The Express.
London, England, 1859-05-03 00:00:00

Kato intelitsnue.

EQUITY COURTS.—MAY 2.
(Beiges the Lord Cranesllor and the Lords Justices).

Till ATTORSIT-OINIBAL V. DAYT.

la SU sae an iskemation bed ban Med by the Attorney-
General in October, 1852, in whit& the ceurehwerdene
the perish cd St. Cites, Norwich, were the relators for the
=of setting made a lame dated lab September, 1726.
was eireated by the them existing cenrobwertlens, by
whisk tartan property held on chartist& trusts to the
perish was let for 600 years at s oust of 81. s- year. The
ground am which it wee sought to set the ad
e
wee that it wee en improper sad improvident one,
and bed been mated for an inedequate coneiderauom, and
lashed s breech of tenet on the part of the grantors. The
vomiter came bobs the Ms*, of the Rolle in and it
Was objected that the afterestion wee barred by the Statute
of Useetarkaa. It append that an information in which
the same awake was involved, namely, the " Attorney-
Often' v. Magdalen College, Oxford," was heard before the
Master ti the Rolle about the same time, who held that the
Statute of Lanitations did not apply to awes of clarity ;
be der gave a like decisions the pesieS cam. The nab
the Astons-Genera v. Mtigi College" west
appeal to the House of Lade, when tbe
wee of the Master of the Hale wee reversed,
and it was laid down that Saida were kW/ subject to the
provision' of the statute. Owing to that dereelom,en appeal
was brought in the present as from the &wee of the court
below. The arguments now tamed on whether than we.
anything in the present ow different from that of Magdalen
College.
Mr. Daniel and Mr. Speed appeared for the appellants ;
Mr. Lloyd and Mr. Heelop Clarke were as the other side.
The Lad Chancellor said that until the decision in the
Home of Lords on the Magdalen Collapses, It had ban the
opinion that charities wore not within the opention of the
Statute of Limitation.. But for fleas.) he should has ban
of opinion that churcbwsrdena beats fluctuating body, did
not come within the meaning of the words " person" sad
" trustee," used in the 24th and 25th sections of the statute.
Am the matte/ stood, however, this court was bound by the
decision of the House of Lads, and, Sombre, the informa-
tion must be &mimed, but without sac
The lords Jostles concurred that the court wee secluded
by the judgment of the Mose of Brace the Megdales
College ease, Lord Jostles Knight observing the;
lookiag to the previous authorities alone, he should have
come to the sine concision as the Mater of the Hells.

The Lord Chancellor stated that it was his intention to alt
for same time la thie court, sad be would take appeals from
the Master of the Bolls sad Vice-Chaeoedlor Klnderalsy.

COURT OF COMMON PLEAS.-MAT 2.

&taw la Banco.—(Before Lord Chief Judos Cockburn,
and Joatkes Crowds, Willis, and Bytes.)

CLLIII V. DICIESON.-ALLIOID 11111.11.1111111TATION.
This was an settee to mover money paid fee some shame
to the Waled Potosi Lied and Copper Klee. upon *impound
that the plaintiff kuul been induced to take the gazes by false
representations, and at the trial the verdict was for the
plaintiff. The matter now mute en upon canes bang shown
&gate►t a rule for • new trial ; and it was contended on the
part of the defendant that there had been no misrepresen-
tation. _ . .

