The Express. — London, England, 1847-06-04 00:00:00

••••••• .JAOlSigsr: 077, ":" resirrter; 4 Eato Entttlfacrat HOUSE OF LORDS. Present: the Lord aumeellor, Lord Brougham. and other here. Kelton!' V. THIt GNSAT WESTEUM RAILWAY COMPANY LW I CONTAA.—CONTRACIN FOU WORKS.—FORFEITYR6B AND PENALTIZL—Thia was an appeal and II cross appeal against a decree of the Vice-Chancellor of England, pro nounced in 1844 upon a bill filed by the above appellant against the Great Western Railway Company, and also against three of the directors., aa mortgagees of property of the said appellant. The principal facts which gave rise to the litigation were these :—Soon after the passing of the act of the Great Western Railway Company in 1836, fur making a railway from London to Bristol, the directors of the com pany divided the intended line into two district', the one calkul the Bristol district, the other the London district. tha antracts to making the pm. o f tal e Itr!scol d t aslct wee. designated letter B, and numbered 1,2, 3, &c., and the contracts for the London district ware designated by Ihe letter L, and also numbered. In 1836, William Ranger, the appellant, then of Dean's-yard, Westminster, made Min cers. for and obtained contract* for executing two portions of I he:Bristol line, marked I B and 2 B ; for the first of which (about 2I miles at the Bristol end) he was to have 63,0001 cdd, and for the second (which was in continuation, and tbout the same length) he was to have 69,0001. odd. In a later period of the same year he obtained a third contract, for making about six miles of the London District line at Read leg, 8 L, and for that he was to have 186,0001. odd. The written contracts were very specific as to the nature of the works, the meaner and the time of executing them ; and for delays or imperfect exeeution,the appellant was subjected to forfeitures of his plant and materials, and of all moneys then owing to him from the company for work done. Payments were to be made to him every 14th day for the quantity of the work done by him in those peettatle upon certificates of the com pany's engineers. The laments were to be of four-fifths only of the prices so certified, the other one-fifth being re tained to act:amulets sal it amounted to 4,0001., which was to be disposed as the contract provided. In the course of the year 1837 the engineers and superintendents of the line often represented to the appellant that the works were not pro gressing fast enough, and he on the other hand complained that the Payments were net duly made to him; that the cer tificates did not put the proper estimates on the work ; that the delay was partly caused by the deviations and extensions of the line. He was also obliged to borrow large sums from the company on the security of his plant and materials, while—u he alleged in his bill—larger sums were due to him from the company. In 1838 the company took possession of the three portions of the line, excluding the appellant from the works, seized all his plant and mate rials, and further insisted, that according to the contracts all the monies then due to him were forfeited to the company, and they employed other contractors to complete the works. The appellant then filed the bill in this case, praying relief against all the forfeitures and penalties, and an account against the company of all the monies due to the appellant for the works. The Vico-Chancellor, by his decree, die. missed the bill, except as to certain mutual accounts, for the taking of which he directed a reference to the master. Sir F. Kelly and Mr. 0. Turner have been heard for the appel lant against U.. decree for now three days, and have not yet finished their arguments. The further hearing stands ad journed to Monday next EQUITY COURTS. Before the Mester of the Rolls. LEAAR e. Kt:teI.—PRIORITY Or INCERBRANCEB.—ME. John King, by his will devised his real estates to trustees upon trust for his wife fcr life, and on her death he directed 6,0001. to he raised out of the estates, one moiety of the income of which he gave to Sarah King, his brother's willow, for life, and the other moiety he gave in three equal shares to his nephews John Shaw King and Robert Shaw King, and a niece of his. And he devised his estates, aubject to the raising this 6,0001., equally between his nephews, Robert Shaw King and John Shaw King. In 1829, Robert Shaw King wanted to borrow a sum of money from the Norwich Union Insurance Oftlce, which they agreed to lend him if his mother, Sarah King, would join in the deed for the purpose of releasing his moiety of the testator's real estates from her share of the 6,0001. This she agreed to do, and she joined in the deed, and released her interest accordingly. Afterwards, in 1833, Sarah King borrowed money, by way of annuity, from Mr. Morris, on the security of her interest in a moiety of the 6,0001. Notice of this incumbrancs was given, as it was alleged, on Morris's behalf, to the trustees of the will before they had notice that Sarah King had re leased Robert Shaw King's share of the real estates front her shero of the 6,0001. And Mr. Cooke, on behalf of Morris, claimed a priority by reason of such notice for his annuity over the insurance company, in respect of the ?time they had got from Sarah King, and of which they did not give notice to the trustees.—Merars. Kindersley and Hades for the insurance company. The Muter of the Rolls took time to consider the case. b4O;;ITWO:VAIIX7II7.- 5 / 8 13 OLr7 702,1 - 07 —This bill prayed a diendution of partnership between the plaintiff and defendant. It appeared that Mr. Parker was to go to India for the of the partnership, and that ens of the clauses us e articles of partnership contained stipulations which, in effect, amounted to a provision kr dissolution of partnership in ease Mr. Parker Was obliged, by Ulnas, to quit India for more than a year. Mr. Parker attired in India in October, 11141 a lunatic, and parties there who w_,ere interested Is him, immediately gent him back again. The question was, whether this was each a quittanee of India as was ontemplated by the article, of partnership. It was contended, that it was not an intentional leaving of the country, inasmuch as the party was not a free agent, and therefore net within the articles. The Mister of the Rolls thought that the only rational in terpretation to be put on the words was one which would comprehend this ease, and he therefore declared that the partnership was dissolved. Bebe. the Tke.Chaneellor of England. HANSARD V. HANSARD.—MOTION )O1 AN INJUNCTION TO RESTRAIN INTERYERRNCE IN A PARTNERSIIIP.—Two applications were made in this case under the following cir cumstances. It appeared that when Mr. Luke James Han sard, the father of the present gentleman of that name, who is the well-known printer to the Houses of Parlia ment, retired from liminess, he inado arrangements that it email ha swim% as by his me, who was to pay the arm of 23,0001. The son in the yew 1844, took into partnership with him his cowin fee. k w mwito, for a certain remunerabon, was to receive tithe profit of the business. Henry ELenurd baths been loch dissatisfied with the eamiaet of his einsin, Lao hems, in the manage ment oldie Whin, lately advertised a dimeekation of the part nership. Lira this, the repreasaisliese tithe father, Luke .1, 4 ha i thniems a awassmial e wlat remained d u u . e n of d tt a:Am eh was reads ea Tarday lot ea behalf of the son, L isms, hr an injeastlem to restrain the issuing out of mattes rad the prommilag fora the sof the goods which had been Wind by the sharer. This applicati m was ordered to stand over till Momiffe, en the ground that the defendants had not had tias be sneerer the affidavits ; the defendants undertaking not te passed ha** in the mean time.— A motion was this illay mile en paste in a second snit filed by Henry Hansard ergot Lake Jens's, the son, for an in ;unction to MOWS the &bedew from interfering in the partnership except yoke the direction of the court, upon the Found that he bad heprepssip dealt with the affairs of the partnership is Awl sit oii distress to be put in, and also wpm tho ground lint be bad denied the plaintiff's right to a den ia the benlatin. The The-Clienesilsr granted the injunction. Fox e, Ma LONDON, BRIGHTON, AND SOUTH COAST RAILWAY COMPANY.—INJUNCTION TO RESTRAIN THE ETA/lON OP A PATENT.