The Express. — London, England, 1853-01-14 00:00:00

SLAW itelitgence. EQUITY COURTS.-YEBTICIDAT. yiev-01.16CILLos ft. Ms. null %en. I)LA''ILLI C. DiIIVILL . III - =:EIAIIINA/110/1 us WIT:Mir-II 111 CUISKT. This ease being the tint instance of the ex MI nation in the Court of Cheater; of witnesses ira op. n court, created considerable interest. It was a claim to establish a debt due to the plaintiff from her deceased brother. The cat., had been before Sir Geo. Turner, and the defence relied upon was that the debt was barred by the statute of limitations, and that the document relied upon to Übe the case out of the statute was inaihniasible for weal of a stamp, end, if ad missible, that there was an erasure in the date which raised the suspicion of fraud, and was unexplained. Ma der these circumstances Sir George Turner had directed that the witnesses should be examined in open court. And the case now came on Sir the production of the witnesses. Mr. Pullen end Mr. Dickenson appeared fur the plaintiff, and Mr. Morris for the defendant. William Grant, examined by Mr. Pullen, stated that he was a silk manufacturer, residing at Leek, and had em ployed the deceased fir ten years • that he knew his head writing, aad that the document p roduced was wholly in his handwriting ; that the date 1810 was an erasure, bat was wholly in the handwriting of demised. So far as be scald see, the figures before the erasure had been 1849, aad the 9 was in deceased's handwriting. Tbe book pro dueed is also in the deceased's handwriting—every part of it. On CTlllt rl'lMiliAtiOo by Mr. Morris, Witness said he !ASS the deceased write every day • be bad no means of knowing what the figures had been before erasure, except by inspection. The witness here, at the request of the judge, examined the erasure with • microscope, and still adhered to his opinion that the last figure had been • " 9," and in de fendant's writing. Louisa Neville, examined by Mr. Pullen, stated she was plaintiff in the cause. She and her sister, who was dead, had lived together and rented a house which belonged to their deceased brother, and then he boarded with them at 10s. per week. tier sister had died and witness was her ozeentrix. At her death there was • debt due to her for money lent, and the account in the book produced showed it. On her death it was transferred to the name of witness. There was also a debt due front the deceased to herself, which was shown by the same book. On the 12th of Janu ary, 1850, the two debts together amounted to 1921. Bs. It was an account current between herself and brother. Soon afterwards she got uneasy, and her brother's health being bad she pressed for some proper security; and about two months before her brother died (that was in June,lBs2), be gave her the memorandum now produced,which was dated 12th of Jan., 1850 , that being the date of the balance as struck in the book. The document was in the words "Re ceived of, 1921., at 4f per cent.," and was signed by her brother She did not see it written, but the date was the same, when it was first brought to her, as it was then. The deceased at the same time paid witness the Bs. odd money. W. Beeville, a surviving brother of the deceased and of the plaintiff, corrobor ited this evidence. Mr. Morris then radii ssed the cum upon the inadmis sible nature of the &icemen!, snit upon the effect of the evidence. Mr. Pullen was heard in reply. Ris 'Lenora said that after the examination of the wit nesses, this was a very elear case. The document had • suspicious erasure, and even if the examination had de pended merely on parol evidence he might have been dis satisfied, but the other documents now produced put the matter beyond doubt. Looking at the erasure, he should have said the erased date was 1844, but the witness who was well acquainted with the handwriting of the deceased said it was 1849, and the explanation given was that the document being written earl) in the year 1650, 1849 had been written by mistake, but what he (the ♦ice-Chancellor) relied on was that in 1844 there was no such account between the parties, and nu puwiible reason for its having been written at that time. Then as to the stamp, the document was clearly in the nature of an 10 U ; not a receipt, but an acknowledgment of a debt, and did not re quire a stamp. But beyond all this there was the payment of 81., which would of itself be sufficient to take the case eat of the statute, and of this fact there was nut only the evidence of the plaintiff but the admission in the deceased's account book. BRAIN N. BRAIN, This was an application for a special injunction to restrain the defendant from conveying to Sir John Guest the whole, Of at all events the moiety, of a grant of land made to him mi a free miner of the Forest of Dean, on the ground that there was an agreement between the p laintiff and defendant that any grant obtained by either should be held for the benefit of both. Mr. Basalgette appeared for the plaintiff and stated that there had n. t been time to send the bill to Somerset House tv have it stamped with a single stamp of the amount re quired. and the clerk of records and writs objected to affs lag eight stamps to make up the same value, considering he was not justified in so doing under the act sad the orders oil court. The Vice-Chancellor thought that inch stamps might be allied and sent, the bill t s be stamped while the argument proceeded ; sad ultimately granted the iajimsetio• se to the moiety. COURT OF QUEEN'S BMICH.—YerricaDAT. Immo a* IlAsoo.—Does• Las GOMM. Ida. Jranua. Cots. mos, Ms. Jtvore Wunmgue, ii•D Us. holm Column,. WILIOI D. 10/111DOS.—P301911TION TO ?KS COUNTY COURT AT Lrr gar ow.. Lord Campbell delivered judgment in this matter at the Wing of the court this manilas. 'rho plaint was brought ' In the County Court, in respect of a contrast for the sale of geartain shis's l papers and her pslicy he a u r id allir ; the M l = t e iy iv t e red he playerli. poet i s t probi:ition was asked Or Mi the ground that the subjeet manor in question was Vil the jurisdiction of tne County Court. Their lord wen of opinion that the rule for a prohibition ought In made absolute, with gum modification. A general prellibition was sought to set ride all prweedings upon fig plaint before the County Court. • Now, they wars es termiely relustaat to interfere with the jurisdiction of • Osuaty Court, unless it clearly exceeded its limits ; but whim that was the ease, it was their bounden duty to do so. In this cam the contractors signed at Liverpool; but, inso much as the eargo might be delivered at say port in the United Kingdom, and, in point of fact, was to be delivered at Drogheda, the COMM of action as the plaint was now trained might arise without the jurisdiction of the Liverpool County Court. But the plaint might be so amended that the cause of action would he brought within the County Court's jurisdiction, and therefore this court were of opinion that a general prohibition ought not to issue. Subject, however, to these observations, the rule snit be made absolute, _Rule absolute accordiagly. BISSZL 0, WILION.—FALIIII II r.—Sstacs- !HO Paisonzaik AT STAI This was an action against Alderman Wilson to recover damages for false imprisonment. The matter slow out of • conviction astaiast the plaintiff under the Copyright and Designs Act 6 & 6 Vie., rap. 100. Mr. Basel was impri soned, under • warrant of the defendant, for not having personally attended • summons Pi sued against him, although at one of the hearings to which the summons referred he was represented by his attorney, and at another by hie attorney and by eonmel also. The action was tried by Lord Campbell, at Guildhall, and resulted in • verdict for the plaintif with damage', 1501. A rule nisi for a new trial had been obtained on the Found that the warrant required the plaistilra attendance in person, and therefore the Alderman was justified in the course he had taken, which now came on for sroment. Lord Campbell read his note of the proceedings at the trial: His lordship then said that he would take this op portunity of repeating the observations he had made on that occasion. He had then expressed his astonishment and disapprobation at the manner in which the plaintiff had been treated. He had been searched like • felon upon his apprehension, • coulee, of the propriety of which, his lordship still retained his former opinion,vix, that it was