The Sun.
London, England, 1857-08-24 00:00:00

THE SUN, LONDON, MONDAY'

had been occupied in ;bringing about an arrangement
that would take two years to complete ? (Laughter.)
Mr. WILSON said the act under which the arrange-
ment was made was passed in 1855, and he entered into
details to show that the Government had lost no time
in bringing it about.
THE LOSS OF THE TRANSIT.

Mr. HENLEY asked the noble lord (Lord Palmer-
ston) if the Governmentlbad received any further infor-
mation relative to the loss of the Transit I
Lord PALMERSTON said he bad received no ether
information relative to the occurrence than the confused
telegraphic dispatch which reached this country a few days
since.

THE 51ST REGIMENT.
Major KNOX asked if any answer had been given by
.he War-office to a memorial from the officers of the
51st Regiment, praying that their field allowance during
the late war might be paid to them ?
Sir J. RA.MSDEN said that he was at first under the
impression that no answer had been sent to the memo-
rial, but on inquiry he found that it was sent more than
a month ago, but by mistake it was addressed to the
officer commanding the 38th, instead of the 51st Regi-
ment. (Laughter.) He had applied to the former to
knew if it had been forwarded to the latter, but had as
yet received no answer. He would, however, take care
that it should be forwarded to the 51st.

THE TRANSPORT OF TROOPS ACROSS THE
ISTHMUS OF SUEZ-ATLANTIC CABLE.

Mr. D. GRIFFITHS asked if her Majesty's Govern-
ment had any intention of making use of the remaining
part of the Atlantic cable to improve the communication
with Alexandria ; and, also, whether it was true that the
Paella of Egypt had consented to allow the passage of
troops across the Isthmus of Suez, and if her Majesty's
Government intended to take advantage of it
Lord PALMERSTON said that the cable was not
the property of her Majesty's Government and could
not be without a vote of that house sanctioning the pur-
chase. Without venturing to give an opinion on the de-
sirability or not of so doing, hs should remind the hon.
gentleman that it was impossible to make such a propo-
sition at that period of the session. He was not aware
that application had been made to the Pacha of
Egypt for permission to transport troops across the
Isthmus of Suez, and said that on a former occasion
when such permission was granted the passage of troops
was attended with considerabledifficulty and expense.
CAVALRY BARRACKS.—HYDE-PA

Mr. KER asked the -Under Secretary for War:whe-
ther, there was any intention of removing the Cavalry
Barracks at the Kensington-gate of Hyde-park ?
Sir J. RAMSDEN said there was, 'as soon as another
site could be obtained.

IRELAND.

DUBLIN, SATURDAY MORNING.
THE HARVEST.

Since 1826 there has not been so favourable a
season as the present, and a week or so more of the
brilliant weather we have had during August is all
that is now wanted to realise the prospect of an
early and abundant harvest. There are no longer
any complaints of failure in the potato crop, the
symptoms of blight which had shown themselves in
some localities in the course of last month having
quite disappeared. The following report is ex-
tracted from the Cork papers of yesterday :
" This week has been for harvest purposes all
that could be desired. A little rain, indeed, fell
in the early portion, but for the most peat we have
had days hotter than we experienced since the
summer began. The golden tinge which only
showed upon the corn fields a short time ago has
now been exchanged for the brown stubble. Not
only have the grain fields ripened in abundance and
healthiness great,,r than has for a long time been
remembered, but they are coming to a maturity
' with a rapidity that took farmers almost by sur-
prise. The consequence is that the harvest bas
been gathered in with extraordinary rapidity, and
a tremendous amount of new corn has been added
to our granaries within the past week. We are
happy to be able to say that Kerry has almost en-
tirely escaped the blight which atacked the crop in
the county of Cork, the only place there affected
being a limited locality in the neighbourhood of
Dingle. The green crops which were a short
time ago in a very bad state have recovered a good
deal under the influence of the recent rains."

Mr. James Clapperton, an eminent practical agri-
culturist, ia, his last weeky report in the Leinster
Express, slys _

t‘ A greater, a more sullen, or a more general
revolution in harvest operations was, perhaps, never
before witnessed in any kingdom than is being'
laudably manifested iu Queen's and Kildare coun-
ties at the present time, or a more who'esome tone,
a more energetic or a more enterprising spirit could
scarcely pervade the face of the agricultural com-
munity than is being practically exemplified from
gentlemen of exalted rank down to the smallest
farmer. Gentlemen, stewards, farmers, and, in not
a few cases, labourers, are to be seen scouring the
country from one gentleman's demesne to another,
anclfrom one farmer to another, to ascertain where
the harvest operations are being carried into effect
with the greatest efficiency, upon the cheapest scale,
with the greatest despatch, and with the least un-
necessary expenditure of physical power."
DUBLIN, SUNDAY EVENING.

