The Express. — London, England, 1851-11-21 00:00:00

COURT OF COMMON COUNCIL Yesterday a court was held for the despatch of public business. TOT[ UP TITANIA TO TAR LAM LORD MAYOR. Mr. Deputy CORN BY—My Lord Mayor,—l feel it my I, duty to bring under the notice of the court the services of the late Lord Mayor, and I hope the court will allow me to state that during his tenure of office as president here (and I believe I shall be borne out by every member present) the business was never more punctually or more faithfully administered. (Hear, hear.) I have, in the vote which I now propose, steered clear of any questions that might beget a rentreiveray, from a conviction that a unanimous vote of thanks is a compliment that every public man duly appreciates. That vote is alloyed if there are any objectors. (Hear, hear.) I am unwilling to advert to what passed in the Court of Alder men on Tuesday last, but my impression is that that court not having carried out its motto, wadi &reruns pattern, has excluded such explanations as I am satisfied would have ►verted a good deal of what there took place. (ILiar, hear.) My motion is, " That the thanks of this court be presented to the Right lion. Sit John Musgrove., Bart, the late Lord Mayor of the City, for the very able and efficient manner in which he discharged the important duties of chief magistrate during the past year—a period eminently distinguished for the cultivation of the arts and sciences, and the extension of friendly in-' tereourse with all the nations of the habitable globe—for the upright administration of justice; for the punctuality and attention which distinguished him on all occasions; for the liberal support he cheerfully extended to the numerous charitable institutions which adorn the metropolis of the British empire ; for his promptitude in convening the meet ings of this court, and the grim. impartiality he displayed in presiding over its deliiierations." (Hear, hear.) Mr. JOHN DIXON 'a:cooled the motion. Mr. BARKLY—If a vote of thanks is to he passed, as a matter of form, I, perhaps, should have no objection to vote in its faireur, but when I consider that a vote of this description is one of the highest honours that this court has it in its power to bestow, it is one that we ought to be very chary indeed in agreeing to, unless fully satisfied in our own mind, that the late Lord Mayor fully deserves the com pliment that is now sought to he paid him. (Hear.) I think it is the bounden duty of every member of this court first to ascertain whether his lordship fully sustained the dignity of the office in the manner which the citizens of London expect at the hands of their chief magistrate. A very large sum of money :a granted to this court fur the purpose of enabling the Lord Mayor to maintain the dignity and honor of the office, and in my humble opinion, Sir John Musgrove failed in carryii.g out the object for which this money is granted. (Hear, hear.) No metuher of the court is in the habit of dining less frequently at the Mansion House than I am. (Oh, uh.) I certainly received an invitation from his lordship to dine there. ("Oh, oh," and loud cries of "Shame.") I accepted the invitation—but when I after wards found that his lordship bad deviated from the prac tice of his predeceseors, in the mode in which the invitation was conveyed, I considered it my duty not to dine upon that OCCASIUU. (Loud laughter.) When his lordship was remonstrated with for the impropriety of the course he had pursued, he &maimed a reason which I think was an insult to the member+ of this court. (Laughter.) Mr. DE JERSEY—My Lord Mayor, the gentleman who proposed this resolution seemed to think—indeed he said—he stood on very tender ground, and ho therefore drew that resolution in a very mild form. lam nut here to canvas, its terms. I am perfectly free to admit the cour tesy. the urbanity, and even the hospitality of the late Lord Mayor. I know not whether the late Lord Mayor has de• voted from any rule or custom of other Lord Mayors. (Oh, oh.) I go upon higher ground. I stand upon principle, and I intend to move an amendment, and to diva!, the court upon it, even if I stand alone. The only opportuilay which this court has of canvassing the character and conduct of a lord mayor is when a gentleman comes down with a resolution, and asks you to approve of his conduct. The objections in the other court were all of a personal character. ( h ear, hear.) The Lord Mayor last year gave occasion for • great gathering together of foreigners in title ronntry, who not only had an opportunity of witnessing one of the grandest displays ever executed, but likewise had an opportunity of seeing the character and constitution of the British people; and if I am not very much inist .ki a, they found this re country where the Sab bath is considered a divine institution—an institution up held by the Queen on her throne—au institution upheld by 'gelid-dive enactment—an institution up held and respected in the strongest way by the rebrious community, which is not a small body, but one representing great and vital interest', and which the mini...hr, of the country do not disdain to consult when question. of great initsortanee come before them. Every body in this court will agree with me that here the observ ance of the Sabbath is the rule, the breach of it the excep tion (Hear, hear.) Not so in other countries. Whether right or wrung it a question which it is not material to dis ease at this 11110111C1Ii. A man holding a high and responsi ble position, holding the office of Lord Mayor in the first city of the world, is bound to see that he carries out the principles, the feelings, and the character of the British nation. The late taint Mayor has violated this obligation. (Oh, oh.) lie has done that in a foreign country which he dare not do here. (" Oh, oh," and laughter.) In this country we never hear of public festivals being held on the Sabbath, the idea of such a thing is repugnant to the feel ings of the British natien, and would not ba tolerated for a moment. Formerly the ministers of the day used to give their public dinners on a Sunday, but the practice has of recent year. been abolished. So also with the Lord Mayor. When foreigners ducked here a few months ago, they found the Exhibition closed to the public on Sun day., but when the Lord Mayor went to Paris, he was content to enjoy the festivities of that city on that day. He, therefore, was guilty of a violation of principle, which, as an Englishman, he would, and should hold good in the city of London. I apprehend that every Chris tian gentleman who supports the Sabbath, as a great num ber in this court do, will feel it to be a principle existing in his mind to endeavour to carry out the amendment which I propose. I see a friend opposite (Mr. Analerton) taking notes. I hope I shall have his vote. Mr. ANDERTON-1 am not a Pantiler or a Mawworm.. (Laughter.) Mr. DE JERSEY—A week or two ago my friend pre sented a petition to this court, and we will now try his principle by his practice. That petition was on behalf of the axial, physical, mural, and spiritual welfare of the street onlerlices ; that arrangements should be nude for their rivulet' attendance at divine worship on the Sabbath, and for supplying each of them with a Bible and Prayer-book ; so that while the street orderlies are to have these neces sary means of religious instruction supplied to them, the Lord Mayor is to be countenanced in desecrating the Sib bath in • foreign city ! Now I look round again, and ask who will support me ? Mr. ANDERTON—Why, nobody. (Laughter.) Mr. DE JERSHY—I have no objection to the "evolution of the hon. deputy, but I wish to add as an amendment the following worth "Yet this court cannot but express its regret that, on the occasion when the municipal authorities of l'aris offered a series of magnificent fetes to the Lord Mayor and other distinguished Englishmen, the chief magistrate of the city of London permitted himself to forget the obligations of the Christian Sabbath, and to sanction by his presence at Ver. sallies the desecration of that day. The court with pain declares its opposition to the course taken by one we public conduct has generally been so deservedly esteemed ; but, looking to the character of Oreat Britain, in which Sabbath day is honoured by the outward conduct of official men, and by the