The Express.
London, England, 1861-11-21 00:00:00

(Before the Lords Justices of Appeal.)

=PARTE BUDD RE THE ELECTRIC TELEGRAPH COMPANY
(IRELAND).
Their lordships refused, in this case, to disturb the deci-
idea of the Master of the Bolls, which was the subject of
the appeal, whereby he had removed the name of Mr. Crocker,
a farm bailiff, as a contributor in respect of 1,000 shares, to
the liabilities of the above.mentioned company, now
in the course of being wound-up, and substi-
tuting that of Mr. Budd in its stead, on the
ground that the transfer of the shares from the
name of Mr. Budd, the original allottee of the shares,
into that of Mr. Crocker was manly colourable as between
Mr. Budd and the company.
Upon the bearing of the appeal on the 4th instant Mr.
Jesse' appeared for Mr. Biala Mr. H. Humphreys fur the
official manager, and Mr. Baggi;llay, Q.C., for the creditors'
representative.

(Before the Nadir of the Rolls.)

THE ATTORNEY-GENERAL Y. THE UNITED KINGDOM ELDCTSIC

TELEGRAPH COMPANT (MUTED).
This was an information and bill in which Baron Rothe-
chiid, M.P., was the informant and plaintiff. lt came be-
fore the court on a motion for decree, by which it was
sought to restrain the Electric Telegraph Company from
breakin/ up the public road or the footpath adjoining the
plaintiff's land at Acton, for the purpose of piaciog upon
or under the IMO any posts or apparatus, he. The bill also
prayed an inition to restrain the company from breaking
up or disturbing any of the public roads or highways through
or over which public are of right entitled or accustomed
t°C.Solicitor•General, Mr. Selwyn, and Mr. Tooke, sp-
in support of the bill, and addressed the court at great
reeZetll At the conclusion of their arguments his Honour
disposed of the case without calling on the learned counsel
for the defendants. _

His Honour obfarved that the questions before the court
depended on purely legal rights, which could not be do.
termioed except through the medium of a court of law.
As regarded the question of the public roads, it was
especially one for the decision of a jury under the direction
of a judge, who would declare whether or not the condoet
of the defealantii as it might be proved waa in law a
nuisance. And so as rep Med the alleged trespass on
the plaintiff's property, it was equally a question of law.
The bill would therefore be retained, in order that the
Attorney-General might take such proceedings as be should
think fit in reference to the alleged nuisance, mid that the
plaintiff might bring such action as he might be advised
with respect to the trespasa.
Sir Hugh Cairns, Mr. Follet, Mr. Baggallay, Mr. Chitty,
and Mr. Beotiock, appeared for the defendants.

COURT OF QUEEN'S BENCH. —Nov. 20.

&Misr ia Baaeo is Micbaelmas Term.(Before Lord Chief
Justice Cockburn, and Justice' Wiabtmaa sad Blackburn.)

BUSINZON or THE COURT..

The Lord Chief Justice announced That Mr. Justice
Crompton would sit in the Bail Court on the two last days
of term, and that a special list of mace had been made
out, which would come before him peremptorily, unless
• special application were made that any of them should
be heard by the fall court. He also stated that in con-
sequence of the sittings in Error sad the winter circuit.,
there would only be two days' eittinp in Banco after term,
and that as the special paper wee most encumbered, the
court would take that paper ea both days.

COURT OF COMMON PLEAS.—Nov. 20.

Sittings in 13aaco.--(Before Lard Chief Justice Erie, and
Justine. Williams, By's', sad Keating.)
The court wee occupied all day with mass in the new trial
paper, which were of no interest to anybody but the parties
concerned.

COURT OF EXCHZQUKR.—Nov. 20.

SUM(' in Baneo.—(Befere tbe Lord Chief Beron sad
Bums Bramwell, Chaimll, sod Wilde.)