—Mr.Bothell and Mr. Prior applied for an injunction to restrain the defendants, the London, Brighton, and South Coast Railway Company, from evading the plaintiff's patent for the construction of guide rails and moveable switches used upon railways, for enabling the carriages to pan from the main line to a side rail, or from a aide rail to the main line. It appeared that much danger laving arisen from the old method of effecting this object, both from the negligence of persons employed upon the railway in omitting to move the points, and from mentions persons in fixing the points the wrong way, the plaintiff had invented a guide railway and moveable switch for the remedy of this evil, by means of which the train in passing over from one rail to another, might do so with safety, whether the points had been previ ously prepared or not. The defendants contended that the plaintiff was not the solo inventor of the improvement claimed by him, and that there was a total difference in the principle of making switch** according to the invention claimed by the plaintiff, end that upon which the de fendants bad been making the switches and guide rails used by them; that, according to the invention of the plaintiff, the whole main line of railway, as well as the points, were fixed with en interval between the main line and the point, whilst, according to the mode of arranging the switches adopted by the defendants, the railway coo. pally, the main line of railway was continuous, without an interval, the tongues being 'Loveable, and that the switches and rails, made upon the principle adopted by the defen dants, were a material improvement upon the plaintiff's alleged invention, and that there bad not been any infringe ment or colourable imitation of the invention. Mr. Bethel! and Mr. Prior appeared for the plaintiff, and Mr. Roll and Mr. R. Palmer for the defendants. The Vice-Chancellor said that, as the plaintiff's patent bad been obtained in 1838, and bad existed ever since, he must as sume that it was valid ; but,from the statements upon the affida vits, and upon the plaintiff's specification, it appeared that the plaintiff described his invention to consist in this, that the main line was always to remain immovable, whereas the defendants claimed the use of that portion of the plaintiff's invention which consisted of the nameable twitch, but to adapt it in such a manner as that the main line was no longer immoveable. Re thought that there was a fair case for a jury to decide; he should, therefore, allow the case to stand over, in order that the question might be tried at law. Before Vice. antler Knigbt Brace. ATTOIMET-GENERAL v. 1311318.—ALDERMAN GLBRO'R CASE.—Mr. Swanton and Mr. Bates moved that the de fendant, Mr. Alderman Gibbs, might pay into court 1,2141.165, ld., being the amount appearing, on hts exami nation in the Master's Office, to have been received by him since July 9, 1844, up to which period only the former accounts extended. By the original decree, made by the Master of the Rolls, it was, by the consent of Alderman Gibbs, ordered, that the alderman should pay the rents, issues, and profile of the trust property received by him sulneenently to July 9, 1E144, into the banking-house of Messrs. Willis, Percival, and Co.. to the joint account of himself and Mr. Whittaker (the other churchwarden). with oat-prejudice to the alderman's right to be repaid what shogiLbe found due to him on taking the accounts. On the g on tcrahn i beard upon further directions, after the master had made hie report finding a balance due to the alderman, it was referred back to the master to continue the reientinte, mid to inquire why the direction in the former de- eke for payment into Messrs. Wiliis and Co.'s bank bad not bden complied with. On continuing the lIINISSRU, the re ceipts appeared upon the alderman's examination to have a b iounted to 1,2141. 16s. Id., and, after deducting the a cunt for which he claimed credit, there remained a anoe of 9341. Bs. ltd. due from him, in respect of these receipts.—Mr. Lloyd on behalf of Alderman Gibbs, opposed the motion, and sa id that as the alderman hid not been di•charged from being trustee, and as his removal had nqt even bee, asked, on behalf of the Attorney-General, at the hearing, there was no ground whatever for depriving him of the custody of the fund. An inquiry was now pending before the master to ascertain why the direction of the covet, as to the payment into Mows. Willis and Co.'s banking house, had not been complied with. If this were the proper time to enter into that question, it could be 'hewn that such payment had been impracticable. The Vice-Chancellor : I suppose in the tense in which that word bused in polite sogety.—Mr. Lloyd : The result of the inquiry will satisfactorily explain this part of the case ; but while the inquiry is pending the present motion is prema ture. There is no suggestion that the fund is in danger ; nip is it pointed out what the court weld do with the money except hand it back to Mr. Alderman Gibbs. The Vice-Chancellor said that the result of the enquiry, directed by the original decree, had been that Mr. Alderman Gibbs had duly applied all that be bad received, and had in fact male payments beyond what be bad received. Some of these payments were such as the master thought—and the I court - had agreed with him—could not be allowed, but there was no imputation upon the intentions with which they had been gads. His Honour bad then asked whether the for arder, r to the payment to Messrs. Willis and Co., had been emptied with, sad being informed that it had not, his Mown bad directed an inqiury upon that subject, and or. dead the RISPIRia to be continued. Now, neither party had appealed ken this order, end in the course of its prose cutimatbe deindent had put in his examination, from which it appeared, by kis own ststement, that his receipts exceeded his expenditure by 9341. Bs. 11d. No reason for retaining this sum appeared spas the naminetes. tinder these circum stances, without 'grins what adskt have been done but for the dinettes aneuisid in the minimal dorm his Honour thong**, neer amen been was ts Abed tbe balance, appearing bile dm, to be pia Ws emit. GOMM/ IP. Isenrg—Onnines O. SlllTR.—Ortxxses' Broue.-11z. Beghillibt maned In these causes for injunc tions to made th'.,.-,.arts deendanta from selling porter under the arm ef Glimaien grad Mr. Miller appeared tor the ishadans is ten mom and tusiseited to the in ;modem being grads& with sesta. Dunn OF BIAVFORT V. PRILLIPB.—DrcaRR FOR OPRCI PIO PRZFORICARCZ CONSIMUTZO a JODOMART Dzmr.—By a dooms et Mink 3,1283, theeent bad erased the sped& eta eni nut enisnid ins by Mogan disdain dirr a rT amag isrehaem den 'ambits Giersasinantm esiesdnil In the Dabs of Iluorkat's nealese esedensg ; red the awns , was thseeby greeted In teeming Wean en the parshers. gamy, waft wee 'edged that, on tlie nesiniss erne con veying In the MMUS, the defendant sigma pay what should be band due as taking the ammo ; and the plain. tiffs' seals wen * be taxed, and paid by the defendant. Before the empietion of the purchase, the de fendant died, and his estate was in the course of administration in another suit. The present bill was then filed to have the original suit revived and for a resale of the estate, with a declaration that the plaintiff was en titled to stand as a specialty creditor for the difference be tween the proceeds of the sale and the original purchase money, interest, and costa—Mr. W. M. James appeared for the plaintiffs. Mr Ruch, for the defendant, referred to " Jones v. Williams," (11 Adolphus and Ellis ;) " Rome o. Young," (4 Youngs and Collyer, 205) ; and (Williams on Executors, p. 805). The Vice-Chancellor said the decree amounted to more .than a judgment quod computet ; it was substantially an order to pay a definite sum, and the plaintiff must be treated as a judgment creditor. Retort nee-Chancellorlgram. FARMAN O. WlOOlNs.--ConeTnucnow OP WILL.—Wm. Wiggins, the testator in the cause, by his will after directing all his just debts, flamed, and testamentary expenses, to be fully paid and unified, devised and bequeathed to his trustees and executors certain specific articles of furniture, together with all his estate whether freehold, copyhold, or leasehold ; and his personal estate of every descrip. tion upon trust to permit his daughter Hannah and his wife Rebecca to enjoy the furniture for the life of the latter, the daughter being to reside with, and have the care of, her mother. The testator then directed his trustees to pay cer tain life-annuities and legacies to his wife and children by name ; and concluded by directing the residue of his estate to be invested in government securities, and the whole to be divided at the death of his daughter Hannah between his two grandchildren. The question was whether the legacies and annuities given by the will, were made a charge upon the real estate. Messrs. Rogers, K. Pryor, Terrell, and Elderton, appeared for the different parties to the suit.—His Honour made • decree declaring that the whole of the real end personal estate et the testator was charged with the pay ment of the legacies and annuities given by the will. COURT OF QUEEN'S BENCH. Ex FARM ILEINING.—HABRAS CORPUS.—COMMITTAL UNDER TH. SMALL Dawes ACT 07 1846 FOR NON-PAY MENT OP AM lIIIITALMINIT 07 A DM' ORDRRID YO DI PAID BY INSTALXI3I7O.