The Express.
London, England, 1858-06-10 00:00:00

NEWTON NAME

Jo* Spring
Moons at Omega
Lord Jeri

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ROYAL GEOGRATIMAL Bocrirry.—At the mett-
les ea Nasky sea, the het wan of the ~Moat Sir
Redeefek I. Marehbos Is the char, mese the mem to be
reed ere--L Amami of ea Ispedltles from Deems Lend
Ibe Nuevo hr Sara of the Myer Cunene by Mears.
Ha sad Rah. 2. Atom of the Rinr Lim
Dom" by Usta. C. A. C. De Creepigny, H. N., F.H1.7.1.
1.0
the ha Reduce of the Trade Wind', by Thomas
ErrOdiera Ree. Surrey at the Southern astriote of
MNeer Zedend, by J. Turnbull Tho2ll/011, Hag.,
.11,11 x.

tabu intelligtnct.

EQUrrY COURTS.—Jerre 9.
(Before the Lords ]untie, of Appeal.)
EX PANTE NANNY, IN NE NANNY—A BANXIVET.
This wee an appeal from the total refuel, by Mr.
Connolorkser Balguy, of both certificate and mead= to
the bankrupt.
It appeared that the bankrupt, a malt/ter, of Wesley,
near Wolverhampton, bad, on several orcesions prior to the
Imokruptcy, drawn bills in blank, which, after promising
them to be accepted by small tradesmen, he had got
discounted by the Wolverhampton Banking Comenamj.
The Commissioner's decision had been pronounced •
pally on the ground of the unjustifiable character o these
trsamotions, at the instance of the Banking Company. as
=creditor, from kiwi' arising upon three of the
honed Ws.
111 - &c.a. Q.C., sad Mr. De Gee were heard in
of the appeal ; Selwyn, Q C., and lir Clemen7er,
for the ertgaer sad the baking Company, were sot ogled
we to wither the court.
Their Lordship, were of opinion that the tremeetions
complained of could not be tolerated coopiatently with • doe
tor the interests of society, and they oosammently
reilswd to interims with what had ben dose by the Cow-
ralasither.

The deposit upon the appeal w caddied to be paid oat to
the walgases.

COURT OF COMMON PLEAS.—Tows 9.

(Biturp in Baisco.—Belor• Lord Chief Judas Cockburn,
sad Judas William" Willis, sad 8y1..)

MONT AND 1161A2LAN1 AND OTNINS.-THI

LIVIMPOOL FATAL OAK FILTIXDLY SOCIITT:

Tlis dispute in this ease referred to the affairs of the Royal
Oak Friendly Society, mid the matter came before this court
spas application for • prohibition to be directed to the county
cart of Liverpool forbidding any further proceedings, upon
the Fogad that tbecounty court had no jurisdiction in the

Mr. Brett, in support of the application, said that some
time ago this court ordered • prohibition is the OW of Hull
and others v. M'Farlams and others," up
the
ground that the plaint had bees issued in the name
of the trustees, who ware not interested fa the
funds of the society ; and thersopon the pram= I
suit was commenced In the name of two members of the
society. The plaint alleged that the =lee of the society I
could not be altered except at a special meeting called for
that purpse, and that the de/andante, who were the com-
mittee of management, had issued • nodes for • special meet-
ing for that pupas% but that that notice was not sufficient,
as it did not show with sufficient dietiaotnees the impend
alteration* ; that the meeting had bent earned at the Claren-
don-rooms which would hold only about 300 people, the
number of members being 46,000, of whom 10,000 were
adults ; that the meeting had not, according to the rules,
bees bald at a convenient place or at • convenient time. The
plaint then asked that the meetings, and the alterations in the
ru should be declared void, and that the defendants
should be directed to pay certain moneys, which they had ex-
pended, to the trustees. When the case came beta., the
county court, it was objected that the court had nojuriadictka
to oomph with the prayer of the plaiat and a barrister who
was sitting as deputy for the late Mr. Pollock, took time to
oxisider the question of jurisdiction, but heard the case is
the mmatims. Benin he gam his judgment, Mr. Pollock
had resigned his office of judge of the county court, and his
soixessor had been appointed. After that event the deputy
sent down his judgment, in which be stated that the proposed
alterations had sot been duly and regularly made, and were
therefore null end void, and he ordered an account to be sent
ia of moneys expeaded by the committee. The first objection
submitted to peal
rd was, that the deputy of Mr.
Pollock should have given his judgment whilst he was such
deputy, and that he had no jurisdiction after the reng-
union of his principal. The County Court Act only allowed
to be appointed for a period of two months, but
gentleman had given judgment lone months after his ap-
pointment as deputy.
The Lord Chief Justice said the objection was a serious
one, ond
side before theygula had
terthar. better hear what muM be said on the other
Mr. Mellish -submitted that the new judge of the court
might adopt the eanclusdon arrived at by Mr. Pollock's
deputy and that if the defendants had any objection they
Mould 'have made it to the county court judge, and not have
waited to see which way the judgmeat wan behre objecting.
The Lord Chief Justice said if the new judge had adopted
the act of the deputy there was thin objection, that the new
judge had decided the cue without having heard it.
Mr. Brett thrthea• contended that the county court judge
bad no authority to entertain this snit et all.
The Lord Chief Justice and the court was of opinion that
the county court had jurisdiction in the matter; but then
the new judge, who most be taken to have decided the cue,
bad done so without hearing the parties. The beat course,
therefore, would be to enlarge this rule, so as to give the
plaintiff an opportunity to apply to the county court judge to
remind the pretest order and afterwards to hear the parties
end 'sake such order aa he should think proper under the

