The Express.
London, England, 1863-05-26 00:00:00

THE EXPRESS, TUIsSO,t'Y EVENING, MAY 26, 1863.

sheep dogs or collies, as they are termed, are very
numerous, and are considered to be splendid
specimens ; but although the Newfoundlands are
strong in number, they do not appear to be either
so fine or pure in breed as on some previous occa-
sions.
That the sporting nobility and gentry of sag-
land have entered earnestly into the matter there
can be no doubt, but it has been felt to be desirable
that in all future shows, of which this is the first
of those to take place annually, the number shall
be limited to 1,900.
It should be mentioned that there is also a
poultry show attached to the dog show, in the
same hall, and that it consists of about three
hundred pens of the choicest birds in the kingdom.
The general arrangements have been carried out
under the direction of Mr. Sidney, the secretary,
and Mr. Bird, the clerk of the works.
It would be difficult to say whether the " can-
' tus " of the cocks in the poultry show, or the
" ulul.stus " of the whelps in the dog show, make
the most disagreeable noise ; but most certainly in
this instance the discord does not produce coneord,
and the visitor to the Agricultural-hall, particularly
of the Dr. Babbage class, will not join with the
ancient fabulist in the opinion, that it was a wise
provision of nature to get " two ears," but will
rather with his "one mouth" energetically call
down a "plague on both their houses.

SPORTING INTELLIGENCE.

TAITKRSALLS -MONDAY.

Notwithstanding the heavy accounts there were to balance
on the Derby and Oaks, never perhaps did the process of
" squaring " proceed more satisfactorily on those great
events than on the present occasion. The muster of
members was large even at an early hour, and whether
paying or receiving the same spirit of hearty good hu-
mour seemed to pervade the general body of subscribers.
As usual, the adjustment of accounts will extend over
Tuesday, when it is anticipated an "easy" settling will be
the result. Betting was at a stand still during the more im-
rrtant operations of the day, and only at the close did we
ear of any transactions in that way, 40 to 1 being taken
about the Calists colt tot the Derby, and 7 to 4 to some
money about Lord Clifden for the grand prise of Paris.

RADCLIFFE RACES.—MoNDAT.

THE Hilmar PLATE of 5 Km, with 25 added ; weight
for age ; 811iea and geldings allowed Mb. One mile and a
quarter.
Mr. Osborne, Sweetcake by Sweetmes4—Krn Birch, 4 m,
Bat fib (Whitley) 1
Mr. hiasternmes Honest John. 3 yrs, 7st lib (W. Martin)
Lord Wfiton's Herdsman. 37Ts, 7st (Williamson)
Betting : 13 to 8 on Herdsman, 2 to 1 apt Honest John,
3 to 1 apt Sweet:ate. Woo by a neck ; half a length be.
twee. wood and third. Honest John and Herdsman roan
oat, and the latter broke a stirrup-leather besides.
THE BILLING SABI/MAP Of 5 earn each, with 25 added ;
wino= extra ; the winner to be sold for 25 noes. Once
round end a distance.
Mr. T. Cliff &Queen of Maw, by King of Tramp—Meld of
Newton, 11 yrs, set Sib (Kenyon) w.o,
THE Wiltron Car (Hendioap) d 50 ranee , added to a
sweepstakes of 5 sows. sub, 3 ft; winners extra ; second to
sere him stake. About one mile and a half. (15 subs.)
Mr. B4rbee:s litelqAlice, by Sweetmeat—lady Gay,

_
Spanker, 3 pa, tot 7115 (iLeaymi.) 1
Mr. Oaborne's lanfaron, 3 yrs, On alb (Whiteley 3
Mr. liagernsann Honest John, 3 pre, Est Mb (W. Martin)
The following elan ran •. Mambo and lazy Boots.
Betting : 7 to 4 eget Fashion, 11 to 4 apt Marmion, 7 to
2 apt Jack's Alive. Won by • heed • a length between
woad and third • the other two blat;e aff.
• •

