The Express. — London, England, 1847-11-08 00:00:00

►~ r Itcfore the or England. golfrbt Bruce. rapt's petition without hie attendance in court. He had been cow micted to the gaol of Huddersfield, three years ago, for nunitisfaitery answers before the country commisaioner, and he lay in prison since, th, re bring no funds to enable him to be brought up to London. There was an act paned three years ago authorising the Lord Chancellor to order the country commissioners and their registrars to hold sittings in bankruptcy in different towns within their respective dis tricts.—The Lord Chancellor That act was paned for another purpose ; fur the convenience of the creditors, and not of bankrupts. His lordship afterwards said, considering the circumstances, he would hear the petition neat Friday morning. SHOILE O. SHORR.—RILEANE or OBLIGOR IN A BOND BT OIILIGER AICAPTINO Tat BOND OP ANOTHER.—This was an appeal from an order of the Vice-Chancellor of Eng land. The forts were few. A Mr. Smith, having lent 2,0001. to Mr. Sidney Shore, took the joint and several bond of him and his father, Samuel Shore, for repayment of the money. The iiiterest on the bond was for some time duly paid at a bank in Sheffield, in which Mr. Oftley Shore was a partner. On the death of Sidney Shore, Smith took Offiey Shore's bend for the debt, "in lieu of the former joint bond." Samuel Shore died, and an administration suit was instituted in this court by his grandson. The Sheffield bank, in which Offiey Shore was a partner, baring become bankrupt. Mr. Smith CAMS before the Master. to whom it was referred, to take the accounts in the administration suit, and tendered proof of the debt against the estate of Samuel Shore. The Master refused to admit the proof, on the ground that Smith had, by taking the new hond, released the estate of the obligors in the first bond. The Vice-Chan cellor eonfirmed the Master's decision.—The Lord Chancel. for rose, after hearing the point argued, agreed with the Master and the Vice. Chancellor, and dismissed the appeal. Before the Master of the It lie. The faster of the Rolls heard consent petitions and short causes ; but no question of any interest arose. CR AWFORD V. THE CURATE' AND HOLYHEAD RAIL WAY COHPANE—INJUNCTION TO ERSTRAIPI THE COM• RANA' 11t0H TAILING LAND DISSOLVED.—This was a motion to dissolve an injunction granted by the court to restrain the defendants, the Chester and Holyhead Railway Company, from taking or entering upon such Jain/ of certain lands belonging to the plaintiff as were not within the limits of deviation marked on the plans, except for the especial pur pose for which the defendants, by the Lands' Clauses Corm lidati• n Act, were authorised to enter upon the said lands ; without the consent of the plaintiffs, or until the full value thereof should have been ascertained. When the injunction was obtained it was stated that the plaintiff had objected to the company taking more than a portion of bis land ; that, consequently, the railway company, having entered into the usual bond as security for the.whole of the purchass-money, took possession of the plaintiff's house, and actually removed the furniture, and compelled the plaintiff and his family to turn out when he was wholly unprepared. The lands in question were situated at Flemondeatal, in the neighbour hood of Chester, and contained about two acres. Mr. Stuart, Mr. J. Parker, and Mr. Speed, in support of the motion to dissolve the injunction, contended that the company had fall right to take the plaintiff's land. An act of parliament was passed in the 10th and 11th years of the present reign, which was entitled—" An act to authorise an extension of and the construction of a station in connexion with the Chester and Holyhead Railway," and by the 4th section it was enacted that, subject to the powers of deviation contained in the Railway Causes Cousolidation Act, it should be lawful for this company to make and maintain the said extension, and the said station and the works connected therewith, in the lines and upon the lands delineated upon the plans of the railway." It had been said that because the ward' " subject to the powers of deviation in the Ra 'way Clauses Consolidation Ad" were used, that the ttom piny had no Dower to take lands for the erection of a station beyond the limits of their line of deviation ; but it was clear that the Extension Act had two objects—one for extending the line, and the other for making a station; and there could be nn doubt that the e snap Inv ha 1 power to take the whole of the plantiffs land fur the station, which was one great object of the act. Mr. Thithell and Mr. C. Hall, in support of the injunction, contended that the words of the Extension Act were re strictive, and could not be held to apply to any land which the company were not authorised by the LandeClanses Con solidation Act to take, and that they could not go beyond their line of deviation so delineated on their plans. The Vice Chancellor said the real question was, whether, attending to the language of the special act, and the papers repr eentiag the plans, the company had a right to take the whole of the pleintirs land without regard to the limits of the line of deviation. It was expressly stated i■ this act that the object of the company was to make a new station, and, though he thought the legislature might have used words which would have more fully described the powers eonferred upon the company, still he considered that the language was sufficiently explicit to show that the intention of the legislature was that they might take the whole of the plaintiff's land for the purpose of their station. The injunc tion must, therefore, he dissolved, and, as it was obtained upon a misapprehension, the plaintiff must pay the costs. Toe GRE AT WESTERN RAILWAY V. THE BIRMINGHAM AND OXFORD JtiNCTION RAILWAY.—This case, the parti calory of which have been very fully before the public in the ease of " Mozley v. Alston," now comes on upon demurrer to a bill by the Great Western Railway for specific perform ance of an agreement entered into by the Great Western with the Birmingham and Oefold Company for the purchase of their line, together with that of the Birmingham. Wolver hampton, and Dudley Railway. Sir Fitzroy Kelly ap peare d on behalf of the demurring defendants, but had not concluded hie address at the rising of the court. BARKER V. NORTH STAFFORDSHIRE RAILWAY COM PANT -IRTUNCTION.-Mr. Daniell moved, ex parte, for a special injunction to restrain the defendant' from entering upon a piece of land at Sandbach, in Cheshire. being No. 166 on the railway plans, and for leave to give notice of motion for an injunction as to other piece, of land and salt-works belonging to the plaintiffs. He said the company had been in treaty with the plaintiffs for the purchese of the lands, but the negociatinns had been interrupted, in consequence of the company applying for an amended act. On the 4th of October last the plaintiffs were informed that the company bad entered upon a portion of the land, and, supposing that this might have happened through the inadvertence of the contractor, the plaintiffs applied to the company's solicitor, who said it was not intended to take possession without the plaintiff.' consent. On the 30th of October. however, the plaintiff. were d with a bond, under the seal of the company, preparatory to the company taking possession, by virtue of the 86th cause of the Lands Clauses Act. This bond WAS insufficient, and not conformable to the notice.— The Vice-Chancellor granted an interim order till Friday as to the piece of land in question, with leave to give notice of motion for Thursday. SIMMONS O. SIMMONS.—WHITHER CHATTELS BELONG -1110 TO THE WIER WHICH ARE ontrren IN TER MAR RIACE SETTLEMENT UPON THE FAITH OP A PROMISE BY THE HUSBAND TWAT THEY SHALL BR ENJOYED IN THE SAME MANNER AS IP INCLUDED THEREIN CAN AFTER WARDS RE AAAA 7f HT THE HUSBAND JURE MARITL— Quimte.