The Express.
London, England, 1868-02-19 00:00:00

BILL.

Mr. GLADSTONE, in moving the second reading of the
Compulsory Church-rates Abolition Bill, mid when the
measure was brought forward two leading mem-
bers of the house, including Mr. Henley, said
they would prefer to this bill a measure for the total
abolition of church rates. They must make their choice.
He could not expect the hon. member for Bury, who had
brought in bills for the total abolition of the rate, and those
who supported him, to abandon the prosecution of their
object, unless some measure which they would swept
were offerred to them. All be could ask them was to
test the opinion of the house ss to whether it would
accept such a measure as he now offered as a practical
settlement of the question. If it did not succeed, he for
04e should not interfere with the attempts made by
other members to settle the question in another way.
The hill provided for the total abolition of the compulsory
pro er of collecting the church rate. The bill would fact.
litate the extension of a system which was now more
°rims in use in many large pariahs., a system substantially
voluntary, the rate being collected without the smallest
idea of resorting to the principle of compulsion. In small
parishes a great practical evil was that the secular business
ofiditaining funds for the maintenance of the fabric of the
ch.rch and conducting the service fell practically on the
already over-burdened clergyman, and tended to draw him
from his spiritual duties. It was not the principle of
church rates which was now at stake, either in this bill or
in the bill of Mr. Hubbard. The principle was abandoned
in both. He would remind the house that the church
cis,' was abolished in Ireland some years ago by the bill
brought in by the present Earl of Derby, and he asked
whether, if that sore had not been stopped, the Irish
Church establishment would now be in existence. He
believed that the Church of England would be strengthened
by removing from it those little causes of irritation.
Mr. HENLEY opposed the bill, saying he preferred the
Lill for total abolition.

[Left 'peaking.]

THE HEALTH OF LORD DERBY.

(DT TRLIGRAVN.)
(FROM OUR OWN CORRIMONDICNT.)

LIVERPOOL, Wynn:fumy lloamilm.

Lord Derby has passed a fair night, and although
there is no very marked Improvement this morning, it is
believed by his medical attendants that no farther relapse
will now take place.

Lord Stanley will probably return to the metropolis to.

The following bulletin was leaned yesterday by the earl's
ee•dical attendants, Messrs. Bickerstetb, Cont., and
Miller
: _ .

. ..... .
" February 18,10,X.
" The Earl of Derby his passed • good night, and is in a
more satisfactory state to-day."
The Queen, sharing the general anxiety felt regarding
tin noble earl, telegraphed from Osborne yesterday re-
io...ting to be informed of the state of the distinguished
p A similar telegram was received from the Prime
Wal, on the previous night. In reply, the Countess of
I.erhy forwarded a message stating that the earl was much
tt.ir and in good spirits.

C.I3II:RIDGE UNIVERSITY ELECTION.

(ny TELEmurx.)
(FRO* OUR OWN CORIZIMPONDMIT.)
POLLING.—(THIS DAY.)
CAMBRIDGE, 1 r.u.

Mr. iteresford-Hope
Cleaaby

f:EPRESENTATION OF STOSE-UPON.T.R.ENT.

THE NOMINATION.
(BY TELEGRAPH.)
HANLEY, WEDNESDAY APPERNOON.

T! It• 111 ination of candidates for the representa-
tion the parliamentary borough of Stoke-upon-Treat (the
dabire Potteries) took place this morning in the
hot-place, Hanley, the principal of the six towns of
which the borough is composed. Mr. John Hope, of
slid ton-hall, Hanley. officiated as returning officer, and
there were from 10,000 to 12,000 peasant present.

TILE OXFORD AND CAMBRIDGE SPORTS,.

(IT TZLIGRAPH

(FROII OUR OWN CORRESPONDENT.)
OXFORD, WEDNESDAY MOWING.

It has been finally settled by the authorities A
oxford that the Oxford and Cambridge sports shall not
be held at Oxford this term. Much surprise and disep.
ointment is fclt in coesequence of this decision.

THZ FIRE AT THE CHARING-CROSS RAILWAY
STATION.

LATDAT PARTICULARS.-(THIS DAY.)

