The Sun.
London, England, 1855-07-05 00:00:00

LA TV INTELLIGENCE.---(THIS DA Y.)

COURT OF EXCHEQUER.
(Sittings. in Bk.nco.)
The learned judges assembled this morning I.)r the
purpose of delivering judgments in cases standing over
from last term.
KENNETT V. THE WESTMINSTER IMPROVEMENT COMMIS-

SIONERS-THE VICTORIA STREET BONDS.-JUDGMENT.

SAME V. SAME.

HUNTER V. SAME.

Mr. Baron Parke delivered judgment in these cases
this morning. The learned Baron said the defen-
dants hail obtained rules to set aside an order of
Mr. Baron Allerton which was granted under the
61 sec. of the Common Law Procedure Act, which at-
tracted a debt due by one M'lCenzie, a builder to the
defendants. The plaintiffs in these cases had obtained
judgments against the defendants on several bonds issued
by them under the Westminster Improvement Act for
the erection of Victoria-street, in aid of which the Go-
vernment had granted 50,000/. on certain condition?,
and which was to be applied to making the street
in question. Under the act of Parliament, com-
missioners were appointed who were empowered
to raise money on bonds redeemable within a
certain time, and to carry interest at the rate of 5/.
per cent. The plaintiffs were bondholders, and sought
to enforce their claims against the defendants. The
grounds on which the rules had been obtained were that
the defendants being merely acting as trustees for
the discharge of a public duty, and bound to ad-
minister the funds entrusted to them in a particular
manner, and to pay the different bonds issued by them
equally among all the bondholders, the obligation by
them to APlKenzie was not a debt within the provisions
of the section of the act in question, and also that
on the true construction of the bond held by the
plaintiffs, and in the acts and deed of settlement
under which they were issued, the plaintiffs
were not entitled to a preference which they
would attain over the other bondholders if these
attachments could be supported, but that they
were only entitled to be paid pan: passu with the rest of
the bondholders. He was clearly of opinion, in which
opinion the court fully concurred, that these debts could
not be attached, as that would confer a preference on
the plaintiffs over the rest of the bondholders. The
rules obtained in these cases must be made absolute for
discharging the order of the learned judge who had
granted the attachments.
Judgment accordingly.

QUEEN'S BENCH.—GUILDHALL.
(Before Lord Campbell and a Special Jury.)
WATERS AND ANOTHER V. THE MONARCH INSURANCE

COMPANY.

This wai an action brought by the plaintiffs, flour
merchants and wharfingers, carrying on business in
Holland-street, to recover of the defendants the sum of
1,8461., the value of 700 sacks of flour destroyed by fire
on the night of the 16th Feb. last. The facts of the ease
were admitted subject to a deduction of 471., the value
of a certain number of sacks of flour on the premises, the
property of another person, and insured in this office,
which amount had been paid, and a further number in-
sured in another office, the value and payment for which
had not been ascertained. A verdict was accordingly
taken for the plaintiffs, subject to the above deductions,
a special case being made on his lordship's notes to argue
the important and difficult point of law as regards the
defendants' liability.

HENDERSON V. AUSTRALIAN ROYAL MAIL STEAM-PACKET

COMPANY.

This was an action brought by the plaintiff to recover
of the defendants the sum of 20,0001. for bringing home
safely from Australia the steam-ship Adelaide, the pro-
perty of the company, and valued at 70,0001. It will
be recollected that this ship, which was built on the
Thames, and designed on a new principle which it was
thought would be found superior to the old mode of
ship building, proved to be a failure, and was with diffi-
culty kept afloat on her outward voyage to Sydney by
the united exertions of the passengers and crew, arriving
at her destination after a lengthened passage►.
The company wishing to get the ship horns again ad-
vertised for a competent person to bring her home,
offering to pay his passage to Sydney and aP.I reasonable
expenses, with a salary of 501. per month, and a fair
remuneration proportionate to his su'acess. The
plaintiff, a captain in the navy, and a retired master
attendant of her Majesty's Dock-yard at Devonport,
undertook the work, proceeded to Sydney and brought
the ship home. The defendants having declined to pay
the plaintiff what he considered a fair remuneration pro-
portionate to his success and the value of the ship, he
bad brought this action. The case came before the supe-
rior courts during last term, on a demurrer as to the
defendants' liability under the agreement, it not being
under their seal ; but the Court decided they were
bound by it. The question for the jury to-day was to
assess the amount of remuneration to which the plaintiff
was entitled.

The case had not concluded when our despatch left.

CENTRAL CRIMINAL COURT.
(THIS DAY.)

(Before Mr; Baron•Alderson.)

Henry Palmer, 33, was indicted for feloniously being
at large before the expiration of the period to which he
had been sentenced to transportation.
It appeared that the, prisoner was tried at this court
in October, 1847, for a street robbery, and, upon his
conviction, he was sentenced to be transported for ten
years. In pursuance of that sentence he was removed
to the Warrior, hulk, at Woolwich, where he remained
until September, 1849, when he and another convict,
named Slater, made their escape. The latter has never
since been heard of, and no clue was obtained to the
whereabouts of the prisoner until the 9th of June, when
Inspector Brennen met him in the Hackney-road. Im-
mediately upon the prisoner getting sight of the officer
he ran off acd attempted to make bia escape, but was
pursued, and, after a desperate struggle, taken into cus-
tody ; and before the officers could prevent him he put
his finger into his mouth and forced off a signet ring,
which he swallowed.

Mr. Sleigh, who appeared for the prisoner, said he
could not deny that the prisoner was the person who
had been convicted in 1847 ; but he %v as instructed that
since he had been at liberty he had got his livelihood by
working at his trade as a carpenter; and he called some
witnesses, who stated that they bad employed the pri-
soner upon several occasions during the last four years,
and that he had conducted himself honestly.

The jury found the prisoner guilty.
In answer to a question that was put by the Court,
Mr. Cope, the governor of Newgate, stated that the
three prisoners, Bell, Berry, and Brown, who escaped
from Newgate some time back, informed him that they
were assembled at the house of the prisoner.
Mr. Baron Alderson sentenced the prisoner to four
years' penal servitude.

NEW COURT-
(Before the Recorder.)
Just as the court was about rising C. W. W. Bevan,
late secretary of the Depesit and General Life Assurance
Company, who was upon Monday convicted of stealing
a cheque, the property of the directors of the said com-
pany, was brought up for sentence.
The Recorder, in a brief address, sentenced the pri-
soner to 18 months' imprisonment and hard labour.
This concluded the business of the session, and the
courts sit again upon Monday, August 20.