The Express.
London, England, 1852-07-10 00:00:00

THE EXPRESS, SATURDAY EVENING, JULY 10, 1852.

Law inttlitgence.

his hand, but he drew it in again, to avoid the
erne, and then Mr. Prince began to heat him over the hack
and shoulders with his cane in a dreadful manner. There
were several boys brsides him who did wd toe the line, hut
he did not tall them to keep away from it. lie thought his
toes were on the line.
inspector M'Kensie, of the F division, said that the
child was brought to tho police-station the same night by
his father, and witness saw his bars back, which was dis-
kunst hy six or seven red marks and weals, apparently the
resoles of a very severe beating.
In answer to the charge, the defendant admitted that he
struck the boy several times over the shoulders for refusing
be Mid sat his hand, but be wee not aware of having
beets. him with undue leverity. The fact was, the boy
W one, with others, from the Flagged School, and was
ge=u estrentely audacious. He had a very tide dress'
UM, which be (the defendant) did not think of,
eir he wield have bees man masiderate. When the boys
Wen the usual presisid dress, which was much thicker,
tho beating did set take effect at all. He was placed on the
form by way of peaplusent, and it war usual to apply the
1111111 to their bunk diplitly at soak them.
Theirs,. li. Fenkr, Ole of the curates e( It. Martin's,
gam the dalleedant • geed *master, and a guidiamen, who
stated that be was to the oohed when the punishment was
inflicted (being bineself &beat le asks the memegement of a
similar sebeel la the met of Lamite), gave it se his opinion
that a boy ought to be beams until he complied with the
rules of the establishment and the orders of the master.
With respect to the preemie cue, he did not think the
beating too severe, end should certainly have been surprised
to hear that it produced red marks on the bay's buck.
Mr. Jardine said that the appearance of the child when
the summons was applied for (which was two days after
the beating), left no iambi en his mind that he had been
punished with met improper severity. Ilis worship
fined the defendant Si.

EQUITY COURTS.—Yasnamy.
Bums rex Luao Cliobtatasa.

IX XI XXI SAINT J•xw'B CIVIL, ax PARTS 01111 -
WAP.—A CLUB Not N !THIN THU XIAXINO OP TUX
WIXDINO-UP Acts._—_JVDollllllT.

