The Express.
London, England, 1858-05-24 00:00:00

EQUITY
(DAN ths Naar of Ila La.)

LT 22.

DaPOOIT 11-XD ORIVIALL L. 1711 £SIIV/LAX.CI COMPANY,

Ia this enee—the sTmineent la;hich was reported in our
impremke if the 10th al Marek—judgmest ins given to-day.
The short comes, of the from is as iallows : The cues y,
after cerryiag ea basiree fir some and lapsed* a
very Lege amount of messy, a report, is 1864, to
which day described the state of the tEvlpolY us nil
flourishing, stead Ile booms at about 10.0001., and aildal
that, se • vary paltablelcien deportment had ben added to
the origtesl briars of the company, it was proposed to Mee
new aliens to the amount of 100,0001., for the purpose of
working it effectually. Mr. Ayres took sours of the new
shores, awl though he aftarwarda attempted to repudiate
them, he had bon eampeiled by a court of law to pay rep the
deposit, sod calls. This wee in 1866, when the Wel-
vent amain of the cesepsay was iniknews. • low months
alawinsde the
was,
payment, and was
wined up mil the woe, whither Mr. Ayres was
liable to lie pined on the list of cantrilarcalles. fib chid
direr wee that he wee Wooed to take the share=
nehrepterentenme co the revert. Muth
was gene ine se to stn sine of the mmeper7,
width the Moor al the Rona mind at the that
whoa the preeperity report wee kneed, the Nub of the MD-
pay, man Nit had sell
meetoms and fentitare, would
hen hem ineelkelent Ile by about 7,8001.
Under these elrefamsmess hie Ficreeer held that the com-

.
pear could aot Iske wheatmeal ths dessuitits by which Mr.
Ayres lad hen Weed le soli ism, and that he nuns b.
strike el how ths Urn of emeributeries.Hr Rtes
send net k was no dice that al do6der:ly speared
much Ism es the books thee it really wee, knew the
directors NM bead to know the reel lea id the
=Spay ; end swam at the baths themselves these spriusewl a
delitieney d, under musk eirosasiseess,the slieswol
whisk holern made el the piesionme lies el ths ems-
pea woe such se must hare deluded the
who pith Seth
le W. It me wholly immaterial kr the proses ot this
gmedra whether the directors peressalty heraw- the reel m-
ust elide deliciewey. The osswpany vise beat by this
stalsommt, end moth sot call spa say ono who Mt bewt
hashed by it to c!rsteibuteto that loom _
-

Mr.fiegry-ieek l4:l3lciesows wore for the official ma-
uve ; Mr. Palmer end Kr. Roxburgh for Ayres.
COURT OF COMMON PLEAB.—MAT 22.

Malmo la Haaeo.—Bsilm Lawd Odd Judea Cockburn,
aad Joe**. William, WUlaw, sad Bylaw.)
IeILUNII I. JOTICIOR.--11•11.01e ADVAXCI 1011111.

The plelatif i Wee .led era es Wynne, note for 61.
her • arms ammeilleahaaHM, sad hr pat of It bad add
Ma gene tad= tad had era Led Me WIWI in race= !
The =ha wee reagle la the harp Gear MlArtwool to
resew aareat of tie adores web Mr the slipover,
I rid airs triel it was stated thet the phiMlLr Hl l bad set
bee& dear of him. weal. bar =mpg
ride I= le Id. it
UN note At the =al the was kr Ss
181.11111/061,0114 NM the prier applied= wan at err a redid
for re *NM= gi. To-day um= ma tee= =the
role le eats $ redid for the pistil rade
Mr.
the Gray appeared to =ow can= and Yr. Brett to imp-
port
rule
Tie advance note in aeration was In these terms " Tat
days sitsuardadrelitheili Athlone sails boas the port of Liverpool
I, the do hereby promise end ager to pay to
any we who advance to Ruben Hill on this agree-
! not N. (the war of 61.), provideed the rid Reuben Hill dud
ed lade said *hip from Liverpool. " It was objected that
the phdasid could not recover on the note, inasmuch aa be
bad sat =vaned Hill the whole amount of 61. in money ;
but ea the other hand it was said, that if that were No a*
seder seeid maim use of hie dv®r note, insemisob
se se sae would admen the fall moans of
the mete without either Mimed or profit. The
very eldest of notes of tae Idlnd wee that sailors should
ores doer at to go ma fa. IMpoweee would not a-
vers amp it taller le If Ise
MI the rim would pro-
=beamed whe. wed= ; bed V are wars given
eadledging-heire repel weals orb the sots,
be they dew when bled aft= trey tailor in Liver-
• sad the. could, to tom =lrk Isla their gokag to
an. Of necessity, however, err pissias PIA le paid for
the risk they ran. Tba legialater, with the view of pre.
vendee tho sailors from berg =pond on, hid Mend wri-
est eartiseler upon soles 01 this bud; bee hard= agai-
lass theued bow advantageous those =tie eadthenhee
every sishelebie newiteena bed been removed. opaillus,
berg one 411 eirdirable hopertrace, was burghs him
lrd* for the purpose el obtaining se arboritative
daddea.

