The Express.
London, England, 1851-01-18 00:00:00

WLNDING UP JOINT STOCK COMPANIES.

MADRID AND VALENCIA RAILWAY.
Yesterday, the proceedings in this case were re-
sumed before his 11 rigour the Master la Cnancery Blunt.
Prior to the c ansuoromment of the proceeding., Mr. Linde,
a contributory in attendance,elid ta understood that a large
sum Out of the asses to be divided amongst the contribu-
tories hat been paid by Mr. Cuilter, the cifizial manager, in
order to obtain restitution of the 17,G)01 caution money that
was In the hands of the Spanish g varrans sat at Madrid, .mad
he wished to know whether he might inquiet the amounts
of the offiial manager in this subject, so that he might
sicertain how this erornanum charge sense.
His Honour said Mr. Lingo had bertar make an applies-
Son to the official manager to that effect, and in the event of
that functionary refusing, he might then make a formal
application to that cones.
Mr. Linde then said it had been smarted that the Spanish
directors at Madrid had returned the deposit money as be-
tween 2,000 and 3,000 shares hel a in that country, wn it
appeared from the Spanish rive: in his hind tnat they had
reamed it on 7,237 share, Thst report, which was in the
Spanish language, also stetel th.t the Eneli-It directors
wrote again undir dote 11th December, 1847, telling as
(the Spanish director') that they had seen with the greatest
regret an advertisement inserted in the neersorapare of
Madrid and Valencia, calling a !fennel meeting of the share-
holders for the 31st Dec .es ter, tor the parolee of taking into
consideration a return of the money pad upon the shares
delivered. The president Mr Chadwick, begs as (said the
report) that the meutin'• might be par premed until the result
of a pending law aul•.stould be known, end in case that was
impossible, that we should endeavour to obtain that in no
shape should they &erre to a return of the money at pee-
Net" The amount received by the Spanish direetors on
the 7,257 shares taken in that coui.try was 200,000 ride.
The ex ,enses of the Madrid direction amounted to 106,603
rids The report of 1.4* Seanieh directors was dated tee
31st December, 1847._

Mr. J. A. RAIN solicitor to Mr. Chadwick, and who it was
stated the other day was too ill in bed to attend and explain
why he did not deliver up the books and papers relating to
the affairs of the mammy, here entered the court, and
having been sworn, h. dee fined to t. II what books and
pipers he had in h.s posts ssi..4l, or to deliver them up, anlese
the lien that he had grin them, the amount of which wos ea
yet utinceriained, though he believed it amounted to 6 0001.,
for services in o innezioo with the company, was paid huts
by the official man 'gee. He had not been applied to to maim
out his thi;, or deliver it t.• the official manager • hut open
the latter doing he would make it out with manager;
due dili-
gence, though he believed that, consistent with his other
Inbinras, it would take hint two mouths to do so. _ _

-
lin lion-our decided that he could not compel Mr. Rae to
deliver up the pacers; and that gentleman then withdrew.
Mr. F. K. Fuwell, the secretary of the company, was then
examined at very great long 11. deposed that he wee
secretary to the company tr..m its commencement, eni that
on the 30th of Orober, 1846, there was paid into the bank
of *seers. Mae:semen's, by cheque, the sum of 43,0001., to
the aedit of the Madrid and Va!encia Railway Company,
srorn toe banks of M 33-s. Currie and Meters. Coekburo.
This cheque, as w II se other cheques were all countersigned
by witesse on the authority cf the board. Was present at
all the towing, of the committee of management; the
finance committee was changed, hut it originally coneisteel
of Messrs. Chadwick, Wiley, Kinlo.h, Co'quhoun, Monte-
flare, and Kiehl, all of whom a.teueled the finance meetings.
Subsequently
_Me. hien'efi are went abroad, and Mr. Capper
was added. Mr. Lewis Pocock wee adds.! in 1848, wt.oa Mr.
Wale, retired, and subsequently Mr. IL Brea/wood and
another gentleman were app Uteri. Oa May 29,1817, there
eras • loan of 30,0001. to the Lottd a and South Western
Rails's), and all the thirteen members of the committee of
mane mesa were • wart of it, except Nlr. Nieh,.l.s M'Cann
and Count E!re, the latter ot whom never attended any
meeting, though he occasionally cane when they were over.
