The Express.
London, England, 1849-01-12 00:00:00

NAVAL

Ponranotrrn, JAN. it—The An maul, at.-h., from the
seaward, anima doting the den at st. Mks* where the bss oft-
Mend, awaiting • Peoutable opportunity atoning ate harbeet, no
at piserst it Mars • ban pdo teem the meth—Miver, st, haw
mare ham Itstoml.—OmMen kr • gram umber a hand.
empippa in awing bet poop, eappring, md otherwise engaged ha
preparing bet tor ses, as it la Mimi tha she sheath many the ma
math's mail to the oast a Africa.
MOVIBYRNTS —By adviora from Caps of Good Hop* to the
lbth Nev. we learn that the Seringstatem, Named, imam; Bird.
mid Easthampton wen in biZIMIIe•

MILITARY.
A OkILIIIIION COURFKAILTI•I. ht Dahlia
New Tear's Day tee re trial of two soldiers of 11. 1:11
upon • charge ef strel Won. It ewers that to the amt=
April last Itivats Therm Worms. etre 17tre Wars, and Mere
George W at the Mk 11.011 end reseeded t
raking a gestetwarirm‘shfsa trawler of the Wt.
eased era trust des Mr rogrier kW the 17th Lassen by repro.
rola, themselves r lecaors thank to may Um wen.: Eth
nue la asp way retried to orb ether. Tee this sorter the two ft&
diem already tamed were endersed babes a garrison oteet-sterdat.
convicted end senteneed emit to two mouths' imprisonment with hard
labour, which they an Dow twingeing in ties &stria sailitery
prism

SPORTING.
TATTEBOAWO—ToVIOSAT.
NOILSIUMPTONSUIZI Brows.-230 to 10 opt Wu
Cagle (t).
Lir saran &reams Camille-20 to 1 eget The Iron
Duke (t).
IllgritooOLlTAN HANDICAP.—BO to 1 sgst The Tait',
(t), to to 1 +pt Lugar (t), SO to 1 apt EtTh Sth
Cuanza Cur.-40 to 1 eget Mrs. loft (otrto t 63 to 1),
30 to lagat Gerolate It to 201.), SO to 1 eget Chanticleer (t), SO to
30 ragle>•aa (8,000 to 43 1), 1,000 to 10 The Impostor,
Laneaborough (t and sit off). ..hantSclecr and were booked
for a good deal of looney, and theft supporters, we below, wouLl
have gotta as at 30 to I.
DROBT.-5 to 1 apt Scott's lot (t to 1001.), 30 to 1 eget
Pressley (t to 211.). 33 to 1 apt linanykirk (t), 1,000 to IS apt
Chatterer (t and aft at)
0333.-45 to 1 apt Steeled. (t to 1001.)

3Latto Entelltatatt
EQUITY COU ItTB—Yearenxthi. •
Beton the Lard Cbaseellor.
This was the first day of Hilary Term. The Lord Chan-
cellor took his seat at 10 o'clock.
Bx. THOHAR KIAVILT, IN RE THR NORTH Or
ENGLAND JOINT STOCK BANK. —" CONTRIROTORITA "
UNDER TH. ACT 11 & 12 Vic . C 45, /OR WINDING UT THIS
ACCOUNTS OP JOINT STOCK COMPLNIVI.—This was an ap-
peal from an order of Viie-Chanc Her Knight Bruce upon
these farts: In the year 1838 the above Thomas Reavely pur-
chased 56 shares in the above-named joint stock beide for
his son, Thomas Iteavely the younger, who was then and is
still a minor. There shares were purchased by the father, as
agent for the eon, with moneys advanced by a Mrs. Bandy
the minor's grandmother, as a gift fur him, her grandson.
He was duly registered as a proprietor of tee shares in the
hank as if he were of full age. It was discovered by the
hank public officer or manager that the party
was a miser. This father had signed the receipt*
and Welders for the sea' and received the divi-
deltas on the thane. The father, upon the requisition
et the bank, and to provide against the contingencies that
might arise from the irregularity committed in trsinsterring
shares to a minor, by an indenture dated in 1842, reciting
the faetsnow mentioned, covenanted with the directors and
ntanagsm of the bank that his eon, whilst he should be under
age, should pay all calls on the shares, and all other shares
teat might be afterwards purchased for him, and should ob-
serve and perform all covenants and agreements contained in
the bank deeds of settlement ; and the father also me, nanted
to indemnify the directors and members of the bank against
all coats that they might be put to in consequence of the said
irregularity. Ten other shares we• e purchased for the tan
after the date of this deed. It was lately resolved by the
bank directors to wind up their accounts, and to take &dem
ur of the new act, 11 & 12 Vie., e. 45, for the purpose.
Au order Wail accordingly made on their petition to refer it
to a Master in Chancery to take the accounts and wind up
the affairs of the osespany. A goestien MOPS before
the master whether Thomas litaavely, the father, ware
in respect of the 66 *home, a " contributor" liable to
contribute for the payment of the debts of lice hank, in the
sense in which that'term was used in the second section of the
said act.—The Master hell that the father, though *
trustee for his son, came under his covenants in his behalf
within the meaning affixed by the legislature to the word
"contributory," under the terms of the clause "or other-
wise howsoever liable," and the father was acdonlinrly pt't
on the list of " cnntrihutories" as " • contributory without
qualification." Upon a winos' before Vice-Chancellor
Knight Bruce to strike out the name, his Honour held that
the master was right, and refused the motion, with costs.
Mr. J. Russell and Mr. Mailisty were now heard in sup-
port of the appeal motion, end they contended that the
tether was not a member of the company, and therefore not
a "contributory.' Admitting that he might by his acts and
covenants have made himself liable to pay the debts due froth
the son to the b nk, he mill could not be held liable to
contribute. If the bank bud maths to divide among the
members, instead of debts to pay, the father would
not he entitled to a division of ptofits. They refund to the
wording of the second aecti-in, and also to 76th, 78th, and
83rd melees, end the interpretation clause, to show that the
appellant was lint liable to calls as a shareholder, and sub-
mitted. offer other arguments, that the Muster's arid
Vice-Chancellor's decisions were wrong.—The Lord Chan-
cellor, without hearirg Mr Roam or Mr. Hegelian), whO
appeared for the respondents, said he was of opinion that
the Master and the Vice-Chancellor came to a correct deci-
sion under the circumstances, which his lordship steed. The
father purchased the shares for the son with the grandmo-
ther's moneys, representing that the son was of age, con-
trary to the tact, end on that representation the veudors of
the shares and the officers of the Bank acted, and the infant
was registered as the proorietor. The father w:-.6 called ore
afterwards to correct the transaction 110 far as he could, and
that he did by the deed of 1842, undertaking that the son
should do what he was bound to do it be were of age. It
wee clear on the Royalism' et the act that liability to contri-
huts was not confined to members or share-
holders only, but intended in terms to executors, devi-
sees, heirs, &c., under none of wnich classes, however, did
this psr y rank, but then came the additional expressiotur
" or otherwise howso ver," wider which his lordship had no
doubt this party was liable to contribute as included in these
words beyond all doubt. The motion must, therefore, be
d imniesed.
Mr. Bacon asked that it be dithered with costs, to which
the L rd Chancellor assented.
IN THIS NATTER Or Dyes SOMERS, A LUN/ITIC.—Upon
the application of c to-morrow (this day) was ap-
p einted for discussing the question of costs in this matters
which was reserved by his lordship upon dismissing, before
the vacation, the petition to supersede the commission.
DAVI/1 O. Kinosroxn —This appeal was only opened
when nice lordship ruse (at two o'clock) to go to a Cabinet
Council, as was stadersto id

