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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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,, before me . I may perhaps , therefore , be exd for suggesting that when the learned Solicitor- Grene-CU 1 ms his attention more particularly directed to that case , vT ill probably be induced to re-consider his opinion . It £ been argued before me , and the position is set forth by fhp company in thfe case submitted to counsel , that < alth £ rh the leg islature makes positive enactments which in t . l mselves seem too clear to have doubt about , yet that the rts sometimes give a construction that the words do not ° m ) ear to warrant . ' Of course in any question . of doubtful moanin g 1 should look with great respect to any judicial in" . etationof aclauseinan actof Parliament ; but I should ot think of going out of my way to look for strained interpretations of language , which is plain enough until itismado the subject of vague and speculative definitions . As an attempt has been made to influence my judgment , by telling mo that the superior courts often _ give a construction to an
act that the words do not warrant , I may be excused tor alludjno- to the conflict of opinion that sometimes arises when the courts have to speculate on the Legislature having meant something different from what is said . I may instance the well known contrariety of decision that has been given in reference to a clause of the Vagrant Act , on the meaning of which Mr . Justice Patteson put an interpretation which has subsequently been overruled by the Court of Queen ' s Bench , though the opinions of Mr . Justice Patteson remiined the same . The point subsequently came before
the Barons of the Exchequer , who , agreeing with Mr . Justice Patteson , differed from the majority of the judges of the Queen ' s Bench . So that what is the law in that court is not law in the Court of Exchequer . I allude to these circumstances for the purpose of , showing how desirable it is for me to keep strictly to the common sense of the statute , when any speculation as to an implied meaning at variance with the expressed meaning is the cause of so much uncertainty , even among the hig hest and most learned legal authorities in the country . For these reasons I adhere to my opinion that in prohibiting hackney carriages
from plying for hire ' elsewhere' within the metropolitan police district 'than at a standing or place appointed for the purpose , ' the Legislature meant elsewhere without exception , and that if any exception had been intended it would have been expressed . It has been alleged , m the course of these proceedings , that the only motive of the railway company , in wishing to substitute railway regulations for police regulations with reference to Lackney carriages at a terminus , is a desire to promote the convenience of the public . Even assuming this to be the fact , it is riot desirable that a certain number of privileged hackney carriages should be withdrawn from the control of the police commissioners , who are responsible for the performance of their duties , whilst the railway companies are under no responsibility , and though at one time making regulations for the public benefit , may at another time think tit to make regulations less for the benefit of the
public than for the profit of themselves . Some regulations made by the railway companies have been most inconvenient to the public ; and I may instance a very general practice of placing On the sides of the railway cabs numbers different from , those on the legal plates . The public , mistaking the number , placed very conspicuously on the side for the number of the licenses , in many cases have taken summons against a wrong number , by which a real offender has escaped , and an i nnocent party has been called on to answer for an offence ho has not committed . If , howeverthe public convenience were really tho object of
, tho railway company , there has been abundant opportunit y for carrying that object into effect . After Hie hearing of tlio case , I communicated with tho Commissioners <> f Police , and I had the authority of Sir Richard Mayno 'o e xpress to tho company—as I did through the secretary <> f the company on tho same day I received such authority -the readiness of the commissioners to appoint a standing for hackney carriages ut the terminus , and also to adopt , miy regulations suggested or hitherto enforced by the coml » iM . if hucIi regulations should be deemed conducive to <¦''« public convenience . The time allowed for compliance
with | , h ,, \ llw j ms j Jeen employed by tho company m endeavourin g to discover whether by any possibilit y the law . <'«» be evaded . It is my duty to put the law in force , 'coking , however at the case * before me , as . one selected ' 'l- nettling ( , | 10 (| 1 , ent , ion , I do not consider it necessary to '""'( 't in thin instance , a more than nominal penalty . 1 ho < l"fei , dant will , therefore , bo lined Vs ., with the costs ot tho Miininoji . s . " The next decision was against Little , driver 3214 , |;» - ivfusinfr to take u fare at tin ) si ut ion of tho same lnin b
