The Express.
London, England, 1851-11-20 00:00:00

PROPOSED APPLICATIONS TC PARLIA-

MINT FOR RAILWAY BILLS.

The following notices of intended application to
parliament for important new powers have just been given
by the leading railway companies for the purposes therein
mentioned. By the

LONDON AND NORTH WESTERN RAILWAT.—For crea-
tion of new shares for payment of debt; extension from
Chester to Birkenhead, and branches, and amendment of
precious acts.
LONDON AND NORTH WESTERN AND BUCKINGHAM-
SHIRE ltaltwxvs.—For branches to connect the Bucking-
hamshire Railway with the Oxford, Worcester, end Wol-
verhampton Railway, and for working arrangements with
the latter • for additional lands at Kilburn, Linalade and
Wolverton, creation of preference shares for liquidation of
debt, and amendment of acts. _ .

CHESTER AND HOLYHEAD RAILWAY.—For extension
to Birkenhead and branches; for branch to join canal at
Cheater and road; power to London and North Western
to use and to subscribe ; power to Chester and Holyhead to
subscribe to Birkenhead Docks; regulation of capital;
consolidation of shares into stock; release of payments to
Woods and Forests, and alteration of tolls.

GREAT WESTERN RAILWAY (No. I).—For purchase
and transfer of Kennet and Avon Canal Navigation and
property, arrangements for completion of Wilts, Somerset,
and Weymouth Railway, and lease thereof; additional
works at Didcot, and extension of time to purchase lands.
GUEAT WESTERN, SHREWSBURY AND BIRMINGHAM,
♦ND SHREWSBURY AND CHESTER RAILWAY COMPANIES.
—Fur their amalgamation.
GREAT WESTERN, SHREWSBURY AND lIIIIMINOHAM,
SHREWSBURY AND CHESTER, SHREWSBURY AND HERE-
FORD, BIRKENHEAD, LANCASHIRE, AND CRESHIRE
JUNCTION, AND HEREFORD, ItUsS, Gad GLOCCESIER
CuurAxims.—To authotise arrangements fur the manage-
meut, direction, and apportionment of traffic.
ORFORD, WORCESTER, AND WOLVPILHAMPTON RAIL-
WAY.—Fur extension from Wolverest to Oxford, and new
station nt Oxfurd ; brunch to join the Buckinghamshire
Railway near Oxford ; and alteration of provisions yin Ox-
turd, Worcester, and Wolverhampton Railway acts relating
to the Great Western.

OXFORD, WORCESTER, AND WOLVERHAMPTON RAIL-
W./Y.—For powers to lease or sell to, or amalgamate with
the London and North Western, the Buckinghamshire and
the Midland Railway Companies, and amendment of acts.
WORCESTER AND HERA:PORI/ Italivay.—For incorpo-
ration of company for making a railway from Worcester to
Hereford, with branches to Worcester, Malvern and Led-
bury, for working arrangements with Midland, London nnil
North Western, and Oxford, Worcester and Wolverhampton
Companies, or any or either of them, power to use portions
of Oxford, Worcester and Wolverhampton Railway, and to
purchase or make arrangements with the Herefordshire and
Gloucestershire Canal Company.
LANCASHIRE AND YORKSHIRE AND NORTH MIDLAND
RAILWAY.—For power fur the compaaies to enter into
agreements in respect to the Hull and Selby and Bridlington
Brunch Railways, and the Wakefield, Pontefract mid
Goole, and Aiken' Branch Railways.
YOUR. AND NORTH MIDLAND RAILWAY.—For a branch
to the Victoria or East Dock, ut Hull.
SHREWSBURY AND BIRMINGHAM RAILWAY.—FOT com-
pletion of Birmingham, Wolverhampton, and Stour Valley
Railway, and use of Birmingham station, and r -gulation of
capital.
SovTli YORKSHIRE RAILWAY AND RIVER DUN COM-
rAsir.—Fur extension of the railway into and near the Isle
of Axhollue ; fur sale or lease to, or amalgamation with, the
Great Northern Railway; and power to latter to hold shares
in the South Yorkshire Railway.
SHROPSHIRE UNtoN RAILWAY.—For branch canal to
connect canal of Shropshire Union Railway and Canal
Company at Middlewich with Trent and Mersey Canal
Navigation, regulation of capital, and repeal of alteration of
tolls. Also for branch railways to connect Shrewsbury and
Stafford Railway with Shrewsbury Canal ; the company's
canal at Chester with Chester unit Holyhead Railway ; en-
largement of tidal basin and construction of other works at
Chester, and regulation of capital.
EASTERN COUNTIES RAILWAY (No. l).—For power to
use portions of the Great Northern Railway, and to pro-
vide for the more convenient interchange of traffic parsing
over that railway to or from the Eastern Counties Railway.
(No. 2) Fur power to use the whole or any portion of the
East Anglian Railway; provisions for more convenient
interchange of traffic between toe two railways; and for
power for purchasing, renting, or working the whole or any
portion of the East Anglian Railways. (No. 3.) For brunch
railway to the riveriNctie, or branch railway below Warhead',
with power to construct warehouses and for abandonment
of portion of Wisbeach, St. Ives, and Cambridge Junction
Railway. (No. 4.) For junction with the East and West
India Docks and Birmingham Junction Railway, with
branches to the northern and eastern line, the Stratford
and Thames branch, and a connecting line between such

