The Express.
London, England, 1848-07-04 00:00:00

applicavon. No doubt Capt. Hudson had acted under legal
authority, and would not have removed Mr. Cobbett
unless
orders to that effect had been received.
THAMES.—THE Fence MONTH TOLL AOAIN.—W.
Castelt was charted with assaulting Joseph Holden, a toll
taker at Harrow-bridge, In the parish of West Ham, Essex.
This was a use similar to those arising out of an attempt 1
to enforce what is called " a fence month toll," thelproceed-
ings consequent upon which were reported in the Express
of the 22nd and 23rd ult. Upon the first charges of assault t.
which arose out of the attempt to enforce these tolls Mr. s
Yardley, the then sitting magistrate, fined two defendants
in trifling amounts, and at the same time expressed it as his
opinion that those resisting the toll were bound to prove
the illegality of the levy, and that the promoters of such
resistance, whether legal advisers er others, were liable to
indictment. Several charges of similar assaults were
brought on the following day (June 22), before Mr.
Bellantine, who came to a completely different con-
clusion. Ills worship held that the onus of proving
the legality of the claim devolvi d upon those who 5
demanded tte toll; that in obstructing any horse or vehicle 1,
the person so acting commenced the assault, and that the 2)
person impeded in passing the highway was warranted in
meeting force by torce that a toll demanded for only one
It
month in the year, whilst the passage was free fur the other g
I eleven months, was objectionable on the very surface; and,
fit
finally, concluded by expressing it as his opinion that the
toll was not legally demandable. The charges of assault
were dismissed, and one of the toll-takers, named Robinson, I
was held to bail. A meeting was subsequently held at ,
Stratford, when a committee was appointed to resist the toll
as an illegal one, founded on an extortion called che-
refuge, olaeled alter tile Norman conquest, and defined as
" • toll paid for a man's passage through a forest to the
disquiet of the wild beasts," l-ut now as obsolete
ea another forest law, which required that " all dogs
passing through • forest should have three claws of the fore-
foot cut off by the skin, under a penalty to the owners of
three shillings."—Mr. Sperling, who appeared to prosecute,
said he did not wish to introduce the question of toll, but to
try the simple assault. Since his worship had suggested the
propriety of trying the right by action the instruction given
to the collectors was not to try the right by distraint, but te
take the address of the parties refu-ing to a the pre-
vious day. Holden, on the prisoner's retusal p
topay the toll,
asked his address, hut the latter galloped en, and when the
collector ran after him to take the address from the cart
struck at him with his whip —Mr. 'Tis an in- e
Convenience to any man to be stopped for his address in •
public road, ^rid I am not bound to take notice of a refusal to i
pay any tolls except those created by an act of parliament. To L
stop a man's carriage is to commence the assault. If you want t
to try the right, several gentlemen on the last occasion said It
they would send drays or horses on purpose to try it by dip. at
traint. In the Essex Roads Act, which extends over the e
locus in quo, there is no mention of this toll, n.,r is there
any provision made for its collection. You must try your 7
right in the superior courts. In the meantime the pawn- 1.
ems along this road must not be obstructed.—Mr. Spar-
ling : But I wow complain only of the assault.—
Mr. Ballantine : Well, I will not go into it. Yon
may take it to the Si salons if you please. It is evident the
complainant interfered with Cavell in some way or other.
Mr. Sperling : We can establish our right for the last thirty a
years by the evidence of a police sergeant.—Mr. Ballantine: t
I do not care for the police sergeant ; but with reference to
that road you have no right to stop any one passing through.
—Mr. Sperling: Bet the prisoner used more violence than k
was necessary.—Mr. Ballantine : Perhaps he did; but this !'
man had no right to interfere with bim, and I dismiss the 2
cues—ln the course of the afternoon Mr. Turner, who ap-
peared for the defence, accompanied by three other at nth-
men, waited on the magistrate to ascertain ethe
rwhr '
he could give any direvions to the police n
following notice A toll-taker, named Holden (the
complainant in the above case), was in the habit
of rushing suddenly out in the road and stopping any
hones which pseud by at a quick rate in the nose with a .
paint-brush, putting the lives of the parties having charge of
them in the utmost jeopardy. On one occasion the conse-
quence was that a poor man was thrown over his horse's
head, and the cart, which was fortunately a light one, passed
over his body. It would be very desire tie if his worship
would he kind enough to give his opinion on such conduct.
—Mr. Ballantine would rather not give an opinion on a
subject upon which he might have to protounce judicially. He
bad declined to interfere in the charge previously made by
Hold-n, as the act of parliament gave him no jurisdiction.
The toll was said to be founded on a grant made by
Charles 11.. but be (Mr. Ballantine) could take no judicial
notice either of grants or customs. The act of par-
liament subsequently passed took no notice of such
a grant, and as no exception was made in its favour it
was to he presumed that there was no intention of continuing
it.—Mr. Turner said, the 15th report cf the Woods and
Forests, made in 1793, would show that there was no title
to the toll. His worship could have the report. —Mr. Bal-
tontine would always be thankful for infurmition on allocca-
shuts, but the report was not an set of parliament. If the
police saw any assault committed, they would of course take
up the parties. The case which he bad discussed, if taken
to the moons, would involve the existence of the toll.

