The Express.
London, England, 1866-12-12 00:00:00

THE EXi).

*parting linttlifignicte tido lEntelltsttut.
THE METROPOLITAN GRAND STEEPLE- EQUITY 001JRT113.—Dec. 11.
CHASICS.—Tusgoar.
Tide saw inaging vaa inaugurated to-day at Kiagsbury, Wen YiserChaneellar Sir J. Stuart.)
sac:entry, about a mile and a half from the Welsh PLATT IL WALTII.—WALTER e. PLATT.
, don, and. beins under the ma
ale of Yr. The object et these snits was to ascertain the rights and
rot by Mr. Warner and an ellielent staff, Interests of the proprietors of the Evening Mail news-
% obtained Ci.apatronage their labours deserved. The paper in and ever the 2'iams newspaper. It appeared that
weather was moderately fine, although a heavy fog pre- the two papers were originally established—ihe Tinter in
vented the races being seen to that advantage which a 1788 and the Erasing Mail in 1790—by Mr. Walter. In
deer day would have ensured, and the ceseatry favoured. 1820 Mr. William Walter, who was then the proprietor of
From the loamy nature of the soil it was antimpated that some of the shares in the Evening Mail, sold temh to a
the " going " would be somewhat heavy, and them, &Encl. ' Mr. Platt, through or under whomh te plaintiffs in the
patious proved to be correct. The attendance was large, first suit claimed. The plaintiff in the second nit
and speculation brisk. Details are appended: I was the resent proprietor of the Timm newspaper.
Tax Hriiv STEEPLECHASE of 5 soya. each, with 30 From the commencement of the two nnde
added, for hunters ;weight for age. About two miles and .it had been the practice of the Times of=
a half. (5 subs.) 'apply the Awning Mau with type and literary
Mr. Z. (Sigurd's WaterPerrY hb . 6 yrs, listlSM matter ;in feat the Evening Mail was the Evening
(Mr. Hobson) 1 Times. That arrangement continued till 1861, when Mr.
Mr. Desmond's Seaweed (late Speeime). 4PM 1144 Walter, the plaintiff in the second nit, gave notice to
(Mr. Y. Barker, 2
Zephyr and Denceaway also ran. the Evening Mail that the partnership which had till
Betting ;7to 4 apt Waterperry 2 to 1 apt Seaweed, then subsisted between the papers would be dissolved as
and 3to 1 apt Zephyr. Waterer
gotaway in advance : from the 31st of Deoember,lB6L Further negotiation fol.
ef Seaweed, Zephyr,
_and Dsnoesway, to the grit fence, i lowed, and ullimateli these suits were instituted. The
width Zeldir replied, but being got over at the second I rilwieter• el the Nropilig Mail insisted that they had •
attempt, he went on in pursuit. At the second fence right to call on the Tinter to supply them with type and
Dargesway refused, and after several ineffectual attempts . matter gratuitously, which Mr. Walter denied. The first
to get over, was trotted home. The favourite went on I bill prayed for a dissolution of partnership, an account, a
with the running, being joined by gemmed after going ; sale, and an injunction to restrain the defendants in that
lull the distance, and the pair raced together till the last 1 tit,,freei.iidilr• hearing
the publication of the Evening
fenoe, where Seaweed came down a "banter," and the I -."1" until the ""'"--* of the The second bill
favourite won easily by ten lengths ; nothing else passed prayed for a sale of the Evening Mail, and a declaration
the post. I of the rights at the parties.
A STEEPLICHASE PLATE of 30 soya, for 4-yr-olds and The Attognery-General, Q.C., and Mr. Baphswe, ili
for the plaintiffs in the first suit. Sir Roundel
wryer& • penalties and &nominate. Two miles.
Mr. Chnliyre Cock Robin, by Turnus—Rosy Mom (E2O . slaver, Q.C., Mr. Jewel, Q.C., and Mr. Haddon, &p-
-aged, lOst 121 h (22r. Grant I peered for Mr. Walter. Mr. Pawn, Q.C., Mr. Grene,
Mr. O. Glikes's Idiot (f. 20;, aged, list 410 (car. Ilst lib Q.C., Mr. Craig, Q.C., Mr. Steed, Mr. Boys, and Mr.
(W. Brazier, t Plummer, were for other parties.
Betting :2to 1 on Cock Robin. The non-favourite led The Vice-Chancellor thought that any such claim as
far a short distance, but, running unkindly, the favourite that which was alleged against the Timer newspaper
got in front, and won easily by fifteen lengths. The win- must be the result of some contract either expressed or im.
air was bought in for 36 guineas. plied, but neither the transactions accompanying the sale
THE KINGenCET PLATE (Handicap) of 50 eon., for all of the shares in the Erasing Mail in 1820, which wasam onlyass-
ages ; winners extra. About two miles. a sale of shares in slat paper, nor the
Mr. Darrow's Ballet Girl h 1)% 5 yrs, list ;Mr. Ilillwart) I gone made by the proprietors of the Times news-
Mr. Somers's The Rogue, aged, Ilstl2lb (Pickett. 2
Mr. Frank's Bandoline, aged, lost bib ,i . ito the others, amounted to a contract.
The following also ran :—Triumpher, Oscar, and Kings ii, Hper
bury. ad it appeared that when Mr. Platt, in 1820,
Betting :sto 4 apt The Rogue, sto 2 apt Triumpher, purchased his shares, any prospect had been held oat to
7to 10 each agst Bandoline and Ballet Girl, and Bto I ay; him that the arrangement with the Times would be con-
Oscar. Oscar cut out the work clear of Triumpher, Kings- tinned. and had he paid his money on the faith of such
bury, and Ballet Girl, The Rogue bringing np the rear till an understanding, those who now claimed through him
reaching the stand, when he drew up to the leader, being might perhaps have had some equity. As the case stood
closely followed by Kngsbury, Ballet Girl, and Bandoline, there was none, and the bill in the first suit must be dis-
Triumpher following In the rear to the second fence past missed with test&
the stand, where Kingsbury came to grief, but being re-
mounted went on in pursuit of the remainder. At the
next fence The Rogue headed Oscar, Ballet Girl dropping
into fourth place, and they ran thus for about half-a-mile
further, when Oscar again got in front, maintaining the
lead till about half-a-mile from home, when he began to
exhibit signs of distress. In the straight be was passed by
The Rogue,who was headed by Ballet Girl about 930 yards
from home, and a good race ended in favour of Ballet
Girl by three lengths, a ithuilar distance separating second
and third.
A SELLING STEEPLECHASE of 3 sous. each, 2 ft, with 25
added, for 4-yr-olds and upwards ; weight for age ; sell-
hig allowances. About three miles.
Mr. D Land's Redwing by Redwing, dam by Tearaway
s'.au , aged. list 7I1) :Mr. Slumlord 1
Mr. Frank's Salamis 'ESO., aged, Ilst 7lb ._ . (T. Barton, 2
Over-the-Sea and White Stockings oho refl.
Betting : 2 to 1 on Redwing and 8 to 1 apt Salamis.
THE L'AENDON HANDICAP of 5 toys. each, 2 ft, with 25
added ; winners extra. Three miles. (12 subs.)
Mr itogon's Latent by esupleito—ltaughty, lost Mb
Own I
Sir. Somers's The Rogue, 1041211) (Pickett: 2
Betting opened at 6to 4 on The Rogue, and closed at 11
to 10 on Linton. The Rogue got off first, but soon gave
way to the favourite, who led to the first fence past the
stand, where he fell, and The Rogue made running till
about two miles of the journey had been accomplished,
when both were apparently beaten, and they approached a
fence at a walking pace. About half a mile from home,
however, they recommenced racing, and • fine finish
ensued, ending in favour of Liston by a head.

