The Express.
London, England, 1868-02-12 00:00:00

' ---LAW INTELLIUENCE.
(THIS DAY.)

COURT OF QUEEN'S BENCH.

- -
After Vim Nisi l'rius Sittings st Westnaindar.—(Before
the Lord Chief Judi*. and Special Juries.)

THE QI:ECN ErRSELL.
This was an information in the nature of • quo warrant*,
;,:hug upon Mr. Francis Bluell, barrister, of the Home
isircuit, to show cause by what authority he claimed to
, i,,6e the office of clerk of the peace for the coon_ ty of
;ent, on the ground that there was no evidence before
..ithirter sessions on which to dismiss Mr. Wilde', the
clerk of the peace, and who still claims the Aloe.
Chimbers. Q.C., and Mr. Gates appeared for the
Mr. Wilde'. Mr. Mellish, Q.C., Mr. Pollock,
nnil Mr. Archbold, appeared for the defendant.
' 1; lipenred that in 1863, the Court of Quarter Session
the county of Kent ceased to employ Mr. Wilder in
~nacity of attorney and solicitor, appointing Mr.fienda.
-re to discharge those duties, Mr.
re Wilde* retaining his
of clerk of the peace at a tired salary. Subsequently a
...te :.rose between Mr. Wildes and the justices as to
• -he W. 13 entitled in addition to his salary to re-
.. fee, he hail received as clerk of the peace, called
at fee., and they made an order at the October see-
that the sum which he had so received should
!ected from Mr. Wades' salary, believing_ that
• no right to them. Upon that Mr. Wildes
to the Court of Queen's Bench, and obtained a
tiisi for., mandamus to the justices of Kent to show
why they should not pay him his full salary. The
committee instructed Mr. Scudamore to
against the rule, and after hearing it
lichaelnias term, 1.;4.4. the court dl..
the rule, subject to the justices pay-
to Mr. Wilde, which they could not recover
• taat gentleman. Mr. Scudamore afterwards
lull of costs to the finance committee,
it, and the Court of Quarter Sessions
' r for the payment of the amount,
i„ the bill so ordered to he paid being
iade out in detail, the finance committee considered it
Mall' under the circumstances. as they were charges
tin; to 601 litigation with Mr. Wilder, that the bill
,„ ;„ for payment in a lump sum. Mr.
to receive the order of payment, on
thtt he considered the presentation
mint _in that form to the quarter

• a... illegal, the ratepayers baring a right to
.1, Ism inspection of the accounts. An investigation
be the justices, and Mr. Wildes continuing to
io record the order as illegal, and which he
it was his bounden duty by virtue
• office to do, the justices dismissed him
i late,' Mr. Francis Russell his suoceseor.
',now s cont.,nded that Mr. Wildes' refund
cositoinacious, and that they were justified
.tin,: him from his office. The case mainly
I :Too whether the justices' order was such a valid
, r owe could legally compel him to register.
•h . Wilde, having been miunined, and documentory
nut in,
,•try found the following special verdict in favour of
• ~ lit ar, upon which to raise the point of law for the
. r of Error relating to the validity of the order, viz., the
by the justices of the original order, the mere-
nee which ensued, what afterwards took place at
. rter sessions, and what was finally done upon the
...win?. of the case by the justices which ended in the
.:11 of Mr. Wilda.

