The Express. — London, England, 1853-01-27 00:00:00

gain intelligence. EQUITY COURTS.--YESTERDAY. Damn ma Loam Jamas' ar ArtaAi. El PALA& E. S. 11• Nico KZ E. S. MANIC°, BA3tAirrr. _ This was an appeal by the bankrupt from the decision of the commissioner, refusing him altogether both his certifi cate at t personal protection. The bankrupt, it appeared, lied if. the year DUG, b. ing then of the age of 23, com menced basinese as &retail dealer in wines. This business be corriod on iii on a capital of 1.0001. advanced by a friend, up to Autust, 1819, when he sold the goodwill thereof, sad then set up business in Mark-lane as a wholesale wine marekaat. Trois this time he had been in the habit of borrowing money upon the warrants of wine in bead, which be had purchased; and is many in. stances, vibes usable to redeem the wamnts, of selling the w.nee at a loge *untie*, taus leaving himself in debt foe considerable amounts to the persons of whom the wine had been purchased. By this means, though unembar rassed in Lie circumstances at the termination of hie retail business, he had &come involved to the extent of 13,00 W. while troding as a whulesale merchant. The assets, it ap peared, antountod at the date of the bankruptcy to Is. 3d. In the poised. The principal grounds of defence urged by the bankrupt were that the advances made to him upon the g..ods hid always been made in conformity with the slalom of the wine trade—for two or three months, with power at tit.: end of that time to the lender to sell the goods if not redeemed. The money had always been borrowed by the bankrupt under the expectation of bein g able 19 effect a profitable sale of the goods before the expi ration of the period of the loans, and thus to redeem the ware..nts. In the majority of instances, however, this ex pert eion, either from the state of the market, or from a List ike is the quality of the wines, had been deceived ; sad in order to redeem his goods, the bankrupt had been compelled to effect sales at • great sacrifice. it appeased also that the tusks of the bankrupt had throughout been regularly kept, though not always balanced ; end that in his private expenses the bankrupt had been moderate and economical. Mr. Bacon and Mr. Bas4allay appeared to support the appeal; and Mr. Swanston and Mr. E. Bagley for the as deuces, to oppose it. Lord Justice Knight Bruce, in delivering judgment. mid it had been properly admitted by the bankrupt's counsel that his conduct bad in several respects been blame able as a trailer. Ile thought, however, the case, inde pendently of the great di-parity in the ages of the bankrupt and Holtbook, did not deserve the seine degree of punish ascot as bad been awarded in the case of llolthouse. It Lad been argued that the case fell within the provision of the 230th section of the Bankrupt Law Consolidation Act, as to contracting debts fraudulently and by false pretences, and that the commissioner was bound imperatively to do what lie had done. In that section of the act, however, the word offence occurred, and there was no provision in the statute, as there hot been in former statutes, that the act was to be construed beneficially for creditors. The con sequence was, that the act was to be construed strictly rather than loosely ; and he was of opinion that the conduct of the bankrupt did not amount to a fraudulent contracting of debts within the meaning of the statute. The ease, therefore, would have to be dealt with under the general discretion given to the court to act according to the circum stances of the particular case. Now, the case before the court was one in which a young man appeared to have commenced business substantially without capital, and without having been brought up to the busine-s, facts which were most probably known to the creditors who had trusted him. This young man had acted in many in stances earekssly, imprudently, and rashly. He had in some eases sold goods, and in others pledged them imme diately after having purchased them. It did not appear, however, from the evidence that the goods had been bought as pledged with the view only of again selling_ them or pledging them, or for any dishonest purpose. The beaks of the bankrupt had been kept] regularly, and there did teat appear to have been any instance in which the bankrupt had been guilty of an untruth. To this might be added that the bankrupt was a married man with two children, hie private expenses during the whole period of his trade had been kept within the bounds of moderation and mono my. No instance had been shown of expense on his part to gratify a feeling either of vanity, ostentation, or selfish in dulgence. Taking all these circumstances into considers- 1 lion, his lordship said, he thought, with great deference lei the opinion of the commissioner, that a milder decde, would satisfy the requirements of justice, both as regarded the merits of the particular case, and the interests of society, li a consideration of which could not be neglected in quintiles's , of this description. Taking all the circumstances tee Rather, he thought the proper order to make would be to suspend the certificate for two years from the 14th of June left, the date of the petition fur adjudication, and then to grant one of the third clam; and that the personal pro tee•ion of the bankrupt should be refused for six months from the date of the order upon the appeal, but not after wards. Lord Justice Turner said he concurred in the decision of his learned brother. The 256 , 11 section of the Bankrupt Law Consolidation Act had, is certain cases, rendered it obligatory on the court either to refuse or suspend the bank rupt's certificate for certain offences therein specified. The present case, he thought, did not fell within the range of those offences. Had it done so, he should, he confessed, have still entertained a doubt whether the punishment awarded by the Commissioner against the bankrupt wee not excessive. Far if the court, in a case of this description, where ens only of the offences specified in the 2%th section of the statute had been committed, was bound, as the Commissioner bad done, to inflict the extreme punishment autborised by the statute, what was it to do in a case where a bankrupt should have committed every one of the offences enume rated ? Ile thought the legislature intended to entrust the court with a discretion in applying the provisions of the section in question, to see which, and how =arty, of the offences specified had been contraitted, and also in each case to consider what mitigative circumstances there were to induce it to modify or diminieh the punishment to be awarded. Now, in the present cam, beyond all doubt the court was bound to say that the conduct of the bankrupt had been in many particulars blameable in the highest de gree. No man could justify as proper conduct of a trader the buying of goods end pledging them the next day to raise money to carry on his business. On the other band, however, upon examining them transactions of the bankrupt, it appeared 'hat the pressure upon the bankrupt commented in April, 18.32 ; and that that') trans actions contelaintd of were not resented to to any great ex tent till alter that period. The books of the bankrupt ap peared to have been regularly kept, though it was admitted that he did not balance his books. His private expenses ' had not exceeded :501. per annum; and it was stated in his affidavit, and not denied on the part of the assignees, that for the last three years he had not been seeking of his own awned to make purchases of his creditors ; but that the cre-i ditors, as they were far too mu- h in the habit of doing, pressed on the bankrupt the purchase of their goods. All these circumstances would deserve consideration, even if the case fell within the provisions of the 266th section. In his lordship's opinion, however, it did not fall within its provie stone, and under the 198th section of the statute the coast was bound to give due consideration to the circumstances be had mentioned in eonsidering_the question of granting or withholding the certificate. Therefor*, the order sug gested by his learned brother was, he thought, the proper order to be made. Davas IVO LOUD Cl.. Re A IVISTRO?i O.—LUNACY, In this can, in which an application bad been made • few days ago for a habeas corpus to bring op the body of Mn. Sarah Armstrong, an alleged lunatie, who had been placed in the custody of a private medical man at the instance of her father, The Lord Chancellor rib' be should direct a medical man to we Mrs. Armstrong and report to hiss with regard to her caw. Rs Tizotto.