The Express. — London, England, 1848-11-06 00:00:00

lIIIMF' -- THE EXPRESS, MONDAY EVENING, NOVEMBER 6, 1848. Paodoo to the &warm. It appiered th at Ibis woo slt of wnor gad suppiament, sod iM dollarbiat M die bill had tekea limo to amotato that Me. 110 Mod= bawls; a prommt ropeoneatoivoon tibi shi kro fob Übe Ind i a; fa of remiss all t o, za ht Z es t tim dio dokodoot woo poo= d fica pettog damarfor to the WI TM ilmorror owe stowable lo overrated. three renChimmear adds atom ._ is PYIIII.—CMIODY Or INWITS.--It pair in remem lend that, st the led &Mg ef the cart Mein w~ - dos, Ittv. Alastriatlt. the aradesseher of the shirrs, Wind le eirmeast hr the' faareeseet• of the aldose dating her We, sad that, after taking time to marks terrace this was • reddest rumbles to enable the mart to Interim terker the elesemallerts of the ram, the Tier Chamois oldinstry ordseed dist • the „ meet eatretekker and mar Amer be idelleaded. sad thas, with of lir. Plaa, sad whheer yeeiradies, it was erthred that tbe infests 'Mali mates awed with the misty of MI 6. ran till firths, wites, aid der, with the rearm at Ille. ryes, amid without pedeMse to talps=ll‘lll by Idea antler the balms owes aelsw,ll* min iiirosilei Si stand our till November 3, Mr. Ppm smiserides. if he should rinds pemessios of the *dim, be Mae its rhesusmersromee mid acme sad to pemall with their duto dolt sad rester molar ail hews &ill at her reidesee. fir. Fos allerwarde nbtaised item Mr. Dam Aldred as wrier fee the 4= up of to him of the two male sha ,in res, sod bee don ge t: l th. The new VIM ala to he deafly of.l —Mr. Malias, for the paddies" edd the V hash ei”iated kis andertaidas to slow the shade's as eldt ** mother, and be sofa oesteadal diet me the tram had eat 1 income of 1007 • pet OM radar the will of her hand's lather and 401. of her emit thole was saikesat moperty to I juitity the interference of the east, of which tie Naiad of the . respondent costissed be draw the secruity ; sad that at all writs, the prided seed aet,at present, to be 11“ ally disperr or —Mr. Tyra agpseeed in perm, sad cos tended that the petitke meld - 111 be dirsimed with eats,' sod that, es to bh alleged acia.talMmest Ohl malertaking . be had weer bees saved with the Vim. Chancellor's enter, while that of lir. Beres Alden= was unconditional. 'the Ties Carrells' mid the protest applicatios wee not a s hauled spat a breach of the mdershisg, which had bees pins, sot was it founded apes Mr. lit asat Talkiard's alt. All that was before the court wee the whisk lid bees adjourned to Ale day. The as he pre etvty, which wee before the may d dirl isa tz i misladoL TM OM per minim referred as on the *llan of the eatendets of the will of Mr. yaa's War, seesedieg tow terms of that ilessmesc His Hamm malls sod to think kimeelf prevented by the law, re such erase, from inteekriag la Wear of the en further them he bad der. Indeed, as for as the mart had ready interhesi, It bad der as by esseent. His Honour regretted that sash was bib view of the law, became apes the merits.= to his *pries of them, he should have certainly Be wm, ketreetr, Masi to set apes what he otaddeesi to be tea star of the law, sad must ma illingly Main lb, prdtba. Ira without ems JACIWN P. Nolleta Walt/ RAILWAT COIIPAIIT.-- D•lloaltalt.—The defeadaate had advertised for redeye foe the works oa their line, aeseidlep to • specification primed by Sir John Rennie, thit o r g laser, reseeding to the shawl meats of the bill, the bed, Feb 5, 1846, mole i a tender according to the twos of the siverdestillar ' and had, ea Feb. 16, 1616, ~iced hem NE Saha Baste • letter Weenie, his that the is _had meeptel the tender, a sedileadea whisk was esalemid ersowesis by a rntentent mode as behalf of the dresdeate to the *fetid on his attending the board. The bill imam stated that the Wadi bed, he esesequence of the eseeptemee of hie teals, inwned hap Minim with the segekessese et the blear are; but that dr deimdmits had esker to empire the soared es mimed be.. The ha dregs& that the brad' sate had messy la their Mode f_ i irth ein e j p! purpose of paying the wpm= reined by the - sad weft cremes Oen* mow fir the The dumdum ermined he