The Express.
London, England, 1851-03-08 00:00:00

SUMMONS AGAINST THE LONDON AND SOUTH

WESTERN RAILWAY.
Yesterday a meeting was held before his Honour
the Master in Chancery, Blunt, pursuant to a summons of
the Court of Chancery, calling on Mr. Chaplin, M.P., the
chairman; Mr. Alfred Morgan, the treasurer; and Mr.
Bircham, the solicitor of the London and South Western
Railway Company, to appear and give information respect-
ing the estate, dealings, or affairs in connexion with that
company, of Mr. Chadwick, the chairman of the Madrid
and Valencia Railway. The summons required that they
should do so more particularly with reference to Mr. Chad-
wick's dealings with the London and South Western Rail-
way Company, and as to any shares or stock in that com-
pany standing in the name of Mr. Chadwick, or in the
name of any person in trust for him, or in or to which he
has any estate, right, title, or interest, and also as to any
' securities given by him, and to produce all books, papers,
deeds, and documents in their possession in pursuance of
the act of parliament.
Mr. Selwyn appeared as counsel, and Messrs. Sharpe,
Field, and Jackson as solicitors, for Mr. Quilter, the official
manager ' • Mr. Bireham, of the firma Bircham, Dalrymple,,
and Drake, for the London and South-Western Railway
Company ; Messrs. Amori and Co. for Mr. Waley, one of
the directors; and Mr. Itose, to watch the proceedings on
behalf of Mr. Chadwick, who is understood to be in Paris.
Mr. Selwyn said the official manager had obtained
an order charging all the stock and shares of Mr.
Chadwick in the London and South Western Railway with
the sum of 2.5,0001.' which the Muster had ordered the latter
to pay over for the benefit of the shareholders.
Mr. Bireham said that they were proceeding to re-
alise Mr. Chadwick's shares, sad that if, after payment of
their own debt, there were any residue, it would not be
parted with without making a communication to the solici-
tors of the official manager.
Mr. Tibbetts said they had told Mr. Bircham that they
would be prepared, on his giving the required information,
to take the securities out of their hands.
Mr.Birehan*eptied that he had informed Mr. Quitter, the
official manager, that there was nearly7o,ooo/. due to t he South
Western Railway Company in respect of Mr. Chadwick's
stock, and Mr. Quitter said that did not affect them. They
now asked for information which the London and South West-
ern Railway Company had, perhaps, a strong interest and a
strong equity in withholding, in that they were first mort-
gagees, and could, as the learned counsel had described it,
come into court, put their deeds into the box, and sit on it.
The South-Western Company had securities of Mr. ('had-
wick covering the balance of Mr. Chadwick after the reali-
sation of his forfeited shares, and the official manager had
no right to have them.
His Honour thought that, as second mortgagees the
Madrid and Valencia had power to come in and offer to
redeem. _

Mr. Bircham said he was prepared to give a list of the
securities.

Mr. Selwyn remarked that that and the number of shares
was all they wanted.
His Honour said, seeing the spirit in which Mr. Bireham
met the matter, he thought it was due to the interest of
the South•Westcrn Company to state generally what num-
ber of shard Mr. Chadwick had in that company, but it
might be contrary to their interest to give the particulars
of their account.

Mr. Selwyn argued that they did not want more than
the gross sum now doe to the South-Western Company. It
might be done in a few words of evidence or on affidavit.
Mr. Bircham preferred doing it by interrogatories. Ile
had no wish to withhold the least information on the part
of the South-Western Company that might serve the ends
of justice, but at the same time they wanted their 70,0001.
(Laughter.) They should have all the information he was
advised or was told by counsel he was bound to give.
' Mr. Selwyn suggested that the number of shares, with
their description and amount due on them would do, and
that should there be so many acres of land at Goose-green,
Camberwell, or elsewhere, it would be as well to know it.
(Laughter.)
Mr. Bircham, after referring to some documents, said,
with regard to any particulars of securities, he should give
them under advice, but the account in connexion with
Mr. Chadwick's estate, as made up in the books of the
London and South Western Company to Feb. 10, gave a
balance in favour of the company of 60,0631. 13s. 3d. This
included interest up to Feb. 10, and gave credit on back
dividends, which were returned while the shares were in
sneer of calls. The shares on which the arrears arose had
been forfeited, and they were really in course of sale at
that moment. Several were sold, and the money produced
by the sale was not received. They were sold for the last
account. The number of shares was 4,000 of 161. 13s. 411.
each, which would be sold as consolidated stock of the
South Western Railway.
Mr. Quilter, the official manager, said, if they multiplied
the 4,000 shares by 16/. 13s. 4d., and took off the discount
on the shares in th,- market of 10 per cent., the stock now
selling at 90, it would produce about 60,0001., or within one
or two thousand pounds of the amount of debt claimed by
the London and South Western Company.
Mr. Bircham replied iu the affirmative ; and, after some
further discussion, it was agreed on the order of the Master
that Mr. Bircham should furni.h in a formal memo r, on
interrogatories, the information sought by the official ma-
nager from the London and South Western Railway.

TRAFFIC RETURNS FOR TAR PAST WEEK.