The Express. — London, England, 1852-11-04 00:00:00

ILals Ententgence. EQUITY COURTS.-YESTERDAY. UltrOLl VIA LOWICIIAn UAL 80/TUCK r% SI DEROTTOW. -INS V/ TION Or A L&•611 la • RIUKT OF WATS/. YASSAUIL TEL was • motion to discharge an order for an injunction by the late Vice-Chancellor Parker. restraining the defend ant from widening a suit or sluice which crune•d the plain tiff's land, and by means of which the defendant's mill was supplied with water, and w hich right was granted to the defendant wader • lease from the plaintiff. The question turned on the point as to whether by the terms of the lease the defendant was entitled to widen the goit after it was once made. The plaintiff it. slated the doing of this. and filed a bill fur an injunction, which was granted by the rice-Chaneellor, the Cuurta of Queen's Bench and the Exchequer having successively decided against the defend• ant's right. Mr. Malin, and Mr. Diekenton were beard for the de fendant, urging that then was not a case for an injunction, but that the plaintiff should he satisfied with a reasonable compensation, which the defendant was ready to pay. Mr. J. Russell and Mr. llislop Clarke, fur the plaintiff, were not hilted. The Lord Chancellor said that as regarded the opinions Of the judges of the common law they . would always have great weight with any one sitting in this court, and, although by the late act of parliament it was the duty of this wart to deride points of law for itself without sending owes to the courts of law, yet he would be entitled to the assistance of the common law jwiges ; and if he bad thought that this case was one of auth lout difficulty to entitle hits to call on those persons he would have done so. Supposing the or. rits of the we to be against the plaintiff on the con struction of the instrument now in question, the court might not enftece the onatract by injunction but leave the party to his remedy at law. Here, however, there could be but one construction of the contract. If the contract did not permit the defendant to cut a new goit it was a case in which a man under a certain grant maumed a tight he had not. and carried away the soil of the landlord. That could not be allowed, nor could this court see Otltl man take away the soil from another utau's land. On the only construc tion which could be put on the contract it was not a case In which the continuince of that injunction could be re fused ; but it was said that the defendant could not be ordered to fill up the excavation and replace the soil. But there was an undertaking that nue eicamitions should be filled up, and it could nut be supposed that anything beyond the mere labour of filling up woo necessary. There could be no doubt on the construction of the contract, and that, as the deien lent originally hail the power to make the gait of any breadth he pleased, and hail made it of a certain breadth. there was nothing to prevent the plaintiff onild tog near it. nor was there any power given in the lease to enlarge the grit after it wee fitst inade. Ile wax of opinion that the construction of the contrast by the common law judges was the right oar, and that there were no circum stances shown to prevent the granting of the injunction. The motion meat, therefore, be refused with costs. lllsroaa Tea UMW Iran= or Amax. IN NB HALL'S FATAT/L AXD TYZ lII'DDINSTIZID AND MANCHIDITZA ILAILWAT AND CANAL CUMPANT. Mr Foster, at the niquiret of Bir George Turner, sub mitted for the opinion of their lordships an important question of evidence a ri sing in this case. It appeand that, for the purpose of putting in evidenes certain (acts of thii cam. copies of extracts from a parish register were pro dared, which were signed and certified as true copies by the curate only of the parish, then being at the time a resident recur or vicar them. The late act (14 & 15 Viet., esp. 99, 14t. 14), provides that before each copies can be received in evidence they must be sigaed and certified as true copies or extracts by the passe to whew melody the original is entrusted. The question was, whether under the circumatanees the curate was the proper officer to sign the topics within the mean of the act. Thtir Lordships said it would be useful and convenient that the set should be construed liberally ; and they held that the curate was the proper eater within the act. The copies tendered were ace rdiagly admitted as evi dence of the fans they were predated to prove. Farms TIOACSAMOYAO 11111WOOLST. Co: r. 'I/MOB.-401M O. WOOD.—Tas NOW CHANCIRT FRACTION. . - M W isse2alt_ed with the other hulas, es to the pekes seised in these we.. T e l k traViratiosis woe hr mane lar rewire, alder the 62nd make of the sew Obaseery Act, both smite hewing become abated before the sew est as... late ~Motion. The words et the mousse egglisible to the was ere hoe : " Ursa may wit is the hid whet bssousiog abated b, huh. homage. or otherwiw, sr adman by reams of eine change or thaws :wigs of ishireet or liability, it shell set be soteriary to eakibet say blll et reviver or sapplommail bill. I. air to obtain the mad steer to revive sash mit, ea the lewd err serressey &mese wit gran to carry es he proredinge; bat ea why le the sent et the west eider to revive, er et the isseleug glemeriteilleesoarseg be 'Weed. se et swore. sees an the et the obeessesse of ewe slit, or et the ✓em levisighe astwahra wed et the hew or tram alai= of lateens or liability." His Hewer said that the ether jean's agreed with hiss ia thinking that the wits, which had ahead Wen the set ems be. were within the 52sd miles. sea the mar gelstsi eat would therefore be male Is both ans. BCSIMISS OF TSB COURT. The Vice-Cliancellor stated that he wished it to be ender. need ►y the potesies that he should continue to allow ten •senwd petitions to he in his paper kr hearing every neessiag ►efore t►e usual business of the day. His Honour one at two o'clock in order to comply with the wishes of the bar, that all the Chamorro Judges should arnsd a lecure upon the law, given by Mr. Phillinon is Lissials'olan Hall. Imam VimCaavasaaa lessee. WINTOSS v. Tun GA/Lai WASTILILA RAILWAY COMPLAT. Thb ease, which has already on frequent occasions mar pied the mutt. era es upon exceptions to the answer ef the defendants. There were twenty exceptions, an being purely of a technical character. Of these rather more than half were disallowed, and the remainder were allowed. Mr. Daniell and Mr. Hetherington were (or the plaintiff; Kr. Hama and Kr. Stevens were for the defendants. Room v. JONZ.S. 7 NIM 0110111, This was an administration claim. The ordinary decree had been made directing inquiries. One of the executors had died before the claim was instituted. and (as it was now sworn) without having possessed say .to. Mr. Bird now moved, ea parte, under the 16 and 16 Vie., e. 86, sec. 44, that the mum might mooted without ad silaistration being taken out to the deceased executor. He said the sepses* of citation would be more than 301. The Vice-Chancellor desired the cue to be mentiosed the day after to-morrow, and he would wank the other jratic in the meantime. court disposed of miens claim., sad other matters of no general interest, and rose at an early hour. COURT OF QUEEN'S BENCIL—TunrciDAY. liernorio or Boson—Boots toss Comets. Mo. Simms Oota. =um La. hunts Muumuu, AND Xa.Jcorwa Eats. Ti.. Clvizs v. HlNSON.—BauToixo ♦ 110111111 HATING AN INFICTIOTS Duus■ TO ♦ PUBLIC SALI. la this cam the defendant Henson mate op to receive the Isthmoid of the mart, for havieg brought a bone having the slender* to a public fair, thereby ceasing danger as well to the other mule as to the pumas there assembled. Mr. White moved the judgment of the court. Mr. Serjeant Miller appeared cm behalf of the dethodeat. Mr.JustieeT, oleridge delivered the lodgment of the wort, condemning Henson to pegs ha* of 11,11. BAIL COURT.—YEarrEaDAT. lIMTINA AT NW Paws. PATOIS lit RATKO CROMPTON MID ClllBl2. Joann. MCNAMON O. WlLOUN.—Rumxtro DOWN CA/1L The plaintiff in this action was an attorney's clerk, and the dekadast a butcher. The plaintiff sought to recover damages fur injuries which be had suatalned, in cease queen of the negligence of the defendant's servants. It appeared that oa the 21st November last the plaintiff went to Deptford in a gig, which was drives by • Mr. Palen. They stopped at a public house on their way home foe some time, end afterward., in driving to London, ran egaiut tart end hone which had been left by the defendant's an vanes in the middle of the street, which was only 15 feet wide. Both parties were thrown out; the plaintiff's ear was nearly cut off, and ho was otherwise seriously injured, and prevented from encoding to his bueinese for some time. For the defame it misstated that the hone and cart were close to the side of the road, when the latter wee being loaded with tallow; that the defendant's men held the beree's head and called out to the plaintiff to take care. It was also alleged that plaintiff was not quite sob., at the time. Verdict Ileg the defendant. COURT OF COMMON PLEAS.