The Express. — London, England, 1847-11-05 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 5, 1847. learned counsel moved on affidavits which suggested, along with other matter which the court held immaterial, that • certain letter which had been withheld from the jury, because it could riot be shown to be in the handwriting of the defendant, was, in feet, in his handwriting, and, if laid before a jury, would induce them to give • verdict for the plaintiff.—Lord Denman : On that ground you may hare • rule, but the case must not go into tee list —Rule nisi. ARCHIBALD O. TATII/11.—MARINE AIRD:RANCR.—Stn joint Shee moved fora rule calling on the defendant to show anise why the verdict which had pawed for him at the trial on two issues in this case, that went to the whole cause of schen, should not be set aside, and a new trial had. The action was brought on a policy of assurance of • vessel called the Active, for • voyage from Bermuda to Sidney, Cape Breton. The question raised by one of these two issues was, whether the plaintiff had, when negotiating for the policy, falsely told the underwriter that by the last *deices the Active was at Bermuda. The question raised by the other of the two issues was, whether the plaintiff had kept back from the underwriter information in his possession material to fair estimation of the risk. The evidence for the plaintiff showed advises which, if the latest received by him, did not amount to a notice that the vessel was at Bermuda, ' but rather raised the conjecture that it was not; and this, the learned judge told the jury, threw on the plaintiff the burden of proving that the vessel hod been at Bermuda by the latest advice' which he had received. It w•e, however, submitted, in support of this application, that as the defend ant had, in his pies, charged the giving false information, IN w•s bound to prove it directly. With regard to the con cealment, it appeared that the plaintiff bad received from his partner in Sidney, intelligence that the weather had bees very bad, and that a vessel of the same class as the Active had been t►rown on the coast, coupled with the expression of a hope that she was not the Active, and a recommendation to insure her at once. The judge thought that this intelligence was material, and ought to have been communicated; the learned counsel, however, contended that it was not material, because it amounted to no more than the mere apprehension of danger. The court was of opinion th tt both the direction and the verdict were right, and that the application ought to be refused.—Rule refused. The Lord Chief Baron : It appears the late Mr. Lynch had a pension granted to him, charged upon certain funds in the Bank of England. The plaintiff treated it CO if it were to much " stock " standing to Mr. Lynch's credit in the Bank. Sir F. Kelly : Just so. This is an order upon the as countant-general to pay over to the plaintiff the pension payable to the defendant. I shall maintain that the act does not at all apply to such annuities as these. The judgment debtor in this case had no property whatever in the bank, and had merely an equitable right to be paid the pension !sought to be charged. The plaintiff has also brought an ac tion against the Bank of England for some matter arising out of snarled disobedience of Mr. Baron Plate's order. That action having been commenced before the expiration of six calendar months after the order, was clearly in violation of the act. Although the plaintiff proceeds at his peril, it might be just as weU if this rule called on him also to show cause why the proceedings in the action should not be stayed. Mr. Baron Alderson: Will an action lie at all? It strikes me the only mode is to proceed by bill in equity. Sir F. Kelly : I don't think an action lies. It is quite clear it has been brought in contravention of the express I terms of the statute. A rule nisi was granted. It was usual for the carriage of the goods to be paid for by the houses in London to whom the) were consigned, and Watson was told that if he did not pay for the carriage of the goods it; would be charged to Messrs. Brye, Price, and Co.—The learned Judge said he was of opinion that they ought to have declined , carrying the goods without Watson paid the carriage first. In May the goods are deli dat Messrs. Brye and Co.'s, and in a letter from the cossignor to those gentle men they are told that the carriage is paid. You then wait until Sept., when finding that your clerk at Dewsbury has made a mistake you try to recover from Messrs. Brye what you ought to have received at Dewsbury from Watson when you received the goods.—The plaintiff 's clerk said at the time Watson owed their house a large sum of money, and it was solely on account of his saying that Messrs. Brye would pay the carriage that they took the goods.—The judge said the very circumstance of Watson owing Messrs. Sutton money ought to have made the clerk at Dewsbury decline carrying them without the money was first paid. h would be hard and unjust to makethe defendants do so, and the cue must be dismissed. Thurston, who received the charge at the station-house, , stated that the prisoner, while there, strenuously denied , having seen the handkerchief, repeating the same statement be had done in court, and that he had known him for some time as a hardworking, honest man.—The prisoner's muster, an extensive nurseryman, also spoke in the highest terms of his integrity and general good conduct —Mr. Arnold said that he felt some difficulty in expressing his sense of the dis graceful manner in which the evidence had been given in the first instance, the prosecutor having entirely omitted to dis clue his previous connection with the prisoner, and led him to believe that it was an ordinary case of felony by a com ' mon pickpocket; and in consequence of that impeeuion the man had been deprived of his liberty fur four days upon a scandalous charge, which be telt satisfied was without the 'lightest foundation. Had he known all the circumstances at the time, he should have dealt very differently with the case, and should now order his immediate discharge. MARLBOROUGH-STREET.—RONBERY By A WARE- IiOUSEMAN.—J. Dentky was charged with stealing 271., the moneys of his employer. —Mr. Samuel Pratt, upholsterer, said the prisoner was in his employ as warehouseman up to the 21st of last month, on which day witness gave him 271., and directed him to proceed to Windsor, and pay for some property which he had purchased. The prisoner did not return, and witness subsequently gave information to the police, but nothing was seen of him till last night, when he was taken into custody. Witness wished for a remand, as, on searching the prisoner's lodgings, he had found a number of duplicates relating to property he believed belonged to him—The prisoner admitted ho got tipsy, lost a portion of the money, and spent the rest —Mr. Hardwick remanded him for a week. WESTMINSTER.—JUVENIL 6 RUPPIANIBI4.—.I. Dur ken, aged about nine, was charged with assaulting a police man.—R. Wright, 39 B, whose mouth and chin were much lacerated and swollen, said that he saw defendant and five or six other boys in an unfinished house in Alfred•place, Bromptoo, and as many complaints had of late been made of the depredations committed by gangs of boys in new buildings in the neighbourhood he desired them to leave the place, which they did, but defendant picked up a flint stone and deliberately threw it in his face, inflicting the , injury he now bore the marks of. He took defendant into custody, but as he refused to walk he wu obliged to carry him to the station, and on the way there the boy bit and kicked him repeatedly.—Mr. Burrell committed him for a month. LAMBETH.—Citanoe or ARSON.—A. Marsh was re examined, charged with arson.—The wife of Mr. J. Bailey, a commercial traveller, was called, and, upon being sworn, deposed that, on the evening of Tuesday week, she left her house, No. 39, Swan-place, Old Kent-road, at 20 minutes to 9 o'clock, to meet her daughter, having previously closed the windows and doors, and left everything safe. On reach ing the Borough she met the prisoner, with whose person she was well acquainted. She was shortly afterwards in formed that her house was on fire. She hastened home, and found that the fire was extinguished. The front room on the first floor was afterwards found to be on fire. Oa leaving the house to go to meet her daughter she left a small fire in the kitchen, but none above stairs.— Thomas Bullock, a next-door neighbour of Mrs. Bailey, de posed that on the night in question, at about 20 minutes to 10 o'clock, he was at his door in conversation with Mr. Hobbs, a neighbour, when the prisoner passed by, avid im mediately after he (witness) entered his own house. He had not been there long when he perceived a strong smell of fire, and his wife, on going into the yard, Paw a quantity of smoke issuing from Mr. Bailey's back kitchen door. A few minutes afterwards Miss Ralph gave the alarm that there was a fire up stairs also.