The Express. — London, England, 1853-01-21 00:00:00

THE EXPRESS, FRIDAY EVENING, JANUARY 21, 1853. Kau) intelligence. EQUITY COURTS.-YRSURDAY. rFuss tonMiarsa se vas IWLL.. _ PULL► AMU KUMiIIiIIiDTATIU CUMPAMIT •. itvinwx. object of this suit was t., obtain an account of certa.n moneys the proceeds of the sale of several denominations of shares of urge amount in the North Brine d% Railway Com pany, the property of the York and North Midland Rail. way Company, which had beta sold by the defendant. It appeared that defendant had paid the amount of the pro ceeds of the shares, which amounted to more than 6 , into the York Union Rank to the ereditof ea account whic h the railway company had with the bank in respect of these shares, and the only paint of dispute between the parties 111• s as to the interest. It being alleged on the part of the plaintiffs that they had been charged with interest at the rate of Bee pt.r cent. by the bank, which interest would have been considerably lessened, and, in fact, the balance turned the other way if Mr. Hudson had psid in the sums he re• seived un the day that he received them ; and that, on an account being taken on this principle, there would be a saw of more than 2,0001. due to them, On the other hand, it was shown, on the part of the defend int, that he had paid the banking account against the company, amounting' to 60aelli., and st was contended on his behalf that there was a balance of 1,600/. due to bins. His Honour directed that an account should be taken. Mr. roller, on the part of the defendant, urged that the bill ought to be dismissed with costs as far as it sought to charge the estates of the defendant with a lien. Ibis was a mere matter of account in wbieh, to make the most of it, there would be some 2,0001. due to the plaintiffs, and they bad chosen to charge that defendant, out of the sums he had received belonging to the plaintiffs in respect of these shares, had bought the Londeshurough estate, the Newby part estate, and his house at Albert-gate, and had regis tered the lien in that if Mr. Hudson hail wished to charge those estates he might have found it difficult to do so. Mr. It. Palmer, for the plaintiffs, contended that this allegation hail not increased the costa. His Honour said he thought, under the circumstances, the bill ought to be dismissed with costa so far as regarded the lien. 010 , 0111 bewalaßtELLolll Sea W. Tu■ RED. TUE UNION BANK OF AUSTUALIA. Wu.Atxson e. Critxues. . This was a motion for an injunction to restrain the de fendants, the directors of the trnien Bank of Australia, from making any division of profits, or teansferriag the shares reserved for the proprietors otherwise than in pro portion to the number of shares held by each proprietor. The company was established In 1837 as a joint-stock banking company under • deed of settlement, by which the capital was to be 500,0001., divided into shares of 251. each, with power to the directors, v ith the consent of two-thirds in value ot the proprietors present at any special general meeting, to increase the capital to any slain not exceeding one million, by the issue of new shires of W. each, the right being reserved to the old shareholders to take the new aba-es before they were offered to the public. The whole of the original capital was paid up, and by meio tic, a passed in 1840 the capital was ineremed to 800,0001. by an issue of shares, each proprietor ot two old shares having the option of taking one new share. The whole of the share.; were thus taken by the proprietors, and the whole 231. on them paid up. In 1841 it was again determined to increase the capital to a million by the further issue of shares of 251. each, the holder of four old shares being entitled to one new share. On these last shares only 21. 103. had ever been paid up or called for. The plaintiff was the holder in this third class, and filed the bill on behalf of himself and all other shareholders in the same class. In 1847 the directors had found it desirable to con tract the capital of the company, but being advised they could not legally do so, but that they could invest the unemployed capital in the purchase of shares, they d. ter mined to buy up all the shares that could be had at par; and previous to October, 1848, they thus became the owners, on behalf of the company, ot 4,5.51 shares on which 251. bed been paid, and 824 on which the smaller sum had been paid. At the generanteeting of 1832 it was proposed to dispose co these shares at the market price of 421. for those on which the whole was paid, sad in the same pro portion fur the others among the proprietors in pro portmn to the amount of paid up capital ; and at the same meeting a dividend of 6 per cent. on the paid up capital was declared, and • bonus of fifteen shillings per share on the shares on which 231. was paid, and in the same proportion on the shares on which data lesser amount was paid up. By the 33rd section of the deed of settlement, it was provide.* as follows : " It shall be lawful for the board of directors (subject to the provisions next hereinafter con tained), to declare • dividend or dividends from time to timenut of the profits of the company, to be calculated on a statement to be made to the proprietors at the annual g 1 meeting, as hereinafter provided; and that it shall be optional with the board to apply such dividends either as • bonus to be added to the respective shares, or u interest or dividend on such shares, or on the amount paid up in respect of such shares, or as part beau and part interest and dividend ' or otherwise, as the may think most expedient, and to divide such dividend or bonus into as many equal parts as there shall be slums then held in the capital of the com pany. By 44th pestle, fall power was given to the direc tors to regulate and Nano' the affairs of the company. By 57th seniors** preprieton, with the consent of the board of direetare. wen to have liberty to pay in advance the capital subscribed for by them, and to receive interest not exceeding fiver, legit ten such advanced capital. By 107th section the sMseMbien as between one another were to be liable fur the doles said liabilities of the company in proportion to their abate mid latereet for the time being in the company, and net *other or otherwise. The bill was filed by the plaintiff es we of the shareholden of the Seca series, on which 21. 10► bad bees paid up, ea behalf of himself and all other shanhisiisas be the eon class, and prayed that it might be defferod thee tbe plainigf sad the other proprietors of sees til. shares sf the YW series is the said company, were waded be share egnally in the profits of the maid °mussy with the reprise= ef the other shares therein, according to the umber of show MU by them respectively ,• sad that ell dividends 111111 bemuses thereafter declared est sf Ilbe posits ought be be divided into as many equal parts 'ethers was shores is the our way, sad not is paper lea M Ohs meant of paid up mgt. tal in reopen of seek shwa. And that it might be declared that the shares reamed fir the Freidman ought to be ap pavoned amongst the plaint and the ether proprietors of the new 113 i. shame of the third swift, sad ell the other proprietors in properties to the &nether of shams held by each pearieear i and Mafia paw to tho paid up capi tal. And that the deffailes% the dinners of the emptily, might be adenoid Se We the plaintiff sad other holders of '2.SL awes of Mild Miss who might be willing to . tcypt thee. the shesheywileit to t be entitled to on that principle, the ginietfir pay 421. per share for thee; apes phiskT4 h . had hoes paid, and 41.4.. for those on whisk IR 10e. had bow paid. Aad for the impute tiara before Mod. Mr. Holt usli lir. Speed, for the plaintiffs, altar going through the wanness of the deed and the resolutions, as before set eat, esaileadod that the 33rd section directed the dividends to be paid according to the number of shares held, and not on the paid-up capital; end that as the 107th *nun nude each party liable for the losses of the company to the assent of his " share or interest " in the concern, it was only reasonable that he should share the profits in the nu role. That the proper tonne