The Express.
London, England, 1860-12-24 00:00:00

tato IntlUttnut.

METROPOLITAN COUNTY OOURTII.
kitties ders_esselate4 to the peomeet week.
erserreseraa, Se leiells'elsh4.--Thweder. 27: Friday, II&
Row, Fairllald-reed.-156bardas. Dee 20.
TIIMAIII, Swan street, Trialty.square.—Moaday, Dee. 24 :
Tburstiey.
CsasbesereD New.reeo. —Thursday, Dee.
27: IM-
da/..x
GlUlVElll‘ll.—Moiplay. Dee, 34.
*s_eldWORTH, Beetheireet,—Tbeisiar, Dee. 27.
EQUITY COURTS.—Dze. 22.
(Ware the Lori Chaeoelior.)

His lordship Ist for • short time this morning, and de•
livered psilivriest is two ewes of no public importaoce.

(Befog* the Loris Justices of Appeal.)
IRIVALL V. LLLIOT.

Their lordships this morning delivered their opinions
vpn this appi4 which was before them on the 13th, 14th,
and 13th instant, upon motion to dissolve an injunction
granted by Vice.C4neellor Wood, restraining the defend-
ants from kitting Ni or coed:rooting upon three steamships,
called the Queen Victoria, the Rangoon, and the Malacca,
the plaintiff's patent machinery for improvements in the
apparatus for laying down submarine electric
wires, or any imitation thereof ; and also restrain=
fondants from ausinr or permitting the above-mined vein&
to Lam the United Kingdom with the paraWs now on
board, or any apparatus constructed amor to the plain.
tire patent.
The Lord Justin Knight Bruce said the proper order to
snake, under the circumstances proved in the -OWN was is
discharge the order of the Vice•Chancollor without, per
Judies to any question, and to direct the motion to steed
over till the bearing of the cause, with liberty to anv party
to apply ; the plaintiff to keep an account until the besting
of this awes, sad to be at liberty to bring sulk action as be
snisht be advised.
The Lord Justice Tamar concurred.
ltr. ltult, (A.C., Mr. G.l Russell, and Kr. Cleaaby (of
the COlOllllllO law bark fared for the appellants (the
defendant!) and Sir Gams, Q.C., Mr. Speed, and
Mr. Whitley blokes, for plaintiff.

■UNT V. 11.3113.

- - -
which from dec. the maw.. of
This appeal, was a MOO of
the Rolls, also stood is the paper for judgment.
The quostioo in the canoe arose out of a fraud committed
by Dared Hughes, a setioitor of the court, who had recently
been tried for bed emamitted in this aMothertimmetlems,
•ind had been eenviated and sentenced to panel seivitede.
It appeared that Hughes woe entitled to certain leombeld
=in Newmenalnet, Oxford-street, and to ethics at
thiadi Pain, &a, and befog so entitled
both estates te dim m*
(the plaintiff) to secure 170.11e:idd
interest, sad seat him a beadle, endorsed with a mamma-
dum that it amilithied the title deeds of both milk&
The plaintiff temeing to the representation eaoloilhod
in such eudeolowent, did not clamioe the osoisdits
of the pares!, which in fad contained the
title deeds of the premises is Ne the
term is which oas about to expire. Hughes afterwarde
sold the premises in Ewen, of which he hid berehelenfl,
retained the title=siy eadion, for 1.311101.,
to the definadaat, • the mortyp to the
and on the completion the sali ben&d our the
title-deeds of the premien so odd to the defendant, who
took possession. David Hughes afterward'
when the plaintiff for the first time
that the ddeadast wee in peasemion of the Emu
"liaise& and claimed to held the me a percbassr fee nine
Qrmksrpsd of the plaintiff's mortgege. The bill is this mit
was thereupon filed, praying decimation that the right
(if soy) of the &feudist to the Reim premier wee subject
to the claims of the plastid as mortgagee thereof from
Hughes, and that the defeedant might redeem or be fora
elated ; and that be might be ordered to deliver up to the
plaintiff the title diode of the Esser premien, which were
in his custody or
The Heater of Cal°e
Roils, by the decree appealed from,
held that, ea the *het& bad ant voluntarily and seined-
fiably permitted the title deed, of the Esser premix to
remain is the pommies of Hughes, be had not lost his
priority as mortgages over the defends:it's claim by pur-
chase, sad that be wee entitled to the relief he prayed.
At the hearing of appeal on the 12th inst., Hr. Follett,
Q.C.. and Mr. Eddie appeared for the defendant, the appel-
lant ; sad Kr. R. Palmer, Q.C., and Mr. Chemed Swanks
for the plaintiff, in support of the decree Mae Rena
Their Lordships were of °Pisan the the conildenee
which the plaintiff bed howdy, thenghwee 'sluff prudently,
reposed is his solicitor, liegbea, wee eel a seditieet reason
for imputing to him (the pilitiff) that gram sad wilful
neglect, which it wee seeessimy to show as s gamed for
Maitre; the relief salted by his WI. To de so weight be to
le beyond ail principle Ind entliality, sod mead minder it
toentabeet on the sheet, is "eery cam is white be took •
tpe from his walksr, to employ a sepeenhe edititor.
The risen. of the Mader of the Rolle woe then dewed,
subjert may to a slight veristion to the direetions ae lo the
delivery up of title dose of the purchased prelim