example of the Sovereign of these realm*, this court cannot but regret that the late Lord Mayor failed to bold that day sacred in a foreign knd. The world-famed courtesy of our French neighbours woad undoubtedly have promptly provided for a conscientious objection, while they would have honoured the eamailiati di the Lord Mayor in the maintenance of principle alike la imam as in Eng Mr. ANDERTON—NoboIig will mooed that, I am sore. (Laughter.) Mr. Deputy LOTT mid t Ida set rise to wend the amendment, but te the Mewl rendation. I had in deed hoped that a of as Impersts a metre as that which is before the mart wadi have pealed =mei mouldy, and I regret very much that any oppositise what ever should be made to it. Oar hired lit. Derkly opposed it, and I maned make out his osseous. According to his own statement he was halted to a dinner at the IlLakra-losee. n (ttetragr, _end erica of "hear.") He did, net dims Mgrs . ,) Whether he anticipated taking enytlthig widek_u 7 diseinee with him or not I cannot MU. (Steame d Mulder.) Mr. De Jersey has taken objections to the easduct of the late Lord Mayor in l'aris. The objectioa takes by the Court of Al dermen was hosed upon a veep tillboset ground. It appears that the late Lord Mayor had le • Amigo country, a cues. try professing a different relights, chosen, on his own Sab bath, to worship his Maker la a place of worship dedicated to his own religion. (Hear, boor.) This conduct caused considerable delay in the Mommoceas ef sum of the gentle men there, and brought dews sappeesa the Lord Mayor • great deal of censure and The remarks of my , friend (De Jersey) are those of an anode. (Laughter.) I most cordially agree with the maim peopeted. I say mat distinctly that the la's Lord Meyer asied with the most praiseworthy courtesy to the members of this mart, and that he performed all hit dudes with semi end ability. (Cheers.) It seem dent there wee k die ether smart an Rafortunate disagreement epee gated= milk whisk the Coen et Commas Camel had maim to de, lint that die %errt could have as lailemme ere Ma Mike to e shall arrive. (Hear_ bere.) Mr. DEDMOCH— My Ler* Mayor, Ism neither the ear the eulogist of aldermen, whether sitting on r e t e eth sr in Use dole chair. At the mem time it become me sad sweep member of the coact Se amiataia the dignitAif se men sem of regoemibillig eel power. =a ) . ef obswesdess mob Sedgy ge far to the Mid to be le WINIIMION mil which gentlemen who ppssmmeemmee to Mtn* Mid le weeeration —Omar, hear)— ho ma sessheigtairr civi lities hem the Me UM Mos Gam member at the 111111 W, but I never saw dm occupied with mere dignity *es when occupied by blue. and I never hoed any man &- dem that he did net perierm Ms whets duties la • moreer wesiby et the eliagasrat eels trod megierate of Meaty et Loden. ressoLim w Are w le bemet 6 o: gemilemes smite et a dinner. we ash give • set of thanks oft M B lard Iderper, became he did eel entertain a merrobee of this men at his labia in • =MS 'seedy miledthe taste of the gestimme (liter, des mie ha end drinking to 1110111dbge tite Mist ellee ma Perlis lir a Lord Mayer? They are emeidered by melds ports of the men to be so, sad with good 111111111111' is*, when you fbd me hemeneside /oedemata get up and gravely team Met en someem of some slight 'Literalism he dm wee of intlieliee he will epee*. • vote of thanks? (Haw, Mgr.) I imam that what Mr. Dv Jersey has said is • pion memieleiteable, unmitigated cant. (Loud laughter, and min of " Hear.") That gentleman op the vote of thanks on account of the visit of the Lord Mayor to the waterworks at Versailles on Sunday. Now I ask him whether he himself or other honourable gentlemen connected with the corporation never visited Hyde-park or any other place of recreation on a Sunday ? (Hear, hear.) After some fur ther discussion, The question was put, and there appeared upon the division, which Mr. Anderton insisted upon causing to be taken— - - In favour of the vote of thanks.... 118 Against it Majority in favour of the vote .. 110 (Cheers.) Mr. De Jersey's amendment not having been seconded, of tome fell to the ground. Upon the motion of Mr. Deputy HARRISON, the court proceeded to the adjourned consideration of the proposed bill for regulating elections within the City of Loudon, and for conferring, under certain restrictions, the rights and privileges of freemen and eitirens of the said City upon persons occupying and rated to premises therein. Clause 1, repealing the 11 Geo. 1., c. 18, and the 12 and 13 Viet., c. 91, was peed to without alteration. Upon the second being proposed, which provided, " That every male person of full age, and not subject to any legal capacity, who shall have occupied within the said City, or the liberties thereof, for a period of • year and a day, either solely orjoiatly with any other person or persons, any house, counting-house, warehouse, office, chambers ' or shop, and shall, in the case of a sole occupation, be rated in respect of such premises in his own name, on or to an amount of not less than ten pounds per annum, or in the case ofa joint occupation, be rated in the names of the occu- I piers on or to an amount which, when divided by the num her of occupiers, shall give a sum of not less than ten pounds per annum for each and every such occupier to any municipal, parliamentary, or parochial rates, in respect of such premises, and shall bear lot—shall, whilst continuing to occupy the same, be entitled to all the benefits and pri vileges of a freeman and citizen, and subject to all the du ties thereof, and shall be entitled to vote as such in any election for alderman or common councilman, or ward ()M -eer, in the ward for which such premises shall be situate, and also at any election for mayor, sheriff, chamberlain, bridge-masters, auditors of chamberlain's and bridge-mas ters' accounts, and for any and every other officer to be chosen in and for the sail city by the liverymen thereof," Deputy CORNEY proposed as au amendment— " That so much of the proceedings of that court for the proposed bill for amending the City of London Election Acts, as rekted to elections in Common•hall, should be rescinded, and the notice to parliament altered accoud ingly." Alderman SIDNEY hoped that the court would not stultify itself by the adoption of Deputy Corney's amendment. Re was quite sure if they adopted the clause as it stood, there was no necessity for them to be at all frightened by the idea of imposition from the companies, for he doubted whether there would be any such opposition manifi sted. If it were, however, ho felt satisfied that it would be puerile and ineffectual. After bum conversation, the amendment was declared to be lost, and upon a division being called for, toe numbers ware declared to be: For the clause For the omission of the words'l7-8 Clause, 3,4, and.") were then agreed to, verbal amend ment, only being introduced ; upon 6 being proposed Mr. Norris urged that there was in it matter of much import- ante ; whet a menther observing that 40 persons were not present, the court was counted out. MR. LABOUCIIERE, M.P., ON MECHANICS' INSTITUTIONS. On Wednesday evening the anniversary dinner of the Slough :Mechanics' Institution.was held in the lecture room, which had been very tastefully fitted up for the occa sion. The rhair was taken by the Right Hon. Henry La boucherc, MX., of Stoke-park ; Major Bent, of Wexham house, occupied the chair; and there were also present affieral of the local magistrates, three or four of the Eton masters, three of the parochial clergy, and about a hund red of the members and their friends. For the small town of Slough, which dates its present importance from the formation of the Great Western Railway, it was alto.:ether • most creditable demonstration. After the usual loyal and patriotic toasts had been duly ho noured, the chairman called upon the secretary (Mr. Brum men Smith) to read the report of the committee. From this document it appeared that the institution was esta blished in 1817, and that it now numbers nearly 100 mem• ben. The estimated income for the present year was 721. 3s. 10d.; the estimated expenditure, 601. 