The Express.
London, England, 1864-01-14 00:00:00

THE EXPRESS, THURSDAY EVENING, JANUARY

SPORTING INTELLIGENCE.

THE DERBY.
TO TUE 11:DIS'Oft 01 TON MIMS.

Sra,—With the best of last year's 2-yr olds not
in the Derby, the talents may well feel puzzled whore to
look for the winner, and speculators are justified in paying
more attention than urinal to the dark division, which con-
Mats of no fewer than eighty-eight hone; the het including
Bair Athol, Forager, Jack Frost, King John, Fitz-Adam
Markforward, Gownsman, HoHybl:, and arcourt, who
have all been backed dating the last six months. There are
many others backed whose pretensions are equally dark,
notwithstanding they have been in public, Advert's, the
Count, Beragab, the Ciliate colt, and Hone Marine,
laving failed most signally to distinguish themselves
en account either of not being wanted or trained ; and
everybody memo on the qui rice for another Macaroni to
appear on the scone during the next three mouths. There
are eves whispers of another " Mac" being in the stable that
be spread from, although the world generally appears to be
looking in the north for the dark wonder, Blair Athol
having a reputation that bids fair to make him • great
favourite. The I' orkshire stables have no very brilliant
performer to boast about, their best consisting of Claremont,
Ascitam, First Flight, Prince Arthur, and Eastiminster, and
if Bair Athol la not 10lb superior to the best of these I do
not perceive how soother Derby is to go to the north.
J. Scott has • long string, and until ;bey ran in public
Baragah, Toot Toni, and War Dance were all highly thought
of ; but ooly Claremont did the ',table soy credit, and he has
nothing to boast about beyond the defect of Apennine, the
Ybemy filly, Coast Guard Hien George, and Durham at
York, when he had the but of the weights with everything
but the first aimed. His form was thus about the same as
King George's, and the room there appeared for improve-
ment made J. Scott look formidable enough in the Derby ;
but the mistake subsequently made with Toot Toot tends to
prove he is not so gout a horse as the public think him, and
it would not astonish me to see one of the dark lot at
Whitewall some day put him in the shade, Hollyfox and
liarkforwad comprising the best of them, in my opinion.
Baragalis two races at Newmarket, too, he was so back-
ward in condition that his defeats go for nothing, and such
a good-looking colt must do something someday. J. Scott's
ainibbeur, W. l'Auson, has the great Blair Athol
to put Whitewall almost wider a cloud ; and
it seems to be the general op:e:nn that this
sou of Blink Bonny is • veritable 9yer' especially
among those who have seen him. The moz,ey he has been
backed for is alone sufficient to bring him a greet favourite,
if nothing serious should happen, and i am compelled to
think hint one of the best horses of the year, if not better
than the moderate lot of performers in the Derby. At
Middleham Lord Glasgow is all the rage, although his lord•
ship has shown us nothing better then Ern Flight and
Anemia, two colts whose performance; only bring them
into the second class. General Peel (the half-bother to
'Knowsley) may be • first-class horse, for when be beat
the wretched Beloochee at Doncaster he was quite on-
trailed, and a better looking colt was not seen all last
season. Only one of his lordship's half-dozen—the colt by
Young Melbourne out of a Gameboy ma:e— has been kept
at home ; but he had only tore two-yr-old engagement,
and there is nothing surprising in his being still
dark. Whether he is the Simon Pure of Lord Glasgow's
lot which has been backed to win half-a-dozen fortunes is
mere gums work ; all I can advance bean that neither
First Flight nor Ascham, the beet of the performers, beam
good enough for so much noise to be m.,de about the
** lot," and that if his lordship wins the Derby it must be
by the aid of one of the Young Melbournes. J. Osborm has
Prince Arthur for his beet representative on paper, for the
good-looking Miner has done Gotha( more thane walk over,
atd the sttapping &tasks Liu never been tit to run. The
Prune ran a ...mond-cum Derby hone only, until he finishes!
second in hie eleventh and last race at .Vewmarket for one
of the Nurseries, under a very heavy impost, but were there •
only • little mono( him he would be a Derby horse all over,
sod I should not care much far the ease with which Linda,
Coast Guard, Coup d'Etat, and Fille de l'Air bowled him
over. The pick of the Hatuldston fart, Esatminster,
we have seen the best cf, and he cannot claim more than
secood-elm. honours ; and of the Richmond division I need
truly mention that Wintringham has a irides-like colt in
Laomedon, who came out once to be well beaten at Stock-
ton. However, J. Scott's. J. Osborne's, and Lord Glas-
gow's lots, with Blair Athol, are all that can be expected to
represent Yorksbireio the Derby; aid it strikes me that,
to absolutely win the prize, they must tack to Blau Athol
or oars of Lord Glasgow's dark cendidatee, for I have seen
no public farm good enough to stand on.
Newmarket, always Yorkshire's peat rival in the Derby,
has shown nearly all its trump cards, and Gadding
reads more dangerous than he did last year,
having l'oest Guard. Apennine, and Fits-Adige to
work ash. The latter has never run, but has given
them a good taste of Lis quality at home, it is said„;
and Guard having run a great horse on one occasion,
while A pennies never performed badly, it would be strange
iF they matook his capabilities, for Apencine has run very
tree throughout Ilia career. D have an idea, however, that
if they mu get hint into good trim on the day, Coast Guard
will prove the best of Godding's in the Derby. Lord Stain-
ford's new trainer, W. Butler, castrato Canibascan if any-
body can, cad If his legs do not give way be must do the
green and black good service at Epsoui, for when winning
his two ince. he might have been made about a atone better,
and be is quite a match for Coast Guard on that ac.
count The dark Gownsman is the second string
talked about • but what he is worth has yet to
be discovered, and at premed it does not seem at
all probable his lordship has anything is his
stable to eclipse Cambusain. Mezzos's followers
have not had enough of the colt by 1- razzoletto oat of
enlists, in devils of his disgraceful exhibition in the July
Stakes, a, it was palpable he had no business out of the
stable, nod lib good loom swelled the number of his friends
even after the race ; but, like tJoadwin's Horse Marine and
Lucky Star, and Jeunisp's Sosiehanap, who merely give
promise of achieving a reputation, for they have all run in.
differeutiv, be wows& more correnly Came in the dark di-
vision with Cotton's Peon and T. Taylor's Balarnock, who
lave their fair share of min:Units, but ought to have been in
public by this time, if worthy of any great ooefidence.
idaigid. Mass. at John Dawson's, ran well in the first
part of the last imam, but was not of sufficient calibre
to keep pace with his contemporaries, mid them who got
on hint for the Derby in the summer months are scarcely
likely to have any return for their outlay. I:ambito:an will
be able to give him a stone and a beating this yew, and the
latter is hardly • good investment as yet, with his legs so
•• (ioddiwis lot" being by fa tee best investment
fer tnca Who will stick to Newmarket.

