The Express.
London, England, 1867-03-07 00:00:00

...s• I*.V 11,.V rt ' ' - Tins PAL )

th:r.l stain • .f dm omit rtmec to .et resumed
• - d Wit. I:trt.uCts Moll. under the presidency
• , r I:
IN • of the pr. s toil, day being re la objeCtiOrl
• Mr. Sri A N.,/f 0,04:i.M. to 4•ll`tiOn of Mr.
tottaidter of Ow coat rem, 114 matt., ale
.i 1: 11,,i, 41111 C tri.,l“l the etnifetenze
11, Ntet kshire miners he %sat, tint
• rof any tiaile sot it ty. lie therefore
• Mi. Mtn. to,: Is nig aon inht r ~f a trade
elt,able to ,tree ou till: tout: more et./.11.

.• I.

the n mantion.
: .•11.11C.1. -eruct delegates rkpriONSin4
t •..,t t lit t. WAS lit. n•pres.entatice miner en the
. ,tel S. r.. 11, -..r.•tti..n.• Were pr0pu,...1 with the
helon• the conference.

11:o!iol:,
I t 111, In tilt following resolution :
rvielerin,.„, ;non: ethcient the cone
•$. $ no la t yi relay. three, mote
to ti.t to C011•1-t of One I k pre.
, • 11..1 t in of the three great brain:hes of in-
, $ the $ stton, iron. and ruining interest He
•I: E$ wo:$:$1 meet the .list rgent views of

the re-.elution. The three branches
-•• to I• by tiic resolution
,• 1.,011,00i1 o.en.
;col il‘ stiltor ensued, which
111 th.• .1.1.6 w. of Mr. Uoillielly's resolution by a
,•
wi Iv accordingly.. t.. 1 a4ri ea to.
\ I I thun elect, ,1 on the committee for the
_ ant,-i. st. Mr. John Kant. fur the ironworkeni. awl
. for I ln.cot too Oper.ttiVC9 ; ni.,king the cum-
to u.a. h tit, counnissiun of inquiry tun

. N..10.1.tN,/ 1.1. 1110V,t11}1.0. Mr. Huglirs.the ilrlrgato of
nn. H, nhuuld Lo .01d,.1 to thr tlepot.,tioo uppoilitr4l
tint not. cryt.tiy.
'l t. d tLr rt solution, Which N agrt ett

r ,+:1 thin aht.,,lhek..l that nut having up till
•••I, It Ce IS .••I any r.ph fro. the Hooke Secret.try to
,5 t ',III to illlll to tccricr..ikl.ULltillll fruw t
. • . . ••• • • •

•
. • .• • 111• 11.1.1 I,l•ltti r tkl Mr. Walpole,
n,"1% w‘•.s.igeth.da written reply hhould

C..tot vritx th, .t.l,utirtwa for tern:shun:at.

I ,-EAv:ERS' 11.11:1: fi;i: MIRING THE PARIS

in a parliamentary re-

• • :pies of the from Lord llarris 31111 Mr.
N) i, M.l'. teheirineei resla•ctively of the 1131111011.
4 • .1.. :OA ;tti4i Partin Eastern Railway Coin.
; • • . .dl otlif i 4, to the Chancellor .1 the Exchequer,
, • • to the ee.noillathni 44 pessoigerif baggage during
contiiiimine of th.• Paris , ellibition, and of the cedreir
l• lice L. 4444111 t ill. Tn.:444411Y and the Commissioners of
-•••• . 4411 rho,ahlect. 'rho final decision of the govern•
• io the following Treasury letter dated
tb• nit., awl .ohliessed to Mr. Wll.3kill, M.P.
,411.,- ein directed by the Lords t'onimissioners of her
• •.,..,T14..14411424 (44 aryl:tint you, in reply to the mano-
r la, srntrd by the ili•putation that hurt in Downing-
fi f• •t. on the 2. 41, .lauliely last, in order to urge her Ma-
p go,ernioeust to dispense with the search of pessen•
• . dining the Colltifilrilirr of the Paris Exhibi- •
th a toy li.tve, at the inst,nce of the Chancel-
le' ef the IT,iuq ucr, made fol flier and snore minute in-
miry tiv• Fr, oclt system of duties, both imperial and
!tel, and ~,to the 1. gulations under which drawback is
•we.l on goals exported Ito:,, France ; they hare also
the 1%4,4 a 11141411 which yon based your general
that the ilitlereoce of prices in the two coun-
t • - :• ~'.t sufficiently greet to lead to the smuggling of
•.. end spit ifs to an appreciable extent : and they
..:• : to state that they unable to satisfy themselves that
t' • .ipreliensions winch they expressed in their fanner
I• • t,14113.44.5e1l to Lord I arris and yourself are unfoundcul.
• convitirta that the difference of taxation alone
I.: •. en the two ...lint rit•non t how two articles would Leave
s• • 0 a toarAin for profit on inip..rtation into Great Britain
.•• mete (wily smuggling a otter of great temptation to
Lt..cra pulou,. persons ; and a hile anydoulds on Bus head re-
1, no,they cannot reconcile it withtheirilutytodispense with
in, caution which protect,. not only the revenue, but the
I cu•st duty-paying tradesman. They can only renew the
given by tli, to On the former occasion, that they
fell Is. alweys reedy to aiford itssistaume to the railway
11114-41114,, if the latter are only disposed to co-operate
them. in mitigating the inconvenience to which pas-
f•..g.l3 are subjecte.l.--1 an, fee , (Signed)
"Crowd: Went) HUNT."

