The Sun.
London, England, 1854-01-24 00:00:00

THE SUN, LONDON, TUESDAY
,EVENING, JANUARY 24, 1854.

LAW INTELLIGENCE.

COURT OF COMMON PLEAS.-JAN. 23.
DAWSON V. WILLIAMS-MOTION TO SET ASIDE A
SEQUESTRATION.

Sir Frederick Thesiger said he was instructed in this
case to move for a rule calling upon the Bishop of Lon-
don and the plaintiff to show caase why the sequestra-
tion made to the Insolvent Court, and the publication
thereof, and all proceedings thereon, should not be set
aside, and why the bishop should not give precedence to
the sequestration of Mr. Sturges, the provisional assignee
of Theodore Williams. The 56th section of the Ist and
2d Viet., cap. 110, said that the order appointing an
assignee or assignees should be sufficient warrant for
granting sequestration, and such sequestration should be
issued thereupon. In the present case the vesting order
was made on the 14th March, 1853, and on the 30th
March the petition, accompanied by a copy of the vest-
ing order, was delivered to the bishop, and it was re-
quested that sequestration might issue, but he returned
two other sequestrations. It appeared that one of these
was founded upon a proceeding in the court in which a
writ was issued as long ago as 1837 to levy 11,0001., but
an arrangement was made that it should not be put in
force, and it was kept on foot in order to protect the
property of Williams. A similar application to this had
been made to the Court of Queen's Bench, and there the
application had been granted.
Rule granted.

THE MANCHESTER, SHEFFIELD, AND LINCOLNSHIRE RAIL-
WAY COMPANY, APPELLANTS, V. WALLIS AND ANOTHER,

RESPONDENTS- RAILWAY ACCIDENT.

This was an appeal from a decision of the County
Court of Lincolnshire. The action was bropght to re-
cover the value of two horses belonging to the respon-
dents, which, having strayed on to the appellants' rail-
way, had been killed by a train under the following
circumstances :—The horses were in a field, from which
they strayed on to the public highway, and thence on to
the railway ; and it was said that they got on to the
railway in consequence of a gate having been impro-
perly left open by the company's servants. It was sub-
mitted to the judge of the court below that there was no
case to go to the jury ; but he was of a contrary opinion,
and the jury gave a verdict for the plaintiffs. This deci-
sion of the judge was appealed against, and the appeal
was heard in November last, but the matter stood over
for judgment until to-day.
The Chief Justice Jervis now delivered the judgment,
and said that they must assume, after the finding of the
jury, that the cattle of the respondents, without any
fault on their part, strayed into the public road,
and subsequently upon the railway, where they were
killed The question was whether, upon these facts,
the appellants were liable in this action, and the court
was of opinion that they were not This was not
the case of a railway crossing a public road at a level,
but it was the case of a railway running alongside of
a public road ; and to that case the 68th section of
the Railway Clauses Act, the Bth and 9th Victoria,
cap. 20, supplied. It provided that the company
should, among other things, maintain sufficient posts,
rails, hedges, &c., to separate the land taken for the
railway from the land not taken, and to prevent the
cattle of the owners of the adj,ining land not taken from
straying on to the railway. This section made but a
very inadequate protection for the public where a rail-
way ran alongside a public road, but the meaning of it
was clear. A highway must be considered as land not
taken, and the same construction must prevail whether
the land was a public way or a private close. The ob-
ligation on the railway company was to fence so as to
keep the cattle of the owners of the adjoining land not
taken, from straying en to the railway. The court had
lately determined that the obligation was the same as if
the company were bound at common law by prescription
to repair a fence, that was to keep up a fence against the
cattle of the owners of the adjoining land. These were
not cattle of the owner of the adjoining land, for that land
was a highway. Whilst cattle were lawfully passing
along a highway they were using it according to the
dedication of the owners of the soil, and they were in
the same position as if they belonged to the owners of
the land. Applying this case to the principles thus esta-
blished, the court was of opinion that the cattle of the
respondents, whilst straying along the road, were not
occupying the road within the meaning of the act of
Parliament, and therefore that there was no obligation
on the appellants to maintain the fence against them,
and they were guilty of no wrong in not doing so.
The Legislature, being fully aware of the danger, had
cast only this limited responsibility upon railway corn-
panies, and the court could not enlarge it merely because
the public safety required it. The company had committed
no wrongful act, for the cattle being trespassers, they
were not bound to fence against them by the act of
Parliament.
Appeal allowed.