would be to calculate interest on the paid-up capital, and then to divide the rest of the proem among the shareholders in preportioa to the number of shares held by each. That the ahartholders might be sailed on at any time to pay up the rest of the capital, and could net (hinters make advantageous use of the money. Thu Solicitor-General and Mr. Selwyn for the directors, untended that the proposal of of the plaintiff was cont rary to all natural justice, as well as to the provision of the deed. The 39rd section gave power to the directors to pay either as interest or dividend or bonus, for the very purpose of meeting such a we as the present. When the same amount was paid up on each share, it wee immaterial how it was paid, hut if an unequal sum was paid up, then the directors could pay as interest and not as house ; and that the plain tiff had for ten years seirdeseed is the present mode of merest. Hr. Hu ss% Q.C., and Mr. Hohhonee, appeared for the old shareholders, and contended that the suit was defective, not having the different clues of shareholders' property represented. Mr. Holt, in reply, argent that there had been no ac quiescence, but the prolta had only lately become sal& Meat to make question of any great importance. He then offered, on behalf of the plaintiff, to waive any answer in the suit. and take a decree upon the prawn argument. The Vice-Chancellor inked if the other side would do the same. Mr. Selwyn declined to take that course. His Honour then said-1 do not think I should come to say different rionelssion by reserving my judgment, and therefore shall proceed to giVii it at once. I by no suns think the cue so clear as has been asserted by the defend ants. It was said by the dehadants that it was almost absurd, and would be so °Geoids/id in the City of London, that a cue should be argued to ascertain whether parties who have contributed 21. 10s. should receive the same divi dend as thou who have contributed 261. 1 think the ques tion cannot be reduced to that. I go with the plaintiffs to a certain extent I think the capital was here intended to be divided b into shires sheen of wok with thee to increase the capital y selling sew same and that the shares sue set be be split into freeness ; and therefore ace • sompaay Is Ala a party . aney hold what amount he likes ; bat as M num be definite shares of a definite saminst. L waft _ additiesal shares, as in 1841 and 1842, the empty previous tbat the new shares should be of the sues sedeaat a• weld um, sad it is admitted that every ems Odium shareheiden is entitled to have all the same privileges as the old shareholders, ex cept u an didemi& Thiene the argument, pat the case o an ordinary psetaership wline A and B Wier into partnership with ampital ef WNW, ugh to advance am equal share, but seder as egreemest that A wed set pay up his rut until afire MIN& Can any ono debt that that pones would be • wow sad satinet le shin the prelate suite liable for ths leems,lheisgb &re of hiseepital was pad up osemet dbeingahh that eels green the amtpvieoW It libel the se as if they bed I seassit to Wows a shareholder • I have malmehod the whole of my NOW, but, as you do sot want the messy, I will sot pup ep. Bat it I said, leader skate ICJ, par ties are °sy beloroned to the annual ef the paid-up sepital. I smut admit that; I WA each is interested to the whole amount of his &sus. Therefore I agree with the plaintiff so far, sad should have expected to find that as he would have to share the lees equally with all the other eltareholden, so he would shags the profits. This, however, taut depend oa the deed, sad PM es ad motley wig* I awn eaciains, aided by sink other lights as the rest of the deed throws upon the sub ject. In construing that clause there is a ditlicuity, and until I had the benefit of the argument, I did not see the whole bearing of it. Parties may, of course, enter into any e ditract they phase, and the court must decide here upon the clause what that contract is. My opinion upon it is open to revision, but I cannot come o a conclusion upon it in favour of the plain tiff. I admit there is much that is unreasonable in making a shareholder liable to lees equally with the holders of the 251. share and not to the profits; but there is also some amount of unreasonableness on the other side. lit enters into the contract end say., " I agree to be liable to the loss, and I em content to be unable to force the payment of the whole of my capital; and if the director. have no need of the money I agree to be placed in such a position that I am never to be entitled to the whole share." No doubt that is a position which you must see clearly to have been intended before you adopt it ; but it is not altogether unreasonable. The shareholder may not wish to pay up all. lie may say, Igo into the market, and I have cash enough to pay (or part, but not fur the whole. That may be a convenience to him. The provision is not, therefore, so unreasonable. The great difficulty in the way of the plainti ff is. that there is nothing said in the clans' about the rate of interest. Fur seven or tight years past the interest paid upon the capital ham been from 6 to 8 per cent., and nothing to limit it to that amount. Therefore the whole profits may be paid in interest, and leave nothing for bonus. The clause provides that the dividends are to be Wien out of the profits, and a threefold division is provided for either by paying interest, bonus, or dividends, bonne is to be added to the shares, the interest or dividend to bo on the shares or the amount paid up. The deed clearly looks to increasing the amount of capital, and authority is given to the meeting to make calls, and this state of things must have contemplated the making new capital when all the old shares had been paid up, and then' there would necessarily arise shares on which unequal sums had been paid, and then it would become necessary to pay interest in proportion. This provision In the sec tion can apply to nothing but new shares thus created, and an option is given to the directors of how they will apply the gross suns allotted for dividend. It may be • hardship, it may be unrea.onable, but it is clearly what the section contemplates. Unless I felt very clearly that the plaintiff was right in his construction of this claire, there ere other reasons which would induce me to refuse the in. junction, the result of granting it being that partite would be deprived of their dividend, whereas the plaintiff, who is • stockbroker, sad must have had this matter constantly before him for ten years, and who had his attention particu larly directed to it last July, might have filed his bill and broucht the whole cue to an end before this, instead of which he waits till a few days before the time for paying the dividend before he moves. Oa the whole, therefor*, I have no hesitation in refusing the motion, and I have given my judgment at once, because in a cue of this sort it is most probable the matter will not rest here, and it is desirable that there should be as little delay as possible in getting the opinion of another court. COURT OF EXCHEQUER.—TunaDAT. Menses is Basco. RISCAVI v. TBALLII.-LIABILITT or lIVIBLNDS. _ _ _ This acting was tried on Saturday last before Mr. Baron Platt, when is verdict was given for the plaintiff to the amount of 311. for goods supplied to the defendant's wife. The defence set up at the trial was, that Teakle had in pro. portion to his means—via., 3801. • year—allowed •suMcient sum to the wife to supply her with all necessary clothing— namely, 30/. a year. Mr. B. James now moved for a new trial, on the ground that the verdict waa against the evidence, and that there had been an improper rejection of evidence. It ap that Mr. and Mrs. Teakle, though living in the same were in fact living apart; that the goods supplied were of a costly and extravagant character ; that the husband never saw these goods, and that she was in the habit of ordering similar goods from other parties, for which several other actions were pending. The court, on looking over the bill of particulars, granted the rule. Rule nisi accordingly. COURT OF BANKRUPTCY.