The Express. — London, England, 1852-06-04 00:00:00

ifgatn initlitritatt. SO/ANSA CIACVITS Of Till NOG'S. NM. NoSTUARA a SCUT. d Teatraday Lard Mlle JaiIOW Campion sad Yr. Jodie. Aidham' 19. ogorplo lot h0L11.4 the eahols. &BMW Arise for the erverol wealtra, anat., aM towns eisprind la, than dierau ma 104 INlSSlMlll&—eabarbig, Jab IS, st ths ONO riTatk. c n v Sam —The mei day, at Ilte OINIINA NUN alty al Tat. Pt as or. adurdAy, /sly 13, at Durban'. Ammo vialatalsa. —Thartrtry. July 111, at Itarreselle-asTiad. Warr Lab 4:ot WC or Sawcarta.—TM eras day, al UN time ib Cl m• gm SIAM. —l4edtty, Aortal I. it Ora ONO. at Cartida, amarataser --tbaraday. Aufrott 1, at Notnaraa Drumm as Lawcamaraa.—At Ai t ei raidle d Idsoatar, IlaNdar. Await 1. &alums Amami or Lamedmaa.—At lAversord, Wedrardlay, AMOK I l• 110 USE OF LORDS.—YErmiDAT. Arrests ram •ns than Cov.o sr CIANCIST ♦ull °Mar or "seam usicsaintu.—lnseona int tan. CitanSlLLo/1. Lao Btsoeeuaf. Luau toaasesas, ass Lan Grarean. Tnit Dean or ATIOLL W. TOllllll AND Ortinste.—Ten OLINTILT ROAD CASl.—!butts:! w Trivia or TM. RR tIeONDINTS TO Stn. This appeal is from ►n interineutory judgment of the first division of the Court of Session, sustaining the title of the respondents, Messrs. Alexander Terri's, 'dinette (solicitor) in Aberdeen; Robert Col, writer to the signet; and Charles Law, merchant in Perth, to carry on an action, the object of which was to establish the mpondents' right to UM' a public highway which lies between Blair Atholl, in l'ertlishire, and Braemar, in the county of Aberdeen, which in its course passes through the property of the appellant, the Bake of Atholl. The material averments of the sum mons are that from time immemorial there has been the ugh the district of country lying between the upper part of the valley of the Dee, in Aberdeenshire, and the valley of the Gerry, in Perthshire, a public road commu nicating between the village of Castletown, of Braemar, and other places in the former valley, and the village of Blair Atholl and other places en the latter, and forming the only direct thoroughfare between them." The route is then particularly described, and reference made to a map of Perthshire, published in 1803 by Mr. Stobie, factor to the late Duke of Atholl. and it is set forth that " the said road has been from time immemorial, at least for forty years end upwards, used and travelled on by the public on foot or on horseback, and has been frequented as a drove road by droves*, end their sheep end cattle." Further that "rt farms the regular and only direct road from Aberdeen Blear Atholl. and from Blair Atholl to the Valleys of the Avon and the Spey." The summons then states that the responolents have been in use to proceed along the said road, and that it they were deprived of the use of it when they have ocenion to travel to or from the Valley of the Dee they would require to make a circuit annoy miles. The invasion of the right of public way by the noble appel lant is thus set forth That the defender or his authors have fir come years back used various means to stop up, ob• sttuct, or obliterate the said road, and to deprive the pur suers and the politic of the use of the same." It then all. feel that he had employed gamekeepers, Olin, forest keeper', and other persons, forcibly to interrupt and to threaten travellers lawfully passing along the said road, and that he or his poolecessors had illegally set up gates, fences, and other interruptions acres* the road. la his defences the appellant denied thet the road was a public road, sad averred that it was mule for the conveni ence of certain farms, which are described " and for access to Forest Lodge, a hunting seat of the noble defender and his predecessors," and as a prvliminsry defence he pleaded that tt - e pursuers have not set forth, anal do not possess a sulkiest title and interest to raise and insist in the pre mat action." Thus the question at issue between the par ties on the merit. war, whether the road is a public or private en: ? .tad the preliminary objection of the appel lant was, that the respondents had no title or interest to try that question. A record was made up by condescen dence and answers. The following material facts were urged for the respondents:—That the road was anciently a natural pass between the districts of country situated to the south and north. That it was converted into a made or " metalled" road in 1759, and was, along with other roads in the district, placed under the control and management of the Commissioners of Supply of the county of Perth, of whom the Duke of Atholl, for the time being, was one. Thet the commissioners had frequent meetings oa the subject of the road* under their manage ment, and this road was described in the minutes of these mertin4s, as" leading from Blair Atholl northward through Glen 'lilt to Braemar," and it was kept in repair by statute stoma or nice. In pursuance of an act of parliament, of 1811, for the conversion of statute labour, the commissioners of supply. the Duke of .ttholl being the chairman, dared the road, (under the .12th section of the set) among the "roads of the greatest public utility and resort in the country." For the maintenance of these roads the services of the:district were converted into a money rate. The respondent, Mr. Law, was assessed for and paid statute labour service money under the said act. It was then stated that the ap pellant had recently obstructed travellers in the use of the road, and in particular that he interrupted and stopped the respondent, Mr. Cox, on the Ilth of September, 1818, when he wee passing from the south to the north; and that he likewise interrupted Mr. Terries, on 16th September, 1848, when he was passing along the road from the north to the south. On the 15th of June the interlocutor of the Lord Ordi nary (Ivory), tint appealed from, was pronounced repelling the preliminary defence and sustaining the title of the pur suer* to insist in the action. Against this interlocutor the appellant presented a reclaiming note to the tint division of the court, and their lordships on the 12th December, 1849, uaanitiviii-ly adhered to the decision below. This was the woad interlocutor now appealed from. Mr. Solicitor-General and Mr. Bolt, for BM gppelhilia submitted thot the pursuers, u mere members of thopellb, had no right, title, or interest to pursue the ram The Duke et Atholl is proprietor of the whole of the etre of the valley of the Tilt through which the road is sought le be established. Deng thus the undoubted proprietor of the sedum. it was attempted to qualify and restrict his real rights by the assertion of a real burden over it. Tbe pur suer must establish a title in the property in connexion with which the servitude is claimed. The claim was meads on behalf of the public, or that portion who travel on foot sr on horseback, or who have occasion to drive cattle. The only title set forth was that of mem bers of the public. One pursuer was described as an ad vocate residing in Atienleea, another ea a writer to the Bisset residing in Edinburgh, and the third as a merchant residing in Perth. They dad not Marin that they aro owners of any land along the line of road, or Is the Moiary of any portion of it. They lived at greet dress% en ben they ran reach any of its tenant. they el st Veal •on 3d to 80 mdse. The title was one anew to the toklefittpablic of Greet Britain ; but the oespardere no see se re• pewit the public. It wen ries isles err •et a popularis utile which, though alubled in the Ikea km, was usknown to the law of floodise Boa Hume in he stork on crime says, " Oar custom his doper Mr die Roman law, which invited every dee II I a msMsr d the sovereignty to prosecute for amp . alleane NOY ho endear' as injurious to the peblie.' And lore cope " We have admitted no arises in our law ups of aril right which can be reseed by say eft= interested, tempt is the ono et streess r i v il oal of whom law Ms Meal seer sew profitable to them to be earned ea by say of their relations." (Erik. IV., 1.11.) la seeking to Al the burden of a public road upon the appellant's paoperty, the pursuers were suing fur public interest, sand WHO truly suing a popular action. if competent to them, the power of suing was competent cuilibet exjpopulo. Thr present was the first case la which this principle of the law of Sent brad has been direguded. In all the cases in Madeleine' of a right of public read, a special interest has been set forth ar the basis of the title of the penmen. " len v. Hamilton " Shaw, 149), Oswald v. Laurie "(6 Mar. ray. 6), "Berry v. Wee" (M.Far a jar. eases, 91), ee inches v. Forbes" Ibaw, 441. Haar