t7.17dh..... lard the moderato Jupon and Welheck ip
the heat, timindai, Shia; the are of them,* and Epsom is
hardly so wall off • but the Flubs stable, W. Goatees, has
Birchhroom, Dorl;sm, Planet, and Practitioner in its lot,
sad these have all dose respectably at tires ; nevertheless,
the ocly one they dare to stand at Epsom is Birchbroon,,
sad I mu afraid he is not !quite good ecough to bring off
a Denby. In the remaining Sussex stables, we
have Jack Frost at Drewitt's, ar.l Forager at E.
Pares, both dark horses with hosts of friends ; snd yet
Perigees must be careful not to overrate him, as he was
always stub a big, over. •rown colt that they can scarcely
kuow at home yet what he can do.
The Barka, Wilts, and Hants stables are very otiose, and
at J. Day's, Danehury, there is quite a string of promising
colts, Ackworth, tLe Count, Master Richard. and Ilaroourt,
all baviog bees talked about in coaaerion with the Derby,
despite the %retched exhibitions of the two brat-pained.
Har:•ourt has miter run at all, and if he i. not the best
toe C 0;,.:. must be, he bevies run in much worse condi-
tion than Ackertwth, who is bully so goal-looking a horse.
But W. Day, of Wuodyeates, should eclipse WADI all, with
Historian, who won his race at Goodwood ii capital style,
aid ought to be a much baiter favourite thee be is at
present. At Wooloot's there are the mooed-chin Brindisi.
Loight of linowdon, and Cseur do Lies, of whom oily the
latter Las greatly distinguished himseU, and his good per-
Immure at Stockbridge was negatived by his subesqueet
doilies. H. Geste; et Littleton, has coshing better than
Ike Doctor ; and with Washington, the only one for Sir
J. Hawley to depend upon, Kingsclere is hardly likely to
be overjoyed at the cherry-jacket winning another Derby,
although I anticipate seeing this hawse rrsa much better this
year than he did Led. For Earley, too, to carry off another
Blue ltiband. H. Dawson must make Scottish Chief a slope
better than any one who saw all his 2.yr-old performances
cue believe Lim to be, and the same may be said of
T. Olivet and Ely, although the lanr might improve
more than we have .s right to suppose the Chief will
de. Countersign, claimed after winning a mollies roue for
W. Day, aid who bas changed hands two Of three times,
In not far behind the Chief is public favour, and he is
scarcely beard of in coons:lea with the Darby being now
as a.. obscure stable, viz., G. Clement's. at Heddiiirtoth
near C..10e, Wilts. Another plater, Teddy. trained by H.
E. Huy, at Codford, boa clooe his " good thing" in public ;
hot can never look she class cif such a colt as Coop d'Etat,
who is located at Prince's, Lamboatre. If there is a best
is the Derby, oo appearances only, this must be the one ;
sad perhaps the best performer is one of his neiabhoun,
trained by Pryor at Compton. He has a good coin-
peados in liter, sad Mr. Tee Broeck must be considered
ferteoato in having such a pair in the Derby. G. Oates has
the high-priced King Jobs at !Amboy:in. ; bat he is another
of the dark lot, and there are too many good performers in
the a. no dints act fur him to make much noise before coming
not.

