The Express.
London, England, 1865-12-04 00:00:00

THE AXPRESS, MONDAY EVEIMAG, DECEMBER 4, 1865-

' LATiBT INTKLLIGENOS

____—__
as we have already stated, this \.34:atiors "iinlis a / 11 "-
,47 di and six wy
in the money market wee as LoPei.d.
0.1, ..t. amg !we 50 .
measure against over noral
... were die Nina Ilia TIELEGILLYS.)
19. •
..... Mt w
gold abroad. The conli• 'Air whier—oomsni, T --tfie ultobir area of tlia- Kr THE lad OF THE BELGIANS.
to its actual bearing, i that doss, we find the following comprehensive lilacs pre- BRUSSELS, Dgc. 4.
tnfacturing districts were too bury and , seated for analysis or deduction. Out of every 100 cattle i The Muniteter Beige of to-day says :—" The new
trona, and that consequently they wanted I efitetiefi in sheds or other Pieces eettuall visited *1 phase upon which the illness of the King has en-
the plague 448 were attacked. Of every 100 so attacked 29
1 4 dijogoff.thte di
are i.
thia,
returges7:nto
be•i'midibit. • tared, had not altered up to yesterday evening. 1
supply of the circulating medium thanseed
admits of issue. It seems almost more- ! wthsl:
.51'1,
the notion should be seriously enter-
I the first item. Conaideriug the incredible subtlety of the . not made Progress."
But the improvement in his Majesty's health has
the best course to be followed is thus contaion, it is satisfactory to learn that not one half of the 1
that prosperity as much as possible. cattle actually exposed to the infection are seized by the
very certain is that this extraordinary re- 1 disease ; and the fact seems to verify the surmise recently
been applied, and with what results we expressed that some distinct predisposition was necessary ,
W give effect to the poison. However, the time for sown- '
)ur generalexPorts have fallen off 10 per
lei tionslisnied
e /theeriestimisinow past, and we wre,mustmor lreenpple with
month, our special exports to the United
oceeds .
r per cent. We have virtually said to to considerconsidero,'. propositionp that our markets r
should be 1
merchants that we cannot execute their permanently markets for dead meat instead of live meat, •
it from want of enterprise, of capital, of declining at the present stage of the inquiry to give a posi-
ts command practically inexhaustible on live opinion on the matter. We cannot, it says, undertake
to assert that every cMk market may be advantageously
tortes of the whole world, but simply be
into • dead-meat market ; but we think it not =-
cannot obtain the most ordinary facilities
meting business. The whole commerce of r bable
ce wethat sinuct.madyerib: the sass itohVerfehweyeYearse
1119 is thus permitted to come to a P.rig" dared the many y nuisances of the old-fashioned markets
id lock for the single object of maintain- from which the prorate of the cattle plague relieved us.
full force the obsolete crotchets of the
rs of 1844.
theory that a high rate of discount Emcee-
lws supplies of bullion from abroad has
ited more than once, and is again shown
erroneous by these returns. In September
Bank of England minimum was 2 per cent.
• than in Paris, and the movements of gold

TURKEY.
CONSTANTINOPLE, Deo. S.
It is asserted that a new loan of six millions,
bearing 6 per cont. interest, to be issued at 60, has
been concluded by the Porte with the Credit
Mobilier of Paris.

OUTWARD CALCUTTA, CULNA, AND
AUSTRALIAN MAILS.
MALTA, DEC. 3.
The Messina, from Marseilles November 29,
arrived here yesterday at 7 a.m., and left at 4 p.m.
for Alexandria.
The Tanjore, from South ampton, Nov. 20,
arrived to-day at 6 a.m., and left at II a.m. for
Alexandria.

faxuna's waned
SPAIN AND CHILI.
SPANISH PREPARATIONS FOR WAR.
MADRID, Dec. I.
The Minister of Marine has forwarded the most
urgent orders to the governors of the arsenals and
maritime departments to expedite as much as
possible the completion of the war vessels now
building, and the preparation of others for active