(Before Vies-Clmell
IN RE TIIZ WARWICK AND

air R. T. Lisialaby.)
SCENT ZS 41LWAT 00XPANT.

II PAINS 11011111180 N.

This was a ashes to chitin the naraeof Mr. Morrison from
the list of 0011111 se tie winding.up of this companz;
Mr. Morriss% it 1,111/1111014 Gee of the directors of
cocupsoy,_oad 6/Pod the died in respect of eighty therm,
but he did set pay thodepeolt although the deed declared
that those who signed lad paid it. As order was made for
the ',iodise.'" et the wintway, sad a call of If. per share
was rout., and of two guises, per share as regarded Mr.
htorri.on for the deposit sot poid by him. It was pow cos-
tended that hi More ought not to be on the list of contri-
butories ma the woad that although he signed the deed, it
was .oily for the warpow of making, up the number of shares
required by parliamentary steadies orders, and with a new
to an arnalgamatica with another company, and that no en-
peemee to which be was liable were incurred subsequent to
his signing the deed.
Ur. Body sad Mr. T. H. Terrell appeared in support of
the motion ; Mr. Glasse and Mr. Ruithiirgh, on behalf of the
official manager, against it.
The Vice. Chancellor, without hearing coniteel against the
notion, said Mr. Morrison was not only a shareholder but a
director, and that alone made biro liable. By the deed he
undertook to pay hie proportion of all eapeneeeentorquently
and antecedently incurred. As to the call, supt.se fifty
people took shares, they became liable after Mr. Morrisona
name appeared OA director, uon constat that his Dame with
others had not intlneaossi them in so taking shares. His
name !oust remain on the list of contributories, and the
motion must be refused with coatis.

