The Express. — London, England, 1848-11-11 00:00:00

T.. ILA.. s e rekteveta,sw, to bs Professor of Modem the others* of Othrd, is the 101111 ofsubs Dec Dr. Js Mew Crum, dessessL WAS onto% Ma. 111. tat Ilea el WI Ousede—terea. W. 11. 1 = 4 1 . U. Ma. m. be meat ad eetollna. are d i..; tit 0. Casa ma, to ammo ea evhAto to Bona who rete. tad .l Oesea—Lieet. T. firma be wt, by per., eke Oarratr, telo nth; Cored H. IL lemale to be Boa, by pa, vim C. D. fader, from Ma f., to be meat. bY Pat, are gra Beet. 41U. Ceem.—Cars chagas, to be lime. by per., dm asecome, obe no.; 0. Bzway, met, a be ear., by peresem vino MOO& the ts, oraes.--Cw. w. B. *Mb% to be Best. by =ig, s o me. who lit.; J. 111/04 Pot" lo WO aWrote by Cidolnola 80. et FL ele—Cept. C. W. logo eft Boa at mt.. ate Ile J. I. Mearetee. Belt.. tube mi. tluV-1110. W.I. Warr,* be 11.04 by rm. vies Oal. she ; C. N. J. meas. OM. le be Zbi Pat e lla r.—Lline.M. seno, from se Ilesw, r at: IV boo. to bs Bea. by file L ao Banal 116. 41:i.- r -itest. ll" rd CEn. .71 . : ran g :Pr.. m.A l sr. the Wham ml F. te be orel., vise Mag. Vie. * NW F.—J. A. Cenaleid, sent., to le ea. by per., Wee Palm app. Is Sr Sri Dee& OIL 11soy IF.—lLUolgros, gent., to be aer. Iteet. elfish per, as I. U. iresers, marred by the maw et a parer wart moat. Mid V.— Lew. J. Denary, tram the 11th 1, le le as DM am ella 11P.,—..=\ : . Mir, hum b..p. Seth F., to be Beet. eke Biar_tt 51; A. F. YU?, from h..y. meet, tele lieut.. ea, Ma B. lleasa, who nth. ; Major C. J. Coen be Neut.-cot , W per. Mee Mr A. Y. EYEate, Wita C. Name to sw}, Irr paroles Cede; Lae. C. J. Caratheed. to be rapt., by pee. thelhare ; Ens. B. eltsticeal le be hat. by pear. vice cer. sided ;W. L. tat, tonst., to boolliOri pair, ran Gerald. Seth F.—Cra. A. 0. Grant, to be utel, by per., the Teatime, who 135.; Lisa C. F. C. Seymour, to be met, by per. the Great ; 0. Weide, to be lea by s pur. itemarer; J. Ainallage, era, to be by per., vire Wa*. Ceylon Rae Stet..—Ste. lint C. s./melt, Is hi lees Bea., wilh out pm., vice Kingemillotee.; J. A. Omt. sly, le be see. lieut., Mee amett. Itarerr.—Lirst. O. Bowater. d the to AaPay, doing duty at the Past Wilt Compote st Rolm Oloollgtorgla , to Iwo the keel and temporary ark diem Vrtrr F. Cmielay. the VT. d .. to be rapt, without put. CaoLeae..—Teekeriay the Bawd of Health re mixed reperb of the IsSowing sew owe :--Onsestwish 1 ; Brent 1' • Bettersas 1 ; Bevsewaihrey Workings', 3, 1 fatal; Ecclesal below 1 fatal ; Edinburgh 9, 3 (and ; Worth and South Leith 19, 6 fatal. Total new ease 36,16 fatal. Last eight's Gazette contains directions and regulations, relative to sanitary reform, la Scotland. These orders of the Board of Health are of similar character to those is•neg for A SANITARY COURT.—Yesterday, the boord of raudiset of the united parishes of St. Margaret's and St. Sohn, Westminster, resolved to hold • sanitary court in the vestry-room on the diet ant third Tuesday in every month, tinier the lir poisinne of the Health of Towns Act, in order to hear complaints in respect of nuisances, and to remove all noxious mutters likely to promote the spread of epidemic or contagious diseases. The ;Mardis's have also appointed several inspectors of nuisances to put the laws in force (or the promotion of the public health. IRELAND. Draux, Nov. 10. Mr. James F. Lalor, one of the writers of the late Felon, has applied through his medical attendants to be removed tram Newgate to some more airy prison. Dr. West has been removed at his own request to the hospital of the gaol. The other prisoners In Newgate are MMES. C. G Doffy, F. Haney, Dr. W. Veer roe, J. Lawless, J. Bergin, of New York, 1)r. C. H. West, C. R. Mahony, I. Doyle, T. Sexton, J. M. Burke, R. F. Ryan, of Cincinnati, E. Martin, J. F. Lalor, J. M.Kenna, K Trenton, and J. Evans. Seve ral of them are said to have suffered in health from the dampness of their prison. Mr. K. J. O'Dogherty was removed, within half an hour after his recent sen tence, to a single cell. He remains in good health. There is, it seems, also "an undistinguished crew" from Bsllingarry, who have not even the consolation of a meal, save the prison fare. On Thursday last a servant girl of a lady residing in Stephen's Green, absconded from her mistresses house, taking with her 46,01. She had a male ac quaintance in town, with whom she sailed that even ing to Liverpool, and on Friday to America in the mail steamer. COURT OF QUERN'S BENCH—Dram:4, Nov. 9. JOHN MARTIN 15 Eaaou V. THE QURIN.—Ths saner, Mr. Juba Martin, was brought before the court by habeas c .rpos, to assign =on his counsel having certified their opinion that there wen grounds for the issuing of a writ of error. and the Attorney-General having granted his fiat in order te have the questions of law fully and solemnly diesaseed. The prisoner had been convicted in August last, nadir the recent felony act, and was at the period of kis anent the proprietor of the Iri • A Felon. Mr. Mania took his seat at the aids bar, accompanied by Mr. Marques, the governor of Richmond Dridewell, and his appearance indicated that since his imprisonment he must lon suffered much.—The Attorney-General rose and said that Mr. Martin was new in court, and could bend la an sirgt of the arrow upon which he welted. erk of the Crown read the return to the habeas wpm which certified that the prisoner was in the custody of the goo, mow of Richmond Dridewell since the 23rd of Alrm, ander sentence of transportation for ten years; that be bad been tried on the Mk of August, at an adjournment of the commission of over and tensiner and genera gaol de livery held for the city of Dublin, and was detained until, by due form of law, he should be transported. fiir C O'Loghlen then handed in, on parehment, the se sigamant of errors. The Attorney Gomel having read the document, signed the joinder in error, and then asked the court to Az a day for the argument. The paper books would be ready in the course of the day.—The Chief Justice: What day do you ropose ? Attoram-General: Mond neat.— Chief Justice : p Is there any objection to that d a y on the part of the prisoner's counsel ?—Mr. Holmes : We ban no objection to Mon day.—The clerk of the crown observed that the prisoner would have to join in the exposes Masking up the parr bueks.—Mr. Holmes said he weasel aware that his cheat would hen to join in this expease.—Bias C. O'Leghles : The nom Rake upthe paper books themselves, end that wag the scene pursued in the " Queen v. Conway and Lyash."—Mr. Roman stand that they never paid but kr their own books.—She C. O'Loghlen :It was dose in the cane at Mr. Duffy and Mr. O'Connell—The clerk of the crown remarked that the crown paid for the paper books in the " Queen e. Gray," because he got leave to ins in koma pang/tilt—Mr. Napier, Q.C. : There were se books la that are. Mr. Holmes: The question mast be decided by what is the practice of the court.— Smyly said that the °Hoer was bound to keep en account of the fees, and could easily ascertain what was the practiee.—Sir C. O'Leghlen sail that the Met emo was Mr. Mitchell's.—Chief Justice : The usual peneliee ene be seem Mined, and the subject need not be niemtieneff egela.—The prisoner was then removed to his Mom selledy. The assignment of errors was AM 911114 bit it is stated that smog the points reined are twes--mtemeiy, that some of the jury were burgesses of Dublin, ed.= mires old statute, were interested in obtaining a es. by such conviction, the greeds of the party UM* le the city; and that the sentence was misread ha Mt specifying the place of transportation. The Attorney-General at a later part of the day men tioned that the crown would in this intones inner the pens of of preparing the paper books, because the rule calling en a traverser to join in the expense was a forapday rule, end would therefore occasion delay en as to prevent the argument taking place on Monday. SCOTLAND. - THE RECTORSHIP OF TELL GLASGOW UNIVERSITY. —Oa Tuesday (says the North British ma) a meet ing of students attending the university woe held in the Honsanity Clan Room, for the purpose of securing the re-election of Colonel Mare as rector. Mr. Hill having been called to the chair, the meeting was addressed by Messrs. Boyd, Stirling, and Caldwell, sad a motion passed by acclamation, to the effect that it was the duty of the students to vote for their present rector. At the Name boar, a meeting of the liberal students was held in the Mathematical Class Room, Mr. M'Ohee in the chair. Mr. Langley and Mr. Theobald severally moved and seconded a 'lobos, to the effect that, for the interest of the anivenity, and in compliance with a pledge given last year, it was necessary that a new rector should be elected.