Northern Times.
Liverpool, Merseyside, England, 1859-08-04 00:00:00

LrVERPOOL POLICE COURT.-YESTERDAT.

(BEFORE MR. MANSFIELD.)
ASSAULT ON A POLICEMAN.—POIke-OffiCET 660 charged
a respectable-looking man named Ogan, with having as-
saulted him on the previous night, in Banastre-street.
From the evidence of the officer in question, as well as that
of 451, it appeared that the prisoner was very violent. He
had been in a public-house previously, and threw an empty
bottle at the landlady. When he came out of the holm. big
,uuttuul, was most mtmerame, consequently the officer con-
sidered it his duty to speak to him upon the impropriety of
it. He attacked the office; and, after kicking him, made
attempts to bite him with his teeth. Mr. Bluck was for the
defence, and contended, on the part of the prisoner, that the
story of the policeman from beginning to end was a tissue
of inaccuracies. Had the man been left alone by officer
660, nothing would have occurred. Ike addressed the
court at some length in his behalf, and took occasion to say,
" God help the poor unfortunate man that gets in a police-
man's grip." "He," said Mr. Bluck, "is shown little mercy,
and no compassion." Several witnesses were called
by Mr. Bluck, who deposed that Ogan did nothing until
the police interfered. Mr. Mansfield, however, thinking
otherwise, ordered the prisoner to pay a fine of 405.,, or to be
imprisoned for a month.

, A WARNING TO NOTORIOUS VAGRANTS.
Five ill-looking and disreputable characters (one man
and four girls), were, charged by Mr. Henry Usher, of Ken-
Mr. Usher said the parTh es in the docii"we-rti4 riitbillwii%:
congregating near his house in a field adjoining, and when
he told them to leave, the man, whose name was Wilson,
and one of the girls, named Reilly (these two appeared to be
the ringleaders of all the wretched characters who assembled),
would use the most disusting. epithets towards him, and
had repeatedly said, "We'll rip you open." Mr. Mans-
field : Are you aware of what course of life the prisoners
follow ? Mr. Usher : They are a lot of prostitutes, your
worship, and my life and property are not safe where they
are. Mr. Mansfield, addressing -the prisoner, said : It is
my duty, to protect life and property; and as Mr. Usher,
who appears to be a very respectable man, has been grossly
insulted by you, and not only so, bid threatened, you,
Wilson, must find security in £lO to keep' the peace
towards him ; and the same rule must apply to the girl
Reilly. The other three prisoners, who appeared' to have
taken no part in the outrage. were discharged.
A CAUTION TO ONE MR. DUNIVILLE.A than, apparently
respectable, named William Dumville, charged Eleanor
Holmes, a prostitute, with having assaulted him on Tuesday
morning, at one o'clock, by stabbing him with some sharp
instrument above the left eye. The prisoner, in defence, a
rather well-looking female, said that the prosecutor came
up to her at the hour mentioned, in Tyrer-street, and took
most improper liberties with her. She was an entire
stranger to him, and denied having been - guilty of the
crime laid to. her charge. The case having been fully
heard, Mr. Mansfield said it did not appear to him that
there was the slightest evidence against the prisoner ; that
was evident by the statement she 'made i::: open court, one
not very creditable to the prosecutor. In exposing the
conduct of the prosecutor, she was doing so in self-defence ;
and it was anything but creditable for him to be found in
the streets at that hour of the morning. The
.girl's state-
ment of the liberties taken by. the prosecutor justified him
(Mr. Mansfield) in the remarks he had thought it his duty
to make. He should therefore discharge the girl, on the
grounds he had stated.
THE CHARGE AGAINST A PAWNBROKER.—In this case,
the further hearing, at the, request of Mr. Deighton, bar-
rister, was again postponed until this day
.(Thursday). Mr.,
Clough said that a report had appeared in the newspapers
which was contrary to the fact. He (Mr: Clough, had
stated distinctly that Mr. Batten, secretary to theawn-
brokers' Association, did not recognise the prisoner in the
capacity of a pawnbroker; but that, Woods himself wishing
to have an advocate, he was willing to become responsible
for the fee, thinking that perhaps Woods might not have
the means to employ an advocate. That' had been carried
further, and had almost involved the whole. association.
Mn Bluck : I never stated anything about the asso-
-1 ciation. Mr. Mansfield : I should be sorry if the association
were in any way grieved by any remarks made, yester-
day. It is not the first time I haie felt it my duty
to gab that Ido not believe there is a more ,respectable
body in town. lam quite sure they would not do any-'
thing wrong or amiss, or take the slightest part with any
body who is supposed to be involved ; and what they have
'done upon this occasion is perfectly right and fair. Mr.
Gluck : I never said anything more than that I 'was em-
ployed by Mr. Batten on coming into court. Mr. Batten
and Mr..Clough were in conversation at the time, and. Mr.
Batten wished him to go down and see Mr. Woods. At
,
the time I was about proceeding to Mr. Woods's, I saw
him in the dock, and then Mr, Clough had commenced a
speech: Mr. Clough said the matter was rather important
to the association, and he was very, glad it had been set
right by his-worship. Mr. Batten said lie was most anxious
that the matter should be put forward in its proper light to
the public, and what had just now fallen from his worship,
so high and so impartial an authority, was quite sufficient.
The subject then dropped.

