The Sun.
London, England, 1849-03-06 00:00:00

ROLLS' COURT.-(THIS DAY.)

_
PADWICH V. PLATE.
The arguments in this case, the facts of which are of
no interest except to the parties concerned, occupied his
Lordship the Master of the Rolls the whole day.

VICE-CHANCERY.---(THIS DAY.)
(Before the VICE-CHANCELLOR Of ENSLAND.)
DOBSON V. POWELL.
The arguments in this parj)heard case were resumed,
and occupied the whole morning.
(Before the Vice-Chancellor KNIGHT BRUCE.)
C3NSTABLE V. 7 HREsHIRE.
The arguments in this case, which involved a question
of conveyencirg, occupied his Honour the whole day.
(Before the Vice-Chancellor WIGRAM.)
The Court after disposing of the ease of Culsha v.
Cheese, which stood on the paper for judgment on a point
of practice, proceed, d to hear the further arguments in
the part heard case of
BAGSHAW V. THE EASTERN UNION RAILWAY COMPANY.
The case came before the Court yesterday, upon a
demurrer put in by the de!endants to the plaiatifre bill.

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Ra:lks ay Comp any, 0: which the defen+tnts were the
directors, was empowered to carry a line from Manning-
tree to Harwich, and for that purpose to raise a sum of
200,000/. in addition to the capital of the company. That
by atiother Act 'passed in the same session of Parliament
the company was authorised to purchase another railway
called the " Eastern Union and Hadleigh Junction Rail-
way," and for that object to make a further addition of
100,000/. to their capital. The bill then stated that at a
meeting of shareholders of the company, held on the
21st August, 1847, it hid been resolved unanimously
that for the purpose of constructing the branch line
from Manningtiee to Harwich, and for purchasing the
Hadleigh Railway und, r the two Acts obtai-:ed in the
then last session of Parliament, the directors should 13,
empowered to raise the respective sums authorised to be
raised by those Acts, and to grant scrip receipts fur such
amount as might Crum time to time be paid up in respect
of those sums, until each subscriber should have paid up
his instalment in full, when he was to be entitled to be-
come a registered shareholder in a new Eastern Union
stock for the amount he should have subscribed,
and to a guaranteed dividend thereon of six per cent.
per annum in perpetuity, with the option of con-
verting such guaranteed stock within the period
of fiva years into the general stock of the company.
The bill, which was filed by the plaintiff as the holder
of stock, arising from the conversion under the above
resolution of new guaranteed stock into general stock,
on behalf of himself and all other shareholders, except
the defendants, holding the same description of stock,
complained that the defendants were misapplying the
fund which had been raised under the powers of the
Manningtree and Hadleigh Acts, by expending it for
the general objects of the company, without regard to
the specific objects for which it was authorised to he
raised. The bid prayed an account of the moneys which
the defendants had received under the two last-men
tinned Acts, and of the applications of such moneys; and
if it should appear that such money had been applied to
purposes other than those specified in such Acts, then
that the defendants might be declared to hare been
guilty of a breach of trust, and be decreed personally to
replace the sums so misapplied to the credit of the com-
pany. The bill also sought an injunction to restrain
the defendants from any further misapplication of the
same funds.

To this bill the defendants put in a general demurrer.
Mr. WOOD, with whom was Mr. DANIELS, on behalf
of the defendants, contended yesterday, that by the
effect of the Acts of Parliaments, under the powers 01
which the funds in question had been raised, and the
resolution for carrying such powers into effect, the de•
tendants were entitled to apply such funds to the general
purposes of the company. The bill, moreover, showed
that the plaintiff and the stockholders, on whose behalt
he sued, were members of a corporation, and that for
anything appearing on the face of the bill, the corpora-
tion, as a body, had confirmed the acts complained of.
The SOLICITOR. GENERAL, on behalf of the plaintiff,
and against the demurrer, submitted that the powers
given by the Acts in question were intended only to be
exercised tor the special objects mentioned in those Acts.
and that any application of the tumis raised thereunder,
otherwise than in furtherance of those objects, was a
breach of trust.

