The Express.
London, England, 1858-02-17 00:00:00

NAVAL AND MILITARY.

Anwiwxy, FRB. 16.—AProniTuarre.—Liente-
=Ms J. O. 0. 11Pliardy (1866), to the Excellent,
ship, at Portsmouth ; end W. H. Andersen (1849Mthie
Victoria and Albert, 2, paddle-wheel steam yacht, at Ports-
mouth, vice Prince Ernest Leiningen, promoted.
Surgeons W. E. O'Brien (1856), sad M. P. 8. Ward, to
the Calcutta, 84, deg-ship, East India station.
Paymaster W. T. Biddlecombe (1852), to the Buryilue
61, some steam frigate, North America and West India
station.

Andstant-Btugeons A. Stevenson (1832), and W. 0.
Roberts (1M), to the Calcutta.
Acting Aegataat-Bargeon IL Rodgers, to the Calcutta.
Anshitant Clerk W. Phillip, to the Earplug.

SPORTING.

NOTTINGHAM SPRING MEETING-TrupAT.

Tsz TRIAL Branco M I SRL lath, With SD added. fa Smola asd
upwards. Albania mad assass. Use raga (14 rubel
Mr. J. Parka. Muth" by Orlando, out of Marta Lyme, 3 )
labb .... . . . . . 1
Mr. T. raii's otiti '4;4 2
Mr. Blealwask Marauder. I yes 64716 (Way) 3
Barba, Barba Lord Mean, 4 ye. la 1010 (Includes( Mb es
M. Osbortej
Mr. Oresariett Pair, S yrs. 94 Mb (Pathan S
Tap followla also ran .-rilics, lady of Bobellon. Maple. awn
LVittlt.43 to 1 art Odd Trick. 3 to 1 art Lord Nelms, Ito 1 gin
Neale er. Martbe made all the and won in • anger b
• lea*: seas Masa be the secondrunning. sad third ; bad fourth y :
Oreesads Fair ar dose up will Lord Nd m.dir.Nsollrara Hams, of I an. swab. with 36 added.
Mr.T.T illahneatlONWJa Loral -Tapsidions, 3 yrs. 7ster:zaeul
Mr. Mail'. }balsas, 3_yee. 74 Blb . ........ (
L."'5t.,::=1.434.7•87t711,°..
The beitiagepesel a to 4 eat Queen and *nod at web as
bar. 6 ta 2 apt Tenslebore Illy, 4 to 1 524 Pllll[6lollll. Wm by •
wag ; • Mega banes Sher wend andlard ; Wokledes wag
baMes et.
Tim Lane Jan STASIS of 5 son. each, w(tb 27 added, for Syr
NW • bola Bst llb ; at (lb.; inner+ 51b seta.; wood to
awl+ elate. tbalght ball mile. I 7 tube.)
Mr. . Parka Snap, by Windbound, 411, I Bray) 1
Mr. . Bate% The butandu a Daughter, 11. 416 --(J. 0 ts,rod
Mr. Bisaga's analuita ea 19b ILac 6lb uU (Franca) 3
Mr. T. Ptak Joyewe. lb • Illtanasi 4
Mr. alt.'s sada. Moat, est flb (Bata) •
The f also ran :-seedeld. Tbertoopyla. gelding by Mina
(I%=. •
See sad Tar rer.
3 and Madams Mesa (WM whom Mr. .1. Thlllloll dr
dared te Web 2 to 1,34 Jason, 9 to leag, The Datchroeue Daughad.
6 tot apt Annaba 6to 1 ag_t may at se. A good race. Won by a
Ea; • loath Warn the nand and third. • leadd, between the third
, and Wastb. Mahone )tort do a up.
Tar NOTTIPORAM Option Memoirs, of 6 son. each. witb 60 add"
The cooed to me to. asks. Wingate atm. Ose mile and • bell.
Of anal
Mr. Pagares Gammea. by Gazebos 1 yrs, ht 0b... ~(Nlidda 1
Mr. B. S. Clarke) Yandamaln. 6 Ir• WON oacid. 71b ears
(Hata 2
Mr. L Jonak Eaparance, 3 yrs. Mt 41b.......... .... (Oran 3
Mir. J. °Maw° WWW7LieR. 3 pro. bet flb (Including 6lb astral
laallonsa 4
Mr. its, Ow Pa 6 yrs. 7e4 41b Sown= I
Mr. Wank law 4 ye, 74 (Bullock 6
Mr. Ifs Minsk Iwr Bohan. 3 MA Mb (Orlm+bs 7
Mr. Mills Blarbasy, 3 71.(. let... ......... ..... (SWI
Mr, sibbk Yang Bodefal, 4 g ra.7st . - (Plumb 9
Datbn: 7to 4 awl Vandensulln. I t 0.2 ..• Hasatres. Bto 1 apt
Ourime, 13 to 1 alb est Birwbury sad Ow SW. A tine rem from
the &Was WWI WOO by a abort had. Maramos was bares bat •
dwell WOW frau Vanden goals ; wain else mar.
Tun Paw Bream of 6 son nob. with 2 I added. for 111' MB and
upwards. Optional galas welibta. Ste. T. Y. 0. i 4 subal
Mr. Paxost doodahs, aye 14 t.,) (an- ..
(W ... . - ) 1
dr. Banat° PIS rst 9 Pre BOW 64 21b ..Bacal 2
Mr. lioarbbs's Olpsy Old. 6ye (M ..)14 7lb Syrab)
Ballal g• 5 to 4
i apt troodmltebab;e to 4
e.apt ki ind. d lles sal: by
in dm wa

