The Sun.
London, England, 1856-11-04 00:00:00

NOV.EMBER 4 1856

LAW INTELLIGENCE.—(This Day.)

VICE CHANCELLOR'S COURT.
THE ROYAL BRITISH BANK.
(Before the Vics-Chancellor Kindersley.)
Mr. Rolt, with whom were Mr. J. Brown and Mr.
Gifford, moved, this morning, to dissolve the injunction
which had been granted by his honour to restrain
Mr. C. Lee, the official assignee of the bank in bank-
ruptcy, and Mr. J. Johnstone, the bankruptcy mes-
senger, and their respective solicitors and agents from
in any manner acting upon an order of the Court of
Bankruptcy in this matter, dated the 10th of October,
or disturbing Mr. Harding, the official manager ap-
pointed by the Court of Chancery, in his possession
of the estate of the bank. The learned counsel also
showed cause against the rule nisi which had been
granted by the Vice-Chancellor for the committal of
Mr. Lee and Mr. Johnstone for a contempt of
court, on the ground of their having interfered
with Mr. Harding in his possession of the pro-
perty of th.e bank, and he also moved that Mr.
Harding, the official manager, might be ordered
forthwith to hand over to Mr. Lee, the official
assignee, all monies and securities in his posses
sion, and to do all acts necessary to put Mr. Lee into
complete possession of the estate and effects of the
bank. With regard to the alleged contempt, the learned
counsel stated that the bankruptcy messenger retired
from the bank premises upon the order of Mr. Harding,
but that shortly afterwards, in consequence of an ar-
rangement between Mr. Harding and the Messrs. Link-
later, the solicitors to the bankruptcy proceedings, the
bankruptcy messenger returned to the premises, it being,
however, understood that he should not in any manner
interfere with Mr. Harding's possession, until the ques-
tion whether Chancery proceedings could go on against
the bank simultaneously with the proceedings in bank-
ruptcy. No contempt had ever been committed, or was in-
tended to be committed by any person connected with this
case of the order of the Court of Chancery, and it would
seem that the bill to restrain the official assignee and
the bankruptcy messenger from interfering with Mr.
Harding's possession, and to commit them for contempt
of Court for having so interfered, was simply to obtain
costs. With respect to the question whether the bank
could be proceeded against simultaneously in the
Court of Chancery and the Court of Bankruptcy, the
learned Counsel referred to the last act of Parliament
relating to the winding up of joint-stock companies, and
contended that it was manifest, from the language of the
act, that it was not its effect, neither was it the intention
of its framers, to prevent the two proceedings going on
together in the two Courts. The act itself, in fact, ex-
pressly mentions that, upon the consent of the
official assignee in bankruptcy of a joint-stock com-
pany, unable to meet its engagements, proceedings
might be instituted in Chancery for the purpose of more
effectually winding up its affairs. He contended that
the legal estate of the bankrupt was at this moment in-
vested in the official assignee in bankruptcy, and that
by a title anterior to that of Mr. Harding, inasmuch as
the adjudication in bankruptcy related back to an act of
bankruptcy which was committed by the bank on a day
previous to that on which Mr. Harding was appointed
official manager by the Court of Chancery, and that
without his authority no action at law could be insti-
tuted against any of the debtors of the bank for the re-
covery of money due to the bank ; that the proceedings
in bankruptcy would speedily and cheaply divide the
assets amongst the creditors ; whereas the case would
be different if the proceedings were to be exclusively in
the Court of Chancery, and that it was the intention of
the Legislature in such cases as these to permit the
creditors to institute proceedings in bankruptcy, and
leave the shareholders to adjust the claims between each
other in the Court of Chancery.
The motion of Mr. Rolt is opposed on behalf of Mr.
Harding, the official manager, appointed by the Vice-
Chancellor, by Mr. Glasse, and Mr. Lewis.
The arguments are expected to occupy the whole of
to-day and to-morrow.

