The Express. — London, England, 1847-11-09 00:00:00

SPORTING. TATTRILLA LL'S —Mod o iv. .11111 lIIMMist for thil (Leighton and Novagaber meeting, Ronolomasigentorilay altetooon. but to very llltis purpose, money PP Manse awl mosplests name general Aso ever. L'nder Bar rlMea~f dremagnosna t it Is Mimi asollons to add, the is. wimissia IR the wed ipmeatlese a.oaadud were, with alias or two egoaptismb wry amisX moguls. MIWPOZT FROWNS& BTRIPLI tO I eget 1 1 1,111111 r. 10 to 1 sett Charatr. Is to i apt M. Lager, to tie.l apt Ilene, 13 to 1 apt Ciesortaher. DIRPT.-11 tO 1 acAlwadower, 11 to 1 eget Surplice (Ili to 1 t 4, 13 to 1 apt JorikAt to 200 i.), 2 0 tot apt Musser (t), XI to 1 apt Aran, be apt Na Desperandoia (t 23 to I). 23 2 , 3 1 WA loodstona 30 to 1 apt (Mabee, (t), 33 to I ago Genevan (t), NSW SORT • to apt Peen Oß (t), T 30 to 1 apt Roselyn. PACIRMS. STEEPLE CHASE. Acoarrelices row Tux Halms RAGS.—The Hoek, 1 Ist 1010; Sod L. llat ; Christopher North , 1 Ist ; Variety, HO; Manor, 114; 'Th• Petty, I ; Vakrla. 104 12lb; Wawa 104 1218 LilPs7 104 Mb; Emigrant, lOst 41b; Canary, lOat ; hataarober. 104; s lOst. ENTRIRS SOR TES ARISTOCRATIC STIRPLZ CRASS TM Roarer, Soyla. Moonlight. Chandler Carlo, 0111.7, tom Zanproo, Gayhurat, Lane Jab; Oradea, &bine, Tory. Right outooribes did not name. WOROSSTIR RACSA—Tke &cid* hoot of the Handicap Hurdle ;Rios war run on Atturday, and ..0 by desk. A emotion W been oared whether, am this rap was not run out on Friday, the Ont+eagbt to stead. Cato Enteltgentr. EQUITY COURTS. &fore We Lord Chiacellor. CVIMON a. BiILtwoRTHY.—CON AAAA NCB OP ESTATE.— Ai-Luton FRAUD.—The Lord Chancellor gave judgment in this ease. It was ea appeal from the Vice Chancellor of England, and was argued on the 15th of July, 1846. The bill was filed for the purpose of setting aside a conveyance of tea acres of land in Devonshire, upon the ground of fraud on the part of the defendant in obtaining the conveyance, and also of inadequacy of price. Property, including these ten acres, ha 4 been devised by the plaintiff's grandfather to his eldest son in tail male, subject to a mortgage for 1201. The latter died in 1840, leaving the plaintiff, his eldest son and heir, who for some time before his father's death had been dealing with the defendant in respect of his ex pectancies, and he bad actually contracted to sell this farm for 401., which contract he executed to the de fendant u soon as the father died. The bill stated that the plaintiff was • person of weak mind, and often in die trees, and that the defendant took advantage of him, and obtained the property at a price far below its value. The, Vice• Chancellor dismissed the bill, as the proof of fraud failed, and inadequacy of value was not, he thought, a suffi cient ground to set the conveyance aside ; but. even as to want of value the case as proved was against the plaintiff, as it appeared he received two sums of 4W. The Lord Chancellor, alter stating the main facts, observed that fraud, an alleged in the bill, must in a case of this sort , be clearly proved, and not left es a matter of inference from the evidence. Without such proof, • court of equity would not interfere to take from the defendant the legal title which be had acquired. If admissions of the defendant were to be relied on, they should be distinctly stated in the bill, other wise the defendant could not know what case he had to meet. Several dineersations between the parties, in 1838 and 1839, were stated in the bill, but the points intended to be made by them were upset by the answer, or failed of effect for want of proof of the main cue made by the bill. The case of fraud having thus failed for want of proof, his lordship w a of opinion with the Vice-Chancellor, that there was not sufficient ground tor betting aside the transaction, and he affirmed the decree appealed from, with cuts. BELLAMY v. SAIHNIL—SuI ICITOR AND CLIONT.—CON vETANCII VOlD.—llia lordship gave judgment in this case alto. It was an appeal from a decree of Vice-Chancellor Knight Bruce, and was argued July were 20, 1846 The facts thus:—The plaintiff was tenant in tail of an estate in Doreetshire; and, being in debt,he was advised by the defend. ant, who was his solicitor, to join in a deed with his eldest son, then of age, to cut off the entail and raise money. The plain tiff and son, acting on that advice, ex. cuted a conveyance of the estate to the defendant in consideration of an annuity for them, and the survivor of them, and for the children of the son, if he had may. The defendant did not make any such provision ; but he raised money, by mortgage of the estate, sufficient to pay the debt due to himself, and some small sums which he paid to the plaintiff and eon. The plaintiff's eldest son having died, a bill was filed in 1834 by his next bro , her, to set aside the conveyance to the defend ant. That cause was heard by the then Muter of the Rolls (the present Lord Chancellor) who held that the conveyance eonld not he allowed to stand, but still that the mortgagees should be treated as fair incumbrancers on the estate, and a reference was made to the master to take the proper &G -avots. Before that inquiry was made the father filed the present bill for the purpose of having the monies raised by the defendant handed over to him. That suit cams to be heard before Vice, Chancellor Knight Bruce, and he dis missed the bill, but, notwithstanding, granted a reference to the muter to make certain inquiries as to transactions be tween the plaintiff and his son and the defendant, subse quent to the transactions stated is the former suit.—The Lord Chancellor, Defers giving his judgment, read • state ment of the circumstances, and afterwards his judgment, which (after noticing some irregularities—first, in amend lag the bill and altering the record, without consent of deteodant or further answer from him ; and after wards in the decree directing inquiries as to mat ters not stated in the bill, and • report on which, therefore, could not be available in any subsequent prO met:tinge in the case) reversed the decree appealed from. His lordship believed the Vice Chancellor thought he was prevented by the decree at the Rolls from coming to any other conclusion, or he would have made a decree that could not be questioned; but, as the decree he made appeared to be inconsistent with the decree of the Rolls, which his lord ship thought a right decree, he felt obliged to reverse this decree. FORDYCE O. BRIDOBs.—Tbe opening of this appeal from a decree of the Master of the Rolls occupied the rest of the day, and will require one or two dais more before it will be concluded. The csie involves a conflict of the laws of Eng land and Scotland in respect of real estate ; also questions as to the appointment of trustees and their power. Before the Vim-Chancellor of England. THR GREAT WESTERN RAILWAY V. THR BIRMINGHAM AND ORFORD RAILWAY COMPANY.—BILL FOR Sr chic PEILPORMANCI OP AN AGREEMINT.—DEMURRER.—Thie a bill f.r *pacific performance of an agreement entered int* between the Great Western, the Birmingham and Oxford, and the Birmingham, Dudley, and Wolverhampton Railway Companies, by which it was agreed that an amalgamation should take piece between the Birmingham and Oaford the Birmingham and Dudley Railways, sad that the said smalgamsted railway should be sold to the Great Western Railway. It was further agreed that the Great Western should pay the sum of 101. ss. premium on each share el 201. in the said two undertakings, the said premium to be come payable within six months alter the completion and opening of the mid linen from Fenny Compton and Stretford-nn-Avon, through Birmingham to the junction neer Wolverhampton ; that the two railways whoa amalgamated should consist of one capital of seventeen ham deed thousand pounds, to be divided into 85,000 shares, of 201. each. A gexeral demurrer to this bill was put in by the Birmingham and Oxford Company. Sir Fitzroy Ke.ly opened the case on behalf of the demur-' ring detindants, and contended that Ilse contract entered into between the three companies could not be enforced by a court of equity. The contract was simply this, that the Birmingham and Oxford and the Birmingham and Dudley Railways should be amalgamated, and the two should be then sold to the Great Western Railway Company. This object, however, could not be carried out under any cir cumstance*, without an act of parliament being passed, so that the bill asked for the specific perform. ance elf one agreement, which must depend for its fulfilment upon a previous act of the legislature. It was in fact a contract to awry out an amalgamation of three rail. ways atter the legislature had thought fit to make them three separate railways. If an act of parliament were not to be obtained, it was evident that the contract could not be performed, and, looking at the various circumstances of the ease, it was highly probable no such set ever would be passed. The first great objection to this bill was that the directors had no power to apply the money of their share holders to any other purpose than thatVor which it was origi nally subscribed. It was not competent for any governing body to bind their shareholders, who had paid their money