The Sun.
London, England, 1858-05-07 00:00:00

LAW INTELLTGENCE.—(This Day.)

COURT OF CHANCERY.
(Before the Lord Chancellor.)

IN RE THE LONDON AND EASTERN BANKING COMPANY.

At the conclusion of the arguments cf counsel in this
important appeal motion (to set af-ide the adjudication
in bankruptcy against the Company, and to wind-up the
business of the Company under the Winding-up Act),
the Lord Chancellor reserved judgment.
(Before the Lords Justice•.)
JUDGMENT -KNIGHT V. BOWYER.

In this case two appeals were presented against a df-
cree of the Mater of the Rolls, disposing of the queN-
tion of preference between first and second-class annui-
tants on the estate of Bradley, granted by Sir George
Bowyer, by three several indentures, dated 30th Aug.,
1814, and subsequent trust deeds and mortgages.
Lord Justice Turner, after going minutely into the
facts and circumstances of the case, said he entirely
concurred in the decision of the Master of the Roll 4.

Lord Justice Knight Bruce was of a different opinion
on several points, and concurred in others, but as Lord
Justice Turner bad concurred in the opinion of the
Master of the Rolls, it was not necessary to express his
opinion.

Lord Justice Tarner dismissed the appeal, without
costs.

COURT OF QUEEN'S BENCH.

(Sittings in Banc.), before Lord Campbell, Justices
Wightman, Erle, and Crompton.)

_ .
ALD. CUBITT, MP., AND THE PIER AT THE ISLE OF DOGS.
THE QUEEN V. ALD. CUBITT, bI P., AND OTHERS.

The defendants in this case were indicted for a nui
sauce in erecting a pier at the Isle of Dogs. The case
was tried before Lord Campbell, when the jury found
the defendants guilty, but the Court allowed it to stand
over.

Mr. Sergeant Piggott, for the prosecution, said this
was a rule calling upon the defendants to show cause
why judgment should not be pronounced upon them.
Lord Campbell said he could not find fault with the
verdict, but he understood the matter was to have been
arranged by the isue of a licence by the conservators of
the river, and approved by the Admiralty.
Mr. Sergeant Shee, for the c!efendants, said the licence
had been granted, and the solicitor was then engaged
drawing it up.

Lord Campbell—What does brother Piggott pray ?
Mr. Sergeant Piggott said h© prayed for judgment in
the usual manner.

Lord Campbell—Surely you don't Want the Court to
send Alderman Cubitt to prison ? (Laughter.)
Mr. Sergeant Piggott said he had no desire to do that.
He had t,o personal hostility to Alderman Cubitt or any
of the defendants.

Mr. Sergeaiit Shee repeated hie statement that the
licence bad been granted.

Lord Campbell said that, under the circumrtances,
he thought the Court ought not to give judgment.
Mr. Sergeant Piggott said he had no objectioq to let
the case stand over till Michaelmas term, provided the
defendant would undertake not to invade the rights of
the ferry at the Isle of Dogs in the meantime.

Lord Campbell said he thought there ought to be no
restriction.

Judgment was therefore deferred till 'Michaelmas
term.

BAIL COURT.
(Before Mr. Justica Coleridge.)
Mr. Justice Coleridge sat this morning in the Bail
Court fur the disposal of motion.

EX PARTE SIR JOHN MORRIS-CRIMINAL INFORMATION.
In this case a rule was issued on the 19th ult., and
reportea at the time in The Sun, for a criminal informa-
tion against Sir John Morris, for sending a threatening
letter to a Chancery barrister tending to create a breach
of the peace, for alleged insults to Sir John's family
arising out of a family suit now before the Court of
Chancery. The letter in question was dated from a
club in Pall-Mall.
Mr. Bovill, Q.C., to-day arplied for the enlargement
of the rule, on the ground that Sir John Morris could
not be found. The officer bad ;one to Sir John's cluband
to his solicitor, had made inquiries at 13 iulogne, and at
Sir John's residence near Swansea, without effect. At
his residence he was told tiey knew Sir John's red.-
deuce, but declined to divulge it.
Application granted.

