The Express.
London, England, 1867-01-24 00:00:00

THE EXPRESS, THURSDAY EVENING, JANUARY 24, 1867.

*parting inteilignut.

BRITING IW LONDON.—WISONEiDAY ArreßvonN.

There waa a fair attendance at the clubs to-day,
but bed 3,000 to 300 being taken about Julius for the
Two Tbesmand Guineas, little else took place. Plaudit
did not appear to be quite so firm, the offers of 4 to 1
against him being numerous and persistent ; hut, on the
other hand, 9 to 2 would have been accepted. Hermit
also failed to find friends at 100 to 15 offered, and 1,000 to
60 each was quoted against Marksman and Master But-
terfly without a response. For the Derby, The Rake was
at ii to 1 offered. Hermit would have found a supporter
at 1,000 to GO, but the offers were limited to 1,000. to 70,

and no blow' was struck. Marksman and Grand erase
were at 25 to 1 each, no takers. Blaster Butterfly was put
up at 1,000 to 35, and 1,000 to 30 would have been ac-
cepted. Julius remained friendless at 1,000 to 30. The
offer of 40 to 1 against Taraban met with another offer to
book 1,000 to 15. Aaron's quotation wu 1,000 to 15
offered, and Huntaman 1,000 to 10. Attempts were made
to speculate on the Lincoln Handicap and the Grand
National, but the offers of 25 to 1 on the field for each
event did not produce an investment. Appended are the
prices:
TWO THOUSAND GUINEAS.

4 to 1 apt Pitinid roktoT.-10i4;riiit
ds Joints tof;300
to "21 sod afterwar off,
100 to IS Hermit ;off) 1 1000 to 00 Marksman (off)
1000 to 00 apt Mailer Butterfly (off).

6 to I aget The Bake {of, I 1000 to 35 apt Muter Butter-
-1000
to
1000 to 70 rralt (a. t IlytoeL tDM
1 ea) to 30)
00 to I Markman (on) ato I Tarahso (off, 1
25 to 1 Graoderou(op 1000 to 15)
1000 to 30 Julies 'off) 1000 to 15 Arron (WI)
1000 la 10 apt Huntsman (off)
LINCOLN HANDICAP.
25 to 1 cat the Ylel3 (03)
LIVERPOOL GRAND NATIONAL STEEPLECHASE.

Cabe anti Militia!).

AIN I RALTY JAN. 23. —APPOI NTMENTS. —Lieu-
tenants J. L. Heane, to the Bristol ; H. C. D. Ryder, to
the Greyhound ; L. B. Solly, to the Heron gunboat, vice
Howarth, promoted ; W. L. E. Walsh, to the St. Vincent
(additional) for service in the Martin training brig, vice
Fitsmanrios promoted ; C. A. Hayes and T. Hawes, to
the Caledonia ; J. G. S. Clarke, to the Cumberland, for
service at naval barracks.

Paymaster T. Bradbridge, to the Galatea.
Staff Surgeon Dr. C. Forbes, to the Rodney.
Surgeons Dr. H. Felten (additional), to the Rodney ; Dr.
J. Young, to the Galatea.

Assistant Surgeons B. Gregory (additional), to the Rod-
ney ; W. 1.. Powell, to the Galatea.
Acting Assistant Surgeon W. H. Spume, to the Galiitea.
Master W. H. Bradley, to the Galatea.
Master's Assistant J. Thomson, to the Galatea.
Second Masters—S. Smith, to the Galatea ; C. H. S.
Douglas, to the Rodney ; J. G. Scott, to the Victory, as
supernumerary. . - _

'Assistant Paymasters—C. E. James, E. H. Key, to the
Galatea.

Clerk W. 0. Greenalade, to the Galatea.
Midshipmen H. T. Woodhouse, to the Royal Alfred;
R. H. Stewart, to the Charybdis.
Naval Cadet C. C. Woodland, to the Rodney.
Chief Engineer J. Coeds, to the Rodney.
Engineers W. Collier and H. White, to the Rodney ;
W. White, to the Medusa ; E. J. Ashworth, and
Davison, to the Victoria.
First Claes Assistant Engineers—J. R. Stewart, to tho
Medusa ; T. K Williams and W. Carter, t" the Victoria ;
F. Hallett and W. M'Naught, to the Rodney.
Acting Second Class Assistant Engineer J. E. Standish,
to the Victoria.

1. intents/trete.

