The British Press; or, Morning Literary Advertiser.
London, England, 1825-03-30 00:00:00

INDIA.

BOMBAY. OCTOBTR 27.
By an account, dated September, from Urnrut Sir, we are in.
formed that the Maharajah had, on his arrival at that plare,
mated to the Chine his intention of immediately proceeding to
Cana, and if that kingdom should submit to his authority, he
would do every thing they might expect from him, or even more.
The ditch and fortifications of Umnit Sir were ordered to be put
in repair, ore of the tributary Chiefs having furnished a large
body of artifice foe that purpose, and directions were given for the
purchase of a considerable quantity of iron., for the purpose of
I being cast into shot. A subsequent account mentions his arrival
at behove, with the whole of his army ; shortly after which,
orders were issued to the Minister for the dismission of the Scin-
dian Vakeels, with a present of two elephants, superbly OM-
mented, and a letter for the Ameers of kind, demanding the
tribute which they had be-is accustomed to pay to the King of
Cabal, as a confirmation of their friendly intentions towards bun
and threatening that, in the event of the demand not being mm.
plied witli, he would resort to such outwore-a as would oblige them
to produce it.
The above intelligence from I'mrut Sir confirms a belief, which
was sot long since entertained, respecting Runjeet Singh having
hostile views towards Cabul aid Scind. The Sikhs are good war.
rims, determined enemies to the Mussulmans, and are u: der a
Chief who bears a high character for genius, firmness, and enter-
prise. With the powerful army which Runjeet Singh now com-
mands there can be but little doubt of his success, in the event of
his putting his threats into execution. Ilia anxiety, which be has
been often known •ti express respecting the movements of our
forces, may be accounted for from the dread of interference by our
Government is his schemes. We can have nothing to fear from
hint, although many persons at home entertain an opinion that he
is only waiting a favourable opportur,ity for invading our terri-
tones. Thera are so many enemies on all sides to contend with,
that he mast have sufficient to engage his attention for some time
to but was this not the case, he possesses too good a know.
ledge of the resources of our Government to make an enemy of it.-
11,,..16.iy Gazette.

THE 1 NDI AAR-. ARMY.
Head-quarters, Calcutta, Sept. 30, 1024.
GENERAL ORDER.
His Excellency the Commander-m-Chief takes the earliest op-
portunity of drawing to the notice of tl:e Regiments composing his
Majesty s Army in India, a General Order, dated at the Horse
Guards, Bth of October 1821, to which regulations are annexed
concerning the appointment of perhons to Commissions in the
Army, the prices of Commissions, the purchase and sale of Regi-
mental Commissions, &c. etc. ; anti his Excellency will hold all
Officers commanding Regiments, and other Officers who may be
concerned, strictly responsible that the instructions therein laid
down shall be attended to in the minutest manner.
By mitr of his Excellency the Commander-in-Chief,
THOS. lIPMAHON, Col. A.G.

THE BRITISH PRESS.

LAW INTELLIGENCE.

COURT OF CHANCERY, TUESDAY, MARCH It
REAL DEL MONTE COMPANY.
_ _
_7IIIIDZIL L. TAYLOR AMD OTHERS.

