The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-01-17 00:00:00

LOCAL NEWS

LANDLORDS AND TENANTS.—The notice of tenants is
particularly drawn to the advertisement issued by the Income
Tax Commissionere in another part of our paper.
STEAM-SHIP CALEDONIA.—This noble vessel was seen
eighteen miles west of Cape Clear at nine o'clock on the
morning of the 6th—requested to be reported.

SHOP ROBBERY.—At the Police Court. yesterday, a man,
named Henry Edward Jones, was committed for trial, at the
next sessions, for stealing a tape line from the shop of Mr.
Higgins, ironmonger, in Marybone, on Saturday last.
PHILARMONIC.—It will be seen, that the Philarmonic
Concerts will, in future, be given in the hall of the Collegiate
Institution. A reference to the advertisement is recom-
mended to the supporters of these concerts.
We understand that the Lords Commissioners of the
Admiralty have ordered from Messrs. Gladstone Brothers,
Sparling-street, their Patent Windlass Purchase, for her
Majesty's yacht, now building at Pembroke.

JERUSALEM BISHOPRIC.—A long list of six columns of
additional subscribers to this fund appears in the Times of
yesterday, a oonsiderable portion of whom have been for-
warded by the clergymen of this town. We notice the names
of the Revds. J. H. Stewart, Dr. Tattershall, W. Maynard,
W. H. Ewbank, W. Rawson, T. Nolan, F. Ould, &c., &c.
THE RUDE LIGIIT.—This powerful light was exhibited,
for the first time in Liverpool, on Saturday night. On that
evening, Messrs. Jeffrey and Morrish, of Compton House,
exhibited five lights in the windows of their extensive esta-
blishment. The effect was brilliant. On the part of Church-
street, opposite the shops, a pin might have been seen, so
perfect was the light.
SUSPICIOUS CIRCUMSTANCE.—On Friday last Barnard
Murphy was placed before Mr. Rushton, charged with
having secreted himself in the excise-office, on the previous
night, with intent to commit a felony. Two centre bits
were found in his possession, and the messenger at the excise-.
office deposed to having found the prisoner concealed behind
one of the doors in the building, and stated that he had no
doubt the prisoner intended to rob the premises, as it being
the day before pension day, a large amount of cash was left
in the office that night for the purpose of payment on the
following morning. Mr. Rushton ordered his committal to
prison for three months.

FATAL ACCIDENT.—An inquest was held on Saturday,
before P. F. Curry, Esq., the Borough Coroner, to inquire
touching the death of George Gould, aged 75. On the
morning of the sth December last, one of the mail-carts was
passing, not at a very rapid rate, along Bold-street, when the
deceased attempted to cross, unseen by the driver. He
walked under the head of the horse and was knocked down,
and, a wheel passing over him, his leg was broken. The
driver pulled up immediately. The deceased was carried to
the Infirmary, where his fracture was attended to. Sloughing
came on, and he died on Thursday last. Verdict, " Acciden-
tal death."

To-day will be launched from the building-yard:of M
P. Cato, southwest corner of the Brunswich Dock, a new
brig of about 170 tons register, the property of Christopher
Jackson, Esq.

SHOPKEEPERS' HOURS OF Busnasso•Nire have much
pleasure in directing the attention ut our renders to an au-
vertisement in our columns of to-day from the Association
of Tradesmen's Assistants. We are very happy to find that
SO many respectable tradesmen have adopted the recom-
mendation of the public meeting held, under the auspices of
the Mayor, two years ago, and we sincerely hope that so
salutary an amendment of the old habits of business will
soon become general in the town.

