The Sun.
London, England, 1856-01-19 00:00:00

THE SUN, LONDON; SATURDAY EVENING JANUARY 19. 1856

LAW INTELLIGENCE—(This Day.)

SPORTING NOTES.

ItAtorATs.

Loaning
Company

Closing !Ties,
yester lay

this day

COURT OF QUEEN'S BENCH.

A DIP INTO THE CHESTER CUP.
If the Chester Cup is to be taken as a specimen of the
system of weighting which is to be pursued throughout
the season the pernicious influences of light Handicaps
GREAT NORTHERN RAILWAY. I are not likely to be soon destroyed. Mr. Topham has
Mr. Maynard, on the part of the plaintiff, stated that I even adopted a lower scale than usual, and his study
this was a special case for the opinion of the Court. The 1 has evidently been to accommodate all parties. In this
plaintiff was a surgeon of Peterborough, and had brought I attempt he has unquestionably succeeded, for the Hen-
an action against the defendants for a breach of contract dicap is of a highly " flattering" character, and the ac-
in refusing to convey him from Peterborough to Hull,
in accordance with the terms of their time tables. ceptances will, doubtless, be very numerous. Admiral
ad-
the 25th March the plaintiff consulted the time
On Ruus and others, however, who have earnestly i
vocated the abolition of light Handicaps, must
tables of the Great Northern Railway, and found a train experience considerable disappointmeat because their
announced to run that evening at 7.20 from Peterbo-
rough to Hull. After transacting his business at the efforts have been ineffectual, and because they
.have wasted their words on the desert air. Tho cause,
former place he repaired to the station to proceed by however, of their failure is patent. Little unanimity
the above train, but on his arriving there he was in. formed that that train bad been discontinued during exists among turf officials, and in the race for popularity
that month, and that there were none running for , there is a continual striving to get the better of one ano-
some hours before or after that hour. The plaintiff I tiler. It would not suit the purpose of Mr. Topham to
make his handicap heavy, whilst light weights are the
having made arrangements in accordance with the train
rule at York, Epsom, Warwick, Doncaster, and else.
bill tendered his fare to the company to be conveyed
where. Why do not handicappers agree among them.
to Hull, but they refused to take it, and be had in-
selves to make their maximum weight lOst., and their
cm-red expenses in consequence to the amount of 51.
minimum weight sst ?
10s., for the recovery of which he had sued the coin-
pang in the County Court and obtained a verdict. The So far as it is possible to ascertain public opinion re• defendants alleged that the line from Peterborough to dative to the distribution of imposts for the Chester Cup, Hull was not their property, although they bad running lam induced to believe that people are satisfied with
powers over it. They bad been in the habit of issuing tickets the evident care and ability with which the weights have
from Peterborough to Hull, bat that on the 27th Feb- been allotted. In the course of a few days a significant
ruary, and prior to the publication of the March time sign will doubtless be made in the turf market as to the
animal which is deemed most favourably "in." Mr. How-
tables, the Northern and Eastern Company had given
ard's horses have been leniently handicapped. Scythian is
notice to the defendants that they should cease running
the train from Milford Junction to Hull, which the train weighted at 7st. 121b.-81bs, more than he carried last
in question from Peterborough joined at that spot. The year when he achieved success. The slow but game
Little Harry has 7st. 101 b, and The Coroner 6st. These
defendants had not removed the train from the March
time bills, and hence the inconvenience to the plaintiff, animals constitute a formidable lot, and whichever may
and the cause of this action. In the time-tables was a
be selected to do battle for the stable will be a proini-
clause that the Company, would not guarantee the
ne
th nt favo
punctuality of the arrival and departure of the trains,el
at a9risdt.a2lh. dangerous
but
his "breakK
m
punctuality om
heads down"
nor hold themselves responsible for delay in conse-
for the Cesarewitch I can have no fancy for him at so
(pence.
steadying a weight. Rifleman's impost is Bst. 71b., and
Lord Campbell—That only refers to punctuality, his chance is not destroyed. Mr. Topham's opinion of
the Leger running is pretty plainly indicated by the fact
Mr. Maynard having argued in support of a contract
by the defendants to convey the plaintiff, and false re- of
a hist making
ikwn gi
llßhiefl ewmnarnthcyonnf nsc eednesildbesr.attoi
consideration
; and,ceb
d
ox . 0
uhTyt:
presentation in publishing the March bills, pee
Mr. Hill submitted the defendants were not liable. It less, Hungerford, Wild Huntsman, and Epaminondas
was a case of considerable importance to almost every will be frequently heard of•to advantage in the market.
railway in England. John Osborne will, too, have a prominent favourite.
Lord Campbell—Of the greatest importance, and to Amongst his lot are Lady Tattoo, 6st. 121 b., Lord Alfred,
6st, 121 b., and Yorkshire Grey, sst. 101 b. The last-men-
the community at large also, who would now know
what faith could be put in the time-tables published by
tinned'
got on has already been heavily backed ; but they who
must have a care. Whispers of the party
have "
railway companies, and what liabilities were incurred
by the parties publishing them. being forestalled have reached me, and the game which
Mr. Hill said there was hardly a trunk line in the was played with Lord Alfred for the Cambridgeshire
kingdom that did not communicate with other railways
tonur-n ought to be sufficient warning to "premature specula
„
reaching to the extreme ends of the kingdom, and it was ' According to Lady Tattoo's performances at
well known that the line belonging to the defendants Doncaster
was but a small portion of the railway mentioned in the Mr.
hnmrspeossthaivs
ecehretaeninliyaifralyvotuireaabtleed,enaonudghi
defendants' time-table.
either shall
La Victims not be surprised
n
Bubble. im
were his
n e,sh
weight represented
eigt i
by
Lord Campbell said that the contract was made when
good edging.
to afford her backers Her running
the ticket was issued by undertaking to carry a person likely
the whole of the way. He had again and again acted
on the law that it made no difference whether the com-
pany issuing the ticket had the whole extent of the line •have justified the Handicapper in
would perhaps . .
at Wolverhampton, Reading,.. and Chester, last year,
p,
at 6st., is
Putting a leetle more weight on her. Mahe
or not. The moment the company made that express
Bold Buccleuch sst. 51b., Diego sst., Peter Wilkins sst.,
contract they were bound by it.
Mr. Hill submitted that in this case there was no con-
Preston Est. 71b.,
tract. The only evidence of a contract was by the time- inZeda
list
n 431 t. 71b., andof Adam 4st., will
perhaps figurequotations.
table put forward, and it was stated that that publica-
Despite th
tion constituted a contract with every person who went t
was
s pleasanweathertand h
stuee Steeplechasenessfnlßusi
Meeting at Cheer.
unfavourable
to one of the stations mentioned in the time-table, and
took a ticket to be conveyed by a particular train, sub- Hess vas
,conducted,sk iee oi
nn
flt
uhee ‘e'essq”u aarree, 'n'
nannede r
nI e
dtrust e that
pro,.
so far as the
ject to the exceptions mentioned in the time-table. There
rooters
had been no work and labour performed. Am willeetia
n meeting will
better luck
llteathtepla next
ee
attim
e.
had Oundleme.
on Tuesday and
Lord Campbell—Was it not work and labour in going Wednesday next, under the direction of Mr. Newcome
to a station for a ticket? Did not the company invite Mason. The course is well adapted for steeplechase
custom by that advertisement ?
purposes, and the means and appliances for carrying wig
Mr. Hill said it was merely an invitation to the pub- the undertaking are not wanting.
lie to come and deal with them, and that they were ready I Jan. 19.
to make contracts upon such and such terms.
Mr. Justice Wightman—Does it not imply a promise
to run particular trains ?
Mr. Hill said he thought not. If so, the company
would be bound to run the trains without any excep
tions.

