The Express.
London, England, 1852-08-05 00:00:00

THE . EXPRESS THURSDAY EVENING, AUGUST 5, 1852.

RAW iintelligence.

HOUSE OF LORDS.
BILIONT O. HUTTON.-MUTTON V. BILIONT.-RAILWAY
LIANILITIIII.-OPINION OP TUN JUDWIII.

We het week published the opinion of the judges in this
inggsgagag nag aggled by the House of Leeds lain month.
ea es Ogle extent of the operation of the Joint
BMA Wiadliagitp Act acts. We now give the
on mg milks esbasitted to and given by the learned
=as Ibe Mb of June, on the question of law as abet-
. Bufsbirs liability. The deeision was one of much
insperannee, sa it virtually sat aside the previous decision of
the Mae in. illattra v. Upheld," one which surprised
' the whale legal grediesiew.
Ties judges present were Mr. Baron Parke, Mr. Baron
Abiggeres, Mr. Justice Coleridge Mr. Justice Miele Mr.
Judas % Crean. Mr. Baron Plitt, Mr. Justice
Mr. Baron Martin, and Mr. Justice Cramping.

42011STION SUOMI/12D TO TUT .1 ODOIT.
Is the 1815 a railway lIIIJOOT was provisionally
npislsseiipanuant to the statist* 7 A 8 Vic., cap. 110, in-
Re,
aided " Au Au for tho Incorporation, and
Retrehttles et Joint-Stock ." An act of parlia-
ment wee atemery to authorise formation of the oona•
party and the eeerying into Jest its objects.
The espied of the preposul semputy was to be 1,000,0001.,
divided late NAN aline of 2ii. sash, upon each of which
sham ft yes psepesed that a &peat should be paid upon
the allehmat Owed.

A pesopestuo, registered 2 Sept., 1846, wu printed,
published, and cireelatei mama the public by the pro
motels of the said campy, osataiedag the names of divers
persons, sag @lnapt spa ghat of A, u the provisional
oaaralltse Odes sthl *enrol/.
Oa thi of Othstsse, 1846, a meeting of gentlemen was
held at the aka of the said company, at which a mei.
sional ossaosittse, of which A was one, and also a committee
of of which A was not a member, were
MIA usolutiou passed to the following effect,
that ties prospectus issued as that of the provisional
ecemmittee then read should be approved and adopted, and
until an act of parliament should be obtained, the affairs of
the company should be under the control of the managing
directors, to whom power wee given to allot the shares, and
to apply the funds of the company in payment of all the
*spumes incurred in its formation, and in the preparation
of the plans and sections to be submitted to parluiment.
A was not present at the meeting of the Bth of October,
1845, but it la stated in the report of the official manager
that it appears, from the books of the company, that a copy
of the proceedings and resolutions at that meeting was fur-
warded to each of the members of the provisional com-
mittee.

On or about the 14th of October, 1845, A received trim
the secretary of the proposed company a circular letter of
the 10th of October, inf • him that 100 shares had
been appropriated to each member of the provisional com-
mittee, and on the 14th of October, 1845, A wrote to the
said secretary • letter in reply to the said circular letter,
stating that he was willing to take the 100 shares placed at
his disposal u a member of the provisional committee. On
the 18th day of October, 1845, the said secretary sent A
the letter of allotment of 100 shares, and he paid the de.
posit on 100 shares allotted to him by the said letter of
allotment, bat he has paid no further sum on account of
'the said company.
Thirty thousand shares only of the 40,000 of which the
company waa to consist were allotted ; the deposits were
paid on 3,000 only ; no act of parliament was ever applied
for to invest the said company with the powers necessary to
accomplish its object, and the undertaking wee wholly aban-
doned.
_ _

The committee accepted, and took upon them- I
selves the and duties thereof, and expenses to a large
amount went Lammed by them in and ab3ut the forma-
tion of the eompany, but A did not authorise the incurring
of any such expenses, nor was he present at any meeting of
the said company.
Do the facts above stated afford sufficing evidence at
law to 'moot • verdict that A is liable to a creditor in
the employment of the managing directors for work done
atorseary for obtaining the set_ oT parliament ?

The bankrupt was examined on this point, and stated
that his principal loss arose from the detention of sundry
cargoes of coals which he had ordered, by adverse winds,
and on their arrival the !Dirket had seriously fallen.
Iliallonear said the certificate would be of the second class.
In the course of a few days he would consider whether he
ought W tunes to it a coudition requiring the furniture to
be given up.
Is as W. aCD F. I'. HOILYN.
. .

The bankrupts were surgeons at Cambridge. This was
the certificate meetingf Mr. Linklater supported. There
was so opposition. The joint debts were mall, and the
meets suMcient to produce a good dividend.
His Honour, observing that the book-keeping had been
comparatively good for sargeons,granted a second class certi-
ficate in each case.