The Sun.
London, England, 1845-05-09 00:00:00

SECONDARIES.-( IS DAY.)
(Before Mr. Secondary James.)
BROWNING V. CLARKSON.
This was an action to recover 121., the amount of a b:11 of cx.
change, of which the defendant was the drawer.
The defendant pleaded payment of 91. on account, and 3/. 10s.
into Court.
To prove the payment two witnesses were called, who stated
that they were present when 91. we' paid to plaintiff, who re-
marked, "This is not business alter a bill being over due a month.
I ought to have the whole of the 12/.
Mr. CHARNOCK, for the plaintiff, said he did not deny the re-
ceipt of the 91, nor that It was originally paid on account of the
121. bill, although the plaintiff had discounted several others for
the defendant ; but should prove that the latter requested him to
bring an action against the acceptor, and that the defendant said
that the amount paid might be appropriated towards the costs of
the action.
Mr. Dennithorn was called, and proved that he paid the 91. on
account of defendant, whom he afterwards accompanied to the
plaintiff's. Defendant said he should like to gi►e Childs (the cc-
ceptor) a turn, and if plaintiff would bring the action he would see
him clear. Defendant afterwards went again and said he had no
money, but plaintiff had better go on, and he.wouldsend two carts
as a security for another bill coming due.
NVildam Bull, clerk to plaintiff's attorney, proved the service of
the writ on defendant. Defendant then said, " I was never served
with a writ in my life before. I intended to pay him, but now he
shall never have a farthing." Defendant ordered the action
against Childs to be stopped.
Mr. THOMAS contended that this evidence did not prove any
direction to appropriate the money to costs.
The UNDER-SHERIFF said, that if the money was originally paid
en the bill, there must be an express direction:or permission to apply
it to any other purpose. An action might be recovered for costs
incurred at the request of defendant, who ought to pay.
Mr. CLARKSON considered that where an action was brought on
behalf of another on a bill of exchange, a written guarantee was
requisite to secure costs, hut hero the money was the security.
The Jury gave a verdict for defendant.

(LEFT SITTING.)

Group X.
The
LONDON AND YORK RAILWAY.
I,l:Cotonaittec reassimblcd at twelve o'clock, and proceeded
the consideration of this scheme.
Pitman handed in a ta'ile of the traffic along the line be.
twce
,"'Huntingdon and Lcndom He had compiled this tab'e from
"1, which had heenmadeto him by the witnesses who had been
°I travel
•Xamined before the Committee. He had estimated that the cost
m ,
had e„""g bY coach was :3d. per mile for each passenger. He
4„nated Chu income of the railway between Huntink,don and
frtin all sources except coal at 242,3801. per annum.
• inr.
e rased
a miller ere: cap
was called to prove that the
• n ''°Posed would be a gre: vantage to that town and Grantham.

71iie co Group V.
Co l• rnral• tai. thia troop, co isistlng of the Chairman, The
held r,13", Mr. Hope Johnston;' Mr. Darks. Sir John Rae
,;"4,1 Sir Norreys, met at twelve o'clock this morn.
" Proceedt d to take evidence on the part of the opponents of

lh NOTTINGHAM AND LINCOLN LINE.
he efirst witness called was Mr. Itastrick, civil engineer, and
krilitu,'cd that another line ini;lit be adopted at an increasLd cx.
ievo,' which Would obvjate the necessity
of the Flood.road at a
Is" Ile should cross by either of two In( deg, by taking the rail.
; °Ter the road, nr the road over the railway. There were no
egriZrel.t engineering difficulties to be overcome. 'I here would
4iiire to bra gradient of one in a hundred for above a quarter of
AhPssaeY order to cross the road, and an equal gradient would be
tlcty on the other side. This would occasion no gt diflL.
execPting, as he had already stated, on the score ofr meaoney.

withT che (Gro
the „ oreraittee re ascembledup
atß.) the usual hour this morning,
landho ders opposition to the
k Nit%
"Aht " WEST RIDING LINE.
v"N appeared on beliait of a Dr. Listor, the heir ap.
Presque to Shl
...ey Hall, an ancient and romantic mansion in a pic-
'go, IL 'titer, about a mile anti a half from Halifax. The es-
t pt,i'od'e Learned Counsel stated, had been in the same family for
4(1 Deco upwards of 200 years, aid it was desired by the owner
the we:ti Pier that it should remain so. The course, however, of
&Ina, 1,..d ',Wing Company would totally destroy it, and Dr.
tv,d, therefore, petitioned Parliament against the line.
the Leo"! having been adduced to substantiate the statement of
Counsel,
tht occu,,u'a I_4Nbria addressed the Committee on behalf of the pre-
"siker. of Shipley Hall, a lady named Miss Mary Ann
qtr " kt", is, unfortunately, a lunatic.
W °WLEs appeared for several petitioners against
hole i,ro THE WEST YORKSHIRE LINES,
NBof the rtY would be interfered with or destroyed by the pro-
line.