RE ARREST OF SPOLLEN.

James Spollen was re-arrested ILIA night at his
lodgings in Exchange-strcitt, and conveyed by the
police to the station in Green-street. He is to be
brought up to morrow morning at 11 o'clock on a
charge of robbing the late, Mr. Little. Spolien con-
fessed to be greatly astonished at his recaptare.

RAILWAY INTELLIGENCE.

EAST KENT.

The half-yearly report by the, directors has just
been issued. It says :

" Since the last general meeting the works on the line
have been steadily progressing, and between Strood and
Faversham are drawing rapidly towards completion.
Although some delay has taken place, owing to unex-
pected difficulties which have arisen at the Strood end of
the line, still the engineer sees no reason to depart from
the expectation which he expressed in his last report of
the line being ready for traffic in the autumn of this year.
The arrears of calls appear large, but this is owing mainly
to the forfeited shares still in the hands of the company,
which the directors do not think it prudent to issue in
the present state of the money market. In accordance
with the opinions expres-ed by the shareholders at the
last general meeting, the board proceeded with thetioill
for an extension of the East Kent line from Strood to
St. Mary's Cray, in conjunction with the West End and
Crystal Palace and Mid-Kent (Bromley to St. Mary's
Cray). It will be in the recollection of the shareholders
that this measure was considered necessary in order to
the due conveyance of the Continental and East Kent
traffic which will come from Dover over the East Kent
line, and which it is admitted by the South Eastern their
North Kent line will be unable to carry. It had the
further object of securing a West-end Terminus for the
traffic to and from Rochester, Chatham, Canterbury,
Ramsgate, Margate, Deal, Dover, and the Continent.
It would likewise have carried out the views of the
Government so often expressed in favour of an inland in•
dependent line to Dover. The South-Eastern, at the same
time, were promoting a line from Dartford to the Green-
wich Junction, for the purpose of partially effecting
only one of these three objects, namely, the relief of the
North Kent, at a cost nearly, if not quite equal, to the
more comprehensive measure. The directors have to
report that the committee of the House of Commons
declared against the East Kent Bill, and granissd
that of the South-Eastern, on the ground that " the
competition which would be created by the former would
be very injurious to the South-Eastern," thus appear-
ing to ignore altogether the policy of Parliament, which
had already passed the East Kent Extension Bill, in
1855, with the avowed object of supplying a second and
independent line to Dover. The committee, however,
acknowledged the importance of the object contemplated
by the East Kent of securing a West-end terminus, by
exacting a pledge from the South-Eastern directors, as a
condition of passing their bill, that they would call their
shorehelders together, and propose to them to come to
Parliament next session for the purpose of obtaining a
West-end terminus. The committee, in considering this
bill in connection with that promoted by the East Kent,
have adopted the opinion enunciated by the sth report
of the select committee on railway and canal bills bear-
hag date July 8, 1853. The committee believe that the
competition which would be created by passing the bill
now brought before it by the East Kent would be
greatly prejudicial to the South-Eastern. That the
South-Eastern has constructed expensive works autho-
rised by the Legislature for public use, and that such
clear grounds of public policy have not been adduced as
to justify the committee in further diminishing the re-
sources from which their just remuneration was to
spring." The passage referred to in this report, and
which was contained in the South-Eastern's petition
against the East Kent bill, forms only an imperfect ex-
tract from a paragraph in Mr. Cardwell's report of 1853,
which was made before the passing of the East Kent
Act in 1853, and two years before Parliament
found it necessary to establish a principle of com-
petition for the continental traffic by granting the
East Kent extension to Dover. The whole para-
graph is as follows, that part. referred to by the com-
mittee of the House of Commons in their special report
being
in the
in italics :—" As regards territorial divi-
sion the high meaning attached to those words by
some of the witnesses, amounting to an assumption that
a concession of a certain territory should be made in a
particular company, and the faith of Parliament be
pledged against the intrusion of any rival within the
circle so prescribed, your committee are satisfied that
no such engagement can in reason be asked for from
Parliament, nor would it be of any enduring value if it
were given ; the only security which any company can
obtain for the undivided possession of a particular dis-
trict is the maintenance of such relations with the in-