—LtltacT. _ In this ear, which has been so_ often before the court, and of which it will be remembered that the lunatic is the tenant for life of certain English estates and others in Jamaica, under a will, one of the provisions of which was that the Jamaica estates should be kept up, an application was made praying that it should be allowed to the com mittee of the estate to make arrangements for the letting of the Jamaica estates; that an agent who had gone out un der the eauctioo of the court should be provided with funds to enable him to prepare the crop for neat year ; and that the committee should be allowed to appoint a consignee in this country. It was urged that this was necessary, in order to preserve the rights of the remainderman ; it hay ing been contemplated that the caltivation of the estates should he abandoned. _ Mr. }Loh and Mr. °Wird appeared for the committee of We estate. . _ . . The Solinter-General and Mr. Osborne, for the late cal dewy were about to be heard when the court rose. h• Wu. Pun Woos. TIM LONDON AND SORTIE WPWIMIN RAILWAY COM PANY r. Tan iMINZWINII/AY AND IDIRMINORAN RAILWAY C This was a nation for an injunction, the nature of which did not transpire, as an undertaking was g iven by the de fendants not to du anything contrary to the pray r of the bill ; and the motion, therefore, was directed to stand oYef. EDMONDSON T. 11•11111 S ERS. ON.-NW CII•NCIRT PRACTIC STOP ORDI - . . Tbis wu • petition fur the usual stop order, in which the assitnor and 'soignee concurred. The petitioner was a married woman, suing without • next friend. and it was not shown in what manner she was separately entitled to the fund. Mr. Nelson appeared in support of the petition. The Vice-Chscoellsr said it would be necessary to amend this petition, to show how the petitioner was separately en titled, and to add • nest friend. His Honour wished it to be understood that in future all these applications for stop orders, when the assignor and assignee concurred, end no objection was raised, were to be made upon a summons in chambers. This rule bud been recently determined upon by the judges. COURT OF tr.fj FEN'S BENCR.—YrsTRADAT. &mum a !seas.—livro.• LOUD C MM. hems Cots.' Mel, Ms. JIMICI WIONIIIA/l, AP A ri l linoWrlCl CIOIIIITON. SILL 9. Q1:1IN 11411.04-111DICTMINT. I. this ease the plaintiff in error has been convicted of Baying obtsiaed trari.nta bills and sums of money from Hairy Broome. seder false pretanom To set aside this tin poem writ d our woo Iwoosht. raw_ appeusil lomat of t at writ. Ho amoidoll dot bolitilmot irk ittoriateli so it did aft tot set that the bills of wimp sod song were the THE EXPRESS, THURSDAY EVENING, JANUARY 27, 1853. property of H. Broome at the time when it was alleged that they were obtained by false pretesres. Before the 14 & 15 Vie., c. 100, this defect was undoubtedly fatal, i s proved by the easy' of "The Queen v. Norton' (8 C. sod I'., 196), and The Queen v. Martin" (8 Adol. and 8., 481) ; and, inasmuch as this wasnot a mere formal objection, that statute would not cure it. Mr. Metcalf, on the other side, oentended that the Bth and 25th sections of 14 & 15 Vie., cap. 100, were a suMeient answer to the objection. Mr. Hodgson replied. Lord Campbell said that he felt himself reluctantly compelled to gins effect to the objection of the plaintiff in error. The statute of li & 15 Vic. did not apply to this cue. The cosset must therefore be guided by this decisions prise to that statute. Had he (Lord Campbell) been a party to those decisions, he might not have thought it necessary• to give way to such nicety ; but the law was solemnly set tled, and he felt himself bound by what his predecessors hail done. Judgment for the plaintiff in ease. BAIL COURT.—YrsrraDAT. imps% ALT A. ;:PiuI7... Bono az Xi. Jun= Ems MID COMMON !VIM. HOWARD V. H0D54.1.117:4A1 - This was an action brought by the plaintiff, who was for mer a manufacturer in 1 orkshire, against the defendant , the deputy-governor of the Queen's Prison, to recover com pensation in damages for alleged false imprisonment. Mr. Parry and Mr. Holt were for the plaintiff, Mr. Wat son and Mr. Milbank for the defendant. The plaintiff, who was a prisoner in York Castle, early in 18.51 petitioned the Insolvent Debtors' Court fir relief. Is June in that year he appeared before Mr. fierjeant Dow ling, the judge of the county court, and was reminded, on the ground of fraud, for twelve months from the date of his vesting order, which was dated the 12th of April, 18.51. Ile was then transferred to the Queen's Prison by a writ of habeas corpus, which the plaintiff himself calmed to be issued, and was ennfined in what is called the "remand ward." On the 12'h of April, 18.52, which was on a Mon day, he was informed by the defendant that he could not bo discharged without a judge's order; but he had some time previously spoken to defendant on the subject and ap plied to a judge, when Mr. Baron Martin said that such an order was not necessary. The Insolvent Court at York bad concurred in that opinion. The defendant was informed of these facts, but nevertheless refused to let the plaintiff go ; and he was detained until the following Thursday, when he was discharged without such order. It was enntended for the defendant that as the plaintiff was in his custody under two writs which had been issued against him at York, and a habeas corpus as well as a war rant of commitment, he did not know the true cause of the plaintiff's commitment; and the course generally adopted in such eases was to obtain • judge's order. He was, therefore, justified in detaining the plaintiff as he had done. The jury found a verdict for the plaintiff—damages, 20f. Mr. Justice Erie said he would enter the verdict for the defendant, on the ground that he bad no legal war rant in his hands, with liberty to the plaintiff to move. COURT OF COMMON PLEAS.—YErreaDAY. eirrawsa u Barea.—Raman Caine Jr. , ici JERVIS, Ma. Jvaszca Kivu, Ma. Jaime Casaswsu. IJID Mx. Jamas WILLJAII/. FENN V. FORBES.—MOTION TO SET ASIDE AN AWARD. In this case an application was made to set aside an award, or to send it back t 3 the arbitrator for amendment, upon the ground that he had not heard a material and ne cessary witness. The action was to recover 16.51. 14s. 2d., the price of certain machinery sold to the defendant, and the case was referred to arbitration. The first meeting was held on the 6th of December, but on the application of the defendant it was adjourned peremptorily to the 9th, to enable him to produce his witness. It was afterwards postponed until the 13th, but the witness was not then pre sent, and the award was made. Affidavits were produced to show that the evidence of the witness was necessary and material, and also the exertions which had been made to produce him. Mr. Serje►nt Byles showed cause against the rule, and Mr. Creuy supported It. The Court made the rale absolute, upon the terms that the money should be paid into court. COURT OF EXCHEQUER.—YEaTuDAT. tkvrolos BITOIII Twg Lou. Caw RUMP. Ma. BASIS 18111, Ms- BAsto l ALPILS&W.A.7OO Wa. Beaus Maim. ANDERSON V. THORNTON.—JUDOMIINT. This was an action to recover 11,6001., the amount of insurance on the cargo of the ship Samuel Hicks on her voy age from Baltimore to the port of London, laden with provi sions, which was tried at the sittings at Guildhall after last term, when a verdict was found for the defendant. Early in the present term Sir F. Kelly moved for • rule for a new trial on various grounds, when the court reserved its judg ment. The case was fully reported in the Daily News on both occasions. The court now gave judgment. With respect to the ver dict being against the evidence, the court were of opinion that it was entirely a question for the jury ea to whether they gave credit to Powell, the broker, and the witness (pr the plaintiff, or to Mr. Thornton himself and his nephew ; and, that being so, the court saw no reason to disturb the verdict on the ground of its being against the evidence. Mr. Baron Parke said the only reason why he wished for time to consider the ease was, in consequence of some observation by the Lord Chief Baron, in answer to a creation from the jury. Sir Fitzroy Kelly in his argument, in moving for the owl*, insisted that the amount of the premium was one cri- Orion by which the jury might judge whether iowell or Theraton told the Guth. It was said to have been a large geemdmn paid for a missing ship, and that Mr. Thornton Meld net have been likely to have asked suck • premium UM bad been told that the vessel sailed from Baltimore on the 12th and net hem the Capes. Now, if he bad thought that the Jury bad aka • question as to the amount of the riiTtto enable them to judge whether Mr. Powell or ah ornton told the troth, and that the Chief Baron had told the jury that they bad nothing to do with that ques tion, there would have been Rood ground for the motion for • new trial. He had; however, looked through all the documents with which the court had been tarnished, and from the beginning to the end of Sir F. Kelly's reply there was not one word of such an ar gument ; and the mode in which the shorthand writer bad described the interruption of the juryman who had put a question to his lordship was extremely obscure. The an swer which the Lord Chief Baron returned had nothing to do with the premium. It appeared, therefore, that this point had not been made at the trial to enable the jury to determine the question. With regard to the other points urged by Sir F. Kelly, none of them appeared to be well founded. There was a plea which set forth that the plain tiff had been guilty of fraudulent representation ; and Sir F. Kelly had contended that it was a great hardship on the plaintiff to be obliged to go into evidence to disprove the alleged fraud, whereas it turned out on the trial that there was no fraud on the part of the plaintiff. Upon looking at the terms of the plea, it was perfectly clear that it was un necessary, in order to support that plea, to prove fraud—it would be good on the ground of concealment or misrepre sentation, without actual fraud. As to the costs which the plaintiff had been put to, in order to repel this charge of fraud, and of which complaint had been made, that would be • question for the Master. Then it was urged that his lordship had not left the question of mate riality to the jury ; it was, however, unnecessary for him to do so, because the fact spoke for itself. The court were of opinion that the plaintiff was en titled to recover back the amount of the premium which he had paid. Mr. Watson said he was prepared, on the part of the defendant, to consent to the count for money had and ms calved being struck out ; and that the sum paid as premium should be returned to the plaintiff. Rule refused. MATNI tr. WILD.