The Sun.
London, England, 1845-12-12 00:00:00

Ballantine, jun., with whom was Mr. Pen, of the fill
Laurence and Pen, Bucklersbury, defended.
The case was considered important, as many o°l'l
a similar nature will be finally governed by it. el:
before the Court on the 17th ult., and was wijours
allow time to consider the arguments pro and co,
article on which the question arose, by one party'
coal, and by the other fuel, is a large brick-shaPseled,
mass, with a surface like granite. It was admit`
be for the most part composed of coal and coal tar,
a slight admixture of peat ; but the coal heiro
t)gr
alleged, deprived of its sulphuric acid gas, whieb,` 1,
one of the elementary qualities, it was contended
no longer the same substance commonly known ilsce!
and therefore did not come under the description
of the three substances mentioned in the Act 3301
to dues—namely, coal, calm, or cinders. Yo'terboa'A
was proposed by the defendant that the summons sree
be withdrawn, and the case tried by action.
son refused to secede to this. He wouid first ta"
Magistrate's decision, and if that went against
teed by action. Mr. Ballantine, the Magistrate"
sided. 1(14
Ballantine, jun., after reverting to what t 0(, toe,
on the previous occasion, said he had Mr. 31srsoi:
Ur. Ure now present to support the argument bi
he had formerly urged, namely, that the 02 0:
-entirely changed its character and become a 13qfgi?
stance by the process it had 'undere'one. The
trate's decision on the case was looked fur as a ala.,tile:
great importance. One of the questions to be 5;0
was, whether the substance in question was coal ;of
When coal was spoken of, it was generally 65
tural product of the mine without any alti-ratisr'ol
the article had been materially altered bona Pe,ty
with a view to evade the City dues, and moree';`,l3oo
cost per ton was more than the cost of coal. 't-,tio
always be observed that the kw was averse to 0500
and always construed the Acts favourably to the r
liable to it. He would show this b two Wet!, Oil
Barnwell and Alderson's reports. The first ass the
of Casher against Holmes, where harbour clu_nes 0;0,
claimed on gold as coming under the head of "
ot,tet
metals." Lord Tenterden, in that case, said "all
the
in the Act of Parliament must be understood in
mon popular sense, and in that sense they certsvoire
not include gold and silver ; and Judge Littlechles:;oo
saying they were always distinguished as P,.„' 110
metals. The other case was the " Kingston-7i
Dock Company v. Browne and-others," when UT,
terden used the phrase, " according to the porno,
general meaning of the word, which is the god
meaning of the words used in Acts of Parliament
relating to matters of science." I 10
Mr. BALLANTINE, sen., said the words 0r , -11°0
were coals, coke, and cinders. These were then,
the same substance, yet each was specified. 11,e
not call science to analyse the substance then itit'eret,
tion, but simply ask himself, was it not within tbed
of the Act, and as the word was colloquially under))4lo
He could not say it was, and entertaining that doti
would not inflict a penalty on the defendant.
Mr. Pearson—ls that-your decision, sir? vs?,
The MAGISTRATE—Yes. I have considered
ject much since the case was here before. 1, wart'
think them coals under the term used by the Ler 00'
and entertaining that doubt, I will not exercise
mary jurisdiction.
/ sfl
Mr. Pearson—Then it is your opinion that t'l' ce
not a sort of coal which the City should claim dae6.oto
The MAGISTRATE--I am not in Parliament 0%1(10
opinion. I merely construe the Act as I understsild tt
Mr. Pearson—l understood the case was adjoarti t'tt'
obtain the opinion of scientific men. Here are
Mr. Marsh, and others.
Mr. BALLANTINE—No ; it was adjourned that 'lljl,or
satisfy myself. I should always be happy to 6), thi
with these gentlemen. I have spoken to several °
subject, and I find it is still a vexata qucestio. e
Mr. Pearson—Your opinion seemed to inelised
other way on the last occasion, had we then Press
a decision.
ag"

Mr. BALLANTINE—It would have been then &'.0)011;
you. No one knew my opinion, not even Afr• '10)01
(the chief clerk) until ten minutes ago. I C3l wadi'
to no other decision than that the substance if, n°l hor,
Mr. Pearson—Such being your decision, sir,,%, otbt
you won't think it offensive if we wish to haTe I."'brotbe.f
summonses which are lodged tried before your
magistrate.
Mr. BALLANTINE—CertainIy not ; you are „lite
liberty to do so. ,
Mr. Salle-•" testoa

antine, jun.—But you try the (PI:D. jot
ego
action, and not by summons, putting us to
of various attendances. 011
Mr. l'arson—No, there is a summons lodged'
must be heard.
Mr. Ballantin. pissed,

iallantine, jun.—Then, if it is dis
lave power to ask for costs, and will do so.
The parties then retired.

