The Express.
London, England, 1851-03-26 00:00:00

floe r of thi. hill a. think, that when the
Port so glaringly exceeded, and izoolently stepped
mid and ignored the conosodons of that bill.
a•-un.iil of los own automatic power authority and
dignity tar beyond it. and of warm as far as it
'night in future. ph uv him to tanks--we do think
that the government hod a right to expect no ash
unewrispronsising abaft' of tho Pops and his acts
hum the Trirde
We think the l'oex and them decidedly in the
wrong, in the aggressive, sad on the often-
I:IA V. Now, we .hould be very glad to lire
ut pewee with the fops; and it is still more
tract--sue yto lire in harmony and good understand-
ing with the to catholic population. But
there are two putties to pram Oa Rood fellowship,
a. there arc two parties to miry Istin in the
world ; if one side ia to nabsall the aggression
und the other all the coscombm is no 'possibi-
lity of huding accord. For let the government or
t iserliennentury parties bo over to MOTlC.ilfratOry—
ba t them even be sidle in their humility, and
ollow themselves to In snaked over by Homan
Cirolinal., the people Cl England and the protest-
;. of Englund will be bat the more excited, the
mo; e exigent, the inure impassioned for this sheep-
their government ; sad when the people
In nig these MUM". of complaint ogainst their rulers, it
i. not the philownphy of-Mr. Hun; nor the sophis-
try of Mr. -CLAW:Po:4E, that will appease them. If
holy statewnean want. to kindle • lame of protestant
fanaticism, he will begin by ignoring and contemn-
ing the just ground. of complaint, which moderate
protewhents put for.% aril, and for which they demand
moderate. security :end redress.

tr hlut-b„ik of official documents, relative to
Lite outbreak among the Ears. tan seemly be
aid to add anything to our knowledge of the date
id attar. alien the lutist despatches were sent off.
If arqtlatior. the ktters of Mr Secretary. Mos-
-I v.l s. trom Cave 'down are of a nature to increase
the ham that a considerable time must elapse ere
Iran iinthty. and confidence ate restored, which the
new. from thu %MIR• of action were calculated to in-
...vire. Mr. •NI/0.T0.t.t. phial, steam that Sir litany
Senn, iu hi. %tate of semi-isolation from the
wia not in a positions to see the whole of his
dithrultita And Sir HAW himself, though hc
put• the hest face on the mattes he cam wait evi-
&idly in the moral amirAlasive. In the same de.-
qsitchts which ri c.ad his cosiviotioa that no faith is
to b. Oared in " ,uvaizes," he announces that he has
invited the oi-operution of 3,000 Zulu " savages."
Will he find the Zulus zoom trustworthy than the

