The Express.
London, England, 1855-06-04 00:00:00

SAW inttritgence.

lUSTROPOLITAM 00171411 OMITS. I
Maas days aseara9 ler Ws peasant week.
woausaa. ta. limUumasza.—Sakr• yr. F. 11•310.—Turaday,
Juris 3 ; uradenday, a ; Tharalay. It Friday. 11.
UMW)" IgibseaL-21kfte xi. L. adoisauL—Mooday, June
4 ; latria„ll; WIli; IlessAionilay, 7 ; Friday. a.
Curaazawaa. Mr. Sarjraut 11. O. Janis.
—Tr,. Juas a: !_ ..jittalit
y. Jo, usa , sorioud misalig....
Taarily. Joe 4; Thrsage, T.
Istresemis, Sauaatratt.--119104 Ilr. 0. Clire.—Rodusiday, Sum
S ; Ilarelsy, 7 ; Friday, S.
Larmers Cituaberwell Netravad.—Baiore Mr. S.F. Taylix.—Tairt•
&gismo 3; Malaralay, L
Wasaiwaani. Satitlitrees—Bdore Mi. 3. F. Frarar.—Tburiday,
hair 7.
Carr sr Lwow, OuSdball.buildiaga—Defars Mr. FL Ousay.—
Raistalur, Suas B. Friday. II ; Saturday, 9.
---

EQUITY COURTS.—.Ttna 2.
win. TB. WIGS /MI MI It AIPTIAL.
ITII7IOII O. YIN ILATIAN ONION ZAILIVAY COMPANY.
Their Lordships delivered their judgment upon the ap-
peal viatica from an order of Vice-Chancellor Wood, grant-
ng an injunction in tbis cath, and alto their decree upon the
general merits of the cause, which was, by arrangement,
not dowa for hearing before them, together withby the appeal
asot,on, early in May last. It appeared that an set of
the company, called the Eastern Union Amendment Act
(18.50), the company, after being empowered to create new
shares, were directed to apply de theme of the company,
am,..og other purposes, to pa:, mg the dividends anon certain
preference shares in the company, created in 1849, and after
them the dividends upon the ordinary shares of the com-
pany. The pretenses shares of 1849 bad, Bewared, bees
created by resolution of the oompany, and were guaranteed
to receive sit per cent. interest in perpetuity. In 1853 the
company procured a further let to be passed, the preamble
of which stated that there were no funds to pay
interest or dividends on the preference or other shares
of the company, and it was thereby recited that the company
were willing to redeem at par the preference, shares, and it
was then en
that preference shares might be redeemed
by payment of 1091. for every there of 1001. nominal value
with interest at 4 per cent. on such redemption money
intifffrom
the pawing of the act, via., Augnst, 18.53. The pla,
Mr. Starer, and others, in their character of 6 per cent.
preference shareholders," reels:mid their shares en these
terms ; bat as they had not been paid their 61. cent.
interest upon inch shares later than July, 1850, they claimed
their arrest of intend from that time ,till the month of
Aegust, 1853. when the redemption took place • the act of
August, 1863, having provided that nothing ' therein con-
tained should prejudice any previous right to interest
or dividend on preference shares. The main ques-
tion before their lordships and the Vice-Chancellorof
was whether, according to the true construction
the set of patliament, the holders deeming their
preference sham, who were represented b rey
Mr. Stasge,
suing, as plaintiff, on behalf of Mewl( and them, were
well founded in their claim. Their lordships refused
the appal motion with costs, and directed a continuance
ot the iajui coon which had been ordered by the Vice-
Chaneellor, restraining the company from making a divi-
dend among the ordinary shareholders until the plaintiffs'
demand was paid ; and by their decree upon the hearing
they made a declaration to the effect that the plaintiffs' title
to *hat they asked was well founded, subject, however,
sad without prejudice to the question whether the plaintiffs
to any of them had or not, by contract with the company,
loth or deprived themselves of any title to the benefit of the
suit.
The Solicitor General, Mr. Selwyn, and Mr. L. Webb
appeared oa behalf of the company, tosuppoort the appeal ;
and Mr. Bolt, Q.C., and Mr. R. Hawkins for the plaintiffs
contra.

1111011 Tall LOZD OIWICILLOI.
The only cue heard before his Lordship was tho fol-
lowing :

sttl 4011 X V. HANCOCK.
This was an application praying that a writ of mire facies,
whisk bad bees bunted to repeal a patent relating to India-
rubber malinfinlture, might be quashed, on the ground that
the riseltakis dm writ were improperly made, the amnia-
catkin se set out being different, and embracing much more
than tko deposit paper on which the Attorney-Oeneral's
ilot semetieeing the patent was *btained. The application
vessesred es dm pease that it was open to the defendant
or te ems* specielly to the writ as Wormed, and
it was arg.d that the melee was made only for purposes of
delay, the defendant bowleg sigiemed Mleis issue, 'nu the
prompters therefece Win is $ gesillties to sign judgment
on Monday neat
Mr. Webster and Kerslake, of the common law bar,
and Mr. Kerslake, of the equity bar. appeared for the
motion; Mr. Bolt and Mr. Ilindmuch, of the comma law
bar, were on the other side.
The Lord Chancellor said that a recent statute of 12th
and 13th Victoria was enacted for the purpose of giving to
the superior courts of common law jorisili:tion in matters
in which the Lord Chancellor aad the blaster of the Rolls
only had previously jurisdiction, and with which the courts
of common law were much better fitted to deal. The quer
tion now brought before him was one of pleading, and just
one of those to which he thought the statute was intended
to apply ; sad as he thought the application ought to have
been made to a wart of common law, which was now come
patent to deal with it, he should refuse em motion and refer
the parties to their remedy is a court of comon law.

is J. ervAsT.