Tax Salm Pais (Handicap) of 80 mom; winners antra.
About thrao-partais of a mile.
Mr. Osborn* s Flytrap, by Flying Outelunan—Birdtrap,
4 Tn. 'lst mb (Whiteley) 1
Mr. Whittaker's David Ann, 6 yrs, Tst &lb (Church) 2
Mr. Ambery's 131.seltlyed !Mien, 3 yn, Ost Mb 3

Betting aimed at eto 4 cm irlitnip, bat doled at 6 to 5
on David Ann, and sto 4 apt Plyl.w. Won by • length ;
two kettle between mooed sad third.
TEM HILTON PAIL HANDICAP Of 5 mom each, with 30
added ; winoara antra. One mile.
lir. B. Walker'. Colonist Crockett, by Bine=
M. Philippe. 6 yrs, tat
Mr. T. Clig's Perthnand, E yrs, tat Sib
Mr. Cobarn's Captain Knight, 6 yrs, get 71b
NEWCASTLE-ON-TYNE MEETING.

ao—ewer to
S(*iallanidfogi 1
(Lomas) $

AcciprANcis son ilill NORTHUMIZILIAND PLATZ of 200
son., &Mad to a bandioap sweepstakes of 15 sown each, 10
ft, and ooly sif &viand, Ito. ; arum= atm. Two mils.
(52 subs, 15 of whom darad, and 3 did sot mama)
Carbineer Ate ' 111 Y Prologue Age a Ito
6 4
Caller On
Adventurer
Cape Flyaway
Oldralnster 6 3 Bohemian
Harlington
—... __. t ! loco_ . ! 0

Brilliant 6 8 0 Michael Scott
tain Crow
Brighton 4 7 6 Rubin' lt 612
The Monk
Stanton

Lothians' King s 7 3 Trust
Doefoca
Polynesia
?ILA 4 6 9 Atka
_ -

iby Nadel (YamahaCharialag .... $ I 9
—Birthday 4 6 9 Prairie hicorys
Weatherwtse 4 . 6 8
- .

Accopissoss declared May 2:3, at seat.

CRICKS?.

THE ALL ENGLAND ELEVEN v. THE UNITED
ALL ENGLAND ELEVEN.

This annual match at Lord's Ground, between
the two Elevens of England, for the benefit of the
Cricketer? Fund, oonimeoced yesterday. Tile weather woe
Gee, bet • cold N.E. wind prevailed ; nevertheless, shout
6,000 spectators attended, including • somber of occupants
of carriages. About half-peat 12 o'clock "play" was called,
the United Eleven winning the " ton," electing to go in
fiese, Jackson and Whither starting the bowling. Car-
penter was the first to make • stand, and marked
26 in his usual wen-known style, comprising • five
and three fours. Griffith scored 13, in which were'!
• three and three twos. Iddiaon is much improved as •
batsmen, and his 24 were wall go ; arsons hie figures
were three fours, • three, and a two. Lookyer
carried his bat out with 14, in which were two threes and
two twos. The total amounted to 109, of which 20 went
t_o_2yai," the advantage being takes of the state of the
time,which wee very " bumptious." Tarrant bowled
relieving Whither. The innings terminated at
twenty minutes past two. The wickets fell thus:—One
for 0, two for 6, three for 6, four for 12, five for 16, six
for 45, seven for 56, eight for 86, nine for 101, tee for
109. The betting, before the game commenced, was about
6to 4 on All England. At twenty minutes to three o'clock
All England began the batting against the bowling of
Atkinson and Griffith. Hayward gained 30 in good style,
in which were three fours, a three, and • two. J. Cow
added 15, is which were two four. and • two, Wisher
being sot oat with 9. No change is the bowling loth place
till the hat two wickets, when Grundy weed on at Atkis-
son's end. The innings closed for 92-17 in a mito:1„,
The first wicket fell for 3 ; second, 12 ; third, 19 ; fourth,
26 ; fifth, 52 ; sixth, 80 ; seventh, 66 ; eighth, 69 ; ninth, 75 ;
tenth, 92. Both sides Gelded with their usual ability, bat
the ground wee bard, and the wickets very indifferent ; in-
deed, la much so that the wicket-keepers oe either side,
instead of keeping near, kept away from the wicket, fearing
the inconvenience of the ground- The United Eleven com-
menced their second innings at 6 o'clock, and had only lost
one wicket for 47 runs, the following being the state of the
soon when the stumps were drawn for the day United
Eleven, 109 and 47 ; All England, 92. The match wee re-
sumed this morning.

