The Express. — London, England, 1853-01-28 00:00:00

Raw fniclittynce. EQUITY COCin . S.—YESTIADAT. Ws ti TPIR 11.11011 or Apricot.. IN RE THE OXFORD ARO W.,ITCYATER EXTENTOON ANT. CHEATER JUNCTION RAILWAY C . Ex rximx Mons-nos.. _ . Mr. Morrison, who had been one of the managing com mittee et the c..inpmiy, hot loon obliged to pay ZOOK. upon e debt civic iiigivist the o !UM he had ennitht to puree as a debt arraiwit the company in the Mass tore office, but th- eluint hu on behalf of the other rintriliutories, on th+ oroond that Mr. Morrison bad received large sums from the shareholders for which 11, had not yet accounted. The 31.ister had refused to admit tle claimsus a &ht. Mr. ileestll Low al peered in support of an appeal from thst deeisien...nd said that Mr. Morrison merely wished to estatlist.l::% tililll at I.lor, I.) es to I o etiabl. 4 to he en titied to be credited with it in his accounts with the cons- patio. Mr. Roxburgh, for other contributories, objscted the? no claim ought :n lee established as a deht until the result cithe 11/10it hetwten the claimant and the eompeny was known. lo the present case Mr. Morrison would bo fauna to h • in tne result indebted to the company, but if the primula eloint s. .r ndmittcd a call might at once be Made Is rest', :t of it, although there might in the result be ho debt due by the company. Mr. Cairns eppitar 4 for the official manager. Their Lordships ro ole an or :or, declaring that Morrison woe a creditor ..f the company in respect of the 3001., bat that as en NCt.l43t 11:1 peud.ng between him and the eon pant, no call ah ntlil be made by reason of this debt, antil the Muter should have taken the account. la an Tile Datti. - r PLTI nma. Davos- Pont RAILWAY CoMPAST X raisin !Measles. WOOL- Mtn, BASTARD, AND K E IXODON. Thu petitioner' hid bees throe members of the managing committee o! the irimpany, and had received from Mr. Tanner, another monber of the committee, 22.51., in con sideration of whkb they age' tl w iodem o ify him against ail dream:do its I.' specs of ti.e tompany s li.hility. Tb• Master, in winding up the off airs of this company, had made an order, _calling Limn the petitioncrs to account fur the sum le Feet ived. Mr. Follett and Mr. T. V. Prior appear...l in support of an appeal from the 31 cc's order, and argued that this was a men private traoraction between the petitioners and lb.Tanr.er, and ought not to have been mixed up with the amounts arse come .uy's assets, the company having been In no way prisr to ,ranuiction. Mr [Labor/it apposred fur the official m.urver. Their Lordships wen, of opialeu that the order of the Master shoals! he disettaiged, there being an sronud what ever for the e.sint •ktairt•l flee petitioners. As that claim Dd neiginatcd eotirely with the °facial manager, they dirotted that the costs of the proceedings upon it an tits Master's elites •houlil b e plot by the official et.taager, az! they of the appeal out of the estate. - - - - Sweet wee Low. cninweitaa are wax WU* 'rain& El.nLr+lo,lll e. CuLLlrio.-81: /VAIN*, it to • MAR NISI, W./MAX OP A CuPTHOLD ESTATII To A SISWAILLi 01 A MALAIIa. WU./ i• A MIXOIII. This was an ay; era hum Sir G. Turner when Vier- Chsuct 11 , r, who decided that • surrender by a married woman of • copyLohl estate to tile deputy-steward of a Mao', who was • minor, was saki. The ease, which iuvoived • que,tion of very old law, was suued at some length, and the court pestponed judgment. The Lord Chancellor, after going rlirOugh the (vets of the cut, which are of no interest bet to the parties MO COMA. said that it had been contended that the infancy of the deputy-steward wia sucu an error as rendered the sue. Twaltr rim:: and void ; hat, upon the anthoritie. (which his lordship carefully examined), he was of opinion that the office of deputy.eteward was one which might be exercised by a minor ; and, therefore, the deciviou of the court below mast be affirmed. The Lords Justices having concurred, The appeal was dismiawoi. Re NiItIr.:.—LUNACT. In this well-known case a petition was presented soon after the decision of the ioquisitioo, by which Mrs. Cum ming was found of nesound mind. asking that the edds which hod been incurhil by the petitioners might be made a charge on Mrs. Cummings estate, but payable after her death. When the petition came on for hearing, it was or dered to stand over, and sine° then an agreement had been drawn up by Sir W. I'. Weed on behalf of the petitioners (Mn. Cummings children), and by the Solicitur-General en the wart of Mrs. Cumming (the terms of which were tally reported a short time ago), but the Lord Chancellor then doubted whether be lad th , . power to carry that agree ment int.) effect, and ilirec•A that the traverse brought by Mrs. Cumming should be tried. The petitioners now ap plied that the emits which had already been incurred should be paid. Mr. Follett and Mr. W. Morris appeared fur the peti tioners. 'tee Lord Chancellor expressed a doubt whether he had jurisdiction to make such an order while the traverse was penilinz. Ile then asked if the fiarties were now willing to abide 11 the arrangement, the tenni of which had been agreed on at the last hearing ; as, upon consideration, he was doubtful whether he had not been somewhat hasty in thiokirg that be bad no power to carry it out. lie was de 'irony of having the opinion of the Lords Justices; on that Mr. Follett and the Solicitor-General both expressed their readiness to abide by the arrangement. It was then arrang&d that tue matter should stand over until the first day of the Sittings after Term, when the Lords Justices would report their opinion as to the power of the court to carry out the agreement. Ras DUTIII4 AND DIAL DAILWAY.—ME MIMATT, RS ELLiorr.—Tum WINDINO-VP Arr. This was an appeal from a decision of Vice-Chaneellor Kiudersley confirming an order of the Muter, placing Mr. llowatt and Dr. Elliott on the list of contributories of a projected railway company entitled the Dover and Deal Railway Company. The scheme was projected in 1845, and the shores allotted in 1816. Previoi.e to that time ne gotiations were entered into with the South-Eastern Dail -1 way Company by which that company was to guarantee the expense , of the Dover and Deal Company if they did not succeed in getting their bill through parliament ; but if they did succeed in obtainic,.: an act, the stock of the cornpan7 would be converted in South Eastern stock. The completion of this arrangement was communicated to all the allottecs by • circular dated January 24, 1846, which accompanied the letters of allotment, and by advertisement In the newspapers; and it was added in that circular that Huy shareholder wished he could have South Eastern stock for his sham, but if that was not agreed to the de posits would be returned without deduction. Mr. Mowstt and Dr. Elliott signed the deed, and paid their deposits. Since then only one pound per share of these deposits had been returned to them; and besides that, they had ben plated by the Master on the list of contributories, and a call of ss. per share had been made. Mr. Daniel and Mr. Re:burro, for Mr. Mowatt and Dr. Elliott. contended that they were not only not liable to be plated on the list of contributories, but were entitled to have the remainder of their deposits returned to them. The arguments were preceeding when it appeared that it was a point in dispute whether Messrs. Mowatt and El liott had received the circular above alluded to before or after they had signed the deed ; and the cue was ordered to stand over for the purpose of affidavits being made in that respect. The re.t of the day was occupied in a continuation of the aegunu lit. in " Its Sharp," ► lunatic, and the cue was not concluded when the court rue. Boom NW= or via foul. BRALN V. SYMONS. . . His Ilonour gays judgment in this CUB. It hail come on on deepness to the Master's report, and the question to be decided was, whether a good title was shown by the vendor to a house called Clarence Rouse, in the neighbourhood of (Roadster, end which had been sold by the direction of the court. The Master had found and reported that • good title was oat shown, and the vendor had excepted to that report. In March, Ib3o, Williams Reeves Fold the messuage in question to Thomas Cowley for 1,8.501., of which 8001. was to be retained for the purpose of paying off a mort gage. Subsequently, the legal estate became vested in &must Basle. The question that arose was, whether any person could make any claim by or through Cowley. It no each claim could be made, it was not disputed there was a good tale. It appeared that the 1,8501. paid by Cowley