AUGUST 4, 1859.

COURT OP CHANCERY.--A-cousT 2.

(BEFORE -VICE-CHANCELLOR SIR R. T. BINDERSLEY.)

Zit/GRES Y. 'THE CHESTER AND ROLYHEAD RAILWAY Co3l'-

PANT ARID THE LONDON AND, NORTH.-WESTRuN RAILWAY

COMPAITY

This was a motion for an injunction to restrain the de-
fendants, their agents, and workmen, from interfering with,
or preventing the plaintiff, his agents, and workmen from.
making a railway under these circumstances :—The plaintiff
is the owner of large estates in Flint and Denbighshire, a
great part of which abut on the Irish Sea, or St. Georges
Channel, extending also for a considerable distance inland..
The, river Foryd falls into the Irish Sea, near the town of
Rhyl, where there is a steamboat pier,. and from which
steamers run to Liverpool, Rhyl being a small watering
place. The Chester and Holyhead Railway runs from the'
Chester and Birkenhead Junction to Holyhead, passing,-
through the parish of Abergele, where lands belonging to:
the plaintiff and abutting upon the town Of Rhyl are situate.
By the 334th section of that Act. (7th and Bth Victoria, cap-
-66), it is enacted, "That whereas the line of railway skirts
the estuary of the Dee and St. George's Channel, between
the cities of Chester and Bangor, which will have the effect
of obstructing the free watercourse and the traffic between
the lands on the banks of the estuary and the sea, and so de-
priving such lands of their advantage of position as respects
the estuary and channels ; and whereas the said lands
abound with coal and other minerals arid stone, suitable for
quarries, which latter in some instances belong to persons not
the owners of the surface of such lands, and are well situated
for the erection of works and other purposes of commerce ;
and it is desirable to give facilities of access between the
said lands and the sea, and from the lands and the sea on the
lower or sea side to the said line of railway to parts inland,.
be it therefore enacted that nothing herein contained shall
extend to prevent the owner or owners, lessee or-lessees,
occupier or occupiers for the time being of any lands, tene—
ments, hereditaments, buildings, warehouses, manufactories,
works, coal and other mines, minerals, or quarries, lying
near to or adjoining the said railway, and in parts-adjacent,
at any future time or times, and from time to time here--
after as occasion may require, from making any rail- -
way, tram, or other, roads, ways, approaches, or watercourses,
across the said railway hereby authorised• to' be made, se'
that any such railways, tramroads, and other roads, ap-
proaches, and watercourses in'every instance be taken above -
or below such line of railway, and to use such railways,
tramroadi, or other roads, ways, approaches, or watercourses
for the henefit of themselves and all and every other person
and persons to whom they or any of them may from time to'
time give leave, and in such way and for such purposes as they
or anyof them may require, so that any such railway, tram-
road, roadway, approach, or watercourse do no injury to, and
do not prevent, the free passage over, upon, and along the
said railway hereby authorized to be made by the-said com-
pany, and so that all the works connected with the passing"
thereof over, or under the said railway be done under the-
superintendence and to the satigfaetion of the engineer for
the time being of the said company and according to plans
to be approved by him ; and the said company shall not be
entitled to demand, have, or receive any tonnage or com-
pensation whatsoever, for the making of such way or the-
passing of any goods, persons, horses, carts, and carriages,
mines, minerals, goods, merchandise, or other matters or-
things along any such railway, tramroad, way, or approach,
or compensation for any watercourse so to be made across
the said line of railway hereby authorized to be-
made." The Chester and Holyhead Railway having been
constructed, bisected a farm belonging to the plaintiff,
so that all communication from the inland side of the line to--
those on the seaward side was thereby Cut off, the only com—
munication being by' means of a farm road passing under
the line. The plaintiff being desirous of making a railway
under the powers conferred upon him by the 334th section•
as above, on the 21st of March last communicated with Mr.
J. 0. Binger, the general manager, by letter, through his
(plaintiff's) solicitors, Messrs. Humberston, Helps, and
Parker, upon which a correspondence took place, in which
the plaintiff averred that he intended to use the line for
general commerce, and the result was that the company re--
fused to consent to allow the railway to be made unless the-
object of it was explicitly stated. Plans were then pro-
posed, and consent to make the line refused by the defend-
ants ; but the plaintiff gave notice that he intended on the
15th of July to commence the works. To this notice a
letter was returned, stating 'that the attempt to proceed
with such works would be resisted. On the 15th,, however,
the works were. commenced, and proceeded for four days
without molestation, when, on the 20th, Mr. Redworth
Lee, the engineer of the Chester and Holyhead Company,
gave personal natio° to the workmen that if they did not
immediately cease they would be forcibly ejected. The
workmen therefore ceased, but resumed on the two
following days, but on the 24th were forcibly ejected by
Mr. Lee, Mr Richard Montagu Preston, and other persons,
merely by requesting them to clear off, which they did. In
1858 the Chester and Holyhead Railway was amalgamated
with the London and North-western Railway Company,
with certain restrictions as to votes. The London and
North-western Railway Company 'likewise denied the right
of the plaintiff to proceed with his works. The plaintiff'
then filed this bill, stating the above facts, and. praying a-
declaration that he had a right under the 334th section of
the 7th and Bth Victoria, cap 65, to make the rail Way as he
proposed, and to restrain the defendants by injunction from
preventing him from so doing. The plaintiff had agreed
with the Vale of Clwyd Railway, but that agreement' was
not a part of the case.

