The Express.
London, England, 1849-05-26 00:00:00

THE FR-PRESS, SATURDAY EVENING, MAY 26, 1849.

r-ctar. Tk.ree of Dewnton's patent pumps, each of which
ie capable of throwing out from 400 to 500 aid.
minute, may be brought into play at any moment o
The armament of the Simoom is intended to be as follows:—
Oa the spar deck; two swivel guns of 112 cwt. each ; 4 do.
of 66 cwt. each—all capable of tiring shot or shell of 8 MAN
diameter; and two 32 pounders of 21 cwt. each. On the
main deck, twelve 32. pounders of 56 cwt. each. The guns
can command sny point without altering the position of the
ship. About 400 ben will be required to man her, The
Shames will be provided with a telescopic tunnel, capable of
being drawn down below the top of bulwarks. The figure-
head is Banes, pouring forth a blast of liquid fire, merle-
goalie of the icorWeg whirlwind of the desert, after which
the frigate has been named. The entire workmanahip re-
dacts honour upon her builder, Mr. Napier.

MILITARY.
(From OFFICE,asetee.
WAR MAY
lsth Regt. of 1,.-114.-Gen. J. Dorn, C 8., to te Ni., rice Gm. the
Wm. elr E. Paget, O.CH., &NM&
Roes. Hamra, Camaaa.--fies. eir G. AMP, (Lea., to be gover-
nor, Mee Gen. the Hae. Sir E. Paget, G.O 8., dee. ; Om. gbr
sere, O.C.L. to be Heategovarnor, vitae Gen. ear 0. Amon, 0.C.11

MEDICAL.
APOTERCAKIES' BALL.—Namur of gentlemen who=
th.ir examination in the meioses and practice of m
and received certificates to_praties, on Thunday last:
Smarten KINGSFORD BURON, Vanterburi.
ROD/ITT JACKSON, Scotland.
JOSITII BIUOSTOCK SHIPYARD, WWI Oxon.
HANKY TKONAS PARKE, Homan*

SPORTING.

EPSOM RACES.-THE OAKS.

The Oaks this year has excited lea than its mega in-
terest, none of the hones bathed for it having shown that
decided superiority which made the Flying Dutchman,
Tadmor, and Nunnykirk such extraordinary favourites.
Having men, therefore, that even the Derby failed to prove
so attractive as usual, we were not prepared to expect a peat
attendance yesterday. We were agr...biyaiumaista' for
in every respect it proved to be the best " Oaks Day " that
bee beam known foe many years. The company included
set emli all the fashionable. present on Wednesday, but His
EVA Highness Prise' Gimp of Cambridge. atteaded by
die SIM Capt. Macdonald, the Marquis of Worcester, Earl
aft Zarli of Suffield, Earl Spenser, Lord Andover,
Leda, and several ladies of title. The Grand
Stand 1118 crowded, and if we may judge front
the ewer state of the approaches to the roads
and die beat of the weather, that portion of it
which was appropriated to Mr. Lumley and hie seas
must have come in for more than its customary share
el patamsge. As on Wednesday, the members of the ring
Mod little isducem(nt to dwell in the town, therefore, after
a heiefeeiciarn at the King's Head, they adjourned to the
Grand Stand, where business commenced shortly after 12
o'clock. At first Sister to Arkwrhiht was baked at 4to 1,
and sto 1 laid egat Clarissa, and 11 to 2 apt Maus; Cla-
rions then cams more prominently into notice, and for a short
period was first favourite at 4to 1. Gigues next came, and
bay Sister to Arkwright, the latter having the cell at the
Isiah. The race, like the Derby, resulted in favour of a
umber of the " upper house, one of the most popular
mem on the turf. His lordship has since given the name of
"Lady Evelyn " his mare. The two succeeding noes
IMO osedested by large fields, and brought the meeting to a
ensamefal termination at half past 5 o'clock.
OARS STALES of 50 an. each, h ft ; for 3-yrold fillies,
M 71b oath ; the second to receive 100 son. out albs Naha,
and the Winner to pay 10D son. towards the polies 118g818-
Emu Mile and a half. (172 sobs.)
loalbsaerfield's Maar to Arkwrlgbt (P. 1
Gresn'sOokmertor (
Mr. Wselhers
lard areekwarteos Bea
Payne • awe lamas
Mr. F. Clarke's Lady Tryphsaa (8. Mans), Kr. Cuthbert,
jun., Emma Donna (Holmes's), Lord Stenley's Enda&
(Temples's), Mr. Orevills's Clarissa (S. Rogers), Me.
Wkitworth's Lady Jer:ey (Marlow), Lord Exeter'. Grace'
(Bartholanew), Duke of Richmond's Highland Fling
(Kitchener). Mr. Bell's Imperatrix (Buntlay), Mr. E.
Jones's Docility (Whitehouse), Mr. B. Way's Dolly Varden
(Pettit)
Betting : 3 to 1 eget Sister to Arkwrieht (t), 3 to 1 apt
Glues, 4 te. 1 aut Clariase, 10 to 1 apt Woodlark, 12 to 1
apt Escalade, 12 to 1 apt Lady Superior, 12 to 1 apt De-
afity, 12 to 1 spt Imperatrix, 25 to 1 agst Eva, and 25 to 1 l
agst Highland Fling. Dolly Verdes took a slight lead at
starting, and with a great ruck of horses laid up made
running at a moderate pace for about half a mils; it was
then taken n by Woodlark, followed by Docility, Daily
Vadat, Grace, Sider to Arkwright, and several
°then. Lady Superior, who was lad up the hill, joined'
the beady of horses at the turn, and after crossing the road
went towards the leading horses, in company with
Sister to Arkwright ; at the distance they were in front,
and in a few strides had the race all to themselva. The
finish may be described in a few words. Lady Superior
went on with the lead, and at the stand looked like win-
ning ; she was caught, however, lofty yards from the chair,
and defeated in the Anal struggle by a length.Woodlat
war beaten two lengths from Lady Superior, Eva was fourth,
and Grua fifth. Run in 2m. 56 secs.
Imperatrix, who was lying behind Clarissa, was driven
against Emma Donna at the turn, and lost her place ; Emma
Donna fell, fortunately without injury to herself or her
rider.
Maxima PLAT' of 50 sou ; for 3-yr olds. fist 71b ; four,
Bst 91b; five, Bat 13lb; six and aged, 9st 21b; mares and
geldiege allowed 31b; the winner to be sold for 200 sou, if
demanded, &c. Great Metropolitan Stakes antra.

