The Express.
London, England, 1867-06-13 00:00:00

residence in the parish before publication. It could eat
be doubted that it was the intention of all the p irties t.
the marriage should be valid, and nut a were sawn. yea
Koerber would benefit by it socially sod pecuniarily, and
there were very peculiar reasons why hate
Mrs. Nostra and her daughter should trier
the marriage to be real and binding. It cauld out be amp
posed that the mother wished her daughter to live in ee,;r.
tery with Von Koerber, or that the priests Zerhi and
Nagy would knowingly have been guilty of any breach of
daty. The condition of all the parties cemented was
strongly in favour of the due publication of the hams, amp
there was no reason to think that they were iguanat of
the requirements to be fulfilled in the matter. He also
thought that all surrounding circumstances pointed in the
direction of a due public-von The only living witness
on this point was Lady Slade herself, sad ,t
was impossible not to see that, without any
intention to speak untruly, her evidence was erroneous
sonic important particulars. Having examined at ma,
length the evidence as to the question of revidenee, the
learned baron said Laity Slade was contradicted by the
" exhibits," to which he attached peat weight, eqecially
the certificate of Zerbi, addressed to Feld Superior Nae,
stating that there was no impediment, civil or cantonal,
to the marriage, and the copy of the registration ,e ea,
marriage signed by Nagy, who performed the ccie-
mony. He could not conceive that these two prit.,,t,
who were entire strangere to both of the parties would
have incurred liability to punishment or auspension bore
office without any conceivable object or from sheer indif-
ference. Zerbi appeared to have been a moat couecientique
priest, but hie certificate would not be true if the banns
had not been duly published. Upon these grounds he
thought tho irresistible inference from the fads was, tlat
the publication of the banns, which was an mete
tial element in the validity of the marriage,
was not lost sight of, and that they were pee;
lished in the proper manner. With regard to tee
second point, the competency of Feld Superior Nagy to
perform the marriage ceremony, there was a direct conflict
of evidence amongst the skilled witneetes as to the effect of
the Austrian law on the subject, end the court must
determine the question fur themselves. His lordship thin
referred to the Austrian code, and said that he came to
' the conclusion that Nagy was the " curator anima= of
the bridegroom, and was therefore competeut to marry
the parties, observing that if he were not so he could
not help thinking the marriage would have been
questioned yews ago. He had not arrived at this *ohm
without anxiety and regret, and should rather have de-
sired that the acknowledged son of the late Sir Frederice
Slade had been held to be his heir, but he was not able to
regard the case in any other light than he would have
done hail there been children of the Koerher-Mostyn mar-
riage, and the question of their legitimacy had arisen. It
was, therefore, with much regret that be pronounced his
judgment upon both points in favour of the plaintiff.
Mr. Baron Bramwell, remarking that the question hail to
be decided entirely as a matter of fact, said it was clear
both parties wanted to be married, and that there was no
impediment to the marriage, and no apposition to it by
parent or relative. (In the contrary Mr,. Mostyn approved
of and gave her consent to their union. There was Hoak:
clandestine, nothing hurried about the affair; everything
was open sad straightforward ; the ceremony took place
in a public church, in the presence of many persona, and it
was preceded by a marriage contract execute.' in a formal
manner, nevertheless it was said that through seine
blunder or ignorance the parties who clearly iutended to
be married were not married. The defendant's came de-
pended upon the evidence of his mother, Lady Slade, and
even if her answers were all straightforward and encomia-
dieted in every respect he did not think it proved that the
banns had not been duly published. But the documents
connected with the marriage contradicted her on most
material points, and he felt he could not rely upon bee
evidence, In short, the conduct of all the parties was in-
consistent with the case set up by the defendant, and with
all the desires and wishes of the contracting parties. He
was satisfied that the objection as to the banns failed in
fact. The learned judge next dealing with the second
question, expressed his opinion that Nagy wee comeeteld
to perform the marriage ceremony. For these reason he
thought that the objection to the validity of the eat
marriage bad not been sustained—that it failed, in fact.
and that, conaequently, the second marriage was null eel
void, that the plaintiff bad established that the Ide eu
Frederick Slade had left no belie male, and that lie ins
therefore entitled to the judgment of the court.
Mr. Baron Martin went at great length mer the eri
derma of Lady Slide with respect to the publication of the
banns, and said he thought she had not only spoken the
truth, but had been corroborated in a remarkable manner
by the documents in the case. His sincere and firm brief
was that the banns had not been duly published, end le
thought that this fact was known to Nagy' when b.•
married the parties. That being so, an essential elemeet,
according to the mortmain law, to the validity of the mar-
riage of 1823, was wanting. With respect to the comph•
tency of Nagy to peform the oeremon7, he expressed some
doubt, but said he was of opinion that Zerbi, the
priest of St. Babyla, had given him no &lc-
gation to perform it. Mr. Baron Martin, then
speaking for himaelf, protested aping a case of
this kind being brought before a court of law again,
observing that • jury was the legitimate tribunal to
decide matters of fact, and that when judges of the supe-
rior courts had to determine them they often took diffe-
rent views. He believed that why the decisions of purrs
gaul"vennofacretaasanwerafo;leatteidr satisfactory was
wall
Lahecaugh renaer. tip
gave no resaan for their conclusions. iLaiuuhatrr.) lie
was of opinion that the defendant was entitled to tie
judgment of the court.
defendant,TheLo Chief Baron's judgment was is favour of tie

The judges being equally divided, the court would
pronounce no judgment, but if the plaintiff &tired
it for an appeal, Baron l'igott would withdraw his jolt
went.
It was agreed that the plaintiff should say before tite.od
of the term what course he would adopt.