teethe keeping up of a particular railway, to purchase or be amal gamated with 'nether railway. There were two authori ties upon this subject, which clearly proved that the directors of a company could have no power to apply money subscribed for one purpose to a differtnt object. Here there was a definite number of shareholders, a definite amount of capital, and • definite object to be performed j but the directors intended to apply that money fur a totally different purpose. In the paso of " Natusche e. Irving eitedin "Pow on PartnershiP," the plainti ff s had become sub scribers to a society called the Alliance British and Foreign Life and Fire Assurance Company, which had been insti tuted for the purpose of taking insurances upon life and pro perty, and it was thought desirable for the interests of the society to extend the operations to marine assurance's. well, but the plaintiffs and others being dissatisfied with this in tention filed a bill to prevent such application of the funds. The case tame before Lord Eldon, who decided that the shareholders having risked their money upon one under taking, could not be compelled to allow of its being ap plied for other purposes. Now, if this case was to be eonsidered an authority, the governors of these rail way companies had no p ewer to enter into any content for uniting their different - ipanies, and if they had re power to do en, tit contract. There minor y notes to the extent of 9371., payable on demand, upon the understanding that they should be immediately returned. Clark was trustee to the composition. Mr. Com missioner Fans : Whet ! You put your name to a bill for 9371. when you could only pay your other creditors 7s. 6d. in the pound I—Bankrupt : I did.—Mr. Commissioner Fane Then you are not fit to be a trader. In fact, you put each a thing as that into the public market not caring two pins who was cheated by it Of course it could be worth nothing, because you had no means.—Bank rept : It was not intended to cheat. —Mr. Commis sioner Fans : It appears to me very little better than thieving. When you put your name to these bills you had not 937 pence, and your own sense surely told you it was a cheat —Bankrupt: I had confidence in Clark's honour.—Mr. Cooke: Hes he become bankrupt ? —Bankrupt: He has. He said he would return the bills.— Mr. Commissioner Fane : Then what was the good of lour lending your name ? And you must have a very poor notion of my understanding, if you fancy that I shall not think this a fraud and a cheat. Ido not believe one word of what you say.—Cross-examined by Mr. Duncan : Bolt advanced the composition money ; I only received the 711. 6d. When Clark 'eked for the acceptance he was supplying the bank rupt with goods.—Mr. Duncan : If you did not let him have your acceptance, did you think he would stop your credit ? —Mr. Commissioner Fans : I will not allow that question, for you might as well my if you had not stole that loaf you might have been extremely hungry. Mr. Duncan was then heard on behalf of the bankrupt, stating that he did not ask for an immediate certificate under the c;-cueastanom, but, considering that Clark had bean the holdfast is trade, that the latter had not intended bankrupt . a public fraud in giving the bill, that his anawm had been given very clearly, and that he had been now six months without his certificate, the learned counsel concluded by hoping that, if the certificate were suspended it would be for a short period.—His Honour mid it wee a case of too much importance to decide today, and would defer giving judg. meat for a short period.—Darted accordingly. POLICE.-YESTEEDAT. MANSION-HOUSE.— ROBBERT.—MARRTING BOTH MOTHER AND DAUGHTER.— Elizabeth Crowley, age d 23, was charged with attempting to rob Mr. William Crawley.—The complainant, who stated his age to be 77 years, mid that at about two o'clock be went to the East India House to receive his pension, which he put into his trews.» pocket The moment he had buttoned his pocket the prisoner, who was behind him, dipped her hand in to get hold of his purse, and made the moat desperate effort to possess herself of it with all its contents.—The Lord Mayor : i.e. you are both of the same name; is she your daughter ? —Complainant: No, my lord. She is my wife. I married her in Sc. George's Church, Bloomsbury, a little more than six years ago ; but all she cared about was my property, and that was mother's object, too, in marrying me.—The Lord Mayor: What! do you mean to say you are married to her mother ?—Complainant, Indeed I do, my lard; and more is my sorrow. The mother is just as bad as herself.—The Lord Mayor Then her mother, your first wife, is still alive? —Complainant said she was alive, but she was net his first wife, who died just before he married the mother. He was in a state of insanity from grief, and the pair got hold of him thinking he had • large property. The mother, after he married her, said " she would make her daughter marry him if he would release her." He married the daughter about a fortnight after, and never had • happy moment since.—The prisoner said she was the victim of thegrosseitdeception. Her mother, it was true, had married Mr. Crawley, but she was not a day with him when she found out what • bad man he was, and she was glad to get rid of him upon any terms. After being married to the prisoner for six years he not only refused to give her a farthing, but denied halla-crown a week to their child.—The prisoner, having promised not to molest the applicant in future, was discharged. WORSHIP-STREET. SUBPECTRD MATRICIDE AT HACLNCY.— Wm. Sheridan was chard upon suspicion of rs wilfully murdering his mother, M. ranee' Sheridan, an inquest on whose body appears in another part of our paper. —Police-sergeant Has kes stated that on Monday last infor mation reached the station-house that the deceased, who had expired after a short illness on the previous Friday, had met her death by unfair means. A preliminary Investigation had taken place berme the coroner, who had given orders tar the prisoner's apprehension. On the road to the station the prisoner stated that the charge had arisen from the bad feeling of one of his sisters ; the latter, however, who was the prin cipal witness in the came, was unable to attend, being then under the care of Dr. Osrrod, from injuries she had sustained at the hands of the prisoner.—Mary Armstrong, who had laid out the body of the deceased, stated that she heard the sister accusing her brother of poisoning hie mother, that he made no denial of it upon either occasion, and that the sister afterwards told her she had been seriously injured by the prisoner in consequence of her interference. —W. Randle, the landlord of the - house, deposed to his hav ing been disturbed by constant altercations between the pri soner and the rest of his family, and one of which occurred with unusual violence on the night preceding the death of the deceased, while she was confined to her bed.—Mr. Hawn, surgeon, deposed to having attended the deceased for the four days preceding her death. During the time she had been under his care she had been labouring under diarrhma and extreme vomiting. She was progressing favourably under his treatment until the day preceding her death, when he was asked whether she was not in such a state of danger as would justify the preparation of her will ? He replied, with some surprise, in the negative, as she was decidedly better, twat on visiting her in the evening found that she was alarm ingly worse, and labouring under symptoms which coald not have been produced by anything he had prescribed for her. This was at 10 o'clock at night, and at 4 the next morning she was dead. The post morfem examination 'rid since been made by himself and Dr. Letheby, and from an analysis of the contents of the stomach, and appearance of the liver, they had come to the conviction that the death of the de ceased had been caused by arsenic, of which they had die. covered a sufficient quantity to destroy the lives of several persons. They were also decidedly of opinion that some portion of the poison must have been administered • week or • fortnight antecedent to, and a considerable quantity within 48 hours of, her death. On being called upon fiar his defence, the prisoner repeated the statement he bad pre viously made to the officer, that the charge had solely emanated from the malicious feeling of his sister, who had participated with his mother in an allowance of 701. per annum that he made her out of his income, and was actuated by a ground less fear that he, as the eldest son, would become sole inhe ritor of hi. mother's property.—The prisoner was remanded. CLERK EN W EL L. —Cite it or OBTAINING MONEY UNDER PRETENCE OF PROCURING COUNEEL.—Mr. Head, a soli citor, attended in consequence of • report which appeared in the morning journals of Saturday, in reference to a charge made against H. M. Flanigan, for having obtained Hit under false pretences from a poor woman named Denny, representing that Mr. Harry, the barrister, would be engaged to defend her son.—Mr. Head said that Flanigan represented himself as his authorised clerk, which he positively denied, he never haring given him his sanction or authority for such conduct; and, if the circumstance was suffered to remain uncontradicted, it would have a tendency to do him injury.