—Mr. Mortleon said, that be had the honour of proposing for the office of lord rector a man distinguished no ler as a poet than an orator, who owed nothing to birth nor rank, but everythlag to himself, he meant the Right Hon. Thomas Babongton Macaulay. The motion was carried by a show of hands. The election, we understand, take, place on Wednesday, the 15th inst. PROVINCIAL. _ LANCAMIIIM. New MAYORS. —TN) result of the election for Manchester woe the appointment of Alderman Potter, as an ticipated in this paper. The appointment for Salford fell on MmAlderman Laagworta y, who after declining th o eoffice last You. lad reds on the present occasio n up to the last mo ment, yielded to a requisition unanimously signed by the town council, and by upwards of 600 of the burgesses of all clews.—The election for Stockport was, unlike the others, • political contest, and the first meeting of the new council not only appomuil • tory mayor, Mr. James Marshall, but dis missed the townmlerk, Mr. R. Coppock, and appointed as his successor a tory, in the person d Mr. Vaughan, an &nor. &eV. A correspondent says : The most singular feature in this Stockport business, however, is the fast that, in die charlgailbte town-e/erk, the new tows wawa could not dis eharge grimy, and that they have appointed a MCMINN to Mr. Coppock, without a salary. Mr. Cappock, who, on the incorporation of the borough, had been ap pointed magistrate's clerk, on that occasion volunteeled to discharge the duties of town clerk foe 6001. per year out of the fees remind by hint as clerk to the magistrates, con senting to pay over the balance of fees to the borough fund. These fees bars hitherto, for 13 yean. averaged 511. above that sum ; so that if the magistrates think proper to continue him as clerk, the council will not take much by their mods& It is probable that neat year the decision will have to be revered, the whole, or nearly too, of the your sakes next retiring being tories.—Mr. Rushton has been elected mayor of Bolton, and Mr. Ald. Alcard for Warring ten." COVIdleB10:11 By IRE LORD LIEUTENANT.—L. C. Sterinh, gest., to be lieutenant in the Lancashire Hussars. PERNONATION AT 7 TIII BRADFORD MUNICIPAL liLsorton.—E.lwis Rill, • stommason, was cm Monday last committed lee trial toe heels. 'stemmed a John Estmoad 60M. of 111malaitham Ward, at the meat election el toms ewamillere. ESSEX. Tors CoaansALL ClAso.—Os Thursday thae was a briber esmiaalisa el the pentissesamesetd with the Cod seibet mem He dope prlastrally whin eat of the slaw am& eirWeile, the seaviated asesiailise la the ease. As ether of the ease, William Everitt, a deals is deb, was ap eggheads* id St*ar&y. aad was e with the 'then web teedert herglarke ia th e st The eaudeatia took pleas al pad, The arse geas Me were the lerst . Mr. Smith's, sad db. Wood's, at Gnaw-bill, apes which the mad prisms; Everett, Crew, =is, sad Teasley were remarks' mail $ Were day. TSB HALSTEAD GANO.—DI armsequesee of the re seeding of the mewl v Bryant, aim more of this pas have bees appeeheaded : W illun Richter, for moiler at Little lliisideelsod Church, aad committed for trial; W. Saab sad H. Finch were remanded. RENT. A PM AND Tux PRESS.—At OA Agricultural Aniedaliket held at Maidstone on Thursday last, adverted to in ass in this paper of yesterday, the chairman (Lord Mammy), an his health being drunk, took occasion, to re turning deee&e. In make the following reference toys abase tesseseewellag that persona at thew meetings shnuld ease so much, but Mould speak of something mt MAL VW OA woe to frighten a &airman. There is elleNtleea ell IMM to chairman or each terms. Ibn I=bll4 Millikelogne Way about it is, " Let no manever Ulm we need belie be what is written In the news. MOM (*mom legghtor mil doers. Kir Edmund Vilrner suit. PIMA la Ide keddip * maracas writing.") Isost Mal (cora l blebmialp) idiot swam hem anonymous wereepoadents. here lelleesed thie rale threes! gilp, fferent either to their prefer or Meese. awg I taus kit very gent comfort from it, gad I MMus others to Mow IL (Ilenewed frempiter.) At a farther period of the evening, the noble chairman ebaseved,t zeposing the next tenet, Sr tholegghi, from some übeervations which he tied mb lidom with referees* to ft erepniorr, that he heel placed him new• he tlesseere lett It Nett to explain the vh es its w▪ hisk be pre=l.l that tome, which was „ the local peers." It might he shim havingmode the alttlAtOna he had, It would be OM mi to propme, which he did in all sincerity. the conductors of the Wel mem Ile woukl expiate why. etdl holding the opinion be had kneed, expressed, he could now propose the local mow. Ho be as the wwwiwelionat the proo thoweiren up as dictatut• to the pale. In a may be thought they had nu rght to do, and judge. owl saran 'pa means ea which they were utterly ignuernt,--eu to as be hit tam la meet Sovereign contempt. (laughter.) They very often en, miler the Mod "we," in the public prow, perwria censured sad doWilelleld, ea whose actions and motives the writers IMF* not at MI eseapetwet to give ea opinion. So far as they moaned them. seems to what leek place at those and other meeting., Eddy and se Dr os they confined Born-elms to resenting fats, =Bll4l:ll7olNisslieme, es mamma opinion, so far he believed them tote eery osefol. (Mown) They recanted matters of the art whisk we pram la the world it large, and so for opened mea's mime and ad goad gsweealty. With these views he pr pmed the inert /sane Manse be believed the conductors of the keel preen In • this lowa bed always very impertiAly end faithfully recorded noir preesidiess. (The teem woe drunk with three times three rightist rids amok] The represestativea of the press present defended themselves from th , ste obeervations of the noble lord which attacked its suggestions, and contended her the principle of integrity which characterised their reports. Atter a scene of some excitement consequent upon thew explanations, his lordship proposed, as a toast, " to our next merry meeting," and the company separ a ALLEGED D EFALCATIONS BY THE CHIEF CLERK OF • S•VINOn BARK.—At Margate, on the Bth instant, Mr. J. C. Bennett, late chief clerk of the Margate Savings Bank, charged, as stated in our paper of the 3rd instant, with appropriating the funds of the bank to his own use, was committed for ttial, bail being refused. THE EXPRESS, SATURDAY EVENING, NOVEMBER 11, 1848. the Ziam.l. STRAND.—A very laughable farce has been pro duced at this theatre, which bids fair, as indeed it deserves, to maintain possession of the hoards. The title is ' The Queen's Bench,' and the i'cldente illustrate the various 10111101 commonly attendant upon the career of a man upon town—for such is the characteristic of Skyrocket Ned, as the hero of the piece is styled. Mr. Conway, who played this part. is an actor of considerable merit, sod the manner in which he contrives to raise a laugh at the rap nee of the myrmidons of the law, is alike creditable to his comic powers and to the author's invention. Notwithstanding the triteness amens of this situations and the absurdity of other portions of the farm, a good deal of amusement was created by Mr. Conway's style of sating, wLich will no doubt recommend him to a post of honour on the London stage. With two effective pieces such as this and " Jeannette and Jeannot," the management, it is to be hoped, will have no cause to re. grit the speculation of opening this little theatre. UNIVERSITY AND CLERICAL. UNlTzasivr COLLEGE, LONDON —The profoseorship of Ezell& language and literature in this colh ge, lately vacated by Mr. To Taylor. has been filled up by the appointment of Mr. A. J. e;clt, M.A., d (Anon, to that post. The ntrike prior of 401. for prnideney in medieine end surgery , bus teen conferred on C 1 . 61 4. Bayldon, of Royston, Cambridgeshire. There is no rapine" , in the geekeeorship of _German ; that chair is still held by Dr. Ber man. Dr. MilloNotaky's dike I. that of examiner in Daman in Leedom the PursamosTs.--Rev. B. A. Took?, to St. Werloaroh C., rlitlL—Pow. J. L C. Valpy, 8.A., to Mid Churth, Cheltenham. Vocoitcr.—All Saints, the dio. G. sod B.; 1601. ot., Dow sad Campor . Ito, itagero, dee NAVAL. Lola or TIM ItionsaaA Falange* correspondent writes The Laser baring got:on share at Par to Grande (Cape de erde), an amount of the disaster reached Ms Pautsloon, who salted to the rescue, bot war only in time to whams the compete wreck al that resseL" PIUS MONIT,—Tus ALBATIOB AND viii BRILLIANT. —UM higher °merle eascaseas that somata of prize money due to those mewls kr llscure abbe slavers Atheism and Nora Athens:4 will brthwith be td Is Me Oran of Admiralty. DITONPOST Nov.OT 9.—The Admiralty board of Revision herbs toil , duties et Mks port, to* their departure, wa terier, ler is the Black Paste thsamer.—Peoguta,C, Lieut. CECIL W. Untie, red front Falmouth yemerday, sod came into WNW to reet.—lierner, et., Mr. Martin, master arrived bit wra th, from Pembroke and Ireland, and btoagkt the Caledonia, 124, Into harbour MY stegramm.—thedelos, It, Wabash dashed to make good defects, mid be Mod as an advanced attly.