The Express.
London, England, 1863-11-11 00:00:00

THE EXDIESS,.. _WEDNESDA/ KVENiNG., NOVI MBER _ _ll,

NAVAL AND MILITARY.

(non LAST ranwrre.)
ADMIRALTY, Nov. 10.
In consideration of the valuable assistenee rendered by
Commander Francis William Sullins daring the reeeet
suczessful operations of her Majesty's troops is New
Zealand, ea !recorded its the London Gazette of the 27th
October last, Commander Sullivan km been promoted to
be captain. Also, in cooeideratio• of the stioceesful
operations agaia4 the bait men of Kagosimm u recorded
in the London Gazette of the 30th October last, the fol-
lowing promotions have this day taken piece:—Com-
mander Lewis James Moor to be captain ; Lieuteoant
James Augustus Poload to be commander ; Lieutenant
Poole to be oommander ; Mr. Charles Richard
Godfrey, aasistastsargeoa, to be surgeon.
Vice-Admiral of the White Thomas Bennett has bete ap-
pointed to receive a peosioo of 1301. a year. am providert
by her Majesty's order in commit of 2Sth June,
vacant by the death of Admiral George Frederick Rich ;
and the name f Vice-Admiral Bennett has been re-
moved ti the reserved half-pay list accordiegly, and in
consequence of this removal the following prornotioes,
to date the 3rd MM., have taken piece :—Vies-Admiral
of the Blue Sir Charles Talbot, K.C.8., to he vice.
admire( of the white • Rear-Admiral, on the reserved
list, the Right Hon. Lord John Frederick Gordon Hely.
burtoo, to be vice-adadral on the same list ;
Rear•Admhsl of the Red Sir Jobs IrDoegell, K.C.8.,
to be vim-admiral of the blue ; Rear-Admiral of the
White George Elliot to be reer•admiral of the red ;
Rear-Admiral of the Bice George Goldsmith, C. 8.. to be
rear-admiral of the white ; Captain Edward Gonne.
Faashawe to be rsarridnurel of the Mum

ADMIRALTY, NOM. 10.—APPOUITIMIT„—Lieute-
mml. C. J. Wise, to the Royalist.
Plollollol.—Lieuteasos G. S. Bomiemet, oommasdieg
her Majesty's poboat Flamer, who wee severely wouoded
to an easserseaset with Chimes pirate' as the 28th of July
last, wee yesterday promoted to the rank of commander.

PORTSMOUTH, Nov. 10.
The King Arthur, hired sailing freight-ship,
Capin Marshall, this reaming embarked the right win of
the 66th regiment, under the command of Lieut.-Camel
Hems, for conveyanoe to Madras. She takes oat Oiptains
J. B. Hums, E. F. Turd's, W. H. Rowland, aad B. F.
Dolga ; Lieutenants A. H. Kay, W. Y. Frobisher, end
W. King ; Ensigos C. B. Betharo and Braddos ; Adjulest
0. S. D. Osborne ; Surgeon T. Parr ; Ligtenast T. Dug,
instructor of musketry, three gloms' wives, sad four chil-
dren, together with 23 sergetots. Bdrummars, 343 rank and
file, 43 soldiers' wives, and 86 ehildreo. The gip was towed
out of harbour this afternoon, and will sail at once for her
destination.
__

—The Felon, 17, mw sloop. Commander G. H. Parkia
pt up stemn yesterday and to-day for the trial of he;
machinery, mid is expected to sail at or for the Lastraliaa
station._

The Bulldog, 6, paddle sloop, was placed under the shears
is the steam heels yesterday to be masted and brought for-
ward for sea service.

fiseamer, paddle sloop, arrived yesterday with mem
paid oil from Emerald at Shawnees, sad afterwards
sailed for Plymouth.

