The Express.
London, England, 1852-12-13 00:00:00

ILaW inteitioence.

COURT OF CHANCERY.
The following Orders of the Lord high Chance Ear wire
imueil to toe peblie on Satonlity
The Right Honourable Edward Bertenshaw, Lord St.
Leonardo. Lord !high Chancellor ot Great Britain, doth
hereby, in plirfilltlKO of an tun of parliament passed in the
fifteenth and siate.lith f.-ors of Mir tet,•t t•r her inv.'s.:
Majesty, intituled " An Act fur the Relief of the Suitors en
the flip Cann of Chan .ery," and in pursuance and ear-
(teni of all other pew. is enabling him or that behalf.
order and direct as foilowe„ that is to say,
Firstly. That the Constnis.iiinves of Leland Revenue du
prepare stamps. impressed upon adhesive paper, of the
amounts following, that is to say 't hreepence, fourpence,
eightpenre, tine shillinz and half IN nee, one shilling end
'Ape nee, two shillings and sialrnee, and two shillings
anti eightptere.
Secondly. That such stamps ph dl he atilied by the par-
ties reuniting to use the sane, on the .chum, macho:cot,
or paper, nn which the proneding in respect Wilvf..Jicuch
stamps 1114 be required is written, printed, or or
which may be °leastwise used in /Ckftl3C4l to smelt pro-
steediag.
thirdly. That seer). officer of the Court of Chancery
who receive any document to which a stamp shall be
so Alined shall immediately owe the receipt thereof oblite-
rate or aerate **eh stamp, by impnlsiog thereon a seal to
be presided fee that purpose, but at an not to mescal the
amount ot the stamp from being ascertained; in.! no such
document shall be filed or di livered out moil toe stamp
thereon shall be obliterated or defaced as &fort said.
(Signal) Fr. Laus.taoa, C.
The Right Honourable Edward Burtenshaw, Lord St.
Leonard*, Lord high Chancellor of Or. at Britain, doth
hereby, in pureuance of an act of parliameot posed in the
fifteenth and sixteenth years of the reign of her present
Majesty. intituled " An set fur the relief of the suitor; of
the High Court of Citencery." and in pursuance and execu-
tion of all other powers enabling him in that behalf, ort.er,
sort direct as fllows:
When no certificats of the taxation of a bill of
coat. shall be required, the sal valorem dusty directed by the
order ot the 2sth slay of tte,ohcr, to be levied by stamps on
the Maeter's rertilitate shell theless be due, and shall
be payable on Cie amount ot the billy tase,l, or on the
amount ot such part thereof as may have been timed; and
tbeeolicitur is in imelt cam to cause the proper stamp (the
amount thereof to be. Buret by the Master) to be impressld ,
on or sneezed to the !MI of c sta.
Secondly. The lees hereunder specified shall hereafter
be collected. not in money, but by means of stamps detain-
log the amount of such her, stamped or ;Biped, at the t a-
pease of the parties liable to pry tbe tees, on or to the'
• parclimeat, or paper on *Web the proceedings in
respect whereof such fees are payable ate written or printed,
or which maybe otherwise used in ri latent,: to such pro-
ceedings.
the Registrar's Office.
For omen mush by a lodge in ehambere, drawn L s. d.
up by the It. 1v0r..., the thee fees as by the order
ot the 23rd Oetober, Ibi2, are directed to be
talc. by the chief clerks to the judge for orders
drawn up by such chief elcrks
Second.—in the Record and Writ Clerk's ether.. _ _

For asuendintt every reeord of any bill
For enteorling leery aloe copy thereof
Corks of decimators lett as ezhibits, per folio 0 0 4
(Signed) St. LIONAKDS, C.
EQUITY COURTB.—SATriumy.
iertmll IVO Leap ClLiPtatioYS.
STOXP O. OADT.—I'LIII4IIO...
. .

In this case a bill bad been flied to set asides convey-
ance made by Mr. White, the testator in the cause, to the
defendant o.ihy, on the ground that tiahy was at the time
of the conveyance acting as attorney for White, and that
he was in embarrassed circumstances, and alleging fraud
generally. The defendants by their pica stated that the
testator had by his will confirmed the conveyance: The
court below allowed the plea, and against that decision the
present appeal was brought.
Sir W V. Wood and Mr. Cotterill, for the plaintiff, con-
tended that the plea was no answer to the bill, inasmuch u
the plaintiff had the same equity to set aside the conveyance
although it was confirmed by the will, because the cootie-
Maio& wan rustic by the teatator in ignorance.
Mr. Bethi mid Mr. Prior, for the defendants, were not
called on. - _ .