POrivION TOPICS.
The Times constructs out of the last advice', a nano'
tire of the engagement between her Majesty's ship
Bulldog and the insurgent forces at Cape Haytien,
arriving at the conolusioe that if the origin of the affray is
truly described, the interference of the ship was a
matter of necessity, and the steps which followed
became equally so. The TiACS hopes that farther
bloodshed may have been averted by the accepters:a
of the terms demanded by the Galatea, that .Saleave
sod the whole rovolutiosary government with him
should surrender themselves forthwith, and without
any conditions on board the English frigate. Nevertheless
the enstoly of this rebel administration can hardly he •
thing desirable is itself. Of all disputes in the world, the
very het we should think of interfering in wee that
between two Whops in Sal Domingo; and yet it seems
likely that we may have captured an entire cabinet of
ministers, subverted a provisiooal administration, end
done very decisive service to a more regular government.
Wean only hops that our intervention may be tenni-
sated se promptly ea possible, and with it, we hope, our
whole eonnezion with the affairs of Hayti.
The Daily News traces the bad effects upon the commerce
of the two countries which have been caused by the eetrange-
ntent between the Italians and the Germans, pointing out
the encouragement given by the Prussian government to
the facilitating of commercial relations between Italy and
North Germany, and congratulating the Cabinet of Bavaria
on its not only rejecting Austrian influence, and remaining
in the Zollversin, but also abetting the recognition by Ger-
many of the kinglote of Italy, and the opening. of com-
mercial iodations with that, now the first, Power of the
Mslitenninean. In all the late negotiation, and as the
pries of her many genuflexion, Austria has not gained the
support of one important Garman Power for the mints-
nonce of her Italian possessions. If German opinion declares
that it is better for the two great countries and moss that
the one should own no portion of the soil of thelother, Austria
mast submit. The time, no doubt, hal not yet arrived.
But the thickcemiog events of every year accelerate and
prepare the way for what is as jest as it is inevitable.
The Post comments upon some reports which have reached
it of an intrigue on the part of Russian agents at Constan-
tin iple, assisted, it may be, by the reprevientatives of
Austria and other powers, who work on the susceptibilities
of the Porte by raising the bugbear of French inflamer', and
so thwart the execution of the progressive modifications of
legislatii a which are now heir g carried out in the Dmeabian
Priusipalitiee. There would be cause for serious ragret if
these migrepresentations should triumph. The Ronmain
people are loyal and devote las a mw, and they are as
jealous of their nationality as most groups of humanity. If
they are let alone and governed with the spirit which
now prevails in the Hospolar a id his advisers, their future
is most promising.
The publication of Mr. &wenn despatch in reference to
the expresdons of sympathy on the part of the people of
England on the death o' President Li ecolnilesds the Tele-
graph to remark that the loss of that distinguished man
wu a not utunix si evil. It did more than anything else to
quit in tais oountly all m Gs's:ions of ill will towards
the United States ; a host of bitter feuds and controversies
were burie lin his grave. If we could not wholly Min-
guide our former opinions, we became thenceforth content
to leave them tine:prom I ; and at all events to make all
possible amends for any harsh judgments upon the conduct
of • man who, in circonst oiler of hoexampied (difficulty,
had reunited the sunder 4 Stater of America, and, bring-
ieg the one grand object of his life to a triumphant issue,
huleealel th, pt ochrsaiion of ware with his own blood.

pork from Franco
;ports to Flamm 293,143
October the results are again about the
Ne difference in the rate of discount being
per cent. higher in London than Paris. The
were :
watts from Franco
'porta to France 165,570
ether deduction can be drawn from the
ts. While the United States only
111 216,634/. in September, the re-
ices in October were 408,9251. It is there-
/Went that in the latter month specie was
sent here to pay for the goods previously
:based, and it is well understood that the move-
continues. In this case there can be no
m of the rate of discount, since it is per-
itly higher in New York than in London.
)r can these remittances be effected as an ex-
operation, since at the present quotations
could prove unprofitable. It is, in fact, as
iposaible to regulate the flow of gold by arbitrary
as to regulate thereby any other commercial
transactions. General principles may be laid dowr,
they are constantly and even daily departed
Our total imports of gold, for example,
iptember were 766,404/., and in October,
J 7,9481., the increase being almost entirely
Jr to the larger shipments from the United States,
.ustralia, and the West Indies. Notw ithstand-
our rate of discount averaged nearly 2 per
higher than in the chief cities of the Conti-
the imports of gold were about 32,000/. in
ember, and 33,0001. in October, wallet ex-
of very nearly ten times these amounts.
facts are stated precisely as they appear ; it
mins for oar currency and exchange theorists
xplain the contradiction.

