The Express.
London, England, 1846-11-10 00:00:00

NAVAL.

THE EIRUADIION OP OIMEETATION.—The squadron under
the command of Vice-Admiral Sir W. Parker was cruising
between Lisbon and Cadiz on the 2nd inst.
MALTA.-11.M.'s ships Ceylon, Siren, Hecht, Locust,
Trident, and Flamer, were at Malta on the 29th ult. The
Flamer was under quarantine, in consequence of the small-
pox having made its appearance on board of her. The
()nodal was spoken off Malaga on tho Ist inst. by the
Ardent, which vessel also passed the outward-bound Penin-
sular steamer, off St. Mary's, on the 4th inst. The Cyciops
steam frigate was spoken by the Ardent on the Gth inst. at
T. 20 A.M., about 30 miles N.E. of Cape Finisterre. The
Dutch frigates Prince of Orange, Juno, and Sombre, left
Malta on the 26th ult. for Alexandria.
GIBRILLTAIL—H.M.'s steamers Virago and Phenix were
at this port on the 3rd last.
MARINE INeners.—On Saturday last Sir W. Burnett, the
head of the Naval Medical Department, paid his annual
..vial visit to Sheerness. About 18 months ago a series of
small logs of ash, elm, pine, teak, " condie," or New Zealand
fir, beech, and oak, after having been duly immersed in his
solution, were deposited at neap tide at the mouth of the
harbour, with another series of the same kinds of wood in
their natural state. On being taken up and laid out for in-
spection on Saturday, externally Sir William's eeries exhi-
bited the smoothest surface; but, on being split open, with
certain exceptions, like the eerie+ which had not been im-
maned in his solution, they exhibited one living mass of
"pholades," the generic name, we believe, of the worm in
question, encased, where not broken, in their testaceous
coverings. The Malabar teak, in both cases, was riddled like
a sieve, as were the ash, the elm, and the beech ; the pine
was in rather better condition ; the oak was not much af-
fected; the " condi. " wee as perfect as when at first laid
down, with the exception of one single worm, who had
found his way into one of the extremities of the log which
had not been immersed in the solution. The experiment
was highly interesting, and may lead to important results.
The exterior of all the kinds of wood was considerably in-
jured by a smaller insect, particularly the pine and the teak.
As has been stated, the exterior of Sir William's series was
not so much decayed, but, as to the interior, there was little
difference from that of the other ; indeed, this the learned
and distinguished offieer himself admitted, and was at the
sesame time highly gratified at the interesting display before
lin. Some of the worms inhabiting the interior were Bor
9 inches long, while few were shorter than 2 inches ; all
were about the circumference of a medium-sized quill, and
each possessed a testaoeous covering and cell for itself. De-
Annoy its sustenance through the pin-bead opening in the
extenor of the wood, it keeps the smaller extremity con-
stantly there, while with the other, gradually enlarging, it
bores for itself with its treblcshelled proboscis a cavity in
many instances sufficiently large to admit the little finger.
According to La Mee the new French experimental
squadron is to consist of the following vessels :—The SOU.
verain, maa-of-war, with the flag of the Prance Admiral;
the Friedland, with the flag of Admiral Quernel ; the
Ocian, to replace the Marengo; the JJna, to replace the
Neptune; the Inflexible, to replace the Alger; the Jupiter.
Six steam frigates and one steam corvette, Le Pluton, are to
be added. The squadron thus composed will, we think
(says La Flee), be in a condition to make experiments on a
larger teals than those lately so happily made under the
orders of Prince de Joinville, and in which the steamers
gave results so far different from those of the English squad-
ron, the unhappy experiments of which we have already laid
before our readers.
The Cormoran, sent by the French government to the
Persian gulf to bring to France the fragments and bas-reliefs
discovered at Nineveh, arrived safely at Brest on the 2nd
instant.
oesearnsiners, Nov. 9.—Master If Harvey to the Sheerness-yard
Boy; Mieldsipman C. J. Robinson to the Thetis; Clerk Isaac Hearn-
den to the Geyser; Clerk's-Assistant R. F. Wiley to the Seullovrer ;
Gunners, G. Griffiths to the Albatross, O. M'Grath to the Medea (act-
W.,J Jeffery to Um Hammond (acting), W. Andrews to the Seagull,
F. Cooke to the Huard ; Third Engineers, T. Parker to the
bye, J. Justice to the Sidoe; Mr. John Polldrighorae has been ap.
pedaled Acting-Inspector of Shipwrights at Pembroke dockyard.
Paosternorts.—E. H. Cree to be Surgeon, with rank from April 4,
1843.

