The Express. — London, England, 1846-11-06 00:00:00

the Sean Inn, after a very fair run, barring the water, from Brit to last, of neariy three hour. l wan a beenttfel Ilfty minute.' run, and at a tmaradfam Paw. Been the turiared until the deer took to the river at Bray, ilighßrar king in view the winie distance. Lab) intellistnet. LAW NOTICES.—Titte DAT. COCOA' or CILASCIIIT, Weeludamsr. at 10.—Appsale: Lord . Wightwiek ; Canniehdal v. Carmielassi, (I) Hawke, v. Howell ; Henning v. swinnemos. Vica.CuAsema.omi tiersrs. Westminster. at 10.—Before Sir L. Rhartwell—N Inc unopposed pettier. and fourteen short more.— Bernalning petitions twenty-ris) tor, Grace C. Webb, part heard; Neste V. Pink, part beard. DeIItUITCTI - Xthgbam Baktwin T. Damer.—Before 94 J. Knight Bswee.--Causre de .: Thera low o. Bullock, put heard ; Brighton v. North ; liv er v. Crick ; Attack' C. ; v. Page.—babee Sir J. Wimem.-- Hurd BemPt. Mbe spoke to.—Causes, Dunoonabe v. Le 1 part heard ; Isinegan v. Scholefield (2). by order Fraser v. Jon es; Leigh v. Earl b a les Dole v. Hamilton ; v. kleinhelts bairn ; Bootock T. Shaw ; Preston v. Wilson. ROLLS COLBY, Westminster, at !o.—Causso. ke..7 CorPmeel T. Fowls, part heard; Rey:bell v. Bernell; PUby V. Pilby ; Robinson o. Wall: Knight v. Stanton; Perry V. Stoddsweraft; Attorney General v. kikedalen College, Teistel V. King's Wine; Attorney . General v. Ludlow ; Hopkimon v. Ellis; Ottley T. Gray; STilles v. DOIIOOII. B a tt . or Qmoss's Bown, Weitafrister, at IC—Sittings in Rood BAIL CoOSF (Qualit's Be Westminster, at 10.—Middleven Common Juries—Richards T. Leyte ; Bingham T. Livingaton; Stroll v. eftaraWy and another; Lane V. Temple; Dcaialdwiti v. Player.; Milner v. Patey • Greenhill v. Smith • Thomas r. Hews ; Irawide V. Elliott; Thom; and another v. Jodrell, Bart. • Cos v. Turner; BMA.) T. Day ; Inkams v. Balktley ; Semple COVIAT or Coo mop Pik" We/ketone", at in.— Bßak Middlesex Special Jury.—Wareham r. Prance and othera—Middleaex fm Juries. and --Griffin and another v. Beverley and another v. Reid other.; Jell and another T. Stewart; Martin v. Parry; Thompson v. Gokling; Reeve v. Jordan; Parrett v. Berkeley; Same v. Nash; Kano T. Graham; Harwar v. Brook ; Rkhanivon v. Bruce ; Pater v. Ran ; Lapthane v. Tabberney. The Court will also sit In Banco. Cor.T OF tiCIIIIQUICA, Weatml aaer, at 10.--Sittburs in Pence. Giver or EICRIVIOCIL Guildhall, at to.—London Cunimon Join'. —Birmingham Plate and Crown Glass Company v. Robin"; Richard son v. Qirmichael ; Chabot v. Wild; Tucker V. Barnsley • ray nv. Clark; Downes v. Evans ; Mitchell v. Hunt ; Marshall v. Niusgrove ; Laws v. Butt. EQUITY COURTS.—YESTERDAT. Before the Lord Chancellor. VANDELEUR V. BLAGROVIL-1)oc01.0 AGENCY FRAUD. —This was an appeal from • decree of the Master of the Rolls, and the question was, which of two innocent parties should cuff: r the consequences of a fraud practised on both by their common agent. It appeared that in 1827 Mrs. Bla grove, of Ciifton, near Bristol, granted, in consideration of 2,5001., an annuity of 500!. for her life to Mr. Robert Van deleur, of the county of Limerick, in Ireland. This annuity was charged on the lady's dower and utber property. and she was under the deed at liberty to repurchase it after two years by giving six months' notice, or by paying the whole sum of 2,100!. without notice. In 1830 Mrs. Blagrove was desirous el repurchasing, and a Mr. Thomas Cooksey Yates, a conveyancer at Bristol, who had negotiated the transaction of the annuity between her and Mr. Vandeleur, went to him to Limer ck, and after prevailing on him to execute deeds of release and re-assessment of the annuity, told him ho had not broulht the money with him, as the funds being then very low and expected to rise, Mrs. BI igrove postponed to sell out. I m a few days, but on his own return to England the repurchase money would be ready. Mr. Vandeleur assented, and, in•tead of accepting a eh( quo which Yates had given hint, authorised that person to lay the money out for him in other w ays. had, as appearel from the correspondence, the greatest confidence in him. He had delivered to him the release and r, -assessment duly executed, hut no receipt was endors,d for the money. In thecoure of time Yates made him believe that Mrs.lilagrove still wished the annuity to continue, and h • paid the sante to Vandeleur fur two years, while Mr. Mar ,ve was under the impression that he had paid it off, lann.t, in his accounts with her taken credit for the same. He absconded some time after and died in a state of insol venev, when his frauds were discovered. Mr. Vandeleur then filed his bill against Mrs. Blagruve for the repurchase money of the 'triunity, and the Master of the Rolls held that he was entitlr.4.—The case for Mr. Vandeleur was supported by Mr. Bethell, Mr. Romilly, and Mr. Nevinson ; that far Mrs. Blagrove by Mr. Tinney, Mr. J. Russell, and Mr. Tripp.— Judgment was postponed. Before the Master of the Rolla. HARGRAVE v. HARGRAVE. NEW TRIAL. met y.--The Master of the Hells gave judgment on the op plication male by the defendant in this cause previously to the vacation for a new trial, for tho purpose of deciding the quostion of the plaintiff's legitimacy, on which his right de pended to participate with the defenclant in certain estates devised by one Thomas Hargrave. The former trial was bruit before the late Chief Justice of the Common Pleas, when a verdict was given for the plaintiff. The defendant complained of the verdict, on grounds of misdirection of the judge, and of its being contrary to evidence, and he s.leged that he would be able to procure important addi tional evidence at the new trial, which ho was unable to adduce at the former. His lordship observed that in cases f this kind there often was great difficulty, and if it were not far the presumption of law in favour of legitimacy, it would be almost impossible to arrive at a satisfactory conclusion The presumption was that the child of a married woman was legitimate; it might be removed by proper evidence of the incompetence of the husband, of his absence from the country, or, if present, of the non-existence of sexual inter course. Where there was an opportunity for sexual intercourse, no evidence could be admitted to show that any other than the husband was the father of the child. The presumption was even in favour of the legitimacy, though other men might have had access to the woman. The evidence to the contrary ought to be strong, satisfactory, and conclusive. Evidence of the absence of sexual intercourse might have regard to the conduct of the parties, and the cir cumstances in which they were placed. But such circum stances were of no avail against evidence of the opportunity of sexual intercourse. They could only render the fact of legitimacy doubtful, but could not remove the presumption in favour of it. In this case, about the time of the birth of the plaintiff, and previously, the husband lived in France. But there was evidence that he had communication with his wife. The plaintiff was born on Nov. 18, 1836; and there was evidence that the mother had intercourse with a person in February, 1836, whom she represented to the witnesses to be her ha-band. But the witnesses were not personally ac quaiated with the husband. There was also evidence that the father was, in March, 1836, living for a time at an hotel with a woman whom he represented to be his wife. But the witnesses did not know the wife personally, and the plain tiff was baptised as the son of John and Mary Hargrave, the names of the husband and wife. Under the circumstances, if he was bound to decide on the evidence as it stood, he should decide in favour of the legitimacy. An, however, there was some obscurity which might be cleared up, and it was alleged that additional evidence could be procured ; and having regard, also, to the fact that the late Chief Justice of the Common Plena fur some time entertained doubts as to the correctness of the verdict, he would grant a new trial on the us,.al terms. _ IN RE CURRIE, SOLIPITOR.—TANATIOX OF BILLS OP COSTS.—The Master of the RoUs also gave judgment in this matter, which came before hint previously to the vacation on the petition of Mr. Archer Burton, for the taxation of the bills of costs of Messrs. Come and Woodgate, who had acted as his solicitors in a variety of transactions. In 1843, Mr. Burton brine in want of 3,0001. to meet a debt which a Mr. Lascelles had against him, applied to the respondents for a loan of that amount. They were unable to lend him the money, but engaged to raise it on mortgage, and at the same time suggested the propriety of Mr. Burton's raising suffi cient to pay not only the 3,000/. but also the amount of the bill of costs which the respondents had delivered to him. Mr. Burton declined to nose more than 3,0001., but offered to give the respondents his acceptance for the amount of their bills. This proposal was acceded to—the 3,0001. was raised, and Mr. Burton gave his acceptance, at four months, to the respondents tor the amount of their bills. Before the acceptance became due, Mr. Burton intimated his intention to tax the bills, and this petition was subsequently pre sented. The petitioner contended that the acceptance did not amount to payment, so as to make it ne cessary for him to show special circumstances to en title him to taxation, and that if it did, there were other charges in the bills which, with the circumstances under which the acceptance was given, amounted to sufficient special eir cumstances.