was not his proper money, but was money he had as exenutor of • Mts. Eekley ; but he died without ezecut tug any deed of trust, and it was contended that he was a mere trustee, and that his interest was merely equitable. There 'des no doubt that the legal estate had been duly muted in the mortgagees, and was afterwards conveyed by them to the testator Beale ; and if the court was of opinion that there was not sufficient evidence that Cowley was a mere trustee, then it was ooateaded that as he was an ille gitimate son, and died unmarried, be had no heirs, and that no escheat to the crown took place. With regard to the first question, though _he was inclined to think that Cowley bad ao besefirtal interest in the property, yet he did mot think the evidence of such a nature as to justify the wart in compelling the purchaser to take the title. Oa the next question he bad arrived at the conclu sion that, if Cowley had any bene fi cial interest, no escheat took place. But then arose a question whether the title of the montages wasgoted as against his crediton in other words, ul e ther a 'MOW of Cowley might not have ob tained arlatinisiraticm, and thereupon redeemed the siert rote. Now Cowley died in 1831, and, though ordinary debts might be barred by the lapse of time, it might be that a deed of covenant might come into operation, and he did riot see how a good tiff* could be made out without affirm. ism the principle that • mortgag ee could bold th.i whole property against his creditors. It was true that in the pr. - erne ore the affirming of such a principle might be pro ductive of no injury, but if established it would apply in every Woe where the mortgagee might have left debts far exceeding the amount of the mortgage, and would do great injustice, and would be a proposition contrary to both the principles of this courtand to authority. He should, there fore, affirm the Muter's report, and disallow the excep- Cone. As, however, the ground on which he proceeded ditd red from that on which the Master founded his report, be should not give eats. Mr. Roupell said he was in a condition to produce addi tional evidence that Cowley had no beneficial interest. Ili. Honour said then it might be mentioned again on Saturday. Mr. Itoupell and Mr. Shatter were counsel for the vat dor, end Mr. Loyd and Mr. Iloare for the purchaser. Pen= Trerriummune ok.k. W. Ps,e worm. Tln MIDLAND RAILWAY CO AAA 1T r. YHA AIIPAA OATS, NOTTIIIONAII, AND BOSTON, AAD RAATLAII J CS (.- 110 N RAILWAY cIIITAXT, Mr Rolt ata Mr. 41;4 on behalf of the plaintiffs ap plied for an injonctios to restrain the defendants from maim, Of inthoriung, a painting the Gnat Nathan, or any other railway c•mpatty, t, use the plaintiffs' station, and other accomusedationt at Nottingham upon the terms mentioned in en award made on the :eh cf August, MO, or otherwise, and to restrain th- said defendants from bring in.i, nr e•ino. or einhorieing. or permitting the Great Northern Railway Company, or any other company, to bring or use upon the plaintiffs line of railway between the panetien at Culwick and the plaintiff,' station at Notting ham any locomotive or other engine, or other description of moving power which had not been first approved by or on behalf of the plaintiff., pursuant to the provisions of the Railways Clauses Consoli tation Act, or any carriage in re spect to w filch r pr.visior of the sante act had not been first complied wish. It appeared that by the various acts of the tw companies., the defendants were empowered to make a line in substitution of a portion of their original line, commencing at a junction with the Nottingham and Line In branch of the plaintiffs' line at Culwick, and the plaintiffs:were precluded from charging any further sum than the t ins due for the distance over which the traffic of the Ansbergate Company was conveyed along the Midland I Railway, with a reasonable charge for loading and unload ing go de, and for station accommodatioo, as sereed upon between ;he two companies, or, in ease of difference, us should be settled by arbitration. The defendant, never made the whole of their line, but only so much as laid be tween Grantham and the junction with the Midland Rail way at Colwiek ; and it being agreed that the traffic of the Amhergate Company should be conveyed into Nottingham over the plaintiffs' line, and that the raid company should have the use of the plaintiffs' station at Nettingham ; the question of terms was ultimately re ferred to Mr. George Carr Glyn, the chairman of the North Western Company, who made hie award an follows:—'• I think it right to premise that the decision which lam about to give upon the point referred to Me by the Mid land and Amhergate Companies is 'Mlded upon the een sideration of the existence of a full interchange of trathe between the two companies, and of their working recipro cally for the accommodation of the public, end for mutual benefit. A deviation front this course would fairly cause a reopening of the pending questions and another reference uoon them. On them considerations I decide—first, that the sum to be paid to the Midland Company by the Am bergate Company for rent and service in the Nottingham station for passenger tragic should be 60tH. per annum ; secondly, that for the goods traffic the sum to be paid to the Midland Company by the Arnbergate Company should he per ton, and that the charge for cartage should be the actual disbursement paid by the Midland Company." By a subeequent explanation of his award, the arbitrator stated that if the Arotnogate Company should require for any views of their own a special cleik, the payment of his salary should fall on that company, but that the Midland Com pany would of course be bound to furnish sufficient accom modation and a pia• c in the station for the receipt of parcels and also for making up the daily traffic returns and ac counts. After the making of that award the Ambergate Company used the plaintiffs line of rail., and the plaintiffs found station accommodation. In the year 1852 the Great Northern Railway was completed, and opened fur traffic between London and York ; and since that time that com pany had become a competing line with the plaintiffs for the traffic between London, Grantham, Newark, Lincoln, Y irk, and other places. In M ay, 1852, the defendants, without the consent of the plaintiffs, entered into an agreement with the Great Northern, by which the latter were to work the traffic of the defendants' line from the July following, pay ing suck tell as would, after answering all expenses, fur nieh a dividend of 4 per cont. on the paid up capital of the defendants' company, with the privilege of paying them off at par on giving Pit months' notice. The Great Northern Company gave notice of this agreement to the plaintiffs, and informed them that, as it would be the interest of the Great Northern to promote traffic over their own Nue ' it would not be compatible with their interests that the col , lection and delivery of goods should be dime by tee Mid land agents ; and that therefore they should be ?lad to know what portion of the goods station the plaintiff, could devote to the uses of the Great Northern Com pony The plaintiffs then stated to the defen dants that they were advised that the swat l of, Mr. Glyn, under which they had provided aceommeda tion for the defendants, would not apply to the altered cireumet meter under which the traffic was to be worked, and that they should not hold themselves hound to continue to provide accommodation for the Great Northern. The secre tary to the defendants, however, informed them that no alteration, would take place in the errangementa of the Anabergate Company, and that traffic would not be booked through beyond Grautham until an interview between the directors of the two companies had token place. The plaintiffs, however, found that this promise was not kept; that goods were b ooked through, and the Greet Northern advertised their trains to run from Ring's-cross to Nottingham and that engines which had never been examined by them, in accordance with the require ments of the Railways' Clams Act, ran over their line. This was denied by the defendant.; and some fur ther correspondence took place, which ended in the plain defendants ' tiff. giving notice to the that any each eliginee would be removed from their line. The defendants then gate notice to the plaintiffs that they required additional station accommodation, according to a schedule attached to their notice, which the plaintiffs refused to comply with. The defendants, however, continued to work in a manner which the plaintiffs considered