want of equity. _. _Hems sad Mr. J. H. Palmer, hi the deariner, mateared that the clear of the plaistiff (if say) wee a mew keel demand, whim It mold ore be made the sabaset of • oak he equity ; and that Meib of the defendants bring Mares wee amt. pleedel al j talkiest certainty to save the bill from a immemee, es it Gould not La fact be, being obviously a MINI surial steument, Windsor ea account of the term want 04 equity Ia the tercesseemen of the as. The ViesChaseellar, +Sheet shag es Mr. Russell sad Mr. diffard, who appeared lea the plaintiff, said that, in all pre- Warty, the priatif word make satrap of his suit, bat that the charge resperbsg_the defendants being trustees, wee just enough to save the bill frost the demurrer, which must 1 or. therefore, eemersii, bat whitest crier Hie Honour intimated that, as the Lad Chancellor bad determined to dt ia Lister's lea ea Maury, he should de the tame. Mews tleejloweether Wigwam. UOLLOWD V TSID.-0C•IL•II7SI 10 • FIRM DETER JIMMIED ST TRS Dahill or • P a. The question in this ems arse •ppeano ezeeptioas to the Mester's report in a wit for the admWatratbe of the estate of Mr. Thomas Teed, deceased. It appeared that is Jun*, 1839, the testator had guarenteed„ for the period of one you, to the beating firm of IL sue. Lsdbroks , ILingesote, and C..., London, the repayment of any bills they night honour to be drawn upon them by then custom, rs, Mews. Carruthess and Co., of Muammar, distillers, and say ether advances they might make for the same firm, from time to time, to an amount not exceeding B,OOW. In March, 1840, before the expiration of the guarantee, Mr. Felix Calvert Wheelie, of the banking firm, died, at which time • sum of 1261. was due to Carruthers and Co. apse the balance of their &count with the bank ; but, on the other heed, the bank were under mesptances to the amount of 1,9731. open bills drawn upon them by the Mean. Car ruthers, and payable bit re the expiration of the guarantee. Upon the death of Mr. Ladbroke, the bwinoss of the firm wee continued by the throe surviving parties, without any &haleness in its style, and the dealiags of the bank with Mean. Carruthers were continued is the same manner as previously. In the coons of then esbeequent dealings awns were paid into the beak by the Messrs. Carruthers, and payments were made on their behalf try the bothers. Bills, also draws by the Manchester firm, were accepted by the beak, of which some would be come den before the expiration of the year covered by tit. parsatm, and others attar that eveaL The firm of Carru thers and Co. having bream bankrupt, the banking Arm took in • claim before the Muter fur the b.lancet of their ac count, both is respect of payment made by them for Carnahan and Co. before the expirati-n of the year meationed in the guarantee, and In respect of enceptaame given by them during the same period, and paid afterwards at maturity. The questions were—first, whether the guarantee was determined by the deeth of ens of the me:abets of the firm towboat it was gam, or whether it motinned after that event ; secondly, whether same paid by the bank attar the expiration of the guarantee upon the bilk which had been accepted by them before that event were advances covered by the guarantee ; and thirdly (supposiag the gametes to have been deter mimed by the death of Mr. Felix Ladbroke), whether the balsam then dos tether baak was to be considered as charged by the appropriatios of payments subsequently he Coauthors. The toaster had re. ported the u ses goe to have been determined by the death of Mr. Felix Ledbeoke, sad that it exceeded to acceptances rade before that event. but not to those made after. —llie Honour was of enemies that the gnarantee did not extend to dealings with the serviviag partners after the death of Mr. Lsdbeuks, end that the amount of liability was to be determined at the period of mob death, but reserved his judgment open the question of appropriation of wymeot. LOAD'S e. CIARILS.—Paaut. ON THE MARITAL Ilewar.—The bill prayed a trenater to the plaintiff of a sum of 26W. Meek standing in the eases of the father and bro thee of his thawed wife.