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

LONDON; SATURDAY EVENING, JANUARY 19. 1856.

LINES txASED FIXED RENTALS.

RAILWATio

Leasing
Compans.

C'eslna Trtoes
yester lay

R n4tness
this day

London &
N. We+t.
L.&N.W.
CaWon
E. Un. &
E. C
Gt.Nrtnn
E. Count
Caldonian

Do
at. Wenn
Yk. New.
k Berw.
Y. &NM
Do
Do

S. Easton
Do
Poto k Co

Norfolk
Do
L.& N. W
& Midld.
Stckton &
Darlingt.
Midland

En. Conn.
E. Count.

Do
Do

L. & N.W
Do

Ut Northn
Lancash &
Yorksh.
T. Brassey
M.MClean
Stockt. &
Darlingt
Do

ions.

LAW INTELLIGENCE—(This Day.)

COURT OF QUEEN'S BENCH.

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

IMPORTANT JUDGMENT-RAILWAY LIABILITY-PARKER T.

GREAT NORTHERN RAILWAY.

Mr. Maynard, on the part of the plaintiff, stated that
this was a special case for the opinion of the Court. The
plaintiff was a surgeon of Peterborough, and had brought
an action against the defendants for a breach of contract
in refusing to convey him from Peterborough to Hull,
in accordance with the terms of their time tables. On
the 25th March the plaintiff consulted the time
tables of the Great Northern Railway, and found a train
announced to run that evening at 7.20 from Peterbo-
rough to Hull. After transacting his business at the
.former place he repaired to the station to proceed by
the above train, but on his arriving there he was in-
formed that that train had been discontinued during
that month, and that there were none running for
some hours before or after that hour. The plaintiff
having made arrangements in accordance with the train
bill tendered his fare to the company to be conveyed
to Hall, but they refused to take it, and he had in-
curred expenses in consequence to the amount of Si.
10&., for the recovery of which he had sued the com-
pany in the County Court and obtained a verdict. The
defendants alleged that the line from Peterborough to
Hull was not their property, although they had running
powers overit. They had beenin the habit of issuing tickets
from Peterborough to Hull, bat that on the 27th Feb-
ruary, and prior to the publication of the March time
tables, the Northern and Eastern Company had given
notice to the defendants that they should cease running
the train from Milford Junction to Hull, which the train
in question from Peterborough joined at that spot. The
defendants had not removed the train from the March
time bills, and hence the inconvenience to the plaintiff,
and the cause of this action. In the time-tables was a
clause that the Company would not guarantee the
punctuality of the arrival and departure of the trains,
nor hold themselves responsible for delay in conse-
quence. _ _

Lord Campbell—That only refers to punctuality.
Mr. Maynard having .argued in support of a contract
by the defendants to convey the plaintiff, and false re-
presentation in publishing the March bills,

Mr. Hill submitted the defendants were not liable. It
was a case of considerable importance to almost every
railway in England.

Lord Campbell—Of the greatest importance, and to
the community at large also, who would now know
what faith could be put in the time-tables published by
railway companies, and what liabilities were incurred
by the.parties publishing them.

- Mr. Hill said there was hardly a trunk line in tke
kingdom that did not communicate with other railways
reaching to the extreme ends of the kingdom, and it was
well known that the line belonging to the defendants
was but a small portion of the railway mentioned in the
defendants' time-table.

Lord Campbell said that the contract was made when
the ticket was issued by undertaking to carry a person
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
or not. The moment the company made that express
contract they were bound by it.
Mr. Hill submitted that in this case there was no con-
tract. The only evidence of a contract was by the time-
table put forward, and it was stated that that publica-
tion constituted a contract with every person who went
to one of the stations mentioned in the time-table, and
took a ticket to be conveyed by a particular train, sub-
ject to the exceptions mentioned in the time-table. There
had been no work and labour performed.
Lord Campbell—Was it not work and labour in going
to a station for a ticket ? Did not the company invite
custom by that advertisement ?
Mr. Hill said it was merely an invitation to the pub-
lie to come and deal with them, and that they were ready
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. H so, the company
would be bound to run the trains without any excep

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

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

Lord Campbell—That would be an excuse. There
were exceptions ti 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 consideration
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 anothei
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.

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 Bench, 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.

SPORTING NOTES.