MONEY MARKET.
MONDAY EVENING.
The transactions in the funds have been extremely
active, and on a considerable scale, to-day. Console
were done as high as 85, or full ;); in advance of the
final quotations of Saturday. Towards the close of
business prices descended, however, to 851 to for
the opening, and so left off. The decline from the
higher rates before ruling would result in the usual
course from buyers realising their profits. The
market was strong to the last, and the scarcity of
stock, with the easiness and abundance of money,
would seem both to be in favour of the stability, if not
the further improvement, of prices. The payment of
the dividends also, now within a few days of
maturing, must bring forward a large amount of
money for re-investment, which is another element of
the confidence by which dealers and speculators are
encouraged in their purchase operations. A larger
proportion of the July and January dividends is
usually, as experience has shown, disposable for re
investment than of those receivable in the other two
quarters of the year. The April and October divi-
dends are absorbed to no inconsiderable extent, so far
as the public are concerned, by the payment of land
rents in the agricultural districts, and other out-
goings falling due generally at those periods.
It is calculated that about two millions will thus re-
main over for reinvestment this quarter, inclusive, of
course, of Chancery, Bankruptcy, Corporation, and
trust dividends. It is not to be supposed, however,
that the whole will be replaced in the funds. Rail-
way shares and other securities will doubtless invite
the appropriation of considerable sums.
Reduced Threes left off 851 to Three-and-a-
Quarter per Cents., 86 to 1. Long Annuities, 8 11-16
to 1. Exchequer Bills, 385. to 40s. premium. India
Bonds, 17s. to 21s. premium. Bank Stock, 1891
to 191
The rise in Consols assisted prices in the foreign
market, but without creating much business. Mexican
were higher at 161 to 171; Peruvian at 31 to 3 ;
Brazilian at 65 to 7. Chitin at 80 to 2. Spanish
Fives were slightly better at 111 to 121 ; the Threes
at 211 to 1 ex dividend ; Passive at 31. Portuguese,
17 to 18. Dutch Two-and-a-Half per Cents. 433 to
4 ex dividend ; the Fours, 65 to 7 ; Russian, 91 to 3 ;
Danish, 65 to 70 ; Belgian Four-and-a-Half per
Cents., 58 to 62 ; Venezuela, 14 to 17.
We regret having to announce the suspension to-
day of Mr. G. F. Braine, a merchant of most respecta-
ble standing, and largely engaged in the East India
trade. For some short time past reports were current
of the house being in difficulties, which it was hoped
and believed he had been, or would be, enabled to
surmount by assistance from the Bank of England,
as he was, and gill is, understood to be possessed of
property more than enough to meet all demands. It
is stated that a meeting of the creditors will be con-
vened on the sth or 6th instant. Time only, it is un-
derstood, is wanted for a liquidation by which all
claims will be satisfied, leaving still a respectable re-
siduum of property to Mr. Brame. This gentleman is
asserted to have returned to this country not very long
since with a fortune of a quarter of a million, the
fruits of honourable industry in India and China.
The extraordinary depreciation in the cake of all
Eastern produce, as of indigoes, of which he was a
large holder, is ashigned as the chief cause of his em-

Advice, from Hamburg, of the 30th ult., report
the same features of the money market which are ob-
served here. Money abundant could find no employ-
ment save in the funds, which were all on the nse in
consequence. Bills were scarce on all places, except
on London. Sugar and coffee were, however, more
in demand, and a steady business was doing, but for
consumption only. Speculators still held aloof, ex-
pecting to purchase at lower than current rates.
ENGLISH FUNDS.
3 per Ct. Red. Any,. 83t5 Bank Stock, 191 89t 91
New 3t per Ct. Anna, beri 46 t India Bonds, ELM, 2017
Long Anna, cop. Jan. 5, 1860, 8 Con.ob for Om.. 851 9
11-16 ax DAM. 314., Jana
Ditto 30 you; etp. Oct. 10, 1869, 29 as
et 7-16
TORNIO:
6 per Ct. Brazilian Bd., Sloan, 67
6 per Ca Chinon &D., 81
er . 1646, 17
Do.p Acct., July 17. 174 145
6 pr Ct. Perutian lids., 33
trtotor. tort. Ct..Ptreou Bds., 17
6 per Ct. Humana Bd, £3
6 Strad. Bda, Acct., July

FUNDS.
5 [ter CL Sparkish Passive Bd.,
7
3 per CL Spanish Bale.. 231 1. ex
24 per et Belgian 141 x, Ex. 25
, 33
24 trance Ct. Dutch Ex., 12 gull, 433
lx di..
4 per CL Dutch Certificates. 67

RAILWAY NEWS.
The share market continues in a generally improv-
ing state of prices, but without that increased activity
of business which might be expected. The quotations
were'all on the advance, and the dealers looking for-
ward confidently to extensive purchases for invest-
ment by the recipients of the forthcoming dividends.