servioe.
Three steam frigates, including the Tetuan and
two transports, are expected to leave Cadiz shortly.
On the latter will embark the Ist, 2nd, and 3rd
battalions of Marine Infantry, numbering in all

men.

OUR CONTEMPORARIES.

(THIS DAY.)

MI-OELLANEOUS TOPICS.
The Times is of opinion that there could probably be few
bett sr subjects for a r al commission than a searching ex.
aminthion into the precut state of the university nod col.
legal of Oxford. Thou4ll there is a majority in the greater
part of the c is favour of liberality and extension,
thee' majorities are nea'ral,,el is the congregation, or
deliberative b sly of the university, by the votes of a
body consisting of resident fellows not conoerned in
teaching, ant of parish clergy resident within the
proscribed limits. Toere is sure'y aAnething deficient in
the system of a War of salvation whom funds are pried-
pthly spent in providing annuities to enable young men to
live, if it pig them, away Ism the university, rather
than in givin; the utoa at effirlie icy to the university itself,
and whose vast income is expended much more in rewarding
the learner than in s ippottng the teacher.
The Herald finds it impossible at ter kfr. Bright's speech
at Blackburn to doubt that Vie ministry means to intro-
duce a reform bill at the commencement of the session ;
and impossible, moreover, to doubt that its chit-
recta will be decidedly revolutionary. The cabinet
has evidently adopted Mr. Gleistone's famous dogma that
every man has an egad right in the determination of
the affairs of the community, and, although it may not carry
the principle out to its legitimate rerulta, it will certainly
introduce a bill, the enaztinent of which would amount
to a revolution. Lord Russell has mule his choice. He
has thrown over the moderate and constitutional section
of his own party, and he will meet the new parliament by
throwing down a challenge not only to the conservative
opposition but to all friends of order and good government.

