The Express.
London, England, 1847-01-13 00:00:00

MILITARY.

Poanotorrn. J.W. 12.—This morning the let &canon of the Ilth, or
Prince Albert), Rirkiient, loft this r...,+.11, on their route to Dublin.
They were preced..l to the Elating Bridge by their own gm band,
and those of the 2nd tnieeree, and Royal Marine, whom martial airs
delighted a large osenibluge people who were abroad, between the
early hours of s.,ven non vght in the morning, to oilmen the depar-
ture of this corm. The let division of the elrd Regiment marched
in this day, frau Cbiehoder.
henna or Cot- klecouroott, or Tett ben FVPIIIIBIII—This distin-
guished ofllmr died akw ...vs since at Piymou.b. He was a native
of :addend, and at a very early age entered the army; his commie.
Pions being than dated:.-Second June 24, IM2; flew., Juno
24, 1804; Capt. in, Augmt 7, tali; Itrevet-Nlajor, July 22, 1830; and
Lieut.-Colonel, November 9. teed. Al; his promotione wrie unpur-
duped. lie served in Calabria in IltoG, and wee pigment at the battle
of Maids and taking of Catrone. In 1807 he *creed in Event. Ile
nerved also in the campaigns of 1814 and IBIS, to Holland and the

SPORTI:01.
EPSOM SPRING IMSFTIO.

•
rall TH. GREAT MICTIIOI.OI.ITAN JIANDICAI ^ 25 Povs.
/or-h; 15 it, and S ordr if tiecluird 00 or before Tuesday next, Jan.
19:—.Harm, 5 yrs, 9.1 121 h; Sweettorst, 5 yrs, 9st 9b; Wolf.
dog, 3 yrs, 94 11b; Dulcet, 5 yrs, 9,1 Ilh; Annandale, 5 yrs, 84 111 b;
Mar peth, 6 yrs, 114 12lb; Sting. 4
7 ant 12th; logo, 4 rs, ant 121 h;
Dokful, 5 yr% 81 10lb ; Queen of Tyne, seed, 910; Mimeo Mob,
aged, ant 9lb ; Akhhar, 6 ~ 8-9 9lb; CA ...005r, aged, 84 lilb; Pine
Apple, used, Brt 71b; Intrepid, 6 int, Sat 51b; Noel Rorer, 9 yrs,
fi Mb; Lady Wildeir,'S yrs, 84 Rh; The Comet, 4 yen, Sot 11b;
Dexterous, 4 yrs, Set ; The Premier, 4 yrs, P.O 31h; Arthur, 5
yrs, 84 11b; Lord Salto" G yrs, ; Laundry Maid, 4 yrs,
114 11b; Wit's-end, 4 sr', 84 11h; Refraction, 5 yet Bet ; Com-
ponile. 5 rrs, 74 1311” i yrs, 74 131 b, Roebuck, 5 yrit.
7st 131 h; -Heardine School Slim, 6 yrs, 74 LIM ; Giselle, 4 yrs,
74 131 b; Whet, aged, int 1310; lkst Rower, 6yrs, 7st 12th; Loon.
net, 5 yrs, Tat 121 h; The Lunh, 4 yrs, 74 It ; Milden, 5 yrs,
74 Illb ; Mosque, aged, het 1 ; Plaudit, S yrs, 7.9 10Ih; Mall of
Lynn, 4 yrs, int 191 h; Roderick, aged, 74 10lb; Tom Tulkich, 4 yr.,
int 101 b; Little Jock, 5 yr!, 7st 'the Duke of Richmond, 4 yrs,
74 940; Ukraine, 4 cis, 74 916; Monied, 4 yrs. 74 91h; The Magnet.
3 yrs, ist 91h; Gwilior, .5 yrS 714 910; Dridield, 4 yrs, int 131 b;
Q.CII Anne, 4 yrs, ist 91b ; Sly HAty, 5 yrs, 7st 9th ;
4 yrs, ist Sib; Falne Report, 4 cm, -et 8115; Rufus, 4 yrs.
7st Slb; Bourtoo,. 4 yr*, 74 816; Marquis of Conynglun,
4 yrs, 74 Sib;- Aral, uged, 7nt 8:b; Banana, 4 yrs, 7471 b;
Buttress, 4 yrs, 4 7th; Icicle, 4 yeti int 7th; h m by Kamereand out
of La Fine met Garde, 4 yen. ist ilb: Shrlfieth, 4 vrs, 74 ilb ;
Due an Durras. 3 yrs, 74 710 ; oir Simon, 4 yrs, 74 ; Binnacle,
4 yrs. 74 ilb; FillVllragb, 4 cm, 74 7lb ; klahostagh, yrs, 7st 710;
Jenny Wren, 5 yrs, 74 Sib; Lyrice., 4 yrs, 74 51b ; Sheraton, 4 yrs,
74 MO; Farthing Candle, 45)T., Tat sth ; Sceimilus, yeti.aslb ;
Wysern, 4 yrs, 74 Sib; Punch, 4 yrn, hat Slb ; Flitch, 4 yrs, int 5115;
Camera Ohmura, 4 yes, 7st 51b; Ihneut Buck, 6 yrs, 7st slb ; Hydran-
ges, 4 yrs, 74 51b; Tbe Little Vulgar Boy, 4 yrs, 74 31b; Sotyr, Byre,
at 31h; Lady Sarah, 6 yrs, 74 31h; Sir l'eter Lturk, 47n 74 31b;
tivarach, 4 yrs, 74 31b ; Miss Shirley, 4 yrs, 7st 1lb; TitLß, 4 yrs,
bet 15th; Cherry, 4 yr., 6e4 13th; Ileuhunan, 4 yrs, Get 121 b; The
Correct Cord, 5 yrs, 64 121 h ; 4 yrs, rot 121 h; Polka, 4 yok,
64 I 21b ; Pimento, it yrs, Gat 121 b; Ally Corker, 6 yr% cwt 91b; Hannah
Rains, 4 yrs, fiat 9.b; Feeney, 4 yrs, 64 51b ; enromk, 3 yrs, Grit 3lb
Projectile, 3 yrs, Sot 31b ; tgosier, 3 ynt, Set 13th; Devil-mo.Csre,
3 yrs, Sat dole; Queen Mary, 3 yrs, 5a 101 b ; Comae-it-Fast, 3 yrs.
54 1010; b. f. by neon, out of flippona's dam, 3 yrs, sst 10Ib; Ilals,
3 yrs, Snt 7lb ; Mooilkee, S yrn, 54 sjb ; Agnes, 3 3m, Set 51b; Mir
mill°, 3 yrs, sst 1 ; f. by Lanereost, out of Camp Follower, 3 yrs,
Set 1lb; Meaner 3 yrs, 54 Ilb ; So 11m, 3 yrs, sst llb; Pint Bonnet,
3 yrs, Set 110 ; Brother to Stitch, 3 yrs, 44 1210 Varopyre, 3 yrs,
44 121 b ; e. be Euclid, dam by Timms, 3 yrs, 44 121 b; b. f. by Llis or
Venison, out of Odessa, 3 yrs, tst 12lb ; Emerald Isle, 3 yrs
i 4st 121 b.
N.B. If the highest weight accepting in under 844 716, t will be
rained to let 71b, and the others in proportion.

