The Express.
London, England, 1852-06-28 00:00:00

ROYAL LONDON YACHT CLUB.

The second match of the season under the auspices of
this club came off on Saturday; the prize. being 40 sove-
reigns for the first yacht, and 10 sovereigns for the second.
The Meteor steam boat left Londnn.bridge shortly before
10, and after calling at Illsckwall, proceeded to Erith,
where the race commenced. The steady ram which began
early in the morning did not abate soon enough for many
of these who had intended to be present ; but there was a
considerable aggregate comnany, including a large propor-
tion of ladies. The following yachts started :—Mouse, 15
tons, Rear Commodore ; Phantom, 20 tons. S. Lane, ;
Zuleika, 20 tons, M. King, Esq. ; Secret, 2.5 tons, R. Bell,
jun., Esq. ; Whisper. IS tons, T. Evcleigh, Eso. ; Vam-
pire, 15 tons, C. Wheeler, jun.. Eli. The Di.ivuln was
entered, but did not appear. There was the usual allow-
ance of haltminute time for difference of tonnage.
The start took place at five minutes to twelve.
Zuleika having the beat of it, the others being
nearly together; Vampire then passed Zuleika and got the
lead, but gave way to Secret in going down Erith Roads.
At Oreenhithe Secret was still leading, there being no
change in the position of the others. At Grays Zulcika
was first, Secret next, closely followed by all the others,
except Mouse, which wt.; considerably astern. At the Sea
Reach Secret passed Zuleika, which took the second place,
while Phantom was third, Whimper fourth, Vampire fifth,
Mouse not far behind. There was no further change until
the squadron rounded the flag-boat at Southend. Secret
got round at half plat 2, Zuleika about 10 seconds after,
Phantom at 31 min.s sec. past 2. Whisper at 32 min. past 2,
Vampire at 31, Mouse at 35. In returning Secret got con-
siderably head. All the way up there was a very close
race between Mouse and Vampire, which are of the same
tonnage and appeared well matched. The following is the
order in which the several yachts reached the flag-boat at
Erith:—Secret, sh. 48m. 305.; Zuleika, sh. 54m. 30s. ;
Phantom, sh. 55m. 205.; Whisper, 6h. Im. 30s. ; Vampire,
6h. 13m. 405.; Mouse, 6h. 14m. 20.. By a comparison of
time with tonnage it will be seen that the first and second
boats were the actual winners. Immediately aPer the con-
clusion of the race the first prize was formally presented on
board the Meteor to Mr. Bell by the commodore, Mr. Jas.
Goodson' the ceremony being attended with the customary
.
libations and honours ; and shortly after the steam vessel
returned to London-bridge. The excursion was enlivened
at intervals by the performance of the band of the Royal
Artillery.

SUPPRESSION or BETTING HOCSES.—On Saturday
at the weekly meeting of the vestry of Marylebone, Alfred
Daniel, Esq., in the chair, Earl *slivers begged to inform the
vestry that in compliance with their request he had pre-
sen•ed their petition to the House of Lords, that some
legislative enactment should he framed, having for its object
the abolition of betting houses, end he had done so with
great pleasure, for it was a petition in which hr most cor-
dially concurred. lie deeply regretted, however, that he could
not congratulate the vestry that any success had attended
him on that occasion. A leading journal had informed its
readers that "a noble lord (name unknown) presented a
petition praying their lordships to indict some law for the
suppression of betting houses." Considering the import-
ance of the petition, that he read it at length, and that it
emanated from so important body so the hfarylebene Vestry
—(a laugh)—he did regret that the prayer of the petition,
in which he most cordially concurred, did not meet with a
better fate. lie should have been glad to have given some
hope of something being done in the way of legi,lation on
the subject this session, but from the close apj roach to its
termination and the state of public business, he feared it
was impossible. (Hear, hear.)
' '

•
SEAM EN.—A question hoc been raised whether a
seaman, havirg suffered punishment for desertion, is still
bound to complete his savage, supposing the vessel is at
some distant port. The Board of Trade lately applied to
Sir F. Thesiger and Sir Edney Kelly for their legal
opinion, and they have interpreted the various clowns of
the Mercantile Marine Act bearing on the ease to mean
that, though a seaman has been convicted of desertion, and
punished under the acts in question, he is not thereby re-
leased from the articles of agreement, which remain in
force, notwithstanding his conviction and punishment.