V. Rogers" ( a Show, 257), " Mersa v. the l dof Marisa " (8 D., The sews of " Earl of Omer v. gro Town of Wig ton " (Mar. 16, 122), " &Mkt v. Soot," 1/0/1 (Pee. Collie), referred to by the paten se ratline to aa opera reser. was *mead ware weer sealosatory of is view new presented then aped to it. TM eniy sere la whet title with redbasse to • /polls wit was attegal to Ile maintained by peaks bars a awe osawel sr r arest, the Aaks to OW Mk woo " Tar v. Earl r of Loalsoildo " (6 Shaw, 111. Lord Cr.igie there WM dot the mod to be a public kirk and errhet wad. . =sr Of OMMlWeilty " wee ma *sw a seller k to resist ay _dosere 1 bet tbe other bid the peer haw a surreal titr ivi s i rredgesa dia llens his lardsa iss ureired that the ember of IM pair tisgll show a t interest, and he held Chet es Mee Ma gervant, dumb liable to baremoved at say thes r in the ices of a road to the parish shwa was allskr. But It was estremely unlikely that Led Cairo word lass held that inhabitants of Aberdeas, Perfir, and as a result of their right of leoldegy, would ba l t ili M i tnerat M eters with regimens let • red through a Ded gra and across a ridge of_ highlred ntountaias. use win te be hold as riaes was reeres se to the presses ea. If seek seders as do Win sustained, peopeless eel le snljsMstl M a u in tolerable Frame. If es right Si Meg each ao. Ikea ode is sp onalle of ea reagoalty. the has as geed a Ms as es globose. • prorkler way ttelMssslfsatedtoa =ink with a prat raremed of ef reara and= 'dresser le do wilt the hefty, and or bstantid biome is the sues* matter of tie a Z so t. Whoa one attempt teak mother might be ore. • series el snits 'sight bee t by en of strew, all cooseattively eadais i favear g i l if s t repairer e . but ease essellialeg re bergs sash secosseh is shish s%rif s ili alls sigff eseT s ets be l katisF i l e ris averred de the highway has bra illeZ/ as elgssi lbs Ms est highways may be Tared by all =NS* of the Pesos, ate simper the edge" of set at war with Ms sonsloy, b aalelentbe gdre se iamb, not oily all the staleata tho prim, NA the Uhl ridge of =r ei ntr biss ersV i ze.. et To wai say t t h l o rt s aze a wes sadly In and pare latsepties was • pereurdea of Mgr. It was abeam of intend, aid So Mer a lama. the It was said that the hed ear n hi tapers as to ethos, es " I d"' M soda ssibM lige Hsi "Me d& =el darnel seer sooserg uses deb seeraire. Mto es alleged reef es Ned by Ow peer emedres, whisk wee cast +N es MeV dent of 1111 e, the seem WOO OM ha 11, fortke w meirgy in. MIDMiII given, which detail, if the fact was founded on as *ends el • title otherwise defective, was indispeneabl .. TINIIINAII was claimed as a horse road, but it was nowhere that the pnesten ever travelled along it with so enehl Soy d., so with truth, for this mountain =MN astir its course was un fi t for the use of 11. flethiethe Mid was claimed as a thine road thlllthlth 1111thlbIlthaxiomrse,nt of : i e l s o pected the court per. MI now appealed frost were, therefore, it was w a wa apposition to the law and its received prin• apies. It wet neat usleaded that the title of the respond. eats was theiththlrdellitetive with reference to that portion of the ecinthatheas Mild relates to the portions of road formed eselasively by the appellee... predeonsun, for their private use. Drives in rides connecting the Duke of Athol''s residence at Blair with Forget Lodge, which is situated 0 the upper portion of the valley with bridge., Ike. ea which gates we p rateLd 4. 7ere: at great ex • pear by the Duke's end were so lowed for their private ass sad advantage. It was net said that the portions of road claimed were aide ...tad to the public, or that they had been used for 40 years as portions of the pub. lie road. There was no statement of the extent of these portion of the road, or their proses locality. The appal- 1 lent was in complete ignorance se to the precise limits or extent of the demand meant to be embraced under this pm , lion of the summons. The (urination of new lines of read, avoiding inequalities of surface, the continuation of • end on • different level, and in • different line, with a b with a view to private enjoyment — the only p revious= being in the lower level and crossing the river by a Md r could not imply any necessity on the part of the ampainnt ar res to make over these Imes of road or the bridgy loth, or impose on him the necessity of warning the he reference to the use of these lines. The ale the ger suers must be sufficient to support all ands's& tithe eno elusions of the summons. Lastly, it we. esiallini tint the interlocutor of the court sustaining the die elf Meow. Buell absolutely is erroneous. even if the reepsedean weft to be held entitled in respect of their covenantee* be alp mined to prove their averments, with • view to imlablla their title. The interlocutor of the Lord Or& nary, affitined by the lords of the Ant division, sustained the title of the pursuers to insist is the action, while, according to the opinion of the Met e the title must depend upon averments not proved or aides ted, The pursuers may have made averments which, Use. tablished, might, in the view of the court, make out a title, but the mere averment of disputed facts could never esta blish a title. The matter of title fell to be separately dealt with in the matter of proof and; the absolute and un conditional sustaining of the title, without any such proof, was inconsistent with the ground on which the opinion of the court was rested. Mr. Bethel' and Mr. Andentholthlein is imp= ef the judgment below, contended that the title to sue the present action. Tbe ili r iali er i teae lli = in question was an alleged right of public way. was an action of doelerator. The respondents n allejoil lill a there is a public way through Olentilt. If dew we. • public way, as a consequence they merely, se mothers of the public, were entitled to use it. In seeking, therefore, to establish this right of way, they were seeking to establish a right, which if it exist, may be exercised and enjoyed by themselves individually. If they have a right to go to the ground and travel over the road, assuming it to be public, they must have a title to ask a court of law to negative the claims and remove the obstrustioas that prevent elide doing so. The right here sought to be dearth was one that may be exercised by the resposieele as individuals, and which cannot indeed be maid at all mikes individuals are to exercise it. The PM IPSO not merely one depending on the abstract title of any a the lieges'to amen • right of public road which they Olt/ themselves use. The defendants set forth that the mil to question is important and valuable to themeaves filethethelp ally, as the only direct thoroughfare between the gleme where they respectively reside and other places to tibia they have occasion to travel, and that the interroptiss ef the use of it is a distinct hardship, requiring them to laths a circuit of many miles. They had Choi a specific personal interest in vindicating its use as • public road. There were some rights which could not lie declared or enforced without a written title in the person of the pursuer, bee the reason of this was that the right itself can only be proved or constituted by writing. There cannot, its general, be a &Tiltrotor of property in laud without a written title be the pursuer, for the right to land can only be proved or created by • charter or coueeyance. In like manner • dim of proper servitude must be proved by a written tido, be cause a servitude is a private right belonging to see pt.