The Express.
London, England, 1856-05-31 00:00:00

Oa ?amity the Court of Beaks is Scotland me
tiret in the ea of ttes Fters v. Liaagstame.t. smog
esis se
Me as o! so meth legal teetromny both is
Elegterad and .e. &misad, with reseed to the legitimacy of
the *decries
Oti et in misfit w.th a dust eel wite's sister, te-
ngl sod Such law respectively. Oa the
dril l li
J m li
Jeatiary last the Lord Ordinary, In the Omer Huse,
=l:a interlocutor sustaining the ells of Alexander
tame, who is stlerd to have best hors is the eon-
memos referred to. es tot 'ultimate and surest heir to the
tree Admiral Ste Thomas Livioplose, of &dieresis; sad
W lonlrhip stated I. his note various ,road. for bolding
that, eteutio4 to the trot ieterprotitiou of the law of Sea-
bed, owe tor stir, deceased unfit'. sister was sot Imlay-
gel t, the effect at rendering the offeprieg of the seassaiss
=a,riily illelilitor e. Lord Ardmillan's tiodiep were as
Finds that the defender was been in Molted, the off-
"rine of a marriage selebra.ed is Ragland, between reties
lien.ciled is &Icy eno at the date and during the outshoot*
et the mare she. Finds, as matter of fact, that the defender
Is lagitimale a:c r bog to the law of Eoglaad. Finds that
hi legttimicy ought to be retogoised by the Scottish court.
Therefore eseeile:. a tee defender from the et nclusions of this
'atlas A it. c:sratoi of todardy and docents."
Tte dezia.on was ire:timed ti the First Division of the
Ismer Home, lido,* whch the Dime was heard before the
ideas Joe the spring vocation.
Toe Lord 'test's's* to pmecnteciag the declass of the
men tiffirmier the toterlotirof of Lord Ardmillan, said that
trough i: had formed the enejoet of dianuoice in the Omen
Itresee, the quaint whether the marriage of • man with
the stater of on dimmed wife was or was not, by the law of
Ille.tland, alert or incestaoas, had not bees thee mad.
OW sail et of argument before their 'trembles. He
(the Lord Poisident) was of opiates that there were sew
balm them meters-11s sufficient for the decision of the
question raieed as to the Witham of Alemioder Living-
Mau the defender in the ecton of declarelor ,f bastardy,
'Strout enteritis into the question of the illegal or criminal
Mecum of the eoncesion in reterenee to tools+ ot Seet-
hed. After a careful emanation of the evidence betties
ea
the questimi h i belt that in every riot of am Amu-
sed*, Livingstree was az Boglishmao. He was bon is
Reglad, ad bad lived nowhere else, aa far as the evidence
wait. He we. barn of parties who were married is Eng-
bed, sad had thew domicile in Enalend at the time of their
trarriege,sa well as at the time of his birth. The next point
he mesidtraticn was, therefore, wh. thew Alexander Living-
stone :ran of eat net legitimate is hie owe eoutry. That
teestion was raised on the saiumptieta es allegation that
dm first and se oad wives of Thurso= were einem
The contention was that by the law of Lobed Alexander
liningstose was nut lawfully recreated efibe marriage be-
tween his parent., and that therefore t e was me legitimate :
but that ia Ennland, by the rale of precedes% Isigaln fate
the question wee excluded, which rule of sistion did set
apply to the Court in Bandied. Hy that lib it=
mesh gateau,. :call only be inquired into is Am
tied Court, sod t at inquiry coeld only tales pleat emit,
the sitheietenet of the mules*. The °auto
wore restiained or precluded ion hmeities ohm the dims.
lotion of the marries* by the Sila of either of the patios
However •ed at, the legal week am that is the tees
which here omurred—Ns., tie eels Se Ms theiltege sated",
te the dimalutio• of the marriage in Idlieeil• WM triterisZp
unotalleugsabie en the ground aliened, and Ss
wan legitimate. Whatever might be the Mewl 111
be the law, that wee the legal result ea to the IMO Ihle
rare. 7. The law held children of such a mardelp EP he
festideate—ea meth so Ds any other children. Het left
was an Sopliahnian born in wedlock. ligitiaiste is owe
etratry ; he had no eositezioo with Scotland or its law,
swept that he claimed to be bar to a Scotch estate, Sae
be (the L rd President) held the misled domicile er hi
Sather to have been lost, and to be of no mon campmate
fa the ease this that of his grandfather. They weft
asked to prellOeuee, In regard to that Boglishroaa, a de-'
lento, of bastardy, and by reason of that bastardy he
would be isaapato of seemed's( to the Scotch estate.
That was an appeal to the law of Scotland, and the court
mast now give the sassier. Is his opinion the weer
tithe law of Scotland to this appeal was, that it rims-
wised the status of legitimacy which belonged to Maunder
Livingstone. Whatever might be said of the tradability
sil these maniere, they had at lust this tea-
pertain legal quality and effect, that if allowed to run their
DOWN without challenge obey gave to the children a statue
id legitimacy of which they could sever afterwards be
deprived. It was alto argsed with great forte that
math martlages were by the low of Scotland illegal,
sal ems lemetrous, and that they should sot abstain
kem leggin ism the fact that If the motets bad resorted
tio this gouty the laws of this onstry would not have
deisieled trek cohabitation, bat would have satjested them
Is • eilmbel piesecreion, and that to recogniee as legitimate
the ellopeka of a ennte,oe which could be proved to have
bete st diet ohmmeter, would be In effect to rseogsise Buell
marriage tad sash miwieslity. Test part of 'he argumeat,
Om* MO* pet, waa sot to hie mind 0041111•111 Te. The
Lintvide they were featly trying was the gumbos of
s doe defender, Almada? Livingemie, who lied
met vieirtail Me laws of Becittsad. ltdid set fellow beetessetho
Amite of mad a masesisetif is Asetisad,would sot base bees
legitimate that they were to deny the status of legitimacy
whlob the defirtidtr posiessod in his owa eca.itry The rt.
egyaitio• of that status did not neessamily, or is say degree.
Import as swore! of the comae:Ma of which be was the
taming. To peculates a decimeter of bastardy in regard
/Whim who in &silted, h a owa country, was not a bastard,
but, as the ossuary, was ia the fall posseseios of the entire
Mates of lawful children, would be to introdam a new doc-
trine as forced untie them by any principle of the law of
lhotlesed thus be knew .f. He gave Mt opiates irrespective '
litho set of ISIS. It was not accessory to call it isto tains
la this eine, for the =attar wee dissolved before that date.
At the same time the set had io application, tad gave power
tied strength to the defendant is this action, because it de-
listed such marriages a 4 to be quatiotiable by a premed-
fag by which they wt re formerly queetioaable. Out base
llde views on this am., he thought the court should adhere
is the interlocutor of the L ird Ordiatiy.
The other judge, (Lords Ivory, Cerriebill, and Dees) eoc-
cured, and the court damned accordingly.