—Mr. Combo said he could have nothing to do with the case—it was never before him ; but it was a great pity something was not done to prevent such proceedings.—Mr. Head said he was only anxious to correct an untruth, which might injure him. lie thanked Mr. Combe, and ICA the court. THAMES.—Ronnixo A LODGING.—C. Kennard, a German portrait painter, was charged with having stolen three pillow cases. and articles of wearing apparel, the pro. pert, of Hannah Parker, No. 14, Grove-street, St. George's in•the•East. About three weeks since the prisoner rented a front parlour of Mrs. Parker ' and made an arrangement with her to board and lodge him for three weeks, at the expiration of which time he said be would pay her from the proceeds of a bill which he said he had received from his father in Ger many, but which wa. not payable till that time. On Friday week the prisoner told Mrs . Parker's husband if he would accompany him to town the next morning he should get the money, and would then pay what he owed. On the Satur day morning he got up much earlier than usual and went out. As he did not come back they searched his room, and found he bad taken not only his own things but articles be longing to Mrs. Parker. Yesterday evening he was appre hended.—The prisoner, who cried bitterly, acknowledged having taken two tablecloths, but denied haring abstracted the other things. He said want had driven him to it. His whole money was expended, and even his stock of paints was exhausted.—Mr. Yardley remanded the prisoner till Wednesday. WANDSWORTH.—FATAL ATFRAT ON TIM RIVER,— J. Wright was charged with fighting on board a barge on the river Thames, in the parish of Battersea, and thereby miring the death of. J. Powell by drowning. T. Davies stated that he is captain of a ballast barge called the Patience." The prisoner, the deceased, and a third man named Buckridge, had been employed by witness on the barge for about six weeks. They all went on shore on Sun day afternoon, when the deceased and prisoner had sone words. While witness was in the cabin he heard something about fighting, and called out that he would have no fighting, and told them to goon with their work. Directly after wards - he heard a scuffling end fighting on deck, when he went up ind found the prisoner and the deceased fighting. They had two or three rounds before witness and Buckridge could se rate them, and then deceased jumped into the boat and challenged the prisoner to fight on shore. Witness would not allow the boat to go, and deceased returned on to the barge and recom menced fighting with the prisoner ; they had one round, and in the struggle they both fell . o7rbaard, Witness jumped - -t, and in,- As usual foreign stocks were quite neglected, and remain with scarcely a variation of priers. Mexican were quoted 154 to 16. Spanish Fives, 15! to 61; the Threes, 261 to 71. Dutch Two-and-a-Half per Cents., 53 to 4 ; the Fours, 814 to 24. Danish, 794 to 84. Advice, from Manchester report that the house of Jones Loyd and Co., there, have issued a ' circular to their customers to the effect that, as they were about to commence • new system of business, they must insist upon all their accounts being paid up. This is no new policy of that bank, the novelty consists only in the circular publication of it for the first time. For many years the Man chester Bank, which was the offspring of Manchester charity as it may be fairly called, has acted thus to wards the Manchester trade. The stringent note of Messrs. Jones Loyd and Co., of Manchester, referred to, brings to recollection some particulars of the history of that bank heretofore pro mised. The present circular note is but in pursuance of the policy long followed in unfortunate times by the same bank, and now more perseveringly prose cuted than heretofore. Mr. Samuel Jones Loyd ap pears to be determined to carry this system out with the banks dependent on himself, because it has failed lamentably with the Bank of England and all other banks. Let him take the consolation of acting the master at home, since he can no longer act the absurd part of the dictator abroad. The story of the rise and progress of the great bank of Jones Loyd and Co. forms of itself a re markable chapter in the history of credit and cur rency. The Bankers' Circular, in its too common hap-hazard eagerness to strain inferences, has taken facts too much at random. Whilst rectifying its facts, it cannot but be agreeable to the celebrated firm of H. B. and Co., who know, as Mr. Henry Brougham (not then my lord) said of the Scotch, "a little of every . thing, and not much of any thing," to be made acquainted with the real incidents of the origin, the advancement, and the unexampled prosperity of the great bank, par excellence, of Manchester first, and now of London as well. If H. B. and Co. know how to improve the lesson well, the history of this bank will be a standing text for the advantages of open credit, and the duty of a " let alone" system of govern mental interference with credit Somewhere about the year 1793 the sudden advent of the war with France threw commercial affairs into confusion, and es a consequence monetary as well. A great banking house, Livesey, Allen, and Co., we be lieve, was the name, a bank of issue as well, esta blished in Manchester, became a victim to the crisis of the day, or to its own imprudence of over-banking. It stopped payment, and so great was the panic occa sioned by the event, so severe the distress occasioned by it, that a public meeting in that town was called, at which it was resolved, that in future no local notes should be admitted to circulation, and no bank en couraged which should attempt to issue them. The difficulty of obtaining banking facilities brought Messrs. Jones's into notice, then keeping a teadealer's if not grocer's shop. They bad been accustomed to make use of their ready money over the counter to discount bills, and were much respected. In those early days (before 1793) they had already, and a singular instance it was, appreciated the advan tage of not leaving ready money idle, and of extract ing interest, short as it might be, from it. The bills thus discounted were equally available with and ac ceptable to the London tea-dealer's traveller when he came round for payment and orders as a bank note. The firm had prudentially and properly turned the money to account meanwhile. They gained a character and a credit thereupon far beyond the capital in possession. Character in those days was equal to capital. The result of the public meeting referred to was a request to Messrs. Jones to establish them selves as bankers at once and outright, as par tially they were already, with the proviso of not Issuing notes; assurances of support were offered on all hands, and particulariy by the most wealthy of Manchester traders. They left their shop on the Es planade in consequence, and installed themselves in the present premises of the bank, King-street, Man i cheater. They proceeded to open an account, in the manner of country bankers, with the then London banking firm of Vere, Lucadore, and Smart. The drawings of the Jones's were enormous, because, being inhibited the issue of notes, bills of the smallest deno minations at two and three months were required to be substituted for local use. The London agency of Vere, Lucadore, and Smart, none of the partners of which had probably in that age ever travelled beyond the sound of Bow bells, were astounded at the immense quantity of bills sent ap for acceptance and payment. They had calculated upon Manchester, as upon the generality of small country towns, whose banking affairs would be re solved by two or three thousand pounds a month. Like the careful bankers of those days, who lived thriftily in the upper stories of their offices, they threw up the agency in a panic, and refused to accept the bills of the Manchester bank. All Manchester was again in consternation with bills returned and unpaid, as Livetcy's notes were before. A pub lic meeting was held. Resolutions were passed l affirming the credit of the Jones's, and pledg i g those present to their support. What was more, the wealthy and well-doing parties sub scribed funds on loan for their support, and to carry them through the difficulties of the crisis. If our re ' membrance of the sayings of one who is now no more, himself a subscriber, does not deceive us, the late and the first Sir Robert Peel, father of the present, put down his name for 20,0001. in support of the Joneses. In fine, a large fund was raised by thousands and hundreds, and the bank was rehabilitated. More over, such was the enthusiasm in its support, 'that two wealthy individuals of the name of Barker went into co -partnership with the Jones's, and the firm became Jones, Barkers, and Co. The Lo ndon: account was then transferred from Vere, Lucadore, and Smart, who missed thereby a splendid agency business which would have made them almost the first of London bankers, to a small banking house of (it' we remember what has been told us aright) Daniel and Wm. Jones and Co., who carried on busi ness in Lothbury on about the same site where the bank of Jones Loyd and Co. was then and is now established. Daniel Jones and Co. dealt only in dis counts, however, and cared not for deposits. They had accumulated a moderate capital and wished to retire. They , were distantly related to the Jones's of Manchester. RNOLIBR TV N DR Bank Stock, 1854 64 5 India Bonds. under gum 32 25 3 per CL Rod. Anm.., 824 13 4 I Consoh for Amt., 834 3e 3 14 P e .' 