r law proceedings were coi nmenced, but ultimately com-
promised, and on 7th .3.1 sue, 1849, another lease was
granted to him for 28 ye, ,ars, to commence from the
previous Christmas, and tbat was the lease under
which the present plaintiff ,b(sld the property. On the
olio wing year the plaintin ctaher executed a deed of
gift in favour of the plaintiff, and in 1852 he died,
since which time the plaintiff , had held the propertY.
The plaintiff knowing the ecces itricities of his father
declined during his lifetime pressi,ng the defendant, who
bad on one occasion been distrafned on, but on his going
to the father and putting on a long face was relieved
from the pressure, and all went well. On the death
of the father the plaintiff went to the defendant and
informed him of it, and gave bciro notice to pay rent
to him. The defendatt bad omitted to do so, and the
plaintiff having been ill, had not been abide to attend
to his business, and the arrears bad accordingly arisen.
The action was to recover the bulance of four years' '
rent, at 241. per annum.

THE PRESIDENTIAL ELECTION IN TIIE
UNITED STATES.

1 The Free-soil journals of New York no longer
di tute the decided victory of the Democrats in
the Pennsylvanian election. The Tribune says :
The last report from Pennsylvania leaves no doubt of
a Buchanan majority at the State election. The State
ticket of that party is chosen by some 5,000 majority in
between 400,000 and 500,000 votes. That majority can
be overcome at the Presidential election just at hand.
We do not say that it will be. Thousands of votes were
polled illegally by the winning party. They may or
may not be able to repeat the operation. On the other
hand, there are thousands of Quakers and other quiet
citizens who will vote for President who did not vote at
the State election. On at least two former occasions the
pins to our side between the State and the Presidential
election were amply large enough to secure us a triumph
now. It may be so again.
The New Tork Daily Times learns, from very good
authority, that the Quakers took no part in the late
election, and did not go to the polls at all. There can-
not be less than 20,000 of them who will vote for Fre-
mont in November. There are at least as many Ger-
mans, whom it was unreasonable to expect to vote the
American ticket, which was the only one then in nomi-
nation, but three-fourths of wham will vote against the
extension of slavery, and in favour of Fremont. The
same journal expresses its belief that with a vigorous and
energetic personal canvas of the whole State, the Penn-
sylvanian vote for Fremont may be secured by 15,000
majority. The fact is, Pennsylvania has never voted
alike at her State elections and in the presidential con-
tests immediately succeeding. In 1840 she elected the
democratic State ticket at the October election by a
majority of several thousand ; yet in November following
she gave Harrison her electoral vote. In 1848 sbe
' elected a whig governor by less than a thousand ; in
' November she gave Taylor over 13,000 majority. It is
I calculated that Fremont can afford to lose Indiana, New
Jersey, and California, if he carries Pennsylvania. But
what his chances are of carrying either of these three
States it is not easy now to say.
The New York Herald, however, refuses these conso-
lations, and admits that the victory of Buchanan and a
democratic majority in Congress sweep at once to the
winds and to oblivion all the efforts of the North in re-
ference to slavery, and all their aims with regard to its
non-extension. It will confirm and inaugurate the doc-
trines of the Ostend manifesto, and proclaim to the
world that the Government of the United States, with
the full and deliberate sanction of the people, was pre-
pared to wrest Cuba from its rightful owners."

(From the New York Journal of Commerce.)
In the 14 States first mentioned in the annexed
, schedule elections have been held within the last three
[ months, which have resulted, politically, as here ' re-
corded. True, it does not certainly follow that they will
vote the same way at the Presidential election, though
'there is not one of them which we think is less likely to
go Democratic at the Presidential election than it was at
the State election.

The next 11 States we regard as nearly certain to vote
as they are here classified.

