The Express.
London, England, 1865-01-24 00:00:00

SPORTING INTRLLIGE,NO3.

TATTERSALL'*.-2401ThoT.
Is astkipatios of aims intportaot transaolito• on the
Two Thowiamd and DssW tomsbees bspa to anima early,
bet, metwlllelosliag that there was • pretty gold arester,
it was promeearred • dead and alive sort of day as far as
baton wag mosinted. The reported sale of Breadalbaas
sod Boodekw bad at lout one .Rest—that of =Map both
salmis somewhat steadliwt far the two eves* 1,400 to 200
having base taken as as. bet *boat the Weer for the
GYMS& Liddlogto• woo sot at all healthy, although
" with a roe 2 to 1 would have bees pat
down S. aria several thawed pounds. For the
Derby, however, he was vary firm, 11 to 2 being the very
Wuhan hoodoo obtalaado. Then was a swoop party
Bmadalbane at 9 to 1 ; 1,800 to 200 beingaurreutly
offered
d ; but &pilot the geoand opposition there WS4 0011
small yoke raised Is hoop of the Mateo crack to the toss
of 9 " posies," that Wog the full eztont of the support
awarded to the salt throughost the Atomics. Five hundred
to $0 was laid owes oplast Chattanooga, and at
say** over 20 to 1 Bedallostor would hove
comamsded a boat of Moods. Tweaty•two to
1 to sone mow was mospted about Broranielaw,
sad Ormolu* imam again favoured with as hiverimeak
1,000 to 00 having how booked owe. 40 "Miss" were lad
mash spigot ths Book arid Brahma, and this mar odds to
mitesk Christmas Card, Loa/down befog at
the same pets. The "Sao Friday" was dabbling at
lasi epees, hot 80to Ito 801. wee all that Waater in-
terest oral swam aa offer to take 10,000 to 180 Myles
felled to Wen lapin to Mho say farther liberties. Ano-
ther "illy* was satiombed to Osopeoe at 80 to 1, but op to
the 41044 of the bestrews 1,000 to 20 Gould have boon had la
every earner of the room. Melee priors :
TWO THOUSAND.
MO to 16 opt Mr. trorrro lAddlopon (0e)
7 to 1 Mr. FL anedn't armadillo/ (4 I)
10 to 1 Mr. Morro Lambed (od)
10 SO 1 Mr. Nasloes tlattanoop (of)
MAY.
11 to I apt Mr. .4 Liddhigtoe cato
9to 1 •-• Mr. M. it broadsheet (5 sal oif)
11 to 1 Marquis ad ■The Duke (off)
, let to 6 Mr. 241010e8 UMSIWOOOO4 (t)
10 to 1 dir JeseP Models 240nalastor (o 4)
MOO to 41 M. Miliplia's BroseMplaw (5)
IWO to to Yr. Mackenzie:row (t)
40 to 1 Mr. Kelso's Book )
Nto 1— lord IV satrap: Is SWIM (I)
40 to 1 Mr. T. Wedlow's Olutotmoo (not (1)
L 4,0 to 1 Mr. a Loodown off)
60 to 1 Mr. parsons
delday (t end elk
1 Mr. N'ajlor's Copper It and en

BITTING AT MANCHERTER.—MONDAL
WATIRIDO (CC)URBING) CUP.
ID to I aid Mr. Eland's nomination (t)
24 to I Mr. Knowissa nondnatlon (1 and o 5)
44 to 1 Mr. Jeer's Douslassive (1)
DUAL
11 to 1 awl Lkldligke (of) 1 9to 1 rpt Breadolbane (off)

EQUITY COURTB.—.4/4. 23.
(Mora the Lord Chancellor.)

