The Express.
London, England, 1851-01-17 00:00:00

Eatu intelligence.

EQUITY COURTS.—YEITEIDAY.
hums Tilt Loao CIUbCILLOL
FOWLZIL V 81114111. AND OTKIELO —Hansa( Or TRUST.—
LIABILITY or TILCIITittI.
This was aa appeal from • decree of VimeChasealier
Knight Brae, under the following circumstances :—By an
indenture of settlement, dated is 1425, the late Mr. Thomas
Bob, upon the maniere of his daughtee sad only child with
Mr. Reset H. Fools, transferred 8,5001. Controls into the
names of hi. sin. Aqua, and Webs, sod others, in trust to
pay the dividends to the ser.ler's said deaghter, after her
marriage, for her separate me without power of antinomies,
end after her d nese, leans; cluldres, the capital V. be
divided swot* them at their ages of 21. Paws r missives to
the said trusvieh_at their discretion, andwith the written me-
rent of Mr. eat Mire. Fowler, to sellout the sad Meek, sad to
freest the preened. is other stocks. or in real eecurittea At
the date of the said ladestete Mt. Din, Mr. 1. Oyer, and
Mr. R. Heck. s, is. re madded. as prams, to flOf Mill copy.
held pro. site, celed Veuthall Gareleas, sad as the proposal
of Mr. Dish. Jima alter the incaution of the 'adopters, and
before the marriage was solemnised, anti upon a memoran-
dum is wnt.ng, missed by Mr. Fowler and his itreaded
wile, sad es :and en the mediator*, resenting the
trustee+ to sell the and rock, sod lend the premeds
to Sr. Dub and his sod two Futon+ In the Veal.
hall Gerdes, epos mortease of their interest la them,
the (sloven sold Oct the stock end lest the mosey to
Bob, &lye, sod Hughes, on the tewierethadiag lust they
would es.vii• • mortgage of the garden* to secure the repay
meet cif the lota in hr. years. No mortgage or other
secarisy we then ,ekes. Mr. Biel soon afterwards retired
from the Wsushsll property, which breams vested in his
psrtaen, .r.. 1 Hughes, who coatieued to carry on the
gardens, as f in 1416 trey esecated • moorage to the trus-
tees o' the lodestar* before meatirseed, to wears repayment
of the slid boas, subject to prior taqr gage,. The property
1. cam- iasufßtiest to psi the monies. s. Toe toll was filed
to 1.14 by Mr.. Yowler sad the e .iklren of the manage
aguiriet 'h.. trustees of the settleineas, chemise theas,espe.
couly Mr. It. 3 sell who was the acting trove.. wttb • breech
of tray, se I prey is,l :bat it mig..t u &eared that Le sod
his co-tras.••• were retiotiOny ROOe to wake twit the las
wt, ti wee ocessi.Ald by the insufficient; of the mortgage
propsrty for fel gym. eat of the loan.
he Vice-Chaot -dor decree t that the trustees were guilty
of • breach of lewd, and ordered item to bring adamant
the fs,fiory.
Mr. L. Wilma, Mr. Drewry, Mr. Osborne, and Mr.
Ooldthslat were heard in supp.rt of the sppcel. Mr. *Moon,
Mr. Matins, Mr. Freeliog, sad Mr. Humphrey supported
the VieseCkancelloe's out. r.
TIN areameess were not condoled at the fling of the
watt at 3 o'clock.

R, ma. Trot vl .•rta nr Ton Ron!.

Bit% axe t Txl SotT■ Darox It•ILWAT CONPANT.—

scitum:

Mr. Tame, with whom was Mr. Stevens and Mr. Cairns,
moved for an iajunetion to flowage the defendants fro.
appiying the fowl. of t►e compaay is ob•sieies an act of
parliament to alter the relative right. of the original and
prefereetial sharehn!dins in the pil•a of the company, and
from est. ■ the name and suet of th• enmpa•f fur the pur-
pose of introducing or **heftier • Lill is parliament with
the 'love tar atsoised object. The plaintiff was • holder
of (mislaid then • is the coape•y, bad he contended that
Me prop sed act was cot her the cuamva Insert: of the
shareholder..
Mr. Palmer sod Mr. Mall appear.o for the de'endania,
lhe we was nut c' tcladed.

