The Express.
London, England, 1863-04-27 00:00:00

lab) inttlitput.

,_.---..-----
SPORTING INTELLIGENCE.

THE YORK AND SALISBURY MEETINGS.

31MTROPOLITAN COUNTY Cr.t'F.T.
Sitting days appointed for the pleeeut week.
Wlerimerria, St. Ilarthir-lass.—llondsy, April 27 ; Tuesday,
IS; Wednesday, 29: Thursday, 30.
Maarizsuy s, Marylebone-road.—Wednesday, April 29 Thurs
day, 30.
L 1 30.
Whitehead's-grove—Monday, April Tues.
~,;d;,;71...-zign'33r3D4433333,0 •—TuesdAY. April 28: Wed.
Mitiwa33l.
1:1, Odwtreet-rosd.—Mouday, April 27 ; Tuesday,
28: Thursday, 30.
Moir, Bow.roa,L—Friday, May 1.
WarTtuilWelL. Great Freacet3street.—Weilnesday, April 29;
Thursday. 30; arlday, May 1.
SOUTH weaL Seran-strest.—Mcwiday. April ; Thursday, 30;
Friday, May 1.
Lartearu, Camberwell New-road.—Tuesday, April 123.
Grunniwica—Wednesday, April 29.
WootwlCH.—Thursday, April 30.
WAsumWolMi. eouthatreet.—Thrusday. April 30.
OTT or LorIDON, Ourldhall•bulldbiga —Wednesday, April 29;
Thursday, T : raturday, May E.
LOLAIDMAYOR'S COURT, Gain.., —Thursday, Aprillo; Friday,
May I; Saturday, 2.

TO TILS EDITOR or TER EXPRESS.
SlR,—Public running was pretty well indicated
by the result of the Two Thousand and One Thousand
Gainer" Saccharometer, Hospodue, 31accarom, o King of
the Vale having every right to finish before Blue Mantle,
Rapid Rhone, Count Cavour, and Clanor, to carefully
analyse their doings. Still, Hoepodar did not run up to his
last year's form, or in any way carry out his patty's opinion
of him, as Manual:a best him further than be did Valentine
in the Craven week, and with the line through the latter
they thought the winner was held safer by them than any
other hone in the race. it was palpable the ch-
man did not like the hard ground, and lirewas
surprising how King of the Vale struggled home ao
well over it, as be was not nearly so perfect as
the winner in condition. Sacebarometer certainly did not
look quite fit, but it roust be recollected an immense stake
has long been dependent on his winning the Derby, and it
would hardly have been policy to bring him out in the
highest state of perfection on Tuesday last, as it would be a
chance, in the hard ground, whether be could get through
the second preparation. He was fit enough, nevertheless,
to make his enemies uneasy throughout the race, and ran
eis well that be was a better favourite for the Blue Ribbon
after than before his defeat. Whether he will stay the
Derby course seems generally doubted, but I have no doubt
on that point, and think he will get over the mile and a
half at Epeom much better than the wiener, if he does sot
beat Lord Clif deo. Melrose, the solitary representative of
Whitewall, ran a bad horse, as did, in fact, all the York-
shiremen ; Rapid Rhone, Clarior, and Count Cavour
likewise , finishin behind the five Southern bones,
who were all Neg wmarket bred, only Saccharometer not
being trained in the ground for the actual race. Having in
the winter handicapped Saccharometer at tist 131b,Hospodar
at Bst 1016, and Blue Mantle, Rapid Rhone, Count Carom.,
lied Marker as inferior to the pair, my measurement of this
' year's throe-yew-olds has been carried out in the first great
levent they met in ; Maccaroni, King of the Vale, and
Melrose were " dark " horns at the time, and in my last
Marearriei wan put down as equal to the best of the above,
if I dared to follow his defeat of Valentine a fortnight
back. The One Thousand Guineas afforded another in-
stance of the correctness of my handicap of last year's two.
year.olds, on Lady Augusta was put down at Sat 61b
' Tornado, 814, and Cadean, 7tlllb ; Amelia, Gold Dust,
Carle, and Tease-me-Not being left out altogether, as the
handicap only ranged from Set 31b to 7st 101 b, and
these were ant good enough, in my opinion, to
be iocluded. Flying Fish, Marigold, and Crofton
Las there was no measuring last year, and the first-
named most be considered decidedly the mooed best in the
Me, if not the best, it being on the cards that distance will
prove to be her forte. In fact, if the Derby winner did not
run in the Two Thousand, that cd the Oaks seem. to have
figured in the One Thousand. The other events were of too
tame a character to require notice, as they said actually
nothing definite in regard to the Derby, and the only
Chester Cup animal that presented itself during the week
was Fantail, who bra tint to make her appearance at
York.
The York Spring Meeting, on Tuesday and Wednesday,
will be well worth assisting at, end there will be an interest-
ing struggle for the Great Northern Handicap, two
miles, although only Fantail, Dubliner, Picador,
Venison, the Young Melbourne colt, Queen of Trumps,
fladdiniiton, Adventurer, and Manfred have been backed
as yet, the latter having recently " gone out," owing to •
defeat in his trial. To choose from these it looks like •
match between Fantail and Lord Zetlaod, the latter gentle-
man having two strings to hisbow in Piccador and Carbineer
now that the rumours of the heavy weights break-down
have proved groundless. The Craven Stakes Comet should
secure, in the absence of the Derby horse Stockman ; hot ,
the Zetlankit is too hazardous to make • selection for ; and
the Mike MISS Plate is not a public IMO. The KlWlS-
mire Plate, with the Eglintou Stakes, on the second day,
Lord Stamford has Livingstone engaged is, and there seems
.thing good 'cough to beat him. The same colours will
also be very dangerous for the Losideshorough Cup, as
Bertha is extremely "well in," with Queen of Trumps and
Ace of Clubs also. The Flying Dutchman'a Handicap, one
sae and a quarter, General Hess has been reserved ter,
since the City sad Suburbia was decided, and he has
only the Senorita colt to fear appetite*, it being a near
thing between the two, es they run at about racing weights,
and the young can "split" Xsocaroni and Valentine in the
Craves week.
Salisbury, ma Thursday sod Friday, will not attract many
besides the local 'tables, espedsZy for the four 2-yrold
races only one of which, The Salisbury Stales, has a public
performer engaged of any pretensious, Tomfoolery having
run forward for a loog way in the Molly Carew at Epsom.
The Wiltshire and Loogust are the priocipal handicaps,
and these may be won by the Naomi filly (or Sycophant),
and Jades reepectively.—l am, ho. METEOR.

