The Express.
London, England, 1863-06-12 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

OOURT OF QUZIEN'S.BII2IOH.

-- - -
Wigs in Benno,—(Before Lord Chief Justios Cockburn,
sod Justices firightman, Cromptoo, and Blackburn.)
This was the last day of term, sod as is usual the court
was occupied prinapally in disposing of motions on points of
practice, &c. The after term nisi prius sittings commence
to-morrow (Saturday).
THE HOWNIOS OP THB wont
The Lord Chief Justus announced that the first three
days of the post.terminal sittings would be occupied in do.
posing of country new trials. and in the course of the three
days the court would state what mesa should be afterssrds
taken.

THB WON V. BLACKBURN.
This was a rule calling upon the defendant to ►how more
by what authority he exercise' the office of comer for the
district of Cleweetry and Pinhill, in the county of Salop, as
the pound that Mr. Davis, the other candidate at ths
election, had the maiority of rots*. It wall contended that
■ number of persons illegally voted for Mr. Blackburn.
Mr. Berjeant Pigott and Mr. Gray showed cause ageiest
the rel.. Mr. Tomlinson and Mr. Dowileswell supported it.
Mr. Sergeant Pigott said the question was whether the
district of Ellesmere (which was within that of Gawestry and
Pinhill), which claimed to elect its own anbooroaer, had a
right to vote as well for the coroner for the larger district.
Mr. Tomlinson raid the outgoing bailiffs ci Manias
were the coroners for that district for the ensuing year,
which was analogous to the system which formed, pr►
railed at Liverpool. The county coroner, of which Br,
Blackburn's district formed part, had never exercised jure.

diction in Ellesmere.
The °putrid the rule !mist be made absolute.

Bala absolute aooadioglr.

8131011A1Ff V. Tag 0121111 AL COUNCIL OF lIIDICAL EDCCA.

TION AND.IIN3INTILATI. ON.

In this MOO a role had been obtained, oallin upon the
General Council of Medical Education and tion
to show ewe why a mandamus should not issue to compel
them to register applicant or to hear and determine his
application. The council sent round a circular letter
to all medical men desiring to be informed
if they had ceased to practice or changed their
residence. The applicant had ranee to leave his residence
owing to some matters in connexion with his partuer. and
during that time the letter was sent to his usual residence,
but it did not reach him, sod he knew nothing of it until
Deoember, 1881. He had since then repeatedly applied to
the council to regilter him, hut his applications had not
been complied with.
Mr. M. Smith, Q.C., and Mr. H. Loyd showed cause
spinet the rale ; Mr. H. James supported it.
Mr. IL Smith maid that on the 26th May the °outlet] met
and tranderred the matter to the executive committee, to
restore him, if mammy, on proper certificates. The council
only met once a year.
The Lord Chief Justice—And it wee an extn,ordiaily
circumstance their not meeting oftener than once a year,
especially as a medial practitioner could not recover his fees
unless he wan registered.
Mr. Smith said the council were wiling to hear and deter.
mice the application, and they had for that purpose dale.
pied their powers to the executive committee. There was
a discretion in the power of the council to restore the name
of a prawn whose name bad been erased. There bad beet
DO application to the registrar with the tender of the fee.
Mr. H. James doubted if the council had the right of
again examining into the applicant's character.
Mr. Justice Crompton thought they bad.
The Lord Chief Justice said the court would grant the
mandamus to hear and determine, and any point of law must
be argued after the return was made, provided itwas adverse
to the applicant.
Rule absolute for a mandamus, but not to issue if the
application was entertained within a month : sod if the
decision ware favourable to the applicant no mandamus aced
issue.
Rule accordingly.
COURT OF EXCHT.QUICR.
• •

