The Express.
London, England, 1859-11-10 00:00:00

THE EXPRESS, THURSDAY EVENING, NOVEMBER 10, 1859.

LAW IN I ELLIti EN CR.
(THis DAT,)

EQUITY COURT.
(Before tits Lard Cloatiorliar sad Ur Ueda J attar.)

THE NEW EAST INDIA LOAN.

IN RE THE CoGNE VALLEY ♦ND lIALITIAD RAILWAY

COWPDX T.
Mr. Mayhew, at the sitting of the covet, bellpd to be
alb vied t, oreetrrn a petition which involved a gneetion
relating to the New East India Five per Cent. Loan, which,
woh the permisaton of VireeCttescorlior Wood, be had men-
tioned to their lordship. on Saturday Jest. His honoar had
favoured him with • written note of the form in which ho
~,a,„O the petition to be made ; the petition praying that •
otos of 7.200!. aright be invested in the New Five per Cent,
&A Lads Loe.
The Lord Chenoellor—The only ease enbruitted to us, and
the oily one on which I gave an °piston, arose oat of a diffi-
culty suggested by tse Vicr-CW,c.llo:oa aroma of the
two r ts (the :2nd and 23rd Victoria, 0.35, an act to =end
the Law of Property, end to Relieve Trustees, commonly
called Lord St. Leonardo' Act, and the act eathorieieg • loan
to the East India Company) receiving the royal sweet on
the lama day, and emetic; • supposition that the former act
antborisiag 'av .uses,. by trosteee in the New Rest India
Loan contemplated that the other act eenctianieg the loos
woo in existent* at the passing of the Trustees Act. It is
wholly irow•teriel whether the royal swot wee given on the
ewe day, and we should give the same force to the two attars
it the East India Loan Act had passed vie months before
the other. Any other point. which the Vic... Chancellor
wishes as to 000 eider we are reedy to hear.
Mr. Mayhew—Thu note vita which the ViarCbanosilor I

favoured OA we. as hollow..—" The appitcstits nide ao me
by the petitios was the: money might be invested la the
New Five per Coat. Indian Lose, 13W, as the gram/ that
such s coarse would be auttincheed by Lord St. Lemeirde
Act sf hot sempion, anehoriedag levemments by travelog In
Beak Stock or Zest Ingle Sock' 3ly dedicolty was this:
At the date of the paving of Lord St. Leotards' Act the
two mocks called Bank Stock and Eat India Stock were
well known to be the capital stock of the two great ocanpeakee
enoorpareted by charter., confirmed by acts of pailtement,
and that the dividend on tit* East India Stock wee, moreover,
guaranteed by parliament anal it should be paid off by go-
vernment. The India Fere per Cent. Loan is, inded, is the
form of a stock, teens/era Ale is books kept for that purpose,
bat it le a loan to the Indies gomeraneent, and not the capital
stick of a company, wither I. it guaranteed by the &Melt
guVOIMINIOL The only way Is which the question arose as
the time of beaming she act creating the Loaa Stock sad
the act of Lord St. Leonardo' was this.—lt wen suggested
that had the Loss Act been actually passed the legislative
might, is paean Lard St. Leonard: Act, h►ve had reference
to the sew stock that w.euld be crested by the Loon Act, but
even this raggestion Laski when et wee shown that it woe sot

ihe Lord Chase.l.l,e—Thea the quertion whether the
New Rest India Lout It to be ooesidered se Bret India
Stock 'rattle the roaming of Lord St. Leontrds* Act.
Mr. Mayhew—Pretiody ee.
. _

The Lied Chaantike—rw New Fkat Indio Stock la not
eskiintwed by the imperial goveranend, sad it woo the steady
idlllllliSatlOU of the rimming sod the Hones of C0.,-
... that at oboald sot be rukauteed.
Ik. Mai haw —The into and in Lod St. Leonardo' Act is
not ...nonskid stock."

Loth Jamie* Tamer—lt is the mese Mock aa that of say
outer aospaay.

The Lard Chant:Wk.—lt is e stock rased for the scurries
f !bar itaiesty's Swat Indian dixwinutvi, secured upon the
Nevem* of the Let Indle., and is Oct guaranteed by the
.mperial geweinsuest and If the East Indian Toyama
%mid be defective the holden, of the stock would not get
their dividends.

