The Express.
London, England, 1850-04-30 00:00:00

Kab3 ilntelltgence.

COURT OF QUERN'S BENCH.—YESTERDAY.
SITTDIOS IN BANCO.
Dos DRY. MORI/0 AND OTHC V. GLOVER.
. . •'4 •N RI

_
In this case the defendant was • member of the Padding-
ton and Bayswater Building Society, of which the plaintiffs
were the trustees, and the action was brought for the re-
covery of property on which the plaintiffs had •
mortgage, which had been given to secure certain ad-
visees made by the plaint ffs to the defendant, the de
fondant having covenanted to keep up certain payments to
Lord Cadogan, the grantor of the lease to him, which lease
he had unlined to the plaintiffs, by way of 'scanty as
above mentioned. The defendant having failed to keep up
the payments, they were made by the plaintiffs, and the
action was an ejectment brought by the plaintiffs upon the
motleys, one of the covenants of which had thus been
broltnt by the defendant. At the trial, which was before
Lord alums., the plaintiffs recovered, but leave was reserved
to the defendant to move the court to enter a consult, on a
question connected with the coastracion of the society's
tales. A rule was subsequently obtained, and the question
now came on for argument.
Mr. ilumfrey and Mr. Wines showed cause against the
rale ; Mr. M. Chambers and Mr. Joyce supported it.
It was contended for the defendant that the society was
an illegal society, it being clear from the rules that its object
was to obtain • usurious interest upon advances made on the
security of land. II that were so, the conveyance on which
the plaintiffs relied in forming the title was necessarily void.
The defendant, who was a builder, being desirous of borrow-
ing money for building purpose., applied to the society for
an advance of 6001 Of this sum, however, he only obtained
3621, fhe remainder having been absorbed in fines, &c. The
object of the set 6 & 7 Wm. IV., c. 32, for the regulation of
benefit building societies was to empower those who had
amused small sums to invest then sums, either in houses or
in freeholds. If the plaintiffs could otherwise recover
they were precluded from so doing, by the rules of the
society. without obtaining an authority pointed out by the
riles.

The court was of opinion that the plaintiffs had proved a
prima facie case, and that the rule for the noneuit should be
discharged. The case made out by the plaintiffs was a lease
made by Lord Cedogen to the defendant, and by him
assigned to the plaiatiffs, with a covenant to pay the rent,
which had been broken by the defendant, the breach
amounting to a forfeiture. This then was the common cue
of an action brought by a mortgagee against his mortgagor,
for a forfeiture. As regarded the rules of the society, there
appeared to be nothing in them either inconsistent with or
in contravention of the enactments of the legislature. If the
rules were such as to mask transactions*, a usurious character
that was no ground for a non-suit, buts question which should
have been left to the determination of the jury. The argu-
ment that the action had been brought without proper
authority was one which ought not now to prevail, although
that was a oossideration by which the plaintiffs might have
been restrained from proceeding in earlier stages of the case.
Rule discharged.
Mr. Kean moved for a rule to show cause why a man-
damus should not issue directed to the Waterford, Wexford,
Wicklow, and Dublin Railway Compaq, commanding it to
take off the common seal of the company from the register
of shareholders, which seal had been affixed to the said
register at the seventh ordinary meeting of the company, or
in the alternative, for a rule to show muse why a criminal
infermatton should not be filed against the Earl of Courtown,
chairman of the company, for certsia misdemeanours com-
mitted by his at the said meeting.
Lord Campbell inquired if there was any precedent for
such an alternative motion ?

Mr. Keene said that he had not been able to diseover any,
but thought that the court might permit him to make this
in the alternative. upon one sad the same afßd►vit.
Lord Campbell cud not think that the motion could be
submitted in such a form. _

Mr. Keane thereupon observed that be would confine him-
self to the first branch of the motion, that which content-
plated the granting of a mandamus. The company in
question wee regulated by the Railway Clauses Consolida-
tion Act, and the object of the present application was to
ascertain whether the shareholder had any voice in the
authentication of the register, and if so, if they could avail
themselves of their right by a proceeding like the present.
Lord Campbell inquired if there wee any clause in the act
sayuth that the oral should, in any ease, be removed
Mr K ane said that there was no such clause. The re
gister should be authentiested, ate meeting of the company,
by the affixing of the seal, which should not be affixed with-
out the wipeout of the shareholders. It had, in this can,
been improperly affixed ; and there were certain proceedings
which the shareholders could not take unless it were
removed. lie submitted that, in such • cue, the court
might properly exercise its power, and command the
removal.