(Sittings in Banco, before Lord Chief Justice Campbell,
Justices Wightman and Crompton.)

IMPORTANT JUDGMENT-RAILWAY LIABILITY-PARKER V.

A FRESH MAN.

THE RUGELEY CASE.-PALMER'S BANK

BUPTCY.

As a motion will be made in the court on Monday to
set aside the adjudication of bankruptcy lately issued
against W. J. Palmer, it may not be uninteresting to
state some particulars of the case. The act of bank-
ruptcy upon which the petition is founded is the lying
in prison twenty-one days • and a novel point will be
raised to set this aside. The Bankruptcy Law Consoli-
dation Act, 1849, enacts, " That if any such trader,
having been arrested for debt, lie in prison 21 days,
he shall commit an act of bankruptcy." There are cases
showing that the arrest must be for debt only, on
this part of the statute ; and that "it the detention,
although for debt, be also upon a criminal charge, the
time during which the criminal detention takes place
cannot be counted." Now comes the curious point of
the statute, "or if any such trader having been arrested,
or committed to prison for any other cause, shall lie in
prison for 21 days after any detainer for debt lodged,
he shall be deemed to have committed an act of bank-
ruptcy." So that if Palmer bad been originally com-
mitted for the murder, and a detainer then lodged against
him, he would, after lying in prison 21 days, have com-
mitted an act of bankruptcy ; but having been arrested
for debt in the first instance, and the commitment for
murder having followed, the calculation of time is stayed
from the time of commitment, and it will be argued that
the 21 days necessary for an act of bankruptcy have not
been fulfilled in his case.