—His lordship thought the acceptance was intended to be, and was payment of the bills, that there was .10 unfairness or undue pressure in procuring the acceptance, and that the overcharges did not of themselves amount to sl secial circumstances. He, therefore, dismissed the petition, but having regard to all the circumstances, without coats. Before Tice-Chancellor Wigrom. C'ANTRIELL V. THE BRIGHTON RA:LWAY COMvANT.— BPI. CIVIC PERFORMANCE.—Mr. Bethel! concluded his reply in tl tie case. which was argued partly in July last, when Mr. Beth ell, Mr. Wood, and Mr. Goldsmith were heard for the plain tiffs; and Sir Fitzroy Kelly for the defendant.; and partly on Tuesday last, when Mr. Hominy, Mr. Adams, and Mr. Wray continued the argument for the defendant+, and Mr. 11+ 'theft opened his reply for the plaintiffs. The I ells filed by Messrs. Patrick Campbell, John Tekell, and Th miss Townend, on behalf of themselves and all others t. Ye holders of loan notes of the company, who are entitled t. s have shares issued to them in exchange for such notes, anut to whom such shares have not been issued. The defendant+ are the London and Brighton Railway Company, Messrs. lb swlaod Hill, and —. Crowley, the chairman and deputy. chairman of the company being added as p,r. ties, for th.s purposes of discovery. The object of the bill is to obt. tin certain shares which the comp - my were authorised by act of parliament to create and deliver, in return for los no of money previously borrowed by, and secured by, t.1..e promissory notes of the company. The question upon , he record is, whether the company did or not, in their con tract with the lenders, definitively fix a cer tain period within which the option to convert their loan into shares must 1. *1 declared. The defendant , say by their answer that the tit le fixed was the 15th of February, 184.5, and they have refus td to issue shares to the holders of the notes, among whom are the plaintiffs, she did not declare their option to take shares before that time. The plaintiffs, on the other hand, say that no time was fixed by the con tract within which the, •ption was to be declared. Secondly, that if any period was fi...ed, that period was three years, to be computed from July, 1342, and that they, the plaintiffs, long before that period ha? declared their option to convert their loans into shares; and, thirdly, that if there was a time fixed, as contended by the company, then that the defendants were entitled to a reasonable period from the expiration of that time, during which the might have an opportunity of declaring their option, and that they did declare their election to take shares within such reasonable period. His Hon iur said he would read the act of parliament, and copies of the pleadings, the advertisement, and the three resolutions, before he finally decided the ease. There were some parts of the case, however, which i.'opsared to be free from doubt. Assuming that a day had "lissen fixed, on or betty., whieb the loan-note holders were to declare their option, then time would be of the essence of the contract, and the questions therefore which Ise had to dell& were, first, whether a day had been fixed, and, secondly, u it had, whether it had or not bums waived by the defendants. With property of • ' fluctuating Nature, the company would think it tosceimary to know their actual situation with nkrence to parties with whom they had contracted. It was also clear that the claims of the act referred to mug have been intended to enable the company to perform their contract with the loan-note holders what- ever that contract was. The act as worded contemplated an bow of shares to the parties from whom the money was borrowed, and no doubt it was intended to give the com pany the power to issue shares according to their rontra:t He could not doubt that the shares were allotted to the note holders in compliance with such contract; but upon the question what that contract was, he would not then express an opinion. Before ViceXhanorlior Knight Brace. &WIMPY AND OTHERS e. PEENTor RAILwAT Cox paNY.—CoNTKACTS DT RAILWATa.—The bill in this case was filled for the purpose of compelling the specific perform ance of an agreement alleged to hare been entered into between the defendants and plaintiffs, who were owners of a colliery, f:r the carrying of coals for the plaintiffs at a cer tain tonnage. It appeared that the plaintiffs had, some years ago, entered into an agreement with a company, called the Stackpoole and Tyne Railway Company, for the carriage of coals, at a certain tonnage, for 21 yearn. That railway company was not constituted under any act of parliament, but, atter the contract in question, it became absorbed in a new company, called the Poutop Railway Company, which was regulated by an act of parliament. The new railway company for some time acted upon the footing of tr.e contract, but they afterwards ex acted from the plaintilks larger rate of tonnage, and con tended that they were entitled to d o so, as they had no power under their act to enter into any agreement for 21 years. Having received from the plaintiffs considerable sums of money in respect of the higher tonnage, the object of the present bill was to compel them to adhere to the former arrangement, and to make them refund the money which they hail so obtained.—Ml'. Russell and Mr. Teller appeared for the plaintiffs.—Mr. Bacon and Mr. Chapman, for the defendants, contended that this was a matter which sounded merely in damages and ought to be sent to a court of law. His Honour said that it was clear from the evidence in this case, that the defendants had adopted and acted upon the contract, and they could not now be allowed to repudiate it. If the matter were sent to law technical difficulties might arise which would lead to a failure of justice ; and he thought that the justice of the case was, that the contract should be specifically performed, and that the defendants should refund the monies which, in t.is opinion, they bad inequitably obtained. And bin Honour decreed accordingly. COURT OF QUEEN'S BENCH. ROBERTS e. WILLIAMS.-- . 3IISCONDUCT UP A JURY.— The Attorney-General moved for • rule to show cause why the verdict, which, at the last assizes for the county of Denbigh, had passed for the defendant, should not be set aside, and a new trial hod, on the ground of misconduct in the jury, and of misdirection. The action was brought for an obstruction to a private right of way. and was tried by a special jury on the last day of the assizes. The jury could not agree to a verdict, and were locked up in the custody of on attorney, named Horn, who volunteered to act as bailiff. The judge, Lord Denman, then set out for the assize town of the next county, leaving his associate to receive the verdict. No sooner had his lordship gone than the j• rots discovered that they were much in want of creature comforts, and Mr. Horn sympathising with their sufferings, the whole party adjourned to the town-hall, where, under the presi dency of Mr. Horn, and with the assistance of the notables of the town, some fea.ting, approaching more or less to jolli fication, took place. Et entually beds were made up in the town-hall, and there the jurors slept. Next msnting, after having breakfasted in a substantial style, the jury arrived at the conclusion that they could not give a verdict until his lordship should have answered certain questions which they had to propound. They proceeded, therefore, with the asso• eitte and the attorney ou either side, to a public-house on the confines of the county, called " The Loggerheads," and then sent a notice of their wishes to the Lord Chief Justice. His lordship left Mold, where he was, and went to the "Logger heads," where he found the jurors and attornics. iNo objec tion was taken ou either side to the festive proceedings which had so agreeably varied the usual dulness of a jury's delibe rations under the custody of a bailiff, and esrrtain questions were asked of the judge, the answers to which constituted the misdirection complained of, and were followed by a ver dict for the defendant. On these grounds, he submitted that ' he was entitled to the rule.—Lord Denman said that as the departure from thol usual course must be taken to have been assented to by both parties, and the questions of the jury showed that they had given careful attention to all matters submitted to them, while they themselves exhibited no signs of disorder when he saw them, thr rule could not be granted on the first ground. On the question whether the second ground sufficed for granting it, the court would take time to consider. BAIL COURT. OREYTLLE v. STIZTZ7-itiVilthAL op OUTLAWRY.