The Sun.
London, England, 1850-02-13 00:00:00

LAW I NTELLIGENCE

COURT OF COMMON PLEAS, Feb. 12.

(Sittings in Banco, after term, before Justices MAIILE,
CRESSWELL, WILLIAMS, and TALFOURD.)
MAURICE V. MA.RSDEN.

This was an action tried at the Flintshire Summer
Assizes f)r 1849, in which the verdict was found for the
plaintiff—ds.tuw,pos 441. 12c, with leave to move to re-
dact) the verdict.

A rule nisi having been obtained on a former day,
Mr. Welsby and Mr. Townsend appeared to show
cause against the rule, and Mr. Crompton and Mr.
Wynne Edwards in support of it.
It appeared at the trial that the defendant was an
hotel-keeper at Holywell, and was in the habit of run-
ning an omnibus from the railway station to his hotel,
and in doing so he had to pm,' through a turnpike ga'e
called the Greenfield-gate. Under the Turnpike Act,
giving power to exact the toll at that gate, vehicles car-
rying passengers for hire were liable for toll each time
they passed through tile turnpike gate; other vehicle►
only paid toll once, which freed them for the rest of the
day. As the derendant's omnibus plied to the station
and back a great many times each day, he bit upon the
expedient of having a spring cart to follow his omnibus,
in which ho carried the passengers' luggttee, coats,
sticks, and urnbrellsv, making a charge of 6d. for the
luggage of each passenger, or where there was no
luggage for a walking-stick, umbrella, or coat, as the
case might be, and carrying his passengers by the om-
nibus fir nothing, as a means of evading the repeated
toll. When the toll-keeper demanded toll fir an om-
nibus full of passengers, he was answered by the dri-
ver, " Oh, you have no right to toll from me, I carry
my passengers to my hotel for nothing." The spring
cart carried no passengers, and was only liable
under the statute to one toll per day. This went on for
some time, the toll•keeper ceasing to demand toll on
being always met with this excuse, but keeping an ac-
count of the number of times the omnibus passed through
the gate ; and eventually an action was brought against
the del,ndant to recover the amount, and the verdict
went against him. In support of the rule the Learned
Counsel contended that a demand of toll was necessary
IR bra the toll became due, and that the gate either ought
to have been shut against the defendant, or a demand of
payment have been made each time ; otherwise a man
might pass through the gates as far as he knew free, and
afterwards be subject to an action for toll.
The COURT thought there was no ground for main-
taining the rule, and that it must be discharged ; for if
a demand of toll were necessary, there wat abundant
evidence t., show an evasion of the demand.
Rule discharged.

COURT OF EXCHEQUER, Feb. 12.
BROOKES V. ROOKES.

This was an action in which the plaintiff sought for
damages from the defendant, a clergyman of Exeter, for
the seduction of her daughter. The case was tried at
Exeter, when a verdict passed for the plaintiff for Md.
Subsequently a rule for a new trial was obtained, on the
ground that the verdict was excessive and opposed to
the evidence. When the report of the Learned Judge,
Mr. Justice Williams, was read to-day, in which his
Lordship intimated that he was dissatisfied with the ver-
diet, and that the damages would not hate been so high
had the jury attended to his observations,

Mr. Baron PARKE said, that he thought there ough
o be a new trial.

Mr. COLLIER and Mr. KARsLexu, however, claimed
the right to show cause; and thereupon proceeded at
some length to contend that the rule ought not to be
made absolute.

The COURT, without calling on Mr. Greenwood to
support the rule, said that the facts of the case, coupled
with the affidavits filed by the defendant, called for a
new investigation. Without at all saying what would be
the result of a new trial, it was sufficient to state that the
case ought to be submitted to a fresh jury on payment of
costs.
Rule absolute for new trial.

COURT OF BANKRUPTCY, Feb. 12.
(Before Mr. Commissioner FANE.)
THE CREMORWE GARDENS.
IN THE BANKRUPTCY OF JAMES ELLIS.

This was a meeting for the adjourned last examina-
tion of the bankrupt, who was extensively engaged in
various speculations connected with public, places of
amusement. He was the lessee of the Adelaide Gallery
in the Strand, and of Cremorne Gardens, Chelsea. He
supplied with refreshments the saloons of Her Majesty's
Theatre and of the Lyceum Theatre. He catered for
Crockford's Rooms, for the balls at the Princess's Con-
cert Rooms in Oxford-street, for the balls at the Han-
oler-square Rooms, and for the La/ masque in Covent-
garden.
Some of the items are interesting. When the bank-
rupt took Cremorne Gardens there were old debts due
upon it to the extent :,'of 1,885/. Mr. Nicholson was the
former lessee. He lost by the Adelaide Picture Gallery
377/. He expended in building and improvements in
Cremorne about 8,0001. The refreshments sold at
the Adelaide Gallery amounted to 5,9821. The
receipts for refreshments at Cremorne were—
in 1846, 8,6261.; in 1847, 10,9571.; in 1848, 9,7191.; in
1849, 11,444/.—during the five years, 40,8011. The sum
raised for refreshments at the saloon in the Opera daring
the years 1846, 1847, 1848, and 1849 was about 1,400/.;
for ditto in Crockford's Rooms, in one year, 2601.: for
ditto at balls in the Princess's Concert Rooms, 106/. •
The receipts for admissions at the Adelaide Gallery
were—in 1846, 2,4414; in 1847. 5,6191.; and in 1848,
4,0031. There was a profit on the sale of bills of 831.;
and from the rent of the cloak-room in the Adelaide
Gallery a profit of 193/. was raised. At the same place
of amusement 1,056/. were derived from the rent of re-
served seats during the years 1846, 1847, and 1848; and
871. from the rent of the likeness-room.

