10 JULY 1858, Page 5

IJE aittrupulio.

The members of the Law Amendment Society dined together on Sa- turday, to celebrate the termination of their labours for the season and take stock. The state of the Thames drove them from any waterside hotel, and they took refuge in the Albion. Lord Brougham occupied the chair. In proposing the toast of the evening, " Prosperity to the So- ciety for Promoting the Amendment of the Law," he said that the results of the year would not compare with those of former years ; but to look back is useless; the pioneers of progress should always look forward, unless retrospect is necessary as a warning. Legal reform has been in a peculiar position, but the presence of Sir Fitzroy Kelly in office is a fact calculated to abed a light across the gloom of their present prospects. There have been, however, some important measures of law amendment recently carried into effect, and, although it has not as yet taken the form of a statute, he looked with great hope to the results of an inquiry which had been instituted by the House of Lords into the best mode of improving our railway and private bill legislation. These private bills dispose annu- ally. of millions of property, and before the extent of these transactions the business of all our courts of law and equity together sank into insignificancy. And besides, they deal with that property in a way in which no other tribu- nal could deal with it. By violence and the sheer force of legislation, with- out the least regard to wills, or settlements, or inheritances, these private bills dispose of whatever comes before them, disregarding all rights, how- ever sacred, or long established. Private bills, in short, break through every right, and yet this is the part of our Legislation which attracts the least attention from the Legislature, and is subject to every possible trick, job, and intrigue.. By combining and coalescing together parties can transform anything, however inequitable, into the law of the land. "If you will let this clause in I will allow you to keep out that," or vice versa. But the public generally is also interested in procuring more vigilance in the passing of bills through Parliament. It was only the other day that in an important commercial town a poor boy was convicted by the police magistrates, and illegally flogged. A. review of the sentence became necessary, when it was found that the only tribunal to which an appeal could be made was the Cir- cuit Court, and that that Court would not sit for five months. It then turned out that the magistrates had procured the insertion of a clause into their act absolutely excluding all interference with their proceedings, except at the Circuit Court; so that a boy might be flogged for two hours, and then imprisoned for four months, before he could obtain redress. Now, what was the origin of this ? In a private act nobody looks after the interests of the public, while the parties interested, namely, the magistrates, take care that their comforts should not run the risk of in- terruption, except from the distant and doubtful appeal to the Circuit Court. Again, m a great railway act, a discovery was recently made of a clause of a most peculiar nature. It was a clause enabling the company to give in as evidence a copy of any entry in their books, not of pay- ments to themselves, but of payments by themselves in respect of any rates, taxes, or other obligations, and that that evidence should be taken as conclusive. The House of Lords was astonished when this fact came out. Lord Brougham asked a noble friend of his, now deceased, the then Chairman of Committees, how it came there. His noble friend could not tell, but there it was ; and, for what Lord Brougham knew, it might still remain there. His late illustrious friend the Duke of Welling- ton had proposed a remedy which was well worthy of serious consideration. His proposition was that, instead of Committees of each House in case of private bills with tedious repetitions of the whole proceedings, there should be a joint committee, seven from the Commons and five from the Lords, to be presided over by a judge, who was to sit solely as assessor in points of law. The committee would act as a jurn, returning a verdict upon the facts, but their decision should not be binning on either House. The case would then go to the ordinary committees; but he had the most confident belief that the report of the joint committee would never be disregarded by either House. Another department, in which a great deal remains to be done in the way of amendment, is the bankrupt law, to which his friend the Attorney-General and Lord John Russell are now both turning their attention. But the bill of Lord John Russell contains some 500, and that of the Attorney-General some 900 clauses—a very pretty prospect for legis- lation in the dog-days, and at a time too when, for various reasons, some by land and others by water, there is a great disposition to shorten the session of Parliament.

Sir Fitzroy Kelly returned the compliment paid him by Lord Brougham, and assured the meeting that "the present prospect of law reform gave him great comfort."

A special General Court of the East India Company was held on Tues- day to confirm the resolutions granting annuities to Sir Colin Campbell and Sir James Outran, and to continue the latter to the son of Sir James. These resolutions were contested by Mr. Lewin and Mr. Jones, but their opposition was ineffectual. In the case of Sir James Outram's son the resolution was carried by 25 to 7. The court then proceeded to discuss the India Bill (No. 3) ; but was soon counted out.