— The plaintiff in this case was the Hon. It. Fulke Oreville, and the defendants Messrs. Stoltz the well.known tailors in Clifford-street. The present proceeding was what is techni cally termed a " writ of error, for the purpose of reversing an outlawry which had been obtained against Mr. Greville at the suit of the present defendants. Mr. Martin and Mr. Beavan appeared for the plaintiff in error, and Mr. Barstow for the defendants. The case was one of an unusual description, and the question for the jury to decide was, whether at the time of the commencement of the proceedings to outlawry by the issue of a writ of exigi facia:, Mr. Greville was abroad or not. A commission had been bitted for the examination of two foreign servants of Mr. Greville in Paris, who were to prove that he was in that place on sth June, 1845, the date of Coe writ of criflifacins. On the order of the Lord Chief Baron fur the issuing of this commission being read, Mr. Barstow objected that the order had only directed a commission to issue generally, and that in conformity with the statute 1 Will. IV., c. 22, s. 4, by which the judges were authorised to issue such commissions, a suheequent order was necessary, as this order did not show to whom the commission was directed, or where the examination of the witnesses was to be, as had been stated in the commission itself ; and all these things had been put into it by the attorney who drew it when they were not on the judge's order. Mr. Martin argued that the order was in the usual form, and that the proper course would have been to move to set it aside ; but an order under the seal of the court would not be treated as a nullity. Mr. Justice Patteson said that he did not think the order was consistent with the directions of the act of parlia• ment, but he would not stop the case, but give leave to move for a new trial. The commission and interrogatories were then read. Mr. Barstow then obje:ted to the examination of the wit nesses being read, on three grounds.—First, that it was not any where stated that the witnesses had been examined apart from each other as directed by the terms of the com mission ; secondly, that although it was stated that an in terpreter was sworn, his name was not given, which was essential ; and, thirdly, that it was not stated, at the head of the evidence of each witness, whether the interpreter had been used or not. On the other side it was contended that the court would assume that their officers did their duty cor rectly, and that it was not necessary to state these matters in the returns. Mr. Justice Patteson said that he thought the evidence, as it stood, dangerous, but on the whole he thought he wai hound to receive it. In the late case of the " Queen r. Douglas," much discussion had arisen as to the manner and form of the return of depositions taken under a commission, and the court thought tkut they should not be astute to find objections in them, but ought to give credit to them and pre sume they were right unless the contrary appeared. Here he presumed the witnesses had been examined apart, as directed by the commission. With regard to the interpreter, he did not see how it was powible for him to say whether the witnesses were examined by an interpreter •t all. If he presumed that one witness was so examined, how could he say which ? He thought the question, whether the interpreter's name ought to have been mentioned did, not arise. He was not prepared to re ject the evidence, although he admitted it with reluctance, and he would give leave for a motion to the court above.— The evidence token by the Commissioners was then read and proved, that Mr. Greville was in France on the sth of June, 1845. Mr. Rose, one of the officers of the Queen's Bench, proved that the writ of e.rigi facia. issued on the 511 of June, 1845. Mr. John Bevan stated that he was in Paris at that time, and saw Mr. Greville there, and Mr. W. Beare'', Mr. Gre- Tulle's attorney, proved the receipt of _a letter iu course of post from him, with the Paris post-mark, dated on the sth of June. 184.5. Mr. Barstow said, with regard to the issue, that Mr. Greville was out of the kingdom on sth June. He should not go to the jury, but he contended that the verdict should be for the defendant, inasmuch as the proceedings in out lawry did not terminate until October, and the plaintiff, stating, in his assignment of error, not only that ho was out of England on sth June, 184.5, but until the completion of the outlawry had adopte d the whole issue. The learned judge, however, decided that the issue was simply whether he was abroad or not, and the jury returned a verdict for the plaintiff, in error. COURT OF COMMON PLEAS. (Sittings In Burn.) LAMBERT AND ANOTHER V. A BILITT OP PRO VISIONAL Commiraz-HEN.—This was an action brought by the plaintiffs, who were lithographers at Newcastle, to re cover from the defendant, as a member of the provisional committee of the Oxford, Witney, Cheltenham, and Glou cester Railway, the sum of 10391. 13s. 6d., for work and labour done by them on behalf of the said company. The ease was tried before Mr. Justice Vt - ightman, at the last as sizes at Newcastle, when a verdict was entered for the de fendant by direction of the learned judge.—Mr. Martin now moved for a rule to show cause why that verdict should mot be entered for the plaintiffs for the full amount claimed, or why there should not be a new trial on the ground of mis direction on the part of the learned judge. It appeared that the plaintiffs had received orders for plans, drawings, tic., from Mr. Potter, the acting engineer to the company, and that he had employed the plaintiffs under the direction of the company. Evidence was given to prove that in the prospectuses and advertisements issued by the com pany, long ante•ior to the employment of the plain tiffs, the defendant became a member of the pro visional committee • and it was also proved that the defendant frequented the office of the company, and that ho had written his name as a provisional committee-man on several of the letters which were referred to him by appli cants for shares. It was contended that this was sufficient to establish his liability, and in support of the argument the learned counsel sited the 7th and Bth Fie., cap. 110, sec. 4, which enacted that ail persons who shall take part in a com pany professing to be a joint-stock company shall be deemed to be promoters of that company. The act also required that such companies should be provisionally registered—the proposed name of the company, its objects, and the names elite promoters; and the 23rd section enacted that it shall be lawful for the promoters of the company, after receiving • certificate of provisional registration, to do certain pre scribed thing+. - The question, therefore, was, whether or not the defendant bad not, by his connexion with this rail way, brought himself within the provisions of the statute. The learne.l judge, in summing up the case, left the follow ing questions to the jury :—lst. Whether the defen dant was a member of the provi-ional committee, and suffered his name to be held out to the world in that capacity.—Answer: Yes. 2nd. Whether the defendant authorised the committee of management to order such work to be done as might be necessary for the purposes of the members of the proposed company in its then state on his (the defendant's) credit ? — Ans w e r : No. [ The 3rei was a question which did not invoice the liability of the defend tint.] 4th. Whether the work was necessary for the objects of the then members of the proposed company in its then state?—Answer: Yes. sth. 'Whether the work was dune by the plaintiffs on the credit and in the name of the de fendant, as one of the provis:onal committee ?—Answer : Yes. Gth. Whether the employment of the plaintiffs was approved by the committee of management? Upon this special finding, the learned judge directed the verdict to be entered for the defendant. He (Mr. Martin) contended that, upon the answers to the hit, 4th, and sth qiestions, the verdict ought to be entered for the plaintiffs. fhe jury had found that the defendant was a member of the erovisional committee, and had offered his name to be held cut to the world as such : that the work was necessary for the objects of the members cf the proposed company in their then state; and that the work was done by the plaintiffs on the credit of the defendant as one of the members of the provisional commit tee. Such being the opinion expressed by the jury, the liabi lity of the defendant was clearly established ; and he submit ted, moreover, that the learned judge ought to hare put an other question to the jury in addition to the is he had men tioned; viz., whether the conduct of the defendant in per mitting his name to be entered as a member of the provisional committee was not such as would naturally induce persons to trust the company on his credit ? It was contended on the other side that the defendant was not liable, inasmuch as he was not a member of the " provisional committee of manage ment." There was a clause in the prospectus, stating that until an Act of Parliament shall be obtained, the affairs of the company shall be under the control of the committee of management; and it was therefore urged that the members of the provisional committee alone were not liable. lie (Mr. Martin) contended that this argument was fallacious, inas much as the committee of management merely acted as agents for the general body. In the case of Barnett v. Lambert," tried in the Court of Exchequer, it was argued that the mere fact of • man being • provisional committee-n.an did not render him liable, but the court held the contrary opinion. He submitted that upon all these grounds the plaintiffs were entitled to a new trial, or to have the verdict entered for them. Rule nisi granted. PAWS O. BELCHER. REFUSAL OF A RETURNING OFFICER TO ENTEIt THE VOTE Or AN ELECTolt.