The Sun.
London, England, 1846-12-08 00:00:00

APPOINTMENTS.

Edward Mourilyan Master's Assistant, to the Victory
Henry L. Kelly, daster's Assistant, to the Victory.
Henry Wellings, Acting Assistant-Surgeon, to the
Albatross.
Bernard Delaney, Acting Assistant-Surgeon, to the
Caledonia.

John Davison, Acting Third Engineer, to the Ceylon.
11. Petch, Master's Assistant, to the Mutinc.—Times.

THE LATE THOMAS 1100 D.—It is with deep regret
that we have to announce the decease of the widow of
the late Thomas Hood, the celebrated humourist and
poet. The public are aware that Mr. Hood's life was
closed in the midst of much physical suffering and much
mental anxiety ; and there is little doubt that the un-
wearied exertions of Mrs. Hood, her unceasing attend
:trice on her husband's deathbed, and the grief and trial
which preceded and followed her bereavement, have been
the immediate causes of the disease which has thus pre-
maturely terminated her existence. She expired on the
morning of Friday, the 4th of December.
DEPARTURE OF SIR II POTTINGER.—SOUTII-
AMPTON, Dec. 6.—The Oriental Company's new steam-
ship Haddingtan, Captain Warner, went out of dock
yesterday, en route for Calcutta, calling at the Cape,
Mauritius, Gibraltar, and Madeira. She takes out ship
letters, a full cargo of company's stores, and 50 passen-
gers, among whom are Sir Hoary Pottinger and family.
The Haddington, on leaving the docks, was most heartily
cheered by the crews of all the other vessels in the basin.
The South-Western Company's steam-ship Transit,
Captain Whitworth, left the docks at eleven A.M. this
day, with 25 passengers and a cargo of iron and hard-
ware, bound for Carreel. Her return cargo will consist
of fruit and cattle.
CHLLD BURNED TO DEATIL—On Saturday Mr.
Payne held an inquest at St. Bartholomew's Hospital,
on the body of John Morris, aged five years and six
months, whose parents reside at 3, Broad-yard, White-
cross-street. The evidence proved that deceased, on
Wednesday morning last, during the temporary absence
of its mother, set fire to its clothes. The little fellow
had the presence of mind to roll himself up in the bed-
clothes, by which means he extinguished the flames, but
not before he was most frightfully burned. He was
taken to the hospital, where he died on Thursday night.
Verdict—" Accidental death."
DOVER HARBOUR.—We understand that the
memorial of the mayor and corporation of this town to
the Lords of the Admiralty, representing the necessity
of the erection of a low-water landing jetty at Dover,
has been most favourably received; and that their Lord.
ships feel convinced of the necessity of such a conve-
nience in a national point of view. We also understand
that their Lordships have instructed their engineer, Mr.
James Walker, to make out an estimate of the probable
cost of the erection of such a portion of the refuge har-
bour works as would serve the purposes of a low-water
landing pier.—Dover Chronicle.
FATAL ACCIDENT IN ST. PAUL'S CATHEDRAL.—
On Saturday Mr. William Payne held an inquest at St.
Bartholomew's Hospital, on the body of Shadrach
Ephraim Hammond, a painter, late of 3, Friar's-place,
New Kett-road. It appeared that the deceased, on the
20th of last September, was engaged painting a portion
of St. Paul's Cathedral, and whilst standing on the top
of a large ladder, or stage, he overreached himself and
fell, first on the head of another workman, and finally
to the floor. He was picked up, and the only external
injury that could be seen was a slight cut of the skin
ever the left leg. He was taken to the above hospital,
but, being afflicted with consumption, he continued gra-
dually to sink till Thursday last, when he died. Ver-
dict,' Accidental death."
MU. PISTRUCCI.—We are sorry to have to state a
very severe and painful accident which happened on
Monday last, the 30th ult., to Mr. B. Pistrucci, the
sculptor of gems, and her Majesty's chief medalist at
the Royal Mint. Mr. Pistrucci, who has for the last
two or three years been resident in the neighoourhood
of Windsor, and incessantly engaged on the completion
of the Waterloo medal, unfortunately slipped down the
steps :leading from his house to the garden, and, falling
with his whole weight on his right ankle, sprained the
limb to such a degree that he is entirely confined to his
bed without the 'power of moving, and it is feared that it
