The Express.
London, England, 1853-11-19 00:00:00

THE EXPRESS, SATURDAY EVENING, NOVEMBER 19, 1853

A I:aft it:14%1:40y iSf :lei „saint be afterwards
umle
byaiheing • 'temp ts; it
o.oct and effect of erasing a cheque w ith the "
Lame of a banker seem to be much mieunilerstoutl, in-
quints bring frequently made of the Board retracting the
pe ..:tice is reference to the receipt stamp duties. A cheque
is not in any way affected by being thus crossed ; the
(Toning merely amounts to a request to the banker not to
pay the cheque, eseept through a banker; but this re-
quest he may altogether disregard ; it does not, and is I
not intended to import a receipt, and neither creates a
necessity for a stamp, nor makes a stamped receipt un-
nsceenary.

FRO TILE LONDON GAZETTE—Friday, Nor. 18.

ST. JAMES'S PALACE, Nov. 16.
The Queen has been pinned to appoint the Rev. Thomas
Protheroe, to be one of the Chaplains in Or.linary to her
Majesty.

WHITEHALL, Nov. 15.
The Quen his been pleued to grant the place of one of
the Lords of Session in Scotland to Robert Handyside,
E.g., her Majesty's Solicitor-General in Scotland, in the
room of Adam Anderson, Req., deceased.
The Q ieen his also hecn pleased to nominate and ap-
poiut the said Robert Haudyside to be one of the Lords of
Justiciary in Scotland, in the room of the said Adam An-
&nue, deceased

181
Se
94
U

1711
7291
188
277

90
180
181

a
34_

liii
217

Olt
126

281100
77

conformity wi:h the fifth Article of the Coveution, he con-
sidered and treated as finally settled, barred, std thence-
forth inadmissible.
Foreign (Mot, Sept. 19,1353.

T 22
96
78

173
263

1874
ze

498 f
128

Si
149

33
28381
11

4431
677
240

Aberdeen
Belfast and Ballymena
Belfast and County Down
Birkenhead, Lanc., & Cheshire.
Bristol and Exeter

Caledonian and
Edinburgh and Glasgow
Cheater and Holyhead
Cork, Blaekrock, and Passage
Cork and Bandon
Dublin and Belfast Junctien
Dublin and Drogheda
Dublin and Kingstown
Dundee and Arbroath
Dundee,Perth,Aberdeen June
'Dundalk and Enniskillen

Bast Anglian
East Lancuhire
'Eastern Counties and Norfolk
Eastern Union
Edinburgh, Perth, di Dundee
Eider and Crediton

Farness
Glasgow and South Western I
Great Northern& E Lincolnsh i
Great Southern & Western (I 01
Great Western
Irish South Eastern
Kendal and Windermere
Killarney Junction
Loneaster and Carlisle
Lancashire and Yorkshire
Lirerpool,Crosby, & Southport
Londonderry and Coleraine:.
London and North Western
London and Blackwell
London, Brighton, and S. Coast
London and South Western
Londonderry and Enniskillen
Manchester, Shoff., & Lincoln.

BonthJanetion~

Itgrcirt end Carlisle
Midland Great Western (Ire.)
Monklands
Illeweastle and Carlisle

------
North British
North Western
Ori.,Wore.,& Wolverhampton

Scottish Central and
Scottish Midland
Shrewsbury and Birmingham;
:•hrewsbury and Chester
Shropshire Union
.South Devon 1

!South Eastern
!South Wales
?SouthYork.,Doneaster& Goole
?Taff Vale
....

jillster
West Hartlepool & Co.'s Doc
Waterford and Kilkenny
Waterford and Limerick
West Cornwall
Whitchaven Junction
York, New.& Berwick, &York
& N. Mid. & Leedallortheml

1852. 1853.
1,589, 1,825
6211 743
1861 222
1,571 1,850
4,182 5,214
13,087 14,190
1
3,496. 3,952
1371 187
172 212
941, 1,160
1,021, 1,263
686 725
555 427

430! 545

2271 287
24,722;27,283
9241 -
8,233
233 --
4211 464
1,342, 1,703
24,796. 29,822
'21,641. 82,110
16,434; 17,640
7,1621 8,359
15,541? 19,888
2,78.51 3,784
338, 527
4,076. 4,408

Kati' Intelligence.