—lieraim, COIL Edmunds, soma late lierterar this afternoon to be paid at —The meter rope. Esher ef this deskyard Y ardsved to be Is Chatham on Monday ram, IS MDR the wain of Portsmouth and Liwithma sad prepare a report of the e=r of me aufeeturing cordage by steam machinery sad mama WooLWICN, Nov. 10. Medina. et..v. Litut . C oil . Darby, wm talisa out of the basin today, sad ;ate this ere or tomorrow snorning for Portsmouth and the Mediterranean. — Math Prim, 72,1 s ordetud to be brought round from the Medway, wham the la lybig in ordinary, to thin por ig t i t i t s fitted as • convict ship, Wised at the Benbow, which waa y ordered for that Ms Math Priam was built at W with Is Isrittamrar, Nov. 10.—APrOlfrrellUrre.—Aetion ?ne wt 0. IL Serpa, to Plowiper.—Naval Web - actor :T. It. Wane, to Du has.—Mbialigelen : C. R. Scott, to Plumper ; W. 11. Arniesley, to Marinas. MILITARY. entalvher.—The mead hat yearly pita enainatioa et Or eine En fir. man enala t i te um Vitltarr OeHeatemn=L: Wank& , the 704 en, wee at Inn • eakehhe WEI. At the of the eiNall peonaloil with the moat eirdiesmirelt,Wwilawams—Xal. W. F. Heap Nth Feet; Capt. W. E. F. Moe" MI 111141 UM. A. 11 l sant; Linet.W. 0. Kerplloll4 Wirth That. k ...pn.e se is relieney or Capt. Jelwra, ma We sawn Ida s ••• andrammem dlspiared U. Itathenni is We Wend bramble 1 welholAtbal eelanee, hasarea nee was le Weir mann ; and the ai NaViraly sad Cop. W= 1 : 88 m aim pmwv wedeed. the Ibltowlag =MI" veto led aemplehed their quallheatiaos womb easeompellod Is Ibsen, ths aussiabder•hhehiet har op. polvamelo walgsalao Or withest purehace :O. 11. Nor m% P. Pillpet, T. Itcolvehlte, IL H. EagM, C. itiss. A. B. White, O. V. Truk lowletod. A. Illshotowlea, W. EacwW*. .D. latent, V. Mechem H. O. 5. C. varsern, G. T. Brim A. E. R. Ara, H. C. MIXT .d A. B. Weals. lly the matt al the meat. oiler stoat Cy east yein golima were declared to have node wrier Amp de gaolers themwdese hr commissions in those Inarams et the may nal we malleable to military par. nen pme•mmat sal WI fartilmen• an the attack and defence of Wrenn is wed sward liewy, an to the modem ten. j Ins hal sin the hall-yeer, acoapteted the ROM at peadlnolowd eimseds• werala, mad tnente.sta to the Moil emaereadala at Ind or he the held and Kato iinteutunue. EQUITY COUILTB--Yerrnsuuir. Wore the Lord Chanottior. BIRDERT AND ANOTHES v. Mo ßales.—CriSTlON WHE THER THIS COSTS ALLOWED TO • PAL east LITIGANT SHOULD BB Perenz on Divas Cosra.—The plaintiffs in this ease filed their bill in 1843 for the purpose of restraining the defendants from infringing a patent of which the plain tiffs are the usignue. A motion made by them for an in ' junction for that purpose was refuted by the Vice-Chancellor of England with liberty to bring an action at law. The plaintiffs, finding that the defendant obtained an order to defend in formh pauperis, brought no action, but took en ex gaits order in 1844 to dismiss their bill s. with pauper costs," to be paid to the defendant. Nothing was done in that order untillB4B,when the defendant applied by his counsel to the Vice-Chancellor to correct the order by leaving out the word " pauper." His Honour refused to do that, but he modified the order to the effect that in the taxation of tho costs the muter should have regard to the fact that the de fendant had obtained an order to defend in forma pauperis, the mussel for both parties consenting to that ft rm of order, with the view of ascertaining the practice of taxation in such cams. The taxing-nester, under that order, certified the defendant's costs at 71. 9s. 6d., which was just the sum he was out of pocket, without say allowance of fees to the coun eel or solicitors who had been usigned to him. The de fendant presented a petition to the Vice-Chancellor for leave to except to the certificate, which his H too r thereupon re fined back to the taxing-master to review, and to tax the defendant his oats as " dives" costs. Mr. M. James now appeared for the plaintiffs in support of a petition of appeal against the Vice•Chaucallor's said order, and contended that the true principle of taxing coda for a defendant in forma pooped' was to allow Hen the costs out of pocket only. By an order of Lord Cluendon (Beams' orders in Chancery, 215), no ft* or reward shall be taken by counsel or solicitor Inn a person admitted to sue i.l Soma pauperis for the despatch of his business, while he continues in that form. The dismissal of the bill 'did not take the de fendant out of the • uper. He relied on the eau of " Dame rßusse l l" c i pa Dickens), as • cue gaits in point with the present, and cited some *ben. Mr. Rolt, for the defendant, contended that the Vice- Chancellor's order reterrin4 back the taxing-master's certifi cate for the purpoie of giving the defendant " dives" COKE, was right The Lord Chancellor said, that there might be a gon dola as to the practice in taxation of costs, if the order diamissing the bill mentioned a &aimed " with costs" gem rally bat*. order had the speed direction, to " have re • Narita the feet that the defendant was admitted to defend illegromPolL" 'rh• gra aphid the order to [KIWI the . neset meet be allowed. Mr lelt then wed (upon notice), that the Vice-Chan math Mews/ ardor, indseting those word. of direction to the tetharemehr, to have regard to the fact that the diandeat wee admit ted to defend in facet pauperis, be Amid, by Whit( out these words. lie questioned the me nders of Dirkeees report of " Dense e. Ramtll," and deed a ems of " Wa ll op a. Warburton" (2 Cox., 410), in which the wets of • peeper defendant were taxed as " dives" =Nundir a ewes ordering geserilly the coots of all 10 be taxed. Th• reams of the rate was, that though smog 6•1 solicitor give their aselstanes to • pauper to do ting himself, they did not give their labour end time gratui tously to his antagonist, but he is obliged to pay full costs to the emeesestul pauper, who recovers costs against him. B e cited " Karam ir. Chore " (6 Vet., 233), and other cases there mentioned. The Mader of the an decided dif ferently in " Stafford v. Higginbotham" (2 Kees, 147), but said also that the authorities on the question could not be re candled, and weed with Lard Eldon that the court had a discretion in tech case. In "Roberts o. Lloyd" (2 Britten 376), the Mader of the Rolla gave a pauper succeeding in the; suit the ordinary outs. It is of great importance to lay down • rule for the guidance of parties in this matter of uneerteia practice. The Lord Chancellor said he could well understand how a plaintiff succeeding in his mum should have "dies" coed, for by succeeding he was no loager is the condition in which be was when he obtained the order to sue in fermi paaperis, that is, that he was not worth 51. The Vice-Chancellor, in sending the certificate in this CYO back to the taxing master, without tayint anything ot the order for taxation, which he himself had made, must have been of opinion that that order wax right. Mr. James contended that that order was right ; it was made alter full argument oa behalf of the defendant. The practice of taxing to a pauper defendant in equity, such costs only as he paid out of pocket, wee founded ea the right prin ciple as laid down in' Deane o. Russell." The rule was so stated in Smith's practice. The Lord Chancellor.—lf a pauper is entitled under the general order, to pauper costs only, why did you get the special order to have regard to his being a pauper ? Mr. Jetsam—The order was so drawn up by the officer who put in those words, and it is said to be the usual form at the Rolls. The Lord Chancellor sold that he agreed in the position that the counsel and solicitor assigned to a pauper gave their counsel and aid to the pauper, and not to the opposite party, who is not entitled to an exemption from payment for those services. Although he concurred in that principle, still if the practice was the other way it ought not to be overruled without inquiry, which he would direct to be made. At the riga, of the court ids lordship said be had just received the unanimous opinion of the taxing-marten, to the effect that the practice was to tax pauper costs only to a pauper defendant. The court was occupied the greeter part of the day in hearing counsel in an appeal of " Stiles e. Guy," an old cam relating to the liability of trainees for the default of a co trustee—transferred from the Bachequer in equity to these courts under the act for abolishing the former court. — The arguments were not concluded. IN as B•08TBR, • LI:NATIC.—Mr. Wood supported a petition of Mrs. Waddell, the mother and committee of the person of the lunatic, for confirmation of the master's report, made in pursuance of an order to inquire into the debts and liabilities incurred to tradespeople and servants on account of the lunatic.