The Express.
London, England, 1860-06-26 00:00:00

TUESDAY _ MINE t 26, 1860.

ECCLESIASTICAL COMMON, ha., BIM& _
The • debate on the order' or reading the Illisolo-
siistkal Cumsiedoe Bill a second time war resumed by
Mr. G. C. B/INTINCIE, who spoke in favour of the amend-
ment of Yr. Selz. that the bill be read • second time
that
raa. ArW3ll2Kmalso.ateMd several objections to the mea-
sure, and amampt them that 4 conArnied the stipendiary
character of the imam of the bishops and deans and
chapters. 1
Kr. HALINB aggesied, that Instead of allowing the
dean and chapter to retain the whole of their estates, they
should retain only • proper amount, and that some ma-
chinery of • simple character should be provided for hand-
ing over the eatpis to the EoeleniallsalOomainienere. This
m~ht be dens without actin/ area the pied* of arm-
or such ertendre powers loose body.
Lard J. EU .1:11 Mid that the eldest of the bill was to
wore a more equitelile distribution et church remain, so
that the axone d irsosiotant capitu4r gytas
should be applied to tile of small livings. It
wee &Nimble that tin isa deans and clispters
Amid hold busied
yroperV. IL esters of the church
were sold, and the mosey intoned la the feat* the dig-
nitaries elf the estalltahment might Wei mere certain in-
• Int they woul not hare dirt depeadmios 011 the
land and l the stake ia the country midair Ailed them
to
L 77. ESTCOURT objected to the be, est that it
geposed to treader the Nimmons of theme anatell from
it ee ecclesiastical oarpor• to the an of the church
by means of • oak, bat Wows it 41.41 vie of the
machinery of the sesiselestied comae's* aim fat the
sale and future menagameet el the nalele• The saos.nt
rof nsairensat was, is ealiea. preferable to
arodies that was proposed to be salmilhated for
thbt, however, that the obtildions which bad bees
urged spinet the measure amid be better discussed in
committee. He would thereforsreessamend the withestral
of the amendment.

Mr. FiIiLWYN oonsenting,tke ameadmwet wasthea with-
drawn, and the bill read a second time.

The home then west into committee upon the Miner Re-
gulation and Inspection Bill, rod some of the clauses were
agreed to, after much dismission, the CEIAIRMLN being
ordered to report progress
The Inland Bonding Bill was read a third time and
passed.
The Union of Benefice* Bill was mad a second time.
The adjourned debate on going into committee upon the
Municipal Corporations (Ireland) Art Arnsedinent Bill was
resumed, when
Colonel DICKSON moved to defer the oommittee for six
meths.
This motion, after a short discussion, wee negatived upon
a division by 61 to 2s, and the house went into committee
on the bill.

The bill then peened through committee, and the house
resumed..

The Admiralty Court Jurisdiction, No. 2, Bill was read a
mond time.

On the motion of Mr. Willem leave was given to bring in
a lull to continue the Poor law Board fora limited pseud.
The House adjourned at 5 unfair peat two o'clock.

PARLIAMENTARY COMMITTEES.

METROPOLIS LOCAL ILANAGIMRST.

