The Express.
London, England, 1859-04-22 00:00:00

LATEST INTELLIGENCE.

AUSTRIA AND PIEDMONT.

The following intelligens% received yesterday by
telegraph from Turin, agrees with a despatch which
has reached the English Government:
" General Gyulai has been ordered to present an

ultimatum requiring dissxmaroent, and the sending
away of volunteers. It these terms are refused,
war is to be declared in three days. Two mere
divisions of the Austrian army of 80,000 men have
been ordered to the Ticino. The English proposal
for a Congress upon the same conditions as that at
ILaybach has been refused."
A telegram received by Mr. Renter gives an
abstract of a statement in the Dresden Journal of
yesterday, oorroberatory of the foregoing intelli-
gence, so far as regards the extent of time said to
be given to Sardinia for reflection. According to the
Dresden paper, a communication had been sent by
Austria to Turin, the terms of which we do not
learn from the present source of information.

AND BRITLIII Tu.sowir.)

VIM 001 ow

PARIS, FaIDLT Mowing°.

The Noxitsur states that Austria has refused to
adhere to the proposition made by England, and
acoeptod by France, Prussia, and Russia, and more-
over that the cabinet of Vienna had resolved to
address a communication direct to Turin to obtain

the disarmament of Sardinia. In presence of these
fast., the Emperor has ordered the concentration
of several divisions of the army on the Piedmonteee
frontier.

FRANCE AND SARDINIA.

We read in the Constiktionnel of yesterday :
„The Bonne was greatly agitated to-day. It was con-
sidered probable that Austria would refuse to accede
to the last propositions of the English government,
published in the Moniteur, and it was announced
that in consequence several regiments of the garri-
son of Paris have left this morning for the south.
We have, in point of fact, reason to know that a
part of the army of Paris has received orders to
hold itself in readiness to march. The following, if
we are rightly informed, are the arrangements made
for the execution of this movement :—The let and
4th infantry divisions of the army of Paris are
under orders to proceed to Toulon by railway. The
Ist division, commanded by Genteel Forey, having
under his orders Generals Beuret and Blanchard,
will commence the movement. This division is

PAST.

composed of the 17th battalion of foot chawseure and
the 74th, 84th, 91st, and 98th regiments of the line.
These corps, unless countermanded, will leave Paris
to-morrow evening They will be followed by the
4th division, commanded by General Vinoy, with
Generals Martimprey and be la Cheerier* under
him. This division is composed of the 6th batta-
lion of foot chameurs and the 62nd, 73rd, 85th, and
88th line regiments."

EXPRESS FROM PARIS.

("oil ova owl'

PARIS, TIIVILDDAT
The pacific news given by the Pays last night in
a positive form, turns out to be altogether unfounded.
The Moniteur, as you will have seen, publishes a
proposition from England (being doubtless the Ode
_ . .

referred to by Lord Malmesbury in his speech) and,
at the same time, announces that the proposition
has been aooepted by France, Russia, and Prussic
The farm of the announcement is very ominous. If

it had not been known to a certainty that Austria
would refuse, the Nonitersr, in accordance with pre-
cedent, would have stated that the answer of Austria
had not yet been officially received. Bat it is further to
be remarked that the new English proposal differs
essentially from the French one contained in the
Moniteur only the day before yesterday, and which
must be presumed to be now out of the question.
The great difference consists in this—that according
to the French suggestion Piedmont was to be ad-
mitted to the congress on the same footing ss the
five great powers. That point is certainly not
doubtful, although according to the interpretation of
the Petrie, the other Italian Slates mentioned in
the same breath were to appear before the congress
in a subordinate capacity. But from this change
there follows the important coneequenoe that Piedmont
is net bound to adhere to a promise to disarm which
was made on the assumption that she would sit in
the congress on spar with the great powers. In all
probability France and Russia only assented to the
English proposal when they were well assured that
it would be rejected by Austria and Sardinia. The
general tenor of the news to-day is most alarming.
I am assured, at a late hour this evening, that an
evaaive answer—which the French government con-

shoes u a refusal—has been received from Austria,
It is, hewer, an extraordinary fact that the Vienna
Metallic' come 2 per ant. higher to-day, and I have
seen a despatch which says that the " tendencies are
favourable."

Among the alarming rumours that have circulated
in Paris to-day, there is one which I believe
is traceable to a premature dispatch in a London
journal—via., that the Austrian troops had already
entered the Piecimontese territory. The only truth
is this news appears to be, according to a despatch
received by the French government from General
Lamarmors, that the Austrian army has made a
" significant" movement upon the Ticino, and that
an " attack was feared from one moment to
another."

