The Express.
London, England, 1866-01-30 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

Money abundant. Gold 139. Exchange on
London, 151; on Paris, 3.73 g. Stocks dull : New
York Centrals, 931; Illinois, 125 ; Erie, 89} ;
5.20 United States Bonds, 1031. Cotton dull :
middling Upland, 51. Flour and wheat declining;
corn and provisions dell. Coffee firmer, and in
moderate demand. Sugar and molasses steady.
Petroleum dull : crude, 34 ; refined, 65.

MOBILE, JAN. 19.

Cotton, 47, quiet. Week's sales, 10,400 bales;
ditto receipts, 12,650 bales ; ditto exports, 9,270
bales ; stock, 86,400 bales.

MEXICO.

Private letters from New Orleans confirm the
capture of Bagdad on the fish by a Federal regi-
ment of coloured infantry. Colonel Davis, their
commander, seized some skiffs wherein he crossed
the Rio Grande, and captured and sacked
Bagdad, killing numerous persons. Three
hundred prisoners were also taken, half
of whom subsequently turned liberals and formed
the garrison of the town, the attacking force then
disappearing.

On receiving this intelligence Generals Crawford
and Eacobedo immediately started for Bagdad, and
the former arriving first assumed the command.
General Weitzel refused to allow anyone to cross
the river until Escobedo arrived. &oohed° re-
quested of Weitzel 200 men to preserve order and
the request was granted. A French corvette shelled
the town all through the 6th without damage.
A conflicting despatch says that Esoobedo, the
commander of the port, had only about a dozen
reliable men in Bagdad, the remainder having
joined Crawford, who had them on board the
steamer which was tied to the bank of the river
at Bagdad.
The Herald correspondent from the city of
Mexico states that on the 3rd the republioans
captured Toluca, six miles from the capital. All
the imperial forces at the capital, under Marshal
Bazaine, had left to resapture Toluca.

AUSTRIA AND MEXICO.
VIENNA, JAS. 30.

The negotiations for the formation of a new corps
of Austrian volunteers for Mexico will shortly be
brought to a conclusion.
This is official

FRANCE.
THE CORPS LEGD3LATIF.
PARIS, JAL 110.
The Corps Legislatif has confirmed the elections
of MM. Larrsbure and Fremy.

EQUITY COURTS.
(Before the Lord Changsha.)
.111,731 TS V. DICKSON.
Thin was an appeal from Vico-Chancellor co
and argued a short time moue. The bill ow 4
by the public affair of the North viut,
Company, who had obtained two judgments vlitailit
been duly registered, against Samuel Ay/chanty
The object of the snit was to get the benefit of
mints as equitable incumbranears on the estate of IA
under the 10th section of 1 and 2 Vic. e. 110, b.,
judgments bad been made equitable charges os•La.--
estates. The question involved was as to the rigid i
plaintiff under a deed of 13th May, 1861 by eldeb.t
of the present defendants were made trustees of the
of Dinneen, and were, amongst other Shia's, to swa,7,
rents and polite to meet certain annuities aad
payment of mortgagee, and the discharge of judgasewoC,
*bullied or thereafter might be obtained against
The plaintiff Insisted that he was entitled to kave
saute paid after the satisf ing of prior inmost:mat
dares of the Vice. ordered that the trial of
deed should be carried out, regard being had to the
of the plaintiff as a registered lodgment crake, earl;
eared that the plaintiff bad an equitable 'harp% s,
Mists' subject to the iecumbranoss. An mount ese kit"
ordered. Against this there was an appeal by the ows.
inane= and trustees, on the ground that a suit of goo kw
could not be maintained without the plaintiffs offer*
redeem the incambranawa.
Mr. Bolt, Mr. Kenyon, Mr. W. W. Kerslake, sad
Langworthy, appeared for the different parties.
The Lord Chancellor now said that there was maul
that it was the general rile that there Ask
an offer to redeem, bat it was not ilisisaul
end hers it was epee to any person
under the trust deed to compel the •ag 14.711.11
trusts. It was clear that Samuel Dicksoncos baser,
• bill to enforce carrying out of the trusts, sad the 07,
tiffs was equally so entitled. lie, thirster*, mow
with the Vice-Ohaacellog that the plaintiff lad a nib
have this dose, and had acquired a valid Aar. al oa
estates. The account, however, ought only to b, takaha
the filing of the bill, and the decree was 10 far wild
should direct that the appellant do pay the coati of ego
judgment creditor, made parties to the suit, sad the 00-
dre costs of appeal be costs in the cause.

