The Sun.
London, England, 1853-11-12 00:00:00

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LAW INTELLIGENCE.

COURT OF COMMON PLEAS—Nov. 11.

WALLIS AND ANOTHER V. THE MANCHESTER, SHEFFIELD,
AND LINCOLNSHIRE RAILWAY COMPANY.-RAILWAY AC-
CIDENT.

This was an appeal from the county court of Lincoln-
shire. The case set up stated that the plaintiffs filed a
plaint against the defendants and by their particulars
claimed to recover 351., the value of two horses which
had been killed or seriously injured on the defendants'
line, in consequence of the defendants, their agents, or
servants, having left open a gate through which the
horses passed on to the railway, and suffered the injuries
fcoormt
the
a ionxepde
nos f,
es aond a f t
ry
isumns t
oo f
recovernn
loeyalso
t was
horses. claimed
The
case came on for trial, and the following facts were
proved :—The plaintiffs were farmers at Torksey, in
Lincolnshire, and they had formerly two horses in a
field through which there was a highway, but this way
ofwepanesonec. rbo
ys
It happened
d b
somebody
h ayp
yo gatesoedm,tw,
hh which ic m
t had
oafodo
or
passedoed
of
these
part of h
through,
gates
atte es p
wl ff's
aanai
dns t h
lefte
horses strayed into the common road. About 100 yards
off was the gateway of the railway-station yard, which
was' so constructed that it would shut of itself unless
kept open by something ; but it was proved that the
gate frequently was open. The horses went into the
station-yard in the afternoon, but were turned out by
the company's servants. Afterwards, however, they
went in again, and were accidentally locked in at night.
It happened that a portion of the railway fence had been
taken down to remove some goods, and the horses passed
through the opening on to the line, where they were
run against by a train. It was contended that the de- I fendants were liable to make good the loss of the horses,
in consequence of their gate being open and their fence
down ; but the defendants submitted that there was no
case to go to the jury. The judge refused to nonsuit,
and left the matter to the jury, who found for the plain-
tiffs fur the amount claimed. It was now submitted to
their lordships, on behalf of the defendants, that the
county court judge ought to have decided that there was
no case to go to the jury, and to have entered a nonsuit.
Mr. Addison appeared for the appellants, and Mr.
Gray for the respondents,
The Court took time to consider the matter.

COURT OF BANKRUPTCY—Nov. 11.
(Before Mr. Commissioner Fane.)
IN RE RENNET.
This was the dividend meeting in the case of George
Rennet, railway contractor, &c., of George-street, 'West-
minster, and other places. We published in The Sun of
yesterday a statement cf the amount of assets in hand.
A great number of creditors, seeking to prove for large
amounts, were in attendance this morning ; but as most
of their proofs had been previously investigated by
Messrs. M`Leod and Stenning, the solicitors under the
bankruptcy, and by Mr. Quilter, accountant, who is one
of the trade assignees, comparatively little trouble was
occasioned to the court. Only one proof, that of Mr.
Preston, a merchant's clerk, for 7501., on acceptances
of the bankrupt's, gave rise to any discussion ; and after
a lengthened inquiry into the circumstances of the claim,
it was ordered to stand over, to give the assignees the
opportunity of taking counsel's opinion.
Mr. M'Leod stated that since the last meeting be-
tween 10,0001. and 15,0001. of liabilities had been got
rid of, through the investigation to which they had been
subjected by the assignees. This showed the necessity
of investigation in every case.
The Commissioner—Oh, undoubtedly.
The total amount of proofs placed on the file in the
course of the day was 136,490/., making, with the debts
already proved, a total proof against the estate of
257,5291. The dividend to be shortly declared will be
about 2s. 6d. in the pound.
IN RE THOMPSON.
This was the last examination meeting in the case of
Frederick Hale Thompson, manufacturer of silvered
glass ware, of Berners-street, Oxford-street. The ac-
counts, prepared by Mr. Thomas, extended over 31
years prior to the failure in June last, and showed a
sum of 11,0921. due to unsecured creditors, and 2,7801.
to those holding security. The assets, if well realised,
are expected to yield about 103. in the pound.
Mr. Lawrance supported ; Mr. Sturgeon, for the as-
signee, offered no opposition ; and the bankrupt passed.
(Before Mr. Commissioner Holroyd.)
IN RE BATES AND RITCHMAN.
This was the certificate meeting. The bankrupts
had carried on an extensive business as straw plait
dealers, of Addle-street in this city, Bristol, and Bir-
mingham. The accounts, prepared by Messrs. Harding
and Pullein, show the debts to be 15,2841. ; liabilities,
3,4451. The assets were put down at 3,349/. in good
debts • doubtful, 3,3191. ; cash given up, 3081. ; property
realised, 1,1531. The profits were returned at 3,2831. ;
trade expenses, 2,9501. ; interest, 1,2521. ; law charges,
1741; losses in realising, 1,144/. ; bad debts, 6291. ;
partners drawings, 7441.
Mr. Linklater supported : Mr Robinson appeared for
the assignees.
Mr. Linklater, in applying for the bankrupts' certi-
ficates, stated that Mr. Bates had been in business for
many years, and Mr. Hitchman had been in his service
fifteen or sixteen years prior to 1848, when the partner.
ship commenced, there being a surplus in the concern
of 1,3001. Three or four of the largest debts arose from
the purchase of Tuscan straw, upon which it was ex-
pected to make a large profit, but it had fallen off in
value at that time. The bankrupts, whose returns from
January, 1851, to July, 1853, amounted to about
60,0001., had been, like many others in trade, the vic-
tims of fluctuations in trade, and the failure of large
houses with whom they dealt. 13,0001. of the debts
was represented by nine creditors, with whom the bank-
rupts had dealt for many years, and none of them came
forward to oppose. The domestic expenditure was very
small ; it did not amount to more than about 700/., the
amount of capital brought in by Hitchman, so that the
estate had in no way suffered in that respect.
The solicitor to the assignees said that they were quite
satisfied with the bankrupts' conduct.
His Honour said it appeared from the balance-sheet,
and what had been stated, that the bankrupts were en-
titled to their certificates forthwith, but the question
was as to the class. He (the commissioner) could not
say the failure had arisen solely from losses and misfor-
tunes. They had traded to a very considerable extent
at three places without capital to meet their losses. A
favourable feature was that the expenditure of both
these gentlemen was extremely small, and there was
nothing against their conduct as tradesmen, but con-
sidering the absence of capital—he did not mean to say
that a man was not to trade because he had no capital,
provided he had good credit, which should make a per
son very cautious, and not trade toa considerable ex,
tent—the
would
receive immediate certifi.
catesOft bankruptshesecondclass.

