The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-08-30 00:00:00

expressing a wish to go there. The tents of thE
tronns were distinctly I:WPM frnm the walls of

imperial

LIVERPOOL SU2IIIIIER ASSIZES.

Our dates from Foo-Chow-foo reach to the 24th ult. The
city of Yan-ping-foo, not far distant, had been besieged,
and was supposed to have fallen, and all communication
with the interior was stopped by the rebels. Great com-
motion'exists at Foo-chow-foo, which seemed ready for an
outbreak ; but the Tartar garrison were determined to
make a stand on the approach of the rebel force. The
inhabitants continued to move from the city with their
property. A timely supply of rice from Formosa had
relieved the distress. Our advices from Amoy are to the
2nd instant. The imperialists still held Chongchow and
Tang-wa, where there had been constant fighting, with
much slaughter. The insurgents held Amoy, and continued
to extort money from the native merchants. Trade was
entirely stopped.

CROWN COURT.-TIIESDAY, AUGUST 23.

(BEFORE MB. JUSTICE WIGHTMAN.)

SWIFT V. ROSTRON AND OTHERS (ExEctrrons).—The
plaintiff, Thomas Entwistle Swift, is a solicitor at Black-
burn, and sought to recover the costs in a chancery suit,
" Yates v. Anderton," which had been decided against the
plaintiff, since deceased. The action was laid against
Elijah Rostron and others, as executors under the will.
The case was an exceedingly complicated one, and had re-
ference more especially to whether the plaintiff had re-
ceived a retainer in the chancery suit or otherwise. After
the case had been opened, and one witness called, it was
agreed to take a verdict by consent for the plaintiff, sub-
ject to a certificate from the master in chancery, who
should also have power to decide the retainer.
MACKAY AND OTHERS V. BIRCHALL AND OTHERS.—
The plaintiffs, Messrs. Mackay, are merchants and ship-
owners, carrying on business at Liverpool, and sought
compensation. in damages for an alleged illegal distraint
on their property, consisting of collieries, &c., at Rainford,
by the defendants. The defendants, Messrs. John and
Thomas Birchall, and others, are the owners of the col-
lieries, which they leased for a certain period to the plain-
tiffs. The case for the plaintiffs was, that in 1848 they
entered into partnership as coal-proprietors, and for that
purpose took extensive works at Rainford belonging to
the defendants. Among these works were the Victoria
collieries, at which the alleged illegal distraint had taken
place. The plaintiffs were to pay a certain rental for the
works, according to the amount of coal obtained, which
was to be estimated by measurement ; and under the
terms of a lease drawn up between the parties the de-
fendants had power to recover by distraint any arrears of
rent, after due notice had been given. In January last,
when it was necessary to ascertain the quantity of coal
which had been raised, some difficulty occurred in conse-
quence of varieties of the coal being obtained from different
seams, and two persons were appointed to make the mea-
surements. The plaintiffs employed Mr. Mercer on their
behalf, and a Mr. Bates acted for the defendants. The
difficulty previously referred to prevented the measure-
ment from being carried on so expeditiously as it would
otherwise have been, and the defendants, on applying for
their rent, were made acquainted with this circumstance.
Notwithstanding this intimation, the defendants' attorney,
Mr. Mayhew, made a distraint on the plaintiff's' colliery,
stopped the works, and caused considerable interruption
to the business ; and it was not until the plaintiffs had
paid a sum of money (much larger, it was alleged, than
was due) that the works were released. The defendants'
attorney threatened to announce a sale of the property
unless their demands were complied with. It was on the
ground that the defendants had been guilty of an illegal
distraint that the plaintiff's sought compensation in
damages. After the plaintiffs and another witness had
been called, whose evidence did not materially advance
the case for tire plaintiffs, his Lordship intimated that
there was no damage on which the plaintiffs could recover.
A conversation then took place between the opposing
counsel, and it was. agreed to terminate the case by the
withdrawal of a juror.
JONES V. ncuotsoic.—This was a case involving a
question of mercantile law, upon which a verdict was
taken by, consent for the pliiintiff, damages £2OO, subject
to a special case.
USING SLANDEROUS LANGVAGE."—DRISCOLLV.BODDY.
—Dennis Driscoll was the plaintiff, and William Boddy
the defendant. The action? was brought to recover com-
pensation for slanderous language alleged to have been
used by the defendant towards' the plaintiff: From the
evidence for the plaintiff it appeared that theplaintiff, who
is a basket-maker, worked ibr the defendant, a joiner and
basket-maker, at Southport. In January last he left the
defendant's service, in consequence of refusing to work
overtime without being paid for it, and went into the em-
ploy of a Mrs. Taylor, carrying on a similar business in
the same town. A few weeks afterwards, while' passing
the defendant's honse in company with Mrs. Taylor's son,
the defendant called out to him, "You are coming to steal
some more stuff, as you did last Saturday night but-one;
you thief—you d—d thief. I have some more people to
prove you- took stuff from my premises, and took it to
Birkdale station, and sent it from• there to Liverpool:"
Mrs. Taylor's son was with the plaintiff at the time. Next
day the plaintiff was discharged from Mrs. Taylor's service;
.Ind he alleged that he had lost his situation in conse,
quence of the imputations made against him by the de,,
fendart. It appeared that some transactions had taken
place between the plaintiff and defendant, which led to the'
latter being held-to bail before the magistrates. The jury
returned a verdict for the plaintiff—damages 18.