EQUITY COIJICTS.—Aran 25.
(Before the Lord Chancellor.)
COMFIT r. ANDERSON.
This was an appeal from the Master of the Rolls. The
question involved was whether the process of this court
could be effectually served is Scotland out of the juriadie-
tion of the Court of Moony in England,—the subject-
matter of the suit being in Sootland, and all the defen-
dants being resident in Scotland. The case was argued
MOO timetaince, and judgment postponed.
The Lord Chancellor now gaTeludgmeot, and said that
the question turned on the 2 William IV., c. 33. which
enabled the Court of Chancery to mire its process on any
persons within its jurisdiction who were out of the LT sited
Kingdom, and 4 and 5 Will. IV., c. 82, which gave power
to the Courts of Chancery in England and Ireland to serve
their process ou persons residing out of their territorial
jurisdiction, but it was limited power, end confined to parti-
cular kinds of suits. By the tenth of the consolidated order. of
the Courts of Chancery, and by the seventh rule, it was ordered
that where a defendant was residing out of the jurisdiction of
the court, on application to the court, and on its being
satiafied as to the pies where he was to he found, a copy of
the bill in a suit might be served on the defendant in such
place or country. This order, however, must be bounded
by the limits of the authority of the court, and it re-
ferred owl to each suits as were specified in the act of
4 and 5 William IV., c. 82. If, acting on this order,
the jurisdiction of the court was enlarged, its authority and
powers would be enlarged, and it might take on Wulf
authority w hit belonged to the courta of common law or
Divorce. The ceder which was made to Nerve the bill in
the present case on the defendant in Scotland we under the
circumstances beyond the power of this court, as the suit
was not one which came within the description of those
coatained in the acts 2 William IV. e. 33, and 4 and 5 Wil-
liam IV., a 82. It was Mid that this was
immaterial, as the defewdsat bad appeared under
; but although it was true this had
=done, and that he bad not moved to be dis-
charged from the process, yet he bad downed to the jurir
diestion of the court. If the defendant was resident in a
foreign country, and the snit did not come within the de-
scriptiou of those referred to in the acts above mentioned„the
demurrer ought to be allowed, and the only effect of his
appearance was to throw it on the defendant to show
that the suit was not such an one as came
within the jurisdiction of the court. Looking to the
circumstances of this cam he must give a decision in con.
curreoce with that of the Master of the Rolls, in the de-
fendant's favour, and dismiss the bill with costa
RN ran BEM= PRONTDENT FIZZ AND UTZ ALSORANCI CON-
PANT.-11 PASTE HOLZMAN.
This was an appeal from se order of Vies-Chancellor
Kinderaley, by which a Dr. Coleman had been placed on
the list of cootributories under the winding-up of the above
company. The ease was argued some little time ago, and
judgment postponed.
The Lord Chancellor now gave lodgment, and said that in
Jsaeary, 1852, the British Provident Company was desirous
of having transferred to it the badmen of the Diadem Fire
and Life Assurance Company. Dr. WWl= was a holder
of 200 shares in the Diadem Company, and was one of in
medical officers. Mr. Sheridan, the managing director of
the British Provident, was desirous of willies shies of that
company to shareholder, of the Diadem ; and be
bevies pressed Dr. Coleman to that effect, it was arranged
between them that in consideration of Coleman's tranafering
hi 200 shares in the Diadem and paying 1001., be should
receive 300 shares in the British Provident, and be appointed
wee of its medicaloffioers. Coleman was iodated by Sheridan
to execute the deed of settlemest of the British Provident
fee the 300 shares ; but he again stipulated that he should
become one of the medial officers, and should not be removed
from that office except for misconduct, which was woo iodic).
Sheridan afterwards endenvoured to secede from the agree-
ment that Coleman's appointment should be permanent,
and an angry correspondence mimed between them, in
which Coleman desired that his came should be erased from
the list of shareholders, and Sheridan agreed, by letter,
that the shares should be considered ea forfeited, and Cole-
man's signature to the deed of 'settlement be treated as a
mllay.
_There was no entry of them trsaiactiooa in
the books of the company except that 300 shares
bad been allotted to Coleman• but he emu never
reqaired to pay any deposit or reCeived any noticeof his
being a shareholder of the British Provident till the affair
of the company passed into other hands, and he received a
Weer in November, 1858, demanding payment of 6001. for
deposits and calls on 300 shares ; to which he replied by
denying that be was a shareholder. His shares in the
Diadem were not transferred to the British Provident,
and the cau naiad him rested only on his
signature to the deed of settlement. The date
of the winding up of the company was March,
1861, sad on his being plod on the list of oostributories it
was contended on behalf of Coleman that he should be re-
lieved from any liability, on the ground that his signature
to the deed 111111 obtained by the rmarepreuntation of She-
ridan as agent of the company. The inquiry now was whe-
ther the status of a shareholder was complete in Coleman's
case before the winding up, and that depended on
certain provisions of the deed of settlement. His
lerdahip stated at length the different clauses of the deed
applicable to the case, and maid that the conclusion to be
drawn from them wan that the contract between Sheridan
and Coleman, if it was binding in equity, which be
was of opinion it was not, was not within the power of the
directors, aid might be repudiated by the shareholder, and
treated as a nullity ; that Coleman was never a complete
shareholder, though he had signed the deed, as be had
paid nay purchase money, and had never
been seemed on the registry ; that the re-
gistry of shareholders was conclusive evidence
of the holding of shares by any person • and that if Cole-
man was a shareholder it was competent to the directors
at an extraordinary meeting to declare the shares forfeited,
which Sheridan had promised should be done, and that
Coleman should not be placed on the registry. He was,
therefore, of opinion that Colonise never was a shareholder
of the company in conformity with the provisions of the
deed, that there was no binding contract on hint to accept
the shares, mid that his name most be removed from the
list of contributories.
EX PARTS ?RAWL —BANERCPTCT.
In this case an application had been made to allow the
bankrupt's discharge, the commisioner in the court below
having felt a difficulty in doing so, because the bankrupt's
certificate had been refused some years ago. The case bad

