The Express.
London, England, 1852-06-21 00:00:00

iLau) iintelitanue.

couwr OF QUERN'S
Matsu. an Noes Pitt. Ara WA ATIFIIAITAIL —BOMA I SAO Cmirsau.
APO AFACLAL feat.
Ter Qctra e.Tda E AICEIPILAOO COMPANY.—
elite
From the etstetnent of the AtteraerGeserel, it appeared
that this was a proceeding, by way of wire facies, for the
purpose of repealing a charter granted to the defendants
on the 17th July, 1846. The object cf the company was to
work mines, dig tool, minuets, Le. is a portion of Borneo
et. &n. sheen. Sir J. Brooke was dairous that the resources
of the colony should be developed by the employment of a
Large capital. At his instigation, a memorial had been pre-
ecuted to the Board of Trade, by certain permits. for a
chatter to effect these object. ; and the charter in question
wire granted. It recited that the parties had agreed testate,
airibo a capitol of 200,0001., to be divided into 2,000 shams'
of 1001. each, and the charter directed that 100,000'. should
•oleseribed for, and at least 60,000 i. paid up within twelve
months of the date of the charter; and that no operations
should be commented until the directors had certified to the
Board of Trade that 50,000 f. had bees paid. It war else
directed by the charter, that the company should
exe.nte • deed of settlement, providing for its
Inmaaement, and that • copy of shch deed
should be lodged with the Board of Trade within a yenr.
Vorious eirctinistan acs had made the charter almost the en-
tile property of ore individual. Captain Wise. A grant
had beta obtained from the batten of Bersee by Sir J.
Br' eke, to work coals on land extending to 140 miles;
this street he had transferred to Captaia Wit*, sad a lease
for SS years had been obtained from government of 100
acres of land is Lahuan. An engagement had been entered
into by Captaiu Wl:c with other persons, by which he was
to be paid COW/. in four months after the formation of the
tom; any ; by w Itich he was to be managing direetor ; was
to have 3,000/. for 10 years, 100 shares of the company, all
the calls peid out of the capital thereof; 21 per cent. spas
the dividends, and the same coin open every beaus to be
mad., and to r,eeive 5001. a yeas as use -massive of the
ednopme. Is 1849 the peewee appointed foe that purposes
made a report to the Board of Trade, which stated their
:41:7lx;11211rte5h" "17 trAl w•Nd7l6"mx°..t.l
stated that grorksww great
ap7rogreea ase at
repOrt nf
ISOU stated the capital to 62,467!. Ile.; sad that of 1851
described it to be 00.1971. Ile. 9d. It wan submitted upon
thi. that there had been • breech of the provisions of the
charter. inasmuch as the company had commeneed their
business before the 30,01101. had been subscribed, and added
to this. the deed of settlrm^nt had not bees registered-
The d. a ntlauts, therefore. hod not complied with the termite
of the charter; and not having done so, the present pro-
ceeding was instituted, in order [bat the charter might be
relicalet‘
't he el'l,srt, r and the deed of settlement were then handed
is. The deed of settlement recited the charter and the
agreement, sad related the considerations stated by the
lemnal cowls I.
Mr. Noye-, the Registrar of the Board of Trade, pro-
duced the memorial on which the charter was granted, to-
g ther with a memorial from the grantees of the charter of
Play 1'i,1514, marine that the time for performing the con-
ditions of the charter slight be remade& That prayer
nu refused. A copy of the deed of settlement was not oil-
elan, lodged trith the Board of Trade.
Mr. Crowd, r ate.. posed, and aild that it appeared upon
the deed the' there was a certificate endorsed, that the deed
Lea bees ledgi.d with the Hoard of Trade, and sigoad by
Sir Devi, Li Merchant. This certificate was declared by
the chaster to be- conclusive evidence of the fact.
The *Moue 1-General submitted that the certificate did
not comply is itit the terms of the charter, as it did not state
that it had been delivered within the year. It was there-
fore not ceseissim, sad the crows could sot be stopped by
Eteue words in toe charter.
Mr. Crowder was astonished at each objectless being
mails on the port of the crows. Hem was a charter
granted by the crows, and • statement made that a certii-
e-te of the deed having been lodged according to the terms
of the charter, should be conclusive evidence el that feet,
sad it was sow said that those words were to have so effect.
Such a &Mae could net be held. The other was • special
pleading objection, which, be turd, inlaid set prevail.
Lord Campbell said it wee clear it wee sot coeslmiee.
Biamination of Mr. Noyes continued—The copy of the
deed was not d: posited in the proper place for tiling oath
documents, n-r was there an entry in the register of such
deed having been lodged. There was a certificate that the
deed bed been executed.
Cron-examined—'fliis is the'first time it has occurred that
* deed has bees beou,tht to the office and sot registered.
This deed was disc mered in Sir D. les Merchant's desk,
but was sot foetal than till 1831. The first report of the
d.recton of the company, dated Jane, 1819, meted that no
r4ll h id beta made of more than IL per share; but a further
tall would be made is October. The balance sheets were
properly lodged with witiizeri. M'Greror and Sir Staf-
lard bad all the paws as they were brought in ;
and they were la eseamnnieaWa with the company.
Ilr. Uledelthen, jun., who bed beta employed to audit
the acemithe ef tbe asidi Mr. Williams, the govern-
ment esgigatig,
_boas.; exembral.
Sir James lbeelea was With, whe stated that he was
the Former et Lbws. la 1846 he had • grant from
the Saltaelf Denise for working coal la that' nland. He
treadened the gnat to Mr. Wit* grutuitossly after the
seltathee IMO pasted. After the formation of the company
he
SWIM. OM to carry out the objects they had is view.
He eemplethed of their dilatory proceedings. He had se
idea *film mine of the grant.
Mr. Cbewite then addressed the jury for the defendants,
who with thebons elpecarring the charter which they had
obtained bon bee Majesty. 11 would be for the jury to
aiy whether the prosecutor had established his beam,
became it the the duty of the prosecutor to snake eat his
care. Tbe while should uodentand that this was a pee-
• buiented by Sir James Brooke, in metaegithee of
a gamma therms him and the company. Sir James
Broths bed Meade it proper to come in aid of the trews
to assist be theleinthe • repeal of the elotern. They were
aware Him if a eanipthy applied to the mews the a shorter
the matter was taken into eopeideesties by the Beard
of Trade, sad then such a charter wee granted es weld
establish the corporation required. Parties were ma
to be turned round upon a teething, special plead-
ing objection, as technical as a omens!. Tils
chance set forth the arrangement between the
porno, sad it contained a proviso that if the pew
1/18101111 in the chaster were not complied with it ehmslg be
annulled; bat no minister, no officer ofLarLigishlle heath
would, upon some trumpery 'lnds'
think fitto weals charter so granted. The Imes we
:et
to take care thee the chaster was not improperly dealt with.
It was in the discretion of the advisers of the crows to my
whether any *light breach of the conditioss was to be taken
advantage of. It could not be expected that the mown
would annul the charter because the deed had not bees
what was called elleally registered, when it turned oat
that it lied been delivered at the office of the Board of
Trade only ten days after the proper time had aspired, sad
ban mislaid. The cootpany had felt safe leader the con-
ditions of the charter that if the company had sot been
guilty of any wilful violation of the charter the crown would
not interfere. Sir James Basuto had been ill-advised; be
had pressed Sir George Grey to take proceedings wittiest
any effect, and be had now come to this court actuated, be
hoped, by public feelings. He (attended that the promoter
bad not peeved his issues. Why had he aot called Sir
Ilenis Le Merchant and Sir Stafford Northoote, both of
wham wen ia court ? The jury were entitled to have the
best evidesce. aad that had not been given to them.
Leal Campbell, is seaming op, said the jury had no-
thing to do with the power of the crown to repeal the
charter • they were only to consider the questions submitted
to them: He thought the jury would not consider they bad
had satisfaeteey proof that the deed had not bees depeatad
in proper time with the Beard of Trails ; but there could
he se doubt of the feet that the sumo( 50,0001. had sot been
paid within the year. It beamed to him that the evidence
wee very strong to prove that it had not been paid up, and
he ovoid me see how it could be contended that it had been
paid. It was teethe jury to say whether the deed had been
lodged in props time ; and whether the 30,0001. bad been
paid within tth period named by the charter.
The jury fined that the deed had been properly depo-
oiled ; and, therefore on that issue, the verdict was for the
defendants ; but that the 30,0001. lad not been paid up, and
that the company had commenced bu.iness, so that on
those issues there wee a verdict for the crown.

