The Express. — London, England, 1846-12-05 00:00:00

n one of the castings 'lipped from a quantity eased together, and went over the gunwale, car - t: vo wed with it. When he was got out life was erdict, Accidental Death."—Tuass Ix . ale. PATNis, AT Out's 110SPITAL.—DEATH xio aged Line. —The first case was that of a id t , aged 20 years. On Lord Mayor's-day de icklayer's labourer, was suddenly geized with an t, l ad fell burnt, quantity of slacked lime, by r ae severely and died in the hospital from Weduesday.—Lo'„graW Fame a Br as. ease was that of nartha Bowen, aged 24, a mar ,. On the 10th ult., deceased, who was subject oa the tire-place and set her clothes on fire. She e a rned, and died yesterday morning front tetanus, aby the accident. —The third case was that of [am mo, aged 40 years, a labourer on the London on Railway. On Thursday evening deceased and been employed near the Annerley station, throw on the up line, and was collecting the tools, when lack by an engine, unknown to the driver, and w oad. Be died in the hospital. The Coroner said so one who saw how the accident occurred, but, b e of deceased in stoopinEkto collect his tools LIV be inferred that he did not ear the engine ap- Verdict, " Accidental death." NEENESSFS.--" THE BOSOM OF A FAMILT."- R advertisements in one of the morning papers, there t he other day the following exquisite morceau AND OTHFI..--WANTED, by nn English family, e l u sion hi a healthy and warm part of the North of Scot , distance from towns, an act've, cheerful, and obliging n who is competent to take the charge of edueation, and o e thc ,,, c hildren, all under six years of age; also make ~,hy, ,,hy useful in domestic matters. This is required in return w.i.,hiag, Ac.; but if on all other points all , in, tulßiag . b ,„dd s u it, n small salary would not be refuse if par r,nrcd. As the advertiser and her mother have the children with them, the governero will necessarily live in the bosom iilv el'. lady.like manner+ and addreas are therefore India. in us.c (vocal and instrumn e tal', drawing, dam ing, h E ng lish, Ac., will gradually be reimired. The situation t ,,,,,motent, and certainly comfortable and advantageous. greption.ible i'IIeTPINCS will be given and required.—Apply etc ' [the charmir prospfct—espefially at this season of —of going to • live in seclusion, an a healthy and at Of the North of cotland." The hyperborean too, has the furthSer recommendation of being .di•tance from towns," —which are to distract of young ladies occupied with the ca r es of the nur el the general domesticities. Most localities in the a parts of Scotland, indeed, are fortunate in being r remo•c from the gaieties of town life. We come the unlimited nature of the recompense the young o receive for hero ultifarious services; she is to re salary indeed,—less, as it is facetiously subjoined, be •• particularly wanted," in which case, a small old not be refused i—that is to say, the alms would be to the begtear if it were sued fur with sufficient I or importunity but she is to get her " board, • washing," &e. If this be somewhat mysteriously led, it is yet well calculated to excite the youthful sties. What is, or are, we would ask, a young lady's S ome thing above and beyon d her board, 'her lodging, r washing, at any rate. last, not least, of all, she is "in the boom of the family." It is really too good, h. Live in their bosom ! It ought to be, she will and pine away, and die there. Or, if she did live, it be either much to be marvelled nt, or much to be ted, would it be other than retributive justice, if she some day to turn upon and sting the bosom that had led her such a shelter lr—Jerrold's Magazine. orgy PRINCIPLES APPLIED Ti) TILE BUILDING imas.—Mr. Dwyer has propounded a theory which id comprehended the principles embodied in two ar instruments of sound, viz the bell and the violin. a dd construct two bold bel l-shaped curves, diverging tot lea than eight fee t on the sta g e to the sides of the re. Each of these he would have composed of two messes of wood, placed about six inches apart. The one should he perforated, ornamentally, thus serving to e sad distribute equally within itself the sound given near to it. The elevation should MUM the form arch, with spandrells, also perforated, thereby din ing, with distinct resonance, the words or music to arts of the house. Ile also proposed the use of a Teal or spheroidical roof, supported by iron ribs, which tbe ornamented ; the spaces between each rib to be udwith elaborate perforations (or otherwise, according !general style of the house) in a manner similar to the ray in the circle at Astlev's. The additional height liven to the interior would *enable the chandelier to be d above the line of sight fro m the upper part of the re to the stage ; and the object ions that might be made a position of the chandelier were met by the fact that a vs surface reflects much more than a flat one. Another runt advantage Raising from this form of ceiling was, utility afforded for a powerful system of ventilation.— it'llTS op CONCILIATION.—The strikes of the men, and the disagreements unhappily so common in enntry between them and their employers, should seem oder desirable the establishment of some courts of con ion, and, in last resort. of arbitration, so constituted as mlnand the confidence of both employers and employed, h might be appealed to in case of grievance, or oppres and thus by friendly mediation promote an amicable re dement ofdifferences in the first place if that were possible, f not, provoke from the higher court a summary decision, lout further appeal, having all the force of law. The ach system of the Conseil de P ruelhommes does not ear adequately to fulfil these various and distinct condi is. The workmen complain that they are too exclusively Tessa in the interests of the employers, and, therefore, it interference is received with a certain measure of die st. The only remedy would seem to be the admission, in tiger proportion, of parties delegated by the workmen melees to form art of the initiatory court of conciliation. e court of jurisdiction, or appeal, where conciliation ~ should be composed of persons totally uncon led with the district if possible, at all events th the branches of industry whose interests have to be lodged upon. How far it might conduce to the impartial nibution of justice, that one or more workmen should be iced upon such an equitable and unsalaried tribunal it is t necessary now to inquire. The King of Prussia has re ally issue' an ordinance for the regulation of contentious itters in industry, which appears to be an improvement fon the French system. Chambers of Conciliation already isted in the manufacturing provinces of Rhenane Prussia. here wanted the complement of a court of jurisdic an. By thin ordinance they are created:—lt im am that the tribunal of manufacturers existing in henna Prussia, and the Conseil de l'rud'hommes at Aix -Chapelle, shall take the name of Tribunals of Industry, ad the sphere of their competence is enlarged accordingly. lot the workmen at daily or weekly wages only, and their mployers, are to be subject to the jurisdiction of these tri mails ; but all, without reference to the order of subordina ion, and whether belonging to the manufacturing establi-h sent or not, who shall for salary, with instruments *longing to themselves or others, with or without adjuncts an their part, fabricate first materials, or in a half-manufac hued state, delivered out to them by their employers, int merchandise proper for traffic. The decisions of the tri bunals are not to be held valid unless two-thirds of the members be present. The number of the members to be fixed by the Minister of Finance in each use. The minutes of the judgments are to he signed by the president under whom renamed. If the defendant does not appear before the Chamber of Conciliation upon citation from the secre tor, the plaintiff may assign him immediately before the Tribunal of Industry by the proper officer. In such case, the defendant must pay a fee for the service of such citation. REPRESENTATION OF MANCHESTER. MANCHESTER, FRIDAY.