The Sun.
London, England, 1857-08-28 00:00:00

THE SUN, L"ON DON,

Staff-Surgeon of the Second Class Thomas Park from
half-pay.
Staff-Surgeon of the Second Class Charles Walter Poul-
ton, from half-pay, vice Dods, deceased.
Assistant-Surgeon John James Clifford, M.D., from the
9th Light Dragoons.
Assistant-Surgeon Alexander Peile Cahill, M.D., from
32d Foot.
Assistant-Surgeon William Lapsley, from 74th Foot.
Assistant-Surgeon James Simpson Grant, M.D., from
531 Foot.

TO BE ASSISTANT-SURGEONS.
Assistant-Surgeon Richard Lewise Butler, from the 44th
Foot, vice Kinahen, appointed to filth Foot.
Acting Assistant• Surgeon William Langford Farmer,
vice Robertson, appointed to the Rifle Brigade.
Robert Lewer, Gent., vice Storey, appointed to the
Rifle Brigade.
Edmund McGrath, Gent., vice Knipe, appointed to the
88th Foot.
Arthur Chester, Gent., vice Sheehy, appointed to the
7th Foot.
Charles Henry Browne, Gent., vice Davidson, appointed
to the Ist Dragoon Guards.
Thomas Rudcl, M.D., vice Muschamp, appointed to the
82d Foot.
Thomas Sharkey, Gent., vice Finnemors, appointed to
the Royal Artillery.
Fredelick Ffolliott, Gent., vice Marston, appointed to
the Royal Artillery.
William Henry Leslie, M. 8., vice Dickerson, appointed
to the Royal Artillery.
George Samuel Burnside, Gent., vice Hepworth, ap.
pointed to the Royal Artillery.
Andrew Mather Porteous, M.D., vice Fletcher, appointed
to the Royal Artillery.
Alexander Stevenson Russell, M.D., vice Forshall, ap-
pointed to the Royal Artillery.
Assistant-Surgeon Peter J. Hoey has been permitted to
resign his commission.

ROYAL SURREY GARDENS.

COURT OF BANKRUPTCY.
(Befure Mr. Cl,nmih,sioner Fane.)

IN RE THE SURREY GARDENS COMPANY (LIMITED).
This was an adjourned hearing of a petition under tt:e
Joint-Stock Companies Act, 1856, to windup the affairs

of the company.
Mr. A. Jonvg, Mr. Chidlev, Mr, Fleming, Mr. Link-
later, Mr. F. W. Chappell, Mr. George, and Mr.

Coombe appeared in the matter.
Mr. A. Jones said the directors were prepared to meet
any charges against them. He understood three affidavits
had been filed.

Mr. Fleuiing—lappear fora large body of shareholders.
Mr. A. Jones--I dray that.
Mr. Flecnit g—l appear for Mr. Nicholls and other
shareholders.
Mr. Jones—Mr. Nicholls is the holder of one share.

Mr. Fleming—That ii sufficient to give him a rigit to
be represented. I appear in support of resolutions passed
by 63 sharehold,r4.
Mr. Coombe—l am a solicitor and shareholder, and
appear a such.

Mr. James Copp •ck—Perhaps your Honour will allow
me, for myself and others, to state—
The Commissioner—Stop. I have stopped others.
The proceedings must be conducted in proper order.
Mr. Coppock—l should first—
The Commissioner declined to &low Mr. Coppocic to
be heard at this stage of the proceedings, and asked Mr.
Fleming and Mr. Coombe whether they were i❑ favour
of winding up, and received for an answer, " DLci,iedly
not."

Mr. Coppock again wished to be heard.
The Commissioner—What is your name I
Mr. Coppock—My name is Coppock. (A. laugh.)
.

The CJm—miBsioner--Yon are a sharebo!Cler ?

Mr. Coppock—Yes, I am the largest shareholder in
the company. lam also a solicitor. I am the holder of
1,100 shares. lamal o a creditor of the company for
between 4001. and 5001. . _

The Commissioner—That you assert?
Mr. Coppock—Ye3.
The Commissioner—And what is your wish ?
Mr. Coppock—l am for the winding-up, and I wish to
tell you what—
The Commissioner—Stop. I ought to hear Mr.
Fleming first.
Mr. Fleming—l am against the order as prayed. I
should be willing for an order to be made that would
admit of the shareholders winding up the company them-
saves.

The Comrnisioner—l have nothing to do with wind-
ing up, except by this Court
Mr. Jones suggested that M. Jullien could not be re-
presented by both Mr. Chappell and Mr. Fleming.
Mr. Chappell—l appear as before for M, Jullion and
several other shareholdt re.

