The Express.
London, England, 1861-01-25 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before Vice-Cluiseellor Vic
EARECY r. BOMIAM. —DOMIEII IN GAVICLICIND LANDs.

Wood.)

In this cam a question was rallied of great ini to
landowners in the county of Kent, whowhether or sot
the Dower Act of William IV. extend to lands of gavel-
aid teunre. The circumstance* of the use were
theme. Mr. Bonham, in 1844, became the purchaser
of mivelkind lands in Kent. These, by deed
dated 30th March, in that year, were conveyed
to him to the common tee* to bar dower ; but no declare-
non that any wife of the purchaser should not be entitled to
dower was cattails's] in the conveyance. At the time of
the conveyance Mr. Bonham was a widower, but
in the year les% he married again. In ls,id
Mr. Bonham died, leaving his widow surviving,
and without having dealt with the property in
question either by deed or will. According to the general
law of dower as settled by the above statute, Mrs. Bush am
thereupon heecine entitled to dower in the lands in it es -
Um, notwithstanding the uses to bar ; but, assuming that
the statute del not apply to gavelkial lands, she did not he-
roine so entitle.l. The parties interested iu the property sold
it uutkr order of the court in the above suit, assuming that
the statute of Wm. IV. did not apply, and that no right to
dower existed in the endue. The purchase.., however, took
a coutrary view, and insisted that the widow must join in
conveyancing to him. The point was argued between the
vendor and purchaser and now came on for judgment.
Mr. B. Perceval sod Mr. Roden appeared in the case.
The Vice-Chaneellor said that the point was
a very nice one. It depended os a considers-
tiou of tae 06,1,1 e of the Dower Act mad et the words of
that art. Now, the general object of the Dower Act was
to get rid of the insecurities and difficulties which the nature
of dower, its capacity of attaching 4, and its difficulty of
removal from estates, threw around the titles to real
property. Those difficulties extended to gavelkind
lands as well as to land+ of other tenure-- the remedy
.4 the statute would be beneficial in that as in other
instances. So far as to the general scope of the statute.
Them the evil being to be remedied in guvelkincla as in
other lands there remained to consider whether the words
of the Dower Act were wide enough to cover gavel.
kiad property. Turning to the statute, and observing the
wording of it, it was impossible to say that the
terms of it would not cover gavelkind lands. True it was
that the expreasion, lands 'of any tenure—an ex-
pression used in the nearly contemporanecnis Fines
and Recoveries Act—did not occur, but it would
he fraught with danger to hold the omission of these words
limited the effect of this remedial act. Upon the words,
then, as upon the spirit, he must hold that the act did apply
to gavelkind property, and that Mrs. Bonham was come.
quently in this case entitled to dower.

COURT OF BANKRUPTCY.
(Before the Beeler Commissioner.)
RE DICKINSON .%XD CRRIGUTOR.-TOTAL REFUSAL OY
CERTIVICATI.-JUDGLEXE.
. .

The bankrupts ;ere awn ufact---urers in the City,
whose application fur certificate was heard • few days
aims.

Nu Honour now delivered *genet. He meld the
lankrepte in this case were shirt and collar manufacturers,
and carried on business for eight months. This was an
application for a certitimite. It was opposed on several
grounds; first, on the ground that the bankrupts being
shirt manufacturers, bought goods for several persons, and
instead of using them in their trade, as they stated to the
sellers they would, they sent large quantities of goods to
auctioneers as a security for money borrowed on bills of
exchange, giving them the power to sell if the bills were
not paid. The bills not being paid, the auctioneer sold
them at a heavy loss. This cam appears to me to be similar
to the case of Exmrte Coleman, in the matter of Cole.
maul (3 De O. and J.), and I must refuse the bankrupts any
certificate. It was also proved that Dickinson made false
statements as to the capital of the partnership, and it was
also proved that false entries were made in their books.

RE vices —UN ROM: NATE RAILURX.
This was an application for certificate by Thomas John
Nicks, of Worship-street, mat merchant.
Mr. J. B. Sorrell, of Nark-lane, appeared es solicitor to
the petition ; Mr. J. C. }trough for the bankrupt.
Mr. ftrough represented thiscase, if not wholly, at leads'
one partly of unavoidable loss and misfortune. No assignee
bad been chosen, the person who presented the petition
having declined to accept the office. The accounts pre-
pared by Mr. Climes appeared to be satisfactory to all the
creditors, as not one was present to complain. In Novem-
ber, 1859, the bankrupt was in possession of a
small surplus when he was arrested on a cri-
minal charge of receiving stolen property. This the
assimioe of counsel to cell the proper witnesses on his
Mb& he was found guilty, beteubsequently received a full
peados from the crown. However in the meantime the see-
ms& so waismanagel his busioess that he was ruined. With
respect to the bankrupt Roberta he had trusted him when
be was in good circumstances, but during Mukrupt's
maim a fire took place which had brought him to
poverty. Ueda. these arcumstances ho trusted a certificate
of the second alms would be allowed.
elms.
The Commissimser granted a certificate of the second

THE POLICE COURTS.
(THIS DAY.)

