The Sun.
London, England, 1853-12-23 00:00:00

30,762 1 10
14,500 0 0
1,0981;7 9
291 Pit: 5
1,641 12 5

Securities held by Smith, Ellison, and Co
Personal and domestic expenses
Suspense account
Profit and loss

1:83,551 9 3
Of the 88 pages of the accounts, 33 are occupied. with
the list of creditors. The property consists of li ouse-
hold furniture,. office fixtures, &c., a pile-driving ma-
chine at Blackwall some house at Great Grin wby,

shares in the Grimsby Fishing Company, valued at
1,2001., and a bond for 1,000/. on the ;Manchester,
Sheffield, and Lincolnshire Railway.
Appended to the accounts is a detailed statement of
all the works in which the bankrupt had been engaged,
the principal of which appears to have been the con-
tract for the formation of the new docks at Grimsby.
We select the following items :—" South Essex
Estuary, 5,1471. In the spring of 1851, a project was
set on foot to enclose certain lands en the coast of
Essex, by a company to be formed and to be called the
South Essex Estuary Company, I undertook to make
the necessary application to Parliament for a bill
authorising such inclosure, and to pay the preliminary
engineering and law expenses thereon ; and in the event
of the bill being obtained, and the company's being
formed pursuant thereto, then that the contract for the
works should be given to me. The bill has since been
obtained, but the company has not yet been formed,
nor has anything further been done ; but I have no
doubt that the project will eventually be carried out,
and that there will be realised to this estate a sum much
greater than the present expenditure, which is for
expenses in obtaining the bill and engineering charges
5,1471." The other works were enumerated as follows :
—Spurn Lighthouse works, 700/. ; Frome, Yeovil, and
Weymouth Railway ; Inverness Bridge works,. 2,300/. ;
Southampton Waterworks, 2,348/.6; Morayshire Rail-
way, 1,0011. ; Leith Harbour works,• 4,6341. ; Anston
quarries, 18,5201. • In reference to the Grimsby Docks
the following explanation was given :
This contract for making docks at Great
fGorrimthsebysuwmaosfttle.n... . ... .... ................. ........... ,£260,719 12 2
Reverse gates...... £750 0 0
Clee drains • • 8,600 0 0
;764 9 Lengthening4reosoting arches

-------- 21,314 9 4
Work performed by W. H. Mitchell and
paid by T. Hutchings and Co 843 11 0
Amount of extra work as per scheanle 56,30. 3 3

279,218 15 9
Less, cash received on ac.
count as per certificates,
to 30th Sept. 1852 207,034 16 4
Materials purchased per
contract 30,736 13 7
Incomplete works Sept. 30,
1852, as calculated by Mr.
Cowley, engineer (less
materials on the ground
used by the company,
9,0001.)
• • - 250,456 13 11

28,762 1 10
(Subject to a claim of 10,0001. for which Messrs. Smith,
Ellison, and Co. hold security.)
" Memorandam.—ln addition- to this sum, I consider I
am entitled to a profit of 16 per cent. on the works exe-
cuted by the company ; in the above calculation the
amounts estimated to complete, being taken at schedule
prices. I consider the plant now lying at Grimsby, will
realise to this estate the sum of about 12,0001."

Mr. Lawrence asked that the bankrupt should pass ;
the balance-sheets had been duly filed, and were satis-
factory. The books had all been kept by double-entry,
and the balance-sheet was perfectly vouched.
Mr. Linklater said he represented the assignees, who
had no objection to the bankrupt passing his last exami-
nation. The books had been well kept, and there was
no difficulty at all as to the figures. There were one
or two verbal alterations which the assignees wished
to be made with reference to the claim of Messrs. Smith,
Ellison, and Co., so that neither party might be com-
promised.
His Honour asked who wanted the alteration made ?
_ _ _

Mr. Linklater said it was rather the suggestion of the
official assignee ; but, independently of that, he should
have made it on behalf of the assignees. There was a
large debt of about 30,0001. due to this estate from the
Grimsby Dock Company ; on this debt Messrs. Smith,
Ellison, and Co. claimed a lien to the extent of 14,400/.,
but the bankrupt contended that the lien, which was
created by a letter to his bankers, was only► to the ex-
tent of 10,000/. It was proposed to put a note on the
balance-sheet to that effect.

