The Sun.
London, England, 1848-02-08 00:00:00

CIIUCJE V. CILEWER.

This case also stood on the paper for judgment, but
his Lordship postponed giving it till to-morrow
morning.
The Court then proceeded to hear appeal motions.

VICE-CHANCERY.—(THIS DAY.)
(Before the VICE-CIIANCELLOR of ENGLAND.)
The Vice-Chancellor of England sat to day in his
Court in Lincoln's Inn, it being the first seal after
Hilary Term.
RADCLIFFE r. BOND—JUDGNIENT.

His llonour---gave judgment to-day in this case,
which came before him a short time ago, upon a mo-
tion to dissolve an injunction granted to restrain the
defendant Bond from proceeding to law upon a bill
of exchange for 1,0001., drawn by the plaintiff, and
accepted by a person named Austin, to recover a sum
of 3001., which it was alleged was owing to the de-
fendant Bond. It appeared that the Bill had passed
from Austin to another defendant named Joel, and
by the latter was passed to Bond. The question was
whether the defendant Bond was so well acquainted
with the circumstances under which the bill was
drawn as to disentitle him to recover upon it.
His HoNona, in giving judgment, said that he
had most carefully read over the papers, and after
doing so, he felt bound to say that there was not
any equity confessed upon die answer sued as would,. Il
have enabled him to continue the injunction. e
plaintiff's equity depended upon their being a con-

he note.

Injunction dissolved.

SMITH V. THE EAST INDIA COMPANY.-.TUDGMLNT.

His Horsoun also gave judgment in this case,
which was argued before him during the last term.
The plaintiff instituted the present suit against the
East India Company under the following circum-
stances :—ln the month of July, 1832, the plaintiff
arrived at Madras as commander of the company's
ship London, which was then what is termed a clean
ship, that is, cleared and without any cargo. The
plaintiff proposed to become the purchaser of certain
cotton which had accumulated in the company's
warehouses, and to trade to China (to which country
the company's :ships usually traded) upon his own
account. The company's affairs at Madras were
carried on under the direction of their agents, who
constituted what was called the " Marine Board and
Commercial Committee," and the terms upon which
the commanders of vessels traded for the company
were these :—the tonnage was divided into fire parts,
two-fifths of which were for the benefit of the captain
and the officers of the ship, but 102 tons was what
was called privileged tonnage, and for the captain
alone ; but he had also a right to that portion (three-
fifths) reserved for the company, paying for the same
such freight as the company should require, which
was usually about 21. per tun, and the usual practice
was for the captain to sign a bond to secure the
amount of the cargo and such freight to the company.
The plaintiff having proposed to purchase the cotton
in question by a letter written on the 13th of July,
by Mr. Chamier, the secretary of the Government
Board, to Mr. Underwood, the secretary of the Marine
Board, the plaintiff's'.offer was accepted, on condition
that he should pay such freight, on their permission
to occupy their three-fifths of the vessel, as they
should see fit to demand, for which he would be re-
quired to enter into a sufficient agreement. On the
16th of July this letter was communicated to Captain
Smith by the secretary of the Marine Board, who
stated that the cotton would occupy a part of the
company's three-fifths, and that he would be required
to enter into a sufficient agreement for payment of
such freight as the company ehould think fit. To this
the plaintiff objected, but the cotton was ultimately
placed on board the vessel, on the understanding from
the Marine board that he was not to pay freight for it.
011 the usual bond being tendered to the plaintiff for
his signature, he discovered that he was thereby
bound to pay freight for the cotton, but upon the
assurance of the secretary and officers of the Marine
board, with whom he had a meeting, that such a
clause Wd3 merely a matter of form and would not
be enforced, he signed the bond. The plaintiff pro-
ceeded to Canton and sold the cotton, for which he
refused to pay freight ; upon which the company
proceeded upon the bond, and brought an action to
recover the freight, and the plaintiff then filed
his bill for the purpose of staying those pro-
ceedings. When the case was argued, the
chief question raised was whether the Marine
Board was so authorised by that company to act for
them, so that the letter written by them to the
plaintiff after the bond was executed, and the assur-
ance that he was not to pay freight, were sufficient
to override that of the bond ; and, if not, whether the
plaintiff knew that their authority was limited to
ordinary cases, and that they were not authorised to
act on their own discretion in a case like the present.
It was argued for the plaintiff that he was bound
to act under the Marine board solely, that he
knew no other authority, and therefore the company
were bound by their acts, and an innocent party
ought not to suffer in case of their misconduct.
It was argued for the defendants, that since the letter
written to the plaintiff; acquainting him that he was
to pay freight, no authority had :been given by the
Government Board to alter that stipulation. The
plaintiff was well aware that the Marine Board had
no absolute power to act of themselves, and if there-
fore they exceeded their authority the company were
not bound by their acts. The plaintiff might have a
remedy against them, but he could not, against the
company, claim an exemption from paying freight.
His Honour, in giving judgment, went at consider-
able length into the case, and although he
thought that the East India Company could
not well have dotie otherwise than they had
done, and although . they had acted with great
fairness throughout, and most honourably, yet that
Captain Smith had made out a complete case against
them, and was entitled to the decree he asked, with
costs.

