The Express.
London, England, 1846-11-12 00:00:00

MILITARY.

ROYAL ARTILLERY, WOOLWICH, Nov. 11.—In conse-
quence of the promotions occasioned by the brevet, nine
vacancies will occur in the rank of lieutenant-colonel, which
will be filled up by the promotion of the following senior
captains to the rank of lieutenant•colonel, viz , Captains and
Brevet Majors C. Otway, W. C. Anderson. R. Palmer, J. R.
Hornsby, R. S. Armstrong, M. Evans, G. T. Rowland, J.
N. Colquhoun, and A. R. Harrison. The following promo-
tions will necessarily follow :—Second captains to the rank
of captain : A. Tyler, C. J. Dalton, W. H. Forbes, D. E.
Wood, H. M. Tutte, W. C. Heitland, G. [noes, F. C. Wil-
mot, and .1. W. Fitzmayer. First lieutenants to the rank of
second captains: F. A. Campbell, H. P. Goodenough, G. B.
Shakespear, H. H. Crofton, M. S. Dodsworth, M. 0. Nixon,
H. L. Gardiner, B. Bathhurst, and H. B. 0. Saville. Second
lieutenants to the rank of first lieutenants: F. H. B. Phil.
lipps, J. Godby, D. S. Greene, P. F. Miller, W. W. Barry,
J. T. Orme, C. H. Colomb, G. W. D. Hay, and T. H.
Harding.
The following appointments, which are in the gift of the
Master-General, occur inconsequence of the brevet :—Three
enlonelcies in the Royal Horse Artillery, vice T. Dynely,
C. 8.; W. Cator ; and W. Wylde, C.B. One 2nd captaincy,
vice D. E. Wood; and two lst lieutenancies, vice H. P.
Goodenough and H. L. Gardiner.—Lieut.-Col. H. W. Gory
don is to succeed to the office of fire master in the Laboratory
Department of the Royal Arsenal, in consequence of the re-
tirement of Licut-Col. C. C. Dansey, C. 8., who is about to
resign that appointment. Lieut. Col. J. N. Colquhoun
will also retire from the office of assistant-inspector of the
royal carriage department.
A detachment, e✓nsisting of sixteen gunners and drivers,
tinder the command of Captain Tayler, ILA., left Woolwich
this morning in one of the Watermen's steamers, for Dept-
ford, where they will embark for Jamaica, to fill up the de-
ficiencies occasioned by death and other casualties in the
companies stationed ia that island.
Captain W. B. Young's company (7th battalion) will em-
bark, on Monday next, for China, to relieve Major Green-
wood's company (Bth battalion),-stationed there since De-
cember, 1841.

SPORTING.
DERBY BETTING AT 14ANCIIESTEL7TvrznAr.

7 to 1 apt Van Tromp 33 to 1 agstAlketonian
13 —1 Epirote 33 1 /am Iris colt it.)
lb 1 Planet 40 I Harn of Chase (t..)
22 —1 Sim. to Cetnweb colt Offers to back the field meat 12 for
30 1 Glentilt f3OO.
CHEST CUP.

1000 to 13 apt Mickey 1000 to 13 apt Crim Con..
1000 to 14 apt Sister to Pedometer.
ASHDOWN PARK COURSING MEETlNO—Tvasner.
DERBY.—Mr. Lawrence's Lightning best Mr. King. Winks; Mr,
71awles's Baltimore itilideaway), best Mr. Goddard's Gladiator ; Mr.
]ball's Wyandotte beat Admiral Dundee's Dictator ; Mr.W.
'Medial' beat Mr. Drlnkeld's Eagle; Mr. King's Warminster beat Mr.
rarkinsm's shuttlecock ; Mr. Bowie's Brown Jacket beat Mr. Law-
rence's Lannereost ; Mr. Etwall's Whitefoot beat Mr. Deinkald's En-
voy ; Mr. Parkinson's Stockton ran a bye.
0 tan--Mr. Lawrence's Lucy Neale beat Mr. Rake's Rope de Rot ;
Mr. Nowlea Bohes beat Mr. itakc's Rose de la Rein ; Mr. Goddard's
Gretna best Mr. brooke's Bettina ; Mr. Etwall's Waterfall beat Admi-
ral DUIldlO.4 Din,h ; Mr. Etwall'e Errant Girl beat Mr. Parkinson's
Sterling ; Mr. King's White Rose beat Mr. Bowler's Xarilfa: Mr.
latwrences Caprice beat Mr. W. Etwall's Wit.
Cor.-31r. King's Will the Smuggler beat Mr. Etwall's We wont be
beat; Mr. Dowle's Brrame Star beat Mr. Brookes's Pirate. The remain-
der of the " finat courses" for the Cup were not ran for want of=
Tag PIIINCb: CON6OIIeS fisamaaa—His Royal Highness
Albert, who was accompanied by his Serene Highness Prince Edward
of Saxe-Weimar and Lord Portman, and attended by Major-General
Wemyss, the lion. Captain Gordon, and Mr. G. E. Anson, had two
capital runs with his Royal Higtuwee's pack of barriers on Tuesday
▪ orning, the meet taking plxce on the farm of Mr. Tramper, at
00,-aey, between Eton and Taplow. The first hare found on Mr.
Tewerier's farm went away through the Cludvey Ditches, which their
Ecru ond Serene Highnesses took an capital style, to the Springfield,
en over. the Nursery-ground to the Great Western Rail-
less, the lino to Two-mile brook, whence it doubled to lake-
an4 es& .`
.r. Tramper's, and there lost, after having afforded a
moat excellent ;tin of about one hour. Another hare was put on foot
os the Wm of Mr. Aldridge,, at Cippenham, which was lost after a
very pretty 20 impOrs' burst. Prince Albert and Prince Edward,
attended by their suite, !ben returned to the Castle to luncheon with
her Majesty. After Another run in the time vicinity, the pack was