His Honour said the bankrupt was at liberty to make
any statement he pleased as to what he supposed to
be his rights; but such statement could not affect
Smith, Ellison, and Co. The assignees, however, might
reasonably desire such explanatory statement to appear,
lest the creditors shOuld be milled as to the amount of
assets.

Mr. Lawrance asked his Honour to continue the
allowance.
The Commissioner—What was the allowance ?
Mr. Lawrance-101. a week.

Mr. Linklater said the bankrupt had been most as-
siduous in assisting the assignees.
Mr. Cannan, the official assignee, said his services
would be required for some time to cume.
The Commissioner—That is a matter which must be
left with.the assignees: It is a matter of common sense,
they must judge for themselves what is a reasonable
price for his services.

Mr. Lawrance—And your Honour will sanction it, d
course ?

The Commissioner—Yes.
Mr. Lawrance then asked for the allowance of the ac-
countant's bill-250/., out of the estate.
Mr. Linklater consented, on the part of the assignees,
and the sum was ordered to be paid.
The certificate meeting was appointed for the same
day as that of -Rennet, the 21st of January.
Mr. Yetts, on behalf of the directors of the Frome,
Yeovil, and Weymouth Railway, tendered a proof for
1,0001. in respect of expenses incurred, at the bankrupt's
request, in obtaining the act and forming the company.
The Great Western Railway Company had expended
700,0001. on the line, when the Frome and Yeovil Com-
pany agreed to take it oft' their hands and lease the line.
Mr. Hutchings agreed with this company to complete
the line for 500,0001., and to lease it on terms so as to pAy
4 per cent, to the shareholders. A contract was entered
into, in January, 1852, by which Mr. Hutchings under-
took, in the event of the scheme proving abortive, to
pay 1,0001. towards the expenses. The act had been
obtained, but the line was never brought into operation ;
consequently the present claim was made.
Mr. Linklater was willing to concede the right of
proof on condition of all other claims being abandoned.
The Commissioner—How has the company proved
abortive ?

Mr. Yetts stated that the requisite capital had not
been subscribed, and the Great Western Company had
again taken possession of the line. The -Yeovil Com-
pany had expended as much as 4,0001. in the prelimi-
nary expenses, and therefore sought to prove against
Hutching's estate for the 1,0001. which he had contracted
to pay.

His Honour said it might appear that the contractor
had already paid as much as he had contracted to do.
The real question was, what were preliminary expenses ?
Mr. Yetts—Our case is, that he has paid no expenses
within the meaning of the contract.
His Honour said it was entirely a question of account
and of details.

Mr. Linklater said if the directors had paid 3,0001. or
4,0001., he would show that they had received 45,000/.2
so that they were not at all out of pocket.
Mr. Yetts—The whole amount received has been
1,7791. for deposits.
The Commissioner—Have they returned any of this to
the shareholders?

Mr. Yetts—They are desirous to do so.
The Commissioner—But are they not bound to do it?
Mr. Linklater—Not at all. I will show that the par-
liamentary contract in this case was a mere delusion, as
regarded the amount of capital. Some of the gentlemen
now claiming this money from us did not pay a farthing
on their shares. Of the 1,7701. in the hands of the pro-
moters, 6251. was paid by Messrs. Hutchings and Co. in
respect of a portion of the shares. For that amount
Messrs. Hutchings are entitled to credit towards the
preliminary expenses. Besides, lam prepared to show
that the company did not prove abortive ; the act was
obtained, and they were regularly formed.
His honour said the question was so complicated that
he could not now deal with it.
Mr. Yetts said the act applied for was one to carry out
powers already in existence ; consequently, the regular
amount of subscription was not required. The act pro-
vided that three-fifths of the capital should be subscribed
before the works were proceeded with, and this was not
done because the shareholders had not confidence in Mr.
Hutchings,
His Honour said he would not go into that question.
Mr. Yetts said the re
been
ueletnwsausbtshe aritbsehda rfoe sr? to
ce
oammpoaunnyt
I suppose all the bankrupt paid
(I)3feTahrin,elOecOaool/)m.oonrntliils,,y,seih.oanveiln._g
towards the preliminary expenses was the deposit on his
shares.
Mr. Lawrance said there had been-considerable further
payments.

