The Express. — London, England, 1847-11-06 00:00:00

national inspectors with omnipotent Rowers must be a ppointed, and these coming down with fresh organs w ill detect impurities which the oldest inhabitant philosophically tolerates. Unless this be done; the aromatic exhalations following from the garde d ream cries of Edinburgh, as well as other indigenous pro prieties in that city will undoubtedly outlive the pre sent generation. The tide is continuing to set in against the destitu tion board. At the last meeting of the directors of the Scottish Widows' Fund, it was unanimously resolved that the balance of their subscription of .501. should be handed over to the infirmary ; and the treasurer of the infirmary was authorised accordingly is claim the money from the destitution committee. TAa GLASGOW EXHIBITION OP PAINTING Opens to-day. The collection is sung". Graham, Mc Nee, Wallace, and Gibson, are amongst the most "armsful contributors. There is also a carwoa by Noel Paton. PROVINCIAL. THE MANCIIENTER7IITMTER OF COMMERCE AND RAILWAY EXPENDITVIO3.—We inserted the memorial of the Chamber of Commerce to the railway commisrionen, to gether with the answer received, and stated that copies of b ot h documents had been transmitted to all the railway com panies which had obtained acts. Answers in general terms have 'hem received from the following companies : Leegarhire and Yorkshire; Leeds and Think, Amber gate, Nottingham, and Boston; London, Brighton, and I South Coast ; North Staffordshire; and Manchester, Buz- I ton, Matlock, and Midlands. More definite answers have I been received from other railway companies. The Shrews burn and Hereford express their concurrence in the prayer of the memorial. The Norfolk Railway Company do the same, and add that they have confined their works to the smallest compare. Loral Yarborough, chairman of the Man chester, Sheffield, and Lincolnshire, states that he is anxious, and he believes that the board generally is, to avoid the active prosecution of any works the completion of which is not of the most urgent importance. The Edinburgh and Glargow, without concurring in all the views set forth in the memorial, think it most desirable that powers should be obtained from parliament for facilitating the diorolution of companies, and for extending the periods far the completion of works. The Liverpool, Manchester, and Newcastle Junc tion fully concur in the prayer of the memorial, and state that they had already anticipated its object, by a letter from themselves to the railway commisaioutrs on the 14th of October. CHESHIRE. . EXTENSTVE ROBBIS - 111rTI :-. 1;i0TES.—On Thursday, two men. named Burgess and Mitchell, were charged before the m "nitrates at Birkenhead, with having been concerned in the robbery of Mrs. Mattison. The prisoners were brought up at the Guildhall Police-office, London, on Friday, and remanded until Tuesday last, when they were sent down to Liverpool, and from thence to Birkenhead. Mrs. Mattison stated that, on the 26th of October last, she resided at Caponhurst, hall, in Cheshire. On that day she went to Liverpool, and received, at Heywood's Bank, a 1001. Bank of England note, 8 sovereigns in gold, and 4 shillings and sixpence in silver. She went about the town during the du, visited a cook shop, and several other places, and crossed over to Monk's Ferry to go home; she travelled by a second clams carriage, for which she paid a shilling; no one was in the carriage when she entered it, but a woman afterwards got in, and cat down by her side for about three or four minutes and then went away. After the woman left a man came into the carriage; then five or six men got in, one of them being a stout man, something like the prisoner Burgess. She gut out of the railway carriage at Sutton station, and on going into the clerk's office dis covered that her pure, containing the money, was not in her pocket. On cross examination she said she could not identify any of the prisoners.—Emanuel Franklin said that, on the 26th of October last, he was acting for the firm of Franklin Brothers, Lord-street, bullion merchants. On the '27tb two persons came into the office, and wanted to change a 1001. Bank of England note. They wanted American dollar notes for it. He changed the note, and the prisoner Mitchell was one of the two men.—John Uurander. a bullion mer chant, of Waterloo-read, said the prisoner Burgess came to him on the 27th of October, accompanied by another man. Burgess said that he had a friend who hail a great number of notes to change. lie asked him where he got them from, and the prisoner said from America. Witness said he thought the notes had been stolen, probably from Franklin's. Prisoner said that he would go with him in a car to Frank lin's. Witness said he would not have anything to do with them, but be would keep the note he had, and he, the prisoner, might call in the morning. Witness then gave information to the policith—Adam Spellman, No. 10, Lona berdstreet, London, a bullion dealer, said he had seen both prisoners at the bar. On Thursday the 28th, the prisoner Mitchell came to his office, and asked him if he changed American notes, and on being told in the affirma tive, he produced a quantity of American notes. He said his name was Captain Broadwater, of the ship Wel lington, lying in the St. Katharine's.dock. He purchased the notes. About an hour after the prisoner Mitchell left ; he again returned, accompanied by Burgess. Burgess then asked him if he could change any more notes. and he told him he could not that day, but if they would call on the fol lowing day, he would be able to do so. The next day Burgess came and asked him to change the remainder of the notes. Made out an account of what they came to in English mosey. Witness then went out, telling the pri soner Burgess that he (witness) would return in about five minutes, which he did, with two policemen, aad gave Burgess into custody.—Mr. Samuel Minshull, of Chapel-Areet, recollected the proeecutrix calling at him office, on Tuesday, October 25, and showing him two Bank of Eng land notes, which she had received from Heywood'a bank. (The witness here read the memorandum ef the numbers and dates of the notes.) She remained in the office the whole time, aid the notes were not removed from out of her sight. This finished the whole of the evidence at present again t the prisoner, and Mr. Dowling, in whose custody the pri soners bad been brought from Liverpool to Birkenhead, and who examined the witnesses, said it would be necessary to remand 'hem until further evidence could be brought forth. The magistrates agreed to adjourn the cue until Wednes day next. The attorney for the prisoners applied to the magistrates that they might be allowed bail, but the appli cation was refused. LITERATURE. Free Trade and the Cotton Question with reference to India, tc. By FRANCIS CARNAL BROWN. Whoever is interested in the prosperity of our Indian empire, whether cotton manufacturer, ship owner, railroad proprietor, merchant, or legislator, ought to buy this pamphlet. It is a lucid statement of those facts which directly charge the sterility of one part of our Indian territories, and the miserable condi tion of the Ryot population in others, to the system of collecting the Company's revenue. The facts are well selected and forcibly put; and notwithstanding the intense interest which the exposure is calculated te excite, we perceive no attempt to exaggerate. All the assertions made are warranted by extracts from published returns, or from statements made by men of unquestionable veracity. The writer introduces his statements with a peti tion, addressed to the Board of Control, to allow a relaxation of duties sufficient to render the port of Cochin, on the western coast of the peninsula, an out let for the produce of many native states under our control, and consequently an inlet for English mann fat-tared goods. The petitioners, merchants at Coetie, represent the sovereigns of the states of Cochin and Travancore as willing to abolish the duties they levy to the interruption of commerce, if the British autho rities will do the same, and draw an inviting picture of the resources of the back country, which is acces sible from Cochin by means of navigable rivers. Since Cochin actually was an emporium of the kind which these petitioners desire to make it, both for Portuguese and Dutch successively, there seems no reason to doubt that the request will be taken into immediate considee..'nn by the Board of Trade, to whom we hear the Board Of Control has referred the matter. But as an Englishman, and one well acquainted with the ins and outs of Indian policy, Mr. Brown renders the country a service that no one in a less independent position, and still less any native, could attempt. Cotton has become an article of first necessity to this country, as furnishing to millions wherewith to buy their daily bread. We now draw three-fourths of our whole 'supply from very question able allies across the Atlantic, at a price that would make all India revel in wealth, and that would pour the largest gains into the pockets of our own indus trious population. It has been asked " How is it, that cotton is not grown in India ?" In the pamphlet before us the answer is so distinct and emphatic