—YarnaDAT. Saitme• i. Baiscx—llaroas Ones impel' June, Mr. Jumat 111*et.a. an y. Janice 'faLrovao. PAILITIL O. Tim 0/BAT WISTIRM RAILWAY COMPAKT. A Scrim iv COURT. _.„ This was an action mums: the Or. at Western Railway Consp.u.y to r .ser the =maid of a gnat number of aliened over-.•s. da.e mode hl them epos the earnarp of parses; and when the ane erase on for trial before Lord Truro, he ordered it tr. mimed to arbitration, contrary to the sp....ad wish of the Instati/ who wished it to be tried a ..sry. At leash, ho.w..ver. be agreed to take an US Mat to tel 1.1 tAn 'natter. hat Aar t ,at sans tot &V.I. as F. the priori* upon which the costs shoo) I he t ssell. and the re set was again scrotal thros sonny bt nothr the , ratite ..r th e y a m d ar i ng tail teen! Kr. Parker, the plaiwitf, mqv-d fqr and*, callion op se Mr. 11 art \Venter, w lei formerly hie attorney, to *bow ratio. why 'to , . M ih.ited 1,1 , 4 review Id. teza• oba, r o Irani 'o an aviremen• hetweira the plainti ff in ,' if, %Cube,. nod why 17IP 0. 31. pod latti ecrurt, by miler of Mr. JuiCe • Wiehtsian. • •hooli not be paid to the 141,414, with 'lath further sem ea he might be bead t o b e eseiued to tipm tbs. •iialont of the bill. ildr. Parker adilrewed the court at enosi .ereble leituth, and with some warmth, bet the teem m (or as they mild be gathered, premed to be them : After scan of arbitratien. Mr. Park, ',wan" gmrtg nerd hi. claim against the company for dna, way emnp •liv by the moat taro to eocaprornim the matter for 4 , 01 t. anal costa. Mr. Walker was Mr. Parker's attorney when the mums true ceenmssesd,list Mr. Parterleaving elisauei hi. Wormy, Mr. Walketosineto were PEA as Mimes asking sad slime. Whoa Ms. Walker agreed to take the matter op he also verbally agreed that i Mr. Parker should pay all ruoory out of pocket, and that Mr. Walker should have what be cuiril get from the do lenders's, and should have no more. lt was now objected that certain things the blaster had allowed fur had not ' been dune, that soma things done were not necessary, and teat part of the work Mr. P.if kir hail .lono himself, and lie claimed under his agreement with Mr. Walker the amount of there items. Mr. Parker also complained that their lordships bad never understood the ease ; that be had great reason to eourplaia of the wort, for through their misun derstanding of the matter he had lost 10,0001.: and it would have been a great mercy to him if, instead of Lord Truro persisting in referring the case, there bad been a verdict against him at once. He reared their lordships that it was the last time he would trouble them, fur, if he once got out, he would never come into the Court of Common Pleas again at long as he breathed. It would be better to submit to anything thee do so, for in suck a pod tern you were not only in danger of losing the coat sad the cloak, but the shirt also. Ile certainly would never roma into the Common Pleas again. Mr. Justice Mauls—Dot you may be dragged in; and you should not thus proclaim your dislike to the court, for everybody who shall hereafter bring an action against you will bring it in the Common Pleas. (A laugh.) Mr. Parker said he had carried on Waiter for many years without having anything to do with mutts, and he had only got into law since he became acquainted with the accursed Great Western Company. The Chief Justice said that he was of opinion that there should be no rule in this ease. As he understood the mat ter, Mr. Parker commenced an action against the Great Western Railway Company, in which Mr. Walker was his first attorney, and the plaintiff alleged that there was an agreement between Walker and him that he (the plaintiff) should bud money for the court fees, de., and that Walker should look to the Great Western Company for remunera tion, getting what ha could from them, although the agree meat was nut very distinctly stated in the affidavits. In the course of the inquiry Parker became dissatisfied with what Walker had done, or had not done, and procured an order to change his attorney, and the costs were taxed as between attorney and client; and it was agreed that Mr. Walker should retain his lien upon the papers, and also upon the amount that might be recovered. Ultimately an award was made in Parker's favour, by which he was to retain a large sum and costs. Walker then claimed his lien, and an order was made by Mr. Justice Wightman, that 7001., part of his costs, should be paid to Walker, and that 1701., the amount of the disputed stems, should be paid into court, on the under standing that titles* Parker should within the first four days of term obtain a rule to review the taxation, Walker should have the mosey. The costs were taxed in the year Ibel, and Mr. Porker now objected to the taxation upon two grounds. The first was that there was the agreement to which lie had erten:A, and which the Master bad taken no notice of. The Master was right in cure/girding that agreement, for his business was only to inquire Whet tiwount ought to be allowed . by law fur the items in the bill, and if he was right m disregard's, the agar meat, they could not send the some bask to him on that grouad. As to the suggestion that the order was obtained under durance, they amid sot see haw that was, but as loog as it subsisted it mutt be binding upon them. The second point was that the Master bad assearried, in not allowing for certain items that ea* se be allowed for, inasmuch es they were sot dew, were not necessary, or wen dose by Parker himialf; but those grounds were not mentioned to the Master, end the sear could not properly tell him to review bin tasation upon r4lathat were sot palsied sat to lbw; mad bow cad& ay that he was wrong is anemias he hew was he was not informed of the objections to tam. Mr. Parker—Your lordship is wroagits saying that no ril4eatioa was made ; as wrong as ever Midge was. Chief Justice—l did sot say so ; but that these paetMler objections were not made. Tbe first sewer to tie semi ground of objection was this, that them objaMison wore sot pointed out to Master Parke, and yea amass say he um wrung, when he was not informed of than. If Master Parke brilfbeen told that the week hod met bees dose by the attorney, he would nut ham allowal ter it; awl it was not to be permitted that Mr. Porker skull Mimi by, during the taxation, and ewe bow sash maid be got from the pockets of the (hest Western and then tars round and see what eilfZ et s get hes the ashtray. Mr. Parker—lt is • to no/ that. I was so party to draw mossy from ia ir iN Groat Western, and it ought not to go halt to the world. Ima ms to any Juggle, and I have tali your lordships so; and If mod be, I will tell you is Ist plainer words. The Chief Jo Lfts—You had better not ma son so. Mr. Pother--Chewerwhe year verde, is% e 1 lad.. I mat semi hiss ad bra ray Mrs that whisk bas met whoa plea. Yea sera ma te awl dos by stating that which hi sot take place. Mr. Judos Mauls—l behave that ay lord hake the grenade which be Ms bees stating very sespisious; and I task se see; bat he is juetilbsd, red sot may that, but bound, to arab, has dune under the circuitous's'. Mr. Parker—Them is no pearl fa it, 1 say. Mr. Justice Mesh--Butt yew mos behave with decency. Mr. Parker—l will go out of cruet, for I amass let suck imputations. be node h ay preseme. The Chief Jostle—Yes had bettor be quiet. Mr. Parker (heatedly laving the sown)—l will. but I shall do as 1 like whim! pt out of mart. (A laugh.) Ti. Chief Jaa'Uos eamtfimad by saying, that Mr. Pubes had stated, that, from • heft of hosemr, he had allowed his attorney to sharp fir balms width be had met dome, and if it bad been stated that be hod asthma is, the Xmas would not have allowed it to be shovel spinet the Overt Western Company. By se dams Mr. Pester hod deprived himself of any right be might have • and, ae to his conduct towards the court , he lama* take no sodas of it, for it came from a man who appeared to have so power over himself, but who acted ia Aiken of his imps