been postponed for oossideratioe.'
The Lord Chancellor said that the ground on which the
commimioser hesitated to reverse the decision of his pre-
decessor was that the bankrupt had improperly
obtained credit from one of his creditors, in
not having handed him over a security, but had mo
the property which was to be the eecurit7 for credincris
bankrupt had linos, by his exertions, paid off hia creditors
and the mortgagee ; the property was now free sod subject
to the lien of the particular oreMtor io question if he was
entitled to it. He (the Lord Chancellor) had examined the
evidence to see if anything bad been done by the bankrupt to
render it unfitting that he should be discharged under the
now law of bankruptcy. He bad been unable to find any
such thing. but, on the coutrary, the bankrupt's conduct had
been creditable to him, sod he was of opinion that he ought
to receive his discharge.

001JAT OF QUEEN'S BENCH.—Aram 25.
Sittings in Banco.—(Betty Lord Chief Justice Cockburn,
and Justices Crompton, Blankbum and Mellor.)
=MN AND DTBIDUS V. TNN REV. D. JINIIMINS.

Tide was an appeal from the decision of certain justices
in petty passions at St. Austell, in CornwalL Oo the 3rd
of June last the rev. respondent preferred as information
spinet the appellants, ElantoolKirkin. James Hurtable. and
George Colonel, under the Vagrant Aet, charging that the
appellants, on the 7th of May previous, were found in the
respondent's dwelling-house at night for • certais unlawful
purpose, to wit, for felonioudy stealing and converting to
their own use certain provisions of, and beloogiug to, the said
respondent, and they were duly convicted and sentenced
to one month's imprisonment in Hodmia Gaol. The respon-
dent is the vicar of Gornto! in Cornwall, sod his house-
hold emulate of himself, his daughter, and three female
servants. On the night in question, after prayers at ten
o'clock, the servants retired to their bed-room, sad the re-
spondeot aed his daughter to their respective bed-rooms,
but having came to suspect that all was sot going on right
with his servants, the rcepoodeet and his daughter Game
down stoke again, sad kept watch. The appellauts.
the three servants, and the acboolmistrem of the village,
were found to be in the linen& bed-room, end about half-
pat 11 o'clock the respondent went to the bed-room door,
which he found fastened on the inside, sad demanded ad-
mission, bat it wan refused. They were greatly alarmed at
the sudden and unexpected appsneoe of the parson. and the
men being anxious to maps date tios and leave their meet-
hearts to brave the matter out, made a retreat the best way
they could. The *maim* Junes He: who wan wr-
yest to a gentleman in the neighboarbe effected his
a the bed-room window, leaving his bat, coat,
awrasola girTsautiad him. George Colenso, who was a police-
men waved, it was supposed, by the lobby door. On the
bads la the bedroom were the fragments of an entertain-
ment, ewasisting of the reran= of two peitr made of pork
and eggs, a pima of pork, tweed and bait r, part of • rhu-
barb tart, cope and roosts, ten auditor with tea in it, •
teapot in which tea had beet toads, and some cream and
ml(k. A ire had boon kindled In the bedroom, and two
tea kettle' were ea it. Bois of the provision were
the responds.* property, and it eras 'mourned the whole

TEE 'EXPRIEBB, MOlk".l)A'Y vN 14:NING, APRIL 27, 1863.

were. The appellants were there without the defendant's
knowlege. Coleus) had been paying his addresses to one of
the respondent's female servants for about three months,
but it was shown that he had not been known to visit her
at night, and Heatable was courting the schoolmistress.
The parson discharged his three female servants sad
forgave the schoolmistress, but proceeded against the
appellants under the Vagrant Act. It was contended