that we conceive the appeal to the good sense, the feelings, and, above all, to the interests of the British public, must be irresistible. We have no desire to take off the edge of the reader's anxiety to obtain full information on so im portant a subject by extracting copiously ; but, as a specimen of tne weight of corroborative testimony by which Mr. Brown supports his views (that indeed are widely shared), we subjoin a few striking passa ges. First, then, in allusion to the waste lands of great fertility in India, leaving the cultivated surface out of the question : " The extent of warm land capable of producing cotton, when com pared with that which producer, it at present, M very great In all the province. enumerated (Kattivrar, Guaerat, Candeish, Occur, the western part of the Nixam's dominion., the Southern Mahratta and Cansrese countries). Large a. Is the quantity of cotton now produced, the imprersuon of a stranger travelling through Beyer or Ceodeith would be that the country WY very inarrfectly cultivated. Here and there he would pawl large tracts of cult rated land, but he would also I comrtantly travel through many miles of country fully equal in natural resource', but destitute of population, which bad else where °obverted the ;angles into cultivated fields. He would also find, if he inquired into the history of the villages, that a very alight encouragement wan euilcient to attract cultivators supplied with such scanty mew ma there milked for tillage, and that they greeddy accepted terms which would be deemed hard by the most enterprising farmers in England. His whole impression would be, that a ootnparaUee trilling extension of the means now at work would gt eatly multiply the produce of the country, and that without any radical .snee of system. Where the district manager had given out waste land on cony terms, or where the village moneylender had advanced money for the purchase of sleek, the mine means would prothue almost Indefinitely the same effect in bringing back to the tih r z g li o a r z. nti i rel d y . dese not m rt e ed,.. t to he cultivators whore en .forefathers terprlro and lbgebuity may not effect a vast Improvement in the agricultare of Whet lot I feel couvineed that if we were to follow op and In I tbs which India now pommies far encouraging and Improving the seitvaties of waste land, we might extend her agricultural pro. duo to a degree which would hardly becredited."—Letter from Thos. Waimea% Am} late Revenue Commiasioner, Bombay, to Ind 747"=llbeljnian of th e Great reat Indian Peninsular Railway (tm. But when Isle. a collector once tried the experiment of inducing natives to occupy and cultivate some of these lands the effort wag met in the following manner: The enlightened and patriotic writer deteribee coui.tries which he himself tmverred and entirely superintended for many year. Ile did more a. 1.12 this. Without dimlniabing by one farthing the Immediate revenue he nett to collect from the land, but preparing a certain fund for Its vast future tscreaer, he granted to the natives laws of waste land, free from tat for a few years. for the ewer pupae of culti vating upon It cotton and the Mauritius sugar cane. The law, to attain perfection, regains to be manured end irrigated, and corm- quently demands a coesulembleprehmiruiry outlay. The satires joy fully accepted the leases, and set to work with the utmont alacrity and industry. What did the directors of the Rant India Company do on hearing of thla wise and prudent measure! The official gazette shall i answer for them : B , ;+;;bii - G",;;;;nment Gazette, 20th June, 1838.—" The Honourable the Court of Directors having been pleased to disapprove of the notifi cations of the 24th Fehr**, y and Ist August, MS, and of the let and 17th November, 1036, issued under the authority of government by the revenue ootmlasioner, granting certain esemptions from axons ment (land tag) to land cultivated with conoa and the Mauritius mum cane, and to direct that such notifications be immediately re called; the right honourable the governor to pleased hereby to cancel the said notifications from this date." In conformity with this pervraptory order, teams of waste land granted nearly four years helm by the authority of ms governor in coursed of Bombay, and upon the faith of which the keen had borrowed and spent their all, were cancelled at a moment's warning, and the Mama were turned out of postulation. If the reader ask why this should be done, the answer is that the system of East India revenue col lection is so vicious, and consequently so unsafe, that any inquiry exposes its authors to disgrace, and the success of any improvement is sure to lead to the question, why is not a better system introduced else where? But a better system is only practicable where merit, and knowledge of the language, man ners, and interests of the people, are sought as qualifi cations in appointments. But who could ever start so preposterous a notion as to make these a standard either for the patronage of Leadenhall-street or of Cannon-street? Take, for instance, the qualifications for a collector. Can a man who has ever heard of Adam Smith be a good instrument in drawing up documents like the following, or in enforcing them when diaobeyed: (Translation!.—Notice is hereby given by the principal collector in the province o Malabar. to the Mookhisthans ;headmen`, inhabit ants, and all persons reeding in the Division of Terooreengad, in the Tellicherry Nobler, of the Tale* of Cottyem, that the following lest bandy (tag-table), shall be Is force, in Aging the ffiretz (government) asserswients of the ensuing Malater year Percent. Pa cent. I Percent. Per Per cent ofun on 3talahar on on . levuts.4. Rice Coma Nut ' hotel Nut J ° :* 11 "t Lilu ' Lynda. Tray They True. impk .. c . n „ Canvey — 10 Toolaum l5 10 Verrehretun 15 10 10 to Dhanoo 20 20 10 Coornbum Meenuln Mehdunt Pedantry Tdeadunum 2O 25 10 flaring regulated the kids (revenue Mina forwarded the kbtbund chits (tai ;vipers), the and !Vote are to receive the NM!, and pay the amount of their respective kits !instalments) into the bands of the village Monegar, from the Ist within the 15th of each month, to COllll3l/41ce from the ensuing month of Canoe, (August and September), obtaining a receipt for payment of the same. Notice is hereby further given, that any person failing to discharge the demand of am one month against him, within the 15th of that month, shall forthwith be served with a summons, committed to gaol, and his property distrained and wild or satlifsetion of the public de mand wanted him, and that the defaulter shalt likewise be subiceted to all lows aridos from his failure; via.: Batts, interest (at 12 per cent.) on the sum due by him, tram the day of its failing due, and the charra u rtending the distraint and rule of his property. 17th of Chingum of the • Malabar year 999, corre- I Signed sponding with4be 21st Aug., Principal ColleCtor. 1824. To against Its being supoomed that there is ything pe culiarharsh in this prochmation, issued in Malabo:, I n annex an other, booed in another Mediae proTinea:— of the province of Ma dura, to all merchants% traders, and others, inhabitants of the town of Krelacurry.— .. The merchants of Keelacurry are required to enter into n rwermnent bond and cotenant with the clerk of the customs, the renter of the above town and district, making themselves responsibie for their good conduct, that they will not emuggle, nor caw any theft, nor incur any suspicion of fraud in the Castorn-honae duty, and they will act as follows i.-Ist. When dyers receive clothe from the in habitants in order to be dyed, they must bring them to the Cu. tom house and have them entered in the accounts, and after the cloths hare been dyed, the dyers are to bring them bock to the Custom boom in order to pay the duty on dyed cloths, and have them damped. —god. Weavers mast bring the cloths that have been wore everyday to the Custom-house, pay the duty upon them according to reguLotion, and after the cloths have been stamped, the weavers arc liberty to sell them.--3rd. Cbaonars, who climb palmyra trees (to draw the juice) must enter into the custom+ amount the quantity of mares sugar they manufachire, and having paid the duty upon It they are then at li berty to sell it to the merehanta.-4th. New cloths which wasbermen receive to wash are to be stamped with the government stamp. More over, when wasbermen receive coloured clothe, they are to see that the cloths had the fired stamp (before dying;, and also the stamp after they were dyed. If the cloths have not been so stamped the writhe... men are to bring them immediately to the caatome oltlcer.-3th. Those persons who disobey this order, and those who act contrary to It, shall be Imprisoned as booing evaded paying the government dues, and nth persona are liable to puniahment by the honourable govern ment, according to certain clauses Mid down in Regulation I, of 1812. p(tari lf e ed) bob-collector and magistrate.