—Several witnesses deposed to the fact of the prisoner being on the spot immediately before the discovery of the fire, and one said that, on leaving the house, the prisoner instead of leaving in the usual way by the front door, and which would have been much the shortest way, left by the back, so th X he had to clamber ever two or three high walls to get into the street.— Inspector Valentine here reminded the magistrate of the fact that the prisoner, when before Mr. Norton, on Saturday, denied having been in an omnibus with Miss Rolph on the evening in question. There was another circumstance which he wished to mention to his worship, u connected with the case. In the back kitchen window, by which en entrance to the house had been effected, there was placed along the inside sill a number of flower pots, and those, to admit of a person getting in, must have been removed. That this was dons there could be no doubt, for on examining them they were found to be placed differently to the way in which Mrs. Bailey had left them.—Mr. Games, for the pri soner, contended that though the case was not devoid of sus• picion, yet that the evidence was not such as could possibly lead to a conviction of his client, and hoped that at all events his worship would take bail for the prisoner's appearance.— Remanded on bail for a week. COURT OF BANKRUPTCY. Before Mr.Commaeklonsw Fane. TN RE WILLIAM THOUS.—RECKLESS TRADING.—This bankrupt, a draper, in Crawley-street, R. Pancras, came up Duncan. ppaassss hia M jo d u o r;ed ex d am sp in o t ki th; ground cleat th su a p t 9( t ' he acc rted ounts wen were very unsatisfactory, and that his own profits were only 111.—His Honour said that he had never met such a reckless ease. It was very gross, &no must be adjourned sine die, with leave to come up again when he was in a condition to bring up the parties to whom he alleged he had sold 1,5001. worth a goods at cost price. The learned commissioner, for his own part, wad not believe such accounts.—Protection for one month was granted. MIDDLESEX SESSIONS. Before Mr. SetMant Adams.—(At Weetra(tutter.) PATTISON V. A CONVICTION op E. :YaliDLEV.—Neet OATION OP THE THAMES ST UNLICENSED STEAM , BOAT 9.— This was an appeal by a freeman of the Company of Wsur men and Lightermen of the river Thames against a convic tion of Mr. Yardley, of the Thames police court.—By the act (7 and 8 Geo. 4, chap. 85) the Lord Mayor and corpora tion of the City of London were empowered to make certain by-laws to regulate the navigation of the Thames from Yantlet creek to Windsor. In pursuance of the power so eeded a code of by-laws was framed and sanctioned, which rendered it imperative that every vessel navigating the Thames between the; above place plying or waiting for hire should be commanded only by a freeman of the Watermen's Company, and that the vessel itself should be licensed so to ply by the said company; and any freeman or other com manding or acting as captain of any unlicensed vessel was subjected to a penalty of 51. for each trip taken by such boat. The present appellant had commanded one of the Gravesend and Blackwell steamers (the Railway), which it appeared had not been licensed, and he was convicted under the above named by-law, and lined 51. by Mr. Yirdley, and that con viction was now appealed against —Mr. Huddlestone, for the appellant, took some dozen technical objections. the principal of which was that although the company of Watermen and the corporation could compel all vessels navigating the Thames for gain and hire within the prescribed limits to be commanded by a freeman of that company ; they had no power to compel the owner of a boat, whether or not a free man, to take out a license for that boat, and that they had now power or authority given to them by the act to exact a shilling (a. they do) forever} such license so granted by them. The learned counsel, therefore, contended, that inasmuch as this conviction was for commanding an unlicensed boat, it was not valid.—The point having been discussed at great length, Mr. Serjeant Adams proceeded to pronounce the opinion of the court upon the question. He said the point involved a most important and grave question as regarded the navigation of the river and the pagers of the Water men's Company. The company's by-laves enacted that all vessels plying between certain points of the Thames should be commanded by a freeman of their company, and further, that every commander of any vessel so plyin , such vessel not having been licensed by the said company so to ply; should be subject' to and on conviction condemned to pay a fine of 51. It appeared that the Watermen's Company now charged a shilling for every license so granted, and ti . eir right to do so was ques tioned. This court was at present of opinion that the corn. pany, under the act that had been cited, could compel all vessels navigating the Thames in the manner described to have a license from them to do a. ; and if the statute gave them that power, it was but a reasonable by-law which pro vided that the owners of such vessels should be subject to a penalty if they did not avail themselves of that license. The court considered this to be a matter of such grave import ance, that it would not arrive at a hasty conclusion. There could be no doubt that the corporation and the Watermen's Company could compel all vessels plying as above to be licensed in the semis of their owners ; but the court could not see by what authority a shilling was exacted for that license. The court would give careful consideration to the documents and the powers ceded by the act of parliament to the corporation and the company, and give its further opi nion at an early opportunity. SHERIFF'S COURT. Before Mr. Under-Sheriff Burchell. SYtTlf e. Par.—COMPINNATION FOX IN/URI/N.—This was a writ of inquiry to assets damages in an action to recover compensation for injuries inflicted upon the plaintiff and his wife, and the inconvenience and expense to which they had consequently been put to. The damages were laid at 3001. The plaintiff wan a chcesemonrr in Mursham.street, West minster, and the defendant was the Hnn. Horses Pitt, a major in the army, and brother of Lord Rivers. On the 2nd of June last, the plaintiff and his wife were (hiving over Vauxhall-bridge in a cart, and when within a few yards of the toll-gate on the Surrey side, they c ime in collision with the defendant's cab, which was being driven by him at a very great speed. The shock was so great that the plaintiff and his wife were both thrown onfiof the',vehicle and veryfseriously hurt ; six of Mrs. Smith's teeth being knocked out, her face, hands, and arms much lacerated. Mr. Smith was in jured in the back and ribs, and both be and his wife were under medical treatment for a long time, and Mrs. Smith was confined to her room till the sth of Sept. Servants had to b: engaged as well as persons,to manage the plaintiff's busi ness in his absence, and the repa;ring of the cart cost • considerable sum. The plaintiff, besides this, claimed com pensation fur the lose of the eociety of his wife, and of her core and attention in his business.—The toll-collector on the Vauxhall-bridge deposed to the collision. Major Pitt was evidently hurrying to reach the railway terminus.—Mr. William Ruesell Harrison, • surgeon, deposed to the nature and extent of the wounds inflicted. His bill was 201.—Evi dence was then given of the cost of the repair of the cart, and of the Airing of nurses and attendants.—Mr. E. James, for the defendant, addressed the jury in mitigation of damages.—The learned undersheriff, in directing the jury said they would bear in mind that the action not being brought conjointly by the plaintiff and his wife, they could not award any compensation for any suffering of mind or body the latter had undergone. The plaintiff was entitled to recover for any loss or expense he had incurred, or suf ferings ,he had undergone, and the jury would give him damages which they thought would cover those items.—The jury found for the plaintiff —damawn 801. Jr/MOLL V. BARER.—EVIDRISCR OP SRRVICS NECERSIRT TO SUPPORT AN ACTION FOR SRDUCTloN.