The Sun.
London, England, 1848-12-21 00:00:00

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Dec. 20.
(Sittings at Nisi Print, in London, before the LORD CHOP
BARON and Special Juries.)

GUMMY V. LO&D INGSBTRE.
Mr. Unthank and Mr. Brown appeared for the plain-
tiff; and Mr. Chambers and Mr. Bramwell for the de-
fendant.
This was an motion to recover back the sum of 1901.,
as portion of the deposit paid by the plaintiff on 100
shares in the Marseilles and London Railway, and Dock
Company, to which the plaintiff was entitled, according
to the prospectus of the company. It appeared that the
plaintiff had paid the company 2L upon each share, and
the prospectus held forth that every shareholder should
have back the amount of his deposits, less 2s. per share,
in the event of the project not receiving the sanction of
the French Chambers, which ultimately turned out to
be the case. The present action was now brought to
enforce the observance of the promise contained in the
prospectus, the defendant being sued as a member of the
provisional committee, on the authority of the well-
known case of Walstab e. Spottiswoode. The plaintiff,
however, failed to prove that the defendant was a member
of the company prior to the 11th of March, 1846, when
the shares in question were allotted, and was conse-
quently obliged to submit to a nonsuit, in which the case
terminated.

•ILLARD (HICECUTRIX) v. THE LANCASHIRB AND YORX.

SHIRE RAILWAY COMPANY.

This action was brought under the provisions of the
Deaths by Accident Compensation Act, to recover
;against the Lancashire and Yorkshire Railway Company
compensation for the loss sustained by the plaintiff, in
consequence of the death of her husband in an accident
upon the defendants' line, which she alleged to have oc-
stirred through the negligence of their servants. She
tiled as euecutrix of her husband, and the defendants
pleaded generally not guilty.
Sir Frederick Thesiger, Mr. Cockburn, and Mr. Un-
thank were counsel for the plaintiff; and Mr. Montagu
Ckambers and Mr. Sergeant Wilkins for the defendants.
It appeared that the deceased, who, at the time the
accident ()warred, was only twenty-seven years old, and
had not long been married to the plaintiff, held the
o_
situation of inspector of instruments in the ohc _om_t
the Manchester and Leeds Electric Telegrap
pony. Shortly before the accident he had gone to
live at Wakefield, and on the 11th of September in
last year he went to Manchester, from which place
he was returning when the unfortunate accident oc-
curred in respect of which the action was brought.
travelled in the last carriage of the express train, which
left Manchester at one o'clock that afternoon. Mr.
Weston, the Surveyor-General of Customs, Captain
Ellis, and his Secretary, Mr. Nixon, were riding in the
same carriage. When the train reached the Ludden-
bush station, the oscillation of this carriage increased to
a great extent, and two miles beyond that place it came
off the rails. It was then dragged through a tunnel on
the common road to the Swinley-bridge Station, on
passing through which it was dashed against the down
platform, which carried off the hind-wheel ; and about
forty yards further on it plunged into an ash-pit, when
the others flew off. It was then discovered that Mr.
Weston was thrown out, and killed on the spot ; that
the deceased was dying ; and Me. Moon insensible.
Under these circumstances the present action was
brought, the circumstances of negligence charged against
the defentinnts being various; the principal being that
the permanent way was too slight, and improperly main-
tained ; that the ash-pit ought not to have been upon
the main line at an intermediate station ; that the
guards were inside the carriage to shi, Id themselves from
storm, which was just then at its height ; and that the
last carriage was not such a one as the regulations of
the compa-y prescribed. On the part of the defendants
it was contended that the accident was unavoidable, and
attributable solely to a broken rail upon the line ; that
every precaution had been taken for safety; and that the
guards themselves, and the engine-drivers and stole: rs,
had stopped the train.
The LORD Carey B.&now, at an early period in the
course of the plaintiff's case, ruled that the intention of
the Act was only to award compensation for absolute
pecuniary loss, in contradistinction to what might be
termed " fanciful damage," which it meant to exclude,
such, for instance, as injured feelingl, lost society, or
in short, anything other than absolute pecuniary loss.
Mr. Baron Parke had ruled the same way on a pre-
vious occasion, and the defendants now contended that
damage:, supposing the company liable from negligence,
were reduced to a mere matter of calculation of the plain-
tiff's share of the deceased's probable earnings during his

The LORD CHIEF BARON adjourned the court at half-
past five o'clock, when the defendant's case had only b3en
part heard.

INSOLVENT DEBTORS' COURT, Dec. 20.
(Before Mr. Commissioner LAW.)
IN RE JOHN BAKER.

The insolvent, an officer to thQ sheriffs of Middlesex,
applied to ha discharged.
Mr. Snnw apneared to oppose, on the part of the
Duke of Brunswick, and Mr. Cooke supported the ap-
plicstion.

The case was before the Court on a former occasion,
and repor:efl in our columns. Thu insolvent had ap-
plied to be discharged on sureties, and the Duke of
Brunsziok opposed, on the ground that he was indebted
to him in the sum of 1021.-403. (Images, and 100/.
costs, in an action of slander, on schich opposition the
application was r4used. An objection was now taken to
the opposition, on the plea that notice had not been
given in the proper manner.
Mr. Suomi' admitted that notice had not been given,
and asked whethar ha was precluded from opposing.
He appeared for the Duke of Brunswick, to oppose for
the damages in an action of slander.

