The Express.
London, England, 1852-03-10 00:00:00

NAVAL.

AmuSAM, MAW]] 9.—APPOISTMENTs.--Seciond
Master : H. N. Ray, to Victory. Oak : C. J. Smith, to
Fiernif. Assistant-Sugeon : J. B. Ricardo, to Pioneer.
Auistant-Engineers : W. Piggcy and J. Anderson, to
Photo. Clerk's Assistant: T. J. Woodward, to Magicienne.
Muter's Assistant: J. Butler, to Pluto.

POSTSIIOUTII, MARCII 9.—A court-martial ILIMCM-
bIed at the Royal Marine Barracks, at Forton, to-day, to
try Lieutenant Henry Watson Hall, of the Marine Artil-
lery, on the following charges :-Ist. For having on the
13th of February last been drunk at the main guard at
Portsmouth, he being at the time the officer in charge of
such guard ; and 2nd, for behaviour on the same day unbe-
coming an officer and a gentleman, in having publicly asso-
ciatcd with the cabmen at the csbataud near the main
guard, that being a breach of the articles of war. The
court unaided of Lieutenant-Colonel Second-Commandant
Wearing, R.M. (president), Lieutenant-Colonel Horn-
brook, R.M., Major Bleckbunie 85th Regiment, Major
Evans, R.M., Captains Parke, 11.14.„ Lyle, 48th Regiment;
Ward, 86th Regiment, Langley, A.M.A., Wallace, 7th Re-
giment, Aslett, R.M., Wearing, R.M. ; Lieutenants Ed-
gell, 7th Regiment, Barnard, R.M.A., Aide, 85th Regi-
ment, and Monkar, 48th Regiment. Lieutenant and Attiu-
tent John IL Stewart, R. 31., officiated as deputy-
judge-advocate. Lieutenant J. A. Phillips, R.M., pro-
eecuted. The prisoner wu defended by Mr. A. Low,
solicitor, of I'ortsea. Several witnesses were examined
to-day for the prosecution. There is a large number of
witnesses on both sides, and it is anticipated that the trial
will occupy several days—The Arrogant, 46, screw steam
frigate, Captain Robinson, came into harbour to-day from
Spithead. The Blenheim, 60, steam guard ship, Captain
Henderson, was taken out of the steam basin to-day, and
taken to her moorings up the harbour. The Simoom, iron
screw steam transport, Captain Kingcome, hauled off from
alongside the yard yesterday into the stream. The Samp-
son, steam frigate, Captain Junco, was undocked yesterday,
and placed alongside the jetty.

TUB A\TI-CORN.LAW LEAGUE IN BUCKINGHAM-
sniaz.—A movement is, it is stated, about to commence in
Buckinghamshire, in defence of the principles of free trade,
and the first of a series of public meetings is to take place
at Aylesbury this week. The meetings are to be extended
to all the towns of importance so as to obtain the sense of
the community upon a re-enactment of the corn laws and a
dissolution of parliament. Mr. .1. Hamilton and Mr. .I.'
Gibbs are, it is said, to attend these meetings u the agents
of the Anti-Corn-law League, and the leading men of in-
fluence in the county will be invited to attend the meetings.

NEW MODE OF OPERATING IN SURGERT.--It
known to the professors of natural philosophy that a platina
wire can be heated instantaneously to a red heat, by means
of a powerful electric battery, and that in that state it will
eat through the skin ant flesh of the human body with
snore ease than the sharpest instrument. Tho surgeons of
the Santa Theresa llovital, in Vienna, hare made the ex-
periment of substituting such a wire for the usual surgical
instruments in some of their operations, end, it is said, with
perfect success. They have laid a memoir on the subject
before the Imperial Academy of Science in that capital.
Immo

Sabi intelligence.

