The Express.
London, England, 1867-02-28 00:00:00

THE EXPRESS, THURSDAY EVENING, FEBRUARY 28, 1867.

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IMPERIAL PARLIAMENT.

HOUSE OF COMMONS.—WeingssoAr, FEB. 27.

OFFICES AND OATHS BILL

After our report left yesterday,
Lord NAAS assented to the main features of the hill,
with the exception of the provision for opening the Lord-
Lieutenancy to Homan catholic!, which he resisted on the
ground that the office involved the exercise of ecclesiastical
patronage, and of powers directly delegated from the
crown. The principal duties of the Lord Chancellor
might be discharged by a Homan catholic, and provision
might be made for the discharge of the rest by other
officials. No Protestant could justly take offence at seeing
Homan catholic. attending their own place of worship in
their official insignia ; and on the clauses relating to oaths
he remarked that as the royal commi..sion was about to
report very shortly, it would be necessary to take the whole
subject into consideration.
Mr. GLADSTONE congratulated Lord Naas on the
liberal tone of his speech, but pointed out to him that the
arguments by which be justified his concession were just
as applicable to the Lord-Lieutenant as to any other offi-
cial ; that his objection on the score of ecclesiastical pa-
tronage was provided for in the bill ; and that the dele-
gated powers of which he had spoken were exercised
under the direction of the Home Secretary, who might be
a Roman catholic.

Mr. WHALLEY, who spoke amid much interruption,
protested against the house making these bit by bit con-
cessions to the papacy, the experiment of the conciliation
of which had been tried long enough without any good to
either England or Ireland.
Mr. CHATTERTON, the Solicitor-General for Ireland,
said he could not go so far as the Chief Secretary for Ire-
land. He approved of that part of the bill which allowed
Roman catholic mayors and others to attend placei of
worship in their insignia of office, but he disapproved of
the other provisions of the bill, on the ground that they
ought not to break the great compact entered into in 1829.
After a few observations from Mr. LAWtiON in favour of,
and Mr. VANCE against, the bill, the house divided, and
the second reading was carried by litii to 93.
The Dublin Cniversity Profehsorships and the Execu-
tion of Deeds Bills were read a second time.
SALE AND PURCHASE OF SHARES BILL.

Mr. LEEMAN moved the second reading of his Sale and
Purchase of Shares Bill, the object of which is to put •
stop to what he described as the " freebooting" transac-
tions on the Stock Exchange last summer, by which the
stock of sound and solvent banks had been seriously de-
preciated, and hundreds of sbareboldera ruined, and this
he proposed to do by requiring that all contrac.s for the
sale of bank shares should be void unless they were in
writing, and the shares mild were identified either by
numbers or otherwise.

The rejection of the bill was moved by Mr. FILDES,
who maintained that by restricting transactions in bank
shares they would become less current and a less valuable
marketable commodity. The bill, therefore, was adverse
to the interested the shareholders, and the argument on
which it was based, that to sell what you did not possess
was a swindle, would be fatal to all public contracts.
Mr. Alderman LUSK also opposed the bill as an inex-
pedient interference with the course of trade, and main-
tained that a wisely and prudently conducted bank might
defy all the " bulls" and " bears "of the Stook Exchange.
The discussion was continued by Mr. Goldney, Mr.
Pim, Sir F. Culdsinid, and Mr. Alderman Salomon., and
ultimately. on the motion of Mr. Neate, was adjourned
until Tuesday next.
Some other business was disposed of, and the house
adjourned at 10 minutes to 6 o'clock.

MEETING OF TUE REFORM LEAGUE.—Last even-
ing a meeting of the executive council and delegates from
the various branches of the Reform League was held at
the Sussex Hotel, Bouverie-street, Fleet-steet, Mr. E.
Beales in the chair, to express an opinion on the reform
proposals of the government, and to confider what action
should be taken thereon. Resolutions were adopted de-
claring the reform scheme propounded by the government
entirely unworthy the consideration of any real reformer,
that the liberal party ought to reject it without further
consideration, and that nothing short of residential and
manhood suffrage, protected by the ballot, would be con.
sidered as a final measure of reform by the people at large.
Mr. gale, of Newington, said that the 6/. rating clause
would disfranchise several hundred voters in the districts
of Walworth and Camberwell, whose houses were above
101. in rental, but were now hated only at M. It was fur-
ther resolved that the League should invite the people of
London to assemble in Hyde-park for recreation on the
afternoon of Good Friday. Another resolution was
adopted, instructing the council to call a meeting in Tra-
falgar-square on Monday evening week, the 11th
and district meetings in the ten postal districts in the
interval

