The Express.
London, England, 1859-07-21 00:00:00

Lab; 'nutltignict.

HOUSE OF LORDS.-JULT 20.
APPILALS.

SKI ZDOIDURON IND OLASOOW. RAILWAY CO XXXXX
APPRLL•NTIL W. SKI KAOISTILLSIII LID TOWN COUNCIL
OF SKS BORON OF Lnimmoow. _ .

•••• ••• ••••••••••
Thia was an appeal from the Conti cof limelon in Scotland,
and the question involved is the right of the municipality of
Linlithgow to certain dues payable en goods, cornea by
the railway through the town. The appeal was argued in
1848 before their lordships' house, gad was remitted without
any judgment having bees delimnd to the Court of ession
to be reheard Won the first division of that court. That
wss aotordlagly dose, and the cam came bait to their lord-
ships sosomparded by the opinions of the judges of the Court
of Samies. It now cameos for reboring. As the ern-
mete hen sot advanced it when the hors roue, we post-
pone our report.

EQUITY COURTS,ITILT 20.
(Bdar• t 5. Mentor of Ur Rona.)

ceeprezin e. sonexit.i.
This cam was only remarkable for the carious ingenuity of
the argument. An illiterate old lady had made by her wall
divers gifm to a natural
aforesaid
bur and her children, and an
ultimate gift to her " nephews and Moors." There
were a preat many nephews and nieces of the testatrix, but
they had not been mentioned in any previous clause of the
will, and the word aforesaid was, therefore, not
tiorreat. Upon this tbe followng argument was
founded. "Johnson's Dictionary" was turned over,
and it was found that in certain quoted
from Hooker and tim neer, the wards nephews and nieces
were applied to relations generally. " Aforesaid nephews
and nieces" must therefore, it wee said, mean the children of
the natural daughter who had been proviso/1y noosed in
the will. His Hosea AM sot mask to this view, but held
that aforesaid syphon and Ono meat simply nephews
sad Moose
Mr. Folmar. Mr. Pesos, Mr. C. Hall, Mr. Dammep,
end Mr. Fitzhugh, snared in the ass.

INSOLVENT DEBTORS COURT.—JuLT 20.
(Before Mr. Coorminkorr Murphy.)
IN RI ZAKU ZDWAID NIKON.

This Ineolvent, i;ei attorney , who applied under the Pro-
tection Act, waa oppomd by Mr. Bicker Caarien on the part
of Mr. J. R. L. Welmialey, another attorney. Mr. Dowse
supports!.
In 1858 a railway wee proposed, called " The Pimlico,
Hammersmith, and Kew Junction," and Mr. Jacob Monte-
Sore, now residing at Brighton, was the secretary, and the
Insolvent and the opposing creditor were the joint solicitors.
A prospectus was printed, and Mr. Montefiore paid 3001.
into the Union Bank for the preliminary expenesa. The
company was never registered, and the scheme failed.
The two solicitors received 801. each for the reference work,
and the present complaint wee that the insolvent pee Mr.
Walmlaley two I 0 U's for 151. each fee work he had dorm
farther it was complained that the ineolveit was not justified
in applying the money except on work of the line. In addi-
tion to the debt there were some law expellees.
Mr. Montetiore now attended and acid he was to have ad-
vanced 5001., but only advanced 8001., as the sebum WM
altered. He had paid Mr. Walmisley • further sum, and had
a release.
A question wee raised whether them had been a partner-
ship In the railway sgalr. It appeared that the 3001. wu
paid into the bank, and Mr. MOlltalefil and the insolvent
could draw cheques. Mr. Meatelore denied, as also did Mr.
Walmialey, that there was any partnership, and the latter
gentleman said he had taken the opinion of two barristers
that there was no partnership.
The Insolvent said he had an °plan that there was a
partnership.
Mr. Commiesioner Murphy cared nothing for the opinion
of counsel, as all depended on the ease stated. His impres-
aion was, that there was • partnership, and If that was the
cum there could be no opposition. Before he decided the
cam he would taka an opinion of a qualified person to settle

the point.
Tim prospectus and deed were handed up, and in the latter
th, parties were described as " promoters.'
Mr. Commissioner Murphy thought the word " promoters"
settled the cam. He had bad some experience in railway
oases, and considered that an aesociation of promoters wed.
a partnership in law. The case would stand over to take
the opinion to which be had alluded.
It appeared that the insolvent bed given a bill of wale to a
Mr. Holliogeworth en his furniture at Brighton, which bad
been add, and the money paid. The debts in the case were
about 2621., and the debts to the insolvent were 2,3991. On
the application of Mr. Nichols, • creditor was appointed
oarills
Toe case was adjourned till Tuesday.