The Sun.
London, England, 1849-07-21 00:00:00

POLICE INTELLIGENCE.
WOOLWICIL
Yesterday Mr. Joseph Clayton, the well-known news-agent,
was summoned by Inspector Derrig, of the Shooter's-hill
sub •division of police. for furious driving.
Police-constable 161 It deposed that on the morning of
Thursday se'nnight, about a quarter-past six o'clock, he was
on duty at Shooter's-hill, when he saw the defendant driving
from London at the rate of 15 or 16 miles an hour. lie
allowed the horse to go slowly up the hill, and then struck it
with the whip, when it started off again at a • most furious
pace towards Welling, He had cautioned the defendant on
the previous Tuesday.
Mr. Clayton said the fact was that he was conducting an
express for the purpose of forwarding the morning papers
down to the Kentish districts. He positively denied having
struck the horse, as it would not bear the whip, and on one
occasio❑ when he struck it it ran away with him. As to
being cautioned on the Tuesday he was in bed that morning.
He thought some allowance ought to be made for the fact
that this was an express f.ar conveying the Times and other
newspapers to Chatham and Sheerne.,s.
Mr. TRAILL said he was afraid he could not grant any in-
dulgence to the Times that did not belong to the public at
large.
Mr. Clayton said he was bound to catch a certain train at
the Gravesend and Rochester Railway, and he started from
London as soon as the papers were published.
Mr. TRAIL!, said he must either get the papers to publish
earlier, or get the train to wait, or have a road of his own.
It was a mistaken notion to suppose that any business,
however urgent, could be allowed to operate against the
general use of the roads by the public.
Mr. Clayton said the pace was the same as that of his
expresses on four different roads, and no objection had been
made by the police except in this single instance.
Mr. TRAILL remarked that the expresses must not go at
a pace to alarm the public. He apprehended that there was
as much objection to the pace, perhaps more, as to the rate
of speed. The danger was this—all horses knew instinctively
the pace of any other horse, and many endeavoured to imi-
tate it; and persons got alarmed at the speed of their horses,
which was induced by the other horse. By and bye, how-
ever, this would happen to some person unskilled in driving,
and serious, perhaps fatal results, would follow. Then there
would be a coroner's inquest, and the newspapers, perhaps,
would take up the matter, and it would then become very
serious, not only to the person causing the accident, but to
the police for not noticing the practice, and to the magistrate
for not having punished the first offence.
Inspector Derrig, having been sworn, stated that the pre-
sent summons had been taken out in consequence of com-
plaints from a tradesman residing i❑ the neighbourhood, who
said he was obliged to draw ap his cart to the side of the
road, to avoid being run over by the two expresses.
In reply to questions from Mr. Taainn,
Mr. Clayton said he allowed the express two hours to per-
form the distance of 22 miles, from Blackfriars to the rail.
way station at Gravesend. The horses were allowed to walk
up two hills, and twelve miles an hour he did not consider
to be more than the law allowed, especially as it was a very
early hour in the morning, and few vehicles were moving on
the road.
Mr. TRAILL repeated that the objection was not so much to
the speed as to the pace, the pace was as important as speed ;
there was less objection to a horse that trotted that speed,
and the defendant should endeavour to use horses that would I
do so,

Mr. Clayton having promised to comply with the direc.
tions of the magistrate,
Mr. Tam, said all he wished was that a better arrange-
ment should be come to, and he should, therefore, allow
the summons to stand open for a fortnight, on payment of
the costs.
Mr. Clayton complained of the conduct of the police-con-
stable in threatening to take him into custody, but
Mr. Tamut. considered he had a perfect right to do so.
The costs were then paid, and Mr. Clayton withdrew.

BREAKWATER -AT GnarixoN.—The magnificent
?ioer erected by the Duke of Buccleuch at Grant
saving been in some degree injured by the currents
lodging large masses of floating debris and mud around
Lt, it was resolved to build a breakwater on the west
side with a view to protect it. This labori-
ous work has been going on for upwards of
two years, and it now projects some distance
beyond the Granton Pier, and will admirably serve the
purpose intended. Another object, and one not gene-
rally known, to be gained by the breakwater is, to ex-
tend the work in a circular direction, so as to form a
harbour of refuge for vessels during a storm. At pre-
sent, when a tempest threatens, all vessels lying at the
mouth of the Frith have to take shelter in St. Margaret's
Hope, above Queensferry, so that a great convenience
will be gained when the Granton harbour is completed.
We understand it is contemplated to have a similar
breakwater constructed on the east side of the pier, and
when thig is done, Granton will have stronger claims
than ever to be considered " the port of Edinburgh"—an
honour which now very justly belongs to Leith.—North
British Mail.
SOUTH YORKSHIRE RAILWAY.—The permanent
rails are laid from Swinton to Conisbro', and we are as-
sured that the line will certainly be ready for opening by
September, to accommodate the traffic of the race week.
A locomotive engine will be employed on the line at
Levitt Hagg in a fortnight.--
Skifield Times.
THE ROYAL PAVILION AT BRIGHTON.—A Bill iS
now before Parliament to empower the Government -to
sell this palace, with its extensive appurtenances. This
celebrated place was erected by, and for many years was
the favourite residence of, his Royal Highness the Prince
of Wales, afterwards George IV. His immediate
successor, William IV., visited it several times during
his reign, and her present Majesty, on two or three occa •
sions in the early part of her succession to the throne,
became its occupant. Its glories are new passed away,
and the palace, with its extensive adjuncts, are about to
pass into other hands. On Tuesday last a preliminary
agreement was signed, by Mr. Leigh Pemberton, the
solicitor to the Woods and Forests, and Mr. Slight,
the
town-clerk of Brighton, by the terms of which the Hon.
Commissioners of her Majesty's Woods, Forests, and
Land Revenue are to sell to the inhabitants of Brighton
the entire property for the sum of .53,0001. We under•
stand it is intended to throw open the extensive lawns of
the Palace to public use as promenades and pleasure
grounds a desideratum of long• standing in that
fashionable watering-place ; the larger rooms of the
Pavilion to be converted into concert, lecture, and assem-
bly rooms.