WOOLWICH, Nov. 10.
By order of the War Department a number of
doming targets, manufactured ou the primilple
Captain Shuttlemath, Royal drapery, are to beforwarded
to Shoeburpieed Esstbouroe, Dover, and other artillery sta-
tions, for practice. The target which, after repeated imp*.
rimeate in the presence of the Ordnance Select Cannata',
has been bully adopted in the service, repreessa a ha-
les vat, divided into four oompartumata, with galvanised
wire netting, ►nd tilled with 12 boatels of cork ditiviegs.
The target, will be secured by a strong anchor, mad sta.
mosated by a 14• fest flagetaff, painted white.
The Ra, mew steam-VOlll4l, Commander H. B.
WnWLw, from the West Coast of Africa, was paid off at
the dockyard this day, and her crew granted the usual lease
of Awned The continuous-service men were (mimed on
the boobs of the Fiagard, flagship, as eaperesmerary sea-
man of the Seek The Ranger is a now vessel, laueolied
about to., years since at Deptford. She a considerably
=o:ad is ordered to be docked aid prepared for re.

CONVEYANCE OF TROOPS TO CHURCH

, tato It tom,

EQUITY OPURTEL—Nov. 10.
(Moro tie Lord Chum Nor.)

comma/ v. sARCLAY.
This was an amid from the Master of the Rolla. The
question involved relates to the mode in which the eighth
there of a partner retiring from the firm of Barclay and
Perkin', the brewen, should be calculated. The matter is
one relating to the nature of the agreements between the
partners, and the model keeping the account. of the son-
cern, and is of interest ooly to the parties. MS arguineeta
ware to-day concluded, and judgment reserved.
The Attorney-General, Mr. Selwyn, and Mr. Speed ap-
peared for the plaintiff ; Sir ff. Cairns, Mr. Amphlett, and
Mr. Roars were on the other side.

V. KIRBY.

This case, which was reported in this jowled en Monday
wee a suit on the part of the repremetativie of a Mire
Courted, to obtain the rowelling of a deed by whir& she
hod lofted with her whole property to a perms, of whom
the defendants were the repreemitatives, as it was alleged
without undentanding the effect of the instrument. The
Master of the Rolle decided io favour of the *lsiah s, end
an appeal was brought. In the comes of the arguments
the Lord Chancellor expressed a very decided opinion
eminet the transaction. and pending the roacloske of the
arguments recommended the appellants to consider whether
it would be advimble to continue their °wroth= to the
object of the suit.
Mr. Baggallay, who with Mr. Bevir appeared for the ap-
pellant', now Mated that it had bees amassed that the
awed should be no further prosecuted ad the decree of
the court below aacogqaieamd IL
The Lord Chasosllor seld that the appellants had adopted
a very prudent and proper mune.

