The Statesman.
London, England, 1819-07-21 00:00:00

Tilt STATESMAN..

LONDON SESSIONS, JULY 40.

STKAIIMOATS.-111 PONT T rAsE..

ibionEso,l n. TUC WATIJOILM'S COMPANT•
This was an appeal to the Coast to set aside the
contictiren of Thomas Breerikmn and others, Pro-
prietors of the Engineer Margate Steam-boets by the
Master awl !Wets of the Watermers's Company, for
rouging a wester number of passengers than is allow.
ed by the Act of Pirlinmetit.
Mr. Bot.Lano 'primed for the Appellants. The
I conviction he said took place in April last, when the
boat of his Clients was on her way between Gr
and London. She bad on board it appteved 99 pas-
sengers, and it being then contended that .he was not
authorised to carry more than GO, a conviction took
place, by awarding a penally of 191. 10s. ; that iv,
10s. for each additional passenger beyond the specific
•11111iltf allowed by the Act. This conviction was
resisted, and he thought very properly, sewn several
emends. Into all of these be was prepared to ewer,
if netuesvry, bet without going into the Acts of Par.
liameret, he would at once take an ohjoesion, in limbic
to the conviction. Upon the face of this, one of-
fence was alleged to have bee. committed, awl the
By.laws of the Court of Aldermen, on the selieel,
had adjudged that a penalty of not more than
and not less than 10s. should be paid by the miner of

Oily boat, butte, wherry, &c. for carrying a greater
number of passengers than is allowed. The Act of
Parliament, 10 Geo. 11. which 'wooded to the largest
class of boats. made she fell penalty not more than
31 for the • lance, bet here instead of WIC the con.
viction was for 39 offences. This he thought, at
once, fatal to the proceedings.
Mr. ALLLT, who roppotted the coneictios, said,
that common sense shooed that if the offence was
multiplied, the penalty et tended. The Act espressly
said, for every passenger beyond a certain number,
and if the penalty could be leviwl for one person only,
the restriction would be altogether nugatory. This
was the hid ',perkiest, and an agonies one was.
as relating to steam-boats, the proprietors of which
would very willingly pay the fall penalty for an
tetra passenger, if they were thereby entitled to take
so excess of 100, whose fern would him I. the
most ample way.
Mr. BOLLAnn said, that steam-boats were Dever
rentemplated by the Act of Parliament. The 10th
George 11. and the 34th of the King, spoke of "tilt
boat, ron-barge, or any other boat or wherry," the
largest of which wiser considerably 1s tonnage than
ateamAsoats. It would be unjust, theoefore, to affix
IM penalty laid down in a very,old Act of Parliament
for an offence which never could bate been foreseen.
Here be could not help remarking, that when theists
.14. Stanhope talked of the eat roductiou of ateans.boals
and was bold neigh to anticipate their crossing the
Atlantic, his observations ware regarded as the re-
eyries of a modems. Ile (Mr. B.) however. was one
of those who gasecredit to As prognostication's of his
Lordship, and had lived to we the day when steam-
boats had arisen, crossed the Atlantic, sad arrived
safely in a British port. If the Legislature, therefore,
had ern foreseen the use of rem-boats, bet left
this cons onuses in the Acts, provides should be
resole to meet them, Ned not base terming to other
enactments to the Hely of a gnat aid useful inven-
tion. The Act procipally applied to tilt.boats and
the like, carrying bat sissy, whereas steam-bore
were capable of carrying hendeeds of persons. Upon
the whole, he cootended, that setting aside the non.
description of the boat, that there had been but one
offence committed. and the parties who conflicted his
Client bad acted wren.
The Rumness& said they had acted right. The
clause is the Act was, " that if any master, steers-
man, Ac. of any tilt•boat, row-barge, or any other
boat or wherry shall be worked, &e. and take vs
board say one or more passengers beyond, Ac. that
for every stick offence they shell forfeit sad pay. acc."
Ile was decidedly of epistles', that every additional
passenger coostitated a distinct offence.
Mr. A Luc thee proceeded to prove the case.
Samuel Sparrow said, that he knew Brookson, the
Catemonder of the Engineer &saw Packet. On the
the 19th of April, he .an her between Gravesend
and Linden, having on board 99 passengers. Tito
fares, be believed, were between two and throe
shillings.
Crosseelamieed.—lie did not see Breams paid
the fare by any of the passengers.
Mr. BuLLAND now submitted that the case was
set made oat either in law or in fact. Is the first
place he coeteaded, that this be yes set within
the weaning of the Act ; and weirdly, that it was
not proved that the Appellant bad worked either for
hire or gain. Bet even waving these points, for the
sake of argument, ho would suggest smother prin-
ciple spinet the coronation. The object of the Le.
gislatere is king the number of passengers for or.'
tie sized boetsf yes dendrites' the prevention of
danger, and the Act expressly made It a felony end
treespertelhe offence, where an accident occurred
through a breach of the first rule. Ile would, than-
fere, ask the Liaised Recorder, If he was slitiag
elsewhere, sad [keelson was tried for, an accident
wader similar circesestances could his Lordship
direct the Jury to find a verdict of eeesictiee, when
a description of his boat was net to be friend is the
Act of Parliament? The fact was, that the prohi-
bition of the Legislators Weeded to boats ke. of
not SWIM than lb tons, and the tonnage of the steam•
boat was perhaps 300! Upon these grounds the
wieldiest, he conteaded, mast be gsashed.
Mr. ALLEY said, he was of epistlers, with his
'timid, that it was not so mach the kind of boat, but
the danger's, neesher of passengers which was coo-
templated by the Legislature. As to the position,
that hire sr gain was net proved, that was easily an.
swered. There was good prime facie ',Welke alike
far, and the thing had often been Jarred by Juries
with segard to stage-coaches, where no actual pay-
ment for fares was made out. Men of common sense
could cosily we this, and though it was for the oppo-
site party to prove that they had carried all their
passengers gratuitously, yet the offence would be
the same, for who wild attempt to dewy that 90
persons in a boat was aid all alarming aid dangerous
@amber to early. The description is the Act, of
" any. other boat or wherry." applied most corn.
pletely in the present car, and the host being worked
by steam was no answer to the conviction. Suppor,
he would ask, that it became pretticable to work
the stagecoaches by steam, would that jus'ily the