—YesmaDay. Bans II& Com MIMI* H 0110.0171., IN RR FRANK CASTELLI. Imo CAM - This was the certificate meeting in the ease of Frank Castelli, merchant, of Bury-court, St. Mary-axe, who had traded under the firm of "Crtelll, Oiostiniani, and Co." The bankrupt, alter passing his last examination, had ap plied on one or two mieseioas to be heard on the question of certificate ; but his Honour bad adjourned the bearing until the proceedings under the joint adjudisetion egainat Castelli and Giustiniani were before the court. The bankrupts, Castelli as l Braggiotti, upon this, appealed to the Lords Justices; and the result was, their lordship granted a first- class certificate to Braggiotti, and directed a meeting to be held for the consideration of Caatelli'm certificate by the com missioner. . _ . . Tbe magnitude of the bankrupt's transactions will be es timated frtm the following balance-sheets, which are copied from the accounts prepared by Mr. Coleman : OBIT OF TRAWL CAITILLI, Whose interest under the artielee itommandite, dated 15th January, 1847, was equal to 3342 trading under the firm of Castelb, Oiustiniani and Company. The remaining portions of interest were as follows: Vincent Cliustiniani • Jahn Baptiste Oiust niani lO-62 Baverio Cutelli 1 Bryro diustimani J Leonardo Ouistiniani 4.62 FMDM Francsooviteh Brsiggiotti -63 62-62 of 10. Bury-court St. llarrnsit, merchant, eamMincing 13th January, 1347, to the rd September. 1850: To monoaidi Os susiguses• ,5101,916 11 1 131.331 19 U 4.4411 10 11 sus OM rafts% re Nsßrace lora It err irk arrow (sr moor of pram Mei rail A.) T. ardires e.r simor gnu" rid& It is war I.lllrt rallealairt Is WIN err 15117 re soma et prime bar liars B ) *SAN 0 T Topl a tmorlia:: giS,ITT IS 11 asolairool - lO,OOO 0 0 J. B. Oluddrl B. coos no B. Olserhud .... 4,000 o I L. Oluelrlor. . 6.000 0 Be *Wm asirls : Om* by F. been! r NOW. Y Mlles to ths abro .... 13,043 17 11 1418,121 H 7 Lois esseat abisopimies se Ike will al Myra pages yip serli sysli Limes le F. 47.111 L. UAW 17 II 41,177 HI 11 016,311 1 5 al. grtl4 6 = l £1,084 111 Lem mama/ vane of their property ompodlla mak oast , partook Ur peewit of tali* sr • to mem to tkit Mak el ars debtors 104%1 6 9 11.620 1 5 119,672 2 4 Cr= by maims telly ism. ed. A. Ditto, partially 'lowed. 8.. w ....... WAN II 9 643,990 1 4 Ditto, held by creditors an useent et third retie, and &anted from dobtors robins 101,211 6 9 743,11111 14 1 By amount of (natal invested 1n the I, of Agars* Mimi and Co., et Galata By F. Onuelli, ...oast M. . Me f 5 By V. Chetelll, amount drawa oat 17 him Leas erneleed th• sale of Ilso. die tetra Jewldlery la 1147 Mill 10 9 By ►. F. Bragglottl, went drawn *dß, 1110..... 919 19 I By laws as prod'5... By had debts 'ls4 10 0 79,406 • / ANKNOIS I I lIUPPL KKK ?? L BALANCE-SHIRT OP PRANK CASTIILLL 'this sheet eaten.e the transactions of the late partnership front the time of termination of cornmaridite, viz., Sept. 3, 1850, to date of flat. Ds. To ereditore on opts amuse% antaseeptaasee £13,749 11 6 To eredittua for 1111•110C1111 bolding orearity to cover sane. A 7,037 4 S 10 erg ditors :or &dean& • partly by eieurity, 8 256,117 9 2 GLatislard„ sad Co., sew Arm 4/1,1110 2 1 To atonal aosonnt— Costalli T. Ginitioiani J.ll. Gloadniaal lO,OOO 0 0 J. Castelli arel 11. Ginstiaianl 4,0.0 0 L. Glestinianl . . .. 4,000 0 0 To mutat lent to V. Caeleah sad paid by him as capital. in additios to the above 13,2771. 164. lld 13,643 17 11 £34,911 14 7 Loss amount iobarquently transferred to the credit of the d.ffarst parties who made anal loam to V. Ciatelll 13,643 17 6 41,671 14 11 -- £360,731 16 I By debtors, good -- 51,793 $ 1 By debtors, doubtful . ...... lova property depckted with. or pro peril thu pincer s oferlualt or. to aurae to the credit of eta debtara 84,914 IS 4 3,099 3 lb By averages 133 13 11 By property 1,133 11 9 Portb,n of balance la des Bark of Esglaad, which Is charred by other ponies By property held by (Milt" fully cov.wed. A Ditto, partially carried, B . By property held by creditors se or *motet third partly% aed dedootsd from debtors as above 33,334 13 4 -- mem 14 10 By Freak Critelli, account K Ditto, ergot= drawn out by him. /7,627 10 9 Low Jewellery 7,312 10 9 701 $ 7 By Y. F. Bromfield. almost drawls oat by b.m by Sauce -1341.90e of elute, 3rd Sept, 1830.. 015,014 13 131,61.4 1 597 2 9 Isd debts 147,193 19 $ it3t0,31 Is I Mr. Lawrance—l am instructed to oppose the allowance of the bankrupt's certificate. I appear on behalf of Messrs. Lafuente and Webster, of Liverpool, who have entered a claim to prove for 6,0001., or thereabouts ; also for Mr. Lafuente, of Alexandria. The grounds of opposition are disclosed by the balance-sheet, arising as they do out of the bankrupt's general transactions. I charge him with im provident trading, not only in connexion with the firm, down to the period of the alleged dissolution in September, 18,50, but with reckless and improvident trading from that period down to the stoppage on the 16th of August, 1851. I charge him—taking his own statement as true—with having dissolved that partnership covertly; with having possessed himeel of the partnership property, in fraud of the joint creditors, and continuing to trade on his separate account ; with having contracted new debts to the amount of, I think, 400,0001. on his separate account, between the 3rd of September, 1850, and the stoppage in August, 1861, making the amount of debt now 'tending against the firm about 470,0001., subject to deductions in respect of secu rities, to which I will hereafter call the attention of the court more in detail. I charge him with having applied, as appears by the separate balance-sheet, upwards of 60,0001. worth of property, so acquired, between Septem ber, 1850, and August, 1851, in payment of the liabilities of his former partners, in exoueration of those partners, but out of the pockets and cash of the separate creditors. I charge him with having, under the false colour and pre tence of being a partner in the still subsisting firm of Cri telli, Oiustiniani, and Co., there having been no visible dissolution of that firm, and the trade being carried on under the same style th roughout, with having contracted them debts by fraud and false pretenees, so as to bring him within the language, certainly within the spirit, of the 3rd clause of the 236th section of the Bankruptcy Law Consolidation Act. Then I charge him, though that may seem a small matter in comparison with the graver charges to which I have adverted, with having expended fur his own private use and support, a sum of 2,8261., bttween September, 1850, and the date of the bankruptcy; I there haring been no profit upon the trading during that I period, but on the contrary, the entire trading having been carried on at a loss of 60,9051. and a fractioa. The general charge of reckless trading of course rests on the leading features of the balance-sheet—the absence of profits, the continuance of the trading long after he was in a state of hopeless and irretrievable unolveney, and his commencing this new trade in September, 1850 ' without any capital whatever. I now propose to ask the bankrupt a tew ques tions. The bankrupt (examined by Mr. Lawrence)—l have been in this country twenty years. I first began to trade in 1836 or 1836, in partnership with several others. (Here the bankrupt stated the names of the partners composing the different firms in which he had been engaged, as given above.) The style of the firm from 1836 to 1841 was " Cutelli Brothers." In 1841 the new partnership was formed, under the style of" Cutelli, Oiastlniani, and C 0.," which has since continued the style of the firm. Our bankers from 1847 to 1860 were Measrs. Roberts, Curtis, and Co. They have always been our general bankers, and continued so down to the stoppage. We had also bank ing accounts with the Loudon Joint-Stock Bank, and the Bank of England. All those accounts were in the name of Cutelli, Giustiniani, and Co. The Arm of 1847 was divided into 62 shares, of which I had 33. The capital brought in was 41,2771., and 15,6331. more was brought in by me a month or two afterwards. Greater part of that sum is still owing by me—abort 10,0001. The gross profit made by the firm between January, 1847, and September 1850, we. 