The Express.
London, England, 1852-12-03 00:00:00

Ulu intelligence.

HOUSE OF LORDS.—YeATERDAy.
All —BtN. 11 111. I,III.CIIIINCIUtooe, Eat. TAL•OI, AMC LOllO
el. Mph

TU. NORTM But nail ItinCT

or ♦ BANKING COll-P-AN;;

This was an appeal brought by the North British Bank-
ing Company, which wasestablished in Glasgow in the
year 1844, and th ales Hutcheson, the regists red cashier of
the company, if the respondent, Edward Collins,
paper-maker, of Kelvindale, near Glasgow. The appeal
was brought again*: certain interlocutory judgments pro-
nounced by the Court of Ses..on in Scotland in action
brought by the present reepocdent, who was a shareholder
in the company, against the appellants, the object of which
was to obtain a decree of the court declaring a dissolution
of the company called the North British Bank, and to ob-
tain the proper ordyrs of the court for caming that dissolu-
tion into effect, The North British Bonk was esta-
blished under a special contract of co-partnership, which
nrovided attempt other things that the business of the
company should be strictly limited to banking, that it
should be a bank of issue ; that the management should be
in seven din cton, who were to present an annual report of
the affairs of the company; and by the 54th article of the
contract it was ',royal, J that it should be in the power of
three-fourths of of ionsl shareholders at a general meeting
to dmaolve the coop iny ; and it was also expressly provided
that " at any time it should be found, on balancing the
hooks of the company, that losses hail bran sustained equal
to the whole of tle• reserved surplus fund, and also to 25
per mat. on the advanced capital stock, such loss should,
ipso facto, and, without the amenity of any further
procedure, dissolve the company." The company, being
established on Chia footing, proceeded to do business ; but,
as alleged by the respondent, with a loss from the first,
which went tan increasing year by year, although the re.
ports of the directors showed an annual profit. At the
geiteral erecting ou the 14th of February, 1849, the re
spendent lodged a formal protest declaring the pro-
ceedings of the directors illegal, and alleged that
the lames of the company had reached twenty-
five per cent. on the advanced capital stock, and that
therefore the company was, ipso hcto, dissolved, and that
notice, of seek dissolution ought to be given. This not
being dine the respondent brought his action on 13th April,
1849, by the 6111011110111., in which he offered to prove that
the event coutemplated by the contract, as operating as an
ipso facto dissols•ion of the company, had occurred, namely,
that their tomes had amended the reserve surplus fund and
2.1 per cent. of the capital stock, and praying a decree that
the osespony should be declared dissolved from 14th Feb-
ruary, 1544. On 9th November, 1830, the Lord Ordinary
rrelienneed an interlocutor, by which he remitted to an
esseetataat in Edinburgh to examine the books and reports
of the directors at and previous to Febniare, 1849, rod to
report whether the reports of the directors and balanets of
the hooks were true and correct, or I/ erroneous, to what
eatent and hawhat nvetter ; and whether it appeared from
tbe bleats Mr weld be ascertained, that at or previous to
3114 December, 1848, the losses of the company had been
equal to the reserved surplus fund and also to 23 per cent.
of the capital stock. The then defendants appealed to the
lest division of the motet, which confirmed the inter-
locutor of the Lord Ordinary. When the case re-
turned to the Lord Ordinary, the then defenders re-
fused to produce their book, and persisting, a
warrant was granted by the Lord Ordinary, which the ap-
p llants refused to obey, and thus exposed themselvea to a
warrant of imprisonment ; and tha order was also affirmed
by the Meier house &railed these several interlocutors the
prevent appeal wee brought. The grounds of the appeal
were, that the court ought not to have entertained the
respondent's applimtion for investigation, and enforced it
by warrant, until after the appellants' defences and ideas
to the summon. had been disposed of, which had not been
done; that the allegations in the summons did not rapport
the cause of action, and that the maintaining of the action
was excluded by the contract of pat tncrship, that contract
having provided the redrew and procedure open to any die-
satisfied shareholder.
Mr. Bothell and Mr. Anderson appeared for the appal.
lents, and couteeded that the Lord Ordinary, without giv-
ing any judgment in the action, had made the whole cause
of action the subject of inquiry by the accountant, and that
there was nothing to juatity oath an inquisitorial investiga-
tion, which would throw open the whole slides not
only of the hank, but of every individual shareholder and
depositor, and in fact have the i ffect of shutting up the
bank, as all its ordinary means of transacting business were
removed from Glasgow to Roioburgh. With regard to the
allegation that the losses of the bank were caused by the
fraud and misdirection of its business by the directors,
if that were so, the summons did not apply to the 54th
article of the contract, for the loss was only such as could
be recovered against the directors, and had not accrued in
the course of the business of the company.
The Lord Advocate, with whom was Mr. Rolt, was open-
ing the argument for the respondent, when their lordship.
rat!, and the further hearing of the cam was postponed
until this day (Friday).

