The Sun.
London, England, 1850-01-12 00:00:00

,ANV INTELLIGENCE.

CHANCERY.-(THIS DAY.)
The LORD CHANCELLOR sat in the Old Hall, Lincoln's
Inn, today, for the purpose of hearing appeal motions,
and cause and lunatic petitions.
IN RE UNIVERSAL SALVAGE COMPANY, EXPARTE ICAO,
MANSFIELD.
The further arguments in this part-beard appeal tno•
tion were resumed to-day, and occupied the Court the
whole morning. The case came before his Lordship
upon appeal from an order made by the Vice-Chancellor
Knight Bruce under the Joint-Stock Companies Wind-
ing up Act, holding the Earl of Mansfield a contributory
to the company. It appeared that his Lordship took 20
shares in the company, upon which he paid a deposit of
1004, but did not sign any deed. This occurred in the
year 1845, at which time the proposed capital of the
company was stated in the prospectus to be 100,0004
Subsequently, however, in consequence of all the shares
not being taken up, the company was carried on witk
capital of 50.000/., and not answering the expectation,
of the directors, fell under the operation of the Wind-
ing-up Act.
Mr. Malins and Mr. Glasse were counsel in support of
the appeal, and Mr. J. Russell and Mr. Prendergast
appeared in support of the order of the Court below.

ROLLS' COURT.-(THIS DAY.)
His Lordship, the Master of the Rolls sat in his
Court, in the Rolls' Yard, Chaucerplane, to day, for
the purpose of giving judgment in one or two cases that
bad been heard before him some time since, and also to
/Alex r•tltions.
SALODIONs v. THE LONDON, BRIGHTON, AND sourry

COAST RAILWAY.—JUDGMENT.
The MASTER of the ltou,s gave judgment today is
this care, which came berme him in November last,
upon two repartu• demurrers, one for want of equity
arid the other for multifariousness, put in by Samuel
Laing, the present chairman of the Brighton Compaq'
and Wm. Arthur Wilkinson, the late chairman to
the Croydon Company, to the bill fi'ed by
David Sulomons, on behalf of himself and all other°
the proprietors of shares in the London, Brighton. and
South Coast Railway Company. The bill prayed for 6
declaration of the Court that the three defendant°,
Messrs. Schuster, Crowley, and Hotham, ought to 10
considered as having purchased 4,000 shares and 677
shares in the Direct Louden and Portsmouth Railwsi
Company, upon their, own personal account, and not 0
trustees for :the company; that the agreement of the.
directors of the London, Brighton, and South Coto!
Railway Company with the directors of the Direct
London and Portsmouth Company was illegal and void!
and should be cancelled; that the defendants be decreed
to replace to the funds of the London, Brighton, and
South Coast Railway Company the sums paid out of the
funds of such company in respect of the 4,000 share!'
and 677 shares iu the said Direct London and Ports'
mouth Company, &c.; and that the defendants Laing,
Schumer, Cook, and others, be decreed to replace to
the funds of the London, Brighton, and South Coss!
Railway Company, the aforesaid sums which tou
been already paid, and any other sums which migh", have been paid nut of the funds of such cots'
patsy, &c., that the defendants be restrained by injuuo'
Lion from taking any further steps for carrying out an
illegal agreement with the London and Portsmouth Rail-
way Company respecting a proposed junction froth
Epsom to Leatherhead, &c., and from applying any
moneys in payment of the sum of 20,0004, or in paY'
ment of further calls upon the 4,000 shares and 677
shares. The Master of the Rolls, after going at consi'
derable length into the facts of the case, stated his opt'
nion clearly to be that the demurrer for want, of equiti
must be overruled, and that for multifariousness allowed;
at the same time he would give the plaintiff liberty to
amend his bill. The Master of the Rolls, in concluding
his judgment, observed that he could not but expreie
his suprise that bills of this nature, which must often
necessarily be of some considerable length, were
materially increased in consequence of the in.
sertiun into them of long pleadings and extract:
from Acts of Parliament, totally unnectsaary t.
the case, and even speeches made at public ineetwgii
In his opinion the sooner such a practice was put an en
to tie bat'or.
BAILEY V. THE BIRKENHEAD, LANCASHIRE, AND COS'
TER JUNCTION RAILWAY COMPANY.—JUDGMENT.
The MASTER of the ROLLS also gave judgment in
this care, allowing the demurrer put in by the decadent'
to the plaintiff's bill, but without prejudice to the plain
tiff's filing a new one.
The Court then proceeloi to hear roitione, taking
the unoppo.e.l first.

