The Sun.
London, England, 1849-04-16 00:00:00

IRELAND.

(BY ELECTRIC TELEGRAPH.)
DISCHARGE OF MR. DUFFY.
DUBLIN, SUNDAY EVENING.—Mr. Duffy's recog-
nizances were perfected before five o'clock yester-
day evening, and shortly afterwards his prison
doors were thrown open, and the captive was set at
liberty. A dense crowd was collected in Green-
street, and on Mr. Duffy being recognised as he was
stepping into a car, in company with his wife and
some friends, a wild shout of exultation was raised by
the mob.

Mr. Duffy's securities were Grace, the bookseller,
of Capel-street, and Mr. Villan, the auctioneer, of
Henry-street.

CHANCERY.-(THIS DAY.)
This being the first day of Easter Term, the Lord
Chancellor sat in his court at Westminster at ten o'clock,
agreeably to the arrangement his Lordship has made
with the gentlemen of the Equity Bar to sit two terms
(Michaelmas and Hilary) in his court at Lincoln's Inn
and two (Easter and Trinity) at Westminster.
His Lordship heard appeals and motions.
IN THE MATTER OF THE WINDING-UP ACT.-THE

AGRICULTURAL CATTLE INSURANCE COMPANY.
This case came before his Lordship the last day of his
sitting previous to the Easter recess upon an appeal
trom the decision of the Vice-Chancellor Knight Bruce
dismissing a petition by two gentlemen named Spackman
under the Winding-up Act, praying for the
dissolution of the Cattle Insurance Company. The
short facts of the case may be thus stated:—
The company was formed in 1845, for the insurance of
horses, cows, and other animals against disease or death.
There were to be 25,000 shares, but only 13,100 were
subscribed for, and of these the petitioners, George and
Joseph Spackman, took 1,700, on which they paid the
two first calls. The petitioners stated that, in their
belief; the company was not in a condition to go on with
any advantage to the shareholders, but that on the con-
trary, if the directors persisted in their present system,
it must b-: Dome hopelessly insolvent. The company had
eff?cced insurances to the extent of more than a million
and a quarter; and on the 30th of June, 1848, it appeared
from the accounts that there was already a loss on their
transactions of 26,1151., independent of the liabilities on
the outstanding insurances. They had also borrowed
money, contrary to the express provisions of their deed,
and they had paid two dividends, at the rate of 6 per
cent., out of their capital. Under these circumstances,
the questions to be considered were, whether thecompany
came within the provisions of the Winding-up Act; and
if it did, was there a case made to justify the interference
of the Court? The petitioners maintained that the com-
pany were engaged in ba commerce, or trading, such
as the Legislature contemplated; and that, in the lan-
guage of the eighth clause of the fifth section, they
showed matters and things on which the Court ought to
pronounce an opinion that it would be equitable to dis-
solve the company, and relieve the shareholders from
that continuing liability and great ultimate loss that
must accrue if the directors were permitted to go en.
On the petition coming on before the Vice-Chancellor
Knight Bruce', on the 12th of January last, his Honour,
considering that the company was not a trading one
within the meaning of the Act, dismissed the petition
with costs, and from that decision the petitioners ap-
pealed.

The Solicitor-General, Mr. Swanston, and Mr. Col-
lins were heard previous to the Easter rocess on behalf
of the petitioners.
Mr. FITZHERBERT addressed the Court on the same
side to day.

Mr..Tatues Russell and Mr. Prior appeared in support
of the judgment of the Court below.
The case had not concluded when our afternoon edi.
tion went to press,

ROLLS' COURT.-(THIS DAY.)
The Master of the Rolls sat in his Court at West-
minster, it being the first day of Easter Term. His
Lordship heard appeal motions, but no case calling for a
special report came before the Court during the morn-
ing. His Lordship will not sit at the Privy Council du-
ring the present term.

