The Sun.
London, England, 1848-02-01 00:00:00

ATTORNEYS NOT AMFsNABLE TO
COUNTY COURTS.

IMPORTANT DECISION OF LORD DENNI AN.

A case of very considerable importance, involving
the potter of the county courts to claim any jurisdic-
tion over the persons of attorneys, has just been de-
cided by Lord Denman, in a case in which Mr.
Thomas Jepson Wagner, an attorney at Banbury, had
been sued in the county court of that town, and in
default of complying with the judge's order an attach-
ment had been issued out against him. Mr. Wagner
laid the particulars of the case before the Lord Chief
Justice of the Queen's Bench, who immediately issued
the following warrant, directed to the Judge of the
Banbury County Court, which has entirely settled any
diffzrence of opinion which might have existed as to
the power of therourt in this respect :
" Victoria, by the Grace of God of the United
Kingdom of Great Britain and Ireland Queen, De-
fender of the Faith. To the Judge of our County
Court of Oxfordshire, holden at Banbury, greeting :
Whereas, according to the custom of our court before
us at Westminster, hitherto used and approved of in
the same, the attorneys of our said court, whilst they
are prosecuting or defending suits and actions therein
for their clients, ought not, nor have they from time
immemorial been used to be compelled to answer be•
fore any of our justices or officers, or any other
secular judges whatsoever, upon any plea, plaint,
or demand which do not particularly belong to us
(pleas of freehold, felonies, and appeals excepted)
save only before us by writ of summons in our
said court. And whereas we have received, by
the complaint of Thomas Jepson Wagner, gen•
tleman, one of the attorneys of our said court before
us, that several evil disposed persons intending to
disqualify the said Thomas Jepson Wagner, have
issued forth and prosecuted out of our said county
court of Oxfordshire, holden at Bxiibury, one or more
plaint or plaints returnable before you in the said
court against Thomas Jepson Wagner, and therein to
arrest and detain him thereupon in suits which do
not relate to us, or to freehold, felonies, or appeals,
whereby the said Thomas Jepson Wagner is unable
to attend his said affairs as an attorney upon several
affairs and suits depending in our court before us,
which, if it he permitted, will manifestly take away,
and be not only in derogation and diminutory of the
jurisdiction of our said court and the liberty and
privileges thereof, hut will also be of great detriment
to the said Thomas Jepson Wagner and his clients ;
and because we are willing that the jurisdiction, pri-
vileges, and customs for so long time used and ap-
proved in our court before us should be inviolably
kept and observed, therefore we command you that
you desist from taking the said Thomas Jepson
Wagner into your custody upon any such plaint or
plaints; and if the said Thomas Jepson Wagner be
detained in your custody upon any such plaint or
plaints, other than as particularly concerns us (pleas
of freehold, felonies, or appeals only excepted), that
then you discharge the said Thomas Jepson Wagner
out of your custody, and suffer him to go at large, as
you will answer the contrary at your peril ; and that
you inform the party or parties, plaintiff or plaintiffs,
in the plaint or plaints, that he or she may prosecute
his or their action or actions, suit or suits, in our
court, by writ of summons against the said Thomas
Jepson \Vaguer, if he, she, or they shall think it ex-
pedient to do so.
" Witness—Tnomas LORD DENMAN, at West-
minster, this 26th day of January, in the year
of our Lord 1848."