—The BolicitorHeaeral, for the plaintiff, stated that the food in gaieties bad bees purchased with the lad 's .mosey, only Ave days betere her with the plaintiff, that, es this was done without knowledgeof the plaintiff, the transaction wee a fraud his medal right.—Mr. Mains, for the eldeM ebtY of the marriege, reed • passage from the stream of the hostas, by which a with didanatisa at treat In haw of the lady for her life, with remander to her dadres, way set up ; and untended that the asedement was valid, having been made for • meritorious Oise awl without undue cancealment from the plaintiff. Itrummina. musever, from the evidence, that some time after the mar silage, which was solwaniseu in 1827, the husband bad be come aware of the existence of the fund ? and had actraissend in the receipt of the dividends by hie cafe, till her death is 1844. Nee had he in any way challenged the transaction ill the bill wee filed in 1847. Whstever, therefore, toted have been the nature of the transaction in its Weep ti a, it 'mild not be disputed by the plaintiff after so Wag ea quisseesee.—Mr. Wood and Mr. Hallett, who sppeared forth' trashes, had not been heard at the Thiel t t the court.—Mr. Boyers appeared for the younger children of the soulfsgs. COURT 01? QURRNII BRNCIL-13/nUaDAY. stings la Seam Blau. v. Chascis.—Mamie litausasca.—This was aa seism to recover a sea of mossy issued on the ship Susan, oa • time polity, from 25th Sept., 1843, for twelve swaths, and was tried at the last sittings at Ouddhall, when • verdict was Sued for the plaiatiff oa myna issues. with 256 f. Ils. deleaffoll , and for tie &haunt oa its sewed Mmes.—Mr. Shoe now moved for • soul eto 'how cause why the stridd set be at libette to enter judgment; as to the NMI here, nos Astute vetedicto, or fur a new trial. It appeared that at the time the policy was effected Om mewl was employed r • trader iu the Indian ear, sad early is September, 1843, eke left Me diae pie a voyage to the Mauritius, with • cargo of inercluadise and a great number of coolies. She met with very bad weather, and, having sustained some d image, the made the port of Triacomaise, but the officers of health, finding that • arises ow beard Ind the sash foe, missed to snow her to eater the batboy. The captain then determined m Mars to Madras, kis vessel being unfit to proceed on her voyage. He soseediegly did so, arriviag at that pert on the 25th September, and, having wishipped his merchandise and landed the milks, he proceeded towards Corioga, 100 mike meth of Madras, with the intention of genie; his vessel repaired ; bat agaia she eseountered • gale, and was drives, greatly shattered, into Mseulipatam, when she was marveled and rademned, upon which the owners claimed as be a total loin. The learnt d irritant said that the plea found maim* the plaintif on the mooed ban arieted that, at the eimmesemsast of the risk, sad at the making of the intonate, as aka on the 25. h September, 1843, the used was sot seaworthy. He, however, contended, and it was a wades whisk had never been decided, that ia • ti...-ratei awe was so implied warranty of seaworthi ness t-end that therefor* the plaintiff was entitled to have the mediae estseed for him ea the second issue. The lensed ormasei tanker cestuded that the millet eras against else madame, beams& es the pay had found that the mewl was Wswevesrlby sibs the chit esmaasuced, but that Gould sot Is SO 1110008 also bad potters's! the voyage to Idaaalluatass. eist Wiebtsme sad De should have beta as much mod! eon sweat bad bees tho other way, bet he could wit sty It as @Owl the evidease.—Rele erased on the dot OM sigy. Tin Quest ow as Paces:arms or mu Dozy or Ilaansworc IP. BARIUM) 0140404.—L004..-144. Saw Sr aMe te show ease wlky the jrAnsorst Is r id eessesollsa ilmeid est be essedelo be eel Ise Asor estesed Owls, mod loserike the llullissososeel Mr mart. It appeared Ise le admit seeSsiosi mesas saw, to all of whisk its d... bat plieded tot sal she jade seat of the 0 00 / 4 40 seek am( wee dot be its kapelmeimed eta emsethe is the %Mei pubes. Deals bobs mehressatly vim es to wisher theNdipteet led ben sow* sauced, it woe imam* 4414 the ears et the ems had olstakee the meatemse, weepeeleg the whole meta et hopriemesteat to be Os =oaths Stoma of mix stestis on es& of the stem scoas—Lerd Domes Take • nib. BAIL COURT—fithruntry. Mrs r itema—fielbee Mr. More Pattema. Tin Quays v. run JUSTICES or Commit'. —Pbon REMOVAL ACM REVILOSPICTIVI.