_ _
AMERICA.
ARRIVAL OF THE NIAGARA.
By the British and North American Royal Mail Steam-
ship, Niagara, Capt. Leitch, which reached Liverpool on
Sunday, we have intelligence from New York to the 16th,
and Boston to the 17th instant.
The U. S. steam-ship Humboldt, from Havre and Cowes,
arrived at New York on the 15th instant.
The Niagara brought 92 passengers, but no specie.
The America, hence for Boston, was passed about 70
miles from the latter port.
The weather was very hot at New York, the thermome-
ter ranging from 90 to 102. Upwards of 200 persons had
died from the effects of the heat in seven days. The vic-
tims were principally Irish, with a sprinkling of Scotch.
and English, one of whom was named M'Donald, of Liver-
pool. The total number of deaths at New Orleans for the
week ending the 14th, by yellow fever, was 1,530. The
deaths on the 14th were 200. At Northampton, Mass.,
whilst the officers were in the aet of carrying out the
Maine- liquor-law by destroying about 250 gallons of
liquor, it was set on fire by some thoughtless boys, and
four of the bystanders were badly burnt.
At New Orleans the yellow fever was raging with great
virulence. The total number of deaths for the week end-
ing the 12th was 1518, of which 1277 were from yellow
fever : on the 13th the deaths were 174-153 from yellow
fever.
The despatches received at Washington from Commo-
dore Shubrick, who is in command of the United States
squadron on the fishing coast, were of a pacific and satis-
factory character. The schooner Arunnah, from Bay
Chaleur, arrived at Kennebunkport on the 9th inst. The
captain reported the intentional collision of her Britannic
Majesty's steamer Dveastation on the 28th July. It was
clear sunlight, and the Arunnah was twelve miles from
the land, near St. John 'lsland. The captain of the De-
vastation had - spoken her the eveninc, previous, and
ordered them to keep a light all night, which was not

WEDNESDAY.
(Before Mr. Justice Erle, and a Special Jury)

ATTWOOD V. CO-LE AND ANOTICEE
settled out of court.

—This case

done. On the morning of the 28th the steamer was seen
coming down for them, and those on hoard the schooner
heard the order given to " starboard," which made her
course directly for the schooner. The subsequent order
of " steady, steady," was given, and the steamer struck
the stern of the schooner, taking off her main-boom and
gaff, and doing other damage. Not a word was spoken on
board the steamer, which kept on her course.
It is stated, in letters from Havana, that the slave ship
Lady Suffolk had escaped from the hands of the authori-
ties at Laguna de Terminos, and was again at large.