Na ROYAL STAG Hogirra—SPLISDID RCN Ori TrMAT WITR
Yuen. Menotti:tn.—The private meet, on Tuesday, at the Adam and
Eve, Hayes, between Cabrldge and Southall, was attended
the by a la
Earle
field, including FBA Granville, the Marquis of Worcester, of
Clanricartie, the Earl of March, Captain Tyre, Motor Parker, Captain
Seymour, be. The deer, Young Richmond, upon being unearted at
yeddoo.green, took away to Bone-end, overly to Ruislip; their,
being far Et heir on to Muer, making under narrow, between the
village and the railway station, to Sudbury, where it misled 0,, Bir-
mingham Railway to Wimbley, and through the park to W weed"...
The deer hem reeroreed the Birmingham line, swimming the Grind
Junction Canal, and after making away in beautiftil 1,.y1e over the
Great Western line of railway V. Wert Hampton, T'Aing Richmond
wee taken at East Aetott, after one of the be-t and %suet runs, of
three hours, this melon. ova nearly thirty M:tes of country. Lord
Granville, the Marquis of riororeter. and a goodly number, were riP
at the finish. Several Wad off at Sudbury, not being able to 64 live
the paw." The Pack:mooed to Ascot, a distance of between 20 and
30 miles, the same riming.

lab) inttlligence.
LAW NOTICES.—THIS DAT.
ewe or Mamma, Westmixoter, at 10.—For Jent : Morris
v. Howes (2) • Thomas v. Blackman. Appal Motions: Toulmin v.
• Anarews v. Walton; Newman V. Ring. Appeals : Salkeld
; Booth r. Caserta.
rtes-Cnanevnas' Cousin. Westminster, at 10.—Before Sir L.
Shadwell.—Motions. Before Sir J. Knight Broce.—Mouons. To be
spoke to : Sowerby v. Pontop Railway Company. : Pascoe
v. Sanders (2) ; Woodward v. Miller; Shaw v. Hill :D Beach v. Rowley.
Beton Sir J. Wigram—Motions. Causes, ke.: . Hamilton,
pert brad ; Blair v. Bromley ; Rostock v. Shaw: Preston v. Wilson.
}IGLU{ Coo ar, Westminster, at 10.—Motions, and Perry v. Meddow-
etoft, cause, part hard.
Cooks or (bues Swan, Westminster, at 10.—Sittings In Banco.
Cora? 07 COMIIO7 Pixas, Westminster, at 10.—Sitting, in Banoo.
Cora or EICHNEWEL Westminster, at to.—Middles Common
Inrica —Talbot p. Bulkeley ; Tlbbcta v. Dalton ; Banks v. Wbitwell;
Cowan v. Cole. The Court will Visit in Banco.
&mauve Cover, Red Lion.s, at 10.—Turner v. Nicholas ;
MounM, v. Taylor ; Lewis v. Milton ; Harrison v. Finden ; Howell
V. Woods ; Phillips v. ; Greathead v. Morley ; Greathead v.
woodward ; Alexander v. Dale Montague v. Pike ; Reid v. Masao;
White v. Robinson; Dod V. Clarke; Sibtborpe v. Lapolie ; Taylor v.
ftteinan; Stapleton v. Davis; Tennison v. stavece• Alexander v.
Cook ; Roberta v. Cook; Biggs v. WDonald. Undefended cameo
will be taken at the Bitting of the Court, and causes Wt untried will
stand ova till Thursday the 19th in.t.