12s. 6d. ; but the institution is in debt to the amount of 40/. ; and the se cretary announced, amid considerable cheering, that the chairman had presented them with 10/. towards the "debt fund." Several gentlemen present followed the liberal ex ample, and the debt was nearly extinguished almost as soon as the cloth was drawn. Mr. LABOUCHERE, who was most enthusiastically Tt• ceived, said :—Gentlenum,-1 was anxious that you should hear the report which has just been read by the secre tary, because I felt that it would be the very best preface to the toast I am abed to propose—" Pro sperity to the Slough Mechanics' Institution." (Cheers.") I have not expended much time in asking you to give the toast, because I presume I may consider your preemie* here this evening a sufficient proof of the interest you take in all that belongs to the welfare of the institution. The object of the institution has been well stated by the secretary in the document he has just laid before you. It is the promotion of general and useful knowledge in the various branches of science, by providing for its members a reading-room, circu lating library, and classes. The attempt to establish such an iostitutiou was highly creditable to the inhabitants of Slough; and I do not hesitate to say that it is the duty of all connected with the town and neighbourhood to co operate with the committee in promoting so desirable and praiseworthy an object. The time has gone by for the neces sity of entenng into any lengthened detail to show the harm lessneas of mechanics' institutions, and to prove that the pro motion of popular education and the improvement of the intellectual condition of the people are perfectly consistent with the welfare of the state. (Hear, hear, and cheers.) There may hare been such times; inde ed, I can myself re collect the period when institutions like the one we are now assembled to support were spoken of in a very apologetic strain—when it was mentioned n 9 a doubtful point whether such institutions really conduced to the good conduct of the working men u citizens, as Christians, and as res hectable members of society. Those times have now, appily, gone by. (Cheers.) At the present moment the opinion of Englishmen, of all classes, is, that to promote the education and intellectual improvement of the people is one of the greatest and noblest objecta in which any man, be his station and society what it may, can possibly engage. (Cheers.) Without meaning to attach any undue or ex aggerated importance to mechanics' institutions, I cannot help dunk.ing that they are very useful in the opportunity Wei Mind all classes of carrying out that object. (Cheers.) wayeet to the little town of Slough, numbering its 4.llllllshobinats, that those should be a number of young mw mosNlnci together Sw the purpose of reading good Mika. mooing to discuss the merits of these books, &adieu /nadir than minds by idasional lectures, is a promising islorome sign of She times. It would be an utter INN IS elm In me to dud& spoil all the objects to be &t -ads* theinsitffise way of mechanics' institutions, bat the inn In 011ie I Mg= to attach the most import ant, is As genbrd of a geed library. (Cheers.) I dealt ergia eilessieges to be derived from lectures, bat lam Moises* volt rr eaavlelsa that the greatest advaninips w to'bo admit from in agosManity afforded to the weeldig men of yezmiog spud IS by their own fireside,. ( Ch eers.) I believe dal EMI men who have risen from obscurity, and attained the honours in this country. may dote than impwameti and their rise in society to OM 111.111110111111 losing of good books by their own lemides. The library of this institaties ima hyge,trilire d es Sims when a very small ea% amoully directed tore porDose, will soon penis= trod library. Is wry pamper days the works of mut anadlnni authors were so oe as almost to condo* that um end possession to the classes. Now the best vein esey be obtained eta eea tively imionliksat .alley, ea 1 hope you mobs a dooming* assellin to ersomeat these walls with • mamboed liberal of stand ard and wmpfal works. With mini to the gnamoola elfin institutive, I ma glad to eft the dos aas fi nances is, on the whale, on misibeteey. Within She last ten minutes Mayhinebtanmegorially improved. (Lanelhter.) I never Nail aq iyeedlim Hilt I liked better than those brief but banditti e.lllllllll-meats of donations isrds the " debt fociL" PO= and laughter.) Such Apra of unthreads gas vsoidi the figures of speech in the world. (Cheers.) Tour inentiskl may say, are now in a tolerably satisfactory ortadition Tee went through two or three years • of deficit, semi sow you have a surplus on the current expen diture. I ham, is the affairs of government, it is some times rather mere &Gault to deal with • surplus than it is with a Melt (leers of laughter.) Here, however, the surplus is net et oodleiest extent to create any such dal eulty. The support gives to your iostitatiou by the mien bowing pony as valuable to yes and creditable to them; bet. Wall the sapper% that most to be valued, is the ] sup- Sof the modwolas themselves (Hear, hear.) It is the Urethan to odd yes. bee depend upon it self-rebus@ • oellwaseelea ewe the best mesas at omen. (Cheers.) I bop the landomma end zonhaaito of Slough will give this fralliallota tbsir beet womicat. As a neigldsom, if by basalie mews la my power I can render you a senile, I shed way We Me happy. (Cheer.) Lou Misled that I aced art AMA' yes my a m end I will et lam eon taste by et hag per he with ad the lemurs, rfo r mity to the so* hwatatig.." ((heat Th asig rev. W. G. Coelmisy, of RIR College ,• Mr. H. Derain. of Wiediser . ; 11r. Li . amnia. XL A. B. Haney, sad Mbar geollmseet c _Waimea. aileemed esaysay, sad tie preseethep me lersetheee meth mithlikt MONMOUTHSHIRE CANAL AND MAMMAL—Yes terday the half-yearly meeting of this company was held at the Bill Hotel, us Gloucester ; Mr. Haywood in the chair, in the abeam* of Mr. Makemore, M.P. The report of the duectors, which has already been published, was taken as read. The chairman entered into explanations respecting the position of the company's affairs, and moved the adop tion of the report. A motion, upon whkh a most protracted discussion took place, was subsequently carried to the effect that a dividend should be declared, but not paid un til the affairs of the company were in a position to justify the payment. THE EXPRESS, FRIDAY EVENING, NOVEMBER 21, 1851. before this woman. It is most disgraceful to her, a person la her class of life, to behave in this way. It is disgraceful for persons to come here and endeavour to carry out, by blustering—(to the persons in caul, 'Not so enuehnoise.') If she has any shame, she has disgraced herself to the end of her life." (To an officer.) "Wu there personal service in the ease ?" Officer: " No, sir ; the summons was served upon the defendant's wife." Judge "If there had, I should have made an example of her. Let it be immediate pay ment. Attempting to cheat a poor woman like that of her soap and candles. I suppose I shall be told that I have been diseourteous ; and if I us, I shall take eve to have the person before me, and I will deal with hies accordingly. Make the process out in this case instantly. She shall have a fraud summons also. If she does not pay this, let her have a fraud summons instantly." SCENES IN THE LIVERPOOL COUNTY COURT.