The Express.
London, England, 1847-04-17 00:00:00

MEDICAL.

Tit Isclteolll/LA Pam—.lt We ii;o.7Oeeting of the Council of the
College of Surgeons., these prize. were awarded to Mt. T. Callaway,
jun., for hie "Dissertation OR Lurations and Freetures of the
CLletele, Scapula, and Scapular end at the filament', and Treat.
meat;" and to Mr. E. Mime, for his " Disertation on Asphyxia;
its various Conies, Perms, sod Treatmant."

SPORTING.
EPSOM ItACElL—Flenag.
The B ring meeting on Epo3llltrowne—the second tinder • manage.
went which seems remand upon dot things on a grand male—
" came off " yesterday with the most brilliant success, a result ascrib-
able in some meseure, no doubt, to the fineness of the weather, but
chiefly to the extraordinary improvement in the character of the
' stokes offered for traspetition. On the sport we need not dwell here:
it will be men that. notwithstanding the abuse to literally bestowed
siz..% hamar., • large field of horn.' came to the poet, and that,
one el die highest grade imaginable, they ulToeded as good
and eitalisg• inns if one and ell had boasted the blcod and caps-
Miss das Dialyse. The attractions of the 114 were not congaed
to thievish prise; It was backed up by Sir Gilbert leatbeoten Trial
PIM, • vmmetable two-year old stare, and two other races in heals,
L oesmsig a bill of fare that afforded ample ecope for speculotion,
and left De most ravenous turgte nothing to wish for. PrrriOtt, to
entering Pis the details of the Mimes of the day, two or three site-
, ratioos IMP have been mode since our last visit to the Downs
should be noticed. The Metropolitan Handiest° ma run for
nod tel.
=llll •
.•iek.% .if the boor plgir.rig!fleathootei trainer,
mid MY al at the mil one mile ond a quarter. The ram
bearings an Me nes ammllated to the peat handicap
MAM 25 so m. each, 15 ft., and
I Ifu=a •
lirobi."11111 is of 0
MoMe contributed by the innkeepers of
the Yet, MOM monntot to 6001., and the net value
of the is to. winner, doer of athleticism for the second sad
third Mem tee, radkal comieding the stake in igte by
6201. Me same too was different; Mateo of one mils and a Tsar-
' ter, It wen two milen and a quarter, the homes starting atthe winning
chair, yessoodlng up the course to ths road, turning out of it to the
right, odor wee the bill, with a mand, end into the old coma
aepls et as old mile.pcst, thus rom sight all the way. We
have herd opinions exprersted in famed the course run last yang;
we cabs to a leaning that way; the new one is Dot only I
halm but of DeCCT.E... expeleandimkeys an isomeMerJest
Meow the light ta. The mown however, oeftr. od
gel* mdelled with ae they Medd amo, sad en a mew
gun
nee hoe set hem vithereed mei ea
It he the Writ ef nearly Meg the 094
and et Muting the meet immereme morublige ever
men ea Igoe= Kew= ea rmy ether them • Dm* we Oils day ; the
knee linden ardid le ream•MY levee& a wry beery outlay
for Ingrovemenle lathe Mod sad as die ewer. The =maw vie
the erne is bit . Ni. Clark ocisegiallis chair be lee ring
ad ea Med; Mr. Ilihbad vessisstee. and Mr. ibwaing
alert the maim This del is now two' almost sem met.
tog of note, ind le amides that their mama duties were latimilMY
rily pregame{ le me merely an act aped's., theni, but la nem-
sary,'ln ordeolsohm Mind& and race committees how my Si le
to preplan*** owners of race.borses, by moiling timmerbos oaf Ike
services ef Masa who see above alt suspicion, and of whore eloodlo
not • doubt can be entertained. One minor Mute in the anmegh,
merits remains to he noticed; we mean the rithesiinsin
hitherto entrusted to that experienced atom, It,. Onelem.Mel
now under the Mimi of Mr. Lumley, of Myra, who n biterdne.
wee Kiddy meditate to hheeelf, awl eatisitotory le the pant.
The elememmsed at halt.paet eies, belterAtor than vdo
isseele=ydregomd; owing to this, the diem, aid Ys is ef ttme
ley the zediresere of Pen Kell,lt wee mete wee Woe
the eamirizeuel.e seM • 1 to °mamma a &dr oid bitterly mil
Mee win not modem be eabied our ranee*
mother MM le demo Mot Clorroset premed hew dillernit
to Kele ben molded !meld Owego 111_111.103 dm lir
Handhosp. skies mnramm ale inn Kenai, Mt Breaker la
Stitch. sail weak he he owner Kt NKr •lone onn In bath
Anatitget the ea
LeibmeeryKK eee la the Mese were the be dmiaomeask K, Nabteeth A. Lamed. a.
lawatere .49900. OrKet. Strullumeee. 0. fflowears, K. litsert,
and E. Mem% Omit loglityany, DM Copt. Rereti2=st
Pitt, O. Dm OoL Ps{ %l(nos, •
Payne, MeNdar, Palmer, will^ O. ire, M.%
8. Stanley, 0. IL Mein, Pettsi, 9. L Fox, Orommelha, be. -
Taut. Brans (of 6 Neee. sea. with 50 KKK be three year slat
7st ; and bur. est. Owe mile. 9 onto.
Mr Worn% Gabbier, I yrs (Kll9ll
Mr. O'Brien.' lab Pay. 3jot
(bunt !Latime% 4 yes (T=
Game Marworeuvem Bras of uses seek lf f.,. mg
only If &ohm{ art.. Mk Unaided. The mollusk le emetee seed
and the Wale sea, at at the Makes. The wlamiras:
towards The wines of the Newmarket elk 111: -
Great Wake le any Mb., if both 71b.,
Mom. eW. ' • •••
Mr. Deems%wesir Cimcot, S he Mb Mee{ Jr..) •-•
Mr. Mom% Wellies Ipi, Kt Kb (Putter) I
Lard Chosimilies KINN tyro, he 11 .. —.(Dockeray I
The felisbteg Meted. bet we set Paced
Little's*, The Owner, /Who, b sby Moot:tor Lint
MK Owedde, haft lberotek Krairmed, The Correct COW
et• lborik Biwa! bfbyDi or Valid
eat etMm„ Ware. d Onyeheet. M 1 apt=
We" le I agst Cleaf, le I mot Keellso, is I opt •
ide, Mite 1 sea rod 'Ed thlemma&llle I edit ITAS -
ad 16 t mei opt aid Didah Joh le
iii e Work as a geed pm, mid
Mho
ble, Creder, Thraepte, Cbefermt. sod erne other 1101
weights Ding at end dee heavy wdobte Is Se art e. Very Edo
Knew in diersoble mill they our mod the tarn one the alb
poet whin Kowa Mane gave way. snil Zti ldlmald tale remise
est is the kit. Mid down two or theme Ye Set ths rope
emir her bor. a.l emly by • miracle romped put her
set Kee Nee. lea ha itUteb still led at ageolpeee, kyfrese-
enektbdeent Oka the
_third plea to the ifilmee, Were Weer
_,49b2SWieri=be hemmemeeema. vieballeasilmodeg
We teat elber maks Ike Weiner WWI WV so
bie ail e. We Owe. diwelimemoky ammo. du&
to Ditch i • wel =Obi essi aried, ammis
rig rbr • wok only, anti Illsiggsy Mobs agog she pm
Dream to lititeh, Ovralbe finished ma billieradfoorth,...=
22
a boil SW, and Pine Apple sixth, the others brim oft Run in 4 KIK

