The Express.
London, England, 1861-05-24 00:00:00

lab) inallignia.

EQUITY COURTS.-MAY 23.
(Before the Lord Chaoo.Uor and the Lord. Justices.)

TIM =Pflug OF AUBTAIA V. DAT AND [MOUTH.

The arguments in this ease were resumed.
Mr. R. Palmer, with whom were Sir H. Cairns and Mr.
Cotton, for the Emperor of Austria, contended that his
Majesty must be takes to be King of Hungary.
The Lord Chancellor rid that the Emperor must be taken
de facto to be K ine of Hungary, having been recognised as
such by the sovereign of this country.
Mr. R. Palmer then urged that by the law of Hungary the
issue of notes could only be done by the authority of the King,
and that, however common might be the use of the royal arms,
the affixing of them to state documents could only be done
by royal authority ; and he commented on the statement of
the defendant Kossuth that 21 millions of notes, weighing
17 tons, which were to be manufactured, were only to he
used in the event of an alteration in the existing govern-
ment of Hungary, which could only mean its overthrow.
It was then contended that the sovereign of a foreign
state could sue or be sued in the English courts as decided
by several cases—among them "Hallett v. King of
aid "The King of the Two Sicilia v. Willcox." It was
also contended that the present attempt to issue notes was
en usurpation of the right of the King of Hungary, and that
these notes purported on the face of them to be issued by
the authority of the Emperor of Austria as King of Hea-
-1 gary. It was not sought to advance boy political object ;
bet to afford the protection of the courts of this coon.
try to a weenies Busing in his capacity as a corporation
sole, with a view to the preservation of his rights.
Sir H. Caine and Mr. Cotton followed on the same side.
Mr. Collier, Mr. Cliffard, and Mr. C. T. Simpson for M.
Kossuth, contended that the case was sot within the 'uric.
diction of the court. The right of a sovereign or a subject
to we in this court is confined to matters relating to pro.
arty, to contract, fraud, or confidence, on none of which
does the planters claim rest. A sovereign cannot sue in
respect of an affair of state, and the plaintiff conies here to
protect a prerogative right. The wrong complained of is one
against the laws of Hunpry, and redress moot be sought
there. The notes, while in this country, are harmless, and
after being introduced into Hungary will be valueless until
auctioned by the Diet. They casnot affect the currency in
plaietiff's dominions, for they will not become current until
his rule is at an end.
The case for M. Koesuth is sot concluded.