—JOHN BRIGHT, Esq., met bit general election committee last evening, at Haywood's Hotel, by invitation, and addressed them at considerable *lb. It is understood the hon. gentleman is to make a tour of the whole borough within the next fortnight, with a view of addressing separately each of the district corn states and of answering any questions that may be put for the purpose of eliciting his political views on points not pre viously mooted. The number of the general committee resent on this occasion was from four hundred to five hundred persons, and they comprised almost the whole of the active and influential men by whose agency previous attests have been won. Mr. GEORGE Vitcsox, Chairman of the League, presided, in opening the business principally dwelt upon the -^ , x3 of adhering to the principle adopted by the of otlemen never allowing their vith their opponents, to be task before them, but to pursue to place the success of their re they attended to any thing the chairmen of ten different been already formed, and the varied from forty to fifty names called upon, and was re applause. He addressed . but a considerable portion contradicting reports which • by the hostile portion of the forming Herald and the Man - paper had descended to the a portion of another gentle the League gatherings in Co ',that of Mr. J. W. Fox), to a :s, for the purpose of showing opinions inimical to the main . peerage, and the throne. The loudly cheered. He observed: lady of the press called Mrs. I of another lady (nobody, called Mrs. Harria—(laughter) -iyered in one of our own lo press. (Loud cheers.) lam wing designs inimical to the s. Now, when the corn-law when it was understood that great difficulty in the way of found our manufacturing vi indescribable distress, and callous to the sufferings of the that expressions were used, cal timid that House of Lords. being at the bar of the House g the debate of the corn-law, away at five o'clock in the f Wellington make that me , reminded them, that if they throne on the one hand, and the other, they would be an iso f Applause.) I saw their lord ' no man could deny the truth ) I came to the conclu e on that occasion, that gOod to be worked out of it, and that if we could but return a House of Commons representing the great bodies of constituencies of the kingdom, we should r 030 reforms which are neces sary, find the House of liirds willing to go along with it fo Lh asa and which public • ' opinion must yet demand from it. But what is it Sou are now asked to do? Not to have one House of Lords, but two • You are asked to be content with the Duke of Ne weeitic in the one , and the Earl of Lincoln in the other. ill h eel:, ear.) I have nothing to say against these nobler., en, as individuals ' • I only bring them forward as example's. I have always un derstood that th e House of Commons was an equally im portant branch of the legislature with the House of Lords, and now, in Manchester, you are about to be called upon to return a member to that House of Commons—that is, a house speaking the sentiments and representing the opinions of the Commons of England ; and I think you will act wisely in considering how your interests will be best served—whether by a member of a high and &Alto ' antic clam, or by a man who will represent your own class, 1 and who has no wish to rise out of your own class. (Cheers.) I The opposition which is threatened, so far as I am con cerned, does not at all disappoint my expectations. I know perfectly well, and there is not a man in Manchester more soescious of the truth, that I am not a man likely to carry with me the united and undivided affections of this whole rxmatituency, I did not pretend. I did not pretend to be more than an ordinary mortal—anxious, certainly, to do his duty in his day and generation to his fellow-citizens--but when I recollect what there is involved in this election, I confess I am astonished at the conduct of those who have taken part in this opposition. (Hear.) I will not speak of men—there are but a few of them—who have deserted the ranks in which they have. fought for years and years ; but I would speak to you rather of the great and holy prin ciples which are involved in this election, notwithstanding that it is attempted to be shown that all party distinctions are, now the Com-law is passed, obliterated, and all the an cient landmarks to be thrown down;—as the cock said to the 1 horse in the stable, " Let us tread softly, lest we hurt one 1 another." (Loud cheers and laughter.) Why, will it be I pretended that this constituency had no principles before I the League came ? (Cheers.) Was not the existence of that League a proof that there was somewhere or other an enormous resisting power ? I say, were there not opinions and principles that you held valuable, and which separated you, as by a wide gulf, from those who fur a century past have held the dominion in this country ? and are there not other measures which must be considered and contended for? Think ye the tide has done flowing, and that it will not flow on ? (Cheers.) kye there are not other fi ancial arrangements yet to Thin be made, upon which must de pend the future prosperity of this kingdom ? (Cheers.) Think ye there are not in every department of the public see- i vice abuses which are yet to be remedied? And think ye there are not yet slumbering in men's minds great principles which must yet be brought to light and acted upon ? (Cheers.) Some of the newspapers would have you believe that I am a rash and dangerous man to legishite for the country, but I am thankful to feel that I am not the man to legislate despotically for this or any country ; and that if I hold any one opinion more strongly ' than another, it is, that if these measures, or any others which are really beneficial, can be obtained, it is not by violence, but by encouraging an enlightened public opinion, by which the legislation of the country can alone be usefully and wisely carried on. And that whatever abstract opinions I I may hold upon any question in the closet, of this I am ' sensible, as much as of anything, that the only way in which changes can be made, is by that mode by which we have already successfully effected one great change—by gradually and thoroughly instructing the public mind ; by creasing among all classes a reverence for the law, and a determina tion, that any changes of the law we may seek to make, shall be effected, not with rashness or force, but in accord ance with the gathering intelligence, and the enlightened opinions, of the gtcat mass of the people. (Great cheering.) Now be assured, in this concluding observation, that when I remind you of what depends upon this election, I do not ask it on my own account, but as you have, for the past seven years, been more prominent than any other town — as you have taught proud ministries and cabinets the great principles of political economy, be assured that the constituencies ef the country Inok to you, and e watching with anxious glance the course you may take o ar n this important occasion. (Applause.) Why, there is mate rial enough in Manchester to do anything worthy of being done; and after a stated time, there is zeal sufficient to call that material into action. If I were not a candidate on this occasion—and would that I were not, that I might speak as I could speak as to the course you ought too ke, and could speak to you as men holding my opinis—oh how I would pray that heaven had given me eloquence surpassing that of other men, that I might fully pouttray to you all that depends upon this portentous contest upon which you are about to enter. In answer to a question, Mr. Bright said he was favour able to an abolition of the window tax, believing it to be prejudicial, by placing a restriction upon the number of windows in a man's house, to convenience, and also to health ; for light was as necessary as air to health. Mr. Alderman HARVEY wished to hear Mr. Bright's opinion as to an extension of the suffrage. Mr. BRIGHT replied: Everybody, probably, will suppose that in my opinions upon the present extent of the elective franchise of this country, I do not hold the extent and distri bution of it now to be in a satisfactory state. (Hear, hear.) , With regard to the extent—for the question only refers to that—it always appeared to me to be the duty of every man ' living in this country, where we have a popular and repre sentative system to possess himself of the franchise. In that view I was a hearty supporter of the means taken by the League to extend the suffrage—( cheers) —and I should be willing to help every man to get a vote. And that being the case, I cannot see the propriety of denying to a man that which I hold it to be his duty to endeavour to gain. The question then comes—in what manner would I give it? My present disposition is to support in parliament every inquiry with a view to extending the suffrage. I have no reason to believe that any man would propose by one stroke of the pen to make such an entire change as to admit every grown within what is called " the pa& of the constitution." I be lieve that is the point at which we shall some day arrive, and I believe we shall arrive at it of necessity in time, and that it is the duty of the public to further every means for bringing within that pale increasing numbers ; for I am satisfied from the way the intelligence and well-being of the country is advancing , there a re every year a class added to these outside the pale just as suitable to be within it as the ' classes who have the franchi se. (Applause.) I am not a man to put the ding on when the carriage is going up the , hill, and at the same time I am the last man who would fa vour a system of exclusiveness in the government of the country. (Cheers.) Mr. BRIGHT subsequently, in answer to other questions, stated that he was favourable to a removal of the income tax as a system beset with fraud and deception of every description , if a less objectionable means of replacing the re venue could be devised; and, in the same light, he was for a removal of the tax upon tea, or, at all events, a reduction of that tax, which he believed would not ultimately be a loss to the revenue, whilst it would greatly benefit the commerce of , the country. (Applause.) The meeting was a most enthusiastic one throughout. ...