The Express.
London, England, 1847-02-11 00:00:00

ere the objects of the section, "by a separate rate, or by a
charge on the poor-rates, as they may see fit." The doubt
was, whether parish officers were not induct, din the phrase,
"isasiterardlass. Supposinz, however, that doubt to be
r the question remained, whether the discretion con-
ferred by the phrase, " as they may see fit," was vested in
the poor-law commissioners, or those to whom the order was
iireetod. If in the poor-law commissioners, there was no
for the mode of declaring what seemed to them fit.
rwybeeteleiellia 7, the court would not be called on to decide this,
hommos the guardians could only. act on an order coming to
thomikesa the poor-law commissioners, and in this case the
Bader dee poor-law commiesioners had been directed to the
and not to the guardians. The guardians,
Millirillkollikeriacted without authority, and the peremptory man-
dame weald not be issued.—The judgment, therefore, must
be bed.* plaintiff.
Win earea—Betere Mr. Justice Wightman.
I) ll= v. LOYND/WYO.—Amcor AGAINST AN AMN-
IONS SOK NSOLECT OP EIS CLINNT'S BUSINESS.—Mr.
t Shee and Mr. Lush appeared for the plaintiff,
=1:17. Knowles and Mr. Miller for the defendant. The
pkistiff was originally a tailor, in Gloucester, and on his
mionsge with the daughter of a baker and confectioner, he
emillellied that trade, and he now brought his action
spirt tbe defendant, an attorney at Gloucester, for en al-
leged neglect of his duty to him as a client. It appeared
that the itelaff became a bankrupt in 1843, and wishing to
emmemeerM with his creditors with a view to super-
seding doe Sit, be sesokyed the defendant to manage
Illso mew Ike Ws. -Adjournments of the case before
the Cook of lisabzwpsy at Bristol were procured at the
betake et ibe defendant, from April 16, 1844, to July, in
allke to cyst he object in question. The wife of the plain-
' tiff else mathiri to property smonating to 7001., which was
ike Mk and it was hough that if this property
war fir elk." with 2001., tads= would enable the
plaintiff to pay a
_spommimition be the pound. The de-
fendant was alkyd be bows sekteeksil that he was carry-
ing on the business that the madam were willing to take
a compositim of 4s. in the pound, and that nothing but the
consent of the plaintiff and his wife to the receiving of
the money was required to complete the transac-
tion. No written consent of the creditors was ever
shown to the plaintiff, but the defendant prevailed on him to
eneeute the deeds necessary to raise the money. This was
awe, and the defendant received the money. The fiat,
however, was annulled without any composition with the
creditors being effected, and the plaintiff was left a bankrupt
Jost as he wee before, and liable to all his debts. There were
two ways of raising the 2001., one by a further charge on
the property; but the defendant changed all the securities,
called in the old mortgages, and get new ones; and the re-
sult to the plaintiff was nothing but a bill of costs for 1081.
The creditors bad never consented to a compromise of 4s.
in the pound. These facts being proved, it was urged
for the defence, and witnesses called in support of it,
that the business never proceeded on any understanding that
all the creditors would take 41. in the pound, but that it was
known to the plaintiff that two of them had refused to take
lees than 10s., and that his directions to the defendant were
to raise 2001., to pay those particular creditors 10s. in the
pound.—Verdict for the defendant.

COURT OF COMMON PLEAS.
Nisi Para—Before the Lord Chief Andes sad Special Sonya
BABIED O. LYNDON.— QUILBTIOBB AB TO YKII LIABILITY
OF PAOTISIONAL COMMITTIBMIIN.—Mr. Cockburn, Mr.
