The Sun.
London, England, 1861-03-02 00:00:00

LAW INTELLIGENCE—(This Day.)

Railways.
I

Paid.

Closing
Price.

Business done

ROLLS COURT.

;Atlantic R St Lawrence
ißom.,Baroda&.Cent Ind
Gu. 5 per cent.. ......
Do, Do.
Buffalo and Lake Huron
)Do. New .
Do. Preferonce
Buffalo, Brant,&Godrich
p. ct. bds. Aug. 1, 1872
j Do. do. July 1, 1873;
Do. do. June 1, 18741
llleutta.& S.Eastn. (Lilo
Cape,Eastn.Prov. (Liin.
ICapeTown & Dock Scrip
'Ceylon Guarantd. 6 p. c
Demerara

73 75
91i sni
16 16i d
4i 4id

(Before the Master of the Rolls, Sir John Romilly.)

CASE V. JAMES.-JUDGMENT.

His Honour the Master of the Rolls said—This is one of
those unfortunate cases that have frequently come before
me of late, in which T have to determine which of two inno-
cent persons is to bear the loss occasioned by the fraud or
default of a third person, who has squandered the property
and cheated both of these parties. The case of the
plaintiff is a person of the name of Triffen,
was trustee of some money in the 3 per Cent. Consols,
amounting to £2,400. Triffen was also trustee for the
defendant, who was trustee of a sum of money exceeding
that amount. This money he applied to his own pur-
poses. And this defendant and his solicitor in the cause,
by searching inquiries which they made, found that he
had adopted the following proceeding—he forged the
name of this lady to a deed transferring this stock to
him, and on the same day, the sth of May, 1858, the
plaintiff joined with Triffen, and made a transfer
of his fund in the name of Triffen, and then
Triffen paid a sum to the fund transferred to make up the
amount of the original stock of £B3 16s. 3d, which, with
the sum of £2,400, made up the required amount. When
this was done, he announced 125 the defendant that he had
this £2,483 16s. 11. standing in his name in the Three per
Cent. Consols as trustee in relation to this trust. Then the
solicitor ascertained it was not so, and they were not satis -
fled with the security. Triffen has since died insolvent, and
on his death this suit originated. The plaintiff
on behalf of his cestinque trusts claims the £2,400
as marked trust money, and that he is entitled to recover
it as such, as it never lost its character as trust funds, and
he never lost his character as trustee of it. lam of opinion
that in this state of matters the plaintiff is not entitled to
any relief. His Honour -nr the authority of decided cases
dismissed the plaintiff's bill, and regretted that costs must
follow the result.

6 7
75 80
65 70
65 70
41 5

Eastn. Bengal gu. 5 p. c
East Indian, gu. 5 p. c.
Do. F Shares Ext
Do. Jubbulpore
Do. 4i p c. Debentrs
Do. 5 p. c. Deb., 1864
Do. 1855-1870

Grand Trunk of Canada'
Do. 6 per cent. Pref..
Do. 2d Pref. 6 per ct..
Do. 6 per ct. Debentr.
Do. 7 per cent. 1862 ..
Do. do. 1867..
Do. do. 1872..
(3 Llndiarenin.gua.sp.c.
Do. New gua. 5 p. c...
Gt. Soutb.of India (Lim)
,o.,civaranteed 5 per cent.
D
do.

iGt. W. of Canada Shares

Do. New .......
Do. Bonds pay. '76, with
opt, till '6O
(10. '73 till 'G0......

Do. do. '73 without opt.l
Do. 5/ p. c. do. '77 d 0...
Do. 54 p. c. do. '7B d 0...
Madras, guar., 41 p. c...
Do. do. 5 per cent.....i
Do. 41 p. c. Extension
Do. Fourth d 0.... ....1
Melb.Corp. 6 p. o. Bnds.
Newßtunswick t Canda

Ry.&Land(Lim.)g.6pci
Class A Capital Share
Do. do. Land d 0........
Do. do. B Capital d 0...
Do. do. Land do. ......
;Dude (Limited) ........
Scinde b
• {d-g IDo.uDo.
onj. au .
cs
Do. Indusi.•F•lo•.
Trinidad (Lim.) Scrip..

Bill dismissed with costs.
DICKENSON V. POSTER.

His Honour, the Master of the Rolls, on reading this
will, was of opinion that the lapsed legacies, in the events
which happened, accrued to the surviving children, and
that his real estate, and a fourth of the residue of his per-
sonal estate, shall go to his eldest son, and declared accord-
ingly, and dismissed the bill without costs.

COURT OF CHANCERY.
(Before the Lord Chancellor.)
WHITMORE V. TURQUAND.-AFPEAL,

The arguments in this appeal, from a decision of Vice-
Chancellor Wood, were resumed and concluded. The Lord
Chancellor reserved judgment.

