The Sun.
London, England, 1850-08-06 00:00:00

13. Great Marlborough-street.
[R. COLBURY'S LIST
OF .NEW WORKS. •

I.
THE TRUE TZET,IGTON. By the celebrated JOHN EVELYN.
Now First Published trout the Original MS. 2 vols. 2ls. bound.

GE HA Its Courts, Camps, and People. By the Baroness
BLA:f.E DE BURY. 2 vols. On the llth.)

The YEAR-BOOK of the COUNTRY: or, the Field, the Forest,
and the Fire-side. By WILLIAM nowar. With Illu,trAtions.
10s. Gd.

IV.
LIGHTS and SHADES of MILITARY' LIFE. Edited by Lieut.-
General Su' CHARLES NAPIER, G.C.13., &c. I vol.

- ---
V.
The WANDERER in ITALY, SWITZERLAND, FRANCE, and
SPAIN. 11y T. ADOLPiIUS TROUOVE, I vul. 10s. lA.

POPULAR NEW NOVELS.

PETTICOAT GOVERNMENT.

By Mrs. TROLLOPE.

.111ELAIDE LINDSAY. Edited by the Author of "Emilia
Wyndham."

111.
The TRAVELLERS; or Mornings at Matlock. By It. SIIEL.
TON MACKENZIE, D.C.L.

IV.
OUR COUNTY. By JOHN MILLS, Esq. Auther of " The Old
English Gentleman." (Just ready.)
Henry Colburn, Publisher, 13, Great Marlborough-street.

NEW WORK BY MRS. JAMES' tN.
Just published, in 1 vol. square crown. Bvo., illustrated with 11
Etchings by the Author, and 84 Woodcuts, price 28s. c'oth,
LEGENDS of the MONASTIC ORDERS, as
represented in the File Arts. Forming the Second Series of
" Sacred and Legendary Art." By MRS. JAMESON.
Also, by MRS. JAMEeON, nearly ready,
SACRED and LEGENDARY ART. First Series; Illustrated with
Sixteen Etchings by the Author, and numerous Woodcuts. New Edi-
tion, in one Volume.
London : Longman, Brown, Green, and Longmans.

FR,EE ADMISS [ON to the BIRMINGHAM
EXPOSITION.
This Exhibition of British Art and Manufacture was visited by his
Royal Highness Prince Albert, her Grace the Duchess of Sutherland,
eV by all the leading mes*ers of the Nobility and Gentry. and ex-
c,ted great admiration from the progress in Meta's, Statuary, Porce-
lain, moves, Candelagras, &c. This magnificent collection, with
many additions, have been transferred to spacious premises purposely
rebuilt and arranged for their reception at 89 and 90, Cheapside, un-
der she superintendence or Messrs. Benetilnk and Jones, and during
the past week has been re-visited by the same illustrious personages.
Open daily from 'fen o'cluck.—Admission Free.
Entrance in Ironmonger-lane.

ROYAL POLYTECHNIC INSTITUTION.
During this week the ALPINE SINGERS from Styria will
per-orm several 01 their National Melodies, daily at Four, and in the
Evenings at Half-past Eight.—Lecture on Chemistry, by J. H. Pep-
per, Esq., daily at a Quarter-past three, and in the Evening at Eight,
illustrating the Ancient Fiery Ordeal and the Handling or Red Hot
Met...;.—Lecture by Dr. Bachhoffner on Voltaic Electricity, daily at
Two, and in the evenings at a Quarter-past Nine.—New Series of
Dissolving Views illustrating some of the Wonders of Nature, daily
at Half-past Four, and in the Evenings at a Quarter to Ten ; also
a Series, exhibiting Scenes in the Arctic Regions and Ceylon, daily at
One o'clock.—Diver and Diving-bell, &c., &c.
Admission, la.—Schools, Half-price.

CREMORNE GARDENS,
On the Banks of the Thames at Chelsea.
Open Daily at Three o'clock.
Sundays at Half-past Four. No charge for admission except by
Refreshment Card—Sixpence.
Director, Mr. T. B. Simpson, Albion, Great Russell-street, Co-
vent-garden.