-WIDNESDAT. RINCITIORROW V. CONOLLY. The plaintiff in this action, Nicholas Ringborrow, aned Captain Samuel Conelly fur the sum of 2/. las , fur wages due to him as a seafaring apprentice. Mr. Wilford appeared for the plaintiff, and Mr. Orocott for the defendant. Mr. Wilfurd called the plaintiff, who proceeded to give the particulars of the case, when it appeared that, in order to prove the apprenticeship to the defendant, it was neces sary to produce the indenture. Mr. Orocott did not pro duce the instrument, and bad commenced irregularly ex amining the defendaut before the plaintiff's case had closed. The judge complained of this as having been done with the intention of misleading him ' and proceeded to say, that it was such proceedings as this that had morally murdered the late judge, and driven him out of existence. He could not bear such treatment. A judge of a County Court, it appeared, was expected to be something like an angelic being omniprescient, omniscient, or, perhaps, possessed of the attributes of Deity. " They have never," said he, , let me alone a moment since I came here. They have tor mented me day and night ; they have almost morally mur dered me; I cannot live under this sort of treatment ; they will torment me till I am dead, and I don't know whether they will let me alone when I am in my grave." Mr. Wilford—l hope not, your Honour. (Loud laughter followed this malapropos remark.) The Judge—They have been plaearding the walls of the town this very day, publishing placards of a very disgraceful description. It is disgraceful to those who have done so, and to those who continue the system; and I will be bound to say that there is not another town in England where such a thing would be done. Here I have been sitting, like an angel of life, from January to December, going through the journey of like as smoothly as I could. I must surely be supposed to be pos sessed of angelic qualities belonging to another state of existence, or I should not have been insulted as I have been. I am glad to say that it is not by the respectable portion of the people that I have been se treated, and I trust I shall have the respect of the respectable portion of the peope. There are a number of parties who have come to this court of justice who know that the judge has been insulted in this court of justice. here I am the minister of the law, the representative of her Majesty, sitting under her arms, and 1 ought to be administering justice with tolerable com fort. I trust that the respectable inhabitants of this town will rally round me and carry me triumphantly over the backsliders who have opposed me. If this is not to be so. ' I know lam to be ruined and murdered. I say it is moral murder fur a man to be attacked as I have been. I say it is a moral murder. But I trust in being able to carry with I me the good opinion of those persons who are in everyway ' able to judge ; and I know that they are of opinion that I hate been unceasingly slandered, abused, and calumniated, for the sole purpose of bring ing me into disrepute anti disgrace. It is most lamentable to me to see the same sort of conspiracy going on that must end in destroying me as it did the last judge. It is destroy ing me, by destroying my health, as it has destroyed my comfort since I came to the towu. It must render me un able to live, if it is continued. At this moment I have not a sixpence in my pocket for doing the work of this court for the last twenty-two months. lam a couple of thousands of pounds besides this out of pocket, owing to the expense to which I have been put in defending myself against the assaults of parties who are as heartless and base as their insinuations'have been as false as were ever made against human being. llt,Pirriat ACCOUNT.—WOODBURN V. CULLEN.—The plaintiff claimed the amount of fet. lOd., alleged to be duo for grocery goods and provisions supplied to the defendant. The defendant's wife appeared to answer the claim. After the statements of the plaintiff , it transpired in the course of the examination that, amongst other things supplied was milk, which the defendant denied, and was proceeding to do so when the examination proceeded thus : Judge—. Don't go on that way, woman: listen to my questions. Did you get the milk?" Defendant—l did not, air." " Now take care what you aro about; I will not have people coining here to tell me that which is not true. Did you ever get the milk from her or anybody connected with her ?" " Nut to my knowledge." "Did she ever come and demand the mousy ?" " She came to my hou.e." Judge, with sharpness, emphasising and pausing between each word—" Did—she— ever —come,—ay,—or—no,—and—de- mand—the—money ?" Witness—" She did, sir." The witness was about to add something else, when the judge hurriedly exclaimed, "Stop, stop, stop. You can't act even decently here. I never am such a manner used before a court of justice; coming storming in that sort of manner—in that sort of way." The defendant, in her fur- thcr statement, denied that 'he ever had had any milk front the plaintiff. Plaintiff: " She came and got half a pound of soap, and—" Judge: "Now, stop; did you (defen dant) ever get soap and candles? (The defendant hesi tated.) Your conduct (further said the learned judge) is just that of the class who come here and deny just debts ; they come to carry their canes by personal insolence and bluster. They might just as wel l try to bluster the moon. It will have no earthly effect upon me, and will bring punishment upon them. Did you get any from the middle of June to the middle of July? " Witness: "None, sir." Judge: "If you go on telling me that which I find by evidence to be untrue, you will very likely find yourself before the judge at the assizes, to take your trial for per jury. I sent two people yesterday; .and I have taken your measure already." Tho witness endeavoured to offer an observation. Judge (with warmth) : " Hold ' your tongue ! Did yuu get soap, candles, or milk, from the middle of J uue to the sth of July in this year ?" Witness: " No." Judge, to the plaintiff: " Listen to the question. Are you quite sure that these things were get within the time you mention, from the middle of June to the sth of July in this year ?" "Yes.' Judge: "Just tell me the particulars. How much fur soap ? Refresh your memory. Have you got a bill of the articles ?" A bill of account was handed in, and the plaintiff said, " I put it down on the cupboard door." Judge : " Never mind the cupboard door. Why, this (looking at tho account which was handed in) is all for soap and candles. There is no milk." And etceteras." Judge: "No, there are no etceteras. Do von mean to sly that this is correct, or incorrect? There is no milk here. If this contains all, there is no milk here, or any etceteras." Plaintiff: "Then I have sold the milk, and have not put it down." Judge: "Arc you sure this bill is right ?" Plaintiff: "Yea," and the plaintiff was about to offer some explanation. Judge : " Now, don't go on in that way, but Isom to answer questions without making speeches. On the 28th of June there is soap and candles, 3s. Sid ; is that right ?" Plaintiff :" It is, sir." Judge, to the defend ant : " Were soap and candles got on June 28th to the amount of 3s. 64d. ?" Defendant :" Se she said, sir." The Sadao repeated the question twice, and then said, " Now I ask you a third time, were soap and candles got on June 220, to the amount of 34. 6)d ?" Defendant : " She says so." Judge : " You have said that already ; I want to know whether they were got or not ?" " They were not got, to my knowledge." Judge : " Third answer—'they were not got to my knowledge.' Now uto July sth, as to the amount of 3s. 31d." Defendant :" I don't know the date, sir, but I paid her 3e. 31d." Judge :" I did not ask whether you paid her. Will you answer my question ? Were soap and candles got on July 5 to the amount of 34. ?" Defendant : They were not got to my know ledge ; hut I paid her." Judge ; " Are you in the habit of paying people for things which you do not get ?" The defendant said, " No, sir," and was about to add something more, when the Judge said, " Stop a moment, woman. If you give your evident is • decent sort of way, I may give some attention to it. Ti. come here in a blustering sort of way, and instead of OOPPer• ing questions you make speeches. You won't answer/11mM Did your daughter or your servant get anything fee 2w; were they in the habit of gettithings for you ?" Diem. dent : Never " Judge: " W hat age is your doughtier Defendant: " She is there, sir" (pointing to the yaw girl). Judge: " I did not ask you if she was there; we you tell me what her age is ?" Defendant: " Fifteen, sir." The Judge further questioned the defendant as to• whether she had not been in the habit of paying for goods which her daughter and servant got from different shops? The defendant replied in the negative, and was about to offer some explanatory observations. Judge: " There yea p rambling on. You have answered in the negative—. I never paid for things which they got.' That is the ant answer. In the second you say, I never paid but for these things.' Then you did pay her for some things they have got.' The defendant hesitated. Judge, impatiently: " Will , you answer me, or I will impose a fine of 51. upon you before you are a few minutes older ? You come here and studiously insult me. Do you not know that it is highly disgraceful for me to have to drag things out of you by the neck, as it were, in this sort of way ? You seem to be a person lost to the common decencies of life, and do not know how to behave yourself. If you can't