SPORTING.
TATTERS AL L'S—Mososr.
There was a batter Mlendessie &ad a large amount of bualneset
traneacted thaw *ay ASO email hum awateercit to anticipate. Pawing
the Chester Cop, ha alialt. ans.* more were mentioned, only two
INTO backed, we may males several Derby bonus as having been
=y in demend; Okay were Epirote, Allatonian, Lunedale,
argM e/wag colt, imi Bee her to Joinville. The outlay on each was,
ar the dessid4 liilaL had it will be seen that in two or three in.
SIMI= it had an 11l *a prices. The desire to "get on" was not
swami te Sias saboab, but the investments were on a smaller
oak and without adc marked influence on the quotations. We ought
got to omit dada( got Planet receded to Id to I, laid to 1501., the
takers ready top an. The following lint in made up to the close of
the betting :
CHESITR CUP (name or not).
1000 to 15 agat Burgundy (t). I 1000 to 15 agst Erin-go-Bragii (t).
DERBY.
7to 1 apt Van Tro
o 2 do.
imp (take 1000 —25 The Reft)er (do.
15 1 F. (t. f.). 1000 —25 Wauota (taken 3
15 I Planet (taken to or 4 times.)
1501.) 40 1 Bro. to Joinville
25 1 Sister to Cobweb (45 to I t.)
(())
co (t). 45 I Projectile (cti;
1000 —3O Allertonian (t. f.). 43 —1 Hart taken
33 1 Glentilt (t.40t0 11. and aft. )
35 1 tunedalc (401. f.) 1000 —2O Christopher (I.)
35 1 Mammas colt (do.) 1000 —2O Premier (L)ninter
40 I Tantiry 1000 —l5 West India
40 1 Conynetham (t. & (t. so*. times.)
a(ftt. offered).
1000 to 25 apt Conyngtuun, and 600 to 20 apt Allertordan, laid in
ewe bet; and 1000 to 20 each, apt Christopher and Conyngham,
Wane bet.
The subecriptiona to the Metropolitan Handicap fund, to be MU for
at the Foam Spring Meeting are flowing in from a variety of sources,
and with a liberality that will enable the stewards to add a magnifi-
cent bonus, perhaps 54)01., to the stake. The race will come off on
Friday the 16th of April.
BALE or Loan Howni's Hincreas.—Yesterday, Albert. by IftnorerY,
710 guineas; Glaucua, by Gleams, 161 guineas; Dahlia, by New
Fashion, 155 guineas; Jewry, by Felt, 125 guineas ; The Abbot, by
Young Sir Hercules, 60 guineas ; Licermaii. by Liverpool. 50 guineas
Oliver, by Ishmael, 33 guineas; The Prince, by Tynuft, 32 guineas.
NLWPOUT•PAtiNFL ANNVAL Srenrix-Cussii.—The following wall
omitted through an oversight in the Usta published last week, making
45 nomination:—Captain Boyle's p m Water Lily, sat 101 b.

Cabo Intriltunte.

LAW NOTICES.-THIS DAY.

porn or Cru-ZczaV, ;r Sombre lunatic
r=by order. Appeals : Laymnice v. Bowie. part heard ;
rta v. Gomperta (3) ; Maris v. Hewes (2) ; Thomas v.
Blackmun.
VicpCnkircakoss• Comes, Wesizainster, at 10.—Before Sir L.
Mudwell.—Briant v. Bryant to produce will. Cases, &c., com-
mencing, Kirke v. Bromley Union, part heard. Before Sir 3.
Knight Bruce: Meta v. Byprett, petition by order; MOMS v.3lLorrir,

motion by order.—Catises, he.: Waykc v. Cooper, part head.—
Bribes Sir J. Wigs=:: Jackson T. PkteriM to -be spoke to ; re
Brighton Hamilton,p petition by order.—Cam's, Re-, com-
mencing, Dole v. part heard.
Rome Ooc sr, Westminster, at 10. Causes, Re., commencing
Robinson v. Wall, part beard.
The Courts of Queen's Beath, Common Mess, and Exchequer, will
set in Banco.