Mr. Justine Erle—le not the sealed register only prima
fame evidence that a party s a shareholder ?
Mr Keane admitted that it was era; brit, in this ems, per.
ties had been placed upon the register who should cot have
been put up in it, end who oontiolled the affairs of the com-
pany to the detriment of others. liaises the seal authored
smug the r. gist. r were removed, the parties aggrieved could
not mail themselves of their rights and privileges as bent
tide shareholder., es they wished to do.
Mr. Justice Wightmen.—Would not the imperfection of
the regime be a good defence to an action ?
Mr. Keane thought it would ; but said that although the
parties aggrieved had a remedy by anion, they had other
!ights and privileges which were prejudieed by the remain-
ing of the seal upon the register. The ground on which he
rested hisapplication was, that the court had the power to
onion* to em set of parliament when there was
no other ellebrat used, of which the parties injured by
its being disobeyed eeald avail themselves.
Lord Oaaphell—li am clearly of opinion that no greusd
whatever as be made for the Issuing of the writ In this ease.
The high prerogative writ of staridawse wet mast beneficial
in i• a operation, but it must be ocielined to the limits assigned
to it by law, for it would lead to the moat isooavealeat tea-
erquenwe if it were applied la every direetion to whisk the

feisty of ate esightpaist it. 'Shen is no tof the
writ issuing to essaaad a thing done to 1a sada**. We
way order a wal to be sailed, but we cannot sit in Jodi-
went on the gate ion whether it has been properly &thud or
not, by ordering it to be taken off after it has been affixed,
se is this ease, to the register. I feel bound to sity that
'Maid give no eouateasses to net aa eaptritnent.
The otbor judges copewred.
Rule Mused.

COURT OF COMMON PLEAL—YarrisoAT.
&mom to dosoo.—Hires Law Cam Joiner Wrum, Ma.
Jams Km; Ma. Jon= wilawas, asia Ma. Jarmo 7v.
wow
Thar lordships were oorapied the whole day Is beetles
the erwaseents la a are of hiWate o. the Archbishop of
Canterbury and York ; but, as they were sot concluded
what the court rose, we postpowe our report.

MIDDLESEX BESSIONS.-YESTEEDAY.
Rocas Ida. Baaraue ADAM AND a lIENCII OF MAGOITIATIO.
The court eat yesterday at Clerkenwell to take parochial
tppeals, and appeals against eenvittione by magistrates.
There were seventy one entered for hearing.
TAI B.T&IATID RIOOONISAISCIA OP Leta Norm's
BAIL.
. _

Awry Denial Darks eatiThs-7tiel Dares' appealed spirt
an order made by Peregriao Bingham Bog., one of the
magistrate+ of the Marlborough-street ;oboe court for the
payment by them of two sums of 6001., the amount of mem-
alarmse entered into by them fee the @Komar* before the
said magistrate, of Maria Dolores, Contuse de Landsfeld
(Lola Mosta), who was accused of bigamy, and failed to
surrender. The order was made in October lag.
When the Cu. was called on, a document was handed to
lb. deputy-clock of lb. peace, Maned by Mews. Davies,
Sox, and Campbell, of Warwick- 00000 t, Regrir.street,
solicitors for the appellants, in which they consented to the
appeal b log dismissed, the appellants paying the cads.
The learned Judge said that r far as re question In.
volved in the app ol went this was satisfactory, but he could
not receive it except through counsel.
Mr. Clarkson and Mr. Bodkin, who had respectively re
presented the parties in the matter, said they had not been
liddructed on this particular occasion to take any step
whatever.

The learned Judge intimated that under them circum-
stances he would allow time for the appellants to give their
consent through couneel.
LRAWIMOTON (WARWICK) O. Sr. MARTLIBONI
This was an appeal against an order adjudicating the set-
tlement of Themes Clarkson, a pauper, to be in the appellant
parish.

. - -
Mr. Iluddlntone was for the respondent parish, and called
the pauper, who deposed that he had lived as yearly servant
to a livery-stable-keeper at Ltaraisgton in 1832 3 ; and this,
the learned counsel contended acquired him a settlement
there, and therefore that the order was good.
Mr. Bodkin, for the appellant, called I witnesses,
who at the fiats In question were In the service of the livery
stable-keeper ed to, and they stated that Clarkson
never WOO r yearly servant to their mister, but merely em
ployed casually, and paid weekly wages.
The case lasted • considerable time, and eventudly the
Court quashed the order.
TH. KINO.O-ROAD, ELTON-MT:LH&
In the coarse of the day the learned Judge made the re-
turn to a writ of certiorari, granted by Mr. Justice Coleridge,
for the removal from this °Gory into the Court of Queen's
Bench of two indictments, recently found against certain
trustees, and the inhabitants of the parish of St George,
Hanover square, for neglecting to repair the King's-road,
Baton-square, so as to enable the public to pass and repass,
without endangering their lives and property.
Tee Court dupoesd of • number of parochial appeals, the
details of which were Olio general interest.