110BNOW v. MOW.
This was an appeal from the Muter of the Rolls, which
mime before his Homier cc • motion for a decree in a snit
to establish the validity of a leme.
It appeased that John Hell, by hie will, devised all his
real seats to trustees, and as to a house, No. 45. Ludpte-
, hill, to ply one moiety of the rents to his son, J. E. Hell,
during his life, with remainder to his children, and to pa
the other moiety to his daughter, Eliza Hall, for life, with
remainder to her children ; and be directed that from and
after any person entitled for his under his will to any estate
for life should have attained the age of 21, then that all
or any parts of the real estate to which they should be for
the time being entitled, should and might, by consent
is writing, sad subject to any loathe which might
have been previously made by virtue of the will,
be leased, derailed, or so let by the trustees,
at reek-mat, for any term of years in possession not alined-
log twisty-the years. At the death of the testator hie
children were infante, and the trustees ruder the will
having diselaiseed, J. k and Eliza Hall, when they came of
age, greeted slew of the bouts in 1836. That lease having
been surreedered in 1848, Simi Ball being then dead, J. E.
Hall granted soother lease far twenty-oat years. J. L
Hall died is 1857. The *lett, Robs= le the only child of
Elise Hall, who had married. In 1864 the pithier were
takes by the London, Chatham, and Dover Railway Com-
pan, fat the purpose of their Ithe pasties into the
City.y The question of the validity of the lease thee
arose, and: a suit was btheght for the admioistratine
of the trusts of the teseator's wlll,and to have the said lean,
which had pasted into the heads of the deleadest Flight,
deolared vain. The point involved was whether there was
power in the hair-at-law to pant the lean eo as to be
say
rid against the pollees ia 'malodor. The Master of the
Rolls held that it was valid, sod the present appeal was
brought.
Mr. Southgate and Mr. Bagthewe were for the appal ;
Mr. Selwyn, Mr. Hemming, and Mr. Wthdruffe is the
other side.
Judgment was reserved.

Btaoserrea Axel Woomon Races AND drums.
cue% —la tansogeseeo of the %nue hoot, this omens,
is postponed% Thenday owl Friday sext, Jas. 26 sad 27.

(Were the Muter of the Rolle.)
SWIFT r. ?MR.

This case was argued some days aims, when Judgment
was reserved. The hole of it were of • very painful cha-
racter. The parties, husband and wife, separated by mu-
tual consent, sod in June, 1863, a deed was executed be.
twee' Mr. Swift, Mn.b thrift, and • trustee, whereby, amo
other thing, the husband comeanted that the children of
himself sad wife, one of whom, • girl, wee sight yews of
age, and the other • toy of five, should be under the sole
an sad management of his wife. Since the execution of
this deed the hothead has tiled • petition in the Divorce
Omit, praying for • judicial ssparatMa from hie wife on the
potted of cruelty in charging him with the conduct man-
hood below, and for the custody of his two °hadn't. The
alleged pound of separation a the part of the
wife was misconduct of the grommet pomible description
to his daughter oe the pert of the husband, and the making
of this @barge is the alleged cruelty referred to in the
',Dhoti for divorce, which, though the wife has filed her
answer, has not been proceeded with. The wife now by her
next lased filed against her husband this bill, praying an
injunction to restraio him from prosecuting my preceding@
to obtain the chair's, and from iaterfering with the plain-
tiff in the can sod protection of them.
His Honour to-day gave judgment. observing that this
was • suit to inform the specific perform:thee el • deed of
separatiou between husband mid wife. There we a suf-
ficient consideration, sad it wee executed by the trustee
under a power of attorney. it wee ocatented on the ground
that the covenant entered into by the husband bound him
not to see acid interfere with the management
of his children, and it was mid that such •
covenant was in Basil void, and vitiated the
whole deed. There was so doubt en to the rule of law.
A covenant by • father that be will sheath from mein and
exercising any control over his children was bad, bemuse it
was against the policy of the law, which bolds it to be de-
al/this that the father should *milks superinteodethe over
his Widgets, sod that he mama therefore °optima away
his Inherent right mad the defy imposed on him by nature.
But though this (said his Ham ar) is the general, it might
be said almost the universal rule, both as Tepid' law and
morals, yet there occasionally arise cases in which the con-
trol of the father would be injurious to the child, tied then
equity would Interpose to prevent such control, sad wield
sometimes remove the child, not is doing so se acting °Po-
ttery to the policy of the law, but as holding that the pm-
t.,,ar ore formed en exegete:a to the general rule, and
was the where the gamest principle did not apply. The
policy ci the law was rested us what promoted the benefit
of the child, sod is this ors that policy wild be beet
consulted by taking the child from the father and
placing her under the care of the mother.
deed, the advantage sod beeefit ci the child am the
foundation of both the role sad the exception.
Such • covenant as this wee generally speaking bad, lase-
moch as both by nature sod the valley of the law the raper-
istetheses of the father was required ; but if a came arose
in which this was manifestly the reveres, mad when it was
plain that it would be deetrootive to the life mid morals ci
the child that such superintendence should exist, the law
invalidating such a covenant in all other cue would emo-
tion it in this. The murk hided, required a strong one. to
act upon this principle, and the question was whether that
case existed here. His Honour this very minutely
commented upon the evidence, that for the plain-
tiff being directed to prove the MOO miscon-
duct imputed to the defendant towards his child,
mid that for the defendant, which was composed
mainly of the statements of labourers, setting up a cam of
great immorality on the pert of the platutiff, and said be
was of opinion that the cam for the pliintiff was proved,
sad further he expremed his approval of the cireumetathe
that the child hem& bad not been allowed to make an affi-
davit is the neater. His Honour went on to say if is this
mute of thing any court could be found which would
deliver op thin unfortattate child to the care of this defen-
dant he was happy to say it would not be by him, and that
the future calamities which might result from the child
being delivered to the father would sot rest ca his reersin-
abilit. His Bomar concluded his judgment, of wkia
this In merely as radium, by granting the Wenches nod
calories the defendant to pay the costs of the suit.
Mr. Bemalley, Q. 0.. Mr. Mortis, and Mr. Broatehath
were in the tie.