Those gentlemen add —" We do not . e why he may nut
be guilty of another offence by again ni cl. cling or refusing
to join his ship, and again be dealt with under the 70th sec-
tion of 13 it 11 Viet., cap. 93, by another imprisonment or
by being conveyed on board the ship."

•
NEM GOVERNMENT Y.titth—it is thooght that tho
new yard at Keybam, llevoupoit. will he formally opened
for the elimination and repair of the steam-vencis of the
Royal Navy, in course of the next six or eight wicks. His
Royal Highness Prince Albert is expected on the occasion.

•
Tai MATIILR DIPTICULTY.—We believe that it
is not premature to state, that Sir Henry Lytton %Carer
haa been able to bring the Mather affair to something of a
more satisiactoryconelthion. He has ptrsuaded the Duke De
Cuigliano to agree to a note, not only expressive of the
regret of the Tuscan government iu reference to the past,
but also promising for the future to recognise the principle
of responsibility for all act. relating to British subject*, com-
mitted in the territories of the (irand Duke.

Raw rntelticctlzcfe
110118 E OF 1,4)111/8.—S.VieltDAY.
Air. mime Ins Mum roes? or Co vomit m it ir or LIMOS
VSI out ss Naos.. —lneenaLeas
t.iseMase,
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ast' hssioriao. see ,itstTlllWlt M. 611.14 assoosa. Do INC
/.i m tat safes omed arm l:.raut VISAS.
Ea.
lIISISA V. tc. (Hosea JUNCTION CANAL C
AND SILIDNONI AND ISTIIIIVAL--CECUN (MST INTINCJIT Or
JeDUR IN INS MATIVIII 111 A SUIT.
This ill a Very Vollllllilluil. ease, the pleadings and other
&reeperate before the house tiding 4-) elcoely printed
come pages. The nutter iu dispute hiss been before the
▪ runs of law and equity fir many years; nevertkehes, it
may be stated in conneir etirele snort compere.
The Grand J unction Canal Company was incorporated in
1793 by act 33 Li, o. 111., c. 80. Mr. Jceeph Stsidmore,
▪ deceamel, sots their the owner in Le of A cot, hold
flint calleil Frogmen., and a copyhold field called 'Lentil-
so-ad, in the parish ut, met holden of the manor et
kiek-
mrnsemth, Diets. Itoundeuceil and three field. lay in the •
line of the projected cane', and were requir. dfor it. The I
eompeny there f rre, by agreimeot irth Skidmore, pur-
cb . fight piece+ of hind, c &owning together rather mire
than ter, sties, (Of 308/. lied he emouted a deed eon
in M 1797, onlvering that lam', and at the our t MU'
execute.: is loud 01 Indemnity raenust tee retire. of the lord
of the minor. In 1831, Mr lie.., the 111,114 hint, pur-
chrove the manor and herediternente. In May, Joseph
Skidmore died, leeviirg I'. E. Skidmore, then a minor. his
customary heir. I*.oetalliationt oar. mole in the Muter
Court fir the pence eolith...l to came in Wild be admitted.
eel nn on.. ceming. the Lip. Mlle, as lord, moue.' a watrant
to the Is 414 to *ewe the land. end breuglit an action of
eject:a. it ',picot the comperiy. Ile was noneuited,
but sultequeutly obtained a judgment of the (ennt
VI Queens Bench to set it rod VIA" groan 1
that the emspany had ecquinel en "'tumble estete
only in the land as cemyhold. hating (gen il
wader a writ of puesestion, he pieced a htr moos the canal
to 'recent the pastige of Merges, and in June, 1838,
threatener' te stop the n %legation, unless the company lai-
n:led-La .ely paid hint 'she coniterery tiled • 11111 iu
Choicely ateriust the appellant And Skidinete, aaeaiug ad•
mi",ou to the part of the cenel rue hone.; 1,1111 as copy.
