The Express.
London, England, 1853-05-02 00:00:00

EXCHEQUER CHAMBER.—S.►TraD.tY.

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Ammo is Lagoa.—Pasolorr—Tas LokD emir JUSTICI or rite
°DIMON PLIAS, Tin LOBO Celt, BARON. B•WDS PAWL!, PLAIT,
AND Mains, AND JVcricas CLUSWILL AND WILLIAMS.
The mustiest taday upon erronfront the Queen's Bench.

THE GREAT W6ll TISEN RAILWAY V. THE
LIABILITY or RAILWAY COMPANIES TO COMPLETE
THEIR LINES. _ _

A mandamus was issued commanding the company to
make a branch railway from Twivertou Tunnel, in the
parish of Newton St. Loe, in the county of Somerset, to
join the line of the Wilts, Somerset, and Weymouth Rail-
way, at Itadstock, in the same county. To this writ the
company made a return that they had not entered on any
lands or given notice to take lands for the purpose of
Imaking this branch, and that they had not funds to enable
them to make the branch. The prosecutor traversed the
return, and a verdict was found for the Crown at the
lamenet summer assizes, lull. There was • demurrer
W part of the return ;het it was not the fault of
the company that the money had not been subscribed. Mr.
Fitsherbert was heard in support of the demurrer, and
Ile F. Kelly argued on the other side. The Court of
gwilea's Bench held that the prosecutors were entitled to
tileat. The statute imposed an obligation which might
erlreed by mandamus. The return did not show that
the company had been able to obtain the necessary
subscriptions. If, when the writ issed, there was not time
to make the branch, that should have been returned. In
the absence of such return, the court must assume that
when the writ issued, it might have been obeyed. The
company could not fall back upon their own wrong, and,
therefore, a peremptory mandamus must be awarded. To
this there was a writ of error.
Mr. Webby, for the crown, said he had read the judg-
ment pronounced yesterday by their lordships in the case
of the York and North Midland Railway Company, and he
gleaned from that judgment that the words of the act were
to be considered as words of permission, and not of com-
mand ; that each acts were not in the nature of con-
tracts; and that the companies were not compellable to
proceed to make the line simply because they bad done
some work under the act. But he contended that in the
present act this branch mint be considered to form part of
the whole line. It was not the case of an act giving powers
to private parties to construct a railway, but it was • power
given to a corporation already. constituted. There was a
distinction between the permission and the duty. The
words " shall be lawful" must be construed as obligatory.
Mr. Butt, for the plaintiff in error, urged that this act
came within the ja lginent delivered in the case of the
York and North Midland Railway Company. The act
enabled the company to make the branch, but aid not com-
pel them to do so.
The Chief Justice said the powers had expired before the
peremptory mandamus issued.
Mr. Welsby—Bat not when the original writ issued.
Mr. Butt still urged that there were no obligatory words.
The court held that the care came under their previous
decision, and therefore reversed the judgment of the court
below.
Tux EASTERN -

COXPANT V. THIS CIVEEN.

This was a seise facia., at the butanes of flir Jaml

Week*, to repeal • charter incorporating a trading com-
pmay. The charter directed, amongst other things, that
the ocimpany should not begin business until it had been
certified to the President of the Board of Trade, by at lest
three oldie directors, that at least one-half of the capital
had been subscribed for, and at least 50,0001. paid up. The
charter contained a previa," that in caw the corporation
should not comply with any of the directions and conditions
in the said letters patent contained, it should be lawful for
the Queen, by any writing under the Great Seal, or under
the sign manual, to revoke the charter, either absolutely or
under such terms or conditions as the Queen should think
fit. The declaration in the scire facia, which was at the
relation of a private prosecutor, contained, amongst others,
a suggestion that before the company began bitainesa a ces,
titivate was given by the directors that 50,0001. had been
paid up, which was false in fact to their knowledge. and
this suggestion being traversed, the verdict of the esset et'
Queen's Bench was found for the crown. There was then
• rale to arrest the judgment, on the ground that the de-
claration did not show that the Queen had, by writing
under the Great Seal or sign manual, revoked the charter.
The court being divided in opinion the rule dropped. A
writ of error was then brought, and the matter this day
came on for argument. The arguments were not concluded
at the rising of the court.

COURT OF BA]
Ban' Ma.

Y.—SATURDAY.
Gotinviax.

