The Sun.
London, England, 1847-07-27 00:00:00

POYNDER V. THE GREAT NORTHERN RAILWAY COMPANY

This else came before his Lordship upon appeal trom
the judgment of the Vice-Chancellor of Engiand, deli-
vered yesterday, granting an injunction restraining the
defendants—the Great Western Railway Company—
:rom making their railway over the land belongicg to
the plaintiff in St. Mary's, I•lingtou, or from continuing
,n possession of the land. From the statements in the
nip it appeared that the company gave the plaintiff
notice in February last that they intended to take the
land, whereupon the plaintiff appointed a person to value
:.he land, and the sum amounted to 1,3381 While the
negotiations were proceeding, the company, without
notice to the plaintiff; applied to two justices, under the
powers in their Act, fur the appointment of a surveyor,
who valued the land at 9501. The company, after this,
delivered to the plaintiff a bond under their common
seal, and signed by the solicitors of the company, for
the payment of the said sum of 9501., with a condition
hat the bond should be void if the company and their
solicitors should on demand pay to the plaintiff, or
should on demand deposit in the Bank of England, the
amount of such purchase money or compensation us
should be determined upon, under the powers of their
Act of Parliament. Upon the bond was endorsed a re-
ceipt by the cashier of the Bank of England for the
9.30/., with a statement that the sum had been placed
co the account of William Russell, Esq., the accountant-
general of the Court of Chancery, to the credit of
ex parte the Great Northern Railway Company, to the
account of Thomas Poynder. The company took pos.
session of the plaintiff's land on the 12th of this
month, and commenced making their works upon it, and
another notice was served upon the plaintiff, that the
company would require more lands belonging to him.
Upon the case coming on before the Vice-Chancellor of
England, it was contended for the plaintiff that the pro-
ceedings they had taken were informal ; that upon the
appointment of a surveyor, under the order of the jus-
tices, the land to be surveyed ought to have been defi-
nitely stated: that the torte of the bond was wrong, as
►t contained the words " on demand;" and also that the
notice served upon the plaintiff was not in the terms au-
thorised by the Act, as it stated that the company in-
tended, at the expiration of three weeks, to enter upon
the lands referred to in the plan annexed, such land
not being more than 200 yards distant from the centre of
,he railway, and being required by the company for the
several purposes thereinafter mentioned, some or one of
them.

Oa behalf of the defendants it was submitted that they
had acted in strict conformity with the terms of the Act
of Parliament. At the conclusion of the arguments the
Vice-Chancellor of England, in giving judgment, said
upon the first objection, that in the appointment of
a surveyor, the land intended to be taken was not speci-
fied ; he did not see that the Act required anything of
he sort. It was for the justices to take caro that the
valuation was made of such land as was in dispute ; but
the Act did not require that the laud should be specified.
Another objection had teen raised as to the sufficiency
of the sureties to the bond ;• but he did not think there
was any question about that. since the bond had been
given, and the money actually paid. The receipt upon
die bond stated that the money was placed to the credit
of the Great Northern Railway Company ; and it had
been contended that this was wrong ; but he could not
:ee that there was any substantial objection to it, .us
.the money was to the account of the plaintiff; and there-
fore it was a literal compliance with the terms of the
set. The next objection was upon the word " demand."
dis Honour would not say that this was wrong, but he
would reserve his judgment, and determine te point
auother day. As to the form of the notice, which stated
i,kisl the company intended to. take the plaintiff's land
for the several purposes mentioned, some or one of
hem," he thought that was contrary to the terms of the
Act. The notice ought to specily the purposes for
,vhich the land was required, otherwise the owner would

lave the burden thrown upon him of considering all the
•litnrent questions that would arise as to how tar other
•ands mignt be equally good tor the purpose. His
Honour, therefore, granted an injunction as to that part
of the case, and from that decision the present appeal
was brought.
Mr. bolt and Mr. Dennison were counsel for the
appellant; and Mr. J. Bann and Mr. Craig appeared for
the plaintiff.
The arguments occupied the Court, the whole morning.