—Dated Mootco [By rely 1 1823 , 1912, sm. 21, clauses 1 and 2, magistrates are empowered to determine charges against persons defrauding the cus toms% to fine the offenders to the extent or re. IC*, 101., and in default of payment to andante them to hard labour for three months. Where the customs arc not rented, the criminal judge has the same power.] Let us conceive an assessment of a similar kind applied to cotton. What must be the result? Messrs. Forbes, of Bombay, write as follows : Bombay, Dec. I, 161 The crop of Surat and lISTOSSIS cotton this year will not be large, and 8,000 acres in the Baroaeb district alone are believed to be taken out of cotton cultivation, the prices now ruling not remunerating the cultivators." In 1848, three yearn later, the thnibilation of the staple trade of Bombay roused the go- vernor in council to assemble the committee mentioned in the text, composed of merchants and company's servants, before whom it has been establirbed, that upon every candy of Surat cotton, mating 80 yaws, or 61. at the port of shipment, the company have taken 46 rupees, or 41. 16s. as land-tax and sea-duty, leaving to the grower in Otherat 39 rupees, or 3/. 45., lea than one penny per pound (I 43-49 d.) as the whole return foe his eubeisteace, his labour and profit of culti vation; and that in other cotton provinces, where the land-tax to not so entendre as in this, the roads are on execrable, and the transport to the sea is rendered ro dilatory and costly, that the expense, together with the land-tax superadded, makes the production of cotton hams dble. Can any one wonder that a plant grown under active competition should go out of cultivation when 60 per cent. is deducted from the gross return by the crown ? When fine spinning was perfected in Lancashire, inquiry was made for Dacca cotton; what was the answer ? . . . . • The towline of Dacca, that beautiful manufacture which wee to Bengal what the manufacture of steam-engines is to England, abso lutely unsurpassed, has, withiraming memory, become utterly extinct. I passes positive proof that the cotton-plant from which It was fabri cated, grown immemorially on the rich beaks of the river Mune, hoe become extinct with it, and that the weavers have been swept elf the face of the earth. Well might Bishop Reber, writing from the city of Dacca In 1824, record : Race►, Mr. Masters the collector says, is, so I supposed, merely the wreck of its ancient grandeur. Its trade is reduced to one.eixteenth part of what it was; all its splendid build ings, the palates of its ancient Nawaithe, the factories and ehurchee of ' the Dutch, Be., all sunk into ruin."—Vol. 1., p. 185, 314 ed. Great part of the oppression exercised in India was permitted on the plea of keeping up the export trade to China. We extract the returns of the imports into Canton for four years. Bombay. Bengal. Modena American. Total. IR t 6 Bales. 200,255 13,371 32,108 2,098 250,632 1415 183,719 31,102 60,151 3,015 278,587 IBW 229,123 40,126 08,561 6,192 858,005 lath 231,540 231,540 The decline M oar cotton trade deserves particular attention. The commtapton of the raw material in no doubt seriously Interfered with by the Meresedog import of manufactured goods; but there is 4 much greater drawback In the exemsive land-tax imposed on the producer by the End India Company. The shipments of this article are now yearly decresalag. How does the revenue stand under these circum stances ? - - -. • . - -• ------ - According to the parliamentary figures of the directors in the account shore inentioned, the total chino upon the revenues of India for the year 1843-6, is eatlinated to amount to 18.991,8611.; the total receipts, also estimated, to 17,519,7431. deficit, 1,461,1161. Between the years 30th April, 1836. sod 30th April, 1817, the public debt of India has been increased by ■ sum of On the Ist of May, 1836, the cash balances in India and England were On the lot of Hay, 1846, they was 10,887,938 Diminution Sum expended In ten years beyond the revenue £21,571,698 Them has been received besides, during these ten years, an increase of about twelve millions of revenue over the preceding ten, making a total extra expenditure during the period of about 3d millions ; and yet with this iIICTSMIN, there in a present deficit estimated at 14 equal to between one-ninth and ono-tenth of the whole revenue.. . e have already exceeded our limits, but conclude with the qualifications which seem to please in a governor-general: My dear Fir,—When Lord Rardinge determined on convincing the people of India that we had beaten the Sikhs, by directing a pro cession of the captured gum through the provinces to the presi dency, one would suppme that he had been resolved to make the people pay for their il6belief and the trouble of convincing them ; for in truth they have had to pay to such a fashion u to make them wlah that the gum were ask on the other aide of the Sutlej rather ' than on this. however, I am disposed to attribute anything but such a feeling to his lordship, who, if he will condescend taread these few lines, to which, perhaps, Mr. Editor, you will drive hie notice, will, I doubt not, be t he first to repair his oventght in not providing proper means of draught for the guns. At the present moment the guns are crowring the Pone, from the Shaluited Into the Patna district. They have stuck in the sand, and it will be a work of days, I fear, to get them all to terra firma, notwithstanding elephants have been sent from Dinapoor to aid In them. The road in the neighbourhood of the present locality of guns is deserted by every description of traveller for fear of being Impressed to poll at them. This is what I have heard, Mr. Editor, but on good authority. Now 1.111 tell you what I have seen. For many days past, the bullocks of all, rich and poor, whether fit for draught or not, have teen seised by the police, and kept ready for the gum at different stations. Those who used • little palm-oil promptly have bad no reason to regret having done so, but those poor devils who had hardly the means of tilling their own bellies, much less ouch npaciau stomachs as the myrmidons of the pnVoe have, have been obliged to put up with the lam of their cattle for days, and the consequence at du. remon of the year will be, that in many eases they will be utterly ruined. It to true that the govern ment will pay them 4 as. per diem for each Maio& while halting, and 8 ans. when marching; but what is hat, Mr. Editor, to a poor agri eulturlat compared with the service. abb.:aide Lord flardinge little knows of the raillery and oppression that theme gum, merely for want of having government rattle to drag them, have caused all along the line of march, and how beati fy the poor lament the evil day oo which they were entered to be para ded through the provinces. What is done can not be now undone; but let his lordship lore not an hour in iseuing orders to theoommimariat to purchase, at any coat, a ruflicient num ber or bullock., horses, or elephants, to drag the puts the remainder of the way to Calcutta, and thus obviate their being a curse to the population Of the Mita thrOoln which they have yet to proceed. For TOLL/ own addiction, Mr. Editor, 1 give you my male and addrelL— aurae, Calcutta Overland Summary, Ike., 1818.; CLERICAL CONSECRATION AT 11•NSTONE, NEAR LEEDB.—On Thom day Lad the Ili hop of Ripon consecrated the handcome Beek church recently erected at Mansion*, a colliery district, In the parish of klar wick-111-Eitus t. at the expense of the ltev. W. H. Bathurst, MA.. the rector. The edifice, which Lin the early English style. is capable of containing from 200 to 300 perrons. It wee erected upon a piece of land given by E. Wand, Esq., of Chester-court, Selby, and Monotone, who also gave the requnito land for the churchyard, and for the site of the parsonage-house and garden. PRIFERXENTS.—Rey. J. Ambrose, Trimley St. Martin It, Suffolk; dio. Nora'. • 4231., with rtaidenee ; pat., J. Ambrare, Fac.. wen.—Bee, J. Busb: 8.A., to Threlkeld C., Cumberland, on the nomination of the Rev. T. Collinoon, perpetual curate. NAVAL. PORTSMOUTH, Nov. 45.—The Virago (st.), Com. Lunn, arrived this day from Gibe*liar. The Indus packet and the French steamer Vetoer, left Gibraltar on the 27th for the eastward. At the date of leaving (the lot inst.) the on l y vessel of war was the Portu guese cutler Cando de Thou., The Virago prooeeda to Woolwleb. Havok Poise, Noe. 4.—Satellite, 18, Com. Howlcy, sailed last evening for Portsmouth, to be paid oir—Fenguin, 6, Lieut. Corn. William Snainson, having been coppered and her defects made good, was unlocked so the 3rd.—Fly, le, COM. Oliver, was undocked on the 4th. A seam. named Hill, a hilst awaiting in rigging the b.orsprit of the Hy, fell into the dick on Torsday. the 2nd inst. Ile was 1U2112. Widely conveyed to the Royal Naval Hospital, but died on lus way there. ADMIRALTY, Nov. 6.—APPOINTMI74I7II.--Captiall.: C. Hope, to Trafalgar; Sir H. Lecke, to San Jae; I. N. Nott, to Coma; H. W. Bruce, to Queen. Commanders C. F. gebomberg, to San Josef; A. F. Little, to Queen: E. Collier, to Ocesa.--Surgeons ; J. Stirling, to Terrible; J. Clarke, to Mesmder.-Bexed Master : F.. B. Jackson, to Adder.—Astat.-sturgeons; J. glimpser (b.), to Meander; W. MISI shim, to Blawr.—Acting Aseld4Borgesn W. 11. Fitzpat rick, to Seagull; W. Coot, to Caledonia; J. B. Ricardo, to Victory.— Clerk IL newel', to Sidun.—Naval Cadets: It. A. Comberledge, to Meander; H. D. Grant, to Eagle.—Tttlrd Clam Assist. Engineers W. Austin. to Dasher; D.Clark, to Sidon.