Mr. Maybow—No doubt that la a coustquotos whiAt
would auwwa sad peohably tho uopnial amettaquer would
bare to awarauba

The Coot Mesetallor—What are ths words of the section
ia question of Lord St. Leotuirda' Act b
Mr. Mayhew—They ore as follows—it Is the 32nd seo.
tka —" Where a trotter, executor, or administrator, shall
not by woo instnuassto creating his treat be expressly for.
Warn to must any trust ftuul or Nei securities in any
part of the United Kingdom, or on thit stock
of the Bonk of England or !reload, or on But Ladia Stock,
it shall be lawful fur such trustee, executor, or administrator,
to invest such trust fond or such seem ides or stock ; sad he
Atli not be I.E. on that account se fora breach of trust—
proeidad that snit investment shall in other respects be rea-
soma& sad proper."
. _

The Lord Chincellor—l should toy that this Now But
India Bice k is East !wile Stock within Use ossaiss of that
act ofparlionated ;it I. stated in theta ;Is cansieseed so on
the Stock Earl:tango , tad though it is not goareatesd by
the imperial government, It is se well smeared as Bank Stook
es any other itxk enumerstad in the Oct. I believe that
the mews why the pre e of the stock is noir so high is Gs
account of its being taken in that somas, and it is a very
safe security.
Mr. Mayhew—May take the order fir the investment P
•

The Lord Chancellor—That is my opinion.
Lord Jolliet Knight Bruce—The west of a guarantee by
the born* government makes me feel a doubt, if there is
another Nam India Stock in existence guaranteed by the
government.

Lord Justice Turner—lf then was a Muck existing at the
time of the p.nl. of Lad Bt. Lsonarda' Act which was
guaranteed by the governors:lL I should think that act
did sot iaclode a .tuck not so guaranteed.

The Loyd COMoBllol—The renal description is " But
India Stock," one of which la guirantesd by the govern-
ment, end the other which is not. Waa the old stock acre•
ally guarantvid by the geverowent r
Mr. Mayhew—lt was.

Li:ord./ratite Knight Brace—When this matter wee before
na on a former cscsrii.-m. the impreesion on my mind wee that
the former haat (ohs Stick was cot guaranteed by the go.
vernment. I suppwe my impression was erroneous. The
present point to our on which three minds might ressosably
differ. As the wetter is of general interest, whops the
Loral MaimsUor oily think • Sclaratory act neat session to
be cremeary.
Mr. Mayhew—There is so such gnaran.es, in the ordi-
nary rue, OS the old ESN India Stock; but a fund was
set apart by the home goveroniet.t, as • security for the
psy meat of the holders of the old Law India Stock, and such
fund was crested by the act of 1533, when the charter of the
Era India Cutaway was altered.

The Lord Cisme/aloe—lt seems that there was origi-
nally no gaseanise, and East India Stuck wee
like that of any other commercial company under their
charter , but by • cub* quest atrangement between the Bad
ladle Ciuipeay and the Imperial government, and for the
security or Ms holier of East India Stock, a fund was pro-
vided on wisish toey have a claim. Still that was Eoot India
Stack, sad this hi Emt India Stock, mid at present I abonid
say that thocub the new stock is not guaranteed by the go-
vererunc it is East laths Stock slake the mcanieg of Lord
Lc mardi A.

Laid Justice Knight Bens—lt does as appear that we
bast at peewit practically as secarate knowledp of the state
hi which the Old E..t Itdle Stock stood. We do Dot ktiow
rsowytt of it; we Lehr,. eel bees hoard, but we do
ant keno how It stoat; but will you, lir. Mayhew, lo,ik
the settee ham the loettsia-head.
Yr. Mayhew t ly
•

Tba Lod Cb.er-11•K—We shall be much obliged if you
nill do so, sad ankat ion Ile waiter again.

COURT OF QUEEN'S BENCH.
. _

Eitqw b tb7-LordChiefJus tier, Mr.
Justice Wiettelaus, Mr. Juvice and Mr. Justus
IMachbara.)

