The Express.
London, England, 1847-11-11 00:00:00

BAIL COURT.

THE QUEEN O. THE TOWN COUNCIL OF TER BOROUGH
OF SONDERLAND.-CBRTIORARI TO BRING UP ORDERS POE
PATBINT OP MONEY OUT OP THE BOROUGH FUND.-Sir
F. Kelly moved fora rule to show cause why a certiorari
should not issue to bring up certain orders for the payment
of money made by the town council of the borough of Sun
derland, and that such of them as the court thought fit
might be quashed. The application was made under statute
7 Will. 4 and 1 Vie., c. 78, by which the court was em-
powered to bring up orders for payments out of the borough
fund by certiorari, and to quash them if they appeared to be
illegal. In the borough of Sunderland, the watching, light-
ing, and Imp • ,is vested in certain commissioners, under
various acts of par • ent, from the reign of Geo. 11. down to
the present time. In the year 1846 the corporation desired to
take the management of the lighting and watching, &c., and
of the funds applicable to those purposes, out of the hands of
the commissioners, and to transfer them to their own. For
this purpose they brought in a bill in the present year to re-
peal all the former acts, and to transfer the powers, duties,
and funds connected with these functions into their own
hands. They resolved at various meetings of the corporation
on the creation of a body of persons called the Local Trusts
Committee, and entrusted them with the conduct of the bill
in parliament. The bill pared through several stages, but
was thrown out, and though an attempt was made to have
it recommitted it was unsuccemful, and the bill wholly
failed. The expenses connected with this bill were
upwards of 1,0001., and by several orders of the
corporation 1,5001. was paid out of the borough
fund into the hands of the Local Trusts Committee, and ap-
plied to that purpose. Now all these orders were clearly
bad. By the Municipal Corporation Act, 5 & 6W. IV.,
c. 76, s. 02, the borough fund, when it comes out of the pro-
duce of any property, is made applicable to certain purposes
connected with the expenses of the borough, which are
specified, and after those expenses are defrayed, any surplus
which may remain is to be applied, under the direction of
the council, for the benefit and improvement of the borough.
Inthe present case there was no such surplus, for the borough
fund was raised by rates, and was not derived from property,
and the money so raised must be applied strictly
to the purposes specified by the act of parlia-
ment. Another objection is the application of the
money was, that even supposing the obtaining the act
of parliament was to be considered as an improvement
of the borough, and if there was any surplus from the bo-
rough fund, still the money must be applied under the di-
rection of the corporation ; but in the present instance they
had created a new body and vested the money in them, to
apply it to the purpose in question.—Rule granted.

COURT OF EXCHEQUER.
Sittings in Banco.
CUTRILL AND OTitalin e. KINGDoM.—BITILDINO SO.
C1117135.—Mr. Browne moved for a rule to show cause why
the verdict which passed for the plaintiffs, before Mr. Jug.
tics Coltman, at the last maize' of Croydon, should not be
set aside and a new trial had, on the ground of misdirection.
The action was brought by the trustees of the Metropolitan
Building Association, to recover from the defendant, a
builder, the sum of 3201. 16s. 3d., upon a covenant in a
mortgage deed for the payment of such fines, premiums, and
other monin, as should accrue due upon 29 shares of 1501. each,
held by him in that society. To mortgagor the advantages pre-
sented were these: In the event of the money being re-
quired by the lender, it might be discharged by a loan from
the society, and so long as the member continued to pay his
monthly subscriptions he could not be again called on to pay
off his mortgage, by which means he avoided the expense
of frequent transfers and was enabled to repay his loan by
small monthly payment*, instead of being compelled to pay
it off at once. It was contended that the plaintiffs could
not recover—filet, on the ground that the society was ran-