one which no one had • right to pursue under the (treats stances. But he (Lord Campbell) also desired to remove a misapprehension which existed upon the subject of his remarks at the trial. It had been said that he denied there was ever any right to search a per son taken into custody for felony. That was far from being his opinion. In cases of felony, such a right (no doubt existed, and might be most properly and usefully exercised. His lordship had, however, understood from a meet useful public officer, Sir It. Mayne—to whom the country was highly indebted for the manner in which he had on all occasions exercised his important duties—that an idea had get abroad that to search • person taken into cus tody on the charge of the commumion of a felony was illegal. Such a doetr:ne bad never been laid down by him, nor did he believe it would ever be laid down from the bench upon which he had the honour to sit. On the con trary, he had no hesitation in saying that it might often be highly conducive to the ends of justice that a person should be *earthed ; but he would again eay, that when • trades man of London was apprehended under a warrant from as alderman, merely because he had not appeared when sum moned, to search his person in the manner in which the plaintiff's had been searched was contrary to law. The only pretence was that he might commit suicide or attack the alderman—a most absurd supposition. Mr. O'Malley (with whom was Mr.Lssh) said his lordship 3md very clearly distinguished between the cam where a pri mmer ought to be searched, and where not at the trial. The learned mussel then addressed himself to the question before the court, and contended that under the 11 & 12 Vint., e. 43 and 44, the summons issued by the alderman wee amply satisfied by the appearance of the attorney and counsel. The ewes of King v. Simpson" (1 Strange 46), '. the Qom. v. Hardwick" (2 Strange, 110), " the Queen v. Tamers" (2 Lord Ham 1,284), were cited in Report. Mr. H. Hill and Mr. Willem contended that the alder maa was protected (min this action under the act 11 & 12 Viet e 44 . The sours took time to e'rluridef• PaaCTICI or THS C01:11?...-COONTY COURT APPIIALS. Lord Campbell gave notice that, wilder the new Moo. appeals front County Courts o.vold new be beard to fell court in terns, and 'mold be est eirrwa to the special Part* alms with the special eases sod I:4l Bl 4rms- I be PIM books must he delivered to the Joy= to the 1481 e lama" or la other teen in the special paper. BAIL COURT.—YrATERDAY. Potar or PRACTICIL Mr. mune. Brie said the judges had made a rulir sppli sable b easeutioas after rerdist in tens. Coder this tole woad= was to lieu within fourteen days efts: verdict. Mae woad be the general ride subject to eaireptions In sere of special eiresmetaates, emit co the dekodeat asking away with ►is goods. The rale would take effect from the pretest day. --- COURT OF COMMON PLEAS.—Yurzachty. 4m.mis me Baum—Baron Clomp Jcs.les Jam*. M J , MAUL; MIL JERKS CIIIISWILLL. AID MIL 'MM.. WILLIAMS. HAWKINS V. JUNINTUNIII (CLEILL).—RISUILDING A Pkatsll CHURCH. The defendant in this case, the Be,. J. Johnstone, was In the year 1843 rector of the perish of Bsoghurat, in Hampshire, and at that time the palish church was in a very dilapidated state, and it was thought desirable to rebuild it. Several meetings of landowners sad others were held, anti ultimately it was arranged that 8001. should be obtained from the Commissioners for Building Churches, and that by subscriptions, de., the amount should be increased to 2,0001. The building was completed in the autumn of 1847, end the builder's, charge amounted, including extras, to 1,9301. Of this sum the de feodant paid 1,7181.. and the balance remained unpaid. When it was determined to rebuild the church the plaintiff and Mr. Trencher were churchwardens of the parish, and they, with the defendant, signed the builder's contract, and guaranteed that he should be paid for the work. Mr. Trencher died, and the builder sued the plaintiff and the defendant for the balance due to him; end the plaintiff paid him, for debt and oats, 3131. According to the plaintiff's Nee the defendant, at the time the contract was signed, said it wee ildy a matter of form, and agreed verbally to tali el the aspeseibility upon himself. The plaintiff now 5' Ph eased agreement, and sought to recover the seUls d the money he had paid from the defendsr.t, who denied his liability for the whole of it, but he paid t_i s share, 1361. 16e., into court. Mr. Whately, Q.C., and Mr. Tropp an' eared for the plaintiff; and Mr. Strieant Byles and Mr. Xingdon fur the defendant. _ _ _ _ The great question in the cause, was whether the defen dant had agreed to indemnify the plaintiff; and witnesses were called, who stated that the defendant said, the signing of the contract was only a matter of form ; but they could not charge their memories with anything like a distinct en gagement to indemnify. Mr. Serjeant Bytes then submitted that there was no ease to go to the jury ; that his client was asked to contribute towards the sum paid by the plaintiff; the answer was, that he had pain his half, and as to the indemnity that there was nu proof at all of it. His lordship, however, thought it best to leave the case to the jury, who found, that there was no indemnity ; which Baling amounted to a verdict for the defendant, although in consequence of the form of pleadings, it was agreed that the damages most be auessed at 1 561 . les. 11111111111111• THE EXPRESS. FRIDAY EVENING, JANUARY 14, 1853. manta to Bombay and China, and from other aoureee-1 about 1,2001. probably. hie Honour ultimately observed that the •salenees and the Oriental Bank ought to well consider %o f course t h e y intended at take. For his own part, thri . s gh lie might no: be empowered to order a prosecution, he would say this much, that if the assignees considereo It th e i r d uty t o insti tute any proceedings against the h .nkrupt, he would sane• don all the ezper.ses Faraway I ..it that purpose. Surely the seals who behaved so rtuudulently to his creditors should not be allowed to tto v.npunished—u man whose con duct greatly deserved the treadmill. The meeting would be adjourned till the Ist a July next, without protection. At all events, let the /Jankrupt be got at either by civil or eihninal process. Adjourned aceor;rlngly, without protection. 8170. 0 Ms. Oriansionoaxa Omitovay. lx Hator•K. . . The bankr.upt was a wine merchant. The case was baidurned till this day, and Mr. Linklater having ad dressed th e ouurt for the bankrupt, Mr. Baglel, fur the awl/Melo % opposing on the former occasion, His Paonour allowed the bankrupt to pass his last exami notice_ P' ailed accordingly. TASOLVENT DEBTORS' COURT.-YESTERDAY. Brrnaa Mm. IN rill -- 01 - 7. - 61 - 1•79 -- ULAZ CASS. Mr. Nichols applied on the part of the insolvent for • day to be named for the protecting order under singular circumstances. The insolvent, who had been a miller at Sunbury, Middlesex, was heard under the Protection Act some time back, and Mr. Macrae, the barrister, opposed for • creditor named lmpey. No day was named for the final order, with leive to apply fur protection in three months. Being without protection, the insolvent was arrested, and esnfined in Maidstone gaol. Subsequently he applied for a protecting order and discharge, and obtained both with. out giving notice to Mr. Dopey. An application was afterwards made to the full court, and the protecting order was rescinded because notice had not been given, and the insolvent left without protection, with permission to apply in a month. The order was rescinded on the 6th December, and on the 21st nf the same month he was ar rested at the suit of Mr. Impey, and was now confined in Gloucester Gaol. As the month had expired, the present application was made to have a day named for • protecting order. The chief clerk (Mr. Simpson) raid, that as the insolvent was now in Gloucester Gaol, an order must issue to the keeper, to bring him before the court. Mr. Commissioner Phillips directed an order to issue to the gaoler, to bring the insolvent up from Gloucester, and fur a day to be named when he might apply for a protect ing order. The 31st inst. was appointed for the farther hearing of this singular case. MIDDLESEX SESSIONS.