THIS DAY, August 6,
A Gala, and many thousand additional lamps Dancing to Borini's
Band. Ballet " The Origin of harlequin," by the Dentin's. New
Groupings from the Antique. The American Colossus, the largest
man hi the world, will exhibit every evening. Mons. Desirais'
Wonderful Dogs and ➢fonkies, with an entire change of their ludi-
crous performances. Madame Antonio will make her marvellous
Ascent in Fire.

A Party of Ladies, conducted by Mrs. Graham, will make a Night
As ;ern on Wednesday. August 7, with fireworks from the car.
On Thursday a grand Assault of Arms, superintended by M.
Gillemand and Prevost, the greatest Fencers in the world. Small
sword, single-stick, broad sword, cleaving a whole Sheep in two, the
bar of lead, and scarf—sword and target opposed to the bayonet.
On Friday a repetition of the entertainments given to the Nepaul-
ese Ambass 4 dor.

On Saturday a MONSTRE BAL AL FRESCO, and every
Saturday. Dancing from IL-dr-past Six till Eleven o'clock (superin-
tended by Six Masters of the Ceremonies), to Borini's Band of Fifty,
Leader, Mr. R. Hughes, of her Majesty's Theatre. The Arena and
Orchestra will be gorgeously illuminated, forming a most brilliant
as fairylike scene. No charge for admission except by a Shilling
Retres went Card.

Ladies and gentlemen can here enjoy the health-promoting ele:ant
exercise of the graceful bow, with the advantage of proper instruc-
tion, gratis ! Shooting three dozen arrows, Is. Matches for Dinner,
\Vine, and a Prize Bow are always open. Tickets, 10s. Gd. each, to
be had of Mr. Teetgen, Archery Manufactory, 164,11ishopsgate-street.
The attention of the French in London is particularly requested to
this metronolitan ducosse.

The grand Bowling Saloon of this establishment is open free to the
Public.

N.B. The Mammoth Sycamore, the Largest Tree in the World,
on the River Esplanade.

The Magic Cave—Archery —The Shooting Gallery—Barns's Cot-
tage, with Groups of Figures illustrative of his Works—Summer and
Winter in the Arctic Regions—The Maze—Statuary of the finest
Classical description, &c., &c.
A Table trilote on Sundays at gix o'clock—Half-a-Crown.
Cremorrie can be reached by road or river for 3d.
A Boat leaves Battersea-bridge every Night after the Fireworks.

