The Express.
London, England, 1852-06-02 00:00:00

dales mg II lima. beiseshig to Asa, were allgtund
the meet formidable podium of the Maatolcia,
*lt amity oppattion of the nervy. In this affair our
enesellass were-1 officer (Ceptela Owe, 43rd Regiment)
killed at the head of hie company, leading them on with the
utmost gallantry ; and 6 mew wounded.
(Signed) A. J. Clams, " -

r•Uenenl.

Sat), intelltattta.
EQUITY COURTS.—YESTUDAY.
llamas RR Loans Jonicas or Anew.
Monne@ a. Hostess.
Sir W. P. Wood and Mr. F. A. Collins appeared in sup-
port of the appeal in this cue, which was from the deci-
sion of Vice• Chancellor Turner, !erasing a decree upon a
bill for specific performance of an agreement for the pur-
chase of Ifi.64ths of a ship. It appeared that the subject of
the contract had become vested in the assignees in bank-
ruptcy of the owner, and that the sale had taken place by
auction, in which the trade or creditors assignees bad been
the vendors. The price agreed upon for the purchase was
3751., of which 30W. had been peed by the purchaser to a
Mr. Phelps, as this agent of the creditors assignees.
The decree was resisted on the ground that hlr,
Phelps, who had received the money, was not
the duly authorised agent of the official assignee,
who was the only person who could give a dis-
chugs. Another ground of defence was that the contract
was merely executory, and that no (ratan had been regis-
tered as required by the Steep Registry Act 8 It p Viet., cap.
89, in consequence of which the contract could not be recog-
nised by the court on the ground of puha@ policy. TM
Vim-Chancellor had refused a decree, ealathrid that
a proper agency was not shown. Their oil lima
the question as to public po.iey being a rotted maiihig
the contract as an infringement of the statute shedd be
argued first, as it would be onnespormry to asgm the lug
upon the merits should their sheiks apes UM peke be
p~aainst the plaintiff. It was tbsa awed he the
ntiff that the contract, though ammofisel lOWa
register of transfer, was not a 'WNW& I rlse pima
statute. Under the old statute suit a webs* would hen
been clearly void, but these somas eselairel super
provisions against executory entre" er eadrisse yes*,
in agreement ; but in the proem gestate a MEM WM-
tion of such contracts was omitted. TM IMOIMMOIO was,
that the legislature intended to exempt ee.h matraets
altogether, and this had been ever since the impreadon of
the commercial world in which such contracts Win daily
made and performed without recourse to a kneel feels-
tratieeof transfer.

Mr. Bolt and Mr. Lewis, for the respondents, were not
ea/led upon.
Their Lordships were of opinion that the appeal should
be dismissed. The clear intention of the legislature in the
present act, as in the former ones, was tc enable the public
to know by means of the register who was the real owner
of the ship; and by means of successive registrations of
transfers to enable them to trace the title from the original
grand bill of sale. The object was one of public poliey,
and that being so equity, in interpreting the statute, was
bound to follow the law. If the doetrihe contended for
were to be upheld, namely, thaw' interest might pass by
• contract vesting in agreement, without a registration of
transfer, the whole policy of the act might be evaded ; for
, by a ancomics of such contracts the property in the ship
' might pis teem bead to hand without there being any evi-
ctions of eweersitip, as far as the public were concerned,
elaspg the origins' bill of sale of the ship. The appeal
would therefore be dismissed, the defendant taking the
deposit.
lerrueas AT WllTTlVArnra—Bavots TWA Lean CrAWCIIII,I.A.

la ri Int 2401211 OF EXOLAXII JOINT-STOCK
BANKING COMPANY Ili
ING-VP Acre.—Twsrza or BK•sn.—COKTKIKVTOKT.

--.1 V DOMINT.

