The Sun.
London, England, 1848-05-08 00:00:00

ROWLEY V. ADAMS.

Their Lordships were occupied the whole morning
with the arguments in this case, which came before their
Lordships upon appeal from the judgment of the Master
of the Rolls, before whom it was argued for several days.
The case appeared likely to occupy their Lordships for
some time, and we refrain from entering further into it
till the arguments are in a more advanced stage.

VICE-CHANCERY.-(THIS DAY.)
(Before the Viee.Chancellor luviclT BRUCE.)
Ilia Honour did not sit this morning till eleven

o'clock .

SKINNER V. M`DOUALL•-JUDGMENT.
His HoNouß gave judgment this morning in this case,
decreeing the specific performance of an agreement, and
deciding that the defendant was not entitled to the benefit
of the Statute of Frauds.
THE CORPORATION OF ROCHESTER V. LEE.-JUDGMENT.
His HoNoun also gave judgment in this case, which
was argued before him a few days since upon a motion
for a new trial. Upon the cause coming on for hearing,
the Court directed an issue to try whether the mayoi
and corporation of Rochester were the owners
of the port of Rochester, and as such law-
fully entitled to the toll of 3d., and the half of a
farthing upon every ton weight of coal coming Into that
port. The case was tried a short time since before the
Lord Chief Baron, and the jury upon that occasion found
a verdict for the defendant, and that the Corporation
were not the owners of the port of the city of Rochester,
and not being such, were not lawfully entitled to the
toll. His Honour, after shortly going through the case,
refused the motion for a new trial, directing the COSLS of
the defendant to be costs in the cause.
Motion fora new trial refused with costs.

The Vice-Chancellor Wigram did not sit to-day, and
nothing of any interest took place in the Rolls' Court.

QUEEN'S BENCH.-(THIS DAY.)

MILTON. V. LORD GRANVILLE.

This was an action brought Liyiliet;intiff, the pro-
prietor of houses at Antar-under-Lyme, to recover
compensation for injury which his property had sus-
tained, by reason of the negligent and improper manner
in which the defendant worked a mine below it, as the
foundations sunk and the walls crumbled. It is
a remarkable fact, that since the proceed-
ings were begun, now some years ago,
both litigants have died, and the controversy is carried
on with increased vigour by their descendants. The
question at issue is one of considerable importance to
owners of mines and houses in the mining districts,
as it is contended on the part of the defendant that
custom, " from time immemorial," is opposed to the
principle sought to be established by the plaintiff, that
the owners of houses and land are entitled to com-
pensation from the owners of mines below
them, if they are injured by their excavations.
The trial was one at bar, and after occupying
three days the jury returned a verdict substan-
tially to this effect :--That the plaintiff was
entitled
to compensation by reason of the injury he had sustained,
but that the defendant was entitled to work his mine,
and further, that it was the custom to
give compensa-
tion. Subsequently the Attorney-General obtained a
rule calling upon the plaintiff to show cause why the
verdict on the first and second issues (these with re-
ference to compensation) should not be entered for the
defendant.
Mr. Sergeant TALFOURD (with whom were Sir
Fitzroy Kelly, Mr. Godson, and other learned gentle-
men) appeared to show cause against the rule; whilst
the Attorney-General, Sir Fred. Frederick Thesiger, and Mr.
Peacock appeared in support ofit.
Mr. Sergeant TALFoIIRD and Sir /ITZRoY KELL r
were heard during the morning in support of the legality
of the verdict, and against the rule.
The case is likely to occupy two or three days.

MADEMOISELLE PALMIRA ANATO'S BENEFIT.—
The benefit of this graceful Terpsichorean artiste,
Mademoiselle Palfaira Anato, the Taglioni of eques-
trians, whose classical poses on the horse at full speed
have excited the wonder. and admiration of every lover
of art in the metropolp, takes place to-morrow at the
Cirque National Olympique, at Drury-lane. There can-
not be a doubt but that the house will be crowded by
amateur" on the occasion

NATIONAL ASSEMBLY.,
(THIS DAY.)
It was resolved this morning, on the 2notion of Mr.
Adams, " That a committee should be I,ppi,inted to draw --
up an address to all sections of Reformers, to.ask them
what their intentions really were with respect to an ex.: —.-‘
tension of the suffrage, and other reforms, embiliceirtat le :4
• ••
t, the Charter."