VICE-CHANCERY.-(THIS DAY.

(Before Vice-ChaneellorsWlGßAm.)

THE DUKE OF BEAUFORT V. MoRIIIS.—JUDGMENT.

llis kit:dour Vice-Chancellor \VIGRaM gave judg-
neut to-day in this c hich was argued before him
some time since. Tne bill was filed by the noble plain-
tiff for the purpose of obtaining an injunction to re-
strain the defendant Lam sus s±ring the water of his
alines from flowing into that of the plaintiff. The Duke
and his eldest son, the Marquis of Worcester, are the
owners of a coalmine in Glanaorganshire, called the
Landore mine, situated in the centre and lower part of
basin-shaped tract of land. On one side of this mine,
and adjoining it, is Another called the Pentre mine, be-
tonOng to Mr. George Byng Morris, beyond which is
,nother, the property of Mr. Phillips, and beyond it
another, called Cae Grebos, of which Mr. G. B. Morris
is the proprietor. On the other side of the Landore
mine, and adjacent to it, is the Drew's Pit mine ; be-
yond it flows the river Tawey, and beyond the river lies
another coal-mine, called Llysnewydd. Diew's pit and
Llysnewydd colleries belong to Mr. Morris. The same
gentleman was, until the year 1845, lessee, under the Duke
of Beaufort, of the Landore mine, and, during his pos-
session of it, communications existed between his several
mines, so that the water contained in them poured into
:.he Landore mine, the bottom of the basin, and was
iheye pumped up by e powerful engine. Since the expi-
ration of the lease of the Landore colliery, in 1845, Mr.
Morris has continued working his mines at Cae
Grobas and Llysnewydd, and the Duke com •
plained that water continued to pour from the new
workings through the old communication into the
Pentre pit, and thence into the Landore pit.
The noble plaintiff also complained that the communi-
cation mad.: between the Llysnewydd and Drew's pits
not only brought down to Landore the water of the
former mine, but also that, by reason of its passing
under the Tawey, that river would probably break
through its bed, of a loose and gravelly nature, and flow
into the Landore colliery. The engine at the latter pit
had not been worked since December, 1845, when Mr.
Morris's lease expired, and that mine was filled with
water, which the Dake of Beaufort now desired to pump
out, but which he thought it imprudent to do until he
had compelled Mr. Morris to stop all communications
between his mines and that of the plaintiff. To accom-
plish this object, and also to restrain Mr. Alorris from
making any new communications, the present suit was
instituted. Shortly atter the bill was filed, an injunction
was granted by Lord Lyndhurst to restrain Mr. Morris
from working his mines to that of the detriment of the
noble plaintiff. On the cause coming on for hearing
before the Vice- Chancellor Wigram. it was sought to
make that injunction perpetual. His Honour, after
going through the facts of the case at considerable
length, stated that, after great consideration, the only
course he thought he ought to pursue would be to retain
the bill for a twelvemonth, giving liberty to the plaintiff
to bring such action as he might be advised, the
defendant in that action to make certain admissions ;
the injunction granted by Lord Lyndhurst to be con-
tinued in the meantime ; and as to Sir John Morris, the
bill to be dismissed with costs.

In the Roll's, Vice-Chanc--ii,:r or England's, and Vice-
Chancellor Knight Bruce's Court, nothing particular oc-
curred during the whole morning.

A sale of about 100,000/. of silver by the Bank of
England to purchasers for the continent took place a fom
days back, and had some effect in supporting ihu foreign
exchanges op Friday last.

