The Express.
London, England, 1852-01-13 00:00:00

THE EXPRESS, TUESDAY EVENING, JANUARY 13, 1852.

Eat» intelligence.

EQUITY COURTS.—YearsiDAT.
Muesli ima Loans 1 ervem or Arr•ll4.~

IN TM! MATTER Or THZ JOINT-STOCK COMPANIZA
WINDING-OP ACTA, AND IN THY MATTI'S OF THY LON-
DON AND BIZMINGDAM E1T161141024 AND THY NORTH-
AMPTON, DATIDITZT, LEAMINGTON, AND WARWICK
RAILWAY COMPANY, NI PART! GAT.
This was a motion by way of appeal from the decision of
Vice-Chancellor Parker, pronounced on the 19th ult., by
which he bad affirmed an order for a call of 11. 13s. per
share upon the contributories under Class 1 who had signed
the deed of settlement, and among whom /dr. Gay was in-
cludeil. _ . .

Solicitor-General (with whom were Mr. Daniell and
Mr. Cole), in support of the motion, said that thu decision
of the court below was compleiuml of on the ground that
the order fur the eall had been mode for the purpose of
defraying the costs of winding-up the company; and that
the managing committee had received 213,0001. fur deposits
paid up upon the /Mares, for the application of which they
had not properly accounted. It the application
of the sum were inquired into, ho contended that
the committee would he found indebted to the company in
a sum more than sufficient to defray the expenses in ques-
tion ; and that this seemed to have been the view enter-
tained by Lord Justice Bruce on a former occasion, when,
sitting as Vice-Chancellor, he had refused to confirm en
order made by the Master, for a call fur payment of debt*,
on the ground that the managing committee had not pro-
perly accounted for their receipts.
Their Lordships said that as an opinion upon the ques-
tion of the propriety of e call had already been given by
one of themselves, it would be an inconvenient course for,
them to hear the mane question by way of appeal. Tho
better way would be to take the case to the Lord Chan-
teller. Indeed, unless couneel on both sides requested
it, the court would rather decline hearing the case.
Mr. Malins (with whom was Jlr. Swill), for the official
manager, declined to make such request, whereupon the
ease was ordered to be transferred to the Lord Chancellor's
THIS DOER or LEEDS V. EARL AMHERST.

Upon this cause being called on, Mr. Bethell, for the
plaintiff, valet d that it might stand over, so negotiations
with a view to an arrangement beneficial to all parties was
in prorrress.
Thew lordships assented.
livrnpos is 1JPDX.31.9-11111.-ElnIF T1111.1.0/11 Coaxes-ma.

iIAVNT 0. TIAN EANT- A N D WINIT- ;DTADUCT[ AND

BIRYINOM•tt JONCTION RAILWAY COMPANY.
• - - -- • -

This case was partly heard on the 19th of December. It
is an appeal by the railway company from an order made
by his Honour Vice-Chancellor Knight Bruce, for restoring
the surface of land at Poplar, in the occupation of the
plaintilfs, and used by them as a ropery, in terms of a con-
tract entered into between the parties prior to the com-
pany obtaining their act to authorise the construction of the
line. The railway panes, by tunnel or bridge, under the
works of the plaintiffs, and the object of these proceedings
was to compel the company to leave sufficient surface so
as to preserve the level of the repery.
Mr. Malins was proceeding with his argument when the
Lord Chancellor rose.

was bound on signing judgment of revenal to pot in spe-
cial bail; and, as the action was brought for a debt exceed-
ing 20i., be (Mr. Justice Eric) was of opinion that the rule
should be made absolute, as the judgment of reversal was
irregular, no special bail baring been put in.
Rule absolute.

BURINESS OP THR COURT.
This court will sit to-morrow at ten o'clock at nisi prius,
and will net sit in Dance ; and should there be a long cause
on trial the judge will not break it off to go to Chambers as
heretofore, but will remain and finish the cause, and a
judge from the full court will go to Chambers at the usual
time.

COURT OF COMMON PLEAS.—YESTERDAT.
Bernina or Nemo. -Introits Cam Jerrie' Jam% Ya. Junto
Mama: Ma. :fumes CAMMMIRLI... ASU Ma. Jorica
DALUT O. Till EAST INDIA lONE/LANES COMPANY.—
ACTION VPON • POLICY ON TM! LIES OP TM! LATE
DUOS OP CANIHNILLOIL
The plaintiff in this case is resident director of the Anchor
Insurance Company, and he sued upon a policy of insurance
for 1,0001. upon the life of the Duke of Cambridge, effected
by him with the defendants on behalf of his company. The
transaction arose out of the following circumstances : In the
year 1843 the Hew. Mr. Wright effected three policies in tie,
Anchor office on the Duke of Cambridge's life fur the total
sum of 3,0001., and which ho subsequently surrendered to
the Anchor Mike in consideration of an annuity. The practice
of insurance ALCOA Is to avoid a large risk upon any one life,
anl to les% n their liability on the Duke of Cambridge's
life, the plaintiff's office effeeted the policy in the Anchor,
upon which the uction was brought. The deknee we.,
that the plaintiff's office had nut—now that Mr. Wright's
policies had been surrendered—sufficient insurable interest
to entitle them to recover in the present action. On O.•
tnal before Mr. Justice Croswell, at the sittings after
Michae:mas term, a verdict was taken for the plaintiff fur
the amount claimed subject to the opinion of the court
upon the question, as to whether the plaintiff's office had
sufficient insuruhl. interest to entitle them to recover.
. .

Mr. Serit. (Atomicll this morning moved fur a rule to
eater ■ verdict tur the defenduut ur a consult, pursusat to
leave reserved.