001 AND OTUIM F. T 1 ■►TOR AND CORPORATION OP
TES CITY OF LONDOI.-JDRIBDICTION OF MS MAYON'S
0001 T. _ _ _

After our report left yesterday,
Mr. X. Chemin= (with whom wee Yr. Orate) ad-
dreamed their lardahipe is behalf of the plaintiffs in the
prohibition, Messrs. Cot and Greenwood, the army wets.
Ho maid that actions bad been brought by some military
tailors spinet alien in the army, and the creditors haring
baking proceedings in the Mayor's Court, attachments had
been honed spinet Minn. One and Co., the stony Apo*
Is perahhess. The learned Recorder had made to their
lordship the reties on the part of the mayor and corpora-
tion to the prohibition ; and be had now to subunit
that the .noun relied on was injurious to the
interests al a camber of pawns, and repugnant
to the law Ragiond. Let them see how the
emit= worked. An officer in the army earring, for in-
stance, in the Paulin!' might be indebted to a tailor in ties
west-end. The tutor weed to the Xeres Court and took
out his plaint, aid although the officer wee abroad and pro-
ceedings were neomearily taken behind hie back, ea attach-
ment was served on Mears. Con and Greenwood rhos
agents, the moment they got through Temple Bar, and
they must either lodge the money or put in bail.
The Lord Chief Baron—How do the officers of the City
enforce the attachment against a person who resides in
Westini osier or in Cornwall

Mr. Baron Channell—They wait till they catch him in the
City. (Laughter.)
The Lord Chief Baron—l rather think that if such a pro-
ems were issued, thin court would treat it as a nullity.
Mr. Chambers pproroooeedd to my that the attachment
beteg issued the _ hada year sad • day to come in
and deny the debt. The 611114109 wandered about
the City, end mid be Gadd net lad him, and then the cre-
ditor had take money attached for good end fur ever. Now,
then, take dm ease as it affected the mercantile community.
A merchant at Liverpool might go to the Mayor's Court and
my, "Jammed Co., of New York, owe me 801." Janes
end Co. were meordingly warped by Bergrant-et.blece to
mese in and appear. The agent of Joss and Co. happened
to go to the Guildhall Coffee-Muse, and the funds in his
heeds were attached, so that when Jones and Co. snt over
their bill it was dishonoured.

Mr. Baron Bramwell—One would think that, as next year
will be the Exhibition year, when there will be • great many
strangers over hers, there will be plenty of business in the
Mayor's Court. (Laughter.)
Mr. Chambers said that the return made by the Resorder
showed that the plaintiff used not reside within the limits
of the City ; that the defendant need not reside within its
liseits; and that when the creditor asked for an attachment
be bad ouly to surmise that the garnishes was within the
City. In conclusion ho submitted that the custom was in-
jurious, tuajust, sod subversive of all those principles upon
which the law of England was Maeda.
Sir F. Kelly (with whom was Mr. Charles Pollock) said
be appeared on behalf of the Lord Mayor and corporation
of the City of London, and he had to contend that the
question for their lordship' decision was not whether the
custom as certified by the Recorder was void as differing
from the general law of England, but whether it was void
on the ground that it was repugnant to the law, sabvenive
of its existence, and inconsistent with its principles. That it
was not only not unlawful and uereasonable, but that it was
a salutary process, if all the parties were within the jnriadies
Ron of the court, was not, as be understood, contended. It
was only said that the custom was unreasonable on three
grounds—that the creditor resided out of the jurisdiction
of the court, or bec.ause the debtor did, or because the debtor
to the debtor did. It could not be said that an inferior
court—a county court for instance—should not have
jurisdiction. There was nothing to disable a pinion,' who
resided out of the jurisdiction of a local court from main.
taming an action against a defendant who resided in it, and
vice versa. Was it then subversive of the first principles of
the law that a court of such antiquity as thee should exercise
a jurisdiction for the benefit of mankind, whether the debtor
or the third person resided outside Temple-bar?
The Lord Chief Baron—Suppose the creditor should
reside in Cornwall and the debtor in Yorkshire, and both
should be invited to dine with the Fishmoogers ?
Mr. Baron Bramwell—Or the Skinners. (Laughter.)
Sir F. Kelly would put a sus even stronger against him.
self. If an Austrian at Vienna contracted a debt at Madrid
with • Frenchman resident at Paris, and the debtor was
found for one hour within the jurisdiction of any court,
was it inconsistent with justice that the payment et • just
debt should be enforced ?

