The Sun.
London, England, 1855-06-25 00:00:00

ELECTION OF CHAMBERLAIN.

Sir J. KEY was then re-elected Chamberlain, for which
the hon. gentleman returned thanks.

ELECTION OF BRIDGE MASTERS.

The two gentlemen elected to fill the office of bridge
masters for the year ensuing were Mr. Charles James
and Mr. C. J. Rose.

The election of ale conners and auditors having been
gone through,
The LORD MAYOR left the hall, and the proceedings
terminated.

MEETING OF TUE LONDON AND NORTH
'WESTERN RAILWAY COMPANY.
(THIS DAY.)

This morning a special general meeting of the pro-
prietors of this railway, was held at the Euston-square
Station, Mr. Benson, deputy-chairman of the board,
presiding, for the purpose of considering and
approving the provisions of a bill now pend-
ing in Parliament, for making a railway from
the London and North-Western Railway at Dun-
stable, in the county of Bedford, to the Great
Northern Railway at or near Welwyn, in the county
of Hertford, to be called the Luton, Dunstable, and
Welwyn Junction Railway, &c.
The CHAIRMAN, after apologising for the absence of
the chairman of the company, said they were called
together under one of the standing orders of the House
of Lords to consider the provisions of a bill promoted
by an independent company to make a railway from
Dunstable to Welwyn. In passing through the House
of Commons the promoters of the bill inserted a
clause enabling them to make arrangements with the
London and North-Western, the Great Northern,
and the Hertford and Welwyn Junction Railway
Compar.y, or either of them, for working the line for a
period of ten years. The question of providing capital
was not involved, and the meeting being one of form
only, he proposed a resolution approving of the above
bill, which, after being seconded by the Hon. Mr. Pierre-
point, was carried unanimously.
The meeting then separated.

LA TV INTELLIGIINCE.-(THIS DAY.)

COURT OF CHANCERY.

TOMSOR V. JUDGE-JUDGMENT.

His Honour gave judgment this morning in this case
at considerable length. The only two questions for the
decision of the Court at the present moment, the others
having been decided on the hearing, were first, whether
a conveyance of the testator on the cause of two closes
of land to the defendant could stand, and whether
under the provisions of his will a gold watch found in
the testator's library after his decease became the pro-
perty of the defendant. The plaintiff in the case is the re-
siduary legatee of agentleman of the name of Chamberlain,
who was a farmer of some opulence, and the proprietor
of land in Oxfordshire. The defendant was a solicitor,
carrying on his profession at Banbury, and was at the
time of Mr. Chamberlain's death his solicitor and confi-
dential friend and adviser. The testator by his will pp.
pointed the defendant as one of his executors and trustees.
After the testator's death the defendant produced a Seed
executed by the testator, by which he gave, in conside-
ration, it was stated, of 1001., two closes of land near
Banbury, and upon that deed the defendant claimed
the land. The bill, which was filed for the administra-
tion of the testator's estate, sought also to eet aside the
conveyance of the land to the defendant, on the ground
that it was against the policy and rules of a Court of
Equity for a client to make any gift to his solicitor, or
for a solicitor to purchase any property from his client,
unless he showed full consideration. The bill also
asserted that the gift of the watch did not come within
the provisions of the will. In answer to this the de-
fendant stated that his father had been the farm bailiff
of the testator and his most intimate friend, and that
the testator had promised the defendant when he com-
menced business at Banbury to further him in life, and
give him all his legal business. In 1845 the testator
made a will, by which he gave the defendant 5,0001. ;
but subsequently ho altered that •will, proposing to give
him in lieu of the 5,0001. the ,two closes of land
absolutely, and that according to the testator's direc-
tion, instead of inserting the gift of the land in
the will the deed of conveyance was drawn up and exe-
cuted by the testator giving the defendant the land ab-
solutely. 'With respect to.the gold watch, found in the
library of the testator after his death, the defendant
asserted that he was entitled to it on the ground that
by the provision of the will he was left everything that
was in the library and the green-room at the time of the
testator's death. His Honour went at considerable
length into the authorities upon the, subject of a
solicitor either purchasing property from his client or
receiving it as a gift. With respect to the first', accord-
ing to the authority of Lord Thurlow, Lord Erskine,
Lord Eldon, and the present Lord Justice Turner, there
was no rule of the Court which might not be modified
against a solicitor purchasing his client's interest in pro-
perty ; but the Court viewed with great jealousy such
transactions, and called upon the solicitor to show that
the course pursued' had been bonagde, and that due con-
sideration had been given. With respect, however, to
the absolute gift by a client to a solicitor While acting
as such, which was the present case, the rule of the
Court according to all the authorities was absolute, that
that transaction could not stand. The result, therefore,
ought to be the setting aside of the deed of gift, but as
the present was only an administrative suit tha Court
could only declare that the defendant was a trustee for the
plaintiff of the closes of land in question. As to the
gold watch, looking at all the circumstances of the case,
the Court dad not consider it passed under the words of
the will. With respect to the costs, the defendant must
Fay them as far as they had been incurred in resisting
the claim of the plaintiff. Both closes of land a
the other costs must be reserved.

