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

lisment as guides for the one and as the power re quired for the other. Instead of a Bauk Charter Act we should like to see temperance, punctuality, scru pulous honesty, knowledge, judgment, held up as the sources of credit. But even a Bank Charter Act is more to our taste than the bullionist doctrines of which Mr. Doubleday is the historian, and which would substitute a bit of gold as the standard alike of our intelligence and of our wealth. upon demurrer, but to wait until the cause came to a hear ing. The prayer of the bill might be divided into two grand branches; one was the agreement and the performance of it, the ether was the relief which could be granted by way of injunction. The latter pert was not subordinate to the first purpose, but was itself independent and separate. It was asked that the agreement might be specifically per famed between the plaintiffs and the Birmingham and Ox ford Company; that the Birmingham and Oxford Com pany might be declared trustees for the Great Western Com pani,and that they were bound to complete the undertaking as such trustees, pursuant to the agreement of 1847. The prayer, in calling upon the court to direct a performance did not require it to direct such ministerial acts as should be necessary for the purpose of carrying the agreement into execution. The bill then prayed that the Birmingham and Oxford Company might both at the hearing and in the mean time be restrained by injunction from making or entering into any agreement for the sole use and occupation of the Birmingham and Oxford Railway with the London and North Western, or from dealing with the railway or disposing of its effects, except with the approbation of the plaintiffs; and also from passing or giving effect to any resolution to prevent the payment of • cad of M. per share made by the directors and still in great part unpaid, and from doing or omitting to do any act which may be in breach or evasion of the agreement of 18.46. Such a decree as this bill sought would merely have the effect of obtaining relief from the court in respect of its jurisdiction to carry the agreement into effect, and to preserve the relation of the parties during the time which must elapse before the question could be deter mined. To this a general demurrer had been put in, and it would be for the court to decide whether there was any portion of the relief sought which could be granted; if there were, then the demureer must fail. There were three distinct grounds upon which the plaintiffs relied; one was, that the agree ment for sale and transfer was binding and valid originally, and would be binding, and have 'effect given to it by the court. Secondly, that there was, independently of the general agreement, a minor agreement binding between the parties, to the effect that application should be made to par liament for an act, and that that of itself would entitle the plaintiff to receive at the hands of the:court all that species of relief which might be denominated conservative relief, by which it was intended to preserve the state of the parties, and to save the subject matter of the contract from being destroyed until that portion of the agreement relating to the application to parliament should either have been sue eessfid or should have been tried and found unsuccess ful. The third was the right and title growing out of the results and consequences of the contract.. By the agreement, it was provided that the Great Western Company should incur heavy liabilities; that they should I enter into contracts, and should be liable to the contractors in the capacity of sureties for the Birmingham and Oxford Company; and, after this had been effected, and the Great Western had pledged themselves to the liabilities of the Bir mingham and Oxford Company, the Birmingham a Kl Ox ford Company were fraudulently endeavouring to avoid the contract,and nitres the dutyof the court to interfere on behalf of the Great Western, and restrain any act being done to their prejudice so long as these liabilities remained undis charged. It was surprising that when this demurrer was re solved up-n by the learned gentlemen on the part of the de fendants, that it did not occur to their minds that it was of too extensive a character, and that it was inconsistent with common honesty and justice that the Groat Western Company should be deprived of the advantages of the agreement, and yet be left subject to all the consequences of those onerous liabilities resulting from it. Surely the court would interfere to prevent such conduct being pursued, and such obligations being borne by the plaintiffs. The learned counsel then went through various parts of the bill for the purpose of showing that the Great Western Company, in executing the agreement, had taken upon themselves the expenses of executing the works of the railway, as sureties fur the Bir mingham and Oxford Company. In pursuance of the object of the parties originally entering into this contract, calls were made upon the shareholders in the Birmingham and Oxford Company; but subsequently they refused to pay such calls, so that unless the agreement were enforced, the Great Western would be liable to pay all the contracts entered into, or the entire works would be put a atop I to, and in that case the company would be unable to finish their railway within the time specified and allowed by their act of parliament. It was also to I be observed, that the majority of the shareholders in the Birmingham and Oxford Railway, who were I now opposing the performance of this contract, and who I wished to repudiate the agreement, bad become shareholders I since November, 1846, and the ground upon which they re fused was, in fact, that they were desirous of entering into another contract with the London and North Western Com pany with the very same object as the agreement already subsisting. Under such circumstances it was the com monest proceeding of this court, pending an agreement entered into between two parties, to interfere and say that the subject shall remain in state quo until the validity of the agreement should be finally settled. With such important objects to be maintained, it was worse than useless for the defendants to set up a demurrer to the bill when it was evi dent that some part of the relief must necessarily be granted. The present bill was in the nature of a cross-bill to the pro ceedings adopted by the Birmingham and Oxford Company a short time since,jand those very persons had filed abill, pray ing for an injunction to restrain a certain number of the di rectors from completing the contract, or otherwise acting so as to effect any purpose mentioned in the agreement. In the previous bill the Great Western Company were not even made parties, they were designedly omitted upon those pro ceedings, and it therefore became absolutely necessary to file this bilol, in order that the real facts might appear. The plaintiffs bad, upon filing this bill, given notice of motion for an injunction, and the defendants had immediately put in a demurrer, which bad created the most serious results in rap* al the delay occasioned thereby. If the Great Waimea bad not been omitted in the first bill AY by the Birmingham and Oxford Company, Ass snit would, in fact, have been rendered useless. The 'attract contained this further stipulation, that an'appli alien should be made to parliament for an act to carry into effect the object of the parties, in ease they could not be per formed without the intervention of the legislature; that would constitute an independent contract. That portion of the contract was endeavoured to be prevented by the share holders of the Birmingham and Oxford Company 'peeling together and requiring the directors not to fulfil the stipula tions ; but it was evident that the bill having been intro duced Into parliament by the coneent of the majority of the shareholders, the object could not be defeated or invalidated by the resolutions of a subsequent meeting. Suppose an act should be requisite, it was the province of this court to direct its being obtained in pursuance of the agreement. It had been argued that the court could not compel persons to go to par liament to obtain an act ; but the bill had no such object in view; the object was to prevent the defendants from injuring the subject of the contract until the plaintiffs should have had en opportunity of obtaining the sanction o the legislature. The authorities cited by passel for the defendants were not applicable to this ease. When the object of the bill was to alter the character of the under taking, then no doubt the court would interfere to prevent it; but where the application was, es in the present case, to carry out the purposes of a contract, a court of equity would at any