Mr. Fleming—M. Jullien is present—he denies that.
Htl says I appear for him.
M. Juliien—Mr. Chappell is my legal adviser. If
there be any clash between them I should wish—•
The Cmnraissioner—You seem to take part with Mr.
Fleming and the 63 shareholders.
M. Jullien—Yes.
The Comtnissioner—Then it would be unfair for Mr.
Chappell to appear on your beh..lf. Will Mr. Chappell
give the name of any other shareholder for whom he ap-
pears
Mr. Chappell—Mr. Thomas Chappell.
Mr. Coppock—Will yon let me say a few words now
The Com,itissioner—lt Mr. Junes appears for the peti-
tioner it is his duty to open the case.

Mr. Jones scarcely knew whether it was necessary
for trim to say anything, as it appeared to be the inch.
nation of his Honour's mind at the last sitting to make
an order in compliauce with tie prayer of the petition,
verified as it was by an affidavit of Mr. Ellis, secretary
of the company.
The Connuiesioner—Then you have asked fur an order
for winding up, and you sit down. (Laughter.)
Mr. Juhee—Yes. (A laugh.)
Mr. Fleming said, it his Honour would allow M. Jul-
lien to be examined, it might be the best course, and
would avoid much trouble. He might, however, proceed
to state that since the last meeting the shareholders had
taken steps to examine the company's accounts. They
were in a complicated state, and it would take an accoun-
tent many data to make out from them a I,alanct•-sheet.
He would ref r the Ceuta: to the contents of affidavi!s
that bad been fi el .in support of the opposition to the
wied.ng-up order.
These affidae its are three in number. Subjeined is a
copy of the affidavit of Mr. Coombe :
" In the Court of Bankruptcy.
"IN THE MATT et OF THE ROYAL SURREY GARDENS COM-
PANY (LIMITED), AND IN THE MATTER OF THE JOINT-
STOCK COMPANIES ACT,1851."
"I, William Alexander Coombe, of Hanover.cottage,
Brunswick-reid, Camberwell, make oath and say : —Ttost
Mr. William Tyler was lessee of certain ground and pre-
mises at Walwort.h, and he there conducted in a very re-
speetable way a Zoological Garden, but that for the last
two or three years of his tenancy it turned out an unpro-
fitable undertaking.
"That be became indebted in a large amount to James
Coppock, Esq., one of the directors of the company, called
the Royal Surrey Gardens Company, who was mortgagee
of the premises. or in some other way beneficially entitled
thereto.
" That f, r about 12 emonths previously to the year 1855,
the lease and premises were in the market for sale, and
sever .1 parties treated for the same, but no sale was effected.
i " That in the latter part of the year-1355 a company
was formed, called the Royal Surrey Gardens Company
(Limit.d), of which the said Mr. Cuppeck was one of the
registered promoters, the said Mr. Tyler was appointed
reauager, and the petitioner, Mr. Horace Jones (who now
seeks to wind up •tho company), was the architect.
" That a company was readily formed, and in the month
of March last commenced their buildings an I laying out
the grounds at an outlay of about 25,0001. at the least.
" That at a meeting of shareholders in Oct„ 1856, a
dividend of 10 per cent. was declared out of profits said to
be made in a period of 10 weeks, during which time the
gardens had been open, and the account marked A, hereto
annexed, was then circulated among the shareholsern
" That in April last a second meeting was called upon
the fall wing notice, without any account being sent with
it :—" Notice is hereby given, that in pursuance of the
deed of settlement of this company, the second ordinary
general meeting of shareholders will be hell on Thursday,
the 2d day of April proximo, at the Royal Surrey Gardens,
at 2 o'clock in the afternoon, precisely.'
" That from the woedine of the above notice, and inti-
mations given to shareholders that nothing but the ordi-
nary business, such as the arrangement of the establish-
ments and the opening of the gen:ens, would be under
consideration, several shareholders did not attend who
otherwise would have done so, particularly if it bad been
known that an account affecting the vitality of the under-
taking would have been brought forward.
"That at this meeting the shareholders were kept in the
large concert room until the appointed time for the meet-
ing had expired, and they were then shown into an a tide-
ing room, where a plentiful supply of sandwiches and wine
was spread upon a counter, which several of the share-
holders attacked at once, end at one end was laid a bundle
of accounts, which accounts were not distributed, but left
to be taken by those who chanced to see them.
"That I had not time even to r,?a 1 the sail account be-
fore some gentlemen moved that such accounts be received,
approved, ant adopted, wig reupon a question arose as to
whether the dividend declared at the last meeting was or