mil way . This charge was preferred against y Hurry " Chester , K . sq ., of the Privy Council Olliee , who < ' »»«; up ( Voin Brighton a few days ago , and requested tJi < ' defendant to comey him to bowning-strect , while Ky i" ^ f <> i- hire inside the sti . tion . The driver , in de' '< " < «; , saying that there were other nibs before lnin , : "'< l be could not take the fnrc before them under a l'onalf . y of f > . v . indicted by the company for l >» 'alung ( lu'i' 1 ' regulations . Mr . ' A'Heckeft said , be bud < le-( ' i ( l « l ii case similar to this before , Mini lie i '"»^ < 1 () l ' n' ( ' iMt'I . V the same sis In-did then— that is , inflict a penally
"f'l'O . v . and costs . <> n the lust occasion lie gave a . cuu-( i (>" I and as defendant hud disobeyed the law with his
Mr . A'Heekolt Hiiiri , ii would be as well for the l '" l > lie to know that such was the case as tho railway <( >> 'M > uny . He nillH < > however , inflict " penalty of 40 * -. u costs , which was paid immediately .
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THE WELLINGTON ORDERS . Thk various orders and decorat » ns of the late Duke of Wellington , which were exhibited at the lying-in-state at Chelsea Hospital , were on view , to the privileged , at Messrs . Garrard ' s , Panton-street , Haymarket , in the course of the week , no satisfactory opportunity having been afforded to the visitors at the melancholy ceremonial last week to examine this most interesting and unique collection . Tho decorations were exhibited in a large glass case ^ upon black . velvet , the batons being placed in front . At the top is the unpretending looking Order of the Garter , and near this is a decoration which is unique , being the only one of the kind ever conferred—the Collar of Victory , presented to the Duke by George IV . ; it is of massive gold , and on the medallion shields , which are interspersed among the other ornaments , are inscribed the names of the several victories won by the Duke . In a corner on tho right , almost too small to be observed , is tho Duke ' s favourite badge , the Waterloo medal , which he wore on most public occasions , and which is precisely similar to that worn by the common rank and file of the army . Below hangs a broad , pale blue , faded-looking riband , to which many interesting associations are attached , as the relic of a dynasty long passed and almost forgotten . It is the Order of St . Esprit , the star and badge of which , set in diamonds , is valued at thirty thousand pounds . Another interesting decoration is that of St . George of . Russia , with , its black and orange riband : it is the highest order in the Russian empire , and is not worn by the Emperor himself , his military services not entitling him to that distinction . The Emperor Alexander is said to have observed to the Duke , " When you come to Russia and wear this order , you will be my master . " The baton of a Russian field-marshal , which was also presented by the Emperor Alexander to the Duke , is a very gorgeous affair jm frosted gold , studded with large diamonds . It was carried by the Duke at the coronation of the Emperor Nicholas , and also when he appeared in public in St . Petersburg . The riband of the Garter , which the Duke wore more frequently in this country than any other , is quite dirty and faded , and whoever may be the inheritor of this distinction will certainly require a new one . The Spanish riband and decorations are among the most showy and brilliant of the entire . There is the Order
of the Golden Fleece , the massive collar of which is said to be that worn by Ferdinand V . himself . The Order of San Fernando of the hig hest class , with its cross and scarlet riband , to which is attached the belt ; and sash of a grandee of Spain , and the Order of St . Hermenegeldo of Spain , with its riband and star . The Order of the Sword of Sweden is a tiny little affair , although the representative of great achievements , and the visitor cannot look without emotion upon the two small decorations on the left—one of which is the Indian medal with three clasps , which indicate the early achievements of the Duke , and the Peninsular medal with nine clasps , which give it the appearance of a lady ' s modern bracelet , and which records the number and extent of the deceased warrior ' s victories in Spain and Portugal . We can merely glance at tho names of some of the remainder . Prussia , in addition to
a baton , conferred upon him no less than five ordersthose of St . Andrew , Sir Alexander Newsky , St . George , the Black Eagle , and the Red Eagle of Brandenburg ; Hanover , the Order of the Guelphs , with its cross , riband , and star ; Austria , the much-prized decoration of Maria Theresa , which is equivalent to our Order of tho Garter . From the Netherlands there is the order of Wilhelm of tho Netherlands ; and from Portugal a field-marshal ' s baton , with the Order of the Tower and Sword . From Denmark tho Danish Order of Merit , with its riband ahd star , and the Order of St . Jimuarius of the Two Sicilies . The Order of the Crown of Saxony , the Order of St . Ferdinand of Sicily , tho supreme Order of the Armunciude of Sardinia , the Order of the Lion d'Or of Jlesse Cassel , the military Order of Maximilian Joseph of Bavaria , the Order of Fidelite of Baden , the Order of M ilitary Merit of Wurtemberg , and the Order of the Lion of Baden .