The SECRETARY (J. Smithett, Esq.) read the re-
port, which stated that since,the Slat of December the
arrears of calls had been reduced to the sum of 87,900/.
The directors went on to say—
" From the secretary's circular of the 27th of
November last, it will be seen that the board has
considered it expedient to modify the arrangement
previously acted upon in paring interest on calls—a
modificntion which is authorised by the provisions of
the company's Acts of Parliament, and founded, as
the directors believe, upon just principles. The net
profit arising from the working of the lines now in ope-
ration, during the past half-year, amounts to the sum of
14,405/. 19s. 91d.— a result which, keeping in view the
commercial depression, affecting during the past half-
year every branch of manufacturing industry in this
district, and also the incomplete state of the railway
—the directors consider satisfactory : it shows a clear
profit of 4 per cent. upon the cost of the lines now
working. The dividend of 5 per cent. due on the
quarter shares, amounting to the sum of 1,0211., is
payable out of the balance of the res enue account ;
but as the residue of the company's capital bears
interest, the directors propose to appropriate the
remainder of this balance to the general purposes of
the undertaking. The working expenses of the com-
pany for the past half-year arnottet t.. ,about 40 per
cent. on the gross receipts. one rAio4.4 the past
' half-year flee directors were under the apprehension
that the company's works must be suspended to an
extent that would have postponed indefinitely the
opening of the remainder of the railway.- iSuch a sus-
pension has been avoided, although the d rectors have
curtailed the expenditure on the works during the win-
ter considerably : the progressive return to a healthier
commercial and financial conditiou in the country will,
it is hoped, enable the board to secure the future
satisfactory progress of the works. On referring to
the report of the engineers, the shareholders will be
informed of the present state of the works under con-
tract ; and from this report it appears that in the
course of the present year the undertaking may in
the main be completed. The shareholders are aware
that the works on the Liverpool Dock branch have
not yet been commenced. This branch is under a
mile in length, and the whole of the land (with the
exception of a very 'small portion) required for its
construction has been purchased. The estimate for
works is under 70,0001., and as the line is to be exe-
cuted on the joint account of this and the Lancashire
and Yorkshire Railway Company, one-half of the
cost will be borne by the latter company. The di-
rectors consider it expedient to proceed with the
execution of these works immediately, as the line
connects your undertaking with the docks at Liver-
pool, and is absolutely necessary for the accommoda-
tion of your goods traffic at that port."
The report concluded by congratulating the
shareholders upon the condition of the company after
having passed through a monetary and comtnercial
crisis scarcely equalled in the history of the country.
A report from the engineer was then read, from
which it appeared that the works generally were in a
forward state. The Ormskirk section, which was
25i miles in length; had been let in one contract.
The engineer, in conclusion, said :—" The instructions
of the directors to limit the expenditure have neces-
sarily retarded operations, especially upon the Orals-
kirk contract, and will continue to do so so long as
those orders remain in force ; still, the essentially
heavy points have been, as far as it was possible, at-
tended to; and it yet appears possible, if such shall be
considered expedient, to have the whole line finished
by the autumn of this year. And even with a limited
expenditure, some portions of it may be opened within
the next summer."
From the detailed statement of accounts which ac-
companied the directors' report, it appeared that the
total expenditure upon capital account had been
1,733,9141. 18s. Cd., and that the directors had in
hand upon that account, 98,8661. 10e. On revenue
account the receipts for the past half-year had been
26,3151.25., and the working expenses 11,909/. 2s. 211.,
leaving a net profit, as stated in the report, of
14,405/. 19s. 91,1.
The CHAIRMAN, in moving the adoption of the re-
port, after adverting to the falling-off in the passen-
ger traffic, said that since the last meeting they had
only been able to borrow 15,000/., v, hick was owing
to the depressed state of commercial affairs gene-
rally. The calls, however, which the directors had
been compelled to make had been well met, and
since the accounts were made up: the arrears had
been reduced by 49,0001. The Chairman then
dwelt upon the necessity of a new terminal station
in the town of Preston, which he contended ought
immediately to be constructed; and he concluded by
showing that instead of the Liverpool and Bury line
being injurious to the East Lancashire, it would
have a contrary effect, inasmuch as the traffic would
all have to pass thiough a portion of the East Lanca-
shire line.