-------___ ito IRELAND. DUBLIN, Dec. 3. MEETING OF THE " YOUNG IRELAND" PARTY. Yesterday evening the "Young Ireland" met in the great room of the Rotunda, which was crammed to overflow ing. This room is capable of accommodating 2000 persons, and it was inconveniently filled.—Francis Comyn, Esq., J. P., of Woodstock, on taking the chair, expressed his feelings of delight at seeing such an array of patriotic Irishmen resolutely determining to seek for the repeal of the union without consulting the pleasure of any English party, Tory or Whig. (Great cheers.) The present pre he mier had declared, in his place in parliameot, that would prefer a civil war to a repeal of the legislative union. -(Groans.) Now he had not read any retractation of that sentiment ever since it was uttered, and, therefore, as an enemy to the repeal, he was undeserving of the confidence of the true friends of Ireland. (Cheers.)—Mr. O'Gorman, barrister, rose to move a resolution. Conciliation Hall, h ol e said, had become a mere com mittee room of an English faction. (Hear, hear, and cheers.) He cited a passage from Mr. O'Connell's recent report and speech, in which he charged the Young Irelanders with the design of accom plishing their objects by the use of physical force; this he denied. It was a mere subterfuge—one which wasrfectly untenable, butwas employed for unworthy motives. ( Cheers.) The people of Ireland had, by their sacrifices, prayed their sincerity in their struggle for nationality ; the poor est in the land had contributed to the ntimet of their means to build up and support that association which had deserted them in their moment of adversity, for the purpose of giving strength to a feeble faction. (Cheers.) His pares had also been accused of disseminating infidel opinions; and a prelate of the Catholic Church had been induced to denounce them in Conciliation•hall. If he thought the men with whom he was allied were capable of doing any act to I warrant such a dreadful accusation, he would fly from them with horror; but the charge was, like the former,ere the wholly untenable, unfounded, and untrue. (Cheers.) W y to give up the repeal cause because the association had faiW them? (Cries of " No, no, never." and cheers.) Were they to rest content in slavery because the English Whig n happened to be in the ascendant ? (" No, no, no.") No; a thousand times no. (Great cheering.) He con alluded by moving a resolution to the effect that Mr. O'Connell's reply to the Cork repealers was nnsatisfack. tort' and delusive.—Mr. Dillon seconded the resolution. — Mr. O'Connell had charged them with a great deal, but he had not ventured to deny any of the very serious charges brought against himself. (Hear, hear.) Had h h e not, amongst others, been charged with having deliberately broken up the Repeal Association, at the instance of the present Whig government ? All but the merest slaves to his will be lieved it : the fact was obvious to all who bad observed his conduct ; but not a word had he ventured in reply. (Groans and cheers.) The motion passed unanimously. The Reverend Father Meehan read a report of the cause "Young " against " Old" Ireland. Mr. Meagher was received with a round of applause. It was a righteous duty, he said, to instruct the slave ; but it was a proud privilege to address the free he man. (Louvailed d cheers.) That privilege he now enjoyed ; a himself of it to vindicate his character, that he might here after be of service to his country. Here, in this splendid hall, on the first anniversary of the Richmond imprisonment, did we assemble, clad in the uniform of the Irish nation ; and here, before the civic representatives of our chief cities, and the patriot members of the legislature, did we vow that we would never desist from seeking for the repeal of the legislative union, by all peaceable, moral, and constitutional means, until a parliament was restored to Ireland. That was the vow of the Rotunda . Public men bad charged them with the violation of that vow. They had met there to answer the charge. Weak, indeed, would be their efforts to serve this country if suspicion rested on those effort+, and if the people whom they had the desire to emancipate were tutored to distrust them. Ile impeached O'Connell as a mere tool of the present mien of the League, of gentle; • Is, by any controversy witl sorted from the immediate task e cans .116 so energetically as to didate beyond a doubt, before Ise. Reports were made from th strict committees, that had been !, reported upon them varied Eh JOHN BRIGHT, Esq., was then used with moat enthusiastic Se meeting for nearly an hour: I f his address was occupied in m ad been made to his prejudice b 3 ams—including chiefly the ifori oilier Guardian. The latter pl tick, as he showed, of tacking a 3 's speech, made at one of the t-garaen Theatre, in 1815 (ths Rtion of one of Mr. Bright's, 8 t the ban, gentleman held opin ce of the church, the peen on. gentleman was often loudly 'We have heard of an old lad iroP—we have also heard of bleve, ever saw her), called d now I thi n k we h ave discover s, the Betsy Prig of the In gel (he continued) with havi lance of the House of Lords. as under consideration, and w e House of Lords was the gre tdin. g that question ; when we e ts reduced to a state of liered that house was callow if , e. it is not sur pri s i ng that e atui to alum some of the timi ow, I had the satisfaction of bei Lords every evening during I more than once walked a' onnog. I heard the D u ke of M speech, in which he re aloof, deserted by the thron "Ire of Commons on the oth i body, without power. (Ai ce ig under n it ; but still n :the7wam (Rear, bear.: from witnessing the procee re was much of good to be VI THE EXPRESS, SATURDAY EVENING, DECEMBER 5, 1846. government. The man, he said, who once clutched the gold of the treasury, would never dare to clench ,is hand when the bribe of the minister was tendered. (Ch.eers.) The man who lisped compliments at the table of the viceroy, would be very slow to denounce his conduct towards the people from the tribune of Conciliation Hall. (Renewed cheers.) The career of the minister in this country was marked by pea sants' graves, and yet the minister was not denounced from the tribune of Conciliation Hall; and now he asked, was this the minister with whom they were called to coalesce? Forbid it, heaven ! (Cheers.) The Catholic emanci pator deserved thee gratitude, but the leader of the Repeal Association bad forfeited their allegiance. (Cheers.) But gratitude to the benefactor should not be taken as an unlimited license on his part to destroy the liberty of the people. (Hear, hear.) Mr. O'Connell should have our respect, but our country should have our love. (Cheers.)—The Rev. Mr. Meehan, the Rev. Mr. O'Carroll, and Mr. Doheny, banister, severally addressed the meeting in a similar strain.—Dr. Hutchinson, of Liverpool, moved a resolution recommending the genuine repealer, to hold en aggregate meeting, which passed.—A vote of thanks was passed to the chairman, and the meeting separated. PUISCHABF. OF ARMS IN lIVELAND.—On this subject, by means of which it has been sought to create a panic, the Freeman's Journal has the following; " Whoever has con sidered the matter will at once perceive the sufficiency of the cause. By an absurd regulation which sought to restrain a fair privilege of the subject, but whose sole effect was to encourage the clandestine possession of fire-arms, the autho rity to sell was vested in a few licensed gun-makers, and very heavy penalties were imposed on the importation of any sort of arms into Ireland. While that pre caution did not extirpate the desire, or prevent the enjoyment of fire-arms by persons who required them for illegal purposes, the honest and innocent, who re quired them fur the security of their persons and properties, were deprived of the power of self-defence. The late judi cious alteration in the law has left the trade in fire-arms, as in many other branches of trade, perfectly free ; and the novelty of possessing a fowling-piece has instigated numbers to purchase, partly fur show, and partly, perhaps, to bring down an odd hare or cock grouse in season. That the ob jects of the purchasers are of this innocent character is appa rent from the markets in which the retail purchases are effected. The: orders are as numerous from the north as from the south, and the description of the required arms are at prices which prove that glitter is of more consequence than usefulness, and that nothing more is sought than the possession of something resembling a gun. We have been informed that the primary cause of the arming, as it is called, was the natural apprehension of the farmers for the contents of their hazgards, and the protection of their cattle, which in many places it is become necessary to watch through the night in the fields. Another class which has drawn extensively on the Birmingham trade arc the game keepers and. domestic servants of the gentry, and much for the same reasons as the farmers—the protection of eatable property in a season of universal distress. It is, too, not a little singular, and corroborative of the view we have taken, that, while the trade has been per fectly open for nearly five months, no desire to possess arms took place until the approach of winter warned the farmers and suggested the approach of danger and the necessity of immediate protection. If the ciket were ascribable to any of the foolish causes with which it has been connected, surely the Irish peasantry would have commenced opera tions much sooner, and proved their anxiety by immediate fruition. But we see nothing of this kind. 