(Before vice-Chancellor Sir J. Stuart.)
amaritr r. WM'S. —Tilt ftWIDIII7/OEGIA96.
This motion, which has occupied the court parts of
several days, was proceedesi with and mutinied to-slay.
It appeared that in the year 1810 the society was formed,
havinefor its object the printingend publishing the writings
of the Honourable Emmanuel Swedenbmg, subject to certain
rules and roc-Mathias. These regulations provided for the
appolutment of an agent or manager, • secretary, end a
tre,asurer, which appointments were vested in the committee
of the society, consisting of twelve =anthem of the society,
beanies this secretary and treasurer. The society in 1854
came to the determination to establish a library and read-
ing-nom, and to take premises for thist purpose and for a
shop in which the books published by the society might
be stored, published, earl mkt and they issued ad.
vertisementa for an agent and meager to the society,
who should live at the premises of the society,
reot and tax free, in a rod situatimi, and who should he
allowed a perorstege of 35 per cent. on all books sold by him
out of the stock of the society ; sod it was provided that
so, 't ageet robibt in addition to his duties to the society
carry a retail bueibees io other new church works, and
in works of general literature. Mr. White, in coasesineace
of this advertisement, applied for the office, and was ap.
pointod anent cal merger to the society, and he continued
is such office till 1860, having been re-appointed from year
to year ; and in 1660 be was again appointed by the com-
mittee at a salary of 75/. a year, and " six months notice
of separation iin either side," and at the Mose tune the se-
cretary, Mr. Wilkinson, who had acted as such secretary
for many yours, was re-appointed for the ensuing year. Mr.
V kite. during the whole period of his appointment, resided
at the house of the society, No. 36, Bloomeburyetreet,
Boilhinbsimare, residing in the upper part of the house, nod
using the shop partly for the sale of the books publishes! by
the society, and partly in carrying on his own retail trade.
Upon the purchase of the house by the society in the
legal rotate was vested in four trustees, who were some of
the present plaintiff& The committee of the society having
beard that Mr. White had been for some time in the habit
of sending out in the paresis et Swedenborg's work
circular, sir nolvertimmeets of spiritualistic works, iacluding •
the " Arranof Christiseity " and the "Song of Satan,"
and of selling the same at the society's shop, at a meeting
held iu duly, lek, famed a resolution to the effect that the
committee deemed it inexpedient that the writings of the
Rev. T. L. Harris. or any other works commonly called
spiritualistic, should be kept in stock ur expceed for sale in
tbe soriety's house,and that the manager shooldb4requeeted
not bi permit his name to appear as puldisher or agent upon
any such emits, ur to be advertised as the seller of them.
On the of August Mr. White replied that it had been
agreed when by was appointed he was to be allowed to carry
on bilious*. as an independent bookseller and pub-
lisher, that their revel-anion was au infraction of
that Were:met eml destroyed hls property, and
the' wrote that he not Yield to it. The
committee, therefore, iessed a re..lotion that a six
smooths' notice should lei elven to Mr. Wilde to determine
his eugagemeot. .tt u to,. sting iif the committee held on
the 4th of October, feat, Mr White attended, and stated
that he hail removed the I.ol.ll,etioriA utlvet,el to from the
«s•iety's shop, wed he unites t's.k not to increase his stock
of or publish any more spintidilisin works. and thereupon
the notice dismissing him was withdrawn. tin the 13th of
October a requisition treed by several of the member. of
tienne.taa,, including_ some of the defends** was
forwarded by Mr. Wilkiasest the secretary of the
society, to Mr. Sportle, Who was the eheartnau
of the committee, asking him to sumo., a spade]
general meeting of the melety as saw as emends.,
to consider the right of the society to interfere with Mr.
Oi bites indspoodeut barium, and the propriety of
adder: certain rules to the laws of the society. The corn-
mitts+ ileelieed to mosses me\ a niestivg, having du-
emered that a make additive of 163 new ineinhers had
bees node to the society, which wee Weir a$ resisted,

and which they enspeeted wee not honk Ede, and in coma
gnome. en UM IS* lir Nevem* IMO, • meeting. eon-
resod by the remd ;INerniehe, wasbut before thin took
plaos the oonmelttee wammarib dimeimed Mr. Wilkinson
from being wiereAsey end Mr. White from being agent of
the society. The sonorities pre seam to Mr. 'White to
deliver up to them poseemkin of the portion' of
the house in Bloorednerretreet cocupied by him, at the
same time expressing their readings, as far ea they could,
to consult his concealing* as to his removal, end shortly
afterwards they forcibly obtained_ patimssion el the premises
occupied by Mr. White, who, in his turn, foreibly recovered
possession of the home, and continued by force to retain
it, having obtained the 'advisers of one Jem Dillon, and
other persons of pugilistic notoriety, for that purpose. It
appeared that at the meeting held on the 12th of November,
resolutions wee* mimed, among other things purporting to
appoint Mr. White maiaser for seven years, sod re-appoint-
ing Mr. Wilkinson as sec:Mary of the society. This meet-
ing the plaintiffs alleged was illegal, not having been duly
convened by the committee. Matters being in this position,
and the plaintiffs (who are eleven out of the thirteen mem-
hers of the committee) being unable to obtain possession of
the house and shop of the society, in Bloomsbury-street,
which has some time past been shut up, filed
their bill praying that Mr. White might be restrained
from acting se such agent of the society, and from continuing '
is pommies of the home of the society in Biome:diary.
etre.; and inulorting the plaintiffs in the posameion and
enjoyment of the same, erin the 'wionn of the stock-
in-trade of the society. The MB sicprayed that the defen-
dant, Mr. Wilkinson, might be netnissel from mintieuing
to act as secretary, and the defendant, William Fryer, from
acting as treasurer of the society, bet this part of the mo-
tion it was agreed should be reserved till the bearing of the
came.