--Coast Guard : U. Doug Las, to Omit Guard. SPOII27NG. STEEPLE CIIASP--YarreaDAT.. The WoacasYsitsitt RE ilAgiiicag of 20 Kiva. each, 10 and S only If declared, with 100 added. Your mile. Gentlemen riders. 37 subs, 21 of whom declared. Mr. Little's Chandler, lOst 1010 (Owner) 1 Mr. Jones's bg by GlLiticus, 1 list Sib (Mr. Bretberton) 2 Mr. Uolman named Daddy Long Legs, tit 121 h .. .. ii..l2i4Seg) 3 The following also ran : —Jerry, lit 71b; Gavendash, 1 Ist 3111; Rough end Ready, llst ; Boxkeeper, bat 10 1 b ; St. Ruth, lost 1013; Sabine, lust 10lb ; Sparta, BM 21b; Standard Guard, 10st 210: Forest Bay, 9st 71b; and b g by Torn Brown, at 914 Betting: S to 1 agst Jerry. 5 to I agst Sabine, 6 to I apt St. Ruth, 7 to 1 sgst Rough and Ready, 10 to l agst b gby °lawns, 12 to I Wet Chandler, 30 to 1 agst Cavendish, and 12 to I each art the others. Won easy. Run in 11 min. At starting Standard Guard took the lead, followed by Sparta, llot4oint, Sabine, I handler, and abode( horse. well together, ()Lau ens and Cavendish being last of all except Chronometer. Chronome ter soon began to draw forwent and with this exception there was no great variation is going round the c..urse the first time, and coming again opposite the stand, Standard Guard still leading, closely fol lowed by lot-joint, Glaueus and Boakreper bringing op the rear. Alice Grey, however, who had been nearly thrown down, was some distance behind them. Standard Guard still continued his lead till coming to the fence leading from the course into the me.alows, which he was first over, but almost at the same moment Chronometer rushed at the fence, and went lathe beat with the rapidity of • shot. Ile did not, hover *MOM, eastatan his place, Tom Brown immediately after tub, the lead, which he oictinued up to the last fence previous to entering the course at the end, which he came up to with a lead of Or Mr lengths, but, unfortunately, his rider mistook the only leg lathe hedge, a right-hand one, and paned on the left side of it in -IthrM of the right. Ile 11.1 A, therefore, obliged to give up bin great ulnas Owe, and retrace his erring steps. In turning round, after re-oneme tag the fence, he came into collision with Forret Boy, who wait then about sixth or seventh. and both lostsome littleground in conerquenee, though neither fell. This mishap left the lead with Chandler, with Standard Guard ercond, Sabine, Daddy Longhair Chronometer, St. Ruth, and Forest Boy following. Chandler continued the head along the edge of the river, over the artificial fence, and up the hurdles at the end of the prow and rails leading to the artificial brook. Here Standard Guard resumed the lead, was first over the brook by two or three lengths, followed by Daddy Longtime, Sports, Chandler, and Sabine, all well up. After them caine Chronometer, blaucus, Jerry, et. Ruth, Rough-and. Ready, Lktvendish, and Beekeeper, the latter going apparently straight at the fence, but, changing hie mind at the tat moment, he jumped among the crowd on the right hand, fortunately without doing any writ)us harm, and thus ended the rate as far as he was concerned. Among the Lot were Alice Gray, Hot-joint (who seemed not ealy d ire, but overdone), and Tom Brown, the distance between the first and Last being very coneiderabk. Standard Guard main tained his lead round the corner end of the course the second time, again into the meadows end an tar as the fence to pond, followed by Chandler and Duddy Longlege. At the next fence Chronometer to* the right of the Sag and was obliged to return. Here, too, Tom Brows unfortunately fell into the next field, and in roiling over broke his back. From this point Chandler took up the front position, leaving the second and third place. to Standard Guard and Daddy, and making the pace very good. The Glencoe gelding, who had hitherto been Nah.thfithar • mecleu place, bream to draw to the front, and at the same time Si, Ruth mended hie position, and had a promising look. At the next fence but one, however, he and Sabine, jumping together at the same gap, came Into collinear in the air, and both fell into the next field. The race wan now not only over with them, but with all the °there, except Chandler, Daddy Longlegs, Glam., and Standard Guard, for at the next fence Jerry went on the left hand of the flag, when, of couree, the pace wan too good and the time too (Mort to rapair euth an error. At the next, Ahoe Gray and Hot-joint both fell, both an much behind that their chance was not a bit the worse for it, and here Spartan and Cavendish gave up; Chandler came first into the course, with Daddy Longterm second, Glaucue third, Standard Guard fourth ; the only hones who now continued running breidea them being Chronometer, Foreaboy, and Rough-and-Ready. As MOIL as he were in the course Glacoserent to the second place, but could never get within any such distance of Chandler, the latter winning mealy by three or four length', Daddy Longlegs beaten about a couple of lengths by Gismos; next came Stan dard Guard, Forest Boy, Chronometer, and Bough-and-Ready, but without being n ally in the race ; these ere all that pawed the poet. The race was run in 1I minute.. -Abridged from Beira Mfr. THZ WORCESTERSHIRE Far. HANDICAP HI. RDLERACZ of 10 moth each, with 10 added. Two mile heats; over six hurdles in each heat. Mr. Pearee's b g Jack, lOst 71b (tattoo) J + 2 1 Mr. W. Itankins's br m Teresa, G yrs, 1 Ist ..(Oliver) 2 0 1 0 Mr. Joseph Anderson's Chance, h.b., aged, 10st 71b (F. Wilson) 1 + 2 2 "'The following also ran : Variety. eked. lOst. 71b ; Pembroke, 10st ; Powick, 5 yrk 10st; auricula, Oct 71b • Jack, late knife and Steel, 1 yrs, get 71b; and Georgy, 1 yr., Oat 71b. The race we e not concluded, in oonseonence of the darkness; but Jack walked over for the stake. Ills claim was disputed. 11UNITN . G AP POI Npl FNTS. The Brighton holier. will meet on Monday, at Patents ; Wed_ . nesday, at the Race Course ; Friday, at the Dyke—at a quarter to 11. ' The Brookside Wien, on Monday, at Newmarket-hill; Thursday, at Telscombe Tye—at half-poet 10. The Crawley and Horsham hounds, on Monday, at Crawley Village; Wednesday, at West Grinstead; Friday, at llolmbosb-lodge—st a quarter to it. The East Essex hounds, on Tuesday, at Great Northey Wood; Saturday, at St. Anne's Castle—at hell-poet 10. The Dees Union hounds, on Wolnathy, at Tipree Meeting; Satur , da ihrEs '‘ eel and Suffolk hounds, on Tuesday, at the Berry St. Osyth Flat; Friday, at Ilintleaham-parkte—at half-pmt 10. The Donnington hounds, on Mmthy, at Catoek V llage' edneer day, at Little Eaton Tillage; Saturday, at Coleonon Village—at a quarter to 11. Mr. M. Ingram's bounds, on Monday, at Cubley Toll-gate ; Thurs day, at Drakelowe ; Saturday, at Rollesten—at 10. The Sherwood hariers, on Tuesday, at Mansfield arse;Unw Fri day, at Ilambleton-hill —at 11. The Milford hounds, on Monday, at Wale', Village ; Thursday, at %Inkhorn Hall ; Saturday, at Langwltb Lodge—at half-past 10. Mr. Lumlefa hounda, on Monday, at Barnby Moor; Tuesday, at Dinnington; Thursday, at Arnathorpe Village; Friday, at Nri ton Bar. • Mr IL Sutton's bounds, on Monday, at Houghtamon-the-Hill ; Tuesday, at Beaumsnor Park; Wednesday, at Orimstone Village; Thursday, at Holt; Friday, at Brudon Hall; Saturday, at Widmer pool Inn—at 11. Mr. Brearey's bestirs., on Tuesday, at Wichnor Bridges; Thursday, at Wlehnor Bridges; Saturday, at Sunning Hill, war Derby—at 11. Duke of Rutland's hounds, on Monday, at Dimaby Wood; Wednes day, at Evendan Wood; Thursday, at Cranwell—at half-pad 10. The Barlsworth hounds, on Tuesday, at Barnidale Bar; Thursday, at Fenwiek ; Saturday, at Badsworth Hall—at half-past 10. Earl of Harewood'a hounds on Mond& , at Coiling ham Bar ; Wed nesday, at Deigtdon Bar; Friday, at Tadesetcr Bar—at 11, . a. alp Entrlttgenct. EQUITY COURTS. _ Before the Lord Chancellor. WOOD V. RORCLIFFE AND BUCHANEY.—QUBETIONE A 8 TO IDENTITY OF GOODS AND LIEN ON DlED:.—This was an appeal from a decree of Vice-Chancellor Wigram and was argued on Tuesday and Wednesday lad. The main facts as set forth in the bill filed by the plaintiff were, that in 1837 he lent 1,8301. of trust money to one Alfred Knight, of Nelmn-square, and took from him warrants of attorney on his furniture, among other securities, for repayment of the loan. Knight having failed in the payments, judgments were entered on the warrants, and the furniture and other effects covered by them were sold by the sheriff to the plain tiff himself at the sum of 9501., at which they had been pre viously valued. An inventory of the articles was annexed to the bill of sale. The plaintiff, at the request of his testate qua trust (John Wright and wife), allowed the furniture to remain in Knight's house ; but he put Elizabeth Wright (daughter of John Wright) into the house to keep possession, and he gave her the bill of sale. The plaintiff went abroad soon after wards. Elizabeth Wright removed the furniture from Nel son-square to a house of her own in Meadow-place, Lambeth, whither she and her father and mother went to reside. In , 1842, Elizabeth Wright and Knight borrowed money from the defendant Itoweliffe, and to secure the repayment thereof, Elizabeth Wright assigned to him all the furniture in the house at Meadow-place, set forth in an inventory which comprised the furniture removed from Knight's