The Express.
London, England, 1866-06-21 00:00:00

THE EXPRESS, THURSDAY EV4ENING, JUNE 21, 1866.

MX mmismaraz cams.

BIRMINGHAM, WIDNESDAT.
A requisition to the Mayor of Ilirmingham was
preeented last evening, " to convene a town meeting at
the earliest possible moment to consider the defeat of her
Majesty's government on the Reform Bill, and to take such
steps as may be deemed necessary to support the liberal
ministry, and to secure the pasting of a large and compre-
hensive measure of reform." The requisition emanated
from the " Liberal Association," and was very well signed ;
it is most probable that the meeting will be held on Satur-
day afternoon.

NORWICH, WEDIIIRDAT NIGHT.
The advanced liberals of this city will hold a
meeting to-morrow evening, to consider the present state
of public affairs.

MANCHESTER, WEDNESDAY.
An important meeting of the executive commit-
tee of the National Reform Union was held yesterday
evening, at the offices, Newell's
-buildings ; Mr. George
Wilson in the chair. Mr. Wilson, in his address to the
meeting, regretted the fate of the government in the recent
division. He considered the conduct of the ministry
throughout had been such as entitled them to the warmest
thanks and luting gratitude of the people. It was also
gratifying to the liberals to have as their representative Mr.
W. E. Gladstone, who had, as leader of the House of Com-
mons, fought such a manly and unflinching battle on
behalf of a noble cause. From a telegram he had re-
ceived from London, he learned that the government
' had tendered their resignation to her Majesty, and the
house had adjourned to Monday. Without venturing to
predict the result, he might say that he had some doubt
whether her Majesty would be prepared to release Earl
Russell from office ; but, however, it would no doubt be
considered desirable to hold a delegate meeting as early as
possible.—Mr. R. D. Bnsdsn, the treasurer of the union;
Mr. W. R. Cramer, of London ; Mr. J. A. Haalam, of
Bolton ; Mr. Adderley, of Stockport ; Mr. William Stokes,
the Rev. A. Hall, Mr. W. Warburton, Mr. J. Wainwright,
Mr. D. Brewster Mr. R. Cooper, Mr. J. R. Cooper, 'W
J. .
J. Stanley, Mr. Halliday, and others, spoke, urging im-
mediate action, and expressing their opinion that if ever
there was a time when reformers should speak out it was
now ; and whilst it was very desirable to hold
an indignation meeting in Manchester, it was equally
desirable for that course to be taken by their various
branch associations, and indeed by all parties who were
earnest in this question, and that they should boldly
come forth and express themselves. It was also generally
thought that the defeat of the government proposal would
only to a very slight extent affect the progress of the mea-
sure for reforming the representation of the people,
which, being based upon justice, must ultimately triumph,
and its opponents would find the rejection of so mode-
rate a measure would only necessitate the passing of
one that shall confer the long-withheld right of voting
upon a greater number of the Queen's subjects. It was
ultimately resolved that a delegate meeting be held on
Friday afternoon, and a public meeting in the evening, in
the Free Trade Hall.

filluisic.

NEW PHILHARMONIC CONCERTS,
Dr. Wylde has brought his New Philharmonic
Commis to a close for this (the fifteenth) season. The
fifth and last of the series took place last evening at St.
Janseerhall.

PROGRAMME.
PART L

Overture (Der Alchrmist)
Aria, " Della vita," Signor Gamier
Cavatina, "Or la caul' onda" (II Guiramento),
Madame Trebeill-Bettini Mercadante.
Symphony. in C minor Beethoven.
Madame Oriel.
Air, "The last russet summer,"
Instrumented by Flotow.
Duo, " Si L stanchersa" (Trovatore), Madame
Trebslll-Bettini and Signor Bettini Verdi.
Overture. " The Midsummer Night's Dream" Mendelasobn.
Parr IL
- -

Concerto, in G major, rtarolo;te, Mr. J. F
Barnett Beethoven.
Redt. and Aria." Mitradi" (Don Giovanni) SWIM
alnico
Duo, "AI espied" (Vitalism& in
Madame Trebeill•Bettini and Signor I=l ltoesinL
Overture (Ruler of the Spirits) Weber.
Osodootor—Berofeasor Wyk's, Mn Doc.
Madame Grisi's appearance was suecessful in the highest
degree. She sang "The Last Rose of Summer" beautifully,
and her reception was enthusiastic. She was applauded to
the echo, and, after she had descended from the orchestra,
she was recalled, with acclamations, to receive renewed
expressions of admiration and pleasure.