A large meeting of shipowners, masters, and mariners, was held at the London Tavern on Tuesday to take steps for obtaining a charter of incorporation for the Mercantile Marine Association. The meeting ap- proved of the course pursued by the Council with a view to obtain a charter. In a memorial to the Queen the objects of the corporation are thus set forth-

" 1st. To elevate the social position of the officers and men belonging to the mercantile marine, by taking means for their superior education, and the advancement of ability and character, and the better discipline of the merchant service ; 2d. To reward officers and men of the mercantile marine for long and able service, for brilliant acts of seamanship, for saving .life or cargo, for discoveries, inventions, or other contributions to the service ; 3d. To provide refuges for aged and worn-out officers and men of the mer- cantile marine ; 4th. To establish schools, afloat and on shore, for the edu- cation and training of boys and men for the service ; 5th. To establish in- stitutions for the advantage of seamen ; and to publish, or assist in the publication of any books, maps, charts, plans, or other works, for the use of the mercantile marine ; 6th. To raise funds for the carrying out of these objects." '

It has now become a " custom " among the Americans in London and a few Englishmen of strong American sympathies to celebrate the 4th July, as it is celebrated across the Atlantic. As the famous anniversary fell upon a Sunday, this year it was kept on Monday. About one hun- dred and fifty gentlemen dined together at the London Tavern. General

Robert Campbell, United States Consul in London, took the chair ; and Mr. Dallas sat on his right. The Stars and Stripes and the Union Jack floated together, and portraits of George and " Lady " Washington, and one of Queen Victoria, "lent by her Majesty for the occasion," hung over the president's chair. With many expressions of good will to Eng- land, General Campbell proposed "tire day we celebrate." Then fol- lowed " the President of the United States," and next " the Health of Queen Victoria." The last toast was drunk with "enthusiasm," and the company stood up while the band played "God save the Queen." After " the memory of Washington," drunk in solemn silence, the health of Mr. Dallas was proposed. The American Minister spoke of the acceptance of American principles in England, and sang the triumphs of American diplomatists—a more militia compared with the regular cohorts of Eu- rope—over the said cohorts. The pith of his speech he reserved for its close-

" There is one little comment, which is to a certain extent connected with American diplomacy, on which I will say a word. You know that we have recently had some little difficulties on the coasts of the United States and in the West Indian Sea—a matter with which, as one of the Militiamen in the diplomacy of the United States, I was lately charged. Now, without referring to that question more closely, it is a point which is essentially connected with one of the fundamental principles of the American revolu- tion,—that principle being the necessity of maintaining on behalf of the great American people, as a great community, the independence of their flag. (Chem.) W ell, I am not going to argue the question as to visit and search. It has been over and over again, for years back, argued and re- argued. But I should like on the 4th of July to announce to my fellow countrymen that visit and search in regard to American vessels on the high seas in time of peace is frankly and finally ended. (Tremendous cheering, the whole company rising and manifesting the liveliest enthusiasm.) While, gentlemen, I am able to announce this gratifying fact, I think it ought also to be accompanied by the assurance that the termination of that for which we have struggled for nearly half a century has been brought about with a degree of honourable candour and fair dealing on the part of the British Government which is worthy of every acknowledgment on our part." (Loud cheers.) There were many other speeches. Among them one by Mr. George Train. His doctrine was that England and America must be either friends or foes.

