The Express.
London, England, 1867-01-23 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JANUARY 23, 1867.

cent. According to Mr. Birkhesit's own evidence, though
a lark: bUm was divided in ISSO the losses in that year
nod tti all subsequent years exceeded the profits, and upon
the authority of this same gentleman it appeared that the
first id of forming the limited company came Gout Mr.
Rennie. who wee a partner in the firm of Cavan, Lib.
bock, and Co., for whom Messrs. Overend, Gurney, and
Co. largely discounted ; the amount of bills current on the
:sldt of July, 1841, being 0.91,574/. Mr. Rennie was not
tf ercrure an impartial person, nor could Ur. Barclay,
who was a connection of the Gurney family, and within
.o\ this of these transactions became one of the par-
chit., .1.. of the Norwich tank, which was a large creditor
of Overecil, Gurney, and Co. With respect to the two
deeds, the effect of his observations appeared to have been
r..itunderttood, and to have had too much importance
attached to it. He only referred to the facts
th t ti.- two deeds were not mentioned in the prospectus,
td.a there was no mention of the second deed in the
first. as evidence of the consciousness of deception.
Th. X ice-Chancellor understood the learned counsel's
argot ::d to be that if it hail been intended to state
ci -arly ;11^t the 4.200,0001. would only produce 1,1:W2,000f.,
there w 0.11,1 have been no need for a second deed.

rm. Attorney•Ceneral said that was his argument, but
!te d: not attach much importance to the point. He
th.,ugi:t he had made out that by concealment, by acting
on the facts assumed to be true, by not disclosing false-
hood. 4. his client had been induced to take shares in this
compa:,y. tutu the question was, what were the consequences
~c this state of things. The argument of Mr. Mellish,
t!...t. tha rot tract was not cold, hut voidable, and that
at r :.lief so which a partner might be entitled on the
aunt of fraud could not have effect as against the cre-
ditor, did not apply in the case of a corporation. A
cr..dt. is right was only against the assets of a corpora-
tMn. :.ml what was due from in•lividual members must
be determined in order to ascertain out of what funds the
reditoi was to I.e paid. He contended that in this caw
t. eor•,•ration had no right to recover the calls against
his cli. and that therefore the creditor had no right
•• : , them. The Act of 1874, which gave to part-
t.c:sidps of a laige number of persons the position of cor-
pir,tions was something more than a " mere piece of
inac...intry," or as Mr. Mellish had described it, it was
an important change of the law, and the essential
difference between this and the Royal British
Bank caeca was that, those proceedings were taken under
the act of I i I, whereas, in this case, the proceedings were
utaler the Limited Liability Acts of lt.'s; and l•
The Vit.-Chancellor observed that the principle of
limite•'• liability had never really been tried. What the
legiAlatine intended was that companies should be formed
in which all the capital should he pail at once, and it was
a nacre delusion to speak of these companies in which 111.
was paid upon shares of .101. as limited companies.
The Attoraey-General proceeded to contend that accord-
ing to the limited liability acts creditors had nothing
whatoer to do with the liability of individual share.
:udder,.

Tae Vice.rhancellor—Why is it provided, then, that
c..':tors shall have access to the register?
The Attorney-General said the law assumed that the
informathat might be valuable, hut it wao quite clear that
shareholders whose names appeared on the register might
hove the right for certain reasons to be removed from the
hat. With regard to the alleged distinction between this case
aml ',hip's case, and the I:ussian Iron \Works cases be sub-
mitt, d that there was nothing hut the name, which consti-
tuted the identity of a ourporation, and tint there was not
Cie slightest confusion in these cases any more than in this,
• s to the company of which the partiescontractedtobecome
shareholders. The circumstances. th. reform, were identi-
cal, and the court was bound to act upon the decisions in
those cases. If a shareholder was entitled to have his
mans t .kett off the list upon the ground that there was no
contract, he was surely equally entitled to he freed front
liability if the contract was fraudulent. He submitted
that having regard to the recent formation of the company
Mr. Pmoss stood upon the same footing as Mr. Oakea, and
that the names of both these gentlemen must be removed
from the list of contributonsm

