The Express.
London, England, 1864-08-03 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

EQUITY COURT.
(Bofors tlao Lords Justices.)

oomina r. cwcg 7n.
This wee an appeal from a donnas of ViocCloaciellor
Wood, by which his Honour bed decided "that lads
Caroline Mary Chichester me not eatitled to the bemoan
given her by the will of Heery Beam, the testator in the
salt, in one moiety of his reindsary Mate" --isamosnling to
upwards of 00 W01.)—" without ant deducting therefrom
•eu Of 10," second by • covenant of the testator, in
Lady Chichester's marrisge settlement."
Mr. Bolt, Q.C., and lir. F. H. Bridowe appeared for
IrezedClaralies Mary Chichester, the appellant, and eon-
te that, inessuich as the trusts of the settlement were
different from those of the will, and as the will contained a
dicaiset province far the minims of the tertetor's debts
prior to the division of the residue between the appellant
and her mister, the 10,0001. wee to be treated as a debt, ud
paid as:cooingly.
Sir Hush Cans, QM. Mr. Gifford, QC., and Mr. Speed
for the ressunts, end contended that the cm
foil the IN& rules of this court, which leant
against coeferring doable portions upon children, that this
10,0001. en* be Suited es sanded by the bequest of the
moist, of the residue, and therefore that the decision of the
VisoChascellor wee comer.
lir. H. R. Young appeared for the trustee of the
testator's will.

Lord Janice Knight Bruce was of opinion that the
deci-
sloe of the Vice• Chancellor via correct ; but Lord Justice
Turner, though he admitted mach of the remoning, yet dif•
fared from the asnalesion at which his lowed brother and
the Vies-Otianeellor had arrived, sod thought that the deci-
sion of the court below was not correct ; the result of which
was that the appeal must be dismissed.
Be no. 3 =LAND COUNTIES NZWITIT BUILDING SOCTITT.
Their Lordships also gave judgment in this matter, which
was as appeal from as Cdr of the Master of the Rolla.
The object of the erigieel petition was to procure the wind-
ing-up of the society seeder the °ampoules Act, 1862, and it
appeared that the society was certified by Mr. Tidd Pratt,
but that it had not been registered ceder the Provident So-
cieties' Act (15 sad 16 Viet., o. 31), mystifier the Industrial
and Provident &wishes Act, 1862 (25 sad 26 Viet., c. 87),
which, in its 17th section, provides that societies registered
under this set are to be wound up in the county court.
The Master of the Rolls held that the society must be re-
gistered under that act, and then wound up under it, and
ha dimmissed the petition.
The Lord Jodi*, Knight Bruce said that although it
might passably be the proper interpretation of the Almost
enigmatical mass of ishitiou brought before the court to
hold that the jaried .
ic which his Honour held to exist
did mat, he thought that the better mores would have
been to make the order co the original petition.
Lord Justice Turner wee of the same opinion. The order
at the Rolla must be discharged sad the petition re-
stored.

The counsel engaged in Ibis appeal were Mr. Spring&ll
Thompson and Mx. Clement Swanton.

001:31tT OF ARCHES.
(Bofors Dr. Loshiostort, DIAN of Aram.)
TIT AND GUITA V. TRALBUIL —DIPONTAIIT CHURCH

KATE CLSL

This was • very impeder: ems bearing upon the disputed
questioe of chur rates, sad as this is the lint time such a
Point hes ever be.. raked, the matter excited considerable
Merest.

The *Wills were the churchwarden, of Cheddar,
Somernetaire and on the 6th of February letters of request
ware opened from the diocesan court al Bath and
arras* the Oonrt of Arches to hear the owe, involving
the rimed of a chard rate. Subsequently Mr. Fry with-
drew from the suit, only one churehwardea being left to
orations it. The point for the court to decide was whether
or churchwarden could proceed in a case originally insti-
tuted by the two. when or had peremptorily refused to
proceed further. mid had taken the proper legal means of
doing so by witbokling the proxy which the court required
in every MO, . .

ilitei;lesee's Advocate (Sir EL Phi Unbars) defended the
course which had been adopted.
Dr. Lushineon, in delivering judgment, said the questions
he had to decide was whether one churchwarden, there
being two, could go on with a suit, and whetter
there was wry power to compel the co-church-
warden to proceed against his will. He had
takes great pains to inquire into the matter, but be forted
so cases which bore upon the knees now raised. It had
been urged that eburclowsrdeas were a corporatioo, hut he
could not find any definition of that term, and be held that
it was altogether too vague to define the duties which were
imposed upon them. He was of opinion that one church-
warden coder the circumstances could not proceed. It
might be competent to a court of common law to compel
the recusant churchwarden to join, but be did not under-
Mend that he moaned that power. He must declare for
the protest. Thee. were very painful ewe, and he regretted
extremely that the law wee not altered toast the aoastrot
changes with regard to church rates.
The suit was thus quashed.

