The Express.
London, England, 1865-06-27 00:00:00

LAW INTELLIGENCE.

EQUITY COURTS.—Juris 26.
(Bdore Vios•C6enoellor Sir J. Stuart)
MOORE V. BAltBl3.

This snit was instituted for the administration ofte
attar of a lady, and the following
_curious question Wearer 1.1
it:—The tartaric was • married woman who bad Men
separated from her husband by • decree of divorce. •
marl et thoro. At the time when that dune was, pro-
nomad the husband was ordered to pay her a certain rat
annarly as all:Dolby. The lady had • power eI disposing of
bar own property by will. Nee died, h• by her will.
duly executed in punnathe of • power and as to whirr
there wee no queries), bequeathed her estate to
the plaintiff in the salt. It appeared that the testatrix
had saved a considerable sum, amounting to aboutl,66W.,
out of the alimony paid to her under the decree of the
Ecclesiastical Court. Her husband had not attempted to
take out letters of admiiiithation to her estate ; hat he
now appeared, and claimed that sum ?f 1,6601. by virtue
of his marital rights, as against the residuary legatee.
Mr. Bacon, QC., and Mr. Freeman appeared for the
plaintiff in the suit ; and Mr. Bpringhale 'Thompson for
the defendant, the executor.
Mr. Melina 4C., ld.P., and Mr. Fisher, for the hus-
band, cont® that notwithstanding the decree of the
Ecclesiastical Court, be was still the lady's husband ; that
the alimony was meant to be an alio. airs—but only "
sufficient" allowance—for the maintenance of the wife
during her life ; that it was plain here she had had more
than was sufficient, and therefore the surplus belonged to
the husband.
The Vice-Chancellor said that it was not easy to are how
the husband could come here now and nuke the claim he
did. Not only bad he not taken out sdannistration to his
wife's estate, but by the decree in the Ecalesiastioal Court
he bed been deved, in a nee, of hie marital rights. He
bad also, as againstp his free title to these rights, been or-
dered i pay a sum of money as alimony to his wife—who
must be maintained—for her life. TM wife's title to that
allowance was of the very highest nature—conferred upon
her by a decree of • oompetent court; and hie Honour could
not see how the hatband could now claim that which •
decree of the proper tribunal had given to his wife. This
ear was a very different one from that of Dishy v. Howard
—the Duchess of Norfolk's caw There the dueller, who
was a lunatic, did not require, and could not speed the
very large sum settled on her and the frusta of it,
in fact, failed. It was indeed said that wheel money in-
tended to be applied towards a trust was not so applied it
was coneidered that the °arid quo trust bad consented to
the son-application. But the Duchene of Norfolk could
not, being a lunatic, have so consented, and the Hoase of
Lords ultimately so thought. Still, that case bore no
analogy to the present. His Honour was of opinion that
the husband in this thse could not say than savings were
his. How could he inquire into his wife's mode of living.
and say what was sufficient or insufficient for her, after the
dears fixing the proper amount? Upon the whole, there
must be a declaration that the plaintiff was entitled to this
money, and that the husband must pay the core of this
application and of certain inquiries which had been directed
as to the money for his benefit,

COURT OF QUERN'S BENCH.—Joins 26.
After Term Nisi Price Sittinp et Weetistioster.—(ftsfore
the Lord Chief Justice and Special Juries.)
JA V. JAY.

-
This west= action for money payable to the plaintiff, &a,
and for work and labour. The defendant pleaded never in-
debted.
Mr. Powell, Q.C., and Mr. Batt were counsel for the
plaintiff ; Mr. Se*ant Atkinson and Mr. Philbsick were
unmet for the defendant.
The plaintiff deeeribed himself as a barrister, having
chambers in Dorset-street, Salisbury-square, and the de.
fondant is managing director of the London, Birmingham,
and South Staffordshire Bank, and the action was brought
to recover certain compensation for alleged negotiations for
an amalgamation of the London and Birmingham Bank
with the Worcester Bank and the Metropolitan and
Provincial Bank. The plaintiff, during his ex-
amination and crow-examination, gave a very desultory and
rambling statement of interviews with the defendant.
After nearly three hours had been wasted, the learned
counsel conferred together, and Mr. Powell made a commu-
nication to hie client ; upon which
Mr. Powell said ho bad spoken to Mr. Jasper, and, acting
on his advice, he had consented to withdraw a juror. He
thought that would be the best termination of the case for
his client.
The Lord Chief Justioe said be had acted wisely in so
doing. He should not have gone much further before he
should have directed a nonenit. He had foreseen the re-
sult from the lint.
Mr. Powell said he bad not been able from the first read-
ing of his brief up to that time to find out what was the
cause of action.
Juror withdrawn.

