The Express.
London, England, 1859-05-11 00:00:00

COURT OF COMMON PLEAS.

Sitelisp is Boace.—(Bevel Justices Wilke awl Ryles.)

81/I.47LST V. WARD.—TRIVILEC ED COMMVNICATIOX.
The parties to this silt had bad some dispute previous to
this 668011 and in the coarse of those disputes the plaintiff's
Wormy ',rot° to the defendant, de moulding • small debt. The
defendant in sumac to that application wrote en &Nudes
letter upon which the premed action was founded. The case
Wes tried before Mr. Justice Williams • day or two ago,when
the jury found a verdi t for the pleintiff—damazee one
fairthiner, and added that the defendant bad not been actuated
by malice when he wrote the letter. Mr. Justice William
certified for costs.
Mr. Cele, in comequence, now moved to enter a verdict for
the defendant, upon the ground that the letter was a priri-
lsged communication.
Mr. JusticiWilles said he war of opinion that there should
be as rule. Mr. Cole had not c unpleined of the mode in
whkrh the learned judge directed the jury on the question
whether this letter, token apart from the question ot Frei-
levd communication, was • libel. Although the question
whether a miles su • libel or Oa, in civil ea well as aim!-
sal mem, was a question for the jury, yet the judge coald not
properly withheld his opinion from the jury when the document
wee plaledy libellous. The jury, therefore, properly directed,
had towed that this latter was libellous in the reuse of im-
pede, matter to the plaintiff that would bring him into
disgrace with the t arson to whom ft was written. Generally
speaklag, • letter that bad that effect was • libel, but thin
was as exception whale a peers wrote in die•
charge of • legal or moral duty, er In the
safer term of a claim in • court of law or la Ms own defence
ageing • clam, and without say sinister motive, end be-
hoving it to be true. Under these circuenelanom, no matter
how hersh, hasty, or untrue the matter ass, it was not
libellous. The question was whether this case fell within
Last elms. It appeared to him this it did not. 1 here was
to le`.' or moral duty to be discherged by the defendant in
writing the letter to the plaintiff's att.-easy, and heaping
abuse on the plaintiff upon the ground of alleged imposition.
Role refused.

lIPAILTE IRAN. THY LATE FRAUD& DT ♦ ITOCI.
HILOYEA.-lIIPORTANT QUESTION OP LAW IX REPEL.
=CZ TO MAIM.

Mr. Nuristan moved for a rule mentos upon the North
British Autralasian Compaay to skew came why
they should not rectify their hat of shareholders
by insetting the name of Mr. Swan as the
holder of curtain shares. The application wee made
nudge the 9th section of the 20th and 21as Vic., cap. 14.
, 'nick said that the court aright decide on the question
I
• party had a right to have his Dame mune on or
armed front the register, sad the cirenenstaaces mud to the
awn were the following :—la the year 1867 Mr. Swan wee
the outer of 1,000 shun is the company, and be
hal for years employed Mr. Oliver, • stock-
broker, in whom he had si eat ontidence. Mr.
8 aim, -having oecu:on honestly to vi.it Parte, he wall per-
model (.y Oliver to pot all his ahem its a toe and deposit
that boa at the London sad Couuty B.nk. nil was 600 e,
l aged a 'ocelot we. given to Mr. Sean for the 'tares. 11l
October, 1868, Wear wen taken up on the (harp of
imbruing about 6,000 i. which • lady had depo-
sited with him for investment. Mr. Swan, Marks of
this, became amious about his share% and when Do opened
the her he tonal that the 1,000 shares had been stolen. It
subseqatnly appeared that they had been stolen by Oliver
on two ccoreions, 600 being tam each time. The shares
had been dammed at Mr. Oliver. banker'o, but the
receipt wet given, " Received for Mr. Swan." Oliver
having stolen tie sharer, it Itt:ents luminary that
he should have tome mesas of trust:erring them, and he
effected hit object in this way. By this rules of the company
shwa con only be numbered by deed. Mr. Swan was
shoat to transfer ems shares in VAN, other conyudies, and
Oliver represented to him din in alder to effect this trainigg
it was tecseisay that he should execute tight blank dude of
transfer, %hula fact only ate deeds wore necessary for the
purpose; and he filled up the other duds by itserieg the
transfer of two quantiCes of 600 shales each in this com-
pany. The truster deeds alto required aites'ation, and
Ohm forged the attestation, and nu effected the transfer.
The company thereupon erred from their register the same
of Mr. lieu, and put there dived the manes of the per
to whom Ohm het sold them.
Mr. Beeline Bytes—Thare wets no audernity whatever to
apply Mr. ftwea's "loans, to ttestraufee of the,. shares
and was it not numb:wain law a Entry of his name, nide.
peedendy of iha attestation.
Mr. Nuristan' thought that that wee so. Oliver woe
subsequently teed sad tosavicted of the (hilt end
forgery, sad wee now understate g • punishing.'
of twenty yeses' peaal eirvi.nde. This queeti,n, under these
eirogessialacs, was whether the pto.mty in these shams
was divaseed from Mr. lien, mid vested to its permits to
whom Oliver bad transferred theta, wile wen the Lusatia
and County Bask and Mr. Bury, He eat netted nee, not-
witheteadieg the attempted gale try Oliver, the property MR
remained is Mr. Beat.
Rule gran'td.

COURT OF RIECRIQUER.
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COURT OF BANKRUPTCY.
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