—Serjeant King like moved for a rule to show cause why the noasuit which bad been entered in this cue should not be set aside, and a new trial had. The action was brought to recover damages for the seduction of the plaintiff's daughter, who, previously to and at the time of the seduction and for some time after wards, assisted him in his duties of toll-collector. Her inti macy with the defendant resulted in pregnancy, and to con teal her situatim from her friends, at his instance she went to Exeter end thence to Exmouth, under pretence of going into service, and, returning home once for some money, and for a short time only, she remained at the latter place until she was deserted by the defendant and overtaken by extreme destitution. She then wrote to her mother, who went to her, brought her back, and placed her in the cottage of a neighbour, where, about three months after her return, she was confined. The plaintiff paid the expenses of his daughter's maintenance during the three months, and also of her confinement. At the close of the plaintiff's case, the counsel for the defendant proceeded to address the jury, and had spoken for some minute', when the judge, Chief Justice Wilde, interposed, sad called on the plaintiff's counsel to show what proof of actual Inn of services had been given. It was therefore submitted that there was proof of actual service at the time of the seduction, and of loss of it because of the pregnancy, and the consequential inability to serve so well ; that as the law presumes the fact of service from the relation of father and daughter, it would presume the tut of the Ines of service from the removal *1 the daughter from the father ; and that, at all events, the service had been renewed on the return of the daughter, and interrupted by the confinement. The judge said that he th"ught that the da.;ghter had voluntarily put an end to the service at a time when she was as able as ever to render ser vices; that she had net been in the plaintiffs service at all after her return from Exmouth till the end of the confine ment ; that she had discharged, and had not renewed the relation of muter and servant; and therefore the plaintiff must be consulted. It was now submitted that this view of the law was wrong, and that, though it were right, as the only plea on the record was " Not guilty," no ques tion of whether there had been proof of loss of service ought to have been raised.—Lord Denman : You are entitled to a rule.—Rule nisi. COURT OF EXCISE. ILLICIT DISTILL ATION.—PINALTT OP FOUR II eNDRED POYNDs.—Thomas Trott, of No.B, Primrore.yrect, Bishops gate-street, was charged with having in his possession and working illicit stills, and also with attempting to remove the spirits produced from the same, with intent to defraud her Majesty of the duty thereon.—The defendant pleaded Not Guilty.—Mr. George Phillips, a surveying examiner-general of excise, stated that on the 3rd of July last, he went to the defendants premises in Primrose-street, and since then he had made a plan of the premises, now produced. He went into the place marked " Chemical Factory," and examined se veral things there. Aliceose had been taken out for that place (for chemical purposes) fora still to be used there, but he found no still, but a considerable quantity of spirits in carbos die. gassed with caustic ammonia. De also found two large bags of yeast, molasses casks, a quantity of molasses in an earthen vessel, bottles, &c. The brickwork remained of what appeared to have recently been used as the setting of a still. Yeast and molasses are used for private distilling pur poses, and not for any chemical use whatever. He saw de fendant's eon, who said the premises were let to a person, named Lester, and said that he held an agreement for them. He said the whole of the premises were their own, except the chemical factory and a carpenter's shop let off. He went again on the Monday, and on going near a manure heap he found that some boards under the heap, that had secreted a door, had been removed. He went into the rooms, where he found two large stills fitted in brick-work, with casks erected on a high frame-work, all connected with each other by pipes, so that their contents could be into the stills at pleasure. He also found a quantity o) 1 spirit in carboys. The furnace-work and brick-work of the stills were quite hot. Ile drew some of the liquid and plunged his hand in, which he found at a temperature of 160, which is a good heat for distilling purposes. The water in the worm tub was also quite warm, and it was his impression that the stills had been at work within four hours of hie visit. He had no doubt the stills had been at work the whole of Sun day night, as there were no "low wines," and the stills were quite exhausted. Believed the spirits were produced from molasses, but very carefully rectified. He called for defendant,and asked him how be accounted forthis place. He replied that he could not account for it, that it was wholly a mystery to him, and such a place he never dreamt of. There was no question they were private stills capable of making a large quantity of spirit, as 800 gallons of wash could he set to work at the same time.—Mr. F. Pargeter, excise officer, deposed that, on the 3rd of July last, be went to No. 3, hlanversetreet, Chelsea, where he discovered a private still and a retort used for making ammonia, and a mail named Charles John Lester was convicted of that offence. From circumstances ',that took place there, he went to Primrose street, calling at the office in Broad-street on his way for Mr. Phillips. He went through a yard up to premises over which was the name of " Leonard Leighton," who had obtained a license for a still for chemical purposes. He saw the defendant, who said the premises belonged to Mr. Leighton, and, having obtained a chisel, he forced the door open, and then found the articles de scribed by the last witness. Told defendant that having seized two stills at Chelsea had led them there. On Monday morning witness went again, and seeing defend ant at the gate, asked him whether all was right, to which he replied in the affirmative. He then proceeded up the yard, followed by the defendant. They went under the car penter's loft. Defendant the* told him to come that way, leading him over the manure heap, and said, "you will smell it here." He then removed a plank; when he saw the corner of a door. He ordered the timber to be removed, when he saw a door, which was lilted out, and behind that another door, which was locked and padlocked. Having procured a crow-bar he wrenched off the padlock, but still found the door locked, The door was forced open, when he found two stills, and one appeared to have been recently at work—he should think within two hours—for he could scarcely bear his hand in the water. —The defendant sail he had no idea of each a thing being there. The spirits found were 53 over proof. The wash was all worked off. The defendant called his men, and asked if they blocked up the door, and they said they did. He then went away and fetched the last witness, but did not hear what passed between them.—Mr. May, another officer, was present at the seizure of two stills at Chelsea, and was left in charge of them while Mr. Pargeter came to the City. Understood he was going to Primrose-street. \Fitness went himself on the following day, where he saw the defend ant, who, in the course of conversation, end the phce be longed to a Mr. Davis, and produced an agreement, with an address, No. 1, Swan-yard, Thames-street, hut, on inquiry there, no such person was to be found.—Mr. Taylor then ad dressed the court for the defendant, contending that he had no knowledge whatever of what was going on, and that he should be able to prove beyond a doubt that the premises had been let to Mr. Davie—Mr. Thomas Coomber, of Kingston, said he was at defendant's house in January last, and witnessed an agreement entered iato between Trott and Davis for these prernisee, the latter paying one month's rent in advance.—Mr. Thos. Trott, eon of defendant, attended to the letting of his father's houses. Remembered letting a warehouse at the bottom of the yard. Davis wished to take the premises and came to terms for them. He wrote the agreement. One month's rent was paid in advance. Had received the rent up to April last. Davis represented himself as an ammonia and colour maker. —Mr. Page, bricklayer, said he had seen Davis, and was employed by him to set two coppers six months ago. Ile was paid by Davis. Had done no other work for him. Had searched for Davis, but could not find him. This witness on croas.examination said that Davis had gone by the name of Jones. Had seen him in the chemical works while the still was going on. Was employed by 'different manta set up the still in the chemical factory. Had seen the defendant present in the chemical factory while the still was at work.. Had worked for Lester while the still was working, and defen dant was there, Had also seen defendant in Davis's-place while one of the stills was there. The cross-examination of ' this witness excited the utmost astonishment —The Court asked the learned gentleman for the defence whether, after this evidence, he should think it his duty to go further with the case. Mao, they would listens to any further evidence he might offer.—Mr. Taylor said he should throw himself upon the mercy of the court. —The Court, then, after a few minutes' consultation, gave judgment for the full penalty of 40W., and condemned the whole of the seizure. POLICE.—YESTEBDAT. BOW-STREET.—Gannenro Tasesscriose.—A. W. Barr, S. Ralfe and W. Brewer were re-examined charged with conspiring to defrand Mr. J. S. Eerie, from the West , Indies, of 1,4501., on different occasions, by cheating him at cards.