The Express. — London, England, 1851-11-05 00:00:00

- . - etwitTs. :EsTERDAT. • P 11, I Jg Tim AT rOIVorT•firSIIIAL Tlll. 0.41../UATIII,I or :ttoS. Mr. Smut, Mr. Lr, awl Mr lin...ash-nil' were heard kr the appellants upon the app.,: motion in this case. '''hey mid the object of the motion was to obtain the discharge of an ee kr for herebyi made by the late Vice Chaseellor of Eughin I, he delesul.ate (the appellants) were restrained from applying or 'spending any portion of the baroagh land of the cerpuratien towards the soli or pro-ecutintr, se endeavouring to obtain a hill in parliament to enable them to improve the mans: inn of the river Wensunt or Yore, which Sows through the city of Norwich to Yarmouth. They stated that the projected impluvement would tend ere dly to the benefit of the inhabitants of Norwich, by facilitating the tett-, of shipping to their city, awl ineress. Ina the tr.ale thereof; and that by the 92nd section of the Municipal Corr...cations litforus Act (d & 6 Wm. IV., e. 76), they, the aveillentg, were authoriacil to apply any earplug borough laud, after papal. ut therimut of the vale ri, s of the nias or, recorder, town clerk, and treasurer of the corporation and other tare neem specified in the act, f,r the puldic le audit or tie inhabitant., and improvement of the bornugh. It appeared that after payment of the en prints in the last art, there had not been in any year since the 'miming of the act say surplus of the borough fund; but they contended that the enactments of the statute en abled theta to a; ply the staple. borou,rh fund that might at any (lOW, accrue in procuring a power from parliament to improve the navigatien of the river. It appeared that the Vice Chancellor bail granted the injunction on the ground that t.c euactinenta of the statute haul reference to the law cie it exited when they were made, and that they did not anthonse the corporation to apply the funds in out J.. power* which were not then vested In them. Mr. Heil ell, Mr. Walker, and Mr. Itogcrs were for the inform mt and laton, and were called upon to address CO' C.lrt Only aA to tilt tiUtStIOII of cods. Upon the it con.enting to a declaration being inserted in the order to he made, to the effect that the injunction was not to Ire cea•elered as restraining or relating to the ex penditure or appecatien of the leiromth fund fur tiny other pure., Cam the ...heating, prosecuting, or endeavouring to Mg on a t..il in parliament for the purpose of enabling theta to u. u pen, widen, or improve the navigation of the rimer in the pienlings mu sitioneel, Their lordeliips reboill the motion with mete. Urn.. fI..M UN TM{ SOYA MIMI O. WAT•II2I. This was n p trines of the est coons of the plaintiff theet the cam now en court to the credit of the cause be paid over to th to, and thereby to put an end to the cause. cult iii.tituto 41 by the Itcv. James Gni; the plaintiff, a4ainst the defendant, who was his solicitor. In 18:36 Greg placed 3,01X.11. to the• hands of itVatstiti to invest for him. Watson did invest it, but on a security which turned out to be ins saffirieht and he invested the money in his own name in stead of that of the plaintiff. The lulu eat was paid by Watson Gomm time to time until 1411, when, falling into Amur, the suit was instituted, :MI a decree wee mullet that the estate lee sod• 1, thit the proceeds should be paid into court, anel that the plaiutiff should be paid out of them, and that in ease the &meant weer ineulticient the private estate of Watson should ha liable for the deficiency. In November, 140, the plaintiff died, and his executors re silted the sail. Ihe estate was sold, and it produced 1,4611. Ms. 7d , which had loon Fetid into court, mid with the interest mow amounted to 2,ol•11. as. The defendant had -theeh enema bankropt, but his estate hail paid no divi dend, cane was it likely that it would. The case had been rel. er.l t e the NI ester, but her It ell not made his report. 111. Honour directed that the petition should stated over, 0111 d that the Master report us tee the amount due ; tlitit thee the petition he amendial, an I he would make the order at new. ...•....• . I% RN TUN MONNIOUT 11,011/1 AND OLANOUOABwIIIRII BANILINU 17011 VAN AVON TNUSX TUE WINN. 110 14. MT. • • • Mr. It. and II Palmer appeared in support of a petition by Margaret Ilenkiti, that the affairs of this bank be wound up utuli r , 14.• Wi.itling-up Avt.lk• were sevens other petitionn in reference to the same matter. The Solleitortieneral, with Mr. W. P. James, appeared in %oppose 011.• 6 . 0111 a committee of sharehol ders; Mr. Marell oriole by Mr. Bennett, a shareholder, again.t wind iog up; and Mr. Freeling is support of one drum Mr. Jane , alor a shareholder, for winding up. The Soli. montaviteral .aid this matter was one of im menar import:urn , Mc...lying, it might hi, the welfare of a whole county. It hied better be brought on fully it brought un at all. Ti,. set allowed reference in this matter as the coon should see fit, and the petition be nupportell was, that if anything was dune at all there should Ine a preliminary inquiry before the Judgo:ul the County Court. It would unquestionably be to the int, rent of all parties concerned if the matter shoulil lie allowed to stand over at present, there nut being a numb: erielium taking any proceedings. it having been umunisoon.ly resolved at a meeting of the sharettotiter. that steps should be taken to wind up the strairn of this unfortunate company in such a incliner an to prevent immediate steps being token by the creditors. The shareholder. vei re mint irf them inninemstern, having very barge work, in that part of the country ; and, if they were allowed to mak , a gradual liquidation, they would be able to tarry ink works thonamh the winter ; whereas the inshentani eon effect of may under of this court to bring the bank under tile Winiling•up Art would be a rush by the creditors, and tho Cioloviefire would be a total break up of the very nn .41,0 by which the creditor. were to be ickitl, and the throwing out of employ anent an immense nuother of lallinin.rie in that part of the country. Mr 'touted. II Calmer said the petition he was going to open ninspl, prayed for a winding-up order. It was from a shareholder n. 4.1 Margaret Rankin, the holder of 48 Acm e s of 2. . each, a considerable amount of which, but not the allot ~ had Is i.n paid up. The onnpany was formed in pcio, to carry on tho banking in several in Molimoutleslore and the neighbourhood. The eump flay men sensed Uncap...lees as flunking large profits, and dis lin tad. wen• pawl trona time to time, when suddenly', thin year, un the lath of Octola r, it was announced that the C eines...rend Bank of 'Ashton had declined to honour their dulls, and therefore the Monmouthshire: and Glamorgan- itink dnewitinueil bi jn, s. A meeting ol the "'late- Ikukkis r.t. helot nu the I ith °eviller, at which it was stated that the liabiltins were 54 . 43,;901 , in . . . . . . which estimate they included it lee likely to 'arise from out-tooling Inns of 24,000/., but the amount of the iris 210,000/. 1/n the other side there was cash nod lolls lars,olll. that beine the amount of their most available a -wt.; cloths ries, noes s e re., 43,119/. •' seeuri ties in the Isanda of the IsoislosiJuint Stock Ilank,lM6,3OlL, giving is total id 103, ; and then there were "dormant areousits," V. hid% included • portion of the 403,1611., and the prop. s*.v aunsirsaisof to d 4.119/., making the whole anemia te;1,, , i3/. Then, the petitioner stated that in con sequence ia advances to shrettore and others without sein rity there ould 101,0110/.. to make up in order to satisfy the its matide of the airs CWr, she stated the pros-ea-ding. were heing taken by sdverse share holders, and that v•1/109114 questions would arise which could only be decided by the court, and therefore she pis kraal tue usual petition that the bank should be brought trod r tbs• operation of th.. Winding-up Act. ;against that petitisso th,-re had 1.4,11 hied omie affidavits which might he into two classes, affidavit. of pereonal attack and Atti la its that the court might riereiM iU discretion and not grant the isr....ser of the petition. This lady was the widow an a givitleinan who hat held a ritualism in one of the ado nis., and elle now conducts an estahliahnsent for the riluca tem ot yonsig ladies at Weston-toper-Mare. It :ippriarVll that she had a brother who was a solicitor at Halifax in lorkdore, and he very naturally was employed as her soli mtor. Auotle r gel/a...um° of the same name (Itankii9,l who was h. r husband's brother, who lived at Bristol and was a wine merchant, being, an be stated, without any peseonal interest as a shareholder, hail called en tin. lady. ante the advertisement append of her in. minion to pre wist a petition. and repreveuted to her that she bed s ceu taking a step which might entail upon her mimosa eimeesiusncess, and he prevailed upon her, without communkating with her