COURT OF QUEEN'S BENCH.-YESTERDAY.
011711,011 u 1143400.-111110.13 LOAD CAIIIIIII.I, • D JUITICSA COI lIIDU

Ii'LAZ 0. 81

AND 1/.16L1.

ID AND UT/MRS.-THE ROYAL RANK

OP ♦1

This was an action to recover the amount of three instru-
ments or promissory notes for 1,6001. each, payable three
years after date, and purporting to be signed by the direc-
tors of the Royal Bank of Australia. The declaration con-
tained three counts upon the three notes, and also counts
for money lent and money had and received. The de-
fendants pleaded ant a denial of having made the notes,
and secondly a denial of the plaintiffs being the lawful
owners of them. Upon these pleas issue had been joined,
and a verdict entered for the plaintiffs subject to • special
case. The plaintiffs were the holder• of the instruments in
question as trustees under the marriage settlement of Major
and Mrs. Brown. Three of the defendants were directors of
the Royal Bank of Australia, and four were shareholders
who had executed the deed of settlement. It appeared
that the deed of settlement had been executed on the 3rd
of August, 1840, and the company had immediately com-
menced business. In 1841, Mr. Benjamin Boyd, the pro-
moter of the concer•,went out to Australia with authority
to commence business on behalf of the bank at Sydney.
Up to this period 4,501 shares had been allotted, on which
1!. per share had been paid, and three call, made. No
general meeting of the shareholders was held before 1845,
hut all tbe business was transacted, and the management of
the cmncern carried on bythe court of directors. Capital was
?Mud in the meantime, in order that the banking ►usiness
might be carried on, and money transmitted to Australia by
means of promissory notes, similar to three on which the
action was brought, signed by the directors in the name of
themselves and the shareholders. The undertaking was
not so successful as had been anticipated, and in
notrk- '

1843 it'had to be wound up. The holders oitho promissory
notes theft made their claims against the estate of the
ceenpany. The questions now raised were whether the
plaintiffs could recover upon these instruments against the
directors; aad if so, whether the directors were personally
liable, or had authority to bind the general body of share-
holders.

Mr. Cowling, on the part of the plaintiffs, now called the
attention of the court to the terms of the deed of settle-
ment, and to the resolutions of the shareholders at the
general meetings, fur the purpose of showing that they bad
authority to issue instruments of this description in order
as raise money.
Sir F. Kelly, on the part of the shareholders, contended
that the directors had committed a fraud both upon the
plaintiffs and upon the shareholders by issuing these instru-
ments, and that they had certainly exceeded their authority
in doing so, u neither upon general principle nor by the
terms of the deed of settlement could they pledge the credit
of the shareholders to such an extent as they had professed
to do in this ease.

Before the conclusion of the learned counsel's argument
the court rose.

WIOUIMAN AND A MIXON 'vat'.

.11,T1(

BONE r. YOUNG AND °TREKS -STREET ACCIDENT.

- -
This was en action to recover damages for injuries ans-
taMed by the plaintiff, by having been squeezed against •
wall by a cart.
The accident, it appeared, happened in a place called
Cock-bill, where the cart which the plaintiff had in charge
was standing. The plaintiff went a few steps from the
horse for • short time, to speak to a captain of a vessel
about some zinc. During this interval, the defendant's
waggon came up, and, according to the plaintiff's ease,
struck the cart. The plaintiff ran to his horse's head, and
hid hold of it, but the waggon again touched the cart, and
the shaft swung round, and pressed the plaintiff against
the wall, and severely injured him. He went to a medical
man, whose charge Lwas a guinea, and another medical
man's bill was 61. 6s. The plaintiff was compelled, in eon-
sequence of the accident, to stay away from his work for
siz weeks, his wages being Us. a week, but it appeared that
after that time ho had gone to work again, and at the
same wages as before.
The defendants ease was, that the accident was caused
either wholly or in part by the negligence of the plaintiff,
that the plaintiff backed his horse against the waggon and
so caused the accident.