here, I don't know what you will elsewhere, when the whole court are gazing at you, having the same idea as me. I ask you whe ther you paid her for some things you got ?" Defendant: " I did pay her." The J edge then, at great length, questioned the defendant as to whether it was before er after the 28th of June when the goods were got? Defendant: "I do not know, sir; I never keep any account of the time." Judge, facetiously laughing: "Then I think I shall keep au account of my time. I shan't waste any more over you. Have you got any witnesses ?" Defendant: ' have my daughter." Judge: " If you mean to press it to that, you may ; but I shall, perhaps, send you and your daughter somewhere else. You don't know, perhaps, that I committed some people yester day for perjury, and that they will be tried at the neat emus ? Do you know that this court has power to com mit you for perjury ? (The defendant remained silent.) Dent you know that ?" (TUB queetion was repeated many thews, and at length the debsdent said, "I do.") Judge • "'Then I would advise yes to ISM care what you are sleet. Year oath is is appellant Is the oath of this good worm I mil nod yes to psi, Old send your daughter is the Mlle beat slag with yea. I never saw a person give their miaow is a more *mend way in my life, or ie seeded dramdrea more impieperly." After some fur ther questions reistive to the NM of June, the Judge laid, " Are yea pi to soy say more ? D o you mean to call your witness 2' Defendant: " Here ismy" Judge: " I order iminediMe payment of Is. 10d. and I shall amide' whet I inn do with this ' lad I shall eel eek y, ler nebri p e=2itere bombs& Übe be hued hainif muff km paw wonso-•thap OEM& Wiligneribit irk her meat what Ide othiliseto Siseorreey eigthse she did get. It wpm, Ilse she soil her dregloor are in the habit of getting talky the ithethelves. She admitted that they did. She did net draw the gist of my quad's. I put a Itleethre se • tholleggoolos. ea that it was quite obvious, igIMIS I Wield OD OM rig peedthlar answer, she answered the tentsesay. MIS Irian Wbo a person who will swear anyt hing. This I. •lIIWASZ of those disgraceful cases which reflect eternal diagram urn such persons. She comes here dressed out in silks and satins, and though a poor woman comes dressed humbly in life, I will believe her COMMISSION ON THE FOREST OF HAINAULT. Yesterday, a royal commission met at 11 o'clock, at the Kiog's Head, Chigwell, to commence an inquiry, having reference to the disafforestiog of Hainault Forest. The commistioncrs arc Mr. George Wingrove Cooke and Mr. Nathan Wetherell. There was a large attendance of narties interested. Mr. Gardner, solicitor, represented the Treasury; Mr. !)ruse appeared for the manor of Chigwell ; Mr. James Mills fur the manor of West Hatch ; and the seve ral parishes were each represented. Amongst the leading landed proprietors were Mr. Hulse, representing his father, Sir Charles Hulse ' lord of the manor of Barking; Mr. It. W. Halldare, lord of the manor of Theydon Bois; Mr. F. Halldare; and Mr. J. S. Thompson. Mr. Morrison ap peered for 73 assignment holders, or parties possessing alleged forest rights. William Lavers was then called and examined. Ho said he was keeper of Hainault Forest. Thera were 73 assign ments attached to the freehold property in the neigh bourhood. Every assignment gave a power of collecting wood in the forest, to the extent of .500 short faggots, or 400 long ones, cut front pollards. The wood was cut on the sth of November, and rem tined in the forest in stacks until the owner removed it. The owner sustained the loss if any of the wood were missing. The right to collect wood extended to the widows of Barking and Dagenham ; also to the Earl of Mornington, the warden of the forest, and to the vicar of the parish. These were the only parties who had the right of cutting wood ; except that the keepers had some wood allowed them. Lady Mildmay had stated that some years ago she had a right to collect wood, which was claimed by her under the name of " living wood ;" but she had not collected any since he had been in office. The estimated ' value of SOO short faggots, or 400 long ones, was 31. a year. In some cases the wood was removed oil the ground by the parties to whom it was assigned; in others by persons to whom they had sold it . Mr. Ilalldare—Do all the assignment holders sell their wood? -- Ntiness—No, not U. Mr. lialldare—For what purpose do you consider it to bo given to them ? Witness—l don't know. iie:ll:ll,ll:rTZLioiinteonsider, them entitled to sell it ? Witncos—l have understood that they are not. Mr. Wingrove Cooke—What are the other rights of the forest? _ . Witness—The turning out of cattle. They always reckoned 40s. rent to one cow,and 41. to one horse, uteludiug both land and cottages. Mr. W. Cooke—lf there is land without a cottage, that gives right to turn out cattle ? W ant es—Yes. _ Mr. lialldare—Suppose a cottage to have no land attached to it, does the right esist then? Witness—Yes; it was done within my remembrance— twenty or thirty years. In reply to further questions, the witness said Hainault Forest was divided into two parts, called East Hainault and West Hainault. Ile was the keeper of West Hainault, and his uncle, Thomas Lavers, of East Hainault. He wit con tinually in the Wrest. Mr. W. Cooke—Do you know anything of the deer in the forest? _ . Witnen—Well, sir, there are very few. (Laughter.) Mr. W. Cooke—Do you recollect how many there were thirty years ago ? Witur.s-1 should Pay there were then about 1,200. Mr. W. Cooke—How many arc there now? Witness—Five or six brace. Mr. \V. Cooke—Well, how did they begin to fall off? Witness—Seven or eight-and-twenty years ago we had a very severe winter ; the snow lay on the ground 13 inches deep ; one night it rained very much; the water afterwards froae ' and the deer used to drop down on the ice. The witness went on to say that just before the Eastern Counties Railway was commenced there were about four or five hundred. The navigators came to the forest in gangs of 30 or 40. The keepers made a complaint to the stewariai, as the navigators would sometimes stick 15 or 16 deer on their bucks. They (the keepers) with assistance, nearly killed two men, and three were transported for life. Mr. W. Cooke.—Are there any other causes to which you attribute the gradual destruction of the deer? Witness.—l have known pangs of 15 or 16 desperate men N be out at onec,and when we have obtained assistance and passed the bill to the stewards, the stewards would not allow • halfpenny fur the assistance. About ten years ago there were in the forest four or five hundred of cattle. From that time to the present the number had decreased. Of late there had not been 200. His walk was not quite half the entire forest. Did not know what the decrease was owing to. nom the Ist of' Juno to the 20th the cattle were driven off; they were turned on again about the 21st of July. Joseph Stone examined—Was a reeve of Barking. 40e. a cow, and 41. a horse, had always been the custom in his time, and in hi , father's before him. It was his duty to mark the beastc in the forest. Every beast that he marked belonged to a man who had a tenement rated at 40s. a year. If a man had a cottage only and no land, or land ana no cottage, still the beast was marked. Beasts were allowed to be turned in for newly-built cottages. Kept an account of the beasts turned in, and was paid 3d. a-head. By reckoning the threepcuccs ho could tell the number of beasts. Mr. Halldare—May I ask him what he does with the money ? Witness—l put it in my pocket. (Laughter.) Mr. Halldare—Suppose a man has no cow, what do yon do then ? Witness—Why, then we don't mark it. (Laughter.) We book the others, but only mark those who have cattle. Mr. Halldare—Who appointed you ? Witness—The parish. Mr. Halldare—You consider that you arc the parish officer, and not the crown officer ? Witness—l was sworn by the crown. I succeeded my father. I was never appointed by anybody. Mr. W. Cooke—You have no appointment at all, have you ? Witness—l was appointed by the parish. I marked about 400 beasts last year. There are not so many as there used to be. Mr. W. Cooke—Why is that ? Witness—People can't afford to buy cattle. (Laughter.) Mr. W. Cooke—Did you go on acting, like your father, without any authority at all ? Witness—We never bad any authority ; but