brother, to write a letter to the London agents of her own solicitor, that she would take no further steps in the matter, and desiriug them nut to pro ceed is it, 411 d al the Mme time she wrote a similar letter to her solicitor. Thereupon her solicitor again communicated with her, and the result was that she determined to go on with the petition. The eon's's] el am of affidavits were to induce the court to do nothing, or that it might be sent to the rummy court. It appeared from thew affidavits that on the 13th of October a meeting of creditors .was held at the Town 1141, Newport, and they appointed a ennimittee to investigate the affairs of the bank. On the leth a meeting of shareholders took place to raise such a NM of msnie) a, would prevent the ruinous consequeuces of etopping, at which a committee was appointed, and at which it was resolved to rein- and apply .5,00111., which it wee stated would pay all the creditors under NI. Then a eneeteig of creditors was held on the 20th of October, at which it was resolved that in ease the shareholders should by ceotributi ms raise the turn of 100,0001., or sorb sum as will yiebl a dividend of ds. in the pound to the share holders by the Ist of January, and realise the avail able assets of the bank, which would pay another dividend of reasonable time should be given to the shareholders for realising the " dormant amounts" to be applied to the payment of the remainder; and at a subs*• eluent meeting 01 the committee of shareholders it was re solved that if the creditors would wait, they would raise amongst themselves su ffi cient to pay :ea In the pound im mediately. Now it appeared from the report of the COM =Mime of shareholders that, assuming the total liabilities at 608,6101., and deducting the securities and available assets, there was a deficiency of 3221. 3.. I ld. to be made good by the shareholders, and that a contribution of 201, per share from each shareholder was the very lowest amount that would mw t the emergency. It appeared also in reviewing the management of the coneeru, that very large amounts had been advanced to directors, shareholders, and others, without security, which had been applied is carrying out profitless speculations; that 120,000/. was advanced in 1842 to one of the directors, Mr. Bls Witt, who wan also the mese tend officer of the company, and that no interest had been paid on that sum from 1112 to the present time ; and that 0,0001. had been advanced to Mr. Phillip Jones, another di.-ector. lie contended tberetOre that this was • case within the act, and secondly that this bank was brought into its present position not merely by negligence but by such culpable mismanagement and misconduct as would involve mural responsibility on the part of the directors who bad been concerned in the management. These facts showed that there ought to be the strictest investigation, and it could not be conceived to be even probable that jos. lace could be done in winding up the affairs of this bank merely b levying a contribution of 201. a dare on the altarekol&rs. Mx. Rowlyargh followed ow she muse die. The Solicitor-General, in reply, contended that no order should be made, but that the petition should stand over in order that the c...art might see a hat steps were buns title taken in order to promote the best iatertsts of all the parties cone rued. lye state.' that the panic in Monmouthshire and Glamorgan.!.ire was quits so great as that which pre vailed in the• h of the country at the latter end of 15:5. whole of ths . district dreads: the affairs of this batik getting into Chancery, as the inevitable result would be wide-spread ruin; and he contended that this wee a ease in which the court could properly exercise its discretion in suspending the order, or that at any rate before making the order a preliminary inquiry should be held before the master or before the judge of the county court. Mr. W. P. Janice followed on the same side, and The further hearing of the case was then adjourned until this day. Barnaa Tscs•Caerareacia SPARROW e. THE OXEOHD, WOACESTED, AND WOLTIDe RIILWAT Costresor. This was an applicatem for an injunction to restrain the defendants from proceeding to obtain possession of certain portions of land, which the plaintittit contended formed au important part of their manufactory. The Solicitor-General was heard on Monday, and the facts appeared in our repurt of the proceedings of that day. Mr. Shapter was now heard on the same side, and cited a number of cases in support of the propmitione which were laid down by the Solicitor- General on behalf of the plaintiff.. The Vice-Charmellor inquired of the counsel for the de fendants whether they could expect this case to be decided without the opinion of a court of law being taken. Under the recent statute 14 and 15 Vic., c. 83, sec. 8, great facili ties were provided for obtaining the assistance of a common law judge. And though he was always much more inclined to decide eases himself than to send them to a court of common law, yet there might be cases where he should feel compelled to adopt the latter course. In the present ease, he felt that the judgment of the Vice-Chancellor of England in Brocklebank v. the Whitehavt Junction Rail way Company" was astroog authority in favour of granting this injunction, and though Lord Cottenham did not appear to agree altngt thee with the view taken by the Vice-Chan cellor, still he considered that be could not decide the ques tion without having the opinion of a court of law. Mr. Holt, on behalf 01 the company, mid lie thought he should satisfy his honour that the courts of common law had already sheared their opinion on the construction of the statute, and that it would be more convenient to have the case argued. Mr. Shapter then argued that the giving a notice that the land, would he requiryd in aocaniante with Sec. 16 of the Lands Clause. COll,Olll.l4tiCH Act, was no part of the corn pubory proceedings, as it might end in au agreement, and that in "Adonis c. lthickwall Railway Company" (2 M'N. and Ger., 118), the Lord Chaueellor laid it down that giving the notice did not amount to a contract even if acquiesced in. All the caetc in which the courts of law bad decided not in conformity with the views of the Vice- Chancellor Shudwell were cases where there had been not only a notice hut an eutry upon the lands, and that circum stance was remarked upon by Mr. Justice l'atteson in his judgment in Due dean Armietead r. The North Stalihrd shire Railway Company." The learned counsel then argued that the affidavits showed clearly that the portion of the premises whe h the company proposed to take were essential to the carrying on of the manufactory. Mr. !Holt, on behalf of the company, relied on the broad proposition that the *try ice of the notice by the company con titated a binding contract between the partiesontlestuleislied the relation of vendor and purchaser. the contract might be different in its incidents from ordinary contracts, uud, if laukeu by either side, the remedies which the courts would apply might be difkrent ; but that was immaterial, if there woos contract before the expiration of the time for compul sory purchase had expired ; the matter might be proceeded with afterwards, and a landowner might compel the com pany to take the necessary steps for determining the prim. The hardship upon the owner was, that after the passing of the act he was uncertaiu whether or nut be shall have to part with hie land, and the limitation of time was intro duced to limit this hardship by reducing the time of un certainty to three yearn; and within that time, if notice is given, the unterhuhty is at an end, and the landowner may compel the cutup:tin to proceed. In Osburies case (19 Law Journal, Q.B. 453), which hod since been confirmed by thy Exchequer Chamber, the Court of Queen's Death granted a mandamus to compel the company, utter the ex- ' 1 piration of three years, to take steps to have the amount of compensation ascertained, at the requisition of an owner to whom they hail gist n notice of taking his land within the three years; and the case of Armistead e. the North Stattortl Railway," throws very great doubt upon the Brocklehank ease, from which Mr. Juu bee Patti:sun, in his judgm,iit, dissented, and in " Stone r. The Commercial Duck Company," Lard Cot tenham laid it down that the notice was a contract, and it had been even doubt, d whether it is not a contract to such all extent that the company cannot vary it by serving a se cond notice. With respect to the question whether or not the cinupany were bound to take the whole manufactory, he maintained that when premises had been built as was the cue hem, after the lei:sing of the special act, the 92nd see. threw the onus upon the landowner of satisfying the court that they had to ell built Luna tide, and not the the purpine of claimina cumpeusation, and that the affidavits were defective it, that respect ; and also that the clauses in troduce' into the special act stopped the plaintiffs from claiming town the whole. Mr. Rosin followed on the same site. Mr. Simpler was heard iu reply. The Vice Chancellor ~ iid he wished to know whether the parties would be satisfied to take his opinion in conjunction with that of u judge of one of the common law courts, as a dual decision of the case iu the present stage of the proceedings ?