—Upon the marriage of the plaintiff and his wife certain premises, the property of the latter, including amongst other things the house No. 3, Wilton-street, Gros venor-square, were assigned, together with " the fixtures and fittings up," to trustees upon trust for the wife for life for her separate UM' with divers remainders over. The marriage was solemni sed in 1842, shortly after the date of the settlement, but differences having arisen between the parties a separation soon afterwards ensued. Prior to the marriage the house in Wilton-street, with the furniture and fixtures therein, had been let, by parol demise, with the concurrence of the plaintiff, to a Mr. Grieve, who had ever since occupied it as tenant from year to year at an entire rent of 3001. a year. The defendant, the wife, had been permitted since the marriage to receive the whole rent, she accounting to Mr. Rogers, one of the trustees, f0r.40/., part thereof, in respect of part of the furniture in the house of which he was the owner. The bill, which was filed against the wife, the trustees of the settlement, and the parties in. terested in the rejoinder, after setting forth the above facts, went on to state that the furniture and tenant's fixtures in the house (other than the portion belonging to Rogers), and which prior to the marrisge had belonged to Mrs. Simmons, were not comprised in the marriage settlement, and that, therefore, they became upon the solemnisation of the marriage the property of the plaintiff, jure mariti. The bill then stated that by reason of the demise to Grieve being made at an entire rent with the concurrence of the plaintiff, he (the plaintiff) had no remedy at law in respect of the fur niture or of the portion of the rent due to him in respect thereof, and that the wife and trustees had frequently threatened to determine the tenancy of Grieve, and then sell the furniture in question, and it prayed that it might be de clared that the said fixtures and furniture were not comprised in the marriage settlement, and that the plaintiff was in right of his wi‘e entitled to the same, sebiect to the demise thereof to Grieve; that the plaintiff might be declared enti tled to a proportional part of the rent in respect of such fixtures and furniture from the time of the marriage as well as for the future. The hill also prayed for an injunction to restrain the wife and the trustees of the settlement from parting with the said chattels, and, if necessary, for a re ceiver. The defendant, Mrs. Simmons, by her answer, stated that upon the treaty for the marriage it had been intended, both by herself and the plaintiff, that the whole of her pro perty, including the articles in question, should be included in the settlement, but that on the draft of the settlement being produced to the plaintiff, he objected to the in sertion of the schedules of the furniture and fix tures on the ground of expense, and remarked that they bad better be omitted, promising that in case they were so he would never interfere, and that everythin g should remain in the same state as if the articles had been included. The answer then stated that, upon the faith of that assurance, she (the defendant) consented to the omission from the set tlement of the furniture, except such part as consisted of futures and fittings up. Messrs. Romilly and Montague for the plaintiff contended that the evidence did not prove an intention to settle the articles in question, and that their omission in the settle ment was a strong ground fora contrary presumption. The defence at most amounted to a parol promise on the part of the husband, and was insufficient to take the case out of the statute of frauds within which it clearly fell. Nu fraud was set up. As the house and furniture were let at an entire rent, it would be difficult for the plaintiff in respect of his portion of the furniture to recover possession at law ; nor, as be had concurred in the letting, could he bring his action of tracer. The only remedy, therefore, was by hill in equity. —Mr. Role, Q.C., for the defendant, Mrs. Simmons, sub mitted that the tenant's Sutures as well as the furniture passed order the words " fixtures and fittings up ; " and, secondly, that as their omission in the set tlement had bun agreed to by the defendant upon the faith of the plaintiff's promise, the latter would not now be allowed to set up the statute. To allow him to dodo would enable him to use the statute for the purpose of pretesting a fraud. The case was analogous to those of specific performance of contracts relating to land with parol variations; tr to those in which a party in confidence of a parol promise by another omits to make certain provisions, gifts, or arrangement for ' other persons, by will or otherwise ; and in which such pro miss will be specifically enforced in equity against the pro misee, although founded on a parol declaration, creating a trust contrary to the statute of frauds.—Mr. Melina, Mr. Barber, and Mr. Bent, appeared for ether parties.—Mr. Hominy in reply.—His Honour slid it appeared clear that the articles in question were not comprised in the settlement, and that at law they belonged to the husband jure mariti. The defendants had urged circumstances upon which they claimed an equity. Those circumstances, however, fell short of fraud, which indeed formed no part of the defend ants' case. All that had been proved was a promise on the pert of the husband, and a reliance upon his honour by the wife. That was not sufficient to take the case out of the statute of frauds, the parties having by agreement omitted the articles from the settlement. It had been said that the husband being plaintiff, be would be compelled to do equity before the court would grant relief. The court, however, had always disclaimed the right arbitrarily to compel a person merely because he was plaintiff, to give property to another, when, by a suit at the instance of the latter, he could not be compelled to do so. With respect to the past rents, the plaintiff had clearly no equity. The only equity (if any) would relate to the future rents ; and before deciding that question he would read the pleadings and the evidence.— Judgment deferred. COURT OF QUEEN'S BENCH. _ Sittiny in Banco. _ THE QUEEN O. FONTAINEXORZAU.—IS THERE AUTHO RITY TO TAKE AFFIDAVITS IN PARIS IN AID OF INQUIRIES IN Tisza COURT ?-9ir F. Thesiger, Q.C., moved for leave to move in this case when the defendant should be brought up ter judgment, on affidavits to be sworn in the course of such • period now to commence as the court might fix. Affidavits had been sworn before a British consul in France by persons resident in Paris, and on those affidavits the application that would be made when the defendant should be brought up for judgment would be founded. It appeared, however, after consulting the books, that these affidavits had been sworn before a person who had no authority to take them. This court had not in Paris a commissioner for taking affidavits. There was no net of parliament which gave • power to ap : point persons for the purpose of taking affidavits abroad in , aid of the inquiries in the courts of this country.—Lord I Denman : It is a disgrace to two civilised countries that foci , lilies do not exist for such a purpose. You shall have any reasonable period that you may require. Application granted. MOORES. LAPRO.—ACTION FOR A SUNOEON'B NEGLI GENCIL—Mr. Knowles, Q.C., moved for a Moto show cause why the plaintiff's verdict should not be set aside and a non suit entered. The action was brought to recover damages for the alleged injury to the plaintiff's health, occasioned by the defendant's improper treatment of the plaintiff when suffering under a dislocation of a joint. The declaration de scribed the plaintiff's malady by the words " wound, frac ture, bruise, complaint, and disorder ;" and it was sub mitted that under none of these words was the plaintiff at liberty to give evidence of a "dislocation."—The Chief Baron, however, was of a different opinion, and the evi dence having been received the plaintiff had • verdict. It was now urged that the ruling of the learned judge had been wrong.—Lord Denman said that it was unfortunate that the pleader had not received instructions that would have enabled him to insert the ap propriate word, but that, never theless, the court thought the ruling of the Chief Baron right —Application refused. r.VANS e. B!LL.—WOAT AMOUNTS TO • CONVERSION or Goons.—The defendant in this case was an attorney, and a client of his held a bill of exchange and a promissory note, on which the plaintiff in this axe was liable. Both these instruments were overdue, and the client required some security to be given for their repayment. The plain tiff gave this security by putting the defendant in possession of some furs, which were to be returned on the payment of the bill and note. Proceedings were taken on boon instru ments. These proceedings in both cases came to an end, and , the costs were taxed. This taxation occurred on the 12th of I April, and within the hour a clerk to Messrs. Mayhew the attorneys for the present plaintiff went to the defendant's office and tendered payment of the money. The clerk saw the defendant himself, and made the tender to him, and de manded the furs. The defendant answered that the busi ness had been under the direction of his managing clerk, who was not then in the o ffi ce, but who would call on Messrs. Mayhew and receive the money, and return the goods. The clerk of Messrs. Mayhew returned to his master's who treated this as a refusal to deliver the furs, and imme diately brought an action of trover to recover them. Within • very short period of time after his return the clerk of the defendant called at Messrs. lilayhew's, to receive the money and restore the furs, but the action had then been brought. The cause was tried before Lord Denman, who held that these cirrumstancea did not show a conversion, and that consequently no action was =untamable. The jury re turned a verdict for the defendant. Mr. Serjeant Shee now moved for a rule to show cause why this verdict should not be set aside and a new trial granted. He contended that there had been a misdirection on the part of the learned Lord Chief Justice, and that the refusal was complete, not withstanding any private motive which might influence the mind of the defendant in making it—The court expressed a clear opinion that where a party did not claim to detain the goods as of right, but before delivering them merely asked to obtain a knowledge of • fact which he had the right to know, and the knowledge of which could be speedily com municated, he was not guilty of a conversion, so an to subject himself to an action of trover.