After a conversation,
His Honour said he thought there was evidence that
the directors had paid about 4,000/. of preliminary ex_
penses ; and it would be for Mr. Hutchings to show that
he had paid 1,0001. of this, or what he had paid. The
matter ought to be put in the form of a declaration and
a plea, in order that he might arrive at a correct. conclu-
sion upon it. Where persons engaged in a project that
must involve a heavy expenditure, they were notjusti-
fied in incurring expenses, and charging them on the few
who had subscribed. Be the merits of the case what
they would, they had not been presented to him so as to
induce him to admit the proof.

SOCIAL CUSTOMS, TRADE USAGES, AND DRINK. A
meeting of the National Temperance Society (the fourth
of a monthly series) was held in the Whittington Club,
on Monday, the 19th inst., to promote the separation of
intoxicating liquours from the usages of workshops and
the customs of social life. John Dunlop, Esq., founder
of Scottish Temperance Societies in 1829, and author of
"The Philosophy of the Artificial and Compulsory
Drinking Usages,' presided on the occasion, and ex-
pressed his satisfaction with the amendments which
had been introduced since his researches and labours
in reference to this subject first began. He charac-
terised the despotism of drinkiug usages in trades
in emphatic terms ; and lamented that so many of
them (the majority, however, not so compulsory as
formerly) still remained. The Rev. Dr Burns related
several affecting instances of moral and criminal
ruin which, to his own knowledge, had resulted from
these social and business-customs, and dwelt strongly
on the importance of separating these especially
from all religious festivities and celebrations. Mr.
James Balfour confirmed all that had been said,
a cl both
es bas
dtoi the injury inflicted on the working
ssydrinking usages, and the improvements which
had arisen since the agitation of the question several
fears ago. He drew particular notice to the evils '
at-
tending the custom of holding benefit clubs at public-
houses. The secretary of the National Temperance
Society referred to some illustrations of progress and
enlightened sentiment on the subject under discussion.
The meeting separated at ten o'clock.

THE SUN, LONDO

POLICE INTELLIGENCE.

M A.NSION-HOUSE.—Two young men, named WMte
and Lutterell, soldiers of the Grenadier Guards, were
charged with. violently assaulting Constable 539 City
police while on duty.
About eight o'clock last night the prisoners were at a
coffee-shop door on Tower-hill ; both were rather
drunk,, and they forced the shop door. They both used
the most revolting language to the police and females
passing. They then took off their belts, and struck
everybody present ; the picket was sent for, but they
were taken into custody before its arrival.

Other witnesses confirmed this testimony, and the
Lord Mayor having thanked one of them for his assist-
ance to the police, ordered Mr. Goodman to pay him 10s.
out of the poor box:
The prisoners were sentenced to a fine of 51. each, or
one month. The wounded policeman was ordered 11. as
recompense for his injuries.
The Lord Mayor requested the press would acknow-
ledge his receipt of 201. from W. J. and H. T. for the
poor box.

BOW-STREET.--Catherine Sullivan was charged
with committing a fraud upon a number of pawn-
brokers.

It appeared that the prisoner, doubtless in confede-
racy with others, bad succeeded in pledging a number of
wedding-rings at various pawnbrokers, which turned out
to be composed of a heavy white metal, elctro-plated with
gold. The execution was so perfect as to escape the
usual tests, and their weight was nearly the same as
ordinary wedding-rings. She generally obtained about
Bs. upon them, their full worth being a shilling.
Mr. Clark, the pawnbroker, of Long-acre, and Mr.
Collins, of Drury-lane, both produced rings of the above
description, which the prisoner- had pledged at their
shops ; and it was stated by the police that a number
of additional cases could be proved if the prisoner was
remanded for a week. •

Mr. Hall consented to this application, and the pri.
Boner was accordingly remanded for further examination,

MARYLEBONE.—Dania Budd, proprietor and
driver of a cab, was charged with the following scandal-
ous misconduct, while in a state of drunkenness, to-
wards a lady named Hargrave, residing at 17, South-
bank, St. John's-wood. _