INTEILIGENCE. The solicitor— M
He is a very eras ma.
LAW
' Mr. Baron Bramwell-1 cannot accede to your apple:46,m,
(THIS DAY.) but Ido not suppose spy injustice will be door. Ido sat
"appose that • baiter semen is susceptible of any nk.
—e—
queue which will hied the jury astray.
EQUITY COURTS. The solicitor applied to Lee the matter refund to a De.
• (Before the Lord Chancellor.) Heiman of the bar who would deism's* the mutter at cam.
WALLA= e. TUN arroaser-ozWIZAL.--./01118 V. altAntela.L. Mr. Baron Bramwell—l cannot. Here the BUM involved
Till MICOMOSION LIMY La 1111201111.1 TO 311T1311 SOS- only 301., sad the pleintiff bas already gone to tie sumo
JeCTS POMMEL= ABROAD.—JUDOICENT. of retaining counsel end bringing witnesses, and ought ace
These cases were argued in the beginning of last to be put to further outlay.
term, and awns be ton the court on petitino. As the The cue then proeuded. The solicitor for the defendam
queetion involved is each of than, namely, whether laced • brief in the bands of Mr. George Brown, sod
succession duty yea payable in respect of certain be. sitting by his aide instructed him what quietens to pot to
questhed property, was the same, thej were heard together. the different witassess.
In
the first case the testator, Lord Henry Seymour, by his The details were wholly devoid of public intend.
will left the residue of his property for certain charitable
purposes in France and in England. It appeared that the
testator died in France, where he bad been born and demi- ;
Gild for a long period, but a large portion of his property MIDDLESEX SESSIONS.
oonsisted of stock in this country, amounting to upwards of i
70,0001., and certain leasehold mentos. Hs died after the
passing of the Succession Duty Act. In the second eau
the testator, who died before the passing of the act,
and was domiciled in the colony of Natal at the time
of his death, bequeathed the greater part of his property
to • lady who wee also domiciled ia that colony The
legatee died shortly after the act came into operation,
leaving her property, which consisted partly of stock in this
country, to the second petitioner. Successionduty was
claimed on behalf of the crown in both instances on the
ground that the act extended to all British subject', even
though domiciled abroad.
The Attony-General and Mr. Melville appeared for the
n
crown ; Mr. Bftglally, Mr. Southgate., Mr. Sobomberg,
Mr. Dalton, Mr. Westlake, and Mr. Vincent were for the
petitioners ; and Mr. Wickens for the charities.
The Lord Chancellor now delivered judgment, and said
that the question involved was one of great importance, and
tuned on the 2nd section of the Succession Duty An, by
which it was enacted that all osseous beneficially interested
in property, acquired either by testamentary disposition or
by devolution from any persons dying after the act cam into
operation, should be deemed to have acquired a " succession,”
and should be liable to • certain duty. In the present ease it
was not denied that the leasehold educe were liable to
the duty ; but it was denied that the personalty wse
subject thereto. It was not disputed that the
legacy duty was
not payable by persons who were not domiciled in
United Kingdom, the question being not where the property
was bequeathed, but where the domicile of the legatee was. It
wesclear, therefore, that no legacy duty couklbeelaimed here.
But as be regarded the liability to succession duty he was of
opinion that a similar limitation applied. No doubt
in when
• person domiciled abroad left a legacy to a person this
country, such person was • legatee under the law of this
country ; but the question was in this Came what
the rights of the parties were under a testamentary
disposition administered under foreign law. The difficulty
of ascertaining how to apply the principle of succession
duty in such • case was almost insuperable, for any assets
which might be in this country, when there were also
units in • foreign country, would form no criterion
as to what duty was payable on the whole of
the bequest. The only safe mode of solving the
question was to consider the duty payable only by those
who claimed legacies under the law of this country, and
this was the opinion of the legislature in the Succession
Act. The ground of his opinion was, that under the
words of the 2nd section of the set, there must be a limita-
tion of the liability to pay the duty, and that the liability
applied only to persons who acquired property by tes-
tamentary dispositions administered under the law of this
country. There would, therefore, bee declaration that the
duty in these ewes was not payable.
aannN v. CSOCTLIT.—JUDOMET.T.
In this caws there were two appeals from Viee-Chancellor
Stuart, and related to the same family. transactions. The
plaintiff, Green, is a farmer advanced in years, and hold-
ing two farms at Cudworth, in Yorkshire; and the
defendant, Crockett, is his son-in-law, having married
one of his daughters in 1855. The plaintiff assigned
one of the farms to • son, and took from hint •
promissory note sa the cousideratios, and about the
same time entered Into a partnership with the defend
in the other farm. It appeared that certain securities,
railway debentures, In., claimed by the plaintiff, together
with the above-mentioned promissory note, came into the
possession of the defendant, audit was to recover these that
the plaintiff fled his bill. The defendant alleged that a
portion of the securities were obtained out of the proceedsthe
of the partnership, that *then were given to him u
marriage potties of his wife, and that be had a lien on
some for money lent by him to the plaintiff.
Mr. Jeuel and Mr. A. E. Miller were for the plaintiff
appealing ; Mr. Cole end Mr. W. S. Owen for the defendant.
The Lord Chancellor, who had reserved his opinion, now
gave judgment, and after stating the facts, said that the
?ice-Chancellor had made a decree, declaring that from Ist
January, 1856, soon after the marriage of Crockett with
Green's daughter. they were partners as to the farms sod
jointly interested in all the property and pecuniary transac-
tions involved, and directed an account. Green did not dis-
pute that there was • partnership in the Endworth farm,
but denied that there was any partnership in any other
estate or in the railway debentures and promissory notes.
Upon the evidence he (the Lord Chancellor) was unable
to cosne to the conclusion at which the Chancellor
had arrived, but looking to the conflict of evidence,
it was • question what course be should pursue.
On full consideration he had determined that the matter
should be submitted to a jury, and he should direct an
issue to be tried by which the nature of the transactions
between the parties should be admitted. The trial Inuit
take place at York, for though he bad the power to try
sn Mine in this Court, the former would be the least
expensive course.