- perty over another, and the party claiming it moth thew • title to the dominant tent lent before he can impose a bur den on the sentient tenement. But a right of public way was open to all the lieges as such, and required no written title or title of property of any lentil to support it. The title therefore to declare such • right must be in one of the parties who have the right itself, and who could exercise it if it were ascertained or ad mitted. The right and title hero must go together. If parties have • title to use a right, they have a title to claim it, and a title to assert it judicially by declarator when it is denied or disputed. In the preliminary question as to the title to me, the allegation of right was enough, and the party must be allowed to prove his allegation. It indi viduals have a title to declare a right of public way because the right extends to themselves, and may be personally exercised by them when declared, it was impossible to exclude that title on the ground that their oppertunities of exercising the right are more or less frequent or easy. It was submitted, therefore, that according to the plain law and reason of such question the title to pursue this action of decimator was the alleged existence of the right in dispute, and that the respondents cannot be barred by any prelimi nary objection from entering on the merits of the case, and establishing by evidence the right of way which they thus allege, and which if it exist they were entitled to establish and entitled to exercise. The right was a public one. It amid not be disputed that then no be eamewhere se other • title to ears, es the es sass saw peeeent. Whatever be the ileadatisee et the righ t _lt amid be =all reason and esslegy if such a meld eat I its co-relative remedy if it emu be Windy tad unlawfully invaded and . thaseted within nines. The public could not sue cotheetheip Sty time thigh they can use the rued collectively, wed thus In n• oaths dicer to represent the public is ate/ war r ser ti bt coon; is neither there in Scotland trey se a pee sentment to the genies sad seat iadleemeat sealing the party eletesaing ee elbow interfering with the right of way. 17alese, this, the richt was to without =. It mot be eepalis of bong vindiead by indi• Inning part of the anomie of the public. In when meld the title be oat if tot in pesos similarly situated with lite empoisste ? One et the mown was a citizen of Aberdeen, soda of liditheigh, eel • third of Perth, and be had actually contributed tweeds keeping , the reed to verde. The number might haw test 2 Itiplied ad libitum, but this would nip base eneenhared the newel eel entailed espouse withot i sroe= samisneiNsi advantage. It was conte nded in below that the sly partess entitled to see is seek as sedge were these medal is the seighbeenbeed et, sad who were in the Nolo* peens' of wan tbe seed. If by the naghbeedieser the agrilea awe" the earmam which the reed esenelly travemed, the patios was sham* un tamable; the the popeiedes esedre Obis earn as* de pesdente. Dare was • andades ef • pallid eight dory, with • emits& rood, hang • dendesa Mensal to whisk the servitude is 'Mend • oil seedned. All mem" other this those in right to the deamesteenemeat attempt ing to me the servitude road mod se deed be end they minseqaeutly we hoe as title to ne t = tor ef the servitude. If there wee to be a larger aro, where was the line to be dews? • person was not pre cluded from asserting • right shish is in him because hitherto be may sot persuaally have exercised it. The twists and dependents of the appellant IWO cossithe it owe for their Wow that the reed isenhl be oho ap, or tweed a • ohne reed for the assammedstics of doo dahs), this that it ahead be peals. Thome who hod the right et way were rins pope paliesestided le waist that Aga. The respendeses weld have best entitled If they W bad the parer nod strength to room the gates and Sao end to seat the setaisen el the appellant ; but they was set bead to sowssitor 'oh Mem and they were entitled to promed via jars to have the shammies* renevel by the more powerful an ef the has. It we sat easassay Ise the penmen to Age that they initathelly was is die me of the mod—it we essegh to nee the Mbe easidished. These a • otheint slanentts l ertess doe es a • right denied by the welds' : Is it wee lik draft no forth in the moneen sat peek ham, sad ether ehosmetiene bed beset en awl gemarespres, West Memo, gilllet and ober peas aidaell h 7 the end ing la seder to prousgen mks by toad. The agleam, ems ifi i = l been • awn en, would only have bon wirmat to stop mending' until the attempt should be media lase the jelessat action w.,s commenced, Mr. Terris lie Mr. Cox did taws to proceed along the road, end were aseselly prevented by the appellant This was a proof of the dessesty ad pepriety of the action, if the 1 rpwe ht itself mined. The iratherities relied on by the sp at wen either besqlleehle or head to s his argument, Or east gives them to the title of the public. " Tale v. Landesdale," . Haney v. Rogers," " Duke of Beadles v. Adam " (6 WI and Shaw, 70), "Marquis of Bread lbw v. Macgregor" ,7 Bell's Appeal Cases, 143). Some other erne had more resemblance to the pretest. " Teams v. Allen " (Moe. 14,512), " Campbell v. Campbell" (6 Brown's Illupp., 699), " Earl , of Oinelle v. Town of Wien," " Guild v. Bent,'! tr Tin PABBS bat the right, but it was net the he. lul finesrmii lisieselo lababb to the responded' ;T:slampa NW amines if **pulia bed ane erne _ ea bawl. 1101 MOM did ma lithe elms ' ,ara= n a irdryie cad imi nt r iut is Ma plink it egad so a nem that dm were sat named in theAglS mend te be TIN Itt steeples web by NOW to eral doctrine showed it lied so Weans le_ laving for their object the mishilamende pia "Ed that it had rehouse to gam = . 7 . 9 Mow liPli= the intense' dasether, se melt den meat as. acorn to himself. The Mb d Wadded ions hers of the public to protect their right to me s paths highway unmolested, was illustrated by Ilfr i l oi pkili BM in other cases of public right, as , 11 ...... /s a fries, Lc. " Macfarlane v. " (4 W. and 8.. 76); " Toil t h Vinnen eladre we " (Moir. 1,907). The sew oboe _ oath ededised fes ad did see Mara the renenasert If anis t , these a agethe anden4,w prase iggle iteal o d f be le Er ‘ .. 01 5. wee en assmolate aeridesa• it Ila ire. as it m • toll4paltial us of Ibe i gi si tbe *dim If lbe rail bees doily e p asellene 1119 dit denath, in Nei as atiefsksala salmi yield lave made the ail peat a Ss THE EXPRESS, FRIDAY rails blearq. The acemem etwouger when the owner of the geteamil hed ine = s la formed new pieces of rood in sub. (Asides ter ing portions of the old. he upon* yes ea concluded when the hone' rose. EQUITY vouirrs.—Yernamty. riven roe Moo.■ or rise 1 , 0840. Woman e. K .—Tom hamster PARC= DILITZST COMPANY. Mr. Ramsdell relater snored es the part of the plaintiff, who sued on behalf of the London Parcels Delivery Com pany, for ea injunction to restrain the defendant from le. smug eay board or placard haviag any words or device on them in Imitation of those on the beards and pleeerds of the plaintiffs. From the 'lslamist of the learned counsel, it appeared that the company was establish/id in 1827, and their object was to supply a certain and cheap end ezpedi tious mode of delivering parcels over the whole metropoli tan district. They have receiving-houses at different parts of the town, end their business is en extensive and valuable one. At than receiving-houses there are boards or placards containing the words, " Receiving Hotta for the London Parcels Delivery Company. No Charge for Hooking." Defeedant had set up in the sane business, and he, too, bed receiving-houses with placards and boards similar to those of the plaintiffs, emitting the word " eoespeay," and in some cases substituting the word "conveyance,' which plaintiffs contended was a colourable imitation of the pla cards and announcements of tho plaintiffs, and they alleged that they suffered injury from parcels being taken to the offices of the defendant by parties who intended' to send them by the plaintiffs ; end a number of affidavits were ad duced in support of this allegation. Mr. Wilcock, on the part of the defendant, stated that he bad carried on the business for seven years, always ex hibiting placards and painted boards, end announcements similar to those now complained of, but which had been complained of till within the last few months, and that Mr. Rumball, of whom he purchased the business, also exhibited placards with the words " London Parcels De livery," and he contended that he had, a right to exhibit such placarda His Honour said plaintiff was entitled to an injunction to restrain the defendant, his servants, and agents from re ceiving for the purpose of conveyance, or conveying or de livering any parcels directed to go by the London Parcels Delivery Company, and the plaintiff must undertake not to receive or deliver any parcels intended to go by Kebbell's Delivery ; the rest of the motion to stand over, with liberty to the plaintiff to bring such action as he may be advised to bring to try the right to the use of the board. Moons Vies-esisscuLaa NU Gamboa Nana. 000DCH1P v. Waavuto. This was a motion made on behalf of the plaintiff for the production of certain documents. The documents were admitted, by the answer of the defendant, Feargus O'Con nor, to be in his pootession ; that is to say, in the posses sion of Mr. Roberts, his solicitor, who claimed a lien upon them for his costs. Sir Wm. Pago Wood and Mr. Roxburgh appeared for the plaintiff, the official manager; and Mr. Swieneton and Mr. Bennett for the defendant. Alter the case had been argued for a csnsiderable time, an order was taken, by consent, directing the production of the documents without prejudice to the right of lien, if any, of the solicitor, Mr. Roberts. COURT OF QUEEN'S BENCH.