COMMERCIAL INTELLIGENCE.
NEW YORK, AUGUST 16.
MONEY.—The low prices that have recently prevailed at
the Stock Board have induced fresh parties to come for-
ward, or else more speculation exists among those ope-
rators who remain to watch the course of events- in the
city. The sales have been large. Exchange on England
very irregular, and in general at a decline of 4 to 4 per
cent. We quote 1084 to 1094 as extremes.
- COTTON.— (From W. P. Wright's Circular, of August
16d—Operations have been only to a moderate extent,
owing chiefly to a difficulty in obtaining freight, while in
some cases a slight yielding in price has been apparent,
attributable to the prevailing strengency in the money
market. The sales since the 9th instant have amounted
to 6,000 bales, of which the bulk has been taken for Eng-
land. The export during the same time has been 4,183
bales, all to Liverpool. The• estimated stock in port is
put down at 70,000 bales, of which I think 30,000 are on
shipboard, not cleared, or in store, sold, but not delivered ;
our available stock I estimate at 40,000 bales.
BREADSTUFES.—The foreign demand for flour having
been checked by the-stringent state of the money market,
much difficulty was experienced in effecting sales in quan-
tity. On the arrival of the Africa, with Liverpool dates
to the 30th ult., a decline of 181 c. per barrel was submitted
to, at which considerable purchases were again made for
shipment to Europe, and about half of the decline has
since been recovered. Wheat is 2c. to 3c. per bushel
lower. Indian corn has declined 2e. per bushel.
PnovisioNs.—Pork is firm at $15,50 for mess, and
$12,75 to $l3 for prime. For beef no change in prices.
Lard dull.

PITCHFOIVTIT V. THE LANCASHIRE AND YOiKSIIIICH
RkiLwxy-.—The• plhintiff, who is a carter, iii the employ'
of Mr. Bigley, of this town, claimed compensation in
damages from the defendants for an injury alleged•to have •
resulted from negligence on the part of their servants.
On the 29th January last, the plaintiff, a youth about 17,
was employed to cart goods from the warehouses of the
defendants, in Love,fane. The plaintiff placed his cart
close. to the warehouse containing the goods, and a chest
or case was lowered, to a certain distance, and' checked,.
before it reached the cart. The plaintiff was unable to
reach the case, and while standing underneath, waiting
for its gradual descent,. it came down suddenly, without
any previous notice• being given by the men in charge of
the tackle. The consequence was, that the plaintiff had
one of his legs fractured; and received some other injuries..
He was taken to the-Northern Hospital, and it was some
time before he recovered; even partially, from his injuries.
It was alleged by the •phiintiff that, owing to the person
in charge of the jigger taking off the break entirely, the
case had gone down suddenly into the cart, and so caused
the accident. This view of the case was supported by the
evidence of a•witness. Several witnesses were called for
the defence. The jury returned a verdict for the•plaintiff
—damages £25.
THORN TON V. REDHEAD.--This was an action to recover
a sum of £5B Bs. 7d., being the balance remaining' due of
an account originally. amounting to £124 Bs. 7d. The
defendant had paid £l5 into court, The plaintiff is a
shipowner and shipwright, and the action arose upon an
agreement to execute certain repairs to the steam-boat,
Helen Fawcett, of which the defendant is the owner.
The question was, one involving an examination of matters
of account and charges far work done, and whether such
work had been executed by the defendant's authority.—
After the plaintiff's case had been partially gone into, the
court adjourned at half-past six.

InoN.—The demand. for Scotch and pig is good, but no
change in prices. '
FEEIGIITS.—To Liverpool, for cotton; 5-16 d. to id. per
lb. ; flour, 2s. 6d. to 2s. 9d. per barrel ; grain, in bulk,
74d. to Bd. per bushel.
NEW OBLEANdI Aro, 15.—Sales of the week, 2,500
bales. Middlings Rec. The stock in port by actual
count is only 16,000. _ _

CHARLESTON, AUGUST 15.—Sales to-day 300 bales, at
unchanged prices.

ARRIVAL OF THE WASHINGTON.

By the United States mail steam-ship Washington,
Captain Fitch, arrived off Cowes on. Friday, on her way to
Bremen, we have intelligence from New York to the 13th
instant. _ _ _ _ . ,

The Africa arrived out on the 11th instant.
The weather was excessively hot in New York, and
many deaths occurred from coup de Weil.
An awful collision had taken place on the Providence
and Worcester Railway, in which twelve persons were
killed and many wounded.
The yellow fever still committed ravages in New Or-
leans. . .

The fisheries' question continued to absorb attention.
Despatches received at Washington from the commander
of the American squadron were of a pacific and, satisfactory
character. The British squadron was actively employed
in keeping the Americans without the prescribed limits.
Her Majesty's steamer Devastation had recently seized
an American schooner, and sent her into Prince Edward
Island, where, after a short detention, she was released.
An United States sloop was busily engaged in warning
the American fishermen of the presence of British men-
of-war.