BANRUPTCY
vans.
COURT.
(Before Mr. Commissioner E)
THE CASE OF STRAHAIsT, PAUL, AND CO,
To-day was appointed for choice of assignees under
the estate of these bankrupts, who had carried on busi-
ness as bankers in the Strand, and in Norfolk-street,
Strand, as navy agents.
The case excited the greatest interest not only on ac-
count of the magnitude of the failures, but the serious
charge which has been preferred against the bankrupts.
The Court was crowded to excess by Creditors attend-
ing to prove, although others, to the amount of several
thousand pounds, had been sworn to their debts at their
respective residences, and had given powers of attorney.
The Court was occupied upwards of an hour in re-
ceiving the proofs, and a seelnd court wal oner,e,l for
the purpose of ta,kiti7 unaisputed
The Bankrupts were present and supported—Messrs.
Strahan and. Paul by Mr. Ballantine, and Mr. Bates by
parry Lawrance, Mr. Linklater, Mr, Chidley,

and Mr. Cooper appeared on behalf of creditors to pro-
pose lists of assignees.
The list having been gone through—
Mr. Law ranee made a rough statement of the state of
the affairs as far as they could be ascertained at the
time, in which it was stated that the firm of Halford and
Co. was in itself solvent, and that there would probably
be a surplus of 20,0001. to be carried to the general
estate. There woul3 also be a surplus of 5,0001. from
the private estate of Mr. Strahan.
Mr. Cooper said he appeared on behalf of several of the
nobility and gentry, who are creditors under this estate ,
and as the case was one of no ordinary character,
and demanded serious inquiry, he would submit that
the choice of assignees should take place. A great
number of the creditors had proved their debts at
a private room, and perhaps they were labouring under
the impression that they would not have an oppor-
tunity of attending here and voting for tie choice
of assignees. He also urged that the choice ought
to . be adjourned for inquiry, as it might appear
that some of the parties who had proved were
so interested by holding securities that they
would not be entitled to vote in the choice of
assignees. He said that no possible inconvenience
or loss could arise by the adjournment, as until the
choice took place the creditors would be represented by
the official assignee.
Mr. Lawrance said he did not see what necessity there
was for him to reply to such a vague statement.
His Honour said he did not see any reason for an ad-
j our nment.
• Mr. Parrpthen said that he appeared for Mr. Banks'
who was anxious to afford every possible explanation e 5
to what had become of the securities, whatever they
tight have been, and all the bankrupts were ready with
statements and anxious to be examined if thought necea-

nary.
but
His Honour said the accounts could be handed in,
he should not examine the bankrupts on them 311,3 r
creditor might ask any question he thought
but no questions were asked.
The proof of debts was then continued. 600/.;
The ro ugh statement of debts and liabilities is 6go ' 0/ ;
good debts, 100,000 ; surplus, Halford and Co.,
bad debts, 27(3,0001., but there may be a large ourPltis on
securities.