The Sun.
London, England, 1857-08-06 00:00:00

ASSIZE INTELLIGENCE.

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HOME CIROUIT-CROYDON, AUG. 5.

(Before the Lord Chief Baron and a Common Jury.)

ATTENBOROUGH V. CLARK.

This was an action brought against the defend-
ant, as the endorser of a bill of exchange for
3;0001., but the actual amount sought to be re-
covered was only 1,5001., the plaintiff admitting
that he had only advanced that sum.
The defendant placed a number of pleas upon
the record, but the only point 4 relied upon as in
aeswer to the action were, that it was understood
that he was not to be sued as the endorser of the
bill in question, and that the bill had 13.? en satisfied.
Mr. M. Chambers, Q.C., and Mr. Peteradorff
were f,,r the plaintiff; Mr. E. James, Q.C., and
Mr. Hawkins appeared for the defendant.
The only evidence adduced in the first instance
for the plaintiff was the production of the bill, and
proof that the endorsement upon it was in the
handwriting of the defendant.
Mr. E. James then proceeded to address the
jury on behalf of the defendant ; and it appeared
from his statement that the plaintiff was a pawn-
broker and bill discounter, carrying on business in
Piccadilly, awl ho had a good many money trans-
sections with Mr. Edward Rawson Clark, the de-
feadant, who was a gentleman connected with the
turf, and who was also a good deal engaged in bill
discounting. In Nov., 1455, two gentlemen, whose
names have been frequently brought before the
public, the Hon. C. Lawley and Mr. John Massey
Stanley, who were on intimate terms with the de-
fendant, applied to him to obtain for them a loan
of 3,0001., upon their and Mr. Clark applied
to the plaintiff, who, after some negotiation had
taken place, consented to advance 1,5001., and Mr.
Clark undertook to provide the other 1,50)1, and
be handed that amount to the plaintiff, who, upon
receiving the bill, gave Mr. Clark a cheque for
3,0001., which was handed over to Messrs. Lawler
and Stanley. This bill was at four months' date,
but when it became due it was renewed for two
months, the interest charged being at the rate
of 30 per cent., and subaequently two cheques, each
for 1,5001., one being drawn by Mr. Lawley,
'the other by Mr. Stanley, were produced by the
defendant, and he took one of them and gave the
other to the plaintiff. Both thee cheques were
however, dishonoured, and very soon af-erwards
Messrs.. Lawley and Stanley left the country, and
the present action was brought to recover the
1,5001. advanced by the plaintiff from the defen-
dant as the indorser of the bill in question. It ap-
peared that after the bill had been given Messrs.
Lawlay and Stanley offered to make some arrange-
ment to assign three race horses belonging to them,
named Mary Copp, Festival, and Orlando, as a
collateral security, but they were subsequently
t tkeu in execution by the sheriff upon a judgment,
and were sold for nearly 4,00)l.
The Jury, after a very short deliberation, re-
turned a verdict for the plaintiff for 1,606/. 10s.,
the amount of the balance of th, bill and interest.

Mr. James applied for stay of execution to give
the defendant au opportunity of taking proceed-
ings in equity.
The Lord Chief Baron said he should not make
speedy execution, but the parties must make any
further applications, upon affidavits, to a judge at
chambers.

WINDING-UP OF JOINT-STOCK COM-
PANIES IN THE COURT OF BA.NK-
BUPTCY:

-4,.---..-

The Lord Chancellor has just issued the following
order for regulaiing the fees to he taken in the case
of joint stock companies wound up in this court
under the 70th section of 19 and 20 Vict. (the
Joint Stock Companies Act.)

" GENERAL ORDER,

"Made in pursuance of the Joint Stock Companies
Act, 1856, Sec. 100.

"Saturday, August 1, 1857.

" The Right Honourable Robert Monsey, Lord
Cranworth, Lord High Chancellor of Great Britain, dotb
hereby, in pursuance and execution of the powers given
to him by the Joint Stock Companies Act, 1856, and of
all other powers, enabling him in that behalf, order and
direct that the following fees shall be paid in manner
hereinafter mentioned in respect of proceedings taken
under the third part of the said act, for winding up a
company in the Court of Bankruptcy. .
"let. That the velum, parchment, or paper upon
which every document enumerated in the schedule to
this rule is written or printed, shall bear the stamp duty
set opposite to such documents respectively, in such
schedule, and having the word bankruptcy' impressed
upon every such stamp, provided that where any such
document shall consist of more than one sheet, only the
first sheet thereof shall be impressed with Hach stamp.
• '8 SCHEDULE.
Every petition to any Court of BAnkruptcy in
England by a creditor, or c )ntributory for
the winding up a company • £lO 0 0
Every order of the Court of Chancery for
winding up a company, which shall direct
the subsequent proceedings for winding-up
the same, to be had in any Court of Bank-
ruptcy in England
Every application for search for petition, or
other proceeding (except search for the ap-
pointment of any sitting or meeting)
Every alLcatur by any officer of the Court for
any costs' charges, or disbursements ; where
any such bill of costs shalt not exceed Si ... 0 1 6
Exceeding £5 and not excceedieg £lO 0 2 6
.9) f t
10 20 0 5 0
20 30 0 7 6
$ 30 ~ 50 010 0
1,
If If 50 100 0 15 0
100 If 150 1 0 0
/7 ft 150 200 1 10 0
200 i) 3!)0 2 0 0
„ 300 500 3 0 0
„ 500

" 2d. That the official liquidator or official liquidators
of each company shall. before the audit or pa,•siug of his
or their account, pay into the Bank of England to the
credit of the accountant in bankruptcy to the account
intituled "the chief registrar's account," the following
per centage on the gross produce from time to time re-
ceived by him or them of the estate of such company
or the calls made on the contributories thereto, that
is tway—
Upon the first monies of such gross
produce not exceeding 5001 .£5 0 0 per cent.
Upon all further monies of such
gross produce above 5001, and
not exceeding 5,0001..., 3 0 0 „
Upon al further monies of such
gross produce above 5,0001 , and
not exceeding 10,0001 2lO 0 If
Upon all further monies of such
gross produce above 10, 000/ , and
not txceediog 20,0001 1 0 0
PP
Upon all further monies of such
gross produce above 20,0001., and
not exceeding 30,000/ 1 10 0
Upon all further monies of such
gross produce above 30,0001 0 5 0 „
" 3d. That there shad be paid to the house registrar.
of the Court of Bankruptcy, London, the following fees,
that is to say—
For every sitting or meeting under each peti-
tion or order for winding up a company ... 40 10 0
For the registry of every such meeting or
company
For every search out of office hours in the
house registrar's office, except by order of
a commissioner

" 4th. That all such fees shall be payable by the same
persons and at the same times, and shall be in all re-
spects applied and shall be subject to the same practice
and orders as fees of a similar character taken in ordi-
nary proceedings in the Court of Bankruptcy.
CRANWORTEE, C:'

THE POST-OFFICE IN INDIA.--A 'lett. from Meerut,
dated the 14th of June, states that, in consequence cf
several post-office employes being implicated in the insnr-
recrion, letters have been abstracted from the bags, and
great irregularity has arisen in the transmission of the
mails. Toe non-receipt of letters from relatives in that
Part of India may therefore in some measure be owing
to these circumstance&