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
are not likely to be soon destroyed. Mr. Topham has
even adopted a lower scale than usual, and his study
has evidently been to accommodate all parties. In this
attempt he has unquestionably succeeded, for the Han-
dicap is of a highly " flattering" character, and the ac-
ceptances will, doubtless, be very numerous. Admiral
Rms and others, however, who have earnestly ad-
vocated the abolition of light Handicaps, must
experience considerable disappointment because their
efforts have been ineffectual, and because they
have wasted their words on the desert air. Tho cause,
however, of their failure is patent. Little unanimity
exists among turf officials, and in the race for popularity
there is a continual striving to get the better of one ano-
ther. It would not suit the purpose of Mr. Topham to
make his handicap heavy, whilst light weights are the
rule at York, Epsom, Warwick, Doncaster, and elst-
where. Why do not handicappers agree among them-
selves to make their maximum weight 10st., and their
minimum weight sst

So far as it is possible to ascertain public opinion re-
lative to the distribution of imposts for the Chester Cup,
I am induced to believe that people are satisfied with
the evident care and ability with which the weights have
been allotted.llln the course of a few days a significant
sign will doubtless be made in the turf market as to the
animal which is deemed most favourably "in." Mr. How-
ard's horses have been leniently handicapped. Scythian is
weighted at sst. 121b.-81bs. more than he carried last
year when he achieved success. The slow hut game
Little Harry has 7st. 101 b, and The Coroner 6st. These
animals constitute a formidable lot, and whichever may
be selected to do battle for the stable will be a promi-
nent favourite, and a dangerous competitor. King Tom
heads the lot at 9st. 21b. ; but after his " break down"
for the Cesarewitch I can have no fancy for him at so
steadying a weight. Rifleman's impost is Bst. 71b., and
his chance is not destroyed. Mr. Topbam's opinion of
the Leger running is pretty plainly indicated by the fact
of his making Rifleman concede 51bs. to Sancebox. Ty.
pee at Bst. will be worthy of consideration ; and, doubt.-
less, Hungerford, Wild Huntsman, and Epaminondas
will be frequently heard of to advantage in the market.
John Osborne will, too, have, a prominent favourite.
Amongst his lot are Lady Tatton, 6st. 121 b., Lord Alfred,
6st. 121 b., and Yorkshire Grey, sst. 101 b. The last-men-
tioned has already been heavily backed ; but they who
have " got on" must have a care. Whispers of the party
being forestalled have reached me, and the game which
was played with Lord Alfred for the Cambridgeshire
ought to be sufficient warning to " premature'specula
tors." According to Lady Tatton's performances at
Doncaster her impost is certainly favourable enough.
Mr. Morris's horses have been fairly treated, and I
shall not be surprised were his stable represented by
either La Victime or Bubble. Imogeue's weight is
likely to afford her backers good edging. Her running
at Wolverhampton, Reading, and Chester, last year,
would perhaps have justified the Handicapper in
putting a leetle more weight on her. Mishap,
at 6st., is entitled to notice. Stork sst. 61b.,
Bold Buccleuch sst. 51b., Diego sst., Peter Wilkins sst.,
Preston 4st. 71b., Redan 4st. 71b., and Adam 4st., will
perhaps figure in the list of quotations.
Despite the unfavourable weather the Steeplechase
Meeting at Chertsey was pleasant and successful. Busi-
ness was conducted on the "square," and I trust that,
so far as the " skiey influences" are concerned, the pro-
moters will have better luck next time.

A meeting will take place at Oundle on Tuesday and
Wednesday next, under the direction of Mr. Newcome
Mason. The course is well adapted for steeplechase
purcoses, and the means and appliances for carrying out
the undertaking are not wanting.
Jan. 19. A FRESH MAN.

THE RUGELEY CASE.-PALMER'S BANK-

ItUPTCY.

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 had been originally com-
mitted for the murder, and a detainer then lodged against
him, be 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.

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.
FRVIT.—Pine apples, English, 4s to 8s per lb; colonial
do., Os, to Qs each ; hot-house grapes, 3s Od to 7s Od per lb ;
foreign ditto, Od. to Os ; melons, 2s Od to 3s Gd each;
peaches, 2s Od to Gs; nectarines, is Gd to 4s per dozen ;
apples, is Od to 2s 6d per half sieve ; pears, 2s 0(1 to
5s per half sieve ; plums, Os to Os per sieve ; green gages, Os
per punnet; apricots, is Gd to 5s Od per doz.; common plums,
Os Od 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, Os to Os per doz. lbs ; cobnuts, lie 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 0(1 per half sieve ; raspbsrries, Od to Od per pottle.
VEGETABLES.—Greens. is 6d to 3s Od per doz. bunches;
cabbages, 10d to is 6(1 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 4 d per bunch ; carrots, 5(1. to 6d per
bunch ; cucumbers, 2s 0(1 to 3s 0(1 each ; garlic, 6d to
Os 8(1 per pcand ; 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, - 2(1 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 3d per
bunch ; endive, is Gd to 4s Od per score ; beet, is Od to 2s
per doz. ; parsnips, Os 6(1 to is 0(1 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 per 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,
5s to lOs Od per doz.
NEWGATE AND LEA.DENHILL.
Turkeys, 4s Od to 10s 6d ; Geese, 5s Od to Gs 6(1 each ;
Ducks, 2s Gd to 3s Od ; wild ditto, is 9d to 2s Od ;
rabbits, 10d to is 6(1 each ; Pigeons, 7d to 9(1 each ;
large Surrey Fowls, Os Od to Os Od ; middling, 2s Od to
3s Od ; Chickens, is 9(1 to 2s 3d ; Capons, 3s 6(1
to 4s 6d ; Hares 2s 6d to 3s 6d ; Grouse, is 9(1 to 2s Od each ;
Pheasants, 3s 3(1 to 3s 6sl ; partridges, is 3d to is 9(1 each ;
Roasting Pigs, 4s ed to 7s Od each. Ostend fresh butter, Ils
6(1 to 12s 6d, and English lls 6d to 15s Od per dozer lbs.
English Eggs, lOs Od to lls Od; French ditto, Is 61 to 8s Od
per 120.