REFORM MEETINGS IN THE PROVINCE.—At a
meeting of the Birmingham Liberal Association held on
Wednesday, Mr. Alderman Hawkes in the chair, it was
unanimously resolved :—" That this committee cannot
accept the measure of reform described by the Chancellor
of the Exchequer last Monday, which in their opinion is
totally inadequate and objectionable in its provisions, end
they earnestly call upon reformers to insist upon a more
comprehensive measure, and especially a much greater
extension of the franchise to the working classes, a further
reduction of this numbers of members foramen and decay-
ing places, and an increase of representatives for the
great towns." A town's meeting of inhabitants will be
held forthwith. A meeting of the leading liberals of Leeds
was held on Tuesday night, and, after full consideration of
the proposals of the government, it was determined to
hold a public meeting in the Victoria Hall, on Thursday
evening, for the purpose of condemning the reform scheme
shadowed forth in Mr. Disraeli's speech on Monday night.

- -
TAXATION BY THE METROPOLITAN BOARD OP
Wonxe.—Last evening an aggregate meeting of the rate-
payers of St. Pancras, convened by the local authorities,
took place in St. Pancras vestry-hall, for the purpose of
" protesting against the attempt of the Metropolitan
Board, by means of a bill in parliament, to tax the metro-
politan ratepayers an additional 4d. in the pound for me-
tropolitan improvements." Meetings have already been
held on this subject in the various wards of the parish,
and the excitement throughout the district has become
so great that the spacious hall, capable of holding at least
2,000 persons, wan densely crowded, and many hundred
persons were unable to obtain admission. Mr. Church-
warden Eckett presided, and Mr. Harvey Lewis, M.P.,
and Mr. Thos. Chambers, Q.C., M.P. (the borough mem-
ben), were present. On the motion of Mr. R. Furness,
seconded by Mr. Coleing, the following resolution was
adopted That this meeting fully concurs with
the opinion expressed in the first report of
the committee of the House of Commons on local
government, that direct taxation on the occupiers of pro-
perty in the less wealthy districts of the metropolis has
reached its utmost limits. The meeting a'ao agrees with
the suggestion made by the chairman of the Metropolitan
Board, and recorded in the same report, that the most
expedient mode of raising the requisite funds for metro-
politan improvements would be to continue the coal and
wine dutire for a longer period, and to authorise that
board to borrow the amount, to be repaid out of the duty
after the present charges therein have been satisfied." Mr.
C. Coleing seconded the resolution. A petition, beard
on the resolution, was then adopted, the borough members
being requested to present it to parliament. Both Mr.
Harvey Lewis and Mr. Chambers addressed the meeting,
and expressed their dissent to the measure complained of.
It was further resolved to oppose the bill introduced into
the House of Commons by Mr. Ayrton and Mr. Tile, and
that a deputation should wait upon Lord Derby on the
subject.
PROVIDENT CLERKS' BENEVOLENT FUND,—The
annual meeting of the subscribers to this institution
was held last evening, at the London Tavern ; Mr.
J. A. Smith, M.P., in the chair. The board of directors
in their report stated that the income of the past year,
including the net proceeds of • dinner held on the 2nd
May last, amountir.g to 3,241 f. 12s. 5a., was 6,1921. Bs. 3d.
The results of the dinner, held under the presidency of
Mr. R. W. Crawford, M.l'., were of the most gratifying
character ; and the board desired to tender their bait
thanks to that gentleman, and also to those members by
whose individual exertions their hands were so greatly
strengthened on that occasion. Pursuant to the resolution
of the annual general meeting of February, 29, 1866,
eight annuitants were elected on the 31st of May last,
viz.-2 clerks, and 6 widows of clerks, whose collective
annuities amounted to 180/. per annum ; and there were
now 16 clerks and 69 widows of clerks on the fund, who were
in receipt in the aggregate of Lark/. per annum. Two annui-
tants bad died during the year, and the hoard MOM-
mended that 12 additional annuitants be elected, viz.,
four clerks and eight widows of clerks. The sum of
1901. 4s. had been distributed in gratuities during the
past year to members, their widows, and orphan children.
The commercial convulsions of 1866, and the amalgama-
tion of firms, had slightly affected the income of the fund.
The directors, however, hoped that when it was seen year
by year, the loss would he met by an increased exertion
on the part of the members to bring this deserving insti-
tution before the notice of the benevolent. The chaii man
moved the iuloption of the report, which was agreed to :
as also a resolution in favour of the election of twelve ad-
ditional annuitants, as recommended by the board. Mr.
F. F. Toole suggested to the board the desirability of car-
rying votes forward for the benefit of unsuccessful candi-
dates. A vote of thanks was passed to the trustees, Mr.
Baring, M.P., Mr. Crawford, 31. P., Mr. Henkey, M.P. and
Baron L. N. de Rothschild ; and a similar compliment
having
na te& been voted to the chairman, the proceedings
termi

