The Express.
London, England, 1862-07-19 00:00:00

THE WAR IN CHINA.

Last night's Oazette contains several despatches
which have been received at the War-office from Brigadier-
General Staveley, C. 8., commanding her Majesty's troops
in China, on the subject of the war with the rebel in that
country. Detailed accounts are given of the capture of
Taerpo, Hading Tsing-poo, and Najeor, also the forces
engaged and the lints of casualties, which are very light.
The following agreement an to measures to be taken
for the protection of Bhatighae was entered into on the 264 h
April, between Sir James Rope, Beigadier-Qeneral Btaveley,

and the French Admiral Protet.

Ist. That it is neoessary, for the defence of Shanghae, to
occupy Kadlng, Tsing-poo, Sung-Keoug, Najecw, and Taw-
lie, by which means a district of country will be secured
sufficient in extent to afford the supplies requisite for the
support of its numerous population, and to keep the rebels
at a distance which will preclude the continuance of that
state of alarm which has presaged during the last few
months, and which has been so detrimental to its cow-
-1 mere..

god. Colonel Ward at present occupies Sung-Ksong, and
he undertakes, as soon as Tsing-poo is taken, to establish his
head-qusztersithere and to hold it. The Chinese authorities
have undertaken, and will be required, to furnish sufficient
garrisons for Kadin, Walser, and Tsto-lia. in each of the
two first of which it will also be expedient to place two
hundred troops, half English and half French, in support of
the Cbioese, until Colonel Ward's force is sufficiently seg-
mented to enable him to replace them by three hundred of
his men. _ .

3rd. Previous to the captors of Kading and the other
towns from the rebels, proper arrangement* shall be made
to prevent any men leaving their ranks for the
purpose of pillage; and subsequently, to collect whatever
may be of value, in order to its fair distribution amongst
the troops, to whom the same is to be made known before
the commencement of the operations.
4th. After the proposed operations have been brought to
a successful conclusion, it is intended to retain at Sinuighae
500 French infantry, and of English, a half battery of artil-
lery, 250 European and 350 native infantry.
Despatches have also been received at the Admiralty from
Sir James Hope relating to the capture of Toing-poo and
Najaor, near Shanghse, from the rebels. It wan at the
taking of the latter place that Admiral, Prot4t fell at the
bald of his men. Our loss was bat trifling.

Tax McruicAt. SYISTEM.—The select committee
on weights and measures, presided over by Mr. William
Ewart., and on which Mr. Cobden his been an active mem-
ber, Dave arrived at an almost unanimous conclusion that
the best course to adopt is gradually to introduce the
metrical system. They think the first step should be
simply to render it permissive in this country. No com-
pulsory measures should be resorted to until they are
sanctioned by the general conviction of the public. They
also express an opinion that a decimal system of money
should be, as nearly as possible, concomitant with
• decimal system of weights and measures. They
recommend that • department of weights and
measures should be established under the Board of
Trade, and that to this department should be confided the
gradual introduction of the metrical system. The govern-
ment should require its employment in their contracts, in the
amounts of the customs and excise duties; thus fami-
liarising it among our merchasits and manufacturers.
It should form • part of the competitive examinations
for the civil service. The gramme might be used
as a weight for foreign letters and books at the post.
office. The Committee of Council on Education
should be authorised to furnish schools with the
means of giving instruction in the metrical system,
and of teaching decimals earlier and more completely. Ia
the public statistics of the country, quantities might be
expressed in the terms of the metrical system in juxtaposi-
tion with those of oar owe. In any new acts of parlimireat

relathig to weights end measures, the change introducing
ebernlii be confined to, or connected with, the metrical
system. The only weights and measures in use melt to be
the metrical sod imperial. An annual report should be imam
tp pediment by the department es the remits et grit
inspection, and on the progress of the new meta* ; and In.
simpatico ought to be periodical, muiettial, and (regent.
A new fibre plant called Bilk weed, or aeolepian,
which it is thought might be a eutethaes Ice she *Moe
plant, has been introduced into Cam& teem the Reeky
Mountie.
Serious collisions have taken place between the
coolie and creole labourers in Trinidad.