Group N.
Rothe WEST CORNWALL RAILWAY.
',sere. assembling of the Committee. Mr. AUSTIN replied to the
Pert , Made by Mr Sma:e yesterday, who objected, on the
triti4tbe Rev, Mr. Mihet, to a small branch running from the
irtield:riee.to a Place called. Carnsew wharf, which, it Wail argued,
'r,e eeeortn_UslY injure his property, and that there wart ample rail.
The c,:a . ion at the present moment. . .
step erinnittee suggested that an understanding might be made
Mr. Millett and the Company.
rind th ,nuch discussion, however, no arrangement was come to,.
at"
tell abjection was deferred until the Committee have tertni-
Nit krelr. investigation of the main line. It was then stated
Ilniilitht. ts.l.4lbas's oppoeition to the Bill had not been withdrawn,
Ile ..'44,4t beets surmised from Ant occurred yesterday.
440,.... etaesetev, the Chairman said ho was labourin under the
4(tleeth'b, trona whoa, had taken, place, that the matterg had been
kr.
Itelween the parties.
'4nr,,, ow' said an arrangement had not been come to, though a
lii.,ebee bed taken place
'fleet ht4taciran informed the Committee that an amicable . arrange.
the sd been le. rstlee. II collie to between Lord Vivian
therefore, would be '
and the projectors of
titirawnYiatii,d that his opposition to
the
Bill,
Us effect an are
tat°erriee,' s-aptain Moorsom had endeavo
,reet t...' on the part of the company with Mr. T.hom. as, with re.
°e
'',_ the alterationthe proposed line, an that it might not run
ile h his of
perty, hut he ha
.l /fel in coming to
kler„ Prol been UtigLICCeS
NI, .candm_
bierNtAa . rho ALLAY said (addressing Mr. Rowe, e e,otraas), it would be satisfactory to know that Mr. Thomas
who appeared for
NI,. br_!fussal a reasona'sle offer.
sd,,, ''''ws said he was Instructed to say that no offer had been
TN .............211N(Les• rTIG.)
E 43
CALED ve
k. Group DD.
4'. AND GLASGOW, DUMFRIES, AND
The c . CARLISLE RAILWAYS
%A °rnltiltte
Let, a er mew_ .
01117 tl 0 "'assembled at the usual hour this morning, and
re hem
•, With the further consideration of the Bills
teirt'teedi irk getmlerrnalel"
ler ..
tel • ALgo, co
ed by examining Mr. Pare, who had been
hii..-,, able,, „e ~ Y superintending the kri; ys,
and et, said he had been for a long
.inpro.
getttiiinnge engageduiof tohtet
ti,,, it table, nal had considerable experience
°I. traffie for various lines. Ills atten-
Zkle,;47, first called
to the route whi the Caledonian 1 siteb, Mr, sithe:_, Onwards of three years gosha. lie had engaged tel;'t loealit7, and other gentlemen, well-acquainted with the diinf.
ovriY as to th.,,thratigh which the line passed, to make es eitry
hi;
e, i hehad
,Lraffic, and from their observations, together w hi l
4;4:Crimea isePared the tables now before the Committee. He, bad
ef.h,teseltsor
liOtlarld during a month at two several times to %err y
*lllllt,t!''facte is researches. In order to get at the probable amount
arll ~.,4 pri is gooda to be expected, he had made acquaintance
k,,il4isley,°:.,'lTl.intan.ufacturers in
.Edinburgh, Leith, Glasgow,
rie
test}
sim .1,,Z i quired as to their traffic north
ins pal
test} ' ilee,
~ Wee. Ile also visited the other principa o
rrr„a' Aropeierd made every inquiry as to the coach traffic from
hi,,,,t ~f
th_eernrns made to the
Nee 'Nal _ crs arid others, and substantiated this information
Stamp.offiee. lie got his ac-
-1,54,4 Nesro'4l,
Leber of goods exported and imported from the
siel'e'. he eh.,- fb, atLeith Glasgow, and Dundee. For thernineral
lits,'riake t-e,-"looYeil severs'l eminent'engineers to inspect the mines
tr,;,,*(el le.: neeeesary inquiriei. The agricultural tables were
tsk,'! fseto_rrr actUal experience, and front information. derived
et get,.
iv"! farmers, and others acquainted with agricultural
ttetptriqe r• Pare then went minutely into
.the details
tleri,Rl ee *neeted along the proposed line. The
,4,sd fee,-,1414 are a, follow ,___The income to be
til,1:1/3.79_. Passengers of all classes by _ land amounted to
I's „. r)ri rah, a'. Which being doubled, according to Parliamentary
re SetsN ) alfairs, would yield a sum of 64,896/. 7s. ed.
I
and other sea vessels realised a sum
act • 115
•,oei„ seen* , • 3d., but this amount had not beets doubled, as
rthtiey: evieolie444oyrinheatnhyer
,the steam-vessels now sailing to and fro
TbeNcr, by
Present.' a,sTenhgterstosstaeln ;tie railway was made as
amount expected from
0%44'41 : every means of conveyance was 85,7081. 18s. 9d.
'' lol,eld'enue which would be realised from the conveyance of,
