The Sun.
London, England, 1845-10-16 00:00:00

IMPORTANT APPLICATION.

BLACKWALL RAILWAY EXTENSION

ACT.

1 At the Thames Police-court yesterday, Mr. Tyerman, a
solicitor, accompanied by Mr. Wightman, the superintendent
of the Lonlion and Blackwall Railway Company, and John
Stock, Esq., a county magistrate, came before Mr. Ballantine
for the purpose of obtaining the magistrate's signature to a
declaration that the whole of the capital of the Blackwall
Extension Railway Company had been paid up previous to
the commencement of the formation of the new line.
The Solicitor, who was provided with sundry forms and
Acts of Parliament, stated that he appeared as the represen-
tative of the Blackwall Railway Extension Company. The
Bth of Victoria, cap. 18, which was called "An Act for Con-
solidating in one Act certain provisions usually inserted in
Acts, authorising the taking of lands fur undertakings of a
public nature," provided among other things that the certifi-
cate of two justices of the peace, certifying that the whole of
the capital that had been subscribed should be obtained be-
fore any new line of railway should be commenced. He had
now come prepared with the necessary proofs, and requested
the magistrate to take evidencp on the subject.
Mr. Ballantine—What do you intend to do when you ob-
tain the certificate?

Mr. Tyerman replied, to commence the new line of rail-
way from Stepney to Old lord. The Act authorising the
making of the railway was passed last session, and had re-
ceived the royal assent. The company was registered under
the 7th and Bth Victoria, the capital all paid up, and every-
thing was in readiness to commence operations. The Police
Act gave any one magistrate of the police-courts the same
power as any other two justices of the peace.
Mr. Ballantine asked the solicitor how he was prepared to
prove the capital was paid up?
Mr. Tyerman said he could do so by his own evidence.
Mr. Ballantine—ln what capacity do you stand?
Mr. Tyerman—As the authorised solicitor of the company.
Mr. Ballantine supposed the company was an incorporated
one, and power was given to them to sue and be sued in
their corporate capacity. It struck him that the secretary,
or some other recognised officer of the society, should have
made this application to him.
Mr. Tyerman said the company was incorporated. The
capital was 600,0001., three-fourths of which was required to
be paid up before the Act received the royal assent, and one-
fourth afterwards. He had the Parliamentary contract
with him; it was signed by several parties, and everything
was prepared in a regular and formal manner.

Mr. liallantine—liiit you are not incorporated in the Act.
Mr. Tyerman said he was not, but he submitted that his
evidence could be taken. He would read the 16th and 17th
clauses of the Land Clauses Consolidation Act. They enacted
" that where the undertaking is to be carried into effect by
means of a capital to be subscribed by the promoters of the
undertaking the whole of the capital or estimated sum for

defraying the expenses of the undertaking shall be sub-
scribed under contract, binding the parties thereto, their
heirs, executors, and administrators, fur the payment of the
several sums by them respectively subscribed, before it shall
be lawful to put in force any of the powers of this or the
special Act, or any Act incorporated therewith in relation
to the compulsory taking of land for the purposes of the
undertaking. A certificate under the hands of two justices,
. .

certifying that the whole of the prescribed sum gas been
subscribed, shall be sufficient evidence thereof, and on the

application of the promoters of the undertaking, and on the
production of such evidence as such justices think proper
and sufficient, such justices shall grant such certificate ac-
cordingly." These clauses applied to the purchase and
taking of land otherwise than by agreement.
Mr. Ballantine looked over several Acts of Parliament
and the one quoted by the solicitor, and said he thought lie
ought to have the secr.ttary to prove the capital was paid
up, and be did not like to affix his signature to the certificate
as a mere matter of form. By so doing, he should confer on
the company very extensive powers; and if he did wrong,
might put those persons through whose property the railway
was to pass to great inconvenience.
Mr. Tyerman, in reply to the objections of the worthy
magistrate, said he had frequently done this before. Here
was the Parliamentary contract, evidence in itself that three-
fourths of the capital was paid.
Mr. Ballantine—l am to be satisfied it is all subscribed and
paid up.
Mr. Tyerman—l can do that, sir. I 'produce the c eed,
which is in itself evidence, and I can prove its authenticity.
Mr. Ballantine—Yon can't prove you saw the money paid.
Mr. Tyerman said if such evidence as that was required,
every director and every shareholder Must be produced.
He knew of his own knowledge the whole of the capital was
subscribed and paid up. The company could not have ob-
tained the Act of Parliament unless three-fourths of the esti-
mated capital was paid up. The Act requires the remaining
fourth bet; re the company could put the compulsory clauses.
of their Act into effect.
Mr. Ballantine said he did not think _the solicitor was
the party who ought to-have come before him. He might
be wrong; indeed, he hoped he was wrong. At present he
had a difficulty; without intending to give offence to the
solicitor, his opinion was, that Mr. Tyerman was not the
proper representative of the company under the circum-
stances.