--Jurioxisr. This was an action against Mr. Wyld, tree geographer, for dilapidation,. The jury found a verdict for the plain tiff, damages one farthing. A motion was subsequently made for a new trial, and the court took time to esnaider itsjudgraent. The Chief Ba-on now mid that tbe tenet had looked over Mr. Baran Platt's notes, and bad aoalmed with him on the subject of the verdict. That learned judge was perfectly satisfied with the verdict, and the court were of opinion that the rule for • new trial should be refused. Rule refused. HVIIHERSTY 0. WARD.—JUDOMENT.—BILLS 01 LADINO. The Lord Chief Bares said that, in this ease, there had been a rule nisi for a new trial, which had been argued this term. The court were of opinion that the rule ought to be discharged. It appeared to him that when a captain had signed • bill of lading for the cargo actually on board the vessel, he had no right, by signing other bills of lading for goods that were not on board, to charge the owner. On the present oecsaion it appeared that the action was brought in respect of bills of lading having • priority of claim ; and the court, therefore, thought that the verdict was right, and that the rule for a new trial must be discharged. Rule discharged. iLIIINIAS OF THI COURT. The Lord Cbleilf;;;;; said that a day would be named for giving judgment in all cases in which judgment had not been given, and that it would be • very few days after term. On that day, all cues which remained to be argued would be beard. The court hoped. b 7 adopting this course, that not a single cue would be left m arrear. TIIZATTOIMET GIEVIRAL V. Tao Soma Wsatsatt RAIL- WAY C . .-FAZING EXCURSION TRAIN.. This we a special case to obtain the opinion of the court upon a toestion of considerable interest to railway compa nies and the public—usmely, whether the defendants were liable to pay the passenger duty of 6 per cent. in respect of excursion trains. The Attorney-General, Mr. J. Wilde, and Mr. Walton, appeared fur the crown ; and Mr. Crowder and Mr. Skinner for the defendants. The arguments were stopped, in consequence of • sug gestion trout the court that the case ought to be amendid. Serrisos AT Nut Pula—licroas KT. BATON PLAIT OM COMMON Jeans. N/1611 0. lITDOEIL—ASSAULT. This war snoct7anU;;;;;;coii;;;;;aiiOn in damages for an assault and injury done to some articles of furniture of the plaiutiff's by the defendant. Mr. Wortley ant Mr. Choke were for the plaintiff, and Mr. Serjeant Wilkins and Mr. Hawkins for the defendant. It appeared that the plaintiff, who had been • watch maker, applied to the defendant, who then lived in Lloyd- square, fur the loan of sows money on plated articles ; and the defendant savgaosd him 301. lie subsequently told defendant that he was entitled to about 17,0001. a year, and defendant speed, epos having poson , ios of his deeds, to baud and kap pisiatif sad hoe wife whilst ha was sulfa :l7rta &Nis peuessaien of the ipospsety in question, one wideli be vas se lave bis trouble and o:t e laj i Alta some laquiry, tie Wombat bead that then be groat diflicalty is endeavouring to prove the plaintiff's supposed cam, and then Omitted upon himself and his wife leaving his (defendant's) house, in which he had assigned than apartments, and to which they had Mined their :serrature. Plaratitt refused to quit, whereupon defendant closed the shutters of the rooms which he and his wife oc cupied, and on several occasions went into them with a watering pot and wetted the ANN., bedding, rued articles of furniture with dirty water. Upon ow of' those occasions a smalls took place (the plaintiff being as old man and the defendant a young one) during which the plaintiff had his arm broken in two pieces, and was fry a considerable time under medical treatment. A surgeon was called, who stated that he did not think the plvintiff would ever again properly recover the use of his arm and hand. The jury found a verdict for the plaintiff, damage:llooi. JUDGES' CHAMBERS.—YssnaDAT. Biro's y. Jcenea•Eua LVIIILIT V. OTZ. It will be remembered that an action was brought by Mr. Lumley of her Majesty's Theatre, sgainq Mr. Oye, of the Opera-house, Covent-garden, to recover damages in roger:, to Madlle. Wagner having been prevented front fulfilling her engagement at Her Majesty's Theatre. Subsequently applications were made to the Court of Exchequer (in which court the action was brought) on the part of the defendant, to plead and demur, under the new act, at the same time. Since the matter was last before the public, it has been deemed advisable to discontinue the action in the Exche quer, and a new trial has been commenced of a similar character in the Court of Queen's Bench, and on Tuesday afternoon an application was made to Mr. Justice Erie, is reference to the new action. The summons called upon the plaintiff to show cause why he should not elect between the last count and the first two counts of the declaration, or one of them, and why one of them should not be struck out, on the ground of a violation of the rule of Hilary Term, 4 William IV., against the use of several counts for the same subject matter of complaint. Mr. Willes appeared in support of the application, in. strutted by Mr. Tamplin, attorney for the defendant, and Mr. Templer, instructed by Messrs. Lewis, for the plain tiff. Mr. Justice Erie, after hearing the learned counsel, de clined to make an order as prayed, and directed the costs of the application should be costs in the cause. CONSISTORY COURT.-YESTERDAY. B. YOU Da. Lyntioaros. ii;ILWILL V. HANZWILL. This wu a suit for the restitution of conjugal rights, and it derived some little interest from the " scenes " which have taken place between Mr. and Mrs. Hakewill at several of the common law ani police courts. The proctor fur Mr. Hakewill, who had been enjoined to take his wife home, and treat her with kindness, stated that his party wu perfectly willing to obey the decree of the court, and an arrangement was, therefore, made with Mrs. Hakewill's proctor uto the time and place where he should receive his wife. INSOLVENT DEBTORS' COURT.ZSTERDAY. BOORS Tee CW., COMMIKOMILL IN THE MATTER OP WILLIAM DARE. This insolvent was opposed by Mr. Cooke for some credi tors, and Mr. Dowse supported. The insolvent had kept a pie shop in Bowling-green-lane, Marylebone, and a good deal of amusement was afforded by the means adopted by the insolvent to increase hie business. On the opening night, when he took • large sum, he put some " fourpenoy pieces" into the pies. The Chief Consmiuioner expressed his surprise that four penny pieces should be put into pies. It was explained that the pieces were to get purchasers for pies. The manner in which it was practised occasioned a good deal of laughter in the court. The 16th of February was appointed for the final order ; and on the next occasion the insolvent was to consider whether he could not make a proposal to pay his croditoss. Booms Ma. Cormtestowiz Law. IH RE EDWARD LOSS/DALE. This insolvent appeared far judgment. The CUE was heard on • former occasion. Mr. Commissioner Law pronounced a judgment of six months from the vesting order, under the discretionary elates. IN RE WILLIAM BEYOND. This insolvent, whose case was formerly heard, now ap peared for judgment. His Honour gave a judgment of nine months from the vesting order, for making away with property. cease which were in the list, said that the parties repro- seated by him did not resist the plaintiff's right to take the lease as lead, but reserved whatever rights they might have la the 8. fn.'s. After some discussion of a purely technical nature, the Under Sheriff went over the evidence, and left it to the jury to my what in their opinion was the value per year of the defendant's interest in the lease of her Majesty's Theatre. as the jury retired, but in a few moments returned, and the net value of the lease at 3,0001. a year. The same verdict was then given in six other cases, : Hughes v. Lumley, claim 6,0031.; Same v. Same, 1,4111.; Storer v. Same, 2,6681.; Lyon and Barnes v. Same, 22,4861.; Ferlotti v. Same, claim MIL ; and Hart v. Same, 2,1761. The claim in the case tried was 1,1431., making together, exclusive of fractions, 36,3381. It was ststed in the court that Mr. Lumley paid 100,0001. for the lease. MIDDLESEX SEW; lONS.