The Express.
London, England, 1863-01-13 00:00:00

THE POPE AT HOME.

A resident at Rome furnishes the following in-
formation relative to the domestic habits of the Pope :
" His Holiness rises about six. At seven he says mass
in a room adjoining his bedroom. Almost all the cardiards
and the Roman bishops follow the same custom. Whim a
prelate at Rome hires a furnished apartment, he brings
with him a small portable altar and says mass at home, and
it dose not unfrequently happee thet a foreigner who hires
an apartment which has been previously occupied by ► per
late finds some of the remnants of those altars. The Pope
is served by a cameriere, sod by a prelate, priest, or deacon.
There are at the Vatican ten secret camerieri, more or less„
closely attached to the Pope according to their age. At the
head of them are Mgrs. Stella, de Mitrode, Talbot, and
Ricci, who are always near his Holiness. They
keep hier oompany, amuse him, and make him laugh, which
is sot very difficult, for in private life Pitts I.C. is smiling
and happy. At 8 o'clock his Holiness takes his ooffee and
some trifling refreshment ; Mgr. Stella alone is present at
that meal, as he opens the letters which have arrived,
and reads them to the Pope. At 9, wbeo the repast is over
and the letters read, Cardinal Antonelli makes his appear.
asap from the floor above. He is always gentle and mild—
' Holy Father,' here ; ' Happy Father,' there ; he praises
the genius of the Pope, his knowledge of sffairs, dtc. That
is the way in which the Cardinal always addresses Pine
IX. Cardinal Antonelli consults him on everything, and is
his moat humble servant. This political conversation and
business of the Sovereign Pontiff with the minister lasts
for an hour or two. About half-past 10 or 11 the audiences
commence. The Pope, dressed in white, is seated in a
large arm chair with a table before him. He says two or
three words to all the persons who are presented to him in
the language which they speak—French, Italian, or
Spanish, but if English or German be spoken, au inter-
preter becomes necessary. Sometimes during the audiences
he signs appliutions for indulgences which have been made
to him io writing. The Pope williogly signs those applica-
tions, writing at the bottom of them, • Foot Pio None
At 2 o'clock the pontifical diaper takes place. From 3to
4 the Pope takes his siesta, as everyone does at Rome. If
you call at the house of a Cardinal at that hour, the answer
invariably is, Eminence is reposing'.' The Pope does
neither more nor less than others. At ii o'clock hie
Holiness takes a drive in a carriage, escorted by guards,
esimerieri, and monsignori. At 7 the Pope sups, and after-
wards plays a game of billiards. At 10, all the lights at the
Vatican are extinguished."

" Pius 1X.," says a letter from Rome, "has ex-
pressed his intention to rolioquiab for the future the use of
the ended geAtatoria, carried on men's shoulders. It most
sot, however, be inferred that LIU+ ancient usage Is to be
abolished as incompatible with the spirit of charity and
humility becoming the servant of the servants of God. The
Holy Father has come to this decision from motives per-
sonal to himself, as the unpleasant oscillation produced by
that mode of conveyance produces on bim an effect similar
to sea-sickness."

The Mix/nig/err des Arts states that the Prince
Napoleon has enchained his Roman villa in the Champs
Elyw:es with Prince de Detnidolf, fur the domain of San
Martino, in the Island of Elba. It is well known that
Prince de Deinidoff bad formed, in the house in which the
Emperor resided daring hie exile, a very curious Napoleon.
Lin museum.

A letter front Smyrna states that the ceremony
of laying the first stone of the Mimeo catholic cathedral in
that city took place on the 27th ult. with great pomp.
Hsar.Ailmirel Toucher& who commands the naval squad.
mu in the Levant. sent the Mouette steam frigate to
Smyrna on the occasion.

LAW INTELLIGENCE

(THIS DAY.)

COURT OF QUEEN'S BENCH.
Sitting+ is Benno.—(Before Lord Chid Justice Cockburn,
end Justices Wightman, Crompton, and Mellor.)
ROO !MAUI (CLERK) V. TRY POOR-LAW BOARD.