IN 13 WILLIAMS AND MASCHANT:TIMS OXFORD,
WONCISTRZ, AND WOLYNAMAILPION RAILWAY COM-
PANY. _ _ -

---
The bankrupts were railway contractors, of Great George-
street, Westminster, and other places. This was the cent-
floats meeting. The items of the accounts have already
been published.
Mr. Lawrence, for the assignees, mid he was instructed to
offer no opposition to the bankrupts receiving their certifi-
cates. The creditors. so far from offering any oppo-
sition, prayed the court to grant first-class cetilleates. The
failure had undoubtedly arisen from unavoidable losses and
misfortunes, u the company wielded a power which might
be oppressive and crushing, unless exercised with forbear-
ance, and which was pushed in this case to the uttermost.
The Commissioner—lt is only necessary in this cue for
me to say that I concur in every remark which has been
made by Mr. Lawrence, who, though solicitor for the assig-
nee', has felt it his duty, as it certainly is, to state the case
most favourably for these gentlemen. I think they are en-
titled to every favour which can be shown them by this
court. In the course of my experience—net a very short
one—in matters of this description, I
MS in which theconduct of the bankrupt' huhu. themegh-
out more commendable than in the present, or In width at-
tempts have been so clearly made to overpower *la by
might. Looking at this case from first to last, it ressives
itself into an attempt, by a very powerful and lallasatall
body, to crush two men against whom they had net the
smallest ground of legitimate complaint, and, by the
of their purse and influence, and indeed in
first instance by brute force, to overcome and nil*
them, instead of doing their best to make amends
to these gentlemea for the abrupt termination of the works.
I congratulate the bankrupts very much on the re-
sult. They will (pat this court—l need not say without
reproach—but as honest and honourable men, who, though
oppressed, have not been ruined. They will leave the
court without any stain whatever upon their character. I
have the greatest possible pleasure in awarding them certi-
ficates of the first clue.
llamas MAL Colts
IN RE Gunton Ibuntarr.

him.
MOIVE FAILURE

To-day wu fixed for the adjourned meeting for proof of
debts in the cue of this bankrupt, who wu the well known
contractor of Duke-street, Westminster, and elsewhere.
The failure, it will be remembered, amounts to nearly
300,0001. The amount of assets is at present uncertain,
but it is expected that it will reach 150,0001.
Mr. Lawrence appeared for the Mr. Hamlett.
Mr. M`Leod, the solicitor for the fiat, stated that a cre-
ditor sought to prove for 3,3721. 10s., money due for the
purchase of some bills of exchange, for which he
gave 14s. in the pound before the bankruptcy, but since
the stoppage. He had, however, paid the difference of Gs.
in the pound.
His Honour—Then he bought them since the bank-

ruptcy.
Mr. M'Leod—Before the bankruptcy, but since the stop-
page. 1 merely mention the facts of the case, not offering
any remarks either ace way or the other.
His Honour—l have no hesitation in Paying that this is
one of those cases which ought to stand over till after the
choice of amignaes has been completed. It seems strange
that pawns shouldthus go into the market and purchase
bills. It is one of those transactions which ought not to be
allowed to weigh in any way with the choice of assignees.
It mart stand over. Do the assignees acquiesce in the pro-
puska, to the bankrupt's allowance (201. a week) ?
Mr. Lawrsnee—ln order to let it go abroad, I may state
that, uit is beyond the usual scale, the allowance is not as'
an allowance alone, but for services as well. The bankrupt
had hundreds of pinata under his control at three different
places. The assignees are desirous of acting with all libe-
rality towards him, but they think 201. a week unusually
large—they propose 161.
Honour—Th/4 is a matter of small importance. Mr.
Bennett has been in a very distinguished position—he pro-
duces thousands upon thousands of assets—and, on the
whole, I should advise the assignees to acquiesce in the 201.
• week.
Mr. M'Leod—With pleasure, sir.
Mr. Lawrence—As an allowance it is large, but it is not
for that alone. .

His Honour—But then it is a gigantic cue.
Mr. Lawrance—lt was my wish to state wh►t I have, not
as an advocate for the bankrupt is this case, but as a prac-
titioner in this court.
His Honour—Mr. llennett, in the time of difficulty,
acted very indiscreetly in trustiag others, but still his his
risen very much in the world, and his present position is
very unfortunate.
Mr. Lawrsnse—l am obliged to your Honour for those
remarks.
Mr. li'Ltiod—The assignees are chosen without opposi-
tion. Thou gentlemen have invited Mr. Quitter to unite
with them, he having the confidence of the large body of
the creditors. Ono hundred creditors had voted in the
choice, and only one who had proved had not voted. The
gentlemen chosen are :—Mr. Henry Augustus Burge, of
Bristol, iron merchant ; Mr. Felia Pryor, of the house of
H. H. Johnstone and Co., of Bush-lane, banker ; and Mr.l
floater, of Coleman-street, accountant.
His Honour—What is to be done respecting Mr. lien-
nett's accounts ?
Mr. Cannon (the official auignee)—The assignees are
going to consider that subject.
Debts to the amount of 30,0001. were proved during the
day.

GRAT'd INN, APRIL 30.—At • pension of the
Honourable Society of Gray's lan, holden this day, Henry
ael Hillard, Esq., and Thomas Mieldethwatte, req., was
te the degree of bartistevat-law.