—PTOO a return made to a writ of habeas corpus it app eared that a judgment coeditor of the prisoner had ap pli ed under the 8 & 9 Viet. c. 127, to the judge of the Sheriffs' Court of London, for an order to compel payment of the judgment debt. That order was granted on Feb. 4th hut, and directed that the debt should be paid by instalment', and that in default the debtor should be committed to prima for forty days. That order remained =executed until the 27th of April, when it was put in force. Mr. Pashley now moved that the prisoner be discharged, on the grounds that-1. The prisoner ought to have been sum mated to show cause ago cwt the enforcing an order which bed so long remakes& delpistied, inasmuch as circumstances might, since the date oi lilko order, have taken place which weal& alter the aolaiaa of the judge as to the propriety of committing; and 8. net the order directed the debtor to be committed, in agora of payment, to the prison of the plies where he lad bow reent at the time the original jedgmtat was gives, eel net, as he submitted that the sta tute required, to the prim of the place where lee was resi ded at the time of the sear made. Mr. Petersdorff was lewd in support of the commitment. Lard Denman repotted that the opinion which he was abed to same was sue ha which the whole bench did not Zes He that thejurkslictiim sufficiently amend; . the residence inkmassi wee that which existed at the original trial ; and that, notwithstanding the looseness with which the act was framed, the proceeding under this statute wee; as Mr. Baron Alderson had described it, a limited aeries ad satidaciendum, limited to forty dap, with poem* 00.170.10007 or judge to reduce that imprison- Biwa, sis a Math* of indulgence or compassion. He wee of *aka, *mime, that the power of the judge to commit had been eampletely exercised in the first instance, and the power towhees the order then completely given. Mr. Justice Patton differed from hie lordship on both points, but wills soirees Tema and didblence. He thought the clause of the ad under e==lision mast *artificially drawn, and that the framer bad wholly II:mottos that when an order was made for paying a debt by many imitelments a considerable time might elapse before all the beftiosnts be came due, and that circumstances might arise between the time of making the order, and that for paying a /Mote te stament, which would well excuse default in teepees of the latter. If this commitment was good, no such elsoanniances could ever be brought to the mind of the judge. W 1 re gard to the other point, the debtor was to be committed to the common gaol, &c., within the county, &c., in which Ruth debtor IUI.I be sident, and that he understood to mean the gaol of the place of his continuing residence. Mr. Junco Coleridge was of opinion that u the summons which founded the jurisdiction to commit must issue from that court within the district of which the debtor was actually resident, so the warrant to commit must be limited by the like condition of residence. With regard to the other point, he thought that if any judicial act which affected the liberty of the subject wee to be done, it must appear that the person whose liberty was to be affected by it had had an op portunity diming heard against it ; that this was a judicial act,. because it was the removing a suspension from a writ of camas ad satisfaciendum, after the lapse of a time within which facts might have taken place that would affect the mind of a judge on the subject of allowing that suspension to be removed, and also, if removed, on the subject of the period not exceeding forty days for which imprisonment under it should last ; and that, however great the expense might be of repeated investigations, the evil must be deemed unavoidable, if no ether means existed of preventing the im prisonment of a debtor wrongly charged with default, or against whom, on some consideration, he creditor may have consented to forego further demand of unpaid instalments. On this point, then, he thought that the execution had been improperly enforced. Mr. Justice Erie was of opinion that the return to the writ of habeas corpus was valid on both points. The objec tion to it in point of form related to the question of residence and the limits of the jurisdiction, and on that he thought that the proper construction of the act was, that the judge who had jurisdietion over the matter might comidt the debtor to the gaol ti the district where he was when the proceedings commenced. Upon the other objection, which was one of substance, he thought that, as the conditional order for "pies bad been made in the first instance after due inquiry by the judge, a summons, on the condition eriing to show cause why it should not Wee, wield only tend to make the order inoperative. Common experience showed that in the cue of sense debtors,* mkt to show cause would only be a warnWg W lawn W withdraw from the pursuit of their creditors. Hefts 1844, a median who bad recovered a judgment might issue a *pies spirt hie debtor; the statute of that year restricted this power bi t cases in which the amount recovered exceeded 201. • dm came this statute, which in certain came, and by a eerie& proceeding, removed that restriction. When that restriction was temoved, and to the extent in which it wee removed. the old law must be taken to be again in operation. U sag injustice was occasionally caused by this, it would be counterbalanced by the fact, that the attempts of fraudulent debtors to cheat their creditors must as often be defeated. He had no hesitation in adopting this view, because any wrongful imprisonment of a debtor could at once be reme died by the judge. He, therefore, was of opinion that the prisoner ought to be remanded.—Prisoner remanded. The like judgment was, as a matter of course, pronounced in the case of another prisoner brought up on a similar writ. DAVIS ACTION FOR SEDUCTION.—Mr. Welsby showed cause against a rule which had been obtained for setting aside the nonsuit in this case. The plaintiff com plained of a trespass and wok committed on his daughter, her seduction thereby, and the consequential loss of her services during the time of her confinement. At the trial, which took piste at the Caernarvonshire assires in the spring of 1846, it was proved that, at the time of the trespass com plained of, the daughter was net in the service of the plaintiff, actually or constructively, but at that time, though she returned to the plaintiff be fore confinement, bad been in the service of another person.—Lord Denman, who tried the case, was of opinion that the loss of service was not con ' sequential on any unlawful act done by the defendant against the plaintiff, and ordered a nonsuit to be entered. This ruling, the kerned counsel submitted, was correct—Mr. Townsend was heard on the other side. ' The court was of opinion that the nonsuit must not be disturbed. The right of the father or mother to sue in such • ease was no more than the right of a master or mistress, stranger in blood, who could not have maintained this action if the servant had been engaged after the wrongful act of the defendant The right of action depealed on the loss of ser vice being a consequence on a wrongful act of the defendant, by which was meant a wrongful act as against the 'plaintiff ; but however immoral the act of the defendant had been, it was not, for the reason already given, wrongful as against the plaiLtiii.—Rule discharged. BAIL COURT. Before Mr. Jude, Miebunsn. Tas QUINN v. THOMAS WELARTON SIOLRDEIL—Citna- NAL INFORMATION FOR LIBZL.—Mr. Martin moved for a rule calling on Thomas Wharton Smerden tosbow cause why a eel. minal information should not be filed against him for a libel at the instance of Miss Eliza Cook. The defendant was the printer and publisher of a paper called the Daily Adver tiser. Miss Cook was a young lady of about twenty-five years of age, and had written • number of poetical pieces, which bad been much admired. The matter complained of was of a most serious description, as it charged Miss Cook with one of the most horrible crimes that could be perpe trated. In the paper of the 29th of May, a para graph appeared which stated that she had given birth to a child, and that she bad murdered it. It was in the following words " ELIZA Coos.—Considerable anxiety bas been excited on the part of the public who do not read the poetical contributions of the Dispatch to know what really can have induced its proprietors to present their sub scribers with a portrait of • woman who has murdered her own child. Such is fame among the messes • murderess is a heroine, and a poetess unknown." The learned counsel then stated that the affidavits of Miss Cook and several of her friends gave the most explicit denial to anch fact, and concurred in saying that there wu not the sligh test ground to suspect that Miss Cook at any pen of her life had bean guilty of anything which could entitle an one to cast imputation on her private character, and both she and her friends were moat anxious that a public de aial should be given to such a charge. It was probable that the granting of the rule would terminate the proceedings, as In the paper in question a statement waspublished yesterday, positively denying that there was any truth in the accusa tion, and some communication had taken place between the parties which it was likely would prevent any further pro ceedinp.—Rule granted. NISI rms. MEEILINGHAM e. TOWELL.—PLEA Or NO CONSIDERA TION IN .AN ACTION ON A BILL OF EXCHANOE.