PUBLICANS FlNED.—Twenty publicans were fined: 17
Mr. Rushton on Friday, in sums varying from 20s. to z£

for allowing tippling in their houses at various hours, varying
from past twelve on Saturday night to the time of opening
allowed by law on the Sunday. It may be well to remind
the licensed victuallers that the penalty is not the only con-
sideration worthy their attention, but the renewal of the
licenses will be jeopardized on the next licensing day.
CORN CONSUMPTION.-It appears, upon reference to the
best recent reports relative to the corn market, that the con-
sumption of grain is increasing, and that the stock of free
foreign wheat are becoming very much reduced. The quan-
tity of Wheat and Flour in granary at Liverpool on the 31st
ult. were only 170,000 quarters, and 25,000 barrels, 6,000
sacks, the Wheat having been reduced since Nov. I, by
100,000 quarters, and the Flour by about 14,000 barrels.
Authorities usually considered good in such matters, main-
tain that the foreign grain and flour will soon be cleared out,
although business in the London market, where about 500,000
quarters are held, is very quiet at present. The pcospects
for the new crop are looked upon as highiy satisfactory
Acc

IDENT AT THE " CENTRIFUGAL RAILWAR" EXHI-
BITION.—We regret to learn that a very serious accident oc-
curred, a few days ago, at this exhibition. A lady named
Brindle, residing in New Bailey-street, Salford, had placed
herself in the carriage for the purpose of being whirled round,
when, owing to some obstruction on the path of the carriage,
it was precipitated to the ground, a short distance from the
starting point. The lady was thrown out, and the carriage
falling upon her, her thigh was broken, and she sustain other
serious injuries. She was conveyed home, and a medical
gentleman was promptly in attendance by direction of the
proprietor of the exhibition. She was also attended by her
own medical adviser, but we understand she is not yet out of

danger

CHURCH OF ENGLAND SCHOOLS, CORNWALLIS-

--A public examination of the scholars receiv'ng education in
the Church of England schools Cornwallis-street, took place
last evening in the presence of a large assembly of the sup-
porters of the schools, and the parents of the children. The
examination was conducted in several portions of the Scrip-
tures, to which the replies of the children, given extempo-
raneously, were most satisfactory. They were also examined
in secular knowledge with the like issue. At the close of the
examination Mr. Clarke, the head master, was presented by
Mr. Wilkinson, of Lord-street, on the part or the pupils,
wiih a handsomely-framed Portrait, in oil, of himself, as a
testimonial of their regard for his continued exertions for
their improvement. Mr. Clarke made a suitable reply ; and
the proceedings terminated shortly after nine o'clock.

BIRD'S NEST EMBEDDED IN THE HEART OF AN OAK
TREE.—On Tuesday last, as two sawyers, in the employ of
P. Chaloner, Sons and Co., ship-builders, Baffin-s,treet,
were employed in cross-cutting the limb of an oak tree, they
came to what they considered a flaw in the wood, which, on
examination turned out to be a bird's nest, containing six
young birds, both in a state of perfect preservation at the
time, though a little damaged, subsequently, by careless
handling. The young birds are nearly full fledged, and must
have been nearly ready for flight, when the closing up of the
entrance to the nest entombed them alive. The exclusion of
the atmospheric air must have been very sudden, for the
bodies apparently retain all their juices, and exhibited not
the least symptom of decomposition. The hole in which the
nest was built was six inches long by three inches wide, and
it was inclosed by three inches of solid wood, at the side
nearest the surface. The birds, we believe, are of the ox-
eyed titmouse species.

BODY FOUND.—On Friday morning, about eight o'clock,
Matilda Harrison was picking chips on the South Shore,
when she saw something in the water which she judged to be
the body of a man. She immediately went and informed her
grandfather, who accompanied her to the spot and dragged
the body out of the water. It was conveyed to the Receiving-
house. It was the body of a man, about fifty-three or fifty-
four years old, five feet six or five feet seven inches high, fair
complexion, bald head, with some gray hairs at each side.
He had on a brown great coat .with large horn buttons,
stamped with a crown, black body coat with silk buttons, a
black double-breasted waistcoat, drab kerseymere trowsers,
black silk stock, brown jane gaiters and shoes. An inquest
was held on the case on Saturday, when a verdict was re-
turned of " Found drowned."