INSOLVENT DEBTORS' COURT.—Nov. 10.
(Before Mr. Commissioner Murphy.)
N. RE GEORGE M. INNES.—GOVERNMENT CLERKS AND
THEIR " TEMPTERS."
This insolvent, a clerk in the Admiralty.office, Somer-
set-house, appeared under the Protection Act on his in-
terim order. A creditor, named Charlton, messenger in
the Geological Society's department, Somerset-house,
opposed in person. Mr. Cooke supported.
Mr. Cooke informed the court that there was a pro-
posal in this case to set aside 1501. a-year for the
creditors.
Charlton complained that he had advanced the insol-
vent 601. on his promissory note, and afterwards a sum
was advanced on the note of a fellow clerk, named Bar-
ron, and to a Mr. Waddilow, and then an advance was
obtained on an I 0 U. Such conduct was not fair, for
he found the insolvent, who was to pay him is. interest
a quarter, was paying a Jew 60 per cent. interest.
In answer to Mr. Cooke, Charlton stated that in May,
1851, he advanced 601. to the insolvent on his promis-
sory note. lie was himself in Somerset-house being a
porter to the Geological Society. It was to his misfor-
tune that he had got acquainted with clerks in govern-
ment offices. lie considered that government clerks
were respectable men, but he had found to the contrary ;
he was " green " when he thought they were to be
trusted. When he advanced the 601. to the insolvent
he took nothing for discount. At the end of the quar-
ter he was to have is. 6d. in the pound, but Jews could
get 60 per cent.
Mr. Cooke--If a Jew got 60, you being a Christian
thought you might get 30 per cent. (A laugh.)
Chariton further stated that off the 601., 201. had been
paid. In conjunction with Barron the insolvent got
25/., and there was a sum to the other person he hadl.
mentioned. There was about 951. advanced, and 651.
had been paid off. He sued the insolvent, and 25e
costs had been paid. Barron had petitioned this court,The
year. and had offered to set aside about 501. a r.
other gentleman had made a composition, but he (Charl-
ton) held the insolvent liable.
Mr. Cooke asked Charlton that as he hnageregde_t for the
ofr
2
of about 901., and 150/. a year was
creditors, what could he want more _
Charlton said he opposed on principl
e.
Mr. Cooke told him he had by
such person
his principslethdaotneina.
great deal of mischief. It was
offices to live beyond
duced young men in Government
their incomes, and then they talked of opposing on
"principle." He would advise Charlton to leave off
such a dangerous trade.
Charlton declared thtenlis2olioald.
tloosKt
isnog9aLchnlyiegbeeinhge
"fleeced." If he had g
should have done a servile: to mankind, but he had been
"fleeced" by Government clerks, and could not send
his children to school. It was all from not knowing the
world.
Mr. Cooke charged Charlton with being the "tempter."
Young Men lived be-
lt WAS through such persons that
d their incomes. They took "30 per cent." and
yon
upwards and then complained. Charlton had got out of 951., and now vaunted that he opposed on prin-
ciple. It was impossible to feel sympathy for such men
--men who had pandered to the expenditure, or it
might be the extravagance of young men in public
situations. He submitted that the offer now made of
1501. was a very liberal one.
The insolvent, in answer, said that his salary was
3201. a year. Had it not been for Charlton, he should
not have been obliged to come to this court. His other
creditors would take the offer he had made.
Mr. Commissioner Murphy gave his opinion. He ,

