The Express.
London, England, 1847-04-02 00:00:00

fiat, according to the 45th section of Lord Brougham's act,
I anit2 Will. I V., cap. 66. By the 46th section, the official
meignee of th• bankrupt should pay in 201. more out of the
first MIMICS coming Whim from the bankrupt's estate, im-
mediately after flambee...of soignee. by the menatiesiooers.
No seek assignee' we thaws in this case, sad therefore, the
201. was not paid. AU the realised estate of the bankrupt
amounted to 221. duly. The solicitor claimed that in pay-
meet of his costa—The Vice-Chancellor was always, before
this case, inclined to think the 201. ought to be paid in by
the official assignee is any event, but, referriug on this coca-
'ion to an opinion espresstd by the Lord Chancellor, he de-
clined to make any order.
Mr. Foster, for Mr. Hanky, submitted that the official
assignee ought to be ordered to pay over to hint, for his costs,
the 221. in his handy.
Mr. Koe opposed the application.
The Lord Chancellor said he would consider the caw

Henan the Mouse of the gotta.
ATTORNET-GINIKAL 0. WIMBUILZ4I SCHOOL.—JORIB.
DIC1010:4 Or ECCLERIMITICAL COMMISSIONEKB. Messrs.
Kiadersley and Blunt were heard in opposition to the appli-
cation of the Ecclesiastical Commissioners to be permitted to
attend, at the oasis of the charity, before the Master, to whom
woe referred, is this cause, the settling of a scheme for the
administration of %charity at Wimborne Minster, in which
the collegiate chime d that place was interested. They did
not object to the smumdarienen going betore the Muter at
their own costs, Ether hod model lutormetion to give.--Mr.
Turner rushed in suppose glebe application. He contended
that as the act of pnalincint 8 and 4 Victorio, cap. 113,
bad vested in the ardedesdoel comaissioners the
dutrof recommending Oaths 430111111 he oeloacil a scheme for
the application of property Iseirging to the collegiate church
in in Lion, in order to mans better provision for the cure of
souls in the parish of Winheene, it was the duty of the
Attorney-General to have Inweight the commissioners before
the omit, in order to avail Idessif of their suggestions, and
not to oppose this appliestion. The Attorney-General seemed
to be ignorant of what led bun already dace under the act.
The earlesiestical vinamiagenin• sating under the powers of

the above act, had recommended that all peculiarar jurisdic
lions .in the diocese of Salisbury should be abolished, and
should he vested in the bishop of the diocese alone, and this
recommendation being embodied in.* scheme, had been con-
firmed in pursuance io! the act, by en order of the Queen in
conceit, dated the 27th August, 1146. The effect of this
order in council was to take away the administration of so
much of the charity property as belonged to the collegiate
church of W imborne Minster from the parties exercising it
under the original foundation, and to east it in the bishop of
the diocese. The order had become pert of the law of the
land, and most be obeyed; whereas eke scheme proposed
by the Attoraey•General, as to which the commissioners
sought to be heard before the Master, neglected altogether
the order in council, and proposed to lease the administra-
tion of the property applicable to core of souls in the pariah
in the hands of We parties is whom it was originally vested.
Having regard to the provisions of the act, no scheme ap.
proved of by the court could be carried out, tritium*
the sanction of the Queen in courted, though It
was not to be supposed that the INITIIIIIiMIOOIII2I
would recommend any 'chums to the Queen in
council different from that approved of by the court. He
disclaimed, on the pet of the commissioners, any mach Wan-
bon, and under these circumstances there was not likely to be
any conflict of jurisdiction. He insisted that the commis-
sioners were entitled to attend the Master at the come of the
charity, or, at all events, the question as to how their costs
were to be paid ought to be reserved.
The Master of the Boils said there wu no doubt that the
wart ought to have the assistance, in matters of amity, of
any body who could give valuable information. This wee
the constant practice, and had been acted upon in this parti-
cular cue. The cue for the commissioners had been more
reamossably pat to. day than he understood it to be put in the
first instance. Te suppose that commissioners, appointed tip
parliament to inquire and report to the Queen in council, ka
order that the Queen In conoca might on that report haws
the opportunity, power, or prerogative of miles cestaia
regulations—to ;suppose that such commissiounelad any
power or right to intervene in courts of justice between per,
ties litigating their rights, appeared, in the first instant*,
undoubtedly, surpriai. The consequence of this argu-
ment would be, altho it was disclaimed here, that if this
court, or the House of Lords, mado an order disagreeable to
the commissioners, they might report something different to
the Queen in council, and the Queen, being badly advised,
though advised in the manner provided by the legislature,
might make an order entirely inconsistent with what was
done by the ordinary courts of justice. He regretted that it had
been thought right to agitate this question, though he was
quite satisfied that these commissioners would do nothing bat
what was right, and that suet% a proposal as the above would
be rejected by them as soon as made. He did not therefore
apprehend anything of that kind in this case. But such
were consequences to which the argument addressed to him
on this occasion led. In 1838 the subject of this charity was
under the consideration of the Charity Commissioners and
they. communicated something to the Ecclesiastical Car
missoners to lead them to suppose there Todd be a mph.
of the charity funds; and they made a reigan +rpm Ostia
June, 1836, recommending that such empties should ha
applied in making better provision for the curs of souls is
the parish of Wimborne Minster. Very shortly after that,
this information was filed, and the charity was Wombs
within the jurisdiction of this court, and it benne war
eery to consider what wee to be the distribution or tale alma
according to law, not otherwise. Whilst the information
was pending, this act was passed, embods ins the providola
in question, and it must be respected as an enactment whisk
the court was bound to obey. It provided that so much of
the property belonging to the collegiate church of Wimp
bone lilmbr es should, upon due inquiry, be
applisaMs thinks should, by the like authority, be a
Jar the paws, of making better provision for the emit al
wale In Wimborne Muter. He thought the wands
" oplinabie thereto" meant the purpose atteramde
iwe, of, the... making better provision lor Vie
authority"