—This case was tried before Mr. Justice Mauls, a: the last assizes at Abingdon, when a verdict paced for the defendant, by direc tion of the learned judge, with leave for the plaintiff to move for the verdictto beentered for him, with 40s. damages. Mr. Whateley now moved pursuant to that leave. It was an action on the case against the returning officer fir the borough of Abingdon, for refusing the plaintitfe vote at an election which took place in July, 1845, when Sir Frederick Thesigcr and Gen. Caulfield were the rival candidates. The declaration contained three counts : Ist. That the plaintiff had lawfully tendered his vote, and the defendant had refused to receive it. 2nd. That the defendant wrongfully and maliciously declined to receive the vote, or to cause the same to be entered for whom tendered. 3rd. That the defendant did wrongfully order and allow a scrutiny to be held re specting the plaintiff's vote, and did, after such scrutiny, adjudge that the plaintiff was not entitled to vote. It was contended for the defendant that the action would not lie, inasmuch as the returning officer had dune no more than his duty, and that his conduct in reference to the plaintiff's vote was not the result of lattice. He (Mr. Whatecy) sub mitted that the plaintiff had a per:ect right of action, although there might not have been any malice in fact. The act of tee defendant was wilful, and the plaintiff had sus tained an injury therefrom. The jury had negatived the malice in fact, but the defendant had been guilty of malice in law, which was inferred from the wilfulness of the act itself; according to the doctrine laid down by Lord Tenter den. The defendant was told at the election in question, that, if he refused the plaintiff's vote, proceedings world be commenced against him, and that he must take the responsibility upon himself; but nevertheless he com mitted the alleged act of injustice, and thereby rendered himself liable to an action. The question to be decided by the Court turned upon the construction of sections 79, 81, 82, 86, and 98 of the Gth Viet., e. 13, which regulated the duties of returning officers at parliamentary elections.—The Court granted a rule to show cause. PHILLIPS AND ANOTHEIt O. NAIRNE.—In this case, which was an action brought by the owners of the barque Broxbournbury against the underwriters, to recover the amount of a policy of insurance, the Attorney-General applied for a new trial, on the ground of misdirection, and upon the further ground that the verdict was against evi dence. The case related to the seaworthiness of the vessel, and the question depended in some measure upon the con struction of the policy. The trial toot( place before Mr. Justice Erie at the last bitting. at Guildhall, when a verdict passed for the plaintiff, damages 3,0001., the full amount claimed.—Rule /girl granted. THE EXPRESS, FRIDAY EVENViGi . NOVEMBER 6, 1846. COURT OF EXCHEQUER. ender In Banco. - KNIGHT V. BARKER,—NECESSITY TO STAMP BOUGHT Norias" or RAILWAY SCILIY.—This action, which was for not accepting scrip certificates of shares in a certain railway, was tried before Mr. Justice Cresswell at the last assizes at Liverpool. At the trial, a note, signed by the defendant, stating that he had bought the number of shares in question of the plaintiff, was offered in evidence, but the learned judge rejected it for not being stamped es an agreement be tween the parties, and the plaintiff was nonsuitcd. Mr. , Baines now moved for a rule to show cause why a verdict should not be entered for the plaintiff, or for a new trial. He contended that the document was improperly rejected, first, because it was not an agreement—it was signed by the defendant only, and therefore was not liable to stamp duty ; and, secondly, it was a memorandum relating to the sale of railway scrip certificates, which, the learned counsel contended, come within the description of " goods, wares, and merchandise," all written memoranda with respect to the sale of which were exempted from stamp duty by a special pruvicion in the Stamp Act. The Court were unanimously of opinion that there should be no rule, upon the ground that railway scrip did not come within the des cription "goods, wares, and merchandise" exempted by the Stamp Act, and as the broker's note (technically called " a bought note") amounted to an agreement between the par ties, it should have been stamped, and the learned judge was right in rejecting it.—Rule refused accordingly. Dos Dese r. WILKINS.—MR.WOOD'S WlLL.—This ease, which occupied Mr. Justice Maule and a special jury for two days, during the last anises at Gloucester, terminated by a verdict having been taken for the defendant, in consequence of the strong opinion entertained by the jury that the plain tiff had failed to establish his pedigree. Upon the motion of Mr. Serjeant Talfourd, a rule nisi for a new trial was now granted, upon the ground that evidence had been improperly admitted. COURT OF BANKRUPTCY. _ Before Mr....Commksioner. A ROYAL Git)misrTll.oUlll: e . —John Gower, of the Royal Stable., Windsor, one of her Majesty's grooms, was summoned, under the Small Debts Act, by a Mr. Roberts, for goods sold and deliveresl. The case was brought on about a week since, but the defendant not attending upon that occasion, the case was adjourned to this day. —The defendant did not this day attend, ■nd the solicitor for the plaintiff submitted that an order for commitment ought to be granted. He (the soli citor) believed that the defendant was merely an assistant to one of the grooms, and if he had any privilege it ought to be set up when he was arrested.—Mr. Maynard, Lir the defendant, said that his client was not here, and offered no excuse. The next step sought to be taken was to execute a warrant, and his business was to contend that the court hnd no power. If the warrant were executed, his client would be discharged, and there was—Mr. Coirmisaioner Evans Now, listen to me. lhe question is whether your client is to treat this court with contempt. —Mr. Maynard : The Muter of the Horse had called on the plaintiff in respect of this—The Solicitor for the Plaintiff: But he only offered to pay the debt.—Mr. Commis.ioner Evans: I base a strong opinion about bringing him here, and I shall ad journ the case for one week. It is not for the payment of the debt, but for not obeying the procedure of this court. POLICE.-YESTERDAY. MANSION-HOUSE.--The Lord Mayor elect mentioned in the course of the d I, that a paragraph had gone the rounds of the newspapers, stating that it was his determina tion to commence business at the justice-room every day at ten o'clock. He had, he begged it to be distinctly under stood, determined, for the accommodation of the public, not to commence business until twelve o'clock, except upon Saturdays, on which days he should commence investigating into hackney-carriage complaints at ten o'clock, so that he might be prepared to go into the general business of the court at twelve o'clock. He had made the arrangement under the impresaiou that it would give satisfaction to the merchants and traders of the city of London. GI.7ILDIIALL.—IMPORTANT TO CARRlERS.—Yesterday a clerk from Mr. Farey's, of the coach and waggon office, Ram Inn, Smithfield, appeared to show cause why he detained a parcel entrusted to his care.—Miss Emma Hodgkin, of No. 13, Harewood-square, stated that on the 12th Sept. she sent to the Parcel Delivery Company a package containing a shawl and other articles, value 31. 10s., directed to Mr. Shelton, of Headnam, and which was to be left at the defendant's office until called Tor. It was delivered to the clerk now present on the 14th or 15th Sept., when he signed a receipt for it. On the 28th September an application being made fir it, the parties were told that it had either been called for or been sent to another part of the country. Com plainant had made several applications since, but failed in ob taining her parceL—The defendant said that he was not liable, inasmuch as it was announced on the bills that they were not answerable for parcels left till called for, and that no booking had been paid.—Sir James Duke decided that as the defendants had the choice of refusing the parcel, they were, having received it, responsible for its safety. If, in the present instance, they had declined taking it from the ParcelsDeliveryCompany, the latter would have been obliged to take it back, and it would not have been lost. Themoney was then promised to be paid, and the parties left the court. BOW-STREET.—Yesterday Richard Richmond and Cornelius Hopgood, privates in the Scotch Fusilier Guards, were charged with robbing a poor woman of 15s.—The pro secutrix, who was a servant out of place, named Houghton, and had walked from Greenwich, met the prisoners in the park while returning to her home at Chelsea. They saluted her, claimed her acquaintance, and prevailed upon her to walk with them—liachmond offering to carry her basket She gave up the basket to his charge, but detected him, shortly afterwards, in the act of drawing her money from it, and the other prisoner bald her while his comrade escaped with it. She reported the occurrence to a corporal of the regiment, and he caused the prisoners to be given into cus tody.