EQUITY COURTS.—Yzerannkr.
Before the VlmCbancellor of England.
FINDER V. STEPHEN/S.—RECOMMENDATION OP • RECEIVER
RV • TESTATOR HELD TO BE IMPERATIVE.—The question
in this case arose upon the construction of a clause contained
in the will of James Bushnell, who, after disposing of his
estates in manner therein mentioned, directed as follows :
" And inasmuch as my estate and property will require more
management than I can expect of my trustees personally to
bestow, it is my wish and desire that Thomas Finden.
archi-
tect and surveyor, in whose judgment and integrity I place
great confidence, be appointed for all purposes forwhich they
or he, my trustees or trustee, may have occasion for an agent,
receiver, or manager of all or any of my estates and pro-
perty ;" and the testator directed that if the said Thomas
Finden should die or desire not to act, then that the trustees,
or the survivor of them, should appoint some other person to
be such receiver. Upon the death of the testator, the plain-
tiff; Thomas linden, applied to the trustees to appoint him
the manager of the estates, but they refused to do so,
alleging that the testator intended to leave the appointment
of a receiver to the option and discretion of his trustees.
The plaintiff consequently filed this bill against the trus-
tees, who demurred to the bill for want of equity.
Mr. Bethell and Mr. Moxon, for the plaintiff, contended
that the direction in the testator's will was net discretionery
on the part of the trustees, but imperative, and that Mr.
Finden was entitled to be appointed the receiver and ma-
nager of the estates. The case of " Shaw o. Lawless,"
5 Clark and Finnelly, was cited as being directly in point.
Mr. Stuart and Mr. Baxelgette for the demurrer urged
that these words were merely recommendatory, and that it
would be a moat inconvenient thing if the trustees were to
be compelled to appoint a manager of the estates who was
objectionable to them.
The Vice-Chancellor said it appeared to him that this was
a very plain case, and was not affected by the decision in
" Shaw e. Lawless. The testator had expressly declared that
if the trustees had occasion for a receiver or manager that
Thomas Finden should be such receiver or manager. The
plaintiff by his bill stated that the trustees threatened and
intended to appoint some other person manager of the
estates; if so, it was clear that they had occasion for one.
It was, therefore, quite right for the plaintiff to file this bill,
and the demurrer must be overruled.

COURT OF QUEEN'S BENCH.
THE QUEEN V. GOMPLETZ AND OTHER/.—CONSPIRACY
—This was an indictment which charged Henry Oomperts,
William Witham, Francis Witham, and Robert Witham,
with having conspired to defraud the prosecutor, Captain
George Pitt Rose, of bills of exchange, to the amount of
about 17,0001., by falsely representing that an individual
named Parker, who turned out to be an imaginary person,
was willing to advance a sum of 30,0001. or 40,0001. on the
security of the said bills, and the prosecutor's interest in cer-
tain mates in Hampshire, to the relief of which from incum-
brances a portion of the money was to be applied. Before
the trial Francis Witham died. Subsequently, William
Witham, the father of
_Francis and Robert Witham, was ac-
quitted ; and Oompertz and Robert Witham found guilty.
Afterwards, a rule nisi was obtained on behalf of Gompertz.
Ist, fir arresting judgment on the ground of the alleged
generality and vaguenees of the indictment, and that it
charged several different conspiracies; 2nd, for a new trial
on the ground of the reception in evidericeof an unstamped
warrant of attorney, given to the prosecutor to secure him
when he entrusted Oompertz with the bills. A rule nisi
for a new trial was also obtained on behalf of Robert
Witham, on affidavits which suggested the the convic-
tion was produced by his having been mistaken for his de-
ceased brother Francis.—Mr. Cockburn, Q.C., now showed-
cause; and Mr. Hill, Q.C., was heard on behalf of the de-
fendant Oompertz, but before the learned gentleman bad con
eluded his arguments the Court rose.