The Sun.
London, England, 1856-11-12 00:00:00

EV E ,r. 44 G, NO 12 1856,

Mr. Rolt Paid the creditors prayed his Honour's deci•
sion on the point. They did not wish to go to law on
the point, but if that was the decision of the Court, of
course they would bow to it.
Mr. Glasse, on the part of the official manager, said
it was not wished on their side to have recourse to an
action at law.
Mr. Rolt —lt is quite certain that in three weeks after
the official assignee of the Court of Bankruptcy is put
in possession of the property of the bank they would
declare a dividend.

The Vice•Chancellor—The official manager says hi
shall be ready to do so at the same time.

Mr. Rdt again urged his lionour to decide upon the
point at issue.
The Vice-Chancellor said it appeared to him to be
simply a question by whom was the dividend to be paid.
He thought the most simple way was to, let the money
be distriouted by the official manager, without respect to
the question of right. Neither party, it appeared,
wished to try the quesLion at law.

Mr. Glasse said if it was intended to try the question
he was prepared to go on.
The Vzcs•Chancellor—The question simply before me
is to restrain the official manager from proceeding to re.
ceive tenders for the disposal of the property of the
bank.

Mr. Rolt—The creditors of the bank have great dis
:rust of proceeding in Chancery.

The Vice•Chancellor—That does not affect the ques-
tion of the realisation of profits.
Mr. R'olt admitted that, and again asked his honour
to decide on the point.
The Vice-Chancellor— You say it is the wish of the
creditors that the whole of the moneys and property of
the bank should be handed over to the official assignee

of the Bankruptcy Court.
Mr. Rolt—Certainly ; that PM the wish of the cre-
ditors. If he was wrong in the view he had taken of
the case, then he was ready to submit to an adverse
decision, but if he was right then there would be no-

;hind further done in the Court of Chancery.
The Vice-Chancellor—What do you at present re.

Mr. Rolt—To order the withdrawal of the wirer

tisement with reference to the sale of the property;
and also to stop the issuing of writs by the official

manager.

The Yice•Cbancellor—l cannot withdraw the news

Mr. Rolt—The bills can be taken down from the
premises.
The learned counsel having again urged the
Court to deoide in favour of the proceedings going into
bankruptcy, read the following letter, which had been
received by Messrs. Linklater and Hack .vood :
South Sea House, Threadneedle-street,
• Nov. 10, 1856.
Dear Sirs,—The solicitors for the official manager hav-
ing applied to Vice-Chancellor Kindersley's chief clerk on
Saturday afternoon (Sth inst.), for an order authorising the
directors to appeal, at the expense of the bank's estate,
against the adjudication in bankruptcy ; and an order for
that purpose having, as I have since understood, been
made, notwithstanding that I attended at the time on be-
half f the directors, and infOrmed the chief clerk that
they were no parties to the application, and that I believed
they would not act on the order if it should be made, I
convened a meeting of the directors this morning to
determine whether they would or would not appeal;
and Mr. Burton attended the meeting to explain the
views of himself and the official manager on the sub•
ject. The meeting was also attended by Mr. Reed (of the
firm of Reed, Langford, and Marsden), on behalf of Mr.
Alderman Kennedy, and by Mr. Robins (of the firm of
Venning, Naylor, and Robins), as the private solicitor of
Mr. Esdaile.
I now bog to acquaint you that the directors, after very
full and mature deliberation, have resolved net to appeal
against the decision of the Commissioners in Bankruptcy
confirming their adjudication.
As the application for the chief clerk's order was made
at a late hour (between three and four on Saturday after-
noon), I was unable to get my clients together before this
morning.

I remain, dear Sirs, yours faithfully,
RICHARD PARDISON.
Messrs. Linklater and Hackwood, Sise-lane.

At the termination of the reading of the letter a dis
cussion arose as to the restraining of the official assignee

from acting.

His Honour said his order did not restrain the official
assignee from acting. All he could do was to prevent-
any unseemly squabbles, and he thought the way both
gentlemen had acted was very judicious.

Mr. Rolt again asked for judgment upon the with
drawal of the advertisement from the premises, and a
stoppage of the present actions.

The Vioe-Chancellor—What is the amount of debt
proved under the Bankruptcy proceedings?
Mr. Rolt-200,000/.
The Vlce-Chancellor —Under the Winding-up Act the
amount is 553,0001.

