The Express.
London, England, 1862-12-06 00:00:00

TO THE ZDITOZ Or THZ =PM&

shall be obliged if you will correct an
erroneous statement respecting mvaelf made in the E,pna
and other newspapers of the 21. th tilt. Your Paris 6-A.
respondent says that an action was brought at the Court of
Assizes at Versailles by Mrs. Dillon against the Duke of
Orammont Caderotivie to recover damages for the loss d
her son, who was killed in a duel ; and that the plaintff
is to be paid by the defendant a life annuity
of 3,606 fr., with reversion to bee eons—Fredena
and Horace—both of whom are insane. Now I leg
to say, that I have a brother who I have heard kw
been confined to a lunatic saylum within the last yew;
but the statement that I am insane is untrue, and u tka
mention of my name in connexion with the claim fa
damages may cause some persons to think that a portion of
the annuity is continued to me, I will add, that it is at
my intention to accept any benefit arising out of the clam,
and the demand for the reversion to me we made by the
plaintiff without my knowledge or consent.
Trusting that you will give insertion to this letter at the
earliest opportunity,—l am, Sc.,
HORACE DILIPS.
18, King-street, Soho, Dec. 5.

A letter from a clergyman in British Columbia,
dated October 6, says :—" The female emigninta hal
arrived. The servants were instantly provided with situ.
lions, the lowest wages being Nil. • year. The governed
clam, for which the bishop did not apply, are a difficulty.
All are, however, in homes but six or eight. The boon to
the colony is very great indeed."
REPRESENTATION Of EAST KENT.—The lamented
decease of Mr. Deedes has created a vacancy io the Eastern
division of the county of Kent. It is well koown that the
present position of the register gives every hope of the re•
turn of a firm and unflinching liberal, who will give a to
neral support to the government of Lord Palmerston. Suck
a caedidate will in a few ds resent himself to the electois
—one who will command the p e support of the entire liberal
party. We therefore earnestly cell on ell the electors of
Eat Kent, who have confidence in the general policy—re
litacal, ecclesiastical, and commercial—of our noble premier,
to remain unpledged until the geutleman presents himself
who is to seek their suffrages for the honour of representing
East Kent in the Commons House of Parliament. The eke.
don will be watched by the country at large with great in-
terest, and we hope to see the Eastern divistoe of the
county wrested at length from tory domination and mio
ram—Darer Chronicle.
GRAND 'Pompom. MATCH.—The old English rustic
game of football was played on Wednesday last oe the fluid
Church new cricket-ground, Oxford, the competitors hare
11 gentlemen from Harrow school, members of Oxford I
verity, and the MEWS number educated at that wheal, meno
bore of the mister University.
LIVERPOOL —HOPE-fr/RZET CHURCH. —The Rev.
Charles Beard preached • armors, in this church, on Sue.
day meriting last, in aid of the fund to relieve the distressed
cotton operatives. The sum collected Was WI. 10S.
ESCAPE AND SUICIDE OF A LUNATIC. --Ou Ttleralay
evening a young lady named Hodgsoo, who had been three
months in the asylum at Mount Head, near OtleY, lrek4lP
tog to Dr. Smith, of Leeds, made her escape between 5 ad
6 o'clock in the evening, the woman who keep the WV,
hearing the gate close, supposing it wee her daughter, eta
was expected home, not going out to see what
ll was the
matter. A short time afterwards a mason. oarned ooe,
and his companions, on their way from Ilkley to Burke,
OSIDO up, and found a criuolioe and a bead net on the bask
of the aver. A struggle was beard in the water, and opus
looking closely they saw something floating on the surface.
but the river there being very deep, and race of the P.M
able to swim, they did not couture. in. They, bowers,
threw out • leathern strap, which appeared to touch tie
hand of what now turned out to be a woman, but rho
al
either unable or unwilling to take bold of it. The pow
creature then gave • loud scream, and having turned on her
back and uttered two or three shrieks, she sank. The
folf
was not recovered till Wednesday afternoon.
DAMAGES FOR RAILWAY At:. 7IDENTS IN FR St. L"'"
The Civil Tribunal of the Seine has just given 'nag'
meat in an action brought by a tailor of lJewie
named Bayard, against the Lyons Railway Comia:,,
to recover compensation for injuries which he and his JO
had suffered through the negligence of the servants of tile
company. On the 20th of August, 18E11, a horaysn w,
discovered to be on fire just before reaching the Ilinne-
short distance from the station of Collooges. The rol.
doctor, thinking it would be impossible to stop 0
train before reaching the tunnel, ordered the driver to rol
through. Meanwhile the passengers, beiog aware .4 the
accident, were in the utmost alarm, and, the weed Wig
slackened, 150 of tbem leaped out upon the line before the
train had cleared the tunnel. The laintiff and Ilia nil,
so doing received severe injuries, the former having 14.t1,!
sprained his left wrist, and the latter dislocated bee Si"
Ineespen. They were consomently unable to stool t,
basisess for several months, and the wife is iu
of being crippled for life. They, therefore, ho delifi.
25,0001 r. damages. It was proved that the tae.
had • good business, much of which be lost throorb th*
accident, and that his wife had been obliged to &bolo *1
engagement as a singer at a cal&chantaist, at a ealgry
400er. a month. For the defendants it was argued that
accident WWI owing to the imprudence of the pluintis
ert. ID a
leaping out before the train stopped, since they w
dowser. the burning carriage being the sixth Iran)
The tribunal, however, gave judgment for the eltot'"‘'
with 4,000 tr. damages and costs