The Lord Chancellor having appointed this day to give judg.
ment on the motion for the injunction in this cue, the Court was
crowded at an early hour. 1
The LORD CHANCELLOR began by observing, that the argu-
ments oci the motion and those on the demurrer were quite ilif-
font. If for the demurrer, the bill must be taken AS true ; but in
the injunction it was the contrary. The bill, he said, began by
stating, that the plaintiff became acquainted in 1823 with certain
representing themselves as Illinisten of the Government of
personat Now if the question rested upon that fact alone, he should
instantly dismiss it, because at the time mentioned his Majesty's
Government did not acknowledge the independence of that
country ; and he did not think that, under the peculiar circtim-
stances in which Peru was placed with regard to the other country,
the Courts of Justice even now could acknowledge it. The
bill then proceeded to state•several circumstances which tendei to
thew thet the Bolanos mines belonged to the Real del Monte Com-
pony. The Counsel had, on both sides, contended for the legality
of this Company, so that if any thing condemnatory arose out of
the Act of George I. the Court would be obliged to find it in its
own resources. The indenture would be the first thing to look to ;
the next thing would be the circumstances which are asserted to
have taken place in the contract for the Bolanos mines, It appear-
ed that this Company was first formed upon the dth February,
11124, but not regulated by any deed till August. It appeared that
between those periods shares had certainly been transferred, and
that in all probability for money. The terms proposed by Kinder
were agreed to, and Taylor was authorised to contract with Kinder
in the name and on the behalf of the Company. The authority, it
, seemed to him, that were given to Taylor was confined to the mines
of Count Ragla and Mr. Murphy. The next material clause was
that which provided that the affairs of the Company should be con-
ducted by a Committee of Management. Now the question here
was, what were the affairs alluded to ? It seemed to him to mean
the contract for the mines of Count Regis and of Mr. Murphy.
Another of their duties was to get an Act of Parliament. it then
went on to state, that Taylor contracted with Kinder for the mines
of Count Regis and of 51urphy, that were the Real del 3lonte, and
that they were to be confided to the management of the Company for
e 0 years. The Court would be unwilling, without knowing more of
the contract, to decide upon the point of law. There was also a con-
tract for the mines of Moran, but the terms of it did not appear to the
Court. The Csnumittee of Management, in pursuance of the inten-
tions of the first general meeting, sent out officers and agents to
Mexico. Three of these officers were appointed as comminioners
on the part of the Company, and delegated with full and ample
powers. Ile would merely observe upon this, that the committee
could not delegate full powers if they had it not themselves. The
bill then went on to state, that Taylor should appoint the different
officers and agents. It appeared by a following clause that what-
ever was done by the Committee of Management was imperfect till
approved by the proprietors. The next thing of importance was
where the hying of the sums against each of their names was men-
tioned. If it were necessary here to decide upon the legality or
illegality, it would be neenuiary to know the whole of the original
proprietors and the original contracts, with a view to know what
transactions had passed between the execution of the deed and the
formation nr the Company. It would greatly depend on that
whether it was legal or illegal. There were then clauses providing
that such mints in Mexico should be worked by the Company as
should be decided upon by the Directors. Now thisaibserved hislords
ship, was the first part of the deed where the power of contracting
for other mines was merftioned. The formation of the Company
was to take advantage of the contracts existing with Count Regis
and ,Murphy. There WAS not a word of other mines than those tall
they came to that clause, where it was distinctly said that it was to
I work such mines in alexia) as should be determined on by the
' Court of Directors as far as the interests of the Company would
allow. The bill then ;waded for officers, chairman, &c. etc- and
had, as far as names watt, apparently a corporate character. One
thing that puzzled him was, that in nine of the cases which had
been determined, no definition had been made of what acting as a
corporate body was. This was material on more accounts than
, one. The question was whether acting as a corporation was of
, itself prohibited by the Act of thefith of George I. a shouldaikeito
know if it was not an offence at common law, and should wish it
to be well considered whenever a question of this kind should arise. '
He would suppose that this Company had actually been acting
t under a copy of the East India Company's Charter ; now that was
a corporate body; and this Company would, acting under
their charter, have been acting as a corporate body. It was
not being a corporate body that was an offince, but the act-
ing as such without en authority. It would be very sinent-
lar to say that, under • the supposition he had put, they
t did net mean to act as a corporate body. He would suppose
a corporation alienated fur particular purposes, and that that body
t should engage En others, not within the intention of their caarter,