for the appellants that they were not on the respondent's
premises for an unlawful purpose as contemplated by the
act. The magistrates thought they were, and convicted them.
This case was thereupon stated for the opinion of the court,
and the question was whether the purpose for which they
were found guilty in going and consuming the respondent's
pprtoovisi against his knowledge and consent was an unlaw.
fell purpose within the meaning of the act.
Mr. Kerslake, Q.C., appeared in support of the convic-
tion ; Mr. Field for the appellants.
Mr. Kerslake urged that the offence with which the sp.
pollards was charged was larceny. It had been decided
that where a servant handed over the property of her
master to another it was as much • felony ea if the third
party had taken it.
The Lord Chief Justice—The difference here is, asking
the policeman in to have • piece of cold meat. (La'ughter.)
If that was a felony the magistrates would have enough
to do.
Mr. Kerslake—lt is • matter of serious consequence to
householders that servants should not be permitted to follow
these practices and get ascot free.
Mr. Justice Crompton said the evidence of felony was
very slight, and without that it was no offence.
Mr. Justine Blackburn said it mast be very petty larceny
indeed to bring this case within it.
The Lord Chief Justice said it was • troth impropriety.
The policeman ought to be turned out of the force and the
cook out of the house ; but it wee • different thing to pro-
ceed against the man under the Vagrant Act.
Mr. Justice Crompton—Might it not be that the refresh-
ments were incidental to the love-making! (Laughter.)
They go to see their sweethearts, and take a little tea. Is
it to steal the victuals when the main object is affection!
(Laughter.)
Mr. Kerslake—Festive the affection is induced by the
hope of having the victuals.
Mr. Justice Mellor—Two of the men were eourtinf, and
it would appear the policeman was present to see fair play
between them. (Larghter.)
Mr. Kanlake—And started off without his hat, coat, and
boeta.
The Lord Chief Justice—No doubt he was conscious of
having acted with gross impropriety.
Mr. Justice Blackburn said, common sense revolted against
calling this • (slimy. It was very difficult how to draw the
line.
Mr. Justice Crompton—lntention is a material element
its felony. The question is whether these men did not go
to the respondents' house for love.
The Lord Chief Justioe —Can you say there is any animas
furatidi in the cook's asking • tea party ? It is no doubt •
gross impropriety.
Mr. Kerslake said it was different when it was done in
bread daylight.
The Lord Chief Justice—l doubt if it could be done then.
There would be great difficulty in smuggling a policeman
into the house in the day time. (Laughter.)
Mr. Justice Crompton thought the clergyman could not
take much credit in carrying the men before the magis-
trates and giving them a month's imprisonment. They
would have got off much better before a jury.
Mr. Kerslake said surely their lordships would not hold
that •butler would be right in having in friends and con-
sinning his master's best Madeira and port.
The Lord Chief Justioe—Certaialy not
Mr. Justice Mellor said there was strong evidence that
they went there for the refreshments, from one escaping
without his hat coat, and boots.
Mr. Field having been heard spinet the conviction,
The Lord Chief Justice said the conviction must be
quashed. The magistrates were asked to find, by the infor-
mation, that the men were on the premises for • felonious
intentioe, bat they had given the go by to that and had
found them guilty only of being there for the unlawful pm,
pass of oonsuming the provisions. He did not say that that
was not an unlawful purpose within the meaning of the act,
but that was not the question they had to decide.
The other learned judge concurred.
Conviction quashed.

