The Express.
London, England, 1847-11-18 00:00:00

WATTS 9. HYDI.—PRACTICIL—ASIENDMtm -
AFTER HEARING IRREOCLAR.—Tbit was an appeal from
an order of Viee-Chaneellor Knight Bruce. The ease was

OP BILL

this: Mr. Watts, a literary gentleman, having in 1841
fallen into embarrassment, istant' into a compromise with
- which

deed, by
*anted with trustees to pay them 1,5001, in three years
that is, 6001. in each of the three years, to be divided
among the trustees and the other creditors, among whom
was Mr. Hyde, the defendant, who had been for several
years the solicitor and friend of the plaintiff. The plaintiff
also covenanted to effect forthwith an insurance for
1,5001. on Isis lifo ; but he omitted to do so until he had paid
the first 6001., and then he insured for 1,000/. only. Dl,-
pates arose between the plaintiff and defendant in ItH3, and
the latter brought an action in the Court of Exchequer
against the plaintiff for the whole of the debt due to him
without regard to the composition deed,. by which he in-
dated he was not bound, though he signed it, as plaintiffheal
not duly performed his covenant to insure. After certais
age in the Court of Exchequer Watts filed his bill
ChanceryC"e for an injunction to stay the further proceed.
dap in the action at law, and for a declaration that the cesr
position deed was binding on the defendant, as the plaintiff
had then fully paid the 1,5001., and substantially per.
formed all his covenants. The defendant by his as.
swer insisted that the deed was a nullity as trainee
him, not only on the ground that the plaintiff had not duly
performed his covenants, but also on this ground, that the
plaintiff moaned and agreed with the defendant that his
(the defendant's) debt should be paid in fell, and that it was
only at the request of the trustees that he put his name to
the deed. The cause had masse to a hearing in the regular
way, and the Vice-Chancellor, seeing that the answer made
a new cam, in respect to madam not at all alleged ta the
bill, directed the plaintiff to amend the bill to rake the
paints suggested by the answer.—The Lord Chancellor, la
his judgment, stated the feats to the effect above
Wad and said the question be had to consider was, whether
the seder for leave to amend the bill in the stage in which
the swit stood before the IfiorChanciellor, was consistent
_ .

aTitliThopia;atice of the court, without
=the equities alleged by the bill in favour of the
who did not in his original bill rest his claim
to thaw eoliths upon any secret promise or agreement
between Mkt and
_the defendant. The order of the

ifisio-Chaassilor laid the foundation for a new cue.
The evils eta practice which permitted • party to make a
new ems were so obvious, that his lordship had lately on
rsseral eardsse expressed his opinion against any Ma:s-
ties of the.. rules, so that he would not now repeal them.
Throcurn we Hamad for the purpose of regulating the
=Placidental to the muse, so as to bring it tea fair
a oath a manner as to guard .last evils which a
etatamy warm of proesediag had bees food calculated to
These Mbas wadi be dalbard mid rendered
sew If a am awe was Awed to be Mode after the
camas mare to a larbag. desk a India 101 l eat, as it
wwei a pramies
pradiWlsr If he iracceedded in
makag a ttb.efare GM
se suggeste to him,
the and ant
mad grant kirl writable relict It was tree that
i6dull( wader such skunestenmr, was precluded hem
Ye desk evidence ; but, if he bad MAT. pooped*
(Mimeo that would sopped the peruse. the diaisfult
had no mierity ofwaswalng It ; while, at the seam time.
the pledhad the bessit of the knowledge of the evidence
brought dowsed by the defendant. This view of the maw
amen of oath a prearadiag did not arise from his own
odder ; it was a cowries el mortice in a case where the
cost artaisly had a aseradon, but in which the prat.
t ise hod beer long aliblided, and he made there oterinto
time ro draw Ift be declined to admit any relmodon of
that wadies H. wail well aware that in former aim
them lord been groat laxity on the subject ; but in isms
wham the aunt had a discretion, he was bound to adept
that soma which he ecieddered to be best calculated to pro-
mete the Impartial administration of justice to both parties.
He therein" looked into the cue of " Palk o. Lord Clinton"
Slo2w:fleley, p. 62). and found the practice to precisely laid
by Sir W. Grant, that he had no occasion to
go beyond it. In that case Sir W. Grant rid:
To the extent of allowing you to alter the prayer
I hem so objection; but I can end no authority for
aseemasi the jiLlyenerally. " not view of the
w
1111112sePa"e(1 , ISof4) H'
skip thereast2E4VlS order of the Vice.eharroelolor..
—Hr. Bum NNW ft lordship inbisdled the came to be
new bard NI egad P—Tho Lard Chosedler said he, had
masa lamidto the gourd= of amssfrent. An order
tallithatgo floe mkt for smimforst did sot so a ratter of
mums berg the us beam Mo. The muse mod be heard
in the mutt below, ea it stool bolbro rim simesibsait.
SicbriddphavingOmAdam*be tberapps
ap
is wbidt *me was *cc mkt wird rportfog. ed tri
hear pod heard lipped up titemes o'clock.; It was not
this bedded.