EQUITY COURTS.—YIATERDAY.
&was roe mane PARKIN 01 Mew.
Ix as HIWITIION, A LUNATIC.
Mr. Faber said that upon the death of the lunatic his
property became divi ~,, le amongst numerous oartics, some
of whom were resident nt Oswego, in the United States of
America, and whose title we, evidenced by an affidavit
sworn before the judge of the county court there. This
affidavit was on the face of it quite regular, but had not
been placed on the files of the court.
Their lordshile said that the affidavit, before it could be
received ins evidence, must he placed on the files of the
court. If they objected at the office to file it, an applica-
tion most then be made to the court upon the subject. They
suggested that
Is:ea avoided necessity
yy ofns making gat/till:11ns affidavit courtntheeatiii t
in the cause, and producing the deposition of some person
that he bad read the statements of the affidavit and be-
lieved them to be true. The more regular course, how-
' ever, was to file the affidavit.
Is as Dutonsing.
In this case it appeared that upon Lady Dinorben ,being
appointed ouc of the committees of the estate of the late
Lord Dinorben, she, iostead of giving the usual security,
bad deposited in court the sum of 20,0001. Before, how-
ever, any grant of the estate could be made the lunatic died.
The presented petition was then presented for payment
out of court to Luis. Dinorben of the sum of 20,000(., toge-
ther with any dividends which might have accrued thereon.
It appeared that her ladyship was about to take out letters
of administration of the estate of the late lord.
_

The order asked wh;;;;;Ie,1;ett07-t;geffect only on
the poodeeties of letters of adetialotestics.

COURT OF QUEEN'S BENCH.—Yarrumr.
&TIM AT NM PAlVA.—lisreaz LIMO C•ain= AID ancw.
hum
THI QUZIAN o. HAIM PADDIIit, AXD WArusts.
Vanua?.

This ease, which was a charge of conspiring to defeat the
ends of jostler, was resumed this morning by the address of
Sir Alexander Cockburn to the jury on behalf of the de-
fendant, the Rev. Chutes Probert. The:learned gentleman
commenced by going over the beads of the evidence, given
in our impression of yesterday, briefly adverting to the cit.-
: mimstances under which the card cheating at Brighton took
place. The evidence, he contended, proved one fact beyond
all doubt, viz., that Ham!) was in a very great degree under
the influence of the Brooms That influence alone could
explain his conduct with reference to the card cheating cue
at Brighton. Fur a time the resentment he felt at the frau-
dulent conduct of the parties concerned in that transaction
was sufficient to overcome the power which they ex-
ercised over him ; but in a short time ho was
found inviting J. Broome to his house again,
and not only making statements exculpating that
individual, but actually swearing to an andavit which
the evidence showed war an affidavit of Broome's innocence.
The learned counsel then argued that Mr. Protect saw
that Mr. Hemp bad got himself into a great difficulty
through this andavit, having, on the one hand, sworn
before the magistrate that John Broome was guilty ; and,
on the other hand, made this affidavit of his innocence.
Mr. Probert, ignorant of the law, and not acquainted with
the world, was anxious to help his ward out of the miser-
able dilemma into which he had fallen. He then gave a
species of went to that arrangement which wee stated to
be a hindrance to the course of justice. But, having looked
at the defendants' side of the question, he would ask who
wens the prosecutors? In feat, the true prosecutor wee
the very man who had been and was the subject of the
prosecution fee cheating at 1111116. After the arrangement
with the defendants at the meter Hotel wee emptemel
that very mac gave dinthithe to step the dews.
it be said then that be dew males se ref teesseles
Following the came of IMMO it wee Mad NM
at the trial Ramp was, esestffing M nenengenninat.
not present; the learned
dit= towage,. swwees.
ing ail was set right, the
w=trallee'
clerks to preseentee, and thus the
ing over J. Broome. Bat desplitiCs= Inneeemeehil,it
had surrendered to take hie kith AM the real in-
tent of these proceedings was, la ket,te get Alec the in-
dictment. As to the ate tamed may by Kn. Broome,
that this prosecution was be Its peeps, a getting her
deeds, Sir A. Cockburn meets& the pewee proceedings
could in se way affect the = these documents.
The learned gentlemen this Oa the very evi-
dence itself showed clearly that a OS ash piss at the
Exeter Tavern was done with the ethl specnr-
ream of J. Broome, who now turner=sppeww his co-
delinquents. He (the learned counsel) eanired hie
client had erred; but it was indeed Mange that that
error should be sought le be punished by the very
mac who was a party to, sal the °sly pass benefitted
b it. The first set of sea* of the 'skeins, *barged
the defendants with a to shear* the Sears of
justice. To determine wMtle, that in-
tent the jury most look to slime, = hod
it askavour
to ascertain the clear Steam of the delladeste. Now,
the belief of the ;wins wee that J. Ikea= maid sot be
smith* mad that limp me liable he Adak hie
s If be did net J. Bes se,se, , if Ilsre& hames
, be charged seltb pegthey by names of the aid-
=tilt lanocen-e. It was he ins Hasp from rb
dilessa, to prevent his being the victim es well se the
dodo se Ith own follies, that Mr. Probes itherthred. Thus
I woe the bent, cadOM Moot Indeed se deist et the
Olio et Justly& wee me Ito gale Womble of Mr. Pre-