In answer to a question from Mr. ARMITAGE,
The CHAIRMAN said that it was true that overtures
had been made by the London and North-Western
Company for the lease of the East Lancashire line.
The propoSal came from an individual director of the
London and North-" Western Company, and the effect
was, a lease of the line at six per cent.; but that
proposal was clogged with a provision which the di-
rectors of the East Lancashire never could entertain
—that the London and North-Western Company
should at any time hereafter, if they thought fit, have
the power of paying off the East Lancashire share-
holders at par.

BI.ACYLOCK said he thought the Chairman
was in error in this matter. He (Mr. Blacklock)
understood from the director himself, to whom the
Chairman had alluded, that the proposal was, six per
cent., and the option of paying off at twenty-five years'
purchase.
The CIIIIRMAN said he had seen the gentlemen
alluded to after Mr. Blacklock had.
Mr. RAND, in seconding the adoption of the re-
port, bore testimony to the zeal and ability of the
directors.
Mr. VANCE, of London, in a speech an hour long,
put a variety of questions, from which it appeared
that the average rate of interest at which the com-
pany had borrowed money was 4/ per cent. The
commission paid for borrowing money amounted to
30/. only.--(Cheers.) The delay which had occurred
in opening the line was no fault of the directors, but
was owing to adverse weather and bad soil. Mr.
Vance then, at great length, opposed the payment of
interest to the holders of the quarter shares, as the
shares were created with the understanding that they
should not bear interest until the year 1850.
It was explained in reply, that when the shares
were created, none of the capital of the company bore
interest; but subiequently it was agreed that interest
should be paid on the other shares of the company,
and the directors considered that it would be an injus-
tice to exclude the quarter shares.
Mr. VANCE, however, persisted in his opposition,
and moved an amendment, that that part of the report
referring to the payment of interest on the quarter
shares should not be adopted.
The amendment fell to the ground for want of a
seconder, and the motion for the adoption of the re-
port was then put and carried.
The retiring directors having been re-elected, a
resolution was submitted to the meeting and carried,
for paying five per cent. to the holders of the quarter
shares.
Mr. VANCE protested against this
appropriation of
the funds of the company, and announced his inten-
tion of memorialising the railway commissioners on
the subject.
Mr. GRIEG then brought forward a motion for pro-
hibiting Sunday travelling, which was negatived.
This terminated the business of tho ordinary ge-
neral meeting ; the meeting Was made special, when
485 shareslwere declared forfeited, upon which 2,2681.
had been paid, but upon which 7,0001. was due.
On the motion of Mr. VANCE' a vote of thanks was
passed to the chairman and directors, and the meeting
separated.

LANCASHIRE AND YORKSHIRE.
WONDAT.---A special general m2et-
ing of the proprietors was held to-day at the Pala-
tine Hotel in this town, Mr. Hpuldsworth in the
chair, for the purpose of considering a Bill for the
extension of the Liverpool and Bury line into
Liverpool.
The CHAIRMAN, in submitting the Bill for ap-
proval, dwelt upon the importance to the company of
having a good terminus in such a town as Liverpool.
Mr. KYNASTON wished to know whether the pro-
posed extension would affect the dividend of the
Liverpool and Bury shares. He also wished for
some expianation as to the delay which had occurred
in the construction of the main line.
The CHAIRMAN said it was doubtful whether the
agreement with the Liverpool and Bury shareholders
did not provide that the dividend should not cow-
-1 mace until the proposed extension was completed.

The directors, however, were disposed to construe the
agreement as liberally as possible, and to extend the
dividend to the Bury shareholders as soon as the line
should be completed down to Liverpool. With
respect to the progress of the works, he could say
that no unnecessary delay had taken place. The state
of the times had compelled the directors to proceed
cautiously with works which, in different circum-
stances, the directors would have pushed on with greater
expedition. But the delay hich had taken place had
occurred in the winter, and therefore it was not of
much consequence to the shareholders. The same
delay would certainly have occurred if the Bury
Company had been an independent body. At the ap-
proaching half yearly meeting of the Lancashire and
Yorkshire Company, the directors would be prepared
to state in detail the plan which they intended to adopt
with respect to the Bury shareholders.
Mr. YNA£To NI said he intended to move an adjourn-
ment.