EQUITY COURTS.—JAN. 23.
(Before Vioe-Clumeellor Sir W. P. Wood.)
HALLOWS r. PERM&

This snit is instituted by James Hallows, on behalf of
himself and all other ths original members (other than
the defendants) of the British and South American Steam
Navigation Company (Limited), which may be distin-
guished as the company, against Mr. William James Fernie,
nine persons, Messrs. Thompson, Colchester, Johnston,
Ridley, Smith, Wakefield, Watson, Weguelin, and Zahn,
who were promoters of the company before the issuing of
the prospectus below mentioned ; five other
persons
Messrs. Delsaki, Pardo, Dobson, White, and Hall, who were
subsequently introduced into the direction by the de-
fendants Fernie and Thompson, and another defendant,
Mr. Chilton, also spinet the company, and another oom-
pany called the British and American Steam Navigation
Company (Limited), which may be designated as Mr.
Femre's Company. The bill prays that the present
directors and the company may be restrained from
enforcing a call against the plaintiff and the
other original shareholders ; also for a declaration
that the nine above-named defendants are liable to
repay to the plaintiff and the other original share-
holders their deposit and allotment money with interest,
for an account, and for an injunction in the meantime to
restrain the company and its directors from carrying on
business; that, if necessary, the company may
be wound up; for a declaration that certain
ar-
rangements entered into with Mr. Fernie's com-
pany were fraudnlent and void, and for con-
sequential direction ; and for a declaration that the
appointment of Fernie Brothers and Company, as the
general managers of the company, was invalid ; and to re-
strain the defendant Fernie from acting as manager.
The grounds upon which the plaintiff founds his claim
to relief are, misrepresentations contained in a prospectus
trued subsequently to the incorporation of the company,
as to property alleged to be in the possession of the com-
pany, and as to the persons who were then acting as
I directors ; also that the company was never regularly mu.
atituted. The bill also sought to set aside a series of
transactions whereby it was agreed between the defendant
Thom son and the directors for the time being, acting on
behalf of the company, of the one part, and Fernie,
acting on behalf of his company (of which he and his friends
and relatives were virtually the owners), of the other part ;
whereby Ferule and Chilton were to come on the 0.-
tion of the company ; that three steamers were to be sold
by Mr. Fernie's company to the company for 160,000 f., and
that Fernie and his friends were to take 10,000 shares
in the compan , for which they were to pay 20,0001., which
sum, neve , was to be repaid in part payment of the
steamers. . . _

The Plaintiff's was is that an extravagant price was paid
for those vessels ; and that the result of the above arrange.
ment was to saddle the company with liabilities to the
amount of 440,0001., their subscribed capital being
only 356,440/., of which not more than 35,0001.
was called up, the company having power to call
up the rest at intervals during twelve months ;
thus, at the same time, relieving Mr. Fernie's company,
and conferring a large profit on him and his friends.
Upon discovering this arrangement (which they say was
concealed from them), the plaintiff and the other share
holders refused to pay calls, were sued, and filed this bill
in April 1865. On the 3rd of June last an order was
made by the Muter of the Rolls to wind up the company
under supervision ; and a petition for a compulsory wind.
lug up came on with the hearing of this cause.
The Attorney-General (Sir J. Rolt, Q.C.), Mr. W. M.
James, Q.C., and Mr. W. F. Robinson, appeared for the
plaintiffs ; Mr. Kay, Q.C., and Mr. Eddie, for Fernie and
Chilton ; and Mr. Kay, Q.C., and Mr. Bardawell, for
Thompson and Smith ; Sir R. Palmer, Q.C., Mr. Looock
Webb, and Mr. F. C. J. Mills,, for the company and the
directors (except Fernie and Chilton) ; Mr. G. M. Gillard,
Q.C., Mr. C. T. Simpson, Mr. Druce, Q.C., and Mr.
Atkin, for other defendants.
The case is not concluded.

COURT OF EXCHEQUER-JAN. 23.

Sittings in Banoo.—(Before the Lord Chief Baron and
Rezone Martin, Channell, and Pigott.)

JECHER C. THE CREDIT PONCIER AND LOBILIER COMPANY

or ENGLAND (LIMITED).

This case came before the court upon a demurrer to
pleas. Thc plaintiff brought tbe action agahistthe defendants
to recover damages for not carrying into effect an agree-
ment they entered into with him in January, 1866, to
form a public company with a capital of 1,000,000 f. in
50,000 shares of 201. each for the purpose of purchasing
and working a certain mine in Mexico. The defendants
pleaded that by the agreement the mine was to be of a
specified value, to wit, 680,0001., and that it was not of
that value. This was demurred to by the plaintiff, and
the question now raised for the decision of their lord-
ships was whether the covenant with regard to the value
was a condition precedent.
Mr. Kemplay, on the part of the plaintiff, submitted
that if the defendants had sustained any injury by the
mine not being of the value represented they might re-
cover damages from the plaintiff by a cross action, but
that the misrepresentation did not discharge them from
the liability of forming the company.

Mr. Bunn Martin said the beau of the agreement was
that the mine should be worth 680,0001. over and above
all liens and charges upon it.
Mr. Kemplay argued that nevertheless the undertaking
as to the value was not a condition precedent, and said
that, as there was no fraud alleged, it was open to the de-
fendants to give evidence with reference to the value in
reduction of damages.
The court, without calling upon Mr. Coleridge, Q.C.
who appeared on the other side, were unanimously of
opinion that the covenant in question was a condition pre-
cedent, and gave judgment for the defendants.