—YESTERDAT. THE GRAND Jelly. Mr. Justice Coleridge, amongst other remarks in his ad dress to the grand jury this morning, commented forcibly upon the absence of several gentlemen who had born sum moned; for instance, there were three baronets, none of whom had replied to the summons of the court. But if there had not been a sufficient number without them, he would hate inflicted on them the severest penalty that be could. nreetweis rs Basco.—lbreoaa Lean Carreastt, Ma. Items Cedannilla. Ma. lenses Wiesersian, AND Ma. Jeerers Ewa. Tax OVERSEER% OF BIRKENHEAD V. THE CORMIE• BIONIRII ov BIRKENHEAD DOCKB.—JVDOMENT. This was an appeal from a decision of the Court of Quarter Sessions affirming a parish rate issued by the over seers of the parish of Birkenhead, upon the commissioners for the construction of the Birkenhead Docks. Lord Campbell, in delivering judgment said, the question in this cue was, whether the trustees of the Birkenhead Docks, were exempted by the words of the special set from contributing towards the relief of the poor of the pettish of Birkenhead. There were no express words allowing an exemption in the statute, and the court must ace if it had been conferred by any sub.equent statute. The appellants did not, and could nut rule, under the circumstances of their being trustees. By the ease 7 Barnwell and Creswell, p. 611, the principle was laid down, that if the parties who were rated were not occupiers of house and land, the statute of Elizabeth did not apply ; but where they were occupiqrs of land and house, the exemption must rest on some special enactment This principle was acted on in a case, 1 erm Reports, p. 30, where the exemption was placed on a clause in the local act. The decision in the Liverpool case could not be supported by a similar reasoning ; if the court recognised the taw, it would like to know whether the legislature had cont. reed an exemption on the Birken head Docks. The 7 and 8 Vie., cap. 79, empower. d the com missioners to levy, muster and raise certain rates for the pur pose of keeping the docks in repair. But this enactment was not intended to exempt the Birkenhead Docks from lia bility to contribute towards the relief of the poor ; and there was no statement that the sum raised by the commis alone?* would not be sufficient for all purposes mentioned in the act, atter payment of this charge. This case was therefore distinguished from those which were relied on. It was not necessary to consider the other questions that had been raised ; but the court had now only to give judJudgment for the respondents. gment for the reepondents. COURT OF COMMON PLEAS.—TESTEADAT. ferrous as lance. —preens Cour kerma Juana, Me. lent.. Karts, are Ma. Jeff IC• CRIIIPWELL. EDWARDS AND ANOTNIIR e. Till GRRAT WISTRIIN EalL wAy ComrANY.—EITRAoRDIN•RT BILL or COSTS. This was an action to recover certain overcharges made by the defendants against Mr. Parker, the carrier, whose assignees the plaintiffs are. The plaintiffs' bill of costa con tained a charge of 1,3001. for a notice of action, and an other of between 6001. and 600!. for a notice to admit. The case was brought before the court a few days ago, upon a motion, by Mr. Joseph Brown, as counsel for the plain tiffs, that the Master should be at liberty to review his taxation, one of the points being that the Master had taxed off 1,000/. from the charge for the notice of action, and had allowed only 3001. for it, but the court refused the rule. Mr. Serjeant Chatinell to-day moved, on the part of the defendants, for a similar rule, to review the taxation, upon the Masi that, the Master, in giving 3001. for the notice of sell" bed nude an exorbitant allowance. In fact, his instruliega Were to move upon two points. First, that are, nodes Of MOB at all was necessary ; and, secondly, that If It was nealliely, that the allowance for it was too large. Upon the lot point, however, he thought that it was am neentile to disingaish the present case from that of " Kent v. the Great Western Railway Company" (3 C. 8., 714), in Whilit deem. held that notice was necessary. But in that 1611/011 that the second point could not be made, as no was raised before the Master as to the quantity of the allowance. In the present case the affidavit stated that the objection as to quantum bad been made Wale the Mater, and it was therefore submitted that the elianbilis granted, els that the matter might be further issellersi.-4tale treated open the second point. lenses IT Nut PEW 111 1111DIWZI. 11•POli Ma. 3171111 MS TatlOrlD AID • 001111011 RAT. LEROUX v. Baoww. The plaintiff in this case is the eon of a retired surges.. living at Calais, and the defendant fa a gentleman of. gas. petty, owning and cultivating land in Kent end Xmas; The plaintiff sought to recover damages for break of verbal eagagement made by the defendant, to maple, him for a me, at the salary of 1001. for that time, as his area at Clia la collecting and purchasing eggs, rabbits peep leas, eel other articles of provides, in lorance, for the Las des =aft The plisletiff 's ease was that be was a young man, sew about II years of age, and at the time the contract was en tered bile he resided with Ide father at Calais. In the latter pert of Ilit9 the delesdest west to Calais on pleasure, on two eessiese, and Minei • Ihrteight eaeh time. Whilst there he oohs plaintiff's lather apes the pier fishing for Wee, est es sequaiatesee eseasesseed between them, and tibm=tiff himself wee about emeetaatly with th e de la the wane d their empealstesse the defend est% elllsetkat was draws to the Wiser el ellieedoi per videos sad thewarliag them to London, and be metered into the speculation and agreed to employ the plaintiff as his agent from Christmas, 1849, to Christmas, 1850, at • salary of 1001., payable quarterly. Shortly afterwards the defendant went to England, and although a letter or two passed between the parties, no arrangement was made to carry on the anticipated business, and the plaintiff did not actually perform any work for the defendant. The evidence given on the other side gave a very dif ferent version of the matter. The defendant swore that he never employed the plaintiff at all, hut he admitted that the propriety of entering into the provision trade was discussed by them, and the plaintiff and his father stated that if the defendant would invest 5001. in the Min oan be would be sure to realise a profit of not less than 200!. a year. He agreed to enter into the business upon haying a guarantee as to the security of his capital, and that the prollt would amount to 200/.1 year, but he did not estaellee that if the profit was lea nisi the amount await be me& up to him. He mid he would give the plaintiff belf the plelt, but he took the plaintiff into his ray way, the oaty proposition being that he eZW: ll l ll perteeri hut the het was, that the matter was only %Mai sf, red so anespeneet whatever was en tered into betimes them _ - 11Yektri,tteit;wer to his lordship, gave their opinion that the fondant bed eentraeted to employ the plaint', but that the plaintiff bed not, in the terms of one of the Pas=meguested to be employed, and they estimated the ris daamp at 101. TM OMB smempied a good part of yesterday and the whole of torlay, ed was net concluded until six en the evening. BILERIFFS' COURT:—YerraRDAT. Mums Ma. W. Bammum,. Dann Unass.llemnr. BLitIDIOM V. PAllNl.