The Express. — London, England, 1853-02-09 00:00:00

RAW intelligence. JUDICIAL COMMITTEE OF TILE PRIVY COUNCIL--YostigaDAT. Paso , t —Lao CWis; 11 , 11; jr...; Wal.l..rrovers, me haus ow use Ainstsuia.ry One; ars SLR ra. Ant , Kira.. lillAtlell P 1111710111.-11 COI OP PATIN'''. Mr. Webster appeared lot the pout inner; Sir F. T►aiger, Mr. T. Jones, end Mr Ds teston reprerteted the opponent of the patentee. Mr Henry Darwin. The Might Moe. Dr. Luehingten delivered the *Want M the 11, who w.rie ol opin , on nut wily that great .J• v4ntrigea bad ■ecrued w the public by the introduction of this invention, but also that the patentee bed not received any rsuwner.•tton by to worlitnie. Under these rirtutn• stance.. their I inistiips would isdis:se her to grant en eatellai.n of the patent for *even years. The counea thee adjourned sine die. EQUITY COURTS.-- YwaeknAT•. awes. IN. Loeb (NO.. 11.1.06 &MD 1,111. LOOMS Jl.lllCill. Ile CVMMI:4I.I...—LUXACT. . . In thie caw., eeoieltatood --- ;•erist — urdar that the court might consider whether row sati•factory arranaement inn:hi not be made which would put an eud tu litigation, and wl.ich was in the pa'er of to-the, Their lordsnipsintimtiml that they would take some fur ther time to look into a matter of form connected with writs of sunemed•me- RI !MIMS AND 1)11 L RAILWAY Cotar.tne Ex MoWAIT A.I. ELLIUTE—TILM 11 INDINU t r Acr. This ease, wheels was part heard on • former day. was resumed. It was en appeal from an order of Vice-Chan cellor Kinder&ley confirming a decision of the Master, piecing Mr. Nowell and Dr. Elliott on the list of contri butories to the liabilities of the D Jeer and Railway Company, under the Winding-up Act. A guarantee had been gist a by the directors to the shareholders, among whom were Mr. Mowatt and Dr. }.l•utt, that, if the com pany did not obtain at act of parliament, they should not only be held harmh•a of liability, but that their deposits should be smutted ti them in full. The Master had made • cell of n. a shire. Mr Daniel, Mr. Witles Of the common-law bar). and Mr. Itoaburuh. ter the appellant', contended that they were not only held haradeas by the gulrantee, but untitled to have tae whole of *hear deposit. returned to them. . . Mr. Diane and Mr. rieliryn, for the official manager, urged that the Liet of Mr. Molest% and Dr. Elliott's having signed the deed constituting the company rendered them liable, notwithstanding the gosiantee. Mr. Ilislap Clarke appeared to watch the ease for Lord LlndesborJugh, one of the directors. The Lord Chancellor, without hearing the reply, said that there was an order fur the winding-up of the sffain of this company, and all the shareholders had been placed on the list of emitributories to certain aspen,.. incurred by . . the official manager in getting in some outstanding debts of the company, as well as to some debts against the coin piny, which were still unpaid, and the Master had made a ea:, able call to liquidate those liabilities, and the question was whether that call was just or not. He doubted whe ther the precise point in the case had been brought before the Vice-Chancell..r, for the ease appeared to him to be free from any doubt nr difficulty. The company was un able to get all their shares taken, and u an inducement to persons to take them entered into arrangements with the South Eastern Railway Company, by which the ahem of this company would be made stock of that company. On 24th of January, 1846, the directors issued a circular which accompanied the letters of allotment, in which it was stated that the arrangements with the South Eastern Riilway Company had been com pleted, which would ensure the Do rt r and Deal Company from loss ; and that in the event of an set of parliament not being obtained by . the Dover and Deal Company, the whole of the deposits would be returned without deduc tion. 1 hat was clearly an indemnity against all lots. This circular was advertised in the newspapers on the 20th January and one of the solicitors of the company sent a cope of It to Dr. Elliott, and pointing out the advantages to be obtained by the shareholders, urged him to take shares, and get his friends to do so also ; and Mr. Mowatt, through Dr. Elliott, was induced to take some shares. He could uot, therefore, be said not to have been aware of this guarantee, and he eccordisgly signed the deed on the 2nd of February. On the 4th February, the solicitor of the company induced tie. Mowatt to take snore shares; which be did, and a second time executed the deed on the faith of the guarantee. There could be no doubt that the parties previously liable were the directors, who by the indemnity which they gave induced him to take the shares and to sign the deed. The guarantee wi.s collateral to the deed, and its meaning was that, in effect, "if you will execute the deed, we will guarantee you against loss." The order therefore, as regarded Mr. Mowatt and Dr. Elliott, must be discharged. The Lords Justices concurred, and the appeal was allowed with coots. Some discussion then arose with regard to the nature of the ordrr, and it was arranged that the order should be made fur the discharge of the whole tall. The Lord Cheasellur here left the court, sad the Lords Justices sat alone. _ BILEN•N O. PRZISTOX. Tins was a motion to commit the defendants for contempt in not obeying the injunction which had been granted to restrain them from proceeding with an action at law. The ease was only part hoard when the court rose, and we there fore postpone oar report. Bares' ?WM Muria co furs law. SHRIWARORT AND BIRMINGHAM RAILWAY COMPANT •. LoNboN AND 14 (Wit WRSTRIN RAILWAY CONYANY. —J VD42111111% _ _ of the Rolls gave judgment in this case. The bill was filed by the Shrewsbary as.d Birmingham Railway Company against the London and North Waste= Railway Company and the Shropshire Union Railway and Canal Company, for the purpose of enforcing the due fulfilment and obtaining the arms of an agreement entered into be tween the companies, which was entered into under then cirensestances. In 1847 the London and North Western and the Shropshire Union had a bill in parliament to au thorise the London and North Western to undertake a lease elf the Shropshire Union. That bill was opposed by the plaintiffs, and in order to induce them to withdraw their op position, an agreement was entered into in the month of May, 1317, but which was not re duced to writing until the 12th of October, 1847. The opposition was withdrawn and the bill passed. In the agreement the London and North Western Company agreed to take a lease of the plain itL' railway, and not to convey any italic from Shrewsbury to Wellington, or to worths line by Gursol and Stafford to compete for any traffic which properly belonged to the Shrewsbury and Birmingham Railway. The Shrewsbury and Birmingham Railway, is November, 1849, applied to the defendants to l innate the lease. This was not done, and in the month of December following the plaintiffs filed their bill in this NON, pra)ing that the defendants, the London a n d North Western Company, might be decreed to refine their con tract. A demurrer was put in, which was argued before the late Vice-Chancellor of Ragland, who allowed the de- Rayner. This decision was appealed spinet to the Lord Chancellor (Lord Cottenham), who overruled it. On the answer being put in an application was made in De cember, 18.50, to Lod Intro, who was then Lord Chancellx, for as injunction, which had been granted to be continued, and his lordship thought that the question as to the injunc tion could not be determined until various questions had been decided at law, and he, therefore, dissolved the in junction granted by Lord Cottenhain, and gave liberty to the parties to bring such action as they might be advised, the plaintiffs and defendants agreeing to keep accounts in the meantime. The action was brought, and after the judgment of the Court of Queen's Bench, in November, 18.51 (in favour of the pi einuffs), the motion for an Bijou- Mon was renewed before him is the early part of last year. The motion, however, stood over until the hearing, which took place is November. The ease of the plaintiffs was that the defendants bad broken the agreement, while the defendants contended that the agreement was void ; that It was beyond the