COURT OF DIVORCE AND MATRIMONIAL
CAUSES.
(Before the Judge Ordinary.)
DICKIXWoIt r. MCI:WM.IN AND lELLnr.

Mr. A. Staveley Hill for the petitioner. He was a car•
pouter, and in 1852 be married the respondent. In 1,7)
he went to Australia, and on bit return he found ha
cohabiting with one Yellop, a sawyer.
Decree Mai, with costs.
TRIM O. TRIM.
Dr. Spinks for the petitioner. She was the wife of a
Wesleyan echoolinaster, at Cardiff. On the .nBll ofJuly
1863, he married her in Devonshire. After living with
her a short time he returned to Cardiff to Like a
house, leaving her in the meantime with her friends.
In the following September ho invited her to join hia
and when she reached his house she found that he hid
another woman living with him, with whom he hui aim
gone through the form of a marriage. He was convict il
of bigamy, and was now undergoing a sentence of IN
months' imprisonment for the offence. Both women hail
each had a child, but the petitioner's was dead.

Decree nisi, with costa.
PoRTH v. FORTH.

The Queen'eAdsocate and Mr. Cooper for the pet itionm
The petitioner in this case was Mr. Charles Forth.
a Baptist minister and registrar of births and death.;
Buford, near Nottingham. He sued for a separation"
the ground of his wife's cruelty, and she pleaded a car.
allegation to the same effect.
[The case was proceeding when our report left.]

COURT OF BANKRUPTCY.
(Before Mr. Commiasioner Holroyd.)

IN RE LADINLAs COUNT SZTAILAY.
The bankrupt, an Hungarian count, was deAcribed m. f
Church.place, Jerrnyn-street, not following any OCCuratin
or profession. The adjudication was made on hi+ own
tition about 10 months since, but hitherto no accoo+
have been filed beyond the prelimin Lry statemei,t, wk. h
shows debts of about 1,500/. At the last sittilig an 14.
journment was ordered to give the bankrupt an °mammary
of arranging with his creditors. The proceeding*
purely formal, and a further adjournment was now ur.leroi
till the 7th of November.

IN Itt. C. C. NEIRON.
The bankrupt was described as a shipowner and ibis.
ping and insurance broker, some time trading under the
firm of " The United Steam Towing tolulwaY."
of
Botolph.lane and Old Keut-road. This war, the tatting
for examination and discharge, but no accounts have been
tiled beyond the preliminary statement. which chows un•
secured debts of 8,0171., and about 4,00. due to creditors
holding security.
It appearing that proceedings were going on in Chanel'
on the result of which the bankrupt's accounts
depend, adjaurrinn.nt was ordered.woald
(Before Mr. Commissioner Winslow.)
IN RR H. H. ei:egirr.
The hankrupt, a solicitor in Moorgite-street, applied for
his discharge from debts of about 2.0001.
Mr. E. Read, for the assignees, offered no otipewition.
Mr. Hyde, who appeared for a trust estate, fur which
the bankrupt had been trustee for 21 years. stated tf
tha a
discrepancy between the accounts of the hankrupt ard o
those who now represented the estate had lien adjugni,
and it had been agreed that the bankrupt should he allowed
100/. for his management of the eat de.
Mr. Doyle, who appeared for the bankrupt. said that hr
was under the impression that he was rntiticd to a noir'
larger amount. He did not dispute that as survival(
trustee he was liable for about 7:101. due to. the estate.
His Honour said, a the oestni que trusts were satisfied
and no creditor appeared to °Nee.... there was no row.,
why Mr. Beckitt should not have his order of discharge.

•
THE BCOTCHMAN AT THE DENTIST'S.
specimen of Dundrearyism is attributed to a Scotch el.,
of the last century, who on visiting a dentist, and Is,
placed in the patients' chair, was requested by the or.
for to allow him to put his finger into his mouth, :
which the judge, with a distrustful look, said. ''
you'll bite me." The confusion here in the speaker'' rs%
is obvious. He knew that if one man's finger is put zit
rr
another man's mouth a bite may ensue ; but he
correctly see which of them might bite, and which of ti
be bitten. It was told afterwards of a descendant of
worthy person as a proof of heitditary similarity of islet
that when canvassing for the representation of a Sec'
county, he refused to take a glass of wine from a voter 0,
the ground that it wouldbc trcat iztg.—NurtA /IMO •4 •
Juno number.