will be long, perhaps some months, before he is able to
get up and resume his usual occupations. The delay
which is thus occasioned in the completion of the medal,
both the dies of which were within almost a few weeks
of being finished, will add to the pain felt by the artist
and his friends at this very untoward occurrence.
THIRST IN AFRICA.—This heat takes away all ap-
petite, and one longs for nothing but a shady tree and
a gushing fountain; all elsys vain. It is strange to see
the efforts made by every creature, when we are coming
near a spring or brook, to reach it quickly. The weary
faces of the so2diers resume their animation ; the horses
and mules, who smell it half a league off, begin to neigh,
and, on reaching the water, both men and beasts plunge
into it to satisfy their burning thirst. General orders
and sentinels are of no avail—what is punishment, or
even death, to the s aldier at such a moment? He would
much rather die by a bullet than by thirst. Most of
them lose all self- cont.asl, and drink till they are literally
full. I have seen then i drink with a small tin can, called
a qcart, which each sulk tier carries hanging to his button-
hole, as much as five or, 'ix pints at a time. It is extra-
ordinary that more do nt.l die of it ; but the water is
generally warmed by the t 3.111, and the subsequent mar^h-
ing.brings on profuse perspiration.—French in Algiers.
ANOTHER TESTIMONLA,L TO MR. COnDEN.—We
are glad to learn that anotlaer testimonial is intended to
be presented to our distinguished townsman, Mr. Cobden,
in acknowledgment of his eminent services in the cause
of free trade. This tribute of respect will emanate from
the numerous and respectable body of commercial tra-
vellers, representing most of the leading, mercantile
houses in London, Manchest,n, Liverpool, Birmingham,
Bristol, Leeds, Nottingham. &c. The subscriptions,
though not large, are expected to amount to a sum large
enough to purchase a piece of p late worthy of Mr. Cob-
den's acceptance, and of being Landed down as an heir-
loom in his family.—Manchester
A rumour, says the Observer, has been in circula-
tion for the last few days that Louis Philippe has de-
manded a congress of the Powers of Europe, with a view
to his laying before them the whole of the circumstances
connected with the Montpensier marriage, and also the
position in which, is consequence of that marriage, he
finds himself placed with the other Courts of Europe, and
especially the Coati of St. James's. The King of the
French, it is added, repudiates the idea of having acted
with bad faith to England, or in any way which would
justify the cessation uf that friendship which has so long
subsisted between Fraaace and this country, and in the
perpetuation of which there will be found the best, if
not the only, guarantee fur the preservation of a Euro-
pean peace. He exprest es himself as both pained and
surprised at the circumstance of so grave an accusation
zethat of pursuing a perfidious course in reference to
§_panish marriages being preferred against him by
the Government of Queen ;Victoria. But, even was the
cuOsa
ion just, he maintains bis right to demand a con •
grass, in order that measures may be devised to prevent
the possibility of awn land.
in Europe, in consequence of the
estrangement of
En
.11e represents the existing
he deems it his y aunu:
state of affaint as very ausfactory, and intimates that
generally, to la dyutila)a
;Jet only to France, but to Europe
Powers the precise position in gres of the Europeann which matters stand be-
tween himself' and the Engl sh Government.
t o%sti or ALDBonouGH
CADVERTIS EMENT.I72DL
AND HOLLOWAT'S PILLS.
gee esintriraaei
CIIIONS medicine after every other means ghmaecateialebui,Y,
from his Lordship's letter, dated " Villa
21, 1843. To Professor Holloway.—Bir, I beg to aC,rytlfnhiyru'u Feb'
your pills have effected a cure of a disorder in ray liver and ect'olott
which all the most eminent of the faculty at home and an over the
Continent bad not been able to effect; nay, not even the waters of
Carlsbad or Marienbad." (Sigued) " Ammosoccu." These won-
derful pills will cure any disease of the liver or stomach.—Sold (also
Holloway's Ointment) at Professor Holloway's Establishment, 244,
Strand, Loudon, and by all medicine vendors throughput the civuhe
world.

LAW INTELLIGENCE.

COURT OF CHANCERY, Dec. 7.

RIGBY V. THE GREAT WESTERN RAILWAY COMPANY.