—Rule refused. BAIL COURT. Bdore Mr. Justice Pa Meson. Lea r. HUDDERSFIELD AND MANCHESTER RAILWAY COMPANY.—RAIL IN ERROIL—MS. Cleuby moved for a rule, calling on the plaintiff in this action to show cause why execution should not be stayed, and why the attendance of bail in error should not be dispensed with. The action was brought to recover 5,0001 , the amount claimed by the plain tiff for compensation for land taken by the company for the purposes of the line. By the Bth Vic. c. 18, it is provided that where compensation for land is claimed by any person, unless the company summon a jury to assess the amount within a reasonable time, the claimant is entitled to recover the sum which he has himself fixed. In this instance the company had neglected to summon a jury, and the plaintiff had obtained a verdict for 5,0001., the amount he claimed. A writ of error had been obtained, u several important questions of law arose at the trial, and a bill of excep tions had been tendered to the ruling of the learned judge. One of the bail in error WAS absent from London, and in consequence of his absence ►sum of upwards of 5,0001., which had be , ll paid into the Court of Chancery to the credit of the plaintiff, could not be obtained.—Rule granted. TILE EXPRESS, MONDAY EVENING, NOVEMBER 8, 1847. NIA Prigs. NEALE T. MOLTNEVX AND ANOTHER.—ACTION TO RE COVER A POLICY OF INSURANCE IN THE HANDS OF THIRD PARTIES ST THEENECUTOIL OF A PENNON 10 WHOM IT HAD SEEN ASSIGNED.—Tbis was en action brought by the exe cutor of a Mr. W. Neale, to recover a policy of 1,0001. which had been effected in the Law Life Assurance on the life of the Rev. Thomas Scott from the defendants, who are bankers at Lewes, and in whose possession it now is. It appeared that in the year 1832 the policy in question was assigned by Mr. Scott to Mr. W. Neale, to whom he was indebted in the sum of 9501.; but he never gave to Mr. Neale the instrument itself but the assignment only, and the plaintiff, the executor of Mr. Neale, having ascertained that the defendants had the policy in their hands, brought the present action for its recovery. Among other pleas was one which alleged that Mr. W. Neale, in his lifetime, had fraudulently allowed Mr. Scott to retain the possession of the policy, and represent himself as the lawful possessor of it, and to obtain mosey upon it. For the defendants it was contended that they had advanced 2001. in 1846 to Mr. Scott upon the security of this policy, and that they were entirely ignorant of the fact of its having been assigned to Mr. Neale. ' It was also urged, that as Mr. Neale, in his lifetime, had I suffered Mr. Scott to retain possession of the policy, he must pay the penalty of his own neglect, and was sot entitled to recover it, unless be repaid the defendants the sum they had bonfa fide advanced to Mr. Scott.—The learned judge paid that it was clear a fraud had been committed by Scott, by which one or the other of the contending parties would suffer. There was no proof of the plea which alleged that Neale was privy to the representations of Scott as to his possession of the policy, and was a party to that fraud.—Ver dict for the plaintiff. NICOLL V. BARCLAY.•—PLEA OF INFANCY.—WHAT ARE NECEESARIES.—In this case the action was brought by a tailor, in Regent-street, to recover 1481. for an outfit supplied to the defendant on his appointment to an ensigncy in the 89th Regiment, stationed in India, to which the defendant pleaded his infancy at the time the articles were supplied,while the plaintiff by his replication alleged that they were such necessaries as his porition in life required. Proof having been given of the ordering and supply of the articles, and these being such as a person in the defendant's station and going to India required, it was shown by cross-examination for the defendant that • number of the articles, such as gloves, were excessive in quantity and unnecessary, parti cularly SA the defendant did not appear to have anything beyond his pay as an ensign, of Is. 3d. a day, although he made a very showy appearance, driving about town ha dif ferent kinds of vehicles generally used by men of fortune and fashion. It was also urged that the plaintiff bad not taken sufficient care to inquire into the defendant's means before supplying him with what was clearly an extravagant outfit. He w► willing _to pay for what was really ne cewiary, and, no more.—Verdict for the plaintiff—Damages 1431. fla. 6d. COURT OF EXCHEQUER. Bitting. in Waco. GOUDY V. BUNCOMBE, M.P.—ME/01E11S OF PARLIA MENT PRIVILEGED FROM ARREST FOR DENT.—MF. Willes moved, on behalf of the plaintiff, for a rule calling upon the defendant to show cause why the order made by Mr. Justice Williams, during the vacation, for discharging the defendant out of the custody of the eieriff of Yorkshire should not be rescinded. The defendant, who was arrested under a ca. as., during the vacation, ob tained the order in question upon the ground that, at the time of the arrest, he was entitled to privilege, sea member of parliament. The subject was discussed before the learned judge, who ultimately made the order upon that ground, and the defendant was discharged. Mr. Baron Alderson.. How is it that such an application as this should be put into the list of motions for new trials ? Mr. Willa: I believe it is the usual course to do so. A motion to rescind a judge's order is in the nature of a new trial, and should be made within the first four days of the term. f know that such is the practice in the other courts. Mr. Baron Alderson : But I cannot understand what pos sible use this rule can be to the plaintiff; suppose it was granted, the parliament will be actually sitting before you could have it made absolute. . . . . .16. — Willaa: Ii might happen that the &landaus would net be • member when the rule was made absolute. lan very easily imagine the inconvenience which might possibly arise to your lordships, as well as to myself, from taking any part in making such a rule as this absolute, especially when I consider the peculiar nature and character of the machinery —(laughter)—which Miss Goudy, the plaintiff, might be compelled to employ before she could recover her money. But I feel I have a duty to discharge. lam called upon to make the motion, and, en doing so, I do not, I aaaure your lordships, mean to reflect on or speak with the slightest de gree of disrespect of the defendant, or the privileges of the high court of which be is a member. In the argument ' which it may be my duty to address to your lordships, I shall, of course, offer the beat reasons' I can to show that this rule should be rescinded, and I shall do so just as if I was dealing with the ease of X, Y, or Z. Mr. Baron Alderson : I must say that the defendant's pri vilege upon the 18th inst. is perfectly clear. The only ques tion that could arise was as to the 40 days." The Lord Chief Baron : Even if you could take X upon this rule to-morrow, X would undoubtedly be entitled to his I discharge on the meeting of parliament, which will be on the 18th inst., so that the motion was a perfectly idle one. You are asking us to grant a rule which must be perfectly useless before it could be made absolute. However, as a mode of saving time, I may say, take a rule to show cause. Mr. Wines : Then I am to take the rule. Mr, Baron Parke : But it must not be supposed that be. cause we grant it the court entertains the sli,htest doubt about the question of privilege. Mr. Baron Alderson: What is the use of granting such a role ? It is perfectly clear this is a mere motion made for the pleasure of discussing a question of law. I must say, it is extremely objectionable that such a motion should be placed on the list of motions for new trials, to delay the substantial business of the court Mr. Willes expressed hie readiness to defer the motion, or pursue any course the learned barons might think proper to "W lC t i.ord Chief Baron : We ere all of opinion that this is a perfectly torten motion, and that it is made fur the pur pose of affording the learned counsel the pleasure of arguing a point of law. (Laughter.) Mr. Willes • I have already had all the pleasure such an argument could bestow. (Laughter.) lam quite willing to defer the motion if your lordships wish. The Lord Chief Baron (jocularly): I think we should accept that offer. (Laughter.) Parliament will meet on the 18th, perhaps you would renew your motion on that day. ( Increased laughter.) Mr. Baron Alderson es, on the 19th. We will give you leave to move it on the 19th, the day after the meeting of parliament. (Laughter.) The fact is, it must end in nothing. Mr. Willes: Very well, then, I will withdraw my motion now; hut I shall certainly renew it at the earliest possible opportunity.