—lie meant final, so fu as to agree not to press to have the case hereafter sent to a court of common law, and not to object that the matter was deterrniuid au,nu.ion instead of upon a hear ing of the cause, he of course did not wish to cull on the parties to debar them...lris from applying to a court of ap peal. If that course was nut agreed to he f..ared he could only determine the case by granting an injunction until the opinion of a court of law could he taken, because he could Out ask a judge to come here and determine what was to be dune in a mere interlocutory matter ; sad he thought the cases which had been cited train the common law courts did nut clear away the difficulties raised by the Brucile hank case, and the matter was of too important a nature to the whole railway interest fur him to decide upon. It was then agreed that the parties should take till the ' nest morning to decide whether they would accept the pru -1 posal of his honour. 16nroas Virt-entweu.oc Nun Rsousio KINDISSAT. ul'Yl\lellU or TUE COVILT._ The Vice-Chancellor suggnted Co - illbar whether it would nut be the mu,t desirable course that the petition list should be proceeded Several counsel crreed with his honour upon this view, and stated that owing to the list having beeu so often ad juurned the expenw to the portico had amounted to on emninous sum. Ilw I leLky had hven most ruinous, and it was highly desirable to dispose of the petitions before any other business was proceeded with. COURT OF COMMON PLEAS.—YESTERDAT. krrtmos u rAxcv.—Buvas Cns,r Juonce, hillVt. ' NIL 'mica 1114.. a, Ma. Jintr. WU-W.IIN a•D Ma. Jt TALAWILD. NLW QUELN ; a CUt NOEL. At the sitting of the court this morning, the following gentlemen appeared iu court, and were directed to take their seats within the bar us Queen's Counsel, viz.: Mr. Ingham, Mr. Will111 , 1it!, Mr. l'hillimore, Mr. Mellor, Mr. Warren, Mr. l'astrice, Mr. Bramwell, Mr. Hugh lldl, and Mr. CollloliailiUller Hargrart.s. IIoWAMD T. OF A STAND A/ ItAc The plaintiff in this car• was also plaintiff in the cele brated cue of Ileaard v. Gossett, - and he brought his action to r. ever damages for injuries sustained by him In consequeuve of the e,•tendant's stand falling. The cue was tried belore Chief Justice Jervis at the last Surrey Assizes, and a verdict soar i1.111.1a fur the plaintiff for Is. Mr. Serjeant Chantidi now stated to the court that tha injury the pLaintilf sustained was the breaking of the small bone to his leg, and that this motion was for a new trial upon the ground the: the verdict was a perverse one, or at least that the datuau.> given %era utterly inadequate to cover the plaintiff . > ,jury. The Chief.) ii , tiee 3.liti that the ease was not an aggra vated one, for the der: icon; employed the carpenter to put up the stand, aho had erected it for many years, the cause of the accident being that sumo of the timbers had become unsound. Mr. liericant Channel! dii not charge the defendant with any personal misconduct. bat his position was simply this, that the defendant's liability having been proved, the damages were inadequate to the injury. lie apprehended that one thing which influenced the jury was that it had nut been shown that the plaintiff had paid anything for medical attendance. The truth was that he lived next door to his son-in-law, who was a medical man, and who attended him. It appeared that this gentleman had made no charge against the plaintiff, but he stated that his bill to an ordinary patient would 1. tee been about 20 guineas. The Chief Justice said that ho could not see anything to lead „him to belie, e that the jury had given their verdict I from any improper motive, and this being so, he agreed with his learned brothers in thinking that there should be no rule, for the question of damages was one entirely for the consideration of the jury. I Rule refused. • M•is.,natt C. TUE YOUR, NEWCESTLE, AND BERWICK I RAILWAY COMVANY.—AcTION FOR Lou/ LI:GOADS. Mr. Ilumfrey, Q.C., said that this action was tried at the last Westminster sittings, be fore Chief Justice Jervis, who directed a nousuit, but gore the plaintiff leave to move to enter a verdict (or 3111., the value of the lost property. The facts of the case were these .—The plaintiff was at the time the cause of action arose valet to Lard Adolphus Vane, and as such travelled with his lordship upon the defen dants' railway. The declaration stated that he was a pas senger carried for hire, pain by him to the defendants, and that being so he lost his baggage. The fact, however, was that the plaintiff's fare had been paid by Lord Adolphus Vane, and this being so it we. objected at the trial that the only person who could sue the company was his lordship and not the plaintiff, and the Chief Justice agreed with the objection, and noasuited the plaintiff. rhe only question now fur the court was whether the Chief Justice was cor rect in ruling that the plaintiff had no cause of action. Rule granted. PRACTICE OF THE COERT. In consequence of no other motions being made, the court row shoal; before two o'clock, there being no bonnets to proceed with. The Chief Justice, however. drew the attention of the bar to the fact that the time of the court had been as yet eeseparatively unoccupied, and that being ao it would be unfair to the other stilton to allow notions for new Weis to -- - THE EXPRESS, WEDNESDAY EVENING, NOVEMBER 5, 1851. he made Aar the tint four daps of term. It mould them ; fore be prudent for int:dealer who had aew trials to more to do so at once, fur atter the tour days had expired, the court might pure, and decline to take motions. COURT OF EXCHEQUER.—YESTERDAT. arses 11. r INK LUND Lump Items, Ms. Hamm Paste. Ma. MAW,. ALIMINVP, •Sto Mk. Maw., CILOSS V. CHT.Millett.—PltobtletloltY This was an action brought upon a promissory note for 2681. 2s. 3d., which was tried before Mr. Justice Williams at the Mat wires at Liverpool, when a verdict was found for the kliaintiff for the full amount. Mr. 1. Jones now moved for a rule to show cause why the verdict should not be set aside and a new trial had on the grounds of misdirection and surprise. It appeared that the plaintiff and the defendant had formerly been in partnership as salt manufac turers at Northwich, and that the defendant had given toa Mr. Firth, the banker with whom the firm banked, n promissory note signed Cross and Cheshire, for • balance of 26$f. 2s. 3d. being a debt due by Mr. Cheshire to Mr. Firth on hie own personal account. The present plaintiff had been sued on the note and had paid the amount, upon which he brought this action against his partner fur money had and received. The misdirection, of which the learned counsel now com plained. was that as Mr. Cross and Mr. Cheshire had been partners, the former could not sue the latter for money had and receive', but should have taken proceedings in Equity, and therefore the learned judge who tried the ease ought so to have directed the jury. With regard to the surprise, the learned gentleman read an affidavit from the defen dant's attorney, teem which it appeared that although a letter was produced at the trial in which his client admitted that the note was given for his private debt, yet the plaintiff up to the time of the action being tried had nut so treated the matter. On these two grounds Mr. Junes submitted that his client was entitled to a rule. The court was of opinion t. n st the learned judge had cor rectly laid down the law when he told the jury that the action fer money had and received could be maintained. With regard to the complaint of surprise, although the de fendant might in some degree have been surprised, yet 115 upon his own admission the equity of the case was ag.iinst him, the court thought no rule should be grunted upon that ground.—ltule refused. _ _ _ FITIVIL.Ii AT NIAI RAZ. NAOMI, MIDDLEMAS V. HOOKER.-THE MIT ALT HISSVI WITNENSES. This case excited considerable attention, apart from its intrinsic interest, from the circumstance that it was the first in which the new law admitting parties to a Suit to give evidence had been acted upon. Mr. E. James, Q.C., and Mr. John Locke appeared fur the p laintiff; and Mr. Knowles, (44..., with whom was Mr. Hawkins, for the defendant. It was an action to recover the sum of about 401., the balance of a debt alleged to be due ter a steam engine constructed by the plaintiff fur the defendant, and for which a verdict had already been given at a previous trial. it appeared that a contract had been entered into, but Mr. James contended that it hail been nbandoned by the implied consent of the parties. The plaintiff having been sworn, stat, d that lie was a maker of steam-engines, and lived in the City-road. In September, 1850, he had entered into an agreement with the plaintiff, a print ing-press maker in Old street-real, to construct for him a steam-engine of four-horse power. The agreement was in writing, and stipulated that the engine should be of good materials and should be put in good working order for a sum not exceeding 1001. On the other hand, the defendant bound himself to pay the plain tiff the main of 21. 