The Sun.
London, England, 1867-12-09 00:00:00

LAW AND POLICE.

THE YARJSOUTH HOTEL COMPANY.—Vice-Chancellor
Wood has had before him an important case, in which
Mr. Henderson and others prayed to be removed from the
list of contributories of the Yarmouth Hotel Company, on
the ground of misrepresentation in the prospectus. The
misrepresentation alleged was the statement in the pro-
spectus that "the directors and their friends had subscribed
a large portion of the capital." The facts were that
at the time when the plaintiff made his application no
one of the directors had " subscribed " for shares in any
sense of the word, and the " friends " of the directors, not
treating the term in the sense of personal friends, but
merely of business connections, consisted of no more than
one firm at Norwich. Sir Edmund Lacon, who was one
of the directors, in his bill alleged that he took the
shares thinking that an hotel at Yarmouth backed by
him must succeed. The Vice-Chancellor, in deliver-
ing judgment, expressed his surprise that gentlemen of
position should consent to authorise what in their
private affairs they never would have consented
to permit, namely, that their names should be

used in this way to carry out a speculation of this kind.

At the same time misrepresentations had certainly been
made, and his Honour therefore made a declaration that
the company was bound to repay the plaintiff his £lOO,
with an injunction to restrain proceedings on the judg-
ment, and an injunction to restrain further sales ; also a
declaration that the defendants, the directors, were also
bound in like manner to repay the plaintiff the £lOO (but
without interest) ; alio that the plaintiff was entitled to
have his name removed from the register of the company,
and an order accordingly ; the plaintiff to have his costs
of the suit and in the action.

BANKRUPTCY APPEAL.—IMPORTANT QUESTION CON-
CERNING COSTS.—In a bankruptcy appeal from the order
of the commissioner at Birmingham, in the matter of
Hammond, the Lord Justice Rolt has decided that when
the assignee with the sanction of the commissioner prose-
cutes a bankrupt for misdemeanour, the costs of that pro-
secution must be defrayed out of the Chief Registrar's
fund.

THE LONDON, CHATHAM, AND DOVER RAILWAY. —The
cases of Waterloo v. Sharp, Gardner v. Sharp, and Draw-
bridge v. the London, Chatham; and Dover Railway, were
before Vice-Chancellor Stuart on Saturday. There were
three summonses—two by trustees of the deed of January
1867, to provide for payment of the rent of the rolling
stock, and one by the debenture-holders, represented by
the suit of Gardner v. Sharp. The facts were briefly
these. Prior to January 1867 a receiver had been
appointed. 'By a decision of the Lords Justices, after the
appointment of a receiver, the debenture-holders were
only mortgagees of the profits of the line after the necessary
expenses of the working of the line were defrayed.
Immediately upon this decision being given the company
assigned all the rolling stock, steamboats, and stores, to
trustees for the benefit of their general creditors. In this
state of things an arrangement was made that the com-
pany should pay a rent of 6 per cent. on the value of the
rolling stock, &c., which had been valued by Mr. Forbes
at about £426,000. In the summer of this year an Act of
Parliament was passed which constituted a joint board of
directors, and gave power to the company to purchase the
rolling stock. This raised the question as to whether the
sum fixed by Mr. Forbes was a fair valuation or not. On
the one side it was argued that the amount assessed was
too high,but theVice-Chancellor thought that, if anything,
it was too low. As to funds, the company was obliged to
do what was not strictly right with them. He confirmed
the certificate, and he would give some months for pay-
ment of arrears of rent.

GETTING V. THE MIDLAND RAILWAY COMPANY.—III tins
case, which was tried before Mr. Justice Lush in the
Court of the Queen's Bench, the plaintiff, a commercial
traveller, sought to recover damages for injury received
on the defendants' line. The defendants lodged is. as com-
pensation. • Evidence was given of the collision which
took place between the mail train, in which the plaintiff
was riding, and some trucks. The plaintiff went home
had since been utterly prostrated. The medical
evidence was to the effect that he had exaggerated his
symptoms, and that he would soon get better. The jury
returned a verdict for the plaintiff ; damages, £1,850.
THE FIRE AT HER MAJESTY'S THEATRE.—Mr. Knox,
at the Marlborough-street Police-court, had before him
two young men who, when asked by policemen to keep
back at the fire at Her Majesty's Theatre, refused, and
struck the constable. They were sentenced to a month
each.

SEDITIOTJS CRIES IN PARIS.—A young Swiss
named Cassada, aged 18, a seller of chestnuts, was tried
on Friday at the Tribunal of Correctional Police, Paris,
for crying out in the Rue de Martyrs, " The Republic for
ever !" " Long live Garibaldi !" "Down with the Pope 1"
He was sentenced to a fortnight's imprisonment; a simi-
lar punishment was at the same time inflicted on another
man named Lemonnier, a labourer, for a like offence in
the Rue Descartes. Each of the men pleaded intoxication
at the moment, in extenuation of his offence.
FATAL ACCIDENT WHILE WINDOW CLEANING.--.
The residence of Dr. Oldham, medical practitioner, Fins-
bury-square, was on Saturday the scene of a fearful and
fatal accident. A young man, named James Willmott, a
painter and grainer, was engaged in cleaning one of the
front windows, when the sash gave way, and he was pre-
cipitated on to the railings with so much violence as to
snap two of the spkies off. Upon being carried into the
house, Dr. Oldham directed his immediate removal to St.
Bartholomew's Hospital, but the unfortunate young man
died on the way in great met*: