The Sun.
London, England, 1846-06-26 00:00:00

,P0PRT,801..,6X 41. Rr .fune.2A

• _ _ _
(Sitting' at Nisi Pries, at Westmiii4ter. het.. re the CHIEF
BAitoN-snd Sperial

PROVIziIONAI. ONIMITTEEMEN 11,..YNELL v. LEWIS.
Thi, was on th,ion to reenter the ainottitt ut the plant ifl'a
dem -nut in :he •haracter apt :tn ntlee.tisiog agent. Air.
Kiiiiwies, 31r. Cronwt •n. and Mr. WilleA c td he ca e
for the plaintiff; and AI . Jervis. Hitt whom an. ther
'rained gentien,an. at, for the. defendstd.

It.:ppeared rant Ate plairatt-F was a well known adv..r.
tising agent in Clunicety-ia-e, a:af her ,
gent!. men in e lx hart iwetame the in,..ittat for
obtaining the ins,r; ion i=, the differe,a jom,als t.t ad-
vertisements for railwa, c-mpanie-. Amongst the, was the
Centril Kett Railway Company, of a hic;, the delendant
was a• inembet of tin. provi-ional Cot-mit w Lich at the
ct %use of the evidence it was pr -ved be, it tome d in
Sept. mber in the last year, ebb. ugh it had for -ome time
ptevi. uslv n tirgrclett. The so icitors to the conccra
were , Parkes, Smith. ot Bedford
raw, but the •
ffiees of the cen.imny were eventually
opened in a-tate:ion- house-phice. Fr nt the evideoce of a
Mr. Parkes. who had tweti a clerk in tie otlieo f ti,e
soli-
ora. it s.-emM that few days atter itlP. WI,Li (.-,iellt Of
,•• formation of. this tailwa:s, the def talant c...h.d at the
office in liedtoni-row, and stated that he had been elicited
ay a tritmi of the firm t, become a member of the provi
sional comittit.ee of the •4Central Kent R-tilway." The de•
imitant made several incl Aries as to the c•airse 'lle line was.
'II take, the n'lmes of v,e ge,lemets aho vi,re to be placed
aiwn the c'thinit and of those who hao given -to it
.eat then- to ; anti had then stated teat ti •••‘, were
Il most unotb.evi.mable, and thst ti: • &mild be ve-y
.'apiy to be a,sot.i.'td with thew on the commit.-
et.. He fur her, in the course of t':e converse. ion
manifesttd glee intere:a in the coucet n, and Lave it a- his
oiniat that the
battle would be between that and the No: as
Kent. Toe defendant eventually left, handing his ,ard to
tie witness, bearing his name engraver on it. and his de-
,Tifot ion as a director of at-other line. with his two places of
,estdence written underneath. In the first pro.pectwa that'
was printed after this interview an err, r was made in the
.leserip'hot of the delend att. whereupon he called down at
tice 'Thee of the c..nipatiy, and begged that the correetion
aught he made. This alteration was-subsequently carrier;
-tit in accordance with his instructions. The eetentlant
was fr..quertly at the bat there was no evi-
dence to prove the meeting and acting of any com-
mittee. Earls- it, November, when the panic had set in,
.he t:elendant wrote a letter to the editor th-. 2 Times, de-
wani:cing the liberty wick Lad been taken by persons con-
nected with several .411,r companies in placing hi:, name on
their li-t of committees a i.lnatt his consenter pertnis,iou,
tag that be had r iis -tired bat in two instances. of
which o e was "C -otral Ken.," to act upon a co•r...nittev.
On the 13th I tic ..1,.•r cireu.:r (li:4:etched lint
stating t! a tt e managing committee had come to 'he rev-
Intim) f ado ting 150 shares to each co,rni,t,eman, and
expressing a di sire to know what of that '-,:tali--r, or whether
the whole, the defendant would like lo have. The cirento
ass transmitted to the dkleudant on the 15th of Oct, ;), r.
and on the succeeding day he wrote back to the Arect that
he in' etaled to take the 150 shares. Early in N..vember,
however, he again called at the office, alqi inquired \lia
was dit,g, alit in the course of the conference with t lit se-
cretary he expressed it as his opinion that it would lie ut -
wise to allot shares to the public, because, in co,stqa.lice of
the panic, was quite mat:Pest that n • one w-uht take them
up. He tteretore suggested, as a aiser plan of acti n, tt at
there shoa!d not be any allotment.