—Mr. M. ankh moved toe a role nisi to quash two orders mad* by the Julien of the tsar of Owners% which had been beoght up by Cr isto this tenth It appeared that the two orders in orrice wen fa the removal of a pauper, and allowirt the =le et welt removal. TM grounds of objection to the were twofold • Filet, that under the Poor Removal Act, which was peter last swim, it was provided that no pauper should be rinsond from any place wherein be had bean located five pan. If the provisions of that act were retnepeative as well r prospective, these orders were clearly bed, imams& as the pauper had tabled for fin Tan is the plate from which he was ordered to I. removed. The snood objection was that the order, were informal epee the fro of them, because they merely rated that they were made by the jostler of Caswell thread of by " the nacres acting in and for the runty of Cornwall.' It had bra decided that me an error rendered the orders inveld. Kr. Justice Pressen, in pastime the rule, Owned that the seen led determined that the Poor Removal Act had a roe =re as well in prospective effect. firth then 111 i at - Nisi Pens and tried the adjourned i.e 01 Mickley v. Winter," wh ' eb was an action for Meer demean, the plaintiff allegieg that the defendant had stepped his right of way by erectinr a buildino in the metre of a arm, wherein the plaintiff held certain re mises whir the drisdast had Tossed to him.—The jary bend a midis. fee the plainuff—damages, ROL COURT OF COMMON PLRAB.-BATORDIT. efufap hi Osseo. WILSON, POILIC Orman or The LITIKrOOL BANNING CO , It. Tall BT. Juan's SQVITAILI LOAN ROCIRTY. —4IIIITICII Or • WRIT OW 81111110111 UPON • RROINTRIRD CORPANT.—Mr. Warren applied, on behalf of plaintiff, for leave of the court to enter an appearance fur the defendant in the above action. It appeared the defendant, the lkoitalgo Loan Society at Liverpool, having recently be come bankrupt, owing 5001. to the plaintiff, for which the writ of samesons in this action was Wad. a difficulty area with respect to the proper service of the writ. The Equitable Loan Rieiety was • amtiletely registered creasy under the 7 it 8 Vic, o. 110, and therefore, under the 25. h section, was made a corporation ; but, to the great public theonvereseet, no provision was to be found in all that statute as to the ser vice upon musk meniatioa et writs or notices. In the present case the secretary hod left theneminewbere the bessinaske way we.; aid in nen endeavouring to serve him—tor It ws.M err be boil gone abroad—service of the writ was and. INNS Mr. Molloy, and several of the directors whose risen wen/ In the return required to be registered by the MOM el Mena; and in that return Mr Molloy described himself es geasinat of the directors. Now, the Uniformity Nooss Ask c 13, provided, as to writs, in the am of a esegierniso, that samM open the mayor, or "other head cam," should be millleirtt. The learned counsel contended that retina was ',pliable hen; but inasmuch at some hesitation was felt ea weir*/ that senior upon Mr. Molloy was servise meet the " head " of the society, a wren wary stylobate", en opponents ender the statute could be entered in resent mane at the Mater's office, the peesent application bad basses masonry. H. cited " Welton et. The Daimon /ahem Company" (4 Dow. and L., 558), when a similar application had been entertained by the Conga of Inebequer.—The court granted a rale nisi to be served o Molloy sad all the other director,. DCNCAII W. TOPFAM.—CONGTRUCTION or CONTRACT.— Ia this use which was tried before Mr. Jerre Croswell last York raises, the declaration in substance alleged that plaintiff sold to defenthnt five:tons of limed cake, at tea guineas per ton, to be delivered within a r. atonable time, which, though ready to deliver, defendant would not accept. The pleas wen: first, non assumpeit ; second, a denial that plaintiff was ready and willing to deliver. It appeared that on the 19th of Fe r ry in this year, the plaintiff, • linseed cake dealer at Hall. 