101. per week fur eight weeks, the balance within fourteen days after the erection of the en gine. The partite met at test foundry of Mr. Parry, where they looked over wine patterns of castings fur engines of four-horse power. The defendant selected the patterns, and also ordered the boiler at the boiler makers. It was a six-horse boiler, and plaintiff made from the castings fur nished him a nix-horse engine. Told defendant that it was a good six-horse engine, but the defendant passed it off, and would nut give him a proper answer. This was when the engine was three-fourths made. The engine was after wards bent home and finished en the defendant's premises. Defendant gave him the 2/. 10s. the first week, 31. the second, and 21. 116. tor the six succeeding weeks. When be stepped payment, plaintiff stopped work. Defendant asked him the reason, amid lie told him that lie could not go on without souse alteration, and unless he was to have some more money. Def. nelant replied that the work must be finished, and that lie would see about the payment. Defendant also told plaintiff that he must stick to the agreement, upon which plaintiff told him the agree ment was nothing to him, fur he could not do it for the money. Alter desisting from work fur about three days, be went on with it again and finished it. lied no further conversation with the defendant until the engine was com pleted, and then the defendant would nut collie to any set tlement with him. Witness got no more money until a fortnight after lie went to work again, and then he received 24; and on the 21st, the 21th, and the '2Bth of December, he received the sum of 11. each time. Altogether he re ceived 311. ' out of which ho found a portion of the mate rials. With the boiler, the castings, 61. c., he considered that he had received 1071. The engine was worth 2.11. pee horse power, or IdOL, instead of 1002 When he asked defendant fur a settlement at the completion of the work, he laughed at him, and said lie had amply paid him, and would abide by the agreement Plaintiff replied that the materials and the boiler had cost a great deal more than he expected. Wituces had bought a 4-horse boiler a short time before for 18/., and this cwt 241. Delitudant would never show him any bills at all. If the boiler were for a sin-hone engine every thing else must be in proportion with it. Cross-examined by Mr. Knowles—Did not see the boiler until he had gone un with the work fur six weeks. fly the agreement the boiler was to be 12 feet long by 3 feet Gin. in diameter. Witness had only inielsured it outside, and it was 13 feet 6 in. lonic. Plaintiff had only been in a small way of business, and this engine had reduced him to be only a journeyman. It was because Mr. Parry would not trust him that the defendant had ordered the castings and the boiler. Witness found out that the engine would be a 6-hors: when he gut the cylinder home. flail hired a I lathe at Mr. Jones's, mud the cylinder had been turned by a man in his (plaintiff's) employ. Ite•ezamined—The demand, in fact, wan all for labour; and that labour was dune from the castings sent witness. flail made 4-horse engines with castings that cost only one third of what this had done. Wm. Anderson, an engineer, had seen the steam engine when it was half finished It was a six-hurse engine, and would be worth 251. the horse, or 1.1(11. Antrubus. a cabinet-maker, drove the defendant up to the plaintiffs to look at the engine. Witness asked plaintiff what size it was, and he said it was a G-horse. lie added that he must have more money for at than had been mentioned in the contract. Plaintiff, who must have beard the remark unless he was deaf, said nothing. C. IL Jeffreys, apprentice to Middleman, proved that the defendant wan continually calling at his muster's while the engine was in the course of construction. Mr. Knowles, Q,C., then addressed the jury for the de fence, urging that the contract had not been set aside by the defeuthuit's supplying the materials; but that it had been acted upon throughout, the defendant merely supply ing the castings because the plaintill's credit was °ad. lie then called. Peter hooker, who said he was quite unacquainted with the construction of steam-engines. Middlemas ordered the castings himself. Went to his premises from time to time, but he gave nu intimation of the change in the size of the engine. It was completed on the lot of February, when witness told the plaintiff that it was left in a slovenly man ner. Plaintiff replied, " Slovenly as it may be, I shall make you pay a great Jeal more than we agreed upon, for it is a sia-horse instead of a tour." Witness said, " How is this: 1 never authorised you to make a six-horse engine, and, if you have dune so, you hive dune it on your own responsibility." Never saw him again, nor received any communication from him or his attorney, until the action was coiainenced, which was before the expiration of the It days mentioned in the agreement. Did not hear the plaintiff say, in Autrobus's presence, that it was a six-horse engine. Peter Hooker, sal, father of the plaintiff, was present at the interview ou the Ist of February, and corroborated his sou 's evidence. Freeman, in the employ of Messrs. Horton and Son, the boiler tuakere, proved that the boiler was the size spe cified iu the agreement. It would nut be large enough for a sin-horse engine. Edward Parry remembered the plaintiff and defendant meetings, hisfuundry and looking over the patterns of some 1-horse engines. 'those ',amnia had been used a kw months More to make a 4 horse engine. One of them was marked "4 hs." There were about 100 patterns in all. William Farmer, Richard Crickmer, and Robert Rams den, engineers, had examined the engine, and concurred that it was only a good 4.horse engine, or a 6-horse at the most. Mr. James addressed the jury in reply, and Baron Martin, in summing up, took occasion to a ll u d e , i n terms of appioval, to the late change in the law of evidence. There were two questions tor the jury to determine, namely, whether the engine was really more than a 4.horso engine, and whether the contract had really been set aside. The jury, after deliberating about an hour and three quarters, returned a verdict for the defendant. The court then adjourned till to-day. BRISTOL COURT OF BANKRUPTCY. Benny C.maimiosra Ma. Saustsir bramm. IN AZ WILLIAMS AND WILLIAMS, &ANIMUS, NEWPORT - - omitocr sis mat). This was a meoting for the choice of assignees. A sitting fur proof of debts was also held yesterday sod to-day, when proofs were pint in making, with the sum proved before the registrar (Mr. Tuckett) at Newport last week, a total of upwards of Cd,ollof. At the sitting yesterday the points raised were of a purely technical character, and not call for a report. Mr. John Bates, banker, of Bristol, and Mr. Samuel Homfray, of Monmouth, ironwaster, were appointed assignees to the estate. During the course of the proceedings it was intimated that application would have to be made to the Court to allow further sittings for ',root of debt, to be held at New port, as there was a large number of persons holding single 6f. notes who had not yet proved, and to whom it was de sirable to save the expense of coming to Bristol for that purpose. Many of the parties were PI, sad many lived at a distance. They had sent in quite as tarp a number of proofs as could be expected in four days. LNSOLvENT DEBTORS COURT.