37per e'n ji. A ATne. ' ll4% 4 t t 3 i p i nnik. exp. Jan . s lies. - .18 I Ditto X. 509, .12 6 5 die. India Stock, 2:74 • Ditto Small. S die. 3 pm. 5 Pm. FORICION FUNDS. 3 per Cont. Danish Rondo, 1825. 7PI ' 3 pm Ct. Spaniel" Bonds, Amt. Nov. 6 per Ct. Mexican. 1846, AOrt. Nov. 16. ri 8 Id, 154 24_ per Cent. Venezuela Bonds, 4 octet. Forturnem Rip.. Acct. 214 321 3 I 6 Ker CL i t s anish Ronda, di, from 24 per Cent. Dutch Exchange, 12 Doll.. 531 ICRANORS AND STOCKS ABROAD. MADRID. Nov. I.—Three pee Ceuta, 264 cash, /7 at days Four per Cents., 164 mob ; Five per Cenu., 16 paper, 154 matt ; ressives. 5 m.h 64 paper_ Coo nor, 114 cash Bank of St. Ferdinand, 124 paper ; Bonk of St. Isabella, 112. Keetange on London. 46 75.100. The Liverpool Albion of to-day, in reference to the bank ing affait a of that town, says: — The ultimate Lite of the North and South Wales Rank and the Limpool Banking Company's ntuiblishments is etill undecided. Tte manager of the former, ldr. Rae, Ass returned to town from the metropolis, where with a deputation of the director. he has been during the week endeavouring to arrange for the re-opening of the estahlphment ; and on Saturday afternoon a meeting of the directors woe held. But the result has not yet teen aloer taioed and in the absence of the announcement anticipsted the/ the beak will shortly resuroe we may turn with pleasure to the meeting, Mil en Wednesday, at Denbigh, of parties in that vicinity i nterested he thebtalt, at which re. mini ions of confklence in the estahludnama wan eineelhatelay edopted be an influential body of the inhatiteatia and en tithe esensite a circular letter trent the bead meager la ILherpael yes read. as- Roaming that the i proprietors would be speedily celled lagethse, and IURT OF BANKRUPTCY, Society of At, authority upon made by the plain for an injunction applying to . before Vice Chancellor junction. l3l. lore to enter statu the court necessary to 0.._ parliament to. all the Birmingham and Oxford shareholders were willing that the contract should be carried out, still there must be an act passed for the purpose. When this case was before the court on occasion, under the title of " Motley .. the court in its judgment had made the fillewing tion, which clearly supported this proposition • agreement of the 12th of November the Oxford Company had agreed not simply t to the Great Western, but the agreement a third party was introduced. It appeared t. ham, Dudley, and Wolverhampton Company parties, and the contract was to sell not only th , Birmingham Railway, bet first to effect en with the Birmingham and Dudley, and then &mated railways to be sold to the Great 7- obvious that thh esatuat anld wet tak• As suggested w an roper , cause a road once made was in progress of deterioration till again repaired.—The rest of toe court concurred.—Rule refused. til atr on uti ......_ ..... in aim ....gip. , ••rij •••••••• •-- .---—...•-••••.-- g•r—,••• nouncing that the proprietors WON= DE vocally Lama ampemit, em , re ,„ 0 , 000 „ . 0 , 0 d.scer b be .-7- any companies had no p .wer t; enter into any contract milted that in the case of indictments for the non-repair of COURT OF BANKRUPTCY. into the boat, anis succeeded in hying nom of tne prooner. that the msets of the bmk are ample to met all lb engagements. 11UNTINODON.—Nor. 6, at Oaultepeottbc, Waterford, the Couniter for uniting their different companies, and if they had no highroads, which the ,present one was, the question was Before Mr. Oommlosimer Pane. . He saw the hand of the deceased rise above the water, and The affairs of the Banking Company are likewise la an undecided of iiimangam, do damp:. power to do an, the court could have no right to enforce the whether the road was in as good a state of repair as it had Ix its CHARLES °ELM/N.—ALLEGED FRACD.—Thas tried to reach it but could not, and immediately after. posture. The balandisheet has Men prepared end enkadtted to toe MoRTIMCk. Noy. 6, ths Mk of the RCN Dr Mortimer, Heed nie contract. There was another case, that of ii W ar d ti , the ever been ? The evidence had shown that it was. The bankrupt, who bad carried on busineas as an oilman and directory; and perhaps ea adopt days the die shay determine Maser of the City of London school of a daughter. mi Society . of Attorneys" (1 Collier, 307), which was also an learned judge, however, had left it to the jury to say whethir grocer, in Oxford-street, applied for his certificate.—He waa wards deceased sunk. Witness got the drags, and in about oo in reference to a Meeting of the MARIILtOEB. CATIIERWOOD—YOUNU.—Nos. a at St. Oita , . Camberwell, J. aes drip tors. re . wi l l to 'greyer, authority upon the subject In that ease an application was 2o minutes or half an hour afterwards he saw the body upon Doane s y h be „ tie eetkipetie., however, that the roal was in good and subatantia reFstr. This direction opposed by Mr. Cooke, who stated that the account. corn - taken 'shore. Bet h prisoner and deceased had been drink - . raj. c o iami.poicot will aysidoc. tyalterimed. Esq.. of Clairtessmare, to Keturah, widow.' R. YODOC !ay, made by the plaintiff, who was a member of the company, was wrong; f ort the public was not entitled to obtain oy this mencing in March 1846 and ending in June 1847, showed i n , f ree ly, prisoner being the worst of the two. During In pursuance of the report of the committee appointed to Do lss- wit,_ ll `Zo r t . '"" ° , , ,,,LN i t,.. " . 4 5 . 5 ' r d o ' ll o ,„,k,'o o .b y a,. R e ,,, I. W. me for an injunction to restrain the goy, ening body from indictment a ter road thou it could have claimed if small the debts and liabilities to be about 1,600/., and assets stated the whole time the deceased and the prisoner had been work- investigate the affairs of the Royal Bank of Liverpool, the Decks. L. Downes, lisq„ to Ellen, youngeer daughter of the ate J. all applying to the crown for a new charter. It eamo oa repairs had been done from time to time. at about 1301. This WAS his own petition. It was now corn- jog with witness they had been on good terms.—The pri- following circular has been forwarded to the various Bootee, Pp., of Bothwell house,Deros. kli before Vice Chancellor Knight Bruce, who granted the in- Lord Denman said that he could not accede to the argu- plained that the bankrupt had been guilty of a fraud on the soner, who was dreadfully distressed in mind, expressed his propri e tors , LOW E—GRUGABI.—Noe. 4, at 8(11,4 - cart, Capt. Lowe, commander of col junction. But suppose there was any authority in the direr- meat of the learned counsel. The reasonable and convenient general body of creditors. In March 180 he offered a eom. 11.M.5. Pluto, to SIM Orogen. fiu sorrow for what had occurred. He bad no ides of drowning Royal Bank, Nov. 6, 18 17.-81 r, —As the number Of anikettiose for kr EWMAN-8111T11.—Serot. -. at /Pada:moms Ceylon, by the Rev. GM to enter into this contract, still it was not one which hoc issue was, whether the road was in a state of good and sub- position of 7s. 6d. in the pound to the creditors, and obtained the deceased, and would himself have lost his life had it not the preference shares out of the proprietary is very peaf. yea WOW C. Oremwood, the Rev. E. bowman. of Palamoodsti, South India. He statu the court could enforce. In the first place, it would be elantial repair, for to a road In that state the public was eu- men of the names of Clark, Burls, and Lacey, as decoys (es been for his master.—Mr. Beadon said he had no alternative quested to signify by wedne-davoest the numberofgebbeemm shares to Jam Mary, eldert daughter of Mr. L. cane, of Mean...viz roe. till necessary to obtain an act of parliament for the purpose. .If titled. The issue suggested would be an improper one; be- alleged). Clark was a creditor for 6601., and it was statedorder that the allotment car Loadon. but to commit the p risoner for trial for manslaughter, but ye u ftf ` d°B " ° " .d to take, in us • ..., was muonwagn—ft foal ffs.—Nor. 3, at Rt. Mary:. Arraname.tqusie. aft all the Birmingham and Oxford shareholders were willing cause a road once wag in progress of deterioration till that he had received 2061. lle. 6d., being the amount of his would take bail for has appearance. may proceed as quickly es portable. taking pima& by the Rev. T. IligrOU. T. Woodward. Ern. to Ma 7, daughter of the cm that the contract should be carried out, still there again repaired.—The rest of toe court concurred . — Rule composition, but he (Mr. Cooke) would prove that be re- preference shard , will cancel the ell already male open Ur had late K.,. J . Hiath „,. rector of Kietbee and ~,,y . , 0 , 0 , 0 ,,,, e. e h, shares. You will, of muse , nadoesesma at the b uns awes lave must be an act passed for the purpose. When refused. (vivid promissory notes to the extent of 937/. 