COURT OF COMMON PLEAS.—Jtnra 26.

Sittinp at Nid Prins in Middleasx.—(Before Lard Chief
Justice Erie and a Spinal Jur►.)

TILLIE O.

,-ACTION BY • SOLDIER ACI•1116T HIS

COLON Z.

Mr. Bovill, at the concluded of the evidence for the
plaintiff, submitted that theta was no camp for the jury.
As to the false imprisonment, all the colonel did was to
order the plaintiff to be confined to barracks, an order
which a colonel had a perfect right to give at his
own discretion, and an order also which the plaintiff, by
the terms of his enlistment, was bound to obey.
No action could be brought for thi., but the only course
was to appeal to her Ma= through the Com-
mander-in-Chief if anything per had been done.
As to the clothes, the colonel had nothing to do with them ;
the adjutant had ordered them to be put into atom, and
when the colonel was informed of what had been done, he
said it was quite right. As to the diadem] from the
regiment, he should show that the colonel. of the house-
hold cavalry had the power to dismiss men, which the
colonels of other regiments had not. The colonel had just
the same right on behalf of the sovereign to dismiss a
soldier as the steward of a nobleman had to dismiss •
servant.
His lordship (after a lengthened diecussion) said be wen ,
of opinion that there was no evidence that Colonel Mar-
shall imprisoned the plaintiff or detained his clothes ; bat
as to the dismissal from the regiment he should leave the
question for the jury, though he should reserve for the full
court the question whether the commanding officer of the
household cavalry had absolute discretion to dismiss men.
The jury also said that they thought that Colonel Mar-
shall had not imprisoned the plaintiff or detained his
clothe,.
Mr. Bovill, in damming the jury for the defendant,
said that perhaps the jury would remember that the Life
Guards were instituted in the time of [Charles li. and that
their duties were around the pence of the sovereign. The
pay of the mite was nearly doable that in any other regi-
ment, and it was most desirable that the men should be
persons against whose character there was no easpicion. The
orders to these regiments proceeded, not from the oem-
rimoder-in.thid, but from the sovereign, and the command-
ing officer directly repi meted the sovereign in the orders
he gave to the regiment or to the men. It was shrewd to may
that Colonel Marshall had in this ease acted with an,
=altos ; but the colonel felt it was due to Memel(
to go into the witness-box and state that he had
acted from his sense of duty only. The learned counsel thee
detailed the milieus circumstances which he should prove,
which tended to oast suspicion upon the plaintiff, and con-
tended thatif the jury should believethewitnesse,who would
state these circumstances, they would clearly be of opinion
that the defendant had not acted "maliciously, and without
removable and probable cause,* but, on the eonteary, that
he had acted in the honest discharge of his duty.
His Lordship said that he should tell the jury that if, in
their opinion, the various fads which Mr. Bovill had stated
were proved, then the defendant had reasonable and pro-
bable cause for what he had done.
The jury said that they were of opiates that the defen-
dant lied not acted maliciously.
A discussion took place between the learned counsel, and
the °misquote* was that some evidence was given.
Sir James Yorke Scarlett, the Adjutaat-Gemird, said
Haten the two regiments of Life Guards and alio in the
Hon Guards, there were certain privileges different from
Wan in the other regiments. The °outmoding officers in
these three regiments had the power to dismiss, soldiers
without mistime) to the Bo NO Guards or the Werofflos,
except in the mess of pension. and gratuities.
The jury found a verdict for the defendant, but some
points of law ware nerved to the plaintiff's counieL

DESTRUCTIVE 8188 1N HOLBORN.