--Two Yu. caw Oman of 10 son. mob, with 25 added; colts,
he fib., fillirs, Minx Half a mile. (11 subs.)
Mr. beillerb liseaspe (A. Dal 1
Yr.
Mir"' . (Nt 3
(My 3 •
The she sbies• bat we. not 11;4 Ptobienew, Da&
Riding Hood, Awkward. ,
RAILWAY firms at 6 lova each, with 23 added ; (or 3-yr-d„
est Mb; tear, Set hill; tin, let 21b ; en and aged, As. Kb ; ware. and
plies sibread Mk Brats, 1 wile.
Mr. WaaleTp Desesem, 4 yrs. (Sty) 1 2 1
Doke at Mehmsers Pall-Itt4l, 3yn rib:Meer) 21 3
Mr. Death% Owarseha, 1 yrp WaltelkMl 4 3 $ 2
81r G. Ileseherle's aby Velaoii.4 yrs
The ant beat was won by a Me sewed by a neck, and the
third by • bump gat Lux ifir Ira *et baton the
alms to =
al
Ileserwle Ail
is emmonsme d IogJM holing thrown her
hee me
Renew Mom Onus at S rem VIM 111 ailed • tor 3 r dill
Wit lab; 4, It ISM: 4 11M 1A; 16 ltd,lrt MO; maresas
edam§ Jewellas. Ikets,HaNs Mb. (12 aka) i
Mr. Widow ow Dram Swift. S yrs ....... ....(Dumen) 1 L'a
Sir. Drinhalts Hyderabad, 3pc -(11sielmon) 2 2
Mr. W as Peg, S yea (thookha 4
Mr. Death's Demme% 3 1
t .:.
Mr. J. Mitc Le
hell la Dew, yn
Mr. Lasedenb Treat. seed •--,4 ~ ,f
Mr. E. ran'a Are, 4 yrs
ii \4;
°•••.'
Mr. R. Ibrwett's ellsworhs, 3 yes
432 Mus z. ) • ..1
Dlr. Mostrab Mammy, 2 yra
Dee Mies ME diewiy. __ `-' • . ....„ , , w
• '
es.
.... ...... pi
tIZ.,, 1% 4: Vi
- :... •• w Ira