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before the Master of the Bolls.)
CHORWS E. BAYLIS.
His Honour gave judgment in this caw, in which the
question cbiedy kraal on the validity of an assignment to
the Commercial Bank of London, represented by the
-bazaar, of among other things two policies of et
stuanos in the Victoria Life-office. Thee" policies bed
been taken out by Durdin, the fraudulent clerk, who 'IA
subsequently prosecuted to conviction. and by him assigned
to the bank after the discovery of his frauds, but before his
conviction. The alleged consideration was the claim of the
bank wink Durdin in respect of the monies of which he
had robbed them. The policies were claimed in opposition
to the bank by the defendant Beylis, Durdin's solicitor,
to whom the policies bad been handed by Durdin. The
crown also claimed them, as forfeited by Durdin's convic-
tion. Catkin real estate had also been conveyed to the
bank for the same consideration', and was now claimed by
other persons.
In giving judgment, his Honour said the law mussel to
be —lst, that a person after the commission of felony, tot
before conviction, might sell or assign personal monody for
value ; secondly, that a debt owing by such person at the time
of the assignment formed a good considerttiou for it; thirdly,
that such and all assignment must be bona Me, and out
merely colourable ; fourthly, that after the discovery of the
felony and until conviction all civil remedies against the
person charged with felony were suspended in order that
the dignity otter law might be vindicated by the criminal
prosecution ; and, lastly, it was immaterial by whon,
such prosecution was carried on. His Honour then applied
those propositions to the facts of this case, and was of opinion
that there was a valid consideration for the assignment to
the keit. The money taken by [audio from the bank co.
stituted a debt doe from him to the bank, and it was clear
that a person robbed might recover his property from the
thief, or damages in compensation. It was not for this
court to discuss the narrow distinctions which
bad been taken between tort and felony, and ail
and criminal wrongs, which were near together. The prin.
ciples regulating them applied equally to chattels and
money, and the only question, therefor*. was whether there
was a valid assignment here. No written document we
neessiary to such assignment, all that wee requisite was
proof of intention to assign. His Honour then referred to
a letter written by Durdin before be beaded the polich • to
Baylis, to the assurance office, directing them to take
notice of his wish to transfer the policies to the bank. This
was a good assignment, and therefore gave the bank priority
over Baylis as to the policies. As to the real estate the
same considerations applied, and, as the bank had acquired
the legal estate therein, his Honour held them entitled
to
the y.
Mr. &ngieTt Mr. Baggallay, Mr. Lsngwortby, Mr. Bean.
moat, sad Mr. Wickens (for the crown) appeared In the
rise.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
BOUVT.IIZ e. THR ATTORNIT-01120:11AL. Botevirate AND
OTHERS lIITEarILVING.—LIOOMMACr.
Sir H. Cairns, Q.C., Mr. Forsyth, Q. 0., Hr. Hence
Lloyd, and Mr. Everett appeared for the petitioner; Mr.
Hanna, with the Attorney-General, Sir Fitzroy Kelly,
Q.C., Dr. PhMinaore, Q.C., and Mr. H. Mathews for the
interveners.
This was a petition under the Leetimacy Declaration Act,
presented by Mr. John August Shiel Bouverie, of Cattle
%wain, Londonderry, and praying for declaration that he
was the lawful eon of Mr. Francis Reclaim Bouverie. The
petition was resisted by members of the Bouverie family in
Northamptonshire.
Sir H. Cairns, in opening the case, said that for many
years there bad been settled at Delapre Abbey, in North.
amptonshire, a younger branch of the &reverie family,
the head of which was Lord Radaer. Mr. Edward
Bonverie, the owner of the property in the hit century,
had four daughters and four sons, the third of whom war
Mr. Francis Keoelm %averts, who was born at
the Abbey on the 19th of November, 1797. He
was educated at Oxford, and afterwards entered the army.
In 1826 he wee with a detachment of his regiment, the
62nd, at • pleos called Castle Dawson, then a town of some
importance in the north of Ireland. In this town there
lived a widow, with an only daughter, named Shiel. Her
hurbond was the son of a physician in the neighbourhood,
and he had been possessed of a property which had
gone over under an entail to bit brother Mr. Jelin Aimmkr.
Shiel. Lieutenant Eouverie berm* acquainted with the
Shish, and an attachment soon sprang up between him mad
the young lady. They became engaged to each other,
and the match was in every way a suitable one.
Her age was about M, and hie about 28. He had at that
time no Mamma but his pay, and an allowance of 100/. a
year from his father ; whereas Miss Staid had a eettletneat
of 4,C301. which had been left her by her grandfsther. The
young couple were married by the Rev. Mr. Vasty,
at the church of the parish in which %elle Daween win
situated, namely Magerafelt. The family of the lady, sad
Mr. Bonverie's brother James (who afterwards became