lath Elm Chance.

EQUITY COURTS.—TESTERDAT.
Before the Lord Chancellor.

Wcaa V. GRACE.—GIFT TO A WOMAN NT Di:ED.—Rs-
PTHAINT ON MAILILIMIE.—This WAS an appeal from the
Vice-Chancellor's decision on the construction of a covenant
in a deed, dated in 1802, by which Mr. Webb agreed to give
Elisabeth Coale', who had some time previously cohabited
with him, and bad children by him, an annuity of 40/.
during her life, but in case she married, then only 201. a
year. Elizabeth Castles married one Elborough, in 1805,
and from that time she received the reduced annuity of 201.
without complaint, being wider the impression that the
condition in the covenant wee imperative. tpne the
death of Mr.. Webb, in 1828, who, in his will, referred to
and confirmed the deed, a suit was instituted for adminia-
ttetion of his est ite, and uncler a decree of reference in that
suit Mee. Elborough, being advised that she was under a
mistake in law in aupposieg she had not been entitled to
the full annuity, presented a claim before the master for the
full annuity, and for the arrears then due to her. The
master disallowed the claim. She then presented a petition
to the Vice-Chancellor who wax of opinion that the claim
should be allowed as the condition or proviso fur reduction
of the annuity, being is restraint of marriage, was against
the policy of the Lew, and therefore void. The appeal from
that decieion was argued on the last day of the sittings of
that court at Lincoln's lon, and the circumstances of the
case, as well as the grounds of the arguments on both sides,
were reported in this paper.
The Lord Chancellor, on that occasion, said none of the
eases that were cited had a cogent application to this as they
were all cases of gies by will, hut this, being • gift by deed,
by contract, to which there were two parties, we* very
dif-
ferent, and he therefore desired a search to be made for
decisions in cases of that nature. The case stand over for
that purpose.--Mr. Spence and Mr. Winstanley, this morn-
ing, in support of the Vice-Chancellor 'e order, referred to
several cases to the effect of chewing that the condition in
the deed was void as being in restraint of marriage.—Mr.
Bacon and Mr. Montague, contra, insisted that the cases re-
ferred to did not sustain the decision appealed against.
The Lord Chancellor expressed an opinion to the 'Wein
that the present state of the came precluded him from
deciding this question. The master reported that the
annuity was only 20/. The decree afterwards nude adopted
the report, and the decree could not be alttredou a petition.
&bill of review would alone enable the,court.to allow a final
decree.
The counsel on both aides urgeslon his lordship the ex-
pediency of deciding the question without *tether expense,
declaring that the parties would all be williag to accept Iva
lordships judgment.
The Chancellor
epee,
that
repeeeerdsdieri
desired
the
necessary papers to be delivered, to him.