—The motion was withdrawn accordingly. OLEY V. GentiElf.—MAltlNE ABSCRANCE.—MV. Knowles, Q.C., moved for a rule, calling on the defendant to show cause why the nonsuit in this case should not be set aside and a new trial had on the ground of surprise. The action, which was tried before the Lord Chief Baron at the last assizes of Newcastle, was brought on a policy of assurance of a vessel called the Dapper, for a voyage from Blyth, in Nor ' themberland, to Malden. The principal question raised was, whether the plaintiff, in eff.cting the insurance, had not intentionally . concealed information material to the estima- I tion of the reek. The vessel left lllyth with a cargo of coalson the 22nd of February, and on the '23rd she put in, from stress of weather, to Shields, where the plaintiff resided, and near which the master also lived, at a place called Sanclhill. Whilstshe lay at Shields and was undergoing repairs the policy was effected. On the 25th she sailed again, and on that night she sprung a leak and went to the bottom. At the trial it was sworn that the plaintiff had gone en board the vessel at Shields, and was fully aware she was not then seaworthy, and that she had been driven in there from having suffered materially from severity of the we Sher. These facts he had, it appeared, kept back from the under writers, although within his knowledge at the time he effected the policy. The grounds of surprise were detailed in an affidavit made by a servant in the plaintiff's employ ment. It stated that an apprentice, named Scott, who swore at the trial that he had seen the plaintiff on board the Dapper whilst she was at Shields, and that he was fully aware of her being then unseaworthy, had told the deponent that he had been bribed by two persons connected with the insurance company to depose to those statements against the plaintiff and that they were untrue.—The Court, having ascertained that no affidavit had been made by the plaintiff himself, denying that he had been on board the vessel while she lay at Shields, or that he was aware of her condition then, intimated that if there was any truth in the affidavit which stated that the apprentice had been paid to give false evidence, the plaintiff might bring a fresh action. If the plaintiff had not been on board he had abundance of time since last July to deny the fact.—Rule refused. PREROGATIVE COURT. _ Before Sir H. J. Fust. NORRIS AND JOSITI.4OS o. P011 . .D.L:41116T1 AND OTHERS CITED TO SRN PROCEEDINGS.—On the requisite steps bring taken for proving in form of law the will of the late Mr. Thomas Morris the point was raised whether or not the next of kin, who had compelled the executor.; to prove the will in solemn form, were entitled to their costa.—The learned Judge, after counsel had been heard, stated that t e deceased having died within two hours after the execution of the will, not having made one previously, he considered the nest of kin entitled to their costs, and pronounced ac cordingly. TATSTER o. NOLTAAPFEL.—This wu an amicable suit respecting the validity of the will of the late Mr. Charles Holtzapfel, of Charing-cross. —The learned Judge pronou need for the will, and decreed the costs of all parties to be paid out of the estate. COURT OF BANKRUPTCY. Bofors Mr. Commissioner Goa lbarn. IN RE 110LMTA1117K08PEN8I0N OF A CERTIFICATE FOR Two TE•ns.—The bankrupt in this case was a furni ture broker and cabinet maker, &c., and now applied for his certificate. The bankrupt commenced business in the year 1844, and took out the fiat in January, 1847. His capital was only 501., consisting of 20!. in cash, and 301. in furni ture, and he had te account for • sum of about 720!., re ceived from different creditors. The profits were put own at fifteen per cent. by " estimate," and the amount of sales were also act down by " estimate," and the property now remaining on the premises was stated to be of the value of 61. 55., goed debts 91. 15a.; losses by bad debts 111. Ba. 3d., and damage done by • "bail storm" 10/.; trade expenses, 1151. Bs.; law expenses, 1101. 16s. 44.: housekeeping, 1001. odd; besides other smaller items, making 42!. 14s. 2d. There were no regular books kept, but a few small accounts, between the creditors of whom be made purchases, and the mea whom he em ployed in his business. The credit side was fairly vouched, and thus, it appears, he went on trading, obtaining all he could, and when he comes before the court it is found that he has only enough to pay the one quarter of the fees.— The bankrupt admitted thelreceipt of 3401. from a Mr. Green between June, 1846, and Feb., 1847, in instalments of 50!. each ; from a Mr. Sherrard, of Wimpole-street, 401. in the course of the last spring ; 461. for work clone at Camden villa' • and several small sums of 101., 51., and 31.—8 y Mr. Sargood : Mr. Poole (one of the assignees) opposes me to day for a debt of 13/. My law expenses were upwards of 100!. I paid large interest on over-due bills, and was sued by eight or ten lawyers all about the same period.—Mr. Scott then briefly addressed the court, opposing the grant'of the certificate altogether, as the bankrupt had kept no books, nor had he offered any satisfactory explanation of what he had done with his large receipt.—Mr. Sargood, for the bankrupt, said he would not justify the non-keeping of cast-books, although in this case no prejudice had arisen to the interest of the creditors from his not having kept them, as the small books which had been produced fully showed the amount of his purchases and the result of his sales. His expenses were small, and his profits were smaller. Mr. Commissioner Gotilbarn: This case is like too many othen coming before this court, where parties seek for its pni teetion when they have not left a single shilling for their creditors. The principal question here is, has the conduct of the bankrupt as "trader" been of s u ch a character as to justify me in letting him again go before the world as a per son who has dealt fairly and properly by his creditors ? I think not; and I think further, that the assignee has only done his duty in making the exposure in this case, which enabled the court to deal with bankrupts like the present. Books, he keeps none ; at least ;not such as a trader should have kept, but merely a few "pass " books, and then, again, these very books—if books th ey can be called —are only " lateral ' and "one-sided." It appears that the bankrupt went on trading as long as he could obtain credit, and that foiling him, he comes empty-handed to this court, for the protection of his person and future ac quired property. His sales are " estimated," his profits are " estimated; and he only meets the account of his trading receipts (7401.):by telling us of his expenses (law, trading, &c.) and by payment of large inter, at upon returned bills. Under these circumstances the certificate must be suspended for two years. Ix RR JOHN MATTHEWMAN.--THE COLLIERY TRADE. —This insolvent, who was the proprietor of the Oaken and Churchway Colliery, in the forest of Dean, now applied for a goal order. He owes 10,5781. 7a. 10d., and amongst the debtors to the estate, amounting to 6,6101, John Brown. Beq., personal representative of the late Viscount Mon tague, appears for 4,3101. ; executors of the late Earl of Strathmore, 1,8001. ; sad Sir Wm. Amring Hargate, Bart, 500/. The colliery was valued at about 40,0001.—Mr. Cooke, for the creditors, prayed that the case should be ad journed for six months In order to see what would be real ised from the mine, which was of great value.—Mr. Duncan would make no objection, but had to apply that the insol vent should have the management of the mine or colliery, he being a scientific man, but without his aid there was no doubt that it would not realise what it ought. By that means he would pay 20s. in the pound, and leave a large surplus for himsalf.