COURT OF PROBATE AND DIVORCE. I
(Before the Judge Ordinary.)
MOUNTI,OIU) V. UILLINGE.
,17. If oddleston, Q.C., and Mr. Griffiths for the plain.
• . Mr. Serjeant Parry and Mr. Heasley for the de-
l.:A:mt.
b,tator, Mr. James PiHinge, late of Stone Cote,
eu u-the-Moors,Staffor,lshire, farmer, was found dead
• the SthJune last, haring made a will bequeathing
• !, ,party to his cousins, and appointing two of them,
7.. —ts. John and Hugh Mountford, his executors. Pro-
w...s resisted by the heir-at-law, mainly on the ground
• . t the instrument had not! been executed in conformity
:h the Wills Act.
!.. the first instance the testator directed his property,
h was worth Iti,llool. or 17,001 V., to be divided equally
. his consume, but in the will in question be left the
fit' Tote farm (which was worth, perhaps, I 0,0001.), to
pl tintitis ; and he subsequently gave them the stock
...! I.nnituro so us to remove the necessity for a sale,
•• idea of whiLh he greatly disliked. This he did
y mean' of en interlineatiun, and the will we.
• i.af ter re-executed. The ground no which the instru.
or wan opposed was that it was intended not to be a
hut to be instructions for a will. Mr. Heaton, bow-
. • 1, the gentleman by whom the will had been drawn up,
• that it wan on'y meant to he a teimsmary one. It heal
been executed with all the forme rtquired by the law.
I, fact, the opposition was absurd, and
The court decreed probate, and condemned the executors
0, costs.

COURT OF ADMIRALTY.
(Refore the Right lion. sir Robert Philliroore.)

TUE M;AINNT THE nicrar %,TERN MTEANSIIII`.
'n he find action, one out of a number against the Great
'astern lite:m.l4,in Company (Limited), was held so-day,
v hen the .luestion was raised whether the company were
n 'in or ell. Jules Deapecher, on the part of the Fieuch
-4eptiiiy, who bail eh:lett:rel the visicel to proceed
!:ew York for passengers to the French Exhibition.
v elahn in thii, suit was for certain repairs cud
• ,;pluents suppliol by Messrs. Mortem and Clint, the
p ',haters, of Liverpool, in January, February, and
•i •nh but year, and the limited company denied that they

;corral (with whom wan Mr. ('hatham')
..t, .1 for the plaintillo, Messrs. Mortem and Clint ;
11,. I :di. and Mr. Duct rei.reeentol the company.
.01, it:on raised in this CUM will occupy the court

COURT OF BANKRUPTCY.
(lk fore Mr. Commissioner Goulbum.)

IN SAINT ANTONIO.
xas a aittilsg foe last examination sod discharge.
u;:rupt was a co•umission tnercbant, carrying on
< :rent St. Helen's. His liabilities are L 3,961/.;
:y held A 3 !Senility, about 1,0001. ; and there are no

apposed for the assignees, and asked for
-11, and deficiency accounts from the let
• . and fur a special statement in reference to
dealings in accommodation bills. Thu
;.t i..td only hcen three years in business.
It •,..ar observed that the last mentioned statement
•.. eml.nua-d in the cash account.

I.eartl supported.
d fur goods, cub, and deficiency amounts from
.y, Isb7.

THE POLICE COURTS.
(THIS DAY.)

CLERKt2TWELL.

V.TEMPTED RUICIDE UT A RAILWAY GUARD.

. _
A.rarif, aged 31, • guard in the employ of the
:. Northern Railway, midis/ et 50, Outram-street,
• was charged before Mr. Cooke with attempting
• dt suicide by cutting Lis throat.
•,,,uce was committed so far book NI the 3.111 th of

..r Lot, and then the defendant so severely out his
'rich a razor that he lay in the Royal Frew Hoepital,
' .ilit-road, fur sonic days, without any hopes being

:t.tiortl of his recovery.
Kicketts, solicitor, who appeared for the defence,
I t prisoner had been confined in the House of Detest-
: a week, and now deeply regretted the rash act
••, a iddi he is charged. Previous to the offence be bad
riooaly ill, and at the time be was not conscious of
,: Lc was doing. His (defendant'o) friend, were now
t ',dance to take .are of him, and therefore be hoped

••• a.a:istnste would allow them to take hid away.
cookc, in discharging the defendant, said he had
• ,uilty of a moss cowardly and wicked act, and if he
I.,en sent for trial for doing it he might bays been
id), punished. He had better be careful for the
• r,.. “ntl not allow such wicked thoughts to get the
rr of him.