The Sun.
London, England, 1850-02-19 00:00:00

CHANCERY.-(THIS DAY.)

HUNTER V. NOCKUOLDS.—JUDGMENT.
The LORD CHANCELLOR gave judgment to-day in
this case, which came before him some time since upon
appeal from the decision of the Vice-Chancellor Wigram.
The principal question in this case was whether the
petitioner was entitled to recover the arrears of an an-
nuity for twenty, or only for six years. In a former
stage of the case the matter was referred to the Master,
who reported that the petitioner was only entitled to the
arrears of the annuity for six years, and,upon exceptions
being taken to that report, the Vice-Chancellor Wigram
decided that they were valid, and that the petitioner a as
entitled to the arrears of the annuity for twenty years.
Against this decision the parties appealed, and upon
that appeal the Lord Chancellor now gave judgment.
His Lordship was clearly of opinion that the Master bad
come to a right conclusion, and that the Vice-Chancellor
Wigram had not. He must, therefore, order the judg-
ment of the Court below to be reversed with costs.

MILLER U. PRIDDEN.
The further arguments in this part•beard case were
then resumed and occupied the Court the whole morning.

VICE-CIIANCERY.-(THIS DAY.)
(Before the Vice-Chancellor of ENGLAND )
BELL V. REA.
Tha further arguments in this part-heard case occu•
pied the Court tilt/ whole morning.
(Before the Vice-Chancellor ICRIGUT BRUCE.)
EYRE V. GREE.
The arguments in this part-heard case were resume 3,
and occupied the Court the whole morning.
The Vice-Chancellor Wigram did not sit to-day.

QUEEN'S BENCH.—(THIS DAY.)
(Sittings at Nisi Prius, at Guildhall, before Mr. Justice
ERLE and a Special Jury.)

♦USTIN V. THE MANCHESTER, SHEFFIELD, AND LIN-

COLNSEIRE RAILWAY.

In this case Mr. Humfrey was counsel for the plaintiff,
and the defendants were represented by Sir F. Thesiger
and Mr. Hawkins. _

The action was brought to recover the sum of 951. as
a compensation for the damage which the plaintiff alleged
h• bad sustained by the injury done to four of his
horses, which were being conveyed on the railway of the
defendants.

The plaintiff is a large horse dealer, and having pur-
chased twenty-one horses in Lincolnshire was desirous
of having them conveyed to London. He took them to
the defendants' railway station at New Holland, in Lin.
colnshire, where be contracted with the defendants to have
the horses conveyed from thence to London for
22L 10s. On that occasion he signed a printed agree-
ment handed to him by the station-master, by which the
plaintiff undertook to bear all the risk of injury to the
horses by conveyance or by the contingencies of the
journey; the company setting forth that they would not
be answerable for such injury or for any defect in their
carriages or trucks. Horses are conveyed generally on
railroads by what are called horse baskets, but on this
occasion it was the wish of the plaintiff to have his
horses conveyed in open trucks, the carriage in open
trucks being much less expensive. The people at the
New Holland station refused to carry the plaintiff's
horses in open trucks unless he would enter into the
special agreement with them, the substance of which hss
been stated. That agreement was then signed by the
plaintiff's partner on his behalf, the plaintiff himself being
unable to write. During the journey to London a
wheel of one of the trucks in which the plain-
tiff's horses were being conveyed caught fire and
es entually broke, and the result was that
four of the plaintiff's horses were more or less injured,
and one of the four ultimately died. The plaintiff now
brought the present action to recover the loss he had
sustained, which he estimated at 951.

On the part of the defendants it was contended that
they were not responsible for the damage occasioned to
the plaintiff's horses under the ordinary common law
liabilit y of carriers, that common law liability having
been done away with by the special agreement entered
into between the parties.
The case was proceeding when our report left.