- -
JON'S O. ZOOS.
The plaintiff in this case, who was one of the original!
directors of the Kaherville Gutless, and some of who;,,-.
shares had been forfeited, on account of the nonnisteet
of calls made on them, by this bill against the directors
and proprietors of the gardens charged that moma of the
directors were not properly qualified, and asked that their
acts and transactions as directors might be declared invalid,
and sought to have the forfeiture of his shares set aside.
Mr. Selwyn appeared for the plaintiff, and Mr. J. U.
Palmer for the directors, who were all the defendants, ex-
cept one.
Mr. Whitbread appeared for one defendant, who was a
shareholder, and made defendant as representing the inte-
rests of the general body of shareholders.
After hearing the counsel for the plaintiff and the defense,
the court rose. The am will be resumed on Monday morn-
ing, when Mr. Selwyn will reply for the plaintiff.

COURT OF QUEEN'S BRNCII.—JuNE 2.
ammo 111 111A1CA-11.117011 WILD WeSILL. MID 117611C111 COLN
NW; 111.1, AND CIIMIPTON.
GILD e. 10811 Ne.-41131,1112111.
The WY an ashes kir a Welsh of metre* on a charter
=under whisit the delemieet emiegisk to go to
or memetheelesimaperto eel there Mks in • cargo
Omits* he the p' The dahlia* pleaded to the
desientles that be bed ewe Si Odessa, bet that before the'
for takiag 11 the serge bad slapped hostilities had
out between lhigiand and 3essla, and there bad
bees a formal deelardiem of war between the two countries,
which rendered ths peethereee of his matraet impossible.
To this plea the *WM demurred. The arguments by
hiradaly Is mope* et the demurrer. and of Kr.
Willa agetwitslalzrees Meet yesterday, when the wart
le* thee%
leed thimpbell sew delivered the judgment of the court,
who wen espied* that the plea which had bees demurred
to was a good plea. It avowed that both the plaintiff and
defendant were British ester; that both had notice of
the dederallea of wet bates* the Queen and the Emperor
of Ewe* Wen the Avg breach of contract ; that the
defoggers eh* wee a 'Wish registered ship ; that no
license beaker Kajesty add be obtained for allowing the
ship to load at Odessa, awl that the defendant could not
have premed, nor mid the delemilset have
My
a
carp. Tlw were et *pleathat the metraet had bees
elissehei Wire there had been tag bomb of it on the part
el the athedent, se whitest my yervithe default an his
=Me premises* Othetheas=ble. It appeared to
thth the debedleth bed blithe of all blame.
et be negatived the setempliee *at haters the deelaraties
et war he weld bath peethied the arm eel that shut
mar bed bus altered ft mead hare bees passible for his
to have pet It ea board the nisei It was the duty of
*0 dehedeet 1e sake be escape before war had been
themely dogma. Jiggles* 'meld therefore be for the
.ththehat.
dedgment accordingly.

PLISOXII 11.
UM 'ram u aid= ea s beaker's =nee, sod on an
esteem mated, I. whisk the isdeadsat plaided that the
v....1ad besab=ladepteat ofitathrm lost
it at
4 ota
id, *et Ms ish=awle was a minor,
set the et a pabis blated-esem, and they sew
pd. et whisk Ms dedralest lost Si. er W.
10=0 WNW. with =dm eassita, bat
icidemd, the aelimeeot tam& he bed bet M. 14.., for
ieblidi lise a Asps mei his 1 0 U, width were the
euidesl mama. These wee no imputed= el =AM
'ley. At the Mel. tat leaned ledge left it Is ths jery Is
say whether the messy bed beau woe et =Nerds, and if
they did. direst= =ea Is led • wad= be the defendant.
They bead he 111 i s aikatisat, sad hems wee fillifVOtt ill
nine the *a sent • ode yes ealoolusefly
abides/ab le
ems a meediel he She plelell. ea the pease ee•
Ow*, sliest bolsi le sake dhs sat =lather mosey wan
at iirils wessesseseehis.
lb. Ulm. is &swig eases epalait dm tuts, =Mad=
that mosey hat es Nam= we meleseresealie, emi that the
plasmas ea laswes WU 01101110, ISlNlOryisse at play .meth
sex ashes the deseit si ham, be seeeverea.
1111•=1. dill MN Ilk Ilea list Ulan& wee a
glue est ISM whits ime poetise of the la*
ash et lbe Ilk end flk el Vic, e. MA dish seabed II
beet be leased mem le osalalbele le a emus lark W
.be MANI ewe is Ihe gloom
'heist laihmesei el the semshrium of the lama=
meemsers empmeels
appal if ll= theyy. wield hear Mr. Collier, la
tie smle. ea Illemdla
BAIL COURT.—JUNI 2.
mammas ea NM IMMINAyMPOMM Ma. norm InomillAN AND COMM

LIMA= LIMNS AND 07Z1211.-1701/PAINI AND ANIMISM
YANANNIISNA Mar Asa Xr. &main a•mayd foe the
at•Jaat elm sad 114. Chuasek tar *a
The Iris la sodas treacle to mom •Guipmenadia
daptamptty rad s kr • trows and _salt.dadmilsaislissied
ra • likaiiss.
TM S.I II kopp4iO4 was • sew-kwpg is 4 klyy