The Express.
London, England, 1861-11-07 00:00:00

SIR JOHN HAMDEN AND HIS TENANTRY.

The chief topic of conversation in all circles
yesterday was the conduct of Sir John William Hamden
in giving • number of his tenants notice to quit the build-
ings which they have placed on the harentit's estate, in full
faith of never being disturbed in possession. The Tenant-
right Owners' Llefence Committee are on the alert, and
the following bill was issued late on Monday evening, and
wee read by crowds of people in the streets with all
the interest af • • of news from the "sent of
war :"—" The buildings are yours—the land is mine.'
Meseta know that, as long as I live, they
are as safe without the act as with it.' Is it
to be oonfiecation T Tenant-right owners ! you can-
not but be aware of what has transpired this
day, in reference to your cause. Sir John William
Hamden 11114 taken the first step to bring the tenant.
right question to a legitimate issue. He has, by the
notices to quit which he has issued, thrown down the
gauntlet ; it is for you to accept the battle and enter on the
defence. Remember that a notice to quit dose not give a
man possession. If Sir John William Hamden wants your
buildings (the buildings which he has publicly admitted to
be yours), he will have • long way to go beyond his mere
notice, and many obstacles to overcome, before he dispos-
sesses you. In this emergency the service of the TODALIt•
right Defence Association will be fairly brought to bear.
It will be for that committee to take such steps to defend
the position of the tenant-right owners as upon mature de-
liberation their rerti and advice of counsel may be deemed
best calculated to accomplish that object ; and the tenant-
right owners may rely upon it that no effort in that direction
will be snared. In return, the committee have Wadi from the
tenant-right owners that they be true to themselves and to
each other ; that they will not allow any unmanly fear to
divert them from the strict path of duty ; that they will
take no step whatever which may affect the equitable posi-
tion they occupy ; but that, firmly depending on the righte-
ousness of their cause, and unmoved by anitrerture which
may compromise their just rights, they w relying on the
morality and integrity of our judicature, stand fast and
fear not.'—By order, F. R. JONES, jun., chairman ,•JOBBUA
HOBSON, hon. sec.—Hodderstield, Nov. 4, 1861." Last
evening • meeting of the defence committee took place at
the White Hart Hotel, and doubtless the result of their
delibsratioes will be made public in a few daya.—Leeds
Mercury.

Crrr or LONDON Counat.—The subject of the
lecture for this evening at the City of London College is
" Recent Discoveries in Africa," by the P.ev. F. F.
Statham, M.A. The chair will be taken at 8 p.m. The
number of students has now reached nearly 850, and the
Foundation Feud has reached nearly 1,51:10/. A drawing
class ha. now commenced, but the Political Economy class,
under Professor Leone Levi, is not yet full.
LORD BROUGHAM'S ADHESION TO THE UNITED
KINGDOM ALLIANCL —Our readers will be gratified to loon
that the Bight Roo. Lord Brougham has very cordially in-
timated to the executive that he assents to the request
of the general council, and must readily allows his name
to be added to the vice-presidents of the United Kingdom
Alliance. In his note to the hou. secretary, his lordship
states that his health is improving slowly ; and he is hopiug
to be able to travel to his chateau in France in a few days.
Be desires his grateful expressions to be conveyed to all
the friends who manifested so much personal sympathy and
regard for his health, saying that he does not deserve half
the kind things that were said about him at the meetings.—
..41114rue Weekly News.
THY DRINKING FOUNTAIN MOVEMENT IN LIVER-
POOL.—Mr. C. P. Melly, the well-known Liverpool merchant,
better known as "Fountain Melly," was presented yesterday
with a handsome silver 4eigne and candelabrum, valued at
1,00 W., as R token of the estimation in which he is held by
his fellow-townsmen, rich and poor, on account of his
public spirit and liberality in the erection of numerous
drinking fountains throughout the town. The plate bore
an inscription, *Aid' alluded to the gifts of a free playground
and wayridebeaches which Mr. Melly has also made to the
town. Mr. Melly is the originator of the " Drinking
Fountains" of modern times, and it is satisfactory to knmr
that his example has been followed in a large number of
other towns.

