The Sun.
London, England, 1857-01-15 00:00:00

COLTR.P OF CONINION PLEAS.

(Sittings io Sine r, brfore L rd Coief Justice C3ckburn
and Ju-tices Crsaswell and Crowder.)
EX PARTE TIIE SOUTH-WESTERN RAILWAY COMPANY.
Mr. Qoain moved t3i. a rule calling upon the south
Western Rail way Company to show cause why a writ
of injunction ahotild not he issue 1 aga;nst them, in con-
sequence of what he said was a contravention of the
Railway and Canal Traffic Act. The application was
made on behalf of Mr. WM. Adolphus Marriott, the
proprietor of an omnibus that plies between the Twicken-
ham station, on the Richmond and Winder line, to
Kingston, on the London and Soot la-Western line. The
applicant stated that his omnibus E -..-nmenced running
on the 27th October last, and conveyed passengers, lug.
gage, &c., to the Kingston station, to be conveyed by
the South-Western line. The Kingston station is sur-
rounded by a wall and railing, and can be approached
only by passing through the iron gates which forme4
part of the railway. On the 15th of November the
applicant was about to approach tke said gates with
his omnibus, when the servants of the company refused
to admit the omnibus within the gates, which they shut
against him. This same course of conduct bad been pur-
sued down to the present time, and the passengers bad
to alight at the gates and carry their luggage to the sta-
tion, a distance of 75 feet. They complained much of
that inconvenience, and on one occasion they lost a train
in consequence of the delay so caused. There were om-
nibuses running from Leatherhead, and also from the
old town of Kingston, to the Kingston station, and they
were admitted within the station yard ; the only car-
nage, public or private, which was excluded being the
applicant's. His omnibus passes through the town of
Kingston, and might so far be considered a competing
omnibus with that.running to Kingston. The applicant
furnished great public accommodation to passengers tra-
velling from Twickenham, Teddington, and Hampton.
wick, be taking by his omnibus at least 50 persons a day
each way. The act of Parliament said that railway com-
panies should not give any undue or unreasonable pre-
ference to, or in favour of, any particular o,rson or com-
pany, and it was submitted that such preference had
been shown in this case.
Rule granted.
POWIS V. THE OVTICIA.L MANAGES 01 TIE 'ROYAL
BRITISH SANK.

This matter had been before Mr. Justice Willes at
chambers, but he bad referred it to the Court upon the
terms that the defendant should undertake to show cause
against the rule in the first instance.
Mr. Lush and Mr. Beasley moved the rule, and Mr.
Hugh and Mr. Meliish showed cause.

Mr. Lush said that the plaintiff was a judgment cre•
ditor of the bank for 5761. 161., and the present motion
was for leave to issue execution for that amount against
Mr. Beattie, a shareholder in the bank, and registered as
such in the last memorial filed by the bank. His case
would be that the defendant was concluded by his being
mentioned as a shareholder in the memorial, but if the
Court thought otherwise his friend would then say that
the defendant had purchased his shares in the bank upon
representations made by the directors which were false
and fraudulent, and that, as he had purchased in conse-
quence of the fraud of the directors, he was not liable
upon this application. The first question was whether
the defendant was concluded by his name being in the
la•t memorial filed. The statute 7th and Bth Viet., cap.
113, enabled the Crown to grant charters of incorpora
lion to banking companies, bat the 16th section enacted
that within three months afterwards, and before the
commencement of business, the bank should file a
memorial setting out the names and addresses of the
various members of the c .mpany. It wa- further enacted
that they sho.ald eyt ry year, between the 28th February
and the 25th March, file an annual memorial of the
members of the comp-fly, and ghoul t also from time to
time, as the occasion might require, file other memorials,
stating who had become new -members, and who had
ceased to be members of the company. The obj-ct of
this enactment was the protection of the public, ant to
enable people to know of whr.m they were to obtain
payment of debts, The 21st section was in these terms
Be it enacted, that the names of the persons who
shall appear in the then last deliver-.; memorial and their
legal repre,,entatives shall be liable to all legal pr-ceed•
ings under this a t as existing shareholders of the com-
pany, and should be entitled to he reioinursed as such
existing shareholders only out of the fund: of the com-
pany for all !wows by reason thereof."
Mt. Justice Cresswell—You do not go so far as to say
that if the official return is made, and names are inserted
of persons who never were shareholders at all, that they
would become liable ?
Mr. Lush said it was not necessary to his Ot4e to do
so.

Mr. Justice Crwswell—There has been one case of
that. kind—the Imperial Bank of Manchester a,,d the
adjoining districts. In that case the manager returned
on oath a list of persnns as sharehAders who never were
shareholders. The bank was supposed to have a capital
of a million or t whereas the only paid.op capital
was 5,000/., and with that amount they had opened
nine different branches.
Mr. Lush sail that was not similar to this case. Here
the defendant had purchased the shares and signed the
deed, and so authorised his name to be inserted in the
memorial, and be did not repudiate his liability until
after bankruptcy had taken place. The memorial had
been filed in a bona jide manner, and he, therefore, sub-
mitted that under that state of things the defendant was
liable to have execution issued against him.
The Court intimated a desire to take time for conside-
ration of the matter.
Judgment was accordingly postponed.

Letters from well informed parties at St. Petersburg
state that the great Ttussian railway project will probably
be brought forward at a very early date. According to
the representations studiously put forward in Russia,
the great house of ;Ltieglita and Co. were parties to the
contract, together with the credit Mobilier Society,
Messrs. Hope,
Baring, Ste. In the copies of the con- '
tract received in London,
however, the name of Messrs.
Stieglitz is wanting,
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