LAW INTELLIGENCE.
HOUSE OF LORDS, Aug. 5.
GLASGOW, BARREIEAD, AND NEILSTON DIRECT RAIL
WAY COMPANY, APPELLANTS.
THE NITSIIILL COAL CoMPAIIY, RF.SPONDENTS.
This case arose out of the following tarts:—The rail.
way company ob7ained their Act in the year 1845. I.
constructing their railway they entered up-art arid occu-
pied certain parts of the lands of Herm:hill, in the
county of Iterittew, the minerals in which had been le-
to the coal cemperty under a lease fer el years. In
panic:ller they t ,ok possession of, and began t t till up.
to a great extent the Nitshill quarry, which contained
valuable c ,al anl eteer lying at a depth
and utuelly
wrouget with the f•ee stone, which were
includiel in the coal company's lease, and as these
minerals were thus render- d uses ss and unevaileb!e to
the coal company, a claim was made by them against the
railway company for compensation. IL was arranged
between the two companies that this claim should be
referred to arbitration in terms of the Lands Clauses
Consolidation , (Scotland) Act, 1845, and the Itailmays
Clauses Consolidation (Scotland) Act, 1845. Accord-
ingly, a regular deed of submission was entered into, of
dates 16th and 23d October, 1846, whereby the parties
referred tall claims of compensation and damages what-
soever due by the railway company to the coal coaspany,
in coma quence of the Operations of the former, to Wil-
liam Murray, Esq.,
named by the railway company,
and James Drummond Esq., named by the coal
company, or to an oversman, to be named by them
before proceeding to act. This deed was signed
by Mr. John Tennent, secretary of the railway
company, " for and on behalf; &c., as autho-
rised by the said railway company," the secretary being
by the Lands Clauses Consolidated Act the party under
whose hand " every appointment of an arbiter shall be
made on the part of the Company." Nothing was done
under this submission until 25th November, 1846, when
it was for the first time laid by the railway company
before the arbiters, and
.as the time within which the
arbiters could decide in terms ot the Act had already ex-
pired, Mr. Tennent, on behalf of the railway company,
along'with the coal company, subscribed a minute on the
backof thesubmission of that date, whereby. they renewed
and prorogated the same, and requested the arbiters to
proceed. Of the same date the arbiters accepted of the
submission, and appointed their clerk, and they further
appointed William AVCreatb, Esq., mining engineer at
Bargeldie, as oversman or umpire. The arbiters tden
proceeded to hear parties, who both laid a long proof
before them, and on the 11 th January, 1848, having
differed in opinion, they devolved the matter upon the
oversman. In the mean time, to keep the proceedings
alive under the Act, various renewals anti prorogations
took place by written minutes, subscribed as before
mentioned, the last of which renewed and prorogated
the same for two months farther after the 12th of Janu-
ary, 1848. The umpire, with the full knowledge of
parties, took up the matter of the submission as devolved
upon him, and upon the 11th March, 1848, before the ex-
piry of the two months, he issued his d tree to arbitrate.
By this decree he found in the whole circumstances
that the said Glasgow, Berrhead, and lie ilston Direct
Railway Company were bound to make compensation
to the sail Nitshill Coal Company for loss of coal
and other minerals caused by the operations of the said
railway company under the aforesaid Acts, and he
thereby found the sure of 1,4511. 8?.. 2;i. to be just and
reasonable compensation. The railway company re-
fused to fulfil this award, and presented a note of sus
pension and interdict to the Court of Session. The
Lord Ordinary (Fullerton) refused this note, and the
case was carried by a reclaiming note to the Inner
House. The Judges (181 division) were unanimous in
sustaining the juagment of the Lord Ordinary. The
railway company then presenttd the present appeal
to the House of Lords. Sir Fitzroy Kelly
and Mr. James Anderson appeared as counsel for
the appellants; and, the Solicitor-General for Scotland
and Mr. Stuart Wortley appeared for the respondents.
The appellants chiefly relied on the fallowing reasons as
the grounds of upsetting the judgment of the court
below. They denied that the secretary was authorised
to bind them by his acts, and maintained that even
assuming him to have been s s authorise 1, and that by
the renewals subscribed by him a new submission bad
been entered into, still the arbiters were bound under
that new submission to have re-appointed the oversman
before proceeding to act under it, anti as they had not
done so they were not entitled to devolve the question
upon him, and he had no power to pronounce an award.
The appellants further argued, that the arbiter had
gone beyond the matter submitted to him, by
deciding on certain claims which did not come
under his jurisdiction, even supposing him to have
been duly appointed. The argument for the respondents
was, that they were entitled to rely upon the sub-
scription of the secretary as the authorised act of the
company; that the different renewals and prorogations
kept alive the whole proceedings of the arbiters, and as
they had named the overman at first, that nomination,
as well as anything which took place in the submission,
was acknowledged by the acts of the parties and bind-
ing upon them; that the oversman, therefore, had suf-
ficient powers, and ,was entitled to pronounce an award
as he did within the time to which the submission had
been prorogated. And as to the award being beyond
his powers, it was argued that, as on the face of the de-
cree itself no excess of power was apparent, and as
his findings were strictly in conformity with
what had been submitted to him, the ap-
pellants were not entitled to go out of the
decree to find objections against it. Other reasons
were given to show that the arbiter had kept strictly
within the matters submitted to him; but as the judg-
ment of the House of Lords did nut take up that part of
the case it is unnecessary to enter upon them. The
case was argued before Lard Brougham, as Deputy-
Speaker, on two successive days, viz., Friday and Satur-
day last. At the close of the reply for the appellants,
on Saturday, his Lordship remarked that he frequently
found the judges in the court below, by overlooking sta-
tutory requisites, taking a short leap to arrive at the
justice ot the case on the merits, and that be would take
time to look into the statutes applicable to this case
before he would advise their Lordships what course they
should adopt in the present case. He would
pronounce judgment on Monday. The following
were his Lordship's observations to-day, on moving
a reversal of the judgment in the court below:—
Lord EnonGuam—My
Lords, from the view which I
take of this case, it will not be necessary that I should
trouble your Lordships with at all stating the ultimate
proposition, namely, with respect to the award, and the
right of the award to deal with the subject.m-t:er, which
was very ably and very fully
argued on both sides at the
bar. But, my Lords, after the best cansid ration which
I have been able to give to this case, both during the argu-
ment and since, and aft,' rconsidering the Act of Parliament,
and after considering the course of proceeding of the
I:arties themselves, I am clearly of opinion that this
judgment cannot stand. My Lords, we have here
another instance, I 203 sorry to say, of great ingenuity
st et
thtuihts
or
jors3w,nn.po
provisions
under
isdyi
oe,
rnws
the
without oh
statute,ui
eth close;t
etyuod andsgae
say
and great subtlety among the Learned Judges, as well
accurately attending to the law, especially where it is
are called upon to adminster, and by which they are
sayu t°
thathu en
bound.
osr
uit: amongt
de n laTwtoh, et
that the parte s have
a right to repudiate the statute
and its remedies, and to go upon a common law arbitra-
tion, as if there were no statute under which they were
acting, appears to me to be wholly impossible in this
case. They are estopped from saying this by
their whole proceeding. It is all under the
statute from beginning to end. For example,
if it is not under the statute why all
this prorogating of time? Why, are they to enter
minute alter minute, first three months, then six months,
in ahe face of the Act? That is assumed. Then as-
suming that it can be cut doWn to three months, then
three months more, and at last two months. It is per-
f,ctly clear, it is perfectly self-evident from this, together
with the appointment by the arbitrators of an oversman,
which the parties took care should happen, or which the
arbitrators took care should happen, to have an overs-
man before they proceeded—it is perfectly clear from this,
as well as from every piece of the process. Their whole
proceedings make a distinct reference by name to the
very Acts of Parliament—the two Acts of Parliament in
question. Then it is statutory from beginning to end.
The question is, have they complied with the statute?
There is no doubt in the matter; clearly not,
because the statute requires that the two ar-
bitrators shall appoint an oversman or an
umpire before they break ground, before they
proceed to the business. Very well, they appoint one
being conscious that they are bound to do so; they ap-
point an umpire validly and legally in the first instance,
and if within the first period during the subsistence of
his appointment, and before the prorogation, the pro-
ceedings had taken place and the award had been made,
past all doubt it would have been valid; it would have
been valid even if the party had not consented, had not
proceeded; it would have been valid altogether. Bat in-
stead of that they go on, the time expires, and it is pro-
rogated, or rather I should say there is a hiatus, and it
must be renewed—it is making a new submission. The
parties have a right to do that; be it so, I will not dis-
pute that. But there is a duty, not only on the parties
bnt ou the arbitrators, as to the appointment of an avers-
man or umpire.
The parties have no more to do than
a stranger with the appointment of the oversman. It is
expressly provided that the arbitrators shall appoint the
oversman, and they do not appoint the oversman duly, but
the parties are said to appoint the oversman, because
they did what? Because they prolonged the period of
the submission. But continuing A. 8., who has the
power to execute that which I have no power to exe-
cute—continuine. A. B. in possession of that power does
not continuo that which he did under the submission.
He did in execution of the power something which ex
pired when the authority of A. B. expired. Then I con-
tinue the authority of A. B. Does that revive what he
had done during his appointment and before it had ex-
pired? Past all doubt not, supposing I have no
power myself to appoint an umpire or overs-
man, and ex consessis I have nu power. And
there is a very ~excellent reason why it should
be the arbitrators (indeed—stb&re are so many that
I need not dwell upon them) who Shouts! have the power
of appointing the umpire, and not the parties. All that
the parties have to do is is submit to the arbitrators,
The arbitrators are to appoint the oversman,andthey
are
are to appoint the oversman while they have the power
to appoint him. They appoint him—tlieir power ex-
pires--and then their power is renewed or rather they