held, .101 eraying an Mime:time against the appellant's
iirterferenee with t, e navigation. 'file V ieretehanceller of
Ea.tlJoJ, on July Pile, male an order cootie uirie the
iuyunetium hid. Lad IN I u made c: patt.) en tee term* of
tro. comp.ne peeing LOIN. into court as u . runty for the
to 1...0.•tive JCL via the admnlaue or skiihnere. Lord
Chancellor teittenhern, en apeeal on kith lkeensher, varied
the melee by dineeug that tee sum NO peel should be
serenity fir the fine on the aemittance of any copeliold
cement.the reeirt meths be of ireiiiien mighr to be redeemed,
the C.llll in) tau& rteeing that the tine 'heel.' be accoreing
to the teen 'leaved value el tee property. Trb• injunction
issued on tee tith eat July, le3ll. The appellant, by his
ensure.. Mel sot &we,• the state of his title to the fluent..
le April, 'eel, Ltohaio (another of the respondents) gave
aot:ee to the company that the appellant, under is mort-
gage from one Weedier, wee a =gleaner in poriteri sn, nut'
oeerpaid by le receipt ut tense and motile, and had made
some careen, it for (tile purchase of the equity of Tidies!).
teen. and was 1 ugly ins boll to the respondent Delwin or
to Martin (amebae reeponchut) as owners under Windalc'e
will of the equity .41 rectemptien of the e suer. The corn.
ray re amended their will, maim 1/.dam and Martin
defendant. The spire nent arieviercel that lei had in No-
verabrr, 1411, obtained an onhr of the Court of Chancery
botereoreug their equity of redemption. The appetint in
Do mete roue brought an action against the company for
went pi- tits, and his title being disented, a omelet
Terrine se is taken at the trial. Ti.. Court of
Queen's Deneh, in !ell. unanimously decided neainst
the appellant, on the grouiel that Skidmore being an in-
fant name within the protection of statute I Win. IV. e. 65.
This si t bat iseer received a different construction about
the tame tinv in the Court of li:chequer, in the Cute of
Doe tete wining v. Nueva" (12 M. 6. W. 832), tend on
appeal to tee quer Thamher that juiguar eat was re-
verged. The Chancery suit even Deer to Walt the result of
these proceedices et 14w. On the 16th November, 1816,
hew, see, the Vke.Chancellor gave judgment, that Skid-
more, its ce..t.imary heir, ought to Ire admitted tenant to the
copehold pu ...lees in demote, to hold as trustee far the com-
pany; th. ceimpeny to pay the hue and fres on admission;
and it as. C. !erred to the Master to met rtain and settle the
amount theieol, bevies regard to the custom of the manor.
The hill is ageicet lemma and Martin was disunited, and
the injuection was nude perm tee'. Lord Chancellor Cot
tenham, er :weeks', affirmed this decree in January, 1848.
The mete r then went Imo the Master'. °Rice, cud the tine
and fees payable were found to be 3971 12e. 4.1. The ap-
pellaut, oil the Freund that the Lord Chancellor had
bees a holder partly iu his own right aid par Cy as trustee
of 92 sheen, in the company. applied for a
discharge 01 the order of January, 1318. The motion by
desire of his lordship was beard before the Master of the
(Lewd Langdale), who stated publicly iu court that
his advice to the Lord Chencellor Wet to r. lose the motion
with costs. (12 (Well'. 41, 13 Jurist, 501) Three days
thereafter the appellant commenced fifteen actions of tree
pan against the censpany. These proceedings acre met on
the part of the company by a motion to commit the appet.
last for • breach of tee iseuection, and to restrain him trona
proceeding in the actions at law, or any action in relation
ba the cooylvilii premises. The appe tient made a era's
folios to take the calumny's bill off the file. The latter
Pod Jam. 1819) was refused. this Honour the Viet-
thaneefiur at the game time rehired to commit but granted
the injon. tion. On the 3ilib of November, 1849, the ap-
pellant
pl .ei d a chain !Kt as the canal, end dug a deep
trench 11,1010, till` towing path in order to impede the
mineatieo. (In the nurien of the company, the Vice-
Clumeller ordered him to be conunitted fur contempt,
and the warrant wee emend by Lord Tottenham. in the
Qat the appellant remained from Ilth January
till earth Jiity, tt.o, when he was ri leseed by consent
on widen. sing net &tan to violate the injunction. ilt
Ina, be rens. niheted that Mr. Dienes the name year 'anemia
*a action against the Lore Cirantellor fur Noise imprison-
ment.) The appellant, eierniquently to his committal, at-
tempted to hive t e order discearged. This was refused,
and on appeal the Lord Chancellor (advisee as before by
the Master of the Rolls) dismissed the motion, with costs.