Electoral Votes.
Democratic) Opposition.
6

' States.
Missouri
lowa
Arkansas
North Carolina
Kentucky
Texas
Vermont 0
Maine 0
Delaware (Inspectors) 3
Florida
South Carolina
Pennsylvania ..
Ohio 0
Indiana

14 States 93
Virginia
Georgia
Alabama 9
Mississippi
Louisana 6
California
Illinois ll
New Jersey 7
Tennessee
Massachusetts. 0
Rhode Island

Total in 25 States... 174 ... 57
The following States may be classed as doubtful, viz.
New Hampshire
Connecticut
New York
Michigan
Wisconsin
Maryland 8

35

Although we think Buchanan has an even chance in
the six last-mentioned States in the aggregate, yet were
they all to go for Fremont, they would swell his number
of electoral votes only to 122, which is 27 less than the
number necessary to elect him. On the other hand, Mr.
Buchanan has 174 electoral votes, or 25 more than the
number necessary to elect him, without counting any of
the 65 doubtful votes. But giving him half of them,
which is fair, he would have a total of 2064, or 67i more
than the number necessary to elect him.
The .only thing which can endanger the result, as it
seems to us, is a feeling of security on the part of the
Buchanan men, which shall cause them to relax their
efforts. This idea must not be tolerated for a moment.
There are only two weeks before the election, and it
would be madness, in the midst of the battle, to rest on
the advantages already gained. No ; while the victory
is within their reach, it is only to be gained by the most
strenuous efforts. Don't let them be caught napping.

SUFFERINGS OF THE CREW OF THE
TAY ON LOBOS ISLAND.

