The Sun.
London, England, 1860-03-01 00:00:00

41/4.4

Ills Royal
examination for r.eidsh—s Ton37ince 41.
the day lfred passed his
boa rd the Euryalus
.....scsuip anchored at Spithe ad. The exami-
nation extended over three days. T he King of PT--
tugal dined with the Prince and of cers of the ship,
board, on the 18th inst. The Euryalus sailed
m Lisbon on the following. day; tan had a wind until until off Ushant, whei t veered from
'
trato N.W. and S.W. Off Cal
1.-tnin by falling from aloft 3e Finisterre she
lost a;. , 'overboard. She
,he Channel squadron bel ow Plymouth, at
lassea
0 30' p.v. on Sunday, standing ( na a wind down
Chamiel. The only foreign vessels of war in the Ta-
gus when the Euryalus sailed we re a Dutch squad-
ron of a
frigate and two corvettea ; under a Commo-
dore's pendant. The Euryalus is very defective,
both in her hull and machinery, and is expected to
go into Portsmouth Harbour to i lock and refit.
The screw steam frigate Mers; 3y, 40, Capt. Cald-
well, C. 8., put into Plymouth E sound on Tuesday,
with steering apparatus defecti Lye, having parted
company on Monday morning a tlO o'clock, lat. 49
30-N , long. 4 25W., with the ] Edgar, the Donegal,
the Melpomene, the Algiers, the Trafalgar, the
Aboukir, the Queen, and the • Royal Albert. The
flagship was ahead, out of sigh' I. The squadron was
under canvas and steam, ender ivouring to beat out
of the Channel against a stra ng N.W. wind. On
Saturday at 2 o'clock in the a fternoon the Mersey,
which was steering W. half N., came in contact
with the screw steamship Ai/ ;iers 91, Capt. G. W.
D. O'Callaghan. Both w .s 3 under all sail ; the
wind, from S.S.W., was so . -Light that neither ship
was under full command. ". CiL e Algiers lost her jib-
boom and flying jibboom. Tle Mersey was struck
on the port quarter, and. I me I two of her cutters
stove in. Since then the Nrer sey has experienced a
series of severe storms, Tad) ch have at different
times washed away her liani l, hammock berthing,
&c. On Monday, about noon a, wind N.W. by W.,
and having a force of 10, atr emendous sea carried
off from the main chains anal, drowned Henry Hay-
ward, 24, coxswain of the en tter, a native of Can-
terbury, and, from the head , John Summers, 18,
first-class boy, belonging tot 3outhsea. The Mersey
was then under close-reefed topsails and fore stay-
sail. The yoke of her rudder has been bent by wear
and the recent violent stria' inings of the sea, and
this was the immediate ca En .e of her return.
The Bacchante, 51, screw , in charge of Captain
G. T. Gordon, commanding the steam reserve at
Portsmouth, steamed out to Spithead yesterday on
her contractor's trial of mat chinery. On steaming
out beyond the Nab Ligb t Vessel, going at full
speed, she stopped engines; and went astern in 42
seconds. Again, at full spa ed, she stopped engines
and went ahead in 23 He conds. The machinery
worked most satisfactorily •in every respect, with a
perfect command of steam.. As this was only the
contractor's trial, no runs 'were made at the mea-
sured mile. Capt. Harris, her Majesty's ship Illus-
trious, and Commander Thorp, her Majesty's ship
Asia, wore on board during the trial, which was
superintended by Mr. J. Dinnen, Inspector Afloat
to the Admiralty ; Mr. G. Murdoch, Inspector
Afloat at Portsmouth; and Mr. Miller, Assistant
Chief Engineer of her Majesty's Dockyard. The
ship is fitted with a steering apparatus on Admiral
Martin's plan, which will be more effectuatly tested
when the ship's official trial takes place.
The Immortalite, 51, screw, yesterday completed
reshipping her boilers under the factory crane in
the steam basin at Portsmouth. The last of her
boilers, weighing nearly 27 tons, was hoisted from
the jetty alongside, and suspended over the basin,
clear of her bulwarks, in 241 minutes. Mr. G. F.
Barr has joined this vessel as chief engineer.
The Briton, old sailing frigate, was yesterday un-
docked from No. 1 Dock at Portsmouth, where she
has had her copper stripped off her, and as many of
her bolts driven out as possible, their places being
filled up with trenails. She was afterwards slung
with chains, and will be moored up the harbour as
a target ship for the Excellent.
Her Majesty's Royal screw yacht Fairy was yes-
terday docked at Portsmouth for the purpose if
cleaning and examination.
The Indiana, steam screw hired transport, arrived
yesterday morning at Spithead from the Thames,
At high water she steamed into Portsmouth har-
bour, and will this morning embark a detachment
of the second battalion of the 9th Foot for Corfu,
and a detachment of the Royal Artillery for Gib-
raltar.

less than one hour between the two Ineriods of exa-
mination on each day..
" The papers will be collected at the appointed
hours by a member of the Board. Any candidate,
however, who may have finished his examination
paper on any sulue before the hour named may
deliver it into the hands 6.,c member of the Board.
" Candidates will bring their writing and draw-
ing materials, instruments, (Sm., and alt." the tables
of logarithms they are in the habit of using.
other books or notes of any description va be
allowed to be used.
-" It is scarcely necessary to observe that no com-
munication whatever will be allowed between the
candidates at the examination.