Knon log nothing of Wadlow's dark lot at Stanton
Shiffnall, which includes the recently named Warrior, by
King Toni, out of Wood Kyreph, coy observatioos can en.
teed no further, and I mono% Hatter myself on being much
nearer the winner than when I began, for the cream of the
public performers—Coast Guard, Coop d'Etat, Paris, Cain.
buwen. and historian—are hard enough to choose between ;
and when the reputaaioaa of Blair Athol, Forager, his.
Oda*, liarliforward, Holt fox. Harcourt, Jack Fecat,
Ackworth, Count, the Calmat Colt, and something of Lord
Glasgow's, receive their doe weight, a critic. to be at all
heaset,uurst confess himself thoroughly mystified when
tryiog to dud the beet. Tim only way so grit oat of the
dilemma, perhaps, is to malie• bold pimp, sad I shall
do so by declaring is favour of Blair Athol—l am, die.,
METEOR.

ORTRAL PALAOS. ONE Ballwin DAY.
WeaaasoaT,Jes.l3.—Adasiseioaeco payamak4a32; ditto
by meow lisk.u. 459 : tabil, 1,521.
BOZNIMSN'S TES is choice and anon& moderato
• le pm*, sad wholeems to nos Them mlesaisiss ser. sosanol
Mt Mb Tea • postal proereace. 5, uk pukse by lIMIO
asok—(Advaibiabist.lt

tab) intellistra.
EQUITY COURTB.—JAN. 13.
(Wore the Lord Übangiler.)
ZI PARTE SHRUBSOX 1111111110711 CT.

This was au appeal on the part of the creditors' assignee
from a decision of Mr. Commissioner Fame, granting Mr.
Tandy°, a public•houae keeper, his discharge. The grounds
of appeal were that the bankrupt bad framed imperfect
accounts, and that he had committed fraud by obtaining
the title.deeds of property which he had mortgaged from
the mortgages on a promise to return them or pay the money,
and bad then sold the property without fulfilling his
promise.
The Lord Chancellor directed the case to stand over until
au affidavit was filed that those points had been submitted
to the learned commissioner.

Mr. Swanton was for the erecliton' assignee ; Mr. Bilten
for the bankrupt.