The ciieubir to the deem-taut as a committeeman, in re-
fer.-tice to ihe 150 shares, and the ans ser of th geiitleman
his intetitii.n to areeo tt.e while rtunitvii, wei.• put,
'in anti read, us well tie r'egf-lered vonsvnt i f thf deP'ilitan
to become a member of the committee.

Mr. Street, of the advertising department of the Time§,
was tht n 'al d he proved the insertion of the ad-
vertisenien,,. in that Vilma', and the pa.% melt 'or iuch in-
sertions wiiliiti two or doer days after their apps a: Mg.
Tne Lillhr BARON aid, tta it it was the course of busi-
ness that rice g egent was liable to the paper
thr,e matters, it did nor signify, ro fir the preset.), c 'use
was concerto it, a t her the vaid Ihl tunnel. or
ref. Ti.- inn, dal•t, I r the vaity fi to wh,,n. he rec. it. d
the orne., was, at ail even- it; ti a' inszai cc, liable t. the
•
Mt Jst:vis I.e...:geit his is rd,lcip ut.k a Li,: e ..f ctie un-
ite i,4%.
The I. II 1 ; tut 1 think i, is perfectly
clear.

Mr. C. Barker, an advertising agent. in Biichin.lane,
proved th-t 10. per ,
cent. %as alow sum to charge a. a c. m-
rris.i,,n for the great trouble ag-nts were put to in these

affairs.

Mr. KNowt,e's then said that h.- had ultne,m.l4 front nearly
every journal in Lontha, and many in the cout:tr3, to [Rove
the inserlion of the different advertisements, unless his
Learned Friend would admit them.
Tllisadmisz.ion having been made,

