The Express.
London, England, 1867-03-18 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

EQUITY COURT.
(Before Vice-Chancellor Sir W. Page Wood.)
LIVEZPOOL MARINI CUDIT COMPANY V. 11131761 AND

The defendants in this suit were eight persons, of whom
three, Denied ForMe, were in business at Liverpool under
the firm of Ferule Brothers and Co., and four others,
Boult, English, Brandon, and Hunter, were also in busi-
ness in the ante place under the style of Boult, English
and Brandon. All seven, with the eighth defendant
Askew, were also members of • firm at New Orleans
of Hunter, Askew, and Co., and the two Liverpool
firms and the New Orleans firm acted as mutual
agents. All eight defendants were British subject.,
and all except Askew within the jurisdiction.
The plaintiffs were the mortgagees of a ship mine.' the
Pacific, of which Henry Lafone, of Liverpool, was the
owner. In October, 1866, this ship was consigned by
Boult, English, and Brandon, as Lafone 's brokers, to
Hunter, Askew, and Co., upon the undertaking of the
consignors and the personal assurance of Hunter that the
consignees would not take any proceedings spied
the ship abroad. Hunter accordingly wrote to
the consignee-4, and told them to have the
balance of the Pacific's accounts to its own merite,
and to account for the freight independently of all other
transactions. Boult and Co. soon after became in diffi-
culties, and in consequenoe some of the parties interested
in the plaintiffs' mortgage did not approve of
their acting any longer as brokers, and changed
the consignment. Upon this the seven defendants
in England cancelled their instructions to Hunter,
Askew, and Co., and advised them, if possible,
to arrest the ship for all moneys due to them from Talon.
Hunter, Askew, and Co. accordingly, having got possession
of the goods, commenced actions against Lafone for debt'
due to them upon other accounts, and obtained from the
court at New Orleans writs of attachment, under winch
the Pacific was seized. By the law of Louisiana,
transfers of chattel property without delivery of
possession are not recognised, and as the title of the plain.
tiffs, as mortgagees, would have been disregarded in those
courts, the plaintiffs, in order to prevent the ship being
sold, were compelled to enter into bonds with the defend:
ants as security for the amounts that might be recovered
in the actions. This bill was filed to tannin the defend.
ants from enforcing the bonds at New Orleans or else-
where, and praying that the bonds might be cancelled.
To this the defendants, Boult, English, and Brandon, de.
murred.

Mr. G. M. Giffard, Q.C., and Mr. W. F. Robinson sup.
ported the demurrer.
Mr. Kay, Q.C., and Mr. Fischer, for the bill, argued that
by force of the mortgage the ship was taken out of lefone's
hands and placed in those of the mortgagees, and that
Hunter, Askew, and Co. were in fact their consignees and
not Lafone's. Consequently Eton bad not been made
a party. But Hunter, Askew, and Co. nevertheless
having the ship in their power, availed themselves of the
peculiar law of Louisiana, which recognised the law of no
other nation, and by means of a trick obtained these
bonds. They submitted that the court would not permit
so inequitable a proceeding to be carried out.
Mr. W. M. James, Q.C., and Mr. ltowcliffe appeared
for Fernie Brothers and Co.

The Vice Chancellor (without hearing a reply) said that
undoubtedly it was pert of the law of nations to recognise
, the decisions of foreign tribunals administering law be.'
tween their own subjects' according to principles of natural
right and justice. But there were exceptions to this rule
when proceedings were founded upon principles not 00111 Iii.
tent with natural justice ; as, for example, when proceed.
ings had been carried on in the absence of parties who
in the opinion of this court, ought to have been present,
or, after notice given in such an obscure way, that the
partied to be bound by it could not be expected to have re.
calved it. Accordingly, where judgment was given in a
court of Louisiana, dealing with a ship as the absolute
property of the owner, utterly disregarding the rights of •
mortgage when the mortgage was perfectly good and valid,
though not perfected according to the particular regale.
tions of the state, his honour on a former occasion had
thought it right to interfere with the action. But it was
quite another thing to say that if a British merchant took
his ship to New Orleans it was inequitable to see
him at all, or to attach his ship because the
right of a mortgagee of a chattel were not recognised is
Louisiana. But this case was lower than that of an
attempt to restrain an action, because the plaintiffs
had actually given a bond ; and if the court were to
grant this injunction, the courts of Louisiana
would take care that no future ship should ever be
released upon the bond ; for they would say " The Co' art
of Chancery holds the bond to be worth nothing." The
plaintiffs were in this dilemma—Either the court could
have restrained the action against Lafone (which his honour
thought did not think it could have done, but if it
could, why did the plaintiffs put themselves in a worse
position by giving the bond ?)—or, if the court could not
have restrained the action at New Orleans, i fortiori it
could not restrain proceedings on those bonds. The de•
murrer must be allowed, with costa.