HOUSE OF LORDS.—YamuLDAY.
Am.,. nom IL Bleu Omar or CIWUNIXT.—BUCiaII Till 01/1
Caeaciuoa, Loan !Novosoy Loan as U; AND t. ,ee
!Novenae.
Da BRAvvorly. Ds BEA TTYOTR.—CONSTIDOTION OF '1
c''LL.

JI.II3OIIIINT.
The hob in this appeal from the Court of Chaucer, la
which the late Vice-Chancellor of England allowed de-
murrer for want of equity, was reported yesterday. 'The
I appellant, Sir John Edmond De Beauvoir, Bart., charged
that according to the true construction ef the will of the
Rev. Peter Beauvoir the appellant, as the personal repro.
tentative of his deceased wife, Merl M.Dougull, wa, .1110.
lately entitled under the final limitation in f -1 the
testator's right heirs in remainder sapoetant, on the ,1 .dh
of the respondent (Mr. Richard Benyon De 11, ori,ir)
without leaving any son, to all the personal estate and • .li-et'
which were sompnted in and affected by that limi'
The respondent, however, alleged that according to tb tiue
construction of the will, the whole of the personal •d de
would in the event of his death without leavuig an, him
belong absolutely to him as heir.at.law of the testate,.
Mr. Bethel' and Mr. Leo (with th, m Mr. Erskine) om
behalf of the respondent, now contended that, as lu
law, he was, in the event of not ;having issue male,..areo-
lutely entitled, under the limitation to the right him..., to
all the personal estate subject to that limitation. L vet. if
the appellant had any interest in any pad of the permetal
estate, he had ceased to have any such interest, imiezn,cb
as the whole of such personal estate had, under the peaer
contained in the will, been invested in the purchase ~t real
estates. According to the true construt tion of the will, all
such part. of the personal estate as had been laid out ie :he
purchase of land esaasd to be personal estate and
real estate.

Mr. Itolt having replied,
The Lord Chancellor woe understood to say that the how*
entertained no doubt all to the construction of the wil and
that the judgment of the court below ought to be aftlimed •
but his lordship spoke so low that only a few unconni,ed
sentences reached us.
Lord ltmugham said he agreed with his noble &edit.. lied
friend that no doubt could be entertained with to
the reasonable construction of this will. If their lur
had entertained any actions doubt they should in all ; •a-
bility hare taken time to consoler the question, and • ve
reverted to the practice which had n followed f . 'he
last twenty years of giving judgment in writii.g. A. .ru
was no reasonable doubt, the proper course would be 1.,.
house at once to proceed to affirm the judgment of the .rt
below. The only doubt he entertained was an the s, id
part of the case, with regard of the conversion. .'he
part in which he differed moat from the judgmt in
the anent below was as to the use of the word "
raises" in the will. Now, what was the meaning et the
word, where some of the property was leasehold, nine
sop hold, and some personal? It was impossible it
could be need with respect to anything but the real eeiate.
The words were " Ido hereby give and devise, after ms
just debts and funeral expenses and legacies are ra
(which I order to be paid out of my personal ester,' all
my estates in the funds England, and all my said pia•
non or reputed manors, inessuages, lands, tenors .ts,
tithes, rents, hereditament', and premises, both fee.
leasehold, and copyhold, and what other kind and I.•,•,ire
never." It was quite clear that the imitator par bed :.• ,iie
end of the description of the personal property, • all
my estates in the hinds of England," where he
I used the words "and all my said manors," &e.
His lordship then contrasted this with the mine-
quent use of the word, " I'rovided always, and it doll
and maw be lawful, to and ter the several persons. •Asta
and as they shall respectively become tenants in posse,sion
of the said manors, messuages, lands, tenements, tier. s,
rents, hereditaments, and premises, to them respectisels
limited as aforesaid," &c. It was therefore evident • hat
was meant by the word, and on that ground he don.ited
the correctness of the judgment below. But, (quite inde-
pendent of that '.oestion, it was suite clear that,
main question at issue, no doubt could be entertridn...l by
this house, and that the decision should be affirmed.
The order below was therefore armed ; but, as we un-
derstood the Lord Chancellor, in putting the qui- .on,
without costa.