MaNutter/2n SUNDAY &MOM. —The annual
procesaioe of Sunday schools hr mmeezion with the esta-
blished church at Manchester, took place on Whit Monday
(yesterdsy), an usual. The prommea would probably
number from 12,000 to 15,000 gnaw The weather was
toe, and unusually favourable. An immense number of
people coogrep, in the streets to witness this anaeal
display, and for upwards of two hours considerably impeded
the business trams of the leading thoroughfares. Whoa
the waggons and canines which accumulated at the ends
of streets, began to move again, the usual misfusion and
danger resulted to pedestrians, and we regret to learn that
a bricklayer was thrown down at the sad of Fountain-
street, the wheel of • heavy waggon peeing over his neck
and hint instantly. The elder chilebea, to the aara-
ber of about three thousand, attended envies at the oaths.
deal church. The sermon wan preached by the 1t.,. L.
Shadwell, reeler of Middleton. _

Inuitarow rwier.taY Sewooz..—Mr. F. 8.
Aldhouee, from this school, has just beam fleeted ton °pea
Ilsobride Scholarship at Magdalen Hal, Orford ; and the
Rat. H. M. N. Wilkinson, fellow and mathematical lec-
turer of Trinity College, and formerly • pupil of the seam
school, has within the laid few
sunning &clasher appointed Mods-
!star for the year at Ora
Coluntury or Cosenwenomr.—The following
communication tram Albs G. Challaway. Taq., the enstseut
of Laoalesier, trades to the ussqsalled eSescy of Dr.
de imp's Lot-Bran Cod Law au to the care ol coesavep.
Boa :—.• ilas kw sane Mrs extensively used Dr. de Jeagh s
Leht-Brows Cod Leer Oil, both In public and private practice,
have no hesitation Is slafOK that lie effects are very far wipe-
rice to those of say ether eod liner oil. Nearly four yarn since
two use. of ecellrined 010111.113pilon ware pniced under my are.
In both, the lungs were a ram of tobercuW depodt, and every
pearibie sound to be heard In phthlels was present The eels
remedy employed wee De. de Joggles Leht-Brewa Cod Liver
Oil ; and now 11/ely the patient, are strong sad tat: the dissassid
rzanasounds nearly Inaudible sad la one ease *ski
la 4 awd thootiod freely todaletd le, r=
expressing himself quite ping: of endeseeler as such as say of his tellow-apereaten."— Dr. de Joaatt's Lehi-Brow.
Cod Lear W la sold only In capenled Imperial half pleth
ie. ; plata 4a ed.. quart. ea, by his sole eoseigneee.
yarded. —
earl Os,, 17.
to etraed. Lanese ; by improbable
ilhembralithieinersen

NAVAL AND MILITARY.

ADIMILLTI', MAY 25.—ArpoINTMENTS.—Lioute-
cants W. D. 1). Selby, to the Cumberland; G. G. Duff, to
the Fir; H. F. Cleveland, to the Resistance; sal W. J.
&Aisles% to the Orlando.
Sub•Lieuteuant G. W. Osmond, to the Edgar.
Muter 1). Jago, to the Saturn.
Surgeon Dr. G. Moore and T. J. Breen, to be additional
to the President, for the nand reserve.
Engineer E. Daniels, to the Cumberland.

NAVAL AND VOLUNTEER REVIEW AND
SHAM TIGHT AT SOUTHEND.