The committee is &wanted to consider this bill,which has
been introduced for the of amending the 18th and
11th Viet., c. 120, for iLi butt., local management of the
metropoha. The committee consists of Mr. F. Peel, Mir J.
Hamer Major Stuart, Mr. Hassid,and Mr. Childers.
Mfr. Montego. Chambers, Q.C., Mr. Minn, Q.C., and Mr.
Woolrych, appeared in support of the bill.
The number of petitions against the bill is upwards of
60 • for more than 40 of which appearances were entered.
Amongst thecommel who represent the petitioners are Mr.
Leigh Wrangham, Mr. Hope Scott, Q.C., Mr. Russell
Gurney. Q.C. Mr. T. Chambers, Q.C., Mr. Deane; Mr.
Paget, Mr. ItOdwell.
Mr. Montague Chambers, Q.C., said be had the honour
of appeanag in support of this bill, which was a public
bill of the greatest importance, and had been prepared with
the utmost care by the Metropolitan Board of Works ; and
its object was to enable that board to carry out ens of the
most important schemes, so far as the metropolis was con-
cerned, which had been contemplated in modern times—
a scheme nut merely for the effectual draining, but for the
sanitary management of the whole meoopollien district.
There were three periods to which it was necessary to call
the attention of the committee. The first was the period
anterior to 1848, and the system of sewerage which
hail existed op to that time. The wood was the
period from 1848 (when an act pined whereby all the
sewers in the metropolitan districts were placed under one
set of commissioners) to 1856. The third period extended
tram that time to 1858, when the Main Drainage Act was
passed. The system which prevailed anterior to 1848.
which might be called the direct and indirect
benefit system, was founded on the principle
of levels. The assessment under that system took
it for granted that parishes and places having no
main sewers received an indirect benefit from
sewers in other parts of the level. The act of 1601 gave
the jurisdiction over all those levels to one board of com-
mis/loners, who sat in tioho-square. The mode of seams-
meat, according to the direct and indirect benefit system,
still continued to exist, but soother power was entrusted to
the oommissioners, the exercise of which had produced con-
siderable difficulty. Instead of adhering to the system of
levels they divided their domain into districts, so that a
portion of one level might be included in one district and
other portions to another. The assessment according to the
system of levels still went on, and there was a great dif.
&idly in coming to any conclusion as to the amount of
benAte conferred. Before 1848 a debt amounting to
95,000 f. hail been contracted by the seven then existing
boards, and under the act of 1848 that debt
was transferred to the new commissioner', to be
spread over all the metropilitau districts exclud-
ing the city, which was out of the jurisdiction of the
commissiesers up to 1856, having a system of it. ow., and
a set of local commissioners. In 1856, when the attention
of the legislature had been attracted to the enormous quan-
tity of sewage poured into the Thames, and the nuisance
thereby created, another act was pea, having in view
sanitary and general metropolitan purposes. Under that
act another difficulty &nee. In order to prevent such an
immense dew of filthy matter into the Thames iu the neigh-
bourhood of the metropolis, a provision was made in that
bill fur the construction of intercepting sewers, which,
in fact, became a portion of the main drainage.
The limiting words of the 170th section had ren-
dered the act nearly unworkable, and had produced
an amount of litigation with regard to the sewers
rates which called for the interference of parliament.
That act gave the cominiesioueni the power of obtaining
rates or contributions for every sewer coutemplated, but
when they called upon districts and boards it was found that
contributions could only be demanded in proportion to the
benefit derived, as under the old level system—a system
totally inapplicable to the new state of things. Now it had
been found quite impassible to work out that principle in
connexion with the act et 18115, under which the metropolis
was divided into districts. The whole area having been as-
certained, in some cases a large parish was constituted a
district, and in other caws several parishes were formed into
a district. When the Metropolitan Board required a sum
of money they probeedal to issue a precept, but were bound
to look to the benefits derived by different places.
Sir J. Hanmer— I suppose you propose to remedy that
difficulty by the 7th clause.
Mr. M. Chambers—Yes. The learned gentleman then
proceeded to point out the impossibility of assessing the
rates equitably, and some of the disputes which had arisen,
and the legal proceedings consequent thereupon. Although
power had been given for the construction of intercepting
sewers, there were no feuds fur the purpose, anal tho cone
missiooers were suddenly called upon to impose very large
rates. After the out had been in operation for three year.
another was passed, which was known as the Main Drainage
Act, under which power was given to raise assessments over
the area of the whole inetropelitau didrict for the repay-
ment of a loan of 3,000,000. to be obtained by the
board. The est of 1858 providel that the main
drainage 'Totem should be considered an entirely
metropolitan measure, and that all the property
should be subjected to a rate of :M. in the pound. The
working of the present system involved two amessoreint•
With regard to the 3,000,00 W., it was found neceesary to
anew it under the Maio Draioage Act, which had so vele-
m°, to benefit derived, but when they lied to deal with
the sewage under the act of 1855, they were to
=d upon the old principle of assessing under the
system. The learned gentleman ooncluded by ex•
■ hope that the committee would consider that the
kid down in the present hall not only sound,
hot:lnted M practice to mem many difficulties which
now existed. Having pointed out the ilistiuriehing cha-
se:Seriatim of various amass, the learned gentleman pro.
coded to call wittiness. after whisk the committee ad-
*inroad