REFORM MOVEMENT AMONGST THE WORKING
CIAMSE3.—The initiative taken by the Glasgow United
Trades is about being followed up by the delegates forming
the London Trades Council, and a committee, consisting of
representatives from all the principal trade societies, is in
the course of formation. The programme of the emacia-
tion will be laid before the public in a few days.
EXTENSION OF THE NORTH-EASTERN RAILWAY
TO Neeesirrut—At a meeting of the directors of this rail-
way company held yesterday, it was resolved that applica-
tion should be made to parliament for powers to make a line
through the Team Valley to join the Bishop Auckland
branch, and thence by a loop line running a little to the
south of the city of Durham to connect the main line from
London and the south with Gateshead and Newcastle by
this route. It is also intended to renew the application to
parliament for powers to make a line from the Blaydon
station of the Newcastle and Carlisle Railway to Coneett,
iu the Derwent Valley.
LARGE ARRIVALS OF EAST INDIA COTTON IN
LITERPOOL.—During the last few days there have been
some large 'minim of East Indian cotton in the Mersey. On
Tuesday there were no fewer than five large ships posted
as having arrived from Bombay, having on board 25,461
hales of cotton. The names of the respective vessels, toge-
ther with the number of bales of cotton each ship brought,
are :—The City of Agra, with 4,7 M bales ; the East, with
5,609 bales ; the Otago, with 4,996 bales ; the Langdale,
with 3,495 bales ; and the Euroclydon, with 6,616 boles.
The Langdale made the voyage home in 93 days. The
quantities of East India cotton now at set, according to late
advices, are 115,694 bales, against •53,612 bales for the corre-
sponding period last year.
NEWCASTLE CHAMBER OF COMMERCE.—AL the
meeting of the Newcastle Chamber of Commerce, on Mon-
day. • communication was read from Glasgow, calling at-
tention to the inconvenience arising from the use of enve-
lopes in commercial communications, from the difficulty in
proving the dates of posting sod delivery of letters, and
urging the desirability of securing that the postmarks
shall idways appear upon the letters themselves. The
chamber expressed an opinion that in business letters it
would be much better to avoid the use of envelopes. A
memorial to the Board of Trade was adopted, intimating
that the French custom-houses are levying duties upon
English imports into France which are at variance with
the provisions of the commercial treaty, and praying that
a claim be made for the restitution of the overcharges and
for the suppression of the system complained of. The sub- 1
Jed of light dues leaving been introduced, Mr. Barker
was deputed to see the collector of customs and obtain in-
formation with reference to the duties on vessels carrying
portions of a cargo, the present system of levying which
obstructs the transmission of merchandise hence and from
abroad.—Nearcastle Clarenick.

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before the Mester of the Rolla.)