This wes en appeal on behalf of the official masers of
the North of England Joint-Steck Company
against an order of the rice-Chancellor In ht Bruce,
Ambits the decision of Muter never in ex tiding the
name of Mr. Thomas Moire from the list of contributories
to the losses !catalpa by the mow up to the 21st of
hauary, 1847, or other the period lds cerise to be the
holder of forty-eight shares of 111104. malt. The point in-
volved in the present appeal wee • nowise, sal the ease Is
sated to be the representative of • large dem of esseewkich
base arisen ender the winding-up peseeediage adds =Ow-
twine cowpony. The 26th clams of the eampany's dud
provides thee a whenever, by any means whatsoever, say
awes shell beak eslnelly forfeited, or shall be duly end
teeselbeeed le a new header, them sad it sus
net Indere, the respeadbdity el the previous
=so m a member of the eempeay in of week
shesse:shdl On tor as the law lay that Waif allow)
INN e d debeake, and web pukes bolder shall be OW
amerded ettl adeked from al salemegemmit slimy
and k impel et the sum awes. and fredemniat
- ~ame awl peekremese et Ike eneaants, wadi-
code:etatiektiree, sad egreemaes la the deed of settlement
in respeet of the semis shares ; provided, never-
thelass, that nothing in this article contained shall
extend, or be construed to extend, to release the previous
holder of shares so forfeited or transferred as aforesaid,
from his proportion of the losses, if any smitelaed by the
company, up to the period of ceasing to he seek holder
as aforesaid." The 4-Ith clause provides, with raped to
the company's balanee.shect, that "at every lel=
general meetion of the company the directors shell
to the shareholders assembled ouch • balance-sheet a they
are required to prepare by the 69th &Men Onion
and such • statement of the probable ammo a has
to be apprehended from the subsisting wessate el mime
moats of or with the company, end generally of the state
cad progress of the affairs of the nempany up to the 30th
ley of June and the 31st day of Deteinint lareedietely
preceding such meeting, a at. N. ale dam *epe-
eist for the interest of the compemy to be mode public;
mil every such Inience-sheet shall be binding fib *sada-
sive on all the dameholders, their executors, eimbletrators,
led wipe, umbel sew error shell be dierkeeei therein
Woe lie ant half yearly gessed
weakish
we ask error only shall be weiderift
huts of the ease were these :—Me. Helms signed the
deed of settlement in respect of 30 shoes, and he
subsequently acquired 18 other shares. Oa the 21st
of January, 1847, he transferred the r aim
Mrs. Mary Aitchison, having received the tieldenie
or profits, which became payable up to that day. TY awn
of 266/. had been paid by Mn. Aitchison, on eseeme et
calls made under the winding-up proceedings, and it bitt-
ing been sworn that she was unable to make halm pews
ment, the official manager applied to have Rehm% SIM
inserted as a contributory, under the proviso in wens IS—
" that nothing therein should extend. wr le mentimmi to
extend to release the previous holder be.. his properties of
the losses up to the period of his mei, to be &holder of
shares." Mr. Noire resisted an the round that when he
waned to be • shareholdar the mempr ay had not keened
any lasses. Re relied urea the mark el Ike direelen,
mainly upon tire bakawreheele ow kr the yews ea&
Deo. 31, 1848, by which it we modem mew that
there was a profit for that year to 9,7731.15.111.,
oat of which • half-year's dividend of 7321. las. Jul. we
paid ; the other for the year ending .
which it was made to appear that thus was •
12,4211. 10§. 4d., out of 'Wei 14131. 14s. 3d. et
were paid. The Master Menilegod that Mr. Holman
prink facie shown that no hem bid been sentalned when
he eared to be a shareholder. Ile Hower the Vise•Chur
calm said Mr. Hobos was net liable he say loss
inseeeed after be km& to be a ebseekolder ;
the eilMipseibility that Owe keit kayo bees a lea sus-
= Mks he eismi Is la a iisiNer did give
Ake his
melee ea Ike Ilk and that I auk be
crbels=slimadlealekseaspaedi Itioaa,thy enkreet
walks.
Kr. balk Yr. Deka, and Yr. J. V. Prior, is tenet
of the (Metal managers, In of the appeal, contended,
on the authority of 'Et (1 De flex and
to Oka, end I Ken aid kat Hakes wee liable
MENU: keep beened bp iv moscup • lbe period
egbi eiesks In be abeika at Omen K wee urged shot
Ike khan sheik seen aft ems, and that the appa-
lled's were middle twiner Ore Ike company had Mama
as, heavy leak prier te the Met January, 1847. Hadley,
who was the empirring director at the Sae of the
wore in his didevit that if the In bed been Ma=
Toka 1686 fad sok4hare Merged thee as boa
Ilea at Oft Ilme kennel nemesa how, mad Ist s.
r_epreesalelik• Ode is the therakeiden were la iabekere

Mr. irmaill Mom aad Kr. Batas rapported the maw

71; lad Clintellor, ia gililagjalgeraa ofiso
Waft, tie hob of the sm. malt law Imam sow kr as.
tidos wasr voliallsor than was ea losiotalowd Isss loaeral
by the at die time Mt. Haim troodarrai ki
dares, far las woo still %kW ? Tim iligurhil ea
the true immiraodsa of Ito lasi of saillawisat. The olso

of expels Illmithene (7 lie& sad O. 41/), lehereirts at
the slew et the esimeek had se loft ta=saste
quellisiAle that ewe. lbw wee se dealt
se the et Ibwthere. Is the sew, by ties
Soh seeds. the deed, it is eat the Owen
ebell heep pow heap, ae., sod wake ten, Wee,
sal Watemat et the Abbe et the a . There
wags* waft abilthe the weeds et tee
aeMeg meld l better *mei se plisse IS Ile warwiap.
The sews weave required to heaps true assewat d the
affairs et the sespany, wad be eiit eh Is • Wines sheet
to the siwasheliwe at the ireesiel saassispe. The deed ales
wombed Set the hem. it
whisk the sweepay bed
caned ware le be shwa ea die bee et the balms ii• Se.
If the dessidess had dew their dory, lb• lows wed& went
sew sheers behave eseurred would have appeared ea the
beset Ilee him, Sheet, end so difwley eiriseeeve sold
line less leftromkted ea the piesseisa. The 411th
weeks welds diet the directors Ali ealibk the ma-
mma swim& by do Nth, sad seeh a sessinest
et she peabable eweent d the kens le be sppesheaded
ben the seldslieg awasele es opposes* e 4 et WS the
=:27, awl paw* et the date end peons et the
et the emporia up le the
push.`
tlr lens sod the Slid dip et Deseselese imesedkedy
pseeral nestle& es the disestese Enid deter It es.
101 laweest of the empary, he sank public
giFwee therstarie imposed es this. la addition ee the
ewe slated est by the fah eleessownely, te
make a essieneest et Iles peewits adesuet of Ile Imes to
W appesheeded r they were set way Is state the eseseat
et mediae Mom We what woe the psehablities I eel it
war agree* _pevidel, ass every sash belserwsheet
Assad es awing sod wasiesive se WI the sheesisiders
sake wee ewer shield be diseesend Wise the awl WI
yearly weerisi. Dy Ibis dams, deseedise, Ile eserldwell
that the beissebeheele dila woe *twilled woo
ea all the sirsiieliese. elm skims et Ilteiti
wise if topseirees fa lbserder Ned dile print The
10111 *ewe ism* pm** rIS r apt