The Court then proceeded to hear motions.

QUEEN'S BENCH.—(THIS DAY.)
(Sittings in I3anco.)
COLLETT V. CURLING.

This case, which has so often been before the
Court, came on to-day on demurrer. It was an
action for use and occupation, by ,the defendant, an
attorney, of chambers at No. 4, Waterloo-place,
Pall-mall. The plaintiff had demurred to the
defendant's pleas.
Mr. ATKINSON appeared in support of the demurrer.
It appeared that the defendant had not delivered his
paper books in proper time, and was not entitled to be
heard.

Mr. Lusa submitted that defendant had delivered
his paper books, and ought to be heard, as he was
ready to deposit the costs occasioned by his neglect.
Lord DZNMAN—This may be so, but it is clear the
books were not deposited in proper time by the
defendant, and the other party was bound to deliver
them for him. We know quite enough of the case of
Collett v. Curling, and we cannot hear you, Mr.
Lush. The proceedings of the defendant are most
vexatious. Judgment must be given for the plaintiff,

COMMON PLEAS.-(THIS DAY.)

ALTON V. RUSSELL.

This action was brought by the assignees of Mr.
Nash, a solicitor, against Mr. Charles Russell, the
Chairman of the Great Western Railway Company,
to recover his costs in conducting certain prosecu-
tions.
Mr. Sergeant Wilkins and Mr. llawkins appeared
for the plaintiff, and Mr. Cockburn, Q.C., and Mr.
Keating, for the company.
Mr. Sergeant WILKiNs said that Mr. Nash was
formerly a clerk in the office of Messrs. Maples, of
the Old Jewry, who were at the time when the occur-
rences, out of which this action arose, took place,
solicitors to the Great Western Railway Company.
In 1845 a great number of very serious robberies
were committed upon the railway, and Mr. Seymour
Clark, the managing superintendent at the Paddington
station, who had received large powers from the
directors for the purpose of detecting the guilty
parties, sent for Mr. Nash in July or August in that
year, and consulted him upon the subject. Mr. Clark
had received a great; number of anonymous letters
from a person who afterwards turned out to be May-
nard, with reference to a case which had been stolen
containing property worth 2,0001., and Mr. Nash
was directed to take steps to find out the author of
the letters, and a carte blanche was given to
him indemnifying him from all expenses that
might be incurred. In the course of the
two days Maynard was arrested, and in consequence
of a statement which he made, Mr. Nash had a per-
son of the name of Waring, and also his wife, taken
into custody and brought to Messrs. Maple and Corn
pany's office. Mr. Nash was very much astonished
on being informed by one of the partners that he was
not to proceed further in the investigation, the di-
rectors having sent instructions to that effect, and the
public would also be astonished when it was stated
that the cause of that determination was that any
further investigation would bring the name of a gen-
tleman, who was a client of one of the directors,
before the public as having compounded a felony, he
having lost property on the railway to the value of
40,0001. Mr. Nash, however, said that the guilty
parties had been brought to light, and that if' they
did not follow up the investigation all further clue
to them would be lost, and in all probability Waring
and his wife would bring an action against him. Mr.
Stevens, one of the firm, stated that he was not to
make himself uneasy about the matter, because if
he did the company would indemnify him. Ac-
cordingly, Waring
.and his wife were dismissed.
The present plaintiff, however, advised him to
go on with his investigation, and, if necessary,
re-arrest Waring, and several letters passed between
them and interviews had on the subject. Mr. Nash
then proceeded, and the consequence was that May-
nard and two other parties were arrested, tried,
convicted, and sent out of the country. Waring sub-
sequently brought an action, but only obtained a
verdict against Mr. Nash for one farthing. Mr. Nash
had expended out of his owrdpocket, in prosecuting
the inquiry, 5001., and the amount he sought to re-
cover was between 6001. and 7001., which the com-
pany had refused to pay.
Mr. Nash was called, and deposed to the facts.
After a consultation between the parties, a verdict
was agreed to for the plaintiff subject to his claim
being revised by a gentleman in the profession, the
company havirg admitted that plaintiff had a claim
against them, but objected to the amount of his, bill
as exorbitant. A verdict was then entered for the
plaintiff.

EXCHEQUER.—(THIS DAY.)
(Sittings at Nisi Prius before the LORD CHIEF BARON
and Common Juries.)
KINDLE V. BIGGS.