- -
WEDNESDAY.
THORNTON V. REDIMAD--This case (adjourned from
the preceding day) was resumed, and after some additional
witnesses had been examined, it was agreed that three of '
the jury should go down to the vessel and examine the
work. They were to be accompanied by two surveyors,
one acting for the plaintiff and the other for the defendant.
After an absence of two.or three hours they returned, and,
gave a verdict for the plaintiff for £2B 16s. in addition.
to the sum of £66, which the defendant had 'already paid.
WHITHAM V. WIRTHAM.--John Sutcliffe Witham was.
the plaintiff, and George Witham the defendant. The ac-
tion was brought to recover a sum of £250, which it, was
alleged the defendant had received from the plaintiff in
the course of some business transactions. The defendant
pleaded a set-of;' that he was never indebted:; that the
plaintiff was not a: partner ; and also, that the statute of
limitations barred the claim. It appeared that the plain-
tiff is the surviring,partner in a concern carried on, tmder
the name of the Apton Colliery Company, at Burnley.
The plaintiff's partner, Cornelius Radcliffe, diedlth.lB4B,
and some time afterwards it became necessary to balance
the accounts. The- defendant was then, amthad been for
some time previously, cashier to the concern. The accounts
were made up by two eminent accountants, who were as-
sisted by the defendant, and up to the sth of May, 1850,
the balance against the defendant was £627 46. 1141. This
was submitted to him, and he admitted! its,,aectuiaey ex-
cept as to an item of £250, which was the subject of the
present action. Several witnesses were called, and a
number of books and documents put in; to support the
plaintiff's case, There were entries.of the £250 in some of
the books, but it did not appear clearly whether the money
belonged to the account of Mr. Cornelius Radcliffe, the
plaintiff's partner, or to that of the defendant.—The jury
gave a verdict for the defendant on, all the issues except
the statute of limitations and tha‘set-off.
A CS.AI3I POR SALVAGE.—LERSON, V. HARRISON.—
This was an action to recover an; amount of £5OO, alleged
to be due from the defendant for salvage,. The plaintiff, a
mariner, was one of the crew of the ship Swiftsure, which
sailed from this port in October last for Bonny, on the
African coast. In January Ta.st,,he,. with another seaman,
the surgeon of the ship, and, some blacks, went to the
assistance of the Lady Worsley, which was stranded in
Bonny Harbour, the crew having made their escape from
her, and she being a derelict.. The defendant was the
owner of the Lady Worsley. The plaintiff and his com-
panions with difficulty reached the vessel, which was then
in possession of the natives, who were stealing the cargo,
and at the peril of their lives cut away the masts and
sails, by which she was lightened, and floated off at, the
next tide, ultimately saving the cargo, valued at £lB,OOO.
It was elicited that the plaintiff, and those who assisted
him, acted under the orders of the master of the Swift-
sure. For the defendant it was contended that no action
could lie for salvage; that the plaintiff acted under the
orders of his captain, and was bound to give his services
as he had done ;. and if there was any claim at all it must
be by the master or owners of the Swiftsure ; besides, if
an action could lie, it must be jointly by the whole of
those engaged, in the service rendered to the defendant's
ship. His lordship proposed that the opinion of the jury
should be taken as to the amount to which the plaintiff
was entitled, and that a nonsuit should be entered, with
liberty to the plaintiff to move to enter a verdict for the
sum so found, if the court above should decide that the
plaintiff's action was maintainable. Ultimately it was
proposed that, if the court above should decide that the
action was maintainable, Mr. Tobin, the owner of the
Swiftsure (plaintiff's own vessel), should then decide as
to the amount to which the plaintiff would be entitled.
This arrangement, after some conversation, was agreed to
by all parties.
In another action, arising out of the same circumstances,
" Matheson v. Harrison," the record was withdrawn.
ARNOLD V. BAINRRIGGE.—This was an action arising
upon an award made a short time ago by Mr. Baron Platt
requiring the defendant to pay the plaintiff a sum of
£2258 14s. 6d. At the outset of the case his lordship
stated a legal objection which was fatal to the defendant's
claim, and a verdict was immediately given for the

The Lord Stirling affair was regarded at Washington
as a very curious revelation. It was said, however, that
Lord Stirling must first get his, pretensions acknowledged
by the British government before they would be enter-
tained by the American Cabinet.