Mr.
Rolt—`Vitt your Honour order the taking down
of the placards, and that no contracts be entered into
until your decisi .n is given ?
The Vice-Chancellor said he had already given direc-
tions to the official manager which would prevent him
going on with proceedings or prosecuting actions which
were not absolutely necessary until judgment had been
given.

Mr. Rolt said he had learned that no lees than 400
writs had been obtained, and 209 had been actually
issued.

The Yice-Chancellor—lf I must decide whether those
writs are to drep or go on, then I say they must go on ;
it is possible for them to remain in statu quo.
A long discussion here took place relative to the re-
ceipt of tenders for the sale of the property, in which it
was contended that no harm could by any possibility
be done to the property by the reception of tenders for
the premises.

The Vice-Chancellor said he bad already given direc-

tions to his chief clerk, and be would on no account
suffer actions to be brought against the creditors of the
bank, except it was in some special case ; and that no
proceedings in any of those actions already commenced
would go on further than was absolutely necessary
to keep the proceedings alive. It would not be a
very long time before he would be prepared to deliver
his judgment, and the matter would then, to a certain
extent, be at an end. With regard to the issuing of
advertisements, or the posting of placards, the official
manager would not take any further steps in that direc-
tion, and the matter would therefore remain in state quo
until judgment was given on the question between the
official manager and the official assignee.
Mr. Rolt—No contract would be entered into, and no
action proceeded with.
The Vice•Cbancellor—Certainly. I don't make any
order of injunction in the case, bat I wi:l give father
directions to my chief clerk.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Rolroyd.

IN RE C. 3. MERE.

To-day was appointed by adjournment for considers/.
tion of the certificate of this bankrupt, Mr. C. J.
Mare, of Blackwatl, the well-known shipbuilder.
The Court was crowded by parties interested, as
several meetings have been held with a view to effect.
ing a private arrangement, so that the proceedings in
this Gold mig'it be superseded, but which were finally
disposed of yesterday, Mr. gm, of the firm of Brockle•
bank and Bolt, not being in a pogition to prove a large
debt of 120,0001,, part of a larger claim.

It should be observed that notwithstanding the pro-
ceedings in Bankruptcy, and the private meetings to
obtain a supersedeaq, the works and Government con-
tracts
them
underbave beenthe
superintendencecarri d outby
of Mr. J.
the assignees,
Johnstone,
the
messenger of his Honour's court, and a great portion of
the property has been sold. The remaining works, the
monster mortars for the Government, and the shaft for
the engines of the mammoth ship building at Blackwall,
are nearly completed, and when finished conaideiable

LAW INTELLIGENCIE.—(This Day.)

COURT OF CHANCERY.
(Before Vice-Chancellor Kindirsley.)
THE ROYAL BRITISH BANK.
Mr. Rolt, immediately on his Honour taking his seat
this morning, rose and said the other day he applied to
the Court for an injunction
His Honour said the application of the learned come
eel was entirely a legal question, and the only way to
settle the point relative to the official manager and the
official assignee would be by an action at law in the
proper court. But the effect of such a proceeding would
be that the creditors of the bank would be precluded
thereby from receiving for some time a dividend of Bs.
in the pound, which was nearly ready for distribution
by the official manager. Debts to a large amount were
ready to be paid, and there were assets in the Bank of
England, and the only question that remained was
who was to receive the money. It was a questien
of preference between the • official manager and thi-
official assignee ; and if it was the wish •t the counsel
that, he should give judgment, ordering an action of
law, he was quite ready to do so. If that course
was not wished then he would let the question
stand over till he gave judgment on the case that had
been argued before him ; namely, as the question who
was to be the receiver of the property of the bank, the
official assignee, or the official manager. The present
question was merely for him to issue an injunction to
restrain the official manager doing a certain thing—the
issuing of further notices and advertisements relative
to the reception of tenders for the disposal of the pro-
perty.

amount will fall into the estate available for a dividend.
The debts proved yesterday amounted to about 2,5001.
On the oricinal application for the certificate on the
4-h of July, 1856, there were four notices of objection
by Messrs. Hillyer and Fenwick on behalf of Messrs.

Cory and Son, La,tn bath ; by Mr. J. W. Nicholson for
Messrs. Hambro and Flor ; by Mr. Waller, for Messrs.
Clayton and Shuttleworth ; and by Messr.i. Coombe and
Wainwright on behalf of Mr. Day, Mr. Westhook, and
Mr. Bairns.
In consequence of the absence of Mr. Lawrence, who
was engaged until past 12 o'clock,

Mr. Linklater then applied for a further adjournment,
as the bankrupt had great confidence that he would be
able yet to effect a satisfactory arrangement with his
creditors, and he, therefore, asked for a further adjourn-
ment for one month.