The :'ice•Cbancellor said the case had been most ably
and elaborately arsned. and it would of course be his duty
to consider very closely all the evidence and arguments
adduced. lie hoped to give his decision before the end of
the term. but could not undertake to do so. He bad
as from the chief clerk that there was nothing
Fein; on in the winding up at present which would make
is very important whether he gave his decision on the last
day of term or on the brat day of the sittings after term.

that eonsequettly the con,promise had no effect, and the'
plaintiff's judgibent for the 3001. should still be enforced
against Rough.
The Lod Baron said it could not be doubted that
the defendant believed that in compromising the action in
the way he had done he wet faithfully performing his duty
and doing the best he could for his client's interest,
whether be was right or not in the estimate he formed
of Rough's solvency or responsibility. The court thought
that the relation of attorney and client subsisted between
the plaintiff and Knight after the judgment in "Butler v.
Bough," and that tf the plaintiff had sought to enforce
that judgment Rough might have successfully set up the
compromise. They also thought that Knight had exceeded
his authority, but leaking at the position and circum-
stances of Lough, they considered that the damages were
eat:valve, and Chey would discharge the rule if the plaintiff
consented to their being reduced to 1501., otherwise there
would be a rule absolute for a new trial.
Mr. Powell said ho would consult his client on the
question of damag

back to his shop in the brougham, and them they could I
come to an arrangement, and Mr. Cave consented to do so.
On pas • Hancock's shop in Bond-street, Mr. Cave no-
ti that the prisoner hid his face, which increasol his
suspicions. On
_getting back to Mr. Call is shop he sent
his assistant to Hancock's, whom he had beard had been
cheated out of some of their property : and Mr. Meek,
one of their assistants, came back and identified the psi-
' softer Si the person who had defrauded them. Pohoe-
constable John Cook, his C, was sent for, and took him
into custody. On searching the prisoner at the station-
house there was found on him a brass chain, threepence
in coppers, two duplicates, sod a postage stamp. The
prisoner refused to give any account of himself or his
tissue, saying that he would not expose his friends. The
matter was then put into the hands of Henry Dawson,
police-constable 301 A, who succeeded in tracing the
whole of the property the prisoner had obtained, and
ascertained that his name eat Jesse Faulkner, and
that he was connected with a respectable family ; but
this officer also ascertained that he had been a pawn-
broker's assistant, from which he was discharged. After
that be got a situation at Harden's. the brushmakers, in
Piccadilly • and doubtless here he got tic knowledge of
these West-end tradesmen. He had also been, migagedin
' many other fraudulent transactions in conue:::ou a ith a
relative.

The Assistant-Judge sentenced him to be imprisoned
and kept to hard labour for 14 months.
(Before Mr. Payne.)
_

_ •
Pierre Era, • dirty•looking fellow, a Frenchman. de-
scribed u • sculptor, was placed at the bar, indicted for
stealing a vest amount of property front furnished lodg-
ings. The articles mentioned in the indictment were •
gold watch, value rd., the property of Elizabeth Stroud ;
two coats, three blankets, two sheets, and other articles,
value 101., the property of James Davies.
M. Albert, the court interpreter, interpreted the
evidence.

In the first cue the prosecutrix hired at 13, Ernest-
street, Marylebone, and on the tith of December the pri-
soner engaged lodgings and took the opportunity of being
in the house to strip the place of everything valuable, with
which he decamped. This system of robbery he had
carried on at several places.
The jury found the prisoner Guilty.
George Hanger, 199 G. *aid the prisoner was a clever
old thief. He had been looking for him for along time, to
answer several other charges. At the police court there
were forty people ready to prefer charges against him.
Waldo' that, he had victimised about fifty other people is
the neighbourhood in exactly tho same manner. Ho wail"
very clever thief, and had eluded the vigilance of the po-
lice hitherto.

A Mrs. Susan Lilley, a lady, who happened to he in
court, said he came to her place and stole a lot of wearing
al 1.
Mr. Payne said the prisoner was a dangerous person,
and sentenced him to five years' penal servitude.

PROM LAST NIGHT'S GAZETTE.
___—.._
[MAXIS OT SOLICITORS no nimin nnictrun TO n
OBTAINED AT THE OFFICE 01 THZ CHIEF REGISTRAR.
coon or ZLEZZIIPTCT. anwoßALLeennr.l

BANKRUPTS.