The CHAIRMAN said it could not be entertaine3, as
this was the last day the meeting could be legally held.
Mr. KYNASTON said that certain rumours were
afloat injurious to the interests of the company. He
wou'd be glad in the first place to know the offer
which Mr. llawkshaw had made for the Preston and
Wyre contract. He had no personal feeling in this
matter bat he thought that in these times high paid
officials ought, if they could, to be dispensed with.
Mr. PRICE doubted whether the money for the
proposed extension could be raised in the present state
of the share market.

The CuAIRMAN said the funds would come from
the. Manchester and Leeds Company. Manchester
and Leeds Extension Stock was not to be applied to
one purpos only, but to others. Several of the ex-
tensions would be ready for opening shortly, and
then the shareholders would come into dividend.
The proposed extension into Liverpool would be
expensive, in consequence of its going through build-
ing property—it woul I be between 300,000/. and
400,000/. There was at present a gloom over rail-
way property, but that was owing to the proceedings
of the last two years, and if directors and share.
holders proceeded harmoniously together now, he
believed that gloom would soon wear away. The
Amalgamated Lancashire and Yorkshire Com-
pany had about 233 miles of railway to make,
and they were now concentrating their energies
upon about 33 miles. The capital of the
Lancashire and Yorkshire Company was 5,200,000/.,
' and they had actually expended 7,500,0001. Their
loans were 1,700,0001., and therefore they had good
security for any further loans. The Hon. Gentleman
then proceeded to show the advantages which the
company offered as security for the loan of money,
contending that the security was as substantial as that
of the public funds.
In the course of a discussion which followed, it ap-
peared that Mr. Hawkshaw's salary had been reduced
from 5,000'. to 2,500/. a-year.
Mr. HEALD, ALP., said he was so satisfied with
the stability of this company, that he would be ready
to join other capitalists, and take the mortgage bonds
out of the hands of the present holders if they would
relinquish them.
The motion of the approval of the Bill having been
put, the votes were—For the extensions, 88,139 ;
against it, 7,314 ; insjoi ay, 80,825.
Thanks to the chairman and directors terminated
the meeting.
It was stated in the course of the meeting that the
directors had relinquished their remuneration of 3,500/.
a•year. 9
•

THE LATE FATAL ACCIDENT IN
EUSTON-SQUARE.

The adjourned inquest upon James Hickey and
Charles Gedge, the last two sufferers by the accident
at the London and North• Western Railway Station
on the morning of the 6th ult., was held before
Mr. Wakley, M.P., in one of the parcel-rooms at-
tached to the station. Several scientific persons were
present. Among them were Mr. Hoskins, who
attended at the request of the Woods and Forests ;
Mr. Tite and Mr. More, the eminent architects,
attended at the request of Mr. Philip Hardwick, the
architect to the railway company, under whose direc-
tion the building which had fallen was being erected.
Mr. William Cubitt, M.P., the contractor for the
works, was present throughout the proceedings.
The evidence wholly went to ascertain the cause of
the accident.
The first witness was Mr. Hardwick himself, who
was examined at considerable length. He described
the construction of the works as required by the
specification under which Messrs. Cubitt had con-
tracted for their execution, and said he was satisfied
hadthe fall of the buildings not been occasioned by
any flaw, either in the concrete upon which they
rested, or the foundation. his first impression, he
candidly confessed, after the accident, was that in
consequence of the work having been proceeded with as
fast us it could be, there had not been time for the
cement of the columns to set, so that it was entirely
green work. The best Roman cement was used.
They were built " brick-on-edge," a common con-
struction. On examining the fragments after the ac-
cident he found some parts in which the cement had
not set. Since this he had felt the probability was
that the work might in some degree have been affected
by the movement of the scaffolding.
Mr. Cubitt, M.P., was the next witness, and after
describing the qualities of the materials used, he said
he had not been able to farm an opinion as to the
cause of the accident, but he did not think the scaf-
folding had anything to do with it. The columns
would have been strong enough to bear the weights
intended for them. He attributed the accident to the
state of the atmosphere not permitting the cement to
get into the state of stone as soon as was expected.
Robert Butterwick, foreman to Messrs. Cubitt,
proved that the work was built with due care, and
that none of the men complained either of the mate-
rials or of the building going on too quick.
James Stephenson, foreman of the bricklayers em-
ployed on the work, said in his opinion the peckstals
had given way a little, and so brought the columns
down.
Several other witnesses were examined, and then