-JAN. 12. Balm MB. WITIUM. George FeMick serreTie7atOi.ake his trial for stealing a quantity of hone hair end other property, belonging to William Douglas, his master. The prosecutor was an upholsterer and cabinet maker, in Lowndes-street, Belgrave•street, and having reason to sus pect something was wrong, from a man with a bag having called several times at the factory for the prisoner, and having an one of those occasions been into the prisoner's de partment of the premises, he questioned him about it. At first he merely said there was nothing in it ;" but Mr. Douglas insisted on his taking him to the individual him self, and after some hesitation, the prisoner took him to the shop of a person named Jannaway, a pawnbroker and iron and store dealer, in Exeter-street, Knightsbridge. Mr. Douglas inquired of him what business he had on his pre mises, but he made no answer, and all that could be got oat of him was, that if Mr. Douglas called on the following Monday he should have an answer. Fellside, who was present, said, " Do you remember me coming to you about stuffing a sofa ?" or something of that kind ; but Jannaway merely said in reply that he bad other business to attend to; he would not answer them, but would on the Monday following. That being Saturday night, the prosecutor paid the prisoner his wages, and discharged him, until the matter should be cleared up. The prosecutor at that time charged 3 y with having tampered with another of his men about baying some wood, but he would make no answer. The prisoner and a boy were given into custody fur steal ing horse hair, sofa springs, and some blind roller ends, dte., but the boy . was discharged. The prisoner sold the roller ends to an ironmonger. William Jannaway deposed that the prisoner came to him on the 12th of November and showed him some horse hair as a sample of 2 cwt., which ha said he had got to dis pose of, and asked him to buy a mattress of him. Witness, when he saw the hair, said he had before, and the prisoner told him he could have the lot at 6d. a pound. Hs bought what he bad with him, l 6 lbs., and the prisoner asked him to come to his place, 30, Ca dogan-mews. Accordingly he went, and the prisoner asked him upstairs. He went up, and thought he was dealing with the owner of the place. After some conversa tion, he bought 36 lbs. more Kai' , and took it away. This see ind lot turned out like fibre dyed and other stuff, and quite different to the first. He bought a tick of him for s'. Bd. He bought the springs produced, but could not tell from whom. He saw no name over the prosecutor's door. He only made one purchase on the premises. He did not answer the prosecutor when be called with the prisoner be cause it was Saturday night and he was very busy. The prosecutor identified the property, and said his name was over his promises, sad say one but a blind man would hews seen it. . Janaaway paid he sold the hair at Bjd. per pound. Several jurors having ezunined the specimen produced said it was worth le. 4d. per pound. Theprepe presecutor said the prisoner had no authority to sell his rty. Mr. Ballantine, in his address to the jury, denounced Jannaway in the strongest terms as a receiver of stolen ods go. The jury found the prisoner Guilty, and several of them said their opinion was that Jannawsy ought to be placed in the dock. — Mr. Witham said he hoped the police would keep a sharp look cut on Mr. Jannaway's shop, and bring him forward when they could get a case against him. Be was anything bat waisted with his conduct or the evidence he had given, and the police would look after him. The property clearly bad been stolen by the prisoner, and the sentence upon him was that he be kept to kind laboar for Mx calendar months. TEE POLICE COURTS. GUILDHALL. Thomas Bronson, one of the stewards, and Jams, Elsergesa, chairman and trustee of the City Society of Onerative Painters and Glaziers, held at the Golden Lion, Fore-street, were summoned for unlawfully refusing to pay the sum of 15e. to James Barber, to which ha was entitled according to the rules, as a sick member. The complainant stated he had been receiving 15s. per week during the last sixteen weeks, which bad been stopped on the ground of infringement of the society's laws. He received notice from the secretary to that effect, but not stating in what the infringement consisted. He had, how ever, since ascertained from some of the committee, that he had been seen serving in his shop while on the sick list. He kept a tobacconist's shop which his wife usually at tended to, but on the occasion complained of be was una►le to go out of the house on account of the weather, and as the doctor had ordered him to take a little exercise, he, with the consent of the visiting stewards, attended to the The sh. _ The defendant said the complaint was that Barber was serving in the shop from 10 till 12 o'clock at night, while he was receiving relief as a sick member, and as the rules did not allow him to be out at unseasonable hours, and the stewards had not sanctioned his working in his shop so late at night, the committee considered the laws of the society had been infringed, and therefore stopped the further allowance of sick money. Alderman Wire said his interpretation of the words, " And if such member shall be seen at work, or assisting at work," did not apply to a casual attendance in a shop, but to the work or business of a painter or glazier. The fact, therefore, of the complainant being seen serving in his shop while on the sick list of the society was not in his opinion assisting at work within the meaning of the rules, and he must therefore make the order for payment of the amount Maimed. A respectable looking young woman, named Gen, a servant, applied to Mr. Tyrwhitt for his assistance under the following peculiar circumstances.—ln December. 1852, she left her situation with a lady at Tunbridge Wells, and came to London, when she applied to the "National Insti tution for hiring Servants," No. 46, Bedford-row, for the purpose of becoming a member. Her name was taken down and she paid ss. Her mistress was applied to for a cha racter, and skis forwarded a letter to the institution speaking highly of her. She (applicant) however procured a situa tion herself, at Henwell, and on applying to the institution for her character, they refused to give it to her, and although she explained to them that the lady at Hsnwell would feel perk ctly satisfied with the written character, she could ;not prevail upon them to deliver it up to her, and thus she was kept out of her situation, thrown on the world, and prevented getting her livelihood. She wrote to her mother at Tonbridge, requesting her to apply to her late mistress for another written character, and explain the circumstances as to the detention of the one she had already given her by the institution, but this the lady refused to do, saying she would not be troubled any further in the matter. Mr. Tyrwhitt thought it a very peculiar proceeding on the part of the institution, and directed an officer to accom pany the applicant and mike inquiries, and, if possible, to cause the character to be delivered up to her. They shortly afterwards returned, and said the institus riots refused to deliver up the character, it being contrary to the rules. /dr. Tyrwhitt said that the National Guardian Institu tion cut anything but a respectable figure in the affair, and might depend upon it he would bear the cucunastance in mind. • ----- The poor young woman left the court in great grief. )lARYLEBONE. Six driven of omnibus', were charged on summonses which had been obtained against them by the police for having stopped longer iu a public thoroughfare than was necemary " for loading or unloading, or tor taking up or setting down passengers." The caw were proved, and defendanta were fined fig.'s& and costs. LAMBETH. Janes Mitchell and Toit;TvTniti; the farmer a middle aged son sod the latter a well•drased youth, were charged walk Wog moused with Frederick Butler, at pretext In COURT OF EXCHEQUER.-YEBT!RDAY. 111 ?MG AT Sus Paws.-41170111 tie. Bawl Purr &MD COllllO/1 Jeans. Tamar v. Amtroar.—AN Arronnitu'a BILL. This was an action to recover 2251., being the amount of an attorney's bill. The plaintiff resided at St. Ives, in Iluntingdon.bire, and tho defendant was a widow lady, formerly living at St. Ives but now in Camden Town. The case occupied the greater part of the day ; but pre sented no feature of public interest. The jury ultimately found a verdict for the plaintiff. for the mount claimed. r.