—Mr. J. l'arker opposed the petition on behalf of the committee of the estate, on the ground that some items of debt were admitted without proof, and some just demands were excluded.—Mr. Craig also, on behalf of Miss Hopwood, objected to the report on the ground that she, who is the governess and companion of Miss Bageter, the lunatic, was put on the footing of a servant, and allowed a salary at the rate of 30f. a year only, instead of 1001., to which she was entitled.—Mr. Rolt aLo orpoaed it on behalf of Mr. Vial (as we understood) who had some time ago presented a petition complaining of the treat ment of the lunatic by the committee of the pm son.—lt appeared from the discussion between the counsel that an allowance of 1,0001. a year was granted by an order of the Lord Chancellor for the maintenance of the lunatic; that her mother,with whom as committee of the m y= she resides, has been under embarrassments, on account of the debts of Mr. Waddell, her present husband, who resides abroad, and that it would seem u if the pressing demands of these creditors got precedence over the debts inconied on account of the lunatic. The Lord Chancellor, after adverting to the circumstance that notwithstanding the large allowance of 1,0001. a year for the maintenance of the lunatic, complaints should be so frequently made that tradespeople and other creditors were not paid, said exp . 's= Lions were necessary, and he would appoint a day next week to sea Miss Bagster ; and the petitions now before the court, and any others that were to be presented, might be brought in next Friday. Before the Master of the Rolla Kato HT O. MARJORIRANKS.-8111T TO SST *SIDI DEEDS ON UROVND OP Fuvu DISMISSED WITH COIITS.—The Master of the Rolls, in giving judgment in this case, which was bend at great length before the long vacation, stated that the plaintiff Henna Lautour, by a teed dated ler Nov. 1825 entered into a partnership with certain other parties for the cultivation of large tracts of land in New South Wales and Van Diemen's Land, which had been originally granted by the crown to one Thomas, who was one of the partners in the coucere, the ether veneers 'Miele General lauteur. Col. Elphinstone, It. bane , ter Z. anus, ann ev. nenizaw. The object of the partnership was the establishment of repo sitories for the beeeding_and sale of all kinds of tattle and growing various crops. The parties were to be Interested as tenants in common. Soon after the execution of the deed, Thomas was sent out to the colony to manage the property, and Messrs. Marjeribanks and Co. were employed as the agents in London, to send out stock, he. Thomas did net give satisfactisn, and in June, 1827, a deed was ex dissolving the p a rtnership as to Thome', and the power attorney given him to carry on the concern in the many was revoked, and other ag at were employed. Heedlaw afterwards assigned his share to Archibald Majoribenksoilie thereupon became a partner, and he dying, his share beams vested in the defendant, Stewart Marionanks, his beosnal representative • rester expense was incurred in eanyins es the undertak ing than the parties had expected, mad Oto Pan pects of the concern continued long to be very disosuregiag. Stewart Mujoribenks, the surviving partner in the firm sr Marjoribanks and Co., took Ferrero se a partner in hie ball. mess, and they continued to set as the Larks opals of ' concern, and made advances of mosey esitemy M en. Ova l tributions were required from the pinmaa to wow ohm' advances, and calls „ere made. Themaldhieliene from the plaintiff Leanne fell .. greatly bee smile, __Zi l = engaged in other speculations in the 'dewhe lateadal la leave England. 'There was due from h im at Oat lim 2,4001., and not being able to pay all, he expressed his iellim tion to pay so much as would reduce the debt to lASI, and the other partners agreed, on this undentandial s to allow 1,0001. to remain due to the concern from him. Oa Oa 4th of Au 1829, a deed was entered into, whaft Lantoar sesiened his g., share in the partnership to ea ganks and Ferrara, in trust, to sell, and out of Hsi le pay the 1,0001., and all further sums Lags owe for calls, and subject thereto, Oa Lautan. And Lsra tour appointed Marjoribanks and Ferrets iiii elleesige Mint for him as to the partnership affairs, and ba aseminted not to interfere with the management mad dirosliaa of ail& Though not alleged in the bill, it was aOsimpod In be uqg u in the argument, that this nsmiling Omni imputing fraud or oppression to the delimitate. = L eas so ground for such imputation, and; having read the cone. epondeace, he was not surprised that the other desired to Ruud themselves against Lautour's in in the concern either in England or the colony. LaMar did not reduce the debt to 1,0001. at the time the deed wee iniiii executed, but he p a id 1,0001. in September and thereby reduced it to 1,4001 . It appeared that the tiff could net pay the debt, and in 1830 Isis wee In debt, and in May of that year he was decimal a He tried to get the commission of bonkripsy_ 'upgraded, and war desirous to go out to the colony. The attar partners were inconvenienced by the position of Latimer Weenie, P the proceedings to supersede the somminina. Useyd e irl know whether to treat him as a wawa. semi Ory wage anxious no doubt to get rid of him. 'Whilst Lenten was also anxious to supersede the emulation, and go out to the colony, and to take charge ef the concern. In May, 1831, it was represented to Lautour that he was liable f0r35001. foe cells, and that his interest in the concern was worth nothing; and an offer was made to give hint 2601., and to release him from his debt, for his interest in the concern. The plaintiff tried to get a larger sum, but ultimately sensed to accept these terms. This arrangement was consi dered by the parties as a binding agreement, so far as having regard to the existence of the commission it could be. But the com pletion of the agreement was suspended in coesequeoce of I Lentour not Melia done the acts required of him, to obtain a supersedeas. In 1836 an agreement was entered into to complete the arrangement of 1831, notwithstanding the supersedes, bad not bten obtained. Latour was told there wee then due from him 6,4391. He expressed no wish to examine the accounts, end declined to have any bagel assist ance. Ise May, 1836, the arrangement of 1831 was nom-' pleted, by a deed of that date ; by which, in considerationof the 6,4371. due from him, and 2501 , paid to him, Linton released all his share in the artnership tothe other partners. In 1838 he obtained an order superseding his bank ruptcy, and ordering a conveyance to be made to a trustee for him of all his interest in the partnership con cern and accordingly he nominated Knight, the co-plaintiff, as hi s trustee. In Much, 1839, he filed his till to Bet said. the deeds of August, 1829, and May, 1838, for fraud and en inadequate consideration. The Nll alleged that the plea tiff was not acquainted with the business of the partnership, and that having fallen into embarrassment his coponaggs firmed a scheme to get his share from him at an inadequate price, and represented the concern as less flourishing then it was. It was not true that the plaintiff was unacquainted with the Dwane, and took no part in the management. Till August, 1829, he took an active part in it. All the Foremen depended on the accounts of agents, and were on equal terms ; unless perhaps Latour, from his experience, possessed more knowledge than the others. No doubt Lautour was in embarrassments, but it did net appear that his partners bad any . concern with them. His failure to pa his contri butions inconvenienced his partners, and made it important for them to obtain security and some control over him, but the plaintiff had failed !is impeach the deed of August, 1829. No unfair advantage was taken of him. Looking at the accounts kept for all the partners, it seemed very pro bable that if in 1831 the property had been sold nothing would have been found coming to Lutonr for his share. The arrangement then entered into was binding on him, and be would have been compelled by this court to complete it. The deed of 1836 was copied from a draft settled by his solicitors in 1831, and he was of opinion that the plaintiff was not induced to execute it by any tar rs~epprrtearmstatlon or ononsiesat wharves ; and that no infer adveatsge was taken el his divisor. Poverty and &Uses wen not 11101111 sailleisat meads to set aside a deed, *see being no herd pressrod. It was net proved that the pier tlrs interest was of greater valise than the via grin Is it Bat tits guidon of value was set sionseia4 if this. was no ahem !Pam. er asisnsprossatation, or band. Up to August, len, Lorre knew the star of the assern and its raspier, sad arising took places between that tiro sod Wl,lB3lsarieft riming the prospects of the esessra. The plaintiff was tlisd to =MUM the eresuats, bat ke did not require it. and ha believed If an laretise. tion bad been odor Ibr„ it word not have been erred. There was nothing in the otedast of the Wm purrs showiag a dein to sorer myrtle' ; and thin was no ash cendnot es their past se is a sort of equity mitt to be dotard fraud. er a grand for setting aide the deer. He should themes drubs the bill with rota. Ban the Vke.a.semilor of Engin& Ex PANTS THZ WARD= AND AIOUTTANTS OF 1711 Towx AND Fill SCHOOL or Lotrre.