The entry dated No...mher, 1818, in the bankers' ledger,
"Stamford, 1,0001 ," le.ta a vases-Ist made to Lieut.-Col.
embed for has rausi in to Medand on account el the soot-
p any. Tao next on-y, of 8331 , was a p.yeassant made to a
Mr. Amor,, percept of Mr. Waley. one of the committee, in
respect of the purchase of shares in the M Arid an I Valencia
Railway C oeniisay. Another payment, ot 1371., was for the
same purpose, se was meaner, of 2,2 All , to the firm of Rill
and Faucett, sit az..hrok.re. Tate purchase GI these shares was
not resolved on et the boa-d by any formal resolution, but
they were paid fir out of the lands of the company. At
that perked it wee bought dateable to uric , these purchases
to meat .in the mice of the share., with the view of inducing
the Spanish direct• re to take their proporti en of them. These
shares, paid fur out of the fund* of the company, were sub-
s. go.-aely ken 'el ortr to Slr. C tad wick, in whoa paression,
or in that of his s.,lieitor, Mr. II use, they now were. The
number of shares thus beeeht at en average of 3.5 a. per share,
and some at a rensiura of 21., c eul,l no: have been fewer
than 500. The circumstances were known to most of the
committee of management trout it having signed the
chrqn, s fir the petal. • of these 'her, s with the view of
iodating the Sprat'. shareholders to also up their shares et
par, which 01 entree they would no; hove done it the
shares were at a discount in the Replied% market. There
were entries in the lade r, he ad. el Fuwell, 2971., 3001.,
2901., sod other items between March 7. 1648, and May 14,
,11P147, making a total payment of 2,9001 , and some of this
gamey he no doubt tee.ived in teepee' ot shares. When he
had shares he sold Item to Mr. Chadwick, who paid for
them by his own cheques and on his awn account. As
secretary, he sent out letters of allotm•nt to *soh of the
members of the committee of management for 600 ahem
each. The baoktne receipts and letters of ellotant used
to be sold in the make,. Moat or the committee of assuage
ment attended the first puhlia meeting at the London
Tavern, as ap:tvarod from •he proceedings reported is liana
path's wau Journal. S plashing was said abort the
expentbiure. The total 'mace of E-glish shares was
80,000, of which 5.1,010 were taken cp. All the monies
advanced to the L end S,mth Western Railway Coda.
pay were repaid.
At 4 o'clock, the proceedings were adj, amid.

RUGBY, WARWICK, AND WORCESTER RAILWAY:.
Ye,terti,y. bef,re hie ft our Muter It chords the North-
ampton Rankine Company peneardrd with a Claim against
the estate ot upward. of 3,0001, bring a Wane of account.
Tits heating was acljwitueu so onto lu Mr. Wtyghte, the
dB id sisr.der. to examine the duvet', and stow cause oa
tie 7th F.-Stuary next.

DIRECT WEST END AND CROYDON RAILWAT.—•
Yesterdey his Honour Mater Tinney erenteu the applica-
tion of toe to tenors of 8 r IL ory %WV., who bad been
plac, d upon the list of contributories, and called upon to
pay a sum of 741 towards di•ohargicg, with his cs, provi-
sional committe men, the liabi:itista of this company, to have
his case r. vie ced on impnent of coos. An application on
behalf of Sir John K.y, who stands in a Pond tr position, to
rave his case reviewed, on the around that he bad not re-
ceived prop. r notice, was also granted, with the CJI4CUTTeIIeII
of Mr. H. Harris. siliater to the official 'imager, giving
him permis,ioa to Ille affidavits in supp.irt of the statement
of non serve,.

TRU INDEFENDENT ASSURANCE COMPANY.—Yes-
terday the ',virulent of the list of contribuc,ri.. a was pro-
ceeded with by his Honour Muter 'Laney the °Metal
canape, Kr. Hutton, being represented by Mr. Rox`,u►gbs
as couhstl. The whole &Wing was menpied with the coati-
deration of the case of a contributory who had signed Um
deed of settlemeut for 150 share., but who had ant paid the
deposit. It was elle.. d that the shores wry. for the Moat
sad use of Mr. W. MA,. the then brusher and maneging
director of the euntrihwory. Af.er considerable disetuston,
the name was sopa 'god ft lin the list as liable, Mr. Roxburgh
intimating that the vase would be taken oa appeal to lard
Cranwortit for his deekimt-

LIBERALITY or LORD REAUMONT.—Lord Bean-
moat has at his sole ex,,en,e built a school to the village or
Carlton, near Selby, to amomenwlate 120 children. They
are taught history, cyphering, writing, and geography for
Id. per work each, including ho Its and stationery. His
lordship sins rents 'netts. r num far so infinte school,
eintaining sixty children, taught upon the same terms.