—Lewis, an accomplice, stated that he supported him- MONEY MARKET. self by gambling, like the three prisoners. In the month of July last he was at the Cremorne Gardens with Barr and another THURSDAY EVENING. gambler named Carter, when they met the prosecute; The Honiton bank of Messrs. Flood and Lott was who, with Barr, entered a cigar shop in Little Russell-street, formally reported to-day as having stopped payment. Covent-garden, where witness and Carter followed of them , The authorised note issues of this bank were 19 , 0151 ., and one of the three introduced the subject of cards, which which less than 15,000/. were in circulation. It is sup ine previously arranged with Barr, who pretended to have no knowledge of the other two. The prosecutor was asked pore d that the other liabilities are not of considerable if he would take a hand, to which he agreed ;in consequence amount, and that in result the loss suffered by the of which the landlord, who had been furnished by them creditors will arise as much, or almost, from the delay with a pack, brought in the cards. The prosecutor and of winding up, as from the actual deficit of assets. Barr were partners against witness and his companion, The London agency house is understood to be quite and, after playing for some time, witness arranged covered for the comparatively small amount of ad the cards in such a manner that the prosecutor should have a very good hand previous to his laying a heart' vancea they are under. It may be observed that this stake. Witness was provided with a pack to match thee a Honiton bank has been blown upon, and its failure they were then playing with, and he changed them to give reported, for some days past. the prosecutor the good hand. Witness dealt upon the ems- The tenor of the money and commercial intelli eon, the other cards having been cut, and he gave an ad witness held better versary a good hand, w hile aheed, gence from India by the overland mail to-day, has saying to his opponent, " What odds will you bet upon th e been considered so satisfactory as materially to assist odd trick," to which the prosecutor objected, saying, "It in improving the tone of the stock market, the more WY useless for him to bet for the purpose of robbing the so as no countervailing cause of discouragement in gentleman against him, as he (prosecutor) had such a tre- home affairs occurred adversely to balance its effect mendous band." At length he was induced to Yet, by The first prices marked for Consols were at 821, putting . down 20/. and his watch, the others also putting the last . , e down similar stakes; but, from the disposal of the cards, the better than tne last omelet quotations of yester d ay. prosecutor could not have won, and witness received the From that point the market steadily rose, with stakes. The money was divided between them, the prisoner scarcely a reaction, to 83 to .1 for account, and 83 to Barr claiming the expenses he had incurred " in fishing np the flat ;" and they agreed that he was to come to the Tavis- ! money, but at the closing hear receded to 821 to 31 cock with the prosecutor, where witness pretended he was and 83' to -' for time. After the o ffi cial money, i i stopping, to redeem his watch, witness being employed to t get hour transactions were still actively carried on, at him to play again. At the Tavistoek he made en excuse et advancing rates, and Consols became finally buyers at he could get no private room where they could converse, and 831. The operations of the day have been upon a having gone to the public-house he gave the prosecutor his watch, receiving 101, from him, the prisoner Barr haying considerable scale, and buyers, as may be supposed, done the same , pretending that he had also lost the money, R s_ h i Gri t. : d i much .Th confidence . du Reuced Cents.,Threes 83 1eft offl but the money which he ewe was in flash notes. In the ree-an -e- uarter per t o . evening, at the same public-home, Bart and the prosecutor Exchequer Bills, I Bs. to 145. discount. India Bond., being partnere. 1001. was won from the prosecutor, he 355. to 30a. discount. Long Annuities, 81 to 3-16tha. having given his watch for 501., and the remainder in money Bank Stock, 184 to G. India Stock, 226 to 228. the next day. The money was won by cheating, as on the former occasion, and it was paid to witness, who gave Barr Foreign storks were more neglected than usual amidst the excitemeet of this change in the Consols and Carter their share. Witness recollected being at the Yacht Hotel in Greenwich in July last, when it was agreed market. A bargain was done its Austrian, so seldom to order a dinner, to which the prosecutor an invited ;. and dealt in, at 1001 ; Danish at 80; Belgian Four-and-a having adjourned to a private room, they played, an d the Half per Cents., at 87 ; and may be quoted each at 1 result was that witness won 150/. from the prosecutor, it Der cent. higher for selng prices. Dutch Two-and being; understood that Barr let the same amount as his • a-Half per Cents. were called rather worse towards partner. This was also won by cheating, and the prosecutor paid 1001., giving his watch for the r e- the close of business at 531 to I, the Fours at 811 mainder, the prisoner Barr pretending to do the to 821. The recent advance in the rates of interest at same. The prosecutor redeemed his watch in about Amsterdam of 1 per cent., which has led to a depres a week, and witness shared the money with his accomplices. On that day Barr told witness that he wanted sion of stock values there, has been the cause of check the disposition to their improvement here. The him to prove to the will of the prosecutor's father at Doctors.- ins commons, by which the prosecutor was to come into quotations of other foreign securities remain nomi session of 2,5001., and other money for his sisters. At this nally the same, but without business. time witless did not know the other prisoners, but beard The commercial advices from the East Indies, more of them C ross Barr, who promised to keep the prosecutor "in a line" to play again, the match n o t h a vin g been particularly from Calcutta, are considered to be ex house, by William Underwood, wh o desired him to call, played oat. On being I n t ro d uce d t o th em a t Brewer's tremely favourable, taking into account the anticipa tions for the worse which were entertained. Considers he was inhered in and told that Barr had acted as a rogue, ble orders have been received for particular descriptions by keeping e g h t ffseehahroeuo.f. in 9001.6.wfohrido which was Oxford -street, h t i h m ey at h th a e of goods by houses who are practically conversant with given the prosecutor • spl en did di nner . Th ey a l so told him the knowledge, as well as qualified with the means, COURT OF EXCHEQUER. l eers , near Sl oug h, h av i ng ' h i t " him to that amount. that he had kept his share o f 1501., t h e prosecutor lost at supplying them for Sittings in Banco. have not been yet all delivered, it cannot be known In cross-examination witness said he followed the profession with any approximative certainty what proportion of WITHAK 11. LYNCH.—ARE PRNSIONS PAID OUT OP THIS of gambler, by cheating at play, which would have turned paper has been received upon the firms which have out very probtable h he not been deceived by the pri• SUITORS' FUND OP THB COORS OF CRANCERT AVAlL loners. Before he became a gambler he was a house ABLE, UPON A JUDOE'S ORDER, FOR THE SATISFACTION latterly passed into insolvency. One batch of 5,0001. or JUDOBENT Deers I—Sir F. Kelly, Q .C., moved yester confirming the foregoing statement, entered into a detail of may however ben poken to. On the other band, one deeorater in New York and Albany.—The p cuter, after day, on behalf of the Governor and Company of th e Bank of or the largest India houses in the commission trade, if England, fora rule calling upon the plaintiffs to show mem the manner in which be got co nnec t e d w i t h Brewer and not the largest, has received very large bill re why the order of Mr. Baron Platt, of the 16th of July Les, Ralfe, on which occasion he went to the neighbourhood of mittances, but not one of an exceptionable char- Slough, and lost considerable sums, to pay which he was charging the defendant's pension, as a retired master is compelled to sell out stock at a considerable lots—Mr. chancery, should not be reseinded, on the wound that it was broker ßallanti . ne d ap t p h l e ied pe fo rio r ti . rem at an w d h , os as e h h e ous it th nd:d . t r o d aster , and nearly , or all indeed, secured by ship not sustainable at law, and that the annuity charged was net ping documents and insurances. This, however, liable to any such control. It appeared the plaintiff had rawso much attributable to good for- Wered ajudgrnent for 4,0001. against Mr. Lynch,who, upon tie - playing was carried on to give evidence, upon which the prisoners c ann ot tne, ari l* to the fact that the corresponding resignation of hie office, obtained, on the 40th of March lad, WORSHIP-STREET.