--Cowns OF DIFIND IWO A SUIT TO El PAID OCT OF TIC PURCHAIIII-MONIT UPON LAND NEMO TOXIN BY A COMPANT.—Thin WAS a petition presented on behalf of the warden and six assistants of the town of Louth sad Free School of King Eiward VI., for the pigment out of court of a suns of money paid in by the But Lincolnshire Railway Company, upon the purchase of certain lands required by the oompany.—Mr, Nelda, in support of the petition, asked that the petitioners might be at liberty to pa/ ; oit i t iss of the fund certain noses incurred by them in ides a snit instituted by the mayor and alder men of Loath • the petitioners, in which suit the title of the petitioners to the land was called in question. The cons now asked for were over and above what had been ordered to be paid by the plaintiff. to the suit. It was con tended that the court had power to allow these coats under the 69th section of the Lands Clauses Acts, the terms of which were, " any debt or incumbent* affecting the lands taken by the company."—The Vice-Chanceaor considered that these costs came within the manning of the clause, and granted the applkatlea. Bereft MouMumeellor Knight Bross. Er PARTS, TRINITI CHUIMEL Sr. ANDREW'S Hoz, BOlUt.—Counca BUILDING Acts.—This war • petition presented under Sir Samuel Romilly's Act (62 Geo. III.), and the Church Building Acta, for the division of certain charitable property among the district parishes, into which the parish of St. Andrew's Holborn is divided. It appeared that the population of the parish was 35,000 in 1834, when Trinity Chapel was consecrated for the district of Gray's lon, sad St. Peter's Chapel for the district of 'Saffron Hill. A portion of the charity estate was comprised in the seizures made of lands in the City of London, supposed to have been concealed from the crown, and war afterwards, in 1620, granted by the crown to the then Mayor and Cham berlain of the City of London, who, by • deed of Much 22, 1621, conveyed the estate to the rector and churchwardens and thirty-nine parishioner of St. Andrew's Holborn, upon trust that they and the trustees, from time to time, should epply the rents to the reparation and amendment of the fabric of the church, as need should require, and to and fur such other charitable and necessary uses, as should be thought meet in the parish, in such sort as had been accustomed. This portion of the estates produced a rental of 1,3501., but arum of 3,4001. had been borrowed upon the security of it.—The Vice• Chancellor said that the income mast be first applied in payment of the expense of collec tion and management, and the net surplus applied in pay ment of the charge" expressed by the deed, and afterwards between the new districts and the rest of the parish.—A re (aurae was directed to the master to settle the amount re quired for the :reparation and amending the fabric of the church of St. Andrew's Holborn, and to apportion the re licks among the districts and the rest of the parish accord iogly, and the muter was to have regard to any special circumstances as to the right (if any) of the rector to be provided with a residence out of the fund, with liberty to state special circumstances, and the master was to approve of schemes as to the application of the funds apportioned to the new districts, Wore Vice-Chancellor Mgr/mi. NIXON O. THE TAPP VALE RAILWAY COMPANT.—CON TEACT.—Tho plaintiff in this case had contracted to do cer tain works for the defendants, at prices specified in 'schedule to the °entree, which was in writing. The contract also contained a provision to the effect that, open a written order under the seal of the company or under the hand of their engineer, the plaintiff would execute extra works at prices also specified in the scheduis. In the progress of the works eonrible extra work was found necessary, and the plain tiff, by the direction of the company', engineer, performed suck extra work, but without a wrat ten order. The WU wu filed for an account of work done by the plaintiff, and for payment of what should be found due to him in respect thereof. The plaintiff had made a claim before the meatar in respect of extra works, upon the footing of the prices mentioned in the written contract; and such claim had been allowed by the mute. who, however, had not certified whether the works were e xtra works performed under the written contract with the company or lot. To this report the company excepted, and the question upon the exception was whether, at the order for extra work had not been given in writing, the plaintiff wu entitled to chore's for suck work upon the scale of prices e Astound in the schedule to the written contract. The argument wu not concluded at the rising of the court. BAIL COURT.—Yzervanay. Snap la 9•6oo.—lsetore tar. Justice raMISON. Tea QUEEN O. VIZ JUSTICIA or BIMMINONAM.—LIA. !MLITT or LITERARY INSTITUTIONS TO TOM PAYMENT OP ' POOM•R•Tes.lar. Slalom moved. on behalf of the over e.v.• DI& Ats a .alc, *a Wilhasa• ea/ the other justices of that town, to show cause why they should not issue their warrant of distress against certain parties liable to pay . poox-rates for the premises known by the name of the Bamaghans Literary Institution. The magishates had refused to issue their warrant, believing that under the 6 and 7 Vict., c. 36, scientific and literary societies were not liable to pay poor-rates. The institution which it was sought to render liable for the rates (paid for the last time is 1845) was sustained by a cer tain number of members, who paid an tread subscription of two guineas each. Now, the act of parliament to which he had referred, enacted that societies of this kind, to be exempt from the payment of poor-rates, should bo supported by voluntary contributions. In the argument in the case of the " Queen o. Phillips" (Bth Queen's Bench reports) it was contended that parties who enjoyed the pleasure of reading the papers in a public room could not be said to belong to en institution supported by voluntary contributions within the meaning of the act. It was urged that it ra ther referred to such as mechanics' institutions where parties in the humbler class of life were admitted upon the payment of a small sum, and enabled to turn the knowledge they there acquired to a profitable mount. The sole point upon which the 'Queen ~Phillips" wee determined was, that by the act of par liament it was provided that no society or institution should he exempt from the payment of poor-rates where any bonus should be divided by the society (and amongst the rules of the Birmingham newsroom there was no provition to the contrary) and hence the court held that the defendant was liable.—Xr. Justice Patteson You would We out this institution in question to be a mere club I—Mr. Miller thought that it wee nothing more nor lava. The persons who paid their money and subscribed to the rules of the Bir mingham Literary and Scientific Institution, he contended, entered into a contract. The first rule of that institution was, that on the payment of two (guineas a year the party AMA be entitled to all the privileges of the society. The second rule provided that it thi subscription remained three months in armor, the librarian should writs and inform the member of the fact; and that until the money was paid finch member should be deprived of all his privileges. The 3rd rule enabled a member to transfer hie interest in the society. That clearly showed , hat it was a contract entered into between the individual and the institution. There was also another pant in the "Queen tr. Phillips" which likewise arose in the cam now before the court which was, that as the parties sought to be rendered liable had not appealed against the rate it was now too late to object to it. That had been daefded by the C , urt of Queen's Bench in the me X the " Governors of the Poor of Bristol o. Waite," 6 Add and Ellis. Under these circumstances, he trusted his lordship would grant a rule.—Mr. Justice Palms: I think the matt!r ought to be inquired into. Take a role nisi. COURT OF COMMON PLEAB.—FtenitDLT. Sittings in Banco. Sterne e. DIARBACK.