—Aftor some discussion the case was ad journed for four aostaa—iaquiry to he mode in the mean time. POLICE: SATURDAY. MANSION-HOUSE.—FORGEBY or ♦ DIVIDENT) 'WAR. RANT.—G. PAipps wu re.examined charged with forging a dividend warrant on the Bank of England. The former evi dence having been read over, the prisoner wu committed for trial. WORSHIP.STREET.—PAsetwo A tannin CHEQUE. —C. Nicholson, a genteel•looking young man, was charged with attempting to pass a stolen cheque. On the 21st of August last, a Mr. Hazeltine, engineer, Stratford, Essex, drew a cheque for 71. to. oa Messrs. Martin, Stone, and Co., Lombard street, in favour of a Mr. Welt West passed the cheque to a third party, who trauferred it to a publican named Crittenden. Crittenden's house was broken open the same night, and amongst other things the cheque in question was abstracted. Payment was stopped at the bank, and the cheque wu presented on the afternoon of Friday, the sth inst., when the prisoner who presented it was given into custody. Ha was remanded till Thursday neat. CLEHICENWELL.—A DANGEROUS WIFE.— E. For rester was charged with threatening to murder her husband and children.—The complainant stated that his business as a hawker occasionally kept him from home several days, and in his absence his children were deprived, not only of food, but of their clothes; the latter articles being invariably pawned or sold by her to obtain drink. On the previous evening hie landlord put him on his guard, telling him that his wife wu threatening to " finish" him that night. He entered his abode between 12 and 1 o'clock at night, and was instantly attacked by the defendant, who, after uttering some infamous language, drew from her pocket a sharp pointed knife, and plunged it at him. He stepped asise, thereby avoiding her aim, and seized her arms from behind. A fortnight before, she said she would put three inches of steel into him. She once set fire to his bed while he was asleep, and he was then saved by his child, who saw her do it; and very recently one of his children warned him not to go to sleep, as his wife had a knife in bed with her.—Mr. Tyrwhitt held her to bail for three months. Ma. LIORRY, visa BARRDITHR, came before Mr. Tyrwhitt in reference to a charge preferred against H. M. Flannigan for having, as was alleged, obtained 10s. 6d. from a Mrs. Denny to fee counsel to advocate her son.—The substance of Mr. Horry's address was, that he WAS in attendance in another court, and on his arrival at the Sessions-house, Clerkenwell-green, it was intimated to him that the woman Denny's son required counsel, but beyond that be had re ceived no fee and no instruction, and, consequently, was nut in a position to defend the prisoner. His name was mixed up in the examination of Flannigan, and he was therefore anxious to give this explanation to the magistrate.—Mr. Tyrwhitt said there was no imputation cast on the learned gentleman. The charge in question he heard, and found that he could not interfere, therefore be recommended Mrs. Denny to apply for a remedy to the County Court. WESTMINSTER.—THE MURDER AND ROBBERY OF MR. IS IBLLCUAMBIIIO.—G. M'ltiOy and T. Doyle were re-ex amined charged with being concerned in the robbery and murder of Mr. Bellehamhers, on the I lth of October.—Mr. Burrell said I understand this case is in the same state as it was on the former examination. There are reasons still why a further remand should take place without going into the case. I conceive lam fully justified in that course. I have evidence already taken sufficient for strong suspicion on the prisoners. I have it also upon oath that there will be further evidence given which will render it necessary to commit the prisoners eventually for trial, and there are im portant reasons why that evidence should not be given at present. The next sessions of the Central Criminal Court do not commence until the 22nd inst., and, therefore, if the prisoners are to be committed for trial, it becomes merely a question now as to which prison they are to be committed to. I therefore remand tae prisoners till Thursday next. — Mr. Sinus (for Doyle) :said It is my anxious wish that everything should be done to further the ends of justice, and, confiding in the innocence of Doyle, I make no objection to the remand. SOUTH W A RK.—CHARGE OF FR VDCLENTLY OTITAIN ING Hors.—J. Chittenden, was finally examined. charged with obtaining seven pockets of hops, valued at 33/., from Mr. Robert Collins, hop-factor; and also with forging a delivery order for the same.—Mr. Collins said that he had known the prisoner some years as a commercial traveller, and on the ith October he came to him, and told him he had a customer for some hops. mentioning Messrs. Haynes and Co. as the purchasers. Witness, knowing them, gave him samples, and on the oth be returned, saying that those gentle men would purchase seven pockets at a certain price, to be paid in a month. The hops were lying at a wharf at Pad dington, and prosecutor gave him an order for seven pockets to be delivered to Messrs. Haynes and Co. Ile had since ascertained that the prisoner had no order, from those gen tlemen, and that be had forged their name at the back of the delivery order and obtained the hops, which he had else where disposed of.— hlr. Nash, the w har finger at Paddington, said that he delivered the hops to a carman filmed Bailey, at the order of Mr. Collins, backed by the signature of Messrs. Haynes, who said they never bad any transaction with the prisoner, except in purchasing one pocket of hops, which was paid for on delivery.—Mr. Bailey, carman, said that the prisoner hired him to remove seven pockets of haps from the wharf at Paddington. He received the order now produced from the prisoner. After he had received the hops one pocket was taken to Messrs. Haynes, two to Bovill's ware house, and the remainder to the warehouse belonging to the South-Eastern Railway Company.—The hops were all found at the places described, and identified by Mr. Collins and Mr. Nash, when the magistrate committed the prisoner for trial. _ . " Ositr A LARK."—W. IV Miami, a costermonger, was charged with cruelty to a cat, by tying fireworks on its tail and body, and throwing it into the shop of Mr. Peckstock, chemist, of Bond-street, Bermondsey. Mr. Peckstock said that on the previous evening he heard loud reports of fire works in his front shop, which was soon filled with smoke, and on going in he found a cat running about with fire works attached to all parts of its body. When the fireworks were extinguished the poor animal sass in a frightful state, the whole of the hair being burnt off the body. The danger was very great, as had he not been in the place the whole of his shop must have been consumed, from the combustible matter of which the drugs were composed. He heard the prisoner say " Give me the cat, and I will chuck it in," and in a minute afterwards the animal was thrown into the shop all on fire. Witness had been warned on the previous day that the prisoner and his associates intended to " throw the devil" into his shop. The prisoner owned being . on the spot and laughing, but denied having thrown the an imal in. Two lads said the prisoner did not throw the cat into the shop. A boy named Hopkins tied the crackers to the cat and lighted them at a greengrocer's close by, and the cat ran into the shop.—Prisoner: It was only done; for • lark, in commemoration of Guy Fawkes day.—Mr. Becker said it was a very dangerous lark, and one which would be visited by a heavy punishment on the offenders. lie should adjourn the case until Thursday. THAMES.—ROBBEXT ON A RAILWAY. J. Wiggins, a labourer, wee charged with stealing 7.51b5. of grease, the pro. perty of the Eastern Counties Railway Company. The previous morning the prisoner was met a short distance from the North Woolwich Railway by a man named Hillary, with whom he was acquainted, and he informed him that he bad been taking the fat from the carriages on the line, and con cealed it among the reeds in the Plaistow marshes. He pro posed to Hillary to divide the spoil, but he would have nothing to do with the transaction, and the prisoner then left him, went among the reeds, and deposited a quantity of fat in • bag. Soon after, Hillary met a police-constable, and communicated to him what he had heard and seen. The constable went in pursuit of the prisoner, and saw him with a bag on his shoulders. He followed him to Robin Hood lane, Poplar, and saw h:m enter the shop of • marine store dealer. The constable followed after him, and saw him about to place a bag containing fat in a scale. The policeman asked him where he obtained it, and, after many evasive answers, he said he picked it up among the reeds in the marshes.