64,217 L, and the losses on produce and, on bad debts in the same period were 79,4061., leaving a nett loss on the trading of 16,1891., irrtspective of the partners' drawings. We agreed to dissolve on the 21st of September, 1860. _ . _ Mr. Lawranee—Did you communicate that fact to your bankers—either to Roberts and Co., to the Joint Stock Bank, or to the Bank of England? Bankrupt—l did not. In the way that the agreement was drawn up I could not do it. Mr. Lawrence—Why ? Bankrupt—l was charged with the fulfilment of certain contracts that had been entered into; and I could not con veniently alter the firm, nor give notice of the dissolution, while those transactions were pending. Mr. Lawrence—ls that the only reason you can give for not having mentioned the dissolution ? Bankrupt—That was the reason for carrying on the basi -1 nese under the firm... . . . Mr. Lawrence—Did you mention the dissolution to either of your banken, at any time between September, 1850, and August, 1851? Bankrupt—Not to the bankers, because the transactions pending on the dissolution were not settled. I continued the bankers' accounts in the old firm, as they stood. I bought goods in that firm to a large amount. lam not prepared to state the amount. Mr. Lawrence—Wes it not upwards of 500,0001. ? Bankrupt—l cannot say. Mr. Lawrence—Cannot you tell by referring to any of your books? Bankrupt—Not unless I go thoroughly through them. Mr. Lawrence—Was it more or leas than 500,0001. ? Bankrupt—That I cannot say. Mr. Lawrence—Was it 800,0001. ? Bankrupt—lt might be 300,0001. or 200,0001. or 500,0001. I cannot answer that. lam not prepared for the question. I entered all my purchases in my warehouse-book or some others; but it would take me a fortnight to go through them. Mr. Turquand, the accountant, has gone through them, sad Rakes the amount 524,0001. ; are you willing to adopt those figures T. Bankrupt—No, I am not : but if he has gone through the book that is enough. Mr. Manisty—You may take it as a fact that the extracts from the books made by Mr. Tnrquand show the purchases to have been 524,0001. in that period. Bankrupt—The debts, as shown by the balance-dust of my separate trading, from September 1830 to Amid 1851, amount to 413,8681., including the debts covered by goods held. I also made L arge payments in that period, by cheques upon my Deakin. The cheques were drawn ia the name of Cutelli, Giustiniani, and Co. I have accepted bills for a large portion of the item of 133,4681. purchases were made abroad, the parties drew upon the house, and I aeoepted in the name of Cistern, Giudaissd e and Co., between September 1850 and August 1861.. Mr. Lawrance—Did you announce to your ..0 _• dents, by circular, or in i any other manner, after fisissarbar 1830, that the old firm was n liquidation? Bankrupt—lt was announced verbally to a seed Mfg person'. Mr. Lawrence—Can you name any creditors of the dl firm to whom that announcement was made ? Bankrupt—Lafaenta and Paiquale at the beginning of 1830—to Messrs. Bucker, to Mr. Ede lman, and to Le Bre tons. I said I was by myself, but I cannot remember the words I need • but that was the effect of it. Mr. Lawrancs—Was any circular written to the creditors or correspondents of the firm ? B an k ru pt—As I said before, in the way the dissolution was agreed upon, notice could not be given, and no notice in writing was given. Roberts, Curtis, and Co. are credi tors for 14,61 W. They hold security for part of their debt. Mr. Lawrence—Have you not deposited with them pro perty of the new house to cover part of their demand ? Bankrupt—As I took away from them documents repre senting property belonging to the old firm, I gave them in exchange other documents as a security for their debt,—not only for that debt, but for any future debt I might have with them. . _ Mr. Lawranos—That is to say, you withdrew securities they held of the old firm, and supplied their place with goods purchased by you since September, 1850 ? Bankrupt—Yee those documents were to cover any debt either then due, fr to be afterwards due. They held 4,6601. of property of the firm, and 1001. of property of third parties. Mr. Lawrance--By " property of the firm," you mesa property of the house of Frank Castelli ? Bankrupt—Precisely; of the separate trading. We took stock every two years. The last time was at the beginning of 1849, showing the state of affairs up to the end of 1848. No stock account was taken prior to the dissolution in 1850. Mr. Lawrance--You struck no balance at that time to show what were the assets and what the debts of the firm ? Bankrupt—lt would have been an impossibility nearly to do it. The concern was to be liquidated. Mr. Lawranee—Tbe first four items in your joint balance-sheet represent the liabilities of the firm, on the 3rd Sept., 1850, at 887,8134 Os. 4d. ? Bankrupt—That is about the sun ; and the let four items on the other Bide, including debts and property. amount to 898,553!. 171. 105. Those figures ware arrived at after the bankruptcy; an additional balance.sbest w,s filed at the request of Mr. Groom. Of the assets, 745,2611. were goods held by other parties, on which &leasers had been made. Credit is taken in the liquidation balance sheet for a lima of 120,0001. on that pioperty ; but during the period it had been worth about 150,0001. more. That Pus WAS all sustained between September Ibso, and August 1851, by the fall of the market. Mr. Laurance—When you began business on your own account, is you say, in September, 1850, what capital had you ? Bankrupt—Such portion of capital as belonged to me from the old firm. Mr. Lawranee—That appears to have been nothing. Bankrupt—No ; 1 differ with you. The figures do not say so. Deducting the losses from the original capital, the difference is the capital still in the firm. I think it would be about 23,0001. The Commissioner—The difference between your joint liabilities and jour joist mem, as stated here, is between lU,OKM. anti 11.00 W. Bankrupt—Yea. Of this my proportion would have been about one-half. Mr. Lswrance—And against that is to be placed your drawiege out of 7,3121. Was not the capital all gone but this 10,0001., the difference between the assets and lia bilities ? Bankrupt—As I understand it, there was a capital of about 30,0001. The Commissioner—lf there is more than 10,0001., the 898.553/. does not represent the whole of the property. You say it was 20,0001. more, how do you make it out ? The bankrupt referred to his accounts and pointed out some items which raised the difference to about 15,0001. Being further examined, he said the whole profit made between September, 18. J, and the stoppage, was 1,7831.; the estimated losses were 60,9051. They were stated ac cordiag to the market value of the property at the time of the bankruptcy. My drawings are put down at 2,8261., but only absut 1,5001. went in personal expenses, the remainder wufor goods, of which the assignees had the benefit. When I received hills of lading in respect of goods I bad ordered from abroad, I used to pledge them, until w.thin 6 or 7 weeks of the stoppage, except at the maturity of the bills. The debt of Mr. Lafuente, of Alexandria, of 2,6911., was contracted shortly before the bankruptcy ; the first bill to ' him was not due till a few days after the stoppage, on the 23rd of August; the next on the 2nd of September, and the third on the 20th of September. I received the bills of lading for those goods on the 28th of June and 16th of July. They were deposited with Messrs. Rucker on the 9thand 11t h of August. I stopped on the 16th of August. I only made up my mind to stop at four o'clock on the 15th. The last advance I receive.; from Messrs. Rucker was 11,2001. on the 9th of August. I drew on them for that amount and got the bills discounted. I deposited goons to about that amount. On the 9.h I deposited the cargo ex Tiber, invoiced at 1,1451., and on the llth the cargo ex Cicely, of the same amount. I have not paid Mr. Lafuente for any portion of those goods; the bills were net due till after the stoppage. Messrs. Sucker, Messrs. Merry and Son, and Messrs. Roberts, were the principal parties pledged with in London. The drafts upon Buckets for 11,2001. were my last