'For five months neither gun nor pistol is sought, either in the north or in the south ; but when hunger is on the increase, and predatory bands very naturally expected to traverse the country during the long nights of winter in search of food, then the farmers avail themselves of a right, and take proactive arms. Every per-on in the country in possession of a gun is well known, a knowledge which may render incursions into his haggard or garden less probable and more dangerous. PROVINCIAL. A VERT SERIOUS COLLItIION took place on Wednesday upon the Bolton Railway. A ballast-train, in which were • 29 labourers, in the employ of the company, was run against by a luggage-train tray , Bing on the some line of rail, but in an opposite direction. The engine of the ballast-train was seriously damaged, and the carriage containing the work people thrown off the rails and turned Over. The engineer and foreman of the luggage-train, seeing the opposite train approaching, shut off the steam and had time to jump off and escape uninjured. Assistance was procured as soon as pos sible, and the men, all of whom were m .re or less injured, were sent to their homes, where some of them at present remain in a very had state. The accident appears to have been occasioned by the wilful disobedience of orders by one of the engine drivers. A portion of the line near the Kearsley embankment being under repair, the mats riots used in the works are conveyed from near Bolton, in order that the repairs might not interfere with the passenger traffic. The works were or dered to be carried on in the night time. For the better prevention of accidents, one engine -driver, named Johnson, was ordered to take all the luggaze trains, either to or from Bolton, upon the "up " line, whilst Steventon, the driver of the train conveying ballast for the repairs, was ordered to use the "down" line. Had these instructions been obey , d, it is obvious that there could be no possibility of a collision ; the ballast train was, however, run upon the wrong rail, and the catastrophe above related occurred in consequence ; and upon Steventon being asked how it was that he ran upon the wron line, he excused himself by stating , th at he g had done it to save the time that would have been lost by " shunting " the train upon the other line, as he thought that the luggage train would not run to Bolton again that morning, as it had already made two journeys since the pre ceiling evening. The driver of the ballast engina was taken into custody, and brought lip before the magistrates at Sal ford. The circumstances having been fully investigated, the prisoner, in his defence, threw the blame upon one of the watchmen at the Bolton terminus, who told him there were no more trains coming on that line. Mr. Trafford told him that that was no excuse, for he had clearly disobeyed his orders, and by so doing he had endangered both life and limb. The prisoner was then sentenced for a month to hard ' labour ; and in the event of anyof the injured parties dying, ' will be tried upon a charge of manslaughter. YORKSHIRE. R EP RESENTATION OF PONTEIRACT.—Lord Viscount Pol lington, one of the members for this borough, has issued an address to the electors, announcing that it is not his inten tion again to offer himself as a candid ate for their suffrages. His lordship concludes by observing—" The circumstances which have compelled me most unwillingly to retire from your representation arc too well known to you all to need any explanstion from mc." This announcement seems to have come upon the electors by surprise, and has occasioned a general feeling of regret. It has been promptly responded to by an address, which is now in course of signature, re questing Lord Pollington to continue their representative, and pledging themselves to re-elect his lordship without any expense to him. DURILtM. A ROBRERY BY WEALTHY THIEVES.—OH Saturday two persons, having the appearance and address of gentlemen, went into Miss Murray's, Half Moon Inn, Gateshead, and ordered dinner, but being told that the usual ordinary would be ready at two, they consented to wait, and after drinking a glass of whiskey went out. In half an hour they returned, each bringing with him a top coat, which they left down stairs to dry. They afterwards joined the regular customers at the ordinary, seemed quite at home, and drank and talked with all around. On the cloth being removed they went down stairs, got their top coats, and were directed to a room which was entered by a different staircase to the one which led to the ordinary. In a short time oe of them went to Miss Murray, and, with great politeness, n requested that lady to oblige him with twenty pounds in notes in exchange for that amount in gold. Of course, Miss Murray consented, and proceeded to her roo m for that purpooe. In doing so however, she had to pass the door of the room where the companion of this " gentleman " was, and it was so situated as to enable the person inside to observe where she went. On her return she said she could only favour him with two five-pound notes, which were accepted. Both almost imme diately after left the house, and in about a quarter of an hour, Miss Murray having occasion to go to her room, dis covered one of her drawers open, and that it had been robbed of upwards of thirty pounds in gold. Information was given to the police, and on Monday morning, two constables, ac companied one of Miss Murray's servants, proceeded to the railway tavern, North Shields, and there found the ob jects of their visit. One, named William Wood, was sitting upstairs at breakfast, with a woman, supposed to be his wife, and was apprehended. The other, named John Shaw, was standing at the door of the inn, and on observing the police approaching him, ran off, and went over some fields at a very rapid rate, with a constable, in pursuit. After they bad proceeded over several fields, Shaw, in taking &hedge fell, and was captured. On the person of Wood was found the sum of 61., a gold watch and chain, a life preserver, and a gun ; and ou his wife was a purse, containing 401. in gold, two 51. notes, and a check for 701. Shaw had in his pos session 191. in gold and silver, two pickloeks, some Incifci matches, and other articles. They profess to be ver y indig nant at being apprehended for robbing ; and not a rord of recognition passed between the men, who, however, have been fully identified as having been in Miss Murray's house at the time of the robWbeOßryC. ESTERSHIRE. A WHOLE CORPORATION DEFUNCT.—It is the opinion of legal men that the town council of Worcester has virtually committed an act of fel° de Sc, and has no longer an exist ence, in consequence of the vacancy occasioned by the death of the mayor not having been duly filled np within ten days, as required by the act. By this neglect, which occurred before the recent annual election, the number of councillors fixed by law was incomplete, and, consequently, the acts of the remainder are said to be null and void. REPRESENTATION OF THE EASTERN DIVISION.—It Seams the Conservatives are too eager to wait, decently as we yesterday said it was expected they would, for the allfune of Mr. Barneby, before taking any active steps to secure h representation of the eastern division of Worcestershire. Captain Rushout, we learn, from Droitwich, has issued an address to the electors, offering himself as a candidate on the principles of " perfect freedom of religious opinion, with a warm attachment to the established Protestant religion." WARWICKSHIRE. THE ANNUAL MEETING of the Rugby Agricultural As sociation was held on Tuesd a y last. The cattle show, which was by far the best, both in respect to the number and quality of the stock, that has been exhibited for many years past, was held in a field near the town, on the road to Briton, where were also exhibited several excellent specimens of im proved agricultural implements. One feature in the day's proceeding' was a novelty ;—the stock on the field was sold by auction, after the judges h ad awarded the prizes. The sale was co nducted with tolerable briskness, and the prices offered were generally high, but we believe very few bona ,fide sales were effected. HEREFORDSHIRE. COMMISSION BY THE LORD-LIEUTENANT. —C. W. AECII, Esq., to be Deputy-Lieut. LITERATURE. Zoology for Schools. Part I. Invertebrate Animals. Simpkin, Marshall, and Co. The great object of intellectual education should be the unfolding of all the powers of olservation