The Express.
London, England, 1853-11-09 00:00:00

THE EXPRESS, WEDNESDAY EVENING, NOVEMBER 9, 1853

1843, respectively. so far as they purport to declare any
trusts of the property conveyed by the said indentures of
the 3rd of December. 1761, the sth of December, 11u9, sad
V. 11th and 12th of August, 1112, or any of them, moons
sisteut with the trusts of the bald indenture of the 3rci of
December, 1741, ate respectively void and of no effect ; apt
point new trustees to he named in lieu of the deceased
trustees, tax all parties their costs as between solicitor and
client, and direct the rem to be raised and paid by the
trustees by sale or mortgage of the trust premises, with
liberty to apply.

loners ran to the cab door, an 1 the p►osecutor immediately
found h,a %.,,tth in the cab.
Alderman Lawrence -Du you still persist in the b.lief
that that g, tatha.ou is the prosecutor ?
Officer-1 do, sir. 'l'•. the best of my belief, he is the
party.
The gentkman—Common sense ought to convince you I
am not thr pers..n ycu take me for. For if 1 were, and
wished to keep it secret, I should not come into court.
Another friend of the absent prosecutor proved that the
officer was labouring under a groat mistake ; and
Alderman Lawrence then said—As the prosecutor does
not think proper to come forward and identify his own pro-
perty, it must be taken back to the station, and I shall dis-
charge the prisoners.
In the course of the day the real prosecutor made his ap-
pearance, and certainly dad bear some resemblance to the
gentleman who had been placed in such an unpleasant posi-
tion by the officer's mistake.

COURT OF COMMON PLEAS.-YESTERDAY.
OITTINGS 111 CUM hence Mart% U. menu'