—YESTERDAY. Brooms Ma. ramamer Amin, Assinsier Jews. Henry &think 16, and George Riley, 16, were indicted for stealing two coppers, the property of Henry King Church ; and Joseph Humes was indicted for feloniously receiving the same, well-knowing them to have been stolen. The two first named prisoners were found taking the eoppers from • house of the prosecutor, 6, Sutton-place, Hackney-road, on the 22nd of December; they put them on a truck belonging to,Humm, who was • marine store dealer, and it appeared that he bought the Copan* and afterwards sold them to a person named Lewis. The latter sold them to • Mr. Springey, in Birdcage-walk, Bethnaligreen, who disposed of them to Messrs. Pontifax, of Shoe-lane. The jury acquitted Humus, and found the two boys Guilty. They were then tried on another indictment of the same kind, with the like result—the Assistant-Judge having in• timated to the jury that he did not c insider the evidenze made out the charge of receiving against Hamm. In the course of the cue, Mr. Springey, whose name is mentioned above, complained to the court of the conduct of two police officers who were engaged in the case. About eleven o'clock on the night of the 31st of December thou individuals, Sergeant Smith and Francis, a constable of the N division, west to his house dressed, the ono as a " navvy"l and the other sea countryman, and, without producing an] l warrant, insisted on his going to the police station with them, and »rased to allow a friend to go with him to bail him out. They took him into custody for receiving stolen goods, but he was bailed by the inspector on duty at the station, and he was discharged by the magistrate. In explanation of this the officers said they had been en gaged two or three days in tracing out the coppers, and having ascertained that they were in the possession of Mr. Springey, they went to his house before they had had time to resume their uniform. He came down undressed, when thsy isld him they were police officers, and the nature of *de saint, visa Springey said he had disposed of the hawse violent. He then seised a cutlass a wrk g iras Iteg near the door, and was about to draw it from the baird, when Francis seized it and snapped it asunder, thinking he was about to use it. They then took him into custody, and as to the refusal to permit a friend to go to the station to bail him out, they did nothing of the kind. What they did was this, the) took bins to the station in a cab, for which they paid, and objected to allow any other person than themselves in it . They appre hended him for the assault, and he was bailed out at the station. The next day he was charged with receiving stolen goods, but was discharged. The Assi-tent Judge cautioned Humus as to his future conduct, for he had no doubt he (Humm) was aware he was dealing with thieves, and another link in the chain of evi dence would have sent him out of the country for 14 years. He hoped the police would keep a sharp look out on the neighbourhood. He then sentenced each of the boys (against whom there were two other charges) to one year's hard labour. The officers whose conduct was complained of were then called forward. The Assistant Judge told the inspector on duty that he did not wish them to be reported for what Mr. Springey had complained of, as he had no doubt they were active offi cers and meant no wrong in what they had done. If Mr. Springey had anyeemplaint to make he must lodge it at the proper quarter; but nevertheless, he would say, they ought not to go in the way they had, at eleven o'clock at night, to an Englishman's house, particularly in the dress described and under such circumstances. With a man who felt he had done nothing wrong, his blood got up, his feel ings were roused, and of course he would resist. No doubt what the officers had said was true, but he would advise the police not to act again in such • way, and he hoped that they would be more cautious in future. Thomas James Johnson, a well-dressed man, surrendered to take his trial on an indictment in which he was charged with having assaulted Anna Maria Arnold. The prosecutrix, a young woman eighteen years of sge, the daughter of a painter, deposed that she went to live as servant of all work at the Black Lion public-house, New Montague-street, Spitalfields. On New Year's-eve she was in the bar parlour at work, when the defendant came in, and bad some gin and water. He asked her if she was not • new servant, and on being told that she was, he remarked that she must have a great deal of work to do, and asked her if it would not be better to get two or three pounds from a man like him rather than slave there in that way. Her answer was, that an honest shilling was far better than the greatest gains ill-gotten. He asked her afterwards if she had ever seen a comet, and on her answering in the negative he said if she went into the yard there was ens to be seen. She did not go, and he drank his gin and water, and left the bar. Shortly after she had occasion to go into the yard to fetch a pit When she was there some man laid hold of her and forced her into the skittle ground, and shut the door. She then described a struggle that took place between her and her assailant, in the cipiree of which she fell on her back, and screamed out "Murder," " Mercy !" and the man placed his hand on her mouth, and one of his knees on her chest. She bit his hand, which made him remove it. She extricated herself and got away. She was unable to swear that the defendant was the person. She returned to the Ms parlour, and shortly after the defendant re-entered and asked her what she balleo'd so for, and whether she wanted le stake the governor think the house was on fire, and said be had made up his mind for her, and would trap her before the next week. She told the pot-boy of it, the same night, and he laughed at her. She did not tell her mistress that night as she had been to the theatre and was very busy when she came home, but she told her in the morning the first thing, and went home to her mother. Mr. Ballantine cross-examined the prosecutrix very sharply as to her character as a moral young woman, but she negatived every imputation. The learned counsel addressed the jury, urging upon them the extreme improbability of the girl's story, and the utter absence of everything in the shape of corroboration. His client was a most respectable man, and through him most solemnly and most emphatically declared that there was not a syllable true in the accusation brought against him. Several witnesses gave the defendant a most excellent character as a moral well conducted man. The Assistant Judge summed up the case in detail, and with great perspicuity. The jury returned a verdict of Not Guilty, which was received with loud applause. This was immediately checked. The Assistant Judge said he agreed with the verdict, but at the same time he thought applause should not be in dulged in. He did not think that the girl was not assaulted at all. the postage. The entry on the 11th of January is No. 16. The weight on the envelope, addressed to Messrs. Bailey and Co., is 23 ounces, and postage 4s. The number is in the prisoner's writing, and the tax or postage. The entry is " No. 16, January 11, Bailey and Co., Abergavenny, weight 11 oz., 21., sent by Masterman and Co." The pri sooer has accounted for 12 tonnes' less in weight and 2s. in postage. The envelope addressed Messrs. Bailey and Co. on the 18th of January is No. 4, weight 32 ounces. The tat, ss. 6d., is marked by the prisoner. The entry for that package in the book is " No. 4, Bailey and Co., Abergavenny, 14 ounces, postage two shillings and sispence, Masterman and Company." The weight defi cient is 18 ounces, and the postage 3s. Thelenvelope ad dressed to G. Rae, Esq., on the 11th of January, is No. 12, weight 15 ounces, postage 2s. Bd., in the prisoner's writing. The entry in the book is " January 11th, No. 12, G. Rae, Liverpool, 9 os., Is. Bd., London and Westminster Bank." The deficiency in the weight is 6 ounces, and in the postage Is. The cover addressed S. Provis, Wills and Dorset Bank, Salisbury, is No. 13, weight 19 ounces, postage 39. 4d. I■ the book the entry is "January 11th, No. 13, S. Proris, Salisbury, 7 os., postage ls. 4d." The deficiency is 12 ounces, aol 2s. in postage. The envelope addressed Wm. Taylor, Herefordshire Banking Company, Hereford, is No. 10, weight 17 ounces, postage 35., in the prisoner's handwriting. The book entry is " January 18th, No. 10, Wm. Taylor, Hereford, weight 8 os., ls. 6d. postage, London and Westmin ster." There is a deficiency of 9 os. in weight, and Is. 61. The envelope, addressed G. Rae, Esq., is No. 17, weight 16 oz., postage 21. 