The appellent now amain' to the Deuce of Lords against
the decree of Nevesacer 18, 1816, and against nine other
orders of the court.
Mr. SolieitorGeneral and Mr. Smithies submitted, in
support el the appeal, that the decree and orders were void
by reason of the pecuniary interest of bed Cottenham in
the sub eta matter of the suit at the time of filing the ori-
ginal hill. Beside., the ease, as eshihited by the pleadings
and evidence, del not show sufficient Remade for the exce-
l:it of tee juristiction of the Court of Chancery.
Mr. Jelin Stuert aud Mr. Llethell, contra, submitted that
the orders acre in strict coefernii y With the ju• lice of the
case.
The ease was argued on Wednee, ay and Thursday, and
the followia. Tee-dens submitted fur the opinion of the
learned juilg. A public company, established for con-
structing a cum', was incorporated, and they bought lame
land for the purpose of making the renal; a person claim-
ing advereelr au interest in such land, fee vered the pro-
perty by ej,-cessent. 'the corporation then filed a bill
ape net the claimant, and to have their title confirmed. The
Lord Chemed:or Tottenham had an interest as a share-
holder in the cidneany to the amount of several thousand
pounds. which woe unknown to the defendard, and he
granted the injunction and relief bought. WAS this a ease
in which the cadre aid decree of the Lord Chancellor were
void on inceuet of his insert et and of his having decided in
bis own cause l" The second question submitted was this
A medic outman, e.tabli-hed for constructing a canal was
incorporated, at.el tney h oight some land for the purpose
of making a canal ; a p. nen claiming adversely an interest
in such land recovered the property by enetnient. '(he
corporation then filed a Lill against the claimant and to
have their title coefirneed. The Vice Chancellor whose
authority is. derived under the 53 (co. 111., c. 24, grimed
an inploction on the reli. f prayed, and he Lord Chan•
cellar who had an interest as a shareholder in t! e company
to the ameent of several thousand pound., which was tin-
known to the defendant, rpm an appeal by the defendant
affirmed the orders mace by the Vim Chancellor. The
order, wi re then enrolleJ, some upon the application of
the deft edent and ether. upon the application of the plain-
tiff. by ...der of the Lord Chancellor. Were the orders of
the Vier Chancellor void on account of the interest of the
Lord Chance Iles? Were the orders of the Lord Chancellor
void on arconnt of his interest and of his leaving decided
kis own cause "
Mr. Baron l'erke read an opinion or the learned judges
to the effect that the late Lord Chancellor was disqualified
from art end pronouncing decrees and orders on the
groune of has personal interest, but that the decrees of the
Vice.Chanerlive wire not affected.
ale Gad Chancellor expressed his concurrence in that
opinion. lie therefore proposed that the house should on
Monday proceed to hear the arguments on the merits at the
ammo' from tee decree ut the Vice-Chancellor.
Lord Brougham concurred.
The further hearing wee accordingly fixed for this day.
BRIOIIT V. IteTTOST—THE JOINT STOCK COlarANlllll
WINDING-Cr ACTS.
This appeal was argued On Teesday, when the followiag
question. were submitted to the judges e e A railway com-
pany was projectedand provisionally registered by the pro-
moter,. A prospectus was published containing a list of the
provisional cuinmitter. The shares of the proposed company
were 10,000 A managing committee was appointed, and 4,1100
shares allotted to different persons in various numbers, but
300 only were accepted by the allotttee. It was ultimately
found to be impractienble to prioure eubscrihere for a suffi-
cient nenther of shares to enable the parties to carry the
project into effect, and it wire therefore, by an order under
the Winding-up Acts, metered that the company should he
dissolved. Aro the previsions of thou arplicable to this
ease t A railway wee projected, and provisionally regio
tend by the promoters. A prospectus was published,
containing a list of the provisional committee, which con-
sisted of mare than seven p nous sppoipted with their own
consent. The shame of the proposed company were 10,000.