Mr. Lawrance, for the assignee, did not oppose, but
would leave the matter in the hands of the Court ; they
did not wish to press for an immediate decision, nor
would they shrink from going into the matter when the
proper time came.

There was no opposition, and in answer to a question,
His Honour said the adjournment would not preju•
dice those creditors who had given notice, but the meet-
ing would be re advertised and other creditors might
come in.

Adjourned accordingly.
IN BE WOODRUFFR.

This bankrupt was describedasof Newgate-street,
licensed victualler, and to-day came up for his certificate.
Mr. Williams, for the assignees, did not oppose the
bankrupt having a certificate, but did not think it could
be granted of a higher than a third class certificate. It
was one of the ordinary eases where the brewers bad
taken the security and gat the whole of the property ;
but bankrupt had done all he could since his bankruptcy
to assist his creditors.

His Honour granted the certificate accordingly.
IN RE SEAWARD.

This bankrupt bad carried on an extensive business as
a licensed City carman, and to-day was appointed for
choice of assignees.

Mr. Chidley appeared for the petitioning creditor, and
assignees were chosen.

POLICE INTELLIGENCE.— (This Day.

MARLBOROUGH-STREET.

CHARGE AGAINST A CABMAN,—James Smith, a cab
driver, badge 9,100, was brought before Mr. Beadon,
chargal with being drunk and creating a disturbance at
the residence of Donal Nicoll, Esq., Park-lane.
Mr. Nicoll stated that yesterday afternoon he hired
the defendant's cab in Conduit-street, to take himself

and two ladies to Warwick•street, and from thence to
Park•lane. At the latter place they got out, and be
gave the defendant a shilling. The defendant asked for
sixpence more, which he declined to give, but gave him
his card instead. The prisoner looked at the card, and
said he did not believe that was his (Mr. Nicoll's) right
name, and followed him up to the door, at which be
continued to knock and ring violently. Complainant
sent his servant out by a side door for a constable, and
gave the defendant into custody.
Mr. Nicoll's footman corroborated the statement of
his master as to the prisoner's knocking and ringing
for about 20 minutes, and added that the prisoner was
very drunk at the time.

The prisoner said he took the gentleman and two ladies
to Warwick-street, and from thence to Park.lane, where
the gentleman got out and gave him a shilling. He
told him his fare was is. 6d., being 6d. in addi-

tion to the la. for the extra person. The gentleman
refused to give him the 6d., but gave him a card,
and he (defendant) then knocked at the door to in-
quire if he resided there, when he was given into
custody. He admitted being the worse for liquor, and
was very sorry for it.

Mr. Beadon said when Mr. Nicoll gave defendant
his card he ought to have gone away and not persisted
in knocking at the door for 20 minutes. It had also
been proved that be was very drunk, and, as a caution
to him for the future, he should fine him 408., or 14
days' imprisonment.

THE MURDER IN PARLIAMENT_

STREET.

INQUEST THIS DAY.

The jury having been sworn, the Coroner briefly nar-
rated the circumstances under which they had been
summoned, and pointed •ut to them their duties, viz.,
to ascertain how, when, and by what means the de-
ceas•ed came by his death, after which the jury proceeded
to view the body.