Several witnems were called on both sides, and the evi-
dence was of a contradictory kind.
His Lordship, however, went carefully through the facts
of the case, nd left the whole matter to the jury, who after
considering it in private for some time, came into court, and
gave a verdict fur the plaintiff, damages WI . 6i.

BUSINIVS OP Till COURT.

This wu the first day of the second sittings in term in
Landon. The list contained 20 causes, seven of which were
remaneu.

COURT OF EXCHEQUER.-YESTERDAY.

swims IM IANOO.-116VOIZ THE COO DAWN, 1111. WON FALL;

•
NIL DAMON ALDIIIIOO, AND II /A SAWN PLATT.

SEIPP V. THE EASTERN COUNTIES RAILWAY COMPANY.
-LIABILITY OP RAILWAY COMPANIES FOR AN ACCIDENT
TO A SERVANT.

Mr. Edwin James and Mr. Hawkins appeared for the
plaintiff ; and Mr. Crowder (with Mr. Burgers) represented
the defendants.

This was an action to recover compensation in damages
for an injury alleged to have been sustained by the plaintiff
through the negligence of the defendants.
Mr. James sato that the question in this cue was of the
utmost importance, and had upon several occasions been the
subject of discussion at Westminster. The question was
this, whether • railway company was liable for an accident
which might beret any one of their servants when in the
performance of their duty to the company. With regard to
the present ease, it would appear that the plaintiff, at the
time of the accident, was in the service of the Eastern
Counties Railway Company, and was acting in the capacity
of guard to what was termed a goods or luggage
train. The particular train left London at a
quarter before nine o'clock, on the morning of the let of
Ju.y, 1852, and everything had gone on satisfactorily until
the train reached the Lea-bridge station. Upon its arrival
at that place the plaintiff found that there were 42 trucks
on a siding which were to be linked on to the train and
taken on to Norwich. It so happened that there was not
only no porter, nor any other men who could assist the'
guard in shifting and linking on these trucks to the main
train at that station, and therefore, in his anxiety to link
them on, so as to get away from the place before the arrival
of the passenger train, and thus prevent either a collision
or the stoppage of that train, the plaintiff had teen thrown
under the wheel of the engine and had his arm severed
from his body. This was the injury for which the plaintiff
claimed compensation. The learned counsel then pro-
ceeded to refer to the law having reference to the subject,
and urged that this case varied in its circumstances from
the case of a domestic servant, and submitted that a rail-
way company having servants to undertake the perilous
duty of guards, were bound to provide them a sufficient staff
and adequate assistance, to preserve them as well as
the public from accidents—trom those serious er
fatal accidents which could not but happen where there was
an inefficient discharge of duty on the part of the company
ur of their servants. He should call the unfortunate plain-
tiff, and another man who had acted as guard upon this
line to a goods train, and the jury would learn from them,
that having no assistance et the Lea-bridge station, they
were always in fear when they had many trucks to link on
.o the train, they might be overtaken or run into by the
next passenger train. The coos, quence was that the guard
was oblipd to use the greatest activity in shifting off the
trucks and attaching nem to the general train, and it not
unfrequently happened that ;he slipped or was thrown
down as in the present case, by the weight of the extra
trucks, the great anxiety being to get away before the
arrival of the passenger train. The witnesses would also
inform the jury of the fact of their having sent repeated
rejoins to the manager of the difficulties they had to
encounter, accompanied by a request that assistance should
be sent to the station, and that no answer had ever bees
returned to those reports, nor had any assistance been given
to them, except now and then, when a porter would come
from the Tottenham station. This being the state of things
with regard to this company, he would appeal to the jury,
whether being bound to have a sufficient force of men to
carry en their business with the view to the safety of the
public, as well as of their own servants, the defendants were
not responsible for any accident that might happen to the
men, and liable to make them a compensation for any in-
juries they might so receive.
The plaintiff, and another witness named Staines, were
then examined, and corroborated the statement of the
learned counsel.

Mr. Baron Martin asked Mr. James if that was his case ?
Mr. James replied in the affirmative.
Mr. Baron Martin was of opinion then that there was no
case to go to the jury, awl went on to say that the railway
company was not responsible for any accident which might
betel their servants. If a servant wee disaatistied with his
employment, or if he found it attewled with so much
danger as to render him fearful of the conseqw aces, it
was perfectly competent in him to quit the em-
ployment; the company did not compel him to
remain in their service; but the mart remained
of his own accord, even though he was aware that
the duty he had to perform was of a dangerous character.
His so remaining in the service was clearly his own act.
He had the power to quit, hut he did not choose to do so,
and then this unfortunate occident occurred, and for the
consequences ut that accident, in his opinion, the railway
company W 43 not responsible. He should, therefore, direct
the jury to find a verdict for the defendants, there being no
evidence to go to them is proof of their liability.
Mr. James said he would rather consent to a noasuit, as
he proposed to bring the question before the full court.
A nonsuit was then entered.

THE POLICE COURTS.
. . BOW-STREET.

JJuio Losisdak, a young gin of 18, was charged with
stealing fruit in Covent-garden-market.
The offence having been proved by the beadlre of the
market, who had often detected her in similar acts of pecu-
lation, the mother of the prisons r, a respectable looking
woman, stepped into the witness box to beg the assistance
of the magistrate in her endeavours to get the girl placed
in some ri (amatory esylum. She stated that ever since
the age of eight she had keen an incorrigible thief, begin-
wing her sad career by stealing the slates and school books
of her companions at school. She had been repeatedly
supplied with clothes, and placed in good situations, but
she did not remain in service, except to rob her employers.
Last week she was at Brighton, but she had left her place,
and sold nearly all her clothes.
Mr. Jardine said he would commit hen to prison for a
month, and in the meantime it would be worth while to
consider what could be done for her in the way suggested.

WORSHIP-STREET.

Jana as Wane, a general dt.lcr, carrying en business in
Piumbir street, City-road, was charged with having
iiire►ted and threatened the life et wife.

The complainant, a pallid, deiicate-looking woman, who
had en infant in her arms, stated that she had beta married
twelve years to the prisoner, by whim she bad a family of
five children, and that he had been in the habit, during the
whole of that period, of subjecting her to such constant
brutality, that her life was a complete burden to her.
' Shortly before nine o'clock on the previous night the pri-
soner returned home in a state of intoxication, and harshly
ordered her to repair to bed, at the same time threatening
that if she ventured to return down stairs he would murder
her before the morning. She accordingly proceeded to her
bedroom, and laid herself down by the side of her infant
child, to whom she had only recently given birth, but had
only keen there a few minutes when the prisoner entered
the room, and, after passing a light before her eyes to iveer-
tain if she was asleep, he cautiously descended the stairs to
the street door, and admitted some one into the house.
Witness shortly afterwards heard the sound of female
voices in the passage, and, after remaining for some time in,
a state of extreme terror, as she apprehended that he was
about to carry out his deadly thri at towurds her, she at
length made her;way down to the parlour door, and on
into the room she observed the prisoner drinking with
two prostitutes, who w ere partaking with him of a hot supper.
The moment she made her appearance the prisoner nee
from the table and commenced an unmerciful attack upon
her, in the course of which he repeatAly struck her with
all his force about the head and face, and ultimately drove
her back into the passage. The prisoner then opened the
Street door, and after letting oat the two women, renewed
hie attack upon her, and after knocking her dawn by a ter-
rible blow on the forehead, he caught her up in his arms
and flung her heavily on the floor. The prisoner then left
her, and ran out of the house ; and although witness had
nothing on but her nightdress, and was without shoes or
stockings, she followed him into the street and gave him
into custody: The complainant added, that the prisoner
bad been in the habit of depriving her of proper food and
nourishment until her health and strength were impaired
to a serious extent, and that she had been compelled on
four previous occasions to obtain warrants against him.
The prisoner carelessly remarked, that their frequent
disagreements were occasioned solely by the jealous and
violent temper of hie wife, sod that the evidence against
him had been very much exaggerated.
Mr. Hammitt said that it was a most aggravated case,
and he should order the prisoner to be committed to the
House of Correction and kept to hard labour for six months,
in addition to which he should require him to produce two
responsible sureties to be answerable for his good behaviour
for the further term of six months.
MARLBORO UGH-STREET.
Henry Robinson, a well-dressed person, who described
himself as a musician, living at No. 16, Shawfield-street,
King's-road, Chelsea, was committed to prison, with hard
labour for three months, on tire clearest evidence, for having
indecently exposed himself to females in Ilyde-park.

