The Sun.
London, England, 1837-10-03 00:00:00

THE SUN, LONDON, TUESDAY, OCTOBER 3, 1837.

BEFORE THE tOiiii UHAiIbELLOii.

MAUBET V. THE EASTERN COUNTIES RAILWAY COMVANY

Yesterday application was made to the Lord Chancellor,
in his private room at the House of Lords, by Mr, Tor,
rian9) on behalf of the ph:OntifiF, tiqo itkitiqction, to i.e.-
tthilh ttie alone 'Company from taking possession of a poi-
tion of his land which was not required for the purposes
of the railway, and also to restrain them from using a road
which they had illegally made on his grounds.
The Learned Gentleman was about to open his ease,
when . .

The LORD CHANCtUOII. ingtlirecl 110* the matter then
came before him He was not aware of any appointment
for that day, until he came into town.
Mr. TORRIANO said the application wa3 made upon
notice, _

Mr. Leon, who, with Mr. Pettifew, appeared for the
Company, said it was upon notice certainly, but it was
informal. Besides, there were two affidavits sworn in the
cause, and they had only been filed that morning.
The LORD CIIANCELLOR—Then it is clear that we can-
not go into the case to-day. Is the matter very pressing ?
Mr. TORRIANO—Yes, my Lord. The case is this :
The railway runs through our property, and cuts off a
corner on which we have many ornamental trees. The
Company has given us notice, which expires to-morrow, of
their intention of taking that piece of land, for the purpose
of using it for their materials and rubbish, which they c..n-
not do without spoiling our trees. We also seek to prevent
them from using a road which they have forcibly made over
our grounds.
Mr. JACOB—Your notice to us does not say one word
about the road.

The LORD CHANCELLOR—AS I understand the matter
the road has been made—then we have nothing to do with
it. You have your remedy by an action of trespass.
Mr. JACOB—My Lord, they have commenced their ac-
tion for trespass, and there is a Special Jury summoned
for the 24th of the present month to assess the damages
between the plaintiff and the Company.
The LORD CHANCELLOR—The only question then is
as to the right of the Company to take the corner piece
of land. Does the Act give them such a power ?
Mr. JACOB—Clearly, my Lord. I will refer your Lord-
ship to the 9th section, which says :
" That for the purposes, and subject to the provisions
and restrictions of this Act, it shall be lawful for the said
Company, their agents and workmen, and all other persons
by them authorized, and they are hereby empowered to
enter into and upon the lands of any person or corporation
whatsoever, and to survey and take levels of the same, or
of any part thereof, and to set out and appropriate for tle
purposes of this Act such parts thereof as they are by this
Act empowered to take or use, and in or upon such lands,
or any lands adjoining thereto, to bore, dig, cut, embank,
and sough, and to remove or lay, and also to use, work,
and manufacture any earth, stones, trees, gravel, or sand,
or any other materials or things which may be dug or ob-
tained therein, or otherwise, in the execution of any of the
powers of this Act, and which may be proper or necessary
for making, maintaining, alterine) repairing, or using the
said railways and other works," eo.

And further, which is important here :
And also to divert or alter the course of any rivers or
streams of water, roads, or ways, or to raise or lower any
such rivers or streams, Mach, Or days, ltt order the more
conveniently to carry the same over or under, or by the side
of the said railway, and to make drains or conduits into,
through, or under any lands adjoining or near to the said
railway, except houses or buildings, for the purpose of con-
veying water from or to the said railway ; and also from
time to time to alter, repair, or discontinue the before-
mentioned works, or any of them, and to substitute others
in their stead, and generally to do and execute all other
matters and things necessary or convenient for constructing,
maistaining, altering, or repairing and using the said rail-
way and other works by this Act authorized, they the said
Company, their agents and workmen, doing as little damage
as may be in the execution of the several powers to them
hereby granted, and the said Company making full satis-
faction, in manner hereinafter mentioned, to all persons
and corporations interested in any lands which shall be
taken, used, or injured, for all damages by them sustained,
in or by reason of the execution of all or any of the powers
hereby granted ; and this Act shall he sufficient to indem-
nify the said Company, and all other persons for what they,
or any of them, shall do, by virtue of the powers hereby'
granted, subject, nevertheless to such provisions and restric-
tions as are hereinafter mentioned and contained."

