The Sun.
London, England, 1860-07-27 00:00:00

THE SUN, LONDON. FRIDAY EvENINO, JULY 27, 11866.

BRITISH POSSESSIONS.

LAW INTBLLIGENVE.-(THIS DAY).

COURT OF CHANCERY.
(Before Vice •Chancellor Sir William Page Wood.)

.TUDGY:VIENT.-THE LIVERPOOL BOROUGH BANK V. TURNER.

His Honour, the Vice-Chancellor, said —The question

that is raised in this case, under the Shipping Registration
Acts, is one of very great importance. The question which
is raised is, whether, under a contract for a mortgage, or an
agreement for the sale or mortgage of a ship, entered into
by the parties, was in itself such an agreement as would
justify the court to execute its powers of equity, and decree
specific performance of it. Such a case as the present has
never been decided, and no provision is made for it in the
Registry Acts. His Honour referred to the practice of the
court under the old Registry Acts, to see if any equitable
beneficial interest cases did fall under these acts, and did not
find any. The former Shipping Acts and the present Mer-
chant Shipping Acts require the complete registration of
all incumbrances on ships, and no provision is made for the
registration of agreements for the sale on mortgage of ships,
and such agreements cannot appear in the register. His
Honour cited the decisions of Lord St. Leonards, in Ran-
kine and Greene, Hutchison against Wright, 25 Brown,
and Hughes and Morris, (De G ex, Macnachten and
Gordon) before the Lords Justices and Lord Cranworth, to
show the Court did not decree specific performance of
agreements for a beneficial interest in ships not
registered. His Honour minutely examined the se-
veral ;sections of the following acts of Parliament to dis-
cover whether this agreement could be enforced :—G Geo.
IV., which enacted that all property in British ships shall
enter the register ; 3 and 4 Vict., sec. 4 and 37, and Y and
9 Vict., to the same effect. Sections 3 and 32 describes
the character of the ship, and section 18 the person en-
titled to hold the ship, and the complete registration of the
bill of sale, transference, or incumbrance on ships. Section
38 describes the person having a legal interest in the ship,
and sections 61, 62, 63, and 64, describes the proceeding ne-
cessary for the transfer and sale of the ship ; they must all
appear in the register. Section 103 was an excep-
tion, where such interest is forfeited by insol-
vency or bankruptcy. Sections 58 and 59 gives the
form of transference. His Honour, after considering all
these several sections of the Shipping Registry Acts, and
in particular the provisions of the Mercantile Shipping Act
(April, 1855), came to the conclusion that the plaintiff was
not entitled to have this agreement registered, and not en-
titled to specific performance of the agreement, and dis-
missed the plaintiff's bill with costs on this point. The
defendant will have his costs in so far as he has been sue-
cessful in this case.

POLICE INTELLIGENCE-( THIS DAI .)

BOW-STREET.

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS.—(Tnis DAY.)
The STEALER took the chair at twenty minutes after
;we've o'clock,

PRIVATE BUSINESS.

The Lords' amendments to the Wigan Water Bill and
the Monkland Railway Bill were considered and agreed to.
The following bills were read a third time and passed :
BoschettP.s Estate, Daniel Stewart's Hospital, and Galway
Harbour (No. 2).
The Caithness (No. 2) Bill was read a second time, and
several private bills were read a first time.
LANDLORD AND TENANT (IRELAND) BILL.
The house went into committee on this bill, resuming at
clause 36.

Mr. M'MAHON said that he bad a motion on the piper
for the omission of this clause, but after the opinion which
the house had already expressed in reference to this bill,
and considering the lateness of the session, he would not
press the motion.

The O'DONOGHUE was of opinion that, as there was
such a thin attendance of Irish members (only about nine
being present), they ought not to proceed with a bill of such
importance. He concluded by moving that the chairman
report progress.
The motion was withdrawn, and the clause, as amended,
was agreed to.
Clause 37, with some verbal amendments, was agreed to,
as were clauses 38 and 39.
On clause 40, _ _

Mr. M'M A HON moved an amendment to the effect that
the provisions of the clause, which enabled a tenant to give
up a tenement when destroyed by fire, should be extended
to cases where the property was destroyed accidentally by
tempest or by water.
Mr. DEASY did not oppose the amendment, further
than that he considered it unnecessary, the terms " inevit-
able accident" meeting the views of the hon. and learned
member.

The clause was then agreed to.
Clauses to 47 inclusive, with some verbal amendments,
were agreed to, and clause 48 was omitted.
Clause 49 was agreed to.
On clause 50, which provided for the continuance of tho
power of distress, some discussion took place.
Mr. DEASY appealed to the committee to allow the
clause to pass, and promised to introduce a clause to pre-
vent vexatious distress.
The clause was then agreed to.

[LIFT SITTING.]

STRANGER THAN FICTION.