—.---
JANIS ALLIS, Canterbury, tailor, to surrender Feb. C at 12
ROIZRY EntLirs F42Anzetis CRAUFVI4I., thildepsquare,
Brampton, major in the Wu al Artillery, Fob. 4, at 1.
IHOUSS DLENT Coraptoostreet, Clerkenwell, jobbing carpenter,

Yeti. 4, at 1. • -
AIRAHAX EVAIII,I. Great College-street, Camden-town,
. .

tractor, Feb. 4. at 1.
Jong Ju4llll HEART CH M, Oaklepoquare, Hampsteatl.road,
late publican, Feb 4, at 2.
RODOLPH Rt DorsKY, 21:Oaten-lane, Camden-town, and Covent-
garden, lithographer. Feb. 4, at F.
Prrga WlollTua,Urcat Windmiltetreet, Haymarket, baker,
Fib. 4, at
JOHN IJOGOLTS, gtratford, late publican, Feb. 6, at 11.
THoNds ccoucii, St. tleorge's-yani, Caledonian-road, cab pro-
prietor, Feb. 4, at 1!.
JAMES ORAIIAM. Beaulieu, Hampshire. land agent. Feb 4, at
WILLIAM Nevc.,on, Jubilecatreet, Stepney, coachman to a fu-
neral carrita,-e proprietor. Feb. 4. at lt.
W!1.1,1f14 W•LLACNIIIA3III.VE, HrOve•oltreet, South Hackney,

bulkier. Feb. G. at It
JAXES MAIMIGAN, New Kent-road. egg salesman. Feb. G. at 11.
SAMCFL 311:NNINGS. Lowest..ft, ma,b.r mariner. re', C. at 11.
litny BAYLISS, Pahnirn-Strert. Ludgate-hill, shirt niakur, nod

Market terrace, Battemea• duper,Feb 7, at It
/JENNY Davisua, John's-terrace, Hammersmith. ;poker, Feb.

7, at 12.
AI!KAHANE JOHN cArr, vernotrstreet, Kingercrosa.road, sign
'writer, Feb. . at I.
FIENR7 WlLZ....Senthampton, furniture dealer, Feb.:, aril.
WILLIAX NEWTON WATTS, Ilarehte-place, Putney, late corn
Merchant, Feb. 7, at It.
WILLIAM BVTORD, Comphm-street End, Brunineickequare, and
Holly Branch yard, bra)4.inueead, late cab driver, Feb.
7, at 12.

swum-moue, Aldengate•atreet, eugraver,
Feb. 7, at 11.
Moms laaAn, Larnh.,a , sattalaehls,fralterer,Ffb. 7.2 t 17.

ARTFIra itoMEß7leMAinti. bow, draper, Feb. 7, at 1.
HENRY MAT.leageatatlon, Faiblintiton. and Cobden-terrace.
Notting.hill, coal merchant, Feb. 7, at 1.
WILLIAM MILL, St. Ilamaxe, and Couthardal.place, Roth:lr.
lathe, shlpoirner. Feb. d, at t
GYoßfla PATiProlllll7cnr.on, PorUdowu.gardens, Paddington,

-•
late wine merchant. Feb. 4. at 1. ~. _., ... .
W/1.1.1.4x Cs twarowx Dar, Union-road and Paradbe-ron, Em
therhithe, plumber, Feb. 4, at I-
Gwent JIMA Fuosr. l'Acheater, mercer, Feb. 6, at 14.
IIuGH EnWaun BLAU:Mei ALLEN, Brent-court, euuthwark,

at,rcli merchant, Feb. a, at 1.
PHILPOTT, PIM, and ROBERT ALEXASTTR IIOPCI7S,

Altlermanhary, Import...Ts of tt.rnign 6006.. Y6b. 6. at 2.
HEYRY WALKIM, Robert atreet, Horton. and New Mckolatreet.
Bethnal green. aire-worker. Frt.. 6. at 2.
WILLIAM 164; 11AINAIID, ltrandyatroct, Poplar, house deco-

rotor. Fel.. 6, at 2.
Jam REvitta,tlaadmatreet. Walworth, baker, Feb. 13, at 11.
EDWARD aitaltwoottKeusal green, clothier. Fah. 13, at 11.

s..sitii7HEAP. East Grinstead, butcher, Eel.. IS, at It.
THOILUI SLITOM :SAYLER WedDeibUlT, Staffordshire, coal mer

chant, Yob. 18, at 12.
lonartilian Kl3ll, Stgord, joiner, reh 4. at 12.