light and discretion.. lir. — rusties Meals agreed with his lordship. The 1701.:was to be paid out of seen to /dr. Walker, subject to such questions as could he rsiaed on reviser of tuition. Now a party eould recover maims any opposite party the ease to which he had been pat, but he could not recover as, amount for labour done by himself; and of course, her attorney could not chugs it against him. Now, when them items came befor.. Master Parke to tar, as between attorney end client, Mr. Parker was in full possession of the fact that the work wail done by himself, and not by Mr. Walker; but he was perfectly silent about it, and allowed it to be charged, he ear, with the view of allowing Walker to recover it against the Greer Western Com pany. lie did not choose to disclose it. lie wee desirous that the Great Western Company should pay something they were not liable to pay, because it was done by him and not by Welker. That he called honourable acting; on that priseple he was silent when Walker said before Mailer Parke I have doae this work for you ." so that the Great W estern might pay what they were not bound to pay. It was clear that they were made to pay what they were net otherwise bound to pay, by the kora of Mr. Parker. Ms time ago they ha a proosedlog is that ewer masa as &Maim who said 14 had pad immo taboos whoa bo bad ea lit hot poid. aod bow Mak at throb; sod hew am t Its ants vaisarg a t i g u t :roe Oa dais& ampooa of whisk day_ so lie alroshro dot ais nietatsta not 1 1 : rP lial uat , and tidehe lioredos mod bodast behaviour al Mr. Parker was mutt is ba ded. Ho was ham, that suitors ha geoersi 11611111 nee bstrayed into anything like that violist* which bad boas adilised to-day. Parker wee evidently a welbinhemed and therefore be was sorry for his belaiiser, wi bee wain. to attribute his conduct to its bbeeeing ahowato alsody Is Ida that that which he called hoconrable was sot so benegmble as ho wished to show it to be. Rule refused accordingly. COURT OF EXCHEQUER.—Yarnamty. Ssyrnges Is7B•Noo. MULUALL O. NIM — LL - 7—ETIItt;ATION OP BLAXI Accirmucae. . . . . . _ _ _ _ This action was triTnil4o;ltite Lord Chief Bares, at the last sittings for Middkeez, when a verdict was given for the plaintiff. Mr. Knowles, Q.C., en the part of the defendeml e wirrer moved fur a rile to set aside the verdiek and he • 'new trial on the penal of reidirestien. The deelaration was an a bill of onsibmp. EMU Sep tember 22d, 1817, at Aar pass shoe it% draws upon the defendant by • Mr. Pepe, sad w thw isesepted by him and afterwar4 endorsed by Per teleseplOmmesa, Who endorsed it to the plaintiff. The Lied Met Berea se the trial directed the jury to find a verdict he the piYMI I, at in his opinion the defence sought to be set yy did DM come within the pleas. The plaintiff only pvNawd evl deuce to prove the defendant's handwriung and the presen tation of the bill to Messrs. Co: rust Co., army agents, Charing cross. The defendant intended to ham stated in his defence that in 1848 be was with hie regiment la Dahlia when he was applied to by Mt. Page, also an affirm in the same regiment, to lend him his name to • bill in order Mat he (Page) might get it discounted. The defendant then accepted • blank Siff stamp, and Page afterwards get it discounted by Curium. lie also proposed to show that during the course of the Klemm year Cannon got his attorney to all sp the date with "22nd of September, 1847." But es there was no plea on the record under which the defence that defendant had not made the bill could be set t ut ; ht i lo t r i ii m i,hip had directed the jury to find • verdi c t f or p Mr. Knowles submitted that, although the defendant had accepted th- blank bill stamp with the restriction as to the amount (2001. having been written oa the left-hand corner of the stamp), yet this did not convey an authority to Can. sea's attorney to ell up the body of the bill. If such a power were enuveyed the acceptor might be deprived of the blued' of the statute of limitatioes. The learned counsel contended that the law implied • reasonable time for the tilling on of the bill, and had this been done in the present case, Ile. Page eould have Weir called upon to pay it, but he hail eime left his regiment rad could not now be found. Mr. Brea, Alderson—The question is, what authority don • man give to a drawer who puts his name to a blank bill t . . . . . . . . . Mr. Knowles submitted that the law implied s masouablo time. . _ The Lord Chief Bann pot the following cass . If a an accepts s hbruk biU stamp, and leaves it lying Awl' or lochs is up in ii.. drawer, and it in the INN eve a ['Aeon finds it or in tho whet takes it cut of Uta haws owl hmis it out to the worot sad a buil lla Mile Meese§ ;Kuwaiti& of it, would no rge ppttssrr belief& tw the amount ? Mr. K min se Mut Ile metal wet he Fade, as there wou'l not have Mawr beelitiec the bill: " Muter wen and Allen" (11 MOM ird Wwity) bei dead, .d that. TM Lord Chief BONS *ought the ease of " !Eardrum e. Alira" threw is Melt en** subject, sad be was clearly of opinion that it a bill se bet ee lakes .as iste tie per soden eta bees lb bakke.b • amid maw libe emeiat tn.' the ssessit, gam* be Or assegisr) atm suet THE EXPRESS, THURSDAY EVENING, NOVEMBFR 4, 1852. to issue the bill. Ilia lordship thought it would be Molly il.iugerous in • counn,reiel community like Ibis to hold in • court of justice that such a bill payable to the bearer or ordur, ourld nut be recustred by a bons Me bolder. A. thu case was one of the greatest impatience, the court would not grant • rule without the fullest consideration. Judgment socordingly dr r.areil. LTKIIS I. Low CnaaLr.s Hurssu..—Titz ♦LIDITT OF h. WIJ/JLA7IT ',SURD ST TUB St. ALBANS ELICTION Cumurrres. . _ _ _ This was an action tried before the Lord Chief Justice, at the sittings after the last term at Middlesex, when a verdict was given for the defendant. Mr. Edwin James, on the part of the plaintiff, now moved for a rule for a new trial, on the ground of midi recites. The learned counsel stated that the question was as to the validity of a warrant issued by the chairman of the St. Albans Election Committee, under which the plain tiff was arrested and detained in custody for three date. ' At the trial, the case having been opened and the &fen ,' drat having pleaded a justification, put in the warrant, signed by the Serjeant- at Anas of the House of Commons, and the Chief Beres held that under such an instrument the defendant was justified. The question now, therefore, arose.. to whether the warrant was valid or not. lied the warrant been issued by the Rome of COISIMOCI it would have bean bold a legal warrant, and he (Mr. James) be lieved the question intended to be argued by the Attorney- General would be as to whether a select com mittee of the Howe of Commons had the name authority in issuing writs as the house itself. H. had no authority to state this, but believed that it would be so from the course taken at the trial. The ques tion therefore would be as to what jurisdiction a select committee had relative to the issuing of writs. The plain tiff Lynes was a voter, and butler to Lord Vernlem. lie had been summoned as • witness to attend the select win mitWa appointed to try the merits of the St. Albino eltc tion. When before that committee the chairman thought that, in answer to a question put to him, he prevaricated ; and he (the chairman) issued the warrant in question under the act of parliament by which the select committee* to examine into election petitions have this authority. This act was 11 & 12 Viet , cap. 99, which prescribes the form in which the chairman should be elected, and section createe r in fact, the powers under the Select Committe es Act. The following were the words of that section : " That every such select committee may send fur persons, papers, and records, and may examine any person who s subscribed the petition which such select committee are appointed to try, isolate it otherwise appears to such com mittee that such person is an interested witness ; and they shall examine all the witnesses who come before them on oath, which oath the clerk attending such select committee may administer. And if say person summoned by such select committee, or by warrant of the Speaker of the Mouse of Commons (which warrants the Speaker may issue from time to time as he thinks fit), disobey such summons, or Uses, witness before such select committee give false evidence, or prevaricate, or otherwise misbehave 111 giving or refusing to