James, and Mr. Parry for the plaintiff; Mr. Serjeant
Bytes and Mr. Wiles for the defendant. This was an
action brought by an advertising agent against the defendant,
who was an alkali manufacturer at Birmingham, and
to be a director of the North Western " Trunk "
alleged
ay Company, to recover 3581. 14s. 2d., for advertiee-
anent* supplied to the public newspapers in respect to that
railway. The liability of the defendant was sought to be I
established by the following facts: The defendant was
travelling by railway from Birmingham to London, when
he was introduced by a gentleman named Bull to Mr. Oar-
bett, a solicitor, who took considerable interest in the pro-
jected line. Both parties requested him to join the company,
and he allowed Mr. Oarbett to enter his name on a
piece of paper amongst others who had become
members of the provisional committee. The defen-
dant having fomented to this, his name appeared
afterwards in the prospectus as one of the provisional
committee. The name was originally entered " Syndon,"
but was altered at the instance of the defendant to " Lyn-
don." It further appeared that the defendant had agreed to
accept the same number of shares (150) which had been al-
lotted to the various members of the provisional committee,
and that he had suffered his name to be held out to the world
as a provisional committeeman. In addition to these cir-
cumstances, certain conversations between the defendant and
Mr. Oarbett were deposed to, and a letter was put in, dated
May 6, 1846, signed by the defendant, and addressed to Mr.
Oarbett. In this letter the defendant said he had desired
his solicitors " to get the Trunk Railway Company to settle
with him for a bill at four months for 401., and he hoped they
would consent to do so." The letter was written after it had
been found nemmary to wind up the affairs of the company,
and to discharge its liabilities. Upon this state of things, it
was contended by the learned counsel for the defendant that
the plaintiff must be nonsuited, or that a verdict should be
entered for the defendant, subject to a bill of exceptions. The
question raised was, whether the defendant had done any
act proviag that he was responsible for the debts
incurred by the company. The case having been
argued on both sides, the Chief Justice said that, in respect
to the general question of liability involved in cams like the
present, certain points had been settled by undoubted autho-
rity, and the decisions which bad been given moat be con-
sidered as law until reversed by the House of Lords. He
had no reason, however, to think that any such reversal
would ever take place, and it would be most improper for
any court of co-ordinate juriadiction to act in opposition to
the existing decisions. Such a course would led to con-
siderable difficulty, and it his (the Chief Justice's) opinion
differed ever so widely from the judgments already given
he should consider himself bound in every respect—in point
of law as well as propriety—to abide by those decisions.
In his opinion, however, there was no ground what-
ever to differ from the law es it stood at present.
Some question had been raised as to whom the
plaintiff must look for payment of his debt. The
eels., =dike many others analog out of similar tran-
offilans, wee brought for the benefit of the plaintiff, and at
lie awes Wean. It was a claim by a tradesman for certain
wises isaijilde performed, and it was right that the ques-
tion at NabW should be properly understood. He consi-
dered It as sealed law that a party, by consenting to his
name being pea apon a provisional committee, does not
then fore authorise the company to contract debts upon his
credit ; and it was also decided that an individual who pro-
poses to take a_se in a railway does not, necessarily autho-
ries his name *be pledged by the cceepsay. Thee was a
claim by an advertisement meat. *he bad isesdfrie fulfilled
these duties Ise which be bed be
employed. sad he sought
to Argo the dellmilent, apse *Moan onibeg to prove
tbell, by his owe monk be was asmisenti WO of the red-
shod ROUldthie ; end oleo, that be bad agreed le 'swept
sae Wand and fifty share% the like am** Wag
Woad Wall who filled the odes al provhiseal esnesitise-
era by *sir eon esaseot. It mem% however,
tint the sever was ens Wished, sad as dares Wen
bleed. The a ease woe—dest, that the debris*
madeseninkteemea i escoadly, that be bed
application be shwas t sell sett, that he bed seetho-
rind his name to be mai sea member of the peetieleeal
committee. It was lira amasatiall, that there we *bar
circumstance, whisk we* to semi** the daterboth lia-
bilihayt.
tHe alludes' to the INNINNINdni whirl woe alleged
to s
have aken place between the yishedeet sail °when.