transaction of the kind. By Mr. Manisty—On the dissolution in 1847 I was ap pointed liquidator. I bad to sell the goods that were in hand, to collect the debts, and to pay what was to he paid out of the assets of the firm. The firm had a capital in 1847 of 41,2771. When the arrangement was made in 1850,there was not an immediate realisation and liquidation resolved on as in 1847. When the liquidation was complete, my partnen were to be paid their capital. We believed there would be a large surplus. From the position of every arti els we held at the time we were warranted in this expecta tion ; and all that took place for seven or eight months after that date proved the correctness of that calculation. From September, 1850, to February, 1831, the markets rose oon siderably ; and had our property been then realised, there would have been asurplus of above 100,0001. beyond the capi tal of the house. I always gave limited orders for goods, not only as to the amount but as to the price, so as to be under the market value, always anticipating a probable fall. Many orders were so limited that they were never executed. I was frequently urged by my correspondents abroad to extend those limits. This would be proved by the letters of Messrs. Peter Clark and Co., of Zante, opposing creditors. I always calculated so as to have a margin, unless some thing almost unparalleled had happened. In March and April, 1851, there was a great flatness in the markets ; sales could scarcely be made. In Maya decided fall began, which continued till after my suspension. The fall was so great as to create a perfect panic in the commercial world. Such a fall as then took place, in colonial produce particu larly, is without parallel in my experience, or, I believe, in that of any one else. I arranged with tke parties to whom I consigned goods not to sell them without special orders. Believing that things would improve, I sought to avoid realising ? and obtained an advance of 25,000/. • but it was all sacrificed in June and July. On the 30th of Jane there was a report, which was quite malicious at the time, that I had suspended payment. I had 5,0001. at my banker's that day. That report, and the continued fall in the markets, led me to ask the advice of my friends. They asked what would enable me to meet the demands on I me then, and anything extraordinary which might occur from that report. I said 25,0001. ; and it was given me with- . out security. That was lost. I continued to receive as- sistanee, and could have had 60,0001. on the last day. I determined to stop, under the advice of my friends. The markets improved considerably afterwards. Had I held on longer, I should not have been here now • I should have been mote than solvent ; I should have ha d fortune 1 for myself. Any one may convince himself of that by looking at the stock of goods we bald, and at the current market prices then and since. The dissolution was not advertised, either in 1850 or in 1847. I proposed to insert it in the gazelle, but my partners refused to sign the document. I paid the liabilities of the old firm, in the ordinary course of busines. The retiring partners have not been paid a farthing, eit? , er of capital or interest. The amount of 400,0001., for new debts incurred is in respect of all my traasactions in that period. I never gave accept ances, except against geode which I had purchased. I dealt in aers.— =dation paper. I allowed some parties to draw - before t.h-- sent their bills of lada but , upon me they that was for their accommodation, not mine. I value for all those bills. The loss of 121,0001. on the realisation of the property Is estimated from the prices at the time of the bankruptcy ; that loss is entirely attributable to the fall In the markets. The property was it* estimated at the prices of the day, without reference to the cost. I did not force myself on Messrs. Lafuente sr a customer ; it was the reverse. I could have done a larger business with them. Mr. Pasquale offered to let me draw to any amount on their Arm, subject to my covering the bills at maturity. By Mr. Lawrence—On the dissolution, in 1847, we wrote to many of our correspondents announcing the dissolution, and that the estate would be liquidated by me ' • but that case was quite different from the dissolution of 18 50. 1 have stated in an affidavit as follows : "That, upon the change in the beginning of 1847, there was not any printed circular, but the change was noticed in many letters written by the old and intended new firm. That the letters differ a very little in words, and the follow ing extracts from a letter from each firm do, as this de ponent believes, in substance represent them all : " ' London, 29th January, 1847. " As our Mr. Frank Castclli tome time sines informed your Mr. —, our house is about to enter upon liquida tion, and from the Ist of February it will only exist for the settlement of commercial affairs. The new house formed under the same firm will begin its affairs from the same date, and for all transactions you have with it, we beg you will&tide's' separate letters marked at the top N. B.' " London, Bth February, 1847. " We take the liberty to refer you to what is written to you by Maus. Cutelli, Giutiniani, and Ce., in liquida tion, and we have the honour to announce to you that our Mr. Frank Cadent, with several of those interested in the old house for partners (co-associates), has just formed, as well at London as at Manchester, a new establishment under the same firm, and it is that new house which offers you its services.' By Mr. Manisty—l mentioned the dissolution of 1880 verbally to several persons. But there is this distinction, in 1847 it was a liquidating affair ; in 1850 I had to take up the operation begun by the house. The Commissioner—By the arrangement of September, 1850, you MA all the assets, and had to pay all the liabi lities ? Bankrupt—Precisely ; but there were also orders sent out which 1 had to take upon myself. The Commissioner—That is, you took all the assets, and had to carry out all the engagements ? Bankrupt—The assets and liabilities were to be carried over to the old account; but the transactions which were I not begun on the 3rd of September were to be ler my pri vate account. The Commissioner—Did the persons with whom you were dealing know of whom the firm consisted between 1847 and 1850? Bankrupt—By supposition they might know it ; that was all. The Commissioner—There was no notification of names ? Bankrupt—ln the letter that was issued, no names were manliest d. The Commissioner—ln giving notice of dissolution it makes a difference whether the parties knew that the firm was carried on under certain names, or whether they merely knew it to be a new firm without knowing the names. The ordinary coarse in constituting a new firm is to send out circulars. Mr. Msnisty—Certainly, with the names and signatures very often ; but that appears not to have been the canna of business here. Mr. Lawrence submitted that the explanations given by the bankrupt did not in the lean touch the broad proposi tion he had laid down, namely, that every debt contracted by Mr. Cistern since September, 1850, contracted as it had been under the semblance and colour of a firm which bad once existed, but had ceased to exist, was a debt fraudu lently contracted. Mr. Manisty said that a most sifting examination had been made of every paper, book, and account by the as signees ; and the absence of opposition on their part ought to have prevented the observation that they had not exer cised a wise discretion. Charges of the strongest and most iniquitous character had been made against the bankrupt ; but the opposing creditors could not put their fingers on a single transaction in the course of all those years that Mr. Castelli had been in business in which dishonesty, or want of usiduity, or any improper conduct could be traced. The Commissioner—With respect to the charges of fraud in this ease, I think I may dispose of them at once, because on that part of the case I feel no doubt. First, as to the contraction of the debt with Mr. Latinate, of Alexandris, I think it cannot he said that that was obtaining credit for goods under the false colour and pretence