This wee as appeal from aa order of the Vies-Clseneellee
=Bevies, In whisk his Her m held that this alsb wee
the mai, of the Jai iteekOmigimiselifleding.
sp Mts. This lei $llO osailes.
Mr. Bases sal Mr. Parses, far tbs oppellest, esimsitted
that there wee &lOW is the Wiedigeep Aim to beide
' this aesosisties.
Ms. Melissa*. Toshio contra.
The Led Chancellor, is giving judgment, NM, though
this plat wee a mein important, it was at the seas time a
may despie es*. Clubs, in the oommea ore mplatian if the
Moe. were handed oa this principle—that we ems*
mist them on the mere payment of money, ha nab, ist
sleeted, and mast pay an entrance fee sadaa emesed.
esbmwiption. The rules of this club were vityysteineme,
mu it them giving the power to inquire into the cachet
ef any of the members, and if such a course were thismil
expedient, notwithstanding that the ate compleilei et
might have been committed out of the club, ea la as
way in connexion therewith, the Aram member ee
members might be expelled. A sawsher .mussy weal
have an interest in the general MOWN OM, dub, and if the
(dub was broken upp he might institute a suit to ham the
meets , but the member had so interest such
he meld either sell or bequeath. He had rawly a me-
esal tight et admiliss to the club, end ies
boats. Nesiderisg the utility of swell se.
thing meld be merealarming than a beiges ad& would
prevent msw astleig or remaining ia them is ised et the
WbiYtim adds Me might WM. *hiregb it wee at one
time eassidseed Oa sea isdivideal member was liable for
an He mimes ethos dubs, tide, be wee happy to say,
wee at the tree Mete of the law ; so member wee paw,
=de amyl he each things as he had Wadi sermay
ea weed to be liable for. Hie lordship this
to Nader the provisions of the varies,
Sasiltaelesk Winding-up Acts. The first of
these applied to commercial and trading companies.
Mow clubs were neither the one nor the other; nor were
they (the members) within the meaning of an the acts
arteelehnl ter the sake of profit. They might
deity sauanl aloymest sad benefit, but there was no
profit G • peseshey mac The 11 end 12 Viet, c. 46, the
mesa em. wady Wined the provisions of the first, and
applied may te trading nerd commercial esompenies. The
Von in the present inetance arose under the 12 and 13
c. 118. Alter referring to dm 11 ea 13 Vict., it
eras that "notwithstanding anything i the said act con-
tained, impareing a more limited appimation thereof, the
game shall mppky to all partnerships, emeelations, and com-
panies, whaler the poison or meseishse are not lees than
sews in number, whether or uniu
ea whether limed or before oreceZaleette
passing of the said Kt, or this sot, ether than and amp&
railway companies." Clubs were undoubtedly asemiations
within the natural meaning of the word, and thestlb
(the Lord Chancellor) would be the lam penes le give
say other than • natural senemsedea to a weed
In an act of parliament is as ordinary case, bat
here he could set give swab an aboard construction to the
word amooiaties se le brig a dish within the meaning of
the act; kw here it wee ameelsid with the words partner-
ship end eseapans, clubs laving Bathing of the nature of
either • were be to do so, ma mishit club or archery amo-
ciatice; would be exempt free the provisions of the Wind-
bag-up Ade. He therefore Mt hound to give a reasonable
anetemitien to the. tem monition. lie should now de-
aide se Lea Deem Arida with referents is uses, not
what was within the mare of the act, but what was not.
With every respect, *mare, for the opinion of the
learned Judge below, be, meat hold that clubs were not
within the meaning of the Winding-up Acts. He thought
that if the legislature had intended to decade them that it
would have expressly used the word "club." Although
this club was doubtless an association, it was not an asso-
ciation ejusdem generis with those referred to in the act,
and comequentle, its hie opinion, the order below must be
reversed, but without eats.

Birrese rum Mama or me ROUJ.
EARL LINDSAY r. THE JIRRAT NORTNIERN RAILWAY

CUM PANT.

Mr. Lloyd moved for anTh;j7inetion to rennin the de-
fendants from breaking down the banks of the Welland
canal and making holes in land the property of the plaintiff.
Defendants had entered on the land under an agreement to
purchase it for the purposes of the railway but now sought
to use it for constructing • canal between the railway and
the Welland canal, which plaintiff had resisted and had be-
fore applied for an injunction, whereupon an issue was
directed to be tried at law, which had been done, and it was
decided that defendants -had not the right they claimed,
and on these ground, the present application was made.
Mr. Rounded Palmersaid he had received no instructions
in the case, which must have originated in mistake, and
asked leave to mention the. matter at the neat seal.
The Master of the Rolls granted the injunction, giving
leave, however, that the matter should be mentioned at the
neat seal.

BerOlis TimOliAltciu.O. SIR JAM= PAWL&
HAIIIIIION V. Baowx AND OTIFERS.-771111 SI:SD/M.

LAND JOINT•STOCK BANKINO CONPANT.
This was a bill filed by the Plaintiff as the registered
public officer of the above banking company, against the
defendants, who were the five directors of the banking com-
pany in November, 18.51, when the bank stopped payment.
The bill stated several transactions, in respect of which the
defendants or some of them had become indebted to the
bank ; it also stated various breaches of duty by the de-
fendants as direetort,nnd in particular, the deed and resolu-
tions by which Thomas Brown, one of the defendants, who
was indebted to the bank in a largo amount, was released
from his debt, as it was alleged, improperly, and the bill
sought relief in respect of such treasutions. To this bill
one of the defendants demurred.
.

