The Express.
London, England, 1850-01-29 00:00:00

11.0) 3intelligence.

EQUITY COURTS.—YuraiDAT.
Mamas ran Vice Casson:lna or ZWOLUID.
Tu Krim op Ton Two iliou.the v. Tits Pattrwerrtain
AND OItINNTAL Sonem.Prioxne CONPANT.—ItirIINCTION
TO RIMINAIX TEa Darer= Or a Venn DmatnviD.
The ern time ea epos 'notion to diodes an injaaedon
greeted en the fled of Dumber lest, on behalf of his
Majesty the nag of the Two Shill.,, to restrain the &had-
sate, the Peasissulat sad Oriental Seam Pocket Company,
from debasing up a vessel called The Bombay, which
had beet pereheeed by two persons named Groneeeni sad
Seal* who had been seat ever to this ocrontry for that si-
rens purpose, at the time of the late revolution, by the
geeernment then hi existence. The ease also eases em upon
dente ear to the *hairs MI, by two pumas named
Daft When and John Moody, ia whose amuse the vessel
habeas registered alder the ant foe the registration otships.
ne hill stated that the *UM ha 4 been end we sow she
lawful sovereign of the kingdom of the Two Skillets, sad
that from a time bag anterior to plaintiff becoming melt
sovereign up to the present time the island of Sicily had
teemed, and sow fanned, part of such kingdom, gad that
plaintiff, ice right of his sovereignty, was entitled to the
whole of the revenue of his said kingdom, and to the admi-
Wanda' thereof. That the city of Palermo wassituated is
the Weed of Sicily, sad that is the early put of the year 1848,
and infers the month of July in that year, certain parsecs,
subjects of the plaintiff, usurped the plaintiff'. authority
and regal functions, and had established ia Palermo a species
of government, whisk was constituted of certain in-
dividuals, subjects of the plaintiff, and we delis-
sated by the several tides of the " Government
of Kelly," the "Sicilian Government," and the
111AMItiell power and such usurping government had imme-
diately epos being so established without the comment and
against the will of the plaintiff unlawfully assumed the ad.,
ministration and direction of the public affairs of Sicily, and
siontlased to exercise the same until the mouth of April,
1849. That each usurping novernment, and certain peruse
acting natter its authority, had immediately, on such govern.
meat being so established, seised the royal public treasury of
the plaintiff is Palermo, and had taken possession of all the
es whisk were in such treasury, and of all monies
which were paid into the same, being part of plain-
tiff's royal revenue. That the said usurping government
had from time to time assumed to appoint certain indi-
viduals, being subjects of plaintiff, to the saws properly
filled by plaintiff's ministers' and in particular to the offices
of Minister of Flamm, Minister of Foreign Affairs,
and Commerce, and ministers of other pubic d. penmen%
respectively, for the said Island of Sicily, and the persons so
from time to time appointed lied assumed and exercised during
the continuance of the said usurping governmeet the manage-
ment of the affairs of the public departments to which suck
persons were assumed to be appointed respectively. That
shortly before July 1848., the penoes se assuming to act u
Weirton appointed le Prince Franco Maccagnone Granatelli
and Lorigo Scalia, two of the defendants, both of whom
were subjects of the plaintiff, to be their situate in England,
and they, by the direction of such government, proceeded to
England as such Korean. That shortly before, or at
toe beginning of July, 1848, Oranatelli and Scalia
by direction and on behalf of the laid usurping government,
had entered into& contract with the defendant., the Penin-
sular and Oriental Steam Packet Company, f.r the purchase
of two steam ships, of which one had been lately built, and
was nearly completed, and the other was then being built,
and both of which belonged to the same company ; and such
contract was to be subject to the ratification of the
said usurping government. The contract, which bore
date the Ist day of July, 1848, and was
signed by the defendant, Charles Wellington Howell,
the secretary of the company on behalf of the company,
and by Granatelli and Scalia, was to the following office
Oranatelli and Scalia, therein described es commisseoen of
the Sicilian government, agreed to buy, and the said Penin-
sular and Oriental Steam Ship Company thereby agreed to
sell, the steam ship called the Vectis, built at Cowes,
of 905 tons burthen, for 45,0001., and also the Bom-
bay, the least advanced of the two steam ship, of
1,209 tons burthen, then building for the said compcny by
Mr. J. Pitcher, at Northfleet, for 60,0001.. to be paid as
follows-20,0001. on the ratification of the agreement, and
the further sum of 20,0001. when the two steam vessels
should be completed fur sea, so far as related to the said
company, in the same state as contracted for by the builders,
and that any alterations required by the said purchasers
for wee purpcses should be made by them at their own
expense, and that the balance of the said purthase money,
at interest at 6 per cent. per annum, should be paid by bills,
on such security as might be approved of by the said com-
pany, in two equal payments, at three aad six months'
date, on the delivery of the said vessels, and that.
upon completion of the purchase, bills of mle should
be made out and executed, and that the said strain
vessels, with what belonged to them, theuld be delivered
according to the specification there is referred to, and in the
margin of the contract was written the followii g memo-
randum :—" It is stipulated by the contracting parties that
the agreement is subject to ratification by the Sicili•n go-
vernment." That the usurping government was infurcnrd
of the said contract, ant on the 10th day of July, 1848,
declared that such government ratified the same. That the
defendants had been informed of each ratification and me-
morandum ; that the steam-ship in the contract referred to
as the lent advanced of the two steamships then build-
