The Express.
London, England, 1857-08-20 00:00:00

THE EXPRESS, THURSDAY EVENING, AUGUST 20, 1857.

bat with regard to causes of greatel• intereet and
dialculty, we have yet to learn that the County
Courts are not, generally speaking, thortmedy cone.
patent and diciest tribunals. Of this no more con-
vincing proof can be given than tho ineressing fre-
quency with which these courts are resorted to, and
the rapid ascendancy that they are gaining throughout
the provinces over the Courts of Amite. Trial of
divorce canoes by jury before the County Court,
held ones a month, would in our opinion have been
a much more valuable concession to the needs of the
provinces than trial of the same causes once in
three months before the magistrates at Quarter
Sessions.

The clause empowering the husband in certain'
cases to apply to the Divorce Court for damages is
in substance to the following effect : The husband
on petitioning the court for a divorce is to state
whether he desires to have damages assessed
against the adulterer or not : if he does ho is
to state how he wishes to have them applied—
whether to his own use, or for the benefit of his
children, or in what other way—the jury to have
power, in assessing damages, to direct their applies-
' ton as desired. It is not to be denied that cases
may easily be conceived in which it would be desir-
able that a pecuniary amercementshonld be imposed

on the seducer of another man's wife ; nor don there
appear much objection to the proposition that the
injured party should have the right of praying that
such amercement should be applied in the manner
most beneficial to himself. There is obviously the
widest possible distinction between such a modified
power of applying for damages as this, and the
national opprobrium of the action of crim. con.
Through that sordid avenue lay the only approach,
for all classes and conditions alike, to any effectual
release from the marriage bond. Rich or poor,
honourable or mean-spirited, every man who wished
to withdraw himself from the yoke of a disho-
noured union was compelled to weigh the lees of his
wife's virtue against an assessed compensation of so
many pounds, shillings, and pence. This, at all
events, is at an end. Henceforth the man who wants
to make merchandise out of his domestic shame will
be allowed to gratify his wish on giving notice of his
intention. Those who merely desire to break in law,
the bond which has already been broken in fact,
will be enabled to do so without going
through the infamy of having their household
wrono put up to the highest bidding of that vile
auction—

LATEST INTELLIGENCE.

OWED STATES.

ARRIVAL OF THE KANGAROO.
(st MOTION AND NAONITIC TILIONAPH.)
onion ova OWN CORREOPONOINTI

LIVERPOOL, THUS/DAT.

The Liverpool, New York, and Philadelphia iron
screw steam-ship Kangaroo, Captain Jeffrey, arrived
in the Mersey this day, at eleven a.m., with one
day's later news from New York, her dates being
6th inst.

She has brought 160 passengers, and 51,000 dol-
lar. in specie.
Heavy rains have occurred in several parts of the
United States.

From hal/en we learn that Governor Walker is
still encamped at St. Lawrence, and that his forces
are increasing.

The Legislative appointments give 10 members to
50 counties, and 42 members to 17 counties.

Mr. Dobbin, the late Secretary of the Navy, died
at Richmond, August 5.
There have been diautrons gales at Newfoundland,
and upwards of 200 fishery boats lost.

Nzw YOBlC—Money unchanged, and commer-
cial affairs the same as at the departure of the
Asia.

Nzw OILLZANS, Ato. 4.—Cotton firm. Freights
slightly advanced.

surprise among tho enlightened part of the public,
and that feeling will predominate abroad with all

those who )mow with what reserve and even
timidity the ministry endeavoured to interfere with
the old law on the subject. The principal charac-
ters of the propositions brought forward by the
' government are still so far behind the spirit of
tolerance and liberty which prevail in many coun-
tries in Europe, that astonishment is expressed that
the modest reforms proposed could have been pos-
sibly rejected-"

THE BOMBAY MAILS.

(IT ELECTRIC TELIORAPI.)
(PROM OVA OWN CORRESPOND'

Tut EDAT.