It was announoed only a few days since, that the
railway from Marseilles to Toulon would be ready
for traffic on May 2, but I am in that the
government has eked the company to use every
effort to transport troops upon it immediately.
An extraordinary Council of Ministers wu held
at the Tuileries to-day, the Emperor presiding. It
is a very important fact, under existing circum-
stances, that the Prince Napoleon, who, since he
resigned the ministry of Algeria, has never attended
thew councils, took his seat to-day in the character
of a prince of the blood.
A fearful panic raged at the Bourse. The Rents
atone time was quoted nearly 21r. lower than yes-
, today, and cloud at 66fr. 60c. for cash, and Mfr. 45c.
for account, with • fall of lfr. 55c. and Hr. 60c.
Mobilier fell 66fr. 25c. The Orleans Railway fell
32fr. 50c.; Northern, 2lfr. 25e.; Southern, 20fr. ;
Eastern and Lyons, ldfr. each; and Western,
12fr. 60c. Austrians fell 37fr. 50c.

Orders were mint to the French journals this
afternoon not to speak of the movements of French
troops, bat they arrived too late, u the Petrie n-
uances the sudden departure el a division from
Paris for Toulon. The utmost excitement prevails
in the barracks.

Nodes was given yesterday from the General
Nebollee that ship =am will be wade op there for New
York, to be mat from liouthampt ea by the serener Vander-
bilt, which leaves May 1 ; by the 'hewer Bersege, which,
haves May 4; and Ly the *teams. Hansande, which leaves
Key K.

ILal budltitnu.

EQUITY COURTS.—APEn, 21.

(Beton the Lord Chancellor and Lard Janice Turner).
ram LONDON, JIZOITON, AND BOUM COAST RAILWAY
COMPANY O. TUN LONDON AND 1100711 WISTIMIN NAIL•