(We shall give the conclusion in our last edition,

Naval any .!Yliiitary Intelligence,

The following letter, dated Malta, Nov. 5, is from a
correspondent :
" The Ottoman steam frigate Saiki Chadi arrived on
the night of the Ist from Salonica, bringing two officers
and 330 non-commissioned officers and privates, reliefs
for the garrison of Tripoli.
"The Sibilla Neapolitan schooner yacht arrived from
Constantinople on the night of the Ist, after a fine run
for a sailing vessel) of four and a half days.
"The Peninsular and Oriental Company's steam•
packet VeL;tis arrived from Marseilles early on the morn-
ing of the Ist Nov., bringing the overland London mails
of the 27th Oct., and, amo,g other pa,sengers for Mafia,
Commander J. F. Ross, R N., Captains Biddle, Lowett,
and Warn? gton, Lieutenants Dodds and Fellowes ; and
for Alexandria, for which port she left on the same morn-
ing, after embarking Capt. Baynes, Bth R'-gt. (late mili-
tary magistrate at Balaklava), Col. Hartley, Major
Grimes, Col. Martin, Capt. and Mrs. Whist), Captain
Huddlestone, Capt. and Mr. Soppett, Lieut. and Mrs.
Cookes, Lieut. Logan, Lieut. and Mrs. Mules, Dr. and
Mrs. Mudge, the Rev. B. Montgomery, Lieut. Weeks,
and Capt. Robilibo. The Indus, belonging to the same
company, left at the same time, likewise for Alexandria,
having on board Viscount Balgonie and Lady S. Melville.
"Her Majesty's steam-sloop Wye left on the Ist of
November with the mails for the lonian Islands.
"The Cheliff and Euphrate French postal steamers
arrived on the 2d from Marseilles, the former bringing
for Alexandria, whither she proceeded on the 3d, Prince
Stoltikoff, Count Tersen, Monge Bey and family ; the
latter bringing, among other passengers for Malta,
Colonel Lowndes, the Hon. Lieutenant-Colonel Wrot.
tesly, Captain Hawley, 14th ; Captain Parker ; Lieu-
tenant Martin, Royal Artillery ; Lieutenant Crosley ;
Lieutenant Stewart, 28th ; the Chevalier Ross, Nether.
lands Consul, returning from sick leave. The Euphrate
left on the 3d for Syra, Smyrna, and Constantinople.
"The Capitole French postal•steamer arrived on the
2d from Marseilles.
"The Indus French postal-steamer arrived from Con-
stantinople, Smyrna, and Syra on the night of the 14th.
"The Egyptian screw-steamer arrived from Marseilles
on the 2d.
"The French screw-steamer Madinina arrived from
Tripoli on the 3d.
"The Sovereign screw-steamer left far Tunis on theist.
"The Bceotia screw-steamer arrived from Alexandria
on the 4th, for Liverpool, with 698 pilgrims returning
from the Holy Shrine at Mecca for Algiers, Tangiers,
and Gibraltar."
The Golconda transport, Captain Kerr, arrived at
Spithead yesterday from Constantinople, Malta, ano
Gibraltar; bringing 127 military and 3 naval invalids
from Malta and Gibraltar ; 11 non-commissioned officers
of the Osmanli Irregular Cavalry ; Major Hunter, of ti •
47th Regiment, in military charge ; Dr. M'Dowell, in
medical charge ; Lieutenant H. Sampson, of the Land
Transport Corps ; Mr. G. B. Douglas, of the Osmanli
Irregular Cavalry, itc.
- The Sultana and Culloden freight-ships left Spithead
yesterday with the several allotments of the British
German Legion, before reported for the Cape of Good
Hope.

Her Majesty's steam sloop Bulldog, 6, Commander
Gordon, went out of Portsmouth harbour to Spithea,
yesterday to await orders.
Her Majesty's steam sloop Rosamond, 6, was removed
yesterday from the steam basin, to be laid up in the
steam reserve.
Her Majesty's steam frigate Shannon, 51, Captain W.
Peel, C. 8., tested her speed with all her weights on
board, yesterday, at the measured mile in Stokes Bay ;
Vice-Admiral Sir G. Seymour, K.C.8., and Admiral
Superintendent Martin went out in the steam yacht Fire
Queen, Master-Commander Paul, to witness the result,
which was an average speed of from 10i to 101,- knot- per
hour ; the wind and water were both unfavourable
ThiQ, being the minimum, would justify the expectation
that under more favourable conditions the Shannob
w.iuld obtain a speed of 14 knots, or about five knot•
per hour more than the much (and deservedly) admired
American frigate the Merrimac, which was lying for
some time recently in the Southampton Water, can
achieve. The Shannon is expected to leave Spithead
to-morrow for the Mediterranean, previously making a
trial cruise in the channel.
The Darien transport, No. 170, arrived at Spithead
yesterday with commissariat and Ordnance stores.

The new class screw steam frigate Diadem, 32, re-
cently launched at Pembroke, arrived at Spithead, in
tow, la,t evening. This is a new class of heavy frigate,
from which great results are anticipated. She is to bt
supplied with steam power of 801-horse. All her main
deck guns will be long 68's, of 95 cwt. each, to throw
solid shot. Her upper deck guns will consist of four of
the heaviest class of 32's, and one heavy pivot gun fore
and aft. She is to be fitted out for service with all expe-
dition.

