The Express.
London, England, 1855-06-21 00:00:00

tad withdraw their era bill; tint the ?kaolin%
'amid pay 30W. to the defenda s fntorrittith'i:iuredatat.
penes, and should punkas" from them thei
et
the
&Odom at a price, to be died by arbOrat es,
16
6001
lair commercial 'also thereof, the atbit ratanen (skies
as the remises value, etch empy t have as
whaler°, within two
re with provisionsap
peisuneat of as empire ,• that the ploiatotiffoi.befrostwarksatedotafttheer
the regebese sod delivery et geseseds• tutu
dihedrals.sheold be boned leteges.e the _ sett
tH
ef the deka/oats with their asseowess. aid that t
Andante skeeld support a bull, to be istrodaced in the ant
ion, by and at the expense of the pl .intiffe, to legati,e
the pearettvee. As agreement, created the Ist of June, is
pur,u inn of this TTTTT geMCllnit,erSeliddinft,r tbnyesupduberpotee.meoht
clearly defines terms, was e
the plaiatifla aced the defendants. Arbitrators were sp-
poi vd, sad the time for ethics the award salaried
oar the Ist Et May, 1856. The defendants had forwarded
ler abates= of title to the pleatiffe, who dim:mired what
Alleged to be radical defeats of title with respect to a
Seib WOW ollisemleats by a previous but no longer existing
ipsesorraleA, tolled the Loudon an t
hateenw Railway
▪ 01=1100 7. the plaintiffs alleging tat theee was an sh-
ames of soy @vides*, of the power of the Railwey Gas
Chellanoy to hied their shareholders, who might be at Realty
Ilegeritath the sale to the defendants, and thin defeat may
wim,lir to the plaintiff.. The plaintiffs also raised other
objections to the title, with respect ;co a right of way and the
wee of • wharf. The defendants considered that under the
agreement of Jane 1,1854, the plaintiff. had *greed to per-
*Lass the while undertaking as it existed, and that there IMO
notarise of Bakker out a good title, although they considered
that the objections to the title were without foundation.
The arbitration had been proceeded with, and the bill I.
parliament, "The Surrey Consumers' Os. Company (Per-
ehaise of Deptford Ges Works) Ace, 1856," had been pro-
nged is portions's% by the plaintiffs and defthdaats jointly
op to the discovering by the plaintiffs of what they cos
Meted the defects in the tide of the defendants, w
they had withdrawn from the athitratice and re=
thee to promote the bill in parliament. Raving Mil •MR
against the detendents, they sow moved for ea Waned=
=
them. Since !klieg the bill, the umpire, in the
of the plaintiffs, had made his award, the =blea-
t= having disagreed.
Mr. Daniel, Kr. T. R. Terrell, and Mr. Leiria, supported
the motion, which was earthed by Mr. Willeock, Mr.
Bovill (if the Common Law bar), and Mr. Bores.
The Vies•Cbanoellor said that no ease whatever had been
made for stopple, the oroceediege before perihelion. From
the terms of the agreement it was clear that the plaintiffs
were buying cots fee simple, but the whole business concern,
whatever the defeadsnts bad to sell, and the whole question
was as te the title el the thing saki, the., the undertskieg,
sad sot to the pearl ea irlielithe weeks were carried es,
lame thus es as simesery le seer*, ea the busies= The
rtirwith Wire the arbitrators ea a quieten of raise
ialoatmlneenesat in aseertainisi the price to be paid.
owl the umpire bed properly considered the right of war
lei Mete= of the wharf as effecting the vale*, gad redeeth
the seises asesedingly. The only thing which had seethed
any health Wee eels the undertaking" itself, bevies send
to the moresed seine by the shareholders et the
dissolved Railway Gas Company. If it mall la
sheen that the 'Manakin* itself was held by the
detheciente ia trust for others, that would be ea
sidemen ging to the very root of the matter. net
mst. however a correct view of their position. Theßallzallsr es Oithipsay was dissolved in 1838, and Ray
was Mani to know that be missed to have any
interra.ensept ter the perpose of wisiolag op the Wane of
the icemen. If the mailer were fresh, the slasmthoidais
might weft have behead ea having the prowl realised
by meth. Meng\ even then subject many - equities whisk
is the emethlthe had Rhea. Then was sot the slightest
=llif my sash ehembeithe beleg seek though to
11 eV ode la the Rine" though pose* he might
adept the saki, end idea peel of the pashowethathey, sad
the on Heath wee who/Me asy peet ef it should be head
beak le moms my mask imaginary dela. There would be
so essay difficulties tothe way of any shareholder of the
eoepasy, which bad bees dissolved for 17 years, re-
eeveriag oat of this money, that his Honour did net
thath be should be justified ia withholding say
pert hem the defendants. The money, moreover,
wee wet he be paid for three months, which would leer;
=time ter raising any possible question se to its appal.
TM bill, therefore, is parliament would be left ha
its lamest shape. With respect to the award the Rona
WU amid bat little, sad he did not think the plain tills were
astiffisd to any benefit in respect of their owe Mathes; they
had Mae isformed by the arbitratots that they teaded to
permed, notwithstauding which they bad wiWrawa. lie
we. be DOOPA doubt, however, se to the prodactioa by the
iletendeate of all the evidsocie In their poemssioa es be the
difficulties raised by the plaintiffs.
Crimea were heard epos this point.
His Hensur, after setting that be should be very thluetent
VaaWastram the wholesome ale, that the meet anplloit
must salt between vender and purchaser, said
thee M weld not impute anything moth than mere lead.
manse to the selisitoe of the defendants. The plaintiffs
balehhilea=. et their peril ; and as to the remote claim
et ib calmesbisa fa the dissolved company, that would
ail alma the pressufs• of the plaintiffs, but, it at all, the
psalm mussy la the hands of the defendants. Upon the
011.110101 b the goatee mast be refused, the wets being
sob la the