The Sun.
London, England, 1866-01-05 00:00:00

THE SUN, I.4ONDON„ F.RIDAY EVENING, JANUARY 5, 1866.

waited another year or two before coming to terms
with the London, Chatham, and Dover. Even if
this undertaking began seriously to stint the traffic
and aggravate the working expenses, it is not the
less certain that an enormous outlay had been in-
curred by the South-Eastern upon metropolitan and
Kentish extensions, and that terms were concluded
with the rival network before the utility of those
extensions had been tested as a means of dealing
more effectively with the competition offered. The
result is this :—Eight or ten years since the South-
Eastern was a prosperous company, with a brilliant
future. Ever since it has been taking upon its back
burdens grievous to be borne, while it has now ap-
peared as a kind of ally of the very undertaking which
it has been endeavouring to crush. This is generally
the case with foolish railway contentions ; after end-
less wranglings in committee-rooms, and frantic
struggles out of doors, competing companies become
loving friends, and make a submissive public pro-
vide, in heavy rates and fares, an interest of some
kind upon their lavish and unnecessary expenditure.

RAILWAY INTELLIGENCE•

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ILLINOIS CENTRAL.

The directors of this company have resolved that
a dividend of 5 per cent. in cash, free of the Go-
vernment tax, be paid on the Ist February next to
holders of the paid-up shares in the books of the
company on the 20th inst.

SOUTH WALES AND GREAT WESTERN DIRECT.

The half-yearly meeting of this company was held
yesterday at the offices, Westminster-chambers,
Victoria-street, Mr. A. Darby, the deputy-chair-
man, presiding.

The secretary having read the notice convening
the meeting,

The CHAIRMAN said itwould not be necessary for
him to detain the shareholders by any lengthened
observations, as sufficient time had not yet elapsed
since the passing of the Act for any other than pre-
liminary steps to be taken. Two opposition schemes
had been proposed, but he believed the scheme for
another high-level bridge across the Severn would
most probably fail on standing orders, and the other
project, which was for an opening bridge, seemed a
very absurd one, especially after the accident at
Neath.. He believed that the works of the line would
shortly be commenced, and that the railway would
be most successful, both as regarded the interests of
the public and the return to the shareholders.

A vote of thanks to the chairman concluded the
proceedings.

PONTYPOOL, CAERLEON, AND NEWPORT.

The first general meeting of this company was
appointed to be held yesterday at the Paddington
station, but there was not a sufficient number of
shareholders present to constitute a meeting. It was
stated that the proposed line would be a short one
from the Great Western Railway at Pontypool to
the same line at Newport, forming part of a
route between Newport and Staffordshire. The
line would afford accommodation to various im-
portant works in the Valley of Afon Llwyd.
The company intended to apply for powers
in the ensuing session to construct a branch rail-
way from the authorised line to the east side of the
river Usk, which would afford important. accommo-
dation to the iron trade of Newport.

some empty waggons in the goods yard ; but, for-
tunately, it was not necessary to carry this plan
out. The prompt action of Gilchrist and Baty was
most commendable, and they are certainly entitled
to the thanks of the directors for what they did.—
Newcastle Chronicle.

Royal National Lifeboat Institution.

-4.

Yesterday, a meeting of this institution was held
at its house, John-street, Adelphi, Thomas Chap-
man, Esq., F.R.S., V.P., in the chair. There were
also present Sir Edward Perrott, Bart. ; George
Lyall, Esq. ; Colonel Palmer ; W. H. Harton, Esq. ;
Capt. Ward, R.N., inspector of lifeboats to the in-
stitution ; and Richard Lewis, Esq., the secretary.
The minutes of the previous meeting were read.
The committee expressed their deep sympathy
with the two widows and five orphans of the poor
men who perished by the capsizing of the Lizard life-
boat, during a hurricane on Tuesday last, and voted
£lOO in aid of the local fund raising for them. The
lifeboat, it appears, was completely wrecked on the
rocks, and a new lifeboat was ordered to be sent off
by the institution to replace it in a few days. In a
large fleet of 153 lifeboats casualties must, it is
feared, be occasionally expected. It is, however,
gratifying to know that they are unusually rare,
three only, including the Lizard one, having oc-
curred in three years, with the loss of six lives, and
that the lifeboats of the institution during that
period had been manned on occasions of service and
exercise by upwards of 18,000 persons.