The December geaeral sessioos of the place for the
county of Mktdlanai wee commenced this =Meg at*,
SOS 109•4106014 Onrininwell-peen, before Mr. Wilhelm
Henry Bodkin, Assistaat-Judge, Mr. Joseph Payne. Deputy.
Assisteat Jades, and the following justices of the peace:—
Mr. Henry Pawnsll (chairman of the court), Mr. Cklads
White, Mr. Loveland, Mr. Woolsey. Dr. Jervis, Mr. Gould,
Mr. Parbury, Mr. Statileld, &a.
The calendar moraine the names of 82 prisoners for trial,
of whom 66 ere for felon/ and 16 for miedemeanonr.
The degrees of education of the prisoners are so follows:
—Neither rend nor write, twenty-two; read only, sine;
read and write well, four • sad read and write imperfectly,
forty-seven ; teed of soperiOr wheattioa. some.

THE POLICE COURTS.
(THIS DAY.)

BOW-STRUT.
CHARGE AGAINOT TWO COMWISSION/Jlll3.
William Macklin sod Josept Heed. mambas of the seers
of oommissionsires, were charged with assaulting John Sao.
ford, the norgssat.
Mr. Cottmso, of St. Martin's-court, solicitor to the mega,
e°Bltforiltedtshteatilad"thst ow Saturday the prisoners, who were
the worse for liquor,
_ came into his room, sad Macklin com.
phased that hos had boos mot to Woking, and had hid se
pay his owe fan. Hs demanded the mosey from *toms
Whitton mimed to pay it, upon which the prisoners IA
upon him, sod pulled him about until his shirt was literilly
torn from his body. They had been hitherto well conducted

moo.
Mr. Cottman said he was instructed by Captain Walton
to mg that if the prisoners would pay the amount at
damage and apologise, the case would oot be farther
pressed. There was no desire to deal harshly with the
iodiriiluals, but it was felt that order must be maintained
is the corps.
Hanford said the damage to the shirt could easily le
repined. Hs should be quite satisfied with the apology.
The prisoners mid they were sorry if they had dem
wrong, and were dimehargei.
MAB.L.BOROUGH-STREET.
cam= OF A YWAN FILEN ACM ON TIN CRAIG! OF
TRFASON.

Timothy Hcgarty, a blacksmith, residing at Mcraeßey,
Great Guildford-strest,Southwark, was brought bet= Mc.
Tyrwhltt by Gesso*, 301 A, by whom be was taken iids
custody ass warrase (signed by Sir. Richard B. Tail
oneof the justices of the peace for the county of Cork, '
backed by Mr. Knox), charging him with, white in the
county of Cork foe several mouths past, being engaged is
making piksheads for an illegal society called Feeisee, sad
for tressoasblo purposes, and for levying war apart the

gime.
It having been proved that the prisoner was the pen=
named in the warrant,
Mr. Tyrwhita told him that he would be honied ova te
the proper officials, sod takes to Cork, whence no doubt be
would be committed to Dublin.
The prisoner was subsequently taken away by two of the

COURT OF COMMON PLEAS.
Sit!inge at Nisi Prins in Middlinex.—
J Betare Lord Chief
Justice Erie and a Special ury.)

