The Sun.
London, England, 1858-09-17 00:00:00

THE SUN, LONDON, FRIDAY EVENING, SEPTEMBER 17, lB5B.

FOREIGN.

CHESTER AND-HOLYERAD-BAILWA

HALF-YEARLY MEETING-(THIS DAY.)

SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)

The 29th half-yearly meeting of the shareholders of the
Chester and Holyhead Railway Company was held this
afternoon at the Euston-station of the London and North-
Western Company, Euston-square. The chair was occu-
pied by Mr. Jackson, M.P. for Birkenhead.
The usual routine business having been transacted,
The CHAIRMAN then rose to move the adoption of ihe
report. In doing so the hon. gentleman referred to the
principal points alluded to in the document, and expressed
his gratification at the position of the undertaking. The
adjustment of all claims chargeable to capital, enabled the
directors to render the statement of expenditure on that
account, in a more complete shape this half-year than
heretofore. As a necessary consequence, however, a large
sum appeared added to the expenditure for the past half-
year, which in fact was comprised almost entirely of accounts
hitherto in dispute, and therefore not included in the
printed statements, and of amounts which, being unpaid,
could net form form part-of a return of sums actually ex-
pended. Of the amount under the head of Parliamentary
charges, the sum of £1,472 18s. sd. had been expended,
during the past half-year, on the Bill promoted in Parlia-
ment, and approved by the proprietors at a special meeting
on 25th of June last ; the remainder was the balance
of an account still unpaid, and which formed
a portion of the liabilities of the company,
The directors had the pleasure of reporting that the act,
obtained during the last session of Parliament, to autho-
rise arrangements between the company and the London
and North-Western Company had received the Royal
assent; and they trust that, under the powers thus ob-
tained, such arrangements would be shortly concluded,
and submitted to the proprietors for approval, as would
enable the associated companies to enter upon the
contract with Government for improved postal and
passenger communication, between England and Ireland.
A statement of assets and liabilities exhibited an esti-
mated balance of £15,282 11s. in favour of the company,
after liquidation of all claims, including replacement of the •
revenue receipts applied to the payment of capital charges,
and, in looking over a comparative statement of traffic re-
ceipts, a decrease of £4,573 10s. in the earnings of the
railway for the past-year, as compared with the
corresponding period of the year previous would be found.
The falling off, it would be observed, was principally under
the head of " goods," and was attributable almost entirely
to a decrease in the mineral traffic during the past half-
year, consequent on the general- stagnation of trade ;
the receipts from merchandise traffic had not been
affected, unless in respect of the increase which, under
other circumstances, might have been expected. A
balance of £56,148 18s. ld. is shown to the credit
of Revenue Account, which after providing for Debenture
interest, and other first charges, leaves the sum of £22,351
17s. sd. available for division. The directors, therefore
recommend the declaration of e. dividend, as for six months,
at the rate of 51 per cent. per annum, on the First Pre-
ference Stock of the company ; and as for three months, to
31st December, 1857, at the rate of 5 per cent. per annum,
on the Second Preference Stock, leaving a balance of £1,663
Bs. 7d. to be carried forward to the current half-year.
The engineer's report stated that the permanent way and
way and works were in a very efficient condition, two of
the timber bridges having been replaced with stone
structures, and all the others thoroughly repaired.
The superintendent of the company's steamboats reported
that the whole of the vessels were in excellent work-
ing order, and that there had been no casualties in connection
with them during the past half-year.
The motion having been seconded, the report was, after
a short discussion, adopted, and resolutions were also
passed authorising the payment of the dividend therein
mentioned.

OF AN APPLICATION.

CASE.

MARLBOROUGH-STREET.

The meeting was then made special, and resolutions were
agreed to, authorising the creation of debenture shares
bearing a preferential dividend, at the rate of £4 per cent.
per annum, to be substituted for the existing mortgage
debt of the company, an arrangement which the directors
trusted would secure a permanent reduction in the rate of
interest.

The proceedings terminated with the usual complimentary
voto of thanks to the chairman.

LAW INTEL LIGENCE--( This Day.)

ATKINSON T. GONVA.N.-A CHEAP REMEDT.-EXPENSES

In this case, an action for trover, defendant had returned
the goods, but Mr. Clark, of Bedford-row, for plaintiff,
applied for his fee, or rather made the following observa-
tions :—Sir, I have to call your Honour's attention to a fact
of very considerable importance to the suitors of this
court. Defendant has returned my client's goods ; but
now there is a question of my fee, and I find that before I
can apply to your Honourg must pay £2 ss. hearing fees for
the purpose of receiving my fee of 30s. Now, I think this is
particularly hard, as this also is a court of equity, and at
no other court is a suitor called upon to pay fees of hearing
upon merely making an application. Defendant is not
here, and there is no hearing, but merely an application.
His Honour said such was the rule of the court. The rules
were made by the Recoeder, Common Sergeant, and the
late judge of this:court, and though they were sadly in want
of new ones yet these must do for the present. The mat-
ter then dropped. Mr. Clarke expressed his determina-
tion of norpaying the fee, as he did not feel justified in put-
ting the defendant to any expense he was bound to consider
almost infamous.

SMALL V. STOKING..-ILLEGAL DISTRAINT.-IMPORTANT

This was an action to recover damages for an illegal
distraint by plaintiff upon defendant's goods. Mr. Barnard,
counsel, instructed by Mr. Ashley, appeared for the plain •

tiff. From the statement of the learned counsel and the
evidence of plaintiff, a widow with three children, it appeared
that plaintiff had occupied apartments in defendant's house
at 7s. 6d. per week, and that she had given notice upon
which she might at any time remove without giving a
formal week's notice. Accordingly upon a certain Friday she
called a van to the door, and commenced loading her goods
thereon. Defendant came up at the time, and plaintiff
said to him, " Well, I am very glad you've come, you've
saved me the trouble of coming down to you," at the same
time paying defendant 10s. rent, due up to the previous
Monday. Plaintiff did not tell defendant where she was
going to (some place in Haclmey), but about a week or so
afterwards defendant put in a distress for one week's rent,
due the Monday after the Friday she had removed. Now,
it is against all law to levy a distraint upon goods which
were removed before this rent accrued, and defendant's
proper course would have been a summons in one of the
County Courts. This he did not do, but a man was put in
possession, who remained six days, and plaintiff had to pay
7s. 6d. rent, 3s. levy, and 15s. man in possession, in all
£1 ss. 6d. ; and defendant had met this case by paying
£1 3s. 6d. into court. After some observations from the
other side, his Honour said it was simply a question of
damages, and no doubt an illegal distress had been levied.
The jury, after a short consultation, found for plaintiff,
damages, £lO (including the £1 3s 6d. paid into court.)

POLICE INTELLIGENCE.—(This Day.)

WILFUL DAMAGE.—William Marsh, assistant to Mrs.
M. Johnson, of 30, Burlingtona-reado, .was charged with
wilfully breaking a pane of glass value £3.
The prosecutrix said the accused for some time past had
given way to habits of intoxication, and when in that state
was exceedingly: violent. On the previous day, having
demanded a few shillings of her daughter, and being refused
by her, he rushed up into the shop in a very excited
manner, and smashed the pane of glass in question. She
was frightened he would do further mischief if not restrained,
as he was so very violent. She did not wish to hurt him,
and she did not think he could pay the damage. All she
wanted was protection.

Mr. Bingham said that she should have that, but she
must let him do it in his own way, and that was by ordering
him to pay £3, the amount of the damage, or be committed
to prison for one month.