The Express.
London, England, 1853-04-21 00:00:00

MILITARY.

(TROY TVESDAT'S OAZZTIZ.)
THE MILITIA.

The following consmisslon;lTse; been ;fined :
Etuign Fres'trick Stadler, to be lieutenant, rice De (banns, re-
eigted, in the .nd Somerset Militia
faulerisk enurway, gent, to be ensign, nice Smaller, f.romoted,
in dian.
Edward Sawyer, gent" to be lieutenant, sloe Perrot; resigned, In
ditto. . .

Yeandi Thgby Legard, Fag., to be captain in the Lot Yak Regi-
ment of Mania.. . . .. . .

hdmund Itoblnion, gent., to be lieutenant, Moe llopklnson, re-
signed, in ditto.
Benlsmin Blaydes Thompson, jun., gent., to be ensign, vice Rallies,
promoted, in ditto
Fre4eriek Augustus liardr, Esq., to be lieutenant in the West Essen
Regular Militia.
Ensign Jam n Macgregor, to be lieutenant la the West Kent Regi-
ment oe
Robert (atent StinFan, gent , to be lieutenant in ditto.

ii;;;; ;;;;;i:, to be to-itte iu ditto.
Robert George Uses, Rent., to be ens.ios iu ditto.
Enelstn Hes ry Broldley, to be Ileutenout In Uso East Kent Regi-
ment of Milieu.

Henry Castle, gent.. to be lieutenant, in ditto.
Thomas Mapleton Fitzpatsick, gent., to be lieutenant, in ditto.
Charles elude, great., to be ensign, In ditto.
The itoismnible Edward Weer Il igh, to be lieutenant in the West
Kent Yeomanry Cavalry.
Lieutenant Joseph Withers, to be captain in the 2nd regiment of
the Duke of Lancaster's Own Militia.
Lieutenant :ernes Thomas Bourn., to he captain, in dia.%
Lieutenant Alexander Thomas Knight, to be captain, iu ditto.
Ensign Timothy litri.tose Hughes, to be lieutenant, in ditto.
John Downes Itochiort, gent., to be lieutenant in ditto.
Theopbilus Robert ?maim, gent., to be ensign in ditto.
Thomas Pitkington, gent-, ts be ensign, in ditto.
Inreuzo Edward Desmond, gent., to be englirn (assistant surgeon),
in ditto.

Caption John Towneley, to be major hi the sth Regiment of Royal
Lane ishire
air Duncan Macdougall, late lieutenant-colonel In the 79th High-
landers, to te leutenion-colonel commandant to the At thirty Regi-
ment of the Royal Lancashire Militia.
James George John Temple, gent., to be comet, vice Cornet Morton
Grove Manael, promoted, 11l the Quota's Own Regiment of Yeomen,
Cavalry.
Cohh(lie Frinl Crepe Colmore, Esq., to be captain, aloe Master,
resigneJ, in the Royal Gloucestershire Regiment of llumar Yeo-
manry.
Rush Darby Owen, gent., to be cornet, vice hawking, who retire•.
In ditto.

SPORTING.

YORK SPRING MEETING.-WEDNESDAT.

EOLINTON STAKES of 10 sows. each. h It, with 50 addeil,
for two.yr-olds, 7st; three, Sat; mares and geldings 'Bowed
31b. Allowances for maiden horns. Three•quarters of a
mile. (10 subs.)
Lord Zetland's Ivan by Van Tromp, 2 yrs, let
(Carroll) 1
Sir C. Munck's Vindes, by Touchstone, 3 yrs, list
(Koran) 2
LONDESBOROCOTI CUP value 100 *ova., in specie, added
to a Handicap Stakes ofd sovs. each, for 3.yrs-old and up-
wards. Winners extra. Tho second to receive 10 toes.
out of the stakes. One mile and a half. (21 subs.)
Mr. It. Harrison's King of Trumps, by Velocipede,
4 yrs, 7st 7lb (Alilcroft) 1
Mr. l'Anson's Haricot, 6 yrs, Gst 12Th (Charlton) 2
Mr. H. S. Thompson's Agnes Wickfield, 4 yrs, Get
(Waddington) 3
Mr. Morris's Hungerford, 5 yn, Sst 51b (Basham 4
Mr. Beeley's Beech Nut, 3 yrs, Sat 31b (F. Bates 5
Mr. Baker's Tomato, 4 yrs, 7st 51b (Boyne 6
CONSOLATION SCRAMBLE of 30 loss., added toe Handi-
cap Sweepstakes of 5 son. each, for all ages. T.Y.C. (12

Mr. H. T. Thompson's British Farmer, 3 yrs, Est
(Hayes) 1
Mr. R. Walker's Game Tommy, 3 - est 12lb

sue,
(Charlton) 2
Mr. Morris's Sir Rowland Trenchard, 5 yrs, Bst 41b
(Bashi's) 3
Mr. H. Robinson's Billy Richardson, 4 yrs, Bst 41b
(Bumby) 4