Deft, tb Nectar at timi
KUTIIII 31•140111 DI ClOl/NAZI
_ .

71tioirre or

Araan;.=Onilta7m7l; whim M tit Marquis deereeseire
with, Miss Lye' la UNA s midmost was made al tie lily's
heemaroxesidz of sleek to the polite feeds sad real
ridirThe was essiges& el when the
WM Oily sad the meal Mote we else meseged to
temeses, epee trust MU, sad the Irish sif the Meek
mane dim rod tete to pay OM moiety of the ismer to the
hh, and die ether moiety to the marquhe, for
= *5
far here use, and the whole to the survivor
Ate 1106; red, eaeject thereto, the capital was given to the
ebrildesm el dm marriage, with a power of selection to the
peonste or dm servienr. had it was agreed by all
nth; sad itt prikaisr the marquis covenanted,
the in case may , personal, or mixed,
alredd at any time the marriage be given,
dittatsk or bequeathed, or is say manner howsoever
test le the marquise, or the impala in her right or in his
errs right at her husband, he would, in so far as he lewhilly
=t or could either aka*, se te eateurrence with the mar-
do all such seta whetemreer as should be neesesszy or
=for settling the pretest, he all the mate mid in-
of the marquise urea the bur dedered of tha
tnr"liklautitrik:Lree Are .
anesodzsrani tree iii=nl,lhtsli
ham Ima=4ll7l...theriteth of he, ahem and web
thee In,
whether—bele ars« Litre seeeprieed to
the mom* to mettle the fature acquired preperty of the
wile. ft:
Omlaw el England the amen* who
is an . oannot take any bsewlial how* in
the , oar an the shildeser beau in Vannes
whims tioat,;end by destssdsaistildif hes swain
rights in Vrance. It was, awoken be.
half thapeeperty at this deseription not heieea *IT
been
width tpf mwnmg of the yerties, as Ns mecum could ex-
ache eggentrol over it, or de Fey set to Mtig it within the
settlement ; and farther, that if it wee within tie oreemant
the court would not give 111111110- it, as the
would beta give intereito to who amid elersiZistle:
th.L.4102 tit mows. On Om otbee hand, it tem mak-
' the &Miran Mme Ihiphrml lhot the peeperty
we—Wigs the covenant, width mkt to be entereed. The
prat had a pewee et selesthm, Mai/ might sprint ties pro-

petty to his English born Children; and it was also sub-
mitted that the court might give a power tonal the property,
so es to exclude the right of tha erowo, which could only
attach to land, and not to money arising from the sale of land.
—The Master of the Rolls reserved his judgment on all the

Before the Vice-CensorDoe of &shad.
CHRIST'S HOSPITAL V. ONAINOBIL—CII•RITABLE HS-
guest MI THE TOWN OF RZADINO.—This suit has been
instituted by the governors of Christ's Hospital, against the
Mayor of Reading, and against the trustees of certain pro-
perty left by the will of a testator named John Kendricke,
in 1624, for the benefit of charities in the town of Reading,
for the purpose of obtaining from the court a declaration
that the original trusts of the bill have failed, and that the
plaintiffs are entitled to the charitable bequest under a re-
siduary clan/ie.—Mr. Stuart appeared on behalf of the plain-
tiffs, but had not concluded the openiog of the case at the
rising of the court.