DEATHS IN THE WORKHOUSE.—On Friday last, an in-
quest was held on view of the.body of Peter. Jump, a pauper
in the Liverpool Workhouse. It appeared that the deceased
was found in his bedroom, at the workhouse, on Thursday,
between twelve and one o'clock, hanging by a shawl from
the wall. He was cut down, but was quite dead. The
deceased had shown several symptoms of aberration of mind,
and the jury found a verdict of insanity.—On the same day
another inquest was held on view of the body of Mary
M'Avoy, also an inmate of the workhouse, aged 75 years.
The deceased got liberty to go out of the house on Monday
week, and on her return complained that a boy had run
against her and knocked her down. In the course of the
same day she was again thrown down by the wind, whilst
she was in the yard. The surgeon to the establishment
stated that deceased had, by one of the falls, suffered a frac-
ture near the shoulder joint of the left arm. She gradually
grew worse, and died on Thursday morning. Verdict,
" Accidental death."

ROBBERY.—Two young women, named Margaret Mat-
thews and Mary Crellin, were charged before Mr. Rushton,
on Friday, with having committed a serious robbery on the
previous night, at the house of Mrs. Taylor, publican,
Bevington-hill. Mrs. Taylor deposed that Matthews was
related to her, and had been brought up by her from child-
hood, and that Crelly had been in her service about three
months. Both of them had lived with her in the capacity
of servants. A variety of articles, comprising bed-linen, a
shawl, and other property of domestic use, had been ab-
stracted, to the value of £l4l, according to her estimate. A
police officer stated that having heard of the robbery, and
meeting the prisoners carrying each a bundle, he accosted
them, and asked what they were conveying away. The an-
swers not being satisfactory, he accompanied them to a
house in Chisenbale street, and there found the property
produced, and which Mrs. Taylor identified as hers. Crelly
stated that she had been incited to the commission of the
theft by her companion. Mr. Rushton ordered both pri-
soners to be sent to trial at the sessions.

LIVERPOOL PHILHARMONIC SOCIETY.—We stated a few
days since that this society had obtained the Lecture Hall
of the Collegiate Institution in which to hold their future
rehearsals and concerts. When we call to mind the fashion-
able character of these meetings and the many very excellent
selections of music with which the subscribers have hitherto
been favoured at the different quarterly concerts held at Mr.
Lassell's saloon, we look forward with high expectations to
the result of this removal, now that, with greater facilities
at their command, the committee have the power of increas-
ing the number of subscribers, and if properly supported
they will be enabled to obtain the assistance of first-rate
metropolitan talent. When it is considered that a very large
proportion of the practical members are gentlemen amateurs,
too much praise cannot be lavished upon the excellence of
their performances, vocal as well as instrumental. As we
understand that the subscription list is rapidly being filled,
we would strongly recommend all true lovers of good music
to lose no time in enrolling themselves members of this
highly interesting society. Liverpool has frequently, and
of without cause, been contrasted in no very enviable way
with Manchester as regards the support of musical specula-
tion. Surely, now that an opportunity so desirable offers,
an excellent room, music of sterling character, performances
of known talent, with a committee of gentlemen whose taste
cannot be questioned, we shall not in future deserve to be
considered as second to any town in the kingdom as appre-
ciators of a delightful science. We are informed that Miss
Birch, Mr. Machin, and Mr, Walton are engaged for the
full dress concert in March • when Miss Weller, who re-
cently made so successful a debut in Dublin with Thalberg,
will perform on the piano-forte. It is proposed, we believe,
to have twelve concerts in the year,—viz., four quarterly full
dress concerts, with metropolitan talent; and eight monthly
undress concerts, with local talent. The terms of admission
to the reserved gallery and body of the room are uncommonly
moderate, The pupils of the institution are to be admitted
at a low annual charge to the upper gallery. The follow-
ing gentlemen are members of the committee :—Rev. A.
Campbell ; James Aspinall, Josias Booker, Christopher
Bushell, Robertson Gladstone, R. W. Houghton, Edward
James. John Leyland, Duncan M`Viccar, Thomas Moss,
Charles Mozley, John Radcliffe, Samuel Turner, Chorndley
Woodward, John Wright, Jos. Atkinson, R. W. Bateson,
R. H. Bownas, William Clare, Robert Clay, B. Coleman,
Thomas Jos. Duarte, Edward Eccles, Robert Jones, W. S.
Litler, John Russell, William Sudlow, and John Swainson,
Esquires. _ _