(B.fore Via•Qhanallor Sir W. P. Wood.)
:Mx V. OM THE ROYAL ITALIAN OPERA DIRVIR
. . .

This case somas for the second time before thefts* is
plaintiff by his first bill, filed in 1861, having skied ~,
lief by way of account on the footing of a partossidp h gy
affairs of the Royal Italian Opera, Covent-pales, saw
to have existed between himself and the defaxind, dt,
Oye. In the former suit the defendant eatirsl7
nied the (Maisons of the alleged partoenhip stik
the plaintiff, bat in admitting that 5,0001. 6sl hta
paid by the plaintiff in part satisfaction of a hest
10,0301, minted in the joint names of the plaintiff est
defendant in Nara, 1852, insisted that the mosey igi,
had been advanced for the purpose of assisting him
in Gamin on the opera was paid with the distinct tsitr
standing that if the money were lost the loom shod d id
upon the plaintiff, and that he would only look fee
meat in the event of profits being made in the ad**
Upon the hearing of the former suit, which occapisi stud
days in November, 1863, the Vim-Chaco/aloe. 'Wept* is
defendant's view of the transaction was of opines thy
the plaintiff had wholly failed to establish his alibis
a partner with the defendant, but, on the Wiry w-
NNW YORK, Jan. 19, Evzonta. was to be repaid his advance in the event of

ing, held that he was entitled to an amount el
made by the defendant in the adventure

1852. An application for leave to amend wee I.
toe plaintiff was allowed to file a supplemental Ea,

to Mims each cam as ha might be advised in rommi

share of the late Mr. rhiatlethwayto, who had

12,000 L, and wee admittedly a partner in the

told' death in the Crimes in December, 1854.

appealed from this decision, and, the Lords J 1

to have differed between themselves and also from

Chancellor, except in the view takes by his Honour t,
plaintiff bad failed to establish a partnership. Then,
however, was a dismissal of the bill without prejudice to t
new bill by the plaintiff for the purpose of establishiagm
right or claim which he might have in respect of third
of March, 1852, or under Thistlethwaytes will.
plaintiff had accordingly, in October, 1864, filed a BMW
for the purpose of establishing his right to be =WM
5,0001. paid by him upon the bond of March, 1852, elile
tercet, oat of the profits of the cowers, and hisrighbes
moiety of the capital and share of the profits of the lie lb
Thistlethwayte. The bill and answer contained is ei
stance the same history of the transactions bete= Ct.
loael Knox and Mr. Gye in reference to the ad= d
the Royal Italian Opera, Covent-garden, and the me
voluminous correspondence, which formed the psi
work of the previous nit, and were repedsi
detail in the Express fink November and Nom*
1863. Without recapitulating this long history
was on the present =melon assumed in the opealegtele
in his Honour's recollection, and only touched sped,*
may state that the plaintiff's case was in mahatma id'
the defendant had, as far bask as February, 1851, es Ile
occasion of a former advance, distinctly nedertelor tope
the plaintiff his proportion of the profile as wed se Inter
rest ; that although in the former suit the court hd *
fused to recognise a contract of partnership as =WWI
of these and other expressions to be found tirestbil
the correspondence and the whole nature of it. true
tioo, the liability of the defendant, admitted most Mad
by himself and put forward in the former exit as him
don of the transaction, to repay the advance Is fbe sal
of profits being made, remained unaltered and bad log
been lost to the plaintiff either by statutory bar, by Lin
or acquiescence, or by the destruction of the theatre WM
in 1856. Farther than this, that the defendant, minks
repudiating liability subsequently to the tire, bed re WV
as May, 1860, when the quarrel, which first area aide
box on the pit tier, took place, arikoowledged Masi a
Colonel /Limes debtor, and used these erpressiom
ever may have been the circumstances under which dale
sistance wan given, it has always been my hops to be Ws*
return all to you; which, though not amount* plrhlPO
an acknowledgment and promise to pay, Wham* ell
cleat to prey t the operation of the Statute of Liwilehli
completely negatived any notion that the plaietiff ha&Mt
warned that his claim was =founded, and bed healifh
slept upon his rights. With respect to Thistlehmt
share in the adventure, which had been ...ie.! by ..
will of that gentleman (made on the eve of Ms ley* mg
the Crimea) to the plaintiff and defendaratestlLM
plaintiff insisted that the defendant, who sow"
the business as surviving partner, was bound to swot!
Thi!tlethwayte's estate for all profits subsequently =kit

