The Sun.
London, England, 1857-01-28 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, JANUARY 28, 1857.

IRELAND.

TILE LATE DUKE OP RUTLAND AS A

LAW INTELLIGENCE.—Jan. VT.

SPORTING MAN.

DUBLIN, TIJEGIOAY MORNING♦.

THE CIIITRCH.

The Rev. John Gregg, of Trinity Church, Gar-
diner's-street, has been appointed by the Lord-
Lieutenant to the archdeaconry of Kildare, vacant
by the elevation of Dr. Fitzgerald to the see of
Cork. The emolument derivable from this appoint-
ment is so trifling that it will require several years
of the income to pay the fees of instalment. The
rectory of Monkstown has not yet been filled. Dr.
Fitzgerald preached at his church there on Sunday.
If Lord Carlisle were to consult the wishes of the
parishioners of Monkstown he would find them
most desirous for the promotion of their senior
curate, Mr. Rooke, a hardworking, zealous and
talented minister.

The Duke of Rutland died full of honours and full of
years, at Belvoir Castle, on Tuesday last. He had out-
lived the three score years and ten indicated by the
Psalmist as the period of human existence, and had
attainei the ripe age of 79. He was under ten years
of age vhen he succeeded to his dukedom, which he held
for the unprecedented period of nearly 70 years.
The late Duke of Rutland took no prominent part in
political affairs. He was, however, a cordial and earnest
supporter of his party, and a conscientious and consis-
tent adkerer to the Tory interest. As a humane and
liberal landlord he won the esteem and veneration of his
tenantry; and, as a generous and cordial pa'ron of field
sports and the turf, be obtained the respect and love of
all classe- and h)nditions of people. He associated freely
with the tenantry and the paasants on his estate is Lei-
cestershire, and was ever ready to promote their welfare
and recreaion. In the annual race meetings held at Lei
cester, be took a lively interest ; be imparted a prestige
to them by his presence, and was wont to preside, ssith
a kindness and urbanity peculiar to him, at the annual
race ordinary; until the creeping infirmities of age ren-
dered his attendance impossible.
At Newmarket, the late Duke maintained a racing
establishment. At the outset of his turf career, which
commenced about 60 years ago, his horses were trained
on his estate at Cheveley, a village within three miles of
Newmarket, by Mr. Fenwick, and since by Mr. W. Ed-
wards; ultimately they were put under the care of the late
Mr. Boyce, who trained them about 24 years. The Duke's
stud was at no time remarkably large. It was broken up
in the year 1851, and, from that period, down to the
duke's death, the Rutland colours—light blue, purple
sleeves, and black cap—were rarely seen on Newmarket
racecourse. As late as the spring of 1855, however, we
find the last record in the Calendar of the Duke of Rut-
land as an owner of race horses. His grace was not a spe-
culator on horse.racing, but entered into turf pursuits
from pure love and admiration of the exciting sport.
He would sometimes stand 51. or 101. on a race, or back
his horses for the Derby or Oaks for 601. or 1001. The
duke possessed several good horses, including Sorcery
and liledora, winners of the Oaks, and Fandango, who
"flourished" during the seasons 1815, 1816, 1817,
1318. His principal and favourite jockey was Mr. Jas.
Robinson—" our Jem," as he was familiarly called by
his friends. The duke wai one of the earliest yearly em-
ployers of Mr. Robinson, who sported the fight blue,
purple sleeves, and black cap for a period of 36 years.
Tne greatest of the Duke of Rutland's turf triumphs
indeed are inseparably associated with the name of Jem
Robinson. Both the duke and his jockey declared Cadland
the best of the ducal stud, and turfites even now talk with
no simulated enthusiasm of the exciting dead heat for the
Derby of 1828 between Cadland and The Colonel—an
event which had never before nor has ever since occurred
for the great Epsom encounter. " Jem Robinson" rode
Cadland, and Scott The Colonel, and the exquisite skill
and judgment displayed by both the jockeys produced a
roar of admiration from the excited multitude. The Colonel
was the favourite, and for the deciding heat, 5 to 4 was
betted on him. North was pitted against South, and "our
Jem" brought the southern through in triumph. The ex-
citement produced on that occasion was only equalled by
that produced by Jem Robinson again in 1850, when he
surprised everybody by his rapid act of horsemanship and
the wonderful tact with which be brought out Russbo-
rough for the St. Leger, and repeated his Cadland achieve-
ment. The `oRussbOrough rush" has become famous,
the horse came at the finish like a flash of lightning,
and when the judge announced a dead heat, the specta-
tors seemed dumbfounded and incredulous.
In addition to the Derby, the Duke of Rutland's Cad-
land won the Two Thousand Guineas Stakes, and "The
Whip," in 15130, beating his Majesty King William the
Fourth's Zinganee. Rat-trap (whose racing career was
soddenly terminated), Flambeau (whose encounter with
St. Francis will be well remembered), and Oppidan were
amongst the duke's most ,uccessful horses, and they may
be honourably distinguished in the annals of the greatest
turf celebrities. Cadland won his first six races, and
during his career was nineteen times successful. Flam-
beau wone twenty-two races. Cadland, Oppidan, Rat-
trap, and Flambeau "scored" in the aggregate sixty-six
successes. These were considered great achievements
in those days, but they seem now insignificant, compared
with the doings of our modern Fisherman, who, in one
season alone, placed twenty-three triumphs to his own-
er's account.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Fonb:anque.)
IN RE GODDARD.-THE ROYAL BRITISH BANK.

