The Express.
London, England, 1852-04-20 00:00:00

THE EXPRESS, TUESDAY EVENING, APRIL 20, 1852.

tabu ilittelltgence.

HOUSE OF LORDS.—YEntanAT.
Amass wow sus Omar or Swim. n 1 nwoso.—Ehroas TO
LORD CIARNMIA.OII, LOUR DROOL ULM, LORD LITIRLDIR, mon LORD
IRSDRAD
ANSTOUTHILII V. TO; EAST Or Ewa RAILWAY COX-
PAN Y.—Assas ISONBIANT OF 13C111X1.-1/ITILUICT.—.I COO.
MST.

Thu waa an appeal from a judgment of the Ant division
of the Court of Sexism, refusing a suspension and interdict
to restrain the railway company from carrying out a reso-
lution for the total abandonment of their projected line of
railway. The appellant, Sir W. C. Anstruthsr, hart., is
the proprietor of lands in the county of Fife, which were
proposed to be cut up by two competing railway projects of
the year 1846. Ho was likewi.e a member of the provi-
sional committee of the East of Fife Railway Company,
which received an act of incorporatioe from parliament in
July, 1846. The shareholders, however, resolved not to
proceed in carrying out the powers conferred on them by
statute, and ultimately to return the surplus capital paid to
the shareholders after deducting the expenses incurred.
Sir W. Anstruther objected to this proceeding, and unsuc-
cessfully applied to the courts below to restrain the direc-
tors from carrying out the resolution.
Mr. ftolt and Mr. Powell, in support of the appeal, sub-
mitted that as parliament had granted powers to the coos
pan yto construct a particular line of railway, the company
could not now abandon the undertaking without the con-
sent of all parties interested, including the landowners
whose property was affected, or without the express autho-
rity of parliament. There was a special agreement be-
tween the appellant and the respondents, which would be
contravened by the absolute abandonment of the under-
taking.
The Lord Chancellor, in moving the judgment of the
house, detailed, at length, the facts of the case, and ex-
pressed his opinion that there were no grounds to support
the application for a suspension and interdict. The judg-
ment below was a correct one, and the appeal must there-
fore lie dismissed with costa.

EQUITY COURTS.-YESTERDAY.
Banns Vtes-Ocutctitea
MAC/MIDIS D. LINDSAY. _

This was a demurrer for want of equity, to a bill filed by
the plaintiff as a shareholder, against the defendant and
others as the directors of the " Eastern Archipelago Com-
pany." The hill prayed that the use of 3001., which the
plaintiff had paid as deposit and calls upon 100 shares,
might be returned to him, and that an injunction might be
granted, restraining the directory from making any further
calls upom him, and from entering into any trashier* in
respect of which he might become liable, sod that they
might be decreed to indemnify him against any liability
which might attach arising out of contracts into which they
had already entered. The bill stated that the Isle of
Labuan, being part of the possession of England, and Sir J.
Brooke having obtained from the Sultan of Borneo a grant
of the coal mine* in a certain district in that island, either
for himself, or suck person as ho should nppoint, a charter
had been granted on the petition of Wise, Melville, and
Anstruthcr, enabling them to form a company, to be called
" The Enter's Archipelago Company," for the purpose of
working the coal mines in Labuan and Borneo. The
charter provided that the capital of the proposed company
should amount to 200.0001, and that one half at least
should be subscribed for, and one quarter be paid up,
within twelve months. That within the same time a deed
should be entered into dividing the capital Into shares, and
containing the usual provisions for management and disso-
lution, and directing that business should not be com-
menced until 50,0001. bed been paid up, and reserving
power to the Queen to revoke the charter if the provisions
were not complied with. The bill then alleged that though
the names of Wise, Melville, and Anstruther were used,
it was never intended that the two latter should have any-
thing to do with the matter. But a lease was afterwards
granted by the Queen of the coal in Labuan, and by Sir
James Brooke of that in Borneo, the intention being that a
bond fide company should be established, but that
Wise deceived the government and intended that
the whole advantage should accrue to himself.
That in .puissance of the same object he in-
duced the other defendants to enter into an agreement
with him, dated June 1848, by which, after reciting the
grants to him of the coal in Labuan arid Borneo, and his
own great exertions, he agreed to assign his intereyt to the
company for the period of 20 years en consideration of re-
ceiving the sum of 6,0001. and being made a director irre-
moveable, except upon further payment, and of being paid
en annual sum of 3,0001. and recessing 100 slimes, the de-
posit end calls to he paid out of the funds of the company,
and of his receiving, by way of salary, 2 per cent. upon all
the dividends and bonuses paid, with a previa') that he
should not receive such per tentage when the dividends and
bonuses did not amount to 73 per cent. premium and that
his salary from such per eentsge should not wok 1,8001.
in any one year. A deed of incorporation was afterwards
drawn up ratifying that agreement, and the plaintiff had
signed it in respect of le drum A seediest, was after-
wards signed by the Board of Trade eertifying that the re-
quisite amount of capital bad boa Judd up, and the
company shortly afterwards cammasnesd Winn. The bill
then alleged that the plaintif had bon Wooed to became
a shareholder, and to emirate the deed upon the hitit that
Nan lied
every thing required by Ma 'horny bad beat
with. But that he bed Whey father in the
affairs, and discovered that the emellicate by the
director,, as to the meat of warm/ weaned In and
paid upon* false ; that Midvale and .4anarsther bad arm
signed the deed of settissasatj MO as Aispy of the deed
had been traemitied to the DOOM of Tends within the
your ; anti ffnit aped pet
asp
t et the resser of capital whish
was paidhod lima pull after the inction of year
that oho espies of the balance sheet submitted to the can-
;
pany from time to tins had not been amen copies, and
that it would be altogether impossible to sorry en the re-
posed badman with the aqu al of dr se ,
_sal that
many of who had ealearibed the deed hod dam so
under es agreement to rat/ander their 'hires to the di-
restoss.
Mr. Ilmessll and Mr. Frceling appeared he wiper llthee
demarricrerset fa by the directors, and Sir Wm.-Pegs coed
in of a separate demurrer by the osmpany. y
eon tended that taking all the allegations as true, thin was
no ground upon which the court could Interfere. That
supposing the agreement was unfair or improper (which
under the areimbr see dry relalabri IS wee not), still
as the plaintiff had ereereed • deed radrybsi it, he could
not complain. Thatmpaing the emmlitisms onwhich the
charter was granted iIY boss lesben, that the remedy was
to get the charter renelosi by Ile news, sad until that was
done, a single esepware end' Dr withdraw himself. That
all the diadem mind Is he pronedings of the directors
in respect 0 their to trade before the proper
time, wars me Men width be gist into at a alettlOg
of the @berkelium lAA Is asset nee with the provisions
of tins deed. Tbry den earraild that the bill was defer
ties for wart of yard*, sal Ore all the shareholders should
be toilw the egad. _ _ .