Complainant deposed that on the previous night she
was at a party in Upper Berkeley-street, and at half-past
twelve a servant was sent for a cab to convey her home.
Defendant came to the house, in front of which he re-
mained till a quarter past one ; and complainant then
desired to be driven to her residence. The defendant
went in a wrong direction, and as he refused to listen to
her remonstrances, she begged him to let her out of the
cab. He then alighted from his box, and abused her in
the grossest language imaginable. He afterwards re-
sumed his seat, telling her that he should drive her to
the station-house, and there charge her with being
drunk. She was naturally much alarmed, and called
out loudly for the police.
Cookman, 155 D, hearing the complainant call out for
assistance, desired defendant to stop, but he refused to
do so, and whipped his horse. Witness pursued him,
and having ultimately stopped him, took him into cus-
tody. _ _ _

The defendant, in answer to the charge, admitted that
he had partaken too freely of drink, for which he was
sorry. The lady abused him, and he then abused her.
Mr. Long remarked that it was the worst case of mis-
conduct on the part of a cabman which kad come under
his notice, and he should inflict a severe punishment.
He then sentenced the defendant to two months' hard
labour in the House of Correction.

The defendant's wife, who had an infant in her arms,
applied for a mitigation of the sentence, but Mr. Long
told her that he could not alter his decision, the case
being one of a most flagrant description.

SOUTHWARK.—AbraItam Lilley, coal-dealer, of No.
14, Garden-row, London-road, was summoned by Samue
Hall, an 'officer of the Royal Society for the Prevention
of Cruelty to Animals, for cruelly treating and torturing
a horse.

The officer stated that on Thursday morning, the Bth
inst., he was.-on• duty in the Southwark Bridge•road,
when he saw the prisoner with a cart heavily laden with
coals, and dragged with one horse. The animal was in
such a weak and deplorable state that it could not pro-
ceed any furtherralthough the defendant did all he could
to get it along. Witness went up to the horse, and on
removing the collar he discovered a large open wound,
which appeared of long standing. The cart had three or
four tons weight in it, and more than a strong, healthy
horse could have conveniently dragged along, but the de-
fendant's horse was not only poor, but the sores were of
such a description that it must have been greatly tor-
tured.

The defendant said ho did not know the sore was so
bad. He promised not to use the horse again until it
was quite well.

Combe said it was a very bad case, and great
credit was due to the officer of the Royal Society for
bringing it before him. He should fine the defendant
20s. and costs. The defendant paid the money.
The driver of a cab, badge No. 1,161 was summoned
by Mr. Stephen Corbett, a gentleman residing at Hox-
ton, for having neglected to deliver to him a ticket.
The complainant stated that he arrived by the
Brighton Railway from Croydon on the evening of the
14th inst., with two friends, and jumped into defendant's
cab on the rank inside the terminus at London-bridge.
He then requested him to drive them to the Lyceum
Theatre, in the Strand, but defendant stopped nearly
two minutes. Witness called out to him to go on, when
one of the railway servants came to the cab door, and
asked witness where he wanted to go to. He replied to
the Lyceum Theatre. The same man then demanded
2s. as the fare. He paid it to him, thinking, however,
that it was very strange that the fare should be required
beforehand. The railway officer said it was all right,
and then defendant drove him away. Just as the vehicle
got over Waterloo-bridge he stopped the cab and got
out, and the defendant neglected to give him a ticket.
What he had also to complain of was that the defendant
had overcharged him sixpence, as the distance was under
two miles, consequently the fare could only be is. 6d.
On his applying for the summons he was told that he
could not proceed against the defendant for the over-
charge as he had not taken the fare, but he considered
the conduct of the railway authorities so extraordinary
in their mode of attending to the public cabs that he
brought the present charge before the magistrate.
An officer, who said he was in the enWloy of the rail-
way company to attend to the cabs it the Brighton
Railway terminus, London-bridge, here stepped forward
and said that all the cabs that were 'allowed to ply for
hire in the terminus were the property of the railway
company, and the defendant was one of their servants.
The regulations laid down by the company were to pay
-the drivers a weekly salary, and all fares were paid to
witness or one of their officers so appointed. He
received the two shillings before the cab started, as the
distance was over two miles, and another sixpence
for the third passenger. He produced a book of fares
issued by the company, but spch not being under the
authority of the Commissioners of Police, Mr. A'Beckett
said he could put no reliance in it.
Mr. A'Beckett told the officer that the railway com-
pany assumed more authority than they were entitled to.
If they became cab proprietors they must comply with
the law. It was a most singular and arbitrary probeed-
ing on the part of a railway company to control public
cabs by not only receiving and demanding fares before.
hand, but by putting the public to a great deal of incon-
venience. There could be no doubt that the complainant
had been overcharged, but where was his remedy for
that offence ? The Act of Parliament said the proprietor
or driver of a hackney carriage, but in this case it• was
difficult to find that out, as the defendant did not take
the money, but it was received by a servant of the rail-
way company. He therefore expressed his regret that he
had no power to entertain the overcharge in that respect,
but as regarded the non-production of the ticket, he
should fine him 20s. and costs. There was no doubt a
clear case of overcharge, but the defendant got out of
that by his not receiving the money.
The defendant contended that the fare was right, but
as for the ticket, he believed he gave one to the gentle-
man, as he always did that to fares, The railway com-
pany gave all, the drivers positive orders not to neglect
that. He was not allowed to take money, although the
fare was correct as to distance, &c.
Mr. A'Beckett—Do you mean to say that the money
is always taken before you start ?
Defendant—Yes ; on all occasions by one of the
officers appointed, who also sees to the tickets being de-
livered.