Mr. Coome objectel to his Learned Friend saying a
word. According to the practice of the Court, there
Gould be no opposition allowed.
His HoNova said he had no authority to hear the
opposition. De had refused to discharge on sureties,
according to the practice of the Court, and he must, ac-
cording to the established practice, decline to hear the
oppoaiiion. The omission was no doubt to be accounted
for by the circumstance that opposition was made on the
former occasion but as there was no rule to the effect
that opposition then made was notice for the hearing,
the Duke of Brunswick could not oppose.
The case was ultimately adjourned for better ac-
counts.

ASSIZE INTELLIGENCE.
NORTHERN CIRCUIT.—Yerh,Dec. 19.
(Be'ore Mr. Justice MAULE.)
Henry Hunt, Isaac Jefferson, William Angus, Na-
thaniel Frith, David Lightowler, Joshua Waddington,
William Gurney, and George Hirst, were severally
found guilty on charges of attending unlawful meetings,
drilling, and training, in various parts of the county.
Hunt, Angus, Jefferson, Lightowler, and Frith were
then placed at the bar for judgment.
Mr. Justice ALkuLE, addressing them, said—With
regard to your plea of ignorance, although you may
have been ignorant of the Act of Parliament on which
the indictment is framed, and that would have excused
you to a considerable extent had the object of such
drilling been harmless; yet we cannot shut our eyes to
the fact of the object being to prepare yourselves to
effect by physical, what you had failed to effect by
moral force. Tn that you have, it was true, failed, and
I hope you will continue to fail in such objects, for it
would be far better to live under a despotism than to
hold life and property by the uncertain tenure which
would result from the accomplishment of your objects,
I believe the great majority in this country wish to live
in peace, and that they will be able to keep down, by
force if necessary, those who entertain vague notions of
bettering their conditions by means they hardly them-
selves know what. I hope, however, a better spirit now
prevails; but I cannot forget that your drilling was for
a very mischievous object, and I must treat your offences
severely. I have taken into consideration that you have
already been imprisoned some of you a long time, and
have regulated your sentences with reference to it. His
Lordship then sentenced Hunt to be imprisoned eight
calendar months, Angus ten calendar months, Jefferson
four calendar months, Lightowler nine calendar months,
and Frith eleven calendar months.

George Webber, aged 26, stated to be inaperfect. in
education, pleaded guilty to an indictment for sedition,
_
coraleiSed at North Bierley, in the West Riding, on the
15th of July.
It appeared from the statement made by Mr. Phipps,
that there was a great gathering of the Chartists on
that day, and the prisoner, who was said to -be a very
eloquent man, which was fully horns out by the parts
of his speech read by Mr. Phipps, made a very violent
and exciting speech. He assured his hearers of the
wonderful events cowing, and he hoped to see an as-
sembly of 500,000 men with pikes, and promised them
that Lancashire and Yorkshire should be a republic.
As he had been four months in prison, his LORDSHIP
sentenced him to be further imprisoned four calendar
months.

LIVERPOOL WINTER ASSIZES.
At the sitting of the Court yesterday morniag, Ja
seph Darker, who was found guilty of sedition and blas.
phemy, was brought up, and: after some very forciful
and pointed remarks from his Lordship, showing the
enormity of the offence of which he was convicted, his
Lordship remarked—lt is my duty to endeavour, by a
penal example, to impress upon all those who, by listen-
ing to you, may have a tendency to follow your ex-
ample, that they will by so doing reap to themselves
more misery and distress. The practical administra-
tion of the law limits the sentence which I am en-
abled to pass in your case to two years' imprison-
ment; that at
the end of that time you find security
in two sureties in 201, and yourself in 100/, for
your good behaviour for a further space of two
years ; and that you be imprisoned until you find
each, securities. After the above sentence had
been pronounc-d the trial of the Manchester
Chartists was proceeded with, and about ono o'clock the
jury came into court, finding the prisoners Grocoat, Han-
kin, Donovan, Leech, Nixon, and Cropper Guilty of
conspiracy at Manchester; and the prisoners West and
White Guilty of attending unlawful meetings. His
Lordship shortly after addressing
, the prisoners sentenced
Grocoat, Rankin, Donovan, NN est, White, and Cropper
and at the expiration of
to twelve months' imprisonment,
that time to enter into recognizancTs for two years,
themselves in 1001. each, and two sureti-s in 251. each;
Leech to nine months, with similar recognizinces;
Chadwick and APDonough, who had pleaded guilty, to
six months' imprisonment, and to ent:er into recogni-
aaaces for two years in the sum of 5001 ; and Nixon to
four, months' imprisonment and similar recognizaaces.
The proceedings in one of the courts having. terminated,
Baron Alderson and the Attorney-General returned to
town.

,-._!-_,
, itrn that the young man Hugh
C agn._..thlitik..w. s sayeiely injured by the fall of a parapet
, . . itilare.:_of iFiriday night, has sinco expired,
40 -la liiitlitdiy, mornlng.--:Glasgow Paper.
T:.
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