The European and Australian Company's steamer
Jura has arrived with the heavy portion of the
Bombay mail.
The mail will be despatched hence by special
train.

The Jura left Malta on tho 10th instant. She
brings no passengers.
The Indus, which is shortly expected, will bring
home the heavy portion of the Calcutta mail end the
Indian passengers.
The Jura remained at Alexandria until them was
no chance of an Australian mail arriving there, and
then left for England. The Bombay portion of the
Indian mail having arrived at Alexandria just as
she was leaving, she brought it on to Southampton.

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS.-THIS DAY.

The Bezezzit took the chair at a quarter past 12 o'clock.

On the motion of Lord STANLZY, certain returns were
ordered relative to the rad of tenements in the counties of
Lancashire, Suffolk. Hamper dire, end Gloucestershire.
DIVORCE AND MATRIMONIAL CAUSES BILL.
On the order for considering this bill se amended,
The ATTORNEY-GENERAL moved to leave out clams
18, for the purpose of substituting the following, viz., "Ap-
plication for restitution of conjugal rights or for judicod
separation on any one of the grounds aforesaid may ho made
by either husband or wife, by petition to the court, or to any
judge of assize at the &mites held for the county in which the
husband and wife reside or last resided together, or to the court
of quarter sessions of the peace held for the county or borough
in which the husband end wife ere or were lest resident, and
which judge of &adze and court, of quarter sessions
respectively are hereby authorked end required to
hear and determine such petition according to the
rules and regulations which shall be made under the
'Slimily of this act, and the court or judge to which
such petition to addressed, on being matisded of the truth of
the allegations therein contained, end that there is no legal
ground why the sore should not be granted, may decree
such judicial separation accordingly, and where the appli-
cation is by the wife, may make any order for alimony
which shall he deemed just: Provided always, That any
judge of sedge to whom each petition shall be presented,
m:rzfer the seam to any of her Majady's mutual or
s tst-Law named In the commission of assize or tad
priue, and such counsel or serjeant shall, for the purpose of
deciding upon the matters of such petition, have all the
powers that any each judge would have had by virtue of
this act or othentlaa"
The motion was agreed to, and the dams was added to the
The ATTORNEY-GENERAL next moved to insert
after clause 18 as above, the following : For the purpose
of hearing and deciding all applications ander the autho-
rity of this act, the judge of
also
or person nominated
by him aa &forged& and also the courts of quar-
ter sessions for any county, district, or borough, shall
respectively be entitled to avail themselves of the services of
all officers, and use and exercise all powers and authorities
which the court of amiss and courts of quarter meshes
respectively may employ, oar, and exercise, for the determina-
tion of causes end other matters now usually beard and
decided by them respectively, and the said judge d prize
or other person, end court' of quarter session respectively,
shall slap for the purpose, have and be entitled to exerese
all the powers and authorities hereby given to the court for
the hearing end deciding applications made to it; and also
the powers hereby moon to the court to make provision
touching the custody, maintenance, and education of
children, sad every order made by any judge of assize, or other
tenon, or any court of quarter acesiezw, under the authority of
this set, may, on the application of the person obtaining
the name, be entered es an order of the court, and when
sa sutured ,hall have the same force and effect, and be enforced
In the maw manner, se if such order bad been originally
made by the Court. The court shall from time to time fix
and verdant the fees which shall be payable upon all pro-
otedhip seder any application to a Judge of Airdrie or
Court of gloater masks' or magistrates under this act; and
each lees shall be received in money, for their own benefit,
by the pesosto whom or for whose um the same shall be
Credal to be id."
The motion was agreed to, and the clause was added to
the bill.

Several verbal amendments were made in the bill on the
motion of the ArroavaY:G►asa.+t..