:ed the offer a reasonable one. He could se
cothing in the case to prevent him from naming a da
for the final order.' He concurred with Mr. Cooke in
the servations he had made on persons advancing
money o Government clerks. Before he had the honour
of h, ing a seat in the court, he was familiar with its
ceedings by the reports given, and he had learnt-that
money was advanced at usurious interest, and the 'ix
increased -
penditure of young men by the mode in witica
it could be obtained. He had been informed; lir
great was the temptation of money in public ;• by
persons in discounting bills, that a board had ; a
up to exclude certain persons by name from t nt
The opposing creditor complained that he h
"fleeced," but it appeared that he had been pail fra.
out of 951., and the insolvent offered 150/. a year, be.
sides the offer by the other person who had petitioned -
the court. He (111 r. Commissioner Murphy) really
thought the offer was a reasonable one, and such as
should satisfy the justice of the case, and liquidate the
demands in the schedule. Acting on that view of the
case, he should appoint a sitting for the final order.
The final order was named for the 7th December, and
protection granted.

NAVAL INTELLIGENCE.

PORTSMOUTH, Nov. 11.
The Prince Regent, DO, Captain Hutton, flag of Rear•
Admiral Corry, will be paid advance to-morrow, it is
expected, and put to sea with the fleet, from Spithead,
in a few days, though no day of sailing is fixed, but it
will probably not be before the Duke of Wellington and
St. Jean d'Acre are ready for sea again.
The Medea, 6, steam-sloop, Commander J. C. Bailey,
is discharging powder and shell, preparatory to coming
into this harbour to be paid off.

LY, Nov. 11.
At 12.45 this morning the PcrewsM OUT
of theH men-of-war in
the Sound were beat to general quarters and exercised
at great guns and small arms, until 2.45 a.m. when the 4
retreat was sounded..::, The- teet-consists of Her Ma- .
s
jesty's crewtearn-ship Agamemnon 91, Captain W. R.
Mends ; Hogue, 60, screw, Captain W. Ramsay ; Im-
perieUse' 50, Captain R. B. Watson ; Magicienne, 16,
Captain T. Foster ; Valorous, 16, Captain C. H. M.
Buckle ; Desperate, 8, Captain W. W. Chambers ; Vul-
ture, 6, Captain F. H. H. Glasse ; and Scorpion, 6.
The accident on board the Agememnon on Wednes-
day would have been attended with very serious conse-
quences butefor the presence of mind of the chief e
neer, Mr. John Lang!ey. The ship went outside the
Sound to test the efficiency of Griffiths' newly fitted
fan. When two miles from the Breakwater, steaming
81 knots, and making 45 revolutions per minute,
something gave way below, and the revolutions
seemed to be suddenly increased to 1,000 or more per
minute. The shock is described to have been similar
to that of an earthquake. The funnel appeared to
jump from its place, and so excessive was the vibration
that every one expected the masts would go over the
side, and the boilers were momentarily expected to
burst. At this critical juncture Mr. Langley, with
great nerve and coolness, threw open the valves,
gradually stopped the engines, and thus saved the valu-
able machinery from tearing itself to pieces, and injur-
ing, if not destroying, the noble vessel herself. She
was immediately put under canvass, and returned to the
Sound. On subsequent examination it appeared that
the main shaft was broken just within the fans—in all
probability from a defect in the metal. A diver went
down and made an inspection again on Thursday morn-
ing. It seems to be a subject for consideration whether
experiments of this kind should not be confined at first
to ships of less size than the Agamemnon, which is in
all other respects complete for sea service.

