Star.
London, England, 1825-02-09 00:00:00

ae51,485,656
51,956,800

LAW REPORT".

COURT OF CHANCERY, FEBRUARY 8.
JOINT STOCK COMPANIES.
ETRE V. EVERETT, WALKER, AND CO.
Mr.HEALD and Mr. HART were heard at some length
on the part of the defendants, and putting -out of view
all arguments resulting from the Act 6th Geo. I. con-
tended, that the plaintiff was bound as surety for the
payment of 2,2001. as much as any other surety on a'
common bond, placed in circumstances of a similar na-
ture. No equity whatever had been raised, whatever
might be the effect of the legal question.
The SOLICITOR-GENERAL, in reply, maintained, that
the equity on the bill was clear and indisputable, and
that the plaintiff could not be called upon to pay, as
surety in a transaction, which, in fact, was all moon-
shine. This point had not been tried at law.
The LORD CHANCELLOR said there were two ways of
looking at this question, as far as related to the mo-
tion for injunction—first, as to what had been done
at law ; and secondly, what might have been dqne
at law. A discovery might have been called for by the,
plaint ff to aid the trial at law, to shew what monies
had been paid. The plaintiff might have tried at law
what he had declined to try, for two pleas had been
pleaded at law which were never touched upon. He
felt as mud) as any man the hardship of the plaintiff's
cage, but it was his duty to look at these various

circumstances.
The SoucITOR-GENERAL apprehended that if the re.
integra were before the Court, his Lordship would have
no difficulty in allowing the Injunction. Why, then,
should the plaintiff be refused his remedy, because there
happened to have been a ha;ty and imperfect decision
pronounced in a Court of Law ?
The Loan CHANCELLOR, at the conclusion of the ar-
guments observed, that with respect to the Act 6 Geo.l.
this Court had as complete a jurisdiction to decide upon
matter of fact as a Court of Law, but at the same'
time it would be extremely cautious how it decided
contrary to the opinion of a emit of Law. If it should
be made to appear by the record that the transaction
in which the pat ties were engaged was illegal, it would
be difficult to say that a Court of Equity could over-
look the cit cumstance altogether, and could entertain a
jurisdiction. If the plaintiff, therefore, founded his ar-
guments upon the fact, that the Company in which he
was engaged, and with which he had intermixed him-
self, was illegal, the questiota was, whether a Corot of
Equity would lend its assistance to any parties.so cir-
cumstanced ? His Lordship then proceeded : I beg
it to be understood that I ant not now expressing any
opinion as to the legality or illegality 4.f the Company
now before the Court, and much less do I say that it
might not have a most laudable object in view ; hut I
do mean to say, that let its,object be as laudable. as you
please, that Company cannot act contrary to the provi-
sions of the 18th section of the Act 6 Geo. I. and the
nature of that object will never justify any Court of
Jus:ice in saying, that because its objects are so lauda-
ble, it may proceed in direct contradiction to the pro.
visions of the Act. lf that Act declares that such Corpo-
rate Bodies must have the sanction of an Act of Parlia-
ment, or the authority of a Charter from the Crown, no
Court of Justice can say that it can act as a corporate
body until it has obtained such sanction. Although
thete mty be many cases of provosed under takings
which may be of high benefit and advitittage to the
Public, yet, if you do not apply the law to them as
well as to others pregnant with mischief, or (to use the
words of the Act) intolerable grievances, you let loose
upon the Public, and upon ignorant people, projects
which can be of no use to them, and may be productive
of most incalculable mischief. We must, therefore, le-
gislate generally upon the subject, and whether the
Legislature in its wisdom may deem fit to make any
further provisions, no Court of Justice canrefuse to act
upon the law as it now stands." His Lordship concluded
by saying, that this case was one, under the peculiar
circumstances, of much pressure and importance, and
called upon him, imperiously, for a speedy judgment.
He would, therefore, take home the answer and read
it, and by to-morrow, or Thursday at the latest, he
would be prepared with his decision.
ADMIRALTY SESSIONS, OLD BAILEY, FEB.B.