—YESTERDAY. II Fans. COURT OF Bums 111. Ix as A. A. Lacaussv•an. The bankrupt was described as an East India merchant, of Broad-street-buildings. This was the certificate meeting, but the bankrupt did not appear, and it was stated that he had left the country. The accounts, which were published at the time of the last examination, showed an amount of 27,00 W. due to uncovered creditors; 43,0001. to those bolding the acceptances of J. G. Lacy,. and 176,0001. to creditors holding goods as isecurity. There has bees a dividend of le. in the pound on the debts proved Mr. Lawrence said he appeared for the assignees in this nee ; but he way informed that the bankrupt had left this neantry, and presumed that no one wasinetnicted to appear As him. lie slid not know what course his Honour woald gumtree under the circumstances, whether to adjourn the mosideration of the certificate sine die, or to refuse it alto gether. In a similar case—that of Bonyard, a seedsmaa, In Mark-lane—the court, in the absence of the bankrupt, nod upon the application of the assignees, had gone fully lake the ease, and had wholly refused the certificate. He did not ask the court to take that course in the present hi :game. The assignees had no particular objection except ghat appeared on the face of the balance-sheet ; and this would certainly have involved a long suspension, for reek hell trading, of a very serious nature. His Honour said he had been requested not to enter into die nattiest the time, as, in order to make out the case, it taaeMiIMINIM to get certain information from the ot her din no enteM. Had that information been obtained ? nes Lawnene• said he understood the Oriental Banc had ROM to prefer, ant also Mean. Collmann and Stolterfoht. Mr. Lows (representing Messrs. Chatfield and Hart) said fhe Oriental Bank wished the certificate to be adjourned egtthey. Ceemelleelener—Do you mean refasedether ? If I em to in that I tsar go into& long dieendon; and I dentin dun* use that is. I grant him no pro eenoa; 11111171111 Ina Mt led take any steps you th k proper as be beassa diens to some here and ask for hie certificate! After balm through part of the proceedings, His Hann said—l think if the assignees are satisfied that framis have been committed, it is a duty which they owe en the ignitors and to the public to take the necessary steps hie lunging this man to justice. Mr. Lawrance—The difficulty is in knowing what steps to take. He has left the country, and we understand has gone to Australia. The Commissioner—But if he has committed a crime in this country surely there must be some ordinary means of getting at h im In any part of the Queen's dominions. Mr. Lawrence—The course would be for the Oriental Bank, or say other creditor aggrieved, to prefer his bill of indietaseet for the particular fraud alleged to hays been eommitted by the bankrupt. The Commissioner—That he might do ; but why is this responsibility to be east upon an individual ? It is calling upon an individual who has already been robbed lamely to inert politic rights. The act of parliament Nees to have had for its object to exempt the individual bon es nonsibility, and to throw it upon a body or furl e owl I do not see why the body and the fund should set Rim responsibility upon themselves, that is to say, why ea inane, acting on behalf of the creditors and of the pollini should not institute the proeecutios, and dehay the mg eel of the estate. Mr. Lawrance—l do not think that either of the ONO be brought forward would come within the penal Angel elf the act, so as to enable the assignees to take cognitional them. His Honour asked if the necessary documents had bent received from India. Mr. Lowe said they bad been sent for, but had not yet arrived in this sentry. He had the declaration of a gee- Beeman, now is this 'pantry, who had weighed the goods in India, and bed fiend the weig°,ts deficient. Mr. eawranes—No doubt a great fraud has been com mitted upon the Oriental Bank. The case is, that the bankrupt obtained from them &dealing upon goods by mie n their weight and price. He had alleged that certain contained double what they actually did. The r—lndependently of the law of bank rsptey, that is wanly • fraud. Mr. Lawraaeo—lt is undoubtedly a fraud for which the Oriental Bank might indict; but I fear the duties of the assignees are limited to the particular cases pointed oat by the statute. His Honour said he had really nothing to proceed upon. No ease bad been laid before the court in a manner which it could recognise. It was true the 256th section gave the court power to direct a prose ution in aertain cuss, bat it had net been shown to him how the court could avail itself of those provisions. The 265th section was in these words: "That if any bankrupt shall be suspected of or charged with the commission of any of the offences here ' inbefore specified, the court may direct the asf signets to institute and carry on • prosecution of such bankrupt for such offence, and to order that the costs and it:messes to be incurred in such prosecution shall be paid out of his estate and effects, or if there be no such estate and effects, then out of the monies standing in the Bank of England to the erelit of the account, entitled the chief re gistrar's account, and such assignees shall therefore institute and carry on such prosecution accordingly ; and in case the assignees shall refuse to institute and carry on such prose cution, no reasonable impediment being made and allowed by the court, the court may order the same to be instituted and carried on either by the official assignee alone or by the creditors making such request, asthis court may think fit." TM punitive provisions of this clause referred to the four clauses immediately preceding, and it had not been shown to him that the bankrupt's conduct came distinctly under those clauses. The conduct of the bankrupt was in fact and truth a matter for the cognisance of a criminal tri bunal. Let it be distinctly proved that there was a fraud sad false pretence, and then he would refuse the certificate rat sad out. and refuse to grant protection, and in such ease , the meioses et ',editors could have the ordinary certificate of @agoutis soder the statute. Mr. Cowan, the official assignee, said there could be no doubt the bankrupt had committed • fraud, inasmuch as , ha bad, Is order to obtain advances from the Oriental Desk kidisid the invoices. The entries in his books and balemerenest were correct; but information recently re solved tram the consignees showed that the bankrupt had very much exaggerated the quality of the goods sent out. His Honour said, that, under these eircumet Laces, be was of opinion that it was clearly the duty of the Oriental Bank to institute a prosecution against the bankrupt. It was • duty they owed to the public, in order that this groat end monstrous fraud might be punished. He wished to know whether it was the intention of the Oriental Bank to institute any proceedings ? Mr. Lowe said ho had no specific instructions on the subject. His Honour observed (he would not wish to be under stood speaking judicially) that he hoped the Oriental Bank, if they did not prosecute in the case, would be cheated again and again. Mr. Lawrence said it unfortunately happened that rile bodies were very reluctant to institute any proceed of the kind. is Honour said that public bodies were specially bound torreasalt not only their own iatcre.ta, hut that of the mer cantile public. If it were true that the bankrupt had ob i sanded to the colonies, he could not for a moment suppose but that the colonial authorities would give all the assist . anee in their power towards the capture and punishment of the bankrupt. His Honour asked what dividend had been received ? Mr. ClllOll4lll replied 1,3001., upon which a dividend of Is. 