A writer in a pro-Russian paper, dated Vienna,
Jan. 13, says :
" Permit me to direct your attention to a matter
which just at present is deserving of close conside-
ration from its intimate connection with a point
raised by the Austrian propositions, 'i. e., the in-
tended rectification of the Turco-iussian frontier
in Bessarabia. Conjecture loses itself in its at-
tempts to discover a single reasonable pretext which
can justify so absurd a requirement. No one here
has any difficulty, however, in determining the
Power to which it owes its origin.
Austrians who love their country see, with pain
and inquietude their Government hastening into
injurious political combinations, and justly re-
proach it with having cast a new obstacle, as irri-
tating as unexpected, in the way of pacific negotia-
tions. The demand of a cession of territory is a
direct demonstration of Austria against Russia.
Bessarabia (says the Austrian Gazette of this morn-
ing) is the glacis of Transylvania, and if Russia
would not give umbrage to Austria she must never
pass over the Dniester. One thus sees that our
Government is already regarding Moldavia and
Bessarabia as natural dependencies of Transyl-
vania.

•" Article Ist of the Austrian propositions de-
mands the rectification of the frontier, which,
starting from the neighbourhood of Chotym, shall
follow the line of mountains which extend in a
south-easterly direction, and shall terminate at
Lake Tsasyk. '
" Who can call this a rectification of the frontier ?
To rectify a frontier is evidently to substitute for
the purely artificial limits fixed by treaty the natu-
ral boundaries indicated by the configuration of
the ground, or the course of the rivers, or the
mountains ; but all that portion of Bessarabia com-
prised between the parallel streams of the Pruth
and the Dniester presents nothing but a plain, with
but few water-courses. " The ramifications of the
Carpathians do not reach to Chotym, and the line
which from that city divides the tributaries of the
Pruth, with those of the Dniester, does not afford
any sensible foot, far less a mountain chain. In
this sloping chain, which bears in a great measure
the character of the steppe, the Pruth traces a fur-
row of division sufficiently embanked, and forms
thus a natural, regular, and continuous boundary line
through the whole length of the Moldavian frontier..
To rectify' this frontier by substituting a boun
dary line, artificial and arbitrary, is absurd. A
territory whose limits, as marked out by nature,
show that it was designed to form a whole, would
by such a senseless plan be, as it were, torn to
rags, useless both to Turkey and to Russia. Would
such a line offer any defence to Moldavia ? Would
it not be a standing source of constantly-recurring
strife?

"The direction of this line is so very vaguely
indicated in the article in question that it may as
easily be understood to comprehend a narrow bor-
der the length of the Pruth, or two-thirds of Bes-
sarabia. If the proposed line is to commence
from the environs of Chotym,' is that fortress to
form part of the ceded territory, or will it remain
with Russia ? Chotym is a very important fortress.
In 1834, when the attitude of Austria was menacing,
it had a garrison of 16,000 men. The fortress of
Ismail, which formerly had a population of 30,000
men, has lost a good deal of its importance. But
almost at its gates a new and flourishing town has
arisen, with a large population. This town, whose
very existence appears to be ignored by the
French maps, is called Toutchkoff. Its creation is
entirely Russian, yet being within the line of the
Tsasyk lake, would it not be equally comprised in
the cession demanded ?

In one word, the stipulation under notice, drawn
up after the contest, under the inspiration of a
power which wishes to turn the struggle to its ad-
vantage, has so much of vagueness and confusion
that one is tempted to set it down as a diplomatic
blunder. Those who drew it up have doubtless
consulted Lapie's map of Turkey published iu 1822,
or that of the War Department of Vienna—the
latter being only a copy of the French map. In
these maps chains of mountains are set down any-
where, at the fancy of the designer. The Russian
maps do not represent the ground in relief. A
simple perusal of the works of Kohl, or of Prince
Demidoff, upon Southern Russia, will suffice to
show the errors of the maps which have probably
been consulted by those who drew up the article
for the proposed rectification of frontier.