and thought of the human mind. That one or two sub jects are not capable of doing this is proved by the constitution of the human mind itself, and its relations to external nature. Man is surrounded by external objects, the result of the various combinations of mat ter, and upon these his sensations and perceptions are earliest employed. He learns to express these objects by means of sounds which, on being written, become words, and language is the result. These objects have also certain fixed and definite relations to each other, which he learns to express by numbers, and mathematical science is the conse quence. Extend a man's knowledge as we may, we can only go in these three directions ; and all intel lectual education ought to have for its object the due cultivation of the mind in relation to these three great classes of human knowledge. If, however, we only take a glance at our present system of teaching from the same school, through the British and Foreign, the national, the day-schools for the middle classes, boarding-schools, up to Eton, Westminster, and our universities, we shall find that it is more or less one.sided. The two classes of language or number are cultivated at the expense of the other. A boy is taught to read of things, to know the various conventional signs for these things, with out any regard to his knowledge of the things them selves. He may be also taught, but this in most cases only in a limited degree, the properties of num bers, without having once pointed out to him their application to external objects. Such a system of education as this cannot be defended, at a time when the natural sciences are making the most rapid strides. The most ordinary facts of science ought not to be learned out of the school-room, but rather to form a part of the education there. What reason can be assigned that every advantage should be taken of the - labours of men in philology and the exact sciences, whilst the not less important labours of the chemist, the geologist, the botanist, and zoologist are taken no account of. We know of none, and the cause has obviously arisen from the fact that our university and whole scholastic system begun at a time when the natural sciences were not cultivated, and it has been handed down to the present day in this one-sided form, through the influence, on the one hand, of prejudiced teachers, and on the other of a general disregard of the nature of education by the public. The day is, however, we hope, passing away when a knowledge of natural science and its practical applications to the multiplying the comforts and increasing the happiness of mankind, will be regarded with contempt; when the old universities, and even the new London one, will be allowed to dispense their highest honours alone for a knowledge of classics and mathematics, thus setting the seal of the highest educational authority against the claim of the natural sciences to be regarded not only as a means of education, but to be studied at all. We know that in some of our universities the natural sciences are taught in connexion with a medical edu cation • but we think their claims too obvious to be disregarded in general education. It is very evident that if anything is to be done in teaching natural science, we must not look for it to be begun in our highest educational institutions. Chairs of botany, chemistry, and geology, exist at Oxford and Cambridge; but these subjects enter not into the education of these places , and therefore their chairs are almost sinecures. We must then begin below. There is more hope of committees of British and Foreign day-schools and national schools, and more hope still of government boards, than our uni versities. Already, in Ireland, the National Board of Education have determined to introduce the study of Natural History into their schools ; and in Mr. l'at terson's little work "Zoology for Schools," we have the first fruits. We are glad to be able to speak well of this first attempt at making the science of zoology a study for schools. We say the science, for we are aware that " Goldsmith's Animated I I Nature," and ill-arranged extracts from Buffon's I works, have been made reading books in schools. It is, however, quite impossible to illustrate the great principles of classification, or direct the student to the laws of organisation from such works. In the arrangement of his book Mr. Patterson has followed envier, and made extensive use of the works of our countrymen Owen, Jones, E. Forbes, and others. Although quite up to the science of the day, the work is divested of a technical terminology which would be likely to frighten the young student • and a judicious selection has been made from the o bservations of na turalists on the habits and uses of animals : a depart ment which is here made subsidiary to the teach ing zoology as a science, but which forms the staple of previous school-books on this subject. As a specimen of the work we give the following extract : The soft-bodied animals to which the term ataltratar is applied, constitute another of the primary groups of the animal kingdom. In them we sec no longer the jointed or articulated structure, charac teristic of the crustacea and insects. The body, es the very name of the group implies, is soft, and it is devoid of the jointed legs, which in some of the preceding tribes were applied to such direr/4W uses. The nervous system is also different, beinz unsymmetrical; Tt consists of a ring surrounding the gullet, with one or two ganglions or knots of nervous matter, connected with similar masses Mother part{ of the body. The blood is colourless or not red, and the respiratory organ or gill, which is never wanting, presents great diversity in position and figure, and is, in some aped a, a very remarkable and attractive object. The mollusc's are very A idelydiifured, abounding not only in tropical and arctic seas, but in lakes, ponds, and rivers. Some around our coasts are found buried in sand or mud ; others construct their dwellings in indurated clay, and even in limestone rock. Some species delight in quiet sunny nooks, on the margin of fresh water pools some in rapid and mighty rivers; and others dwell in the ocean at depths which have been but seldom explored by the dredge of the naturalist. But though the greater number are aquatic, all are not so. The terrestrial species, even in our own country, are found in our pastures, our gardens . , and our plantations. Some may be found on sandy banks, others 111 moist and shady plum, some lurking under withered leaves, and others at various heights on the trunks of our forest trees. The beautiful variety of form observable in the shells of different species of molluseso has in all ages attracted attention, and the splenir of their colouring is not surpassed by that of our brightest garden flowers; in some respects it is even superior, for their most delicate tints become here tudading and permanent. and a peculiar structure of the surface gives rise occasionally to iridescent hues. Among savage tribes shells are formed into elaborate orna ments, and applied to numberless uses. In a part of Africa a rem of shell called "cowry" is the current min; the "wampum belts of some of the North American Indians, whether constituting their records, or presented to strangers when they enter into or re cognise a treaty of amity, are formed of shells. the thin layers of some large flafbiralves, when polished, are used in the south of China and in India instead of gloss for windows. Many of the domestic utensils of uncivilised nations are shells ; and they are converted into drinking cups, knives, spoons, fishing-hooks, and even razors. In Zetland one of our common univalte shells (fuser antiquas), sus horizontally by a cord, is used as a lamp, the canal serving to L e r de dt d he wick, and the rarity to nintain the oil. In former times the scallop (pecten maxima: or opercalaris) was worn by religious Vlgrirns : a custcm occasionally referred to by our poets. Thus "mil 61111 t . 11c quits his chermell, the pilgrim's staff he bore, And tired the scallop in his hat before " The difference in point of size is not less remarkable than that of the form and colouring. The tridaena, or giant damp/hell, Is said to attain, cocrionally, a weight of more than 5001b5., from which circum stance the story may have originated of an oyster which furnished a dinner for a whole miment. Let un in imagination, contrast with this microecopic chambered shells of which Soldari collected the anonishing number of 10,454 from less than an ounce and a half of stone found in the bills of Combine, in Tuscany. Some idea of the diminutive size of these shells may be formed from the circuinstanoe that immense numbers of them passed through a paper in which holes had been pricked with a needle of the smallest AIM. Even without going into foreign countries, or haring recourse to the microscope, we hays on our own shores examples of shells remarkable for their minuteness. On one occasion we gathered some handfuls of a uni , valve shell siefisdista 'artistica), which was lying in dark irregular I patches on the strand near Belfast. It bare considerable resemblance. except in size, to the common fresh water species. The weight of four quills, when filled with these shells, was 80 grains, and as 22 of the shells with their contained animals weighed only two grains, the number of shells thus enclosed was 880. The weight of the quills and their contents, when enclosed in a letter, was less than half an ounce, and we were therefore enabled to transmit 880 one live animate and their habitations from Belfast to Dublin, per mail, for penny. The work is illustrated with above 70 engravings, which are executed with care and selected from the best authorities. It is not unworthy of notice, that this work has proceeded not from the pen of a pro fessed naturalist or a member of the medical pro fession, but from a man in business, who has devoted the scanty leisure of a toiling life to the cultivation of natural history. The book is not only adapted for schools, but all who have acquired habits of observa tion and thought will take an interest in its perusal. gbr Drama. FRENCH PLAYS.