COURT OF EXCHEQUER.—JAN. 23.
(Sittings in Banco.)
JANSSENS V. GROVE.-JUDGMENT.

This morning Mr. Baron Parke gave judgment in this
case, in which the court had taken time to consider a
preliminary objection. This was an appeal from the
judgment of a judge of a county court, in a matter
wherein the sum claimed was above 501., but which case
had been submitted to him by mutual consent, under the
13th and 14th Vic., c. 61, which provision, although it
limited the jurisdiction of the county courts to 501., yet
at the same time gave the judges jurisdiction over cases,
by consent of the litigants, to any amount. The objec-
tion taken on behalf of the respondent was, that there
was no appeal from the judgment of the county court in
such a case as this, inasmuch as that the judge of that
court must be taken as an arbitrator, and elected by both
parties. The court had considered the matter, and had
taken time in the first instance for that consideration, in
order that the opinion of the judges of the other courts
on the point, as it was one of great importance, might
be obtained. But the ollier learned judges had ex-
pressed a desire not to give an formal opinion without
hearing the arguments. That court was unanimous in
opinion that no appeal under such circumstances could
be brought. The judgment, therefore, would be for the
respondent, but without costs.
(Sittings at Nisi Prins in Middlesex. —Before Mr. Baron

Platt and Common Juries.
SPILL V. MOSS.-SALE OF A HORSE.

Mr. Edwin James and Mr. G. M. Dawson were coun-
sel for the plaintiff ; Mr. Prentice conducted the defence.

This was an action on the warranty of a horse. It ap-
peared from the evidence of the plaintiff, who carries on
a waterproof manufactory at Stepney-green on a large
scale, employing as many as one thousand hands, that on
the 16th of September he bought a horse from the de-
fendant, who is a horse-dealer in Smithfield, having sta-
bles in the Kent-road, for which he paid down 10/. and
was to pay another 51. if the horse suited, the defen-
dant having agreed to take in exchange a horse of the
plaintiff at 101., thus making the whole value of the
animal purchased by him 251. Prior to the payment
of the money the parties registered the sale with the
clerk of the market, the horse being warranted
sound. The defendant's man then took the horse to
the plaintiff's stables, and took away the other in
exchange. The plaintiff then put the newly purchased
animal into harness, and although it was only going
at the rate of eight miles an hour, his wind was so bad
that it was necessary to pull him up every hundred yards
in order to allow him to breathe. He was, in point of
fact, a roarer, and not worth his keep, and he therefore
sent it back to the defendant, but since then he had
never received another horse instead, or his own that he
had given in exchange, or the 101. he had paid down.
The plaintiff's groom and the assistant clerk of the
market having been called in support of the case,
The defendant, and other witnesses on his part, gave
a totally different version of the transaction, but
The jury, without hearing Mr. Dawson in reply, found
a verdict for the plaintiff—damages 251., the amount
claimed.

INSOLVENT DEBTORS COURT.--JAN. 23.
(Before Chief Commissioner Law.)

IN THE MATTER OF MATTHEW NOTTINGHAM.
This insolvent, agent for the Caledonian Tube Com-
pany, was further heard on his application for discharge.
Mr. Cooke opposed for a Mr. Cutler, who was stated to
be a shareholder in the company ; and Mr. Sargood
supported.
On the present occasion a letter from the solicitor of
the company (Mr. Slaney) was read, and one from Mr.
Baker, the manager, repudiating the opposition. It was
admitted that Mr. Cutter could oppose, but not for the
company, as he was a shareholder.
Some further evidence was given, and it was com-
plained that the order of the court, made on the former
occasion had not been complied with. It appeared that
in the autumn of 1850 the insolvent was presented with
a valuable diamond ring by the Emperor of Russia.
Instead of the ring he bad the valus in money, amount-
ing to about 142/., and he had accounted for it in his
books.