leg at Northileet had sumo been so far completed as to be
ready for sea, and had been denominated the Bombay; that
in the latter part of July and August, 1848, the usurp-
ing government applied divers sums of plaintiff's revenue,
being moneys paid into plaintiff's said royal public treasury at
Palermo (ot which they bad taken perfusion as aforesaid) in
purchasing or procuring bills of exchange for the pewee of
such bills being remitted to England and applied towards
completing the purchase of the said steam ships, the Vectis
and the Bombay, and the Sicilian moneys so applied were
equivalent, and the bills of exchange so purchased or pro-
cured amounted, to the total sum of 20,0001. and upwards of
British money, and were made payable to the order of
Granatelli acid Scalia, and were remitted with directions to
apply the same towards completing the purchase of the said
steam shim, and the defendants received such bills and ap-
plied them or the amount thereof in paying to the company,
who well knew how and whence the money was obtained, the
first instalment of 20,0001. payable under mid contract, and
certain other sums in respect of the payment of the second
instalment of the purchase mousy in the month of
December, 1843. The payment after that date of the ba-
lance out of funds taken from the royal treasury at Palermo
was alleged in a similar manner. And the next allegations
were that the company, after receiving the second instalment
of 20,0001, delivered the said steam-ship, the Vectis, to
Granatelli and Scalia, or to officers and siilors employed by
them, and the same was sent in the month of March, 1849,
from Eegland to, and had ever since remained in,
parts beyond the seas; and that the steamship the Bombay
had ever sines the completion of the building thereof been
and now we in the port of London, and the same remained
until May, 1849, in the pomession or under the power of
the said company; that in the month of April, 1849,
the plated@ 'a lawful authority wee re-established in
Palermo, and in the other parts of the island of Sicily,.and
plaintiff thenceforth continued and now remains in toe
undisturbed exercise of such authority, That the money
taken from the royal public treasury at Palermo, and which
belonged to the plaintiff as such sovereign as aforesaid, and
the bills purchased with such moneys, had been with the
knowledge of the said company applied in or towards raying
the purchase money for the raid steam ships, the Veetis and
the Bombay, and the plaintiff became entitled to to quire the
delivery to him of the same ships, and was now entitled to
have the vessel called the Bombay so delivered up to him.
That the said Peninsular and Oriental Steam Packet Com-
pany, and the persons acting oa their behalf, entered into
the 0 attract for the agile of the said steam ships, and received
the purchase money for them, with full notice and knowledge
on their part that the said Granatelli and Scalia were acting
therein on behalf of the said usurpiag government, and that thr
money for such purpose was taken out of the plaintiff's
royal treasury at Palermo, and belonging to the plaintiff as
such sovereign as aforesaid. That neither Granatelli nor
Scalia, nor any member of the said usurping government,
had ever been a subject of Great Britain. That after the
sail Granatelli and Scalia had made the purchase, they and
their legal advisers formed a scheme and design (which the
other defendants had assisted them in endeavouring to carry
into effect) of availing themselves of the provisions of the
act for the registering of British vessels with
respect to the said steam ship, the Bombay, fur a purpose
to
e
defeat
design
samegt
immediately
li and
oetedrl Oranatelli
rindlrihhlLiy Scalia.
or:isTi,;but: act,steam
diaid:antr npPffo
hnsubdarrysieuntidanie requested csteoh, Iheorffsag linasrt heit
oan:c ogni:schmrpiehars a:sattmanbcitdyde:
n
name of the said company, who, although they had then
oeased to be the real owners thereof, did nevertheless, oa
:aga registeredop l r a
Di a n
ni with
andtsca r ciaq. uoi at, tt ,h theira and
sdadf
scheme,oc
or alth acinp uyur
eeo
sips
wiwishetrio
sea
as
thereof. That plaintiff had, since the 28th day of Nov.,
1849, for the first time, discovered that in furtherance
of this scheme the company did, on the 18th of May,
1849, at the request of Granatelli and Scalia, execute a bill
of sale of 32 64th ahem of the ships to the defendant Brodie
Wilcox, therein described as a shipowner, and of the no
metals), 12 61th shares to the defendant John Moody, ale
demonised as a shipowner, and of the remaining 20 64th
shares thereof to George H-rring, shipbroker. That Wil-
cox. Moody, and Herring had not, in feet, purchased the
said ship, nor anymore, thereof, from the said company, but
the ship was, in truth, purchased from the company by
Graoateili and Scalia by moan of money belonging to pl
tiff, as aforesaid. That the sail Wilcox, Moody, and Her-
ring did not, nor did any of them, ever pay or give any
emoOdention for such bill of sale, bat were known by the said
company to be mere trustees of Oranatelli and Scalia.
That, in fact, the said B. WileaWL We/ not a shipowner, but
was a clerk in the employ of the oompany, and that he we
the attesting witness to the contract of July, lSit, and that
J. Moody had never been a .bipowner, bet was employed
employedtsithaeatße" command
lea
nb, Geo. Herring was
Granatelli and Scalia as a shfpbroker, in rela-
tion vessels, and was engaged by Granatelli
attsekllii
he
said
tdit
dtooe
of
nNt hoe,yeds ntriicr saidt
discoveredhalf of tbeher
ieaytu utaeplaa p thatt
igt a at government,
ei
a r
et i ffqpusra din lomtesinGestarathatheee.
G.
of
fllui ante dofSthollie
205.-64didth,
eclat the same eofshjlimp,euslasigteedezeeuto Whiambely
the bill of sale of the 16th of May, to the said B. Wilcox,
jut., and that the said B. Wilcox had not in truth mar
chad the said 20-Nth-Aare of the said ship, and that he
did not give any consideration for the execution of the bill