bert in relation to tke Hemps. The very visit to Boulogne
which bad been named an often, wee made by Mr. Probert
in outer to get the brother of Hemp out of gaol Title un-
fortunate Mr. I'robrrt, a simple country clergyman,
had born drawn front his home, from the faint
quietude of his duties—daties which he had hitherto
fulfilled without reproach, and, worse than all, his own SOU
had been led into a course of dissipation through his being
appointed guardian to the Ramps, which charge in en evil
moment he had undertaken. This prosecution wes the
I crowning stone of this unhappy aeries of octorreneer, and
be trusted that the jury by their verdict would not only
show that they viewed his client's position not so much as
the effect of delinquency as of misfortune, but would also
get rid of one of the most scandalous prosecutions ever
instituted.
Mr. Skinner, in the absence of Mr. Serjeant Wilkins,
whirrs/red the jury on behalf of Mr. Hemp, and Mr. Haw-
kins on behalf of Mr. Watkins.

Lord Campbell, in summing up, said the case was one of
the greatest importance. It was above everything neces-
sary that the stream of justice should flow un-
disturbed. Ile was afraid that witnesses were fre-
quently bought off, whereby truth wasnot discovered. His
lordship wished them to consider well the speeches
of the learned gentlemen who had addressed them; at the
same time they must not overlook the evidence. There could
be no doubt but that the verdict would turn upon the
amount of credit to be given to the witnesses. If they were
believed, but little difficulty arose ; but it was to be re-
membered that they appeared there a• accomplices in the
illegal practice which they called upon the wart to punish.
It was for the jury to decide what credence was to be
given to them. His lordship then went through the eel-
deuce. After which he said that, of course, in a cue like
the present, witnesses of the highest character were most
unlikely to appear ; but whatever might be their opinion of
thou who bad been brought ferwanl by the prosecution in
the present instance, the undoubted facts certainly went to
corroborate their testimony. Compassion would, without
doubt, bo felt for Mr. Hemp, who had been led
astray by evil company. His lordship certainly
thought Mr. Probrrt ought not to have mixed himself
up in such a transaction as that which occurred at
the Exeter Hotel. No friendship for Mr. Hemp could jus.
tify such a proceeding. The
evidencoagainst Watkins cer-
tainly showed he took an active share in the matter.
A juror inquired whether his lordship thought there was
sufficient evidence of a cheque being handed over to Mr.
Hemp?
Lord Campbell thought it was clearly a feet ascertained
that the cheque was given ; for what purpose the verdict of
%limper,. would tend to show.
The jury then
After an hour's absence they re-entered the court, and
The Foreman said—We find the three defendant. Guilty;
we beg most strongly to recommend them to the mercy I t
the court, u we firmly and unanimously believe that they
have been the victims of a base and infamous °empiric).
Mr. Hawkins and Mr. Iluddl:ston asked his lordship to
order the documents produced at the trial to be retained in
court.