to be in contravention of the agreement between the two companies, and the conse quence was the filing of the present bill . The case was adjourned at she rising of the court. BEmis Ilscs.CaLvaiLLoi STI M. GOODWIN y. FIELDING. Mr. Daniel and Mr. H. F. Bristowe appeared in support of a m"tinn for an injunction to restrain the defendants, E. A. Fielding and T. Franks, from assigning, selling, demising, or otherwise dealing with certain primises known as the Beulah Spa Hotel and Gardens, at Norwood, in Surrey, and the licenses, stock in trade, and effects unon the same. Tho motion (which stood over from the 2:ind of December last, on the defendant, E. A. Fielding, under taking not to deal with the licenses in the meantime) was now renewed. Mr. Malin. and Mr. W. D. Lewis for the defendent Fielding, Mr. Bacon and Mr. Deuce for the defendant Franks, opposed the motion. It appeared that the plaintiff had agreed with the defen dant Fielding for the purchase of the hotel and property, and business, at a specific price, and that subsequent to that agreement the removal of the Crystal Pie.sec to Sydenham had increased the value of the property, and it had come to the knowledge of the plaintiff that the de fendant Fielding had subsequently agreed to sell the pro gty and business to the defendant Franks. At this hear tact, not alluded to in the pleadings, and of which the plaintiff was ignorant at the time he filed his bill, were stated. _ _ The N ice-Chancellor thought that he could not in the present stage of the proceedings do anything as to the in junction. It appeared that very material facto had come to the plaintiff's knowledge after the bill was filed, which rendered it impossible to grant the injunction as the bill now stood. The bill would require to be amended, setting forth those facts, and the better course would be for things to remain in statu quo, with liberty to the plaintiff to amend, without prejudice to the undertaking, and the costa of the motion to be meta in the cause. COURT OF QUEEN'S BENCII.-YESTERDAY. Brivsus a Basec—licross Lop CAMIIILL, Ma. Jv•ncs Cogs. MOE, AMU ML MTN'S Wtgeniusi. MILLER T. LEATHER AND CLOUGH.—REI ILICOVZIL ♦ PONT. Lord Campbell delivered the judgment of the court ?is this case, which was argued in November last. His lord ship said this was an action of replevin for the recovery of a pony, of which possession had been taken by the defend ant Clough upon the representation of Leather that it had been stolen from bhn. Upon the trial a verdict was found for the plaintiff, with leave to the defendant Clough to set aside that verdict on the ground that he was a constable acting in the prosecution of his duty, and therefore pro tected by the 6 & 6 Will. IV., e. 76. The question before the court was, whether or not the defendant Clough could set out the fact of his being a constable, and protected as above stated, under the plea of non cepit. Their lordships were of opinion that the facts could be set out under the pie*. Rule absolute. Tirirlitzmx .-- o: Tex ANBZIWATII RAILWAY CONIC ANT. hiANDAMUS TO RAILWAY. Lord Campbell delivered judgment in this ease. As suming that the writ of mandamus had properly issued, the court was of opini at that the return, stating that the capital specified in the act had never been subscribed, and that the company had never been able to obtain the whole 'amount of the said capital, was a good &sewer. The mandamus com manded them to complete • certain portion of their line. In their reply they showed that they were as unable to do this as if their powers had expired ; in which latter case it bat been settled that a peremptory mandamus ought not to i'sue. The judgment of the court mast, therefore, be for the defendants. Judgment for the defendants. BAIL COURT.—YESTERDAY. lierrutos to Basco.—ltsrou Ye. iron= Eid.a. ?az QCXXX a. TUX REV. E. L. MuLcsatimd •:41) OTURR3.—CIXTIOILAUL Ur. Manesty applied for a certiorari to remove into this court WI indictment against the defendants for an alleged riot in Cumberland, arising out of an endeavour on their part topeotect some land of which the rev. defendant wds a trustee. It had been said that the riot had arisen out of on election which took place in July last, but that was cot true, the election haring nothing whatever to do with it. It appeared by the affidavits that a leading article had been published in the Carhale Journal, containing a very exag gerated account of the transaction which was likely to pre judice the defendants' case, if tried in that locality. The defnidants also wished to have the assistance of Queen's counsel, as the indictment had been preferred at the in stance of the principal agent at the election. Mule granted. COURT OF EXCHEQUER.—Yrzreepsy. ILTFUTOIM BANCO.7I I / 7 (111 Till — IOID CIIIIMBAIION. Ne. BAION ..- r• 11114. MM. EAU. ALIAMON, AND Mt. BARON PLAIT. WAVE/1 V. ktIDDLITON.-JVDOMENT. This ease came before the court on a demurrer toe plea. The Lord Chief Baron now gave judgment. The plea was on a deed of arrangement under tits 12 and 13 Vie., c. 106, sr c. 224, and the question at issue was ouc of very groat public importance. By the 224th atction of the Bankrupt Law Consolidation Act it was enacted—" that:every deed or memorandum of arrangement now or hereafter entered into between any such trader and hie creditors, and signed by or on behalf of six-sevenths in number and value of those cre ditor. whose debts amount to 101. and upwards, touching such trader's liabilities and his release therefrem, and the distril.uti , .n, inspection, conduct, management, and mode of winding-up of his estate, or all or any of such matters, or any matters having reference thereto, shall be as e ff ectual and obligatory in all respects upon all the creditors who shall not have signed such deed or snentotandopt Of arrange ment as if they had duly signed the same ; ai.d such deed or memorandum when so signed shall nut be or be liable to be disturbed or impeached by reason of any prior or sule,equent act of bankruptcy." It had been con tended by Mr. Manesty, on behalf of the defendant, that this clause was completely retrospective in its operation, so se to take up any deed that had theretofore been executed, entered up, signed, and com pleted, although the property had been completely divided among a certain class of creditors ; and he had contended for this upon the ground that this was the grammatical construction of the act. The rule of construction for which he urged hal been frequently the subject of notice in that court. If the court were to adopt his construction the consequences would be not merely that a deed executed in the year 1847 was valid, about which time this question was raised, of giving to a number of creditors a power of releasing a debtor, notwithstanding the opposition of other creditors; but there was no doubt that the rule would just as well apply to a deed executed by creditors five, ten, twenty, er forty years ago. And although it might not be right to look to extrinsic matters for the purpose of con struing a deed by which they referred to the history of legislation on the subject of bankruptcy, it was really difficult to believe, unless under the most stringent compulsion of language, that the legis lature could have meant to enact a clause apparently so inconsistent with the general course of de cisions, both in and out of parliament, ever since law had been a study in this country. The court was of opinion that by the use of the word t' now," an the act of parlia ment, the legislature contemplated nothing more than this, that whereas there miirtit already hare been certain negoti ations and arrangements entered into before the passing of the act, although in equity they were binding upon the parties, they should come within the scope and operation of the act, provided they were in such a condition that three months' notice might be given, which the act provided as one of the conditions Ili cessary for the purpose of justice between those who had been the moving parties to the arrangement and those who opposed it. The court was therefore of opinion that, the deed in the present case did not come within the scope and object of the section of the statute which had been referred te, and that the demurrer must be allowed. Judgment for the plaintiff accordingly. JUDGES' CHAMBERS.