The Express.
London, England, 1850-07-02 00:00:00

SILERIFFS' MALL DEBTS COURT.
VINITIRDAY.

Babas Irmu. OVIUMT. is. Q.C.
•• ATKINS O. P AND CO -IMPORTANT TO CAD-

MANS AND MINCHANTII.,

Mr. A. loose said he appeared 'or th. plaintiff, a mercer
el Heaths', at the lastest* tf Messrs. Payson sad C
Paul's Chunk-yard. TM plaintiff seed Mr. Paek.r for
11L 13a. ad. for loss of goods esailded to kis we la the
capacity of Carrier.
Mr. Atkins limed that he purchased good* to the amount
sued for of Mame. Payson ea the 4th March, and directed
them to be forwarded is kin in the detendast's fanisr,
and that he bad not received them.
Mr. Parker elicited from the plaintiff that he is in the
frequent habit of recelvieg paresis through the agosey of the
deleadant, and had no complaiat to make of the pumituality
of their conveyance.
Mr. Stanley, superintendent of the peeking department of
Messes Pawsoo, deposed to the package of the goods, and
their delivery.
The defendant here desired the levees to be handed to
his Honour, and called the learned judge's attention to the
act 1 W. 4, cap. 68.
His Hamer having observed each, remarked that it would
be desirable to see the articles.

Mr. Stanley Asa banded three sprigs of artificial timers
to Ids Honour..

The Learned Judge—Do you characterbe these flowers es
silk goods T
Mr. Parker said that he bad received advice that they were
to hew considered.

Mr. Stanley said it was true there was a portion of silk
upon the flowers, for the stem up to the pettle wan wound
with silk --the other portion of the flower omtained no si k—
that all the goods in the pare,' were silk.
Mr. Parker here asked the price of the three “nerificialt...
when it appeared the one has HOT.OIIr tw.d was valued at
0.1, and one given to the defendant for inspection to me
it it were silk was of the low value of 3d.

A lengthened argument here took place as to whether the
ff >were should be Glassed as silk goods—this being the point
at lune. The solicitor for the plaintiff, wishing to reduce the
value, contended that thee were not silk.
Mr. Parker, contra, argued that to all intents and pur-
pose', if the set he had cited wrre taken in the light of
summon sense, the goods must be considered as silk articles.
The learned Judge *Nerved that ha would desire some
farther evidence.

J. Porter, messenger to Messrs. Pawns, proved the &S-
-eery of the goods at the race of the defendant, 60, Skisner-
street, and produced the receipt in his delivery book.
Mr. Parker said that he had been a canter for the last 40
year,. That he was instrumental in passing the act for the
protection of carriers ',shut the lass of parcels deli.
verod to them for conveyance, of the contents of which
they were ignorant. Amongst the items of valuables in
which carriers are not hold liable above the value c f
101, unless delivered as such ond an increased charge
aceepted, are silks in a manufactured or unmanufactur
state, and whether wrought up or not wrought up with other
materials. It was evident, from the testimony of Mr.
Stanley, that the goods in the package wet,• all of silk, and
es they were of the declared value of 111. 13,. 31., and he
se the carrier had not been apprised of the value of the eon.
tents, the act of 1 W. 4 absolved him from all liability; as the
oldest carrier in L,ndon, and he hoped a respected eitizzn,
he owed it to himself to remark why be tack these technical
objections. It was a constant complaint against carries,
that parcels did no; arrive at their destination
since the estAlishtnent of railways. It was we-
1. as for carriers to apply for redrew. Another
evil which earriets labour( ci under WSP, persons bringing
fibs in or made up pireel., and then by some mean, abstract-
ing them, and what was rather a curious feature in 99 cares
out of 100 the package lost was declared to be of value. He
did not. cr could cot, impu'e any such evil practice to the
plaintiff or MeearePaerican.. .

The learned Jedge nmarked that his experience enabled
him to observe that the thieves go: information from ponies
bringing pickaxes to carriers.
Mr. Parker—No doubt of it, your Honour, and I have
been a *ULU% sufferer. Mr. Parker then referred to a ease
tried before Lord Abinger " Miles v. Pickthrd," and con-
tended that the action w:ich was then decidtd in favour of
the carrier Pi:lntrd should rule his case. The defendant,
who said he was no lawyer, submitted his case to the squita
ble consideration of the learned Judge.
Ha Honour said the action was of such importance to the
interests of the citizens, and the mercantile world, that he
did not deem it considerate to give a judgment without
searching for authorities, an 1 he would feel obliged by pl tin-
tiff or defendant furwerdiag any matter t t him bearing
upon the question —Judgment accordingly pestp ined.
The court was crowded by warehousemen and carriers.