but still acting as a corporate body; it would be extraordinary to say
t that they were not assuming to act as a Corporation in things
which did not cotton them. These were not new tangled doe-
• trines of his: if they looped brick to 1377, they would lint!, he
thought, a ease in Peer and which applied. This was a
t case of the Hudson flay Company, who had acted in this manner,
and the Lord Chancellor of that day distinctly laid it down that
, this was prohibited by the Act of George I. This Introduced the
necessity of considering olio acting as a corporate body was.. The
t question was, what were the acts which could constitute a corporate,
and what were the seta, the doing of which was the assumption of
t'orpmation in those not authorised. His Lordship then noticed
the clauses relatite to ilie, seising of farther sums, and also tht
, providing salarleGand allowance% the yearly meetings of the pro.
Floors, the votes and yorovkims for proxies, &c. &c. If, observed
his lordship, the Bank of gregland or the Last India Company
wanted a new charter, they might sjth great confidence consult the
provisions of the deed belengirg to this Company. Such was the con-
struction of the deed.-that it was a questioe whether the Committee
of Management could contract for the Solana& mines. They must
recollect that the Committee were empowered mediae 200,00ef.in ad-
dition to the original tallith,' ; and they must also recollect, that if
the Committee of Management were so impowered, they were also
impowered to raise as many millions. Ile did not think that Mr.
Kinder, however fond he might be of these schemes, would much
like to pledge himself to any such thing. If more money was to
be raised, it was to be by the Proprietors. and not by the Directors.
It was to be done by the sale, of new shares. His Lordship then
alluded to the means provided fee the division of the new capital.
Then there was a clause binding themselves to be liable only for
the amount of their shares, and cot at all in their private property.
This they certainly had a right, no doubt, to do ; but it was ex-
tretuely desirable that the public should know, that however bind-
ing these covenants were between the parties, yet they did not
affect thirdemrsons. There were then some very important clauses
providing for the dissolution of the Company. It would be a quote
don proper to be discussed in a Court of Equity. It was whether
these clauses would apply in all eases in which a dissolution was
sought by individuate. This Company was not to be kept together
for better for worse, as in the case of married persons to which this
partnership had been assimilated. The next clause he should call
their attention to was that which vested in the Directors the affairs
and emcer s. of the Company, and for that purpose declaring it
to be lawful for them to work anymines now in the possession, or that
should in future be possessed by the Company. After that came
the provisions respecting married ladies, &c. &c. These
clauses, were he sitting in a case of bankruptcy, his Lordship
thought he should find difficult to put in execution. Then came
the general clause providing for arbitration that had bete alluded
to ; but it was not so constructed as to shut out the jurisdiction of
this Court. With respect to the question whether it was a t'ompany
within the meaning of the 6th Geo. I. he felt, that as far AS the de.
visions went they were in point. With a view to whether the
Court would grant civil relief, the Court had to consider whether
there existed any contract in law. It became a sacred duty on the
part of a Judge in Equity to be certain, which could not be if he
were in a hurry, for be must have a due regard of what was decided
in similar cases. With respect to the case of King r. Webb, which
was a ease in common law, the question at issue could not have
been considered, because it was an indictment on the Statute. With
the greatest possible reverence to' the Learned Judge who tried that
ease, Lord Ellenboronglo, he should have been glad had his Lords
ship taken the trouble to state what it was that constituted an as.
Gumption to act as a corporation. But, as the ease stood, he (the Lord
Chancellor) did not think it applied, as it was on a distinct ques.
Haft. He thought that the law ought, for the good of the subject;
to be repleaned, and made as clear as,porMlain.
_lt was necemary.
that the question seouTd be decided, or that an Act of Parliament
should be passed declaratory of what was wring as a corporation.
' He thought that the clue of the Kiag v. Webb ought to receive a
full consideration in the next case that might arise on that subject.
The motives for passing the Statute had been alluded to ; hat it
was merely the duty of the Judge to inquire if there was attelt an
Act, mil, if there was, to carry it into effect. He certainly thought
that it was ill drawn up in one respect, and that was, that the recital
clause mentioned things in such a manner that it was difficult to
pay what was to be considered as illegal and what was not. There
might be, though it was to be hoped that no such Companies,
yet there might be in 1824 and 1825, as there were in 1720. Com-
panies or rather permits who pretended to form themselves into
such, who never meant to get incorporated, or to do more than
merely puff themselves off as a Company, with a view to drain the
money out of the public's pocket, and with an intention to get them-
selves out of the scrape before any Companies were farmed. If
there were any such, the Court hod no difficulty in saying that such
was an indictable offence.