BOGAL—W. L labia it
Do. bib& 1
Mauritius 1
lost Dais
.._1

604
1,40
1.00
4,641

4144
1,661/
6,177
7,667

isms
10,4 U
10.198
MAU
9
679,993
119.710

m-7.7:......1

y:mo:------- -;

211,r711
LIN

Havana
Cabs _ _ . 11°4_

PB=LialeaM4o.

1,660
706
746

COnon—W.L
CATI:n brio. &
ma
otherga = India pocks'..
Do. do. ..
_ - -

274
AM
a

7,488
1,011

1.957
4750
17F.
1,14?

seal a oaks siii-

1,21111
an

1,0111
US

111.11T4
11,446
'so

coook.

lady
Um i

Do.
lam EI ta
SAADPSDUI--Daltaill

POLIO

....
1.121

9,114
26,764
2,672
27,762

36,40.
12,7b9

18,ag.

211,1111
4191

WSW
16,184
SI"
MITI

144041
I 27,271

WAN
84.741
%On

1*,412
21,477
4,6.6
111,067

tomer
21,07

siiiss

-
WOG

TALLOW.—Nownsr Evinnea.—The tallow aserket ate.
tinsel firm, with Mbar en upward tendency ; the light
Ripply of home tallow, and the ooetinned high prime of
butchers' meat in all parts of the United Kingdom, holding
out but little hope of any great increase in the production,
induces a more then average demand for foreign, and the
deliveries are already beyond the a of this time of
year. Speculatively them was a good .04111 doing hat
week, and the market closes today firm. Sr* 41n. 6d.
old, 4101. • October to Dmomber, 425. 6d. to 9d. ; Deeember,
42.. 9.11 to 43e. • January to Nareh, 43a. to
435. 6d. Town talow, 40a. 6d. net auk ; Synth
American, 41e. 3d. to 6d. • Australian sheep, 40.. 6d. to
41s. 6d. ; beef, 395. to 40a.' No °deem or North Murk=
here. Oeaofreet oil is steady ; none wee offered at audios
last week. Cocain, 44e. 6d. to 46e. Ceylon, 42e. 6d.
, 39a. to 41a., middling to fais Pale oil steady.
Sydney.
Lagos. Palm nut ail. 324.--IFrem the circular of
Nem& Smith and Charles.)

OOTTON.—Lrvsmoc, Juan 26.—There lus been is
sat►ve demand foe 01:411011 at as advisee of id. to ed. pee
lb. to loss staples. &lea to-day, 23.000 facial*
MOO for spavalatica and export. 2,000 18ed.
to 22d. ; 1,400 Farsass, iso.. 17g. to 21d. ; 90D -
w.
barn, 190. to ; 600 hlsse sod Baba. 181(1. to
1944.; 4.660 16d. to 24d.; 600 91111T111, 134.
to 16141.; 12,4 94d. to 16d. ; Madras, 13d. to 14d.;
Naga, ado., 7 to lOad. ; China, 11d. to 13d.
10 PIM

WOOL AND WORSTED.—DALDFORD, JUU 26.—The
market to-day is decidedly quieter. Notwithstanding the
firm prime which haws been made for wool in the country
aleph= 'inaction* only • slight demand to-day, and the
few trammeling's whisk have takes plume are confined to
acme mete of desp.grown and lustre wools. Prices meshed
the rune as last week. Is yarns there is no change of any
ineeneek Spinners are so full of orders that they cannot
swept anything for quick delively. The prices which ms
asked are almost prohibitive. Is pieces Ansericam are
still in the market, and large orders might be taken if manu-
facturers were in a petition to deliver. The actual bummer
doing is very limited. Manufacturers are busy in working
up the orders previously taken. There in no change in
mom.

OATTLE.—Ltvrapoot, Jon X —The supply of stock
was mash buses than oa last Monday. The docasod slow
at mach lower prim for cat tlo ; awns and lambs an
oboopor. Boot 60. to 70.; mutton. 7d. to Bd.; limb, 7d.
to 9d.