—Mr. Justine Maul* delivered the judgment of the court in this cue. It wan an action by in dorses of two bills of exchange, against the defendant as acceptor. The defence sat up was the coverture of the drawer to the effect that the drawer of the bills was at the time when** bills were drawn, and lathe time of their being indorsed by her to the plaintiff, a married woman. The c oi s ilerisetion, and which arose neon demurrer to the repli , was, whether the defendant having admitted the capacity of the drawer to draw the bills, by his acceptance of them, could now allege her overture in his discharge. The court said then having been no alteration of status in her, between the periods of drawing and indorsing the bills in question, the defendant was not to be allowed to set up her coverture in impeachment of her indorsement, any more than he could deny her power to draw the bills.—Judg ment for the plaintiff accordingly. COURT OF EXCHEQUER —YIIaTERDI4. *Minnie In Be.nco ANOILL O. WORSLEY, LIAKT.—BILL DISCOUNTING.— This was en action brought by the plaintiff, a manufac turing silversmith, is Penton-street, Haymarket, to recover 3001., the amount of a bill of exchange, at three months, drawn by one Anderson, and accepted by Sir William Wei:slay, the defendant. It was tried before the Lord Chief Baron at the segue of Hertford, when a verdict was re tuned for the defendant on the ground that the bill was ob tained from him by fraud. Mr. Berjeant Dowling now moved for • rule to show MUe why that verdict should not be set aaide, and a new trial had, on the ground that evi dence had been improperly received, and ales that the verdict was against evidence. The bill in question wu drawn on the 25th of February, 1547, and endorsed to the plaintiff on the 18th of Much following, when it was dis counted by the payment of 2181.5 e. in cash, to Anderson, and a silver soup tureen, valued at 721. 155.; the remaining 111. having been deducted as discount. At the trial the defend ant preyed that, in payment of the bill, he received another bill at 21 days, drawn by Anderson on a firm described as Btraubensi sad Co., who had advertised themselves as meneplenders. This bill was made payable at the Bank of England, bit, en preventing it there, the answer was, they knew nothing of such persons, Pad there was no account opened to their credit in the Bank of England. The plain tiff's son, who was called as a witness, said his father had sometimes dismanted kills, tut very seldom. He did not meld= the cashing of the bill in question a dimmer inured's, bet merely an ordinary mer cantile enamours. To support the plea of fraud suing I*e,. from Anderson to the defendant, de- seriptive of the advantageous terms upon which he could have the defendant's bills discounted, were tendered in evidence. They were objected to on the ground that the plaintiff could not be affected by communications passing between the defendant and a third pawn. The Lord Chief Baran, however, received the widows, and reserved leave to awe upon it. The learned serjeent then contended that the verdict was mann evidence. All the plaintiff had done was to charge at the rate of 20 per cent. discount, which wee a perfectly legal charge. He had given cash to a large amount, and a valuable tureen, which would bare been purchased at any time for the sum the plaintiff sold it for. It was gaits true that inquiries respecting the dc fondant had been reads at Mews. Glyn and Co.'s, the bankers, before the bill was discounted, and that they had reported favourably of him. They stated that he bad an 'mount at their bark, and that the bill would be paid when it nine to maturity. But considering the un certainties of such transactions, twenty per cent. could not be considered so exorbitant as to stamp the whole transaction with fraud, as the verdict bad done, although there was no other evidence of any fraud on the p . .srntiff's part.—The Lord Chief Baron raid that in his opinion the verdict was a very proper one. He was perfectly satisfied with it, and he would not have been satisfied if it was otherwise. He felt it . . to be his duty as the Judge w►o tried the ease, to state his opinion respecting it to the court.—The rule was refused on this ground, but granted on the point as to the reception of bur:otter evidence. Nat Pads at °dial:lll.—More Mr. Baroa Platt and • London common jury. Awn v. Lteent—Luent.—This was an action to recover compensation in dunes for en alleged libel on the charac ter of the plaintiff, an attorney's Aerk, published by Mr. E. Lloyd, the printer and proprietor of Lloyd's Weekly London Newspaper. The plaintiff, who sued in formal pauperis, stated his own cue, from which it appeared that in the month et June, 1844, he was charged before Mr. Brou3hton, the sitting magistrate at the Clerkenwell police court, with moulting and maltreating his wife, and sentenced to pay a fine of 11, or suffer two months' imprisonment. In default of payment the plaintiff underwent the term of imprisonment. On the 30th of June a report of the case was published in the police intelligence in the defendant's paper in these terms : CLEItIiriWELL.—A Barran. Henry Haynes ~ inarA), an attornees clerk, was charged with maltreating Mama, his wife. The complainant, ebb is within • few days of her woad:errant, came into court on Tuesday, her face being covered with cute and contusions, and her dram stained with blood. She seemed to be in the greatest distress of mind, and entreated of the magistrate towed, her from her heabrod'e violence, as she feared he would murder her. —Mr. Broughton, who presided, issued an inunaliate war rant, and the prisoner Ins brought up in an hour after by Cale, the warrant officer. It apreared that the coin- Oidnant and her husband, with their two chidren, occupy a mieerabie apartment, for which they pay 2a. 3d. a week at 21, Collier-etreet, Pentonville. They have been married about six years, and the poor woman declared that from the very Bra week of her marriage he bed ill-treated her. On the previous morning they had not • morsel of food fir breakfast. At eleven o'clock she left the pri soner slid her two little children, and honing been brought up to the dressmaking busintee, went out to a poor woman named Hayes. re siding in the same greet, worked for some hours at a dress, and re ceived 61. Immediately on receipt of the trifle, she purchased a red herring, some bread, and some tea, and went home that they might all share the meal. The prisoner waa out, but 'besought everywhere for Iron, and at length herself and children reluctantly sat down to the ;Ilea without him. In a few bows afterwards he came home in Isquor. He had been at Doetore-commons on profeesional Inkiness, but had spent his fee at the public-house. Ho went to the house of Mrs. Hayes, to which hire wile kid returned to finish the needlework, and rudely entering the house be dragged his wife down stairs and behaved with such violence rower& her that a female lodger fainted. Having got his wife home he went to bed, but arse about an hour after. Hie wife was atillsewing in the room, and with out having received any provocation he knocked her down. She some, and was approaching the dour, when the prisoner dragged her bock, knocked her down a second time sad beat her so that the blood towed profusely from her nose and mouth. The unfortunate woman faintly sersemmt " Murder," and her aka were heard; but, when asidetanee onteed. she was exhausted and amid epeechlein. The blood corithenei he stream front her head, and it was stated that she had award Mediae mansions on her breast and shoulders. Pearal whoa= gem examined, who described the oomplainiutt as an iwiwiltiam, sober, poor woman, exceedingly attached to her gym. me re. mariaMe foe her forbearance and kind disposition tae de ks hr. band. The prisoner appealed to the magistrate to deal Iniettly_with him, wawa of his poverty, and to the reporters not lb puha& Ms case. Ile said he would behave better, if allowed to go home me live with his wife. The complainant, crying bitterly, said she would Tether drown herself, sooner than be obliged to live a Biz& ow with him. If he kept away from her, she would caddie Is nipped herself and little children. Mr. Br oughton declared he hal seldom heard of greater brutality than the prironeea He weadd pretence him to pay • Bs of H., or two months' imprisonment, sal he regretted the law did not permit him to increase the punishment. The worthy magistrate gave rhe poor woman a trifle from the poor box. Teen were several pleas on the record, but the libel com plained of was substantially this—that the report war greatly exaggerated and overcaloured, or, as the plaintiff phrased it, t. inflamed," to the damage of his character. The damages were laid at 5001. The defendant pleaded not guilty to the publication of the libel ; secondly, denying the technical al legations of the plaintiff, that the report was inconsistent wink the evidence adduced before the police-magistrate ; and, thirdly, notification of the report. Evidence of the proprietorship of the defendant having been adduced, Mr. Humfreys, for the defence, stated that the report in question, according to the usual practice with weekly journalists, had been copied from a daily