give evidence, the chairman of such select eewinittee, by their direction, may at any time during the seam of their proceedings report the same to the house for the inteeposition of the authority or censure of the house, as the case requires. and may by • warrant under his hand directed to the Serjeant-at4rma attending the Mouse of Commons, or his deputy or deputies, commit such person (not being a peer of the realm or lord of parliameut) to the custody of the said serjeant, without bail or mainprize, for any time not exceeding twenty-four hours, if the house be then sitting, and if not, then for a time not exeeetling twenty-four hours after the hour to which the house stands adjourned." Their lordships wouldrentember that this was an addition to the power given under the Grenville Act, by which they only had power to report to the house for the interposition of the authority or censure of the house. What he now complained of was, that the plaintiff having, when before the committee, been mewed of prevarication, he was delivered to, and detained in, the custody of the Sergeant -at-Arms for three dajt under the warrant in question, to which he had three ob }actions, vie., it did not state any offence; it did not say that the plaintiff was summoned u • witness; nor that he was ezaaUrt" ed ea oath. He (Mr. Jamts)Woull further submit that the jurisdiction of a select committee was very different to that of the House of Commons hack. It was merely a seethe of the house which bad particular powers, whisk mist be legally and , correctly carried out, sad they themselves were subject to the house. The com• mitts, mealy bad the power delegated to them in election petitions to inquire into facts and report thereon, and if anything further were to be done, application must be made to Hs Mese itself. . . TIM Lial didaßaros said there were many eases in which =fedliedig almimbers made orders which would by as Weft hem a branch of the superior courts at Westminster._ _ _ _ Mr. James atelealtbed that in the case of a committee they tandd make se laden ; they must apply to the house. The Lard Odd Moen considered the question one of imgeirtimire, as betrakiss a great principle and the liberty of the saint. Bei NMI granted. KJER CI:IAMB/at ____—YESTERDAL BORINZIO OF TYR COVET. _ Hurt sat today for a abort time, and announced that it would sit on the 9th inst. to hoar snots from tho Court of Cloores Beach ; on the 28th and 27th nut. to ►air errors feea the Court of Common Pleas; and on the 29th and 7011 tan. to hear strum from the Court of Exchequer. COURT OF BANKRUPTCY v ESTERDAT. Somas N. 031111111KOMIZ1 YolaiminaLa. _ _ BA FltAlillt ♦ND LIGHTFOOT. The bankiiiptsv;erO7n;raiantT,liiiiWstreet. This was the sattileate meeting. The items in the balance sheik whisk astended over 3i years, showed the failure to be a omelderable ens. The bankrupts owed to unsecured creditors, 64,11161. The assets were estimated at 1,680/. in debts, and 2,3071. in goods, besides 21,2071. due on consign ments. Theca were no profits; the losses had been 19,6531. ; teals 3,7801. ; drawn out by Fraser, 3,7 6 0 1 . ;by layybdoot, W. Mr. Reed apposed, for the assignees, on the ground of reckless trolling and excessive private expenditure. The belanse-shest entsualed from September. 1848, when the healtrwpie asunsweed busineu without capital. One had ham behudime it India ; the other was respectably con nientsA Their imam business was to purchase goods, sod sleds Mama as them of 75 per cent. They had sows es dark tranesetioas sad their credit, willi es' a Ibmbleg gel either own to M hook upon. They had lotaght goods 'tweedy wiry we, there ben about WO coedits= ea the balaasewheet. and bad nada sassllistats to every pest of the weft& including India, Mem Australia, sad Oaillersia. At the time of the failure they hod son alereems eutstandlyr valued at _ .. 10,0001., ea which they W obtaiaed esivemess of 43,0 M TheyThghod olusinned lamely to Mr. Rash* of New Tut. WU had authority %sell for Molnar Om he could get TIM he did on the Muse, and the searegessee wee dim wow nothing to moo he the estate ; bu t . te the Misr hoed, lb. Ritchie heed to be a attain Altagatior there were claims against she estate of 67,8001.; way had been received end the name mem& resolvable would be 4 ,001 N. lis in may ease% owing to the went of sufficient in • quiry into the stability of the assignees, there bad been homy leases on the sessignmente. The amount es far ascertained was 13,1731., fa addition to 6,000/- by bad and doubtful dews. Win ea item of 21,0001. put down as M imeses duo ea maligaments on which advances bad been wage, but on wbieh the assigeoes did not look with any Impsful eye. Them bad Ulla literally no profits, Mee the trade expenses bad been 3,7601., the private cl llir of Feuer 3.3101., mad that of Lightfoot 4,3281., si its respectively at the sate of 1,0001. and 1,4001. a year. T o letter, whams ospeaditare was the heaviest, was a sea, and was iwealvent to the extent of 4601. at the mmeseaseinent The bankrupts had suspended payment be August, 1861; they had then convened their creditors, smil submitted a statement showing a surplus. Inspectors were appointed; they found front time to time that the mats were melting away, and eceordingly required the bankrupts to plum themselves under the jurisdiction of the Mart, which they immediately did, by doming declarations of %solvency. Only 2001. or 3001. was collected during the ▪ lisallis by the inspector.. It could not be contended tee the Urea were unavoidable, but the assignees did not Wilk to form vindictively against the bankrupts. Mr. Lawrence, in support of the bankrupts, admitted that the amount of meets was uncertain, but showed that this wee attributable to the speculative nature of the bui the latila lt= the basissuses owed es, that of consigning goods to nesiset. The Cominideese—ilse not that been matter of nolo . riot y for paspassad years t --.- Yr. Lawmen said it wee me, bat it was also notorious to the creditees that this bankrupts mem engaged in this busi ness. It Me said 82 had mmalgeml to an parts of the world, but their Fri teesiskaabes had been to India, where Kr. Fraser, the priadvii paddler, bad been, and had a perfect knowledge of the marksts them. AU this was knows to the madam& who would not, therefore, complain of the way in whisk the huetwees was carried on. It was said the bankrupts had reposed plenary power in their con signees. Such was the uniform practice ; and it must ne cessarily be so; for how could consignees at such a distance oessmunieate with their principals ? All the large mercan tile Mimes condected their basiesse on this principle—ob taining advances en the goods, and relying on the probity of the eewign.ea fee the rest. Nothing was so sensitive as the state of the foreign markets; on this depended, in many eases, whether a merchant became a bankrupt er a mill cream. The great loss in the realisation of the motet, was mainly attributable to the failure. At the time they were in the highest possible credit, and might have pur chased to any amount; but the moment they found them selves in dificulties, they called in accountants, whose state ment showed either a surplus or assets producing n...r in the pound. But the arrival of advices from In undiug iv Nil them; though nearly 20,01101. was still du.• on r.in•iginuente taking theta only at coot price, it was 1.m1,,h1e that little writhi he receited ; fur the roii.o.tnees if they ...11.1..ed any art..ll.lt set atil, would lto vat/ to rend er It t o 'n e t, own law ao we, always done in the easo of liiltir. , red rrsu.t vie" the creditors solf,.rud. we. no ['remain, for eivirigitip the II Mkt oliblit with fraud or diabolic.%) : th .re had teen 110 Ilailt•r.Tv.ol.l.itioct to creditor, 11114401. r.. Ki air', of their mince) • a n d no individual en ;lit iiirwsrd to c was arid Bo t, intact, he I i.ern tockles* and improvident ; hot that depen .e.. 1 on thn 1.1 the b • •s Calfliol en, .ual t.huuld n,, In jitilge.l 1., the' noun. It trio .11. y had no capital, nod acre not 0.