RAT COMPANY AND TIE PORTINOUTR RAILWAY COX-

This ease, which comes before the court on a motion for a
decree In the muss, Is practically an appall from a decision
by Vice-Chancellor Wood, who refused to grant ea injunc-
tion which the plaintiffs, the London, Brighton, and South
Coast Railway Company, sought to obtain in January last,
to restrain the London and South Western Railway Company
from luring a joint line of the two companies from Havant to
Porter, and also their joint still= at Landport, Porten, for
We :of the misfile of the Fermanagh Railway,
of which line the South Western Company had be-
come the lessees. The matter came on se ea appeal
motion from the Vice-Chancellor before this court
on Bth February last, when it wee wronged that
the whole question In dispute should hi heard on the
motion for a decree in the cause. The arguments were com-
menced on Wednesday, and were continued to-day. The
plaintiff+, by their bill as amended, payed that the defend-
snot and their myna may be restrained from using so much
of the railway of the plaintiffs at is minuted between the
point of intake with that railway at Havant of the Ports-
mouth Railway and the point at ass neer Hite' ea Redoubt,
where the railway of the plaintiffs unites with the line to
Portsmouth belonging to the plaintiffs and the London and
South Western Company ; and from tilting the station of
the plaintiffs at Havant ; and from oda( thoint station
at Landport of the plaintiffs sad the South Western Com-
pany for the transit of passengers or goods destined fur or
coming from the Portsmouth Railway or any pert thereof,
except only so far as relates to the tratmeareion of teethc
conveyed in the public service to or from the line belonging
to the crown lealling to the dockyard or other
naval or military oftments at Portant or Portsmouth ;
that an aetesat may be taken ef all traffic carried by the
South Western Railway on the Portsmouth Railway to or
from the Undyed station, dislingolehing traffic brought
from or conveyed to any place north of Godalmiog from
traffic conveyed to sr from any place south of Goddmiug
and that the defendants may be decreed to pay full compen-
sation for the me of the joint lira and station at Landport.
It use farther payed that, in ease the court should edam
the injunction es to the *eel the Landpaet station, then that
It may be deplored that all the traffic carried on the Ports-
mouth liar, or any part thereof, to or from the Landport
stenos, la sad ought to be treated se traffic of the South
Weal ern Comply, *abject In all teepees to the provisions
of the Bright* sad Chicheeter (Portsmouth Er en-
air) and London and South Western Railway
Act, 1847, and the agreements between the plain-
tiff' sad the &tab Weir ern Company, so far as Metes
to the rate and application of the toonlpts and profits arising
therefrom, and that the South Western Company may be
decreed to account for and deal with the some accordingly,
and that if necessary such damages may be awarded to the
plaintiffs for any Injury sustained by thorn s& the court should
think fit. The Lica of the cam are sa follows :—By the
Brighton and Chichester (Portsmouth Extension) and Lon-
don and South Western Railway Aat, 1847, it was enacted
that the Brighton and Chichester Comp y might sell, and
the London, Brighton, sett !oath Coast Company and the
London and South Waken Company might pa:chase, each
part IPA should be agreed upon of the Portsmouth Extension
of the Brighton and Chichester Railway Company
as was westward of the Mellon near Meant.
This junction was to be famed and be worked sea joint
line by the London and South Waders and the London,
Brighten, and South Coast Companies, subject to the antral
of a joint committee of the two companies, it Wog enacted
by seed= 13 of the act that, subject to such control and ma-
, napesset, sad the previsions of any sad every act of pada-
, owe gee the time Wog relating to the joist line or the two
steekales, each of the two companies might at all times
themefetr use the joint line fur the purpose of conveying pas-
emirs, animals, and things upon the same, and for all such
purposes as should be necessary for the traffic or business
I thereon of the respective torrip.neto. Articles of contract in
I pursuance of the act of 1847 were roads on the Rh October,
1848, between the three companies, for the purpose of arrang-
ing the terms upon which the joint line was to be worked,
and electing the conveyance to the South Western
sod Brighton and South Coast Companies. Fur-
ther terms of agreement between ths two com-
=ors arranged in hugest, nee. By the
th Railway Act, 1863, the Portsmouth Railway
Oennpany was Incorporated with power to make a line from
'Want to thiamin, to white place a breach of the South
Weirs lialks, from Guildford extended, the line of the
Potinsudt Company when completed, joining the South
Coed line at a short distance from Havant and the joint line.
In Jamey, 1858, another agreement was entered into
between** Brighton and South Coast sad the South
Women Comp* ea soppleaseatil to the ex
meats of 1848 1852. By the POVONII011111M12:74
Allifildmeog Act, 1868, section 36, that oompany and eel
ether companies lawlully using the Portemouth Railway
were authorised tot over sad use tie joint line, snd that
jportion of the Brighton end Booth Coast attained between its
unction with the mtementh sad its emetics with the joint
line ; such powers et perege and we to be exercised
on such tams and conditioner, falling an sgesement betwoe n
the comprise, should be settled in certain specified mode,
with a proem that, except m hatelastter provided, nothiog
is the ad awl& 01111011 r en the company or on any other
sr pews wryer of ping the joint station at
Palma, fit ery purpose ether than the tramme-
d= upon the lines kid down in the station of the traffic
stenemed In the pale malice. It was also provided by erec-
tion 98 that the company and owners for the time being of
the joint station at Landport might agree for the use by the
Portsmouth Company, or my:other company, of the joint
stalk* for the general traffic ut the company, on such terms
as ndght be mutually agreed upon between them, provided
that it co such seen meet could to come to, then
the Portsmouth Company should, before the year
from passing the act, purchase so much of the lands
authorised to be purchased at Pottsea as should he necessary
for the construction of an independent scion, and construct
such batons as might be required for the accommodation of
the truffle. The Poetemouttt Railway Company had re-
quired the plaintiffs (the flashgun and South Coast Com-
piny) to come to an arrangement for the use by them of the
&nth Coast hoe between the two points of junction, and of''
the pkintilf: station at Ramat. The companies not hay-
fag been able to egret upon the terms on which the line
and nation in question should be used, the matter had been
referred, under the powers of the act, to arbitration. The
South Western Company, esalleged by the bill of the plain-
tier, bed entered into agreement with the Portsmouth Com-
pany for waking their lino and for the conveyance of Mello
thereon, but such agreement had been entered
on without the sanction and concurrence of the
plaintiffs. In December last the plaintiffs received notice
of the arrangements proposed by the South Watson Com-
pany for working the traffic of the Portsmouth Railway and
using the plaintiffs line between the two points of junction.
The ;lent& thereupon objected to the use of the_joint
station at Landport Lathe Portsmouth Railway traffic. Up=
the South Western Company inanition on their right, In
tithe of their joint ownership of the joint line and station,
to nee them foe all the purposes of their company, not ex-
cepting the traffic which might have passed from, or which
might be shout to pees to the Portsmouth Railway, the
plaintiffs filed their bill, and moved for the injunction on the
terms above mentioned. In support of the motion it was
contended that the South Western Comi say was acting ille-
gally, and he violation of meth* 13 of the act of 1847,
which meet be wafted strictly to the two companies,
and mold not enable the traffic of a third company to be in-
troduced over the joint lion whether such traffic had or igi-
sally travelled over the South Western line proper, or was
merely traffic of the Portsmouth Railway. The South Wes-
tern Company, by, working the Portsmouth Railway, most
be taken as representing that oompsuayif welch was expressly
peohtbtted by the act of 1858 from the joint statiou at
Lthdport, except by agreement. On e other hand, it won
contended that there was nothing In the sets to prohibit the
South Wasters Company from using she joint station for ell
purposes, including the working by them of the Portareouth
Railway and the conveyance of traffic over that line, whether
I etween Portsmouth and London or between Portsmouth
and Godahoing only. It was impositibie to pre-
vent psseengers from taking tee direct line now
open to Oadelming, saving about 25 miles, Instead of the
circuitous route by Basingstoke, and so long as passengers
or traffic were conveyed over any portion of the South
Western line—the joint line being a portion of their lin,
the traffic became South Western traffic, and sa such entitled
to the use of the joint station. Section 13 of the Act of
1847 core* no rerniction as to any source from which the
traffic might be derived.
Mr. Role Mr. Willcock, and Mr. J. IL Taylor ar
for the plaintiffs; Sir It. Bothell, Mr. G. M. Oiffar2d
Mr.
Bagallay, Mr. Reach, Mr. C. T. Simpson, snd Mr. Clamed
Berkeley appeared for the different deleadants.
The ease was not mini hided when the court rose.