BANKIRS' RZTURNS.—A supplement to the Lou-
don accefle was published last evening, containing a copy
of beaker,' returns, made in pursuance of the set 7th and
Bth Victoria, cap. 32.

[AdVertise OINTBINT AND
PILL, —Gratifying results.—The merest blotch upon the akin
and the deepest ulceration of the gash yield to the detergent and
healing properties of this celebrated ointment Bad legs, burns,
ern of the skin, and scrofulous soma, can be cured with
f lit by the proper use of this ointment, skied by Holloway's
purify plll4. l'nder this treatment the foulest ulcers become
clean, and in a few days florid granulations appear, which
gradually grow and flu up the cavity with firm and healthy flesh.
No relapse need he feared, since the sore 111 not slightly skinned
over, test bent up from its bottom with the hest materials pro-
ducible from pure blood, steady circulation, and invigorated
yowls.

31,ttbu Intelltitenct.
EQUITY COURTS.—Fas. 27.
(Before the Lords Justices.)
RE MADRID BANK (LIMITED) EMI= %MUNSON.

This was an appeal by Mr. Wilkinson from a decision of
the Master of the Rolls, by which his lordship had held
the appellant to be a contributor to the above company.
The main ground on which Mr. Wilkinson relied for resist-
ing his liability was the existence of variation between the
prospectus and the memorandum of association of the
company. The following were the facts of the case. The
prospectus of the company stated that the object of it was
to carry on legitimate banking business at Madrid, with
branches in the provinces of Spain, and with a chief office in
London. The memorandum of aseociation, howe v er, provided
not
i only for the transaction of every kind of banking
business n London, with branches in Great Britain and Ire-
land, and in Spain and its colonies and dependencies, but
also " elsewhere beyond the limits of the United King-
dom." The articles then enumerated various matters of
business which were not within the scope of a legitimate
banking concern, and in fact empowered the company
generally to transact the affairs of a finance association.
The memorandum of association was duly registered on
the 13th of May, 1863, and on that day Mr. Wilkinson
applied for and had allotted to him twenty shares in the
company, upon which he paid a deposit of U. per share.
On the Ind of July he paid a call of 1/. per share, and on
the 13th of July a further call of 31. per share. In Decem-
ber, 1864, a meeting of the company was duly held, at
which a resolution was passed for a voluntary winding of
it up. That resolution was duly confirmed at a
meeting held in July, 1865. Mr. Wilkinson was present
at both meetings. Proceedings however were subsequently
taken for a compulsory winding up of the company, and a
petition having been presented a compulsory winding -up
order was made on the 18th of March, 1865. Mr. Wilkin-
son, in affidavits filed by him, swore that he did not see
the articles of association until the 21st of November,
1864, and that he would not have applied for or accepted
the shares had he been aware of the discrepancy between
the prospectus and the memorandum of association. The
chief clerk of the Master of the Rolls, is settling the list of
contributories, had omitted from it Mr. Wilkinson's name,
and the official liquidator applied by way of appeal to the
Master of the Rolls, who then Made the order from which
Mr. Wilkinson now
Mr. Selwyn, Q.C.,afir.sigggalla. y, Q.C., Mr. Roxburgh,
Q.C., and Mr. Druoe, were the counsel in the case.
Lord Justice Turner said that the appeal must be dis-
missed. The appellant stated in his affidavit that he had
not seen the memorandum of association before the 24th of
November, 1864, but he did nut swear that lie was igno-
rant of the variation between the prospectrs and memo-
randum before that time ; and it was quite consistent
with his affidavit that ho might have known the fact lung
before. _ _ .