LOSS OF THE STEAM SHIP MONK—ADDITIONAL PAR-
TICULARS.—The crew consisted of eight men, and there were
at least 18 person more on board, the owners of the cargo.
Six only from the whole have survived the catastrophe.
Hugh Jones, the engineer, is the only one belonging to the
vessel who is saved. The survivor and three others soon af-
ter she struck launched the punt, which could carry no more
than six men, and reached a bank along which a considerable
distance they had to drag the boat, and crossed two other
channels before they reached the main land. They informed
the Llanddwyn Fife-boat-men of the accident, who went off
towards the wreck about eight o'clock, but after two hours'
fruitless exertions they could not reach the steamer, and were
forced to return in consequence of the tremendous swell then
running over the bar. It was a trying thing for the survivors,
though not aware of their own safety, to reflect upon the
scene of misery they had lately left, which is represented as
of the most heart rending description. Many in despair and
fear had lost all control over themselves, others were engaged
in fervent prayer, and all seemed too timid or overawed to
avail themselves of the example of the engineer and his party,
to launch a more powerful boat on board, by means of which
a greater number, if not the whole, might have been saved.
The captain declared from the first that he would not leave
the ship while a plank stuck together. About eleven o'clock
p.m., the vessel was breaking up, at which time the unfor-
tunate sufferers on board had crowded into the rigging, from
which, one after another, they were seen to drop off as nature
became exhausted and benumbed from the cold. Fifteen un-
happy beings who clung to the weather shrouds were washed
off at " one fell swoop!" On Sunday morning the shores of
Menai were strewed with the carcasses of pigs and masses of
butter ; the owner of the latter was saved with another person
by the life boat, from the wreck, after the most trying misery
all the night of Saturday. The corpse of Captain Hughes
has been washed ashore at Belan. None of the others hai e
as yet been found.—North Wales Chronicle.—[We under-
stand that Captain Hughes had swam to shore twice to
obtain assistance, and in all probability he was lost whilst
making another attempt. This heroic man was wrecked
some years since in the Formby Channel, in No. 1, Pilot-
boat, and then distinguished himself by his intrepidity.]
MINOR THEATRES.—The trial of the informations laid
by the proprietor of the Theatre-Royal (and not by the
lessee, as we erroneously stated on Tuesday last), was fixed
to take place on Friday, but was postponed until to-morrow
week, the 25th instant. There were five informations against
Mr. Copeland, one against Mrs. Copeland, four against
Mrs. Honey, one against Mr. Melville, one against Mr.
Conway, and one against Mr. Egerton and Mr. Sloan.
None of the ladies were in court. Mr. James, barrister,
appeared on the part of the proprietors of the Theatre-Royal,
and Mr. R. S. Sowler, of Manchester, for the defendants.
The time specified for the trial was eleven o'clock ; but after
waiting two hours, the Rev. Jonathan Brooks, attended by
the Rev. John Moss, came from the criminal into the civil
court, and took their seats upon the bench. Mr. James said,
he appeared in support of the accusation, and if the chairman
thought proper, they would proceed with only one case.
Mr. Sowler said, he appeared in behalf of the defendants,
and as the chairman had stated that the magistrates could
not detain the parties in the other court, some of whom had
come from a great distance, he suggested that the case should '
be adjourned until the 25th. The chairman said, the question
rested, in some degree, upon an act of parliament, and, in
another degree, upon the proof which was advanced. It
would, therefore, be advisable that a bench of magistrates
should be got, and then the matter would be conducted in a
manner desirable to both parties. He thought the case
should not be gone on with without a bench of magistrates,
and, as to himself, he had no objection to make one of them.
The case was adjourned until that day. Mr. Sloan said be
would be stopped from going to America. The chairman
then said, amidst considerable laughter, on ascertaining that
he was one of the parties summoned, " The best advice I
can give you would be to go to America without delay."

