The Sun.
London, England, 1856-11-05 00:00:00

EVENI G, NO VI MB ER 5, 185 6,

LAW INTELLIGENC.E.—(This Day.)

-toness
this s.

VICE-CHANCELLOR'S COURT.
(Before Sir R;charcl Kindersley.)

IN THE MATTER OF THE \DING•UP ACTS 1848.9, AND
THE ROYAL T 3 ITISII BANK.

Mr. Harding, the official manager, appointed by his
Honour for winding-up of the affairs of the bank, this
morning resumed his arguments in opposing the motion
of Mr. Raft, to set aside the injunction, and also to sct
aside the order far the commitment of Mr. Lee, the
official assignee of the Court of Bankruptcy for contempt,
and to transfer the possession of the property of the bank
from Mr. Harding to the official assignee. The learned
counsel stated that those who appeared for the creditors
did not attempt to set aside the order for winding up—
an order which had been duly enrolled before the adjudi-
cation in Bankruptcy—and therefore vested all the^pro-
perty of the bank in Mr. Harding, the official manager.
The fact that previously to the Winding-Up Act passing
the Legislature only 70 out of the 1,000 embarrassed
joint-stock companies had taken advantage of proceed.
fags in bankruptcy showed that the object of the passing
of the Winding-Up Act was to enable them to bring
their affairs to the Court of Chancery far the purpose of
being wound up. Nothing but derangement and ex-
pense would be entailed upon all concerned by the pro-
ceedings going on simultaneously in the ti' Courts.
Mr. Lewis followed on the same side, and coetended
that the course proposed by the other aide, that the two
proceedings might go ou concurrently against the bank,
would leasl to absurd consequence; because it was well
known that an adjudication in bankruptcy might be pro-
ceeded with against an embarrassed joint-stock company
within 12 months after it had committed an ac'; of bank-
ruptcy, and therefore the contention of the other side,
that the act for the winding up of its affairs would be
held in suspense for 12 months, for the purpose of seeing
whether any shareholders chose to bring the com-
pany under the control of the Court of Bankruptcy.
Besides in the Winding-up act itself there was not the
slightest provision, that when once the winding-up pro-
cess had begun in the Court of Chancery, it should be
stayed until its objects had been tally accsmplished,
namely, the assets of the company distribatod amongst
the shareholders, and. the equities between the share-
holders duly adjusted ; the Legislature clearly needed
that there should be an alternative process—either in
chancery or in bankruptcy—and not a double process
. •
embarrassed joint stock companies.
His Honour said prima facie it would seem that
under the Bankruptcy Act none but a creditor would
have aright to apply to the Court of Bankruptcy to
authorise the official assignee to"apply for a winding-
up order in chancery, and therefore supposed an
individual shareholder had been, compelled by an action
at law to pay to an individual creditor some thousands of
poucds beyond his fair proportion of liabilities, he would
be excludedeaccordingito the contention of the learned
counsel for the official assignee, from all opportunity such
as was given by the Court of Chencery of compelling his
fellow shareholders to reimburse him the amount which
he had been obliged to pay in excess of his fair liabilities.
The learned counsel proceeded with his argument,
and said that the Winding-up Act expressly provided
that as soon as the interim manager should
be appointed, all property of the bank should be
vested in him. and that he, under the direction of the
master, should pay the debts of the company. The
learned counsel, on the other side, had argued that, inas-
much as Mr. Harding was merely the interim, and not
the official, manager at the time of the adjudication, his
right of interfering with the property of the bank ceased
immediately on the appointment of the official assignee,
but the act expressly provided that an interim manager
had all the power of an official manager, except as the
master might otherwise direct.

The learned counsel had not concluded his argument
wheil our repit left.

COURT OF QUEEN'S BENCH'.

(Sittings in Bum, before Lord CAMPBELL, Mr. Justice
COLERIDGE, Mr. Justice WRIGIITMAIC, and Mr. Jus-
tine ERLE.)

WOODLAND V. FERN.

This was an action tried at the last assizes for Bristol,
and had reference to the cashing of checks, the amount
in question being 3fl. The check was drawn by a per-
son named Hillier, upon the Glastonbury (Stickey's)
Bank, with whom he kept an account in favour of the
defendant, who obtained cash for it at the Bridgewater
Bank, on the faith that the drawer was in full credit at
the Glastonbury Bank. On the 17th (the day on which
the transaction took place) Hillier, who had since
,left
the country, had a balance, of 201. odd to' his credit.
The check was not presented by the Bridgewater Bank
till the 13th, when it was returned dishonoured, "not
sufficient assets."
d Rule granted.

COURT OF COMMON PLEAS.

:Sittings in Banco before Mr. Justices Creswell, Crow•

der, and Willes.)
BWINBURNE T. SWINBURNE.

This was an issue from the Court of Chancery rela-
tive to larded property to the amount of 30,0001.,
originally tried at Stafford. It was then arranged be-
tween the Alorney General, who appeared for the plain-
tiff, Captain S winburne, the heir at law, and Sir F.
Thesiger, wlr, appeared for Mrs. Swinliurne, the defend-
ant, vvho was in possession, that she should give up tne
estates to Captain Swinburne on his granting her an
annuity of 1,100/. per annum. The arrangement so come
to between the parties was made a rule of Court, but
the defendant afterwards refused to comply with it. Last
term an application was made for an attachment to issue,
but it was refused, on the ground that notice had not
been properly served.

The Attorney-General to-day renewed his application
for the issue of the attmlimcnt. The attorney for the
plaintiff had prepared tha necessary documents for car-
rying out the arrangements, but; the defendant refused
to execute them. The plaintiff after that called on the
defendant to endeavour to persuade her to execute the
deeds, but she peremptorily r:fused to do so. kihe set
at defiance the orders of theCinrt, and at the interview
with the heir•at-law and his friends, she, by way of inti-
midation but not to do injury, discharged a loaded pistol
in their presence.
The Court granted the application.

therefore object to the jury giving hint his hotel ex-
penses.' (Laughter.)
Baron Martin said that anything under 4s would be
quite enough, and the jury found a verdict accordingly.
Mr. Mellor asked his lordship to certify for costs, but
Mr. Baron Martin slid he should not do so, as it was no
fault of the plaintiff that he was lef; behind. The Great
Northern Company should not publish such advertise•
ments of trains unless their arrangements were com-
plete.

POLICE INTELLIGENCE.— (Thi'i Day.)

BOW-STREET.

This morning, Marley, the man in custody for the
murderous assault on Richard Cope, was placed at the
bar, on remand, for further examination.
Inspector Bradstock produced a certificate which
stated that Cope was still unable to leave the hospital.
The prisoner was therefore again remanded for a week.