Banda Vic eXwascru.eat Erten. Beres.
iltatte F." or TIIN COVIsT.
The Vice Chancellor te.tistated to the bar that, cm and
after the 2lth, pleas, demurrer., further directions, and
exceptions li...id be taken on Fridare, and no other busker+
except by special leave. To them hie honour added, at the
suggestion .4 the Attorney Cf. nits', objec•ioste for weal or
panic. to the Fridays' batiste&
Mt Minoan, WORCIDITTIA, AND CIIIIPTIS JUNCTION
RAILWAY CONSTANT.— &Whale@ CANS.— WiIiDING DT
Acre.
Mr R. Palmer sad Mr. Caine, Ice the distal imager,
moved (by may d appeal fr sa the declaim M Sir Worsts
Row, the Muter champ d the wirediaetaip et the above
eosepaer, that tbe yarriadent*s nests satirist he Warted in
the de. of contributorks. The respondent was one of the
provitioaal yanatiiti mote, and on the 23ra1 of Srptrrnliir,
1441, re teivid trona th.„ secretary a letter in the tullowag
Wow
I an iestructed by the committee of meethemeet to
tutors you tbs., as eue of the provisitas: committee, 280
shasis, or any lea numb r Alin he reserved for
you on year cequatatiag me helot, Wednesday, the 24th
Wetter, whether ycu desire to have that or gay feminist*,
appectioa.d to you." ()a the same day the respondent
answered am : --t. I shall he pled to accept the 2:-.4
sham in the shale cOrepeny, rfered me as one of your
peuvistatel cossesittse." On the 3.d of October, the
managing e immittee pawed a revolution that the secretary
ahoil.l mad letterset allotment to the provisional committee
for Ind abide. secompsoying the seen. with an
isitiatation Piet that numb." was part of the 240 offered to
them be e nullities of monsignors!. In%punuanee of
this resolutioe, tie secretary mat to the respondent • letter
at Mimerest as follows

" 16th Oetober,lB4ll.

(Sit trantferahh.)
et Sie,—The enmmettee of management having at vote I
regse•t allotted to 700 too share r of 2111 tech to this touter-
Mhos.. 1 am elerect. el to re qu• et that ynu will pey the deposit •
of 21 2.,, p r Mote the ei on, amounting to 1101., to the •
account of tn. coop trey with soy of the undeemeatiosed
bickers on r helice doe 93rd of October lastest, otherwise
the ailotmeut will fie conceded end the Maim devoted of to
other applicants. The teeter must be produced at the dam
of payment nil the elersit, aid the "trip cetedicate will be
deity. red isatAaagebr the bu, keet. receipt., epos your
attending with the some at the I 111,e, aid elevating the
parliamentary ceatratt and autnerilt. re agreement."
Thn letter was 'mimed is sa Aber, also Mat the mere.
Mel. which • as es endows.
" Kotl..it 1 beg to hand you an allotment for 100 share',
sad I as en ?rutted to m quaint tog that if, when the eum-
satin shall have made their alleha.•l.lllU, they bud thou-
"elves eseabled to r reply with the it oeigensl eateation of
app .rtioning you 210 shams, they will be happy to do so."-
The respondent had sot done anythiag lumbar, and had
set pool any 41.141.0. or ..trended hay stetting, eo for as
'Repute d trim the evoke ce.
- in supp re of tbe appeal the., or decided by the
Meese of Lletle, 614 fohow.d by Lord tlitauworth (a
blamer's cem. was relied ere.
Mr. l'oge Word end Mr. Southgate, kr the resradeat,
menteeded that the mews were el- ymitarable, iammaueb as
then was no* in the precut ease any SEISTI 14.14/44.11111, se
there was is VI till'. earn. They argued that dm ease new
before ll.e c set man rather 111,1411 tee principle ea which
Carmichael'. ease (17 Solves', 10), Maadttat's ease (17
Simone. 1;7), tad " Aelepittil r. ftsecorabeh (19 Law
Journal, 012. unser. deed. They also submitted that there
us great et Rica"" y la itliOetetandiag *pea what pr,rciple
U 1 'rhea nee w deetd• d, re bow the miles of the character
of a provisional committemnaa (which Aid not of itself mate
habitat) with ...at 01 au active (which did ant tither of
latellmeate liolouty eves it elm deposit was paid) ceoiW, by
jennies twee mousse together, rio twee Liability, mid that
consequently the aettionty could ant he ea:mded to • case
sot ta.unty *lloilo, In its nreasrtaaeei.
Mr.'relater repliii.f.
. .