(Before Vice-Chancellor Sir W. P. Wood.)
IN RE THI AGRA AND MASTERMAN'S BANK.—I-IPA=
WARING AND ANOTHER.
The point involved in this summons fro m chambers was
one of very serious interest to a great number of cus-
tomer' of the branches of the Agra Bank abroad. The
bank, it will be remembered, stopped payment on the 7th
of June, 1866, but their branch at Calcutta did not stop
till the 13th of June. At some time, but at what hour
did not appear, on the 13th, a telegraphic message arrived
at Calcutta announcing the stoppage in England, and in
the course of the day the Calcutta branch stopped.
Messrs. Waring and Hunt, on the 13th, and, as they con-
tended, after the branch had received the telegraphic
message, paid 25,000/. in rupeea into the Calcutta branch
b way of a chto eque, and they now claimed to have this
sum paid out them in f
full andpreference to other
creditors.
Mr. G. M. Giffard and Mr. Langworthy supported the
claim. The principle for which they contended was that
the property in the cheque never left them. It was paid
in for a purpose that failed. When it was paid the branch
could not be said to have received it as bankers and if
they could not honestly receive it, they could not honestly
use it in payment of their debts.
Mr. Dickinson and Mr. Roxburgh for the liquidators of
the bank. Our contention upon the evidence is that the
cheque was paid in and carried to Waring and Hunt's
account before the news arrived, and of course before
the stoppage took place. But in any event the only
relation between these gentlemen and the bank was that
of debtor and creditor. There was no specific appro-
priation of the money.
Mr. Giffard in reply.
The Vice-Chancellor said that when people pay cash
into bank the money becomes the property of the
banker, and he gives them an acknowledgment that be
will repay them when and how they please. He is simply
a debtor, and his customers are creditors ; he is not a
trustee. If a man pays 10,000/. into a bank, and he knows
that neat day the banker is about to invest the 10,0001. in
some hazardous speculation, be nevertheless cannot ob-
tain an injunction to restrain his doing so. Cases may
arise in which a bill will lie against a banker in respect of
moneys paid in for a specified purpose. But a direction
that moue), shall be carried to a man's private account is
not a specific pnrpose. His Honour said he must take it
on the evidence that this cheque was paid in some hours
before the maie was received. When the message came
the bank stopped, and these gentlemen were in the unfortu-
nate position of any other debtor to the concern. His Honour
thought he ought not to direct an inquiry as to whether
or not the cheque was cashed before the message came,
because he was not satisfied that it would make any diffe-
rence in the result ; but the claim would be refused with-
out prejudice to any application that the customers might
make if they found that the cheque was not cashed till
after the message was received, and also without costs.
The official liquidator would have his costa.
IN RE THE ENGLISH JOINT•STOCK RANK (LIMITED).
This was an application on behalf of Mr. Marzetti,
member of the Stock Exchange, to have his name struck
off the list of contributories, and that of Mr. Reeves in-
serted in its place. In May, 1866, Reeves applied to
stockbrokers to procure for him some shares in the bank,
and they sent him the same day a bought note, in which
the 15th of May was the day named for completion. The
bank stopped payment on the 10th of May, and the wind-
ing-up petition was presented on the 12th.
Mr. H. Fox Briato we supported the application.
Mr. E. E. Kay, for the official liquidator, pointed out a
clause in the articles of the bank, empowering the com-
pany to decline to register any transfer unless the transferee
was approved by the board.
Mr. Roxburgh, for Mr. Reeves, was not called upon.
The Vice-Chancellor observed that there had been no ac-
ceptance of the transferree by the board, and so far front/here
havingbeen any lashes, no opportunity had occurred to the
directors for considering whether they would do so or not,
for before the proper time arrived, the winding-up order
had intervened. The application must be refused, with
costs.