2s. 64., whichDEATHS. uti this case was before the court on a precious Moues e. ALLARD.—llarescit TO AN Amos FOR AN had bees handed to another person. Then, uto Burls' case, MONEY MARKE T . been cance ll ed , and that the antrinat piles malt diem will now be comm.—Noe. 2. , Reee ,... Que .... . co . ev, x n. mai m. c oo k., taken in part payment of the preenume sir Se Off oink as the ewe of occasion, under the title of ii m os t". e. Al mon, " Ageopmr,---Mr, Godson, Q.C., moved for a rule to show he received 164!. under similar circumstances, end Lacey MONDAY EVENING. may be.—J. (NIA/V131.4 Manager. Dtrl d A.—Nov. 8, the Rev. Robert Crawford Dillon, minister of the we the court in its judgment had made the following sheen.. cause why the defend a nt'. verdict should not be set aside, 1271. 17s. 9c1., although he hail signed the composition.— The market has been remarkably steady to-day Our correspondent, under date Manchester, Nov. 8, says : chel, Whites row, Npitsl6elde, aged al evi tan, which clearly supported this proposition : g " By the and a new trial had. The action was for an assault, and the. Mr. Duncan, for the b..nkrupt, said that be did not sign.— altogether, although with jobbing fluctuations of the — I IR A. KLI N —Noe 4at PI oath , Glt Franklin Req., R.N., 1505 am requested to state that the report of the failure of mh ,.. , of alte. stop ....7 ...132. . R. . agreement of the 12th of November the Birminham and declaration alleged that the defendant knocked the plaintiff Mr. Cooke continued by saying that the bankrupt had paid Just and Co. was not Messrs. M. Z. Just and Co., Pell-mall, now ordinary extent. Consols opened at 831 money LAI:01ITON.—;lov. 6at di Chuster-punre, Ann Agee.. the .lit of Oxford Company had agreed not simply to sell the nave% down, pushed, d . pulled about, atruck and kicked him his attorney 231., and his accountant 20!,, before the fiat issued . i Manchester, for whom it has been taken. A meeting of the R. Laughton, hen., of the lion. E. 1.0 N. ca , to the Great Weste rn , but the agreement was one in which when on the groZ l ir t a i nd broke one of his legs. The de- The bankrupt examined : Had never been bankrupt or in- and 83/ account, anti left off 831 to 1 money, and creditors of 'av ...assn. &holes and Co., bankers, was held at the PRARCE.—Nov. 6, at those -hilt Cainberwelt C. T. Noce. nse. RI a third party was introduced. It appeared that the Birming- fandant Plended — first, not guilty ; and secondly, a justifies. solvent prior to paying the composition of 7s. 6d. in the 831 to 4 * 5 for time. The transaction have been of im- Albion Hotel, in Manchester, on Saturday last, pursuant to a K it°m°°° of the "'''''""':4(l.l Stock E.a.. w .. ii.b. CHAR — No.. 6. in tiostonarest. Dordouseuare, /A be ham, Dudley, and Wolverhampton Company were made , Lon of which the eutetaiwe was test the defendant, as the d th 3d f March 1846 II Bolt, the assignee, was p or ta l :we, but not of such large amount as have taken circular issued by tke firm. About 160 credits/vs were pre - anion. keg., M.D., agM 6e, WIZ on 0 r 0 • , • • wi. parties, and the contract was to sell not only the Oxford and servant, and by order of one Weaver, and in the defence of a creditor for shout 3001., and received the composition and place latterly. Exchequer Bills were 12s. to 10s. sen t . . The chair was taken by Mr. John Clegg ; and Mr. ROCIIL — Nov 4 , at lbgenaboure, Inzabeth Anne, infant dementia ' De Birmingham Railway, but first to effect an amalgamation W 'a possession of his public-house, in which the plain- two bills of 1001. each. Clark was a creditor for 3691. and discount. India Bonds, 30a. to 251. di scount. Bank H it c h coc k o f of the firm of Hitchcock, Buckley, and Tidswell, ff. Roder. Beg.. Y.D . id with the Birmingham and Dudley, and then the two amal- tiff had been soaking a disturbance, laid hie hands on the 181 L He received the composition of 7s• 6e1., and sub- otock, 1861 to 71. hat , e, in a very ear statement explained the position of the bank, gneiss au summes ay Ifitaue Amu. J ec he ev, enet-Grerk to pallallaLtbrbßs t ai s iWal to be sold to the Great Western. It was MaYagt f~Rtd not Ilia plan tsMrt Reds =, tiff, s to ta tr i r i s ai t a ill i t a i s ntly kicked and resisted th aaoe~aetty sad ; i4 :1 1 : 4 - sequently preseed so fw acco h ogodati . on, b y u l t which the . 0 mita, 227 to 230. LOTIg and detailed the assets and the liabilities. The result showed 2 . r.." .2,•,141.6k1a tae Csl ei Lambs Feel.. tI 0 . 0 . ,•144',1 1 ,7,` • bnty her Allilliitillle 8 7-16 to 81. • surplus dainty 19,0001., alter deductions °festinated lOU see Olio of giiiiiLOsorli of llialooosAaaoot, irofsaoso 11. Off. __ ~....___ • - - - - - --- ...___ the asthority of the leglelature. Therefore, whatever the patios might intend to do, the question must finally be do. riled by parliament." Even if the Birmingham and Oxford ha 1 power to sell their line to the Great Western, still they had no power first to unite themselves to another rail way, and thee to all the amalgamated c,mpanies. It could not be said that this was done in exe cution of the powers of sale, for the very terms of the contract were, that the a malgamation was to be first made, without which the sale could not take place. Even the price which was to be given was fixed with re femme to this amalgamation, because it was stated that the Great Western would give a higher price, on account of the greater value gained by the amalgamation. The Great Western might fairly say, when the time for completing the contract should arrive, that they would not give so high a price unless the amalgamation were first effected ,• if se, the contract would net be binding upon them, and surely it would not be binding in such a came upon the other parties. The . ! h i:2er oft tf thia e b d ill was , d that _ the agreement t should be ? t it dirr s tiol d ot t.t he a c tt o d uel, t a d n t e d l :KV it ji might declared" und er the Company were trustees for the Great Western, and that they were bound to complete their engagement to sell the lines under the agreement, and that the directors might be restrained from entering into any agreement for amalgamating their railway with any other line. Under the prayer it would be necessary for the court to direct the parties to go to parliament to obtain an act for the purpose, and the court would also have to direct that the defendants should not oppose the passing of such en act. A court of equity could eke such a direction, and it ' would be taking . away the right of all persoas to petition against the possum of the act. The case of Wan r. the Grand Junction Watarworko Company" (2 Russell and Mylne, 407), established this propmition, that though a waterwerk company might proceed to parliameat to enlarge their powers and obtain water from other sources, yet that they could not apply the funds of the existing company to any other than the existing purposes. The case of the Attorney-General e. the Manchester and Leeds Railway Company ' (1 Railway Cases, 436) also established that the court could not deal with the contract while it depended upon the act of the legislature. It was evident that the contract could never be carried out except with the ' sanction of the legislature, and an act for such a per. pose could not be applied for except with the approbation of three-fifths of the shareholders ; and it was very certain that three-fifths of the shareholders in the Birmingham and Oxford Company would never sanction the application, con sequently the act asked to declare that the Birmingham and Oxford Company should be trustees for the Great Western ; but how long was this intended to last ? It might be continued from time to time, during repeated sessions of parliament, until no opposi tion was made to the pawing of the act, and the court could grant such a prayer as that. The Vice-Chancellor said he understood that there wu an act passed which authorised the Great Western Company to purchase the Birmingham and Oxford, and then another act enabling the Great Western to purchase the Birmingham and Dudley Railway. If so, it might be contended that the agreement which bad been entered into was only carrying out, in one purchase, what might be done by two distinct transaction.—Sir Fitzroy Kelly said that neither of these acts authorised the amalgamation of the Birmingham and Oxford and the Birmingham and Dudley Railways, and urged that unless there were such power of amalgamation the contract could not be enforced. The act referred to was the 10th and llth of Vic., which provided that no lease or sale to the Great Western ab,uld be effLoted until the maximum tolls of the Great Western should be reduced to a limit therein specified ; and then it was declared that the tolls should not be reduced until the transfer of the line was effected, so that on this ground also the agreement could not be curied into effect —Mr. J. Parker, Mr. Bacon, and Mr. Willoock, appeared with Sir Fitzroy Kelly in support of the demurrer, but the arguments were not concluded at the rising of the court. Before Vice-Chancelke Ithight Bruce. FLEET'S D. RICHIII.