Mr. Minsk@ Übe Syes. (H. Evans) 1
Mr. Drlnkakos Pillam I Ira
Mr. Harrisan's Mks Nras, wed (Rogers) 2
(O. DIY) 3
Betting: 6 to 2 &est Letitia, 5 to 1 agst bliss Sammy, 6 to
1 oast Wm Buena, 7 to 1 agst Pillage, and 10 to 1 eget any
other. bliss Barns went away at more, and before she
reached the tarn oat of the course, was halla-dozen lengths
in adrenal; she increased her lead in risieg the hill, and at
the mile-poet must have been at lout admen lengths ithead ;
from this point, the space between her and her followers
rapidly diminished, nod at the road Miss Bnoney caught
and passed her, went on with the running, and woo by a
length. Pillage came at the last and beat Miss Barns by a
length. Puffy a bad fourth. Run in 4 min. 24 sees. The
winner was claimed.
Denny MID 01.1.6 STALIN of 5 son. each, with 30 added'
three-yr-olds, Tat 41b, four Bst 91b, five 9st, six and aged
9st 21b ; mares and geldings allowed 31b; the wismir to be
sold for 120 Dom if demanded, end allowances if to be sold
for lees. Heats. One mile. (21 subs.)
Mr. Parlbßlaikeock. 3 yrs, est 71b Themes 1 1
Mr. C. Bakken, aged, est elk . (Moresby, kw 0 2
Mr. Daossn's Onrald, 6 yrs, eat 21b (Owtsr. 0 S
Mr. Weber's 4 7st 131 b (R. Dowse 0 0
MSC. _ 4 yrs, 7st 101 b (Wakelekl 0 •
tV
Osimrers $ yrs, 6st 31b H. Ewes 0 •
Capt. Itlelere's 4 yrs. 7st 111 b
(p= 0 0 0
Mr. Penabes OM. 4/n4 Sit 31b
Mr. Osballaslon's 16i1=, 8 Jr, let lib (llMsker 0 dr
Mr. KnikesCharieler, 4 yre, Ist lab (P. MOM 0 0
Mr. J. Wartes's Polka, e yrs, est Mb (Cr gab 0 dr
Mr. WHlMmes iillrft`f* Ars, est 416 (Abrahams 2 0
Mr. Data% Ilabeks, 3 yrs, est 10b (W 0 0
NLSO.oloo4l6mylmosr. 4 vs, list 61b ( 0 0
Me.Doegises Sim flood, 4 yrs, 7st 101 b (W. 0 dr
Pied bort : 6 to 2 arm Blackwell. 4to 1 Mut &elm% and
6to 1 egat Cybele. Won by a length.—Second heat :6to 4
sot Blacksock, 4 to 1 sgst Bokhara, and 8 to 1 apt Cybele.
Woo by • length. The winner claimed.
EMPEROR'S VASE.
3 to 1 taken about Cenesea,Tramp and ears to teks 4 to 1 etch about
llan and Meanders.