rate interfere, to prevent either party from opposing each an object, and for that purpose it need only decide that one party had the capacity to give and the other party to take the thing in question. It might also be as well to show the meming of the term amalgamation, which was so often used. This expression was made use of to denote that the Birming ham 7and Oxford Company was intended to flow into the great basin of the Great Western, to become en integral part of that concern, as one stream necessarily must when run ' fling into another. The Birmingham and Oxford, after haying been joined with the Great Western, was to be eon. sidereal to have fulfilled its destinies, and then to be entirely obliterated ; that was the meaning of the term. The court was now called upon to restrain the shareholders of the Birmingham and Oxford Company from preventing the con tract being carried out • and that they might be declared trustees for the Great Western Company ; this would effec tually establish all the rights consequent upon the agreement. If this were directed, it might not be necessary to have any application to parliament. When the contract was first entered into it was requisite on this account, that there was so power in the third railway —the Birmingham, Wolverhampton, and Dudley—to aril to the Great 'Western, but an act had since been passed iving the Great Western .power to purchase that railway, The Great Western undertook to give more for the Birming ham and Oxford than it was worth by itself, but this was to be made up by the amalgamation of the two railways—the Birmingham and Oxford and the Birmingbamiand Dudley"; the amalgamation spoken of was in fact a temporary blend ing of the two, in order to call into existence a joint direc tion, in which the Great Western was to participate. The question never depended upon the application first being made for amalgamation, as had been contended by the other side ; but that object was to be effected in conformity with the provisions of the contract. The legislature bad confirmed and validated the agreement by the act subse quently passed. The agreement was the legitimate offspring of the act of parliament, and was in every respect in conformity with it. The whole agreement was one trans action, and binding upon all parties. If the defendants could relieve themselves from the contract with the Great Western, still they would be bound by the con tract with the Birmingham and Dudley, and the link was incomplete without the entire trilateral contract being speci fically performed ,• surely, all these subjects were such as the court was justified in entertaining, and they were not to be met by the general demurrer that had been put in. The arguments on behalf of the defendants were not con cluded at the rising of the court. cue, the: L ak'us & alit the h - 1 UNIVERSITY AND CLERICAL. Nov. 10.—At a congregation held this day, the following degrees were confined.—M.A.: T. N. Rippingall, AL John's; J. L Wilson, AL Peter'.; J. Haskell. Clare. LL.B. : J. Watson. Trinity Hail; W. Fleetwood, Cotherine; F. Hopkinson, Magdalene, firtind thinpoandera. The graces all pawed the senate. EffcLr.glAsticAL JURBDICUUS.—On Monday. an let of parliament, passed in the last mission, It Viet. e. 98, was to take effect, entitled '• An Act to amend the laws to Eceleniaetient Jurisdiction in England." Its papaw is to revive the ...mend's' jurisdiction of the bishop or his officers in the several diocesan courts in England within those ports of the dioceses which have been added thereunto," except in the cases of wills and the administration of pemonal ACCOUntA are ordered by n clause to be kept of all teem rewired in the coasts, which are to be paid over to the treasurer of the governors of Queen Anne's Bounty, to be appropriated as parliament shall direct. The act with respect to the diocesan courts wm to commence on Nov. I, and to continue to Aut. I. 18411. NAVAL _ _ _ rowTsworrir, Nov. 10.—The Earl of Dalhousie and ante will embark tomorrow to the Pidon, which chip will mil the same day for Alexandria. After landing the Goverm.r-General, the Sidon will join the Mediterranean -squadron under Admiral Parker, The Belerophon will he ready for are about the end of thia month ; she is entering men a little more rapidly than heretofore. The Ter riole, eta-fir., after bowing her &feet. made good, will proceed to the Mediterranean to join Admiral Parker's aquadron ; she G to have her armament increased to 22 guns, making an addition of six P-inch The Belleisle, troop oh., is ordered to this port from Plymouth grans. The purpose of being refitted and this with rill despatch to re ceive Loops. The Belleide arrived this afternoon from Plymouth. WOOLWICH, Nov. 10.----Stromboli, at.-sloop, Commando . Fisher, wan paid off to-day, and will be taken in hand immediately to be prepared for reeOmmLeooo.—Poteapioe, war revonrais. aimed today by Lteut.-I.benmand. Roberts, late sr the Myrmidon. she is to hare a crew or 5.2 men, and is to be fitted for foreign eery ice. —Darer, M.-p., lately employed as a mall packet on the D,iver station, is to be fitted for anvilce in the River Gambia. Iter furnaces are to be slightly altered, so as to enable her to burn wood for fuel instead of CMOs; and her steam machinery is to be adapted to work a powerful saw. for the purpose of cutting timber to a aim reguiaite for use so banking. MILITARY. ----- Powramovrx, Nov. 10.—The 82nd Foot, from Halifax, arrived at Plymouth in 11.311.5. Belteisle on the 7th inst.—A detach ment (1 officer and 31 men) of the 42nd Foot is ordered from the Isle of Wight to Dublin, to embark in H.M.S. 3101 way, sea convict guard, for Derrouda.—The reverve Inttalion, 69th Here., will shortly arrive at Portsmouth, and be billeted, prior to embarkation.—The 2nd battilion, 10 Foot, from Edinburgh, and the 57th Mgt., from (.Tatham, are ordered to lreland.—The Barrett .. ., Jun., transport, sailed from Deptford on the 3th inst. foe Portsmouth, to embark a de. tachment of 42nd Highlanders Ice the West Indies. SPORTING. BE TI AT MANCIIESTEIL—TrawAy. CHEATER Cur (enter or not).-1000 to 12 agst Mathema tician (t), 1000 to 12 offered agst any other. MANCHESTER TRADES CUE (enter or not.)-1000 to 20 offered on the field, offers to take 15 to 1 about Scott's lot. 1)1311.111%—HO° to 100 offered on the field, 20 to 1 aget Springy Jack (offers to take;, 25 to 1 eget Loadatone (offers to take). tats intelligence. EQUITY COURTS. Before the Lord ammeter. VANDELEUR T. BLAOKOte. REDEMPTION OF AN. NVITY.—DouIILE AGENCY.—FRAIID OF AORNT.—The Lord Chancellor gave judgment in this case. which was an appeal from • decree of the Muter of the Roll., and was argued some time back. The facts were complicated, but were in substance, and u far as it is material to elate them here, as follows —ln November, 1827, Mrs. Blagrove, the defend ant, then residing near Bristol. granted to the plaintiff, Mr. Vandaeur, of the county of Limerick, in consideration of 2,5001., an annuity of 5001., payable during her life, but redeemable on aix months notice. There were various col lateral securities for the due payment of the annuity. The transaction was 'effected through the agency of • Mr. T. C. Yates, then a barrister, who was for some time before in the confidence of Mrs. Blegrove, who introduced him to Mr. Van deleur, whose confidence in him was so great that he allowed the annuity deed and other securities to remain in his tun. tody. Yates also received the annuity for some years regu arty every half year from Mrs. Blegrove, and paid it into Mr. Vandeleur'e bankers to his account. In 1830 Mrs. Bla grove authorised Yates to give Mr. Vandeleur notice of re purchase of the annuity, and he (Yates) proceeded to Li merick, and persuaded Mr. Vandeleur to execute a release on the back of the annuity deed, promising him that the money for the repurchase was ready and would be remitted to him on his (Yates's) return to England. Mr. Vandeleur did not write • receipt for the money. Yates after wards informed him that it was not convenient to Mrs. Blagrove to pay the repurchase money, and so he paid the annuity as before. But Mrs. Blagrove had in fact given Yates 11,0001. odd in 1830 for various purposes, among which was the payment of the purchase-money of the an nuity, which he told her son be bad repurchased, and he at the same time showed him' the release endorsed on the deed. That was all false ; and the annuity was paid regularly by Yates up to 1836, when he absconded, and died soon after ward' insolvent. Upon Mrs. Blagrove's refusal to pay the annuity in 1836, the plaintiff filed his bill to compel pay ment. The chief difficulty in the cause was, to decide whose agent Yates was in respect to the repurchase of the annuity ; for there was no doubt that Mrs. Blsgrove gave him the purchase money, and it was equally certain that Mr. Vandeleur did not receive it. The Master of the Rolls was of opinion that he was more the agent of Mrs. Blagrove, and that she must bear the lose. [His lordship's judgment is re ported very frilly in the sixth volume of Mr. Beevan's " Re- Ports.") — The Lord Chancellor, after stating and comment ing on the fads as proved in evidence, came to the same con clusion as the Master of the Rolls, and affirmed the decree. WRIGHTEION O. MACLRLUY.