—ST. JAMES'S THEATRE. —Reg !Lard's comedy, " Le Legataire Universel," was produced here yesterday evening, with various omissions and curtailments, rendered necessary by the somewhat teste nature of the dia logue as it stood. Even much that remains is un peu fort, though carried off si ith an excellent air by the accomplished artists who fill the two principal characters, M. Cartigny mud ALdlle. Brohan, and who, indeed, reconcile us to the play itself, the plot of which is so extremely repulsive that, in ordinary hands, it would almost render one heedless of the animation and humour of the situations, and the airy grace and wit of the language. Albeit it must be admitted, although not of an agreeable sort, there is great comic talent exhibited in The Legataire Universel,"— La Harpe, indeed, pronounces it the chef-d'aeuvre of comic literature. If, as it is said, comedy be the imitation of real life, this comedy is calculat ed to g ive one a very disagreeable impression of real life ; for, from beginning to end, it pia bits nothing but utter heartlessness preying upon sordid imbecility ; the subject being a feeble old man, who, in the jaws of death, is teased by his nephew for his property, and has a false will imposed upon him that has been drawn up by the aid of a knavish valet and an almost equally knavish femme de ehamb►e, while the poor man lay on his death-bed, apparently is extrensis. Nor does the comedy in any degree " point a moral," for the roguery is made wholly successful. As to the acting, nothing could be better. hf. Car tigny 's Crispin wesiall that the most fastidious of the irrilabile genus could desire as an embodier of his verses ; and as a piece of external humour, so to speak, commend us to his making-up and impersonation of the fat niece, whose guise he assumes, in order to disgust the old gentleman with all his relations, except the designing nephew. Mademoiselle Brohan supported him most energetically. The other re presentations of the evening were " L'Homme de 60 Ans," and "Le Comedien d'Etampes." On Monday we are to have "Le Bourgeois Oentilhomme," with a power ful cast. UNIVERSITY AND CLERICAL NEWS. • 01/01D, Dec. 4.—Psomitiona.—Mr. C. T. Coote, B. A., of Queen's Col., was this morning elected to the new Medical Fellowship at this college, founded by Mra. tiarvnasrrT Pagacerzaa gh - e - I. Nren. Archdeacon Clerke, Sunday morning, at Cling Church ; Be.. J. L. Spencer, Worcester OA, Sun- I day afternoon, at St. Mary's. Destix.—The subjects for the Tice.Chancellor's prizes at the spring commenceMente, 1847, are: In Greek, Latin, or English prose, for graduates, " Mond Evidence." For undergraduates :In Greek, Latin, or English verse, "The Battles on the Sutlej."—The Rev. Joseph Cason, AI .A., F.T.C„ has been appointed an university preacher in the place of the Rev. Dr. Lloyd resigned.—ln consequence of a decree of the board, made on the lath November, Fellow Commcmers will be permitted to keep their divinity terms at the beginning of their junior *minder year, instead of their senior aophister year, se heretofore; and by this means they can have their divinity teetimulnuin at the time of their proceeding B.A. rteb!ndary:of PREFERNIENTe.--The REV. R. N. Pemberton to the Pre—__ Moreton and Whaddon, in the Cathedral Church of Hereford, on the nomination of the Bishop of the Diooese. The Hon. and Rev. 0. W. W. Forester, M.A., to the Prebendary of Bullinghope, in the same cathedral church, and on the same nominnion. Rev. J. H. Butter worth to Stapleton I'. C., Gloucestershire, 224?. Rev. H. Howellto Briilmtow R. w. Sourton C., Devon, 424? Rev. J. F. Witty, C. of Besminster, to be a surrogate for the peculiar of Dio. of Sarum. VACANT.—Awarhy P. C., Lincolaskire, dio. Lincoln; 55t., with residence ; pat., Bishop of Lincoln ; by death of the Rev. W. Ward. NAVAL. Pominserat, Der. 4. The Rattlesnake, Capt. Owen Rtanley, riled vesterday afternoon. The Ajar, steam block ship, is nearly ' ready for her screw and machinery, and will go out of dock in a few days, when the royal yacht Victoria and Albert will take her place. Some new plan of the surveyor is to be tried upon her. The .Eslas, 42, that was fitting as a previa= store-ship for the coast of Ireland, is to take out convicts. The Penelope stern-vessel will be ready for Den in about three weeks. SIMERNEN, DEC. 4.—The Drapes e. f. is in the Britt ready for the pendant.—Euryalta, 44, convict depict, is ready for see, ant Chichester, SO, fitting as an advance ship. In Dock : Arm v 4, , Horrein, 44, fitting far a block-ship, Seringapatam, 14, fitting for a coal depot. CHATIIAIt, Dec. 4.—lt is rumoured that the Admiralty contemplates embodying the dockyard artificers and labourers into a v olunt eer corps tor the defence of the port. They arc to be trained, it is confi dently stated, to the use of the great guns and small arms, arc to wear uniforms, be commanded by the executive officers of the yards, and when called out for exercise or training, are to be paid from 4d. to 6d. per hour. Mr or %VAR.—Tilt RIOT Innis.—The Carysfort, 26, Capt. Bey moor, arrived at Sydney, New South Wales, on the Ind of August from Portsmouth and the Cape. —The Cleopatra, if. Capt. Wyatt, arrived at the Mauritius on the 30th August from Quillintaine.—The llosard, 18, Commander Berton, arrived at Singapore en the 4th October, and sailed on the 7th for tiongkone.—The For, 42, Commo dore Sir llenry Blackwood, arrived at Bombay on the 25th October from Aden.—The Pilot, If,, Commander Wilson. sailed from Madras on the 13th of October for taint de OMB, Caicut, Cannanore and Bangalore. ' NOMOTIONS Dr. 3.—D. Summers, boatswain, Vulture, to Ist class; 0. Marcus, to be acting boatswain in Caledonia. Areoortnev,, Dr. S.—Commander J. 11. Gennys, to study at ' Royal Naval Dillege. Lieuts : A.l.llnoth,Penetope; and 11. It. Gray, L Resistance. Second Masters : F.O. Crow., Naiad ; and W. W. Kid , die, Medusa. Midshipmen: A. 0. 8:•tton, Raleigh ; E. Barkley, William and Mary; and J. T. Young, Arttergrit. Naval Cadets : W. 11. Liddell, Metes. ; and 11. T. Marsden, Rosanonil. Clerk : 11. T. Reel, Birke , head. Clerk's Assistants: A. Gordan. Resistance; and W. Reed, Crocodile. Master's Assistants: R. Dean, Penelope; E. Seriamore, Vengeance. Boatswain ; E. Birch, Crocodile. MILITARY. Tar STAFF Artois - Dv NTS.—It is gentiadly understood that Lieut. Genend Sir William Gomm, governor and oonimander-in-chief ut the )Mauritius, will succeed Lord Gough in the command of the army in India. The announcement made in this paper come days since, to the effect that Lieut.-General Sir Benjamin DT rlnnt would preeeed to Canada as commander-in-chief, in succession to the Earl of Cathcart, has been confirmed, as have the anticipations which we expressed as to some other such appointments. SPORTING. Toe. Tenr.—Triennial Stake: are beginning to epread, and in few yearn will, we have no doubt, be found in the programme of every renpectable meeting in the kingdom. Newmarket, Ascot, and Liver pool, have already been advertised, and Catterick conics oat this seek with the Easby triennial, and a lint of 43 suirteriptions. A similar Make is opened at Newcuale, and several other pLicee ate about to " pronounce " in favour of this novel engagement. INTELLIGENCE EXTRA.