The Express.
London, England, 1855-02-01 00:00:00

MILL 9. 71111

//AMWAY COMPANY AI D

This was a motion for an injunction la restrain the rail-
way company, aad the odor d whe were the
owners sad crew of a vessel called the WWI. from prose-
sada( certain satiate whisk had been mienetemed Ia the
Admiralty Court, earl to andenia them henariamemeneiag
eay ether actions la !hell nr coq ether ania Whin the
*nadir, the owner of the wood ealled the ChM,se newest
of any damage or lose oessedeeed by • collision between the
two vessels. The faats:as staled in the bill were that the Clara
was • brig of 192 toes, lied left Woolwich, in ballast, in
September last, with • crew consisting of a muter and
mess lees. In the sight of the 23rd of September she
ems into collision, sear the Qua Beet Light,with a schooner
galled the Elia, whirls was laden with iron. The result of
the collision was, that the schooner end her cargo were
totally l-et, the wife sad two children of the master were
drowned, part of his private effects was lest, some personal
iijury was also suffered by himself, and several of the crew
were lost. The vein* of the brig Clara at the time of
the collision was stated at 1.2501. On the 30th of last Sep-
tember, the owners of the Eliza commenced an action in
the Admiralty Court, on behalf of themselves and the rest
of the crew, spina the plaintiff, in a cause civil and mari-
time, for the purpose of revive:Jog from the plaintiff the
value of the Eliza, and of the effects of the muter and
erew. The Clara was mixed under a warrant from the Ad-
miralty Court in that action, but was released os bail being
pat in. The allegation upon which the action was founded
was, that the collision was caused by the improper aaviga-
tioa of the Clara, but this the plaintiff did not admit. The
bill then alleged that the plaintiff apprehended that claims
would be made seeking to cast upon has liability la respect
of the lives lost, and the personal injury to the master, and
that the railway company had commenced an action in the
Court of Admiralty, in respect of the alleged liability of the
plaintiff in respect of the loss of the iron. These liabilities
the plaintiff ezpresely stated that he did not admit. The
plaintiff then alleged that he was denim' of having the
amount of hie liability, if any, determined by the Court of
Chancery, and to have such amount, if any, distributed
rateably among the several claimants who had made, and
should within such reasonable time as the coon should di-
rect, make and establish any claim in respect of such
liability.
Mr. Bolt and Mr. Martindale, in support:of the nodose
relied upon the 17 and 18 Vie., it. 104 (the Merchant Ship-
ping Act), part 9, sections 604 and 614, by which (see. 604)
it was enacted that no owner of any sea-going ship, or of
any share therein, should be answerable in damages to an
extent beyond the 'slue of the ship and freight due or
growing due during the voyage, in eases where any of the
following events occurred without his actual privity or fault,
—viz , firstly, where any loss of life or personal injury was
caused to any person carried on such ship ; secondly, where
any damage or loss was aimed to any goods, merchandise,
or any other thing whatsoever on board such ship ; thirdly,
where any loss of life or personal injury was, by season of
the improper navigation of such sea-going ship, caused to
any person carried on board any other ship or boat; fourthly,
where any lam or damage wee, by reason of such improper
navigation, caused to.any other ship or boat, or to say goods,
merchandise or other things whatsoever on beard any other
ship or boat, with a proviso that in cases of injury to pas-
sengers the value of the ship should in no case be taken to
be lees than 161. per registered ton, and that (sec. 514) where
any liability bad been, or was alleged to have been, incurred
by any owner in respect of loss of life, personal injury, or
lees of, or damage to ships, boats, or goods, and *sweat
claims were made, or appre headed, in respect of each
liability, then (subject to the right of the Beard of Trade
theteinbefote given) it should be lawful for the Court of
Chancery in England or Ireland, and the Court of Session
is Scotland, and in any Briti-h possession, for any competent
court to entertain proceedings at the suit of any owner for
the purpose of determining the amount of sock liability, sub-
jest as thereinbefore mentioned, and for the distribution of
such amount rateably amongst the several claimants, with
power for any such court to qop all amities and nits pend-
ing in any other court in 'elm ion to the same subject matter,
and any rroeeeding entertained by such court might be
coadusted in such manner, and subject to suck regulations
as to making any persons interested parties to the same, and
as to the exclusion of any claimants who did act come la
within • certain time, Rastas requiring seetarity from the
owner, and as to the judgment of oosta as the court should
think fit.