—Uti.telt OD rlolllllll. DAMAO= 6001. . Tii wee a lent of inquiry to roma the dandages in la Sian 111117 ht to recover conspessation he the .10*-= forsumee o s_prowdes of marriage made by the defeC to the plaintiff. The damages were laid at 6,0001., sad Ow &fondest suffered judgment to p by default ; that is, did net plead te the action, and thereby admitted the balsa of MIA& Kr. Seejeant Wilkins, in dating his client's ease to the jury, old It would be allowed that he had had some little expearisam la ewes of the deeeription of the 'twat, but near datee he bad been In the profusion had he been eon- EVENING, JUNE 4,. .1852. eased in a cosi whersia the beech of a nusishee contract was complained of, whim there was mere cruelty, cowardice, sad recklessness en the part of • defendant, or lees iodisation to atone or make amends fur an injury inflicted upon • highly respeetable and amiable young lady, than would be disclosed in the case he had then to lay before the jury with reference to the con duct of the defendant to the plaintiff. The plaintiff was Yin Harrison, daughter of the late Mr. Francis Harrison, of Blackheath who formerly carried on the bushier of • goldsmith in Westminster, and the defendant was a gentle man of property residing near Farnham in Surrey ; and though the plaintiff was compelled to adopt these proceed. imp to vindicate herself, there would not be any attempt made on the other aide to disparage her character—indeed there could not, for scrutiny was invited and censure defied. The acquaintance between the plaintiff and the defendant commenced about six years ago, at the residence of a Mrs Techner, at Oodaliaing, where Miss Harrison was staying on a visit; and in the month of October last year, the defendant made a proposal of marriage to her, having on the Bth of that month gone to Mrs. Techner's where the plaintiff then was, as he slid, to take the plain tiff to a party ; but instead of taking her to any party he took her in a direction contrary to that Ito should have taken to the party, and In the course of their walk the pro mise for the b breach of which damages were now sought was made. The defendant was not a youth who might, from inexperience or indiecretion, enter 'hastily into an engage ment of this description ; he was, on the contrary, a man of mater. age, verging on forty, and he did not propose mar riage to the plaintiff until he had been acquainted with her for six years, so that he could not plead that, like Romeo, he was caught at first sight with the charms of a Juliet. Tho promise made, as he had stated, was confirmed by the defendant's subsequent actiors. He introduced the plaintiff at his mother's house as his future wife, the preli minary arrangements for the marriage were made, the wedding dress was bought, the wedding cake and the ring were ordered, and ho brought her to London to select furniture for their residence that was to be, and even more than this had the defendant done, for he had himself fixed a day for the marriage ceremony. On the 3rd of January he left home on a visit to some friends, the arrangements being made for the marriage to take place on the 10th of February, but before that day , arrived he changed his purpose, and he deputed a friend to ' do that which he had not the courage to do himself, namely, Ito honestly come forward and avow the fact. The members of the plaintiff's family feeling indignant at such conduct, called upon him for an explanation, and in reply, he wrote a letter, the contents of which he would place before the jury. The I. d serjrant here read the letter. In it the defendant expressed deep regret for the course he had pur sued, and urged that the proposal of marriage he had made was hasty and ill-advised, and was made under • nervous excitement, through which he mistook esteem for affection. Evidence was then given. It appeared that the plaintiff was 33 years of age, and was entitled to an income of about 1001. • year. The defendant was pawned of freehold property in Surrey. Medical evidence was given to show that the plaintiff's health had sustained a serious shock from the disappointment. Mr. Phinn, in mitigation of damages, urged that there was not the least shadow of imputation on the plaintiff, and that the cause of the defendant not fulfilling his engage meat was, that it was considered it would not prove a happy union. He defended his client from the imputations cant upon him by the counsel on the other side of reckless cruelty, and left the jury to say what fair and reasonable damages the plaintiff was entitled to. The Deputy Endersheriff having summed up, The jury returned a verdict of 5001. damages. THE POLICE COURTS. MANSION-IIOUSE. George Leri, the keeperuf a beer-shop at the Old Swan Wharf in Thames-street, was summoned by Inspector Mitchell before Sir Peter Laurie for " unlawfully and know ingly having suffered gaming to be carried on in his house." The cive clime under the head of charges under the betting system, so publicly denounced. Mrs. L-vi, the wife of the defendant, appeared fur him, and stated that ho was pre vented by illness from personally atteuding to answer the accusation. John Whisby said—l am 17 years of age, and am paid 6 shillings a week as an errand boy to a mercantile concern. On Tuesday, the 2.3 th May, I went into the tap room at the defendant's house, at about 8 n'clook. There were at the time about a dozen boys of the same age in the place. Of them I knew nothing except by eight. I had some beer, and I made a wager. The landlord came In as I was laying &wager with a key named Ilamilton upon the Derby, which was to be run the tollowing day. I betted 10s. to' s. 64. against Hobble Noble, the favourite horse, and a lad named Hamilton took the wager, end we put the stakes into the landlord's hands. Sir Peter Laurie—How did you know anything about Bobbie Noble ? Witness—By hearing a great deal of talk about the horse in many places. Sir Peter Laurie—Was the wager put down in writing ? Witness—lt was. Sir Peter Laurie—Had you betted there before ? Witness—l had not. Ihe wager was written down upon a piece of paper. Sir Peter Laurie—Were you making what is called your book atat Ia not thejime? keep a book . Sir I'eter Laurie—And did Mr. Levi hold the stakes ? Witness--He did. Sir Peter Laurie—Have you woo the wager? Witness—Yes; but I have not yet received the money. Mr. Levi still holds the money, and the memorandum of the bet. Sir Peter Laurie—Who wrote the memorandum ? I think I wrote one and Hamilton wrote another, and placed them both in the landlord's hands. Inspector Mitchell-1 told the landlord, when I went to inquire into the circumstance, to retain the money in his hands until the matter should be judicially investigated. Walter Hamilton said—l am a hairdresser, and 19 years of age. I have been often in Mr. Levi's house. I have not seen much betting there. I knew Hobble Noble from hearing people talking about him, and I was in the land lord's house on the day before the Derby, and laid the wager with Whisby of which he has spoken. Sir Peter Laurie—Wheu did you get the half-crown? Witness—Mrs. Levi gave me the half-crown to make the Sir Peter Laurie—Had you any beer? Witness—l had not any beer whatever. Sir Peter Laurie—Did Mr. Levi know that Mrs. Levi had given you the half-crown to lay the wager? Witness—lle did not know it until ten minutes after wards, when he came into the house. Mrs. Levi—My husband knew nothing about it. The feet is my husband first informed the Superintendent ups the subject The Inspector said that his attention wee first drawn to the house by the ciacumstanee of a robbery which had taken place in the remises in which the first witness en. amined was an errand boy. From these premises a cloak and some money had been stolen, and in the tourse of the investigation, which it had been found necessary to ins* tute, the attention of the polite had been necessarily at tracted to the beer-shop, which was frequented by of the description of the two who bad been Just ex there was no doubt at all that the produce of the was applied to the purposes of hotting there. Mrs. Levi—l enure your Lordship that I did not give the half-crown to Ilamilton with the intention that he should lay a wager with it. I knew nothing at all about betting going on. As for my husband, he goes out every morning at an early hour, and does not return till half-post 10 at night ; and he is employed all the time as a porter. Ilamilton was to have laid out the money for me. Inspector Mitchell said the landlord had acknowledged that the circumstances of the wager and the written state ment of it were known to him, es well as facts connected with other wagers made in the house. It was not neces sary, the officer submitted, to make any further details at the present moment. Sir Peter Laurie—Certainly fit. I have no doubt that the matter is in excellent hands, and I tract that the City police will exercise the utmost vigilance fa eases of this de scription. Beer shops, so long as they aumaln to a certain extent independent of magisterial cembuil, are, in al opinion, the high road to the Old Bailey, eipecially whoa they are mixed up with this atreaktas batten arum which has destroyed so many clerk. mai dirt poems it whom the confidence of their employees has been repass& It is gratifying to me to be able to state that in the metre., politan public-houses the practice has been to all appose. ance completely checked. I know that in the aTelledell district of Marylebone there is not one piablitehenes hl which betting is allowed. I attribute that to the pewee which the magistrates have over licensed houses. Inspector Mitchell said he did not think there was public-house in the City in which the practice was per mitted. Sir Peter Laurie—The infamous betting-houses whiek have started