~*nets in taking such a nombe► of ailditinnel pas-
sensors ss would lead to accident and (tangos ?
Mr. IiOLLAILND swim read lb. clause frosts the Act.
to show that th. boat of Mr. Brooksno did not fall
within the description liable to the prosily.
The REOOR DEW slid there was certainly something
lin this, and it struck him forcibly that the stesm•boat
I In question partook as arch of the principle of a ship
las a boat.

Mr BOLLARD said. he felt conscioes that a dis.
'TM% never would has• been attempted to be levied in
pars of the conviction.
The RECORDER and the COURT then proceeded to
'amine the record of the conviction, when it was
discovered that it was there stated to be for " an of
fence," and not "offences." If the penalty es-
tended, as it might, In law, to every individual beyond
the prescribed number, it could not of course be
railed a single offence. This objection alone, there•
fore, waving the point of non.desco ipsion of the boat
(which might have been more fully conaiderril by the
Court) was fatal to the conviction, which must be
quashed.
Mt. Au.' hop►d it would not go abroad, that
becau►e of such an error itr words, the prorretlisigi
acre, in themselves. wrong, and that roasters of
these boats were to lie allowed to carry such a num-
ber of passengers as might lead to great mischief and
danger.
Mr. ROLLAND also frosted, that so useful and vale-
able a discovery as the stesm•Mata was not to be es-
plod'', or injured rayon grounds that were not only,
not equitable, but illegal.
The Coosa ordered the appeal to be allowed, esti
the conviction quashed.

SCOTCH JURY-COURT, JULY 10.

FURhars DRIVING.

ALLAN N. r•LEIIN AND °vitas.