house' in Nelson square. Under that awignment, and on failure of Elizabeth Wright and Knight to pay Itoweliffe, he was in 1843 proceeding to sell the furniture. The bill was then filed to stop the sale, and to obtain a decla ration of the court that Elizabeth Wright was in possession of ' the furniture as agent only of the plaintiff; and that the dealings between her, Knight, and Rowcliffe, were fraudulent and collusive, to deprive the plaintiff of the furniture, which had been for that purpose removed by them to a house in Oray's.inn-lane, where the plaintiff found it. Mr. Buchanan, a solicitor, was made a party defendant in rupee of deeds belonging to the plaintiff delivered to him by Elizabeth Wright. The questions raised before the Vice-Chancellor depended much on the evidence as to the identity of the fur niture, and as to what extent the plaintiff authorised Eliza beth Wright to treat it as her own. And the decree of his Honour was to retain the bill fora year,to allow the plaintiff to bring his action of borer for the furniture within that time, or his hill to stand dismissed. Itoweliffs and Buchanan severally appealed against that decree; and their counsel contended that the bill ought to be dismissed, The Lord Chancellor, in giving his judgment, stated the facts at length, and said the decree as against Buchanan should be altered, and so much of the bill as affected him dismissed with costa; but that there should still be a reference to the Master to inquire into the nature and extent of his hen, be having admitted the possewion of certain deeds be longing to the plaintiff, subject to a lien for costs, &c. AN to the defendant, Roweliffe, his lordship dismissed his appeal with coats, and affirmed so much of the decree as went to retain the bill for twelve menthe, - for the purpose of allowing the plaintiff to bring " trover" for the furniture • but, in case he should not bring such action, then his bi ll to stand dismissed with costs.—His lordship, after part bearing ano ther appeal, rose at half-past one o clock. Before the Muter of the Rolle.. Dlrine V. IlOreiteiss.—Oirr INTER %%Togo—Timothy Davies who formerly was steward of Lady Boyne, by his will, made in 1836, gave his residuary estate to his sister, Sarah Dickens, and he appointed the defendants, Hotchkiss and Fletcher, his executors. This suit was instituted by the plaintiff, as the personal representative of Sarah Dickens, for a general account and administration of the testator's estate against the executors, and also against Sarah Maund and her husband. Two questions were raised. One was, whether certain memorandums, signed by M. Dickens, or on her be half, did not amount to a settlement of accoutre with the executors ; and the other was, whether Sarah Maund was not entitled to a promissory note given by Lady Boyne to the testator for 4001., and to two Austrian bonds for 1001. each, as a gift inter wives from the testator. It appeared, from the answer of Hotchkiss, that about ten weeks before the testator's death, which took place in October, 1836, the testator in hie presence expressed an in!ention to give the promissory note and bonds to Sarah Maund, who was his fellow -servant, and attended him in his illness; and that he then gave her a key of a small desk in the room, and told her to take out the documents in question, and keep them as a present from him for her kind feeling and atten tion to him. And that Sarah Mound accordingly took out the note and bonds, and had kept them ever since; and! Hotchkiss denied that be ever had possession of them. The promissory note, however, had upon it an indorsement, signed by Hotchkiss, to the effect that the testator gave the note to him, with a direction that he was to give it to Sarah Mimed. Hotchkiss, by his answer to the amended bill, ex plained the discrepancy between the statement in his former answer and the indorsement on the note, by stating that, on recollection, he remembered having the note in his possession shorly after the testator's death, for the purpose of writing the indorsement on it, which was intended as an authority to Lady Boyne to pay the interest on the note to Sarah Maund. On behalf of the plaintiff, great stress was laid on the discre pancy between Hotchkiss's statement in his answer,and the in dorsement on the note.—Messrs. Kindersley and Renshaw appeared for the plaintiff ; Messrs. Roupell and Gimlet for the defendants.—The Master of the Rolls thought the plain tiff was entitled to a general account ; but on the other ques tion he thought the circumstances, and the state of the evi dente, required that further inquiry should be made, either by examining Hotchkiss upon interrogatories before the Master, or by means of an issue; and he left it to the parties to arrange, if possible, what course should be taken for the purpose of such further investigation. Before the Vice-Chancellor of England. GILLESPIE O. BARNEWALL.—APPLICATION FOR IN/ NC TION TO APSTRAIN AN ACTION AT Law.—An injunc tion was applied for in this case to restrain the defendant, who represented the Commercial Bank of London, from pro secuting any actions against the plaintiff. It appeared that a society was formed in 1812, called the Colonial Society; that in 1811 the funds of this society becoming inadequate to meet the demands upon them, they borrowed 4,000/. from the Commercial Bank. Subsequently the society was broken up, and the sum borrowed trom the bank remained unpaid. The bank then brought an action against Lord Mount caahell for the whole amount due from the society. These proceedings were settled by Lord Mountcashell giving his bond for the amount, and an agreement was entered into between Lord Mountcashell and the bank that actions at law should be brought against the defaulting shareholders in the company, and that such actions should be brought in the name of the bank, but any money recsvered should be set off against their claim upon Lord Mountcashell. In pur suance of this agreement an action was brought against the plaintiff, Mr. Gillespie, who was one of the members of the society, for tlvi recovery of the whole amount. The injunc tim now applied for was to restrain this action, on the ground that the plaintiff had actually paid much more than his share of the liabilities, and that the only proper method of proceeding was by filing a bill to have a rateable contri bution by all the defaulting members of the society.—Mr. Bethel and Mr. Lloyd appeared in support of the motion, and Mr. Stuart, Mr. Hall, Mr. James Parker, and Mr. ilagihawe for the defendants.—At the conclusion of the arguments the Vice-Chancellor reserved his judgment. Knight Bruce. CALLOW O. HOWLE.—WIFE . S SEPARATE PROPERTY.— This was a suit instituted by a solicitor against a husband and wife and the trustees of their marriage settlement, to have the amount of his bill of costs, incurred with reference to the wife's separate property, declared to be a charge upon it. The items principally relied upon were charges for the preparation of deeds appointing new trustees of the settle ment and in taking proceedings against tenants of some leasehold houses settled to the wife's separate use. The husband had become bankrupt, and the plaintiff had gone in under the fiat to prove for the amount of his claim.—Mr. WigrAm and Mr. Younge supported the bill.—Mr. K. Parker and Mr. Spurrier appeared for the husband and wife, and Mr. Russell and Mr. Hardy for the trustees.—An objection was taken to the joint answer of the husband and wife being read in evidence against the wife, but was overruled —The Vice-Chancellor said that the wife was not proved to have, either in writing or verbally, charged her separate estate, and that, in his Honour's opinirn, the mere circum stance of the business relating to the separate property was insufficient to make it distinctly liable for the costs. The bill must be dismissed with can as against the trustees, and without costs as against the husband and wife. COURT OF QUEEN'S BENCH. CHARTER V. GRIEVE AND ANOTHER.—AcrioN AGAINST MAGISTHATEB.—Mr. Knowles, Q.C., moved fora rule to show cause why the verdict in this action, which had passed for the defendants at the late assizes for the county of York, ought not to be set aside, and a new trial had. The de fendants are magistrates for the East Riding, and had con victed the plaintiff under the 7 & 8 Geo. 4, c. 30, of having, at the expiration of her tenancy of a cottage under a Mt. Baynton, cut down certain small fruit trees, which had been planted by herself or her husband, and for which the landlord refused to make compensation. She was sentenced to be imprisoned for one calendar month, and was imprisoned ; but a day or two before the expiration of that term she was discharged by Mr. Baron Rolfe, on account of • defect in the warrant. She then brought this action for the illegal imprisonment. When the cause came on for trial the original conviction was produced and given in evi dence; to it, however, several objections were taken. Ano -1 cher conviction, drawn up • few days before the trial, was then given in evidence. To both convictions it was objected that they were on paper and not on parchment, and the authority of Lord Coke was cited in support of the objection. Other objections were also made to the convictions. In ad dition to showing the formal defects, it was urged that the statute under which the defendaats had proceeded was di rected against those only who neither had nor claimed to have an interest in the premises in which the act complained of was committed. On these grounds it was submitted that the plaintiff had been entitled to recover. The court granted the application. COURT OF COMMON PLEAS, POWELL V. BRADBURY asp EVANS.