-. titl..d in coutisuing their truth. in tl:e fact tit hirge Nur had tt.ry done el. they were obliged to wait for ad- Itll c mitt nut kn.., the reault till tl.u..e wee.) els:rived. They had not kept thoopelvin Almt by twin 0000• Lllparidinslng, but had applied their ad. &man in the IN.. The large expenditure had arisen from the opine it whisk the bankrupts were obliged to =pre. They bad been out of business since August, 1851 ; the toe bad been before the court iduce March last; it wo, therefore, hoped they !night now receive their certifie.des, ' as the book-keeping had been remarkably accurate, and the justice of the case might be said to be swindled. The losses, nrising from andenmenta to foreign markets, were els:m.4'l univuidahle. The Commissioner—S',ow me that there was any special shock to the market, and I may come to that conclusion. Mr. Lawrance urged that the foreign market had been in an unsettled awe ever since the panic in 1817. The Commitioner—That ought to have mude parties spe culating more careful. Is it usual amongst merchants to make advances as high es 7.3 per cent. ? Mr. Stenstield (the official assignee)—lt used to be so ; but in the last few years the syrem has been very much altered. It is found that there cannot be a profitable busi ness carried on by making such high advances. The charges upon the goods, and the unlimited power given to the houses abroad, halm away all chance of a profit, it the advance is so high. Mr. Laurance—Such advances are made here by the Oriental Bank and by the Simla Bank. Tho best test of this is that it has been done in this ease. Mr. Slam&ld—But it must be admitted that these Urge advances are now very much circumscribed. Mr. Lawrancc—No doubt of it; but still such advances are made by bankers sad others who ought to be able to judge of the value of the security. Mr. Stsusfield—lt toads to the destruction of confidence. The •And it is a system which enables men such as these were, without capital, to go on with the semblance of means which they do nut posters. It appears that these bankrupts commenced business the one with nothing, and the other worse than nothing. I have fre quently said that I do not consider the mere tact of a man emmencing without capital to be an *Mince in itself. Thousands have dune so, sod thousands have prialiered. But it is essential that a man entering business without capital, should take care to carry on his business in a very steady and careful , so as to ensure his not ultimately speculating—not at his own risk, but at the risk of his cre• Miura. Under these circumstances, the bankrupts having no capital in tho one case, and a deficiency in the other, entered into a business Involving such very large sums as one which now meets my eye.—" Cansiguments, 09,0001.; deduct advances, nearly 48,0001." This was utterly unjustifiable. I therefore must con‘ider that they have offended greatly in excess of trade ; and when the matter comes here, or comes into any court, it lino excuse to say, " This is a prevalent offence—• pee valent vice ; this is a system of gambling which the trading world generally recognises." Here we must consider it as undue speculation ; even if every creditor had been aware !ache market to which these goods were to go (which is nut drown, and I should rather presume the contrary, because 1 Who it that when a creditor sells goods he very seldom oho where they are going), I should still say that taking geode upon this reckless speculation, continuing to borrow mad buy—borrow and buy—would be highly reprehensible. nal next point, though it bears but a slight proportion to tho offence of the reckless trading, is, that the bankrupts !Individually pare nut shown that regard to economy which awry trader, and especially a trailer without capital, ought to sbow. The expenditure, especially of the latter bank- Mt, is utterly unjustified. I can see nothing of unavoid able kiwi or misfortune in this case, except the loss and mis fortune arising from reckless trade. This may have been unavoidable in some instances; I will give them the benefit of the probability of that; therefore, I will not degrade them to the third clam of certificate, but will give them each a eertificatirof the second class; but it must be sus pended fur 12 months from the time of their passing their last examination. Mr. Lowrance applied for protection, which was granted. Is RE BAKER AND BAKER.—IRPOIITANT TO STOCK- BIWILEI/B. 7 MISAM4PRIATION OP FUNDS. The case of these bankrupts, stock brokers, of Throg raorton•etreet, was reported in our journal a few days neer. His Honour today said he was sorry to say that the case lay in • very small compass. Thu bankrupts carried on a business of which very few came to that court, and when they did so come, it became the duty of the court, from the peculiar nature of their business, to re probate very severely any misconduct of which they might have been guilty. On the present ease it might be remarked that these bankrupts bad made Large losses by speculations, and lived at a rate that was very nearly equal to the amount of their commission as brokers, leaving little or no margin to cover their losses by specul Aeon, to the amount of upwards of 8,0001. The speculations hal been principally by the younger bankrupt, but be could not but hold that partners were liable lot the transactimis or misconduct of each other. It was the duty of partners to watch over and investigate what each was doing, and she; once attention had been excited to any irregularity or impropriety of conduct, it had become the duty of the partner whose attention had thus been excited to be most especially careful, and to consider that every act of the ether partner was, as it were, his own act. In this case the attention of Mr. Baker, sen., had then been excited. He hail reproved his son for the speculations, and the chairman of the Stock Exchange had also made remon strances on the same subject. The father's sins had been situ of mi.,' ' , ls in not sufficiently controlling the actions of his son and partner, but although he had not been so cul pelvic as his 600, he must hold him as • partner responsible for his misconduct. The bankrupts belonged to • class whose conduct it war the duty of that court to watch with peculiar vigilance. They were entrusted with other people's money for the purpose of investment, and the commission upon those salts or purchases was the full measure of their profit. They were in some respects similar to bankers, but there was this difference—the customer of the banker en trusted his money with • reliance that he would lend it to others only upon approved securit es, and it had been said before a committee of the House of Lords, that where • banker faithfully performed his duties, the nature of his business was such that it was scarcely possible for him to become bankrupt. Now, if this were so in the case of • banker, lie (the Commissioner) could state that no blotter could possibly fail who confined himself to the legitimate business of a broker. His stock in trade consisted purely of his punctuality and integrity, and that court must heavily reprobate any dereliction in this respect. He would state that the conduct of both these bankrupts had been generally faulty, but there had been a special case of arise , tiduct for which so excuse could be made. They had become the brokers of Mrs. Sutherland, and em ployed by her in many extensive transactions, to the amount of between 30,0001. and 40,0001. As ouch they were en trusted by that lady to sell one description of stock and invest it in • different kind of sea urity. She gave special directions in the matter, and the only thing that could be advanced as an excuse for the mis appropriatios of any part of the money was that the stock required to be purchased was one that was not readily procurable in the market. He had carefully' examined the correspondence, and be had no doubt in his mind upon thisPoli. He 'la; believed tha t there had been nu premeditated intention on the part of the bankrupts to misapply the money. Thus the case was not like that of some parties, who induced parties to entrust to them money without having any intention to appropriate it properly. lie did not think in this ease that even the younger b inkrupt intended to misappropriate the money ; but that a delay being necessary in completing the pur chase, a part of the money—he (the commis sioner) hoped imperceptibly—was drawn upon. He would here take an opportunity to remark that Mrs. Sutherland was not a person who had been wronged or de ceived as a widow or inexperienced woman. He (the com missioner) had very seldom seen more business-like letters than that lady had addressed to her brokers. Still, though that circumstance did not leave the conduct of the bank rupt so bad as it might have been, it did not prevent the circumstances of the case from being bad. Mrs. Suther land's suspicions having been at length excited she in structed her