The Lord Chancellor, after disposing of this case,
which came before his Lordship to be spoke to on the
minutes, proceeded with the further arguments in the
part heard case of " Chuck v. Cremer," the facts of which
we have already given in detail. The case occupied his
Lordship the whole morning.

VICE•CHANCERY COURT, Dec. 7.
(Before the VICE-CHANCELLOR of ENGLAND.)

This being the Second Seal after Michaelmas Term,
the Court proceeded to hear motions, none of which call
for a particuiar notice.
(Before Vice-Chancellor Sir J. WIGRAM.)
WINTER V. WINTER. _ _ _

The arguments of this part-heard case were concluded
this morning.
His HoNoun reserved his judgment.
(Before Vice-Chancellor Sir J. K. Baucs.)
ROBINSON V. ASTEN.

This was a motion for the issue of an attachment
against the defendants, John and Robert listen, of Wol-
♦erhampton, for a non-compliance with an order of the
Court of the 3d of last November. It appeared that the
defendants were ordered to execute a deed of partner-
ship with the plaintiff within four days from the date of
the order, but that the deed remained still unexecuted.
His HONOUR considered that this was a matter which
could have been arranged at the office, and refused to
grant the order.
After hearing some uninteresting motions, the Court
rose shortly after eleven o'clock.

COURT OF QUEEN'S BENCH, Dec. 7.
ALLEY V. GAIN.

Mr. Chambers (with whom was Mr. Ball) appeared
for the plaintiff, and Mr. Crowder appeared for the de-
fendant.

Mr. CHAMBERS stated that this action arose out of
that great mania for speculation in railways which took
place in the year 1845, and in which the defendant was
extensively engaged. The plaintiff is a surveyor. The
defendant was a butcher, residing at Kennington. In
the course of the railway mania a scheme entitled the
Lincolnshire and Eastern Counties Junction Railway
was formed, and on the 9th of October, 1845, the
defendant wrote to the parties engaged in the
project to have his name inserted in the list
of the provisional committee, which was accord-
ingly done. In the late decisions upon this
class of cases, in the:Court of Exchequer, it had been
held that the mere fact of any man's name appearing on
the provisional committee would not entitle any parties
to bring an action against him, but that the jury might
take into consideration the important fact, of whether it
should appear upon the prospectus that the provisional
committee had employed parties to make surveys, or had
in their prospectus in any manner made themselves
liable or responsible. In the prospectus which had been
set forth in this case the provisional committee de-
scribed the various facilities offered by the line, stating
that persons had been employed to make the necessary
surveys, and on the face of it it must appear to the jury
that the plaintiff was in this case clearly entitled to re-
cover according to the view taken by the Court of Ex-
chequer. The amount sought to be recovered was
2031. 19s. 6d., the balance of an account, for part of the
money had been handed over.
The Learned Counsel then read the prospectus, and
called
Mr. White, the secretary to the company, who proved
the insertion of the defendant's name upon the prospec-
tus, of which 3,000 copies were printed and issued.
Mr. CROWDER objected that, although the defendant
wrote to request that he should be placed upon the pro-
visional committee, he had not authorised their publish-
ing his name to the world.
The Learned JUDGE reserved the point.
Mr. LEWIS, the engineer to the proposed railway c.im-
pany, proved the moderate nature of the plaintiff's
charges. He stated that he employed surveyors to do
work for the company; but he should not have done so
had it not been for the list of responsible persona whose
names appeared as provisional committeemen. All the
work was done by him on the reponsibility of the
company.
Mr. Furlong, a surveyor, also proved that the plain-
tiff's charges were fair and reasonable. The company
had not yet been dissolved. Mr. Brace, the solicitor to
the eorcpany, employed witness to arrange the sections.
By Mr. CROWDER—Considered that Mr. Brace em-
ployed him on the responsibility of the company, as set
forth.