—WILL CONSTRUCTION. — LIMITATION 07 REAL ESTATE.—TIME OF FERTING.—CON. VERSION OF PERSONALTY INTO REALTY.—His LOrthalip also gave judgment in this case, which was an appeal from a decree of Vice-Chancellor Sir J. Wigram, on the construe lion of the will' of John Heber, dated 1775 ; and of his son and heir-at-law and executor, Reginald Heber, dated 1779. The circumstances and the questions that arose on them are too long for a report here, but they are given at great length in the reports, 4 Haze, 487, and also in 14 Meeson and Webby, upon • case sent for the opinion of the Court of Exchequer.—The Lord Chancellor, after a full review of the facts affirmed the decree, with the exception of one point in which he made an alteration ; but as that did not affect the interests of the appellants they should pay the costs. FORDYCE O. BRUN:M.—DECREE IN AIifiENCE OP A PARTY lIMRISTIID.—APPOINTMENT AND Powza OP Tantalite.— This woo an appeal from a decree of the Master of the Rolls, which his loedshllordship reversed • decree made by Sir John Leech, M.R. in 1833, and consequential orders. The bill in the present mit was filed is 1844 by Alexander Dingwall Fordyce to set aside the decree of 1833, which directed a large sum, part of the residuary personal estate of a testator named John Dingwall, to be invested in the purchase of lands in England, although the testator left it to the discre tion of his trustees to vest it in the purchase of lands in England or Scotland. The testator had considerable landed property in Scotland, and some in Eng land, where he had • large personal estate. In 1807 he executed deeds in the Scotch form, and made a will by which he entailed his estates in Scotland on different members of his family, in the Scotch form of heirs institute and substitute, and settled his English estates in strict set tlement, giving his personal estate to trustees, with a discre tionary power to invest it in the perch* e of Scotch or Eng lish lands, to be entailed or settled as he had entailed his Scotch and settled his English estates under the said deed and will. The residuary personal estate amounted to about 280,0001., and of this sum the trustees laid out 173,4431. in the purchase of Scotch estates, and 1,5201. in English estates, and these were duly settled. There remained a large sum with accumulations uninvested, until the death of the ori ginal trustees. The heirs institute having failed at that time, • bill was filed by J. Dingwall, the substitute heir, who thereupon cameuinto poseewen under the Scotch entail, and who was tenant in tail under the will, praying the ap pointment of new trustees, and that the residue of the per sonally might be invested in the purchase of English lands. Sir John leach made a decree in compliance with the prayer of the bill, disentailing deeds being afterwards exe cuted. The money was taken out of court by J. Dingwall and bequeathed by his will to Sir Henry Bridges, who was his father-in-law. J. Dingwall had no issue. The present bill was filed by the next substitute heir in possession under the Scotch deed, praying a declaration that the de cree of Sir J. Leach was irregular, as this plaintiff was not a party to that cause, and asking that Sir Henry Bridges be ordered to pay back the money transferred to biro, in order that it might be invested according to the intentions of the testator. The Muter of the Rolls being of opinion that the heirs of the Scotch estates had not been duly represented in the former snit, that the proceedings had therefore been irregular, and that the money paid out to John Dingwall ought to be replaced by Sir Henry Bridges out of the assets (nearly 100,000/.), of Ding. wall, which came to his possession as his executor and devisee, made a decree to that effect. The present appeal was against that decree, and has been argued for the greater part of three days, beginning last Monday; by Mr. Bethell, Xr. Rolt, and Mr. J. Anderson, in support of the decree of the present Mader of the Rolls; and by Mr. J. Russell, Mr. Roupell, Mr. J. Parker, and Mr. Sidebottom, in support of the decree of Sir J. Leach, and of the appeal against the last decree. Mr. Stuart and Mr. Purvis appeared for other parties, but were not heard.—Judgment postponed. Before Vloe-Cbancenor Knight Bruce. Ex PARTE BELL, RE TX:METALL AND CAsII.—RE PUTRO OWNEESHIP.—This WU • bankruptcy petition, pre sented by the public officer of the National Provincial Bank of England, and claiming a lien on a certain quantity of oil, part of the bankrupts' estate. The bankrupts, who were al merchants at Bristol being already considerabl y indebted to the banking company, obtained from them on the 2nd of June, a further advance of 7371. 10s., on giving to the agent of the banking company at Bristol, an order to a Mr. Johnson, upon the 20 tuns of oil as a security. The oil was not then in the podevion of Mr. Johnson, but was on its way to him. On the sth of June the bankrupts applied for still further accommodation, and received from the bank ing company two drafts on London, amounting together to Before the Vice-Chanordor of 8161. 16•., but only upon the terms of their giving another TEL GREAT WESTERN R•ILWAY E =ANY O. THE order upon the oil, directed to the keeper of the WEITIXOUESS BIRMINGHAM AND OXFORD RAILWAY COMPAN T.—BILL of the Birmingham and Bristol Railway, where the oil had 101 SPECIFIC PERFORMANCE or •N A NT. —Da- then arrived. This order was given by the bankrupt Bethell opened the case in support of the Tnnstall, who, being a quaker, dated it the 4th of the 7th ball, and said he believed a very few statements would serve month instead of the 6th month. On the mistake being dis t° maks it clear that the plaintiffs were right in filing covered on Saturday evening, the order was brought back this bill, and that all the arguments which had to him to be altered, when he wrote another correctly been used In support of the demurrer would melt away dated, but said, at the same time, that it would when the bets were properly understood. He thought that not be required, as the oil would be delivered to if the counsel on the opposite side had well considered the Mr. Johnson early on Monday morning, on the account they would have seen that these questions were of too of the bank. On the Monday morning, the director of the s a nature to be disposed of upon demurrer ; it was branch bank at Bristol received a letter from the bankrupts habit of the court to decide such important points saying that they had examined the oil, and found its condi- Before the Monter of the Rollo. LIMES 12. Ktno.—This cause ' which was heard upon exeeptions to the Master's report, respecting the priority of certain membrane's, before the long vacation, and were then reported in this journal, came on now to be heard, for farther directions and costa. The material questions were disposed of on the hearing of the exceptions, and the directions now given were in conformity with the decision of the court on the exceptions. Lion so bad, that it would he unsafe to move it. This being considered unsatisfactory, the company's agent caused the order to be presented to the warehouse-keeper of the railway at 3 o'clock in the afternoon of Monday, and was informed that, early on that morning, 16 tuns of the oil had been de livered out by the order of the bankrupts. The remaining four tuns were also afterwards delivered out under the same order, and it appeared that it was mixed with other oil of the bankrupts.—Mr. Bacon and Mr. Humphreys appeared in support of the petition.—Mr. Russell and Mr. Osborne, who appeared for the assignees, said they had no intention of defending the conduct of the bankrupts in the transaction, , but that, as the petitioners never had possession of the oil, they could not claim a lien. A mere order would not give • title until notice was given to the party in possession, and that notice was here wanting.