powers of the company under their act of parliament, and that it was against public policy ; and, moreover, that even if it were valid the period at which it should come into operation had not arrived, and would not arrive until the whole of the lines in question were completed. The plaintiffs contended that all these questions had been determined in their fa vour by the court of law, the judgment of which was con firmed by Lord C .ttenham, and the defendants contended that Lord Cottenham's decision was not conclusive—that the court must be determined by the decision of Lord Truro, who had dissolved the injunction—that the ques tions which Lord Truro thought should be determined at law had not is reality been determined—and that until they were determined this cause should stand over. lie WWI not, however, disposed to adopt that course, but upon a full consideration of the case, he had thought it better for the parties themselves, and more consistent with the duties imposed upon the court, especially since the last statute, to endeavour himself to come to the best conclusion he could, and by this means din %oration would probably at an earlier period come to be de cided by a higher tribunal. The first question was whether the agreement was valid. The main grounds on which the defendants relied were—first, that it was • fraud upon the public by conferring a monopoly; and, secondly, that it was not within the scope of the act. The first ground had been overruled by the decnian of Lord Cottenham, and also by the Court of Queen's Bench; and as to the nomad pond, ha did not think that the validity of the agreement had hesmentialilebrd. The next question, however, stood, on a different ground. It was this—whether the agreement was to come into effect in accordance with the act of par. liament. He was of opinion that it must, and that as the act only gave power to the one party to grant, and to the other to accept, a lens when the lines were completed, and as they were not yet completed, the time had not arrived when the agreement should come into operation. He was of opinion, therefore, that the ease for the plaintiffs failed, and that the bill must be dismissed. He thought, how ever, it was not a case for eons, and he should therefore cumin both this and the cross bill without costs. •oreaa WwweitAwnium erVaill% This w the int day of the sittings after Hilary Term. FPOOILS Y. TUB LONDON AND SOUTH Will7l/21 RAILWAY Co The bill in this suit war filed on the 16th of December, 1852, by the plaintiff' nn behalf of themselves and all other the shareholders 'can't the company and the direc tion. The object of the bill was to obtatu • declaration of the court that it woo not within the powers of the London sod Smith Western Railway Company to complete, or fur ther to arty on, the works of a railway, the construc tion a or i h they had commenced from Su beasts se &Blistery, sad that the f ee d s o f Ils• Lassies sad &ma Western Railway Company cannot be lawfully applied to such purposes, and for en in junction to restrain the directors of the Loudon and South Western Railway front farther carrying on and completing each works, and for a declaratim that the directors were personally responsible for all tummy* expended and acts . done in the completion or further carrying on these works , subsequent to the period limited by the London sad South l Western Extension Act for the completion of these work.. The cause came on upon tuition for an injunction in the terms of the prayer sif the bill, so far as it referred to an injunction. The motion was argued on the 13th and 11th of January. It appeared that in 1816 an act wee passed by which the construction of a branch railway front Basing stoke to baliebury was nuthorised within a period of five years, the powers of taking land compulsorily being how ever limited to three years, and in 1849 by another act those compulsory powers were extended to a further period of two years. All these powers expired in the autumn of 18.51. In January, 18.52 (after the periods limited by each act had expired), the directors entered into a contract with Mr. Brassey for proceeding with the works, under which ho was working up to the time of the motion being made. It also appeared that shortly after the issuing of the act in 1846, the directors had con tracted with Mr. Beauty to form the line at the price of 380,0001., slid he began the w rks, which he continued until some time in the year 1848, when, in consequence of the panic, the works were suspended, with a view to relieve the shareholders from a call at so unfavourable a period. The works sulasequenty proceeded slowly, and in June, 1851, when the act expired, the amount expended in the forma tion of the line was 27.3,4811. Half yearly inectings of the shareholders were held under the act, at which the accounts of the expenditure were regularly presented. The opinion of the shareholders had been taken on the original contract and on the subsequent ausisension of the works, and the pro ceedings of the directors were approved of from time to time by resolutions which were printed and regularly eir minted amongst the subscribers. On the expiration of the powers in the act in December, 18,51. the expediency of recommencing the works was considered at a special general meeting. A committee of shareholders was appointed, by whose report the shareholders were recommended to authorise the directors to continue their works as soon a, their finances would permit, and at a subsequent meeting the recommendation wu adopted, and the director, entered into the agreement with Mr. Brassey, to complete the railway with a Uncle line as far as Andover only, for 74,0001., and the works under this contract now proceeding formed the suhject of the present motion. Mr. Malin and Mr. F. J. Wood submitted that the act now complained of being illegal, it ouvht to be restrained at the instance of any shareholder. The 'section of mist ing, of the shareholders could not give validity to the act. which was itself illegal. It did not appear that the plaintiffs had concurred in this unction, or that they were present at the meeting ; and even if they had been, no acquincence on their port was sufficient to destroy their right to prevent this act, itself illegal, from being done. The only question+ which the court could consider were whether the plaintiffs were shareholders, and whether the act was ill, gal ? Both points were clear, and the plaintiffs were therefore entitled to the injunction. Mr. Bacon, Mr. Follett, and Mr. Wickens, for the de fendant:, submitted that the acts were not illegal. It might be a question whether, their powers being expired, the company could compulsorily take land; or, at the suit of the Attorney .O I, as representing the public, it might be a question whether time was the essence of the contract as between the company and the public, but as amongst themselves it was not competent for any shareholders hav ing acquiesced ti claim to stop the very proceedings in which they had acquiesced. In cases where the court had interposed by injunction there was something not authorised by the company's act, but here the very thing complained of was that whieh the act authorised. Again, it was a rule of the court not to interfere by injunction, at least in a ease of any doubt. where the consequences of granting the injunc tion would have caused infinitely more mischief than could be occasioned by refusing it. The case stood over for his Honour's judgment. COURT OF QUEEN'S BENCH.-YErrERDAT. lITTWO, AT ITIAT Pauaa—Eooi■ LOND CANT/AIL •A • Silt= JIMT. THE QUEEN V. ORCHARD AND COX.- ALTAI:IID ComoriaAcr. This was an indictment fur an aileeed conspiracy to de- fraud a pasty of his coats, and to mislead the Court of Com mon Pleas and one of the Masters of that court, in reference to the same bill of costs. Mr. M. Chambers, Q.C. (who with Mr. Henniker ap peared for the prosecution), said that tho defendant Orchard was an attorney, and the defendant Cot his articled clerk. In the year 1819, a Mr. F. G. Orchard, then • minor, brought his action by his nut friend against • Mr. Reek. straw, which action came on for trial upon; the 17th April, 1850. Upon the trial Mr. F. 0. Orchard obtained a ver dict for 311. 