10d., in the prisoner's hand writing. The entry in the book Is, " January 18, No. 17, G. Rae, Liverpool, 7 oz., Is. 4d." There is a deficiency in weight of 9 oz., and ls. 9d. in postage. Similar evidence was given as to the weight and postage of other parcels received by the prisoner, who, upon being asked, according to the urns' form, whether be wished to say anything, replied, "No." The prisoner was then committed for trial. The Lord Mayor requested that the press would acknow ledge his receipt for the poor-box of 101. 10s. from the Clothworkers' Company, and Ll. from Beta. LAMBETH. Henry Godshall Johnson, elm Captain Johnson, was again placed at the bar on a charge of obtaining by fraud and false pretences from Mrs. Sarah Stewart, a widow lady, residing at Islington, cash and railway shares to the amount of nearly one thousand pounds. The lengthened testimony of Mrs. Stewart, and which has already appeared in the Daily News, was read over, and at its conclusion the witness added that she certainly should not have entrusted the prisoner with her shares or lent him ai,y mosey if she had net believed the statements he had made, and which were to the effect that he had held the appointment of comptroller at Antigua, that he was ne phew to Lord Palmerston, that he should place the pro ceeds of the railway shares at the London and. Westminster Bank, where he represented she would get bettor interest, to her account, that he was coming into money, 2,0001. of which was to be mind upon a mortgage, and to be also placed in the London and Westminster Bank. The witness identified five cheques drawn oa the London by her and given to the prisoner, and amongst the number was one for 1001., which she said she had handed to the prisoner in consequence of his having shown her a letter from a Mr. Garner, who he represented to be the owner of some slate quarries, and from whom he was anxious to take a share in the property. The prisoner did not say where the slate quarry was situated, or whether it was in Wales or elsewhere. In a conversation which the prisoner had with witness, he said "If Lord Palmerston should come into power it will be 4001. a year to me." The prisoner had also represented himself to her as a single man, and had made overtures of marriage to her, but this she treated as a mere joke. lie had also represented to her that there was a title in the family, and that his father was a very old man. The witness added, that she used to keep her plate at her banker's, but as the prisoner kept a good deal of company at her house, she took it home for his use. Police constable James Brown, F 140, said that on taking the prisoner into custody on the 4th instant he told him he was charged with stealing two gold seal. and other things from Mr.. Stewart, and also with obtaining railway shares and money by false pretences. The prisoner said, " Where is Mrs. Stewart ? I can settle with her in five minutes. I shall be ruined it I should be locked up, as lam coming into possession of 4,0001., and if I should be locked up all sight I shall be a ruined man. The teals I've got about me, and the diamond ring I left in another country, and I eau get that for her." I took him to the station-house, and watching him found 71. in gold and lls. Gil. in silver, a gold watch, a chain, two gold seals, and the latter he said be longed to Mrs. Stewart. I found at his house 196., another gold watch, two diamond rings, a gold pin, two brooches, all new; and the furniture of the house appeared to be all new, and of a costly description. Mr. Elliott inquired if there was any testimony to be produced as to the mode in which the prisoner had els tained his livelihood fur the last six months, for if, as it had been alleged, he had been obtaining a living by fraud and imposition, it would go a great way to negative his preten tions that he was a man of property. Mr. Bions thought that the fact of the prisoner having lived at and having been recommended from the Prince of Wales Hotel, in Air-street, Regent-street, was sufficient to stamp his character. lie (Mr. Bien) was not aware that there was any further evidence at present. Mr. Elliott expressed some surprise that the pelice-con stable Brown was not in a condition after three weeks opportunity to inquire and find out to say something about the character and antecedents of the prisoner, and having fully committed the accused on the charge of Mrs. Stewart, remanded him to a future day for further testimony. SHERIFFS' COURT.--YESTERDAT. they would be more cautious in future. all new ; and . the furniture ortie souse appeared to be al ; s - t - Thomas James Johnson, a well-dressed man, surrendered Heroes lea. I.74lDZieeLelet Buseens.. new, and of a costly description. to take his trial on an indictment in which he was charged Heones v. LUMLIT.-1111. MACZITY'S TIIZATaII. Mr. Elliott inquired if there was any testimony to be • 1 •• with having assaulted Anna Maria Arnold. J I This wee an enquint under a writ of e: . egeat, which di- produced as to the mode in which the prieoner had o'o- .1 , The prosecutrix, a young woman eighteen years of age, reeled the sheriff of Middlesex to ascertain what preper•y Mined his livelihood fur the last six months, for if, as it had Ji the daughter of • painter, deposed that she went to live 04 the defendant poesused within his bailiwick on a certain been alleged, he had been obtaining a living by fraud and j e servant of all work at the Black Lion public-house, New day when judgment was entered in an action between the imposition, it would go a great way to negative his preten- IL Montape-street, Spitalfields. On New Year's-eve she was plaintiff and the defendant. eons that he was a man of property. K in the ba• parlour at work, when the defendant came in, Mr. Unthank appeared for the plaintiff. The defendant Mr. Bins thought that the fact of the prisoner having p. and had some gin and water. He asked her if she was not was not represented, and Mr. Peachey (of the fi rm of lived at and having been recommended from the Prince of 1 7 • new servant, and on being told that she was, he remarked Ofivenee, Levi', and nacho') appeared for parties con- \Vales Hotel, in Air-street, Regent-street, was sufficient i t that she must have a peat deal of work to do, and asked armed in eller same whisk were in the list. to stamp his character. He (hlr. Beins) was not aware u her if it would not be better to get two or three pounds Sere deseudea leek plaice as to the order in which the that there was any further evidence at present. u from a man like him rather than s la ve there in that way. eases @bead be tam, and which should be taken first, but Her answer was, that an honest shilling was far better Mr . Elliott expressed some surprise that the police - con- M ultimately it was decided that the first of three of "Hughes condition after thr ee weeks M stable . Brown vies not in a than the greatest gains ill-gotten. He asked her afterwards • • • M to. Lumley," should be taken.opportunity to inquire and find out to say something about N if she had ever seen a comet, and on her answering in the Mr. Unthank, in opening his cue, said this was a fro- op character and antecedents of the prisoner, and having r negative he said if she went into the yard there was media, under • writ termed an elegeat , and the della ant fully committed the accused on the charge of Mrs. Stewart, te ens to be seen. She did not go, and he drank was Mr. Lumley, the lessee of the Italian Opera House in remanded him to a future day for further testimony. 0 his gin and water, and left the bar. Shortly 0. the Haymarket, whose spirit and talent in the manatee after she had occasion to go into the yard to fetch a P meet of the Opera were so well known to the pub 'e, pal. When she was there some man laid hold of her and P lit who had unfortunately been brought to the same pool- MARKETS. forced her into the ARO, ground, and shut the door. She P lion as his predecessors in opera matters had been. The pre • p then described a struggle that took place between her and - sent proceedings were to enable the creditors to pay them- COTTON.-Irtvearoot, Jere. 26.-The sales to-day are P_ her assailant, in the c,uree of which she fell on her back, , selves with the geode of the defendant, but the only propertyat 8,000 bales (of which 2,000 on ulatioB, '- and screamed out " Murder," " Mercy !" and the man estimated e -. • - -S Pee . a the attlition of the Jery would he called to, was the lease of placed his hand on her mouth, and one of his knees on her and includ ouu Bahia, at 6d. to uea. ; 1,500 mgyptian, ~ the theatre, and the Jury would have to mum the amount 500 Surat 3ed. to 41e1._; 30 Selsliands, 19d. to ice chest. She bit his hand, which made him remove it. She which, after the evidence they would bear, they might con• extricated herself and got away. She was unable to swear 2fid t° Bd . . The market closes with a . hardening tendency. Com- B eider that lease worth ; or, in other words, they would have that the defendant was the person. She returned to the pared with Friday's rates, prices of all . kinds, except Bra- a to say what the y considered to be Mr. Lumley's beneficial bar parlour, and shortly after the defendant re-entered and ails, are extreme. .American, sid. to 60., is 1-16 dearer. 