habitants of that district with Parliament, the guardian
of the general good, as may render the continuance of
that exclusive possession consistent with an enlightened
regard t 3 the wants and interests of the public. Your
committee consider that the principle heretofore esta-
blished at law, that au Act of Parliament constitutes an
engagement between promoters on the ono side and the
public on the other, is a principle deserving more con-
sideration than it hitherto obtained as a guide to future
legislation. Tnis principle rightly understood conveys
to the promoters no right that their privileges shall be
exclusively maintained when they cease to be consistent
with the general advantage, but it does imply that
having been authorised by the Legislature to construct
expensive works for public use, the resources from
which their just remuneration was to spring shall
not be taken away upon any other than clear grounds
of public policy. The directors considering that the
decision of the committee of the House of Commons
was at variance with the views of the Legislature and

Government, and most unjust to the East Kent as welt
as to the publics, determined to appeal against it to the
Upper House of -Parliament. In this determination
the directors were fortified by the strong expressions as
to the impolicy of the decision of the committee, which
fell from many independent members of the House
of Commons on the third reading of the South-
&stern bid. A petition was therefore presented
to the House of Lords in the name of the East Kent,
praying to be hoard against the South-Eastern bill, and
that it might be rejected. The South-Eastern having op-
posed the right of the East Kent to be heard, the Lords'
eammittee decided that they were entitled to be heard
against the bill, but also to set up as against the South-
Eastern line the extension line from Strood to St. Mary,
Cray rejected by the Commons. After hearing the evi-
dence of Lord Sondes and Mr. Lushington, the com-
mittee of the House of Lords—impressed no doubt with
the arguments urged by this company of the impolicy of
granting a monopoly to the South-Eastern, and thus per-
forming the circuitous route by Reigate and Ashford to
Raresgate, Margate, Dover, and the Continent, of the
great national importance of an independent and direct
line between Canterbury and Dover and the metropolis,
of the great public advantage of a West-end terminus,
herd of the convenient mode and small expense at which
these objects would be secured by the proposed East-
Kent extension—reversed the decision of the House of
Commons and threw out the South-Eastern bill. This
decision, wiiile it materially supports the views and
strengthens the case of the E ts.t-Keat, leads to the Con-
viction that Parliament will not sanction the whole of
the Continental and East-Kent traffic being in the hands
of a company who have a direct interest in carrying it
over their own circuitous route by Reigate and Ash-
ford to the city, instead of over a route not materially
longer than the old coach road ti the aty and West-oral.
The directors consider that the principle has now
been affirmed that the East Kent ought to have an
access to London from Strood independent of the Sow.h-
Eastern. The bill introduced ,by the board fur an ex-
tension' of time for the purchase cf land for the Dover
Extension line till August 1858 has received the royal
assent. The directors are making the necessary arrange-
ments with a view to the speedy cpenirg of- the line.
The necessary rolling-stock has been ordered, and a con-
siderable portion of it is now ready for delivery. The
engineer's report expresses an opinion that a considerable
I portion of the line may be opened in October. The ac-
counts show a total receipt of 457,669/. and an expendi-
ture of 446,4261.—1eaving a balance of 11,2431. The
wears of calls on 630,0001. is stwed at 243,3051. On
the Dover Extension line the receipts have been 52,7291.
and the expenditure 44,209/ , showing a balance of
8,5201. The arrears of call on 87,5901. are 41,022/.

LAW INTELLIGENCE, Aug. 22,

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Fane.)
IN RE THE SURREY GARDENS COMPANY (LIMITED).
This was a meeting to obtain an adjudication on
the petition of Mr. Horace Jones, architect, a share-
holder, praying that an order absolute may be made
for winding up the above company.
Mr. Roxburgh appeared for Mr. H. Jones (in-
structed by Mr. A. Jones, solicitor); Mr. Bagley, Mr.
Linklater, Mr. Chidley, Mr. George, Mr. F. W.
Chappell, Mr. Fleming, and Mr. Coombe a'so ap -

