The Express.
London, England, 1863-05-02 00:00:00

VICE.ADMIRALTY COURTS BILL

The Duke of NEWCASTLE moved the second reading
of this bill. He said that, as their lordships probably knew,
the viceadmiralty courts is the British colonise were
order the jurisdiction of the High Court of Admiralty in
logiand, and the appoiritsteete to the judgeships of these
courts rested with the Admiralty at home, the goverbors of
the British colonies being the vios-admirals of these courts.
The Mammal:6.°oe which this bill sought to remedy mese
from the small amount of businela in these courts, which
rendered it necessary that the judges in them should din.
itarother (onetime. Wheoever therefore • judgeship
tre vice.admirslty wart became vacant, the result was
that notice bad to be sent borne, and mouths often intervened
before • new appointment was made, during which time
a cessation of the judge's functions took place. The pro.
widow of this bill were, reserving to the Board of Admi-
ralty at home its full powers of appointing a judge, or re-
jector( his appoiatesent, that the governor of each colony
should proceed to the appaistmeat of a judge, and that the
chief judge of the colony should temporarily fill the °Moe
of judge in the vim-admiralty court, subject to the Baal
sheision of the Admiralty at boom, with power to appoint
hie own registrar. There were some other
miner alterations, but the above were the princi-
pal features of the measure. The bill had been
drama by Mr. liothery registrar of the High Court of Ad-
miralty, and he (the Duke of Newcastle) thought this eir-
easmeenee would have weight with their lordships in con-
adoring its merits.
Lord CHELMSFORD said be had read the bill, which
appeared to him to be admirably drawn, and met with his
full approbation.
The bill was then red a second time.
_METROPOLITAN RAILWAY BILIS.
. .

Emil GSANVILLIi d that with respect to the fol-
lowing bale :—The RNA Lando' and Rotberhithe Railway
Bill, The Greed Surrey sad Commercial Docks Railways
Bill, The Metropolitan, Teltimloo, and Banipateed Railway
Bill ; The Rotherhithe Railway Bill, and the Lowdos Rail-
way (Victoria Swam) Bill, the orders made on the 27th of
rehrmry last for the camoittal el the first four bills, and
the eider mode es the sth of Nandi last for the committal
of the last bill, be dichsened ; sad that the fees of the
Mime which ham boa imearred is respect to the said bills
be remitted ; and that the mid bills be sot further pre-
eseded with daring the pt t.m:as.
The radio* was a ssdO.

ENCLOSURE RILL
?hi bill pawed t►res& eriensittee, aad their lordships
eijoreemed at 95 waistee psi 5 ease.

HOUSE OF 001010218.—FlIDAY, MAY L
The States took flit &sir sI4 o'clock, Dot then being
alb 36y. =ohm poem Ye boom Hood dimmed till
Moda

NAVAL AND NITLITABY.

ADNINALTY MAY L—PROMOTIONB AND APPOrtfr-
inwry..o
.7!steirsi.l...l. Palmer, to the Baseswen.

Bato•Lientensals H. J. Farb aid IL H. Hancoe7d, to the
Liverpool.
lisetsn' Amitosis W. W. Brown aad J. B. Palmer, to
W LiviepooL
ITldshipmen C. O. Haw; to the Caracas ; H. H. Barkley,
11111 ?babe ; R. B. Pipes, to the Royal Oak ; W. C.
Salmis, to the Orlando ; J. Brown, J. T. Harding*, F. W.
Jaddas, W. H. Mosakkm, and F. J. Randall, to the Unw-
ise!.
Istimer G. Rigby, miperasznerary of the Indus, promoted
Ilms-eJam amistaat
Naval Onteta J. 0. F. Len, J. H. Hondersos, W. H.
bait, and C. W. Bahama, to the Liverpool.