Mr. Parry objected ; there was no ground for such an
application.
Lord Campbell said he should direct the memorandum
of receipt given by Ramp to be retained in court. He
reserved sentence that ho might have the opinion of the
other learned judges in term time. He had only to state to
the gentlemen set the jury that their recommendation to
mercy should be well considered before sentence was
paused.
Verdict of Guilty against all the defendants. Sentence
deferred.

COURT OF EXCHEQUER.-YENTERDAT.
&IMAGO AT Nw Petty AT WINTISINSTAIL-UKTOSI TIM CNIZA

PAWN *OD • ittrlAL Jl:2lr.

TETLEY O. EASTON AND ANOTIIICUTIi'ATENT CASE.
The court was occupied All day iu hearing the plaiutifrs
ease in this action, for the Infringement of a patent for cer-
tain improvements in machinery for ridging and impelling
water and other liquids. We shall give a brief outline of
the case when it is concluded.
BUSINESS UY TEE COURT.
It was announced that no more common juries would be
taken until Mondry.

SHERIFFS' COURT.—YESTERDAY.
PROCLAMATION OP OUTLAWRY.
Mr. Hemp, the bailiff, made the usual proclamation of
outlawry, and called upon the following petsons to surren-
der Charles Frederick Augustus K illaam Guelph and
Charles Cassimea Reinhold at the suit of the Queen ; C.
Lucas Lancaster Lucas, Rev. J. W. Smyth, C. B. Reynolds,
John Even Spalding, G. B. H install, Edward Upton,
Henry Hondas Campbell. Henry 11. Griffin, P. B. Francois
Charles Dillies, and Edward Upton (at a second suit).

COURT OF BANKRUPTCY.—YESTERDAY.
Baroaz Illa. Cumorzsaora Evans.
1N as Savzas.

This was the certificate meeting in the ease of Thoniu
Severs, woollen cloth werehoweinan, of Hasinghall•etrect.
His accounts extended over five years and a half prior to
the failure in June lest, and showed a sum of 11,218!. due
to unsecured creditors, 4,0901. to those holding security,
and 13,6971. of liabilities. The assets were put down at
1,646/. in good debts, and 2,9401. in property ; property
held by creditors 2,6061. The 'mounts commenced with a
deficiency of 7,6604
Mr. Linklater, for the assignees, said he was not in-
structed to oppose. In justice to the bankrupt he must
state that the moment he felt difficulties coming upon him he
had placed himself in communication with his creditors;
and since his Isilure he had laudably exerted himself in
realising the smuts.
Mr. Lawrence, on behalf of the bankrupt, stated that the
large deficiency with which the balance-sheet commenced
was mainly composed of a debt due to his uncle, which he
did not believe would ever be called for ; nor was this the
case, for the uncle, on his death, bad made him his raj-
deery legatee. His failure had arisen from the altered
mode of conducting the woollen businesa in London, where.
by the services of agents were to a great extent dispensed
with. The assets were large; and the bankrupt hoped to
receive an immediate certificate. Many of the creditors
were members of the bankrupt's family and personal friends
—the assignee being the principal trade creditor.
His Honour said he thought the deficiency of 7,6601. bad
been satisfactorily explained ; but the expenses had been so
very heavy that he telt compelled to mark his displeasure
by adjourning the certificate for 3 months—when granted,
to be of the second class.

IN RI MIDLET.-00TLAWILY.
Thin was the lest examination meeting in the cue of T.
Medley, described u a horee-hair manufacturer, of Bee.
mondsey. The bankrupt had not surrendered, and is sup-
posed to have gone to Australia. His debts are stated at
between 2,0001. and 3,0001. There are no assets.
Mr. A. A. Jones, fur the assignees, applied for the awl
order of outlawry, which was directed to issue.
INSOLVENT DEBTORS' COURT.—YESTERDAY.

throes Ma. Ceenumnaisa Pe wee.
IN Tlll Memo or feasts PAimsn.
This case which involved a question as to the matmeting
of a debt on some patents occepied the whole day.
Mr. Sargdod opposed and Mr. Cooke supported.
At the rising of the court the cue was adjourned, and
the report is reserved at account of the Misemplete Kate of
the proceedings.
IN ILI ERIC BAILII.
Mr. Sturgeon implied to the court in this matter, in
which a question had been raised as to a legacy of 3:501.
It was arranged that half should be paid to the assignees
and half to the insolvent. It was now further arranged
that each party should pay a share of the legacy duty.
His Honour made an order in accordance with the ar-
rangement.