Rewards amounting to £l3O were granted to the
following lifeboats of the institution, for saving life
from shipwreck during the recent gales :—The
Albert Edward lifeboat, presented by the city of
Bristol to the institution, and stationed at Pad-
stow, rescued, under most difficult circumstances,
the crew of 17 men of the barque Juliet, of Green-
ock, -which was wrecked off Padstow during a strong
gale from W.S.W. on the 29th ult. This lifeboat is
named after his Royal Highness the Prince of
Wales, in accordance with the desire of the citizens
of Bristol.

The third-service clasp was also voted to Mr.
Daniel Shea, chief officer of the Coast Guard, at
Padstow, and the silver medal of the institution to
Mr. William Hills, the coxswain of the lifeboat at
Padstow, in recognition of their brave services in
the lifeboat on this and previous occasions.
A letter was read from Gen. Knollys, expressing
the great satisfaction of his Royal Highness the
Prince of Wales at this valuable lifeboat service.
The Arundel Venables lifeboat of the institu-
tion, stationed at Arklow, Ireland, rescued 34 men
belonging to the ship Tenissarian, of Liverpool,
which was wrecked on Arklow Bank during a gale
of wind from N. on the 25th ult. This was another
very meritorious case, as the sailors were taken off
the rigging in a very exhausted state. The silver
medal of the institution was granted to Peter Kava-
nagh, the coxswain of the Arklow lifeboat, for his
general brave services in the lifeboat in cases of
shipwreck. The Wexford lifeboat saved four men
from the steamer Barbadian, of Liverpool, which
was wrecked on the Blackwater Bank, during a
S.S.E. gale and heavy sea. This was likewise a
most gallant service. The lifeboat, owing to the
violence of the waves, was repulsed five times in
succession, and the sailors, when taken off, were in
a very exhausted condition. The Providence life-
boat, stationed at Dungeness, rescued the . crew of
six men and a boy from a French vessel, the Dieu
Protege Alexandre et Jein, of Dieppe, which was
wrecked off Dungeness during a gale from S.W.,
on the 31st ult. The lifeboat was reported to have
behaved remarkably well on the occasion ; while re-
turning from the wreck with the shipwrecked crew
she was struck by three heavy seas, which filled her
twice, at the same time washing the French boy
overboard. The lifeboat's crew, however, succeeded
in reaching him and dragging him into the boat.
The Tyrella lifeboat saved the crew of five men
of the schooner Daniel O'Connell, of Arklow ; the
People's Journal lifeboat, stationed at Peterhead,
rescued one man from the schooner Wilhelmina, of
Veesdam ; the Newbiggin lifeboat rescued the crew
of nine men of the brigantine Neptune, Delaware,
United States ; and the Hauxley lifeboat saved the
crew of four men from the schooner Tom Cringle,
of Thurso.

It was also reported that the Ramsgate lifeboat
had, in conjunction with the steam tug Aid, rescued
under very perilous circumstances the crew of seven
men of the Dutch brig Zeeploeg, of Hoogez, whirl
was wrecked on the Goodwin Sands, during a gale
from E.N.E. and heavy swell on the 15th ult. The
same lifeboat also went off on the 30th ult., and
succeeded, after much difficulty, in saving the crew
of 16 men of the barque Norma, of Bremen, which •
had also struck on the Goodwin Sands during a
fresh breeze from S.W. to W.