BICTTINO ON THE DOWNS.
TwoTsoloso:.•GOUNla• 0r40.5.-1 to 4 Era PlozA. 3 to I I.g.t

03;;111bme-
comma Car. —ll to 1 apt Mice. 13 to 1 opt Th Lamb (t), 13

10 Oemost.
Thaw.-11to7 agot Plaivt. 7to I sett Valk Rana. 14 to I apt
Osersems, SO LI I yit Try Liberator, 15 to 1 as 4 WanotA ;i),
110 to I opt Mt. Martin. Ili 1 apt Oserek.

tale lute Manta.

EQUITY COURTS.
Before the turd Clisaortler.
MOILAT AND OTANI/ •. AIATON AND OTIINNII.-01-
POND AND BINKINORAM BAILIVAT.—CONTINT INTWIAN
TNN ORIAT AT ASTION AND TUB LONDON AND NONTN
W LATINA RAILWAY COMPANINAL—This was au sweat from
fb Vice-Chancellor of England's order, urn ruling de-
murrers pot in by the defendants, alto are wine of the
directors of the first-named railway company, to the bill filed
against then by others of the directors, and some of the
shareholders. Mr. Bethell applied to the Lord Chancellor
to direct this appeal to &tend over until the motion for an
insertion Igniter the defendants pending before the Vice-
Chancellor should be disposed el'. The Lord Chancellor re-
fused the implication, observing, that if on the heari.g of the
appeal he should be of opinion that the demurrers ought to
be allowed, then there would be no ground for the in.
junction. bit F. Kelly afterwards proceeded to apse the
appeal on behalf of the defendants, but had not eon, uded at
haltpaat Poor, when the further hearing was adjou ned till
nest day. The mrcumstanoes of the case and nature of the
contest between the two great railway companie. {Great
Western, and London and North Western) have been very
filly reported in this paper.