—Mr. Serjeant Shee and Mr. Cole appeared for the plaintiff; and Mr. Hum trey and Mr. Lush for the defendant. The action was brought to recover 2501. on a bill of exchange drawn by one Walter Dowling, and accepted by the defendant, Richard Willem Powell, and endorsed to the plaintiff. It was pleaded, first, that there was no consideration ; and secondly, that it was endorsed to the plaintiff after maturity. The affirmative of the issue being on the defendant, Mr. Hamfrey addressed the jury, and said that the drawing of this bill had its origin in a gambling transaction. The defendant, a very young man, had accepted two bills on Oct. 10, at a public-house on Holborn-hill, each for 2501. He wanted to obtain the money for the purpose of sporting at Newmarket. Not having ob tained the money, an advertisement was inserted in the Morning Advertiser of Oct. 21, charging Dowling with stealing the bills, and cautioning the public against taking them. Dowling was apprehended on this charge and brought before a magistrate, and the charge was dismissed, the attorney for Dowling stating that the bills were de stroyed, but this bill was presented for payment at ma turity. Witnesses were called to prove these facts, and also that there was no endorsement by Dowling when the bill was presented. Dowling was called for the plaintiff, but, not appearing, was called on his stibprena. Evidence for the plaintiff was then called to show that the bill wu endorsed by Dowling when presented, but the jury re turned a verdict for the defendant. COURT OF COMMON FLEAS. Sittings in Banco. IN RE THOMAS KINNEY.—APPLICATION TO DISCHARGE A PRISONER COMMITTED UNDER A PROCESS ALLEGED TO BE ILLEGAL.—Mr. Padsley applied fora writ of habeas corpus to bring up the prisoner, in order that he might be discharged under the authority of this court. The prisoner bad been sent to gaol, under a warrant of commitment issued by a judge of an inferior court, whose jurisdiction was derived from the 8 and 9 Viet., c. 127, sec. 1. This statute gave power to certain judges or commissioners therein named to order persons to pay debts by instalments; and if it should appear that any party against whom such an order is issued, has the ability to pay, and becomes a de faulter, the commissioner shall commit him to prism for any period not exceeding forty days. In the present case the debtor had been a defaulter in respect of one instal ment, and this application was made upon two grounds— first, that he had been committed to prison without having previously received a summons requiring him to show cause why he had not paid the said instalment; and second, that the warrant did not properly state whether the debtor re sided, at the time of the commitment, within the jurisdiction of the court by whose order he was in custody. The same question had been brought before the Court of Queen's Bench, but the learned judges of tbat court were divided in opinion. Mr. Justice Patteson and Mr. Justice Coleridge held that the debtor was entitled to be called upon to show cause against the commitment in execution; and he (Mr. Pashley) submitted that such was the true construe tion of the statute. Upon the second question, also, he con tended that the party would be entitled to his discharge. The act required that the warrant should distinctly state the par ticular county, city, borough, or place within the jurisdiction of which the party bath been resident at the time of the commitment. In the original summons on which judgment was obtained in the present case the debtor was described to be re sident in Fleet-lane, in the City of London ; whereas, in the warrant of commitment, it was merely stated that the man " had been residing in the City of London." The jurisdic tion, therefore, did not sufficiently appear, as the party might have discontinued to reside in the City between the time of the original summons and the date of the warrant. Upon this point, as well as upon the other, the Court of Queen's Bench were divided ; and the learned counsel urged that the matter was one which ought to be determined. It MIS a question of considerable importance, and one which must arise under the new County Courts Act, as well as upon the statute he had named.—Writ granted. COURT OF EXCHEQUER. Sittings in BANCO. BUSINESS OF TES COURT DORM) THE APTER-SITTIXOB. —Yesterday morning, notice was given that the after term sittings will be commenced on Friday, the 18th inst., and be continued on um steseeding day until and including the Bth of July (the 23rd of June and Sundays excepted). The new Well and denenner papers will then be taken, and the lemma b. me empowered to deliver judgment upon spend eem, nsegises, and rides then standing over for that Pur = O. GREEN.—IS • SCHEDULE, NOT ACTUALLY silent 011 ATTACHED TO A BILL OF BALE, SUBJECT TO Starer Durt ?—This was a feigned bane to try the right of property in certain goods, seized under en execution by tke sheriff of Middlesex. At the trial before the Lord Chief Baron at the Middlesex sittings after last Hilary term, the plaintiff tendered in evidence a bill of sale of the goods and a schedule described to have been " annexed" thereto!). It appeared the schedule, which, if " annexed " to • bill of sale, was exempted from stamp duty, was not, infect, pinned or o therwise attached to it ; and the learned judge, consi dering that it was not " annexed " within the meaning of the stamp act, *seed it. The bill of sale assigned to the plaintiff all the goods, plate, and household farniture, and property then in the house of and belonging to the assignor, and went on to state, that the " chief articles thereof were enumerated in the schedule annexed thereto." The bill of sale, without the schedule, was tendered in evidence, but it was not received; and the Lord Chief Baron, hold ing that the plaintiff was bound to prove both documents, as one was explanatory of the mode in which the other was to operate, nonsuited the plaintiff. A rule for a new trial having been subsequently obtained, Mr. Well, showed cause yesterday, and cited several autho ring* in support of the Lord Chief Baron's ruling. Mr. Watson, Q.C. supported the rule, which was made absolute. The court observed that the bill of sale in question contained an assignment of all the articles in the house, Bed it wee not lug general or effective by stating that some of those articles were enumerated in the schedule. There was en absolute conveyance of all the property, whether stated in the schedule or not. The bill of sale was, therefore, by itself, a perfectly sensible document, and was improperly rejected, although it would have been very different if the bill of sale contained an awignment only of the articles mentioned in the schedule. —Rule abeolute fora new trial. WAKLZT, M.P., V. COOK AND ANOTHER.—LIBEL.— This was an action by the coroner for Middlesex to recover compensation from the defendants, as registered proprietors of the Medical Times, fora libel published in that journal. The facts of the ease have been frequently before the public, two verdicts having already passed for the plaintiff, one for 1501. and the ether for 1761. A rule to show cause why the latter verdict should not be set aside, and a new trial had, upon the ground of misdirection, by the Lord Chief Baron, having been obtained last term, the Attorney-General and Mr. Bramwell showed cause ye sterday at length against that rule, and Mr. Cockburn, Q.C., with Mr. Lush, sup ported it. The misdirection complained of was, that the learned judge told the jury that they might import into the consideration of the case as " matters of history,"certain oc currenoes relating to the plaintiff, which were not set forth upon the record, or commented upon by the learned counsel. The court took time to consider. SHERIFFS' COURT. Before Mr. lledeisherilf BmrkelL Sisal, v. Dihhow.—THE REV, Du. Dru.olv.—The plain tiff in this ease is a baker and dealer in provisions in Wil liam-street, Notting-hill, and the defendant is the Rev. Dr. I R. C. Dillon. The action was brought to recover 51. 7s. 6d. for bread and provisions supplied to Mrs. Dillon. The de fendant denied his liability. Mrs. Dillon lived apart from I I her husband, whose name some time ago was prominently before the public as promoter of a snit against his wife in the Ecclesiastical Court. The defendant brat became acquainted with his wife when she was only 14 years old. The defendant was a lodger in the house of her father, Capt. Drury, R.N., at the time, and an intimacy which was carried on clandestinely between them, finally resulted in the birth of a child. In 1839, the dehndant married Mrs. Dillon, who was then 18 years old, in consequence of the interference of the Bishop of London ; but ever since, Mrs. Dillon had lcd a miserable life, in con sequence of the alleged ill-treatment of Dr. Dillon, and, subsequently, they very seldom lived together. Event- I ually, Dr. Dillon was deprived of his gown. Captain Drury was dead, and his widow had an allowance of 901. a year, with which she maintained a family of eight children, and mainly supported Mrs. Dillow and her child. Mr. Prentice, add/easing:he jury for the defence, said the presentable was one of great importance to his client, who had been brought to the cedar et ibeituticia, by the eion. duct of his wife. Since Ye had bean dielmern'd„ kk lams bad bean very limited, and at the present time he mai Heins in the vestry-room of a chapel in which he officiated, in Spitalfields. It was urged that be was not liable, as he allowed his wife as much as he could afford, and sufficient to maintain her. It was then proved in evidence that the de fendant derived 701. a your from property in Ireland, 81. a year from a chapel, of which he was the lessee, in Doctors'. commons, and about 801. a year from a chapel in White's row, Spitalfields. Out of this he allowed his wife, on an average, about 11. a week. The learned Un‘ler-Sheriff having summed up, the jury found for the plaintiff,—.another action, brought against the same defendant, under similar circumstances, was called on, but after the jury were sworn the defendant's counsel agreed to a verdict for the full amount. COURT OF BANKRUPTCY. Beton Mr. Commission Yaw. IN RE J. M. BLASIIPIELD.