branches, and enlargement of goods station at or near Devon.
shire-street East.
EASTERN COUNTIES AND NEWMARKET AND CHESTER-
FORD RAILWAY—For confirmation of agreement for work-
ing a linden of the latter by the former, with an option of
purchase.
NOIUOLK RAILWAY—For regulation of capital; power
to carry out arrangements as to Waveney Valley line, and
for working arrangements with lialeswortn, Beeeles, and
Haddiscoe Railway.
NuurH STAFFORDSIIIHE RAILWAY (Ni,. I)—For powers
to make a railway trout Sandbach to the Birkenhead, Lan-
cashire, and Cheshire Junction, near Warrington, and to
establish the mixed gauge thereon and on the North Staf-
fordshire Railway ; tur running powers over the
Birkenhead, Lancashire, and Cheshire Junction, the
Warrington, and Altrineham and Manchester, South
Junction and Altrincham, with power to companies
to make arrangements. (No. 2) fur powers to make rail-
, way and branches from Colwich to Wolverhampton and
Wednesbury ; to establish the mixed gauge thereon, and on
the North Staffordshire Railway, to complete part of the
Oxford, Worcester, and Wolverhampton Railway, and for

•
running powers on and making arrangements with various
other railways. (No. 3) for power to lease and make Cr.
rangements with the London and North Western Railway.
Sr. HELENS AND SOUTHPORT ItAttwAY—For power to
use East Lancashire and St. linens Railways, and London
and North Western, Lancashire and Yorkshire, and East
Lancashire Companies, and the St. Helens Canal Railway
Company, to contribute towards the St. Helens and South-
port Railway.
EASTERN UNION RAILWAY—For arrangements as to
capital preference shares and debts, for we of London and
Blackwall, and lease, ink, or amalgamation with Eastern
Counties. (No. 2) Extension of Time with respect to line
from Ipswich to Woodbridge.
EASTERN UNION AND GREAT NORTHERN RAILWAYS
JeNeTION—For a railway from Norwich to East Rercham,
and powers with respect to Great Northern, East Anglian,
and Eastern Union Railways.
SALISBURY AND YEOVIL RAILWAY.—For incorporation
of company, construction of railway from Salisbury $o
Yeovil, with branches to join the Wilts, Somerset, and
Weymouth Railway at Yeovil, and the proposed Exeter
and Yeovil Railway at Berwick, in the county of Somerset,
with powers fur the London and South Western Railway to
subscribe and guarantee certain payments.
BASINOSTOKE AND SALISBURY RAILWAY.—FOr incor-

pending a company for making a hne from Basingstoke to
Salisbury, and for purchasing the works executed by the
London awl South-Western Company.
EAST RENT AND MAIDSTONE RAILWAY.—For various
railways in the district of East Kent, with power to the
South Eastern Railway Company to carry out.
BIRKENHEAD, LANCASHIRE, AND CIIESHIBE RAILWAY.
For powers to lease and amalgamate with the Great West-
ern and the Shrewsbury and Birmingham and the Shrew,-
bury and Chester railways, or any or tither of them, and
for revision of tolls.
WYCOMBE RAILWAY—For amendment of act, extension
of time, reduction end arrangement as to capital, and
power to sell or lease to the Great Western Railway.
ALTON AND PETLIISFIELD RAILWAY—For extensions
from Petersfield to Havant, from Peterstield to Fareham,
and for incorporation.
LANCASHIRE AND YORKSHIRE RAILWAY—For regu-
lation of capital and creation of new shares, abandonment
of certain portions of railway, extension of time for purchase
of lands and completion of works in respect of Clifton
branch extension, and for sale of surplus lands and addi-
tional station accommodation in Rochdale end Liverpool.

_
MIDDLESBOROUGH AND GAINSUOROGOX RAILWAY-
Incorporation of company for railway between these points .
from the Middlesborough and Redraw Railway, with
branches to the Cleveland Hills, and making arrangements
with the Stockton and Darlington Railway.
SOUTH WALES RAlLWAY—Construction of New Rail-
ways to Milford Haven and to Newport, abandonment of
portions of lines from Fiahguard and Haverfordwest,
branch to Pemberton Ferry, arrangement with Taff Vale
and Monmouthshire Railway and Canal COM( any.
GREAT WESTERN RAlLWAY—Additional powers for
construction of Oxford, Worcester, and Wolverhampton
Extension, for purchase of lands to construct the Birming-
ham and Oxford Junction and Birmingham and Wolver-
hampton Railways, new lines, power to lay the broad gauge
rails on the North Staffordshire, between Wednesbury
and Dudley.
MANCHESTER, SHEFFIELD, AND LINCOLNSHIRE RAIL-
WAY—For altering certain tolls now taken by the North
Staffordshire Railway
_ on the Trent and Wry Navigation.
' STOCKTON AND DARLINGTON RAILWAY—For regula-
tion of capital, and increase and consolidation of acts.
NO/ITN WEBTERN RAlLWAY—Extension of time for
completion of works, purchase of additional lands, and re-
gulation of ca_pital.
VALE OP NEAT!! RAlLWAY—Extension of railway and
further works; further powers as to capital.
FRONK, YEOVIL, AND WEYMOUTH RAlLWAY—lnt:Or-
poration of railway, and powers of sale and lease.
STOCETON AND HARTLEPOOL, AND CLARENCR AND
HARTLEPOOL RAILWAY, WEST HARBOUR AND DOCK
Cowrawina.—Lease, purchase, and amalgamation.

THE COMMITTEE OF SPANISH BONDHOLDERS have
received from Mr. Weisweiler, their delegate, a copy of his
memorial to the Chamber of Deputies. Mr. Weisweiler in
that document strongly urges the injustice of Article 2 of
the lately enacted law for settling the public debt, inasmuch
as, by diverting the conversion of unpaid and overdue inte-
rest into 3 per cent. deferred debt, it reduces gratuitously
a sacred property to one half its value. He further so-
knowledge+ the sense of justice of the Spanish cabinet in
propoaing the modification of the late law in respect of the
overdue interest of the home debt, but complains that the
reduction of one half the coupons of the ra tire stock sheald
be maintained, and concludes by calling upon the ',lumber
to order the other half of the above-mentioned interest to
be made good In the Deferred Three per Cants., as is
I already decreed in the aforesaid law.