LIVERPOOL 'BOTANIC GARDENS

The annual ME

,c Gar

South i

anal report of

lid to consici

f the Liverpool

circular to each I

FR

of the officers,
kbeen forwarded

LEToN, the pre"
attended•

ident, took the chair

The CHAIRMAN COME

s by reading

the committee'

pllowiag is a sum-

wary :
The report stated that in conformity with the resolution
passed at the last annual meeting, a sub-committee had been
appointed to open a negotiation for the sale of the garden to
the common council, but the sale was not completed, and
the various steps which the committee resorted to in conse-
quence, and which have been already before our readers, are
there detailed. The committee then say, that according to
the resolution passed on the 2nd May last, they have been
enabled to raise a sum to pay off the whole debt. The re-
quired sum has been borrowed for a term of not less than
seven years, at the rate of three per cent. interest, the Bank
of Liverpool having consented to make up the defficiency at
the same rate, on the distinct understanding that every ex-
ertion should be used to raise the full amount as soon a 6
possible. The report then calls upon the body of proprietors
to use their best exertions to induce their friends to become
proprietors or suhscribers ; and after noticing the continued
annual forfeiture of shares,• which threatens the ruin of the
institution, states that at no previous period of its existence
was the garden in such complete order and perfection. It
concludes by noticing the vast multitudes of the labouring
population who visit the garden on the public days, The
committee regret that they have only received £lOO annually
from the corporation, a sum totally inadequate to retain the
loss sustained by the increased expenditure and reduced sub-
scriptions consequent on the gardens being opened to the
public two days in the week.
The PRESIDENT said there were one or two things to
which he wished to call attention. The first was, that the
committee had succeeded in borrowing a great part of the
money, and in this way they had reduced the interest of the
debt; but he was sorry to say, in consequence of so many
shares having been forfeited, he did not know that they had
gained much by that. By borrowing this money at £3 Pet
cent., a saving of £54 per annum was made ; but in conse-
quence of the defalcation in the subscriptions, and the for•
feitures of shares, they had a diminution of income to the
amount of £7O; so they were £2O worse off than before.
Another matter was the subscription to the corporation•
He and Mr. Holt had waited on the Mayor with a commu-
nication from the committee respecting an increased suL-
scription : they were most courteously received, and the
application was referred to the Finance Committee ; but
whether anythik additional would be received from that
source was, at least, exceedingly doubtful. The subscription
of £lO3 was totally inadequate to repair the loss sustained
by the gardens being opened to the public two days in the
week. The committee had reason to believe that marl
persons availed themselves of these opportunities of visiting
the gardens, who otherwise would have paid their subscrip-
tions. In conclusion, he would mention that the committee
were satisfied it would require the greatest exertions to keep
up the gardens with any degree of credit, and the greatest
point with them must be to increase the number of sub-
scribers.

Mr. HADWEN, the treasurer, then read a statement of his
accounts, from which it appeared that the current expenses
amounted to £694 17s. 5d., whilst the income was only
£704 19s.

On the motion of Mr. WATSON, seconded by Mt.
FALKNER, the accounts were passed, and the report
ordered to be printed.
Mr. E. MULLENEUX moved, and Mr. ROBERT MATRO
seconded, a proposition that Dr. Reynolds be elected press'
dent for the ensuing year.—Carried unanimously.
The Rev. Jonathan Brooks, the Rev. James Martineau,
Dr. Freckleton, Mr. J. V. Walker, Mr. John Bent, and Mr.
H. Newman, were elected the committee for the next year.

On the motion of Mr. HORSFALL, the thanks of the pro-
prietors were voted to those ladies and gentlemen who bad.
presented seeds and plants to the gardens during the pas:
year. Thanks were also returned to the officers of the past
year, and to the proprietors of the Athenaeum for the use of
their committee-room.

The next resolution authorized the forfeiture of all those
shares, the subscriptions for which were in arrear for 1841,
and previously.—lt was carried unanimously.
The CHAIRMAN said, this was all the ordinary business,
but the committee had received notice that several resole'
tions would be proposed—copies of which had been sent to
each proprietor. . _

