The Express.
London, England, 1853-12-12 00:00:00

?Law *ttteliteence.

JUDICIAL COMMIITER OF TILE PRIVY
COUNCIL—LtyraDAT.

The animation of the committee present to•d .y were
the Ls:d Chief Justice st tae Common Pleas, the Right
Hon. T. Pemberton Leigh, the Judge of the Admiralty
Court, and the Right lion. Sir Edward Ryan.

iIOWLZA V. LoWLEY —ALLTGED CAVT.LTA AND ADCLTERT

Di A Iit'SDAND.-JCDGMENT.

The arguments in this case, reported in the Daily Netes
of S iturdeiy, having been concluded,
Dr. Lushieghton delivered judgment. He said it would
more oinvenient to dispose, in the first instance, of the
question of adultery. The charges were two-fold ; first,
that, after the separation, he became infected with a disc
t ise ; and secondly, that he had committed adultery with
his servant, Ann Green. The allegation as to th,, contruc-
tioo of the disease was supported by two witnesses. The
mere fact of his receiving boxes of pills by post could be
no evidence in support ot the serious charge of basing com-
mitted and thus contracted the diseasz. As re-
girded the charge of adultery with Ann Green, although
it was not necessary, wording to ecclesiastical lavr,to prove
the time or place at which ndultery had been committed
by parties resident in the same house, it was neceseary to
show that indecent tamale/titles and undue attach-

mints existed between the parties. There was not
the slightest testimony in support of this. It was indeed
alleged that Ann Green had Lad a miscarriage, but how
did that prove that Rowley was the lather of the ch,lo
It was their lordships' opiuton on this branch of the can
that the charge of adultery wholly failed. Now, as to the
allegation of cruelty, Sarah Woodhead bad proved that
Mrs. Rowley had stated that her husband had illtreated
her, and had shown her the bruises, but this evidence stood
solely un the declaration of the wife. By a wholesome rule
of law each declarations could be received in evidence, be-
cause the husband, if he chose it, had many opportunities
of trealing his wife cruelly in the absence of any witness;
but, then it was necessary also that such declarations or
complaints by the wife should be auxiliary to other evi-
dence. Elisabeth Shillito had proved that they were
" scuffing together," and that the husbsud used bad lea-
' gnage towards her. Bad language, on the part of the
Rusin's!, though most culpable, was not sutficient to obtain
a deem. (rem the Ecclesiastical Court, unless the words of
abuse were also words of menace. The question next arose,
had the cruelty, if it bad taken place, been condoned by the
wife's return to cohabitation. On the whole their lordships
felt under the necessity of reversing the judgment of the
rourt below, which decreed separation on the ground of
cruelty, mid of granting the prayer of the appellant.
Judgment reversed.
Counsel for the appellant, the Queen's Advocate (Dr.
Harding) and Sir F. Thesiger. For the respondent, Dr.
Addsme and Dr. Beyford.

IWO= Tat LOWS Frill =I or ArrrAL.
IN RE FRANCA'S O'CONNON AND IN RE THE NATIONA

LAND COIIYANT.-WINDINO•L'P ACT.

By the act passed for winding-up the affairs of the scheme
called the National Land Company, it was provided that
the allotters of land thereunder should be continued in pm-
session of their allotments, with an indefeasible parlia-
mentary title upon certain terms ; and it was declared that
this lands which had been purchased by Mr. O'Connor had
been so purchased by him as trustee for the company.
Lastly, the act provided that the plots of land should be con-
veyed to the respective allottees by the official manager and
the trustee or trustees of the company. The present petition
was presented by the official manager fur an order enabling
him to convey the allotments not only in his official character,
but also as trustee of the cimpany in the place of Mr. !
O'Conr.er, who had become of unsound mind. The object
was to save the allottees, who were mostly pr none of small
means, the expense of having another person appointed to
convey as trustee in the place of t►e lunatic.
Mr. Roxburgh, for the official manager, and Mr. W.
Fontcr, for the committee of the lunatic, agreed to take
so order in the terms suggested by the court, via., that the
official manager should, in the name and place of the
lunatic, execute the several conveyances to the allottees,
such conveyances to be settled aucl approved by the Muster
and the purchase-monee to be paid by the several 'lioness
to be subject to such lien (if any) in respect of Mr.
O'Cor.not's claim in the land allotted as those lands would
have bceu respectively subject to if not conveyed. The
costs of use application were directed to be paid out of the
estate to be would up.

COURT OF

.--SATURDAL

IN RE WEBB.

