The Express.
London, England, 1868-03-25 00:00:00

ECOND EDITION.

y INTELLIGENCE.-(THIS DAY.)

ROLLS CHAMBERS.
LORD 11110170BAIII V. CLO VIII.
is case cams before Mr. Church, the Chief Clerk of
Bolk, on an important application as to the deposit of
correspondeoce of the noble and learned lord into
; pending the ease. It will be recollected that Dr.
was engaged to select and arrange numerous
.rs and documents relating to the memoirs of Lord
bum, and claimed asum for his literary labours which
ißrougham would not pay, and hence the institution
m suit. The defendant had recently mule an affidavit
w documents in his possession or under his control,
Annexed a lengthened schedule, and the object of the
pea lord was by this present application to have
documents deposited in the Re
Court aloe before
bearing of the cause, and the defendant objected to
sit the same.
r.Jsmes (Williams and James) appeared on the part of
[Brougham ; Mr. Hume (Home and Bird) attended on
part of the defendant, Dr. CIIIIVin.
ie summoos on the present occasion, which had been
u out on behalf of Lord Brougham, was that, not-
-boding the objection made by the affidavit of the
'dant, tiled on the 18th inst., to produce the deco-
rs set forth in the schedule, he may be ordered to
um and leave the same with the clerk of the records
writs within three days.
ie summons was opposed and discussed by the solicitors
it ease. On the part of the noble and learned lord it
asked that the documents should be deposited pond-
he case ; Lad on the part of Dr. Canvin it was resisted,
m ground ths• he had a lien for his service on the
rs, and they could be detained until the hearing of
moo.
se Chief Clerk (Mr. Church) declined to make the
ras prayed, and adjourned the summons into court
owe on with the motions for decree.
le application will be heard before Lord Romilly in
t after the Easter vacation.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Winslow.)
RE euro, Barre, AND CRAIIPTON.—THE LOIDON,
CHATHAM, AND DOVER COMPANY% CLAIM.
be inquiry was this day resumed, by adjournment from
11th inst., into the large claim of 6,660,0001. preferred
he London, Chatham, and Dover Railway Company
lust the estate of the bankrupts, the well-knewn rail-
; contractors, of Great George-street, Westminster.
court has already devoted two days to this
.stiiation, during which Sir Morton Peto was examined
rent length, and detailed minutely the steps which he
taken for the purpose of " placing " the company's
Rs. and it was annuls& that his examination should be
untied at this sitting.
Ir. Maynard appeared as before for the assignee ; Mr.
Gate,-for the London, Chatham, sal Dover Railway
igraey ; Mr. Chidley and Mr.. Munns for crediton ;
Mr. Lawrence for the bankrupts.
Ir. Chidley first brought forward the claim of Mesons
not and Fielding for 30,000/. an undertaking to admit
al bad been given by Mr. Bishop, the manager, at the
sitting. Proof admitted accordingly.
van then proposed that the rifting for examination
discharge, which also stood for to-day, should be
calmed until the claim of the railway company was
[mused of.
Ir. Linklater expressed the opinion that whether the
as of the oompany was eatabhahed or not there would
be a shilling in the pound for the creditors on
tint estate of the three bankrupts. To meet ones-
rd debts and liabilities of between 200,0001. and
there were only good debts of about
•sd. lie asked that the sitting for the examination and
should be adjourned for three week' ; meantime,
y proposed to examine Sir M. Peto further, which
ill extend over two or three days, also to examine Mr.
as, Mr. Christian (an officer of the company), Mr.
!Merry one or two of the directors, and Mr. Holroyd,
• se,;rtary of the company.
It. Manus also urged the adjournment of the examine:

Hr. Laws:lce contended that as all the questions
wren the company and the bankrupts were in course
investigation before the Court of Chancery, the last
oninKtion and discharge of the bankrupts ought not
.lelayed on account of the inquiry pending here. He
v.l that ii. day should he fixed within a reasonable time
that purpose.
Maynanl thought it unreasonable that the bank-
.ti Kikuchi be kept before the court till the claim was
posed of.
be Honour said he was not sufficiently in possession of
• facts to see how they might affect the consideration of
• bankrupt's conduct, and would adjourn the sitting for
.n.iostion and discharge till the 27th of May.
4r. 3laynard asked for a Kitting for dividend in the
a:.• of Pero and Bette, in which there was upwards of
1.0 all. divisible.