That dearly gives us the right to take the land in
question, and also makes provision for full compensation.
Then again the 30th section makes it clearer still, for it
expressly provides for the case in question. It says—
" Be it therefore enacted, that notwithstanding anything
in this Act contained, it shall be lawful for the said Com-
pany, their agents and workmen, and they arc hereby em-
powered to enter upon the lands of any person or Corpo,
ration whatsoever, adjoining or lying near to the said Rail-
way and other works by this Act authorized to be made
and maintained, or any of them, or any part thereof, re-
spectively, for the purpose of laying, depositing, working,
or manufacturing upon such lands, or upon any part
thereof, respectively, any earth, clay, stones, bricks, slates,
timber, lime, or other materials, or for forming temporary
roads, or approaches to and from the said works, and also
to make use of any existing roads, they, the said Com-
pany, their agents and workmen, doing as little damage as
may be in the exercise of the several powers hereby
granted to them, and making compensation for such tem-
porary occupation or temporary damage of the said lands,
to the owners and occupiers thereoF, such compensation, in
case the parties differ about the same, after tender thereof
has been duly made by the said Company, to be settled
and recovered in manner hereinbefore provided, in cases of
disputes as to the value of lands through or upon which the
said Railway and other works are intended to be made,
and the compensation for any damage sustained by reason
of the execution of any of the works by this Act au-
thorized."

And then it provides for compensation, for which security
must be given if demanded.
Mr. TonßlANo—But I contend that neither of the
clauses cited gives you power to cut down or destroy our
trees. Now, my Lord, it is impossible for them to use our
land in the manner they propose without utterly destroying
our'ornamental trees, many of which are of 30 years' growth.
the LORD CHANCELLOR—The Act gives them the
power to take the soil—they must, therefore, take all that
is on it. The Act certainly gives very large powers, but it
also provides for ample compensation to the parties injured.
I cannot grant an injunction here.
Mr. JAcos—ls it dismissed with costs? This is the
second time they have brought us here. TI e last time
they dropped the proceedings at the very 'ast, rnd we come
here now upon an imperfect notice.
The LORD CHANCELLOR—But your appearing cures
that. Let the matter stand over till the first day of term.
The parties then withdrew.

INSOLVENT COURT.-(THIg DAY.)

(More the CHIEF COMMISSIONER and Mr. Commission% r

HARRIS.)
Thomas icetabould, who described himself as a General
Commssion Agent, applied upon his petition to be dis-
&lat. ,°cd. The insolvent had been a bankrupt some years
back, but had obtained his certificate, and he had also, in
the year l E 32, taken the benefit of the Insolvent Act.
The insolvent was opposed in person by a wine merchant
of the name of Lync, and was supported by Mr. Cooke.
Ilis debts amounted in the aggregate to upwards of 21,000/.,
and his credits, with a set-off, were considerable, being
nearly equal in amount.
Mr. Lyne, it appeared, was a creditor for advances he
had trade on consignments of wine ; his object in opposing
the insolvent was not to prolong his imprisonment, but to
quest:on him as to the nature of some bills of Exchange he
held on an alleged fi m in the Borough ; he wished to know
whether such persons were in existence or not.
The insolvent declared that they were, and Mr. Lyne
expressed himself satisfied. The insolvent further stated
that the certificate under the bankruptcy had been left in
New York,

The COURT ordered the insolvent to be discharged.

