The Express.
London, England, 1859-01-24 00:00:00

EQUITY COURTS.-4AL 22.

(Before the Lord Chancellor and the Lords Joglces.)
LZ.I2 111 ROYAL BRITISH LANZ, IX PARTS NICoLL.

J V DO !dirt.

This wee an appeal from aa arise by Via-Chancellor
llidereley. The case was argasslat great Mak in Doreen.
ha frt, sad lodgment enemy giro. The qua involved
me whether • Mr. Nicoll, who bed bees a eh inholder is
the British Beak, ought to be made a coatribatory under the
Wham- up Act. The farts were sr follows .—la
Fe-
Maery 1866, the British Beak, =lra at
desk emmay, obtained a moot okimbh theca to
2.thir capital by the lame of am limo the ohm
emeh. On the of March, 1866, Mr. Niosil embed
he toothy sham, which wore AMA to kin ea the aim
asy. Oa the 9th of Mara he paid .ass t, sad
in dm lard of August a tattbar Ns el 0606., sol the re-
-1 001. due am the limes ea the 7th d dortsaber,
119/6. Oa the 21st the sem ,the
be oommesd
the sabeeribere deed. La its *NM Mom, the beak Meths
Med, the maw wee grand lo be womd wp mite the
hied theek Ocathmaise Whales-op AM sad the thief dirk
pied the wee of Mr. Mood ea the Bet d maidliathise.
Aar sipped was brought before the Viee•Ciamesilm he the
:111rd havtag Mr. Nic.)ll's aloe ream km ed the Ist,
greaad that he had bees biased es Me sham by
mess ofthe fries and ;fraud ash reproshathes elite stab el
the beak rands by the directors to a swat published la the
vam5=2,..1866, and acted apes by the employ. The
ordered Mr. Thorn arm le be Omsk eat
el the
ead QM authority of Ithoolkweas theidoll by
limest4 esported in 4Nowt& The pew& cm
whisk Mr. Nisell relied toll
bee mask eat of the Ist at os-
tribatedue me, Ant, false repeseshaime made kis him by
Atimema Immedy, one of the dheatharilarteraesane of
chtemilles Mk ; secondly the mm of
the arsll Jalraid6.s ; thirdly, the tasty of the letter
the comy, sad
whisk them ware applied for pan ; and fourthly, that
he had tremthered kla sham before the failure of the beak.
The mart la question was, as is well knows, homed et a
doe 11.111111 the ompany was In a hopelsesly Mama Mlle,
mil is M the coaditton of the company was Ms-hated, by
peaks deers a. meta a number of dishascased bilis at ex-
ofeage; emd by rehemaftg the beak Its be la the pammiem
loge sr smith, la fact the whole of the opitel had
Mem absorbed. The result appeal wee bremist m behalf
of the Width resasger. way be shied that the
paragraph la theetrader whkh soompoiel the l ter of
allotrash, sad which was rolled ea es being lblise std
fraud um se follows " The rails gemeatel by the
Mock tanks shed abeatheat proof argil is
=4, .mete for the protitable emairphat of capital I.
balms ; the reports of the Mit stock banks show
ea mop dividend for the last yeer et meow& of la pre
emL pa noun, altar the payment Miasma la, sad an is-
mom, lake of their paid•up capital d.ywmede d 100 per
; sod it will be foostd that the Boyar Bella Beak has
sat boa Ire sacomfal than the other mithilsimeM, if
the osperhea be made at cormotholim ;Moth of thelr
exisems."

TM Lard Chancellor, cher debit the his al the cees,
add be we of opinion tbst Mr. Nee lel sestet to to •
almsthitlire at the WOO est the bask owed be eel
os tee peed sloe be ves of tee Mr. Nicora
ales wee to be Wm & out as let of
sad tber es appeal west be elbelesed with essitZirt!. 21142
Is low Ids ewe oat et gel Nest&

Fllll.lOlllll J;treice;,- without Mein their derided opinion
ow the poker le tie Wow= ows, cethe last point en-
tirely orawined with the Lard or in thinking that
Mr. Nielre woe ought tabs removed ban the list of con-
tributories.

(Won lbo Matter of Ms Rolls.)

This wee ma appUseition for the production of documents,
resided by dam dmilesdaatm on the ground that they were
pdeYegd esernaniamboas. The on.. alleged by the bill,
ad la peed of which ft was desired to obtain the doer-nests
Is icammilles. was of a remarbable;ktml.
Ile per 1839 a Mr. Vernon Dolphin entered Into
a kola, aningement whereby • large advance wan made to
hid by Ills wife'. aunt, in return for which he engaged
miens essweities sad indentaree, the result of which was
OW debit smsi property and Kew policies of immense
vase ei6i nabjsel in the maim to the aunt, on the wile
khas seipseses us far ilia, and hi OM ahs should die Brit,
thin as she shisell appoint by will, and in default of appoint-
ment, fir the Irainsti. The plaintiff in this suit claimed
mkt lies husband; the defendants claimed under on
by the wife, who wee now dead, and
rerliset of the emit woe to set aside this appointment. For
this paopar it was alleged that in the year 18.53 Mr. and
Mem. Yeeasa Dolphin, who bad been married In England,
shalom& by oellusion • divorce from a Scotch court, which
wield billsoperative under the English law ; that ma pad
of the sereasiement It was bargained that the wife abonld
swells bar power of appointment ro as to give the husband
8001. ayes', and that she accordingly made an appointment
by will peril in favour of her husband and partly in favour
of the deStwat, General Lie Pouter, with whom she went
through the wordage ceremony immediately after the
divorce. The plaintiff now applied for the production of
a variety/I documents connected with the proceedings for
divorce and the appointment. and smong others letters which
bad prowl between Mrs. Dolphin and her solkitors and
spate in the badness.
Sles /bow of the Rolls held that the divorce proceedings
babe by arrangement, and not the subject of any dispute
between the husband and wife, the eorrespondence relating
to or which woe connected with that was not privileged, but
that with that exception, the defendant. were entitled to with-
hold all the letters which pared between Mrs. Dolphin and
her solisitor aa to the appoaatment.
Mr. Selwyn and Mr. Southgate, sad Mr. Palmer and Mr.
T. Stevens, appeared in the canoe.

