The Express.
London, England, 1853-08-25 00:00:00

Raw intelligence.

VICE-CHANCELLOWS COUltT.—lizsreaDAy.
itmaz S S W. Pass Woos. sT TYI EULL UM. Caingysi.,,K,

THE SHUZWEIOVNY AND
.131111111N011.01 ItAILWAV CUM-

PANT P. TIM Hug. It. H. CUT, AND LITHEIS.
Yesterday an application was male (before Vice-Chancel.
lot Sir W. P. Wood, at the Bull Inn, Cambridge,) for an
Injunction on the part of certain allarehuldera of the Sircw-
bury and Birmingham It %decay Cumpeny, to retrain the
defendants, the Hon. It. H. Clive, Mr. H. Mr. J.
Walker, Mr. It. Smith, Mr. J. Perks, Mr. T. J. Badger,
Mr. C. (leach, Mr. S. Phillips, Mr. W. Bennett, Mr. It.
Roy, Mr. G. Knox, Mr. J. Baird, Mr. T. Bulkeley, Mr. M.
Greeetwook, Mr. C. Emery, Mr. F. P. Barlow, Mr. W.
Bailey, and Mr. 11. Mortimer, from acting as directors of
the above company, or in any way dealing with the pro-
perty thereof.
The Solicitor General, Mr. It. Bethell, and Mr. Prior,
appeared for the plaintiffs; Mr. Rolt, tI.C., and Mr. Bu-
mf , Q.C.. appeared for the defendants Barlow and Bulke-
ley ; Mr. Ruh and Mr. Giffard appeared for all the other
defendants, except Knoz, Ge.ich, Bennett; and Mortimer ;
Mr. Gifford appeared for Knee ; Mr. Follett represented
(leach and Bennett ; and Mr. Kerslake appeared for Mor-
timer.
The

said that this was a bill filed by the
Shrewsbury and Birminghiss Railway Company against
numerous gentlemen who were, or had been, directors of the
company, and be believed that all the defendants appeared.
The object of the bill was to restrain those gentlemen
from the advantage of a great number of shares which
had been transferred by them to persons by means of
pretended sales, which, in truth, were merely fictitious and
fraudulent ; and by the operation of which hitherto they
ha-I been enabled to obtain majorities in the meetings of
the company. That was one of the principal complaints in
the bill, although there were many others into which he
need not then enter. Ile should state, however, that
his great object, in the event of his honour thinking it
right to grant delay, was to provide that, in the mean-
time, there should be no meeting of the share-
holders of the company summoned or convened, be-
cause at any meeting the shareholders who would at
present be convened to attend it would be persons who
were mere nominees, and had no right to the character
of shareholders. .With regard to that stipulation, he appre-
hend. d there would not be much difficulty. One of the other
tenuas which he prupo,eti wee that, is the meantime, there
should be no dealing with any stock, shares, or debentures
of, or belonging to, the company. He also proposed, as hie
clients had given notice of a meeting to be convened at the
instance of the persons who had originated this suit, that,
in the event of that meeting being held, that notice should
also be complied sigh on the part of the directors. Some
undertaking must also be given upon the subject of books
and papers, which should be placed in some secure spot,
where they could be conveniently had access to by both
parties. At present they were in the company's office, but,
in consequence of certain abstractions which had been de-
tech d, they had bees pltead in the custody of the Wolver-
hampton police, acd he had no objec•ion that they should
still remain in the same office, and under the same custody.
He also claimed that, in the meantime, the defendants
should two* no proxies at the expense of the company. If
these several stipulations were agreed to, he should be quite
ready to assent to the ease stan.iing over for a limited time.
Mr. Rolt, Q.C., for the defendants, said that the copy of
the bill had been delivered to them on the 19th inet., which
was on Friday last, a portion of the affidavits on Saturday,
some on Monday, andsome only yesterday. The affidavits
turd gtauetu en of high character and station with fraud,
be &WM have thought they could hardly be sup-
-16 MOO been guilty of, and which they were able in-
rsamezm
*th time,
ey and answer. At the same of cones:,
a ire* of care and consideration were necessary in as
spartaishas the facts, and as thee* gentlemen lived is duff
parts aft, country, it was quite impossible that they could
get their affidavits ready in time. For these reasons it was
that delay had been suggested, and, of course, if that delay
were only that of a few days, no meeting of shareholders
moild by possibility be held in the meantime. Upon that
head, therefore, there was no necessity fur an undertaking.
The Solicitor-G I said, it an undertaking were not
given to hold no meeting, and not to deal with the shares in
the meantime, he must go into the case to show that he
was entitled to an interim order.

Mr. Molt said there was no intention of dealing with the
shares

Hu Honour—ls there any objection to give the under-
taking, then ?
The Solicitor-General said the complaint was, that there
had been traudulent creations and transfers of shares. There
had also been a meeting summoned by these very defendants
he for the 14th September, and unless had some undertak-
mg that nothing should be done in the meantime, he must
pros for an interim order. His object was that, in the in-
terval between the present time and the day of adjourn-
ment, things should remain precisely us stieu quo.
Stier considerable discussion upon the details of the ar-
rangement fur adjourning, a document was drawn up and
signed by the counsel to the following effect:—" Copies of
the affidavits to be delivered on or before Saturday next, and
topics in reply to be returned on or before the Wednesday
following. Motion to stand over to Friday, September 2d,
at half past 10, defendants undertaking, in the meantime,
not to deal in any
bentures of, or belonging to, the company, or to issue any
primes at the exotica' of the eempsny. Books and papers
to remain at the company's °Mee us their present custody."
The proceedings were then adjourned.