The Express.
London, England, 1865-06-16 00:00:00

LAW INTELLIGENCE.

EQUITY COURTS--Juzis 15.
(Bikes the Lords Jesting.)
Ili ACRICULTUIAL 11M171141101 CONITAIIIY—LOID BULHAVI2IIS
CAM
This was in appeal from a detain of the Muter of the
Rolls placffig Lord Belhareaa's name oe the list of Dente-
batons. Wills oompany.
The company was formed in 1845, and Lord Belhaven wee
applied to to become president, to which he agreed; and being
under the impression that it would be whosarry for him to
take shame he agreed totakesome. Ileafterwardsfonnd that it
was not cemetery. and declined to toils them or to execute the
deed, or to pay any calls. After fighlfsf Ina the colFria/
from 1849 tall 1855 he made a compromise, and paid Otu. to
be released from all claims, and the directors declared hie
shares to be forfeited. In April, 1861, an order to wind up
the company was med., and in 1862 it wee declared that
Lord Bellisreses same ought not to be on the lid of contri-
butories. Sines that time Spackman's case was decided by
the Lord Chancellor ; and cia a fresh application the Mei
Bel-
er
of the Rolls found himself compelled to place Lord
haven's name on the list.
Mr. Hotboaae, Q.O. wean .J. Pearson for the appel-
lant Mr. Selwyn, Q. Mr. Buda for the official
; Mr. Daniel, Q.C., sad Mr. G. Long for the
otml=liquidator. Therese WM argued Dome time ago, and
judgment was riserred.
Their Lordships delivered judgment at some length and to
a similar effect, distinguishing this Ogee fromed Spackmen's
case, which the Master of the Rolls had ered
self bounbyd. In that mos there wee collusion, coootialment,
and tread. Here there was tioISBWISI the kind ; it was an
open compromise. where the parties at all *vests believed
that the question was doubtful, sod the compromise mast
be maintained. Their Iredships did not think that in math'
the compromise the directors had exceeded their power, and
U they had, the shareholders hail been fully .we of what
had bean done, and it could not be disturbed after so great
al ore of time. The order gof the Master of the Rolls most
be discharged, and Lard Natural's name struck of the
list. It was not, however. a case for giving oasts. The
official manager and the creditors' representative would have
their costa out of the .data.

COURT OF QUERN'S BENCH.--J uss 15.
Shrifts in Basoo.—(Be(or• Lord Chid Jostles Ootighttra
and Jordon Bhiekbes• sad ghee.)
THE QUIZ ON THE PROMOTION OP THE BAIL OP swarm.
BURT P. WATERS.
Tfit. Karetake, Q.C. (with whew was Ef. Oole),
on sore winds role obtained by Kr. Oderidge, Q. 0.,
upon the affidavits of Kr. Waters, to show eases why the
latter ebould not be tried at the Osaka °chided Court,
iestvad of ut the amine of Dorsetahne, ea a charge of wn

.1)77.7e
The Lord Chief Junkies said that, under the circum-
stanced, although the court could not for one monaget
believe Mr. Waters could net have an impartial trial, be
thought it would be better to make the order and hare the
case tried at the Central Criminal Court.

PHILP v. Lzwin.—unzi..
This was a rule calling upon the defendant to show ranee
why a criminal information should not be died against him
for libel.
Mr. Hodgsou showed cause against the rule ; Mr. Henry
JAMS appeared in support of it.
It will be recollected that some time sines Miss L
the defendant's sister, brought an adios for brolies'
promise of naarrie.ge spinet Colonel Powell, M.P. (the ap-
plicant's cousin), in which she recovered a verdiotlforll,oool.
damages. The defendant pleaded nochastity on the pert ol
Miss Lewis, but before the trial withdrew the plea. After
the trial the defendant charged Mr. Pirelli with having
originated the falsehood with regard to his sister, and it
was in 000sequeuoe of what Mr. Levi' wrote to Mr. Phelp
about it that the present proceedings
.aroee.
Mr. Hodgson, in showing cause against the rale, urged on
the part of the defendant that the alleged
libel was tree,
and that Mr. Phelp spoke of Miss Lewis unehastity in an
interview he and Colonel Powell had with Dr. King, of
Saville.row.
The Lord Chief Justice said Mr. Pbelp did not know it ot
his own knowledge, but must have learnt it, if true, from
some one else. It was be who made the statement to his
cousin, Colonel Powell.
After some considerable Ziscnseion,
' Mr. Henry Jame rid his client denied that be had ever
' made any imputations upon Mies Lewis's chastity, and he
would be perfectly satisfied if Mr. Lewis would undertake
not to repeat the libel, and be had no wish even to throw
the expense of this application on Mr. Lewis.
This wee aseented to, and
The rule was discharged on that asdantaading.

The prisoner Cathell egiplied to the court to assign hire
somisal to watch the ore oa hie and Yes other prisoner's
*half, as they had not the muses to retain any learned
patiemes.
The Resorder, after a brinfA:told the miscast that
ha had oamfamed with /dr. , sod that Ismael palls.
man, together with 14. t berm , would watch the oafs
se *sir behalf.
gaggew.oneersl. oda whom were Mr. Hagan eag
Yr. J. Collier (iastradmi by 11r. Pollard from the office to
the solicitor to the Trearmy), weda for the prosecution.
The awe having bee. pm int, evidescr given far the
prosecution,
14. Bosley addremed Me jury for the prieoDers with mg
ability sad at oomiderable coatmdieg that it was
Dot sufficient to make out a prima facie ore, when it eight
to be established by clear sad distinct evidence. That had
son bow supplied by the prosemitioe ; beam he called for •
verdict of soquittal of beds primmer,.
The jury, after a brief emmultation, returned a verdict of
Guilty against both the primers.
When coiled up for Napes& the primmer Cathrill wigs
mewrambling stMemest cemplandag that all the wit.
had sot beam called sod marnised m his behalf oilier
in the Probate Court or here to-day. If they had bees, its
jury would ham berm maid to form a very digit*
opinion on the cum.
The Recorder said that the Oman had been mastoid
me the evidence, the mat mediates he bad seer lima is *
court of jostle% of the edge of forgery, Ewaedy
had baud that evideese mull entertain tlut the
will of the Zird Marsh, was a foram. He hod red
carefully the whole of IMAM depositions, sad he dig ut
believe that If the witamess to whom ths prer Ca
re/erred had berm celled sad examined their testinsoey wag
bare roads the elighteen differs*, is tbe &seldom at wig
the jury bad arrived. The primers had been coavieteld a
crime of great
WUniellba aims which wee the het *oh
bad bees removed-from the calsjorY ef Pailtallil,
wasemerythat from
phew Cethrill wee the esmoodord
Ih
this fermi, and the *deem upon him wee that M be
kept in penal servitude for the term of fifteen mid
upon the prismow Drools that he be kept be peal nimbi&
for tbe term of ten pars.
The case did not close mail tralf 8 o'elocir, aid W
court at its rising airiness& to Itee&y, July 10.