VICE-CHANCERY.—(THIS DAY.)
(Perore the VICE *CHANCELLOR OF ENGLAND.)
His Honour the VICE CHANCELLOR f ENGL.°.
hesrd unopposed came positions, short causes, and teLv
tions to-day, but nothing of the least interest came br
tole him during the morning.
(Cefore the Vice-Chancellor KNIGHT BRUCE.)
His H.NOUR heard short causes and causes to-da7l
all of which were without any interest except to the
parties concerned.
(Po'bre the Vice Chancellor WIGRAIL) a
His HONOUR sat at half-past tea to-day, and Lelr
short causes and catue petitions, Idler disposing of which
he proc ee.led to Le it the further arguments in INl‘Callll°°.E v. Rankin.

EXCHEQUER.-(THIS DAY.)
The Court took the pi-remptory paper today, but 01:
cases argued possessed no festuro of the slightest inteltoj
the questions involved in them being of a dry as
t,ehuieal nature.

BAIL COURT.—(THIS DAY.)
(Before Mr. Justice Eanz.)
NEWRY AND ENNISKILLEN RAILWAY—NEWRY, WA.RIII4I4'
POINT AND ROSTREVOR RAILWAY.
Mr. PHIPPS moved for a rule, calling upon the de:
fendant to show cause why their demurrer should not b:
set aside, on the ground that it was frivolous. Tile
action was upon a mortgage deed, granted under the
,
38th section of the Bth and 9th of Vic., commonly called
,he Companies Clauses Consolidation Act, which /Once
Railway Companies the power to borrow money, Pr-n:
vided they were authorised to do so by the present Ac';
upon mortgage or bond ; and, at the same time, gala
the mortgagee power to receive back his principal t 113,0
interest, by proceedings at common law. The prilT't,
Act in this case was the 9th and 10th Victoria, secti-d
245, which incorporated the Newry, Warrenpoint ono
Rotrevor Railway Companies, and empowered than.
borrow, on mortgage or bond, any sum, not exceecill
in the the whole 33,3331., no part of such sumto
u
borrowed until the whole capital of 10,0001. should have
been subscribed for, and a clear half of it paid up. 14°n,
,
the declaration stated that, by indenture of [Olt,
,
gage, sealed by the defendants with their 0:i
mon seal, and in consideration of 50'.1
they assigned their undsrtaking to the plaintiffs, t 0
gether with all their dues and tolls, until the 5,000y5;
with interest at 6 per cent.' per annum, should
.billot
been repaid and satisfied, the principal to be repaid iv
the end of one year at the office of the defendantsde,
Moorgate-street, within the city of London. The de
elaration then went on to allege that, although tde
period had expired, and a legal demand had been unito
at the office of the di f •ndants, yet they bad fall be
pay either the prircipal or the interest,
the Act f Parliament, to the injury and damage LI de'
plaintiffs. To this declaration the defendants had i."O
'burred in substance that it was bad in law, inasmuch
a WO
it did not allege that the whole of the capital had tit
subscribed for and half fit paid up ; secondly, that r.
did not aver that the shareholders of the Newry, tee
as provide,
the
reupoint, and Rotrevor Railway had not autborizretnleo
borrowing of the money, as provided by the Cem,Pl no
Clauses Consolidation Act ; arid, thirdly, t",,oite
injury had accrued to the plaintiffs. It wes
tat
clear that the demurrer was frivolous, and merely
upi,n the record to obtain delay. pea
Mr. Justice ERIE would not trouble the Lear_
Counsel to dwell upon the good sense of the derourr;
urge
of
but was there not some decision to justify the eau e
the defendant ?
Mr. Fm.prs was not aware that there ‘I 1/3• e
Mr, Justice ERLE said there was the ease of

Bristol and Exeter Lailway, wher2 it was ruled that the
allegation thAt the ct.i;ital of 100,001. had out been
wholly subscribed for must cuma from tha del,nrignt;
but then that case was an Ec:ion of ej• ctment to re-
cover land, and th:• private Act of Parliament distinctly
provided that the compiny should not hold land, until
the lull capital had bleu subscribed fur aLd half of it
paid up.
Mr. PHIPPS was not aware of this case.