EQUITY COURTS.—YESTERDAT.
Before the Master et the Rolls.
ROBINSON V. WALL.—SPECIFIC PERFORMANCE.—Mr.
Hindersley (with whom was Mr. Cbandleas) was to-day
heard in reply in this cause. The snit was instituted by the
assignees under the second insolvency of the We Sir Thomas
Chamneys, Bart , which took place in August, 183.5, to
compel :qr. Thomas Flight specifically to perform a contract
which he had entered into fur the purchase of Sir Thomas
Champnevs' interest in certain real estates and funds in
court. 'the property in question was devised to Lady
Champneys for life by her father, Sir Roger Mostyn, and
Sir Thomas was entitled in her right to a life ir.terest
therein. It appeared that in August, 1838, Lord Mostyn,
who was entitled to a reversionary interest in the property,
became desirous of purchasing the interest of the assignees
therein, for which he offered 35,0001. But the assignees
being bound to sell by auction, an arrangement was then
come to, by means of certain deeds dated the 13th August,
1838, whereby it was agreed that
nethe assignees should put
the interest of Sir Thomas Champys in the property up to
sale by auction, and that if Lord Mostyn should attend and
bid 35,0001., and there should be no higher bidding, Lord
Mostyn should have the property at that sum. Accordingly,
on the 10th November, 1838, the sale by auction took place,
and Mr. Flight, by his agent, C. D. Wall, became the pur-
chaser for 50,0001. On the 21st November, 1839, before
the purchase was completed, Sir Thomas Champneys died,
and then Mr. Flight became desirous of getting rid of his
contract. In March, 1810, he commenced au action against
the assignees to recover his deposit money, which was 5001,
and in the following April the assignees instituted this suit.
The principal grounds of defence to specific performance of
the contract, were that the particulars of sale stated the sale
to be without reserve, whereas the above arrangement with
Lord Mostyn virtually amounted to a reserved bidding of
35,000/., and was, in equity, a fraud on the purchaser; that
the assignees had, after the contract, displace' of a certain
sum of stock in court, which was comprised in the contract,
and could not, therefore, specifically perform the
or, contract,
at all events, that by their dealings with it, they had
deprived the purchaser of advantages which he otherwise
would have had ; that the property was sold subject to spe-
cial conditions, which the assignees had, in their fiduciary
character, no right to maize; and delay on the part of the
assignees was also urged. Messrs. Turner, Roupell, and
Rogers, appeared for the defendant Flight. The Master of
the Rolls reserved his judgment.

Before the Vice-Chancellor of PlTland.
THE. GRAND JUNCTION CANAL COMPANY V. DIMES.—
ADMISSION OF A CORPORATION TO CoPYHoLI)B. It ap-
peared in this case that the Grand Junction Canal Company,
upon making their canal, purchased certain fields in Rick-
mansworth from a person named Joseph Skidmore. who was
a copyhold tenant of the lord of the manor of Rickmans-
worth. By a deed of bargain and sale, dated in August,
1797 (made under the act of parliament by which the com-
pany were enabled to purckase lands for their canal), Joseph
Skidmore conveyed all his interest in the property to the
Canal Company, but the company were never admitted by
the lord of the manor. Upon the death of Joseph Skidmore,
thepresentfiefendant, Dimes, who was then lord of the manor,
refused to admit the company unless he was paid the sum
of 60001. This was objected to, and the defendant placed a bar
across the canal to stop the navigation. An injunction was
then obtained to restrain the defendant from obstructing the
navigation, and the cause now came on for heariug. The
bill grayed that the defendent Dimes might be ordered to
admit the plaintiffs to the copyhold upon payment by them
of the proper fines ; the defendant objected on the ground
that be could not be compelled to admit a corporation.
Mr. Stuart, Mr. J. Parker, and Mr. Busk appeared in
support of the bill. The arguments were not concluded at
the rising of the court.