61;a;lrlinliee;Igiealirille;;;iruck out.
The ATTORNEY GENERAL brought up a clause in
Hen of clause 19, Math* to the seperate property and
earnings of a married woman, whose husband wee guilty of
adultery.
A keg &melon mined, and a form of the clause setting
forth a certain mode of punishing the husband who wrong
tally pawned himself of each earnings, waa propceed by the
Attoneey-Gestsrsl.
One or two honourable members were of opinion that it
would be better to been this matter to the protection of the
genera law, and the Attorney-General withdrew his emend-
meat.
In reply to Sir D. NORIMYR,
The ATTORNEY-GENERAL said all women who
had obtained dames of separation under the eliding law
would be entitled to claim and enforce all the tights wofened
by this bill.
The clause was then agreed to.
[Left sitting.]

TES PRESENT STATE OF THE METROPOLITAN
IMPROVEMENTS.

This morning was Wined a report dated the 22nd
June last, made to the Treasury by the First Commissioner
of Works, in relation to the present state of the metropolitan
Improvements under the direction of his department. Copies
are also printed of correspondence between the commissioner
and gentlemen entrusted to report the progress of the
various woke. From the abstract of the correspondence,
"it will be observed," wriW Bir Benjamin
"First, ae respects Batteries-pi* that the sum of
69,9091. 16s. is required to complete the works comprised in
the serer estimate of 1847 ; end dr that amount is ex-
pended, she eras upon that eMbnate will amount to
111,0851.65. 11d. Bsosd, r rommde Chelsea-bridge, that
the sum of 34,5031. 41.111 L Is umbel to complete the works
comprised in the mild after et 1852-53, end when that
amount is expended, dm =NO upon that estimate will
amount to 23,7661. Ir 1111. Thrl, as regards Chelsea em-
bankment sad the ant Ira the now bridge to Monte-
street, that diens ed2llsBl. Bs. 6d. is required to com-
plete the rift* Ihe west ad of Chelsea /lc:spite!, corn-
y/ma toes Now who, of 1852-53 ; and when that
ameent y espeadeds the rear upon that estimate will
creel to 12,1871. to Id. Fourth, as regard* the Pimlico
hopeivemente, Or re ere of 27,8101. 0.. 6d. is required
to complete the weeks according to the act of 1863 ; but until
the conipirica etas improvements, the err of the land
sal b. i b be leaned:end to the commissioners of land
01011111111 b Mier ihe 7th section of the act and the Treasury
arab et theft Jialy, 1863, cannot be oecertained. If,
leaner, the edge last fell short of 51,360 t., the deficiency
ea love to be edienre provided for. Fifth, se regards
as new street trout Spitalfields to Bhoreditch, that
as se. of 72,0001. to required to complete the works
Meefirked in the revised estimates of 1860 and 1862; and
den that amount le expended, the excess upon the re-
vised eatimatee of 1860 end 1832 will amount to 20,4671. Os. ld."
The right hon. baronet urges that the best course will be to
obtain a grant of mosey, for the wpm of closing these
matters, and that he should be instructed to realise, as
speedily as possible, the value of the property which will
remain at the disposal of his department after the completion
of the works. He is confident that the sum so to be re-
ceived will exceed the total of the amount required to com-
plete the above-mentioned undertakings (170,512!. Bs. 9d.),
and " leave • very considerable surplus towards repaying the
sum of 280,000!. advanced by the Exchequer Loan Commie-
Bionics far the formation of Battersea Park."

To-morrow evening Mr. Griffith will ask the First
Lord of ths Treasury " whether her Mojeetj a gov element
are disposed to make provision for a retiring penrion for
Dr. Hind, late Mellor. of Norwich, now that the retiring
asaslos granted to the late Bishop Blientield of 6,0004. per
annum his fallen in."