—Aeteoen Mnicotenecer OP A were ordered to appear again in •• week. a superannuated pension of 1,5001. • year. That PoLlCEssits.—G. Robinson, a market-gardener, was finally make oenviai houses in India had the sagacity to appreciate the was payable quarterly out of the suitors' fund of the = is rf P OLIO charged with having stolen a pocket-handkerchief perils of the commercial position beforehand, and to Chancery—a fund which now amounts to several millions, ,...... On accordingly. and stands in the Itsnk of England to the credit of the from the person of J. Itatfield, an ex-policeman of the A By the last steamer from the United States a accountant-general. The salaries of the judges and the division. The complainant at the former examination stated remittance of 28,0001. was received from the state of other officers of the superior courts are paid out of the that on Monday evening he felt a twitch at his coat-pocket, Maryland for account of the dividends. It is M end on turning round bas handkerchief was given to him by Bitable to that state that this remittance was made nine fund. Mr. Lynch, the defendant, had no other en. a policeman, who had seen the prisoner drop it, and who nuity or stock in the funds, and was entitled to draw his pension from the accountant-general merely upon the order twe months before the dividend became due, and so of the Lord Chancellor, whe had granted it in the exercise of afterwar d s pursued and took him into custody. On being interrogated by the magistrate, the witness, after a good the powers vented in him by various acts of parliament from far may help to salve over former shortcomings. the 12 Cleo. 11., which was the earliest of them. The deal of evasion and hesitation, admitted that he had pr e - From Amsterdam of the Ist inst. it is reported viously seen the prisoner and the constable at a public-house, that the Bank had raised the rate of money on dis plaintiff, as 'judgment creditor, applied to Mr. Baron Pled. where he had been tossing the former for liquor, but said at chambers, for an order to charge the pension with the pay- that in consequence of his offensive conduct, he left the count I per cent., say from 4to 5 per cent. f or bills, meat of his claim under the provisions of 1 and 2 Yid., & house to get out of his company. In answer to the charge, 110, an act passed for extending the remedy of judgmest the prisoner earnestly protested his innocence, and said that from 41 to 51 upon p r omissory notes , from 4/ to 51 per creditors against the property of debtors. By the 14th SW cent. for loans on public securities , and from 5 to 8 he had been gambling for some time in the front of the bar per cent. on merchandise. In consequence of this lion of that statute it was enacted, " That if any period with the policeman and his accuser, when en altercation en- measure the national funds had not recovered against whom any judgment shall have been entered up, in sued between them, and the latter threw • quantity of any of her Majesty's courts at Westminster, shall have any beer over him, and after conducting himself in • most from the depression of the day before, and remained government stock, funds, or annuity, or any stock or shares offensive manner went out with the constable. Be followed weak ; the Two-and-a-Half per Cents. at 53 9-16 to I. of or in any public companies in England (whether incur. them soon after, but had only gone • few yards when the SO had not maintained the improve inrted or not), standing in his name in his own right, or the name of any person in trust for him, it shall be Spanish Bonds al complainant turned round and accused him of picking his merit of the previous day. lawful for • judge of one of the superior courts, on the pocket, upon which the policeman instantly seized him, end From Frankfort it Is advised that the funds had produced a handkerchief, which be said be saw him ins application of any judgment creditor, to order that such and, although it was stated at the time by a lad who was e ; improved upon the announcement of the Bank of stock, funds, annuities, or shares, or such of them, or such E ng land movement here. The liquidation for the part thereof respectively as he shall think fit, shall stand standing by that he had seen the complainant himself drop e• charged with the payment of the amoun t for w hich j ud g - the handkerchief at his feet, the policeman persisted i n month of October was o rated with facilit on the y ment shall have been so recovered, and interest thereon, and WESTMINSTER COUNTY COURT. taking him in charge.—P. Terry, 63 N, stated that while off 29th, and subsequently funded values of all descrip suchduty he saw the prisoner standing at the be, of a public- Lions were higher. Spanish Threes were in demand order shall entitle the judgment cee ditor to all such re- Before D. C. Maytag, E N ., Judge. media as h e would have been entitled to, if such charge had Soros e. RICER AND °THRILL—CARRIAGE ice R AILWAY . house, where h e wax shortly joined by prosecutor, who a t a rise of 1 per cent re e e d n made in his favour by the judgment debtor. Provided —This was an action brought by Messrs. Sutton and Co., the came out of the parlour, andesomeeonversation between The meeting of the creditors of Messrs. S. Phil that no proceeding shall be taken to have the benefit of such railway ca rriers, t o rec over of the defendants, Messrs. Brye, them he left th e ho u se . W itness di d not see any tonne, lips, and Co., who suspended payments on the 30th of charge until after the ex p ir ation of six calendar months from Price, and Co., of Dacre-street, Westminster, the sum or The prisoner left sooa after the comp l ainant , and was foi the date of each order. " — Mr. Mr. Baron Platt made the order 11. 3s. 1011. for the carriage of goods by ra il way f rom Dews- t owe d by th e witness, who overtook them near the b r id ge , September last, wan held to-day for the reception of eerie of the act of pae li ament bury.—The delivery of the goods at the defendant's ware- when the complainant charged the prisoner with picking his the balance-sheet, and the consideration of the affairs T u rte n lat s e ed M m r. P L le yn td eh m , ' the defend ant, had, in point of fact, no house having been proved, and also that they were not paid pocket, end be saw the latter threw away three hand- of the house. Messrs. Amory, Sewell, and Morris, asumity or funds whatever in the Bank of England to his for when delivered, one of the defendants said they rested kerchiefs, which he secured, end took him into custody. were the solicitors in attendance. Mr. Gouger was credit. He had merely en equitable fiekt to the pension the defence on the ground that before they received the —The prisoner assured the magistrate that the policeman's called to the chair. The statement of accoun tp drawn granted hi by the Lord Chancellor, and it mattered not, es goods en invoice was sent from Dewsbury, by Watson, the widen.. was a gross perversion of the truth, and . requested z:- ed the plaintiff, whether it was i payable out of a fund consignor , stating that the carriage would be paid upon the time to enable him to rebut it ; to which the memento ac. up by Mr. Samuel Notley, the accountant, was read, In the Bank of Sniland or 'Jambes goods before they left that place.—The platatirs clerk said ceded, sad remanded him for that purpose—Sergeant and, upondisciumionofthe items, withexplanations,was BAIL COURT. Before Mr. Justice Pettceos. IN THE MATTER OF EDMUND PREOTON, AN INFANT.— HABEAS CORPUS BY POWER OP ATToBNRY FROM A MOTHER TO RECOVER THE CUSTODY OP HER CHILD. Mr. Bramwell moved for a rule to show c►use why a writ of habeas corpus should not issue to bring up the body of Ed mund Preston, an infant of nine years old. It appeared that the infant was the eldest eon of a lady who had since the death of hie father married a gentleman of the name of Tem pler, and was residing with her husband at Calcutta. The child had been sent to Germany for the purposes of educa tion; but on the death of his father's mother, who left him some property, and be her will constituted her executors his guardians, they brought him home to England. and had since had him under their control. Mrs. Templer had sent a power of attorney, signed by her husband and herself, to two gentlemen, authorising them to demand the custody of her non and to take possession of him. A demand lad been made to this effect and refused. It was contended that the mother had two rights of guardianship over the child—firstly by nurture ; and secondly, as her son was her heir-apparent, by nature. The only colourable right which the executors of his grandmother possessed to the custody of the child was the consent of the mother, which hod been withdrawn, and that given them by the testatrix, who had no power to give any such right. The only question was, whether the mother could constitute any person to act for her in a proceeding of this description, or whether it was necessary for her to come over. If the writ issued, the gentlemen in question might perhaps show some reason fur their keeping the child. Mr. Justice Patterson thought there was no instance of a person constituting another person an attorney fur this pur pose, but granted a rule to show cause. COURT OF COMMON PLEAS. Sittings in Santo. FIELD V. MACKENZIIL—THE NEWCASTLE BANKING COMPANT.