The Sun.
London, England, 1846-12-11 00:00:00

MAY.

4 I Epsom
JUNE. .•
Ascot Heath 1 I Stockbridge
Hampton
Bibury Club
JULY.

Newmarket, S. S.

Newmarket ..
Liverpool

AUGUST.
Brighton
Wolverhampton
-d 10 *H--a 24

'Chelmsfora
Lewes ll
York

Aereford .... ........ 25
I *Huntingdon 26
*Canterbury

Warwick
Doncas ter

*Lincoln
Newmarket, F. 0. 28

to Nutbourne.
At the monthly meeting of the Central Society
for the Protection of Agriculture and British IndUstryi •
held on Tuesday, at 17, Old Bond-street, the question of -
the repeal of the malt tax was brought under the notice
of the committee, when a resolution was adopted that a
meeting of that body should be summoned for the 12th
A. SHAMEFUL CASE.—On the evening of Monday of January next, to take the subject into consideration.
RAILWAY A NIALG A NIATION.—We are informed, on
week, a young man, named Robert M‘Gill, a native
the best authority, that the Directors of the Glasgow
of Ireland, was brought from the terminus of the Edin-
and Ayrshire Rtalvvay had a meeting, on Saturday last,
burgh and Glasgow Railway, Queen-street, where lie
with the Directors of the Glasgow, Dumfries, and Car-
had arrived by one of the trains, to the Central Police- lisle Railway, when the terms for an immediate amalga-
office. He was there promptly attended by Dr. Easton,
motion were settled, the particulars of which, we under-
who, perceiving at a glance that he was labouring under
stand, will he submitted to the shareholders of the
fever of a most malignant kind, ordered him to be sent to
respective companies, for their approval, on an early
the Royal Infirmary, IN here he died on the Friday follow-
ing. Deceased, we have since learned, became unwell at day.—Ayr Observer.
SINGULARITY IN THE FRENCH DYNASTV--It is
Stirling ; and a letter from that place, dated the 21st
a remarkable fact in the history of France, that since
November, was sent to his friends at Newry, informing
them of his illnes. This letter reached them on the the time of Louis XIV., who succeeded his father Lo •
23d ult , when 31 ‘Gill's mother, notwithstanding the in- XIII., there has not been a sire?, instance of the crownals
clemency of.the season, and length of the journey, maui- decending directly from father to son. Louis --V
Tested a strength of parental regard too seldom exhi• the grandson of Lous XIV. ; Louis X ' A' • was
kited, by proceeding at once to the house of a 10d,,i .e. 'v I wasone of
the grandsons of Louis XV. ; the son of
died (query, if not murdered in the Temple). l
did not succeed in transmittingLtheics •xownp eto).ThjisNuio:npXlGylVesoonia.
house keeper in Stirling, named M'Minime, where lra-er.
son had resided since March last, expecting, as she.said,
Louis
died at Schoenbrunn.
Louis XVI., had his brothe Cho;
"to find her darling boy." To her grief and disappoint-
cessor. The Duke of Orleans,Vlll., brother to
went, however, she learned, on her arrival there, that he
off by an accident as unexpected had beer sent to Glasgow per railway ; but by whom,
and interrupted, it may I'9_ks X. for his suc•
and at whose expense, she is not aware. Retracing her
minced, the order of Prince Royat, was carried
steps with a sad and' sorrowful heart, she reached
Louis Philippe.will as it was deplorable,
Glasgow in time to see her loved but lost child buried in
it is his grandson, be said, before even it com-
the ground allotted to strangers. We are informed that succession under the new dynasty.
the deceased was visited in Stirling by a physician,l Duke of 40 not have, as his royal heir, a son ;
which makes the case worse than- it otherwise the Count de Paris, son of the late
Orleans, who is to be his heir presumptive to
have bees,—Glasgow Citizen. would
crown. -

OCTOBER.
Newmarket, S. 0 ll Newmarket, F. O. ..•
[The meetings against which we have placed an as-
terisk have not been officially announced, but in all pro-
bility will take place at the time mentioned.]

LAW INTELLIGENCE.
PRIVY COUNCIL, Dec. 10.
The Judicial Committee of the Privy Council sat
again to-day to hear the further arguments on the
part-heard appeal from the Chancery of York—of
THE QUEEN'S PROCTOR V. THE SOLICITOR OF THE
DUCHY OF LANCASTER.

Mr. JAMES PARKER opened the case on behalf of the
respondent, and occupied their Lordships tho whole
morning.

COURT OF CHANCERY, Dec. 10.
The Lord Chancellor did not sit in his Court in the
Old Hall, Lincoln's Inn to-day in consequence of their
being only one appeal set down for hearing. Hii Lord-
ship sits to-morrow, and on Saturday the case of Mr.
Dyce Sombre is appointed for hearing specially.

VICE-CHANCERY COURT, Dec. 10.
(Before the VICE-CHANCELLOR Of ENGLAND.)
His Honour the Vice-Chancellor of England heard
causes to-day, but nothing calling for a particular report
came before his Honour during the morning.
(Before Vice-Chancellor Sir J. %AricaAm.)
SHUTTLEWORTH U. BENGOUGH.

