The Sun.
London, England, 1846-02-10 00:00:00

LINE.

Mr. COATES opened the cast for the petitioner Mr. Joseph
Keys, against the subscription contract. He bad to explain
to the Committee the nature of the allegation which he was
of opinion would net fail td, upset the case for the promoters.
Ile contract deed was net an invalid deed, inasmuch as the
trustee, Mr. Garrett, was a subscriber to the capital, and
therefore he could not sue upon the covenant of the deed. In
that very room on Thursday last, a decision was come to
in the case of the Ayrshire and Galloway, upon the very
same ground. The allegation was just of the same character,
and he could not see how the Committee could come to any
other decision in the present instance. It was held in law
that no partner could sue his co• partners for any expenditure
in the outlay of their businers. In the very exact position
was the present deed. Take away Mr. Garrett altogether,
and then the case was still the same, for the other trustee,
though not a shareholder, could not sue either himself or his
partner, Mr. Garratt. The Act binds two trustees to carry
out a certain contract; one of the trustees was a shareholder
in the scheme, and the co-trustee,who was not a shareholder,
was answerable for the liabilities of his partner to the deed, and
therefore, if he were to sue Mr. Garratt, he would in reality
be cueing himself and his partner. This deed was, he would
not deny, per se, a valid deed, so far as the capital of the Corn-
pany was concerned, but as far as the protection of the public
was concerned, there was no power under the present deed
to enforce the principles of that contract, and, consequently,
the public might suffer. Having the' the decision of a Corn-
mittee on his side in an analogous case, having common
sense on his side, and having the law on his side, he trusted
that the Committee would see that the standing orders had
not been complied with on the part of the promoters.
The CHAIRMAN said he remembered one case of last ses-
sion which was similar to the point now raised. In that
case one of the trustees was himself a shareholder, but there
was this difference, that without the sum for which he was
bound there WAS- more than'amnle capital. He referred to
the Eastern Counties (Norwich Extension.)
Mr. 13unKm—In the present case he had to say that the con-
tract deed was perfectly valid. It had been held good, in
many decisions in a court of law, that where a co-trusteeship
existed, one trustee could recover from the others, under cer-
tain regaitions of the deed. Now, in the case
for the promoters of the present Bill, there was
one person who had signed the covenant who was
not a subscriber to the undertaking, and that made it quite
competent for him to sue the other trustee or the whole Com-
pany. This had been decided over and over again in courts
of law.
Mr. COATES replied, after which the room was cleared,
and having consulted the Speaker,
The CHAIRMAN said that Committee had considered the
case which had been argued at such length, but understand-
ing that exceptions had been taken to the decision of last
week by the agents who were interested for the cases
which had been alluded to by Mr. Coates, they
were anxious to take the opinion of the Chairman
of the Sub-Committees who would meet on Thurs-
day and consider the question raised. The Committee were
quite prepared to give their own opinion on the allegation,
but it would be no doubt more prudent to wait a consultation
of the Chairman, after which they would immediately decide
the point at issue.
IMPORTANT TO PARLIAMENTARY AGENTS.

The CRAIR3fAIf said that he was instructed by the Speaker
to inform the agents for Bills, that they had neglected to
comply with the standing orders, which required
the name of the Bill to be written on every petition
for or against the same; any petition being presented without
this form being complied with, was contrary to the standing
order, which was as follows:
" That on every petition presented to this House, relating
to any private Bill before the House, the name, or short title,
by which such Bill is entered in the votes, be written at the
beginning thereof; and whether such petition be in favour
or against the Bill relating to the non-compliance with the
staning orders."
'NEWaUIt
thlre. AND BATH LINE.
promoters, and called LMrO7cODAOTE Ns
appeared for
seve-
ral witnesses to prove the several deposits of the plans, sec-
tions, and books of reference. After which
Mr. BURKE said he appeared on the part of Colonel.
Wroughton, of the parish of Wilton, in the county of So-
merset, and other landowners. The petition alleged that
the owners of property, though marked on the plans and
sections, was not shown in the books of reference.

The Clerk of the Peace for the county of Somerset was then
called.

Mr. COATES objected to the petition being proceeded with
on the part of the owuers in the petition, unless it could be
shown that they were parties actually to be affected by the
proposed line.
The room was then cleared, and upon the parties being
called in,
The CHAIRMAN said that the Committee would not enter-
tain any petition against the omission of property in the
books of reference, unless it could be shown that the petition
was presented by the consent of the parties to be affected
by the non-compliance with the standing orders.
Mr. BURKE would call Col. Wroughton. The witness
merely pointed out his property on the plan.
The Clerk of the Peace for the county of Somerset was
then called to produce the book of reference which had
been deposited with him. Upon referring to the book, it
turned out that the property was fully described.

Mr. BunrE said dish he would, of course, abandon that
allegation, as well as several others which were diaposed of
by the decision of the Committee.
Mrs. Susannah Shaw was then called to prove that she
had not received notice for a piece of meadow ground which
was to be taken. This allegation was sustained.
The Committee adjourned, at four o'clock, till twelve
o'clock to-morrow, when the remaining allegations in the
petition will be taken.