funds as should remain after settlement of all the claims and
liabilities of the company or the directors, in satisfaction and
discharge of all the shareholder.' shares or scrip. At the
MOD time, the shareholder signing the memgesudum re-
lieived • certificate of his having delivered up his scrip, and
belie. received 3i. 10s. prr share, and that he was entitled
he It pro rata divisioa of the funds which remained after est-
OEMS of the clams on and liabilities of the company. In
1188 II haiku payment of 10a. per share was made, and the
sheesbeides receiving it signed a memorandum, to the
Abet that the directors had a balance of 65,2791. 31. 3d. in
hand, and that the shareholders agreed to receive the pay-
ment of the 10s. per share, and such other rateable share of
the above balance as remained after discharging the
deb% and liabilities of the company and the di-
rectors, in satisfaction of the shareholders' certifi-
cates and all claims on the company. The petitioner
had cot concurred in the later of these arrangement., or re-
ceived the 10s, per share. AU the shareholders, however,
had concurred, except the holders of 380 shares, the whole
number of shores being 88,440 ; and the dividend of 10s. bad
been paid on ell the shirts except the 380.
Mr. Rolt, Mr. Malins, Mr. Regains, and Mr. Gime, for
the respondents, contended that the petitioner was not a con-
tributory ; that the arrangement upon which the 31. 10s. per
share was accepted amounted to • relinquishment of the
original shares and a determination of the original contract.
sad substituted • new contract, according to the terms of
the memorandum then signed. The subsequent payment of
10s. wee • partial fulfilment of this new contract ; and ft
could not be reasonable that the petitioner whose whole claim
was only 60 guineas, should be permitted to disturb an ar-
rangement in whisker) Serge a proportion of the shareholders
concurred.
Mr. Beeps, in reply, said that the majority had no au-
thority to lad-the petitioner ix such a ease • and that as ne
canasta had ever been rendered by the dereetors
peti-
tioner was justified in insisting upon the application o the
powers of the act. He was, moreover, liable to the engage
wonts of the company ; and, therefore, the amount due to
him was not the only consideration.
The Vies Chancellor said that the small amount of the
interest which the petitioner had in the company was not
immaterial, although not decisive, and that the same might
be said of the length of tints which had elapsed
since the passing of the Winding up Act of 1848 to
the time of the presentation of the petition. The 12th
section of that act authorised the court to refer it to
the master to inquire whether the circumstances of the
ems rendered it necessary or expedient that the affairs of
the company should be wound up under the provisions of
the statute. Bat the court ought not, his Honour appre-
headed, divert such a reference, if the materiah before the
court were such se to show, that it was not necessary or ex-
pedient that the affairs of the company should be wound
up. Now, on the materiels before his Honour, he should
have been of opinion that it was not necessary or expedient
to mike the order but for one single circumstance, namely,
that no amounts had been produced to the petitioner. On
this ground his Honour would allow the petition to stand
over, to enable the directors to produce to the petitioner
their accounts, and to give the petitioner an opportunity
of examining them, and, if there were any strong and
substantial ground for an investigation appearing on the
accounts, of bringing it before the court. If no such
matter appeared, his Honour should dismiss thst petition,
on the directors undertaking to indemnify the petitioner, iu
respect of wiled= upon him, on account of the affairs of the
company, of which the petitioner expressed his apprehensions.
His Honour, on the evidence, considered each apprehensions
a mere shadow, and should have thought a loss of 37/.
oat of 160 guineas a very prosperous end of such en affair ;
but of that the petitioner must judge for himself. The case
accordingly stood over.
In trainee, Noawece, AND laanotern RAILWAY
COMPANY.—RR LONDON AND EXITIR DIRECT RAILWAY
COMPANY.—Rs LONDON, BRISTOL, AND SOL TR WALBS
RAILWAY.
Mr. Matins took the usual winding-up orders on these
petitions, which were unopposed.
RE WISBF.ACH AND PETERBOROUGH! RAILWAY COMPANY.
Mr. J. H. Palmer took a similar order as to the above
company.
BASTIAN COUNTIES' EXTENSION RAILWAY COMPANY.—
CAMBIUM:II AND COLCHESTER RAILWAY COMPANY.—
NORTHAMPTON, LINCOLN, AND HULL RAILWAY COM-
PANY.
Mr. Roxburgh took similar orders in these cases. In the
first two no shares had been allotted, but the Vice-Chan-
oellor mouldered that circumstance not material.