. .
SOUTHWARK.
Rebecca Ltetcood, a needlewounn, wac brought before
Mr. Combe, charged with stealing fire unfinished costs.
Sarah Cuter said she lived with her mother at ltotker-
hithe, and they took dress coats t 9 mate up for Messrs.
Cooke and Co., St. Peal's churchyard. The prisoner
worked fir them, but was not allowed to take any of the
materials aw►y. On Wednesday she absconded with the
materials fur live gentlemen's light coats, and information
was immediately given to the pAtce.
Police-constable Richard Chememan said he went to the
prisoner's house, and on searching it he found the materials
for the five coats. The prisoner came into the house shortly
afterwards, and he then took her into custody. She said
that prueecutrit had allowed her to take them home to finish.
The prosecutriz said she was not allowed to take any
materials home. Besides the property now produced, wit-
ness missed a finished coat the same day, which had been
worn by the prisoner's brother.
The prisoner said she knew nothing of that coat, but
the others she merely took home to finish.
Mr. Combo remanded her for a week, to enable the
officer to trace the missing

LAMBETH.
Emma Bed:11, a nurse, in the service of Mr. Shepheard, of
the Telegraph public-house, Brixton-hill, was charged with
robbing her master.
The prosecutor having missed money from his till for
some time past, marked a number of sixpences and penny
pieces. About half-past five on Thursday morning a po-
liceman whom he had secreted in his house, heard a noise
in the bar, and on turning on his light he saw the prisoner
in her night dress, with a bottle containing gin, which she
had just purloined, in her hand. le her room were found
17 packets of sixpenny pieces, two sovereigns, and 7s. GI
in silver. Amongst the coins were seine of those marked.
Mr. Sacpheard had missed from do. to 7s. every morning for
some time before.

ilieiTris;iierWas remanded.
Mr. Norton was occupied fer an hour with a dispute
between two fishmongers respecting a tin label, valued at
20. ! The matter was finally compromised.
HAMMERSMITH.
Thomas Ryan, aged 32, a shopkeeper in Kemal' New
Town, was charged with abusing his wife.
The complainant alleged a long series of ill-treatment
against her husbaad, and charged him with havicg com-
municated a disgraceful disease to her four times.
Defendant denied the assault, and attributed the bruises
I on his wife to falls oecasioaed by her intemperate habits.
Mr. Paynt.e maid that if the ptiaosor treated his wife in
the manner described by her, it was not to be wondered at
that she should be given to habits of intolics'ion ; however,
u the particular assault complained of was not a serious
one, he should only order him to find two sureties in 101.
each and himself in 201., or be committed for oue month.
The prisoner was locked up.

MARKETS.

- • -

SUGAR.—The average price of sugar, the produce of
the British possessions in America, computed frum the re
turns made in the week ending the 15th November, 18.53,
is 236. ajd. Sugar, the produce of the Mauritius, 20e.
Sugar, the produce of the East Indies, 255. 3d. The
average price of the three foregoing descriptions of sugar,
jointly, is 235. per cwt.

BRISTOL, Nov. 18.
Si:GAIL—The market centi•ucs steady, and prices are
rather firmer. The traneactions of the week are not large,
owing to the very small supply on show ; but the demand
is decidedly better, and • good businen could be done if
there was a larger assortment offerieg. Of foreign, a cargo
of 1,800 boxes hu been disposed of at former prices, and
there is still inquiry for this class of sugar. The refined
market hu been dull this week.
Of Rum we are still without sales to report.