The Lord Chancellor said he was surprised that the point
had ever been raised, for the elate sauna point had beet.
already decid,d. The testator in this ease had by his will
stated that he understood that those claiming under him
intended to dispute the conveyance, and therefore he both
devised the cotta and confirmed the conveyance. It was
contended that the interest of the testator was a mere right
of entry, and that he could not devise it; bat the whole
legal interest had passed out of the testator by his convey-
ance, and a hat remained to him was no right of entry, but
he sti I reserved the same equitable estete provided he could
impeach the conveyance, ant there WWI no question that he
had the power to devise the equitable estate, and he had
done so.
The appeal was dismissed, but without costs.

ortuos Pla Coeur Ttapaa Ave Va. Junin
WIWI, WAS
HAT V. WILLOUGHBY.

This was a petition filed by the official managers of the
North of England Joint Stork Banking Company, and
prayed that an order might be made giving them, sa against
the estate of the tauten. Thome/ Merriam, the rights of
specialty creditors and not simple contract creditors, u
found by the Master's report. The case came before the
court in August last, when the Vice-Chancellor said the
"ti on ins...teed • legal right, and all he could do wouldbe
to direct an action to be brought by the banking com-
pany ; but that the petition might stand over and be heard,
with the es.istance of a common law judge, under the pro-
visions of 14 red 1.5 Vie. e. 83, see. 8. The question now
came on again before the court as above constituted.
Mr. Holt and Mr. Prior appear d fur the official ma-
nagers. The testator, Thomas Ilereison, was not an ori-
ginal shareholder in the company, but in August, 1848, bad
purchased 20 shares, and had executed a deed of t ler
in respect of d.f them. Ile afterwards purchased mere
shares, making his whole number up to 173 shares.
It was the practice of the company, as appeared by the pe-
tition, when a person first became a shareholder, to require
the execution of a deed of transfer fur a small number of
the share., and not to require any further deed lobe
signed, and accordingly no other deed, except that with
respect to the fire shares, was ever executed by the testa-
tor It was, however, now contended that under the terms
of that deed, and the deed of settlement of the 4881,1181,
the shareholder was in the same position u if baled sae-
rated • deed of transfer in rennet of the wade Mikes of
bit shares. The deed egointa. was mails Woe= the
tracsferror of the shares ef Us lest peel. ihe Mese-
f of the second part, she the film °Meer of the eau- '
pup of the third part, end t.eseesrs.d the sharers walnut
to the covenants, proviso s% Meiblestioss, articles, stipula-
tions, regulsti ins, and aut ememelle eastaiised, red to be
conlitined, in the primate, sag hien or sepollomoscal
subsisting deed of *MUMMA ni M trans delleali few
seated with the tramline% Owl with the Mile
officer, to pay the lastellugUls ripen dle leer
thereby trensferred, and apse W loam. kill. end
keep all the covenants,
regulations contained in thoMaligOr=nt caul
Company, and all the regulatiemehe thethre
or intended to affect holders of shares.
by the directors, either expressly or by •
to caseate& deed of covenants (to be premed Mime
Arne the regulation' of the sgu, we
Weeded egyheneed. clause 32, it was proviSMsit spleen
le weer AWN were waseferreiN if not Wow somewhat
if OW SOW @abject to the provisions of the ant st
sm. sopa di ether shares, should, as to all Adios.
11 opium sad demands un end
ft him Is
111/181eit &DM, b. considered a reesbatt si air
EN, hiss Osdims.
liss of the shares being tuiedlisssit:p
=litiveissled is Mae, het as to =Miff
Olueuteel Iffts deed of Iff
the WA Area it was melded that peewee
here of the waspasy ie ACM elf ellmt alit=
oraiedeetd ameosheee is routs* ef rig lola are lour
furred to Sim ken the alb etas led *lslip*
be residiefil yak le assams tie deed of seihnilmlL It
was wereirare seateefied. at the authority at "Illbeselem'a
ease' (Me N. O. sad De (hm), that the testator, Marrietes,
wee peed. ly la the same podtion with respet to ei the 173
shares, sad mast be eonaidered me having eweleamil the
deed ia respect of the whole of them, and if lei he would
be a specialty debtor foe the whole snout of ens awls by
the Master under the Winding.up Act, amousting to up-
wards of twelve thousand pound.. The Master, however
in the suit to the administrstioa of ilarrisas's estate, bed
iselsaled this claim among the simple metres. debts.
Sir Wm. Page Weed and Mr. Meech appeared fee parties
istereeted uscier the will of the testator, sod admitted that
he meet be considered as a specialty debtor in reap et of
the five shares for which be had signed the deed, and eon
tended that all that was decided by the Lord Chancellor In
Stratton's este was, that a party under circumstance, simi-
lar to the present would he liable u • contributory upon
the whole number of share*: that was not denied in the
present ease. But a specialty debt could not exist except
by some contact under seal, and some breech of that con-
tract dune* the life of the party making it. It was •
strictly legal question not affected by the equities between
the parties. Aimee" and " Nor v. irmeMewe'
(18 Law Joarnal—kschtter), cases Winn, wader W
emus deed, hews oat that view of the are. There it held
that a pence to whom shares descended did sot booms
member in the strict sense of the term so as to be liable to
be sued in mire facia by receiving a single dividend, if he
bad not made himself • member by strictly complying with
the provision, of the deed of settlement of the conpaay.
Mr. Bmsbaw appeared es behalf of the only other fp.
cialty creditor of the testater.
Judgment deferred.
eons, vicinestaeceuee
OUR/AT C. Boovs.-•-COPTIIIOIII.
The farther hearing of this motion occupied the court on
Saturday. Mr. Craig had sot concluded the defendant's
ease when the avert rem.