/labs' RIM Military.

PORTSMOUTH, Dec. 11.
The Orontes, iron screw troopship, Captain A.
W. Hire, sailed for Ireland yesterday with the -Pith Regi-
ment; and the Tamar, Captain Sullivan, C. 8., followed
to-day with the 71st Highlanders, under the command of
Colonel W. Hope.
ROYAL. NAVAL COLLEGE.—Theexamination of candidates
for admission into the navy as cadets took place last week.
and the certificates were distributed to-day. Of the 79
who were examined the following were successful:—B. A.
Muirhead, W. S. White, E. A. Mame, F. A. A. G. Tate,
H. Campbell Reynolds, A. Ripley, H. C. B. Hulbert, A. F.
liVeldou, A. 11. M. Crcagh, E. D. St. Adrien Ommaney, J.
W. Higgin, W. J. A. K Bannister, G. Le Clerc Egerton,
W. S. Item H. Stewart, C. E. Hawker, T. B. Triggs, A.
C. Ramnaky, C. V. Smith, F. W. Barrett, IL C. Martin,
B. Stevens, Hou. R. T. Rowley, E. B. Eyre, L. Alexander,
E. M. Archdale, F. S. Oinimuley, R. Poore, A.L.llabingtou,
J. H. T. Burke, It. A. A. Lambart, J. I'. Montgon•ery,
H.
F. B. Portman. W. P. H. Anton, E. F. H. Bathurst, F. 0.
Poesy, F. E. Groube, S. L. Carr, G. L. B. Bennett, J. C.
Jenkins, Lord H. Fitzgerald, F. G. Rich, A. G. Keume, .1.
Gibbins. E. Duncombe, A. R. F. Bailey, F. Strickland, W.
B. Norcott, and A. B. Leslie.

