The Express.
London, England, 1848-11-07 00:00:00

ecstasy deelikas of the courts of laseose. Basch and Es-
chequer. • INV howsver, woe Ammar= granuid on
pay meat a coats, and • yard= was lowa for Lewis. He
ad died phis bill previous to the Ant trial, trot the Vice-
Chancellor mho= ow an az porta scplioadea to inus mina
imps:wa, width be mat= ellorwardarapon tho hr=
the awn The karma sonnal astanded that the isj
should beve been hosed aHa first instance, add it it had
Las plaisuf would eat have be= put to the eats he had
to ay. H. was said= ter la= the injunotion coo-
•lsiarA Saki and Co. ware pay sot caly of a break of
the ladasaity, bet ales of Oak pafewiatal day, a as-
en any istfornatiow to • party prossoding against
the provisional eoandltes.—Xr. -Rod, for Smith and
~0., contoadod thst the alleged ladassity was wad, esp
ally as Lewis did not jr.y for the shwa allotted to has ; dit
was =lid hoonglit to have met hop a • &lona to the swim
They dee submitted that the impassion rapt not to to
allowed to sand.-I[r. J. Parkas sad W. Lloyd, fa Boy:
nen, aaawared on tho last poiat—'lls Lord Chsacellor said
deo whole isto now appeared to Ye to la about the oast..
He sodlend that there wail ha pat dilloshy is dull=
with the points of tho ease, =the= petting tie parties to the
farther was of establishing Ask sniped rights by actions at
law. Tha only way to avoid that ins by caning to sew
arrangement. If the adentalty was to be held valid, the
defendants, finish and On,
_bad hens pap of • breach of it
by living Wormed= no impall, and =pasting the claims
of other creditors of dr smarmy. The Vico-Chanallar
dircidrd that the adesicdfdl wee sot binding en Barth and
Co. Hie was now was that the quad= of indem-
nity won • legal qwwiss with with* le amid sot deal with-
out paws( ths airtime le di, cats of ma alien. If Lewis
suocoodsd is that Mies. the letaseties wade fail against
_Aso stabs
said
dillialties that
musk hint fa dad* with the staßter, said would let the
cone mewl ewe he MIN dam fa as rionsideeatioil of mks
portico, awe to ma witWher they could sot arrive at KM/
wane neat

EONS the limter or the Roth.
LORD Lung e. LORD Allan/ lITON.—WIIRTNIII JUDO-
SHOTS AGAINST TENANT VOX Lou IX FlOil
CoNsINTING TO NUNCIOS OF PDX'S OF BALI AND
BICNANOI I—The rowdies la this cases related to certain
Mates of the Doke et Bas
Ilse is Northempteaddre.
elllse estates were vested ia Lard Leigh, el surng to
~a
pawn of sale sad eultear, to be exercised with the
Wef the duke, who was kismet for life. The estates
Wn eamarly sold under the power to Lord Ashburton,
se mime Writ it was objected that there were judgments
Is Meet the duke which were, under the opera-
ries of this Utk erstion of 1 & 2 Victoria, 0. 110, made
.gaitable charges ou his life interest in the land,
in the same way as if the duke had setuelly
speed to charge thus, sad that therefore on the well
understood principle that a am cannot derogate from
his own act, it was not competent to the duke to 'auxin his
power of consenting to the sale, For although the eststes
would be bought with the purchase-money, and in the
meantime the purchase-money might be subject to the
udgment debts, yet it was possible that they might nit
afford equal ',civil, and thejudgmeat creditors would have
a right t t question the transaction. Oa these grounds Lord
Mbrtm refused to complete his purchase; mid the
bill is the cues was Bled
shadl him. •
theredemurre was
pled by Lard Ashbertoa, the question es to
petaney of the duke to give hie Nugent to a sale was now
discussed. It wee contended, in support of the bill, that a
man having • power of appointing an estate, was not Pre.
eluded from exercising it ss against estates and interests
created by operation of law and not by his own contract.—
Tee Master of the Rolls observed that the question was one
of great impotence and difficulty, and it would be accessary
for him to take time to consider it. lie should, however,
have preferred that the (patios bad sot come before him on
demurer, u it precluded him from putting it into a course
to be triad et law where be thought the question must ulti-
mately be decided.

