The Express.
London, England, 1853-02-16 00:00:00

BLACKWALL RAILWAY.

The half-yearly tweeting of this company was held
y_esterdoy at the London Tavern, Bishopegate-strub J.
DANIILL boring taken the chair,
Kr. Kasitar.h, the secretary, reed the advertisement
convening the sautlag.
The report (which bee already append in the Ex-
pose) WU taken as read.
The CHAIIIIMAN, in taking a review of the different para-
graphs of the report, dwelt on the satid•etory state of the
company's affairs, and the great improvement ia the trails
compared with former years. la respect to the raising of
further capital, It would be NM that the principal object
of it was for wideralag the lies at Stepney. The
time bad wired wine it Weenie obsoletely neceuary to
do so for the protectors of the interests of the proprietors.
Their powers for widening would expire in July, so that if
they had not made an immediate application for an sewer-
Woo, they would have had to make a fresh appeal to paella-
meat, ',kid. might be two years before completion, during
which time the variesa properties would become much
more enhanced in value, and thereby more 'amulet, to the
company. (Hear, hear.) The companies with whom they
were in alliance were likely to bear a fair proportion of the
large increase of interest to be paid by this company for the
sew SS W. as they would have increased accommodation
Ia I street by the sow arrangements. The Chair-
men Ora mewed dr adeeder a the report and accounts.
Mr. Elmer sessaded Imo sdes, which was pound snit-

min=
• tad eels. per slum wee speed to.
Mr. Lea aid Cartels KumLie, the directors, were re-
elected.
Hir. Roes tliwaght they might expect some good from
the line to Southend. It would shortes the journey to
Landes so much from Ramsgate that the majority of that
traffic might be expected to come over the Tilbury Rail-
• Paoriurroa looked with sweetmeat at the enormous
same spent oa the City terminus. The Blackwell Railway
wee like the Hippopotamus, having a very enormous head
sad a very little tail. (Laughter.) Ile hoped the re-
volter this freak espestUtare would be profitable to the pro-
platen.
A vote of thanks was reused to the chairman and direc-
tors, and the meeting adjourned.

RAILWAY.

Yesterday the first annual general meeting of the
proprietors in the above (=palsy was held at their Mikes
ew Broad-street. Col. DUNCAN 81111 took the chair.
From the report we take the following extract
The share capital has been subscribed in full, the eon-
tract wit, the Honourable East India Company has been
executril, and the reprints measures have been taken for
obtaining the act for incorporating the company during the
present session of parliament. On the let of October last,
the sum of 112,600 i. being the amount of the original de-
posits and of the first cellos the whole share capital of the
eompaay, was paid into the treasury of the East India
Company, and interest on thiaemn has been atcruinr since
that date at the rate of 4 per cent. per annum. Under
the contract this interest is payable to the company half-
yearly, on the 30th June sad 31st December, and the war-
rants for the same will be imbed amordingly to shareholders
early is July neat."
Ties report was carried igamai
The melodies of dineterssalit2d *tor then took plea.
• vote of thanks having beta gamed to the chummy the
nisetiag separated.

lim isttelitgence.

HOUSE OF LORDS.-YESTIERDAY.
APPELLS.

Their lordships sat this morning to hear appeals for the
first time since the recent reassembling of parliament. The
peers present were--The Lord Chancellor, Lord Truro, and
the Earl of Orkney.