Yr yains, Q. 0., and Yr. Henry Stems appeared for
the plaintiffs • and Yr &con, Q. 0., Yr. Bobbins*, and
Yr. Marna fee the different defendants.
The Tient:bassinet said in this ease the plaintiffs, who
are the trustees and pverning body of a voluntary anocia-
Yon, ask the mkt ease cif the court to restrain the defendant,
White, hen *Min Is a mom they allege to be incon-
sistent Wl* their rights et reperter, and with what has
Wen dime *them in the exercise of theirdutv. The plain-
tiffs allege that Mr. White was engaged by them as their
maw eta sittais 'stipend with certain duties to dis-
aerie, and that k edam% to the stipend he was to have a
right to
v=sitati=of the home (the legal estate of
Is whisk , sad to use a part of the shop for
Of untying en his bagasses as • bookseller. Mr.
ergs the importance to himself of this right, whisk
lie stipulated for,
_and the enormous loss and injury that
Eacenie to him if ail is dose against him which the
tiffs seek. In a case of this kind the court has only to
at the rights of the parties, which though net strictly
legal, are within the jurisdiction and protection of this
awe/. If the defendant White lies by contend a right to
the occupation of this house, or • part of it, in which he
curries on his business, and has been Improperly, and is
*Mies of hi rights, ejected, he hat • right to the
=ion of this court. The present position of White,
is very peculiar. The plaintiffs, in what they
resider to be the exercise of their duty, and in exercise of
tAs ree they allege to be vested in them, have dismissed
1 Witmer sad bore ibehiditee Idle to emery ea his trade in the
wq he bee area, sad they say they have done so because
Is their jodgmsst, be being the earresese of the affairs of
their 'amity, hi so sing hie right el enspatioa at the
house, and his rightite carry on his kudkeinsld is taintless
to the interests of the society of whids are the
lag body. It is necessary,. therefore, le
consider the rights and of Mr. White. The
In 1854 engaged Mr. White as their agent and
at • certain stipend, and it was
be should have the fight to carre IS WitilL 1111 •
retail bookseller, and that there 'Load be a sig mestiel
notice of separation on either side. Leming out et view
for a moment the important wombs as is the dleMZutt.
White to easy on • retail beelems, the sissellett le
upon the eagagement on QUID bow, Wit, White eaqsdred
anything which can be combheed awes theft es a tasency
at will, such as boa bes reperairity dealt with in eon* of
kw with refereeing to mlissimeekelamildlmenling oldsters,
74 ;ort
er, in other words, the governing borly, who have
the legal estate In the y, have the power of diercies-
fog the person who puch a position without nation
le the present case it an important cosindsentien that
by the terms of the there was to be obi mentbe
Wks is either Oda TkoChencellor here read the
terms of the apprielaset of Mr. White.! It rem to
Mist the true view of Mr. White's right of o em
sod see for the s= id bade is the min
right which drat with in mew ram,=onkel by Tentsiden lis the two mess et
" &see v. Janes" and "Doe v. MlLieg* (reported kW
Harwell end Oissmielli. In the Mt of those mess the
oodles our wand,* the askristes, who had heat Ailed
by a eaggraptits aodamirriie
woes of the hew gad
chapel ender the et tnebees, wm matitiod
to notice, or was boned give up poisessien of the
wemises on deirmed, the question being as to the use of
the point, and Dares Parke said that lin occupation wee
like an eassment, that it was iseident to his dies se
miaister. sad lint leis right to it was lost at the seam time
as his oaks. The ether owe was en ejectment I. recover
from the diode* whe wee the minister of a aerating
eongreptiem, the drapid sod dweiling house which be had
bees pink premetion °thy trustees„ in whom the legal estate
wee rested, and the defendant wee held to be tarot at
will. The iidendent to dm* ems had contended that • de-
mised efleanneelen se the put of the trustees was neon
eny to determine the homey, but Lard Tasked.* kid it
dews se • general role that Maws an estate wee held at the
will of another a demi/ wee ad Inuldred to deleredoe the
Wean* at will. Is Use preen. ease, brawaw, there was a
right Ito six months' notice, bat if the me and @coups-
tion which was given him by the rearing body, with a
view to the tomtit of the society, ia in the optima of that
governing body turned to a purpose which is againdtbe in-
teremeof the society. I apprehend that, whatever may be the
consequences in dimages with regard to the ejectment and
turning out of easensioe, it is their duty to see that
the trust property is not, by a person acting under their
authority, used for a purpose hostile to the interests of the
society. In the cam of "Yerry v. Shlperay " (1 Giffard), which
warns moo( a chapel. hut still sweetie:see in which the court had