Sittings in Bmaeo.—(Berate Lewd Chief Baron Pollock and
Barons Martin, Channell, and Wilde.)
NOBLE v. BANE OF INOLLWO.—ADVENTORIO OF A £lO rod &
Mr. Hannifin showed cause against • rule obtained by Mr.
Robinson, for floe payment of coats in this action, which
wee brought to recover ten pounds, the amount of
a Beak of England note. On February 3, 1862, Mr.
Robert Chipperdeld, • publican, at Horaleydown, destroyed
the note, believing it to be • flash one. Afterwards he
ascertained
fthat itpay was • genuine note, and he applied to
the Bank or ment of the money, but was informed
that no notice could 'oe taken of the application until after
the expiration of twelve months. IFebruary last he
mewed his claim for the money, and on the Bank
asking for information respecting the note be said it had
been •' distributed" with some other notes which came into
his hands, and believing it to be • flash note be threw it into
the fire. This excited the suspicion of the Beak, and they
sought further information.
Mr. Baron Martin—What does " distributed" mean?
Mr. Hannan—Nobody oats tell ; but we thought that in
using that phase there was a concealing of something,
and we wished to know more about the note. A
writ was, however, issued against the Bank, but not in
the name of Mr. Chipperfield. but in that of Mrs. Mary
Ann Noble, the present plaintiff, from whom he said he
had received it. The Bank then pleaded that th.
plaintiff was not the holder of the note, and that the
note was not lost. Upon an application to a judge
at chambers, the defendants were, under the 517th section of
the Common Law Procedure Act, restrained train setting
up the defence that the note was not lost, as
' the plaintiff giving them an indemnity for the
amount. The indemnity was given, and the Bank
paid the 101. into court. They also paid into coat
by order of Mr. Justice Blackburn • sum of 11. 10e. for
costa which included counsel's fee for drawing up ade
murrer to the pleas„ and both sums had been taken out by
the pinintiff. The plaintiff now claimed cogs
as for an action in which he had recorared
101., under the 122nd section of the London Small Debts
Extension Act, which provided that costs might be gime
in a case where no plaint could have been entered in the in•
feriorcourt. The learned counsel, however, contended. under
the circumstances of the case, the plaintiff was not entitled
to owns.
Mr. Robinson having been beard on the other aide,
The Lord Chief Baron said he thought the rule should be
discharged. This was a case evidently not contemplated by
the legislature, and under the terms of the set
the plaintiff was not entitled to oats, because
• plaint could have been entered in the inferior
court just as much as an action could have been brought a
the superior court, and in both the defence that the note
was not lint might have been set up. His lordship ad
that as regarded a lost note, the practice was to brio an
action ; and if the Bank pleaded that it was cot IA
a judge at chambers might, under the Common law
Promdure Act, strip them of that defence on 400
plaintiff giving a satisfactory indemnity ; but he thought
would be more convenient if the claimant could get his
money by applying to a judge in the first instance, and
ore
going to the expense of issuing a writ.
The other judges also concurred in discharging the rule.
Rule discharged.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
MILNE V. MILNE.
Mr. Lloyd appeared for the petitioner, • rimier, at How
leydown, who married the respondent in 1858. Oa his re
turn from a voyage to Singapore, which lasted from Oetoter.
1857, till February, 1859, be found her far advanced
y, and she was delivered of a ehild in the ay
allowing. bad not been mow
Mined.
Decree nisi.

ADOLPHUS V. ADOLPHUS.
Dr. Wambey appeared for the petitioner, • wife who seed
for • dissolution on the ground of adultery and deserts.
The marriage took place in Isro, and there bad been two
children. The respondent was • surgeon at Sunbury-ow
Thames, but he complained that he could not obtain s
sufficient income to support his family. The petitioner soil
bee children accordingly returned to her father's ; and din
Adolphus obtaieed • situation in a school at Bristol.
In 1860, tbe respondent wrote • letter to his info
in very affectionate terms, informing her that be was Oil
to New Zealand in the hope of bettering his fortunes. Br
Name, the wife's father, however, discovered that Corolla
Bunker, the daughter of the person from whom the resist•
diet had purchased his practice at Sunbury, bad also dins•
with him. Mr. Mason followed them to Rue 9L
ire in Paris, where be found them living together.
Decree nisi, with coats, and the wife to retain the custoil
of her children.

