The Express.
London, England, 1864-11-16 00:00:00

THE EXPRESS, WEDNESDAY EVENING, NOVEMBER 16, 1864.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH.—Nov. 15.

&Min. to Baoeo.—(Before Lord Chief Justin Cockburn,
and Justices Crompton, Mellor, aad Shen)
This was special paper day.
TRIARRY AND LIMN. N.P., v. LORD PERROT, M.P., AND

This ease came before the court on demurrer. The decla-
ration stated that by an agreement dated 22nd Apra, 1863,
made and entered into between the plaintiffs and defen-
dants, it ma agreed—after reciting that the plaintiffs had
been in negotiation with the imperial government of Austria
for the purpose of founding in Vienna • bank, upon joint
stock principles, and with limited liability, and bad sub-
mitted their views thereon to the imperial government of
Austria, and had obtained from them • preliminary moose
non granting them the privilege of establishing such bank
subject as therein mentioned—it was agreed Deemer' them
that the plaintiffs should transfer to the defendants all the
rights they then possessed under the preliminary canoes-
lion, and that they should assign to them the definitive con-
cession, and that in consideration of which the defend-
ants would pay the plaintiffs for the said definitive
concession the sum of 30,000/., half in cash, and ball in
shares within 30 days after the allotment of shares, and
farther that all and every expense of every kind saner
connected with the procuring and completing the
said definitive concession should from the time of
making the said memorandum of agreement be borne
and paid by the defendants, The plaintiffs said that the
definitive concession was obtained, and that they had done
everything that was necessary ; that the bank had been
formed and the shares allotted, but the defendants had not
fulfilled their agreement. The defendants pleaded that
' the agreement between them and the plaintiffs was, that
I the bank was to be established upon certain terms and con-
ditions, embodied in certain articles of association called
statutes, which had been then formed and prepared by the
plaintiff and agreed to by the defendanta, which the Aus-
trian government were to approve of ; but that the latter
refused to do so. The plaintiffs replied that such agreement
by the Austrian government was not • condition precedent
to the obligation of the defendants. The plaintiffs had de-
marred to the defendants' plea, sod the case canes on far
argument this afternoon, the point argued having refe-
rence to the payment of the preliminary extenses.
Mr. Bovill, Q.C., with whom was Mr. Kingdom for the
plaintiffs, said the only branch material to the considera-
tion of the demurrer was with reference to the payment of
the expenses. The learned counsel contended it was no
answer to the claim for expenses for the defendants to say
that the concession obained was different to the terms as
arranged between the parties, or that the definitive con-
cession was not obtained, or that the beak was not formed
and the shares allotted during the limit of the agreement.
The agreement between the parties was that all expenses
of every kind connected with the undert•king should be
borne and met by the defendants from the time of making
such agreement.
The Lord Chief Justice—l suppose the main straggle is
about the 30,000/.
Mr. Lush—Yea.

Mr. gorillas:a-it warn, but the only question on the de-
murrer was with regard to the expenses.
Mx. Lush said there was • traverse on the plea with ra.
gard to the 30,0001.
Mr. Bovill said his case upon that plea was, that it we.
not true, and it bad not been demurred to.
Mr Lush, Q.C., with whom was Mr. Garth, for the de-
fendants. contended they were not to pay the preliminary
expenses of obtaining a preliminary concession. bat only
such expenses u were necessary in turning it into a defi-
nitive one, and in doing which the defendants were to emit
the plaintiffs in forming the company and providing the
cspitaL . . .

After hearing the arguments of the learned counsel at
considerable length,
The Lord Chief Justice said that, whichever way the
court decided the point demurred to, the owe must go down
for trial. He therefore thought it would be much better
for the court to reserve its jgment, and give it upon this
and other points which must come before the oourt again
after trial.
Judgment reserved.

The Court rejected tee application, on the ground that
the dileuce to the suit had hese a vexations one.
SHAW V. SHAW AND CALVIIrr.
In this use is which the coceapoudent had been ow-
damned is 5001. damages,
The Court made the decree Dial, with mete, and directed
the damages to be paid to the petitioner.