10s. After the trial the costs were lazed in the usual way, the attorneys upon both sides attending before a Master of the Court of Common Pleas, in order that he might give his allocatur certifying the proper amount to be paid. In the Uution of bill. of coca, it is usual for the attorney to make an affidavit, called au affidavit of increase, setting out the amounts paid by him to the Tarim' wit. nesses. This affidavit was made in this instance ; but, as the prosecutor alleged, the statements of moneys paid con tained therein were false, and were known to be so by the defendants, inumueh as the money in some instances had not been paid. This was the ground of the present premo nition. Mr. Se ''sent Wilkins appeared for the defendant Orchard, and Mr. E. James, ca.c., and Mr. Huddlestone for the de fendant Col. The learned eerjeant contended that although the defendant Orchard would appear to have acted irre gularly, yet the intention (which was the gist of the offence) was not fraudulent. Mr. E. James, for the defendant Cos, adopted the same line of defence. A great many witnesses were called as to the character of the two defendants, all of whom spoke eery highly of their honourable and upright conduct. Lord Campbell then summed up. The ry returned a verdict of Guilty. Mr. E. James 'eked, on behalf of both defendants, that the court would hear afidavits in mitigation on a future day. Lord Campbell was ready to bear them at that moment. Mr. E. James said that none were yet prepared. Lord Campbell then ordered that the defendants should come up to receive sentence upon Thunday neat. COURT OF EXCHEQUER.—YEATERDAY. smums AT Nnt Pants AT WATIIIIIITTIL—Rowe Ma. BATON Alums mob Imam. Joan. BATSMAN •ND ANOTEER a. GRAT.—ALLECIED INFILINGIIIINT 01 , • PATIINT. _. . This part-heard ease, which we noticed yesterday, was concluded this morning. The learned Judge was in the midst of summing up,when The jury interposed, and said they had agreed upon their verdict, which they thought should be given for the plain tiff-damages, 40s. The Attorney-General tendered a bill of exceptions to his lordship's ruling. TEE SOUTH YORKSHIRE AND RIVER DUN RAILWAY CONTANT O. JOH-;11-8T-0-Xl: This was an ac.ion to recover 2641. for calls made on shares in this eomnaay held by the defendant, and 481. Ile. Bd. fur iatereat. Mr. H. Hill, Q.C., and Mr. Phipson appeared for the plaintiffs, and Mr. Bramwell, Q.C., and Mr. Outh for the defendant. It appeared that the plaintiffs' company had been smal gamated with other companies ; and although the defendant had applied fur shares in the South Yorkahire Railway Com pany, other shares had been sent to him, a n d h e had re-- feud to pay the calls which bad been made upon them. The point at iieue resolved itself into • question of law; and it was understood that it would be turned into a special case for the opinion of the court above. Mr. Baron Martin said he was of opinion that the plain tiffff• had no ease. The plaiotiffs were accordingly nouseited, leave being reserved to move to cuter a verdict for the plaintiffs, should the court above decide the question of law in their favour. PREROGATIVE COURT.—YESTKRDAY. Biros. tka Joni Domes. The coon was engaged all day in hearing the care of " Gorham v. Maim and Goodfellow," the arguments in which were not concluded. COURT OF BAN Barons Xs. r.- YESTERDAY. BOLP/TD. IN RI K 1 ~ 1 1111 OP This was the last examination meeting in the matter of W. J. Herridge, who h►d carried on business as a cheese monger, at Deptfori. lie had nit surrendered, and it was stated that he had gone to Australia. The liabilities are not considerable, it is thought something under 1,0001.; and the bankrupt has left behind him about 1501. in debts and proparty. lie was ordered to be proclaimed in the usual form. Baron. Ma. Caionsuoxza Er*ra IN as M'Ciltoaos.—AxoTura B. . -7- BANIRIIPT. This was the last examination meeting in the case of W. M.George draper and tallyman, of St. John- s t ree t- roa d. He also lisla absconded to Australia. Ili+ debts are about 1,000/. • the assets consist of a few debts which he h a s l e ft uncoacted, the proceeds of which are uncertain. Mr. Lawrence, for the assignees, stated the facts to the court, and applied for the usual order thereupon. Hie Honour directed the bankrupt to be proclaimed. INSOLVENT DEBTORS' COURT.-MTERDAT. Mimosa Ma. Law. IM THE MATTI& or Juits HEMET CROMWELL RUSSP.LL. This insolvent, said to he a lineal descendant of Oliver Cromwell, appeared for further examination. Mr. Sargood opposed for Mr. Thomu Tapping, • barrister, and three other barristers; Mr. Cooke supported. The case occupied the whole day, and counsel addressed the court at considerable length. The principal complaint was that the insolvent, an attorney, had made a fraudul en t disposition of his property. In the year 1845, the insol vent, and it was alleged Mr. Tapping, had projected the Thames, Southend, Northern and Eastern Junction Rail way Company—and the parties advanced 2001. each to any on the undertaking. The insolvent gave his I 0 U's for the money on which he was sued, and judgments were obtained. A few days before the trials the insolvent made a post nuptial settlement on his wife, and resided several years abroad. He came to England last May, and was arrested. He had been several times before the court. A singular circumstance occurred on the present occasion. It appeased that the insolvent had presented a memorial on account of some tithes in respect of the very property which had been presented to the Earl of Albemarle for the pert he teak is the restoration of Charles 11., audit had by THE EXPRESS, WEDNESDAY EVENING, FEBRUARY 9, 1853. a singular chain of events, each as marriage, come into the I possession of the insolvent's family, who had descended , from Oliver Cromwell. Since the lut rumination it ap- peered that, during the imprisonment, tho insolvent had molted his annuity of 13f. u a retired commissioner of bankrupts. Mr. Commissioner Law, after hearing the argument of I counsel for several hours, deferred his judgment until Wed nesdny, the 16th inst. SURREY SESSIONS.-YESTERDAY. BILVOI3 3. E. JOIINSTOKO FIa. •ND • 111,C11 OV Y•GI,ia4TO. MERCY TO HIGHWAYMEN. Daniel Wall, 26, a ruflianly-looking fellow, was indicted for aseaulting Mary Ann White, and stealing from her per , son Os., her property, nods r very aggravaßal eireutnstanen. IProsecutriz, a simple-looking young woman, stated that slas recently resided at Farnham. and having a sister litine in service at 14, Park-street, P.ceadilly, she revived to visit her, and on the night of Saturday, the lot inat.nt, she left Farnham to walk to Loudon. She arrived at Richmond about half past 12, and went into a public-house to partake of refreshments and inquire fur a cab. While there she saw the prisoner and two sailor-looking men, who followed her out of the house and insulted her. The two latter left her on her threatening to call out, but the prisoner followed her. When in the public house she took sic shil lings from her pocket, wrapped it up in her pocket-handkerchief and deposited ii in her bosom. The prisoner saw her do so. When she arrived near a dead wall in the New-road the prisoner suddenly pounced on her aid seizwl her by the throat, erclaiming at the same time, " If you don't deliver up your money I'll kill you." He nearly strangled her, but she struggled hard with him end get away, when he again pursued her into a yard be hind some hoses and again beat her, at the same time forcing his hand in her bosom and stealing her money. Her dress wits much torn and her face cut and bleeding, and before any one came to her assistance the prisoner escaped. After the prisoni r was anprehended she attended at the police court, and identified him. The eau was clearly made out with the corroborative testimony of the police and the jury unhesitatingly returned a verdict of Guilty. It was also shown by the officers that the prisoner had been enviously convicted at the Central Criminal Court in 1843. and Sergeant Conway said that he was an associate of Aell•known thieves, as were all his f►mily. It was therefore with some surprise that those in court heard the sentence of the presining magistrate, that the prisoner be confined fur one year in toe Wandsworth House of Correction with hard labour. MB POLICE