At daybreak this morning it was found that the
,00f extending over the entire length of the plat-
foi ni had sustained considerably more damage then
Av.. At first supposed. At least one half of the glass-
work has been deetroyed, and throughout the morn-
ing workmen have been employed in knocking down
!Love portions affected by the intense heat and smoke.
4 course, each a prooee.Jingis attended with much danger,
and the police have considerable difficulty in keeping the
1...5at'1,,s back. Only one line was in working order up
to q'duck, in consequence of the fragments of the glass
h. i!.,4 seattrreel over the rails ; but a ten minutes service
ied on between Charing-crass and Cannon-street,
and Pa.. .nacre were thus enabled to book to all station, on
t!. e North Kent, Greenwich, and main lines. The Dover mail
thi, morning and the tidal train at mid-day were started
',mai direct from the terminus, and it is expected that
or 1 o'clock the regular traffic will be put in
The Duke of Sutherland and Lord Henry Lennox
%,tited the scene of the fire yesterday.

SEEP S FIRE. AT HILDERSHAM, CAMBRIDGE. —On
Sunday night a very serious fire occurred on the farms of
Mr. Thomas Webb, brother of the late well-known Hr.
Jonas Webb, at Hilderabam' a village about ten miles
from Cambridge. Prelerty to the extent of several thou-
'end ponnds has been destroyed. The fire broke out about
kill-past 10 o'clock at night, and was not extinguished
until late on the following day. All the farm premises on
tit”, farms have been destroyed, beaides a mare, a young
boo. five stacks of Blower, a bare of chaff, wheat, barley,
I^ a., kohl rabbi, lee. The fire is supposed to be the work
u incendiary . The buildings belong to Mr. Huddle-
The buildings, grain, fie., are fully insured in the
Norwich and Sun °Mose
111 r RAO E ON A FEYIAN WlTNESS.—Patrick

• a publican, of St. Patrick's-quay, Cork, 1;;al;emn
• pitted to gaol under the Lord-Ideuteaant's warrant
enianism. The out offices and haggard of Mr. John
~:uoultathcorniack, were maliciously burned on Sunday
- :T. TWA is the third incendiary fire on his premises
" be gave evidence for the crown at the special cora-
: ...ion on the trial of a Fenian head centre.

THE EX

There was a large attendance of gentlemen interested in
the company, end of these connected with the Stock Ex-
change, to hear the judgment delivered.

ROLLS CHAMBERS.
THZ MARLBOROUGH CLOD COMPANY.-IMPORTANT TO

MEMBERS OP' CURS.

In this winding up matter before Mr. Hawkins, the chief
clerk, an important question was raised. The club had been
formed in Grafton-street, Bond-street, and failed. The
shares were paid up by the gentlemen who were the mem-
bers, and the present application was to put them on the
list as contributors in order to proceed against them for
their annual unibecriptions. The assets were not very
large, and a number of gentlemen bad been summoned
to be placed on the list, with a view to ulterior prowled-
loge. A clerk from Messrs. Lumley opposed, and said the
shareholders had paid all up, and the subscriptions were
p►yable in advance. On the part of the liquidator it was
said the parties were liable under the lUlat section of the
Companies Act, 1862.
The chief clerk put the parties on the list ►nd allowed
an appeal to the Master of the Rolls on the important
question whether gentlemen who had paid up for shares,
could, as debtors, be placed on the list of contributories.

COURT OF PRORATE AND DIVORCE.
(Before tha Judge Ordinary.)

WOODWARD r. WOODWARD ►mi SMITH.

Dr. Spinka, and Mr. Serie for the petitioner. Dr.
Swabey for the respondent.
The petitioner, a coffee-house keeper in Drury-lane, mar.
vied the respondent in 1860 ; but experienced great unhap-
piness and perplexity in consequence of her drunken habits..
He now charged her with adultery with a journeyman
currier, who lodged in the house. The petitioner claimed
50/. damages against Smith, but Dr. Spinks intimatedtbat
the jury would probably not think it necessary to award avery
heavy sum against h im, for it would appear that the respon-
dent was rather the seducer than the seduced. The evidence
in fact disclosed the most shameful profligacy on the part
of the wife.
(The case was proceeding when our report left.]