of dealing in the ordinary course of trade, and with intent to defraud the creditor. It does not appear to me that the facts at all sake out a charge of that nature. As to the other charges, that the debts contracted since September, 1860, were fraudulently contracted, by reason of the bankrupt I not having given notice of the change of pert- i nership, which was then agreed on to take place, I think that the mere omission to give the' notice cannot render fraudulent the debts contracted by him sub sequently, in carrying on the busine s under the same firm. As WWI observed by the leerneu counsel, if nobody knew who constituted the firm of Critelli, Giustiniani end Co., nobody could complain of any change in the members of I that firm. We all know that large concerns are carried on for years, the firms comprising at one time one set of indi viduals, and another time another. This is more particu larly the case with banking houses in this city; perhaps scarcely one customer of the house knows who the partners are. They who do not know who the partners are, and who do not think it worth while to make themselver se qusinted with the fact, cannot complain of partners with drawing and its not being stated. Then again, if they do know who constitute the hrm, they have the advantage, as stated by the learned counsel, of being able to make the re tiring partners liable for debts that hare been subsequently contracted. Therefore, unless it could be shown that this was done by the present bankrupt with the view of defrauding the new creditors, it cannot be said that the new debts were contracted fraudulently ; and for the reason I have given I think he cannot come under such a charge. The main point in the case, and the only one on which I shall require to take time to consider, is—whether the bankrupt, considering the capital be might fairly suppose he possessed, was justified in carrying on the business subsequently to September, 1850 ; and, if he was justified in carrying it on, whether to the extent he did carry it on, having regard to the capital em harken in the concern ? Because we all know that there ought to be a fair proportion between the amount of a trader's capital and his credit ; with a small capital, he would not be justified in launching out to any extent of spe culation; and whether a business is small or large, this pro lartion ought to be observed. On that point I must look a th, more into the balance-sheets and the accounts, also into the arrangement made for the dissolutiln of the part nership in September, 1850. As regards the charges of fraud, I think I may at once say there is no ground to sup port them; I fully acipit the bankrupt of them ; and, as far as I can see, he will leave the court without any stain on his character by reason of those sharps having been matte. It dons nut appear to me that there was anything at all wrong with regard to the dealings of the bankrupt. With regard to the assignees, I understand from Mr. Cot terill that, the matter having been taken up by the opposi lion creditors, the assignees thought they might be relieved from taking upon themselves to bring before the court the facts which have been represented by Mr. Lawrence on be half of other creditors. Mr. Cotterilt—They have undertaken the inquiry in one way ; we have examined in another. The Commissioner—On the other hand, I think it right to say that the assignees ought not to consider simply whether benefit is likely to result M the estate front their opposition, for without regard to the expenditure I think it would be for the public bent fit, and for their own Interest too, if they brought before the court any matters they thought required its attention. Mr. Cotterill—The assignees thought the matter was so much more warmly felt by these gentlemen that they might very properly leave it in their hands ; they would adduce all possible objections at least. The Commissioner—l also concur with the learned coun• sel as to the great difforence of commencing a business without capital, or with a small capital, and merely carry ing ou a large business. Mr. Lawrence asked for the costs of the opposition, which were allowed. His Honour stated that he should give judgment on the ease next week. THE POLICE COURTS. GUILDHALL. Was. Henry King, Pentonville, and Menus. IVyngt, of 83, King-street, Camden-town, attorneys' clerks, were charged with forgery, and obtain ing, by means of false pretences, the sum of 701. from Mr. Lee, a solicitor, of 4.5, Regent-square, St. Pancras. Sir Peter Laurie said he should grant a remand in this case, but as the most material part of the charge remained to be proved, he would admit the prisoners to bail it. two 1001. sureties each, and their own recoguisances of 2001. each. Bail was tendered, but on examination was found in sufficient, and the prisoners were therefore locked up ou the rising of the court, on the understanding that they were to give 21 hours notice of bail. COTTON.—Livairool., JAX. 20.—The sales of cotton to-day amount to 8,000 bales, and consist of about 6,000 American (1,600 of which are on speculation), 800 Pernam Maranham, and La Oueres, Std. to did. ; 100 Bahia, 641. ; 600 Egyptian, 6ld. to Bd. ; 400 Surat, 30. to 40. The market closes with a hardening tendency, and compared with Friday's rates, prices of American are ed. dearer. Other sorts unchanged. The Atlantic's advice. received this afternoon confirm those previously received. Estimate; are being reduced, and prices had advanced,:althuugh the excess in receipts are nearly 480,000 over last year. MANCHESTER, J• c. 20.—The market opened well, and there was a prospect of a fair business being transacted ; but about two o'clock a pause took place, in consequence of telegraphic announcements that the American steamer At , luau bad brought advice@ of higher prices in the cotton market, and that the Bank of England had further raised the rate of discounts by another half per cent. The two nars sages coming to us east and west, almost at the same time, pretty nearly neutralised the effect of each other; but the last had perhaps the greater weight, and had a disturbing effect on busiae.s. Up to that moment some fair orders tar cloth had been placed by the home trade, as well as by shippers for Inr*.is, and prices had assumed greater firmness. The activity of Tuesday in the yarn market had also continued without abatement; but in the latter part of the day we have had less activity. The American accounts bring quo tations of cotton I cent higher, and lower estimates of the cotton crop ; but these changes with every packet have not much weight here, as most of our business men have made up their mind that there is a large crop, and one so much in exceu of our wants, that a hundred thousand bales more or less need .not have any effect on the present year's trade. The prices of cloth were fully as firm as on Tuesday, and yarns were also steady. CORN.-81/011NOliAlf, JAN. 20.-At Gloucester and Worcester markets, on the 15th, the wheat trade was firm, with the turn in favour of the seller. Barley fully as dear, with more inquiry for all descriptions . Oats maintained their value, and fine qualities were held for some advance. Beans and peas unaltered. During the present week, the transactional reported in the trade have again, been limited at no quotable variation from previous currency. Barley rather dearer, and grinding qualities more scarce. Dry beans rather dearer. Oats realise quite as much money. Peas neglected. At this day's market there was • fair supply of wheat, which was cleared off at an advance of 6d. to ls. per quarter. Barley sold slowly at a similar improvement. Oats less In demand, and rather lower. Peas unaltered. Beans, 6d. to le. per quarter higher. BUISTOL, JAN. 20.