The Sun.
London, England, 1846-07-21 00:00:00

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which it was alleged the la;ff of prescription rau against him,
he was non cairns age, e cum cffectu, having been a
gunner in the royal navy, and out of the kingdom
on foreign service. The reply to the defence was
denied bath in fact and in law, and the question in the
appeal was, whether according to the Scotch law there waa
such a union of the positive and negative prescription se
amounted to a bar to the suit. The Court of Session decided
the question in the affirmative, and from that decision the
present appeal was brought.
Mr. Anderson, and Mr. Henderson were counsel for the
appellant, and air. Bethel and Mr. James Stuart Wortley,
supported the decision of the Court below.
Their Lordships, at the
.conclusion of the arguments to*
day, gave judgment affirming the decision of the Court of
Session. Their Lordships reserved the questicn of costs.

lIGWEN V. EVANS.

The arguments in this case, which came bifore their Lor-
dships upon appeal from the decision of the late Lord Chan-
cellor, Lord Lyndhurst, occupied the remainder of the day.

ROLLS' COURT.-(THIS DAY.)

ItrALL V. HANNAN!.
The further arguments in this part heard cause eccupieZ
the Master of the Rolls the whole morning.

VICE-CHANCERY -("PHIS DAY).
(Before the VICE-CHANCELLOR OF' ENG►.AND.)
his HONOUR., this morning, made orders in several railway
cases, for the return of the deposits, the Bills having been
either thrown out or passed.
In the course of the morning, his Honour intimated that
he should sit up to the 31st of the present month, when he
intended to rise for the long vacation.
(Before the Vice-Chancellor KNIGHT BRUCE.)
SAVILL V. SAVILL.
The further arguments in this part-heard cause occupied
his Honour the whole morning.
(Before the Vice -Chancellor WIGRAM.)
His HoNoun, after disposing of the short causes and un-
opposed petitions on his paper, proceeded to hear the further
arguments on the part-heard cause of
BAGSHAIVE V. %lACNEIL,
which occupied the remainder of the morning.

BANKRUPTCY-(THIS DAY).
(Before Mr. Commissioner FONBLANQUE.)
THE ."IRON TIMES" NEWSPAPER, IN RE HOLT, NEALE,
AND SMITH.
In this case the bankrupts applied to the Learned Com-
missioner for an order to stop the sale of the type, &c., on the -
ground that the property had been improperly allotted, and
that forthe purpose of enabling the parties who had-made
the allotments to purchase. The person who had made out
the catalogue was the late 'printer, and as there were two
projected newspapers in the catalogue, it was intended by.
the party to purchase these copyrights and then start them.
There wds one of the lots containing 1,000 lbs.
of nonpareil, and this was a quantity which
only a morning newspaper or the Queen's printer required.
The consequence was that the lots would prevent competition,
and thus the property would be bought by a few persons
who had united together for that purpose. The bankrupts
again complained of the fiat being issued, for there was more
than sufficient to pay every debt. In the course of five
months—namely, from July to December last—the paper had
26,0001._0f advertisements.

His HONOUR said that the lots certainly appeared to be
very large, but he could not interfere.

7 (Before Commissioner GOUEBURN.)
IN BE W. 11. OSBORNE.
COSTS TO WITNESSES. —ln the case of this bankruV, who
had carried on business in St. James's-street, a Mr. err, a
solicitor, who had been subpoenaed as a witness, refused to
give evidence unless he was previously paid a guinea.
The Learned COMMISSIONER said that a witness so called
was to be treated as one at nisi prius, and was entitled to
demand his expenses.

The solicitor to the fiat said the taxing master would not
allow it on taxing the bill unless it was paid under the order
of the Court.

The CommissioNEr. :said that was wrong; it ought to be
understood to be the right of a witness, and, as a solicitor,
Mr. Kerr was entitled to a guinea.

IN RE JOHN SIMMONDS.
This bankrupt, who had carried on business at Wooburn,
Bedfordshire, as a corn dealer, came up to pass his last exa-
mination.

The Learned COMMISSIONER, on looking at the accounts,
said he perceived there was a sum of 3,0001. unaccounted
for out of 9,0001., and the bankrupt had not kept any books.
The accountant, however, had very properly not attempted
to disguise the truth by plausible guesses, but done his
strict duty, for which he deserved great commendation, and
differed from the conduct generally pursued by accountants.
In this case it would be impossible that the bankrupt should
pass, and his examination would be postponed sine die, with
leave, however, to come up on the day appointed for the
audit if he could file any better accoant, and paying the
whole of the extra expenses incurred by the examination.
The bankrupt, however, could now be examined by the
creditors, if they thought they would discover any property
but there was ne doubt that the bankrupt had been carrying
on a losing trade throughout, and could not make out a
better account.
The examination was adjourned.

PERTH and INVERNESS RAILWAY.
(THIS DAY.)
A meeting of the shareholders of the Perth and Inverness
and:the Inverness and Elgin Junction Railway was held at the
Thatched House Tavern, St. James's-street, to-day, at ten
o'clock, under the Act 9 and 10 Victoria, c. 28, for the pur-
pose of determining whether the company should be dissolved,
and if so, the mode of such dissolution.

NV. Sprott Boyd, Esq., in the absence of the Marquis 01
Breadalbane, was called on to take the chair.
The SECRETARY read the advertisement convening the
meeting. _ _

Three scrutineers were then appointed to examine the
votes—George Mackintosh, Esq., Alex. Cowan, Esq., and
M. Pallavicini.

The CIIAIRMAN moved that this company be now dis-
solved.

JOHN STEWA /LT, Esq., of Belladruni, seconded the motion,
which was put to the vote, and passed by a show of
hands from the majority of those present.
The CHAIIMAN then stated that the dissolution would bs
effected in the usual mode; that the affairs were left in the
bands of the committee, who would wind them up, and
take care to have the accounts audited, and reduced to the
lowest possible amount. He stated further, in answer to a
question from one of the shareholders, that 48,000 shares had
been issued, 46,089 of which were paid upon, leaving a ba-
lance of 1,911 on which nothing had been paid; that the
receipts of the company were 115,5391.; that the accounts
given in and partly taxed, which he believed included the
whole liabilities of the company, amounted to 38,8991., which
left a balance in the bands of the company of 76,639/., or
about 335. 41/ d. per share. Ile said that 30s. a share would
2
be immediately returned, and the balance as soon as the
affairs could be wound up.
The scrutineers now proceeded to examine the votes, and
returned the following result to the chairman—that 24,430
votes had been given in favour of a dissolution, and none
against it, which was announced by the chairman accord-
ingly.
A vote of thanks to the chairman was passed by the meet-
ing, which was then adjourned.