—The 1 ice-Chancellor said he was sorry that there should be occasion to decide such a question; upon which, however, the assignees could not be blamed for taking the opinion of the court. His Honour was satisfied that there was a valid and available contract of lien before the bankruptcy, and the only question wu, whether the reputed ownership clause of the Bankrupt Act applied. If, however, the oil was in the order and disposition of the bankrupts at the time of the bankruptcy, it was not so with the consent of the banking company, and his Honour therefore thought the 72nd section did not apply, and that the petitioners were entitled to the usual order in the case of an equitable mortgage, as regarded the 20 tuna of oil. Before Vice-Cbsseeilor Wifirsm. SIMMONS b. SIMMONN—His Honour delivered judgment in this cause, the particulars of which were reported in thin journal on Monday last. The principal question strutted was, whether a husband could chum, jure mariti, property belonging to the wife prior to the marriage, but omitted in the marriage settlement upon the faith of a promise by the husband that the omission should make no difference, and that the property should be enjoyed in the same way as if it had been included in the settlement. The furniture and chattels about which the question erase had been let to a tenant, together with the house in Wilton place, at au entire rent. The demise had taken place be fore the marriage, and the tenant had ever since been In possession, under a tenancy the nature of which did not clearly appear.—His Honour, after going through the fists of the case, as stated in our former report, said that, at the conclusion of the argumnt, he had ale. n his opinion to the effect that the plaintiff had failed to establish a ease for the interference of the court, by injunction, to protect the chattels in question, or fur a decree for bygone rents in respect thereof. The question which remained was, whether the plaintiff had a right to have the future accruing rent apportioned. The furniture and natures claimed were clearly not comprised in the settlement, and the plaintiff would be entitled to them, unless the circumstances mentioned by the defendant gave her an equity to prevent the assertion of his right. itithe face of these circumstances the least that could be required of the plaintiff was, to prove strictly his right to proceed in this court. There was nothing, however, in the evidence to show that the remedy might not be at law. For, although the demise to Mr. Grieve was stated to have been made with the concurrence of the plaintiff, yet, for anything that appeared on the evidence, that tenancy might have been determined, and a new one adverse to the plaintiff's title hive commenced. As there had been no proof that such was not the case, the plaintiff's remedy might still be at law. His Honour then dismissed the bill with costs, but without prejudice to any question the plaintiff might raise in any suFsequent suit or proceeding. GREEN V. BRIOOII.—LIEN OP SHIP'S HUSBAND ON FREIOII2 FOR REPAIRS.—The plaintiff was ship's husband of the ship Thames, of which and of the freight earned by her ho was entitled to one-eighth share. The defend. ants, Messrs. Briggs, Thurburn, and Co. were the mortgagees of the remaining seven-eighths of the ship and freight ; and the question was, whether the defendants were entitled, as mortgagees, to the whole seven-eighths of the freight, or whether the plaintiff had a right, as ship's husband, to deduct therefrom seven-eighths of the expense which had been incurred by him for repairs of the ship pre viously to her voyage.—At the conclusion of an argument of three days' duration his Honour reserved his judgment. COURT OF QUEENS BENCH. THIS QUEEN v. PHILLIPS AND ANOTHER: MAY A POOR HATS BE ISIPOSED IN ILEsPECT OP THE BIRMINGHAM NEWS- Room ?—A writ of mandamus had issued, commanding the defendants, two magistrates of Birmingham, to issue a dis tress warrant for levying a sum due for a poor rate imposed in respect of a building, known as the Birmingham News room. A return was made to the writ ;it was traversed and otherwise pleaded to ; a trial was had, and a verdict found for the crown. On motion for a new trial, or arrest of judg ment, it was agreed that the questions in dispute should be submitted to the court in the form of a special cue. That course was adopted, and a case drawn up which set forth that the Birmingham News-room is the property of certain persons, and is supported by the contributions of subscribers, who pay a subscription of two guineas annually. The management of the rooms is vested in a committee of 15 of the proprietors, who are also subscribers. The daily papers and periodicals are taken in, and none but subscribers are entitled to use the rooms. There is a library of books of reference, containing about 300 volumes, and two Testaments are kept for the use of members who may have to administer oaths there. The rules are signed by each member, in token of his consent to be bound by them, and they contain provi sions for the payment of the subscription, and for a certain notice of the intention to cease being a subscriber. Money is also taken for hanging up advertisements and notices in the reading-room, and applied at the discretion of the committee. The building had been certified by the barrister appointed under the 6th and 7th Vic., c. 36, to he one exempt from rateability under the first section of that act, which provides, that no person or persons shall be awned or rated to any parochial or other rates in respect of env land, buildings or houses, or parts of lands, buildings or houses, belonging to any society instituted for purposes of science, literature, or the fine arts exclusively, either as tenant or u owner, and occupied by it for the transaction of its business and for carrying into effect its purposes, provided that such society shall be supported wholly or in part by annual volun tary contributions, and shall not, and by its laws may not, make any dividend, gift, division, or bonus in money, unto or between any of its members, and provided else that such society shall obtain the certificate of the barrister-at-law or lord advocate as thereinafter mentioned. The question for the opinion of the court was in substance whether the proprietors were exempt from rateability in respect of the building, because of its being within the meaning of this section.—Mr. Miller, with whom was Mr. Whitehurst, Q.C., for the crown, con tended that the subscribers to the Birmingham News-room did not form a society instituted for the purposes of litera ture, science, or the fine arts, exclusively; that this society was not supported by annual voluntary subscriptions ; that it did give a bonus among its subscribers by applying to their use the profits derived from patting up advertisements; that its laws did not prohibit the making a dividend ; end that the certificate of the barrister was not conclusive.—Mr. Mellor, with whom was Mr. Hill, Q.C., for the defendants, contended that the certificate of the revising barrister was final, ea to the fact of the institution being within the first section of the statute ; and that if the certificate was not final there should have been an appeal to the sessions against it, under the 6th section of the statute.—The court took time to consider the judgment THE EXPRESS, THURSDAY EVENING, NOVEMBER 11, 1847. BAIL COURT. THE QUEEN O. THE TOWN COUNCIL OF TER BOROUGH OF SONDERLAND.-CBRTIORARI TO BRING UP ORDERS POE PATBINT OP MONEY OUT OP THE BOROUGH FUND.-Sir F. Kelly moved fora rule to show cause why a certiorari should not issue to bring up certain orders for the payment of money made by the town council of the borough of Sun derland, and that such of them as the court thought fit might be quashed. The application was made under statute 7 Will. 4 and 1 Vie., c. 78, by which the court was em powered to bring up orders for payments out of the borough fund by certiorari, and to quash them if they appeared to be illegal. In the borough of Sunderland, the watching, light ing, and Imp • ,is vested in certain commissioners, under various acts of par • ent, from the reign of Geo. 11. down to the present time. In the year 1846 the corporation desired to take the management of the lighting and watching, &c., and of the funds applicable to those purposes, out of the hands of the commissioners, and to transfer them to their own. For this purpose they brought in a bill in the present year to re peal all the former acts, and to transfer the powers, duties, and funds connected with these functions into their own hands. They resolved at various meetings of the corporation on the creation of a body of persons called the Local Trusts Committee, and entrusted them with the conduct of the bill in parliament. The bill pared through several stages, but was thrown out, and though an attempt was made to have it recommitted it was unsuccemful, and the bill wholly failed. The expenses connected with this bill were upwards of 1,0001., and by several orders of the corporation 1,5001. was paid out of the borough fund into the hands of the Local Trusts Committee, and ap plied to that purpose. Now all these orders were clearly bad. By the Municipal Corporation Act, 5 & 6W. IV., c. 76, s. 02, the borough fund, when it comes out of the pro- duce of any property, is made applicable to certain purposes connected with the expenses of the borough, which are specified, and after those expenses are defrayed, any surplus which may remain is to be applied, under the direction of the council, for the benefit and improvement of the borough. Inthe present case there was no such surplus, for the borough fund was raised by rates, and was not derived from property, and the money so raised must be applied strictly to the purposes specified by the act of parlia ment. Another objection is the application of the money was, that even supposing the obtaining the act of parliament was to be considered as an improvement of the borough, and if there was any surplus from the bo rough fund, still the money must be applied under the di rection of the corporation ; but in the present instance they had created a new body and vested the money in them, to apply it to the purpose in question.