The Sun.
London, England, 1857-06-03 00:00:00

SHIPPING RETURNS.

The shipping statistics of the Board of Trade for the
month ending the 30th of April show a falling off in the
number of arrivals, owing to a long continuance of ad-
verse winds. The clearances present an increase com-
mensurate with that in the declared value of our expor-
tations. Subjoined are the general figures :
Entered inward :

r. .

TONNAGE FOR APRIL.
1855. 1856, 1857.
British vessels 269,003 441,290 372,086
United States' vessels 110,187 128,324 91,145
Other countries 86,261 118,612 174,845

4'5,451
688,226 638,076
The clearances outward were :

' 1855. 1856. 1857.
•
British vessels 480,725 573,W7 581,793
-United States' vessels
Other countries 119,425 177,. 65 262,571

715,725 854,292 952,539
With regard to the coasting trade, it appears the
tonnage entered inward was 1,028,357 in April, 1855 ;
in 1856 it was 1,036,261; and in the present return
it 6 1,108,256 , including 37 foreign vessels, of an ag-
gregate burden of 5,389 tons. The clearances out-
ward were 1,087,478 in April, 1855 ; 1,100,153 in
1856 ; and 1,326,244, including 2,212 of foreign, in
1857.

THE RE2RESENTATIOT OF LEEDB.--The deputation
from the. Conservative Association, which went up to
London on Saturday, returned to Leads on Monday
afternoon. An interview was had with Mr. Cardwell ;
but, while thanking the deputation for the honour done
him in giving him the invitation, he declined to stand as
a candidate. This decision Mr. Cardwell said he bad ar-
rived at hi consequence of'his present position in respeqt
to the Oxford election petition. He considers himself
pretty certain of unseating Mr. Neate, who was returned
for that city at the late election, and he therefore declines
contesting an. important borough like Leeds. Another
meeting of the Conservative' party was held on Monday,
afternoon. The names of several gentlemen were men-
tioned, and their relative merits canvassed ; but it
was ultimately agreed to place George Skirrow Bee-
croft, Esq., of Kirketall, in nomination. Mr. .Beecroft
was the chairman of Mr. Robert Hall'aconanittee at the
recent election, and has long been identified with the
conservative cause in Leeds. On Monday night, Mr.
Beecroft published his address, in which he says his poli-
tical principles are those of a moderate conservative.
During Monday, Mr. Mills addressed several ward
meetings. A placard was extensively posted in the town
on Monday at noon, calling upon the electors not to
pledge themselves to Mr. Mills, inasmuch as the meet-
ing of Saturday was not properly constituted. Even if
it bad been a fair meeting, the bill goes on to say, it
could not be held to pledge the liberal party to vote for
Mr. Mille. The circulara of admission to the coloured
Cloth Hall Yard are further stated to have either not
been delivered at all to the electors, or to have been
delivered when they were to.late to be of service. Con-
siderable excitement prevails in the town, and it is not
unlikelythat another liberal candidate may yet he started.
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LATV- INTELLIGENCE.—Junet 2.

COURT OF CHANCERY.

(Before the Lord Chancellor and the Lords Justices

of Appeal.)
IN BANKRUPTCY.
IN RE THE ROYAL BRITISH BANK.-.-HARDING V.
GREIG.

