The Express.
London, England, 1862-03-07 00:00:00

t 'L E: lIKEN WELL.

DPORTANT Ji•DcNCST UNDID TNIt WAINSWORKs CLAUSIN
ACT.—THZ vrsTRY Or et. JAMIE AND NT. JOHN,
cutairowrax, r. tat GOTINSON AND COSPANT or THE

WSW IMO.

ow which &Recta the whole of the parishes
is the esessepolic The New River Company greed
with the vestry of Clerkenwell to @apply them
vith 4,797 gallons of water for the purpose of
cassseieg WA watering the atreets and highways vested
I. aed wader the managemeat of the mid mstONY,
mid within the limits of the New River Company's Act,
lits 2. They could not erre upon the price, the New River
Company charging '2.o'. I:s., whilst the vestry contended
that they were only liable L. per the sum of 1191, Is.. 6d.
for the water, being at the rate oi6d. for every 'A/Ogallala
a water.

Mr. Poked, the barrister. contended for the parish that
17 the provision of the Waterworks Clauses Act, 1047, the
company C"talt lint charge more than lid. for every 1,000
and that the magistrate could fix the amount.
Mr. Baxter, solicicir for the N.. River Company, at.
tended sad argued coat rig
Mr. L'Essicostrt now gave polgmeet. He mid—neatly
quietism in this MOP I, whether the 41st section of the 15
area 16 Vie. cap. ItSl (the New River Company's Act, 1862)
rezuhites the charge to be made for supplying water for
watering the sti sets, and excludes the operation of the 37th
section of 10 and 11 Vic., cap. 17 (the Waterworks
Clauses Act, 1417). Had I come to the conclusion
that the rate of charge was governed by the 41st
auction of the eornpiov's act my jurisdiction would be at
.10 end, sa:it was only to case of a dispute under the Water-
works Clauses Act, section 37. I am, however, of opinion
that the matter in depute ie not within the list section of
the compaey's Oct, but conies under the 17th section of
the Waterworks Clausie Act. That act extends to every
subsequent waterworks act which shall declare it (as in
this cam) to he esposely incorpwatiel therewith, and all
the dames thereof are so inearporated, 'awe so far as
they shell be expressly turned or excepted by any ouch
act." It is that the matter in dispute is to be
goversed by the Waterworks Clauses Act, liaises the 41st
section of the ompany's act makes such etyma variation
or excepting. Now, that the rase of waterlog the 'treads
is eat expressly excepted by the 41et section I. obvious,
;wither in my opinion are the terms of that section so clear
to show soy ibt4.llLioll tO exclude the operation of the
-.7th .ectiooloi the Waterworks Clauses Act., which would
•.therwise govern the matter.
Mr. Poland still asked the magistrate to fix the aniouat
that was to be pool, but limed to produce any evidence.
Mr. I el•lsnciiiut saiil evidence ought to be produced, sad
bruissed the summons for wont of

PERILOrs %MIMS Or • RAILWAY TRAIN.—
rtn Tue.dse afternoon. the passwegee train from Dritilehl
to Milton had the narrowest of escapes from demolition.
Ther, i. long heavy gradient falling towards Melton,
lie whivh the train Wss paring at full speed. The
lice is rarriod on a very high embankment., merle by On
forroati.m of wide ditches on either side. About midway of
this embankment there is a crooning connecting the two
portion. of the rectory farm, Settringtom the road op each
sale being elm carried tap on embankments. Over this
..raaing a man was driving a team of three horses and a
b"neiiy laden cart, apparently quite uncommon' that a'
train woe rattling down the iodine upon him. All means
in the power of guard and engionmui were resorted to,
without arresting the attention of the driver of the horses ;
to step the train was impwoble. The bones were aeons
thv bee, mot the enginemaii prepared to dash at the obstruc•
tem, in the hope of clearin,t the reit*, the alternative being a
run .ver the embankment, noise eight or ten yards. At
this moment the fanner awoke to the peril of has pennon,
soil roiling to his hones' heads, suemeded is torahs; than
Jove the line—ito act of daring which saved his own life,
an l soloubterlly those of the passengers, bat no narrowly,
that the train grazed the hones as it shot past.
The American papery; Ray that the Japanese am-
were to leave Jesido fur England on the 24th
'January