The evidence went to show that on Saturday after-
noon last, prisoner, who had at the time an apron on,
came in at the garden gate, end was coon afterwards
seen to muke his egress from the premises with a baro-
meter under his arm. It turned out that it had been
stolen from the hall, and ou the prisoner being pursued
he put the article down into the road. 11.5 was then
laid hold of and conveyed to the station-house by police-
constable 235 D. The barometer was produced and
identified; and the prisoner, who said that distress
caused him to commit the robbery, was sent for trip.!.
SOUTH IVARK.
Yesterday William Brown, nicknamed " the doctor," and
James iVicholson, were brought before Mr. A'Beekett,
charged with assaulting and robbing John James of
50 sovereigns.
Mr. Wontner attended for Brown.
The complainant, whose head and face were frightfully
cut and bruised, stated that on Saturday night, about
nine o'clock, he went, accompanied by a woman that
lives with him, to Brown's house, No. 153, Blackfriars-
road. When he entered the house he had 50 sovereigns
loose in his pockets, and he remembered quarrelling
with Nicholson ; but being very tipsy at the time he
was unable to recollect all that passed. The next morn-
ing, however, when he awoke, he found that the
fifty sovereigns were gone, besides finding that he was
badly wounded about the head and face, which were
plastered up ; but he could not say by whom either
him.
the robbery was committed or the injuries inflicted upon