dered illegrl by contemplating objects unauthorised by the
provisiess of the Building Societies Act (6 and 7 Wm. 4, e.
32); secondly, that they had not complied with the third
rule of the society which required that no legal proceedings
of any description should he instituted until the approbation
of a majority of the members present at a epeciel meeting of
the society should have been first obtained ; and thirdly, that
the question involved in the action was " a dispute" within
the meaning of the 28th rule, which directed that the deci•
sion of the committee, for the time being, should be first had,
and that it should be conclusive if utiafaetory, but, if not,
that reference should be made to arbitration pursuant to the
Friendly Societies Act (10 Geo. 4, c. 56), and that such
decision should be final. The misdirection complained of
was, the overruling of these objections by the learned judge.
In support of the motion, it was submitted that in the pro-
speetus annexed to the rules, the society contemplated the
lending of money on the trawler of mortgages, which con-
stituted it a loan society, and was an object not authorised by
the act ter the regulation of benefit building societies. That
statute was passed for the purpose of enabling the industri-
ous classes to form themselves into societies for the purchase
or erection of dwelling-houses. It also provided for raising,
in shares of 1501. each, by subscriptions not exceeding 20s.
per mouth, a fund, out of which each member might receive
the amount of his share or shares therein, to erect houses or
purchase estates, real or leasehold, to be secured by way of
mortgage to the society, until the amount of the share or
shares should be rally repaid, together with interest and all
other payments incurred in respect thereof. The purpose of
the legislature was manifestly to aid the industrious classes,
whereas (it was contended) it appeared, tlxia society had be-
come a loan society. There was nothing to prevent them also
from charging enormous usurious interest. From what trans-
pired at the trial it appeared so high au interest as seventeen
or eighteen per cent. was chased upon loans made by the
association, and their rules authorised it —Mr. Baron Parke
You cannot call that usury ; the transactions were be-
tween the subscribing members, who are partners.
—Mr. Baron Alderson raid he perceived by the thirty-
first rule that the majority of the members present
at any meeting specially convened for that purpose, by
giving seven days' notice to each member, had full power to
declare the association at an end ; that all the accounts
should thereupon be finally closed, and that the resolution
should be effectual at law and equity as a release from all the
members. That was arming some of the members with a
frightful power.—Mr. Baron Parke asked whether those
rules had been certified by Mr. Tidd Pratt I—Mr. Joyce,
who appeared for the plaiutiffs at the trial, intimated that
Mr. Pratt had certified them.
The court were of opinion that there were no grounds laid
for disturbing the verdict As to the first objection, with ,
reference to the legality of the society. From the use of
the word " shares" in the statute, it seemed there was no
prohibition to any individual holding more than one there.
However se that objection had not been taken at the
trial, the court (lid not now feel called upon to pro-1
nounce any opinion. With regard to the second point,
it appear( the consent of a " special general meeting" had '
been obtained before the action was brought; and although
the rule stated it should be a " rpeeial meeting," the court '
could not distinguish one from the other. The notice con-
vening the meeting and their consent was sufficient. Then,
with respect to the last point, it was quite clear that the rule
requiring disputes to be submitted to arbitration, did not
render it imperative to refer such mutters as were involved in
that action. The court were therefore of opinion that there
should be no rule. Rule refused accordingly.
This was the last ease in the new trial paper.
BADDELEY V. GINOELL.—LOCAL RATes.—This was a
special case framed to obtain the opinion of this court on
the question whether a certain part of the defendant's pro-
perty situate in Essex-yard, Ifigh•street, Whiterhapel, was
liable to rates under the 57th Geo. 111., e. 29 (the general
paving act), and also under a local act for lighting and im-
proving that locality. Sir F. 'fhesiger, Q.C., argued the
ease for the plaintiff, and contended that the property in
question was liable for rates.—Mr. But, Q.C., was beard for
the defendant —The court decided that the property in
question was liable to rates, and that the plaintiff was there-
fore entitled to judgment.

CONSISTORY COURT.
Ek•fore Dr. Lushington.
TYLEE v. TYLEE.—This was a euit promoted by the hus-
band against the wife for a divorce by reason of her adultery.
There being no opposition on the part of Mrs. Tylee, the
details were not entered MM.—The learned judgeconsidered
that the adultery was distinctly proved, and therefore signed
the sentence.