This part-heard appeal from an order of Mr.
Commissioner Goulburn, opened on Monday last,
was this morning resumed. The short facts of the
case were that John Peter M'Morland Greig, cabi-
netmaker, of Bartlett's-buildings, Holborn, was at
the time of his bankruptcy a holder of 16 shares in
the Royal British Bank. A proof was tendered
against his estate by Mr. Harding, the official ma-
nager of the bank, for a sum of 1,2001., being the
amount of the call of 751. per share made on the
10th of January last on the shares held by the
bankrupt, who had been placed on the list of con-
tributories. The Commissioner, on the 2d of May
last, rejected the proof on the ground that the bank-
rupt had never been legally put upon the list of
contributories. It appeared that the list in the
first instance, had been made out by Mr. Pugh, the
chief-clerk of Vice-Chancellor Kindersley, but
afterwards signed by the Vice-Chancellor ; and the
Commissioner was of opinion that, under these cir-
cumstances, the list must be taken to have been
settled by the Chief-Clerk, a ministerial act he was
not competent to do under the statute appointing
him (the 15th and 16th of Victoria, cap. 80). From
this decision the official manager appealed. Upon
the opening of the appeal the Court intimated their
decided opinion to be that the order of the Vice-
Chancellor could only be got rid of by a re-hearing
before the Vice-Chancellor or by an appeal to this
Court. At the same time an opportunity was
given to the assignees of Greig to move this Court
in Chancery to discharge the call upon its merits,
under the usual risk of having to pay the costs if
unsuccessful. This offer they declined, and there-
fore the appeal was placed in the paper to be dis-
posed of.

- The Lord Chancellor and Lord Justice Knight
Bruce repeatedly pressed upon Mr. Daniel that the
only way in which the assignees of Greig could be
relieved from the call was by moving under the Wind-
ing-up Acts to discharge the order of the Vice-
Chancellor upon its merits. At the same time it
was a misapprehension to suppose this Court could
dismiss such application with costs out of the bank-
rupt's, estate, as the estate was in bankruptcy. Any
question as to the payment of costs out of that estate
must be raised before the Commissioner in the first
place, and afterwards it might be brought here by
way of appeal. _ _

Lord Justice Knight Bruce—We are now sitting
in bankruptcy, and we all agree that the claim of
the official manager must be admitted as a proof,
unless the assignees of Greig elect to have the ques-
tion of the propriety of the call discussed on appeal,
which they must do at once. The order of the
Vice-Chancellor is a subsisting one until discharged.
The Lord Chancellor—The proof must be ad-
mitted.

BAIL COURT.
READ V. !LUKER.

Mr. Edwin James and Mr. P etersdorff were
counsel for the plaintiff ; Mr. noggins and Mr.
Baylis for the defendant.

This was an action to recover a sum of 401. for
money paid by the plaintiff for the defendant.
The defendant pleaded never indebted, and that
the money was paid as a reward for betting on cer-
tain horse-races, which was contrary to the Act of
Parliamen+.

Mr. James said the plaintiff was compelled
to bring this action against the defendant,
who was rather fond of betting on horse-races,
and, like some other persons, when he lost he
did not pay. The defendant asked the plaintiff
to make these bets for him, and wrote to
him, asking him to bet 8001. to 201. against the
Prince of Wales for the Derby of 1855, 300/. to
101. against Rotherham for the Chester Cup, and
400. to 101. against Mark Anthony for the Chester
Cup. Tne plaintiff made these bets and lost, and
paid the money. The defendant did not pay the
plaintiff, but wrote to him, begging him to ad-
dress all letters of the kind to him at the Conserva-
tive Club, as betting letters did not agree with his
place of hilliness ; and he subsequently wrote say-
ing that he had become bankrupt.
Evidence to this effect having been given by the

- Mr. Justice Wightrnan said, the facts of the plea
were now proven', and the question, therefore, was
one of law as to whether the case came within the
statute.

The counsel on both sides submitted their views
to the Court.

Mr. Justice Wightman thought this could hardly
be a contract between the parties for gaming. The
plaintiff was not bound to pay the winner, but did
so because he would not be a defaulter.
Letters were put in froth the defendant to the
plaintiff, stating that if it had not been for his un-
fortunate circumstances he should have been
,pre-
pared to pay the bets .; but should he ever obtain
the money he would pay the plaintiff what he had
paid in executing his commissions. He offered to
sign an I 0 17 and date it before the bankruptcy,
so that the plaintiff might prove under the bank-
ruptcy for money lent.
The plaintiff, in cross-examination, said, the bet
was made without any commission or reward.
Mr. James submitted that that answer disproved
the plea.