up of late out of the efforts to abate the forma nuisance are not, I apprehend, to be put down without am set of parliament, and the legislature must as soon as possible supply the remedy. The authority of the magis trates in other cases can be exercised in my opinion effectually by the City Police Act, and by particular provi sions in the Metropolitan Police Aet, it is enacted that every person who shall keep . any house, shop, or place of public resort wherein provisions, liquors, or refreshments of any kind shall be sold or consumed, and who shall knowingly suffer any unlawful games, or any gaming whatever therein, shall be liable to a penalty amounting to SI. for every offence of the kind. From a careful peruser and consideration of the acts of parliament on this most curious and important question, and of the decisions made in the courts of law I believe that the fact of keep a bet ting room ins public house is sufficiently an set ef to bring a victualler within the pro of a l = against gaming, and that all such rooms Y limed beam may be suppressed es the law now imraft m ay e. ga b of parliament to which I have moss ftaiiMy redismail beer shops come within the same porybions and as , strictions. Mrs. Levi requested that the MI might be adjourned until her husband should hays 4111 liggertunity of ap pearbig. Sir Peter Laurie—He she be heed Mat isertainly. I dare as ha_ will have the Stinks the par ticular degas addle amp airkst Yr& sae slim -1 I am dakmakmill. medl know Wins jek is dm eatimaiaation, to cheek SDli. TM um, was Ilam mimed to Masi ewer till Thursday next Francia John Absolm7,;;;;;;;;t wko keeps a brothel at No. 39, tlichaoad•street, Vaszball-read, was Ibtally gam b it s, oa a charge of Isdoesatly asswaltlag his owe daughter, a gild of 10 pan of ago, sad Woo with sosult- ing and of 11. Mr. Elliott observed that there could not be the slightest doubt on the mind of tiny person who hod braid the evi dence, of his guilt in respect of the disgusting and un natural offences with which he was charged ; and, after ex. pressiug hi. utter abhorrence of his idiom:liable conduct, • ntenced him to pay a penalty of 51. for the assault on his daughter, and also M. for the assault on the girl Evans, or in default to stand committed to prison for tour months. The prisoner not being prepared with the fines, was handed over to the gaoler, and it was said that some time ago he seduced his eldest daughter. now a girl of 20 years of age. to seduce Catherine Evans, a girl MARKETS. COTTON.—Livrarout, Jose 3.—The sales to-day are estimated at 7,000 bales, of which exporters have taken about 500 American, and .500 Surat, and speculators 1,000 of the former. The market closes very firmly, prices of all kinds beiag very nearly if not quite ed. per lb. dearer than on Friday. American under 61d. per lb. becomes worse to buy each day. The other sorts include 150 Perham and Maranhao, at 6p. to 71d.; 200 Egyptian, at 6141. to 74d.; and 1,000 Surat, at 31d. to 41d. The imports since this day week are 25,000 bales. HOSIERY AND LACE TRADES. Norrisonsat, June 3.—The extra fine cotton hose branch, above forty four gauge, has scarcely ever been in a more prosperaus condition, but as the gauges or qualities become coerser, the demand recedes. Fashioned hose, as they are tech nicalay termed, arc but little affected by the round Dames, but the latter have pressed heavily on the cut-up hose trade ; they are, however, in many cases far from being in excessive demand. Still the capability of this description of frame for producing new fabrics is very great, and there is reason to suppose that eventually they will prove a bless hag to the district, though hitherto they have been con sidered by the workmen as an evil. The drawer and pautaluon branch has completely recovered, but, the wages having been reduced, there is a scarcity of hands. The silk glove branch is seriously depressed, but the cotton glove trade has improved. There is also some amendment in the warp hosiety branches. The silk hosiery trade, whether plain or knotted, is nearly ex tinct. The trade of fancy cotton bobbin nets made in the usual manner is much depressed. To speak in general terms, good laces are in demand, especially black silk laces, being all silk. These are a surprising fabric, being made from machinery of the most complicated and delicate de scription. A new method has been latterly adopted. The guides instead of being carried on metal bars, now ride upon strings, 300 such strings he ing applied to a machine. The curtain (bobbin net) brunch has slightly fallen off, but MPhil tickler-made curtains, it is said, great improvements have been made. The cotton warp laces are depressed, but the silk articles are in a much better state. The making of velvets and figured fabrics is progressing, the latter being made without meshes.—Notts Review. WOOL.—BasuPonn, June 3.—From the opening of the colonial sales great spirit has prevailed, and au advance es tablished beyond what was expected. The purchases are to a great extent for foreign account, and the quantity coming to this district by no means an average of the early sales of past years. The business doing in English Wool does not participate in the activity of colonial, fur this being fur actual consumption, there is great caution manifested in the purchases of the spinners, who, from their profitless avocation, are only buying for hand to mouth consumption, and prices ore firm. Soils and broke' are ready sale, and prices dearer.—Brodford Observer. MANUFACTURES.-111tADFORD, June 3.—Yarns: There is more doing in Tarns; the stocks on band are very meagre, and better prices realiacd. Pieces : The animated buy ing of Colonial Wools and the advanced price have caused a serious change in the value of tine Cohouras made from that material, and anything good has been freely moved when old prices would be accepted, and contracts offered and refused, seeing the difficulty to reproduce; in other qualities of Cubourgs there is decidedly more doing, and any change must be at an advance, for the cost of manu facture is materially increased, by the higher price both of cotton warps and worsted welts.-16id. C0113.-BinstiNnitsn, JUNE 3.-At Gloucester and Worcester markets, on the 29th, the wheat trade ruled dull at about the currency of that day se'nnight. Barley scarce, and fully as dear ; but only taken in limited quantities. Oata &I. to Is. per quarter lower. Beans and peas enquired for, and is. per quarter higher. During the present week the weather has been showery and warmer: the wheat , trade has ruled dull, with the turn in favour of the buyer. Barley only taken in retail, and the transactions in oats have been on the most limited scale. Few beans or peas offering, and both arc still tending upwards. At this day's market, although there was a less supply of wheat, the trade ruled dull, with the turn in favour of the buyer, but we make no alteration in our quotations. Oats offering lower without finding buyers. Barley unaltered in value. Brans and Peas inquired for, and fully as dear. Prices:- Wheat, English, white, per bushel of 62 lbs., 4.. 44. to Se. rid. ; new, ss. 3d. to ss. &I. ; red, 4s. 10d. to ss. 2d. ; new, to js. 3.1. ; Baltic, white, 3,t. 4d. to &. 10d. ; Polish Odessa, 4s. 9d. to ss. ld. ; Danube 4a. 9d. to 4.. 10d. Barley, per impl. qc.23a. to 30s. Od. tgri nding. per 3921b5.. 24a. 6.1. to as. Od. Oats, English, white. per imperial qr., 2.25.6 d. to 265. ; Welsh, black and white, per 312115.,195.641. to 208.6 d. ; Irish (40 to 421ba), per 3121b5., 20s. 6.1. to 225. ; ditto (37 to 391 b..), per 3121 ha., 20s. to 21s. black, 19s.fid. to 20s. 60. English, old, per 196 1 w., 13 .. 64. to 140.; new, 125.6 d. to 13a. 6d. ; Irish, new, 123.6 d. to 12s. 9d. ;Egyptian,lls.Od. to Its. 9d. ; French, 12s. Gd. to 13s. Feu, boiling, per im perial qr., 325. to 345. ; grinding, per 1961b5., 12.. to 12s. 64. Lentils, per 19011 w., 10s. 00. to 10s. Gd. Indian Corn, per 19G11's., 104. Gd. to Ils. Flour, English, fins, per sack of 2130165., 31s. Gd. to 335. Gd. ; seconds, 2131. Od. to 30s. BursToL, JU3li 3.-Our market was fairly supplied this day with English wheat, and we experienced a more active demand. Prices, as well for English u foreign, were firmer, and in some instances exhibited a small advance on the currencies of this day se'nnight. In flour there was not much activity, and prices were about stationary. The malting season is now virtually over, and barley was lower, for all purposes, by fully 6,1. per quarter. For oats there was a fair consumptive demand, at last week's quotations. Beans were somewhat dearer to purchase. The prices were:-English wheat, 375. to 435. per imperial quarter; foreign white, 425. to 445. per 480 145. ; ditto red, extra fine qualities, 38s. W. to 40s. per 480 Rs.; fine qualities, 375. to 396. per 480165. ; ordinary qualities, 355. 