The Sun.
London, England, 1868-06-12 00:00:00

LAW AND POLICE.

EARNED'S BANKING COMPANY AND OTHERS. —Before the
Lord Justices of Appeal, the cases of Barned's Banking
Company and the Xeres Wine Shipping Company were
heard. The first was an appeal from the Master of the
Rolls, and the second from Vice• Chancellor Matins, and
they were heard together, as they involved the same legal
question, viz., whether when a company is being wound
up under The Companies Act, 1862, a creditor who holds
security for his debt is entitled to prove against the estate
of the company for thewhole amount of his debt (by analogy
to the rule observed in the Court of Chancery in administra-
tion suits), or whether such a creditor can (as in bankruptcy)
only prove for the balance of his debt after deducting the
amount realised from his security. In the first case
Messrs. C. W. Kellock and Co., of Liverpool, were credi-
tors of Barned's Banking Company in respect of certain
bills which they had accepted for the Banking Company
upon their guarantee to retire the hills when due. Cer-
tain ships were assigned to Kellock and Co. by way of
security, and they were afterwards sold. The Master of the
RollifillowedKellock and Co. to prove for the whole amount
of their debt, and from this decision the official liquida-
tors appealed. In the second case the Alliance Bank were
creditors of the Xeres Wine Shipping Company, and
held some wine warrants as security for their debt ; and
they sold the wine comprised in these warrants. Under
these circumstances Vice-Chancellor Matins allowed
them to prove for the balance only of their debt, after de-
ducting what was realised by the sale of the wine. From
this dec'siun the Alliance Bank appealed. Lord Justice
Wood said that the practice of the Court of Chancery
bad been settled for many years that a mortgagee was en-
titled to stand on his security and realise it at such times
as he thought best, and also pursue all his other remedies.
The order of the Master of the Rolls was affirmed, and
that of the Vice-Chancellor overruled.
LILLYWHITR'S SCORING SHEETS.—Before Vice-Chan-
cellor Matins a motion was made in the cause of Page v.
Wisden to restrain the defendant from publishing "Lilly-
white's Registered Scoring Cricketing Sheet," the copy-
right of which was purchased by the plaintiff. It was
alleged that the defendants realised £3OO per annum profit
from the sale of the sheets. For the defendants the offence
was denied. The Vice-Chance:lor directed the motion to
stand over until the next seal, when the defendants might
attend, and he hoped that their counsel would advise them
to undertake not to sell any other scoring-sheets than those
purchased of the plaintiff.

THE CORONERSHIP OF MIDDLESEX.—In the Court of
Queen's Bench a motion was made on behalf of Dr.
Diplock to compel the justices of Middlesex to pay him
his salary for the quarter, and to reimburse him for pay-
ments out of pocket. The magistrates refused, as there
was a quo warranto out against Dr. Diplock. Mr. Justice
Blackburn said he tl ought the county would be tole-
rably safe in paying Mr. Diplock the necessary expenses,
whatever might be the case as to the salary. Rule nisi
granted.

AN INCUMBENT AND BIS • SALARY.—The Case of Lloyd
v. Burrup, which was a " special case," was tried before
the Court of Exchequer. The action was brought by the
plaintiff, the incumbent of St. Mary's, Kennington,
against the present churchwardens, to recover two quarters'
salary. The questions raised were whether the incumbent
was entitled to be paid the deficiency of pew-rent in the
defendants' hands on account of the half-year ending at
Michaelm as, 1867, out of the pew-rents received for the
service of the half-year ending at Lady Day, 1868, and
whether the present churchwardens could be made liable
for any sums not actually applied to the payment of the
incumbent by the late churchwardens. The court took
time to consider its judgment.

THE AFFAIRS 01? TILE LONDON' CHATHAM,
DovEn.—Before Vice-Chancellor Stuart, the cases A7f
Waterlow
iv,.heSslemerpansaeisideaGme uponardnerv. Sharp came on for
a sum taken
hearing.
o oneof the registered
ut on behalt of William M`Ewen,
public officers of the Lond( and County Banking
Corn_pany-, for an order directing that the said banking e
pally might be admitted to the benefit of the indentureni.
eof
January- 19, 1:.67, in the decree in the above causes men.
tioned, as creditors of the London, Chatham, and Dover
Railway Company, for the principal sum of £65,480 75.7 d. ,
with interest thereon at the rate of per cent, per annum
from April 15, 1867, until payment thereof. The deed of
January 19,1867, was executed by the railway company,
under the powers of their recent Act, for the benefit of
their general creditors. The sum of £65,480 7s. 7d. repre-
sented the overdrawn balance of their account with the
Londe n and Cm n'-,y Bank. The Vice-Chancellor made
an orjer, giving the London and County Banking Com-
pany the benefit of the in lenture in question, with leave
to go in and prove, as creditor s made it, for so much as
they could shew was, on a proper transaction of banking
business, due to them from the railway company, as their
cuoimx)ers. • - •