The Sun.
London, England, 1852-04-21 00:00:00

IN RE THE NORTH OF ENGLAND BANKING COMPANY:

EX,PARTE NELSON.
This was en appeal from an order of the Vice-Chan-
cellor Knight Bruce, retaining the petitioner, ,as the
executor of one Strafford; on the list of. contributories
for 900 shares. • The objections to the liability were the
absence of any formal and perfect transfer of any of the
700 shares, saver 10, the non-execution of the deed of
settlement, and the want of any binding consent on the
part of the directors in any of the sales made to Studs
ford. In answer to these points, the official manager
proved waiver of, objection to informalities, and the con-
stant receipt of the dividends as long as there were any
to receive. • -
His LORDSHIP this morning, in giving judgment,
said that it was fortunate for the people of this country
that the view of this case endeavoured to be forced upon
him by the appellants was neither the law of this Court
nor. of any other Court in the kingdom. • Mr. Strafford
had undoubtedly become a member of the company in
regard to all the shares. Every one of the conditions
required by the Act of Parliament had been compiled
with in the transfer of those shares, and if there had
been a profit to receive instead of a burden to bear, the
Court would never have heard of any attempt to repu-
diate membership. In his opinion the executor of Mr.
Strafford were fully liable, and the appeal must therefore
be dismissed.

IN RE OXFORD, WORCESTER, AND CHESTER RAILWAY
COMPANY, EX PARTE SHARPE AND JAMES.
This was an appeal petition under the Winding-up
Act. The Master placed the petitioners on the list for
500 shareQ, and as the Vice Chancellor Knight Bruce
had decided a similar question in " Ea parte Morrison,"
they were, by permission of Lord Truro, allowed to
bring the question at once before this branch of the
Court. The petitioners were managing directors, and, as
such, they agreed to take, and did take, 100 shares. By
a scheme subsequently agreed on the directors appor-
tioned 8,000 shares to be divided among the members of
the board of management and the provisional committee.
Of these shares the proportion of the petitioners was
800, and the question now argued was their liability to
contribute on those 800, for they did not deny the liabi-
lity on the original 200.
His LORDSHIP, in giving judgment, said the Court
had. great reason to complain of the manner in which
this case had been brought before the Court. No fact
in it seemed to have been ascertained wish any certainty,
and the progress of the Court bad been frequently
interrupted by disputes as to the truth of some material
allegation of fact. Atter going carefully through the
case he had come to the conclusion that there was no
evidence to show that Mr. Sharpe or Mr. James were
liable for any more than the 100 shares each,
of which they bad already accepted the liability. With
regard to the additional 400 shares each in the new
scheme, there was nothing to show that they had ac-
cepted the allotment of them, and the mere tact of their
being on the managing committee could not render
them liable. In Upfit's case, which bad been relied on,
there had been an acceptance, but in this there was noel?.
and here were other circumstances which made it
Acliff:
h a
considerably from ,this.. The liability of Sharpy end
Mr: must .there'ore resuicted to 100 a beres
d
struck off the list.—Deeree accordlugly.
each, and with regard to the other shares they must

IN RE SMITH.
In this case, in which the Lord Chancellor ordered
Mr. Holland to make an affidavit explaining the part
which he had had in the transaction for which Mr.
Smith was last Friday struck off the rolls, Mr. Holland
being this morning in attendance,
The LORD CHANCELLOR said he bad read Mr. Hol-
land's affidavit, which completely absolved him from any
knowledge of the improper conduct of which Mr. Smith
had been guilty. He was perfectly satisfied on this
point; and be discharged Mr. Holland from further at-
tendance on the Court, as free from blame.
•

QUEEN'S BENCH.—(THIS DAY.)
(Sittings in Banco.)
The LORD CHIEF JUSTICE announced at the sitting of
the Court this morning that Mr. Justice Coleridge
would attend in tho full court to-morrow to bear
motions for new trials in the cases which had boon tried
before him on circuit.
The Court was occupied the whole of the morning
with the Crown paper.

poorly-dressed
POLICE 'IN'T'ELLIGENCE.
peor
MARLBOROUGH- STREET
Mary Ann Bill, aged 52, a
bmraonn9ghlitv.binegtoirae Miari.tillieardVnicikd, street,Cha rg e
outsided 1)
rPlai rt
et'. in:teneeciai'llien9iwg-auti-
jog and two basins from the
No. 36, Princes-street, Leicester squarec.f a china
shop,
James. Chilman, a lad in the employ-
about half-past nine that
china and earthenware dealer, 36, Princes-street, said,
of Thomas Grant,
hthaidn
justgs outsidetaken tbesh o, morning, as he was putting
and two basins,a gentleman told him a woman
pursuit of the
yards from the shop, something
away. Witness missed 'a jug
is. 6c1., and immediately went in
woman, and overtook her •about e
woman
The prisoner,: who was the
her
in question, deniedPh.aving anything, but on. lit t
„w:
shawl the property was discovered. The prisoner g •
up the things
. The prisoner, who di,clusneortelTan s
and ran off, but she was overtaken and
given into Custody.
emotion while at.the br
k them in an unguardea4d moment. fiedst
ina ndye.ipeanret2i7,ll
too
been in nay senses at the time.
I could not have
The
forpriscoonmermwitamsethntest.n removed rem to the. ordinary lock-
up cell
tuation. The
,prioi,,;,.
acquaint her friends wi.h her si .
The gaoler, ,Welao, inquired if he should send and
was ignorant of what had
and she had no money to
occurred; be
ihdeawhaussol;ttnetl,f7wibto}lko,
tow.
weiA
vpii,d
I,e
pay a fp,..ateng.-r to
,Spli . .
himself, -u Itig
ii,-, him• ti•-ilab th,T-J,
the chance .of the husband ',Tap ~ . ,
would provide a tioeseenger and pay him t k•
left the cell, leaving the priacw-:r quite tranqutl. Ti,,
prison van in it few minutes came to Eno ootirr., and the
gaoler went to the witgiiiiratea' clerk, Air. Bishop, for
the commitments. The tirril required for this was very
short, and there e-uld:nOt have elapsed ny.rn than fi -
, teen -minutes since- he •left the pnsurwr in the c, 11.
go going. dawn to. the cell he. remarked thAt - roun,
:the :Srating—ln-- the ; 0-0,,
,:-‘vhici-i admit rd
,:,•iiO4..t-
-'lnd 'air- a -portion—of -Cares's- cva; pi :cid; ' He 6134.-c,i
the door or the c:•il, ing •11, ar:d fit,d b t ' *
put his head in. a,.(1 on FPoiti:4 the' art 0,r11,,f10n I,
ptisontr hato!o, a h,
called out to the atsistata c.,rt,t,11- to o'roo to h:; a,-
instance. Without a moment', delay, ur waiting to force
open the door, the gaoler with his knife cut the nonst,
and the
.ptieoner, fell lifeleao on the Om of the cell.-