The whole esFunses of these schools are d. frayed by his
lordship. On Monday week the noble I-rd gave all the
children a as drleking at Carlton Refl.—Bradford
Observer.

RAGGED SCHOOL EmloitaTioN..—A meeting of
the friends and supporter* of Legged ee.hools took place last
evening at the Juvenile Refuge, Old Pyis street,Westminstor.
for the purpose of talcog 1. rive of 11 boys, selected from the
Teri Ate ragged echoole in the metropolis, who are about to
he sent out to Aus.ralia, at the cat of the Rigged School
Union. The ceremony, telt wu of a most interesting
character, took placs in the presumes of the children, 100 in
numbi-r,who are brgh: in awash'''. and who were regaled
with tea and cake in company with the hi. ode who attended.
After tea, the chair was taken by Mr. Geo. Wilson, who
brDfir stated the object of the meeting. The eleven in-
tending emigrants were arranged on a form on the left of
the choir, and sw, re neatly and cleanly at•ired. Rich was
provided with a capacious chest, for the purpose of contain-
ing their clothes and other nets...rim which had been
supplied by the Ragged School Vol an. Their looks were
indicative of robust beekh, and they appeared to
be is a high state of joyful anticipation. The
mothers and relatives of many of the bays were
invent, and appeared much affected by the proceedings.
Mr. Gent, of the Ragged School lJnioo, gave some particu-
lars respectins the boys. Of the eleven, who were all well
recommended, three were from the school held in that
place; three from the school in Grotto. place, Marylebone;
two (ruin the school in John-str- et, Mint; two from North.
street, Mile-end ; and one from the Ann-street dormitory.
Five of these would be landed at Port Adelaide, the other
at Port Philip—both thriving colonies, perhaps the two
best et present in connexion with the British crown. The
emit of seeding theta out would be considerable—upwards of
2001.—the whole of which had been raisrd and paid over to
the pulite who would send them out. Hitherto the emi-
grants from the ragged schools had been sent from the docks
(*he metropolis. On this occasion a different plan would
be punted; they would be sent be train to Liverpool,
starting to-morrow (this) moraine, and reaching that place
in the afternoon. Five of them would embark the same da
in the Carlton, for Adelaide; the remaining six on
the Condor, on Monday morning, for Pert Phillip. Both
dress ships were first rata vestals; the Condor wee 1,500 tone
burden, the Carlton nearly as large. They both belonged to
fret-rata firms in Liverpool; and the accommodation, on
..want of the size of the eentle,wee far superior to thatofany
lithe London ships. The other passengers in the vessels were
Of the working classes, of a cleat shove the bays that were
piss out; therefore cacti-fence might be placed in them se
regarded the boye.—Addressea were delivered by Mr. An-
t, of the Ragged School Union, Mr. Locke, the hono-
Imeetary, and other gentlemen.

..----
RAID intelligence.
EQUITY Alouirrit—YISTEIDAT.
guess Leginat‘iworim= CifaxcuLux).
in y gilts VI WS UAW,
lir. Bothell( Wpialad's' Yr Macqpiem) sea liallwao.
of the these tr.od
appslltiod by the wilt of the geom.' fa
Ws ewe had • .41id that the present petitions gra pro-
moted ander the 10:-. stea' ei. the lam traria act (Headline'.
Ad) for as order vesting the fruit property to the other two
memo, sad ter authonty to them to as& without the scam,
rence Of the ahmeadiog trasteee gad without the appointmest
of a third truirents his place.
The You Chancellor declined making the ads,* thcglgot
logtamer, but directed a reftratee to the Neale he taillia
whether • third trustee ought or not to be •
In Til• Marrts or At'olll SCIOOLPrght&.-
Ims was • Freiman pro anted by us trusses of ietiOy
School, proposing an alteration in the miles foe the amissorn
of free boys or foundationers. It appeared. fnm the Moms
mot. or the petition, that the Mama of the octal her the
year ending In January, 1850, was 8,7110 lds. ga. The
anal Meese was expended is various ananal paymesem
ieesellrg, agrongat whin, • payment em 121 gasses
for the gametic:a of each free boy or fandationer.