THE POLICE COURTS.

Jane Hill, an intelligent-looking child, only 10 yeah
of age, was placed in the felons' dock charged with stealing
• sovereign.
Mrs. Ann Allwoo4 of 65, ifillbankctrest,'Weetminster,
wife of a stone merchant, said that prisoner occasionally
came to the house to nurse bee infant. She was there on
Saturday night, and in her presence proseoutrir placed •
sovereign in a purse and put the latter in a drawer.
On the nest afternoon her husband went to the puree,
aed found that the sovereign was gone. The prisoner had
promised to come on the Sunday, but failed to do so, and
as she was suspected she was sent for, but the sovereign was
not found.

..wilil7Aroold—What evidence is thew spied the eland ?
Inspector Humphreys—She is found in poem en of half
• soverearn, whin she gave to her father. Perhaps you
would like to hear him ?
The little girl's lather, a journeyman tailor, working at •
West-end house, said that his wife and children were in the
habit of meeting him on Saturday night es he came home,
sod did ao on Saturday. Directly she saw him she put •
half-eoveteign is his hand, told him she had picked it up,
end said him what it wee. She said she had picked it
up near the Hoene of Parliament. When he heard that
his daughter was suspected of stealing • sovereign he took
her to Mrs. Allwood's, but she positively denied all know-
ledge of it.
The child's mother was now called, and said that she went
with the awned sad her little brother to meet their father.
A boy wu letting off fireworks as they pined through the
Broad Sanctuary, and prisoner thinking on was not quits
spent stooped to pick it up, and saw what she took to be a
bright farthing, and brought it to her mother.
A Mile boy, the brother, said he was present, and saw his
sister pick up the coin as described.
Mr. Arnold—l think the child is perfectly innocent, and
discharge her. If this had been • sovereign found instead
of a half, which I have no doubt wu picked up, and there
had been no winner of the fact, as there are, I sin afraid
circumstantial evidence would have fixed • strong imputa-
tion against the poor child.
She was immethe.tely discharged.

lag the,' dividends, 9291. 7s. Ild. INS owing to the bank
which was carried into the balm under discount and loans to
custemees, as good assets. In the past due bill book the
bills were entered in the handwriting of Mr. Terry, and in
the general ledger they were entered in the writing of Mr.
Burch. The bank had • customer named Bunyard. He
owed the bank between 6,0001. and 6,00 W. in June,
1802, for dishonoured bills and overdrawn account.
The bills were dishonoured in 1861, and some were running
on the 30th of June, 1862. Witness produced • copy of
release under a trust deed, which had been signed by Terry
on behalf of the bank, without the knowledge of the
directors, on the 31st December, 1861, by which be released
Bunyard from the whole debt of between 3,0001. and
6,000/. On the date of that release there was • loan
granted to Buoyant of 9661.
By Mr. Sleigh—There was no entry in the book of any
security. There was another book called the register of
loans. It was entered there by one of the clerks, giving
the particulars, and showed that it was lent upon • promis-
sory note, but there was no other security mentioned.
By Mr. Lewis—ln the board minute book of that date
there were two loans agreed to, but Bunyard's loan did not
appear in the books before the directors.
By Mr. Sleigh—lt passed to his account through the
ledgm I—lt might have been a renewal, but there was
nothing to show.
. . . . _

110Aleigh—Waa not the aim of 9661. in respect of the
old debt on which Mr. Banyard bed obtained a release.

Witness—l cannot swear to that.