ILA
Honour said be had made inquiry of the manager
to the amount of assets on the whole of the estates,
w.t. informed that it would be about 300,00U1.
Ni. Itl.tyuard observed that the greater portion of the
taties bad been incurred by the bankrupts in their
.1, to assist the London, Chatham, and Dover
Company.
gr. Linklater questioned this statement, and said that
the dividmi sitting in the estate of Pete and Betts
s Appointed, he should have something to say against

~li.isionof the fund. -
ihe dividend sitting was fixed for some day in April.
NI, Link Liter then resumed his examination of Sir S. Y.
:o,lt.irt., M.P. He said in explanation of a statement at a
.1.. r sitting, that the praspeotus of the C shares of the
tropolitan Extension ine was submitted to the share-
. evs by the secretary and not by him. The mi-
t-book of August, 1562, did not state that be
.1 ,obmitted the prospectus, nor was there any minute
his attenthince at that meeting. He found that the
-p,:tus bud been prepared by Messrs. Freshfield and
; for there was an item in their bill charging
it. They did so after conferring with himi
He conferred with Mr. Newman on the
iject. Messrs. Freshfleld and Newman were not his
tutors, except in the seam that he employed no one
; and they had denied having acted en his solicitors.
Mt. Linklater wished to put in evidence a letter of the
th of August, 1g62, addressed by Messrs. Frohlield and
,winan to Mr. Holroyd, but
It. Lawrence objected to its admission, and it wee not
_ .

tAsuumation continued—He was not told by Mr. Rol-
v.! that Mr. Newman bad sketched • pro-
:tug, or that he was in • hurry to firm-
• it, or that Mr. Coleman or Mr. Holroyd was so.
newer heard from Mr. Newman that he had settled the
,pectus for the C shares with the statement that the
1.,•y would ho sufficient for the formation of the line.
prospectus was circulated along with another docu-
nt• (The document was here read.) It estimated that
net earnings on the line would be 158.0001.
annum, which would give a dividend of
r cent on the C shares. He saw Mr.
..lao, who went through the prospectus, and
proved it. The paper just reed was prepared by Mr.
•eman and Mr. Forbes. It WY not mewed by his own
r.kers, Knight, Coleman, and Co. He was preparing to
the C shares from the company at 751. per loot. share;
4 the prospectus was issued to enable his brokers to die-
of them at 873. 10s. The additional cauppittal of
1.0,000/. was required to open the line to Blackiriare.
WAS not enough ; when the prospectus was issued he
old not toll whether it was or not. He had
t the data to determine. Could not say by
w much it was insufficient. Mr. Newman was not
isfied with the amount at which he proposed to take
e charm, 75/., and pressed for more ; but he (Sir
,doe) said, if the company would take the shares off
heeds, and .lo without his services, he should be
osedingly obliged to them. He could not advise his
ie to incur any greater responsibility. Mr. Newman
,ew that he was offering the shares at 87i. He refused
give more than 75, as the company had failed to get
at amount fur other preference shares. Mr. New-
in never pressed him to withdraw the offer of the
ares at 871, saying it was most disgraceful to the
rumm ; nor did Mr. Holroyd. If they bad done so
should d have resented it. It was a fact that he took
e A shares at To per cent. discount. His only communi-
tion with the directors in reference to the C

res ;as— in July 1862, when he told them
terms, 25' per cent. discount, on which he would
.e the shares. During the preparation of the prospectus
~rranged the terms with Mr. Newman. The directors
.1 his ultimatum in July ; and if they could do better.
er were at liberty to do so. Mr. Newman said he would
rt have the prospectus issued until he knew that the
..rd was in full accord as to the terms on which the
ares were to be issued. In a letter of 12th August,
Mr. Newman stated that he would not allow the
area to be issued till the matter was brought before the
lectors. Had never heard of that letter before. Had
. Newman addressed him in such language, be should
,e had nothing more to do with the shares. Mr. New-
.n described the course pursued as haying as little to do
t?, fair and right dealing as it had with prudence and
1,4c0n sense. He (Sir Morton) did not agree with him.
via' Mr. Newman about the 13th of August, 1862, and
• y hail a consultation as to the difficulty of raising
111.. Mr. Newman said nothing of the contents of his
ler of the previous day. He pressed for the shares to
taken at a higher Scare than 75, but he (Sir Morton)
[died that the company bad felled to get that price for
e 'nail, good preference stock. He believed be did not
board meeting on the 15th August, and submit
" Prospectus to the directors, nor did he did he tell
ca of Mr. Newman's objections. The prospectus was
rats' immediately after by Knight, Coleman, and 00.,
°kers of the company, who were acting for him
paid by him. He never heard that the dorm.
nst accompanying the prospectus was brought be-
te the board. He made the maws arraasement
the brokers for the issue of the C shares and
Lectures as on former shares. He was to pay 10 per
En. on the 1,050,0001. and on 350,0001. debenture&
together be paid them 86,7501. is cosh, and 20,0001. in
Pet. There was so ageweesst in writing. The 20,000/.
opeid in C stock. He paid no one else athing for
Itoi rid of those C shares ; be gave no consideration to