Mr. Coninghani intends to bring the petition of
lb. F. B. Bellolacel (Auditor of the Duchy of Lancaster),
NM the mad vois it of the select comwittce, under the
eenakleratioo of the house, early next session.
TSUI BISHOPRIC OF SIERRA LEON/L.—Au Official
pestle sauouseasent, which appeared In the Expreve
. .

yesterday, mates that tie Queen ba; appointed the Rev. J.
Bowen, LLD., to be bishop of Sierra lease, In the room of
the Right Rev. Dr. J. W. Weeks, dimmed. The bishop de-
signate is rector of Orton Lougville with Botolph-bridge,
sear Peterboroarlt, to which living he was preeentedln 1853
by the Marquis of Hardly. The diocese over which Dr.
Bowen will ham to preside, comprises the coast between 20
degrees north and 20 degrees south latitude, emerging of the
minks el the Citable, Sierra Leone, and the that Cwt.
supsaaawit ts worth only 9001.1 year: the s.
waft NM a yesr ea °oboist chaplain, end 400 i. am
latistpsporty. The new bishop will be consecrated is •
ata aft by the Archbishop of Canterbury, and in a few
mididlitemneds will proceed to hie distant diocese.
Oat kW Item of news in the letter of our Calcutta
atismstisat will be read with melancholy interest .—" The
naintion it AUahated has bees destroyed by
s mglier. All the bases burnt, the pores plundered,
Med may, saisrstas, an, all yam Loss 12,0001.!"

The Rev. T. Bin is suffering from continued
over-exertion fa the diere of hie public duties, ao as to
render it Hedy inindieless that he rhould for the present
memos them. His physicians are unanimously of opinion
that be fa Rot the matiost deny organic disease. The mem-
bers el Se Welsb Lew shwa have eillontionately intimated
li le Sir hair Oh, iddle hey ettl be lumpy to see him in
noteslowal plan It be my hel able to occupy ft
wsk esodost to bininde, dry neolved that arrange-
ments ebelt be wade hr Me =ply of the
_pulpit until the
end of the yew, end kap; If nemenery.—Chrirtien Timers.
FIRE AT Brosseoves.—A fire broke out on
Saturday night in he bum* mead of Messrs. Latter end
Morgan, melt mamehtesrerta fletund-street, Stonehome,
whereby the wish dee eathelvesiroapremisre occu-
pied by that Som, sad by hum. end Holberton,
government emstreetore, wasentirely

LAW INTELLIGENCF.
THIS DAY.

COURT OF BANKRUPTCT.
(Before Mr. Coamiationer Fans.)

IN RE TAM WELO,II POTOAI LTA!) ANL COPPED MINING
COMPANY (LIMITED.)-CUMIZZ OF CONTEMPT OF tollty
IT 711/1 PENNT PAPIII2.

Thts was tTieneeetitigTosettls the list of shareholders or
contributories. It appeare that the court has power to make
a call beyond the .mount of the shares, the company not
having been registered under the Limited Liability Act,
until a few most!), ago, when the bulk of the debts had been
cositracted. A list of some .iuty shareholders had been
prepared by the ofliehd liquidator and the solicitor conducting
the proceedings; and notice had been sent to each of these
gentlemen that unlearn calm were shown to the contrary,
they would be definitively placed en the list. Meantime this
conditional list was published in one of the penny papers, the
result being to inflict serious injury on several a the 'Artist
concerned. The matter was now brought before the atten-
bon of the court.

Mr. Haniatin, the solicitor under the proceedings, asked
that the list might be settled in private, as gre►t evils would
result from a public proceeding.
Mr. Plows, representing a contributory, who admitted
himmlf to be such concurred in this application. A list of
supposed contributories bad, somehow or other, found no
wa/ into some of the papas, and had done great injury.
Mr. Harrison said he understood that eons party attend-
ing the court had obtained the list mid published it in the