COURT OP BANKRUPTCY.
Before Mr. Commhstoner Hotroyd.
IN RE BOYD AND HAREEN.--COMEENDATION OF TEE
COURT.—These bankrupu carried on the business of silk
manufacturers in Spitalsquare, and this was a meeting for
the audit of accounts and certificate of the separate estate of
Boyd.—Mr. Groom (the official assignee) and the trade
assignees expressed their satisfaction with the conduct of
Mr. Boyd, the present applicant —His Honour said that the
meets appeared to be very well realised, and that there would
be a very good dividend, and he had to commend the good
conduct ofthe bankrupt for the assiatance he had given in
getting the assets in.—The debts in this case amount to
about 20,0001., and the meets are about 12,0001. or 14,0001.,
out of which suns 9,0001. bas been realised.—No opposition
was offered, and the certificate was granted forthwith.
Before Mr. Commiskoner Fonblasque.
IN RE WILLIAM KNIONT.—THE WINE TRADE.—This
bankrupt, who was a wine merchant, carrying on business
at Reading, now applied for his certificate.—Mr. Ogbourne
handed in the balance-sheet, commencing in February, 1846,
and ending in April, 1847, which showed the debts to be
2,8691. Bs. 6d. ' • liabilities, 2,2491. OA. 10d. ; to meet which
there were good debts, 181.165. 4d., and property 2861.55. Od.l
profits, 201. 3a. 4d. ; while the expenses were 6721. 18s. 7d.,
and losses 2,0931. 13s. 2d. At the time of the commence-
ment of the balance-sheet the bankrupt was out of trade,
but, being possessed of abaut 3,0001., he assisted his brother
in a brewery at Reading, and now traced his failure YO
having become guarantee far that brother to the extent of
2,0001. The brother has become bankrupt. Tke ground'
of apposition were, that the property mortgaged by the
bankrupt did not realise cost price, a preference to the per-
sons holding the guarantee, and that the books were very
irregularly kept—The bankrupt said, in explanation, that
when he took the brewery he was possessed of 3,000!., and
did not owe 1,0001. to the bankers.—The solicitor opposing
said that there was no account filed between the bankrupt
and his brother, who had put forward his balance-sheet
—The official assignee said that both of the brothers' accounts
agreed.—Mr. Commissioner Foublanque said the certificate
could not be immediately granted. There was a discrepancy

between the expense* ,ad the profits, and there mast' be it
detailed account. Suspended for three months, with protec-
tion.

sere Mr.

IN RE HIINNY-liiNTP;7ITHE AB;;;ONON BA.NX.—This
wee a meeting for the choice of assignees in the matter of
this bankrupt, who was a banker at Abingdon.—The debts
proved in the course of the day were to the extent of
between 17,0001. and 20,0001., and the amignees chosen were
—W. R. Howell Barker, surgeon, of Viantage ; J. B.
Barrett, Esq., of Milton; and Isaac Roby, farmer, of Har-
well —lt an uncontested choice.

MIDDLESEX SESSIONS.
Before Mr. Serjeant Adam..
THE NOVEMBER GENERAL emssiom commenced yesterday
at Hicks'. Hall. The calendar contained the names of
101 prisoners for trial, of which number 84 were charged
with felony. The state of instruction in reading and
writing was as follows : 19 could read only, &3 could reed
and write imperfectly, and the remainder were totally igno-
rant of both, Not one could read or write well.
A CUNNING THlEF.—Charks Morris, 19, was indicted
for, and convicted upon his own confession of, stealing a
number of articles, value 151. 125., described as the property
of the Duke of Bedford, Lord Bateman, J. Lewis Ricardo,
and J. W. Ogle. It appeared that the prisoner used to
prowl about Belgrave and Eaton squares, and get into con-
versation with persons sent to deliver goods at the residences
there. He informed himself of what sort of goods were
about to be left, and by whom they bad been sent, and soon
after they had been delivered he would go to the house, and,
under the representation that the goods had been left by
mistake, get them into his possession. There were miti-
gating circumstances in the case, and the prisoner had
hitherto borne a very good character—The court sentenced
him to six months' hard labour upon each indictment, each
punishment to commence and terminate at the same time.