The Sun.
London, England, 1860-01-20 00:00:00

PARISH OF ST. GEORGE-IN-THE-EAST.

Last evening a meeting of the vestrymen of this
parish was held in the boardroom of the workhouse
for the purpose of proceeding with the election of an
afternoon lecturer in the wish church, in the room
of the Rev. Hugh Allen, M.A., who had been no-
minated by the Lord Chancellor to the rectory of
St. George's, Southwark. Mr. Foulger presided.
Owing to the revival of the disturbances in the
parish, consequent upon the practices which are
carried out in the church, there was an unusually
full vestry; and many of the most influential
parishioners were present to watch the proceedings.
The CHAIRMAN announced that the following
gentlemen had announced their intention of becom-
ing candidates for the lectureship :-1, the Rev.
Thomas Richareson, St. Bees' Theological College,
Cumberland, incumbent of St. Matthew's Church,
St. George's-in-the-East ; 2, the Rev. James Kelly,
M.A., late incumbent of St. Peter's Episcopal
Chapel, Queen-square, Westminster; 3, the Rev.
J. B. Courtney, M.A., of Trinity College, Dublin,
late curate of St. Mary's, Whitechapel, and All-
hallows, Thames-street; 4, the Rev. Joseph Irving,
M.A. ; 5, the Rev. John Dickenson Bell, St. Bees'
Theological College, curate of Mansfield; 6, the
Rev. James Parker, M.A.; 7, the Rev. Henry Temple,
M.A., of Brasenose College, Oxford, head master of
Coventry Grammar School ; 8, the Rev. Horace
Roberts, M.A., Magdalene College, Cambridge, late
assistant minister of Bedford Episcopal Chapel,
Bloomsbury ; 9, the Rev. Robert Bickerdike, M A.,
Trinity College, Dublin, curate of St. Saviour's,
Southwark ; 10, the Rev. Charles Thomas Woods,
M.A., of Trinity College, Dublin, minister of Wo-
burn Chapel, Tavistock-square ; 11, the Rev. Geo.
Eastman, St. John's College, Cambridge, rector of
Draycott Folliatt, Wiltshire, late curate of Stepney;
12, the Rev. Alfred Henry Roxburgh, curate of
Ufton, near Leamington.
No sooner had the proposition for proceeding to
the election been made than a vigorous discussion
sprang up as to the mode of taking the votes. One
vestryman suggested that the candidates should be
reduced to two, and that then there should be an
election of one of them. Another proposed that a
ballot should be taken, and that the highest on
the poll should be declared elected. Various ways
of proceeding were recommended, but the Chairman
ruled that, according to a by-law of the vestry, a
ballot must be taken for all the candidates, and that
the gentleman who obtained most votes should be
declared successful.

This decision gave rise to an animated and not
very polite discussion. Phrases such as " holding
an unjust balance," " unworthy of Englishmen,"
and " dodge" were freely bandied about. Finding
that there was no chance of an amicable settlement
of the matter, it was proposed by Mr. ARMSTRONG,
and seconded by Mr. BATMAN, that the election of
lecturer be deferred for a month. _ _

v•••••
Mr. HERBERT strongly protested against the ad-
journment. _ There :had been no afternoon lecture
during the last fortnight, and this motion would
deprive the parishioners of the only service they
could attend with any satisfaction in their parish
church. (Cheers.)
Speeches of extraordinary vigour pro and con.,
having been delivered, the motion for deferring the
election we--; agreed to.
Mr. Churchwarden THOMPSON gave notice that at
the next meeting of the vestry he should move the
rescinding of the by-law which restrained the
vestry from voting in any way they thought proper
upon the matter.
Mr. BARRETT inquired whether any opportuni-
ties would be afforded for hearing the caddidates
preach before the election was proceeded with.
A vestryman suggested that the Surrey Music-
hall should be engaged for a day, so that all the
candidates might preach there. Vestrymen who
might have the courage to hear them all would be
able to form an opinion before voting.
The report of the Lecturer's Committee was then
brought up. It stated that the committee who had
been appointed to remunerate Mr. Allen for his
services bad collected £46. (Mr. Allen was lecturer
three mpnths.) They had deducted £4 for the
organist and for lighting the church, and had
handed over £42 to the rev. gentleman.
Mr. HERBERT moved that the thanks of the vestry
be conveyed to the Rev. Hugh Allen for the manner
in which he'had discharged the duties of lecturer,
under very trying circumstances.
Mr. BARRETT thourlitt it would be better if the
vestry would put their hands in their pockets and
give him a bit of vellum, like men. (Laughter.)
Mr. PARFITT did not think the vestry ought to
humble themselves by adopting such a motion. It
must be remembered that Mr. Allen said he would
bear the law expenses consequent on the appeal to
the Court of Queen's Bench. He did not think a
vote of thanks was at all called for.