Aram 13.
(Before the alee-(aeacellor of neatest.)
MosLir •. ALSTON. BlRKl3loltan AND O‘rona
ftsii.Wsr.--CuNDOCT Or TEM DlaserOlta.-111r. Wil.eoek
conducted the arguments in support of the motion fur an
injanetion. Sir Pits:Toy Kelly, in opening the gees for the
debodanea, the twelve directors of the Oxford and Birming-
ham Railway Company, said he regretted that tlie
plaintiffs had been advised ea to instruct timir
counsel as to make die questions in this muse,
cttra effecting the personal character of the defendants,
of limiting themselves to dealiag with the legel
points ; but as they had thought proper to take that mut a,
it was incumbent upon him to do the same, and to investi-
gate fully the eircumnassee as they affected one side and the
other. le had no doubt the result would be that it would
tarn out that each party had endeavoured to act as he
thought best for his own interest. lie sincerely believed it
would appear that the defendants had endeavoured te the
atnaost of their power to obey the law, and give effeet to
the intention of the legislature, sad that the plaintiffs and
the persons with whom they were connected, had, from the
first moment of the passing of the Act of Parliament, antis°
rising the construction of the Birmingham and Oxford Rail-
way, deliberately acted on a previously formed plan of in-
directly thwarting the expreo inter:tie& of the legisla-
tare. There was no use in concealing that the plain-
tiffs were, in fact, representing the interest* and wishes
of the London and North Western Railway Company, and
that their object was to set aside the act passed by the leen-
laws. It was well known to every one that at the time
when the Oxford and Birmiagbant Act misapplied fee, many
discumious arose, and it wee long before a decision was come
to—the great bottle being whether the London and North
Western Company should have • monopoly of the traffic
from London to Birmingham or whether a competing line
should be sanctioned. It was at last derided in opposition
to the inter ate of the North Western Company. It was
plain to every one, and the North Western Company per
ectly well knew, that the object of the legislature wee to en-
courage competing lines, and that In consequence of such
determination there was inserted in the Oxford and Bir-
mingham Arta clause that the company should be allowed to
lease or sell their line to the Great Western Railway. It was
thought desirable when the act was passed, that there should
be not one line only, but two lines in a northerly direction
from London, so as to connect the metropolis by a new rail-
way with Birmingham, Oxford, and other pieces in the
north. It was a great question of public expediency, and
in all the questions which arose during the last session of
parliament, it was distinctly acknowledged that the principle
of competition should prevail—this principle was carried out
in every instance ; and in a speech made by Mr. Glynne, at
• meeting of the shareholders en the North Western Rail-
. way Company, it was actually stated by him that this Oxford
and Birmingham line had been granted to their *detrains*,
because it bad been decided that competition should be en-
eouraged. The directors of the Oxford and Birmingham
line, who were all pereons of tke utmost respectability, had
endeavoured from the first to carry out whit they understood
to be the wish of the legislature. and if they had erred in their
judgment, it was not until they bad used every means of
ascertaining how they ought to act; they had taken the
opinions of five of the moat eminent gentlemen at the
English bar, and the question now to he decided was
whether they were to retain their appointments as directors;
whether, supposing they had been misled in the line of '
conduct which they had adopted, they were to continue
their lawful status as directors until the mistake could be
rectified, or whether the Court of Equity could interfere by
Injunction to enable the plaintiffs and their supporters to
force the defendants to break the contract they had entered
into ; in ether words, to aunt the North Western Company
in doing away with the powers coetsined in the Oxford and
Bingingbam railway act, and render it altogether • nullity.
The charges made againet the defendants were these, that
they had sacrificed the interests of their shareholders by
entering into the centract with the Great Western Company,
and that the meeting at which the resolution was passed for
ratifying this coatraet was packed by the defendants; that
they had interfered to prevent the great bouy of share-
holders from receiving the sealed certificates of their shares,
on which amount they were unable te vote at the meeting.
As to the contract being contrary be the interests of the
shareholderi, he would confidently assert that the directors
had not sold the railway for one 'guinea less than its value.
If they had parted with it for less than they might by due
diligence have obtained, he would say, let the injunction go;
but this was not the ease. The Great Western Company
had agreed to give 101. ss. premium upon each 201. share,
and it bad not been stated in any affidavit that a greater
sues could have been gotten from any other company, te-
mpt the North Western, and that was put out of the question,
ler there was no power to sell to them, and the North Western
Company knew perfectly well that the legislature would never
amnion their purchasing it ; they would be stultifying
thalami's's* te allow such an act; but it was easy to see the
object the plaintiffs had in view • when they found they
paid not obtain permision by the 'act to purchase the line,
they thought they could at any rate offer so high a premium
to the shareholders as to induce them to sell the shares, and
when once they had obteined a majority is their favour they
might put • stop to the &smell°. of the line, and thus render
**powers of the act uselem. As to the amalgamation of the
Wolverhampton and Dudley Railway, the simple facts
were these: the Great Western Company were willing to
purchase the Oxford and Birmingham lute ; but as it bp-
rZtdadvautspeous. that the Wolverhampton and Dudley
ay should be joined with the Oxford and Dir.
aiingheen, the Great Western Company said they would
E;oetterhigher price if the two lines were joined and sold
: for this purpose the amalgamation was effect-
ed; there was nothing wring in this conduct—it was
demo for the advantage of all three railways.
Upset the question et the &metros having packed the meet-
lag, he would dew that thieves a false and unworthy de-
fines, met up Mthe Impels surrounding an imputation upm
the ebenaokr of these gentlemen. The issuing of sealed
eertiliselso Ind estidag whatever to do with the right of the
sleanhelene Me mean, The sealed certificates were very use-
ful and worm, be some purposes ; few instance, they were
required as muldense or title in a Goad of law, but they were
nem reiminnt ler the sale or transfer of shares. When
the tranedir or shares bad been registered, the title of the
bolder of math shares was complete, and upon attending a
meeting it was eoly neessery to examine the register book,
sad that wee salleloat le usable a shareholder to vote. In
this ease the dirialre, ler the purpose of giving every
beaky to the Wes of gulp, had actually kept
=the reghtmetion book to the very day upon
k the mesa, woe held, although they wen
mot required by due est to reigieerr -transfers within
gamete's depot endi Then was very little doubt
bat that the Moe Werra Cempesty had boon at this time
purchasing up Si the demo they add obtain and dividing
them omega their Eder* In order to prevent the contract
with the Great Warr bon being carried into offset, but
net haver beer ado to obtain a majority of votes they
andeavoored M eery& meeistion be the sailenrumest of the
meeting to par bodier thee. by the Ur orelea of the
Railway Or roe Oproldatioa Ad It tor preleed that the
ardor of dr dant a a& le samara
all se aerial la
aerial bolo whirr of oripathe dde
if each sti
e-re-
holder is the lire drools apeelited; aeverthelies the want
of our modiere redd not recent the holder of any
rime her apart Omer ;an ley the 78th section it was
Nara that whose erne etwald stand in the n-
eater of imuhelYm ea the babe of sire Arid for the
=earn at osyreetbegbodeared the ode=
; end ea ell curaree the ore of ark
&mid be ellowed as tits vote is rasped of owl draw It
was eel eek derfore, tad the biro et sealed antilleates
did set emir a elgbt of "elms bet that any person whose
sane was rightered as the WNW ethane word be entitled
to mute—this then Moped of the charges made against the
diredueo. It would nee be hb duty to miter into the law of
itseet Ma as it affeseed the pretest application for an in-
.—The learned counsel bad not concluded his ergo-
meats wham the court nee.
Aran. N.
MOSZLIT v. Aurrore.—Sir F. Kelly resumed kis argument
la this cam ea behalf of the defendants this morning, but
was shortly stopped by his Miaow, who said that it appeared
to him that the Birmingham and Oxford Railway Company
had not hem served with notice of the motion for the pre-
sent injunetioa ; and asked how that fact was ►This appear-
ing, upon inquiry, to be the ease, the Vim-Chancellor said
he thought it would be only atrial right that this should be
done, and it was therefore areuegsd that the motion should
stand over until the company had bees served for Tuesday
neat