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MUUDKR , AND ATTKMl'T TO MURDER , H ' hnkv Uoiu , i : r was charged at the Mansion House with murdering bis wile . 11 e had been married about a year and a half . On Monday , Lite ffith innl .., Lhe mot her of the wile culled upon her with the intention of taking her home , as llorler ill-used her . She had no objection ( o live with him it he would keep his hands off . But us she seemed disposed to go with her mother , llorler said sho should not go that night ; and it was agreed that she should go next day . llorler applied to the police for protection from the mol her , who wanted to take away his wife . A policeman named Dixon was soul , to interfere ; and lie advised them to settle mutters amicably . But that night he out her throat . The mother re-turned to the lodging next morning : —
" At a little after fen I went up stairH and called ' Aim at their door about live minutes . I heard him say , us il speaking to somebody , ' Oh , that ' s Mrs . Rogers . 'I sui . l , ' Why don't you open the door to me , Henry r" Where is Amir" lie said , ' She is all right . ' " The witness I hen proceeded to stale her suspicions of the nature ol Iho prisoner's conduct , and lhe fact of her alarming the police . According to Dixon , who conveyed him to prison alter his remand on Tuesday , " hen he was first charged , hnguvo the following accomit . ' Dixon said ¦ " I conveyed Ll . o |» risonoffo prison , when he was remanded on'lues . lay . In going along lie said , ' After mother lelt the night before , T talked with my wife respecting her leaving me in I he morning | ,, go home with her mother , which I behoved she did not . want to do , ami we then agreed to destroy each other . Slid took u knife , and I took one also . I then wan on the l ) od with her , and said to her , ' Komcmlter , this
will bo tho last , time . ' 1 was then on the point of cutting her throat with fix" knife 1 had in my hand . She then Hitid , ' Henry , stop ; 1 will tell you where your razor is , by which you tun do if quicker . ' " 1 ( the ollicer ) said to the prisoner , ' Was sho undressed F' 'No , ' said he , ' we wore not uudrossed , either of us . ' Ho ulao said it
occurred before day , early in the morning . When I first discovered the body it was dressed . " As there seemed no douht about the guilt of Horler , he was committed for trial . Mary Anne Mitton was the Avife of a rifleman ; but while he was absent , John Sudd , a cabinet-maker , fell in love with her , and induced her to live with him . The other day he heard that Mitton was coming home , and followed Mary Anne to a boershop , she having declined to have anything more to do with him . Sudd called her out of the beershop , put his arm round her neck , and cut her throat in the street . She was instantly taken to tho hospital , and Sudd has been committed for trial .
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MISCELLANEOUS . The Court has remained at Windsor since the funeral , and on Monday the Queen entertained the foreign military deputations . Prince Albert and the Belgian Princes have been out shooting this week . The Queen does not seem to take much out-door exercise . Among the new visitors at the Castle were Lord Cowley , the Duchess of Atholl , and M . Van . de Weyer .