Irish constabulary
• BOLD= CHASSID WITH ROBBERY AT ST. GEORGE'S
BARRACKS.
AMU Willieau, • private of the 3rd battalion of
Grenadier Guano, was charged before Mr. Tyrwhitt with
steatites •S/. Bank of England note and 91. in gold sad
silver, •the moneys of Charles Allen, drill and esker
sergeant of the Grenadier Guards.
Sergeant Allen said that on the 2.2 ed Novsmbet bola
hie room in the barracks about 3 in the
is thereon and
locked up everything safe. taking the key his ponds
On returning from duty shortly after 5 be tonal tie doer
unlocked. He then found that • box in the room bed
been broken open, and hie cashbox taken from it, to ark
box containing one 51. note (No. 79603), • sovereign, sad
about 91. in silver, and 4a. in copper. He gave intensities
in the barracks, and subsequently to the Polies
A boy
was found amongst some packing boxes which would open
the door. On making a further search the centre part of
his cashbox was found. The cashbox had been braes
open, but he bad since had it repeated.
A little girl lien( with the wife of a pay.sergesat,
Chelsea Barracks, said she was on the landing at St George's
Barracks, on the 22nd ultimo, when she saw the prisoner
trying to push open Sergeant Alleres doors with his knee,
She was called away by her mistrals. Another soldier wee
sear the prisoner as the time looking on. She afterwards
pointed the prisoner out to the sergeant major the eat
morning.
In answer to Mr. Tyrwbitt, the wits's said she sons ton
the prisoner was the man.
Sergeant Druscovich said the battalion trust StGeont's
at the time, but bad since been removed to Cholas, sad
that was how the girl was there at the time.
In animatetime.
Mr. Tyrwhitt the prosecutor said the mosey
was partly government money and partly his own.
Mr. Payee, the keeper of the lokennan beer-house, Ese•
nington, proved givins the prisoner • sovereign for slat,
and at the time noticing that he bad • good deal mom
money. The prisoner afterwards left 4/. ss. 6d. with him
to take are of, stating that he was going on furlough, led
that he would call for it on the toiletries Saturday, which
he did, and thou had something to drink, and left.
Charles Chapman, • servant, said be was sand by the
prisoner while at Mr. Pane's (the hat witness) bonbons
to get him a bottle, which lie did, the prisoner Wine b= a
51. note to pay for it. He (witness) would know the note
again, as he put his IMMO upoo it.
Sergeant Druscovich, of the detective department, Soot.
lend-yard, said the note was on Friday last plod into the
Bank, and he traced it from band to hand till it got to last
witness, and in consequence of what he stated he apprs
banded the prisoner. The name of Chapman was on the
note. He took Chapman to the Chelsea Barracks, sad the
moment Chapman saw the prisoner he said he was the teas
he received the note from. lie told the prisoner the nary
when be said he knew nothing about it. Be took
the prisoner to the station, and now wished for the mend
ge
for the production of the note.
The linea/ wan remanded.
THAMES.
PIRISIG A PISTOL AT • mown.
A clean, smooth-faced, well-dressed lad, who gave the
name of JoAn Madlock, was brought before Mr. Parts
charged with being drunk and disorderly, and firies
loaded pistol in the Whitechsped-rosd.
Joseph Young, a baker, of No. 6. Bath.etreet, CALA*.
heath, said he was in the Whitechapel-roul last a#ll
at 8 o'clock. The prisoner was intoxicated us
mitring a disturbance amens some little boys wile
were annoying him and laughing at him. The
prisoner took a loaded pistol from his pocket, end fired it
off among the crowd. The people cried " sheme, and the
prisoner said he would fire another kill some one, sed
he was about to take another pistol frem his pocket when
the people rushed upon him and took the pistol in his bud
from Mm.
Edward Neale, an errand boy, said be saw the risme
take off his coat and offer to fight another lad. A ha
who was with the prisoner, said, "Shoot him if be ma
anything to you." The pose said be did not cars who 1'"
killed, and soon afterwards fired the pistol.
William Corking, 664 A, said he beard the report of
to and and took the prisoner into custody. He went to a
cocoffee-house in Whitechapel, where the prisoner lodged car
one night, and received from the keeper • leather bag, which
the prisoner owned. It contained • Bask of guspow
der.
er anoth Bask, contaieing shot, a box of percussion caph I
bottle contaisiog brandy, a Inciter match box, ens'
& neck tie, a pair of gloves, sad a loaded pistol. The acting
inspector fund off the pistol at the station-house. The one
pistol was token from the prisoner by the mob.
Mr. Paget put some questions to the prisoner, who said
be was 17 yearn of age is February next. He was • drifer•
Ile was now out of employ. His father woe a grow ir
Islington.
Mr. Paget said the pistol which had been fired off by
polio) ought to be now in the same state as it was
He
whoa
takes from the priamer, or the siotents drawn. le
sanded the primmer until Wednesday next.