epee2.ieh :Mount to 140,304/. 19s. `2ld. The gross total in-
' 4 `,0121 °Uld result from these items would yield the sum
r. • 7
heel lisied,l I% I I id,
lit'
4 Ads the of the Garthsherrie iron-works, near Old Monk-
set, tiee,, es lo I, examined. There were fifty six iron ma_
'Nat! ee
the Airdrie and its neighbourhood, which pro-
i,kn,P ofilea‘! average, SO% Pit thousand tons weekly. The
It).----411,,4 "tone consumed weekly in its manufacture was 3,750
kirk It
of
"Ed was principally obtained from a place called Bed-
hot e10e,,,,bp of the best quality, but sufficiently good for the
1'1,4 c s'aceo4 We,.ttelch..l3 iron. The reason' why the best limestone was
tie esiat, euse the carriage at present was too expensive.
ik'itile.4', bere,°„r,4 of limestone were obtained from Netherwood
News'iliere,-, and were extensively used in building and agri-
-14111,('Z. The quantity brought weekly from these
L'd •
kb --v took
........._..______-
~Tlov wr,
the },,* C 0 '‘dieltliiTEß and IiIIIIIIINGHAM RAILWAY.
Nlt 'n.."litt" resumed Lday at twelve o'clock, Mr. Shaw in
-eras
.ell\b'oer ,f,i
-I,'tie: 'stri t ' qereester examined by Mr. Horn.—The traffic
I:SPrL so,,d,P:t 1‘,,..*: terY considerable. The greater portion of the
ill a tr,'ile 1,4-'4' of the cistrict. went north towards Birming.
k'trs;eliderraci„Prti°o might be two parts out of three. There
',it!, kallieek;`e traffic in hops, but it was rather uncertain.
ittrktieeerh etteh lae great traffic in fruit, vegetables, and wool, for
ge it", ke. 4nge, Were received var:ous manufactured goods,
tNe"; Fst', Of itil considered the narrow gauge would best serve
t.ileeaere eery e district. The Great Western party in Wor. ',met "1005, and highly respectable. They were a de-
eiel,°:hise t4erd The Great Western party had a very able lawyer k,ttrikt'te.So tha't and they had likewise the advantage of superior
i'tieet 'eian,iamthey had bean able to carry public meetings.
ttk'll h",t lilac,'" bY 3.1 r. Sergeant KlNOLAlLE—Droittvich was an
4i,44 rre'4, N.af'Tcabd tr.red a great amount of coal principally derived
,41f4i'tthhorthwarrdd'_hlre. In the passengers of which h.e spoke
th':lllh,to ie puree
o:. a.number of them no doubt went to Burning-
hlb doe. .e.„ ' going to Loudon by the London and Mr.
(et doe. .e.„ nat route at • re convenient one
presem was, a MO
:C444, Cheltenham
11 Ow „,111incd ~ _ , and the Gri at Western.
ii.; ke„woree.t.‘...3) 1,1. r. CocaBURN, who appeared for the Corp°.
0" re 'et that'' against the Bill, as far es it effected that city.
I,:es th':ersed the to a considerable extent the proposed
„, rly Propeet Property of the Corporation. It was carried
',e risieted YbY a raised viaduct of e 3 feet high. The pro-
/%'teee roesidiLri_nciPally of houses of an-inferior character, and
,it Itol lin,
‘,11,1e damage would he done to it. The Great
,11,,,.e:sitt,"'s 110 liable to the ame objection.
rte. Nit ~,,---Lhe houses were` inhabited by a very poor popu-
,,, kt, 'yd 'uld be an advantage to the cit •if many of them
sie,at:t,,,e, IN:eaisis al.preserit the locality Wlis very unhealthy.
1,11 r) 'ofho , ' "01,-Merehant, of Worcester, exernined— The
re, tee, Is raised e
IL el th • la , a the district was 17,000 pockets, or about
e, ey _ ••chtlon t •
t,,, thi --,md. o this were received about 4,900 pockets
tir,.4l)l7,,!!eaterprnroa_r_ire.r.• S,tne times the crop failed there, and
1,.751ar, ;11,411y
„.I,t tton was received from London. The hops
t: snt. try c0,,,7 0 she north. The seed trade of the district
;ye eat.'l.lll, I;',sier.ible. His own trade was about 1,200 tons
)ser:it': *lei:: elnfatthe,ei: not prepared to give an opinion oc the rela-
ibii'„gbt te he gauge,
he considered the change of ear-
was elicited in the cross-examination of this
t:‘,11,, r• ,/,
se_. -tee.
~
rte `,O . \Nan
t reit . exaenih_ , carrier, and a member of the Worcester Town
ili,h!.:,::..e.,:iet:htte%,:iart:ea:::::i.Gmgelsribaniteyt,agir,:,y;:i.tinl ld thethe
there
w carriersasa growingo f
feeling w enriedi,ne
k,-Dth was ea„ , ar direction.
Hope, but no question being put to
l'r: lti h ItYRN Said l el'""'
411 (IN), 0,, t'nderto he wished to ask the witness a question or
It,,,kt b ''ut t, ~°d he was from Droltwich. In answer to the
rk ,oi, • 'urn, eh; .
t,,,, et , wich . s witness stated that the annual make of
'titles ')°bth I,,e‘‘.a,s 80,000 tons, which was sent to the London
Nerai, '1", the West of England, and the midlard
'7' The Coal treed in looking the salt was derived