TLe l' *ssioners of Customs were strongly against
tL prayer of the memorial, and in their communications
Treasury they enter very minutely into the diffi-
which stand in the way. They state that articles
gold arid sibs, r plate are not unfrequently brought over
Ly Vsssullgt.ll ; and that it is not true that the prices of
spirits in England and France are nearly alike. They
say also that tobacco is much cheaper in Paris than in
Landon ; cigarettes are sold at four a penny,
ant more expensive cigars are only about two.
thirds of the Limilon price. Experience prover' that
passengers do now bring dutiable articles' in their
I,,gg v.:v.—tobacco, cigars (frequently in considerable
eau,le•cologne, and other perfumed spirits
being found by the officers. A privilege granted to French
pa-, tiger traffic could not, the commissionets say, be with-
lald fists passengers coining front Germany, Belgium
awl the sited States. ,

" NatwAhttanding all Mr. Within may say to the con-
trary," write the commissioners, " them is a great pro-
pensity amongst people generally, even amongst some of
those who are recognised as ladies and gentlemen, to bring
into this country custowable articles without paying the
duty ; anal the feeling is very general that, as they have
mice lohl for their goods, it is quite fair to use them at
home without any fresh payment, an argument which, if
it were worth anything, would extend to importations of
tea. sugar, wine, &c., which any gentleman might import
on his own account. The records of the department and
the experience of examining officers fully support this
; but we are induced to oppose the mug-
valuta for dispensing with the examination of
bs;:gage, not from a considenition of what bond
travellers would be likely to do to defraud
the revenue, but from what would certainly be
doe by the systematic "muggier if the examinationof bag-
g..' e were alone away with ; unit we are influenced not only
by a desire to protect the revenue from loss, but also by a
feeling that it would not be just or fair to the honest trader,
who imports his guods in a legitimate way, and pays his
duties, to open a door by which a dishonest speculator
might obtain his goods without payment of duty and
therefore on inure advantageous terms than the fair dialer.
lair own views ou this point have been confirmed by the
?Onions which have been obtained from some of the lead-
ing firms in the tobacco trade, both wholesale end retail,
as well se (non thee• dealing in perfumery." The cone
nu...toners then subjoin a summary of those opinions osnit-
tin: merely the names of the firms. There is no reason
to suppose that the :average time required to pay the *-
gag,. of passengers during the forthcoming Exhibition will
be Hutch. if any, in excess of the time now oc-
cupied, if the railway conipanies do their part, by
l'euviiling proper accommoda• ion, and a sufficient number
of porters to sort and convey the additional number of
Imexage., in like no ras we shall be prepared to pro-
VI•le 4 larger staff (according as circumstances may require),
of picked offiamrs, is. as to afford all practicable may
for
the delivery of the lautituri.••
"The Cu.towdonwe Department has always," add the
commissioners, '• shown the greatest willingness to make
..rrangements for the examination of passengers' baggage
eua hoard the weasels in which passengers arrive when ade-
aia.de space and facilities are afforded ; it has been the
practice to do so fur many year on board the steamers
:anteing from the continent by the River Thames, a
stecial set of officers being bounded at Gravesend for the
pupo.e, and we should be equally ready to adopt similar
att.angeatents on board the steamers crossing (ruin France
t!. Darer Or Folkestone, but we apprehend that the
hali!...l.pace on those vexed., the roughness of the pas-
as=e• eel other impediments, would prevent the adoption
..a.b as course, as the presence of the passengers at the
ex .a.in.ation would be indispensable. We think also that
t' • atdde van or other space could be afforded in a
r. deny train with means of access for the passengers
they, to.**

