The Express.
London, England, 1846-12-05 00:00:00

NAVAL.

Pominserat, Der. 4. The Rattlesnake, Capt. Owen Rtanley,
riled vesterday afternoon. The Ajar, steam block ship, is nearly '
ready for her screw and machinery, and will go out of dock in a few
days, when the royal yacht Victoria and Albert will take her place.
Some new plan of the surveyor is to be tried upon her. The .Eslas,
42, that was fitting as a previa= store-ship for the coast of Ireland,
is to take out convicts. The Penelope stern-vessel will be ready for
Den in about three weeks.
SIMERNEN, DEC. 4.—The Drapes e. f. is in the Britt ready for
the pendant.—Euryalta, 44, convict depict, is ready for see, ant
Chichester, SO, fitting as an advance ship. In Dock : Arm v 4, ,
Horrein, 44, fitting far a block-ship, Seringapatam, 14, fitting for a
coal depot.
CHATIIAIt, Dec. 4.—lt is rumoured that the Admiralty contemplates
embodying the dockyard artificers and labourers into a volunteer
corps tor the defence of the port. They arc to be trained, it is confi-
dently stated, to the use of the great guns and small arms, arc to wear
uniforms, be commanded by the executive officers of the yards, and
when called out for exercise or training, are to be paid from 4d. to 6d.
per hour.
Mr or %VAR.—Tilt RIOT Innis.—The Carysfort, 26, Capt. Bey-
moor, arrived at Sydney, New South Wales, on the Ind of August
from Portsmouth and the Cape. —The Cleopatra, if. Capt. Wyatt,
arrived at the Mauritius on the 30th August from Quillintaine.—The
llosard, 18, Commander Berton, arrived at Singapore en the 4th
October, and sailed on the 7th for tiongkone.—The For, 42, Commo-
dore Sir llenry Blackwood, arrived at Bombay on the 25th October
from Aden.—The Pilot, If,, Commander Wilson. sailed from Madras
on the 13th of October for taint de OMB, Caicut, Cannanore and
Bangalore.
' NOMOTIONS Dr. 3.—D. Summers, boatswain, Vulture, to Ist
class; 0. Marcus, to be acting boatswain in Caledonia.
Areoortnev,, Dr. S.—Commander J. 11. Gennys, to study at
' Royal Naval Dillege. Lieuts : A.l.llnoth,Penetope; and 11. It. Gray,
L Resistance. Second Masters : F.O. Crow., Naiad ; and W. W. Kid-
, die, Medusa. Midshipmen: A. 0. 8:•tton, Raleigh; E. Barkley,
William and Mary; and J. T. Young, Arttergrit. Naval Cadets : W.
11.
Liddell, Metes. ; and 11. T. Marsden, Rosanonil. Clerk : 11. T.
Reel, Birke,head. Clerk's Assistants: A. Gordan. Resistance;
and W. Reed, Crocodile. Master's Assistants: R. Dean, Penelope;
E. Seriamore, Vengeance. Boatswain ; E. Birch, Crocodile.

MILITARY.
Tar STAFF Artois-Dv NTS.—It is gentiadly understood that Lieut.
Genend Sir William Gomm, governor and oonimander-in-chief ut the
)Mauritius, will succeed Lord Gough in the command of the army
in India. The announcement made in this paper come days since, to
the effect that Lieut.-General Sir Benjamin DT rlnnt would preeeed
to Canada as commander-in-chief, in succession to the Earl of
Cathcart, has been confirmed, as have the anticipations which we
expressed as to some other such appointments.
SPORTING.
Toe. Tenr.—Triennial Stake: are beginning to epread, and in
few yearn will, we have no doubt, be found in the programme of every
renpectable meeting in the kingdom. Newmarket, Ascot, and Liver-
pool, have already been advertised, and Catterick conics oat this seek
with the Easby triennial, and a lint of 43 suirteriptions. A similar
Make is opened at Newcuale, and several other pLicee ate about to
" pronounce " in favour of this novel engagement.
INTELLIGENCE EXTRA.—CATTERICK BRIDGE RACES, 1847.
STAKE., of 1.5 sots. each, 10 ft ; for 3-yr old fillies, at 3lb ;
mile: b f Bening, by Record ; ch t Mary Stuart ; b t Chapeau
Rouge • b Infringe ;b f Discontent: b Little Nell ;be f Alderman's
Daughter ; hr Ellerthle ; ch (Gift, by Metal.
The Snook, a Sweepstakes of 10 sots each ; for two year old.; map,
Rot 51b; and thlica, lot 21b; the Straight run in. B e Kilvington,
brother to Thirsk ; b f Contraction, sister to Diphthong ; be e by
Amassin—Mistake; eh f Camphine; br or hl e Otterburn, by the Doc-
tor, out of Charlotte ; eh c Givenclak, byStockport, out of sully Snobs ;
eh (by Velocipede, out of Porto hello's dam ; ch c by litmus—Equa-
tion ; b c Master Arthur, by Sheet Anchor, cut of Motheaten dam ;
ch fby nett:nun l'iatoff; b e by Touchstone, out of Deception; Lucy
Ashton ; b e Beverlae, by Getman Platoff; Hartwell, by Delirium.
The CHAMPAGNE STAMM of 20 soot tact, b ft, for two-year-olds ;
colts Rot 41b, and BBBw eat if IO cube. the second to nave his stake'
Champagne course, about 6 furlongs : b e Kilvington, brother to
: bk 1)oll, by Plenipotentiary, out of Toyßefecee, by
Plenipotentiary ; b f by lion John ; br or bit c Otterburn ; br or bit f
sister to Intrepid, by Accident ; ch f sister to l henry, by St. Martin ;
br f Lady Mary, by lamerrost ; eh f by Velocipede, out of Porto.
dumListon, by The Dottor ; b e by Emiliits, out of
Variation Matadore ; b f Chaff, by Pantaloon; b c licverhic, by
Iletman Plattiff; ch c by EIHWUN.
CLANET STAMEN of 10 my. each : for three year old colts, Bst 71b;
' fillies, lint 3lb. Two miles. B. c. Wildboy, by Delirium, out of Toting
Marion ; ch c Sir Mattin, by St. Martin ; bf by the Provost, out of
Mint Whip; br c Executor; b a Bannockburn; b c Deloraine ; hrc
The Liberator ; ch e New Era; br e Glean:ash, by lanervost, dam
• by Tarragon ; bc. Eryx ; b c St. Oswald, by St. Btsnett, out of
, Ariel ; be by Maley Moloch, out of Bevy Winton.