was not p id out of capital, when a show of Lands was
taken and the account was assumed to he passed by a ma-
jority of two as counted by the secretary (although I be-
lieve the fact to be otherwise), all the directors present
voting for the parsing of their own axount, and the reel
tend vital question as to whether the sum of 14,00.1. should
be appro,ed es and for the purchase of the gardens was not
made the subject of discueeisn.
"That I had not the oppertunity of reading the said
account until the evening of the day of meeting, when I
discovered that the sum of 14,000/. ass charged for the
purchase of the lease, and a diy or two afterwards I speke
to two or three of the shareholders threon, and although
it was then believed that the directors possessed a Rase of
about t,O years, still 14,0.:01. was thought an exorbitant
suei for the purcuas •, the fact being well known that the
lease was held upon a heavy rental and a large septennial
fine.
" That I believed the lease had 50 years to rim, or there-
about ; for I positively swear that during the time the
grounds were being laid out I walked round them with
Mr. Coin ock, 'and, biting well acquainted with the laying
out of gardens, I expostulated with the said Mr. Coppeck
upon the enormous and unnecessary outlay being expended
ou the rail garden, and at the same time I sail to Mr.
Coppock, ' I suppose you have a long interest in the pre-
mises tee jintify this outlay ;' to which the said Mr. Cop-
pock auewered, ' Oh ! yes, my dear fellow, about 50 years'
or words to the like effect.
"'That two or three days after the meeting I met Mr.
Fleming, the lentil rn's solicitor, who also hail attended
the meeting of shareholders, and a conversatien arose upon
the sum of 14,000/. charged for the purchase of the lease,
when I discovered for the first time that about 11A years,
was the only tenure under which the premises were held,
at which I expressed my sum prise and asked his permission
to allow me and other shareholder to inspect the lease,
That I called upon a shareholder, Mr. G. P. Nicholls, of
Paternoster-row, and told him of my informatiou•end re-
quested him to accompany me to the landlord's solicitor to
inspect the lease, and we went to Mr. Fleming's office, in
Trinity-square in the Borough, and there examined the
said lease and found that it bad only about 11. t years' to
run, and that every erection would then pass to the land-
lord.
"That I was so amazed and disgusted with the way in
which the last meeting had been conducted that I deter-
reintd to seek an interview with Sir Win. De Bath, Bert.,
who had been the chairman of the last meeting, and, after
a slight correspondence with him, who said he was only a
shareholder and knew nothing of the fate, I wrote to
Thomas Knox Holmes, Esq., a director of the company,
who had been cheirrnae when the 10 per cent., dividend
was declared, and ultimately 'procured a met:tine. between
these two chairmen and requested Mr. Nicholls, ,who
knew the facts, to accompany.me.
" That in this perplexity I determined to call the shera-
holders together, anti for that purpose applied to the se-
cretary to let me make a copy of the list of sha•eholder a,
but ho refused to let me copy a name, and I procured, at
ceesiderable expense, a list of shareholders from the Re-
gistration-office, ai.d wrote and sent a written and printed
circular to each shareholder—nearly 200 in !lumber.
" That in pursuance of this circular a meeting took
plea*, and the question was fully brought forward, but
owing to a statement made by Mr. Coppock, the acting
director of the company, that en offer had been made by
some abstinence society at the price of 15,000/., and by M.
Jullion at 12,0001., anti that the coming seeson word i do
woaders for the sharehul lens the subject of the circular
was not entertained, and my motion for a committee i f
inquiry was not even seconded, and the meeting separated
leaving me with the pleasant- reflection that I had wasted
a great deal of time uselessly, at a coat of about 10/. into
the bargain. The fact, however, that the lease had only
114 years to run was not deuied, and the sum of 14,0001.
as the value of the lease was justified under the above
stated fade, that other, offers had been made of 15,0J0/.
and 11,0001, and therefore the sum of 13,0001. ought not
to he objected to.
"That I was dissatisfied with the statement of Mr. Cop-
pock that such offers of purchase had been made, and I
f r.rnil. out Mr. Phi lips, the gentleman who had been secre-
tary to the slid Abstinence Society, who stated that the
I society had at one time the idea of purchasing the Royal
Surrey Gardens, but they wore under the belief and as-
surance that a 50 years' lease was the term of years under
which the gardena were held, or could without doubt be