COUNT ESTERHAZY '8 INSTRUCTIONS.

Le Nord publishes the text of Count Buol's
despatch to Count Valentine Esterhazy, serving as

his instructions when conveying the Austrian
propositions to St. Petersburg. The following is
the note :

" Vienna, Dec. 16, 1855.

" The words which your Excellency haS had the
honour- of hearing from the Emperor's own lips
must have again confirmed to you the intentions
that have invariably guided the policy of his Ma-
justy during the different phases of the contest
now weighing so heavy on Europe. Unswervingly
constant to these same principles the Emperor
would have deemed himself unmindful of what is
due to his own people and the nations of Europe
had he allowed the present moment to escape when
a superior power imposes a virtual truce upon the
combatants, without making one last effort to open
new paths towards that peace which is evidently a
most urgent necessity for Europe.
" Convinced, on the one hand, of the sincerity cf
the declarations so repeatedly made by the Empe-
ror Alexander, that he was willing to assist in ar-
riving at any peace not repugnant to his own die.-
nity and the honour of his country, his Imperial
Majesty has felt himself called upon to employ his
best efforts in order to ascertain what degree of re-
ciprocity might await those inclinations at the
Courts of France and Great Britain. His Majesty
deigned in consequence to entrust to me the duty
of sounding the cabinets of Paris and London on
this subject. But while we found them most firmly
resolved not to initiate any pacific overtures, we
nevertheless have, to our great satisfaction, found
in these Cabinets a disposition such as to inspire
us with the hope that they will not refuse to exa-
mine and accept conditions of a nature to present
all the guarantees requisite for a serious and last-
ing peace, and to adjust satisfactorily the question
that gave rise to the war.
"Not merely this: we believe we are authorised in
expressing the hope that these powers, while main-
taining in its full force the right of presenting such
conditions of peace as may seem fitting to them,
would be no less disposed at this present time not
to deviate from the principle they laid down at the
commencement of the contest, which was not to.
prosecute any private advantages, and to limit their
demands to the sacrifices necessary for reassuring
Europe against the return of a state of things so
deplorable and involved as the present.
" Encouraged by these signs, the Imperial Cabi-
net has not shrunk from the task of conscientiously
taking the present state of affairs into serious ac-
count, and of stating the bases on which, in its opi-
nion, the structure of a solid peace might be reared.
The four principles already accepted by Russia have
always appeared to us to be the best initial point.
Only, and for the sake of warranting the workof peace,
and especially of avoiding the rocks on which the
last conferences were wrecked, we have deemed it
indispensable to develope the four principles in such
a manner as to render them consonant with the
general interests of Europe and facilitate the final
agreement by a more precise definition.
" The fruit of this labour is contained in the
document subjoined, which, from the fact of its
acceptance by the belligerent powers, will acquire
a value tantamount to the preliminaries of peace.
The signature to these preliminaries would be im-
mediately followed by a general armistice and
definitive negotiations..
Thisapprobation
lab
oo
fu
hisr
Majesty been
th Emperor,ho notu. honoured
fywoiut
your
theE x .
doing
so, on cbyy is
the
charged
court withofsi
its
so, the most pressing entreaties that it weigh well
its contents and communicate to us its determina-
tion,usaP, adding,resenai presentation for a
dcocie
which we consider of the greatest importance
to know as soon as possible. If, as we hope, our
propositions meet with a favourable reception, we
shall lose no time in warmly recommending their
acceptance at the courts of Paris and London, ex-
pressing at the same time the confidence we feel
that they will not use the right of eventually pre-
senting special conditions at the negotiations, save
in the interest of Europe, and to an extent such as
will not raise serious obstacles against the re-esta-
blishment of peace.
" We entreat the court of Russia calmly to ex-
amine the propositions we submit to it. We
shall not enlarge on the grave consequences
that would be produced by a refusal to enter
the path we open for it a second time, in order
that an honourable reconciliation may be effected
—a refusal that would entail upon it the weight of
an immense responsibility. We prefer relying on
its wisdom to weigh well the opportunity now
offered.
" We believe we are now interpreting the wishes
and true requirements of Europe. It remains for
us to appeal to the exalted sentiments of the Em-
peror Alexander, whose supreme determination
will decide the fate of so many millions of beings.
" His Imperial Majesty will, we are firmly per-
suaded, choose the part which appears to us to be
lithe only one consistent with the real interests of
his own people, and with the wants of humanity.
"Receive, &c., 46 COUNT B1:70L."