BIRTHS AND DEATHS IN LONDON.—In the two
weeks el February the mot tality et London has shown a
slight they to decline. The deaths registered were—ln
the lest week et the making month, 1,363 ; in the following
week, 1,314 ; sad in the week that ended last Saturday (Feb.
13), 1,196 : by 117 than would have died if the average
rate of mortality had prevailed. Last week the births of
943 boys and 893 girls, In all 1,836 children, were registered
in London. In the ten corresponding weeks of the years
1848-57 the average number wee 1,676.

lab) brttlligenct.

NOTICE TO SOLICITOR&
Sail= meted on leaving thee moms al tes mentos' seats
for the
..m.•• it drawing ILD Orden In COMM commenced MU/
ivaOs tenn,
_ME to tomtit the rids.
true vdth les lLrMnau
Vend removed by the navel ordge
30th day of 11
tleModly lies=il72 frank upon the brief, and 046110.
mord end ern clerk. aim ag Is the
ems ef MO* egoist Mailed by tee entry the ewe book. If the
mine la vette mei atilt mar be mode see commenced War to the
▪ in of Illulmelmes tam. MRW collenor banal the gerilrgs of
the eider. og dot. emetad to Wane on the kW a memoran•
am osellirAt to les 'leek that Is to my " I entlfy that
611 atm mos enizoloood yesvlssly to Me ern day a( Mlchaelmea
um. end be dit the mac
Ragloltore OEM H. E. Bimini, WSW:a&

EQUITY COURTS.—FsB. 16.
(Before Vioe-Chanoellor Kinderoley.)

SIBRRLAND AND DURRAX DISTRICT
BARRING COMTA NT.

This case came oresTpen---leveraTpe praying the com-
ewinding-up of the ohne company, or In the alterna-
t7at two liquidators might be added to those already
chosen by the shareholders of the company in the process of
• voluntary winding-up.