Eventually the case was adjourned to Wednesday, to
complete the schedule.
(Before Mr. Commissioner Phillips.)
There were several cases before the learned Commis-
missioner, but they presented no features to be reported.
In the case of George Frederick White (in which
Mr. Macrae opposed and Mr. Duncan supported), a
balance sheet had not been filed, and an application was
made for a long adjournment to settle.
His Honour would not grant it, and ultimately the
case stood over to Saturday to comply with the order of
the court.

poor-box :-31. from J. E., 20/. from Y., 6/. from E.
M. M., and 2/. from R. W.—said that the amount in
hand was now reduced to 261. 12s. 9d.

BOW-STREET.—Cornelius Sullivan, a journeyman
shoemaker, was charged with a violent assault on Wil-
liam Humphries.
The prisoner was formerly in the employ of Mr.
Kendal, boot and shoemaker, in Drury-lane, but had
lately joined the whole body of workmen in a "strike" for
wages. The complainant was one of the men who had
since accepted Mr. Kendal's work at the old rate of
wages, and it transpired in evidence that the men on
strike regularly waylaid the new hands, when returning
with their work, for the purpose of impeding and as-
saulting them.
Police-constable 50 F, and another officer, described
the outrages being committed daily in this way, and
stated that they saw the prisoner knock down the com-
plainant with brutal violence on Saturday night, several
of his companions joining in the attack.

Mr. Jardine observed that this was a kind of offence
which, happily, could be very soon put a stop to. There
was nothing about which the law was more imperative
and severe than in dealing with this scandalous inter-
ference with peaceably disposed men in the lawful ex-
ercise of their vocation. He had the power of com-
mitting the whole of these men to prison, and he would
do so most assuredly if the police could succeed in
apprehending them. The present charge was far too
serious to be disposed of summarily, and, therefore, for
the present, he should remand the prisoner till Friday
next, committing him to prison in the meantime.
The prisoner was remanded accordingly.
Dennis Leargrand Ellen Leary, his wife, were charged
with a ruffianly outrage upon the police.
The male prisoner was fighting with another man on
Sunday morning, in Broad-street, St. Giles's, when Ser-
geant Buck interfered to quell the disturbance. The
prisoner knocked him down by a savage blow on the
eye, and kicked and stamped upon him while on the
ground. Two other constables arrived, and were also
assaulted by the prisoner, his wife, and others of the vile
mob assembled on the occasion. The police only suc-
ceeded in capturing the two prisoners, after enduring
considerable maltreatment.

Mr. Jardine committed Leary to three months' im-
prisonment for assaults on the three officers, and for a
further three months in the event of being unable to find
two sureties in 201. each to keep the peace for that
time.

His wife was committed to prison for a month.
Simon Conner, charged on suspicion of stealing a gen-
tleman's blue cloth circular cloak, a quantity of damask
table cloths, &c., (marked "Graham," "Lawless,"
" Squire," and " Godfrey") and drapery goods amount-
ing to about 1001. in value, was remanded for further
examination.

CLERKENWELL.—CharIes W. Pearse, a respect-
ably dressed young man, who was described in the
police.,lieet as clerk to the Great Northern Loan So-
ciety, New-road, King's-cross, Battle-bridge, and re-
siding at No. 46, Copenhagen-street, City-road, was
put at the felon's bar before Mr. Corr* charged with
obtaining money under false pretences.
Very recently some parties have started an establish-
ment in the New-road, near King's-cross, under various
titles, holding out that loans from 31. to 3001. could be
granted. Numerous poor persons applied at this court
on Saturday, complaining of having been swindled out
of their money, and they gave the prisoner into custody
on the same evening.
A person who represented himself as being clerk to
Mr. Gobbett, solicitor, of the Strand, attended for the
prisoner. _ . _

SPORTING INTELLIGENCE.