(Before the Master of the Bolls.)
P 551 C. CLAGO.
Ills Honour gave judgment in this case, which was
argued last term. The suit arms out of the insolvency of
the establishment of " The National Community Friendly
Society," which was founded in 1 and subsequently
Oramated with another society called" The Association
laClasses of all Nations," under the name of " The
Universal Community Society of Rational Religionists,"
which again, in May, 1842, was, by • resolution of "Con-
, grees" passed at Harmnoy-hall, changed Into "The Rational
Society." This society became powered of a leasehold
I estate is Hiawatha, the claims of the creditors upon
which was the 'object matter now in question.
The Meaner of the Rolla, in giving judgment, observed
that this was a suit by a person claiming to be a creditor of
• society originally ealkd the National Community Society,
but which afterwards adopted the name of the Rational
Society, seeking to have some leasehold property belonging
to that society in the bands of the first three defendants on
the record applied in payment of the debts due by the society
to the plaintiff mid to other persons similarly circumstanced
with himself. That the property in question below to the
society is not disputed. The first question is this—Was the
plaintiff ever a creditor of the society? and if he was, is he
so still? The following &chi appear to be moved :—First,
that the plaintiff, in May, 1842, advanced 50U to those per-
sons who oonstituted the members of the Home Coloniza-
tion Society for the purpose of its being applied for the
benefit of the Rational Society, and that it was, together
with other monies contributed by the members of the
Horne Colonization Society, applied for the benefit of the
Rational Society ; secondly, that at • meeting of the direc-
tors of the latter society which took place in Jam, 1843, a
resolution, which his Honour read, was come to with refer.
mos to the raising of money, Re., for the society ; thirdly,
in November, 1845, the plaintiff wrote to the central board
of the society, and required payment, though in answer to
this, Mr. Buxton, one of the three persons to whom the
property of the Rational Society had been assigned in
trust for its creditors, disputed the claim, but the annual
congress held in May, 1845, confirmed an entry which had
been previously made relative to the plaintiffs claim; and
his Honour thought it impossible after that to dispute that
the plaintiff was a creditor of the society at that time for
the sum of 509/. 16s. 9d. But it did not rest there, for the
plaintiff seen afterwards to have been treated as a creditor
by all persons concerned. In Jime„ 1848, Mr. Buxton sum-
moned a meeting of all persons interested in the society for
the purpose of making a full disclosure of its affairs ; and
also he summoned a special congress of the delegates of the
society to take into consideration the affairs of the society..
The meeting of the 29th June, 1848, took place accordingly,
at which certain resolutions, which his Honour read, were
come to as to winding up the concerns of the society, and
which were confirmed by a meeting held the next day. His
Honour. after saying he was of opinion that them Manses.
Mona were conclusive as to the plaintiff's being a creditor at
that time, then noticed the moms In which, as proscribed
by the Lon of the society, the power of borrowing money
was to be exercised, and which had not been complied
with in the plaintiffs case, sod added he was of opinion
that the society might incur debts independently of the
rule, end could not repudiate the debt when they had the
benefit of the money, although they had not adopted the
proper method for giving the creditors security in the form
prescribed by the rule. In reply to the objection that the
debt of the plaintiff wasbowled by the Statute of Limit's•
lions, his Honour thought that the resolutions poised in
June, 1846, meditated a trust of the leasehold property
belonging to the society for the benefit of its creditors, and
that, therefore, the question of the statute did not arise.
The only question raised was whether the plaintiff is or is
not one of the oestuis que trusted.. There are, however.
two other objections which are very streouously urged
against the right of the plaiutiff to sustain this suit.
The most important of these is that this society
was founded for an immoral and an illegal pur-
pose, and that, it was contooded, appeared from its rasa
The charges against it are that it was founded first for the
purpose of propagating natural religion to the injury of re-
vealed religion ; secondly, in order to put as end to all
moral restraints on the actions of men ; and thirdly, with a
view to destroy the iestitution of private property gene-
rally. His Howie added-1 have perused the rules of the
meet, with ruferenen to these objections, and although I
am of opinion that the society is based on irrational prin.
tiptoe, sad seeks to realise a visionary and unattainable ob-
ject, it is not, I think, to be considered as founded for the
purpose of propagating irreligious and immoral doctrines in
the ordinary and proper meaning of those words, and that it
is sot stoat • society as that • person dealing with it could
not acquire a right to enforce a contract entered into with
him by the society. His Honour then referred to the fact
that the certificate of Mr. Tidd Pratt, certifying the
rules of the society, conclusively established that it
ought to be treated as an onlinary friendly society.
The objection, therefore, could not be sustained. The re-
maining objection urged had relation to the absence of any
representative of the moiety on the record, and to the fact
that the plaintiff had proceeded against the defendants as
representing the various classes of members of wtioh the
society was composed ; but this objection his Honour con.
sidered, under the circumstances, could not be sustained.
There would therefore be • decree against the first three
defendants on the record in respect of the lease snag' tied to
them, and for an inquiry as to who the erediton of the
society are, and what are their respective priorities. Further
consideration and costs reserved.
Mr. Lloyd, Mr. R. Palmer, Mr. Selwyn, Mr. haw, and
Mr. Westlake, appeared in the cam.

COURT OF QUEEN'S BENCH.-MAT 23.

Satiny in Banco in Trinity Term.—(Before Lord Chief
Justice, Cockburn, and Justices Wightinan and Black-
burn.)
IT. ALB= AND WWI e. Till LONDON DENINAL OMNIBUS

COYPM(T.-ACCEDE T.
This was an action to recover compensation in damages
fee bodil4ries sustained by Mrs. St. Albyn, through the
alleged nos of the defendente servants. The trial
leek place ore Mr. Justice lit ightman, at Westminster,
when a verdict was returned for the plaintiffs -damages
100/. Mrs. St. Albin wee a passenger in a "John Bull"
omnibus from tho Bank to Maida•hill, and whilst she was
getting out, the driver started off too soon, and she was
thrown on the groundiand received the serious injuries com-
plained of. There were two sets of "John Bull" omnibuses
on the route, one belonging to the defendants and the other
to a Mr. Young, and there was a °maid of testimony as to
which Mrs. fit Albyn's had travelled by.
Mr. linddlestoo and Mr. Lawrence now showed cause
against a rule which had been obtained by Mr. Mills for a
new trial, an the ground of lawns.
The court made the rale absolute up°. the payment of all
oasts.

COURT OF COMMON PLIAS. —MAY 23.
goings in Bantia(Bafore Lord Ohief Judie Erie and
Justices Williains, Will's, and Eris.)
WILTON V. TIN ATLANTIC ROYAL NAIL 817.111 NAVIGATION
CONTANT (UNITED).—LOBII OF PANDITIORRIV LUGGAGE
The plaintiff is this case was a passenger by the Argo,
frown New York to Galway, and an the voyage the ship on-
farina.* ran ashore on the coast of Newfoandlend, and
the plainff last hi ingsge. The presest /scrim WY 60
mo ti
ver the valise of the higPsgb and as the trial before the