-81T-ore. —The plaintiffs were a legatee and her husband, and the defendants were the exe cutors, who were also devisees in trust under the will of real estate, out of which the legacy was payable. The defence made wee, that the legatee had retained in her possession a deposit note, part of the testatrix's estate, alleging that the testatrix bad given it to her. The executors hail brought an action of trover against the husband for the note, and had recovered damages and costs, which they now claimed a right to set-off against the legacy. The Vice-Chancellor said the defendants were not liable to pay the legacy out et the proceeds of the real estate, in their character of executors, but in that of devisees in trust. There was, moreover, the fact that the legag was bequeathed to the wife, whereas the judgment was against the husband alone. There could, under these circumstances, be no set off, aad the plaintiffs must have a decree with costs, except against one of the trustees, who had disclaimed, and against whom the bill must be dismissed with costs. I.IASLAX C. RM.-COCKS/On O. ALLIBON.-HEIR-/T -LAW Soctirrr.—These were two suits alleging legal titles in the plaintiffs, as heirs-at-law, to certain estates. The defen dants demurred, and, in the first case, Mr. Russell, for the defendant, said that the proceedings were instigated by a society of which the court had so often heard.—Mr. Hum phrey appeared in support of the demurrer in the second cause.—Mr. Watson appeared for the plaintiffs in both snits, sad submitted to the demurrers, but asked for leave to amend, which the court refused. Before Vice-Charioellor Wlgenm. CARLYLE O. ELLlOT.—Bazacm OF INIVECTIOIC—His Honour delivered judgment in this:motion,the facts of which appeared in our impression of the orb instant. The object of the motion, it will be remembered, was to commit the de fendant for • breach of an injunction which had been awarded against him in October, 1845, restraining him or his agents and workmen, from quarrying, blasting, or dig ging stone in a close called the Jews Churchyard, belong ing to the hospital of Queen Elisabeth, so as to injure thereby the adjoining soil on which the hospital had been built, or the building and boundary wall of th e hospital itself. The defendant having alterwuds recommenced the work complained of, and injury having been thereby occasioned to the boundary wall of the hospital, an application was made in July Wt to commit the defendant fur a breach o the injunction. The court on that occasioa made an order, by consent of all parties, that the defendant should pay to the plaintiffs (the trustees of the hospital) the sum of 701., towards repairing the damage which had been occasioned to the wall, and the defendant undertook not to damage or interfere with the wall in future. Since that order was made, the defend ant bad granted a lease of the close to a poor stone-cutter, named Adams, by whom the quarrying had been resumed, the defendant being :present at the time, so as to cause truth injury to the plaintiff's wall. Hence the present motion.— His Honour thought that the acts complained of, if done the defendant himself, would clearly have been a breach of the injunction. The defendant, however, had leased the close to Adams by whom the acts had been done. By the lease a controlling power over the working of the lessee had been reserved to the defendant, who, instead of exercising that power, had stood by and seen the acts committed. The only point in the defendant's favour was the offer to indem nify the plaintiffs for the damage done. The order, which appeared proper under the circumstances, was by consent of the defendant to order him to pay the 701. within 14 days from the date of the order, together with the costs of the motion of July last,as well as those of the present motion. And with like consent that the defendant should pay the expenses of re pairing the damage done by Adams to the wall, such damages to be ascertained by the Muter. There would also be a reference to the Muter to ascertain what was the least distance from the wall within which der ndents might carry on their works without injury to toe plaintiffs' property, and to mark the line accordingly. And in case any injury should ante by working up to toe line fixed, the order was to be without prejudice to any future application by the plaintiffs to alter the line marked. out. COURT OF QUEEN'S BENCH. WRINOHLM V. CLUIENTS.—ETIDINCE OP CoNveasiow. —Serjeant Ryles moved for a rule to show cause why the de fendant's verdict should not be set aside, and • new trial had. The action was one of trover for goods, and the pleas were not guilty " and not possessed." The plaintiff had had reason to believe that if he should absent himself from home, his wife would enable the defendant to seize the goods in question in payment of a debt which the defendant alleged to be doe to him from the plaintiff. Having wee mien to absent himself, the plaintiff ordered a man to watch, and, as had been anticipated, the wife, having induced the man who was on the watch to walk into another room, tut fered the defendant to remov, the goods. At the tri al the defendant sought to treat this connivance of the wife as equivalent to a leave and license of the husband; while on the other side it was urged that as there was no plea of Rave and license, no evidence of leave aud license could be given ; and that if there had been such a plea, these facts would not sustain it—The learned judge was of a different opinion. The evidence was received, and the verdict passed for the defendant. The learned counsel now submitted the same points as a ground for his motion, which was granted. —Rule nisi. Tile QUERN V. THE INHABITANTS OF HENLIIT.—WHAT STATE OF DISREPAIR HALES • PUBLIC ILOAD A NUISANCE. --Serjeant Ilyles moved for a rule to show cause why the verdict which had passed for the crown at the last assizes for the county of Suffolk should not be set aside and a now trial had, on the grounds of misdirection, and that the verdict was against the evidence. On the former ground, he sub mitted that in the case of indictments for the non-repair of highroads, which the ,present one was, the question was whether the - • . . TILE EXPRESS, TUESDAY EVENING, NOVEMBER 9, 1847. in protection of the house and obedience to the owner, a little pushed and beat the plaintiff, and in doing the rime unavoidably broke the plaintiff's leg. The plaintiff replied that the defendant bad committed the assault complained of without the causes or matters of excuse alleged is the plea. At the trial, it appeared that the de fendant had volunteered to turn the plaintiff out of the public house, and having done so challenged hiss to fight ; that the plaintiff declined ; that the parties were nen in pugilistic attitude ; and that shortly afterwards the plaintiff was heard to fall. Some persons who ware near them went up, and it was found that the plaintiff's leg was broken. The judge left it to the jury to say whether the plea was made out. The learned counsel now contended that the jury should have been directed to find for the plain tiff, because under the plea the only answer admissible was matter of clean, that extended as well to the breaking the leg es to the original expulsion ; whereas the evidence did not show that continuing disturbance and resistance by the plaintiff which were necessary to make the act of breaking his leg one unavoidable in effecting his expulsion. He also submitted that the verdict was against the evidence, because the intervening challenge to fight showed that the breaking the leg was in fact not part of the same transaction as the expulsion.—The court took time to consider the evidence. BAIL COURT. Before Mr. Justice Wightmaa. BATTY V. THOMPSON.— HOHIBITION TO • JUDOS OE A COUNTY COUILT, TO YNFYZNT HIS TRYING • CAIII wHENE A QUESTION or TITLE IS INVOLVEU.—The Attor ney General moved, on behalf of Mr. Alderman Thompson, for a rale to show cause why a prohibition should not issue directed to Mr. Ingham, the judge of the county court of Westmoreland, sitting at Kirkby Lonsdisle, prohibiting him from any further proceedings in an action brought by a Mr. Batty against Mr. Thompson. It appeared that Mr. Thomp son received a summons on the 15th May, to appear to answer a plaint at the suit of Batty, in the county court, on the 2nd June, for the recovery of 41. for the use and occupation of a field. In December, 1840, Mr. Thompson had contracted to purchase an estate in Westmoreland from a Mr. Newell for 120,0001., which purchase win completed in 1841, and he entered into ion. In the estate was a quarter of an acre for which posses ion. rent. It was included in a pasture field, the whole of which was undiatingul+hed by metes and bounds, and consisted of nine acres. Until a short time before this action was brought Mr. Thompson had never heard of any claim to this piece of land, and when it was made he told the claimant that he had purchased the whole estate ; and if there was any question of right to that piece of land an Sc. Lion of ejectment might be brought. This suit, however, war instituted, and Mr. Thompson appeared by his solicitor, who contended that the matter is dispute Was • question of title, which the judge of a county court bad not power to try. Mr. Ingham thought be had power, and gave judgment fur the plaintiff, but stayed the proceedings till an application was made to this court —The Attorney General contended that it was clear that this was a question of title, which, by the 58th motion of 9 & 10 Vic., c. 95, judgcs of county courts were expressly forbidden to try.