APPEALS MON TVIE COURT OP SESSION IN SCOTLAND.
Dana TN/ LOILD CRA/CILLORAMD TS/ 702/i LUSE. AI, 1

sums&
THILOID ADVOCATE OP SCOTLAND ON DENALI op
THE CollattaatoNETta OP WOODS AND POILEAT. P.
THE THUSTEEs Or THE RIVER CLYDE.
This is an appeal against *judgment of the First Dis.,ion
of the Court of Sessions, in a summary application br, .:ght
to establish the right of the crown to a sam of nionry
awarded in a submission between the respondent, Mr. V." 171.
Hamilton, of Mavis-bank, near Glasgow, end the mi.:cot
of the river Clyde, as the price of • certain porti,n of
ground, comprehended within the evens or channel oi the
Clyde, acquired by the trustees for the purposes o, the
navigation, under the act 3 and 4 Viet. eap. 118.
Mr. Anderson (with whom was Mr. \V. IL James,' was
proceeding with the appellaut's Cue when the How ad-
journed till Thursday.

Iha Jun nun.

IN HI JOINT.STOCK COMPANIES WINDING•I•P At. 711,
1848 AND 1849, AND VP THE MLECIIANT TRADE :".1111,
LOAN, AND INSITMANCE ASSUCIATION.—Louu TALLTre
CAB 3.