colonel of the 17th Regiment), were present at the ere-
,' mony. For some months they lived at the beam of Mn.
Shiel, and then the detach meat to which Lieutenant &Mira
belonged removed to Enniskillen, where they stayed fat
about a year. Thence they removed for another year to
Cavan, where Lieutenant Bouverie obtained his cesapny.
He then sold out, and returned to Castle Dawns& A
correspondence was kept up between Lientemat
Bowline and his family. The learned counsel reed
an affectionately-worded letter from Mrs. Bourerie,
his mother, dated November, 18J6, wishing joy
to her eon and her daughter-in-taw, on the return of the
19th and 20th—" the two most eventful days of their live('
as she termed them, they having beep her son's birthday
and wedding-day. In this letter Mrs. Bouverie gave (by.
tam Bouverie the love of her daughter Caroline, who with
her eldest brother and her two surviving sisters now opposed
the petition. In 1832 Mrs. Bowene had a still-bore
ttter ; and on the 12th of July, 1836, she was again cos-
On this occasion she gave birth to • boy, who
received the name of hie maternal great uncle, Mr. Jobs
Augustus Shiel being at that time regarded as the heed d
hie mother's family. The child was always regarded by hi
father with the utmost affection, and at his (Ceptal
Bouverie's) death ea the 19th of September, 1857, be cow
weeded it to the care of his family. The jury sight row
perhaps 1/020er how the case came before them at all! At
first he (Sir H. Cairns) had felt the same difficulty, for as
infotmation could be derived from the pleadings, which
seemed have been formed on the principle of denying every.
thing. They denied the marriage of the petitioorell
father ; sod they denied both the birth of the still-bon
daughter, and the birth of the boy. There bad
be= however, a commission to examine withers'
la Ireland, and he found by that means what
was the real meaning of the suit. Although Captor
Bonverie had lived on terms of the greatest affection with
his wife, there was • period when that harmony was for I
few days interrupted. She war unfortunately induced
gentleman named Bell to aceocapairy him to Liverpool.
Captain Souvenir was greatly distressed at the occurreace.
He procured a warrant for his wife's detention, sad
sent • trusty person after the fugitives. The step
he took were snomesful ; and in ten days she
returned to her husband's house. Clain Beavers toot
every step to prevent the samba spreading ; he forgave her
fault, and to the end of his life he again lived m
the beat of terms with her. After his death 3iri.
Sawicki fell into straightened circumstances, ad
she married a person of inferior *octet politica
named Mann, by whom she had mural children. After
him death she married • person named Hansmenly, who stall
survived. She contrived to give her eldest SOU an et•
collect education; but when he grew np he entered
the 000atabulad7. Then he enlisted in the
Dragoons, in which he became a corporal, sod afterwards
he wan appointed orderly to Sir Harry Smith, 1,99
was then commanding the northern district. A year iK4
however, he married • lady in the north of Ireland, and M
purchased his discharge. By a re-settlement of the louvre
estates, in 1811, they -sere given first to General Beware
and his children in tail male, then to his brothers in gee'
cession, and then to his sisters as musette in common st
tail, with remainder back to the geoeraL Gear&
Bouverie, who was born in 1789, had no family.
and his second brother had died without lava
rilso that the petitioner was heir presuroptra
e estates. The learned counsel contended that
by the law of England any child born of prisms her'
fully married and capable of being the child of both of thee
was presumed to be legitimate ; and he denied that stir
had occurred to cast the slighted doubt epee tle
Lpl paternity of the petitioner.
vidence of the marnege of Captain Bonverie sod 29
birth of the petitioner was then given. Mrs. Shied was
preesot at the wedding—there being an Irish custom eh
forbade mothers front Weeding at the marriage of the'
daughters ; but there was a middies breakfast at
beam, and the party returned there after the ceremooy.
Be Walls, who was present at the death of C
Bouvi= &pond that before he died be kneed the pm
I Moser, and said, ' Be good to mylittle eon."
Edward Walls, husband of the last witness, was plmt
=a on Captain Bouverie's farm, and stated that after
=sir= had gone away, his master sent him 9
Tams to fetch her back in the car. He pre "
sem semis any to lIC
re her. On the way herdherdbit Oil I, Yea._ on, who rode back. '
pram= whs. Mrs. Bravais east her husband. He cas
to the door and asked if Mrs. Banyan* had come! The
she went into the room to her husband, and he abut 9
door. After that, witness lived in the house. They 9
hayed to each like mita and wife. He was very hied
affectionate to her. Recollected the birth of the child. I
told witness that the mistress had got a fine young 9
He was very food of the child, and carried it stoat, vs
seas might have done one of his own. On the night V
Oath Bosworth died he kissed the child, sad said, " Be el
fel of my little son, for he will coin' day be heir to
father's estate."