This was a bill filed for the purpose of determining
the claim of the plaintiff, who alleged to be entitled to
one-third part of two houses in Old Broad street, in the
City. The defendant was the only surviving trustee of
the will of a Mr. Hussey, and the other defendants
are the parties who laid claim to the other two third
parts of the houses. It appeared that the testator by his
will, on the 7th of August, 1834, left two-thirds of the
property in question to his two daughters, Mrs. Mid-
dleton, and Jane, the wife of John Silver, the remainder
to go to the survivor, and after her demise to go to the
children as tenants in common. It was contended by
the defendants that the children of Mrs. Silver
were illegitimate, it and therefore disentitled them
to any portion of the property in question • in
support of which affidavits were produced to the effect
that Mrs. Silver left her husband (who was a jeweller,
carrying on business in Hatton-garden), with his ap-
prentice, and the children in question were the result
of that connexion, she having lived with this
person till the period of her death, in 1842. The
plaintiff bad disposed of the share in the property, and
the party to whom the same had been disposed insti-
tuted the present proceedings.

The case for the plaintiff wis opened to-day, and had
not concluded at the rising of th- Court.

COURT OF QUEEN'S BEACH,Dec.IO.
(Before Mr. Justice EiILE and a Special Jury.)

THE DIRECT BIRMINGHAM, OXFORD, AND BRIGHTON
ATMOSPHERIC RAILWAY.
JONES AND ANOTHER V. BLUNT AND OTHERS.

