The Sun.
London, England, 1857-09-25 00:00:00

LAW INTELLIGENCE.--(This Day.)

COURT OF BANKKUPTCY.
(Before Mr. Commissioner Holroyd.)

IN HE THE LONDON AND WEST OF IRELAND FISHING
AND FISH MANURE COMPANY (LIMITED).-PETITION

TO WIND UP THE ♦FFAIRS.

To-day was appointed for proceedings under a peti-
tion for winding up the affairs of this company, under
the provisions of the Joint-Stock Companies Act of
1856.
Mr. Lowrance appeared to support the petition, which
had been presented on behalf of Col. Daniel, of Gros-
venor-square, the holder of 25 shares, and applied for
an order for the winding-up. Mr. Roxburgh appeared
for the company to oppose the granting the order, and
Mr. Chidley and Mr. Linklater for the shareholders.
Mr. Roxburgh took a preliminary objection to the
order being made, that the shareholders had taken all
the steps necessary for a voluntary winding-up of the
company, and the appointment of a liquidator. A pre-
liminary meeting was held on the 14th of August, when
a special resolution was passed for the voluntary winding
up of the Company, and a liquidator appointed at a
second meeting held on the 15th of September, and
therefore became a binding resolution on all the slare•
holders, having been agreed to by three-fourths of the
shareholders at the first meeting. He therefore con-
tended that no contributor was afterwards at liberty.to
present a petition, and that the Court had no power to
make an order which would practically rescind the reso-
lution of the shareholders.
Mr. Linklater, on behalf of Mr. Wtryghte, followed
on the same side, and further urged that the petitioner
was present at the first meeting, and ,was very ac-
tive in adopting the resolution to which he assented,
and therefore he was not at liberty to present the
petition.
Mr. Chidley, for several shareholders, also argued that
the Court had no power to make the order,
as although the petition was presented on the 14th of
September, the day before the resolution was confirmed
—he" contended that the proceedings for winding up
must date from the 14th of August when the first reso-
lution was passed, and the confirmation was only required
of absent or dissentient shareholders. _ _ _

His Honour—By the 34th section it would not be a
special resolution unless confirmed.
Mr. Chidley urged that all the shareholders might be
present at the first meeting, and then the word confirmed
might be used in a limited sense.
His Honour said he quite agreed with Mr. Chidley as
far as he went, but then what would be meaning of the
words special resolution?
Mr. Lawrance was heard at great length, and said
that at the first meeting no accounts were presented at
the first meeting, and the shareholders never had any
until the 10th of September, when one was presented by
Mr. Wryghte. He contended at great length that he
hae made out a pinta facie case for calling on the court
to exercise its jurisdiction, as the company had lost more
than 3-4ths of their capital and were unable to pay their
debts.
The case was proceeding, but will no doubt be ad-
journed.

POLICE INTELLIGENCE. —(This Day.)

MANSION-HOUSE.

EXTENSIVE EMBEZZLEMENT BY A CLEFS.—Richard
Knowles, 18, lately a clerk in the employment of Mr.
Benjamin Bateman, metal-broker, Cannon-street, was
brought up for further examination upon a charge of
trnbezzling various sums of money, amounting to 2001.,
the property of his employtr.
The evidence previously given went principally to
prove that, on the 15th August, a cheque for 2001. was
given to the prisoner t pay into the company's bankers
to their account, but that, int.tee.d of so doing, he
cashed the cheque, and only paid in 1001. to the com-
pany's account, appropriating the other 1001. to his
own use.

The cashier to the London Joint Stock Bank, now
proved that he cashed the cheque with a Bank of
Eagland note for 2001.
Mr. Bateman said there were several other ease,
which, however, he did not wish to go on with, as
the one already gone into would probably be sufficient.
The prisoner, who had nothing to say, was then com-
mitted for trial.