DAVIS= DE PONIES V. KENDALL, AND FORD O. DE PONTV.
His Honour gave judgment in this cue, which was
argued on Monday and Tuesday last. The points, he said,
for decision were simple enough, but the facts raising then
constituted • history rarely found in action. The tire
question was, whether the execution of a power by wins
dated April, 1854, was valid, or revoked by deeds of
Aurist, 18.51, and September, 1854 ; and if so, whether
those deeds were operative. The facts were, that some 4.1
years ago an English lady, then in Paris, aged 18, fell a
love with the plaintiff, a Frenchman about the same age.
The lady shortly afterwards returned to England, and Mut;
at the instance of her friends, she appears to have SW.
pressed her Bret attachment, as within • short period sl
married Mr. Vernon Dolphin, of Eyford, Gloucester. He
marriage was unfortunate, smith° only child of it died early.
Mr. Dolphin subsequently became embarrassed, sod in lots
certain deeds were executed, by virtue of which proem%
was made for the payment of Mr. Dolphins delo,
and a considerable property placed in the hands
trustees, which was secured for the separate use d
Mrs. Dolphin during their joint lives, and for her absolute',
if she should survive her husband, while, if she should d;
in his lifetime, the property woe to go as she should 'pone:
Mr. and Mrs. Dolphin separated and the lady lived aloe,
until 1853, when she returned to Paris, and then her earl,
attachment to her first lover was revived. Having weer..
Mined that be was still a bachelor, and bad risen to a high
post in the French army,of which he was commandingadiic
akin in the south of France, she addressed him a letter, the
receipt of which surprised him. Au interview subsequently
took place, at the lady's request, near La Rochelle, and while
there she did not conceal her wish to get rid of the tie
I binding her to her husband, and to marry the Frenchman.
The latter, however, showed no anxiety upon the matter.
The lady then consulted legal authorities in England, and
was advised that if Mr. Dolphin could be induced to reside is
Scotland for forty days, she might obtain a divorce. Ac.
eordingly, Mr. Dolphin was asked to go ; and, in considers.
tion of receiving his travelling expenses and a handsome
annuity, did go and reside in Scotland for the
requisite time. His Honour then stated the singular
course of conduct pursued by Mr. Dolphin with a view to
obtain the divorce, which was subsequently decreed by the
Scotch Court in July, 1854. In April of that you the lady
executed the power conferred by the deed of October, lxto,
in favour of the general, and his Honour was of opinion
that the appointrneut then made was her own free act, and
done when she did not believe that the general would
marry her. If the matter stood there the will therefore
would be perfectly good. The question, however, was
whether that will was revoked by subsequent
deeds. After the divorce the lady writes to the
general that she is free and no doubt she believed from
that time that he would marry her and that an engage.
went, binding on honour, subsisted between them. Mrs.
Iblphin then went to Paris, where she consulted
her professional advisers with • view to a set.
tlement of her property. She was advised that the
divorce obtained in Scotland was not valid according to the
law of England, where she would still be regarded as the
wife of Mr. Dolphin. Any marriage settlement, therefore,
would not be binding, but still she might execute her power
I of appointment by deed as she had already done by will in
favour of the general. She accordingly executed the deeds, the
consideration for which was the plaintiff's marrying her as
far as be could, but that consideration being had would ne-
cessarily affect the deeds. In October, 1854, the parties
visited Scotland, where they went through the ceremony
of marriage, and subsequently in the pouch of France,
and after the lady had become a convert to the
Roman catholic religion they were married again. Hie
Honour then observed that, unless the deeds were valid,
the will of April, 1854, was not revoked, and then proceeded
to deal with the proposition made at the bar that the pur-
pose of the deeds was inseparable from an intention to re.
yoke the appointment by the will. Upon this the late Wills
Act had been referred to, and sifter commenting opal
the 20th section of that statute, the object of which was to
preclude the raising of questions arising from the alteration
of estate after the date of a will, his Honour made a decla-
ration without prejudice to the question (which in the view
taken it was not necessary to decide) of the validity of the
deeds of August and September, 1854, that the will of April
was unaffected by those deeds even if they should be in-
valid, and ordered the subsisting trusts of that will to be
carried into effect. The cross bill must be dismissed with
costa. Oasts of the parties in the first suit to come out of
the estate.

The aicitor-Oeneral, Sir H. Cairn', Mr. Selwyn, Mr.
Loyd, Mr. Follett, Mr. Shapter, Mr. Cole, Mr. Busk, Mr.
Osborne, Mr. Southgate, Mr. Wood, and Mr. Stephen/a, ap-
peared for the different partite.

COl'ltT OF PROBATE AND DIVORCE.
(kiefurs the Judge I irdiuery.)
sttitrri r. %TVA ART AND
Tbis less • questioe of whether 4 will et.euteil by Mr.
Madam Wm. slums. otherwise Vianirilf 1:rolu:liton. had
rimhtsil. is Sept., Lisa), a will mad.• by loin on the 7th at
(Maher, Ittrt. The doc„„„,..t was psi sitainled by Mr.
Stewart, a solicitor, is Alichurvb Line, sod Ly the Rey. Mr.
Jon,. of Itowsley, litabyshirr. tlo ; and it was
Missed by Mr. Theodore Albert Rowe Staines, the only
sub tho deceased.

