The Express.
London, England, 1861-04-22 00:00:00

COURT OF PROBATE AND DIVORCE.

(Before the Judge Ordiud sary, Mr. Justice Wightnian, and
Mr. Json Williams.)

snronce ARD SHEDDER V. THE AITONNIZT-OLTERAL.

Miss Shedden applied to the court for leave to postpone
bar motion for a re-heariog before a jury.
Sir C. Creswell said the court had no need to give any
leave. If the petitioner chose to bring in her application
they were ready to hear it. If not, they could make no
order about it, nor could they protect her against any con-
sequences that might follow from such postponement.
Miss Shedden was anxious to state the reason why she
had not made the application earlier. Their lordships
would not be surprised to hear that she had been suffering
from such mental and physical indisposition that it was
really impossible for her to avail herself of the first oppor-
tunity that had occurred of coming again before the court.
Sir C. Creswell said that when the case was brought
before them, if the court found fault with the petitionerfor
being late in her application, she would have an opportunity
of stating why she had not appeared sooner ; and then they
would be able to judge whether the reasons given were or
were not satisfactory.
Mire Sheridan next asked that the papers which hail been
proved in the cause might be placed under the direction of
the court where they might be open to the inspection of
both parties. The fact was that papers had been produced
by the other side, the tenor and very existence of which had
previously been denied on oath and otherwise by them. The
result had been at woe a surprise upon the petitioners and
a deception upon the court. At the close of the trial the
court had ordered the papers produced on behalf of Mr.
Patrick to be returned to them, observing that the elder
petitioner bad surreptitiously obtained documents from
the Court of Session in Scotland. That statement,
which of course the court could only have learned from
what it had been told, was utterly untrue. Her
father had left Scotland io March, NU, and bad never
been there since. In ISM she had herself " borrowed up*
—to use the technical term—the pawn from the registres
and she had only detained them because Mr. Carment
would not on behalf of Mr. Patrick give an undertaking not
to destroy them. An action for detenoe had been brought
against her father on account of those papers, but no one
had ever in that suit dared to charge him • ith feloniously
abstracting them from the Scotch registry. She might be
peemitted to say that it was a horrible thing to feel that
her father's reputation had suffered through the weakness
of her advocacy. Hut it was a great comfort to know that
his character bad not suffered with those who knew him.
Sir James Matheson had written to say that, if neoessarys
he would corn, forward and state upon oath that he
(Mr. Shedden) Lad always been known in India and Chula

I. 3 ,on of the meet scrupulous honour and integrity. I
fitter just left the prison in which be bad been
d for loin years and a half, and would now be able to
Atrial peramells to his owe interests. She wishes.' further
keee whom be should cite in the mom of Mr. William
l'su L. who had died in February last without leaving
...At .4 kin. Wis. Sheillen concluded with an eloquent
to the ...lid to allow her au opportunity of removing
0101.1 Which had been cast upon her father by the
•itieseas by which their lordship.. had been inimical.
tic I. Crew/ill apprehended that there were three appli.
4411. as before the court. As to the first, that for have to
1....tr0ae the application fur a re-haariaar, there me no oeca-
n t.• fluke it 'whatever. The court had nothing to do
..th it If the petitioner was advised to make her
..10...ti0n on • future day, the court would deal
a al. it in due course. If objection was taken
I It oa the ground that it was too late,
C.c —lit would also, have to dispose of that question : but
a • i not now make any onler on the subject If the
. • • r I.ostiemell her applicatioe, she did it on her own
s to the second motion, that with regard
the #ledotly of the pipers, the court had no jurisdiction.
. 1s tition was at an end ; final judgment had been pro-
,- ; the court hail ordered the documents to be
up to the parties to whom they belonged,
i then had • rij,fit to keep them. With reference to
I].. tatirme of other parties, the same answer must be given.
orse was adjudged, there was nothing before the
, Jr. and there was no person who could be cited to hear
If an application were hereafter made for • re-
• and the court should think fit to entertain that
11;. alien, it would then be time to consider whether any
.hould be called up to make answer ; bat at ',remit
thol was no suit. Final judgment bed bees given upon
old petition, and there was at prated no ens to cite.

INSOLVENT DEBTORS COURT.
(Before the Chief Commissioner.)
IN IL YINTO WALTZ/I TOWNmEZID r ‘turnlalh
The cane of this young gentleman, who ia highly con-
• • • toil, and whose appearance before the court had occurred
-.rough betting tranasetioo. on the turf, was specially op-
r.iistuil for heal tbia day before the learned commix.
•ASte, Who. vane time since grank4l a discharge ou
Mr. dit...sge Lurry., the :attorney, appliegl to the court for
a Adjournment in emoiequence of the illness of Mr. &await,
LI, Vomiter, who was retained fur the ineolrent.
The Chief tommaionmer remarked that Mr. Dow.' had
p.aryd fur an‘t.ral trcc itorg, and one creditor appeared in
l. 1.1•0.

Mr. Levi. mud the creditor in person would not nein
gear.
Mr. Curse said he h 4 not appear for one of the creditors
`..r whom be heal appeared. He appeared for the other
krolitora whose names he had given before.
Tbe Chief C•oruniasioner inquired if them was any objet-
the propoed ad)ournment
viol certainly Dot.
r ...000 further discussion, and it appearing that Mr.
1 w.m. prop,o,..ung in health, the cast was adjourned
• rtio4ht, and the bail of course enlarged.