From an early hour yesterday the usually quiet
locality of Southend was the scene of great activity and ex-
oda:neat, in consequence of the large number of visitors
who arrived by each successive train on the London and
Tilbury Railway, and also by steamboats, to witness the
spectacle of an attack by a naval squadron and Royal
Marines against a defensive force of Volunteer Artillery,
Engineers, and Rifles. At 12 o'clock the 3rd Essex Ad-
ministrative Battalion of Rifle Volunteers, under the com-
mand of Lieutenant-Colonel John Coops Davis and Major
Octavius Coops, marched to the parade ground fronting the
Ship Hotel, protected by its excellent regimental band of
sixty performers, and a series of battalion evolutions, which
occupied about on hour, were carried out by the faros, which
comprises the following corps, viz. :—lest Emma (Bamford),
Captain Champion Russell ; 2nd Essex (Ilford), Captain-
Commandant William Cotesworth aod
Harvey ; 3rd Essex (Brentwood), Captei?lattial7l;l7l:llll..esbel:
(Sord), Captain Arthur Fawke ; 15th Essex (Horn-
church), Captain Peter E. Pearblock ; 18th Essex (Chipping
Osgar), Captain Philip J. Budworth ; 19th Reser (Eppieg),
Captain Loftus W. Arkwright ; 21st Essex (Brentwood).
Captain William J. Burger ; and 24th Fret (Woodford),
Captain Coinroaodaut Cleave Noble. At the termination
of the evolutions this battalion marched to Cliffs-town,
which was the great centre of attraction, and the vast
extent of open ground immediately adjacent to the heights
facing the sea was thronged by immense multitudes of spec-
tators, the most excellent arrangements having been made
for the safety and accommodation of the public. The de
helve artillery force to resist the landing of Royal Merinos
consisted of two 40-pounder Armstrong guns, which arrived
from the garrison at Shoebnrynese in charge of • detach-
meat of the depot brigade Royal 'Artillery and the West
Essex Yeomanry Aitill under the command of LMut.-
Colonel Geo. Palmer. The guns of this regiment, comprising
six 6-pounders of the smooth-bore pattern, were placed in
excel sot position immediately on the summit of the cliff
facing the point of attack, the officers in immediate com-
mand of the battery being Captains S. Bolton Edenborough,
J. Jessop, and Lieutenant Rdenborongh. The two forty-
pounder Armstrong guns, each drawn by eight horses, took
op a position on an elevation considerably to the rear of the
six-pounder battery, these guns being supposed on account
of their superior range to combat the attacking squadron
when far out from shore. At half-past two o'clock the
entire volunteer force bad assembled on the ground
and formed in review order, comprising, in addition
to the 3rd Essex Administrative Battalion, the fcd.

lowing oosjs, via—the 15th &sex THeybridge)
Volunteer iSa laser commanded by Captain Edward
Hammond Bedell ; the let Administrative Batta-
lion of the Tower Hamlets Rifled, commanded by Lieut.-
ment-Oolauel C. Buxton, and comprising the 3rd (Spiel-
fields), Captain Commandant Sir T. F. Buxton ; sth (bille-
ted), Captain G. Z. Ladbrook ; and 10th (Bile-end-gate),
Captain Davies ; the 38th Middlesex, thiptela Commandant
H. W. Phillips • detachments of the West Middlesex,
London Artiots', and other metropolitan corps ; the 6th
Beam (Plaistow), Colonel Commandant Charles Capper ;
the 22nd Bret (Waltham Abbe), Captain William Leek ;
and the 23rd Essex (Beldam), ten James A. Hamilton.
The reviewing °Boers, Colonel .M. P. Wlitudo, C. 8.,