..........,•••
COURT OF BANKRUPTCY.
(Before Mr. Commiisioners Evans.)
Tete mETROPOLITAN SALOON OMNIBUS COMPANY.
To-day was appointed for hearing arguments on a
petition for winding up the affairs of this company.
Mr. Lawrence appeared in support ; Mr. Roxburgh,
t
for the company, o oppose ; I,lr. Lewis also appeared
of
fn
tbheehaplfroofprtitoheecreditors ; and Mr. T. Beard on behalf
of the Moroni!' Chronicle, against
whom the company had brought an action for libel.
Mr. Lawrancpea,lnor the petitioner, applied for an ad-
journment, on the ground
were only ground that SiOlDO of the affidavits
fileodoth yesterday, aed one this morning, he
therefore had sad time to oniider them.
His Honour they were inadmissable if any
objections were taken.
Mr. Lavvrancebusa:
said he did not wish to object to them
on that ground,
fife
afficoneidered he was emitted to an
adjournment to reply.
Mr. Roxburgh, for tder'vits in
the petition, and ewe
e cteede")P3'Y' appearel to oppose
to tiny adjournment which
would tend most materially to the injury of the com-
pany, as it had been stated without the slightest foun-
dation that three fourths of the capital had teen lost,
and to prevent any delay he -vould withdraw tie affida-
vits and examine witnesses viva race,
Mr. Lawrence coulde:ldsnasoetacceJe to that course being
taken. The company
davits, and it couldno
t be chosen to proceed upon affi-
allowed that they should at
withdraw the last moment the affidavits and proceed
not
viva voce. He was prepared with witnesses, and
therefore could not go on with the case.
His Honour said that it
to adjourn the case, which.useappeared a monstrous thing
went to the destruction of
the company. (Great
applause.)
Mr. Lawrence Raid he had
ere
isnorr no personal feeling in the
supportt of professional regu-
matter, hut was thebr
laxity. He would
to prejudice the interests of
the company, and he trusted would not place
his cl.ent at such an extreme disadvantage as to call
1 upon him go on with the case now.
His a mour—My belief is that you ought to be pre-
pared to go on with it,
Mr. Lewis said he appeared for se% 1
era individual
shareholders to oppose the petition, as
they believed
that it was inexcusable and unjust, but
)1
everthelese he
considered it would be to the interests 0
ID' e the company
that a short adjournment should take P
rather than
take a "catch" decision on imperfect
evidence. He
expressed his firm conviction of die fell
acYof the allega-
tion in the petition.
Mr. Roxburgh said he bad offered to withdraw
affidavits entirely on his own eesponsiiere the
ay, but after
what had been said by Mr. Lewis he would not oppose
anwere adanxious journmeto g owithont but he
ut deley must say that the company
, into
the
case, and pre-
I pared for the most minute investigation
I Mr. Lawrence repeated that he only '
wis
hed to meet
the case fairly, and if on reading
g affidavits it did
not appear there were snfficioetrouud
s to support the
petition, it would be withdrawn. The
re was no desire
to merely excite the feelings on either side
It was then arranged that the
eas should he
adjourned ti 1 Friday next--Mr. Lawrarice undertaking
that any affidavits in reply should b 5 filed on cr before
Tuesday and brief copier given to the other side on
Wednesday.
'

CHURCH RATES AT AI[BLESIDE.
At the AmMeside
Petty Sessions of May 5, the next to those in which the
cases of John Crostield and Harriet Martineau were
hear] and decided agai;st by two of the magistrates, no
proceedings were taken. The,defends, ts having obtained
opnions of counsel, and those opinions heir decidedly
in favour of the defendants on all the paints in dispute,
it is to be supposed that the announced enforcement of
the rate will not take place in regard to the various cie_
fendants, in which case the :controversy is closed for the
present.
MR. CHARLES DICHEN'S READINGS.---Mr. C. Dickets
gave his second reading last night at St. Martin't_
hall, in the presence of a brilliant audience. The story
read was
"The Chime.," which was received with laud
applause.
"We are authorised to contradict formally and on
authority if positive accountA from St. Petersburg,"
says the Nord, "the rumour spread by some foreign
journals of hostilities having broken out on the Amur
between the Chinese and the Russians. This statement
las no sort of foundation ; the most complete tran•
uili v not having coated to prtvail in those parts."