—YESTERDAY. BLrosa nes o'ultr Conn IN THE MATFER OP ALFRED W. This insolvent, a young man, appited to be discharged from prison. Mr. Bargood opposed for two creditors named Cooke and Knight. Mr. Cooke supported. The insolvent was described as of Trinity College, Cambridge, and as a I gentleman. On his examination he stated that the present was his first appearance before the court. His debts were about 4,1001., incurred within the last three %von. He had received no consideration fur about 3,5001. of the liabilities, which arose on bills of • %change given fur money lust at billiards and on horse racing, and on bills he had given persons to get discounted and had not received the pro ceeds. Mr. Cooke said that every tradesman bad been paid by the insolvent's father 20s. in the pound, but he would not pay debts incurred in the manner described. Mr. Lewis (Lewis and Lewis), the insolvent's attorney, exhibited the receipts for money paid to tradesmen. The debts were in the schedule, but they had been lately paid. Mr. Sargood observed that it was no doubt prudent and praiseworthy to pay the debts. It sounded very well be fore the court. The insolvent stated that his father had allowed him about 1501. a year, which was his only income. On being asked whether he was a single man he said he was not mar ried. Ile speculated to increase his income. His specula tions were on the turf and at billiards and by getting ac ceptances discounted. Mr. Sargood raised an objection to the description. Ile cited the cube of a sporting character named Johns, which was heard before Mr. Commissioner Law, and that learned commissioner held that where a person speculated on the turf he should describe himself to that effect. Mr. Cooke said the cases were very different. In the one alluded to the party got his living by speculating on the turf. The Chief Commissioner was of opinion that the objection could not prevail. In this case the young man had an al lowance from his father. The insolvent, according to his examination. hail 592/. owing to him for bets on horse racing, cards, and billiards, which was all the property he had for his creditors, ex cept a very remote contingent interest under his grand father's will. . . . The proceedings in the action " Cooke e. Walker " were produced. The action was on a bill of exchange accepted by the insolvent for 1501. A plea was entered, and a judge's order given just before the trial. The costs were 13s. 4.1., which had been increased to about 5!. by the plea. The attorney's clerk who produced the papers said Mr. Cooke was a bill discounter. The bill win bought by a Mr. Wallis. The parties were not now in attendance. The insolvent gave his account of the bill in question. He had given it to a person named Wallis to get discounted, and all he had received was 241. Ile said his father on a former occasion had paid debts like the present. The Chief Commissioner inquired of the insolvent his age ? The insolvent said he was 24. Mr. Sarnood remarked that he was of ago when he com menced his present debts. The learned counsel addressed the court far a judgment. The insolvent's lather had sat in judgment on the debts which the insolvent had con tracted, and paid same, leaving others unpaid. Ile (Mr. Sargootl) was aware that bill discounters were a class pretty freely satirised or ridiculed when they complained, but the question was, whether the parties who recklessly incurred debts were to escape with the protection of the court ? all sympathy to be given to insolvents, and no protection to persons because they discounted bills ? Mr. Cooke expressed his satisfaction at the conduct of the insolvent's family, who had refused to pay the debts of the character described in his schedule—he had indeed sat in judgment on the debts. The opposing creditors bad not appeared in court—no one was in attendance except the attorney's clerk. lie hoped the exhibition now made would be a lesson to bias, and that he would avoid all such matters iu future, and not give occasion fur remarks to be made on his conduct. _ The Chief Cumnussioner was of opinion that there was a case, and only a nominal ense, proved of a vexatious de fence. The extra expense was a tew pounds, and the insol vent had been nearly five months in prison. It should be borne in mind that this court was not a criminal court, and in a committee of the House of Commons, it was impressed upon the court that in the judgments they pionounced they were nut with the view to inflict punishment, but merely as between the parties who appeared before the court. Ile heartil)• joined in the hope and prayer of the learned counsel Mr. Cooke, that the insolvent would Igz guarded in his future conduct. lu his opinion, the ease would have presented a very different aspect had not the insolvent's father paid the debts he had done. There was a case as he had stated, and when the insolvent again emu up, a mere nominal judgment wsuld be pronounced. The case was adjourned to serve a creditor. THE POLICE COURTS. BOW-STREET. George Carpenter, a person of respectable appearance and address, was charged with obstructing the police on the oc casion of a Bloomers' Ball ou Monday. Police-constable 15S F stated that at a quarter past 11 at night he was on duty near the Crystal Ball, St.Martin's lane, where a great crowd had assembled to see the dresses of the Bloomers going to end leaving the ball. The police were obliged to keep buck the crowd, or there would have been no thoroughfare. The defendant wanted to force has way and when witness desired hint to go hack, he resisted, and had to he removed to the station-house. The inspector stated that the crowd and resistance to the police, arising from the general curiosity to see the Bloomers, was such, that the police, to the number of 40, had to be called op out of bed and sent to remove the obstruction at the ball-room door in St. Martin's-lane. The defendant was not sober but greatly excited, and was with di ffi culty removed to the station house. The defendant said that he was not drunk but excited. Ile was going home with his wife, when the constable told him that he must not walk on the path, to which he replied that the path was fur the public, and went on it, when he was immediately taken into custody. The constable hav ing caught hold of the cuff of his coat, lie desired the officer not to hold him so, for that he would go quietly slung with him to the station-house, where he was sure the matter would he set right; but lie was refused bail, and lucked up all night. The inspector explained that bail was at first refused be cause of the drunkenness of the defendant, but he was ad mitted to bail at an early hour of the morning. The defendant persisted that he was not drunk, but maddenesl—indignant." If he were not to walk on the path, where was the liberty of the subject in Eng land. Mr. Jardine said that the defendant should have attended to the directions of the police, which he would have done had he had his proper senses. As t' what he (the defen dant) said about the liberty of an Englishman, there would be no one tree if crowds were to he allowed to block up the way and act as the defendant had acted, for which he must pay a fine of 205., or be imprisoned ten clays. Another person was fined 10s. or eight days for a similar offence. LAM BET 11. JoAn Danis, L, was charged with indecently amattting a young girl, named Elisabeth :Von Jewel. Complainant, a very simple-looking girl, fifteen years of age, stated that she resided with her parents, at Nu. 10, Anna square, Lambeth-wall:, On Thursday night week she went out with her aunt t , carry her baby, and a little after 10 o'clock they went hi*, the Cock and Bottle, Lam beth-walk. Her aunt then took the infant from her, and told her ft:ego home. There was a court next the public house which led to her home, and as she was entering it a lad put his foot out and attempted to trip her up. She was scolding the lad fur his conduct, when the defendant came up, to whom she related what the boy had done. Defendant drove the lad away, and, taking hold of her arm, pulled her down the court. She told him she would tell her mother if he would not let her go. He how ever persisted in pulling her toward, a dark corner, when he indecently asaaulted her, and at tempted to violate her. She did not call out, as she was frightened, but when he began to treat her in an indecent way, she cried, " Oh, h re's my mother coming, let me go." She then got away from him and ran into her mother's house close by and shut the door. She afterwards told her grandmother, who acquainted her mother with the circum stances, and the following morning a complaint was made against the constable at the station-house. In cross-examination by Mr. Solomon, she said she had been nurse in a family four or five months ago. Last time with Mr. Clark, at the corner of Chester-street. lier aunt lived in South-street, near Lambeth Chapel, and she fre quently nursed her baby for her. She did so on the night is question, when the constable ill-used her. Mr. Solomon—Did you ask him what ho held you fur when he first seized hold of you ? Witness—l did nut; I tried to get away, but he would not let me go. Mr. Solomon—Did you make any alarm when he acted indeceutly towards you, as you have stated? Witness—No, I dal not, as there was no persons coming through the court, and I was much frightened. By Mr. Eliot—My aunt left me at the Cock and Bottle, and I was going direct home when the police constable seized hold of me. I did not cry out. I might have done so, and some person must have heard me as there are plenty of houses in the court, and a light at each end. Mary Newland, grandmother to the girl, said she lived at the end of the court near her daughter's, and about half past 11 on the night in question she looked out of her door and saw the constable pass along towards the arch. She had previously heard a rustling noise, but she thought it was all right silica