Wore Vlee-thsancethe Knight erase.
Ex PARTE GOODALL. RI GOODALL.WHETHER 1 & 2
VICT., C. 110, S. 8, IS VEPEALED FIT 6 & 6 Vim, c. 122, B. IL
—ln this case a fiat bad been sued out, grounded upon the
I & 2 Viet., a. 110, s. 8, making a failure to pay or
secure a debt under certain circumstances, and after certain
specified proceedings, an act of bankruptcy. Mr. Commis-
sioner Ayrton declined finding an act of bankruptcy to have
been committed, on the ground that the above section was,
in effect, repealed by the later act of the 5 & 6 Viet., c. 122,
which provides • mode of proceeding different from that
prescribed by the former act The 2nd section of the latter
act provides that all laws, statutes, and usages, are thereby
repealed, so far as they are Inconsistent or at variance with
the provisions of that act. The fiat was, on the application
of the creditor, transferred to Mr. Commissioner West, who
took • different view of the act, and found that an act of
bankruptcy had been committed. The present petition was
in substance an appeal from this decision, and prayed that
the flat might be annulled for want of an act of bankruptcy.
It also impeached the validity of the petitioning creditor's
debt. Mr. Russell and Mr. Glasse, in support of the peti-
tion, argued that it could never have been intended
to keep in force two different modes of procedure
fur the same purpose--Mr. Swanton and Mr. W. M. James
appeared for the respondent; but the Vice-Chancellor, with-
out hearing them, said he could not annul the fiat on this
ground without the decision of a court of law, for obtaining
which he would give every facility. Two different modes
of procedure were not necessarily at variance or inconsistent
with one another. He was ready to hear the case argued
upon the other objection to the validity of the fiat. The
argument then proceeded, and turned upon facts respecting
the execution of a composition deed. At the end of the
arguments for the petitioner, the Vice-Chancellor deferred
the further hearing till he should have read the affidavits.
NERENISA3I O. PEMPRILTON.—JOINTURE TERSE HELD
SUFFICIENT TO RENDEK TRH INHERITANCE AN WWI-
TABU] ESTATE, SO AS TO ENTITLE A WIPE TO A SITTER-
MENT.--In this case, which has been frequently before the
public, it will be remembered that the plaintiff was an infant
entitled to nal estate, who had been decoyed by her present
husband into a Gretna-green marriage. The husband had
been convicted and imprisoned for the offence, end the pre-
sent biU was filed for an inquiry into the validity of the mar-
riage, and for a receiver of the rents and profits of the estate.
The husband had committed a contempt of court in not
appearing. He had, however, since appeared and put in
his answer, The cau'e now came on to be heard
upon the master's report, which proved the marriage to
have taken place. At the time of the marriage the parties
were of the respective ages of 16 and 45. The estate was
limited, subject to a power of )(donning and of creating a
term for that purpose, to various uses, under which the
plaintiff was entitled to a legal estate as tenant in tail in
possession. Under the power a jointure term of 200 years
had been limited, with the usual proviso for cener, and the
jointress was still livine.—Mr. Swanston and Mr. H. Pren-
dergast, for the plaintiff, contended that, by reason of the
jointure term, the wife's estate was equitable, end that she
RSA entitled to • settlement, according to the doctrine lately
established by the present Lord Chancellor in " Sturgis v.
Champneys" (5 Mylne & Craig, 102), and followed by Vice-
Chancellor Wigraza in " Hanson o. Keating" (4 Hart, 1).—
Mr. Russell and Mr. Matins, for the husband, said that the
doctrine laid down in those cases was new, and ought
not to be extended, and that the estates there were
really equitable, whereas in this can the wife had a
legal estate giving the husband • legal title as tenant by
the curtesy. of which a court of equity had no jurisdiction
to deprive him. The trustees of the term were not bound
Ito act as trustees for the wife, her title being, not as tette que
trust, hot as owner of the legal estate.—Mr. Cole appeared
for the trustees.—The Vice-Chancellor said the law, as laid
down by the Lord Chancellor in " Sturgis e. Champneys,"
had so much of moral justice end of convenience in it that
it would be a mattes of general regret if it were decided by
the House of Lords not to be well founded. However that
might be, finding the decision before him, his Honour would
gladly follow it. Considering that in this case the wife had,
during the subsistence of the jointure term, no title to the
possession or receipt of the rents which, if resisted, she
could enforce without the aid of • court of equity, his
Honour thought the principle laid down is " Sturgis v.
Champneys" applied, and should refer it to the master to
maks a settlement upon the wife.