—YEsmDAY. Heroes Xs. JVIVISCL'EaI.r.. Lcsehnv v. GTE. Another application was made in this matter in addition to the one mentioned in our paper of yesterday. On the part of Mr. (lye, of the Italian Opera-house, Covent-gar den, a summons was taken out calling on the plaintiff, Mr. Lumley, of her Majesty's Theatre, to show cause why leave to plead several matters and to demur at the same time should not be given. The action arose out of Mille. Wagner not fulfilling her engagement it her 3lsjesty's Theatre, and the action is to recover compensation in da mages, the plaintiff alleging that he had sustained serious damage inconsequence. Mr. Creasy appeared as counsel for the defendant, and Mr. Lewis (Lewis and Lewis) for the plaintiff. There was a long discussion on the summons. Mr. Justice Erle referred the matter to the court, the plaintiff undertaking to appear, and four days' notice to plead to be given pending the application. ARCHES COURT.—YESTERDAT. Biro s &a Joni Worm TEN OFFICE OP AIME PROXOTED lIT lIVILDER AGAINST NATHAN, CLERK. The defendant, the Rev. Henry Nathan. incumbent of Fishguard, in Wales, who appeared in form:, pauperis, gave in a defonsive allegation, which, after sums reformation, was admitted. COURT OF BANKRUPTOT.—YEsTEnDAT. Ein.as Els. CAMMIASSIONIM iiOl.BOlD. IN RE MILKY AND MILEtI. This was the last examination in the case of Henry and Chas. Miles, drapers, of Limchouse and Cambridge-road. The accounts extend over a year and a half prior to the failure in September last, and show a sum of 1,1291. duo to creditors, with assets estimated at 1311. Tl.o profits had been 2741. ; trade expenses, 345/. ; drawn out by the part ner, 7411 ; losses, 2711. Mr. I'ulling opposed for the assignees, who contended that the bankrupts had not eccount , d for their takings dur ing the last two months of their trading. Henry Miles, one of the bankrupts, was examined as to the items in their acc,unts. It appeared their purchases Ind amounted to 2,7831., towards which they had paid 1,413/. ; the remainder had gone in trade and house ex penses, a great portion of which were unvouched. They had kept no account of their ready-money takings. Thi y had borrowed three sums of 201., 301, and 301., of Mr. Rawlinson, in February, April, and June last; for which they gave a bill at two months in June, and paid it in August, in one amount. It took all their spare cash, but a pound or so. I 0 U's were green for the money at the time it was lent; nothing was specified as to interest; but 81. was added to the bill for it. He had pledged goods in February and March ; and on the 11th of August gave a judge's order to a creditor for goods, payable in a month. They had then past of the 881. paid to Mr. Rawlinson iu the house. About that time he sold a sofa for H. which bad cost 41. Was sued in the County Court for 151., and asked for a month. Had sold goods to Nathan, of Bethnal-green road, amounting to about 401., for which cash was paid. His furniture, estimated at 301, had sold for 81. 13s. By Mr. Lawrance (for the bankrupts)—We debited our selves with 10 per cent. profit. The average is from 10 to 15 per cent. We had sellings-off," winch were a mere puff, but helped off our goods. We never sold under cost price, or sent goods to auctions. Had never removed goods from his premises, nor did ho believe any one else had done so. The whole amount of goods he had pledged wu 31. as.; they were some old goods which he wanted oat of the way. The payment to Rxwlinson appeared in the ledger. Clarks the other bankrupt, was examined as to the large amount of his drawings, 3871. in 18 months. Part of this, he stated, had gone to defray the expenses of the Mile end shop, including salaries. A farther sum of 1691. was entered as trade expenses. His Honour allowed the bankrupts to pass, observing that many of thy, objections were such as might be raised at the certificate meeting. _ ELPOIR MI. COIMISSIONII EVANS. IN RN CHARLES R. VOGUE.-JUDOMENT. The bankrupt was a solicitor, at Windsor. The case has been several times before the court, and on the last occa sion was adjourned f.r judgment on the certificate meeting. His Honour said—This was an application for a certifi cate on the part of Voules, who was declared bankrupt on the 31st of October, 1631. He passed his last examination on the 17th of June, 1852. At a meeting for granting or refusing the certificate, on the 23rd of September, 18.52, it was suggested that the bankrupt had not accounted for a coasiderable sum of money. Although I make it a rule not to allow the question as to accounts to be raised in op ! position to the granting the certificate, yet on this occasion, in consequence of the official assignee stating that from illness he was absent at the time the bankrupt passed his last examination, and that he should have stated the objec tion then taken, I thought it right to make an exception, and I adjourned the meeting, for the purpose of the bank rupt giving the account required. The account is given, and is admitted to be sufficient. The assignee's solicitor has not thought it right further to oppose the granting of the bankrupt's certificate ; but it is opposed on behalf of seve ral creditors. The first pound of opposition is, that the bankrupt wee guilty of breaches of trust ; and in support of this charge the cases of Chell and Shoolbred were relied on. The ease of Dock was clearly not a breach of trust. The bankrupt may have made himself liable for some default as an attorney, but it was no breach of trust. In the case of Winch and Chell, the bankrupt raised the money as trustee or executor, but did not pay the whole to those who were entitled to it. In these cases the bank rupt had acted so far improperly in not paying the money ; but I cannot say that be has been guilty of any breach of trust that ought to affect the certificate. Tho breach of trust which would justify withholding the certificate must, in my opinion, be the case of a trustee, in breach of his trust, selling out stock or disposing of other property, and using them for other purposes in his business. In the case of Shoolbred and Co., Mr. Robinson's evidence proves that there was no fraud. Bad book-keeping is also an objection, made, I think, with justice. Excessive expenditure is also justly complained of. I can never allow that a person is justified in spending his creditors' money for the purpose of keeping up appearances. Application was also made that I should give the opposing creditors their costs. The assignees in this case are not accused of not having done their duty. It is not suggested that the creditors applied to the assignees' solicitor to oppose on any grounds specified by them. I therefore cannot accede to this request. It has also been requested that I would make the certificate con ditional on the bankrupt paying a certain UM of money out of his future earnings. I must s , y that I do not think I could with propriety make any such condition. The result of such a condition would tend to lessen the bankrupt's ex ertions, and, if known, must deprive him of all credit. If the certificate were to be void on non-performance of the conditions, then the creditors under the bankruptcy would be entitled to come in equally with the creditors who trusted Min alter the certificate, and without any knowledge of the condition. Had the bankrupt's application for his certifi . elite been definitively heard within the usual time, I should hare a'ljourned him for six months ; but, as long a period ' has elapsed since he was made a bankrupt, and since he passed his last examination, I shall grant him a second-class certificate without further delay. Mr. Lawrance was for the bankrupt ; Mr. Dupree con ' ducted the opposition of the creditors. ! THE EXPRESS, FRIDAY EVENING, JANUARY 28, 1853. INSOLVENT DEBTORS' COURT.—YEeTEIIDAV. Ihroas YL ComMIWAOYIk Pomurs. IN THE MATTER OY WILLIAN BROWN.—A SHORT CAREER. This insolvent, a young man, who bad been a grocer, dec., in High-street, Shadwell, applied to be discharged from prison on an adjourned examination. He had been known by the name of " Wood." Mr. Sargood opposed for Mr. Manton, teadealer, East cheap, and Mr. Dowse supported the application. The iwolvent hail pursued a very short career. Ile com menced badness in April and concluded iu October, in which period he bad obtained goods which he sold for little or no profit, to more twin 1,290/., and now owed to whole sale houses 3761. lie alleged that he had disposed of his business to a person named Prentice, who had been a shop man, and who alleged that he had previously advanced GUI. to ths insolvent, and that he paid the remainder in gold. The insolvent and Preetice underwent a very rigid exami nation, and the latter was closely questioned as to his means of buying the bu.