The Sun.
London, England, 1852-11-15 00:00:00

THE PENINSULAR MAILS.

The Iberia, with these mails, arrived at South-
ampton yesterday morning. Her dates are—Gib-
raltar, Nov. 6 ; Cadiz, Nov. 7 ; Lisbon, Nov. 9 ;
Oporto, Nov. 10 • Vigo, Nov. 10.
The Senator Emilco Augusto da Costa Cabral,
younger brother of Costa Cabral, has. been mur-
dered at Vizen
The war of the Bank against the Government
is still an active one. The former presented its
18,000,000 reis in notes on the 30th, under the
abrogated law, for amortisation, which the Junta
do Credito Publico refused ; while the Treas-
ury presented to the Junta the 9,000,000 reis
under the decree to the account of the Bank, which,
with their own quota and other small sums,
amounting in the whole to 30,915,600 reis, were
duly amortised on the 3rd, as well as 9,494,091
reis in other papers of credit. The bank has also
advertised authoritatively for all purchasers of na-
tional property to pay the amount of their pur-
chases into the coffers of the bank, as if the
directors were in the exercise of ministerial
functions. _ _ _ _ .

Exchange, 54 ; discount of Lisbon bank notes,
31 per cent.
On the 9th inst., at Lisbon, a mutiny broke out
among the crew of the Melbourne screw emigrant
ship to Australia. One seaman was stabbed by
another, and is not expected to live. The captain
and officers went on board the Inflexible' for secu-
rity, the captain of which sent his boats, armed,
and brought away five of the ringleaders and put
them in irons on board of his ship. The Melbourne
put into Lisbon leaky, with loss of all three masts
in moderate weather, as also did the ship Typhoon,
dismasted in a gale. Several of the Melbourne's
passengers have come home in the Severn.

LAW INTELLIGENCE.

COURT OF EXCHEQUER—Nov. 13.
LUMLEY V. GYE.-THE WAGNER CASE.

Mr. Creasy, on Friday, applied under the 80th sec-
tion of the Common Law Procedure Act, for leave to
plead, and demur at the same time, to the declaration in
in this case. The declaration stated that Mdlle. Johanna
Wagner had entered into a contract with the plaintiff to
perform and sing for him, at her Majesty's Theatre, dur-
ing three months, and that the defendant, knowing this
fact, had induced Mdlle. Wagner to enter into a contract
with him to sing elsewhere during the same period, and
agreed to indemnify Mdlle. Wagner against the conse-
quences of the breach of her agreement with the plain-
tiff, by reason of which premises the plaintiff had been
deprived of the profits which he would have gained had
Mdlle. Wagner performed her engagement, to the plain-
tiff's damage of 30,0001. To this the defendant pro-
posed to plead. 1. Not guilty. 2. Traverse of the
contract between the plaintiff and Mdlle. Wagner. 3.
Traverse of the defendant's knowledge of Mdlle. Wagner
having entered into a contract with the plaintiff. 4.
Traverse of Mdlle. Wagner having been prevented ful-
filling her contract with the plaintiff in consequence of
the acts of the defendant.
The grounds of the proposed demurrer were that the
declaration did not show a legal damage resulting to the
plaintiff from the acts of the defendant.
The application was made on affidavits by the defendant
and his attorney, stating that the defendant was " ad-
vised and believed that he had just ground to traverse the
several matters proposed to be traversed by him."
The Court considered that some of the matters proposed
to be traversed were peculiarly within the knowledge of
the defendant, and should be sworn to, and therefore
recommended the learned counsel to renew his application
on amended affidavits, the present being insufficient.
The learned counsel, in consequence of this, renewed
his application to-day (Saturday) on amended affidavits
from the defendant, who swore, with respect to the mat-
ters proposed to be traversed, that such of the facts as
came within his own knowledge were true.
On this the Court granted the application.

COURT OF COMMON PLEAS.
IN RE STORY.

Mr. Parry renewed an application made on a former
day, for a prohibition to issue to the Bishop of London
to prevent his client, Mr. William Story, being pro-
nounced in contempt of the Ecclesiastical Court. It ap-
peared that his wife, Mrs. Elizabeth Story, had insti-
tuted a suit against him praying for a restitution of
conjugal rights, and he had received notice of a motion
requiring him to take her home and treat her with con-
jugal affection, and to certify that he had done so before
the next Court day. This notice was served upon him,
but when he appeared a different notice to pay past ali-
mony was moved, and he had been decreed in contempt
for not making this payment ; at the same time his wife
had been refused by her proctor to be delivered up to
him, and this decree had been pronounced in his absence.
Mr. Parry referred to the case of Ex parte Kenning, 17
L.J.Q.8., 257, and Capel v. Child, 2 Cr. and Jer., 574,
and contended that this judgment ought not to have
been pronounced in his absence, or without notice to
him to appear.
Mr. Justice Maule said he had been regularly cited to
appear, and it might be his duty according to the prac-
tice of the Court to attend every other stage of the pro-
ceedings.
The Court refused the application. The Ecclesiastical
Court was competent to pronounce the judgment it had
done. Story appeared to have been duly summoned in
the first instance, and it could not be contended that a
wrong practice had been followed, and Story had not
shown any irregular proceedings to render a prohibi-
tion necessary.
Rule refused.

INSOLVENT DEBTORS' COURT.-oa. 13
IN RE MANUEL EDINE DURUP.

The circumstances of this case, which occupied the at-
tention of Mr. Commissioner Law more than three
hours, were of a very novel character. The insolvent,
who had been a long time in prison, was charged by his
mother with stealing some articles of grocery, of the
value of 155., and committed for trial. Before 'the trial
she died, and by her death he became entitled under his
father's will to property to about 3,0001. On the
trial his mother's depositions were read, and he was
convicted, on which he was sentenced to three Weeks'
imprisonment. As he was convicted of felony his
property became forfeited to the Crown, and it was ac-
cordingly claimed. Applications were made on the part
of the insolvent and his creditors to induce the Crown
to forego the claim, and it was now stated. that
Crown had given up the right, and that the insolvent's
the
aunts had claimed it, on the ground that the
insolvent_
was illegitimate, his parents having
e now been married only
by the Roman Catholic religion.
it was the first time he had heard that declared that
the Crown had
relinquished the claim. He denied that he e was, illegiti-
mate, as his parents were married at St. George s,
Han-
over-square, after the ceremony in the Romish Church.
Mr. Commissioner Law, after a long investigation,
required further evidence, especially as to the alleged
marriage. It was important to ascertain whether the
property could be obtained for the creditors.
The case was adjourned.

THE SAXON INVASION OF IRELAND.—It is stated that
several Scotch farmers have recently gone to reside at
Aghada, county of Cork, on lands the property of the
Earl of Shannon. These agriculturists are in com-
fortable circumstance!, and much benefit is expected to
be derived in the district by their residence and improved
mode of agriculture. In consequence of the number of
Scotch Presbyterians now residing in Aghada it is ar-
ranged that a clergyman of that persuasion shall attend
every Sabbath, with the view of affording spiritual in-
struction,