Of this sum aim pietas was paid to the heed
waster, three guises' to the; usher, two guineas lee
the teacher of modern languages, sad one game& and •
hall t r the teacher of mathemstra. The salts by which the
charity wee now (governed were adopted wader the sanction
of the cart in 1828. by 'he authority cf the statutes 21
On. 11. and 17
or M. Br thole nib a the only noel ft.
cation required for the admission of • b .y on the loundarlos
was the residence of the narenta at the time at Rugby,
or within • certain divince. Tf e eoumgrrenee had
bees that • great number rf strangers had taken
tip the r residence go iiltis the necessary limit., tem-
porari:y only, for the sole purpose of quail 'ism their
eons for &elixir. 'ior. It uprared thee in 1828 there were 39
free teli• i.re or ly. T:.ie numb*? bad iaeremed to 43in 1830,
to 76 on ptio, and at the lest admission to 91. In some-
queries of this incitese it wag load that &beams's] ezpestil.
lure of the e aril' eneseded Ito innovate, and It was :eared
that by • eJotroustion r f the per at isle as to admissions,
the .. would tapidly increase. The present prttir
tion was theurtora prdentrd, pealing that henerantb
no boys should he admit•ed on the foundation
of too o ho. I whose parr gas or guardians should not, prior
to any application for such adnitesion, base been resideut
bouseboiden or dwelling in Rugby or within ten mats
thetrof if in the c :silty ...f Warwick, and within five miles
if within any tr her county, for two yeara at last, or (Jr
ouch additional term not e seeeding altogether tour years
ea the maters for gra time bei .g midht in Weir discretion
judge to be nee. em y, pant bele. had to trio comber of
*chrism ler the time being on the foundation, and to the
Income sad nosoditam of the eharits.
Mr. James PA, kw ant Mr. Martindale appeared to gap
port of the rill. ri.
ilia Lowlehip made an order is the terms of the prayer.
TiII:K.DAY.
paean Lae Custom , n i Xu a-entire:WAlL •
THlKrigo op Till Two Sict Li ...8 v. Watt-ma Ann OTIMILI.
The bill is this ram Wm fil din 1) comber, 1849, by hie
Mejnity Feedissnd 11., Hoeg of the Tiro 81eiiim, ageism the
Pesisaular and (Lit :gal S., am Packet Company lied four
iadividuns, of whom two sere named Luigi Saudis and
Prato M maroons Orass!, ill, alleging that in 1848 certain
individuals, subjects of OW pleint,ff, warped the plaintiff 's
authority and regal functions and eetablistod is Palermo a
species of gr.vernment comritutect of eertaio tntividosts, eat).
jet's of the pliant el; that such nen rpirie government Mixed
the royal puttee titulary of the p.a,ntlff at Palermo aril the
swop thee. in ; that &silk und Orasatelif were cep.
'Mated by such geveram.ct the it east. is Ragland, tad
that they paraded thither is 1848. The bill then set
forth • ~street entered Into by the two Ism named de-
fendants wit', the Pennies! et sad Oriental Bteast Packet
Coapasy teethe perehsso 61 two Mau ships belonging to
the company; end rated that etc of this, ships bed Ism
oast beyond the sets by Sailta and Oretwelli ' • but that the
aim as , e.tled the Bohay, reentriami is the liana of tket
',spotty till alit tit* Iserial authority of the plaintiff had
keen re tostablrglud at Palermo. in April, 1819. TIM the
. . .

gempany, keoeing that tre anoe^i received by them
dor the skips had men bbtaiaed, as aforesaid, ben
dm treasury aft. r the plaintiff, bed is consist". with
Altruist/al and Sesglia, cauiwd the Hornless to be registered fn
the name of the company, and that subtrutently bills of
ale of the ship In portions bad b en eat cuted by collusion
Ile the ether defendants, in wh,a. norms the ship had, maw
jai ally, been re; 'tired. The bill prarid that the ship
Night be dolly. nd op to the pliunri ff, and that in the mean.
Vthe di diadems, the oimpaay, might bs restraiaed from
hearing the ship, awl fr,m permitting ti is same 10 be
to bat MI Ragland. An injunctive having been obtained,
de'endants attertriads iitenumed to the bill generally.
for want of parties. T'. dt varier having both WO,.
mit& lessee's were put ill—That of Besets and Granata&
getwitteg the pcsoesnot of d penmen's relatteg to the mares
In .iiiesti .n in the cruse.