'ice the pound had been paid. His Honour—How much are the debts ? Mr. Canso—The debts and liabilities are abontl2o.oool. Sow farther meets are expected—the produce of consign. custody, and others not yet apprehended, with burglarious)y breaking into the premises of Mr. Thorns* Prince, a jewel ler in Lieckford-tow, Walworth-read, and carrying away property of various descriptions to the amount of 7001. Mr. Prince deposed that on Friday night last his shop and premises were secured es usual, and no coming down on the .ollowing morning to Irwin's' he discovered that his strip bad bmn entered in the course of the night and plun dered of a vast quantity of valuable property. The entrance to the shop had been effected by • skylight on the roof being forted open, and a sort of rope or line ladder sus pended from a gimlet worked into the frame. The prisoner Mitchell had been in his employment for about twelve months, but had left about six or seven months ago. The prisoner Smith he (Mr. P-ince) knew by sight, and be re collected that about a month ago he had appded to him for a situation. He (witness) was in the habit of keeping • cash-box under his bed, and he did not think it improbable that the fact of his doing so was known to Mitchell. William Postell deposed that ab nit the 29th or 30th of last =oath the prisoner Mitchell came to his house and in formed him that there was • cash-boa deposited under the bed of Mr. Prime, in Beekford-row, Walworth-road, and asked him if he would assist him in getting it. Mitchell further mated that it would be very easy to get it by reach ing the back of the premises, and getting into the conserva tory or greenhouse ; and added that Mr. and Mrs. Prince were generally in the shop of an evening, and that at that time the servants were usually in the kitchen. Witness declined having anything to do with it. Mitchell called on hire several days after, and said he had got • man to assist him, and that they had attempted to get at the cash box the Saturday night before ; that they had got up at Mr. Peacock's, the builder, but were disturbed by a boy coming to Mr. Peacock's with some butter. He said the person who was to assist him was a person named Smith, a young man shout 19 years of age, with dark hair and eyes, residing in Trafalgar-street, Walworth, and who he was aware bad been occasionally employed by him. On the Monday Mitchell again called on him, and said that the robbery had b, en effected, and that he had ezpeeted Smith to sail at his house for his regulars," as he bad told him Smith where the cash-box was. The prisoner Mitchell here said that it was the witness who bad first proposed the robbery, and in the course of their conversation used frequently to ask if there was much " sugar" about Mr. Prince's, by which expression he meant " cash." The prisoner went on to say also that the witness had been discharged from his employment for dis honest practices, and had lived same time in Kentstreet. The witnesa denied this, and said his character for years would beer the strictest investigation. He admitted that he had talked familiarly with the prisoner Mitchell, and talked I about robberies, but his motive in doing au was to get in formation from him. . .-----.. ___ ...._. Prisoaer—You know very well that you said that you world not be committed for any paltry affair, and that if you got taken, it would be for a grand haul. The witness repeated that his observations to the pri soner were made for the sole purpose of getting information from him. Mr. Seperintendent Lund said that, in consequence of a conversation he had had with the last wham, he went in search of the prisoner Mitchell on the evening before, and met him near the catholic church, St. George's-road. Ad dressing him, he asked him if he had ever been in the ser vice of Mr. Prince, in the Walworth-road, and on hie an swering in the affirmative, he told him who he was, and said he must take him into custody for being concerned with others in the commission of a burglary and robbery on Mr. Prince's premises, on the Friday night before, and removed him in a cab to the Walworth station. At the station-house the prisoner said he would tell the truth, and made the following statement, which he (Mr. Lund) took down in writing: "About a fortnight since a man named Smith came and asked me if there was any money about Mr. Prince's; for if there is, says he, I must have it, in some form, or some how. The most likely way to enter Mr. Prince's premises will be by getting on the leads of Mr. Peacock's, the builder. I told him that there was • cash-box under Mr. Prince's bed, as I had seen it when cleaning the windows. Smith tiles told me he must break into the house sometime, and said he had attempted the robbery on the Satur day night week, but that they were disturbed by a butter man coming to Mr. Peacock's. I told Postell that I expected Smith to do it very soon. Smith called at my house on Tuesday or Wednesday, and asked me ti go out with him, but I refused. He then said he had got a party who would very soon assist hint in doing it, and you shall see me after the robbery. Smith called at my house since the robbery, but 1 was out, and that is all I know about it." Sergeant Qttinnear said he accompanied his superintend ent to the house No. 8, Trafalgar-street, Walworth, and then teak the prisoner Smith loco custody. At the station hum, and when brought into the presence of Mitchell, the latter at once pointed him out as the person he had mentioned in his statement. Smith's reply was, " I don't care what you state ; I dare say you committed the rob bery yourself, and want to lay it on me." lie (Quinnear) was present at the Surrey Sessions when the prisoner Smith had been tried, convicted, and sentenced to six months' imprisonment, on a charge of robbing his employer to a very considerable extent. The prisoner Smith called three or four witnesses, with the view of proving an alibi, but signally failed, and both prisoners were remanded. HARBOURS OF REFUGE AND DEFENCE. Yesterday, Mr. W. H. Smith, of London, whose name has been for some time prominently before the pub lic, in connection with his invention of the flexible recoil breakwater, for which he has obtained medals from the Society of Arts and some other institutions of a similar cha racter, was introduced to the Manchester Commercial As sociauon, to explain before that body the principle of his invention. . . . Mr. Smith explained that all attempts to construct breskwaturs had hitherto proved abortive. The one at Cherbourg had given way twice; that at Plymouth three times; and Kingstown had required constant and heavy repairs. Doneghadee and Portrush had been much damaged, the latter forming a reef across the river. At Dunmore the same thing occurred, the sea making clean breaches through the breakwater. Ardglsas and its light house were • mass of ruins, now buried in the sea. Such had been the fate of harbours with stone breakwaters. He had also paid much attention to the subject of floating breakwaters, the objection to which was that they were like a ship broadside on to the sea. His own plan consists of a series of upright frames of open woodwork, strengthened by means of iron tie-rods, and restiug vertscally upon the ends of piles, to which they were connected by means of iron shackles, which allow them to move freely backwards and forwards. These are ranged side by aide to form a breakwater, and connected with their principal ends are iron or wooden rods, moored oat to seaward, each rod having a joint at half its length, to which is attached • heavy weight, so that when the sea is at rest one half the rod hes flat at the bottom, while the other extends in • diagonal direction to the top of the breakwater. The effect of this arrangement is to allow the breakwater to yield to the pressure of the sea, and to bring it back to its place after the force of tiv• wave has been spent. Mr. Smith referred, in illw.tration of his principle, to the comparative harmlessnesi of the sea in strikiog a ship when she was adrift. As long as she was adrift, and yielding to the intermittent action of the water, she was safe. Precisely so it was with his breakwater. As to the strength of hie breakwater, hundreds of ships might be moored to the screw piles and be perfectly secure. There was another point which deserved to be looked at. Stone harbours were liable to fill up, and form so many artificial reefs. The plan he proposed offered no interference to the tidal power. It would act in the same m the piers of bridges, narrowing the channels, and thereby increasing the scouring effect of the water. With regard to cost, it might safely be said that as much money as would erect • dozen of these harbours had beea lost during the lest two gales. The association, after Mr. Smith had given his explana tions, resolved that a letter should be sent to that gentle man, en behalf of the members, expressive of their satisfac tion with the simplicity of the proposed arrangement, its great economy, and its applicability to the purposes in tended. Before going to Manchester, Mr. Smith had visited Liverpool, where he had laid his plans before the committee of underwriters, before the dock committee, and before the Chamber of Commerce, each of which bodies had passed resolutions expressive of their high opinion of the invention. DAILY WEATHER TABLK Falb''. JANUAR! 