The city of Glasgow screw-steamer, from Liverpool,
passed the capes of the Delaware on the 11th inst.
The steamship Illinois had. arrived at New York with
the Californian mails, and specie value $1,103,000 .on
freight. _

Letters from San Juan del Sul announce the discovery
of immense goldfields in Central America, near that port.
This had caused great excitement, and tales of $l,OOO
being made by each man per day were current.

plaintiff.
There being no more causes which could be brought
over from the other court, his lordship intimated that, so
far as concerned his court, the business of the assizes was
terminated. The court adjourned shortly after three
o'clock.

NISI PRIUS COURT.-TUESDAY, AUGUST 23.
(BEFORE MR. JUSTICE ERLE.)

ONIONS V. OzowLEY.--The trial of this cause was re-
slimed this morning, the plaintiff's case having been heard
on Monday. The Jury gave a verdict for the defendant.

CRITCHLEY V. WEii:—The plaintiff was Walter Richd.
Critchley, and the defendant Thomas Nathaniel Webb.
The declaration was for the goodwill of a business, and for
the stock and fixtures of a business sold and given up by
the plaintiff to the defendant, and for money paid and on
an account stated. There was also a count for malicious
words spoken by the defendant of the plaintiff. The de-
fendant pleaded that he never was indebted, and that the
plaintiff caused him to enter into the supposed contract,
and to incur the said debts by fraud. The plaintiff is a
starch manufacturer and manufacturing chemist, carrying
on business at Opensliaw, near Manchester ; and the de-
fendant, Mr, Webb, was formerly a bookseller, but at pre-
sent carries on business as a manufacturing chemist in
1414494.1tMt, 4iprrWl, ya4cli

THE LIVERPOOL STANDARD, AND GENERAL COMMERCIAL ADVERTISER.

from the plaintiff in April last. It appeared that the de-
fendant had filed a bill in Chancery in reference to some
of the questions involved in the bargain. After the case
had been opened, and the plaintiff examined, a conference
took place, at the suggestion of his lordship, who foresaw
that there was likely to be much conflicting evidence. The
result was that a verdict was taken for' the plaintiff, by
consent, subject to a reference, the plaintiff withdrawing
the count for slander, and the defendant his plea of fraud.
THOMPSON V. TINDAL AND ,ANOTHER.-11l this case,
the plaintiff, Johnson Thompson, a ship joiner and cabinet-
maker, at Sunderland, and the defendants, Mr. Peter
Tindal, jun., and Dr. Hodgkin, residing in London, are
owners of a ship called the Kangaroo, lately built at Sun-
derland. It appeared that the plaintiff was employed to
fit up the ship in an elegant manner for the Australian
passenger trade. He received from the defendants £212
whilst the work was going on ; since the present action
was commenced they had paid £202 into court, and they
pleaded that they were not indebted in any further sum.
The plaintiff claimed £l4B 7s. 6d. beyond the amount
which had been paid. The defence rested mainly upon an
alleged overcharge for the work, which was not contracted
for. At the close of the plaintiff's case, the court was
adjourned.

TURNER V. TINDALL AND ANOTHER.--In this case it
was sought to recover a sum of money for work done. The
sum of £212 had been paid under the contract, and a further
sum of £202 had been paid into court, which it was con-
tended was sufficient to meet all claims due by the de-
fendants to the plaintiff. The jury, by their verdict,
awarded £O5 to the plaintiff beyond the amount paid.

