The Sun.
London, England, 1855-11-17 00:00:00

COMPANY.

This was a demurrer to a plea rrilative to an alleged
obstruction of a tramway or rail% y, over which the
plaintiffs had a right of passing.

Mr. M. Smith, Mr. Keating and Kr . Gray appeared
for the plaintiffs ; Sir F. Kelly and Ur. Phipson for the
defendants.

It appeared that the plaintiffs were owners of a col-
liery in the Forest of Dean, and had a right of using a
certain tramway in connection with t/a e Forest of Dean
Railway, which the defendants, unoder the Railway
Clauses Consolidation Act, and the special acts of 1845
and 1851, had the control, and of ina,lfing crossings and
cuttings. In exercising these powers the plaintiffs con-
tended the defendants bad obstructed their right of way
without providing them with a rem eily, as they were
bound to do.

The Court, after bearing the argumi sn is on both sides,
gave judgment for the defendants.

COURT OF EXCHEQU ?ER.

(Sittings in Banco.—Before Barons Ularke, Alderson,
Platt, and Martin.)
ROBINSON V. COTTERELIi-

Mr. Welsby applied fur a rule to sot aside the pro-
ceedings in the issue and service of a •,writ under the
18th and 19th Vic., chap. 67, the act of last session to
facilitate the recovery of bills of exchaug e. The ques-
tion at issue was the payment of costs. 7he 7th section
provides for the payment of bills of exalt; tnge and pro-
missory notes, and that if paid within a o 3rtain time all
proceedings shall cease. The act also frc ether required
the indorsing of the writ with the amo runt to be paid
and the expenses thereon, meaning inter oat and noting,
but nothing was said relative to costs. The learned
counsel contended that as no mention was made of costs
in the clause of the new act it could not 100 enforced.

Mr. Hayes, in opposing the application, argued that
the Common Law Procedure Act must be construed
with the 18 and 19 Viet., chap. 67, or it. -would be im-
possible to proceed under that Act. It 'arm 1 necessary in
many parts of the Act some little violence gi henld be done
to the words of the Act to arrive at a p yo per construc-
tion, and that must be done in this insta nc me by engraft-
ing on it the section of the Common Law Procedure Act
relative to costs.

Mr. Baron Alderson said it was well k. afawn this diffi•
.culty was a matter of pen and ink, won Is, having been
struck out in the draft of the bill which , when it was
printed, escaped detection. The inserti, ant of the word
"and" and a blank left would have cured the defect. In
fact a "blank would have been a prize " fal• the learned
Counsel.

A number of points having already arisen L on the new
atheet,
jreadqgueisr,initghgardeabteeanndacrararenfgueld batteenttwioen a a the part of
e
n, them to con-
eider the points together ; consequently- the judgment
was reserved in this case.

The Criminal Court of Appeal appointed to be held
this morning for the judgment of the Court, in the case
of Gordon, at present undergoing a penal. conviction in
Newgate for not surrendering to his bankr uptey, was ad-
journed for a week, in consequence of thrs -illness of the
Lord Chief Justice of the Common Pleas.

POLICE INTELLIGENCE.—( This_Day.)

THAMES.

STEALING A WATCH FROM A. SAlLOR.—Erizabeth, Bro-
derick was brought before Mr. Yardley, <charged with
stealing a silver watch and gold chain, yam° 101., from
the person of a seaman, named James Alfred Todd.
The prosecutor said that he was passing along Devon-
shire-street, Commercial-road East, last night, when the
prisoner, who was standing at the door of a. :house, spoke
to him, and asked him if he would stand treat. He
said he did not mind doing so, and went into the house.
The prisoner invited him to take a seat by the fire, and
said she dearly loved a sailor. He. sent -Tor grog, and
after he had treated " the young lady" he fell asleep.
When he awoke he missed his watch and g old chain, and
missed the prisoner also. He kicked up a jollyrow, and the
prisoner came into the room soon afterwards. He accused
the prisoner of stealing his watch and chain, which she
denied. He called in a police-constable aid gave the
prisoner into custody.