The Express.
London, England, 1868-01-18 00:00:00

L&W INTELLIGENCE.
(THIB DAT.)
jBQUITY 001HiT.
(Before Vice-Chancellor Sir W. Page Wood.)
IN RE THE EUROPEAN CENTRAL RiaLWAT COMPANY
(LIMITED).
This was • petition by debenture holders who hail
judgment for the ordinary winding up
The contpany was registered for the construc-
t:oa of a nulway from Chiaaso, in Switzerland,
rear the Italian frontier, to Bellinzona'and Bianca, with •
branch from Bellinzona to Locarno (Lugano) ; under th e
tams (of • concession dated the loth of June, 1863,
▪ „ted by the canton of Tessin, in Switzer-
:lA The works commenced in 1864, and in
were suspended. The capital of the ootn-
;,xe was 1,100,0001. ; and from the last summary,
~..iished to the regietrar of joint-stock companies in Sep-
t, 1•44 e., it appealed that the first issue, 700,0001.,
• lidded into 17,500 shares ; that the number of shares
was 17,100; the amount of calls made on
share (101.) was 181. ; the total amount of
e'•!. received, 117,8591. 15e. Rd. • of calls
Cross
:2,e:st., of shares forfeited, 38,400. A bill had
1-s.:n. ilea by Lewis Heymann, • dtarebolder, to be relieved
e: his scare% In December, 1866, the Federal govern-
: ..re.: of Switzerland bad revoked their ratification of the
,i..eadon. on the ground of the suspension of the works.
Mr. Gitfard, Q.C., and Mr. L. Field supported the
tits
on behalf of tbe pWtioners, the Oriental Finest-
lid Corporation (Limited), who are themselves under
juidation.
Mr. Eddis (Mr. Druee, Q.C., with him) for the company,
did rot conte4 she petitioners' right, but submitted
wh ther r.s a question of expediency, the order was
.irable. He mid that arrangements were pending to
ant lin a new concession in place of the old one.
nhich bad become ON tinct, and that there was in fact •
conflict of siews between the local and the federal govern-
Inca on the questions. He should be satisfied with a
cr,litors' meeting under the 91st section of the Companies
Act, lscd.
Mr. Willcock, Q.O ~Mr. Cottrell, and Mr. Key, fq.C.,
for other creditors. tore rather desirous that the winding-
up should not take place.
Mr. Field replied.
iy,,e Vico-Chancellor said he considered it right to make
the order at once for a winding up, and then an applies.
non might be made for the suspension of the order, if
it was thought desirable. It was possible that by some
isereiful act of the Swiss government the concession
he renewed
Mr. Eddie asked that liberty to apply might be reserved,
in order to satiafy the Swiss government that the order
ass not absolute.
Vice-Chancellor said that liberty to apply was
ratter of course. The best plan for the company to
would he to make out such a case as would satisfy
the swiss government and induce them to renew the con-

COURT OF COMMON PLEAS.
in Baneo.—(Before Lord Chief Justice Bovill and
Mr. Justice Willea.)
tauten:s T. CARR.
Ir. Mellor mid that thin was an action to recover
for the detention of the mare Elvira,
• tie present application was for a rule calling
the defendant to show cause why an in.
.tion should rot issue to restrain him from
t.g the mare rmtil the issue in the cause should be
rieir.el In 184 i, when the mare was a yearling, the
f. i;.I int visited the stable, and very much admired her ;
al.: be. case now was, that it was agreed that he should
• p her until she was three years old, and should race
. • until that time had expired ; and that when that
.;0.1 expired there was another agreement that be should
hor foe a 'tin further period. The defendant intended
o• ran the mare in the coming February and March, hut
11. plaintiff wanted to breed from her, and his case was
.t if she were run, it would not be advantageous to
_t wit to breed from her this year. She was a mare of
erlehmted Larobton breed, and her produce was ex-
i -.tram be of great value.
Tie: Lord Chief Justice—The plaintiff's affidavit did
1... say that there would be any permanent injury by
.in 4 the mare, and any temporary injury could be com-
p,. ,ted in damages. It might also be that there were
: .:.griaents for the mare, and that great injustice would
I ...hoot if the defendant were to be restrained from ful-
: :hag them. The court could in any case only grant the
in.naction upon such tome as the plaintiff would not like.
Mr. Mellor said that his client felt so strwigly upon
th• matter, that he would ho ready to agree to any
t. r;ns.
The Lord Chief Justice—The terms would probably be
that the plaintiff should compensate the deferdent for the I
ugagevients entered into for the mar 1, and such an
obli-
liloll the plaintiff could not prudently undertake. But
the real grounds upon which the court decided were that
there was no destruction or irreparable injury of the pro-
p. rty contemplated, but only n temporary injury which
eeuld be compensated in damages, and beyond this en-
g Igeuients ought have been enred into for the mare. The
',roper course was to allow theftmatter to be determined in
tho ordinary way.
Rule refused.