tido Intel-1121nm

EQUITY COURTS.—Jura 20.
(Before the Master of the Rolla.)
vU coloascuL sem CORPORATION OF INDIA AND THR
This man y, which is being wound up, were the
holders of bills of exchange accepted by Messrs. Smith,
Fleming, and Co., who were creditors of the company.
Some days ago, alter the winding-up order, but before the
appointment of the official liquidator, an injunction was
obtained exparte to restrain the negotiation of these bills.
The offical liquidator on being appointed aplied in cham-
bers for leave to negotiate them, and his application stood
over till this motion to discharge the experts order should
have been disposed of.
Sir Hugh Clam, Q.c., Mr. Selwyn, Q.C. and Mr. Druoe
were in the matter.
His lordship gave judgment this morning. He had de-
ferred it, he raid, as the we was one which must be of
frequent occurrence and in which it was very desirable to
lay down a general rule as to the course proper to be
adopted. His lordship added that the official liquidator,
or rather the court conducting the whole matter, being in
the nature of a trustee for all parties, it was not justifi-
able to take any proceeding, which should give advantage
to one set of °estate que trnstent over another, and that
this was a fundamental principle of equity in all
winding-up cases. It was not for the court
to interfere and say that one class of creditors
was preferable to another ; its duty simply was to
adjudicate upon the rights of the parties on the principles
of law and equity administered in all such oases. In the
case before his lordship it was certain that Messrs. Smith,
Fleming, and Co. were creditors of the bank when they
gave the acceptances in question, and that if the bills had
remained ia the hands of the bank until they had become
due the right of set off would have been obviously clear.
The application was for leave to allow the official
liquidator to discount these bills, and so to
enable a third party, a stranger, to do that which
the bank clearly could not do. His lordship thought
each a course could not be adopted, and that as he bad
said on various occasions, as the tree fell so it must
lie. The rights of the parties must be determined as they
then stood, whether they were worked out or became ma-
tured by an effluzion of time, it being the duty of the
court not to give one set of persons advantage over
another. The nand course was that bills in the hands
of the official liquidator were retained by him until matu-
rity, when they were preeented, there being generally a loss
when they were good bills, and the same if they were not,
in discounting them. His lordship then expressed his
opinion as to the course that should be adopted in these
matters. He doubted whether the proper course of proceed-
ing was what had been adopted here. It was quite clear
that the applicant might have filed a bill ; but the proper
form of proceeding in future would be as follows. The
official liquidator was not to be at liberty to nego-
tiate any bills without the leave of the judge in
chambers, and where anybody was either a cre-
ditor or shareholder—that is to say, one of the
persons for whom the liquidator was in the position of
what might be called a quasi trustee—notice should be
given to such person to show cause why the court should
not give leave to the official liquidator to negotiate the
bills. If such person did not choose to come in that was his
own affair ; if he came in then the court could determine
the question between the parties at chambers, or adjourn
it into court. His lordship said that questions
were likely to arise in these winding up cane
which had not yet been dealt with by the court, and
the mode suggested seemed the best way of dealing with
such as that now before it. He wished to express that
opinion publicly, thinking it the cheapest and most proper
course with regard to the practice of the court. Upon the
present occasion his lordship said no order would be made
other than to direct the official liquidator not to negotiate
the bills.
A discussion then followed upon the question of costa,
which his lordship said he would dispose of to-morrow
(this day).

COLENSO It GLADSTONE.
Mr. Wickens opened the argument for the defendants
in this case. He appeared for the crown.
The Attorney-General then addressed the court for the
defendants, the argument for whom will be proceeded with
to-morrow. His lordship observed, as the Attorney-
General was about to open his case, that be must address
him as Sir Roundell Palmer and not as Attorney-General,
not that his lordship could object to his appearing for the
defendants, but that it was right to say that the learned
Attorney-General might argue against those whom it was
his official duty to protect.
The Attorney-General said he was aware of the pecu-
liarity of his position, but it war not without the sanction
both of practice and authority.
His lordship said Lord Campbell was placed in the like
poaition when he was Attorney-Gent
al, and appeared in
the case of Lady Bewley's charity, in which his lordship
himself was also counsel.
Mr. Selwyn, Q.C., and Mr. Pemberton are also for the
defendants.

(Before Vice-Chancellor Sir J. Stuart.)
DRUMMOND If. DRUMMOND.
The bill in this suit was filed by a lady who bad been
divorced from her former husband, and her present hus-
band as co-plaintiff, for a decree to compel the former
husband to repay to the Glasgow Life Insurance and Re-
versionary Company a sum of money which she and her
former husband bad borrowed from that society, on the
security of property in Scotland to which the lady was
then entitled as tenant in tail in remainder. The de-
fendant was now domiciled at Bonn, and an order had been
obtained to serve him there with a copy of the bill in the
suit. A motion was afterwards made on behalf of the de-
fendant to discharge that order. The grounds on which
that motion was rested were these that there was in
this case no property in England in question in
the suit; and that that being so, the existing
orders of the Court of Chancery regulating the service of
parties out of the jurisdiction of the court did not apply
so as to make this servioe a good one.
Mr. Malin', Q.C., and Mr. W. Pearson appeared in rap.
port of the motion ; Mr. Osborne, Q.C., and Mr. J. Pear-
son appeared for the plaintiffs.
The-Vice-Chancellor, after commenting upon the cues
of " Cookney a. Anderson " (32 Law Jourad, Chancery
Reports, 427), and " Foley v. Maillardet " (33 Law Jour-
nal, Chancery Reports, 335), which were decided by
Lord Westbury when Lord Chancellor, who expressed his
opinion to be that, notwithstanding those cases, the provi-
MODS of the 3rd and 4th Viet., cap. 94, and the more re-
cently enlarged powers conferred on this court by the
orders of 1860—which bad the force and effect of statu-
tory enactments—the service of the bill was in this
instance a good one ; and the motion must therefore be
dismissed

report, and she afterwards canoed it to be communicated
to the plaintiff.
Mr. Hawkins, in reply, said that if what had been stated
that day, if true, had been said in May, in all
,probability
they would never have been called on to try this case.
The Lord Chief Justice, in summing up, said the ease
had been defended in • bad spirit, and the plaintiff was
assailed with what had nothing to do with the ease.
The jury ultimately returned a verdict for the plaintiff,
damages 251.