—CATTERICK BRIDGE RACES, 1847. STAKE. , of 1.5 sots. each, 10 ft ; for 3-yr old fillies, at 3lb ; mile: b f Bening, by Record ; ch t Mary Stuart ; b t Chapeau Rouge • b Infringe ;b f Discontent: b Little Nell ;be f Alderman's Daughter ; hr Ellerthle ; ch (Gift, by Metal. The Snook, a Sweepstakes of 10 sots each ; for two year old.; map, Rot 51b; and thlica, lot 21b; the Straight run in. B e Kilvington, brother to Thirsk ; b f Contraction, sister to Diphthong ; be e by Amassin—Mistake; eh f Camphine; br or hl e Otterburn, by the Doc tor, out of Charlotte ; eh c Givenclak, byStockport, out of sully Snobs ; eh (by Velocipede, out of Porto hello's dam ; ch c by litmus —Equa tion ; b c Master Arthur, by Sheet Anchor, cut of Motheaten dam ; ch fby nett:nun l'iatoff; b e by Touchstone, out of Deception; Lucy Ashton ; b e Beverlae, by Getman Platoff; Hartwell, by Delirium. The CHAMPAGNE STAMM of 20 soot tact, b ft, for two-year-olds ; colts Rot 41b, and BBBw eat if IO cube. the second to nave his stake' Champagne course, about 6 furlongs : b e Kilvington, brother to : bk 1)oll, by Plenipotentiary, out of Toyßefecee, by Plenipotentiary ; b f by lion John ; br or bit c Otterburn ; br or bit f sister to Intrepid, by Accident ; ch f sister to l henry, by St. Martin ; br f Lady Mary, by lamerrost ; eh f by Velocipede, out of Porto. dumListon, by The Dottor ; b e by Emiliits, out of Variation Matadore ; b f Chaff, by Pantaloon; b c licverhic, by Iletman Plattiff; ch c by EIHWUN. CLANET STAMEN of 10 my. each : for three year old colts, Bst 71b; ' fillies, lint 3lb. Two miles. B. c. Wildboy, by Delirium, out of Toting Marion ; ch c Sir Mattin, by St. Martin ; bf by the Provost, out of Mint Whip; br c Executor; b a Bannockburn; b c Deloraine ; hrc The Liberator ; ch e New Era; br e Glean:ash, by lanervost, dam • by Tarragon ; bc. Eryx ; b c St. Oswald, by St. Btsnett, out of , Ariel ; be by Maley Moloch, out of Bevy Winton. Eats Ententgenct . LAW NOTICES.—Torte DAY. The Court of Chancery and Vice-Chancellor' will sit at Lincoln', inn, at 10. The courted Quern's Bench, Common Pleas, and Exchequer, will sit at Weldon:toter, at 91, on special and common jury cause.. EQUITY COURTS. YESTERDAY. Before Vice-Chancellor Knight Bruce. Ex PARTE Y*7E/I.—TUC/ITER ALT.—SERVICE OF PETI TION: ON PARTIES INTERESTED.—Mr. Little, for the peti tioners in this case, prayed that the master's report might be confirmed, whereby he certified that two persons named were fit and proper persons to be trustees of the fund men tioned in the petition, in the room of two other persons, one of whom hail died, and the other was out of the jurisdiction. The petition also asked that the fund might be transferred to the new trustees. His Honour inquired whether all parties interested had been served with notice of the petition ? Mr. Little said that they had not, and submitted that, under the statute 11 Geo. Iv., and 1 Wm. IV., c. 60, secs. 11, 12, and 22, such a course was not necessary. The fund in this case had been bequeathed in tenths to the children of the testator for their lives, and then to their children. The absolute owners of two of those tenths appeared upon the petition, as also the tenants for life of the remaining eight tenths. The persons so entitled to the remaining eight tenths in reversion had not been served, because, in fact, most of them were infants. His Honour said that it was singular, if this was an open point. There was a similar care in the Bankruptcy Act, under which it had been held that service on all the parties interested was necessary. Mr. Little said he would search for authorities, and men tion the case again. At the close of the day he said he had been unable to find any case precisely in point. His Honour said that since the matter had been mentioned in the morning, the Registrar had submitted the point to the Vie-Chancellor of England and Vice-Chancellor Wi gram, and theywere of opinion with his Honour,that service on all parties was necessary. Mr. Little must therefore serve all the adult parties with notice of the petition, and take the same process (analogous to service), with respect to the infants, as was usually taken in causes. COTODEAVE O. COTOREAPF.--CONSTRI:CTION OF POWER. —ln this case Sir John Cotgreave had power, by deed or will, to charge the estates, of which he was tenant for life, with 2,000/. as • portion or portions "for any daughters or younger sons," whom he might have. Sir John Cotgreave had two daughters by his first marriage and one son, and four daughters by his second ; and by his will, executed in pursuance of the power, be appointed 1,5001. (part of the 2,000/.) to the two daughters e. f the first marriage, and the remaining 5001. to the other daughters. The question was whether he had a right to make this unequal division of the 2,0001. Mr. Bacon, Mr. Milling, Mr. Charles . Hall, Mr. Jolliffe, and Mr. Richards appeared for the different parties. His Honour—l have no doubt upon this particular instru ment that the distribution in unequal shares was within the testator's powers. He was entitled to direct the whole 2,0001. to be raised, and also to distribute it unequally. GREOOItY V. WADE.—CONCURRENT JCHISDICTION OF COURTS OP LAW AND EQUITY.—The bill wan filed to set aside a contract which had been entered into by one of the defendants, while a single woman, with the plaintiffs, for the sale to them of the fuiniture and good-will of a young ladies' school at Windsor. The allegation was that the female defendant, who since the contract had married the other defendant, had misrepresented the value of the pro perty. The consideration for the sale consisted of 400/. cash, which the plaintiffs had paid, and 4001. secured by promis sory notes. One promissory note had become due, and the defendants in equity had brought their action upon it ; and to the action the plaintiffs in equity had pleaded fraud and eorin. The trial rt the action was about to take place. His Honour said that the question of fraud would be as well tried in the action as in this suit. Ile observed that in this case legal fraud and equitable fraud were identical ; and he referred to the case of " Dobell v. Stephens," 3 Bai'newall and Cresswell's Reports. He thought it better that the case should stand over till the action was tried. This was agreed to by all parties; the defendants in equity undertaking to waive all technicalities arising from their marriage since the contract Wes entered into. lIAYNE v. HUM—RAILWAY COMPANT.—INICNCTION. —Mr. Malin move I, expecte, for an injunction to restrain the defendants, Hutt and others, from ordering the re moval; and the defendant, Ingram, from obeying the order for removal of certain - books from London to Manchester. It appeared that the plaintiff, Hayne, and two co-plaintiffs had been the committee of management of a scheme fur a railway to be called the "Liverpool, Manches• ter, and Newcastle-upon-Tyne Railway Company ;" that there had been a competing scheme called the "Liverpool, Lancashire, and North Junction Railway Company ;" t h at in the autumn of 1815 the parties interested in each scheme thought it for their interest that the two should be =alga- /, 0 mated; that an act of parliament was accordingly obtained in June last for uniting the two proposed railways and raising the necessary funds ; that the plaintiffs were not managers or directors under the new scheme ; that before the smalga mation took place serious charges were raised against the plaintiffs, ircpeaching their integrity in regard to allotting 'hares and otherwise; that, since the amalgamation, those charges had been repeated ; that a committee of inquiry had been appointed for investigating the charges ; that that committee would make their report within a few days ; that notwithstanding this the defendants, who were the present directors, had written to Ingram, who bad been the London secretary both of the old and the new association, desiring him to send the books in question, which related to the original scheme only, and in no way concerned the present association, to the committee-room at Manchester ; and that Ingram threatened to do so. The application of the plaintiff was supported by the affidavit of Hayne, which, after slating these facts, alleged that the deponent verily believed that in the present violent state of feeling against him at Man chester, he would, if the books were sent there, be precluded from access to them, and that access to them was necessary to the vindication of his character. His Honour: Take an interim order till Tuesday at two o'clock, and serve notice of motion to-day or to-morrow on the defendants, for Tuesday. COURT OF QUEEN'S BENCH. Sittings in Homo. SMITH o. HOPINIR.—RIGHT OP A HIGHWAY BOARD TO NOTICE OF AN Ac - lux FOR A WRONGFUL ACT DONE BY ITS ORDER.—In this case a gate, which for more than twenty five years bad stood across a certain footpath in the town of Sunderland, was thrown down by order of the highway board of the parish in which it is situated, on the ground that the footpath was a public highway and the gate an ob struction. The owner of the gate and claimant of the foot path brought an action for the trespass against the highway board, and had a verdict in his favour. Thereupon a rule nisi was obtained, pursuant to leave reserved for setting aside the verdict and entering a nonsuit, on the ground that notice of action had not been given. Mr. Knowles, Q.C., Mr. Robinson, and Mr. Heath, now showed cause, and contended that, admitting the bon& fides of the defendants, they could only be entitled to notice to the case of there having been reasonable ground for the supposition that they were acting in pursuance of the tu thority conferred on them by the act ; and that in this cue there had not hecn any such ground, because the Highway Act, 5 and 6 Will. IV., cap. 50, did not give a highway lamed power to remove an obstruction of this kind from a highway being a foatway.