A managing committee was appointed, also ecesistine of
seven persons appeinted by their own consent. There was
an agreemeld be the obtaining subscriptions and raising
capital by the provision.' committee and others, in order to
the formation of a company or partnership fur staking a
railway, which snub' not he carried into execution
without obtaining an act of parliament, and fur obtaining
an set of purlieu. eat fee that purpose, and the preparation
of am' sap peens and sections, 4,000 shares were allotted
to different perenns in various numbers, but .500 only were
accepted by the *Bonne. It was ultimately found to be
impracticable to procure subscribers foe a sufiicient number
Of shares to enable the parties to carry the project into
• and it wen therefore bs. o order— - the NV,

a list of the presidium, rewermlitee, which resisted of more
than seven persons appoin•cd with their own consent,
in which peewee:etas it was proposed to establish
a railway with a capital of 2,000,0004, in shares
of 251. each. A meeting ul more than seven of the:person:
whose names had been ii..ertrel in the prospectus s. provi-
sional committe em. n, tend also a niane2iiegrenntithe were
appointed. each C011.:WM..: 01 more than sees n pereens numi-
Dated with their owl. consent. At that meeting it was re-
solved to establish the company as proposed by the proepec-
, tun for constructing the railway therein mentioned, and to
apply fur an act tat parliament to establish such company,
and to procure the necessary plans fur that purpose, 6,000
lahnres were allotted to different preens in various numbers.,
but 5..0 only were accepted by the allude.... It was %ski-
=Ugly found to he impracticable to procure subscribers fur
• araMcient number of shares, to enable the parties to carry
the protect into effect ; and it was therefore by an order
ender the Winding up Acts, ordered that the company
should b., elimeolved. Are the provisions of those acts ap-
plieehle to this cats ?
Mr. Benin Parke de livered the opinion of the judges
that this company fell within the meaning of the winding-
up acts of 12418,19.
The Lord Chat Mine wan also of opinion that the aseocia-
tion Caine Wider the nets.
Lord Brougham said he had entertained a similar opinion
two yean also, r hough a difrPrent view blot liven taken by his
1101,:e and learned trend the late laird Chats eller. All
doubt was, however, now removed by the *Mon of the
learned judges.
The further hearing of the impel! on the merits will be
proceeded with the. day. We therefore postponed a more
detailed report of the facts.
Etwele. r. Tres Ciiill•any 01, Plioettle Wel TIIR
1111011:Mill.%11 CANAL NA% liiAlloNs.—WAT Mt roWEll..—
l'oriter.Ve•TlON.—Jt tonettee.
This was a writ of error from the Court of Exchequer
Chanther. It was an fiCtia.ll on the case brought by the
now plaintiff against the now defentants. The utels-
eaten stated that the plaintiff was the proprietor and
occupier of a certain mill, forge, and works, called
Elvrell'e Forge, in the perish of Wedne sbury, Staf-
fordshire. That, by remorse of the erecting, making,
and wino by the defendants of certain water engines
and other works, under the provisions of the act 5 Will.
IV. e. 31, and the acts therein I...leered to, he had sus-
tented and continutel to sustain suet would ...stain great
injury and autistic on his said mill forge. A writ of man-
damus was directed P. the de I:nebula to ivioie a warrant to
the sheriff commanding hint to impanel, summon, and re-
turn a jury according to the provisions of the act.
The detendauts refused to obey the writ and
rturned tied the plaintiff had not sustained damage.