It appears that during the past year the lifeboats
of the institution have altogether saved 532 lives,
besides bringing 20 vessels into port. In addition
to this it has granted rewards amounting to £l2O
10s. to the crews of shoreboats and others for res-
cuing 182 persons during the same period ; thus
making a grand total of 714 lives saved during the
past year through the instrumentality of the Na-
tional Lifeboat Institution.

Rewards amounting to £B9 were also voted to
pay the expenses of the lifeboats of the institution
stationed at Broughty Ferry, St. Andrews, Fraser-
burgh, Whitburn, Ballycotton, Wicklow, Tyne-
mouth, Lytham, and Southport, for putting off to
render assistance to vessels in distress, or for going
out in reply to signals of distress from different ves-
sels, which, however, had afterwards got out of
danger.

Various other rewards were also granted to the
crews of shoreboats and others for saving many
lives from different wrecks on our coast during the
past month.

In the same period the institution has sent new
lifeboats to Courtown, on the Irish coast, and to
Arbroath, on the Scotch coast. Two lifeboats were
also about to be sent away to Hauxley and New-
biggin, Northumberland, a free conveyance having
been given to the two boats by the Great Northern
and North-Eastern Railway companies.
A benevolent lady had recently presented to the
institution the cost of the Worthing lifeboat estab-
lishment.

The late Captain Sykes, RN., had left to the
society a legacy of £lOO, free of duty.

The demands on the institution continue to be
very heavy. The society has also a number of new
lifeboat establishments in course of formation, which
will involve a considerable outlay on theinstitution.

The accounts of the institution for the past year
were ordered to be sent to Mr. Begbie, the public
accountant, who has been the auditor of the society
for the past 14 years.
Payments amounting to £2,000 were ordered to
be made on various lifeboat establishments.
A cordial vote of thanks having been given to
Mr. Chapman and Sir Edward Perrott for their able
conduct in the chair at the meetings of the institu-
tion during the past year, the proceedings terminated.

CADVEItTISEMENT.I—Consumption, and all nervous, bilious
stomach, and liver complaints, in every stage, are only ag-
gravates and accelerated by drugs of every description, but
perlecAy curable by Du Barry's health restoring Revalents
Arabica Food, as proved by thousands of cases which nad
been considered hopeless ; such as indigestion (dyspepsia),
cough, asthma, cansumption, habitual cmstipation, di arr.
hcea, all gastric derangements, heernorrholds,, liver com-
plaints, flatulency, nervousness, biliousness' fevers, sore
throats, diphtheria, catarrhs, colds, influenza, noises in the
head and ears, rheumatism, gout, Impurities, eruptions,
hysteria, neuralgia, irritability, sleeplessness, acidity, pal-
pitation, heartburn, headache, debility, dropsy, cramps,
spasms, nausea and sickness even in pregnancy or at sea,
s.nking fits, bronitilis, scrofula, tightness of the chest,
pains in the pit o. tha stomach ;nd between the shoulders,
1%?. We quote a few.—Cure, No. 46,270. Mr. James Roberts,
timber merchant, of Fria/ ley Surrey, of hirty years' disease('
lungs, spittim; el blood, liver derangement and partial deaf-
ness.—Cure, No. 47,121. Mies Elizabeth Jacobs, of extreme
nervousness, indigest.on, gatherings, tow alphas, and nervous
fancies.—Care, No. 1,771. Lord Stuart de Denies, Lord-Lieu-
tenant of Waterford, of many years' dyspepsia.—No.49,B32.
Fifty years' indescribable agony from dyspepsia, nervousness,
asthma, cough, coast patio a, flatulency, spasms, sickness, and
vomiting—Maria Jolly.- Cure No. 54,816. the 11ev. James I'.
Campbell, Fakenham, Norfolk, of indigestion and torpidity
of the liver, which had resisted all medical treatment
In tins, 1 lb., 2s. 9d. 21b., 4s. 6d ; 51b., Its. ; a2lb., 228.; .?.41b.
40s.—Barry Du Barry and Co., N 0.77, Regent-street, London;
also Philli tea dealers, Et, King William-street ; likewi e
at 61, Gracechurch-street ; 4, Cheapside; 49, Bishopsgate-
stre,t Within ; 63, 150, and 298, Oxford-street ; 330, Strand;
51, Upper Baker-street ; 103, Tottenham-court-road ; 96,
Upper-street, Islington, N. ; Harvey, Notting-hill ; Close
Brothers, 6s, High-street ; and Stubbs. Queen's-terrace, St.
John's-wcod, London ; and all respectable grocers and ohe-
zuists.—Beware of spurious imitations.