• as. It was stated that the insolvent was going abroad, and he was arrested at the suit of Mr. Manton. Hr. Sergood contended that there bad been a most fraudulent disposition of property, and that the court could give no credence to the alleged perchase by Prentice. Ur. Dowse represented the competition the insolvent had met with in his business, and that during the whole period he bad only made 51. as profits. Mr. Commissioner Phillips expressed himself of opinion that the alleged sale was a complete juggle between the in aolvent and Prentice. Instead of the latter having ad vanced 601., it was quite clear that be bad not had sixty pence to advance. There had been a gross making away with property, and the judgment of the court was that the insolvent should be discharged so soon as he had been in custody for a period of twelve calendar months from the vesting order, for fraudulent making away with property. IN RE WILLIAM WOODLEY.—WEST INDIA PROPERTY. An application was made in this case on tke part of Messrs. Bodilington, merchants in the City, for an order to sell a sugar plantation called " The Nichols Town " estate, at St. Christopher, In the West Indite. The insolvent, a captain in the navy, was discharged under the act in 1843, at which period he had an interest in two sugar plantations at St. Christopher, called "The Needs Must Estate," and " The Nichola Town Estate." The property in the West Indian plantations had been greatly depreciated, and on an order to sell " The Needs Must Estate," only 201. by auc tion was obtained. The other estate was under the manage ment of the assignee of this court, and as Messrs. Bedding ton were creditors to upwards of 13,0001. tie present appli cation was to sell the property. Two dividends of 2s. Bd. in the pound had been paid out of " The Nichola Town Estate." Mr. Cooke, Mr. Sargood, Mr. Dowse, and Mr. Ernest Deed appeared for the respective parties. The application was strongly resisted to sell the estate, as it was now considered productive, and it was shown that the " Needs Must Estate" had been purchased by a clerk of the solicitors to Messrs. Boddington. The other estate now carried on would be sold at a great sacrifice in London, and the creditors greatly injured. The property could only be sold, as the other estate was, for a "mere song." Mr. Commissioner Phillips, after hearing the arguments of counsel, which occupied the court till nearly five o'clock, derided that it would be highly imprudent to order a aide, and therefore discharged the rule. The rule for a sale was accordingly discharged. THE POLICE COURTS. _ GUILDHALL _ Wm. Walter nusses,C;nductor of an Islington omnibus, badge 3,201, was summoned for misbehaviour, by the ltev. Wm. Taylor Wild, against whom there was a counter com tibia made by Russell, for assault and unlawfully refusing to pay an omnibus fare. The Rev. Mr. Wild said be lived at 11, Richmond ter race, Islington, and on Saturday evening last was coming to town by the defendant's omnibus, when, as it was stop ping at the rest-oflice in St. Martin's-le-Grand, the defen. dent held out his hand for the fares, and the rev. gentleman put a fuurpenny piece into it. As the defendant, however, did not give him his change he asked hint for it, and defen dant then said ho had never received any money at all. Complainant thought from the defendant's manner that he was about to play off the old trick upen him, and accord ingly told him if ho attempted it he would summon him. , Complainant then got out of the omnibus and demanded a penny change, and on the defendant refusing it he required' ' the number of his badge. Defendant produced his badge, but so twisted his person as to prevent complainant from taking the number down; and then, when the complainant was about to give his own address and to take the number of the omnibus, the defendant banged to the door, pushed complainant away, and followed the omnibus. Complainant saw the omnibus again at Bridge-street, Dlackfriars, and was again endeavouring to take the number of the omnibus when defendant jumped down from the monkey board, and demanded complainant's eddies.. Complainant then asked him for his number. Defendant, who was not wearing hi. badge outside his coat, pushed him violently away, and then ran after his omnibus. 't he defendant's manner and language was very offensive altogether. A gentleman was called by the conductor to show that the rev. complainant was excited, and called the defendant a rascal. The conductor, on his oath, said that :complainant gave him no money at all, and that at the Post-office he called him a rascal because he refused to give him a penny change. Complainant also called him a thief, and at the corner of Bridge-street when demanding his badge he tore open his coat, in doing which he (coecyluinant) broko all the button holes, doing damage to the garment to the ex tent of six shillings. He (defendant) was extremely civil and forbearing throughout the matter, and when com plainant collared him he merely said, " Will you have the kindniss to take your hands off mo if you please sir." The Rev. Mr. Wild denied the truth of this statement, and alleged that he was perfectly calm throughout the altercation. Alderman Hooper said with regard to the summonses against the Rev. Mr. Wild be should dismiu them both. The behaviour of the conductor had been exceedingly bad. It was a common trick with omnibus men to pretend that they had not been paid, so that they might receive a double fore. He considered in the present instance that it was a duty he owed to society to inflict a very heavy penalty on the defendant for his conduct in assaulting the rev. gentle• man and preventing him taking his number. The defendant was then tined 401. and costs, which were immediately paid, and his license was endorsed. MARYLEBONE. Captain Henry Hugh Clayton, residing at No. 1, Wood field-terrace, Harrow-road, was brought up on a warrant charging hint with having assaulted Eliza Remington, about 26 years of age, his housemaid. Complainant said—On the morning of the 4th November last the captain made overtures to me of an improper nature, which I repulsed. In the afternoon of the saute day, while I was cleaning the firegrate in my bedroom, he came up, saying he was going to kiss me, and on my telling him that I could not suffer him to do anything of the kind, he said, "If you will only consent to my wishes I'll settle upon you so much a year; I have been in the habit of doing it with all my servants, and why can't you and I agree." I told him that I could not think of agreeing to his scan dalous and offensive proposal, when he patted me on the shoulder, and, after ringing the bell, said that if I did not accede to his wishes he should kick me down stairs. I pushed past him and went below, declaring that 1 would quit the house on the same day. Mr. Lone —You have summoned Captain Clayton here for assaulung you—let me know what you hate to say upon that. Complainant—ln the afternoon, while in my bedroom, and in the act of packing up my clothes, Captain Clayton came in, and said I should not go till the next day ; he patted me on the shoulder and used improper language, and, as I did not like his talk, I managed to get away from him. I ran down stairs, after experiencing some difficulty in passing him, and in the afternoon, while I was in my room preparing to get my things together, he knocked at the door. I opened it, when he flew at my drawers and said that I should not quit till the next day. I told him that my mind was made up to go instantly, when he rang the boll, and I then rushed down stairs into the kitchen. The captain told the cook that she had corrupted me, and he then thrashed me with a cane with such violence that marks were upon my person for several days. He hes re peatedly made to me improper solicitations, and I have upon every occasion repulsed hint. Mr. Long (to the defendant)—What answer have you to this Defendant—She made some improper and insolent re mark u a servant. and I gave her a alight tap with the cane. Mr. Long—What do you say respecting the indecent overtures made by you to her ? Letendant—Tbe matter happened so long ago that I ready cannot recollect anything about it. All Ido know is that the assault with the cane was very slight, and that the complainant, before I assaulted her u she has stated, made use of improper and impertinent words. Mr. Long—The assault—and you do not deny it—has bceu proved, and for that I shall fine you 50s. and costs. Captain Clayton (pulling out a well-filled purse) said— Did you say 501. ? Mr. Fell, the chief clerk—The penalty is not 501., but 50s. Captain Clayton—Oh, very well. The penalty was then paid. LAMBETH. James Bradley, otherwise the flee. James Bloomfield, with many aliases besides, who has several