The plaintiff in this case was a travelling jeweller,
and the defendant an extensive cow-keeper in the
vcl:lrsrc-road. _

The action was brought to recover conipensation
in consequence
for damages sustained by the plaintiff,

(Sit

angs in Error.)

In consequence of it having been announced that
judgment would be delivered in several important
cases to-day, a considerable number oe the parties
interested in some of the pending causes were present
at the usual time of the assembling of the Court.
Upon their LORDSUIPS taking their seats, they in-
timated that they had not yet come to any decision
in the cases, and the judgments would, therefore, be
postponed until the proper error days after next
term.

SURREY SESSIONS.—(THIS DAY.)
(Before THOMAS PucKLE, Esq., and a full bench of
e r Magistats )
_ _

John Mills was indicted for stealing, at Dork-
ing, a bushel of potatoes, the property of Charles
Barclay, Esq., the brewer.
It appeared that on the morning of the lath ult.
the prisoner was met leaving the prosecutor's pre-
mises, with a sack of potatoes on his back, by May, a
police-constable. Prisoner dropped them, and en-
deavoured to escape, but was taken to the station-
house. His boots were found to correspond with the
footmarks leading from the pits in the garden to the
place where he dropped the potatoes.
The jury found him Guilty, and the Court sen-
tenced him to three months' hard labour at Brixton.

James Smith, 30, was indicted for stealing a
spittoon, the property of Edward 'Wyman.
The prosecutor is a beer-shop keeper in Black-
friars-road, and oa the 13th of January the prisoner
was in the taproom, and left rather it.uddenly ; the
prosecutor instantly► missed one of the spittoons, and
on following the prisoner it was found on him.
Guilty. Sentence—Six months' hard labour at
Guildford House cf Correction.

PARLIAMENTARY BUSINESS.

(From the Votes and Proceedings of the Housc of Commons.)

:MONDAY, FEB. 7.
The following Railway Bilis were ordered to be
brought in:—
Great Western of Bengal Dissolution and Transfer of
Capital to East Indian Railway Company,
South Yorkshire, Doncaster, and Goole Amendment
(Extension to Penistone and Alteration of Dodwortk
Branch).
_ _ _

Edinburgh and Glasgow, 'and Glasgow, Airdrie, and
Monklands Junction (Amendment of Acts).
Leeds and Thirsk (Harrogate and Pateley Branch).
14,.eds and Thirsk (Branch from Melmerby to North-
allerton and Junction with York and Newcastle
Railway).

Drumpellei Railway,
Leeds, Dewsbury, and Manchester (Ossett Branch and
Dewsbury and Morley Stations).
Leeds Central Railway Station.
Glasgow, Paisley, Kilmarnock, and Ayr (Revision of
maximum Tolls and Charges on the Glasgow, Paisley,
Kilmarnock, and Ayr Railways).
North-Western (Diversions at Skipton, Casterton, and
Sedbergh).
York, Newcastle, and Berwick, late York and Newcastle
(Main Line Improvement, &c.)
York, Newcastle, and Berwick (Great North of Eng-
land, Clarence, and Hartlepool Junction Railway, and
Hartlepool Dock and Railway Leasing).
Manchester, Sheffield, and Lincolnshire (Ashton Canal
Purchase). _ _

Manchester, Sheffield, and Lincolnshire (Crossing of
Sheffield-atm t, in Manchester, &c.)
ManchcArr, Bhk,fficid, and Lincolnshire (Junction with
the Midland Railway via Barnsley, and Branches
therefrom).

Manclif:ster end Sheffield and Lincolnshire (Sheffield
Canal Purchase).

Manchester, Sheffield, and Lincolnshire (Station Ap-
proach in Manchester).
Manchester South Junction and Altrincham Railway.
Edinburgh and Glasgow (No. I—Amendment of Acts,
and Branches, Ric.)

Airdrie and Bathgate Junction (Amendment and De-
viation).
Liverpol, Manchester, and Newcastle-upon-Tyne Junc-
tion (Abandonment of the Railway, and Dissolution
of the Company).