NATA.L AND MUM= Bum Socnery.—Yester.
day the 83rd assegi geseileglClliessiety was held at
Breter.hall, the Ample et Oedimesdeigy is the chid:.
The report dated teal &NW the peel year the society
distributed 3U Beim es, Testaments, exclusive of
4,515 coped by the Bliabergh auxiliary. The inns,
however, wee Ism Alm daring the previous year, -hes •
eery large weber et ryas of the Holy &firearm were
erappiied at a radioed price for the we of the army. The
member of Belles hewed to that breach of the united
service during the lest four 'ears wee 97,865,
sad the lon to the society in the differeoce between
the selling and cad pries wee 1,351/. 6e. 7d., the
swage leas beteg 2391. ss. 10d. per ammo. The society
had also. dories the het year, throegh the Admiralty, sup-
Jailed 1,000 Bibles, at • est of 641.35. 4d., for the use of tbie
sailors on board her Majesty 'e ahips of war, end bad made
several free grants of Bibles and Testaments for the use or
Scripture classes at Aidershott, Woolwich, Portnoy, sad
other barracks of the army and marines and ca board of
chip, whereas the .stile receipts, including the oontrikm-
times from the auxiliary societies, and 1,0371. 18e. 4d.
realised as the sale of Bibles, amounted, in the prosodies
yew, to 3,252/.116a. 1 d., lest year they °sly animated to
3,280/. 18e. 6d., and the expitathtm• to 2,0841.9* 10d.,
leaving, with the balance naiad forward from the preview
*edit, 1,0311. to the credit of the society. The meeting was
addressed by Captain the Hos. F. Mande, R.N., and the
Rey. Yr. Proctor, and the report and usual resolutions were
approved of, what the pressediugs_terroiseted.
LOWDOIf HOMEOPATHIC HOSPITAL —The thiy-
%sea annual mesas( of this institetion was held on
Theraday afternoon in the board.mom of the hospital,
Great Ormondetreet. The Right Has. Lord Ebory pre-
sided, and amongst Uses present were General the Hos.
T. Ashbiarnliam, C. 8., General Clarke, Dr. F. F. Quin,
Dr. Russell, Dr. Hamilton, Mr. John Boodle, Ica The
report, as read by Mr. R. Buchan, the hoe. secretory,
and nuanimouelyadopted, showed that the Metal:dim wes
Moodily In 1861 the number of ewe treated
was 3, lb hi& increased last year by 523. and of
theme 50 were in and 473 oat patients, the total being 338
of the former, and 3,563 of the latter, making a total Sone
the mining of the institution in 1860 to December last, of
37,215. The subscriptions and doeatione were lees than is
1861 by about 741. 9s. Ild., and it wart presumed through the
Lancashire distress, bat there were, however, 63 new sub-
scribe's. The funds had Moos the foundation gone on
steadily increasing, and in ten years the annual subscrip-
tion had more than doubled, and the donations had in-
creased to upwards of 600/. last year. The sodosrmettit
feed sow amounted to 1,1991. Is. 5d The total receipts
Lan all sources were 1,7401. 9s. 3d., of which, after defect-
ing 1401. belonging to the eudowmeot fund, the Wanes
remained applicable to the general expenditure for the
year ; hut as the expenditure for the same period amounted
to 1,6091. I Is. ld., there was a balance as Mat December
lest of 81. 14s. 101. is MOM of the iooome. Not with-
Mending the increased number of patients the expeoditure
led year o:raided that at 1861 by only 71/. lls. Id., and
that was chiefly for the purchase of furniture and for re-
pair', ate.