ILINNAIRD r. LIiSUL
This was an action of ejectment in form to recover pos.
samion of Amble Farm, is Northumberland, but in reality
to decide theright to some extensive estates in Northumber-
land sod Sussex.
Mr. Q.C., Mr. Fleming, Q.C., Mr.' Kemplay,
and Mr. Davidson appeared for the plaintiff ; and Sir
Hugh Cairns, Mr. Manisty, Q„.C., Mr. Qua* and Mr.
Griffiths for the defendant.
Mr. Mellish said this case came before the court under
very peculiar circumstances. The plaintiff, Viscount Kya-
neird wuth Italian by birth, but be had been naturalised
in this country by act of parliament. He wee the ton of a
lady who was Countess of Newborough in her own right,
and his claim arose under the will of Anthony James Earl
of Newborough, who died in 1814 without imue.
Anthony James was grandson of Charles Ratcliffe, the
brother of the Earl of Derwentwater. Mr. Ratcliffe
was out In the rebellion of 1715, and he was
tried end convicted of high treason, but after
hie conviction be escaped from the Tower and
went to France, where he married the Conotess of
Newborough. There were two sons and one daughter born
of the marriage, but of coulee they were all born after the at-
tainder of their father for high trammel. W hen the rebellion of
1745 broke out Charles Ratcliffe embarked on a French ship
to join Prince Charles Edward, but the hip being taken by
an English men of war, he was made prisoner, and on being
brought before the Court of Queens Bench and identified,
he was gent to execution on his old attainder. The Der-
meltwater estates became forfeited to the crown, but in
179'J George 111., by letters patent, granted some
portion of them, the lends sow in gelation, to
Anthony James, Earl of Newhorongh. This gentleman
by his will, dated the 23rd December, 1812, left the
estates to his countess, Ann, for life. Hs had no children,
and his nearest relations were descendants of Lady Mary E.
Eyre, daughter of Charles Ratcliffe and Charlotte Maria.
Countess of Newborough ; and one of their graoddangliters,
Dorothea Eyre, married Colonel Charles Leak, the de-
fendant in this action. Earl Anthony Jame, left the
estates, after the death of bin counters, to his heirs
male of the name of Eyre, who all died, with remainder to
his right heirs. The earl also devised all other hie estates
not included in the specific devise, in trust to sell. The
Countess Ann died in August, 1881, leaving Dorothea the
heiress of her husband. She, however, could sot make out
her title exoept through Charles Ratcliffe, and the first
question was wbother attainder did not prevent her claiming
through him. If this were so then the plaintiff contended
that Earl Anthony James had no right heir, and that all
his estates would pass under the residuary clause to his
trustees. The trustees had conveyed to the countess all
they took under the residuary devise and by her will
she devised in 1858 all this property to the
plaintiff for life. The plaintiff:would have to make out
the two propositions, that the attainder of Charles Ratcliffe
prevented the defendant claiming through him as heir ;
second, that under these circumstances the estates would
riot be escheated to the crows, but would pass under the
res:duary clause. On the other hand, the defendant would
say that although you could not claim directly through
an attainted person, yet the descendants of
brothers might claim across notwithstanding the
attainder. To this it would be replied that though this
might be true in reference to a Wadies born before the
attainder, and thus having no attainder blood in him, yet
that it did not apply to a person born after attainder.
Same documentary evidence was put in, and it being
admitted that the questions involved were entirely matter
of law, a verdict wee taken for the defendant by consent
subject to the opinion of the full court.