This was the plaintiff's case.
Mr. CROWDER rent wed his former objection, and con-
tended that the prospectus could not be received in evi-
dence, as there was nothing in the defendant's letter to
warrant the parties in publishing his name to the world
with any responsibility attached to it. This letter merely
said `• insert my name as a provisional committeeman;"
but did not say, " publish my name as a provisional
committeeman." had the prospectus been sent to him,
and he had offered no objection to it, it would be another
thing, but nothing of the kind was proved.
The LORD CHIEF JusTicE was of opinion that the ob-
tion of Mr. Crowder was a good one, and the question
should abide the decision of the jury.
Mr. CHAMBERS said that it would be a pity that the
cause should have to come to trial again, and he would
therefore offer a little additional evidence. He then
called
Mr. Ambrose Moore, one of the provisional committee-
men of the railway, and chairman of the committee of
management, who proved that the name of the de-
fendant was on the 14th of October read from the pro-
spectus at a meeting of the committee at which the de-
fendant was present. He made no objection to it, nor
was any objection made to its insertion.
By Mr. CROWDER—Does not know that this action is
sanctioned by the company. Nor does he remember that
any resolution to the effect that actions should be brought
against any person or persons whose names should be
mentioned was passed.
The LORD CHIEF JUSTICE said that after this evi-
dence the prospectus could be received.
Mr. CROWDER then submitted that the case was not
supported on the evidence, which did not in any way fix
Mr. Gain.
The LORD CHIEF JUSTICE said that the view he had
always taken of these cases was, that when a man said
he would become a provisional committeeman, and
authorised the company to issue his name in a pro-
spectus, in any character whatever, lie must mean some.
thing by it. If he wished to be a committeeman it was
strong evidence that he authorised the company to
publish his name through the word in that character.
He could take no judicial notice of the word provisional
committeeman, but it had a meaning in the world, and
the jury, looking at all the facts of the case, must form
their judgment as to whether the defendant had ren-
dered himself liable to the plaintiff or to the public.
Mr. CROWDER then contended that as there was an
acting committee on and after the 14th of October,
therefore, they were liable, and not the members of
the provisional committee.
The LORD CHIEF JUSTICE said that it was for the
jury to decide.
Mr. CROWDER the addressed the jury, and contended
that as the plaintiff commenced work on the 30th of
September, and the defendant did not join theprovisional
committee until the 14th of October, the plaintiff must
have had some agreement stated or implied with other
parties, and with which the defendant could have nothing
to do. If the verdict were given against him in the pre-
sent case, Mr. Gain would be liable not only to the extent
of 2031., but to the extent of 28,0001., the whole liabili-
ties of the company. He knew that Mr. Beckett, one of
the managinitmen of the company, had struck out Mr.
Gain's name, as he did not wish any tradesmen's names
to be seen o❑ the committee. When the committee was
registered Mr. Gain's name was struck out, and notice of
the erasure was given to him. He hoped that the jury
would not sanction the injustice of compelling the defen-
dant to be liable to this ruinous extent.
Mr. UDALL (who was with Mr. Crowder) then called
Charles Russell, who stated that in the month of Oc-
tober, 1845, he was engaged as a coPying clerk by Mr.
Beckett. The defendant requested that his name should
be put on the list of the provisional committee. Witness
placed it on the list. It was not the act of the corn

pany. Afterwards saw Mr. Beckett strike out the
defendant's name from the printed list, and inquire who
he was. The name was struck out between the 13th and
the 15th; believes it was the 14th.
By Mr. CHAMBERS—Cannot speak precisely to
the day.
Mr. Pritchard stated that he is one of the clerks to
the register of the joint-stock company, He has the
book containing the list of the provisional committee of
the Lincolnshire and Eastern Counties Junction Riilway
Company. The registry was made on the 15th of Oc-
tober. There was a previous registry of the 22d of.
September. Mr. Gain's name is not in that registry.
In the registry of the 15th of October Mr. Gain's name
is printed, but islstruck through with a pen. The con-
sents of all the other persons on the list to be provi-
sionally registered as committeemen are appended, but
there is no consent of Mr. Gain's to be on the provisiona
committee.
Mr. Beckett was then sworn—He stated that he was
one of the solicitors to the company. He had to get up
the lists of the provisional committee. Has in his
possession the written consent of all the members of
the provisional committee. Mr. Gain's name was put on
the list by mistake, and was afterwards struck out.
Witness never considered him to be on the committee,

and has informed the parties that the present action
could not succeed.

