The Express.
London, England, 1853-12-10 00:00:00

NAVAL.

The Queen, on the nomination of the First Lord
of the Admiralty, has conferred the appointment of aide-
decamp to her Majesty, vacant by the promotion of Rear-
Admiral the Hen. N. Stoptord, on Captain Chas. Graham,
C.B , now in command of the Rodney, 90, in the Mediter-
ranean. Captain Graham, the brother of Sir James Gra-
ham, is the sbth on the list ; but of this number 29 officers
hold either the G. 8. P., or the A. D. C. There are four
junior to Captain Graham who have been thus rewarded.
Captain Graham has served about 24 years afloat, on all
stations. At present the appointment is merely honorary.
and will continue to be se until Sir W. Symonds gets his
flag rank—perhaps two years hews.
ADMIRALTY, DEC. 9.—APPOINTMENTB.—Ceptain
L. F. H. Weir, to the Waterloo, 120. at Sheerness.
Lieutenants—O. F. Burgess (1849 j, to the Erlitiburgis,
biS, steam guard-chip, 350.h0ne power, at Portsmouth ; J.
H. Carr (1815), to the Princess Royal, 90, at Portsmouth ;
L. 0. Grosvenor (18.52), to the Barone, 70, Guard-ship of
ordinary at Chadian' ; and C. IL Robson (1851), to the
Cruiser, screw steam sloop of GO-horse power at Wool-
with.
Second Master D. F. Clements, to the Dasher, 2, paddle-
wheel steam vessel of 100-horse power, at Portsmouth.
Chaplain Rev. C. 'l'. Combe, to the Princess Royal.
Mate A. Dent (18.52), to the Boseasren.
Naval cadets J. Short, J. Tracey, and P. P. Laurence, to
the Rosman*.
Naval Instructor R. C. Saunders, to the Roscatcen.

AILWAY

DURINJ TEE PAST WEEK.

lionpalleslooloray Journal.)

Nun 01 IWles7.

194
45,630
1,e60

.418
7,802
649
708

Rau) intelligence.

EQUITY COURTS.-YESTERDAT.
61,.4►41AT.

IN RE &AGM'S TRIATR.
In this cue • railway company had purchased • portion
of the estates in the cause, and the purchase money was to
be paid into court and invested in consols.
Mr. Bacon, Q.C., appeared in support of &petition pray-
ing that the company might be declared liable ;to pay the
brokerage charges for Investing and selling out the money
arising tram the purchase.
Mr. Speed, on behalf of the railway company, opposed
the motion, and stared that, for the last twenty yeare, the
practice had been merely to pay the amount of the purchase
without any addition in respect of brokerage.
Mr. Erskine appeared for some of the parties interested
in the pufcburs-money.
The Vice-Chancellor was of opinion that the railway
company ought to pay the charges in question; the money
paid for lead ought to come to the hands of the parties in-
terested free from all deductions.

IN T*ll MATTZZ U► COLSONS ZSTATI.