11 interest in it. The scenery sad what might be termed the * asked her what she halleo'd so for, and whether she wanted theatrical property were in the pomeauen of a creditor CORN.-BeeroN, Jan. 26.-We have had a moderate ', e , to make the governor think the house was on fire, and said when the officer of the sheriff went in under the elegeat, show of Wheat at market to-day, the greater part of which 4; he had made up hie mind for her, and would trap her and the title of that creditor, Mr. Holloway, being found was in very bad condition, owing to the late damp weather; v before the next week. She told the pot-boy of it, the same unimpeachable, all claim on the pert of the plaintiff to the the best samples found buyers at Is. per qr. decline; red, T night, and he laughei at her. She did not tell her mistress personal property was abandoned, and in the present case 465. to 475. • white, 495. to 50e. Rather more inquiry fur U that night as she had been to the theatre and was very busy Be a us _, ‘ ,.•, h made 36c. to 37c. e then wall no personal property whatever, and the jury had when she came home, but she told her in the morning the ...' "'" only to say what the lease of the theatre was worth to the oeoceTeer-os•Tzete Jan. 26.-We had a moderate S first thing, and went home to her mother. e creditors There were two leases, and the rent payable supply of Wheat this morning from the grers for which s Mr. Salentine cross-examined the prosecutrix very under them was nearly 2,0001. a year. There were large the demand proved slow, at • decline of l e pe r qr. on last e sharply as to her character as a moral young woman, but and onerous insurances to keep up, as was the case with all week's currency. In Oats there is no change to note. Beans 1 she negatived every imputation. theatres; there bad been an assignment of places and boxes were in request, at full prices. 1 The learned counsel addreesed the jury, urging upon in the theatre, and there were covenants in th e lease which them the extreme improbability of the girl' a story, and the CATTLE.-CROYDON, Jan. 27.-This market was scan reduced the value of the theatre to any person now taking utter absence of everything in the shape of corroboration. Lily supplied with fat Beasts, but they were of good quality. it, and the jury would have to say by their verdict what His client was a most respectable man, and through him O w i ng t o th e s u itable weather for slaughtering, and the the theatre was worth to let, after making these deductions, most solemnly and most emphatically declared that there number of buyers in attendance, the Beef trade ruled A and taking into consideration the circumstances surround- wee not a syllable true in the accusation brought against steady at has: week's prices. With Sheep there was a good 1 leg the matter. him. Mr. Willis, officer to the Sheriff of Middlesex, deposed supply; the demand was decidedly active fee all sorts. The t Several witnesses gave the defendant a most excellent best Downs were all sold without difficulty at rather more that he entered and took possession of the Opera Howe character as a moral well conducted man. than 51. per stone cf 81bs. Calves in moderate supply, the under writs of execution against Mr. Lumley. There were The Assistant Judge summed up the cue in detail, and demand brisk, and the prime•t quality made 4s. 4d. to some writs of Fi Fa at the suits of Hart and redone He with great perspicuity. 4s. Bd.; the large coarse calves, 3s. 6d. to 3s. 166. The Pig afterwards had warrants under the elegeat. He had to levy for 1,1431. 10s. He was told there would be a claim to The jury returned a verdict of Itrot Gu il ty, which t ra d e f or both porkers and stores was brisk at previous rates. was received with loud applause. This was immediately Suckling Calves, 20s. to 27e. each. Lean stock sold freely I • th e theatrical prope rt y, and he knew that after some inter- checked. pleader proceedings that claim was allowed. at high prices. I The Assistant Judge said he agreed with the verdict, but LEEDS, JAN. 26. -There was a numerous attend ' Mr. James Scott, auctioneer and appraiser, of Cam- at the ISMS time he thought applause should not be in- &nee of buyers at the fair to-day. For sale there • • bridge-street, Gelden•square, proved that he held poems- dulged in. He did not think that the girl was not assaulted were 672 beasts and 4,400 sheep. Generally the cattle • lion of the theatrical property before and at the time these , at all. were in good condition. Beasts sold at from 69. Bd. to ' P.meeedisg. we re t a k en en be half of Mr. Holloway , °` Mr. Witham tried a case in the committee MOM, but the 7e. Bd. per stone of 16 1 b5., and sheep at from 6ed. to 7d. marehwood Lodge, in the county of Southampton. details were of no public interest. r lb. • The Under - Sheriff remarked that that was e name in connexion with the Opera House. - ROMPORD, Jan. 26.-Our market continues to be fairly I As indenture dated Nov. 30, 1849, was put in. In con- THE PO LICE upplied with stock, and prioes firm. Beef, 3e. 4d. to 4s. 2d. siderstion of • debt then due from Me. Lamle to Mr. Hol- COCOUBTS. Mutton, 3s. 6d. to U. 6d. Veal, 3 s. 6 d. to 4 s. 6 d. Pork, loway, and the advance of a further sum of 6,0651. Bs., Mr. Si. 2cl. to 4s. Lumley assigned to him the furniture, fixtures, do., of the MANSION-HOUSE. Sourneee, Jan. 26.-The supplies today are short. , theatre. It was under this indenture that Mr. Holloway, Wm. Hawkins Adams, who has been many yeas clerk Beef made from ls. 10d. to 49. Mutton, 3a. led. to Si, 1 . whose Christian names were Horatio Francis Kingsford, in the Post-office, was brought before the Lord Mayor for Veal, 3s. 10d. to S. Pork, 2.1. 10d. to 4s. per stens of e put Mr. Scottie peesession on the 14th January, 1852. The final examination, upon various charges of robbery. Mr. 81be., Milking the offal. r assignment included the music printed and manuscript, Peacock, the solicitor to the Post-office, attended for the ----- ____ ___ t scenery, dc., both of the theatre and the concert room, and Firoloastion. SNIPPING INTELLIGENCE. I an interest Mr. Lumley had in a sum of money. James Ramsey, messenger to Messrs. Jones ;Loyd and SEABORNE MAILS. D The lease of the theatre was produced, and proved by Mr. Co., Lothbury,_ said-On the lath of this month onthl too n k es a ___ _ _ that - -__ - - easamd l i tet.offie 1 e John Espin , solicitor, of Bedford-row, one of the attesting parcel to the reet•olikey of w hic h . t he paper _ p ro du ce d Co. i t s ha ml a r t a t l A y s r e cg r ys =r oW : l Te witnesses. ' The document produced was executed in 18a, the coverieg. It is directed Messrs. D. Jones and C, by --. Degrade madeap' Frame what I When fora term of 66 years from 1825, and the palliest* it were bankers , Ltandovery. I paid 3s. 2d. postage upon it, and COUNTRIES. In Omare/ FM- Part I due in Faithful Croft, as executor of Thomas Holloway, of Chan. delivered it, together with that money, to th e prisoner, Onse Leaden. Mpatelted. railand. 1 eery-lave, Mr. H. F. K. Holloway, and Richard Groom , who signed he book produced for th at and two other par- ---.- -.-•- li John Richardson, James Denew, - Edward Legh, and James eels, the amount for the whole be ing 69. eld.. p Amertoathyfirttpudret 11 I Jan. W..... ...... ... Limped.- Arrived Mr. Alfred Douglas , hnr clerk to Messrs . Smith , epee, and kureinithyUnitect Stamm' 4 Foster Groom , as assignees of Thomas Chapman. The rent M • the 18th lost. I tool, picket ) ..........,__LJaa. 2L.............. Uvarpert-.. Feb. 3 I for the audience part was 1,5691 . 6.. per annum, and under Smith, of Lombard street , said-On e another lease attached to the one mentioned, the rent for three parcels to the Poet-office and po te ng liv e e . red on them to the A •men .atrada aet t a vm alli.ete atama t'eaa p ll ✓ the concert-room was 365/. Bs., making together, 1,930. 14s. prisoner , paying him 6s . 2d. as th e paper "John Amby, Esq., Stourbridge," I tun) el Ilea of sack moath,Southampton. Feb. 24 a There were co ..... ts for the payment of taxes, repairs, produced, addressed Ditto (via Hamill/a) N 124th of the mootteleover .........,Feb. 1 t and insurance, in two puma of 20,0001. and 14,0001., and paid 3s . for the postage as part of the 61. 2d. *Mu(rte Ceps et (Rod i also conditions binding Mr. Lumley, his administrators, T. Birch, clerk in the London and Westminster Hope) l4,2nd of February... Flynn:oath ...lJan. I/1 Mc not to devote the premises to any purposes than thoset ere, Bank, bie. Lo hb said-On the 11th instant I took to the Vets ( Most tweet) 1 4 ,25rd of the math Plymouth ... Feb. 12 •.Jan. 25 of a theatre. Peet-office 13 packages, for which I paid as postage to-larldrlae I . ll l l o . 