COURT OF QUEZNI3 BENCH.—JAN. 24.
Bitting Banco.—(Before Lerd Met Justice Cockburn,
and Justices Crompton, Neekborn,and Mellor.)
Di PI IRUNAN, AS ATTORICIT.

Is this case a rule had been obtained sailing upon Mr.
Fromm* to show cease why he should sot be struck off the
rolh of this court, oe the pound that be had misappro-
priated the sum of MI.
Mr. Cole moved to make the rale absolute.
Mr. Collies showed muss against the rule, and read
lengthened extracts from various affidavits in contradiction
of the statemeete contained in the affidavits upon which
the rule was granted.
The eourt considered the matter somewhat complicated.
as it was a serious thing to strike as attorney off the
Trolls, the pots in dispute had bettor be referred to the
Master.
Referred accordingly.

THE HOWIE V. iTIRETT.
The defeedant (the plaiatiff le error) w tried in July
bat and inevieted at the Outwit Cringed Court for aa
indecent assault, and it was arranged at the trial that the
defendant should dealer to the third count in the iodiet-
meet, in order to obtain the decision of the Court of Error
as to its validity. A question however arose whether the
18th ud 17th Viet. applied to the ease, so that thh wart
could easuaine the record or give pulgsoimat for wash of

joinder.
Mr. Taylor moved that jodgrowst might be seitnrod for
the clehiadanr, as the pound of son-joioder is error.
Mr. Malcolm (muter of the Crown-ollor) pointed out to
the court that sentence bad sot bees pared by the Central
Criminal amt.
The Lord Chief Judas said that Wog so, the record was
iooomplete, and the court could sot entertain the applioa-
tioo, but they ultimately granted the learned counsel a rase
for a writ of rwooedendo.