VACANCIES,

AND PRONOTIONS IN

Sal CIiVU. Busying —Dovviarri D.ckyerd—Mr. P. W.
Moshont has been appointed third clew clerk is this dock
nerd . vier Kers. tr:atotod to Pinahrtke. The Board of
Trede—Mr. lama Lenses. erioripel Miser of hr. Majesty's
Customs at Holyhead, hos bees sprinted receiver of ends
of Admiralty for the Holyhead eisleile, is the room of
bettessat lobs Lavelle*, MM.Oredimed. Costeme—Mr.
H. Costs= We Imes sygedseed • Markle the is
irpartamit ie Leeriest Ma Thome Minfave Ms bees op-
lid • clerk is eler meet ',wham is Leeks. Iroise&
Mivitistor O!«—Thaws Is • uneasy is the Ottawa'
Illagister OMer, Dobbs, for a Jester rink, ceased by tie
Met! el Ms. Jolts Byre.. Cal., el 0 cid Hope—Mr.
illiebeed lobe Eves, clerk of Om pew at Coleskerg, bat
bees espeleted evil astmairoser sad resident respietrato
Mr the divides sad district of Cslsdss, vies Mr. W. M.
Maim ; Mr. Charles Haw, clerk el Os perm fee Viesoria,
bus bees *pp 'reed CiTli cimasisoicoser sad reddest -.pis
• tines Mr the division and district cf Cradoch, vise Mr. W.
01111111 ms. tioisessod Coyina—Mr. Cbristopker Temple hes
bus sprinted a cacao jedire of the Swam Coed of
Meybes l Mr. W. G. Farb. Ste beta appointed loverawrat
seist sad lasi for tbo waiters province; Mr. W. Morris
bees *pp) .v.t /narrowest sweat turd Anal for the
ionsSova proviacc—Cnii &moo Gowns.

