The Sun.
London, England, 1842-02-18 00:00:00

SPORTING INTELLIGENCE

DERRY.
1,000 to 30 agst all the mares
11 to 1 agst Colonel Peel's Chatham—taken
30 to 1 agst Lord Verulatn's Robert de Gorham—t and off
30 to 1 agst Mr. Wreford's Wiseacre—taken
30 to 1 agst Mr. Dixon's Ballinkeele
33 to I agst Lord Westminster's Auckland
50 to 1 agst Lord Chesterfield's Joanna colt—t and off
50 to I agst Mr. Bowes' Meteor—taken
50 to 1 agst Mr. Gregory's Defier—taken
50 to 1 agst Mr. Scott's Artful Dodger
1,000 to 20 agst Mr, Goodman's Rover—taken
1,000 to 15 agst Mr. G. Clark's William le Gros—taken
1,000 to 15 agst Lord Jersey's Brother. to Phoenix—taken
1,003 to 10 agst Mr. F. Wood's Timoleon— taken
5,000 to 30 agst Mr. Faulkner's Observatory—taken
OAKS.
9 to 1 agst Mr. Etwall's Passion—taken
12 to 1 agst Mr. Wilson's Sister to Yorkshire Lad—taken
13 to 1 agst Lord Jersey's Adela filly
20 to 1 agst Mr. Allen's Belle—taken
20 to 1 agst Lord Chesterfield's Dil-bar—taken
20 to 1 agst Mr. Scott's Syren—taken
30 to 1 agst Mr. Bowes' Lass of Lonton
CHESTER CUP.

11 to 1 agst Mr. Holmes' Vulcan—taken
13 to 1 agst Mr. Plummer's Alice Hawthorn—taken
14 to 1 agst Mr. St. George's Jolly Tar--taken
25 to 1 agst Lord Stanley's Rhodanthe
ROMFORD STEEPLE- CHASE..—YESTERDAY.
Handicap Sweepstakes of 10 suss. each, 5 ft, with 100 added.
4 miles.
Mr. Elmore's Lottery, 13st llb .... .................... (Mason) 1
Mr. Elmore's Sam Weller, 11st 12th ...
2
The following also started : —Mr. Tilbury's Buffon, llst 71b;
Mr. Smith's Anonymous, 11st • 131 b; and Mr. Maddock's
Creole, l2st. The line was two miles out and home, by the
side of the railway. Won easily, after a pretty fast race.

LAW INTELLIGENCE.
ARIWRALTY COURT, Feb. 17.
THE HARRIET.
Dr. Lusitixtvrox gave judgment in this case. The Har-
riet was originally arrested at the instance of the owners of the
Woodpark, in a cause of collision. The case was defended
and argued, and was decided. The Court thought the Harriet
to blame, and awarded the owners to pay the damages of the
collision ; as is usual in such cases, it was referred to the
registrar and merchants to ascertain their amount. At this
stage of the proceedings an agreement was entered into be-
tween the respective owners, and the damages, were, by con-
sent, valued at 3601. Previous to the payment of the money,
however, the owner of the Harriet, who was liable for it, be-
comes insolvent. To whom, then, do the owners of the
Woodpark have recourse?—the parties who. had become
security for him in the original suit. But they deny
their liability, and what is the ground of their de-
fence ? 1 hey allege that their liability is removed by the
priva'e agreement between the respective owners. To that
agreement they were not parties. They were not informed of
it, they gave no consent to it, and consequently they were not
bound by it. Thus it was argued on behalf of the bailors, and
the argument Dr. Lushington thought a sound one. He held
that from their liability they had been freed by the private
arrangement of the bailee and the other owners, and decided
that against them the owners of the Woodpark could not re-
cover the damages which they had sustained.
THE DAVID.
This vessel, of
.the value of 6501., laden with ballast, on a
voyage from Ipswich to Newcastle, gets into a situation of
some distress off Bridlington on the Yorkshire coast, is
boarded by some fishermen, and' relieved. For this service
the salvors are offered 20/. by the owners, and receive 40/.
from the Court.