COURTS. pIIILDHALL. Alfred, George, anfifiedarcTitsynolds. in the employ of Messrs. Howe and I iillier,firrien, of King's Armayard,Lit tle Whitteross-street, were charged w.th besting a horse to death. Mr. Thomas, the agent of the Society for the Prevention of Cruelty to Animals, prosecuted the complaint. Mrs. Sarah Alvis on, of 10, Kiag's Arms-yard, stated that on Monday, the 17th January last, she saw the de fendants George and Richard in the shed where the horses are shod. Her attention was drawn to them by hearing the sound of blows in the yard, and on looking out the saw Richard standing near the head of a horse, and hold ing a rope by which it was tied to a beam, and George was beating the horse with a stick about twice the thickness of a broomstick. He continued striking the animal'on the head and shoulders for a few minutes, and then Richard took up the same stick, and commenced beating the horse, , while George stood near its head. This lasted about five minutes, and then George and Richard took it in turn, and ultimately they both beat the horse at the same time, and continued to do so until the horse fell omits knees. Richard then struck it several time on the shoulder and it rolled on its side, when he took up a hammer and struck it three times on the ribs, at the same time saying, "That'll have him up." The horse strug gled violently for five minutes after this, and then expired. They endeavoured to restore the horse by pouring water down his throat, but without sieves.. The) then proposed bleeding the animal, but their father told them it was no use, as the horse was dead. Alfred was present, but took I no active part in ill-treating the horse. The hone's head was tied close to the beam. It plunged violently many times while it was being beaten, and d a little on its hind legs, but those signs of excitement in the animal were evidently the result of pain, and not from madness!. She had lived in the yard nine years, and had frequently wit nessed similar acts of cruelty perpetrated by the defendants. and it was only a week or ten days ago that she was obliged to threaten to give them into castody for cruelly beating a horse. Abraham Hill, a greengrocer of 21, Whit/cross-street, said he went into King's Arms-yard OP the day in question, and saw George and Richard beating a horse with sticks. Oeorge had what was called a " twitch," about 3 or 4 feet long, and an inch and a half in thickness, in h• hand, and was striking the horse about the head and ribs as hard as he could hit it. He afterwards saw the bone kicking on the ground in the agonies of death. Other evidence of similar character having been adduced, witnesses were called for the defence. John Beeson, a veterinary surgeon, said he had ex amined the horse since death, and found the brain in a diseased este, which had existed three or four months. It wasj a Belgian horse, and such it was well-known were more vicious than thaw reared in this country. Thorns. Mosre, a horse slaughterer, said he took off the skin of the animsl and sew no bruises. John Charlish said he was in the shed of the King's Arms-yard, whim the horse was under the treatment com plained of. The animal plan gd and kicked violently, but the blows were not very hard; not harder, in fact, than witness could have borne. Sir Peter Laurie eriiithe case was very clear. The de fendants had lost their temper, which led to the act et cruelty. However, it was shown that Alfred left as soon as he brought the hone into the yard, and he would there fore dismiss the summons against him put with.regarckto the other defendants he would fine George, he being the eldest, 505., and Richard 10*. He was lenient with them because he thought they would not be guilty of similar misconduct again- MARYLEBONE. Charlotte Spain was charged with having stolen a Bank of Eaglaad note, value 1001., the property of Mr. Alexander Young, a gentleman residing at No. 4, Caroline-place, Deptford. The prosecutor refuted when the prisoner was first brought up, to be sworn, as he was adverse to publicity being giv,n to the ease; he was inflexible in this determi nation, and the prisoner was remanded, the magistrate giving prosecutor to understand that if after considering the matter he should still object to give evidence a munnums would be issued against him. A communication was sub sequently made to the magistrate to the effect that there was no chance of prosecutor attending, and a summons which now brought hint up was served upon him by Whipp, 86 1), oat of the officers attached to the court. Prosecutor, on being sworn, said—On Thursday night week I came up by train from Chatham to Deptford, where I met with the prisoner and another female • we all drank together, and then went to the theatr e. Upon quitting there we drank again, and I got very drunk. I told the ladle, I would give them a trip to Liverpool, and called a cab in which we were driven to the Euston station. I had in my pocket two notes of 1001. each and one for 501. • as I was in so bad a , state I could not get change for the 601. note at the station, ' and on the cabman being informed of the dilemma I was I n he said I could easily get change at Ben Caunt's in St. Martin's-lane. We went there, and I offered to Caunt the 501. note, but he would neither change it nor give it me beck. I remained there fur a short time, and, prior to my quitting, I left with him, in addition to the 601. note, the two for 1001. each. We all went back to Deptford, and the next morning I went to Comet, who gave me back, upon my demanding it, the 2501. of mine which he had in his hands. We had several bottles of champagne, and Caunt talked about racing matters, fighting, *ie. I lest with Caunt the 601. note, and the cabman drove me and the females to the railway station, Euston-square. I there gave to the prisoner a 1001. note to pay for tickets for all of us to Liverpool, as I had promised the ladies a trip to that place. She (prisoner) shortly afterwards came back with the information that she could not get change for the note in question, and asked me if I had not one by me of smaller amount. I replied that I had not, and requested that she would restore to me the 1001. note. She said it was not in her possession, but that she would go back for it to the railway-station, when she had left it. She left me, bat did not return, and I saw nothing more of her until Sunday night, when I ascertained where she lodged, and I called upon her at her apartments in Deptford. I asked her what she had done with the 1001. note, when she said that she got it cashed at the Bank of England, where she received sovereigns for it, and that she had tither lost the whole of the money or it had been stolen from her. He then gave her into the custody of police constable 210 it. The officer alluded to said that prisoner told him that her belief was that some person must have taken the sovereigns out of her pocket. A cleric from the Bank of England deposed to hie having cashed the 1001. note, which was presented by phonon. The prisoner, who had nothing more to say than that prosecutor gave her the 1001. note to get changed, was fully committed for trial. THE MILITIA. (ISOM LAST NIOHT'S OAZSTTI.) The following commissions have been signed: William Francis Wheble, gent., to be lieutenant in the Ral Berke Militia. henry Hannier Leyeester, gent., to be lieutenant in ditto. Robert Stuart, Esq., late captain in the 7th Royal Fusi liers, to be captain in the Warwickshire/40We. Neale Porter, gent., to be lieutenant in ditto. Frederick Morton Eden, to be lieutenant, vice Brown, resigned, in the Oxfordshire Regiment of Militia. Hastings Sands, Esq. ' late captain lit Dragoon Guards, to be captain in the Dorset Regiment of Militia. Charles Littlebales, Esq., late captain 73rd Foot, to be captain in ditto. John Hill, Esq., late captain 30th Foot, to be captain in ditto. dney Davis, gent., to be ensign in ditto. Sydney D.v. gent., to be ensign in ditto. Frederick Charles Henning, gent., to be ensign is ditto. NEW DEPUTY LIEUTENANT. Joseph Henry IlsdsoO,Esq: SIGNS 0? THE TIMES.—At the let of several farms on the &afield estites, which took place on Saturday week, one was let at a rise of 401. on the present rental, another at an advance of 201., and all tae rest at a propor tionate increase.