Advices from New Orleans of the latter end of
August mention the expected daily arrival there of the
'rater Witch, with 150,000 dollars, from Tampico, to be
followed by two or three other vessels with various amounts.
Bills of lading have been received from New Orleans of
the despatch of the St. James merchant vessel to London,
with 60,000 dollars, and of the Glocester, with 40,000
dollars, for Liverpool. A letter from en intelligent mer-
chant to his correspondent here, whose opinions from his
position as President of one of the specie-paying banks at
New Orleans are entitled to respect, says, " You can form
no idea of the injury that has been done to us by the sus-
pension of speck payments. It has been forced upon us
by those who expected relief from the measure—the reverse
has been the effect produced. The people will not consent
to take irredeemable rags ; and our circulation, which in
February last amounted to 8,000,000 dollars, does not to-
day exceed 4,000,000 dollars, and the contraction is going
on. The banks will themselves be obliged to advance
money on cotton to enable their debtors to pay them. Our
imports last year amounted to about 198,000,000 dollars ;
this year they will not reach the odd 98,000,000 dollars,
including the fisheries. You will recollect, however, the
United States are importers of luxuries chiefly, but our
exports consist of articles of primary necessity for Europe.'
The pecple of Chard having refused to pay a rate
levied by the Town Council are thereby placed in a very
curious predicament. The Municipal Act declares that no
man can be on the Burgess-roll who has not paid the muni-
cipal rates up to the three months preceding the rqistra-
tion. The whole town is thus disfranchised.

tOgryiEtiblAL lATtLtitot74l4cE;

(THIS DAY.)

The arrivals at the port of London are very slender, and
amongst them arc neither East nor West India produce.
There is a scanty a'ldltion Mule to the stock cf Russian Tel
French silk. No Irish produce; cf any niornenti
fresh tijh
The mercantile markets present a very firm Pre,'
securing a very fair business of a bone fide character, but still
they arc not so lively as they were. The greatest quiet is now
In those articles in which speculators have been operating ;
their high pikes ofetent ptirchaseg from being made.
A difterente brd ilhioti pfc4rails as to the quantity of Tea
which will be put up at the approaching sales. Till the trade
meet the matter will not be decided, and cannot till after that
meetierr be accurately known.
The'ttaw Mugar market to-day was quiet, and prices as
previously quoted, and firm. Refined sugar languid, and 335.
the price for fine crushed.

There is great quiet in the Tea and Coffee markets, but
prices do not yield.

All speculation in Spices is at a stand ; still speculators
show no disposition to realise. They continue to look for
things being higher.
Indigo secures firmly the advance of ls. and Is. 2d. per lb.
obtained on the July prices, but is not securing much business
just now. _ _ _

At public sale to-day, a large parcel of Ceylon Coffee sold
with tolerable spirit, at prices Is. to 2s. lower.
FOREIGN COMMERCIAL.

We had accounts yesterday afternoon from Hamburgh, but
there was no alteration in the Coffee, Sugar, or Cotton trade ;
prices are maintained, but very little doing.
At St. Petersburgh Tallow was rather flat, and the quota-
tions for first quality Yellow Candle ranging from 103 to 106
rubles per 10 ponds; the sales of all kinds of Tallow, since
our last intelligences, did not exceed 4,000 casks, which at
this time of the year is very little. Inclusive the 21s: of
September the arrivals to Cronstadt amounted to 956 vessels,
and the departures to 814; the shipments of Tallow exceed
considerably this year those of the corresponding period of last
year. From the 18th inclusive the 22d September 13 vessels,
loaded with tallow for London, and 7 with ditto for the out-
ports, have passed Elsineur.
At Antwerp the market for Coffee is very firm. Sugar
was in demand, and stiff prices obtained. Hides were sought
after, but the stock of good qualities short, and the transac-
tions in consequence confined. In Rice and Potash nothing
done. Tobacco quiet.
At Havre, Cotton continued without any lively demand,
but the prices Isere rather better sustained. Indigo went off
at improving prices, and the sales during the latter days were
rather considerable ; the stock there and at Bordeaux 6,200
chests. Tea secured a steady sale. Dyewoods were in de-
mand ; and lead very firm.
At Cognac and neighbourhood the vintage has begun, and
business in Brandy was suspended, under which circumstances
the quotations:were nominal, and all export orders for the pre-
sent kept from the market, in anticipation of lower rates.
From Bourdeaux and Montpellier the advices are the same,
and all sales for forward delivery are lower than at the present
nominal quotations.

LLOYD'S SHIPPING-(THIS DAY.)

DEAL, OCT. 2.—Wind S.W., fine.—Arrived the Henry
Porcher, Hart, from Calcutta ; Lucca, Davids, from St. Pe-
tersburgh to Lisbon. Arrived from the River and proceeded,
the At wiek, for Hobart Town ; Isabella, Stephens,
for Newfoundland ; Columbine, Filcher, for the River Gam-
bia • Steadfast, Blay, for Bermuda. The Hebe, Wright, for
Halifax, remains.
POATAMOUTH, OCT. 2. —Wind S.W.—Arrived the St.
James, Sebor, for New York.
PLYMOUTH, OCT. I.—Wind W. S. W.