—Rule granted. COURT OF EXCHEQUER. Sittings in Banco. CUTRILL AND OTitalin e. KINGDoM.—BITILDINO SO. C1117135.—Mr. Browne moved for a rule to show cause why the verdict which passed for the plaintiffs, before Mr. Jug. tics Coltman, at the last maize' of Croydon, should not be set aside and a new trial had, on the ground of misdirection. The action was brought by the trustees of the Metropolitan Building Association, to recover from the defendant, a builder, the sum of 3201. 16s. 3d., upon a covenant in a mortgage deed for the payment of such fines, premiums, and other monin, as should accrue due upon 29 shares of 1501. each, held by him in that society. To mortgagor the advantages pre sented were these: In the event of the money being re quired by the lender, it might be discharged by a loan from the society, and so long as the member continued to pay his monthly subscriptions he could not be again called on to pay off his mortgage, by which means he avoided the expense of frequent transfers and was enabled to repay his loan by small monthly payment*, instead of being compelled to pay it off at once. It was contended that the plaintiffs could not recover—filet, on the ground that the society was ran dered illegrl by contemplating objects unauthorised by the provisiess of the Building Societies Act (6 and 7 Wm. 4, e. 32); secondly, that they had not complied with the third rule of the society which required that no legal proceedings of any description should he instituted until the approbation of a majority of the members present at a epeciel meeting of the society should have been first obtained ; and thirdly, that the question involved in the action was " a dispute" within the meaning of the 28th rule, which directed that the deci• sion of the committee, for the time being, should be first had, and that it should be conclusive if utiafaetory, but, if not, that reference should be made to arbitration pursuant to the Friendly Societies Act (10 Geo. 4, c. 56), and that such decision should be final. The misdirection complained of was, the overruling of these objections by the learned judge. In support of the motion, it was submitted that in the pro speetus annexed to the rules, the society contemplated the lending of money on the trawler of mortgages, which con stituted it a loan society, and was an object not authorised by the act ter the regulation of benefit building societies. That statute was passed for the purpose of enabling the industri ous classes to form themselves into societies for the purchase or erection of dwelling-houses. It also provided for raising, in shares of 1501. each, by subscriptions not exceeding 20s. per mouth, a fund, out of which each member might receive the amount of his share or shares therein, to erect houses or purchase estates, real or leasehold, to be secured by way of mortgage to the society, until the amount of the share or shares should be rally repaid, together with interest and all other payments incurred in respect thereof. The purpose of the legislature was manifestly to aid the industrious classes, whereas (it was contended) it appeared, tlxia society had be come a loan society. There was nothing to prevent them also from charging enormous usurious interest. From what trans pired at the trial it appeared so high au interest as seventeen or eighteen per cent. was chased upon loans made by the association, and their rules authorised it —Mr. Baron Parke You cannot call that usury ; the transactions were be tween the subscribing members, who are partners. —Mr. Baron Alderson raid he perceived by the thirty first rule that the majority of the members present at any meeting specially convened for that purpose, by giving seven days' notice to each member, had full power to declare the association at an end ; that all the accounts should thereupon be finally closed, and that the resolution should be effectual at law and equity as a release from all the members. That was arming some of the members with a frightful power.—Mr. Baron Parke asked whether those rules had been certified by Mr. Tidd Pratt I—Mr. Joyce, who appeared for the plaiutiffs at the trial, intimated that Mr. Pratt had certified them. The court were of opinion that there were no grounds laid for disturbing the verdict As to the first objection, with , reference to the legality of the society. From the use of the word " shares" in the statute, it seemed there was no prohibition to any individual holding more than one there. However se that objection had not been taken at the trial, the court (lid not now feel called upon to pro- 1 nounce any opinion. With regard to the second point, it appear( the consent of a " special general meeting" had ' been obtained before the action was brought; and although the rule stated it should be a " rpeeial meeting," the court ' could not distinguish one from the other. The notice con vening the meeting and their consent was sufficient. Then, with respect to the last point, it was quite clear that the rule requiring disputes to be submitted to arbitration, did not render it imperative to refer such mutters as were involved in that action. The court were therefore of opinion that there should be no rule. Rule refused accordingly. This was the last ease in the new trial paper. BADDELEY V. GINOELL.—LOCAL RATes.—This was a special case framed to obtain the opinion of this court on the question whether a certain part of the defendant's pro perty situate in Essex-yard, Ifigh•street, Whiterhapel, was liable to rates under the 57th Geo. 111., e. 29 (the general paving act), and also under a local act for lighting and im proving that locality. Sir F. 'fhesiger, Q.C., argued the ease for the plaintiff, and contended that the property in question was liable for rates.—Mr. But, Q.C., was beard for the defendant —The court decided that the property in question was liable to rates, and that the plaintiff was there fore entitled to judgment. CONSISTORY COURT. Ek•fore Dr. Lushington. TYLEE v. TYLEE.—This was a euit promoted by the hus band against the wife for a divorce by reason of her adultery. There being no opposition on the part of Mrs. Tylee, the details were not entered MM.—The learned judgeconsidered that the adultery was distinctly proved, and therefore signed the sentence. COURT OP BANKRUPTCY. Before Mr. Commhstoner Hotroyd. IN RE BOYD AND HAREEN.--COMEENDATION OF TEE COURT.—These bankrupu carried on the business of silk manufacturers in Spitalsquare, and this was a meeting for the audit of accounts and certificate of the separate estate of Boyd.—Mr. Groom (the official assignee) and the trade assignees expressed their satisfaction with the conduct of Mr. Boyd, the present applicant —His Honour said that the meets appeared to be very well realised, and that there would be a very good dividend, and he had to commend the good conduct ofthe bankrupt for the assiatance he had given in getting the assets in.—The debts in this case amount to about 20,0001., and the meets are about 12,0001. or 14,0001., out of which suns 9,0001. bas been realised.—No opposition was offered, and the certificate was granted forthwith. Before Mr . Commiskoner Fonblasque. IN RE WILLIAM KNIONT.—THE WINE TRADE.—This bankrupt, who was a wine merchant, carrying on business at Reading, now applied for his certificate.—Mr. Ogbourne handed in the balance-sheet, commencing in February, 1846, and ending in April, 1847, which showed the debts to be 2,8691. Bs. 6d. ' • liabilities, 2,2491. OA. 10d. ; to meet which there were good debts, 181.165. 4d., and property 2861.55. Od.l profits, 201. 3a. 4d. ; while the expenses were 6721. 18s. 7d., and losses 2,0931. 