Tu SCOTTISK MASH'S INSURANCI C or Guts-
oovr, Arram.aars, e. l'uttusa, RICOPONUINT.
This was an appeal from the wooed division of the Court
of Session in Scotland. The appellants were the Scottish
Marine Insurance Company of Glasgow, and the respon-
dents wen James T 'formerly writer in Greenock,
and now parliamentary solicitor in London for himself, as
part owner of the ship Laurel, of Greenock. and as assignee
of Mrs. Anne Me Gregor, or Stewart, widow of Andrew
Stewart, merchant of Greenock, and of Henry Erskine anti
Alexander Hankins Johnstone, part owners of the ship.
An action was brought by the owners of the Laurel to re-
cover 1,0001. and interest, as the insurance on the freight of
that vessel, effected with the Scottish Marine Insurance
Company en the ground that the freight had bun totally
lost through the perils of the sea. The vessel wu in-
sured "at and frrm Quebee to a port of dis-
charge in the United Kingdom, and as regarded
the freight, until it was safely lauded and discharged."
The whole freight was valued at 1,500 L, of which the
Scottish Marine Insurance Company accepted the risk of
1,0001. ; which was to extend, in additionlto the usual perils
at sea, " to all of ter peril., lures, and misfortunes that
have or shall come to the least detriment or damage of the
said goods end merchandises, or to any part thereof."
Another polity was effected between the same parties on
the ship herself for 1.5091. ; the appellants Win? thus at'
once underwriters on the ship and the freight. '1 he vessel
sailed from Quebec on 16th July, 1842, with a cargo of
timber. On 27th July she came in contact with an iceberg,
which so damaged her that from the nature of her cargo she
must have sunk ; but she was brought into Liverpool on
11th August, where she was moored outside the dock,
grounded and sustained much additional damage. The
cargo, however, was discharged, and • sum of 1.4021. 2e.
was received by the respondents from the consignees of the
timber. They, however, gave notice to the underwriters of
• total loss; which claim was resisted, and the action
brought. The jury found that the vessel was a total lose,
irrespective of the decayed timber and deficient sails, leav-
ing to the decision of the court a question rained by the
defenders with regard to their right to compensation for a
proportion of the freight. That question was decided by
the court below, in favour of the claim of the insurers ; on
which an appeal was brought to their lordships' house, and
tin judgment of the court below alarmed. The present
appeal is against other respondents.
lror the appellants it was contended that the voyage here
Insured hung been performed, the cargo delivered, and
the (night earned and paid, no loss of freight arose on
which a claim against them could be founded, and that at
all events the respondents could not necver more than the
smoant which was carried off by the underwriters under
the abandonment of the shin ; and that, as the respondents
were allowed to retain 4591. 12e. Id. from the proceeds of
the freight, that sum ought to be allowed in considering
their claim. . . .

For the respondents the argument was substantially that
they were entitled to recover under the policy on freight,
because, considering the tuts established by the verdict,
" freight," in the proper or legal sense of the word, was
never earned by any one, but that the goods recovered
were only salvage ; and because the freight, if it was
freight, was, if not lust altogether, at least lost to the re-
spondents, and that not by then own act, but by the perils
of the sea.
Sir F. Thesiger and Mr. Willis appeared for the appel-
lants ; Sir F. Kelly, Mr. Serjeant Byles, and Me. Burnie,
for the respondents.
The arguments were not caudated when the house ad-
journed.

EQUITY COURTS.—YurnaDAT.
swum To Warn or Tas flaws.
H•nr v.

This ease came on ea exceptions to the Master's report.
A Mr. Stone, by the fourth codicil to his will, bequeathed
I,OOW. out of his insurances in the Palladium and Amicable
others " to his dear wife Mary Ann, for her advantage and
that of Emily her child," and he likewise bequeathed her
5001. " to be used for the benefit of the dear boy Frederick
Be: aley lien." By a fifth codicil he bequeathed his wire
4,0001. to be paid out of sums due to him for contreets
with the Suth Eastern Railway Company," to be used for
her own and the children's benefit." The caw originally
came before the court on a claim by Frederick &malty
Hart to be declared to have an internt in the 4,00 W., and
it was then referred to the Muter to ascertain who was
meant by " the children," and the Muter had found that
the testator meant his children by Mrs. Beasley. It was to
that finding that exception was now made.
On the part of the plaintiff, it was alleged that Mr. and
Mrs. Beasley were never lawfully married. Plaintiff was
an illegitimate son of the testator, and Emily was also his
child, but they were by different mothers. They, how-
ever, lived in his house at the time the codicil
was made, and were treated by him in all re-
spects as his children, and it was contended,
therefore, that by "the children" the testator meant
Frederick Beesley Hart, and the defendant, Emily Beas-
ley. On the other band, it was stated Mn. Beasley was in-
duced to live with Mr. Beesley on the celebration of a
fictitiou marriage. They lived some time together as man
and wife, when he informed her that the marriage was not
legal. She then left him, but subeequeutly went to live
with him again, and another marriage tuck place at Calais ;
but in consequeue of the omission of entries in the consu-
lar books, as required by the act of parliament, this mar-
riage also was invalid. At the date of the codicil Mrs.
Beasley was enceinte, a fact of which the testator was aware,
and It was contended, therefore, that by the term " the
children" he meant his then living child, and the child that
might be subsequently born.
His Honour held that " the children" meant the plain-
tiff, Frederick Beasley Hart and Emily Beasley, and that
consequently the exception most be allowed.
Mr. Roupell and Mr. J. Lloyd appeared to support the
exception, and Mr. 8.. Palmer to rapport the Master's re-
Port.

