The Express.
London, England, 1868-03-18 00:00:00

LAW INTELLIGENCE.--(THIS DAY

EQUITY COURT.
(Before Vioe-Chsnoollor Gifford.)
iff 1.1 TIM LONDON AND COLONIAL COKFANT—Rourr's

CL•I3I.
The 'dein of this company have been discussed in
ennui preosedinp at law sad in equity of lase. It will
be remembered that the comport was formed for the
Moeof taking off • brewing at Burka-on-
ts, belonging to a Mr. Tooth ; warehouses were
taken at Woolwich, and • place of business was hired at
No. 18, Billiter-equare, from the present claimant, Mr.
Horsey, who refused to Ist them lass than his whole
house, and this was ersoordingly taken at • rout of 1,500 i.
• year. When the company same to he wound up, Kr.
Honey applied to the Lord Justice Wood, then Vi .-
Chancellor, for leave to enter • claim for the whole
future estimated rent of the premises ; and his Honour
made an order following that made by the
Lords Justine in the Rayne Granite ease, that
Mr. Horeey be at liberty to enter a claim for the whole
amount at which the future rent wadi
but subject to the quallecation that the amour
to be received as the claim was not to extend
beyond the amount to which the company might be liable
an the covenant. Mr. Honey then found that
eines this order, two dividends had been raid to the cre-
ditors of the company, one of is., the other of ?A 6d. ; and
he now made • fresh application to the court that the
liquidators might be ordered to pay into court the sum of
10,0001. and • fraction, being the 'thrown el these two
dividends on the rum of 26,9001. odd, the whole, or
esti-
mated amount of the rest The company had not yet
the share, and were still in possession.
lar. laDruos, Q.C., and Kr. W. F. Robinson supported
thpieVieation ; Mr. Charles Hall, for the liquidators,
o
e Vice-Chancellor gave judgment this morning. After
reviewing the statute, upon which alone, he said, the
question must turn, his Honour mime to the conclusion
that this was not a cue to which it was intended that the
act should apply ; especially considering that the
claimant's rights by distress and entry would remain un-
altered. The application mast be refused ; the liquidator
to have his costs out of the estate.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
MUTH r. WHIM AND CHAMOIS (CLERK).
Sir R. Collier, Q.C., Dr. Spiel's, and Mr. Inderwick, for
the petitions ; Mr. Coleridge, Q.C., and Mr. Day, for the
respondent ;D. Deane, Q. , end Mr. Sergeant Bawl-
tyne, for the eo-respoiodent.
The petitioner, Mr. Charles Sharp Smith, of Fulbeek, '
Lincolnshire, surgeon, sued for a divorce, en the ground of
his wife's adultry with the Rev. Darwin Frank Chawner,
the curate of the parish. The petitioner married respon-
dent in December, in 1855. At that time he was 28 years
of age, and his wife 20. They lived happily
for nearly ten years, and they bad one chrthler
July, 1885, the rector of Fulbeck engaged Mr.
Chawner Le his curate. Mr. Smith, of ooune, celled
Irm.n "ds
tahecertinf the year, awr"evg up
er rbermeietil:
thought that the frieendeohip whichar had sprung between
the respondents was more close than discreet • and he for-
bade Mr. Chawner his house. At length circumstances
came to hie knowledge which canoed him to have
his wife watched ; and the result moss that he surprised
the respondents together. There was a personal encoun-
ter between the two men ; and the next day Mrs. Smith
left her hems. Mr. Smith then made further inquiries,
and ultimately filed his petition; to which the respon-
dents had pleaded a simple traverse.
Mr. Robert Wyche, a corn merchant at Croyland, said
that Mr. Smith (who Ins a connexion of his by maniage)
bad for several years lived at that place. In 1862 he sues-
ceeded to a practice at Ftilbeek, which had originally been
his father's. Witness deposed to the terms on which the
parties lived. Should say that Mr. Smith was a most kind
husband—he was in fact indulgent to a fault,
The Rev. Mr. Smith, the oorrespoodeut's predeosesor as
curate of Fulbeck, gave similar evidence.
Sarah James, daughter of a publican at Fulbeek, said
that Mr. Chawner lodged at Lamb's, the butcher's. Lamb's
was opposite witness • father's house. Had often seen the
respondent visiting the co-respondent at all hours of the
day. She did not knock, but went straight in. Had wen
them reading together in co-respondent's room, his arm
beingonherneck. Had also seen them walking out together.
Crose-examined—Lamb's house was not quite opposite
witness's father's house—the Hare and Hounds. She used
to look out of the top attic. The house bad three attic win-
dows, and witness looked out of that nearest Lamb's.
Lamb's was not above 40 yards off, so far as witness could
judge.
Mr. Hand, a surveyor, at Grantham, produced plena,
end proved that the istence between lamb's and the
Hare and Hounds was 40 yards. Could see out of the
attic window described by last witness into the co-re-
spondent's room at Lomb's.
George Lamb, brother to the 00-respondent's landlord,
also lodged with him, and spoke to the frequency of Mrs.
Smith's visits. Sho would come at about 10 in the morn-
ing, stay with Mr. Chawner two or throe hours, and then
go out walking with him, and in paring Mr. Chasmic's
window witness had looked in and had oboe seen him
sitting on the sofa with the respondent with his arm round
her waist. _ _