Oar correspondent at Plymouth has received some in-
formation regarding the passage of the screw steamship
Cruiser, 17, Cmnmander C. Fellowes, which is convoying

three gunboats to the East Indies. Oise of the boats re-
quires to be towed occasionally, and the progress of the
others is thereby retarded. They left Plymouth on Thurs-
day, Sept. 25, and, having put into Falmouth, sailed
finally on Monday, the 29th. Very heavy weather wa -
experienced, and on Oct. 2 the Cruiser lust sight of the
Staunch and Fore-ter. On the 4th the Haughty was
despatched, under steam, to the appointed rendezvous,
46 N. lat., 10 W. long., with instructions, if she found
the missing boats, to wait there with theca. On the 6th
the Cruiser picked up the Forester, Lieutenant an.,
Commander Wildman, who was suffering from fever,
and has received medical treatment from the surgeon of
the screw steam frigate Dauntless, 31, Captain Alfred P.
ityder, bound to the Mediterranean. On joining the
Cruiser one of her three surgeons was sent on board the
Forester. Thu Cruiser and the three gunboats arrived at
Teneriffe on the 17th October, and were appointed to
sail therefrom on the 21st for Rio Janeiro and the Cape
of Good Hope. It is probable that Lieut. Wildman will
return to England from Teneriffe.

The treightship Abyssinian, 1,140 tons burden, after
shipping about 20 tons of ammunition, left Woolwich
yesterday morning for Portsmouth, where she is to em-
bark a portion of the German Legion with their families
for the Cape of Good Hope.
The freightship Acbar is likewise embarking military
stores from Woolwich Arsenal for the Cape, and is to
call at Portsmouth to receive on board a number of the
German troops.
The Forerunner freight ship, as tons burden, laden
with a general military cargo for the Mauritius, went
down to Woolwich yesterday morning for the purpose
of shipping powder and ammunition.

The whole of the ships engaged to take out the Anglo-
German Legion to the Cape have invariably arrived at
Woolwich with a scarcity of hands forming the crew, the
masters having experienced great difficulty to induce men
to join, even under an offer of increased emolument.

Col. Stranshain, in command of the detachments oi
Royal Marines about to be installed in the newly ap
pointed quarters at Deal, left Woolwich yesterday morn-
ing. Captain Rance, Royal Marines, in command of the
recruiting ttation at Derby, arrived at head-quarters,
Woolwich, yesterday morning, having been relieved by
Major Elliott, R.M. Capt. Pym, Royal Marines, joined
head-quarters at Woolwich yesterday morning from York,
having been relieved of his duty at that station by Majur
March, Royal Marines.

The 26th company of Royal Engineers, commanded
by Capt. G. E. L. Walker, R E., have received orders
to prepare for embarkation for Bermuda. Capt. W.
isi.s,c 26th cmerobians, Instructor in Musketry, and
Second-class Instructor Griffiths, are also under orders
to leave Chatham for Bermuda, for the purpose of in-
structing the 26th Regt. in the use of the Enfield rifle.
The following appointments were made yesterday at
the Admiralty
Mr. Thomas Baker, Inspector of Machinery afloat, is
appointed to be Chief Engineer and Inspector laf Machi•
eery in Chatham dockyard ; John W. H. Harvey, mas-
ter, to the Miranda.

DEATH OF MISS VINCENT, THE DIRECTRESS OF THE
VICTORIA THEATRE.—This favourite actress, so web
know n for many years past to the visitants of the Surr y
and Victoria Theatres, died, at nine o'clock on M, nday
morning, at her residence, No. 13, Barkham terrace,
Wrstininster-road. Miss Vincent bad for the last few
days complained of temporary iadisp aition, arising from
what she thought to be a slight cold ; but her illness did
not prevent her from fulfilling her official duties as di-
rectress of the Victoria Theatre, where • he attended until
the termination of the performances on Saturday even-
ing last. Ou her return home she retired to bed ;fo a
short time, she suddenly became alarmingly worseij
medical assistance was immediately obtained, but a
external aid was fruitless ; supervened,brainfevlaery,sezietenca erol
twhich
could not be reduced, and this
uated in the 42d year of her age.

This afternoon Mr. Bedford, the Coroner for West-
minster, and a highly respectable jury, commenced an
inquiry, at the Westminster Hospital, into the death of
Richard Cope, shopman to Mr. Berry, watchmaker, and
Co., of Parliament-street, whose death was occasioned
by injuries inflicted on him by a man named Morley, a
reputed ticket-of-leave man and a deserter. Morley, it
will be recollected, is in custody, and has undergone one
or two examinations.