times been be fore this court charged with defrauding nurserymen, was again examined. The prisoner's practice was to write from his lodging, which he often changed, au order purporting to come from a country gentleman about to plant or re plenish his conservatory, and requiring choice trees, seeds, and plants, to be sent to some railway station, from which be would send his conveyance for them. Having ob tained the goods by these fraudulent means, he would at tempt to dispose of them in the manner disclosed in the following evidence. Mr. Charles William Bucke, a florist of Isleworth and Covent-garden Market, deposed that he knew the prisoner, I who was in the habit of bringing to his shop in Covent garden some fruit-trees and flower-plants fur sale, and he had purchased some from him. In June last he saw him, when be said he had sonic beautiful heaths and other plants in puts, which he should sell cheap. He had them in a cart, and the market was so full, he said, that ho should not take them out of the vehicle or put them down, and sold them to witness. After this witness received a letter from 13, 1 Weston•place, Indesworth-square, Bermondsey, in which the writer says—" Mr. Bradley presents his compliments to Mr. Bucke, begs to inform him that he has a few dozens of blooming Ericas (Cape heaths) to dispose of at very reason able terms, such u arc selling at the numerics from 245. to 30s. per dozen, now in new bloom, which I can sell from Bs. to Os. per dozen." Witness did not answer that letter, but the prisoner shortly after came to him with the plants, and be had never seen him since. About three months ago, however, he received a letter from him, dated 82, Webber street, in which he stated that he had a largo assortment of first-class standard roses and a great variety of dwarf trained trees, and all worthy of his notice, and the owner being short of money they might be treated for reasonably. Of this communhation he took no notice, and hoard nothing of the prisoner until his apprehension. The prisoner was again remanded. CALLS To TIIE BAR.—INNER TEMPLE, JAN. 26, 18.53.—The undermentioned gentlemen were this day called Ito the bar by the lion. Society of the Inner Temple : Frederic Ross Vallings, Esq., M.A.; Thomas Chandless, the younger, Esq.; Robert George Moncreilf Sumner, Esq., M.A ; Charles Dudley Robert Ward, Esq. ; Charles Samuel Bagot, Esq. ; William Finnie, Esq., B.C.L. ; Jahn Bell Brooking, Esq.; William Finch Edwards, Esq., M.A.; James Christie Trail, Eu 4. ; Henry John Simonds, Esq.; Franklin Luahington, Esq., NLA.. ; Charles Pen randoeke, Esq.; Nathaniel Simpson, Esq.; Felix Vincent Raper, Esq., B.A. ; William Pearson, Esq.; William George Ilarrison, Esq., B.A. ; John Lindsey Reed, Esq.; Frederick Hoare Colt, Esq., D.A.; William Ernst Brown ing, En. MARKETS. COTTON.—Livcapoor., JAN. 27.—The sales of cotton to-day are estimated at between 8,000 and 9,000 bales (in clusive of 1,500 taken on speculation). They comprise 9,000 American and 1,000 Bahia, chiefly at 61.• 600 Egyptian, 6d. to 91d. ; 600 Surat, Std. to 40.; 40 Sels Islands, 20d. to 28.2 d. The market ciliate with animation, and prices of all descriptions are 146 d. per lb. higher than on Friday. - - - - MANCUESTRII, JAN. 27.—We have had a rather im proved business since the advice, by the Asia steamer from the United States came to hand, and to-day this improve ment, both in yarn and cloth, has been very marked . Cotton, it appears, had advanced id. per lb. at New York, and this indication of firmness has been seized upon by buyers as settling the question of prices for the present, and they have been rather freely executing the orders which they had previously held over. The demand has been good both from the home trade and exporters, and most of the business has been done at very firm prices. MANUFACTURES.— BRAD7ORD, Jan. 27.—Yarns : This month is closing with a very unenviable position for the spinners. Wools are too dear, and Gallipoli oil is 75 per cent. dearer than at this period lut year. The buyers of Yarns all complain that they cannot get a corresponding advance on their production, and are consequently urgent for old contracts being delivered, as by them only can they shelter themselves from loss. Pieces: The increased cost of goods has no doubt acted as a drawback on the sales, for the merchants complain that they cannot get goods up cor. reapondingly with the advance sought in the grey, but as the season advances they will havelhigher prices to pfty, for the manufacturers are limiting their production because they cannot cover cost.—Bradford Observer. WOOL.—BILIDPOLLD, Jan. 27.—There is at present a stillness in our market with the buyers, who, having sup plied themselves at prices much cheaper than anything that is now offering, do not feel inclined to add to their stocks, and content themselves to wait till they arc more nearly used up ; but we fear from the high prices now established with the growers and dealers, there is little case to be ex pected in subsequent purchases. The stock in the staplers' hands is meagre, and of really good Wool the choice is only indifferent. Noils and broke' are without change.—Brad ford Observer. CORN.—BinwimouAw, Jan. 27.—During the present week we have again bad very little passing in the trade, and on the sales of Wheat made the buyer obtained some concession. Barley realises quite as much money. Oats offering at a decline of Gd. to Is. per qr., without finding buyers to any extent. Beans and Peas more inquired for, and both rather dearer. At this day's market there was a large supply of Wheat, which sold slowly at 6d. to Is. per quarter nutter the currency of this day te'nnight. No pro gress could be made in Barley without submitting to a similar decline. Oats were also Gd. per qr. cheaper. Not much doing in Beans or Peas, but both maintained former prices. BEIBTOL, JAN. 27.-The market this week has been moderately supplied with English wheat, the samples varying little in character from those brought forward on pre vious days. The demand has been sluggish, and, although no quotable reduction in values prevailed, yet prices were not so firm, and somewhat easier rates were in some trans actions submitted to. There was not so much doing in foreign, which partook of the weakness, and were the shade lower than at last week's market. For grinding barley there was a fair consumptive demand, and the cur rencies of this day se'nnight were well supported. Grind ing parcels were likewise in request, and firm at our quotations. In oats there was no great deal doing, and values were the same as last week. The rune remark will also apply to beaus, as well English as foreign. The following were the prices:-English new wheat, 4-Is to 60s. per imperial quarter ; ditto, old wheat, 625. to 60s. per ditto; foreign, white, 545. to 58s. per 4801 he. ; foreign, red, extra fine qualities, 50s. to 525. per ditto ; ditto, fine qualities, 48s. to 503. per ditto ; ditto, ordinary qualities, 463. to 48s. per ditto; foreign, hard, 465. to 475. Gd. per ditto. English seconds flour, 375. to 395. per sack; United States, &c., sweet, 28s. to 30s. per barrel. English malting barley, 3.55. to 395. per imperial quarter; English and foreign grinding ditto, 275. Gd. to 28s. Lid. per 4001135. Devon and Welsh feed oats, 18s. to IN. per imperial quarter; Irish 'white, ditto, 20s. to 21s. Gd. per 3201b5. ; Irish black ditto, 18s. 91. to 19.. 3d. per im perial quarter. English beans, 3Gs. to 40s. per ditto ; foreign ditto, 335. to 365. per 4801bs. The arrivals on shipboard for the week have been : - Wheat, 6,500 quarters ; Oats, 6,218 barrels, 788 quarters ; barley, 800 barrels, , 77 quarters; beans, 301 quarters ; flour, 400 sacks, 169 barrels. The official return of the corn in spector gives the following averages :-Wheat, 475. ; oats, 19s. sd. ; barley, 32,. Ild.; beans, 41s. ltd. DEVIZES, Jan. 27.-We had a moderate supply of Wheat, which met a dull sale ; the best samples barely maintaining last week's prices, while the inferior sorts were lower. Barley was in large supply, and the high prices asked checked the sales, which:were made very slowly, and at prieces not so good as last week. In Oats, Beans, and Peas no alteration. Wheat;white, 60s. ; best red,;s4s. to 68s. ; middling, 425. to 534. ; inferior, 345. to 425. Barley 275. to 38s. Oats, 18s. to 265. Bcaas, 345. to 425. Peas, 345. to 40s. Flour, fine, 40s. to 435. per sack; seconds, 355. to 395. NIMBI :UT, Jan. 27.