The Express.
London, England, 1858-02-02 00:00:00

THE EXPRESS. TUESDAY EVENING, FEBRUARY 2, 1858.

lab) butilignct.

=MITT 001:1113S.—Fn. 1.
(Betas Viee-Clancellor Kinder*ler)
KS Tan Nomura's:imam •xp DIMIAX BAXIDIO 0011..
TANT.--OONSTIMCTION OF /111 SMILING ACT OF 1367
WINOTWO-OF OUIF.

Tbia WM_ a motion, on behalf a a creditor of the ohm,'
fat
urther J. -11:..ifgb-..1.12'1.11,:tba 7-.
reariary et 2001. and interest do. an aelB flak 'Atka
hatl bees Waited by them spinal the dim ad tea
shove eoupsay, sal au aso=l. *A tate
Vialet Poirbleas of
Ittri IV:e= that towards the Warr aid a lad
year it sempesdod psywat. On the 30th Daemaint 1187,
after ftzpage, ft wss registered undo, the
bur IV-
C hot of 1857 (20 sad
C. 49. Two petitions are wow puttee taixe thit
court, each praying that the cosipany may he
wound up seder the provialona of the Jetat-stook Ma-
puto der, 135 d, which, by ration 2 of the aot d 1&.57,
ta Incorporated with that act. Under these ciroolaetaacot the
above moths au made.

Mr.. friar Thring enpported the sollon,
Hallett was on the other aids.

The Sine-Chancellor said that the winding-up act. were
untbrthaatidy so notuerone and so framed, that it required
considerable eve to arise at the meaning of the legislature.
Under the old Winding-up Act of 1848 the policy of the
legislature woe obvious. Without those acts, prior to their
paestni, there could be so winding-ep of a joint-Mock com-
mrpt by a Plat in equity, to which all the sham-
mot be parties. The number of thareholders ren-
dered in many cum sueh • snit imprezticable, and hence there
was • failure of jostle* in administering the rights of the
shareholder, inter se. The object of the old Winding-up
Act wee to peeving that failure of justice, and to give •
aimplee end, ra it was believed, alma axpeereive mode of
winding up the conoern. The policy, therefore, of the old
Winding-up Act was not to interfere with the rights of the
eredilor to say greets, degree than they would be interfered
with by • suit ; and, therefore, the act of 1848 interfered with
the creditor in oat case only, and even there but temporarily.
ft did this—lt forbade the creditor to commence, or to pro-
ceed with, an action until he had that breadth Into the
master's dace a claim. and laid before the mai= each evi-
dence ae he wee able to advance in aware elk Baying
done this, whether the neuter Arad lds ors ere sot, the
creditor aught proceed with hie di& Will lake Wind-
ing-up Aces • new policy wan baseitiord. Ilbed bra brad
fit of
that it woul
wind be extremely driable =lb maw ihebene-
the ding up to the esmormire 1111 des
of the shareholders inter se
_• lid ass ft we
oleo
&spading to 'Wroclaw somardig arlaglal a en
administration suit or • beta:thee% b 7 d
which the rights of the creditors nag be premed
Aoterdlesty whilst under the old sets se one could psor* a
petition bat • shareholder, order the new acts • ethillter
might *ply as wall es • shareholder, or, se in this rthe tire join in one application. Another pair
else wt by the new eta. It you hand Mild tin
Kee el 114$ and 1849 that groat Arida sal tong is-
stoa.. Mose upon many winding-1p ewe; wee
ibmire, that to gold these • Yokota, rem of
It% trader the direstlen of the cool, dell be
giro medlar, averins laving that object is AM wee le
be hurl In the nor air New in the cos of lie=l
under ragilendlos time lot bra two pathless
the one by a shareholder and • tredlier jointly,
the allanative, either a cemigniesey sr • voluntary tang{
up • and the other by • en /1W only, and ocerirbg
dear payer. tlgna these pietism ens or other et
remits rust arise. nobs • caradtmt order would le
er or no order aq
be awill.alleigaleagellidiX"ht mind, and moo
WS Os polio of take acts, the next thing tett
vaned to was the object of the present motion. He gib*
cos 10 prevent • creditor who had commenced es eel*
ben prooeding with that action. Hi. Honour gathered,
bra what had bees stated in argument, that that wee no
reesesehie question, bat that the plaintiff in the action wee'
• eerliter, sad even the amount of his debt was not •
matter of controrsrey. The rule which the court should
lay down is dealing with the motion appeared to bo this :
that It ought not to interfere with the isdividual creditor
sees than was necessary for the general boar of the whole
bed, of erelitore, and to prevent the rennin of nsals
nr• while, on the other band, the creditor engirt sr
melle to lose. =re than was n , the benefit of
each priority as his diligence might give . But, bare
that principle could be applied, there arose the prior quern
tic . had the court jurialictiftn to interfere? Now del
Banking Composing Act of • 1857 incorporated the
Joist Stock Companies Act of 1858 (19 and 20 214
cap. 47); ender the 84th section of which this solisa llne
macts. The eran the case of a company width, lath
it imapinded its payments, and in that sense esimed is arty
on Inteinees, haunted registered under the act of 1837. It
had been attended that the registration under the act of
1157 ought to be considered invalid, inasmuch as it did not
take place until after the company susp.,ndd Weiner. But
that was • question not within the jurisdiction of the court,
the terms of the act eaedering the cetliflt.e. et .egiabstion
conehmith. Hi. Honor d not mesa to gay that where
such • certificate had bra obtained by fraud the court would
sot Marlon ; be resin ,coned I. go this tar, and thy that in
use Aecengstances of the present thee he thought he
-w..