Mr. Willeoek, on behalf of the defendant', reatended
that the act did not ghre any jutiaietion to the Court of
CLeurry, except in oases in which the party; admitted his
liability, end where, consiumintly, the only 'petting' for the
mart to decide was the distribution of the fund among the
several slimmest's. _

—The Vier-Chstactellor said that the question raised was as
important ono is respire to this emstraetioa of the set of
parliament. The object was to protest shimmers in cases
°Sally usfortsuate liability, aid gaits a limit to the liability
is sash raps ; and the amount for vitieh the owner be.
aiming:liable is such easesthem Ismaili a common feud to
answer all liabilities; sad it would he so.sifeetly aquae to
allow one pima to come is and swallow up the whole et
that manes% or, o• flee other bead, in anew the owner who
admitted his liability to be harassed by williswa The pro-
earthsg was ia the nature of a• hairpin/sir be. when the
party admits his liability and Weirs the hal its watt.
Ths section in the new act was in some sumpeses wider in
its terms them the old act if Cheep but
it sew could bate been the of the
legislature that ell the machiusey deledeeed In the act
alma he set in motion and all the piessedlap taltsw, when
after ail it mieht be found that the wilds War was about
nothing. The argnmeat rested spot the istesdaillea et
the words " whets any liability was Saadi ai hige bus
incurred," but those words might be empllebted wittiest'
putting the constraction contended frie lep Ile plaietli
spots them As the *iota. amine did sat admit say
liability at all, drat question must be tried (Ad decided is
the proper soot, sad the present medals met be refund
with amts.

COURT OF QUEEN'S BENCIL-Lug. 31.
inwisme um lasco.-1111.011l Wan WIIIMELL. £P MOM SOLD
Ina.. erternw.. AND 11111010.1011.
111 11 CRSISTII.-00UNTT COURT SURVIDIOTION.

11r. Bery'eeat TNmm applied —;;16esert71;;;;; Co-
eur.. from Whliseisanareet Prises of Joseph Christie
who was coinattned hero the County Court fifths &Ariel of
Whitecbspel for 10 der. It appeared that ea the oth of
September, 1864, a judgment was *Maimed aping
*knot by one Cooke he ply, sad that ea the Slet of
tober in the ease year he (primer) bed beam, looliteeet.
He filed hie pendia is the les_ebera Debt= Omit, add
included the lodgment debt to Ossiefla that petition, from
which court he was illetberged ea the Nth ellfeventrer.
Subsequently, ea on Mumma iseimosteenimes, tio was,
ea the Mk of Jeastry. 114 eimdtted fur $0 days to

Whiseressubeet Prises !be leased ems' eilbraltaid
that the prises was Gabbed I. his Subs& sods
tlis Ist saddis lad Viet., see. 90 and 91,
jTISK. sesseedi
that possess obeyed bes debt nallerz lawbeat
Debase Ad weld ass be bold fro=
debt ever siediedies of the resslast
Court caused, tbat diselnwp bus Owe awn was •
bar to any sits wbieb sight be brash% sad thatNahat4
disbars* Ss Moment of Ss Comely Oast was es
Lord Caselali-1t say hays boss pseud balsa Ibe
jadgs of the Costly Court that ths debtor was is a iodise
to pay the asasat, sad is the sends of hie dlsorellea he
say kas thoaght it peeper to imprisea his. Thesis ths
ems el blowy v. Payee, whisk is a beset authority ea this
easstioa, sad by that deafens Os court mold be gaillad.
Theatres the application seat be Wend.
•
Applleatioa Waled accordingly.
IN SR WILLIAM lIINRY 2•111214 OEM, 4i(1...P1101.051D

13.ADX1110101.1 OP AM ATTOZNIT.
Sir Fitzroy Kelly, in this case. raid he was iutruethd to
move for a rule for this re-admission of William Henry
Barber uan attorney of this court. The motion wu made
lon new matter death important* that he had no doubt the
learned lodges would wall smolder it.
Lord Campbell—Would it not be mars convenient to
sake the motion an affidavits.
Sir F. Kelly—l was going to ark your lordships to name
thy day after term for bearing tins motion, so as to suit
the 0011•110i011Ce of my learned friend Sir F. Thesiger, who
was instructed on the other side,
-

