The Sun.
London, England, 1857-05-01 00:00:00

SINGULAR CASE OF AFFILIATION.

(From. the Brighton, Gazette.)
Yesterday, at the Borough Bench, before A.
Bigge, W. Furner, D. M. Folkard, and Cordy
Burrows, Esqrs., the case of "Thatcher v. D'Agui-
btr, an affiliation case in high life, was brought
forward.

Mr. Hutchinson, solicitor, of London, appeared
for the complainant ; and Mr. Roupell, barrister,
fur the defendant.

Colonel D'Aguilar is a gentleman, residing at
Bruton-street, Berkeley-square ; and Mrs. Thatcher
is a widow lady, now stopping at the Old Ship, but
previously residing in Wyndham-street.
Mr. Hutchinson was opening the case, when he
was stopped by Mr. Roupell, who requested that
proof be given of the service of the summons.
Mr. Hutchinson contended that Mr. Roupell's
appearance for the defendant was a sufficient proof
of the service of the summons, and then proceeded
to state that his client was the widow of an officer.
In 1852-43 she formed an acquaintance with Colo-
nel D'Aguilar, which resulted in a courtship and
engagement, but the colonel becoming too inti-
mate, the complainant was delivered of a child.
Up to the end of 1855 the colonel continued an
allowance to his client of 301. a year, but which
had since ceased, and an action for breach of pro-
mise of marriage had been commenced against him.
He would be enabled to prove that money had been
paid during that time.
Mr. Hutchinson then called the complainant,
but Mr. Roupell objecting to the case being gone
into until proof of delivery of summons wasgiven.
Mr. Hutchinson then called
George Cadmore, clerk to Mrs. Thatcher's soli-
citor, who deposed that he had been to the colonel's
residence in Bruton-street on several occasions,
and had there left documents which had afterwards
been attended to by his solicitors, Messrs. Palmer
and Co., of Bedford-row. On the 18th of April he
left a duplicate summons to the present complaint,
which be gave to a servant whom he had always
seen before. He afterwards saw Messrs. Palmer,
who consented to receive the summons as a notice
to produce. Mr. Palmer said it would beattended
to, and he should appear by counsel to-day.
Mr. Roupell thereon admitted service of the
summons, but submitted that it was faulty.
Colonel D'Aguilar had received a summons, and
thought proper to appear before the bench in his
(Mr. R.'s) person. The act stated that application
for a summons should be made by the mother, and
that she should at that time prove payment of
money withi.h twelve months subsequent to the
birth of the child, and until this was done in due
form the application must fall. The case put for-
ward was a simple summon., but in accordance
with the Act of Parliament that summons should
rest on information given at the time of application.
If a woman applied shortly after the birth of a child
it was sufficient for her to make allega'ions as to
the father, but when it was after a year the
woman must make a statement as to delivery
of the child, and proof must also be given of
the payment of money, which, if not then given,
the application must fall. It was not only necessary
to prove that the summons had been served, but
in that summons should be incorporated the appli-
cation made, and the statement of the woman when
she made application for the summons. He further
contended that not only must this application be
made, but it must also be taken clown in writing.
Mr. Hutchinson, in reply, maintained that the
form of summons used, being that adopted all over
the country, was sufficient, and that the learned
`counsel appearing for the defendant was proof of
I hie accepting service.
Mr. Fusner—The summons sets forth that money
was paid within 12 months of the birth of the child,
but it does not state that proof was given of this.
Mr. Hutchison argued that there was nothing on
the face of the summons calculated to mislead.
Mr. Roupell, after asking the bench if there was
a necessity for a reply, or whether they did not
think the summons should bo at once dismissed,
submitted that there were certain preliminary pro-
ceedings which must be adopted in a proper form
before he could proceed. On behalf of Colonel
D'Aguilar he objected to the proceedings as infor-
mal ; and until all due forms had been carried out,
he was not bound to answer the summons.
After a very long deliberation of the magistrates,
Mr. Biggs said the summons was informal, and
they must therefore dismiss it.
Mr. Roupell applied for costs.
Mr. Hutchinson—This is not our proceeding,
and we have nothing to do with costs. 100
Mr. Biggs declined to allow costs. 20
An application was then made for another sum- 20
mong, which was immediately granted, and made E
returnable on Wednesday, May 13. 17

50
25
100
25

LONDON COFFEE AND EATING-ROUSE (t2O
ASSOCIATION. j oo
1 100
20

The twentieth anniversary of this society was
celebrated yesterday, at the London Tavern. The st
.
attendance was very numerous. Mr. Sheriff 120
Mechi took the chair, and was supported by the 20
leading friends of the institution. i 20
After the customary toasts, 20
The CHAIRMAN, in proposing prosperity to the 100
association, said, in the course of a most effective 12
speech, that be had great faith in public dinners. 100
He knew an instance of one charity that, from a
short-sighted economy, had discontinued the
annual practise of mustering its friends to eat and
drink together. What was the consequence ? The
subscriptions raised over the table-cloth bad been
previously hundreds. The first year of the omis-
sion they dwindled down to 31. 12s. 4d. Innumer-
able letters were sent out. Large sums were ex-
pended in postage, but be doubted if the insig
nifica,nt sum raised was sufficient to cover the
outlay in Queen's heads. Still, with every desire
to compliment them, he could not, and would
not, praise them. They did not keep themselves,
and, failing iii that home duty, how could they
expect others to keep them? Out of a number of
2,000 coffee-house keepers, he was sorry to find
that scarcely a hundred dipped their hands into
tbeir pockets to befriend their brethren in distress
He was afraid their pockets were too tightly but-
toned ; and he appealed to their pride to sr,apthose
buttons, for he was fully aware that the shortest
way to an Englishman's pocket was through his
pride,—th,t way having been previously smoothed
softened by the inluence of a good dinner.
He would not forgive them unle,s they promised
for the future to do better.
These remarks, delivered in the most genial spirit
of good humour, had the desired effect.
Mr. ROGERS, the secretary, read out a goodly list
of subscriptions, a large proportion of which, how-
ever, consisted of small sums.
Mr.i Acton Ayrton, the newly elected member
for the Tower Hamlets, Mr. Under-Sheriff Crosley,
and other gentlemen, addressed the meeting, and
the singing, which was unusually good, contributed
much to the enjoyment of the evening. The greatest
good humour prevailed throughout the evening,

LAMBETH ELECTION.—The following notice bag been
issued :—" Great dissatisfaction having been expressed
by many electors of the borough of Lambeth at the man-
ner in which the election was conducted, and information
having been received that unjustifiable and illPgat means
were resorted to for the purpose of securing the same, a
meeting was held at the Horns Tavern, Kennington, on
Wednesday, the 15th April, when it was resolved to pre-
sent a petition to the House of Commons to set aside the
election, and further tc raise a subscription to defray
expenses. The sum of 3051. Bs. has already been re-
ceived.'
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SHA'

Paid) RAILWAYS.

51 - 5i

Si - 9

65 - 67
81 - 9

-64 90
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