The Express.
London, England, 1849-02-22 00:00:00

3

bigh mad Is., wee reek eel iz peay-
ot2ths sigth et the weak and at the impasalleare-
al& beaseelisid algid. Itne-
ossmts thst be
at law he • eiseseed •for
Zakpupae, and until the
fbr Mereleaden arse
that the eserreetra et the esakinkremits
•whills the esepseiglea had gnarl 1e eight
be roelndird, and if the resale et the sea sheet Ale
allse eight Otis" sitypreahms. that se Rush steleten.
WM SINN, eras night ho iwroved.rail
sier& snit sad veik and for
relief. The estraglan dernered to the Ina
the demurrer was resswied by the Master tithe Oil
his diaries was tanned ea appeal to the House et
alt datPareha tM pee in their answer, L whet they
snored • ressepthe right So be owners et the bed and soil
end sheer et the river, tad deard the title a the crown.
They Waged that their title was recognised seed sad
reserved in and by various charters sad seta of m-
iasmas, mad had lira araiserd in by the emits
tram that inersoriaL But they declined to set
out the saurus on which 'hey relied, on the
around that they wale the evidences of their title, mad
Okay messed to
to
sat a list of them, the allegation that
iirteutitt lead to a discovery ot th• evident, os which they
. And they Loire is sapper& dead eatmal, coa the
rule that • party h see home es Arises his Me to an ad-
verts litiget =reaped,., wee Men te this we awe, es tho
groundet iassillsiesey and the Matter allowed the rasp-
dam. The ears sow etre ea upon exceptions to the Mar
tees report; and the peineipel sear= sow discussed was
whether the tishadoeis wile 1110101 b We the
as to their shiergaired by the fisheries.. MOSlMaisgva
tad Rendel relied on the rale that partial were not brad
to dirket their evidence of title to persons claiming ad-
versoly,_
_sod with whom they had no privity.
The thilsher-Dimeral was heard for the crown. He re-
seeded that the defendants had not distinctly stated the Ut-
tar at their** which he submitted, ern wording to
the tee gaelles, they were bound to do, ethwerh tasy
might nit ao set forth the evidences on wit they
or MA& al theldisvir %se sewn, and ill Ted fiduciary
etsessare. and wms NJ hit that retina entitled to withhold
from dmi sewn the nature of their title or thereon&
ea whisk they IL And he maintained that all the
aMe of the serponeles. whisk were entre revidenose at
owireehip, wore, I. het, referable to their title as Gomorra-
tces.—The este was net essabaded.
HOOl,lll O. DlNOOL—Dinvoom o. Hoorma.—Pnlanflik•
sin. Durum
The original bill in this suit was filed by the plaintiff
Hooper, fee partnership accounts against the defendant De-
mon with whom he had carried os business r reverses in
Landoll. The plaintiff had curie en bearer he WNW
prior to May, 1834, when he took Denson, who had bees hie
able clerk into partnership he three pem . and the dna was
carried on ander the style of G. H. Hooper end Co. The
plaintiff brought 17,0001. into the 030110111, white eonstintted
its 'spite. In hag, 1837, pee to the tilitothoet the tin'
for wile it was entered into, the partnership was dissolved
by mutual sentratat, in consequence let the ill-health Of
ldr. Hooper. Disputes subsequently arose about the man-
ner is which the assets of the concern were to be dealt with,
and the result was the institution of this suit by Hooper for
the partnership areounts.—There was a cross bill by Demon.
Mr. Collins, he Desoto, opened the .toss bin.

Were the Mee-Chancellor of Unetand.
IfTNIIII O. PIIZIOAL —RAILWAY DIIIIINTUNIII All NAT
WITNIN TNT MOILTICLIN Ace, Buy BAN= SILARNII 1,11.
Timothy Myers, the testator in this cause, by his will,
dated &Mk of Jun., 1844, gave and beqneathed to kb
wife, Aaa Myers, ell his koueehold goods and furniture,
plate, Linea, ilts,she paying thereout all his just debts, funeral
and testamentary expenses, end the testator gave several le-
genies amounting to 8101., and directed the same to be paid
out of hie real estate, or sat of each parts of his personal
rotate as ersabbiee lama , mortgages, railway debentures.
shares in re isherwise savoured of the realty, whisk
he directed bile desplmery_ hind for inch payment,, end
in case these al bo banikcient, the Senator directed that
the residua of his estate should become liable to tho
extent otos: only, and the said testator gave ail
the residise his pommel estate, including his shares in tho
Northumberland and Barham District Bank, to trustees
upon Latest, immediately alter his decease, to convert the
ems kb fesafey, and to place the mere out on pveramist
smaritise and phe dividends arising therefrom unto his
rirre wife het sad after her therms the said divides&
and . to be from time to time received in equal pro-
by the following societies, namely, the Society for
Christian Knowledge, the Se4ety for Promotive
r
the Gospel in Poulin Parts, the Church Niminsary Society,
and the Church Building Society, The bill was filed by the
widow of the testator for the administration of his estate. A.
reference had been made to the Master to ascertain what
personal estate the testator was portend of at the time
of hit death, and what liortions were to belong to
the four charities named in his will.--The Master found
that this mortgages, railway debentures, bridge, and
bank shares which formed part of the testator's estate were
all chattels; real, and ravouriog of the realty ; except so far as
the said bank shares and railway debenture. were teepee-
tinily altered or varied in respect of their nature or %lay
of such chattels real as aforesaid, if they were so al ,
by a certain deed of settlement, whereby the shares in the
said bank were declared to he estate, and by an
act of t of the 18th of April, 1829, whereby the
shares 7a the said railway were declared to be pansaal
orate.