solicitors to apply for the delivery of the certh Scales of the purchased stock. The solicitors were at once told that the bankrupts were not in a position to fur nish them, and that time was required. They admitted that the money had been used, but hoped that they should in • short time be in a position to replace it by means of raising money. There was no misrepre sentation in this respect. The bankrupts did endeavour to raise money, and a Mr. Severs became security for the amount due to Mrs. Sutherland. Severs was represented, but not, as it appeared, by the bankrupts themselves, to be a person who had long been in business, and no speculator ; bat it was observing of remark that Severs was at this time • large ebtor to the bankrupt', and which debts had mainly- arisen from speculative transactions. Severs be came bankrupt, and his security worthless. A portion of the amount hail, however, been refunded in another manner ; but here, he must observe that there had been the unfa vourable circumstance th at the bankrupts had professed to have paid the calls upon certain shares which really bad not been paid. This might have been done in order to convey to Mrs. Sutherland's mind an impression that ell was right. The calls had been afterwards made good by the bankrupts, but it was at the cost of those ready mere icing classes, unmarried aunts and spinster sisters. Ha (the commissioner) felt that it was the duty of this court to visit severely all caned breach of trust, and he had doubted whether, in the case of the younger bankrupt, be could stop short of • refusal of the certificate altogether; there were however the favourable circum stances that there had been nu premeditated intention to misappropriate, and that the books of the bankrupts con tained* lull account of their transactions. Taking into consideration these eiresoustances, lie should stop • little short of the total refusal of the certificate of the younger bankrupt, but it weula be suspended for the longest period short at a rsdusal--taat sal three years. The certificate of the other bankrupt would he suspended one year. As re gardi d the class of eert fit KC, there had been nothing of unavoidoble hhs or m.-fortuue in the case ; the err . titivate of each bankrupt would thus be of the 3rd class. The Nair.* ltad arisen from undue speculations on the pert of the younger haiikrupq sod which soceulatioha the other leukrupt had rant sufficiently eact tril himself to arrest. Ile Inuit also sta.° that the certificates whin ar s ur s d would m ly hoete no the consideration that in the ev....t of the 11.116.riipt- hereafter coming into the poectsion of lie peaty, they eho.ill not be pleaded as against the i right, of the keur, of Mr. Sutherland to recover the amount, nrinippridiatel. Protection would be granted, e s fur court could not loch that It ought to give Mrs. Suther bud a double retne•le. timue sent of., tweeds raised as to the circumstances wilier a toes Mrs. Sulierl 4114 . 11 extrotors might prosecute their chum, what it as. 414 cidrd Chit they should be goy. real by the decision or order of this court. INSOLVENT DEBTORS' COURT.—iESTERDAT. iilrOat 11111 Cain 0 , 1111111040NP11. IN TON MATTER OP lIEVJANIN J•RNAN.—A LONG INPROSUNNIMT. Th't imolvent, an old man, applied to be discharged from Horsemonger-lame Gaol. He had been_ in prison many Bye years, and said he had been supported by the county all. !axe. The. Chief Commissioner asked him the ul staying in privm st long. The insolvent replied that he was tryinq to settle. Chief Commissioner—What "trying to settle" all that ti we ? 'I he in.olvent said he had expected to get out but cmald not, and ho now petitioned. The Chief Commissioner inquired how he had procured the means to rile his schedul, T It was explained that an application had been made to the charitable fund of the court, and an allowance had been granted. Hi■ Honour ordered the old man to be forthwith die. charged. MORN ACCOMMODATION BILLS. Since the sittings of the courts have been resumed mists Face been beard in which the applicants had got involved by putting their names to accommodation tolls. and by be coming security to loan socitti..s. 'fo-day one party ad mitted his "foolishness," sod promised never again to offend. The learned (7ommisqoner exposed the system in the hope that other persons would aluunin tom uhiininst their friends with their names and thereby getting into prison. THE POLICE COURTS. MANSION-HOUSE. • George Brown and William l'nee, well dewed young men, were charged with having attempted to rub an old lady. A man, who had been an o ff icer in one of the city prisons, said as se passed; along Thimesatreet he observed the prisoners at the door of a public house. Ile watched and saw them fellow an old woman to the steps leading to London bridge, where one of them slipped his ban! into her Pocket, but as was a,certeined soon afterwards without bent Ming much by the experiment. The lady missed no mere than sixpence, upon being asked whether she had lost any property. The prisoners upon being apprehended " bounced " very much, and told the tinker he mutt mind what he was about, as he had gontlemen to deal with. lie however ventured to charge them as common thieves, and ho found several other policemen to confirm his statement. Sir George Carroll sentenced each of the prisoners to im prisonment and bard labour for three months. David was charged with cruelty to a cat. The defendant had walked into a public Mimic in Jewry. street with a ferocious dog. A poor "harmless, necessary cat" was sitting at the fire, and the defendant set the dog, which was one of the bulldog breed, at her, and caused her to be bitten acmes the back in such a manner that, alter struggling in great agony, she died. The complainant mid the fellow he was a cruel beast, and that he deserved to be well cut across the back himself. " Oh," said the defend ant, "if you talk that way, come out, and I'll give you an upper rut or two;" and he immediately prepared to set his deg to stork. Not fancying the bulldog grip, the cow-' plainant quietly sat down, without attempting to provoke either the animal or his master; but be thought he was bound to take the opinion of the Lord Mayor upon the subject, and ha accordingly applied fur a summons. The defendant said he had no intention to set his dog either at the cot or gentleman ; but it was well known if an animal of the breed was insulted, either by one or the other, there was no answering ter his temper. Sir George Carroll said the conduct of the defendant was most brutal, and sentenced him to imprisonment fur seven days. 1 BOW-STREET. Wilane Herbert liarnson,k;ePer of the receiving house, 14, Claremont-place, Brixton-road, was brought up on remand, charged with stealing a letter and cheque for 161. 3s. 64., posted n the 13th October by 11r. Cronin, of Brixton, and with cashing the cheque at Mews. Drum mond's, Charing-cross. Mr. Peacock prosecuted and Mr. Wontuer defended. The depositions were completed, and the prisoner was committed for trial. THAMES. James Cunningham, an Irish ►abourer, aged 43, was charged with assaulting and wounding several persons. W hen the prisoner was first brought up a man named Geo rite I lorn,of Alfred-street, M w all , l'opl ar, stated that he was returning home from market about half-past 12 o'clock on B,turday night, with his wife, brother-in-law, and nephew, when they met with a number of Irish, to whom they did nut utter a word, but who appeared determined 1 1 to have a row. Mr. Evans, a young man, Horn's nephew, I was first struck by an Irishman on the mouth, and in an instant he was covered with blood. lie ran towards ! his uncle, and appealed to him for protection. Mr. Horn remonstrated with the Irish, but had no sooner addressed them than he was fiercely attacked by several persons, one of whom seized him by the hair of the head, dragged him down the street, and kicked him, while several others beat him about the head and body until he was quite senseless. Mrs. Horn, who was far advanced in pregnancy, implored mercy from the savages for her husband, and she was knocked down and kicked. The man Horn, when be appeared before the magistrate on Monday, was in • very weakly condition, and his head and face were much cut and disfigured. The neighbours hearing • noise, and cries ef murder in the street, rushed out to ascertain the cause, and the prisoner and three or four others armed themselves with pokers and other weapons, and assaulted every one they came near. At one