pearea. in the case.
An original printed prospectus headed " Private
and Confidential" sets forth that the company
(limited) will be formed with a capital of 40,0001.,
in 4,000 shares of 101. each, and that the commit-
tee of management, until the choice of directors,
are—Wm. Beale, Esq., 201, Regent-street • S.
Arthur Chappell, Esq. , 214, Regent-street ; T. K.
Holmes, Esq., 18, Fluyder-street ; George Bain,
Esq., 18, Parliament-street ; James Coppock, Esq.,
3, Cleveland-row, St. James's • and James Wyld,
Esq., Charing-cross. M, Jullien is named as the
diregtor of music and conductor, Howe Joliet,
Esq., of 16, Furnivals-inn,, as the architect, and
William Ellis, Esq., of 25, Golden-square,. as the
secretary pro tern. of the company.
The prospectus proceeds to set forth among other
advantages offered by the company the following
The gardens in the hands of a single proprietor
have for more than 25 years been patronised by
Royalty, Asc., but it is clear, from the great success
of last season, that much larger results may be
achieved, and that the public require accommoda-
tien beyond that which any single proprietor would
venture to give. The application of capital, with a
liberal but judicious outlay, is imperatively called
for ; and now, by the Limited Liability Act, no
danger can accrue to the parties supplying it. Ar-
rangements have been entered into with the pre-
sent proprietor. Not a moment will thus be lost
in making preparations for the next se sson and in-
suring the large return that must inevitably follow.
All preliminary expenses and the outlay which a
new concern would demand will thus be avoided,-
and if the business of the gardens be carried on with
only the usual preparation more than a 5 per cent.
dividend on the capital employed may with certainty
leo calculated upon. It is proposed to erect build-
ings of a character and magnitude to command the
attention of the public, comprising a music-hall
capabl eof accommodating 10,000 people. To this will
be added saloons for refreshments, conservatories,
aviaries for the display of beautiful and rare birds,
and aquaria for marine plants and fishes, while ex-
hibitions of various kinds will be introduced, afford-
ing amusement to promenaders. As a guarantee
that the music will be of the highest order, the
eminent services of M. Jullien have been secured,
on advantageous terms, for a period of five years.
The orchestra will be on a grand scale, and vocal
talent of the very highest order will be engaged.
The artistic departments of paintings and fireworks
will-be confided to the most celebrated men, and
refreshments of a quality hitherto unequalled will
be supplidd at moderate prices." A beautiful litho-
graphed sketch of the gardens (appended) is next
referred to. Not more than 10 per cent. dividend
will be " allowed" to b 3 paid in any one year, and
" the surplus will be set aside for a reserve fund
from which the entire capital of the shareholders
may and will be repaid." Shareholders may, in
lieu of receiving a share in the annual profits, have
a personal ticket of admission for five years, with
full reservation of right to share in the " surplus"
to be then divided. The prospectus goes on to
state that "no commercial enterprise of the day
affords such certainty of success with so large a
profit. The promoters have carefully avoided all
exaggerated views ; application for shares may be
made to the Secretary, at 23, Golden-square, or to
the committee of management at their residences.
A. large portion of the capital is already subscribed.
Early application for shares is necessary, and im-
mediately upon the allotment a general meeting of
the shareholders will be called to appoint the direc-
tors, solicitors, and other officers of the company,
thus avoiding favouritism, and insuring a direction
possessing the confidence of the shareholders."
Mr. Roxburgh, on applying on behalf of Mr.
Jones, the architect of the company, for an order
for winding up, said that the prospectus. of the
company was put forth in March, 1856. Out
of the required number (4,000) 3,740 shares were
applied for. Of these 3,256 shares were taken up,
which gave the company a capital of 32,5601. to
commence business with. The whole of that
capital was lost, and there were now diets to the
amount of 26,0001., of which 14,5001. were secured
by a mortgage of the Music-hall, &a., and the re-
mainder, 11,5001., was wholly unsecured. The
potialoner (Mr. Jones) was the holder of 20 shares,
upon which the 200/...had been paid up. Ile was
I also a creditor for 1,1001.
Mr. Chappell, for certain shareholders, doubted
whether an order for winding up would be valid
on Mr. Jones's petition. Mr. Jones having pa'd
up the full amount of his shares, he could not be
said to be a contributory, and he petitioned for a
winding-up order as a contributory. Mr. Chap-
pell referred to the 65th clause of the Act.
The Commissioner-1' ou say that calls cannot be
-made upon lihn, because he has paid everything
Mr. Chappell—Yea.
Mr. Roxburgh referred to the 67th clause of the
Act, sections 4aud 5, in support of the petition.
' The Conimisdoner observtd that it would be
slrange if an honest shareholder, who had paid up
every farthing on his shsres, should be precluded
from petitioning as a contributory. He might by
so doing be able to gat something back.
Mr. Chappell submitted that if the petit7on were
allowed, creditors would have no voice in the mat-
ter, as the shareholders could elect the official
liquidator.
After some discussion the Commissioner said he
would cut the Gordian knot by admitting Mr.
Jones to be a petitioner. He could not conceive
that the Legislature had ever int:ivied to preclude
him from being a petitioner under the circum-
stances brought under his notice.
Mr. Fleming said the present proceedings came
on some of the shareholders like a thunderbolt,
and that he had been reqhested to present a me-
morial to his Honour as a2recd to ysterday at
a public meeting of shareholders and creditors.
Mr. Fleming handed up a memorial, of whick the
subjoined is a copy
"This memorial showeth
"That Mr. W. Tyler was lessee of certain ground and
premises
at walwarth, and he there conducted, in a
very reTectable way, Z a logical Gardens, hut that for
the laat two or three years of his tenancy it turned out
an unprofitable undertaking.
" That he became indebted to a considerable amount
to James Coppock, one of the directors of the company
called the Royal Surrey Gardens Company, who became
mortgagee of the premises, or in some other way was
beneficially entitled thereto.
" That for about 18 months previously to the year
1855 the lease and premises were in the market for sale,
and several parties treated for the same, but no sale was
effected.
"That in the latter part of the year 1855 a company
was formed, called the Royal Surrey Gardens (Limited),
of which the said James Coppock was one of the regis-
tered promoters, the said Mr. Tyler was appointed
manager, and the petitioner, Mr. Horace Jones (who
now seeks to wind up the company), was the architect,.
" That a company was readily formed, and in the
month of March commenced their buildings and laying
out their grounds at an outlay of about 25,0001.
" TLat at a meeting of shareholders in October, 1856,
a dividend of 10 per cent. was declined out of the profits
said to be made in a period of 10 week=, during which
time the gardens had been open, and the account marked
A* hereunto annexed was then circulated among the
shareholders.
"That in A pril last a second meeting was called upon
the following notice, without any account being sent
with it :
" ' Notice is hereby given, in pursuance of the deed of
settletneut of this company, that the second ordinary
general meeting of shareholders will be held on Thurs-
day, the 2d day of August proximo, at the Royal Surrey
Gardens, at two o'clock in the afternoon precisely.'
• "That from the wording of the above notice, and in-
timation given to the shareholders that nothing but the
ordinary business, such al the arrangement of the enter-
tainments and the opening of the gardens, would be
under consideration, several shareholders did not attend
who would otherwise have done so, particularly if it had
been known that a-i account affecting the validity of the
undertaking woul I have been brought forward.
"That at this meeting the shareholders were kept in
the large concert-room until the time appointed for the
meeting had tanked, and they were then shown into an
adjoining room; where a pleutiful supply of sandwiches
and wine Wile spread upon a counter, and at one end
was laid a handle of accounts, one of which marked B*
is hereto rxhibitci, and which accounts were not distri-