13s. 2d. At the time of the commence ment of the balance-sheet the bankrupt was out of trade, but, being possessed of abaut 3,0001., he assisted his brother in a brewery at Reading, and now traced his failure YO having become guarantee far that brother to the extent of 2,0001. The brother has become bankrupt. Tke ground' of apposition were, that the property mortgaged by the bankrupt did not realise cost price, a preference to the per sons holding the guarantee, and that the books were very irregularly kept—The bankrupt said, in explanation, that when he took the brewery he was possessed of 3,000!., and did not owe 1,0001. to the bankers.—The solicitor opposing said that there was no account filed between the bankrupt and his brother, who had put forward his balance-sheet —The official assignee said that both of the brothers' accounts agreed.—Mr. Commissioner Foublanque said the certificate could not be immediately granted. There was a discrepancy between the expense* ,ad the profits, and there mast' be it detailed account. Suspended for three months, with protec tion. sere Mr. IN RE HIINNY - liiNTP;7 I THE AB;;;ONON BA.NX.—This wee a meeting for the choice of assignees in the matter of this bankrupt, who was a banker at Abingdon.—The debts proved in the course of the day were to the extent of between 17,0001. and 20,0001., and the amignees chosen were —W. R. Howell Barker, surgeon, of Viantage ; J. B. Barrett, Esq., of Milton; and Isaac Roby, farmer, of Har well —lt an uncontested choice. MIDDLESEX SESSIONS. Before Mr. Serjeant Adam.. THE NOVEMBER GENERAL emssiom commenced yesterday at Hicks'. Hall. The calendar contained the names of 101 prisoners for trial, of which number 84 were charged with felony. The state of instruction in reading and writing was as follows : 19 could read only, &3 could reed and write imperfectly, and the remainder were totally igno rant of both, Not one could read or write well. A CUNNING THlEF.—Charks Morris, 19, was indicted for, and convicted upon his own confession of, stealing a number of articles, value 151. 125., described as the property of the Duke of Bedford, Lord Bateman, J. Lewis Ricardo, and J. W. Ogle. It appeared that the prisoner used to prowl about Belgrave and Eaton squares, and get into con versation with persons sent to deliver goods at the residences there. He informed himself of what sort of goods were about to be left, and by whom they bad been sent, and soon after they had been delivered he would go to the house, and, under the representation that the goods had been left by mistake, get them into his possession. There were miti gating circumstances in the case, and the prisoner had hitherto borne a very good character—The court sentenced him to six months' hard labour upon each indictment, each punishment to commence and terminate at the same time. POLICE.-v - ESTERDAT. WORSHIP.STREET.—Tits Poncoristo Cass iv HACK NEY.— W. N. aged 12, waa charged with having stolen • gold watch and appeneLtgee, a gold eyeglass, and other articles of jewellery, of the value of 70 guineas, the property of his grandmother, Mrs. Sarah Heinle, the widow of the late Mr. Nelms, of Grovegolace, Hackney, respecting whose mysterious death by poison a protracted investigation is still proceeding before Mr. Baker, the coroner, and at which the name of the prisoner has been more than once un favourably Introduced,--Inspector Waller said he received a message from Mrs. Allnutt, the prisoner's mother, and daughter of the deceased, requesting his attendance. On reaching the house the prisoner told him that he had taken the watch and other articles from one of the drawers in his grandmother's bedroom, and that he had afterwards thrown them from the parapet of an upper room into the gutter of the adjoining house, where they had ever since remained. He went with the boy to the front attic of the house in ques tion, and in a recess pointed out by the prisoner the whole of the articles were found. The prisoner said that he had been tempted to commit the act, and expected that it would never be found out. Neither the widow of the deceased nor the prisoner's mother were in attendance, as they had not sufficiently recovered from the effects of the poison they had taken to allow of their appearance. The prisoner wes re manded, and it was stated that his friends wished him to be kept in custody. MARYLEBONE.—ROBBERY BY A 8 / 1 0PWOMAN.— Ann Simons Mr. Hicknson a merchant in the City, occu pying chambers at 18, Lineoln's-inn-fields, and Benjamin Simons, the father of the first-named prisoner, were re-ex amined, the female charged with robbing her employer, and the other two as being receivers of the stolen property. Ann Simons bad been in the employ of the prosecutors Merin. Marshall and Stinton, Vere-street, Oxford-street, thine years, and the greatest confidence was placed in het. Suspicion latel y arose, and the boxes of the female prisoner were searched, and in them was found a great deal of valuable pio petty, consisting of silks, satins, &e., and a card having the address of Mr. Hickman was found in tine of them. His (Mr. Hickman's) chambers were searched, and a consider able amount of property found, which belonged to the prosecutors. At Oumley, in Leicestershire, on the pre mises of the elder Simons, who keeps a small publiothouse, were found boxes containing a great deal of property, proved to have belonged to the prosecutors. Yesterday it was shown that Elizabeth, the sister of Ann Simons, had pawned some shawls and other articles, which were produced. Two of the shawls were valued by Mr. Marshall at 121 guineas each.—Mr. Ballantine contended that Mr. Hirkins,n, his client, could not be looked upon as having a guilty knowledge of the property alleged to be stolen from Messrs. Marshall and Co. bring in his poesestion ; and, in proof of his inno cence, he (the learned counsel) imperiled upon the 'aegis trate the fact that, immediately upon his client haring learnt that Ann Simone woo in custody for robbing heremployetv,he had aff,wded every facility to the police.—The prisoners were remanded till Tuesday next. MONEY MARKET. WEDNESDAY ETIMING. The funds have gone through their usual daily course of fluctuations, within a circle of 3 per cent. Consols have been done at 843 for both money and time, and have been down to 83. They left off at the regular hour 84 for money, and 811 to 3 for time. Subsequently, upon the report that a quarter ' of a million of gold had been received at the Bank of England late in the day, Consols advanced to, and were quoted at, 843 to 1 for account. Money was extremely easy in the horse at 3 per cent. for short periods, and evidence of the same purport may be found in the fact that Consols command nearly the same price for money as for account, and at one time to-day the money rate was actually 3 dearer than for account. Reduced Threes 823 to 33. Three-and a-Quarter per Cents 841 to 3. Exchequer Bills, for the first time for months, were done at par to-day, but are quoted 4a. discount to par. India Bonds 15s. to Bs. discount. Long Annuities, 8 7-16 to 1 Bank Stock, 1851 to 7 1 . In foreign stocks there were as few dealings as usual. The market, indeed, would seem to be almost deserted. Brazilian were variously done at 75 and 77 for the New Bonds, quoted for the Old Bonds at 75 to 8. Chilian, 85 to 7, and done at 86. Russian done at 105, called 104 to 0. Spanish Fives, 153 to 161 ; the Threes, 26! to 73. Portuguese, 20 to 2. Dutch Two-and-a-Half per Cents., 53 to 4 ; the Fours, 811 to 21. Mexican, 151 to 3 . Danish, 80 to 1. From Huddersfield the failure of Mr. W. H. Kaye, a respectable cloth merchant, comes confirmed. The first meeting of creditors is appointed for Saturday next. From Amsterdam we have the report of the stop page of Messrs. Breebaard and Co., merchants, whose losses by sugars alone are stated at 700,000 guilders. A large firm of sugar refiners in that city had also been in difficulties, but were relieved by an advance of 600,000 guilders from the Bank of Amsterdam or the government, for the accounts are not clear, on the private property of one of the partners. Reports have not been wanting about commercial embarrassments in the City, and one small house in the East India trade, not necessary to name as being of very secondary consideration, is understood to have stopped payment. It may be observed, however, that the trade of rumours for speculative purposes ap pears to be dying out, because they are no longer found to serve the purpose of producing an effect on the funds. But for other more important auxiliary incidents, indeed, such events could never have exer cised any material influence on the course of stock values, but as the last feather is said to break the camel's back, so a large mercantile failure, having no natural connexion with the funds at all, coming on the heels of heavy sales of stock, and of known pres sure with restrictive action at the Bank, was often supposed really to have