The bankrupt, Frederick Philip Ripley Webb, bad
traded as a merchant in partnership with Charles John
Webb and Wm. Grams Dick, under the style of " Webb,
Brothers, and C 0.," in Nicholas lane, and at the Mauritius
under the style: of "W. G. Dick and Co." This was the
last examination meeting. The bankrupt, it appeared, was
the only partner residing in this country, the others bins
in the Mauritius. The joint balance-sheet extends ever
four years prior to the date of the adjudication in October
last, and shows the following state of affein :—To creditorl
22,4291. ; ditto holding security, 5,4861. • liabilities, 7664;1
profits, 7,631/. ; capital of C. J. Webb, 4001. ditto el His
bankrupt, 1,4921 ; ditto of W. G. Dick, 4001. By trade
expenses, 1,0051.; debtors, bad, 19,5871. ; ditto good,
13,617; drawn out by C. J. Webb, 1,7031.; by the
bankrupt, 1,8.21.; by Dick, 9291. In the list of
bed debtors the chief items were the follow-
log "W. G. Dick, Mauritius, balance due by the
Phoenix estate in account, 11,2741. ; W. O. Dick and Co.,
fee balances guaranteed by them, 6,3761." Appended was
a statement of the debtors to the firm of W. O. Dick and
Co., amounting to 20,2631., the bankrupt adding that he did
set at all vouch for the accuracy of that statement. The
smatters of that same firm were put down at 12,1241., and
he bankrupt stated, " In addition there are liabilities in-
serted by Mr. Dick to the extent of about 7,0001., all for
mmientmodation we presume, as they are not entered in the
books of the Aim at Mauritius, and quite unconnected with
our business, but for which, Mr. Dick having used the name
of the firm, we are liable."
The separate balance-sheet of the bankrupt extended
over the same period of four years, and contained the fol-
lowing items :—" Creditors and liabilities, acne ; drawn ,
from Webb, Brothers, and Co., 1,8621.• by furniture'
3001. (nalised 1251.) ; rent and taxes, 3601.; household
expenses, 1,2021." To this the bankrupt appended the
following statement : " I have one-third interest in the firm
of Webb Brothers and Co., late of No. 9, Nicholas-lane ; 1
have also one-third interest in the firm of W. 0. Dick and
Co., of Mauritius. I had also one fourth interest in the
late firm of Webb, Macfarlane, and Co., of Mauritius. I am
not aware of any liabilities relating to this firm."
Mr. Pennell, the official assignee, reported on the ease as
follows : " The petition for adjudication is in respect to the
separate estate only of the bankrupt. He has filed a
balance-sheet of his separate estate ; tad it presents the
anomaly of being without creditors. The only sum that he
has to account for is the amount of 1,8521., drawn oat of the
concern of which he was a partner. This sum has been
absorbed by his household expenditure, rent and tease, and
cost of furniture. The affairs of the joint estate of the
banarupt and his partners are being wound by inspectors
under a deed of assignment, made in May last, for the benefit
of the creditors. The bankrupt has furnished an account of
the partnership affairs, from which it appears there is a de-
ficiency of assets to meet the engsgemeatmmi the blab
rupt's interest in that firm is oleo value. The dem ridded
in London se Webb, Brothers, sod Co., and at the
Mantillas as W. O. Dick, and Co. Their transactions have
bees very extensive. Oa comparing the supplemental book
la my possession with the books of the firm in the custoay
of the inspectors, I have every reason to believe that the
resnitsom they appear on the face of the joint balance sheet,
em correctly given."
Mr. A. Jones, for the assignees, consented to the bank-
rupt's passing.
Mr. Lawrence said he appeared for the petitioning credi-
tor, Mr. Leopold Samson, merchant, of Manchester, who
had exercised his statutable right of proceeding against an
iadividual member of the firm, notwithstanding the joint
masts was under inspectorship. There would be no surplus
from that estate, but the object was to accelerate the pro-
ceedings of the inspectors, as well as to ensure a proper die-
, tribution of the joint estate, by having Mr. Pennell,
the Official assignee, as representing a member of the Ism,
pointed one of the inspectors. The petitioning credits.
reserved his right to oppose at the certificate meeting. He
felt bound to menti..n this, inasmuch as the certificate,
when obtained, would discharge the bankrupt from his
joint as well as his separate debts ; and as the question of
reckless or improvident trading would entirely turn upon
the joint dealings of the bankrupt, the court could not
properly adjudicate on that question till the result of the
inspectors' supervision was known. The operations of the
Sun had been conducted principally in the Mauritius, pur-
chases being made here, and the goods immediately sent
there; and the debts and liabilities of that mete were very
considerable.

Mr. Jones submitted that these were matters for the cer-
tificate meeting, and could not now be gone into.
Mr. Lowrance said he would merely suggest that a day
sufficiently remote might be named for the certificate sitting,
in order to avoid the expense of an adjournment.
The Comnsimioner—ln Castelleac's*, the Lords Justices
held that the other parties not being before the court was
no reason fur stop:Aiding for a moment the adjudication on
the certificate of one of the firm.

Mr. Lawrence said thattitreit was proposed to adjourn 1
the certificate of one bankrupt till certain proceedings
affecting the validity of the joint petition had been deter- 1
mined, He did not oppose the appointimmt of the earliest
possible day ; but as the joint trailing would f-srua the prin-
cipal, if no: the only ground of opposition to the certificate,
and its the court could not arrive at • correct conclusion
1 without knowing the result of the joint trading, it mi:ibt
save as eapease of an adjournment if a distant day wero
eased.
Mr. Elie, for the bankrupt, said he must press for the
earliest Eossibls day consistent with the practice ut the
court. The bankrupt had rendered every assistbnce to the
assignees and inspectors, he had conducted himself properly
in all respects; he had not • single separate creditor ; and
the balance-sheet was 'wifely approved by Mr. Pennell.
He bad also rendered a joint balance-sheet, compiled flow
the books of the firm. These books had been submitted to
Messrs. l'arrin ton sod Ladbury, and had given the highest
satisfaction. The failure had arisen wifely from debits in
the Mauritius ; it those debts were realised, the joint estate
would yield 20e. in the pound.
Mr. Jones said the assignees had looked through the ac-
counts and wero satisfied as far as they could be. There
would be ao objectless oa their part to the bankrupt baying
his °Malt:ate at a 'quotable time. The way in which the
Mate was nalited geoid set be sad, any chap aphid