—In this case the plaintiff had obtained a judg ment against the defendant, as the 'registered public officer of the Newcastle-upon-Tyne Joint Stock Banking Com pany, in an action on a promissory note for 14,1001.: and in the course of last term a rule was obtained directing that writs of mire facfas should issue against various persons who were members of the company at the time the note was mode. In order to satisfy the provisions of the act under which the rule was granted affidavits were produced, alleging that the company was in a state of utter and hopeless insolvency ; that the present members of the com pany were either unable to pay the debt and costs in this action, or were beyond the reach of the process of the court ; and that the plaintiff's claim would be entirely lost, unless the court allowed the writs of stirs faciu to issue against the former members—Mr. Serjeant Channel! now moved for a rule to show cause why the writ of scire facies as against a gentleman named Stock, one of the former members of the company. should not be set aside, on the ground that certain important facts bad been suppressed ,which, at the time of the application for the rule, were within the plaintiff's knowledge, but were not known to Mr. Stock hinvelf. In suppirt of the present motion the affidavits pro duced stated that a mortgage of certain collieries in the county of Durham had been given by the bank to the plain tiff, for the purpose of securing the repayment of the money for which the promissory note was given. The affidavits went on to describe the particular nature of the indenture. and further stated that the plaintiff had since given notice calling in the amount for which the mortgage was made to him. They also stated that the property was of consider able value, and negatived Mr. Stock's knowledge of the mortgage at the time when the rule for the writs of ecire facies was obtained. Upon these facts the learned counsel sub mitted that the present rule ought to be grated.—Rule granted. _ received with a friendly disposition for allowances by the respectable and interested parties present. Doubts were expressed whether the sisgarestate at Santipore, on the Hooghly, would yield the sum at which valued, because being held jointly in proprietorship with another party there was a probability that the interest of the house in it might not be realised without dis putes and litigation. Messrs. Sam and Co. of Madras appeared as indebted to the house 23,0001., but this claim was disputed. and a bill had been filed in India thereupon, which it was considered would be success- 4, ful. In result, it was agreed that the concern should i; be wound up under inspection, and Mr. Dent, of the firm of Palmer, Mackillop, and Co., Mr. Davis, Mr. Gouger, and Mr. Bagshaw, consented to act as in spectors. Mr. Cowan agreed to give his attention to the concerns of the house in India. Very gratifying testimony was borne to the high character and in tegrity of Messrs. Phillips during the proceedings, by several of the creditors. The following is the balance sheet. STATEMENT OF AFFAIRS OF SAMUEL PHILLIPS AND CO. .8i; , ;:`36:1817: Da. To crodltorn unsecured .. . To creditor.. partially seeered— &oolitic:. held by them....... To moditore wholly moored -.. . ......... 1n.3T4 8 ......... B.U. 8 Surpluk carried ma leek per contra. Liabilities: LIDA payable 136,823 Deduct— To be provided for by other parties .. PIZ° 11 11.344 7 N.n. The contingent nabllithet through bills re. corer:olle die anted amount in .f. 133,536 le. 7d., and, although several of thy above bilk• are on armA that thhaerebui.siume. it i ded is pa . yrncro mm t a s y ti2. , tl= thm othersart o w leA ho to h, amount will be provided far. At the prevent date iNov. 41, upwards of Z4OIIOO ..f the above amount will hare run t h e re ng an the bine on India to be pold. of which G i nnswan doubt. A .. d. 38.756 10 0 !3.139 11 3 43,578 8 6 101.474 IMPS 9 81.434 18 By %unary debtors conslliered good Ditto doubtful sad tad ...... Z 4. 64.43 14 . • • By surplus nocurWie;l7l.lvrhands of crudltor., as per contra • By property, as pct statement • • Deduct Sundry debt.. to be podia full. m per ortatement Expense.. of TrianageMClA ..... 93 2,N00 0 r7'hc principal beads of this achodule ire so follow Good. einniligned to foreign parts dn safe hand.). Motet): of a +=it .Latc at Santipore—ris. : Original aot 14.850 0 Eationated value of rum and sugar In coterie of coniiiiptincut and un band at dantipore . 16,700 0 Sundries: consisting of ships' chanters. commission motive from sundries on con4enntenta, Lc. 4e. . Privato property of Mr. Samuel Phillip. ...... The Santipore estate Is put down nt Its original cost, from Its ha, Ing bc•en greatly improved by increased outlay and lartieularly from the circumstance of the PrnPowd railway commun.:llton with the port of the country In which It I,..itoated, which will tend materially to en. lance Its value. rendering It one of the most do:trade propertic•l of the kind In India. X E. d. 35,&08 310 6.7 a o o 31.550 0 0 I 4:1 7.62.5 0 0 0,000 0 0 04,936 0 0 With respect to the bankruptcy and affairs of Messrs. Brodie, of Salisbury, the following particulars are stated from thence under date of yesterday : Executions were put into the hank premises of thin firm on the canal, as also into the residences of both the Brodie*, thin day. TI e money found In the hank won deposited in the hands of the Wilts and Dorset Company. It in raid government have a demand of be-' tween one and two thormand pounds against the Memos. Brodie for wing.-bunk money, gamin, Marx, &e., which, of tour, must be paid in full. A meeting auf the trustees for the various city charities was also held this day, at 12 o'clock, in the Councilaliamber, to devise picots for the safe security of such funds in future, and to appoint an other treasurer in lieu of the News. Brodie. Report. state that the trustees will have to make up the num lodged in the hands of that arm, in cane °lions. At the paying in of the seamed taste yesterday and to-day, at the White Hart Lotel, to R. Thompson, Esq., collector for this district of Wilts, there were fewer defaulters than wee entre'. pated—via, but two ; one amounting to 1051., by the Dolman col lector ; the other, in the Clone, Salisbury ' to the amount of nearly 200 f., both of which bold Brodiee' notes for lbw amounts. A meeting of depositors in the Royal Bank of Liverpool was held yesterday. It was proposed that the bank should charge all its debtors 7 per cent., and agree to pay its depositors 6 per cent., instead of 5, which had been offered. It was resolved that a deputation should wait on the directors to make the latter proposition, previous to the Meeting to-morrow. ENGLISH FUNDS. Bank Stock. 184 6 5 4 India Hood, under £1 000, 27 dia. 3 per Cl. Red. Anne., 811 I Bonk Stook for Acet.. 184 3 341 p, -013 I frdrlg2.;l — t - di!, " Loo 6 i nns.. up. Jill. 5. two. 81 Excitsioer 1/11s, £1,060, 2d., 1119 14 15 Do., 30 yrs, up. Oct, 10,180, 81 16 Ditto .C4OO, 1713 19 13 Do., 30 ps., esp. Jon. 5, Indo,B 7-16 Ditto Smolt 3 pm. 3 dis. 2 pm. India roods, 1.3.1100. 35 di. YOREIO FUNDR. per Ct. Austrian BondAl67lU:i: 04 3 pert:. Danl4ll Bond.. 7900 5 per CS. Simpoth Ikroda, Div. frees Nov.. 13.1 n, 3 per Ct. Sionkb Bandy, ST EXCHANGER AND .... li_ Per Account. /term ,I -- -liiabest. LAVAL I Cloomi. 76 25 i 76 16 76 70 ---- v. 10 7orlii j I .as 115 15 115 45 115 15 115 45 lii " .. ..e e Bleitange on Lo;;don (night). 25 75. Money. liihmer. Belgian 6,1640.. 99 .; Maple+ Rent 5........ lon 50 Do. 6.1642 IP9 .; Roman Loan 1901 Do. 44 91 j., Tratoury Bonds 6 percent. I Bank SKY. . . _ 3175 11 ADRID. ofT . . Xl. —Three per Cent... 26 532 paper, .5.11 532 colt ; 11.0 pc, comm.. 101 at 4. dm.. 151 lePer. 1 54 1 mob n00k... 5 mob. 51 paper ; Coupon', 174 taper ; Bank of ex Fennnand, 114 ; Bank ant. Itabelat, 112. Exchange on London, 46 85109. BIUMILS, Nur. 3.—Loon of 1840, 964 4; Ditto. 1 8 42. 981 : Ditto. 86 4 4, 914; City Loan, 1832, 99; Ditto. 1843, 95; Dank of Belgium. 927. Exchange on London, 2590. AIITIIXIIP, Nor. 3.—Exchange on London, 25974. VI WINA. Ocr. Ml—Austrian Flee per Conte., 1041 ; Ditto, TOW MT Cent., 024 ; Ditto. Three per Cent...o o ; Ditto, Turoanditlialf pm. Coats., 574 ; Loon of 1834, 1501 ; Ditto. 1819, 11 1 4 ; Bank Bharat 1.606. Beatty, Nor. I.—Pneelan Bt. Schuld Bch. Threeanda.fiall per Cent.... 921 LOD. 914 money. iil;Ftl Deleon anna... E. 25f., 81' ex thy. y. l et. Dutch Elcb., 12 Du 11... 4 pa tt. Dutch Certificate+, 81) STOCKS ABROAD. ►ARIS. Nov. 3. 3 par Ceuta. ..... BIRMINGHAM, Nov. 4.