M'NAUGHTEN AND OTHERS V. THE MAYOR AND COR-
PORATION OF LTV'EMPOOL AND OTHERS.—Sir Fitzroy
Kelly, Mr. Hugh Hill, Q.C., and Mr. Cleasby, appeared for
the plaintiffs ; the Attorney-General, Mr. Knowleg, Q.C.,
Mr. Cowling, and Mr. Milvvard, for the mayor and corpo-
ration of Liverpool ; and Mr. Serjeant Will.iris for the
other defendants, who were the contractors under the cor-
poration. The declaration alleged that the plaintiffs were
possessed of certain bleaching, dyeing, and printing works,
situated on the River Yarrow, and were entitled to the
water of that river for the purposes of such works, and
that the defendants dirtied the water, whereby the plain-
tiffs were injured, and unable to carryon their works. To
this the defendants pleaded "Stot Guilty ;" a denial
that the plaintiffs had a right to, the water ; a denial
that they' dirtied the water ; and a justification, under the
Liverpool Water-works Act of 1847.
Sir F. KELLY said that the plaintiffs were calico prin.
ters and bleachers, and had carried on their works for
nearly a century. The Corporation of. Liverpool had ob-
tained an act, authorising them to construct certain large
reservoirs, for the purpose of supplying.' the town of
Liverpool with pure water. In the execution of these
reservoirs and the works, they had inadvertently and un-
necessarily injured the waters of the river Yarrow, by let-
ting into that river large quantities of foul water, so that
the plaintiffs were at length obliged to stop their bleaching
and printing' works- A supply of the purest water' was
absolutely necessary to their business, and so excellent was
the quantity and quality of the water of the river Yarrow,
that the plaintiffs and their predecessors had been enabled
to produce goods which had obtained such celebrity that
they commanded the best markets, not only in this coun-
try, but on the continent. They employed 500 handk and
had laid eut £30,000 in improvements in their works,. and
were possessed of a capita/ of £60,000, Up to August,
1852, the waters of the Yarrow were perfectly pure and fit
for use ; but, during that month and September, they be-
came mixed with some deleterious matter, although only
slightly and occasionally. During the months of October,
November, December, and January, the water became inr--
pregnated with some foreign and' clayey substance, which 2
injured all the operations at the works. They could not
produce a clear white or clean colour, but only a dull
dirty hue ; and tfie goods, instead of being of a first-rate
quality, became second-rate, and =saleable, and only
fetched a reduced price in the market. For some
time the works were obliged to, be stopped altoge-
ther. Inquiries were made as to the cause, and it was
ascertained that the impure substances came from the
operations connected with the Knowsley embankment at
Rivington, as a portion of the Liverpool water-works. In

the fomaiion of this embankment sulistance consisting
of silicate of iron and alumina was dug. out in large quan-
tities. The defendants had allowed this to become mixed
with a stream called the Old Goit, and had, for their own
convenience, made a communication between this and the
river Yarrow, whose waters thus became impure. Com-
plaints were made to the corporation, but they ended in no
satisfactory arrangement. Irresponsible corporations were
very often reckless of consequences to individuals who were
fess powerful than themselves. They said they found it
necessary to do what they had done; and so had done it,
and' that the plaintiffs must seek their remedy elsewhere.
For a. time the plaintiffs were. obliged to stop their works
altogether, because they found- that they could only pro-
diice•an.unsatisfactory article-, which was calculated to in-
fure'their name in the market. The defendants said that
they were not the cause of the injury to the plaintiffs. But
that it was caused by them would'clearly appear; for dur-
ing. a cessation of pumping the • water into the Old Goit,
viz., in February and March, the water in the Yarrow was
as• pure. as ever it was. In April the Goit was again
opened, and then again the water • became four, impure,
and injurious to the plaintiffW works. At the end of
Ay,ril the case was taken befbre Vice-Chancellor Sir
Page Wood, who granted an injunction against the defend-
ants, which still existed, and from that time down to the
present moment the water had been as pure as ever. The
defendants could not contend with success that they were
not liable, because they were empowered by their act to do
all that was necessary in doing the works ; or that if they
hadicaused an injury to the plaihtiffs, they certainly were
entitled to compensation ; but that it was not to be ob-
tained by action, but in the mode directed by the act—in
other words, that the present action was not maintainable,.
He contended that the defendants were bound to go to
even an unnecessary expense so as not to injure the water
of the river ; in point of law they had no right to injure
the, waters of any river common to the Queen's subjects.
They were bound to execute their works, doing as little
damage as possible, and the only question was,was it pos-
sible to avoid the injury they had done ? It had' been found
possible to avoid doing injury in April, and he would ask,
why not possible to avoid it altogether ? The corporation
proceeded under the Waterworks Clauses Act, 10th Vic-
toria, cap. 17, s. 12. The proviso in that' section was,
" that in the exercise of the said powers the...undertakers
shall do as little damage as can be." Could: they execute
their works without this damage ? If' they could not,
then compensation was to be given in the way directed by
the act ; but if they could, then the plaintiffs had a right
to maintain this action. _

Mr. Justice Erie called attention to the words of the
act, that the defendants " may from time to time make
such other works as they shall think proper." He sup-
posed that it would be admitted that nothing had been
done which the corporation did not think necessary.—Sir
F. Kelly said he would admit, if it were wished, that the
corporation had done• nothing to wilfully damage the
plaintiffs ; but at present he could make no admission as
to what might have been thought proper.—Several wit-
nesses were then called and examinefi for the plaintiffs.
After which the court adjourned at six o'clock, till next
morning at nine.