---
BIRTROPO ',nix BOARD OF WORlS.—Yelterdaythe
tonal weekly meeting of the beard was held in the board-
room, Bprisg-prdees : Yr. John Thwaites is the chair.
The
_report of the firms committee was Nought up sad
laid before the heard. It recommended that the Governer
of the Beek of Blighted be requested to give directions to
advance to the board 100,01.101. for Use purposes of the
main drainage works. A dimension took plus os this re-
port, to the course of which the chairman mid they had
Iscroning powers for 3,000,0001., sad had bad of that
amount 2,200,0001., so that they had a margis of 800,0001.
Ye had ghee directions to have (attain informatics pre-
and he hoped in a few days to be able to lay it be-
fore the committee. The riegleeer to the board Mr. Bead-
'mete) bad made a report to the committee which was re
their hands, stating what work was to be done, sad the
proWrie oat. The report was adopted usaeintossly.
Yr. J. W. Besalgetts the chief engineer, brought up Ine
wool 'earthly report apes the progress of the main drain-
age works, which was adopted, sad, after the disposal of
woo routine busisem, the board adjourned.
FIRE AT WOOLWICH ARAZNAL. —At eight o'clock
yesterday monies considerable alarm prevailed at the
Royal Arsenal, Woolwich, in cosesqueses of a On which
broke out st the carpenter's shop of the storekeeper's de-
partment, and which, from the kris amount of combustible
sraterbil in the vicinity, wan likely to result seriously. The
Police Fire Brigade, under the direction of Inspectors Bans-
dere sad Brine, were immediately es the spot, aed by the
lista!, application of the powerful bare sod hydrants; sad a
}lento el supply of water from thereservoir, the Imam were
we ea ti ngunhed. the damage being sonfined to the build*
ia which the fire originated.
The " Morning Poet" of September 29, when
deecrielin beeson's Orest Clock hi the Exhibitien, says The
large clock In the °entre transept is a doe pica et asecisa-
Won, our of the largest chiming.- Denson's nee showroom
contitia clocks designed by the stet artiste of the day, sad le-
ends clocks for the drawing.roora, dlning.rorna, bedroom,
hall, staircase. bracket, carriage, church, turret, railways,
PURL" ,Cotiati cox betisejerfth minks!, anrontenleal, and every
derrlpduu of clocks, from the plalsest to the hlghcst quality
of claws the art Is at primal capable. Charch and turret clocks
apscleliy estimated for. Reinun's Hluotrated pamphlet on clocks
sad walinhos 'free by post for two stamps; contains& short his-
tory of cluck sad watch making, with deteriptlons and prices:
it aril as • snide in the porthole of • clock or watch, and en.
alass those wbo live In Scotland, !reload, Wales, the colonies,
laths, tw any part of the world to select a clock. J. W. Below
sieselied • prlas medal asd beneurable mention —St and AL Lad.
Ilea—tAdvertnierneat j

lUtb; Intellttnct.

EQUITY COURTS.—MaY L
(Before the Lards Justices of AppeaL)
IN TIN li/LITIS 0? TIN OILIAT Norman LAD =LUIS
coat oorrair (wimp).
This ass was an appeal by Messrs. Corr* Fitspatriek,
Hacker, Longolore, and Parker, from an order made by Yr.
Corniaingeoer Goldberg, whereby a call of 3/. per share was
made upon 100 shares held by each of them for their quali-
fications as est director of the company. The appeal
WAS 0 on thej2lth ult., and the arguments concluded
to-day.
Mr. Daniel, Q.C., sod Mr. Hardy, in support of the ap-
peal; Mr. Bacon, Q.C., and Mr. Roxburgh for the re-
spondents.
At the conclusion of the arguments their lordships intl.
mated that the case would be in the paper on Friday next to
be disposed of.