(Before the Muter of the Bolls.)

RODOXINSOIf C. VIZ NATIONAL LITZ STOOK 110011,/

COMPANY.
This cam sues argued on demurrer, and the
about to be stated, therefore, represent only the s=
stateessnt of the ram. The oompeny was got up in the year
18611, andl the directors, and among mhos one Mdward
Jottaeort, subscribed fora large Dumber of shares. Johnson's
eubscriptioe alone being for 4,0001. The first ths'alment al
10a. • share w.s payable in September, 1853, bat except as
to about 600 abate P, cone of the &podia or calla on the
shares held by the defend tots were ever paid, and after carry-
ing on • toeing bushel* for several years, the directors agreed
to release Johnson from hie lisbllittes, eruct to brisk their
own shares for ttcir own default is not having geld the
deposits and call.. The unction of • sans& aiietlag was
necessary to give effect to this erreagemeat, and to obviate
eppositice, as unnecessary all was made, with& It eau
known or expected th..t the shareholder" in gamma would
am pay, and would cocsequeatty be tumble to take past in
the meeting. The object of the bill was to est aside this
proceeding, sad to hold the defendants liable in reelect of
the slams which they had attempted to cancel. A demurrer
was put In and argued, mainly on the ground that if the
facts were se alleged, the tight to relief belonged to the com-
pany in its corporals capacity, and net to say camber of in-
dividual thsreholden. His honour, borrow., Yid that fa-
=4:tly of the other all as egatioas, the statement to the
f Johnson was suilicient to sustain the bill, bet be
abseelned frees entering into the rest of the can until the
hearing, sad dir‘aorrr4 tba.doraarrarz_ntrryldV
Mr. Falser, Mr. Selwyn, Itr: W. N. CCOpeT,
sad Mr. Sado appeared.

DiLDIVIT AND YVAN' V. DICKINI AND wrum.
In this ewe Yr. 'Teasel! stated Shat the detendanta had

came tell to thellvencement of the hearing, asked for by
his notice el 'notion, and an ordw was thereupon made by
count.

i•Chanoellor Sir E. T. Hindersley.)
HODGSON V. BOWEL.

The bill in this use was filed to adoree specific perform-
ance of an egresseent for a kue of a bows sad premises
forming ue of the " Slater houses" at Clapham-common.
Th• pistattff had been Yeses for some Brae, and upon hie
undetaldng to lay out 1,6001. upon the property, the keen,
Captain Bower, weed to great Mtn • lesaa for 7, 14 or 21
years at a red rent. In the meantime Captain Bower
manied, and a agleamt wse made which incladed this
property. The man*. took place, and a child has since
been born. The question easel:ether the defendant had power
to grant such hue, having regard to the rights of the child.
There wee aloe a question as to whether a lessor agreeing to
grant a lean for 7, 14, or 21 years, that agreement wen to be
construed to mein at the option of the lens..
Th. Vice-Chancollor now gars judgment. He held that
the plaintiff was eathled to a deers. kr sped& primmer%
and he considered that the luggage al the agr.ewst was
sufficiently precise to sake des base determinable at the
option of the lame.
Mr. /tapholes end Mr. H. Bagehawe appeared for the
plaintiff; Mr. Beaky and Mr. Fending for the defendant.