*AV) iintelliaence.

EQUITY COURTS.-YESTERDAY.
Itan:las 111 Lomas .lAurneira ur Arpsm.

SPARROW 0:71; aportD, AND WOLVY.R.

HAMPTON RAILWAY COMPANY.
The Solicitor.Goueral obtaioed leave to give notice of
motion fur to-morrow for an injunction in this case. Tho
motion is a renewal of a motion lately made before Vice-
Chancellor Turner, who refused to interfere for the reasons
alleged in the report of the motion before him in our im-
pression of yesterday.

SITTINGS IN I INONI.N.S-INN, likruNlß THU LORD UNAS,
ZI.:LUETA V. VINENT.-INJUNCTION.

This was an appeal motion from an order of the Mater
of the Rolls, refusing an injunction. The plaintiff, after
filing his original bill, obtained the common injunction to
stay proceedings at law. The defendant, Whe was in
Cuba, filed his answer negativing the equity set up by the
plaintiff in his bill, and tile injunction was, on the 13th of
last January, dissolved. The plaintiff on the 23rd of the
same month obtained leave to amend his bill by in .king his
right to relief depend upon the law of Cuba, and the cus-
tom of trade between this country and that island, in addi-
tion to that of a contract allepil in the original bill. On
the 19th of March the plaintiff obtain. d, as of course, an
order for the common injunction fur want of appearance to
the amended bill, upon affidavit of servico of the
subpecna, and on evidence of no appearance having been
entered ; this order was discharged by the Master of the
Rolls on the ground of irregularity, hence the present ap-
peal. The case was heard alter Trinity Term, and was
argued on the first day of the present term, and on
Tuesday.
Mr. Roupell and Mr. Shadwell were for the appellants,
and Mr. Loyd and Mr. Wilcock fur the respondents.
Mr. ltoupcll having now concluded his argument in
reply, the Lurd Chaucellor took time to consider his
judgment.

WARD V. MARTIN.—TITIIRS.
This was an appeal from a judgment M Vice-Chancellor
Knight Bruce. The plaintiff, as Vicar of Hawley, tiled a
bill in respect of certain tithes, or peas and beans, which he
claimed as incumbent of the parh.h. The defendant de-
murred on the ground that the plaintiff had been a party
to an information, in which it had been held that he was
not entitled to tithes. The plaintiff replied that he was
not a party to the information as Vicar. Ilia Honour the
Vice-Chancellor held the dt mercer to be good, hence the
present appeal.
Mr. J. Rumen and Mr. Melina acre now heard in sup-
port of the appeal, but the argument was Out cuncladed
when the court ruse.

Ilman Ttcw.eniANcouna TuENEE.
HEWITT V. LUOSEMOILE.-131110141TY BETWEEN
3101tIOACJEEri.

This case, which wasinirtlteL4on Tuesday, way con-
tinued this morning.
Mr. ltult and Mr. Giffird appeared for the plaintiff; and
theSolici•or-Lieneral and Mr. Speed for the defendant.

The short facts of the ruse were as follows :—The plain-
tiff and H. Loosemore wore co-trustees of a sum of 1,706/.,
and It. Loosemore being a tanicitur, the plaintiff lett the
money in his hands for investment; but, finding that it had
nut been invested, he took as a security the deposit of a
iCalla and a promissory note from his co-trustee. IL Loose-
more afterwards made an assignment of this lease to the
defendant John Loosemore, to secure a suns of 31101., and
upon being wilted fur the lease said ho had mislaid it,
and would baud it over on another day. The defendant
employed uo solicitor in this trikcietiou. It. Loosemore
afterwards became a bankrupt, and the defendant entered
into possessien of the premises, and the present suit was
brought by the plaintiff praying that he might be decreed
entitled to priority over the defendant and fur foreclosure.
The plaintiff contended that the defendant hail acted with-
out due caution in lending his money without Mimi:dug the
lease, and that he must be taken to have had constructive
notice (Atha prior encumbrance. It woe contended for the
defendant that he had advanced his money, mid obtained a
good legal title, mud that upon the authorities that legal
title could nut be defeated by the innissiou to obtain the
lease.

Turner mid the case was one of so much
importance and the danger of dropping any loom observa-
tions in such a case Was so great that he would tate time to
look into the autiniritks and the pleadings.

Barnaa Vi

.

