The Express.
London, England, 1853-03-09 00:00:00

CRYSTAL PALACE COMPANY.

Yesterday the committee upon this company's bill
met in committee-room No. 1; Lord Barrington in the
chair. The other members were Earl of Mulgmve, Mr.
Wyvill. Mr. Stephensoa, Mr. J. G. Smyth (local members),
Sir J. Duke, Sir E. Falser, and Mr. Alcmk.
The committee-room was rather crowded by the parties
- bill -

interested. The petitioners against the -... weie the
churchwardens and overseers of the parish of Beckenham ;
and the churchwardens, overseers, and surveyors of high-
ways and other inhabitants of Penge.
Mr. Alexander, Q.C., on behalf of the promoters of the
bill, addressing the committee, said its object was for the
purpose of purchasing the building of the Great Exhibition
of 18.51, in Hyde I'ark, and for the construction of it, or of
any addition thereto, on another site ; and also for the pur-
pose of forming and maintaining conservatories, parks, and
museums, for the illustration and advancement of the arts,
sciences, and manufactures. In pursuance of these objects
the company had subscribed the sum of four hundred thou-
sand pounds and upwards, and have either purchased, or con-
tracted to purchase, an estate in Kent and Surrey, near
Sydenhiun ; and are re-erecting thereon the said building,
with mat additions thereto, and are laying cut considerable
portions of land in gardens and pleasure-grounds. The
estate was intersected by two roads, one • bridle-way
called Thickets'-lane, in bad repair and little used, and the
other, part of a public carriage road, called the Penge-road,
leading' from Peng, to Dulwich, steep and inconvenient;
and both interfering materially with the designs of the
company for their gardens and pleasure grounds. The
company were willing, at their own expense, to make and
to dedicate to the public better and name commodious
roads than the existing roads, upon power being granted to
them to stop up the existing roads, and to purchase Dul-
wich Weed.
Sir J. Paxton, Mr. Campbrll, and Mr. Francis Fuller
having been examined upon the details of the undertaking,
The eemmittee declared the preamble of the pored,
slab( sat the proposed rating chasm

Mr. John Brown, the testator in the cause, and late of
Sudbury-hill House, near Harrow, by his will dated in May,
11146, among various legacies to chartable and publie insti-
tutions, bequeathed unto " the Society for Building
Churches " such a sum of money as should be equal to the
average market price or value of 6,6001. Three per Cent.
Reduced Bank Annuities on the day next before that on
which the executors of his will should pay the same ; and
he expressly charged this legacy, as well as the others, upon
such part of his personal estate as could by law be charge-
able with payment thereof, and exonerated all his other pro-
perty from the payment of the same. The Master, by his
report in the cause, found that by the " Church Building
Satiety," the testator meant a society incorporated by the
statute 9 Geo. IV., c. 42, by the name of " The Society fur
promoting the Enlargement and Building of Churches and
Chapels ;" and the question now raised upon the hearing
was whether, having regard to the provisions of the statute
under which it was founded, the society could take the be
quest notwithstanding the statute of mortmain, or whether
the legacy was void under the latter statute.
Mr. Halt and Mr. Speed appeared for the society, and
contended that, as the provisions of the statute incorporating
the society did not enable it to purchase land, the bequest
in question was a valid one.
Mr. Walker and Mr. Bird, contra, argued that a be-
quest to build implied a bequest to buy land to build upon,
and that there was nothing in the statute of incorporation
to overrule such implication. The case, therefore, fell
within the scope of the authorities deciding that bequests
to charitable institutions, for the purposes of building, wets
void under the Statute of Mortmain.
Lard Justice Turner in delivering the judgment of the
court, said that the act of incorporation of the society had
nowhere given the society an express power to purchase
land. No such power could, therefore, be implied, and
moreover the statute expressly enacted that the committee
who were to have the management of the affairs of the
society were not to make regulations as to the dealings of
the society which should be repugnant to the laws of the
land. The consequence was that the legacy must be held
to be valid, and that, as it still remained due, it must be
paid to the society.

COURT OF BA,NICAUFTCY.—Yr.wrzamty.
harass Its.tbaateeoasa iIOLIOTIN
IN an Bow Lax.
This was the last examination meeting in the case of R.
Bowler, confectioner, of the Commercial•road. The bank-
rupt had not surrendered; he is supposed to have gone to
America. About Christmas last be began selling off his
stock at a great sacrifice, and after getting together a little
ready money, he closed his shop, and absconded. His debts
are stated at between 1,3001. and 1,4001.; the moats are
very small, consisting only of some little property which he
had deposite4 with friends, and which has been taken pos-
session of by the assignees. Ho is thought to have taken
about 1204. with him.
Mr. Crutch, for the assignees, asked that he should be
proclaimed in the usual way; and the court made en order
to that effect. -

IN RI FALL AND Mixoax.
This was the lest examination meeting in the ease of
Joseph Fall and John Mingay, tool menufeeturers, of
Crawford-street. Their jetzt% debts were about 3701. ; assets
small.
Mr. Moss, for the assignees, offered no opposition, and the
bankrupts paved.
Barone Ye. Comma= Vests.
IN RI CNIDWILL.
The bankrupt was a tobacconist, at Dover. This wee the
meeting for proof of debts and choice of assignees. The
bankrupt's liabilities are about 2,0001., and proofs to the
amount of 1,2001. were placed on the file this day. The
assets were in the first instance extremely small ; but some
property which had been taken possession of by a creditor
hRs been recovered, and will be brought into the estate.
Assignees were chosen. Mr. Bell is the official assignee;
and Mr. Linklater the solicitor under the bankruptcy.

INSOLVENT DEBTORS' COURT.—YESTERDAY.
Baron TIN Cum Connussonsa.
Isr Tall MATTIR 01 0101101 LeVT.
This insolvent, who had lately been a biting-office
keeper, and who had passed by the name of Lewis, was
further beard. His case was reported on a former occasion.
Mr. Dowse and Mr. Ernest Reed opposed ; and Mr. Sar-
good supported.
The complaint was that the insolvent had improperly
contracted the debts with the opposing cretton, and had
given an undue preference to his brother-in-law, Edward
Lewis. It appeared that the insolvent had been an auc-
tioneer, attorney's clerk, part proprietor of a theatrical
circus, and had kept a betting-office. After the case had
occupied some hours,
The Chief Commissioner was of opinion that the insolvent
was entitled to his
ditcher
He was accordingly discharged.

IN Rll EDWARD TAM,

In this ease Mr. Reed opposed, and Mr. Cooke sup-
ported.
The arrest wee admitted to be friendly. The insolvent,
as a statuary mason, had speculated to imitate marble, but
had (ailed in the experiment. He was now in very poor

The Chief Commissioner said he must do something for
his creditors.
Mr. Ceche asked, with surprise, what a man could do
who had no trade, but only the workhouse to look to for his
support?
The Chief Commissioner thought that creditors were to
be considered as well as debtors.
Ultimately 101. a year was to be set aside, and the insol-
vent to be discharged.