—Elgin Coeusir. THE LONDON ORPHAN ASYLUM, CLAYTON- I The annual festival of the subscribers was held last night at the London Tavern, Bishopsgate-street, the Earl of HAIIROWIIT in the chair—his lordship being sup ported by Alderman Thompson, M P. ; Alderman Salo ! mons. Mr. Sheriff Carter, Mr. Henry Nun'll, the Rev. C. Mackenzie, the Rev. Dr. Beattie, the Rev. Thomas Jackson, Mr. T. Heakey, die., de. The report for the present year stated that since the g 1 meeting of 1842, 71 children had completed their term and left, 8 had died (1 boy while under the care of his friends), and 67 had been admitted. At the present time, therefore, with the 30 elected on the 24th ult., the entire number under the protection of the institution was 408, making the total number benefited by the charity 2,039. The following legacies hal been left to the charity during the past year, namely, Miss Sehbon. 1,0001. Consuls; trustees of the late Mrs. Anna Maria Ogle 2001.; Mrs. Harriet Dunlop, 2701. Consuls; Th omas Dic kinson, Esq., 1.0001. ; and executors of the late Earl of Oxford, 3331.65. 8.1.: total, 2,8031. 6e. Bd. It had been found ne emery to enlarge the asylum by additions to the chapel, the boys' school room, dining room, and dormitory, as well ise by the erection of a new infirmary, more commodious and in a better position than the old one—an improvement which recent occurrences had abundantly justified. These buildiugs will be completed in the course of the present year. The noble CHAIRMAN (having given the usual loyal toasts), proposed " The Army and the Navy." Really they must be very old fashioned people to have such a toast as that upon their list. (" Hear, hear," and laughter.) When the Manchester men should have diabandtel their City police, and should be contest to sleep with their doors unlocked and their windows unbarred, then they might, with some show of grace, come forward and propose the abolition of our national defences. (Loud cheers.) Of all the impostures that had ever been attempted to be prac tised upon men of common sense, this last of the Peace Society was the grossest ; for, to suppose that any man of bit Mess would grudge a little expense for the insurance of his property, was the greatest fallacy that could be con ceived. (lit ar, hear.) But they would find that they had made a great mistake ; for be was cunviuced that at every social meeting the toast of " the Army and Navy" would be given and drunk with greater enthusiasm than ever. (Loud cheers.) The children were then introduced into the room for the inspection of the company ; and they elicited great admi ration by their healthy sad intaigent looks. The 3101)14. CHAIRMAN then begged to propose, " Prospe rity to the London Orphan Asylum." The health, of the noble ettErtuan, the presidents and vice presidents, the visitors, the honorary secretaries, the medical officers, the ladies aubscritting, the board of ma nagers, aud the stewards, were also drunk; and subscrip tions amounting to nearly 1,2501., including a donation of 100 guineas from the Goldsmiths' Company, 1001. from the Grocers' Company, 301. from the present Duke of Welling ton, and 20 guineas from the Clothmakers Company, were announced. The stockbrokers' list amounted to 3611. 45., and the sum contributed by former pupils of the institution was 100 guineas. The " lion " of the evening was a beautiful marble statue called " Spring," by Mr. Miller, a former pupil of the Asylum. It is a semi-nude female figure with her arm raised, and supporting two doves. The composition is ex ceedingly graceful, and the arrangement of the drapery displays much skill and originality. The general execution deserves the highest praise. Mr. Miller was the artist of the clever group, " The Orphans," shown in the Great Exhibition; and the council of the Institution having commissioned him to execute it in marble fur their board-room, have recently presented the model to the Institution at Wanstead. MARKETS. br. PETERSBURG, Jaw. 29. London letters of the 21st January received. Bristles : mostly nominal, nothing having been done for some time. Corn : 6,000 chets. Russian . 9.15 to 20 lb. ; wheat, for August delivery, taken pd a ' at 231 to 24i ro., with hand money. Deals: without transactions. Fits:: 400 to 500 tons, at 120, 105 and 95 ro. cash, have been taken of best dealers, who now hold fur an advance; and a parcel of about 125 tons good minor dealers', with a large proportion of 12-head, at 115. 105, and 90 ro.: of tow, 1,000 pds. Ist sort, and 1,000 pds. 2nd, taken of Ardomatoky, at 81 sad 71 ro. cash, and 250 tons of his Coding, at 34 and 35 to. Hemp : steady, with little doing; 80 tons clean, and 50 tons half clean, de liverable on the opening of the navigation, taken at 93 and 801 to. 10 ro. down ; and 50 tons fine clean, for usual delivery, at 86 ro. cash. Linseed: a few thousand chets. Mordsansk, for July and August delivery, done at 261 to 27 ro. with ' , hand money. Tallow : uuil, with sellers ; during the week I about 800 to 1,000 casks taken for August, at 130 ro., 10 ro. down, principally by Russians. N.B.—ln a dditi on t o th e I stocks wintering in the warehouses, there are, this year, in second hands (detained by the sudden closing of trio navi gation), about 11,000 pds. 12 head, 58,800 pds. 9-head, and 16,500 pds. 6.lsead fie:, and 13,600 pis. tow and codilla ; about 31,009 pds. hemp (of which 27,000 pds. Clean) ; and ' about 4,000 casks tallow : all again: little or nothing last year. Exchanges : London, 3 ans., 39 1-16 to 381 per s. ro. ; Amsterdam, 3 ms., 1921 to 192 per 1. ro. ; Hamburg, 3 me., 311 to 1 per s. to. ; Paris, 3 ins., 404 to 406 per s. to. COTTON.—LtvanrooL, Fon.B.—The sales to-day are estimated at 5,000 bales, and comprise about 4,000 Ameri can (1.000 on speculation and 500 for export); 110 Pernam and Maranhsm, 6,td. ; 200 Egyptian, 61d. to 9d.; 300 Surat 41. to 41d. • 40 Sea Islands, 20d. to 21d. Imports einoe Thuraday, 60,900 balm. The market closes tamely, with much offering ; but while the tightness of Saturday is gone, no change on th e quotations of that day is reported. MANCHESTER, Faa. B.—There is considerably less busi nets in our market to-day than on Tuesday last. Full I prices are asked fur both yarns and cloths, but without any inclination to business on the part of buyers, and the tone of the market is decidedly tamer. One cause of this is the impression, which every day gain strength, that the Bank of England will find it necessary to further advance the minimum rate of discounts ; and another is the rumour by the Arabia's advice, from the United States, that prices of cotton will be carried higher through speculative pur chases or any material falling off in receipts. The receipts to the 27th ult. were 1,719,845 baler,still keeping in advance of those to the same time last year by more than 400,000. The last week', receipts had been 126,000 bales. The busi ness to-day has run upon much the same descriptions of Karns and cloths as it did last week, but the amount of sales as been comparatively limited. WOOLLEN CLOTH.— LILDB, Fan. B.—There has been a foggy, dark morning, and only a limited number of merchants attended the cloth-halls; there has, conse quently, been a dull market, and only an indifferent busi nets has been done. WOOLS.—BUDDIRSPIELD, Feb. B.—We an tolerably busy in the Wool trade, and much anxiety is felt respecting the approaching sales, as it is thought that another advance would seriously interfere with our present prospects. MANUFACTURES.—HUDDERBFIELD, Feb. B.—The demand for nearly all descriptions of manufactured goods continues yet very brisk, and the supply, particularly of low goods, still falls short of the demand. Orders would be given in many instances if former price, could be taken, but manufacti.ren are unable to get their goods up without a slight advance. CORN.-11ma., Feb. B.