In continuation witness said he produced the note of
Land for 9661. 16s. The handwriting in the body of the
bill was Mr. Burch's. There was another loan of 74.31.
made toßtinyard on the 24th October, which was included
in the release, but it was notmterel ea having been brought
before the directon in the committee's minute books.
2,9004 of the amount of Busyard's debt was carried into
the item of 207,0001. as good assets. The overdrawn
account to the amount of 1,7901. was subtracted from the
amounts due to customers, sod the balance, about 4001.,
appeared in the cash book as cash in band. Witness
produoed the book made up by both the defendants, show-
ing the past due bills. It was labelled, "Statement of
pastdue bills," the total was in blue ink, and was in wit-
nem s handwriting. The debt of Bunyard did rot appear,
nor did the loan of 966/. According to a resolution in the
board minutes of that book, the statement of put due bills,
should include the dishonoured

18a Mr. Metcalfe—The reecohttion was made in January,

Mr. Lewis—lt appeared to contain a list of the bad
debt. of the bank. Mr. Bunrard's debt of 96d/. did not ap-
pear in that statement. The two loans, amounting to
1,7011., were conaiderably overdue in June, 1:4;2. One was
due in January sad the other in April. They appeared in
the books under the head of loans to customers as current
loans, not matured loans. The book called " the Statement
of past due bills ^ should contain past due bills and debts
to the bank.

By Mr. Metcalfe—Both loans appear in the book. (Wit,
nese then read several at the request of the counsel.)
By Mr. Sleigh—The entries were generally pest due bills.
By Mr. Lewis—The loans were very few, and past due
bills very many. Theretwere other,losns in the book. The
book should contain, according to a resolution of the board,
the debts, good, bad, and indifferent. Jab= H. Wood was
• cashier of the bank. (Mr. Lewis said Mr. Jabez Wood
was one of the trustees of Mr. Banyard, and had signed his
release.)
Mr. Lewis said be had many more similar aromas to go
through, and would if it were wished break off at this stage.
Mr. Sleigh said if his lordship would reconsider the deter-
mination he came to at the bat examinatioo, with reference
to ao application be made on behalf of his client, and admit
him to bail, it would be better to break off at once. The
inquiry must of necessity be a very long one, and if he could
offer such good and substantial bail as would render his sp.
?sauce certain, he trusted that, when his lordship took
into, consideration the fact that the defendant' must have
been aware that the proceedings were pending. and never-
theless they were at home when apprehended, he would
grant his request.
Mr. Metcalfe made the same application, and urged upon
his lordship to confer with the late Lord: Mayor, before
whom the case had been first heard, and upon whose deci-
sion, he thought, his lordship was somewhat influenced, and
consider the matter, and let the prisoners know his decision
in the course of the morrow.

His Torislii,;aditUki -ihe late Lord Mayor had only
heard Mr. Lewis's statement, whereas be had heard the
evidence u far as it had gone. He, however, would consider
the matter, but should decline at present to admit the
defendants to bail.

Eventually it sou decided to adjourn the cam at this
stage, and the prisoners were spin remanded.

THE METROPOLITAN SEWAGE QUESTION.

Yesterday a special meeting of the Metropolitan
Board of Works was held at the office of the board, Spring.
gardens, for the purposed further 000sidering the several
tenders for taking the sewage of the metropolis, and to
determine which (if any) should be accepted ; to receive a re-
port from the Main Drainage Committee on the inspection of
the works for the utilisation of *swage at Rugby, Croydon,
Carlisle and Edinburgh ; and on the several tenders for
taking the sewage, with the recommendations of the com-
mittee thereon, and to par such orders on the subject as
MY be deemed desirable. There wan a large attendance of
members. Mr. TBITAITIIi la the chair.