(Before Vice-Chamellor Sir R. T. liladmirq.)
ERNEST 0. rtvux AID OTILMIL

This suit was instituted to set aside • lease of the coals
and minerals under an mists called the Godley estate, con-
sisting of about 289 sores, in the neighbourhood of S
ar to obtain an sweat3t~ew,
.1 and payment for the aw:erM
minerals got by the defendants from the elltate. The Wee
in question is dated tad May, 1810, and was granted by the
Countess As Wink. to Mr. Joseph Martin fee • period et GO
years, the rent reserved being 101. • year end Is. a trey
of eleven tons. The coaster derived the estate ander the
will of her father, Lenard Edam Gwyn, of Glyn Abbey,
in the county of Osimarthea, sad the lease wee panted
a 2
her to Mr. Joseph Martin, and was by km
in consideration of two mum of 1,4004 amid
2,6004 to the Swansea Ooal Company, of whisk he was a
member, the ether mantas being Mims Williams and
11406111. Vivian sad Soes, copper smelters at Somme, de-
fendants is this mit. The meats= died in December,
1810, and the Oedley estate Mee pasted to Themes Gabriel
Leonard Oenw Gwyn, who dune of age as the 9th of
Fehmary, 1848. Ile wee an officer in the army, and he
class aot seem to have taken more than one half-year's
rent of the colliery, and this was paid through the miniver
al the GAM' soca after he became of age. Ete died ia May,
1880. Previous to hie death he cut off the eaten, and ha
smudged to the plaintiff the rent. and royalties dm to him
la respect of the Gulley estate. The estate itself he sold
to other parties, who have aims sold it to the plaudit,
who now emirs to invalidate the is ea went
fireside, the fin* beim, that the lease was sot war-
elated by the power gins to the Counter de Winte
ceder her father's will. She was merely • tenant for life,
without hapeecheneet of waste, and the will directed that
the profits miring from the workirg of mimes Weld be laid
out ta the purchase of real estate. The seemed ground on
wig,* the plaintiff relied was that the hem was an inimmi-
deed me, the not reserved being much too mall, sad meek
lees than was paid for other coal in the vicinity. The plak-
tur also charged that Mr. Martin obtained the ham by freed,
sad that the Colllltlll6 was induced to visa the lases
by the count, her husband, to whom Mr. Martin
gave. two promisor, sobs for 2001. sad 8254 ;
and 'aldose* was given that when the lease was
oriented the countess was very unwilling to afilx her
siimature, but that after the parties had parishes of a
quantity of brandy and water, the countess, at the eseuest
solicitation of the count, co rented to sign the isms. It
was also alleged that no solicitor was empio~td a the pr
of the smatem. On Um question of impropiideaee, a slumber
of affidavits of persons experienced in collieries were_ ,rrld
and several vitamins were examined in court, who deposed
that in their opieion the rest was lees than the value of the
semi. On the other hand, ',idiom* of • reisst•iag aharester was
Wetted os the part of the &Indents. and it was Shows that
the mei under the Calm estatecould not have bees worked
profitably bat through adjoining mines belonging to them. lei
The smosel for the defendants also submitted that plaintiff
wee precluded by
_his lashes from ruing, and that if he ware
sot thus precluded be was a mere purehaser of a right of
litigation, sad that it was spied the polio, of the law to
"Dew him to mower. Moreover. that the &readmits were
pasalterien far valuable masideratiou without notice.
Mr. Glare and Mr. Lint y appeared for the plaintiffs;
the Attorney• General, Mr. W. Jamas, and Mr. Speed for
the principal defendants; Mr. Martindale sad Mr. Park for
other parties interested.
His Honour reserved him judgment.

00IIRT OF QUEENS BENCH.—Nov. 10.

(*gimp la Baace.—(Before Lord Chief Jtudiet Clockbara,
aad Justices Blackburn and Malice.)
• - - -

This was special paper day. The ooart disposed of two
assee, but they were of • purely sod tachairel cha-
racter, and 111 only for • legal izir

BAIL COURT.—Nov. 10.

Sittiap at Nisi Prins at Weetminater.--(Hstore Yr. Justice
Crompton and a Common Jury.)
PERVISS O. MUM=
Tail was an action for alleged tales representation in
statist that the home, 182, Oxford-street, was in good con-
dition sad Ins from ollep#jes
_ _

11..8eTioaaiiarry Za.liir; 6;il/1711 ware rotund for the
platotiff ; Mr. Hawkins, Q.C., and Mr. Keane for the
defendant, _ _ _ _

The ease cotuseated os Saturday and cocupied the whole
of Monday and Tuesday, but the fads do not warrant a

--This closed these ditties& The court will sit today at
Guildhall.

COURT OF COMMON PLEAS.—Nov. 10.

Stains ie Boom —CMGs* Lod Chief Jostles Erie mid
Justices Wi IMa i, Byles, sad Bogies.)
FIAT V. TEN NAIL AND 00011VIDe OP ZATLAND.

Mies Fray appeared is this court to-day sad moved to
disearge • rule of the 26th Nay ha; upon the potted that
such rule had been obtained by the feted of the counsel for
the defendants is bowfin the court to believe tint she hod
authorised thelate Mr. Seijeuit Wilkins to oompromiae as
action.

Lord Chief Justice, after looking at the affidavit,
asid that there was no materials for granting the motion.
Mims Fray aid that site would swear another affidavit,
and repeat the application.

Yr. Pritchard cootended, b a-esee ha oiled, that the
Geist Ship Dowiparty were entitled to know the exact came
they het to solver u to the cotillion.
Dr. Leahlogton gave hie reaeons. sod refused to interfere.
Mr. VIEWS idashisigton, for the plaintiffs, applied for
erste, me away were so grounds far the applicatioo.
Dr. Lushington —You are entitled to costa
Order accordingly.