Sir Frederick Thesiger, Mr. Montague Chambers, and
another Learned Gentleman for the plaintiffs ; Mr.
Cockburn and Mr. Peacock were for the dele idants.
This was an action brought to recover tha sum of
2,0001. for work, labour, and money expended by the
plaintiffs under the following circumstances :—The
plaintiffs, Captain Stopford Thomas Jones, civil engineer,
was one of the registered promoters of the above-
mentioned railway. Mr. Thomas N) as, solicitor of
Copthall-court, was his coajutor. The plaintiffs, it ap-
peared, took offices in Muorgate street, paid fur a pre
liminary survey,and the other expenses incidental to the
construction of a railway compiny. The defendant Mr.
John Blunt, and the other defendants. Mr. Denesey
Libertson Thompson, Mr. Benjamin Davis, and
others became members of the matiagineacom-
mittee, and agreed, on the 9th of October,
to pay the plaintiffs 2,0001., and to allow them the option
of taking 2,500 shares in the company for the expenses
they had incurred in promoting the company. They
agreed to accept those terms, but had been unable, up
to this time, to obtain the fulfilment of the contract into
which the defendants had entered into with them. The
defendants had placed several plans on the record, but
the leading one alleged that the contract had been ob-
tained through fraud, which Sir Frederick Thesiger
stigmatised as one of the most scandalous ever brought
into a court of justice. He then proceeeed to call the
following witnesses in support of his case:—
Thomas Biggs, examined by Mr. CHAMBERS—He said
he was the son of Mr. J. Biggs, who died on the 26th of
last October. He was a practical engineer, and lived at
Woolwich. He was engaged to make a survey in the
month of August Idat year, for the purpose of surveying
a line of railway from Birmingham, through Henley,
Stratford, and so on to Brighton, by the plaintiffs.
Mr. Stephen Pritchard, a clerk iii the Railway Regis-
tration office, proved that the Direct Birmingham, Ox-
ford, and Brighton Railway. Company was registered on
the 6th of October, 1845, and mid the description. The
promoters were Stopford Thomas Jones, C.E , Cornhill
and Thomas Nyas, solicitors, Cepthalacourt. The
regular fee of 5/. was paid. On the 12th of September
a notice was received, requesting that the name might
be altered to the " Direct Birmingham, Reading, Oxford,
and Brighton Atmospheric Railway Company." A
prospectus wad also supplied.
The bock was handed to the Master, who read the
names of the provisional committee, and the list of
the officers of the company. It was signed Thomas
Nyas, and explained the otaect of the line, and that a
preliminary survey would he made. The capital was
proposed to be 2,000,0001. The London solicitors were
Messrs. Coppock, Smith, an-4 Co., Bedford-row, London.
The defendant's name and the other defendacts were in
the registered prospectuses. Several registrations took
place in order that additional names might be added.
The final prospectus contained upwards of 100 provi-
sional committeemen.
Mr. James Coppock, solicitor, of Cleveland-row, ex-
emitted by Mr. al. CHAMERS—He said he was a soli-
citor and Parliamentary agent, and that he had acted in
both these capacities for the railway in question in July
last year. He knew Mr. Nyas and Captain Jones. The
offi3es in Moorgate-street were extremely well fitted up,
He communicated with solicitors in Birmingham :the
Oxford. Knew that the late Mr. I 3 g's was eneagiel to
make surveys of the line. Ile brought some of the sur-
veys to him, and he corrected a few of them. Ile conti-
nued to act for the cemp lily until September, whin he
left town. He employed Mr. Wyld, the rasp engraver,
to furnish a map for the compiny, and Mr. Barker, the
advertising agent, to advertise the company. He saw
Mr. Jones frequently, an i he might say Mr. Nyas was
his principal. He received instructions about the
advertisements either from Mr. Jones or Mr. Nyas.
The toe n-clerk c f Birmingham and a solicitor at
Brighton were to have been concerned with him, if he
had continued in its service ; but he had a good deal to
do at that time, more than he could do, and he found
that he could not give it the time it required. Ile was
satisfied that Mr. Nyas would discharge all liabilities
incurred. If he had not believed it a legitimate scheme
he should not have had anyilliteg to do with it, and he
took some pains to ascertain that it was so. He con-
sidered 2,000/. at the time a very moderate sum.
Cross examined by Mr. COCKBURN—Had not received
any remuneration for his trouble ; in fact he had net
demanded any, as he did not continue in the service of
the company. He could not say whether 2,500 shares
would be a fair compensation, because everything de-
pended upon their value in the market. He should not
have taken shares nor have got up a company for the
purpose of obtaining shares. He should not have given
a farthing for the shares.
Re examined by Mr. M. CHAMBERS Mr. Biggs
appeared to him to have taken pains in making the
survey.
Dr. BOND said he became one of the provisional corn-
mitte( of the line at the latier end of August, at, which
time the company had offices in Moorgate-street. He
ascertained at that time that Mr. Jones and Mr. Nyas
were the projectors of the railway, and that Mr. Blunt,
Mr. Davis, and Air. Thompson, acre members of the
same committee. The offices had been obtained, clerks
had been employed, and a survey had been made by Mr.
Biggs. All the expences were defrayed by the plain-
tiffs. They were there all day, and generally managed
the undertaking until the 9th of October. They tra-
velled to Brighton and other pieces in the service of the
company. A meeting was held on the 9th October, at
which Mr. Blunt occupied the chair ; on that occasion
the committee considered that 1:5,0001., with the option
of taking considerable numbers of shares in the com-
pany, would be sufficient compensation for the labour ;
but the plaintiffs considered that they were entitled to
2,500/., and the committee agreed to pay 2,0004 with
the option of taking 2,300 shares, and the plaintiffs
agreed to that offer, and to relinguish their connexion
with the company after that date. The shares of the
company had been issued ; It existed, and was likely to
be a profitable company. Had 100 or 200 shares in it; he
could not recollect exactly.
Cross-examined by Mr. COCKBURN—Had not paid up
the shares. If the company were well managed, it was
likely to be a lucrative undertaking. Was not aware
that the plaintiffs had any other little schemes on the
anvil at that time. He had shares in a great nun ber
of companies at that time; possibly in twenty or thirty.
Knew now that Mr. Nyas had offices in the same house'
for a clock company, With which he was connected. Mr.
Blur' lid not say at the meeting in question that they
could not pay the plaintiff's demand, or they could not
justify such an account to the shareholders. Could not
say how many shares he had taken up, nor the money
be had paid. The money he paid was his own. He
did not] know to what amount he had signed contract-
deeds, still it must be something very considerable. He
was present at the meeting, in consequence of expecting
that he would be applied to to he joint secretary to the
company with Mr. Rayner. He was now glad he did
not get it, as the company had been badly managed.
Sir James Douglas Hamilton Hay examined by Sir
F. THESIGER--410 said he became a member of the
managing committee on the Bth of October, on which
day the members of that committee were nominated. He
attended a meeting on the following day, the 9th. Ile
corroborated generally the evidence of the last witness
with respect to the contract with the plaintiff. The
committee considered that the amount agreed upon was
a fair one, and they had paid all expenses up to the
issuing of the first prospectus, and which that sum was
intended to cover. He had not paid up the shares he
took in the company, nor had he been called upon te
defray any part of the 2,000/. or the other expenses of
the company. Most likely he should have been so called
upon if he had not been compelled to withdraw from the
company in consequence of indisposition.
Mr. John Risdale, clerk is the London Joint-stock
Bank
Company, examined by Mr. PEARSON, proved that
there
The wasan account kept at that bank by the company.
deposits received were about 8,0001.
3deorf'lstiece-extuamined—The date of the last deposit was the
bebr..,5001. was transferred to the western
branch of the an
Mr. J. Peppercorn aa:he Stock Exchange, proved
that the firm with Wh' e was connected bad pur-
chased a considerable nu:esmcbtiareof shares in the company.
This was the plaintiff
Mr. COCKBURN held that the. declaration. of the plain-
Alt been, proved, and raised an objection to the
gile ataaaaaarasatutitis to dispose of the company before
it
bmoasede.conals,enrte was a e
admet_
4,2,:
:, 0 caramtvewsititohnouwt
. tgo.fi' ' f0.,(40 eof the undertaking. They
ir ~V 1,4.17,1, ,q)_kg,-;,,,:,',F.1 .:*""--,
(f.y had
were
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