Mr. POLLARD having read the report of the Corn, Coal,
and Finance Committee of the corporation of London ; a
letter from Mr. Hops controverting some of the statements
in that report ; • letter from Mr. Furness, the contrze-
tor for the works at the ontfall, stating that be
had purchased three acres at Plaistow and 'raking for
permission to irrigate there ; a letter from an agent of Lord
Torrington further explaining his tender and offering to
submit it for corm:Um to the Board of Trade ; the report of
the Main Drainage Committee, stating "that, in the opt.
nice of the committee, the tender of Messrs. Rope and
Napier, for dialing with the sewage on the north side of the
Thames, so far as their immoral wham is want-nod, offers
the greatest advantages ; and recommending the board to
refer the subject back to this committee to negotiate the
precise terms upon which the concession may be granted to
, those parties':
Mr. &CAD! moved that the report which had been reed
should be printed and circulated amongst the members and
take° into consideration that day fortnight. This was an
important report, and the course he proposed was the usual
, one when important reports were presented. It was only
respectful to the ratepayer, to adjourn its ooasideratiou.
' The motion wee put and lost.
Mr. FRAVAAR, the deplity-cbeirman of the Main Drain=s
Committee, said that if the board listened to the suggestion
of delay, the public would come to the conclusion that they
were unfit to occupy the position they did, and that it was
' time they should be swept away. He could understand the
proposition for delay if there was any plan before them that
required consideratioe. But there was no new plan before
them. The only two tenders which were before them were
those of Mr. Ellis and Messrs. Hope and Napier.
He did not think parliament would ever sanction the
proposal of the former—to bring beck to Shooter's.
hill and Hampstead heath, at a great expenditure,
the sewage which bad bees taken to Barking Creek
at a great expenditure. The other plea—that of Mesas.
Hope and. Napier—presented such advantages as he
thought should recommend it to the acceptance of the
He proposed that the Deport be considered.
Mr. DOULTON, M.P., necoodel the =WOO.

Mr. COLLIMBON moved as an anseadinent That is be re.
!erred to the Mai* Drainage Committee to oousider the
be maim of utilising a portion of the sewage of the me•
trepolia, for the purpose of ascertaining ita commercial
value, and to report their recommendations to the board,
in order that application roar be made ia the emoting sea-
, Mon of parliament for the ascomary powers to wry skim
into effect" _ _

ME. SAVAGE seconded the SlOendment.
Mr. Tire defended the board, sod supported the propo-
sition of Mr. Freemso.

A die:melon took piece, in which Mr. Legg, Mr. Newton,
Mr. Carpmael, Mr. Semuda, Mr. Moulton, and others,
bore pert.
When the board divided there were—
For the amendment 8
Against

Majority against the amendment .... IS
Mr. TAYLOR then moved the following amendment :
" That, in the opinion of the board, it ire undesirable to are.
crept any proposition respecting the sewage of the metropolis
which involved a ocioaeseion of fifty years, and that the
other conditions contained in the scheme of Messrs. Hope
and Napier rendered it impolitic to adopt or further eon-
eider their proposition."
The board having divided, there appeared 9 for the
• amendment and 26 against it.
' Mr. LEGG then moved that the board, before taking any
further ~ction, should advertise for other tenders.
On a division, there appeared 9 foe and 1% against.
The original motion was then put and carried by a majo.
rity of 26 to 9. The sauna:amnia was received with cheers
by the majority.

NIGHT Scnoots.—A conference on the organise,
tae and managemeat of eight schools bag been convened
by the committee of the Metropolitan Adult Education
Association, to be held at the hones of the Society of Arts
on Tuesday neat. The subject will be introduced to the
coofereoce by the Rev. Henry Whits, the originator of
Youths' Institutes. Sir Thomas Philips will take the
chair, and the discussion will be open to all, as it lsthe
wish of the committee to thoroughly ventilate the subject,
in order to arrive at some practical results.
BIZAITAST BEVERAGE. —llOll/030pathi0 praati•
Hours and the medical peofiestoo neurally, recommend cocoas.
being the moat healthful of sll beveragea When the doctrine of
homeopathy wu tint Introduced into this country there were to
be obtained no preparatices of cocoa sitherattractive to the taste
'or acceptable to the stomach the nut was either supplied in the
crude state or so anatlifully manufactured es to obtain little
H notice. J. Epps. of London, omeopathic Chendst. was 'educed
In the year Mu to tura his attention to this subject, and at
length succeeded, with the aesistance of elaborate machinery in
beteg the first to produce an article pare In the composition, and
' so refined by the perfect trituration it receives In the process It
passes through. as to be most acceptable to the delicate stomach
For gaunt use Epps's Correa la distinguished so an invigorating,
grateful breakfast beverage, possessing a most delicious aroma.
Dr. Mamma In his werk " Adulterations of load." UT i—
" Cocoa contains a great variety of important autritive pried.
plse—every ingredlest nee emery to the growth and sustenance
'of the body." Agal• As a antrltive, cocoa stands very much ,
higher than either cedes se tea." Dtrectione—Two teaspoonfuls
of the powder In a breakfast cap, tilled up with heeling water ,
or milk. Secured la Undleed fib , f lb., and Ilb labelled packets,
and sold at Is. 6d. pm lb., by greases embasUonera, and clunnlati

!WJM LAST NIGHTS GAZETTE.