time th,re were seven or eight persons of both sexes lying bleeding on the ground, and the opportune arrival of • mounted police patrol, who heard the shrieks end cries of the wounded, and rushed in among the Irish withihis drawn sabre, pre vented more bloodshed, and perhaps murder from being committed. The prisoner has all along stoutly persisted in asserting his innocence, and on Monday he called • country man, named James Delaney, strongly suspected of being one of the actors in tho outrage, who swore that the pri soner never had a poker in his band, and that the prosecu tor Horn came out of his house with a cutlass and struck as Irishman on the breast with it, and wounded him so se. verely that he was confined to his bed in a very dangerous coalition. Horn, who had been so grievously injured, could nut appear yesterday, and is confined to his room. Mr. Yardley said he was strongly inclined to think the man who had sworn the prisoner had no poker in his hand ought to be standing in the dock with Cunningham. The prosecutor had been most cruelly and wantonly assaulted. Things had come to a dreadful pass in England when is or seven persons were ill-used and wounded close to their own homes without any provocation whatever. He should commit him for trial. MARKETS. COTTON.—Ltvxaeout., Nov. 3.—The sales to-day are estimated at 6,000 bales. of which speculators take 1, 000. The sales consist of 3.50 Pernarn, at 614. to 71d. ; 300 Egyptian, at 664. to Bd. ; 600 Surat, at 30. to lijd. The market closes heavily. Prices of all kinds are the game as on Friday, except American at 6d. under, which is ed. per lb. down. ______ HOPS.—Woactanta, Nov. 2.—Our duty is declared at 12,4181., which is less than expected, and has caused a very brisk demand for the new Ilops, which were left oo hand, at 7s. to 10s. advance. Choice are now worth 1205.; and line qualities, 10as. to 112 s. The number of pockets weighed during the week were, 310; Saturday, 346.-IVorcesler Chronicle. VORN.—Borrox, Nov. 3.—Our market hu been scan tily supplied with Wheat to-day, and the quality very indif ferent. Tho best samples realised fully week's prices. STOCKTON-ON-TIM, NOT. 3.-We have fair ',Tina" of grain coastwise for the past week. To this day's market we had a good supply of grain from the growers. Wheat met a steady demand at the ful' prices of this day week. Grinding Harley continues very scarce, and is held for high prices. Oats met a slow sale, and late rates barely supported. Deana were in demand at last week's currency. In other articles no change to note. Prices: Wheat, per qr. of 631 b. to the bushel, Durham and Yorkshire, red, 411. to 434.; white, 461. to 485.; old, 455. to 475. ; red, 435. to 455. ; south country, red, 42a. to 435. • old, 435. t 455. Oats, feed, 18s. to 20s ; potato, 21.. to 221. Deans, old, Xis. to 375. Wheat, per qr. of 6311,,. to tho bushel, Dentsie, Konigsberg, and Elbing, 50e. to 515.; Rostock. Wismar, and Stralsund, 40e. to 475.; Hamburg and Stettin, 45e. to 46a.; Holstein and Danish, 445. to 455. Oats, Russian, Swedish, and Danish, 16s. to 18s. Peas, boiling, 395. to 40e. Flour, per sack of 2801 h e., tines, 325. to 33*. ; superfines, 345. to 351. Oatmeal, Scotch, 30. i. to 31s. Fine Pollard, per ton, 01. ; coarse, 34.101. Bran, 31. 10s. Imports during the week : -Wheat, coast wise, 1,270 qrs.; Barley, coutwiae, 600; Peas, 60. CATTLE.—Rouroan, Nov. 3.—We had a shorter quan tity of stock at market to-day, which sold on rather better terms than last week. Bed, 2.. 10d. to 3s. Bd. Mutton, 3s. 4d. to 4s. 4d. Veal, 3e. 6d. to 4s. Pork, 3.. 4d. to 4s. 2d. SOUTHALL, Nov. 3.—Trade heavy to-day, and prices much the same. Beef made from Is. 10d. to 3s. Bd. Mut ton, 3s. to 4s. 6d. Veal, 3s. to 4s. Pork, 2s. Bd. to 4s. per stone of Sibs., sinking the offal. COALS.—LONDON, Nov. 3.—Ships at market, 41; sold, 26.—Holywell, 10a. 6d.; Howard's West Nutley Ne therton, 161. 34. ; North Percy Hartley, 165.; Stewart's Hartley, 161. ; Stobart's Tees Hartley, 15s. 34. ; Walla End Oostorth, 17s. ; Walls End Harton, 17s. ; Walls End Johnson, 16s. 6d ; Walls End Belmont, 17s. 6d.; Walls E n d Benddyll, 17s. Od. ; Walls End 'Luton, 18s. 3d.; Walls End Haswell, 18a. 61.; Walls End Stewart's, 18s. 6d. ; Walls End North Hartlepool, 16s. 34.; Walls End Whitworth, 16s. ; Walls Eud St. Helen's Tees, 10.. 94.; Walls End Tees, 18s. 3d.; Nizon's Merthyr and Cardiff, V.s. NEW PUBLIC HALL AT WISBEACII.—There was • grand demonstration at Wisbeach yesterday (Wednes day), on the occasion of the opening of the new Public Hall. The want of such a building as this has long been felt at Wisbeach, and a number of gentlemen accordingly cam , bind to raise the present building by shares. It is 'Mamie in hill-street, and is in the Italian style, the architee's loins Mr. Uttiug, of Wisheach, and Mr l'illaingtou, of Baur,. Linculcahire. The building enito'ns a large room, mai mated to seat one thous inil person., • le, Nee room over, with class and committie rooms, and subsidiary offices of every necessary de.cription. tl * 4 OINTMENT AND PHA. 110/11,11.PELLY 511.14,4(101.4 IN o'll,o .1 EMT',* Or TEN . 11.'0 store dealer, if Prior's-mreei, Liverpodd. was an tie for uoem,l.. of tea pare with a violent rembutio affection in the bad aDb h • him 0.0 much pin and agony, that Iva boll ybe 11,h b' ea- •r. Itrietid. Dot lox thls period he hid the advice et povi.ral culin•pill practitioners, but Whileet otaehilog the oliglilo4 talle. Ile tom, purcomed of hir. Thomism chemi,t, Stanhope-n0...', Llaerp 01. a ooe of llallomr. Uinta* at and i Ills, Which, by pm eerie met. In till use, set', shortly awed the Mare, and restored him to perfect health and iltrenitd -14:11A all &m s ina, sad at Penh:our holloway's ealablidusost,,l44, Lark. SHIPI'INI ]N Ann.tinn that Um n bn •he Linty—awl St by COUNTLIV. America( by RH cpreket A ta,ret.)U ,1,1% ,, Ctr —• 0 •••• _ . . reaka ill I • asr¢rttf l w ustralla(sta Soutisamp ton) Dot. (via Marseille.) N I •IS.ttotais. Gaye of ooodl How) Atrtes l Neat Css,tlr.a. N' Snail M tazoos NM , Califormis_ 1N.... 16 .»»... —. Nun. Y ......~...». loth of ewe moth ;21th did, mouth, :2041 of December' 123rd 01 the WWI 1111 1: turairtli 01 MlO 104 i 4th of the son • otls of the 14.4 th miltllthof amok 14Eltof the =oath 142 h of tie 'Louth, 7th171b17t124,30 1 1041417thotro • u:0 him.% ad v feerl.l. liodal7l.l,lrwail, jobs .204 Cops..! Gaol kupo 111 Ceps do Cords Oartar :nor ir • .14 LAatral Maeries (Aaeivei Idea Mud ..... —..0 Maas UN re, lieed..ram Irclor , ! ..... t Nedia(viaeoatliaatnt.) M Ladle (via Uartailier) NI !Adis tria Cape at Cord N, V Nl4tOrrAlleal (Oa Amt. 71 627LY.Mm.,a Tuvaley It Prigs) IWertn.. Bs Facet 1711 of the agaittl fwlee Cafh 't 7 ill 7 :t7ii; Month ] ntikWith , f 144 of the month ,Itth et the useath • aptaß) NI qv, • ilarallurf Pit whin .......... Malta* 6tali••••• e• , N V.e.•utula re: u.. rn..rua3. v• .... ...P; Vita Dimes'. Load (we Auotralla) 11E4110f ti , ^ LUAU. ,11(1.1•34110 • 0: M 1.. ., Ile of tho r.ohtt talltkt ul the .I.to. kaothott. 5t1.15t1;25t601 moo: StblStllllti,of ot. t 7tblittt..7tatof n.• ~1 1101.417;1v r t. o •th, 1.41 1.r. , n40tt e!1.4,1 awl/I;l7th ;Tw; ••P aNt, - _ • The milk for Aaetrol a efa the Cape of ti , ext Ilnpe are re tie up on Me mot of ewes alternate month. Vim* matte up nn tht 7 , tri awl :int& of each Month •ia Southanm oe en,l Ilarstilke ur i , n, by sailing rowel. et pi event from Singapore, tut taut Seer tort au: be sent .11 %fait% ore dvd made op oc ho 2nd of every idaenate month tot the CAI* of Good liope. . _ • The tust:s to Mu.* enurtries than marked (•) ato Duo% erol by 'reach racket to learmillea. CASUALTILS. Anna Robertson, sail;dfrOin --- Ceyro; April G, for Landon, was spoken with May 18, in lat. 34 S., lun. 2b and haa not since been heard of. Onloare, Field, of Sunderland, from 'broil to Falmouth or Clieenstown, was abandoned in a sinking huh. Ott. KM lat. 44 N., lon. 11 W. ; crew eared by the Clio, Orachy, of Jeney, arrived here.—Cadia, Oct. 26. Louisa, of Stettin, timber-laden, in miming for the Ten Oct. 29, ran is the North Gar, went on shore south of Seaton, and became a wreck ; crew saved.—Middleo bru', Nov. 1. lelhoinne (11, Coo, from London to Melbourne, p u t i n here Oct. 21, withhos of all her topmasts, ph-beset, sails, and other damage ; part of the we. ek got foul of the screw, and atter it was cleared the 'mad made it Brest deal of water; a survey hasb.en held, and she wa.i.ntial to be still leaking, though at anchor tat smooth water; she has been ordered to be lightened to dbrover the and, if that should be insufficient, mu , t be totally au. loaded, and placed in the Atwnal Dock.