—They were committed for trial. MARLBOROUGH STREET.—Aasartv ott A MAR RIED FlXALF.—Ridaarsi Campbell, No. 8, Oxford Market, and Thomas Ashdown, No. 108, Tichbourne.strewt, de soiked as gentlemen," and having the appearance of per sons of respectabiiity, were charged with having assaulted and beaten Elizabsth Montague, a married woman, living at No. 39, Silver-street, Golden-square. Mrs. Montague, whose face appeared to be badly bruised, said she had been sitting up with a sick friend, and about four o'clock that morning she took a cab homewards, but was set down near Leicester square, as she had a message to deliver to her brother, who lived there. Her brother answered her from the window, and while she was speaking to him, three persons came up, one of whom (the defendant Ashdown) assaulted her. She told the defendant to leave her alone, as she wished to have nothing to say to him, and she then walked towards Oxendon-street. The defendant, fol lowed and again assaulted her. She screamed out for the police. The defendant immediately knocked her down by a violent blow on the face, and ran off. The second defend nit also struck her while she was on the ground, ■nd followed his companion. The effect of the assault woo to stun her for a few seconds, but on recovering her faculties she rose from the ground, pursued the defendants, who wore speedily e .p• tured.—Charles Montague, the complainant's brother-in-law, corroborated this statement, with refer, nee to the cause of her being is Leicester-square at that hour of the morning, and the convers►tion with her out of the window. He saw the defendant Ashdown assault her as described. Ashdown addressed some words to him, and immediately followed the complainant. Witness did not see the second assault, but he heard the screams of the complainant fir assistance. Wit ness dressed himself as speedily as he could, and got out of the house, but by this time the parties were at the station house.—The defence of Ashdown was, that having spent the evening with some friends at the Coalhole Tavern, he was on his return home through Leicester-square, when, teeing a female speaking to a man in his nigh:-drew at the window, he supposed she was a person of loose character, and that a little freedom with her would not be taken amiss. He certainly did put his arm round her waist, but he denied having committed any indelicacy.— He positively denied having struck the complainant at all.— The defendant Campbell treated the charge us a conspiracy on the part of the complainant to obtain money,—A wit ness, who described himself as assi,tant at the Coalhole, said the complainant was very violent.—The complainant declared the statement of the last witniss was untrue. The defendant Ashdown struck her the first Vow, and as she WAS about to rise, she received a blow from the defendant Campbell.—Mr. Hardwick came to the conclusion !hat the assaults had been proved. The complainant had fairly accounted for being out at the Lte hour at which she had been first seen in Leicester-square. She gave a consistent statement of what had recurred, and she had marks of vio lence on her person to show.—The defendants were then fined the full penalty of 51. each, or two months' imprison ment. SCAM/ALM:a OCTRAGE.—Dennis Bryan, Patrick Byron, John Daly, John Lennon!, and IV/Piani McGrath, five Irish labourers, were charged with the following outrage : The prisoners went into a coffee.thop and eating-house kept by . Mrs. Gallen, No. 26, Buckingham-place. New-road, and ordered dinner. They were supplied with eatables to the amount of 4s. 7d. They continued in the house for some time without pa) ing, and when payment was asked they told Miss Gallen to bring them tea. They were told that no more food should be served to them until they discharged their previous reckoning. They refused to pay anything, alleging they had no money, and were preparing to leave the house when sonic of the neighbours and a policeman were called upon to take them into custody. The prisoners then began to smash plates and everything within their reach. They struck at, and assaulted, indiscriminately, those per sons who were present, but they were finally overpowered and lodged in the station-house. A cuff e-shop keeper, in Warren-street, said the conduct of the prisoners was not unfrequent, tts he had good reason to know. It was only a few days ago that a gang of Irish came into his shoo, consumed articles to the amount of 7s. 2d., and then left without paying, alleging that they had no money.—The prisoners, in defence, said thty had been first assaulted, and this obliged them to stand on their own defence. They could not pay for what they had eaten and drank in the house, but they offered to leave their clothes as a security for the debt.—Mr. Hardwick said it was impossible to suffer a set of worthless fellows to go about like banditti, robbing industrious tradesmen of their property in the way described by the witnesses. The pri soners appeared to be aware that the law treated such cases of fraud as mere debts; but he could tell them that this cir cumstance should net avail them to the extent they reckoned upon; for, whenever it was proved that these marauding proceedings caused a riot, or breach of the law in any sh a p e , he should impose the greatest punishment the law permitted. Four of the most active of the prisoners were fined 5/. each, or two months' imprisonment; the fifth (McGrath) was ordered to find bail for two months. LAMBETH.— STEALING AND RECEIVINO. John Phillips and John Me!lord, alias Price, were re-examined on a charge of stealing plated ware goods of the value of AO/. and upwards; and Abraham Deprece, a general dealer, in Petticoat-lane, with having purchased the same, well knowing them to be stolen. The particulars of the case ap peared in our paper of Wednesday. On the former examination, the prisoner Dcpreco said he had paid 481. for the property, and produced a receipt for that amount. On the receipt alluded to being put in evidence yesterday, Mr. Isaacs, Deprece's solicitor, requested to look at it; and, after doing so, he folded it up carefully, and was about is commit it to his waistcoat pocket. Mr. Elliott, perceiving this, desired that he would at once return it, as it formed a part of the case, and the evidence against one of the priso ners. Mr. Isaacs replied, that, with all due deference to his worship. the document had been obtained under peculiar circumstances from his client ; and, as it would form a parti cular feature in his defence, he must decline complying with the request.—Mr. Elliott, with some warmth, observed that he was somewhat surprised at such conduct on the part of • professional gentleman, and that, unless he at once returned the receipt, means should be resorted to to compel him. —Mr. Isaacs, after some further hcsitation,saying he should have a copy of the document, as well as the name of the person in whose hands it was placed, handed back the receipt.—Maurice John Pyke, of No. 7, Tenter-terrace, Tenter-ground, Whitechapel, who described himself as a silversmith, but at present out of business, and a bankrupt, deposed that in the early part of lust month he was passing by the shop of the prisoner Deprece, in Petticoat-lane. and on going in asked him if he had anything for sale ? He re plied that he had some plated ware that would suit; and he purchased a variety of goods of him fsr 211. These he sub sequently sold to Mr. Ball, at Newington, and to Mr. Her bert, at Brampton. In his cross-examination, this witness admitted that he had been refused his certificate in the Bankruptcy Court, that he had been a debtor to Mr. Allport to a considerable amount, and that when he purchased the property from Mr. Dcprece he knew them to be Mr. All port's goods, as they bore his numbers and were wrapped up in the original papers.—The testimony of Mr. Ball and Mr. Herbert completed the case, and the prisoners were fully committed for trial.—On the application of Mr. leases, the prlsonerDepreec was admitted to bail to appear and take his trial at the Old Bailey. THAMES.—TIIItEATENINO TO SHOOT.—.Ifr. Robert Francis, a gentlemanly-looking man, 33 years of age, was charged with having a loaded pistol in his possession, and threatening to shoot his wife, Charlotte Francis. Mrs. Francis, who appeared overwhelmed with grief, entered the witness-box, in which she appeared scarcely able to sustain herself, and was evidently most reluctant to give evidence.— Mr:Tallantine : I am not inclined to judge more unfavour ably of the prisoner than yourself, but I want to know the facts. Had he a p istol?—Witness, sobbing : He had. Sir.— Mr. Ballantine : Did he prew nt it at you ?—Witm ss: I do not know.—Mr. Ballantine: What did he say ?—Witness: I do not recollect.—Mr. Ballantine: Had ycu quarrelled? Witness : No sir, there were no angry words between us.— Rebecca Ford, a woman who was with the complainant at the time, saw the pistol, but did not hear the prisoner utter any threat. Mrs. Francis, being recalled, said she did not know whether he used any threat, and if she said he had, she had done so in the flurry of the moment ; she believed he only intended to frighten her.—The prisoner, in his defence, said he uttered no threat, but merely told her to keep off, as we had been separated for some time. and I did not choose to he subjected to her persecution.