—EXTENSIVE FAILURE. — This was a meeting for the choice of easignees in the matter of this bankrupt, who was a cement manufacturer, and who has failed for between 40,0001. and 60,0001. About two years since, the bankrupt was in difficulties to the extent of about 42,0001, and he offered a composition of 10s. in the pound, which was accepted. One instalment of 3s. 4d. in the pound was paid, and another of the Lice amount was secured by certain property, is that, in point of fact, the creditors will have to prove for only 13s. 4d. in the pound. POLICE.r..-.YESTERDAY. SOUTHWARK.—ALLIGID ROBBRILY OP IRON PROM A RAILWAY COMPANY.--Jduesse Bishop, a smith at Battersea, appeared upon his reesignimmeas 10 MVO, a rsa , stealing a quantity of law, the progeny et the Western Railway Company . — On Oros - der samdastism, it was stated that a quantity of is bad bean denvonsi to the prisoner by the company's servants far the purpose et making what were termed "points," and that instead of returning the overplus or cuttings of the iron, he had dis posed of them to an iron merchant on Bankaide, asd at a rate very much below the real value of each arti cle. In the course of the examination, the witnesem for the prosecution all agreed in the fact that it was the prisoner's duty to have returned the surplus iron into the company's stores, instead of which he had disposed of some tons as alr ead y described.— Mr. Cottingharn did not think that the accused was bound to return the cuttings ; but he construed into a felonious that the iron had been delivered to the accused for a e ular purpose; and after he had performed his work he ept the surplus iron back, of which he had legal possession. With regard to those cuttings, it was the company's duty to have had a clear understanding with the prisoner on that point, and to have en-tinged that the whole were to be re turned, instead of beinii considered as the perquisites of the person whom they employed to do their work. They were blameable in the transaction, therefore, in not cautioning him on the delivery of the iron to return the overplus. Under such circumstances, therefore, he felt bound to dismiss the charge, and was further of opinion that there were no grounds for accusing him of felony ; but that if the company pleased they indict him at the sessions. At present he was dim LAMBETIrI A17231Fr ro utanan.—Mr. James Loftus Brock, a half-pay lieutenant in the army, was charged with attempting to murder his wife and stabbing her through the left arm. Mrs. Ann Brock deposed, that she a had been married to the prisoner, who had been lieutenant in the army for upwards of 20 years, and was at present on half-pay ; for the last three years his conduct towards her and his family was of the most violent description. On Tuesday night he remained from home; and on Wednesday night he stopped away also, and did not return until near ten o'clock next morning. As men as he entered thereon he, as usual, commenced abusing her, and also made use of threats about taking away her life ; and his manner was such that she left the room, went down stairs, and remained in the yard for nearly two hours. Hoping that his anger had subsided she returned up stain, and was in the act of preparing the dinner for her family when her husband cams behind her and made a stab at her heart, on the left side. Her eldest son, at the instant, struck or pushed his arm, so that the blow fell upon her left arm instead of between her ribs, as was intended, and the blade of the knife passed right through the fleshy part. Her screams brought the landlord of the house and other persons to her assistance, and her husband was secured by a policeman. The surgeon who dressed the wound said that if she had been struck by the knife on the place where the blow was aimed at, instantaneous death must have been the result, as the instrument must have penetrated the heart. The police constable here produced the knife, which was about four inches long, quite taper, and sharp at the point, with • ridge down the centre like a stiletto, and both sides sharp, and deeply stained with blood.— The witness said that her husband had evidently been drinking on the night before and on that morning, but still was perfectly well aware of what be was about. He had frequently told her he was determined to take her life, and as frequently told her he knew how to do it, by stabbing her close to the fifth rib.—James Lincoln Brock, the MCC of the prisoner, corroborated a great portion of his mother's tes timony.—Police. constable 88 L, who took the prisoner into custody, said that at the house in Best-street, as well as on his way to the station-house, and even at the station-house, the prisoner expressed his regret he had not done the thing effectually, and that if he had he did not mind being hung for her. The prisoner, who declined offering anything in defence, was remanded to a future day. WESTMINSTER.—Arreentxo A Menem or PAR LIAMENT.—Mr. Patrick O'Connor wan charged with wing abusive language to Mr. John Patrick Somers, M.P. for Sligo. The complainant stated that he went into the lobby of the House of Commons on Tuesday evening, when the defendant met him and asked when he was going to pay him the money he had lent him. Com t e : el:sant answered that so far from his owing defendant any , the debt was on the other side ; complainant further ask O'Connor whether he denied having embezzled 1001. of his money, with w 'luck he absconded to America. O'Connor, in a loud voice, said it was false; he was then put out by the deputy serjeanteat arms. When Mr. Somers came out of the house the defen dant again met him, and shaking his stick, used similar language. O'Connor had on two previous occasions annoyed him in a similar manner, once at the Reform Club, where on hfr.Somers being denied to him, he had threatened the por ter. Mr. Broderip said if the defendant had any claim on Mr. Somers, he must pursue the remedy given by law.—De fendant I Now, are you afraid of my smutting you ?—Mr. Somers : No, I am not; I am afraid of your provoking me to assault you. After a pause, complainant added, with great warmth, " le it • man from Sligo that would ask me if I am afraid ? you are the only Sligo man that would ac cuse me of cowardice. I thought you knew me better." The hon. member was about to Proceed with increased warmth, when the magistrate stopped him.—Mr. Kelly, of Camp-hill, Sligo, was called, and admitted that after defendant had called him and another friend of Mr. Somers's, swindlers and blacklegs, he (wit ness) called defendant " a deformed assassin."—Mr. Fitzgerald O'Brien said there were many members leaving the House of Commons at the time defendant at tacked Mr. Somers in the street ; he gross an ontnge in his life.—Mr. Broderip asked defendant what he had to say in answer to the charge ?—Defendaat said he lent complainant 21., which he paid him back ; and then complainant borrowed 101. of him, • him that he should have it wk he wante d it. Complainant afterwards invited him to dine with him at Bellamy's, and bring a friend ; which he did. At that time he and com plainant were on the most intimate terms. When he wanted the money complainant put him off for a few days, and be (defendant) having contracted a debt at his lodgings, complainant became answerable for it, and gave the man a promissory note for his bill, which was not paid. Defendant was again attempting a lengthened statement of the account between them, when Mr. Broderip observed: If your account that Mr. Semen owes you money be true, it would be no justification for the attack.—Defen dant then endinued—lie wrote to complainant for the money, being • balance of the 101., of which he was in great need, and then went to the House of Commons and quietly asked him for it, when complainant accused him of em heeding his money, and said he might have trans ported hini, in so loud • tone that the bar people at Bellamy'e must have heard it. Defen dant then told him that he had borrowed his money, when complainant stamped and put himself in a threaten ing attitude. After that, defendant left, and on coming down again from Bellamy', met complainant by accident, and when in the street certainly accused him of making statements that were not true, when Mr. O'Brien shouldered defendant awry. Defendant admitted that, much irritated at complainant's behaviour, he had made use of language to him which in his cooler moments he regretted. In con cluding his statement, defendant, looking at Mr. O'Brien, who was sitting near him, said, " I told him, I don't want any hangers on of Semen's ; I know you as a blackleg."