Before Vlonehanoollor
CURLING O. FLIOXT.--BPICIFIC PIRJOIXANCI.—EVI-
DT.NCR OF TITLR TO MIXING 811•11211.—Thio ease amnion
upon exceptions to the master's oirt allowing the vendor's
title in a suit for the specific performance of a contract for
sale of certain shares of copper, lead, and tin mines in Corn-
wall end Wales. The mines, it appeared, were managed
upon the cost-book principle, and the only erection was
whether the vendor was bound to give any other evidence of
his title than the extracts from the out books of the mines ;
lor whether the purchaser was bound to att such extracts
se conclusive evidence of such title.—Mr. Mutiny, Q.C.,
and Mr. Rogers aed for the exceptions; and Mr. Wood,
Q.C., and Mr. Tilloteon for the report.—The argument was
not concluded at the rising of the court.
COURT OF QUEEN'S BENCH.
Tice Qualm v. CRADWICR.—IS TX. MARILI•OZ OP •
Wipowaa ernes THE BIBTXR OP rata /MUSED Wit: •
VALID MAILRIAGZ IN Law.—Tho dellindant had been in-
dicted at the Liverpool Airier for having married Eliza
Foster W wife, Anne Fiber, bang alive. His defence
was, amt he had been ainerked to sue Hamm& Fisher, who
we the eiter of haw Fat ar. awl that Ow the doers of
Rama Illsbee he led umerisi Anne lire; that he had
bees kihnesd Id the dewed el his pad that his am-
Ake with Asemilialer, whisk bed tsima_plese in the year
1843, was ahead* void b,y the sterns Send 6 Will. IV.,
cap. 54 • that thereupon he id seemed to echabit with
the said Anne Mar, end in the month of Marl,
1846, had emoted Elia Foster. The facts cos-
di &hose wen lewd; the jury returned a
vass,cedist .setting
iketh these bans di Mr. Justice
wk on dowse to the charge,
&WM eerjet/ net he be entered upon the record.
Thesseddawiltedske wea tor
the wpm, mid that the garden was whether the marriage
at de dandeet with Anise Flaw was walk the second
media oldie id alt tub IV., A 64, width motets " that
ellegs=wwrollin dell," after thiess4beif tad elet " be
s within the of
simaindelidly ye =shall be and &rids to
di Weak ead wheilmover." garden was,
did the "ierwea dowse of esassegaiaity sr Okay"
were. The mmakg of those words might be a good' a
difficulty if the law had not interpreted them ; but It WI !r
termeted time* the 32nd Hen.VIII., a 38, the sewed see.
ties d whisk meatited, that beet the let of July, 1640,
"elf di way Indi enrages, as within this
aped of Seglani shell be asideeeted between law-
ful pennon (as by this id we declare all MVO= to
be lowed Odle ad prohibited by God's law to Olen"—
shall=jlilgoi, and takes to be lawful, good, jest,
end
" and that me Iliervailnasead:Ditron, God's law extort:
shall tremble er impend wie inierkge without the Levitical
degrees." The 'mat with interpret the Aram " be not
psoldbited by God's law te deny," as ertheleat to " within
the Levitical ammo;" ime.Aisrwre, tie earlier and later
injunction la the MOO Illisimuldkiskle, as the !milk
-
tare intended that they sheen be, idea4lerL In order to
detetiebe what were paddhiled depose assediag to the
Linked kw, it was liesenedethe Inkiness; mad,
at Wedge of the wad be be ssmied the east that
say reeMinset on nerrisge, eagiperldhlskii:otalse of
mod* end dine. expremly eddied ilivims ems-
dend, Was act orsermy to the of this
emilitys but to de kw of dime, whisk conferred
ea a men their to gredfy. by marriage, with.
la the limits mentioned, an basset adieu
for tbe woman his ides. New, the prohibitions in the
Levitied law were =dem led particular; they were given
as liaisons ow* the Offinte of Henry Inn. might be
Made libabsde tin prohibitions' of the canon law, which
led been made AIM limeddly, often for the lake ;.feiM
end eddied to moos stmliar sad equal. If them
dna wale asks masse wbs but the actual law, and the
'debar tom, Cheat e m nbega of a widower with the
lidera lie deemed will was valid, and there ought to
haw bed a condellem He submitted that those prohibi-
tions ran not eseireiy, bat the whole body of the
divine en the whit* • to be interpreted literally,
as fee years biked 5114011 E they bad been inks-
sed as swag mien Jews they still were inter-
ne leaded esnessi then at great Worth commented
ends lad indite doped of Leviticus ; Impeached the
daddy et the law le lid the laity or. regulate lay
meninges ; reviewed all the owe assigning the authority of
sheet opposed to the views
_supported by him ; and
sand upon the inert to give • iodise which would uphold
the validity of more the. 1,100 aserriages, and affirm the
*pray of 5,000 persons, tie hew of them.—Mr.Aspland,
he the defindent, media that tin, wart would feel itself
basal to treat all the Ids relating be that trabfastk part of
the same em ama. and te be hsterprsted eseeideatly re one
another. The ad of parikment whisk regulateddons for bigairy, the ltd Cim. IT., C. 31, a. 92, dose
that not= therein skean extend to any pence who at the
time of seed imerkge shell have been decked from
Ild bond ef the Mkt memis or to sag pored whom former
shall haw bed declared did by the sentence of
eet af. asempelese Jualudisties. ." The ems
heiesitical
Weillwe tem& lo pomade he sawadhag soh,
aadadoodaal law, white bull soh a uundege es this lo be
kid. It would ad be easslaided that within the sth anal
fir Wm. IV. atterisges VOW lawful, the dissolution cif
which by on assimisailleal kart would be an weer to an
imlidaseat ender the 9th Cleo. IV. That, at lied, could,
not be emetteded, when the court was dealing with
each a reed' se the_ present one. It was true
that the Adak law 414 show whet the prohibited
wee% Trat It wee by the 28th He, VIII., c. 7, which i
seta hipampedelor bid been revived by the revival
,thin 28th e. It The Sled H. VIIL,
herrever, we repeakt, en we embed only to the sishieet,
1 matter dile title, which wee, " for to stand, not-
, griddled*. precontrads." The peehtEitisue expend k