lospeetor-Gmleral of. Volunteer ; Brevet Liaiteraat:
Colonel C. P. Ibbetson, assistant inspector, and staff, was
received with the usual 'elute by the entire line, and the force
subsequestly marched pest, and carried out various battalion
evolutions. Shortly after three o'clock the meet interesting
portion of the proceedings of the day commenced. A
squadron of five steam gunboats, stated to be the Bullfrog,
the Snipe, the Louis, the Herring, and the Magnet, were
seen rapidly approaching the Southend oast from the
opposite shore ; the bugles of the volunteers sounded the
"ism ; an excellent disposition was made of the resisting
force by the commanding officer, end each of the guns was
well manned and ready for action. The attacking squadm n,
having got wall in position fronting Cliffs town, opened
a terrific fire, which was well responded to by
the batteries on shore, and during the cannonade,
under the protection of the guns of the squadron, a faros
of about 300 rank and file of the Royal Marine Light In-
fantry, under the command of Cloptain Butcher, left the
vessels, and were rowed rapidly in smell beats towards the
promenade at the bottom of the cliff, by seamen of the
fleet. A landing was effected in gallant style, under the
superintendence of Vice-Admiral F. W. Hope Johnstone,
commander-in-chief at the Note, who had charge
of the squadron, and Capain Butcher, of the Marines.
Arrived on terra firms the attacking force formed, and
reach the level plain by advancing up the
prepared to
Their promos was, however, opposed by the volun-
teers. who had thrown out a party of skirmishers, who
were supported by a line prepared for volley firing
which was carried out by the right of meanies. The reliant
Royal Marines at all hazards continued to advance, and
with some difficulty ultimately reached the summit of the
cliff by means of a bayonet abase, rushing up at various
points of the declivity, and re-forming, in spite of all oppo-
sitioa, on the plain above. The volunteer skirmishers and
advance force retired to the main body, and the Royal Ma-
rina advanced in direct eichelca at oomperdes at quick
march to the scene of action. The attacking force then
oaf routed the entire line of the volunteer army, sod a very
brisk series of file and volley firing was kept up for several
minutes. The volooteen subsequeatly changed frost, the
battery gnus were brought to bear upon the invading force,
and after various other evolutions of attack and defence
the bugle sounded a retreat, and the Royal Marina retired
to their boats. The proceedings terminated about hell-past 4
o'clock, and the several oorps of volunteers ha* formed
into arguers were addressed at some length by the can-
mambas officer, Colonel WM urdo, who, in addition to his
staff, was attended by Colonel Gordon, of the Royal
Artillery, sad other offiters. The gallant' colonel observed
that in consequence of the limited epos at the point of land-
*. It had been found necessary to altar the arrangements
as to some of the evolutions. He was highly gratified with
the satire proceedings of the day, and considered it was
important that the volunteer force should become practi-
cally acquainted with the beet means of coating an enemy.
He was pleased to find that the whole at the corps preesat
were in a most efficient state ; and he must, in the name
of the volunteers, return his sincere thanks to the gallant
admiral, and the offices; and UM of the gallant of
Royal Marines, by whoa kind satistance the proceauop
had been brought to such a successful termination. After
hearty cheers for Colors' Mlturdo, the large force then
retired.

Sato Nuttiligacc.

EQUITY COURTS.—MAY 25.
(Before the Master of th. Rolla.)

IN RI TON ANGLO-DANUBIAN STRAY NAVIGATION AND COL-
LIERY COMPANY (iarrram.)
This was a petition by ler. Northern to wind up the above
company, which was established in July last for navigating
the riven Danube and Sere, under a concession from the
Servian government, and for the purchase of certain coal
mines at Debra, on the Danube. The nominal capital of
the company was 220,000/., in shares of 101. each, and wader
the 70th clause of the articles of association the directors
were empowered to commence bushman as soon as they
should think a sufficient amount of the capital had been
subscribed for.
It would appear that the company had recently placed
two steamers on the Danube to commence operation. The
amount of capital paid up is under 20,0001., but it would
seem that the directors had been negotiating for adding to
that sum. The ground on which the petition was based
was the insufficiency of the subscribed capital for the pur-
-1 poses of the company, and that it was therefore just and
equitable that it should be wound up.
Mr. Selwyn, Q.C., and Mr. Turner were for the petition,
which wee also supportedaby Mr. Roxburgh, and was opposed
by Mr. Southgate, Mr. Locock Webb, and Mr. Fooks.
His Honour was strongly of opinion that no case what-
ever had been made in support of the petition, and that
there was no ground for asking for a ',hiding up order.
The petition would therefore be dismissed, and with costa.

