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

VICE CHANCELLOR'S COURT.

THE ROYAL BRITISH BANK.
(Before the ,Vic-Chancellor Kindersley.)

A portion of the following appeared in our impression
,}yesterday :
kr. Rolt, with whom were Mr. J. Brown and Mr.
Giffserd, 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. Les 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 the 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
aion, and to do all acts necessary to put Mr. Lee into
eomplete possession of the estate and effects of the
bank. With regard to the alleged contempt, the learned
coun3el stated that the bankruptcy messenger retired
from the bank premises upon the order of Mr. Harding,
but tha.e shortly afterwards, in consequence of an ar-
ranseemerst 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 bad ever been committed, or wan in-
tended to be committed by any person connected with this
case of the order of the Court of Cnancery, 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 !or contempt
of Court for having so interfered, was simply to obtain
coats. 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-
presaly mentions that, upon the consent bf 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 affeirs. 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 Vice-Chancellor remarked that the latter act was
expressly for the amendment of the former; hence, prima
facie, its provisions when they did not agree with those
of the former statute would be entitled to the greater
weight. Besides, when the former act vested the estate
in the assignee it did not snake it his property.
Mr. Rolt submitted that this was really a question of
law, and amounted to no more than an inquiry in whom
was the legal estate vested. He relied upon the acts to
which he had referred as conclusively establishing his
first proposition, that the legal estate was vested in the
official assignee. The next question way whether that
court had jurisdiction to interfere with the action of the
official assignee in this Ca'e. He admitted, in the fullest
manner, that the Court of Chancery had jurisdiction to
restrain persons within its territorial control from pro-
ceeding at any time, or before any tribunal on the
face of the earth. But that jurisdiction was exer-
cised according to well known rules, one of the most
important of which was that which limited it to cases
in which it would be contrary to good faith and con-
science for the person restrained to proceed in the tri-
bunal to which he had purposed to have recourse. This
was not such a case. In support of this portion of his
argument the learned counsel referred to " The Carron
Company v. Maclaren," 6, House of Lord,' cases, 417,
and the case there cited. But even assuming that the
court should consider that there was nothing to preclude
it from exercising jurisdiction in this case, he fell back
upon his last proposition, and urged that although the
power to interfere might exist, it would not be exercised,
for the court, having regard to the interests of creditors,
would consider that, in order to the unravelment of the
transactions of members of this company, it would at
all events be desirable that the distribution of the assets
should take place in bankruptcy, although the rights
against contributors might be enforced in equity. Such
a course would occasion no extra expense. There were
two duties to be performed—the getting of contributions
and the distribution of assets ; and whether these two
deities were both performed by one person in equity, or
divided between two, one acting in Bankruptcy and the
other in Chancery, the cost would be the same. Upon
some or one of these grounds he submitted that his
clients were entitled to the judgment of the court.
Mr. F. Brown and Mr. Giffard followed en the same
side.

for those bills which I gave to Stainburgb. They were
not accommodation bills.

Mr. Lewis—What value did you give for them !
Sir Robt. W. Carden—l ready must interfere to pro-
tect the witness. He has stated that he gave value for
the bills, and you have no right—
Mr. Lewis—But I want to know what value he has
given for them.
Sir R. W. Carden—Will you listen to me
Mr. Lewis —I shall listen to anything that you Fay
with pleasure.
Sir R. W. Carden—You pay very little deference to
the bench. If you like to take my place I wili vacate
it to you and retire. _ _

Mr. Lewis—l should be very sorry to do so.
Witness—l know Messrs. Willis, Percival, and Co. ;
they are banker-7.

Mr. Lewis—Have they overdue acceptances of yours
Sir H. W. Carden—Do not answer that question.
You may attempt to blacken Mr. Deportees character
as much as you please, but that has ❑othing to do with
th• question. Yoi may try and injure his reputation
and his credit by your questions, but I do not believe
you will, for there has been nothing to show it ; but you
may even make him out a bad character if you can, yet
still tbat has nothing to do with tue case. The ques-
tion i have these me❑ conspired to rob Mr. Deporter
of his bilk.

Mr. tobinson—Then there is no use in a cross exa-
mination.

Two of Mr. Deportees clerks deposed to the visits of
Stainburgh to their employer's office, and to the offers
of the chairs or shares to be paid on, as described in Mr.
Deporter's evidence.

