The Sun.
London, England, 1867-07-29 00:00:00

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THREE O'CLOCK.
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L-4'W INTELLIGENCE.—(!his Day.)

COURT OF CHANCERY.
(Before Lord Justice Cairns.)
IN RE THE SUBURBAN HOTEL COMPANY.

In this case, which came before the Court in the
shape of a motion of appeal against the judgment
of Vice-Chancel or Malins for the winding
up of this Company, judgment was given by
Lord Justice Cairns this morning. His lordship
said that the hotel was one situated at Hampstead
Heath, and it was alleged in the petition of a few
of the shareholders that it was the desire of that
body that the concern should be wound up. On
the other hand, leave to appeal had been
given to the larger body of shareholders, who
stated that it was the wish of the majority
that the undertaking should be still continued, and

that if it were under different management, and
conducted in a more economical and energetic
manner, it would ultimately pay a satisfactory
dividend. It had been argued on the part of the
petition that, in all the cases on record, whenever
a petition of this description came before the
Court, it had invariably granted an order
for winding up, and three special cases had been
particularly mentioned. In the first of thes3 the
Master of the Rolls bad recommended that some
arrangement should be come to between the adverse
shareholders, but it bad subsequently come before
the Lord Chancellor, who had given it as
his opinion that as the majority of the share-
holders were in favour of still continuing '
the enterprise that the company should still carry
out their operations. The second class was one
which applied to bubble companies, which this
company certainly was not, and the third related
to mercantile transactions of a different nature.
Taking all these circumstances into consi-
deration, he was, therefore, of opinion that
the Court should not look to the probability of
success if the undertaking were still carried on, but
should rather advocate the principle that when a
majority wished to continue the enterprise they
should have the option of doing so. With great
respect to the learned Vice-Chancellor, he must
dismiss the petition witk costs.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

CAPTURE OF AN ESCAPED CONTICT.—Jamee Ward Was
charged before Mr. Tyrwhitt by Sergeant John Cook, 16
C, with being at largo before the expiration of his sentence
of two years' imprisonment in the county gaol of Presteign,
Radnorshire, North Wales, for highway robbery.
Sergeant Cook said that about 6 o'clock yesterday even-
ing, from information ho received, ho apprehended the
prisoner at the Jersey Stores public-house, Church-street,
Soho, for having escaped from the county gaol of Prosteign,
Radnorshire, where he was undergoing a sentence of two
years' imprisonment, and having six months more to
serve.

Mr. Tyrwhitt asked the Sergeant what the prisoner said
when he took him into custody.
The Sergeant said the prisoner did not deny it, but said
that he was sold.

Mr. Tyrwhitt Raid the prisoner would be remanded, and
probably returned to Presteign, where he would have to
Ferve a considerable time.

THE ORGAN NUISANCE.—An Italian organ-player named
Juan Fossi was charged before Mr. Tyrwhitt with playing
an organ to the annoyance of Mr. Thos. Ramsden, chemist,
29, North Audley-stroet.
Martha Shays, servant to Mr. Ramsden, said that by
direction of her master ehe told the defendant and mo-

tioned him away, that he refused, and her master then
wont out to the defendant.

Mr. Ramsden said that at a quarter to 12 on Saturday
night ho sent his servant out to tell the defendant, who
was playing an organ, to go away, and on his refusing to
do so he went himself and told him to leave, and motioned
him to do so, but he refused. His wife, who was au in-
valid, had been frequently annoyed, but more especially so
at such an unseasonable hour.

The defendant said that two persons at a publiehouse
gavo him a penny to play, and ho did so.
Mr. Tyrwhitt final the defendant 55., or four days' im-
prisonment.