Mt. Stuart and Mr. Faber, on behalf of the widow, con-
tended that the hank shares and railway debentures being
both of them charges upon land, savoured of realty, sad came within the Mortmain act, and could not be
taken bz the charities. It was admitted that the mortgagee
and bri shares ease with!' the act, and it was now con-
tended the bank *hares and railway debentures were
included in the same principle.
Mr. James Parker and Mr. N. Wetherell appeared for the
charities, and contended that the bank shares and railway
debentures were not within the Mortmain Act; that
were neither of them charges upon land. It wee
impossible to find any company which was not possessed ei
land ; but the charelsolder in • bank could not lay his hand
upoa any portion of such laid and claim it u his own. By
the deed of settlement establishing the Northumberland and
Durham Banking Company referred to by the Muter it was
expressly declared that no benefit of survivorship should
arise amongst the shareholders, and all the property of the
company ea between the shareholders thereof and m between
their respective real end personal representatives should
always be considered end deemed to be personal estate, so
that each sharehelder should have a distinct and separate
right as between themselves to his shares in the espied of thd
company ; and that such shares, in ease of intestacy, should
be transmissible to the personal representatives of a damned
shazeholiks. As to the railway debentures, they were nothing
more than promissory notes given by the company, and wise
in no tempest chargeable upon the lands of the company, and
' could not be held to some within the Mortmain Act.
The VieaChaneellor said the chief question wee as to tleg.
, railway debentures, whether they came within the sonata
of mortinain. He thought that they did not. The ea of
parliament gave something very different from a charge upon
the rates ; it directed that, in ease the interest upon any
mortgages should be in sneer, the mortgagees might, upon
application to two justices, havepropergweese appointed to re-
' calve the whole, ormeh part or porta the ratesas were liable
to ply spich fennel as should be due and unpaid ; end such
rates were to be received to the use of the persons to whom
such interest should be due. It did not appear by the form
of the debentures that the rates were at all liable. There
was no ex • which could amount to an aesigsment of
the rates, tit was provided that the mosey should be bor-
rowed upon the credit of the undertaking. It was true that
the bolder of- a promissory note might, by a circuitous mode
take out execution ; but still there was no charge upon the
land. The shares in the bank, his Honour thought, were
differently situated, end that they were charges upon land,
and alma within the Mortmain Act.

Before YlooChanoollor Haight Brace.
EX I%IM &num, Sn KIIIINOT.—ANNOLLIXO • FIAT.
The petitioner claimed to be a creditor of the bankrupt,
and sought to annul the fiat for welt of a sufficient petition-
ing creditor's (UM ; that relied upon being the amount of •
bill of ante, whisk Mr. Catain, the pritioning creditor,
I &dated for bookies done by him as the bankrupt's attorney,
and kr damages and money expended for the bar krupt's use,
suunting to 6621. 10s. Id. Before toning the flat Mr.
Oat& had taken the bankrupt in execution for the debt,
and the ground en which the flat was sought to be mantled
was that the debt was thereby discharged. The semi
question had arisen in as action brought aguinst the peti-
tioner by Mr. Gatlin ea usignee of the bankrupt, in which
• and Mr. Bag-
r. 111,-b-

the htu s bed been .nonetdt;i:—Mr7iscen
shusseupported the petitke.—Mr. Bwanston and Mr. nett-,
bassets/Mr. Oattlin contended dtat the legslquesti, a had t,(4
bees decided by the court of law. They also Mitt! upon Items u having been omitted in the bill of costs, nod
other churn ea constituting a good indepenth to debt, not
affected by the question in dispute, and they denied that the
petitions was a creditor.
The Vice-Chancellor considered the sufficiency of the
debt on which the bankrupt had hewn taken in 'Knoll*
disposed of by the consult and the result of a subs-queot
application for a new trial. The addition smoke to be made
to the demand comprehended a charge for perusing docu-
ments; and even if an attorney might increase a bal already
delivered, by adding forgotten 1t... of espenditure, he could
not do so for such a purpose u this. The fist mast be an-
nulled unless respondent could successfully impeach the
petitioner's right to be considered a creditor. The ct,se stood
over to De again spoken to es to this.