Dr. Deane, ttpinka awl Mr. Maenantara ap-
peared fur the Omuta ; Dr. Milian." l/.C., and Dr.
baabey fur the defenandt.
. . _

The'esse on behalf of the plaintiff was this. The de-
ceased h. 1.1 11,110 V sears agii separated from his wife, who
had Oise died. IS IsO.-1 be became acquainted with a Ger-
man ni.nied Siebert, awl afterwards with a sister-in.
law of his, named One Moho, with whom he
lived frwu Ireil till the time of his death. In October,
IP4M, they were eseldieg at No. 17. Park-plate, Peckham,
and ouc day he came home and told Holm that be bad been
indured by Mr. Stewart to make a will ; but he said that
Mr. Stewart bad had enough of his money, and that the
will should not be his teat Mr. htewart's two sons.
it slio,ild be said, were named in the document as
resideeery legatees. Afterwards the testator sent flubs to
Mr stewart for the will, which was returned to him, and
he kept it locked op io a box. In Plobs
went to Germany, and on her return in August
she found him very unwell. His medical adviser
recononeridel him to settle hie affairs an &limoni-
te.° which appeared moil to irritate him ; and
be resolved to traveL Before doing that, he resolved to
pawn his plate. Ile, therefore, went over it with Siebert,
and made him set down ou a leper how much was likely to be
adv.inced upon each article. The total sum wan 101'. Ire.; and
Siefert actually obtained • loan of lON. upon it. Thetestator
also toll Plohn to bring him the will that he might destroy
it. She took it to him as he lay in bed. He asked her for a
pair of scissors, and began to cut it ; but he afterwards tore
it in pieces, and told her to throw the fragmenta into the
km She PAW, however, that she would put them into the
bon, and he said she might do so if she plemeiL After this
they left London mid went to various places, until they
came to Misted, where Use deceased died on the Pith of
leceniber last, at the age of 72. In support of this ease.
Plobn was examined, and she mid the deemed had toldl
her that he had been obliged to make the will in
order to get his papers from Mr. Stewart. She also
stated that he had altered his name in order
that his solicitor might not know where ho was. Heinrich
Siebert, who was present making out the plate hat when
the will was torn, corroborated his sister's statement. The
landlady of the house where the deceased died deposed
that he had stated to her in conversation that he haul
destroyed his will.
harksg addressed the court ea the impro-
babilities of the ease, sidled
Mr. Sepik.= William Stewart, of the firm of leafier
and Stewart, Abehurch-lane, who aid that he had been
acquainted with the deceased since 1047 or ISIS, but
that lie was not professioually engaged for him
till about ten years later. Deceased paid witnmes
account and wished to make him fa present, but witness
refused. Ile then consulted trauma as to the best way
of making provision for his me, and informed him
of bia (plaintiff's) propensities. Witness suggested
a deed of annuity as the best means of keeping
him from want, and at the mine time of pre-
venting hint from anticipating his fortune. Such
a deed wan accordingly executed on the 25th April, 10151.
He also consulted witness as to a will After witness
knew that the testator had a sue, he addressed him at 4,
Hirchin-lane, or at Iteaein's Coffee-bones. Never knew his
real address after that. The reason be gave foe concealing
it was, that he feared his son, who had attempted
his life. and wham he always met armed. He desired that
his will should be arranged so as to replan the annuity
deed, and that it should be drawn on the same priociple.
Told him that it could only be done by gloving his
moo • mere life estate. Testator theo oesstimed some
persons to whom be wished to give legacies ; mid said that
as he had no near relations except bar sow, and am witness
Lad sot him out of • mess, he wished him to be resiehmay
legatee. Witness declined ; and then he wished to put in
the name of MMus's two boys, whom bo know miry will.
Witness at first raked hut at last agreed to the proposal,
and the will was aeeadieeggly draws and executed.
(The case was proceding when we west to peal

COURT OF BANKRUPTCY.
Meters Yr. Commissioner Pane.)
LSD NICHoUs.—HBAVT /MILLS' OF

TM Tim traded aa inerehasta at St. Maryatze,
maw the sty J. O. Behrsods aad Co., applied fur thew
sestilicsies.