parliament, which the shareholders objected to. The bill
to.. charged that the moseedings of the direetorm were un-
lawful, and that all acts and manses which they might do
would be unlawful, by reason of the illegality of their con-
tinuance in office, and that the said company and tbefrii-
tercels would be greatly prejudiced and very injerichaly
affected, and that they ought ao longer to be allowed to act
in the character of directors of the said company. The bill
then asked that the injunction might be granted to restrain
the defendants from acting as directors of the company, and
that they might be ordered to deliver up the books, docu-
ments, and papers in their possession to the custody
of
the lawful directors of the company. Upon these
facts it was contended that the bill was pro-
perly framed, and that the plaintiffs, who were
four of the shareholders, were justified in instituting a suit
against the directors. The principles of the court of equity
permitted any shareholder baring any interest whatever in •
company,; to file a bill against the governing body, when that
body were deviating from the powers given them by the act
of parliament, the act was in the nature of • contract with
the shareholders, and any party to a contract might ooese
the court tor the fulfilment of it; but when a contract was
strengthened by the sanction of en act of parliament, there
could be no question of the power of the court to interfere :
this principle was laid down in many cases, the strongest of
which were " Brewin e. Lewis" (4 Myl. and Cr., 249 ; the
ease of the " River Dunn Company" (1 Nichol and Hare);
" Attorney-Oeneni e. Aspinal" 12 Myl. and Cr., 628) ;
" Attorney-General e. Norris" (2 Myl. and Cr., 406);
and " Ward e. the Combined Attorneys" (1 Collyer, 371).
It was also contended that, under the clauses of the special
act for constituting the Birmingham and Oxford railway
company, and the general act for consolidating railway
classes, the sharthelders at the before-mentioned meetings
had power to increase the number of directors to 18, end that
I they bad power to pass resolutions that one-third of such
directors should retire by rotation, and that it was incum-
bent upon them to elect new directors at the first meeting in
the year after the first appointment of directors under the
act, which necessarily meant the meeting held in February
of the present year, and that such first elected directors had
no right to continue in their office for a whole year after
their nomination.
At the conclusion of Mr. Bethell's address the court rose,
and the farther hearing of the came was postponed till after
the Easter nation.

Before Vice-Citanoellor Knight Brute.
MANNTNO V. CHAMBISIUI.—REST6AINT UPON ALIENA,

oorPTCY.-21.._ - . voluntary
settlement, dated the 14th February, 1842, vested 6,0007.
Three-and-a-Half per Cent stock, and 7,0001. Bank stock, in
himself and his son, Samuel Manning, upon trust for himself
during his I*, and after his decease, as to one moiety of the
stock for his eon, Samuel Kenning, and as to the other
moiety for the benefit of the wine children of iis deceased
son, John Maiming ; and it wasdeclared that if any or either
of the children should become bankrupt, his or her share
should go over. Two of these children bad become bankrupt
on the 7th of February, 1912, before the date of the settle-
ment, and Mr. John Manning, the settler, being new dead,
the principal question in this snit was, whether the amigneen
of the bankrupt, took their shared or not. Mr. Swanston
anal Mr. J. T. Humphrey appeared for the plaintiff; Mr.
J. H. Palmer, Mr. Wigrans, Mr. Boston, Mr. &wide,
Mr. Bacon, Mr. Stinton, and Mr. Berkeley appeared
for the several defeadants.—The Vioe-Chancellor said that
he mouldered the share of the bankrepts went over, as pro-
vided by the deed, in case of bankrapteg; but he thought it
wax so reasonable for the assignees to wake the claim, Hun
they should have their nests paid out ads* estate.