(Before Vierelisooellor Sir B. T. Khxlersley.)
IN BS T/AZ BRITISH PROVLDINT 1.171 AND /DM INBURANCI

COMPANY, EX PARTS ORPIN.
The Vice-Chancellor gave judgment in this case, which
was argued in February last. His Honour said the ques-
tion ho had to decide was whether Daniel Orpen's name
should continue on the list of contributories in the winding
up of this company. Omen resided at Theme, in Oxford-
shire, and having been appointed agent of the com-
pany for that county, he was required to take
200 shares, which be did, and he paid 11. • share
upon them. In May, 1857, wishing to retire from the
agency and to get rid of his responsibility on the shares, he
applied to Mr. Sheridan, the mansgiog director, to relieve
him from the shares and agency, and after some negotiation
Sheridan agreed to give him 501. for the shares, and on the
30th May, 1857, preen executed • transfer of the 200 shares
to Sheridan. In March, 1861, an order of the court
was made to wind up the company, and the
official manager included Orpen in the list of con-
tributories. Orpen insisted that he had transferred the
shares, but on referring to the deed of transfer, two inter.
lineations appeared in it to the effect that the tender was
to Sheridan on behalf of the company." Orpen made an
affidavit that the words in question were not in the transfer
at the time he executed it, and both partied, were examined
viva voce before the chief clerk, who decided that the inter.
'halation& ware in the deed of transfer before it was
executed. The case was then transferred into
omit, and the question as to whether the inter-
lineations in the deed of transfer were made before
or after the execution of the instrument was tried before •
jury, and Orpen and Sheridan were again examined, and
the jury decided, and as his Honour thought very properly,
that the interlineations were made after the execution. It
was then represented by the counsel for the official!nansger
that there were other ground, for continuing Orpen 's name,
and the matter was argued upon those grounds, which
were two ; first, that in the terms of the 54th sea
lion of the 7th and Bth Via, chap. 110, Orpen was
disabled from transferring his shares until he had
paid the amount of a call made upon him ; and
secondly, that his name was not returned to the offios of
registry of joint-stock companies, as it ought to have been.
The facts on the first question were, that on the 21st May,
1857, • call was made, payable on the 30th of June, and the
transfer was executed in the interval—namely, on the 30th
May. The 54th section, so far as it was material, was, that
" if at the time of such treader the shareholder should not
have paid the full amount due and payable to the
company on every share held by him, he should
not be entitled to transfer any share, unless
there was • provision to the contrary in the
deed of settlement:* It was clear that the time referred to
was the time of actual execution, the legislature inteodiag
to point to the state of things then existing, the words
embracing not only the shares transferred, but all sharer
held by the shareholders. If the word' "due and payable"
were held to mean at any subsequent time, then all trans-
fers would be impossible. The words were not due or pay-
able, but due and payable, and therefore if money
was due but not payable this would be inaccurate
language to we. Hen it was ''debitum in pro.
and "solvendum in future," not only in
the popular but in the strictly legal sense of the iamb
themselves. Did the context throw any light upon them
It was evident that the 1 • intended that where •
single shilling was actually due the shareholder could not
transfer, but it must be due and payable. There was no
ease directly in point. but the oases of " The Aylesbury
Hallway Company v. Mount" (4 Manning sod Grange),turn-
ing upon a special act, and " The North American Colonial
Association of Ireland v. Bentley," and "Be Hutton *
(10 Weekly Reporter), before Vice-Chancellor Wood, ware
somewhat similar. In the absence of authority, therefore,
and on the language and construction of the act, he was of
opinion that, on the first ground, the transfer of the
from Orpen to Sheridan was not invalid by mama
that at the time of the transfer • call bad
been made which was not payable until subeequently.
The other ground on which it was contended that the
transfer was invalid was this, that the transfer was sot re-
tnrood to the registrar, so that Orpen's name remised on
the list of shareholders in the registrar's office. This ques-
tion turned on the construction of the 13th section of the
act. By that section the directors of • company were re-
Tared twice in every year, in the months of January and
July, to make a return to the office of the reedier of all
transfers of shares that had been made eines the last half-
yearly return, and also al all persons who had become
shareholders during the same period otherwise than
by transfer—meaning of course those who had
become possessed of shares by legacies, and so on.
Aad it was enacted that until the return of the transfer,
whereby • person became the holder of any shares, it shoula
not be lawful for • company to pay to any such person any
part of the profits of the concern, and that such person shall
not in any wise be entitled to act as a shareholder in
respect of any part of the profits in respect of such shares,
or in any way to act as a shareholder, and that
until the return of the transfer to the register-general,
thepanon whose share shall have been thereby transferred
shall so far as respects his liability to the debts and engage-
ments of the company, and also in respect to reimbursements
for any damage, be deemed to be • shareholder of the
company. It was contended that by virtue of this clause •
transfer unless it was returned to the registrar was invalid
and inoperative to all intents and purposes. He could not
say, however, that he saw earthing whatever in this clause
which gave it that effect. that was the intention why
was it not expressed in short and plain terms!
He considered that this section applied only to creditors of
the company suing shareholders, and not to shareholders
contributing their quota, and on this ground also, therefore,
he considered that the transfer was valid, and the result was
that Mr. Orpen's name must be struck off the list of contri-
butories, and he must have all his costs out of the estate, as
must also the official manager.
Mr. Shebbeat applied for the costa of the creditor's
' representative. saying that it had been decided io the case
' of the Bra society, before the Lords Justices, that the ere-
' ditor's representative was entitled to appear.
The Vice-Chancellor said in that case he must have his
' costs.
Mr. Kerslake appeared for the official amigo*. ; Mr. Day
and Mr. Phew for Mr. Orpen; and Mr. SUbbear for the
' creditor's representative.