DUMB OF SOLICITORS AID FURTH!' PAZTICULLIS TO HE
OBTAINZD AT TIIII OPTIC! OF THZ CHINS Molina"
CODZI OF BANZIWPICT Bastmeaux-ermr.]
iistikkuns.
.__ _

ARMIES BOOTLE WILBRAHAII. rife% 1747treet, Gramenoraquare,
late amigo In the Coldstream Guards, to surrender Nor.tekatl.
RICHARD WATSON, Colon-street, Middles's Hospital, cheese-
monger, Nor. 28, at 2
8•8081. WILLIAM NIGiTTIOLUS, Mayfield, Sussex, labourer,
Nov. 28, at T.
lamas La OIoPS, Whiskinatreet, Clerkenwell, letter sorter in
the general port-ofiice, N0v.2.8, at 2.
GEoltrlE MILD. West-place and camden.street, lalington.green,
smith, Nov 28, at T.
EDWARD RODD, Mitcham, gentleman, Nov. 28, at T.
WILLIAM RICH, New Breotford, pewterer, Nov. 28, at 2.
WILLIAM Maintow, Harold-street, ILeoUsh-town, builder, Dec.
8, at 11.
Jell WHIStROW, JOHN 311CrasOw, Jun., and Huns 11• K ER-
ROR, St. Paurs-buildings, City, and Glasgow, fancy dress
manufacturers, Nov. 28, at 1.
MART ANN Bmllll, Goswell-street, St. Luke's, late dairy keeper,
Nov. 29, at 1.
lowa TODD, Senor.street, Paddington, late lodging house
keeper, Nov. 29, at 1.
Menai ROSOTEIAM, Norwich, late farmer, Nov. 21, at It
EDWARD THOMAS Gazsr, Collegest.,Cheleea,cheallat,Nov.29.at 1.
CHARLES Pclsaasa, lielley.heath, medical assist.. Nov. at 1.
Thomas ORME Bauwx. flaverstock.street, City-road, mer-
chant's clerk, Nov. 19. at 1.
FItaNCIS 028151 Cesinum, Queen-street, Stepney, merchant's
clerk, Now. 19, SS 2.
SAMUEL MAYER, itaideastonohill, Greenwich, solicitor's clerk,

Nov. 19, at 2.
Arrant HOARE, Basinghallstrett, cloth merchant, Nov. V, at 2.
iLENIT GOODMAN. Deptford-green, publican, No•. 29, at 2.
A/WNW° BISHOP, Denham, Ducks, bootmaker, Dec 1, at 11.
Wll.Uall 11iLiza Bouverleatreek London, late general mar.

chant, Noe. 30, it 11
QUA= HATS'', Berwick-street, Sobo. journeyman baker,

Nov. ISD, at 1.--" „_
Lai= OuL111•11, Swan-et., lll:Dories, tailor, Nov.llo. at 12.
Hagar Vora°, Greg bralth4treet, Westminstor, beer retailer,
Nov. 10, att.
11AVIUCI Graft= and FRZDIALICC lit/LLCM, Ilincing.lane,
City, merchants, Nov 30, at 1.
EDlturD Mars, Vauxhall-stmt, corn dealer, Nov. 10, at 12.
hLWARD BELL Castle-toad, Scutlah-town, journeyman carpen-
ter, Nov. 30, at 1.
THOMAS Sarni, Birmingham, coal dealer, Dec. IS, at It
MOWS Levi, Birmingham, clothier, Dec. Nov.at 12.
011oaca havi(l2, Bristol, deakr to wines, N fa, at 11.
CAJWLIII aTiuta, Gloucester, haulier, Nov. IS, at 11.
JAxiut Il•Dowat.L. Swansea., draper, Nov. IS, at IL
NULL= 1111311 IT Baisitsus, Ilfracombe, Devonshire, late lieute-
nant in the army, Nov. YS, at 11.
THoiraft Scalia. Lords, boot manufacturer, Nov. tB, at IL
JOHII PIAOOCI. Jun., Leeds, cap manufacturer, Nov.U. at 11.
Jo® DAVY, Leeds, Canter, Nov. TS, at 11.
WILLIAM Count sad
_13C11•111) Coasui. Tnausiore, Cheshire,