THE ion= P. Howastri.
Mr. Orridge moved for a rule ma behalf of the defendant
(who is the plaintiff in error) for entering up jedgineut on
the grimed that there had been no joinder in error. Notice
of the intended application had bean raven to the odisitar
for the proseautioo, sad also to the Attorray•Gewirel. The
defendant wee tried and convicted et the Central Criminal
Court on the prosecution of Minnie Wilson, and sentenced
to two yearn' imprieonment with bard labour. Hs was in-
dicted under the 24th and WM Vie., e. 100, with having
by false representation* and fraudulent mean' procured a
Burl under 21 yaws of age to have illicit intercourse with
him, with laving *administered a drug to her, and with a
common assault. He was found guilty of the first charge,
and acquitted on the other. Error was brought an tbe
ground that there was no false pretreat, ha, as set forth
in the iedicancat.
The Lord Chief Justice said it could only be a rule nisi.
or dm it would open the door to all kiwis al °oilmen pro-
ceedings sad fraud ; prosecutors might be tame unawares
by parties joining error and getting a hasty decision bees, and
without the pewit being properly ventilated defeat justice.
The rule ought to be served upon the °Moor of the court,
and also on the rail and nominal prosecutor.
Mr. Orridge said it would be difficult to servo it on the
real prosecutor. She wee a prostitute in the Hayrnerinst,
and passed under an assumed same. It would therefore be
exceedingly diMoult to fad her.
The Loa oltief Jostles said the real prosecutor or prose.
matrix ought to be served in such acme. If, however, the
court was satisfied every attempt bad been made to do so,
but without effect, they might allow service on the officer
to be sufficient.
Mr. Justice Crompton thought the attorney for the pro-
motive ought to be served.
Rule granted.
BOIENEES Of TEI 00EBT.
- • -

The Lord OhisiJimetioe i;sc;:oid ihet the marl would
sit in bison= the for feet daps atter tern, and take over
trees tbe wows sod medal paperer The nowt ties proceeded with the tam la the Row kW
Ism bat ilff inn et a• pittie lateral.

ir Etar) VTINING. 'l3 Alitilaff 24, 1565.
LAJv nrrimmtnlircE. COURT ON KILORZQI7E/L—JAN. 23.
Sittiap in Bump. —(Before Lord Chief Baran Mod%
sad Barons Nerds, Cinema and Pigott.
LL TOUCHE AND omens e. La, ?ODOM
This case came before the ooart spas • demurrer te •
plea, and raised • gumption as to the liability of • widow cm
• note 'island by her for the debt of bar doeserad kasimad.
Mrs. Ls Touche' the defendant, a lady of faint" with
property settled upon her for her own sepaste as., married
George La Touche, who subsequently became Wielded bathe
plaintiffs' bank, at Dublin, in a considerable rum. Mar
husband bad so propertrof his own, and is 1848 she jeheed
him in • note for 1,000 t., which was gives to the bask as
co/lateral security for the money they bad advanced. Mr.
La Touche afterwards died, and allowiog for a policy 41 is-
omeric* and a legacy which he bed assigned to the teak hi
owed them a large balance. On the 28th of .InowA.
1858, Mrs. La Touche signed a mote in this form t.—
" I promise to pay to the Bank 9171. lls. for value, is
account of my late husband, George La Tease% Map r bet
there was so troth 000siderstiol. This was the note seed
upon, and the principal question was whether ft was @com-
petent for the defendant to deny that lbws was cord-
&ration, especially as consideration was stated as the face
of tbe Dote. heather question was, wbetheir, when she
signed the 1,0001. note in 1848 during the Woof her hasbend,
she bound bar separate estate to that amount. A ferthrr
question was, whether that 1,0001. note was • continuing
security or a 'scanty oily for the sum actually due at the
time it was giros.
Mr. Soria. Q. 0., was board is behalf of the ;
arid Mr. Charles Pollock for the defendant.
The court took time to consider their jedgmeat.

COURT OF BANKRUPTCY.--JAir. 24.
(lidos* Mr. Basis/Oar Yaw.)
IN El NATHAN AND NATHAN.
The heakrsots, Jobs Nathea sod Loos, Jolts Nathan.
were clothiers, of Bonsdaditoh. This woe sin Atilt for
proof of debts amid choke al essisseen The lishilitios of
extraordinary moist for the basilicas is white the look-
rapt' wore enpged—sot hal than 62,000/. ; the amount of
soots is sot yet sessetaised. As sdiconissest of the sit.
bias was takes, with a view to a composition of 6.. is the
peasd bias Wool to the enditocs.