the scripture were instances only, and not the complete for-
mule of the law; the proof wee, that many cases, dearly not
permitted by the low of God or the principles of morality,
wire not mentioned in them. As to the ninon law,
he would claim the benefit of the admirable anu.
meat of Mr. Bsdeley in • similar use, heard at the
sittings after last term, and not yet decided. The
learned counsel then went through the reported CASES,
arguing that they were in his favour, and quoted some
elementary text books on the law of Scotland, to show that
such a marriagessthatunderconsideration wasoondeutncil by
'Watts of Scotland, often carried out in practice, as contrary
"to the eternal word of God." Their lordships would not, be
submitted, disregard the generally received notion of what
the law was, which had been so often and for such a length
of time acted on, especially in eoeledastical merle, but feel
themselves hound, u courts of error had before felt them-
selves bound, to respect along current of authorities ; neither,
he thought, could a decision be right which, if adopted by
the House of Lords, might bring that tribunal into the diffi-
culty of having on the same day to declare that an English
marriage was not " prohibited by God's law," and that a
Scotch marriage between persons standing in the like degree
of affinity to one another was " contrary to the eternal word
of God." . . . .

ihe oourt adjourned at the conclusion of the learned gen-
tleman's addresa Sir F. Kelly will be heard in reply on
Saturday.

Ex RRRRR THE Rev. JAMES PRINCE LEE IN THE
MATTER or Gurrantoox.—EßßATUM.—ln our report of
the Attorney-General's application for a criminal informa-
tion, it was stated that the libel complained of was pub-
lished in the John Bull. It should have been "sent to"
that paper in common with all the other journals, not one
of which published Mr. Gutteridge'a communication. The
John Bull—we are informed by its publisher—inserted the
following notion to correspondents :
Mr. non= Gutteridge, of Birmingham. surely does not suppose
that we would give currency to hia extraordinary charges aguismt the
Lev. Jame+ Prince Lee, the new Bishop of Manchester.
This notice led to an application for the document by the
solicitors for Dr. Lee, and it was accordingly placed in their
hands, and is included in one of the affidavits upon which
the proceedings are founded.