The Lord Chief Justice said he we' of opinion that the
role should be discharged. Looking at the prospectus
betted by the directors, of whom the defendant, Colonel
Dicey" was one, it seemed to him impossible not to that
there was mbrepreseetatioe. The directors informed the
public, where they invited to take shame in tills company,
that the property consisted of a mine, which was held far a
term of years, granted by nits Louden, Esq. • end the
directoss went on to say that they had made smingemente
for the purchase of the whole of this valuable
_property for
6,00 W. cub, and 23,000 L paid-up shares. The fact wee
that the Immediate isesee of Price Loved's, Lq., wee lir.
Williamson, who bad made over his interest for 1,0001 to
Wilkiosoe, who was sesociated with Colonel Diebacm, Fier
to the issuing of the prospectus. There was
don in two rarticulare—tbat the purchese wasmi=r;ll:
cemputy foul the person wbo derived tic interne from
Priem Loveden, EN., end that the towidevation wee
30,0001. Looking at all the cfrourastances, there was no
rfor statism aside the verdict as "gaunt the evidence,
tad hough them might be some grenade for contending
that the plaintiff had been led to purchase the shares by the
istatement of a gentleman who wee a broker, yet there wee
the oath of the plaintiff that It was the rspreseutaticats in the
prospectus which induced him to take Awes, ead the learned
judge warn net &drebelled with the veediet,
damberge.

COURT OF PROBATE AND DIVORCE.
MAT 2.
(Bohm the Judge Ordbary.)
=ITN (1111 ZIA GUARDIAN) V. lIIIO.—NLIARIAOR WITH •
DICEY= wars'. norm

This was a nit relating to the propeety of one Benjamin
Smith., deceased. On his death letters of administration had
been amnia to his reputed widow, who had afteetrazda mar-
triad the &deadest, but who Ina alto deed.
The plaintiff, a minor, now demanded (by his tint) letters
of alministration, on the ground that the so-called Mrs.
Smith could not really have been the wife of the deceased,
because she was the haltaister, on the mother's side, of it
former Mrs _ _

and Dr. Liphillcs appeerei for the
pleistiff; Mr. &Omit Ballaityns awl Mr. HSADISI for the
defeedast.

11e kart Sound the facts in conformity with the pile of the
pldnlid; end
Sir C. Criswell, revoking the previous lettere et Medals-
tration, 'nutted sew ones, es prayed ; but isesresd the ques-
tion el costs.

COURT OF BANHRUPTCY.—NAT 2.
(Won Mr. Osoduisair Fasbleaque.)
IN RE 11011 LI:SIND/OA, SCILLISINOZZ, AND PANJITT.

The wart was occupied .11 487 la alari="lB
la Ude ore. The bankrupts were ftsalters of hag.
strf et, eadthe certificates of am fichlmbgers were opposed on
various grounds. At the close,
lila amour said it would be quite haprosible for him to
give his judgment at that sitting, as he might find it notes-
ray to reed °Tar all the Gamins. woe again.
Mr. Begley—Perhaps your honour will discharge Mr.
Chicks Paella to-day ?
Tb. Commiselosisr—ls them say objection on the part of
the assignees or the creditors I'
Mr. Ltaklater—None whatever. It is quite cigar he has
beau the victim.

The Commissioner—He has been the victim; bat I am
not in the habit generally of drawing distinctions between
partner, bemuse, as they an liable for each other, they are
also bound to watch the proceeding■ of each other; and if
the bankrupt Charles Partitt had been • little older, or •
little more Intelligent, it Ia very probable I should hays undo
him liable for the gross negligence in the keeping of the u-
mlaute at any rate, and for blindness in some other parti-
culars.

Mr. Linklater—Perhaps the withholding of your &moues
decision might be conaldend u imputing something to him.
The Commissioner—No, I don't think that. Bat I think
it is exceedingly necemary that he should have • lemon, and
that Ids father should have a lesson also —that be should not
lave launched hie ship before he found her seaworthy. He
was rather too much in a bony to put his ern into business
before ha saw that he was competent for it. I shall give him
• secoad-clues certificate, and suspend it for six months, be-
came a portion of blame attaches to him as to the book-
keeping, seeing that he was in that department.
Mr. Licklater—Perhaps your Honour will make it six
months from the date of the last examination ?
The Commiesloner—Yes. I will give judgment is the
case of the other two bankrupts Is soon as I possibly can
from this day.
Mr. Linklater and Mr. Hopgood appeared for the assignees ;
Mr. Spins for a creditor; Mr. Roxburgh and Mr. Bagley for
the bankrupts.