K Mars
I Inc thing is pretty dear tram Earl GREY'S con-1
to the %oltilee which has elicited these re-
'wicks ; and that is, that Joint BULL may make up
vivant at ono. to ray the to pw to this new Kuhr
dative. When questioned in tea HOW of Commons,
the Puler-Setiviury fur the Colonies replied in n
manner ealeuhited to raise an expectation that the
1314b1 of the war would be defrayed out of the cob-
-111.11 revenue. Tlw Upper Secretary, writing to Sir
I I tette Semi, expresses himself lees confidently on
this *lse. Ile 1141%1.! -" It will be matter for consi-
st* units' when fuller information as to the recent
trousact s shall be received, whether the extent d
tlw present calamity, and the eirennietanete under
which it has occurred, are sorb es to justify her
M Ofecrr's government in reormusseeffing to paths-
milli that us.istance uheuld he given to the colcsy
iu meeting the heavy dense& epee its re-
bourn* which this war not have occasioned."
lii all oui experience of celemial *aim we tie net
renwniber a single instance in tibia se application
to parlianitait for money bin been thus hypotheti-
cally contemplated by the esbriall sinister, and the
applitittion not iiltinuitely brined upo°.
flw war has been the =boat sad inevitable resat
iit the poker adopted in Kaarland by Sir lIAILIT
Swim. gnat object was to curtail, to
sap and !ermine the authority and power
of the chiefs. Fur the systematic attacks
he the, mule on their vanity and their
'Naiad. (if we may use such a figure, see-
ing that their 1410•44 ell are destitute of that useful
appendage the ptrket) he oared them no compensa-
tion whatever. lie had, therefore, every reason to
1..4 for Intstility on the part of the chiefs: he could
not expect that a few civil words mixed with a good
dial of threatening would keep them in good
humour. It was, therefore, Sir Hallett's business WI
eniwiliate the commonalty of the Kaffir*. On the
contrary. lie pursued a policy that could not fail to
exaspende them. They are a pastoral people, sad,
their country is liable to frequent and long-con-
tinued droughts. They require an extensive terri-
tory for their cattle, within which they may shift
from place to place when water dries up and
herbage is consumed. Now, Sir Haller bog's
by cutting. a huge dice ff from the Year
countay and ineorporating it into the Wow.
IN% tug thus narrowed their pasture loads. he
rant in settler,. (the inhabitants of the military
villages) to crowd upon them in the narrowed space.
The lost year was tow of severe drought, and every
Kaffir alto owned a cow or goat. wad made to feel
keenly the effects of these proceedings of the Lord
Mich C ...loner. The eassequenee was, unicer-
xol of which the malcontent chiefs did
not hesitate to avail themselves.
The une.t rentarkahle circumstance about the recent
outbreak in K offirland is the obstinate wilfulness with
which Sir II sKRT Seim and his official subordiades
chews! their eyes and cars against every symptom of
impending danger. Colonel Ildalustrax, Captain
NI-wl.l. %N. and Mr. Fe tit, all three observed a gene-
red misettleiiwnt of the minds of the Kaffir* as early
us Awieit List. In July Sir ANDAIMI STOCKENKTROII
had bluntly. and earnestly warned the governor that
pyry.i,biare w his kolic7 must inevitably lead to blood-
shed. In 1 lictober. Mr. LULUS, the Kaffir interpreter at
(indium's-town. placed in the hands of the govern-
ment proof of a general conspiracy among the Kaffir
friendly chief warned the resident at
King William*, Tiocu of what was going on. It
:141 notorious that most of this Kaffir servants in
the voltaic had been recalled by their chiefs; and
that the rew who entered into new contracts uni-
liirinlv refused to do so for a longer csrediod than one
imolai. But to all remonstrances upon these
facts Sir I !Altair Sarni rcpliedthat it was impossible
the 1311111114111 Kaffir* could be dissatisfied with the
',Mental p!veruterlir (paternal ! robbing tlwm of
their pastures in a year of drought) he had given
them ; and Coloiwl M.tcKlltltolt laid down the law
thin until certain events occurred there could be no
Kaffir star, the war being now in full swing, though
the t necessary antecedeuts have nut yet taken
place.
If ever the colonists shall be called upon to con-
tribute to the expenses of the war, they will reply:
lostilities comnwneed in a territory outside of the
colony.. governed hr Sir HAUT SMITH and his de-
pend:nut. in a hivii we have no interest. arid can
- no control." They were provoked by a eye-
• irritated at once the chiefs and
hexing the British no friend.
persisted tn. notwithstanding the
.if Sir At4Datill ilrecxxxsraos and
showing what must be its necessary
' ^d the perversity or infatuation at
shutting his eyes to the un-
that war was unpendmr
take him banap=tise. are
make rat a • cue for mei-
Sarni Earl GREY to defray
the new lAA' war; but they have
colonists.

AND CLERICAL.
_ 21—The vacant Hertfool scholar-
e32.:22mtreeoe.t of Leas btentsze mid*
• barn Rebels:, et 13•111.
NAVAL.

, Xmas IL Anciarnains.
wetter a ills at
SuPWIWOoIoWL—J. MM. M tbe Brie.
Master.—W i• P=4*
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gets
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ADIUMALTT, Mama IL
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ti w. H. 6Thansts le be *ram if tbs Zed ; Tsp.
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Sir C. PtsrisLGß, Is Is norrisi. d as tit
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W. W. IlAssersA Ss IstesAsin. et Ur
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I Beer4assat