FALMOUTH, OCT. W.S.W. to S.W.—Arrived
the Swift packet, from Lisbon—sailed the 21st ult. ; Iberia
steamer, from Gibraltar—left 22d ult., Cadiz 23d, Lisbon
27th, and Vigo 28th. Off port, the President, De Ruyter,
from Aux Cayes.
STAkCROSS, OCT. 2.—Arrived the Seraph, Wood, from
Richebucto ; Caledonia, Robertson, from Smyrna ; Leander,
Haywood, from St. Petcrsburgh.
Off the Lizard, the St. Micola, from Malaga.
SCILLY, OCT. I.—Arrived the Mary Ann, Olevir, from
Malaga ; Swift, Cocks, from Talatz. Off port, the Robert
and Ann, from Mirarniehi ; Brilliant, from Malaga.
11RisToli, OFT. 2.—Arrived the Feliza, Reynolds, from
Jamaica ; lost fore and mizzen masts.
GLOUCESTER, OCT. I.—Arrived the Alexandrina, Tristoff,
from Wyburg.
LIVERPooL, OCT. 2.—Arrived the Cornalla, M'Neil, from
Calcutta Madras, from Bombay ; Celia, Black, from
Quebec ; Release, Curtis, from Newfoundland ; Ellen, Jen-
kinson, from Zante ; Ebenezer, Adains, from Gijou ;
Countess of Lonsdale from St. Petersburgh ; Elizabeth,
Akerwell, from Narva ; London, Rickles, from Memel ;
Ziehlttmes, Radloff, from Greefswald. Off port, the Thomas,
Hughes, from Quebec ; Asia, Dalhousie, and Donna Maria,
from Oporto.
HULL, OCT. 2.—Arrived the Syren, Stormont, from Arch-
angel ; and Banff, Morrison, from Dantzic.
YARMOUTH, OCT. 2.—Arrived the Mary and Eliza, Nesbit,
from St. Petcrshurgh.
LIVERPoOL, OCT. 2.—Some bulwarks and some hand-
spikes, the latter marked "J. Hastie," have been washed
ashore at Wexford. AlEst.—The Jean, Hastie, sailed hence
on the 25th ult., for Halifax.
LLANMADOCII, OCT. I.—The Ranger, of Exeter, was fallen
in with off the Wormshead yesterday abandoned and carried
into the Bury River.
STAR CROSS, OCT. 2.—The Clio, of Newcastle, has been
on shore and broke her bower-anchor, but does not make
more viater than before.
BELFAST, SErT. 29.—Arrived the Heate, Arebadad, from
St. Übe's ; and Scylla, Scott, from St. Petersburg.
,onEvtherea6rdth,
inst.,from Lis
b nwith-
T Et
na c
F, t a
Newfoundland,Jonv 30
loss of masts, &c. was re
T hbeGuoglhdtfi Goldfinch,

The Ohio, Leary, from Philadelphia, was on shore in the
Delaware, and on fire, on the 27th August.
The Landaus, Herbert, was totally wrecked near the Lands
End on the lit inst. _

The Henry Bells, Wesley, from London, put into Lisbon
with loss of fore-mast, &c., bound to the Mauritius.
The Warsaw, Biffins, off Stornaway, leaky, proceeded to
Greenock to discharge and repair—bound to New York.
Extract of a letter from the agents to Lloyd's at Figueira,
dated 19th September, 1837 :—" We have to announce the
blockade of the ports of Caminha, Vianna, and Villa de Conde,
by the naval forces of her most faithful Majesty, those ports
being occupied by the military forces opposed to the Govern-
ment, and we anticipate the blockade of this port when the
same forces approach this neighbourhood."
The hull of a vessel, water-logged, and on her beam-ends
(supposed to be the Cumberland, from St. Petersburg to Lan-
caster), but floating so deep in the water that her name could
not be seen, has been towed into Armoyle, by her Majesty's
cutter Diligence.
The Harmonic, Galle, from New York, was on shore near
the Capes 19th August.
The Forentangunet, from Philadelphia to St. Übes, was
on shore at Lewiston 22d August.