BUILBIDOE V. CoTTON.—IMPoILTANT DBUSION AS TO
FILIEN OLT SUCI ET I ES.
In the year 1815 a society was formed called The Frugal
Investment Association, which was announeell to have been
established pursuant to the 4th and sth William IV., c. 40,
an Act to Consolidate and Amend the Laws relating to
Friendly Societies. Its rules were duly certified us being
in conformity to law, and the provisions of the act,
10 (aurorae IV., c. ,ffi, as amended by 4 and 5 William
IV., c. 40, by Mr. J. Tidd Pratt, the barrister-at-law
appointed to certify rules of savings banks, on the I Ith
of August, 1815. By the first rule of the association it
was declared that the objects of the society were, to accu-
mulate and employ the savings of its members, and there-
with to assist those of them who might need immediate
pecuniary advances, either to carry on their pursuits, or to
promote any other laudable and legal purpose.
The first meeting of the association was held
on the 2nd of September, 1815, and its future
meetings were to be held once in every succeeding month.
By other rules oh' the association it was provided that every
member of the association was to commence at the first
meeting to pay his subscription money of 11. per share ter
each share he might hold, and was afterwards to pay the
same amount of subscription money at every succeeding
subscription meeting fur a period of eight years and four
mouths, by which time it was estimated that 100/. would
have been subscribed upon each share. livery member
neglecting to pay his subscription was to be fined for each
subscription ita arrear according to a table of fines which
was subjoined to the rules. Those who might join the asso-
ciation alter the first meeting on being members should
subscribe for an additional unmanr of share., or should
purchase forfeited shares were to pay Su full amount of the
subscriptions for such chores from the commencement of the
association, together with such further hunt as the directors,
from a calculation of the current year's profits, should
consider reasonable. The funds of the association
were to be divided into two portions, to be re-
spectively called the "subscription fund" and the
"dividend fund." The termer lucid war to Consist
of all monies paid as subscriptions upon the shares, and
the latter fund of all monies arising from i.CCF, fines, for-
feitures, premiums, and all other receipts than those for
subscriptions. The "dividend fund" 'CO to be applied
first in paying the expenses of the association, and, after
making good all losses, the surplus was to be divided among
all the members, whether they were borrowilig members
or not, sail was to he divided between them as some as con-
venient after such annual acncral meeting, but it was pro-
vided that no holder of shares on which any arrears were
due should be entitled to any dividend for that year. At
every meeting far advinices to aharchulders of the value of
their shares the directors were to offer fur competition one
share of Mt., at a reserved price, to be fixed u:ion by them,
and the member who offered the highest premium for the
immediate advance of that share was to be ceelared enti-
tled to the advance, and wan to be at liberty to
have advanced to him, at the same tee of
premium per cent., any additional sum not ex-
ceeding the amount of 201. shares on his immediately
announcing his intention so to do. Those members who
had the amount of their shares at once advanced to them
were said to anticipate them, and were to give security to
the association for all payments to become due on the ad-
vance. The premiums agreed to be given by any member
wishing to anticipate his share were to be paid by him in
equal monthly payments during all the remaining existence
of the association. It was provided that each member who
anticipated his shares should after receipt thereof pay the
sum of its. per month as interest fur every share he should
hold, and was to continue to pay the same interest during
the continuance of the association in addition to the pc-
riodical subscriptions. The interest of Bs. per month upon each
share advanced was to be designated "redemption money."
The shares in the association were nut to exceed 2,000 in
number, and tie duration of the association was limited to
the period of eight years and four mouths, when the pro-
perty of the association was to be divided among its
members.
In the course of February, 1846, about five months after
the association had been formed, Mr. Edward Burbidge,
then a solicitor in Hatton-garden, since deceased, became
one of its members by paying an admission fee of 55., and
ho agreed to take one share. At a monthly uo eting, held
subsequently, on the same evening, shares were offered to
competition between the members. The anxiety to obtain
advances was such that one member engaged to give a pre-
mium of 761. for an advance of 100/. Mr. Burbidgc on
this occasion agreed to give a premium of 73/, per share of
1001., and took two shares of 100/. on those terms. Ile also
ad to take three other shares at a premium of 711. per
share, being in all five shares, forming • total advance to
him of 5001. In April, 1816, an indenture was executed,
by which be secured to the trustees of the association the
repayment of 4001. (part of the sum of 6001. agreed to be
advanced), together with the premiums and the redemption
m, payable according to the rules in respect of the
41110 an assignment to the trust of the association a a
. trusts
d house which he occupied in Hatton-garden,and two
of assurance on his life for 200!. and .3001., with
leslit and British Mutual Life Assurance Societies. The
permit of the premiums and of the sum of 4001. waa to be
lamb by equal monthly instalments, extending over a pe-
riod of eight years, and during the same period Ma. Bur-
bidge undertook to pay 11. Ids. per month by way of in-
terest. The remaining lOW., balance of the 5001., agreed to
be advanced to Mr. Burbidge, was advanced to Mr. Bur-
budge in July, 1846. The repayment of this sum with the
premiumand redemption money, payable in malice' of it,was
secured by an assignment of a policy of iteeurewcio levee the
life of Mrs. Burbidge, a widow lady, the hitter do-htw of Mr.
Burbidge, now his executrix, and the present plaintiff,
effected with the British Mutual Life AMITILSeIt Office for
1601., and by a fine charged on hit house in Hatton-garden,
and the two policies then already assigned to the
trustees of the association for securing the loan of 400!.
The sums actually secured by the deed of April, 1846, were :
92 monthly instalments of U. per share on four shares
(eight months of the society having expired), 3681. ; 92
monthly payments of Bs. per share king redemption or
interest money),
1471. 4s. ; premiums or bonuses (payable
monthly), three at 711., one at 73!., 286/.-8011. 4s. The
sums actually secured by the deed of July, 1816, were : 89
monthly payments of 11. each (11 months of the society
having elapsed), 891. ; 89 monthly payments of Bs. redemp-
tion mosey, 361. 125.: premium or bonus payable monthly,
731.-1971 Mu Making a total of moneys securest by both
deeds of 9981. 16s. Mr. Burbidge fell into arraig *Blythe .
payments to be made by him, and the trustoei Of Hit alga • •
elation, on the 24th of May, 1848, distraino4 upon hint fot . •
•
. .
.
.4.4