The Lord Chief Baron—lD a local court it appears to ma
it would be so.

Sir F. Kelly haring cited the owls haring on the new
tioo, submitted that on poeral principles it was a salutary'
power to exist in a court of this antiquity, end that their
Wishing would Dot disturb a custom which had existed
from the time of Edward IV. to the present hour.
Their lordships mewed judgment.

CRIMINAL COURT OF APPEAL—Nov. 20.
To-day wm appointed for delivering the judgments in
aMsssl arty of appeal standing over.
The Lord Chief Baron Pollock, however, said the court
am* stead further adjourned till Thursday, in non•
seemenee of Mr. Baron Martin being espied in the
Inehequer Chamber trying nisi prim mum.

COURT OF PROBATE AND DIVORCE.
Nov. 20.
(Ware the Judge Ordinary.)
BUTT= V. BUTI.M.
0/ C. Crerwell, ia giving judporat tot i ease, rid
that it be hell thought the ow Weed oe the oreolty,
b shield breeleise Wee to eweldir the Wiens

more carefully ; but it was manifest that as there
had been a plenary condonation by cohabitation
after the List act, the question of cruelty would not
arise, WileVl he held that it had been revived by a 'oboe-
queut adultery. At the IMO time he was not satisfied that
the respondent had been guilty of cruelty at all. The pe-
titioner, even by her own showing, was a woman of an
hystericil and highly excitable temperament. The husband
was prat ably also somewhat excitable, and the court was
afraid that they bail allowed disputes arising out of trivial
matters, and even out of uujust suspicions, to reach a pitch
which hail caused much ituhappieess between them. Still
the court was not satisfied that there had been any cruelty
on the part of the husband. The evidence of the wife had
been aometimes im prolaible,and sometimes flatly contradicted.
For example, it was not likely that a mother, even if she
had been in great pain, would have dreamt, unless she had
been in a very bad temper, of putting her baby down on a
door step and leaving it, when only a few yards would have
brought her to her own door. Again, her statement that
her husband had given her a dreadful black eye and had
made her throat black, and that she hail shelve both her
throat and her eye to Dr. Froysell, had been distinctly nega-
tived by the doctor hinneU. It was most remarkable that
the petitioner had not called Mrs. Starkey to depose to her
hurts, when she must have known that 1)r. Froysell would
not corroborate her own statement Indeed, it appeared as
if during the bedroom scene she bad lost all consciousness at
what was really taking place. With regard to the adultery,
it would be the rashest thing in the world to separate
man and wife on the testimony of the miserable
prostitute and incorrigible thief who bad been brought to
prove the charge. It was clear that Mrs. Butler's irrita-
bility woe in great part founded upon jealousy, and he
hoped that being now convinced that her suspicions were
unfounded, she would have more control over her own con-
duct, and that she and her husband would thus be enabled
to live more happily together for the future. The petition
must be dismissed.
This decision was received with some manifestations of
applause.

DAILY V. DAILY AND DZLLA ROCCA.

Mr. Serjeant She. and Dr. Spinks were counsel for the
petitioner, • gentleman of fortune, at Hall-place, in Kent ;
and Dr. Phillimore, Q.C., with whom was Mr. Pritchard. for
Mrs. Euphrosyne &Lily, the respondent. The on -respondent,
who was now dated to be • Jew, did not appear.