—Mr. Watson, Q.C., Mr. Grainger, and Mr. Atherton, in support of the rule, contended that it was bath the right and the duty of a highway board to abate encroachments, end to remove all ohstructions from high ways of every kind. That being so, and the hoofs fides being admitted, the defendants were entitled to notice that they might, if they sr pleased. tender amends before action brought —The court took time to consider its judgin , rd. NMI PIM,. —MOM Mr. Justice Erie. WILLIAMS e, CROPWELL. FALSE IMPRISONMENT ON A CHARGE OF FELONY.—The plaintiff in this ease was a servant in the employ of the defendant, a wine-merchant, who was the owner of a house in Eaton-square. Having lot that house, he was removing to Norland-square, Kensington, on 24th Nov. in last year, and the house was in some coo fusion, workmen from an upholsterer's being occupie d there. In the course of the evening the plaintiff was sent out on some errand. About twelve o'clock, Mrs. Cropwell missed a satin gown she had worn that day, and the defendant called in a policeman and gave the plaintiff into custody on a charge of felony, there being only one other servant in the house, on whose character ho had perfect reliance. The plaintiff's Furs was searched, and some stamped envelopes were found in it, which she said site had bought, but which it subsequently was sought to show were given to her by a person of the name of Mason, who was paying his addreaies to her. The defendant asserted that he missed some envelopes of the same kind. No trace of the other missing articles was ever found. The plaintiff was then taken to the station.houre, where she con. tinned all night, and on being taken before the magistrate neat morning she wa. , remanded for a we. k, and kept in Tothill-fields Bridewell until the 4th of Decem ber, when she was again broueht up and discharged. For the defence it was contended that there were reasonable grounds of suspicion that a felony had been committed, and that the defendant was juAifieel in putting the law in motion, in eirder to further the administration of justice ; that after this case had been taken frfore the magis trate, who ordered the remand, the liability of the defend ant ceased ; that fur the week's imprisonment he could not, under the circumstances, be liable,—and that he was nut actuated by malicious motives. The jury, after a long deliberation, returned a verdict for the plaintiff.—Damages 251. EXCHEQUER CHAMBER. ix notoa. —Before Chief Justice Wilde, Mr. Huron Parke, Mr. Damn Alderson, Mr. Justice Wide, Mr. Baron Platt, Mr. Baron Rolfe, and Mr. Justice V. M CAMPIIELL AND ANOTHER V. THE QUEEN.—VENIEL VACUA DP. Novo, AYrat REVERSAL. OP JUDOMF.NT IN QUARTER firsslONll.—This case came up on writ of error from the Queen's Bench. and involved a point of considerable importance in criminal law—the competency of the Court of Queen's Bench after setting aside the judgment of a Court of Quarter Sessions on a bad verdict, to grant a venire facia do novo. The facts of the case were these: The plaintiffs in error, Richard Campbell alias Fisher, and John Haynes, were tried before the recorder at the borough sessions for Chester, on the 14th of July, 1845, on a charge of larceny, The indictment contained two counts: the first of larceny, in stealing certain goods of the value of 5/., from a dwelling house; the second of' simple larceny. The record lone that the jury found the prisoners guilty of the " felony furesaid," and they were sentenced to ten years' transportation. The ease was then removed on writ ()terror tothe Queen's Bench, and after argument the court decided thetas the indictment charged the prisoners with two separate and distinct felonies the verdict was erroneous ; they therefore reversed the judg ment, and at the same time granted a venire facies de novo. —Mr. Peacock, in support of the error, contended that the counts of the indictment charged two separate felonies, the one involving a term of transportation of nut less than ten and not ex«eding fifteen years, the other of seven years only. The judgment of the Queen's Bench was therefore right, In so far as it reversed the judgment of the sessions; but the issue of the venire do novo was altogether erroneous. lle argued that no case could be found where a venire de novo had been granted in a charge of felony, when the prisoner had been tried by a jury competent to try him, urging that it could only be granted where the prisoner had not been put in jeopardy, as in the cases of Arundel ( Cook, 14), the recent decision of the House of Lords in • Gray v. the Queen, Fowler v. the King (4 Barn. and Alderson, 273), &c. As the prisoner., in this case bad undergone a trial before a competent jury, even though the yenlict was bad—thus jeopardising them—he submitted that, quoad, the point adverted to in the judgment of the Queen's Bench ought to be reversed. As several of the judges were obliged to go to chambers at the conclusion of the learned counsel's argument, and as the ease was deemed too important to be proceeded with except in full court, the further hearing was adjourned till the 9th of January. ltemsxrr..—ln addition to the above case, the follow ing on the list of errors from the Queen's Bench stand over foe argument next term :—St. Katharine's Dock Company v. Higgs ; Gregory r. the Queen De Medina v. Grove • the Mayor and Aldermen of Sa ndwich v. the Queen; Lindsay v. Leigh ; Bullivant r. Gillett. The court will, how ever, have an interim sitting to give judgments. COURT OF EXCHEQUER. Nisi Farm—Baum Sir F. Pollock, C. 8., and • special jury. BEILEY O. 811EPHERD.—THE MASTER OF A VESSEL EX EMPTED FROM PENALTIES TOR ACTING AS PILOT OF NIS OWN VESSEL—Mr. Martin, Q.C., with Mr. Cowling, ap peared for the plaintiff; Mr. Knowles, Q.C., and Mr. Willis represented the defendant. The action was brought by the Warden of the Trinity Board, at Hull, to recover a penalty of 201. from the defendant, as master of a ship called the Nysus which was bound from Ostend to Gainsboro'. It appeared that a licensed pilot, named Bailey, came on board the vessel and sought to be employed in guiding her to Gainsboro', but the defendant ref us - d to have his assistance, and took charge of her himself. A separate cause of legal proceeding was instituted by the pilot against the defendant for having dispensed with his assistance as a regularly licensed pilot, but the latter action was settled by the defendant pay ing the pilot's fees. The proceedings in both cases were under the Pilot Act (6 Geo. 4, c. 126). The Lord Chief Baron thought the penalties were not cumulative, and he was of opinion that the pe nalty given by the section, upon which the pre sent action was brought, was not against the masters of vessels, but against foreign pilots, who superseded the pilots regularly appointed by the board of Trinity House. The verdict ought, therefore, be for the defendant, with liberty to move to enter it for the plaintiff, if the court above should be of opinion the facts sustained it.—The verdict was entered accordingly. PALACE COURT. Moolen v. STEVENS.—A CURIOre BILL TRANSACTION:- The plaintiff is a picture-dealer and print-seller of St. Mar tin'elane, and the defendant is a publican. The plaintiff employed, in the year 1838, an artist named Swandale. with whom he had many money and bill transactions. The defendant drew the bill, now is dispute, for 12/., upon Swandale, and indorsed it to the plaintiff, giving, in Decem ber, 1839, a guarantee that if Swandale did not pay the bill within two years it should be paid by him (the defendant). Swandale failed to discharge the bill, and the defendant was now stud as :he endorsee. For the defence it was by Mr. Locke that the endorsement to the bill being dated January, 1839, the debt was barred by the Statute of Limita tions. But it was ruled that the promise to pay in two years took the case cot of the statute. It was then shown that for a long time wince 1839, the plaintiff had employed Swandale, and had paid him several hundreds of pounds, out of which he ought to have deducted the amount of the bill. In fact the plaintiff had never endeavoured to obtain the money from Swandale. The Court was clearly of opinion that the plaintiff ought to have made Swandale the detendant -Vei diet for defendant. ELLIS V. SEILLICON.—BUTINO A CHANCE IN A RAFFLE. —ln July last, a grey mare was raffled for at the Queen's had Tavern, St. Martin's-le-Grand, and the plaintiff and the defendant were members. A person named Scrivener threw 43, and the Oefendant off: rid to buy that chalk* for 121., which offer was accepted, and the plaintiff lent the money to pay fvrlt. Subsequently, the plaintiff himself threw 43, and no higher number being thrown, the plaintiff and the defendant became the joint winners of the animal. The defendant's ease was, that the plaintiff aftreed to pay the 12/. and keep the horse, but the plaintiff insisted on hemg refunded the 121., and that the horse should then be sold and the proceeds divided. The defendant declined these conditions, and the action was brought to recover. The animal is still in the possession of the plaintiff. These facts being proved, the jury gave a verdict for the plaintiff. •••.. .