:Tai i4inOraaiisiCjaillder,l.'eb. I, at 11.
WILLIAM WALL►ca Frra, Donhester, printer, Fen. 4, at It
Jamas Tnouraoa, Halifax. wooletapler, Feb. ♦. at 11.
A rrtsrox STEPIIV.NSit:c, Whitby, solicitor, Feb 7, at 11.

JONATHAN ClAusanir and MAW,* er.init,os; jun., Piracy,
Yorkshire, dnth manufacturers, Feb. 4, at 11.

40-11:1 TEIC!;1111 W. Sheffield, Joiner. Feb. 13, at Y_

:TOO EPTI st at and Ciimu.isti WORIMAII, Liverpool, ship
chandlers, st 11. - .

WILLIAM LAX Lauwx, Livermol, merchant, Feb. 1, at 1!.
REURIN ROBKRT STOREY, AMAWCIL dnalesea, banker's 'clerk
Feb. 4, at 12.
Roarer en tat= CLIITON, Manchester, mining share broker,
Feb. IL at 11.

R.,;;EHTliifialnlrtlLD, Huhn% Lancashire, brewer. Feb 6.at 12.
RICHARD CoLLINGWOOL,RoUth wick, Durham, sptioer.Feb. A, at. 12.
Tinimas Brmits, Reading, timekeeper, Jau. 20, at 11.
.101101 PICKEIUNO, Wakefielii..Miner. Feb. 2, at 11.
RICRARD VALLANCE and WILLUX BRADLEY VAILLNCE, Sheffield,
engineer's tool makers. Feb. r. at 1.

Nottinglassa.journeyman felhoonfrer.Fcb.a.at 11.
CHARLES TOMKLIISON, Nantolcb, Cheshire, coal rctaller, Feb.
11. sit 10

Itiudr3, Luton, Bedfordshire. farmer, Feb. 2, at 10.
cluaLrx LOllO, Bochda,e. Feb 5, at 11.
SANCTI, Tunna, liothetitold, SaaaCl. meter, Feb 1. at 3.
Menotti) entrantartne, ("ewer. Berkshire, late oat, proprietor,
_ Feb 2, at al._ _ . . . _ .

Josarti II ILL, Belton, Leieestersh.,beerhouse keeper, Yeb.s, atlO.
JACOB SABVILL, Liverpool and Glasgow, outAtter. Feb. 4, at 3.
Sauna. DEARDEN. Oldham, cotton mill overlooker. Feb. 0, at IR
WILLIAM OREVIIIALL Wattsirs, Ilerefoed. baker, Feb. 11, at 10.
I wner. Dream, Leeds. istotmaker, Feb.!, at 11.
WILLIAM Breetr. Ripon, late butter factor, Feb. 2, at 11.
JOSEPH MIT(11BLI.. Newcastle-OpoO.Tyne. butcher, Pak 7, at 10.
Dlxott,West Torrington,Lints.thtsh.,labourer. Feb GALL
THOMAS Tt nx131:14., Zhu linstton,Din hem, hairdreatur. leb.4,at 11.
WILLIAM CIIITTEM, Jun., Coventry, w ataltmaker, Feb.!, at 3.
rHAMES 11RoirN. Coventry, baker. Feb. 5, at E.
KIXABoIt ()PEGG. Sunderland, beerhonae keeper, Feb. 8, at It
AINOLIMON, East Knoyle, Wilts. tailor, 14. h. S. at 11.
THOUS KITE l'AßAilt, 340figthaM, Kent. wryer, Feb. t at 12k.
JOHN FiolVals Taint Nast Derebaai, Norfolk, beer retailer,
Feb. 5, at 11.
Wittimt Ilrsnrll, Newport, Dermas, accountant, Feb. 4, at It
rummies C‘,01,101 Monett, Harwich. hotelier. Jan. 31, at 11.
13101101 manna, Caine, Wiltahlre, baker, Feb. 7, at 3.