this agreement was concluded, and all its details
arranied without the previous knowledge or authority of
our board, by gentlemen representing the Shrewsbury and
Chester Railway, who at the same time were acting in con-
junction with a deputation from your own board, in friendly
communication with the North-Western Railway Com-
pany." According to this, therefore, in the opinion of the
committee, the board were nut duly attending to the in-
terests of the company. Tile meeting of the 12th Mardi
concluded its sitting by a resolution of the majority, that
further consideration of the report of the directors, and the
report of the committee of inquiry, be adjourned to the 4th
day of April, and that the directors be instructed to
pH a special meeting of the company for the purpose
of adopting or refusing the offer of the Lando" and Worth
Western Railway Company, and for condensing and de-
termining whether so much of a bill then is parliament
promoted by. the Shrewsbury and Chester Company as
affecting the interests of the Shrewsbury and Birmingham
Company should be opposed ur supported, and to consider
and determine all other matters included in the report of
the committee of inquiry. While things were in that state
the Great Western Company on the 20th March filed their
bill for specific performance. It was sworn in the affidavits
of the plaintiffs, and not contradicted by defendants, that
this wee done in concert with the defendants. On the same
day the Great Western Company obtained leave from the
court to give special notice of motion for the injunction. On
the same day the Shrewsbury and Chester Railwa Com-
pany filed their bill, and made the same application. If} all this
was done against the wishes of the shareholders what course
were they to take ? By the Companies' Clauses Act it wee
enacted &at five weeks must expire before a special meeting
could be convened. Before that period could expire the
orders, consent to which it was sought to restrain, might be
obtained, and the company be irrevocably bound. The
only course let was, as in the Exeter and Crediton Company
r. Buller, for certain of the shareholders to file their bill
trusting to its being afterwards ratified by a meeting of the
shareholders.
Mr. Stuart was heard in reply.
His Lordship said that the application, though of a formal
character, involved a principle of some importance. In the
common ease of a bill tiled without due authority in the
name of an individual • motion to take it ff the file with
coats, to be paid by the party filing it, was of course. But
bow did the rule apply to a case like the present ? under'
the Companies Clauses Consolidation Act the parties who
IMO pima facie alone entitled to take legal proceedings in
the mama of the company were the directors. For this'
prawns they were entrusted with the seal of the coin-
gong. , and were authorised to proceed either at law
iw in equity, as they might see fit. But in that
as in every other act they were subject to the control of a
reel meeting of shareholders. To the exercise of this
eestrol an obstacle might sometimes arise from the fact that
gars weeks must elapse before a meeting fur the purpose
could be convened. The act which it was desired to con-
trol might, in the meantime, be done, and mischief appre-
hended therefrom arise. What then was the proper course
to be pursued under such circumstances? The case of the
Exeter and Crediton Railway Company led, he thought to
the conclusion that Lord Cottenham meant to lay
down a general principle applicable to the companies in this
position; and to say that cases might arise in which
parties interested as shareholders might take on themselves
with greater or lets authority to file a bill in the name of
the company, relying on the subsequent ratification of their
act by a meeting of the company. What the lord Chan-
cellor meant to say in the Exeter and Crediton case was
that circumstances might exist in which if a shareholder
took upon himself to tile a bill in the name of a company
the court would not interfere brevi menu, as in the case of
suits between individuals, to take the bill off the file, but
would wait till an opportunity is given to convene & meeting,
amine whether it will sanction the suit or not. The principle
upon which the court would so proceed was intelligible
enough. It flowed from the legal maxim, Omnis rati-
habitio retrutrahitur et mandato priori aspiparatur." In
other words, " That a subsequent assent given to what has
been already done has a retrospective effect, and is equiva-
lent to a previous command." If that might be done in
some circumstances, the question was whether the circum-
stances of the present ease were such as to warrant tho
application of the principle. He thought they were. His
lordship then recapitulated the facts of the case=mil
Mr. Wood in his argument, and which he e
as the true result of the evidence in die OMB.
Did those facts authorise the application of the principle?
Was there a probable reason for supposing that the share-
holders would have approved of the filing of the bill ? If
the plaintiffs were right in saying that the majority of the
shareholders were oppoeed to the acts of the directors—end
that appeared to be the result of the evidence—they were
right in filing the bill in the name of the company. That
set, though commenced without authority, would, in case
of their obtaining the sanction of the meeting of shareholders
so the 4th April, become, by the retrospective effect of that
sanction, an authorised act. It appeared to be clearly
a proper course to pursue. The general principle upoa
which the court acted was that where conclusion of proba-
bility arises from acts done by the shareholders, that the
pa comny would have filed the bill if it had been possible to
do so in legal course, there a shareholder may tile a bill in
Ithe name of the company by anticipation, and the court in
each a case will not take the bill oft the file until an oppor-
hmity bad been afforded to the parties tiling it of ascertain-
ing whether the shareholders will sanction it er not. Act-
ling upon that principle he would follow the course taken
by Lord Cottenham in the Exeter and Crediton case, and
direct the motion to stand over till the first day of next
Term, by which time the sense of the meeting of share-
holders called for the 4th of April would have been made
known.