-278 K, took the prisoner into custody about ten o'clock on the previous night, in Whitechapel, lust after the occurrence took place. He found in his trousers pocket a small pistol of very neat manufacture. The prisoner had also upon him a silver watch, a bottle of medicine, and 3a 31d. in money. The pistol was loaded with a bullet.—Prisoner : We were sepa rated for a twelvemonth, and she was bound over to keep the peace to me on the kith of August last. The next month she annoyed me again and assaulted me.—Mr. Ballantine: That is no reason why you should attempt to shoot her.— Prisoner: I did not. l had the pistol by the muzzle, and she seized it by the handle.—Mr. Ballantine: Why did you carry it about you? —.Prisoner: Through fear, and for my own protection.—Mr. Ballantiue : You did not intend to pie your teeth with it, I presume. A man dues not carry a loaded pistol about with him wi.hout intending to use it.— Prisoner: It was loaded ever since I was last in Liverpool.— The prisoner was ordered to put in bail, himself in 601., and two good sureties in 30). each, to keep the peace towards the complainant. The prisaner, who is said to be a man of some property, soon after put in the required b a il an d was liberated. GREENWICH.—Mr. Traill requested the reporter to acknowledge the receipt of a 10/. note from M. T., fur the poor-box at this court. RAILWAY NEWS. Yesterday there was a fair business in shares and scrips. North British lines were hardly so firm, i except Aberdeen. In North Staffordshire, after the close of regular business, there was a further im provement to 3 to I premium. Black walls were in re quest at some advance in price, from the reported increase in the traffic of late. Some active dealings were carried on in the Indian lines, upon the revived report of the Indian Board having come to a determination in favour of the East Indian, and Great Western Bengal. The quota tions improved slightly in consequence, but were not sup. ported. The report was believed to be premature, and East InOians in some, rather considerable quantities were there fore ,sressed upsn the market fur money and account. The:e was much excitement in the Liverpool share market, on the strength of a report of an arrangement be tween the London and North Western, and the Ruddcrsfield and Manchester, and Leeds and Dewshary ; the prices of tho. two latter wont up to 51 p. for the Huddersfield, and 91 p. for the Dewsiterys. The terms were said to be 7-10th' of the dividend of the London and North Western, and par ticipation in new creations. Though coming from what ought to be good authority, the report still wants confirma tion. Birmingham and Oxford closed ut 51 to 6. Dudley', 51 to 51; Great Grimsby and Sheffield, and Leeds and Think, were also improving in price. South Eestern and Dovers were likewise in demand, and on the whole there was a good deal of speculation in lighter stocks. At Manchester the share market was very buoyant and active, and a considerable amount of business was done. Prices in many stocks were quoted highs, with numerous buyers, to the close. The business transacted at Birmingham was limited. Birmingham and Oxford Junctions were higher, and Dud leys lower; there being sales in the former at 61 p., and in the latt r at .51. Is. 3d. p.; Amhergates were done at Gs. 3d. p. ; Stour Valleys at 115. 3d. p. ; North Stafford shires at 21 p. ; Shrewsbury and Birmingham: at 6s. 3d. p. ; and Shropshire Unions at 1 dis. The market at Leeds still continues active. There was • large amount of businesi dune, and, generally, prices moved upwards. Leeds and Dewsbury' further advanced from 71 to 91, in consequence of a rumour that the Leeds and Man chester company had made some arrangement, by which tiny guarantee the shareholders in this lice 71 per cent. fur a spe cified term. Huddersfield and Manchester advanced from 31 to 41. Huddersfield and Sheffield from 41 to 41. Dews bury Branches, from 31 to 41. New Thinks, from 21 dis. to 2 di.. Dewsbury Extensions, from par to 10s. premium. Leeds and Think, from 31 to 3 dis. At Bristol the market was better. There were a good many bargains in New Midlands, which opened at 41, and closed at 41. Caledonians were done for cash at 24. Man chester and Leeds Extension, 11. Midland, Birmingham, and Gloucester six per cents., 130 ; ditto Quarter shares, 32. North Staffordshire, 21, 21. Si. 9d. Taff Vale. 1331. Taff Vale, new, 1, j premium. York and Newcastle Preference shares, 41. No particular feature was observable in the market at Hull. Prices remained about the same as on the previous day. RAILWAY SHARE LISTS.—LoNooN, Nor. 5. Nora.—Ths quotations of lines in Roman charoctent denote actual transactions: those of lines in italics &Men' price& PAW. 119/ 20e.i. 2 Mane. Lenin, 1 sharesO 321 3 Do. Fifths I N 1129 04 Do. 3ismentAa 2p. 30 2 424 Do. F.:tampion 1 lip. 51 1 1 140 Manchester & Biros 7 it 5 Dui shares A 11 13 5 Do. Du. l2 1 Do. Do. C 120 Manch., Bus., & Mat!' 11p : 2 Manch. & Southarop 1 104 Midland '133 24 14a New 34f lOU Do. Diem. & Derby 109 10 Moo - cook & Benda*. 334 3el LS Do. North Mirk's. 5 Nevin. and ChestsL slp. 85 North British 3Bl 71 1 II Do. e shares. l4l 1 S Do. Fifths 1l Do. 1 3l / 00 Norfo/k .......... l2O 132 Northrres 4' Eastern 70 73 DO.SI ip (i 55.3114.) 20 23p. Do. Is/cares 174 lsj Do. Sea 19 Sly. n 441)• • i. .) ey 34 Aberdeen 1 . Ambe-rg2ie. k B D irm o i . n te (W. 744.)1 Dian. dr Oxford Jae- ILtnotol and Exeter Do. New !Bristol and Closter. c:h Do. i shares._ (Wester 4. Ifolyhend. urnet and Blythe Coroteo/i Direst Northern. i Itiblin 4. Belfaitial Eastern Counties Do. New Do. P.sper C. Boil Do. Do. 2 Ito. Extension East Lancashire Do. New Kist Lincolnethar Eastern t ninn Edinburgh & Glavou Do. shares . Do. 1 shares. &Oath. wail Northers' ..11 •Isl 4 I I t !t. North !!OiL, Wooter.jolrcd. PortratottlA lb Preston and Wm.— I; Do. sham 10 Sheffield f Mask Le c i . t en eol t n. ' tiob • fish Midland ; Shrewoloury & o re Union._. . Vona. Doran Eo.tern and Dover; D0.N.(i55.32L)N0.4 ! Do. N. (33/.0w.84.)2 Do. N. (do. 301.) 3 ti Do. N. (do. DI.) South Wales Woteriord ¢ Maim Wtvo Rkting Union Wilto,tiom., A Weymt I Fork *Corlisie Tort and Newcastle Do. New York ¢ North Miald D 0.4 ohturs i 110. Scorborrnigh. Do. Selby _ . k Huntingdon Exeter, lieu... Dora. Glasgow, N iloc4 ly Gt. So. & Wed (Ire.) Gt. North of Eaglandi Do. Nf to uo: ra._...._.... Do. New Great 'realm* Da. shares ...„.. Do. Auras Do. ifths. Do. New Huddersfield, Manch Do. Extension !lull and Selby... Do. shares Do. 1 shares. Ipste.* Bury St. Jaw Du. do. az Norwich Lancaster * Carlisle. Do. New Leeds and Bradford herds and TAirsk Leeds. (Mrs. AfskrA Leict,ter & Bedford /.rim..} litruthisfhant Lir. Man. & N. June. London & Blackwalt. 5 I Do. LS:W. Itidg.F.l FOSSION RAI LW AYR. 16 'Boulogne and Amiens 2 iliard Towl.Celleats I. 4 1 , Vendr. !'a11ey...... , Sp l Direet Bomb.! Madre 6 hutchlthenipb.... ..... Sp List Indian tos,Greal Ind. Peninsula So'Cit. Soul hn..if Madras. 1 Sp (ireut Wept Beueral 5 6 't. Nor. France Dun 6 Laura; aa la Sambre • 4 'Luxembourg i Madeas,Nel.. 4 , 4reoe 8 "Namur and 1.0110 ! 10 'Orleans end Pitman'. 6 Orleans & Bordeaux. 5 Paris Si MUM, Cont. 10 Paris ~,,a Orleans • 20 Paris and /Gruen ' 3 Paris d.S'erash. Cone In Konen and Ilarre. . .: 10 Sambre and Menne .. 14 Ntrashourg 4 8a1e..1 S 'Tours* Aantestlmssl 6 'Weal Flanders i, 1---b7,:Vew— tAild. Bright" S.Co. m. IZ. 4 0-oydon . LOW, . Greenwich London St N. Western Do. shares Do. New shares„ Do. Fifths Do. Eighlha I DO. A'. sh. D0.40/.sh., L. 4.V. London It B. Western Do. New Owes. Wu, Do. New 1481 7j en 11 rII 13e.n. I 30 e. a. 6je.n.21 2 21 21 1 Do. Nese London York . Lou.. Sails., Sr Yeovil London, ¢ Culeraisr Lynn and lay !Lynn and Derrharn Manchenter, Leeds._ . . 15 16 14 14 106 104 11 41 1 Liu. i aAe;res Lorasuagn., November 5.-Malec :-Chester, Birkenhead, 47.-Do. (2IN. ah.), 4 d.-Edict., GLiscrow (4 sh.), 101 p.-Great S. Western, 11 p. - Loudon N. Western, 199. - Manclarater, Bolton, Bury (extension ah.), p.-Midland, 133.-Do. (44)1. sh.), 101 p.- N. British, 371, 8.-Do. (1 sh.), 21, 53.. 9d. p.-Do. (new eh.), 11, 3.. 9d., 1 p.-Pref. (5 per cent. granted b eh. A.), 41 p.- Sheffield, Manchester, 954.-8. Eastern, Dover, 381, 1.-Do. (new sh, No. 4), 11, 8%. 9d. p.-Caledanian, 1 d.-F.. Lancashire (No. 2. late Onn. and Preston), 44, 1, p.-Gt. Grimsby, Sheffield, 4 d.-Iludders flekl, C. and B. (Mal.), 4, 41, 4,3, 34, 11, 1,1, 31, p.-Do. (eaten. eh.), 14, 8,. 9th, 1114. 3d., 14 p.-Leeds, Dewsbury, 9, 91, 1,4, 4, 1 p. -Do. (branches, blue.), 44, 1 p.-Do. (extenaions, green), par- Leeda, Think, 31, 3 d.-Do. (new sh.) 21 d.-Liverpool, Itury, 4 p. -Do. (new PL.), 1 p.-N. Wales Mineral, 21 p.-No. (4 eh.), 14 p.- Shreweb., ()sweet, Chester, 14 d.- Ambergate, 4, 3.. 9,1., p.-Birken head, Encash., and C. Jn., I p.-Birmingham, Dudley, 51, Ip. -Birmingham, Oxford Jo., 61, 1,1, 53, 9, 53, 6 p.-N. Staffordshire, axw.-Torth Western, par.-Shropa.Union, it. and C., 1 d.-Eust Pssis,llV. 4.-Railway alpirea fluctuated during the day corral derablv. Orleans rose from' 1227.50 to 1235 nt which they closed. The Northern varied beta ern 6.641 and fins, c losing at 663,5. The straaboarg fluctuated alternately between 47(4.75 and 4140, and at the close of the day rose to 182.50. The Tours and Natitea opened nt 483, and closed at 407.50. The Lyons shares fluctuated much, rising and falling alternately, their towns, price being 493 75, and closing at 497.54).