LAW INTELLIGENCE.

(THIS DAY.)

EQUITY COURT.
(Before the Matter of the Rolls.)
RE THE SHEFFIELD AIM RALLAIISHIRE A.NCIRIPT ORDER OF
FORESTRILS' CO•OEZRATIVR SOCIETY.
This was a petition to wind up the above society, on
the groond of inability to pay its debts. The society was
coervtituted under the Friendly Societies Act, but not regis-
tered under the Industrial Act, 1862.
Mr. Roxburgh, in support of the petition, contended
that the jurisdiction to wind up was under the Companies
Act, 1862, and not under the Industrial Act, inasmuch as
the 17th section of the latter act giving jurisdiction to
the county court applied only to companies registered under
the Industrial Act, which was not the case with this coin.

The Muter of the Rolls was of opinion that the jurisdic-
tion of this court was taken away by the Industrial Act.
His Honour, however, gave Mr. Roxburgh leave to mention
it to the Lord Chancellor, which he rid he would do ou
Tuesday next.

THE WATERLOO LIR, EDUCATION, CASUALTT, AHD SELF

RELIEF ASSURANCE COMPANY.
Three petitions were presented for the winding-up of this
company, which was incorporated and registered m 1851.
No assets were in hand to meet the liabilities. One peti.
tion was by s. creditor, another by the company, and the
third by • contributory.
It was objected that the company had not registered
under the Companies Act, 1862, under which the peti-
tions were presented, and that therefore no order could be
made on their petition.
His Honour thought the company ought to be wound up,
and that the only question was upon whose petition, and by
what species of order.

After some discussion an order to wind up the company
was made on the petition of Mr. Abbott, the costs of the
other oetitioners to be paid out of the estate.
Mr. Wm. Cunardl was appointed provisional official
liquidator; Mr Roxburgh was for creditors; and Mr.
Selwyn, Q.C., Mr. Terrell, Mr. Baggallay, Q.C., Mr. C.
Swanaton, Mr. Speed, Mr. 31. Everett, and Mr. Humphry
for the other parties.

COURT OF COMMON PLEAS.
Sittings at Nisi Prins in Middlesex.—(Before Mr. Jturtice
Wiles and a Special Jury.)
SE►tivt V. LORD KLINE AND oTHMIS.—THE DEPOSIT BANE.
This case was pat tly heanl yesterday. It was an action
against Lord Keane, the chairman, and two other d;rectors
of the Bank of Deposit, and the plaintiff claimeddanuigee upon
the ground that he had been induced by false representations
to become the agent for the bank at Plymouth, and had sus-
Woad considerable injury in consequence. Yesterday, the
plaintiff's counsel bad difficulty in proving that Mr. Hadwyn,
the superintendent of agenta, had authority from the defen-
dants to baud a prospectus to the plaintiff, and to represent
that the statements in it were true, and the case was post-
poned to give time to look at the books and papers.
Mr. Collier, Mr. Ribtoo, and Mr. Daly appeared for the
plaintiff ; Mr. Bourn., Mr. Webby and Mr. Archibald for
Lord Keane ; and Mr. Digby Seymour and Mr. Warton for
the other defendants.