Mr. BASSET proposed thitt a deptitation should be ap-

pointed to waitupCin Mr. Feargus O'Conner to request
him to bring before the Legislature at the earliest pos-
sible moment, a Bill embodying the principles of the
People's Charter.
After a good deal of discussion the motion was agreed
to, and a deputt‘tion named. In the course of the. three-
sion Mr. Brooks ridiculed the idea propoundeirliysome
delegates, that the people would rise simultaaeously in
favour of the Assembly in the event of utiy , Member of
it being imprisoned or otherwise iutediredl'ivith by the
Government.
Mr. CocuttaNE propo,:ed that meetings:: slniuld be held
throughout the country, at which petittors should be
agreed to and signed by the chairman on ,behalf of the
meeting, and presented to the House of Con mons by the
Members of Parliament for the different lee. dities.
Mr. VERNoN moved the previous question, which was
carried by a large tusjority.
The Assembly have therefore resolved not ;to petition
Parliament again.

PLAN OF ORGANIZATION.
Dr. lof'Doula.i. brought up the report which lead been
drawn up by the committee appointed to consider the
beet plan of organizing the movement. The following
are the principal Leads of it:—

" NAiE.—National Chartist Association of Great
Britain and Ireland.
" OBJECT.—TO obtain the enactment of the People's
Charter.

" DIVISION OF COUNTRY.—To consist of districts,
localities, wards, and sections. Each district to by di-
vided into localities, each locality into wards, and each
ward into sections. Each ward to consist of 100 mem-
bers, and each section of 10 members. _

" CONDITION OF ME➢zßEasßlP.—Acquiescing in the
objects, and being enrolled in the books of the associa.
Lion.

" OFFICER'S.—A general executive of five members to
be elected by the Assembly, and ten commissioners to be
similarly elected. District and local officers to be elected
by the localities. General financial secretaries to be
appointed by the executive. A treasurer to be similarly
appointed.
" SALARIES OF OFFlCERB.—Executive 1/. a week;
second class fare, and 2s. 6d. a day when travelling.
Executive to superintend the movement when the As-
sembly adjourns, and to be empowered to call the
Assembly together when it shall seem. to them fit.
" FUND.—General fund 10,0001., and local funds to be
raised.

" OFFICE.—A metropolitan office to be taken for the
Executive." _ _

A long discussion ensued upon the qualification which
should be necessary to constitute a member, but the
Assembly adjourned, before coming to any resolution,
until the aitertioon.

CAPE OF GOOD HOPE.
We have received files of papers from the Cape of
Good Hope to the 6th of March.
All was quiet. A subscription was on foot for
erecting an equestrian statue in hanour of Sir Harry
Smith, on the Grand Parade of Cape Town.

that the meeting, in. every
respect, came up to, in fact
We have already shown
exceeded, the most sroguine
SPORTING INTELLIGENCE.
LIGENCEa
This result is mainly
expectations of its promoters.
caht tarriabeuttearb l eo f to e i
eMr
kr .
oEf. W
the. Te
oo
op
rlisaem, ,
hwa he od ,i e ianp
phei it!,
andtriple
starter, has shown zeal and ability of the highest order;
it is, thrretore, with much pleasure that we bubjoin the
following well-merited eulogium on his services:—
CHESTER SPRING MEETING, 1848.
" The undersigned stewards cannot permit this meet-
ing to close without expressing their strong opinion in
favour of the admirable management of Mr. E. W.
Topham, the clerk of the course, and that he is entitled,
not only to their commendation, but also the gratitude
of the citizens of Chester, and of all who take an inter
rest in Chester races.