I::',f.t-C,flonel 11. C. C. Owen, C. 8., Staff-
•,l kAval Engineers fur the Western District, died
:Ale ri,i. lourniog,iit his residence, at Plymouth.
Theu.i4li mimit.,rial reflecting telescope at an
rl. °.„ in I .pper Holloway yesterday, the continu-
,. •IP t., Of the profile of the moon on the sun
s.'2o until was 'dainty distinguished. The moun-
t :..• .•., the dark in.irgin of the moon were beautifully
• ze.f qs,n tue 111111i110W1 disc behind, the protube-
,., the s.E. side of the moon being the moat pro-
.. id. the Le-Lititz mountains standing out in bold re-
to 10.11 the sun was totally hidden by
kn. eloud. At 10.40, only eleven minutes pre-
' • tLe termination of the eclipse, the profile of the
se. n with a comparatively smooth outline,
oti Isom the sun's disc. It WSJ seen also through
,•••• that a tremendous snowstorm was taking
1. • I. mid air, only an occasional flake reaching the
',I. The dense masses of ,hiring snow passing before
.A.,An•Ans di, of the sun seen in the large aperture of
.• s.rated a most extraordinary spectacle.
snow to tarsideti vision appeared only se clouds.

LAW INTELLIGENCE._

(THIS DAY.)

EQUITY COURT.
(Before Vice•Cbancellor Sir H. Moline.)

nr nc ECEN 0, GURNEY', AND CO.—EX PASTE n.tKEN AND

YliK.

The Attorney-General moved in this case that notwith-
standing the order of the court of the lstit of February, the
effect of a hick was to retain the names of Mr. Oakes and
Mr. l'i sk upon the list of contributories in the winding up
of the company, their names should be removed, that the
register of shareholders and list of contributo-
ries should be rectified accordingly, that the call
made by' the official liquidator should not be en-
hires tl, :mil that all proceedings against these gentle-
men in respect of these shares should be stayed.
Ile submitted that if, since his honour's decision, new
facts had lien discovered, Mr. Oakes and Mr. Peek were
not precluded by the former proceedings from bringing
them forward as ground for the removal of their names
front the list, so that every point that could be raised
might be argued, mid the whole case brought before the
appellate court at once. The ground upon which the pre.
Kent application was made was that there was no legally
constituted company, because there was no memorandum of
tiasociation signed by seven subscribers and duly registered
according to the provisions of the Act of Ista, and that
therefore :di proceedings in the winding up in chambers
or in court were invalid.

The Vice Chancellor thought it rather late to discover
that now. The point was so obvious that he could hardly
understinil bow it was that it was not discovered before.

Sir R. Palmer took the preliminary objection that the
rout t could not entertain a question of this kind upon an
application to remove a name from the list of contribu•
fairies, though it would be a proper argument for dis-
charging the winding up order.
The Vice-Chancellor said that while the winding up
order existed be must assume that it was properly made,
and he could not hear an application to take a name from
the register on the ground that there was no company.
The winding up order was wade ou the 11th of May, so
that it had taken ten mouths to discover that the company
was not duly constituted.
The Ittorney.Ceneral observed that there was an appeal
before the House of Lola from his honour's decision, and
it was desirable that every point should be raised there.
If the court refused to entertain the question now raised
that would be a decision which would also be subject of
appeal.

The Vice.Chancellor—There is an order of the Lord
Chancellor that there is a company to he wound-up, and
you a,k nie in the face of that to say that there is no