Mr. Justice! ERLE—You take a rule to show caLso.

Rule nisi accordingly.

CRIMINAL COURT.—(THIS DAY.)
OLD COURT.
(Before Mr. Justice TALFOURD.)

The trial of Lewis Joel. aged 25, a jeweller, was re-
Blamed this morning, on an indictment charging him
with feloniously uttering, by false pretences, a forged
bill of exchange for 1,000/., with intent to defraud John
Marcus Clements.
At six o'clock yesterday evening, when the Court
I-°ses the case for the prosecution had not cored, and it
was continued this morning.
Mr. Jebn Thomas Campbell was called as a witness
for the prosecution. Ile said I am a solicitor. The
bill alleged to be a forgery has been in my possession,
and wtis produced by inc before the magistrates. I
brought an action upon it against Mr. Clements, after
Mr. Clements said it was a forgery. I was at Croydon
on the trial. The bill at that rime we believed to be in
Possession of the prisoner. The action was brought by
1:B.rsoll named Forrest, a gently man coon, cted with
the London and Dublin Bank. The action was brought
against Mr. Clements to recover a large debt, the bill
in question being part of that debt. The action eas
brought at the instance of the L,ndon and Dublin Bank.
Porrest has now left the country; he has emigrated.
„BY Mr. CHAMBERS—I am a member of the firm of
"4viB, Son, and Campbell. I hale been admittel an
attorney fur tour or five years. The aw.ion I hale r
in'tel to as teing brought against Mr. C'escents was to
tecoter a large eleSt. The day the trial was to come on
at Croydon tt e prisoner, through his attorney, stated he
wished to arrange the action. We had afterwards an
in!e:vie v with Joel and his solicitor at our office, when
I teal Jeel that Mr. Pulman had said there was no such
bill in existence, and if there w e it was a forgery. I
'lid not tee ibe bill in the hands of our firm until the
23d September. Mr. Pulman was subpcensed as a wit-
tess by our firm. I matte inquiries, and afterwards went
on with the action. I saw Mr. Clements write twice at
our offi, e. Looking at the signature on the bill purport-
ing to be Mr. Cements' name, I believe it to be in the
hendwritieg of Mr. Clements. I bad no interest in this
matter beyond acting as the solicitor of the London and
Lublin Bank.
~BY Mr. CLARKSON—There appears to be the name of
"Forrest" partly erased upon the bill. Reed, a clerk of
ours, made a copy of the bill. Mr. Clements signed his
came twit e at our office on the occasion referred to in
sty cross-examination. That was to a duplicate IMMO-
l'alodum, and not for the purpose of obtaining a specimen
of his handwriting. Mr. Pulman stated the bill was a
iOrgery befoie it came into otsr hands, and when we got
I made inquiries about it.
henry James Reed, clerk to the preceding witness,
Proyed that be received the bill for 1,000/. in question
from Chignell, a messenger in hie employers' office, on
the 10th September, and made a copy of it. (Looks at
the
bill.) Could not tell precisely whether the indorse-
-silts were visible or not on the bill when he made his
c°PY of the bill.
-Henry Chignell, messenger in the office of Davis,
r" oil. and Campbell, deposed that in August or Septem-
Te Ole prisoner called at his employers' office, and said
wanted to leave a memorandum, or bill of exchange.
r;the par.:suer did leave a paper, which witness gave to
fpreceding witness, Reed. The paper the prisoner
t /night be the bill now in question.
bThe bill in, question was put in and read. It bore
ate the Bth August, 1847, and purported to be drawn
Y Lewis Joel, the prisoner, upon E. J. M. Clements,
dthe prosecutor, a Lieutenant in the 13th Light Dragoons,
o 4,000/., payable two months after date. It as in-
sed by the prisoner, and by one Mr. Forrest, the lat-
ter name being partly erased.
Al.r• Campbell was recalled, and proved that on one
becasion when he saw the prisoner at his (Mr. Camp-
tielll'B) office with his attorney, the prisoner did not deny
the bill in question was the one which he gave to
lenell; that it was a genuine bill, and that he would
prove
fir Mr. James Gordon Murdock, a partner in the banking
tit 0I Murdock. Bouverie, and Co., was called and said
awas one of Mr. Clements' guardians, and have had
attY opportunities of knowing his handwriting. (Looks
tlthe acceptance on the bid.) I do not believe it to be
e handwriting of Mr. Clone its. I first saw the bill in
ember last, when it was shown to me by Mr. Camp-
„„li• Bwore August last, vet ea the trial took place at
Croydon, I had Ise, er heard of Mr. Clements having ac-
cepted a bill tor 1,0001.
By Mr. BALLANTINE—I am in the habit of occa-
sionally cashing bills over the counter of our banking-
-7 u_se, and have sometimes cashed bills of Mr. Clements.
4 the bill in question for 1,0004 had been presented at
the bank of our firm for payment, I should not have
cashed it, both on account of the largeness of the
amount, and from a doubt f the genuineness of the
signature, I remember saying to Mr. Campbell that the
aignature to the bill was not like the handwriting of Mr.
Cements.
Mr. Clements was recalled, and in answer to a ques.
In by the Judge, said the signature of the bill was
N..
,ethe handwriting of the prisoner, and that he (Mr.
.., talents) bad n 'ver signed his name to a blank ac-
ceptancei, for 1,0001 in his li.e.
r5;311.8 was the case for the prosecution.
CHAMBERS then addressed the jury on behalf
ttf_ the .111.
Prisoner. He said tt is was one ot the most ex-
aordinary CUPS that it had ever fallen to his lot to be
pOll, cerued in. In ordinary cases of this kind a man in
4 -r
circumstances, who had no pecuniary dealings with
ettarY, suddenly presented a forg -d bill of exchange or
le,,!inatrtrinent to get the money of that party. But never
tS„'s (Mr. Chsmbers) life had he met with a case of
`soul tent kind. With an honest and true debt, as he
hitti;lishow by the very statement of the prosecutor
atiao ito the amount of beyond the 1,0001.—t0 the
%dile" of somewhere about I,7ool.—actually existing,
110 d'Te from the prosecutor to the prisoner, and with
11144„enne hut a dishonourable one, that of his being
had • age when the debt was contracted, the prosecutor
kr:tight to fasten upon the prisoner a charge of
(Tee.
Wll,ll Learned Counsel was continuing his address
°Ur report left.)