The Odd Judo. was of opinion that ths Tub should be
redo sholnin. HY kedship, after &MY( the foots of re
SINN thst be thorsit that where per were wholly or
la pert Om Re e are of this khbd dr sots err be rs-
km& liras ri this - bed busts re s post sentor al
err and won resi Is be et is
los lap-
Assn Iswirt than thr leis MO per is rod or k
Mseer Imeellork reed It; bat trp arm Id Ore
seer they mil reds dere% rid other three aredol to
iltdr eueret rim la mop. It scald rad,
Me cermet proteettor S Woo Mil thee re are woo bed
brow ersilor bed pt thowheis a parte, the voloo in gook
It wow* IS wig wire wear km bus the sibs tf
re sou bed bra Is war; tut ors ars be
*M OS thee the soft roil ler bus Wires& [No
doer perms took elvesless et the dresnotroor of
ars to snort hes them a Yr. &tarok bet ardlote
Mr Aar people srot de their bed to peter thoorder ;
ad tto reerestrot 7rooki be Friar If the eat were to

drellirludilMi MIS e*1821.0.
Er. Sian umo amiss Dyke aosmaL
Kr. loin VON* liessour, vw alseely d a mammy
=lt won • aralla fir Sr jmy whether tho
atom Ile *ft of dr age* an was • aro la
elite *a *big udialmiak Alia AIM the
war or- jar OM par mom se !la obrialA no
(farm afie amory Night be •11**81
/Wise lacks Ibat I pa
be oiaL,
lowa. la the wary ws, Amaeb 4111trilba
foodama UM 01116 wi iihnost boo • roma is
wtable to gnaw hamosif is • afar. A I=l igif
weak him, hes boner able than is mut to 'lmam
pm* isall le armed la thus uarioes prallb, or
Ilkihs, as was sappoasd, Y.awLW Wary Wild Odle
ban lioldio dr prattler. HeWl•portiewhir *MI*
*Or 11**Ift of otairakaio; art osuilusi MI
Iwo *ea hiliallos yr** ocalossiod fro tbfwg=Oft for *a ow* *ow that amollar Wag was ardvoist is k.
quoilla ma, ',biotin. a advises of IL lA* h aver..
was es aim* of 130. la toraor, secovelage to the set.;
V be *NM Moo dragbi thot
or
awn of the yap
of the veil wadi haw aft Oft It or oat The payawat
Ira
pods am oquivakaa taa of slaw. tor
Ira warm be thaw* that the shoot b• dleaborpi.
Bab dmida.

00URT OF EXONEQURR.--May 22.
T. raw th• ersi do, of Trlmby ?Ink the Inns
tome of Vie oenrs, the Lord Ode Dam, NM Isms
Malik lusisassil, sad Wassaa seek their seats sa ths
barb at 10 ekal.
PIM IP. PatCL—CANOXLLIa 0 WILLS.
This ass la salon of Med at Brecon Wore Mr.
Jtsatlos Crovar, the plaktMf ailsobag, as she be* at-hnr,

the property in guidon. by the deities the testator be-
awthd We deaghter, Marla Ana Powell, the ails of
tithe Powell, erode hour mad lands In trust for bar
three children, the property berg shared with hi jut
debts and funeral exesams. It wee proved at the trial that
the testator.' met having remoneleated with him on the lab-
Jet rtf the wM he said be eimald destroy ft, sad ea his
Math, • ficaright afterwards, the will was bead with the
seal ton o la Rawls@ the three final haters of the word
AnteraL The jay found that the terror bed tors the real
with the intend= of revoking it, and the learned judge re-
'erred the point whether, under the oireamatenre, there
had her. a rofficirat revocation of the will. A rule to set
ride the verdict was sahsequently obtained.
Mr. Malkuialt now showed canoe against the rule, and eon-
Mailed there had been • sallicient myrrh& within the
meaning of the 6th erection of the Statute of Frauds, Gad the
20th section of the 7th William IV. and Ist Victoria, a. 1111,
witch enacted that wills should not be revoked abrades
than by bunting, tearing, or otherwise doying by the
testator or some peter by hie direotka In his
The question for the oourt wee, whether this trill Cisha.
I revoked by the teasing of the testator with the Intention of
revolrMg ft.
The Lord Chief Baroa—The only quokka far as is
whether what was dose read, by say possibility, be
sufficient within the starts. There is no Tierra that if a
man mere a will arm oaiscaaseli. and the jury ea fikol It,
even though the whole of the writing should renter posibek
the will is invalid. Surely It cannot be held that every par-
ticle of the will mast be disposed of. If the will be torn so
r to be demigod that would be
Mr. Barr Marvell—Do you say that say tearing will
do, or do you lay down • general rule that there most be such
mad each • tearing ?
Mr. Melhuith mid he would contend In the first 112160011
that the will must be torn or bunt. If tees, the quirks
was with what intention the act was done. He would not
cared that if • will were found in the pausesicm of • tes-
tator after his death somewhat torn, It was a proof that it
was dose animo cescallendi. The trishaws laid down no
rule cm the act of auscalling, but he should think that In this
ease the tearing edits' seal was a strait enders of mon-
her. He would farther submit that the tearing mast be of
snob • nature as to lead to the preemption that revocation
was Wended, which it did in the power ease.
Mr. Grove, in support of the rile, coatended that cancel-
ling a will meant the concealing of • matierin part of the will,
sad that in this instance it was not of seta a adore as Is
1.1.. Tuna jury had found that
there was in the mind of the testator an ingestion to revoke,
bat ft was for the court to direct them whether the ant done
was sullldent within the statute. It the omit aevejodantrot
la ihvourr of him learned friend that any tsar In • will was sue-
Ii fidget within the statute, every torn will, word be • litigate-