(Signed)

"E. M. LL. MOSTYN.
" " Grand Stand, May 5,1848." J. MEIKLAM.
The stewards elect are the Earl of Strathmore, G.
Payne, Esq., and J. Meiklam, Esq.
The Hon. E. M. Ll. Mostyn's horses will in future be
:rained by Wadlow.
SALE OF BLOOD STOCK AT CHESTER, BY
_ _

MESSRS. TATTERSALL AND SON..
The property of the late Mr. A. W. Hill, without
any engagements.—Burlesque, 5 yrs, 300 gs.; Volley,
3 yrs, 290 gs.; Epidarius, 2 yrs, 50 gs.; Arena, 2 yre,
13 gs.; Area, yearling, 19 gs.; Fairy Ring, yearling,
10 gs.; Twilight, covered by Sweetmeat, 30 ga.; Queen
of the Fairies, 5 3 rs, in foal to Libel, 17 gs.
The property of the Hon. E. M. Ll. Mostyn.—The
Swallow, 4 yrs, 460 gs.; b c by Colwick, out 01 Princess
Alice, 2 yrs, 51 gs.; bay yearling filly, by Auckland, out
of ditto, 21 4N.; b c by Sir Francis, out of Mopsy, 3 yrs,
17 gs.; ch t yearling, by General Pollock, out.ot sister
to Pu,., 95 g!,.
Lie property of M. Neilson.--Lantern, 95 ga.; Nigger
81 gs.; Rusblight, 77 g.. t.

I hat MAJESTY'S Tin.:Al Her Royal High-
,VbYi the Ikelit:Sti I.oti,,urtA the perionn move at
her Athje4ty.. Theatre t.n :511tuttl,y evciting with her
pre.une, ller Royal Ilighnus,'s suite included the