t

11

of the were to do •• I
the """"(21. 31 in
elegin the lath the the following 1
given them by the see unties.
month Mr. burbidge died, ni..l the ardiscnth teplaid
it death
hislchtc-
eentriz, paid 101/. 13..
emote., of the aseocieiMn, oton geMtr.nßur of
bidgeffdestaih,wirteh.
Wid the 2001. end 3001. under the policies e ee
they Sun and Ibitislt Mutual Life Assurance
la addition to the;,Ala they ecevived:Pone Mr. Burbidge
ha his lifetime sums amounting to 2eth. 2a. 9d., so that
prior to December, 1818, the association had received alto-
Other &SS/. Ifa. 6d. In December, 1848, Berhisige's eat-
Writ desired to close the account with the society, and
the society then claimed a balance of 1631.9 a. 10d., as a
due from the estate of Suffrage. The plaintiff then Sled
her bill against Mr. Cotton and two other persons, as the ,
trustees of the association, to whoa the securities had been
given, and after stating the above eircusestrams, charged
tut as the members of the amoriation wen more that
misty in number that it was impossible, without the
Inconeenience, to make them all parties to the nit, Mart
all the members had a common inter at, which was
b repro-
ssatedil7 the trustees, the three defendants en the raised.
The prayed that an account might be taken of all
srasies advanced to Mr. burbidge upon the semiriittf
Ns berms in Hatton-garden, and of the three
is the Sue and Bridals Mutes Life Mumma 8e- .Osiod
all monies which the deiendants had been repaid,
In respect of such severities. and that in the event a such
.1110Sille eau-raise the amount admiral to Mr. Hartide,
together with interest at M. per cent. per annum, the the.
gendsnts might be ordered to repay the amoral et such
mem to the plaintiff, and to reassign to bits the louse in
Hatton-garden and the polity upon her life, oe that the
plaintiff might be at liberty to redeem the pa dose =net-
gaged, and for an injunction. The defendants by their
*newer insisted that the useciation was duly einatitutell
radii the 4th and of William IV. as a friendly society,
sad that the dunned Mr. Barbidge was nee of its mem-
bers and hound by its rules. The defendants insisted that
the murales was not usurious, being protected by the
Friendly Societies Acts, sad alleged that all the members of
the society were aseniary parties. The case was heard at
great length as the 10th sad Ilth inst.
Mr. Russell and Mr. Southgate, for the plaintiff, sub-
mitted ant, that the contract was altogether is snots, that
It was for • security for the repayment of moray with more
than .1/. per cent, with a chafer un land, and that the society,
not being a building aunty, and having a periodical divi-
sion of profits, it WWI contrary to the prim:rates en which
building ...teens were eiundi..l, end the usurious contract
could not be sopported. Secondly, that if the association
wen a properly constituted 'Gritty, it was so only in form,
that it was an aseiciation of rich men with poor men using
the forme of a society as a colour to evade the laws against
usury ; and thirdly, that in fact it was tot • friendly society,
and that, dim...tone consisting in it slid of 180 members, it
WHY a society. within the Joint Stock Registration Act, and
that net bayou been registered in pursuance of that act, the'
association was Made by relines enutment illegal. They cited
" Silver v. Berne." (6 Bingham, 11t6), "R. v. Scott "
(6 Jurist, 473), " Dukes v. Stanhope " (14 Sim., 67), " Lost
v. Verge" (2 Sim . 305), " Walworth v. Molt" (4 Mylne
and Cr., 619), " Itiehardenn v. Meetings " (7 Bea., 313),
" Drains., v. Hewkes" (It Sim., 017), " Morley v. baker"
(6 Han, N 7), " K. v. Phillips" (ti (lueen's B. R., 745), and
"Cullen v. Kingdom " (1 He., 491).
Mr. Bacon objected to the bill fur want of pasties, insist-
ing that all the member' of the as.oeistion ought to be
parties to the suit, but his Honour reserved the point.
Mr. Baton, Mr. Malin., and Mr. Prendergast, for the
defendants, relied upon the ease of " Silver v. Barnes,"
which they said was nit distinguishable from the present.
In ord. r to vitiate the transaction ae usurious, it was
nenseary to chow that there was an obligation
on the part of Mr. Burbidge to pay in every
event more than rd. per cent. interest on the adverse,.
One of the rule+ of the society being that a dividend fund
should be accumulated, cut or which dividends wire divi-
sible annually, it was impossibly to say with certainty bow
much those dividends might reduce the large interest which,
on the fare of it, Mr. appeared to pay ; and in
fact Mr. Burbidge, in his Mitime, hail received in respect
of his five shams 7s. fel. per share for the first year's divi-
dend and I/. lies lid. per share as the second year's divi-
dend, and Mrs. Ilurbelge was now entitled to 2[ 16s. Gil.
per share for the third year, and 31. Is. per share for the
fourth yenr. and 41. per share fir the fifth year, and
61. 7., per share for the sixth year, which she might have
received but lit( the present litigation. As to the objection
that this wan a colourable use of the Friendly Societies Act,
it was unsupported by evidence; and with regard to the
objection that this society was illegal, not being registered
under the Joint Stock Companies Act, the society being
certified under the Friendly Societies Act, was expressly
etlwld from the operation of the Joint Stock Companies
Act by one of its provisions.
Mr. Russell replied.
Ilia Honour having reserved his decision, now (Wednes-
day), d..1,v,11,1 hi- judgment. Alter stating the nature of the
tell, and the question raised in the muse, his Honour said
the can " Silver r. 1.411111118" was a direct authority that
an advance out of tho fends of am association of this kind,
made pursuant to its rules to one a its members, haying in
0001111.011 with the other members an interest in the fund
out of which the id sauce was wade, and in the money to
be repaid by him, wu not akm If Emmy. hat • drahng
with the partnership fund, and woe net imam ; he was
not aware that the authority of that our hod oar been
doubted. It had been referrid to so la by Mr.
Harm Parke, and be considered that • dahlia by a
court of law on such • subject was Maim ha this court.
The plaintiff coatended that the toormaties, if art actu-
ally touneu., was • Mere shift send ream to Mate a loin
to barbelse at usurious interest, under Mare( his being
• member, that he was nut boa Me • mabor when the
transaction took place., and that too ansation itself amp
misted of a small number of arearadmehiessids poverty ,
who git op and joined it in orate to he maisi loud
their moneys at usurious interest to mom is needy cir-
cumstances. Of this aunties there was no mad
Sar-
badge became • member on the Mith of February, 1846, and
he thenceforth became entitled to all the benefits and sub-
ject to all the liabilities of a member. At the same meeting
lre became entitled to anticipate his shares, and engaged to
pay the premises named, but the transaction wee not ono-
plated OR some months afterwards. Ile doubtless biome
•setraber for no other purpose than to avail himself of the
rules eatitling members to an advance in anticipation of their
shares, but if the object of these rules was lawful, he saw
ea reason why he should not do that. The Gray question
appeared to be whethir Burbidge really had become a
member, and this his Honour thought was clear. It
appeared to his Honour, therefore, that the plaintiff was
not entitled to relief on the ground of usury. The
plaintiff next coutended that the society was illegal, and
that on that ground she wan entitled to relief independent
Of anything usurious in the contract. The plaintiff con-
terekel that the society was not • friendly society, and that
ha make it a friendly society its object. must be among
these contemplawd by the set 4 & 6 Will. IV., esp. 40,
sec. 2. And the plaintiff plied on those enactments as
establishing that the association was not • friendly society,
and she contended that if it were not • friendly society it
was • joist-stock company, within the Joist-letork Regis-
tration Act, 7 t N Vie., c. 110. The nesseistisa was not
legietered pennant to that act, and the plaintiff contended
tut sit scald not therefon lawfully carry en business or
ester into any valid eastreet. His Honour thought that
this part of the plaintiff's am would have required
attention if the question alio legality or illegality ortat
society meld be isaratetid in that cult • lout he did nit
think Hitt that gated= moo in ads wit, or that
the court could prepay mom an apiahmt *pen it.
On the rrpprodi that the aseselatios was illegal,
it night 1111011•111 y be soled bow that mid entitle the
relief she Med. Her ass was this, the
eiNatrafariar. so die relief
with a amber of abler beam SIMPT
bees et • misty diasibro the
so
epee, adalwary that her trastotos eimotasto war warabieht ; but,
state masker ve a ada rig. sad it
seeM net be sonsidemed *dweaoeha t d hat one member amid
law an admire over the others by heal the
wady ea tbe Mae of beteg festered se his
Yen TM pissing bail am Ma the mut he Mart •
the read that the satiety was Mewed; oho woo liar
hoe beard es iho Some her oak ea he enable Ist ma, if it
inched u WI, to wind moths usessitia in a name,
atieteu with the eights et all the ossabses. This bill
hod so ash aged, andos regardsd that part of the ow,
his Hew thought !anal not be suaniaad, sod dismeod
the tell with Neb.
swim