—Rule granted. The Court then sat at nisi prius, and disposed of the list for the second sitting, there ”nly undefended causes. COURT 01. t.a.vmAioN PLEAS. Bitting is Elmo. BENHAM O. GRAY.—QURS TION AB TO THI RIGHT OF PARTY TO MAINTAIN AN ACTION or TRESPASS AGAINST A SUPPOSED PARTNRR.—This Irma an action of trespass, and the ease was tried before Mr. Justice lt‘ illiams at the last sittings in Middle ex, when a verdict was entered for the plaintiff.—Mr. Petersdorff now moved for a rule to show cause why that verdict should not be set asi le, or a nonsuit entered. The facts of the case were that the plaintiff was possessed of a house the upper part of which h. had let to the defendant; and it also appeared that the plaintiff and defendant agreed together to carry on business as appraisers and auctioneers in the loser part of the house, hut there was no express understanding as to the manner in which the partnership was to be conducted. After the lapse of a short time the plaintiff gave notice to the defendant that he had dissolved the partnership. Subsequently, the defendant sought to enter the premises where the business was con ducted, and claimed a right to de so. This the plaintiff re sisted, and thereupon the defendant broke open the door, and thus committed the trespass complained of. The slues. tion therefore was, whether or not, under the circumstances mentioned, the pl•intiff, by giving the notice of dissolution, had completely put an end to the defendant's interest in that part of the premises where the business was carried on—it being contended on behalf of the eefendent that he had a right to exercise the privileges of • partner until the &Mars had been properly arranged.—The Court said the rule had been moved upon the general ground that the partner. ship gave the defendant a right to use the premises so long as anything remained to be adjusted between him and the plaintiff. It did not appear, however, that there had ever been anything more than a mere negotiation for the putnership, the plaintiff having merely permitted the de. (indent to use the premises for such joint dealings as they might have together. The subsequent notice of diwolution had entirely determined the defendant's interest in the con. cern, and the possession became vested in the plaintiff as the owner. He had therefore a right to maintain his action • trespass, and the present rule must be refused.—Rule refused. . . . . _ . . The court baa given notice that the days appointed for the bearing of appeals front the decisions of revising barristers, wader the art 6 Vie., C. 18, are Timidity, the 11th, Mon day, the 15th, and Thursday, the 18th inst. COURT OF EXCHEQUER. Sittings in Ban,: POTAZ V. GLOADOP.—ALLEGED FRAUDS IN BILL DIA COVNTIVIO.—This was an action by the endoreee of two bills of exchange for 2.501. Poch, drawn by one Gardiner and ac cepted by the defendant, a clergyman, of West Dean, in Wiltshire. At the trial before the Lord Chief Baron, during the sittings after last Trinity term, it was contended that no consideration passed to the defendant, end that the bills had been obtained by fraud and coven. It appeared Gardiner obtained the bills front the defendant for the purpose of having them discounted, and having failed to do so at a bank where it was alleged be had previously bad an account, he gave them to one Thomas Holbrook Coyne, who took them to a person named Oadderer, and obtained through him 1001. for them from the plaintiff. The de fen dont never got a farthing for the bills which were subsequently passed, without the plaintiff's endorse ment, to well known bill-..iscounters named Jones and Lawrence Levi, who, upon their being dishonoured, obtained from Oadderer the amount which they had advanced, and returned them. These facts having been proved, it was proposed to give in evidence certain letters from Oadderer to the defendant and Mr. Glossop, with a view to show the conditions upon which Gardiner obtained the bills; and that Oadderer, as the plaintiff's agent, must have been aware of the fraud perpetrated noon the defend ant. The learned judge refused to admit that correspond• ence ; and a verdict having passed wider his lordship's direction for the plaintiff fur 1001., Mr. Cockburn, Q.C., moved yesterday for a rule to show cause why that verdict should not be set aside and a new trial had upon the ground of misdirection and the improper rejection of evidence.— The Lord Chief Baron raid that as Gardiner, who was called by the defendant at the trial, swore he had received 1001. fcr the bills, while they were in his hands, as agent for the Rev. Mr. O!oesop, it appeared to him (the learned judge) that the plaintiff was clearly entitled to recover that sum ; however, he thought since then that the jury were at liberty to believe as much of Gardiner's evidence as they thought proper. The learned counsel had better take a rule to show cause.—Mr. Cockburn: We were going to prove that Miss Potez, the plaintiff, and Osdderer, her agent in this transaction, were upon very intimate terms, but his lordship would not allow us.—The court intimated again that sufficient grounds had transpired to warrant the granting of the application.—Mr. Cockburn said there was another point he wished to mention. After the jury had retired for some time, and considered their verdict, they returned into court, and declared it was their opinion that the whole transaction was a fraud upon the defendant. The learned judge told them they were bound to determine the case according to the evidence, which showed that the plaintiff had paid 1001. for the bills. The jury then unanimously declared! it was their opinion that the bills were never in the plaintiff's hands.—Mr. Baron Rolfe: Was not that a finding for the defendant ?—Mr. Baron Parke : Certainly. There was the case of " Jacoby. Tarltton," which decided that such a decla ration amounted to av, rdict.—Mr. Cockburn said he had a host of authorities to show that such an intimation from a jury was in effect a verdict for the defendant.—Mr. Baron Alderson asked why was not that point reserved ?—Mr. Cockburn : His lordship refused to reserve it, and desired us to tender a bill of exceptions if we were not satisfied.—A rule nisi was granted. AVOVATIN V. CH•LLIS.—NEOLIGAIICE OF A SHERIFF.— This was an action against the Sheriff of Middlesex for neg ligence, for having *Mewed goods seined by him under an execution to be taken away by the debtor's landlord, who, it appeared, put in a claim for rent, which was not proved to have been due. Mr. Baron Platt, before whom the case was tried a few days ago, told the jury that unless the landlord's claim was proved regularly, the sheriff should not have al lowed the goods he had seised to be taken away, and that as he had done so he was guilty of negligence. The jury re turned a verdict for the plaintiff for 181., the value of the goods removed.—Mr. Humfrey, Q.C., moved for a rule to set aside that verdict, on the ground of misdirection; but the court were of opinion that the ruling of Mr. Baron Platt was perfectly right, and refused the motion. by bad and doubtful debts and securiti , a, besides a further amount 0(9,0001., the private property of a former partner, which was stated to he also available in case of need. The statement was received with much satisfaction by the meeting, and a resolution for permitting the partners to wind up under inspection was unanimously canted. The inspectors were instructed to make • dividend of ss. in the pound on or before the 10th Dec., and • like dividend, if practicable, on the 10th Feb. next. It was to be in the discretion of the inspectors to pay off at once all debts not exceeding 201. No doubt was entertained that before the ezpirstion of a year, for which the license was granted, 20s. in the pound would he paid to every creditor. Mr. John Diego, Mr. Peter Hartley, and Mr. Thomas Fuller, were appointed inspeetw s . and • resolution was unanimously passed expressiv e of the svmpathy of the meeting for the partners in the bank, and their entire confidence in their honour and integrity. Thanks were voted to the chairman, and the meeting eq.- rated. RAILWAY NEWS. Sham were better yesterday morning, but fell off with Consols in the latter part of the day. The fact is, that a great quantity of stock is pressing on the market. SHARE LIST.-LONDoN, NOV. 8. Dora-The rprolatiose of Was In !toss characters denote actual traumatise : Shore of Ws la Italia Wks pnes .01D. ISIS. 40 !Aberdeen 21' Amberst•NoLtßeet f 2 Do. New 10 I lima., W 01. ,t DudlJl36 f 1 lA.. An,..., , P11„ /I /hr. Wel. eS. Vaiki44 4.1. 40 Do. 444.4 k. K. k k ~. 15 Bole. & Oxford Jo)) 4p. T 1 Do. 101 .4. NA Ha 31 ib S /Amon. Slow. &Bins 2 1.1 Te D0.101.111..11 Ai B. looj 75 Bristol and Keats • • N 1 00.10Ceh.51.411 cst 3 Is b p mi,,,,, ~..... 411 London aS. Waste/n.134 616 3 101 ffirthinpAssereire .. 3d. 40 ISo. New Cow. lithe•l 30 Caledonian 3= - Do. New, 201. ...t . • 31 De. 0 Awes . ..