— Mr. Owen, a storekeeper, employed on the Eastern Coua tics Railway, said the fat had been removed from the boxes over the axles of 49 carriages and trucks on the North Wool wich line, on Friday night. The fat used for lubricating the axle-trees of trucks and carriages was precisely similar to that taken from the prisoner.—lt. Rogers stated that he greased 49 carriages and trucks on Friday night, and on the follow ing morning he discovered that the whole of it had been scraped out of the boxes. The removal of the fat when the axles became hot might have been productive of serious mis chief —The prisoner, in defence, said he found the whole of the fat among the reeds.—Mr. Ballantine committed him for trial. WOOLWICH.—Tree Murixit Act.—Considerable diffi culty has arisen in the administration of justice at the various police-courts, but mote particularly that of Wool wich, in consequence of the occurrence of a clause in the Mutiny Act which provides that no " soldier shall be taken away from his duty, by virtue of any warrant of any magis trate, for the non-support of his wife or children." In a large garrison town like Woolwich summonses are continu ally heard against soldiers for the non-support of their ille gitimate children, and in nearly every case, although an order is made, the men refuse to pay, under the knowledge that no subsequent steps can be taken against them. A case re cently occurred at this office, which shows how completely the magistrates are paralysed in their attempts to discharge their duty by the operation of this clause. A gunner of the Royal Artillery, named George Thompson, was summoned for the non-maintenance of his illegitimate child, and an order for the payment of 2s. 6d. a week was made by Mr. Traill. The soldier declared that he would not pay the amount, and defied the magistrate to compel hiss to pay, or to commit him to prison. Mr. Traill made a representation of the facts to his commanding officer, and on Thursday a serjeant waited upon the magistrate, to inform him that the commanding officir had sent for the man, and advised him to comply with the order, which, however, he refused to do. Mr. Trail expressed his opinion that it was unmanly on the part of a soldier to avail himself of a legal quibble to evade an obliga tion of this kind ; but if he did not comply with the order, he should represent the case t. the War-office authorities, with the view of requesting their interference to compel the men to comply with these orders. A very considerable ad dition is made to the poor rates of Woolwich, in consequence of the burdens thus entailed upon the parish. MONEY MARKET. SAT VEDAT EVENING. The funds may be said to have gone all one way to-day. From the opening of the market until the close the rise was gradual and almost unin terrupted. The first business in Consols was done at 834 money, and tki!, time. The highest prices realised during the day were 834 money, and 83., 1 time. The closing prices were 831 to money, and 831 to time. It was altogether, therefore, a fair weather day for the funds, and for parties acting upon opinions in favour of a rise in values. It would, however, be something singular if no reverses should arrive to disturb this smooth course of affairs. The transactions, although not so active or extensive as on some previous occasions in the week, were nevertheless sufficiently important The steady rise in prices was doubtless materially promoted by the known improvement in general money affairs, if not in some small degree in commercial also, and by the ascertained incorrectness of those reports respecting riotous disturbances in Liverpool and Man chester which were so freely circulated yesterday. Reduced Threes were 82 to Three-and-a-Quarter per Cents., 834 to Exchequer Bills, 16e. to 12s. premium. Bank Stock, 185 to 7. India Stock, 228 to 230. Long Annuities, 81 to India Bonds, 235. to 20s. discount. _ _ Some business was done in foreign stocks, bat it amounted to little more than isolated bargains in some of them. Mexican were done at 15i, and were called sellers at 16. The low position of this stock is attracting attention, and complaints aro making by the bend fide holders of the conduct of the agents act ing here for the contractors or coneoetore of the last equivocal loan conversion, in not distributing the funds in hand, or placing them in the Bank of Eng land. The subject, however, cannot be entered upon here conveniently, but on a future occasion will be referred to. Meantime it will behove the Spanish American committee to remember the mission with which they are invested, and the duties they have to discharge towards their constituency. Brazilian were called 76 to 8. Russian, 104 to G. Dutch Two-and-a-Half per Cents., 53 to 4 ; the Fours, 81} to 23. Belgian, 88 to 9. A bargain in French Five per Cent. Rentes was done at 115 f. 25c., at exchange 25f. 80c. Spanish Fives, 161 to ; the Threes, 273 to 8. Portuguese, 20 to 2. The commercial accounts from Manchester and the ' neighbourhood do not come favourable this morning. Failures were gaining among the smaller class of cotton spinners and manufacturers. The stoppage announced yesterday of the great spinning and manu facturing concern of Messrs. Moreland and Co., of Stockport and Manchester, can scarcely fail, even if they speedily resume, their assets being deemed more than ample, to occasion much loss and inconvenience to numerous parties, and still more to prejudice gene ral credit. Besides his large spinning and power loom mills at Stockport, Mr. Marslaad is understood to be the proprietor of the water works for supply. ing that town with water, in the construction of which a considerable capital was expended, and is said to have been rewarded with a handsome income. It must therefore constitnte a valuable item of property, although in these times not readily to be made avail able for raising funds upon. It will be seen, by our report of a meeting at the Royal Bank of Liverpool, on Saturday, that that bank is to resume. Of the preference shares, 500 were subscribed for within an hour. Our report of the currency meeting at Birmingham will also be read with interest From St. Petersburg, on the 22nd ult., it is stated that, with the authorisation of the emperor, the value of 8,678,369 silver roubles, as well in gold coin as in silver bars, was transported on the 19th into the reserve vaults of the fortress St. Peter and Paul, being the amount accumulated in the vaults of the despatch office of imperial credit notes. Tke funds (metallic) of the credit notes of the empire actually deposited in the castle vaults of St. Peter and Paul amounted, com prising the capital above-mentioned as carried there, to the value of 115,678,593 silver roubles, say in ster ling 18,074,8301. It was reported at Frankfort on the 2nd inst. that two commissioners had arrived there on a mission to negotiate a loan for three millions of francs with the house of Rothschild, in the name of the Swiss diet. Little credit was, however, attached to the rumour. The Rothschilds must have more than one solid reason for declining such a negotiation. The management of the forthcoming French loan for ten millions titer ling, supposing it adjudicated to the combined list of which they shall be the head, with the Austrian loan of last year still undispoaed of by the co-operating contracting capitalists, and not yet all paid up, must alone find them and others sufficient employment, both of funds and time, in the present difficult cir cumstances of money and commercial affairs, A ith the derangement of credit here, and more or less so every where else. The following statement, prepared and condensed from various official returns, will be found to present an intelligible view of the note circulation of the United Kingdom, and of the coin end bullion held by the banks indicated, both positively at the date of the accounts last made up, and comparatively with returns for corresponding periods. The aggregate average note circulation of the United Kingdom, according to the returns last col lectively completed for all the banks of issue, stood, for the four weeks ending the 9th of October, as follows : Bank of England C18,340,a32 l'rivate Banks 4,331,728 Joint Stock t re U.nks 1E333:613 Scotch Bake 1,939,976 Total circulation on weekly acersge Id. for the four 'reeks coda* Sept. 11 Increase Oct. 9 £9l 3• 313 The increase was thus composed. For the Bank of England 238,244/. For the private banks, 132,5201. For the joint stock banks, 13:3,013/. For the Irish banks, 307,303/. For the Scotch banks, 62,431. The fixed issues of the private banks being 4.909,4441., it follows they were below the amount 667,716/. The fixed issues of the joint stock banks being 3,418,2711., it follows they were below the amount 310,980!. The fixed issues of the Irish banks being 6,351,1941., it follows they were below the amount 998,8811., with specie in hand to cover issues for 1,517,7121. more. The fixed issues of the Scotch banks being 3,837,2091., it follows they were above the amount 472,7871., but with coin in hand to cover the excess, and 636,061/. beyond. The average of coin and bullion held by the Bank of England during the four weeks ending the 9th ult. was 8,639,3121.; decrease on the returns of Sept. 11, 404,014/. The average of specie held by the Irish banks during the same term was 1,317,712/.; decrease on the September return 14,5101. The average of specie held by the Scotch banks during the same term was 1,108,828!. ; increase on the September return 11,0421. The returns of the Abingdon Bank of Knapp and Co., and the lloniton Bank of Flood and Co., are omitted in the returns of circulation for the week ending October 9. The yearly comparison shows the following differ ences in the circulation : Bank of England, I. 191,912,063 Private banks, WY .... 