—Mr. O'Brien started up, and exclaimed in a loud Me, " Yeu're a liar."—Defendant, in a subdued tone, replied, " You would not dare say that to me if we were elsewhere."—Mr. Broderip immediately called both the parties to order.—Mr. O'Brien apologised for having used the expression in the magistrates preeence.—Mr. Broderip observed that defendant appeared to indulge in gross personalities - and added, "If you did say the words you have repeated to Mr. O'Brien, more shame for you ; you appear to have no notion of any of the de. cencies of life." Mr. Kelly and Mr. O'Brien were both re-called, when Mr. Broderip put to each the question : "At the first meeting of the complainant and defendant, did complainant say or do anything to pro voke the conduct stated by the complainant ?"—Both —Both wit nesses declared that Mr. Somers did nothing to provoke it.— Mr. Broderip called on O'Connor to find bail himself in 1001. and two sureties in 60!. each, to keep the peace to Mr. Somers and all her Majesty's subjects until the next sessions, when Mr. Somers may exhibit articles of the peace against him if he thought fit—Defendant was then removed, and not being _provided with ball was sent to prison. TEArdES.—Wonx ING AN ILLICIT STlLL.—Richard Scott was charged with carrying en an illicit still at No. 11, Plummer's-row.—Pargeter and Key, both officers of excise, went to the above house, and on entering the back parlour they found a etill at work throwing off strong spirit,. There were also 100 gallons of molasses wash in a front room, and a bladder of spirits apparently ready to be taken away. The prisoner, who was in the room, denied all knowledge of the still, saying he was only " a lodger," but he had his shirt , sleeves tucked up and his trousers were perfectly saturated with the wash. The prisoner further declared that he had bought the trousers of a man named Joon, who had run away. A sample of the spirit. Wet produced, and was ap parently of • most deleterious nature. The prisoner was fined 301., and committed in default for three months. THE EXPRESS, FRIDAY EVENING, JUNE 4, 1847. MONEY MARKET. THURSDAY E!ENINp. The stock market has been in;;;;;;;noodalfciny, with prices alternating in Consols between 1 tot per cent. higher and lower. The first quotations for time were 891 to I, but the terms of the first business actually done were 881 to I. For money treasactions took place u low as 871, and as high u 884. Shortly before leaving off the quotations improved and settled at 881 to 4 for money, and 881 to 4 for socount, after a purchaise of 20,0001. The effect of so unim portant a bargain in mending the quotations even so slightly u 1 per cent, upon the average rates of the day servo to show the inconsiderable extent of the dealings. Reduced Threee were 86/ to 7. Three-and-a-quarter per Cents. 881 to 4. Long Annuities 9 to 1-16. Exchequer bills advertised, par to 24. premium ; current bills le. to 4s. premium. India Bonds 2s, discount to 3s. premium. Con sols scrip Ilto I discount. Bank Stock 195 to 7. Few transactions were marked in foreign stocks, the quo tations of which remain with scarcely any variation. Aus trian were done at 106, but called 106 to 8. Dutch Two and-a-Ralf per Cents. 584 to 4, the Fours 891 to 9 ( . 11 . Spanish Fives 224 to 4, the Threes 331 to 4. Portuguese converted 321 to 34 ; the Fives were done at 804 es dividend, the in terest of these bonds being paid by Brazil. Mexican 204 to 1. It will be observed that Exchequer-bills advertised do not command even the same small rate of premium at which the bills running from March last are current. The difference is to be explained by the fact that the buyers of the first named bills would have to pay the income-tax upon the accruing interest on sending them in for renewal or to be paid off. The March bills are not liable to the deduction until due in the corresponding month next year. Persons in the city are much mystified by the terms in which the official advertisement is drawn up for calling in the June bills, and even brokers of long and the most re spectable standing, who have had large experience in Ex chequw-bill dealing, with the customary forms of marking and MOW them in to the Treasury when due, confess themselves when appealed to_, to be quite at fault and un able Is echo the mystery. The advertisement runs to this east: ZUNIESOUFZUL Omen Malay, 1847.—N0. 2, Whitehall-yard. Szihreper-Idle and Is the month of Jane, 1848, vb., per 99 , nll I de 11,21 4 , 11 9 t, a. s. 1146, with dee intetest dr thereon, nll mid edam the UM arid Jim, 102, elms the blerest MOM lea Mb vet le tuni deny, ban Wigan len *Weak eta ten. nal sad inhibit In 4414Juna, at Ws dish edam era la be elannad, tastrastkes Ibr susseging the MARL The thlleetW ht iseicieg out the intent of the advertise ment coodele in the Inge sum stated, ViE., 18,380,2001. It has always been understood in the City, and it is still be lieved and ainalbd by the brokers and bankers as well, that one half only oldie above amount of bale is doe this month, the other half having fallen due in the March quarter, and al ready advertised in due course. It is supposed, therefore, that some error must have been committed in drawing up and wording the advertisement, or that otherwise its true purport is rendered unintelligible by some of that ambiguity of phrase or verbiage which is the besetting tin of all official documents and acts of parliament. Perhaps some corre- spondent may kindly undertake to explain how the facts really to be rendered, for it may be doubted whether even the regular finance returns, if at bend, could be so made out as to clear up the matter. It is difficult to conceive that, exclusive of " deficiency bills and Exchequer Bills for special services, there should be afloat upwards of twenty seven millions of what may he called stock bills. =Glum irevne. Bask Steck, IMP I Mauls tor Acct., ell 4 • 1 per 01. PAL Asa., Ni II I par era. Cowrie Scrip. 14 di. par Ct. 0ne..Aza.,14 1 71 bl E. ILI. LIAM. PL, 3 New Si per CI . A... • "A I - IMO ' Dino Ct".o 4 I ZOO; • Law Am, sp. Jam C.-44 9 1-N 9 ;_- mime. 1114• MI, 9 - 9 9 IMIM Dna mist LtOff,fl99.f 919. DtuoLivenlopl,l ,par.,2 pm, pat I per Ont. Asetrias Bole la fpe7 CI. @peaDU Di 5 per Ct. Moslem., 1044. POI I Ditto, Met Jitoe 15, 34 5 per Ct. Pompom Ids, 1101 Mr. to per Ct. Data 11:113301 11 4 per Ct. Poets/gum Edo., SI 3le I Isi 6 per % W alsh 146.,111.. from Nor. 4 pet Cent. Data) Certificates, 50 el 104 -- • • Jrxs L ro, 3 par Oloale. D... 411 D... 4 Do. Milan 4:16441 Do. 4.1411. Do. Do. 44 Wyk* few 14•IM 1•111 .1 a "11=8.11 • a lays Tandis Pram igr NA, SL—flems pat C Der, mew; Itictrmil tardbind. ILK MAWS id 101 .1.• 11188.1.1 Sorra. , Cle.lo 6 T 1 IS 71 10 711 GO 78 80 11l SO 0 „ 80 0 re n • • • • • • to . . o • • " " • " is • • a • . taap.loi aceonat: live re, newel. Paposs, to. But of .-.' :•,; SCOTCH BAyru.—The Maws. Allan, of Edinburgh, Sly, in their monthly circular for Way " Our banking establish ments, during the late tightnms, have made a harvest of it, and are still charging such rates as cannot fail materially to increase their balance-sheets this summer. The Union has already raised its dividend from 74 to 8 per cent., and others will probably follow its example." RAILWAY NEWS. Yesterday shares were heavy, and in decline for the greeter pert of the day, and parehmers enabled, there fore, to de *sir Wines, oa better terms. Towards the does of prime, however, were rather more firmly maintained. The May drenlar Of the Marrs. Allan, of Ed inburO, eeendee, se semi, a We digest of the operations in Bse share oembest esf that ottp daring the month, It is to Ike Mewing den • Ohms pegmelp at ma ilirdidim, under the preseare and aft 'Mae Iran a alionagnent of the earressy, steadily pre nylon In Ihal alga gni Oa the UM a navy Gelb Ore arse what wet repenelload ea temposamme k fY pies dimes faromal. Thle hes sootimeed Mr dis lest inn, med a me,t= be not nmpeent swaths W aseen lb sin eaten dee sibm efeseeneenst be Melon Irvin fill= IMMO will eertsinr Meet boa one Min 'Yana be of the eppmeatery mom It le nen that the reel osesse ems mow VIZI7 Tall a t t ial thin onlish ille = l :4 ".l 4 " 6 ben Id kis the Manens Iho flimenertkin isa met_ mut uneselp es the ion mmin, It le vela ihr t wYi mow men la that loseettee et Minn Is nein from ewe hood to babeas be W net the mere on io ban Ninon thsee tins, Mit Isobar:. "Mir. meet ens Mew Pr, nasal nem seeplopmen *row inners tide ode& Ihellneelloonloot the wan, men hem ben bor. MI; bee II a menne patehen menet eon Itemomois noes than Jetle a amen kr, lee vein. of own le a Yak op; en this is the wined the immonlip st green to inn le noip ere mese noels Medan es ealimel peepsnan u = the sentry toly UM* be Maenad nth gni is senademble; borne lone amen st eft wide% sodas inbel Melon* antimenet be the =berm of partner swim in elks= at Os dgrt son Per sample. the ohms of Wrlab An. ElPliceihmo—it lin ems Inc of inn wit bs spend In 17µ paid, ow wee a per est. Inset b mown are et et a dissent, ohne the new sofa nen elm= ebn MA may persharen at 101. yramben; the Mein= Ulf therm an very marly par, while the nob awn ybilleintsent, are at difieen SHAM LlOT.