RAILWAY
-itwAT
t ky, for TRAFFIC.—The following are the Total Receipts of Rail-
:3Peeti,,, the Past week—that is to say, up to the date to which the
te J,.eturns are made, together with the receipts of the same
" Previous year :

•‘;
peek
c m . %cunt
Last a
NAME OF RAILWAY. week.
1) so. 21 ti
*-••••••""
ea.& -••••• c..)
--•
tit. 5
6 Aberdeen •• • • .f X
613 417
"•"' • • ' •
6 Atrilens and •
Boulogne • ... ........ ... 1,154 1,080
6 Belfast and Ballymena ••• • • •
6 Birkenhead, Lancashire, and Cheshire 788 706
6 Bolton, Blackburn, Clitheroe, and W. Y. 436 304
ao Bristol and Exeter • • .... • • ...• ••• • .. 2,979 -
6 Caledonian.. -•••••••••••• • • • • • • • • • 5,632 3,500
a Chester and Holyhead. • ... •• .•-• • .. 1,152 1,668047
8 .oublin and Drogheda.. •• • • - • ..... •• 600
5 Dublin and Kingstown ••••••• • • • • • • • 668 654
6 ~Duridee, Perth, and Aberdeen........ 1,096 1,005
5 ''',,as t Anglian-. •••.••••••• • • • • • • • • • 710 677
5 r-•otaburgh, and Glasgow. •••••• • • • • • 3,012 3.401
6 Edinburgh and Perth •••.• • - - - 2,519 1,939
...„ Eastern Counties and North Eastern.. 13,649 11,478
. East Lancashire .. .. - - 1,643
; Eastern Union.. ••••---• • • • - • • "43
1,012
5 _4l,tagow, Kilmarnock, and Ayr ...... 3,549 2,417
20 Glasgow and Greenock• • ....... .... 1,157 890
5 Great Northern and E. L........... 2,536 -
6 Great Southern and Western •• .. •.• • 3,516 2,888
6 Great
Western, &c • •• • 15,180 15,170
20 Lancashire and Yorkshire.. ••••• • • • • • 10,715 10,418
36 Lancaster and Carlisle 2,882 2,007
6 Leeds and Thirsk .................. 614 -
Li
75 71
5 Liverpool,
Lu Crosby, and Southport....
143 139
6 ndonderry and Enniskillen• • • • .• ••
6 London and North Western, &c..- • 37,620 34,610
6 London and 81ackwa11............ - 247 510
6 London and Brighton .••.•-•• • • • • • • 6,951 6,616
6 London and South Western ••••• .. • • 7,428 7,440
6 Janchester Sheffield, and Lincolnshire 4,574 2,485
6 at,Ti.d.land, Bristol, and Birmingham- .. 10,892 18,311
5 -"uland Great Western (Irish) ......
6 Alonklunds ............. • .......... 908 -
51,0 567
. 5 iorth British .............• •••• - .. 3,322 2,481
5 It and Rouen .-•••••••. • • • • • • • • 5.067 4,490
6 0 to
and Havre • • •• • • ..•2,066 1,767
5 Q‘cottish Central • . •••• • ••
•• • • • 1 079 597
6 Shrewsbury
Midland ••••••• • •• •• - " 337 259
6 "s'ilirreovvp:hhitity and Chester •••••• • • . • • • 1,401 1,284
re Union .. •••••••• • • • • • • • • 370 -30 South Eastern and Branches ........ 11,592 7,405
6 truth .
.Jev0n........ .....•. •• •• •• .. 1,243 1,450
Tait
G Vale ... ...•••• • • • • • - 1,726 - tilater . . •-•- • • • •
701 693
•
6
~,,.Water ord. and Limerick •••••• •• - 266
lord
• • • •hi
, laven Junction ••• •••••• •• " " 180 170
6 rit and Newcastle .••••••• • • • •• .. 12,563 11,139
York and North Midland ..- .... • • ..5,314 6,702
1) _ .....--___

