The Sun.
London, England, 1864-05-26 00:00:00

RAILWAY INTELLIGENCE,

IVISBECH, PETERBOROUGH, AND SUTTON,

On Monday the formation of this line was com-
menced on the estate of the Duke of Bedford, at
Thorney, when the first sod was turned by Mr. R.
Young, of Wisbech, in the presence of a large num-
ber of persons. Immediately after the ceremony of
turning the first sod about 100 men were set to
work, and as the materials will be rapidly supplied,
it was expected the works would be far advanced
by Christmas next. it appeared that Mr. Young
had made great exertions to obtain a direct line
from Wisbech to Peterborough, which was now in
course of being accomplished.

CRYSTAL PALACE AND SOUTH LONDON
JUNCTION.

The works on this line are proceeding rapidly,
although they are very heavy. Of the 840 yards in
length of tunnels about three-fourths have been
completed. There is a very heavy cutting near the
Crystal Palace, of which rather more than one-
fourth has been removed, so as nearly to enable the
contractors, INlessrs. Peto, Betts, and Crampton, to
commence foundation for the terminal station
close to the Crystal Palace at Sydenham. The en-
trance to the Palace from the station will be by
means of four distinct subways under the existing
road in front of it—two subways for visitors to the
Palace, and two for returning to the railway sta-
tion. One of the subways leading from the station
to the Palace, and one from the Palace to the rail-
way, will be reserved exclusively for first-class pas-
sengers, which it is expected will prevent the crush
and confusion that usually occur on crowded days.
The new station is to be about 20 feet below the
level of the floor of the central transept of the Pas
lace, and a distance of about 60 yards, which will
be a great improvement as compared with the en-
trance from the existing Crystal Palace station, the
ascent from which is 129 feet, and the distance
about 1,300 feet. It appears that every endeavour
will be made to open this new line to the Crystal
Palace by May 1, 1865, to which by means of the
metropolitan extensions of the London, Chatham,
and Dover Company there will be access from
Blackfriars-bridge, the Metropolitan, Great North,
ern, Great Western, and other lines of railway.

LAW INTELLIGENCE—May 25,

VICE-CHANCELLORS' COURT,
(Before Vice-Chancellor Sir John Stuart.)

THORNTON V. RAMSDEN.

The Vice-Chancellor gave judgment in this case, which
related to the right of the tenants of the defendant, Sir
John Ramsden, Bart., the member for the West Riding of
Yorkshire, to certain property claimed by them at lludders
field. In 1837 it appeared that there existed a system of
granting, on very advantageous terms, leases by the then
Sir John Ramsden to his tenants, such lease being renew-
able every 20 years on payment of a fine, The present plain-
tiff became a tenant of a stone quarry and some land in that
year, which he improved and built a house upon, thus in-
creasing its value, Sir John Ramsden died in 1839, at
which time the estates were vested in trustees until the
present defendant should attain his majority, which he did
in 1852. The plaintiff, like many others, had, therefore, in
accordance with the custom of the estate, been let into pos-
session of this property by Sir John Ramsden's agent, with-
out any written agreement, the then ag:nt (who had since
been discharged) undertaking to obtain one for 60 years on
mere nominal terms. In 1844 the trustees were empowered
by Act of Parliament to grant leases for 99 years at large
rents, and in 1857 an act was framed by the tenants
themselves, with the sanction of Sir John Ramadan ; but
after this act was passed disputes arose, and in order to
settle these disputes the present proceedings had been taken.
The plaintiff contended that he was entitled to a per-
petual right of renewal, which he called a tenant-right;
that he had been duly admitted by Sir John Ramsden's
agent on that understanding. This was, however, denied
by the defendant, who contended that he was only a tenant-
at-will,

The Vice-Chancellor delivered judgment, which occu-
pied about 20 minutes, the summary of which was that his
Honour had no power to disturb the plaintiff or any other
person in a position similar to that of the plaintiff as a
tenant of Sir John Ramsden at Huddersfield. Accordingly
he must direct that plaintiff was entitled to a lease under
the Act of 1811, he paying double rent from the time o,
granting the lease, and of course paying also the fees upon'
renewal, His Honour said the case must be considered as
that of a person who had entered upon a property under a
verbal agreement, with the agent of the landlord, that he
was to have a lease from the landlord on applying for it,
On the faith of that the plaintiff here had spent a large sum
of mone) upon the premises (£800), and the lease to be given
to him must be founded on the Act of 1844. Defendant to
ply all the costs of the suit.

COURT OF QUEEN'S BENCH, MAY 24.

(Sittings in Banco, before the Lord Chief Justice Cockburn,

Justices Blackburn and Mellor.)
THE QUEEN V. TERNAN AND OTHERS.