This was another caseTHE of saIvage.ZEPHYRUS. The Zephyrus was in
distress off Yarmouth on the 18th of November. Some Yar-
mouth boatmen went out to render general assistance to the
vessel ; but with the especial hope and object of saving the
lives of the crew. They succeeded in doing this, but they
neither saved the vessel nor her cargo; and the question was
whether the mere preservation of life eon, per se, constitute a
claim for salvage, and the Court can reward the men?
Dr. HAGOAED (for the alleged salvors)—According to the
old law, there might he a el, übt whether the Court of Admi-
ralty had the power of rewarding salvors, where life alone had
been pretet ved, but according to the more recent statute 1 and 2
Geo. IV., cap. 75, it certainly had. One of its sections gave
especial jurisdiction to the Commissioners of the Cinque Ports,
and to Justices of the Peace in seaport towns to reward the sal-
vors of human life, and if the Magistrates had authority to do
so, surely the High Coutt of Admiralty, to whom there was an
appeal, must have jurisdiction also. Besides, there was an ex-
press decfsion in favour of the doctrine in the case of the Queen
Mab, decided by Sergeant Nicholl.
Dr. LUSHINGTON—But has not' the opposite doctrine been
distinctly laid down by Lord Stolid!?
Dr. Ham% an--The question, I believe, never came di-
rectly before him in the form of plea or act upon the petition.
The decision of Sergeant Nicholl was delivered shortly after
the passing of the statute, and may be held conclusive.
Dr. Anna sts, for the owners—l am surprised that this
opinion should be now brought forward. It is distinctly op-
posed to all the authorities. The last edition of Mr. Abbott on
shipping, contains a most positive opinion, founded on the dictum
of Lord Stowell, that the reward for the preservation of life
must be left to private bounty. If it were not so—if the pre-
servation of life formed a proper claim for salvage, how would
the matter stand? Why the vessel, the property of the owners,
would be arrested, and they would have to pay for benefits
conferred on other persons. The very principles on which
salvage is founded necessarily confines it to the preserva-
tion of property. The Statute quoted does not mention
the Court of Admiralty in the section referred to, and, in
another it expressly says, that anything in that Act con-
tained shall not alter its jurisdiction. The Queen Mab was not
a case in point. It was a case of derelict —it was unopposed,
and the owners might have been unwilling to give a certain sum
to the men who had saved the life of a fellow-creature.
Dr. LusttiNnrox—ln the first place, what is the general
law applicable to the present point? An unsuccessful at-
tempt to save property, however energetic the conduct or
laudable the motives of those making It, is no title to sal-
vage. So here is the simple case of the preservation of
human life, and since I have been in practice I have always
understood, as one of the first principles of administering law,
'l.at upon that no claim for remuneration could be here
' But how is the general law affected by the statute
sleccatinonseqeu;otbeudt,
ihsoans
of
feetnhe stated
igh
authority in certain matters to the Commissioners of the
George IV., c. 75 ? It
Court of Admiralty should not be affectedf by its enactments.
So still the principle remains tb
Cinqueby ll r . Addams,Ports
and
it declares lar magistrates
es t! at
we must lock to the decision in _ b There, unques-
tionably,lion was given simply for the saving of life ;
remuneration gthi gives,
sb;
derelict, and anal coed
but the case was a case of P and tin it
k the judgment of that solemn and
eCisiumeeen
conse-
quently I cannot thin
precludes me from conclusive nature which acting on my own
• • • that this Court can give no remedy in
opinion. That opinion is,.
owners, but will not give costs.
such eases. I must dismiss the
it. It is
Dr. ADDAMS.—We do not wish
first hearing of e salvors' claim, made
that the owners, on
them an offer of 354
T think it was very handsome,
Dr. LUSlilNOTON.—...uuarbtssad_aaitsreht

rounde

nanleFdo William perry, was
POLICE.
brought before Messrs. Currie and
Saralank upon a charge of
stealing twopence, the monies of terest, under the
following circumstances.
A m iserab(lirltoo(k)inYgloTjecNt,
It appeared in evidence that
~. the complainant was in the
taproom of the Bricklayers' Arms public-house, at Croy den,
and upon her laying down the sutnt.in question for a pint of
beer, the prisoner, who had been sit tog by the fire, anal who
appeared to be in a most distracted state, snatched up the
money, and ran out of the house to a baker shop, 's
s— where he
purchased some bread, which hetile act of devouring
with avidity, wht n he was taken into custody.
The prisoner admitted the offence, and said that he had been
driven by hunger and distress to commit it.
He said he was
completely destitute and had no food, neither had he bny home
to go to. In answer to questions from the Bench, he also stated
that he had been engaged in working upon railways in different
parts of the country, and upon their completion he was dis-
charged, and he had come into that neighbourhood to endea-
vour to get work upon the South Eastern Railway.
Inspector Collier informed the Magistrates that he had rea-
son to believe the story told by the prisoner to be true,
and that he really was in a distressed and destitute state, and
that he had committed the offence in order to allay the cravings
of hunger.

that, under the circumstances,
xsopir:rsew.dashesret at liberty, and the
trifle in money, were also
The MAGISTRATES said the case was either a felony or no-
thing ; but they did not think
willingness to it should be treated as one of stealing.
with-
draw Th et
he complainant
complaint,
p rei
bread he Fad purchased, and a
given to him to enable him to go to seek for work:

So►ne eases of curious fossils arrived at tl►e Garden
`lams a few days ago, sent by Admiral Dupotet from Buenos

Ayres,

TATTERSALCS—YEnmapar.
Several Derby horses were backed in the course of the after•
noon, and. at odds, except in one instance, agreeing rather
closely with those last reported. The exception was (Aathenra,
who was advanced 11 to 1, taken, and had rather a formidable
supporter in a party who has repeatedly invested_ '4 through
evil and good report." Auckland, it will be seen, has fallen
back, a movement that might have been expected from the
feeling shown of late. Some outsiders were touched upon,
but only one (William le Gros) backed to any amount.
The Chester Cup betting was of some little importance, as
showing an improvement in Vulcan and Alice Hawthorn ; and
the Oaks, as exhibiting a very different change in Lass of
Lonton, who is now at double the odds at which she was in-
troduced. Closing averages :--