VICE-CHANCERY.-(THIS DAY.)
The Vice-Chancellor of England tuok motions to-
day, the greater portion of which rels.tvd to points of
practice. and were totally devoid of interest.
The Vice-Chancellors Knight Bruce gad Wigram did
not sit to-day.

QUEEN'S BENCH.—(THIS DAY.)
Easter Term was opened this morning at Westminster.
Mr. Justice Patteson, Mr. Justice Coleridge, and Mr.
Erle, took their seats on the bench shortly after ten
o'clock.
ILLNESS OF LORD DENMAN AND AIR. JUSTICE
WIGHTITAN.—Mr. Justice PATTESON Said., I am sorry to
say that my Lord Chief Justice, and my brother Wight-
man, are too ill to attend for a few days.
QUEEN'S COUNSEL.—The following Learned Gentle-
men appeared on the floor of the court,, in full dress,
silk gowns, and flowing wigs. and were invited to take
their seats in the Queen's Counsel box --Mr. Sergeant
Kinglake, Mr. Lloyd, Mr. Malins, Mr.. Calvert, Mr.
Keating, Mr. Roundell Palmer, and Mir. Hope. The
first end last-named gentlemen took their seats in
accordance with patents of precedence which had been
granted to them by her Majesty.
INUNDATING A MINE.—PHILLPOTTS V. LEAVER.
This was an action to recover compensation in da-
mages for certain injuries done to the m in.e of the plain-
tiffs by the wilful direction of a stream of water into it
by the defendants. The plaintiffs and the defendants
are the lessees of contiguous mines belonging to Lord
Ward, in the vicinity of Dudley. The one was called
Holly Hill Colliery, and the othor Park Head
Colliery. The plaintiffs' mine being on the lower level
and the mine of the defendants, containing a quantity of
water a large hole was bored into the ni.:tne of the plain-
tiffs, two and a half by four feet in widtlt, through which
a vast mass of water was discharged, Ai id the plaintiff's
property was injured to the extent of 3,0001. The de-
fendants had agreed that they should so manage the
water that it should not inundate the mine of the
plaintiffs ; indeed the cut would at all times
naturally carry off all the water that accumu-
lated in the mine of the defendantt, into that of
the plaintiffs. The case was tried eat Worcester,
and the plaintiffs were nonsuited by the direction of the
Learned Judge, on the ground that the mule, as shown
by the evidence, differed from that set ~.forth iu the
declaration.

Mr. Sergeant TALFOURD, this mornin:g, obtained a
rule to show cause why the nonsuit shot dd not bo set
aside, and a new trial had, on various grounds.
Mr. Justice PATTESON expressed it as h is; opinion that
the injury sustained by the plaintiffs was wilful.
Rule granted.

EXCHEQUER.—(THIS DAY.)
This being the first day of Easter Term, the Learned
Judges, Lord Chief Baron Pollock, Mr., Baron Parke,
and Mr. Baron Rolfe, took their seats nip ,on the bench
shortly after test o'clock. Mr. Baron A l derson sits at
Chambers, and Mr. Baron Platt is engaged at the Central
Criminal Court.
The first case proceeded with was that of Wills v.
Sutherland, which involved no matter of Ist iblic interest,
the only question being as to whether, and er the Act of
Incorporation of the Neptune Marine Ina- urance Com-
pany,he an aetion could be brought in the name of
secretary, as public officer.
The business of the Court was interrupt ed for a brief
period by the entrance of seven barrister
in t k s lately ap-
pointed Queen's Counsel, " lend silkarned
appeared in their big gowns, and who
were severally called by the
a Lord Chief 38 aron to take
their seats within the bar.

COMMON PLEAS.—(THI 'S DAY.)
(Sittings in Banco, before Lord Chief Justice Wilde,
and Justices Coltman, Cresswell and Williams.)'
This being the first day of Easter Tel 1)4 their Lord-
ships entered the court at half-past ten Ce lock.