India, Australia, Gibraltar, Malta, Aden, Perim, are some of the stolen gems that ornament the British Crown. If then, Columbia cast an ad- miring eye towards Cuba, Central America, Mexico, and the Sandwich Is lands, she is only walking in the footprints of her illustrious predecessor. (" Hear, hear !" and a laugh.) England is the king of Filibusters—Hen- gist and Horse, the Saxon robbers, arc her models. America thus far is but a petty prince ; but when they Filibuster between themselves the devil will be the standard-bearer. (Laughter.) At the sitting of the Divorce Court on Saturday the Lord Chief Justice said he had to state that doubts had suggested themselves to the minds of certain members of the Court as to the propriety of their refusal to dismiss Dr. Lane from the suit in the case of Robinson versus Robinson and lame. It has been brought to the knowledge of the Court that a bill is now pend- ing before the Legislature, and had passed one House, in which it is in- tended to introduce a clause for the purpose of solving those doubts, and of enabling the Court, supposing it does not already possess the power, to dis- miss the co-respondent under such circumstances as those of the present case, and make him admissible as a witness. The clause, he understood, is to apply to pending as well as to future suits. If that clause should become law, as they had every reason to believe it would, the Court would avail themselves of the power that would be given to them, and discharge Dr. Lane, and allow him to give evidence in the suit. Thinking that the in- terests of justice required that Dr. Lane, against whom no case had been established, should be discharged from the suit and examined, the Court thought that the most proper and expedient course to pursue was to adjourn for the present the further consideration of the case.

The Prince of Wales Assurance Company has, after long efforts, got an order from the Master of the Rolls for the delivering up and cancelling of the policy of assurance obtained by William Palmer, the murderer, upon the life of his brother Walter for 13,0001. An attempt was made by his solicitor to establish the validity of this policy against the company, and apply its proceeds first to the discharge of Walter Palmer's debts, and the balance for the benefit of his mother. His mother, from the outset, refused to take any part in these proceedings.

A very important case was tried before Lord Campbell and a Special Jury, in the Court of Queen's Bench, on Tuesday. Messrs. Whitfield and Co., the proprietors of the Old Bank at Lewes, sought to recover damages from the South-Eastern Railway Company for publishing a false statement that the Old Bank had stopped payment. The Old Bank is a most respectable and stable concern. Before last July, the Hastings Bank had stopped ; people in Sussex were in a rather feverish state on the subject of banks. On the 9th July, in consequence of a message sent by the stationmaster at Tice- hurst, a telegraphic message was forwarded from London to all the stations of the South-Eastern line to this effect—" No more checks or notes on the Lewes Bank are to be taken." There was no precaution devised to keep this direction private, for the use of the railway officials only ; for it was posted up in the stations where the public could see it ; the message was the property of stationmasters clerks, porters,—not bound to secrecy. No means had been used by the iailway Company to ascertain if the statement from Ticehurst were true—Williams and Deacon, the London bankers, could have shown its falsity. Fortunately, the head office at Lewes had shut up for the day before the message got abroad there, or there might have balm an utter crash on the instant. Williams and Deacon having heard the ru- mour on the 9th, communicated with the railway people, and a message to " take the notes and checks of the Lewes Old Bank" was forwarded to the stations : but the mischief had been already done. On the 10th, a " run " on the bank set in. Fortunately, Williams and Deacon had acted with promptitude and had sent down a large supply of notes and gold on the night of the 9th ; and the pressure on the 10th was successfully met. But for days and weeks the run continued ; money was dear ; the bank had to make large sacrifices to meet the run ; eventually, it did " weather the storm." It now asked for a pecuniary compensation from the milway com- pany.

For the defence, the Attorney-General urged that there was no " malice" on the part of the railway company or any of their servants. Every one connected with the company felt the deepest regret at what had occurred.

Lord Campbell directed the Jury that the defendants were liable for the acts of their servants ; and the plaintiffs were entitled to a compensation for what they had suffered. The Jury found for the plaintiffs—damages, 20001. A Jury in the Court of Common Pleas have given a verdict for 1000/. as compensation to the widow and children of Mr. Cox, the bookseller who was killed at the Colney Hatch station on the Great Northern Railway.

In the same Court, Mr. Kirley has recovered 1000/. from the North- Western Railway for hurts sustained near Watford.

Mr. Wynne, Government Inspector of Mines, was so severely hurt by an "accident" on the Shropshire Union Railway, that he has been crippled for life, and has been compelled to resign an appointment of 6001. a year ; he has a large family, and has no means. He sought compensation from the railway ; terms could not be arranged ; and the case came before the Court of Queen's Bench. It appeared that the company, in a letter, had admitted their liability ; so a verdict was taken for the plaintiff; Mr. Ser- geant Shoe to assess the amount of compensation.