IT. I.

v. Too Las. or PORIS.-4
WANT OP Postins.

Tito csou as easpa sit eidonlaT6x at et ass.
The tad woe find by cora asholises is ths Ibrophiat
tietoo Ca sad gado. Caw ay spat fa Mesa
at w apay. to thin I.w spjruthe lkai
atthe
ia • are ladden pounce.
itosZot• sen et_
insert unearg to about
enpoody bees sawed to dto ease* by
ths lashorpos Lora Catalano. whisk lief wee do-
time et IPtinl.ttlitid. ma arm' ID MOSSO oak at. 100,
pupa rasa et di. per nat. (to oda amen esti.
Sod)k the ant das epee the matt. This
it ores diessoend would a die estara
ANIL ; ea opplitados was made to dot 45
saps Amass Camay to ran wia
order a tbe Loa (liana's= Melt be pia off. Tbs
Segel Image Oases speed to edam dr gay
oak admilins
r"atitats4=lll"..c4=digm. Ime
e des
sheoshass, la SION MON
ths geneatee epos hai ths able Magi
be ad to the
cosopsay and to as apse
Ths nongsses wen aseeringly sand.
am objected tan tbses mortgagees unpin le be
inesierain to tie bin, which sew amid Wady seths
that it aid be slat sees to wake se ay
pea partite to • bin, sad a tho relief noipt woe
spat the diresten ths campsay sad set the
ant.
garrWilkeek sepperted tho elledies he a et per
t.. sad Mr. J. M...5l d /tr. 111 waited Ike the WI.
Th. Vice-Cheaseder laird abet the Istosseisa awn b.
allow/ It was clondabo hsiaalobdallats-
taM llats-
ia tin gaga nisei. sad lair debts said an be dis-
posed ot is tbar shows. It woo ten that vest express
sod iacasesideass use au red by soak* so lay per-
NM partial SO a ni t it was better to do that Ulm
telsresto
le doesde bellied their • qua •to which they wen
d.

COURT OF QUEEN'S BENCH.—TurEmy.
awns.= Osaos.—sows Loss Croons, ks Pomo PArnows,
Ns NIL Jwnes Coisosso.
Toe QVIEN ir. TWO MAST= AND FOLLOWS OP TON Doz..
wion Couaes.--lonommorr.
Is tMe arm s We meet Ot WM* wag gives is paw-
days Ibpros, sal witty
qmooks Mae I ambic vim aroma es Nsailay. SIN
ISOWS•Ow sawjedwiteA. as
relsrais vibe in the ehosiis of the wads* ell the
Ms

