The Sun.
London, England, 1847-02-02 00:00:00

IMPORTANT DECISION.

GILLESPIE V. REID.

Counsel for Respondents—Charles Nesves ; agon
Francis J. Bringloe.

BANK OF MAURITIUS.

A meeting of the shareholders in the above bank was
held in the Mauritius on the 28th of October last. The
meeting was summoned by requisition for the purpose
of submitting resolutions for the immediate liquidation
of the bank, and to select the most suitable means for
effecting that liquidation. According to the statements
made to the meeting, on the 17th of August last, the
bank owed, by the admission of the directors, 144,000
dolls. immediately exigible. To meet this sum they cal-
culated upon--

Two:fifths of resident shareholders —534.000
Ditto London ditto
In the chest
Accounts current, due on the 18th 26,000

1-18,000
These resources were very doubtful, and prove how
dependent was the bank upon the recovery of current ac-
counts, composed of bills and mortgage claims. Under
such circumstances a voluntary liquidation offered great
advantages and no inconveniences. The quarterly ac-
counts of the last two years demonstrated a rapid dimi-
nution of profits, and augmentation of losses. The cur-
rent accounts figure for the sum of 340,000 dolls., the
recovery of which would be indefinitely adjourned unless
the liquidation were at once confided to men equally
prudent and firm, and independent of the high commer•
cial body who were the principal debtors; delay could
only be prejudicial to the shareholders; and the sugar
estates which there was reason to fear were at the charge
of the bank only involved the shareholders in the
risks of such speculations; they ought to be put a stop
to at once. The expenses yet amounted, on the 17th
of July, to 572 dolls. per month, irrespective of the
rent of premises valued at 25,000 dolls. ; and the pro-
posed liquidation could be accomplished at a monthly
expense of 200 dolls. Finally, experience had demon-
strated that without this liquidation the shareholders
could entertain no hope of knowing really and truly
the state of their affairs, and of escaping future dangers.
It further appeared, that the cash accounts had
dwindled down from 50 accounts, amounting to 204,800
dolls. on the 17th January, to 14, amounting to 21,900
dolls., on the 17th July. In two years the directors had
only diminished their account current by a trivial
amount, the sums being in January, 184.5, 369,699 dolls.
against 340,196, in July, 1846. In the same period
mortgages had actually increased from 45,472 dolls. to
93,410 dolls., in round numbers. An account for 92,000
dolls. for bills returned stood in the report.
The motion was opposed, on the ground that it was
one not of a simple liquidation, but a dissolution, which
required the sanction of the London shareholders. It
was, however, contended that the charter simply au-
thorised the London shareholders to appoint agents to
represent them. Whether it did so or not, a meeting
legally convened was fully competent to decide upon
every question brought before it.

Finally the motion against the vote for liquidation
was carried.—Muuritius paper.

THE NEW PLANET CHRISTENED.—The Bureau
des Longitudes of Paris has agreed with the principal astro-
nomers of Europe, such as Encke, Gausz, Herschel, and
Struve, in giving the name of Neptune to the new planet
discovered by M. Le Verrier. The sign of this planet in
celestial maps is to be a trident. —Calif/nee/.
ENROLMENT Or THE DOCKYARD ARTIFICERS.—In
furtherance of the arrangements ordered '33, the Admiralty
circular for this purpose, Commander Robert Jenner, re-
cently promoted, is appointed to superintend the drilling of
the battalion in the ship -gun exercise. The number of vo-
lunteers from this dockyard amounts to 2,000. The enrol-
ment into different companies and battalions will take place
immediately, The drill is to commence on the Ist of April.
—Hampshire Telegraph.
FALL OF A GRANARY AT PORT-DUNDAS.--Yester-
day (Friday), at twelve o'clock, a large granary at Port-
Dundas, belonging to the heirs of the late bliss sidd, sud-
denly gave way; the south wall, fronting Clyde-street,
falling ourtowarda the street, and the beams, joisting, and
flooring, precipitated to the ground. At the time the build-
ing fell, it contained about nine thousand bolls of the finest
English wheat, a considerable portion of which will be de-
stroyed. Considerable danger was apprehended to the ad-
joining properties, but workmen were speedily set to take
down such parts of the building as was dangerous. Fortu-
nately there was no life lost, although two of the store-
keepers were in the upper floor when the building gave way ;
but they eslaped by the staircase, without suffering any
injury.—Scotch ReArmers' Gazette.
MADAME SCHROEDER DEvRIENT.—This lady, who
for some time has been residing quite secluded in the small
town of Rochlitz; in the Saxon Swiss, and had almost been
forgotten, en the 10th ult. made her re-appearance on the
Dresden stage, is her favourite character of Romeo, in Bel-
lini's opera of Romeo and Juliet, with immense success. The
management has re-engaged her for several years, to the
great satisfaction of the public. Although she may not be
so great a singer as in those days when she was wont to
carry the audience away by astonishment and enthusiasm,
she is still the Schroeder, the Siddons of the German stage.—
_