Bebe* the Mester Piths Lira
Lir se Lampe GWOLUIL 6esoon.-oegrazuswriox or
Ilaeresee RIPOZT.-BMLOXIMPt OP stme Bounty TOR
WI CONDUCT OP TOO 801001..-430• dint of this appli-
sides was to love a ecralirondma of dr iseater 'a report,
ha which le lioni thet the priesmittehmeliran at the shoe
&wit, woo voil di salad to assolamodate
the teenaged member of misim;dritit was deglimble for •
am embeetiesme tele balk eggs the Os edema& gee, end
thetsiditlesel bad amid be persheeed ter the ergotism of
laille ga. tar the to esagebe thomestrie ba The
make elseera seeemessoli Omit is pine et lead adjoin*, ths
ell peeteleme ma belestibeg he the egelealestical monis
ignites, bides petit the prepeety of the church of St. John,
kite elms. of Lev* *mid be purchased for that par-

pose. He also found that a great portion of the charity pro.
party was oopyhold, and that it vim deniable that power
should be given by act of parliament to the trustees of the
charity to enfranchise it; and he recommended an applica-
tion to parliament fir that purpose.
The Muter of the Rills confirmed the toaster's report in
the above particulars, and referred it back to him to settle a
bill for enabling the trustees to enfranchise the property. A
new scheme proposed by the rumor for the conduct of the
school was also gone through minutely, and in some respects
altered.