(Before Vios-Chancellor Sir J. Stuart.)
CROSKET V. 10K BANK OP WALES (LOUTIO), AND OTHERS
This we was concluded this morning. The plaintiff was
• shareholder in the above named company, and on
behalf of himself and all others the shareholders
in it, except the defendants, be sued the
company, praying by his bill, in declaration that
the defendants had been guilty of such misrepresentation
and suppression u to entitle the plaintiff and all the other
persons who had paid mosey for their shares is the com-
pany, on the faith of such misrepresentation, and in ignor.
anon of such suppression, to • npayment thereof, and that
all the defendants might be declared liable to repay such
amount. respectively ; that a call of 51. or 31. per
share was • al and void, and that the defeedants
might be restrained from enforcing or receiving the nano, or '
forfeiting say shares for the non-payment thereof, and for
repayment of any amount already received by the director'
on account of such call ; that the defendant. might be
restrained from opening or establishing any baakleg begi-
ns= in competition with the private banking concerns re.
toned to in the prospectus of the company, and upon the
faith of the purchase of which for the company, and the
carrying on of which by the company, the plaintiff and
others were induced to become shareholders therein ; and
that the defendants might be decreed to repay a sum of
6,0001. with interest. To that bill the defendant. (the
Basking Company) demurred for want at equity.
The Solicitor-General and Mr. Itoxburgti appeared for
the defendants. and supported the demurrer • Mr. Malin,
Q.C., and Mr. W. M. Morris appeared for the planed!.
The grounda upon which the plaintiff rested hi sae and
those on which the Vice-Chancellor hued his decision,
will sufficiently appear from hie Honour's judgment.
The Vic... Chancellor, without calling on the defendant.'
counsel for • reply, said—This bill wen filed by mews=
on behalf of himself and all others the shareholder in the
bank, except the defendants, and "ought relief notelet them,
chiefly on the ground that some other penes bad impro-
perly received money from the company. The first step
towards the relief which he prayed was a declaration that
the defendants had been guilty of misrepresentation and
suppression of facts. In his Honour's opinion
the plaintiff had no right to file • bill for
any such purpose. The plaintiff stated oothing is his bill
to show that those on behalf of whom he professed to sue
were dissatisfied with the alleged improper payment of the
money. This came was, therefore, clearly within the prin-
ciple of " •70061 V. Garcia Del Rio," (in Tuner sad Roseell's
Reports, p. 297), where Lord Eldon said the man where one
party filed • bill on behalf of himself nod others were cases
when the others bad a choice between that and nothing;
but how could it be managed when some parties were not
dissatisfied, but were disposed to abide by the contract ?
The neat part of the prayer was in fewest of aa
demand in the shag of • call of Si. or 34 es shares in the
company. The question aa to that was what was • call?
Not only did the articles of sessiatios of the company,
but the plaintiff's bill, clearly dieriagneh between
a call upon shares sod • deposit. A call could nos in the or-
dinary sense of the term be made till after the deposit and
other payments had been made. Upon that part of the
eerie lus Honour thought the plaintiff could not succeed. The
next ground of relief prayed was more extraordinary still
than the other, via, ea to the injunction to meanie the
defendant from opening or establishing any banking business
in compel ition with the private banking concerto referred
so in the prospectus of the company ; and upon the faith of
the purslane of which for the company and the carrying on
of which by them, the plaintiff and others wen induced to
become shareholders in it. That part of the case was corn.
pletely contradicted by the language of the prospectus.
The whole purpose of the company was to stn.
blish banking businesses in visions parts of Wales ;
and to my that those busies es were not to he
carried on in competition with prints banks ins, to his
Honour's mind, simple nonsense. It was said, however,
that by " private banks" was meant the bank of Messrs.
Crawshay, Bailey, and Co. But there was no wanant for
any such statement on the bill. Then, the fourth (reload of
the relief was, that the defendants might be derailed to te.
pay a sum of 6,0001. with interest, not saying to whom. As to
that, the memorandum of association expesesly authorised
the directors, without any further warrant, ia cats, and so
soon as the capital should be increased to 500,0001. or up-
wards, and 'barest° thatamountbad bees subscribed (mind
allotted, to pay to Chu. Puke, his executors, administrators,
or assigns. the sum of 6,0001. With respect to the allot-
ment of the shares, the 12th paragraph of the bill cont.
plsined that it had been precipitated, is order to enable the
directors to pay Mr. ; while the 15th, 16th. and 17th
43 than that. onl
red T4,t9itf. share, an.,amohasdut lees
;lotted. In truth the statements of the bill as to the 45
shares—and indeed as to the allotment of the others—were
so entangled and confused, so mired op with allegations
about " a scheme," and the steps takes to give it
an appearamo of egality—of entries of hams on
the register as ifl allotted—in short sea
incom-
prehensible were the allegations of the bill as
to that part of the case, that his Honour bad in vain en-
deavoured to understand them. There wee, however, one
thing plain, that they contained nothing to show that the
6 0001. ought to be repeal by any one to any one. Upon that
part of the case, therefore, the plaintiff was aka wrong.
In ordinary =sea when • bill cheered misrepresentation or
fraud, or what amountedtothat, end ditto) vaguely and with-
out specifying the particulars on which such charges were
based, they were the subject of coats. On • demurer, in-
deed, for the purposes of it, they most be 'bosomed to be
true ; but as the plaintiff here had wholly failed in sup-
porting his case, and as it was manifestly within the prin-
ciple of that of ,'Jones v. Garcia Del Rio," the demurrer
must be allowed, and with oasts.