Sir F. Tbesiger—l beg to call the attention of the asset
to the feet that on a former occasion an application was
made to the court, after the proper motion was disposed
of, in which your lordships beard that application, and
took afildavits of additional evidence. Probably it would
be more advisable to pursue the same course now.
Lord Campbell—The motion had better stand over till
the first day after neat term. It is to be understood that
the motion is to he made on weighty, new matter, as the
ass has been attentively considered before and since I bo-
oms a member of this Part, and solemn judgment pro-
nouseed upon it. It any new matter should arise, It will
be for the emit to hear it.
Sir F. Kelly—l am aware of all that has takes place on a
former occasion, and I beg to assure your lordship that I
would not have mad* this motion had I sot bees aware
that it was grounded on new and most important matter.
It was finally arranged that the motion should stand over
until tke socood day after neat torn.

WEE FZPRESS, THURSDAY WENN% ;IYEBRUA.RT 1, 1835.

_ .
isa it t&t &ironed Teri'
eceowat, ae was aliesed. hatseeperate be of the
deceased. Oa the arssalso the 19th January the 'Meager
was sees to thrust the dammed with great ?Jolene, out of
his hems (mashed the deer ease her, and epee her going
across the read to the beam et a neighbour mused
Leanest, be eheerved that bleed was literally streusel(
from her perm, mad aka szelehaed that her husband had
kicked her, sad that he was her eserderer. Medical aid
was sent ter immediately, bat she died the sue* night, and
it tensed set epos • pose iuserdass ezmaleatiois that the
femoral atm bad bee* ruptured, appareatly by • kick,
and the death use the remit of the lemerrhap that owned.
Wbse the primmer was ant qmetioned he defiled having
kicked his wife, bat said that he had given her some money
te buy a boned with, and that she got drunk and spent it,
and when he remeastrated with her she dew at him and
seised him attbfe throat, and on endeavouring
to extricate nse a struggle took place, and the
derwased fell down two sues, and ha kicked against her
accidentally. A son of the prisoner, who Wes examined es a
witness, said that his mother was frequently very violent,
end that she was is the habit of throwing teacup. at his
father, and that she bad also frequently threatened to stab
him. The enema who was examined also sail that when
be saw the deceased she appeared under the excitement of
drink.

Mr. Midlands*, is addressing the fury for the prisoner,
said that although it was very natural that acts of violence
of this description should create a feeling of disgust in the
mind of everyone, yet he could not help thinking that if
they knew all the cireumstanoes, and were aware of the
misery that a man in the position of the prisoner was
frequently 1110111plald to endure during the wholes
of his eziatean from having the misfortune to be
allied to a drunken, worthless wile, they would
in many of these eases be compelled to corns to
the conclusion that the man was really the victim,
and that he was sot the most to blame. In the present case
the prisoner, out of his bard earnings, bad given his wife
money to purchsae some articles of wearies apparel, and
instead of doing so she squandered the money and came
home drunk. tinder these dream:stances, what was more
likely than that a quarrel should take plate ? But he urged
that there wee so positive proof that a kick bad been inflicted
by the prisoner, and that the probability was that in her
drunken state he had fallen down, and that the injury was
inflicted accidentally in the way the prisoner had stated.

Kr. Justice Williissue having summed up, the jury found
the prisoner Guilty, but retnessuended him to many on
sear! of the provocatioa be bad received.
. . .

Hle liordsh*iw raft seallsass, said that the prisoner
bad ban seadsimmi et w nut diepsistal and unmanly act,
but at the same thus heemald ■et say that there were no
eirensistanoss in tin ease which to same extent mitigated
theelfemee he bad semsaitted. It was not improbable, and
thejery evidently believed it to be a fact, that he bad re-
ceived a good deal of provocation, and it was certainly im-
possible not to feel commiseration fora man who had
the misfortune to haye a drunken wife. Hie offence, how-
ever, was of a very lotions character, and the court would
neglect its duty if it did not peas upon him a sentence of
some severity. He then ordered the prisoner to be kept to
hard labour for one year.

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