could he do that i

Harrison Mr. did not know, but a;epublication was calcu-
lated to do infinite mischief, and waa a very improper pro-
ceeding.
The Commisaioner—l don't know how it can have been
done. I have no recollection of ever hating peen such a list
of persona liable.
Mr. Harrison—lt was put upon the file, in order that the
advertiaenost might isms.
The Commissioner—What was it a list of
Mr. Harrison—Of contributories.
The Commissioner—That ia, a list of those whom you
insisted were per persona to be plaid on the list of con-
tributories. I have no recollection of any such document
being tendered to me at all.
Mr. Harrison—lt was not tendered to you, but was merely
brought here and filed with the proceedings.
The Commissioner—lt seems to have been a little irregular
to filo it with the proceedings at all before some COW...MIL/Ct.
tion had been made to the parties. Would the Master in
Chancery have allowed such a proceediingl I should like to
see this document. (It was handed up.)
Mr. Harrison—l followed the practice which bee been
hitherto adopted in Chancery.
The Commissioner—l see the form is for the gentleman
who acts as solicitor to the official liquidator to make oath
and say " that the schedule hereunto annexed contains
list of persona whom he thinks are contributories" TtAt
certainly is not a document which ought to have been ',t.
nee of by the press, without application being mad., to the
court.
. . _