THE REPORTS OF TIM COURT.

In this last rue the Lord Chancellor took occasion to ry
that there were no authorised reports of the court, and
that he hoped that no repeaters would ever be placed
wader the direction of the judge.

(Before the Master d the Rolls.)

LN RE WATERLOO LIM, EDUCATION, CASUALTY, AND
RELIEF ASSURANCE COMPANT.-11 rAars BEREsFORD LND
PAUL.

Tbs above company is being wound up in this court, and
alma' the contributories are two gentlemen named Berea.
ford and Pug. They claim to be entitled to an annuity ci
1001. each from the company for their lives under
an indenture noticed herein, and to have the moneys due
to them in respect of such annuities set against the moneys
which thee may be called upon to pay as contributories
under the.win&ng•up. The case came before his Honour on
an adjourned summons last sittinp, when he reserved judg-
ment, which be now delivered. He said th►t the above-
named gentlemen, together with one since deceased, were
the promoters of the company upon certain principles est
forth in a work entitled, " A Treatise on the New Applica-
tion of the Principles of Life Assurance," of which they
were the proprietors, and they had also takers a lease of •
house in the Strand for :Li years, at VW. a-year for the pur-
poses of the company. At • meeting of the directors is
September, 1851, at which the three promoters were
present, it was determined that a clause referring
to their claims as each promoters should be in-
serted in the deed of settlement, but as the regis-
trar of joint stock companies refused to register it is
that form, the substance of that clams was carried into
efteet by an indenture of October, 1831, the validity of
which was now in question. At that time these gentlemen
were pot directors, bckthey became such in November, 1631,
by the deed of settlement, which was duly registered on the
24th of that month. They also assigned the lease of the
house to the company. The indenture of October and the
assignment of the lease ware approved and adopted by the
directors, in December 1851, but no general meeting was
called on the matter.

The first question. said his Honour, is as to the validity
of the deed, which the official liquidator insisted was
void for want ct contideration, and elm because no
approval of a general meeting bad been obtained
as required by sect. 29. and 8 Viet., c., 110.
As to the coosiderition, hie Hollow thought the assignment
of the lease aloes was sufscient ; and se to the 29th sect.
it was a disabling clause and most therefore be construed
strictly. It applied exclusively to the case of contracts
entered into between the company on one side and the
directors of the company on the other. Then these gentle-
men were not directors when the deed was executed, and
there appeared nothing eolluaive about the transaction.
The short time that elapsed before they became directors
could not affect the case. The owner of a large concern, •
mine, or a brewery, might properly and legally sell that
concern to an incipient joint stock company for the purpose
of being made the subject of busurees to be carried on by
it, and such purchase and sale would not, his Honour
thought, be invalid by reason of the vendor subsequently
janitor the company and becoming • director of it, even
though the provisions of the 29th sec. were not
afterwards complied with. „Burt v. the British
Nation Life Amu-aura Company" supported this
view, and would be followed by his Honour.
However, theme gentlemen did not now claim under
the indenture of 1151. but under an agreement of March,
1837 (which bin Honour read). At this time the three pro-
moters were directors, and the contract was • material
variation from the original indenture. Though the considera-
tion for the agreement of March was the assignment of their
interest under the prior deed, yet es it was entered into
with directon hie Honour was of opinion that it required
the approval of a general meeting to render
it valid. It mattered nothing that the latter agree-
ment was more beneficial to the company than the former.
The 29th section made no distinction as to the character of
the *Detracts embraced by it ; a mere reliaquishmeat of •
benefit accruing under the first deed might not have re-
quired the sanction of a meeting, but that would be because
it was not a new contract. That was not the case here ; and
whether or not the new cootract, which this clearly wee,
was beneficial to the company was • question on which the
shareholders might bare differed front the directors. By
the first contract the promoters were to be benefited only
so long as as the company lasted, while by the last the ad-
vantage was to continue for their tires. The 29th section
applied to this part of the cam, and as it had not been fol-
lowed the clan ants of the annuities could
derive oo benefit from the contract of 187.
The remit would be that the original indenture, which was
abandoned only for the new and invalid contract, would re-
main in force, and that Mamie. Bamford and Paul would
be entitled under it to 2/, per cent, on all policies effected
since 24th March. ~ until the sale of the business in
July, 1862. An account must be taken of those, and
truant the amount to be found due on the taking of such
account must lie set off the 100/. annually received by them,
and the balance due to them must be set off against the
calls they are required to pay as ceintributoriee of the can.
PaPl-
- fielwya, Q.C., Mr. Bagrallay, Q.C., Mr. Bimetal.
and Mr. Lindley, appeared in the matter.