The court reurrod judgment.
COURT FOR DIVORCE AND MATRIMONIAL
CAUSES.-I[.T IL
(Before the Judge Ontioary.)
MONT O. STACNT-41117111:17.
The pritioner in this ore ire nonfat la tbe year 11142
to the alent, than s batter et Brrool, bat sabsognattly
el Windmill, rod of Cranbourserarest. Hlabed
brans dissipated and brutal rary soca saw the asks bad
tags prom ; sad et the moment dr ere was brad hs was
CltZa asstenoe of siz Maths' tosprhostesat at
rall for ill-treating the prdidoser.
Br. Atherton, P.C. and Mr. Welkin Williams harm'
ailed evidence in,Lc of these We, the Goan without had-
tetra decreed a j sepentisa.
COURT OF BANICRUPTCL—ILer 22.

(lisioo Xr. Coaushekese Faablorpos.)
TN 13 002C11 AND 00101.--121 =mango DANN.
This vas the sdjoarasol barbs deo solioatioa he oar-
Mash by Ishii Maio (hash mil Mamas Hatay °etch, ths
Yeervelerg beakers, bravoes, lams% sad shoe msaufso-
taroos.

Lawrence sparred he the essigness ; Mr. LaMar
for various creditors ; and Mr. C. E. Lewis kr the bak-
e us • Henry Goloh, the parer who had ardneted the
Wainer of the link, be
ferret erried, rid—My
=lwas is Warr la Marting es a ries rear
1780 er 1790. My finna *lna hini.
and I aired the hissisearin 1826. The set par in 1863
win 3,8001. , in 1864 they wen 4,6271. The avenge net
probe during the het twelve years, after dearth* ell ex-
pensee and bed deer have bra 8,0601.
The *irrupt was thee dor es to the debt of the
Br. Mr. Alba Mambas,* at he Ras de annuli. Eras-
seis—Wz., 24,9971., Wing he lergall amount doe lo the sitar
Thema& features of this transaction appear In war report of
Thursday last. Copier extracts wetsrid tar $ huge
sass darn her this Indiana * the laringis during
the her yeas end nine ninths, annerslng Jr. 11,1863
mil maim July 4, MP. To give err Ilea et the =teat of
*di reirmilenta we may amiss that It sr oder sore
MI6 haws, era iarride ever 184 shrly written Wirehair
One of haler** hares whisk ranoterise its care*
to that, with a few ezertions, every letter commences " I
have rim day drawn open you in favour of," tro , for so
rah. This is invariably accienipanir by
=rneweeria se the entriadal rind= the writer in
whir wars galena, boo, lad said copper area,
issaWs,polos, sea aro quarries, propand arpense, and
air eperille• berastiess the most positive marrow
that he mil aired* raise a imp fears, and be able
to repay the ha rings his largo sad facreeeing debt ; Wa-
rr to the helight peeper in store for there If they can-
=the hal careinesies to hirer sad them If they
heir 'dairies, mil
fasa Iligresioas of the deep and
fratherfag granule be ash towards Ids " drr and valued
is."