333,137 Joint Stock, lola Irish banks, len Scotch tunls, Its TAM circulation on nverer. Oet. 9,1947 The coin and bullion yearly comparison stands thus: II ink of England, lcPc 67,3278 I Scotch and Iri,.h hanks 726,G;0 TRIM coin and bullion, Oct. 9,1647 From this exhibit it results that the note circula tion o' the United Kingdom bad suffered s diminu tion of nearly one-eighth on the 9th of October last, as compared with its amount on the 10th of October, 1846, and that the specie and bullion in the hands of the banks had diminished by nearly one-half. ENGLISH - FUND& - 'tank Stock, 185 7 IndLA 80nd..., under ri.nDO. 30 3 per et. Rod. Anne.. 8112! Comets for Acct., MP 3I tI t 3 .lf;3 " pte e z Ct. A Z1r . 0P:. 83 14.4 2 1 1 .3 31 31 I 97 1: lb 24 " 1, 13 Lung nor.. esp. Jan. 5, 1841U.8/ I Ditto /500, 1511 14 dl.. Wain Stotie, Ditto Small, 2 dlr. 3 pin. TORSION . FUNDS. . - • . • --• per Ct. DrusilLln Tl.nd;, 77 --- 3 per 5.... 6....8p0nhth Bonds, 26j 51or Ct. 31csktaa. IM6. ILI 4 Do.. Acct. Nos. 16 201 5 per D 5 Portugume Bowl.. 76 2.4 wr CO. Venesuels Bonds. 34j 4 per Ct. Portturucoc 11.5.. 204 5 pee Ct. Freud: Mentos, 115 f. 25c. 5 per Ct. Dual. Bonds, 1522, L St, Ex., 25(.80e. 10411 44 pee Ct. Belgian illuuk. Es. 231.. 5 per C't. Speal‘b Bonds, Sly. from 89 5 Nov., 1840, 15j 4 per Ct. Dutch CerUficateu 811 i 1 Do., 1.5.4ve Hoods, 31 - lii - 11 - ANGEP AND. ►ART N.y. S. STOCKS ABROAD. pm Arrooral. s . .p r iLawrat. 76 ~ 116 40 114 44 Ili 10 116 20 10 . 6 le o Exchange on London WA, 911 75. Mow. 114447. Il i k I t! ' :: 11712 ) .... . . . I :: .1 Ll.t. =h" - •••• • • • - Po. 3 . I Tress=an "ii Do. 24 .. ... ...... I „" 1 Dank A 4aT 146414 * Nor. s.—Act. Debt 24roils-Half per Cent., 63 money, 531 16114 , Ditto, Three pier Cnts., 634 inomy, 64 bill. ; Ditto, Pour nor Cents.. ICJ mono AN bll4. ; Corn. Comp., Pour and a Half per pcnto., UN .01344. 161 bllla Exchanger. on Lon4urt, at slight, 12 15 ; two month., 11 W!; on Hamburg. 36 37 ; two Invade., 34 75 ; on Pori,. 56 75 . too motto,. 5625. Ilacwitio. Nov. 6.—Lran of 1840, Itif : Ditto. 1842. 985 ; Ditto, 1844, 911 • City Loan , 16.. n, 991. Ditto, 1843, 95 ; Bank of Brigium. 63 ; Exchange on London. ZS 61.1. A xrerans. Nov. O.—Exchange en Lurks. 25 75 74 Vllllll4, Oct. 30.—Anotriiin Iflc ii r ts. olo6, 164 7-16 : Ditto, Pour Der (74416‘.. 921 : Ditto. ThINISM al; 1)1880. Too-And s-lialf pm Contg., 424 ; Loan of 1631„ MI; MIA III: Bulk ebarok 1,006. 4 Do. RAILWAY NEWS. Shares were a shade better towards the doe° of business on Saturday, but had not improved propor tionately with the advance in the funds. Great Northerns are declined to 6 to 6 discount. An em barrassment is experienced in consequence of the call, which interferes with dealings. Eastern Counties are 16 , barely buyers, and heavy ; the receipts of the line are not considered to be so favourable as were anticipated. North Stafford' have advanced from and to discount - '^ the last two days. and ;'to I discount within the last two days. Ter "Rik 1'... 0. 15044v . ri off.l Higlmst. Lowest Cleolai. Part. and Orkaos.... 1185 1185 IMt 60 1182 60 1186 26 - Part. ,ls and Roma .... 907 50 912 60 . 912 60 910 910 Room and lidrro .... .. 610 76 61 6 73 314 15 617 30 Avthooo I Marorthor 144 646 543 635 638 76 Strasbourg and 6514. 160 Centro IViewsml .... ma vs a 7 50 64 75 61 . 6 SS ad 25 N N E 477 60 477 50 410 4 463 North 643 61626 648 75 645 77 60 1 647 60 VIITIPA. OCT. 30.—Northire 2 1634 ; Ologolta,111; Violas and 11114 Set; LOON% 04t; Palk 93 2 1154066. 6 7 4 2 Almada*, 94d. SILILHE LIST. inc—Tbe quotatloot of Han trauma/ow Woo. of It ,eberderts treet.rr e rT.Ne;/ 114. I lime., W 01.,/ Dot 131 1111remiCuLd S. Valle7ile o.rford Jo. 3 48 . 1. Ilorlon,Stom. d Him :2 Id. Ettigtni and Exeter . , 01 Do. Think Dweti.teehowesAire . Ce.a.l4lollitift I Do. 1 slums j !Chester d Holyhead . IT I6d. Do. l'referesses. . . , Do.lst Do. 34 Open Do.Gor. Loon Ap.C. Dahlia! 8411..lesue. 20 Idd. Dundalk& Ex/tie/Ga i l KAwdliff,d HAL,* 10 bd. Do. 11N. K. & H.I. 11l 6d. Do. 131.10 e. ls. ft 11.1. Pastern Caudle.-- 166 16 I DoPen.p.sp.a. No.l tr. I Do. do No.2 Id. Do. York Extra— AL DoNortho &Emden 1 9 /10. le/iorrs .II 12 Eastern I Do.l alum Eel* Latteaddre 16141 Do. New 7 8 Do. New, shores Eon Listed! fakirs' Edinboro, & o k . g 49 Do. sharer lid Do. sharer . )Edieb. NorrAere I Do. NerryWri Exeter, Yeovil. Dore. Le 11,1. IGlftsg.. & A !greet Nortltere... 11 1, Do. Lon. t YortiEr 11 ltd. ,Gt.boutb & Wotan 11 1 Greed Sorbb d Ewe. 17 220 Do. New. 301. k Do. Ker. 154. . 1619. Orem. We•tera Do. Do. New. 111, 69 6 Huddersfield, Now. Do.. do.. Third' . HWt.rwd SW* . 99 Do. shores . , . 9p, Ipak St. Edina, Do. do. Nerrwieh'9 Du Erf Se.gate:.L. E. I Id. Asa:a...ter kCarlisle. To 7 - A77iiir — d.77.7 — Id. Ip. 62 14.1.11./ Volts M&L 74 3 3.1 Do. 1 sham 3213 141 Do. ithares :10 6 Do. Id Do. SialetwlAs . id. t 10; Do. Third* Medd 64 Id. 34 Ihi.Liverplak Win 33 D0it.tdd.41 , J 4 .76 , / 471 DoltAftWldwo awl Do. W. IL Uokm 2/ Id. 23 Do.PrertowE Wyr, 33 33 6Do. thate4 .... A 12 30 Leeds mod DraVonl 16. Ltir.ter d: rd. f Id. 36 ' Leeds owl nirsA • 5134. 171 Do. A'elo 13134. 3 . Do.Prrl.6perCest 1 1 Id. 3; Lerds.lkea...lforitA 22, Lir.. Nowt. d• N.A 1 1 Lir..Crosime W.A 1 Old -1641 London i. Mackin& 3 6 Do. do.. ....A*. 112 I}ll 34, Do. do. .. .. No. 214 11 30 . Loo., Wight..., 8.130 . 40/ I 1 I 3J Do. Cows. NtpitlAs.llo tld. il Do. do.ligar3p.a. 50 Do.Prel.Cn.sp.a. 12 London and 01111.$1. 18 i MI. PrVernsee. .. . too Load.. a N. Weator 1132 13 COMMERCIAL DoN, Nov. 6. mama duractung denote actual lfdicrl ream Lott.k.N.WQ,L. &Brat W. !YU,. . 124 b. :11. 6. .. 110. 'MEI.. IN. It corfulA . . ...... Ilv.Gnorld. dip tn.. Do. Erlonsion o.Soltl47NorNne L. do. Woontep Y. ! N. Counties lin . ' North Stafforaltro . North Wdn Irar.• &We 4. /4.4,1 Royston and Hitolon , • • jsowiyn siai„~d 1 - 7i,;7",;;777.7 "1 Rah. 0v . 0 . i.1 Idivems. k B r. Asoli LB. do. CI. es• B. ..I allwojakiry . south ATM ...... South Sturordshirs..l aloud. Irdoiorati3orr.', Do. d 0.... ..... do. ..... 31' Do. do. ..... 41. &I/A . 11:alco I in dqt 91. pr Id Irr JJ IJ. ,leud )47 :;~, 1.,. - ttat ;RM. B. ravish—Oa ctOk., rar• Vok Itrtess4.l Masks I laws. k W.aerfora Ickikkur.at .I , ltrnm V Ik(Scom„ k IPI Was. amok& *Ma.! York, Neve., k Da.„ Dosorii.Norct Her,: D DoNaifldsPstry*.l YAt N prf Dock..No2N iN EPor or Prat, YorkiNorttiMl.ltoo,,i Do. ?Rieman .. I . . . .3:11 r,214 "1 2 ap iS W.l4xEjr. ruILLIGN RAILWAY,. 20 Boulogne & Amines .114 14 I.4n.ef 14,10r.tra4 , 1$ 5 /kiotrura 1 , 64. , b 11 1.446 Indin6 6 Lowrain 8.4 la 6414r16 6 Let.rembotro 4e. 5 Lries&Asion.C. , iist , 21.1. 14 Aomor Liege lin : 1 / 4 1. 10 Nortlitro of France i nt 6 urkase.4 4 4 1 - 10 • and SO Mirilt . 01 , 10stsiiis. I 46 20 Paris and ~ 1347 6 6Paris and 6l.ra.l.ttr4j4i 4 ,Itunten and lhrrr . 1G ~ .vabre and Mo. .c 1 4: 52 8 'Tour. and Num. it • tlumkri Ii dd. Do. 401. Rh. M.& 11.1y0 D0.1.01.h..k..t R. D0.101.5h.,14.4 B. o,loi Do. 104. A., M lir if 4p, London& ts. Western:s4i si Do. N o o, tithil 3p. Do. Nov, but. . S Do. New, 5 3d. Do. Cong. Tro Do. do. Tenths. Do. Thirds 04d. loss..S.airb..l. kept, iota. , Loodady.d . Chainel Mass. Itort. .11.0, 21 111 Manch. triusdArnsop. Midland . t"si Do. 401..44 401 Do. SW. slurry* IIQ r Do. Dem.& Ireibi4l Do. liriel a I ..L . . !lrifh Glost. t. • dlid.G Iri Newasik • Nano. &V hestee North ItritlAs Do. s/parrs !XD MARKETS SUGAR.—Balsroc, Nov. 6.