COURT OF EXCHRQURR.--JAN. 22.
Bitting. at Niid Prias.—(Balare Mr. DIMS Martin
sad Common Imam)
GODWIN V. COLLY.—ZDWAILDS V. TIM 8A O.

Thai were &dime to recover 11161. 19e. sad 83!. 3e. 4d.
for work and labour and roam lent. The defendant Ordeal
not indebted, and the Statute of Limiter/ma.

Collier and iii.lanfake were cont7ael for the plain-
tiffs; sad Mr. Blade appeared for the defendant.
The plaintiff., who are attorney. carrying on business in
Parliament-street, Weetminetcr, bad, in 1847 and 1849,
been employed profeesicaally by the defendant, and had seat
in their bill is 1888. The defendant had written a letter
before the commencement of the action, which it WA now
contended took the cam out of the estate. la the Wee was
the following passage "Mr. B—, vim have on Sstur-
day, stated that the amount of year aceeeint .galust me wet
2801. Of course this includes the 1001. you advanced me
mune years shies, and the 401. due on the promissory note."
The question was whether this amounted to a promise
to Pty.
A verdict was taken for the plaintiffs In both CUM!, with
leave to the defendant to move the fall court for a nonsult.
COURT FOR CROWN CASES RESERVED.

JAN. 22.

(Habra Lard Campbell, Mr. Jaatle• Cromiar, Mr. Jut Ms
WWI% Mr. Bans Martin, and Mr. Batas We

711 QUEEN r. BIRKT.-PERJURY.

In this ore the prisoner was indicted for perjury committal
before a meanie in an affiliation mu. The mother of the
infant had laid en information, not in writing or upon oath,
upon which a summons was issued against the prisoner.
When the cue wu heard the prisoner and his attorney at-
tended before the stipendiary magistrate, when the mother
swore that the prisiner had visited ber several timer,
and wee the tether of the child, and she further
deposed that he bad paid her money for the
maintenance within twelve months after the birth. Thee
prisoner swore he had neither visited her at the house in
question nor had paid her money, and for this he was In-
doted for perjury. It was contended that the magistratehad
DO jurisdiction, se the hiforeastioak of the mother should have
been in writing, and upon oath, and that the payment of the
money wee not material so as to justify proceedings for
perjury.
Mr. Berjeaat Atkinson and Dr. Wheeler appeared for the
prisoner, and Mr. Cease in *import of the conviction.
The court reserved judgment.
7/11 UVEZD C. ROBINSON.

The prisoner wee convicted before the Reoorder of Lbw-
pool of obtaining two dogs by files protmose, and was sea.
wooed to saves years' penal servim& The sole quoting is
served we., whether s dog is s chattel, so as to come within
the statute.

argued the awoke the primmer ; and Mr. Brett
in armor, of the eosviceion.
Lord Campbell, in delivering jadgraest, said Ibatstealinga
dog was sot • larceny, sad there w • igen& punishment
for We Olsson It would not, therefore, be rigbt that the
milder °fiasco of obtaining a dog by false pretences should
be visited with a punishment of seven years' panel serwl-
Side. The conviction should be quailed.
Judgmest scoordingly.
Fumes= of the judges, lit. Justine Rile Wag ebesmt,
Nestled le boar the following cam.

T. CUMIN f. SIMMS AND sualitax.--raera.
The letiotsernt charged the_ primate with freadaleatly
rof bill of Wait Waisted to thin.
e aeration came beton the mart os the
kb mad Bth Vic. c. 39, Irbil* woad= a=
An that war.rent should he eaavictod If MM.

1 he woe indicted he should have disolcsid the fact before any
Cceamirioner of Bankzurcy. The primmer piesded not
guilty !ekes the Lord Chief Baron, but on the dose of the
evidence his conned tendered a die:Maur* be had made before
the Commissioner in Bankruptcy. The counsel for the pro-
secution contended that under the plea of not guilty the dis-
closure was not adinimible, bat his lordship admitted it, and
the question lot the court wee, did the written examinedon
of the bankrupt amount to • disclosure within the statute.
Mr. &tame liallantine appeared for likoene, end Mr.
diffard for Freeman.
The court reserved judgment.

COURT OF PROBATE AND DIVORCE.
JAN. 22.
(Bin, Or Jade Ordhst24