Mr. Tite was examined. This gentleman, on his
examination of the place, and the bearing of the
evidence, said, in his opinion the work had been car-
ried up rather rapidly in what was very wet weather,
consequently the brickwork and mortar had " see'
insufficiently. He conceived the pedestal had giyen
way first, because the edge of it was cut off angle-
ways, as if the column had slipped off. The cause of
this was the inequality of the pressure upon the inner
column produced by the men lengthening the scaf-
folding at a greater leverage. Nobody could be
blamed for it, and as to ;the columns being built
" brick on edge," he was satisfied it was advanta-
geous.
' Mr. Edward Blore said he entirely concurred in
opinion with Mr. Tite, that the fall had been occa•
sinned by some motion in the upper part of the
scaffolding, by which undue pressure was thrown
upon the inner column. There was not the least
inherent danger in the structure itself, and he should
not have anticipated any accident himself.
The inquest was then ajourned till Thursday, by
which day Mr. Hoskins, who took an active part in
the inquiry, said he would be prepared with a written
opinion upon the cause of the accident.

CONY'S, SATURDAY, JAN. 29.-05110 ANS HOUSE.
—Our readers are aware that for some time past the
works on her Majesty's estate in this island have been
rapidly progressing. The old mansion, known hitherto
as Osborne house, has, since the departure of the Court,
bean taken down, and not a vestige of the former build-
ing remains. '1 he ground has been excavated, and
prepared for the foundation of what will be the front
elevation ; and we learn that his Royal Highness Prince
Albert, and probably aeconapanied by her Majesty, will
pay a short visit next week for the purpose of laying the
foundation stone. The present intended elevation will
be connected with the extensive building lately erected
in the rear, and when the former is complete, will form
the main building or body of the new Osborne House.
The West wing, on which is the tower, has been inha-
bited for some time past by the Royal family, and will
also be connected by a corridor to the main building ;
and when the other intended wing and clock-lower are
erected, the whole will be one of the handsomest ma-
rine mansions in the kingdom, and worthy the habita-
tion of the Sovereign and the Court during their frequent
sojourn. The building is in the Palazzo, or Italian and
G reci an styles.—llumpslare Advertiser.
Tim "IRON Duan's" EPISTOLARY STYLE,--The
"sayings and doings" of his Grace the Duke of Welling-
ton have, of late, excited much attention; more particu-
larly his private correspondence. We have, by the
kindness of a friend, just seen two autograph letters of
this distinguished nobleman, which had been received
by him, in one of which is exhibited his attention to
punctuality, in the other, which we transcribe, his per-
tinent style of reply; " The Duke of Wellington pre-
sents his compliments to Mr. 8., and has received his
letter of the 11th inst. It will save Mr. B. a great deal
of anxiety and trouble if he will not believe half, and,
in the particular subject to which he refers, not one word
of what ho reads in the newspapers respecting the Duke
and his intentions."—Norfolk News.
The United States mail steam-ship Washington,
having encountered heavy gales and much boisterous
weather on her outward voyage from Southampton to
New York, was compelled to put into Halifax on the
10th ult. for a fresh supply of coal, and proceeded to
New York on the 13th; which information serves to
correct various misstatements and erroneous reports
respecting alleged damages of machinery, &c., as sus-
tained by said steamer.