builders, Nov. 25, at IL
Janne LUDLAM Yu►raT and WILLIAM ROE; Liverpool, COM-
=Liam merchants, Nov. SU, at 11.
THOMAS M•Wuor? and Tfloxas Y•Kniorr, Jon., Liverpool,
joiners, Nov. 25, at 11.
Ruarirrectimsoitsx llort.E, Liverpool, merchant, N0v.20, at 11.
Bosun WILLIAMS, Evertors, Lancashire. joiner, No.. 2.3. at 11.
lease ASCII?. Trsnmere, Cheshire, niusermnan. Nov. 25. at 12.
JONI WilfMl WILIAmitS, Llandudno, Carnarvonshire, grocer,

Nov. 25, at n.
THOMAS BILOII,IIMiT, TBOXAS WHITTAXER, and JOHN WOOD,
Saddieworth, Yorkshire, cotton sners. Nov. 2S, at 12.
F.soinzis GOODwIR, charlesworth,Nrbesh., grocer,Nov.9o,atlL
ruCKPALE satsman, Nov. 28, at 11.

Joins Grzzawouo insr, imamate,: osorellookNo• 25,1'111.
ANDREW 81.1t0C2u.2, Sluichesler, caoluer. Nov. 29. at 11
01.11,21 HAT Zoo; Greenboys, war Maothestor, clerk. Nov.

30, at 11. _ . .
EXOCH PALX3R, Birmingham, late ale dealer, N0v.28, at 10
Hear RELDIIIO, liaadeworth, Staffordshire, commludon
agent, Nov. la. at 10.
JOBS Coirrou Bkrrreo. York, toboccoalsk For. r 3„ at 11.
. . . .. _ . _

bricklayer, i;;.lii, at 2.
WiLtian Benin°. Norton-Ln-tho.Moon, Malionlahlre. Journey-
man Wanton's, Dee-10, a!1!.

Taoism Thourioit,ll;etiiiiol, dealerin millinery, Nov. 25, at 3.
TacDWr WILLIAM RAOOI7T, Brighton, late lodging-house
keeper.lNov. 26, at 11.
Jelin M 3.13017, Bristol, clerk to the Bristol Distilling Company,
Dec. 2, at 12.
Unica WORT GILL. Nottingham, lace maker, Dee. 7, at 11.
CBARLIN Wild, Lichfield, licensed victualler, Nov. 26, MlO.
JOHN BADFILLD. Drm laden, near Manchester, tarmer,_Dec. 1.at12.
MAITIIIM SCA/U.117 1111.1 toll. Bury, Lancashire, clerk.Dec.l, at 10.
JAM® WILLIUOJ, Gringley-00-theaill. Nottinghamshire.
tanner, Nov. t 6, at 10.
lons Waloor, Ordain, Notts, labourer, Nov. 16, at 10.
Yang Will7ll, Tub d, Notts, milliner, Nov. M. at 30.
latent If oADJN, Leeds, hair dresser, Nov. 26, at 11.
BENJAMIN Konlimrs, Bunn ley. Yorkshire, Joiner. Nor 2.5.M1L
Joskru Glass, Liens:milder. Bremnahire, coal and mine con-
tractor, Dec. 2, at 2.
- _

Net-erne, Cornwall, shoemaker, Nor.
20. at
Iticatain Buzau.. rttlaworth, near Petwortl, analax, black-
smith, Nor. 23. at r.

Lancashire. bookseller, Nov. 48, at 10.