The Express.
London, England, 1852-07-07 00:00:00

ii0)I-P

Mr. Daniel, for the petitioner, applied that the name of
his client, Mr. Fenton, might be removed from the list of
contributories, upon which it had been placed under cir-
cumstances similar to those in Bright's case, lately decided
by the House of Lords.
Mr. Roxburgh, for the official assignee, admitted that the
caw fell within the principle of Bright's ease, and asked
whether the decision there hod been that the party was lia-
ble to the amount of his deposit, or not liable to anything.
Lord Justice Lord Cranworth said the decision in
Bright's case had been that in each ease the party was only
liable when his conduct amounted to an implied authority
to incur expenses on his behalf towards the formation of
the company. The jutges bad said the question in each
case was ono of fact, arising out of the circumstances.
They knew nothing of the characters of an official manager
Or a provisional committeeman, but looked only to the
question whether the transaction in question could be
brought within the principle of the law of principal and
agent.
An order was then made for removing the name from the
list, the costs of all parties to be paid out of the estate.
IN RE THE E N COUNTIES JUNCTION AND SOUTH-
END RAILWAY COMPANY EX PARTE EDWARDS.
_ . .

Mr. Little appeared in support of a similar application to
that in the last cue. The party had been placed on the
list as aprorisional committeeman who had accepted shares.
Mr. Daniel, fur the official manager. said that alter the
decision in Bright's case, he could not oppose the appli-
cation.
_ The same order was then made as that in the last case.

IN RE THE NEMARE, BOSTON, AND SIMPIELDBAIIe

WAY CONPANY-EE PARTE JOHN WILLIAM S•
- . .

...... ..._.___.
In this cue, an order had been made, referring it to the
Master to inquire end certify whether the cue wee a fit one
in which to make a final order for winding up the company.
The Muter certified that it was not.
The present application was, that it might he referred
back to the Muter to review his certificate, upon the alleged
ground that the petitioner had applied to the Muter to
order the directors of the company to attend with their books
and papers, in order that the petitioner might be satisfied
that certain sums had been duly accounted for by them,
and that his application had been Mined.
Mr. Roxburgh appeared in support of the application;
Mr. Selwyn contra.
Their lordships refused the application, but without cuts.
They said that the Muter, open a mere order for a prelimi-
nary inquiry, bad not jurisdiction to make the order which
he had been asked to make by the petitioner. The peti-
tioner, by proceeding under the 63rd section of the Winding.
up A't, 1848, might have obtained tho Muter's signature
to a summons calling upon any director to attend with the
books, and thus have obtained the information he required.
He had, however, not chosen to Luke that course within the
time prescribed by the act, and thus lost thu opportunity of
inspection which he wished tor the purpose of allowing that
a final, order should be made.

limas VICVCIII.XCM.LOR MIR JAMM. PAWL
DR. W. LIALL.B CANS.—RE THR DIRECT ESZTER,
PLYMOUTH, AND DRVONPOIIT RAILWAY COMPANY AND
7118 WINDINO•UP ACTS.

On the 2nd of May, 1850, the Vice-Chancellor Bruce,
upon the motion of Dr. Hall, expressed an opinion that he
was not a contributory of the company, but the counsel for
the official manager having desired an opportunity to add
to the evidence, and to have the benefit of the readjudica-
tion of the Master thereon, his Honor directed the case to
go back to the Master, in order that he might review his
report, and all eats were reserved. The official manager
afterwards determined not to proceed any further with the
attempt to fix Dr. Hall as a contributory.
Mr. Kerslake now moved that this court should give him
all his costa before the Master, and also lairs costs of tie
former and of the present motion.
Mr. Roxburgh, tor the official manager, cited the 103rd
section of the original Winding-up Act, and the 12th sec-
tion of the amended Winding-up Act, and submitted that
these acts gave the Master, in easy such as the present,
original jurisdiction to decide as to cats, and that the ap-
plication to this court could only be by a motion by way of
appeal from the Master's decision, and not by way of ori-
ginal motion, such as that which was now being made.
'rhe Vice-Chancellor said he thought that these acts

placed the question of costs in this cssicin the discretion of
the Master, and that it was plainly the prolwr course for
Dr. Hall to have applied to the Master in the first instance
to give him his eats, and if he had refused, then, and not
otherwise, to come to this court.
The motion was thereupon dismissed with costs.

INSOLVENT DEBTORS' COMIT.—iEBTERDAY.
111,rn4K WOK el,tVI, CnMtti••tmle.
IN THE MATTER OF HELEN Boll).

This insolvent, whose ease was before reported, applied
for a protecting order. She had brought an action for an
assault against Mr. Topic, of the Ciarrick's Read Tap, and
a verdict was given for the defendant. To save herself
from imrisonment fur the costs she petitioned under the
rro•ection Act. It s.as submitted by Mr. Dowse, on the
part of rople, that she could not have a day named, and
the case was adjourned sine die, without protection. Ap-
plication was now made for a protecting order, supported
by Mr. Sargood, to which no opposition was mule.
The Chief Comminioner granted a protecting order.

THE POLICE COURTS.
MANSION-HOUSE.

Mr. James Anderton— Councilman, attended
for the purpose of making a complaint, fur the 'Witt of the
public, against the suddenly •• ed practice of over-
crowding the river Thames steamboats. Alderman Wilson
was in the chair at the time. Several other gi ntlemen
appeared in order to corroborate the details of the state-
ment.
. . .

Mr. Andcrton said it was quite impossible, without par-
ticipating in the danger, for any man to describe the alarm•
log condition of the passengers on the occa.ion to which
he had to call the attention of the alderman. He had come
to the metropolis from Greenwich on Monday evening in
the Arivl steamboat, and the vessel had on board several
hundreds of passengers—men, women, and children—more
than it could have ever been contemplated she would have
had on board at any one time. The passenger 4 a ere penned
together like sheep, and although about 200 left the boat
at London.bridge, and about 1.10 got out, to the great relief
of those who remained, at Blackfriars-bridge, there still
came in too many more than the law could have allowed ;
so that the lives of multitudes bad been unquestionably in
great jeopardy during the brief voyage.
Alderman Wilson said it was generally understood that
an act of parliament had born passed to meet the evil com-
plained of, and he had congratulated the public upon the
existence of such a remedy, which, as a magistrate, he would
be mist happy to apply. lle was convinced that the Lord
Mayor would feel peculiar gratification in dis•iaguishio his
year of office by carryirg into effect the power with which
he was invested in so important a matter. Ho believed that
the act provided a n medy in eases of the kind, but ho
thought that it would be necessary to appoint an officer to see
that its provisions shall be carried into sffeet. He would
bring the matter before the Court of Aldermen.