(Won pies-Chancellor Mr J. Stuart.)
CARDINALS. C. NOLTNICX.
The bill In this ore was filed by the plaintiff, the church-
warden of the parisk_for ea injunction to restrain the de-
fendant, the ReW v. illiam H. Molyneux, the perpetual
curate of Sudbury, in the minty of Suffolk, from taking
away the pews and making other alterations of an extensive
character in the church at that place, and also to restrain
him from selling a number of the pews and fittings, which
had been already removed and wore advertised for sale. Au
application was made to the court, and us interim ceder wee
made, a telepephlc notice of which woe served on the defen-
dant, Mr. Solt., an auctioneer, during the peewees of a
sale, in which the pews and fittings of the church were in-
inoluda. Mr. Orimwood was the builder engaged in exe-
cuting the alterations in the church, and was present at the
sale. The defendant Rolfe having, se the plaintiff alleged,
reseeded with the sale of the pews, &a, of the church, not-
withstanding the order of the court, the plaintiff now moved
that the defendants Rolfe and George Ortmwood might stand
committed to the Queen's Prima for contempt of the court
in so disobeying the Interim ceder. Numerous affidavits ware
died by the plaintiff supporting the above facts, which were
denied by the defendants' affidavits.
Mr. BAWD, Q.C., Mr. W. D. Lewis,
Mr.and Dir. J. N. Hig-
gins, appeseed for the plaintiff ; mid Melina, Q.C., and
Mr. Burmese for the defendants.
The ease was part heard yesterday, and was proesedy,
day, what the counsel for lib* defendants said that it t
stand over, in order to enable the defendants to file f er
affidavits.
The Viee•Chantellor ordered the case to stand over till
next week for that purpose, but said it was very desirable
that the matter should be disposed of as early as peeeible, to
put an sad to the excitement and irritation that revelled in
the parish.
CLIX3NT o. SIADDICS.
Mr. Mains, Mr. John Hind. Palmer, and Mr. French, op
peered for the plaintiffs In this care, who were the proprie-
tors of Belts is London and Sporting Chrome's, in
sup-
ppoorrtt of a motion to restrain the defendant, George Maddiek,
from publishing a newspaper called the lining Belts Life
sad Sporting Chronicle, nu the ground that the defendants
would thereby deceive the public by inducing them to be-
lieve that they were buying the plaintiffs' paper, re • chew
copy tithe same. The bill was Sled on the 9th kunst, and
on the Ilth instant the defendant Maddlek assigned his in-
terest in the Pereeyßeite Life and Sporting News 10 W. H.
Stephens and R. V. Robinson, the newspaper, however,
being Mill published by Maddick.
Upon the motion comthe on, the Vice•Chaneellor said he
thought Staplers and Ro inson must be made parties, and
ordered the setter to stand over In order that the bill might
be amended in that respect.
The MU having been subsequently amended, the Vice-
Chaxcellor, upon the plaintiffs' application, granted leave to
serve notice of motion for an injunction upon the defendants
' for Wednesday next, the 27th of ApnL tits Honour thought
' he might require the assistance ofa common law judge.
Mr. Bacon, Q.C., and Mr. Kerala° appeared tor the de-
' fondants.
The court, on Its rising, adjourned till Wednesday next.
the 27th inst.

COURT OF QUEEN'S BENCH.—Arta. 21.
Sittings in Bance.—(Briers Lord Campbell mad Justices
Eris, Crompton, and SUL)

NORTON 1/. 3110i0L/I. AND Alf *NM

In this came, which was argued the other day, and which
Involved a quark= as to the plaindra right to a design foe
a mantilla shawl,
The court gave judgment this morning for the defendants.
The cues argued during the remainder of the day vice
devoid of public interest.
The court, at its rising, adjourned until Wednesday nest,
in accordance with the usual practice when Koster week falls
in term, end, under the provisions of an act of parliament,
four days are added to the end of term. in order to make up
for the days thus loot. It la about twelve years mince a nai-
ltar adjournment took place.