COURT OF BANKRUPTOY.
Illefore Mr. CommWitmer ()claim/a.)

IN Hi CAPTAIN G. A. 00311AN.--.-Tlli HANDA NUTS NONNI'

CASE.

The bankrupt was described as a ca tain in the 2nd
Tower Hamlets Militia, of 10, Wastn -place, Pim-
lico, formerly of Westbournaprirk-villas, Peterborough-
terrace, South Kensington, and other places.
The debts are 42/. The bankrupt, who came
up on his own petition, ascribed his failure to disappoint-
ment in getting an appointment, and depending too much
on receiving a considerable sum of prize money called the
Banda and Kinreetaiwize money which expectation had
been suddenly dispelled by the decision of Dr. Lushingten
in the Admiralty ourt. It appeared from the prooeed-
ings that one of the principal creditors had been induced
to advance the bankrupt money on the faith of his ob•
taming this prize-money.
This was the sitting for examination and discharge, but
the regular statement of accounts had not been filed.
The bankrupt, in answer to questions from Mr. Sykes,
said that he was still in the Tower Hamlets Militia, but
not in receipt of any pay to speak of. He attributed his
failure to non- pt of the Banda prise-money.
Being asked why ha had not filed his amounts, he said he
hail expected to receive notification of what be wee
to do._ - .

—His Honour said that nothing of the kind was required,
and adjourned the aim sine die, but gave protection.

POLICE COURTS.-(THIS DAY.)

GUILDHALL.
BOASTING OW BITNO ATENIAN.

Edward Ctton, an ivory-turner, living at 19, Charter-
ouse-square was brought before Alderman }lnnis, charged
with being drunk and disorderly in Earl-street, Black-
friars. _ _

Henry Southerwood, 4firl, mid that that morning,
at • quarter to I o'clock, the defendant
was in Earl-street, Blackfriara, drank and ob-
streperous. He refused to go home, declaring that he
was a Fenian, and continually throwing himself down on
the ground. He picked him up five or six times, and then
the defendant said. "I'm a Fenian, and Fenian always
carry revolvers and sword-sticks." Witness replied,
" There is many • true word spoken in jest,
and, therefore—{turning to the defendant's wife, who
was carrying two sticks and an umbrella}--I should like
to look at those sticks." She refused to let him do so, but
be took one from her which turned out to be • sword stick.
The wife had been drinking but was not drunk. He took
the defendant into custody for fear be should do any harm.
He was fined 5• for being drunk, and paid it.

CLERKENWELL.

BINGuLAR CoMPLAINT AUAIN6T THE PO6TBIASTMGECIFIAL.

. .... . —.—
An elderly man, on Mr. Cooke taking his seat, said he
wished to get some redress from the Poetrothce authorities
for refusing to deliver his letters. lie considered it a very
great hardship not to have his letters delivered, consider•
ing that he had them left at his house for more than two
yews.
Mr. Cooke asked what reason was assigned for the non-
delivery of the letters?
The applicant said that there was a saucy postman who
complained of a dog that barked at him. There was no
ground for that complaint, as the dog was very quiet, and
quits harmless.
Mr. Cooke said if the postmen were afraid of the appli-
cant's dog, that was a good reason for their refusing to
deliver letters at the house. He could do nothing in the
matter except to refer the applicant to the pred-oflice
authaities.
. . . .

The applicant said he had dose that, and an imp/take
had bees sent to make inquiries. That fusatissary had
reported is favour of the man who complained of tie deg.
11r. Cooke said Past be mild do nothing in tabs Jostler.