r. Hans afterwards maid 1111;
Heavens. He kept • public-home acrd greases 'bop "I
nom took Ids up oa tie ear became be yea riall "
tows. Never heard of Mrs. Bewails nosing 00
• sewed time. O• the amides whim IOW
fetched leer be thought she see ea • vitt KO
• toned Wirwect Lodge. Mr, mai gpig aw Of
e
!stared Mtn on the Car. Weal ewer that he WI
'Um& of her aiming sway. and that be weer hoed 01
Wog old &beat LiverpooL Wadi seresr that be aifi
I braid (hg 4. Beaver% tay anything about Hr. Vasa 11

about his having sent him to Liverpool. Never bad any
,erersatin with Mann about Mrs. Bouverie. Knew
nothing of a man sleeping in the nest room to Mrs. Batmen,
after she came back.
Nary Sloane proved the birth of the still-born child re-
ferred to in the opening opeech of Sir H. Cairns.
deaeph Sloane, her husband, was groom to Captain
rouverie, and the day after the petitioner's birth he told
witness that " Eliza bail got e fine young son." Once he
i,ought him to the stable and asked witness if he was not
ttioa a tine boy? Because the child was born the captain
Anil Mrs. Souverie appeared on good terms.
Cross.examined—Could not recollect Mann coming to
the house while Captain Bouverie was alive. Never knew
anvtbing of Mrs. Bouverie's absence. Never gave Captain
11Ouverie a letter wrapped in brown paper.
James Henry, postmaster at Castle Dawson, said that
Oaaiu Bouverie appeared in great grief at the absence
of his wife. She was away three or four days. After she
came heck witness frequently saw her with herbusbaad, and
they appeared to be on the same terms as formerly. Cap-
uiu Bouverie seemed very fond of his boy.
Cross-examined--Never heard of her going away, and
teiog absent fora month.
Mr. John O'Neil, a farmer at Toone Bridge, spoke to
seeing Captain Bouverie caress the petitioner, and call him
his fine boy.
Mr. Robert Johnson, • surgeon at Castle Dawson, had
attended the petitioner when a child. Captain Bouverie
.aid he would rather die himself than his boy.
Ctoseezarnioed--Had seen Captain Bourerie the worse

for liquor twice.
Mr. William Gaumen, of Magerafelt, merchant, gave
similar evidence.
On cross-examination, he said he had heard from Captain
Bouverie that Eliza had been away with Mr. Bell. Had
saver heard that that happened more than once.
Understood that the absence was one of from ten to four-
teen days. Heard from Captain Dawson that they had been
traced to Liverpool, and that be had laid an information
before a magistrate, and that they had been apprehended at
Liverpool, and brought back to Castle Dawson. The elope-
ment made a great sensation in the neighbourhood. Heard
of a public dinner being given to Dr. Farrell in October,
1835. The elopement took place while Captain Bouverie
was at that dinner. Never heard that the captain had
token any steps to obtain a divorce.
The letter referred to by Si, Hugh wu then put in, u
was the evidence of Mrs. Eleanor Shiel, the mother of Mrs.
Hammersley, which had been takes by a commission. The
evidence was in rionfortnify with that given above.
[The case was proceeding when our report left.]

THE POLICE COURTS.
(THIS DAY.)