Rule nun granted.

MIDDLESEX SESSIONS.-YESTERDAY.

The sittings of the court for the January °corral Quar-
ter Se•siuu were re.Urfled this morning, at the Oui
Wct.ttuinsta, by adjournment from Clerkenwell, before
Mr. tierjeant Adam, (Ae.istma Judge), Mr. Witham, Mr.
Alderman Mom. :old Mr. Thomp.on.
Ililt►RY nY entcuarg.

Elizabeth Ruiner, 13, and Ellen M'Koy, 13, were in-
dicted for having stolen the sum of ill., the money of
Charles Clay Carter, frum his person.
The prosecutor, an elderly man, was a miller, at Malden,
in Ewe, and it appeared that on the afternoon of the 4th
ult. he met the two prisoners in the New-road. Stainer,
who pretended to be in great distress, earnestly soli-
cited him to purchase of her a box of matches, and, being
rather the worse for what he had been drinking, he did so,
and consented to accompany them to a house near the New•
road, which prov.d bo be a brothel. The prisoners had
som. gin, for which the prosecutor paid, but whether he
partook of it with them he could not tell, though he knew
that at that time he had in his pocket a leather purse, con-
taining 14 or 14 pounds, and he left the house within the
minutes of his entering it, not wishing to remain longer in
such company. They left also about the same time, for
they passed him, and directly afterwards, before they had
got oat of his sight, he mis-ed his purse. lle tried to fol-
low them, but could not, in consequence of the drink he
had had, and an injury he had received in the back, and he
could nut swear that the money had not fallen from his
pocket whilst he was in the house. The prisoners got off,
and at seven o'clock on the evening of the same day a car-
penter named Goodey noticed them passing doom White-
hall, and heard Stainer say to the other prisoner, " I've
got three pounds now," to which M'Koy replied,
"You are lucky, but I have more than that." Stainer then
turned round, and noticing that (leaky was listening. said
to M.Koy, " That old fellow is watching us." This ex•
cited suspicion, and he followed them until he met a
policeman, who, having heard what they had said, took
them into custody, and fount on Stainer 3/. 9s. and a
bundle of new clothes, and on M'Koy 91. in gold, other
money, and a quantity of article. which evidently had just
been purchased, and upon inquiry it was found that that
was so. The money found upon them and the sum it was
found they had spent made up the amount, within a shilling
or so, which the persecutor had log. The prosecutor
swore that he took no liberty with either of the girls, and
that no impropriety of any kind took place whilst they
were in the house.

Mr. Poland, for the pri.onens, contended that they ought
to oe acquitted, RA they might have picked up the purse.
The jury returned a verdict of Guilty against both pri-
soners. _ .

The learned Judge sentenced each of them to al: month►'
hard labour.

TURBO ULA it PRACTICR.

Mr. Ballantine then sad he felt it to be Ms duty to men-
tion that a perron, who was then in court, acting as atter-
my for the prisoners, and who had in that capacity in-
structed his friend Mr. Poland, had obtained from a man
named Banks, who It, pt the brothel to which these
two girls had taken the prosecutor. the sum of 101. for the
purpose of keeping him out of the case, in order that he
might not run the risk of being prosecuted an a brothel
keeper.
The learned Judge asked where the person was ?
A person, who was stated to be managing clerk to Mr.
Bhaltock, the attorney tor the defence, wan here pointed out.
Mr. Poland said he had been instructed be Mr. Bhaltock,
and the individual pointed out had acted as Mr. Bhaltock's
clerk.

The learn d Judge having asked on what grounds it was
said that he had remised the 101.

It was tasted that Banks had been in court, but could
not then be found ; and that lb. held a receipt for the money
aigned by Mr. Shaltock's clerk, which receipt had been
seen by the prosecutor's brother.
The learned Judge ask d where the receipt was ?
Mr. Ballantine said it had been sent for.
The learned Judge said he could do nothing until the
receipt was forthcoming, and ordered the clork to be de-
tained in court until arrivea.

Some time suer, the clerk, addressing the court, wished
to know why he Mll.l not allowed to leave.

The learned Judge then asked some questions of him, in
answer to which he said a clergyman, named Brasnell (as
was understood), had instructed Mr. Shaltuck to defend
the prisoners, on behalf of the Seemly fur the Pr dection
of liming Females, and that he had acted as Mr. Shehock's
clerk,

l he learned Judge—Now what do you say to having got
101. to keep Banks away
The clerk said ho certainly had had 101. from Banks to
prevent his being broeght into the case. Ile would admit
having done so.
Mr. Shaltock said he had never authorised his clerk to
receive the 101. fur any such purpose, nor Mcleod for any
other. The person was his clerk.
The clergyman reterred to stated that he had requested
Mr. Shaltock to defend the girls, and had solicited subscrip-
tions for the defence.

The learned Judge then said, after the admission of the
clerk, he had no doubt as to what he should do, and that
would be, to order him to he Wien before a magistrate for
obtaining the money under false pretences.
Mr. Ballantine suggested that the matter might be treated
as a contempt of court.
The learned Judge said he should moat certainly send the
mean before a magistrate for getting the money by false pre-
tences; and he should hove thought an end would have
been put to this system after the termination of the other
case, but he wished it to be well understood that it was the
fixed determination of the court to deal with all these cases
in the same manner, and he trusted that the matter would
be brought before the notice of the Law Society, which
ought to do its duty. If that court as far as it could en-
deavoured to do ats duty in stopping this system, and if
these things were not put an end to, how was it to be ex-
pected that the bar should remain free from all reproach
' The clerk was then removed in custody.