D
N
032
sBTEOAir
SEPT.uf 1‘127.—D EAR
circumstanceA la Sulc t D
occurredE.—CL 7reTs tOe
day, which has thrown our beautiful village into a state of •
the utmost agitation and excitement. It may not generally
be known, that at nearly the summit of a cliff rising 300
feet above the surface of the river Avon, and which is
commonly styled St. Vincent's Rock, there is a hole or
nearly circular aperture extending 20 or 30 yards inward,
and to which an underground passage has lately been ex-
cavated by the proprietor of the Clifton Observatory.
About noon yesterday, an elderly gentleman, accompanied
by a young and lovely female appeared at the door of the
observatory, and requested to be admitted to the " Giant's
Hole," as this cave is generally called. While one of the
attendants went for a torch, which was to light them
through the passage, the door-keeper observing that the
gentleman seemed in a state of great excitement, muttering
to himself in a low tone of voice, asked if he were not well,
hinting that it might be better he should rest himself ere
he ventured into the close air of the cavern. This inti-
mation was either not heard or not heeded ; but the lady
said, " I am much obliged to you for your attention, but my
husband is subject to these fits of absence." The torch-
bearer having performed his office, left them leaning over
the balustrade at the outer entrance of the cave, enjoying
the view of the picturesque landscape on each side of them,
and of the river rolling at their feet. What remains of this
catastrophe can only be told by the people who were walk-
inz tinder the rocks at the time. They state that they saw
a lady and gentleman leaning over the balustrade ; the gen-
tleman soon turned round, and could distinctly be per-
ceived using violent gestures to the lady, svho, terrified,
sank to the ground, clinging to the railing ; they then saw
him attempt to lift her up by the waist, which she resisted,
still holding fast to the iron rails, and uttering the most piercing
screams. He at last succeeded in lifting her up to the top of
the railing ; the people at the Observatory, hearing the cries,
hastened to the scene, but not in time to save the victim ;
be no sooner heard their footsteps than, with a jerk, he
hurled her into the depths below ; for a moment he stead-
fastly regarded the body of the unfortunate lady as it
whirled round in the air and fell upon the ground a dis-
figured mass, and then with a spring, and a demoniacal
laugh at those who were on the point of seizing him, he
Cleared the barrier betwixt hint and eternity ; but a just
Providence ordained that he should suffer acutely for his
double crime ; he fell upon a pointed pinnacle of a rock,
and there, impaled and writhing, the %retched man hung
for nearly a minute ; gradually his held relaxed, his joints
stiffened, and he fell heavily about ten yards from the body
of his wife. Those who ran to the lady when she fell ou!y
heard her repeat these words—" My God, I am inno-
cent." On inquiry it has been ascertained that they ar-
rived at the Gloucester Hotel the night before, from Lon-
don ; but all attempts to discover the name or address of
the parties has proved abortive.
MASDEIL—The French red wine, known by this
name, appears to be getting fast into favour. By a parti-
cular statement which we have just seen of importations
from June last year, to August this year, the quantity
brought into London amounts to 1364 pipes, 4:30 hhds.,
and 276 quarter pipes, during that period, being the cargoes
of seven vessels.

NAGA ZINES.

UIVII''EI3 5, i?iliCE JOURNAL.

There are many pleasant, refiAdhle papers in this
Number; and among them we may single out the ac-
count of the " Expedition to Alexandria," and the
" Voyage in a Convict Sidpi" ifthich last involves some
cunoti§litittieulars. It is, we perceive, to be continued ;
which we are glad of ; fin Mr. Cunningham's volumes
on Australia, published a few yetvt. since, show that
such a voyage may be rendered, by one who can ap-
preciate and pourtray character, uncommonly inte-
resting. " Sketches of Military Life in India" are
tolerable—nothing more. They want vivacity of de-
tail. " A Sermon on Gambling" is a good idea, well
worked out, though we fear it will not have the effect
of reforming one Leg in London. We have no space
for extracts, or we should subjoin a specimen of this
ingenious discourse.