(Bofors Vice-Cluncellor Sir J. Stuart.)
TRAILL r. HAREM.

The pleieliffs in this suit were the Reliance Mutual Life
Assurance Society ; sad the defendant. were the treaties of
the Provident Mutual Life Assurance Associatioe.
The bill prayed a declaration that a policy of life ammo*
for 1,0001., dated the 18th day of May, 1861, sad which
had been granted by the plaintiffs to the defendants, was
frendttlently obtained by the latter from them, and might
beset amide, and delivered up to the plaintiffs to be cancelled,
and for se injunction to restrain an action at law. The fact.
were shortly these :
is 1836, Lydia Taylor assured her Wein the International
Life Assersaes Society for a sum of 14,0001. lo May, 1861,
that office, to protect themselves to some extent, soured
3,0001. of that 14,000/. with the defendants' office ; who,
again, in their tans, on the 10th May, 1861, proposed that
the plaintiffs' office should take a part of the risk to the
amount of 1,0001., out of the 3.000/. To that proposal the
plaintiffs agreed ; and the remaining 2,000/. was to be un-
done ken equally by the defendant& office and the Victoria I t
wm than also stated that Lydia Taylor was at that time al-
leged to be in her 62nd year ; that the usual medical certificate
could not he obtained, but that the defeadants' bad been
informed and believed that Lydia Taylor's life was a first-
class one ; and that they had granted the policy
for the 3,0001. on that understanding. The plaintiffs
' thereupon made no further inquiry is the matter ; but
agreed, se they said, to the proposal, is full reliance on
' the defendants' assurances as to Lydia Taylor's life. Oa
tte 15th Mee, 1661. the defendants abandoned their inten-
tion of continuing to undertake the risk on Lydia Tay,or's
life to the extent of the 1,00 Y., but concealed that circum-
stance from the plaintiffs. Lydia Taylor died in Jaanary,
1862, of apoplexy, arising, it was said, from a disease of
the heart. After her death the plaintiffs discovered that
the defendarita had insured their risk of the 3,0001. with
the Victoria office for a sum of 2,0001., instead of retain-
ing, as it was at tirst said they would do, the sum of
1,000/. to meet their share of the risk. The plaintiffs oon-
tended that the defendants bad, by their rv-418u1ssun for
the 2,0001., got rid of all their liability cu the 3.000/., mad
the plaintiffs refused, therefore, to pay the 1.0001. soured
with their office by the defendant.. be Victoria office
paid the 2,001 W. The defeedeats then commenced an action
at law against the plaintiffs to recover from them the
1,000/., end they thereupon filed the bill in this suit for the
pu7pcees above romati.n•L
Mr. Bacon, C.. and Mr. Disney semiarid for the plain-
' tiffs • and Mr. Italian, Q.C., and Mr. Kerslake for the de-
' feeth.ote.

The Vice-Chancellor said the defendants bad on the 10th
May, 1861, made a representation to the plaintiffs, as an
inducement to them to grant the policy for 1,0011/., dated
the 18th of that month ; that on the 15th the defendants had
abendoned their inteation to adhere to the representation
made by than on the loth, but had not informed the plain-
tiffs of that circumstance. The policy was, therefore,
viti►ted, and by the general principles of the law of con-
tract, the plaintiffs mum be held entitled to the relief they
sought by their bill, and with costs.

COURT OF 9ITSSN'S BINCR.—.I.N. 13.
Naar a Barteo.—(Before tke Lord Chid Justice Cock-
burn, and Justices Crompton, Blackball, and Mellor.)

THE QUEENr. VAT AND 111.71111CW9.