been the cause of depression and panic prices, which were attributable to other more weighty causes, and would equally have oc curred without the advent of such failures at all. As a specimen of extraordinary currency schemes afloat, we annex the newest project come up from Leeds. The idea of a silver standard is not new in deed, nor is there any absurdity about it, although it is not at all comparable with Air. Haggard's sugges tion of a mixed standard controlled by an agio of the most simple and intelligible nature. The concoctor of this scheme contemplates, it will be seen, the extra ordinary anomaly of two state banks. Whilst esta blishing a new state bank with a very insignificant capital, which moreover shall only pay (if that were possible, as it is meant) " ten " of its notes in metallic worth at ono time, he would leave the Bank of Eng land in possession of all its privileges, with a capital ten-fold that of the new state bank to be created. Whilst all the world is occupied with projects for the re-arrangement of currency or circulation upon various and arbitrary bases it is singular that the one simple but most effective rectification of past errors, and for the restoration of the natural order of things, is left quite out of Eight ; and simply because it is the ready solution of common sense, which bids us let circulation and banking alone. Left to themselves they will right themselves in all times and seasons. As paper values mast . repose on credit, and can re present nothing else, it 15 evident that, occasional mis haps apart, which must and do occur equally in a system of purely metallic representative signs, the tendency of credit is always to reconstruct itself, be cause it rests upon productive industry, and accumu lating capital, the course of which may be deranged and temporarily stopped, but must always be up springing after depression. In looking so far abroad for a solution of currency questions, and neglecting the more ready and homely explanation, we are reminded of the titled traveller, who, on expressing hie raptures with the scenery of the Lake of Como, was reminded that he had much finer scenery on his own domain in 1 Scotland, and like a man of sense and feeling harried back to view it for the first time. Let the currency theorists de likewise, and leave credit, like corn, to make its own way. THE ROYAL BANK or ENOLAND.-1. To establish a government bank to be called the " Royal Bask of England," upon a silver standard currency. 2. The Lords of the Treasury, the Right Honourable the Chancellor of the Exchequer, and the Muter of the Mint to appoint and approve of all managers, clerks, &e. 3. The Treasury to transfer over to the order of the Master of the Mint and the Chancellor of the Exchequer 1,250,0001., in silver coin and bullion, 250,0001. of which is to be paid over to the use of the bank, u the work ing fund of the bank. The 1,000,000!. remaining is to be paid over to the beak of buts, who are in return to give in ex change 3,000,0001. of one pound notes ; and so in proportion to a greater or les amount of bullion deposited. 4. The ma nagers of this bank are to discount all approved bankers , bills, or bills bearing the indorsement a a banker, at a fixed rate of 5 per cent. per annum. 5. The parties who are the holden of these notes shall only be able to demand silver bullion in exchange to the extent of ten of these notes at oue time. 6. These notes shall be taken and paid at all the government offices, customs , excise, stamps, taxes, &c., and then be returned to the bank for silver bullion, &c. 7. The bank shall have the power to re-discount the bills held by them for the purpose of pur chasing silver bullion, so that the usefulness of the bank may be extended by having . further deposits of bullion at the bank of issue, and receiving In return an equivalent of notes in such prop ortion as three notes to one pound of silver value. 8. The present Bank of England to have all its present advantages in issuing all notes of Si. value and upwards. 9. The whole profit is for the benefit of the country. The object of this bank is to give the mercantile interest a cheek upon the present usurious charges made by the capitalists, and which charges will in the end destroy an immense number of the smaller merchants, shopkeepers, &e. This bank would give a small note circulation only when' , money was worth 5 per cent. and upwards, with the excep lino that when nos admitted into the circulation a sufficient number would be held by the public, the interest of which would amply y all. expenses. The present bill, com monly called Sir Peel's Bill, makes no provision for the increased energies of an increasing population, whilst this bill will provide a remedy for the same ; also it will pro vide a vacuum for the export of gold in exchange for raw materials, imports of grain, or any other merchandise. One important advantage is, that the notes would be withdrawn almost to the full extent when bills are discounted by other honkers at • rate under 5 per cent.—ROMinr BCDOION.— —Leeds, Nev. 5, 1847. 'mum FUNDS. Irk !tact, 1354 74 ledia Bond, under LIAO, 15 di, 3ow Ct. sat A.m. m k s 1 B ..tbt r ilrrgAnri i l74 ; iir.r. i __zi I.=.lk i ; rues Bill, .4,000, 31. 0 3 7 inD.LII,6, , 746 dl.. par 4 db. Le n 17 Ditto L5OO, 6 7 db. 2 pm. 2 ill, Ditto, nen, up. Jan. 6,1660,84 I Ditto Small, 1 per 7 pm. FOREIGN FUN De. 5 iwr Cwt. Brazilian New Bond, ' sPtr Ct. n.... 13 n Db. issa L 4Bt 1 0 5 18 and 3P. 73 7 't. iniii bb Barb. r. from 6 per Cont. Mimi Boyd, 56 6 r :v t ..18r, a ,„ 3 par Ct. Deniall Bond, Ink NH 1 per et VeztetWAA M.. 321 3iii It 5 per Ct. ezkan, 1346, lid liar Out. Dutch EuniMP. 4 per Ct. Pantomime lids. Ant., 24 Chia, gila EXCHANGES AND STOCKS ABROAD. Pall% Nov. 11. 3 6par Ow*. Do. 4 De. I Ow , Ii w , w , • I I. Eashinri ma London ItkW. 13 724. Nona. Bolen 4, MN_ ..... I 66 11 Naples Rada. j te l l f irE Do. 6. 1.841 „ 11 Homan Loan ....... 97i Do. 3 De. 46, ~..,. ii 6 i 14 ale u rgare. . : 3,71 /Lima, 50v..6.-7111111 pm dale., 144 1 itt 30 ~..., boom, NI 4 ; /In yr Off. 1114 mow, 16 tub ; 60.4 It =A t .s. u moms ; Drat of St. Ferdinand, 111; Bank ue et. as London. 4476400. A wwiIESAIW, CS.—DelilliTinneeirHall per Ointn. 63 UM bal.; Ditto, Timm 41114 41 Mb ; Ditto. ?carper Oantn, IN 6.14 bill. i Amin 1104, 111011 per Cont., 11 balt ; Comm. Aik Co.. • . 6:r ff ir4l. ° V• i na T bardl ' ll d rl/ 1.'" 6 ' :. 1, i. Bo Bel l i t• n i ddid•N), • llnt m . 004. I.ll.ntoloni, .1141; . P.r intio. Five Con. rm. Cam.. NI Ditto lit=, 1 4 A1 ' Ttillot il t:= ; (ll.dolossi, 106 i, An4lo-Pot tuguen pm Cnnin a L l Dl: Fear ;no Cont., Nt I ; Domino fire per Or iaL rA . 1 ; DM°, 1406, 1429. 10kostrinn Fire Five per Conte • ; Nmlcan, 1. rt r timnP 111 Lonion,it slibt, 12.16; Ditto, two moo 1142 6. Bammro, Nov. 9.—Lam of 1310. 66 1.0114 V ; Ditto, 16C. 00. ; Ditto. 1/11.114 DM.. Me. at : Donk o 4 Itittum. Mt Eldmints on Dm dck limo . N • A Bnnk 114 im4kn o list. - I.olitV/1 .FtNlPDret Oat. 'lr.& 01.111 M ._. 100; I+t derko 10.1; ; =4 Co.. Thi,l scri.. 94 ; Ditto (keen... 94: New Foor per Canto. e. Wi; Stiellitelo4; Spenifth New nee per Couto.. 12 ea , ei tent . 54: P P . oll u ;i7ir fr i ,: '. n for ikh pur i. Cen "". t.?Li ; ian Du l k tit t t. l. 77 . . ' Loon, Throw pe ak C., 80i ; Continental Bonk Niue, t,i4. AXTWIttr. Nor. O.—Evian(' on Lon.lor., 23 7.5. VISNNA, Nor. 3.—Aoseion Fire per Cent.. ; Ditto. POW rop, o.lllk. Ditto. Th row per Cowto.. a; Ditto. Tw0...1.1111f ow ewe.. ; LOKI of 101. 166; Ditto , IKID , 13 9 ; Sauk Skim. • RAILWAY NEWS. Shares remained yesterday with little variation of prices, bat the market was heavy, and stock difficult to move, notwithstanding the improvement in funded values, and the greater easiness of money, so far as i n advances upon stock and other securities, and on the general discount market. It i., however, believed i t , well-informed quarters that the share-market is be. coming more firm silently, and will show shortly a marked improvement SHARE LIST.—LONDON, Nov. 10. 11O11.—The quotrtlons of Ham to Roman character, 0,,, 0t ..„„ u . j traoaactioao : thooe of lines In 11.1 k., .11ers . prim, 'SI, Aberdeen 11 1 ;i;e;;;;r koi: 10 I min. V. ot.,a bum., 8 t he. li' ol.X.S. Valky". lr ithm. & Oxford Ja.. 6 9atoot.Btenrs.&lllnn 16 Bristol mid bets.. 12 3 e ... ltd. 13* 1 24. 2 Id. • 99* . 10 9d. . 3d. 5* btu.. t 1101; P,cfcrence... Vu. luarevare Do. In Cl.. 6 yer Do. 21(2. 6Per Dektind.liect../at Thdadalkct ft a Madan ieAne2SIG*E4LEI) W. MI. ILI E. t RI p0)4m.3 pet.llo4l :07 Yort EtW DoNortbn &sawn Do. learn 'Cadent (Won Do. Nor. z. s. t j Do. . Do. j silaret 'Edinb. 6• Northern Do NewpWre rter,Yeoril. Dorc kilin. Aggl .t.iratt Northeen.... . 1 "g" 14 : 1 1 utt. .ris I 7/77./9;;:71 , 74E.C . 1 03t.Sontht WcsClLre olGt.Nth. of kipbad-1 I Do. Nar,ls4. 1 ',Great WC4GISI IQ~i Y3l !