14, 1853. The state of the Weather at each of the following places at Niue o'clock yesterday morning. The station' are arranged in order of latitude. HASTINGS—W. ; Gentle Breeze; Overcast. SOUTILAMCION—S.W.; Gentle Breeze ; Overcast. F ; Light Airs ; Overcast. ; Strung Breeze ; Partially Cloudy. GARRNWICH—S.W.; Strong Breezt ; Overcast. STROOD—S.W.; Gentle Breeze ; PArtiall i t Cloudy. SWINDON—S.W.; Gentle Breeze ; farti y Cloudy., Caunninon-B.W. ; Gentle Breeze ; Partially Cloudy. YARMOUTH—W.; Gentle Breeze ; Cloudless. HOLTHRAD-8.W.; Strong Breeze; Overcast—Rain. SHAY—S.W. ; Strong Breeze; Rain. The returns tram the miaowing places did not reach this office in time for publication yesterday; they therefore indicate tke state of the weather on Wednesday morning at nine o'clock. ; Gentle Breeze ; Overcast. LANCASTICR—W. ; Heavy Gale ; Heavy Rain. WHITBY—S.W.; Strong Breese ; Overcast. DAILLINGTON-B.W. ; Strong Breeze ; Overcast—Heavy Stain. THIS DAT, NOON. llyane of Wted. Strewn or W'II. Mete of ribs Weedier, W S.W. Beetle Breese. Fine. THE OFTICE OP SCILVETOR-OENERAL OF TILE ORDN•NCR has been filled up by the appointment of Colonel the Hon. Lauderdale Houle. There will, in con sequence, be a new election for Forfarshire, but the return of the gallant colonel will not be opposed. [Advertises:total—THE FAIL OF ALDBOROUGH sro HOLLoWees Ptutc.—Au ewe by ale miraculous mods:one, after every other means MO hat ea anima hum his Meditate's letter, dated " Yitia Ilevehm, Leghorn. Fek 31, 11143.—T0 Profess:a. Holloway. big to assesist yes dot raw pilia have effected s cure of a &seeder is my liver end aamsal w an the must eminent of the faculty at luxes asa all over the Jauntiest had not beets able to effect—nay, not e ver tie mares of Omishad or Varitabati. f•Mned) AumbaccatThose wonderful will sure any throrder at the UM Olt NOW. OW _Ole otntmcni) at MINNS' amoblielmant j e a a a t i = law flocsad ay ell andialas nadirs tbeaaalmal ifs MARKETS. COTTON.—LtvanPoota JAN. 13.—The sales of cotton to-day err estimated at 7.000 bales, of who'll 1,500 are taken on speculation, and &X) for export—all American. The tales comprise upwards of 6,000 American ; 200 Egyptian, at bid. to &l.• 1,000 Surat, at Std. to 4id.; MI Sea Islands, 20d. to 221. The market closes very firmly. 6f to 6 New Bowed and Orleans are in goo deman d, and /one to boy. All other kinds unchanged since Friday, JAN. 13.—The market for cotton goods' ' has been very quiet. The continued fall of French secu rities, the gloomy forehodines engendered by the continu ance of bad weather, and the fear that the Bank may fur ther raise the rate of discounts, though they have separated without doing tri to-day, have a depressing influence on the market, and though we have no alteration in prices gene rally, merchants are constrained to act with so much cau tion that a very limited business could be effected. In 20's water twist buyers could operate with more advantage, and in goods where there are any stocks a slight giving was no ticeable. The contracts still running, however, support prices, and, generally speaking, it is only where an exten sion of such contracts can be secured that a downward ten ' dency it observable. WOOL.—BnAnyonn, Jan. 13.—The inland buying or jobbing from stapler to dealer and broker, referred to last week, still continues, and large quantities hare been bought both of Colonial and English, which is necessarily au ab straction of so much weight of Wool out of the market, whether on speculation or shipment, it matters not. Our supply here is less, and a firmness in price is associated with the feeling that Wool has not yet seen the top. The very bad weather has not in any way damped the spirits of the buyers, who have as yet shown no symptoms of uneasiness, and anything good is a ready sale at prices that cannot at present be realised on yarns. Neils and broker are good to sell, but the advance is yet small compared with combing Wools.—Bradford Observer. MANUFACTURES.—BaLovoaD,. Jan. 13.—Yarns : The continued activity in the wool trade is putting the spinners into a position very unsatisfactory and ruiuouq, for, since the trade is nearly one of day-by-day delivery, it is necessarily one of contract or order, and unless the orders so taken are immediately covered with • purchase of wool, before the orders can be supplied, the advance on wool will have been so great, as to leave no margin for spinners' wages—and the average deliveries now making by the whole trade, would not allow oae frac, Lion fur labour. Pieces: There is a fair amount of business doing, and anything offering from yarns of old orders is good sale, but to cover cost there is no opportunity, and to speak of • brisk demand, which can only be effected at ruinous prices, appears disheartening at the opening of another year.—Bradford Obrerver. IRONMASTERS' QUARTERLY MEETING.-131n- XINGU/AI, JAN 13.—The third of the quarterly meetings of the ironmasten of this district, for the current quarter, has been held here to-day ; the floor of the Towu-hall was crowded, the attendance being more numerous than we remember to have witnessed for many years past; amongst those present there being representatives from many of the most eminent London and Liverpool br kers. At Walsall and Wolverhampton, on Tuesday and Wednesday, the business transacted was comparatively trifliug. At the early part of the meeting to-day, a strong feeling was mani fested by consumers, that there had been speculative pur chases sufficiently large, coupled with the recent advance in the rate of interest by the Bauk, to temporarily shake prices ; but before 2 o'clock this feeling bad died away. The irenunsters, without exception, concur in the report that they have large orders in hand both for export and the home trade ; for the latter, for iron for gas-pipes as well as largely fur sanitary purposes, in ad dittos to a steady demand for the general branches of our manufactures ; the trade is therefore considered to be in a very healthy condition—orders were as freely given as re ceived at the prices fixed at the preliminary meeting held at Dudley ten days since; these may be regarded as firm, and we are assured that there is a general feeling amongst the ironmaster, themselves which is adverse to any further advance ; the surest means, as it appears to us, of preserving the trade from a very large amount of injury. In Stafford shire tho stock of iron was never smaller than it now is ; in Scotland it is larger, but this has arisen chiefly in con sequence of the difficulty there has been in obtaining freights during the late tempestuous weather. The prin cipal speculation has been in pig iron; this was said to be somewhat shaky to-day—that is, orders were ac cepted with more freedom, but prices remain the same except for Shropshire pigs, which were done as high as 61. ton. Both for sheets and bars the demand continues very large, and if no further attempt is made to push up prices, there appears to be every probability of its remaining steady and healthy for some tune to come. Rumours were afloat to-day of a disposition having been manifested by some makers to repudiate contracts ; we are hopeful that so dis honourable a proceeding will not be persevered in, for the sake of that honourable reputation so long maintained by all persons connected with the iron trade. Staffordshire iron-stone is now realising from 21s. to 225. per ton ; and tinplates (charcoal), 355. a box; ditto (coke), 30s. to 31s. per box. Coals are scarce, but we are assured that no fur ther advance will be made in the price of this commodity. CORN.—BIUMINGRAU, JAS. I3.