This was a meeting for choice of assignees i❑ the case
of this bankrupt, who was described as of London-NI all,
Old Jewry, Fenchurch street, and Aldersgate, provision
merchant. The bankrupt is one of the unfortunate share-
holders of the R yal British Bank, and came before the
court in consequence of proceedings taken against him
in respect of his liabilities on account of the bank. From
the preliminary statement by Mr. J. D. Fo well, the
accountant, of Basinghall-street, it appears that the trade
debts only amount to 1601. ; and the assets are—good
debts, 100/. ; cash at banker's, 7501. ; stock, &c., 9001.
Bankrupt had held 12 old and 24 new shares, and had
been called on by the official manager for 751. per share,
and by the official assignee for 50/. per share. A long
argument ensued as to the right of a judgment creditor
agaii st the bank to prove; hut his Honour ultimately
adjourned it, and said that no doubt the question would
be settled in the superior cour,s at Westminster. As-
signees were chosen.

THE SEE OF OORK.
The Southern Reporter has the following in re-
ference to the movement on the part of the Roman
Catholics of Cork in favour of the Dean of Lis-
more :

"As it is believed, and with some reason, that the
good work of an M.P. is the open sesame' to that cave,
full of treasure, a snug place, it was thought that the in-
fluence of a certain Catholic member whe never opens
his mouth without effect in the House of Commons,
would greatly increase the chances of success of the di.
vine, whose election was ardently desired by the mem-
ber's constituency ; and accordingly, an influential con-
stituent wrote, strongly urging a visit 0 Lord Carlisle,
and a good word for the rev. friend. The reply is said
to have run thus :

INSOLVENT DEBTORS' COURT.
(Before Mr. Commissioner Murphy.)
A STRANGE CASE.-IN RE CHRISTIAN OLEFIERS.

This ins-lvent, a native of Holland, was opposed by
Mr. Sargood for Mr. Salamans, the detaining creditor,
and Mr. Reed supported.

In June, 1854, the insolvent was a jeweller, in Wig-
more-street. His wife had left him, And he had his
apprentice in prison for assaulting him. Being, as he
said, nearly mad, he left one Saturday for Holland in
the steamer, to see his only child and to ease his mind.
He left jewellery worth upwards of 3001., and some fur-
niture, in the care of a woman and two boys in his em-
ploy, whose names were Charles and Jem. He returned
in three months, and was .urprised to find the shop
closed, and only a woman in the house, whom he did
not know. He learnt from a neighbour next door that
Mr. Parsons, of Pentouville, had bought his stock, and
when he went there he saw his stock in the window.
He heard that Mr. Parsons had bought it of Mr. Gould,
the principal creditor.