Mr. Llethell and Mr. G ildsmith now moved for the
yeeductedi of the idieuteents 'dads d by the snagsr to Min
ei. d0n.1.1.. pasn.siiin. They Lid that the sower
ailed ihst the minty emptoy, d in the parehaes of the Dips
ben been contributed daring the strudels with am plaintiff
it ..0. remiss, beteg to comber miry thomisnds, and
ellierthe of Sicily, fir • irious public porpom; tied, inter
as, ler the purple. of perch 010 /I Mean ships, with a view
M the c intinuatien of the war. That these fends
paid into the public treasury at Palermo, yet b 1
. _.

what the relation between the parties was. The second
ehjeetiee—sethely, that a party might ream to answer, on
the ground that by to dais. he might be subjected to
penalties * $ Weise otiontry-41 well founded, wise esekinly
new. The Insilco " wino tenettar se ipsust lecuipare 11 be
W,ay ountidavert to be to the munimped law
ohne and
Sot to tried to of Iliestragoasttien , If it
*heed
weescareled ant to as elms . Sinant saran no
might belle result. Bopp*. partewthip bet==sl:
webeate andgertics hem. It was well knows Owes*. all
1 the connives of Spelt, was sontistmad, wed *bleat ne soh
to 'meats. Could ft In and that the partner here said
kiwi to asswer k a suit relating to the partnership tran-
sition en the ground that be might tawbby be sob-
Yet* le pandas secordiag to the laws of Bp*. 1
et nee would be the malt If the maxim were
"eitended In its application In the way *gained.
reiruld sat woods to the argument that s party, by din•
g acme of liability to peaklike opera hie answer, lows
Mb primates to productioa. It had bees held by the
judges at law, that a wheelie, however far he might ha..
proceeded with his difoloatrier. eaiiht at an• moment stop'
Min refine to furnish soother link to the chain of evidence
sottish was to convict him.
lite lordship then said he would examine the papa* la
thre wate Wore delivering his finisljudgmeett.
COURT OF OF EXCHEQUER.—TsernauT.
&Maw IN lemeetk—Meresa area Lem Cares Balm. W. Eason
Pam., Me. peso, .tunaeos, awe N.. Beam Puri.
Gasses s. Boweent.—Linet..
Oa Taseday a rule was obtained, on When of the plaintiff,
eal:tag ea the dee edent to show cause why the verdict
should not be set aside; but the court suggested a stet pre-
lassos, to sere the reponse of a new trial.
Sir F. Thesiger, on behalf of the defendant, now heti-
, mated that thin coed net be carried au*. There must,
therefore, be a rale nisi f.r the plaintiff; ha should, how
ever, aptly fora trice rule on the Snit notion day.
The coon afterwards proceeded wish the special paper,
sad beard arguments of noun-el in the rase of Bell. v.
D.Antibloan. The arguments afforded no materials for a
report.
NM Pam as Wampistsc —llmmia Ma. USW. Maims MID
eribulAres Wardell Jonas.
POLLARD V. GRARN.—A FZIONID leers.—AX AIMIXL&It
PRICiDIitT.
This was an action under the Isterpleader Act to deter-
mine the o emenhip of certain goods seised by the sb riff.
Mr. Cheraw,' and bk. Woollett ware for the plaintiff;
and Mr. Edwin James and Mr. Hswkics for the de.
'endear.
The case itself low ao void of importance ; but it has some
foterest as an illu. ration of a system. A person named
Bower carried on bassinet,. se a tailor and his wi's aS •
Mandrels, at Broome Howe, Fulham. Carteda alterations
were made Co the 11,:u.1 ~y the plaintiff, h:s relative, to the
eaten, as alleged, of 641 Pollard was also indebted to the
defendant, an adman in the City, for goods supplied to the
'laundry, rind, having obtained judgment, esectrion was put
in, whereupon the NW., with • ar. y mare, cart, and some
pig., were claimer by the pl- itriff under e. Seed in which the
property wen teannered in security for the ab.,te Mier of 651.
to Pollard.
Mr. E Juan, in his address to the jury, remarked on the
frequency of deeds of this character. No so .ner dons a ref
its obtain a judgment ant seek to ream, r the same by the
only mod. cogent wi h unwilica &boos Ira ripe' arts Nome
relative with deed in hand all ready so claim and carry cff
the goods from the Willem of the law. This was not • seq.
Idire contrivance. Only this in arising at breakfast, in look.
ins over one of th• ora.ion• of Dese-sthenes. h- found • cam
lis point. (Laughter.) A Imened friend (painting to Mr.
