The Express.
London, England, 1868-11-20 00:00:00

Aid W I.h J .tritaLi(iENUE.
EQUITY COURTS.—Nov. 19.
(Before Vier ()Member Bir J. Stuart.)
AND ■UL= 11111011110 E 0011:PANT

at sa =1

(raturam).
This was NI application to the court on behalf of •
Mr. Bridger for en order to remove his name from the
list of rot amebas of the rompers,. It appeared that
Mr. Bridger was • holder of Ave shares in the company.
In January, INS, he meld and transferred theta to a Mr.
Laß; and the treader wen registered co the WO Feb-
ruary, 1146. Two gals were then mado on Mr. Ball is
ierpict of the shares, but wars hot paid. On the 3rd Oda-
bet, 1886, the chill,/ were declared forfeited, on amount
of the see-payment of the calla. On the Mb
October, Mao, a reolutien was passed for the voluntary
winding up of the emapany that resolution was after-
wards confirmed, and the winding up was made subject,
to the sups. V/Fiolll s 1 the omit. In settling the hat of
cirritiftnitorios the official liquidator had placed the name
of Mr. Bridger on the Wit. as • past member of the sow-
't any ; and from that be now appealed to the court.
4.0., anti Mr. Lomat Webb, fur Mr.
Blillgel, supported the application. They contended that
y the (Owl antes Act, 11%2, a. 3s, et 3, no past member
ores liable to contribute to the awe.' of the
• atiany, unless it appeared to the court that
the meting members wei mush!, to satisfy the
contnbutiotur required to be mole by them; and. in
the care of a limited company, no coutribitien
was to be requ:red from any member *mewling
tie amount, if any, unpaid on the auras in mired of
which he was liable us in omit or im.t member. The pen-
iwut uK mbere are. iu thin case, able to pay all the debit of
the r 01111 any, and Mr. Bridger had paid all that was due
firm him to the company is reelect of the shares. By the
registration of his transfer and the forfeiture of the shares,
the company bad entirely absolved him ' • if it were not so,,
he would ri slam a pot member bemuse his transferee
Lad ben guilty of au act which he (Mr. Bridger) could
in no way prevent. Besides, the shares Wog, when they
sire forfeited, the prop arty of Mr. Ball, they wars, in
fact, forfeited forth° beneht of the company, and twined
pet: of its assets. They ales relied on the articles of the
song any.
r. Dickinson, Q.C., and Mr. Everitt appeared for
otter parties in the came intehet as Mr. Bridger. Mr.
Hardy, Q.C., and Mr. J. N. Higgins for the official
liquidatrr of the company were not called upon.
31. e Vice-Cbsnowlor said it was doer that the company
had power. under the articles., to forfeit the shares;
_but
in the arguments addreerecl to the court were allowed to
viva* the misconduct of a Iran-feree of shares might iu
sows CVOs seriously affect a pi serious holder of the shams.
lie true view of the case was this: that by the transfer,
Br. Bridger Icarrd to be a shareholder in, but still he re-
wamed a last member of, the company ; awl halite as much
for those engagements under the Companies Act and the
ai Crier of this ((mislay for which he had orirrinaly
1 rind binned!. The Vice-CLancellur then referred to the
art c le- of the company. and upon the whole cam, ce-
p,' end tto be his opuhon that Mr. Bridger's name WWI
lung rely placed inn the li-t of the past members, and mast
minim, there. The application must be refused with cone.
COURT OF QUEEN'S BENCH.—Now. 19.
flittin‘s in Banco.—(Before Justices Lush, lumen, and
Bayer.)
. WAiON C. WALTERS.

This was an action aga n-t the lima newspaper for an
alleged lib I in publishing a true and bon t fide report of
the proceedings in the llott-e of Lords on the presenta-
tion of a petition from Mr. Rigby Wason by Earl Russell
gng that Sir Pitney Kelly, nearly SU years ago, when
Mr. kielly, pledged his honour before a committee of the
Mouse of Cousmons to the truth of what he knew b be
falee, end playing that the two houses of partiaiwmt
iliotld join in petitioning the crown to remove Sir frafroy
Belly from the judicial bench. From the numorotts apph-
eat ous by the plaintiff before themetropolitanmaiistrates
its connexion with the report of the proceedings in the
Howe of Lards, as published in other morning pa re,
and the lull report of the trial in this case before the Lord
thief Justice, at Guildhall, the public must be very
'moiler with the particulars. There was, however,
another count, charging a libel in the comments of the
7 iota on the debate in the House of Lords on the preien-
tatism of the petition. The action was tried at Gethlltill,
Wale the to, d Chief Justice, Mr. Rigby Wason conduut-
log his own ease, when the jury returned a verdict for the
derenesint. The Lord Chief Justice held that isoclines
and bang-fine reports of the debates in parliament, though
refit eking on private pontoons, were privileged, and the
July were of opinion that the comments thereon by the
lie a, in this instant:la wete fair and reasonable and fir
the public !emelt. Subsequently Mr. T. Jones, Q.C.,
obtained a rule to set aside the verdict and for a new
Beal.

To-day the Attorney-General, Mr. Coleridge, Q.C., and
Mr. 80. d showed cause against the rule. Mr. T. Junes,
Q.C., and Mr. Turner supported it.
In the course of the arguments the Lord Chief Justice
raid no doubt the meson why a convenient repo: ter:
gallery was 1,, ovidt d was to hove some ormtrol over the
rqsruts of the debates. and if abured to bring the
offending (arty to the her of the house for a breach of
privilege. And in consideling old decisions bearing on
the r nevtum they must not shut their eyes to what WM.
) awing mound. and nobody won!. deplore the s mores Ma
of their speeehes more than the members th Muse' lfrt4.
he homes of parliament regulated their pmcieeding.• by
strand ng mders. Practically, the /kith', of Co' maroons
eanctot.ed the pubLeati m of the debate•.
Mr. T. Jones said it had ben laid down with r.der•eneo
to the pr.vi!ege of parliament that the public DAIVALItagO
013rilt Bat to outweigh injury to
'Jibe !tether hearing of the case was then adjourned to
Fattaday murnuig.
COURT OF BANKRUPTCY—Nov. 19.
(Before Mr. Commissioner Holroyd.)
Dv EE cuAams PETERS AND JOSEPH WARBURTON.

'lbis was a sitting for di-charge, the bankrupts having
pawed their examination. Miser*. Peters and Warb.irton
were iibbou manufacturers, of 149, Cheapsidu, and of
Ciro ntiy. 'Their debts and liabilities amounted to
123 lbfli.; against erects—property given up to the
awigneee, 4,0624 ; good debts. 7231.; and doubtful dobtt.
estimated to realise 3661. The adjudication was mule
ou the petition of creditors on the 23rd of September,
1E67. _

E. Reed oppooed on behalf of the saagneer ; Mr.
I awranee appeared for Peters, and Mr. Treherne for
Warburton. _

The bankrupt Peters having been examined,
kir. Reed addressed the court upon the evidenoe, and
center:dad that the bankrupts had brought themselves
within the 169th an tion of the statute by contraminc
debts without any reasonable expectation of payment, and
by trading upon fictitious capital. Upon those grounds
he inked for an adverse judgment.
Ur. Commissioner Hotroyd raid that, however impru-
dent and rat Mesa the conduct of the bankrupts might have
been. the court was unable to say that the charges made
at the instance of the assignees hal been established, and
the orders of discharge must be granted.