LAW INTELLIGENCE.—(THIS DAY.)' Tb• •Pnlicerit. mewed ke kint bailie run*, WM'
hands, as be emniki gel rid of the dug
The applicant, wbo said that be had dons that and nogg
COURT OF APPEAL get no rreea, then left the Nark
(Before the Lard Chanseffics.l
BLOWS V. nth nzrzorourAir AMWAY COMPANY. DEATH OP SIB WILLIAM REMB.—(THIs DAY.)
The Lad Chanselke delivered his judgment to-day en
this motion, s moss of „bia km „may appeared in We regret to announce the death of Sir William
our columns. Shoe, one of the judges of the Conti of Queen's Bench,
Wu lordship said that in the court below the Vies. who died at a quarler.past 8 o'clock this manring, at his
Chancellor had directed that an injunction should be I residence in finesex-plaos, Hyds-park.prdens. His lard.
awarded to restrain the defendants, the Metropolitan ship was the eldest km of Mr. Thomas She., of Thomas.
Railway Company and their directors, from declaring or town, County Kilkenny, by the daughter of Mr. John
paying any dividend, except so far as the profits and I Dwell, of Sootier/ Castle, Kent. He was born in
other income of the company might be applicable to inch 11804, and married, in 1837, Miss Gordon, daughter of
dividend, regard being bad to the provisions of Sir J. Gordon, Bart., of Gordonsthwic. The learned
the special acts authorising the several undertak- judge, who was educated at Usbaw Roman Catholic
logs of the company and those of the Companies College, was called to the bar in 1828, and went the home
Clauses Consolidation Act ; the injunction to be until circuit, of which he ultimately became the leader. He
the hearing or further order. The case of the plaintiff was created med.:int-at-law in 1840, and became Queen's
was shortly as follows :—He bad, on the 28th of December serjeant in 1840. In 1864 he was appointed • judge of
last, become the purchaser of 5001. Tower-hill Extension the Court of QUO." Beni, on which cock-
stock, and only linos August, 1866, bad had any aka he was knighted. At the genera election
voice in the management of the company's affairs. in 1847 be was as unneesseful candidate for Marylebons.
The charge made by the bill was, that, whereas a sum In 1852 he was returned to the Houma of Commons for
of 700,0001. had been raised in shares under the powers of I Kilkenny, which be represented till 1867, and anasoner
the Tower-hill Extension Act, that particular extension, to fully contested at the general election that year.
the language of the chairman, " had not been We ate informed the learned judge was talon in en
touched," and the money thus raised (with some of Saturday, the Bth inst., having the day previously attended
the money raised for other extensions, amounting together to his duties in the Court of Queen's Bench. Since then
to nearly 1,000,0001.) was shout to be used in pay he had gradually declined in strength, and within the last
meat of a recently declared dividend of 7 per cent., few days his condition had been considered hopele s.
such appropriation being wholly illegal end ultra vireo.
It was further contended that the net working revenue
of the line could be shown to be not more at the utmost
than 150,0004 • year, an income which would not
justify • dividend of even 2 per cent. On the part of the
company it was denied there bad ever been any payment of
dividend out of capital at all, and submitted that there
was nothing in the act of parliament requiring that
the 700,0064. should be appropriated exclusively to the
construction of this extension line. Great stress was
also laid upon the contract which had been
entered into with Mr. Kea, whereby he was to complete
the works within • given period, and to pay interest by
way of penalty in the meantime. Although no one
could possibly approve of the manner in which the plain-
tiff had introduced himself to the company, yet it could
not be said that he was not to have the ordinary rights of
a plaintiff on account of the motives which led him to
acquire the means of appearing in that character. It was
further objected against the plaintiff that the proceedinp
of which he complained had bean going on with the full
knowledge and acquiescence of the person from whom he
purchased his shares, and therefore he could not raise
any objection to them. If the acts of the company
were positively illegal, the fact of knowing
them would not have prevented the original holder
from afterwards objecting to similar acts; but it
could not be held that the acquiescence of an
original holder would bind a subsequent purchaser.
His lordship regretted that any persons should
suffer from having the dividend withheld from
them if it should ultimately be discovered that they were
entitled to it. It must, however, be remembered that if
the court were to allow the dividend to be received,
and it should be determined that it bad been
improperly declared, it would never be recovered from
those to whom it was paid, and in that sense the injury to
the extension shareholders might not be incorrectly
described as irreparable. Under all the circumstances he
should affirm the decree of the court below, leaving the
costs to be outs in the cause.

A RAILWAY PASSENGER TRAIN RUINING
OVER AN EMBANKMENT.