Musical World.
EMBEZZLEMENT OF DIAMONDS.—MF. Forrester,
the distinguished member of the London detective force, has
been in our neighbourhood (Dover) this week, on the out-
look for a party who has absconded with diamonds of the
value of 3,3001. in his possession. We learn that the indivi-
dual who has absconded with the diamonds landed at Folke-
stone, about a week ago, from a vessel, (of which he was
the commander) belonging to Greenock, bound from Monte
Video to London, having the precious articles in his posses-
Sion; that ho came to Dover on Monday night last, slept at
we Rope Inn, Pier, and started on Tuesday morning, per
ran. no onebeen knew where. The most vigilant search had
made to discover the fugitive ; but he bas, as yet,
eluded detection
boxes, they tons; The diamonds were contained in two
I part of the cargo of the vessel, and were
regularly entered,
g..___oo:th the amount of
bill of ladin their value on the
IMPORTANT DRcistae.
sitti
Wednesday, at the
tii- in this town, in the case of S.
IN BANKRUPTCY. On
Peaks, an insolvent, mr,g co
judgment upon the novel rntnissioner Burge delivered
argued by the town-clerk Point which had
and Mr been ably
buying and selling of railway sh . Reynolds, whether the
such a trading as to bring the ease of and scrip
constituted
bankruptcy law. The decision was, thaat defaulter under the
And selling were so carried ou, and to such an such buying
cause the party to be publicly known as an extent, as to
shares or scrip—(he made no difference tettaler it' suchn„
and the other)—such buying and selling of shareseen
the --e
a broker did not constitute such a trading as tobring
party under the operation of the bankruptcy laws. Anngdthes
dtcided that the transactions of Peake were of that limited
nature.—Hull Advertiser.
- REMOVAL OF THE SCOTTISH HOSPITAL FROM
CRANE-COURT.—At a Court of Governors last Thursday, a
ProPo3iticer frqnb.-titio Woods and Forests to purchase the
ppiniises fornitheScottish Hospital are favourably enter-
tilned,-andit was all, but positively agreed upon to accept
their terms. The Nyovds vad forests require the premises
At a record office. ,

(From the Glasgow Saturday Post.)
A case of considerable importance to the interests of
the colliers and miners of Scotland came on before the
High Court of Justiciary on sa. urday last. A collier
named Walter Blith had been hired to work
2 pit of Messrs. aterry and Cunningham, in the No.
at Carnbroe.
4
In a complaint against him foundedn the Act, Geo.
servant. It was
IV., cap. 34, relative to masteerde
eand a verbal agreement,
alleged ho had been so hired u
and entered the service in October,
of January, 1846, however,cßtolybbr, 1845. On the 29th
along with the other
colliers in the pit, entered into a new agreement in
writing with Messrs. Merry and Cunningham, in the
„
following terms : Carnbroe Iron-Works, 99 th of
January, 1846. Stoop and Room. Messrs. Merry
Cunningham. Gentlemen, We, the under-
signed, ned, do hereb) agree to work your splint coal (stoop
sangd room) in your No. 3 pit, and to become subject to
the rules and regulations of your works, and agree to
work every lawful day that the engine is going (if in
health), and put out in each fortnight not less ti:an
thirty carts of clean riddled coals, weighing thirteen
cwt. per cart. The rate to be paid for such thirty carts
shall be one shilling and tenpence sterling per cart, and
one penny per cart additional for each cart above
thirty per fortnight ; but should there be less than
the said thirty carts, the price to be paid for such
fortnight's output at the rate of one shilling and nine-
pence sterling per cart. (Signed) inter alias Walter
Blyth."—Blyth wrought under this agreement from
January to September 1846, when be was summa-
rily apprehended, and taken before Messrs. Kidd and
Davidson, coalmasters, Airdrie, as justices of the peace
for the county of Lanark, for an alleged breach of
the verbal agreement of October, 1845. The subse-
quent written agreement of January, 1846, was not
founded on iu the complaint, but was concealed until it
was brought out in the evidence of the manager, Mr.
Reid. The justices, notwithstanding, disregarded this
agreement, and convicted Blyth of a breach of the verbal
agreement of October, 1845, and sentenced him to 40
days' imprisonment in the prison of Airdrie. A Bill of
suspension and liberation having been presented, came
on for discussion this day before the High Court of Jus-
ticiary (a full bench), when their Lordships suspended
the conviction simpliciter, and found Blyth entitled to
expenses.

Immediately after disposing of the above case, their
Lordships proceeded to hear another case.