I have been sworn in the Forty-day Court. Mr. Hallderc—Sworn to do what ? Witness—Not to interfere with the deer except to protect them. Joseph Howe examined—Was reeve of the parish of Chigwell, having received his appointment from the parish vestry. It was his duty to mark the cattle according be the rental, 41. to a horse and 21. to a cow. The rental tun ascertained from the rate books, which were conclude* am the point. It did not matter whether the tenement wadi or new. Had an account at home of the number of Haab marked by himself during the last year. They had bens accustomed to make their returns to the Earl of Menslie• ton in the Forty Day Court. lied marked an %Tense of four or five hundred cattle in the year. The driving day was the 21st of June, and the turning on commenced on the 22nd of July. Wu appointed reeve in 1846. He had been sworn to be of good behaviour *win& bee Majesty's wild beasts, and not to suffer any umenetedile cattle to be turned out. In case cattle were )s* r lir forest in the fence month they were pounded. At however, they were at a loss to know what to do will Sem. Formerly it was usual to take then to the Lord Illsodonee pound at Wsnatead-park. ffewaffiluee any MI loss taken to the manor pound. There INTO Mee pens& in Chigwell. The cattle were taken to the one nearest. The reeve got the pound fee, which was 4d. ,• the former, who rented under the lord of the manor, paid it. There was still a warden's pound in the parish, but the land had been let for some years, and since that time could not be used. Bounding:examined—Was reeve of Woodford, having been appointed by the parish in 1843. His duties as reeve were to mark the cattle, to see that no cattle were impro perly turned upon the forest, and to protect the wild beasts. Parties in Woodford were entitled to turn ea ass horse or two cows for 41., or one cow for 40s. Naked about 160 cattle in the year. The marking took place four times a year. The cattle were not all fresh cattle, but nearly all the same over again at each successive marking. There were more turned out in May and July thus at any ether period. Some of the other witnesses were then recalled, and on being spin questioned stated that the number of cattle which they had given was the number marked during the year ; but the same cattle, with little variation, were marked each time. Bounding recalled—Marked cattle for both Hainanit and Epping. Woodford was differently situstedfrom other Had frequently found Hainault cattle in Epping ro r r i etr . knew theta to be llainaulters by the mark upon I them, and supposed them to hare strayed. Hai: seen cattle in Epping Forest with the Chigwell mark, and also cattle with the Barking mark. Had only one mark for the whole of Woodford. j Howe recalled—The parish of Chigwell had rights both ' in Hainault and in Epping. The marks of which he bad spoken applied to the two forests. About 400 were turned upon Harnault, and 100 upon Epping. William Enever examined—Was militant reeve at Da• graham, and had held the office for 21 years. The forest rights were like those in the other parishes. Marked about 100 beasts each time. From 400 to 500 acres of land had the right attached to them. There were about as many horses as cows. There were 50 head of cattle to one deer. (Laughter.) Sometimes cattle were pounded in the manor pound of Barking. The Commissioners asked if there was anyone present who claimed any other right upon the common besides those which had been mentioned. Mr. Williams (the Earl of Mornington's solicitor), said he claimed lopeings of wood for his lordship. Mr. Gardner, solicitor, representing the Treasury, said, if Lord Murnington made his claim as warden, the Tree. eery must settle with him. There must be a distinction mails botwecn his claims as a freeholder, mud hie claims as lord warden. _ . Mr. W. Cooke said that if Lord Mornington had' any claim to make which affected the rights of the commiasionen it ought to be stated Mr. Williams said he did not represent hint with reference to any such claim there. Mr. W. Cooke supposed that there were rights attaching to the formt which the commusiouers had nut heard of that day. He would like to know whether any one pre.ent meld suggest any other rights than those which had been mentioned. _ A Gentleman remarked that there was a right of way across the king's forest from Woodford to Rumford, and he hoped that if the enclosuic took place a good road would be set out. Mr. Gardner observed that the commissioners had power to provide for roads. Mr. W. Cooke said that matter bad not yet been intro duced. He thought the crown should now be called upon to state its rights. Mr. Hulse would like to know from Lord Mornington's Agent distinctly whether his lordship claimed as a freeholder or as lord warden ? _ _ Mr. W. Cooke said the matter was one rather for the Treasury. Mr. Gardner thought the question was one entitled to consideration. What Lord Mornington claimed as a free holder, ho could not also claim from the crown in his cha racter of lord warden. Mr. Malicia° said certain parties had a right to get fern and turf, but what wu the value of that right he could not state. It had certainly been exercised. Mr. Williams said he only represented Lord Mornington u lord warden, and except in that light he could not give any answer. Mr. Gardner then informed the commissioners that Mr. James, who represented the crown, was unable to appear that day in consequence of its being seal day in the Court of Chancery. Mr. James's view wu, however, that tke question of boundaries should first be settled, and when the commissioners had made their award as to boundaries, he would be prepared to open the case for the crown. He thought it would be imprudent on the part of the crown to proceed until the boundaries were defined. Ile (Mr. Gard ner) would suggest that an adjournment should take place, to give all parties an opportunity of dealing with the ques tion, and that a meeting should then be fixed for tho pur pose of hearing objections. Mr. W. Cooke did not think there would be much dis pute about boundaries. but the commissioners had nu desire to force on the inquiry. It was very important that the commissioners should know precisely what it was that the crown claimed. Mr. Gardner said when the boundaries of the forest and those of the King's road were settled, the claims of the crown might he very easily and shortly stated, but that was a necessary preliminary. Mr. klurrison—Nlay I ask in what way the assignment holders are to be compensated for their rights in the forest ? Mr. Oardner—That is a step in advance. The inquiry was then adjourned until Monday next. IRELAND. DUBLIN, Nov. 29. A good deal of interest attached to the proceed ings of the Dublin Statistical Society, at their first meeting for the session last evening, the Archbishop of Dublin presiding ou the occasion, and the Lord Lieutenant honouring the meeting with his pre sence. There was besides a large attendance of other persons of rank and intellectual distinction. Sir Robert Kane, President of the Queen's College, Cork, and vice-president of the society, delivered an opening address, in which he touched on many sub ' jests of social and political interest. A local journal says that the Hon. Shapland Carew will offer himself to the electors of the county of Wexford at the next election. In the case of Birch against Sir William Somer ville, notice of trial was served for the 24th inst., at the sittings of the Consolidated Nisi l'rius Court before Judge Perrin ; but those acting for the defen dant objecting that it was not a case to be tried within term, and intimating their intention of ap plying to have it heard at the usual after sittings before the Chief Justice, the plair.tiff assented to the case being heard after term. The defendant has ob tained an order for the striking of a special jury, taking short notice of trial. The Daily Express states that the deliberations of the Mansion-house Packet Station committee have at length been brought to a close, and that their re port, containing the decision arrived at, will be pub lished in a very few days. A letter has been addressed by the Earl of Arun del to the lion. member for Dundalk, from which the following are passages: I oatamebkau, Tuesday, Nov. 11. My dear M'Cullagh,-1. have seen in the litiliyousni an extract from a letter