By Mr. CHAMBERS—Witness and his brother were
the projectors of the scheme. The list was registered
on the 22d of September, and in consequence of many
additional names being entered it was again registered.
Witness has brought an action for a bill for 3,000/.
against Mr. Fisher, the owner of the Caxton Press, and
one of; the principal tradesmen in the city of London.
Witness has given an indemnity for 10,0001. to several
gentlemen fur using their names.
Mr. CROWDER objected t 4 this examination."
Mr.: CHAMBERS said that as his friend argued that
the provisional committeemen only gave their names to
sanction the undertaking, and were not liable, he (Mr.
Chambers) had is. right to show that something more
than a mere undertaking to sanction the line was consi-
dered necessary. He then addressed the jury in reply,
and contended that when the insertion of Mr. Gain's
name was sanctioned by the committee, Mr. Beckett had
no authority to erase it, and that Mr. Gain was, to all
intents and purposes, a committeeman.
The LORD CIIIEF JUSTICE, in summing up, regretted,
that if there were any solvent persons connected with
the company, that they had not been singled out, in-
stead of the defendant, who had been sued, as it ap-
pealed to him, upon very slight grounds. The question
for
rtheir consideration was whether the defendant had
anyi way rendered himself liable by causing himself to
become one of the provisional committee. The de-
fendant had written to be placed upon the. committee,
And the question was, how far--taking all the eircura-

stances of the case into consideration—he had so rendered
himself liable.

The jury, after a short consideration, returned a Yerdie
for the defendant

COURT OF EXCHEQUER, Dec. 7.

PAYN V. PRITCHARD.

This was an action in which the plaintiff, a railway
surveyor, sought to recover the sum of 46L, the balance
alleged to be due to him for work and services rendertd
as a leveller upon the London and Birmingham Exten-
sion Railway, and the Worcester and Warwick Railway,
for Mr. Pritchard, the engineer to the above lines.
Mr. M. Chambers, with whom was Mr. Hayes, ap-
peared for the plaintiff ; the Attorney-General, Mr.
Ashton, and Mr. Humfroy for the defendant.
From the evidence in support of the case of the plain-
tiff, it appeared that he was engaged by Mr. Bushell, the
managing clerk of the defendant, as a leveller, in the
commencement of October, at the rate of one guinea per
day ; subsequently, as the wages of that class of persons
rose in amount, it was increased to one guinea and a half
per day. The plaintiff now elaimed the sum of 461, as
a balance of the sum of 1081. due to him from the 10th
of October to the 2d of December, 1845, at the rate of
three guineas per day. It was the custom of all the
persons employed by the defendant to send every week
to Landon " a time bill," showing how they had been
engaged, and also what other necessary expenses had
been incurred; and it was from these " time bills" in the
office of the defendant that the present claim was
made out.

Mr. HUMPREY, in his address to the jury, contended
that the defendant was not liable to pay the present
large amount. Plaintiff was engaged at the rate of one
guinea per day, which was afterwards increased at the
express wish of the defendant to a larger sum, and al-
though the time bills forwarded to London by the plain-
tiff contained charges at the rate of three guineas per
day, still it was not until the month of Decem-
ber last that the defendant was made acquainted
with the charges. Be thought that at least the
plaintiff should give some evidence that the work
was actually done for which he made his charge.
The Learned Counsel proceeded to say that the plaintiff
had himself admitted that he had received the sum of
701. for his services from the 10th of November to the
2d of December, and that a further sum of 71. 6s. was
paid into Court, and contended that this was ample re-
muneration for the services of a person who had entered
into an agreement at the rate of one guinea and a half
per day.
A number of witnesses were then called on the part
of the defence.

The LORD CHIEF BARON, in summing up to the jury,
said, that with reference to the disputes as to what
portion of the line the work was done upon, he thought
the proper course would have been for the defendant to
take out a summons before the judge at chambers for
the particulars of demand, the plaintiff wishing to know
upon what portion of the line such or such work was done.
Such a demand would always be granted by the judge,
upon a proper affidavit, stating that the plaintiff had
reason to believe that the work in question was not done.
The questions for the jury to consider were, first, by
whom the plaintiff was employed, then whether the work
in question was really done, and if done, were the
charges for such work correctly made, and if so, what
was the balance now due to the plaintiff.
The jury, after a short consultation, returned a ver-
dict for the full amount, 461. 16s.
His LORDSHIP granted immediate execution.
WILSON V. LORD CURZON AND ANOTHER.—LIABILITY OF
RROVISIONAL CO3IMITTEEMEN.