-sPari an d (Irk:ma, 1233; Paris and Rouen, 905; liouen and Havre, 695; Strasbourg and Bale, 217 50; Centre (Viernan), 572.51.1; Aniena and Boulogne, 460; Bordeaux, 63.5; North, 663.75; n u i s and straahourg, 482.50; Tors sad Nantes. 467.50; Paris and Lyons, 497.50; Alocitereau and Troyes, 330; Fampoux and Hare brook, 400 • Dieppe and E'Yeamp 355. LONDON. -EXTENSION OF THE ELECTUIC TELEGRAPH To Ties RoTAL EsollAsor..-The Eastern Counties have, it is said, intimated their intention of currying nut an important extension of their electric telegraph to the Ito) al Exchange and Lloyd's, for the accommodation of the merchants and underwriters, by which instan• uncoils communication will be obtained with Liverpool. The com pany's engineers are nowengaged completing the electric wires, along the Eastern Counties branch limes, from E'y, Peterborough, Stamford, Syaton, to Derby; thence along the present Derby, Birniinghani, and Manchester lines to Liver;ool. The wires will be conducted to taw Royal Exchange from the Shoroditeh station in lead and iron piping, similar to the present gm pipes, proofing poste being erected at certain disiancea, in order to keep the wins in proper working condition. PItOVINCIAL.-101XFORD, WURCESTRII, AND WOLTER usErros.-Active operations have been commenced upon this line in the vicinity of Kiddermhoter. A min her of men are busily employed on the works on the Woreerrter.road ; and, It in said, the contractors intend to etanmence In several other places on the line in the coonse of a few days. WATERFORD AND LIMERICK RAILWAY.-Lord Glengall and Mr. Mortimer, on the part of the company, have arranged the preliminaries for constructing the earth-words of about fifty miles of this railway with the Board of Works, who gave every possible facility to the undertaking. This company, however, Mande in a pe culiar Inaction, being enabled to give ample wearily to the land owner. and baronies Ina-much as they have a bill of incorporation, and have expended 200,00uf. in labour and material., pairehaneof land, etc., and are prepared to open twenty-eight miles of their hne on the let of May neat. The baronies are to present for the monies to be expended, viz. Clanwilliam, NNW/ ; Meat Iffa and ( 13,781/. - East IRA and 0184 59,91 V.; Iverk, V ,0311. Kt 11ius 20,0001ahourers be employed for six months on an essentially reproductive work. EAST ANGLIAN LINEB.-Those lines bare been leased to the Eastern Ceunfics Company. The terms are a minimum guarantee of 5 per cent., with 2 per cent. ks; dividend than that paid to the Eastern Counties. The latter portion of the arrangement will, of course, take effect only when the dividend of the Faxtern Counties Company exceed. 7 per cent. This Is an arrangement that ie likely to be tieneScial to all partied. It is believed th..t the Scotch gasmen% that now run to London, will make Lynn their port, upon the com pletion of the line. COLONIAL—BARBADOES GENERAL RAILWAV.—Some important resolutions, affecting this railway, wire pacwd in the Island House of .Assembly on t'te 6th October. The house having re solved itself into a committee of the whole house, petitions from eight out of eleven parishes into which the island in divided, nume rously and respectably signed, were read, and the Attorney-General spoke upon them, and introduced a series of resolutions, which were supported by the Speaker of the house, Mr. Breath, and other praline n, and carried. The .tssitanblv have agrevil by three resolu tions to take up the unappropriated sliares in the railway with the public funds. This intelligence, with the knowlnige of the comple tion of the sections and iurreys by the resident engineer, and the knowledge that several influential Liverpool merchants have recently joined thecompany, shows that the direetnts are Wannest, and intend carrying out the project zealously and promptly. kOREIGN.— RtIENINH.—AMsTIIRDAM, Nov. 3.—The number of passengers, and the receipts of the Rhenish Railway during the month of (*tether, were :—Passe nets, 34,750 ; passengers' fares, 6.38,4308.1; receipts for merchandise, hi ries and carriages, 11.10,109.29. FRANCE. —The scagotaspostes which had hitherto been established only on the Paris and Rouen Railway, are now mtablishnl on the whole of the northern line. In the evening of Sunday last, M. Eugene Conte, chef de division of the General Post °Mee and president of the committee appointed to bring into perfect operation this system of conveying letter., by which the process of sorting, tic., is =raid on in the carriages whilst moving along the lines of rall• way, leR the Paris station of the northern line with the director and clerks of the tirst wagon-poste with the letters for the northern de partments, and England, and Belgium. The time occupied on this occasion between Paris and Valeneinutes was only nine hours and a ball. MONEY MAXIOET. THURSDAY EITHING. • A marked change came over the home stock market to-day. From a dull stationary position, with a declining ten dency for some days past, it has become all movement and animation. The first bargains done in the morning were at improved rates, although ostensibly Consols opened at the same quotations as last ruled yesterday. From 944 to 4 they further iultanced to 944 to j for money, and 941 to for time. The improvement altogether was fully equal tot per cent. This more lit ely aspect of stock business does not seem to be the result of any political occurrence of im portance, but may be attributed perhaps to the partial sub eidence of the agitation on Peninsular affairs which corn- Ip. PAID.. : 7 20 22p. I VII 11 II 3 4j 4tL 21 • 1 1_4 . 4 4I . 2 hl dP. I 1' 76 134 18 311 1314 I #2 I: $3 371). • 38 40 P. 4: • 20 1 .31 Hp. -28 30p. 24 1 3 4 I , : ;I 43 1 mp. • • 10 1 109 11, 28 28p. 11 ne 11 4 4 .18 :Op. 10i 21 4 I 4 -aid ' 4( .. , 1x 2( • . 2 2 I 0. .1594 1181 ellp 9 9i 1198 9 8 .21 nip. 161 . 181 p me n eed with, and bad subsisted since, 111T..;,.F . " .... .. ?eitp5ti1it marriage. The news from Portugal this ruormat appearance of • British nuadron in the Tar o . to confirm the impression that, however the r p e ro vo m lu p t t i e on d i • l tt F ea re ip nc ted h iannud7gtio,pri.o.ragrencess twhieirienmoatyThanni, carry interference further, and that Portugal may shortly regain a state of tranquillity. The sam i . the Queen's forces reported is not, however, 434 any sympathy. Reduced Threes are quoted now fag Three-and-a-quarter per Cents., 951 to 1. Bank 3 t o 61. Exchequer Bills, 8.. to 12s. premium. Incriliftik 19.. to 23e. premium. Long Annuities, 91 to 15.16 government broker took 5.0001. Three-and -a -quark, Cents. at 951, fur Savings' Banks, and 1,200 t d ew sit Sea Annuities, at 941, for the National Debt. Few trant-actions took place in foreign stocks, why, „.;. little, when at all, affected by the activity of 'Us improvement in prices in the home marker. :M emo quoted lower upon the reading of the news brought West India mail ; at the close they were called, 211 to 2/, as before. Spanish Fives were rathe r 6osi t 74 264 to 1; the Threes, 37 to 1 ; Deferred, 16: to 171; p u , live, 51 to Portuguese, 39 to 40. ENGLISH ?UNDO.—NOO. 5. Bank 9tock, tOlf 5 IA A nna. 3' • Mt, tip i m .s . 3 per Cent. Itoduted Amw., 931 4 , 10 3-1 G 3 per Cent. °week, Anna., 311 India Its under lox/ nu . 411: tooth sfa :stuck, 10•1 ' .. New 3j per Cent Anne.. 03/ I I South Se. N,,,, A n ... Lanes nna., expire Jan. 5, 18440, Criewola for A cct. IN; fiu 9 1.6 j Ilkil3 Stock for Acct., .51 4 Ditto 30 ream expire Oct. 10, I Ea. 1i £330 , tia, et II 12 9 ,121agn lbS9, 9 4146 Ditto, '' Ditto, Small, 11 12 6 i rumps. r, per Ct. Spani h jk.d. ,_ Nor. 16, 26 1 i ---" .4 21 per (I. Dutch ixchab r , Gull., 44 yi ll TOBEIG! 5 12er Cent. Me:lean, 1846, 21t Ditto, Acct., Nov. 16, 22 loan, 1 4 per'et- Portugtx.c 8d.., 39i 9 4 batio, Acct., 39 44) EXCEANGES AND STOCKY ASIIOAD. PAWS, Nov. 4.—There was a slight tench nee to rise ladle at species of security, which may be ixplained 155 the 'perm= e= entertain= that no intervention will Lilke place in a i m „ be a joint intervention tutder the quadruple trey . 4, 61 : Three per Cents., 112 73; else per Cents., 117 73; pe w , and-asllalf per Cents., 112; Belgian live per Cents, 1910, lea; 95 4 , : Naples 3172 50. Exchange= London,,3o days, 35 55 ; ditt o, 90 asp,l 4 4 3,'.—Three per 34 1 4 .14 311 LA . ; LondpenalBriln;Cerllfn:t2st,..:36.l Ferdinand , 12r ; Rank of st 16ahclla, u 1 1 1 2 6 , 1 1 10. : i ihal ; apisit Ditto, 1844, 98 ; Ditto, 1836, 95' ; Ditto, 1638, 134 75i ; the City, 1843. 99; hank of hellfinor 917 . — Exabsa3s Law% 24. 674 c. VIENNA, Ck 7. 20.—Five per Cents, 1084; Four per Cents, 19. Three per Cents., 71; Lam of 1831, 136; Ditto, 183 2,127; 54 Shares, 1,551. Amstexusx, Nov. 3.—Act. Debt. Two-and-a-1W per Cents.,4 59; Do., Three per 714 i on : lour ter Cents, mimes. Synd„ Three-andsasllalf per Cents., ea Nit; Comptiny. Your-and-a-lialf_per Cents., 1731, 171 ; N wi ji, per Ceuta., 205 214 ; Do., Three per Cents., 3: 371—L 5 ,5, 4 , : 0 ; mans London, 33 2 12 10 5. ; two maths, 12 02 3; ua Limburg, 35 615 ; hs, Baas Ocr. 31.-Bt. Mudd Sch. Three-and-a-11W per 93 bilks-92i money.