The Express.
London, England, 1865-03-31 00:00:00

LAW INTBLLIGENCE. „
HOUSE OF IMWS.—MAsoa SO.
ernaLs.

Melon) the Lord Clisoselbr, keel Orthwerth. and Lord
rte,
•
'OLDIES° V. EASS INDIS 0011SUIT,—"vmusET.
This appeal was thud some little time since, sod the
further acclamation postpooed. It is es appal from •
decision of the late Loci Chancellor Campbell, thinning •
. rouse of the Master of the Rolla. The gosh& involved
b whether the appellant se the executrix of bur busliemd.
Jed Blephen Bold's% deesemid, late a civil servant el the
Beet India Company is Bessed, is entitled to a refund of the
,eislesmulated amount of his imbsoriptiona to the Need
Ord Service Anoulty Fasd—an Whistle° miabhelied
under the wispier of the fad India Oonipthy—sod the
pay meat of a certain guinea subscriptioo,
_eomprising • per
ammo of their to which, Width the subsoribthe
to • pro rata snow's& by way of annuity. As esetain age,
as their retirement from the mallet the oempsny under-
taking to mike • dzsd contribution to the had. Somme as-
&Gado& proposed la the Mee of the hotbed= were mods
from time to time, ameoget which it wee alleged was the
that the azimuths were arranged at • certain value, with •
right to • refued of the subswiptions in exam of the half
value of the annuities. The bite husband of the appellant
wee ea amiss' subscriber to the had, end "aired from the
"orrice is November, 1852 ; sod, seemaing to the Isles,
his
subscriptio• exceeding o&-lialf el the value elf the sonuity
of 10,000 rupees, as annuity al that smooth Was tendered
to him and accepted, which he required to be paid to
him quarterly. He at the same time applied for a Moil
d the emcee of the socuroulated amount of his
time, bat it was Wooed ; sod in April. 1866, lie f la:24aq
against the Best India Compaq and the smassees of the
food to obtain Ferment of that amount, 44,683 rupees, and
prayed for an isthsmion to nebula the defembints from
Wipitalideg so unappropriated balance alleged to be due to
the credit of the fund of 28,26,351 rupees, sod from apply-
leg the same otherwise than to the parpoer of the fend.
Biliethedlar answer the delimitate chid the 11.114•008 of the
disposable Wanes, and alleged that is hot there
wee • &limner of 6,63,428 mese in the balsam of the
fiord, which they had roads good, and that by the original
esnetitution of the fad DO peovislea wee made or intended
to be made for the repayment to subscribers of any portion
of the amounts oontriboted by them, although such cot-
Mitotic& might have exceeded, set only half, bat sees
the satire value of their immunise, and that any sash repay-
ment would be olied to the meth principle an which
the fund woe esteed, which was that at providing
equal retiring allowances to all the members of the civil
service by the ad of a perpetual csostributios to be made
ratably out of all the Civil service salaries, assisted by •
oentribotioe from the goverthiest. The question involved
tuned en the sionstrostics of adispatch
_of the Emit India
direstors of Bth December 1824, WTOOI4IO tbs Governor-
Geserel, in which the fund was origlaated sod its purposes
sad rules laid dowel. la Netheabse, 1814, the Master of
the Rolls dismissed the plaintiff's bill, sad the plaintiff
dying shortly after, the suit wee revived by the appellant,
lib widow and ethentriz ; and, on appeal to the Lord Chan.
ogler, the demos of the omit below wit la January, 1860,
affirmed, and the appeal dismissed with oath Hews the
preset appeal.
Bk P. Kelly, Sir H. (h all and Hr. J. W. chitty. cep
for the appellant ; Mr. B&W, Q. 0., Mr. Forsyth,.
.0., Hr. Giffaii, Q. 0., end Mr. W. H. •If shill, for t
hin`
respondent, who is sow the Secretary of State fee India, is
place of the East India Company.
The Lord CIDISOODOE. is daliveriag jedguwent, said that
the despatch of November, 1891. wee the east sat bF
twee• the East India Company sad the subscribers to the
fond : sod it was es • la that docammat that the
appellant founded a ebiim that no subscriber should be
called on to subscribe more than half of the sum ambulated
to produce his annuity. This perept however, bore so snob
=maim whieh would have been at midaDos with the fun-
cissoeutal ride et the fend, that all parsons sub-
scribing to it would have to contribute during the
full time of their service. The East India Oompany
undertook to guarantee the fund ter tereoty•flve years, bet
it was in its asters • fund wide( from the contributive
of the subscribers, which was to pent nine thoultheyearly ;
mid the guarantee of the caempiny oily gusimateed this.
It happeaieg that rains seathhate did Dot usually declare
es the fund, the soaps/m) souested that the theme which
thus accrued should be ref to the mintribatces at the
rate of half their subscriptions, but the propesitiou was
retested by the subscribers, and the soompany bested that
rejection as decisive that there should be no ref nod. There
was &thing on which the opponent amid fraud the repay-
meat which wee sought, end; therefore, he me of opinics
that the decree of the omit below must be affirmed and
the appeal dismissed, but without costs.
Lord Cron worth sod Lord Chelmsford delivered omen:root
("Woos, and the appeal wee dismissed without meth