Buono Tica.Camicau.i.a Extort Baum
ATTORNEY-GENIIS:IL r. GREAT NORTHLICI RAILWAY
C . lINJCNCTION.
Mr. James Parker and Mr. Mesaiter brought on again'
this CAW., which, it may be remembered, was an applica-
tion for an injunction to restrain the defendants from
interfering with the use by the inhabitantsuf Offord d'Arcy
of a portion of the river Ouse. The motion had stood over
till some questions of fact and law were decided in an
action.
Mr. Wigram and Mr. Denison were for the company.
The Vice-Chancellor said that two matters of fact which
had been in dispute were now established : first, that there
Was a public highway from the road to the river; secondly,
that the river was a navigable river. It seemed also estab-
lished that iu point of law the defendants were en-
titled to interfere with the navigation of the river.
Ilia Honour was, however, of opinion, that the defen-
dants were nut entitled to obstruct the use of the
landing place. lle held that preventing such a. use of
the landing-place was altering the course of the river iu a
way which the defendants were not entitled to do. There-
fore he thought that the existing state of things ought not
to be permitted to remain ; and as the defendants had un-
dertaken to deal with their works at or near the landing-
place in such manner as the court might direct, they must
be ordered to restore the way in some manner that would
reasonably satisfy the plaintiffs, or he should certainly feel
it his duty at once to atop the railway. The particular
language of the order might be the subject of future dis-
cussion, and his Honour recommended the informants to be
reasonable in their demands. They would not find much
favour from Min if the company made a fair proposal and
they rejected it.

THE POLICE COURTS.
GUILDHALL.
(larks Jennings, driver of the omnibus 6,927, was sum-
moned for causing violent injury to a passenger by his con.
vcyanee.
Mr. .1. Polwarth, of &Imre-square, said that he entered
defendant's btu, telling him to set him down in St. Paul's.
churchyard. On reaching the end of his journey he was
getting out, when, while he was still gentling on the step
of the vehicle, defendant called out " all right," and the
horses went on. Complainant was thrown to the ground,
and catching the handle of the door in his descent, was
dragged along the ground through the mud, and received
numerous severe contusions.
Defendant pleaded guilty, but said he was not accustomed

to the hones. _
Flossie said it was a bad ease,

• iii,z--71,1.',.,Putulf.rwn i:toprrill;t"..h lirille,iYsingtalire:titernce:riul
eotwith
masioustraneas of Sir AN DIMS STOCK
1 ether colonists, Annie% idiot in be
core..luvrave. And the pwrienity or
Al Sir II tsar SMITH. be eiltibar boa eyi
inistakruble ~vniptcate that war Ira to
• bled the lisifin• to take bkailym
iiwnt Might easily sake out a
yelling Sir ILtaie Surra sad =lt 43
the expenses of the new la/Az war;
, I no hold on the colonists.
UNIVERSITY AND CLER
Os es at i r, NI tom 2S.—The vacant Hi
.164, fur the eneouragemest of Leda litero
them WCTIV di V3ncliaateo, bee been gainer
lieurge Wyndham Herbert, wittier, of DI
NAVAL.
Atom: %LT V, MARell 26. —An
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Deputy Inepeetor of the lisivilsl a* Melia
surgeon Nupenntentlent—J. W. Elliott
I:, rend Hamer—M. N Is the Pr
Miner's Assnoint.—F. 0, Is f
(rem liet sierel )
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