THE ARCHBISHOP OF CANTEEBTIRY.—A. bulletin,
of which the following is a copy, was issued this morn-
ing :—`. The Palace, Lambeth, Feb. Bth, 184 S, 9, A.m.—
Ms Grace continues in a very exhausted condition.—
(Signed) Robert Ferguson, M.D., Charles Collarnbell,
Surgeon."
SOUTH AMERICA.—LivEurooL.--By the Hero, ar•
rived at Cove, we havo dates from Rio de Janiero to the
16th of December. Coffee and freights were higher.
Exchange 281 to 284. We have also advices from
Monte Video to the 29th of November, by the Racer,
arrived at Penzance. Rosas had acceded to a request
made by British merchants, and had granted 20 days'
grace to vessels before closing the port of Buenos
Ayres. Exchange unaltered.
THE WaLuar.r.a.— It is gratifying to record the
fact that this unique and classic exhibition continues to
receive the liberal patronage of the public. The im.
personation of " Venus rising from the Sea," " Sappho,"
and " Lady Godiva," by Madame Warton, were grace-
ful and beautiful tableaux. The whole exhibition may
be appropriately termed—living statuary. The per.
formance last night was for the benefit of Mr. Adams,
the treasurer, and the arena was crowded is every part.
Chloroform was successfully exhibited on Satur-
day last by Dr. Colville, to a boy at Mill-bank, Ayton,
who fell from a tree, and landing on his head, got his
tongue nearly cut off by its coming in contact with his
teeth. The boy could not be persuaded to allow the
tongue to be stitched together, but upon administering
chloroform he immediately became insensible, and while
in an unconscious state the operation was performed
aithout the slightest difficulty.
The Earl and Countess of Mint° and Lady Eliza-
both Eliot, according to letters received by the Noble
Lord Privy Seal's family in this country at the end of
last week, intended to leave Rome for this country early
in the ensuing month. Viscount and Viscountess Mel-
gund are staying at his Lordship's mansion in Eaton-
square. _ _

Mr, John Forrest, solicitor and deputy-protbono•
tary of Common Pleas, fpr the Duchy of Lancaster,
committed suicide on Friday last by cutting his throat,
at his residence in Preston. An inquest was held
upon the body, and a verdict of " Temporary insanity"
agreed to.
MILITARY KNIGHT OF WlNDSOR.—Lieutenant and
Adjutant Wightman, of the Royal Artillery Invalid
Battalion, has just been appointed one of the Military
Knights of Windsor, in the room of the late Lieutenant
Seeker, who expired at his residence in the Upper
Foundation about three weeks since. Lieutenant
Wightman, who lost bis right arm at the battle of
Waterloo, was present at various engagements during
the war.

GLASGOW, FEB. 6.—The price of Scotch pig iron
delivered here may be quoted to-day at 495. 6d. per ton
net cash, for 3.5 th No. 1. and 2.5 th No. 8. At the
opening our iron market exhibited symptoms of im-
provement, but towards the close prices have slightly
declined, owing to a considerable increase in the stock
last month, from the falling off of the home consumption
and the exports. To-day No. 1 is offering at 515., and
No. 3at 48s. 6d. cash. Buyers and sellers have come
to terms at is. per ton less than these rates for small
parcels.
The imposing ceremony of laying the foundation
stone of the new docks at Sunderland was performed on
Friday by George Hudson, EN., M.P., in the presence
of a vast concourse of spectators.
A BULL TAKEN BY THE HORNS BY A Yount()
LADY.—On Wednesday afternoon last, as some young
ladies were walking from Pendleton, towards Cross-lane,
a little below Leaf-square, where there is a dead wall,
they met some cattle, without a driver, supposed to have
strayed from the cattle market, then being held in the
neighbourhood. One of the animals, a bull, which was
on the footpath, ran at one of the ladies, but she, with
admirable presence of mind, seized him by the horns,
and was lifted by him five or six feet from th'e ground,
and was (unexpectedly by the lady,but very considerately
by the bull) in this manner lowered again upon her feet.
Her presence of mind still did not forsake her, for, find-.
ing him about to thrust her against the wall, she relin-
quished her hold of his horns, and threw herself upon the
ground, as near to the wall as possible. He then at-
tempted to gore her with his horns, and inflicted a bruise
upon her side. In the meantime some men ran up, and
rescued her from her perilous situation. We are happy
to say that the lady has sustained no serious injury.
Most of our readers, no doubt, whilst admiring the cou-
rage and presence of mind of this young female, will feel
that some party is highly culpable is allowing cattle to
range through a principal thoroughfare, without any
attendant to protect the public from the attacks of ani-
mals, often irritated by being beaten and teased in their
progress to and from the market.—Manchester Guar-
dian.

..-
.
. .
)
8, 1848. / . 4 -
• _
tinual substitution of bills for former bills. It ap- of the waggon of the defendant coming into colli'ion
peared to him that defendant had stated such a case with the chaise of the plaintiff.
upon the answer as would not fix him with the prior Mr. Martin and Mr. Joyce appeared for the plain.
transactions. He must, therefore' although he con- tiff, and Mr. Watson for the defendant.
fessed he did it with some unwillingness, make. the The jury returned a verdict for the plaintiff—
order
absolute for dissolving the injunction, pro- Damages 8/. 15s.
vided, however, the defendant obtained a verdict on
the action. He must take out execution only for the EXCHEQUER CHAMBER.
sum claimed (3000 and not for the whole amount of (THIS DAY.)
, the note.—lniunction dissolved. (Sittings in Error.)