she saw the constable. Shortly after wards her grand-daughter came and informed her what had occurred, and she went and told her moth er . For the defendant—Mr. Solomon said, he was instructed to say it was a most gross unfounded charge against his ' client, who had been in the force tea years, and bore an unb.emished character. He should be able to show from two witnesses that complainant's statement was all false, and that the constable never entered the court with her, but seeing her there with a lad, he merely ordered them away according to his instructions. He called Edwards, who stated that he was a shoemaker, and had worked fur six years for Mr. Davis in the Water loo-road. On the night in question he was going to Ken nington Oval to see Menke, the pedestrian, with another young man and two females. They called in at the Cock and Bottle to partake of some refreshment, and he went out fur a necessary purpose. He went into the court ad joining, and saw the complainant standing inside talking to • young men. Toe policeman then came in. Witness then went into the public-house, and came out a minute or two afterwards, when he saw the defendant telling the com- Plainant to go home as it was not fit for h er t o be out that ate hour of night. She went down the court, and while witness was talking with hie friend the defendant went down a street leading to the Kennington road. By Mr. Elliot—The reason of my c titling here to-day is, I met the constable last night on lus beat, when he told Me he was in trouble and requested me to come and speak for him, as I saw what took place. Maud Smith, a fruitseller in the Surrey Theatre, gave similar evidence. THE DUBE OP CAMBRIDGE has, with his charm teristre benevolent:4h forwarded from Dublin a donation of IW. to the Laiorateragaare Soup Kitchen. Parr sal rabliabad Warsa Kim ILue, of Ns. e, Laura& MM. la dr at!! at Laura. Plater. s the 0 /I.la is Umbr a. mart. la tbrarriar al VI hierras..Wassaaar. Namara /. • Ms Inspectors Arnold and Rogers, of the L dirnian, gave the defendant an excellent character during his ten years' ter- •itude. Mr. Elliot said there was no other course left open for him but to send the case to the sessions 113 the evidence was socuntradictory, but he should remand it to iuquire into the last witnoses characters. THAMES. The Austrian consul applied to Mr. Yardley for his inter ference on behalf of the captain of the Austrian ship Etiquette. Part of the crew had interested themselves re specting M. Kossuth, and had been guilts' of various acts of insubordination. On the previous morning they had drawn their knives and used threatening and menacing language towards their captain. Mr. Yardley referred the applicant to Inspector Holmes, of the K division, who, he had no doubt, would inquire into the circumstances of the case. Some time after the consul again came forward, and told the magistrate that the inspector said he could take no steps in the matter, as he had not seen any violence dune. Mr. Yardley.—The inspector is perfectly right. Personal liberty is considered very dear in this country; and the policeman cannot interfere unless he has seen the violence committed, or unless the complaining party shows some marks of violence. Applicant—When Austrian seamen come to England they think they come to a free country; but they have a very indistinct idea of the meaning of the word freedom. Mr. Yardley.—Perhaps they have had no real experience of it. . • Applicant.—They bid defiance to the captain, and show no respect for the law, but commit all kind of insubordina tion. There have been several cases of murder committed by persons of this character. Mr. Yardley.—Understand, we have no law in this roan try to enforce contracts between masters and men as re gards the internal regulations on board foreign ships. That mutt be managed by the captain himself ; but immediately they come into the English port, they are amenable to the English laws, and if one person assaults another, or un hjustly deprives him of his liberty, or endangers or threatens is safety, then it is the duty ot an English magistrate to punish, or tie the hands of such person, by ordering him to find securities to keep the peace. In the same way if a man damages the ship, or commits a larceny or felony, an English magistrate has power to interfere. You must understand that all persons are in the same situation in an English port as nnT subject of the Queen, so that if a seaman strikes his captain, or threatens him with violence, then a magistrate can either punish him or take securities for his future good Lehaviour. . . . Applicant—Yesterday they all drew their knives. Mr. Yardley—That us a serious offence against the laws of this country, but the police have no right to interfere unless they saw it done ; but on a statement made to me I can grant either a summons or a warrant, whichever may be necessary, against the person uho drew the knife, if the captain had reason to tear a recurrence of such violence, and then he would be dealt with according to law. But the law of this country does not in a case of this kind allow a policeman to take a person into custody on hearsay evi dence. It must be done by proper information on oath be fore a magistrate. Inspector Ifolmes—l have been on board and seen the crew, who promise faithfully not to let this occur again. Mr. Yardley—They may entertain whatever opinion they like, whether in favour of Kossuth or any one else, if that opinion does not carry them on to violence. From what the inspector says 1 dare say there will be no cause for my , interference. . _ ...... Applicant—Hu presence did seem to intimidate them. lie then thanked the magistrate and withdrew. 13ENacoLimee.—A lady has forwarded 51. for the poor. box of the court, requesting au acknowledgment. MARKETS. LIVERPOOL, Nov. 4. The aalei to-day are :—Sugar: 70 hhtls. Antigua, without change ; 41, ❑tuts. IMO his. rorto Itaco, &I. to 395. od. ; .tutl Ws. date*, 81.. Molmors :KO Inns. Montserrat, 12s. rd. Hum: 10 • mat, IMmerara, full prior. Co If te : ' titteeP 20 Wis. Jamaica, 40a. to ;ha. Mier imelicl• 10.. to 10s. 3J. Peal tag., : 130 b .gio at 2to. Saga Flour : 4 wall parcels at 14.. Jul/ : 47u bales, td. 13a. to 141. 10.. Shellac : 1S cliPpb , , tr,.. to 4 a. COTTON.—LivEavooL, Nov. 4.—The sales to dap are estimated at 5,500 to 6,tino b or which 1,000 an• fur export, mad comprise 5,00 t American; 200 Egyptian, at 511. to ad.; and 250 Su rat, 4d. tt 31d. 'fatal imports rases Ihuraday, 10,000 balm. The mat ket chord atmddy, awl, compared with Friday'. rates, prkes of good ordmay Dad low midditr.g Aturriean atal Surat are 1-11.41. per lb. against the buyer. Everything rice unchanged. WOOLLEN CLOTIIS.—Layna, Nov. 4.—Wo have no change to report In toe btate of the cloth market. It a ntinues very dull and quirt. The bottom done to.day hoe been of a meagre cha racter. WOOL.—IIvDnEssFtELD, Nov. 4.—Our Wool market has teen very dull during the past wee.; the colon.' WWI+ have gut to a price which mu-t mum thorn in Wow to come into demand. the dealers complain very much attest the advance which has taken glare in London, and which greeds kw them fro . .. operating. MANUFACTURES. UDEINFIE LI), Nov. I.—To day lies bet n the du lett mereet of the yter. CORN.—NALESWORTII, Nov. 4.—At our market this y we hal a lin lied show of Wheat and the trade ruled without any mutton in quotation. Burley continues to be inquired far, and nu. pertine total ing is placed at on- extreme run s. Wheat, white, 40a. to 42r.; red, 340. to 375.; Barley, 210. to 29e. per qr. - • ill'hE, Nov. 4.-We continue to be very moderately sup plied with all descriptions of foreign grin; the Wheat io:11 ket It.. b. cr. only .low (turns, the past we. k, without any alteration in the current:. being quot the. Spring corn of all i•eacriputais in good con sumptive demand, and some improvement in prhe obtainable. The weather cold and sciponaule • *.ime en w tell during last night in Ilidelernem. At la-ray's market we had a fair supply of Wheat from the lamer., the contlaiou of which was a good deal improved by the frosty weather of the lot few days -the market was firm at last ' wick'a prices; more inquiry fur foreign, with very little offering. Grinding Raley fully 6d, to to. per quarter dearer, with none offer. frig, mom; old grattariol parole; malting ecceedingly rearm. An improved inquiry fur Oars, Beucia, and Peas, and each artkie the turn dearer. Liu-red very flai, but Cake* are fully 2a. Gtl, per ton dearer. In Rapeseed or Kapteakea very little Moines. doing. M heat, English, red, 355. to 3ss. ; white, ills. to Isla ; Danteic coil Konigatx•rg, 4os. to 425.: Pun.comuut and Ilamtitirg, 36a. to 400.; 'AMIS. Hoist. in, ant Frl.lanil, 31*. to 368.; Itushan and Ode-ea, 300. to 30. (lao, English, 17s. hi Ala. • D a ntah 17s, to goo.; Feko. land. l as, to 20. ; Kurstan, 1;11. to Ifla, Earley, malting, 26a. to 20.; grinding,2o. to 210. Beans, 29e. tu3O.; foreign 250. tows. pe.s., white, yellow, and blue, Vss. to 3911. ire) and Wad:, Mo. to Zee. Linwol, black tea, 46a. to 45..; Petersburg, 42e. to 45a.; Riga and Archangel, 365. to 42a.; Eimigstarg and 51emel, 36a. to duo. Lin. seed rases, If u 11,7/. 