Mr. E. 11 FALKNER said, that being the person who
had given notice of these resolutions, he would first rest
them, then explain them generally, and afterwards they might
be put seriatim.—Mr. Falkner then read the following :••••••
" 1. That the rules of January, 1841, whereby the gardel
have been closed altogether on a Sunday, be rescinded, an
that hereafter they be opened on that day to proprietors and
annual subscribers, after two o'clock p.m., until dark in the
winter, and until eight o'clock in the summer months.
" 2. That the committee be authorized to engage a bawl
of music, to play in the gardens on twelve evenings during
the next summer, during such hours, and on such particular
evenings, as they, from time to time, at their discretion, se'
cording to the state of the weather, shall determine, public
notice thereof being given in some convenient manner.
" 3. That there shall be three public exhibitions of ha;
tanical and horticultural specimens held during the next
summer, one in May, one in June, and one in August, tbc,
days for holding which shall be fixed by the committee •, 50°
in order to encourage competition, and to remunerate thee'
hibitors for expense and trouble, a list of prizes shall be
framed, and advertised by the committee as early as possible;
on the principle of the one advertised by the Horticulture`
Society of London, that is, specifying at once every iv°
for which a prize will be given, and the amount of that prize;
leaving it to the exhibitors to contend for it at each or at
of the three exhibitions, as he may please or find it cos'
venient, the gross amount of such list not to exceed £lOOO.
" 4. That all proprietors and annual subscribers be 0(3
mitted to the exhibitions free of extra charge.
" 5. That the scale of subscriptions for the present ye°l
shall be,—proprietors as heretofore, one guinea and a lisi;l
s
with the following privileges, that is, free admission at '
times for themselves and families resident with them, (err
cept sons, brothers, or nephews, of age, and in businessrf°,
themselves,) with power to introduce, either personally,
by special written order, any number resident more than Of
miles from the gardens, but not exceeding three at once °
residents within five miles.

" G. Annual subscribers for family tickets two guinea*
with all the same privileges for the year as proprietor*
except actual ownership in the property, and the rights eO,l,
sequent thereupon, such as voting at meetings, &c., and al*,
except the privilege of giving written orders of admission t"
residents within five miles of the gardens.
" 7. Annual subscribers, for non-transferrable tickets •
Single ticket, 10s. ; two tickets in same family, 18s. ; three
ditto, 245. ; for every additional ditto, 7s. more. Entrant;
fees for strangers, resident more than five miles from P
gardens and not introduced, Is. each. Exhibition tielcet,
~.
for the three exhibitions, single, ss. ; double, 9s. ; treb,l7,
125.; and 2s. for every additional ticket. For one exhibitOr
only, purchased befole the day, 2s. •, on the day, till f°°
o'clock, 2s. 6d. ; after four o'clock, ls. No orders on
hibition days or Sunday."
After Mr. Falkner's explanations, a long discussion el;
sued on each of these resolutions. On the first, Mr. AO
HODGSON, seconded by Dr. TATTERSHALL, moved, asjo
amendment, that the gardens remain as at present. As
,„j
amendment, however, was a mere negative, it was age';ll„
that the question should be put for or against the origin,
motion. A division took place, when the original motto
0
was carried. Long and interesting discussions took Pl 5
upon the other resolutions, at the end of which they 4.
all carried.
The thanks of the proprietors were then voted to
Freckleton, for his conduct in the chair, and the meoß-
separated.

MR. STUART.—TREATRE-RoYAL.—Mr. Stuart relic
geared at the Theatre-Royal last evenino., after an abseP
of two years ;—he was warmly welcomed
on his entrance' d
LIVER THEATRE.—Mrs. Honey is playing a round
characters at this theatre with considerable eclat.
The weather, since the storm of Saturday morning, biliSof in this locality, been of a varied, and latterly, of a grate % $
kind. Saturday was fine for the season. Sunday °lv
dismal winter day, with heavy falls of sleet, snow, and bai,•r,
so that none but the robust
could venture abr6ad. lrettef
day was again dry and cheerful, but exceedingly wet urtb •
foot ; and last night was cloudless and almost calm, wl air
brilliant moon. The gale has certainly quite passed el°
and a slight and salutary frost will probably set in.