Lord Justice Cairns said that be agreed with the
observations of the Lord Justice in the case of Kish r.
Venezuela Railway Company, that where a person
took shares in a company with a registered memorandum
of association, he was bound by the contents of it. And
if be sought to be relieved from his liability on the (mind
of discrepancy between the prospectus and memorandum,
he must at all events come promptly to the court. In
this case the delay had been infinitely too long. His
lordship also agreed with the observations of the Lord
Justice upon the affidavit of the appellant. The appeal
would therefore be dismissed with coats.

(Before Vice-Chancellor Sir W. Page Wood.)
TAR VNITILD STATIC.; OF AMERICA F. WAGNRM AND OTHERS.

This was a demurrer to a bill filed by the United Slates
against Mr. Wagner and others, with the object of esta-
blishing their rights to certain moneys, goods, and steam
vessels which had been consirned, during the war, by the
de facto Confederate government to Messrs. Fraser,
Trenholme, and Co., of Liverpool. The demurrer
raised the preliminary objection that it was not compe-
tent for the United States government to sue a defendant
in this country as the United States generally, but that
the bill must be filed by the President or some individual
State officer, from whom discovery may if necessary be
obtained in a cross suit.

Mr. W. M. James, Q.C., Mr. Kay, Q.C., and Mr. T. P.
Benjamin, supported the demurrer ; Sir R. Palmer, QA.!.,
Mr. G. M. Gdfard, Q.C., Mr. Druce, Q.C., and Mr.
Wickens ►ere for the bill.

His Honour reserved judgment.
MUTH T. RAYDON.

This was a suit by a Mr. Benjamin Smith, for the pur-
pose of establishing a claim in the right of his wife to one-
seventh of the property of the late Mr. Raydon, as against
the executors of his will, on the ground of a promise made
by Mr. itayilon, on the marriage of his daughter to
Mr. Smith, that he would at his death leave what-
ever property he might be possessed of among his chil-
dren equally. No part of the alleged contract was in
writing, and on this ground • demurrer was filed by the
defendants, which his Honour, on a former occasion, over-
ruled, on the ground of part performance by Mr. Smith.
The evidence went to show that Mr. Smith, on the occa-
sion of the marriage, sent his solicitor with a draft of the
settlement he proposed to make, and of a codicil to his
will, both of which he had since duly executed in favour
of his wife and children, to inquire what Mr. Hayden pro-
posed to do. Mr. Hayden said he should not make any
settlement, but that it was his intention to leave his pro-
perty in the way above stated. The evidence of what took
place at the interviews (there were two) between the soli-
citor and Mr. Hayden was of course very minutely
examined ; and Mr. Smith and his solicitor, Mr. Jenkin.
son, were cross-examined on their affidavits, without pro-
ducing any material variation in their effect.
Mr. W. M. James, Q.C., and Mr. Lindley were for the
plaintiff ; Mr. G. M. Gifford, Q.C., and Mr. Macnaghten
for the defendant
The Vice-Chancellor observed that parents who had
entered into representations of this kind were too often
unaware of their binding character in courts of equity—
the rule of which was that mere verbal representations
made in contemplation of marriage when followed by tart
performance were capable of being enforced against those
who made them. Here it was plain that Mr. Hayden did
not intend to settle anything, and did intend to reserve to
himself liberty of spending his money as he pleased during
his life. He might have left only riOW., instead of 16,00 W.,
as was alleged he had done. Whether he could have made
a settlement on his children in his lifetime was another
question. But he also did promise to divide whatever he
might leave at his death among his children equally, be it
much or little. He might have fulfilled this intention by
dying intestate (except so far as his widow's interest we
concerned), but as he had made • will which was not in ac-
cordance with his promise, the plaintiff wee entitled to
the relief he prayed, and there would be a declaration
accordingly. fhe costs of all parties would come out of
the estate, those of the executors as between solicitor and
client.