Mr. James Crofts said—l am a stock and share
broker. I live at No. 1, Finch-lane, Cornhill. Some
of these shares produced were brought to me to ascer-
tain the value of them. I took some of them into the
market and found they were valueless there. They arc
scrip certificates for shares in the Wrysgane State and
Slab Quarrying Company, Port Madoc, North Wales.
I have since ascertained that the company is worked
upon the " cost book" system, and that there is a call
due upon them of ss. per share.
Sir R. W. Carden—Which the registered holders of
those shares would be liable t• pay !
Mr. Crofts— Yes.

Mr. S!eigh—This 19 all the evidence I propose to offer
to-day, and I now ask that tie prisoner may be remanded.
Mr. Robinson—l will not oppose that, but I shall ask
you, sir, to take bail for the future appearance of Stain-
burgh. There has not been a tittle of evidence rhown
that he made use of aoy false pretence whatever, and as
to that nonsensical attempt to confound chairs and
shares it is preposterous.
Sir R. W. Carden—l have made up my mind to re•
wand him, and I do not feel that I should be justified
in taking bail. I feel that he is in circumstances of great
difficulty.

Mr. Lewis—My client has been very 'unfairly dealt
by. He was on his way to this court to give evidence,
when he was put in the dock. I do hope, sir, you will not
send him. to Newgate. There is no evidence against him.
Sir R. W. Carden—You forget that he never called
after the shares were delivered.

Mr. Lewis—That is what I am coming to. lie found
they were valueless, and he would not complete the pur-
chase.

Sir R. W. Carden—l shall not take bail.
The prisoners were then remanded.
Mr. Horsley applied for a summons against Neumann.
Mr. Lewis—l will undertake to produce him it you
will promise not to giv. him into cu,tody ?
Mr. Sleigh—lf you will prod use him I will place him
in the dock by the side of the other prisoners.
Mr, Lewis—Then I will not produce him.
Sir R. W. Carden—You do not want a summons, for
you can give Lim into custody if you find him, if you
cannot a summons is of no use.
The prisoners were then removed.
The hearing of this case occupied over three hours,
during which time the court was densely crowded by
persons anxious to hear the proceedings.

SO UT Ef WARK.—Tu E ATTEMPTED MURDER ST
BBRMONDSEY.—Yesterday afternoon, after the remanded
ca,es and night charges had been disposed of, Richard
Burchell, 20, Abraham Burchell, 20 ; and Patrick
Ryan, 18, labourers, were placed in the dock before Mr.
Combe for further examination, charged with cutting
and wounding Patrick Griffin, 25, with intent to murder
hint' in Thomas's-place, Bermondsey.
The court wag, as on the former examination,
crowded by excess of friends of the prisoners and the in•
jured man.

Mr. Solomon again attended for the prisoners.
It may he recollected that on the last examination
John Griffin, the brother of the injured man, stated
he came from the London Docks to see him at his
lodgings in Thomas's-place on Saturday night, the
25th ult. They went into a beer-shop at the oorner,
when he told his brother Patrick that Richard Bur-
chell had beaten him five weeks previously. About
ten o'clock they both went to Bureheil's house, when
rittrack Griffin called out Richard Burchell to have
satisfaction. He came out, followed by Abraham Bur-
chell and Ryan, when a fight commenced, and Jehn
Griffin was knocked down and kicked on the head and
body in a dreadful manner. On getting up he saw his
brother lying on the ground near the gate, apparently
dead. lie fell upon him and kissed him, after which he
was taken to the doctor's, and had his wounds dressed.
lie heard no more of his brother until told, on his reco-
very, that he was in the hospital dying. This witness
did not see either of the prisoners stab his brother, but
he saw them use a pair of bellows about his head, and
throw pieces of brick at him. He was himself struck on,
the side of his head with a brickbat by Richard 13'.tr.
chell. They had all been drinking prior to that.
A lad named George Ansell, in the employ of a green-
grocer in Fort-street, Bermondsey, proved wither:sing the
affray in tip- next yard. He saw Richard Burchell kie:K
Patrick Griffin while on the ground, and Ryan was Also
kicking him on the body and head. Richard B „rebel'
took up a pair of bellows and struck him across
the nose
with them. They were all the worse for liqu' jr.
The depositions of the injured man, taken at Guy s
'
h
Hospital on Sunday by Mr. Buchanan,
8-riaV that Richd.
Burchell was the chief aggressor. Patr:
,as then apparently in a dying state, - Lek Griffin, who
A
hiva out as the man who stabbed hir At the time pointed
black-handled knife. A certificat in the side with a
eon the last examine-
tion having been produced from Mr. V
that
red
man was in a very dangerovalentiee, the s ur-
forth the injured
geon of Guy's Hospital, settir
g.
4 state, the magistrate re-
mended the prisoner until r
:e
Cuo-day.n
aces .day.
the chief
' Aaced at the bar, Mr. Edwin
worship being tt ,
these facts to Mr. Combe, his
tee f riner deposit', the
clerkpris on ,
e rre lbaeteindg
Airited with the circumstances, as
e,
and Mr. Seeker. ..ets were taken before Mr. Burcham
Mr. Combs tr ,
en asked what was the present condition
of Patrick Gl' atin
44eitendent Branford informed his worship
Mr. Sups
t ',r,jured man was still in a very precarious
in the hat
.thEle
stateie had not been able to receive any food yet
sivr proper manner, and the surgeons were apprehen-
e that when he did so the intestines woteld burst,
°Awing to the state of the stomach. He produced the
following certificate from Guy's Hospital; which he had
received that morning :
" This is to certify that Patrick Griffin is still in dan.
ger, although progressing fe,eoneablv.
"FR 'eficiS E. GAYLE; Dresser."
Mr. Combs said that under those circumstances no
evidence could be gone into that day. The man was
not out of danger ; therefore he should remand the pri-
soners.
Mr. Solomon observed that before his worship did
that he had an• application to make to him to bail ono of
the prisoner',
Mr- Coaabe asked whether anything was said about
bail by the other magistrates ? Under the circumstances
of the, case he should think not.
"...dr. Solomon replied that he made the application on
the last examination, but as it was asserted that the
man was in a dying state it was refused. The cir-
curnstances were now altered, and he was instructed
to ask his worship to admit Richard Burchell to bail.
Superintendent Branford informed his worship that
Richard Burchell was pointed out by the injured man
ae having been the party who actually stabbed bin].
Mr. Combe said that he should not admit either of
the prisoners to bail. The case was first gone into be-
fore Mr. Burcham ; therefore he should remand them
until some day when be would be in attendance.
The prisoners, who seemed quite unconcerned at their
perilous position, were then removed from the dock. t