bound by the certilkate of Agistradm. The 84th we. of the
act of 18.56,towhiel referencehad shady been mede,ran thus
"The Dead may, at say time after the presentation of a
tides for winding up a company, sad either before or after
making ea order for winding op the same, upon the applica-
tion by motion of any creditor or contributory of math com-
pany, iustrain further proceedings fa soy action or suit
against the company, or appoint • receiver of the estate and
esteem of the company ; It may also, by notice of advertise-
ment, require all ereditces to present end prove their claims
within a certain time, or be precluded from the benefit of any
distribution which may be made before such claim isprovad."
It was deer by these terms of the net that the 11101111181
had in its contemplation precisely ouch a case as ale pace
but while it gave the court power to restrain the peoendling
with an action it left the exercise of that power to the
discretion of the court. It became, therefore, in
determine what were the circumstances which the
inteuded that the judge should beer in mind in
that discretios. His Honour thought that he was
tear `aid Sal the **lt of the acts was en admidelen•
Lion or Mum es isailhstra and the ompam wwi so •
sachem* of the agonies of the abszsholes beer
sal dismillsee that the discretion ought to las onendeidsp.
eider kr endues to that equality amongst the mill= sow
cam the moult of en admialstraiion of meets In dud cwt. II
W beta ol*wted that although the act of 1834 wag
aid with that of 1847, yet one of the creation of Ike
aultaimal that registration should not interfere with my
WM that inleht be pending, and therefore that the clams
of the set of 1868 already quoted could not apply to this cue,
But the true construction of that section appeared to limit its
operation to saving the effect which registration might ohm
wise have had, and whilst it prevented simple
from staying an action it did not prevent the court frees
teetering, if it saw fit, under the 84th section. His
Honour, therefore, had no doubt as to the jurisdiction ; the ,
question, therefore, which alone remained, was, bow it
was to be exercised in the present case. Isom&
se the petitions pending might result in no order what.,.,
t
ia which case the plaintiff at law ought not to be ingsrlind
with— rim] facie the covet ought not to o beyond a stay of
execution. Bat, on the other hand, 11 the court limited
itself to that, the useless expense of a trial might be in-
curred. Considering, however, that the petitions would be
diepeeed of on Friday week (the first petition day), and that
is the meanwhile no other creditor could obtain judgment
bef re the plaintiff in the action, his Honour thought that
the beet course which he could take would be to stay pro-
ceedings in the action, with liberty to the plaintiff, upon the
ant petition day, to apply. The order to be upon the under-
taking of the company and the public officer to
as give.juo%
ment at such time and in such manner the court h
direct

Toiler, for the company, gave the required under-
taking.

(Wore VioirChancellor Sir John Stuart.)
AL ATM O. TEE TEATET OP THE PARISH OP ST, MAZY'S,
LAW BETH.

This wee a motion for an injunction seeking to restrain the
defendants and thole agents from entering on °arta* me-
nages at Spring-grove, in the pariah of Lambeth, and from
taking up certain drainage work, executed by the plaintiff in
the above promisee. It appeared that the plaintiff haring
erected four messuages at f ;prier grove, was desirous of
making proper drains thereto, and h.e called on Mr. Mackin-
tosh, the surveyor of the pride and submitted the plan of
the proposed &wimp to lim. The plaintiff informed the
rarrevcr that he should ire the Aylesford pipes for the
drainage; and thereupon the surveyor refesed to open the
main sewer by putting n " eye," em it is satied, therein for
the purpose. The plaintiff made enberqsent applicatiose to
the vestry, end at length he obtained • letter from Mr. Roffey,
the vestry clerk, informing him that the vestry had resolved
to permit him to make the drains, "to be constructed is
accordance with the directions and order of the vestry."
These directions were as follow —" That the materials used
are in all mar to be of the beet quality of their several Made,
and approved by the Aker of the vestry; the bricks to be
so sod, hail, and well burnt Macke ; the pipes to be
tarts ware of the best (malty, and the bends
and jvactiose to be of the most appeo ed form and
shape, sod that the surveyor be empowered to carry out these
tadreatione" The plaintiff throughout had understood that
the vestry required highly email pipes, such ail the Lambeth
pipes am, sod that they objected to the use of the Aylesford
pipe., which their surveyor considered to be more porous ;
be, however, constructed the work with the Aeleeford pipes.
On the 24th of December last the surveyor pre the plaintiff
notice, rev:Li:Hag him to substitute proper atarrauara pips
for those be bed seed, and that In default of his doing so for
fourteen days, the vestry would mum the work to be done,
and recover the rapines from the plaintiff, under the pre•
to. na of the IS and 19 Vic , cap. 120.
Mr. Bacon and Mr. Schoenberg append for the plaintiff;
Mr. Males end Mr. Speed Mee ire the dearilaate.
dpollomo of the pipes el sash moolooloro owe preload
In *out, end it woe eadeadad sa the pot of Ilia
dr *SU
that Ayisolbod plpoo _,end lofts ftgodgdon dorm-
ware pipe., owl Got Is bid dry IMO Denim, the parpors,
lomat& as dem set se Male to bo blokes.
For the dideete, beweeer,lt was deposed that the AO.-
fordSpos mob sore room an more likely te be silted
by the drays Op» of the Leashed' sarodestspe,
end that whether that were se sr sot, 'bestiary, to whom by
act of pirliamest the poldis llookb wee is this perilosir