The Express.
London, England, 1865-11-06 00:00:00

LAW INTEILLIGBNOB.

SIKTPOYOLITAN COUNTY COURTS.
031tetun dsys appointed ter the premed week.)
wavionsorsb, Ist. liarlia s-kno—ltanday, November 6:
Tuesday, 7 : Wednesday. 8 ; Tenekil.
BLOONSMIT, Peruaad.read.—wiedeseday, November 6:
Thursday. V. Vridal, 10,
aroarzoit, Metten•aa•e•grom.—lheseasy. November 7: Wed-
needs', L
amarrrorm—lretery. November 10.
DiMean-teresoc—lloodsy, November 6 Toes-

411=44 0/148ieiriroald.114Tuedes, November 7 ; Thum
dr7 6.
BOw raid. —Y
Dow.enday, N make 6 • Pride 10
warisaum areas rr•s:otuireas.:-Weedy, Novem-
bar 8 ; Tbrusday. 9 ; Pride7.lo.
soinawAss. awia-traa .—Tueeday. November 7 . nureder.
9. Friday, 10.
Lerma, Cambeeirell New-eowl.—Ttreeday. November 7 :
Tbersday. 0.
GUIPRIOILW•dpiadaI, HOMO*, &
WOC4,loll.—Priday NOVIMYseIO.
CrIT or 1011001111. Oaldball-balldinga.—lllonde7, November 6 ;
P 1108097, 7.

EQUITY COURTS.—Nov.
(Before the Muter of the Rolls.)'
sea Mi110171.113112RT OATTLI 111111:1111•NOI 00111PANT—NTAat•
sore's earnenirrarrve.
The How. and Rev. F. Slashers, in 1845, took a husdred
901. thane is this company,
oa oe which he paid 11. per share
allotment, and signed the deed of settlement. A call of
11. per share wee made in February, 1848. and paid by him.
In Aaron of the saws year another call of
11. per share was made sisd paid by him. In
of resoluticem of epeeist general meetingv, held
November, 1848, • further call of 41. per share, and those
shareholders who wished to leave she company ate that date
were ia aimordanes with such rtholutiettiwirtypoariathry-
ing fromlt. 21. 10s. per share in to
to the
somber of their shwa. Those who • so were to have
their shares forfeited by the directors for son.payment of
the residue of the V. cell. and to seethe from further
liability. Thole remaining in the company were to pay
10s only oa the all of 41. per share. Mr. Stanhope paid the
10a., sad thereby testified his intention to remain a member
of the company. In August, 1849, however, he catered
into an arrangement with the directors to forfeit hie 'hares
and release himself from further liability on eaymenthr bite
et 1001. to the company, sod on the 15th of that mouth a
neoluttea as follows was passed by the directors :—" It was
ordered that oe certain anthgements being completed, the
shares el the Hon. sod Rev. Fitzroy Stanhope be cancelled,
the calls in armor not being paid.* On the 3rd September
following Mr. Stanhope paid the 1001., and a transfer of
his shares to the company was registered at the once of
Joint Stock Comps:dee. Mr. Statham was law afterwards
treated as a shareholder by the company. In 1861 the
company was ordered to be wound op. In 1864 Mr. Stan-
hope died. mid this was en applioetion adjourned from
ahambera to place the name of the administastrix on the
list of contributories of the coonmey.
Mr. Selwyn, Q. 0., and Mr. F. W. Bush wen for the
offidal manager ; and Mr. Hobboues, Q. 0., sad Mr. J.
Pearson for the adminietratrix.
The Master of the Rolls (without calling on counsel for
Mrs. Stanhope)-1 will not trouble you, Mr. Rabbet:re. I
have quite nude up my mind on the rub** which I have
eonsidered over and over again. It may be • defeat of my
intellect, but I am unable to distinguish this case in sub-
same from Lord Belhavee's caw, awn am tumble to
tinguish it from Speekroaa'a oar, but at the same time I
approve of the decision of the Lords Justices in Lord Bel-
haven's case, aad I disapprove of the judgment of Lord
Wastbary in Brockman's cepa. I aaanot rem:wile them.
It is not for me to determine which of the two rases 1
ought to follow ; and I shall, therefore, follow en the pre-
teat
Mrs.
Slasher ocomioa, my ows is notof e °risks in both the ewe and hold
that a eontribotory. I hops the
--des Judie., will settle with the Lord Chancellor, what

the law.
Mr. Hobbouee—Your Honour will &min the SUMMONS

with usu.
The Meter of the Rolla—l do Bet like to do it with oosta.
Mr. Hobbouu—A very long time has elapsed.
The Muter of the ltoUs—They could sot have brought it
forward ',Leapt as this occesion ; however, its will make it
mom serials that they will appeal if I give y the meta.
Mr. Bush—Your armour thee will give us leave to
appeal, otherwise the oliisial manager will have to bear the
*NW
The Muter of the Rolle—l will give you leave to appeal,
but then I do oat say anything about the costa of the