(sole them( te ties, sod he wee townie. • emirs trustee
Mosnet toe the real Oranatalli ead Bookie; bat thee U the
ltd P. WARM. J. Moody, sad 0. lierriag, rasy of
nos had say coos dentin fee the e sesontos Mese h IMe
sok sesehierstims we paid with tab inks of the
O•
din/ Ns claim to each deg, sad of the geese& el mush
seta, ad nibent to ea sisermest dm such essekienieles
Amid to maid she Moist& shadd Milbalk his It?
nib nip ;
_me tins is &Mat mows, et the said
ihe st#emodes of dm 116 et isle wee ctopiesij de:
passWeil mil illes 27th for NW et November I. weer to
the polling disomaleg the seems et thenoil WS-
Idesey, red Merrieg, is the slimed owsen el rash
efhlps. That the bill of side of the 7th et Jose we melded
Wen MOM et sae ihe 164 ket May bad bees register
-dll
Ind that Is woo usessel fer the pareineer et gay
week or et my shmes Mania, passim, the sere hem
or aims a bill gab thereat essested by mew who, at
the time ef esiesties. were am of seek nod.
That the piing( els scats reepested sussil seisms aail
dieige. of tbst easseggisse et their net hag shiethttsit
the 19sh Neeemb to dieserat dot the slid
Mosey, sod Menne IMPS UM alleged owsios et the ship,
pineal wee mashie till • Oise the len misdated
toe eseinene them is this 'OWL
=tip as the Stikkelletrentagaber.semeslol lloors. Crowder
sad Mn said reerivei a letter teem the Oomenlakseen et
Customs, messiahs. them that the _.Sat_ of miens-
ties of the Bombay, mester with two b et sale, wise
Mg kr reeeresion es tee preview day, mil the board had
directed do metal tio be registned is the mews M the pre-
sent purchasers. the minims levies advisee cheat that they
had so other alternative thou that of uheybeg Me Am Is, the
et Vessels ; that as the tellowisg day, the 981letterremlisaber, Mears. Crowder es& Mayserd caned the
segieter.bock to be waned. sad Is that Me semi }to-
kenises es to seek registry had bees ester(; that by them
AWN the said B. Wines. the lamer, sew amnia es be
Me recesered *weer el 62 it rera et the 511 Meow
ship. tie Bombay, sad the said J. Mood , saw imponial to
le the regletend mot et the >r 12 littkosheree
Menet, althises both the bills et mishear were gamely
eonorable, ulWane sad bleed; were is Intl trustees for
Oranstelli sod Scalia. That the plantirs spats had beat
usable to dinner in whew pemeasisa the Boushay woo frees
the Mk et May till the 46th of Nommlier, bat that the said
ilosz, Moody, and Henn& bowleg sow the ening eves
his, did ietind, salsa netreised by the seat, to seal her
sway, wittiest essemst, teem logind to sine
pasts boned the sees, semi set is the isminien eif the }len-
til, sad that Ile, also iambi Is man's SIM MI it isle,
is other disposition timed, is tamer et some peens an-
knows to the plaintiff; wiliest %slim nib maim mein of
the plaistiff 's claim thank We esiessolip MANN
hake. the sun wee so he sompleted thee she he reels-
need, Nand to belosg to the onspeay ; awl sew having,
noes a time eateries to the registry thereat, Minded to as;
peolishaleg • esigest st Great Briton, is etheratme gadded
to the limit et the est tor the neatly et Nsithis nook,
Me lighten** Menet mid Mosley et the Mist elle were
ate he Inuit of .Ite provision et the mid set, sod la viola-
ties of tkii jest rnhis of the }laded g whose moseys had
hops invested is the pew et sash fie, The "bill
preyed that the &bedside might be Mereal to isliveithe
said mesa nip, the Sashay, to the pisistlif, mad that is
Übe the defeadaste night be netreised by isjese-
ties ken delivering the suss stem ship to say other pr-
ess is mew erithoat the usual et the plastid, sad trim
easels. r perraittiag the is.. M be takes out ei
aid ken esakina say pr raw terse ding, Sweatt,ei
=rith she ponied= or envoi thereof witting
count, sad Lisa making sad ezinitiag, or
=le be missend, say bill et sits at ester dispoilies
sad trent doing sal vanisiet• be dem sopedier sot
sibilies Meanie ship, seismip, with sessimt elthegisisdir.
MID hill the defends" Break Wits Ike yemw,
aid leis Mond. nd • olimener, Mad the 18th et Ds-
ember last, is the costal that Me Oil( had set by his
bill seed* suck a ewe meld es ti& him to say themes,
or relief from them deemissis, tionsitieg the manse en-
tined is the hill„ sad elm, bemuse amine peens. who
wen sot made pinks M the aid hib were assernary parties
pnniculaile the genets thereis referred to as bang chi
• Gennusist et as " The Sicilian goversisest,"
er " The asseadve power," is the pence. hang the pinks
oiler is tie said ball mistimed trader the said goner&
neat se Done of them.