The following is a letter written at St. Thomas
by one of the wrecked, and gives some particulars
of the sufferings of the crew on Lobos Island :
" The Tay struck on Cape Roxo, in the Gulf of Mexico,
at 5 a.m. on Saturday, Aug. 29. The scene on board was
most awful. The monster steamer rolled about as if in
its last agony—the captain cool and collected. All the
boats, lowered and manned, stood off at a short distance.
Hideous sharks surrounded us, and seemed to mark us
for their prey. Between the raging seas there was a sort
of lull, by which the boats could communicate with
the ship. The surf was dreadful to look at. If it had
been rough weather not a soul would have been
alive half an hour after the ship struck. As soon
as possible one of the lifeboats was despatched to
Tampico, in charge of the mail agent, with the mails
and passenger?, to obtain assistance. The only things
that could be got from the ship for the officers and crew,
were some biscuit, salt pork, a few live fowls and turkeys,
and about five or six gallons of water. The captain's gig
was loaded with some hams, candles, jams, jellies, the
captain's private goods and clothes, some of the officers'
private clothes, some valuables, and three men. The gig
drifted round to the stern of the Tay, and after being
knocked about like a shuttlecock she was thrown bottom
upwards. Two of the men were dragged below by sharks,
and never appeared afterwards. The other made his ap-
pearance, resting on. three oars which he had grasped. He
truly represented a strong man in agony. He battled with
the raging surf, and got ashore saf6y,
although sharks
were all around lam. At 11 a.m. the ship was deserted,
the captain being the last to leave. 99 persons were now
cast adrift, with scarcely provisions enough for a single
meal. It was imposeabl e to land anywhere near Cape Roxo,
because of the violence of the surf. At intervals a low
small island could be discerned several miles distant, and
this was our only hope of safety. The captain declared that
it was the island of Lobos, and probably water would be
found there. He recommended that all the boats should go
for that island, and on being importuned he recommended
all to trust in God, and take care of their lives. At one
p.m. the chief officer led the way in his boat to the
island, the captain in the dingy bringing up the rear.
We reached the island soon after 4 p.m., but found the
surf rolling mountains high, forming apparently an im-
pregnable wall around it. We waited for the captain,
to know what should be done. Captain Strutt examined
various parts of the island, and at length he saw what
he considered an opening, and he entered it, the dingy
being light, and landed. He was to wave a handkerchief
close by. a hut seen on the island if we were to follow.
No handkerchief waved. At length the captain came off
again. He said the loaded boats could not get in ; the
dingy must take in a few at a time. By this means we
all landed, after great difficulties. It was a sandy beach
studded with rocks. A man with a boat-hook stood on
the bow of the dingy, and guided her in through an
avenue of rocks. Before everything was landed and the
boats made fast it was nearly dark. All were pale, hag-
gard, and tired. All hands were, however, piped, and
Captain Strutt, with a voice choked with emotion, offered
thanks to Almighty God for our great deliverance.
Every one was in tears. Nothing could be more solemn
or affecting than this scene. The island on which we
were was about three miles in circumference. W
i e wan-
dered about, and found beneath two fine trees iron fun-
nels driven into two wells, to prevent the sand from
getting into the water. The wells did not seem to pro-
mise a very liberal supply of water. There were other
signs of visitors having been on the island. After a small
piece of biscuit, a little grog, and a scrap of pork, had
been given to every one, we prepared for rest. Every
one wandered about seeking at every bush a shelter for
the night. A lighted lamp was hung up in a tree; Many
a strong iron-looking man was subdued that 'sight, and
went secretly on his knees imploring
eraccour from
Heaven. We all rested on the ground wi:ch nothing over
sv
us but our day clothes. The island
Was brilliant with
fire flies, and snakes and lizards cra',fled over us. The
rolling sea, beating and expendine4. itself in angry surges
on the tiny spot on which we
were resting, was thun-
dering all night in our ears. Sunday morning arrived.
It was feared that the welts would be dry after we had
emptied them of the s',„„di
quantity of water found in
them, but this was rAt the case, for soon afterwards
the springs filled site wells again. All bands were
piped again, and
t.,
prayers were read. A slight break.
fast of biscui and
pork or cheese was served out.
The eiPtair, asked for volunteers to visit the wreck, to
see what could be saved from her. Numbers of men
volu9t'aered to go, and they started for the wreck, but.
conl4 not approach it, the sea had so increased in vio.
knee. Men were occapied on our solitary island in
shooting sea gulls and pelicans, which abound there, and
we fed on the birds. After prayers in the evening we
laid down again with heavy hearts. Tormented with
hideous land crabs, which caused horrible disgust as they
crawled over us. ~Monday morning rose to no better
' prospects. The captain and volunteers again visited the
wreck. No better lack this time. There was no ap-
proaching the wreck, Hunted for turtle eggs, and
found quantities. Although plenty of turtle were there,
they could not be caught. Passed another miserable
day ; half starved, and no good prospects. The captain
read prayers, and all laid down to try to find rest for
both body and mind, for the third night. Tuesday
morning, after prayers and breakfast, a party went again
to the wreck, and this time succeeded in getting -on
board, and took away from her several sheep and fowls
that were nearly dead. On hearing of this success, two
more boats went off directly, and got stew pane, lamps,
blankets, and a few beds, pillows, &c. Found the poor
cow alive, but much exhausted. Could not get her out
then, for the weather was threatening, and the captain
made us all leave for our solitary home. In the course
wo of ts hsee
ednayboe
au
rri
nmgo udronwi nnguwp .01
ns tuusr n tiists jaosy —a ai‘siteexaimeaenr
war steamer sent from Tampico to our relief. We got
all on board of her that day, and went and saved the
poor cow. The captain of the Mexican war steamer
would not delay any time, for if bad weather had come
on it would not have been safe there. We got everything
off our island by Tuesday night, and were comfortable on
board the war steamer. Our minds were now more at
ease; for the worst had passed. On Wednesday night we
reached Tampico. Here we were a month waiting for
the Conway to take us to St. Thomas, where we
should be shipped for England. What with anxiety,
fatigue, exposure, and bad living, half of the offi-
cers and crew were laid up with ague and fever at Tam-
pico. We were placed in a house which was infested
with centipedes, scorpions, emmets, and mosquitoes,
which nearly drove every one mad. Those who were
well enough went up Tampico river shooting alligators
with some Americans. At length our deliverance came.
The chief portion of the officers and crew were brought
off in the Conway. At Havannah a number of the crew
went into the American merchant service. They obtained
employment easily, because sailors were wanted, and
they were preferred because they had excited interest on
account of the sufferings they bad undergone. At St.
Thomas a number of the crew were engaged, so that
only the officers and about 35 of the crew will go home
to England. Many of the men engaged at St. Thomas
went down to the Spanish main.