Hugh Hastings and Alexander Mahony were charged
with having, on the 27th of February last, being then
matiners on board the Havannah PAcket, piratically
and feloniously conspired to carry off the said vessel.
The charge was varied in three other different counts.
It appeared from the evidence of the first and se-
cond mate, and one of the mariners of the Havannah
Packet, that the prisoners and the greater part of the
rest of the crew, being dissatisfied with their allowance
on the voyage to the Havannah, became very unruly,
disregarded the authority of the Captain, talked of
bringing up the guns (two 18-pounders) from the hold,
and turning the vessel into a privateer, first throwing
the officers overboard. Much of this, however, seemed
to be the mere ebullition of discontent and intoxication,
without any determination to put their threats into exe-
cution. The Captain and the Mates seized the two pri.
soners, the most prominent of the rioters, and chained
them to the deck, until they reached the Havannah,
where they were delivered over to a Spanish guard-ship,
and afterwards conveyed to England. The others ab-
sconded on reaching the Havannah.
Alr. BRODILICK, on behalf of the prisoners, took an objection to
the indictment, which the Court reserved for the opinion of the
Judges.
The Jury found the prisoners Guilty on two of the counts.
Lord STOWELL respited the judgment Wail the point raised by
Mr. Brodrick be decided.
INSOLVENT DEBTORS' COURT, FEBRUARY a.
Thomas Davison, formerly a shopkeeper at Barking,
in Essex, was opposed by several creditors. It appeared
that the insolvent was arrested in July, and about the
middle of the same month he gave Mrs. Robins, his
aunt, a warrant of attorney for 1001. the amount of a
debt. On the first day of Term he went to prison, and
shortly after his property was sold by his aunt, to meet
the amount of the bond. Notwithstanding his insol-
vency in July, he contracted large debts with his op-
posing creditors, and finding he was unable to carry on
his business, he offered them Bs. in the pound, to be paid
by instalments, which was refused.
The CHIEF COMMISSIONER said, the insolvent • had
been guilty of an undue preference, in giving a war-
rant of attorney to his aunt. He had increased his of-
fence by contracting debts without having any means
of paying them ; and it was quite clear that he had but
little prospect of paying Bs. in the pound.
The insolvent was then sentenced to twelve months'
imprisonment.

One day last week, as a labourer was digging op an
old post at Northiam, he discovered in a hole near the
bottom of the post, snugly lid np, more thais fifty full
grown frogs.

~.,~.

_ _ _

PUBLIC MARRTEGg Ai b
ST. ANDREW'S CHURCH, PLYMOUTH.
Last week was married, at St. Andrew's Church, C.
Holloway, of the• Royal Engineers, son of Major-General Sit
Charles Holloway, of Stoke Cottage, to Amelia, youngest daughter
of the hate Captain Rlphinstone, of Belisle. The friends of the
parties assembled at Ikilair and Stoke, and after breakfast the pro:-
cession, of fourteen carriages, united at Devonport. An elegant
chariot and four, containing the bride and two of her bridemaids,
took the lead, followed by Sir Charles Holloway's coach. and four,
in which were the bridegroom. • The footmen, post•boys, and
horses, were decorated with white favours : fine carpeting Was
spread from the carriage steps to the communion table, over which
the party walked. The bride was richly attired, in a full.dress of
white satin and plumes. After the ceremony the procession again
drove off through Stonehouse and Devonport, and the happy pair
Bowed in their chariot and four. In the evening, after dinner,
tier set off for Exeter.
e interest etched on this occasion was of the most extraordi-
nary description. As early as eight o'clock in the morning, the
church was occupied by a multitude, of which a great part was
composed of females; but we have to regret that the sacredness of
the place was little regarded. At ten, being the hour of Divine
Service, which is performed in this church twice every day in the
week throughout the year, the same was rendered impracticable by
the turbulence of the populace. Cries of " Murder I order ! help !
help!" whistling, and even swearing ! were heard in a house de-
voted to the worship of Gon, and the unruly mob was not restrained
by any respect for the Minister, or for the holy *ord, which was
attempted to be read. Indeed, it was a scene of the most harroning
nature to those who reverence the sanctuariea• of our religion.—
There could not be less than three thousand persons present; the
pulpit, reading-desk, and even the edges of the pannets of the setts,
were tenanted; persons sere actually mounted on each other's
shoulders, and the streets and houses outside were crowded with
the multitude of spectators. At half-past eleven the procession
reached the church. The tumult was now increased, the press for
a view was intense, and the crowd, notwithstanding the great exer-
tions to prevent it, took forcible possession of the inner rails of the
communion table, which are much injured, and noddy violated,
with their clamour and contention, that most sacred portion of the,
church. In the midst of all this tumult, the marriage ceremony
was performed, and the multitude shortly after dispersed.
Skererne Journal.

_ '