Barone:,s tie Spetti,- Ludy Augusta Bruce, Lady Mary
Howard, Lady Funny Roam d, and Lord :lames Mut..
ray. ller Majesty the Qu.en Dowager's box was
occupied by the Marquis anti Marchione.,B c,t Worcebter,
Lady Blanche Souteiset, Lady Geraldine Somerset, the
Hon. Henry Cutz ;n, aid Mr. and Lady Rote Lovell.
future were also present his Royal Highness Prince
Leopold of Syracuse, his Grace the Duke of Wellington,
the Prince and Pi incess Kutchuby, the Prince Louis
Napoleon, Luke and Duchess of Beaufort, the Duchess
of Leeds and Miss Lane Fox, the Duke and Duchess of
Cleveitind, the Marquis and Marchioness of Alesbury, the
Ma.rquis of Huntly, the Marquis and Marchioness of
Sligo, and the Ladies Brown; the Marquis of Clanri-
eerily, the Baroness de Brunnow, and Mdlle. Olga
de Learner ; his Excellency the Swedish Minister
and Baroness Rehausen, his Excellency the
Hanoverian Minister, the Baron and Baroness
Duchatel; the Countess of Cardigan, ,the Countess
of Taukerville; the Earl and Countess of Clare, the
Earl of Munster, the Earl of Fahnouth, the Earl of
Wilton, the Earl of Grauville, the Earl of Exmouth,
the Countess of Carlisle, the Countess of Lichfield,
Viscount Anson, Count de Barite, M. de Berg, M. C.
Koudriaffsky, Count de Moron, Lord Gardiner, Lord
Sandys, Lord W. Lennox, Lord A. Fitzclarence, Lord
Elphinstonc, Lady Somerset, Lord and Lady March,
Lord and Lady Foley, Lady Seymour, Lady Charles
Wellesley, Lady de Clifford, Lord Rendlesbam and the
Misses Duff, Lady Foulis, Lady Thorold, the Hon. Miss
de Clifford, the Hon. Mr. de Clifford, General the Hon.
H. Cavenish, Sir J. Thorold, Sir J. Eccleston, Hon. Mr.
Pierpont, Hon. Mr. Neslie, Hon. Mrs. Norton, Sir W.
Clay, Sir J. Bailey, Bart, Major-General Sir Alexander
Woodford, Bart., Sir G. Wombell, Bart., Sir T. Gage,
Bart., Colonel Wildman, Captain Seymour Sadler, Mr.
Broadley, 51. P., and Mrs. Broadley, Mr. 0. Morgan,
Mr., Mrs., and Miss Raiford, Mrs. and the Misses W.
Williams, Mr., Mrs., and Miss Ewen, Mr. C. Barry
Baldwin, M.P., Mr. and Mrs. Phillips, Mr. and Mrs.
Tudor, Mr. Stewart, M.P., Mr. Norman Macdonald,
Mr. Hubert de Burgh, and Mr. Singleton.
ARTISTS' GENERAL BENEVOLENT INSTITUTION.—
On Saturday event, g the usual annual dinner of this
institution was held at the Freemasons' Tavern, where
about 120 guests sat down to an entertainment furnished
in excellent st! le by the proprietors of the tavern. The
Marquis of Northampton presided, supported by Sir C.
Ross, R.A. ; Mr. Stansfield, R.A. ; Mr. Roberts, R.A.;
and many other gentlemen distinguished as artists, or as
lovers of art. The Noble Chairman, in proposing the
different toasts of the evening, spoke with much vivacity
and humour. Subscriptions were announced by the
secretary to the amount of 450/. It is necessary to dis-
tinguish between this society, founded in 1814. and the
Artists' Benevolent Fund, established in 1810., -The
latter is exclusively appropriated to the relief of the
widows and orphans of a body of artists associated for
the laudable purpose of mutually assisting each other
during the pressure of sickness or the infirmities of old
age. It does not afford relief to any artist, however
great his merit or unfortunate his circumstances, nor to
the widows or families of any, who were not members
The former extends relief to all distressed meritorious
artists, whether subscribers to its funds or not, " whose
works are known and esteemed by the public," as well
as to their widows and orphans. Merit and distress
thus constitute in this useful charity the only-claims on
its resources ; and, as it has now been incorporated by
Royal charter, we trust that it may soon be enabled by
public liberality to exercise in their fullest extent the
benevolent objects for which it was established. Mr.
Harker was the toastmaster.
irdt on the tbodSTy.
rATtirs._Eosur
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ur or
dies
ya
as inD
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uo
es
ss t ra s Lhei
aho Mr.lnth ordereNa to tional School, Church Entry,
em
roast
coffee an oven. had
been erected, which contained a silver cylinder, and
which was acted upon by steam, the oven being heated
to the temperature of about 500 degrees. There had
ale eakr at
been an issue of steam on the morning of the accident.
S
but it was stopped by a punch. In the afternoon there
was another issue, which alarmed the bystanders, and
in a few seconds the oven burst, breaking several iron
bars, and knocking off a large portion of the roof of
the building, besides killing the deceased on the spot and
injuring two other persons. The room in which the
apparatus was erected was instantly filled with steam,
In less than two minutes the body of Mr. Dakin
seen stretched on the floor; and, on examination, it W.aa

found that the vital spark had fled. The Coroner said
it was clear they could not come to a conclusion that
Light. It was necessary that the quality of the iron
should be tested by a competent individual, and for that
purpose the inquiry was adjourned.
The British and North American Royal Mail
steion•ship Caledonia, Captain Leitch, sailed from
Liverpool, for Boston, via Halifax, at noon, on Saturday
last. She had her usual Lumber of passengers, and the
weekly mails for Canada and the United States.
Sir Denis Le Marchant, Bart., now Under Secre.
tary of :State for the Home Department, succeeds Mr.
J. Shaw Lefevre as Principal Secretary to the Board of
Trade. Mr. George Corawall Lewis, M.P., now one of
the Secretaries to the Board of Control, will be the new
Under Secretary of State, in place of Sir Denis Le
Marchant. Mr. James Wilson, M.P. for Westbury, will
succeed Mr. Cornwall Lewis as one of the Secretaries t
the Board of Coatra—Observer