—At Gloucester and Worcester markets the supply of wheat from the farmers was large, and the trade ruled dull, but lower prices were not generally submitted to. Barley held for some advance, which could not be obtained. Oats less in request. Beans and peas unaltered. During the present week the transict lions in wheat have again been on a limited scale, with the turn in favour of the buyer on the sales reported. Barley taken more freely at former rates. English oats Bd. to Is per quarter lower, owing to an increased supply from the farmers. Peas neglected. Beans fully u dear. At this day's market there was a full supply of wheat, but all de scriptions sold readily at the currency of this day sts'n night. Barley rather higher. Oats found buyers slowly at previous rates. In beans no alteration. We had rather more inquiry for peas. Bitterer. ' JAN. 13.-The market to-day has been well supplied with English wh at, both old and new. The new still comes to market in very bad condition, and good samples are rare. The account, of the state of the country are unfavourable; rain, rain, nothing but rain, with the lowlands under flood, and future prospects anything but encouraging. Prices of all descriptions are firm, and [good qualities of old find no difficulty in realising 695. to 60s. per imperial quarter. New also brings quite as full rates as were obtainable at last week's market. Foreign wheat is firm and quite as dear. In flour there is not mush doing, and for English seconds the prices of this day se'nnieht were barely supported. American barrel flour remains about the same. there is a somewhat active demand for malting barleys, and the best qualities sell freely at an ad vanes of Is. per quarter. Grinding parcels are also of pretty ready sale and are dearer to the extent of &I. per quarter. The market has been indifferently supplied with oats ; indeed, the arrivals for the last week or two have been small, while our stocks are far from large. Prices are, therefore, in favour of the serer. In beans there is a consumptive, but not an active aemand ; participatiug in the upward tendency, prices are on the rise. Our ship receipts of all descriptions of grain have been unusually light. The prices were :-English new wheat, 625. to 60s per imperial quarter ' • ditto, old wheat, 445. to 60s. per ditto ; foreign, white, 545. to b. per 4801l)s. ; foreign, red, extra fine qualities, 60s. to 525. per ditto ; ditto, fine qualities, 524. to 545. iper ditto ; ditto, ordinary qualities, 48s. to 50s. per ditto ; foreign, hard, 465. to 475. per ditto. English seconds flour, 37i. to 39:. periled(; United States,&e., sweet, 28s. to 304. per barrel. English malting barley, 3.55. to 38s. per imperial quarter; English and foreign grinding ditto, 27m. to 28s. 6d. per 4001 W. Devon and Welsh feed oats, 18a. Od. to 19s. Od. per imperial quarter; Irish white, ditto, 20s. to 21s. 6d. per 3201b5. ; Irish black ditto, 18.. 9d. to 19.. 3d. per imperial quarter. English beans, 365. to 40s. per ditto ; foreign ditto, 335. to 36.. per 480Ibs. The arrivals on shipboard for the week have been :-Whest, nil ; Oats, 1,736 barrels, 135 quarters. The official return of the corn inspector gives the following averages :- Wheat, 435. 10d.; oats, 18a. 11.1.; barley, 335.; beans, 48s. Bayless, Jan. 13.-We had a pretty good supply of Wheat, the condition of which was wretchedly bad; the trade was slow, but business was done at fully last week's prices. Old red Wheat made 295. 6d. per sack. Barley was in middling supply, and the trade was dull at last week's prices; 38s. 6d. a qr. being the top figure. In Oats, Beans, aed Peas, no alteration to note. NEws.az, Jan. 12.-There has been a tolerably free re quest for both Wheat and Barley, and a fair business done. For samples of the best qualities an advance of Is. per qr. was given, inferior realising about the same as last week. Oats, Beans, and other corn were but moderately dealt with. Averages:-Wheat, white, 60s. to 48s. ; red, 48s. to 535.„ Grinding Barley, 24,. to 295. ; malting, 275. to Ms. ; Oats, 18s. to 245. Beans, old, 425. per qr. Nawnunx, Jan. 13.—We have this day a good supply of Wheat, which met a slow sale at the prices of last week. There was an increased supply of Barley, which sold at higher prices, fully le. per qr., but the market closed rather doll. No alteration in Oats, Beaus, or Peas. UXRRIDOZ, Jan. 13.—With more Wheat at market to day ; the trade dull, and last week's prices are only given for the best aorta; secondary qualities are le. to 2s. per qr. lower in value. The beat price for new is 565., for old, 625. per qr. Good Oats are Is. per qr. dearer. _ _ WATERFORD, Jen. 12.—1 n the absence of oR, arrivals from abroad Pince Saturday, and with vary limited supplies of farmers' grain, our market continue. firm for every arti cle in the trade at the currency of last week. EDINIIIUROH, Jan. 12.—We had rather a good supply of grain in the market to-day. Salm, though nut quick, were easy, and that at a small advance on last week's quotations, on all aorta. Wheat, 43.. to 575. Barley, 26,. to 31s. 6d. Oats, 17s. 4d. to 245. Beans, 3'2s. to 375. CATTLE.—NEwasti, Jan. 12.—A small market to-dap, and but little hoariness doing. Little or no alteration to prices. There were 102 Beasts and 138 Pigs penned. SALFORD, Jan. 12. We had a good show of stock for the season, of very fair quality. The increasing demand seems quite sufficient m take off any supplies, however large, and good Beef and Mutton found ready buyers at very full rates, say Beef sd. to Sid. per lb. But little unsold. EDINBI:11.0H, Jan. 12.—The number of Cattle in the market this morning was 602, or 78 more than on this day week. Sales, on account of the high prices asked, dull, and 1 1 lest prices fully supported. Top price of the best Beef, 7s. Bd.; current top, 7s. 3d. ; current price, 6s. Gd. ; mid dling and inferior sorts, from 5.. to 6.. per Dutch stone. The number of Sheep in the market was 3,010, or 812 more than last week On account of the large supply, last week's pima were barely supported. Top price of the best Mut hon, .604 current top price, 6d.; current price, sid.; middling and inferior sorts, 4d. to 4.d. per lb. At the do ss of the market a good clearance was effected. CIIEESE.—SALtenuttr, Jan. 13.—The supply of Cheese to-day was shorter than fur some market pm!, hut the weather being very propitious, the attendance of Wye, * was rather numerous. The general quality of the Ch eese was rather interior to the late sukplie,, but not a ithstaa c t, ing, the trade was brisk at the commencement of bunnesy and nearly the whole pitched found purchasers at a trdhe t advance on the terms of this day month. The fallowing are the quotations. Somersets,o2s. to 60s. ; half-skims, 34 e. to 40s. ; half-cowards, 201. to 305.; skims, 225. to 2 s. pee cwt. SHIPPING INTELLIGENCE. SEABORNE MAILS. EN signies that thy mauls us sent frost the Neural Purt-olis by the Usht--sad M by He morning—, espuch.l Haywire ma... l ., tr... ...ut i --••••• 000XTBIEB. In General Puet Fat Who Moe Landon deepatoheL i dim --- '"4 Ainerint( hrim(hyUni yßettpadlet N Ilk 14 llmapon:... Jan _l7 Aiseted Staten pashet) ...................N,Jan. 95 ...... Live/pew:.,,.. Jan. 20 arnertea(byG-stataa.‘l if Austreila(via &Ulm. son) ' Ditto (via Marsei ll e ) I I titth attn. mon th Dover fan. 17 .04tto(via Gee of Good I Hope) .ll 2nd of February...lPlymouth ...IJan. 9 , ) Arden ( Wort Wind) II '9,1111 ...t the a, ails t .)310,1L. ... i Feb. II iintandria• N linntittath of stun. Dever .... -..,/sn. HI Belem .ll Lied; i Dover - ... ..-iDetly Brasil lll 11th of the month'Sotatimmpt.a..lan. 11 tineno. Ayes. „rth of tbr iticnthiS.mth:irvm . Jas. le California if TudAitti.of mead: Soutl , .. .., • . Jan. IS • Caps of Gond Rope, N 14th of the month rSouthempton. hn. a Cape de Verdc N i lath of the erumth , tiouthanipton.iJan. 21 Constantinople • 11 jittil2th27taof ma Dover J a n. le ...lastest America /glad& 11tlitfm.oth tiouthainoou. m a . is thiannel lelre N!Moa.,Wied.,atreld XletheruVter.. re Thai Chill 1 1 1120dJe170 , N aunt* !!. 4.. ..Miltoe . ha, 111 Prunes ht k N !Tyke daily !!over Winds; 0211011• 0 ........... .....Nl7thl7 th27the4 inou I Donn .-- Ash 91 Hambarg............ ..... NiTundsy . Pril..y _ _ ._lAmdmi.... Holland ..................11 We.loe.. St Saul: .11.anm It* Honduras N .17th of the month irmithsaipt.a. hit. IC Intim! -SI tit N (Twin daily .. .... tielylead„.„ ivi es s s . hidia(vtaSouthaniot.) V 10th e the month Huth.nt,teri. Jan. 24 India (via Manta.) N Stlid24tb af month 'Dever .... 