A Jury in the Court of Queen's Bench has given Mrs. Search 1500/. compensation for bad hurts sustained in the Lewisham accident on the South-Eastern Railway. The company had paid in 1000/.; the lady's counsel asked for upwards of 30001. in all.

Mr. Justice Wiles has given judgment respecting a rule in the Court of Common Pleas, in a question similar to that involved in " Swinfen v. Swinfen." It was a' rule to set aside the proceedings on the ground that the cause was compromised by the defendant's counsel and attorney, with- out the defendant's authority. Mr. Justice Willes—" This rule was argued before Mr. Justice Crowder, Mr. Justice Byles, and myself. The defendant was present when the compromise was made, and did not dissent. He now swears that he did not understand what was going on, and thought that the case was only adjourned. It would be extremely dangerous to act on such statements. But it appears further that the defendant, his counsel, and at- torney, had a previous conference about settling the case, when the counsel said that he would do the best he could for the defendant. We have no doubt that the counsel did the beat that he could for the defendant. No blame is attached to the plaintiff's attorney or counsel, and therefore we think that the rule should be discharged. My brother Byles and myself, if the facts had not been such as they are, were prepared to discharge the rule, according to the decision of the majority of the Judges in Swinfen v. Swinfene that the authority of counsel to compromise ought not to be in- quired into by this mode of proceeding." Rule discharged, with costs.

In the Court of Queen's Bench, on Monday, Alfred Jeffree and Lord Charles Clinton were h 'acted for obtaining money by false pretences, and for conspiracy to defrau 1. The case completely broke down. The prose- ' cuter was Mr. Stockwell, a mining agent. Jetfree and Lord Charles Clin- ton were connected with the Wheal Zion Mine Company ; Stockwell dis- counted a bill drawn by Jeffree and accepted by Lord Charles Clinton ; shares in the mine were deposited as collateral security. The alleged fraud consisted in the fact, as asserted, that these shares had not been paid up— were valueless, and that a proper transfer had riot been made. Since the commencement of the squabble, Mr. Stockwell has had his claim fully satisfied. Lord Campbell decided that there was no case whatever against Lord Charles Clinton ; and a verdict of acquittal was taken. Even the case against Mr. Jeffree was so weak that no defence was required-. Verdict "Not guilty." Lord Campbell said the prosecution was most discredit- able."

Mr. Leipschitz, a Polish Jew, a pawnbroker at Newcastle, insured in the Phoenix Office ; there was a fire in his house ; he made a large claim; then he reduced it. The office refused to pay even this, alleging it was fraudu- lent; and something worse was alleged as to the origin of the fire ; Leipschitz's father was tried for arson, but acquitted. Leipschitz brought his action in the Court of Queen's Bench for the amount he claimed : the Jury, without hearing counsel's reply, found a verdict for the Company.

Two breach of promise cases were tried on Wednesday. Both were re- mark ible.

In the Court of Exchequer the case of "nagger v. Bush" was tried. Mr. Bush, while a medical student, fell in love with Susan Hagger, servant to the surgeon at Harlow in whose house he resided. Susan was prepossessing in appearance—exemplary in conduct. Her father is a pensioned soldier, and keeps a beer-house. Mr. Bush, whose father and mother are dead, would court the girl, spite of her mother's remonstrance at the outset on the ground of the difference in their circumstances. Eventually, Mr. Bush's aunt consented to advance money for the training of the young woman to fit her for her nephew's wife ; and Susan was sent to a clergyman's in the country, and made rapid improvement in the niceties and refinements of society. But now Mr. Bush changed his mind, would not have the girl, and would riot even see her : there was no ground urged for the change. At the trial, the defence set up was that Mr. Bush is insane, and had been touched with madness when he made his rash promise. It was shown that he is now a lunatic ' • but it came out that he had become some time since addicted to drink. For the plaintiff it had been proved that Mr. Bush, when courting, had shown no signs of madness—his love-letters were "plain, affectionate, reasonable, clever,"—not the customary silly effusions : "I should not have been ashamed of having written them," remarked Mr. Baron Bramwell. Mr. Bush is entitled to property. The Jury gave 400/. damages to Miss Nagger.