-The supply of Wheat this day was tolerably good, but buyers acted with extreme caution, reasonably calculating on an improvement in the future condition ; a decline Is. per qr. followed. Barley in only moderate supply, the finest maintained the late high prices, but the trade was not brisk. Oats, Beans, and Peas con tinue the same. UIBRIDGE, Jan. 27.—The supply at market is very short, and the trade rather improved. Wheat and Barley is Is. per qr. dearer. Wheat, from 38s. to 625. Barley, 275. to 325. Oats, 18s. to 265. Peas, 325. t 4 41s. Beaus, 31s. to 425. per qr. WATERFORD, Jan. 2G. In the absence of any arrivals from abroad and with very limited supplies of home grown grain since Saturday, we have only to report a retail busi ness passing in all articles of the trade at about the cur rency of last week. --- - - EDINBURGH, Jan. 26.—There was a large supply of grain in the market to-day. With the exception of Barley, sales for all sorts were excessively heavy, which may be ac counted for from the exceedingly raw condition of the grain. Prices gave way for Wheat, Outs, and Beans. Wheat, 41s. to 595. Barley, 265. to 3.55. 6d. Oats, 16s. Bd. to 245. Beaus, 31s. to 38s. CATTLE.—NEwsIic, Jan. 2G.—A small market to-day, and very little business was done. No Sheep at all offering. There were 31 Beasts, and 121 Pigs penned. SALFORD, Jan. 26.—The supplies of stock from Ireland have increased, and wo have a lair show of Beasts of good quality. The demand continues excellent, and very fine Beef realised Gd. per lb. Good Mutton sold at previous rates. Only inferior stock unsold. EDINBURGH, Jan. 26.—The number of Cattle in the market this morning was 719, or 50 more than on this day week.—The attendance of buyers was numerous, and last week's prices fully supported. Top price of the best Beef, 7s. 6d. ; current top, 7s. 3d. ; current price, 68.6 d.; middling and inferior sorts, from 6s. to Gs. per Dutch stone. At the close of the market a good clearance was effected, The number of Sheep in the market this morning was 2,361, or 61 more than last week. Demand good, and last week's prices were fully supported. 'fep price of the best Mutton, 61d.; current top price, 6d.; current price, 51d. ; middling and inferior sorts, from 4d. to 41d. per lb. At the close of the market a good clearance was effected. SHIPPING INTELLIGENC.S. SEABORNE MAILS. (t 4 *alas that tha mai ere sent Iram Me General Post-entee tle alrlit—end by Ow 111,•Min ce—a---•- , • byre................... — —.....— -- night—and M by theworning—delaPach.l Day wltai male vp !row sett When coulasisa. in General Pea. Poet duo in OBice Undo:4 deipatehol. England. Lmerioa(loyßrit.psehetN Jan. 2$ Liverpool Jan. 31 kmerbt United Kates ppetits') ....—....—....11 Feb. 1 ............... Liverpai Feb. 3 nnterketbyDdlltatsepliM Australls(via Bataan ton) % 10th ot eat month ;: , outhastipton. Feb. 24 Ditto ((via Marseilles) N 14th of the month Dover •Letto(vis Cape of Deed i Hope) Afria ( Rest Coat) „Jil2:4rd of ;as math Pipe - oath ... k eb. 12 elemindrise...... N lina B 3Oth el moo. Out or ;Jan. 25 Belgium l ll I Drily Dover !Daily Brae` 34011N3 t. yrs, M Rh of the month Southampton. IFeb. 16 lalifrrnia It IndklrtboimeskilioatharapiAr." Feb. 1 + Cope of Good Ilope K ledge the mcatb,Southampton. Feb. 26 ' Mee do Verde .N 14th of the month' Southampton. Feb. 2G ' Oorttcutinople • It 7thi7th27tliof wee Dover ',Xi:J.l' Amerits U 2ada l lthem. nth Itioutkampt- .n.Yeb. 1 clu snot Icier ...... N Mon.,Wed.,kFtid. tiouthamptes. Tu. Th.em Call ..............„ M todatllthel swab Soutliamptom Feb. 1 Francel ..M.ilt N Twice daily G1C03.0................“-.N 7thlnh27thef moo Dever U5inburg.......... ..... N Tuesday k Friday louden ..... lTuce.,lsat. H011and.............J1 A educe. St Bator. Leedom Rion. The Rendus: 14 !kith of the ninth Southampton. Feb. 18 Ireland ..M k NlTwto: daily .. „ Eleiyhead Twice da. Inke(trialloutliaatet.) It4thes2Gth of scat! gouthainntora Feb. 24 India (vie Kamilla) N etheatthof month 1 Dever I Veb. 1 India (via Cape of Dead I l l i ggli , N,l4th of the month Southampton. Feb. 24 If 24'14th of the month' Southampton.' Feb. 24 Mediterranatavie South am n) M ithlhati of month Ilostatapt.e. Feb. 24 Ditto(vie Marseilles) N Itbildatti o:raostlt Dover Maim M and of the month de-tranoon. Feb. 1 Madeira .........„„ M )M2'23401 the mo. l soutliaropto... Feb. 12 UN " . --.• .......... N I 7th.170,12th,r7th I &Patio, the reoethlDever Naples* N Bthatlt2sthof mos Mover .. Feb. 0 Papal Waiter N sth 1:4h2501..if mon, Dover Feb. 3 halka(viaLisatliasiat.) India (via Illumines) N Lodi' (via Cape of (food Ifs it u tie N 1 Kaditamistaui(vlit boa* =pion) Ditto(via Marseilles) N Marko Madeira ll mane .......... N Naples* .11 Papal Water Paolicula Peen ll Tumor Wag . Via Menefee Land (see Australia) II eth&2fiti of swath &ethane', e.l I titbit:24th o:ratratit 1./aver I Intl a the mantis ... , lu-thshipm I Othat234 of the mo. l Setteserepto, 7th.170,19th,77th /Mello, the reont%ltlevet Sthlsth23thot mos I Dover tothlso2solJ(moniVoetr Ithl7thfateof Ic3nlaouthist;Aon 1 ledll.l7tha i month wuttlampt.A 1 13t1113th2Stke.fm - rIXTer r 1 12eclklIttLet weal. ISorthaapton .1 Feb. Feb. IP I Feb. 2 re..l fie mails fur Australia via the Cape of Good Hope ore nut& up en the grid every alternate month. Those made up on the 20th and 24th of each month via Southampton and Marseilles are sent by sailing vessels at present from + Mails are also made up on [glair or every alternate month fui the Cape of Good Hope. • The mails to those countries thie! marled (•) arc conveyed hr French meltet to Marseilles. The West CORM of Africa mails will not be made up tki: month before the night of the lath inst. CASUALTIES. Arcadia, Jordan, froi;l:ive;;Ool — tc Philadelphia, which put in hero on the 21st, leaky, is discharging some of her cargo.—Waterford, Jan. 21. Sophia, Stewart, hence to Charleston, got ashore off the latter place, Jan. 10, and after coining off sank in seven fathoms water; vessel and cargo a total loss ; crew and passengers saved.—Liverpool, Jan. 27. ARRI VED. Aeon's-off Liverpool, January 27 At, DOVra-otf Liverpool, January 27, from. Ca la CNA*I.III-at Gravesend, January 27, from Dodd* n . CoNIOILLIA -a tinvoorad, Jas. 27, from ...Dalai" Craa- at Gravesend, January 27, from .24orway VAROLINC Li i -at Oravesend, Jan. 27, Irma Umtata ConagaLssu-at Ormond, January 27, from D a ps I CiaILI-off Liverpool, January 27, from alazandrla Claalaa-at Liverpool, Jan. 27, from New Orleans Data Vitivi.ross-off Liverpool, Jar.uary 27 Dos Purim-at Gravesend, January 27, from Dantrie Ealliat- at Gravesend, January 27, from.- ...... .. Dunkirk ELIZAOWTH AND JONANN-a GrafteDi.Jaraary 27, from Manila= EA..La -at Liverpool, January 27, from ..... ... ',elms ELSAKOM DODAON-at Falmouth, January 25, from.... Mariaaople FANNT-id Liverpool, January 27, from St. Unwrap Fa-tread, January 26, from llavannah Orman WAPHINDION-at Liverpool, Jan. 17, from Mobile °aurae -at Gravesend, January 27, from .Anottertians Hess-at Oraveteend, January 27, from Got.ennuro 11. 11. Pares-at Gravesend, Jan. 27, from /hurter:lam Elairsa-at Gravesend, January 27, from Denmark Ustionme-at Gravesend, January 27, from Denmark Moan-at Liverpool, January 27, trots Charleston llnaoroau -at Liverpool. January 27, from St. John's, NBC DIABNI.LABLTTII-at OTaVaatl, January 26, from .....Mauritius lassaus-at Gravesend, Janus) 97 from S Lone 106ara Alen MAKV-at fillie..end, janusry 2:, from . Bataan' JOUANN W !Lam -at Gravesend, January 26, from Renden KATZ 1111211"-a Liverpool, January 97, from. Savannah Kam-at Gravesend, Jun. 27, from. Madras Leixoes-at Liverpool, Jan. 27, from Bremen MA" YENITICK -.at Greenock, January 25, from Sion PLAIT WOODS-at GraTmend, Jan. 27, from.... Valparaiso Mania-at Gravesemd, Jan. 26, from Denmark Sarreaus -at Gnawed, Janw.ry 26, from. Amsterdam POLKA-at 1111, January 26, from Havannah Rinse E1,111..A -at Gravesend, January 27, from Denwatk Ramo-at Pill, January 26, from au , .NNA-nt Salmreoh, January 25, I rom Hi , Allaa Silt Jolts lisidoroart -at Liverpool, January 27 from London SinCouss Csmensm.- off Liverpool, January 27,_ from Bombay Tu... AN', MALY-at Gni meta, January 2.1. Haft Rotten lasers -at Gravesend, January 26, from ... Memel Ts i eat 16 IS -at Liverpool, January 27, from .Haysnnah V teroars -at Liverpool, January 27, hem St. John'., Nild. Wurintau-at Liverpool, January 27, from C-14.titta ISALLZD. Armenno—from Portsmouth, January 26, to ,,,_N a pl es Aacunrauvar—lr,m Ramsgate, January 26, to Naples Ai:owns—lron, Lamagate. January 'A, to .......Naplaa ANOILINA—freca Nominate, January 2r, to Y; lea ATWITIC OcrAN—from Rawisgate, January 26 to B. Ayres AIIIIIUCILN Union—from ,Livcrpool, January 27, to New 'fora Bonuvr —from Graveread, January 27, t 0......... , Hatkpoot CAIIOII,OI CHMOLII —lrom Gravesend, Janua:y 26, to ..11. Phillip CLAIA ANS—front Pill, January 26, to New Sark CRAP. BILOORR—from Portsmouth, January 26, to bLrianeat CUCMAX—from Plymouth, January 26, to California C 111061111.1.4 —from Plymouth, Jaiiiiar)* 26, to Corfu Darn fir StiOusio—from Hartlepool, January 25, t0...1105g-lioas DANAOAA*II).III—fi MU liolUrgaff , JlMillat 7 :.6. to Lu on Euaa Fox—from Plymouth, January 26, to. Oporto Euza—frout Grtive.amd, Jan. 27, to Mama Fairu—lrom t,ravaftuul, January 27, to FOLTIOCCI—front Plymouth, Juracgry 26, t.) P. Za thavoow—from Grarestud, January 27, ta............. ...... . 