erOe7-iismined—Fulbeek was a large village. There
was a school in the parish. Could not say whether Mrs.
Smith took any interest in it. Could not recollect telling
anybody about what he had seen. Did not know that
anybody knew of it, and did not know how the court had
some to know of it. (Laughter.) Had told nobody but
the lawyer. He came to witness in June, but he said
nothing. (Laughter.) He asked witness if he had seer
anything wrong.
Hy the Judge—Had watched the respondent became
their conduct war the public talk.
Maria Clayton, a servant at the Hare and Hounds,
gave similar evidence, and added that she had seen Mr.
Munger kiss respondent.
Fanny Hunt, servant at Lamb's, said that the night
before Kim Smith went away two boys brought Mr.
Charmer a letter and he went out directly. The sort
morning Mrs. Smith came soon after 7 o'clock. Mr.
Chewuer was not up, but Mrs. Lamb called him and scan
afterwards be came down and had an interview with Mrs.
Smith in the parlour.
[The Gem is likely to bat • considerable time.)

COURT OF BANKRUPTCY.
(Before Mr. Coamiodoser Holroyd.)

IN U COOPIII.—LO6IIIIII ON TAN TURF.
The bankrupt, Thomas Cooper, was desteibed ma late of
Duke-street, St. James's, and of the Grosvenor Hotel,
Park-strest, Grosvenor-square, out of business, now •
prisoner for debt. He ascribes his failure to the payment
of lore interest for money borrowed sad lora on the
I turf. His debts are about 1,6001. Ha now appeared for
his release from custody.
Mr. Reed stated that the bankrupt wan • yeoni geetle-
mon who bad oome into a large fortune, and, like too
many, bad soon run through it. There were two de-
tainee against him.
Mr. Cole opposed on behalf of Mr. Emanuel, jeweller,
from whom the bankrupt had purchased a riag for 1201.,
Lad almost immediately pledged it for 60/. He asked
that the application should stand over until after the
choice of assignees, as it was in contemplation to prosecute
the bankrupt.
Mr. Reed inured for an immediate Mesas, but
His Honour said there was nothing to take the ear out
of the ordinary role, and refined the application.
(Before Mr. Commissioner Goolburn.)
I 7 az ate NINNY CH111:11,i/ON OXIINETN, tans.

Tecewira ;:;itiinTiie-eis;l7latio and discharge. The
bankrupt vu described u of ftheplierdawell, war Dever,
and of Moms Park, Bent. The origin6l titian was
dismissed,
dismissed, on 68count of inimaideat ; and the
benkrupt now came op under • new petition. The debts
are 999 L, ageinet 3001. of whisk esenrity is held on the
bankrupt's furniture and offsets. There are a number al
creditors for small mounts, some am low us few shining.
The lazged ar•--• wine merchant, for 1031. ; a solicitor,
for 901. • end another wins merchant, for 331.
Mr. Jadridr
the
for the ofilidel emignee, and Mr.
G. Lewis far bankrupt.
Seurat creditors, who were present, whiled for a ouch
swoon*.

Mr. Lewis maid the bankrupt was waling to sake the
beet sawn in hi. power.
Mr. Aldridips said the complaint whist the team*
would be, when the ease was properly before the murk
that he cad sostmisfed so Lim an amosat of Asht with
sure anal mesas of payment
An adjournment use ordered.
EN as W. L STEM
The henbeepe wee deenikei se an seer in the =WM.
tile marina, formerly melding is Delsammi-tarty, Pad-
dington ; since of Cartle-strest, Reading. Tide wee the
sitting for examination end disehasge. Debts, 7901.; no
smote.
Ili. Aldridge appeared far the .alai assignee g Itz.
Pears& apposed fir a creditor ; Dark appeared far
the benkropt ; and Kr. Seed far the benbruptb halm
It appeared that the Maim. mawpied a fundebeil
house, whiah was let 1, lin V ei 1001. • year,
and he was examined to lbw AEA he had held himself