COX V. CON AND Dona.
Mr. Kerslake, Q.C., and Dr. Speaks for the petitioner;
Mr. Case for the co-respondent.
The petitioner, a captain in the Bengal artillery traria
the respondent in 1817, at Douglas, m the Isle of Mae.
lie afterwards went to India, where he was ultimate!?
followed by his wife. She arrived in Calcutta about the
middle of October, 1860. The ao-reapoudent, Mr. Sahel
Visors Doyne, was ♦ barrister, practising in that city ;
it was proved that she had eloped with him and had sue
lived with him as his wife.
There was so defence.
Decree nisi with costs.
- -

TWYSAM V. TIVTIIAM AND CARNELL.
Mr. Temple, Q.C., and Mr. T. Atkinson for the prii'
The petitioner, Mr. Edward John Lemoive Twyuom.
a captain in the Bengal Staff Corps. in 1559 he martial,
Charlotte Warner Law, at a place in Arrant'. They
lirr
most happily together till February, 11362, when, is caw'
queues of • serious attack of dzetery, it become ob.*
lately. necessary for her to go to land. She erro t
r:Wulf
left to the Blenheim, of which the ocrrespoodea
Amherst Cornell, woe chief mate. She arto7
in London oo the 12th of June last. owl 'mu'
to live with her father-in-law, Mr. Tinian+. 0.
a retired Ceylon officer, residing at Brighton. Sbe
brother, Mr. Wm. Ogilvy Law. studying for the Etiglivb 01'
sad the went to his chambers in the Templa
order, u she that she might visit her sistere.lo°
wen at at Twickenham. After being rst
two or three days, however, she diuppeorel
in September lag she wa traced by moos

MARLBOROUGH-STREET.
CROUTT TO ♦ WIFL

Mr. Jena Wild, of the ooffee nudism, rooms, Leicester-
square, appeared before Mr. Knox to 'newer the complaint
of hie wife, Mrs. Eliza Wild, of violently assaulting her.
Mr. Louis Lewis, of Ely-place, appeared for Mrs. Wild,
sail mid that he should not go into details, but sootiest
Naimoli with stating that his client bad again to complain of
oa
moult committed on her by her husband
—part of a long course of brutality pursued
towards her by him—and that Mr. Wild had
ham three or four timed summoned to that court owing to
lb violent conduct. After calling Mrs. Wad, who would
depose to the treatment she had received, he (Mr. Lewis)
would ask his worship to deal with the case u he thought
at.

ire. Wild (whose countenance was much disfigured owing
lio a bed Mick eye) then deposed that on Tuesday night
week her husband behaved in a very from manner towards
her in the coffee room before a number of She
resented this, and went upstairs, when he followed her up
and struck her in the face. He then threw her on the bed,
twisted her hair, and knelt on her. She got up, and he
then took her by the hair and threw her on the floor, and
again knelt es bar and beat her, Liaising her all over. He
bad been drinkinga little, end all the while made use of the
most diagnstieg language to her and the children.
In answer to a question Mre. Wild said her husband had
treated her very cruelly for a long time put.
A gentleman lodging in the house (Mr. Gosnold) deposed
that hearing screw= be got out of bed aid dressed himself,
end on going to MF• Wild's room he felled her on the floor ;
on her getting up Mr. Wild flew at her, and grasped her by
the throat. Hie pulled Mr. Wild away, but he afterwards
struck Mrs. Wild in the eye with his fist, and on the fore-
head with a candlestick, and he believed that bat for
his interference the affair would have ended in a very
serious manner indeed. _ _ _

I;;Mwort; tieche, the defendant set op a defence
which only summated arg
the complaint against him.
Yr. Knox, miter severely rebuking the defendant for his
mainly defence, and animadverting in strong terms upon
his cowardly conduct, committed him for two months with
hard labour.

ANBADLT ON A POLICE INSPNCTOR AND BINGES R.

Henry Aforsimer, a rough-looking fellow, was charged
with meaulting Inspector Charles Bowles and Sergeant
Appleton, 26 C.
It appears there was a ball at Willis's Rooms, and the
primmer owned a great distorbsaos by ramming to the
carnage doors. He was requested to desist, hot he refund,
and on being removed assaulted the inspector and the

LIVERPOOL COTTON & CORN MARKETS.
(PHIS DAY.)
(sr !LIMNS AND DiTzasurolui. rursours.)
(nom ant OWN couserainire.)
Oorrosr.—The market opal steady, and the ton shoos
will probably foot up 5,0 W bales.
COEN. —The market,fairly attended. Wheat, limited
Waimea and priors in favour of purchasers. Flour dull and
rather cheaper. Indian corn steady demand; mixed 28s.
to 28s. 3d. Epptian beans seams, SAM* on the quay being
30a. 9d. Oats and oatmeal moderate sale at late rates.