Arising out of precisely similar circumstances, the sus-
pender being another collier in the Carnbroe Works,
and the respondent the principal manager of the works.
After hearing Messrs. Inglis and Neaves, counsel for
the parties, their Lordships thought there were certain
alleged irregularities on the part of the Justices which
required to be inquired into before deciding the case,
and they accordingly continued it for that purpose.
Thereupon, and with the view of expressing his disap-
probation of justices (themselves
coal-masters) eethig as
judges in such complaints, the
Lord Justice General said—My Lord, I would rather
suspend saying anything till we bad this case brought
back again. My Lords, the remit to a magistrate must
be attended with very peculiar circumstances indeed in
many cases. We had to express our disapprobation in
the Court of Session of the conduct of justices of the
peace in regard to persons exactly in the situation of
these colliers at these coal works. The one master takes
up and decide 4 the case of his neighbour, being the
party the one day, and his neighbour takes up and
judges his another day. Now, that is a matter that re-
quires very grave and serious consideration, for if there
is any interest, or any illegal interference, the law will
not sanction his judging between them. lam clearly
of opinion that it is a matter that requires legis-
lative attention. It is importaut to observe that a jus-
tice or an agent cannot act as a justice so long as he is
practising, but it appears from these cases that the one
master does lend himself to try the petitions and com-
plaints of the other master against his workmen, men
who stop work without notice to their employers.
Lord Cockburn remarked that all those cases were
competent before the Sheriff.
_ _

Counsel for Suspenders—John Inglis ; agents, Messrs.
S. and P. S. Beveridge, S.S.C.; Robert Watt, writer,
Airdrie.

PETITIONS ON PRIVATE BILLS.

HOUSE OF CONINIONS.

(Room 22, before Mr. Examiner SMITH and Mr. A istani
Examiner FRIs:RE.)
UNOPPOSED LIST.

The.customary formal proofs were completed in the fol-
lowing cases :
South Union Insurance Compan7.
Midland Railway Extension via Bedford to Hitchin, and to
Northampton, Huntingdon, and enlargement of the
Leicester Station.
Midland Railway (Leicester and Swannington Railway,
widening Deviations, and Branches enlargement of
Leicester Station, and extending powers as to Ibstock
Branch.)
Heywood Improvement.
Leicester Waterworks.
Wolverhampton Rates.
South-Eastern Railway, widening of the Greenwich Railway,
and arrangement and enlargement of the London-bridge
Station.
South-Eastern Railway, London-bridge Station, arrange-
ment and enlargement.

OPPOSED LIST.

SOUTH-YORKSHIRE, AND DONCASTER AND

GOOLE RAILWAY.

This adjourned opposed case was then resumed. The pe-
tition was strongly opposed by the Midlands, the Sheffield,
Barnsley, Doncaster and Goole Companies, several land-
holders, and one or two corporate bodies. The case
occupied nearly the whole of the day, but only two allega-
tions were sustained, and these were of no very great im-
portance. The allegations went to impugn the accuracy of
the sections; but the engineer of the line explained that, in
point of fact, the defects arose from the phrinking of the
paper upon which the plans and sections had been prepared.
The case was adjourned.
(Room 23, before. Mr Examiner MAY and Mr. Assistant-
Examiner GUNNELL.)

II NOPPOSIID LIST.
In the following unopposed cases the customary formal
proofs were completed :
Paisley, Barrhead, and Hurlet (from Paisley to Barrhead,
with Branches to Laigh Parks and Townlaead ; frsm Barr-
head to Kirkton Field Bleaching Works, with a Branch to
Gateside Mills; from West Toll-bar of Paisley to Haugh
Engine Coal Pit; with Branches to New Nitshill Alum and
Copperas Works, and Househill Wood ; and from Branch to
Nitshill Alum and Copperas Works, to Victoria Coal Pit and
Slates).
Liverpool, Crosby, and Southport Railway and Branch.
Midland (from the Erewash Valley to the Nottingham and
Mansfield, with branches to Mansfield, and also to the Al-
freton Iron Works, and Alteration and Purchase of the Mans-
field and Plinxton).
Leeds Waterworks Act Amendment (construction of fur-
ther works).
Clarence and Leeds and Thirsk Amalgamation.
Thames Conservancy.
London ( City) Small Debts.

Bridge House Estates Debt.
London (City) Improvements.

OPPOSED LIST.

Exeter, 'Venvil, and Dorchester and Branches
from Exeter to Yeovil, with Branches or Extensions to the
Bristol and Exeter, Sidmouth, Chard, Ilminster, Bridport
Harbour, Bourdenbridge, Charmouth, and the Wilts, Somer-
set, and Weymouth at Yeovil, with power to amalgamate
with the London and South-Western Company, or to enable
such company to subscribe towards, or to purchase, or to
take a lease of the undertaking).
This opposed case was next gone into. It was memoria-
lised against by several landholders, but the opposition was
not persevered in, and the customary formal proofs were
allowed to be completed.
Cornwall and Devon Central and Plymouth Railway (Lines
from Exeter by Okehampton to Truro and Plymouth, and
Branches to St. Austell to the West Cornwall Railway,
St. Columb, Padstow to the Taw Vale Railway and Cr..
diton, and at Plymouth, with powers for the London and
South-Western Railway to make or purchase the line, or
subscribe towards the same, and provisions for authorising
arrangements with several of the Companies.)
In this case also the customary formal proofs were put in.
The opposition was adjourned till to-morrow.