1en.17 India (via Cape of Good I Hope) N 14th of the month!Voutharapton. Jan. 91 Mauritius N lith of the mouth Souttounptun..Jan. 10 Itediterraaaaa(via • .. Ceuta, I . cl loth of the I:within...OW ate .fan. 24 m ell eiko ara tterti p3 :ll ) azurites) M N !S wi thu nf tat tbe l• , ra . t or , s ui th jew D.r. t o , ! ..,,t. : . J p en .b .. V Madeira ll 111 1 / 1 23d of the dual emanate Ito,. P.n. It 1 7th,17tri,190.,27tb: MHO '• 1 A.Sothof the mouth ID•ver ..... .... an. IS Napless N ItAlsth2:4lsohno. Dover ....... Jan. It Papal States. N Sth thth2stholoson: Dover Ju. 22 Pontius:die M 7thl7thetkof mon llonthamptor . Jan. ti Peru. lit tadal7tl..amonthielnuthamphrt. en. li faseta . y. N Stb 131% 2 4 0.0 f awn i Dayrr West Indies .... . .... ..5i 2ndati7th of mom h Antb..ati...t Jan. Is Van Diemen's ..... isee • eke =dieter Anstealia via the Cape of Good Hope me imili--"'ln • al— as mai ls for la rut the Owe of Good Hope am mast ID en the 2nd of every alternate month. Those made up on the to and 24th of each month via Southampti.l and hiaraeillca are scut I, sailing weasels at present from Sing.tpore. Malls are dna made up on the cnd of every alternate mot Alt the Cape of Ural Hope. • lie malls to those countries thus marked (*) are conveyed', French packet to Marseilles. CASUALTIES. Allegro, which sailed 10th inst. for Apalachicola, has ps2 back, hiving sprung a leak.—Liverpool, Jan. 13. Charles Holmes, hence fir New York, put into Queens. town with mainmast sprung, loss of sails, and leaky, Au being out 43 days.—Liverpool, Jan. 13. Eva has been totally lost between St. George and Porno. Mem. The Eva, Long, sailed from Galata for the Units/ Kingdom, Dec. 1, and from Selina on the 11th.—Galat 5 Dec. 30. Honors, T _, Boole, was run down, Oct. 19, by the Emigrant, Errington, arrived at Mobile from Queenstown ; five Of the crew saved ; mister drowned.—Bridport, Jill. 11. Meena Sygiena, from Aiguillon to Liverpool, in going down the river of the former place yesterday, struck on a saga bank, and at high water was quite covered ; cargo last, —Mayans, Jan. 10. rovincialisi, of Londonderry, was fallen in with on Die. 23, la 36 N., 61 W., with the signal, I require imam diate assistance," at the gaff end, and the ensign, union down, at the main, by the Walton, arrived here, Jan.lo, from St. Domingo, which hailed her several times, DIA receiving no answer, considered that she had been re. oently abandoned, the ship being without long-hoat 01 quarter-boat, and the main and miaentopsails double reefed and aback ; she was very buoyant and easy, sad not shipping water. The Provincialist sailed from this port, under the command of Captain Shields, about the 4th December, and was erroneously reported as having arrived here on the 10th inst.—Liverpool, Jan. 13. ARK IV ED. Amr—ot Plymouth, January 12, from A LDA , IIOIII —at Plymouth. Jan. 12, from St. trl= Am. flasonaaron —at Lire . rpo?l, January 13, from Mewed. ._.... , ~ ....., . Asaswevaa—at Gravesend, ,. January 13. from Coln Barnsn Qesan—at Gravesend, January 13, tram.........aradefall Bruow—at Liverpool. January 13, from ialfrafel Gnast.ui Someone—of Liverpool, January 13, from.. _Chafe* Ganourra—at Deal, January 11, from , Maio Erna—off Liverpool, January IS Gaartrons--at Graveeend, January 13, from CFO* Oren Quasar—at Deal, January 11, from Queenson IL W. Maisano —at Bristol, January Id, from. ...Barbuda lIIIIIIIT W ALDO IltoS—at Deal, J anuary 11, from Liverpool, Duran—at vLiverpool, January .3, from B. Jas. D. Cooraa—at Liverpool, January 13, from New illt Lama—off Liverpool, January 13, from Bala Lacer—at Grayseend, January 13, from Mauritiaa timan—a3 Gravesend, January 13, from Orma—at Gravesend, January 13, from .Nc S ir m i r e v rt Panama —at Orallolood, January 13, from Theis Parses or Sala Comma—at Deal, January 11, from Queenaton itorowa—off Pill, January 12, from Quehle tartar—at Falmouth, January 11, from. Logisca Bossnr—at Liverpool, January 13, from Alexandria Br. Barrans—at Liverpool, January 13, from Palms Taors—at Liverpool, Januaryl3, from Liston Tuner—at Gravesend, January 13, from Smyom ISAILAD. darnig—ham Gravesend, January 13, to. Mottle Bzurasnte—troan Gravesend, January 13, to .. ....... Mobile I:ol.rurs—from Gravesend, January 13, to , Caertnang Gramwoo, January 11, to t—trona Sunderland, January 19, to Derbies VESSELS SPOKEN WITH. Vim. aim don of Trumps, 24 days from Guernsey ; Chased, of Eabtombe, 031 31 days; Jas. 1, both off St. Michael e. Harriet, of Brisham, 73 days from Smyrna for London, Jan. 7, lat. 34130 N.. lon. 3 30 W. Paragon (b.aque), of London, for Coquimbo, Nor. 10, lat. 20 8 4 lon. 31 W. Wlmceles (barque), from Liverpool for Demerara, Dec. 12, lat. 16.01. los. 34.0. SHIPPING AT LIVERPOOL.—By a statement pub- lished yesterday at the Liverpool underwriters' room, Iva are informed that there were 225 vessels bound on foreign voyages lying in dock on that day " wind-bound," and of that number 52 are vessels compelled by stress of weather to put back. [Advertisement]— FIFTY THOUSAND CURBS InTllOlrT Morales by Baaav's RXTALLNTA ARABIC., FOOD. Curs 49,832 Fifty years' indescribable agony from dyspeperay nervousnes, asthma, cough, constipation, flatulence, spasms, sick. neat at the 1t011141113, and vugattinp, have been removed by Du B ezoellent f00d..-11ar1a Jolly. Wortham, Ling, Bear Dies, No7f r oe Cure No. 71 of dyspepsia : from the Right Hon. the Lord Stuart */ Denies I have derived considerable benefit from your Food, and authorise the publication of these lines. "—Stuart de Dories. Sold canister,, S lb., at Ha.; 12 lb., at as. Super.refsned quality, 10 at ; Sib., at 22a; the 101 b. and 12 lb. canisters trre ot parries% by Bazar Du dual and Co., 77, Reicent.street, Loudon. • BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. HOLLAND.—Jan. 10, at Cropiho. ne,the wife of P. D. Honet* Esq., prematurely, of a son, who survived only a short time. JOLLIFFE.—Jan. 11, at Car ton.terrnoe, Lady Jolliffe, of a son. LITTLETON.—Jan. 11, at Exeter, the wife of N. Littleton, Esq. surgeon, R.N., of a son. lIANNERS.—Jan. 10, the wife of A. Manners, Eq., of a son, still• born. the wife 61 Miff —Jae. 10, at Lampbey-court, L. Mathias. rag., of a daughter. PRICE.— leo. 9, at Langley, Hoek', the wife of C. 0. Price, Esq., of the Inner Temple, of a daughter. MARRIAGES. BATES—RAW.—Jan. 11, at Bt. Mieb,(l',/, St wkwell, by the Rey. M t Walton, Recto. of Great Moulton, Norfolk, T. H. Retie, Esq., et. Wolaingbani, Durban, to Eltsa, third daughter of the lam J. Barr e Req., or Boston. POWNALL—BIA)UNT.—Jan. 11, at the Chapel, at Mawley Haab Salop, by the Rev. H. Blount, Henry William, ,econd ',on of H. Postman, Esq., late of Spring-grove, ?diddle/wk. to Fanny, fourth daught-r of the late E. Blount, Req., M.P., of Bellamere, sat. tantalum. WEBSTER—VAVAISOCR.—Jan. 11, at Ashby-de-la-Zouch, by the bee. J. M. Presley, MA., Rector of Seale, and Domestic Chop. Ws to the Earl Ferrero. the Rev. M. Webster, third sun of J. Webeter, :Feq-, of N aas , Warwickshire, to Frances Witham second daughter of the Rev. M. Veva:tour, Vicar of Mt/by-de-la &tech, Rural Dean, anti Honorary ration of Peterborough Cs. thedraL WILLS—STANCOMB.—Jan. 11, at the Tabernacle, Trowbridge, by the Rev. T. Mann, William Henry, son of W. D. Wills, k i n,., et Rriet.l, to Elizabeth. youngest daughter of the late!. Staneowb, Esq., the Proem/et, Trowbridge. WYATT—NICIMILL.—Jan. 11, at the parish church of rake, Mon mouthshire, by the Rev. Hirt Nirboll, M.A., M. Dighy Wyatt. , of Guildford-a:feet, London, to Mary. second daught, of Iltyd Nichell, hew of 1.1.1ce, Monmouthehire, and the Ilsm, morganahire. DEATIIS. ANTROSUS.—Jan. 10, at Acton, Middlesex, the Rev. W. Antrobas, Rector of that place, and of St. Andrew Undershaft, 83. BOSO ged M:4l.—Jan. IS, at Chetwynd. park, Salop, Jane, relict of the We T. borough. Soli. aged 76. BRADSIIAW.— Jan. 0, at Brighton, Stajor.Gen. Bradshaw, K.C4 late of the Ist Life-Guards, of Hark y,rtreet, aged 85. ELMORE.—Jan. 11, Alfred, only child of A. Elmore, EN, Bakta Devonahlre.street, Portland-place. 11ORLEY.—Jan. 11, at Peon, near Wolverhampton, E. Horsey, &Iv of Liverpool, aged SI. HOSTON.—Jan. 11, at Studley-terrace, Stockwell, Capt. J. Bones, late of the Royal Stair Corps, aged 53. IMPEL—Jan. 11, at Oxford, A. L. Bliley, req., son of Capt. J. I. homy, Twq., INN ES.—Jan. IS, at Leyton, Mary Anne, the wife of lames Innen, SI. of Lorca. Mex. MANNER-4.—Jan. 11, Harriet, wife of A. Manners, Esq., of Rat. land.gate, ll3 de -par k. Printed and publiobed by WILWAN Kum lIALs4 of Na 6, LambalB• menet, in the City of London, Printer, at the Office, in Looter& west, k the preslaot of Whitefriati, Painao, JAMVAIT s •1 ' r e