(Before Vioe-Chancellor Sir R. Mains.)
II'GREGOR V. GREAT NESTER:4 RAILN AT.

The plaintiff, a surgeon-dentist, at Worcester, had
brought an action to recover 5,0001. for injuries sustained
in alighting from a train et Shrub-hill station, between
Evesham and Worcester, and he sought by this bill to
restrain the defendants from pleading malefaction on the
ground that he had accepted 150/. from the Midland Com-
pany in full of all demands. The part of the line on
which the accident occurred had since come into the poe.
session of the Crest Western Company. The Midland
Company attributed the accident to the plaintiff's own
negligence, but nevertheless had paid to him through their
medical of the sum of 1501., which, as he alleged, he
accepted upon the representation that the injuries were not
of the serious character which they afterwards proved
to have been. _ _ .

Mr. Glasse and Mr. G. W. Collins were for the plaintiff;
and Mr. Bailey and Mr. Stevens for the defendants.
The matter has stood over from time to time with a view
to an arrangement, and
Mr. Glenne now announced that the plaintiff was to re-
ceive 3,000/. in full of all demands, and the action and suit
were to be stayed.
The V ioe•Chancellor expressed hie gratification that the
matter had been so satisfactorily settled.

COURT OF PROBATE AND DIVORCE.
Pen. 27.
(Before the Judge Ordinary.)
COINILL AND ANOTHER T. JACOBI AND KILLN.

Sir J. P. Wilde briefly summed up, and
The jury without hesitation found a verdict for Mrs.
Jacobs, thus attesting the validity of the will she had pro-
pounded, and the court decreed probate, end condemned
Mrs. Cornell in cost..

ticalars. He did not read over the entries to the defen-
dent, but headed the book to him to sign it, and be did so. I
In cross.examination the register stated that the defen-
dant appended his signature to the registrar without
appearing to read the entries that had been made.
The young lady, Hiss Taylor, was called, and stated that
she had lived with the defendant as his wife for several
months mist, and had received letters addressed to her as
" Mrs. King," and it was generally supposed in Abingdon
that she was married.
The defendant's counsel submitted that no offence had
been committed. The entries alleged to be false were
made by the registrar without asking any questions. He
assumed that the parties were married, and be entered the
n.uues according to his own knowledge and belief, and with-
out any direction from the defendant. The only question
asked by the registrar was, " What is your inhumes
name"' The answer given was, " Fanny," and nothing
more. The words " King, formerly Taylor," were inserted
without any direction from the defendant.
Baron Pigott said he very much doubted whether what
the defendant had done came within the tenue of the
Regi.tration Act. He thought the evidence very weak.
He did not like stopping cash upon technical points, and
would like to hear the opinion of the jury.
The jury intimated that the evidence failed to support
the charge, and they returned a verdict of Not Guilty.

CENTRAL CRIMINAL COURT.

(Beta.. Mr. Raton Chennell.)

Jolos Graham, 26, boilermaker, was charged with felo-
niously attempting to diacharge a loaded pistol at William
M'Evoy, with intent to murder him. He was also charged
with a common assault.

Mr. Nicholson was instructed to prosecute. Mr. ltibton
appeared for the defence.
There appeared to be some doubt in this case whether
the prisoner haul really endeavouredto discharge the pistol
at the prosecutor, and also whether, supposing he had ac-
tually pulled the trigger, there was any cap on the nipple,
in which case he could not, of course, have caused any
mischief.

Mr. Ribton Ingested that, under these circumstances,
the more serious charge should not be pressed, and that
the ends of justice would be satisfied by the prisoner
pleading guilty to the count charging him with a common
assault.

Mr. Nicholson said he had read the depositions care-
fully, and he could not deny that there were several diffi-
culties in the way with regard to establishing the more
serious charge against the prisoner.
Baron Channel!, under these circumstances, permitted
the prisoner to plead guilty to the charge of common
assault, and he said he would consider what sentence
should be pronounced.