6d. to 375, per 480 lbs. Foreign hard, 355. to 386. per 480 lbs. English seconds flout, 275. to 295. per sack ; United States, &c., sweet, 20s. to 21s. per barrel. English malting barley, 28s. to 325. per imperial quarter. English and foreign grinding ditto, 265. to 265. per 400 lbs. Devon and. Welsh feed oats, 175. to 19s. per imperial quarter ; Irish white ditto, 19s. to 20s. 13d. per 320 lbs. ; Irish black ditto, 17s. 9d. to 18s. 3d. per imperial quarter. English beans, 30s. to 34e. per imperial quarter; foreign ditto, 275. to 2 1 .. per 480 lbs. The arrivals on shipboard for the week have Seen :-Wheat, 1,320 quarters ; oats, 2,811 barrels, 796 quarters ; barley, 1,174 quarters, 144 barrels ; beans, 260 quarters; lour, 1,660 sacks. The offi cial return of the corn inspector gives the following averages :-Wheat, 40s. 10d. ; oats, 184.3 d. t barley, 265. bd. ; beans, 345. 941. - -. • - - Demise, June 3.-We had a fair supply of Wheat ; the trade was very flat, but last week's prices were fully sup ported; a tolerable deeming was made. In Barley little or nothing doing, and prices may be said to be nominal. Oats, Beans, and Peas met a fair sale at previous prices. Wheat, white, per qr., 465.; best red, 41s. to 445. • mid dling, 355. to 41.. ; inferior, 31s. to 3.3 e. Barley, i6s. to 325. Oats, 191. to 25.. Beaus, 295. to 375. Yeas, 30s. to 365. Flour, fine, 325. to 365. per sack ; second., 30s. to 325. NEWBURY, June 3.-We have this day a liberal supply of Wheat, rather exceeding the wants of the trade, which led to a reduction of lc per qr. on the secondary descrip tions. All descriptions of spring corn only in moderate supply, and the transactions therein unimportant. UIBRIDOZ, June 3.-The supply at market is short. The trade in Wheat is without alteration in value ; the average price is 465. per qr. In Oats and Barley but little doing. Peas and Beans Is. per qr. dearer. WATERFORD, June 2.-With the exception of ene cargo of Wheat and one of Indian Corn, we have no arrivals of foreign grain to report since Saturday. Our market con tinues exceedingly firm for every article in the trade, and In the value of Maize we note an improvement of fid. per buret. EDINBURGH, June 2.-There was but a small supply of grain in the market today. Wheat sold well, there being a considerable demand, and prices up. Barley kept firm at last quotations. Oats and Beans sold well, and went up in twice. Mr. Stevenson, of Samuelston, exhibited some heads of shot Barley in the market to-day. Wheat, 41s. to 48s. Barley, 275. 6d. to 325. 6d. Oats, 20.. 44. to 265. Beans, 30s. lid. to 355. GLASGOW, June 2.-Since the date of our last the wea thee, on the whole,hu continued dry, with rather a low range of temperture for the season ; but last night some heavy rain fell, of which the hay crop was much in want. The trade remained steady through the week, and some purchases of Wheat were made in Leith by our dealers for transit hither, and, owing to the scarcity of Egyptian, some quantity of the inferior qualities of Mediterranean found buyers at low prices. Oats were offering on rather easier terms, but in other articles ne alteration occurred. At this day's market good fresh Wheat wu in moderate request at previous rate., and there was some inquiry for inferior qualities for Ireland, but the trade on the whole ruled quiet. American Flour having become much less plentiful, was the turn dearer, but French was o ff ering to arrive at somewhat reduced rates. Oats and Oatmeal met a slow sale, although lower prices would have been conceded for the former. Barley and Beans 4 limited demand, without change in value. White Peas a free sale at Gd. to Is. per boll over late rates. CATTLE.-Latne, JUNE 3.-We bad a good show of cattle at this fair yesterday, and a great attendance of buyer.. 700 beasts were offered foe sale ; they were gene rally of prime quality, and realised from M. to 6.. Bd. per stone of 161bs. There were also 6,100 sheep and lambs. Mutton sold at 6d. per lb., and lambs realised about 60. per lb. _ _ - CATTLE, itc.—Liucout.—The usual fortnightly fat stock market, held on Wednesday last, was exceedingly well supplied with Sheep, and, there being a good attend ance, most were sold, at somewhat advanced rates. A thin supply of Beasts, which met with a ready sale;at prices a turn in favour of the seller, realisin 61. to fle. 9d. per stone. NEWARK.—At the Whitsuntide fair on Tuesday last there was a goodly supply of Cattle of all descriptions. The beet store Beasts sold readily, and milking Cows realised 121. to 141. each; but young Bess were rather a drug. A good show of Sheep. Thu hest Hogs sold well, some the wool as high as 425. each; in the wool, 3s. ewes and lambs, 59a. to 60.5. per couple. The ll , ,rse fair was tilled with interior animas, but the few uwlul nags sold well. SALFOILD, June 2.—We had just a moderate supt.ly of stock, and of fair if not superior tinahly. Licind our r „,,, week, buyers did nut purchase In ely, and priers for Ike, Mutton, and Lamb, were hardly maintained. There was e considerable lot of inferior stock unsold. EDlNbUltlell, June 2.—The number of cattle was lime d being 134 more than last week. Demand also goo d, an the attendance of buyers was numerous, with prices ep 3d. per Dutch stone. 'l op price of the hest Beef, 7s. 31.; cur rant, 75.; middlind and inferior ',arts, from 6s. t o to . Gd. per Dutch atone. At the close of the market a clearance was effected. The supply of Sheep and Lambs this morn. ing was 2,746, being 507 more than last we, k. A fair de mend, and last week's prices fully maintained. 131ark.faced wedden in the wool, Gd. ; shorn hoge, front 4.1. to r:d, per lb. At the close of the market a good clearance waa of SHIPPING INTELLIGENCE. CASUALTIES. Inds, Ilobhs, from Madeira to St. I'etenhurg, %Lich put in here yestenlay to stop a leak, has been surveyed, and must discharge.—Cowes, June 1. SEAROILNX MAILS. [ft *hides that the outdo ato went [non the Gaon] P 4 t-alko p , the night —sod M ti tho 11601 . DiNg patch. Dip whim madam, k tine wt. - COUNTRIVL in 1 Amer.. • P fat wi Moe London dematebett . due. America(byttriLpeeket/t lame 4 -. A serleattlytinitmt tatass I pia) ...................P June 1 int rii nit.vt • .ntateeek 5' June 9 Australla(Ma Soothamt 1 i ton) Ditto (via Illareelllee) N Dover ..... ....I Ditto (ela Cape of lipid (lope) . N Angell 2.. unp, ( Aram Waal) .../k trip of the moat! rit month .. June 3 tlesandris• P 1 IttliAlAth of mon. Dover rept= N . mil, lever Bmil ~..... ......... ....JO Ph of the month inesthunston. June 15 Manes AM. .11 et of the tootth Nouthemottio. June 16 1 '4lllenda N Intialltrof well) Matinuepton. J nee S .epent Hoed Hope 21 I Stiof 1.114 Cape de Verde 11 Aegert S Usuetentueepte • It IMO th 27 thof rots i Miter Astral America ..11 Jodallthof reenth I Mutlam.plas. Ilene 8 .Itannei Wm .............1. ti100.,10.4.,&Vri51. louthaumaort.i ru ThAe L'ltilt ..... .....N ted&lttLot er.oll• , othadiPtoe 'June S "ranee H0e5e..............—.N ;thlithr thof mot- Isever Hamburg ............--N rumetm a frets) (Paden tlonitd ..... N Wednee. & Natty . (Andes ' 'fti.Tatt :MMus's N 17th tithe twat .toutteropho ;June 20 freleind Id AN 1 helm eatty tadialvialouth moot • ti !Nth of the aler.th •ouil anti ton. June 20 ladle (Ma Mmiellirei Nl , (thetittli at month Dever 'Jame a India (Ma Cape at Cram .. Hope) N 15th of the month Irlymnuth ..,1 Mauritius N N. of the month •Plymouth i Meditermateea(vla Ana' i araptai) a lllloth of the month ' . tostiaraptot. Jam 17 Idta(ma elemeillier) N Stead Ite n: nit.Lth I Meet ream 11,2 mt of the month,Motlautotot...ettee 5 Padeira hi Illth of the mood ' , outkianiewr . ; lase IG Me monl I ver m ",, ...... .... ....... N 1 i tit T h t thoit t s t"th f ,lS, - :t t u 1 June 10 %apt...a— ...... ...... P :4%13011.'000f moo' Omer . June IS Pape: NUM, .............N Steil. , thiStsat n.o.- Josef Jun. 11 PenvAoli 9 ..,—...-.. Ti' 1th17 , 11.7t1vn(tu ,, , ,-, uuthamplo6. !Jane IA Peru...... .N ;NAM: 010 month -notilltareptat.;Juse 5 Tuscany.. ...... -. Nlul%, b• z 41.11,...a. i Dtrver "0 -ielke . tasesers — . N I Van Dalawn . s Land (a al Australia) • l!be ooti'm to One 4oOntelse thus 1/1•1111).) 1.) art ettoot. O J r+eltrark.t win Muvelll.4. The l dia mdl, els Bun - himpt , will be ie side up on thiseernui, of the 19th instant, In issaseiin nee of the 2 , lth fAllinif m si - Lust t The l'enioiulsr wall snit to isle up un tba nuietung 01 the instant, in ionisque . to of to :Ttb Whine on a bonds,. ARK I VED. Avi v —at Liverpool, June A, trout ... ParAba Auarses -at Liverpool, June 3,8 urn........ ........ -.. .......... Africa Ai...WM-at Liverpool, Jinx 3, from It. Itichstre Ano e -at Grerviteri, June J, from ................ Biala Aura-at 6111,11. nd, June 3. front Aiiwcsa Colman , . -at Gmveireni, Junta, h0n..... %air Vora Banned.. -at Graverend, June 1, tom Charente All/A.116-at Gravesend, June A hum Bernath Br. a .1114111-at tirtve.4.l, June 2, true ............- ..... Cs nate 8.J.1111-11 --et Bristol, June 3, from HARROW..Are-at Plymouth, June 2, Ines It ivarmah COSA— et Deal, Juno A from Aimaadria Unsatnrra •i at I iverpoul, Jun 8, from Milano, Can oa-at Gravesend, June 3, from Leghorn Cierearman-at univeventi, June 3, from CIIWTIAA -at Gravesend. June 3 from. Can Cl.Ali;7t &ureteral, June X, f r , m .Aleurairta CITY or refs svi TAN—at Grarnured, Jane 2, be......... black Ms Cimiutrra—a , ti. arenend, June 2, from Lkuiummu—at Gravesend, June 2, from ,. Grenada 11. natca —at Ilierpuol, June 3, from Alexandria Ura Ttf.ANA—at Liverpool, June 3, AICILMITIA Errarteraer. —at 11ua, June 3, from \ew York I P.m., —at Brittnt, June 3, men .............«............ Lirina • • .. - Easauts-at Bristol, June 3, from Fur-atLiftipuul, JULIO/ 3, from.... littalad PAVOSIIII- at IS! iatol, June 3, from GLIPINLO -at Brum!, Jure 3, from .. ...-... ....... .........Dernersra 01.1•1-110 -al Liverpool, JIM, 3, hum. .........inthara CAIILLLS-at Promo!, June 3, front - Fatras ONOnan-at Gra,cnrn+l, June 3, from Massellks Goat lama -at Graveaend, Jane 2, from Maar -at Gralearnol, June 2, from - . ..... -..,.Nantas _ II Stan-at Gravesend, Juno I, from Han dout Hsuar-at liverrool, June 3, from Nubia HnnitalßA MULLS -at Liverpool, June 3, ham „... Donuts Inca- at Falmouth, June I, from Odom JULIANA -at Deal, June 2, from Westward Kau-at Falmouth, June 2, from , limo or Iran-at Liverpool, June 3, tram Lanai ' LINDA-al Liverpool, June 3, 11,011 Lossausoa-at perpr . 4 June 3, from -.... Leanest 1., drown at Liver . Jure 3 Lontwoopoo -at Liverpool,: J uue 3, from Metal Lasma -at 'truant, June 3, from .. tans Lanai- eaf Falmouth, June 2, from ...... M. Vann folorces-at Falmouth, June I, from MASOARIT-at Falmouth. June !, from Morita. McneranaLta-at Kolinouth, June 2, from... ..... -.."- •... Odeon Mamma -ad Plymouth. June I, tram - lisurnite Nonroix Lon-at Graemand, Jana 2, tram..-..„... ........ Dada Namum-at Gravesend, June 1, from - Lisboa Man-at Falmouth June I, from Nerrenr. -at Falmouth, June I, from . „... .". Odom PAirlifun-at F3lnfonth, June 2, from Odom Paaar-at (ham send, June 3, from Gods Purist Ur Tana..-at Lint f pn „ June 3, troaa-Trisre and OM Ft. uso -at Gravesend, Jodie • from Casa Ilawoosa-at Falmouth, June I, fr0m...................... - Ode= linuune-at Liverpool, June 3, fr0m........ ......... ........ClisrleMa Ro-a--st Gravesend, June 2, from Fuels dravausto. -at Gravesend, June 2, haft.-- ..... ....... Sydney NueILaNAT-al Grave...and, June 3, from Cluthen Boom NAN,. tn. f.)-rt Liverpool, June 3, tam...-. New Tent Nero-at Cosec, June 2, from MS Vivacious-at Gravesend, ; Joule 3, horn ....- .............. ..I.l.bra V macivor -at Gravesend, June 2, from WiUmuanos-cot Gravesend, June 3, from Paden Wsvess oft Dover, June 1, from Ligkei Zaramo--at Briatiam, June 2, from --Ilan Stefan* SAILED. Szorsono-tram Liverpool, Juno 2 4 to &MS IL U. (ii•IROOM-from tireveleiti, June 3, t 0....-....- Mount , " CAIWLI , I-frout Graveeend, June 3, to k m .. I 041.11111 A-17011 Liverpool, June?, to V Dosit-Irani Liverpool, June 3, to ....lketto (lento-ham Orteeeend, June 3. to C. Coat them-tram Gravesend, June 3, to Mutat Gianni! -Jr.ia Gravesend Joe 3, to ........ ..... ...... ....VOW w le t-trom Greve , end, June 3, to . Carta JOHANNA-frees Laverpnel, June 3, to Whirr liAlilf :KUWAIT-tram Gravesend, June 3, to Tye* II "Acme. or LONLIONDAILIT-Irom Graver, not, June 3, to Atettald Rozerso Cseetz-hoot Ptirrouttt June 2, to 2 5 21 0 lita Ft. rest - tem Gravootod, June 3, to .......... --...-- CM , tiAtule--tron Lteerpuot, JUDO 3, to ....Ate VESSELS SPOKEN WITH. Bengal (Armenians slip), from bingapiire for London, April 6, M. &, 100. 3 W. Dido (brig), of London, for St. Vincent; and Foliyoe ;barque), San London tar the Mauritius; May 2ti, lat. 45 N., lon. I! W. Earl of Balsarrw, tram Hotabey to London, April 30, in lst. 14 N. lon. 34 W., by the Adrian. Victoria (brit), how Buenos Arai for Llverpol, May 2, 2;3 N., 10ci.M.43 W. BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. ARKSTRONCL—May 31, at Mamml-terrace, Claphsun.r•-11, the wile of E. Armstrong, FAq., of • dAtalner. CARERAE. —May 31, at :CR folk-erea,vnt. ll.lt.patk, the a !T. Carnue, Vaq" of • daughter. FULLERTON —May b., at rek.ereweent, Portland-place, :P., *lt of 1). Fullerton, Itaq., of • daughter. JULIAN.—May 3d, at Wellingtan-equar Cheltenham. the ..'! of R. 31.11i517. Eau, of Crotts, Kerry, behold, of • daughter. PARRY.—May Al, at WurOung, the wife of I' d. r. Parry, 1.+,, 2f th• Cedars, nonnlng-hill, Berke, of a daughter. SNORE.—May 31, at Tunbridge-wells the wife of B.N. Fhorr.LNI Bengal Civil der**, of a sun. TAGART.--Juse 2, at 2, Carlton-oa, Et. John'swOod.l'e P Flnnew Tart. Esq., of • son. MEW—Juno 1, the wife dE. L. Webb, Esq., of Elisahr.h 4 ;rerb Eatoit-square, of a son. MARRIAGES. GUIN—MARKRAM.—June I. at Great !rusheeley, Ewes, ht :he ree. Archdeacon Beatteci, Prebendser of Vlestmorster, tt• Guts, R.N.. only son of Lord U. Guitt, to helms Catho.n., Laura, eldem daughter of the Rev. G. V. Markham, (Nana of %%mos. RTft. ANIUN— eMlTll.—Jime I, et thetUtbolie tkmpel el ft. nter sad Pub. North street, Wolverhampton, by the Res. P. P.. , " Its• J. Stanton, of Tower street, to Margaret, 'Weft daughter, el Xr.C. Smith. Ploontabory. TREVELVAN —BOLIVERIE.—June I, at ft. George's. lis".'" e ' square, by the Rev. C. Medea, W. P. Trevelyan, vue,vst roc of the late Archdeacon Trevelyen, to Maria, third daorlSl" o f ilra Hon. P. P. Itouverle. BOWRILR.—Juse 2, at South Case. bj Y. Inman, Henry, youngest POD of %WWI WIDOW . " , w ho Pinehley, Middlimx, to gersh, second daughter of Henry mer. Eq., of Esaftest.grasire, llonden. IIgATII S. BURNABY:Jane 1, at lokeesersbire, Cot. J. D. Boman!. omeWl of the Ist Re/t. of rtra. or Graradire Guards, Dep.-Lsem, a Mapotrate for Leicestembire, aged 78. —May 30. Elizabetb, wile of C. Hancock, Os. fool-termer. Upper Holloway, aged 90. h: un r HUML—June 9, at 38, Oxford-terrace, 1100Pul 10" er beloved wife of Joseph Burnley Hume, Esq., and eidest d.O M of Orome Henry Errlngtort, Beg NICHOUSON.—Jane 1, at South Mims Vicarsge, the Be , . T eboloot. Visor of %hotplate. seed 37. PALMER.—June 1, Mr. J. Poiret . , of Abbey-ereert. Beth. ARM NANT.—Juos I, at Upper Philamore-plaos, liensineWo ..tow..— Klima. relict of the late T. Remnant, bag., of Upper lienuonth aged 81. TANN BR.—May $l, at Qweemstreet, Exeter, Mr. T. B. TARO, 8 8 8 W SC • - • - Printed sild published Wn.uen Klee tleute. No. 8, L" A15". .....t. area, tbe qt of Printer. a Ike Oeke. tot " area. itt tbe weskit el Whitetrats.—TuDee, Jam A T" AN a re bete Pre WOW, am Of wen he d In t jaw ' , metre 1 iettnatee re ruler overland putaltsbed It :Oen on Orli. BA 10 , 4 , bawd which A slaty year M011:1 killlo IMII. The eon Opineun re " The' papers. I nestina number filly pup a. Olks. THE mot Loy I X oN June', weaid, by of expens Editorial A Santee Prase; An Enitir; V.:MI .1111 4 • nit tufo of the ship of Uic Latent LI the Preito for the Ch, PAPER i only &d., 1 1 No. 12. fic CP order c NATI A /beim bibbed in Plll , by of the tertitvor istorttief, Yeruy *ow liaDil D ewx t.f coopkim tioni ; tte their silt Other Midi to it. mem lutered The Oil Depoeitotii the rreani tiun, •it Amoral ri TM , De mina of provtownt Vul mih at the Ile. tlin.t.,llosu Al , t I. Wet stru, ketAlere . Te THOVIAI CeItRAT HI CA1,10.. ROOOneet F u c a IN] : 190 .] lief•011-neo arus at the startle , t Cure No. 7 Dudes suilsori.• maisters,l 14111,0 and II lb. ardor* by 184 — diaTfeei re pi • cee the par teeth the or elletually soieratione Impute to ea the hen Omen, aft the skin, i wrapper Batton Gai as eob b ChM ttl -=~ FOIL rATENT JAIIEII 1 • 4, I den; Nom when quiretl. TI nom lingl tobatba, Ju with roam, atlaelt 'o la to J. 1.. lIA with nun* N.B. VT Bllltard Ta Sad Pa•kla size to eerie AnMil B. C. Da' Second N Pon fy Brett Put Hall Dix( held slur for the we Bdiuhurg received} along idn and Enco afternoon brought d dergo rep. was Inked • having ur Bort-Ad. . the Excel brillton target. AVe nn 40th R ei d Australi a, Cryloi t , a sriousl r a. and the 51 Smrs W . taelm nd privi!t e eh to tail by tbege ' these vv.( and Port 1