At Cremorne the panorama Mexico brought in
2141.; Batty's tournament, 865/.; Dubourg's exhibition,
51.; upon advertisements, 3,000/. were expended; the-
atrical salaries, 4,5001.; firework., 1,2001. ; theatrical
band expenditure, 4,8001. ; tournament expendi-
ture, 5001. In 1846 admissions at Cremorne
made 3,181/. ; in 1847, 5,0451. ; la 1848, 4,586/.; in
1849, 5,199/. The balloon expenditure was 2,400/.; gas,
1.2001.; the improvements at the Adelaide Gallery cost
4201.; the law expenses are 2,600/. Upon the whole
there are unsecured debts to the extent of about 17,0001;
and secured debts, 12,0001. The principal, if not the
only assets, are 2,0001.1 which Mr. Simpson, the execu-
tion creditor, who had possession of Cremorne, will, it
is said, pay into the assignee by way of a compromise.
Mr. Hutton has been directed to pi ewe the balance-
sheet.

Mr. Liwranco supported; Mr. Taylor appeared for
,he assignees.

Mr. I.AWRINCE in support of his application for an
adjournment, stated that the bankrupt, with the assist-
ance of Mr. Hutton, his account,,nt, had been at work
night and day since the last examination, in making up
the books and preparing the balance-sheet. The ac-
counts had been so imperfectly kept by those to whom
they had been intrusted, that, although the materials
were abundant, a considerable time had necessarily been
occupied in arranging them.
An adjournment was therefore ordered, at the expense
of the estate, until the 26th of March.
The official assignee stated that the amount of ti :e
a;sets in hand amounted to about 9001, and that a fur-
ther sum of 1,0001. was expected to be realised. It was
further siatc'd that the unsecured debts proved and prov-
able against the estate amounted to about 10,0001.
A long discussion ensued, respecting a proof for more
than 1,0001., which was resisted upon the ground of
want of consideration and of usurious interest. The
proof was tendered by a Mr. Foulkes, who, it was al-
leged, charged an enormous rate of interest.
The CoSIMISSIONER, however, directed Foulkes to
furnish a full and particular account of all his transac-
tions with the bankrupt, and the meeting was again ad-
journed.

(Before Mr. Commissioner HoLBoID.)

THE DARTFORD SAVINGS' MANIC.-IN THE NATTER OP

73SEPH JARDINE.

A petition fir adjudication in bankruptcy was this
day opened against Joseph Jardine, of Dartford, in the
county of Kent, linondraper, whose defllcations as ac-
tuary of the Dartford Savings Bank have recently ex-
cited considerable interest. _ _ _

The petitioning creditors were Messrs. Leaf, Smith,
and Co., of Old 'Chang".
The act of bankruptcy was the execution of an ,
assignment by Jardine, on the 6th of February inst., to 1
Mr. Charles Colyer, of Dartford, of all his estate and
effects. The assignment contained a recital that the said
Joseph Jardine, in his capacity of actuary and manager
in the bank for sivings for the town of Dartford and its
vicinity, had received and neglected to account for divers
sums of money, amounting in the whole to the sum of
2,0001. and upwards; and that, being unable to refund
and replace the same, had proposed and agreed to exe-
cute to the said Charles Colyer, as a trustee for and on
behalf of the said institution, the assignment of all and
every the estate and effects of him the said Joseph Jar-
dine thereinafter mentioned upon the trusts thereinafter
expressed.
Mr. LAI/RANCE, who appeared on behalf of Mr. Hay-
ward, the solicitor for the trustees, who had been sum-
moned to prove the execution of the assignment, ob-
jected that there ought to be no arljudication, inasmuch
as by the 28th section of the 3d and 4th William IV.,
chap. 14, it was enacted " that if any person already ap-
pointed under the provisions of the Act of the 9th
George IV., or who might thereafter be appointed,
to any office in a savings' bank, or in a
society established under this Act, and being
intrusted with the keeping of the accounts, or having
in his hands or possession, by virtue of his said office
or employment, any moneys or effects belonging to
such savings' banks or society or any deeds or securities
relating the same, shall die or ',become bankrupt, or be
placed in eertain other described situations, his executors,
administrators, or assignees, or other persons having
legal right, or the sheriff or other officer executing such
process shall, within forty days after demand made by
two of the trustees of the said savings' bank or society
as aforesaid, deliver and pay over all moneys and other
things belonging to such savings' bank or society to such
person as the said trustees shall appoint, and shall pay
out of the estate, assets, or effects of such person all
sums of money remaining due which such person re-
ceivel by virtue of his said office or employment, before
any other of his said debts are paid or satisfied, or
before the money directed to be levied by such process
as aforesaid is paid over to the party issuing such pro-
cess." He contended that it was quite clear that all the
assets proposed to be seizad by the messenger under the
bankruptcy would be solely applicable to the payment
of the deficiency due to the savings' bank, and that those
assets ought not to be chargeable with the costs of prose.
cuting a bankruptcy which could not result in any benefit
to the general creditors.
Mr. JONES, the solicitor for the petitioning creditors,
having objected that Mr. Lowrance could not be hoard
at this stage of the inquiry,
The Learned COMMISSIONER held that all he had at
present to inquire into was, whether the ordinary re-
quisites of a bankruptcy were proved, leaving the dis-
potal of the assets for subsequent discussion.