Wore the roe-Clisseenor of Magnin.
INSOLE v. FEATHERSTONELAVOH.—FIILL TRANSACTIONS.
ALLEGED UNPAIRS.IIIA.-7he Vice-Chancellor delivered
The
in this can, which was argued in December last.
The plaintiff mss a termer i Worcestershire, and requiring,
some years ago , to borrow stoney, consulted with his sun,
who was a soli char in partnr rahip with a Mr. Corbett. The
plaintiff Was then introduced by Mr. Corbett to the defend-
ant Mr. Fe athorstonhaugh, who bad been a chemist at
Worcester, I and was in the habit of lending money, and in
July, 1839, a bill fur 1001. was discounted by the defendant
for the ph kintiff. A number of transactions of a similar
nature too It place between the plaintiff and defendant from
that pen id down to the month of March, 1841, when
the Plait stiff, having become indebted to the defendant
• oonsid erable sum, executed an indenture whereby he as-
swed / kis life interest in 127/. per annum (left him by the
ill of his uncle), for the purpose of securing the sum which
was tk en due to the defendant, and all such further sums as
the 1 efendant might advance up to 1,0001. The plaintiff
short ly afterwards became much involved in his cimum-
stet, :es, and was obliged to sell his farming stock, which pro-
thee ed, with the crops upon the farm, a sum of 1,1761. A
bit .of sale on this property had been given to the defendant,
se/ co received the proceeds, and a memorandum was executed
b ,tween the p'aintiff and defendant, by which it was so-
.nowledged that all accounts were settled to that period,
with the exception of particular sums, for which the assign-
ment of the plaintiff's annuity was to remain as a security.
The defendant subsequently claimed to be entitled to the
whole interest assigned by this indenture, whereupon the plain-
' tiff filed his bill, alleging that the assignment was intended
only as a security for the money remaining due to the
defendant, and preying that the defendant might be declared
• trustee for the plaintiff as to the surplus beyond that tun,
and the bill prayed that certain documents and bills of ex-
change in the defendant's pomassion might be delisand up
to be cancelled, and that the defendant might be ordered to
render an account of all monies due to him and received by
him. Much evidence was produced on both sides. Poe the
plaintiff it was contended that he was a man unused to busi-
ness, and had been imposed upon by the defendant. On the
other aide it was urged that the plaintiff had acted under the
advice of his son, the solicitor who bad been concerned in all
the proceedings, and that every transaction had been con-
ducted with perfect fairness between the parties.
The Vice-Chancellor said he had desired to read through
the whole of these papers, because it was evident that • very
grave attack had been made upon the characters of several
persons; and there ware express chargin in the bill that some
of the transactions which bad taken place between the
parties were fraudulent and void. He could not see that
them charges were in any manner substantiated. It appeared
I that the plaintiff's son had been mixed up in all the negotia-
tions, and had sanded in preparing the deeds; and if there
had been any fraud it was his business to have warned his
father of it. The bill alleged that the father was anaemia-
tooted to business, and unable to understand any amounts
but farming accounts. His honour thought that this spans
of knowledge was quite sufficient to have guided him
through
the several transactions alleged to have taken place
could see no ground for supposing that any fraud had been
intended, but the spirit of the plaintiff seamed to have
led him beyond his judgment, and induced him to state
more than he could prove. He should, therefore, dismiss
the bill with cops.
COOPER O. Wants—BlLL POE AN ACCOUNT AGAINST
RAILWAY frtRECTORS. QCESTION AS TO NECESSARY
Pairrna.—The Vice-Chancellor delivered judgment in this
case, which was argued on the 17th of December. The bill
was filed by J. Douglas Cooper on behalf of himself and all
ether the shareholders in a company formed for making a
railway from York to Lancaster, against Sir J. Webb and
the other persona forming the committee of management of
the slid company. The scheme was provisionally registered
in O ctober. 184,5, and deposits to the amount of 132,0001.
We'ee paid up upon the shares allotted by the committee.
Toe bill failed to pass the standing orders of the house, and
the project was afterwards abandoned. The directors then
gave notice that the aura of 36,e581. had been expended by
them in the necessary expenses, and that they intended to pay
back to the shareholders 30s. per share out of the deposits,
and retain 10,0001. in their own hands to answer any farther
liabilities ; at the same time proposing to the shareholders
that they should execute a release of all claims upon the
directors, and give an undertaking not to commence an.7l- pro-