Baran Inewauseauszos 47C•111T.
MOILOAM V. HOLIORD.

This ease, whiecitad-preriOiery hes. Wool the art.
iiiipied the whole day.
COURT OF QUERN% BENCH.-BATVRDAY.
dream As Mos Pam la LANspow.-11srosa USD. CANtasu. Aim
A 00111111010 AMT.
CAIIXAONAN V. DAVIDsox.—DANAOBs PON ANSAULT
AND FALAI IMPRISONNSNT AT 86A.
This was an asters foe damages twilight against the
miler of the ship John Haim by the steward of that ea-
sal, tie alliged Nes imideponsat Bad oassalik The do-

tuideat phseded a lastihcation, on account of the mutinous
belt &view of the plaintiff.
Mr. Atherton and Mr. Lush were for the plaintiff.
It appeared that iu Febrnary, 1851, the plaintiff equaired
with the def. Want to go in the John Knoz, as steward, to
f;eelong. in Au.!r•iia. When they arrived there, mot of
the mew deserted to go to the diggings. After hating ob-
' wined a fresh crew, the vessel returued to Ragland. On
the way back a quarrel and midis took place between the
plaintiff sad the mate of the ship, Pickard. Ou a subs*•
eequent day the plaintiff was humming a tune neon the
deck. The captain ordered the plaintiff to desist from
making that noise, whereupon be left off and went below.
Notwithstanding this prompt obedience however the cap-
tain and mate followed him, seised him by the hair, struck
and kicked him, and beat him with a rope's end. After-
wards he was put in irons and upon a short allowance of
eating and drinking. There were some subsequent assaults
of which complaint was made.
The plaintiff in his crosacsamination denied that he was
habitually drunk, or that he was insolent and dirty. Some
of the crew were called to corroborate the plaintirs evi-
dence.
Mr. Watson then addressed the jury for the defendant,
urging that the plaintiff had misconducted himself grossly,
and contending that no greeter severity had been used then
what was neee-nary to enforce due discipline on board.
The evidence adduced on 'what.' of the defendant showed
that the plaintiff hail been very often in a state of intoxica-
tion ; that in an adjoining cabin to the one set apart for him
a barrel of rum, which ought not to have been there was
found, to which it sass awned that the steward had evi-
deatly bad access; that on the occasion to which referee,
had bees made, although Carnaghan went below whes Ihs
got there, he was greedy insolent ; that afterwards he am
on deck end violently atrack at the captain ; that on IMO
occasion he had threatened the mate with a knife in hie
hand ; and that the ship's crew, obtained in Australia.leglas
of the very lowest grade, it was necessary strictly to mei&
tain discipline onboard the vessel.
Mr. Atherton replied.
Lord Campbell then summed up, going over the material
pointa of the evidence. There was, no doubt, gteat contra-
diction between the accounts given by the witnesses on the
one side, end the statements of the parties called on the
other. There, however, could be little question but that the
defendant had imprisoned the plaintiff. The question was
whether the justification set up by the former was suf-
ficient.
The jury retired to consider their verdict.
After about an hour's absence they entered the court,
and returned a verdict for the plaintiff. Damages 401.
by as arms' Jests,.
rArATANNI O. OCALOPULO.—THIS UKEEK CAB2.—AL•