'I he declaration then alleged that by resets, of such
refuse! to obey the writ and lase return, the plaintiff had
sustesiued damage in losing los compensation under the act.,
and incurred remorse., in proeecutiug the said minima"'
to the plaintiff'. damage of 10,1114.0. The defendants jelseded
not guilty, and seeondey that by teason of the erecting, mak-
ing, or using by the defendants of the said water engines.
and other works in the declaration mentioned, the plaintiff
Intel nut sustained, did not sustain, nor would sustain any
injury or damage in his said mill forge and works, in re•
sect *whereof the defendants ought to make compensation
sir satisfaction. Upon the •rial of the cause a verdict was
found by consent for the plaintiff subject to a special Cane to
be stated by an arbitrator. who was to state any question of
law or evidence for the opinion of the Court of Queen's
Bench, with liberty to either party to turn sue le special case
into a special lerdirt, such MMe and verdict being subject to
the control of the arbitrator. By a special re riiet the pity
found that the plaintiff was the proprietor of the forge
situated upon and partly worked by the water of the river
Tame ; that the defendants were a body corporate under
the statute named, and owners and proprietors of certain
linen of cared called the Birminehan Canal Navigation,
particularly of three several lines or levels proceeding at
different elevations from different points towards Birming-
ham, the highest of which is called the " Wolverhampton
level," the middle the " Birmingham level," and the
lowest the " Waluell level," all passing across the valley of
the Tame above Elwell'a forge and between lelwell's
forge and the principal mime or sources from which the
water of the Tome was supplied. The Wnlverhammon or
upper level was most remote from and the Walton or lower
level thee nearest to Elwell's forge. Upon the bank
of the lower or Walsall level nearest to Elwell'. forge,
certain flood-weir. were made, supported, and maintained
in pursuance of the provuens for that purpose in 5 Will.
IV., e. 34, s. b 6. The water flowed over the flood writs
whenever it rose in the level above the level of the weirs,
and thee ran into the Tame above Elwell's forge. The
three levels were cuunecteel by a series of locks, through
which boats were cuiedantly passing ; in consequence of
which large quantities of aster from time to time flowed
from the upper and middle into the lower level. Connected
with tae Weer level at a place called (Mier-bill were four
steam engines, the property of the defendants, used by them
in pumping water out of the lower into the upper level for
the purpose of supplying or retaining in the several levels a
sufficient quantity of water to resider the levels navigable.
rut of the water which flowed from the upper threugh the
middle intq the lower level on the pacsing of boats through
the said locks was pumped back spin into the upper
level by means of the engines; and in consequence
thereof, the water in the lower level (except in occasional
times of ilued) war generally preveated from flowing over
the weir. and running into the Tame above Elwell's forge,
as it otherwise would have stone, and t he plaintiff was
thereby deprived of the benefit he would otherwise have
derived from the water so flowing over the weirs. The
kith section of the act upon which the plantiff relies em-
powers the defeuelants to raise the water from one level to
another, and fur that purpose amongst others, to use such
engines or other machinery as they shall from time to time
judge proper, making full satisfaction fur all damages to be
misteined by the owner or occupier., or other persons inte-
rested in any mills, forget, &c. The special verdict then set
est section lid (which wax the clause mainly relied
upon by the defendants in the court below), which provides
that the de fondants should, at their own costs and charge.,
support and maintain certain flood weirs of a certain height
end widtl., and upon certain specified parts of the said
WWI. so that all the waste and superfluous water arising
Gem or running into the lower level nut required for the
wpm. of the act, should be turned and conveyed into the
river Tame, in certain specified courses and directions,
at *Keith d points, higher up the stream than Elwell's
The plaintiff gave three notices of damage and
raimfor compensation under eection 32. The first was on
Mil July, let 8, the second on 22nd January, 1839; and
the hat on 20th April, 1839. In the last of those notices
be claimed compensation to the amount of 4,000 e. for
damage sustained, and 10,0001. fur damago to be sustained
by him, by the user of the said water engines.
The special verdict then enumerated several eifferent sources
of water from which the canals had been sup•lied. The
damage' were by consent, moused at a nominal sum of
10,11001. to be ascertained by the arbitrator, in ease the
plaintiff should be held entitled to judgment. Judgment
harem been entered up fur the defendant.; in the Queen).