Sc-rrizrotta IN Ivotr.--Benlpture in ivory know
compare' with the classic.', mediaeval, and stealmance
periods of art, so seklom cultivated that any work el art.
ginel inveution in this beautiful material ie istaranks, if
only for its rarity. Our readers will hosted to know there-
fore that there ars on view at Munn. Colusghi's emend
pieces of sculpture by the Baron de Trigeseti, of the most
ambitious aim awl elaborate esecutina. The most import-
ant are four boa reliefs, decorating a superb and very de-
gmtly proportioned bronze vase. The ankiects of these
era "The Dreams of Youth and Maturity.' 1f.,. are the
:En.astEerl" with her visions of future love and maternity
and succeeding the pleasures of childhood ; "the
;W' with his dreams of love and tumultuous pleasures
of anbition and of glory • the "man of labour," with
abundant bernena, succeeds sod fortune smiling upoa him in
Wesley : awl the " man of thought," the poet sleeping
beneath the statue of Fame, dreams of being welcomed and
crowned by his groat predecessors. Homer, Virgil,
eapplio, and Dastw. lirAitiem these bas-reliefs there are
Ibsen statuettes of "The Dying Cleopatm," "Aroma play.
tag the Cymbals " (which we noticed lest season), aad• fresh
asulpiare. entitled "First Love," a young girl caressing
thoughtliasly a young &niacin'. The very admirable portrait
of Tessaysno, by kir.VfaUs, is still on view at this wasblish-
nst, and the Henan. Colon& have sow • very Intereating
mil valuable collection of workshy old maiden.
Tut METROPOLIS Uwe BILL—The committee, of
which Mr. &Ullman &Munn is chairman, passed the bill
Womb yesterday aftwasca, atter sitiing 21 clays.

ihadifinett 4‘
HOUSE OF LORDS.--Jmis 25.

AnIULL
Their Lordships sat to-day, with the assistance of the
Common taw Judges.
TIM LAMM( COUNT= 1111111.1VAT' COMPANY r. MAIULLILOIL
71S was an appeal from a decision of the Court of Ex-
chequer Chamber, arming a judipnant of the Omit of
Exchequer. The action was brought by the respondent to
recover damages from the company for not having con-
etructed certain bridges and other accommodation works on
premise of the respondent, connected with land of his
which had been taken by the company for the purism of
their railway. Their third piss wee, • thig the premises in
question were not situate is a town," so as to bring them
within the 94th section of the Leads Clauses Consolidation
Act. At the trial the jury found a verdict for the plaintiff,
the now respondent, leave being reserved to move to enter
a verdict for the defendants on the third piss. The Court
of Exchequer discharged a rule whish had been obtained to
that eff., and on appeal to the Exchequer Chamber the
judgment of the court below WY affirmed, thus deciding in
favour of the plaintiff the now respondent. The present
appeal was that brought.
-Mr. Mellish appeared for the appellants ; Mr. Lush and
Mr. Coach Girths respondent.
At the concision of the arguments, • question involving
the point in dispute was submitted to the learned judge*,
who asked for tame to consider their opinions.