IX I' %NT!
_Loittl

Sir T. Ray, with bow Mr. Neffieh, orieel for • rule ow
kilobit of Lard Erwegbarn e.ilr. r u!oiti a gentlemen of the
tame of Allows t 'bow cameo wby • crioOnel
nt restate. ehOlida WI b. hied &truest him fm
a litter epprering to the If lifuttle, of which ba
et trotter sod puffin or, md-ciing wet injariouely upon
Loot Etiongba,u'a cooler?, and chattel, him with reekorg
to wrung • puidoc e twit], I. hie uwo privets raptors. To
make ibc abort. intePireible, It in nece«ery to atom diet in
the year 1684 the Coon.rie of Pembroke conveyed minim load,
• the rotary of Weettnoreland fur the chatit•lala• purpueee
et I•.,i.ereibi e, more riper iolly tot the 'erol of 11 po.ve
widow. tel moon to one Of sober. Since thinly sin the
'Mite dons, in the time e f Chalet 11., the menefrement ra
chtrity 0.., mice I exclaelvely ia the E irk of Thome, se
anire of Appleby Coed., &ad en the death of the Ws tool,
r nor litlo new t.. k, it wee tranmernid to tio.
Tnfwe, the reprrentetelme of the family. It w odd
'pp.., that Per. Al'illiate Bemethene, the beetlier
of tt. lordehto, i. to. owner of ousaidankbis property midi
ty and ts,retitz.l the c otrity Issas, ma fur tome
time la bee Lees sesame to effect m ezehaapo Mat the

manager of the charity so that he might become pro.
pricier of the charity lands, giving a full equivalent
for th•m. To that end he had been for a long thee
in correeponasece with Sir &chard Terme, end
' with the steward of Appleby Castle, Admiral Elliot—
so he believed. All parties were willing to effect the
exchange and, therefore, in the year 15.53, Admiral Elliot
wrote to Mr. Brougham telling him that then was an estate,
' called the Benby Castle Estate, for ale, which was situate
between three and four miles frum Appleby. and that sa it
we. of ample value, if Mr. Brougham became the purchaser,
he could exchange it for the charity land... Aixerdingly
Mr. Bmughem did become the purchaser of the
rotate, which contained 220 acne, while the rbarity lands
only censured 180 scree. Moreover the rental of the Benby
' estate was 2001 • year, while that of the charity lauds was
ode 1644 Under them circumstances application wee made
by Mr. W. Brougham to the Charity Commissionere, who,
■nder • repeat act of parliament, were empowcad to coo-
-1 elder the proposals of Mr. Brougham if they were domed es-
' pedient for the intecests of the charity. However, under
• still wore recent act, the Charity Commies:leane wee
allowed to refer all such applications to the enclosure Com-
! Widows, "who would investigate all question, of title al
to the lends before them.' Accordingly Mr. William Brous-
: ham, being informed of thie, all puttee went before
"the E•closnre Commiwirmers," and they expressed
their anxiety that the exchange abould be authorised ;
thereupon the coutteiseiocera seat down • Mr. Clarke
awl • Mr. Barker, an agent of Mr. H mud of Oreystock. to
examine the lands and report upon them; and this they did. '
However, it afterwards appeared that sores amideutal orris-
'ion took place in examining Into the title, and it therefore I
become necessary to reopen the whole matter. In the
meanwhile, however, Mr. Wm. Brougham went abroad,
and during his stones Lord Brougham was consulted by
the other pulite as to certain proceediop connected
with the exchange. The commisesonere being obliged
to advertise the matter all over again they were
memorleliard by certain gentlemen to be heard against the
exchange. Accordingly one of the c-outilisainners went down
to Westmoreland to take eiidenee and Investigate every-
thing reunited with the two properties. Under that cir-
eausetance, the letter which was the rubjeet of the present
motion appeared in the ditendaat'a paper under this bed—
" Proposed Hospital and Benby Exchatige," and the letter
was signed " Jim." The writer charged Lord Brougham '
for private purposes, not difficult to Bevies, In initiating the
proceedings for this exchange before the National
Commissioners, and altogether eschewing the Nei-Inoue,
Charity Commissioners, who were the only legal tribunal
competent to determine bow far such an exchange would be
far the Interest of the charity, and whose defies were of a
mac► higher nature than those of the Enclosers Commis-
eloper,. The writer then want on to describe this alleged
!Moo:Auer on the part of Pie lordship as "en inst-nee of
extraordinary boll:rem and dull neir. t sense."

Ths Lord Cnief Justice—Yon bare shows enough to en-
title you to a verdict.
Sir P. Kelly then said there was another Ilbel in the manse
paper in the shape of a leading article on a 1‘0912t speech of
hie lordship's, delivered before the Social Science pfaso-
ciatioss. •ith regard to this same transactioo, and chargiag
hip lordship with a breach of the Tenth Commandment.

