The Sun.
London, England, 1861-05-28 00:00:00

PARLIAMENTARY DIVISION.

HOUSE OF COMMONS-MAY 27.

CUSTOMS AND INLAND REVENUE BILL.
Order for committee road ; motion made, and question put,
" That it be an instruction to the committee that they
have power to divide the bill so that each of the taxes
to which it relates may be separately treated." The
house divided ; ayes 34, noes 195.

ATIS-34.
Adderley, C. B. Ingestre, Viscount Selwyn, C. J.
Arbuthnott, Gen.H. Johnson, Captain Somes, Joseph
Ball, E. JoMlle, Sir W. Spooner, R.
Bentinck, G. W. P. Kelly, Sir F. Stanhope, J. B.
Bruen, Henry Kennard, R. Stracey, Sir H.
Cochrane, A. D. Leighton, Sir B. Thynne, Lord H.
Du Cane, Chas. Macdonogh, F. Watlington, J. W.
Duncombe, A. Malins, R., Way, Arthur E
Du Pre, C. G. Mundy, William
Edwards, Major H. Phillips, G. L.
Grogan, Sir Edward Powys, L. P.
lialiburton,gustice Ridley, Sir M. W. Newdegate, C. N.
Hunt, G. W. Salt, Thomas Barrow, W. 11.

TELLERS.

NOES, 195.
Abercromby, R. W Fortescue, Hon. D. Nicol, William
Adair, H. E. Fortescue, C. S. Norris, J. T.
Adeane, H. J. Freeland, H. W. North, F.
Alcock, T. Gibson, T. M. Ogilvy, Sir J.
Atherton, W. Gilpin, C. Packe, G. H.
Ayrton, A. S. Gladstone, W. E. Paget, C.
Bagwell, J. Glyn, G. C. Paget, Lord C. E.
Baring, Sir F. Glyn, G. G. Palmerston, Visct.
Bathurst, A. A. Goldsmid, Sir F. Paull, H.
Baxter, W. E. Gordon, C. W. Paxton, Sir J.
Bazley, Thomas Gower, F. L. Peel, F.
Bellew, R. M. Graham, Sir J. R. G. Pilkington,James
Benyon, R. Greene, Capt. J. Pinney, Wm.
Bethell, Sir R. Greenwood, J. Portman IW. H. B.
Biggs, John Gregson, S. Pryse, Capt. E. L.
Black, Adam Grey, Rt. Hn. Sir G. Pugh, D. (Carmar.)
Blencowe, J. G. Gurdon, B. Puller,C. V.
Bonham-Carter, J. Hadfield, Geo. Ramsden, Sir J. W.
Bouverie, E. P. Hankey, Thomson Repton, G. W. J.
Bouverie, P. P. Harcourt, G. G. V. Ricardo, 0.
Bridges, Sir 8., Bt. Hayter, Sir Wm. Robertson, D.
Bright, J. Headlam, Thos. E Roebuck, J. A.
Bristow, A. Heathcote, Sir W. Rothschild,Baron L.
Browne, Lord J. T. Heneage, G. Rothschild,Baron M
Bruce, H. A. Hervey, Lord A. Russell, Lord J.
Buller, J. W. Hodgkinson, G. Russell, A. J. E.
Bury, Viscount Hodgson, K. D. Scully, V.
Butler, C. S. Hodgson, R. Seymour, H. D.
Buxton, C. Horsfali T. B. Shelley, Sir J. V.
Calthorpe, F. H. Horsmhol E. Sheridan, R. B.
Cardwell, Rt. Hn. E. Howard, Hon. C. Sheridan, H. B.!
Castlerosse, Vist. Howard, Lord E. G. Shirley, E. P.
Cavendish, Hon. W. Ingham, R. Sibthorp, Major
Cavern-11AI, Lord G. Johnstone, Sir J. Sianey, R. A.
Childers, H. C. E. Kekewich, S. Smith, J. B.
Clay, James Kershaw, J. Smith, M. T.
Clifford, C. C. King, Hon. L. Smyth, Col.
Clive, George King,"J. K. Smollett, P.
Close, M. C. Kinglake, Serj. J. Stansfeld, J.
Cobden, R. Kingscote, Lt.-Col. Steel, John
Colebrooke, Sir T.E. Kinnaird, Hon. A. Talbot, C. R. M.
Collier, R. P. Langston, J. H. Thornhill, W. P.
Coningham, Wm. Langton, 11. G. Tite, Wm.
Cowper, Hon. W.F. Lawson, W. Tollemache, Hon.F.
Craufurd, E. 11. J Lee, W. Tomline, G.
Crawford, R. W. Legh, G. C. Trelawny, Sir J. S.
Crossley, Frank Lewis, Sir G.C., Bt. Vandeleur, Col.
Dalglish, Robert Lindsay, W. S. Verney, Sir Harry,
Dent, John Dent Locke, John Villiers, Rt. Hon. C.
Dillwyn, Lewis L. Lowe, Rt. Hon.R. Walpole, S. H.
Dodson, John G. Lytton, Sir E. B. Walter, John
Douglas, Sir C. Mackinnon,W.(Rye. Warner, Edward
Dunbar, Sir Wm. McMahon, P. Wemyss, J.
Dundas, Sir David Mainwaring, T. Westhead, B.
East, Sir J. B. Martin, P. W. Whitbread, S.
Egerton, Sir P. Martin, J. White, Jas.
Egerton, E. C. Massey, W. N. Wickham, H. W.
Enfield, Viscount Matheson, A. Willcox, B. M.
Ennis, John Mellor, John Winnington, Sir T.
Evans, Sir De L. Mildmay, H. Wood, Rt Hn. Sir C.
Ewing, 11. E. C. Miller, William Woods, Henry
Ferguson, R. Milnes, R. M. Wrightson, W. B.
Finlay, A. S. Moffatt, Geore wyvill, M.
Foljambe, F. J. S. Monsell, Rt. fin. W. TELLERS.
Forster, W. E. Monson, W. J. Brand, H. B.
Foster, W. 0. Morris, D. Knatchbull-Hugess