2a r d.; line foreign, of. 12. nd. inferior. 51. 15a. Rapeseed, 22/. lac Mope Cakes, 75.. Tares, English, 27.. Guano, SE to It?. Siam, Seta 6.1. Imports from Oct. 25 to St : N treat, 1.2rrl qrs.; Burley, 610; Oats, 3611; Retaa, 1.4101; re., *044; Limier 4 14196; Rapeseed. 1,792 ; 0.1 Cakes, 101 taw; Hoeg 64. mut, Nov. 4.-We had a good supply of Wheat to day; the rates of last week were fully maintained. tine malting Haney in demand, und readily made la. per yr. advance. secondary qualitres Etched full prime. Beans, Peas, and Oats remain the same. LP.EDS, Nov. 4.—The show of Wheat to-day is only moderate, the scares bad g kept lank by contrary st Md.; all quali ties sell st the extreme ratio of friday. deans still creep up. hurls) In demand, and best esmplea fetch Gill priors. In other articles no alteration. Arrival* this week Wlwat, 4,6112; (late, GUS; barley, 1,261; Ileum, 59; Rapeseed, IS% LEIOILTON BUZZARD, Nov. 4.—At this day's market there wart a tolerably goad. although not an abundant Pupply of Wheat alr,wing. Tie rate, of It', .by we oonaider quite maintained for good deli lumpier. Barley a Mlle on the :Wean, fur the moment, ' Otero not Long a large .how of sample% of Ihi• PAID. tither grain without alteration in value. Wheat per load of a buasela, old, 20.3. to 245.; new, _ M tn. to 24e. Barley, per qr. imperial, 21a. lo2t e. bean', old, 19e. to Ile. ; new, 130. to 17a. • • Lzwev, Nov. 4.—There was but little buainess done to at maritet., and toie '1 remain as on tlia day se's.olitht. Wheat, old. what., ht. lea. to Wt. red, lo 5!. 11%.; new, 'elute, to!. to 20.; nd, 01. 13.. to 91. Barb•), 2fa. to Ms. Unto, lie. It a. tAI Beam, 213.. 30.. Pets, [ha. to Wt. • • LIVERPOOL, Nov. 4.—Our market this morning was well attended by home and country millers with several tito era from Ire land direco..g their attention principally to foreign Wiicans in which a for brain* was Ivo:meted, at the nut currency of tbiv day week, and in a few irrtancea choice I oalitie4 were 11. per 7011 in dearer; farmers' new Wheat moving pteatilly on the tem. hat noted. Super fine brand. of American Flour were in good request, at an advance of 31. per barrel, other Lind* reaho c 'ar the ran.. of this day rennight, fool favourite mark- of French a *light anundownt spat bad week's prices. Malting Barley was is. p•r qr. clica,cr, grinding *maples re maining nava:led. Nall, on the contrary, iniproted ;r. per qr. In Beans and Pees we have nu change to note.. Oats were in moderate dentant, sod steady in value ; while Oatmeal receded Id, per load from our quotation* of Tuesday hod. Owing to the number of ar. r.vala rt neatly brought lonvard, ft *ding ant arrived targoett of Indian Corn o, re rather water to pontase today, The folowing are the arrival♦ into Livarpoot and Runcorn from the 38th Oct. to the 3rd Nov.:—Wheat, 3,702 gre. ; 2,166; Malt, 1,070; Oat., 9,903; Beats, 3,7 , 9; Pea., la; Indian Own, 026; Innian CO,ll Meal, 5110 barrels; Oatmeal, 8,033 sesta; Flour, 2,009 sacks and 0,161 barrels. Laguna to Ireland:—What, 720 qr..; Beans, 31; Indian Corn, 3,792; Flour, 396 seeks, an I 4,160 barrels. Lynx, Nov. 4.—We have hod lee Wheat and rather mote Bart., than last week at m ' to-day, sad each article wait about Is. per qr. Mater. Wheat, best red, 621 m. to 6311 x., We. to a6e.; One, ;Ia barley, heat mitts, 16e. to ars.; extra, Sus. per qr. NEWCASTLE, Nov. 4.—The weather has assumed quite a wintry appearance, the last two days berg elan dimly frosty, 'Mild to the north we hear that the mountains ate capped with snow. j At our market this morning we had an Pure:wed delivery , of Wheat from the grow re and only one cart from the octet baring armed shine Saturday, a CiPittaltee Ital, early of at Pally that• day', rates. New muds country dcwriptiana were much Impart-4 for, and anything very choice might baler commanded 39e. to sta., weighing naturally 63 lb, A cargo from Huston wee placed without difOcalty, at d'a. ex chip, weighed 61 ibe , qoa:lty mane and thin, hut weighing n Aura:lir 6! lbs. Noe old foreign had more attention, but 40s. per qr. could sot be exceeded for two year-old Wu!: anti Ilse Stettin at 'mime time being Arlin at 39e• O.irg 701 the prev dente of contrary • lade. we have have no arrivals of Four to report; sad, our dealer* having allowed their stocks to ran h ire, factors were e,abled to establish an advance of 6d. per amok neutrally, t h e mare t floated with buyers. For Bye we experielicAl on inquiry. Man ag Barley may be written Is. per qr. dearer, 2sa. wing obtained for net very One, weighing SSlba. per barbel; grlailng corm eve ',ante I, and the trot foreign atti•ell are likely to flnd a ready sale. Malt unchanacl. For beam and Pew there are numerous inquiries, and the came may be mid of Oats. PLymourit, Noe. 4.—The supplies of corn from our biers continue Tere moderate, awl .roro abroad the arrivals hare been mull during thi win week. At this morning's market millers werg deuroved to purranse, and good Wheats nude full prises. Malt. g Barley romnred for. and worth 2Ga. to 21.. for hire and htasi parcel,. Oats, Irish, black, 14. t 2 lew. per 322 Abs. lleami, 28a. to 32r. per qr. • - SALISBURY, Nov. 4.—We had a full attendance at our market t -day, end a Isrge vmply of all de miptiona of grain. At the commencement of the market enhanced terma were asked, which re tard.' the promwe of ea lAA at a Lder period of the day Maltese became more brisk, and clown at an advance of Cat. to la, per qr. on loot we Ws Lerma. la Barley the transactions were animated, sad • deal of Noire * was done ..t a -Oulu advisee ac on Wheat, The Malt trade was Arm, and Flsor underwant ao che.ge 01 value. oa.n were iel fair demand, u - A anatalned preview; quntulona. In other artkki of grain little dolng, and prior, noralna"y the same. %heat, old, 32/i. to 3Se- ; sew, 3tia. to Cf.. Barley, malllnv 215. to 295.; gendiug, Ma. 0.4 a, .7s. to 20a. Dams, RIO*, Me. to SM.; Egyptian, 30a. to 31A Peaa, Ma. to 325. Rye, 435. to Si.. par qr. Malt, 66.6 d. to Is. per Mabel. Taro, de. fiti. to 3e. Ci. Hour, age. in 295. per SHIPPING INTELLIGENCE. Fr r• ear Id. ..111111.011t nowt.. and " Lloyd's List... ISZADOitali MAILS. (N /WIN Om taw sc aA s we sew from the finer. fty tCr eight— rovl *lr wierntre --As.ratrh. I Day ware letle it ow vo, ttar cJ L ndo.. _ Pon WUIR 401,1W:he& I 6111. Mtn. 7 11.4verp0.1... Nov. 10 N0v.11.. Nov.ll 4th of eb ********* Inthg39th of mom holy 9th of the month nth of the month laddel7thof mcnth 1 itA of the month 7tlll7tb27tkorman 2adtl7thofm.ath %tom, Med.,narnL 1744 of the month Twice arils 7thl7th27thof mon Tondo) & Friday Madam. It Smut. 17th of the 111011th !Vice daily .. lith of the month 4" 74th0l manth Liverpool • Nov. 4 utkarohtes .21ov. 13 Ilmonte Dour Nov. 13 Dom .. Soothumpton. Nov. 16 houthamplon.' Nov. 16 Southomptue. Nov. 3 Plymouth Nov. 3 home Nor, 10 Southaosptca. Nov. 3 • Southampton. T 0.20.114 Southampton. NOT. 26 flower . Dover Cov.l6 • Locelon Gondola Sloo.Tko Southamptoo Nov. 26 11°13 he A Twhavda S.authampton - Nov. 23 Dover Nov. 13 20t1 of the month' Soutltan.ptoo. Nov. 23 Dover Nos. 13 ioatlamplon. Nov. 3 Southotooton. Nor. 16 kit of the month 7M.17th,19te,27th IMethof the nonth, Sthlah2:llllof mon: Uhl Sth2lthof mum' 7th17th27740f mon! 17th of the month MIIMAISthof moo 17M of rho month , clover Nor. In For. 12 II Dan r ..... II bontbanspron. A rtircrt Soutbatui,N.r. Nov. 20 Dover sunthcaptom. For. 20 .11 the m I <rre , A*lll 4nll. Nov. 3 Anterlas(hyßdt.raellet N Ancerfealtryllnited States panted) N • Aneericatto ert yU.Stataapt Gout il Africa (W) Pi • Alezandria• 74 Vetc's' Ara' lb ! Buenos Ayres N Californiaiela Care et Good Hope N Oonicantinorle • (Antral America N amine' 10 . . , Cai MIN V name N ' dotty S lbanburg lc • Holland Y ' Honduras 4 4 I !Ireland L & N ludic (.ta doutlianc,t.)); India (via Mareellleal N • --- YeditZiralleau(Tis Seat , . anquan) Uitto(ria Kane Mes) N ataxia° X Warlairs ll Malta* .N Naples. Papal States. Pcnauula Peru .111 Tummy* Watt ladle" bleat Indira (map' Ma +mum and Nit•amsl • TM math. to t►ae entmartea thus marked t• 1 are eeaveyed trench packet via a!yarlika.. . . CALIFUSISIA.—XaiII to and from California ria the United State, arm now despatched and duo by every American packet. The direct flare, mail from London Ma south anemia during tide month will be inane up three times a week only, instead of daily. A It it 1 V E D. ALAIIV-at Gravesend, November 4, from Almeirs .1.0114 11•110•10:1611.