Rul• accurdlegly.
THE 11l ESE V. ILIIIIIIIHALL, 110lTIXER, ♦YI) EICKE.

TKO &ALI OF AOXYOOMILLISIOFF.

Oa the madam of Mr. idwia James, th;11;;;e defendants
were called up for jedisesat. It may be returnabored that
they were itsbmci before She Lard Chief Indic-Ist the sit-
Unite efmr Mat t cal for the roles, or the premodti sale, of •
cnumiseion in the army to a yonan gentleumn named Con-
Linehan..

The defendants were separately indicted. but Mentbsll
bevies been found golly, the ether tee defendants phadod
sutry..
. . . .

Aft'Stavin iv mitigation of purishment having boa pst is
on behalf of the three &leaden's,
Mr. M. Chambers addre-wed the court on bawl, of tha
defendaut Mershall, sad Mr. Gonlo Allen CIS basil of sib,
tem defendants Mortimer and Ev.ke.

At dot tinas of going to pr.o judgmeat had not been
&hoer( I.

COURT OF COMMON PLEAS.

&Stags ie limoo.—(Before Lad hisfJlsstica Ede sad
Justices William, Crowd's, sad Bytes.)
- .

DUB DM OUTTIMIDOE ‘.lllWiSii,-L6O7HINID

LITIGATION.

The plaintiff I. this eer etogit to recover some copy-
bold property in Hertfordshire, claiming title aa hair
of hie grandfather who held It, whilst the defeadent
claimed under a card of conveyance by the plalatiffs
graodfatber to • Mr. Oakley, which deed was executed la
1820. The question therefore we., whether the deed of 1820
we. valid. The declaration in ejictment was meet iin 1845,
and the cats nuns on for trb I in 1848, before Lnrd Den-
man, when the verdict wee for the defendant, subject to
hove to moon. In the following term • tale nisi was ob-
tained lo eater a verdict for the plaintiff, which role
C4l■ll an for tegument In H;liary Term, 1849, when
the wart directed the fact* to be stated in • sr :dal
ere, ht November, 1849, the plaintiffs solicitors sent •
special eras to the defendant's solicitors who returned it is
July, 1861. Nothing further was beard of the matter for
seven yeses, ditto delay being cause' by the plalatirs
inability to proceed in coasequence of poverty. A fresh
=d case was prepared bat the parties could not epee
the facto., end • rule nisi for a new trial was obtained,
but in January loot this role war enlarged upon the
term, that mused should settle the ca.. if pateible,
and if not that • judge at chambers should decide. Comma
agreed upon ell the facts but one, namely, whether the
plain iff had ever applied to be admitted tenant of the land
and Mr. Judos Bytes decided that tbis fact should be stated
In the affirmative.

Mr. Raymond, however, for the defendant, now moved to
restore the spacial case to the state in which it was Wove
Mr. Justice Bytee ordered the insertion of this particular
fart, and weird that the only evidence for the affirmative
• was that Mr. Browns had stated that he had berm in-
structed that Mr. Loeb, the plaintiff'. comma, at the hid
had said that the affirmative was the truth, whilst on the
other band there we, an effluent that there had teen no
proof or adeniaeion if the fact at the trial.
Mr. Ji.stice Bylve said if he bail decided in favour of the
defendant it would have probably let is the 'tante of
limitations ea an answer, te the plaintiff, without alloCsig
him to met at the real qucition in the sauce.
Mr. Itiymond, on the other hand, mid that there we,
equ.l or gr: ter hardship bearing upon his client, who held
on., a purchase from the plaintiff'. grandfathers° long ago
is 1820, and the plaintiff hail in one way or another probably
detiv.-1 benefit (row that purthale Gamey. Under them cit.
tunietatu e., the defendant wee surely entitled to keep pour
SOMiOII • f the land An tett:mica or any Mbar legal ground.
The court granted a rule, but directed that the briefs of
the leading c. anal on both ride.' and any other dlcoinente
that could be obtained, should be laid before them, ao that
they might, if poseible, Inform therneaves of the truth as to
the foci in question.
Rule granted.