Pal IND AND .ILNOTRISII. V. DINITITT.—TIII WORTHING LOCAL

BOAII) 01 MIALTH.
The plaintiffs is this me* are oontractors, and they sued
the clerk to the Lead Board of Health of Worthing, to
recover the price of certain sanitary works osastrooted for
the use of the town. It was admitted that the pleintift had
done the work, but as to certain extras in ocemezka
with the first contrant, it wee said that it wee necemery that
there should be orders and a certificate from the engineer,
and that a claim should be seat in under the contract. All
to the second contract, it appeared that • bir. Dowell had
agreed to do the works, but he baring failed, the plaintiff.
undertook to complete the works. The defendant contended
that the plaiting( contract was not valid because it was sot
under seal. At the trial before Mr. Justice %Ilea, the facts
were admitted, sod a medic* wee returned for the plaintiffs,
subject to the opinion of the court. The question now wee
whether there should bee relict entered for the defendant.

Mr. Leah, Q.C., and Mr. Hance—a—p—pe;;d— to show nags."
rtisid to sup the rule being made absolute ; and Mr. Hawkina and
port the rule.
Mr. Field said, notwithstanding any feeling the court
might haw upon this matter, they would decide this pus-
, tka as ssepwdy of law.
The Lmd Chief Justioe—No doubt, but there was nothing
to prevent the court &spewing its opinion if it was seen that
injustice was done by this defence. It was scandalous to say
that because three was not a deed under seal therefore they
should not pay the plaintiffs for the work done.
Mr. Field said there were certain circumstances behind.' ,
The Lord Chief Justice—He never knew a dirty defence set
up but it was said that there was soma justice behind.
Mr. Field—Were people to be prevented from insisting on
their rights?
The Lard Chief Justice—lf there were any merits, the de-
fendants need not be prevented, by this dirty defence, from
setting them up. He thought they were not going beyond
their province in expressing their opinion of the turpitude of
thik defence.

Mr. Field trusted that their lordships would decide the

ThsCorei Chief Justice—Clearly. I feel for the very
painfal_poeltion In which you am placed.
Mr. Judos Willes—Ws must put out of our minds that
sets like thaw have been done by such bodies before.
The Lard Chief Justice—They have no consciences.
Mr. Field contended that the contracts were not in accord-
ance with the terms of the act of parliament.
The Lord Chief Justice regretted to say he did not see the
necessity of troubling Mr. Field further. He regretted to
comae to this contusion, but ha saw no alternative. It was
erht to make the rtes liable by means of this action
spinet the public Aker. The Local Hosed of Health had
power to enter into contracts to bind the rates, but that power
was the creation of the statute, and the statute having pre-
scribed the mode in which such contracts should be entered
into, he thought that the power to bind the rates was °mull-
domed on the contracts being entered into In the manner pre-
scribed by the act. He saw no alternative but to say that
Mr. Field's argument was well founded.
Mr. Justice Will., regretted to come to the same conclu-
sion; sad certainly it was not the first instance of fraud and
oppression proceeding from the same source within his own
observation.
Rule absolute.

COURT OF EXCHEQUER.—Jumz 9.
(Siltlnv In Banoo.—Before the Lord Chid Baran, and
Baron. Bramwell aml Wawa.)

THE ATTORNIT-OZWERAL O. RIBTHOR7.-111:CCESSION

DVTT.

This wee • ore In equity: on en Information flied by the
AtecenerGenend sad seerw, and acne before tie court
for lb ailes eel fae ennetruction of the Succession Duties
Ad the tesehr. ekonmetances. In 1821 Ocedagsby
W. 1111drep, le., the testator by will, settled his red
Niels ea lb hers, the We Colonel Bibthorp, M.P., for
We, with omit*, Is bit feet end other woe fa la& The
WYSE tad Is Maga, 1822. la 1848 Caked atbetorp
sad the Major Sibthorp, hie eldest eta, diets.
Wad sad tuallial rt 'date, subject to • joint power of sp.
=while ilhap eseerally executed, to the use that the
theald Sodas the joint lives of himself end hie
hair !seeks 1,001. pre anaw. In December, 1866, ca
died, end Its imelsat tor the court won the rela-
tions dslig betweenthe definehat and the testator, which
wuuM paws the duo, tot white be wee liable, and whether
wen entied Is slashers.* with respect to tho sa-
nder width be WI under the arrangement.
err • L Blasi Mr_ Thring, and lb. Anson, of the
Cliseesery bar, semi the awe for the crown. Mr. &mill,
MThe argumen r. Phipate, end Mr. Id&lsjerested Major Sibthovp.
bides
The Lord Clislareetkla e'vegjegir rd, said he was of
opinion that judgateat WAN be tio Ihe crown on both the
porta. He etweldered that the delaideat woo liable to pay
3 per cent. reserelsa duty under the will. The object of
the fancily arreepereat was to leers the anecession u they
feed it ; and as es the other point, it was clear that the de-
Meat was not reeled to any abatement with respect to
the annuity of 1,0001., which no longer existed as the death
of his father.
The other raepl judges having concurred,
heaviest was entered for the crown, and a decree drawn
up 'media*.
(attlay at 18W Prism—Before Mr. Baron Martin end
Common Juries.)
DIMITY O. JONES.-•MDINT.

The was on eotios brought by the plaintiff to recover
corepesiation far *Arise populated by the seiligeoce of the