Forsyth, the accomplished author of " ilartenens,") will, I
dare my, b ar me out in the assertion.
Mr. Burma klarin—l am afraid I cannot take judicial
sales of the reports a Demostoenn. (Laughter.)
MI. ift11•24110. Illy lord, thatch them reports are Very
wholesome study for ,he advocate. Nevertadra, we have
an ancient instance, which I may refer to as an illustration
of the very ease in point. Dannthenes had obtained a vet-
diet against Aohobos—
Mr. Baron Marie (.roiling)—l was not swan that the
Athesiens had trielby jury.
... .. .. . .

Mr. James-- We ere getting new light, my lord..
(Laughter.) Demosthenes obtained his verdict against
Aphobes Pm a beach of beast, and when ha held sent in his
engulfment Mr. Green did, up started Oudot, who claimed
the geode wader an assignment just previously made. The
any difference in the teat was this, that easter was not a
tei,or with • iosa, intnest in a grey mare, like the
tailor of lito.me-hoont, Fulham. (Grist laughter.) The
cinema wan an eacient ea*, and when tsilors and bak
wished ts defeat the r cieclitors, would be continued to
the end of the chapter, but he trusted the jury would now by
their verdict show that the schemers were not always to
defeat the just rights of crediting.
The juts returned a verdict for the plaintiff, remarking
that they did so with deep regret.
LITT T. ANOTRUTHIL BAKT.—BILL DISCOUNTING.
This was an action to Tee ver the automat of • proem:nervy
not* sad bill of exchange, @ids for the sum of 801, with
in . The defendant pleaded payment, non.acceptscice,
and that he did not promi.e.
Mr W. H. Wiason and Mr Prowett were for the plalatiff,
and Mr. Mootseue Smith fir the defendant.
The plaintiff, Lantana., Levy, was formerly • sheriff's
r fficer, bet now games on bas•nme as a wine merchant and
hill discounter, in Noefolk.street, Stratid ; the defendant is
Sir Wyedham Carmichael Anure.her, Bet. It appeared
that there had been considereh!e bill tranatctiot.• between

were
Ihe em`eet a the ei..10,0 Peersswat for the Wee the pmt. There ma as diapete m Oro in bill of nehmen,
haler, by wham they were ePerwertle 1° part re' bet as to the proatiamy not. the deteadant pleadei pay-
igen el to the defendants In Enilead, and by teem epplied mea,, enutending tt at it had be. n neleded is a sum of 700/ ,
win the direction of the remitting in the eineuese of the inikh the planner red received from him under the circa...
minim to (VaritiOtt. The newer oubmitted that, . etanc.s detailed is the evidence. As it Icy with the defect
i
re documents to question we is the beetle et the defied-
dent to prove the main issue, Mr. M. Smith called the
. the semis, and us behalf of the pintos by whew. betee(e/ „amp :
•ion they had b.- n i iitrueeel with the monies in qua.
th. ,v onset cat to be r ierired to pro :sin the particelan ear. J. U. Dabiason, of the fine of 1) .bias, and Ci.ar,
such el moment. or •ey oi -hem, in the &hence of these
solicitor, to the defendant, aod—Oe the 3rd of October,
r no,. Anotto r ground , I °erection to the projeorios. se 1840, 1 had aa later./ • with the plaintiff at his boa.. in
egi part of the duo-mate, was twat by disclosing them the Nortalkarnet, on tee sehjezt of an execution which he had
debenilii.'s might le: made liable to penelites, a proem- seat is teat, Wyedeasie horses, at Na. 16, York-terrace,
Ws is saes a the it rotate to gamy ; sad that Regent'repark, for 7001. I asked on what terms be would
manypis stns, sow resident is Sicily, edge, Cheney ha go rot? 1e said he would not withdraw oaten be received
"elected to criminal proceedings tli.re. Taey submitted 2004. is "anon by the following Monday. I amid I doubted
Wt the parties sus -Se was the defehilents wets alleged to whether Sir Wyndham could find the mosey by the time
be, were either rib. le ; gad Is that easo without a en's, in used; but aesuminor that he could, I wished to know how
able court to be heard is oppoeitios to a claim of their lawful it was to be 'Applied ? Levy acid tree over and above the
severekto ; or if Cie &tient straggle were to he treated sea 7001 he bold Sir Wyndease's notes for 801 and 201.; that
end war, then that the fend in gentles must be treated as 1001. should go toward. these bills cad 1001. in saustactioe
• nutribuison by the pull.. The fund living public would of three menthe interest (two bock and one forward) upon
upon the termieatiou of the struggle page t. the plaietiffe other bills. No allusion we% made to any other bills than
who on ha r. steitetoth would seemed to the benefit of all the to the two just nem,l. 1 had other two interviews
pommy of, end the c.thteasta entered into by, the temporary before the execution vs. paid out. At the third the plain- I
trvenieseet oh' 1. he tied overcome. This wee • suffizient tiff's eon was erne* I. Au allusion was made to the 801. mad
newer ti the übj vies". of &pen. As to the objection 201. bills. Young Levy said to his father, . 1 think you