NAVAL AND MILITARY.

RoMIItAIRV, Aria 25.—ArroDermarre. --Capt.
R. Lambert to the Liverpool, commimioned.
Commander C. J. Rnllook to the Pinion'.
Lieutenants IL Ht. J. de Robecklo be flag-lieutenant
to RaarAdrairel Yelverton, C. 8.; C. R. Tockey to the Blen-
heim; and G. G. R. Rattray to the Colossus.
Masten J. Y. F. Warren to the Edinburgh ; H. A.
Moriarty to the Marlborough ; and W. P. &amid to the
Ravens.
Surgeon F. Nagy to the Implacable.
Midshipman H. C. Aitchison to the Victory.
Aisiatant-Clerks H. C. W. Gilson to the Victory; C.
Farwell to be additional to the Leander; F. D. H.Whiddon
to be additional to the Hershman; G. D. C. P. Morrie to be
additional to the Curacoa; and L. J. Potter to be additional
to the Rattlesnake.
Assistant Engineers J. D. Lamont to the Cumberland, aa
eupernuinerary; W. Ball to the Jaaeur; W. Fenton (A) cod
G. Edwards, from the Revenge, to the Edgar, for itervioe in
the Trioculo.
Mears H. F. J. Wyatt and A. Nicholson have been no-
minated to naval cadetships.

PORTSMOUTH, Arm 26.
It is reported, on good authority, that the iron-
plated quadrat' will proceed to Bermuda as soon ea ready
for sea. Ths squadron comets of the Warrior, 40, screw
frigate. Captain the Hoe. A. A. Cochrane • the Black Prime,
40, screw frigate, Captain J. F. B. Wainwright ; the
Defence, 16, screw tam, Captain A. Pbillimore ; and the
Resistance, 16, mew ram, W. 0. Chamberlain.

WOOLWICH, Ann 26.
The ancient state barge and shallop built at
Deptford Dockyard in the reign of Queen Elisabeth, and
which have eines remained at that establishment, having
been repaired and redecorated by order of the Admiralty,
were forwarded up the river a few days since to Teddingtoe,
and will, it is stated, be removed to Virginia Water. The
barge, which coetains a spacious saloon, ea., ham be fitted
up an excellent manner, and was rowed hy twelve of her
Majesty's watermen. Whilst under repairs at Deptford,
this interesting specimen of ancient naval architecture
excited much interest, and by permission of Captain Super.
intendant Chad., artiste connected with illostrated publica-
tions were allowed to take sketches of the malt, the timbers
of which, notwithstanding its age, are in a sound condition.
Rover. Anannitt.—About lOU additional bands were yes-
terday discharged from the gun factories, and notice has
been given of a reduction in the royal carriage department.
The war department has ordered a firs escape to be provided
for the Moral Arsenal, to be placed under the care of the
police on duty et the establishment.