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

COMPANY.

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COURT OF EXCHEQUER.

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:Sittings in Banco.—Before Barons Parke, Alderson,

Platt, and Martin.)
ROBINSON V. COTTERELL.

Mr. Baron Alderson said it was well known this diffi-
culty was a matter of pen and ink, words having been
struck out in the draft of the bill which, when it was
printed, escaped detection. The insertion of the word
"and" and a blank left would have cured the defect. In
fact a "blank would have been a prize " for the learned
57 59 I I Counsel.

'iii = iis

106 - 108
100 102

9/ - s9i

A number of points having already arisen on the new
act, requiring great and careful attention on the part of
the judges, it had been arranged between them to con-
sider the points together ; consequently the judgment
was reserved in this case.

6 -- 6a
85 -- 90
80 -- 85
-- 85
96 -- 10
15/ -- 164
96 -- 10
67 -- 69
16 —l7
8 -- 86
12 -- 13
1k -- id
131 133

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 bankruptcy, was ad-
journed for a week, in consequence of the illness of the
Lord Chief Justice of the Common Pleas.

POLICE INTELLIGENCE.—(This Day.)

THAMES.

STEALING A WATCH FROM A SAlLOR.—Elisabeth Bro-
derick was brought before Mr. Yardley, charged with
stealing a silver watch and gold chain, value 101., from
the person of a seaman, named James Alfred Todd.

1291

la die

99 100

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 for grog, and
after he had treated " the young lady" he fell asleep.
When he awoke he missed his watch and gold chain, and
missed the prisoner also. He kicked up ajolly row, 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 and gave the
prisoner into custody.

Mr. Yardley—Were you drunk or sober last night 1
Witness—About three sheets in the wind. (A laugh.)
A. police-constable, who was called into the house
where the alleged robbery was committed, said it was
situate in John's-place, Baker-street, Stepney, not in
Devonshire-street, which was on the south side of the
road. John's-place was on the north side of the Com-
mercial-road, and a mostinotorious receptacle for thieves,
ruffians, and prostitutes of the lowest character.
Mr. Yardley--Yes, I have heard of John's-place. I
suppose the sailor was so drunk last night that he did
not know where he was robbed.
The policeman—He was very drunk.
. _

Mr. Yardley said no watch was found, and the evi-
dence would not justify him in detaining the prisoner.
She must be discharged.

This was a demurrer to a plea relative to an alleged
obstruction of a tramway or railway, over which the
plaintiffs had a right of passing.
Mr. K Smith, Mr. Keating and Mr. Gray appeared
for the plaintiffs ; Sir F. Kelly and Mr. 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 the Forest of Dean
Railway, which the defendants, under the Railway
Clauses Consolidation Act, and the special acts of 1845
and 1851, had the control, and of making crossings and
cuttings. In exercising these powers the plaintiffs con-
tended the defendants had obstructed their right of way
without providing them with a remedy, as they were
bound to do.

The Court, after hearing the arguments on both sides,
gave judgment for the defendants.

Mr. We'shy applied for a rule to set 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 exchange. The ques-
tion at issue was the payment of costs. The 7th section
provides for the payment of bills of exchange and pro•
missory notes, and that if paid within a certain time all
proceedings shall cease. The act also further required
the indorsing of the writ with the amount to be paid
and the expenses thereon, meaning interest 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 -coirld not be enforced.
Mr. Hayes, in opposing the application, argued that
the Common Law Procedure Act must be construed
with the 18 and 19 Vict., chap. 67, or it would be im-
possible to proceed under that Act. It was necessary in
to manyt
he partswordsof the
o fth Actsome
Act
to
arrive little violence r should be d
opee ur l oneconstruc-
tion, and that must be done in this instance by engraft-
ing on it the section of the Common Law Procedure Act
relative to costs.