The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-06-05 00:00:00

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LafirMtkatiolitatitYl66ittti tdOOVEVEIfgNe-
-4-iptibit,sifns4lie aaiesibeX and the Prfesed Ti iv4B',
r. PM ,t 4119 iorpiker relsted-itola conditiort that the railway":
ti. .641 g. )4 „sh.auld.. 494' IA 'liable- fordany delay'vlaich,
)11114-11. br ~, ati.papy.w,u,A.,, ,0„4.....,
I - •0 ~
p., eil93ri. Atir..f 4. ovheAeT,,, when t,loincllly,4
,Idtt 13@dia pA a and ilin''tickeVhaffletl over to ‘the ..pps- ,
:Ctiengie,4t-- illhie t 6 We for. t 1 466ay5pi,04,11414k.:1
iia.-thettibbniiktoi 'cziti3' Ina bferaVdo.- ' ' ''' . .
i
;
. Mr„ Mitwatet caratiatai eat it,iiiutectie*Wthscb
that tjoiffpassimger had read and-hal-saseented; tO the
coniclitfoxl.,befgrole travelledinaderit.,l ;14i
The Lord Chancellc.r.,:i4t .paust The shown that, the
document wap!readliy..*.it p,o3songerlarlfore itscOntenfee
couldWAlaiTasiorwingp,A#o4.l,lma cont,rpqt.
Lottrllath'drlef: In Many caseS the money is n4t
demanded and the ticket-is not given 'until the fillip is.
04.te!sit wisp? fanithiAiaStinWhiell.onidd I:4fly tonal.- .
[ tons Pkinttid .bir, thik• traCk lit witiCket under such sit-
rtbu-nPtalloViwilml:itAtituld beaipossibleifforhirsitogid-
."(Use to be:f.arried: vnder them 210:1 '-''.,..,
W
.744 Ai1**11)1:°94414,-tqafnte4fi-illget #sviresllip
'd'uty ,6_,- he: paasenger to I'4k to hlo ticket, in. order fp- 1
Zikettiiiiiiithat the terms of the contract were. ~.
The Lord Chancellor: But loerhapahe does not knot'
. •
1010 thorelif tillYthidii rtiiPl324..of thaMet: T
- -Mr., Milward : Then he oiighlf• to ld'hic.—
, Lord- O'Hirgan inquired Whether therre vAimarty case
..in ,whiellit3hs,d been!clecided that where it was proved
thq,t the ticket, with.t4ie conditions on the back, had
.been • red_eived by: the passenger, the Judge ought at
once to direct. the jury to ;find for the defendant.
.... Mr. Xliward was not aware of any case that went
Atiuite`to-thaf extent. Where certain fish dealers had
refused to have their fish carried subject to the condi-
tion on the ticket, that the, company: should not be
liable for loss by delay, it was held that the condition
exonerated the company from liability.
- The•tord Chancellor: In that case a clear notifica-
tion of the condition was received. That is exactly
What is wanting here.
Mr. Milward submitted that a man was not en-
titled to put his ticket in his pocket without reading it
and then endeavour to set up an entirely new contract
which the person who gave the ticket never intended
to enter into. It as immaterial whether the pas-
senger read the ticket or not; if he took it, he was
bOrtra by the conditions upon it. ,
' Mr. E. Clarkson followed on the same side.

ffbltt,

Their Lordships, without calling upon the counsel
for the respondent to argue the case, proceeded to
deliver judgment in favour of the passenger.
, The Lord Chancellor said that in this case there
was no reference whatever on the face of the ticket
to the conditions on its back which would have in-
duced ,the passenger to look at them, and upon the
face of the ticket there was a complete and self-con-
tained Contract with him to carry him from one place
to another. The appellants had taken the passenger's
money without calling his attention to the conditions,
and it would be most unsafe if they were permitted
afterwards to set up the terms of a document of
which the passenger had no knowledge at the time
the contract was entered into. He was glad to find
that there was no authorities in support of the proposi-
tion of the learned counsel for the appellants, that a
man was bound by the conditions on the back of the
ticket, whether he had read them or not. Under
these circumstances, he moved that the appeal be dis-
missed, with costs. -
Lord Chelmsford was of opinion that unless the
notice of the passenger was expressly drawn to the con-
dition on the ticket he would not be bound by them.
The moment that the money was paid and received
the contract was complete, and the ticket was a
mere voucher of the payment of the money, and
even if it were necessary , that a ticket should be
given in order to bind the company the passenger
was not bound 4l)y the conditions unless it was
clearly shown that he had read them. In a case like
this, where the shipowners sought to secure themselves
against the consequences of their own negligence the
tonditions should be most strictly construed against
them and the assent by the passenger to them should
be clearly established.
Lord Hatherley regarded the ticket as merely being
a receipt for the money paid.
Lord O'Hagan said there must be a conscious and an
intelligent consent on the part of the passenger to the
conditions before he could be bound by them. The
decision of their Lordships was a salutary one and in
accordance with common sense, and it would finally
settle a question which had given rise to great differ-
ences of opinion for many years.
The appeal was then dismissed, with costs.