Mr. A'Beckett—That system is very arbitrary and un-
justifiable on behalf•of a railway company, There was
no hold on any one except the cabman for extortion, but
in this case a servant of the railway receives the money,
and so creeps out of it. He hoped this conduct would
go forth to the public. He should inflict the penalty of
20s. and costs on the defendant for not giving a tick6t,
and he was sorry he could not entertain the overcharge.
The cabman paid the penalty, and left the court.

lifeAaßti3B.
enjoyment
uKssADEilln."—theAbbods-oelm-Koafdheirs
family,
sa
and
dry retired
f the education of his children. His
part of the night principaloccupies
himself with a'
ninii t
is most part of the day and through a
phßeorroosduo,snssian pleases
whoord e r
compose
hoi mar, i
vs
eo
his
studyii and poetry, for which he has
purchasing
carefully avoids any noise, and
much as a place of residence that
employment
a farm in the neighbour-
haedhecaisdeddecidened4orint
nnmero u
numerous
to
suite.himself
He and n
isd thed is•
gusted with grandeur, and now prefers to live retired and
tranquil, and to enjoy on his new estateuet theof pleasures of
character, and he allows
alwaysa coun t r
iny
keeping
i ef ee
pai nn
gdlsvti ut
with
y.
his
noble
ec ond the Emir is
no opportunity to escape of loudly proclaiming the gene-
rosity and greatness of mind of the Emperor of the
French, and in his devotions he never fails to pray for
the preservation of the life of him who restored him to
liberty and repose. The Emir is expecting to receive
from Damascus two magnificent horses of the famous
Arab breed called Nedjdi, which are intended for the
Emperor Napoleon, to whom they have been already
offered, and accepted by his Majesty.—Journal de Con-
stantinople.
[ADVERTISEMENT.]—A LIEUTENANT OP DRAGOONS
CURED OF RHEUMATISM BY HOLLOWAY'S OINTMENT
AND PILLS.—This officer, who is in the Dutch army,
states that Holloway's Pills and Ointment have cured
him of rheumatism, which appeared to bo incurable, as
neither sea-bathing, vapour-baths, nor preparations vaunted
as sure remedies, did him any good, and the treatment of
the doctor, after several months' trial, was without suc-
cess. At this juncture ho commenced taking these Pills
and rubbing the Ointment into the complaining parts.
twice a day, which effectually cured him in the course of
six weeks. The truth of this statement can be vouched for
by Mr. J. B. Stratman, of Bois-le-Duc.---Sold by all drug- i'
gists ; and at Professor Hollowav'fi establishment, 244,
Strand, London.