BANKRUPTCY.—(THIS DAY.)
(ieLreJjP. t;oinoussioner UOOI.IIOIOO.
IN RE lIEWSON.
This insolvent, who had caviled on business as a
schoolmistress', came up for her final order,
which bad
heel: adjourned on the ground that she had, by zt'l
propertY.
her " goodwill" of the school disposed of d
within the reetr,ieg of the Act, so that sits was debarre
from obtaining her final order. , elltivred
Co,;KE cpl,2.arcd I)7' 1!•.,..(1; vunt,
ie, ca7ri,-1
cre:btailie inzt:j,r, ii;;;,much to "c-
-lel: h r roc-immoutiation led to the co;.•tinuance
uat,
Filteen pupil,: had continued, and, as a Pieml-the
she was to receive 5/. 10s. each, being, in text, -
`urine y due. She had not, however, received that reellet,)
but 270/., which she had received she had paid alvly r
divers creditors, and she had some pupils who
,ha",;`;i-eto
paid, and from circumstances she hail been corePe"e-,ist
waive her claims. The Learned Counsel said it ultii-0
surely be more beneficial to the creditors to acceetco,
imiolvent's proposition to pay by degrees than t 9 Court,
cerate her. There was a relief in the Insolvent
a deserving insolvent was rescued from inveterate er'
ditors. tile
His Hosoutt said, that individual] the case reTwb he
hard ; he regretted that in administering the 'Lit; de'
should give pain to one who really did not apPee'r
serve it. He always held the Learned Counsel's 01)'n
and argument in respect, but he must decide accord ing_.„
the present law, which the future law would aveidth°o7ld
cessity of his carrying out in this Court. liebe re-
dismiss the petition, and all tangible property
turned to insolvent.

)
SURREY SESSIONS.—(THIS Dil. re
e
John Usher, William Reeves, and Thomas Parher*/ the
indicted with stealing a copper, the property
II Soth-Western Railway Companha tiMe
t appeared that the prisoners d been for glee f
empl.)yed in pulling down houses on the new ,n°-;o
railway from Nine Elms to Hungerford-bridge• r from
evening of the 10th instant they removed a O:Tr,: sot.
the rear of one of the houses, but were caufht in tpe
The jury found them Guilty, and the Court sate°
them to three months' imprisonment each. glass,
John Lloyd was indicted for staling a lookleg".
the property of William Franklin. g A sod
The prosecutor is a furniture-dealer at Richnolt: Wss
about one o'clock in the day of the 20th instant to
seen by one of the guards of the Richmond Ra"7:so,
enter Mr. Franklin's shop and steal the lookieg"gs-es.,
Prisoner denied being near Mr. Franklin's pretelntbo
The jury found him Guilty.—Sentence, three m,
imprisonment. a ete
James Dohegy,l7, and John Barry, 18, Were inidse el
for stealing some ivory bagatelle balls from the he'rorid.
Simon Hone, beer-shop keeper, Southwark-bridge:lig of
They were seen to enter the house on the et pre'
the sth instant, and immediately after they left the
perty was missed. They were pursued, butll'e)
their escape in the Mint. vietioss
The jury found them Guilty, and previous eell'ed for
being proved against them, they were transP(/'
seven years.

yV
BO W-S TREE T.--(THIS DA1rb.1442
Charles Abbot, an unemployed servant, wit9"co 1-„8
with stealing a dozen of wine and some table 11„-6010
property of the Rev. Mr. Stonestreet, of 35,
street, Bedford-square. 11.111;ng
It appeared that Mr. Stonestreet's butler ~Viten
ill, the prisoner was temporarily employed le P-000-
This morning a dozen ot wine, which had been reboot
from the cellar, was discovered packed UP 11
r
in the prisoner's pantry. The bottles were ril,l' 'tb 011,
in the prisoner's linen, and in some table r
toAels, Mr. Stonestreet's property. The 11(11335.: to
directed to a person who was said by the prtso
Lis lanlady. „ea till
The Apri,oncr made no defence. He was 00"