The further arguments occupied the Court the whole
morning,

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner FANE.)
IN RE HUGHESDON AND MACKAY.
These bankrupts, described as of Calcutta, merchants,
came up to-day to pass thtir last examination.
Mr. CooKE, for one of the assignees, objected to the
balance sheet on the ground that the balance-sheet did
not set forth the capital or pr,fits, and that on the face
of it there was a sum of 40,0001. unaccounted for.
Mr. LAWRENCE said that Mr. Banks, the accountant,
had adopted the schedule filed by the bankrupt Hughes-
don in Calcutta, on his passing through the Insolvent
Court there, but suppl,m.,ntal accounts had also been
filed, and Mr. Whitmore, the officiid assignee, considered
they were the best which could be made up, as the books
were detained in the Insolvent Court of Calcutta.
Mr. CooKE contenued that, whatever the Court of
Calcutta might have chosen to have done in passing an
insolvent on a schedule with so large a sum unaccounted
for, the bankrupts having become subject to the bank-
rupts' law i❑ England, they were bound to comply with
the requirements of that law.
_ _

Mr. ROXBURGK (for the assignees in Calcutta) said
there was a discrepancy between the schedule in Cul-
cutta and that now filed, the debts being in the former
120,0001„ and in the latter 97,776/.
After a long desultory discussion, his HoNoun held
that as the creditors were not satisfied, and a question
might arise at the certificate meeting, he considered an
adjournment ought to take place for a further investiga-
tion of the accounts.

CRIMINAL COURT.-(THIS DAY.)
OLD COURT.
(Before the COMMON SERGEANT.)
Thomas Roberts, aged 25, described as a gardener,
was indicted for feloniously cutting and wounding
George Hester, with intent to do him some grievous
bodily harm.

Th-e prisoner was not defended by counsel.
It appeared from the evidence of the prosecutor, who
is a maltster and brewer at Fulham, and whose face was
partially covered with sticking-plaster, that on the
morning of the 20th of February last the prisoner en-
tered the prosecutor's public-house in a state of intoxi-
cation, and became very noisy. The prosecutor at-
tempted to put him out, and succeeded in ejecting him
from the house. As the prisoner went out the gate
post caught his knee and tripped him down; he then
pulled out his knife and began scraping the dirt off his
clothes, and whilst he was doing that he struck the pro.
secutor, who was standing by, in the faee with the knife,
and inflicted a severe wound.

A man standing by corroborated the prosecutor's
statement.

Ttie prisoner, in his defence, admitted that he struck
the prosecutor with a knife, but denied that he did it in-
tentionally, and pleaded that he was in liquor at the
time.

The COMMON SERGEANT told the jury that people
could only judge of a man's intentions by his acts, and
was in evidence that the prisoner struck the prosecutor
in the face with a knife.

The jury found the prisoner Guilty, but recommended
him to mercy; and

The ConimoN SERGEANT sentenced him to imprison,
ment for nine months, with hard labour.

Sarah Crosby, a tidy good-looking young Irish girl,
aged 18 years, was placed at the bar, charged with felo-
niously stabbing, cutting, and wounding John Smith,
with intent to do him some grievous bodily harm.
The prosecutor, a policeman, deposed that about eight
o'clock on the evening of the 31st of January, he was,
whilst on duty, walking past the Refuge for the Desti-
tute, and the prisoner was coming out of the door, she
having been there seeking a night's lodging. It would
appear that the rules of the society are that the reci-
pients of its bounty can only sleep in the house one night.
The prisoner had slept there on a previous occasion,
and on being told that she could not stay in the house
over night again, she began to create a disturbance,
which the prosecutor came up to quell, and during a
scuffle which ensued the prisoner pulled out a penknife,
which she had concealed in her bosom, and stabbed the
prosector with it under the arm, inflicting a punctured
wound half an inch deep.
The prisoner made a long statement to the jury, in
a rich Irish brogue, denying that she had inflicted the
wound upon the prosecutor, and complaining that he had
used her unnecessarily ill, having, among other ill-
treatment, kicked her in the breast.
The jury found the prisoner Guilty, and _ _

The COMMON-SERGEANT, in passing judgment, told
her that it was absolutely necessary for the safety of
society that the lamentably frequent offence of stabbing
with a knife should be put down, and he thought her's
was a very proper case of which to make an example.
It would only have been common gratitude on
her part on coming to this country in a
friendless and penniless condition, to have deported her-
self in a peaceable and becoming manner whilst partici-
pating in the bounty of the Refuge for the Destitute;
but, instead of that, she was found creating a breach of
the peace, and on the prosecutor, in the discharge of his
duty, attempting to put an end to the disturbance, she
had deliberately stabbed him with a knife. The sentence
of the Court was that she be transported for seven years.