—Commercial concerns here wear generally a more healthy aspect. A meeting of the creditors of Frederick Barnes and Co. has been held here to-day, by adjournment from London yesterd►y, Charles Shaw, Eeq., presiding. The attendance of creditors was numerous, ex ceeding probably one hundred. From the statement of accounts presented it appears that the liabilities are about 56,0001. ; and an offer was submitted to the creditors of 9.. in the pound, the same to be paid by instalments at six, twelve, and eighteen months hence, with Zs. down, and the first and last dividends (as we are informed) to be guaranteed. COMMERCIAL AND MARKETS. PRODUCE.—MINCINO.LANE, Nov. 4.—The sugar Mar ket continues to wear a firm appearance. 660 Mids. West India w by private contract at the fall prices of yesterday. Refined steady. Lam" 525. 555. The only public sale of wilonial produce to-day was one of 330 bags pimento, which went off briskly at yesterday's prices, sld. 6d. Rice steady. Cotton continue* dull, and Nile. are ociosion ally made at rather lower prices, without being reported publicly. Rum dull; la. ad. Is. 9d. proof Leewards. Tallow without altera tion; 455. 455. 3d. on the spot. Milian wood, slightly damaged, sold 13/.14f. Colr varn withdrawn, 301. :W. Camphor sold, 50s. 508. 6d. E. I. Jute sold; 22/. 10s. 23/. !lumbago bought in, 10a. in other articles no alteration; but there is evidently a gradually increasing confidence as to the Mobility of present prime in the produce markets generally. COTTON.—LIVERPOOL, Nov. 4.—The market was again quiet to-day. Pri,es remain unchanged. 2,500 bales were sold, of which 500 were taken by exporter. MANCHESTER, Nov. 4.—The amount of business doing for shipping is still exceedingly limited with a continual depresaiou se to prices; whilst the borne-trade bounce are doing a good trade ander the circumstances. An attempt is being mule to revive consi derably the block-printing trade, which it likely to be ouccessfal, and will, it is expected, give a further impetus to the borne trade gale. rally for next miring. The operative block-printers having pre sented a handsome opeeimen of their work to her Majesty, it was not only accepted, but a reply, acknowledging it. acceptance, contained a request that some Anther patterns might be forwarded to her Mapes% Under there circumstancea the block-printers have been king a collection of some of their finest and moat original pattern. ti rend the Queen, and should they be successful in obtaining the royal approval, and adoption of them by the When of the court, no doubt the powerful influence of fashion will do much to revive a trade which, while it dates back al most to the times of the Pharaoho, can be ourcessed by no modern in vention for the description of work to which it le applicable, it has not the important advantage of cheaperw which other d i sc h s o c u it! dons of printing have. The collection of patterns made by the printers include Include some very beautiful designs both for autumn and spring wear, on rnoureelline-de-hilne, and alto on a superior and very soft fabric, composed of silk and worsted, called cashmere. The former are of • description which mght be made up into dresses at a cast probably of a pound and upwards, whilst the priced the latter, having a great deal of silk in it, and baring that quality of tonnes. which is so ~Naha to the beauty of drapery for purposes of decos, and almost universally obtains the designation for ouch descriptions of goods of being " lady like," would probably come nearer to 41. or 5/. per drere. The patterns are mostly compiled of English dowels and plants, and the roost striking amongst them perhaps are two—in one of vetikb the rose mingles, and in the other of which the common fern plant is interwoven into • graceful design. The result of her Majesty'. determination Is looked to with much interest. W have no more failures of consequence. The liabilities of Messrs. Costes Mil. Lard, and Co., whose failure was announced on Tuesday, are stated at 160,000 f. RAILWAY NEWS. Yesterday the market at the opening was but slightly favourable; but as the day advanced, and the advance in the funds strengthened, shares became more in demand, and higher prices were asked and realised. The market left off firm, and with an ap pearance of further improvement. MISCELLANEOUS NEWS.—.NITMIDALII.—We tin ' &MGM the diroctors of this line. 1v maarsarnos of the imams stabs cd the mosey market, and the approath of winter, have schwa that that the operation. betwixt Dassahlat sod awarystase s►ould not la se led on re rapidly and exteaslvily as Ms be.. the arm of lath Than will be no cearation of works, tai the laigalaw Tonal sad ether homy works on the Use will ho ossithard at brow% but a nehrete cheek will be even to the passel eparatlems ea the wars =ret railway. Progress betwtat gemerime mai (kolas vat, ,bee setbseedwith the reel ,leasktheheavyamelemat tamales dame hem madam* matamee lawery nem to bairn that it via be wail ex la ant Iletmee pro gram hie yet Una ash la waft with proprietors et Lai p up by the compay. Uwe store a lave foisted too mak nom talus. Nay. 2. Paris and °rims. ... Paris and itsuen A. 17 boiTi lludllml Stranbour, nod Bee. Centre ("lemon) •• • North ....... .1 I ri,A, Orr. al.— \l Path. ; Amish*, 9. 910 515 Id 23 4 41 !'S :1 sie 5 532 618 76 150 50 645 Oro Iltileat Lowe. lift 25 117 6O r 711% 916 DOS 75 M 516 7 . 5 51s as 435 WI 50 632 1111 54 2.5 51 . 5 51 . 5 447 fP 407 66 50 1 t3tl 75 543 10 U. 11 ,14: WI:11°c, M 11413,961: SHIPPING INTELLIGENCE.-MAT u. •IIZ. 601., DOI. lAZIL. DEL • la. DIPIL 3 Dublin...... 010 10 India, e. Bosun- 0 Sydney.NSW • 2 Mussel ..ord 01 FLanden .... az_aptoil .. 00 Mexico and 1 Donseitades . 011 Prance . Do.slsrselllca 0 ..Nov.7 0 Oliern.L.le. 00 Lisbon-Nov. 6 0 Boston And 0 Went 1nd.N..7 0 Rainbnnt.... 0 1 0 Mediterran.. 0 1 11:016..N05.15 0 Braun Dee. 34 GILAzOIieND, Nov. : Fortune, Norway • Ada, Statira, Calm, Calypso, Jemmies • Crusader, Santo Tomas; Northumberland, New York ; Lord Straniiford, Hamburg ; Neptune, Ostend. UN - RU.OOI, Nov. 4.—Arrived : Nautilus, Callao • Nuevo San Fran cisco, LUvadeo; Myrtle, Oporto ; Esther Mm, PeAteinbum. Sidled: Gem, Leghorn; Laura, Newfoundland: Acadia mt.), Danl. and Boston; St. Petersburg, Poston; Bridget, Lisbon; Pursuit, New Orleans. New York, New York; Cobden, TriePte; California, R. John's, New Brunswick; Dolphin, Pillar, Priscilla, Pernambuco; Industrie, Ostend ; Leming, hamburg ; Concord, Boston; Ashland, ?Bantle, New York. Off Magellan, West Coast. September 7, England's Queen, Liver pool; Champion, Mauritius; J Wunder, Newcastle; 1 losannah, Mauritius; Borneo, Plymouth; Tartar, Cork; Frederick Warren, Boston. 12, Seringapatam, Portsmouth; Agrieola, Landon: Sophia Eraser, Slngopore ; Dhur, Chino; Ilambler, WWI- 11, Aktx , z, Pos ton. 14, Blorenge, Liverpool; Emperor of Chins, Liverpool ; Athol. Liverpool. 15, Scotia, I,i Departur.: Serd. 6, A=,. Liverpool; Julia, China ; Mabomed Shaw, London ; Jenny Wren, Liverpool; Fettle Oheb, and Intrepid, Mauritius; Sarah, Madras • Furl eurreem, and Akbar, Mauritius; Jos.. Bourbon. 8, Colonial, and Ruby, Liverpool; P. trl, Colombo; Elisabeth, London; 'Hannah Salkeld, Liverpool. 10, Plantagenet, London; Ilydasprs, Albion, and Defiance, Liverpool. 11, Eli., Bourbon; Ann, Mauritius. 12. Eliza Penelope, Bombe . IS, Cygne. Bourbon; Lahom, LiserpooL 14. Duke of Portland, 15, Lk. B. Wales, Boston. Bomar.—Artirals: September 11, Mama Hearn Bordeaux Lady of the Lake, Singapore. 13, Medal (IL), Kurrachee ; Victoria, China. 14, Anjer, Liverpool; Majestic, Aden. 15, Moffatt, London; Clinton,', back from sea. IR Marv, the Downs; Denry Oar - bier, Liverpool. 18, Sir C. Forbes (a.), Surat. 20, Lord Western, Chin. 21, Pilot, Cochin. 25, Atalanta (st.), Aden. 26, Mang...teen, Aden. 28, Sir 11. lianliftleP, London ; Pekin (et.), 29, Indus (AL), Kurrsebee. 30, Cruimr (sloop-of-war), Bushire; Man chester, Mauritius; Sir C. Forbes (at.), Surat; Seaforth (at.). Colombo. Departures: Sept. 10, Sir C. Forbes (Al, Runt; Ain Bridson, Liserpoul 11, Seaforth (nt.), Colombo. 13. Royal Albert. Colombo; Carnac (at.), Colombo ; Gilmore, London ; Lady Lilford, London. 16, Gilmore. London; Somnath, Liverpool. IS, Medusa (.1.1, Kuno chee ; Ardamer, Hong-Kong ; Lady Mary Wood (.t.), Colombo. 19, Thum. Fields - sr, China. 20, Exmouth, Calcutta; F. MooiulTer (4.), Kurrachcc. 21, Brahmin, China. 23, Hope, Liverpool ; Futtay Rabimon, CAlkotte. 21, Sephlria Tulle, Singapore. 25, Kirkman (inlay, Cochin. 26, Prince Albert, Calcutta ; Inland Queen, China ; Clive 'nloop of war), Malabar Count. 27, Constance, Per..ian Golf; Surat(st.), Rural. 29, Wanderer, Liverpool; Colder, WhamP oB . M OW. Arrivals September 2, Dint Anglian, MAUI. (iui.. 4, Jacob Perkin, Boston. 0. Wimbisr, CAleutta. 9, Robert Small, London. 11, Indontry, Ooringa. 12, Wellesley, tondos. 14, Bentinck (nt.), Calcutta ; James Hall, Anjer. 16, Ruby, Coringa. 15, Aurora, Liverpool. 