Mr. Coleridge, QC., moved on behalf of the Bev. J. H.
W. Molyneenx, vicar of Sudbury, in Suffolk, foe a rule
ran/ upon the Poor-kw Board to show cause why a oer-
tioran should not issue, to bring up an order of
the board for the purpose of quashing it. The
spppcffp.lannit to the Sthad rildbuarpyPc"Union ted by the
guardian
at as
salary of 50/. per annum, and the order sought to be
gnashed was one issued by the Poor-law Board, in which
they stated they deemed the applicant unfit for the office of
chaplain, and they accordingly removed him from his office,
and directed him to cease to exercise and discharge
the duties of the said office. The right of the
Poorlaw Board to dismiss or remove a clergyman
from the office of chaplain to a union work-
house was raised under the 46, 48, and 109 sections of the
4 and 5 William 4, chap. 76, the old Poorlaw Act. The
46th section provided for paid officers for carrying out
the relief and employment of the poor. The 48th section
gave powers to the Poorlaw Board to dismiss such
paid officers, and the 109th section defined who were paid
officers' in which was included the chaplain. The learned
counsel said the paid officers were those who were to carry
the act into execution.

Mr. Justice Crompton-1s not the chaplain appointed for
such a purpose
Mr. Coleridge apprehended be was not. It was • mis-
take of the functions of the chaplain and his relation to
those to whom he ministers to apply to him such language.
If his duties bad reference to the relief and employment of
the poor this application could sot be sustained.
The Lord Chief Justice said the 109th section expressly
included the clergyman or chaplain, sa one of the paid
officers for the relief and employment of the poor.
Mr. Justice Crompton said the same applied to the school-
master. He was made a, paid officer by the tone clause.
Mr. Coleridge said be could not deny that the introduc-
tion of the word into the 109th, the interpretation clause,
was the great difficulty with which he hail to contend. He
must also admit that he had • further difficulty to con-
tend against, viz., a deciaim of this court in
the Braintree ease, that a union chaplain was
a paid officer. The power claimed by the Poor-
law Board was inconsistent with that exercised with
reference to chaplains to prisons and lunatic asylums.
Besides that, • clergyman was subject to ecclesiastical disci-
pline only, and though he might be appointed to the office,
the bishop by withdrawing his license could prevent his per-
forming his duties. He owed allegiance only to his bishop.
Mr. Justice Crompton—But parliament appears to have
thought differently.
The Lord Chief Justice said this was a new spiritual
function, created under an act of parliament, which gave
certain powers to the Poor-law Board and the Poor-law
guardians. That power was not given the bishop otherwise
than by his withdrawing the chaplain's license.
Mr. Coleridge said that was true ; and, although he could
not minister to the inmates, in consequence of the with-
drawal of the license, as he was appointed during good
behaviour be would be entitled to his salary.
The Lord Chief Justice said it was precisely so. He con-
sidered the Braintree case a pound decision, that a chaplain
to a union workhouse was a paid officer, and there was
nothing in this case to induce him to think otherwise. The
application must be refused.
The other learned judges concurred.
Bale refused.

COURT OF COMMON PLEAS.
Sittings in Banco.—(Before Lard Chief indica Eda, and
Jodie. Williams, Willis, and Keating.)
DRESSER V. NORWOOD.—PRDICIPAL AND AGM.
The plaintiff in this awe was the owner of • quantity of
deals, which he placed in the pommies of Mr. Holderuses,
a timber merchant and agent at Hull; and after they had
been in his possession some years, Holdings sold the deals
in his own name to the defendant. The plaintiff, however,
claimed to be paid the price by the defendant, and brought
this action to enforce his claim. The case was tried before
the Lord Chief Justice, at Guildhall, when the verdict wax
for the plaintiff.
Mr. Bovill Dow moved for a rale to enter a verdict for the
defendant, contending that his client was under the circum-
stances entitled to treat Mr. Holderness as principal.
Rule granted.
=mon= e. LORD RUNIINGTOWEIL —ACTION UPON WAR-