addressed by you to your constituents; I Infer from it that you are threatened with an opposition at the next election. This I very much regret ; but still more do 1 regret it if the grounds alluded to in your letter are those upon which this opposition to stand. ••• I am also fully sensible of the disadvantages under which I address you, being ignorant of any circumstances except those con tained in au extract from your letter, and having no oppor tunity of making inquiry. But lam forced, from the tone of your letter, to assume, or to guess at the motives which, correctly or otherwise, you impute to the originators (who ever they may be) of the opposition to your future election. Tken, I say, that you are not the man who ought, injustice, and right to be sacrificed to expediency upon the present occasion. When we commenced the battle of the past ses sion, and until its unsuccessful termination, I had con tinual opportunities of seeing your consistent and undevi ating anxiety to throw every obstacle in the way of the government measure ; you were undoubtedly one of the first protestants who came out strongly and sincerely in opposition to it, and 1 know that you took every op portunity of making yourself acquainted with the legal I points and controversies involved, and you did not hesitate on every possible occasion to expose the mis chievous tendencies of the bill. Therefore, you have claims, I should conceive, upon the gratitude of your catholic constituents, certainly upon catholics generally. As to the vote upon Ceylon, 1 can only say that, circum stanced as you were, I should unquestionably have voted as you did. You had been in a position which compelled you to give a careful and attentive consideration to all the details of the case, and upon that consideration you had formed an opinion upon which you were necessarily bound to act. • • • It is for your recent assistance that I feel we owe you gratitude, and for the sacrifices you made on our behalf—sacrifices probably of private friendship as of ministerial favour. If your constituents should take a dif ferent view, I shall be very sorry, but I trust you will be lieve that I am sincere in thus taking the only means in my power of expressing to you the sense I am sure others will feel at the advantage to be derived from your support, and their regret that you should incur trouble and disappoint ment notwithstanding your exertions in their behalf. I do not suppose my opinion caa be of any service to you, but you may make what use of it you please. AND CLERICAL. CAMBRIDGE, NOV. 20.—BELL SCROLARSIIIP.—The vacancy in the above (University) scholarship, has been filled up by the nomination (after an examination, in which there were set oral candidates), by the nomination, on the award of the examiners, of Mr. Johnson Hall Hedge, of Trinity College. SPORTING. TATTERSALL'6.—TneRsDAT. CHESTER CUP. 1,000 to 15 eget Mr. Marttason's Haney (taken). 1,400 to 15 Mr. Harrison% Tricks Pee (weal. 1,000 to 15 Mr. S. Herbert'. Crawl Duke (taken). 3,000 to 45 Mr. H. &ebbing's Knook Knoll (taken). 4,000 to ID Mr. J. Arnod's &Word (taken). 1,000 to 10 Mr. H. llotburps (takes). DERUY. 1,000 to 10 Lord Csledon's Barbarian (tukes.) The above were the only beta laid. NAVAL APPOLNTMENTL—ADIIIRALTY, Noy. 20. Lieut. J. Trevenen to Preece Regent. Purser R. Wilson to Leander. Mate J. D'Arei to Victory. Naval Cadet B. A. A. Cepel to Rodney, Tus 811AMPE8IAN KOSSUTH TESTIMONIAL.-0110 ku;drodaad foaraaustan* are - houvem ;I, of 39, 04 - 'Change, City, have forwarded their pennies to the Daily News office towards the above fund. _ _ INQUEST ON AN OLD NAVAL OFFlCER.—Yesterday morning an inquiry took place before Mr. Bedford, at the Red Lion, York-street, St. James's-square, as to the death of James Thompson, Esq., aged 65, a gentleman of fortune, who was formerly in the naval service of the East India Company. The jury having viewed the body, which was lying at Croekford's Palace - club-chamber, , St. James's street, John Flegg , chamberlain at Crockford's, stated, ' that the deceased had resided there for the last seven months. On Wednesday morning he hied breakfast as usual, and gave directions as to whet he wished done. At half-past eleven he gave witness a stock to have a buckle put on, and on taking it back at twelve he was not in his room, and he supposed he had gone to the water-closet. In the evening, as he had given no orders about his dinner, wit ' nese went and knocked at his door, but no answer was re , turned. Inquiries were made, but no one had seen him, nor could he be anywhere heard. At last it was determined to open his room door, as witness became greatly alsrmed at seeing his silver snuff box on the taLle, his gold watch on I the mantlepiece, and his hat and gloves on one of the chairs. He then went to the waterclowt, and the door having been ' forced open the unfortunate gentleman was discovered bent up with his head on the floor, quite stiff, and he must have been dead for at least six hours. Mr. Armstrong, of Duke street, surgeon, said he found deceased as above described. He had • white neckerchief on, and a black one over it. which were wry tight, but tied in the usual way. He had sines opened the body end found extensive disease of the heart, quite sufficient to cause death. In his opinion he had fainted, and fallen down with his head on his shoulder, and the tightness of his neckerchief might have caused an overflow of blood to the brain.—The jury found that he had died of disease of the heart itatba fittelfitgence. EQUITT COURTS.—TESTERDAY. Berens sue Loans howls or Arrest. RZYNELL o. Swam—Sense e. REYNELL. This was a motion by the defeudant to the original bill that the hearing of the petition of appeal from a decree made in favour of the plaintiffs by Vice-Chancellor Wigram and the proceedings under that decree might be stayed until certain documents, a discovery of which was alleged to have been avoided in the course of the proceedings below by a fraudulent mil ' representation of the plaintiffs and their solicitor, had been produced. The suit was by bill and cross bill by Sir Thomas Reynell (now deceased) and Lady Elizabeth Reynell, by revisor, on the one side, and Captain and Mro. Sprye on the other. A decree in the court below had been obtained by Sir Thomas Reynell and Lady Elizabeth Rey nell, and Captain and Mrs. Sprye by petition of rehearing had appealed against that decree. rhe present motion proceeded on the ground that a discovery of documents having been required by the cross bill, that discovery was given by Sir Thomas Reynell, but without including a certain case and opinion or a copy thereof, it being clear that the schedules to the answer of Sir Thomas Itcynell ought to have included that case and opinion, if in the pos session of himself or of his solicitor. The affidavits in sup port of the motion were to the effect that the answer was in that respect untrue—that the documents in question were, in truth, at the time in the possession of Sir Thomas Reynell or his solicitor, and that they were untruly and dishonestly concealed by Sir Thomas Repel!, and that ho wag knowingly assisted in concealment by his solicitor. The Solicitor-Gleneral, Mr. Bethel), and Mr. Terrell, were heard in support of the motion, and tkey conteuded that the court would exercise its authority over the solici tor, who was an officer of this court, and compel the pro duction of the documents withheld ; and that for that pur pose it would stay all proceedings under the decree, as well us the hearing of the appeal, until such documents should have been produced, and the defendants put in possession of all the materials to which they were entitled fur the proper conduct of their case. Sir Fitzroy Kelly and Mr. Shaptcr, for the plaintiffs in the original suit, were not called upon. Lord Justice Knight Bruce said, that assuming for tho purpose of the argument, and for that only, the truth of the case advanced in the support of the motion, yet the ap licants would not be entitled to the order they asked. It was not competent to the court to make an order staying the hearing of the appeal, without laying down, and in fact, creating an entirely new system of practice. If the facts alleged by Capt. Spryo were true, as to which no opinion could be offered by the court, the proper course would be by criminal proceeding, or a proreeding in the nature of a criminal proceeding, or by a new bill of a supplemental nature of name other kind. With regard to staying the proceedings in the cause, ho thought there was no ground for such an application. The motion would, therefore, as to this, be refused, and with costa to be paid by Captain Spryc. Lord Justice Lord Cranworth concurred. An order was then made by arrangement, postponing the hearing of the appeal till the kith of December neat, in order to afford time to the defendants fur the inspection of various other documents, which the plaintiffs consented to deposit for that purpose with their clerk of recur& and writs. RITTIVG! AT RTPORR TR! Loam COAMT.T.COR, IN ILE ROYAL BANK OP AI:811%11.1A, Ex PAIL fr. BUT WINDINO-UP ACT..