—The Attorney-Ge neral, in the came of " Powell against Bradbury and Evans," tried before the Lord Chief Justice in, London, on the Bth of July last, in which a verdict was found for the plaintiff for 5001. damages, moved for a rule to chow cause why that verdict should not be set aside, and a new trial had, on the grounds that the verdict was against the evidence, and the damages were excessive. It was an action of assumpsit, the plaintiff alleging that he had entered into an engagement with the defendants, the proprietors of the Daily Newt, to serve them faithfully in the character of sub-editor, at • given rate mentioned in the declaration -151. a week ; and the declaration alleged a wrong diereimal. The defendants pleaded, first, non assumpsit ; secondly., that they did not wrongfully, and without resaonable and pro bable cause, dismiss or discharge the plaintiff from their employment, modo et forma ; and, thirdly, they alleged the special grounds which induced them to dismiss the plaintiff, which grounds were set forth fully in the plea, in which the defendants alleged that before the discharge or dismissal of the plaintiff, he had in his capacity of eub.editor, and at the special request of a certain William ; Alfred Wareing, who was also employed as a condenser, or general assistant in the same office, written a letter to a correspondent in Bristol, likewise named Powell, directing him to send up for publication in the newspaper, a report of certain proceedings which were expected to be instituted in the district Court of Bankruptcy at Bristol, in the matter of a certain bankrupt named Smith. In conse quence of that application, Powell of Bristol forwarded a report of the proceedings in Smith's case. The report reached the office of the Daily News in due course, and on the same day there arrived a letter addressed by Mr. Smith to the defendants, apprising them that Wareing had a feel ing of personal animosity towards him, that he had openly heisted that he would procure the publication in extenso in their newspaper of an account of his (the writer's) pecuniary difficulties, and finally entreating the defendants not to permit their paper to be made a vehicle to gratify private feelings of vindictiveness and malevolence. The miscon duct which the defendants alleged against the plaintiff consisted in this, that, being fully aware of the existence of a strong feeling of personal animosity between Smith and Wareing, he did, without the consent or privity of the de fendants, deliver over to the said Wareing the report fur nished by the Bristol correspondent, in order that IV arcing might prepare from it an account of the proceedings in Smith's case, and might so have an opportunity of gratifying his feelings of revenge. In the second place they attributed misconduct, in his having suppressed the letter of Mr. Smith, instead of submitting it, as he was in duty bound to have done, to the consideration of the de fendants. The plea alleged that the plaintiff had permitted " a garbled, partial, unfair, and improper abridgement of the cue" to be inserted in the newspaper. The Attorney-General said that plaintiff, at the trial, bad spent one-half of his time very usefully in proving the dis missal, and the other half very needlessly in giving evidence to show what the duties of a sub-editor were. On the latter point he (the attorney-general) should not then touch, for he held it to be wholly immaterial to the issue ; but he would confidently rely on this fact, which he held to be in controvertible, that at the trial he had proved, to the very letter, every single allegation contained in the plea, with the exception of that which referred to the garbling of the report. The Lord Chief Justice: The note I made at the trial was " I think this verdict wrong, and that all the plea is proved except the allegation of the garbled acosuat." The Attorney-General : That is just what I have stated, my lord; and of course I will not submit further remarks on the evidence. The Lord Chief Justice: You had better state to the court what the evidence wee. The Attorney• General having proceeded at some length into the evidence upon the trial, Mr. Justice Williams said : I don't understand whether the Lord Chief Justice said that it was necessary to prove that it was a garbled report. The Attorney-General No, my lord. But his lordship said, "I don't think it is of the essence of the plea that this report is a garbled report." His lordship said, " The allega tion that the report is garbled strikes me as not being an essential part of the plea, but," he said, "to avoid all fur ther question, I wish you to give me your opinion on that point," but the jury would not. The Chief Justice: They thought it was not garbled. Mr. Justice Haute: What do you understand by " gar bled I"—what does the word " garbled " mean ? The Attorney-General: I apprehend it was intended that he had not, in the fair discharge of his duty, given an accurate condensed report, but retained portions to gratify his animosity, which in the discharge of his duty he should have omitted. Mr. Justice Maule : " Garbled," I think, means leaving in something. The Chief Justice: I believe the word is borrowed from the dealings of merchants; garbling in merchandise is se lecting the bad and indifferent. Mr. Justice Maule There is an old act of parliament that prohibits selling " ungrarbled " spices. You were bound to " garble " them—that is, to select them—but when you had garbled them the proper thing wu to sell the good. The Attorney G,neral : In this case the converse is true. The fact is, that he made the article too " spicy," leaving in that part which might be hurtful to the feelings of Smith, and leaving out everything that might be offensive to himself, Wareing. Mr. Justice Maule In modern times the word " garbled" is used in a popular sense in a very loose way, applying to any unfair dealing with words. The Attorney-General: The best explanation is what we attemrted to prove, namely, that he kept in everything offensive to Smith, and left out everything offensive to him self, leaving his own name out of the transaction. I appre hend that the finding of the jury that this is sot a garbled account, does not at all disentitle me from having a new trial on the rest of the case, because I have a right to have an opportunity of arguing, al matter of law, that everything in the plea is proved except that it was a garbled report ; nod then it would be a question for your lordships, on the record, to state— Mr. Justice Williams: A bill of exceptions might have be.n tendered. The Attorney-General: Ilia lordship told the ,fury that they might deal with it as a special fact, it being his opinion that it was unimportant, if the jury found all the rest of the plea in my favour. Mr. Justice Maule: His lordship's impression was that the plea was proved, and that the other part was immaterial ? The Attorney General : Yes. my lord. Mr. Justice Maule: Then how came the verdict not to have been found for the defendants? . . . The Attorney General: Because the jury chose to find it the other way. The Lord Chief Justice I did not direct the jury that the plea was proved, but I left it to them to say whether it was proved or not. Going over the several parts, I said, "It is not material whether you find the article garbled or not, because if you find the rest of the plea proved, and that not Proved, it may turn out that the proof was not material." Therefore the jury found contrary to my impression. The Attorney-General: Therefore the matter stands thus • The jury found a verdict against the evidence, and against the opinion of the judge, upon five allegations, and the sixth the judge left to the jury as matter of doubt. Upon five allegations they found against the opinion of the judge, and against the evidence. Mr. Justice Maule : The Lord Chief Justice was of opi nion, and rightly, I suppose, that the garbling was not material ? _ . . The Attorney-General : No doubt, my lord. The Attorney-General, addressing the Lord Chief Justice, said, that even if the verdict were warranted by the evidence, the damages were very large. The Lord Chief Justice : 1 have no note no to that. What did the contract allege ? The Attorney-General: ill. a week for two years. The Lord Chief Justice : How long had he served? The Attorney-General : About eight months. Mr. Justice Maule : Then there were It months remaining. . - - The Attorney-General : I am bound to state that, at the conclusion of your summing up, your lordship stated that, supposing the jury should consider that the plaintiff was entitled to a verdict, the case was one for substantial damages. It is not for the defendants to argue this matter upon the question of damages; but it is a matter of the deepest importance that they should ascertain what are the duties of subeditors towards them ; and it is of the greater importance, because there is another actioa pending, at the suit of Mr. Waring, on the same ground, and the result of this case may have a considerable influence upon the other. The learned judges consulted for two or three minutes, after which the Lord Chief Justice said: You may take a COURT OF EXCHEQUER. Blltings In Banco. LANES C. THE BOARD OF ORDNANCE.