The Attorney-General said there might be a company
though it was not duly incorporated under the act of
1 ati2. It might be that the only shareholders were the
members of the old firm of Overend, Gurney, and Co.,
and tho,c who came in as directors when the limited
company was formed.
The Vice-Chancellor said he must assume that the
company was duly constituted and therefore that every
one who had taken shares and whose name was duly
registered according to the act of parliament was a mem-
ber of the company.
The Attorney• General contended that Mr. Oakes was
not properly on the list of members.
Sir R. Palmer remarked that that question had been
decided, and the order of the court enrolled fur the pur-
pose of appeal, and therefore the motion upon which the
decision was given could not be reopened on the ground
that something had been omitted in the argument.
The Attorney-General stated that the grounds of his
application were that the memorandum and articles of as-
sociation had recently been found to be ►t variance, the
articles empowering the directors to amalgamate with or
purchase other businesses, and that the voluntary winding
up under supervision must be treated as null.
Mr. Swanston, on the same side, urged that the motions
might not be disposed of on the preliminary objection,
but that they might rather stand over, with liberty to
move to discharge the winding-up order.
Mr. Mellish and Mr. Roxburgh were with Sir R. Palmer
for the official liquidators ; and Mr. Cole and Mr. C. L.
Webb represented the creditors.
The Vice-Chancellor—The order for winding up was
made iu May, latiti. Mr. Oakes, considering that his name
was not properly on the list of contributories, gave notice
of motion before my leaned predecessor in November last
to have his name taken off the list of contributories.
That motion came before me, and was very fully argued
during five days in Jaouery last, on which occasion I
thought everything that could be urged on the part of Mr.
Oakes was heard, and I decided that the name of that
gentleman must remain on the list. My order has,
I understand, been enrolled with a view to an
appeal to the House of Lords. and therefore it is now
an order of the Lord Chancellor. A new motion is now
made by the Attorney-General that Mr. Oakes' name
may be taken off the list on the ground of matters
discovered since the last hearing. Two preliminary ob-
jections are taken—first, that while the winding up order
stands no motion can be made on the footing that it is not
a valid order; and secondly, that it in red judicatur.
The Attorney-General proposes to support his motion on
these grounds—first, that there was no memorandum
of association subscribed by seven persons, and that with-
out that there can be no incorporate company ; secondly,
that there is a variation between the prospectus and the
memorandum of association, inasmuch as while the pro.
spectus proposed only to purchase the business of Messrs.
Overend, Gurney, and Co., the articles empowered the
directors to purchase the business of any other bill brokers ;
and thinlly, that there is no voluntary winding-up order
under supervision, and no appointment of liquidator can
bind Mr. Oakes. The first and third of these grounds
go to the regularity and propriety of the winding up
order, but while that order stands my opininion is that it
is not competent to me to hear any motion for taking Mr
Oakes off the list, on the ground that there was no valid
company. The winding-up order is conclusive upon that
subject, and until it is discharged I must consider
that there was a valid company, that there was
a valid order to wind up, that there was a proper me-
morandum of association, duly subscribed by seven persons,
that there was a valid incorporated company, and that the
winding up order under supervision is binding upon Mr.
Okes. I WI, therefore, distinctly of opinion that I cannot
hear a motion founded upon an objection to the evidence
of the company and the validity of the winding up. With
regard to the second point of the recent discovery of a
variation between the prospectus and articles of associa-
tion, if I were to accede to the rehearing of the case on any
such ground I should be encouraging a laxity of practice
for which there would be no excuse. It is so obvious a
point, the very one which arose in the Russian and in
Ship's cases, that I cannot hear it add that it is a new
discovery. The whole matter was fully present on the
previous occasion, and was commented upon by the
Attorney-General himself, and therefore it is not a new
discovery, but a New argument upon that which I have
already decided. On all these grounds I accede to the
preliminary objections, and must therefore dismiss the
motion with costs ; and I think the motion of snob vital
importance that the creditors are entitled to their costs.
I totally discountenance the application, which was wholly
unjustifiable. The same order would be made in both
cases.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
%woo v. WWI) AM) STANGER.

This morning the petitioner's case was resumed. The
evidence by which it was supported consisted chiefly of
that of servants, who deposed to various acts of familiarity
between the respondents. One of these witnesses, who at
the last trial had spoken only of seeing them in an equi-
vocal position, now gave positive evidence of adultery.
She accounted for this difference in her story by stating
that on the last occasion she was too much ashamed to
say all she had seen ; but having since been married, and
having been told that her reticence had lost the use, she
had resolved now to speak the whole truth.
(The case WWI proceeding when our report left.)

COURT OF BANKRUPTCY.
(Before
.111r...Conintiasioner. Holroyd.)

.11N. RE N. C. HACKIE.

This was the sitting for discharge. The bankrupt was
described as a sherry shipper, of $7, Great Tower-street,
and of Xeres-de-la-Froatera, in Spain. The indebtedw2ss
is stated at 73,042/. ; assets and property held as security
Mr. H. Griffiths supported the bankrupt.
Mr. Reed, for the assignees, said that although the lia-
bilities were considerable, a large portion of the amount
was .lue to bankrupt's relatives. The bankrupt,it appeared,
was also bankrupt in Spain, and in accordance with the
direction of the court, the assignees had communicated
with Spain, in order to ascertain the position of the
bankruptcy there. An answer had been received giving
the desired information ; it was stated that the bankrupt's