COURT OF QUERN'S BENCH.—YnsTERDAy.
Srrmos no Basgoo.—Baron[ Loan Drawl, Ma. Jessica Farrow;
Ma. Justus Cotestroos. AND Ma. Jusnas Eva".
The court was occupied to-day in hearing Mlles Set down
for argument in the new trial psper, none of which,
however, contained any materials for a newspaper report.
Busmen or Ton Counr.—At the rising of the court
Lord Denman said it was most probable the court would
take the new trial paper on the days appointed for the spe-
cial paper during the remainder of the term.

BAIL COURT.—YESTERDAY.
B=llllO4lN BLNCO.—BLPORI Ma. JUATICE WIWITYAN.
His lordship disposed of several motions this morning, and
afterwards sat at nisi prim, but no cue was brought under
the attention of the court which presented any features of
public 'Merest.

COURT OF ERCREQUEIL—YESTERDAY.
Ni. PAWS AT Warrauirrsa.—Maaoaa Ma. BATON Pam Arm
A MIDDIJAZI CANTON JUAT.

JAMISON V. DASHINOTON.-PATMENT BY DISHONOURED

CHEQUES.

This was an action to vernier the sum of 701. paid on a
dishonoured cheque as the price of a hone. The defendant
put several pleas on the record, but the principal plea was
that no notice had been given to the defendant of the dieho-
nour of the cheque. Mr. llumfrey and Mr. Mellor were
for the plaintiff, and Mr. Whitehunt and Mr. T. Jones for
the defendant.
Mr. Humfrey said the plaintiff was a farmer in
Hertfordshire ; the defendant a horse-dealer in London, and
this was a case which arose out of what he believed was a too
common practice with hone dealers, that of paying for horses
hy cheques on beakers with whom they kept no account.
The detindant Carrington purchased a hone from a person
named Pell, and gave him a cheque for the amount on a
banker. Pall indorsed and paid the cheque to the present
plaintiff; who, on presenting it for payment, found that Car-
rington not only had no assets, but that he kept no account
at the bank, having some time previously with-
drawn a small balance, even to a few shillings,
pence, and farthings, which stood to his credit. The
plaintiff thereupon commenced the present action.
The defendant had put amongst the other pleas on the re-
tard that no notice had been given to him of the dishonour.
Now he (Mr. Hamfrey) apprehended that no notice was re-
quisite, for if a person drew a cheque on a banker knowing
that he had neither assets in the bank nor kept en account
there, he had abundant notice that the cheque was dis-
honoured. It was equivalent to a personal act of dishonour,
and hs apprehended came within the doctrine laid down in
several emerkand mere especially one decided in the Court
of Common Pleas this very year, ut which Mr. Justice Cress-
well gave a written judgment (Caunt v. Thompson, 18, Law
Journal, May, 1849). The learned counsel contended that
the case now before the court presented a question of fact for
the jury to determine whether the defendant bad notice of
the dishonour.
Mr. Baron Parke said it was a great pity that the pleader
had not drawn the declantion in the proper form. The
alteration of a very few words would have obviated the
Mr. Humbly asked his lordship to allow the retorl to be
amended.
Mr. Whiteherst objected that the learned judge had not
the power to do so, and that the alteration might materially
affect the defendant's case, as respected the evidence on the
other plies.
Mr. Baron Parke held that he had the power to order an
amendment of the record. His lordship accordingly or-
dered that the record should be amended, and the case ad-
journed till the second sittings on Wednesday next, on
payment by the plaintid of the costs of the amendment, as
well as the costs of the day.