[ADVERTISEMENT.]—SIGHT AND HEAR—, ft,
Albemarle-street, Piccadilly, and 25, South Cs'-Opli
Edinburgh—Newly-invented Spectacles, Telescopes' 1.
glasses, Microscopes, Sic.—Patronised by GolLagri,,,
Edward Paget, Sir Evan Lloyd Maiston, golie
Goodfallow, Clayton Grosvenor Morrison, DE,ttit,r,fr
son, Mackenzie, Galway, Biggs Woolf, Murray,
Price, Lindsay, and Thaekray, 'Major-General Sir 11. 0,
stone, P. Fyers, D. Maclead, Hamilton Turner, Wel 11r,
Cock; Lieutenant-Generals Sir Henry Hamilton,
Sir
tifer
donall, Sir R. Barton, Sir T. Dallas, and Sir WO' ',,f3filP;
Admirals Lord John Hay, Sir G. Cockburn, Sir De°'„' et
Sir George Munday, Sir George Martin, Sir 0-140%,,
Whitshed, Sir D. Geld, Ross, Alexander, Carsov,i'looo%
kinson, Hollis, Price, ke.—Messrs. S. and 13. s4s.
Opticians, have invented Spectacle Lenses tIP°D istr,a;
construction. Immediately they are placed before thesie
fect vision, that mist and dullness which appear befi°2l,,tiset-
is at once removed ; every object becomes clear and br
that the most aged and imperfect sight bescimss_,'"
brilliant, and is brought to its youthful, natural, ow Id
dr
state. Also, Achromatic Telescopes, Opera Glasteto,
scopes, Invisible and all kinds of Acoustic Instreelre
relief of moat extreme deafness. Caution—Not in 01 ed
netted with a person of the same name in their ,i°1„,40.,
neighbourhood. To prevent mistakes, be cautions, AO
Only to be had at 39, Albemarle-street, Piccadilly'
the York Hotel, and 25, South Castle-street, Edill7j,,iev‘i
[AnvEirrmimEwr.—The AtrapilatorY, to,
Hair Dye, the only dye that really answers for all oo oct,
doss not require re-doing, but as the hair grows, 0 moo
eo ie ce.
fades or acquires that unnatural red or purple tint - brie' 0.
all other dies. Ross and Sons can, with the greater c;blir
recommend the above dye as infallible, if done et
blishment ; and ladies and gentlemen requiring 010;o
quested to bring a friend or servant with them to see oat tot
used, which will enable them to do it afterwards ,ot
chance of failure. Several private apartments ee'bsi,s,,
bO,l
tirely to the above purpose, sad some of their esta
having used it, she effect produced can be at once ser:tbe ,10
think it necessary to add, that by attending strietlY2',ool:"eii
structieas given with each bottle of dye, numerals P'"AtiorteJ
succeeded equally well without coming to tbeehaleb;:fi,
Ross and Sons, 119 and 120, Bishopsgate-street, the,l
Perruquiers, Perfumers, Hair-cutters, and Hair.dtel-er
Parties attended at their own residences, vase-
distance.
CADVERTISEMENT.j—CASES OF DERA,--- /$ -oe
'SACHS, SICK-HEADACHES, WITH LOSS or STsigif t
ENERGY, CURED BY HOLLOWAY'S PILLS.---I.,_n %ift,
above cases the hands and feet swell, the face pui",, ale of
times a sense of fulness will be noticed to exist slnuLfroei'oe
attended generall with much nervosness °
spirits. These sympy toms, if neglected, fruequentlyen4,l
I paralysis, or apoplexy. To regain full health efirtiiis
eat no vegetables, get plenty of exercise in the (Vivo ;ei!
take Holloway's Pills, according to the directions gcople eft
them, when any of the complaints named will be et'restell',
eradicated from the system, even when every otberaollo°'
had failed.—Sold by all druggists, mid at Professor
A
Establishment, 244, Strand, London.
tete by
The Whitehaven jur.ction has been conlPf, bp'
its opening for public traffic was to have taken P 5,4001141
2d instant; but Captain Coddington reported arto oL.
of the gauge, and the Board of Trade have refuse' op oil!
its security, &c. The Company have, consequell Dich
poned the opening, in order to relay the rails, ri
occupy some time. —Tyne Mercury. Die
NATIONAL GLASS COMPANY Of IRELAII„,,P.rorIeg
most happy to announce that this truly I tN" Or' le
r . „to im
already so fur progressed that it will be in a positi°lng
glass of native manufacture very early in the 510 1
13.7
lin Evening Post.
Pir i
'
WRECK or A SCHOONER.—OnA 0 oo l
means of the telegraphic signals between this,. 11-fclialt,
head, we learned that on Monday night wie 9,,c1•4'
Cheering, of Dover, was wrecked on West 10,71001-8,0-11,
She was totally dismasted, and was lying on her :lye, Pive,
The Point of Ayr life-boat put off to her at tly%t tlce„,o,
yesterday, and the Hoylake life-boat at half-Ps-of s.; of
P.M. The crew had not been heard of. Toes,
t`er re"'
derate gale blowing at llolyhead daring the grel
yesterday.—Liverpool Courier of Wednesday.