Doke' the Vic•Clisaseller of lacteal
Re PASTS TSB NNIFFORT MAIIIIIIICATIII.—TIOII.
TUC lINDII AM ACT OF PARLIABIZJIT, TO MOLD LANDS
Al • COZPOZATION.—.Tbk was a petition by ',J.e of the
trastem appoiated uader an art pissed is e 4th year of
Gee. 1111., far dividiait and enclosing a waste ground, called
TM KANAL" ia the parish of Newport, praying that a sum
of lON , mid in under the lands' clauses act by the Bhrop
Mire U Railways and Canal Company, for the purchase
of a posies of the said Mares, might be paid oat to the peti-
tioners. • questioa was raised under the enclosure act as to
whether the Minh lead was
is in the trustees in such
mother that they might sweets conveyanoes thereof in their
own
masa, or whether each truSeee were coustituted a &re-
paration, in whisk ems it would be aecesaary for them to
convey is their corporate espeaty.—Mr. Little appeered
for the petition. The Vise Chased/or said he had
read over the act of parliament, and the cooly question for
him to decide was whether that sort of body which was
created by the act of parliament was a corporatios or lot.
His opinion was that, by the nature of the act of parliament,
aid by the powers thereby eonterthd swot the suttees of
the Ranh, although there was so 'steal directica that they
should be coartituted a corporatist, still it must be takes
that they were so in hat. The act vested the Hash is the
tresses sad their heirs, for enclosing sad improving the
Hank sad for petting the act into mention. The powers
would eostinne of accusal y without limit as to duration.
There was no period to which the set was net capable of
being pat into esseatioe, cad the venom award se trustees
were to hold the Sad far ever. Cads them circumstances
hie Honour thought that the to were constituted •
sorporatios

