The Express.
London, England, 1846-12-23 00:00:00

Before the Nastier of the Rolls.

GA.IIDLER V. GARDLER —NEW TRlAL—After the con-
sent petitions were disposed of, Mr. Kindersley was heard in
reply in the above case, in support of the motion for a new
trial. There was a counter-motion by the plaintiff for a
receiver and injunction. No order was made on the motion
for a new trial, which it was understood was to stand over.
And it was arranged that the defendant should be restrained
from disposing of aay of the farming produce in his posses-
sion, and he was to be at liberty to apply to remove the in-
junction.

Before the

of Eneand.

ELLIS C. COWNE.— INJUNCTION TO RESTRAIN PRO-
CEEDINGS UNDER A WARRANT OP ATTORNEY, RILXISO
BY THE PLAINTIFF uros AN EXPECTATION OP MATRI•
MONT. - Mr. Bethell and Mr. Goodeve moved for
a special injunction in this case, and stated that
the plaintiff was a widow residing in Salisbury-street,
and that one of the defendants, Samuel Cowne, way a
surgeon, and in addition to that profession, carried on the
business of pawnbroker in Salisbury-street, nearly facing
the residence of the piaintilf. That an intimacy had arisen
between the plaintiff and the defendant's son Henry COWIIC,
and that the latter had made matrimonial advances to her;
that the plaintiff was of en easy and confiding disposition,
liable to be imposed upon, and she had upon various occa-
sions advanced to Henry• Cowne considerable sums of money;
andat last, for the purpose of enabling him to set up in some
busing's., and make his own living, she had advanced a sum
1 of 1,5001. for the purchase of the pawnbroker's business
from his father, upon a statement that the business was of
much higher value; that she had been induced to sign a
warrant of attorney for the amount, which was to be paid
by instalment•; that after this transaction the conduct of
Henry Cowne had been much altered towards her, and his
affection had considerably cooled ; that in fact he had given
up all intentions of marrying her ; that the plaintiff had
paid three instalments under the warrant of attorney,
hut she had since become aware that the pawn-
broker's business was very much overvalued, and she
could not get any money repaid her by the defendant, Henry
Cowne, but that she had ascertained the defendants were
removing from the shop much of the property contained
therein. An injunction was asked to restrain the defendants
from taking any proceedings under the warrant of attorney,
and to restrain them from selling, on parting with the posses-
sion of the business or the stock in trade and effects from the
said pawnbrolur'eshop.—Hia Honour granted the injunction.

Knight Bruce.

