The Sun.
London, England, 1865-05-16 00:00:00

THE SUN, LONDON, TUESDAY EVEAING, MAY 16, 186 a,

LAW INTELLIGENCE—(This Day).

EXCHEQUER CHAMBER.
(Sittings in Error.)

G. 093LiLLEY IRWIN V. BIR O. GREY-PETITION OF RIGHT.

In this case the plaintiff sought to reverse the decision
come to in the Court of Common Pleas with respect to his
claim to a petition of right.
A preliminary objection was taken to the opening of the
case by the counsel for the other side, which was deemed
by the Court to be fatal, and the case was struck out.

LORD MAYOR'S COURT.
(Before the Common Seeant and a Jury.)

MESSENGERS' CHARGES IN THE COURT OF BANKRUPTCY-

IMPORTANT QUESTION-STUBBS V. HORN.

This was an action to recover £23 4s. Bd, messengers'
charges in the Court of Bankruptcy, Mr. Henry James
appearing for the plaintiff, and Mr. A. L. Smith for the
defendant.

145 k i

Mr. Henry James, in opening the case, stated that the
issue in this action would probably centre itself into a
point of law for the Court, inasmuch as the whole question
was the legal liability of the defendant, who was the peti-
tioning creditor in a bankruptcy matter, to pay certain fees
to the plaintiff, one of the messengers of the Court of
Bankruptcy.
Plaintiff said that he received some directions from Mr
Plews (Lawrence, Plews, and Boyer) to send down to
Chiswick to take possession of the property of one partner
in a firm which had been become bankrupt. There was a
bill of sale on the goods in the house and had been for
some time.

1211 I
E 9 4
106
404 11
122 I
981 k

137 ei 7
1331

Cross-examined—l am appointed by the Commissioner
in the Cimrt of Bankruptcy. There is no such thing in
this case as a final order of discharge so far as I am con-
cerned.

1091
681

Mr. Smith admitted that the plaintiff must be nonsuited,
inasmuch as there could be no such thing as the liability
of a trade assignee to a messenger of the Court of
Bankruptcy in the absence of an express contract. The
learned counsel rested his defeAce'upon the case of Ham-
ber and Hall, 20 Law Journal, Common Pleas, page 157.
The trade assignee was not to pay the officer of the Court
of Bankruptcy, who should rather be paid by the court
itself. -

Mr. James, in reply, referred to the case of "Stubbs v.
Twyning," kind reminded the Court that in that case it was
decided that the trade assignee was liable for fees when
there had been any direct interference with the messenger.
In this case it was clear that the attorneys to the petition.
ing creditor had instructed the plaintiff to interfere, and
thus made the defendant liable.

85i Ii

His lordship said he should like to see the case quoted
by Mr. James, and, perhaps, while the case was being sought
for, the jury might be asked as to the fact of there being
any interference on the part of the defendant.
Mr. James was of opinion that it was purely a question of
law. A

48 71

His lordship then said it would be better to take a ver-
dict for plaintiff subject to the opinion of the court.
Mr. Smith applied for permission to move the court in
the event of an adverse verdict.

104

Hie lordship replied that whichever way the decision
went the parties would be entitled to move either this
court or the court above.

A verdict was then passed for the plaintiff subject to the
jUdgment of his lOrdship, to be delivered on a future day.

I(2i
1(311
101

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
IMPORTANT DECISION.-MOSES T. SOLOMON.

This was an action to recover £lO for goods, and Mr.
B. J. Abbott, for the plaintiff, handed in a paper which had
been signed by defendant. This document sot forth an
agreement on the part of the defendant to pay the money
upon a certain day.
His Honour, upon looking at the document, decided that
the plaintiff was out of court, and pronounced the paper
1.41 n promissory note.

Mr. Abbott pointed out that it bore a stamp.
His Honour said that it did, but reminded Mr. Abbott
that it had a sixpenny agreement stamp, and should have
been a promissory note stamp.

Mr. Abbott—But the stamp for a promissory note is only
one penny, and this is sixpence.

His Honour—The stamp it now bears is an agreement
stamp, and does not apply, and it is so much the better for
the revenue that you have put a superior stamp upon it.
The document is, as I have before said, a promissory note,
and as it is improperly stamped, plaintiff must be nonsuited.

and she fell and became insensible. She also saw the pri-
soner strike a man with the knife.

Mr. Paget remanded the prisoner for a week, and said if
it was necessary he would take the deposition of the
wounded patient in the hospital.
A GERMAN FEUD.—THE KNIFE AGAlN.—Wilhelm A.
Batram, aged 42, a walking-stick make; was charged with
cutting and wounding Elizabeth Jost, at No. 2, &Icicle-
street, Whitechapel.

The parties are Germans, and were drunk and quarrel-
ling last night. The prisoner was using very bad language,
and after some provoking answers from the prosecutrix,
he took a knife from his pocket and cut her across the
mouth. She was taken to the London Hospital.
A certificate from Mr. Weller, house surgeon in the
London Hospital, was handed to the magistrate by Kelly,
130 H. It stated that the woman was a patient, with in-
juries on her face, and could not be removed.

The prisoner said he was assaulted by Mr. and Mrs,
Jost after ho used the knife.

Mr. Paget said that was very likely. He remanded the
prisoner for a week.

Naval and Military Intelligence.