EXCHEQUER.—(THIS DAY.)
(Sittings at Nisi Priuzl, at Guildhall, before the LonD
CHIEF BARON and a Commo❑ Jury.)
WOODS V. BIGGS AND ANOTHER.
This was a❑ action t) ob'ain damages f ,r an alleged
impropPr execution of a, distre ;a warrant, and also to re -
cover 264 Bs, 6d , the balanee claimed by the plaintiff of

the`
produce arising from a sale of goods under the
distresia
Mr. Cockburn and Mr. James appeared fur the lain"
tiff,and Mr Knowles and Mr. Pigott for the defendants:,
Ilia plaintiff is the widow and administratrix cv
Woods, a livery-stable keeper. who carried on business ii
South-street, Finsbury; and Mr. Biggs, the landlordof
broker
the premises occupied by her husband, aud a
named Harding were the defendants. It appeared ;
four quarters' rent, amounting to 1701., were in arrear,
and Biggs put in a distress warrant upon all the prupertY
in
the yard, consisting of horses, vehicles, harness, Se.;
but the value of the goods seized upon was
An greaterucphortion,
bowtehraeur, tohfe
tbaomporpt due.
the 2d er
and the remainder was sold by auction on
oven!
August, and produced 2311. 35. The total
claimed, according to the aa:count rendered, If(
204/
.14s. 6d., the rent being 1701. and the expo.o%i,
erotyf the debt
the distress, 341. 140. 6d., and the plaintiff sought '
was
action to recover the balance of 26/. 84. 61 which wsfil
abanaeo,„
so
paid to her husband during his lifetime. It was a
complained that the charge for executing the clisireavei
wai enormous. The deceased, it appeared, WaS r
persevering and industrious man, and had very 11211c"th id
creased thu business by his exertions; but aft' r "ti le
occurrence nea every customer fc biro, owing W., to
anroyanco to which they were all subjectsd
ad
seizure of their horses and carriages which had teb
it
left in the yard. The consoattence was ei
the business was irretrievably ruined. d
cumetance so preyed upon the . deceased's ;it
illness,
shortly afterwards he was seivdth, J
lness, which unfortunately terminated inhis dea
it was said he had died heart-broken. On the part
l had been a.
the plai
wantonutiff i and grosss abuseconten of theth powethere r
which thews
t wade data;-•
gave, alt.( aly sufficiently arbitrary, and that io this oe
tne. party aggrieved, or those who represented hisO, /via.
entitd to recover a ull amount of damges for tha,o
jury! ustained. Forf
tho defence it wasa contended
eh* distress was perfectly bons fide, and that the ~q
fondant had not been actuated by any ill. Will elf° r
the deceaed, and could not bo lamed for takinF r
benefit of the law in order to recover what was 311.1,rt
owing to him. It was true a great deal more P"P;
was taken than was necessary, but there
no proof that tt:e defendants had acted rep
lessly or wantonly, and the damagingall tir
to have been sustained by the parties withdr Die/
custom, arose not from taking an excess Pr°` stl
under the execution, but from the feet that a distressl
been made fir arrears of rent, a proceeding eves:
landlord was fully warranted in taking. la th,eal the
place it was contended that the excess could
nobttse
eyes of the law make the distress eppreseiraa b•
the they had to deduct from the propertyseize --- ,As
horses which had been sent to
stable
for
sold, and which could t legally be made aTaibi.o`b:
rr erlf
the purposes of the teat. The broker had iwP-"
,pon
seized h eized upon these horses, and he was the person
Bible for the illegality of the proceeding. If t-°2crop boreal'
erti
s
had been excluded from the inventory then the Po.ll' s re
left 'you'd not have exceeded in value wh4 a
quired by the landlord in satisfaction of his rea-ha
Tae Learned Jaaaon having summed up,
after a brief consultation, returned a verdie;
plaintiff fur 501.