atomised Mr. Chasidism mewed in support of the
motion to dissolve the iejeaction, sad ontended that the
Peniawalar sad Oriental Conroy had so legal Montt in the
vessel, as thp had treashmt all right to her before the in-
junction was obtained. That each 'peel was sow registered
in the peeper form required by the set is the names of
British subjegie, and there was not stillkient evidence to
seeable tide Part to say that the mosey expeaded in the pur-
chase wee oiler than the :Posy Manch resieered owaen.
Mr. Bothell sad Mr. Geldeasid, in esprit of the lapse.
ties, minded that the vessel was sot traestetvd by the
company said altar the plaiedirs power wag reestablished.
That the company well knew the parchap coney was ri•
mitred to the defendaate, Orenatelli and Scalia, by the
erupt's government, and that it was suadently proved that
the enamor to Wales end Moody wee part of • whew for
the purpose of @Dabber the regis:ry of the vessel to be
effected as the names of British subjects, though, Is het,
she still remained the property of the persons wuo had bees
seat over by the usurping "overameat to purchase the same.
This cuss has bap before the court for several dap, but
the es:manta oat behalf of the pities to dissolve the in-
Mactioa were only brought to a dole this day.
The Vior Chanciaor said as regarded the injunction
against the preppy, the real question was, who should pay
eats. Now, it arpand that four days before the M-
istaken was greeted, which was on the 3rd of December,
the poppy by repistniag the Pip in the names of third
parties, got rid of all their iaterest, sad, is fact, had
noshing whatever to do with the easel at that time ; sad if
the plaistiff Mom to file • Mil sad obtain an injunction
spinet • prey es the owner of a panel, after that party had
owed to have any interact ie auk venal, the consequent:a
was, that the lojonetion must be dissolved, and the plaiatiff
meet pay the sees.
The arguments in support of the demurrer, which Mae
annul iatereetios quietism of latitreatioael law, and the
rielit Mikis met to mein the Lag of Sicily is recoveries
mosey takes from the royal tressary by the usurping go-
vernment, are net yet michtd•d.