LA TV INT.ELLIUENCE—(2hts Day).

HOUSE OF LORDS.

(Peers present—The Lord Chancellor, Lord Brougham,
Lord Wensleydale, Lord Kingsdown, the Earl of Wick-
low, and other peers )

APPEAL CAUSE APPOINTED FOR REARING--FARMER (A

GALLOWAY) V. CRAIG.
The further hearing of this appeal was resumed this
morning.

Mr. Rolt, Q.C., was heard for the respondent.

This was an appeal from a decision of the Court
of Session in Scotland declaring that the respon-
dent's claim to a policy of assurance for £199 16s. 10d. was
preferable to the claim of the appellant. It appeared that
the appellant, in 1852, effected a policy of assurance on her
husband's life, and took the policy payable to herself if she
survived him and to her heirs and executors. The husband
was sequestrated, and died in 1858. The respondent was
appointed assignee, and claimed the policy for the hus-
band's creditors, and the Court of Session decided in his
favour, and against this decision the wife appealed.
Mr. Anderson, Q.C., was heard in reply.
The appellant's counsel contended that the policy was
settled as a provision by the husband on his wife in the
event of his death, and did not fall under the jus mariti of
the husband, and did not belong to his creditors.
The respondent's counsel maintained that the policy was
a donation inter vivant et uxorum (a donation by the hus-
band to the wife), which was revokable at pleasure, and
therefore was the property of the husband's creditors.
At the conclusion of the arguments the Lord Chancellor
reserved judgment.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
SUMMERS V. SUMMERS.
This was a petition far dissolution of marriage on the
ground of adultery and desertion.
The parties were married in 1851, and the adultery was
committed with a female at East Surrey -place, Old Kent-
road, in March, 1858.

The evidence was clear on the point, and a rule nisi was
granted.

DAVIS V. DAVIS AND DOLBY.

In this case the husband was the petitioner, and the suit
was instituted for dissolution of marriage on the ground of
adultery with the co-respondent. The answer to the peti-
tion was that petitioner had been guilty of cruelty. The
co-respondent also denied the adultery.
Dr. Parks, in his evidence, said he was a medical man,
and knew the respondent prior to her marriage. He also
attended her while she was living at Gloucester-place, when
she gave birth to a child.