John Man Fla!, by •

Before Mee.Chenteller Mama.
Sutra v. THE SOUTH-WESTIRN R.ILILICLT COVPANT.—
Itutmeriow.—Mr. Watford, for the plaintiff, moved ex
' parte fir an injunction to restrain the defendents from pro-
ceeding to gauss compensatien before a jury for the plain-
tiff's interest in certain propeety, the site of a brewery, near
the proposed terminus of the railway on the Surrey side of
Hungerford-bridge ; and to retrain them from taking pos-
session of the property. It appeared that in 1845 an act was
tamed by which the company were authorised to extend the
railway to the Lambeth side of Hungerford-bridge, and
that the plaintiff, who was the owner of considerable pro-
petty near the proposed terminus, had withdrawn his °pre-
sidia to the bill, upon the understanding that a portion
only of his property (which had sinee been conveyed to
the company) would be required for the purposes
of the railway. In 1846, the defendants obtained
an act for the further extension of the railway
to London-bridge, and enabling them (or that pumas*
to take a portion only of the plaintiff's lands, not includ-
ing the premises in question. In July, 1846, a notice wu
served upon the plaintiff, professedly under the act of 1845,
that the company would require the whole of the plaintiff's
property, incleanis the premises in question, for the pur-
poses of the act. The proceedings under that notice were
resisted by the plaintiff, on the ground that the property was
in reality to be need for the purposes of the act of 1846,
which did not empower the company to take it, and not for
the purposes of the act of 1845. The company had since re-
peated the service of the notice in November, and on Sato,-
day _last ; and had summoned a jury for Saturday next.
His Honour mid that if the defendants were taking the
land for a purpose not authorised by the act under which the
notice was served, the plaintiff would not be prejudiced ; for
then the company would have no title. If, on the other
I hand, the company had a title, the court would not restrain
them by injunction, particularly upon motion ex parte, in a
ease in which irreparable mischief could not be anticipated,
and, in fact, had not been alleged as a ground for the in.
junction. His Honour then refused the motion, but gave
leave to the plaintiff to serve the company with short notice
of motion for Saturday next.

COURT OF BANKRUPTCY.
Before Mr. Commissioner PonbMoque.
A BANKRUPT BARIUSTRIL.—In the ease of Stewart, the
object was to make Mr. Stewart a bankrupt u a " builder."
The ease has been before the court for several days, and in
examined as

rills, Kamm 11.

I po. Cons. .
I Do. . .
If Ds. .
D.
1141gba 5,1444.
De. 5. INS.
Do. 4f 4,
Do.,
SNOW D. 4•414 .

.I PP
111 N
1117 SO
103
12

Hlstm. Leman. I Cicala'
lo 78 13 71 63
111 SO 111 10 11K30
•

TR.nr; B 0 11
Haat Shams . .1 2/40
Eschew cia LaMar (10 YT//, 11 !S.
DP De. HO dam), 11 MI.
KM.. MARCO 26.-11 r.. per Ceets, /If maim, NI &Naomi; PIT. pm
Ceeta. II 21; Ceeplem 17, 172 , Bask ol SC Ferdissed,
212. 0202005,1 go Ueda., lA.
Allintab.l. Hume 00.—Act. Debt, .Teroismi-m0,1( per Ceote.,
11412 302; Do. Three per Ceola, 704 711 • Yem, „ter Doim, 111
Com. Compeer, Foar-avid.s.l4•ll. per Lints, 1711 1711; Fest Leas,
Fear ger Ovate , 042 111. Eachaage: Ow at sight, 11: cro mosths,
11.01; Ramberg al sight, M7l, two roam, SS D.
14,..,.., Ha. 07.—A.;611 fly. per 4Hata., ICO3 Do. Sauk, 1100;
Yowl.. Loss, 111 Rsealas Ph* per Ono. Hamburg Canting,
1041, Hops mid Ce , ire sad DI Salm laserlp., 112, De. la Certif. , IS ,
Nee Four per Cm., Hoge amt Cs,, is; Ds. 81.1.01.. 81...1. Deo
Five per Coats., 154 If; Do. Three Per Oasts, 10, Aggio.D.M2
Three per (hem, 142.

PAWN MAC 31.—Another fall took place in the funds to-day.
The Threes fell l 5 0., and the Fil“ 20 0. Bank share. fell 25 fr. The
decline was equally felt by railway shahs. &rubor" &area fell 6 fr.
e. ; Lyces, S fr. ; Vereallise, L. 8., 2 fr. 60 e. ; Orleans, Bordeaux.
and Tows and Banta, she fall h. 50 e.

RAIL WA

NEWS.