This was a prosecution on behalf of the Federal Govern-
ment against Patrick Ternan and two others, and, in pur-
suance of a habeas corpus, the t risoners were brought up
before the full Court from Liverpool, on a charge of piracy,
alleged to have been committed by the prisoners and others
in seizing an American merchant vessel on the high seas.
The ship lay at Matamoras, laden with cotton, bound to
New York. In the Bay of Mexico the alleged pirates rose
on the crew, seized the ship, and took her to Belize, where
they abandoned her and sold the cargo. The three pri-
soners were apprehended at Livet pool, at the instance of the
master, and committed by Mr. Raffles, the stipendiary
magistrate. It appeared in evidence before the magistrate,
that the men had acted under the orders of a certain Major
Hogg, who appeared to act as an officer in the service of the
Confederate Government. The magistrate, doubting who-
, ther the case was piracy within the Act of 11 and 12 Vict.
I c. 42, remanded the prisoners, to give them an opportunity
of applying to this court.

Last term Mr. Edward James, Q.C., obtained on their
behalf a rule nisi for a habeas corpus, with a view to their
the rule (after argument by Mr. Lush,
discharge; ann
Q.C., on behalf of the American Minister) was made
absolute.

The acme counsel now appeared, and Mr. James rose
and informed the Court that the prisoners were present,
and moved that the return to the writ be read. It was
accordingly done by the Master of the Crown Office.
It was then mutually agreed that the evidence available had
been given, and was before the Court. Mr James then
moved that the prisoners be discharged, on the ground that

aty or the act.
this was not a case within th,e

Mr Lush, Q.C., addressed the Court against the prisoners'
discharge. He first contended that the p;,,,:.rrant was good ;
but the main question was, that there was no Cbligation on
one State to deliver over the fugitive criminals of a..7°ther,
nor was there legal pov• er to do so. The criminal law uif
both countries was the same.

The Lord Chief Justice was of opinion that the techni
cal objections as to the warrant of the Secretary of State
not being based upon an original warrant, and the magis-
trate's warrant not showing upon its face that it was based
upon an information, were untenable. As to the prisoners
being protected by their acting as belligerents, he thought
that was a question for the magistrate or a jury; but,
at all events, a prima facie case had been made out,
and the magistrate was bound to commit. The real
question was as to the construction of the treaty and
act. In his judgment they were not meant to apply to
cases where ono nation had exclusive jurisdiction, and if
this had been the intention of the framers of the treaty,
they could have inserted words for that purpose. Upon
the construction of the treaty, he was of opinion that the
prisoners ought to be delivered up to the American Go-
vernment; but as the majority of the court entertained a

different opinion, they would be discharged.
Justices Crompton, Blackburn, and Shee (the latter de-
livering a written judgment) agreed with the Lord Chief
Justice as to the minor and technical points ; but they all
agreea that, in their judgment, the treaties and acts wore
intended to apply only where the demanding country had
exclusive jurisdiction.

Th© prisoners were immediately discharged, and in less
than half an hour afterwards they were seen walking up
the Strand showing leas concern than might have been
imagined for men who might be said to have just slipped
from the hands of the executioner.

ADVERTISEMENT.} -Avoid medicines: they always aggra-
vate chronic complaints, but Du Barry's Delicious Health
Restoring Revalenta Arabica Food, which saves fifty times
its cost in other remedies, invariably cures them, restoring
perfect digestion, strong nerves, sound lungs, healthy liver,
pure blood, refreshing sleep, functional regularity, and energy
to the most disordered or enfeebled. We extract a few out
of 60,000 Cures :—Cure No. 58,216 of the Marchioness de
Brehan, Paris, of a Aver complaint, wasting away for seven
years, debility, with a nervous palpitation all over, bad
digestion, constant sleeplessness, the most intolerable nervous
agitation, and dreadfully low spirited.—Cure No. 1,771. Lord
Stuart de Decies, Lord Lieut. of Waterford, of many years'
dyspepsia.—No. 49,812. " Fifty years' indescribable agony
.Tom dyspepsia, nervousness, asthma, cough, constipation,
tlatulei .y, spasms, sickness, and vomiting.—Maria Jolly."
—Cure No. 46,270. Mr. James Roberts, of Frirriley, Surrey, of
thirty years' diseased lungs, spitting of blood, liver derange •
ment, and partial deafness.—Cure No. 47,121. Miss Elizabeth
Jacobs, of extreme nervousness, indigestion, gatherings, low
spirits, and nervous fancies.—Cure No. 54,816. The Rev. Jas,
T. Campbell, Fakenham, Norfolk, "of indigestion and torpi-
dity of the liver, which had resistel all medical treatment."
In tins, 1 lb., 2s. Od. ; 21b., is. 6d ; 51b., ils. ; 121 b., 228. ;
408.—Barry Du Barry and Co., No. 77, Regent-street, London;
also Fortnum and Mason ; and all Grocers and Chemists in
every town et the United Kingdom.