Mrs. Maria Burnes said--I live at 14, Buckingham-place,
Fitzroy•square. I am a monthly nurse. I was in corn-
pant with Dr. Parkes yesterday when a lady was pointed
out. I had seen that lady before at her house in Gloucester-
crescent, Regent's-park. I knew her as Mrs. Dolby. I
went to her last October twelvemonths. I was recom-
mended to her as a monthly nurse. I went to her in the
December following to Gloucester- crescent, and from
thence we went tr) Peterborough. I saw a gen-
tleman in Gloucester-place, who represented him-
self as Mr. Dolby. I stayed with the lady three
weeks in London and the other two weeks in the country
Mr. Dolby did not go with us to Peterborough, but he
came wile we were there. There was no confinement. I had
an opportunity of seeing how Mr. Dolby and Mrs. Davis
lived. They occupied the same bedroom both at Gloucester-
place and Peterborough. Mr. Dolby used to call Mrs.
Davis Kate. I know a Mr. Docking; he was intimate at
the house.

A number of letters were here put in, written in a very
familiar strain to Mr. Docking, requesting him to transact
some trifling matters for her in Loselon, in one of which
the co-respondent had written a portion of the contents and
signed his name thereto.

Examination continued—Mrs. Davis called Mr. Dolby
by Ms Christian name William.
Cross-examined--I don't know what Mr. Docking was.
He used to call as a friend at Mrs. Davis's. I have seen
Docking once since the time I am speaking of. lie coiled
at my house. I never saw Mr. Davis at Gloucester-
crescent.

Mr. Smith (counsel for the petitioner), said that was the
whole of the evidence he had to offer.
The Judge Ordinary said the evidence was not at all in
a complete state. The petitioner had not even proved that
Mr. Dolby was not Mr. Davis.
Mr. Smith said, the nurse had said in her evidence that
Mr. Davis never called at the house in Gloucester .place.
The witness was recalled, and said that Mr. Dolby she
knew
ewaJsudngoet MOrrdrypinaaviB.
irh
said the evidence was of a very
barren
nature ; there was no evidence as to how Mr. and
Mrs. Davis lived after they were married. Some such his-
tory had endeavoured to subpoena Mr.
Docking
k
The case was adjourned for the production of further
evidence.
oe
r wasi.ps ra,most
butth
without
said
essential.
they
effect.

SIIERIFI4'S' COURT.
(Before Mr. Kerr.)

,-EXTRIORDINART
MARSHALL V.
TB=I)!T'AVIILPIOI:TrrADEZO,,,_

DULLAMORE.
In this case 'the plaintiff is a china-shopkeeper, and de-
fendant slivery-stable keeper, and the action was brought
to recover £2 Bs. Id., damage sustained through the mis-
conduct of defendant's game-cock.
Defendant pleaded that the cock did not belong to him,
and that he was not liable.
Plaintiff stated that he carried on business in the
articles Crescent and defendant in Vine-street, Minories. Upon
a a
to defendant walked
n
c o cl belongingknockedr
some
off a shelf, causing
icteor
thetin daysho p ae
ngda e- m
great breakage in the plates and dishes upon the counter.
Mrs. Dellamore—The cock does not belong to us.
His Honour (to plaintiff)—Can you show that the cock
has a habit of breaking crockery ? (Laughter.)
Plaintiff—l did not ask it.

His Honour—The law has been clearly laid down that it
must be shown the animal causing injury was vicious to the
knowledge of the owner. Some persons object to this law,
and I confess I am not satisfied with it. It has been decided
where a dog bit a man that the owner was not liable, as the
dog was not shown to have bitten anybody before within
the owner's knowledge.

Plaintiff—lf that is the law I think it is high time the law
is altered. (Laughter.)

His Idonour—You never knew the cock to break china
before this ?

Plaintiff—Oh, no.

His Honour—l am very sorry, and it appears to be a hard
law, but I must nonsuit you. But if ever that cock comes
into your shop again—
Plaintiff (most emphatically)—I will take care that he
never goes out again. (Loud laughter, during which the
putitm rctired.)