THE VISIT OF THE PRINCE OF
WALES TO INDIA.
Preparations have commenced on board the Scrapis,
in view of the Prince of Wales's journey on board that
vessel to India. The idea at first entertained of con-
structing a new upper deck has been abandoned, and
his Royal Highness's quarters will accordingly be
situated on the saloon deck. The bedroom for his
Royal Highness (the space for which has already been
I marked) will be at the port side of the saloon, that is
at the side of the ship which in the journey up the
Suez Canal is known to be the cooler. At the other
side of the saloon, opposite the Prince's sleeping
chamber, will be placed the captain's cabin.
The long intermediate space of the saloon in which
the officers of a regiment travelling in such
a troopship usually have their messes will
be divided into three different sections by screens
of silk curtains. The first of these will be
the dining-room for the Prince, the second the drawing-
room, and the third the reception-room. A handsome
..ircase is to be constructed to lead from the drawing-
room to the main deck, upon which suitable apart-
-lents will be provided for the more distinguished
mbers of his Royal Highness's suite. What are
usually known as the women's quarters in troopships
-11 in this vcyage be occupied by the wardroom and
n -room officers of the Serapis. It has been decided that
, he Prince of Wales's yacht Osborne, Commander Francis
:t, shall go out to India with the Serapis, acting
, a tender to her, and it is understood that her princi-
?al duty will be to convey the prince up and down

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THE EARL OF DERBY ON SLAVERY
. IN CUBA,
In London, on Tuesday afternoon, a deputation
from the Anti-Slavery Society waited upon the Earl of
Derby at the Foreign Office, Downing-street, in re-
ference to the claims of England upon Spain' on the
subject of the slave trade- and slavery in-Cubs. The
deputation, which was introduced by Sir John Kenna-
way, M.P., consisted of the following gentlemen :—Sir
T. Bazley, M.P., Mr. P. A. Taylor, M.P., Mr. J-
Corbet, M.P., the Hon. Evelyn Ashley, M.P., Mr. J.
W. Pease, M.P., the Hon. A. Kinnaird, M.P. Sir
Charles Wingfield, the Revs. A. Buzacott, and J. 0.
Whitehouse, and Messrs. Thomas Pease, Edmund
Sturge, William Allen, R. Alsop, R. M. Fowley,
Stafford Allen, R. N. Fowler, and F. W. Chesson.
A memorial was presented to the Earl of Derby, in
which the society urged that her Majesty's Govern-
ment ought to take some decisive steps in the way of
friendly mediation to bring about an equitable termina-
tion of the civil war in Cuba, which was fast cul-
minating to a successful issue on the side of the in-
surgents, and must result in a further fearful slaughter
and a vast destruction of the invested capital of the
Island. The memorialists also urged the Government
to take steps for the abolition of slavery and the slave
trade in the island. Several members of the deputa-
tion having spoken in support of the memorial,
The Earl of Derby, in I.eply, said he would very
carefully consider all the suggestions that had been
made. With regard to the question of Coolie emigra-
tion, he thought, speaking off hand, that her Majesty's
Government had no right to interfere in the matter.
The only Government which, strictly speaking, had a
right to take up the cause of the coolies was the
Chinese Government, which at the present moment
did not prevent the emigration of Chinese subjects to
foreign countries, but which also failed to watch over
their interests afterwards. It was not to be expected
therefore that much would be done by the Chinese
Government. With regard to the general position of
Chinese emigrants in the various countries of the world
he apprehended that the real remedy to be applied—
and he felt sure that it would in time be applied—
would be to make the Chinese Government and people
-understand clearly the position in which emigrants
from their country were treated in the countries to
which they went. The free emigration of Chinese had
been increasing very rapidly of late years. As was
generally known, they were pouring very rapidly into
California, and he thought free emigration • was
destined to supersede the old system of emigration
under contracts. For his own part, he did not
absolutely and unconditionally condemn this system,
but he thought it required very carefully watch-
ing. When it was carried on by a Government
which sanctioned and continued the practice of ne,gro
slavery, he had no doubt it wasi open to \ ery gross
and grave abuses. However, he did not see that the
Government could do more on the subject than to
bring to the knowledge of the Spanish Government
any well-authenticated cases- of oppression and
abuse which came to their knowledge. With re-
gard to the ether questions) he must own to a feel-
ing of difficulty in expressuaz any opinion with re-
gard to the insurrection in Cuba. It had lasted a
long time, had been conducted with very great
pertinacity, and down to recent dates very little
progress had been made in putting ,it down. On
Abe other hand he thought it at least premature
tto say that the'. war was "fast culminating to a sue
dessful issue on the side of the insurgents ' as stated
in the memorial, and he did ' not think any pro-
posal on the part of her Majesty's Government at the
present time to mediate between Spain and the insur-
gents would be looked upon in a favourable light by
Spain. The feeling of high patriotism in Spainiards
was very strong, and it was true of them, as of
other peoples,. that they did not always accurately mea-
sure their own strength. If her Majesty's Government
were to make any suggestion to Spain, their answer
would probably be, We have got two civil wars
on our hands at the same time, and our efforts are
divided between the two. Let us finish with the Car-
lists, and then we shall have all our forces disposable to
put an end-to the vier in Cuba." That he had no doubt
would be the answer, and he could not blame the Spanish
Government for making it. At the same time, if any
prospect opened up of puttin g an end to the existing state
of things, her Majesty's Government wduld be very
glad to avail themselves of it. (Hear, hear.) With
regard to emancipation, he had no doubt that sooner
or later it would come, and that the same conviction
existed in the minds of slaveowners themselves, who
were only fighting for a continuance of the system for
a few years longer. At the same time he believed that
emancipation in Cuba could not be aceepplished by
itself, but must be a part of a general and coregete
,aeheme for tle pacification of the island. He-cdtild
not therefore admit that the present time was specially
favourable for English interference. If an oppor-
ttmity should arise in which the good offices of
England c04.1d be available they wodd be meet readily