In the Court of Queen's Bench, Miss Read, daughter of a corn-chandler in Shorediteb, sought damages from Mr. Samuel A. Wells, son of a corn- factor. There was no doubt about the promise to marry. It was shown for the plaintiff that Mr. Wells's father had also taken a liking for Miss Read ; he wanted to oust his son from the lady's affections, and oflered to marry her himself. She preferred the son, who continued his wooing in opposition to his father. But after a time young Wells wished to break the engagement. He has property. There was nothing to be urged against the voung lady. Lord Campbell told the Jury they ought to give damages; and the Jury found a verdict for 5001.

At the Central Criminal Court, on Tuesday, Layton Ashton, formerly a clerk in the London and Westminster Bank, was tried for forging a check on the bank for 1200/. The case broke down on a technical point, and a verdict of "Not guilty" was taken. There were other charges against the prisoner, which were about to be postponed, when he elected to plead "Guilty" to one of larceny in stealing a check. The sentence was. six years penal servitude.

Mr. William Richards, a country gentleman, brought an action, in the Court of Queen's Bench, against Mr. Cocking, a chemist in Great Portland Street, for damages, for having negligently administered to him an irritant poison, by which he suffered a good deal and was put to some expense for medical attendance, &c. Mr. Richards applied to Mr. Cocking for a dose of fluid magnesia ; he alleges that Mr. Cocking, from carelessness, gave him some Burnett's disinfecting fluid ; he swallowed a very. small portion, but it made him ill. Mr. Cocking denied the allegation in tote : he did not keep Burnett's fluid; he gave Mr. Richards fluid magnesia, and subse- qpently Epsom salts and sal volatile. The Jury found for the plaintiff— damages 751.

Insurance Companies are not always in the wrong in resisting claims made upon them. March, a German Jew, and journeyman glass-cutter, suffered from a fire in the house where he lived ; he claimed from the Phoenix 1651. as his loss. The Company believed that nothing like that amount of property had ever belonged to March: they refused to pay his claim. March brought an action in the Court of Queen's Bench. After the Jury had heard both sides, they found for the defendants ; and Lord Camp- bell said the Company had only done its duty in resisting the claim.

On Wednesday, William Wilmshurst was convicted of fOrging and utter- ing a check on the London and County Bank. Sentence, ten years' penal servitude.

Mr. Grossmith, the publican who under excited feelings assaulted the Reverend Mr. May, master of the Brewers' School, pleaded guilty to " unlawfully wounding," and a charge of " feloniously " assaulting was withdrawn. With the consent of the prosecutor; the defendant was merely required to put in bail to appear to receive judgment if called upon.

James Blagg, a clerk in the coal department of the Great Northern Rail- way, was convicted of stealing 338/. from the Company. Sentence, three years' penal servitude.

You need not " paint the lily," and you must not defile the Thames ! On Thursday, a clerk from the office of the City Solicitor applied to Mr. Yardley, the Thames Police Magistrate, for summonses against three men for throwing dung into the river Thames from the pier-head, St. Katherine's Dock. Mr. Yardley granted the summons, but said he con- sidered it "a most inconsistent proceeding. Under another art of Parliament thousands of tons of refuse are being poured into the Thames daily, while under the Conservancy Act a person is liable to a penalty for throw- ing into it mud or dung in small quantities."

The Lord Mayor has committed Richard Taylor, a cabman, for " steal- ing" a sovereign. Mr. Morgan,, who had been drinking, gave Taylor a sovereign to change to pay a fare ; the cabman pretended that Mr. Morgan had given him a shilling, and not a sovereign. A sovereign was found on Taylor. He was astonished when he heard that he was to be committed on a charge of "stealing."

Cheap amusement. "William Alfred Brown, LL.D.," a young man, put his arm round the waist of a married woman in the Brompton Road, at night; her husband came up, and remonstrated ; Brown struck the husband repeatedly, and finished by kicking him. For these outrages the Westmin- ster Magistrate fined Dr. Brown 51., which he at once paid.

Mr. Thomas Cullen, for many years a successful writer, has committed suicide by throwing himself down the well of a staircase in Lambeth Work- house. Mr. Cullen had been compelled to become an inmate of the house ; lie had exhibited much depression ; and a Coroner's Jury pronounced his fatal act to have arisen from " Temporary insanity."