The parties were married in Daly on the Bth of January,
1841 They cohabited it, variousr4oes in England and
abroad till the end of 1849, when aspirate& in the
followusg January Mr. Daily his wife to Mar-
seilles, and left her there. She then proceeded to the Villa
Stroasi, her husband's residence, neer Rome, and she had
lived there since. but she had occasionally been to Albano,
Fnumati, and other pieces in Italy. She was charged with
adultery with various French officers, and especially with
Della Rocca. She had denied the allegation, and recrimi-
nated upon her husband.

Mr. Serjeant Shea moved that the eue might be post-
poned, in order to enable the petitioner to adduce formal
evidence of the marriage, and to strengthen his ores a/
adultery.

Dr. Phillimore urged the court to consider the time the
cue bad been hanging over the respondent, and also the
fact that she had consented to a former postponement.
Sir C. Creswell must insist on the learned serjeant coin.
mencing bis use ; and would consider when the time came
whether he would adjourn the further hearing of it.
. _

The evidence which had been taken by acommiasion In
Italy was then reed. Prod el the marriage, though de-
fective in the point of identity, was given ; and it was
shown that the petitioner had been defeated in a suit of
nullity before the Holy Congregation at Rome. On the
17th of September, 1880, hie appeal was finally dismissed,
aod the weak* thus pronounced valid according to
Roman law.

The midterm of • number of servants was next heard.
They stated that the respondent was visited by several potlia•
men, including certain French officers, and by Della Room.
He was described is • gentleman of good appearance, and
was called Signor Luigi. He sometimes slept at the no-
apoodent's residence. His room wee next hers, and Use,.
we+ • door between them. The snout who made the
bed., however, did not notice say appearance of two persons
having slept together. There was also smother door
between the respondent's room and that of her maid Gioia,
or Nine. The 00-respredent had been seen in Mrs. Hally's
room while she was making her Wet. He was reading to
her while she was dreering her hair. This was the substance
of the use against him.
Some evidence was next read in favour of the respondent.
She was visited by • number of artists, some of whom were
examined, and they declared that she was equally courteous
to them all. One of these witnesses being asked in eras-
examination whether it was consistent with the character
of • modest and virtuous married woman to anew • geode.
man to sleep in an adjoining room with a door between the
two, replied that if • woman were really virtenis,
she might have ten thousand men sleeping in the next
room."

Serjeent Shoe then tendered an affidavit by the
attorney who instructed him, and formally naked for an
adjournment.
Sir C. Creaswell, having reed the document, said it would
be most unjust to the respondent to delay the conclusion of
the souse on a statement so vogue.
Dr. Phillimore intimated that he should not call wit-
nessed' in support of his client's recriminatory plea.
Sir C. Cromwell observed that that fact might alter his
determination as to allow* an adjournment ; aed
The court rose.

COURT OF BANKRUPTCY.—Nov. 20.
(Wan Mr. 001111131i111001r Goalbsen.)
iz WILLI2II.

The bankrupt, W. Willi's', who was dincribed a. •
scrivener, was a solicitor at Norwich. A petition bad boo
presented by Mr. A. Toner to annul the bankruptcy on be-
half of Mows. Clown and Flowerdow, auctioneer., of Nor-
wich, who were creditors for 171. odd.
The Commissioner now delivered a lengtheced judgment,
and held that as the application had not been made in
proper form the petition moat be diainimed.
111 RICHARD ISTILADOLGII NEVILLE PLANT/10MT lARRIDoI,

The ease of this bankrupt, who claimed the dukedom of
Lancaster, and who is at present confined in prison, came
again before the court to-day upon the quascion of costa.
Mr. Bagley said that without the sanction of the Commi►
dower the taxing router refused to allow the costa of counsel
for appearing before the mart.