COURT OF COMMON PLEAS.—SATIIIIDAY.
esrme• AT NEN Pam ist blioutaux. Banat XL Juana
TALIOVILD •IXD a SPSLIAL it ST.

ellAillAtf (a 'Mill 0. SAPIDLIIA MID Mal
Tics RI:CIL BVITEA.
This was on action to recover 236 Od. foe work sad
labour dose r the defendants, and the case involved gam
tons of considerable, Importance under the Track Act.
Mr. Bittleston, is °posing toe case' said that his client,
the plaintiff, was a llailkssaarrff man, mid he was formerly
empleryed by Memo. Issilars, Heywood, and Thompson,
the owners of the BMWs Dan Iron Company, la Derby-
shire, the work hados borst in May, 111.50. sad ended la
June, 1861 The taste masuited in putting ironstone into
keeps to he barest said dku plantiff was the head of gang
eta or 10 men, and kg himse.f. This being aci, moot
the questions raised in themes was whether the plaintiff was
se artificer within the am* of the Truck Act, the I sad
$Wm IV., cep. 11, white eft wee prod to prevent pay-
ment, in cc rtaia lend" of wow is geode se otherwise than
in lbs sanest site of Or nem This set provided that
if In say osstreot the peromot of wages or any part of
them amid be meeimigeede, or BO that any part of the
wove psid was to be Lua oat in pole" es* emolmset
Owl' be Wesel, sal mad void, and the mooloo affsff Ohs
pole amid sot be sawed to resew he the psi Wm
et le ell of the yoke et them whet the sews The
dshoimale is diergezesse goaded, sessei ohm takeys. amt
emoiellet et mod the gayeties wee, whifibmt
Ile ress.lGse dot • f AIM the sat off arose were not veld
seder he Troth Ad. The defraisate eke is mom
pert ef the &mead pia la Isle mart. Ils• swims woo
to settle with the leads et the pass at the weeks Essift,
when as aoment was taken of the quantity of hes wte
had sees pissed a the beeps to barn, and the bed
men were toes paid at rates varying from 3d. to
lid. per too, wait they paid the men mobs, them
about ri per day, lest the.. ander MIS INN
atill sessaate of the somonely ad liab:e to Ms milosheed by
then. As the settlemests were only isciadip.
_nod to lhat
was W /aft a time he de Vim to wait, dm heed me
mare=
dispegborkii. tames
tubsolie
horses 4
esoyeecte pqm She emus semsed:Re lead sees aloof
Seib Weak sod osse these te the ma dariog the pe-
iiY
el the sesee wimp Mk thee Mb dm lass al lir_ .
ID eashod. The mesa wmaly els be
Xs ebb& le glee the sob, sad ibes the .a woe We
Os " Teeny lisp," whisk was seder the one net is
the sembises elite, end eoly pined by a yeetilles. end