newspaper. lie untended that the report complained of contained a fair and impartial statement of the ease, and that the present action was a barefaced attempt to extort money. Soon after ' the action was commenced, the defendant baring been ad vised to make it a special jury ease, the plaintiff addressed a letter to him, headed in tonnal terms " Myself V. Your self," in which he stated that perhaps the defendant was not aware that the expense of making it a special jury case, would amount to at least 201., of which the defendant must be out of pocket, besides the attorney's charges, and whether the plaintiff or defendant gained the cause the latter must be involved in costa. The plaintiff, therefore, proposed to the defendant that he, instead of paying this 201. (or a special jury, should pay it to him, he being will ing, without prejudice, to receive that sum as compensation for the injury which he had received. (Laughter.) The learned counsel then proceeded to call evidence in justification. —The Chief Clerk st Clerkenwell police office produced the depositions taken at the court. He had heard the report read, and his general impression was that it gave a correct account of the OM. lb. E. Broughton, Esq. , police magistrate of Marylebone, but who happened at the time to sit at Clerkenwell, said he had a clear recollection of having made some strong remarks in reference to the plaintiff's case, bat he could not recollect the precise words used, as many hundred cases had since occurred, too many of them being of a similar character. —The letter from the plaintiff to the defendant, referred is in Mr. Humfreys' speech, was then put in and read, after which, the plaintiff in_ person having called wittiest" in reply to the defuses, Mr. Humfreys declined to reply, and the plaintiff then addressed the jury in • running comment on the evidence. Mr. Baron Platt, in summing up, told the jury that if they thought the plea of justification placed upon the record wag not made out, then the plaintiff was entitled to their ver dict. His lordship pointed out where the evidence had failed fully to substantiate the statements in the report, bat left it to the jury to say whether any and what amount of damage* the plaintiff was entitled to under the drown stances of the case. The jury briefly consulted together, and returned a ver dict for the plaintiff on the two first pleas—damages, one farthing. On the third plea they found (or the defendant. A murmur of applause followed the announcement of the verdict. PALACE COURT, WE S TMINSTER -Y EBTERDLY. Before W. B. Brere, Eaq., Judge. RIGHT OP ATTORNEYS OF THE SUPERIOR COURTS TS PRACTISE IN THE PALACR COURT.—This qutstion sons argued at considerable length yesterday by Mr. Pulling, on the petition of Mr. P. Jacquet, who sought to break through the monopoly which limits the number of practising attor neys in this court to six, founding his application on the 6 & 7 Victoria, c. 73, the 27th section of which enacted that every person who should be admitted an attorney of the superbn courts at Westminster should be admitted an attor ney of any inferior court, on signing the rolls, and entitled to practise, on payment of the fees demanded, both of which Mr. Jacquet was prepared to do. The learned gentleman concluded by observing that he was sure, tufted of doing injury to the gentlemen privileged, it would increase their practice, as many persons would bring their cases to that court who were opposed to the operation of the New Small Debts Act.—Mr. Best having been also heard in support of the application—the Judge said the case was one of so much importance that he must defer giving judgment until the next court day. SECONDARIES' COURT.7YEsTERDAy. Before Mr. eecondery Jame,. M SEVILLE AND ANOTHER V. BOVIES.—This was a writ of inquiry to assess in an action brought by the plaintiffs, on behalt of the National and Provincial Bank of England, against Mrs. Holmes, u the widow and executrix of her de ceased husband, to recover 6301., the amount due to the branch bank at Boston, in Lincolnshire, by a person named Queenborough, for whom the deceased, Mr. Holmes, a Lin colnshire farmer, entered into a bond as security. Judgment was suffered to go by default. Evidence as to the amount due by Queenborough having been given, and Mr. Holmes' bond produced, the jury amused the damages at 6381. COURT OF BANKRUPTCY.—YansaDAT. Before Mr. Oariardertoger Pane.. _ Ax IxsottistrilieViii.:Richsrtlliarey 11 Read, licensed victualler, Northampton, came up for his last examination. He had kept the Saracen's-head-inn in Northampton, and had subsequently bad some interest in a public-house in Union-street, Southwark. His debts were about 1,2001 , as sets between 301 mid 401. As is frequently the ease in inch flats, no trade assignee had been chosen. Most of the cre ditors were resident in Northampton. No one opposed the bankrupt's pausing, sad after a few explanatory remarks from Mr. Lawrence as to the way in which his mother had olvained possession of his property, he was allowed to pass. — His Honour inquired it any one was new to be chosen as signee ; but Mr. Lawrence said that Mr. Harlith, oee of the principal creditors, had refused to act. The choice would therefore be deferred. Before Yr. Commiadoner Fon ~tan Ise. CASE OF A WINN' MERCHANT. —CAL. Howard, Wine Merchant, Tower-r reel, came up for his dart examination. — Mr. Dimmock, on the part of the assignees, raked for an adjournment, to give thus to investigate the accounts, wh.ch were eat/aglow—Mr. Ashurst, fir the bankrupt, con sent.l.—The bankrupt, on examination, stated that he owed upwards of 11,0001. in 1844, to a cr,ditor, which had since been reduced to between 2,0001. and 3,0001. A short time Had he had offered a composition of 3s. 62. in the pound. Had pledged or sold wine which he bought in 1848.—The solicitor for the feat urged the importance of having a thorouh investigation of the bankrupt's aff in.—The Com missioner said he should not hurry the thvatigation, as there were some items in the balance abeetwhich Truck him as demanding inquiry, particularly the amount of bad debts, and the mints paid for Interest and discount. —Mr. Ashurat suggested that an adjournment of a month would be *Oft- cleat, as the accounts were all made up, and only f waited the inapectioc of the assignees. Being further ex amined, the bankrupt 'Omitted that he had bought wine of Menu. Beasley, and sold it to Mr. Neeliug, for the Mlle price, receiving cash. Ultimately the examination was adjourned till the 22nd of Dec. The balance-sheet, ex tending from Dec. 31, 1844, to 22nd Sept. last, contained some rather heavy items; amongst which are the following: To creditors. 19,560!.; ditto, secured, 4,5751 ; 2,3961. ; profits, 3,7391. By good and doubtful debts, 2401.1 bad ditto, 6,2781. ; property in hands of creditors, 5,3171. trade expenses . 1,922.; domestic ditto, 2,0441. ; interest and discount, 3,6801.; losses, 1,6391.; deficiency, 7,4511.; lia bilities (as per entre), 2,3961. POLICE.-YESTEILDAL ------- GUILDHALL.—THIEVES AND THE LORD MAYOR'S SHOW.—There were no less than 22 thieves charged with picking pockets during the Lurd Mayor's procession, and, with the exception of one, they were all sentenced to terms of imprisonmentvarying from seven days (with a whipping), up to 10 days, 12 days, 14 days, one month, and two months. There were between 36 and 37 charges altogether. WORSIIIP.STREEr.— Ronneny 1m A Bostsnixo not:se.—.llnry Cnrk,ta Aloes Caoral, and he: servant, Marin Rosa , were re-examined on the chugs of having stolen a gold watch and appendages, a silver watch, and a variety of other articles, the property of Mrs. Pitman.—The facts of the case have already appearid.—The prim:men were committed. 11ARYLEBONE —Rotuma or FLATE.—J. Jennings was, for the second time, brought up on the charge of having been conc.rned in plucdcring the bows cf O. C. Rider t, Esq., Wimpoleetreet, Carendill , sguare, of plate an o her property to the amount of nearly 2001. The facts of the case have already appeared. Elizabeth Rogers (Mr. Rident's servant) and her brother-in-law, the prisoner Jen nings, had all been taken into t ustd;y on the 4th ult. After a lengthened examination they w-ro reminded, and Jen nings, against whom the evidence was not considered sufti closely srong to justify his further detention, was liberated. ttieee his discharge Jenni-gs, who, as it wilt be seen, bad made a confession of the robbery, was row again charged.— Charles Osborne said that on the Mho( Octeb-r the prisoner came to him, and asked him to lend him a great c at and • pair of boots. He did so, and he prowls dto return them in an hoar. The prisoner remarked that he had an idea that his wile would be recognised by a pawnbroker. and that he was afraid it would be a bad job. He told witness that it was he who committed the robbery, and that his wife let him in unknown to Rogers. her sister. He said that he conceited himself on the premises. end afterwards took the plate away and buried it, but note,' not tell where.