Sporting Intelligence.

BETTING AT MANCHESTER—TUESDAY.
Considering that the Worcester Autumn Meeting
commenced to-day, and that the racing seaso❑ is upon
the eve of closing, there was a vcry numerous attendance
at the Rooms, and a fair amount of business was done
upon the Worcester Autumn Handicap and the Autumn
Flying Stakes, both of which are now decided. A few
investments were made upon the Liverpool Autumn
Handicap, Malacca being the favourite, and was backed
to win about 5004 at oto 1. December received a little
support at 7 to 1 ; that price was afterwards offered.
20 to 1 was taken about the Chicken to win near 2,0001.,
and 100 to 12 was taken once about G. Drew's lot. A
number of' books are opened upon the Chester Cup for
next year, 100 to 1 being . the current price against horses
not previously laid against. As the entry for this race
is not made until the Ist of January, we have no inten-
tion to make comments, or to girc quotations upon it
until the close of the year, unless we observe large in-
vestments made upon some particular horse or horses.
Offers were made to bet aAain,t anythir g for the Derby,
but nothing was backed in our hearing.
LIVERPOOL AUTUMN MEETING.
6 to 1 agst Malacca (t.)
7 to 1 agst December (t. and off.)
20 to 1 apt The Chicken (t. f.)
100 to 12 agst G. Dre w's lot (t.)

LIVERPOOL AUTUMN MEETING.
Weights for the Aintree Plate. One mile.

Age et lb
Mary 4 8 7
The Earl
Jack Sheppard 4 7 12
Alfred 3 7 7
Polmoodie 3 7 6
Excitement ...
Gay 4 7 2
Catherine Parr
Uzella

Age st lb
L'Addia 4 6 12
Coal Black Rose 3 6 10
Assailant
Our Sal (late She-
lah) 3 g 0
Janet
Kenerdy

Sulpitia
Sir Humphrey
Weights for the Croxteth Welter Cup. Mile and a half.
14 subs.

Age st lb
Llonzo
Wild Huntsman 5 11 2
Lough Biwn
Reveillee
Catherine Parr
Excitement 410 0
Prince of Orange 3 10 0
The Knowsley Nursery Ha:

st lb

Age st lb
Hospitality
Red Robin
Gaudy
Johnny Taft
The Sluggard
Barflour 3 9 2
King of Scotland 3 9 2
ndicap Stakes. T.Y.O. 33
be,

Filly, by Tearaway,
out of All's Well 7 4
General Williams 7' 4
Petto
Liverpool 7 2
Impostor
Schneider 7 0
Admiral Lyons
Apothecary 6 10
Ke I/ erdy
Sunrise 6 4
Ella
The Little Cob
Lima 6 2
Sister to Dramatist 6 0
Camberland.
Sir Humphrey