MUNIFICENT GIFT TO THE UNIVERSITY OF OXFORD.
—A truly splendid donation of an entomological collec-
tion, said to be one of the richest in existence, and of a
valuable library on the natural and physical sciences,
has just been made to the university by the Rev. W. F.
Hope, NI.A., of Christ Church, with the twofold object
of enriching the new museum, and of a,sitting the
university in the efforts about to bo, made for the more
efft c:ual encouragement of scientific studies. The v.-hole
collection of insects and books is Aid to be worth 10,000/.

LAW INTELLIGENCE.
VICE. CHANG. ERY COURT, July 19.
(Before Sir J. L. BRUCE.)
IN THE MATTER OF THE BOROUGH OF ST. MARYLEBONE
JOINT-STOCK BANKING COMPANY, EX PARTE ALEX•
ANDER DAVIDSON.
This case was argued on the sth and Bth instant
Mr. Bacon and Mr. Little appeared for the motion;
Mr. Lloyd and Mr. Hetherington for the official
manager.
From the affidavits and statements, so far as they were
uncontradictef:l, the facts appear to be that Mr. Davidson,
in May, If-34, being the manager of the Commercial
Bank of England at Ludlow, received a visit from Mr.
Hannay; and at his suggestion, and as a favour to him,
Mr. Davidson allowed his name to be put OR the list of
shareholders for 100 shares, and Mr. Hannay gave him
a written memorandum, saying, "I hereby engage to
transfer to you, at par, 100 shares of the company held
by you, and to keep you out of cash advance, and pro-
tect you against all loss until a transfer." Mr. Davidson
thereupon executed the deed of settlement and received
scrip certificates fur 100 shares. Thirty of those shares
were on the same day transferred by Mr. Hannay's
management to Mr. Terry, Mr. M'Evily, and Mr.
Lloyd, for 1801, and the whole of the transactions
were entered into the minute-book of the directors, as
one approved by them. On the 10th of March, 1841,
Mr. Hannay wrote to Mr. Davidson, speaking of the
shares being at a discount, and saying that when he
took them the directors undertook to relieve him of them
at par, and concluding by requesting him to send tht.m
with the scrip certificates fur 70 shares. Upon this Mr.
Davidson executed a deed of transfer, and those certi-
ficates were sent to Mr. Hannay, who, on the 15th of
May, wrote as follows :—" I am duly favoured with
your letter of the 11th inst., enclosing transfer of your
70 shares to me as manager, for behoof of the bank,
with the scrip certificates thereof, the balance at your
debt in our books is thus extinguished." Mr. Davidson
was never returned to the Stamp-office as a shareholder,
and he swore, in his affidavit, that the whole transac-
tion was merely colourable ; that the Bank were the
actual proprietors of the shares, but he never paid any
calls, or receil&l, or would have been entitled to receive,
any dividends in respect of them.
The VICE CHANCELLOR now gave judgment and said
—I have considered this case, and particularly the affi-
davit of Mr. Davidson. From the materials before the
Court, it appears to me a just inference that the transac-
tion of 1837, respecting the 100 shares, of which 70 are
in question, was advised and carried into effect by the
parties to it for the purpose of accrediting the fallacious
representation that Mr. Davidson had taken, and was
the holder of these shares on his own account and at his
own risk, the object having been (such, at least, is judi-
cially my inkrence) to induce or encourage by means of
which this .104 s a part, the takieg of shares by persons
whom Mr. P.sannay or the directors might think it advan-
tageous or useful to add to the company. If this were
so, a court of justice, at least, must regard the transac-
tion as unfair, and treat it as a case tainted with deceit.
Mr. Davidson's counsel argued that it had no other
meaning and no other effect than to constitute him
agent for the company, or the directors, for the dis-
posal of the shares. I cannot accede to the argument.
Had the nature and the intention of the transaction
been so, it would have been constructed and managed,
I think, in a different, plainer, and more simple
form. Counsel also contended that it had not
been proved that any person had, in fact,
been misled; but the intention, in my judgment, was to
deceive. 'lt had not been proved, or alleged, that
strangers did not, as I think it reasonable to assume
that strangers did, become shareholders after this trans-
action. If they did so, it seems right to presume that
they became shareholders in the belief that it was truly
what it was ostensibly, nor do I hold that the case of
the shareholders who were so bona fide, and afterwards
continued so, is to be disregarded in considering this.
In the circumstances, as I view them, the shareholders
generally desiring to hold Mr. Davidson to these seventy
shares, as the true proprietor for every purpose, as be-
tween him and them, I should certainly, if the arrange-
ments of 1841 had not taken place, have decided in con-
formity with the Master's conclusion. But do they vary
the case? In my opinion they do not. If the business
was a mere ceremony consequent upon the affair of 1837,
or rather, perhaps, a part of it, I cannot interfere with
the Master's decision. Although refusing the motion, I
have not held myself bound to do so with casts, espe-
cially as I am not satisfied that Mr. Davidson had well
considered the transaction before be consented to become
a party to it, or that he thought himself to be acting
with impropriety.