—Foreien Esehane,4: On Luadse. t h, - ; ..,ntl... F.. 11, bills- 6.221 money. On ILunburg, 300 marts, bills. On Paris, 3410 franca, 79 I.G bills. Hsatecuu, Oer. flee per Cents.lll blfs. %Maw % 1370 bal.. Russian LIMN 5 per Cents., nut quoted, lby burg Certificates, 1011 bills. Ditto, l‘t Serie s Inscriptions, 11266. Nu., New 4 per Cents., s7l money. Dinhirat, usa Loan, 3 per Centa., 841bilk—P.4 money.—Dutch 4etaal per Gotta., 38 money. Spailisli New 3 per Cents., 1711 gs-if money. Ditto, 3 per Cents. 311 money. KINGAT4N, JAMAICA, OCT. B.—Exchanges on London: p Bank. GO days, par ;30 days, 4 per rent. ; sight, 1 pre amt. pa; Jamaica Rank, 30 days, per cent. pm. ;k3 days, par; Wand GO days, 1 per cent. pm.; 30 days, I per cent. pm. MEXICAN APFAIItS.—The pris ate letters from the City of Mexico to the 29th of September by the West India nal give a gloomy account of commercial an well as poldieg affairs. Several heavy failures of homes of considerate' had occurred, with the usual consequences of a general Ina of confidence among the mercantile community. The depot ment of Finance, previously held ad internee by the Miaino of the Interior, had been transferred to Senor Haro Tamara, of whose abilities report ip , ke favourably. He had oces. pied the same post on a previous occasion. Advice lad been received in Mexico from Mazatlan to the 10th Sept, which stated that the United Statesrquadron had retiutedta that part of the coast and resumed the blockade of that pan, Guaymas and San Bias. H. M.'s sloop of war Frolic am there, and would remain till relier,d. Dispatebes have hew rteeived from the Mex , can government by this mail, ail un?erstood, by which Colon , ' Mendoza is nominated charge' d'ajfairet of the republic to this court. The Colonel is a present in Paris. It is stated, also, that Messrs. Schneider and Co. have intimated to day that they are no longer% considered the financial agents for the Mexican prenatal in this city. CHlLE.—Papers from Valparaiso to the 24th of Awed, received via Panama, do not contain intelligence of 'aye terest. Ecusnon.—Guayaquil papers contain a curious comslas deuce, from which it results that whi!st the amenities( the Ecuador woo ordering General Vieanco and othermals from Peru further into the interior, on the repeshd re*. mentP, it was Paid, of the Pt rnvian Envoy, the Luse anal that he had made any such reiterated demands. PERU.—Papers and private letters from Lima to tit Alt of September have come to hand, via Panama, hut pretests, feature of importance. The r. public was in the cejesant of profound t. anquillity to all appearance. COMMERCIAL AND MARKETS. PRODUCE.-31theinn-tAxr, Nov. 5. 7Le'''''''''''''' bald suspended to-day, from the news received thin morning in the gad edition of the Daily Neer; of the dirasitroin burried.e stick 4 place in the llavannah on the lioth :nut I Ith IA ),... r Ire, Oa steamer hating kft on the 12th, it rookl not bring aciviuits tab intetlor. We learn from private letti ra that seven Toed la or in course of loading, with sugar, were punk in the hinting. the next accounts are anxiourly looted for, but there eziocas oda that Makinra had not been visited I y the stonn, which ir *and AM regard: , sugar, if it prove to be is trrdi. From the et 5r storm, it is feared that the accounts from the coffee dirtrau ail la very bad. The public rale of Ilavannah surd, ado nand tar 1540, was withdrawn by the importer, and the public sale of Brix], alits4 brought forward, was withdrawn at !trice. mull steer greats rale*. About 120 ',lids, Wert India sold, witch did not road a mkt. Coffee remains doll : a public sided good ordinarythylem ar forward and bought at : Os., 37x. offered; Pluntaticsi land ins do chiefly bought in; good and kne Nlotha e4l at full prices, Mx 54. 611., and Glw. to 63r. Guaira offered and weir ith boodbt it. Rice about IMO hogs low, while Iletural dusty told f 6,. rd., 17s- Co:ton dull, 500 belles mokL-Tallow lam live at enuerday's prid* 4*, on the spot, 44. lid. all the year.-Camphor solder 70r. in pabbe sale, which was u slight advance -Rum rtraily ; find Leeward, is 7d, 2a. 8.1.• East India, 2s. 3d., 2. 4d. ourios.—LtvKitront.. Nov. 5. - The markt* was again dull today and prices in farcur of the buyer. The NM* were 3,50 u MANCIIVIITEN Nov. 5.-Tbery hi scarcely any charge in MT =Mid to-day. In good shirting, a fair amount of briars. has been doer. arices rather higher, sav 3vl. per piece. Yarns remain very aux; Pad prices are barely supported. JAMAICA, Ocr. h.- flour The market was ver) hears until the bat arrival from Englnd, bringing the intelligence of the i..f.ure tif the potato crop, and the advance in the value of lireadstaffs there. PM. Vitaln to the intelligence, POO barrels Plaladelphia new wheat ern sold with difficulty at 27x., but the market has SIM. lifted, ad* barrels more of the same parcel, with lOU barrels Balt:more, 110 moved off at 28s. Cornmeal has slightly lammed. a resale of 10 barrels, having been made at 215., which is an advance of IL tr art bed quotation*. The idock is light, but the consumption is limibd Rice (duty 4s. per cwt.)-The market for this artickt ono hasten affected by the intelligence hruught be the packet, and holden are paw demanding higher rater. The alas have been limo bags Er•Al, ll3, sample, at 160 , and a lot of caw° at 15x. per lott lbs. The brit Itag India aorta are held at Ida. We have nothing to report is Cool& Sugar-During the early part of the last fortnight a :steady dcodd was expericncol for this article, and sorra! parcel' , expo,d at site btought from 34. to per lOOIM. The demand, hoverer, fell d to rome extent, and rubrrinent kits went off at a decline of 3r. and 01. per lUolbs.-From Ur Ortiore's Mercer:filth. Iriellifenrer. 18.—Mstie. 0 syclay, St 5.W... 0 800..telialitax!tall 1 alez.allara. Da 1 West laths PA 0 Nat 27 SITIPPINI INTELLIGENt DEL. 317nbun Wateribrd o I I Frn!tor _ I Donairhadin - - obi Lisboti ' 0 Guernsey St Jeri 0 I e Mediterranean 1 Hamburg 0 , 0 India ,riot Mar -1 Holland. Gustrxrisn, Nov. S.—Arrised : Neptune, from Mhos : Lily, trim Para ; It. Kerr, from New (Means; Friends, from Harlingen; rte Elena, from Croninge- • Caroline, from Caen ; Tweed, from POWs burg; Ilehe, from Bordeaux ; Haw thorn, from Rouen; Umlaut, ftwa Oporto ; Maria, from Lunde u; Ilenretek, from Freduiekttadt tralia, front Batavia ; Great Britain, from Mosdreal; PrOidtrt fga l Rotterdam; Honor, front Palms ; Marie, from Beam, et; Jolla Vioenta, from Mihail ; Prince Albert, from Guernsey ; Bebe', eig • Anne, from Oporto; Samuel, from Itotterthmi ; Gleaamt from Amsterdam; Ford Mill, from Pett•rsburg.—Sailed : Wm. MP ley, for .Uciandria ; Premier, for Jamiiin ; Creole, for DomiaiMi Gratitude, for Latmecston ; Anne, fur Jamaica; Antra; kg Ca staidinople. Nov. s.—Sailed Frisk, for St. Thomat and roe* Rim ; Were Lothian, for Rio Janeiro; Shenandoah for Philadelphia; Iktisy, for Hamturg ; Alexander, for Ihullxic; Wc•ren, fa Ike ton; Guardian, for Bombay; Urania, fnr titerin ; llciceu Jana* for Randers; Irlarthifor Barbodoot; Cornelius, for Constantinack,: — .Itrived : Kestrel, from St. Drningo; Vittoria, from ovum . . tgo mew, from Hemilueas ; Hector, from New York ; Mary, (mat Afrks; Lismond, from Megan; Banlor, from New Orleans; 0011, Cephalonia; Harriet, from Rotterdam; Patriot Queen. testa ”'" cults; Ptiragon, from Rio Grande; Isabel, from Antigua: a = from St. John, N.B. • Nelson Village, from Q uebec; tiopki from Gothenburg; Sire, front Wexford, with cargo front the Toe *man. [_Advertisement.] —CURE OF DROPSY By ifOLIO' WAN . . Nun ago 017,11117.(T... 4, Fremont-ain't, Brigid , " I.B '' I, lit .—Mr. Hollowar.—sir : On the 1711, of Lk ceadar Let. ,0 1 daughter was sent for from London to per me, as she expected. rlk last time, as my medical attendant statcd that it was impso could lire to see Christmas day. I was frightfully swollen m bed!. my arms and legs were double their usual sin; the water O"' about all oter my body. In this alarming state I had recourse to 3 - " I wonderttl medicines, which saved my life, and removed . `"td, from my system.— . Signed) Martha Willard." Sold by 141 risr-t± k,e :' druggists and at Professor Holloway's establislunest, 214. , London. BIRTHS. oe. 2, the a ire of Joal• Pother, Esq., of Soul herehay, of a oat. , Haw. 3, at Ilryabelts North Wain, Ilra. Osouta Jar • daughter. --•— • • Not. 4. at P. Jaireol Chs•e ilA lt, R Ete l t A r?, E l. G. Keane... V.• a C 4. Lrl., of Lotter. nuld L i. o r ste . o. J , oda...gxltt,eLo.exth„o„...lat.e Joan A m 1:;;;o ti of CUM Seq., to Ift.haterre, fi.unh dassittor a the late he • G F.L.,11.11 Cot, reeler of Ht.:worth, Rena. Nor 2, at Lnerotom Church, Ow.. Ton,, Esq., Cleees'r n , Dm Major•Gerteral Tomt., ILA., to Los ts., oath daughter a ""- W Lcoars, tut., Colo fnandeo R.N.. • vormlotrate for the County oil Naa. 4, at tit. George., 11.notter p.n., lt . ,. H. teent.te., E. 2" Otweotes•, daughter of Licat..oearrut Roots. Bait. DEATHS. Noe. 2, .t Ifolloembe, neer Credit..., Moat Am., mil &sig hw Torn Lore, Eng, aged 30. Nov. 3, at Pettratooe•tottrt, itretint•thtelt., koortdo, relict of the Isse W ete.m pa. r. ,t,hmt Nov. 3, ot Edinburgh, Hann Domain, loc o Into of Ow th hore low of fh lir ...L oon o ;ln u tz, Ellilog.ngrra 'rioted sad h4Y►M by Wmuni. AYwin Jebel. .1 ir Mews. Ow feria St. a nd ta the City ad fwd.. " of Mews. Baustatv and lb Lembrd.rret, P'"6 ”mt Wbltetriars. lb the City of Louder, Coady a illaidloes. —.• I\r yr* sail 6. UK ; I