The Ina see ends. prepared by Meson. Charles Brown
awl Dubois, which hove already been publi.beil in detail,
oboe debts 10,510. To creditors for advaw-es oo goods
under °automata,
.11.11791. ; liabilities oo hills payable,
UAW. ; ditto ~o receivable, 3.tett/. The meets in-
clude debtors good, 2171. • ditto doubtful, 8041. ; and good'
tinier consignment,
Mr. Kearney. who appeared for the emirates, maid that
they ricornmended that the tiseknapt Nicholsalsould receive
a first-elass certificate. He bad lost 7,0001., and nes • gen-
tlemaa practising at the bar.
The Conimmionir- From the 110111111141 there num to be
a mat amount of isdebtadosen and the mob nee to car
Set of god debts to 273/., and jssds seder ocenigsmost,
which I suppuee will be swellowsd up somehow or
Mr. Keeney mid that up to the 30th of Joe. 111.
Nichols was a religiose at the bar, helps ore
la June, letitl, however. Mr. Belated% with whole=
bree us terms of intimacy fur away year, re-
quired capital. nabbing that this blade.= Welt turn
out to be more proiltelde thou marmosets' be ad.
v.isced SX:O. to Mr. Behreada, takiag -a hoed
fur that amosat from bias, and @stens( iota an ap•maat
for • partnership, which deed was to take effect in Jeavary,
; before that time Mr. Nichols was to haver share
in the profit or lima, sod was to have the option of retiring
from the cootemplated partnership if be thought It. I.
dept., latiO, Mr. Behreads had the misfortune to have a
paralytic stroke, but Mr. Nichols, relying oa the recovery
of his portent, and hoping that the baleen might
he eatended, did sot withdraw from his agree-
meet. but became • partner is January, I+l6l. Hs
motinued a parteer up to Man* • period of may throe
months. when be (Mr. Kearny) nes essaulted and he then
footed their estate to be is • slabs of beguile.. insolvency.
fkoce January he bad intredimed enelber 2,CJ W. iutu the
In., leakierg a loss altogether of 7,1.30/.
Mr. Laments mid that Mr. Nichols wee not desirous of
attribution any blame to him partner.
Mr. Liiiklater said that the firm of Behroode and Co.
were large Dist Iwlm merchants, and when Mr. Nichols
}Weed Mr. Hebrivoils was not aware that he was insolveet.
He had caminowl largely to the East lodic*, and was not
aware of his iasolveocy until the result of the realmatioa
war know..

If r. [Amur* said as Mr. Nichols bad lost 7,0001. he
thought he wes juetißud io asking for a certificate of the
Int etas.

--The Commiesioaer—As an rod is put to clarification it
is hardly worth while going rt., t►e particulars of the are.
Aa the legislature had now put an "rid to the species" of
clarification be wield award a end-class certificate.
Mr. Laurance—The bankrupt does not intend entering
into burros again, but the intimation of your Honour's
opirii,,n will be riMcient.
_ _

The Commustneer —Theo I think that he has been
hardly treated end award a certificate of the first class.
Mr. Link Later said that during the time Mr. Hebrew's
was absent from Mathes* through illaesa, Mr. Yicbole had
full access to the books and papers, and he had no charge
to make against his partner Even in May, Iltl, there
were c,roaigemeela outatandiag to the extent of 24,4611.,
lees advances, which showed bankrupts could not have
known their exact ignition at that time.
The commissioner —What have the consignment.' realised?
Mr. Catlan. the official assignee, said that he had received
1,5011/. In n% that source.
Mr. lAultlater said that the bankrupt was absent for six
on sight month. from Weems, which might he considered un-
avoidable misfortune. Ile asked for a certificate of the
mooed clam.