BIRTHS. , sp set
On the 30th ult., at Stade, the lady of G. A"' Si''
Esq., sth Hanoverian Regiment, of a daughter. ~ )00
Un the 4th inst., at Thorp Perrow, the lady e` the
V. Milbank, Esq., of a MIL , k,hire,
On the 7th inst., at the H.ll t L b 11 Icr---
1 - op, ey tu ,
gr'4'
wife of the Rev. Miles G. Booty, of a daughter. ik,
On the 7th inst., at the Vicarage, Aldeburgh, Su"4. :61 joj.
1'
Henry T. Dowler, of a son.
On the Bth inst., at Cheltenham, the lady of C°l°
brow, of a daughter. ifiliiSili
On the Bth inst., in the Crescent, Minories, Mil'
Ed
On mond East, of a daughter. joy 0
ele
the Bth inst., at Ventnor, Isle of Wight, the 1 fi
l3Ail3e '
Rev. W
thell iiam Share, of a son.
On 9th inst., p
at Croydon, Surrey, Mrs. William
mi.
of a daughter. 11°14
On the 9th inst., at Well-street, Hackney, —9. '
i„. e
Turner, of a son. , no. tb
On the 9th inst., at Cambridge-square, Hyde-i"
~,,j
lady of W. Wilberforce Bird, Esq., of a son. 1 illl la'
On the 10th inst., at Bedgebury-park, the LaGY
—-'
Hope, of a (laughter.
___...------

MARRIED. Croler
On the 6th inst., at St. Mary's, Islington, Ur' V. C.
to Mary Andrewes, of Waybridge Lodge, Alconburp, 000,7
On the Bth inst., at the Episcopal Church, Aly.lrdour►titer
Wells, second son of the late Edward Allfrey,
anston-square, London, to Adeline Frances, ""
Colonel Sir Robert Mowbrav, of Cockairnig, Filesbire•
ries to
On the 9th inst., at Leamington, the Rev. Clui the
Locke, to Blanche, second daughter of the late Gene
Right lion. Lord Edward Somerset, G.C.B.

pooref; AtihaejoBrthofDIEM, v Or
On the 3d of October, on route from Bawulpore to xe
HenrylOcDtoebinefr°,33aet' cA.ll3lal aobfatdh,e
Catherine,
fantry, aged 24.
wife of Captain Robert Price, 07th• Native
On the 4th inst., at Leamington, the Rev. T. Peanari.sq, -..
On the 7th inst., in Spital-squarc, Matthew Warten, '6.•
On the Bth inst., in Regent-stree't R. Day, E8(1' t ,john
Oa the 9th inst., in Carlton-terrace, Korth lirix-on'
Flinn, Esq. ge
On the 9th inst., at Wrotham, Kent, the Rev. Ge°l.
Moore, Canon of Canterbury. hlr•
On the 9th inst., in Camden-grove, Peckham, Surrey,
East
tgia
Indies,
1cl:15010'p/tow
Robert 1-1111.
On the 9th inst., in Brooksby-street, Islington, ...J.
CTlelmi:neoltli-, ~„e. er
On the 10th inzt in Victoria r d Pimlico, Henry °1....
OA ,
Esq., surgeon. - err°
___

London: Printed and Published by MURDO YOLINV,,°,I
O. 112, Strand, Printer, at The Sun Office, .N1O•
strand, in the Precinct of the Savoy, in the Count). °
Middlesex, Friday, December 12, 1845.