-Our market to-day has been well supplied, as regards quantity, with English wheat, but the qualities have been variable, and many parcels very much out of condition. The farmers represent the country dia -1 trial', especially where they lie at all low or adjacent to rivers, as still being in a wet state, and the return yesterday of heavy rains with much wind decreases the hope of early improvement. The demand to-day was moderately good, and the prices of last week's market were supported. In foreign there was not so much business doing, but prices were firmly supported. For flour the market was not very brisk, and prices for both English seconds and American were in favour of the purchaser. For malting barley there was s good sale, and prices advanced Is. per quarter above last week's currencies. Grinding parcels were also worth from 6d. to le. per quarter more money. Oats are in short supply, and there was not a great deal doing, but prices were firm, and the same remark will apply as to beans The following were the priees:-Engliah new wheat, 44.. to 50s. per imperial quarter ; ditto, old wheat, 525. to 60e. per ditto; foreign, white, 54e. to 58s. per 48011 e. ; foreign, red, extra fine qualities, 50s. to 525. per ditto ; ditto, fine qualities, 48e. to 50s. per ditto ; ditto, ordinary qualities, 465. to 48s. per ditto; foreign, hard, 461. to 47e. 6d. per ditto. English seconds flour, 375. to 39.. per seek; United States, &e. sweet, 28s. to 30s. per barrel. English malting barley, ifss. to 395. per imperial quarter; English and foreign grinding ditto, 28s. to 295. per 40011 w. Devon and Welsh feed oats, 18s. to 19s. per imperial quarter; Irish white, ditto, 20s. 6d. to 21s. 6d. per 3201 be.; Irish black ditto, 18e. 9d. to 19.. 3d. per im perial quarter. English beans, 36e. to 40e. per ditto; foreign ditto, 33e. to 361. per 4601b5. The arrivals on shipboard for the week have been :-Wheat, nil ; Oats, 3,861 barrels, 283 quarters ; beans, nil ; flour, N sacks. The official return of the corn inspector dives the fol. lowing averages :-Wheat, 451. 2d. ; oats, 19s. 4d.; barley, 33e. ld. ; beans, 395. 3d. NIWIIVST, Jan. 20.—We have this day a mo derate supply of Wheat, but the condition still bad ; the trade ruled dull without any alteration in prices. The supply of Barley barely equal to the demand, which led to higher prices for all descriptions. Oats, Beans, and Peas remain without change. UXBRIDGE, Jan. 20.—Wheat still comes to hand in bad condition, and the sale is consequently slow; the bestquali ties are not lower in value ; the top price for new is 565. per qr. The best samples of Barley and Oats are ls. per qr. dearer. Peas and Beans more offering, and unaltered in value. Vaiairoan, Jan. 19.—The quantity of grain arrived at our market since Saturday hu been very limited, and prices of all descriptions mast be noted pretty much the I same as at the close of the week, with only a moderate i business passing. CHEESE.—BISHOPSTOILII. Jan. 20.—The supply was rather over 200 tons, nearly the whole of which met a ready male, at an advance of from 3s. to 4s. per cwt. on prices obtained ►t the last market. GOOD NEWS FOR ANOLERB.—Owing to the oonti• nucd high state of the river, a greater number of salmon, some of which are very large, have ascende it than in any season in the remembrance of the oldest angler on its banks. We have been informed by one who is employed in protecting them during the spawning season, and who, since "his arm had seven years' pith," has waged an in cessant warfare against the finny , vibe, that he has seen two larger than any lish of the salmon kind that ever came under his observation. From the above, our brethren of the rod may anti ipate brilliant sport in the beginning of the season, which commences on Tumidity, the lit of February. —Awhile Advertiser. Balance-sheet of Frank CuteMl, trading under the firm of CasteUi, Oinstiniani, and Co., 10, Bury-emir% St. Mary Aze, merchant. Fiat dated Oat 21st, 1861 ; Sled 12th Jan., 1852 ; oonunencing 3 P 2. Sept., 1860, to date of Sat: To written as epos somata saiZeopOusolo SUSAN e I To erodlwes kw ammo (A) loidias reoarity totem woo To creditors for admen (B) will towel oseocky BB4 S6B 4 h o ed 8413,611 1 6 SLUM 14 $ •,1. • • By MA= By 1311441, MIMI, bit Wiaiiii4;;; =wed ( y 0~4 (8) MAO 7 0 $7,075 if 0 .... 60,310 . 11? 0 By Csit•lli. Magdabal. sad Co.. ad ens Costelli . By lows By premium es lib Oldie - 02 a is s 0,844 4 8 Me 2 II giIS,C6I 9 6 In the yeer 1841 I entered in partnership with— I. Isesk Ossteill I. hamisOmesii (a) 10.23 ) snarl allowames sat pa ll. flea* Olnoinkud 10.43 soma mpg { 4. Dinebiges Chisin 10.231 C. MS MOE —. 10.23 I L = 1 (11.111111 --1 " Cammandltalre. 7. OrMeal L TIMM diaMlalial 10.93 9. James Am to. iiiimi Ben& The above Arm was terminated is December, 1846, In January, 1847, a now arm was constituted, consisting of the following propertions: Frank Castel'', 31; Vincent distetiniani, 10; John Baptiste Giustiaiani, 10; Bugle Giustiniani, 4 ; Sarni° Castelli, 2; Leonard Giustiniani, 4; Francesco Franosecovich Brsggiotti, 1. This atm cot tinuod to September, 1850, on the 21st of which month the separation was made in Leghorn, and by the terms of that ' document the liquidation was to be coutanued to December. 1859. In order toiletry this oat, I commenced a new set of books at the date. coeidering such arrangements to be biadiag between ay late pietism sad myself, and I hate propirod my balms. AM la ocefontity thersoL BHIPPINO INTBLLIONAVCB. CASUA - LTIES. Daniel Webster, whist' sailed hence, 16th, for Boston, has put back with loss of bowsprit, &c , having been iO contact, off Waterford, on Ike previous day, with Al. rt, from Waterford to Cardiff; the latter lost main. topmast, &c., and was cut down to the plaukshear.— Liverpool, Jan. 19. Vigilant, of this port, from Danzig to London, which had been put on shore on the NJIC of Norway, previous 19 Dec. 31, was assisted into Mandahl, Jan. 9, and was dia. charging.—Shields, Jan 17. SEABORNE RAMS. (N sifigies that the mails are 'rut Irony the Oo.eet Port.4.Mas the bight—wad M by the sborbintr—neepatcho !Day whets made .pi in Otatral (Mks Lovto3. wnm Amerieei(byßritpacket4, Asterios{by United Sta podort) P asseticatt . 4 i..eitirt;,:pY Anstratla(vis 8. tabus,. too) Y Ditto (via Marseilles) N •Ditto(ria Cape rof Good hope) Africa ( Piot Cowl) _N.' alszsoilria• Won N " broil Samoa Ayres California C:gos of Good Ilopo is Cape de Vends N o.oo4atitinople • NI Casual America M Calomel Wee N . . ........... Preece StltNi Graeoe•... N Hamburg N Wilmot Ilynmath ;Jan. 10 nyi , o ita .. Feb. 11 Dever ...... Jan. 26 i Dour Duly .6outhamantun Feb. 16 I innthamptcri Feb. 16 , Nnithanipt.r a e t h Southampton Jan. 26 41onthampton Jan. 26 Dover Sautkatnpton • Feb. 1 ;I.mtbantpto, Tit 11.1 k. inetabanaptea ,reb. Dover gJan. , Louden lTtlenent. ILundon. ton. nn ,zionthamputn. Feb. 16 lioltheed Twitted% Jan. 2. Feb. 1 Honduras Want latois(vleleatliampt) tadis (via Marealllss) N India (via Cape of Gond Rope) N, ii&satltitil Ileditcaraamqvis south ampule) NI Dltto(•ia Ilaresilm) X 31exioo *dein Walla* N P•pal States. „..........N Ilona romatuy• 4,xt Indio Van Dimas% UM (ter Australia) ...... ;••teathanosn •, Dever . , illioutbatiptoa. tioatbaciptal., ' eloaltaapter Dover *;athart cover .Dover Southampton Southampton 1140:1:114Etpt0I1 1 ( trout want Warn I Port due is dpspatetisd. Englaad. , Avorpeol Jim. 24 tirerde. pt „ Aflo a t •ktatttaaptoa. Jas. 24 , Darer Is 20th of each mouth: 21th of the month; 3nd of Febttlary ; !gird of U.o math: ilVthatOth of won i 1(44 if tl of the month^. ,nth of the month; 21u1St17 tbof month! ICA of the mouth iltth of the month; if tl+l7tlt27 thof men i taitt7th.fm.frhi !Mon.,Wed.,&Prtd ::Stodhar.t of 'nowt; ;Title dal' y 17thl7th2lthef mot. Tustday a Friday Waimea a 11th of the month, Twice daily '2oth 6f the n .,, nth pithE2filkmf month, !lUD of the montk 11th of the munch Ileth at the eluathl ed./Ain, u:teusth: bee of the month; Isl.2ll3dur the 7t0,17th.tv:!4,27th gautl, .1 the month 3tt. I 50251.kut wow 6thl:th2.sthof moI ett 17 th 27 V.of rusr tadtillthor month lthleth!3tktfll.ol., 203111elithefenni:h Jan. 26 Jai. 26 OW. I Feb. 1 IFeb. II Ina. 2$ !ea. 22 liir. ii Teb. 1 IFeb. • The MU& kg lastralia via the Cape of Good Hope are mado np on the Ind of every @heralds mouth. Those made up on the 204 and 114th et auk month via South:mph...a and Marseilles are sent by galling mods at most from Singapore. htsflo an also made op on the 2nd of every alternate month be the Cape of Good Hope. • 13;mails b thole countries this marked (•) are cosine(' by French packet to Marseille& ABB 1 VED. Liverpool, Jan. 