COURT OP QITZEN'EI BENCH.-MAT 1.

Bitdop is Shoo°. —(Before Lord Mat Justin Cockburn
and Jordan Crompton, Mellor, and Blackburn.)

row& AND Axonal' (iazarrom) v. LONDON AND

MANCHEBTSII DISOILILICE 001IPAZT.
This ease cams before the court opal • demurrer to a
plea to the declaration. It appeared that an action had
been brought by the plaintiff upon a life policy for 1,0004
and the defence set up was that the policy bed become
vitiated, on the ground that the deceased had made certain
untrue statements in his declaration to the company. The
usurer signed the usual declaration, but mad* several
small mistakes se regarded the ages of his mother, father,
and himself. He also made a mistake in statiog that he had
never suffered from the gout. At the bottom of the decla-
ration a notice stated that the parties made it as the Mai of
the agreement to be bound by it, and ebould there be any
fraudulent conmalment or designedly untrue statement °Da-
! tabled in it, the usurer should forfeit his premium and the
policy should become vitiated.

It Was now cootended, on the part of the defendants,
that the statements in question were untrue. They Dead
not be designedly untrue ; but should they be untrue, Mill
it the usurer believed them to be true, they would teed to
mislead the insurance company, and therefore would be
sulEciect to make the policy void.
On the other heed it was coeteeded that the parties had
be bound by the declaration made by the aathrer,
earned to
the bottom of it wee a Dote stating that the state-
ments must be " franduleatly sod designedly astral" he.
fore the policy could be vitiated on that ground.
Mr. Kasalake, Q.C., Mr. Huddleaton, Q.C., and Mr.
Prentice were counsel for the plaintiff ; Mr. Mellish. Q.C.,
and Mr. Jones, for the defendant,. _ _

The Lord Ciiief Justice mid he was of °pinks that the
plaintiff was 'raided to the judgment of the court. The
court had considered the ease very carefully, and had come
to the 000cluaiou that to make the policy void it was no:
sufficieot to my that the assurer bad made certain false
statements in his declaration. It must be proved that they
were false sad designedly untrue. If the assurer, inn:whim
the declaration, believed what he was semetieg was true,
although it was really false, that would not vitiate the
policy.—Judgment for the plaintiff.

BURINISB Or THB COURT.

The Lord Chief Justice announcedlhatmotions would be
taken &trio; the lest four days of term in the Bail Court,
before Mr. Justice Wightman. A list would be made ont
of the cease to the new trial paper to be taken at the after
term bunco sittings, but it would not contain those rem
tried before the Lord Chief Justice and Mr. Justice Wight-
-133111A.

COURT OF COMMON PLEAS, MAT L
Strings in Baoca.—(Clam Lord Mid Jartioo Eris sad
Justices Winn, Bylea, and Kristian.)
lONIC= v. THE UNIVERSAL manic INSUEANCII COMPANY.

LOBS 01 A CHM UPON Till caarraaaavz coast.
Tbia wee as attic• epos the pansy al Mauna* foe 3,0001.
'aim coffee oe bard the ship Linwood, *becalm haw
valued at 25,0001. The loin occurred nadir these aroma-
dances. The Linwood, on the 25th al Nay, 1861, sailed
from Rio Janeiro upon • voyage to New Odour or New
York, calling at Belize for orders ; sad os tM sot et the
17th July she ran on shore in Hatteras Inlet On the 18th
curtain persona called wreckers saved 150 hags of the ooffee,
and they would have bees able to wive 1,000
boas but that Confederate troops amt down aid
took poseession of the meeel Awed sago ; and the
next day had weather came as. mad the ship end
cargo were lea. At the trial Wore the Lord Chief Jus-
tice, at Guildhall, the verdict was for the plastid, 'eldest
to the alnico of the court upon the question al law whether
the lam or any part of it bad been caused by "►ostilities,
riots, pr eommotioos," which perils the policy provided the
insurera:should not he liable for. The facts upon which
this question depended wore, that the Confederates had
' removed the light from Caps Hatters., and that their troops
had provesied the ruts{. oi the cargo. The defeadaats