The Express.
London, England, 1847-04-14 00:00:00

Belpre the Master of the Itolls.

SZAFTTESUIT O. MAILLBOROUOIL—PATISRPIT OF LFOACT
Durr.—George, the third Duke of Marlborough, by hie
will dated in 1812, after granting certain annuities charged
on particular parte of his estates, devised an estate called
Cornbury to the late Lord Churchill for life, and then to
, trustees for a term of 600 years, and subject thereto, and to
another term of 1,000 years, for raising a sum of 5,0001. to
the present Lord Churchill for life, with remainders over,
and the trusts of the term of 600 years were declared to be
for raising, after the decease of Lord Churchill, the dear
yearly sum of 2,0001. for his widow, and the mull of 30,0001.
as portions for his daughters end younger son,. And he
settled the remainder of his real estates, subject to a term
limited to trustees for 300 years, on his son and grandson,
the present Duke of Marlborough, in strict settlement. The
trusts of the term of 300 years were to raise so much money
for the payment of the debts and legacies given by his
will and codicils, as his personal estate should be insufficient
to pay. The testator gave by his will several annuities and
legacies, and he directed his executors to pay the legacy
duty on all the annuities and legacies thereby given,
and the discharge for the same. The testator bequesth,d the
residue of his personal estate, after payment of debts and
legacies, in trust, to be bid out in land to be settled on the
remit duke. In 1845 Lord Churchill died, when the an-
al2,oool. to his widow, and the sum of 30,0001. for
for hi, younger children, and also the sum of 5,0001.,
payable ; and the parties entitled thereto now pre-
sented a petition, in which the question was raised whether
the testator intended to charge his personal estate and the
lands comprised in the term for 300 years with the pay meat
of the legacy duty on the sums rideable out of the Cornbury
estates, as well as on the other hermits and annuities given
by the will and codicils. It was contended on behalf of the
Doke of Marlborough that the exemption from legacy duty
did not apply to the sums raisable under the terms of 600
and 1,000 years.
Messrs. Hinienley and Fretting appeared for the peti-
tioners ; Moons. Turner and Stevens for the Duke of Marl-
borough.
The Mester of the Rolls was of opinion that all the lega-
cies given by the will were to be free of legacy duty, includ-
ing the earns minable out of the Cornbury estate. If the
tedalsr had intended the duty on a particular clue of lega-
lise oat to be paid, be would have said SO.

Ikkee the

of Eogfood.

MOSSIAT v. AIATON.—INJUNCTION TO RESTRAIN Ina
DIRECTORS OF TAR OXFORD AND BIRMINORAN RAILWAY
COMFANT FR/3n ACOND AS DIRICTORS.—The arguments
in this are, width were reported in this paper of the
Ist and aed of April, were resumed this morning.
Mr. lons Parker and Mr. Wilke* followed Mr.
Bothell in support of the bil cyan injunction; Sir Fitzroy
Kelly woe thin heard in . The Vice. Chancellor, in
glints jolvaiste rid the lest question was, whetLer there
had braes Improper minion la electing four persons to
fill the phew elite kw direstsee who it war said ought to
have gene set by retails& Tab question turned upon the
true arierwetion of the language in the 13th whoa
of the "seta act, hoesnee, if the special act had
allowed the miser is pressed according to the pro.
Hides* of the Clempewies Mow Consolidation Act,
then Ewald have bees se tilliesity. There would have
beta a ping eel el Her directors, being one-third of the
winks nweiter, ie he detensined by ballot among them-
: oaths, salon they shoal otherwise agree which should go
out of office. The grail act of parliament, which was part
of
that larger thing which was combined of the special act
sod the consoLidathe haeett,, was so (destructed, as that what
was hand in the awWetba sot became part of the special
aet, se for as it wee net nrdlged by the rests:on* contained
in the special mt. What was by the special act
wee this: in the het plass, peke= were appointed
direolies, sad then it was emoted by the 12th clause that
the illrertore sprinted by the ad Ewald continue in office
me the fine ordinary mestieg to be held after the
prolog ofpi the =and at such mortine the shareholders
presoak sr by petty, might either con-
dor in cis agoilles appointed by the act,
or soy number et than, or Eight elect • new body of dine-
meow dbleseare le sup* die pious of thole not continued
in Moss the diseabre 'Ephrata by the act being slieble as
Emilia of sue new body." Then it appeared by the 16th
Meath that the first ordinary meeting of the said cons-
paay was to be held within az swaths after the passing es
the est." By the 13th section it was enacted " that at the
fint ordinary meeting to be held in the year next after the
ear in which sash last-mentioned directors should have
been appointed er elected, the shareholders present, per-
sonally or by proxy, should elect persons to supply the places
of directors then retiring from office, agreeably to the provi-
sions in the said Companies Clauses Consolidation Act con-
tained and the several persons elected at any such meeting,
=
to neither removed, nor disqualified, nor having resigned,
continue be directors until others should
be elected in their stead, in manner provided by
the said Companies Claus Consolidation Act." In point
of fact, what wee done was this, they continued ten
of the twelve directors, and elected two in substAution et
two others, no that there was a partial continuance
directors, and partially a new election. In this respect there
was a variance introduced, so as to make the course different
from what it would have been ualetw for the special albumin
the special act. It appeared to his Honour that an act of par-
liament must be construed by the actual language it con.
Lind. A case occurred before the Lord Chancellor very,
lately, the cue of " The Attorney-General v. Malkin,
where the question was the construction of certain words in
a testator's will, and substituting an act of paniament for
a testator's will; the rule there laid down by the
Lord Chancellor would govern this and ell similar
cases. His lordship had made use of these expressions:
I cannot, however, abstain from observing that such evi-
dence ought to be very strong to justify a construction incon-
sistent with the ordinary and legal meaning of the words
need. That such cases may exist cannot he doubted ; for the
words being only the media through which the meaning is
conveyed, it is immaterial what words are used, if we are
Sufficiently informed what meaning they are 'ntendel to
bear ; but the actual probability that the author of the in-
strument intended that the weeds used should be understood
according to their ordinary and legal meshing, is so wrong,
that alight tirenmetmer Emit he ewslioned enellisiest
'Edina ofaessimeybialles. Teemsgediesluesiounli r