The Metropolitan Building Act,

Mr. Rigby, builder, appeared before Mr. Knox,
at the Marlborough-street Police-court, to answer a
summons taken out by Mr. Kendall, district sur-
veyor, for not complying with certain requirements
of the Metropolitan Building Act in the rebuilding
of Saville-house, Leicester-square.
Mr. Raymond, instructed by the solicitor of the
Metropolitan Board of Works, appeared to support
the summons ; and Mr. Sleigh was for the defen-
dant.

After hearing the arguments of counsel,
Mr. Knox said—Saville-house was burnt clown on
Feb. 20, 1865, and of the building after the fire
there remained the two party or west and east walls,
partially damaged by the action of the fire, the front
or south wall towards Leicester-square, and the
northern walls of the building, also to a considerable
extent injured by the fire; indeed, the-north wall

cf the front building was wellnigh wholly destroyed

The roof and floors were gone, and for all practical
purposes connected with the discussion of the sum-
mons it may be said broadly that the interior of the
building was destroyed by the fire. Of Saville-
house nothing remained but the dilapidated shell.
With this exception, Saville-house was left by the
fire a mere heap of ruin. Now, the law is, that
" wherever any one building has been taken down
to an extent exceeding one-half of such building,
such half to be measured in cubic feet, the rebuilding
thereof shall be deemed to be the erection of a new
building, and every portion of such old building that
is not in conformity with the regulations of this act
shall be forthwith taken down." These are the very
words of the act ; but though the terms used by the
Legislature would appear at first sight to be clear
and explicit enough, yet, as it has turned out, almost
every phrase has become the subject of keen and
anxious discussion. The most important questions
raised arc three in number :-1. What is a building
for the purpose of the act; 2. What extension, if
any, should be given to the term used in the act of
‘A pulled down ;" 3. How should we proceed in order
to measure the contents of a building in cubical feet.
Other minor points have been raised, but upon the
conclusion I may arrive at under the three heads
just named my decision must turn. First, then,
what is a building ? Is it a shell—the four outer
walls ; or is it these with the addition of the floors
and roof ; or is it all these, and whatever else is
contained within these six limits ? I see no reason
for any variance between the conclusions of com-
mon sense and usage and the conclusions at which
I must arrive, after a careful perusal of this
statute, as to the intentions of the Legisla-
ture. As far as may be, I would let the statute
interpret itself wherever we are left to seek the
intentions of the Legislature, without help from the
preliminary definitions. In the present case, how-
ever, definitions do help usin an indirect way. I find
among them that "the area of every building shall
be deemed to be the superficies of a horizontal sec-
tion of such building, made at the point of, its
greatest surface, including the external walls and
such portion of the party walls as belong to the
building." Here, then, the external walls and party
walls are spoken of by the framers of the act in such
a way as must preclude the idea that they -looked
upon the shell of the building and the building as
identical. It may, perhaps, at this point be best to
add that I have not considered it necessary to go at
any length into the discussion as to the attached
buildings, inasmuch as, though the point were found
for the defendant, it would not better his case. I
should, however, add thaton personal inspection the
attached buildings did not exceed the height of the
ground flooring, and, therefore, cannot be taken
into acccount in increase of the cubical contents.
Next, when can a building be said to be pulled
down? Is it necessary, as contended by the learned
counsel for the defendant, that the meaning must
be confined to occasions where a building has been
pulled down by the hands of workmen acting under
competent direction and of set purpose ? or does it
mean if a building is levelled with the ground by the
act of God, as by lightning ? or, as with Saville-
house, if destroyed by fire ? or even if it should fall
to the ground by sheer decay, that then it shouldnot
be re-erected in conformity with the provisions of