to consider the question, where a poem in the employment
of the governing body of a society, and who was bound to
execute certain duties, had traosgreesed the duties,
whether it was not essential that the majority
of the governing body should have a right in • ases
where the interests of the society were concerned to prevent
the use( the trait property from being abased. In this case
it is only necessary to look at the resolution of the meeting
at the ilth of November, to see that the plaintiff', for rea-
, sass that they thought sufficient, thought it their duty at
mice to dismiss Yr. White and to put an erd to the occu-
pation of the house by him for the purpoes of residence or
trio* and the court must now deal with the ease not upon
the merits as at the final hearing of the ewe. If the court
nee so roman for doubting that in the honest exercise of
their duty, the committee came to this conclusion, the
monition Wag eel, one of interim poseeeine, it would
I be a very strove thing for the court to consider that in
I passing that resolution the governing body of the society,
1 who have the legal right, have transgressed their duty. It
is • most important consideration in the cam that, in defiance
1 of this resolution, Yr. White violently got into possession
of the plaintiffs property. Even if the ultimate decision
of the court should he that the conduct of White wet,
right, he (the Vice-Cbanoellor) could at present only loo'l
at the priest facie rights of the parties. The court was
' asked by White to prevent his possession of the property of
other persons of which he hes violeotly oh-
, tained possession from being interfered with. There
lis no view of the one which could justify the
court in considering that the possession so obtained,
and uuder circumstances which rendered it impossible for
him to carry on his trade, could be protected. It has been
contended that the possession of White is fortified by a
resolution passed at a meeting held on the 12th November,
1860. That meeting purported in defiance of the will of
the committee to put White in possessiou under an engage-
ment for seven years to mime. If that meeting had been
duly convened it presented the strange circumatanee of a
complete rebellion of a lame body of the society against the
governing body, who it is not contended have been dis-
placed from being such governing body by
that meeting. It would be mast unseemly
said improper for the court to refuse in assistance
to protect the legal right of the trustees to the peanable
enjoyment of their property. With regard to the meeting
of the 12th of November, it was not necessary at present
tided
any opinion, sthat would he a question to beck-
at the hawing. In the meantime, looking at the pus.
ermines of Mr. White, which has bees obtained violently
and unjustifiably, and reserving the sights of all other
parties, an order must be made in the following/items :
" That the defendant White be restrained till further order
from acting as the agent or manager of the society in the
pleadings mentioned, or selling any of the books of the
society, or receiving any monies due to the society, and
from selling, publishing, or advertising at or from the house
of the society, say books or other works except
under the order and with the permission of
the plaintiffs, and from disturbing, hindering, or
molesting the plaintiffs or any of their agents in the
pion•
use, sod enjoyment of the said Louse, end the
books, Mi.oh-is-trade, furniture and effects therein, or in
tarrying on the Liminess and objects of the society at the
said house. The order to be without prejudice to any
question or lose, if any, for which the defendant White
may have • right to recover damages from the plaintiffs or
any of them in respect of any of the matters mentionedio the
bill in this cause, or by reason of the order for the input-
tine, and the plaintiffs by their counsel at the bar under-
taking to abide by such order as the court may crake as to
any each The plaintiffs must undertake to allow
the defendant White to use for two months the premises
hitherto mewled by him in the house in Bloomsbury-street,
and allow him access to the other part of the premises for the
purpose of removing his own stock-in•trade and property.
Liberty to apply. The rest of the motion to be reserved till
the hearing of the cause.

(Won Vice•Chaacellor Pir W. P. Wood.)
no THE MATTCR OF THE LANCARTZI CHARITILF.

This was a petition for the appointment of new trustees
of certain charities at Lancaster, and for a scheme for their
future management. The petition proposed to sppniiit
29 trustees nominated in it. There wu some oppoeition
to this step he parties who contended that the most fit
persona were nut nminated.
Mr. Holt, Par H. Lair's, Kr. Pearson, Mr. H. R. Young,
and Mr. Humphreya, represented the parties.
The VscmChancelkee mid that the question was whether