aPr. Bush —lf be ham sot leave to appeal and it should be I
decided against him, the official manager may have to bear
the ants out of his own pocket, whereas U he has leave to '
appeal, the costa would come out of the estate of the
oompany.
The Blaster of the Rolls—Well, I will give you leave to
appeal, Mr. Bush. It is very desirable the thief/ should be
settled one way oe the other. Itstrikes me
edit is • monstrous I
thing to bold they, when • versos rye he directors of
the aompasy, " U you will camel shares I will give you i
1001. ," and the &motors lay " We will do so," sod they
easel the shares, having the power to bay the shares,
which is the woe tide' as museelling them, and they take
the 1001, that after 16 years that should be said to be •
fraud mid,* makes so time • bar, though the feet of his not
losing • member of the company was duly registered, sad
that is the °sly public satins that Cu be glue of the
, matter.

COURT OF QUEEN'S BENCH.—Nov. 4.
flattop is
Jeetio Thitioe.--(Befere the Lord Chief Judie*, and
es Mellor, nee, aad Lush.)

- .
JEINIVO• 0. TM OAT NOSTILIIIII RAILWAY COMPANT. I
Mr. Keane, Q.C., with whom was Mr. Markham, mid !
this wee an action triad at Cambridge before Lord Chief Jur.
tios Erie, whim the jury returned • verdict for the plaintiff,
damage@ U. 124. He moved to set the verdict aside and
ester it for the defendant, on leave reserved, and also for
a rule for a new trial on the pentode that the verdict was
against evidence mad also misdirection. The plaintiff was
the trainer of the celablated racishotse (Witham, and on
the 23th of ?shivery last he bad been to Linoola with
Wee hones. and that being the last day of the noes be
was about to leen for Peterborough and Newmarket
through Ely. He went to the station. and took tickets for
himself, bones, rind the grooms, it being neoemary for the
grooms to travel with the horses in the Urge boxes. The
six o'clock monis; train wee afterwards discovered to be •
first and second ohms pensioner train only, but the grooms
were allowed to have third-class ticket'. It was then
found that the addition of three hones boxes
would make the train too Wog to be safe, and the station-
master divided it, sterling the seemed part shortly after the
first. The plaintiff, when in the first-elves cartage, heard
that the train wee to be separated, and he celled oat to
one of the company's servants that be had the tickets, and
received an answer' all right." It appeared that the com-
pany was robbed to a h
great extent by the number of boys
who travelled from place to place in the horse boxes hy the
ecinnioulos of the gnome. Before sluing the second port
of the train the ticket examiner went to the bores-boxes
sad asked for the tickets. when he was answered by soma 9
of the boys sayint" Muter bas got them." Twelve tickets
were taken for the boys, but it turned out there were 20
boys in the horse-boxes, two only havini tickets. Not
being able to identify Mr. Jennings • lIIVOIng,
ticket collector tuned them all out of the boxes
except one, who feigned to be very sleepy, and
he was taken out and plead in a rOOlll, but the
door wag not locked, and es soca as the porter left he
walked out. The bones were Bent on. and on the journey
the plaintiff received a telegram. stating that the company ,
had refused to send the grooms oe. The plaintiff had then
to hire persons to go on with the horses, and lead them
from Ely to Newmarket, and he afterwards brought this
action to recover special damage for the detention of the
grooms, and the expenses he bad in 000aequenoe been pat
to. The learoed conned contended that under the bye-
laws the oempsey were justified in what they bad done.
It would have been useless for them to have proceeded
against the boys for the 40e. penalty for intaglios without
a ticket.
The Lord Chief Justine said there should be no rule in
this csio. He said it was unnecessary for givesout
to determine, supposing the company had tile
tickets to the boys themselves instead of to the muter, and
the boys had not produced their tickets, having been
onoe
allowed to enter the carriages, whether it was competent
for the company to turn them out of the onriages. The '
by-laws were famed for the protection of the compsey,
and the ironed upon which he mid there should be no rule
waa, that if the company wished to enforce, them for their
owu benefit they should keep themselves in a positiori to do
so. They bad, however, put it out of their power to do
so, in having entered into a contract with the master to
carry the boys, instead of contracting singly with the ben
sod giving them a ticket each. It was a misfortune, no
doubt, that the train should hare been parted, the master
Wog canned in the first, the boys being left to come with
the remainder of the train ; but neither the boys nor the
muter were responsible for that unlucky circumstance.
He, therefore, was of opinion there should be no rule.