with regard to p.ue.ties, there was no senor'', for ea. have some other bits ;" 1., vy replied, o No, the., are the
tending the protection to uses when pes•lties were to be only two hills I have." The proposition made by Levy was
incurred wider a to.tien law. Here, moreover, the dem no meried out. •
dente w. re out of the jun dic'ion of the kingdom of the Two Cross examined—Tee letter produced is from our firm to
Skillet. and could rot, therefore, become liable to the pc- the Plaintiff, (This document intimated that • gentlemen
sales. except by thi e own voluntary an Den the in Elinburgh undertook to pay out the execution, and
newer ontfic ant o
.. ,;•.,„,ed to chow that the deteadeeta intimated that they (the writer) would pay over Sir Wynd.
Were 1104 to the peualty of tr. YOU, and where the groans ham's note for 1251. for the ECU. and 401. nib). Tee litmus
of liat.il:ty were el echsed by the answer the court would "40" were a mistake by tee clerk who wrote the letter.
not protect the per: ire from production of 4116 documents for 2" 1 heard anything about a wise account being
feriathe the evideue, of each liability. dee to the plaintiff.
Mr. Hilt and Mr. Cairns, for the de/sedan., said Re-examined—Sir Wyndham told me that the bills only
that the straggle in S.. ily had throughout been tented amour ted to 5951.
as a civil wee by her Majesty's government, which Mr. Durham, managing clerk to Messrs. Dobiuson and
had held aa equal hand between the netending Gear, proved that on the 9:h of November he peid the
parties. The eatenuye government at Palermo had been Plaintiff, in pr sense of U. L. Levy, 7311. la. 4d , in respect
recognised fee a limo by this government and that of the execution. The execution was on a judge's order
of Franc Bet the cam of the deteudann depended not so dated 4th June. Witness received notice from Levy, the
much on the gave ion whetter the panne by whom they attorney, to produce the tollowiag bilis in this cane;—one for
were employed were cc sot de facto the government at the 3001, oar for 1501., one for 7.51., one for 201., and one for 501.,
time. Their case ores, that they were the orate of private making together 6931. Then bill. be obtained from the
intitviduels who had placed property is their hands for par. defendant for the purposes of this action. In cram
pan went they were at all events allowed to prosecute at examination he said he did not know at what rate Mr
tee time. The peiceedings at Palermo, r net eneoaraged, Wyndham usually got his paper discounted; he nippiest ft
were at all events tolerated at that time by this country. This might be abut 60 per c nt. (Laughter.)
itcor, unmet had ecrresponded with the function:in there. Mr. Weteon than called the following evidence in support
It was impossible, therefore, to my that the statue of those of the plaintid's me ; • note from the defendant to Messrs.
ritual was ouch that, as in the an of rebels, no agency Levy, the attorney, was pot in. It made an sppointmeat
meld grow out of transactions with them. The war must, for meeting these persons, with the view to an arrangement
therefor,, be treated u a emit war, and the defeated party to save expense. The note was undated ; but an envelope,
would have a right to what they bed succeeded in briagieg proved to be in Slr Wyndhas'a handwriting, bore poeto .ffins
away. They meld sot be son for eon property in the date . 6 January, 1851."
courts or nether rentry. With regard to the °Nudes as The learned Judge remarked that it would be a good thing
to Punkt., • contingent liability was a sufficient mead if all the envelopes were burnt.
et protectin ; upon the authorities it was sufficient to show Mr. D. L. Levy—l em eon to the plaintiff, tad in partner.
that disclosure might rend'-r the party Hebb., without going .hip with my brother, who is attorney in this action. I weal
on to chow that it would of salinity reader him present in June lest, wins Sir Wyndbas Anstruther mark
so. It had been said that the protection applied an arrangement with my father. I drew up a omega few
only to penalties under our own law, the liability to 7001., on which the judire's order was made. It WWI gins
which was matte, of judicial cognis inee here, but in respect of several hills overdue, mad interest at 60 wont
did WA apply to penalties under a foreign law, the Tee bills were for 5951., but Sir Wyndham himself proposed
footmen. of which the courts here were not bound to to make the sum is the document 7001. My tether called
know. feat was not, h , the can ; for matt.* of Mention to a promissory note for 801 , and walled to include
forehtn law wen constently the subject of jeticial anise it in the order, so as to lane It one tnissec•ion, but Ille
in the courts here. At the conclusion' of the argamwt, Wyndham said he should oil it when it became due.