WOOLWICH, Nov. 11.
APPOINTMENTS.

Midshipmen.—G-eorge Prosser, to the Princess Royal,
90, screw steamship, at Portsmouth; A. N. Lothlmry,
to the Agamemnon, 91, screw steamship. at Devonport.
Master's-Assistant.—Ettrick W. Creak, to the Juno,
26, at Chatham.

The period of service of Commodore Henry Eden, as
superintendent at Woolwich Dockyard, expires on the
14th inst., but it has been decided at the Admiralty that
he shall continue to perform his present duties until the
31st of December, when the Fisgard flagship. will be
paid off and recommissioned by the superintendent who
will succeed him. By this arrangement a considerable
saving and much simplification in the books and returns
will be effected.

ROYAL NAVAL COAST VOLUNTEERS.
The Lords Commissioners of the Admiralty give notice
that, in pursuance of the Act 16th and 17th Queen Vic-
toria, cap. 73, which authorises them to ?we, and from
time to time to keep up a number of m 4 who may be
,
called forth and employed when the defenol:: of the coun-
try may require it, to act with or in aid 4ftber Majesty's
naval forces, 10,000 men will be enrolleir from volun-
teers only, on the cost of the United Kingdom and the
Islands of Man, Guernsey, Jersey, Alderney, and Sark,
and they will be selected from seafaring men between
the ages of 18 and 35, or from others residing on the
coast who may be considered suitable for the service,
1 The duration of this engagement will be for five years,
and not longer, except in the case only that should they
at the expiration of the five years be in actual service,
they may, owing to imminent national danger, be kept
for a period not exceeding one year further ; and extra
pay will then be given for such extended time, and they
may re-engage for a second period of five years if they
think proper.
Every volunteer, whilst under engagement, will be
protected from compulsory service in the Royal navy,
otherwise than here explained, and will be exempt from
service in the militia, and from serving as a peace officer
or parish officer.
They will be called into actual service only in case of
Imminent national danger or great emergency, which
must be communicated to Parliament, if sitting at the
time, or by an order in council, and by proclamation ;
otherwise the duration of such actual service will not
exceed one year, unless the Queen should by proclama-
tion extend it for one year further ; and extra pay will
be given for such extended service. Should such extended
service not be found necessary, every volunteer who
shall have completed one years' actual service will be re-
leased from all further claim on him as a coast volunteer,
whether he shall have completed his five years' engage-
ment or not.

One hundred leagues from the shore of the United
Kingdom is the limit beyond which they are not to
be sent when called out on actual service.

Attendance for training will be required of them for
28 days in every year, at such time or times, whether
on shere or afloat, as may be ordered. They will be
taught seamanship, gunnery, and the use of arms. If
training afloat, they will not be taken more than 50
leagues from the coast of the United Kingdom. In all
cases their expenses to and from their place of residence
will be defrayed.
Bounty.—Every volunteer will be entitled to a bounty
of 01 ; 10s. of which will be paid to him when he is
finally enrolled, and the remainder in such sums and at
such times as the Lords Commissioners of the Admi-
ralty may direct.
Pay and other Advantage'---Whilst training or in
actual service each volunteer will be allowed the pay of
an able seaman in the Royal navy—namely, ls. 7d. a
day, in addition to his provisions • and if any man, be-
ing qualified, shall be appointed to do petty officer's
duties, he shall also receive petty officer's pay, which
varies according to the rating, from is. 10d. to 2s. 3d.
a day and provisions. Extra pay ofd. a day will be given
to all men who shall be retained, as before explained,
over their five years' engagement or one years' actual
service.

Cl°olilig,—Each volunteer will be allowed a nuit of
sufficient clothing, to be worn during the time of train-
ing, and to be returned into store when each successive

training shall cease.
All advantages of provisions and billets, the same as
are enjoyed by her Majesty's Royal Marine forces, will
be enjoyed by them whilst training on shore ; and when
training afloat, or when in actual service, they will re-
ceive the scale of provisions established for the Royal
navy, free of any deduction from their pay.
No man acting as a coast vvolunteereer must, during his
engagement, enter the army, militia, or the service of
the East India Company ; and no volunteer must absent
himself from training or exercise
when so called upon
(except incapacitated by bodily infirmity) under a pe-
nalty not exceeding 20/. ; nor fail to attend, if called
into actual service without being liable to the penalties

of this act.
All men disposed to volunteer are required to give in
their names and residences to the officers of the adjacent
coast guard station. Notice will be given fixing the
day when the first instalment of bounty is paid.
By command of their Lordships.
Admiralty. R. OSBORNE.

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