this day week.
THAMES.—(THIS 1)--4-1('204$11:
THE DAGENHAM MURDER.—APPREHENSIO', eseiV,
GEANT PARSONS.—This morning considerah,,„neefc
merit was created in the neighbourhood of o'Zfosifa
rumour being circulated that Sergeant Parsons,' ~ee,,„
of the K divi•sion, and for whose gpp ehension (r"
had been offered by Government was i
in cu. slAtirber
making inquiries at the Thames Police statie°' orebelet
-pare, Srepncy, we found the rumour of the 61140t.k).0
sion of Parsons was perfectly correct, he beieveven fr-thes
lime lodged in the station-house, having' ". 0 is
into custody, and brought up from Liccolnsbirber ce
charge of a sergeantof the K division, and It by' ~s.er'
stables. He will be conveyed to Ilford gac)" efOce"
geant Fook of the K division, assisted by other e
ASP
CITY OF TORONTO AND I)
AY.) red
HURON RAILWAY.—(THIS holde he
The adjourned general meeting of the share-s of
he
company was this day held at the °ice-
company, 13, St. Helen's-place. Franks,
The chair was taken at 12 o'clock by
the chairman of the company. ,eaing
The Secretary read the advertisement COn'
meeting. , read a
The minutes of the last meeting having been ~
as 911;1'd confirmed,
The CHAIRMAN stated that the present • urpo-- he
journed meeting for the Bth of July for the li:;ts of to
affording an opportunity to have the aciec4l.o:lol4,,e-e,
company audited, printed, and circulatea 0
shareholders. The accounts had aec°l-"e'n-,Zreird':o(
each of
tahneeirshaacroephyolodrerst.he aFaroami.latbdebeheanian—ce-sheea4ll
the accounts so prepared, it appeared that the rercie
deposits received by the company of ss. Per dilute td
on 7,978 Shares was 1,9941.10.- 'The exPen'- e
v
already amounted to 1,686/. 55., leaving a bilit/!,,erso.j
bands of their bankers of 3081. 55.. The dire
pew
company recommended that, inasmuch as all tbeeaSed 'Yff
had been. already incurred by the compool' be
d
remaining liabilities did not exceed 70/.;
G,itt atit
tore expenses would be merely nominal, it "'it treo;
desirable to dissolve the company, but to alloWo ere
lit
its position, in order to see what course the „;10S1
would think it right to adopt with respect to 1"..•
ed
British North America. nt eOO/1)01
Mr. W. HAWES thought that as "the pros the I
had dwindled down to a mere offshoot Or „:
Canada Company, it would be much better them 11;7
terests of the shareholders at.once to relieve- .000°
the pressure of an unknown and indefinite
liabilities by a dissolution of the eompanY• 00610
The CaAIRMAw said that, although the;Pre cosle"
ing was called strictly for the purpose efLo aedis4ol
the financial report of the committee, ltr-LefebLer.
wish to shut the door to any ,discusliar 117th,cor.
arise upon the Hon. Proprietor's reenark,s•c (d_.;
to the company being an " offshoot "..141-„,▪ -e fri
CoMpany, he distinctly disclaimed that ''r
fact, and that the Canada Company wet° 'Toe •
00
interested in the concern as the propose "y r
pass through their lands. He believed that "togs let:
constructed in Canada would be beneficial tQ the
Company. With respect to the nature c'''the ffr
ment in railways in Canada, especially ili.oooldV
part of that country, he believed that theY,. the
ample remuneration. He had heard WI% t.
had been estimated at as much as 20 Perefie",so et el,
Mr. flAwEs would be perfectly sateow" be p
directors' recommendation not to dissolvedlto lie
to pass, if he could receive their assuran outn,b,
ther call should be made until a lull stater