Mr. STEPHENS contended that the law expenses
were incurred in defence of the rights of the parish-
ioners, and that 'the vestry were clearly responsible
for them. lie would second the motion for. the
vote of thanks to Mr. Allen.

Mr. SMITH considered it preposterous to use the
words " trying circumstances" in connexion with
Mr. Allen's lectureship.

Mr. BARRETT believed that any v t of thanks
which the vestry might award would° amount to
just nothing at all. When Mr. Allen received it
he would scarcely know what to do with it. If
gentlemen would subscribe half-a-crown a-piece for
ellum and frame it would be very much better than
a dry vote of thanks. The congregation of St.
Jude's had, on the previous day, given Mr. Allen a
vote of thanks and £7O. That was something like
a vote of thanks. He had no doubt that the money
was the more acceptable part of it. (Laughter.)
Mr. SLY said he thought it would be something
to a man of honour to have a vote of thanks from
the vestry who elected him.
Mr. ARMSTRONG thought it would be ungracious
to refuse such a simple act of courtesy. Ho thought
Mr. Allen would be quite content without any half-
crowns. (Laughter.)
At length a resolution, simply thanking Mr.
Allen for his services, was agreed to.
Mr. Smut' gave notice that, at the next meeting
of the vestry, he should move a resolution affirming
that, in consequence of the determination of the
rector to persist in practices which were opposed
to the feelings of the parishioners, the parochial
constables and other officers be withdrawn from
attendance on the services of the parish church.
Mr. HERBERT assured the vestry that all the
disturbances, which were renewed last Sunday,
were by persons wholly unconnected with the
parish, who came from a distance to support the
rector, and who were admitted privately into the
church, through the rectory-house, before the gates
were opened for the ordinary congregation.
The vestry then adjourned.

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LAW _INTELLIGENCE—Ian. 19.

COURT FOR DIVORCE AND MATRIMONIAL

CAUSES.
;Before the Judge Ordinary, Mr. Baron Channell,
and Mr. Justice Keating.)

SIMONIN (FALSELY CALLED MALAC) V. MALAC.
Dr. Phillimore, Q.C., and Dr. Swabey appeared
for the petitioner. _

The hearing of this petition by Mdlle. Simonin
for a declaration of the nullity of a is facto mar•
riage which she had contracted with Leon Malec,
which was commenced on Tuesday, was resumed at
the sitting of the Court.

Madame Simonin, the mother of the petitioner,
said that Mdlle. Simonin is now 28 years of age,
and that at the time of the marriage M. Malec told
her ho was 29. Her daughter and Malec asked her
consent to the marriage before they came to Eng-
land, and she gave it. They asked it, and she gave
it verbally.
Mr. Noel, who formerly practised as a notary
public and advising counsel at Paris, explained
the French law, as contained in the 170th, 63d,
151st, 152 d, and 'ls4th articles of the Code Napo-
leon, on the subject of the marriage of French
subjects in foreign countries. If two French subjects
went to a foreign country for the purpose of evad-
ing the French law, and there contracted a mar-
riage without due publication in France and with-
out consent of parents, and then returned to France
the French courts would annul the marriage. But
if the consent of the parents was signified after the
marriage it would be held good. When the parents
of parties un'ler a certain age who wished to con-
tract a marriage withheld their consent, the proper
course was to draw up an acte respectueux et forma
before a notary, requesting their consent. The pa-
rents might then give or withhold their consent,
and a minute of their decision would be drawn up
by a notary. If the parents consented, they must
either go before the Maire when the marriage was
contracted, or their consent in writing, drawn up
by a notary, must be produced to the Maire. When
certain prescribed forms had been observed, and a
certain time had elapsed after the acte respectueux
had been presented, the marriage might take place
even without the consent of parents.