TATTERSALL'S-MONDAY.

Notwithstanding the steeplechase attractions at
Oundle, the room was pretty numerously attended, but
business was dull i❑ the extreme.
The advancement of Newminster to 1000 to 60 for the
Chester Cup was the only important movement ; at 20
to 1 he was backed for upwards of 1501. ; 750 to 25 was
taken about Tom ; 1000 to 25 about Aldford ; 500 to 10
each Catspaw, Nabob, and King of Trumps, in one bet,
and 1000 to 15 about Lla,nforda.

The Great Northern Handicap and the Metropolitan
were untouched.

DERBY.-300 to 100 was taken about Autocrat and
King Tom, coupled, and the latter was backed sepa-
rately for 501. at 8 to 1, the taker offering to go on ;
325 to 25 taken about Dervish, 625 to 25 about Ruby,
1000 to 30 Scythian, 1500 to 30 about Honeysuckle, and
the same about Old Noll ; 1000 to 15 The Star of
Surrey ; 1000 to 5 was betted three times against
Honeysuckle's winning the Derby and Oaks. Closing
prices :

LIVERPOOL STEEPLECHASE.
10 to 1 agst Miss Mowbray (taken).
CHESTER CUP.
100 to 6 agst Newminster (taken).
30 to 1 agst Tom (taken).
40 to 1 agst Aldford (taken).
50 to 1 agst Catepaw (taken).
50 to 1 agst Nabob (taken).
50 to 1 agst King of Trumps (taken).
100 to 15 agst Llanforda (taken).
Balrownie, Haricot, Captain Cornish, Bracey, Moni-
mia, and The Penitent, are scratched.
TWO THOUSAND GUINEAS.
7to 2 agst Boiardo (taken).
DERBY.

3to 1 agst Autocrat and King Tom coupled
(taken).
Bto 1 agst King Tom (taken).
13 to 1 agst Dervish (taken).
25 to 1 agst Ruby (taken).
33 to 1 agst Scythian (taken).
50 to 1 agst Honeysuckle (taken).
50 to 1 agst Old Noll (taken).
1000 to 15 agst Star of Surrey (taken.)
OAKS.
4to 1 agst Meteora (taken).

GREAT NORTHERN HANDICAP. - Barrel, Boddicots,
Hazleuut, Amos, Cobnut, and Domino are struck out.

OUNDLE STEEPLECHASES-MONDAY.

The FARMERS' and TRADESMEN'S STEEPLECHASE of 5
sovs. each, with 20 added. Gentleman riders. Three
miles.

Mr. Ivens's Harry, 13st (Mr. Brown) 1
Mr. Tresham's Ben Lomond, 13st ..(Mr. C. Hewitt) 2
Mr. Percival's The Marchioness, 12st 71h (Mr. Gordon) 3
Mr. Haradises Kettering Maid, 13st (Mr. T. Burnaby) 4
Mr. D. Brigg's Ivanhoe, 12st 71b...(Mr. S. J. Wellfit) 5
HANDICAP SWEEPSTAKES of 15 sovs. each, 10 ft, but
only two if declared, &c., with 100 added ; the
second to save his stake. About four miles.
Mr. Goldby's Ploughboy, 10st 91b (Twiddy) 1
Mr. Derley's Topsy, 9st 21b. (W. White) 2
Mr. W. Baxter's A. Y., 9st 61b (Lamplugh) 3
The following also ran :—Old Rake, The General, and
Quasimodo.

Betting-3 to 1 agst the General, Topsy, and
Ploughboy ; 4 to agst Old Rake. Ploughboy led
throughout. After recrossing the road Topsy drew up,
and challenged him at the last fence, but after a good
race in was beaten by half a length. Bad third. Qua•
siniodo was stopped at the road the second time round ;
he was then a long way behind.