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Lord Ingestre ' s proposition for a substantial memorial to the great Duke was laughed at by the Times , but the leading journal does not ridicule a similar proposition from " Downing-street . " And for good reason . The Queen has put her name down for 1000 Z ., and Prince Albert for 500 Z ., towards the erection and endowment , by public subscription , " of a school or college , to bear the name of the Duke of Wellington , for
the gratuitous , or nearly gratuitous , education of orphan children of indigent and meritorious officers of the army . " This project is to he grandly carried out . " No payment to be demanded until the total sum subscribed shall amount to 100 , 000 Z . " It is remarked that the first list of subscriptions was , with the exception of the names of the Marquis of Lansdowne and Lord Hathorton , composed of the names of Ministerialists .
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We have received a copy of the petition of the Friends of Italy to the House of Commons , against the prolonged French and Austrian occupation of the Roman States . We regret that we are unable to publish this petition at length in our- present number . We cordially concur in the recommendation so eloquently urged by Mazzini in the following noble words : — " Circulated in print or manuscript , in every locality , through the agency of liberal collective bodies or of influential individuals ; signed in every popular association whose members look for the best support for their special agitation , in the general principle that man has been placed here to do all the good ho can in every direction , in every religious congregation where there lives
abhorrence of the Lie now enthroned at Rome , and communing love for a people longing to proclaim liberty of conscience in the very seat of spiritual despotism ; adopted by all believers in civil and religious liberty as the rightful law , not only for England hut for the world ; and sent back to Parliament through the representative of tho town or province , it would rise to the importance of a great , national document , it would embody a mighty thought of international justice , determine the first step of ii political life more attuned to England ' s mission and true interests , than the now prevailing system of selfabdication , and record a noble protest against , the schemes of absolutist reaction , now unfolding on tho Continent , and threatening England ' s shores . "
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We hear that a petition , founded on conclusive evidence , Avill shortly be presented to Parliament , complaining of bribery at , Uie late Liverpool election ,- Liverpool Albion . The cause of Mr . Hume ' s absence from the House of Commons this week is the death of a lamented sisler . The return of Mr . Trice for ( Jlouccsl . er hits been petitioned against ., on the ground of bribery and t renting . Major Kawlinson , Orientalist , bus been recommended to the king by I he Koyal Academy of Berlin , as a candidate for the meiliil of the Prussian Order of Merit , vacant by the death of the late Thomas Moore .
Lord Koden , Lord Cavan , Captain Trotter , and others , have published a , report , of tho result of their non-political intervention in behalf of the imprisoned Madiai . They were courteously rebuffed . Lord Woden had seen tho prisoners , who were confmed in separate prisons , and subjected to hard labour . Although Lord linden does not , intimate that there is any probability of their release , we observe thai , a Prussian journal in noting the return of tho Prussian member of llie deputation , Count Arnim , expresses u bclirf that the Madiai will be shortly released , on condition that , they quit , tho country .
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A deputation , headed by fwcniy-oiie members of parliament , sent , from eleven large towns in Iho north , waited on Sir . JohnTrollope , on Wednesday , lo request the immediate ami loiiil revocation of Mi < ' laic prohibitory order of the Poor Law Hoard . They represented upwards of two millions of population . The ground of their request was expressed in n resolution agreed to at a groat meeting at Manchester on the i 2-M . li of October , nfhrmmg I hat the order " can only be curried out through the sacrilico of all discretion nu < l immunity by boards of guardians , and tho surrender of Jill right of control or opinion !> y Lhe ratepayers . " Sir . John Trollopo maintained tbeorder m a long speech ! ami promised n written reply : for which we wait . Messrs . Owen Jones and Dighy Wyntl , wore at Munich on the 171 h , engaged in taking models of ancient and modorn specimoiiH of art for tlui Crystal Pulac . o .
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November 27 , 1852 . ] THE LEADEK . 1133
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Leader (1850-1860), Nov. 27, 1852, page 1133, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1962/page/9/
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