Beam Vice-akaneellor linight Inman
Swint. v. McDonotTom. Patvitaos viol! AlainnT.
—CONTSMPT or COUKT.—Process of contempt having been
issued in this cause against Macdonald, one of the defend-
ants, for non-payment of COS :11, he was arrested as he was
going from the court of Mr. Commissioner Rolroyd, to
whom be had presented a petition for protection under the
the 5 and 6 Vic., c. 116. The commissioner bad refused
Mscdonald's application, but upon the arrest being made,
be was appealed to a. to the propriety of the arrest, it being
alleged to be a contempt of his authority, but the commis-
sioner declined to interfere. Mr. Roger. now applied to this
court, out of which the process had issued, for the defend-
ant'. discharge. Mr. Russell and Mr. Elderton opposed
the motion, and cited List's case, 2 Ver. and Bea. 372, an
which Lord Eldon If • person going to make an
affidavit before a master was arrested, this court would dis•
charge him ; but &judge would not ; as the application must
be to that court of which the proceeding is a contempt"—
The Vice-Chancellor mid that it was unnecessary for him
•

to say what he should have done in this cue, if the applica-
tion bad been made in bankruptcy, or if the dictum attri-
buted to Lord Eldon in List'■ ease had not existed ; but ILO
that dictum WM before him, he must refits. to discharge the
prisoner.

Beau vice-aisacellar migrant.
Maisel:it v. KIBILIWHITI.—ABOLONIIIINT OF Ax-
ImiTT.—Under the will of the late General Hugh Stafford,
• sum of stock stood invested in the names of trustees, to
provide for the payment of an annuity of 6001. a-year to his
widow for her life, to her separate we. The widow after-
wards married Colonel Maxwell, and in February, 1836,
joined her husband in an assignment by way of mortgage
of .5001. &leer, part of her annuity of 6001., in consideration
of 5,0001. to the Clerical and Medial Insurance Company.
In June, 1839, Colonel and Mrs. Maxwell assigned the re-
maining 1001. a-year, as well as the 6001. a-year subject to
the claims of the Insurance Company, to a Mr. Allen, who's
interest was afterwards transferred to one Holdsworthy.
The suit wee instituted originally by Mrs. Maxwell, by her
neat friend; and upon her death continued by her husband fur
the purpose of setting *aide the first assignment to the insu-
rance ether, on the ground that it operated as • grant of the
annuity, and had not been enrolled. Mr. Harrison appeared
for the plaintiff. Mr. Hominy and Mr. J. Daily contended
that as the plaintiff had parted with all his interest in the
annuity to Allen, by whom it had afterwards been trans-
ferred to Holdaworthy, the latter party was the person, if
any, and not the plaintiff, entitled to sue for the purpose of
setting the annuity aside.
His Honour was of opinion that thc plaintiff had no interest
to sustain the bill, and directed that it should stand dismissed
unless upon reading the pleadings he should find a reason
for coming to a different conclusion ; should he do so, the
case would be mentioned again in a few days.

Abergavenny against his descendant the present earl, to re-
cover the value of certain deer in Eridge Park, Sussex,
The came wee tried before Mr. Justice Coltman at the sittings
after last term, when a verdict was taken for the plaintiffs.
Mr. Serjeant Talfourd new moved fora rule to show cause
why that verdict should not be set aside and a new trial
had—first, on the ground that there wee no complete verdict
pronounced by the jury; and secondly, on the ground of
miedirection of the learned judge as to the question on which
, the eau was to turn ; and thirdly, on the ground that if the
question was correctly submitted to the jury, there was no
evidence to warrant them in finding fa the plaintiffs. The
substantial question to be raised WWI, whether the deer in
Bridge Park, &uses, were personal property which
should pass to the executing of the late earl, or whether they
belonged to the Inheritance by reseon of their being wild
and nareclaimed. In order to settle this question, it was
nursery for the jury to decide upon the evidence,
whether the deer were wild, or whether they must
be considered tame and reclaimed. If wild, they
would pus to the present earl Ns the heir ; if tame, to the
plaintiff., es executors of the late earl. The ury were also
called upon to say whether they convidered that Eridge
Park was an ancient park, with all the legal incidents of a
park, or whether its boundaries had been altered, in
such a manner se to prevent the identification of the original
enclosure. The jury returned a special verdict, which was
taken to be substantially in favour of the plaintitis ; end Mr.
&dean% Talfonrd, on the part of the defendant, contended
that the finding wee incomplete and unaatiafactory.—Rule
nisi granted.