The Express.
London, England, 1863-06-13 00:00:00

tato intelligent.

•
BAIL COURT.—JurNe 12.
Sittings is Basso.—(Helen Mr. Justice Mellor.)
THE 441311:311 F. TIN DINS OF OOUIT HOTEL COMPAIIT.
In this ease, which acne before the wart yesterday, Mr.
Jun'ttee Mellor this morning delivered judgment. tits
lordship said that be was of opinion the shareholder was
not liable to the call until after notice spedfying the tame
and place of payment, and that the defeedanta were not
justified in refusing to register the twister. The call made
in April, when the exigencies of the company did not re-
' quire it, did not make Mr. Rudolph indebted to there, and
if the power claimed by the defeedasis existed no transfer
of &area could take place. The judgment of the amid was
that the transfer of the shares ta question should diae from
the tune when Mr. Rudolph paid the 10.. balance on the 11.
deposit.
Rule absolute accordingly.

COURT OF COMMON PLlAB.—Jame 12.
Sittings In Banc?.-411efore..Lordpbief J?atice Erie, and

Jaws Wilke sadltyks.)

LOSISDAT O. 1&0011.11.--CONDISIONAL ilOlllBl TO MAIM.
The plaintiff iu this case, a widow lady about 50 years of
age, sued to recover damages for a breach of promise of
marriage, and the case came on for trial before Lord Chief
Justice Erle, at Warwick. Oo that occasion a good deal .of
oral evideace, and also a great number of letters, were pat
in ; and kis lordship formed the opinion that there was no
absolute promise, but that the lady only promised to marry
conditionally upon • settlement being made upon her.
After a good deal of discussion, the terms of the settlement
were not agreed on, and the match went off. The jury
adopted the view taken by his lordship, and they found for
the defendant, upon the ground that the promise was con-
ditional, and that the terms of the settlement had never
been agreed on. Subsequently • rule was obtained for
raew trial, upon the grodnd that the view taken by the judge
Aid jury was not suptiorted by the evidence. The question
now wee, whether this rule should• be made absolute ; and
upon this a lengthened •rgumect was addressed to their
lordships.
The court ultimately held that the view taken at nisi
pries was correct.
Rule discharged.

COURT OF BANKRUPTCY.—JuNs 12.
(Before Mr. Commissioner Holrayd.)
in 111 ALIT 4i11141111T.
The bankrupt wea a wine sad spirit merchant, of Upper-
street, Islington. This was the sitting for eternization
and discharge. Against unsecured debta of 17,4591. there
are saute which us expected to yield a dividend of 2s. or
2s. Bd. in the pound.
Mr. E. Reed opposed for the assignees, and asked that
the bankrupt ehotild be prosecuted under the Bth, 9th, and 10th
divisions of the 221st section, on the ground that be had
made away with property with latest to defraud his credi-
tors ; or, if the evidence were not sufficient for that, Hut he
should be dealt with noder the 159th section. The bank-
rupt had been in business for ten or fifteen year*, haring two
places of business. Hie total debts were 35,0001., of which
security was held for about 16,0001. Many of the debts
were owing to either relatives or immediate friends of the
bankrupt, to the extent of about 16,0001.
His Honour, after hearing the facts, said it appeared to
him that the bankrupt was not amenable under the 21st sec-
tion to either of the two charges made by the learned mus-
ed. With reference to the assignment, though there bad
been no great preemie, there had been quite enough to
negative the idea of • criminal prossention. It was op= to
the assignees to take proceedings to set aside the deed.
Mr. Reed said they had done so, and the cue would be -
tried at the next sittings after term.
Hie Honour said that the other ground urW, that of
obtaining goods within three months of his boo •Waptcy, was
not sufficient to warrant a prosecution, as the goods bed
been used in the ordinary course of the bankru badness.
If the assignees chow to take criminalproceedings of Writ
own motion, it was open to them to do go.
Mr. Liskiater, who appeared. for the-baalerupt (after a
coofereoos with Mr. Dimmock, the solicitor for the assig-
nees!), said that they had mpesll? 'that k priettemiwation
of the MOO would be a suaramew of the order of discharge
for six months with protection. • •
This course wu ultimately adopted.