Lord Campbell said he was of opinion that the court nes t
bound to give judgment for the crown. The first question
arose upon the construction of the statutes, and, looking at
them, he could entertain no doubt on the subject. By the
secoud statute the founder of the college declared that'
there should be " ail assistants touching the order-
, lag of the said college, an I the duties, um, and
maim thereof ;" and he afterwards said that those
eseistants were to be the churchwardens of the three
of St. Saviour, Southwark, St. Botolph, and
CrbGiles, Cripplegate Without. There being those six
assistants, they had next to see what provision the founder
made for the election of the warden, and that was provided
Ate La statute 16, whereby he declared that upon the
day of the election of Me warden the master and as-
detests and fellows "--elawfwg the mistrials and the
Misers in the mem earmgerpt• after all or the most part
of theta have been swimisisti, shall decently and in
order go to the Merl, sad there, alter service,
proceed to the decibels of a new warden." Who
were to proceed ? The " mistasts and fellows." Afte r
that the senior fellow them mead Moll publicly and
audibly reed such end so of the beim recited orders,
as do express of what aadfliw and quality the person
elected ought to be, and after that the electors shall make
the said eleetiou." Now there were no electors pointed out
any where except in the 15th and 20th statutes. Well,
, then, who were the "electors " who wire to proceed to the
election ? The founder, instead of saying " and the said
fellows and assistants shall make the said election," said
" the electors shell make the said election indifferently,
without partiality, favour, or affection." Upon that he
could entertain no doubt that the assistants had a voice in
the election. They then came to the 20th statute, which
provided for the contingency of the office of master and
• ardea being vacant at the same time. " That if both the
places of master and warden shall happen to be void at any
one time, the senior fellow then present shall, within 24
hours, give notice thereof," to whom if not to the assis-
tants ? There would be no occasion to give such notice I
to the fellows who were in-dwellers of the college, but to
the assistants who were resident several miles off, " to re-
pair to the college three days after to join with the fellows
en the election of a new master who should be in all points
as formerly described in the election of the warden."
Here there was iut express declaration by the most
positive Unease' that the assistants were to join with the
fellows in the election of a new master. What the fellows
did the assistants did, and the election was to be their joint
act. This language was so clear that Sir F. Thesiger
acknowledged if the question stood on those two statutes
alone it could hardly be disputed that the aasistants were
invested with the elective franchise. But, then, reference
bad been made to other statutes to show that it was not in-
consistent with the in'ention of the founder that the
assistants should have a voice in this election, that another
interpretation might be put on the words front that which
naturally would be given to them. He could not, however,
discover anything which showed that it was not the intro•
thin of the founder to give a grammatical construction to
his words. It was said that it was improbable that he
should call in the churchwanlens of the three parishes in
question ; but churchwardens, at that time of day, were per-
sons of the greatest local eminence in their parithesond they
might well be qualified to assist the fellows in coming to a
right conclusion in the election of a warden. Then the
court was called upon to look to the oath as being inconsis-
tent with the weistante having the elective franchise. It
was silent, however, on the subject of the electiuu, and there
was nothing in it in the slightest degree inconsistent with the
assistants having a voice in the election. It merely enjoined
obedience to the statute' by the assistants, but those statutes
provided for the election ; and it was worthy of observation
that in the oath of the fellows, who it was allowed had the
elective franchise, there was nothing said about the election,
the only purport of their oath being that they should obey
the statutes. The court were then referred to the 41st
statute, which deserved to be well considered. It was in
these words : " The offices of the assistants. That the as
siatants shall twice every year repair to the college to hear
and see the audit and view the accounts of the warden and
others, on the 4th day of March and on the 4th day of Sep-
tember in every year, and also be present at the college
when the master and warden shall be elected." Now, that
seemed to him to confirm the interpretation which he had
put on the 15th and 20th statutes. It pointed out an im-
portant part of their duty—that they were to be present at
the college when the master and warden were to be elected.
If they bad other vocations, such as holding the box in
which the blanks and the paper with "God's gift" upon it
were plated, then it might be supposed that the were to
be present for such purpose ; they had, flowerer,
nothing assigned to them but that they should join
in the election, which was positively enacted by the 15th
and 20th statutes. It seemed to him, therefore, that
the just interpretation was that the assistants were to have
a voice in the election of the warden. If there was any
doubt on the subject, which he did not entertain, usage
ought to be regarded, and it appeared that the assistants
had, from the time of the foundation of the college, voted
in the election. if that usage had been contrary to the
express words of the charter, or to the ordinances and bye
laws, it would go for nothing ; but if it was consistent
with the charter ordinances and bye laws, it
went to confirm the interpretation which he had put
on the intention of the founder. But then it bad been
argued, that if such were the intention of the founder,
eftil what he had done was contrary to law. Now,
tapes that the facts wire that a charter being granted
leg Min crown to William Alleyn to found his charity, and
es =ha statutra and ordinances for the maintenance and
=
t thereof, in 1619 he founded a charity and ex-
it, hut did not make ordinances at that time. In
Meyer 1626, however, he made the statute.; and he (Lord
Ormillooll) apprehended there could be no difficulty from
the Lapse of time. If the founder had made the statutes
the day after the deed by which he founded and endowed
the college, it could not be said that the lapse of time had
prevented him hem exercising the power, nor could it be
said because six or seven years had elapsed. But
then it was said that the founder hail no power
to give to the assistants a right of voting for
a corporate officer, they not being corporator'. It was
quite clear that the founder, after he had founded the col-
lege, hail no right to alter the constitution of it, and, indeed,
that was defined in the charter itself, because the charter
Atom James 1. provided that there should be one master,
wain warden, four fellows, and so on ; and that being so, the
Mader could nut have added to the number of the corpora-
tes;( and much lees could he have done so when he, follow-
ing the language of the charter, had provided by deed that
Mew should be one master, one warden, four fellows, and
WI N. But although he had not the power to alter the a-
toma of the constitution, and add to the corporator', be
might well do whate‘Tr was necessary for the asainteamee,
=tion, and regulation of the charity which had been so
• and the power which the crown had given to him
vested in hint. Sir F.Thesiger relied on the" King
sod Md." which showed that after the constitution of a cor•
bed mice been legally arranged, a bye' law to intro-
Alta who was not a member of the corporation
weal be void. That ease had been well decided, and he
(lLwefiOneephell) bowed to is authority ; but in the present
aim mil the statutes and ordinances of 162 e were made,
OM game had met been exercised by the founder—there
la bees we aria provided for the election of the
weeds sad other officers. For the first time it
wan exercised In 1635, sad in the original exercise
of Ihe power, the founder declared that six assistant, should
lase a voice in the election of the warden. No authority
bed been brought forward to show that such a power might
set be exercised by the crows. There were various in-
ternam in which members of a corporation were named by
*OW who were not themeless members ; and if the crown
Mil have done it by charter, the crown in this instance
=me given it to the founder of the charity, and his
emel ordinances might be considered as embraced in
and sanctioned by the charter. Sir F. Thesiger relied on
the statute 33 Hen. VIII., cap. 27, the application of which
be (Lord Campbell) could not see. It merely applied to
the grai.ting of leans by corporation', and provided that a
leinnrity should not prevail over a majority ; but he did not
me hew it could mist the court in teasing to a right eon-
elmion on this matter. There was a distlestion to 100 when
between the aasistants with a voice la the *tedious, sod the
el eaten who were added by the weed MMus& They
wiwe put on the same footing with the fellows—they were
to have all the same power, they were to have semehments
oat of the funds of the corporation. and were to be emai-
bred as members of the corpesstics. But In 1026,
the *nada had se power to miter the cometits-
taw of die tarpaulin', sad to add ehemmtem es maim
of the esgeratiee, them homing broom moth members be.
1M; mid the ether members of the semeration had that
a mead tight is the fools with whisk the dimity bad bees
mimed. Ile we the yaw of the soblest tam be Lard
lag, who desiered Ma she heisike awl II ma eY any
poems to the eispeeselem, but dot be meld as-
sigmas to the empasties ; and be, ihsedoe, thet
the sharchwerdem of Wm lodine la gswilna oil their
seatessen Meth be edmaled le be asitimes of the esrpe-
' wits 'eseorang to the eoliesems. Urn was • seism&
siemainetsmoo a awe et empaiestjusiaiisties. the the
emiames wove Ind mmited.-ehot their harder Were well
adllol-4011 that they ore& Ism imam be modes them
sr 614WkWin, ID mama le MI% dwe, boa wish
41 die moolog et the atiestes sot this OD W4110.111=
isolaser, do die wort bet the et Lod Cbmosti-
lir Zig he prisms*. ths4 the won lasitiod
to woo NI the &mobs et owls and ter these reams be
thoeghtthe Aim role Aar a permegemy umedemos ought se be
mole absolute.
ire Mr. Justice Patten& and Mr.lueties Coleridge osocurred.
WOW