—Arrivals have been only mode rate during the put week, and the bulk of the Wheat does not come on the market. There has been more tone ob servable both here and at neighbouring markets, but the amount of business is only limited. We era moderately supplied with Wheat to-day from our own farmers, and a very small show of foreign. Fresh English Wheat was in good request at fully last week's prices, but any thing out of undition was neglected, and unfor tunately this forms the bulk of the supply. A little more activity in foreign Wheats from granary. Only a limited sale for Barley, without alteration in price. Beaus and Peas go off for consumption, and are in limited supply. The market is bare of Egyptians. The Linseed market is quieter than of late, and inferior qualities may be bought a trifle lower. There has bren a good business passing in Linseed Cakes during the week, and the market is very firm. We hear of no transactions in Rapeseed, and Rape Cakes only go off in retail feeding purposes. Bones fully as dear. Leans, Fur. B.—We bay* a good show of Wheat to this day's market ; there is a firmer feeling in the trade, with more passing, and Friday's rates are fully sup ported. Barley steady. The sale for oats and beans is very limited; prices as before. Other articles unaltered. Arrivals this week:—Wheat 6,164; Oats, 186; Barley, 1,744; Beans, 699; Peas, 34; Flour 8; Rapeseed, 1,068. . . . lAvaaroot., Fee. B.—This week's import note shows liberal quantities of wheat, oats, flour, and oatmeal. The exports comprise 6,370 qrs. wheat, 2,036 brie. and 848 seeks of floor, 2,164 loads of oatmeal, teal 1,400 qrs. of Indian corn. Though the transactions in grain and floor during the week have beea moderate, the prices of Tuesday have been pretty well sustained and the downward tendency would appear to be arrested. As regards the leading art,- eks, the decline from the highest point in December is about 9d. to 10d. per bushel on wheat, and 41. per barrel and sack on flour. At our Corn Exchange this morning there was • goodly attendance of millers and dealers, with more general buying than for mail weeks. In the chief transactions wheat improved Id. per bushel, and American flour 6d. per barrel, over last Tuesday. Oats maintained late value, and oatmeal recovered 6d. per load of she recent decline. Indian corn moved only in retail quantities at last week's prices. Barley, beans, and peas were unaltered in value, aad slack in demand. LYNN. Feb. B.—There has been much leas Wheat at market to-day, and but a moderate supply of Barley; prices of both about the same as last week. A good show of Bow and in fair condition. CATTLE.—Rrtorrs, Feb. B.—The supply of Sheep was again very limited. For fat Slurp of all sorts the demand ruled active, and an advar.ee took place on last quotations of 4d. per stone for wetban and 2d. per stone for ewe Mutton. The Beef tradcruled heavy; the value of the best was 4s.:per stone. Although fat Calves were plentiful, the veal trade was brisk, but no advance took place on last week's prices. Small Porkers made 3s. Bd. to 49. per stone of 81bs. Trade was brisk for every description of lean stock, the supply of which was short, and was sold quickly at full prices. The same may be said of store Pigs, which were all disposed of at improved prices. Suckling Calves, 18s. to 245. each. GLASGOW AND DOL7II - WESTERN RAILWAY: Trans for the week ending Feb. 6, 1863 :-4,1391. Is. Id. ; corresponding week In last year, 3,6531. 11s. 84.; increase, 14861.6 e. 64. Prow Ms LONDON OAZETTE.—Thaday, Feb.B. BANKRUPTS. THOMAS BUTLER Erna :WILLIAM MILLER, Henstridge•yillas, St. Johu ; s-wood, builders, to surrender Feb. 18 at 121, and April 1 at 1, at llsainghall-street. Sol., Atkinson, Quallty-court, Chancery-lane; off. aasig., Whitmore, Basingball-street. Salton. E mamma, Deptford, linendraper, Feb. 22, at 2, a -el March 15, at 11, at Basinghall.street. Sole., Depree and Austen, Lawrence-lane, Cheapaide ; off. wig., Edwards, Sambrook-court. Num". BBILTON, Princesatreet, Hanover estuare, tailor, Feb. 17 at 11, and March_l7,_at 12, at Damonball-street. Soh., Lawrence and Co., Old Jewry Chambers; off. aasig., Johnson, Basinghall-street. °ROUGE IIERDEN, Bristol, glass dealer, Feb. 21 and March 21, at 11, at Bristol Court. Sups., James, Birmingham, and Britten, Bristol; off. assig , Button. Bristol. EDWARD HARMS RUDDOCK and HENRY EIIIPON, Brad ford, Yorkshire, marble masons, Feb. 25 and March 18, at 11, at Leeds Court. Sols., Terry and Watson, Bradford, and Caries and Cudworth, Leeds ; off. assig., Freeman, Leeds. EDWARD lIAIIRDI RVDDOCti. Bradford, marblo mason, Feb. 26 and March 19, at 12, at Leeds Court. Sol., Badger, Rotherham ; off. assig., Freeman, Sheffield. ANDREW FRAZER. Newcastle-upon-Tyne, corn merchant, Feb. IS at 11, and March 16 at 12, at Newcastle-upon- Tyne Court. Solo., Pringle and Co., King's-row, lied ford-row, London, and Philipson, Newcutle upon-Tyne ; off. wig., Wakley, Newcastle-upon-Tyne. INSOLVENT PETITIONERS. AT PORTUGAL•I3THEET. J. Munro, St. Helen's-place, Rotherlaithe, licensed beer retailer—J. Clough, Ledder-street, Chelsea, pork hotelier —T. Williams, Union-street, Southwark. hatter—J. Joao lyne, Bermondsey New-road, baiter — F. T. Malabre, Black mars-road, and Silver-street, City, pasteboard Ins manu facturer— S. J. Stevens, Little Wades., Essex, captain in the East India Company's service—J.l'rankenstein, Brigh ton-place. New Kent-road, shipping agent—F. P. Chalu, Gray's-inn- lane, tailor—li.llarriron,Nicholl-square, Hack ney.road, clerk to the Eastern Counties Railway Company —E. Taft, Great Carlisle -street, Edgewsre-road, statuary mason—J. Wheeler Clare-market, Lincoln's-inn- fi eld., haherdasher—R.Goidey, River -terrace, King's.cross, baker —W. Moody, Unian-place, Pimlico—Juliana Benton, New road, Wand.worth, licensed retailer of beer—T. Cross, Aldermanbury, City, shirt collar manufacturer—A. Bernal, Prospect-place, Hackney-road, dealer in china—J. Hub bard, Foxe's-lane, Shadwell, broom maker—W. I). Steevens, Hart-street, Covent.garden, publican—J. W. Sheppard, East-street, Walworth, butcher—W. M. Clark, Hall-street, City-road, general merchant—T. O'Connor, New Church street, Liason-grove, boot maker—C. Smith, Sheffield-street, Clare-marker, foreman to a meat salesman—J. W. Rogers, Essex-street, Strand, civil engineer—St. J. W. Coffey, Gloucester-place, Portman-square, clerk in tho Custom house—T. Fowler, sen., Fleet-lane, City, bread and biscuit baker—H. Hobbs, Moscow-road, Bayswater, boot and shoe maker—J. Brown, Wimbledon-common, Surrey, retailer of beer — J. Waldron, Upper Thames-street, City, and Brew er's-lane and Kennet's-wharf, Upper Thames-street, basket rod dealer—P. 8. Campbell, Free School-street, Horsley down, cheesemonger—J. Summers, Acton-street and Ashby cottage, Gray's-inn.road, carpenter—W. Platt, Beaufort buildarogs, Strand, goldsmith. DECLARATION OF DIVIDENDS. SILVIS BAK1; iNOIONIiOOD 1, FtllCilll;sl7ltiret, City, and George Towu, Demerara, B. itish Guiana, civil engineer —lst div. of ls. 2d., Feb. 10 and three sub sequent Thus days, at Stansfeld's, Basingball-street. GEOUGE DICK rms. Drummond-etreet, Boston-squire, clerk in the General Post-office-3rd div. of 44., Feb. 10 and . three subsequent Thursdays, at Statuteid : a, Basingball streel. WILLIAM OLDROYD, York-terrace, Albany-road, Camber well, clerk in Her Majesty's Customs-2nd div. of le., Feb. 10 ant three subsequent Thursdays, at Statuteid's, Basiaghall-street. SAMURL BOYLE, Fenton, Staffordshire, manufacturer of china—let div. of 54, any Thursday, at Whitmore's, Bir mingham. RICHARD EMINSON, Grantham, Lincolnshire, scrivener 2ad div. of 111 d., on Friday and Saturday next, at Bit tlemon'e, Nottingham. SAMUEL OROOCuCK, Leicester, hosier-Ist div. of Is. 104., on Friday and Saturday next, at Bittleston's, Notting ham. HENRY GLADWIN, Nottingham, draper—let div. of 3s. IJ., on Friday and Saturday Lest, at Bittleston's, Nottingham. FREDERICK. HOLROYD, Leeds, Yorkshire, twine spinner -Ist div. of le. Cid., Feb. 7 and any subsequent Monday or Tuesday, at Hope's, Leeds. JOSHUA MirrcaLrE, New Mahon, Yorkshire, corn mer chant-2nd and final div. of Is. 74d., Fcb. 7 and any sub sequent Monday and Tuesday, at Hope's, Leeds. JOSIPH WINTERDOTTOM, Huddersfield, Yorkshire, spin ner—lst div. of 3e. 4d., Feb. 7 and any subsequent Mon day and Tuesday, at Hope's, Leeds. JOAEPH ARIEITAOR, Marsden, Yorkshire, woollen cloth manufacturers-Ist div. of 11d., Feb. 7 and any subse quent Monday and Tuesday, at Hope's, Leeds. MARY HARTLEY and HENRY HARTLEY, Halifax, York shire. stationers—let div. of 3s. 9d., Feb. 7 and any sub sequent Monday and Tuesday, at Hope's, Leeds. DIVIDENDS.