The Express.
London, England, 1864-01-20 00:00:00

COURT OF PROBATE AND DIVORCE.

(Before the Judge Ordinary, Mr. Justice Keating, and Mr.
Bann ChanselL)
'mammy * TZILTYAN.-APPIAL.
•••• --

The petitioaar, Mr. fiatsTai, a barrister (who appeared
in puma), bad sought a divorce on the ground of ha wife's
alleged adultery, at Karlsruhe, with a parson who wee mid
to have been the Prince of Hohealeho. The respondent
had pleaded not guilty and aspiration without just canes,
and the Jury had found is her favour. Mr. Yeatman then
applied for a new trial, bat the rola nisi was discharged by
the Judge Ordinary, from whom decision the preempt appeal
was brought.
Sir J. Wilds having read the evidence, which has been
fully reported.
contended that the cam of adultery had
been fully proved. It was a probable story ; it bad been
supported by unimpeachable adunimpeachatt witagems ;
and it had not been eentredieted in the menallest chime.
He maintained, therefor*, ea the authority of " Davis v.
Hardy" (6 Barna wall sad Cromwell, 226), that their cre-
dibility was not a quatioe for the jury at all. If the jury
under such rirewnstuioes had chow to had against
the whams', he (the petitioner) was entitled. as a matter
of right, to a new trial.
The Judge Ordinary called the learned gentleman's attec-
tics to the fact which had been so strongly dwelt upon by
ghostlier side, namely, that the rtepoodent was represented
on the night Were the commission of the adultery as having
been dodrona of conesaling her intrigue, whereas on the next
morning she was dated to bare acted in the most open and
&bandaged 11112121/.__

Mr. Ysatnian said that there had previously been an
inquiry into the reepostient's mental condition ; and
her conduct had been so suspicious that nothing could torn
on her inconsistency, eves it her behaviour had, really bees
unnatural. Bet in truth, the simple fact of her receiving
a stranger alone, sad staying with him for two or three
hours is her private apartments, was an act irreconoilesble
with an intention at any time to conceal her intrigue. He
contended also that there had been misdirection as to the
&oration, and that that misdirection had had an important
bearing on the verdict which the jury had found on the issue
of adultery.
(The learned counsel was proceeding with his argument
when we went to press).

COURT OF BANIEItUPTCT.
(Before Yr. Oresarirrioese CooThera.)
NEW ORDIR A TO OFFICIAL A/MGM&

His liciirOtir etatai that a very-- important order had been
recently made by the Lord Chancellor and two of the Com.
missionere, with respect to the duties of official is
signeee, which he hoped would facilitate the
payment of dividends to creditors. He would also
remark that such payment would be mach facilitatedt
attorneys rendering their bins of costs at the earliest p
He bad recently goo. through the accounts of several m-
utes, sad found that the dividends had been delayed from
this cause. He hoped that the new order would have a
manta/7 effect.
The following is a copy of the order referred to by hie
Honour :

" The Bankruptcy Ant, 186 L" 24 and 25 Tic., c. 134.. e. 45.
" Monday, Jan. 18, 1954.
" Whereas by number 154 of the general rules and orders
in bankruptcy, made on the 19th day of October, 1852, it
is ordered that all dividend lemmata under any bankrupt's
estate which shall have been delivered to say official
assignee by the accountant in bankruptcy for more than
twelve calendar months, the same having been previously
stamped by such accountant, bat which shall sot have been de-
livered to any creditorof each estate,shall forthwith &Berths
expiration of such twelve menthe be brought or sent by such
official assignee, together with two lists thereof, under
each bankrupt's estate, to the said accountant, who shall
thereuponcompare the warrants with such lige and eased
such warrants, and that owe el web lists shall be certified
by the mid accountant and retained to the official assignee,
who shall file such list with the promsdinp of the respective
bankruptcies, and the other of such lists be retained by the
said accountant. And whereas irregularities and delays have
arisen in the filing at the deemed lista. Now it is hereby
ordered that if hereafter any official assignee shall not within
one month from the lams of twelve months from the day of
the declaration of say dividend under any bankrupt's estate,
of which he shall have bees appointed the official assignee,
bring or seed to the accountant in bankruptcy the divi-
dend warrants which shall have remained unclaimed
for a period of twelve months, together with the
lists thereof, es directed by the aforesaid rules and
orders, or shall not duly file such lista in manner therein
mentioned, every official assignee so offending shall be
liable to dismissal from his office, And it is ordered that
every list so to be brought or sent and filed as aforesaid,
shall not only bear the mom of the estate to which it re-
lates, but shall also show the date of the declaration of the
dividend, and the day on which such list is filed, and that
upon the unclaimed dividend warrente being brought or
sent to the scenuotant and manned as aforesaid, it shell
be the duty of the acoonetant forthwith to obtain an order
from a commissioner of the court for the treader of the
amount of such unclaimed warrante from the general
account of bankrupt's estate to the credit of the
account intituled " The unclaimed Dividend Account,"
and to see that each transfer is made accordingly.
And that from sad after the date of this general order oo
dividend which shall have remained unclaimed for twelve
months from the day of the declaration of dividend, shall
be raid to any creditor or other person applying for pay-
ment of the nine, except on an order of a commission of the
Court of Bsakruptcy, made on affidavit of the facts. And
it is lastly hereby ordered that all dividends on bankrupts'
estates payable in London, shall on and after the first day
of February next be paid at the Bank of England.
" WESTBCRT. C.
" EDWARD HOLROTD.
"EDWARD COIMBRA-N."