—IN PROCEED 'NOS NECESSARY TO ASCERTAIN THIS AMOUNT OF COMPEN SATION PAYABLE TO PROPRIETORS OP LAND PURCHASED BY GOVERNMENT, FOR PUBLIC PURPOSES, WHO ARE RR SPONSIDLE FOR THE COSTS ?—By the sth & Gth of Victoria, c. 94, the Board of Ordnance were empowered to take and purchase such lands as might be necessary for the improve -1 ment of the arsenals and naval defences of the country. Under the provisions of that statute, they took 114 acres of a property is the county of Pembroke called the " Bush estate," of which the plaintiff was trustee during the mino rity of the owner. A difference of opinion as to the value of the lands between the plaintiff and the government ren dered it necessary that the amount should be ascertained by a jury. According to the provision, of the statute, two of the neighbouring justices summoned a jury to amen the amount of compensation to which the plaintiff was entitled. The in. quiry took place at Pembroke, on Tuesday last, when the sum of 15,269/. was awarded, the government having pre viously offered 12,0001., which was declined. The justices, however, upon being applied to for the costs incurred, re fused to add them to the amount of compensation awarded, on the ground that the statute was silent upon the subject and that they, therefore, had no authority whatever to allow any sum for costs. Sir F. Kelly, Q.C., who represented the plaintiff at the iuquiry before the justices, moved yesterday fur a rule calling on the defendants to show cause why there should not be a new inquiry. Another jury should be directed to include in their estimate of the amount of com pensation to which the plaintiff was entitled the costs neces sarily incurred in bringing the case before them.—The learned Attorney-General, who was counsel for the defen dant. objected to evidence as to costa being received by the justices ; so that a great injury would be done if the present application was not acceded to. In fact, the only mode in which the question could be properly raised was by an appeal to this court in the shape of an application like the present. The expenses sought to he recovered were those of the sur veyors who bad surveyed the property in question, some of wham lived in London, and were obliged to attend as wit nesses at Pembroke; also counsels' fees, &c., all of which the plaintiff was obliged to pay. The Board of Ordnance were, perhaps wisely, vested with very extensive powers ; but it never could have been the intention of the legislature that the necessary expenses to which a claimant who was thus deprived of his property was subjected in making out his claim for compensation should not be paid. Mr. Baron Rolfe observed that on looking at the 22d sec tion of the statute he perceived the court might require the party . making such an application as the present to give security for costs. That was the only provision in the sta tute for the payment of costs, and it seemed to him probable that the legislature had intended that costs should not be allowed in any other case. Sir F. Kelly : It is quite clear that the owner of those lands was just as well entitled to the costs he was obliged to incur in asserting his rights as he was to the compensation awarded. It appeared a sum of 3,0001. more than was ten dered was estimated as compensation, and all evidence as to the expenses incurred was re)erted ; so that they were not included. It would be a manifest injustice if the plaintiff was subjected to payment of the costs. The Lord Chief Baron said that, in all probability, the omission in the statute was at the suggestion of some subordinate official, who had heard of the rule that the ' crown neither pays nor receives costs inlitigation with the 1 subject; a rule which he (the learned judge) should say would be certainly unjust to apply to the present case.—A. rule nisi was granted. NOBLES O. ATIENBOROUGH.—IMPLIED WARRANTY IN THE SALE OP GOODS BY AUCTION.—This case was tried before Mr. Baron Platt on Wednesday last, when a verdict was entered by consent for the plaintiff for 17 guineas, leave having been reserved to have it entered for the defendant. The question involved was whether, on a sale of a chattel, the vendor gave an implied warranty that he had a right to sell it. The declaration which was in case stated that the plaintiff bought a harp . of the defendant, who represented that he had a good legal right to sell it, whereas it subsequently turned out that he had not, and the result was the plaintiff was compelled to give it up to the real owner. It appeared that the harp, which was hired by a Mr. Foley of Mrs. Chappell, the well known ramie-seller, was pledged by him with the defendant, a pawnbroker, in Orford stmt. It was not redeemed on the expiration of the stipulated time, and the defendant then sent it in the ordinary course of busi ness to Messrs. Debenham and Stores, the auctioneers, of King-street, Covent-garden, to be sold, as an unredeemed pledge. The plaintiff purchased the harp for 15 guineas. Some time afterwards it was claimed by Mrs. Chappell, who brought an action fer it against the plaintiff, who, finding he could not successfully resist the proceedings, gave ugthe harp and paid two guineas for costs. The present action was sought for the recovery of that sum, together with the price paid for the harp. The question of law having been thus raised, Mr. Martin, Q.C., moved yesterday for a rule calling on the plaintiff to show cause why the verdict entered for him should not be set aside, and a verdict entered for the defend ant. Ho cited several authorities to show that on the simple sale of a chattel no warranty whatever was given. The Lord Chief Baron observed, n i dto n :b t ho h teo e 7.by co lodfa uress ans: yvartec l lef t ac h iinn e t tb arg .hei r hrdi. e it nt w , i7 tha cod t ecui hi : w do o fth ul his d at be abtr. su ai rp .dese ris a i dia d of selling it, warrant at least that he had a right to sell it. It seemed to him, and to the other members of the court, that the cases cited had no direct bearing on the question at issue; however, it was desirable that no doubt should exist upon a point of such importance, and, for the purpose of discussing it, the rule should be granted.—Rule nisi hooortagly. COURT OF BANKRUPTCY. Before Mr. Commlodoorr Pane. IR RR FREDERICK RICKETTS AND THEVENEN J.tS(ES. —CITT MERCITANTS.—Thess bankrupts, who were careen on businees in Moorgatestrett, and whe have been en in several partnerships, the last one being Ricketts, Enthoven, and James, now came up to pass their last exami nation. There were balance-sheets showing how each part nership stood, and the following is a espy of the joint balance-sheet of Ricketts and James, which will show the true state of affairs from April 30, 1816, to Jan. 23, 1847. 100. Cs. To creditor. .1=2.563 16 I Debtor, rood t 11.5 IS 6 Do. bolding I.:curdy 6,4e1 13 4 Do.. doubtful 3.543 412 hekntßinf to Rh, Propa t) at 265 0 11 Setts Intbosen, and 1b.. 0 Co 3.979 3 1 Do.. in hand , of enrdl. Unbidden 10,270 4 11 ton, Available 5.,X10 0 Do., on account of Do., do., uncertain— AUDI 0 , RI •IE rtIA, Minorco. Lorwe 1,110 1 0 and Jame.. 37.500 11 5 Expo.. . ... 4,186 If IS Rickane Capital 11.0)3 1 1 Amount drawn ... of Protita 4733 4 7 Jan.% 6,112 14 19 Bleketta,lD;rltOrni:rgia JllBlOl, balance, Te mpt, a,.J boor n^count . •.. 6.009 16 11 Lialdlitor lkr contra.. 10.270 4 U Total ..... 4 3 Tre.ll. ...... 4 3 • ... The separate balance-sheet of Frederick Ricketts extends over a period of three years, and shots that he owes to cre ditors 35.0761., and creditors holding security 27,5251.; lia bilities, 19,20 01.; good debts, 2,9061.; doubtful, 4,.5081.; property available, 6,3691.; ur.certain, 10,4291. ; capital, 41,3661. ; and profits, 45,965/. ; the knees being 18,144/., and tra:e and domestic expenses 19,3001. Several other items of • minor character appear upon the balance-sheet, milking a total of 175,6261. The balance-sheet of Trevenen James, embracing the same period, shows a total of 69,120/. 19s. 7d., including debts and liabilities to the extent of 11,0001., and assets stated at about 3,0001., capital and profits nearly 28,0001., and losses and expenses between 17,0001. and 18,0001.—The trade assignees and the ofli :lid assignee ex pressed themselves satisfied of the accuracy of the accounts, and the bankrupts were declared to have paned their last examination, and the 20th of December next was appointed for both bankrupts to apply for their joint and separate cer tincates.—Mr. Lowrance appeared for the bankrupts, and Isle. Tilsan as solicitor to the fiat. IN on W. L. Divine.—A 6140 NT CAREER.—This bank rupt, s dealer in glass, carrying on business in Ludgate-hill, came up to pain his last examination, and was opposed by Mr. Lloyd.