COURT OF COMMON PLRAL—YwrazDAT.
Immo= Ilasow—lieroas Low Cant Icencs Wrtas. Ma. lomes
Man; Kt Amu Casionsz, am lila. Jcsnca WIWAISL
BPIAJI s. WAILD.—ACTION aoazm TIE MILD HllOll

-----
This was as action 'bin lad bass knelt by a civil
ninny aad surveyor against Ne Ottorge than ard,
wbo was tho Lord Hies Commissioner a the loolaa Islet, to
swam iho au of 91. 10e., whisk the plaintiff daimon /or
stunk.l a eanatittoo of 11114, Moue of Cannon as a seinen
wham no Wornow. mad Wanda Railway Bill yam before
Kit standiag orders wannitan. Tbo defandaat had bote
end Is no laminas* of ski oonpaay, sad the swim was
used Wan no Chief Janke at the Attie. at NW
Priam u Westninistar after last Trinity Tarn,
who a wanks eras heat Mr the pinion/ I.
the killowni Minashan Tan Mr. Barjesat Bytes
as behalf of defeadaat, moved kr, sad obtained, a rule
nisi Ise a saw trial, on as pound that th• venial waa
avian no orkkose. The ern new ono before the court
as eaue bon. shown anoint she ink being nada absolute.
Kr. flajoaat Clanoll sad Mr. Colo appeared to show
man yang the rale, sad Kr. Sarjoant Ryles and Mr.
Braswell d to noport it.
After Mr. Mijwat Cbaaaell and Mr. Cols has bon kind
spinet no rule,