• The contention on, the part of the defendants was, that
the 334th section related only to private rights, and did not
authorise tho making of a railway, as was proposed, for the
use of the public. The whole. purpose of the Legislature,
tion of the lams' of b Adak. 00443, ~„„,;„„
under the railway.

Mr. Glasso and Mr. H. F. Bristowe appeared for the
plaintiff; the Attorney-General, Mr. Bailey, and Mr. Speedy
for the defendanti.

The Vice-Chancellor said that this question was one Of
considerable nicety and difficulty, upon which, had it not,
been such a late period of the year, he should have taken.
time to consider the point; but, as the matter might be
taken immediately to the Appellate Court, he would now
express his opinion. The expression, "Public conveyance
of passengers and goods," as used in the 3rd and 4th of
Victoria, cap. 55, and the sth and 6th of Victoria, meant
passengers at fares and goods for carriage charge. If the
plaintiff had the right, it mattered nothing what his inten-
tion was; if he had no such intention, it mattered nothing
whether he had the right. Let it be assumed that a per-
son had a right on his own land to make a railway for
conveying his servants, goods, &c., and, if he observed the
regulations of the Railway Regulation Acts, to use the rail-
way for public purposes, still the whole question turned-
upon the construction of the 334th section, and that only..
His Honour then elaborately considered this section, portion
by portion, considering at the same time that it must be
regarded as a contract between the landowners and the-
company, as the price of disarming their opposition.
The inconvenience provided for applied to the lands on
the land side of the railway, and power was therefore
(a significant word) given to- make railways to connect
the two portions thus severed, not to go on the level,
and not for the public conveyance of passengers and
goods, but for the benefit of. themselves and such persons
as they might giye. leave to. It • was the common
practice in the mineral counties to grant such way
leaves, but there was a great and perfect distinction be-
tween that and the passage of goods and persons for profit,
and the words " for such purposes as they may require"
made it more plain; only that the company should not
be entitled to compensation for going through an em-
bankment, &c. When the act passed, it might have
been suggested that words should be inserted to enable
the 'owner to make a railway to carry passengers ; but,
if it had, no do abt`the company would have opposed it, and,
indeed their present opposition showed that, and probably
it would have been successfully resisted. It was true that
this section contained general words, but they must receive
the interpretatiOn and restrictions flowing from the
whole context. The object of this clause was to give a con-
venient and ready access .between the lands divided by the
railway, and not of a public character. It was therefore
immaterial whether the plaintiff intended to connect his
railway with the Vale of Clwyd Railway, which, of course,
he could as long as he did not come upon the lands in ques-
tion. It was clear upon the correspondence and affidavits
that the plaintiff did intend to have the right, at all events,
to use the projected railway for public purposes, which was
not within the meaning of the 334th section. Therefore,
the Court being of opinion that the plaintiff had not a right
to make and use a railway under the Chester and Holyhead
Railway for the public conveyance of passengers and.vods,
and being of opinion that he ought not to have an injunc-
tion except upon an undertaking not to do so, and the plain-
tiff declining to give stich•undertaking, the injunction must
be refused.