➢ir. Tyerman contended, at some length, that it was a
matter entirely of evidence, and that no one could be better
acquainted with the facts than himself. The secretary of
the company allotted the Parliamentary grant, and verified
certain acts, but he believed he was not so well acquainted
with the financial affairs of tie company as he (Mr. Tyer-
man) was.
Mr. Ballantine said, he must be quite satisfied that all the
necessary forms had been complied with before he received
the evidence of the solicitor. He would consider of the sub-
ject, and Mr. Tyennan could repeat his application in a few

-
days.
Mr. Tyerman—lt is a matter which presses. We want to
commence operations and the new line immediately.
Mr. Ballautine—l am sorry to disappoint you. Come in a
day or two.
Mr. Tyerman then took up his papers, and intimated that

he should, if possible, make an aPplication to two of the
county magistrates. He then retired, apparently much dis-
appointed at the result of his application. He had previously
appiK d at the Sessions House on Clerkenwell-green, but
could L,ot find a county magistrate to act with Mr. Stock,
who, by-t:l3-e-bY, attended for the purpose of acting in concert
witf, Mr. ilallantine, the forms being made out for " two
justices f the peace," and was informed that the Police Act
did not recoguis 3 him as a magistrate in any of the Police-
courts..

HOP, CHEESE, AND HORSE FAIR.
WEIDILL (NEAR ANDt. AVER), OCTOBER 13.—The beautiful
morning brought a vast concourse of people, on pleasure as
well as business, to this vast annual fair and carnival. The
roads were literally crowded it.'th people of both sexes; and
the coaches, carts, and vehicles ^f every description, would
lead a Londoner to believe the conc.,muse of people were the.
outpourings of London, rather than at a fair 66 miles from the
great metropolis.
HOPS.—FARNIIAM Row.—Though on Friday, at twelve
o'clock, not more than 300 pockets had bee. n brought in, yet,
by twelve o'clock this day (Monday), nearly 4,000 have been
placed for sale in that part alone. Twelve gm: fleas per cwt.
is the price demanded for the best Farnham ; bat few buyers
at that price. A reduction must be submitted to, or many
will remain unsold.
LONDON, Row.—This is principally occupied by tbe Lon-
don merchants—T. D. Evans, Gibbons. end Co., Calk way,
and others, principally having Hops consigned to them for
sale.
COUNTRY Row.—This is occupied by partly country
growers and London hop dealers. At least 5,000 pockets and
bags were there for sale. The prices demanded were from
8/. to 9/. 10s. per cwt., but not many buyers at those prices,
they holding back till to-morrow. A reduction must be sub-
mitted to.
CHEESE FAIR.—Not more than 150 tons pitched for sale;
very small quantity—one-third less than last year. Prices
as follow :—Somerset best Chedder as high as 70s. per cwt.,
for two or three prime lots; common Somerset Chedder,
from 565. to 635. per cwt. ; ditto, good cheese, up to 565. ;
best double Gloucester ditto, from 545. to 58s. per cwt.; ditto
single ditto, 525. to 545. per cwt..; common ditto, 40s.—
from 2s. to 4s. per cwt. cheaper than at Reading large Cheese
Fair.
HORSE FAlR.—Though this is the third day fair for the sale
of horses, a c,nsiderable quantity are still for sale ; from three
to four hundred of the cart kind, one hundred coach and nag
horses, sixty cobs and ponies.
It is with much pleasure we hear that not one act of
rioting, disorderly conduct, or any other offence has been
committed up to this time at the fair, so as to call for the in-
terference of the police.