the act ? Surely such an absurdity could never have
been intended, as that if a ruinous building should
tumble down because it was ruinous that it should
be sufficient to restore it to the condition in which
it was the moment before it fell. I have little of my
own to add to what was urged by the learned coun-
sel for the complainant on this point. I do not con-
sider the act under review as a penal act, although
it contains penalties. It is an act intended for the
protection of the public out of regard for existing in-
terests, it does not, save as far as the provisions for
" dangerous structures" are concerned, interfere
with old buildings ; but, when they are once down,
it enacts they shall be re-erected in conformity with
the provisions of the act. It is a statute that should
be read liberally for the public protection. Such, I
feel sure, was the meaning of the Legislature, and
although the term used might have been more com-
prehensive, it is, I think, sufficient to justify the
view that when an old building is once down any
re-erection snould be considered as within the mean-
ing of the section of the act now under review. Sa-
ville-house, then, is a building—an old building—
which has been "pulled down" within the meaning
of the act. I now come to the third point, which is
as to how the cubical contents of a building should
be measured. I should have thought this plain
enough, according to the calculation of height,
length, and breadth in the usual way. I cannot but
say that, as it seems to me, a good deal of somewhat
perverse ingenuity has been employed in making
that obscure which is sufficiently clear. lam not
here to inquire into the methods of calculation
employed by professional men, save in so far as I
ask myself if they or any of them carry out the in-
tentions of the Legislature. If they do this lam sa-
tisfied. If not, I reject them. I say that what
must be calculated is not the solid contents of the
containing limit, less the roof and floor, but that it
must include the space contained within these limits.
Take advantage of the shell as an instrument of cal-
culation, it is little more. The methods propounded
by the district surveyor, and Mr. Nelson, the archi-
tect of the building, appear to me equally faulty,
inasmuch as both of them ignore the proportions of
the building contained within the walls, as floors,
roofs, staircases, &c. The district surveyor has, I
think, withdrawn his calculation as based on a faulty
method, and he has done well. Of Mr. Nelson's
plan it is sufficient to say that its result is a reductio
ad absurdum. That gentleman appears to have
proved to his own satisfaction that half of Saville-
house is standing. I can only say I was there last
week, and I saw several large portions of the build-
ing represented by walls in a ruinous condition. One
portion of a party wall had received a new facing,
but I cannot say I had any very robust confidence
as to what lay beneath. The fire must have
acted very partially indeed if it treated three of
the walls in so unhandsome a way and left the
fourth in a sound condition. But to return to the
more immediate subject. The method propounded
by Mr. Reeves, the Surveyor to the Metropolitan
Commissioners of Police, has this advantage, that it
actually takes account of the cubical contents of the
building, and does so in a satisfactory and scientific
way, which cannot, as I think, be impeached. If,
then; I am right in the view that the term " build-
ing" in the act means the " entire building," and
not merely the shell, it is obvious that, upon Mr.
Reeves's method, very considerably more than half
the building is gone. Saville-house must be recon-
structed according to the conditions imposed by the
Act of Parliament., and every portion of such build-
ing which is not in conformity with the provision of
the Act now under review must be taken down.
Judgment must, then, go for the district surveyor,
which will be in the form of an order to comply
with the requisitions of the summons in the usual
way.

Mr. Sleigh said he would take a case under the
106th section.

Mr. Knox—You are at liberty to do so, provided
the points raised are purely points of law. The only
point before me is as to the meaning of the words
"taken down." The builder will, of course, give
security for costs, and an undertaking to desist in
the meantime from all works the subject of discus-
sion in the present summons.