„ 3 16 Do. Neer 401_ „. 371 Metre & Holyhead IT SO Do. C 0... 7.,,,iiii . 4 De. Preferaser. - 744 Clarence . .. .. • 1 1..)o. Thirds . 11 sr . 10 Do.usol, epee * CI. 6, 1 /A.. Loo.,Saliell ,..,_,_i .d. L'e s oni'lleir 10 1)o. Wm. 6per CS. a ifortandr. * Dedditukno(ft. Arne. 20 lad 3 'Mon. Des.rt - .7•7171.61115, 16 Dundalk.* Ennieldn.l 23 Mown. &fienfAssaNll.l. 15 Lin ‘23I.LINALIDI 16 he 315 4 / a O4 . ..... .. 1A.,. , 18 Do. 1181. E. & ICI. 10 N. 40 0„, Do. 401. * shares ...... 40i 1 - ' 1 D 0.131.101. E. e .11) N. yoke 10 Do. RC share . ..,11$ 2 1 ID liestern Comas IS 116 1 Do. lane.* Derby!ef el I. ) oPer9.4YCL N 0 1 I id. lOU Do.C.Det.allr.oPC.llT 111 014 Do. do.. ~, . No. Id. 34 I Do. Hrioi..l G lode, 0 Do. Frei RAM_ _ ..• * lid 311 ! Aird•Ct. War.,/risk, • DoNortha iiisoien 49 lOnlincrank d• * I 1f Do. 1 Mara 11 i 115 L3 l . Nees &Carder/ I lb. Rea r, . /4. 25 lior:11 HAUS ..... 1, , I Rosters. Mans N Do. 5 Nana t'. Do. _cadres .... 1 5 Irutet lancothert. I Do. Nees 1 . Do. ?lards . 13 M. N.. , i than*. 1 . 100 Norfolk WS %Est Lirsognsaire . lold. 6' Do. New. 30/. ._ .3 4. 6311nlituriOlaso * . 8 5I Do. G eared. Sipa. 10, 0 6 0 Da. I = ** 334. 3 124 14* 1. 4 1 IZ:sbilrAftl,7,7A,;ys it- m , Ifftttt Edina. & Northavis Do. Ifeerple4 ~ - . 2 Do. do. Wareney V. lit 4 N. Counties Union . . T 1 North ateffordelain. ,f f 6 1 1 Ezeter,l'eoril, Dore. 1.1 144 34, , ii. ..... P . (ham., Kiln. & A 4 North Irent ,,,k, ern,,.... Great Northern-, . 2 4 1 33 iusf..Worren &Web. 191 , Do.bm. tI" or! Er IL If& ii Itenlf..Ctuldellerst. i 104.8outh k Welfare 31 I,' Holdf o u and /Maus' c 1 (IL Nth. of Ragland- SO IT NI ISco/fira Central .... Do. New, 401. 3 i p. 17i8rodirk 3fellded .. De. Nor. IN. 15 1 90. 6E4 .&. /FA. i 6 G. Vlrsern ... •• • 10199 C. Samer.&ilirs. Cir4l3l 3d. Do. to/wirer .•• •• • 10p. 3 Do. do. C 1... B. ...6S 34. 40 D0. D0. .talt'',..C_. --. ..:111 IN. Do. ~,~. W. HadderDfeld, Maw par 33 *nub Eeeternalnm . .lol . 74 8 De.. do., 71irdr MN and Srlby ... Do. sharer 6l. Do. do .. . _ 44 31 /w.. . St. Edootte lt 14 ,ittr. Woks . . .1101 Nel. Do. do. & Norwich 74. 2 n...uh. /....i dir. 1 Do E.rtSc.lialeed• 1414 4 Tar Yale Ee•h•neion It 114. _ Lessner 8 Ca/SS WI 3T Th.ones Hared. DE li IN 100. Do. Thirds -_ . 13 W.Jerford l• Siam.' Leash& Yerfir * M.k L 11 WAllreor.* Faros/ 30 PEW, Sotn..& Wee.. 16 14d. Leo. lonfirit , Do. .Aare ,h 2d. 15 York, Nen., & 11.,. : 324 :If , Do. Ifths i 25 lou.one.Newenller.b /1 1 . Do. Sixpenny.... , 1 ,1. par /5 DoN3nickirPor.A.l Do. Thirds 111404 1164 14. 10 Dot:l.lolDi* Ns f 26 f Do.LtorrpLe Dory In DoduNo2Neen 11, al 6 Deffedref/&B6C 4 lioiiN hPuror Prer 41 hi , Do IllipleVADol. 30 TorktNorthlislta...i 76 4 Do. II .it Union 21214. 10 Do. Prefersce . 151 Do. Preston ti Wrre 34 30 Do. 1../111.141,14. lir 27 40 Do. Ohara . ... A ll 311,. Forums 11.011.0511,.. Do. .10 .._,.. 11 i 11 20 Uslogne & AMilila . Leeds and Bradford -V 14 tra.4/ re , ioe.d V... , Leuveter .Y &Word ~1 1 6 I Dreavern • : • : - • • - • .1 Lords mod Tiara !* 17.1. 7 1 Dwa than .......lthenn Do. Nese . 'ls 134. 16'E est In . .. DoPref.4.;reent 2 DI. 4 I/swain 4 1..1 Sand., Lteds,Doess., Manch 6 !Lures/seep Leo. Mos.! N.J. 6 ,IgonstArtgu ,Canal ' Lie_Crorby,a So.uA. 1 14 INdiner and Loy, . . London .t Illacheall' 10 Northern of Frans . Do. do.. .... . No. 1 4 Orleans a Boniest Do. do.. - . No. 2 10 Paris and Lys.-- Lod, Miens, B.Co 4 f If If 20 P.ITY and OrLasse. 4 Do. Cons. INAttAg. 106. 13 Paris and Rouen . De. do.Oirarsp.l3. 8 Paris & Nrosboorg. Do •PrLlOne.N.a. 20 Rouen and 1111•66 Loads 1 UrecaSeb 8/ 16 Sambre and Meuse Do. ervireenee. - 8 7.6.1 . 8 4.el NMI. London 5 N.Wenernlls2 3 4 8 Wen Flanders If ao 160 36 1, 17.31 4L • I~i~e ~ ffl tl .ri iqt MISCELLANEOUS.—Morrsoen AND BILECHIN .—Wil (Montrose Standard) believe that official information haa been re. mired that the government inspector intend. to elan the railway works on Monday, the 13th instant, mad it is very probable t►at tM will he opened immediately theteafier. There at, several Man made of labourers employed in aniabing off the line, and two engines eun.tantly at work, supplying them with the requisite materiel for that purpose. COMMERCIAL AND MARKETS. PRODUCE.—MINCING -LANE, Nuv. B.—The publie Wes which an advertised fur to-matron (Tuesday) of sugar and coffee bare prevented bocanees by private context, but opinion in lamer of better prices is graelu strengthening without any ap. pasties of speculation, which is held in whnesome check by the high rete of disocninta, although money in the commercial eireles la be. ' coming Tether more ea/I.—Rice bee been in fair demand.—Cotton rather more steady.—Tidlow steady at 45..; town, 400. 6d. ; rough fat, 2s. 70. Arrived during the last week, 774 mak. ; delivered, 2,185 Teske. The present stock on Mind Is 21,985 casks; at ths seine period last year, 18,869 W.101.--Pror dote : The put week has shown a general dull market—Rutter : Irish has been in limited de mand, withent alteration in pria.—liecon : The trade has bought ba • very limited extent.—Lei et fine veiny In fair demand—Oikt steady : oral pale, 281. ,• straw 24., 2,1. ; brown and yellow, 231., 24/. ; sperm, 81/., 82/. ; head matter 821., 83/. ; cad. 261. 10 e. ; South Bea, 25/., 27/. ; olive (Gallipoli), 46/. ; Spanish and Sicily, 431.10 a., 451.; palm, 301., M. ; mom nut, 651., 651. ; seed rape pale. 3:1. 10e. ; linseed, 241., 241. 3e. LONDON WEEKLY DOCK RETURNS, Noe. I. 1m . Delivered. Pr. Mock. INA Soots, W. iii - ZAN 31,04 14,3!1 Mauritius .. ....begs 718 13,206 114.82 9 83.363 Benda& Madam by 7,091 7.610 14808 106.578 Fonda ........ 4,304 13.257 1 34,84 MAI ;mass, W. 1.... 214 es 2,40 1,787 Ceylon ........bso On 3,875 101.10 96,577 Mocha ... ..... 881 147 8,718 11,5= SOO 7.041 8.303 rieTtle . ... SOI 1,132 WO 3953 2.471 ..•. .. CoC. , . He .. I Pr:Bfmk. 614 If I 14,461 1:1;1 COTTON.—LrYsaPooL t Nov. 8.-1 ICU comideribly itnprored—prisss Wive *tisane mend, too, was better, the mks being upwar *lush 1,000 were taken for exporh A feeling to-day hair id. The de. at AKA bake, et SHIPPING INTELLIGENCE-MAUI,. aaa. ICI. iSIR. OCR. SRI. DCX. aaa. MIL 6 Dublin I I llolland .... 0 1 India., South. 0 Eldne,,Nl7llll 1 Waterford 2 Donaghadee I u m ...kJ... 0) Llabea. Nov 15'0 ito.rton and 1 We4lo.Nor U 0 Hamburg.... ulo Mold/tartan ul pthiu.yr.is u Maul ..Dee. 24 • 17" - A . "".44 GRAVID:N:4D, . UV. rft : Prince w Albert Irene. Mm, Defile ; Caroline Alice, Margaret Ann, Hambro ; Cue. lierlanit, Eliza Blarney, Venne. Anne, Oporto; Revolution, Glenlyas. y o b. cppbee ; Wallace, Ariel, Why Not, Jams Cummings, Enterprise, Patine; St. Croix, Honduras; ilueen, Stan hope, Smyrna; Pilgrim Ceylon; Daring, Thomas ('lark, °Jews ; Leonard, Lninkirk ; Freden, Industry, Bilboa ; Sir Robert Peel, Harlingen ; Kate, Banguenay; Lady Katherine Wenham, Trinidad : Madonna, Malta; Adelina, Ilrilitant, Malaga ; Ellen, Altea ; Little Fred, Leghorn; Daniel Dyer, Alexandria; Arab, Jdauriutui • Lark. Liston ; Spy, Salonica ; Soho, Antwerp ; Culombliae, dam.- --Sailed: Prince Regent, Hobart Town ; Wave, Medrmblik. Medemblik. . . . . . . Lavaaroot, NOT. S.—Arrired : the Duke, Calcutta; litTeUlfell. Ellen, Bombay; Coromandel, Quebec; Constantinople, Mediae. ' Alexandria; Volunteer, Denia ; Poetboy, Smyrna ; ties/lower. Alicant ; Maid of Athens, Taganrog; Dre ammodo, Cephalonia ; Nauma, St. Palo; Joseph, Ghent; tide. Pater; rawer, Union, Ostend; Raw stoo, Leghorn; Jasper, Fatrella, Oporto; Firefly, Smyrna; W, Duke, Malaga; Latimer, Marseilles; Nxutilus, Derua—Olf. Jno. Moore. Prince of Orange, Bombay; Englaod, 11. Mary, Queben—Saikd• Horatio, Bon; om Queen of the West, New fork; J. Dunlop, Phila. delphia ; J. Campbell, Rio Janeiro; Patty, Rotterdam ; Seater., Bra zilian Pocket, Dordt; Bear, Palermo; t ameba, Groningen; Dies. 1111• Te.-1. Dunlop for Philadelphia, putting back with damage. (Advertisement.] -DL DE DANIEL, OP VAN DlE an a AND HOLUM...T . 6 Pius.—Eatniot of • letter from John Knight, Esq., dated launce•ton, March I, 1113 :—" Prokawor llolloway.—Dear 11e,—I am ...Modred by Dr. Ds Daniel, of this colony, to inform you that, having witnemed here, lo several In. =the extraordinary cffed of your pills, he, in conseguenee, to say that you may make um of his name ae attesting their eflicacy.—(Signed)—Joy l'.,our, Carr Villa (late proprietor of the "Launceston Advertiser"). mese pills act upon the foundation of the system, thus curing deep-rooted oomplainta, even when eerie other treatment has lailed.—Sold at Professor Holloway's Establiiihniesk, 344. Strand, London, and by all respectable vendors of medicine throughout the civilised world. BIRTHS. BARLOW.—Noe. 1, at ilapark.gate, Keogagtoo.gore, the erik et J. P. Barlow, !p , of a toter. BROOK E.—Nov 2, at Howard. Tipperary, the wife of EL Brooke, of a eon. CUMBERHATC/I.—dept, 2i. the wife e A. C. Cureberlateh, Esq., Coneul.(Jemeral at Couetaatioople, of a daughter. DAVIE:I.—Nov. a, at htratford-cyttage, the wife of B. P. Davies, Le., 3. at Stillman, the wife of Capt. Ilan* Staff Oscar of..r,gtrisa. I Agttt . 0 0 0•10 MU. We al To Woe you floG ter 1 bish few' the hem ems any eine exE tin Adr seem is on • WI Of done octet Half tram Nei, meal }rem take com visit late rive cuts whi con eon' gee the the the