POLICE IN7ELLIGENCE—(I7as Day).

MARLBOROUGH-STREET.
ROBBERY IN A TAVERN.

Ezra Hinds, a watchmaker, of Stanley-street, Chelsea,
was charged with stealing a breast-pin from the person of
Mr. Richard Harvey, a resident at Southampton, but at
present staying at 189, Waterloo-road.

Mr. Edward Lewis, of Great Marlborough-street, ap-
peared for the prisoner.
The prosecutor said he was at the Opera House Tavern
about two o'clock that morning, when the prisoner, whom
he had been talking to, touch3d him under the chin and
drew his breast-pin from his cravat. He sent a friend
who was with him for a constable and gave the prisoner in
charge.
In answer to Mr. Lewis, the prosecutor said—he had
been at another public-house previously, " Scott's," and
that he had spoken to some females. He did not know
that prisoner had at the time £6 or £7 in his pocket.
A witness named Smith, also from Southampton, said
he saw tine pin safe in his friend's scarf just before the
robbery.

George Mires, 48 C, said prisoner denied having the pin.
He found on him five and a half sovereigns and three dies—
false ones—having on them t'o fours and two fives. Pri-
soner lived at a brothel.

Mr. Lewis addressed the magistrate in a very able man.
ner on the prisoner's behalf, contending that the pin might
have been taken by some of the females prosecutor had
spoken to, and that there was no use for a jury.
Mr. Tyrwhitt said he differed with Mr. Lewis entirely,
and thought it was a case for a. jury. He would, however,
remand the prisoner for a week.

THE SUN, LONDON, SATURDAY EVENING, MARCH 2, 1861.

THE MIRES AFFAIR.

RAILWAY INTELLIGENCE.

GLASGOW AND SOUTH-WESTERN.y

On Wednesday the Tribunal of Commerce in
Paris was called on to decide a case arising out of
the Mires affair.
MM. Levy, Cochery, Calvet-Rognat, and other
directors of the Roman Railway Company, cited
Count de Germiny, as provisional judicial adminis-
trator of the Caisse-Generale des Chemins de Fer,
and M. Mires, to show cause why they should not
provide the company with means to fulfil the obli-
gations, as the Caisse had undertaken to do.
They stated that M. Mires had entered into an
engagement with the Roman Railway Company
to supply it with the capital it required, by selling
from time to time its shares and bonds. That at
the present moment the company was in urgent want
of 2,000,000 f. ; and they therefore prayed that
Count de Germiny and M. Mires should place that
sum at their disposal, or that the company should
be authorised to sell bonds to that amount or to
raise a loan on deposit of them—and to do so at the
risk of the Caisse des Chemins de Fer.
M. Mires caused a representation to be made, that
being detained au secret in the prison Mazes, he
could not confer with his legal advisers, and should
not. therefore, interfere in_ the matter.

Count de Germiny prayed that the application
might be dismissed, for the reason that the
shares and bonds of the Roman Railway Company,
proposed to be sold, belonged to the Caisse Generale
des Chemins de Fer, and that the former had no
right to deal with them in any way to the prejudice
of the latter.

The Tribunal, however, decided -that, as the
placing of the Caisse des Chemins de Fer under pro-
visional administration had prevented it from ful-
fulling its obligations to the Roman Railway Com-
pany ; and as the latter was in pressing need of
`84000,000f. to pay works in course of execution, it
might borrow that sum on deposit of its bonds, the
rights of third parties being reserved.
On Thursday, at the "audience des referes,"
Count de Germiny demanded of President Benoit
Champy, through the medium of the avoue Cas-
taignet, that the ordinances issued on the 19th, 22d,
23d, and 25th of February, in reference to the
various undertakings connected with the Caisse des
Chemins de Fer, should be declared to include M.
Mires, and to be in force as regards the latter. M.
Castaignet demanded, also, that the powers of the
Count de Germiny should be extended to all acts
conservative of the personal effects of M. Mires.
M. Petit-Bergonz, the avoue for M. Mires,
replied that he had only yesterday received the
copy of the summons, and that he was without any
sort of instruction from his client, who had besides
refused to take any notice of the summons, having
up to that time been prevented from conferring
with his counsel. Consequently, M. Petit-Ber-
gonz required of the President to defer giving
his judgment till he (the avoue) had obtained
authority to see M. Mires.

President Benoit-Champy deferred his decision
till to-morrow (Friday).
M. Petit-Bergonz repaired immediately after-
wards to M. Daniel, juge d'instruetion.

The directors of this company recommended the share-
holders to declare a dividend at the rate of 51 per cent. per
anitum on the ordinary stock of the company for the half-
year ending January 31.