&I 1;1 119 Td. ;,le . IlKdderstidd Maw. Do., do.. r&a. owd &Os , Warta...... /pr., St Eds.* .. I. do. Nenoicli[ DoNalree(lateCalit Laarsatar Do. Mink . Lanent!dre, '9 Yd. d 44. . 2d. 11 6 par dd. Lb Au L. shares L Lb. SlafeewAa li Do. g://odtkri/LiZ, D0. " 1t 1 7. 4 1/Lon ' , Do.Prrotook -: Do. elsores . . A Do. do .. . e I Iweds . Leiecotir k Bedford .1i !Loads Thirsk . . Do. lira: .... „ 1 _ l. . . Do.Yre dprrCesit. Lecdr,Linrs., Lir., Ala*, & N. JR, Lir.,Crosby.<lNo.ah. 'London DMA 1 D. do. No. 2 !PIAt?P• 9 Ooh Do. C 0... Eigiglas. Do. da.Codar Da.Prviene.4p.a. madam sag Gramm, Londe* t Y.Mi Lonah/1" In ew a Qrs./.4/1 11 11 12Ip. Do. N D D :22 :. tit t : r. Do.101.84.,„114 Debt li p. lorodont B.Wrotroo , 4 6 Do. Noir Doe,. OtAil 30 D. Nor, Do. Cow. Troth,. • !1.1.. In. Do. do. Troths i. Do. Thirds . , or Low.,r.oirrt.d. l'wrteN Lorwindo.4 Mauch., Holt ..Mat.'l I . Monch. elSoto.4uoy, • 144 . Do. 44. 45 5:5 rl 1i 1.141 1 4' .7Der17 - 1 8 Do.o.llrt 5 Do. firo.lGtooter ,Mi , /.6/. II ...rt. o6 liNorrorlk Cartier. I'Noonoo 1 , Dgoo: } rhos r Do. :.41.440i.;...1d. Do. TblW INorfolk 1)o. New. , .1 D0.G. )14 .. 4 4/KVlddir Do. Ertrosso 5 54. D0.11.1647.V•e1.V,r Do. do. ll'orrory id, Costolirr . North 44.4/11.4.14 . ar0 " . 2)5 1$ 'North Wrsler Ilh./J..lrore.d. II I Itoodg.,Gull.l. &Kok. 6I I JUNO...A II itatio ...t 5 5 , .80.411.1. CtlnraL. I,Scoitersh 3/idlood Do. Ire., • •, Itter., Bork. i • D0 • 044 clomo• Do. So. (Noss D. .. 24. thaie &oak Demo . Storlortritirr.. S lld. !8° 1 “ )t i ! 1 al M. .10. . Jo * 1 1., lbo. do. I 1 , 0. do. .... S. Forksh. lion.i • rde Tor Voo Extrarien• 3* 244 ITr row Ilorro. Ihr ch hid. ll'utereord .. 1 i•Gen. iihrhlorr.d. tarots. II ,No.. lb 14/1. 1 14'/». Stitt.,S.ll stn. York, Noce... 1ier...12 D0...ri1.N ...re& 13194 f h 1.01.” rPh. Do Ex.Nol YkaNy' , 113 L/..10 NoIN aearrr 1041 Of Dol..NEPor 0r YorkkNon/iMidlatt , ,,l 3 4 1)0. _.. , 1 130.E.0 W. IN I, , l Foams Rlll W•TS. & !onion, .114 14 Va rnrJ ll 2p. Duteb East I.l:an par 6 Lorrain u 61 Sua4 , ,r, 45k•1 Lyows&Ahi. 14 Nam, 3.12 , 11.1 X r 10 ,Northoro of France 11. 6 [Orleans k Bo ....• t 10 !Pails and Lt0a....• 90 :Park If Orleant. :4 SI Parte and ROW.. 134 b d 'Paris Jj 20 'Nowa awl Ham.. t 16 timbre and 31cumo II Tani ,unto ..541 at runag.......114 Pm AMINO& [ARIL Sm. e. ii t . .. -- 111100 t. U.N. Paris and Orleans-- IMI /7 V 1 1 k ri Li i i 1193 75 Paris end limien .... 918 11 663 16 621 25 913 76 et Rotten and liarre. - . _ , U.) Avignon t Man offer do r 8101 657 10 , bif U sin littresiaurg end Boil 1R 10 I 165 Contra i %lemon) .... i 610 di ido sit: Rordemu ...... ...... ISO 1.5 1 600 600 0 , 7 al eft North .. -.. . ... . MI 60 .1 660 665 I Mel 75 i 666 V !INN i, N0v.8.-14ceibens.1504 : Oleggrilts,l44l; realm and Miles, 861: )sabots . 83; Pestb,9l ; &MM. Cat: Apennine. Pii. MISCELLANEOIIB.—EDINHVHOH AND OLABOOIe.-. The directors have One mom Ume beta =Moue to fret the goads traffic entirely off their Wads and bare ham negotiating for the armee with several of Os petneipal carriers, Mew.. .1. end P. Mather and On (Isis Madonna end Biggs), end ilowey and Oa. An arrangement bas ass bon completed by which the company resign the whole mmisissat of this department into the hands of the two lertameed gems; bat Ileum Camerae are mill to continuo carriers on the ho.—ffeetsesess. COMMERCIAL AND _MA.RKETS. PRODUCE.—Mtwetwo-Lkwa, Noy. 10. sugar market has been active; about 930 bide. West Indio told in the private contract market at prices which full established an tuirmat of le. upon laat currency. Bethted has advanced 6d., and Out a small quantity tie the moo Set ready fax delivery; low lump; 32a. ; standard qudity. Ma. Coffee : (Mad ordinary native Crylou sold freely in public sale at 13.; best plantation kind went off heavily, and the impotters were obliged 'to buy In largely to support pylon. ;Ir: 1,000 bags Malabar add at lull prices to a Rhode adrance, t e ct r 3d. Rica wears s very area appearance. Cfeton dull. Tallow steady at 41.. Tea public sales show rather a larger proportice add than usual, 2,600 wham out of 2,ooooffered; prues ruled shout the re dOW , pr A v t a r t i e contract rates, but u ta u ther lower than the w prima rk t it ' ;a, 64d.. to 61.1. can lirt dd Ceylon toll rope, bo blic ught in. IM., 234 • 291. torn woad, 104. fispo. wood cold 111. Ik., 101.105. Buthlo Omee sold 101. Indigo; NO cows Guatemala sold kern In 7d. to k. 9d. Sado, bought if, Us, Ms. Duty pad w sager to Lai week in bask% Umpook cwt. Bristol, Hall, and the Clyde 4,847,693 To the maw period Ina year l,Blo,Sal Increase perms run ow ran nr 1W tb asar vim _ ffi London Liverpool Bristol Bull Clyde Total .- - -22.4;"0,418 4,07,4411 605,30 - 208,350 ... 1,739,913 ra,490,8111 imp Or le 1141 ....... ....... 1,741,40 corrox.—Ltrzstool, Nov. 10.—There was a good at tandem* of the trade to-day; bet Fires bare not adnuwed. it* mks were stout 4,000 balm d wtia SOO were taken for export. SHIPPING INTELLIGENCE.-MAim. OIL D 05.1•74. DOS.h•ll. DVS. OIL DM i 4 Dana ... . . 1 Halked .... 00 India , '. South. 1 clydner,SSW 4 3 Waesthed .. J ilmelkes .... 11l ampton .. 00 Mcsieo and 1 =rai " f ilm' . fiee . J7; D Ba g""a ao l d " o o 'o tr i ett.k! '". 4 0 /1.1,...... •,. i. : Ralifax,Nor.l3 0 Beall ..Dec. ' 34 Osomeese, . : Wilberforce, Hamburg; Sir E. Brim, 011agil; Dalrig4l4ll/, Magnet, Rotterdam ; Fulmar, Mrs nedirls; paeß4 Mee is Rego, Oporto; Clitua, Patna; Lord Rs ; Vesper, Odea.a.—tiailed : Warrior, Ends. wake; lion • Sparta.), Coaatantinople; Qty of lend^ Ilsaimilem • Mien Royal, Hamburg ; Sir It. Foci, Mag ma, Triton, Ostend; Durham, Gibraltar; ; Norway; Orion, Jersey; Rosa, Goan -7L*;,.....A.F.7"10_11,„0:0. : Jade, lissallan ; Enchantress. Satellite, ; Bortsam. Mirantichi, leaky, and part of cargo thrown overlord; Owlalik Triage • htelardrl, Hari.; Hawk. sr; Jain lite .4 4Ueranaria; Diamond, Smyrna ; Lady e M eley, Rem i • Sarah, Palermo; Zaktit, King of the tree. Woes; Caieutta ; Elora, Bombay; Phantom, Ileableselele.—lllikle : Jack o' Lantern, Amen; Dumfries, Shang. led,• Mel% Ilmarara ; Carl August, Dantaio.—Put back : H. Er. hank, IMO% bey Lancashire Las, Naples; Patty, Rotterdam.— HimstNew Tar t; Cumberland, Triesta—fl Jen Bunt, Born to Newport Peet, la on Aare near Canipbeltown ; crew mod. BELL.—Nov. 2, at DaNINVIrre of pot, Bell, as roe. GARYIN.—Nov. A at the eats W the Rev. T. Deakin. of a 00. HA MILTON.—Nov. 3. at ID. Cheathrvansio. Mn. T. C. Damao°. of ri Ill a telVlMlT.—Nov. 7, at fihnaoke Vicarage, Dal Cokshin, the wife of the Rev. R. K. Ilarthltnnt, of a alms/thus. PARKER.—Nos. I. at Woolthett the who of Capt. Parker, R.N., of • PU A. ILLIDPB.—Nov. Eat Grawdkormanor. Leleartorthlre, the wife of L. Voillipps. Eft., of • co. RECD. aret-dieek —Nov. 9 the wife o de f Mr. T. G. Reed, lath Mien D. HoriOn. at Hy, gllna* AItRIAGES. BRADT—HVLE.—At Dublin, F. W. Brady, Eat., Cldf4 SOO of the night Hon. the Lord thinor of lend, o f EndlA klhabeth Kyle. cor.o.r. c4 Nor. 6, at lot. Ac m e, C° et ;, hrt ' ll ' elt i ev. N. Wade, W. Clods. Nog., of 11.9 Le svOrrlee, to La/benne Anne, daces daughter ot W. R Hodge. 1.4., of %timid butler, SWIM Surrey, and err of the latch . Hodge'', LA., the reboot CURRIR—IIPWOOD.—Nov. 4, at Terrlnatoo, near Lynn, Norfolk. by the En , C. Ourrese.M. R. Dwell. Leq., a the 11,. indict/. eoumd son of BD Currie, Dart, to JAM: , elcicA dattsbk/ a the Roy. T. T. Uproot, of Lortithreall. Tenthgton. GOLDSMITH-lOl.—Nov. 4, at Bury, durfulk, by the floe,. and Rev 8. Pellew, Kr. D. Goldsmith, of that town, to Lonna ekkat daughter of the 1•i• Bay. G. Ica, motor of Thomdon. MARDIII—LIIIIOOLN.—Nov.II. at et. Panora. New Church, C. B. . Mlllikewegh. Ireland, to lie Marianne Lincoln. og Bewtonvannoint. RENDRIO —Nov. 9, et Ht. Pagers., by the Nor. J. K. Kamp, M.A..thennbast of 94. John's, Charlotte etheet, 11. C. Rend rthit., Bah , el the Wepaire, to Dophia Acme. youlteer danehwe o f 8. A. va-vitfumed) of N.M.'. tor Albert's) Root of Licht . infantry. LECULED—BINIIO .—Nov. 10, at Si.Yabllncton, by the Rev. N. Curti& A.M., Mama Dricie A. Lethad, of Parts to Ills N. C. Bof ebop, Albkonotnelt, -park. DCA 11 FREELAND.—Nov. 6, at Buchanan 91 Manse, the Rev. W. peeled. in the 41.1 yaw of hie LARK —Nov. 6. at 10, Both Annvtreet, Csvendahoquare, the Rev. A. Lake. rector of Wait Walton, Norfolk, ftod 72. MON TOOMERY.—Nov. T, ea Upper Gomel, dedgley. the Rev P. =ornery, MA. Inanthent of that place. end lateof C°.14.1 PlEttOlatrgfoLiat tale of Ran W. rter-lrel. fen Br di VAO CUP II I :. E ■ oMoninsthe-pthreSpread., Ruatelloquare. Mn. "ON hee at Wen Irk SMEAD.-119y, m Oat R.N. U A DlL m.a.6 lllfo. 7 ln 2.0. 9 v. u l4 o,.., ebb, Becd. rooond . dansb 6uffok tey of the Rev, .W_ r Am. So. as <4 bin &, Ifjewease. it As Ur City of 1.4.14 Pram at lie lA.. O W ' 61.16..*.kiber. Is the eeeelee, et Witiv*leekia mt 7 ~,,, .Noveesits IL lA.