SELLING RACE, a Sweepstakes of 5 sous. each, 2 ft,
with 25 added. Optional selling weights. Two miles.
Mr. Blood's Slashing Painter, lOst (501.) (Tasker) 1
Mr. Allen's Nom de Guerre, 9st 71b (carried 9st 91b)
(501.) (Salt) 2
Mr. C. Ortnond's King Charley, 9st 71b (carried 9st
91b (251.)
Mr. T. Pell's Conservative, list (1501.)
Mr. G. Simmonds's Janus, lOst (carried 10st 31b)
(501) (Twiddy) 0
Mr. W. Langham's Baylock, lOst (carried lOst 51b)
(501.) (Owner) 0
Mr. Robert Francis's Woodpecker, 9st 71b (carried
9st 911)) (251.) (Johnson) 0
Betting-2 to 1 agst Janus, 3to 1 each agst Slashing
Painter and Nom de Guerre. Slashing Painter took
the lead directly after crossing the Dean Park-road, was
never afterwards headed, and won by a length. Janus
fell at the brook in the first round. The winner was
sold for 521.

NORTHAMPTON AND PYTCHLEY HUNT.
WEIGHTS for the GREAT NORTHAMPTONSHIRE STAKES,
Forfeits to be declared on or before the let of Feb
Two miles.

Age st lb
Kingston
Hungerford
Nabob
Ariosto
Newminster
Goldfinder 9 8 6
Torment 4 8 6
Adine 5 8 5
Little Harry 5 8 5
Mountain Deer ... 6 8 4
Chief Justice a 8 4
Pelion 4 8 3
Red Lion
Ilex 5 7 12
Talfourd 4 7 12
Defiance.
Daniel O'Rourke 5 7 12
Ethelwolf
Pantomime
Trifle (h b) 5 7 9
Elcot 5 7 8
Muscovite - 5 7 8
Haco 4 7 8
Lindrick
Grapeshot 4 7 6
Nutpecker 4 7 51
Aldford
Annie Sutherlind 4 7 411
Cariboo
Feversham
Kohinoor
Musician
Dove 4 7 3
Rackapelt
Poodle
Black Doctor 6 7 2
Cleveland
Wind,ucker
Mr. Sykes
Sextus ... H.....
Mayor of. Hull 4 6 12
Whalebone 4 6 12
Hobbyhorse
Voucher 4 6 12
Scarecrow 5 6 12
Little Tom 4 6 12
Tinton 4 6 10
Contentment 4 6 10
Diomedia 4 6 10
Heapy 4 6 10
Candlewick a 6 10
Tavistock 4 6 9
Farmers's Boy 5 6 9
Honeydew 4 6 8
Charity 4 6 8
Jacqueline 4 6 8
Veteran 4 6 8
St. Faith 4 6 7.

Age st lb
Lady Vernon 4 6 7
Janey 4 6 7
Olinder
Dear Polly 4 6 7
Pancake 5 6 5
Missive
William Rufus
Brown Brandy
Pride 4 6 4
May-day
Benita
Don Quixote 4 6 3
Belgrave
Jonathan Martin 3 6 2
Domino 3 6 2
Sir Jas. Graham 3 6 2
John Bull
Sine-qua-non 3 6 0
The Medal 3 6 0
Bracken 3 6 0
Viven 3 6 0
Baalbec 3 5 13
Lady Blanche
Star of Surrey
Dr. O'Toole
Bridesmaid
Toggery 3 5 11
Commodo.Charley 3 5 11
Handsome Buck '3 5 11
Br. to Andante 3 5 11
Adeline 3 5 11
Horatio
Diminutive 4 5 9
Caliph 3 5 9
Billingham 3 5 8
Mortimer
Lurley 3 5 8
Epaminondas 3 5 7
Bing Alfred 3 5 7
Ptolemy 3 5 5
Communist
El Dorado 3 5 4
Jennada filly 3 5 2
Erycina
Hermitage 3 5 2
Shunting.... 3 5 2
Alabana 3 5 2
Selma 3 5 2
Br to Little Swift 3 5 0
Lamprocles 3 5 0
Jujube 3 5 0
Jacob Petler 3 4 13
Sister toAphrodite 3 4 13
IRoebuck 3 4 11
Marc Antony 3 4 11
BrnpressCatherine 3 4 11
Jephson 3 4 11
ILittle Jem 3 4 11

RAILWAY INTELLIGENCE.