Dr. Phillimoro submitted that he had now esta-
blished that the parties had a French domicile at
the time of the pretended marriage, and that the
marriage was in fraud of the French law. The
want of capacity to contract the marriage by the
law of domicile was, he contended, fatal to the va-
lidity of the contract. He admitted that Storey, in
his " Conflict of Laws," laid down that contracts of
marriage were governed by the lex loci contractus,
whatever might be the capacity or incapacity of the
parties by the law of domicile ; but that proposition
was not borne out by Pothier, Huber, Savigny,
Felix, and the other jurists whom he cited. If their
lordships should be of opinion that there was no
precedent for a case like the present, he hoped they
would not lay down a principle different from that
h w ich guided all other civilised States, but would
give effect to the prohibitory laws of a foreign
country when they found that two subjects of the
foreign country had come to England to enter into
a marriage contract for the mere purpose of evading
those laws.

Sir C. Cresswell regretted that the Court had not
had the assistance of cDunsel on both sides in a case
of this importance, and said they would take time
to consider their decision.
WILTON V. WILTON.

Mr. Karslake appeared far the petitioner.
This was a petition by John Wilton, a major on the
retired list of the Madras army, and late a captain
in the 36th Regiment of Madras Native Infantry,
for a dissolution of his marriage with Emily Blake-
ney Wilton, on the ground of adultery. The mar-
riage took place at Ootacamunde, in the East
Indies, in May, 1833, the petitioner being then a
lieutenant, and the respondent a Miss Pilkington.
They cohabited at various places in India at which
his regiment was stationed at different times until
1842, and had two children. In that year, in con-
sequence of his wife's bad state of health, he brought
her and the children to England. They reached
England in September, 1842, and he remained with
her until April, 1843, when he was obliged to re-
turn to his regiment in India. He placed his two
daughters at school at Brighton, and left his wife
an allowance of £7O a year, as her health did not
permit of her returning with him. Capt. Wilton
remained in India until 1848. In the December of
that year he was living with his wife at the house
of a Miss Dotterill, who kept a school at Stratford,
in Essex. In the same house there was a child

named Amy, and in consequence of a communica-
tion that he received respecting that child he sepa-
rated from his wife, and has not since cohabited
with her, but until a recent period continued to
make her an allowance.

It was proved by Mrs. Ayres, a nurse, that on
the 15th July, 1845, Mrs. Wilton was delivered of
a child at a house in the City-road, which was
christened " Amy," and of which she said that Mr.
Robertson, a surgeon, was the father. Mr. Robert-
son was then on his way to South America, where
he had an appointment connected with a mine. He
has since died, and leave had been obtained to pro-
ceed with the suit without a co-respondent.
The delay which had taken place in the institu-
tion of a suit was explained by the inability of
Major Wilton to incur the expense which would
have been necessary before the passing of the Di-
vorce Act.

The Court held that the allegations in the petition
had been established and the delay satisfactorily
explained, and dissolved the marriage.
BILL V. BILL.
Dr. Phillimore, Q.C., and Dlr. Aspinall were
counsel for the petitioner.
John Bill, a bootmaker of Liverpool, married the
respondent in December, 1830, cohabited with her
until 1847, and had eight chi! wren by her. In con-
sequence of her inteinperp.te habits he was obliged
to separate from her in 1847, and made her an
allowance of 12s. per week. In August, 1848, he
discovered that since the separation she had• com-
mitted adultery, and he withdrew the allowance.
He now prayed for a dissolution of the marriage.
Direct evidence was given of an act of adultery
committed by the respondent about 10 years ago.
The Court dissolved the marriage.
DAVIS V. DAVIS.