II OUSEEEEPERS.--*The Coffee sold by Thothpson Brothers,
5, Elliott-street, nt ls, 4d., is better than you,py. is. Bd. for
at any other establishment.

LEWIS AND COMPANY'S NEW ESTABLISHMENT FOB
BOY'S CLOTHING.—Number of boys clothed for the week
ending Saturday, July 9th, 1,025 ; corresponding week last
year, 989,—Increase, 36 boys.

Lei
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.James Stone.
.Edwd. G. Lott,
.W. J..C. Lang.
CAMBRIA

The under-noted or'other Vessels ark
ASIA: From LIVERPOOL
--.• -..' ' . ..For New York.. ... .....
AFRICA_. •
XUROPA. ................... New
A.MERICA ....... For. Halifax and Eostoy
York
PERSIA.

.For Halifax and Boston
For- New York

L.tDRopA.
atS,
ARABIA„

From AMERI(

ATMERICANAUYAL MAIL STRIM-SILIPS

NOTICE.—REDUCTION IN PASSAGE MONEY.
The Passage Money- to New York is now,
zr coelndCaCtin— Twenty-six Pounds.
Eighteen Pounds.
ight Porkyb the Mail Steamers to Halifax and Boston and to New
direct, £3 per ton and 5 per cent. primage.
eighton Parcels ss. each and upwards, according to size.
rar eels for tlifferent Consignees, collected and made' up in single
Packages, addressed to one party for delivery in America, for
the Purpose of evading the payment of freight, will, upon ex-
amination in America by the Customs, be charged with the
laipPruDer freight_

E ERITISdr.
AND NORTH AMERICAN ROYAL MAIL
STEAM-PACKET COMPANY draw the attention of Shippers
and-Passengers to the 329th section of the New Merchant Ship-
Ping Act, which is as follows :

Person shall be entitled to carry in any ship, or to require the
master or owner of any ship to carry therein, Aquafortis, Oil of
.
riol, Gunpowder, or any other Goods which, in the judgment
f such master .or owner,are of a dangerous nattu:e : and if.any
person carries or sends by any ship any goods of a dangerous
taia,t4re, without distinctly marking their nature on the outside of
..'.e ~,Package containing the same, or otherwise giving notice In
""uog to the master or owner, at or before the time of carrying
,„°r "ns..+..g.a" the same to be shipped, he shall for every such offence
rtneor.a penalty not exceeding £100; .and the master or owner of
to Y Ship may refuse to take on board any parcels that he suspects
, contain goods of a dangerous nature, and may-require them to
••v oPened, to ,

BRITISH & NORTH AMERICAN ROYAL MAIL STEAMSHIPS
APPOINTED BY THE ADMIRALTY
To sail between
LIVERPOOL AND NEW YORK DIRECT,
And betwo,en
LIVERPOOL AND BOSTON,
re Boston Ships only CALLING at HALIFAX, to land and
-re Passengers and her Majesty's Mails.

Captains

AFRICA Neil ghannon
AMERICA W. F. Millar.
NIAGARA Alex. Ryrie.
EUROPA John Leitch.
Captain Douglas.

appointed to Sail

Saturday...Aug._ 6
Saturday... Aug. 13
Saturday... Aug. 20
Saturday...A

,Saturday...B,

.Wednesday... Aug. 10
Wednesday... Aug. 17
:NYednesday...Aug. 24