The Express.
London, England, 1866-02-17 00:00:00

Y 7

Jr(

LirELLIGFSCE.

TEST

I PA

(tea ter.)
((PAIN AND THE ROMAN QUESTION.

MADRID, rp_.

It is semi-officially stated that the cabinet will
reply to General La Marmora's recent note on the
Roman question, that Spain will respect the rights
of Italy as much as those of the Pope, on behalf of
which she will constantly act as becomes a catholic
power.

LAW INTELLIGENCE.
DAY.)

EQUITY COURT.
(Before Vice-Chanoellor Sir B. T. Kindlesley.)
ROAM O. OBBOINI.—VALTDITY 01 • ?SQUIB?.
This wee • petition by the executors of • will for the
purpose of taking the opinion of the court as to the
validity of • legacy given for the maietenenes of • tomb
in • church. The testatrix bequeathed • sum of
6(4 to be investt-i in Three per Cant. Consolidated An-
nuities, for keeping in repair an ornamental painted win-
dow, placed in Hungarian Church, as • memorial of her
mother, • monument of her mother in the church, sad •
vault, end in case any surplus remained it was to be applied
in keeping in repair and ornamenting the °biracial.
Mr. liszeigette, Mr. Toiler, end Mr. Schwaben, appeared
for the executor and heir-at-law, and it was contended that
the bequest was void on the grounds of perpetuity end
anoert.inty.
Mr. W. Pearson for the lay proprietor of the church,
contended that inasmuch as the objects to which the money
was to be applied formed part of the fabric of the
church, the gift was good se a charitable bequest.
Him Honour held that the reparation of the vault was not
a charity, but that the repair of the window and monument
most be regarded in that light, it being foe the
benefit of the pablio that mural tablets or monu-
ments of any other description within the chetah
should • not be snowed to fall into dilapidation.
The gift was therefore valid as regarded the window end
monument, but invalid as regarded the vault, and is the ha-
possibility of deciding what was the due properties of out-
lay krsesign to seek object. the sum would divided into
three equal parte, the income of two-tLirds being paid Leer
to the minister and chorchwardena, and the remaining one-
third falling foto the residue of the estate.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
ware= e. ran arroltirar-ogagam, (cow= arraavgingo).
Mr. Me:IIMT, Q.C., Mr. T. Jams. and Mr. Harrison for
the petitioner ; Mr. Bourke, for the Attorney-General ;
Mr. -Temple, Q.C., Mr. Monk, Q.C., Dr. Bpinks, and Mr.
Qualm for the intervener.
This very simpler case has already bees twit s
On the first occasion a jury at Omit& in an potion of
ejectment had found in favour of the intervener ; in the
second a Lancaster jury, nee nosed under the Legitimacy
Declaration Act, bad decided in favour of the petitioner
and the case now came on upon an order for a new trial
`rged by Sir James Wilde.
The facts were bristly these : Is 1823 Km Wiwi, a
lady of property at Dalton, near Longtowo, in Cumber-
land, had three sons, and a servant, whom mew was
Betty Bell, the daughter of a weaver at Longtown.
The youngest nos, Aither, fell in love with Betty, and
seduced her. When this was discovered she was sent home
to her father's ; and on the 13th of March, 1824, she wee
delivered of a eon. Arthur Watson came over, took her la a
chains to Gretnagreen, sad mauled her; and the
whole question in the cause was whether he had dove
this a few days before or after his wife's einfleenseat.
After the marriap she remained at home foe a short tinm
sad then her husband took her to Blennerhesset, where
he opened a school. In the November of the same year
the child was taken to Longtown and alaristened
Arthur. In the following year the father's health giving
way, he went home to his mother's and died.
widow returned to se.vice and ultimately married
a balder named Graham. They then west to
Newcastle, and kept a public-house there for about 13
ycars. They bad no family, and at length separated. The
petitioner's motherthen came up to Loadoo, where she was
now a ',Andrei*. la the meantime both the petitioner's
uncles had died, and the property—the amount of which
was not stated—had come into the possession of Yes.
Cowes), their sister.
A great deal of very conflicting as UMW* was gives, and
the case was proceeding when we went to press.

COURT OF BANKRUPTCY.
(Before Mr. Oommistiouer Winslow.)
II RN FLOWZIIB.-SENTILIICII OF 110BISOMIINT.
The bankrupt, • firmer, at Witsbliegdos, Cambridge-
shire, recently applied far his order of discharge,
His Honour now gave judgment. The bankrupt, being
indebted 2321. to a Mr. Mutton who held a bill of sale,
bad, without Mutton's knowledge,i given up possession of
his farm, sold off his stock, and removed We
furniture. Afterwards, being called on for the money,
he gave Mr. Mutton a cheque for 2321. on • bank at
March, obtained a receipt, and induced Mr. Mattes is
give up hie securitiei, which the bankrupt at own home.
He even induced the confiding creditor to lead
him another 604, for which be gave a fresh
bill of sale. On the cheque being precasted it
turned out that the bankrupt had only 201 in the beak,
and Mr. Mutton then disLovered that all his property had
t3en removed from the farm. Under the bankruptey the
furniture bad ban seined and sold f0r431. The conduct of the
bankrupt amounted to a clear fraud. The sentence of the
court Tr .1 that be should be imprisoned for four mouths; bat
al the punishments set forth in the 159th section were not
*emulative, the bankrupt mast take his order of dis-
charge. The warrant would not issue for thirty days, in
order that the bankrupt might appeal if so advised.

THE POLICE COURTS.
(THIS DIY.)