COURT OF BANKRUPTCY.
(Bann Mr. Com:Maim*? Broca )

it DI DAVIDSON AND St/INTIM:

—.--..
The bankrapta were deeeribed sa importers, of St. Neap
Li.. This Irma the sitting for the °home of sesiasees.
Their liabilities ere rated at about 1,8001.; wry, 2004 or
301/1. Kanter baa absooncled, taking with him the hooka,
sad, it to supposed, • porion of the stock. Mr. Carl POUF
SOO, leather merchant, of Lime-street, and Ms Monte Man-
del, commission *gent, et Biodeghall-street, were appointed
trade assigates. Mr. Johasea is the othoisl assignee.

THE POLICE COURTS.

(THIS DAT.)

MANSION-HOUSE.

The new Lord kayos took hie seat on the bench this
morally, and on &ins .o appealed to the desks and official
of the court far the seine kind as.lstence which they had
rendered to his prele-straors, an assistance which, he said, it
%could be his constant !Andy to deserve.

Hi, lordship's attention' • w.. cceupied for • ooteddersble
time in hearing eases of robbery and *meek in .noexion
with the civic procession of )esterdey, but the twee them-
selves pemeated no features of lowland. interest.

WBSTMINSTER.
ALT.UOIED 181111VoNOCCT OF Tug POLICa.
,jester 4 h.O win ettercee with befog druok and riottns
and incotaide of ta►feg core of his hone rod cob.
Henry Coerces, 40 11, said that at half-past 8 lost even-
int he wao on duty in Turk's-row, Choker, when he board
Cbr enr acing of s female, and on goieg t the spot with 262
B, he sow the defendant fighting wlib soother man. He
promo& 4 him to go awry sod ger on his cub, when be found
be Ir.s, ieetpeltio of tochic eV. of hio horse red rob, soil he
coneiled him to the motion.
John omitb, 262 B having c urnboratod this ',ideate,
The delendent denied 6rhting iw befog drunk, and mild
that he bed got a man to mied bia cob. it. paid bit. 2d. foe
doing whoa he demanded 61., sail on his rehwing to do
yr the mon erotic buns hard blue on td mouth, and ran
sw.y. Ile did mat otriko him, Let certainly would have
tine to, hod be caught him.

to reply to Mr. Arsolere inroity IS to whether he bed •
witnree, be we, ent.wr:ntd i• the hectolitre. but

.1 rely reaper/abbe looking senenr.rt stepped fawned, who
earl thst her 4.11110 Welt Lilt sbyth BrObitttl. end her husband
we, a ~..kpepar et La•ibrelt. Sur and her husband hid
engs3•l Ariruhust to drive to her nurlee is
• Wash they caw took so the crab some disputer
aro, sort • wen stets It the defeudsut and rem
esey, The &dew/brat gut nn his hoz, when they
drsirireet bins di end pidled both her end hoe truirtratel
out of th•aab. lii. ehattlder war hurt so mush that he was

now in bed, and would probably have to go Into the hos-
pital. The cabman got up again on hie box, when he WU
dragged down by another man. Witnass'a husband wee
lifted intotke cab, but she would not get In, sa the mob
bad stolen his coat, and she screamed out for the
w►en 262 came up.
The hoot constable admitted that the husband bad no mat
on, and that the cabman's mouth wea bleeding.
Mr. Arnold said this case in itself woe very trifling; bet
it had been rendered serious by a parrot' corning forward and
g,ving a totally different account (row that of the polio r. lle
should remand the cue, and if he found that the pike were
in the *tong, be enould certainly have thaw reported.
_.

Iv•

iKijail
4.aio
4.0*
14.‘410.; I
M..,
Mal

MARS L182.1-71ild .1441).

Two o'CLoos.

The railway share market remains extremely
quiet. In the absence of business, quotations are
nominally unaltered, with almost the only ex-
ception of Great Northern stock, which hes
lineal per oent., being quoted 102 to 103. London
and North Western stock is quoted 961 to 96;
Great Western, 66 to ih Midland, 108 to *; Lan-
cashire and Yorkshire, 981 to 973; South Eastern,
761 to 771, being rather dull; Caledonian, 911 to
921 ; London and South Western, 951 to 11 ; and
Eastern Counties, 661 to 66.
Lombardo-Venetian Railway, shares are quiet, at
1 13-18 to 1 16-18 prem. The Indian and Canadian
shares are steady, with only a moderate amount of
business.

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