IreNxxxxxita' PLATS of 25 son., added to a sweepstakes
of b son. each, for 3 yrs. old and upwards. Mares and
geldings allowed 31b.; winners extra. The winner to be
sold for 2001. Allowances if to be sold for less. One mile.
(3 subs.)
Mr. T. Walker's b. e by Birdcatcber, out of Sur-
prise, 4 yn. (SOL), 7st. 101 b. (Aldcroft) 1
Mr. S. IL Thompson's Sweetness, 3 yn (3a), bet.
1311) (Wells) 2
Mr. T. Mash:rotates The Salmon, 3 yn. (30/.), bat.
131 b. (Boys.) 3

LATEST BETTING ON THE COURSE.
TWO THOUSAND GUINEAS STAKES.
6 to 4 agat West Australian (t)
3 to 1 Orinoco (t
CHESTER UP.
8 to 1 agst Trifle (t)
20 to 1 Scarecrow (t to 2001.)
3-5 to 1 Nancy
40 to 1 would have been taken about Nancy to a large
mount.

DERBY.
Bto 1 agst West Australian (t)
7 to 1 Honeywood (t)
15 to 1 Cinema

- Eau intellieence.

EQUITY COURTS.-YESTERDAY.
Sans Vics.CßANcsuai Sli W. Nos WOOD.
LAW V. Till LONDON INDISPUTABLI INSWELANCI

SOCIITY.

The bill in this cue was tiled by the plaintiff to enforce
against the company payment of a policy for the amount of
2,9991., assured on the life of the plaintiff's son for the term
of two years, u alleged by the plaintiff, but only until he
should attain the age of 30, according to the defendants'
• "

construction of thelontract. The case came on on excep-
tions to the answers put in by the defendants.
The principal interrogatories as to which it was contended
that the defendants had not fully answered were those re-
lating to the funds of the company. And it was contended-
that tt was against the fund that the plaintiff must go, and
as his policy was a charge upon the funds, the directors
were trustees for him to that amount, and he had a right to
know all the particulars relating to the fund. The de-
fendants by their answer said that the company, or, if
necessary, their secretary, would admit assets to pay the
plaintiff's damages in the suit, if the court should be of
opinion that the bill could be sustained, and further they
did not answer the said interrogatories.
Mr. Rolf and Mr. Torriano, for the company, contended
that this was all the discovery the plaintiff could want, or
was entitled to. The object of the company was to question
the construction of the contract, which they alleged was
only a contract of indemnity, under which they were only
bound to pay the plaintiff in the event of his son dying
before he reached the age of 30, and he having reached that
age, and died afterwards within the period of two years,
they were not liable ti pay. They had carefully drawn
their answers to raise that point only. But the policies
being indisputable, it was only intended that the age and
health of the party being inquired into before the assurance
was effected, there should never be any future inquiry on
the same subject; but it could not bo supposed that the
company were to ho debarred from disputing any construc-
tion which the plaintiff might put upon the policy. The
whole proceedings on the part of the plaintiff were an at-
tempt to extort money out of the defendants, by a dread of
being brought before the public as a company who disputed
their liabilities.
The Vice-Chancellor said the question was, whether the
information asked was material to the suit or not, and such
as was necessary to enable the plaintiff to get a decree. lie
should give no opinion on the construction of the contract,
but assume that the plaintiff could make out his cue. In
order to do that, whether he proceeded at law or in equity,
ho must prove that there were funds belonging to the corn
pany in the hands of the party against whom he proceeded,
for the policy expressly declared that no pgnonal liability
should attach to the parties contracting under it. The an-
swer did not admit that the defendants had assets, but only
said that the company would admit assets. The de-
fendants must therefore ret out the assets which are to an-
swer the plaintiff's claim, and state in whose hands they are.

INSOLVENT DEBTORS' COURT.—YESTERDAY.
Biros' =a Caw CONIINSIONIE
IN NS WILLIAM JAMBS

This insolvent, whose case was before the court on e
former occasion' came up for further examination. Mr.
Cooke appeared for four creditors, and Mr. Sargood sup-
ported.
Several complaints were urged against the insolvent. He
had been a boot and shoe manufacturer, carrying on busi-

nese at two places. He had made a settlement On his wife
and afterwards made a statement to two of his creditors
about property he was entitled to in her right. Another
point in the came was an alleged mutilation of his account
books. It appeared that about 3001. of his wife's property
had been sold out, avid wet now in the hands of some
bankers. The insolvent had an interest in the fund, and it
aow passed to his creditors.
The case occupied some time, and was adjourned for a
week to re-invest the wife's property in the funds. It was
intimated that the insolvent would be discharged.