The Express.
London, England, 1855-02-20 00:00:00

111 OP PRIM OP WAR.

This was an appeal from the sentence of the High Court of
Admiralty, and raised, for the first time. before the Judicial
Committee of the Privy Council sines the outbreak of the
present war, the important question of the condemnation,
in costs and damages, of the captors of • foreign 'easel, whoa
restitution of the ship and cargo had been assented to.
The Ostase, wider Meeklinbarg colours, took on board,
at Croutadt, in May. 1864, a cargo of wheat, and sailed
from thence on the 28th, bound to Elsinore for orders. On
the 110th the vessel was fallen in with off Varga, in the
Gulf of Finland, by her Majesty's ship of war Dauntless,
the officer of which ship bearded the 0ct..., inspected her
papers, and declared them all regular. The captain of the
Ostsee proceeded on the voyage, and two days afterwards
she was fallen in with by her Majesty's ship of war Alban,
Remy Charles Otter, commander, off Dagerort, when she
was boarded, and, her papers having been inspected, the
ship and cargo were detained a prise for having broken the
blockade of Cronstadt, and sent to England for adjudica-
tion. It appeared from the affidavits in the court below
that on the evening of the let of June, 1854, the Cetus
was eaptured about 24 English miles from Damon, on the
inauside of that place, and in the Gulf of Finland. She had
at **time only the Mecklenburg colours and a small qua-
rutin* flag on board. No resietance whatever was made i
at the time by the crew of the Ostsee, she being a brig of
268 tons English register. Her cargo at the time of her
capture was about 1,760 quarters of wheat, and
it woo proved that her crew consisted of ten persona—
three Swedes, one Pelagian, one Russian, one Dane, and
four Meeklenburgen ; the muter being a subject of the
Doke of Mecklenburg. On the 2nd of August last the
Queen's Proctor, having submitted the cue to her Majesty's
Advocate, offered to consent to the restitution of the ship
en the payment of the captor's expense*, which offer was
net acceded to, and the case was brought on for adjudica-
tion on the 19th of the same month in the Court of Adze( •
laity, when the learned judge delivered judgment to the
following effect " During the seventeen years that Lord
Stowell presided in this court, and administered the Law of
Nations with regard to war, I believe that out of the many
ships and cargoes brought before him, he condemned the cap-
ton in costs and damages 1n only about ten or a dozen cues
—not one in a thousand; and LordlStowell also, as I right
well remember, laid it down ;that he would not condemn
the captors in casts and damages upon evidence given
before him, without giving them the opportunity of jus-
tifying their conduct, and stating, if they thought fit,
the grounds on which they made their capture. In my
own recollection there are only three cases of restitution
with costa and damages. I am well aware that where a
leisure has been made without ostensible cattle or =,
justice requires that the persons making the seizure
make good to the party the lose that may have been eine.
sioned by the capture. At the same time lam of opinion
that this is the extremity of the Law of Nations, which
ought not to be adopted except in cases which imperatively
require the court so to do. NV ithcut venturing any opinion
as to what may be the duty of the court in cues that may
come before it, looking at the confusion that has arisen re-
specting this blockade, and the difficulty commanders of her
Majesty's vowels have in forming their own opinion,
and seeing that cement has been given for the res-
titution of this ship and cargo, I think I
should be going too far in condemning the cap-
tors in costs and damages, and I decline to do so."
This was the judgmeat appealed against, the appellant pray-
ing that the council should report to her Majesty that the
portion of the sentence appealed against should be reversed,
the principal cause retained, and that the damages and cost*
sustained by the owners of the Ostsee, and her cargo, by
reason of her capture and detention should be pronounced
for, and that Commander Henry Charles Otter, of her
Majesty's ship Alban, should be condemned in the damages
and all the costs incurred in this and in the court below.
The Queen's Proctor, contra, prayed their lordships to re-
port against the appeal, to affirm the sentence of the court
below with caste, and to remit the cause.
Dr. Addams and Dr. Twit. represented the appellant.
The Queen's Advocate and Dr. Hayford appeared for the
respondent.
The arguments kad not concluded when the council ad-
journed.

EQUITY COURTS.-FEB. 19.
WOW 171 WYla OP Sal LOLL.
NACHOS V. VILLOW.

