Star.
London, England, 1829-01-24 00:00:00

IX-PASTE ATKINSON.

Mr. C. F. Wtwasissippeated to shim, cause again t
a rule for an hakascorpes, obtained by Mr. F. Pollock
to coal& Mr. Atkinson to have the custody of one of
hi. children. This application, it appeared. ato e out of
certain disputes which had taken place between Mr.
Atkinson and his wife, the latter of whom ha I insti-
tuted proceedings against Mt. Atkinson in the Etc'esi-
astical Court for s divorce. The particulars of the case
have beta already repotted. The Learned Counsel
(Mr. William.) stated the matter was originally bef nit
the Court iu the year 1824, when a refesence was made
to two of the Judges, who. by th' it order, directed that
the mother should hate tea.onab:e access to the chil-
dren, and Mr. Atkinson had, in violation of th it order,
withdrawn the children to France. Tne child whion he
now wished to base deliveted up, was at p e rut wider
the ca:e r f its mother, aad it could nit be given sip to
the fiber without the g'eattst danger to its present and
fu lire happiness.
Mr. F. Por•LUCe sitated .hat terms of arrangement
had turn proposed on the part of Mr. Atkinson, wr•rch
Mr-. A I kinbon lad detlineJ to accede to. Mr. Atkin-
son had rt moved his children to France on *moot of
hi. straitened circumstances, but he had shown hi hie
conduct that he did not wish to prevent his trite f•orn
having access to them. He had sent up Lis .lii d to
her under a pledge that it should not be kept hoot hirr,
hut that pledge had been br..ken. The principal point
in dispute between the parties was the tegoi•iti n of
M.. A kinson that th. uncle of the child should not
hare access to .t. If that paii,t were conceded on the
part of Mts. Atkin on, she might have het own terms
in the other part of the arrangement.
The Court exptess, d its destte that t 'pat tie- thould,
if pos.iole, stifle their chi:felt net s let Wrell themselves,
and not press fin its intesfetence to such a case a. this.
Lord I.IINTEhDIiN observed, th t it must be a vet y
t ong ca,e indeed to induce the Ciotti to withhold
child from its fat, et.

e matter swat then ordeeed to stand over, to give
the patties an oppGitunity of effecting an arr ingement.
THE KING V. TOR LORD MAYOR AND ALDERS/4N
OF L NUON.

Lo-d TEATERDEN delivered the (pinion the Court
in this case, which was argued ;.t great leni;th in the
cure of last Trinity Tern). His Loidst ris, from a
written paper, recapitula•ed the principal facts. The
case AID r out of tf e election to the office • f Alderman
of the ward of Vi•.try in 1826. The Court of Aide, men
having retuned to v.. ear Mt. Wrocl.ester uto office, n
the ground that he had
mandamus was granted by the Coon, and an issue has-
iog been taken upon the re urn made to the w it. tl e
case came oil for trial at the Settings Alter last 11. la y •
Te rn, when the several questions nt law arising up is
he case sere reserved for, tae • pinion of the Court.—
The facts discVsed upon the trial wste these: Mr. Win.
chester, 31r. Edward Archer Wilde. and Mr Ctook .
were :he three Candidates for the IA e of Alder man. in
N .v. 1826, and the majority of soot s at he
.conclu,i..n of the election, to t:e in favour ol Mr. Win-
chester, that Gesell, man was de: lar evi to I.e dub ries led.
On the applicator, of Mr. Wilde, a scrioiny alter waids
tot.k place, when it appeared that Jr Wti.ches.rr had
30 votes, and 31r. Wilde 27. Mr. Wilde subs. quen ly
petitioned the Court of Aldermen egoist the election,
ai:d stated various objections to its tali. ity. and Cie
Court having decided in favour of tl e petition an elec.
lion de novo took place, where Wilde ob•ainei at
majority of votes, and was (Sedated duly elected. Mr.
Wurch..ster, how ever, contended that the sect nJ c-
Lou was void, the ('our t of Aides:ben
having no pow' r
.0 direct it; anJ he tut refine appl ed the Court of
King's Bench for a mandamus to compel 11. cat to swear
him into office. Ul.tsn the trial of the issue several
question were ta'sed—one as to the scrutiny, and the
others as to the m o'e in ss Lich the electi n had been
conducted. Tne first was a ques.ion rf f ct. and the
misers were cpreso ns t f law an is g us der the Act of
Isle llth Geo. I. c. Is. The q..esti nas to tile bfi I t rly
was, by cou-ent, tewi•ed for deci•ion bl arlotrati
and the ques.soits of law were made the sut ject r•I thB
special case for the (opinion of the Clot. The es,ust
now decided in favour if Mt. Winchester on all the
I °in's, and that Gentleman, thereore, w ill be entitled
to a pro raptor y reundarums in the event of the tit sine. II f
the arbitrator as to the scrutiny brine also in hi. fas ou • .

COURT OF COMMON PI.RAS, Jam. 23.
Tsai, beisig the &A dir of Hilary ferny, the Court
did not ►it UllOl asst COW O't lock, their Lordships h lying
been occupied until ulen aids the cus.out ay lota a•
lities attenchtat upon the ni ening of she 'Ferro.

DICAS V JAY AND A NOTHILit.
Mr. Sergesiit Wiwi' moved, that the rule nht lined
hy the defend tins in this case last rein), calling uirtn
'he plaintiff, who is an attorney, to show cause why his
name should nut be struck off the rolls of this Cuu•t, on
the ground of his having swain to certain via:lies ip
his bill of costs against the defendai ts, which, it was
.alleged, had never been incur ie.', should be discharged,
'the o:her party not having prosecuted the investiliatita
directed by the Court.

The Ccuer eapre,sed their rept.. hension of the con-
duct of the pity who had neglected to pro•ecute the
conplaint. 'Ter bad seen enough t f tf a tran.action
14%t Term to feel that it ought n•H to be pa sed over
without further investigation ; and (Ley 5h0,.ldr there-
fore, call upon the complain:int to account to the Colin
f r having dr piled the pr, ceetliog.

PICEItOGATIVE COURT. JAL 23.
TYKIELL AdAINST JLNNLIt.
This was a question as to the admission of an alkga•
lion responsive to the libel in a .nit respecting au alleged
u ill Dr. Jenner, of Ilallericiy, in Fentrtar y last,
leaving one sun, a lunatic, at,sl two rat darldren.
The will was dated in July, 18'27, and under it the
bulk of the testator's personal prove' ty, about fifty
thousand pounds, devolved ti Sir John Tyrell, Bart.
as residuary legatee and executor, whose sister tie dr.
ceased had married. This will was op,osed by the
Committee of the son, under direction of the Court of
Chancery, on the round that it had been improperly
obtained from the deceased when he was imbecile and

•I