fe;; Vat. I..h.neeitrer said, that so lees the !loan of Lords
judicially err the 1 gentian should repast from U, fill'.* re,
or cheap n e.. 4 to be moordieth to the I sw. other courts Of
jerk, new, in et glietinernishatile spa ir, men..
togannises to thee ',ember, a an authoritative ar iseth.irat
eaposiiina et the lew of the country. His Honour thought
the present tea., however, ploosatiaby distinguishable
non iphire ease. The film quati. a was, whether the
lotion of the ltleh sad 23..1 f :thresher, formed a perfect
and Ploolagle.l roared The• of b. dnid.4 by t,,,
guars M the lettere throggeelve• ; tads.d, only by such
trlttrtileto evid.thee in in nett c oes ern always admissible,
with afar ace to the poi. ion in which the parties to the
Mtge/ contrast stood at the time, and with reference
to MO sabred matter. herefore sensate bap
lb. eistrt, beyond these balm, could not be
rourtred b,r the purpose of weans, then, tzar alibis
those ben., Ignite 'belayed by porioray sod sow univp
sail, understood. Consehrisit time* /tan by tbasetives,
and orly Ith su..h okiatiot is the law gave. his Hamer was
eir °pimp that the true connive-tie aof the letter eras sot
Wt they amounted to an seen alioneat, sad an wheal
sea pump, but an tler, a proposal. to all 1, at some haters
spa g•hen allwinge thould take plop, if ever that time
should coon', a vetoes somber of shares sad as aseeptaase
of Iba' off. r oei the I at! at the moos to wanes the offer wu
and., sad thetehoe it according te the tans of the two
tenth. 230 share, had been &flatted. liis Hoop, wan sot
prepared to my O.: Mr. linker would sot Ears 'pea
bousd, or that ha would have beat entitled to trade frees
that plain ace ranee at which awned • pins offer. Is
the airentiese haw. ver, his Honour did not coneider
lam to have Pen is the rosettes ef a sharanlder, or to ban
bean to the pontoon et what wassailed ea aims.. lie was
Is this pontos, that he had heca .d..ed and had soceptest
set op ion to be plated is that pusiuon at soon presage ham*
tine. Thar I:50 shares were at pr, in point of inct, allotted,
bat I• the follow's/ menthol Onto, ( the esteptanag barns
beta ea the 23rd of September), within less than • month,
ensues • Iwo{ L. hi., %1....C1, take. by keel., reined to dia•
tegard every :nes *tat o.d preriouell ocearreil betties& that
parties, b',a is then teems-(hue Hanna reed it). His
Hosthr wee of epinurn tt if less were act a:coapaajed b
say other comma: Witt., Mr. Barbee was castled to dipsy
geed it, sad an entitled to eorsider it SI scut whin by ewe
mistake. He bad , tsar conernied, stiff lees had he ever
requited, to take "one hundred- abates. Two Itundnd
avid fifty was the cumber of shares which, Peng PP
offered to him kr had agreed, at sons tenure Feasible time
to accept. The theory, however, of these oppthed to Mr.
Barber upon this quote ion was, that the letter Just read saw
accorapatii.d by another letter of the same date. Mr
Barbs said it is an pr v.d that that I wee ever te-
caved by bin. Bat sesungeg, for the purpose of azassient,
that it was proved again' his, still the confect to which it
named was sot the /attest (if contract there was) tato
which Mr. Bather had entered ; he had said he would I
take ISO thorn by inetalnageats, he bad sot laid be would take
100 sham, la a state of ancertnaty whether that samba
wouldthe ided to or sot ; he bat said be amid take 230.
koween, if I. bad accepted this prepaid variation of
the former proposal se Patna (whichever it was), ke would
probably have Pea nand by it. He did sot accept it, he
did not nth eer it, sad he was sot, Ito hiluttur thought. I
bound to unmet it. Sthace oo such • communication could I
not Lave removably be.. coastrued, and ought an to hove g
bees tape, as toothier:mat to as 'neat or aceeptellice ; be
bad • right to he Paul, sad he mew Spa after this tho
lesbide bent, seeking kiwis; maned la the Militia*. Sin

ftimm,