—March 1. T. W. Richards, Goswell road, linen draper—March 1. C. S. T. Walker, Oxford street, artificial florist—March 1. R. Lee, R. J B y, F. Farr, and G. Lee, Lombard-street, City, bankers— March 1. W. J. Dunkley, West Haddon, Northampton shire, cattlo dealer—Feb. 19. W. R. Hill Birmingham, silversmith—March 4. 1. Orrell, Hulcliffe, Lancashire, cotton manufacturer. CERTIFICATES to be granted, unless cause be shown to the contrary, on the day of meeting. March 3. R. Mitchell, Walthametow, Essex, baker— March 1. T. Corby, Lower Eaton-street, Pimlico, builuer —March 2. C. R hodes, Terrace, Kensington, milliner— March 4. G. Fielder, Dobcross.in-Saddleworth, Yorkshire, woolstapler—March 2. I. Atkinson, Kingeton-upon-Bull, seed crusher. PARTNERSHIPS DISSOLVED. T. Evans and W. Clint, Liverpool, ship bread bakers— J. Pearson, seta., J. Pestrson, jun., and J. Grayson, Leeds, Yorkshire, woollen manufacturers—H. Cohen and 0. Cohen, Liverpool, tailors—C. Jacobs and Harriet Elmer, Cambridge, drapers—H. Dawson and W. Dawson, Preston, Lancashire, cotton spinners—G. Duncan, A. Hutton, and C. Thomas, Chelsea Wharf, Chelsea, coopers—J. T. John son and W. G. Johnson, Bishop's Stortford, Hertfordshire, linen drapers—T. Thompson, B. J. Thompson, and J. Thompson, Kingston-upon-Hull, merchants, so far as regards T. Thompson—H. M. Richardson and G. Marsland, Bolton-le-Moors, Lancashire, attorneys—J. Morton and W. Butler, Doncaster, Yorkshire, contractors—W. Cory, sen., W. Cory, jun., and R. Cory, New Barge House Wharf, Commercial-road, Lambeth, coal merchants, so far as regards W. Cory, sen.—J. Tuostall and J. Hudson, Bootle Village, near Liverpool, manufacturing chemists—T. Sal mon and G. Dibley, High-row, Knightsbridge, iron bed stead manufacturers—R. Ashworth and P. Whitehead, Rochdale, Lancashire, engineers—J. Blunden and S. Mel huish, Twig Folly Wharf, Bethnal Green, coal mer chants—Susannah Clark, Emma Su.sonah Clark, and T. Clark, Vigo-street, Regent-street, perfumers, sio'far as regards T. Clark--J. Williams and G. Stephens, Bloekley, Worcestershire, millers—C. Phenix, M. Parr, and J. Ed wards, Ruabon, Denbighshire, common brewers—W. Hel liwell and J. Nomad, Kitson Wood or Higher Lydgate Mill, Halifax, Yorkshire, cotton spinners—H. S. Clubb sad J. J. Croft, Whit-lane Works, Pendleton, Lancashire, snarled wool manufacturers—J. Fowler and S. Walton, Macclesfield, Cheshire, silk manufacturers—Joseph Stars sliffe and John Stancliffe, Mirfield, Yorkshire, and Sutton, Cheshire, common brewers—W. Allen and G. Webb, 011 M-street, Vauxhall, hook and eye manufacturers— W. Harris and J. Brewster. Barnsbury-place, Islington, tailors—M. Collins and J. P. Waters, Lowndes-terraeo, Knightsbridge, linen drapers—W. Saunders and R. Saun ders, North Cave, Yorkshire, blacksmiths—H. Garne sad W. Underwood, Aldersgate-street, City, dqsalters—B. Morgan and S. J. Bird, Weston, Somersetshire, common brewers—C. T. Rosenberg and J. W. Pusey, Strand, Lon don, lithographers—S. Collins and T. Cheaters, Ardwick, Lancashire, common brewers—W. Stubbs and .1. Bird, Henley, Staffordshire, figure manufacturers—W. Tait and W. Craven, silk mercers. SCOTCH SEQUESTRATIONS. Jenne ROBEIVISON. Glasgow, cotton spinner, Feb. 14 and March 7, at the London Temperance Hotel, Glasgow. Jost( RtivularentD, Jedburgh, merchant, Feb. 12 and March 14, at the Spread Eagle Inn, Jedburgh. DAILY WEATHER TABLE. WEDNESDAY, FElllittlAßT 9, 1853. The data of the Weather et each of the following places at Nine o'clock yesterday morning. The stations are arranged is order of latitude. HASTINGS—S.B.. Gentle Breeze; Overcast. SOUTHAXPTON—N.E. ; Gentle Breese; Foggy. FOLKESTONE—S. ; Fresh Breeze; Overcast. TUNBRIDGE—B..; Btrong Breeze ; Overcast. Gazmrwicn-8.13. ; Gentle Breeze ; Overcast. erarion—S.E. ; Gentle Br ; Overcast. Bwlrtnott—S.B. . • Gentle Breeze ; Partially Cloudy. LEIONTON-8.8.E. ; Gentle Breeze ; Cloudy. CAXERIDOII—S.E. ; Gentle Breeze ; Cloudy. The returns from the following places did not reach this °Mee in time for pabliestiea yesterday; they therefore bulicate the state of the weather on Monday morning at nine o'clock : BASINGSTOKE—W.• Gentle Breeze ; Partially Cloudy. LANCASTEU-8.; Gentle Breeze: Foggy. ; Gentle Breese ; Overcast. DARLINGTON—B. by W. ; Gentle Breeze ; Overcast — Light Snow. Smkr —N. ; Calm; Overcast—Snow on the ground. THIS DAT, Noow. Orono of WIN. IPtomcat of wilid. Moto of tb• Weather. li Gentle Breese. LOYALTY OF THE RISING GENERATION.—By way of keeping up a wholesome spirit of loyalty in the rising generation, it is customary at all our public schools to ob serve the thirtieth of January, the anniversary of the mar tyrdom of Charles, by giving the boys a holiday. We have no doubt the intention is to cheri.h a love for monarchy in the youthful mind, by making a sort of solemnity of the day of the execution of the unfortunate Charles ; but we fear the purpose is not answered, fur the only observa tion we ever heard made upon the subject was a youth, who exclaimed," To-morrow's a holiday for the martyr dom of Charles! Oh! how jolly it would have been if all the kings bad been beheaded :"—Ptusch. SHIPPING INTELLIGENCE -- SEABORNE MAILS. sloilles that the mauls are '•nt Ram ta. Grarral Pat-offy by du, ItKbt—sad K by the taormihty—deepatthA .. _. Day flea made.; I Pry what ( When COUNTRIES. la Omani Feet PIK due M ow * imadoet, I despite:id. England. ------- -----.. i lltt.yee s k i tt si N Every Friday Liverpool ..... . EashMon packet l ll Feb. :4 Liverpool Feb. 16 Aseerka(byU.Stateaphin Feb. 11 Soutbampton Feb. 26 Auftrallmvia Ihetbeasp toss) N (ii of Hsieh tlouthamptoe.Veb. 4 Ditto(via Mareedlles) Mello( Imrsh Dover lEtto (via Cape*? Good' Hope) ..... l4 12ed of February . Plymouth ... Horeb 24 Vries ( Wert " aest) N 1.44 of Me tweet. flyer out, . Feb. 12 Veltsadela N 1,9,21,24 30of so. ft.ver Feb. 16 A'exaadria N 1 l'./f i . 4 , -two.% Soothes /toe. Feb. 20 Bahamas N tad of the month ...a:Lamp...G. 'et ot mo. Belglaat — N mil) , , sorer . . Gaup limmil X Mt of the noathl aanthamplen. Feb. 16 osenos Ayres 24 4th et the mon th ~ ,a thalentor.. Feb. 16 caw 0100 0 d Done w 14th of the month , Plymouth ... Feb. 26 Cape of Clod Hope l4 2nd of April .... :Plymouth .. Ranh 26 Cape de Verdi N I 4UI of toe mout . t. , Plymouth ..• Feb. n Ceylon (eft India) I Ceylou t: i tth of the raontt P:rnouth .. Fcb. 26 ....na.inel his. , blem,Hol.,&Fri.l I it.uthumptou. Tn.Th...t lOoi le sailltil7ll.l nt • oteliouttunimon. Feb. lb Chins (see Indi4) flowetant ,, ,!.. 't 7, 4 .17,21,5:270t m.l 'laver Clastantittople M ithtiana a. n • aahy uoatkamptot Feb. 21/ Pont. o! Europe 11 & N rwiee daily Egypt (see India) Enact 21 & t twice daily Gibraltar ... ... .... 21 1,7, 17,20,27 of m. 4 ontharaptea 0r.«,.. (see India) Oreytown ld Ine&llthetnnutbl 4, •tehasnutav Feb. 16 Hamburg it I eadm It Fri.lm I Logdon Havannah P4 ind , f the rtotrl i douthartmtoo. Smell 1 datm@ lt Vedas& & Putt ! lambs tlondurat 2l 17th of the meal ' ~.nsor.• ••• Feb. 16 1116:11', , b180lIthaLtlyt.) 7* 4t0.1:27th of immtl ;4ou . thatapton. Feb. 20 144 a (Ms Manville. !d .ttislt th of moat/ rover ... ... Fab. 16 lonian Iles (bee ladia, e. brit ....... ........as at ~ Nice daily .. . 1 34 r 7 ww 1 • Twtee da. LGbon N 7, n, 17. &27 of 171 iuethatapton . . Vib.l6 Haleira ............. N Woof the month.. . d Act a.... on. Feb. 16 Madeira '4 23rd of the monthillymouth ... VtL. 12 Meta (U.S Ladle) Malta N 7,17,19, l 711: 30 of nil !)imer Mauritius (see India) . . 11auriUe5...—...........14 14th of the montb' F.ymouth 1itaie0.......--.-......11 Led of the month ,50a1....e eta.- IFt of ma Stale. .........P I..^.l2:llsthotnare , , over ...... • Feb. It New availed* .........111 :tblia , te.Aoowt , *natl.-, men Feb. 14 New failead —............ By private AM .. IV.uions parts Pawn= Papal Ibletes ........—.E ab F.tll22thof mor ID. tar Fete. 12 fetitneels —............2' %St vin27Plat rot! voulhasnotm.. Feb. 16 Pam ~ . . ~...---- 7 , hod & 27th of mo.leantbanantoz. Feb. 16 Port N a tal .... ..... l4 14th of the month' Plymouth ... Feb. 26 Melly '4 ,thlata2s ... , :m.: Drover .... .. Feb. 12 Putemey r. ith Ittb23thof In, r. itner Veneatatli 2l lad&I /thehemt V Ithanthanapton. Feb. 16 Van Diemen'. Land (ea Australia) Root ladle, 11: hellbl7thotteontb -,nv.l.J•e•-••••,. Feb. 16 CASUALTIES. Berkeley, of London, Ives, from Trieste to Liverpool, hav ing carried away her mainyard and sail iu a severe oda at N.H., bore up for this port, and on her entering struck upon the rocks, broke her ruddcr, and was driven on shore on the opposite coat, where she lies ; she is making much water, and must be discharged to be got of, and repair, cargo expected to be saved.