EQUITY COURTI3.—Juaz 25.
(Beton Vice-Chancellor Sir R. T. lideraley.)
T 1 2 ATTORNIT-OlOrliAL r. THE 022iT ROSTRIAN RAILWAY
CONTART.--RUUNCTION AGAINST DIALRIC IX COAL.
This tion was filed by the Attorrin•Geueral on
the relation of Thomas North, for the of obtaining
an 'Venation entraining the company fromdealing in eoaL
The Information stated that the act incorporating the Great
Northern Railway Company was passed in 1i146, that the
Railway Clauses Act was incorporated therewith, and that
in neither of these acts, nor in any other act of parliament,
was there any clause enabling the company to deal in coal,
or to employ the funds of the company otherwise then for
the purpose of making and maintaining the railway ; that
the railway runs near the Derbyshire and Yorkshire, and
Durham and Newcastle coal fields, and that it always has
been and is extensively employed in the carriage of coal on
behalf of coal merchants and owners of coal fields to
London and various intermediate stations. But in
addition to much carriage of coals, the company
had applied and were now applying the funds of the com-
pany to • Inge amount in purchasing coal from coal
owners met selling it in London, aud at hitarruediate sta-
tions, on account of the company ; and that in fact the
company were buying and selling coal se coal merchants
with a view to profit on a most extensive sole in competi.
lion with the coal merchants whose coal they carried under
agreement; still in force. The information further stated
that such trading began in the year 1850 andatill continued;
and in answer to a bill filed in 1858 by the Means. Prior
the company admitted that from 1850 to 1857 they pur-
chased 4,254,902 tons • that the company bad endeavoured
to conceal such leidini. ; that in October, 1857, they pur-
chased 70,000 tons, but carried on account of coal owner§
28,000, and that they had since sold coal and carried coal
for owners in the same proportion. The information then
stated that the company pretended they carried the coal to
London under arrangement with coal owners for sale by
Mr. Herbert Clarke, an agent appointed by the cold owners,
with the approbation of the company, the coal owners
being paid the sums nneed upon out of the proceeds, and
the company retaning the residue for tolls and other
outgoings, and that Mr. Herbert Clarke was the brother of
Mr. Seymour Clarke, the general traffic manager, and was
appointed for the purpose of securing the trade of the
company with the coal owners.
Sir Hugh Cairns, Mr. Giffard, and Mr. Hinckley sp-
grin support of the information ; Mr. Holt and Mr.
ades for the company.
The Vice-Chancellor, in delivering judgment, said the
first question was, had this company bought and sold coal
for profit, become in fact dealer. in coal. Upou that point
he did not entertain the smallest doubt. It seemed that
from the year 1852 this practice had been continued, but
by a crafty and tricky contrivance they had, till are
cent period, succeeded in preventing the natter being
thoroughly 'mown so as to be challenged in a court of law.
But beyond all doubt they had bees in the habit of buying
enormous quantities of real, as much as 800,000 tons in one
year, and in the year 1857 790,000 tons. And, though
some small portion. of that was necessarily consumed for
their locomotive engines, the bulk of it had been bought for
the purpose of being en d at • profit—the profits going into
the coffers of the company. By way of hiding the thing,
they contrived this arrangement : they induced the colliery
owners to appoint as their agent a person nominated by the
company, Mr. H. Clarke, to make it appear that Mr. Clarke
was selling the coal as the agent of the coal owner,, arid not
as the agent of the railway company. But whet was the real
fact? The contract was between the company and the
coal owners teethe company to purchase the coal at a cer-
tain pries per ton, say 13e, and it was clear that from the
moment of Redelivery by the coal owners to the company,
the coal owners hail no more to do with it than any stranger.
It was brought to London sad to different stations, end
sold for the profit of the company—the company thinking
to blind the transaction by taking the profits they derived
from the coal into the railway traffic, and snips it was so
much they had • by their business as railway carriers.
He quite with Sir Hugh Cairns that a more flimsy
pretext could sot be. It might ruined for a time in de.
hiding persons, and it bad succeeded, but it was a mere
crafty contrivance to evade the requisitions of the law re-
garding joint stock companies. He was quite satisfied that
the company bad been for yearn past aad still were in the
practice of buying and selling coal at a n4t as dialers.
The next question was, was that an i act? A joint
stock company, and especially a railway company, might
be regarded as having entered into a contract with the
public, and the company were bound by that contract.
Although the act of parliament which constituted and
incorporated the company contained no prohibitta in
enema terms against engaging in any banner
except that of making, maintaining, and using the
railway, there was implied in every such act of
parliament a prohibition from entering into any other baii-
nese than that of a railway comp ray. And that prohibition
had been acted upon over and over again. It was acted
upon constantly as between the different shareholders of a
company. Even if 99 shareholder out of 100 agreed to
carry on a different business from that which they were in-
corporated to carry on, however beneficial to the company
that different business might be, a single shareholder had •
right buoy " that is not our contract among ourselves:"
end he ruight come to this court end get an injunction. In
the man of the Eastern Counties Railway Company, when
the company was engaged in establishing packets to trade
from Harwich to the continent, one or two sleoreholders ob-
jected, soil though it was proved that they had bought
shares in the company for the very purpose of making
this objection, they being shareholder* in • rival
steam packet company, the court held that the railway
company were only incorporated for the purpose of carrying
on the business of railway carriers, and that they could
carry ou no other business. The neat questiou was, how did
this affect the rights mid interests of the public ; because
the question really was whether this proceeding was such
an injury to the public that the Attorney-General should
come forward, on the part of the public, to put a stop to it.
Now joint stick companies, and more euticularly railway
col:Hyaena, were armed with powers of raising and pos-
sessing large sonic of money, and if they could apply that
money to purposes other than those for which the company
was constituted, they might injure the public in various
ways. It was hardly puesible to illustrate that more ap-
positely than by the present can. Here they hail a railway
compsnv having in its lends the traffic from the prin.
cipal cull fields in the north of England, and it was
quite clear that the company might exercise the power
of dealing with all the coal in • large district. They had to
• considerable extent done so, and there was no reason why
they should not go on. And if they could do this, they
might on the same principle become dealers in agrieulturia
produce, and supply Loudon with the agricultural produce
of their district. ID fact, he did not know, if this mince-
, ple were admitted, where it was to stop. There would,
therefore, be greet detriment to the interest of the public
in allowing such a practice. Suppose that the North Wes-
tern were to adopt the same practice with regent to the
owners of the coal fields in their district, and the Great
Western to do the same with regard to theirs, then these
three companies would have in their hands all the coal
that supplied Loudon. and was it not obvious that
that would be most detrimental to the Inte-
rests of the inhabitants of Landon? It was said
that so far this practice of the Great Northern Rail.
way Company hail been not to the prejudice of the
public, inasmuch as cods had been cheaper, but he °Permed
he lad no faith in the mortality of any joint stock company,
and especially in that of a company which had contrived so
mann • device as this company had for the purpose of
ug its proceedings. The onlv remaining question
wee—if the public were concerned in preventing this illegal
proosaling, was an information of this sort a competent and
• legitimate remedy. He was of opinion that it was, and,
for the reasons he had stated, the injunction must be granted
as prayed.
Mr. Stevens asked if his Honour would give costs?
The Vice-Chancellor said if there was one thing that
would induce him to give costa more than another, it was
the unworthy contrivance of the company to hide this pro.
c "adios.
Mr. Stevens said there were several contracts, both for
purchase, of coal and the supply of coal, and he trusted that
his Honour would give some time before the injunction
began to operate.
The Vice-Chancellor said in the ease of contracts entered
into since the filing of the bill he should not interfere.
The injunction must certainly extend to them. Other con-
tracts he might take into couselemtion. The injunction
was not to prevent the company from disposing of their
neck of coal on hand.