Mr. SHADWELL said there was no such thing on the present
day.
His jonsixte continued—Having said thus much of the Act
of Parnamens, they must now look to the clauses before determintil
the meaning of it. If it ended to the grievance of the subject in
their endeavours to employ their capital, or whether they should
not thibk of the injury tt would be to the country if theve
Lions were to prevent a 31inister forming the necesrsry looms tOr
carrying on a war—if the observations he had made were just, they
would no doubt have their full erect. If it was worth nothing,
then it would have to go for nothing. Perhaps it was worthy of
being noticed that our ancestors struggled against the Crown sue
allowing any monopoly ; but not only were there now monopolising
companies respecting golden mines, but the time seemed fast ap-
proaching when we should not be permitted to Clt or to drink, or
to have clean linen, except upun the conditions 1114 some of those
Companies might think proper to lay down. (Laughter.) The
gravamen of the case was, that Mr. Kinder's conduct, aceurdiog to
the defendant's statement, had not bees correct So retaining fifty
shares in the Bolonos mine, as those tiAy shares ought to hare gene
to persons in Mexico. On the other hand 31r. K. alleged that he I
had acted perfectly fair in claiming those shares foe hit:us:if, and
upon which the whale of the dispnie in the on arose.

-.....

- -
- -

Mr. Kinder begged permission to say that be had offered
these fifty shares in Mexico.
The Loon CHAYCILLOIL said he had so stated before, but
that he (the Lord Chancellor) believed it to be the beginning
of the dispute. With respect to the legality or illegality of this
Company, the Court might be put into a situation in which it
miOt be called upon to give its opinion ; if it should be so
called upon, then a great deal more information would have to
be furnivlted than had yet been produced. For any thing the
Court knew, this might be like the Lutestring Company, or like
another Company which was formed about the year 1720, which
prevented persons from eating their radishes with bread and butter,
because they meant to extract oil from the radishes: indeed this might
be a much more foolish Company, because somebody had attempted
to contract with a Mr. Dollar, who came to this country to dispose of
certain mines which he had no more title to than be (the Lord Chan-
cellor). The Court was quite ready to say, if the Bolanos Mine had
been acquired under such circumstances as made it the subject of trust
for the Real del Monte Company, that then the Real del Monte
Company had a right to have the benefit of that subject of trust ;
but then it was necessary to look at all sides of the question. It
was quite clear that the Company working the Bolanos Mine could
call for the agents and servants of the Real del Monte Company,
and therefore that that would have to be prohibited, unless this was
an illegal body; and this was the only point upon which the opi-
nion of the Court could be called with respect to the great question
of legality or illegality. Upon looking at the circumstances stated
In the plaintiff's affidavit, there was not sufficient to authorise the
Court to say the Bolanos Mine was in trust for the Real del Monte
Company; and upon looking at the defendant's affidavit, it ap-
peared quite clear the Court could not say it was in trust for them ;
therefore, the ultimate opinion which the Court had fonned—
putting the question of legality or illegality aside—was, that
there
had not been such au adoption of the Bolanos Mine.
There had been the case of the Fire and Life Insurance Company,
which changed itself into a Company for another purpose, and it
was held that the proprietors were not bound to keep in it. No
more in this case was the Real del Monte Company obliged to un-
dertake to work the Prolamin mines, though • separate Company
might certainly be formed for that object. The Court was there-
fore of opinion that the injunction ought not to be granted, with
this reserve, that if the parties cannot arrange the matter, the
Court would have to be resorted to again, when the contract could
be producM, that all its terms and conditions might be seen, which
was absolutely necessary before a decision upon the legality or ille-
gality of the Company could be pronounced; and then his Lordship
would consider, after the observations lie had now made, (and his
Lordship trusted usefully,) whether he himself would decide that
question, or send ft to a Court of haw, being purely a legal ques-
tion. Having refused the injunction, it was not necessary to pro-
imunce any judgment upon the demurrer. The only other obser-
vation was, that the Court had granted injunctions where all the
parties were not before the Court, and no injustice had resulted
from it ; but it was in eases where the whole of the panics or their
representatives might have been prevent.
The Earl of Lauderdale wason the bench during the whole of
his Lordship's judgment.

INSOLVENT DEB RS' COURT, TUZIDAY, MAICZ 29*

Mr. Henry William Stortoo, a clerk in the General Post-office,
and an artist by profession, was opposed by Mr. POLLOCK for
Messrs. Forster and Allen. The Learned Gentleman stated, that
the only point to which lie wished to dir...a the attention of the
Court was, the fart of the insolvent having i. salary of 2601. derived
from his SRUStiOR In the Port-office. The nature of the application
ries, that a portion of such salary be set ar,trt for the liquidation
of the petitioner's debts.
The insolvent statxl that his salary had been reduced to 2001. s-
pear ; nevertheless he was agreeable to give up a portion of his in.
come to his creditors, and he had told them so already, but they did
not agree to his proposal.
The CHIEF COMMISSIONER wished to know of the Insolvent
what he was willing now to give ?
Ile replied, 401. a-year.
The Co eRT complimented the insolvent on the feeling which he
displayed toward his creditors. It did him infinite credit.
After the insolvent had entered into a rule to pay the sum
tied, he was declared entitled ti his discharge.
John Ralik, late of Freshaster,in the Isle of Wight. farmer, was
opposed by Mt. POLLOCK for Richard Williams, on the ground
of his having set up a frivolous defence to an action brought by the
opponent to recover an admitted debt.
The plaintiff's attorney produced the proceedings in the action.
which exhibited the expense to which he hail been put by the con-
duct of the insolvent. _ _ . . .

31r. l'ot.tocx submitted to the Court, that the insolvent's
was one of those cases which fell under the penal clause of the Act.
The Counr ordered the petitioner to be remanded for ten weeks
from the date of his petition, and confined within the walls of the
King's Bench prison during that period.