B IV- S T E T.— (11 HIS PAalf.'ywith
Dennis Lloyd was charged before INir. r•
the following brutal assault:— 1 °'
eil3P °Viet'
James Mitchell deposed that he was in the
Mr. Thomas, the :.ews-agent, of Catherin,rsooork
Strand, and that his general occupation in the s."e gig
was to carry the second and third editions of thei,u,:erest'
papers from his master's place of business to
office. The lateness of the hour at which the see°,. -fifteeli
lions were struck off only leaves him ten e'.,;th
minutes to travel that distance, about a will, ;is ;
immense bag of papers on his shoulder. Tn,..s to
ase last evening, and fearing that he would ;
was hurrying on along Liclywell-street, virtesmoio I
midway the prisoner, who had charge of a van'i; bit /1
in the opposite direction, ran violently 844-- et
10i
and nearly knocked him over. Ile, however' t°
s°°l
dispute and delay. was about to go on, when the„Prrigeig, :1
rushed at him and lashed him severely seven Co 'a."
times round the body with the thong of his gmr-, 01
whip. A police-coast able came up at the ine'7 110
the prisoner was removed to the station. but he `;th to
secutor) was hardly able, from the injuries reee,gewo
do his work. Had he been late onejsecond 2tea 0 jtil
bavo had to pay postage the On the papers to
of between 21. and 31. brine
"13
A gentleman corroborated the above, t' a ea'
II
nessed the assault, which he termed savage '
Creme. • 'bi A
The bruises on the prosecutor were plainly Lig,,,l nh°,l,
Mr. JARDINE remarked that he was sorry NI 3
in his power to send the prisoner to gaol, but to t,
would fine him 405., or three weeks' imprisontne"
AMERICAN NEVI'
0,
LIVERPOOL, 0 t:
The following important news, bringing "•1;051°--f
days later than our files, per Niagara, fr°°ll.fr Pe;-t
and New York, has been forwarded from Illsj
private letter, to a correspondent in Live 1,3
having been telegraphed to Halifax just ssi,jv itlte;
agra was about to sail. Its details are /lig";
follows resting.(B y Electric T
Telegraph letter of our corresPoden'
from New:o:ark.oltee:7l;:eiibef
" I have telegrapheTdeldTsrpeaPthchlfils ce'
114*"."1-I'Y'or
is
Bimopstoorntaanstlate as 5 P.M. this evening' The
111113,51
charrres,
" The steamer Empire City, from
rived with California dates to the Ist of Sanuari,
from 2,000,000 to 2,500,000 Gf gold dust. for tld
" Operations had nearly ceased at the mince go
season, on account of the snow and rain, but
news is not less satisfactory than heretofore. Veue'
"The State Legislature was already fully orgah itierP
"The lately draught ed Constitution, excluding 6 a 0
has been accepted by 12,000 to 8,000 votes. if t 3
" Senators and Members of Congress had e'd-(1.111'13
New York by the Empire City. Fremont an
had been the successful candidates for Seent°r.i. at 51
There had been a tremendous conflagration °
Francisco, which destroyed
etJw
soenvoetr
ne embrace I,o:opor,hnoeroorsetdollars.
pean tarse rd :pew: oatpihteiern
statetgy a o
oft
egb
rea
would rectetiiiiviesehNoanciacgobuaornaart.d about 1,000,000 dolls'
du,s,tsoinneße
declined to -1 tre.
there are free
cent.,
and
dfrom Bostore3e,nceortsl vole 0.0

" No change in flour or grain.
American stocks rather better.
" Money-market buoyant."

TIER MAJESTX'SIA' 1::
VISIT TO THE of" eit
TnEATRE• The 'Queen and his Royal "t the
Prince Albert honoured the French Pjar; •-id Iv
Countesspresnee JoaitmeovuenntinEad.
o.eTeuhme
htytahlesuuiotne.comnsisissteds ,710,10e,e1
C
the Marquis of. Ormonde, Colonel Ilucklen
Gordon. Alre fire.
11-
°`
NORTH STAFFORDSHIRE RAILVAT.---:,
quested to state that the members of the 4-'°v".--• (.1-',44:01.•
Inquiry appointed by the directors are Mr' 011
tar Rowe, barrister-at-law, Mr. Harrison 1315irt yL
and Mr. W. 11. B. Barwise, accountant.
„is or ty
THE GREAT EXHIBITION OF THE Igprs,oC 611
51
NATIO/U.-12110 Council of his Royal linigt-of 5.461$
Prince of Wales have authorised the 1)003 e"" this
scription of 2501. to the fund for prom
national obj,ct. if•e
, Mg. SERGEANT'S BOOKS, PRINTS, AN
.Ithgwi",.f
PS`t. OD,
-This well known collection was sold by P°Zieet-o'neges
Barrett, the book and print auctioneers of -4- d
thetoolp-
Thursday last, and two following 1,/30er'5..1,173r
_ more remarkable lots was a copy of col°-,helli
land and Wales, India proofs and etcbilrg,t
fo io, which sold fir 64 guineas; Turner t:
Coast, India proofs and etchings, 70 guiatt;"' 00 fajia
copy of the Same work, proofs before lettere:op ois
proofs,PaPer, 5156/1 the.;to g Illustrationsers,s tlotaTiyurnees Ile''
Bluer." I ill. ore
Proofs, 61. 125.; Le Brun Gallery, 3 /715.:rber..0joil
Strutt's Manners and Customs, 3 volo•
also a great number of book plates ins o', lie Pilled
also
sold remarkably welt. Theen Ting °I OtgY 11';
gra ,
Politicians, by Wilkie, India proof, i''letterthtterh
Drovers, by Landseer, proof before sbebefore lePre
David? about3l
Charles the First with' the Horse, proof proof ogigbs
•
the Offspring
xo7:f f.
asepnaraci
each,
Georgeof
d Love,.
letters, 111. 10s. The drawings by ve'ior food
sale brought Ca
, as r. also those .rb
the wholet t
remarkablyermol /be. ;os o