—LOrtnoa, acmg 3. Nees—Mlle heavies et Wes la llama durum, emote actual Mew. deo: don ef Ume la Bakes Wm' peke. RAILWAY BILLS IN PARLIAMENT. 00/SWITTEE OF 7116 LORDS ON STANDING 0 DEM.-- TTITIADAY. — Trerent, tile Rot at St aftesbory.—South Wales Rads way: Vale of Neath Rail ; Senitampton and Dorchester Salllawy ((New Force deviates and ) ; touthampton .6 Dorchester Railway (Weymouth beasala; Nam Bay eel Canterbury Jencks N a m, Bases: W fkiieffeet and Weymouth Rita. way (No. I). Wasing maw tares! el& In met enne, and leave gi sod enil f l ee waAdane Mt Clad the Ult hot Cana aid Railway (estanalan nnwedtll 00 ' OF ). TIM WILDS 06 MOMS= BlLLu.—y. taut?.—Preeent, the Rut at fitellasktery.—Cileadow, Drat* and Carlisle Railway, and Obeeptle ww Fer.llolnaamock, sod m. Hallway (No m; ll , ; r4 lieders .7 Union and and Bary St. Railways tit; OWE ryn. ynri, did Forth Coal, sad Llynvl Valley ation. Pronnthe peeved, am dames agreed le; u nseatto m be reported. Seery end Duet Wen Ballswy Acanaceat Adjourned breadth pods. COMM - TEES OF Tall COMMONS ON TER 1111111 . 6. -Tncreas W.V.—Gams Ne. Mac SI. New Oteap,--TI. Landon Reese Railway Termini (Clonneellniecement). ateee~; mid ire heard. The other hilt Wire Ode chealttee ars—TS. idon and Brighia. and Smith Coast (Lorin Bridge Statioa Ittacement act Arteries meat).—lS. Idon and Brighton and Scat Ong (liermllian Landon Brides). -182. South Eaarrn (Ilailemind of ate Otearaltt Weal ann arm ertri and Plargillei Ot ler ry = Stationl.-113. Routh Eastern (Loden/Me lido and Enlargemeat). GMT No. 6. Room SO-35. Wilts, Somenet, and Myers& Amendment (Pro. 2). General evidence. Earl of Falmouth ead Mr. C. Rased, therm= of the Urea Western Railway Cemptan eoum and . - . Grove No. 18. Room 23.-41 R. Midland Railway (Brand Dorm Mansinteneld to Rath, &el. Evident* againKthe line. GUAM No. 20. Room 21.-333. Wrm in6 and Oxford Junetitn IRailway Amendment (Deviation of Line). Chums proceeded (Awry No. 21. Roost U.—Birmingham, Wolverimintdo% x ix Zrud e la Diteartirldge sod West Bronswiah) (recommitted;. to. Gaol r No. 24. Room 24.—Cbenter and Holyhead (Extension. at Cheater and Holyhead, (No. 2.) Came opined , erideam Lard. oiovr No. 43. Room 28.-399. Edinburgh and Perth Railway lad Branched. Cue opened: evidence heard. • l&ID. FAIV. 114 iamb*. 7 54. I :WA% a litral i4 ,4 Amin 04p. SI 1A 466 . 7 g 66 ... 1 ble... &"""i• e r . 4 4• 8 4 .1 ikA4 aMeg.. 1 1 11 1 4"• p. )2 1 1=7:rerr " Fiii 30 lona. 0 Oalbed Jaart.ll64 U A 4 alloror • Atm, NalV. 4 Am , par 14. 41 Da / elm* 2 34. 74 11,414141“1 34414. ... , 4 24. 11 A. /1.04,4 lr 10 No. Neee 17 I& I 0 De. ItheDeaties ft Bat' lamealre......lit td. 7f Do. T 91044 (Best./ 1 16. 35 , D., i 4 6 4 , 44 ~ . .... 1:r , : Ne.B7=tert.l pw 14. 471 Amur rad 1140464.1.• 62. ~ Mari., 4 Matt. I 14. 10 0 63 /0. 00 25 40 AnoL,M64/. 414001 44 1 D.. 101 Cleo, 8 per CR par 14. I a SoUlumapta & 4 40 De. B 1 Au, 6.r. Qt. 14. Ip. li Arta* 6 54. se A 1401 40 361 31 Dr 4 Ars.... ,'.21 244 4 AA* 0 20 Laura AAA. 1141 14 4 .1 60 A Lux- 0 Darby 43 .D.. B' , Bl. 8I a. / 1 4 AUX :11 IP. 1100 AM.424 , 44C1114 117 D 4.014 Mx tar 14. MI Nitfire.Weaers(lna4)l Ti 164 . 7,646 L 7 • 615414146 -. 5 1 4 *0 Nawairtamallarpiak lay 4 •61•••• Mull. 46 1 i I Da. 1444 al 1 111 Dr. 4 Ards ...„ ... IS Da. Monk UAW -44 27 Maraddr• . 3 Da NM 14 II 144416 AMU Ink li j 1 D4l/4 4 / 4 4 , 444 , ...414- la 11 OM= . 16 1 M* 34941141uidu......1 71 144 A GANS 41 a 014480 w. rt r 1,3, 33. A. 11013 44 Jr. 1 4l 1 A 4A644 17 04 I ...... .-....121 17 Adlorthr 4„ I Do. IX . 74 444. 1 11214414=Arta...t1. par 10 D0..00444444 • Pu SP 1 A .3743 7 446,1 044. 44 eld 21424141440.. ri4 i 2 A D V l D i toutp 5 . 41-11 044. Awe, Area* .11 164. 4M. Owadin Vasa, „2 241. as .. NW. t 47.. i t Bram 4 . ... 47 it * Do. Neee 7 la. kr. • 116 1• .04.•=4"..".. •1, 44 h. 24424,4421,4 •1 : 11 4 1 De. IfOri A 4 .01 s DabrateCktElv.) B 441. D 0 wog Orel I of Zadtaad.. I 4 ....‘ MAMA . 4 144. 4 Da AP Up. Wtrur,i Melo 44 94. 1.7 Nt.lhee art Iry ... 35 34 44 AAs 16 DO. A. illaret. ...1 , 13 44, 43 Waders 50 A. 4 Amu lie at 1 i ...h. mita Reg .[t, l l' 13/ A 1 alum A 64. I Dulls* Al .1516204...44. 4p. I 0 - Do. Alas si .1 4 . 17 1 AMU 1 $4, 44 A. Ay d 44. 17 DUAL ...i ll Sp. 14 Kadder43644,Maacau4ll44 6 Alal Op. I Do 010. 0 1 . 1 3 10. 6 AA. 4 3 Id. 40 11411404 94114 y se &Una am • $ ti 46 18. , . t alma 26 174. I AAA. 1244,3 4 014 isi A. 4 Aar. lO 114. 4 Cake -.it* no« . Id fo., Beat 87. A• 4044.44 1774. 0 Ansa., l3 114. 541 A do. 11enete8...... it 31* Itelerldtur 1 044. 421 LANA , aad %NU* 41 3 Lamm mad Detta 187 87 is 44. 21 Ns. N. (A. 317) Ne.l 7a. 0 Z i ii.tefrißratflard '7s 474. IS Da. N. (611. 114. 114.) 2 111 . 21 rdei SA llarek.... 504 03 II AN. (dr. SC) 44,11. par 10 A. Am 11 fit $ SI. A 04.1087 4id par Do. Pref. 4 per AA * II W 4144 '7l 3 AA a.....,A5.mr.i 7 A Droash,ll A.m.! i A 4 . A. 414. (4/441.1 A. 144 3414 (o, ra, , Da MA Balm (Pießl 9 LAIL. AA 4 Cloth li 4 Tao Vete Asseafte •'lt 014. Malmford 4 /341,414.44 2 74. ral=44l.4a,eruk WA Vat. 144. lA, MA, 4N. 1i....1 14.1. Irilkasi. 1 , 417 0 06445.10 64 2 Zia, 0.114.4. 114 * 15 4.4.3 114. .12 T4o44442leviauSe 3B 44 7 141 Wad= ark AUR:* IN AMP 'l3l to IA 1. A. 1.. No. 1 4 4p. 4 Do. PrArsuli 7 411 ll' Do. 4...... ... NO. 5 4 Ip. 00 Ark* AN 1/141444 644 10 I A. DILIMiOs I 34 A. AlsailA 41 3 40 • Load. artsktoa, S. Co 634 21 3 4 Do. Pulonse4 'l4l Is Do. Au. Do do 110094 .. .1111 10 Da M. 41W. 1.144. Dr :3O4 4 . Aura. 6 p. C 2 1 4 aa 4 a Dammm a 0 1 is Ilealagas B Iteeieee . 4 0014.11641.40 , 64000005 1 24 444 151, 1 15 ,3 .141 14 3 746 w. 336 36 11 6 (Pal truce (Or*Vaa, 3 44i.. Dwrara O. P. 7 A. erten, L. 4 4. 1 14 1414, AMA Arra 31 2 Do. do. New ......1114 MAN 1144644. 2 Do. 711404 1* II 144.44:44•44 A 01.4 .. 14 ,4 44 Do. PILAW & 1 146 2 ly e ... ... 4. 4 A. 104.4.1., IV 4 A 413 Op. I Noaa ".. . l" Xo 7 64. 4 A 101. A., N. 48. Of sip Pankow of Puna II I Do. 101.414„ MAI B. t 6 n 0..... owl Berimaur i fp. 411 Auk.. It S. Watans„.44l 4 5 Parts 444 Lyme 40 Ds. A/ 044. SA ..1 ep. 181 Paria .ad Ortaaw 4B 50 114 A Dow Olll 12) Pori/ sod Ara 17 Se 11 De. Noe 'pa? 24. . 8 rart a w l D 34 114. 30 Do. Mu. Tenl24 1 51 54 110 Roa 144•24'•••• a* 40 De. 44. Ada/ 1 Sp. 14 34.06.4.40.4 Aut.... 1034. 4 Do. sort,- ...... AI I 4 Apo And Newt 5....... 11 344. 4 A dlo , 1 044 , 5 Wm 74•0010.4 Wu it Pir Aram. P 6113 6. ' 7.6• 6 . Noon, .9 Oualas. 91104444. LOIMIL Orator Park 444 0214424 .. I lite 4461 1117 SO 1117 60 469 147 40 941 40 111 30 Aura 4444 Ham .. ~ 5417 50 ON 647 14 NO Arlin.* Itanelllcs , . 1 760 7m, 742 1u 746 Ptuabouts * Bale - 1 107 10 111 73 107 40 1611 73 Crano.ltlaloa). .. „ 641 PO HI Bo 640 4110 Bordeaux • „ 6111 44 619 10 610 314 Muth .. .... ,, I 011 MI 411 25 I 004 71 44 71 ~, COMMERCIAL AND MARKETS. PlODlJCiLi;e73;4;ilrz, lows 3.—Then has not breo = e 'Nis today, It balmy rmond amain ennike a wog Na lain et vast illiawsest bon beam lola by yekmk sonneet, about yealsoday's sinew. Mt Imparters infintly gorittooe to be fees mesmoial lam Da sane bre bow I= b 7e madly at bk. Jamie,Yr le poi Mmenk. 41 1 . ; load to fine, 44n, Us. Tbm•bas boom a proof &One no to fog pee mt woo amps dame Ole milli et hooey, the Motu* pond of the market, vim die Itrooses yam anosebad to become large mad general pla nt arblabbas bum nag rmaniad Sint OA eller awes by to we 14lbw bow porehoom made by Lewes ka aboloneos tba imam la ilailearlas for foneoraphoo Wls ray IWO gas. nompleed wink lbe lee foontly. of IPA ; tod slag ample, that a lama sosnlity of augur adl ultimately be moal dadloio tad brewers. The paint Genett, average Moe at maim SI& yam wt. ;at the mmo laded, 1846 it was 33e. ad.; aid In INS. Um N. Tallow baa bum Arm at afts. ; cm the spot. • 90.. tb lot throe mamba Wm bale beam Ira a the Moine quoted yonterety. OMIon : A groan mammas albinism done at pro. emus raw In Wow articles no attanttka. COTTON.—Lrewareee, Trice 3.—The market to4a7 was rery doll, and prices receded The rake were 3,500, 1,000 of which wen he . . . itlfN I.—The material advance in theorim of to has caused both spinners and loanufacturers to oak higher rates, tat them have onto and in urgent cave, bran conceded, coo.equestly b u t li,:shiese has been done. At previous notations a sem large LIDOWIt of badmen might have been as mote oat donee is apparent, team the stili saner position of the money and yid Markets, se well as from the continuance of fine weather, which b nourishing end maturing the fruits of the earth, and gives morons of an early and abundant harvest. The country hoidcs, outwit►. standing the fineness of the weather, do not, generally, appear to be doing much, though some very large purehares of cloth bare hem, by a large end weal by ttm at low rates, spoken of, in antic:Maths of immured demand and plot as the amain advance,. MEAT, Jr B.—Nauman AND Lu...Drft HALL —We had rather. dull ask hoe t.