Tbis iuos in this caw was se folln•s

" Whether on or about the2sth (ley of July, 1818,
the Waterloo coach, of which the Defenders are
proprietors or contractors, was martyrised 'salvia
the North (aerensferry and Inverkeithing, in come.
geom. of the negligence or improper conduct of
the coachman or gond, whereby the Pursuer, then
• passenger in said coach, suffered bodily harm."
The damages were laid at, for medical minutes,
2001. ; for solotiree, bOOOl. It appeared from the
evidence in this case, that the Pastier, on the 25(1.
of July list, was ais outside passenger on the Water.
lon coach, running to Perth; that after crossing the
ferry, and between it and the old Toll-bar, where
she read breaches off towards Dunfermline, a one-
'horse gig, having in It two piteous, attempted to
pass the coach ; the coachman was excited by severs'
of the papaws, and amongst them the Perseer, to
keep before the gig, and put his hones to a gallop,l
thine' desired by the guard to pall up; whilst din-
ing et this lariats rate, and turning a sloop angle of
the fond, the coach upset, end the Pursuer, with
other passengers, was dreadfully hart; his left arm
was dislocated at the shoulder joint, his leg dread-
, fully maimed, some hard sebstame about the coach
bevies parented it through and through near the
1 calf, lacerating the terid,us and blood vessels se
much, es to pet his life in the most immiurut danger;
and Dr. Thompson deposit', that earn at this time
he was not oat of danger, and that he thought the
amputation of the lee most ultimately follow.
Mr. JIMMY replied for the Defenders, and called!
three witnesses, who tratierowy was intended as a
eatigstion of design, sad wrist to prove the fact of
the Poneer reciting the cinchona to pass the gig (by
which the overthrow was occasioned). One sheets
stated that the accident °canted by the wheels piss.
ing over a stone ; bet on cresaesemination, being
asked the size of the atone, he said, At was sup size
at ell.
The Loan Cum Commissional slimmed ep the
case with his usual perspicuity, stating the bearings
of the Padang en each side, when the Jury reined
for a short time, and returned a verdict for the Put.
ever.—Datesan, for medical espences, 2001., and
for solation 10001. The trial lasted nearly eight
boats.

A shock of an earilleake was felt es the 6th inst.
at Outmode, in the Department of Loire inferieure,
&boot west in the synagog. It appeared to be in the
direction N.N.W. sad was preceded by a poise simi-
lar to that of distant thunder.
A sailor, who says his same is Jaw (Satires, and
that he belongs to Hall, was leaded from • packet at
Falmouth en Sender, god Wooed before ANDIUST
Youso, EN. the Mayor of that town. lie stated,
that on the 29th of June, 1817, he was walking in a
field near Stockton.uponsTees, with a young woesin
named Marian &ibises's, to whoa he paid his ids
dresses ; and suspecting that she hewed another
men, a dispute arose between thee, on which he drew
a knife from his pocket and stabbed her under the
left breast. On her falling, he led, and contrived to
evade mash, entil he got onboard a vessel sod left the
kingdom, from which he has bees 'West ever since ;
bet being usable to support the horrors of remorse
that constantly haunted him, he confessed the crime
be had committed, aad resigned himself into the
hands of justice. This is the story be Olt, but how
far it is true it is Impossible at present to say ; he'
has been committed to the county jail, awl his stile-
meat transmitted to Stocktoo.—(Cernwail roper.)
UTDROPHOIIIA•—Another fatal Justine.' of *Li+
alarming melody occurred in Sheffield on %Verities(' ty
night, in the death of Joseph Newell, a m;iser, em•
plo)ed ip the service of Messrs. Booth and Co., and
formerly an apprentice at the Low-moor iron-works,
Bradford. Th. deceased ass 20 years of age, sod
recollects having beers bitten by a rabid onimi
shoes 12 weeks since; the wound was in the thumb,'
sad since presented an oppeuratire of being smell.—
The trot sjimptosos of hydrophobia were r!;t1.1.).51
en Wednesday morning early, when Isis medical at.
tendanta were speedily t•ossincel it was a c ! we,
case. The quertii,y sit 'alias a hich flowed cv;•i test)
from him irei4atoil every shill coiritioraus :
dutinc
his indescribable auffe‘iulia, he retained a perfect per-
wove of wsioiLtill within tan hours of the flame of
life being estinct, several times previous to ahi ch ha
barked like a dog. It is sincerely horpod• that this
additieual cove will prodore some 'Motor,. regula.'
lions for diminishing the useless nen.ber of the ll iii e
species in Sttellield, where they are SO IflisestionS es'
to have become a very serious nuisance.—(•hr.ffieN
l'arr.) •