4 vtbkaath elms. Dowe l:Wm Mr. Charles Ferber deposed that he was an auctioneer U. ss. 10d. to the prisoner. The envelope produced is that Hued -........... ............ of the math aloethaiipton ; Feb. 16 and appraiser in Warwick-court, Holborn. He was ac.. o f one of the parcels, and is addressed "G. Rae, Esq., . ~..Ai r. ., .111 9th of the month Southaroptoo.'reb. 16 d customed to value this kind of property leases , and he had North and South Wales Bank, Liverpool." I paid on th at Uttar's% . . M 2a4Stlrtbormeath Soathameten , . Feb. I , t had considerable experience in th ese matters. He had con-Th e produced addressed • Cape °Mood 1i0p0...N 14thof the month Southampton. Feb. 26 package 2... 8.1. for postage. cover 14 14th of the moth Southampton. Feb. 26 , aidered the opera•house with realign tto its annual value, 8. reeves, Esq., Wilts and Dorset Bank, Salisbury," was Cafte de Vega I to the 3, td eeartentioople • le iftalfteetthotmais cover :len. 30 „'" and of course the liabil•ties of the lessee. He had con- one of these parcels, and p aid p risoner • •u p on =Antra Metthe sidered the thing in all its beans' p, and was of opinion that that packet for portage. Ou 'the 18th inst. I took 11 other .. . tmoco taw ......14 ms ,... wsd. josid socthssioss. , Th Ta.sa. g the annual value of the building was 5,5001. That was not Packets to the Poet-office, and delivered them to the pri- rt,iii Mlladlsl7theimonth lotithamptok, Feb. 1 211041 Twice dilly over and above the rent. That was his estimate of the Boner and paid hint 11. os 6d. as postage. The cover pro- eraser e value per year. The future lessee would take upon duced is that of one of t hem. It is addreeeed"W. Taylor,. GT,AO._ .......-..../f7thl7th2 7 thef moo Dome ........ Jae. SO E r i o nslelf 01 the liabilities of the covenants, and, deducting Esq., Herefordshire Banking Company, H ere f o rd . "_ paid ,1ta;Mb_115 ..................u N:Tuaada w . 4 .9 111 6 Pr u i t t/ . umwson....... lAwerm..-.... Tpleett. e .. rt the rent, be estimated the net profit rental at 3,5001. That 3s• for that package . That sum was part of the sum ii l_have /1 c . .. i e.."... ........ ti 17th date stentb Mithemeen. Feb. 16 1 " he considered would be the interest of any person placed referred to. The_ witnesside a ntieed the cove' of the Inland - .Miltl4 Twice deity lietylwed...... Twice de. 'e in Mr. Lumley's situation as lessee. The risk of letting packages addressed to other p rues, and paid for at the Ladta(vtaSooihani t.) 111,4th&ZOthof month louthautptoo. Feb. 24 if could not be estimated. Ile had made this estimate same time. ladle (els ) 21 1 Stims.l4thef mooth Dever ........ Feb. 1 allowing that 41 boxes and 55 stalls had been assigned. Samuel Marsden , messenger to Messrs. Masterman and India (via Ceps rd Qom , 1 N' 14th of the month Southampton. Feb. 26 ~ The Under-Sheriff asked what the value of the lease was Co., of Nicholas-lane, proved that he had delivered six 4tr t al a NlOh of the month Southampton. Feb. 26 it as • simple chattel. parcels to the prisoner, together with the postage, amount- ti l y , m t „, ing to 15s. 64., on the 11th instant; and, on a su b sequen t - ,,, s teereemel ieteee vie -2 24, 1 4th.latithol useathl Southamptan. Feb. 24 The witness said that would be very di ffi cult to say. Feb. 1 1 - Mr. Unthask said he did not take the lease as a chattel, day, other parcels, together with 169.4 d. postage, and that D100(41e ) ?4 4(.11a34th oteaccm , Dow 1112nd of th e ntonthlgoothatepton. Feb. I bat, as he was enabled to do under the act of parliament, the packages addressed to Messrs. Bailey, of Alirgavenny, Meek* y e he treated it as real property, and elected accordingly. belonged to the number. Madeira - A 9110123d0t therno..ttoothemplos. Feb. 12 would not in any way treat the lease as a chattel, but H es e ir. George Jobe Nash, clerk in the Inland Department mate ..... ..... - ..... N 1 lth • lfil d a s°427eb In. 25 month Dever "...... land, as there was no personal property? of the rust office, said, the prisoner has been fer many t4,,,,1... PI Stillsth2Stlialma Dover es The Under-Sheriff observed that there wen writs of fl. fa. yeses clerk ie the office, and has lately acted as clerk for se pal etatire lt sthl.6oosthotmoni Dover eenthateptoo Jae. 26 inoel re in the hands of the o ffi cer before the one in the present linkers' parcels, and it was hie duty to receive bankers' Peninsula N 7thlrth27tkor OM. How were they to be regarded as to•priority ? parcels and the postage of them, and enter them in a book Fern M ilaidAl7thof monthiSouthamptoa. Feb. 1 Feb. 2 11 24 2ba Sthlt i th wi tt et tklf os so% .40 1M . ver th.032 Feb. 1 a Mr. Unthank thought that did not matter. hatT ques- with the weight of them en d . the pos t ag e re crived. I pr o Tmeam icam l e lion would be treated as in the cue of a first mortgagee. duce that book. The entries oug h t . to . have tne precise Van mo w, Lind* , 1- The learned Under-Sheriff' might impart into the finding of amount of postage . received_ by him, and the we i ght of each Australia) a- the jury the feet of prior writ ; but the jury must find what packag e. The entries on Jan. 1 8 , are t • pr i soner'shand- ~ ma mans tot „ Imam am macapc of oaaa amp. ..T. .4.. id was the worth of the lease at the time of the judgment in writing. The weight marked on the envelope addressed to ea the tad et away aNereate month. Them made up on the sotg Id this case. Messrs. D. Jones and Co. is 18 oz., and the postage is 35. 2d. sad 14 t h el bil k math v i a n c ,,, t h. p u,,,, and Marseilles an sent by id The prior writs were then produced pro forma, and in the prisoner's writing. The number of the packet is 24 in 'ailing meets at mum from Singapore. to proved , the prisoner's fi gures. The entry in his book is " January 4 Nags are As =as up on the lid 01 every alternate mouth fet e- Mr. Farber, in further examination, stated that he con- 18, No. 24, Jones and Company, Llandovery, weight 6 oi., the o C s Pe. n . m u m ° m ess , Ibu s tko t ayyN t e i t y thus nar k e d (e) . w e compas s sent by Jones Loyd and Co., per memenger or ei as Massed the °assts. worth 3,50 0 1 ' e 'y eee ' treee P eeltee of the is. 24 f itag by IV H. Adams." There le Tn." /se ll s is tim e r. saga tilts toot be made up Ude math 7. fact that the scene y, properties, eke., did not belong to it. 1 clerk, J. Ramsey . Received W. et* The West Ong at 14 Kr. l'eschey, who appeared for parties cancerned lumber 12 ounces not accounted for, and 2s. not areoluttsd for In berme the sight alas rith len, CASUALTIES. Amerirs (Royal hence nt Boston, when off Cape Lyon (qy. Cape Lynes), Dee. 25, took two men off the wreck of the schooner Montpelier, of Salcombe, one of whom died immediately after getting on board the America.—Mem. : The Montpelier, Adams, sailed from Salcombe fur Liverpool, Dee. 21, and was yesterday reported as a missing vessel.—Liverpool, Jan. 26. Cluny, M'Curdie, of and from Liverpool for New Orleans, put in here, Jan. 21, with 5 feet water in her hold, hay. tog struck on • rock off the South Rock Light. She is aground in the harbour, and the cargo is being discharged. —Ardrossan, Jan. 24. Charlotte and Carl (Dutch schooner), Schlor, from Riga to Hull, came ashore hero yesterday ; part of cargo and stores saved, but the vessel is expected to become a wreck. —Somereotes, Jan. 24. Daisy (sloop), of Berwick,Brucc, from Glasgow to Dunkirk, was stranded on the beach yesterday, and has discharged, she will be got off and into port for repairs.-llartlepool Jan. 24. Haggerstonn Cs.) left West Hartlepool, Dec. 25, for Lon don, wu seen, two days after s urds, ott ' , dry, in dis tress, and has not since been heard of. Petite Camille, of Dunkirk, Casten, from Newcutle to Bordeaux, was burnt, near Galloper, Jan. 14 ; crew saved.—Paris, Jan. 26. ARRIVRD. ADIII*NA—at Gravesend, January 25, from Steeds Am:urea—at Gravesend, Jan. 26, from CATUAIIINI—at Gravesend, January 27, from f.Mr..?.= CHANUYITE AND Manta—at Falmouth, January 25, from Galata Li: rears —at Falmouth, Jan . iary 24, from... ... ....... Bahia Mimosa SOPHIA—at Gravesend, January 26, from... . Gotteohurg Esoim —off Liverpod, January 26, from London Eusavers—at Gravesend, Jan. 28, from Denmark rituals—at Gramma], January 2 4 , from Charente VALANCE—at Gravesend, Jan. 26, from I FLowea or YAHROW—at Bristol, January 25, from...St Michael's Grouts Caai.—at Gravesend, Jan 26, from aintrio If.srea—at Gravesend, January 26, from Denmark Jonsasza—at Gravesend, January 26, from Denmark JOHAN Goma—at Gravesend, January 26, from —....