—Cadiz, Jan. 29. Pearl, Pitt, from Cuba to Swansea, was going into Nunn, making three inches water per hour, and with her crew sick. ARRIVED. ADDitl-it Gravesend, February 8, from Bt. Michael's Are olio, -ulf Falmouth. Feb. 7, from ATLAS-at Liverpool, February 8, from New Orleans Aos-OF Liverpool, February 8, from New Orleans R AAAAA OldA -at Liverpol, February 8, from Constantinople .. lusiotown, February 6, from Mauritius it Liverpool, February 8, from New Orleans at Liverpool, February 1, from New OTIPCLIMI t Gravegend, February 8, from Denmark DsLavaarr-at Liverpool. Feb. 8. from bears-at Liverpool, February 8, from... Tr.ests Evsone-at Liverpool, February 8, from. St.Johee, N.B. Buse-at Liverpool, February 8, from Akiandris Lorne--at Liverpool, February 8, from 'few Orleans EIIILY-at Grareeran, February 7, from Villavleiosa Goixores-st Gravesend, February 8, from Mauritius Monne Aunts-at Gravesend, Feb. 7, from Norway Ileum Lumosav-at Graveeend, February 8, from Chins linirrittlii IT Stuosta-at Liverpool. Feb. 8, from ....... Nantes Jonas N. Cuorea-at Liverpool, February 8, from... New Orleans Kinn.worni -at Gravesend, February 8, from Madras llasosase--off Pill, February 7, from Mamie MICICVIIT-at Gravesend, Feb. 8, from. Bordeaux MAST Ann-at Groves:ad, February 8, from Clrarents Moatue-011 Liverpool, February 8, front Fernambries Oentor-at Liverpool, February 8, from Mobile Pazsomorr-at Liverpool, February 8, from Mobil* ReELPINA GlLlAlibltia- at Liverpool, February 8, 11 . 0171AMIterthall Ito:move-at liven:end, Vebruury 8, from ':cotes Taarertalux-at Liverpool, February 8, from Nantes Vermanix-at Liverpool, February 8, from Nantes Vivoi-at Gravesend, February 8, from Mauritius Waimea-at kill, February 7, from ic7):l;;A — L at ~;:~.~.- BAIL It D. Aria—from Portsmouth, February 7, t 0.......... Loud= ALLANDAM—from Gravesend, ,Feb. 8, to Sydney AGLOW—from Grange:ld, February 8, to Honduras Aim Leo MA I IA-11.am Gravesend, February lt, to --Sydney OCIRIMIII DIAMOND—I/OM Liverpool, Feb. 8, to Corfu Ceinearos—from Liverpool, February 8, to New York CILAMPLAIX —from LITOTOODI, February 8, to New Orleans CALWORNIA—from Plymouth, February 7, to Boston, U.S. MUT Curie—from Liverpool, February I, to. Melbourne ELIZA ARID Maur—from Liverpool, February 8, to. I.'4rue:a ELLANA—from Liverpool, Feb. 8, to Smyrna ELIM PAC/MT—from Queenstown, Feb. r,, to London YATOVIUTI—from Liverpool, February 8, to ht. 'Thomas Finer—from Liverpool. February 8, to Oren FAVOIMITR—from Uraveeend, Feb. 8, to Alps Bay HAMOMAL—from Gravesend, February 8, to Hoag Kw( Hl:WON—from Liverpool, Feb. 8, to New York Iry Gam, -from Liverpool, February 8, to Alexandria late—from Liverpool, Febrnary 8, to Mara:mak JOLIAN —from Liven:Kral, February 8, to Malaga Lanese—from !Gravesend, February 8, to Bombay LOOSIITAINK —4WD Gravesend, February 8, to Goole inba Namur— from Dartmouth, February 7, to es odor' Parewa—fran Liverpool, February 8, to Constantinple Tabourer Veasetrreass—fro m Gravesend, February 8, to P. Phillip (Arline or nee Weir—from Liverpool, February 8, to.. New York FAOlXA—from Liverpool, February 8, to M. Video Berne—from Queenstown, February 6, W... .... .11t. John's, Nfld. Sanas Femora—truce Graverve4d, February 8. to Averse= Geoatrrea—from Liverpool, Feb. 8. to Huancbaoa WAMMAII—from Bristol, February 8, to San Freneireo We. EDWARD—from Liverpool, Feb 8, to kilo Janeiro WATARWITCII trom Gravesend, February 8, to Mogadore WA/IMMlX—from °reverend, February 8, to .......... .."..•.qdr.ey VESSELS SPOKEN WITH. Bideton (ship), of and from Liverpool for Modem (with railway iron) Jan.. 9, lat. 46.50 N., lon. 14.13, having, in Mis hurricsne of the 26th of December, carried away foretopolast and maintopgallank. mast, and strained the upper work., so that the seams were quite open. The captain intend, dto pro ceed for Lisbon. Birkenhead (ship), bound west, Jan. 27, lat. 42.30 N., lon. 16.45 W. Concordia, for Monte Video, Jan. 5, lat. 13 0., lon. 32 W. City of Glasgow (a ), bound went, Jan. 20, lat. .8, lon. 31. Forest King, from New (Mesas to Liverpool, Jas. WI, off Cape Clear. General holdall', from Liverpool to Charleston, Feb. 2, off Cork. liken Lindsay, from Bombay for London, Nov. 25, tat. 01 S., lon. :9 E. Hibern/t(ship). It'Loughlan, from Bombay for Liverpool, 1:0 days, Jan. an, lat. 43.20 N. ion. fay I W. Lisboa, of M. John, tra m Manilla 110 days; intended to call et the Cape, Dee. 3, lat. 33.29 8., lon. 21. 4 E. Morrison', from Africa for London, Jan. 31, lat. 48 N., lon. 14 W. 6h .ckaniason, West, from Liverpool for Australia, Nov. 20, lat. :0, lon. 27. William Carson, for London, Jan. 9, lat. 34 N., lon. 77 W. Victoria, Jan. 38, off Gibraltar. [Advertisement.]—HoLtow.tY's PILLS FOR THE ethlit Or ASIIIMAIIC ( . 01:0114, AND ALL Di 'lll OP TIII CHUT A.YeD LUNG6.—A gentleman named Middleton, of roitland.road, Liverpool. state• in a letter to Proleraor Holloway, dated Jan. I, 1613, that for npwar,4 of are years he suffered severely from asthma, attended with ■ violent cough, which io prostrated his strength, and debili tated his constitution, si totally to unfit him for any of the actvw duties of life. He sas attended by the mod eminent medical men. but all failed to give him relief. At length he tried Holloway's Fills. and in about three months this wondcrlul medicine effec.ed ■ perfect cure of his disease, and restoicil him to sound health.—Sold by all druggists ; sad at l'rofemor Holloway's estatilishaarnt, 244, Strand. London. BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. BONE.—Eeb. 4, at Ken.ingtes.gcs, Hyde-park, the wile of E. A: Bone, E.q., of a daughter. DAVIES.—t eh. 6, it Marine-square, Brishtov, the wife of the Bee. 8. B. Davie., of a eon. ELLI&—Ycb. 5, at - the wife of F. C. Ella, Yeq., of * 000. ENNISKILLEN.—Feb. 4, at haton.iduce, the Countess of El:Gie. klden, of a daughter. FOUNTAINE. Feb. 0, at Narford Hall, Norfolk, the wife of A. Fouw.alne, Eq., of a daughter. 110SKINIL—Feb. 5, at Hinton SL George, Yeovil, the wife of 11. W. Hosting, Beg., of a son. LINGARU.—Ft b. 7, at Folkestone, Kent, the wife of R. B. M. Lin. gird, Esq.. of a son. PRIOR.—Feh. 5, at Teigninoutb, Devonshire, the wife of the Etv..l. L. Prior, of a son. 13N ELOROV IL—Feb. e, at Calton-villas, Maids-vale, the wile of Mr. J. anelgrove, of a son. VICKLIAY.—Feb. 6, the wife of F. Vickery, Esq., of IVettbeurces park-road, of a daughter. MARRIAGES. CAISTOR—WMEBLER.—Feb. 5, at St. Mark's, Sarbrton, by the )ter. J. W. Buckley, Incumbent of St. Mary's, Paddington, W. Y. Candor, Bari., of O. andsaurth, to Anne, third daughter of the late J. Whei tee, EN., of Prestwich. klancht.tcr. IIEADFURT—MACNAGHTEN.—Feb. S. at St. James's, by the Dean of Ripon, the Marquis of llsodlort, K. P., to Frances, widow el the late W.ll. Macaaghten, Bart., late Lamy Extraordinary at the Court of Shah Sol M. MACAU LAI' 7 LE KSCOUTE.—Jan, 4, at St. Thomas's and Bete. Title, Canada Nat, the Rey. Macaulay, Rector of hecua„ to Charlotte &rub, second daughter of the late Capt. H. Le Vol. , route, R.N., formerly of Meidencumbe, near Torquay. YEABURN—oxtionocon.— reb. 5, at the Holy Trinity ('Lurch, Weetbourne.terrace, by Archdeacon Burney, Mr. J. Mraturn, 01 Greenwich, to Heater Georgian*, youngee. daughter of W. rough, Esq., lute of Ca.ct:tta. DEATHS. ,EBUTIIMOT.—Yeb. 5, Augusta, wife of G. Arbutbnot, Naq., of Twickenham, aged IRIDOLAND.—Feb. 6, at Aldinaton, Thurnbant, near Maidstone, Barak wife of Mr. T. Pridglaad, Jun., of Maidatone. AVlB.—Feb. 5, at Poruaud•place, Henrietta, relict of the late D. Davis, Eq., aged MO. EVY.--Teb. 5, at Finabury.aquare, Elizabeth. widow of the late A. Levy, Esq., aged 66. 1188ETT.— Feb. 5, at Torquay, Jane, second daughter of the late 0. Nisbett, Y..., of Cairabill, lAnarkshwe. 'A OLET.—Feb. S, at lb. Viesttge, NeUabourne, Wartrieltabir% &neat Ingoldsby, son el Lord C. runlet, aged la months.. Printed sad published by W ILu KIPP lleLeu rd No. 8, Lombard. strsat. la the ao id Leaden. Printer, at the Ones. in Lostbsed• street. la the we .1 al Vailtetrisru WEDSSIIIAT, too • • Of Weis