Bench upon this special verdict, the plaintiff afterwards
sued out e w rit of error in the Exchequer Chenille r. That
court on the sth of February, 1850, affirmed the judgment
below, on the ground that the 86th section of the act
showed that thee plaintiff bad no right to have any water re-
quired for the purpose of the act flow over the weirs
in that section mentioned ; that the water fur the
lois of which he sought compensation was water tequired
for the purposes of the act ; and therefore the pumping
of it up and net preventing it from flowing over the weirs
was not an injury or damage within the meaning of section
16, and the plaiutiff was not entitled to compensation under
that election.
The Soliciter-General and Mr. Denman were for the
plaintiff in error ; Mr. Whateley and Mr. Phipsou for the
defendants.
The house now gave judgment, affirming that of the
Court of Exchequer Chamber.
EQUITY COUHTS.—SATURDAY.
Litt t 1r cookwitillt Gums. i
TUN. WWII/ Taunt ILIIILWAT V. BRODIE.
His Iluieoir gave jaelgusent in this ease, and said : The
till was turd by a sherelielder, on behalf of himself and
the other shareleulder, against the members of the preen-
*Marl committee send the secretary. The company had
been hauled m lels. The plaintiff had taken forty ahem,
said land the etepusil. of two guineas per share upon them.
lateen.; the cotnpany holed, and a resolution war come to to
repay a dividend up-ate the deposits—first, of one guinea per
share, and II blawl4ol.llt dividend of half-a-crown per share.
The die skied of use guinea was paid through Harman, the
then cemetery of the tumpany, by means of cheques ge
ne-
rally, but in some cases lie received the cheques and paid
the dividend it, each. It was subsequently mend that thee
dividend was pale' upon 1,490 shares which had been I raudu-
lently issued, and this was paid by 24 cheque., amounting
to 1,51.tuf. white were thus paid to Harman's amount.
Two litiared Wiens lead also been reserved fur the prove-
eional committee, and the dividend was paid also upon these
shares, although uo deposit. had been paid upon them. The
hill prayed that certain members of the provisional com-
mittee or the Seer. troy Harman might he ordered to repay
with interest the said ewe of 1,5001., and the dirideed on
the 200 shares, and all Alice moneys belonging to the cum
pony, which had been retained by !farms n, and that all
net. wary accounts might be When, and that the defendants
might woke bond all hoses arising from the breaches of
trust committed. The bill had been filed in Deecalber,
181 e, and alter the answers were out in an order was ob-
tained under the wording-up acts, and an official manager
appointed, who by an order obtained in July, 1849, ob-
tained leave to prosecute die suit. Two gut:talons inde-
pendent of the me rite of the cue had been raised, first,
wheedler the or gine' plaintiff could have maintained this
suit and, e. (emelt'', what was the effect of the order under
the winding-up set? It appeared flat the plaintiff had de-
posited hie scrip with a mortgagee to secure a sum of
money, and when the dividend of a guinea was paid, the
mortgagee sent in the original certificates and 1,-
ceived new onee, and again when the half-crown
wee. paid, these new certificates were again sent in,
and he Piped a memorandum, the slice. of which
was, that in consideration of such payments, the
shareholder released the provisional directors from any
further Bahl ity. There was therefore a new contrast
entmil int.., and the bill did not seek to act osier that eon-
tract, but preeeedeel on the ground of the pluintitrs right
receive a further sum. Assuming that the shareholder,
hail entered into this new contract without knowledge ei
the fraud winch had been committed, and that the dirtiness
were guilty of the fraud, even in that cue the new MIAMI
Must, if interfered with, be set aside in toto. This defeat
might have been got over by the original plaintiff offering
to give up what be hail received under the new contract,
but he could nut bind the other shareholders, for whom he
to sue, to adopt the same coarse. He (the Vies-
. •..

skeet, , by au tin;ier r•
up Acts, ordered that the empanyehould be di lead"! C"hasee"le'llo.ri le—ht thgerefore on this a ithela mad
the Provision, or they' seta 'nimble to this ease A not have been asaintat' 'sad by the origtaal• gmpinaintiff. Ills 4111
241the"YroulowneMPani."IPpgvsnieet•dpoltaisturopublwaszvisionall minima. not think the easel wager could be in a better pretties
be rested his rase apes the Uri entice of the