LORD PALMERSTON'S VIM TO
MANCHESTER.

MANCHESTER, MONDAY.
°teat interest is felt here in the visit of the Premier,
who has never before visited Manchester. A special
meeting of the City Council was held• this morning, at
the Town hall, to agree t;) an address to be presented to
his lordship. The Mayor (Mr. Jas. Watts) presided, and
there was a full attendance of aldermen and councillors.
Mr. Alderman NEILD, in moving the adoption of the
following address, said his lordship was fully entitled to
their highest esteem and consideration ; and he had no
doubt the Council would have equal pleasure with him-
self in awarding to his lordship any honour that they
could bestow.

The Town Clerk then read the address, as follows :
" TO THE RIGHT HON. VISCOUNT PALMERSTON, K.G,, M.P.
"We, the mayor, aldermen, and councillors of the
city of Manchester, beg to offer to your lordship, on this
your first visit, a most respectful and cordial welcome.
We rejoice in the opportunity thus afforded to us to de-
clare the high estimation in which we hold the distin-
guished services which you have rendered to your coun-
try by the great ability with which you have discharged,
through a long, eventful, and laborious public life the
important duties of the various offices in the Government
which nave been entrusted to you. We especially acknow-
ledge our obligation to your lordship for undertaking in
a crisis of great difficulty the highest and most respon-
sible office in the State, and for administering the affairs
of the nation in that capacity as to bring the war, in
which this country was unfortunately, though justly and
unavoidably, engaged, to a successful issue.
" We rejoice, too, in the presence of your lordship
among us, because we feel that the intercourse and com-
munication of eminent statesmen with the people of the
manufacturing districts are calculated to produce in their
minds a truer knowledge of the vast interests with which
those districts are identified than they can otherwise
obtain, while at the same time they are calculated to
establish a mutual sympathy between them and the com-
munity at large which cannot fail to be socially and
politically beneficial.
" As the municipal representatives of this city we
refer with particular interest to the important measures
which, under the sanction and advice of your lordship,
were recommended to the Legislature in her most gra-
cious Majesty's Speech from the Throne at the com-
mencement of the late cession ; and we confidently trust
that her Majesty's Government will press forward with
earnestness and determination those measures which are
necessary for the relief of shipping from the taxation to
which it is at present wrongfully subjected, and thus
relieve the trade and commerce of the country from im-
posts so impolitic and unjust.
" We fervently hope that among the blessings of the
peace which, by the instrumentality of your lordship's
administration, has now happily been restored, will be
the devotion of your Icrdship'a efforts, and those of your
colleagues, to such objects of general improvement as
may remove existing grievances and increase the pros-
perity and contentment of all classes of the community;
and respectfully venture, in reference to the future
of
policy of your lordship's administration, to make use
the emphatic language once addressed by your lordship to
the Ministers ofbthe day, and express a hope 'that the
Government will found their claim to the approbation of
the people by maintaining, not in this country alone,
but everywhere where their measures mayextend
ascendancy of liberal, wise, just, and enlightened
plea.' "
Aldermanprintchie-
address,and it w
Sir J. PoonaroTEiteaosueestoyndaegdretehdetao.d option of the
—or of Man-
chTeshteerfohlylozoinrgd letter,
Palmerston,
waa toth
et
" I shall be at Sir B. Heywood's onhne.erTre:autdeja;:deciay
bf
yo r two
or three bye, and I shall feel highly