/
before Mr. Rushton on Saturday, in answer to a chargo,
having on the Sunday previous sold a small book at hiss h;;,
Mr. Sheppard said he pleaded guilty to the charge, but cf p,
plained of being singled out for persecution, and was fine
Mr.
Mr. Sheppard then laid an information against Wm. SPei„re,
the Mayor's coachman. He stated that on the Sunday belog
at a quarter before one o'clock, he saw the defendant turrof
his coach round which he believed was following his ujit.
avocations on the Lord's day. This was confirmed by a 'id
ness. Mr. Shuttleworth, the Deputy Town-clerk, aP,P.e,:O for the defendant. Ae contended, that the defendant to",.;pr come within the meaning of the act, which, in its first sec'ref,
set forth, that, no tra,:,-sinan, artificer, workman, lahe°
w
or other person whatever, shall do or exercise any orlaltbe
bour, business, or work of their ordinary callings uPal!r
Lord's day, or any part thereof. The defendant was nettbed
a tradeaman, an artificer, s
a workman, or a labourer, tot
the general term, " or other person whatever," could tot
apply to him, for Lord Tenterden had laid it down'
..010
when general words followed farticular ones, the
was to construe them as applicable to persons
ejtsefore
generis. In the case Soudiman versus Breach,
1.00
Lord Tenterden, it had becn held, that a stage colic' oly
were not within the meaning of the act. If a stage e° the
man were not within the meaning of the act, neither WI 10'
coachman of a private gentleman. If so, indeed, other 110 toestic servants would be so, as a footman waiting 111,°13 to
master, for instance.—Mr. Rushton asked to be allowed
bit
look at the case. The case, Sandiman v. Breach, Was toe where a person booked a place, and paid half the fare GOV
by a common stage coach 'from Clapton to London on a -se
day, and the coach proprietor refused to carry him, hec-aos/
there were no other passengers ; whereupon he hired a
;lot
chaise to go to his destination, and sued the propric,,tf,..delie'
the amount. The case was heard before Lord Tenter
when the defence was, that the contract was illegal, anti
Judge reserved the point. It was snbsequentlyargueA
Baron Gurney, in support of the rule, raised the point the;
consideration, by stating that the whole turned uP°ThrP
point whether the contract entered into on the Sundaloo
illegal. Lord Tenterden gave judgment. The opinioet„, I.;
that the case did not come within the statute 3d ChafrifbP
or 29th Charles 11. By the former it was enacted, nC
, o
no carrier with any horse, riot waggonman sol
waggon, nor carman with any cart, nor wainman withe
L es
wain, nor driver with any cattle, shall, by theinseyatter;
any other, travel on the Lord's Day ; and, by the "'„the`
"That no tradesman, artificer, workman, labourer, araioitr;
i
person whatever, shall do or exercise any worldly
ijord
business, or work of their ordinary callings on the ~ tbel
Day." It was contended, that under these words, o
persons whatever," the drivers of stage coaches we'r,fol'
eluded. " But were general words," said his lbrdshilNbilti
low particular ones, the rule is to construe them as aPKot
to persons ejusdem generis. Considering, then, 'tßioaeo
Charles I. carriers of a certain description are men 000'
and that in the act 29, Charles 11., horse-carriers, traggeptioP;
and travellers of certain descriptions are specifically In t hold
ed, we think that the words ' other persons,' cannot
been used in a sense large enough to include the owner ;
driver of a stage coach. On these grounds the rule 11'_e, Eply
discharged." Mr. Rushton, having read the above user set
the grounds stated by Lord Tenterden where stricfo,
plicable to the present case. The words "or other Rej,jorlc:
were limited in the act. It was set forth in the act of op
1., that persons who were robbed when travelli?g_ndort.;
Sunday were not allowed to recover from the huoiog
yet, in a case where a person was robbed while keoe;
church one Sunday, he was allowed to recover, fool°
it was held, that going to church was an act of 17.,ged,hje
The defendant must be acquitted. The Mayor '4004,
say, that, in this case, he was,
person, and not the defendant. The carriage was trot)*
in reality, the re'4o
on Sunday, for the purpose of bringing him from tho, tto
into town to go to church, and was not made use I It Dlo
day, for any object of pecuniary profit or recreation:eistqd
always been considered right that the Chief ;51, or‘le
should himself set the example of going to churcni_foraid
to induce others to attend their places of worship.
tions had been laid by the same party against Mr: 0400
the Exchange Newsroom, and against two other to'

newsrooms, but they failed for want of eyidenccr