Before the Plot Monitor of Englswg.
Tun ATTORNIT-UINENAL v. 1 NZ SAUL OP STAMFORD.
—ALTZ/LATION IN TOM KULPJI OP THE Muiviiiintrem
Oneistwau ficuoot.—The Vice• Chancellor gave judgment
in this ease, which was argued before Christmas. The facto
were fully reported in the &liras of Dec. 7th and 12the
It appeared that the Manchester School war founded in the
16th year of Henry VIII , and certain rules were laid dowse
in the foundation deed for the regulation of the wheel, and
various ezhibitlous,were established. In process of time the
accumulated surplus of the revenut a of the school amounted
to a considerable sum, and an information was filed for the
purpose of having a fresh scheme prepared, and new regula-
tions made, for the school. The case was argued before Lard
Comenham, who gave judgment upon it in Nov., 1840, and •
reference was directed to the master to settle a scheme—Me
lordship at the time upraising his disapprobation of the
system which had been adopted of allowing the
masters of the school to take private pupils as boarders, and
such hoarders being allowed to participate in the exhibitions.
In 1843 the case came before Lord Lyndhunt, who was them
chancellor, when the decision of Lad Console= was modi-
fied in this respect, that his lordship thought the masters
ought to be allowed to take boarder, under certain restric-
tions, and the matter was again referred to the master. The
case now came before the court for further directions, but
the only important objection raised to the scheme was upon
the subject of the masters being allowed to take boarders. It
was contended that the dimity was originally intended fog
persons of the poorer elan, and that the natant of taking
boarders wis contrary to the intentions of the founder. The
relators, amongst other alterations, proposed to dispense wale
the services of a mathematical muter, and that hie duties
should be performed by the assistant marten ; that the pro-
, pert? of the charity should be maraud in a cliff:trent manner,.
by which a saving would be produced; that de trustees off
the school should be select d from person; residing in the
town of Manchester, and not from the opulent residents of
the neighbourhood, and that no boarders should be allowed
to be taken by the masters.
The Vice-Chancabor, in giving judgment, said the great
question was. whether, considering what had been done by
Lord Cuttenham, and afterwards by Lord Lyndhurst, he
could now make a dieree, which professing to follow Lord
Cottenham's decision, would apparently go beyond it to I
certain extent. Lcrd Cottenham had made a decree with •
general declaration, and afterwards Lord Lyndhurst had re-
versed that part of it relating to boarders, sad directed a re-
ference to the Muter to inquire whether the taking og
boarders in the mode at f resent adopted could bo attributed
to may unction by the trustees by virtue of the powers given
them under the statutes to reform the regulations of the
school. It now appeared from documents produced before
the court, that at that the marten had done respecting the
taking of boarders, had bet u done ex mero mote, and
he thought, therefore, that the whole hypothesis upon +hide
Lard Lyndhurst had proems lad was totally invalidated, and
that so far from the facts of the case supporting the ht pee
their, they would have justified an extension of Lord Cot-
teuhain's decree. His Honour thought he was bound by
the view he had taken of the law applicable to this question
in the Tiverton school case, and he would therefore be justi-
fied in making a declaration in general terms, that ne
burden should be allowed to be taken bybe any ;of the
en '