Onon tthheo
William Boys, of97lllllllll3det
the----at
Coastßam(?uaartde„
:file,
500.cotifilt
of thelßnsetv..9
71t,hthinst. BIRTH."' lady ° wofora
of J. H. Tuke,
On the 13th inst
the wife -
ton, the wife of W.9neer
On the 13 h .
ji
.00Inn, a
ttt
hht
ieen
811055nttthhhEi 0 f
aadlatairctusisi:fildti:oltneteinee:ynn,
Esq.,.:el:alat
hEce,rfc, I.o4ofrd.)a::tuorg..:::(l.tioltei::::: : pile
, i inst., at Nicholas-house, vrooP-
e Onslo h ouslo~.sger• „. of ~•
air, of a dau inst., C.
Ryclol, Isle of Viig
, sq., of a daughter. Wife 0f "3°l:
oa. the 15
B 1 ' g.inhetter,.in. Moritag,-u-suare,
tthhoe
wh • -for
•re of til°
inst., at Thornharn, gent' r gorti".
E. K. Barney, of a son.
street, Cavendish-square, of a daughter.
On the 16th inst., the wife of Dr•
Gardner, °'

giaOnna,thel2th inst.,
it AR RI ED. er. square' crio'iti;
thelateeyvrasicile. lat St. George's, Ilan°, of Be
daughter of the late R. P. Pge, gottegt
ua
raer and New Orlenns, to Monsieur 'Victor sc.,o
eamhiiennes, France, Officier de la Legion o'flool,..oeof
neunfr he 12th inst., at St. Mary's Church, NirarivL,,„r
sisofGli3bibriensi,nugshcia.rno,
ftokiEanrelisylyo,osrie,clronocirkust:;cre'e.

BaOronn ---------- Fill/Icj-
DIED. c kriJge,
tclhoodloltphhiinn.st., at Gogmagog-hills, au' tile,
end
On the 15th inst., Marv, the wife of John. e_ba.iPoPlace..o,
Esq., F.R.C.S, of New Cavendish-street, porVfLuLt;cl,
,Iviu
third
dn
dthaueglhsttelri inst.,ofitElwell.
Esci.,sn
aged
4,,1‘,.1i5.,,,-
1.1
jam
at anirner , ?
VC°
KEselqn)rn:iat:hgeetdoin7s.7tch. inst.. at Cambridge-torraCef V"
vet,
porls'
On the l',t,hrosisrt,st.,,zdMero...Tames liarrisorl: 0f
t Dd(
T vAi ts,:i-i icarsetslied eannede Rine
T i 1
ISunosuste:h, ao:es
ed, 7i : ,
tGhe le icelybl3r -3
rt . 1101:
u leyinb: ebrl
ealtakline:,±s.seuerorne3d, son of the late Sir Francis Blake',,t. -;.,for:
of chip'
Lambeth,
the 15th inst., aged ,!5, Mr. W. G. Rolfes, (?,.t.Cli. 1.,...
London : Printed' aanndd IP''euabeililsl:::- by itdai:l:f--Ji t7----:(:1 1::
—_—__ _ _ 1,..4.0,7,45,,
00- ty
No. 112, Strand. Printer, .I,t Tie SIM st' ~n
FtrAnd. in the procinct ~f. the 5,„.,,. in uo
Bliddlooem, Tuestlgy, February,l9, 1.854'