COURT OF BANKRUPTCY.
(Before Mr. Oortraiialioo4ll. Con Mare.)
IN U DANIXL TLIIITON JOHNSON. _

This wu an applic•tioe by • debtor for release from
custody under • trod deed. He bad carried coi Waned
is the Old Jewry, and Baatifort.buildiogs. Stnod, as • mar-
chain. Os debts of 7,0001.. the debtor propoeed to pay •
couposillou of 3a. is the pound, by two instalments al
Is. ed. each.

Kr.
it.
Sergood supported the application ; Yr. W. Lewis
"reds Honour, in giving judgment, said that • pints kiefee
bed been addmeed to him by the debtor, but be bed net
reed it, as he made a rule to take no notice of each corn-
musiestioes. The court .1 OA of opinion that, even if
the deed were • valid one, it had no power to
grant the debtor his liberty. It had been argued that the
&Aloe, having obtained acertificate of the registration of the
deed, bad the NW right, se • bankrupt who had sur-
rendered and obtaleed prolestion today the ociosolidatile
set. Bat the court was alms of opiaion that a deed
ens not such a deed as wee contemplated by
the act of 1861, but had bees got up for the
purpose of obtaining the Mess of the debtor. Oa thole
grounds, his Honour felt bound to refuse the epplioatitia
for Mere.

Yr. Sargood intimated that this daisies would he ap-
pealed against, and asked his Homier to fix the rout of
&pork at somethieg below the usual len ; het his
Hower refined to make any order.

131.11 Gi01101.117117..

The bankrupt is ilaiscesTewesfc;;;lr the proprietor at
the defunct Morning Otrortick, and other oempepres.
Mr. Sargood sow applied to the soul fee the papor et
matey* the essigorres 'ruder this bankruptcy— . Hodge,
Lea. (of the firm of Spalding and Hedge), and
E. Hart, aceoestaat, of Mourgate-sheet. The object of the
motion was that proceedings might be taken spirt Mr.
Witurray, wholesale stetioaor, of Qom's-street, a mort-
gagee of the baggrupt's property, who. it was coo
had gicrifieed the copyright of the Landow Jaunt:id en
other periodicab. The learned morel mitered into a lom
exparte statemeat of the mischances of the bsekrept, and
the alleged iniersiedect of Mr. N'Yurray, who it was mid
bad sold copyrights for 18,0001. which were worth upwards
of 40,0001. Tb. peincMal ironed for asking for thermion*
of the assignees was that their solicitors (Hams. Within=
and Heekwood) were aloe the solicitors of Mr. ld'Hurisy.
It was also naked that Mr. (Inhale, the official assigns,
should be directed to take proceedims against Yr.
Idifurrey, proper iediessity being givers.
(The case was progialing when our report left

THE POLICE 00IIBTIS.
(THU DAY.)

BOW•STIMEr.
DAZING BOISZILT MOM A DIMLLING•HOUSZ.
A doessey-dremed mewl woman. who grave the male of
Catherine Neal, won charged with thealieg a silk drag um-
brella, he., from the residence of Mr. Clark, .39, Stan-
Ansi, Bsdfordmguare.
Freon the 'Mamma it appeared that some repute sad
painting were gam oo at the home of the prosecutor, for
which reams the front door was cemaimally left open. A
few daysago, whileXr. Clark was sittiog reading is his pr-
imp., be saw the primmer coining dowastairs with a bundle
end silk umbrella under her arm. He *eked her what
she wanted there? fibs replied. "It's all right—l have
beet to see Madams on the second Som." Witness felt
dissatisfied with this statement, sad requested the primmer
to wait till be bad made sows Moony ; bet elm then disco-
vered that she was in a great hurry, sod ran out of the
bass. Witness followed bee, and gave her into custody,
upon which she affected to be " stupidly druak," sad inca-
pable of oxplisiaiag saything. The property was identified
by Mrs. BMirbroth, a lady randier the house, sad valued
st

.ThThe prisoner appealed to the lady to have mercy upon
her fee t►e " sake of her dear children." and trie4 to get up
• Bosse in court, but Fergeaat Franklin. of the E division,
bad an unfavourable remembrattoe of her past auger, sad
Mr. Vaughan committed the primmer for teal.

11131PLART DAEGBI7II AND MODE SERVANT.
. . _

Elizabeth Corby, a gut 73 roan Olege,Vas..-cliSrgod
wader the following circumstanow:
Yee. °why, the dolsodam's mother, a very creditable
looking elderly woman, is widow'. woods, said that the &a-
node's MOO to bar here at Cashes at half-pert 1 lids
moreiag, sad palled clonally at the bell. Complaimat
opened the window sad bemired what she mated, whim
elef (octant demanded some money, sod became it wee not
imatedistely ghee ber abs demolished two passe of ghee
Mr. Arnold- Dem she live with con !
Complaisant—No • I should be afraid to lot hie. Wean
go is Arm of bar. She, Weans/ both me sad the &alders,
and wily • Mtn while age she mu after one of them and
thr•ntennd to set her dews with • Ammer.
Araeld—How doe she get her living!
Ommislasst—lly service when she pleases, bat abets as
hod ix phoe as she aged to be et borne. She wos't keep •
aitustio• : site be hew many eroalleat ogee, bat Ilw•I•
ham. If her mishap ate& her she thiaks making al