COURT OF PROBATE AND DIVORCE. '
(Before the Judge Ordinary.)
V KAMAN r. TFATMAN.
This morning Mr. Price, Q.C. (with him Mr. A. J.
Bill), replied. lie contended that upon the evidence no
is had been established which could form the
ru dlest excuse for the respondent's separating
loomelf from his wife. The court had already
I.l.llthat a husland could not give his wife an allowance
s. I throw off his matrunonial duties. ilia wife bad a
milt not only to maintenance, but to the society, count.-
u atm and support of her husband. As for the things
?lr. Yentinan complained of, they were no matri-
o..mial offences, and they were moreover faults which kind
:•1.4 2tolicious treatment might have cured. For instance,
.1111 e the petitioner was at Dr. Demjoey's, where she wee
••is•rly looked after, there was no charge against her of
~•olv or dirty habits ; and, if oho had really been filthy
,hittiali. depend upon it 1)r. I)empsey, who was
• . the look out for evidence of insanity, would
1...•• been eager to note it, for no test of
I.:.• uwdu, se of mind wee more commonly &danced
.n pei,enal uncleanliness. But if anything could induce
eee,:in to neglect herself it was surely the diaceeery
IL a In r charms had ceased to have the slightest attrac-
t, a for her husband. On the whole, the learned counsel
r•ur.anbvl that no answer lied been given to the charge of
• 'lion, uud asked the decision of the court in favour of
1.••
.1. Wilde took time to consider his judgment.

COURT OF BANKRUPTCY.
(Refore Mr. Commissioner Winslow.)
Is ME lt. WF.ST.
Tbi. wag an application for release under peculiar Mr-
‘t.ii.,. N. The bankrupt, n feather-dresser, of Savoy-
,trvet, tatab had obtained his order of discharge, after
his arri,t. through the withdrawal of prosecution, and
he neer ti 1i..1 for his release.
Mr. y opposed, on the ground that the order of
,:e. I..is ing only been granted a few days ago, did
~01,11. .Id.. of until the end of thirty days.
11,. .i.ked if the opposing creditor had appeared
~tire r i.e L..aktuptey, and was answered in the negative.
Mr. :ti:o,abiui, from the office of Mr. George, supported
11,e I.l.lication. The bankrupt had been between five and
month. in prison.
110110lIT Paid he had had great doubt whether he
tiaathl interfere to grant the release before the expiration
v: the :',Oslays. but having regard to a decision of Lord
Vv.tbury iu the case of Lamest (8, L. T. Rep. 481), to
fleet that the order of discharge operated from the
tan, it was granted, and to the fact that the bankrupt Lml
t • ~I..ined the reason of his absence when be was adjourned
he would now make the order for his release.

THE POLICE COURTS.

(THIS DAY.)

IiIRLBOROUGH43TRERT,

TB! CHARGE OP ROBBERY AGAINST A SOLDIF3.-PINGCLAR

caar.
Joha 114 I ;Joon, a private of the `nrl battalion of Grime.
der Guards. charged with stealing two silver watches of
the value of Si., the property of Samuel Cartwright,
snottier private of the same battalion, was again brought
'afore Mr. Knox.
The prosecutor, a married collier, residing at the St.
i;eorge's Barracks, deposed on the last occasion to missing
two silver watches, of the value of 8/., from his room, and
suhiequently seeing one of them in the hands of a pawn-
broker ; mid Charles Kelly, assistant to Mr. George Atten-
boriugh, pawnbroker. of Fleet-street, swore positively to
the prisoner having offered him the watch in pledge, and
Cut while A constable was sent for lie ran away, and that
he afterwards pointed him out from others at the barracks.
The prisoner having denied all knowledge of the matter
nod stated that be could call witnesses to prove that he
Was in the barracks at half-past three on the afternoon of
the day in quecion, the hour at which the witness Kelly
said that he offered the watch in pledge, Mr. Knox re-
manded him that he might produce hie witnesses.
On the case being resumed Sergeant Woolley, the pri-
mer's sergeant, attended and said that the prisoner came
into barracks about half-past 2 on the day in question,
sod showed him a piece of patchwork which he had been
to redeem. He saw the prisoner at work on the patchwork
till a quarter to 4.
In answer to Mr. Knox, the witness said the prisoner
bore a good character.
bailie' Kidney, a private of the same battalion, said
tb it the prisoner showed him his patchwork, which he
had fetched from a pawnbroker's, and he saw the prisoner
at work on it till about 4 o'clock.
Mr. Knox said that on testimonyof the sort given before
hue it would be useless to send the case to a jury, as he
felt certain that no jury would convict on evidence of the
kind, and be should therefore discharge the prisoner.
The watch had better be retained for a short time, as
be did sot believe they had heard the last of the case.