" Officers commanding regiments abroad are to
transmit to the general officer in command a return
of the officers desirous of competing, together with
a medical certificate of good health and fitness for
the active duties of the Staff. Such officers will
then be ordered to join at head-quarters for exa-
mination, or at any other places which may be se-
lected for the convenience of those at the more dis-
tant stations.

" With reference to paragraph IV. of the revised
regulations for the Staff College, published with the
General Order, No. 743, of the 23d ult., which di-
rects 'that if the commanding officer of the regi-
ment, or the general officer commanding, cannot
recommend the application of any candidate, the
grounds of objection are to be distinctly stated,'—it
is to be observed that, as there will not be time at
distant foreign stations to refer to the Adjutant-
General on the subject, such officer should, in all
cases, be permitted to undergo his examination, on
the understanding, however, that the objections
urged against his application will still be submitted
for the decision of his Royal Highness the General
Commanding-in-Chief. - •

" General—officers commanding- at foreign stations
will place no restrictions upon officers competing,
further than the exigencies of the service may ab-
solutely require. It will be understood that the
rule by which only one officer can be spared from
a battalion at a time, for the purpose of studying at
the Staff College, does not apply to candidates from
battalions which have officers now at the College,
but whose course of study will terminate in December
next.

LAW IN7'ELLIGF,NCE.—Feb. 29,

VICE-CHANCELLOR'S COURT,—FEB. 29.
(Befa'e Vice-Chancellor Sir R. T. Kindersley.)
MORTON V. MEI%
This was a suit instituted by the owner of the
well-known place of amusement the Canterbury-
hall against the owners of the adjoining property,
to determine the rights of the parties with re-
ference to an interference with the beneficial en-
joyment of the last-named property by reason
of the building of a projection by the plaintiff over-
hanging the defendant's ground. This projection
formed a portion of a recent enlargement of the
Canterbury-hall. The plaintiff alleged that the
interference with the neighbouring property took
place with the assent of its late owner (a Mr. Grey,
now deceased), and that, in fact, Mr. Grey saw and
approved of the plans for the alteration. The de-
fendants detiied this statement, and set up as their
case that no agreement was ever entered into.
Mr. Bazalgette, Mr. Humphrey, and Mr. Morris
appeared for the parties.
The Vice-Chancellor said that no doubt the death
of Grey had involved the case in some obscurity,
and that in his absence direct evidence upon im-
portant points was to a great extent wanting, but
upon the general circumstances of the case his
Honour came to the conclusion that the assent of
Mr. Grey had been given to the plan which in-
volved the erection of the overhanging projection,
and that a decree must be made in the terms prayed
by the bill.

---
COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell.)
'BROAD V. HARRISON AND BROAD.
This was a testamentary cause tried before his
lordship and a common jury at the last sittings. A
verdict was given against the will, on the ground of
incapacity.
Dr. Spinks moved for a rule for a new trial, on
the ground that the verdict was against evidence.
The Court granted a rule nisi.
BROADBENT V. HUGHES.
In this case a jury had returned a verdict in
favour of the will of a testator named Hughes, and
probate had been granted by the Court, but time
had been taken to consider the question of costs.
The defendant, who opposed the will on the grounds
of undue execution, incapacity, and undue iLflu-
ence, was the nephew of the deceased ; the plain-
tiff was the executor, and the husband of a niece
of the deceased, in whose favour the will is made.
Mr. Sergeant Shee, Dr. Wambey, and Mr. Fran-
cis were counsel for he executor; Dr. Phillimore,
Q.C., and Dr. Tristram for the defendant.
Sir C. Cresswell said he had been anxious to ex-
tract from the books some definite rules with re-
gard to the costs of an unsuccessful opposition to,a
will, but he had been unable to find any certain
rules laid down on the subject. In some cases the
parties opposing had been relieved from the neces-
sity of paying costs, because the deceased had left
his papers in a state of confusion, which naturally
led to dispute ; in other cases they had been relieved
from that necessity in consequence of the parties in
whose favour the will was made having so con-
ducted themselves as to excite suspicion. After
looking through the correspondence and the evi-
dence, he had come to the conclusion that there
were circumstances in this case calculated to excite
the suspicion of the defendant, and therefore the
Court would not condemn him in costs; but it would
be very mischievous to allow wills lightly to be re-
sisted at the expense of the parties in whose favour
they were made, and therefore the costs of the op-
position would not be allowed out of the estate.
PRYOR V. PRYOR.
The question in this case was, whether the will
of the late Anthony Pryor, of Plymouth, could be
admitted to probate, notwithstanding that one of
the attesting witnesses had signed her husband's
name instead of her own in the attestation clause
by the desire of the testator, her husband not
having been present at the time of the execution.
Dr. Swabey, who appeared in support of the
will last week, examined the two persons who had
signed the will as attesting witnesses.
His Lordship now said he adhered to the opinion
which he had formed at the hearing of the cause
that the attestation was not valid, and pronounce
against the will.