PEABSP V. i;EAII4II.—COXVIDINTIAL COMMTPIICATIOVF.
—ln this case the principal question related to the liability
to compulsory disclosure of confidential communications mado
to a solicitor professionally, or to a counsel professionally,
where the communicat ion s related to rights of property mert ly,
were made by an individual not under any fiduciary obligation,
nor having a community of right or interest with any other
person—were made only on behalf of the consulting person
singly, and were not made during a suit, during a dispute,
or after the threat of a suit; the disclosure being souAlit,
adversely, not from the solicitor or counsel, but from tho con-
sulting person himself.—His Honour delivered an elaborate
'judgment, citing various authorities, and ultimatelydecidiug
that the person against whom such disclosure was sought
was protected by the court from making any such disclosure.
IN TOE MATTER OF NOILTII.—JURISIOCTION OF COCK?
IN ILEOAILD OF INFANTS.—RELIOIOUS EDUCATION.— In
this case, the facts of which were briefly adverted to in this
paper of Monday, it appeared that Mrs. Dudley North, the
widow of Lieut. Dudley North, had been for some time
Heine, at Hastings, in a house which had been provided for
her by Mrs. Wilson, the mother of bent North. Mrs.
Wilson and her daughter, Misa Arabella North, also lived at
Hastings. Lieut. North had left four children, the eldest
of whom was only ten years of age. The eldest, both in her
father's lifetime and since, lived with Mrs. Wilson, and was
educated by her and Miss North. The three other children
lived with their mother, but were instructed in the Bible and
the church catechism as well as in other things by Miss North.
Lieut. North hail married in New South Wales. It did not
appear that his wife or children had any fortune, and it was
in evidence that Lieut. North died barely solvent. He died
intestate, in 1845 ; a few months after his death, his widow
became a Roman Catholic, and upon learning this fret, Miss
North clandestinely removed the children from Halting- ;
three being sent to her brother's in Norfolk, and the eldest
to Dr. Rigby's, in Spring Gardens. On Thursday last, Mr.
Anstey moved for a writ of habeas co: pus, to bring up the
children. His Honour ordered the return to that writ to
be enlarged until yesterday, and the case steed over for
hearing, until to-day. In the mean time, the infants
presented a petition, by their next friend, for a re-
ference to the master, to appoint proper persons
as their guardians. The questions upon the motion
for a habeas corpus, and the petition, came oit toge-
ther. With a view to show that in educating the children, the
father's religion was not to he regarded by the court, Mrs.
North, in her affidavits, stated that be was a man of " latitu-
dinarian tenets," that for two months shortly before his
death be attended with his wife and some of their children at
a Roman Catholic Chapel at Plymouth, and that at the time
of his death he declined to see the rector of the parish, who
offered to attend him. She considered that he died a cate-
chumen, that is, that he was about to enter the Church
of Rome, but had not yet been received as a
Roman Catholic, It appeared from the same affidavit, that
having for a time left his wife and younger children
at Plymouth, he, upon his return, finding that his
wife (the deponent) had attended at the chapel, he himself
offered to do so, when deponent at first advised him not;
that he afterwards, however, persisted in so doing. Deponent
stated with regard to herself, that she had been an irregular
attendant at the Church of England, and had, on conscien-
tious grounds, never taken the sacrament in that church.—
Mr. Anstey appeared for Mrs. North, and argued the case at
great length.—Mr. Lovat appeared for Mrs. Wilson and
Miss North.
His Honour.—The petition, has been presented to the
court on behalf of four infant children (who are in this
country) of a deceased English gentleman. The children
are all under the age of eleven, if not all under the
age of ten. There is no testamentary guardian, and no real
estate ; and a reference to the Master to appoint a guardian
would be purely matter of course, unless, as it has been
said, the fact of the children having a mother living, and
the children being of the age of nurture, furnishes a reaw.n
against sending a reference to the Master to appoint a guar-
dian or guardians. I have never heard that suggested as
a reason, and I am not aware of the existence of
any authority to that effect. If the reference would be
right upon the supposition that the children had no mother,
it would be equally right considering that the children have
a mother. It is quite a different question whether the
mother shall or shall not be appointed guardian ; it is iliac
a different question how the children shall he educated. The
only, or at least the principal question now is, whether there
'hall be the usual reference to the Master to appoint a guar-
dian or guardians ; and I think the usual reference must go,
is. the usual farms of the court and with the Irma] direc-
tions. The usual expression is, I think, " guardian or guar-
dians." Then comes the question which belongs equally to
the petition, and to the motion for a habeas corpus, namely,
the question as to the custody of the children. Now the
children, at least the two youngest of them, were under the
care and in charge of their mother, a lady whose respecta-
bility is not in question, and who, no doubt, treated them
with invariable kindness and attention. The eldest appears
to have been more in the care of her father's mother than in
the care of her own. But that ought not, I think, to affect
the question prejudicially to the mother's contention. Upon
the question, what is to be the custody of the children in the
meantime, I cannot Inatsay that I think, that even fur so short
a period, the care of the children's religions education is
nut to be entirely disregarded. Impres-ions, even at that
early period of life, may be made, perhaps, even upon the
youngest, certainly upon the eldest and the second, which
may be irremoveable. It may be a question whether it will
be the duty of the guardians to educate the children in a
particular manner ; and if so, nothing shall occur in the
rieantime which may obstruct or impede the performance of
that duty. The father was the younger son of a Protestant
f inaily, who appears to have passed the greatest part of his
lire a Protestant. 1 Eay the " greaten Dst part," breause he
pcars for a few months, while ievoulhire, to have at-