Mr. Hoggins submitted that on the contrary that
entitled the defendant to a verdict, as it brought
the cause within the authority of cases which had
been determined,

Mr. Justice Wightman said, the letters abun-
dantly showed a recognition, and that the money
had been paid at the request of the defendant. The
verdict would, therefore, be for the plaintiff, with
liberty for the defendant to move to enter a verdict
in bis favour.
Verdict for the plaintiff.

COURT OF COMMON PLEAS.
PAIN V. BATCHELOR,

Mr. Brandt appeared for the plaintiff ; and Mr.
O'Malley, Q. 0., and Mr. Keane were for the de-
fendant.
The plaintiff keeps a coffee-shop in Somers-town,
and the defendant is a costermonger and cat's-meat
seller, carrying on business in the same neighbour-
hood, and this action was brought to recover da-
mages for certain slanderous words alleged to have
been used by the defendant respecting the plaintiff.
It appeased that for some two years back the
defendant, who had conceived a dislike to the
plaintiff, had frequently and in public accused him
of selling poisoned coffee, of being a thief and a
swindler, and of a crime of a beastly nature, which
he alleged that Mr. Paiu had committed habitually
with a Mr. S-. On Sunday, the 9th of Nov.
last, the defendant went to the plaintiff's house,
and in the presence of Pain and some of his ens-
' tomers reiterated all the accusations which he had
been in the habit of making to others. A. police-
man was sent for and he eventually left. On the
11th Mr. Pain issued bis writ. Since the action
was e9mmenced the plaintiff's business has gone
down, and his friends have looked shily on him ;
but as these circumstances occurred after the 11th,
it was ruled by the learnel judge that they could
not influence the jury assessing damages, Mr.
Brandt urging that what took place after words
were uttered was evidence of the tendency of those
words.

Mr. Keane, who addressed the jury for the de-
fence, said that the defendant's language was not
calculated to damage so respectable a man as the
plaintiff appeared to be, that it was mere vulgar
abuse, and as such to be despised. He then called
the defendant and some other witnesses, who said
that Pain had accused Batchelor of being a " fence,"
and that Batchelor used no bad language to Pain,
but merely said " Your father bad 18 months, your
brother cut his throat, and if you have rope enough
you'll hang yourself." '
Mrin summing up to the jury, again
said ilia O'Malley,theabe of a foul-moutheilcostermonger
would not hurt the character of a man like Pain.
Mr. Brandt, in reply, said that if a man-indulged
in the luxury of bad language he must pay for it,
and not shelter himself under the cloak of a black-
guard, especially when he brought such serious
charges against a man as that of having been guilty
of the most disgusting crime which could be coin.
witted.

Mr. Justice Crowder was about to sum up, when
The foreman of the jury 'said that they were all
agreed upon their verdict.
The learned judge having explained shortly the
points for their consideration, they returned tt ver-
dict for the plaintiff. Damages, 50/.

COURT OF BANKRUPTCY.
(Before Mr. Comnaissioner Holroyd.)
IN THE BANKRUPTCY OF -- RYDER—SPECULATIONS
IN CONSOLS—REFUSAL OF CERTIFICATE.
This case has been before the Court since April,
1856. The certificate meeting:was held a few days
ago, and thelcaso was then fully reported in this
journal. His Honour upon, that. ccasion deferred
ess trading, having
The main charges
aggi vaiinngsti judgment this
wil
etrhise_draeye.k
' improperly contracted a debt with the trade as-
signee (Mr. Warner); and with having speculated
on the Stock Exchange, and so losing more than.
201. in one day.
The Commissioner, in an elaborate written judg-
ment, stated in substance that he considered the
charges had been proved—that the bankrupt,
though he 114 d not brought himself within the fiat;