Mr. JERVIS address. d the jury on b-half of the defendant,
whose case, he submitted. to. oil upon a very dith!rent gr-und
from that upon which all 'Alter railway caws t ha: bait as
been presented bad been hired. In every other instance
prow had been given that the committeeipen had acted upo
the com mi tee; her here there was a total absence of all evi-
.
Aeoce to show that even a single meet tug of the committee had
ever taken place. There was oo pretence fir this ac ion
against the defendant, for the real and iii only I,a, ties (se,.
ing that tittle had never bee,; a [veering held) were the
solicitors, and upon their shoulders alone lie whole of t:ie
liabilities ought to rest. Then, there lint been something
like as in div as twenty-two site ,tot brought (as we netters
st..oil) for the rec:!vt ry ot this ay. ount ; so ir,ao3. i..de..d, a-
that the par. ie., to save trouble, hat had the form if the de
clarations lie apprehenthal, that evi n up to the
present moment, the law as to what woulo or what would
not make a provisional commitLi man liable was parti-
cut irlt de' r. At all event-, he sh old contend that the
ri: lit of action was against the party 1,3. whin, ,hr c.,n:ract
had been made. "['here could be Ito doubt who that party
had been in this. ease. It was not the doe, cla t, because
there had never be n any meeting of the committee, whilst
the solicities hail given all orcers without ai•V resolution of.
the coint»ittee to authorise them to incur art, expenses.
The BAIO.I1r told the jur% that the question
they would ti• st have to cot seder was, whether the &ten-
dan.t 1.) becoming a member of this provision al committee
had thereby ~uthiiiised • it her
e kotic. Ore or the secretary,
ur ks any member t f the commilie id man tip ment.
to t t he was a person who ws
piltp;is!! to the.
reTtlisible ror the necesssry exit, nses of 6irming and c.,rry-
ing out tLe company. If they were of opinion that that
emisent gave all alltll rh,,, they would have
to sas whether the work alleged had been done and per
h,rmeo, and if so, there coo he no di!uht but that the
piandiff was entithd to their verdict. Ile did not consider
that the question as to with whom the contract was
made was the most convenient mode in these cases of leaving
tin- matter to the jury. Certainly it Wits no the most con•
venient in the present case. He %Mild not therefore put
• the quest ,on of coat act, wtnch was a complicated question, to
them. Then at ose the question as to whether a man's name
being in the list of a committee would render him liable. If a
• person gave his consent to his name being so placed, that act
would authiu he;cLtat as a person who, ta:ppld,
re res Vi- hie ff.* the Iia.VITIA i.eceisaiT'i;Xi;eiises:
If that were done. there could he no doubt of the of
the defeod,nt. But of that they must be satisfied upon the
evii'ence. Upon that pond this was the testimony :—On
the 26th of :‘eptemb,r last year the defendant called at the
solicitors, and had, as 11 e witness had proved, consented to
become a member of the provisional comtnittee, and on the
Ist of Oct o:ier that consent was registered iii pursuance of the
like Act of Peril intent, which requirid the registration of all
committees iif anyihiog like a join -ate ck company. In pur-
suance of that atom e the names of the gentlemen consent lug
to become menthe's if the committee of this company hail
been duly registered on the Ist of October. 'Utley would
have to say whetlor the expenses which had bet n incurred
with the plaintiff were reasonable and preper. A provisional
committeeman must know that there were certain expenses
whien must be gone to, and that those expenses must be
paid by some one or other. He must have known that ad-
vertisements wore absolutely necessary to put forth a corn.
fian% bef oe the Public. • Well, ihen hid ht:, by co! sewing
to act as a inemher of this provi-ional commit se, authorise
the solicitors or the secretary of the company to incur these
nee. ssary expenses? The next question which teen arose
was, did the p.anitiff give credit to the company on the faith
of the responsibility of the parties whose names were on the
list of the ? That was for the jury to determine
on the evidence. It had been stated that there had been a
large number of act inns brought for the recovery of this
claim. It that were so, it was highly improper, and he was
tint sure that the Court did not p ssess the power to prevent
such a practice, if it could he proved that the object had been
to create hills iit costs.
- -