Mr. iinea4,Mr:ierr;if,;;lMr. Martindale, wereheard
on Monday last in support of the demurrer.
Mr. Daniel and Mr. Stevens appeared in support of the
bill, when his Honour deferred kiolgmeat until this day.
The 'Vice-Chencellor, after shortly stating the case made
b,y the bill and its prayer, said that Robert Brown, one of
the defendants, had demurred thereto on various grounds,
the first and moot important of which was that for want of
equity. It was argued that the plaintiff, as the public
°Hoer of the company, was not the proper person to insti-
tute the present suit, and that he could not in that else-
' ratter maintain it. But his Honour said he was of
opinion that the demurrer could not be sustained.
The object of the suit was to reeever from the
defendants, who must still be taken to be partners in the
bank, certain amounts•which, according to the allegations
in the bill, they were liable to pay and to make good to the ,
funds of the partnership. The Joint Stock Banking Act
(the 7th of Geo. IV., c. 46, s. 9) under which the Sunder-
land Joint Stock Banking Company subsisted, provided
that all proceedings at law or in equity, to be commenced
for or on behalf of any sack copartnership as that act re-
lated to, against any porton or persona, bodies politic or
corporate, or ode" whether members of such copartner.
ship or otherwise, for recovering any debts or enforcing
any claims or demands due to such copartnership or for
any othet matter relating to the concerns of such copart-
nership, should and lawfully might, after the pausing of
that act, be commenced or instituted or prosecuted in the
name of the public officer for the lime being of such copart-
nonlife*, for and on behalf of such copartnershiP. Thepreeent
suit appeared to him io be precisely within the scope of this
provision • and why not ? It had bmi contended that the
suit, it instituted at ell, should have been a suit by some
one or more of the partners on behalf of all ; but nothing
had been supplied shorting that any substantial or prac-
tical good could arise irons a suit so framed, rather than
from a suit constituted as the present. The rights of the
Banking Company could be enforced with as moth effect
i.n. thereeent mit ea in • suit in another form; and, as n-
th' defeadante, they - were in no • Worse condition
NZ —being preeeeded against in this form • whilst
there was no ground of • 'defence Of *lna they could
have availed themselves' in any other him of the
suit which was not open to them in this suit.
The frame of the present suit appeared to be more benefi-
cial for the defendants, inasmuch as any decree or order in
it would personally bind all the partners, and•might be en-
kneed against them. His Honour considered that view of
Eliease was in accordance with the ewe of " tiiddon v.
" (10 Simons, 7M), a decision in which he concurred.
was nothing, therefore, in the &Ikea for want of
*pity. The second • objection was that the suit was multi-
farious, but he thought it would lead to a mischievous
multitude of suite if tlw•demands against these persons were
to be divided, end he must overrule the demurrer on this
pound. The last ground of demurrer was fur want of
parties. He thought the manager, under the partioulareir-
onmstances, was a neemeary defendant, and he must, there-.
see, allow the demurrer on this ground, but without costs,
giving liberty to the plaintiff to amend.

ASSIZE • INTELLIGENCE.

M
IDLAND . . .. -
Justice Coleridge arrived is this town yesterday.
Nis Lordship attended church in tire afternoon,. whoa a
sermon was preached* by the lie,. Geo. Quirk, pew of
Martinsthorpc The • business wee commenced this mom-
fag. There were no causes at Nisi Prius. The calendar
contained the names of (our prisoners, Ur., 1 for perjury,
2 for arson and 1 for petty larceny. No cue of public
interest ooeurrod, and the business of these anises ter
dated at a quarter put two o'clock.
)Jr. Justice Coleridge left Oakham by the 4.15 Gls foi
Northampton, era Peterborough.

JULY 8.

THE POLICE COURTS.
_ DOW4TREZT

IVillians Henry Primo, a yams man filling the situation
of a teacher in St. Martin's Pres School, appeared on a
summons to answer the charge if having cruelly beaten a
child named John Cooper, aged 10 years.
The boy stated. .at n previews examMation, that be lived
with his parents at 8, Tayloe's•buildings, 81. Martin'adane,
and went to the Free school, in St. Martin's-pleas, when
the defendant, Mr. Prince, acted as a teacher. It wee one
of the practices of the school to make a marker line upon
the door, and to require all the boys to stood in a row, with
their tom on the line. On the 28th of June heat, when the
order was given to " toe the line" he (complainant) was
whine, and did not get up to the mark in time, uptes
which one of the boys was inotnoeted to put him upon
a teem to In beaten by /Ir. Priam em now
as the Mat 3k. Pena dental his to MU up