—The prisoner, who said that the dilater part of what Osborne had stated was false, wax committed for trial. MONEY MARKET. FRIDAY BTENINO. Console were done at 861 to-day, bat left off at 861 to Z lower for money and time. Tire transactions were not so active, nor of such amount, as yesterday. As the settlement approaches the brokers and dealers are necessarily more occupied in making up their books for that event. Some very heavy speculative accounts have to be adjusted, which perhaps may have been partially arranged already. A quar ter of a million of Consols sold for time is, by report, placed to the name of one operator alone. It is understood, however, that bankers and discount houses, unable otherwise to employ their oppressively surplus funds, have been sufficiently liberal in lending stock upon easy terms. Money stock, notwithstand ing, was scarce, and a " backwardation " in the deal ings may still be observed consequent upon it. In the transactions for next account this " backwarda tion" was more conspicuous still, because there must be so much the more difficulty in procuring the loan of stock for a more distant period. Reduced Threes were 854 to 1. Three-and-a Quarter per Cents. 85; to 1, Exchequer Bills, 40s. to 13s. premium. Bank Stock, 188 to 191. Rather more business was done in foreign stocks in the after part of to-day, but chiefly of a speculative character. Mex'cans were quoted better at 211 to 4. Peruvian remained 32 to 4. Venezuelan were bought at 151, and ma? be called 13 to 17. Brazilian, 72 to 4. Buenos Ayres, 20 to 3. Chilian, 82 to 5. New Granada 121 to 14. Spanish Fives, lot to 111; the Threes, 221 to 31; Passives, 21 to 3. Por tuguese, 231 to 41. Dutch Two-and-a-Half per Cents., 45 to 6; the Fours, 69 to 70. Belgian, 70 to 2. Russian, 98 to 100. Danish, G 2 to 5. Foreign exchange was rather higher to-day on most places, without much business, but as a general feature more confidence in bills was displayed. On Amsterdam the negotiation were 12.21 to ; on Rotterdam, 12.21 to 3; on Antwerp. 25.85 to 90; on Hamburg, 13.111 to 1; on Frankfort, 122 to 4; on Petersburg, 36; to ;on Paris, at short, 2 5 . 50 to 55 ; on Vienna, 11.20 to 30 ; on Trieste. 11.20 to 25 ' • on Leghorn, 32.5 to 15 ; on Naples, 38; to 9 ; on Madrid, 47 ; on Lisbon, 511 to 4—all at 3 months bat Paris. There was some difficulty in negotiating paper on Vienna and Trieste at first, but ultimately it became more readily acceptable. The Bank of England averages for the week ending the 4th inst. give, as compared with those of the week preceding, t he following results : Circulation ions ........samee,era Ctrculauon active 18,551,05 Pub& decostts 2,415,027 Other deposits ..... 10,793,343 Ctoramment securities 1 b , Banking 12,769,012 Other aseurities Coin and Bullion Seven day and other hills 1,048,303 The Rest The notes in reserve were at 8,242,5751., in increase upon the week before 224,410/. BANK OS EN °LAN risc. u A . ccottA ivi rtoge Week ending Nov. 4. Notes trued £26.75i.660 Government Debt.... /31 2 ,013,100 Other Famed., .961900 sold Con and Bullion 12488,751 Rim 426,793,640 3 , OITVIVT. Govern:neat Seatrtelie Octal llvad Weight Asstd. ... £ 12.70.012 Otheruseuratat Notes ..., 8,242475 [Gold aid Silver Cole 6lvdta 403.79t3,0kk) TaiFfii Di IPropriston'Oapluil ....04.663,0010 Res 4 . 3,414.411; Oaon6. of ml 0 11:Fal SeTtax-dayand ulna gun 1.-48,593 £32,4244041 Nov. 8.1648. f. ittglIALL. Chief Ctiablor. RINDS. _ . . - lIBBLIBB Beak Moen. 186 3 per M. Ben. Aunt, 851 i IperCt Coen. Anne., SG/ iew 31 per Ct. Anne.. eSs IK6I L,n none.. 90 reap. esp. Oct. 10. 184) 8 3-16 0 India Bond.. 0.000, Pot Mo. under £1.00). 318 Pm. 1091111.091 6 per Ct. MMus 8d . ,. 841 1 per Ct. Unmans Bit, 13 I,trt r o c , 911) ° ,'. 1 11. 6 11 2 4 1 4 per et Postugue.e Bonds, M z et. ROW= , gt,.. iToViil — Sea Stock, Old AMYL. o'43i llounol. for Acct.,* Rich. NW, .Cl.OOO, 20.. March. 43 7.1 Juno, 37 40 pm. DMA. ;toe, ittd., Mkreb, 40 ; 1714:, ug eitfarld.. liardl, 40. IRJDI.- . . S Zl%: L itpant,lt IWL, dlr. front Dor. um, 1111 5 pa Cr.. tipant4h Punta Ha., 3 24 per U. Venezue:a 14". II per Cent. Dutch Ending% 13 4at 4 per Cent. Dutch Cert.. n. 94 RAILWAY NEWS. We had altogether a fair market for shares, bet rather flagging towards the dose. MEETING.—CALIDONIAN.—SpecioI.Veetifig.--London, Nov. Io.—Mr. J. J. 11. Johnstone In the chair.—Thor was • meeting to obtain the coven, of the shareholders to leave to the Edinburgh and Olsegeor Railway Coosrany, an interest and share in the Mating egret:sent. with the Scottish Central and Dundee, Perth, and Aber. ken Railways Junction Company. ; The supplementary report by the directors, for the use of the shareheiders tat this meeting, nitre:and in the Restressof Tuesday last! Tha Chairman said the niecung were aware that for a long time met my eerious attacks, circulated by the medium of the pima, had bees made on the direction of the Caledonian Railway, attacks which bad been at once injurious to the company's stork in tho market, and in the minds of a large portion of the staboaribers. It was essential that this state of things should not continue. Tb. line, it was to be remembered, in the first place was not yet completed —although be had every confidence that it would be coin. pined very shortly—and la the second place, having been working in very had times, afforded no practical teat hitherto of what its returns would be when it wait la full operation under improved cireumstances ; but be had every rea son to adopt the calculation that within the next lour or fire yens it. receipts from their present amount of 5,00 1 0. per week, would rise to fu11y . 10,0001., or 11,00 W. One very great advantage would be almost immediately conferred on the company by the contraction of the accommodations on the Glasgow and Edinkurgh line, which would enable Its directors to carry any extent of goods traffic. In reference to the junction with the northern lines, It was mid that these lines most inevitably bring their traMc to the *ftlWmian, whether they liked it or no, for that there was no chance of their ha iw adopted for any other company than the Caledonian ; but this was an entire fat. lacy. Before the arrangement made by this company with the Seat tle& central line, the latter had been offered legman:ft of 9 per cent, by the Edinburgh and Glasgow Company. Thearrangernenta with the bccuish Centre, and the Dundee and Aberdeen railways, be considered to be completed—;no, no)—as to the Scottish Midland, a junction with this lane still remained open far the determination of the Cale donian proprietors. Me had a I doubt that &junction with that line would be riot merely eak but advantageous. ha capital did not reach beyond 500,001 d. • and, running se it dui through forty-five miles of a productive country, it was surely not exoessive to anticipate from It a return of 1,0001. per week. At present, indeed, its returns were ally 4001. per week ; but then It had been only opened twelve weeks, and it me onlyduring sin weeks that goods or minerals had been carried on it. Dientistation had been expressed at one Mature in the otomptuition of the direction. To remove this objection he oouldetate that, ailirector having kindly resigned for that purpom, an English director would be immediately appointed in his pine, and several other English gentle. men would be pieced on the direction as toucans es occurred. Mb would add that when any question inn:Mee matter of pr inciple was to be submitted to the propriefiry, the meeting foe the purpose would be heed in London, Liverpool, or elsewhere in England, so as to suit the convenience of subscribers in the south. The Chairman con. clUded with moving the first resolution a "That this meeting au. diorama the director, to communicate and give over to the Llinlaurgh and Glasgow Railway Company, an interest and share tn the existing agreements with the Scottish Central, and Dundee, Perth, and Aber deen Railway Junction Companies, in regard to tee lease and working of the mid lines, and to enter into inset agreements and adopt ouch measures es may to found neoessary for that purpose." Ths es*tasin having been seconded, ' ' - T - C "; S Mr. Abbott said he desired to call the attention Wks Ilkary . • to the fret that in the list of shareholder. pubF in 3 y , anal . Z again in October last, the name. of no fewer Of the direeteed; • -A, ' did not appear. That gentlemen should m Adis Medea bra ecru... •! . 2 :• )), • gamy in which they were not shareholders kr monis:cats arrenl ' ' that the circumstance to which he referred req. herniediate • nation. Mr. Abbott then read the name. of ~ Fax Ikarlient !- 7 1 .t C 6 , 1 ' xi ' • :>. r -- .::!. 3 .... _ : ,;:j......1—•• --- - . • '7': ~a\"~lti.ll3 b'