Mr. Loyd moved to dissolve an injunction which bad been
obtained in this cue to restrain the defendant from pro.
ceeding in an action for the recovery of a sum of 2,000/.
Plain Wand the son of the defendant are partners in some
mlt works at Matson. Defendant had advanced money to
Ids son, and bad taken a mortgage from plaintiff for 2,0001.
se soonsity for • portion of the sum so advanced ; and plain-
dr. emu was, that his partner was to find the capital and
have three.fourthe of the profits, and that defendant was
only to have one-fourth. He also alleged that fiis partner,
who is an attorney, told him the deed was only a mere
matter of form. It appeared, however, from the evidence
adduced by the defendant, that the deed was settled by
Mr. Cheshire, plaintiff's attorney, before it was signed.
His Honour said it was clear the plaintiff had not stated
the whole truth when he obtained his injunction. It must
be dissolved, bat he suggested that as the plaintiff prayed a
dissolution, a decree should be taken by consent for the
dissolution, and that the accounts be taken.
This was acceded to, and a decree was made accordingly.
WAGON V. ZABTRILN UNION RAILWAY COMPANY.
Mr. R. Palmer moved, on the part of the plaintiff, who
was the owner of certain Six per Cent. Preference Shares,
for an injunction to prevent the defendants from applying
any money which now is or which may hereafter come into
their possession to the payment of any dividend, or in re-
payment of money illegally borrowed, until full payment
shall have been made to him of the arrears of interest gua-
ranteed to him. The Eastern Union Company was incor-
porated by an act passed in 1844. In 1847 an act was
paned, called the Eastern Union and Hadley Junction Act,
which gave the company power to raise by additional
shares • sum not exceeding 100,0001. By another act, called
the Eastern Union and Harwich Railway and Pier Act,
power was given to raise an additional 200,0001. Under
these acts the company raised 300,0001., by 15,000 shares of
201. each, at 6 per cent. in perpetuity. By another act,
passed in 1850, power was given to the company to raise
536,0001. by debenture shares,which were to have a priority
over the 6 per cent. shares. Then, by a subsequent act, the
company was empowered to pay off the 6 per cent. shares,
at the rate of 1091. per cent., with interest at 4 per cent.
from *stuns of the passing of the act. Under this latter
act the company raised • sum of money, and on the let
March, 1854, plaintiff received from the company the
redemption money at the rate of 1091. per cent., with in-
terest from the date of the passing of the act, and be gave
up his certificates of shares, but not the coupons for the in-
terest, which bad not been paid for several years,aad which
now amounted to a considerable sum. The object of this
motion was to prevent the company from paying any money
for dividends or in discharge of debts or interest in-
curred to pay off these shares until his arrears of Interest
were paid.
Mr. Selwyn, who appeared for the company, and had
objected to the motion being heard now, on the ground that
there had not been time to answer affidavits, here offered to
give an undertaking that the company should make no pay.
meat on account of principal or dividends until the motion
was heard.
This was acceded to, and the motion was then adjourned
till the Bth of Much.

mots VICKAANCILLOI al KINN STVAII
IS RZ ZASTRIN COVNTINS JUNCTION AND

RAILWAY COMPART.—EXPARTI RIDDELL.
Mr. Selwyn appeared in support of a motion that Master
Blunt might revise his certificate, whereby he bad included
the name of Mr. Riddell in the list of contributories of the
above company under the following circumstances. In
January, 1851, the question had been argued before Sir,
William Horne, and was twice adjourned, and on the tad
of February, 1851, it again came on, when Mr. Riddell's
name was nettled on the list of contributories, but the
Master's clerk had marked the word " adjourned " instead
of the word " settled," against his name on the list. Oa the
affidavit of Sir W. Horn's chief clerk to the above effect
Muter Blunt bad issued his certificate. It was contended
in support of the motion that the case had never been dia.
iied of by Sir William Horne, and that Master Blunt was
bound himself to have heard the case, and to have deter.
mined the question.
Mr. Maims and Mr. Roxburgh, for the official manager,
submitted that the case had been decided by the Master in
1851, and that Mr. Riddell not having taken any steps to
have his name removed from the list since 1851, ought not
to he allowed at this distance of time to take advantage of a
mere mistake of the Master's clerk.
The Vice-Chancellor said the Master had miscarried in

adopting the settlement of the lief urn the'statement of the
chief clerk of Sir William Horne; tt twin therefore be re•
(erred back to the Master to revise his certificate, but his
Honour declined to allow Mr. Riddell the costa of hie ap•
plication.

COURT OF QUEEN'S
417T1J101 AT II MTN AT ATILDE

NCH.—Fas. 19.
•IRMA LORD CA KM

- - -
AIM A AZICIAL SWAT.

NICHOLSON AND A 14022111 O. 000 CH• - BANKRUPTCY.

Mr. Bramwell and Mr C. Pollock appeared for the
plaintiffs.; and Sir Frederick Thesiger, Dlr. H. Hill, and
Mr. Milward represented the defendant.
This was an action brought by the plaintiffs, as assignees
of a bankrupt named Lodge, to recovev from the defendant,
the official assignee of the Stotk Exchange, certain monies
which, as alleged by the plaintiffs, were paid, by way of a
fraudulent preference, to the exclusion of other creditors.
It appeared from the evidence that Lodge, who was for-
merly a member of the Stock Exchange, found himself, on
the 10th of January, 1853, Al such a position as to be un-
able to meet his liabilities within " the house ;" and he
accordingly, on the morning of the 11th, wrote to the
I iteeretery, informing him of that fact: whereupon it was
notified, by proclamation, to all tho members of the
Stock Exchange, upon which Mr. Goooh, the defendant,
acting se official usignee of that establishment, proceeded
to Lodge's office, and obtained a list of all moseys due to'
hint by mermen of the hum, which altogether amounted
to between 9,001. and 10,0001. This rum the defendant
had rewind, and wording to the rules of the Stook sx.