(Before

dir W. P, Wood.)

This was • motion to restrain the defendant. George Lake,
from opening the Anchor eating-house, at 66 and 67,
Cheapeide, in conjunction with the defendant, James lake.
The plaintiff, who carried on business as an eating-house
keeper at 49, Cbespside, was the soignee of one Bill, who
purchased the business at 49, Cheepode, from the defen-
dant. George Lake, taking from him a covenant not to open
an eating-houm within MO mile of that place, and a further
covenant if he did to pay 1,5004 as liquidated damages.
The benefit of tale covenant was now vested in Bird. In
December lest the defendant, George Lake, booed the
premises lately those of the Anchor Company, and pat out
advertisements stating that the premiere would shortly be
opened by the celebrated Lake of Cheamide. The defendant's
intention in doing so was to pay 1,5001., and so moors • right
to open them. Being however advised that he could not do
**the advertisementa above were withdrawn, and others
put forth, eating that the defendant James Lake, a
nephew of the defendant George Lake, would open
the premises. The plaintiff however stated that this
was mere oolour, that James Lake was a person of no sub-
stance, and that the assignment to him was dated four
days after the date of the bilL
Mr. Daniell, Mr. nephew, Sir H. Cairns, and Mr. Run-
dall appeared in the case.
The Vice-Chascellor said that, framed as the deed was,
Mr. Lake could not buy off his covenant by forfeiting the
1,5001. With reference to the step now taken it wee very
material to observe that not until after the bill was filed
was an assignment taken to James Lake. Under these or.
ambiances the injunction to restrain the defendant George
Lake must be absolute as asked by the plaintiff. As
spinet James Lake, the injunction must go in • modified
Item, restraining him from opening as partner with, or
otherwise in behalf of, the defendant George Lake.

COURT OF QUIZNII itENCH.—ML: 25.
Before the Lad Chief Justice Cookbara, sad Jostler
Bieekbars sad Kellar.
amyl! 9. pIORTON —JODOltlarr.
•

This case case biforB iTinoo;rt ifa.--;7ll;nfirnw to a plea,
and wu argued last term. The actin was for tennis
brought by the plastid, the lay rector, against the ucer
sad alturchweeden of parish is Konnouthatare, for taking
ad the look hose the newel door.
The Load Chief Jostles, hr dekvertag the postman of the
nark said the quantal binned we whether fie lap rester
or the vicar wee andlled to the nibs peneseise el the whole
of the chancel of the shank sad esesequeelly te the
&noel door, as well es the news of open 68d tweet.
The court were of opinion that the lay rector had not soy
posnerion or control over the chancel es =ls vicar,
and therefore they pre jedgroeot fee the