esthete was sew of the premien of the esormy, sad he
stated that tbeishai* bed said be wished be seeM seethe
esildises as de attain tbiegs , mai, in oblides ie theirs*
of atilitaas, &Mbar be boa read, in width the de adapt
zotifilea Wm et 40i., bet thee was a doubt se to what
that air was applied. He (the Chief Jus-
tiee) was an aware of any ether INIIMINAMOD apon which
it was ought to liz the debnisat's liability. It did not
swear thin was any seesdag et the prechiseel committer,
at which saTmamber bat rasa a shale radar. The sm-
arm was, that male ponenu inimem of forming a
lima, bed lan together, sad hod sonelasted a pro-
visioned eassnritiss, and also a many* seeneittee • but
time was me reef that anything had, hem dens after the
ponhiessa amities was by *on who
greed to
hen tbe lies. I:114=1 =mien perm*
boil realm* wed theenedos es peemelere dthe
amegeny, sad *edit& Garbutt bad weal with them to
hams I:ed eaninittee. It was on am &dm (the
bone* ) to easier whet abinedieee the hitsehmt
wed& be to by toy mate of the ,e. _al cam-
, Enloe, ila they had dews Whim. It did set that
Wry hail gives eaq ado% nee tint they bed say
tithe Awes oleo eserrag. The dies ma sing was ea the
illit Weber, sad tart& enhareeie elberwersioAaa by the
era ahoy, bet *ere was se Min* that was one
m_ the seetherity of the delkalline. Haber A aires-
les was of or** Mad then MS se edam* le fix
lielnileat with liability, as it tree thee** bis duty to
dine a erne ar s reran in orb tishodon.
Ile. Omitltuninalmilled tell Metal desebi ll the
Jay le Awl a media he the eobedielp
safest te clue of
The Joey woe ratsoliseg dieesied * a
=llll4 illie iftelleet. gni Mr.-Oeiftema 'idol *et
** Mil a amerieei weal be ern* tbe leo=
rags that sea ambliallity of re fiend
was lab* ire, ail thelthe egit ha doesussoblind
with Se heed*. dleheibath a lanolor of tbe INF
TIND:=IIISe, dM met render liabie,—Veallei fir
the
Gone AND moment e. Cone7ooT.—A2lolllll3 illAzi.
WAY CABIL—Mr. Berjeent Channel sad Mr. Pigott far the
**tiffs ; Mr. Cockburn and Mr. Wordsworth for the ille-
hadeat.—The seed= in this ewe she rehted to the liabi-
lity of the doalmteaß as a revbiesei saarmlatawara, but the
fans were Millirest le Ones of lbe coo. The
= were the eegbesem le *be sod Rye
ic4
Hellway, ea( the anima wee to name
IMO& for envies rellineed by then behaM ef
the seensay. The ..Wien for the *blab was *et
the liebeideat bed chased his name is be advertised
es a mobs, of On prewhieeel seemilleh Mat be ked ear
thared by ems fa seen glebe goesgeneese pelMehel *the
I =foe he ahleadel a enalleg ets=vileasi
es the lelk Weber. Oa heft mien
as It sprees& woe deem a_ the
=Ne to emelleatent mew esernielee, sad Ey= ly. _
the delailat, wee me Mame pens* seisson. •
Meriirill”.4l,VasVlMV=al4 le
"Hialersegams7 °m-
et le ), mg
ponoving to be a list et agglissals he aborts ,wed as
ow of tbe ammo were the Venal " ifery=4llL OBOS-
*eV sad ontedneey own* elms were This it
wee eseteaW wee as =Ohm ea the pert el On de-
al.
ellisimire table& se seseleet=efil=tia the
appearied, woet*, eagimeme **thee& ini-
he
Test ..rogesies, but err wese afterwards *het
Utak he theft ef *e e m
negbases. This mooned
row** to Oct. lab, mei ealmagend le the period when