S. RAILIVAIT COM 311rfTEES front South Staffordshire. He thought the Great Western scheme
would be the best of the two, providing that a narrow guage
(THIS DA Y.) was run parallel with the broad gauge. A connexion was
wanted with the broad gauge to the south and west, and the
Group Q. i narrow gauge to the north.
Mr. G. Smith, market-gardener at Evesham, said there were
10 TI
this
gCroornupmittee for the consideration of the railways comprised
about six hundred acres of garden.ground at Evesham, the pro.
Chester) ; Sir """einhied
at eleven o'clock this day. Present,
duce of which was about four thousand five hundred tons,
Mr. Sotheron (North Wiltshire), Chairman ; Mr. B. Escott ( Wm.
Their chief markets were Birmingham and Liverpool. Fruit was
Thomas Colebrook (Taunton) ; Viscount Duncan
(Bath); and Mr. Posey (Berkshire). apt to be damaged very much if it had to be changed from one
Nortrui WALES RAILWAY. ! i waggon to another in its progress to its destination.
-
Nlr. CALTERT, counsel for the promoters of this line, having an-
' Mr. Richard Greaves, a resident of Stratford-upon-Avon, exa
an
bounced to the Committee that he was happy to inform them mined—There was an extensive coal trade in that neighbourhood.
'linkable arrangement had been come to between him and Sir
About 45,000 or 30,000 tons went through his hands annually.
1
Walter Riddle, the counsel for Mr. Wynne, who was the
permis-
e on:y fhe quantities of coal brought bibs Stratford was 45,000 tons, of
"Pliosition to the preamble, said he would proceed, with ,
which about 18,0011 tons were used in the town, the residue went
the
'kn, of the Committee
to c.lll evidence for the purpose of proving into the surrounding country. The coals were brought principally
,
the preamble. from Smith Staffordshire, and the average price was from 14s. to
I St. per ton. The carriage was Gs. Gd, per ton. The return
_Mr. Philip Watkins, land-agent arid farmer, was then exa.
traffic might be about 16,000 tons. They had a trade with London,
"fled by Mr. HARDY, He deposed to the present,
want ol in. tercourse for traffic by the district through which the line was Leicester, and other parts of the surrounding country. At present
groceries from London cost in carriage about 2/. per ton. The
,in,li'asst Which comprised thirtysix agricul urel parishes—that this
broad gauge did not come anywhere near to Stratford.
-sta"WaY "Woull afford the inhabitants the means of carrying
/..4",Manganese, &e., to the manufacturing districts, and also
i.„, ri"ging coals from Flintshire at a considerably diminished
°' from the present cost of carriage, anti that the jeli:ction
with the Chester and Holyhead Railway would add greatly to
the
benefits to be derived from it by that district. The under.
takings., was very acceptable to the inhabitants.
._ X,• William Portion, engineer, deposed that the railway was
i'Leonestructed as that it could at any time be brought into corn.
. oenexion with the Cheater and Holyhead Hire, anti the
Nationsti,. at the other end of the line was to be in connexion with
trarbour of Portelinllaen.
1r.,, . Jam es Spooner, engineer, was next examined as to the details
•me estimate He had gorse lato all the particulars of the
to 1
Works '
n ie constructed on the line, and he considered the estimate
it..a_rouple for the completion of the railway.
eulai_r
wB, rdon was again called and examined as to the cost of parti.
a..j..4,:arks on the line, lie gave similar evidence oir these points
At
:11 ' t witness, that the cost of tunnelling had been calculated
dtraubki_hucr yard, Tstid working expenses of the line would be eonsi-
' Niel' 40 per cent. on the proceeds of the traffic, I