CHATHAM, DEC. 11.
The official trial of the high-pressure four-
cylinder engines, manufactured by Mews. Maudelay,
Field, and Cu., for the double screw tender fitting at this
dockyard, took place outside the harbour to-day, under
the superintendence of Mr. W. Eames, assistant-mspector
of inticviii.Ty. The engines are capable of working up to
60-hoi se pea er, each screw being driven with its own inde-
pendent B..ft of shafting. There are four cylinders, each
with a diameter of 5 inches, and a length of stroke of
ti
inches. Each of the screws is 2 feet f; inches in diameter,
end set at a pitch of 3 feet. The draught of water
of the tender, with 7 cwt. of coals in the bores,
was 3 feet 1 inch aft, and 2 feet forward. On
reaching the measured mile, near Saltpsn-reach,
six runs were taken at full boiler power, when
tht mean average speed was found to be
knots; mean number of revolutions of screws per
minute, 314 ; and pressure of steam, Sollis. At the
termimition of the trial the tender was brought alongside
the dockyard, where the engines will be removed and
cleaned, after which they will be despatched to Paris, to
be shown at the French Exhibition.
Orders were this morning received from the Horse
Guar4ls reinforcements fur the Royal Field
Artillery, from the tat division of the depot brigade, to be
held in readiness to proceed to Ireland, to augment the
9th brigade. An order received at the same time directs
No. 6 battery of the depot brigade to proceed from head-
quarters to Woolwich on the Ist of January.
WOOLWICH, DEC. 1.1.

COURT OF QUEEN'S BENCH.—DEC. 11.
After Term Nisi Priti? Sitting' at Guildhall—(Before

Mr. Justice Mellor and Common Juries.)
This was the first day of the after term sittings at
Guildhall. The list is exceedingly heavy, containing 233
causes. Of these 105 are remanets. Nearly one half the
causes are marked for special juries.

Two batteries of the 13th brigade Royal Artillery,
commanded by Captains Johnson and Davies, have left
headquarters tor duty in Ireland. The entire force is under
the command of Lieutenant-Colonel G. C. Childs.

SECOND COURT.
After Term Nisi Prins Sittings at Guildhall—(Before Mr.
Justice Shee and Common Juries.)
WILSON r. BRAI)NEY.

This was was an action for alleged fraudulent representations
in the sale of a corn-chandlery business. The defendant
denied the warranty as alleged in the declaration.
Mr. Philbrick was counsel for the plaintiff ; Mr. Ser.
jeant Parry, Mr. Besley, and Mx. Purcell appeared for the
defendant.
The plaintiff is now the proprietor of a luncheon-bar in
Whitechapel, and was formerly a licensed victualler.
Being desirous of leaving the business, and seeing an ad-
vertisement of a corn-chandlery business at 4, New-
road. St. George's-in-the-East, for sale, he applied
to Mr. Sihels, the defendant's brother-in-law, in
whose name the business was carried on, who informed
him that the profits of the business were at least
DO/. per annum, and the price 200 f. He represented it as
" a snug concern." and one in which the plaintiff would
do well. Plaintiff made an offer of I.`ol. for the business,
when he was referred to the defendant as the real owner,
who is an ironmonger in a large way of business. De-
fendant was sent for and ultimately accepted the offer of
ISO!., and the plaintiff took possession. Plaintiff's case
was, that the business did not return the profits alleged,
and that out of a list of forty good customers handed to
him, thirty of them had ceased to deal at the shop, and
that in fact the business returned no profit at all.
Mr. Serjeant Parry addressed the Jury on the part of
I the defendant, and was about to call witnesses, when
! The jury intimated they were not satisfied that • frau-
• dulent representation had been made by the defendant,
! even upon the plaintiff's case, and they accordingly re-
turned a verdict for the defendant.