The Sun.
London, England, 1842-01-27 00:00:00

COURT OF EXCHEQUER, Jan. 26.

THE ATTORNEY-GENERAL V. THE EASTERN AND NORTH-
EASTERN RAILWAY COMPANIES.
This was a special case, sent by the Lord Chancellor,
to obtain the opinion of the Court, as to whether the
Railway Companies were entitled, under the Acts by
which they were established, to cover over a certain
street or way, called Goddard's-rents, in the parish of
Christ Church, Spitalfields, for the purpose of making a
railway station over the way in question. The case had
been already before the Court on Saturday, and the ar-
guments having been brought to a conclusion this morn-
ing, their Lordships postponed their decision.
The Attorney-General and Mr. Koe appeared for the
Commissioners of the parish ; and the Solicitor-General
and Mr. Butt for the Railway Companies.

COURT OF BANKRUPTCY, Jan. 26.
(Before Mr. Commissioner EvANs.)

IN RE HILL AND BROOKS,

At a former hearing of this case, Mr. Kearsey, on
the part of the assignee, opposed the admission of five
bills of exchange, drawn by a person named liaise,
(recently a bankrupt), and accepted by the present
bankrupts, without (as they allege) any consideration.
The objection was that the bills having been drawn in
England, and not bearing an English stamp, but pur-
porting to be drawn in Guernsey, were illegal. The whole
amounted to nearly 3,0001. Maise, having been called,
admitted that the bills were in his handwriting, and that
there were no such persons as Douglass and Co., of
Guernsey, in whose name they were drawn, the house
carried on under that name belonging to him alone.
But he refused to say where he had drawn them, be-
cause the answer might subject him to a criminal pro-
secution.

This day Mr. ICEARSEY proposed to prove by other
witnesses that the bills were drawn in London ; and
Mr. Rees appeared for the holders.
Mr. Glegg examined—He was a clerk to John Caspar
Maise, late a bankrupt, from May, 1838, to the date of
his bankruptcy. Could not say whether Mr. Maise was
in town on the 13th of December, 1840. The entry in
the stamp-end of the cheque-book produced, under date
of 31st of May, 1841, is partly in Maise's handwriting,
and partly in that of witness. This, and the entries on
the 29th of May, were for duty upon spruce. Other
entries shown to witness were in the handwriting of
Maise, but he could not say he saw them written. The
bill-book produced, and marked Bills Receivable,"
was Maise's. Some of the entries under date the Ist of
June last, were in the handwriting of Maise. Could
not say whether he saw Maise make the entry
on that day, which refers to Hill and Brookes.
The entries under date the 140111 of June, and
particularly the entries of the bills, from 3,012 to 3,015,
were in the hand-writing of witness, who received them
from the hands of Maise. The latter was in towti on
the 16th and 17th of that month.
Cross-examined.—Was a clerk in Maise's counting-
house. There were other clerks occasionally, part of
the time, but not the whole. There were others' in
May, June, and July, 1841. Maise had a confectionery
establishment at Guernsey. It was carried on under the
firm of Robert Douglass and Co. He was in the habit
of going to Guernsey once in three months, perhaps
oftener. Could not say whether he had any dealings
with the banks there. Bills had been remitted from
Guernsey to him. Witness had known him to take
bills from London, and get them exchanged fox:others in
Guernsey. These bills were exchanged chiefly through the
medium of persons named Harris, Harvey, and Camp-
bell. Does- not remember when Maise was last in
Guernsey before his bankruptcy. Bills were not always
entered in the bill-book on the days on which they were
received.
Re-examined—The shortest time -.witness remembers
Maise to have been absent from London to Guernsey,
was four or five days. The cheque, dated the 19th of
June, was charged to his personal expenses, but witness
could not say to what purpose the money was applied,
nor could he say positively that Maise went to Guernsey
on that day. Saw him in the counting-house in London
on that day. Could not say, within a fortnight or a
month, when he saw Maise since the 19th of June.
• To Mr. BEES—Could not state when Maise was last
in Guernsey, previous to the 19th of June.
Hr. Brookes having been called by Mr. Kearsey, Mr.
Bees objected to the other bankrupt remaining in the
room. He said that he must stand upon his rights, for
the objection against the bills held by the persons whom
he represented was the most unfair and dishonest that
ever was made.
Mr. Hill then withdrew.
Mr. Brookes examined--Was absent from London in
the beginning of June last. Left London on the Bth of
that month, and returned on the 16th. After his return,
first saw Maise on the 18th, at the office of the latter,
No. 46, Lime-street. -
Mr. BEES objected to the question "What conversa-
tion had witness with Maise on that day ?" and the
Commissioner decided against the question, observing
that no declaration of Maise could be evidence against
the creditors.
Examination continued—Saw Maise on the 19th of
June, at his (witness's) office, 56, St. Mary Axe. Saw
him afterwards in the evening at Southampton, when he
was, to the best of witness's belief, on his way to Guern-
sey. Received from Maise the several bills now put into
his hands. Of one bill he could not say how it came into
his hands, although the acceptance was in his hand-
writing; for by some accident it was not entered in the
bill-book at the time. Received the bills from Maise on
the 19th of June, in the morning, at his (witness's) office,
in St. Mary Axe. Remembered this from the entry made
at the time, and from having afterwards refused to give
up the bills to Maise, because Mr. Hill, his partner, was
absent.

Cross-examined— Could not tell exactly when his
firm stopped payment, as be was not in this country at
the time. Believes it was in the beginning of July.:
Made an offer of composition to the holders of those
bills in September, and also in October. Showed them
an account current in which they were set down as credi-
tors to the amount of the bills. Had been in the habit of
accepting bills for Mr. Maise before the date of these
bills. The paper now produced and described as a
"Rough Statement of the Affairs of Hill and C 0.," was
that which he laid before the holders of the bills. Offered
them a composition of five shillings in the pound.
Thomas Hill the younger, examined by Mr. KEARSEY—
Saw Mr. John Caspar Afaise, on the 19th of June last, at
Southampton. Of five bills put into his hands now, he had
received four from Mr. Brookes, his partner, on that day.
Neither self nor partner ever had any value for these bills.
Knows that Maise went to Guernsey on the 19th.
Mr. KEARSEY submitted that the evidence was suffi-
cient to establish that the bills must have been drawn in
London, for the witness had . distinctly sworn that
Mose was in London on the days of which they
severally bore date. He cited. the authority of Chief
Justice: Best, in the case of Birey v. Moore, 24 Caning-