OM! IX A CGATEL.—Os Tuesday a kegs eon-
Mures assemb'ed by public isolation, at the HUI Farm
r. Gamma's), ra B:amboae, 11 celebrate tb• “jettlle• "
rt., Bay. James 13,mrgeon. who ha. just attained the 46th
yam of hie ministry is this village, a ;tulle of the WM-
peados% chapel. C aliderable preparations had bees made,
Sad sham were pech ably from 1,600 to 2,000 penes, peeing
414 the anise. The public duties were soadseted bs
Sassabon of Yr. Bparpoos's family; the Be.. 0. H.
pricpsg, of Wide., brill, the prowler, aniseed by his
dee heaber (s student) sad hi. father, Is leading the
tlnolteas of the sadists. Many of the eurronadlas
Misistees ef eltral'es with their emgrestatirse,
teem meat dilemma to twtify their 'esp./A for the vestrab'e
pastor of Stambeerse saestlar. The &vainest overawe,
end the serseee, es the whole, were suitable to the CCU.
skis. The millipedes' were liberal, sod earythimp would
lave mimed off comfortably, bad sot the samba made •
say stress attack apes the Rev. Thomas Biaaey's book
"Os ashisp the heat f both worlds," which he denounced
• a epeeists of the New heretical theology." A city
pilafs) seem ensue At the elose of the sermon, a
SWIM!' rw. up sod pr.t..t.d spinet Mr, gpscitspers
Munaske is Kr Gainey, and • pews] state of enafmies
issued la lb. conprestatien. 8 este /laird, soma rhoot.d
" Beer, best " Otheracried Tura his out," be. The
Mo. gallows, however, persisted is delesdise Mr. B .
and *Waited that the design of Yr. Binary's beak was
Se prase sad laminae the eirriptural diverlse, that
"Clodlimis Is pr arable sate all things. having promise of
Ike life that now is, and of that which is to ease. (1 Tim.,
Iv., ft). He said, I chortle Mr. Bpurrteoet with having
littered • public Mahood." Is reply, Mr. 8. dogmatised
the spesker. for wishing (be it'd) to pais public unto.
tisty by mesas of his (Mr. Bpargem's) populerlty." And
la his subeasseer payer at the ems of this panful mess,
be petitioned that the Lord would forgive has rer the sin
B. had eassaitted, end melte Mot seasible of the armed he
bad dime Is sot having Ira pose priest, ly sad reproved
lice, amording to the seriptaral adv.

Lots MOSTES WHIPPED HT A WOMAN.-111•
Ballarat 71aate of Must 8. Co. toile an mantat of a whip.
piss et lretteb administered el this Mimi l• wisipper, by ea*
Leber cows .es. L-Is Monti, was engaged to prefeem at
Ow Sallassat Theatre. for Mr. Crosby. Abe giaarrellei
,Mk ht. %Wet are/Seta. 1011•441 Wm. end woe then est as
hi. wife. Wire Cressy Woke a whip ea bar epposeet,
mixed lladvw by tits bait—tbe test may be imegkeed.
1/14.4"1 new 'GT lbet Lola Moat's will met be able
6 appear for a lee, tits* ea the stage.
fAdrartiessmat.]-11wzown's PILL", A NADI-
&et bermenamear fiessemas ma sal din et WPM&
iff• Ansa& —Thwitylles we limed la miry elms as tbe
err Mews kr Me eme of wiebe, sank. rams. mil
eftiam.s. adage es ermams. 6....0.1. my. .1.
et Mem braabsre stweimme a went ems. 1,1 Him, •
la lboniallailery item" lbaselbse ist Men wee are sat. ppolismoy. isomma ef Meek et eleMet haw
SIIMUMWei ow Ile Ilmnimialealespills —Ow Watt maim
Ile wan. at lesfasm Illellawayte passandafts, 944. rmilued... sad lle. elebtreAme, Mew UM; lof A. Etas"
Abastestensple; A. Claillsy. awns; md L BIM. Maw