The Sun.
London, England, 1858-07-20 00:00:00

"TING, erTTLI'

Lil TEST NEWS.

THE ATLANTIC TELEGRAPH

SQUADRON.

(BY ELECTRIC TELEGRAPH.)

LIVERPOOL, TUESDAY MORNING.

The United States steam frigate Niagara was
off Cape eldar on the 18th instant, at 4 a.m.,
and her Majesty's steamer Agememnon was off
Kinsale, at 11 a.m. on the same day, with the

Atlantic cable.

FRANCE.
PARIS, MONDAY.
The Moniteur du Calvados gives the following as
the programme of the passage of the Emperor and
Empress through that department, on their way
to Cherbourg :
" Their Majesties will arrive at Evreux (Sure)
on Tuesday, the 3d Aug., towards the middle of
the day, and will be received at the railway station
by the prefect and the general of the department
and the Mayor of Evreux. Their Majesties will
proceed in a carriage to the Hotel of the Prefecture,
and on reaching the cathedral will find the bishop
and clergy in waiting to pay their respects. At
the Prefecture the Emperor will receive the civil
and military authorities, and the Empress the
ladies of the place. The Emperor and Empress
will then proceed to bisieux (Calvados), and at
the railway station they will be received by the
prefect of the department and the local authorities
of the town. Their Majesties will then proceed
to Caen, where they will arrive at five o'clock,
and where they will be received by the mayor
and all the local authorities. The mayor will pre-
sent the keys of the town to the Emperor. The
Emperor and Empress will proceed through lines
formed by the troops of the Prefecture, where the
mayors of the department will be assembled. The
Empress will hold a reception of ladies, and a
magnificent bouquet w;11 be presented to her Ma-
jesty. At seven the Emperor and Empress will
(Jive a grand dinner, and at nine Will proceed to a
ball at the Hotel de Ville. In the morning of the
4th the breeders of horses of the department will
present to the Emperor specimens of Norman brood
mares and horses, and his Majesty will visit the
cavalry depot, in which there are 300 horses. After
taking a drive in the town the Emperor and Em.
press will leave at midday, and proceed to Bayeux.
There, after being received by the local authorities
at the railway station, thta Emperor and Empress
will visit the cathedral. A piece of lace, of con-
siderable value, is to be presented to the Empresi
in the name of the town. Shortly before two their
Majesties will leave Bayeux, and will reach Cher.
bourg at a quarter past four."
A Brest journal says that the Emperor and Em-
press will not go from that -place to Chateaulin by
sea, as originally intended, but by the Imperial
road to Quimper. Two officers of the Imperial
household had been at Brest to make preparations
for tha recep•ion of their Majesties.
"It is related in diplomatic circles," says the
Journal du Havre, " that Paul Pacha has in-
fennel Count Walewski and Lord Cowley that the
Porte is ready to pay to Mile. Eveillard, by way
of indemnity, a sum of 150,0001., and a similar
sum to the family of Mr. Page, the English Vice-
Consul."
BOURSE, July 19.--The following were the latest
quotations
per Cents ......... 05 80 , Credit Fonder
Do. end month Belgian 4
3 per Cent. ..... 68 15 Piedinontesa (5)
2
Do. end month
Bank Shares .. .. 68 30 Roman .
... 3030 -- Austrian
Credit Mobilier ... 607 50 Spanish Threes
Do. Account 6OB 75 Home Debt
RAILWAYS.--FOR CASH.
Orldans
Northern
New Ditto 752, Eastern
Lyon and Moditeran.. 753 Grand Cent, al
New Ditto — Sardinian
Geneva

LAW INTELLIGENCE.—(This Day

-

COURT OF PROBATE.
(Before Sir C. Cresswell, Judge Ordinary

IN RE GEORGE CARTER, DECEASED—IMPORTANT POINT.
Dr. Waurbey applied for the issue of letters of adminis-
tration to the deceased's sister. The deceased was
born in 1807, and resided with his parents till 1825,
when he went to sea, and bad never been since beard of.
The sum involved was the deceased's share in
2,1001. 3 per Cent?.

Sir O. Cresswel,l said a difficulty arose in this case.
By the papers before him the father did not die till 1835,
and the presumption was that the deceased died before
his father.

Dr. Waurbey submitted there was no limited period
laid down in the Prerogative Court.
Sir C. Cresswell said the presumption in law was that
if a person was not heard of within seven years, he was
dead, but it fixed no specific time within that period,
and he had acted on that assumption ever sines he had
sat in that court, and he would continue to do so.
Dr. Waurbey suggested that his lordship should grant
administration under the discretionary clause.
Sir C. Cresssvell said he could not do that, because he
might, by so doing, be granting it to the wrong party.
The father left a will and executors, giving the property
to his children, and in the event of George, the de-
ceased, not being heard of within four yeqrs, his share
should be divided amongst the others.
Dr. Waurbey said that if his lordship presumed the
father survived the son, he could not ask him to grant
letters of administration.