The examination of the bankrupt:was then resumed. He
mid—Whin Macpherson left England so largely in our debt
we eousnanoed making advances to him in the expectation
that it would amble him to pay tut. We were led to do so
by the letter stating the number of patents of which we had
en alignment) and that assignment is in the beds of the
aseignera We believed if we stopped his aperefilses it would
mks the debt bed. Had his debt bun esalbei I hulas we
skald have been able to get farmer
By Mr. Linklater—ln J saurr, MosiCimes debt
was 7,0001. Isis than It was at our was im-
mediate/7 Ayr our good yew in*ad= badness, 1864,
when we mad* 4,0001. net profit. We went on she January,
1856, in the hops of Terrier* efausives with the profits of
the manufactory If they otatiumi good. Warden's debt in
January, 1866, was 8.000/. ha Men it was at the stoppage.
Mr. Lawrence said—Oar spot is endeavouring to see what
he oan do with Warden's gni Marpherson's debts. If the
bankrupts thisk their prierna might Improve we will consent
to the mrellen of his imillionse being adjourned for six
months in sonamin the neat. _

This Wepiami was seistsewital.
Thanieelsmes—Mene Macpherson appear to have lad
any resonmes In the winhi inept this bank?
Mr. Lawnisce—Nrem In the world except his pensbw,
shoat 16031, a year.
The Commaneers-4 wanted to see whether a man lII}-
poi to these ezteelve speculations had inspired any mei-
deice bey one else except them bankrupts.
Yr. Lawraace—No,
liandnation reewased—Our stook in trade was worth
20,0001. We never, in any of our difficulties, sold say
stock at a fumed mks, nor under price, nor an till el
that sort I never arrived at the conclusion that
llaepLr-
son's debt was bad. When he vent away he had the dm-
rector of an basest rasa, and so far as I knew time we so
reason to think otherwise.

JahnDavis &tell; tie porta,' who bad conducted the
business of the feetory, was then examined. He adopecl
the etatemente made by his Muter with regard to the bed-
nem of the bank end the other transactions, but he professed
shame satire ignorance of the rote of the various accounts,
their rate of Mamie, the contents of Macpherson's lettere
(although they were always received and opened by him),
and, in fact, as to the principal affairs of the cartnerahlp,
hie evidence wee given with much hesitation and appa-
rent oceduka.
In the cameo of Mr. 'Anklets?. arm-examination

His Home most warn the bankrupt that be
mast take the consequences of my coming to the madlusion
that be was rawly negligent.
Boiemoisod by Mr. Lewis—l Method to my brothr's
mommemit.
Mr. Immo, mid It was matter both of surprise sad me.
pat that maa in the poem*. of their Mathes should have
acted as the had does. As heelers they lad
copies • mire pukka Sea arMey traitors. end
wen expected to morals* mon mad= sad prodsaos. They
of all men were ameNthis la the lost dopes for Mims
which would be vonsl to maw, Mlles, bat la halm
were wholly lailthedble. This was anpadally the me with
mord to Mho of thene. Ia this cam they had Wald notes
to the sot of 9,00 th. In 1862, en met oesurrel whit%
ought to have teem& then to a NM of their position.
nit Milli his name wr relathed in the fine ;
dry them asersd bow they theell, sad aft that they
wore set *Mi ta gong ea el
Wm The birth
wee ineeleset to the elated el lOW. on the
adman that web ; the rash shmejth that the
amount of tssolmet
saes mad bath They must thee
have known that the wee • Yang eaera ; ay It was
• Moen and a hand sa the depoden sad the trodsoure to
awry it on. them that Me the pm path Mil =lit
7,2ol.—hunt LAIL a pm; thie amen
=of laterest
m camped bad Mtn. so ho
the leak
ad on at a lass. Whet meld he sagscud ham mis
a beim so semboted. where to priMasathead slaspel permit vas
etrpmyio,
by
MAW the wrechad pa of se msem
GM actually vuuted Wm tothemendol 21,0001. f
Was this ty, or was it dieleseseg y In the two pare
Wore the Oswego they ad at enamel him to la-
steam his debt MAU ; and this to • rethgee—• inee
tedly oat OM psbeist clam law, whims not
*ea their those of their imodites,
a nender of imlhW mociadons. par-lsw
Mom It vee beredible say sene ma meld be WM(
* the rabble waft by this pima, who was • sandal to
Ns war. They bed not beenkliA The that ma, they
led net dirndl to step this ma, het they MEM also Me to
Map ; they Ml_ gees 1111; *me lossUr 01
dens. Other bed debts, Omsk ea sash, had
bra aimed to tereema The bath doors MI tem bept
=not kr the mime af contemn, bed Maass the
Melt were shall to den them The eare wr
cherly Magid within the mthdpie of " ix parte RaMord"
D. sad G. M
234), and the centiltate mot be ed=rzi
They had own that the bask vas
in 1832 ; awl it was no any to my Set IS:0100.
comers la width they wes swaged me sanest.
It wee impend& so ray that imenece said be made an
encase far then coodoet ; the depositors had meted
them as the faith of their panning an average amount