The Vice-Chancelloi, in giving judgment, said that upon
these petitions the first question raised was whether the com-
pany could be registered and wound-up under the Banking Act
of 1867, Inasmuch *a it had stopped payment before registra-
tion under that act took place. It had been urged that, hay-
ing stopped payment, it was a banking company no longer,
and could not therefore be re -registered. But he thought Wit
the mere stoppage of payment did not put an end to • the
carrying on of the business of bankers. The bank was still
a banking company, although it had stopped payment. To
the argument, therefore, that the company was not a bank-
ing company he could not attribute any weight. The next
question was this, whether, there being a jurisdiction in the
court, any, and if any, what order should be made P Ought
there to be a voluntary or compulsory winding-up P With
one exception, all parties before him concurred in
saying that, provided there were satisfactory Nokia-
tors, a voluntary winding-up would be the beet course
to be followed. In this view his Honour entirely
concurred. This, too, seemed to be the leaning of
the legialature,llll kw in the later of the acts,
the amendment act of 1857 further facilities for voluntary
windebraTgeiuis were enacted. Indeed it seemed that in the view
of the I ature a voluntary winding-up ought always to be
. This of course supposed that properly constituted
Fircilidators were appointed. Now the petitions originally
presented, and which asked a voluntary winding-up, pro-
posed three parties for the office of liquidators. To these It
was now urged that the court should add the names of Mr.
Williams (the managing clerk of Olyn and Co.) and Mr.
Coleman (the accountant). The question, however, arose at
the outset as to whether the court had any power to appoint
liqoidators. The act stated that the liqdtors should be
chosen in a meeting of shareholders, and said nothing what-
ever es to the appointment of liquidator by the court. There
was, however, no doubt but that the court might make ft a
term of its authorising any voluntary winding-up that
certain persons should be liquidators. There might be a
further question as to whether the court could remove liqui-
dators, but with that he had now nothing to do. It was
sufficient that, practically speaking, the court felt itself able
to enforce the appointment of liquidators. What, then, ought
he to do in this case? It bad been suggested that the o-
pond liquidators, being local men, might be warned in
their judgments by persons of influence in their own
neighbourhood. It had also been thrown out that it would
be well that these gentlemen should have some competent
person, like Mr. Coleman, to aid them and keep their heads in
the way they should go. No doubt the proposed liquidators
were not gentlemen who could dissect books of accounts with
the ability of Mr. Coleman, but it really appeared that there
was no need of such special knowledge on the part of the
liquidators. These gentlemen must engage socountants, and
they needed only to understand, as intelligent and burinete-
like men, the ordinary run of mercantile knowledge. It was
said that Mr. Coleman had great experience in the winding-up
of concerns ; but here, again, it did not appear that any
great experience was required to suable the liquida-
tors to determine whether or not any, end if any
what actions should be brought. It was then objected that
these gentlemen were appointed liquidators by the share-
holders, and therefore that they would not properly represent
tho creditors. But the statute expressly enacted that liquid-
ators should be nominated by the shareholders. And upon
the evidence itself the result appeared to be that the creditors
themselves had not bean altogether neglected. When, too,
it was seen who were the liquidators, his Honour certainly
thought that the creditors bad net been overlooked. One
liquidator was a creditor ; another was a shareholder, who
was also a creditor ; and the third was a barrister, who was
neither the one nor the other. In fine, he could
not acquiesce in the objections to the nominated
liquidators. Now with regard to those proposed to be ap-
pointed in addition, he must say, in the tirstrplace, that
seeing Mr. Williams stood in the position of clerk to a prin-
cipal creditor, he thought that be ought not to be a liqui-
dator. And with regard to Mr. Coleman, it was to be re-
marked, that that gentleman was a man in large practice,
fully occupied, and resident at a distance from the locality
in which the banking business had been carried on. It was
also objectionable that a large number of liquidators should
be appointed, for it would greatly impede their unity of
action. Under :all the circumstances, he thought that the
proper order to be made would be—that so much of the peti-
tions as prayed a compulsory winding-up stand over; that
a voluntary winding-up take place subet to the terms that
no action against a shareholder or calls be compromised
without the leave of the court, and that no action against
any creditor for a sum exceeding 2,000!. be compromised
without the like leave. In conclusion, be would threw out
the suggestion that if a committee of creditors for facilitating
the winding-up of the altairs of this company were formed,
he would at all times, upon proper application, listen to any
representation which such a committee might think it neces-
sary to make.