This wan a petition for the payment of money out of
court which had been paid is under the Trustee Relief Act.
The testator by his will, dated Bth Nov. 1817, devised two
estates, called respective:, the Hall-court Estate, and the
Shidfield farm, to hi. two sone John and James Colson for
terms of ninety-nine years, if they should so long live, with
remainder to their first and other was, in tail male, and
divers remainders over, with a strict prohibition agaiost the
cuttiag of timber for any purpose whatever. The testator
then gave the sum of 2,0001. upon trust, yearly for the term
of sixty years, if the rules would 6o long allow, and if not
then during the lives of his said two sou., John and James,
and the survivor of them for the period of twenty-
one lean from the death of such survivor, to
pay and expend the interest, dividends, and an-
nual produce, or such part thereof as might be
necessary in keepine the dwelling-houan and other build-
ings of the estates settled by his will in repair, and to ap-
ply the surplus equally between the persons in pommies
of the said estates under his will during the continuance
of the trust, and immediately after the enpiratios thereof
to pay over the capital, one moiety to the person thou in
possession of the one estate, under and by virtue of his
will ; and the other moiety to the person ia peseeselon of
the other estate, provided such persons should be his sons,
or descendants of either of his sons ; and if not, then to
divide the capital equally among the descendants of his (the
testator's) brothers and sisters, thee living, per capita. The
testator died in 1830, end the estates tail given by the will
had been barred. The testator's sons therefore claimed to
be absolutely entitled at once to the sum of 2,0001. The
descendants of the testator's sons and brothers and sisters
amounted to upwards of 70, and by an order made on a
previous day, the Vice-Chancellor had ordered the petition
to be served on two descendants of each son, and two de-
scendants of each brother and sister, to represent the
family.
His Honour had reserved his judgment, and now said—
He thought there could be no doubt the testator intended
that this sum should be entirely for the benefit of those
who took the estate, which was there given in a particular
way. Those parties had in effect made themselves absolute
owners of the estates, and they were ultimately eatitled to
the whole of this fund—to the income immediately and to
the capital ultimately. The trust upon which it was given
had is effect expired, because the clause restraining the
owners of the estates from tutting timber had ceased to
have any operation. They bad enlarged the estate to
which they were entitled under the will, but that did not
make it the less an estate under the will. The law gave
the parties the power of aceelerating the time when they
would become absolutely entitled to the fee simple in the
estates, and he thought the possession of the money might
also be accelerated.

COURT OF

r.-YESTERDAY.

RIPON% rk. COSOILISION
IN RI JACOB WiLIWIT.

The bankrupt bad kept the Griffin public-honse, at the
corner of Hely well•street, Shoreditch. This was the meet,
leg for choice of aseigoses. It had been adjourned from a
previous day, the choice being contested amongst three sets
of creditors. Eventually, Mr. W. C. Caldwell, tailor and
draper, of Cannon-street-road, the pstitioniag creditor,
was chosen trade assignee ; Mr. Bell is t►e oMcial assignee,
and Mr. Buchanan the solicitor under the bankruptcy.
The bankrupt's liabilities are stated at about 1,2001.; assets
between 600!. and 7001.

WORN Ili.
IN is SWIM, V

nra COVIJIIIIPI.
I, AND LIDDILL.

This was an old bankruptcy, tke flat being dated u far
beck as 1831. The bankrupts had traded as But India
merchants in London•street and Calcutta. The failure wu
e considerable one. There was a dividend 'seating to-day
is the separate estate of Ferguson.
Mr. Yenaell, the official assignee, stated that a sum of
money, between 3,0001. and 4,0001, had recently fallen in
to the mate, and would be applieable to a dividend among
the creditors. The amount of dividend will be announced
in the usual way.

INSOLVENT DEBTORS' COURT.-YESTERDAT.
WM* MI. 001111111•01112 Mt Inn.
tie Ili JAMBI JOSZPII IRON STIR.
This insolvent was opposed by Mr. Montagu Scott, the
secretary of • loan society.
The complaint was that a debt of 161. 4s. had been con-
tracted under false pretences. The insolvent, who bad I
been before diseharaed under the act, was ate of three par-
ties in a note of hand for the money, payable by weekly
instalments. Scott stated that he was to raise 1,0001. on
some property of his wife, and on the faith of the property
advanced the money is question.
The insolvent said the advance was by the loan society,
and for Dow his brother-in-law. It came out that 7s. 6d.
was charged as interest, and 2s. for inquiries.
Mr. Commissioner Murphy calculated the interest at
7s. 6d. for 151. 4s. It was 12!. a year for 151.
Mr. Commissioner Murphy was
,of opinion that the in-
solvent was entitled to kis discharge. Looking at the rate
of interest charged and the evidence in the case, he could
not say it was a debt contracted by false pretences.
The insolvent was ordered to be discharged.