BALL COURT.—YESTEILDAY.
amass sr Lim% —Buena Xs. So nn Eau.
MOCONDCCT ON AX AITORNICT.
la
bet4Pailary, Q.C., moved ea Waif Of a lb. Ball, a
Wulast/sett Maas*: orals oalliai sa sa
Maw hid natant to show aeon w be abseil est be
oat* aff the roll. It waist Mat Y Meet% IW,- Kr.
Yeakwhiingtookalaby tbo mistime ohms lonsehohl....e
peaty the lase OM. maid to the attorney fa
who obtained the amount bum a Malin of his. Is7r7ga
rahemeently, with Ito waseed of the anortgages, sold see
of dolmas bribes' 7104 ma al midi the
rewired SOL. sad the amatiam woo le how=
L Amok 1840, oandber at is ltw was s.l as a Ms.
Paws, wits elaslair eirsearimse, he phi& the maw
'mead of hoary was paid. TM gnaws past at las
mow Mb sassived was pad to the Mt be maw
the, who was to head it sew to the ipapes. wad
ho woo oho Raid 20/ it Ms eon saws la dr Imessika.
lie lrsasiai Mao. /Naos lle 411111111110 die eimispeeto Oehler
behno the nessigegas bat it. asittas Maimed the
dial lee doe purpose al ~whe his mob% iiihe
E)atormoNors. astalpeas astargassily died,
assolase. awl It luessi sat the the siestasy,
tbs way *lb width how ea.
Inaand, bras% at be had dam safewlethstad
It to Ms ova lash hal swat anyhheal the deals.
.11a min af bed bun *aim die assawswir,
awl Mi. DA boas ONO to whams.isaa WU, as

we 11 as to pay back themoney which he had received in to
spect of the homes. The attorney having refused to coo
sent to any terms binding him to refund the money, and
having also re.ed his intention to apply for relief to the
Insolvent Co art, it had been deemed necessary to seek the
interferenc.• of this court.

eqURT OF COMMON PLEAS.—YssrERDAT.
/raw za Baron.—Basoas Omar lumen JzanTs_ Ma. Joirrica
ILuna.MaJasnin WILLA!, AND Ila. AMMO% TAIJOVID.
The evert was occupied all day in hearing cases in the
special paper, none ef which were worthy of being re-
ted
por.
ammo at Km Paws is Losont.—Dsioss Ma. Jams
CZNININSLL, AND • COMMON JUST.
BCSINP.6I OP THI COURT.

The court sat—this naming for the purpose of dieticians
of the business of the second London sittings in term. The
paper contained 13 muses act down for trial, but two of
thus ars to be tried by special juries. In several in-
stances the records were withdrawn, and only three PM
were tried.