CANTWELL V. TIIE LONDON AND BRIGHTON RAILWAY
COMPANY.—RAILWAY CONTRACTS.—His Honour delivered
judgment in this case, which was mentioned in our paper
on Friday last. His Honour said that the pl. intiffa in the
cause, together with others, on whose behalf they sued,
were the holders of certain loan Leto', which had been
made and delivered by the company. The right of the
plaintiffs to be paid the amount secured by the notes was
not disputed, but the plaiutiffs claimed to be entitled to have
shares in the joint stock of the compahy issued to
them in exchange for such notes. This claim,
which was resisted by the company, was the sob-
jeec of the present suit. That the plaintiffs would be
entitled to what they asked up to the 15th February, 1845,
if their claim had been urged before that time was admitted,
but the defendants, the company, contended that in order se
to entitle themselves, it was necessary for them to give notice
of their intention to take shares in lieu of their notes on or
before that time, and it was admitted that this had not been
done, and that no such notice had been given. The plain-
tiffs, on the other hand, said that no time was fixed in their
contract with the company within which such notice should
be given ; and, secondly, that if any time was fixed it was
the expiration of three years from the 15th July, 1842, when
the last instalment upon the loan note was paid, and before
which, in June, 1845, their option was declared. Thirdly,
they say that if any notice was necessary, and it
was not given, that the company had waived the
objection ; and, fourthly, that the plaintiffs had been
kept in ignorance of the fact that notice was
considered necessary. Those were the points which had
been put prominently forward, and nn objection was
depending between the parties upon the question of fact
stated in the pleadings. The indorsement upon the loan
notes, which had been much commented upon, were stated
to have been upon the notes when they were delivered to the
payers. At a special meeting of the shareholders of the
company, held in January, 1842, pursuaet to a public notice
duly given by the directors, the resolution of the 9th of
January, 1845, was said to have been adopted, and to have been
communicated to the shareholders present, of whom many
were holders of loan notes, and the same notes were stated
to have been advertised in the public newspapers, and no
suggestion had been made that the indorsement was not
upon the notes at the time the seal of the company
was put to them, nor that the plaintiffs had not
notice of the resolution of the 9th of January, 184,5. At the
conclusion of the argument, his Honour said, he had stated
his opinion upon two of the points which had been raised.
First, that if in the contract between the plaintiffs and defen-
dants a time was fixed within which the holders of the loan
notes were to give notice of their intention to convert the
notes into shares, such time, from the nature of the property
in dispute would be of the essence of the contract, and
condly, that the allotment of shares which had been made
must be taken to have been made in pursuance of the ante-
cedent contract with the defendants, confirmed by the subse-
quent performance not altering the rights of the holden,
except by giving them an option of taking integral shares
instead of quarter shares, as mentioned in the contract. The
question then which remained was, what were the rights of
the loan noteholders ; and the answer to that question would
depend upon the effect to be given to the resolutions of the
20th of January, 1842, the advertisement of the 21st January,
1842. and the loan notes of the 15th July, 1842, the statute
6 & 7 Vic , c. 27, and lastly, to the resolution of the 9th of
January, 1845, and the acts which had since taken place, u
a consequence of those instruments. The first question
which had been referred to was, whether any time had been
fixed in the contract between the parties within which the
noteholders were bound to give notice of their intention to
convert their notes into shares. It appeared that by a reso-
lution of the proprietors of the company, passed on the 20th
January, 1842, the directors of the company were em-
powered to raise a sum not exceeding 300,0001. by the issue
of loan notes, under the seal of the company, payable at the
expiration of five years, and hearing interest in the mean-
time, with an option to the holders of such notes to convert
them at the expiration of not more than three years intt, one
quarter shares of the company, at 101. per quarter, under the
powers of an act of parliament to be obtained for that pur-
pose, for which application was to be made at the earliest
possible period, and tenders for which were to be made on
or before the 10th February, 1842, when allotments were
to be made, one-half of the amount tendered to be paid at
once, another quarter on the 16th April, 1842, and the
balance on the 15th of July, 1842, interest to commence
from the time of the respective payments, and on the fol-
lowing day this resolution was notified to the public by as
advertisement in the newspapers, in the following words:—
. London and Brighton Railway Company. The directors
of this company are prepared, pursuant to a resoluthin
rerat a general and special meeting of the proprietors,
le!t the London Tavern on the 20th of January instant,
empowering them to raise 300,0001. in loan notes under seal
of the company, payable at the end of five years, bearing
interest in the meantime at five per cent, payable half-yearly
with an option to the holders to convert them, at the expira-
tion of three years, into quarter shares of the company, at 101.
per quarter share, under the powers of an act to be obtained
for that purpose," and then followed a direction as to the time
within whichthe tenders were to be made. After this ad-
'