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 The English Law Courts.

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as they may consider to be in accordance SIR CRESSWELL CRESSWELL. with his means and hers. The new act, Sir Cresswell Cresswell was the first judge which does not come into operation until ordinary of the Divorce Court. His father January i next, imposes the 2/. limit on was a sea-captain in Northumberlandshire the weekly allowance in all cases, but and it was in connection with maritime top is otherwise more indulgent to the wife. ics that he made his earliest work at the There is jurisdiction given to justices to make bar. Like most other barristers, he had to the separation order not only in case of ag wait for work — seven years without a single gravated assault, but in case of " persistent brief was his professional purgatory — but cruelty " causing the wife to leave and live unlike many barristers, he put his time to separately and apart from the husband; and profitable account by collating with Barnethe age at which the custody of children well, the Queen's Bench reports known as may be given to the wife is to be raised Barnewell & Cresswell, or B. & C. In 1834 from ten to sixteen. The adulterous wife is he took silk and gained the leadership of the to be prima facie barred of her relief Northern Circuit, which he held till 1842, as before; but the proviso that the bar is to when, on the resignation of Mr. Justice be removed if the husband has condoned, or Bosanquet, he was at once raised by Sir connived at, or by his willful neglect or mis Robert Peel to the vacant judgeship in the conduct conduced to the adultery, is new as to Court of Common Pleas. In 1857 he was the words which we have italicized. There transferred to the Divorce Court, and trans is an entirely new enactment, to the effect acted the objectionable business of that tri that justices, if of opinion that the matters bunal as competently as it could be done. in question between the parties or any of His decisions will be found in Swabey & them may be more conveniently dealt Tristam. He was knocked down by a couple with by the High Court, may refuse to of runaway horses on Constitution Hill, on make an order under the act; but it is July 11, 1863, and died a fortnight later added that the High Court may in such a from the shock. case direct a rehearing. To this summary of the practice of the THE RIGHT HON. STEPHEN LUSHINGTON. Divorce Court, it scarcely needs to be added The Right Hon. Stephen Lushington was that a marriage is void if contrary to statute or common law, and voidable on the ground made judge of the Consistory Court in 1828; judge of the High Court of Admi of impotency, undue influence or duress. ralty ten years later; and judge of the Court The Probate, Divorce and Admiralty Di vision consists of a president and a puisne of Arches in 1858. He resigned in 1867, and died on the 19th of January, 1873. Among judge. The former office is just now occu pied by Sir Francis Jeune; the latter by Mr. his principal judgments are Braithwaite v. Justice Gorell Barnes. Lord Justice Lopes Hook (8 Jur. N. S. 1186), as to the object has repeatedly sat in the Probate Division of cathedral institutions; Williams v. for the trial of probate and divorce causes; Brown (1 Cart. 53), as to chapels of ease; and during the recent illness of Mr. Justice Mr. Poole's case, where he sat as assessor Barnes, Mr. Justice Janisford Bruce, one of with the Archbishop of Canterbury; Nevill the judges of the Queen's Bench Division v. Baker, where he held that a clergyman is and a distinguished admiralty lawyer, took punishable for refusing to perform divine his place for the trial of admiralty actions. service over the body of a member of a Of Lord Penzance and Lord Hannen wc family deposited in a private vault, even though the member, being a married wo have already spoken.