the business:
Prefacing our summary of the defendant's can Wain
that, is 1862, after the firet bill had been filed tit Pa,
though expressly diselalming any liahilty to the
either legally or morally, had offered to pay back *Ow
with interest, and to make Colonel Knox a present d a
the boxes that be had at Covent-garden (ssecestheit
value to more than 3,00041. during (lye's ma
defence Ina rested on the following grounds :71:iloalt
right in the plaintiff to require repayment of the gums
paid in part satisfaction of the bowl of Mara, NA
obtain an amount of Thistlethwayte's share lathe are**
was barred both by the Statute of Limitations. sat ellbr
lathes and acquiescence on the part of the rlaintit 1.1""'
1 the 5,0634 was paid by the plaintiff in pinata il 111
agreement by him to advance and risk 10,0004. sad Igt.
require repayment if the money should be WO ft
profits should have been made in the avatar,; lint ow
opera had been carried on at a loss, and that the Ili
party, bath as to Thistlethwayte's share and*
the plaintiff to remand out of profits, bed burs .
away sad utterly annihilated by the fire is Math ....I
and that loos the rebuilding the new theatre me a OM-
new concern, obtained and carried a by its
' haat by his own skill and exertions, la
charged from all former liabilities, either to
thwalte'a estate or to the plaintiff, who had iettill„,
sad repeatedly disclaimed any oreinexas wilt
new theatre. The defendant also insisted that the Mits.
ship of Tbietlethwayte is the theatre was &molted br..—bili
death in November, 1854, and was °Defined to the en im
are, 1a which the whole of hie capital was lest at the 11%
Further than dile, the demand of the plaiatiff.ll ellerg4
well founded, was purely legal and gave so right
Malt,. and It was also submitted that the pleisalt "
froe being entitled to recover 5,0001., was liable to_,ltth•
good the remaining 5,0001. .wed by the hood ef it•'"'i
1852, if it should turn out on taking the account that M
than 5,0001. had been lost between that time sad* I.
in Ilareb, 1866.
Mr. Giffard, Q.C., and Mr. W.F. Townsend were tor
'l=i Mr. Bold Q.C., Mr. Hobbonse, Q.c, spa .I".'
for the defendant. ..m moo
—2lie-Viee-Chancellor, in giving *lpotesi. —,,,....ae •
express his peat regret that these parties hail net=inik
It wessaary to put their agreements with eatirroja,
writing. At the time when the
bog
RAP* these autimmen were on te7as—a—ioi "al*
together. best so one maid say in sea ease kewoo. .•
frisathitip sight be interrupted, and whoa the' ... 1
the want of some written memorandum hit MI
nasetetaitsdidegytthreach wh
diepates ich might other
barezr., 0 e
ws
resonation gave rise to. Alter leothith hem
the very meagre materials before him, sad wo,_ sag
deans of each althea as Gould to &Math t 0.....
same to the aoselasion that the eir5."...., 7breall
Coked Max should have a retries of hum'
I/ the profits of the Italia* Opera were War I."