COURT OF BANKRUPTCY.
(Before Mr. Comminsioner Guulburn.)
Pit DANILL MACKENZIT.

The bankrupt was • shipbroker, of Leadenliall-strest.
The debts are 4,9921., of which 2,490/. are due to Linea
cured creditors, and 2,052/. are liabilities ou aocommode.
Lion bills ; assets of trifling amount. It was stated that
though the liabilities were so large only one creditor (foe
121.) had proved against the estate, and had chosen himself
assignee. He did not oppose, and no other creditor ap.
peered.
His Honour said that such a case was calculated to
bring the administration of the law into contempt. The
assignee, a creditor for 121. had obtained adjudicatioe
against the bankrupt, and of course did not oppose. The
court would adjourn the asap for further inquiry by the
official assignee, there being in effect no trade assignee.
Mr. Doria and Mr. Billings appeared in the case.
IN RE HARVEY PHILPOT.

The bankrupt, a oomnussion agent, of Fnday.street, sp.
plied for his order of discharge. The unsecured debts
amount to $,800(., ; assets, realised, about 7601.
Mr. E. Reed said that one of the assignees took a favour
able view of the case, the bankrupt having been a long
tune before the court, and having given up considerable
assets. The other assignee thought it his duty to oppose,
on behalf of the creditors generally, who alleged that he
had not made faithful returns of his odes to his country
correspondents. He had since done all in his power to
make atonement to those whom he had injured.
Mr. Bagley, on behalf of the bankrupt, urged that he
had been 17 years in business without failure.
His Honour said that that of itself was a good character,
be had pleasure in granting the order of ilt.eharge. The
bankrupt's honesty was proved by the large amount of
assets he had given up.

MIDDLESEX SESSIONS.
(THIS DAY.)

The March adjourned general sessions of the peace tat
the county of Middlesex commenced this morning at the
Sessions-house, Clerkenwell-green. before Mr.
Assistant-Judge, Mr. Joseph Payne, Deputy-Assistant
Judge, and the following magistrates:—Mr. ?arbor',
Mr. T. E. Raker, Mr. J. Ashley Dodd, Mr. Figgins,
Mr. Stutfield, Mr. Gould, Dr. Jervis, Admiral Bosanquet,
Mr. Sugden, Mr. Charles White, &c.
The calendar is unusually light for this period of the
year, there being only 63 primmer* committed for trial, M.
eluding live whose cases were postponed from last session&
There were r 4 indicted for felony, and seven for misdis•
meanour. The offences with which the prisoners stand
charged include obtaining goods by false pretences, horse
stealing, larcencies from the person, coal stealing, rob.
beries from the Great Northern and Great Eastern Rail.
ways, embezzlement by servants, and a very cruel assault
by -burning by a father on the persona his own SOIL
The grand jury having been sworn by Mr. Rumbelow,
the officer of the court, the judge briefly adolrested them
on the nature of their duties, and they then retired to
their room.
The state of education of the prisoners committed foe
trial at these sessions presents a very lamentable instance of
the want of education, inasmuch as it will be seen nearly
one-third of this small number can neither read nor write,
more than half the number can only read and write imper-
fectly, and one.seventh can only read, and one prisoner
only can read and write well The numbers returned were
as follows:—Can read and write imperfectly, ; can nei-
ther read nor write, l 9 ; can read only, 'J ; and only one
can read and write well.

SECOND COURT.
(Before Kr. Payne.)
canTlnw TO PEN/4020S LIABLE. TO SERVE ON .MBllg.

Plan the name of Patrick Haley. of SG, Cable.streek,
being called by Mr. George Smith, the crier, to serve on
the traverse jury, thatperson said he waited to be excused.
Mr. Payne—What is your reason for wishing to be
excused .

Applicant—l am only a lodger in the house. and Gaup/
but one room. I am a shoemaker, and when lam away
from my work shall lose my pay and have no food for the
following day.
Mr. Payne—lf everybody was like you, and failed toget
his name taken off the list, we should never get enough
to go on with the business. The jury hots are posted
regularly upon the church doors, and you ought to have
'teen that your name was on the list. I can't help you—
you must serve.
The applicant looked very chapfallen and disconsolate as
he took his seat in the boa.
Out of 71 persons summoned to serve, only 40 were able
to do the duty.

---- • -
ALLEGED ROBBERY AND MORDEII.--On Saturday
Mr. W. J. Payne resumed and concluded an inquiry at
Guy's Hospital respecting the death from violence of
Michael A ilton, aged 53, a leather hawker, who it will be
recollected was found on the morning of TueimLiy, the2lith
ult., lying insensible in -walk, Bermondsey. The
jury returned a verdict of manslaughter against some
person or persons unknown." The coroner said that the
police could follow up the case before the magistrates if
they could get additional evidence.