t"l4)4i-414 AATILLEItY. WOOLWICH,
.JAN. 11.-
0 k 4cirviug's Company, the 12th battalion, proceeds -roltpl,,aY nPict, the 14th inst., to Weedon au e
it theistra''tl.leve Captain. lull's company, Bth battalion,
r(); head.. I‘4lB, Captain Hill's being ordered to return
i,.'oe oltuirters to remain in readiness for foreign ser-
"eta. 1-4Ptain T - id's company, 12th battalion, hat
1, pi,,
~ ovvostr
liktlestitt, q under orders to have the garrison on
. ail)). s'',l3ll'rnine., the 15th inst., for Dover, to. relieve
s company,
Pr ht-trl"' ' Bth battalion, at that station, and
`t°e cr will return to head-quarters, preparatory to
ti,ci eding on foreign service. The whole of the mar-
-1 es,Z4lltlers in the garrison here are receiving each
e
I:ltitih °F coals Per week, and the same quantity will
;Ate3 ued to be given i each for six weeks. The ex-
°ll be,-fed coals id defrayed ayed from the regimental funds
tglit;"`" y the effisceersr The whole of the troops off
11 he„4,!'ettibled yesterday-. on the guard mounting parade
'No hY marebig , for the purpose of marching
Ntserjountry for oerxeereise, but a change in the weather
" 'tn to return to barracks,
it e (141.,_ --G ....,OBBEItY. OF
~
° the I)4EIT‘ I' 2 0001—In reference
ti.h'lll nowu,g robbery mentioned in The Sun yesterday,
'''sk h " stated that the police discovered that the
elaremaati, been borrowed of a person in Tower-street.ga..ewas
:iltid bi}l,4ll3ming, at an early hour, the iron t
and the
ti:114148 taken °Pea onb Kennir'gtohnascebeeereneonbtained of
icklittri.
infoarvvraal:_o_nutwnaos trace has t 0
Mr. Webb, who
Tlintql tlf3 box. 1
741)11 app 124,1T0R GEOEGEY —The following para-
l''
ars
in
G I. ' .
Messenger of yesterday:—
ant lb i'low I f he Arras;
tie 9rizaannG seneralientzi, who was killed
41)t h ge of Buda e f which fortress he was the comman-
till't ttanh Pntllishefsen e memoirs, from which it appears
ci/.,ye',, Ger Oral was in secret communication with
Plan"(=,.r`",), and that Buda only held out to give General
R-Ya •
• and
tf i, Pretext for Les•eging it, so destroy the
the i,'etnbilleki, which was to march on Vienna, and
qaurreetion in the hereditary state&