Zama Ifxsesurcsues Kamm
PINWZLL r. Ror.--IxatccrioN.--Scorce

Thin ass *she on a short time ago upon Motion for an 1
isdenaleM be *strain proceedings in a Scotch court, and
the disched*Chit being prepared to enter upon the defence I
an hmlettokiws was given by Mr. Roy that no farther pro- I
undloge should be taken until the hearing.
Mr. Anderson and Mr. Kerslake now moved to commit the '
allnedlant for a bone& of the undertaking, and then moved
for es injunction in the tonne of the prayer of the bill to ,
vulvas the defembeat Maye hi. mamdateries sad agents,
heat POINISSZL:: aides asmiewesed la the Court of
Semis= la the pkinlYb, as assignees of
the Mate of Arrhibalde=bell, eel hem continuing the
snuestments upon the rants of the eelabe of Loeknen, or
Weir out exemelest er eery area dillismase or process
the rol mid Pentad awed Wm said Archibald
Dell
in Seeded.
The facts elfin ens were them _that an action had been
beeuK t in the flemleas Court of IMetland in the year 1848,
by Roy against Mr. Campbell, ea the that Mr.
Campbell was his debtor to the am ()areal., in respect
of a airmen transectim with regard le a bill af eschew*.
Mr. Campbell bed ~windy carded ea betimes in Bag-
lead cadhad Mem a bankrupt ia Magjend. and a emu-
Weiss el beakregley wee men against him when the
beleemasetioned ssiM. was in the Bench court.
In the m
ilers of that aides dm aleat Hoy was degrees,
iiifegzibin of gen*/ the enigmas M berme pentium to the
awl the gave lima arise that they might=
wish him. 'they, however, dedieed the sem and he
eimmenesd a separate seam whet the assignees.
the of which was, theft la the event ot Roy
his claim spinet Clamplell—thet is, in
the mat of its base decided that Campbell
waa a deka* to Rey la respest et the bill of exchange,
then** Roy Ina gadded he naive a share equal to the
dthidmile Mesh might be drawn by the other ereditots
hem Osamisell's estate. It appeared that in the course of
the mien 11111111ftleats bad been laid apes the estate of Mr.
Campbell in whisk had been conveyed to the
assignees, sad the WM et enel armaments was that the
mats lithe witatesseld as be remised pending the action.
This bill was samegeently fled to restrain the proceedings
in the asides awl Mdo awn with the 'manumits • and it
was etmlemiell **ft used to proceed with
his claim against the mignon, or Campbell in the Bank-
ruptcy Court In Ragland and not in an action in Scotland,
to recover out of the Scotch assets.
Mr. Bacon and Mr. Oiffard opposed the motion on the
ground that this court had no jurisdiction to restrain pro-
mediae in the Scotch Court.
The Vise-Chancellor in giving judgment said upon the
motion to commit Mr. Roy for beach of the undertaking
he wu clearly of opinion that the undertaking had.been
broken by the pro eedinge being continued in Scotland.
He did not attribute any intention on the part of Mr. Roy
to oppose the order of this court, but his agent seemed to
have acted upon a mistaken view of the state in which the
Scotch proceedings were. However, the only object of the
motion to commit was to have justice done, and as he in-
tended to grant the injunction it was useless to allow the
motion to commit. 'I hen as to this motion for the injunc-
tion to restrain the Scotch proceedings it appeared to him
, that the action was of a very strange nature. Mr. Camp-
bell had been made a bankrupt in England.
His assignee. were English, and the whole of
the estate had been assigned to them. The ob-
ject of the action was in fact to get a de-
cree from the Scotch court that he (Roy) was en-
, titled to substantiate his claim in the English Court of
Bankruptcy against the assignees to be paid an equal share
with the rest of the creditors. He was very doubtful
' whether such an action could be carried on, or whether the
Court of Session in Scotland could make any decree which
would have the effect desired by Mr. Roy. At any rate,
the most proper method of proceeding was in the Court of
Bankruptcy in this country ; and his opinion was, that
under all the authorities upon the subject he had power to
interfere to restrain the proceedings. He should, therefore,
grant the motion, with costs.

COURT OF EXCHEQUER.—YasnaDAY.
Omni*/ A/ GIIIIMALL—Imas Ma. Bum Maim AND
COMM cu s`.

lISDOZZ e. Nut[.—SINQUIAII DIYINCI.
This was an action on two bilis of exchange, one for
311. 10s., sad the other for 201. The defendant denied the
seeeptances, and pleaded a set-off.
IL,. Barjeant Wilkins, with whom was Mr. Hawkins,
apposred for tin plaintiff; and it,. Wonlay for the da
fondant