Eats Ententgenct .
LAW NOTICES.—Torte DAY.
The Court of Chancery and Vice-Chancellor' will sit at Lincoln',

inn, at 10.
The courted Quern's Bench, Common Pleas, and Exchequer, will
sit at Weldon:toter, at 91, on special and common jury cause..
EQUITY COURTS. YESTERDAY.
Before Vice-Chancellor Knight Bruce.
Ex PARTE Y*7E/I.—TUC/ITER ALT.—SERVICE OF PETI-
TION: ON PARTIES INTERESTED.—Mr. Little, for the peti-
tioners in this case, prayed that the master's report might be
confirmed, whereby he certified that two persons named
were fit and proper persons to be trustees of the fund men-
tioned in the petition, in the room of two other persons, one
of whom hail died, and the other was out of the jurisdiction.
The petition also asked that the fund might be transferred to
the new trustees.
His Honour inquired whether all parties interested had
been served with notice of the petition ?
Mr. Little said that they had not, and submitted that,
under the statute 11 Geo. Iv., and 1 Wm. IV., c. 60, secs.
11, 12, and 22, such a course was not necessary. The fund
in this case had been bequeathed in tenths to the children of
the testator for their lives, and then to their children. The
absolute owners of two of those tenths appeared upon the
petition, as also the tenants for life of the remaining eight
tenths. The persons so entitled to the remaining eight
tenths in reversion had not been served, because, in fact,
most of them were infants.
His Honour said that it was singular, if this was an open
point. There was a similar care in the Bankruptcy Act,
under which it had been held that service on all the parties
interested was necessary.
Mr. Little said he would search for authorities, and men-
tion the case again. At the close of the day he said he had
been unable to find any case precisely in point.
His Honour said that since the matter had been mentioned
in the morning, the Registrar had submitted the point to
the Vie-Chancellor of England and Vice-Chancellor Wi-
gram, and theywere of opinion with his Honour,that service
on all parties was necessary. Mr. Little must therefore
serve all the adult parties with notice of the petition, and
take the same process (analogous to service), with respect to
the infants, as was usually taken in causes.
COTODEAVE O. COTOREAPF.--CONSTRI:CTION OF POWER.
—ln this case Sir John Cotgreave had power, by deed or
will, to charge the estates, of which he was tenant for life,
with 2,000/. as • portion or portions "for any daughters or
younger sons," whom he might have. Sir John Cotgreave
had two daughters by his first marriage and one son, and
four daughters by his second ; and by his will, executed in
pursuance of the power, be appointed 1,5001. (part of the
2,000/.) to the two daughters e. f the first marriage, and the
remaining 5001. to the other daughters. The question
was whether he had a right to make this unequal division of
the 2,0001.
Mr. Bacon, Mr. Milling, Mr. Charles. Hall, Mr. Jolliffe,
and Mr. Richards appeared for the different parties.
His Honour—l have no doubt upon this particular instru-
ment that the distribution in unequal shares was within the
testator's powers. He was entitled to direct the whole 2,0001.
to be raised, and also to distribute it unequally.
GREOOItY V. WADE.—CONCURRENT JCHISDICTION OF
COURTS OP LAW AND EQUITY.—The bill wan filed to set
aside a contract which had been entered into by one of the
defendants, while a single woman, with the plaintiffs, for
the sale to them of the fuiniture and good-will of a young
ladies' school at Windsor. The allegation was that the
female defendant, who since the contract had married the
other defendant, had misrepresented the value of the pro-
perty. The consideration for the sale consisted of 400/. cash,
which the plaintiffs had paid, and 4001. secured by promis-
sory notes. One promissory note had become due, and the
defendants in equity had brought their action upon it ; and
to the action the plaintiffs in equity had pleaded fraud and
eorin. The trial rt the action was about to take place.
His Honour said that the question of fraud would be as
well tried in the action as in this suit. Ile observed that in
this case legal fraud and equitable fraud were identical ; and
he referred to the case of " Dobell v. Stephens," 3 Bai'newall
and Cresswell's Reports. He thought it better that the case
should stand over till the action was tried. This was agreed
to by all parties; the defendants in equity undertaking
to
waive all technicalities arising from their marriage since the
contract Wes entered into.
lIAYNE v. HUM—RAILWAY COMPANT.—INICNCTION.
—Mr. Malin move I, expecte, for an injunction to restrain
the defendants, Hutt and others, from ordering the re-
moval; and the defendant, Ingram, from obeying the
order for removal of certain -books from London to
Manchester. It appeared that the plaintiff, Hayne, and two
co-plaintiffs had been the committee of management of a
scheme fur a railway to be called the "Liverpool, Manches•
ter, and Newcastle-upon-Tyne Railway Company ;" that
there had been a competing scheme called the "Liverpool,
Lancashire, and North Junction Railway Company ;" that
in the autumn of 1815 the parties interested in each scheme
thought it for their interest that the two should be =alga-