course to be taken should be laid before b
holders. teat ef!,
The CuArnsrArr had no objection to g ivet i
ecamerh
Mr. IlAwes then wished to know 'she"' of ib°",ol
intended to be adopted when the balance efPea
11/
puny, amounting to about 300/., had heen
the directors. 1'611111;
The CHAIRMAN said that the balance Lense-hoeti
hand would be sufficient to meet all the "reed we
company for the next two or three years,
~ters 0005
time there would be no doubt that the dire" feta
to
be in possession
meetheNnior.tnhseeicl
scesus teyonvtfeoedrxo.
and the course of the proposed line. B°,l.4ter °
expense,
aaeetnnhesdetei
snmgo rf a.tnhjye. intentionscfßuo
r:
atootpofeaxrat
sh;e.:6: :;eicentli :wnt:
adoption of the accounts as audited, which AD;
after a few remarks, unanimously agreed to
I
-he report of the directors, read at • , to"
the Bth of July, was also received and 00;0e
The thanks of the meeting were then " 13/
chair, and the n b
Iso,(e;ote
THE WEIGHT AND SIZE OF Pool, .25:59i'f010,11
an Act of Parliament passed in the efj fec;
and 11th Viet., c. 85). and which ".ill ta'-ne lefro pi tile:,
Ist proximo, the present restri:.-Aed weighl nod
post, of sixteen ounces, will be remove red ot,
day mentioned the Treasury are etarrely the Pee l'bre
maximum weight of letters to be stir ettat.,:rslAll
order to prevent packets of an unwle'4l jetteVie " 013;
Convenient size being transmitted. " 'fee P 9
forwarded, conveyed, and delivered, hY •Treas',4o,
formity with any such warrant (of thei owe; restl'o
also in conformity with, and under, aro, antleiber
orders, conditions, limitations, rtgala,ll°,do'f. whar3osll,Pet
tions, as to form, size, or dimensions teethe fo6; of
proportion to the weight or otherwie,e•e6 igioneret."
General, with the consent of the Core"'ime dire sale
rare and ancient c.:-.•ins, the property aless`f svh,4l
took place at the auction-r00035,-0) gel E11:t
Sotheby and Wilkinson, the prices of Wan
(20ee/.
were as follow :—A silver crown Pie,ce„,..de•
-l',,s' viee`,
lector,M SieAsLtl" s
or Treasury,
ANCIENT
shall
cf
beth, 1/. 11S.; a ditto of James
or:4;Nms.t--iPIYe etc)stelarnafllo);..e:.ss°,ll,
a ditto of Charles 1., 21. Is. ; a twenty
i-,ed• a,i), 11 of
ditto, 1642, 3/ ; a crown, half•crovro, abroa .oge',l7/
Cromwell, 3/. 75.; a gold coin of (lit" ;, ;03, "ip
51. ss. ; a sovereign of Edward Vie los 'ot,
Richardll. 3s. ; a sovereign ° ..113. Or'
Qii?en seated, 2/. 55.;
1688, 71. 103.; a gold coin of Costa' 4e eve
ee,
1/. 4s. ; &e. r 13 On. wic,tl3.,''
REDUCTION IN THE PRICE 0- brett
day a further reduction in the price tbosevihiP
a five-guinea Plec4ipe r
by the bakers throughout the mete oaf
7,l.,,tecbts9,
'rated cheap bakers selling the 41b. Beth, irt%oetol'
some vicinities—the New-cut, Lagieeead l'tbe
&c.—it is selling at 6id. The best br d 6,
otte
and 9}'l. Rye, or farm-house bread •
'6
nein' ft 000
not weighed. • of a 11() tP
" John," inquired a dominie roues
" What is a nailer ?" " A men wha° tailor saiipt
who
John. "Very good. What is ~ fOloa.
who make t: tails." " Oh, you stupta wake aid jj
wig)
do7niiiie, biting his lips,' " a Ina". he w
if t Mould,boy°
" Yes, master," returned John.
de they " our
put tails to the coats ho •• boo
John y 0 u're a°
jackets." " Sit down, f the Ili 1,
maternal parent." sing e ,31113/CP,
OLD COURTSHIP.--Since the pas co- ~.„„
Debts Act, the usual advice when
Ohn
court biol.
another owing him money is, " oe°
tenhani Chronicle.
'