-Bremen Jous—at Gravesend, January 26, from Hosts* litatellfa—at Gravesend, January 26, from __Bravest Kaaa—at Deal, January 25, from .Madam Lacarrra—at Gravesend, January 26, from .......... ....Cadiz LANACOMI--at Oraveoend, January 26, from Locisa CimaLorra—at Gravesend, January 26, from Danizio Lausona—off Liverpool, January 26 Miura Baaroir—at Liver January 26, from...6L John's, N.B. MARIANNA—Et GM January 2”, from.. Sweden Meru. C*Tif AlWA—at Falmouth, January 25, from P. au Prince Illatteuisaras or lINEADALUAhI -off Queesstown, January 24, from Honduras ---- Emanen—at Falmouth, January 24, from Odeon Fames norm—at Gravesend, January 2G, from Amsterdam ituentrira—at Gravesend, January 26, from Riga 21. Jacau—at Gravesend, January 26, from Dantzia Sin Jona Bammeu —off Liverpool, Jan. 26, from ..... ...London Two 611ITEIN—at Gravesend, January 23, from .. Deilmart Fiats—at Gravesend, Jan. 25, from B. Ayres WEOPILIA—at Gravesend, January 2d, from. Emden WISIIVIL\D—oa Liverpool, January 26, from Calcutta 1 ZSTILLA—at Gravesend, January 23, from lllaratrund SAILBD. AIIALIA-from Gravesend, January 26, to .Malaga AIIICITIA IT PLOW-from PCIFfrOIOIIOI, January 64, to Surmaca A sausa-irosu Ramsgate, January 23, to Rio Janeiro Arainta -from Ramegute, January 23, to Bazukaag AWL1...41D1-from Covree, January 25, to Tobago Aug aatus- tram Portsmouth, Jan 24, to Marseilles Scram-from Pet unnoutb, January 25, to New Orleam ACIITI-from Ramagate, Jan. 24, to Ilorantialt ANNA Muoaarrna-Iron ltamerrate, January 24, lo Marseilles AO.. HA-from Salcoobe, January 24, to. .Alicante &Kama- from Portsmouth, January 24, to Matanzas Bouvaa-from Portamoutb, January 24, to ...... .... Cositantinoplo tiocnianaanut -from Ramsgate, January 24, to Smyrna Csans-from Portsmouth, January 24, to Melbourne LbeItIAILLS-TIONI Portsmouth, January 24, to...Conatanticople CLARA MATHILIW..47OIII Portimouth, January 24, to. .iSaItIqUES COVILIER-hum Portsmouth, January ..4, to. Conooaunia-from Ramsgate, January 23, to Barcelona CONCHA- from Ramped% January 23, to Teneratte CARWIALTON PAWL -front Plymouth, January 25, to 8. Lem Caaouna-Qom Ramsgate, Jan. 24, to. Nov York Ceara WALLIOPTIIM..4I[OO7 Liverpool, January 26, to......Triesie Datawals -from Gravesend, January 26, to ....Mails frILIOLIFF-prom Liverpool, January 26, to Dorm-from Portsmouth, Jan. 24, to Odessa &rail. Bra-from PorUmoutb, January 24, to Barcelona Savour-front Cardiff, January 25, to liarannalt Etta. WILTMEAD-from Ramegate, January 24, t 0... Pt. Phillip Swan-from Liverpool, Jan. 26, to Naples GAIL OF LONIDAIJI-from Liverpol, January 26, to... Singapore Pray-from Portsmouth, January 24, to Cartbsgtas titusant -from Ramsgate, January 23, to New lurk GIANCOI-from 'Laminate, January 24, to P. Philip UALLOYIDIAN-trop Liverpool, January 26, to Gibraltar HARWAILD-from Liverpool, January 26, to City Point, V. Human-from Liverpool, January 26, t0......-Bydnay, N.S. W. Hue-from Liverpool, January ab, to Quante LIAUFALA-frout Rainsgate, January 23, t 0...... ..... ....-....Triseta Joan &soon-from Portsmouth, January 24, to.. Sydney Jour Guy-from l'ortstrionth, January 24, to Villaricoa Jan VISAIII-iroot Porhmouth, January 24, to Surinam Juno-trout Pill, January 25, to %Ade JANIS? iii . WILLIAM-front Ramsgate, January 25, to Lubon lacunas-trout Ramsgate, January 14, t 0....... ........... New York Kaatneasc-front Liverpool, January 26, to New York Kur-frosa Gravesend, January 26, to P. Philip Loan Srasurr-from Portsmouth, January 24, to Malta Leorta-front Ramsgate , January 23, to MI/RUA ass-from Portsmouth, January 24, to S. bane Maya:tam-from Ramsgate January 24, to Marseilles MARLA-UM Ramsgate , January 24, to .Porto Cabello Hamm-Irmo Ramtgate, Jan. 24, to C. Vecchia MARIA i9IIOLNA -WOW ILOMVILe, January 24, to Surinam Mutaava- from Ramszate. Jan. 24, to CapeBL Vincent Mammy-from Oravesend, January 26, to Amsterdam Nevagne-from Gravesend, January 26, to Hamburg thanau-from Liverpool, January 26, to .New York Orraa -from Gravesend, Jrn.uary 26, to Warm Gamy-Iran Portsmouth, January 24, to Cadiz ()Arun- from &imitate, Jan. 23, to Mobile Psaau- from Pert/mouth, January 24, to Cadiz PRISI3O- from Kumagai% January 23, to Havausah PAW 1:11A-414301 Ramsgate, January 23, to Venice Pammany--trots Rummest', January 24, to Port au Prime Per-from Oravamend, January 26, to P. Philip PA. ILLIVA-from Liverpool, January 26, to Oporto Roomy-from Portsmouth, January 24, to Lisbon Itamatzta -from Nit, January 2a, to Barbadoes ' ltionem -front Ramagate, Jan. 24, to New York RUDOLPH Timonoaus-from Ramsgate, January 24, to Coastantinople bescuaes.r— Irma Portsmouth, i5n..34, to 9,..a,..—fr0m itmampte, January 2; to OMANI sumn —from Pill, January 23, to ..... DOMIMI tITIATHIURN —fr1:101 Portamouth, January 24, to Melbourne dUPIII.I fiLeasum—from Name ate, January 24, to Malta _. _ _ _ _ Valuta Wieeaoioa—from Posuiniouth, Jainiaiy - 24 0 to. .Seville Taloned —lrum Vammrate, January 23, to ... Nassau Tuarasuaa— from Ramsgate, January 24 , to Adelaide Gums—from Raincoats., Jan. 23, to ........ ...............Alexandria UNITIIII Sears—from rill, January 25, to New Turk lulus—from Portsmouth, Jan. .4, to Certhamns VICIT nu ILIOINA—from Gravesend, January 26, t0.........Ca1eutta WINIVILII inns—tram Liverpool, January 26, to Mown Nowa—from Ramsgate, January 24, to ..Alemastris Warn or ids Ways - teem Portsmouth, January 24, to ..21. Video WILLIAM Walt—troy Pill, January 25, to Jamaica z'As•—from Cowes, January 25, to Barcelona VESSELS SPOKEN WITH. Alf ea, bound west, Jan. IS, lat. 36 N., lon. 3 W. Houma 'barque), from the Mauritania, home wardbaund, off St. Helens, Dec. IS. Catherine Mitchell, from Liverpool for Port Phillip, Nov. 29, lat. 31 E., lon. 17 W. Curies Napier (chip), bound westward, Jan. 20, lat. 51.45 N., lon. 10 W. Chatham (barque), from Liverpool for Lime, lat. 4 8., lon. 29.12. California (barque), Jan. 21,1 at. 45.59 N., lon. 9.15 W. Digby, boned east, Jan. 20, lat. 36 N., loa. 7 W. Equator, from Singapore ter London, Dec. 11, lat. 34. ion. 13. Gulterue (brie), from the Mauritius for London, Dec. 20, let. 5.30 8., ton. 16.35 W. Jane Francis (barque). of end from London foe Launceston, 109 dam out, Dee. I, let. 35.29 8., lon. 1 , 4.31 E. Little Cherub, from Shanebac, for Liverpool, Nov. 23, tat. `...;:0.33 S., 10n.16 E. Nehaleonia (Dutch chip) (the captain died on Dee. 26), from Liver. pool for Sydney, Dee. 27, lat. 6.2 N., lon. 21.19 W.• all well. Psulowna (Dutch torque), from Liverpool for Adelaide, Dec. 24, lat. 2.3 N., lon. 21.39 W. Queen, amen Liverpool for Port Phillip, Jan. IS, lat. 47.29 N., lon. 10 W. Squentum (chip), from Liverpool, steering to the westward, Jan. 19, let. 50 33 N. Zeepaard, from the Mauritius for Cork, Doe. 1, lat. 24.23 8., lon. 3.5 E. BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. CHOWDER.--Jan. 2S. at Whalley Range, Rear Manchester, the wife of the sue. J. EL Crowder, of a daughter. FOWLER.—Jan.,22„at Netley.hill, near Southampton, the wife of I. Fowler, Esq., of a 'daughter: . lITOY.—Jart. 22, at Rathmine,villa Southres. Rants, the wife of (pt. T. It. WCoy, late Glth Root% one of &M.'s Ron. Corps of CittaUemen.at-Arms, of a daughter. POWELL..—Jan. 24, at Walthametow, the wife of N. Powell, Paq., of • lon. RUSIIBROOKE.—.Ian. 22, at Weat.hill Holm, Bury, the wife of W. M. Rualibrooke, Eaq., R.N., of • daughter. 8111P8ON.—J.ut. 23, at gtooltwell-vt.lats Clapham-read, lire. H. Sltopaoa, of • daughter. TIIISKE.—Jaw. 22, at New Bridge-street, Blackfriate, the wife of Mr. C. 3. Thiake, of a daughter. MARRIAGES. BAIRD —GOPIt.—Jan. 22, at Toreuay, by the Rey. R. Valle, R. B. Baird, Eag , late of ll.M.'s Rifle Brigade, to 2.11 a Mang mond daughter of G. Cielf, Esq. HATWOOD--lIELLT EE.--Jan. 22. at M. Thomas's, Hyde, by the Het. W. S. Phillips, J. G. Haywood, Esq., of Clapham, to &maga, eldest daughter of P. T. Heller, Esq., of the Hampshire Bank, Hyde. MUDIE—LIIKET.—Jan. 23, at BucklandChurch, Dover, Mr. Imam Modie, at Coventry-street, to Mary Jane Lukey, eldest daughter of the late Mr. Joseph Lukey, of Mo:wenstowe, Cornwall. Sl'. PHALLE—DE THORIGNY.—Jan. 22, at the Church of St. Sol ping Paris, Count de Ni. Phalle, to Mademoiselle de noniron daughter of M. de Threigny, former French Minister of the Inte ri,e, and now Councillor of State. WAN D—MEESON.—Jan. 25, at Rettendon Church, Eyes, by the Rev. J. C. White, Rector of Itaweeth, the Rev. e, W. Wand, Rector of Rettendon, Fawn, and late Fellow of Magdalen College, Caro• bridge, to Louisa, eldest daughter of R. J. Yemen, Esq., of Battles bridge, of the B.ome parish. DEATHS. CLARKE.—Jan. 23 at Timailtrin•terrace, St. John'swood, Charlotte Eliza, wife of T. It. Clarke, Eaq., of the India House, aged 45. EVERARD.—Jan. 23, at the Rectory, Burnham Thorpe, Norfolk, the Rev. D. ItVerard, M.A., Reetor of Burnham Thorpe, and of Stanhoe, in the 'erne county, aged 85. YULCUER.—Jan. 24. at Craven-hill, liple-park, P. P. nether, Eaq.,late Captain 61tb Regt. 13ecirel Native Infantry. aged 46. ITICKL—Jan. 23, at Norwich, W. P. Dicks, EN., aged 16. JENOUR.—Jan. 23, at Gravesend, J. Jenour, req., aged 102. LB MAltlf.—Jan. 25, at Upper Brook-street, Manchester, Arthur Henry, youngest child of Mr. R. Le Marc, aged 13 months STANVIELD.—Jaa. 24, at Harrington-atreet, Mornington.Pleoe. Clarkson. eldest son of C. Stanfield, Esq., It.A. WORLLEDGE.—Jan. 23, at Ruffin; Chevington, Norwich, Ma• rianne, wife of J. Worlledgc, Esq. Printed and publialied by Wititar Kiao 11ALU. 01 No. 8, Umber& street. in Uri city of London. Printer, at the °dire, a way e street. la Oa tasliacit et IThWtriars, Mosta, fro .; .l •••••••••.. 1••••"... P' caftc, the I the Foul ti 11 r.n ovr rab