- Harrison—l must do the justice to sorer of the
regular par", to say that they stated tb.,, fact of a ltd
having been prepared, but refrained from swing the names,
on the ground that such publication wou'.a be
Mr flews—l don't think that the 'list was publi,htd to
any of the regular papers, only in s' me of the irregular one
—the penny ones. (It may be viell here to state that the
publication complained of was reply made in one of the penny
papers, which has no regular representative in this
court, but obtains its information from a class of
potions known es " Seers," who are without
responsibility for Vaat they write. The evil mime
from allowing sues person. to have access to the
records of the cm..rt. In this cue, there is reason In believe
that the list wee obtained surreptitimuly, without the know-
tele of any Une connected with the court.)
The Consmiaaioner—Unlere complete secrecy is refereed,
both by the Coot and by those having the conduct of the pro-
ceedings, there is nothing to prevent such • puble mien.
Mr. Harrison, I always understood the rule of the meet to
I be that no person should see those proceedings.
The Commissioner—So it is, and if say application had
been made, I should certainly have mined it. Still that
who prepared the document could just as well have tem-
mumeated it.
Mr. Harrison—l am quite sure it was not communicated
by me ; and it was prepared by me.
The Commissioner—Well, there is no help for this now.
Mr. Herrison—l only drew your attention to it, in order
that it may not occur again.
The Commissioner—That seems to assume that it has been
through this court that it her been obtained.
Mr. Harrison—lt could not have been obtained elsewhere.
There must have been some negligence on the part of !owe of
your offieers.
Mr. Pleas—l do not suggest anything of the kind. I
believe it to be obtained surreptitiously, by some person not
attending the court as the regular recognised reporter of 1114
W per.
The Comminioner—l ern convinced that it has been got
without the officer of the court being put on his
guard by being asked for perminion to look at
such a document. Mr. Whitehead (the registrar) very pro-
perly reminds me that there is a means of checking Imperil.
sent curiosity, which might be very effectually resorted to in
these eases. The rules of the court require that s party who
wishes to search any proceedings shall pay a shilling for
doing so. It is the duty of the officers to Mdst on thin pay-
ment ; and I should think this would bee temidable objec-
tion to the else of parties referred to. (Lan .ghter.)
Mr. Harrison—l will mention the ones I now propene to
adopt. This list has been filed ; there are upwards of sixty
names on it. Every person whose nacre is on the list has
been served with node. of this meeting and that his name
has been put upon the list fee • certain num-
ber of shuns. Whet I propose Is, that the
meeting shall be taken in private in another
court, and that etch name shell bo called over sepa-
rately. If the party does not appear, then, upon produchen
of some evidence that he is a shareholder, or holds shares,
his name shall be put upon the list then and than. Where
there Is a dispute as to the liability or the number of shares,
the question may be submitted to your Honour.
The Commissioner—When you bring forward any name,
' you must show that the party has received notice.
Mr. Harrison--That I done by affidavit, as affidavit
I in accordance with the practice of the Court of Chancery, and
I the notices have been sent in accordance with that practice.
The notice of this meeting has also been advertised is the
Goaelie, and in the daily papers.
The Commiesioner-1 think those are all the precaution.
which it is necessary to take.
Mr. Plows—On the part of the shareholder whom I re-
present, as soon as the list has been gone through and
settled, It will be my duty to ask for en investigation
into the circumstances under which, out of 20,000 share
advertised as being issued, only 13,000 appear on the
list. Ws wish to know what has become of the
other 7000 sharesolse why the parties ventured to com-
mence hmilmmseni Is upend 20,0001. or 30,0001., without
having dr prqsranommt of capitol paid up.
The Ossmialenar—ls it required by the law of joint stock
emonnien, ghee Weiner shall not be commenced without
mum of the shares being taken up?
rlawo—ln the prospectus it is stated that the
multei tall be 100,0001. divided into 20,000 shares.
The Ouneniasioner—Then you waked that it would be
incomiddat with the prospect's' to commence with a capita
of 93,111M1.
Mr. Piers—Not only the prospectus; I also refer to the
deed of settlement t f the company. This is a comma,
ertablished on what is called the cost-book system; and I
shall show. that great mischief has been caused by their
not following out that principle. Upon that spine
the purser of the company is required to ley before the slum
holders, at the commencement of each month, an estimate al
the coat of working the company for the ensuing month, and
that amount is then to be provided.
The Commissioner—lt is on the ready money Mhos,
then P
Mr. Flews—Yes ; that is the true principle of the con
book system. That principle has been wholly diertearded is
this case, and the shareholders have been secritii-ed west fright-
fully. 1 shall ask your Hamer (for you bare the power 0)
do it) to throw the consequences of this mismanagement ea
than who have been the anthers of it.
The Commissioner—Very well ; that will be a matter for
further consideration, At present, I think the best
course for all interested, will be to go into the other
court, and as soon as you come to some point on whip h there
is • difference of opinion, let WC know, and I will decide it ter
the best of my ability.
The petite then retired, and the composition of the list
was diseased in private.
IN NE 1141: LIAITINON OLD DANN.
This was an application made under the bankruptcy or
Smith, Milder, and Smith, the partners in the Hastings 01d
Bank.
Mr. Bagley (instructed by Mews. Sole and Turner) a
behalf of the separate creditors of Francis Smith, the sent
partner in the firin, eked ler the eipnintuient of an inert'
tor, with authority to look into the procceator
of the mignon. The ground of the epplieaka
was that the interests of the separate arediters
were different from those on the joint estate. It use
ported by the affidavit. of Mr. Holier's, land sod estate
agent, of Thmgmorton-street, and other large KW°.
credirt."L Mr. Doria resieted the application on the part of the
asaignees.
After honing the arguments,
His Honour made an order for an in/peeler to be chomp M
' the separate eroditore,—inspertor to have full liberty of be
elerlwm so far as the interests of the eeperate creditors es
' concerned. Ills Honour declined to enter further into the
question of the powers of the inspector.

IN RR ASHER STERN.
The bankrupt was described as a waterproofer sod clothier.
of °cage-ores, Mirtoriee, now of the Queen's Broth priers.
This was the &eke of astigures. The bankrupt is the Puti
against whom a charge bad been brought of destroying br
own promisee by fire. On this charge he wu tiled sod
acquitted yesterday. Ms liabilities are betweeen 1,0001. sai
2,0001.; meets of trilling mount.
Mr. John Badger, warehouaeroon, of Greebsta-stneelt
w" chases trade sasigure. Mr. Catlin is the solicitor
under the bankruptcy.

SHARP FRAcricE.—ln the Crown Court, oil Fri-
day, Mr. Ferguson, a medical gentleman from Bolton, whgh
passing to the witness-boa to give evidenee, had ha et
picked of a valuable gold watch, and this the very
the judge, the lion. lir. Baron Wation.—brerFeei
Pat.