Major-Gen. E. C. Warde, C,8., commanding at
Woolwich, yesterday, attended by Capt. Williams,
aide-de-camp, Brigade-Major Hay, and Captain
Nangle, deputy-assistant quartermaster-general,
completed his half-yearly visitation of the district
under his command, by inspecting the local divi-
sion of Royal Marine Light Infantry on Wool-
wich-common. The whole available strength off
duty mustered about 650, in command of Col. G.
Byng Payne, the commandant. The General, hav-
ing inspected the line, informed the commandant
that he was well pleased with the soldierly appear-
ance, and as their annual inspection was announced
to take place to-day he should dispense with any ma-
noeuvres. The men would simply march past and
be dismissed. General Warde and Staff then pro-
ceeded to the Royal Artillery parade, where Nos. 1
and 2 batteries of the sth Brigade, Garrison Artillery
(arrived at headquarters recently, in command of
Major Simpson and Capt. Wilson), were drawn up
in review order. The General went through a mi-
nute and careful inspection of the men, in which his
progress was repeatedly arrested by their slovenly
and careless appearance. He expressed much dis-
satisfaction, and alluded to the happy contrast pre-
sented by other portions of the Royal Artillery,
which he told them they should seek to imitate.

A public announcement was yesterday made
throughout the garrison at Woolwich that the
Queen's birthday will be kept on the 24th inst. by
a feu de joie, and the closing the public establish-
ments of the Royal Arsenal, dockyard, &c. The
whole of the troops will likewise be granted a holi-
day as far as garrison duties will permit.

First-Lieut. E. H. White, of the Portsmouth di-
vision of Royal Marine Light Infantry, has been or-
dered to go through a course of fieldwork instruction
and field fortification at the Royal Engineer estab-
lishment, Chatham, with the corps of Royal En-
gineers.

Her Majesty's screw cordette Scout, 21, 400 horse
power, attached to the first division of the Steam
Reserve in the Medway, has been commissioned by
Capt. C. H. May (June 23, 1859) for service with
the North American squadron. The Scout since
she was last in commission has undergone a com-
plete overhaul and repair to both hull and machinery,
in addition to which she has been fitted with a poop
and also a topgallant forecastle. She has received
her guns and most of her War Department stores
from the Ordnance establishment, Chatham.

The iron screw steamship Achilles, 20, Capt. E.
W. Vansittart, which left Lisbon on Thursday, ar-
rived at Plymouth yesterday.

The iron screw steamship Black Prince, 41, Capt.
Lord Frederick H. Kerr, from Kingston on Satur-
day and Queensto .vn on Sunday, arrived at. Ply-
mouth yesterday.

The Report of the Delegates on the Suez

Canal,

(REUTER'S EXPRESS.)

The undersigned delegates of the Chambers of
Commerce to the Canal of Suez, after having exa-
mined the works already done, and taken into con-
sideration the possibility of the enterprise, report:—

" We started on the 7th instant from Alexandria
by railway for Cairo, where we remained until the
morningiof the 9th. We then proceeded by railway
to Lagazig, where we embarked at nine o'clock a.m.
in boats drawn by mules and camels on the fresh
water canal made by Mehemet Ali, and arrived the
same day at Telel-Kebir, a station of the company.
On the 10th, in the morning we continued our jour-
ney in the same manner, and at noon we entered
upon the fresh water canal made by the company.
At five o'clock p.m. we arrived at Ismailia, the cen-
tral station on the Suez Canal. The 11th we re-
mained at Ismailia to examine the works there, as
well as those of Serapium, the most elevated points
of the Isthmus. The 12th we started from Ismailia,
by the sea canal, in boats of small draught drawn
by mules and camels. We arrived at Kantara at
four o'clock p.m., having visited the important
workshops and works of El Guisr and El Terdan.
From this point, in many places and for a length
altogether of 60 kilometres (about 36 miles), the
canal is already excavated to its full width. The
portion previously traversed was only about one-
third of the width proposed. The 13th we left Kan-
tara in the same way for Port Said. Twenty kilo-
metres (12 miles) before reaching this place we
found five small steamboats which brought us to the
Mediterranean. There we examined the piers in
course of construction. The 14th we remained at
Port Said to visit the important buildings, work-
shops, and materials which the company possess in
that town. The 15th we returned by boat to
Ismailia, and the 16th, in the morning, we started
for. Suez by the fresh water canal in boats drawn by
mules and camels, arriving at Suez in the evening.
The two locks intended to connect the sea canal
with the fresh water canal, in course of construction
at Ismailia, are not yet finished, and a transshipment
here is now necessary. Our passage from the Medi-
terranean to the Red Sea was accomplished in 27
hours as follows :-11 hours from Port Said to
Ismailia, and 16 hours4thence to Suez. A telegraphic
wire extends the whole length of the canal, commu-
nicating with the wires of Cairo, Alexandria, and
Suez. During our voyage we had opportunity to
observe the excavators and other machines used for
digging the canal. All the works belonging to the
company appeared to us built and equipped in a
solid and permanent manner. In our opinion the
construction of a ship canal across the Isthmus is
only a question of time and money. We are in-
formed that the company has already made contracts
with various contractors for the completion of the
ship canal by the Ist July, 1868, without exceeding
the actual capital, including therein the indemnity
due by the Egyptian Government, under the award
of the Emperor Napoleon 111. During the whole
of our trip we received the greatest hospitality from
M. de Lesseps and the engineers of the company,
and these gentlemen answered freely all the ques-
tions which we put to them.
(Signed by the delegates.)
" Cairo, April 17."

Extensive Embezzlement.

PRESTON, Monday.