Defile Vier Chancellor Mehra% Inas.
Pattern A BTILANOIL—ATTORNar OrNaRAL
e.
TIM Balta.—lnflux crtine.—This ems will be found reported
in another column.
Br TAMS Ritheica, RI Acarriso.--Joiter AND Bark-
RATE Fthm.—Mr. Bacon and Mr. De Gex supported the
petition in bankruptcy in this ane, the object being to annul
a separate Bet; *joint fiat having issued epthst the bank-
rupt and one other partner, in • firm of four, carrying on
business at Gybes, ander the style of Ackland, Boyd and
Co. TM two partners in qesethe were named Ackland and
()swim, and had come over to this country, whereupon the
petitioner, who claimed to be • creditor of the firm for 1,3461.,
wok proceedings loader the 1 and 2 Viet., e. 110, • 8, for the
purpose at preemie' payment et bis debt or of suing out a
fiat. Beim the act of bankruptcy, under the statute, was
complete, a sepanne fiat issued against Ackland, on his own
petition. The petition now sought to have this fiat an-
nulled. In 'import of it, "az pub Smith," (1 Girth and Jame.
son 266) and "ex parts Foible?" (2 Rose 28), were cited. Mr.
Swann= end Mr. Smythe foe the bankrupt, Ackland, opposed
the petition, and said there Was sot in England any f
jothe
int
estate of the firm, nor was there any; separate estate o
bankrupt Orwia ; and, the petition hayiog stood over to a
sobenpent part of the day, for evidence of this, they read an
affidavit othekland ,to the effect that the only jMnt assets in this
country were bills &wanting 0 4,0004., and that the parties
holding them had a lien thereupon to • math larger amount.
—The VinuCbancellor directed the petition to stand over
till the 27th inst., without prejnoios to the parties pocesd-
lue_under either of the fiats the meantime.
EDwARDII r. BilltielitiVßY AND BIRMINGHAM RAIL-
WAY COstrANT.—DimoßßAß.—This was a bill filed b 7 •
shareholder in the above company praying a
deiMien
that the compere y had no power to create new or /we
shares, or any other shares, bearing • fin d rate el bereft
or dividend of 8 par cant per annum for 10 years, sad 6 per
cent. per anneal thereafter in perpetuity, or to apply.e sp.
propnate any part of the profits of the company dem I
the profits bad been actually ascertained and declared, end
that the defendants bad no power to raise or apply leb,oool.
otherwise than according to their Branches Act of 1847.
To this bill three demurrers were put in. The general
'ti p. of the bill, which it is sufficient to state—the decieion
turning on points of pleading, and the facts being of course
not proved,hat assumed for the proms oftb e argument—was,
ti.at the directors had formed the plan of greeting prefer-
ence shares, end had called an extracenthem meeting for
that purpose, when certain reseksthims stes=seed, hat
were met by an amendment, la Meerfa there ap-
peared, by the show of heath, • seaeldwrath majority.
That a scrutiny took place and that. while it mein wpm
at 11 o'clock at night, the chairmen told the nereltheles
communicate the result at 9 in the mornizert MSS&
ingly, at 9 on the following morning, the
but that the scrutineers, the secretaries of the wempergaillal,t
the solicitor, were the only other penes. peanut. That the
chairman was then informed by the scratimem that thaw
jority was against the ansendisent, and be deslared
it
lob, and thereupon pat the original nothatlem, which be
declared to be earned ; that nevertheless manther-
bed alterations had been shim made in them, ea whisk'
the dinners sow proposed to ant.-11r. ROME MA
Hardy supported the demurrer, and cited " Tees s.
IfssMt-
tle" (2 Hare, 493), " Mosley Ir. Alston" (1 Phillip, Il80),
" Ebner and Credits:is Railway Company e (11
Jurist, 847).
—Mr. Swaniten and Mr. W.W. Cooper, la sup-
port of the bib, cited "Gray v. Chaplin" (2 Sineuns and
Stuart, MD), " Powell .. Wright" (7 Beavan, 449), and
Welwerth v. Holt" (4 idyls* and Craig, 636)The Via*.
Chaneellor said he doubted whether the MU was sufficiently
dear and premiss is the description given of the per-
sem on whose behalf, as well as his own, the plaintiff pro-
toned to sae. In the nest pleat, he doubted whether the
allegations respecting two of the defendants Were sufficient
to bring them technically and formally into the position the
plaintiff wished them to be understood 111 being plaesd in.
In the third place, his Honour doubted whether thb bill was
not defective by it not appearing upon the nand that there
wee any party to the snit, who was a shareholder in what
was called Class A, not being also a director. It was
not necessary to mimes more than a doubt upon these
points, because the mussel on both sides mast be taken
to have expressed • wish that the court would give
its opinion on the question, whether independently
of say defect of parties the snit was sustainable coneistently
with the doctrine laid down or acted upon in the recent cases
of " Tram v. Ha:bottle," " Mosley v. Alston," and " Exeter
and Crediton Railway Consesay e. Buller."—llia Honour
thought that a suit by • thereholder on behalf of himself and
others against the directors and the company, complaining
of ouch alleged wrongs as are'alleged in this bill was within
the influence of the doctrines to which he had referred.
Consistently with those doctrine% big 1106010 could not
overrule the demurrer, which must erefore be allowed,
but the rlaintiffs might take liberty tell amend generally
within four weeks.

COURT OF QUERN'S BRNCR.—Tannan•T.
Sluts. to auto.
KNIGHT AND OTHERS a. TILONNTON.—MAILUDI 'NAND
A/mg.—This was as action tried at the last sittinp at Guild-
a
hall bakes Lard Denman, sad was licoaght to mover
large sane at motley insured oa a barque called 04 Paul
Hall, which was totally wreaked at Santa Cruz, after a
voyage to the coast of Patagonia in search of guano. It
appeared that the iasurano• was Jotted for the voyage, and
tut this venal grociastiod in irstpany with two others, to •
plus called Boa Lion Island, where a large nasality of
vane had boss diasovared; that the captains of Ow wore