wiw•Yq AND DZ. !CRICK TAIJIAMIA

ACM:LIZ V. LEIDEMAN.-1111 COAL TRADE OF

The plahriff in this case is the captain of a vessel called
the Triton, which was chartered by the defendant to carry
• cargo of coals (rum Newcastle. It happened, however,
that some delay task place, and the ship was detained in
the Tyne. Upon this state of facts the plaintiff commenced
an action to recover damages for the detention ; and in the
County Court of Newcastle he recovered SOL The defend-
ant, however, was not satisfied with this result, and he
appealed to this court upon the ground that the judge be-
low had been guilty of a misdirection. The point in-
volved in the appeal was said to be of very great importance
to persons engaged in the coal trade of Newcastle.
Mr. Bovill appeared for the appellant, aad Mr. Udall
the respondent.
Mr. Bovill said he should only call the attention of the
court to two of the questions raised upon the case which
had been went up, via., whether the judge of the county court
was right in rejecting certain evidence; and whethe. his
construction of the terms of a charter party was correct.
The learned counsel stated that in the Tyne there bad been
for 'omit time great contests as to the loading of vessels,
and it ultimately became necessary to pass an act of parlia-
ment to regulate the turns of vessels loading in the Tyne ;
that act being the 8& 9 Vict., cap. 73. Although, how-
ever, there was a statutory regulation as to the loading of
coals, this does aot affect coke, the loading of which article is
regulated by the custom of the port. By the 11th section
of this act, the " fitters " are to keep four lists—one, con-
taining vessels for foreign parts; two, homy vessels; three,
thou to be loaded by spouts; and four, those to be
loaded from barges; and the 12th section forbids
vessels to be entered until they ass within two
miles of Tynemouth, and provides that each
master shall take cargo from the place, and in the manner,
and the same kind of coals for which he has entered. The
charter party now in question wee dated the I lth January,
1813, and by it the defendant chartered the Triton, which
was stated to be then in London, and ready to leave for the
Tyn. , and on her arrival there he was ready forthwith "in
regular turns of loading " to take on board a quantity. of
coals and coke. The body of this document was in print,
but it was important to notice that the printed word " turn "
had been altered by the pen to " turns." The kind of
coals and coke to be shipped was to he left to the discretion
of the charterer, but it was provided that he should not
load higher up than at a place called Hewdea. The judge
of the county court held that the term " turn, of loading "
meant that coals should be put on board filet, and coke
afterwards; and be was of opinion that there was no
ambiguity about the meaning of the term, and he refused to
receive any evidence to elplsin the custom of the trade as
to " turns." It frequently happened that vessels were kept
in the Tyne for a month, and if the decision in the
county court were correct, the conaequeace would be
that the charterers would be liable to pay enormous
amounts for detention. The Triton left London on the
19th of January, arrived at Newcastle on the 25th, and was
entered on the 26th. The coals had been waiting for her
from the 20th January, but it was not until the 3rd
February that she was ready to take them en board Three
or four days after the date of the charter party, she was
entered on the coke list of a particular colliery, and when
she arrived there were only two vessels on that coke lisp,
so that but for the delay in her getting ready she might
have taken in both costs and coke at once. But having
delayed to take the coals until the 3rd February, it wan
found when she went for her coke that a vessel, named
Fourteen, was in course of loading. Before her loading was
finished, the frost and snow prevented thecoke being brought
from the colliery, and so she did not receive the whole of
her cargo until the 3rd of March, and the Triton was
obliged to wait until after that time. The plaintiff pro-
tested against this, and after some negoeiation the present
action was brought to recover damages for the delay. The
plaintiff cootended at the trial that the Coals Act did not
apply to coke, aad that as to the lad named article the
custom was, that it should be put on board in a reasonable
time. The defendant then offered to prove that the custom
in the Tyne was to wait the turn, as the Triton had waited,
but this evidence the judge rejected, and then directed the
jury that the cargo should have been put on board in a
reasonable time, and that it was not sufficient that she bad
taken her turn. This ruling the learned judge adhered to,
notwithstanding he was referred to the case of
Robertson v. Jackson, 2 Q. B 412, which it was
submitted was precise'y in point. In that ease
the charter party was that a person should take coals from
Algiers, for the French marine service, and there deliver
them " in turn," and the court admitted evidence that the
phrase, "in turn" had acquired a special meaning. The i
learned counsel contended upon the basis of this decision,
that there was nothing te warrant the ruling in the court
below, which was clearly wrong in law.
Mr. Udall, for the respondent, addressed the court
shortly, in support of the decision in the court below.
The Chief Justice said that this appeal was in the nature
of an application for a new trial for misdirection, and not
to enter a verdict or a nonsuit. He was of opioion that'
the appeal should be allowed, and the action tried
again; and for that purpose it was orly necessary
to advert to what was really the only question
in the sense, without reference to what might
ultimately be the liabilities of the parties. The simple
point was, whether the judge was tight or wrong in reject-
ing the parol evidence and in construing the eh party.
He thought that he was wrong. The judge below had road
the charter party as meaning that the coal was to be first
put on board, and the coke afterwards ; and if that was the
meaning, he was of opinion that the vessel was to be loaded
in a retainable time. When there was au act of parliament
regulating the loading of coals, and when it was known
that the Tyne was full of vessels hurrying to get cargoes,
there was enough probability of ambiguity to let in evi-
dence to show the meaning of the words "in tuna," and
that evidence aught to have been admitted. The case was
very similar in his opinion to that of "Robertson v. Jack-
son," and he thought the judge of the county *cruet was
mistaken, and there should be a new trial.
Appeal allowed with costa.

COURT OF

r.-YESTERDAY.

IN 111 BARTON.-THE " RO3 AAAAA BRANCH " GAILDW

This was the certificate meeting in the cue of W.
Barton, described as a licensed victualler, of Islington. The
bankrupt had kept the Rosemary Branch Gardens, a place
appropriated to al fresco amusements. The 'minute, pre-
pared by Mr. Thomas, extended over a twelvemonth prior
to the 12th August last, commencing with a deficiency of
23291. The sum owing to creditors was 7,1691. ; assets put
down at 7001. in property. The profits were stated at 8501. ;
trade expenses 1,1221.; personal ditto, 1751. ; losses, 3,5931.
The last item was thus explained by the bankrupt :—" Las
by fire at the liasemary Branch Tavern, Islington, when
the circus and stabling recently erected by me at an esti-
mated coat of 1,0001. was entirely consumed, together with
two horses, and all the harnees,stable utensils, and properties
of the circus, which cost at least 5001.-1,5001. Estimated
depreciation is the value of fixtures, fittings, &c., at the
Rosemary Branch Tavern, estimated to have cost me 3,0591.,
but which are not estimated to nail's under the bank-
' ruptcy more than 1,0001."
Mr. Bagley, for the assignees, aho were large creditors,
stated that they had been very favourable to the bank-
rupt all along, but from some circumstances which had
come to their knowledge within the last 48 hours they were
induced to ask that the consideration of the certificate
might be adjourned until inquiry should be made into the
new features of the case. It was represented to the as-
signees that property had been concealed, and that a mar-
riage settlement existed, of which the bankrupt had given
no
account.

Mr. Lawraace, for the bankrupt, said he should not op
pose the application for adjournment.
After a short examination of the bankrupt, the further
hearing of the case was adjourned for six weeks,