Old Fashion 8 7
Commoner
Mongrel
Vaulter
Polly
Cara Fatima
Master Bagot 7 8
Janet
Colt by Touchstone,
out of Dipthong
Odd Trick
Yorkshireman 7 4
Zanoni 7 4
Red, White, and Blue 7 4
The Tattler
Rickledon
Queen Bess 7 4
Violet Fane 7 4
The Sefton Haudical
22 fift
Yrs st ib Yrs st lb
a 8 71Peter Flat ......... 3 6 10
The Early Bird 5 8 2 Thames Ditton ... 3 6 10
Wild Huntsman 5 8 0 Poimoodie ......... 3 6 6
Yorkshire Grey 4 7 7 Catherine Parr ... 6 6 4
Mary 4 7 5 Excitement ..... 4 6 4
Lough Bawn a7 5 Gaudy
Pretty Boy
Lundyfoot 3 7 0 Uzella
Reveillee
Fanny Fern
Hospitality
Weights for the Hurdle Race. Two miles. 10 subs.
Acceptances to be declared on Monday next.
Yrs st lb Yrs at lb
Titterstone
Black Swan
Harry Lorrequer 5 10 11 Royalty
Lough Bawn alo 6 Boadicea, h b 49 9
Minerva, h b 6lO 6 Croxteth, h b 59 5

,p. Mile and a Half,
lubs.

SFIRE WSBURY AI
The Shrewsbury Ilandii

UTUMN MEETING.
icap. About two mileß.

Age st lb
Tronto
Mr. Sykes 6 8 81
Pole Star
Lady Tattoo 4 8 5
Hungerford
Early Bird 5 7 13
Pretty Boy. 3 7 9
Wild Huntsman 5 7 7
Flatter, .r
Y"rkFiiire Grey 4 7.
Hore.ity
The Jesuit ". 4 7 3
Pr;odle ............ a 7 2
T-ic,rd Alfred
(Team keeper
Braxey
Saraband
Cockatr )
Qui:dee
Mary 4 6 13
Prince of Orange 3 6 10
Lough Bawn a 6 10
The Hind
Elastic
Lundy Foot ..
Venison 4 6 8
Fanny Fern
Redemption
St. Clare
Sirocco
Vulcan
Siding
Cossey
The Column Handicap. Al

Age at lb
Titterstone a G 3
Imogene
Red Robin 44 g 3
Preston
~. n 6 3
Syvagee
Polruoodie . 3 6 2
Triton
F..omeo
13arfleur 3 5 13
Johnny Taft 4 5 12
Culcavy 4 5 11
Laura Selina 4 5 11
Merlin
Glen Lee
1 Termagant 3 5 9
1 Moonshine
Maid of Derwent 3 5 7
Bay Hilton
Coup de Main
Peter Flat 3 5 5
Kin;; of Scotland 3 5 5
Night Hawk 3 5 5
Assailant
Comedy 3 5 4
Primrose
The Shadow 3 5 4
Gaudy
Uzella
Village Cock 3 5 3
Puck
Laird of Hazie-
wood
Meton
lout one mile and a quarter.

Yra st lb
Tronto
Early Bird 5 8 11
Flatterer
Hungerford
Lord Alfred
Vandermeulin
Wild Huntsman 5 7 8
Claret...
Jesuit 4 7 7
Saraband
Yorkshire Grey 4 7 6
Mary 4 7 3
Homily
Hospitality
Lough Bawn a 6 10
Lundyfoot 3 6 10
Stork
Venison 4 6 7
Octavia
Excitement
Gay
Bandalore 3 6 3
Alfred
Red Robin
Syvagee 5 6 2
Titterstone

Yrs st lb
St. Clare 5 6 1
Romeo
Polmoodie
Iloon9hin., 4 5 13
Barfieur_
m. by 'Venison
Vanity, by Slane 3 5 13
Alma ...
Glen Lee
King of Scotland 3 5 10
Ld. of Hazlesvood 3 5 'lO
Prince's Mizture 3 5 10
Coup de Main
Do Ginkel 3 5 9
Peter Flat 3 5 8
Notre Dame 3 5 7
Village Cock 3 5 7
Katherine Logic 3 5 5
Termagant 3 5 5
St. Dun,tan
Ephorus 3 5 3
Unita
Agra
Comedy...- 3 5 2
111eton

The Grand Annual Steep]

'echase. About four miles.
Yrs at lb
Star of the West a 10 6
a 10 0
10 0
P Janusotter Phantom
a a
9 10
Hindoo
Bruiser
Prenez Garde ... a 9 8
Ma!rnesbury
Em press