TThe
Coast stopped Mr. Serjeut Hples la Ids addras ia
support at the rah, sad said that trident saproalai sap
tamales es to dm eastiset ski paged* 's witnesses, it would
M more eatietwoory lo the soon V ski saes was tried again.
Tao rain for a sew tnal would therefore be wok absolats.
Rule absolute arooreissly.

COURT OF QUEEN'S BENCH.—TstrunAir.
Ma. BARBER'S CASE.
_

Is TIM KATI= Or WILLIAM MIN; T BARBRA, AN

ATTosirsy.

Er IP. Thosiger, with wkaa;waa Mr. Born!, Raved fee
predastieit of the Bator's report la the ease of Williams
Hoary Barbee.
Mr. Term r (the rats) this reed the report width ha
had prepared oo the isaftre referred to him; bat, se this
report was cited at siwaidseallio leagth is the arsonist of
]Jr. Berjeitat Whim, M is stsimisst M stale that it sawed
folly law all the partiesisse addle Jose Item sow is which
Mr. Barber had bees imepliestsd, sad ales sawed lees
cr.ber alleged stalrestises whisk lad ben iseasht to the
kaowitdis of the L Society I. amestrass of Mc Barber's
applimoioe to be rawest AIME dot aspen bad bees read,
Mr. &doom Whim, with tykes was Mr. Lodi. said
that it, la the obs maim width he bad le wake la tLis

;* ealt o ee L man van—istpattant sot y his is Wined
client, but also to the aosnanity at larp—be should feel him.
tolf cling no to hapset the niesomings end staleness of the
Id Liner ia his report, ho wee sun that that gentleman would
believe that is this Anhui* of a very painful duty he
meat to bin so perms* thermoset. In the Ant plan, /tr.
Berbee nen sever to have bees onled on to meet these
none, end tee. plead, se; bat he did sot stand on that
tiOt, bi. dint Was to free kr reputation ken the minas
whisk hid win out wit,sad velem he eseoesdied is that,
he wend far rather have reasised in • keno nod than
have returned to hie actin nanny only to eternater
obloquy sad sews. This investigation had bees
=nod by Lard Dennis, sad had bees eih,
to ; bat if Mr. Berber had stood on hie
stria riot, toneedset ban cossetted to it,
for by Ms Illeintre penes he stood needy la the suss
podium Si that I. which he was beton the trial. That
end to have bees little sadentood, sad the
Lunn= wen insenat of its ant and were infringing
an royal Leereers•ive, waning a power which did sot
being to than, and paissing a wane mot oppre*.•
kir. Buber,graiis svtry.buse had bees don one& tenet
meta a predsdkie is the isnitlipties of his tese. The
effect or the patios acoeispa thews k wee by the
enervation is the inter el the Boise Suntan t. not
neater prs4eneei sad castles oa hie part would have
ezenved bin k is the sophism to whin his 'catkin is
the traumas I.*ls quiets. sunray expand him," wee to
Manna hi= is the muse potties as he held bake', and,
in feet, the word " pantos " ought sot to have bean used, he
that Implied sineiling M !Ribs, wham" IN below' to
show that in this one then was 'Lothian to thine,
that they, win no eons' nessdessetion, sad thinkers the
tern pantos was . In its legal non. the weed
nasal to month misstate, and is " Bent's Abridg-
ment," title " Pardon," it wee laid down, that when •
pardes wee_ anted la tresses or tansy, it far skarnd a
inn hen iskny that ke night brag as aides ensign any
on who celled him • trainee or • felon. 15 wee had is
a area is "Robert's Reportr," Ititthe "Listepselsa