— Lubec, Nov. 3. ROsitind, Ingram, from Memel to London, and Achilles (barque), of ll.inrzic, have gone nu shore on ttteldle Ground between Elsinore and Col:with:lB,n ; the Achilles was leaky. Triton, Kuck, from Hamburg for this place (with bones), was driven on shore here yesterday atti rnoon, during a strong breeze ; crew saved. Th, ,1•1•1:: is dri%en nearly to high water mark, and cannot be got cli before the cargo ts discharged.—Newburgh, Nov. 2. •ItHIVED. hemmer°le-at Liverpool, November 3, frem....... Now Toth Asa.on -off Liverpool, November 3 AULOZA-at Gravreend, N, ember 3, from Aet,-ai Gravesend, November 3, from ..... ......... BATATIMI-11t Gravesend, November 3, fr0m....... lapin BABA IfIAX -Off Liverpool, November 3 LtettLzu -off Liverpool, November a Br -at Brkol, Nov 2, fr0m.......„ ~.... ...... .... ..... &myna, 11.11101•CSIVIUL-at Garturaith, November S, from Lunar,* CUIURACI -at Queerstown, November I, trna...-. ilatany a Caw. Cactus-at Grarcwnd, Notember 3, Irma Gothenburg CONTI,NT-2t Liverpool, November 3, from -.........Ma1egs Duane-at Deal, November I, from ,Ilariaaupie DAIII,I/1- at Plymouth, IduvriMer 2, from ... ... . Qoroo ' Learn -at Queenstown, November I, mom Ptilbelrqns ELIZA-St Gravesend, Noverotior 3, from Alea.tudtti Gras. FIIIWZYICK -at Folmou•h, November I, from Ceta'airn Guinea -at Gravewnd, November 3, from Pow, toe UL/11101 JAVTIniA- at Gravesend, November 3, from Stettin ' Heureatau-01l the Wight, November 2, from Yana Nava -at (iravesond, Novernla r 3, from Petersbug ISAIXLIA-st Gravesend, November 3, !rum to4l bbrit bisi.ea-at Liverpool, November 3, from Alra awe. JAVI-at Gravesend, November 3, from Patna LAMA-at Oravoseod, November 3, from lkliAlsrli MART ileu,-at Grl.mend, November 3, from Nediremnean Nonni AMUR, -at Liverpool, Ni, .ember I, ft UM St. John's, N. K. Nusest-at Gravesend, Nov. 3, from Petersburg NITTA-It Gravesend, November 3, from West Indies Nromv-at Gravesend, November 3, from Taimareg (loess-at Gravesend, November .1, from il,tersburg Prvisurrn Rorie-at Liverpool, November ?, from dr. Jubu'., N.B. BOSSY} IFIMIUMON-at Liverpool, November 3, from LIKIIII2 summa-et Li•erpoo!, November 3, from B. annoy floorona-at Gravesend, November 3, lrom nundewad Porteriaa-at Gravesend, November 3, from China Teworro rata-at Liverpool, November 3, from St.John_ ,',, N.n. TIIOX.S BkOCIULZBAIII-St Liverpool. November 3, trom...Culcutta I'lmoms-et Portsmouth, November 2, from . New V, ra Wa. Wllortiab-at Gravesend, November 3, from 411examlrla BAILED. Arta/me—from Liverpool, November 3, to. New Tort Atasesura —from Gravesend, November 3, to ilann:ios DAKlNO—from Gravamen, Nov. 3, to KM ED W. BUIS.— from Liverpool, November 3. to Cokuua EMILIA—km Liverpool, November 3, to New York Lorca—from Liverpool, November 3, to New OT .o Morau.a - from Gravesend, November 3, to Ragebnri "----- .--- ittrarmend, November 3, to Sao /main* n LiTerp"l, November 3, to Zeirrizre Liverpool, November 3, to P. Psabp Ray. VASSELS SPOK RN WITH. Barbara, and Oriental, both from Quebec for Lircrp .31, Oct. 7, ri the S.W. point of Antioosti. Bialston (barque), glom Calcutta for London, Sept. 20, lat. (1 S. Caroline (barque), from Liverpool for Tort Phillip, 2.3 $43,113124 trith emigrants on board, all well, Sept. 12. laL 1.41 N., htn. :IA W. Earl ul Derby (emigrant ship), Sept. I, lat. 933, lon. 26 W.; all Intrepid, from London for St. Ileleng Oct. 3, of St. Antonia. We of okye, from Landun to Bort Phillip, Sept. 5, lot. 10 N., II W. John Beckwith, from Liverpool to Australia, Sept. 2., lat. 6 N., los. 32 Wt John Knox (barque). for Phone' ae, Aug. 14, In the Straits of Gal; v. Johanna, from London for Rio Janeiro. Sept. 13, lot. I N , Fun. 21 W. John Hamilton, from Cork., for Liverpcul, Aug. 22, uff Agultua. Joshua, from London to Rio Janeiro, Sept. 13, laL 1 S., 1011. fl W. Kingebridge, from Lesion, OM. 23, lat. tl N , lon. 16 W. Leda (barque), from Madras Jur tendn, Sept. 2, lat. 24.17 tk, L M Mbar, for Austral', Oct. 31, Off Tory. ne *sho (shie ) , from Qr.cutta lig Loudon, Sept. 24, lot. 18.91 E, loc. 134 W Sydney (s. a), of London, gent X, lat. 10 S., kin. It W. Tampico, from the Maurituss tor Liverpool, AV. 3, lat. 3.) tom 11 E. [Advertisement.) FIFTY TitorsANn CCRES WITHOUT MIUNCINI6 by Lk 13.41k1iT . A MITALINIA AMAMI, F,..4. — Cure 19,212 :—.• Ylft) years' indeverllvrble agony Irma dyritv,rst igrvoustem, nothats, cough, ennrtipattoo. rt dult.nev, .0,4101. 41 : hew at the stomach, and vomiting% have btr n removed hv eat:client food."—Martc Jolly, Wow. thrm, Ling, net, 11uvy Nett. Care Na 71 of dyspeptea : ream the lingla lion. the Lord Stoat: tle Device I have derived connldcroble bvnetit trout your Cod dri author,se t h e publicstion of these Intot."--* oat t tic 1t... no. I'l. la Cu,ugere, 31b., at 11s. ; 12 lb., at Sot t.r.rvttntri .I,lJ.aty, at 335. ; 3 lb., st 225.; the 101 b. end 121%. .011,10 it 01 by Bout Do 11.4111 T 11SOLO., 77, Ilesentodect. 1,11.4.111. BIRTHS, MARRIAORS, AND DKAIB:. ISTItTitB. BREL—Oct. 31, at Abb the Rev, 11. ?ree, • MO. lirgrltY.—Oet. St. at Bul.trodeooreet, the irt , e of T. Von., of • eon. LllolllNtitt)N.—Oct. al. at IlanaßeY ton, ohs daughter. MACGREGOR. —Nor. tba wit* of Capt. R. O. Ma r, Mrs. C.11.1.54..r.k Oketeeatar-place, Port Man-equate, of a eta. lIIALAN.—Nov. I, at Great Camarillo tatter; On trlk of IL V. Malan, faq., M.D., of a eon. EohTll.—Oet. 37, at Weatermg, Ntanlet nn , Laly North, of TVKV..—Oct. 34 at Canterbury, the ode of the tam. V. E. T. e a an.. MARRIAGES. ADDISON—FOSTkR.--Ilet. 31, at et. I t0,..1t pa•l4l church. by the Rev. N.J. liratleltl, ' Vt tr. G. 11. til,aory, • Mr. T. Athliooa, Atm tithtt dt moo rut thr :s r all of Widow. IRF,EN KAI—STRIDE—Oct 31'. at St. Char!. ;an• vine, br the R..v. A. I . (Not.ter T. t:, Ay, , 1.1 t place; l'entonehle, to Ann, second tl turner .4 the lAil It. • Foy., of Margate, Kent. DRAWLS. CAVrt R.— Nov. 1, M rtxuh ta..l I rm.' , • r teen t 4 4.44'044k, ••-, ; ix:en t - Ih.portmost ;9„ it I ....IA I. MrAI;.' ''°' him J. Ei.teasr. Keg. u• Uhl ali6l •or %rlilirON.—''m. I, It , h tI, .411.4 • e %w.f.. a Fig, YOH I %, A N.--ort. al, at hiskLan I 14:1..r‘. • r F. U. P 04.. lL P , 0., Iv. 1.4.01 • Oet. 3!. at hick Aim. s ut Lvov kainio., .01.31 t• I L-o I' I ucc, I .N. W I t v,v,„ •v mr •si 'Aare t. Ip. g .1.0.1.30, I.k. • f Irtarrl 01 tbo Newrl.o. h ViJont• en, in the 011.0 an. . P.it.ted anti ituhti-hed ff Wt. t t ,tf 11,. • No. ^Ufa% is the • it) It Conduct, r al •q , °H D• a 1 refit. it the prar.l.,ct of %hilt Sea..aa ° 1164 '6l INTELLWENUIS. ,BORN k: MAILS. 1.14 WS r. Up mut, .1 •.•ni 4. he geornaor —4s.putelt.l Day Hes lures k is' oz-LI Y. • •Jacv ten. ot..t I ."ne.. 1 INov. 5 !has :k.~.9 ILl.apori 1Laway..“....., eloatt amps. lAouthavvine. Ll”ver ..... lirrnoallt 4414 IMA‘s• It- NAithsa, gym.. I..nr mixt. tv• ✓lywo ' Hy s.outti - • Iti /1.• 1.'41 ..... 1.6x1 i~..,0,~ ~ t.radv... I - !,;:.' I I); •cr . ... nr outh l'lyAgAtit , oAAa.p .1111.41140 ' I L r •n4u.:p!a !Nov 12 Nut, . I Nov. 2I Nov. t 7 I Nos. 'N.m. 17 .iNto. 4 'NA. 32 'N.A. 3 Nov. IC !Nev. i 2 t.,. Le: I' /A- u A 4 Poll heal Pity+ age, nod J❑ the CI L. Repot ;ore*. In troation t 1 4 6. 1.2P!7 It is_ atti, rn exclu,‘ over:3,tl biinattt Y "it "Times" a rn. i 1. 1 . 774; which It • agty years !low Muatlt I)AII: COIll eptuton rce The 1 prem. I' edging boe puck dation alrnber ue.:e misenee.' T. be or We titter, Tlna i.. D. :JO , . from B.C.. Y.e.tlleasstl peke Ca e •Tml eeroill:ou tut ay. 1 the phrase of the o'dc ohnso mull rear( Aid la thotractou VIE LIT in Exi i. strong!y A rociil , bro., ste E rLI establisi; Pram.* ar tin tr 'per R211T12, De tne'r, Aplia, 23, Out _ne ✓aw, Bs - 47, ▪ In 111111 Rtvl vu• ognithe. 14ked Ftreet).—l Marshal ing the c on tin 2 appropr, Marshal Earl Ma arranger place in and dale WU moe Marshal priate fo Cathedra for the C of an al that I nt the hone Wm.] Potion p~ncc in prisontn to seven At th Itoman upon a THE MEN r It nient In, ¶n ) into the Brighton and most terial servants devoted worked, opinion ( tending t disaster will he n ÜBBI Cl :014_1 1, 31( did gcs oo " 'Krim 0 2 be . F yn d no oiled•stri _yl.san t Patb VIE 711 E STI: S., : p If I a..tko on would ho th' bur., r. rru: hon. thlo Iwwrn nuo:ner as c.mined referred Gle.~ec, N. 8.-1 the Jess• one Want I" 1 • 3 b to :~ ~~ ~3 @_;-. h. t i At.' tAisbt4 H Ou?e J. R. tel &light all I.NrENTI 11111,1iNt N.B. It Crest Pal Some terms c Earl publishi