Mr. J. A. Stephens, Q.V.,(ind Dr. Spinks were
counsel for the petitioner.
Mrs. Maria Louisa Davis prayed for a dissolution
of her marriage with Henry Hart Davis, on the
ground of adultery coupled with bigamy. They
were married in 1835 at Brighton, and cohabited
until 1844, and had two children. In 1844 they
separated. Mrs. Davis afterwards instituted a suit
for a divorce a mensa et thoro in the Consistor.y
Court of London, on the ground of adultery ; and in
July, 1845, the learned judge, Dr. Lushington, pro-
nounced a decree of divorce.
Evidence of these facts were given by M. Michau,
a brother of the petitioner, and it was also proved
that on the 14th of November, 1858, Mr. Davis
went through the ceremony of marriage at the
British Embassy in Paris with a Miss O'Neill, and
afterwards cohabited with her as man and wife at
16, Rue Lepelletier.
The Court dissolved the marriage, with costs
against the respondent.

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beginning to serious
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Experience has proved, first, that it effects a considerable
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HOUSE OF COMMONS, Tan. 18.

EXAMINATION OF BILLS BEFORE PARLIA-
MENT UNDER THE STANDING ORDERS.
Mr. Smith, one of the examiners, sat at ten o'clock in
committee-room, and proceeded to examine the proofs the
standing orders of which had been complied with in the
following bills, which were unopposed, according to num-
bers on petition list, viz.:-
1. Oswestry and Newtown—by additional capital.
2. Great Western Railway.
3. Silverdale and Newcastle Railway.
4. Ulster Railway.
5. Blackburn Gas.
6. Symington and Biggen and Broughton Railway.
7. Commercial Docks Act Amendment. •
8. Liverpool Corporation Water.
9. St. Helen's Canal and Railway (Powers over Rail-
ways near Liverpool and Manchester).
10. London and North-Western Railway, St. Helen's
Canal and Railway Companies.
11. Hedon, Burgesses Land and Corporation Tolls.
12. Hinckley and Leicester Railway.
29. Caledonian Railway (Branches to Lanark).
16. Brompton, Chatham, Gillingham, &c., Water. This
bill was opposed.
Mr. Frere, one of the examiners, also sat in committee-
room No. 16, for the examination of proofs of standing
orders in the following unopposed bills, which were passed :
13. South Devon Railway.
14. Bradford, Wakefield, and Leeds Railway.
15. Doiset Central Railway (works, &c.).
17. Caledonian Railway (Lesmahago branches, &c.).
18. West Middlesex Water.
19. Scottish Drainage and Improvement Company.
20. Inverness and Ross-shire Railway.
21. Wellington (Salop) Water.
22. North London Railway.
23. Great Ship Company.
24. East Somerset Railway.
25. Midland Railway (Burton-upon-Trent Branches).
26. Midland Railway (Rowseley and Buxton Lines).
27. Leeds, Bradford, and Halifax Junction, and Brad-
ford, Wakefield, and Leeds Railway Companies Amalga-
mation.
28. Wakefield Gravitation Water.
Mr. Smith, ens of the Examiners of Private Bills, sat
yesterday morning, at ten o'clock, in Committee Room No.
17, and received proofs that the standing orders of the
House of Commons had been complied with iri the following
bills :—Unopposed York Improvement (Lendel Bridge
and Approaches), Disley and Hayfield Railway, Great
Southern of India Railway Company, Wellington Suspen-
sion Bridge, Limerick and Ennis Railway, Athenry and
Ennis Junction Railway, Midland Railway (Burton-upon-
Trent Deviation), Midland Railway (Use of Railways in
and near London). Opposed—Midland Railway (Hinckley
Extension), Midland Railway (Station in St. Pancras), &c.
Mr. Frere also, one of the Examiners, sat in Committee
Room No. 16, and received proofs in the following bills :
Unopposed—Belfast and County Down Railway, Doncas-
ter and Wakefield Railway. Keith and Dufftown Railway,
Droylsden Gas, London and South-Western Railway (New
Bristol and Exeter Railway at Exeter, &c.), London and
South-Western Railway (New Line to Exeter and Credl-
- Railway, &c.), Cheshire Midland Railway, Water-
ford and Limeriok Railway. Opposed—Medway Valley
Water.
The Examiners will continuo their sittings to-day, and
proceed with a further list.

COUNTRY MARKETS.

BIRMINGHAM-JAx. 19.

A large supply of wheat, most of which 'was out of con-
dition, and prices were at no decline on late quotations
for dry samples, but damp and inferior sorts were unable to
find buyers at is decline. Barley brought last week's rates.
Oats in slow request. Beans and peas unsaleable, except
at a reduction.