The Daily Times.
Liverpool, Merseyside, England, 1860-03-26 00:00:00

LAW INTELLIGENCE.

Itica,L§ c(lim.—S4TyytriAT,
(liefore Sir J:oxis;l flourz.4)
STAINTON V. THE CARRON IRON COMPANY.—.IIIDOMENT.
The plaint* are trustees and executors Of the late
Mr. Henry Btainton, the former manager of the company.
The testator, Henry Stainton, was the manager in
London of the extensive business of the Carron
Company 'for a very 'great many' years; down to
the year 1851, when he diqcl. After. -his '46cease,
a suit was institOted'iri the Sessions Court in •Seotiand
to have the accounts taken, which, however, was stayed
by this court. Ultimately -a compromise of the suit
took place, and it was supposed that all differences
between 'them and Mr. Staintoa's representatives had
been brought to a close. However, in December, last.
year, another suit was instituted by the defendants in
the Court of Session in Scotland, in reference to certain
alleged defalcations in Mr. Stainton's accounts between
the years 1808 and 1822, to the eite* of a principal
sun} of £32,092, upon} which' the defendants claimed
interest to the amount bf £74,853 14s. Bd., making
together a further elaini, of mere than £lOO,OOO. •
His Honour said the course he should propose was
to place 'all parties in the same position as if no com-
promise had taken place, and'the accounts taken from
the commencement ,of the employ inept' of ' the tes.
tater, Hentt §laintcio, 4,408; death: He
should, therefore, Make 'an order in 'the 'nature of
rt. decree; to 'the eg'ect that 'fhii 'Court is of opinion
that Ithe decree in the cause does net preclude V.ie Carron
Company froM going into the accounts of their dealings
itnd transactions With the testatoi,'Ef. Stainton, fTogi the
commencement Obis employment to the time of his death,
the plaintiff not disputing the view taken by the Court,
the garrou Company applyingto set aside and open the
compromise, the Vona declaring it not binding, the Carron
Company bringing into court the sum of £159,000
received by them to be paid in to the credit of the com-
promise fund, and all parties to concur in such acts
as were necessary to the transfer of the £59,000
in the }loyal lip* of cetland, to be plaeed to the credit
of the real estate NO. The ao;nntki'le, ne'taketi` and
prOsectlted as if no 'Rich compromise had been made, the
company to be at liberty to surcharge and "141sif5'"
the accounts and carry in items; in the meantime the
injunction to issue, restrain all proceeding in the action
iu Scotland, both parties being at liberty to appeal, but
no objection to be raised to the jurisdiction of the court
making this order on the raotion.—Order accordingly.

BOAT ACCIDENT AND Loss Or LIFE.—An accident
occurred on Friday to the Commander's galley of her
Maiestys ship Firebrand, lying at §pitllal: Bet'webn
ore and two p7M., the galley; With her sal crew,'
six ITI Anniber, and a stoker who had ohttittleCl leave
to go onshore, was despatched from the ship to the
shore. It had been blowing heavily all day from
the south-west, with a good deal of sea at times.
As soon as the boat, under a lng,sail, bad got into
the broken water, at the entrance 'of the harbour,
she buried her bow in the trough pf the. qful, end
was prevented ~rising again by the `top the sea-
having hold of her 'item, whieh tit once. Caused her
to broach and capsize. The men clung to the keel,
and the ))oat turned over again, the coxswain, Jones,
getting into her, and another man (Rogers) clinging
to the opposite gunwale. The remainder Of tlo creir
appear to bavp 444 144 •ql the 11(44, but dropped
off one by one frqm exhaustion and the heavy sea *ith
the strong ebb before aid could reach'thetn. As soon
as the accident occurred, several boats_ put off from the
shore to their assistance, but were enable to reach them
quickly,-owing to the strong breese blowing on the shore
and the heavy sea. A steam-tug came to the rescue, and
the two 'men *ere saved. The following are the names
of the men who are lost:—Peter Crofts, A. 8., Edward
Evrington, A. 8., W: Woonton, or Wilton, A. 8., and
John Rule, ; ordinary seamen, boat's crew; and John
Grant, stoker. . f . -