20, from New Vora —...anama—at Gravearnd, January 19, from Madras Bratuarr —at Gravesend, January 19, from Malvinas Bowes or ersaava Wl—at Deal, January 19, from Name Box—at Deal, January 19, from Humus Aymara—al the Stumbles, January 19, from Valparaiso Corn—at Pill, January 19, from Cum:mos—at Deal, January It, from Moulmein Gamisann—at Gravesend, January 19, from R. Micbaere Com— uN Liverpool, January 20 Crammer—at Liverpool, January 20, from at. John's, LB Dime us La ,s—art Falmouth, January 18, from ilavannab Mar Bar—at Liverpool, January 20, from Valaa Emus—at Bristol, Jan. 19, from Rio G r anola li Faxnattica—at Falmouth, January 19, from Alexandria Favosarra—off Liverpool, January 20 Goi.onans—at °finnan* January 20. from Calcutta Gams—at armful, January 19, ham —.Bl. John's themoa—at Falmouth, January 19, from Rio Grande Rasmus —at Deal, January 19, from Alexandria 11110111APD31—at Queenstown , January It, from Mauritius Ham—at Liverpool, January 29, from New Orleans Jos. Watisia—at Liverpool, January 20, from . Barbados, Lane anima —at Gravesend, January 19, from Cbina Huainan—at Gravesend, Jan. 19, from . Cram Morautuoca—at Deal, Jan. 19, from Honduras limy Worms— at Queenstown, January 18, from Valparaiso Names—at Deal, January 19, from *ldrilY NIAOMIA—at Deal, January 19, from . . Braumbas Paraaa—at Liverpool, January 20, from Maori* . -,. 20, from ... ArOTIALIA-St Passing—at Live;poJl, Jan. , ilaarawr—at Liverpool, January 20, from Saairoue—off Liverpool, January 20 svainsa—at Gravesend, January 19 from Manilla Town or LivsarooL—at Liverpo January 20, from Pernambuco Wasicsouans—at Pill, January 19, from Galata WATILIUMA-11 QVIIMIIIOII2. Jaaaary five ... Mammas SAILED. Anaan-fine Pill, January 19, to Jit. Michael's Amar-from Dartmouth, January 18, to Cadis Asia-from Millard, January 18, to Calcutta Cniarraut-frog Portland Roads, January 17, to jkl in CAL•COA-from Portland Road,, Jan. 17, to Cant no Jana-from Portland Roma, January 17, to Ode's' Cream-from Portland Souls, January 17, to Caramang-from Portland Roads, January 17, to Valencia CAUCITON-from Queenstown, January 18, to ....Serbian Euoa-from Palm.mth, January 18, to Cott* Earraraisi-front Powey, January IS, to Seville . ELIIA EDWARD-Ram Queenstown, January la, to ISarbadoes GSA/ von PARIS-ROM VOW', Jan 18, to Malta Jess-from Milford, January 18, to Newfoundland Maraosa-from Falmouth, January 18, to . Lyra MRIIMUD -from Poway, January ta, to Launcesum, V.D.L. Oatom-from Falmouth, January IS, to Coutantinople Pamors-from Falmouth, January 18, to .. Van Diemen', land Paanotommom Lams-from Milford, January 18, to Naples Pram:-from Milford, January tB, to Mauritian Itosse-from Falmouth, Jan. 18, to Valparaimo RIIIECCA-from Gravemeno January SO, to Gibraltar SairooLaa-Itorn Falmout h, Jaaaary IS, to Ci. Sol C. Marisa -from Milford, January IS, to Mobile TROMAII EDWARD-from Cork. January 14, to BarbedoM Vnarga-from Falmouth, January IS, I. Leghorn Visitor -from MUford, January IS, to lismanalt Visoornernes COMM.-from Milford, January 18, to Palermo WOODSTOCK -frem Milford, January 18, le GUAM= WATS -Iron St. Ives, January 18, to Inborn VESSELS SPOKEN WITH. Ann, of Sunderland, from Mauritius for Landon, Nov. 23, lat. 35,14 lon. 21.30, out 44 days. Albatross (ship), Gem, from Liverpool for Melbourne. out 23 days, with pso.ea6ars, ell well, I)ea. 11, 4 p.m . lit 8 N, len. 27 W. Baimekpore, from London for Port Philip, Dee. 14. lat. 4 N., lon. IT*7 Brriseo,... from Modem to London, Nov. 17, off St, helm. Charlotte, from Australia to London, Jan. 7, let. I 6., lon. 26 W. China (ship), from %lumps for London, Oet. 9, in the swum of Gaspar, with lam of rudder, and going to Batavia. Glenoreby, from Calcutta to tondos, De 0.13, let. 7 S., toe. 17 W. Mary Queen of Boas (English barque), from Liverpool for Penna. taco, Dec. 10, lat. 3 29 N., log. 3U 15 W. Olive Branch, from Callao, for Cork, Jam 12, let. 49 N., lon. 20 W. Priam Charlie, for Loudon, Oet. 14, In the Straits of Gaspar. Undaunted (American ship), from Liverpool for New York, with 49 days out, Jan. 4, lot 31i N., lon. 994 W. VictoTfrebooner), from Messina for Landon, of Cape de Gotta, 34 days out, Nov. SO. Winefted (ship), from Calcutta for Liverpool, Nov. 23, off Cape I A v ow. Wilmot (barque), from Moulmein for Cork, Nov. 16, lat. it 8., lon. 50 E., out 65 days. Wildandna Marie, from Valparaiso to Cowes, Dee. 30, let. 6 N., mn 32 W. [Advertisement.] FIFTY THOUSAND CURES WITMOVT MMMICIWM by BARRY'S RISTALIMTII Auks 1.00,1:4 Care 45,332 Fifty years' indescribable agony from dyspepsia. sermonises, Whim cough, constipation, flatulency, spume, sick. nem at the stomach, sad vomitings, have been removed by Du meelient Wad."—Marla Jolly, Wortham, Ling, seer Dies, N= Core No. 71 of dyspepsia : from the Right Hon. the Loed Stuart de Decks I :—" have derived considerable benefit from your rood, and authoriee the publican°. of these bine."—Stuart de Denies. Sold la wasters, 3 lb., at 1 Is. ; II lb., al 23a. Super mined quality, 10 lb" at 334. ; 3 lb., at 12e.; the 101 b. end 13 lb. dilative free of earns" by BAKST Do Bs am and Co.. 77, Ilsfaltudallst. London. [Advertieement.)—A LIFE-GVAIDNIAW Corr or TRIO HllOlB or WATIRLOO) CUPAD or R 111•11•771101 eT HOLLOW/Vell 01/1111Olet mat Ptua—Mr. Thome Brunton, landlord of the Water. 100 Tavern, Coatham, Yorkshire, was allieted for many months with rheostat= and rheumatic trout ; his legs were dreadfully painful. end dis fi gured with colones of every hue, frightful to behold. For ten weeks he was wholly unable to walk; the treatment he received from several medicare.° not only failed to do him any good, but left him, in feet, in a coadderably worse condition than before he had re. mune to them. Holloway's Pills and Ointment were at last resorted to, and by their sole means he has been completely eared and restored to health and strength.—flold by ah druggists ; nodal Protestor Hot sears btu gialeneeet„ fee, Strand. London. BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. EDWARDS.—Jan. 17, at Wes:bourne-terrace-road, the wife of L. P. Edwards, Esq., of a eon. KING.—Jan. IS, at Bedford-circus, Exeter, the wife of N. KW& Erq of a daughter. SCRIAN.—den. 111, at Sloasegtreet, the wife of J. Series, Eel., of a eon. WICKEN&—Jan. la, at Queen Annootreet, the wife of J. Wickens, Esq., of Lfziadn's4an. of a sea. MARRIAGES. ELLIS—BABINGION.—Jan. 18, at St. Mary, Islington, by the Bev. C. J. =Mt, M.A., the Rev. C. Elite, M.A., to Sophia Labelle, mooed daughter of the lata M. Babingtos, Eq., of Utility Tem. Lakesterablre. SWABIT—BAKER.--Jan. IS, at St. George's, Bloomsbury, by the Rev. C. J. GoodMtrt, E. Swahey, E.q , of Doctors . ..ems- MOM, and Great Cumberland-plane, Hyde.perk, to Charlotte, sNoire.ixth daughter of the late Sir R. Baker, of Montagne.place, Wiesen- WIIITGREAVE —HODOES.—Jan. IS, at St. George's, Southwark, by the Right Rev. Dr. Grant, J. It. Whitgreave, Req., of Heron. court, Hugeley, to Rains, youngest daughter sf the late E. 0. Hodges, Esq., of istrobeth. DEATHS. ICHLOM.—Jan,I7, at Camiirldie-terrace, --- Mary, relict of the late Capt. Lek :an, R.N., aged 90. Cli All BERB.—Jan. 19, at Hull, Mr. J. Chambers, aged 90. CHEETHAII.—Jan. 17, Charles Arthur, second son of J. Chatham, Em., M.P., Eastwood, Btaleybridge, aged 16. CUMMINS.—Des. 27, at Monkinown, tit. Jobe's, Newfoundland, Jestr Matilda, the beloved wife of William J. L. Cummins, Eq., of the Royal Engineer Department, aged 22 years. EDGINGTON.—Jan. 17, at Brighton, *vine, wife of T. Edgington, Eipq.. of the Old Kent-road, London, aged tit. GODPRET.—Jan. 17, at We.ton-super-Mare, Clement Wilson Mars. infant and only son of the Bev. D. R. Godfrey, M.A., Principal of Grosvenor College, Bath. HARVEY.—Jan. 17, at Barnebury Cottage, lalington,P. Harvey, Esq., aged 70. I'AGttT.—Jan. IT. at Bt. Leonard's-on-See, Major H. Paget, Arent ant-Quartar.Mastrer-General at Cork, eon of the late Gen. the lion. Sir Y. Paget, G.C.13., aged $6. Meted and published by Wits.tar Klee HALM of ?to. I, lesibards stmt. hi the City of Loudon. hinter, at the Mee, la Lobel& WWI. lathe ureidhet of Whitedrlan, FRIDAY, Jana= 11. UAL / , 7 I- vr.;1 . 1, Ctic4 In A 114,1 t ttilo r.abo hi t ch uurg CIIC two. bccie 416