—There has bet n, during the week, a very good demand fur all description. of Itritsh plants. lion sugars, to whirls, from the indisposition of iin;wter, to realise, the supply is wholly inadequate, although the rates bete rule em•i derably higher than in Conlon or Liverpool, which is accounted for by the pressure of large parcels on :haw markets by parties whom circumstances compel to sell at ruinous rate.. balers' our market, though usually governed to a considerable extent by Lind. price., has, throughout the panic, maintained itself with gm it tlrrone , .. In no instance has there been any stoppage or even -; anir.a our merchants or wbolmale dealers, and we believe that in nu part of the kingdom does a better feeling and less distrust exist than m tha city. The sales have been about 400 hogsheads of West India. COTTON.—Livnaroot, NOV. 6.—There wag a firm mar ket to-day, but prices were nut higher. The quotations are -New Orleans, 4, to 3; ; Bowed Georgia, 41 ; Santo, 31 to 4. Saks, 4,000 bales. MANCHESTER, Nov. 6.—There has been rather more in quiry within Owe two day.; and, though transactions are limited, and chiefly confined to immediate wants. they oboe a larger aggre gate amount of basinsss than we have bad of late. The principal improvement has been in printing cloths; but both tn piece feOliS and yarns, prices have been in favour of the buyer, pro. dew en being influenced no doubt by the fall which has taken place in the raw materiaL There is reason' to hope that there have been but few extra hands thrown nut of employ. meOt this week, and that the contraction of product:on has nearly 1 reached its lowest point. It is &Bina to get correct data by which to estimate the actual amount or decrease in production since tots time last year; the average amount of cotton, however, taken foe ' connumphon for the List ten months, shows a decrease of nearly 8,000 hales per week on the average consumption of 27 ,MOJ balm per week Wt year—or &Soot one-fourth—and taking into coneideration that a large diminution of redaction has lately taken piece upon what had been previously effected, probably it is not too much to my that the amount of cork turned off by our mills per week this time last year was at least one-thirst more than at present. This limitation is causing much distress amongst the workpeople, which La. been borne with unexamplal patience hitherto, though reports prevailed here today that a goad deal of excitement prevailed at nekton, and In districts where the passions of the people have been chafed by attempt. to re duce wawa The home trade botwes are ruff doing a moderate amount of burinem, but the travellers to these hoaxes report coneaderable diffi culty in getting money among the country drapers, and a great num ber of (admen amonmu those parties. WOOLLENS.—LEena, Nov. 6.—There was only a small attendance of merchants nt the cloth halls this morning, but eon alder:ll,le dolmen pervaded the market, the nierehmte only or. I chairing limited quantities, of goods to euppiy their present orders. 1 As the mocks were small, no venation in pnee was noticed. HARDWARE.—BIRMINOHAM, Nov. 6.—Trade here is still rather on the improve, the manufacturers being for the most part engaged in the execution of orders for the foreign markets; the home trade is still, however, very much depressed, and in some 1 branches of our 'rodeo, especially the fancy articles, buvir.era In slack and the:men are upon abort time. Ruminant of nth' r failures are ' afloat ; we have heard Indeed of no less than nix tats baring Men opened in this District Court of Bankruptcy on Friday. Another re port is that a banking concern, which suspended a few dap. since in an adjoining county, will eventually come also into this court. MEAT. NEWOATE AND LEADENHALL, NOT. 6. Prime beef and ♦eal sold readily at fed prices, othereire the trade was in a very sluggish state. beef, iron 2.5. W. to 3s. M. ; mama. 3s. 6d. to 4,6 d.; veal, Ss. 84. to 4 dd.; sad pork, Is. to Ss. per 8 1b.., by the carcase. I ISII.—BILLINOKOSTI, Nov. G.—Turbots. 4s. to 135.; brills, 20. to Ss. 6d.; red-fah, b. M. to 65.6 d.: haddocks, W. to led.; balip, 4d. to ed.; and lolpters, is. 4d. to 3s. cud.; soles W. to 2e. 84. per pair; fresh berrings, 6d. to Is. 3d. per dozen , uhoon, 10.1. to la. 3d., and eels, 6d. to Is. per lb. SHIPPING INTELLIGENCE.—Mme. ALL LEL...ALL. PVC ALL DCL ALL OWL 3 Dublin 2 Waterford 1 1 linna.k,l en, 01 Lab...Nov.lS Bona and 0 Was Inil.NotT 1 Hamburg tau Medltarrou.. u; Hallfax.Nor.ll .1 Braill _Doc 14 OILAVA.C , Nov. 7.—Arrlved: Clyde, Antwerp: Noe York, Odle; Viper, Malaga; Pereeverance, Smyrna; Albert, Ghent: Reaper, Amiga, Leghorn; Regina, Mon'e ides; Anna, Hooksiel; Ostend; Mediator, New York; Ocean, City al London, Rotterdam; Magnet, liarlingen ; Attwood, Rotterdam; Ilarkspain, Boulogne; Tourist, plain; Gipsy, Julia, J.W. Collingwood, Guernsey; Margaret Milne, Alexandria; Prunnos, Mischief, Patens; Dung, Gan; Chieftain, south Seas; Slater Rebow, Malaga; Elizabeth Hew, Macy; Static, Lisbon; John Currier, New Orleans; Ellen t.ilman, Messina; Williams, —; Orion, Trieste; Margaret, Alexandria; Rory tr3lore, Quebec; British Tar, lbramichi ; Jew:, Serbia: Gen* Venice; Cumeloo, Rotterdam; Jane, Einar; ; Sophia, Honduras; laurel, Lady Cooatable, Quebec; Slcipner, Sweden; Colon, °surd; Effort, Amsterdam; Fanny, Faro.—Sailed: Diana, Golden Spring, Bombay ; Anna Elsabca, Antwerp ; Teneriffe, doom. Gra 4 Wokmil Brothers, (Mem ; llaretto jun., balitax ; Rowallan, Clyde; Miners, Stettin ; Liffey, Aram; Emerald, Cadiz ; Eleanor, Ceylon; John Scott, Newport ; Free Trade, Toning ; Oileduaia, Umbra' ; Giraffe. lla& Rotterdam; Sir EA. Hanka, Ostend; Sarnia, (jaunty ; Lion, Imam ; Caroline, Jamaica ; Rosina, Baltic ; Hawvery, Sirrni Loose; liakyoo, Gateway ; Venezuela, Ilavre, City of 80tv0,..-ne, liou:orne; &Vast, Calais; Nora Rein*, New Dieppe: Lord J. Rosen, liar lingen ; City of Rotterdam, Batatler, Ranger, Rotterdam ; Antwenn. Antwerp; Lemoyne, Ceylon; Magnet, Rotterdam; Vanguard, St. Helena. Dims:lox, Nov. 6.—Arrived Annan, Elizabeth Jane, Alex andria; Emma, trig, Herald, Smyrna; Eclipse, Progives, (hind (after bring on above in Bootle Bay) ; Vigilant, Conniver, Owed; Gil Blur, Marseilles; Zephyr, Smyrna; Sailor Prince, Mirainicitl. Sailed: Ward Chipman, Savannah; Ilindoetan, New Orkin; Marts Whitfield, Pordt ; weepier, St. Jags de Cuba; Patter liasbruok, New York; Hanover. Now Grimm; W. Fisher, Bahia; St. Viso* Mader, —; Dun de Gam, Genoa ; Viola, [Adee7tifferneltd.]-BORPRISI NCI CASE OF THE atltliElli or Ilratre ev HOLLOWAT'A PI I.ls. —Mr. Roberts, a Iffre Bonen residing in New-street, Birmingham, bad been suffering for years from a disordered liver, deranged stomach, palpitation of heath shortness of breath, swelling of the hands, feet, and lees, losnem spirits, and want of strength and energy, which stale of thing, war slowly breaking up his constitution: finding no benefit from tbs medical treatment of Birmingham, he proceolidjto London, where be ',tided for sin months, In order to consult the most eminent of tbs faculty, which he did to no advantage. He then tried those esteem dinsry pills, which In three weeks restored him to perfect health Red vigour. Sold by all cl=s, and at Professor Llollowo's Estab. Ilahment, 244, Strand, BIRTHS. BOLLAN D.—May 28, at the Pareottrae. Nen DlDooeth. Zwhadt the wife of the nee. W. Holland, of a eon. EVA `f a.—Yarn 3, at Ilene-bay, the wile of the Re,. 0. W. D. Vans. flan Reculeer. Kent. of a mom MURRAY.—Noe. 4. at Dam:Wield, Ducks, the no. Mr , S. Murray. of a eon and ben. NEW POET.—Noe. 5.1 n Waton.ereseent, the Viecountcet NI.D.Oft. of son. PELLY.—Nor. 6, at Upton, Emma, the wife of J. 11. Pelly, Em.. of a PLAIT EN.—Nov. 1, at the Vkarage, Kula Esrcs, the wife of the Rev. T. P. Platten, of a son. MARRIAGE& DANBY—SEATON.—Non. 2, at PO. Mary's, 111.6.0111 Juno,ll the Boy. W. D. Tywyn,l2A., Joseph. second son of W. Denby. Kw. of liteolgot.llo. Imftillts, to Anne, eldest daughter of Mr. D. S eel of the Mount. Yea. FOREMI AN—HILL.—Nor. 1. at Belmont, Groenock, by the Rev. Dr. M'Cutioch, J. It. Foreman, C.E., to ItabelLs, third &Whirl of C. J. Hill. P.m.. Waif.. N.B. II'HEA N—DUN CA N.--Sont. 3U, at Spanish Town. Jamaica. J. G. D. Mikan, p.m., staff swoon, to Hank% udy daughtw of the late W. Duncan, Eq., of Spanish Town. DEATHS. ADKINS.—Nov.I. at Northampton. Mr. C. 8. Adkins, editor of the NoriAdvapton BMW& BARRY .—Nov. 4, otar Belmont, J. Barry, F.m.. M Dublin city, J.P. BOLL! ND.—May b, at New Plymouth, New icaLtad. Mrs • rho , illnews, the Rev. W. Rolland. aged 2T. BOW EN.—Nov. 2, at Eynoruiddloo, the Rev. J. Bowen. Teske of Jordeston, ricar of Lhohowel and Llandeloy, Pembrokeshire. isied 26. BRAMSBY.—Nov. 4, at Cemarron, the ker. T. 11. liranysby, retired unitarian mlabter. CRCDEN.—OoI - AVETEN.—Oot. 30, at Gravesend, R. P. Crudcn, l q., haunt= Um, and chairman at the board of diructton. of tho t , tar thomn-1 Mas pa ai aad l Uhl paid. al Buena. the Car .( L. mind W Vitaaamit Amu. &tam at ttta att. City ml relator, at tie Oak* at Saa. 1v.% Is Lembeed-Mela. Ur para. .' WOO obtl" lama GeuW ad altiglassat—Measar. Nevanaut 411 E. I I 0