20. Llewellyn, Liverpool. Departures: Aug. 31, Haddington (nt.), Calcutta. Sept. 1, Ho nannab, Calcutta; Justice, Imulon; Adele, London; Sonia, Cal cutta; Amelia, northern pore. 2, ScringapaMm, Calcutts ; Provi dence, London ; City of Poonah, China. 11, Windsor. tondos; Malcolm. hmor, 13, ROTUMA (at.), Suer; Jacob P,,kird4 Cal cutta; Hugh Lindsay (nt). Malabar moat. 16, Fast Anglian, Mau ritius. 17, Robert Small, Calcutta; Industry, Coring:, 19, Aurora, [Advertisement.] —THE PREVALENT DISEASES Or erne], ar HOLLOWAT'S PlLlA.—Perron, finding them. selves the least out of order should take ten of throe pills immediately, no matter the hour, as they directly act on the liver, etomac►, end bowels, and in no searching and effectual a manner that bowel com plaints arc noon stopped, at the name time correcting any dinorder of the liver or etomach ; thus it is that oaken or others from, or in the East or West Indies, derive such Immense benefit frorc thin line medi cine, which invigi rates impaired ormetitutions. inducing feelings at youthfulness and energy : the same cared the Earl of Aldboroogb a liver and stomac► complaint. These medicines are cold by all druggiets, and at Protemor Holloway's Establishment, 244, Strand, London. BIRTHS. BAGNOLD.—M Rt. John's-wood, the wife of Col. &s molt]. of • daughter. DEAS.—Sept. 14. M Dhoolia, 13orobay, the wife of .1. Mar, EA,. 44 gammon. Candefalt. of a dau•4ter. FAGAN —Sept. 3, at &Sante, the wife of Capt. now deputy Par TA!!!!4:T:P.f. • eo•. - - COI sum.. GLADW IN.—Sept. 2. at Barrackpone, the w ifo of the Iter. C. GladwM. , of a daughter. 111 1 rtt in No_v_. 2, at Dover, the wit of the Rev. 11. 11111, vicar of Aeon hollow, Warwickshire. of a da ughter. Ll.llll.ltD.—Nov. I. at Dublin, the wife of Capt. Lloyd, Brigade Major Royal Engineer., of a daughter. MAN T.—Oet hi. at Hillsborough, the wife of W. B. Meet, Arcbdcsoa of lawn, of a von. MENGORT.—tlept. 5, at Bombay, the vita of the ACT. J.B. Mental. M a row RAY EN sCROFT.—Sept. 211. et Bombay, the wife a A. W. UMW croft. Esq., C. 8., of a daughter. TY NTE.—Nov. 1. at Cefix Maury , the wife of C. J. R. Trtte, 11. P.. of a daughter, WEN iIER.--Sept. 10, at Calcutta, the wife of the ACT. J. Wenger. M daughter. MARRIAGES. DR YERSAN—CLANCY.—Oet. 27, at the church of the Madelikee. Para, and afterwards at the ROM& Emlituoy , by the Rev. Arehdeeeint Reatim, IC R. C. de Verson, of Manelikw, to Anne, Mew dang lllll Of J. (Una/. Roo , nf ebdto. DRISCOLL —0 RA . NT.—Nov. 3, at Rockland. now Domr, by the IRO. J. B. Roberts, view, the Rev. C. Priwoll, M.A., lecturer at S. Marys, Stratfontle Bow, aliddlone, eon of the late S. Drivel'. . King s counsel, of Dublin, to Margaret. ordy daughter of th RMe tale T. Grant, Kvq., and niece to the taut Right Mon. Kr WM. Braga. Master of the Rolls. PRA NCIS—PRAMKLAND.—Sept. 13. nt Dharwar, Bombay, Lime. J. Francis, fah Bombey L. 1., Arvd..Superintendent the rm Survey, fthr C. to Georgians Anne, )ungoit datable , taa G. Emokland , Esq., Surveyor.Oeneml nf Vole Dlemens Land. JON ES--SA PTE.—tlept. Iti, at the Britidt Enilassy. at Florae. R. Jou.. EM.. of Gartland, S li go, to Jane Margaret, eldest &QOM" of P. ga.pik. E.g., of Eaton.place, Deign. c-vetutro. MENZIES—CRIGAN.—No . 2. nt Eorrick, Rohert William. cell Wel of R. Measles, 141., of W ' o od hal, York, to Julie Janette, mead daughter of the Rev. Dr. MOC ATTA —MAN NIN(L- C l i = 26. at Molaidobad. by the 11". G. A. Y. Mulct. Lieut. D. Mocatta 3tah L. 1., Mfg. let. and QMI. lath fi.l., third, son of E. Moesttit. Req., of Liverpool. to Georg Lucinda. locoed daughter of the late Myer E. Manaus, of the lelit Oreaadlunt. DEATHS. BUTLER.—/for. I, In Parts, Hanka the widow of Llent-Col. Itadar, of the Be7al Artillery, sired 77. n ILL—Se T, at Calcutta the alto of the Rer. M. 11111. 'MI 67. EEllo. eut. E.—tlept. 11, Cakutta, Quartormager Dlth l, aged SS. HI N EZEB.—Sept. T, at Hyderabad, Bointay, the Re , L. MO"' Roman catholic chaplain. HI DDELL.—Itor. 2, at Manmade-on Tyne, of fever, contacted la the exercise of hit spiritual duties, the Right her. W. Bahia DX.. catholic Whop of the northern district. WATSON.—Sept. la, at Ilyculls, Bombay, Mary Elleartora Ideal &whter of Licut..CoL Watson, Artillery. W 1 LLES.—Oct. 30, at Bath , the acv. E. Wine% tnh of UMW. Aid desoon Willa, aged DC W ILLEII.—Ott. 2n, 044. O. H. Wilke, of 11.M.a ship Vaairrird• Malta. of an attack of paralysis. WILLIE.—Oct. 31, 11. Walls, Sea., of Toga*. Norfolk. fonnrar a captain in the Wiltshire militia, and la pnYllA aN se. v., h WlMaati AIN=4O.OII. O. Ns - .obll . Oft fi Pelona et the U.— , and Asa la Lenteraemet. la the wt.. lM Om* et Itlealuelt,ratllii, /WWII, is Mg. the landowners a feeling that a railway company wan fair game, and accordingly extravagaat demands have been given in, which could not be submitted to. In some instances, where a °tolerate ela.ut wan made, the matter was simply referred to arbitration, without incur. ring the expensed leading evidence, and nearly the Pl.Ol claimed was allowed. A good deal of work has again been done in this immediate neighbourbad, particularly at the points of crossing the Lochmaten and Edinburgh rands, and at Noblebill. The moths at the tunnel IMO going on well, the nature of the ntrats hitherto excavated having been highly favourable.—Dumfries Courtier. SHARE LIST.-1. Fors—The quotations of Lines In 1 traareteow those of linos AID. Ambe7gt.Not&Bcrot.l 10 Hinn..Wol.,ts Dudley! 8 Iltirra. Wolk N.Valles,", 15 diem. & o.rford 5 llostnnAuxt. &Bine; 75 Itregrol and Envier. I ; 1 12E 3 311. Do. Mares IChrotor Holyhead 6 a re Preference-- Clance Do.lelCL,Opes a Do. Id Cl.. bier CO Do•Dor•Loax,4p.C. Dulin& 20 lad Dundalk& Anniakk. SAAI2,SII.AtE.tIAtD 51. Do. ast. e 6d. Do. 138 10E. E. & Id. 10 fulcra Counlion 113 DoDerp.sp•Ct•No.l IN Do. do. No. 2 I Do. Vora Eats_ .13.• 8 DoNortho &Ewan 4 W Do. 1 Mares . 11' 3 Do. A'no. . • •3 ' 0 Eastern Union .. o 3+ , Do. Mares EARL Lancarfalro l4 3 I Do. New 3/ Do. New, / Mbart. 31 East Lincolartdro t i llizt . ougt: . Lva ... la . 116 1 Do. !sharer .—. 12 2i 'EAlinb. rtf tiorfAerft 24 Do. New .. .•• • • • 7 Do. Ncloporf., 21 Exeter, Isi!, Dort. 1.1144.. 30 Wive., kil o. et Ayr .43rLot Northern,. .24 ++. 41 Do. Lon..t terike 1; lid. 38 01. StA .(7 ,lint Ired 11 DV Gt. Nth. of latglAod— 9 0 8 Do. Nile, 401 14 Do. N 1.,, 154. 15 Groat o. Weetera 1= Do. litho 7 Do. Nr0.176.. 3 77 /l 0., Mose. 7 Do., do.. Thirde . AO Hull and Selby 26 Do. *D am 126 Do. 3 *harm •7 * 15 10.9/lurid...Ed ht. 7 Do. de NorleirA 7, 21 Do.ExtecllateCtl: 1 00 LAMA, Cartik, 19 Do. Thirds . 82 I.ancall.BVorksMiL 713 Al Do. 1 shares 111 Do. *harm 4l • Do. eirloonilO;., . IC Do. Thlrd4 iltaid.l 91 Do.Liorrid.rktiory 33 Do ffutlarrerd 473 /or . 8/1••11411 4 Z 11 dB Do. W. R. V010n...214. If Do•DroatonaWyra24 9 no. shares Al} 341 14 180. • .. •/3 / Ip. 19 Leed. and Bradford .96 - if 1450Le4codor Bodford. • m: Thl 1 . 4 134 14 32;re..147.15.i5 . 42.:.'1111Td. t jl3 . Do. Neto 12 132. 11 i Do. Pref. 4 . i.,;;....1et. 2 Id. I 37 Leeds, Dew.. Nam* 6 Lis., None. t N. Jos. i I 3 Lio..Croth.y.& Soulls.l 14 IN, London is bbdwail. 54 10 6 , D., do.. No.l 3 1 0 3,1 Do. (10 Do. 1,3 1 10 1 4,1t b ."'Et Do. Prf.env.sp.Ct. Lorsdow and Gnaw. i flu. en:farms 'London t Wagon, 4851 /NOON, NOT. 4. ornan cluractarn denote notail 1144. cs seUtre . prime. ton.b.N.WQN.L. kis 1 Do. New.......... Do. rum.... 40 Do. 407. oh. N. & B. 74 1).3.101.e1t.,k.t el TI N. 1) 1 Do.lotte. ll & London& 8.11 estem. 40 Do. Nese Cont. SG Do. Now , 7JII. ... IS Do. Now, 50 Do. Coon. Tontha Do. ;"I,7i•r;ivia7 IFt st ltd. ' l 4l 1:14 •;«;ii Manch.,Bust.,4l4.l • MunrA..k.Soalmusp.l Midland ....... ..... ' Do. Warm . Do. Biro. ck Derby: Do C Brt &Br *Li] I,mi - J.•(;EiN_;i,Tx.;• ! );. Rerw. @CMtlnlo Do. Aura ... Do. 'll...nslon 1 Norfolk . 110. N.,. 21M. Do. Keit 11J,012 .P , l. do yttretwy V. 1iTZ7.77 :I 6 North Western 36 Oaf., Worm,. & WWI% Ti Read. Cu iLL et Rely. 111 Royston .I,ki Ililchm Sroyi.di Centred ; Itst b i 4 1 6 i 111 Int 191 L l l O l &Tiffs . ik e ttidkin . 6 A 4 ,T., Hoek & 6 Igirerrs.& 04 31d. 3 Do. do. au* D.. .: 4 Sur Ira Union— ••6 10 Suitt* •IN 171 4 Bona StolArmoo.. l ! 131 FAAernADos-rmi: O Do. do 1,1 17 Do. do 2lO 16 Do. do 66 Do. du. 43, II Bova Iraks 66f. 1 Yin*A.Don.46die. 4 Tar Kik Ertenli.l. 34 34n 7 711aiwir Doren, DA 4,161 10$. Wakrford & KOAns.' Whilehar.d . I WAD, 50n4.,& 11"0nn36 11 Win. Ons.A.S.II . OOLI York. Nona.. k Ikr. 30/ 14 Do.orig.Avvrot Her DoNSl.DtdslNrele.. Dors.NonlaNi s .121 DodoNo2N walk:en.. i DoiJNEPturor Prci YorkkNorthMidlan .11u 1 2 Do. Prtforenix 'lll 6 161 D0.11.4411.A1di.A4•26 AI 66 rOIItIOSIRAILWATP.I 11o4docoo A Arnim, .134 14 In 14 1.4.4..0f Pr.lor.k Vol 12p t n k nr Eart Indian in' Lon rain a 1,4 Swain, iri t • t td N 3 1 14 21 G ILturenoboarft i Loon..C . A mil , rnhel ql7ll V2.-1.";Zr,"."04 L i :g e • !10 91 .I I , ',meet, Hp Ithlto., & Uordt.taux Nth and Lyow lii .0 Par: : a : 4 4 .Z r i:;T: : 11: 8 Pith. and Straltsourg 1 120 Bonen and Illvre 113 16 gambre and Mcw.e St j j 8 Tour. and Nantes I 8 We..t.flandors ll Iv Ammo. 7 1 1 r •Tici-e, 11,344 7 3 54,936 0 0 478 4 8 11Y2,1351 IS a 2.679 3 3 100.075 11 4 .