This was a motion by way of appeal from the or.,er of
Sir William Horne, the Master, in winding up the ~trove
company, dated the llth of February, 1852, directing •
call of 251. per share to be made on all the contributo.ied of
this company whose names were included in the list, l.,:ing
13 in number, and who executed the company's deed et let-
fitment of the 6th of April, 1847. Lord Talbot, nt.e +-4. the
13 contributories, had executed the deed in respect or 1,000
shares. The call on him was therefore for 23,000/.
It appeared that the company was provisionally regi,ered
on the 18th of September, 1815, for the insurance ut shape
and the advancing of money by way of loan, to be 111 cored
by mortgage on shipping. The capital was set Iv: : a at
1,000,0001., in 20,000 shares of 501. each, upon which a de-
pant of 6s. per share was to be paid upon allotment, mid •
further sum of 375., together making 21. 2s. per 111141, .1111
to be paid upon the eaccotion of the deed of settlentrat.
The deposits upon the allotted shares were never pee:. nor
were any calls made upon the shareholders of the cone•any
in pursuance of the powers contained in the conip.snyfe
deed of settlement. It appeared that a document, nee tided
for a deed of settlement, was prepared in 1846, and vve• exe-
cuted by 16 persons, but it was without date and stamp, and
was never properly registered. Lord Talbot acted from tie tirst
as one of the directors of the company. About this time the
promoters commenced business, cud, prior to the il.de of
complete registration, upwards of 5,000 policies hart 'wen
issued, the risks taken being to the catgut of n-arly
1,500,0001. By this document it was provided that the com-
pany were to be considered as constituted and established
on the 2nd day of February, 1846. The registrar of loud-
stock comps:um, to whose knowledge the fact of thi• com-
pany having commenced business before complete ne.•tra-
tion had come, intimated to the parties interested *II .t the
acts of the company were illegal, and a new deed el con-
stitution was prepared and executed under which tli coo.
pany was completely registered. This deed was dati .1 the
6th of April, 1817; by it the capital was redui d to
600,0001. (instead of 1,000,0001. in 20,000 shares of 2..... each
instead of 501. each), and it provided that the company a es to
be considered as constituted on the sth day of Aprii, 1847.
The persons who executed this deed-13 in numb. r, in-
cluding Lord Talbot—were the only contributories opus
the list settled by the Master in respect of 5,600 .hares;
and it was upon them that the call had been made to pro-
vide a fund for satisfying the liabilities of the com;.eny,
which greatly exceeded the whole amount which it was
probable would be raised. Upon this deed, the cotopany
was completely registered on the 24th of April, 1817. In
May, 1848, the company was declared bankrupt, under
which debts to the amount of 746261. 16s. 11,1. were
proved, upon which a dividend of Is. in the pound was
paid; but 12,3841. 4s. 101, part of the total amount ei the
company's debts, were in respect of losses claimed from the
company under policies issued by the promoters, prior to
the date of complete registration ; and it appeared. from
the official manager's affidavit, that these debts were speci-
ally excluded from the call made by the Master, there being
a question as to the validity of the claims for 12,3841.4.. 101
on the company. In addition to the proofs made in oink-
suptcy against the company, there were claims upon the file
ef proceedings before the Master aniounthee to
MOO. 19s. 31 In December, 1850, the commissioner,
walk! in the bankruptcy of the company, directed it peti-
t es to wind up the affairs under the Joint-Stock COM-
MIN Winding-up Acts, 1843 and 1849, and on tl.- 18th
of immery,lß4l, the court made the usual order to wind-
• 1!s company.
Xr. Dame! and Mr. Baggallay, in support of the appeal,
submitted that the order was wrong, inasmuch as it pro•
ended upon an assumption that all the debts *boll had
balm proved upon the bankruptcy of the cempuny were
pal debts as against the company upon its being %clued
zazi they had been admitted without challenge by the
manager to the entire amount, whereas many of
the dank would be fount if properly investigated, to be
net rated against the company. Moreover, they objected
that all the debts for which provision was made by the pre-
smit call involved many debts fur which the claimant* had
we remedy, either at law or in equity, against Lord Taibot ;
sad that he was not to be considered a contributory to the
company in respect of any one of the debts to which the
emapany might have been liable to the claimants, too as to
which no liability enforceable against Lord Talbot by any
process at law or in equity existed, independent of the wind-
ing-up acts, at the instance of a creditor of the company. The
creditors of the company had destroyed its character as such
by bringing it within the operation of the bankrupt laws,
wid by this shoilev,.einhsaldhowreerme remedies whi,:icohw,tihnetchriesdeoitumrsp,in•utl; it
er-
n had been already decided that, having regard to the terms
of the policies granted by this company, an Mimeer could
not, after the bankruptcy of the company, have any remedy
at kw against the individual subscribers in the caste of
"Rake' v. the Merchant Trailers' Ship Loan and Awe-
/Maim Company," (reported in the 14th Jurist, 222) • and of
s. Hassel v. the same company" (19 Law Journal, ix. 181)
They also cited " Ito the Vieteria-park Company" (1
gatosn's Bench, 288).
Mr. Roxburgh, in support of the order, cites the Wed
section of the Winding-up Act, 1848, and the 29th section
of the Winding-up Act. 1849, and " In the matter of the Ine
dependent Insurance Company" (reported in the " Law
Journal)."
The Vice-Chancellor said that the case cited from the
Jurist only established this, that the creditor could not sue
a shareholder at law, and it left untouched the general
liability of the shareholder to the creditor, which could only
be enforced in this court or in Bankruptcy. Airepreditqrs
must have a claim on the general funds anstfulifis of the
company, and this led to the question w wcaiktbre fouls
of the company, and he thought that *tut consist of-
the contributions of the sharehulf,l rsk:Arichidleg Lord
..., ',
'i•\.." •'.... •

Talbot's contribution et 26,0001., and r kis EOllOll7 did not
find iu the deed any bereft newer to t►e eoatribistoriee,
giving them tbe right to pay by instalments, be saw no
Term why be should net sake the order. He thought the
Master haul caw lo the right coselriou, bathe thought the
question was n•4t brought untecesaarily before the court,
and he should give Liu eau against Lord Talbot, and he
should give the official manager kis eats oat of the funds.