Star.
London, England, 1831-01-14 00:00:00

THR TURF.

TATTERSALL'S-Yummy.

SEUL
14 to I agst Mr. Beardsworth's Colwiek
14 to 1 Lord Sligo's Bas-de-For
IS to 1 Lord Jamey's Filagree
16 to 1 Lord Jersey's Blunder
17 to I --- Mr. Chifirey's Caleb (taken)
17 to I --- Lord Rseter's Homes
It to I Lord Rioter's Bohemian
16 to Mr. Petre's Rattler
23 to I Lord Veralam's Farennes (taken)
15 to I Lord Jersey's Cobweb (biked)
SS to 1 Duke of Grafton's Pestiße
25 to I Colonel Udney's Andope
40 to 1 Brother to Been* (taken)
40 to Inman!. (taken) -•
45 to 1 --- Donna Clara (taken)
so to I 3lr. Houldsworth's Philip
Pi gm
50 to 1 --- Camey lia.
The hotting, was confined to the Defby.

THE LAW OF HUSBAND AND WIFE, AS NEWLY
REVISED.

Sir Peter Laurie noticed, with concern, a few days since. a change
which bad recently been worked by the Judges. is the law of England,
upon the subject of adultery. The decision to which be referred was
pronounced by Judge Bayley (with whom sat Justices Littlsdale sod
James Park), in the Court of King's Bench, in the eerie part of No.
'ember last ; and, as it escaped observation at the time, it may be hies
resting to give a brief account of it now.
It is no longer true that there is one law for the rich and meths,
for the poor, where an unhappy husband discovers that his num.
bial happiness has hewn destroyed; for, although the poor man may,
by reason of his poverty, be incapable of raising a suit for sepanden
in the Ecclesiastical Courts, yet. if he chooses to separate without ob-
taining a legal sanction for so doing. the overseers of the
no longer claim to be indemnified against the expense of
his wife.
It has been the almost universal practice of the Magistracy to MY
that every man is bound to support his wife, andthat, however lieellehlow.
her conduct may be, the obligation to support her continues until hes&
tains a formal relief to the Ecclesiastical Courts. Therefore, if the wife
becomes chargeable to any pariah (which she sometimes elects to do,
from spleen rather than necessity), the Justice will commit the husband
a, a rogue and vagabond for neglecting to maintain his family, unless
he shall agree to make a sofklent allowance to prevent her from being
burdensome any logger. The Judges, however, have now determined
that such commitments are illegal, the Vagrant Act only empowering
the magistrate to punish every person refusing or neglecting to sup-
port any part of his family " whom he. may be legally bound to main-
min," while a husband cannot be said to be legally bound to main-
tain an adulteress, who could not recover a maintenance in an
Ecclesiastical Court. Henceforward, then, it will be a valid de-
fence, upon being charged before a Magistrate with neglecting to main-
tain a wife. to call witnesses. and adduce legal proof of her Infidelity.
But to the case. Mr. W. H. noun, a commercial traveller, mar-
ried Miss Elizabeth Stevens in 1814, and they lived together till No-
umber, 1821, when she quitted his house in consequence of a dispute
about her having pawned his plate, and lest his watch to a man named
Bevan ; and three days after this separation the husband received a
citation from the Coniston Court for cruelty and adultery ; which
citation was dismissed in July.lB2B, upon proof that the wife bad her-
self committed adultery, with (liven persons, at an earlier period than
that proved against the husband. The wife then threw herself spas
the parish of St. Andrew by the Wardrobe, from which she received
four shillings per week; and the husband refusing to reimburse this
sum (because he contended he was relieved from bis liability to main-
tain her from the very moment she committed adultery), he was am-
moved before Sir Peter Laurie at Guildhall Here Mr. Heaton, the
barrister, ably supported, by reference to cases the position takes up
by the husband, and was permitted by the Alderman to prove adultery
on the part of the wife ; first, by the examination'of witnesses • and
n et by reference to the record of the proceedings In the &eine:ideal
Court. The Alderman was completely satisfied on this point, but
having taken the opinion of several Magistrates, as well as of the City
Law Authorities, he ultimately convicted the husband, under the third
section of the Vagrant Act, and committed him to imprisonment and
bard labour for one month. The husband immediately put in ball, and
appealed against this conviction to the Quarter Sessions, where he was
at the expense of taking all his witnesses on two days, and it was then
adjourned to a third, when the appeal was called on out of turn, and
in the absence of his Counsel, and it was armed, subject, however, to
the opinion of the Judges of the Court of King's Bench, on a special
case, admitting the adultery tobe proved.
The case stated the fact of the wife being chewable to the parish
while the husband was able wholly to maintain her—theseparation of
she parties—and a copy of the record of the dismissal of the wife's
suit for alimony, in consequence of her having committed adultery ;
and it concluded that the question was, whether the husband was. at
the time of the conviction, legally bound to maintain his wife, within
the meaning of the Vagrant Act?
Mr. Mirehouse and Mr. Patteson were heard on the 3d of Novem-
ber in support of the conviction ; and the last-named Counsel, in the
course of his argument, admitted that, if the parish had stood in the
same situation as an individual, affording assistance to the wife, it
would have bad no claim to indemnification from the husband.
The Costae asked how could the husband be bound to maintain
her if she could not recover maintenance in an Ecclesiastical Court?
and the Judges. forthwith quashed the conviction, without troubling
Mr. Heston or Mr. Jones, who were retained for the husband,
reply.
Hiving been put to some expense (about 40l.) in resisting an illegal
decision which was attempted to be upheld by the long purse of the
Corporation of London, the husband naturally thought the Court of
Aldermen would, in justice, refund to him at least a portion of the
costs of litigation (as, it has been said, was done in ?dr. Alderman
Winchester's case), and be pretested a memorial on the subjeet,throngla
Sir Peter Laurie. who, however, shortly afterwards, wrote to him
that the Court of Aldermen did not consider it in their power to
comply with his application, and that his memorial was laid on the
table.
Now. inasmuch as the husband bad been compelled to find sureties
to ?ay the expenses of the City, In case the Judges should decide
against him, certainly equal justice and honour of the Corporation de-
manded that he should be reimbursed the expenses and costs he bad
been put to, through the ignorance of the City Law Authorities, upon
a point which the Judges deemed too clear for argument. However.
from this imputation of ignorance we are bound ie fairness to rescue
the characters of the then Common Sergeant (Daman), and the pre
sent Coroner of Loudon, whose opinions were in accordance with that
afterwards pronounced by the Judges.