-d. 7, yet prices mere momtly ' , lmported: Beef, from Y. dd. to 4a. dd.; Mutton, 4e. to aff. Gd.; Lamb, Ga. to G. lod.; Ted. 4a. 4d. to U. 4d. ; and Peat, 4a. to 3e. 2d. per 811 m., by the carcase. SHIPPING INTELLIGENCE.—MAns. —.--- L. Dra..L•ll. OM M ' O De AL.. —... AL.. Or.. DO&I• .. . ell maltase .. o o tens .. e . Mee tee sae Waterfall . . 0,0 Mandan . . u Meranfies • . 0 iol Hats, Jme 7 Demand. . e'l 'me* ! • • 0 anti., /CAW. o. Wen bolla . 7 oars It J. op Lisbon • rase • IPO nem awe ;019 tarn . . la Basaliorg . .e§ Hannens. . 0 Bann, rem lit GROMMIND, Jogs S.—Arrived : Juanay Matilde, Havana; Ro. Olen; Savanna' My Of Boologre, Boulomte; Sapphire, Sydney ; Bt. Croix; Four Brothers, Aalborg; Ctiristma Sophia, Den. rerl27 d oustave, Wolgast; City of 'Rotterdam, Rotterdam; Giraffe, Rotterdam; Alkannar, Rotterdsna ; Banger, Rotterdam: Purl of Liverpool, Calais ; Henry. Launceston: James Watt, lbo re; Ray. =ese York ; Victortne, Cyan; Chemrell, ratan;. Dublin, ; St. Mee; Mary Ridgway, Ilt. Vinoent's ; Kingfisher, Caen; Lavinia, • Jupiter, Dantzia; Dora, Magadore ; Penes; Norway; Wined, Lblion ; Friederika, Durum; Antwerper, Antwerp; Lord J Rowell, Harlingen. Balled: Arabella, Legbem ; Marry Bene . ; Providence, Antigua; Deaner Lancaster, Sydney; Chris. tins.Havre ; Amelia Hill, Odessa; W. Parker, Sydney; Vigilant. Bt. Vineent's; Bamarang, Calcutta; Orator, Cape, Bte; Penes, Nor. way; Heath, Mauritius; Forrester, Tobago; Harlequin, Boulogne ; Tourist, Colds; Columbine, Havre; Bobo, Antwerp. Lot, Jews 3.—Arrived : Nubarito, Savanna; Themis, Ha vanna ; Ein. Johnston, end Sherbrooke , off the port. Sailed : Han. nibal, Calcutta; Valeria, Rotterdam; Mnus, Hermitic§ ; Jona Jardine, Quebec ; L Newfoundland; Grecian, St. Thomas; James, Archangel ; Leo, Montreal; Chedabncto. lialifm : Nalolloo, Oldie and Monte Video; Conquest, Gaspe • Bedvelty, Donk ; W. Barber, Constantinople ; Twie Oki ßry;mehaven ; Charlotte, Bahia; Thantee, Sadferd, and Viteo, Are L [Advertisement] GRATIB.—A finely-engraved Portrait of Elise Oook will be o.ooented to every were wile Abell est meth, kr the " L e =g the react of Joe. " The pekes et Wes Cook a . There is = sad =it e, i i i ima kenmenal Is the hod *Wes L ei it Is Or • Diegoetele eso see awake mo homheli verde. Illeeetleepeemeet aheft Woe atiltvita what` • le enehried. Ude herieso art oesegesile went le Ile MI or WAN nedesametail to beepipeteekheL••—theepeol Mei. !2.L. Iffe Illemele et de`per ',to rtairrolioid, Ls mod tug Ole thee Argil* a the art. raw- e 5 dee .. firt 5 think wort Saturday otendmi. Mr by the frit Iran awl wwfwfwg math, io that pros reidlocia Wm WS Nis Lea Lades may receive it there wwish* arum onleine the Leedom isertotta of the =rnek.losisilm them has ea Milky- We the whiled fetter, of Onele, sod Oiriehle; eset treqoently erApleml pomkey KIN 1131s0eth. eesfleeiroesethels, 0P5P 5 1 5 Ina Sho " Wolof Diesteb.“ any give their 1101100 Ail 1% , noir s= 6 : 4 , a uswe oat; or to Mr. Malmeil WlO4 00 the Pleetatneme. Loutoo, D erat rentelemot at fa. wr pollee Imes 10 Sit moo; wiU Oho 6 Illeselele theolesheut hre. no terns he the " saes Ple a rer Ti.; Tor ral a t ethane, IL Ile. ; ditto ea waft meek 000011001 , 1a IL les.—N.B. A beesithtt May of diOsur, in W ► doh of eel' braasbo ant medallic= filtoirative ot dyes Otis yeala l :Ol i rrelpillTSTby a ardit ait eansideratie Mks% ma •11556 en he ball at teeny eloMet emelt. Arrnienesie Isle aim Ws mile/Ilk temeltar Were to elgek elesent freseell, at rine OM 00 00 Us., net soy Wollner to the "Mesta " =kb le Mr. Weed Se lam for the frame be wishes ea lee with the nor [ __...oimmeatl—Ara Hawn, fkazry. Daowey, • AYOPLECSK) hum= eismaeamer aasserao sr HOLLOWAT'• Aug—Ther• beam am* anger le he eggesheedell from sneers, of pezelyas orpegisay, ohmmeter tag of Mr ffekapiteg symptoms =beet ate epame lier wig Willi if lON. auk • Mete of things mesa ilmagessest of lite eleamb sea Neer, eat clear* doserastss aped twat of meets t the biseL Meta this L the e s^ ast a meet dada be loot fa taking a Ifew dew dosed thee eisinied they alga so thaws** slams the lee* sal slamest. veldlesot ogee the liver eat elms organ` sad thus maws the blood to Its FWD, pority.-11111 at Professor Hammy, Esesleioaent, 244. Wu /. _London, sat b medicine sellers throughout the civilised world. WRVS. 20, at rae lets. tke wile of IS is. J. Adds Weeks' Xetleollat Salvor, of • doses. BAILLIS--Jaa• 1,.t $, Lseaduktest, the Hon Ms IL Lithe, of • a. ter. ISIIIOX.-11.7 r. at Ittllakurok, toe wig* of I). Banos. Z... of • es. 1111 , 113.-4ou 1. at Woksa some, tho wife of Z. 0. Sett, Zoo., tere floter.s.lsor. of • on. DE L • --. A XOTTE.—Moy W. at 5. Yeawee, rho ergo .1 E. D.Y Mora, 2.4. of the aua Idattos7 Marie lloadhant• of doubter. BUISSON.—Jue I, the wife of J. Da Baler, Ku, at Wandsworth. mamma. et • <lamb. , 011131/11611.-14y 11, at Itillausa, the safe of R. fhtluea. /aq., ad doubter. LINTAIONE.-11ay 30, at Tallaght Howe, the wife of J. Lintels's, S. _ _ I, at Sas.hasel, Kett, tie wife of t. J. Wales, 21.1. of• a of • *on BIBLZY-THORNTOW.--Marr7l 30, at \ *twits, Jima ICoss, by Melte , J. W. Stetwo. 8.A., military chaplain. F. ft. RP iry. Esq.,* CoateS, 'Leda*. Eleanor. sided Oughts, of Lheat..Col. Thornton BBORALL-COLZ)LeN.-May IP, at Worcester, by the Ree. J. AB," C. W. Eat-60W sea 0 Lint B. Ehorall, 1.21., M Amis Oki child 0 the late IL Coleman, lard , of BlotwbarY. IiANSOII-BALDOCI -due 1. at Poppy. b 7 the Rev. 7. Noll. MA. J. 111 . 1 • 11 . 11 .1 ,toCutharice, weed &We*. the late L Bohlelßba4., of Mile 30 000 -.lose I. it Pt. Panora. Ctoorch, Onew ream Houglmoa, Req., rte Wt, of Batavia. to WWI AMP 111110. *magma daughter of the late ()row Osborne, Pan. 0 Uwe& XtRl-I.OXER.LRY 1, at et Jabal, abalial.o) **Rim C- Nicoll R. kirk, ,of the Rut India Compwre Weldey_o l77l • lo76 e Wen doubter of h. Womersley. Poo.. of Potalbed 1100. 01 . 01 . 1111011T-bUTT.-May se. at at. Maw., wows, Derld.oo ol7ll ,. J. Knight, of fleadwkb, to Olympia 7 alit, doogleto el tba Wed. H/r • Ben, eolkttor. M VP.AOII-10111/11tAM -May 27, at Ashbry. P. 12`Veigh. NM of P. U. M•Yeesh. Drew/mow* Meath. Zen, to Melia. flO. lll *, T . R." awn, of THanwiaa, ewe cower. RICHMOND-RICHMOND -dune 2, to All Salad Cbmehi 11701 ..1 wood, by the Rev. B. Pletcher, One D. ltieboand, , entarM, Paisley, to Hewett.. daughter of Coi A. F. Stamsed.,C 8., 11•Biaanta the Coon of Dade, Lucknow, Past lodien ROB/ATI-BD we 2, at Charlton, Vitt. by the Wm. 7 . ? 77 ' 7, 0070 Fellow of Bromism College. Oa foot, the Rev. A. Eletartt, of Ms owe to Ells., yoangem laughter of the Litt Bev J. P. Bare, Mas hes. ed Carnboron Yorteltire. SOOTT-CARNACHAN.-May 6. et 8e7M0t.17*.. b 7 moo, J. Ikon, Lg., to Mabel*, Mimi daughter ef Me *le IL Cenbatiume Eon, of Pawner. Galloay. YESer74B-TIVIAN.-May 16, at Cambers, by o he lige. R. 'Wen, de Rev. T. P. I. Yawns. se Stokeeipm.Trent. hustforWlM, wog.. domino, of Me late CW. A. lUD* DEATHS. BALLAWITNIL-Moy 11. st Portobello. A. Hallows.. Lan IiAItRY.-May VC at Mallow. of Sever. Richard Bataeu Betrf• shaman of the commimiteere of that [armada' 12. BEDOBL.-21.727, at Oltud'eigh, Devi. Ute beloved self. of loot. IL Berldet, EN. BUTLEIL-May 31. at Dublin. Lint W. Butler, LM, ddb em of tha bet Mon. Col- Butler, 11 P. CHESHIRE-Jane 1. at Birmingham. If.. W. Chethite, of Mt fetat• Crow, Dote Ihed, aged COPINGEW-May 31, at Cork, R. Congaree Dap.. 7.P. PITPUBIL&LD.-ig.y ac at 11.b1.1, Sir W. Fitelmmid. but. M. brother to Lleat,Oen. Mr 3. P. 1121gentid, col. of Ow 6201 Far. HOWLET.-April 13, et Woody. Ceyloe, 11r. H.O. *owlet, worm, easel me of Mr. Hoarier, of Bartletrohnlldlgnollollo.llo* M. 701iNSTON.--Juse I, W. Johnson,. Lon, of Camberoell, *CM , e KELLT.-Jose 1. at Lirewor I, of typhus ferer, ceoght to the dischaft Ile <NW. Me etre. T. Kelly, 1)1) ,ogedl.t. LACEIC-Xey lt, laact, wife of Mr. Edsterd Lacey. of lb r...Ck yard, book aarrababl, 00 affecumote wife, and • Mud aod wet Mew wilier, aged M. LESTIB.-May N. at Ckeetibret, Moatighaw, of terse, the Pleb. /Ir. Lewd* rotate et the abb. gar** LIVINGSTON.-May Of, at ins Mabee, of Carehmaellas, M W ort, et daughter of the Rev. Wha Llyisigeton, ale l lb. MARTIN.-Jo 2, Seim., .4. of la• Ber. h IWtio, recur of Wemocr Novo. aged 71. • MENCL-K" " W lT• """ ti b L7 r2 .....1 0 7rate . of Baoreley. • ksh .an 3tVaPilit -May 31, at U. Maetaguidece. Remelt maw, MOl AM , widow of the **Col. J. Idutpby, of Malaya, a Wein of Al/MUM , 0=11,A31.-May 11, at CLolasites House, UMW], J. 0.1101633, Esq., aged de R081N1021.-nlans I, at Croydon. Sou, daughter a W. 9. Bohlen* 3 0 . 11111.0 1111.-Xsy 21. at Cheiteetheso, Albelrla Frances, sr Wort of the le* Dr. 0. gelwyo, aged U. PORIILLI -May re, `at Church *Ka, Piccadilly, 0. boreal. translator Leto Italian of " Pend!. Lost" STOKEB.-Mey 1f,., TWA, Hotta, Cheltenham, 0. Rohm, Lot , 10- way of Colchester, wool 611. WILMOT.-Pels. I. at llober.towo. I. roN47 Earlier 30. lab) 111.0..0oversur of VwDleusean Lard. P... W :woo Altosu loose, of le ----T o• et, Je pada of Pt. Bride. la the Joy of Lades, Pdalter, 01 Og: Of Ml•fe. HUD.. sad Itetoo Lemthol-tifeet.. 1." 4 2, of Whlteletate, ui taw ty f0 0d.., Davao of ohs 4, 1147. 1 - ^,...'.1 .- . -- vc . _