* The schedule A, referred to in the preceding document
purports to be au account of receipts an 1 payments fur the
season commencing July 15 and ending OA. 1, 1853. The
account states that the cash pail for music, vocalists, sala-
nos, and all charges for current expenses connected with
the gardens is 104,1';81.. ss. 3(1., which with 9081. is. 91
owing on current expense account, leaves a bAanco profit
ou the season of 1,9161. is. 11(1.; the cash received for ad-
mission to the various Performances hiving been 12,6391.
18s. 5d., and the. casb, received from cigar, champagne, and
refreshment rooms, 71-:1; 15s. total, 13,3521. 14s. ld.
• The schedule 13 .referred to purports to be a general ba-
lande sheet 'to ale. 31, 1856. It shows capital paid up,
3),4931.; amount rnceivcd-for admission to gardens, &c.,
ga
13,6141. 4s. ld.; 'amount received- for surplus stores, 5191.
9d.; from creditors-at on loan, 5,080/. 12s. 3d.; total,
49,-708/. 45.. id,.. A in this aMQ
unt there were: —By
pr9p.erty-amount paid for gardens, 11,000/4 on construc-
tion' account, 196781. les. 9J.;. preliminary expenses,
3,1751. lis.; current expenses, 11,6i31. Is. (including AI.
Jtillien's salary, 1,2301. •; vocalists, 1,0401,; band, 2,4471:;
fireworks, 1,34 'earth 1,160/. Bs, 7d. in hands of
bankers; total, 49,7081. 4.4. ld. To this account is affixed
the certificate of J. Weston, auditor,. that b.. 9 " has exa-
mined the same, finds it collect, 441. hereby confirms pie
same," - •