—lt appeared that the ankrupt had been in trade only four mouths, and now owed 1,8931. Losses 5201., expenses about 8001., profits " none," and the assets con sisted of property, 3061. He had been ordered by the court to file answers to requisitions, which, however, he had not done; and now stated that he could tile no better accounts than those before the court.—His Honour adjourned the case sine die. Jx no D. C. H. LORNEIL—Losm ON INDIA /MAIN.— This bankrupt, who was a merchant carrying on business in London-street, now applied for his certificate. His debts and liabilities amount to about 34,000/., and assets very small. The losses were stated at about 15,0901., being prin cipally upon Indian corn and wheat—lie was supported by Mr. Lawrance, and being unopposed the certificate was granted forthwith. INSOLVENT DEBTORS' COURT. ur ~o Mr. ..... IN RE ANNE ESCHKE.—A ltustakca Or REAL The circumstances connected with the case of this insolvent, who applied to the court under the 118th section as a pauper, were of a most singular and romantic description. She was opposed on the behalf of Mr. Burton, a draper, carrying on business at 71, Baker-street, Portman-square, on the ground of haring contracted a debt of 331. without any probable ex pectation of being able to discharge it. It appeared that the insolvent had obtained credit from Mr. Burton for drapery on the representation that she was entitled to a considerable sum of money, which she expected to be in the possession of in a week or two. It was proved oa inquiry that she had filed a hill of discovery in Chancery, with a view of ascer taining what amount of property had been left by her bus band at the period of his death, which event took place about 20 years ago, during the absence of the insol vent front England. On her return to this country the insolvent found that two of her daughters were under the care of Mr. Collman, a merchant, of 31, Broad-street-buildings, who would not allow her to have any communication with them. Having been informed that a sum of 20,0001. had accrued to her husband's executors from some life insurances, she endea voured to ascertain whether or not he had left a will, and also whether any one had taken out letters of administration. Success not attending her inquiries, the old lady made an application, 17 years ago, to the then Lord Mayor (Alderman Farebrotber) with the view of obtaining some sati.tactory adjustment of her affairs from Mr. Coltman, which resulted in Mr. Collman's agreeing to allow the insolvent 1501 a year, which was continued for a period of one year and a half only, when it was suddenly withdrawn, and all she had to live upon for some time was an allowance from her eldest daughter, who was married. It was afterwards arranged that insolvent should receive a sum of 601. a year; but by whom the money was allowed she had never been a'le to ascertain. It was paid regularly for three yean through the h►nds of her gen-in-law, when it was reduced to 501. This annuity was continued up to August, 1846, when it was entirely stopped, and she had been utterly destitute ever since. It farther appeared that one of the insolvent's daughters had been married to a son of Mr. Coltman, and s'ss at present residing with her husband at Vienna. Her 1 youngest daughter was also living abroad, and she believed the allowances she had received were from her two children. —The learned Commissioner observed, that as far as the opposition was concerned, it was not sufficient to call for • remand; but that the case altogether was of so remarkable a character, as to demand further investigation. An adjourn ment was accordingly ordered to enable the parties to pro duce either the insolvent's son-in-law, his attorney, or Mr. 1 Coltman. Before Mr. Commissioner Phillips. IN RE JOHN BENTON.—FALSE ItIWYESENTATION.—Thia insolvent, who had speculated in railways, had been dis charged on a former occasion, and had since applied to the Bankruptcy Court, when his petition was dismissed. The pre sent ground of opposition was that he induced a cre di tor to advance a sum of mosey, to obtain his release from prison, on the representation that he was entitled to considerable property, which, however, turned out to be untrue.—The learned commissioner obacrred that the insolvent had been in prison for • long time, and taking ail the circumstances into consideration, ordered a remand of three months only under the discretionary clause. BLOOMSBURY COUNTY COURT. Before IL Heath, Eat., lodge, and a Jury. COLLINORIDO6 V. THE LONDON AND NORTH WESTERN RAILWAY COMPANT.—AILR RAILWAY COMPANIES HE SPONIIITILE FOR Lt 00AGE STOLEN.—In this case the plain tiff, a journeyman currier, summoned the London and North Western Railway Company for the sum of 191. 10s., the value of a desk, carpet bag, and their contents, stolen from him at the Euston-square station.—Mr. Lewis, for the plaintiff, said the case was one of extreme importance, not only to the plaintiff and the railway company but to the public at large. The plaintiff arrived at the Euston-square terminus on the Gth of October last, in a third-class train from Northampton, with three packages, a carpet bag, a desk, and a box, the two former in the carriage with him, and the latter in the luggage van. When he alighted on the platform he gave the bag and the desk into the care of one of the porters, while ha went to get the box, which the com pany's servants could not find, the porter telling him that the company was responsible for the safety of the packages as long as they remained in his care. The plain tiff found his box, but on his return found that the porter had gone and his luggage too, and soon afterwards learned that the bag and the desk had been stolen.—Mr. Lewis contended that the company was in the position of common carriers, and responsible, under the Carriers' Act, for the safety of the goods entrusted to it. Ile cited several cases in support of his argument. The desk contained jewellery to the value of 131.—Mr. Russell, for the com pany, submitted that there was no cam to go to the jury.— Unless the goods were regularly "bailed," the company could not be bound by the Carriers' Act. The company, again, could not be liable, since it had not bad possession of the goods, for the plaintiff had them in his custody all the way in the carriage with him. And even if it were not so, the responsibility ceased directly the trait' stopped. If the plaintiff then gave t . h .r.n into the care of the t ymp an y, the defendants must be sued as warehousemen, not as carrion ; and, therefore, the present plaint could not stand. Thd two last objections he had to make he thought would be fatal to the claim. One was that in law the company was not responsible for articles of gold, silver, or jewellery, if they were over the value of 101. ; and the other that the luggage was above the weight of 401 be., the utmost the company's act allowed third-clam passengers to carry without extra charge. The weight of the packers was 56110., and, therefore, the company was not liable.-1 he learned Judge summed up, leaving the jury to determine whether the goods were legally in the custody of the defend ants, whether that custody ceased upon the arrival of the train, and before they had been carried out of the terminus ; to decide the value of the excepted article, and the weight of the luggage.—The Plaintiff here said that his goods were of the weight of about 56161., and the company allowed that weight to third. clam passengers.—The Jury found a verdict for the plaintiff for 101. deducting the assumed value of the excepted articles—At the close of the case, Mr. Lewis said that though the defendants had endeavoured to avail them selves of their act limiting the weight of third-class passen gers luggage to 401b5., they stated in their time Bill that 5611”. was allowed. LONDON SESSIONS. Before the Recorder, Aide. Farneemb and Ilughet. Ma. J. HARTET, APPELLANT, O. THE MATER AND COR PORATION OP LONDON, RISPONDENTB.—CONTICTION OF STEAK-BOAT CAPTAINIL—There were seventeen appeals against the conviction of the Lord Mayor, &ruing from infringements of the by-laws made by the cor poration, and approved of by Mr. Baron Platt, for the proper regulation of steam-boats plying for hire within the limits and jurisdiction of the corporation of London. The conviction having been read, which set forth that the defendant did command a certain ateem-boat called the Bridegroom, which said boat not being duly licensed, shall forfeit and pay any sum not exceeding .51., Mr. Bramwell contended that the corporation possessed no powers under the act which was parsed in the 7 and 8 Gee. IV., entitled "An Act fur the better Re gulation of the Watermen and Lightermen on the River Thames, between Yantlet Creek and Windsor," to make such by-laws as those on which the con , •iction was grounded, nor did it give to the Court of Aldermen power to license steamboats.—Mr. Ryland having replied to the objections urged, the Recorder said he wu perfectly satisfied that the 57th section of the act gave the corporation of London-tie power to snake such by-laws, while the 38th section gave the corporation the power to license and determine upon what numbers each steam boat should carry. —Mr. Bramwell said his next objection was that the corporation had AO power to delegate any part of their !MOokhiAthani.l THE EXPRESS, SATURDAY EVENING, NOVEMBER 6,. 1847.