" My dear —,—Let me remind you of the fol-
lowi❑g enactment, the 18th section of the Catholic
Emancipation Act, That it shall not be lawful for any
person professing the Roman Catholic religion, directly
or indirectly to advise hi■ Majesty, his heirs or succes-
sors, or the Lord Lieutenant or the Lord Deputy or other
chief governor or governors of Ireland, touching or con-
cerning the appointment to or disposal of any office or
preferment n the United Church of England and Ire-
land, or in the Church of Scotland ; and if any person
shalt offend in the premises, he shall, being thereof con-
victed by the due course of law, be deemed guilty of a
high misdemeanour, and disabled for ever holding any
office, civil or wjlitary, under the Crown.' It will be
evident to you that a Bishop of Cork must be made,
without the interference of, my dear —.
" Yours faithfully, --.'

From other evidence it appeared that the insolvent
wrote to a person named Evans, to whom he owes 151.,
to take his furniture, and whilst tnat person was taking
an inventory the traveller of Mr. Gould, one Shoesigier,
came in, and finding the insolvent bad left, took the
jewellery, which was sold to Mr. Parsons.

MERCANTILE LA IV CONFERENCE.

Mr. Commissioner Murphy, after remarking on the
extraordinary circumstance of the case, required the
attendance of Mr. Gould and his traveller, in order to
arrive at the truth of the insolvent's strange allegations.
The case was adjourned sine die.
IN RE JOHN HOLMES.
This insolvent was opposed by Mr. Sargood for a Mr.
Gray, and supported by Mr. Daley.
The object of the opposition was to get posession of
the premises rented by the insolvent of Mr. Gray, and
for the insolvent to discontinue an action he had brought
for damages, and to dismiss a bill he bad filed i❑ Chan-
cery. On the part of the insolvent it was complained
that he bad been harshly treated by Mr. Gray.
It appeared that the insolvent was a shell fishmonger,
adjoining Canterbury-hall, Lambeth, and had an agree-
ment for a lease of 21 years, from Mr. Gray. In the
lease there was a power of surrender in seven years, and
Mr. Gray required his premises. This was refused, and
the insolvent alleged that his house was injured by Mr.
Gray pulling down the next house, and since his peti-
tion the insolvent had filed a bill in equity, complaining
of the power of surrender inserted in the lease.
The case was then adjourned for a week, for the offi-
cial assignee to determine the best course to be adopted,