COALS.—Lonnos,JI7III 26.—Clowpen Hartloy,l6s. ;
VilOn'S West Hardee, 164. 3d. Hastings Hartley,
16s. ; Wylam, 16s. ; Walls ; Glaeforth 15e. 9d.;
Walla End Bastes, 15a. 9d. ; Walls End Wisszsellffs,
12e. 94. ; Eden Ma* 16s. 64. ; Walls End Ersdatirs
Hence, 16a. 9d. • Walla Fad Mama. 17s. 9d. ; Walls Ea
, Hatton. 17s. ; Wails Bad South Hatton, 17s. 9d.;
Walls Hod Tusatell, 16a. ; Walls End West Lassbtea,
Ha. 6d. ; Walls Ead 0.-op, 17s. ; Walls Fad Hartlepool,
17s. 6d. ; Walls Lad Liles, 16s 6d. ; Walls End East
Hartlepool, 17s. 6d. ; Osziray and Daffryn Malting, 225.
—SUN at market, 46 ; said, 42.

TRAFFIC RETURNS.
uwn. leo Pr. Min. ToIA Teed.
Mel MIR dream ISM 211.
Week 1104 Mg June I. 4 a a 4
Landon. lisetann. and IL
Oast 271 17.746 4.611 22.227 11.411
Sob lesnea

Dtt Berry's delicious health restoring Revslents
/Lesbian Food GEMIL,
Omsk witikent merino or IngoavvoidreiX
=to.max N
idilidvelka). , Anthan, ocessissuos.
ervous, meet, and Item& doididialm:
dad saves fifty thaw tts ant In older manila. 6000 mei
annusny.--Ds Bari and O.k. Zito. VT. .to. Landon, W.
Ia taw, at Td. tf d. U. N. L. IllarAL en drovalL''

BlItTllB, MABALLGKB, AND DEATHS.
BIRTHS.
CAIDISAC.—Jime 24, at Clifton-road But the wife of B. B.
Le., of a deoghter.
DIVOZI IL —Jane SS, et
Albert-remd. itegent's.Park, the
wiled T. H. Devonshire, Ise , el •
DUKZ.—Jane 11, at 42, Tortland-olaohdattes;lfe of Sir James
Data, Bart., ICY., of e son and heir.
YOB —Jane nt, at Baer-terreze, Hyde-pork, the wife of
1. Tooter, boa, of a
TWBOBALD.—Jaae Satt Matlock, tawTBIOBALD.~Tuetit, ir timeh's. Bridge-hosee,
wife at Captain Theobald, of a dentater•
TUCLWL.L—Ju*e at the Oakes Sobook the wife
of the Bev. W. To:knoll, of • sou.
-

•••
NA.PAIL(GIL
ADAIII-CAYYSILL-Jene at St. Inire's Church, Molten.
SIM b 7 the Rev. C. Cas the lay H. J. *date, Y.A.,
?kat Ot to
Ayne.aghter of the late
H. B. Cainikriadh., at Mayfield,
t0L13.13-4./Mt. one Si, at the perish church, Stindton, by
the Rev. T. Trod" Wiliam. son et J. heart* al Tune-
NIL Rottlete. WM. to Harriette file, daughter M mr. 1.
Laker. ItedMlL
WOOLUXIMAS--STIRLING.-June IL at Len Men Church. near
Ashburton, by the leo. C. Woottoombe, the Bev. 0. Woo&
tombe, motor of Illibantpton. North Devon, to Emily WAS,
daughter of C. Inhlhei, let, et Bookeridge Roam near Ingo.
month.
DIL&THL
&TWILLIIMITIL-Jan th, at Stemmratt. IhmenoatM Kest.
Caroline, the mite et the Hon. AtwellJalth.
IDTLLOK.-Juawl ite ft, at lietwinter. year. the Dim. J. P. Balm
It
OtaNCL-Jura IS, at ltarthoroanti-hill, It. Johnlimood.
Azalea. dater Mae late 0. Cornellovelle=l
HOLltin.-Jaw at Crean John Moor, met
ot the late J. Rolm*, Seq.. reall.
SISTMYZ.-Jonelt, Agee, trt d 1 J. Kamer, Isq ot Wed
atralt‘itc.4unelnagr:Lllsteclael. Deentepreed. Cheesed.
sled It.

Maid sat Pabitohdb Women Zips d itn.Bl
larbarSdrest. la the Mr as Lwow Mater d •••
Oft% Lentar4strest. 1,, Ss ludas. at Wlitiddirso.
11011 DAT. 11117