fengiorneers, tee Wnents in oolwiebfire
bars., for the infringement of b patent
impr
Tin case Wel without a single feature of general interest.
Mr. Bovill, Q.C., and Mr. Hindmareh represented the
plaintiff ; Mr. Knowles, Q.C., Mr. M. Smith, and Mr. J.
Browns the deteediste.

COURT OF COMMON PLEAS.—Juirs 25.

Irittinp at Nisi Prigs ha Loodou.—(Nefore Mr. Justice
Nylon sad a Common jury.)

GOLDERO T. TAYLOIL-ACCIDENT TO A CHILD.

The plaintiff in this came had been far away years in the
polies, and he was now an inspector of lodging-houses. The
action was to recover damage. for injuries sustained by ble
daughter, a child now about three years old, through fid•
ling down an area.
Mr. Mereweather appeared for the plaintiff, and Mr. fkr.
leant Hayes for the defendant.
The defendant warn a solicitor in Guilford.street,
Earsll-
equare, and he owned some houses in Charlton-aescant,
Islington. The plaintiff lived in No. 10, and in June last
year one of the railings of No. 11 was broken. The child
strayed from home and fell through the space left by the
broken railing into the area, sustaining a concussion of the
brain, the competes, of which might last for life. Another
'Mem:atones ended in the course of the plaintiff's nue
was that the defendant had undertaken to keep the house
Nd
not meted.o.repair, but the attempt to prove this statement
di
His lordship said that the first count, which alleged that
the defendant was the occupier of the premise., was dm-
' proved; and he thought that there was no evidence in sup-
port of the second count, which alleged that the defendant
' bad demised, on condition that he himself should keep
the railings in repair. The plaintiff must therefore fail in
this action. He, however, earnestly recommended an
arrangement between the parties ; for en the one hand it
wee a very hard came on the plaintiff, and on the other hand,
if the matter proceeded, the defendant might be liable to
still further expensive litigation.
After some discussion the suggestion of his lordship was
adopted, and it was arranged that the plaintiff should not
he called on by the defendant to pay any coats whatever,
and that there should he an end of the matter.
A juror was accordingly withdrawn.