LIM Or ATTORNIT.
Mr. Lush said this action was in a novel form. it being
founded upon warrants of &homey given by Lord Hunting-
tower to enter up judgments in the Court of Queen's Bench.
The circumstances were these :—ln 1842 Lord Huntingtower
came of age and he also became bankrupt. At
that time the plaintiff made • claim against him upon
bills of exchange for 0004, and his brother, Edward Sher.
borne, also claimed upon bills 20000/. Lord Huntingtower
said that he had never received any consideration for those
bills ; but whilst he was in prison Yr. Sherborne sent to
him a person named Douglas, who asked his lordship to give
warrants of attorney, and his lordship having rammed be-
tween 1001. and 200/., gave warranty of attorney f0r20.1801.
and 8,0001. In 18.54 he became bankrupt spin, sod ob-
tained his certificate, but on that occasion neither the
plaintiff nor his brother attended to prove their debts. The
20 years from the date of the warrants of attorney expired
on the sth December lost ; and in October previous an ap-
plication was made to • judge at chambers for Ira,e
to sign judgment upon the warrants of attorney.
On this occasion it was attempted to allow that
the certificate in bankruptcy was void, because his lordship
had some time in the course of his life lost 201. in one day
by gambling ; but in this they failed, and the summons was
dismissed. An application was then loads so the Court
of Quern's Bench for leave to enter up judg-
ment, but this application also fell to the ground, the
affidavit as to gambling being insufficient, and Lord
Huntingtower positively swearing that he had never
Ambled to the extent of 201. in one day or 2001. in a year.
The next application was for an issueas to this feet, but that
also was refused ; and the very next day they brought this
present action upon the warrants of attorn. The learned
counsel submitted that thiswas a proceeding which could
not be sanctioned after what had occured in the Queen's
Beech •• and he applied fora rule to stay and set aside all
promedlap in the action.
The court after some disco ion granted the application.
COURT OF EXCHEQUER CHAMBER.
Lord Chief Baron Pollock announced that the following
lam bad been appointed for Sittings in Error:—For Errors
from the Queens Bench, the 2nd and 3rd February ; from
the Common Pleas, the Ith and sth of February ; sod from
the Exchequer, on the 6th and 7th of February.

COURT OF EXCHEQUER.
!Wangs in Han*, in Hilary Teem.—(Baton Lord Chief
Baron Polka, and Barone Martin, ChaanaU, and
Wilde.)

CAINE AND ANOTHER v. COULSON.
This wee an action brought in the Passage Court of Liver-
?col to recover 191. 24., the balance of a debt due by the
defendant, who resided at North Shields, to the plaintiffs,
'rho carried on bushier at Liverpool, for goods sold and de-
ivered. The defendant pleaded payment, and the proof at
the trial of payment was this :—lii answer to • letter sent by
the plaintiff 's attorney to the defendant 'squinting him to re-
mit the 191. N. and Vis. 4d. for LL,, the defendant sent him
bank draft for the amount of the balaees, but no remittance
1 the costs. The plaintiff's attorney wrote back saying he
eould not receive the money without the soda, but he did
rot return the draft, and he commenced an action against
:he defendant two days afterwards. The objection was not
so the mode in which the payment was
lot to the amount of it, and the leaarot
*se of the Parsers Court held that there had
luso proof of payment, and the jury gave a verdict for the
usteridant. During last term Mr. Ildward obtained • rule
lo net aside the verdict for the defendant, and to enter a
verdict for the plaintiff for the 191. 25., and it now came on
for argument.
Mr. Charles Russell showed cease against the rule, and
Mr. Nilward having been heard in its ettpport,
The Court was of opinion that the rule should be dia.
stlllag
ed The defendant was asked to remit the money,
.did remit it, and the fact of remittance was one
entirely for the jury, who had decided against the plaintiff.
When • person at a distance was asked to send
money, the ordinary mode of remittance was contem-
plated, sad a bank draft might practically be considered
es good as cash. There was nothing unreasonable
to as attorney ,ring " remit me the debt, and Bs. Bd. for
my costa," but en legally doe was the debt ; and if the
attorney did not think fit to accept the amount of tthe debt
only, he ought to return the draft, leave matters in state
quo, and bring his action. There was ample evidence to go
to the jury on the point, and the verdict ought not to be
dirturbed.
Rule discharged.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
The new cause list comprises 88 matrimonial suite. Of
these 10 are for judicial separation, 2 for a declaration of
anllity of marriage. 3 for restitution of conjugal rights.
and the rut for dissolution of marriage. There are n
cam to be tried by common and 10 by special juries.
The rest will be decided by the judge sitting alone. The
amount of business before the court is almost precisely
the same OA at the commencement of last term.
There are also 12 probate causes, 4 to be tried by special
juries, 1 by a common jury, and 7 by the court itaeU.
IN THE GOODS or JOHN JENKIIOI.
Dr. Snicks moved for probate of a will to which, In lieu
of signature, a person had affixed a stamp, which the tee.
tater had been in the habit of using instead of writing his
mina and which it was alleged he (Jenkins) had desired to
be Planed on the document.
Sir C. Creeswell having intimated the doubt be felt as to
the tuffiraeory of the act,
Dr. Spinks asked permission to let the motion stand over,
is ~filer to produce the consent of all the parties interested.
The came was accordingly postponed.