NORTH STAFFORDSHIRE.

The report of the directors of this company, to be
submitted to the shareholders to-morrow, states that
the requisite notices have been given for an application
to Parliament for the amalgamation of this company
with the London and North-Western Company. The
arrangement adopted by the two companies with re-
spect to the working and interchange of traffic has se-
cured to the proprietors, over and above all charges,
the dividend named therein. This result has been ob-
tained without taking credit for the traffic of the London
and North-Western Company carried over the North
Staffordshire line. In the meantime the public con-
venience has been much promoted, and a great economy
has accrued to both lines by the co-operation and good
understanding which have happily existed. The result
of the last half-year's traffic has confirmed the former
opinion of the directors, that the line had within itself
resources quite sufficient to guarantee at least an equal
percentage to that which would be secured by the amal-
gamation ; and they have no hesitation in affirming their
conviction, that at least the percentage named by Mr.
Stephenson and Mr. Hope may be counted upon from
the traffic of the line, independent altogether of the
amalgamation. In the bill a clause has been inserted for
the protection of the rights of the preference share-
holders, whose claim to (an increased dividend does not
seem, in the present position of the undertaking, to be
based upon so remote a contingency as was at one time
imagined. It appears to the directors that the state of
transition ought not to prevent their giving their full
attention to the material interests of the undertaking,
and the complete development of the various elements
of its traffic by which they are surrounded, nor to refrain
from every necessary precaution to prevent the occupa-
tion of any part of the territory which they serve, by
enterprises or branches not under their con-
trol, grafted on to the main line, which they might here-
after be compelled to purchase at an amount far beyond
the cost of their construction. It has in this view ap-
peared to them advantageous, if not necessary, to avail
themselves of the existing borrowing powers of the
company for the purpose of promoting and constructing
a single line projected by independent parties, having
for its object the development of the great mineral wealth
lying between Congleton and Stoke, and known as the
Biddulph coalfield. A bill is before Parliament for this
purpose, which, together with the amalgamation bill,
will be presented at the proper time for the sanction of
the shareholders. Messrs. W. Hopes and T. Salt, the
the auditors, in their report state that in the aggregate
amount of railway revenue' 106,7061., is included a sum
of 7,496/. as the estimated amount of the Manchester
and London traffic for the last half-year payable by the
London and North-Western Company under their agree-
ment with the North-Staffordshire Company of the
13th of April, 1850. The capital account shows that
the company was authorised to raise 5,820,0001., of
which 5,032,0981. has been raised, leaving power to raise
373,6281. on shares, and 414,2741. on loan. The loan ac-
count shows that 1,035,7261. had been borrowed, of
which 162,0501. was at 5 per cent., 182,1261. at 4? per
cent., 128,000. at 41 per cent., 284,0501. at 4 per cent.,
29,0001. at 343 per cent., 182,0001. at 31 per cent., and
68,5001, at 3 per cent. The capital account to Dec.
31 showed that 3,867,1861. had been received, and
3,880,3901. expended, leaving a balance of 13,2031.
against capital. The railway revenue for the half year
ending the 31st of December last amounted to 102,6001.,
and the expenses to 48,2071., leaving a balance of 54,453/.
The canal revenue amounted to 65,5981., and the ex-
penses to 27,7271., leaving a balance of 37,8711. The
net revenue, including 1,2801. rent of Ashbourne branch,
amounts to 93,6041. From this sum is deducted 21,6251.
interest on the debenture debt, and 29,2501 dividend on
1,170,000/. the canal capital, leaving 42,728/. for divi-
dend on 2,826,372/. share capital, which, at 3 per cent.
per annum, will amount to 42,3951. for the half year, and
leave 3331.