Mr. Wallis, a clerk in the bank, was recalled, and he
stated that Mr. Hadwyn was dead, and Mr. Peter
Morrison had gone abroad. A number of extracts
were read from the book, of the bank to show that the
defendants had attended numerous meetings of the
beard and of the finance committee, and that at those meet-
logs various books were examined, facts", however, which
Mr. Bovill said he was prepared to admit. Some of
these books contained entries of the receipt of monies
from various agencies. A number of letters between the
plaintiff and Mr. P. Morrison were also referred to. There
were other letters from Mr. Hsdwyn to the plaintiff, one of
which approved of his proposal in reference to fitting up the
branch bat directing that " Everything must be good
in quality and respects b/e in appearance." (Laughter.)
Another letter referring to the opposition of " %niers and
other interested parties," said, " You can point to an es-
tablishmeut of 15 yews, which is an awkward feet for those
who want to disparage us." "Send your remittance r in
half notes, as it saves commission and only costs 2d., which
is true economy." (Laughter.) The witness, inconclusion'
said that he was not aware of any resolution appointing Mr.
Seaman.

Mr. Robert Palmer Harding, the accountant, said that the
report be had made, and which had been referred to, was
correct.

Mr. Justice Willem said that Mr. &mill had admitted its
eonectoess.

Witness continued—He did not recollect any resolution
appointing any agent.
Mr. Seaman recalled—When be became agent proapectoms
were banded to him, and he had seen them before his
appointment. The contents of the prospectuses were mate-
rial in inducing him to accept the agency, and he would
not have accepted it unless he had seen the prospectuses
and bad made full inquiry. Mr. Hadwyn showed him the
prospectuses before his appointment. After his appoint-
meat he was introduced to Mr. Morrison, at the London
office, and to Mr. Adair and Major Bere, two directors.
They had some wine and bread and cheese, and the!
conversation amounted to this, that they wished rumen to
the agency. On other occasions the affairs of the agency
were discussed. Witness was to have 150/. a year salsr7,
and one per cent, on the amount of deposits, but a half-year
of the salary had not been paid. The last half-year the
salary was ICI!. a year. He received a copy of the resolu-
tion of the board on the let Sept., 1860, at which time
certain proceedings had been taken against Mr. Morrison
at the instance of Mr. Gerelli, and this resolution said that
a special board having been called to take into consideration
the unjustifiable attack on Id r. Morrison, the directors con-
sidered it their duty to record their unqualified contradic-
tion of such immitations, and their entire approval of Mr.
Idortisoe's conduct, he having acted under the direction of
the board and of the company's solicitor. The 1t.,. Mr.
Bean and Dr. Clarke were present at this meeting of the
board.

Mr. Collier said that this was the whole of the evidence
which he had upon the question of Mr. liadwyn's authority
to biodthcdefendants.

Mr. Justine Wiles thought that it would be advisable
that any evidence to show that statements which were false
to the knowledge of the defendants had been made should
be given at once. After further consideration he added
that in his opinion it was a great pity that the
opinion of the full court had not been taken upon the
law of the case before coming to trial AS far ea he had had
an opportunity of considering the matter the action was an
entirely novel one, and was not maintainable. The law was
that a servant having made his inquiries must put up with
the service into which he chose to enter, and
could sot maintain an action because the em-
ployment did not suit him. Even if the as
were proved, he must tel the jury that the law
had not provided for such a matter, and they could give only
nominal damages ; but at present it had not been proved
that the defendants made any false representation to induce
the plaintiff to enter their service.
Mr. Collier said it would be useless under these circum-
stances to give further evidence, and after some discussion
it was arranged that he should tender a bill of exceptions
to his lordship's ruling, so as to have the question decided
in a court of error.

His lordship. as a matter of form, repeated his ruling to
the jury, and directed them to find for the defendant.
Verdict accordingly.
Mr. Bovill said he also should assign error.
Some discussion took place as to whether or not there
should be a demurrer to the declaration.
Mr. Bovill said that the reason why he had not demurred
was that Lord Keane was not desirous to shut out an invee-
tig.ation into the facts. His lordship was entirely ignorant
of what was imputed to him.
Mr. I). Seymour made a similar statement on behalf of
the other defendants, and added that neither of them owed
anything to the company.
Mr. Justice Willem remarked that, the matter having
been wound up in Chancery, that court would see that all
claims were properly dealt with.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
81:11WERELL V. CLEMINTS.
Mr. M. Smith, Q.C., and Dr. Spinks, for the plaintiff ;
Mr. H. Jame and Lloyd for the defendant.
The testator, William Clements, late • grocer at Bris-
tol, died on the 2lith of January, 1851, leaving behind him
a small property and four surviving children. He had
executed on the 9th of the April previous a will,
which was now propounded by his daughter, Eliza-
beth Maude Mary Surnmerell, the plaintiff, and the
executors named in the instrument. Probate was resisted
by a eon named Isaac Abaolom, who stood in a somewhat
lees advantageous position than he had done in a previous
will. His plea was that his father was not of testamentary
capacity at the time be executed the paper beige the wort.
The case was not of the slighted general interest.
It was still proceeding when we went to press.