THE FOUNTAINS IN TRAFALGAR SQUARE.—The
fountains in Trafalgar-square, after a cessation of a few days, re-
commenced playing on Monday wth increased vigour, some altera-
Von having been effected tor the purpose of giving a greater supply
of water, and th retore of throwing up a higher jet. This has been a
decided improvement, and ie might be still further Wet ded with
great advantage, as the water power at command, from the great
altitude of the reservoir. is ruflicient to throw up a jet five tines
higher than at present. Were ti ejet only twice as high. the foul.-
tains would have a much better effect, and as the means of producing
this greater elevation are at command, it seems unaccountable why
they are not rendered available. If the waste of water be a consi-
deration, it would be better to diminish the diameter 0: the jc•t-pipe
and to have the same quantity of water thrown up higher Irom a
smaller jet.
collect leeittt)e.rtshoi:t
pleased thatce theto tp';aecatiteveatn.t.Latextioiln
The •• early d-liv...rv"..i 1. t'er4 wlielt has sit 1,,n,4 he Il
adasyu.biteoctthoef cstran,pl, alsnattinm,aPeotsut:,nofti..tee
tpirieacti:c:b,liteeTmmihnoaLedeounn,Me'nei!erl;
conot-
ing.h•~nsc•s there are always' tghae
po•~man
nut they are not equ.lb
was omen*,
practice
of an extra penny has terminated likew.se.
was to3t COIIIIIIOII, and indeed in thr conot-
-o,..t.finiee chic. xis or p,,rters enough to carry letters
man round with a bell to
ft,
aiierfrnoi,nttltewrnestwdehner. of
ett haonte,s
tiankt,,h,ge
abi:lhplpers to the
ontskii is. or at a short dt
a letter a street or two off are not so co town•
und
b
n .-,tinday siterno,
accom-
modation of the post.bitg and bell was Pletetio at heuetelL the while w
have not heard of any inconvenience that It toned at.
w----
--
A WCIOUEN ~' 'UT ON FIRE.--()
last, the wood spouting to thy stables and other out offices, beton:
lug to Mr. Thomas Gibtions, of. Wolverhampton, was ign led by the.
sun, and haul it not beet. for a timely oiscovery, the consequences in
all probability, would have been of a serious character.—Wolver.
Amongst these
hampton Chronicle.
FOREIGN FooD.—On Wednesday there was a .stile in
Monument-yard of a variety of articles of food which have onlviont
choicest Preserves of the
hundred aorta and preparations of meat, veretabie•, ens
vr,e4ent6lyewtbeenutinettirno,deuuectradteindtogrtahve3
souLonpdoAmmakskettrs.alia,
upwards (I a
fruit from
I,lcE IN LICITIt ROADS..--On
MFLANTCH°LY ( )CCl:itliE id
Sunday morning early.
C4sTUEastnanaud
was atiftutthegotn brig
.-
a very distressing
_tine e,ltichrened in the
Leith Roads, a short distance from Dun Dar, ,
inlv esSpta
rinne,iea,,largwitet gituaanntioeityl:a4.th,
o. flYthe crew of Persons
to
saveer and ( Before Mr. Under-Sh. riff BURCIIELL.)
Bernard Castle, which was Icing off the SHERIFFS' COURT, June 25
the q lee- uart e
alongside the brtg, when it got Under Le
lost their lives. A boat, containing three
the
upset. The captain immediately made every a
town.
The ts at speeddy went Flttitsa V. A5lOB.
men, rut the exertions were ,f no avail. Thi., was an •
ntleavourq
lati Weatkvr at the action to recover damages fur false impri-
down, carrying the taw owl* irtalallil with It• T lionment.
Saw Wile itte• 144
"2" 84" Ai 6 Alai WkOli 110 OW to

Th,- jury, attar a frw minutes' c multation, returned a
Danutg..s. 578/. 4s.
ve:diet f,r the

Jrate 5
Sittings at Nisi Prius.
(Before the 1.(1111) CIIILF BA R. ,N and Middlesex Special
Jur e ).
GAttwoot, C. MOORS.

This wa.4 an action to ret.Over the SeTin of 1051 under the
foloain,. circuni,tances:—The plaintiff had been allot e(1 50
shares in the Great Manchester, itogh, and 8 nutharnpri
.
Cu' nipany, on each of which he had paid the requi-
site deposit of two guineas. It was set forth in the pros-
pectus I.f. the compauv, that the capital with which the scheme
was to be carried out was 300,000 guineas. Instead
however, of that Puna being realised, the amount of the sub
scriptions did not exceed 10,000. When all hope seemed to
be given up bi the company of getting the two guineas
depo,it on each share, they tasked to ask for
10s. only in tie first instance, and to " call " for the
remaining 325. at a sub-equent period. the p'aintif, how-
ever, had paid the entire 3..rtniunt a his two-guir•ea deposits,
and afterwards found himself in a worse condition thin ether
subscri')ers, who, by a resolution of the company, were
exoner4teil from liabilities on payment of 2s. only per shale.
He afterwards failed in obtaining back his deposit-money,
and, con-equentiv, brunet the p,e.ent action.
Tin LORD CtilliF RAtton told the jury tin y would hsve to
allotminetobte,jarioaddtgontlheentprecbeettmoef tithe dim.it money, the plain-
say whe, her, I,...kitig to the pros ectus, to the letter of
partner in the uodurtatking,
or
.whefter he ettgagal to pay the preinsinary sx.Pensese
rheittry found their verdict tor the plaintiff—Damages,
105 t.