--at Gravesend, November 1, from Itistock Annie-at Gravesend, November 1, from Konigsberg Avg...a-at Lraseeend, November 1, from .. Sweden Avovera -at Liverpool, November 4, from Ghent Arran--..fr Deal, November 3, from AJAX -at Deal, November 9, from Pares ALIDo-at Grimsby, November 3, from Rip lasemoar -et ielne:Oe, November 3, from Carthago* Bevetv-at Gravesend, November 4, from Patine Concern -at Gravesend, November 4, from ................: „Deals Catesese-at Gravesend, November 4, from Hamburg Cl[olllll. SA-at (I[llllolol, November 1, from Lam* Caro-at Gravesend, November 4, from Cu:Das-at Salm nth, November 3, Gott. Alesandris CALCCITA-of Deal. November .1, from.- ... Miramar( CAul.oll-o tlWal, November 3, from Gene. COITYNA-at Hull, November 2, from Peterehurg , CIIARLVA -at Otteenetown, November 2, boa 1111..1,6 ' CoNc 0.0-at Dueetetown, Novetole-r 2, from Jam:tra Comet.-•d Lmeenwosn, November 2, from . Lahrador Coo-at Def.l, November 3, from tlesetee Df•tioso -at ILO, November 3, front Callao Mover-at Dell, NovembT 3, trout St. Lawroue I)evosentez -at Portemoutb. November I, from .......... Lolubm DoLlt -at Poole, November 3, from .. Loeb. o 1/4PIIIIII-at Gravesend, November 4 from . Oporto EURO 11 eav-at Gravesend, November 4, from.. ...... Gottenburg Bras-at Gravesend, November 4, from Petersburg Eurnewse-at Gravescrul, November 4, from tumors -at Grunoend, November 4, from • Eten-at Gravesend, November 1, from... /lambent EIILTO -at GM - VS:Rd, November 4, from ............. .....N.eittea Proc.-IA Gravesend, November I, (roll Norway gcn A man-et. Imo, November :1, from rwr'loll Pam -at heal. November 3, from Conoisuatnoplo Nees-st Liverpool, November 4, from.. ... Alezan 'rim P. Emeines-at Or tverend, Novenver 4, from Donato KKILV-10 CiTiVelelld, Novent'ser 4, from Havanna ELIZAOCTII-at Gravesend, November 4, from.. .......... ....stettin I'l[o=TV-of Gravesend, November 4, from ....... ....... Petersburg l'iudicroar(e. if.)-at Liveip.ol, November 4, trots Palermo Swoons-at Giareseml, Novemb, I, from Drum FaANCIOI -at Gram send, November I, from Petemborg Pionties -at Greece:end, Note fiber 4, from. Portgruml PAIIII,I[II-at Gravesend, November 4, from .... Lensig YVV/1010:0•-at Graveveno, NoTenioer 3, from ..• ..... .• .lititterfallt Proa.orroor -at re.wwwere", Nomm 4 er 4, from Riga . . __ . ... . 00r. VON ERITIA -at Grsreeentl, November 4, fram..."....Antwerp °CABMAN -at tirtvewo.', November 4, from Gettenburg IiKWY.LICA-al Hull, November 3, from Itlehibuets Haa•to-nt Portsmouth, N •veratter 3, from Malaga lIAILIIONY-111 liIIIIVVICIVI, NO/lIIIIber 1. from Labrader lima -at Gr,vesenil, November 4, from Hist HaLeSIA-at Ortivets ncl, November 4 , from Cruet 11,1-at Gravesen4, N.,:, war 4, from Petersburg It+ saattA--at Grtrewnd, November I, from Wets,: Jour W`taisre-ott Dover, November 1, from Der't Jon,, AND lassuJA-at Grtverind, November 1, from Riga JOIIOS 111 u.-at Gravesend. November 4, from Fir.laul JAN, s -at Gravesend, N. A - ember 4, nom. stettio JULIA -at Gravesend, November 4, from Norway Jsas Shunt-at Gravesend, November 4, num ..... .... ItlerAbUrK JAN. GIIOI.TILAI -at Grunsend, November 1, fr0m.......... ...... Ponta LOIWIIBISTIII -at Liverpool. N .vembcr -I, (mut Antwerp !Isar -at Queerwtown.Novetnber 2, flum ....rt. John's , ...... - Xlinaa -at Liverpool, Nom mbar 4, from Gornto) Xmases at Gravesend, Nov, mber 1, from Christiana MART MITCHI.OI-al Gravel...n.l, November 4, froia...GotWobarg NAI4o-A hull. November 2, from Oneavout-at Queen town, N vember 2, from Beyrout OC..tt CaI•RIM-uttinswer.rni, November 1, from Archangel nansw-at Gravesend, November 4, from ..... PANNOWA-Lt Falmouth, November 2, (tom ... A i l i l , l . = PAPPARITII M. -rit 12Irnovith, Noveinb.r 3, from i Mersa P.llO-at Queenstown, November!, from PUOIOV.-Ut llucenotown, November 2, from Alexandria PINIIIR-01 •at NIIi.ItIS N, ,at er 3, from CAIIIIIOO4I PaINCOA VICCOVIA-ali3r4vti.n , l, November 4, tram.......... Riga I'i co-at Gray, send, Nmt Inner 4, nom Tarragona PTRENN -at GrartSer.ll.l, NOVerllbt:r 4. from Archangel I'IILIVIIZ -at Gravesend, November I, (ma nu v.in PATIMOT -la Gravesend. November 4, from Drina Itm-at Gravesend, Novetnlng 4, 'rum Gallo Root .. at Oran meml, Noveniner 4, fr0m....„....... Sweden Ravi. at Groveaend, November 4. from Petersburg IDA muesli-on Queenstown. November 2, from Callao It, ar. boom.. -at Veal, Novornher 3, from Tagiorog Svircnn-at Deal, November 3, !root R. St. Lawrence 51,40-at Graverend, November 4, fr- valor -at Gravesend, November 4, from Nora 37 SXANDINATIAN-at 0,1111M.11 NtAelliber 4, from.. akeido Surma-at Gravesend, November 4, from SUNDENIM Lou,- at Gravo,vl, N.,verober -I, from Nor way Toamom-at Liverpool, N Aernher 4, from. Montreal TaITONIA-at Livecpwl, Nov - ember 1, from Bitstock Two lthotaum-sit Grave-sod, November 1, from Ontienburg Tr.evit -at Gravesend, November 1, from Dantria TIMOT--St CilliTlYelld, Yucca bee 4, from Denmark Coaa -at Gravesend, November 4, from I iaton Veirax -at Grimsby, Nov. Inbar. 3, from Cronsbalt VIVACIOt,- at Liverpool, !Cm ember 4 from Airman Wit. Wominer-at Gravearod, November 4, from Callao Women..ma -at Deal, November 3, from Cadiz WlLLtall-At Southampton, Norimiber 3, from ........, Disia Wane-olf Dune, November 3 (root Madeira Zwatmarra-at fAal, Nevem . ber 3, Iron. ............. .........tionos SAILKIO. Amelia—from Cerdiff, November 3, to TrareemundO Arrouxa— from Liravereol, Novena., 4, to • lomeoca ANO.4W Vorrrea from Liverpool, November 4, to New York Bail—lrmo Liverpool, Novenae, 4, to Valpanueo lioeueava—trose Liverpool, November 4, to ~... .troaraporo Itt.a Nen a—lrom Gravesend, November 4, to Jamax• Criermar....i—from Livens.% Nmember 4, to Hammiab Co.nuer— from l iverpuol, NOV M,CT 4, to Gibraltar Commas—from Liverpou', November 4, to Aleassilretta CHAllol4—frum Liverpool, November 4, to llill Janeiro Dam Osman—tram Gravevend, Nov. 4, to .. Drressoto—from Liverpool, November 4, I.) Beirut ELIZA KllJ,ll—frogn Liverpool, November •I, to ...... .............. Lontanum—Cont Shields, November 3, to ...... .... Owthaalm Bunt—lran Hartlepool, Novemb rI, :0 Traveamande KL.CII/I. fr...m Gravesend, November I, to Grenada KLIZA 1t117,4A from Liverpool, November 4, to • AI dm PLUMES —from Gravesend. November 4, to Liverpool ratty —from Liverpool, Nov. tuber 4, to .2lawfousdlioal Powers—from ',enrol, November I, to Coats OANNZT (co.)— from Liverpool, November 4, to Butterdaol 'lummox Comrox—from Liverpool, November 4, to Bombay Ilwoorow—from Liverpool, I , two:tuber 4, to Now Orleans loos—from Liverpool, November I, to Cuba Jess —from Liverpool, November 4. to New Orleans JOA.PH 11.414—Ireal Shield., November 3, to .........Gibraltar Kara—from Dartmouth, November 3, to. bt. 1 tee 1 !AVANT— from Br.vtol, November I, to Bart:mime LACONIC—from Liverpool, 34.vem'er 4, to Clovetaton Houma—from Liverpool, Navembe. 4, to New Orleans 1111.16•PORZ -- from Liverpool, Noverotor 4, to Calcutta Nam or OkLVANS—from Liverpool, Nominate, 4, to . Siosmore Nous as Givens— from Liverpool, November 4, to Ala...nab Naraysm—from Grave:end, November 4, to /immodest PALUITINII from Liverpool, November 4, to rupleal Nuncios Remo. --from Gravesend November 4, to Constentmopla Paairro—from Gravesend, .Noveraber 4, to Gotteutitiri Pinto—from Liverpool, Novembrr 4, to Guatemala Bear—from Liverpool, Novemb r 4, to .........../t. Lucia ' Rlo Roakok - from Liverpool, November 4, tO. Philadelphia flerreour Haim -1.)01 Liverpool. November 4, lo Oporto Si. VINCZI, —from Liverpool, November 4, to .llll.lllwait's Sroarato LAM—tram Liverpol, November 4, to ~..Oport, tiTANDIJIIVW—frOIII !lull, November 2, to Malta ' aarrae—from Slikkla, November J, to lanai AN. -from Gravelead. November 4, to " Gibraltar TI:OCAN—Iron Graverenel, November 4, to Matanzas Llirourtwairka—from Liverpool, November 4, to New York Rama—Prom Plymouth, November 3, to Loudon Vara—from Liverpool, November 1. to ...„ ....» lrieiVe VUILWIMIITS —from Gravesend, November 4, to Baltic VESSELS SPOKKN WITH. Ambassador (barque), from Sunderlan I, Oet. 19, lat. 49, lon. G. Catherine (brig), of °Rave, from C041. 4 mb0 for Cork. Oct. 24, lat. 42.35 N., lon. 16.20 W. Callao, for CaIWI, Oct. 22, Lit. 4n, lon. 12.20. Mates (cor4ne), for Africa, Oct. 21, let. 39, lon. 8.20. hae (Engligi actiooner), Young, from Lirarpool for Rio Cr - made, SS da; out, Ott. k lat. 9.50 N., lOU. 23.33 W. BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. FERRARI.—Nov. 2, et Upper Nortow.dreet, ForJand.plact, the wile of Signor A. Ferrari, of a daughter. GIEVARD.—Nuo. 2, at Stainer, Middlesex, the wife of J. W. de L Giffard, M.A., of a daughter. MARRIAGES. BRANDT—MATVEIEPP7—Tot.r, at St. Luke's, Norwood, by the Rev. J. Rod, Robert, second on of the late G. Y. Browlt, Erg., of St Petersburg, to Catherine Emily, shiest daughter of thy: Ism Or Matyrielf, Erg. EVEKINGTON—BARBEP.— Nov. I, at St Paul'., Iferno-bill, by the Rey. S. bridge, M.A , limonite of of St. Matthew* Denmark. 1111, W. Everington„ Esq., of Ilerrimbill. Surrey, to Catheriet, daughter of Ike late S. N. Bather, Req., of Dentuatk-Mll, Surrey. DEATHS. PEA 1L•8 LEY. Oet. 31, at 21arteWeac Notts, B. Penne ey, Ea sod 73. HABBIS.-061. 29, at WoOns-onder-Edge, Yard Ann Huns, relict of J. L. Hsu% wed Al.