Mr. Pullen mooed for a rule calling upon the defendant
to show cause why as inform/Aloe in the nature of • quo
warrant* should sot he ironed to show by what authority
the defendants hold the office of common coo ucilmer of the
City of London. At the Last election of common council-
men far the ward of Bridge there were eleven candidates to
fill the eight vacancies. Mr. Alderman Abbias, the return.
leg officer, called for • show of hands for each of the candi-
dates, rod declared the two dafeodasta dal elected.
There were two qualification@ for common ooa so—the
fiat, the ancient :1W of the City making it • householder
within the ward and • freeman ; and the recent one eider
the local set. the 12 and 13 Vic., chap. 94, see. 5, making
occupation, or joist occupation with • rating of 101. to the
police rates, Ike., within the ward, together with freedom of
the City and being on the register of electors for members
of parliament, the qualifications. It was contended
that the defendants had not the secessary qualification.
Bale panted.

HARRINOTON r.
This was In action for negligence against as showy.
Tae phial me a Tsai wars. sad had sessioyed tis

defendant to conduct an action far her splint a man
Baited Marks far a breach of promise of marr The
plaintiff 'recovered a verdict spurt Marks, daemon 10131.
The neglect charged wee that by emitting to win j
she had beta deprived al . the !watt of her veld et edgessat
mtiwere in humble aresueetenose, sad the defendant
kTwea not worth " powder and shot." The defence
was that the plaintiff bad omitted to supply hint with
means; that although he had undertaken tot conduct the
case without funds from the plaintiff, yet that after having
obtained the verdict and found Marks had nothing,
he was not bound to proceed further on his retainer.
On Oleg part of the plaintiff it was urged that
the defendant asked for 251. from her when only W. or 41.
were sufficient to pay the neceseary expanse attendant as
the signing of judgment. The plaintiff told hint she had no
money, but led him to baileys Marks had. A wile was ob-
tained for a new trial in this tate, on the pound that the
verdict was against evident!, and that the demagog were
ascessive, the pay baying given 1031., the amount given by
the jet 7 in the breach of premise are.
Mr. M. Chambers and Mr. Woollett showed cause against
the wile ; Mr. M. Smith and Mi. Bewley supported the
rule.

_
Mr. Justice Mellor said the plaintiff appeared to have de-
rived some advantages from the defoodant's services, for
she had since got married. (Laughter.)
The Lord Chief Justice said it was to be hoped she bad
not got married oo the streogth of the 1001.
Mr. M. Smith urged that it wee not the duty of an at-
toruey to follow up a judgment without farther instruction.
He also urged that the ad roads wen excemive, for there
was no certainty that Marks could have paid the money.
The Lord Chief Justice—Possibly it would have beim
a satisfaction to the lady to have had Marks arrested.
(Laughter.)
The Court ultimately made the rale absolute for a new
trial

for the plaintiff ; and Mr. Coleridp, Q.C., and Mr. N.
Junes her the defendant.
The plaintiff, a foreigner, had origieally been a journey-
man baker ; but having saved a little money, he went Mt*
Wiliam at Deptford. la May last he was desirous of
ptting • better shop, and Ids attention was attracted t•
an advertisement in the Bakers' Pres Press for the sale of
"a penis* bushman, doing 14 leaks weekly, for 1001."
The consequence was that the plsintiff got into communica-
tion with the defesdant, and found that the busies= was
carried on in Mamma-road,
_Xile-eed Old-town. The
plaintiff's awe was that the daendset stated that he was
doing 10 seeks a week over the esenter, sad with private
enstoesers, except only • small quantity of bread that be
sold to two breed milers. The plaintiff thereupon par-
aimed the business, but be soon found that a great part
of the 10 sacks wu sold, not to private customers, but to
breed sells. ; and of course at a lower prim.
The defeedant's case was that what be bad stated was,
that be was, doing 10 seeks • with with private persons and
shopkeepers, mil that this representation was perfectly
true. In addition, a customer named Arne took several
sacks weekly, making the total business more than 14
sacks.
The jnry, after hear* 'video°, on both sides, found for
the plaintiff •
—damages 75/.