Lord Campbell—And so they are until they withdraw
,heir notice.

Mr. Hill—But supposing a slip occurred on the line,
she company would not then be liable for not running
the train

Lord Campbell—That would be an excuse. There
were exceptions In marine contracts from the perils of
the sea, and he saw no reason why railway companies
should not be exempt from the perils of the land. Such
an accident as that mentioned would be of sufficient
importance to excuse them from any irregularities arising
therefrom.

Mr. Hill said that the time-tables were merely state-
ments, that the company was willing to contract with
persons on certain terms when they came to the station.
The learned gentleman referred to the plea of false
representation and contended the defendants were no
liable.

Lord Campbell said this was certainly a very impor-
tant case both as regarded the railway companies and the
public, and he might say that railways would not be et
benefit or accommodation to the public if the representa-
tions, contained in the time-tables, were to be treated as
waste paper, and were not to be considered as the foun-
dation of a contract. It appeared to him that this com-
pany, publishing in express terms, that, in cor.sideratirn
of their customers coming to a particular station at a par-
ticular hour, that a train should be passing near that
time, and on passengers tendering their fares they should
be carried by that train from one station to another
given station, entitled the plaintiff on a breach of that
contract, as stated in this case, to recover against the
defendants, both on the grounds of false representation
and breach of contract. The judgment must be con.
firmed.

MARKET NEWS.—(This Day.)

COVENT GARDEN.

The supplies on sale in to-day's market were moderate,
and the demand ruled steady. In prices scarcely any change
took place.
FainT.—Pine apples, English, 4s to 8s per lb; colonial
do., Os to Os each ; hot-house grapes, 3s Od to 7s Od per lb ;
foreign ditto, Od to Os ; melons, 2s Od to 3s 6d each;
peaches, 2s Od to Gs; nectarines, is 6d to 4s per dozen ;
apples, is Od to 2s Gd per half sieve ; pears, 2s Od to
5s per half sieve; plums, Os to Os per sieve ; green gages, Os
per punnet; apricots, is 6d to 5s Od per doz.; common plums,
Os 011 to Os Od per sieve; cherries, Od to Od per pound ;
lemons, 6d to is Od per doz ; oranges, 5s to 12s per 100; fil-
berts, 9s to Os per doz. lbs ; cobnuts, lls to Os ; almonds,
Os to Os per lb. ; walnuts, 8d to 10d per 100; figs, Os 9d
to is Gd per doz ; strawberries, Od to Od per pottle ; goose•
berries, Os Od to Os Od per half sieve ; currants, Os Od to
Os Od per half sieve ; raspberries, Od to Od per pottle.
VEGETABLES.—Greens, is 6d to 3s Od per doz. bunches;
cabbages, 10d to is 6d per dozen ; Savoy ditto. is 3d to
2s Od per do. ; brocoli, is 6d to 2s per bundle ; potatoes, 65s
to 115 s per ton ; vegetable marrow, Od to Os per doz. ; peas,
Os to Os Od per bushel ; broad beans, Os Od to Os Od per half
sieve ; turnips, 2d to 4d per bunch ; carrots, 5d to 6(1 per
bunch ; cucumbers, 2s Od to 3s Od each ; garlic, Gd to
Os 8d per pcund ; spinach, 4s Od to 5s Od per sieve ;
old onions, 2s Gd to 4s per bushel ; new ditto, Os to Os per
doz. bunches; leeks, 2d to 3d per bunch ; shallots,
6d to 8d : horse-raddish, 2s Od to 4s Od per bundle ; parsley,
4d to Gd per bunch ; celery, Os 9d to is 3(1 per
bunch ; endive, is Gd to 4s Od per score ; beet, is Od to 2s
per doz. ; parsnips, Os 6d to is Od per dozen ; small
salad, 2d to 3d per punnet ; mushrooms, 2s Od to 2s 6d per
pottle; artichokes, is to is 6d per half sieve; cabbage lettuces,
9d to is Od per score ; sorrel, Gd to is per half sieve ;
radishes, is to is 3d por dozen hands ; tomatoes, 3s to 4s
per half sieve ; chillies, is to is 6d per 100; Brussels
sprouts, Os Od to Os per half sieve ; capsicums, is Od to 2s
per 100 ; walnuts pickling, 6d to is per 100; cauliflowers,
N to 10s Od per doz.

The other judges expressed a similar opinion.
Judgment confirmed.

THE CASE OF DR. VAUGHAN.

An arrangement was this morning come to between
the learned counsel in this case, whereby the intended
application to the Court of Queen's Bencb, against the
granting a certiorari to remove the trial of Dr. Vaughan
into this Court was waived, and that the trial should
take place in the usual course at the next sittings of the
Old Bailey.