-I'AItrSEKSUIP LIAI.IIL _ _ .....,.. This was an appeal, by the official manager, front a de cree of Vice-Chancellor Sir James Knight Bruce, under the Winding-up Act. It is a question of some importance, touching liability as contributories. The partnerehio was constituted by deed executed in August, 1834. Mr. Sutton was an original shareholder, and had signed the deed. In 1810 and 1811, he transferred his shares, for v due, to a Mr. Malcolm, who bound himself, according to the terms of the deed, to pay all calls that might he made thereon, and to observe all the covenants of the deed of settlement. 'the question turned on the construction of the 108th clause,which was in these terms: "'That whenever, by any means what soccer, any share shall become forfeited or shall be dilly and effectually transferred to a new proprietor, then and in such ease, and not before, the responsibility of the former proprietor in respect of such share shall eta-c and determine, and such former proprietor shall be ex onerated and released from all subsequent eiaiins and obligations in respect of the same shares, an•t from all future obligations of performance of the covenants, rules, regulations, and provisions affecting or which ought to be observed or performed in respect of such shares ; and the entry of such forfeiture or transfer in the share register book shall be legal evidence of such share or transfer." Mr. Sutton, therefore, claimed to he dischan:eil Flynn all liability in respect of the shares which he had held in the company. The Viee-Chancellor held that he was discharged from liability under that clause, without, however, entering into the question of a contingent liability of pail., in the same position as Mr. Sutton, inter se, should any of these be held liable to the creditors of the company. Against this decree the °Mehl: manager appealed. Mr. Holt (with him Mr. Matins and Mr. Daniell) was now heard in support of the appeal. Ile took exceptions to the decree on two grounds: first, that the interpretation of the 10Sth clause was on a question not raised between the official manager and the party sought to he charged ; and secondly, that the portion of the decree which held that the court was not to consider the contingent liabilities was con , trury to the principle of the Winding-up Act. With re spect to the first objection, it was contended that as between the creditors and the transferees the 108th clause was not binding, however much it might be binding as between the transferror and the tranferree. On the second point it was urged that the proceedings under the Winding-up Act were in the nature of an extinction of the equities between the parties, to obviate any future proceedings, such as actions at law or suits in equity between them, and was contrary to the principle laid down by Lord Cottenham. Mr. Roundel! Palmer (with him Mr. Hetherington and Mr. Combes) was heard contra. The Lord Chanceller took time to consider his judgment. !AMU MS lbarra or TIM ROLLS. TOE NORTH VIE7T - EWitrIL . W - A - ; COMPANY C. TOE COW. FORATION OF LANCASTER. Mr. Roundel' Palmer moved that the defendants in this suit be required to pay into court the sum of 3,4001., ad• milted in their answer to be in the hands of their treasurer, and the further sum of 1,0001. admitted to have been re ceived by them, sad to have been advanced by them to the local board of health. It appeared that the corporation had entered into u contract with the company for the sale to them of certain lands belonging to the corporation, but that a dis pute had arisen as to whether Barbadoes street was included to the contract. The company took possession, and alter 601110 negotiation, the corporation brought an action of ejectment, and obtained possession, and then the com pany paid, under protest, the purchase money agreed upon-6,0000., and took a conveyance iu which Barbadoesetreet was not included. The cor poration had applied 1,6001. of that amount to pay off a mortgage, and had advanced 1,0001. on loan to the local board of health. By the Lands Clauses Consoli dation Act, chap. 69, it is enacted that in cases where cor porations are vendors, the money must be paid into court, and applied in the purchase or other land for the corpora tion. This money had not been so applied, and the rail way company were liable to pay the money over again. Under these circumstances, he moved that the money bo paid into court. Mr. Loyd opposed the motion on the ground that it wan seeking to obtain that by motion what could only be ob tained by decree. The Master of the Rolls directed that the 3,4001. should be paid into court, but not the 1,000/., saying he did soon the principle that the fund should be secured pending litigation • and the 1,0001., though not applied in the Linn ner direct ed by the act, was secured. Buoas VICIFCSAIICILLOI Mom THIHITZES OP THE RIVER LE► V. THE NEW RIVIta COMPANY. _ Mr. Calvert moved foiit;i;junetion to restrain the de fendants from proceeding with some works, the nature of which did not transpire, but the effect of which was stated to be to diminish the quantity of water to which the plain tiffs were entitled. Mr. Teller appeared for the dercndanta ; and it was arranged that the case should stand over until the last day of term. Bernie VICFCILANCMLLOIIEsassa. noun v. SMITH. An injunction had bun granted to restrain Mr. Allen Smith, who had been a tenant of the plaintiff, from sel:ing or disposing of any hay, clover, or straw, produced upon the farm and lands rented by him of the plaintiff, situate in the parishes of New town-Linford, Marlfield, and Barden, in the county of Leicester, and from removing from off t h e said farm and lands such bay, clover, and straw. Mr Bacon and Mr. Reguier W. Moore now moved, on behalf of the defendant, to dissolve the injunction, on the ground that there was no sufficient evidence of the custom of the country which had been set up as to the landlord's right to have the produce of the farm left on the farm. Tho agreement to which the parties had come was verbal, and, except by express stipulation, it wu submitted that a tenant under a verbal agreement was not restrained from selling the produce from off the farm. Mr. Malins and Mr. Metcalf, in support of the injunc tion, said that the custom was supported sufficiently by the evidence, and submitted that the agreement did not Mkt) the cue out of the custom. They also alleged that the tenant was a trespasser, having held over idler the expira tion of his term. The Vice-Chancellor thought he must continue the in junction, and that the agreement was not sufficient to Pre vent the ease from being controlled by the custom of the country, but the plaintiff must undertake that, on the value of the produce being ascertained, he would pay the amount within a week, the defendant to undertake to give up pos session, and the coots of the motion to be costs in the CEDES. RAYLEY V. TEE EAST AND WEST INDIA DOCKS AND JCNCTION RAILWAY COMPANY. Mr. Dialing, Mr. Follett, and Mr. Logic, supported a motion for a sequestration against the company for commit ting or continuing to commit a breach of an injunction granted, and an undertaking given by the company to the plaintiffs on the 3lst of last January and the Bth of Febru ary, when the cart was before the N'ice-Chancellor Bruce. It appeared that the plaintiffs are the owners of a rope walk neer Poplar. They alleged that an undertaking to • , so i. lid bridge over tho railway, to the satisfaction • Brunel, had been violated. The opening of case wasnot concluded when ••••••\ 4 .11, robe, and. the motion was ordered to stand over . -. s .?.; • . ✓ I I :4 • k 7 1