11' ler ship said two points had been . The Crarrinagaised—Whee- the agreement era. made I wei
defendants, in whose hands the document/tin question were, resent as attorney for my father. Ne one wu there Wien
bad said that the documents Is question, tempt a cop Wyadharo. We afterwards genitor my uncle tont toy him.
rennin.* between themselves and certain poison in (Laughter.) My uncle is Henry Levy, an attorney is
golly, whose *gems they wen, did cot belong to them- Arundel-mint. I went out for him (Renewed laughter.)
mil", hit i the penises of whom they were the arms. Nothing was said about ltallrillt. Sir Wyndham himself
Thee Parma Ina termed the provisional reoverammst pertneed to pay 100 proses (to make the judgment debt
at Palermo, and ga seeh had edmiejetateed tub.' Mil.), ter he SW my fattier had been very kind to WM.
deet!dae4 from the inhabitants of Sicily. Tame fends (Ossot indium )
r°,.. been 'emitted to the defendans, win' Ind pre- Mr. R..L. Levy, afters... said the &tenant's refosey
ily come to this country as the delegates of the peovi- had been under segues...in in Scotland. His father gam a
...atonal_ Tenement. The defendants had employed the hands creditor foe 2602 , but armed to take 1501. The prom=
72f rata* with their instroctions, Is the wane of sots for 801. wag indorsed tomy father as security.
r!" shape. The detendents alleged that the demon. witness positively etateri nu he had given all the bills into
rell-1 their own, but were held by teem u trustees ter the bands of Mr. Dahi,esen.
their"elopes, and they insisted that they were not bound Mr. Donee= wee relented by the counsel fee the de-
:Pim Minis the anima of these employer'. It would inane to rebut Was testimeity, He mid—lt is not true that
herem WIT, theretw, to look at the papeis to we is what I saw any of the trills until after the mention was paid out
*enrollee parties stood. The 'Nestles would be good it Hirst saw them after the premat action was brought. They
err a "mil Lin 'nestle% se to • pecnisienal goverment were teem reenact by the lest wino., Lorry; we obtained
and the cam had been one of the. from Cr Wyndham for the e ma a the in
sobteriptioss Detglic, dby . . ~P 'Pe rue
by „ e private individuals in Sicily, and nun. TIN, Nape Mae brought ea the 19th of November.
,pithela_vemitted to this comfy, tot the rierehage of steam The lean and 03110 Sal Oa both Olga, having othireeme the
*ens.
remitted
le that 414111 the penes to whom the men, was Jen,
____
it,: mold be ageets. Oa the other bead, If the peen Mr. fem. Martin Men," ‘l's kV". " the 14" M w-7
mwwerel...4 were den-sting the tautens of goverment, an wheel' u the promissory note was included in the 700/. ;ft
the ,:ttreede sepplented by the legitimate government, not es., sod and tor the detendeet ee the first issue,, 11
a__. ' government would succeed to the property of the glee, admitted Mgt the bill M emehmtle wm dm. U.Alrelhele
lag. of , and to the benefit of their contracts, inclad- e'oe, amt And fee the plaintiff • a that use
would ' true., their "entrees here. The poetise here 'Au jury Mired, end, atter an Mame" el ahem. me g*
meat,: hemew.,., the newts of We new Pow, ram, Yenned into court with a mediator the Midgegaggee
olColli - wo—.. isamti t° the benefit of the_elfran the inifterial pent They returned a milieu fat ghs gig
"t° tk" si„.___lllo property and conemcn. Mtr.ween elation en the other ion.
Iwo extreme era
doubt 0: ~,,i,.----. ...Tr ,might be many middle Phistions of This "occluded the businesses( the first ten, sitting. Hie
. '"' " ik'S`'t not be very city be detereein lordship will sit at Guildhall this IlloW.og at tee.