11. zoso—from Liverpool, January 27, to Baltimore ILnim —Bora Cowes, January 26, to Valparaiso Flans—froot r , . . _ . Ramsgate , January i..., to Genoa INLAY/n.lll s-f tom Portsmouth, January 2S, to Nodes INMATIION -frOLI Lirerpool, January 27, to New 1 ork Jaunt Bows-front Liverpool, January 27, to Charleston JOHN IfAVKL -from Liverpool, January 27, to Mobile Jou. °LIMAN-from Gravesend, January 27, t 0.....,.. ... Gibraltar JAXAICA-from Plymouth, January 2G, to longue hair M . WILLIALI-from Ramsgate, January 26, to ... -.Lisbon Jaws vary Ct.', r-frAu Nameplate, January 28, U. M. raw , Mussiso- from Pon:spate, January 2C, to ........ ..., ~ t . Th,.m.B ' LW...ere-from "Carnotite, January 26, t 0......... ....... Ili° Grande • Lariat -from Liverpool, Jan. 27 1 to Charleston 1 /ALT MAI/TUT-from Liverpool, 'January 27, to it. Leos. Minute -tram Liverpool, January 27, to Conatantinople Mato or Oin.asse-from Liverpool, Jen. 27, to Cenwantinopo Maaaruoir-from Liverpool, January 27, to .... ...... ...New York MALT BILLY-from Liverpool, January 27, to Congas I MAIIIANNX-ham BiIIIbTEC January 26 , to N d pler ' MAMA CIIIIHSTINA-HOLL Itsinonite, January 2i7, to Naples Mama-from Ram agate, January 26, t 0..... ..... , ..... . ..... " Naples N. 8. nu. Census-tom liamegate, fJarnaary :6, to ..... Cailis 1 Orr:la-from ltamegnte, January 26, to ..... ...Yaneouver'e Leland I.MIXIIII-from Pill, Jan. 26, to Porbadoes i'AULIN It -from Pia. January 26, to : New York POITINT CCU-from Plymouth, January 26, to Lauacrotao I'O,LJAILLAN-from Itamagate, January 26, to.. ..... .ilediterranean ' rTAIIHKOAN-from Gravesend, January 27, t 0..... Madras LP KAN - from Port...mouth, January 2d, to AL Lyre* BA ILD-from Liverpool, January .7, to Napier Itid : -Iroin Cowes, January 2 6 , to __ . Baroelons nr. Paraa PAL L-Zfrom Ramsgate, January 26, to SILOLLNIA—from Cower., January 26, to SALTITOIII —from Portatirou,h, January 26, to. ........ lfs*: Sal...,—from liatuagate, Jan. 16, to Ahem* q est , cx—irum Rata. gate, January 26, to ...Naples SAN Vinca.azo —lrons Itam,gate, January 26, to Oenos TO/111111,11—hum Portsmouth, January 26, to (keitalltini 910 TOEVIOIt —from Liverpool, January 27, to Mobile eno—from Portsmouth, January 26, to Ounsuattnople Viravim a —from Mama:gate, January 26, to Naples VELAILLIO—from Gravesend, January 27, to Boston YuaimulimLaim—ham Plymouth, January 26, to Port Lamy Zion—from Oravesend, January 17, to Martraa Trieste VESSELS SPOKEN WITIL Atbens, from Liverpool for Australia, Dec. lt, lat. 1 lon. 31 W. Allred the Groot, from Chino, Dee. 15, lat. 33.6 8., lon. 22.11.1 E. Balmoral, bound out, Jan. 22, lat. 46.3'1 N., lon. 7.49 W. Clymene, from Calcutta, out G 2 days, Dec. 22,14.27.13 S., lon. 7.39 E, Chapman,. Dee. 13, 14. 34.13 8., 100. 24.49 E. Poem, for Liverpool, Nov. 24, lot. 33 S., lom 17 E. Hercules. Dee. al, lat. 2 N., lon. 21 W. Juoutui Waddington, from Liverpool tor Valparaiso, Nov. 13, 14.36 Mel lel cur, from Liverpool for Calcutta, Dec. 13,1 at. S S., lon. 29 W. Marchioness of Douglas (barque), outwardbound, Jan. 20, iat. 48 N. lon. II W. Niagara, from Sbangluie to London, Nov. 50, at. 24 8., lon. 7 E. Nova Scotia, for Mobile, Jan. 23,1 at. 49 N., lon. 11 W. Rowlett (barque). Jan. 20, lat. Sl N., lon. 6 W. Touen-ins.not, for London, Nov. 24,1 at. 396., lon. 17 E. Tory, Jan. 23, lat. 49 N., ton. 11 W. Warrior (barque), from Benin foe Bristol, 38 clays out, Dee. 29, tat. 10 N., on. 25 W. DAILY WEATHER TABLE. FILIDAY. JANUARY 2S, 1853. The state of the Weather at each of the following Flame at Ifiae o'cloal. yesterday morning. The staticns are arranged is order of latitude. HASTINGS—N.E. ; Gentle Breeze; Overcast. F3LXIMONE—N.E. ; Fresh Breeze ; Cloudy with Rain. Ttisnmoon—N.W. ; Calm ; Overcast. Garissiwlca—Calm ; Partially Cloudy. STROOD—N.E. ; Gentle Breeze; Overcast. LZIGHTON—N.E. ; Calm ; Partially Cloudy. CANIRRIDGE—N • Gentle Breeze • Partially Cloudy. • YAILWOVTII—E ; 7 Gentle Breeze ;' Partially Cloudy. The returns from the loliuwing places did not reach this office in time fur pablicatian yesterday.; they therefore indicate the state of the weather on Wednesday morning at eine o'clock : Listzuicx—B.; Calm ; Overcast. MULLINOAII—E. ; Calm Overcast. YLILKOITIII-B.E. ; Gentle Breeze ; Overcast. LiscAvyza—S.E. ; Calm ; Partially Cloudy. WHITBY—Cahn ; Foggy. ; Calm; Overcast. THIS DAY, Noox. Cour* of Win& lireartb se Wind. 6w* of cial Woman. N. Gentle Bree,c. Cloudy. [Advertisement.}--HOLLOWAY'S OINTMENT AND PILLB.—Ar IZTRAOIDINAIT C1:11 Or ♦ DAD Farr.—Mr. !kW/ kennewell, eon of the late much respected surveyor of the aou:harap• ton distrait of St. Pancras, London, states, in a letter to hie mother, from burnt Burro, Pod Adelaide, that on Ins journey to those mines trout Adelaide, lie was compelled to walk for the want of a can. vermeil, and in doing so, he grazed and afterwards poisoned his foot. which became so bad that he was under a surgeon's care for more than four melba without obtaining any relief; he was then induced tu try Holloway's Ointment and piths which in three wecki emit. pletely cured his foot, and Le was t obled to commence work waLont ineouvenience.—Sold by all druggists, and at Pridesso establishment, 244, Strand, London. BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. BOURDILLON.—Jan. 25, at Wimbledon, the wife o: E. I), hour• (taloa, Esq., of aaoa. ITLLER.—Jan. 25, at Manchester.er,uare, the wife of 11. R. k M.D., of a daughter. HOOKER.—Jan. 24, at Mitcham Rectory, Sufka, the wile of Dr. Hooker, of a son. NI , PORT.—Jan. 24, at the School Bottle, Exeter, wie of the Rev. 11. Newport, of daughter. PRATT.—Jan. 23, the Hon. Mrs. C. Pratt, of a eon. QtlCKE.—Jan. 24, at Twickenham Ifouyq Twtchenhato, utter, tho wife of T. R. Quicke, Esq., of a daughter RI MBE' 23, at Grove House, Great Stanmom, the wife of G. Ituaiaey, Esq., of a eon. ILIA—Jan. 25, at Beyteebury, Waal, the wife of it. S. Walls, Dn., of s. son. _ _ - - /RIGHT. Jan. 24, at Richmond, Totkabire, the wife of E. Wrlglak key., of a daughter. MARRIAGES. HEYWOOD—LANGTON.—Jac. 25, at the parish church, Eccle., bJ the Rey. 0. H. Sumner, LA., Rector of Old Alredford, Hants. Arthur Henry, third son of stir B. Heywood, Bart., of Clan.mont. to Alice, eldest daughter of W. Langton, Esq. PAINTER—WARRINGTON.--Jan. 2G, at St. Peter's, Eatou-square. by the Rey. B. Belcher, M.A., R. B. Painter, E. 1., 51.11, of War. wick-street, Pimlico, to Marianne, eldest daughter of the late W. Warrington, Esq., of the Strand, London. PITMAN—INOELOW.—Jan. 26, at St. James's Chapel, New-roads be the flee. E. Huston, Vicar of Tamwerth, the Rev. E. R. rit. man, of Marlborough College, to Sophia, third daughter of W. logelow, Beq., of Casming.itreet. SADLER—ADLIYGTON.—Jan. 23, at St. Martin's, Woreeeter, by the father of the bride, James Fenton, eecond son of the flu. M. T. Sadler, Ley., sa.r, to Sarah AIM, eldest daughter of the Ass. J. Adluagton. SMITH —menolsos.—Jan. 22, at St. Barth,b;amor'i Church, Marsden, by the Rev. J. 14. Mastie:d, Incumbent, I , lllll3meg Smith, ?sq., 8.A., of St. John'. College, Cambridge, to Nary, eldest daughter of Thomas neholsou, Esq., of the former plum DEATHS. BAK 25, at Sherbort2e, Mrs. Baker, react of the late Yr. Baker, of Charlton llorethorne, nomereetahire. aged 72. PITZMAURICE.—Jan. 24, the Rev. J. M. illlntettrien t 21. 1, 4 youngest eon of the late Dr. Ingtuattrico, of Basle, eloororts aged 31. OItEGORT. -Jan. 25, atpamden.square, G. Gregory, F 444., M.D., fOr . . 31 yeah Physician to the Smell-pox GRIE3I3ACII.—Jon. 23, id Willaw-walk, Kentish-town, Jane, tItO vide of J. W. Griesbaeh, kiq , and daughter of the late J. H. verebxk, Esq., of Windeor, aged 39. 24, at Brixton, 9nrah, widow of Mr. W. W. Feta, toP merly of 1111bankostrect. We.tmtrater. aged 7a. SCOTT.—Jan. 7i, nt Ilydellark..treet, Jane, wire of J. Se 4t, rm. sa s.: Pzinted and published by WlLusts Kino 'Utak of No. 8 Lembo& street, in the City of Loudon, Printex, at the OfPoe, in s Lo nbigd' Meet. in the Deeeinet of Whitefriars, hues; JAMV4III 19, th“. T 1