TiieColaraisioner inqvired the circumstances of the ease.
Mr. Bagley said his client, who was • West-ead trades-
man, was favoured with a large order for furniture. Oa
going to make Inquiries at the house in lleasiogton-park-
gardens the door was opened by a servant in livery, and he
was Wormed that the general was sot at home. He was,
however, so struck with the sppaanoa of the mansion
that he supplied the property, which had speedily vanished,
sod he had not received a penny. There had alrea4 been
several apphaatiosts, and he submitted that creditors were
not to be persecuted in this way
The Commissionee considered 'this an exceptional cam:,
and made an order that the foes of counsel should be
allowed.

L cootie:ion with this matter, it may be mentioned that Mr.
Waren, from Stubbs' Trade Protentioo Society, has attended
at former sittings to watch the interest' of other creditors,
who complain that their goods were obtained in a similar
manner.

MIDDLESEX SESSIONS.

(Before the Anaktant-Judgc)

Henry Lawson and John Robertson were indicted for
unlawfully obtaining by false pretence* from the Leviathan
Loan Society, Bricklayers' Arnie, Curtainquad, the num of
IX, with intent to defraud.

Mr. Tindal Atkinson prosecuted, instructed by Mr. Beard;
Mr. Pater defended the prisoner.
' • .

These two prisoners formed part of a gang of swindlers,
three of whom were convicted at the last 110114i011. They
obtained loans from loan societies, and pre references one
to the other, and the one referred to produced false re-
ceipts for rent and taxes, and so defrauded the societies of
the loans.
_ _ _ _ .

—.he prisoner,' were found Guilty. Each of them was
sentenced to 1$ months' hard labour.

John Smarr, the prisoner who VI Monday, on being
brought up for judgment, threw • hook at the
judge, Mr. Payne, but which fortunately only struck the
desk, just missing the head of the clerk, Mr. W. Hodgkin.
son, was arraigned on au indictment for that offence. He
was charged with assault, and pleaded guilty. Mr.
(bridge, instructed by the county solicitor, Mr. John Allen,
appeared for the prosecution.
The prisoner said lie was sentenced to two years' impri-
sonment for his offence, which he thought very severe, as
he would rather have penal servitude, which be wished for
rather than be sent to the House of Correction for such
a time, and while there be would have neither sufficient
food nor medical treatment, and when his time was up he
would be turned peoniless into the streets. Whorese if he
had received penal servitude be might on his discharge have
received something to start him in • way to get an humid
ng.
Mr. Orridp said it was mourelly necessary to state to the
°Dart that what the prisoner hadasserted was untrue. On the
trial three former convictions were proved spinet him by
Lockyer, the gaol officer, and the learned judge had this
power, had be thought fit to exercise it, of sending him to
penal servitude for a long term of years. As to receiving
neither medical attention, nor • sufficiency of food, in flu
House of Correction, everyone must know that tabs • false-
hood.

The primmer mid he was transported in 1853, sad Nivea
four vean at Dartmoor, sad since his discharge in 1857 he
had indeavonred to gala as bonnet living. He had been
hawking small articles of jewellery, and bought his things
at Belfast._ _

_HisEo;dship wished to know how the prisoner came to
be in the House of Correction, and picking oakum.
The officer stated that the prisoner having been con-
victed, was sent to the Hoses of Correction, so that in-
quiries might be made about him. He was put to oakum-
picking, and in that work an iron hook was used, fastened
to the knee. By some means the prisoner kept possession
of the book be had been supplied with, and on being brought
up for sentence threw it at the judge.
Hie lordship postponed sentence until neat session, and
mid inquiries would be made in the meantime, and if the
prissort Lai toil a true story as to his sodssvosts to can

an honixt living since it might operate a good deal in
his favour.

The prisoner said he had no wish to injure any one; all he
wanted was more punishment. He firmed the officers would
not get bite trouble on his amount about 16e hook. as be
concealed it so that it would be a matter of impossibility foe
them to detect his pooloolios at it.