Inspector Squires said that the complainant gave a
very different description of the affair at the station-
house to that which he now pave before the magistrate,
and that he was convinced thati he had been since tam-
pered with, and that the woman with whom he lived, al.
though she promised to be present in court, had absented
herself.

• In reply to Mr. A'BECRETT, the complainant, who
evinced a strong disinclination t , detail the particulars as
far as he recollected, said that he had known both the
prisonera for a considerable time. Had no recollection
of producing tho 50 sovereigns, ur exhibiting them in
Brown's house; the sovereigns were given to him by
the woman with whom he lives eight or nine days
ago ; but he did not know how or where she got them
:rum.

luspector Squires stated, in reply to the magistrate,
that the complainant, when, he made the charge at the
station-house, was covered with blood, and he stated
that Brown held him while Nicholson robbed him of the
50 sovereiens; that a good deal of slang language used
by the swell mob passed between the parties at the sta-
tion-house. The inspector further said that intormation
hnd been received in town that a robbery of 2004 had
been effected at Chichester, and that Jones, the com-
plainant in this case, and the woman with whom he co-
habits, were suspected as the parties; that since the
prisoners had been taken into custody, Jones's lodgings
had been searched, and 34 sovereigns were found in his
bed, besides upwar.is of 100 duplicates of property, con-
sisting of clothes and jewellery, suspected to be the pro-
duce of various robberies. A handbill was also found
there from Chichester, which tended to increase the sus-
picion that Jaw's had been recently in that town.
Mr. A'BECKETT said he should discharge the pri.
soners, and he directed Jones to be talten into custody
on suspicion of the alleged robbery et Chichester, and
that he should be placed in the infirmary of the prison,
in order to have the professional assistalee of the sur-
geon for the serious irkjuries he had received on Satur-
day night.
In the course of the day Ann Jones, the woman with
whom he lives, was apprehended, and both the prisoners
were remanded until Thursday, when the evidence re-
specting the rubbery at Chichester will be entered into.

LAMBETH.
Joseph Jones, a notorious " skittle sharp," was placed
at the bar before Mr. Norton, on a charge of being con-
cerned with four other "sharpere," named Wilbaul An-
derson, John Chick, John Strong, and William Rhoades,
in robbing Mr. Robert Cation of 40 sovereigns and a
101. note in the skittle-ground belonging to the Canter-
bury Arms publc-house, Lower Marsh, Lambeth, on
the 10',h day of April last.
On the day of the robbery three of the gang picked
itti the prosecutor near the Catholic Cathedral in St.
George's-fields, and subsequently induced him to go to his