A preliminary meeting of delegates from the
manufacturing and commercial towns and districts
of England, assembled by invitation of the Law
Amendment Society, was held yesterday even•
ing at the rooms of that society, to make ar-
rang-ments for a conference, held this day and
to-morrow, to consider the present state of the
mercantile law, and the alterations which are re-
quired for its improvement. The conference is to
be of a similar character to that which was held in
1852 ; and the importance of its proceedings may
be inferred from the fact that there will be present
deputations from twenty-one towns, representing
town councils, chambers of commerce, trade asso-
ciatioss, law societies, and other public bodies.
Among the towns thus represented are Bath, Bel-
fast, Birmingham, Bradford, Bristol, Dublin,
Glasgow, Huddersfield, Hull, Kidderminster,
Leeds, Liverpool, Manchester (the Manchester
Chamber of Commerce, and the Manchester Com-
mercial Association), Newcastle, Plymouth, Wol-
verhampton, and Worcester. The subjects
appointed for discussion embrace the law of debtor
and creditor, including bankruptcy, the Judgment
Executions Bill and the United Kingdom Writs
Bill ; tribunals of commerce ; the registration of
partnerships • the 17th section of the Statute of
Frauds; and the Commercial Code; it being left
to the conference to make such alterations in the
order of proceedings and the arrangements gene-
rally as it may thin desirable.
The introductory meeting of last night was pre-
sided over by Lord Brougham, who has consented
to act as president of the conference ; and among
those present were Lord Stanley, M.P., Sir Fitz-
roy Kelly, and a large number of commercial dele-
gates. The attendance, indeed, at the preliminary
sitting, and the tone of the meeting indicated that
the greatest interest is felt by the commercial com-
munity in the deliberations of its chosen represen-
tatives.
The CHAIRMAN having briefly opened the pro-
ceedings, and explained that the object of the
sitting was merely to pave the way for the con-
ference,
Mr. G. W. HASTINGS, one of the secretaries of
conference, read a draft of the report of the com-
mittee, with a view to its being formally submitted
to the conference this morning.
Mr. Gumoun inquired whether it was designed
to introduce in the conference the subject of the
Scotch system of summary diligence on pecuniary
obligations.
Mr. MASTINGS intimated that that topic was not
included in the programme.
Mr. GiLmotix expressed his regret that such
I was the case. Mr. Keating's bill was, he said,
confined to bills of exchange and promissory notes.
It did not deal with money, bonds, and other
similar obligations, as the Scotch law did, and
under its provisions it was necessary in every case
to bring an action.
The CHAIRMAN said as regarded bills of exchange
and promissory notes, the substantial difference
between the Scotch law and the English law was
that the former, unlike the latter, bound the party
who gave his signature, unless he could show fraud
or duress ; in other words, the English law made
the creditor the plaintiff and the Scotch law made
the debtor the defendant.
Mr. T. RA.NRIN (delegate of the Bristol Chamber
of Commerce) thought the subject well worthy of
being entertained by the conference. Such, he ob-
served, was the operation of the Scotch law, that
there were much fewer dishonoured bills seen in all
Scotland iu a week than were seen in Bristol or
Liverpool in a single day.
The CHAIRMAN said he believed that if there
were a register kept of all bills of exchange and
promissory notes in the City of London, and if that
register were easily accessible to all who were con-
cerned in such matters, it would afford the greatest
possible securityy(
(Hear,
sgetcleirrnlsahti
ne tahwr
.sh)
edtihsAce or
cuolnerrt
nki nogmi
toi
gfwhodt
would
ini
dn-
gt
that
ucsasepasppeere.dil
be safe to discount the paper of the applicant. He
believed there had been no complaint whatever as
to the operation of the Scotch law.
Mr. Gamouß remarked that it had bees in
existence for two centuries and a half, and had
operated to the entire satisfaction of the public in
Scotland.

With the Duke of Rutland, Newmarket has lost a
staunch and generous patron. For many weeks in the
course of the year he used to take up his residence in the
quaint palace there, for the purpose of shooting over his
estate in the vicinity of the town. His grace was tail
and thin, and had a somewhat common-place expression
of countenance. He was remarkably unostentatious in
his dress, and his gaunt figure, old white bat, and well-
worn coat and boots, will long remain familiar to the
inhabitants of Newmarket, by whom the memory of the
dead duke will be fondly cherished.—Sunday

posing himself in the interior of a cab fo the rain and
snow on such a day as the one in question, and no doubt
it was very bard upon the cab proprietor, whose property
must be injured to a much greater extent than could be
met by the mere fare ; but his impression of the law
was, that the cab must be regarded as a kind of open
carriage, the option of closing it being left with the pas-
senger. This being the law of the case, it was un-
doubtedly the duty of the cabman to have prceoded
with his fare ; and having declined to do this, the de.
fendant was justified in ordering him to Bow street.
This must be his decision, and, however opposed to -his
feelings in the matter, there wail no help fur it ; but as
the decisipn ought to have been given at once, he (tlr.
Jardine) would return, him the cost of the summons, as
he bad already lost half a day by having to appear again.
The summons was accordingly sed.