THE NORTH STAFFORD STEEL, IRON, AND COAL COMPANY

(Benicia) e. wAin.

This was an action for calls In a company in which only
• small portion of the shares had been subscribed for. The
defendant, in his plea, set out the ninth article of the
deed of aseonation, which was that in case the whole
shares should not be subscribed for or allotted, the re-
gistered members of the company, of which the defendant
was one, should, if the directors should so declare by reso-
lution but not otherwise, be and continue " • company for
the objects for which the company was to be established."
He then stated thatthedirectors had not passed such a reso-
lution, and that the calls had consequently been made con-
trary to the article in question, and without due authority.
The point was whether the defendant was liable under
these circumstances. . _

Mr. Gibbons, on the one side, argued that the plea was
not a good one.
Mr. Macnamara appeared for the defendant, and argued
that it was a proper defence to the action.
The court held that the plea was a good defence, and
directed judgment for the defendant.
In a similar case between the same parties judgment
was also pronounced for the defendant.

COURT OF PROBATE AND DIVORCE.
JAN. 23.
(Before the Judge Ordinary.)
HOWE r. HOWE AND COMPTON.

COURT OF BANKRUPTCY.-JAN. 23.
(Before Mr. Commimioner Goolburn.)
IN RE J. H. CLAYTON.

The bankrupt was a solicitor, of Serie-street, Lincoln's-
inn, and of Guildford-street. This was a sitting for ex.
amination and discharge. The case has been before the
court upwards of three years. The debts are stated at
3,010/., of which 1,631/. ts due to unsecured creditors ;
assets returned at 1,801/.
Mt. Bagley stated that the assets were dependent on the
result of a suitin Chancery, which was not yet terminated.
An adjournment was proposed with a view to a proposal
being made to the creditors.
Mr. Raise, for the assignees, concurred.
His Honour remarked on the time the case had been
kept before the court, and was informed that it was
owing to the bankrupt's illness.
An adjournment was ordered.
IN RE THE REV. JOSEPH CHARLES I:Ht./LIDS.

The bankrupt was described as of Staples-inn and of
Ingoldsmills Rectory, Bedfordshire. Debts, 2,331/. ;
assets returned at 901. This was the sitting for examine-
tion and discharge.
Mr. Murroogh appeared for the assignees ; Mr. Reed
opposed for creditors.
The bankrupt, examined, said he was presented to the
rectory of Ingoldamills in 1864 ; the net value of the
living was about 160/. He had no property of his own
now. He had derived some income from his literary
labours—leas than 50/. a year, and that was very preca-
rMus. His wife had property of between 20,000/. and
30,0001. He did not know the exact amount They had
been separated since 1865, the year in which they were
married. In 1864 his wife proposed to settle something
upon him, but be declined it. Still he thought that some-
thing might come of it.
Mr. Reed—Like Mr. Micawber, you lived expecting that
something might turn up. (Laughter.)
Examination continued—Three years ago a gentleman
still living promised him a legacy, at least said he had re-
membered him in his will. He had taken proceedings in
Chancery against his wife's trustees, but the bill was dis-
missed. He had tried to negotiate a loan in August last.
In the last twelve months he had preached
in various places, and had collected upwards of
3001. In one of his letters to a creditor he said,
" Do not deceive yourselves that any machinations of the
devil, clerics, or lawyers will harass me. I soar above
such things, and I treat with supreme and sacred oon-
tempt the miserable efforts of brainless parsons and legal
buffoons to vex my indomitable spirit. (Laughter.) Peace
be with you, and may the Lord hare mercy on your souls."
(Great laughter.) He had been troubled and harassed by
lawyers for two years. He had expended 6001. in building
schools and vestry on the glebe land ; for this purpose he
had made his own bricks. Cramer, Beale, and Co. were
creditors for 501. for a harmonium, which wae in the
church, and would be paid for by the churchwardens.
Mews. Defriea were creditors for 64/. for gaseliers for the
church. There were several solicitors in his list of
creditors—those were not the men he abused so mech.
Mr. Haddon, printer, was a creditor for 25/. for printing
a work of his. Johnson Brothers, ironmongers, were
creditors for 431. for goods supplied to the schools. A
draper was a creditorfor 921.
Mr. Reed—How is that ? You bad no ladies in your
establishment.
Bankrupt—l'll tell you, air—it is a condescension for
me to be examined at all by you. You are a buffoon.
Mr. Reed hereupon asked that the case should be ad-
journed eine die.
His Honour inquired if further accounts were asked for?
Mr. Reed said he should ask for cash and property ac-
counts for 18 months.

Attar hearing Mr. C. Lewis for the bankrupt,
His Honour wad he regretted to see a clerunian in
such a position, and directed an adjournment for additional
accounts.