Sr 0. Crasswell said he was bound to presume that
the deceased was dead at the end of seven years, and
that his father survived him.

Application refu3ed.

IN RE GALSWORTET, DECEASED.
Dr. Waurbey said the deceased was a mariner, and
resided in Redcliffe-street, Bristol. In August, 1857, las
sailed from London, bound to St. Kith's. He arrived
there at the end of 34 days, and sailed for
England in November following. Neither he nor the
crew or the ship had since been heard of ; and it ap-
peared that during this period heavy gales at sea
had occurred in the direct track of the ship, and it
was believed the ship must have foundere:), and the
deceased, with his crew, perished in consequence. The
underwriters had paid the insurance on the ship, and
the wife now prayed that probate be granted to her as
sole executrix and legatee of her husband.
Application granted.

COURT OF DIVORCE.
(Before Sir C. Crewmen, Judge Ordinary.)
DAVIS V. DAVIS—ALIMONY.
Dr. Tristram, who appeared for the wife, who bad
instituted p oceedings for a dissolution of marriage on
tLe ground of cruelty and adultery by the husband,
applied for alimony pendente late. The respondent was
a farmer in Wales, and, according to his statement, he
was poseessed cf a freehold worth 1001. a year, a portion
of which he let for 301. a year. Ile was also in receipt
of 641., exclusive of income-tax, frora certain property
belonging to his wife. His stock and furniture he valuc'd
at 3371. He also stated himself to be indebted in
6001., for which he paid 271. per annum interest.
There were eight children by the marriage—the oldest
of whom, a daughter, was married ; the others, who
were under age, resided with the mother, the youngest
of them being about six years of age.
Dr. Deane, who appeared for the husband, said the
question of the custody of the children would have to
Come before the Court on a future day. The sworn in.
come cf the hu,baud W 3,3 1641., leas 271. interest, and he
was possessed of 387/., stock and furniture.
The judge said thO wife was not bound to keep the
children, and under the circumstances he decreed ali-
mony to the amount of 35/. a year during the progress
of the suit, the amount to be paid monthly.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE MORRIS BROWN AND CO.-PETITION TO ANNUL--
IMPORTANT QUESTION.
To-day was appointed for hearing a petition to super-
sede the bankruptcy of Messrs. Morris Brown and Co.,
who were extensive Government contractors, &e., at
Rochester and Chatham.
Mr. Roxburgh and Mr. Pook were for the bankrupts.,
Mr. Holroyd for the opposing creditor, a gentleman
named Crampton, and one of the as7ignecs, but who had
not proved hie debt.
The case, although not entirely novel in some respect,
is of impottince with regard to others, affecting the in-
terests of creditors dissenting to a compromise. It ap-
peared that an arrangement had been proposed and
agreed to by every creditor but Mr. Crampton, a cre&-
tor to a large amount, but who had not proved his debt,
and he on some ground opposed the present petition.
His Honour read a leiter from Mr. Commissioner
Holroyd, who was the commissioner to whom the case had
been ballotted, expressing his opinion that the present
motion ought not to be heard until a question between
Mr. Crampton and the bankrupts had been decided.
His Honour said that be so fully coincided in the view
of the case which the learned Commissioner Holroyd bad
taken that he would suggest to counsel not to proceed.
Mr. Roxburgh objected to any postponement—the case
came before the Court in the usual way, and he-felt
assured that it would not be at all influenced by
information not strictly before the Court, for
however deferentially he might yield to the decision or
opinion of one learned commissioner under one state
of circumstances, he insisted on the right of th e
bankrupts to be heard on their petition, as all the
creditors had been satisfied except the opposing creditor,
whose debt had been tendered to him. The learned
counsel alludod to several cases in which supersedeas had
been granted adverse to the opposition of an individual
creditor.

His lionour wished to know whs'her any case coulJ
a supersedeas could be claimed as a
right. Lord Eldon had hold that it was a matter in the
discretion of the Court.
Mr. Roxburgh said that this case differed very much
—waiving for the instant, however, the right here was a
case of discretion—every creditor who had proved agreed ;
but one who had not, but could be paid in full, refused,
and why should he be allowed to intervene between the
bankrupts and their creditors, and ruin all their future
Prospects. In such a cave as this it would be hard, in•
deed, to lay down the diction that a party who, although
he might be a creditor by his own lachee, had not proved
his debt, should be now allowed to appear as a party in
the cause in Court.

LOUSE OF LORDS, JULY 20.
(Peers present—The L)rd Chancellor, Lord Cranworth,
Lord Wensleydale, and others.)
APPEAL—SIR MOSES MONTEFIORE, BART., V. BROWNE.
The further hearing of this part-beard appeal was ap-
pointed at half-past 10 o'clock this morning.
Mr. Braithwaite (Ireland) was heard for the appellant.
Mr. Moreley (Ireland) was i❑ a' tendance for the ap-
pellant.

Sir Richard Bethel, Q.C., addressed the Court for the
responden ts.