CILTRYAL PALACH—ONZ SHILLING DAT.—MON-
Ar, JAN. 12.—Aanumiooe oo papas.* 1251; ditto b 7
*loon twkoto, 902; total, 2,126.

THE POLICE COURTS.
(THIS DAY.)

CLERKKNWELL.

THE ACCIDENT TO LtrarrmAyr -COLONEL CRAWLEY.

Edwin Morrland Wright. • sugar refiner and cordial
maker, was charged before Mr. Barker with furious driving
and running over Lieutenant-Colonel Crawley. the adjutant
of the 39th regiment of Middlesex Volunteers.
Mr. John Wakeling appears(' for the defendant.
The evidence went to show that the defendant was
driving at a furious rate through Amwell•atreet whilst the
corps of the 39th were standing in front of the school. The
defend►nt's horse knocked down Lieutenant-Colonel Crawley
and injured his ankle, and though the accident happened
three weeks since the gallant gentleman has not recovered
from the effects of the accident.

Mr. Waicellog hoped the gallant colonel would accept an
apology, as bin client was sorry for what had occurred.
Lieutenant-Colonel Crawley said he could not do so on
account of the corps, and mast leave the matter in the
hands of the magistrate.
The case is still proceeding, and it is understood will be
sent for trial.
MARLBOROUGH-STREET.
Till NEW ROTALTY THEATRE.

Joseph Goodp-street,
Middlesex Hospital, was charged before Mr. Tyrwhitt with
the following disorderly conduct in front of the New
Royalty Theatre, Dean•street, Soho.
It may be as well to state that, in consequence of threat,
to disturb the performances at the theatre last night, the
precaution was taken of having extra police on duty within
the theatre, which had the effect of preventing any attempt
of the kind, and the performances went on without inter.
ruption, the house being well attended. Outside the theatre
the conduct of the opponenfa of the present proprietor was
of the meet disorderly nature, as will be seen below.
Sergeant Ent. Freeman, 10 C, said that about a quarter
past Il last night he was on duty at the New Royalty
Theatre, when he was told that there was a great disturb.
ance outside the theatre. He left the theatre, and found
in front of it a mob of about 60 or 70 persons, six or seven
of them carrying boards with placards on them, all the
persons being mare er lees drunk.
Mr. Tyrwhitt—They were so distressed that they were all
drunk !

Sergeant Freeman said the prisoner gave one of the men
carrying a board some directions, but the man did not seem
to understand his directions, and be then pulled the board
off the man's back and said, " Here Mr. Fatty (the
sergeant is rather stout), this will lick you," at the
same time holding up the board with the placard
on it. (The board was here exhibited to the
magistrate, and bad on it, "Notice—The stage carpenters
have not been paid.") He (the sergeant), having previously
cautioned some of them during the evening, took the pri-
soner into custody, as there war a great disturbance going
on, when he resisted violently ; and his companions, who
were, like the prisoner himself, drunk, made an effort to
rescue him, but some other constables, wbo had been
drawn to the spot by the disturbance, coming to his assist-
ance, be was taken to the station. The persons in the crowd
bid defiance to the police, and hurrahed and made a very
great noise.
Sergeant Edwards, 2 C, said that he saw • great crowd
assembled in front of the theatre in Dean-street, and the
boards
appeared to be in command of the men with the
He saw the prisoner hold up the board and say
he would do as be liked. Prisoner was very drunk and
disorderly, and the police had great difficulty in getting
the boar& as Ax or seven of the mob seized hold of it.

Prisoner said the men were not under his command.
He saw a man amongst the others he knew of the name
of " Finer," and went up to relieve him of his board, and
was then taken into custody.
Mr. Tyrwhitt asked the officers if there was any doubt
about the prisoner being drunk, and they replied, "Not the
last," bat the prisoner asserted that he had been a tee-
totaller ever since New Year's.day.
Mr. Tyrwhitt said he mach regretted that the men had
not got their wages, but when they got drank, and created a
disturbance and caused mischief, they must be punished.
He should fine the prisoner 405., or 14 days ; and it he
came to the court again, be should send him for a month.