This was an action in which the plaintiff sought to re-
cover the sum of 1251. for half a year's salary due to him
as secretary to the Canterbury and Herne Bay Railway,
from the defendants, members of the provisional com-
mittee.

The Attorney-General and Mr. noggins appeared for
the plaintiff ; Mr. Martin and another gentleman for the
defendant.

From the opening statements of the Attorney-Ge-
neral it appeared that the plaintiff was a civil engineer,
and the projector of the company. lle obtained the
names of a number of influential individuals, among
v. horn were Lord Curzon and Mr. Stuart, who was also a
member of the provisional committee of the Thames
Navigation Embankment Company. A provisional
committee was subsequently appointed, and one of their
first acts was to appoint the present plaintiff the secretary
to the company at a salary of 250/. per annum ; and he
was ordered to receive applications fur shares in the
company. Both of the defendants were present at the
appointment of the plaintiff, and at a subsequent
meeting to consider the claims upon the company, they
admitted the claims of the plaintiff fcr the sum of 125/.
The above facts having been proved by witnesses
called on the part of the plaintiff.
The LORD CHIEF BARON said that in his opinion
there was no evidence to go to the jury except the facts
before him, and from them there was nothing for them
to find. It was a simple question of law, and in
his opinion the plaintiff ought at once to be nonsuited ;
or, if a verdict should be returned for the plaintiff, it
should be with leave to enter the verdict for the de-
fendant.

Mr. MAaTIN could not consent to the latter proposi-
tion ; he did not intend to call any witnesses. There
was no case whatever to go to the jury.
The Loan CHIEF BARON thought it was very clear
from the Act that the promoter of a railway company
could not sue any member of the provisional committee.
It was lawful for the promoters to act as provisional com-
mitteemen ; and it was also lawful for the promoters to
allot shares, and receive deposits, and pay the expense
of the formation of the company. There was, however,
no authority by which they could sue any member of the
provisional committee for these expenses.
ATTORNEY-GENERAL—AII person whose names are
registered are taken as promoters. The Court has
lately decided that the members of a provisional com-
mittee are not to be considered as partners in the
concern.

The LORD CHIEN BARON did not think that in the
present case there was anything at all to go to the jury.
In his opinion the case was perfectly clear.
The plaintiff' was accordingly nonsuited.
Leave was then given to the Attorney-General to
move to enter the verdict for the plaintiff, if the Court
should be of opinion there was any evidence to go to the
jury.

WADDY V. DILLON AND OTHERS.

This was also an action in which the question of
provisional liability was raised. The plaintiff was the
Parliamentary agent of the London and Manchester
Direct Railway, and sought to recover a large sum of
money due to him for professional services rendered
during the early stages of the formation of this company.
The defendants, seven or eight in number, were mem-
bers of the managing as well as the provisional com-
mittees of the London and Manchester Direct Railway.
Mr. Montague Chambers and Mr. Bayley appeared
for the plaintiff; the Attorney-General and Mr. noggins
for the defendants.

It appeared that the services rendered by the plaintiff
to the company consisted in part of obtaining the names
of good, influential, and first-rate persons as members of
the provisional and managing committees of the railway
in question.

From the evidence called upon the part of the plain
tiff, it appeared that he had recommended six persons
to be elected as provisional committeemen. The late
secretary of the company, who was called, stated that
the plaintiff had sent in their names, and that some of
them were elected. The application to become members
of the Provisional Committee were so numerous that he
was literally deluged with them, and he considered that
the great object of the applicants was to obtain an allot-
ment of the shares.

The LORD CHIEF BARON—Does the whole of the
plaintiff's claim arise from printing these names? If so,
I think the plaintiff must be nonsuited.
Mr. M. CHAMBERS said that he would call other
witnesses, who would depose to other professional ser-
vices rendered by the plaintiff.
Another witness was accordingly called.
The LORD CHIEF BARON intimated that no further
progress was being made by the evidence of that witness.
Mr. M. CHAMBERS said that he could not go any
further with his case.
The plaintiff was accordingly nonsuited.