CHARGI OF INCENDIARISM.—At Chelmsford Petty
Sessions on Tuesday, Charles Murrells, labourer, was brought
up for final examination, on the charge of having wilfully
caused the fire which occurred on the 13th ult. at Old Park
Farm, Great Witham, in the occupation of Mr. Isaac
Livermore. The evidence in this case was extremely volu-
minous, but the facts may be gathered from the following
abstract:—The fire occurred a few minutes after one o'clock,
A.M., and was first discovered by Edward Lake, the bailiff.
who lodged in the house. On the first alarm being given,
Mr. Livermore mounted a horse and proceeded to Dunmow
for the engine belonging to that parish. On his return,
nearly the whole of the farm premises, with a large quantity
of grain, had been reduced to ashes. He saw the prisoner
near the pond, and, observing him to be in a state of per-
spiration, remarked that he appeared very hot, to which the
prisoner rejoined that he had been running. Mr. Liver-
more's reasons for suspecting the prisoner arose from a
threat which he used when discharged from his service for
some misconduct- The prisoner upon that occasion re-
marked, that it was all very well, but it should not end
there, and that he would make him remember it. The pri-
soner, it was stated, lived at North End, about a mile from
the farm, through the yard of which there is a thorough-
fare from Pleshey to North End. Police-constable Peck, who
was at the premises a short time after the fire broke out,
stated that the prisoner came into the yard in about an hour
after. Witness had not seen him there before. About two
months previously witness was sent for to turn the prisoner
off Mr. Livermore's premises, when he said, "Never mind ;
I'm if I don't fix you. This shan't end here. I'll cer-
tainly make you remember this." Another threat made use
of by the prisoner was proved by William Bell, who stated
that in a conversation with the prisoner during the harvest
the latter said that he might have gone back to Mr. Liver-
more's again, but that there would be no work there in the
winter, because the corn would soon be out. John Witney
stated that he saw the prisoner at the Butchers' Arms beer-
shop about ten days after the fire. He asked witness why
the people suspected him, when witness told him the reason
was because he had threatened Mr. Livermore; on which
prisoner implied that he bad threatened to burn him up, but
did not mean it. Other
„witnesses were examined to show
that the prisoner left Fleshy about a quarter to 12 o'clock on
the night of the fire. He was then about three miles distant
from his house. The prisoner's defence was merely the
general denial of the charge. The Bench decided upon com-
mitting him for trial at the next assizes.
HOSPITAL FOR CONSUMPTION AND DISEASES OF
THE CHEST, BROMPTON.—It is the intention of the commit-
tee of management to hold a second bazaar in the spring of
next year, on the occasion of the opening of the west
wing of the new hospital of Bronipton. It is stated that the
bazaar held last year at Chelsea, in honour of his Royal
Highness Prince -Albert laying the foundation-stone, was
one of the most successful efforts of the kind ever attempted.
‘
Two thousand pounds were raised by s.
i
1 dii:l means,
ricso,mitn. i hicltteie
added to the building fund, enabled
ith e i
vigour
the rapidity, that arrange-
to proceed with so much v a
ments have been entered into for eomplettoll,
.by next
June, of the west wing and
part of time centre, including the
principal enirance. The western Is ins o tus eauti u s rue-
be re‘ ready for the. reception of patients about thee
Lure v.'illmiddle of the ensuing spring, and under arrangements of the
committee of management everything has been made con-
ducive to the restoration of-health of the patients, and -alo
to promote the efforts of the medical gentlemen who grapple
with this most fearful malady. When fully completed, the
institution will afford accommodation to upwards of 200 in-
patients.
TIrE STATE OF TRADE, PAISLEY.—We are sorry
to have to state, that during the present week our trade has-
been rather duller than it has been for Some months past—au
occurrence which is generally looked for at the close of the
season, and which, it is to be hoped, will be of short duration.
—Renfrewshire Advertiser.
Dispatches fram the Gimernors-General of Canada, and.
also frott the-To/ernors of the other North American' pro-
y.4cei; wen. received yesterday at the Colonial-office.