COURT FOR RELIEF OF INSOLVENT DEBTORS.

TM Matters of the Petitions and Schedules of the Prisoners herein-
after aamed (the same having been filed in the Court) are appointed
to be heard at the Court-house, In Portitgaktreet, Ltacola's Inn-
fields, on Thurday, Jan. 27, at nine in the forenoon.
John Lama, late of Hastings, Sitaaex, journeymea painter, plumber,
end glazier.
Henry Hatton, late of Temple-row, Birmingham, haberdasher, !seems's,
and glover.
John Mayer Middleton, late of Stockport, clerk and manager in a spin-
ning mill.
William Hambledon, late of Hopehill, Lancashire, baker and Soto-
dealer.
William Baker, late of North Harley Mews, Harley-street, Cavendish-
square, milkman.
James New, late of Rahere.street,

chandler shop.

C kee
John Crowe, late of Redditch, Worcestershire, needle maker.
Joseph Arnold, late of Angas-street, Regent's-park, journeymen batter.
Caleb Pinie, late of Chailotte.ternice, New Cut, Lambeth, journeyman
butcher.
Benjamin Bull, late of Green-terrace, Clerkenwell, working jeweller
James Evans, late of Oxford-place, Duke-street, Westminster-road,
chandler-shopkeeper.
Samuel Christian Williams, late of James-street, Salmon's-lane,
house, tailor.
John Withers Bevan, late of Thornbury, Gloucestershire, out of
business.
Thomas Wm. Paddy, late of Bromley, Kent, baker and corn-chandler.
Italviazd Martin Le Fort, lateof Church-stroet, Blackfriars-road, oilman
and wholesale tallow chandler.

Wednesday morning, an appalling accident occurred, be.
tween seven and eight o'clock, at the new buildings adding
to St. Martin's Workhouse, at the corner of Hemming's-row,
St. Martin's-lane. A scaffolding had been erected in the
interior of the walls, on the.first story, and supported by
strong scaffolding poles. Several men were at work on the
top, when suddenly one of the scaffolding poles gave way at
the bottom, 'and three men were precipitated to the ground,
a distance of two stories. Haddington, a bricklayer, had
his thigh broki near the hip ; Gratin, a labourer, had his
back dislocated ; and the other man, of the name ofTrincb,
a bricklaym; was dreadfully lacerated by. falling tbreuth the
joists ; asy were conveyed to the Middlewx Hespitel. They
have fiendies depending on their labor for support.