lb. Reit mad lb. in rapport of the bill,
ud seeteeded bet then=l.7laby the plaintiff stipu-
lated list the beers. dwell eimmemeed and carried on
eseirbowe with the teese sf be dotter, that that was
new lenywrible, end the pidettlf yes thieeftwe entitled to
relief ; that the defter bed bees 'Weed by hand, and
bet all seeweary perdu wen begin the end.
The arguments were wet modedell lobos Os seat rose.
-0-en Jr Pass.

...........,........... --
IN TES KATTSS 01 TKS WINDING-0T ACTS AND or
THU MIDLAND UNION, 1101TON-DPON-TKINT, AAKST-
DFLA-ZOI/Cll, AND LNICSSIIIS RAILWAT CO/SPSKT,
/LI NOZSUILT'S RIIPSNSEXTATITS:

:iipleiwiiii—Z7l74;;;;ii remember was
mimed an Pnisy hat by Mr. Zaheamm who appeared for
Mrs. HA the itiamsmewis MILL NnYi in support .1
the maim sod Mr. Bozbergit, who approved for the ca.
day
dal Wiekrnniple ise.
, aphid it. The matter stood over until to-
desh
VionChancslke pew Adhered
whir udemsaL He
mid Man e was Intel opine asMsetar
Timmy, who hid SIMI ea the list malsholedes the
name of tbs. Hill, the administrolais of Mr. Neeliery,
awl the a.aetY. the seen hal to deleiman wee, whether
Mn. Lif was • party in inide Se asstribute to the
of the dein and lieWMYe oldie emempsny. The
NOS Wise the Moles was mann, Ist IMO lakes hod
te a peopeely
Me
memirmisn, mg Km= led beis
pissed ea Me list if modribeletise. The ew em
listed of panne Min esoilmyieled ibmatin of • rail-
way employ, hot the wire we ehmilened beim any
great nevem was mei. _The ma wee bomb by In
anthseine end by the see es Mad op. whin hed in.
eirmind. to ammo flat Men was • essaysny I. wind up
▪ the means of the IVIV Asti et HIM and
1849. Innis amo, • somempes possem bed Need
esemmilim s Ms of yams. et whom
rhs. =os smAtemed themeyommlo ste esdimeittes eimmoyemint.
Thatommillseem la the mool
the we=
oolioye kr Ito poe m if nimemems
=asm fte the iblowihm of Se a mpary.
Orders lII= the lemma pawn M them most-
lad% sad mise Midst amain
F a
nesse Wen iesereed,ermarriines rellesteg to the m-
-sil 101 ae Ono sessliege Mete enand. Mr. Ninon
wink sondem at some of whisk orders wen
Ifivalti
of winkespeases were issued. Al en ameting
of the committee of smagemeas, Mr. Viewelles was ap-
pellant mynas of the ammusay, and he was anted is
mike the mow assessary os • yreilminry to an @ppm
tin es pediment, and • alnet. wee onsered mime the
remelelime to thet seed. Mr. Notherynilirsionlieinanet at
that asslits, but he was present at a
on the Ma ef Onebor, MO at whin the win:sell
Mr. Vignellee as mentor Wes • Mort
to the of his surrey was
in lo Is nand
relowtme, Gni to be advertised in the payers by
Za.aliesnr, the soomemy's solicits. In of Ms
=l"as soginser, ILL as an motion
Ims ampeny, which was by Mr. Ban-
ter, who paid 1.11111. in full &snow et Me &M. Thb
nos if 1.1•01. wee Mill doe to Mr. aMeAt. and ids
Mower
m
amidur saltiest ie no
te pew
crael Mb payte men. the moon in Mr.
ed.
dles, and wit nree was pospody phi by Mr.
Beater in satbfestion Of the Min, -was • debt of
the company within the witathog et thewinans, Mts.
But tha question wee 416—eres Mme Nemeth Whin Mr.
Norbery was bible r eantribute ? Lad Crenwerth very
distinctly Meted the law as to this in Carrick'. ease
(I S. N. 8., a). less which his Honour read a long en-
tree*. Ms Mame presseded—lt was ueaihl.l. this am
that it mil met be amid del Mr. V MU hed boss
Mama by the seder et Mr. Ninon ; bet the ponies who
pave thet seder won surely entitled to say to Mr. Barbary,
that 6,444 had been incurred under an that
Mr. Norbert wee band to contribute tales with them.
Ten persons, ths eannime el fit, met
fromfrom time to grit ressiolkme at one mottos won
at • solenwoet Wan wit all thus gentle-