SOUTHWARK.
SINGULAR FRACAS L's THE IiALOoN OF THE VICTORIA THEATRE.
Mrs. May Ass &ark the wife of the proprietor of the
Rifleman Tavern, Battersea, appeared before Mr. Sunburn,
on reared, charged with assaulting • respectable Young
female named Jane Ford in the saloon of the Victoria
Theatre, by throwing a glass of ale over her fa,* and dress.
Mr. Frank Towers, the acting manager and tea of the
loose of the theatre, was again in attendance to watch the
proceedings. It appeared that on the evening of the Bth
outset, between bor 9 o'clock, the complainant was as.
misting behind the bar of the box saloon in the Vie.
tors Theatre, when defendant and her husband
came to the counter and ordered • pint bottle
of ale. She supplied her, and when it was
poured out defendant complained of the quality and
complainant offered to change it. While the defend-
ant's husband was holding the glass of ale up to the
palight she snatched it from him, and making use
of rather mime language threw the whole of the contents
into the complainants face. The evidence of the bitter was
corroborated by Mrs. Cproprietress
lark, the of the saloon,
when Mr. Searle, the husband, asked for an adjournment as
be could bring forward witnesses to prove the contrary.
Mr. Surcham accordingly remanded the came.
Mr. Robert Hewbridge, oilman, Lambeth-walk, was now
called by the defendant, and he said he was in the saloon
with a neighbour named Sterne, mod he saw the defendant
and her husband at the bar, and he heard her complain
about the ale. While her husband was holding the gime of
ale up to the gas-light, the defendant snatched it from him,
sad in hastily putting it on the counter, some of it spilled
over and went over the complainant. He did not think she
threw it wilfully. The complainant was exceedingly civil,
but Mrs. Searle was in • very excited state. Her husband
tried to soothe her.

Herrington, S 3 L, the constable doing duty at the
theatre, said that the defendant was very violent, and
at the station-house made use of language quite unfit
for a respectable female. lie did not see the assault
committed, but when he was called into the saloon he saw
Miss Ford's face and dress adulated with ale.
Mr. Hardie:a said be bad Do doubt as to the complain.
ant's testimony, which was corroborated, in tact, by the
defendant's witness. The conduct of Mrs. Searle was very
unladylike, therefore she must pay a tine of 10a. sad
costs.

THE ROAD MriDEß.—lt is arranged that cause
will be shown in the Court of Queen's Bench, on Wednes-
day next, on behalf of Mr. Sylvester, the coroner for the
county of Wilta, against the rule obtained by the Attorney-
General for a writ ad methyl inquirendum, with the view
to the appointment of a special corarninion to investigate
the circumstances convected with the murder of Francis
Saville Kent. Sir Fitzroy Kelly and Mr. H. T. Cole are
retained on behalf of the coroner.

A correqxnuleut of the Imifroulaw, hap; :
" The relations between the French government and the
Holy See are very cool, &M are not likely to implore, if, as
is reported, a brochure is about to appear in Paris under
very high Intl, osage, cont.oding for the establishment of
the Papacy at Jerusalem."

The I'harirari contains a caricature by " Chain,"
representing the year IEISI as • baby in leading strings. A
classicaLitaking lady, with sword and buckler, whose name
is "Frame," stoops, with benignant interest, to look at the
infant, and says to its nurse, "1861 begins to speak, but
rather indistinctly, I think." The nurse replies, " Wait •
little—he will soon speak more freely." This is the Arat
politica! caricature which bag appeared in France sinus Dec.
2, 1851.
The Nortria,b, of Kulri.l states that the law
authorities havii"A instituted an investigation into the con.
duct of M. Peon, the palace functionary (be was, it may be
remembered, moused the other day in the Congress of hav-
ing bees engage! in a treasonable correspondence with Don
Juan, and was railed to Oviedo), a warrant for his arrest
au issued ; bat that when officers went to take hint it was
found that he had ded. The 40,000,000 realm paid by the
Moors MPS expected at Cadiz.
AFRICAN .3f stcs.—The African mail steamer
Athenian, Captain French, sailed from Liverpool at 10a.m.
vest.-play (Thursday), with the usual mail. and cargo for
TeseriEfe wad the West Coast of Africs. The
Athenian also took; i.OOIM. in specie and 37 passenger,
among whom were Colonial Secretary Robertson, Commis-
sioner Rechhenr, Comptroller Gatehouse, G.C.A., Ideate-
sots .4t,v‘urt. 1:ullock, Pump*, Bmughton, uo,l Ferrell:
enuruh,,le.c.(;en,:rul Frye.., Mr,. Alexzo.:er Poach, Muss
l'attersua, kc.