'revived • letter from the defendant, who is • farmer at Coaingsby, la Lincolnshire, ordering the linseed cake, but stating that "it rust be sent immediately." The plaintiff rested a letter in return accepting th e offer, hut which reply, if in troth road, never reached the defendant. A delay of a few days occurred in sending the linseed by water to Cooingsby, and, in consequence, when it did arrive, on the 16th of Much, the defendant refused to accept it. There was contradictory evidence as to the cause of the delay, which was occasioned, as explained by the plantar. witnever, from not being able to find a boat going from Hull toCeningsby sooner. At the trial it was objected for the defendant that there was no acceptance by the plain tiff uf the defendant's offer to purchase in the terms in which it was made. The learned judge directed the giving a contract to deliver immediately was • contract to deliver in • reasonable time—as soon r prisetitahle ; end. secondly, that :plaintiff's letter accepting the roe having been posted, the contract was not the Ms complete, though the letter was lost at the post-tffice.—Thejury fooled fur the plaintiff.—Mr. Martin, Q.C., now roved for a new trial on the ground of misdirection, and also of • verdict against "virus. The court granted • rule nisi fur misdirec tion upon both points of the summing up, in case, as to the second, Dunlop e. Higgins," (12, Jurist), in the House of Lords, did not show, upon being looked into, that the ruling was correct; es to the second branch of the rule, whether the verdict was against evidence, the court would consult the learned judge who presided. COURT OP BECHEQUER.—SATURDAY. It., Puns, at Wasitisstar.—Bedors Yr. Baron Platt sad • can 'Lissa e. Agozza..—Tauerass.—The plaintiff in this ease, Mr. Julian Flier. a German, lately earrying on bust nem se • tailor in Prith-wrest, Soho ' sought to recover damages from Mr. Samuel Angell, llse defendant, on account of having broken into and entered the premises in question, and having kept the plaintiff from the of the same.—Prom the statement of Mr. Crowrenttrt whom was Mr. Miller) it appeared that the plaiouff for some time occupied a portion of the premises, No. 66, Frith street, then held by a Mr. Elsay under lease from the de fendant (Mr. Angell), who acted as agent on the In 1846, and in consequence of an agreeineat boturena Pt = sad the plaintiff, and, on the rename emddion of lb, ismer, Mr. Angell agreed to let the bean to die gidadif uses 81 years at a rent of 4501. promising Wm a brae, dm ploMdlf to embeadto sem maimeary repair,. The plaintiff entered ea pommies, and eserated repairs to the extent of shwa 1001. In Deeemlor there was a dangerous inking of the walls of a ponies of the house. in conaquestes of which the ledgen all left. The plaintiff also removed his family and furniture, leaving the fixtures, sad hie son r take charge of the premises ; but during the abeam of Oho latter, on the evening of Sunday, the 12th al Dammber, the 'nausea were entered and taken poesessioa of by the de fendant, and they were subsequently let to eimMber tenant. The plaintiff now eon& to recover for the ism and he bad sustained. A lad named William flan. the tiff's son, proved that he was left la posowdea of the pre mises. On the 12th of December ha twat to dies at his father's in Arlington-street, and warned to Frith-stnet about 8 o'clock in the swains. He telsd to spa the front door, which he hat slat to me ble de parture, but was unable to do so, and It osamod to be fastened in the inside. He went back to bie father's, but returned on the following day, and bang helped down the area, entered by the kitchen window, : when he found that the spring which held beck the lock ha d has cut. Besides the fixtures there was a quantity of ail wok tobacco jars, flower pots, old iron, and other articles, In Me houee.—Mr. Acres, an artists' colourman, havingso . ved the original agreement for 21 years' lease, es promi sed the de. fendant to the plaintiff, lir. B. Lewis. the plain • atteo. nay, stated that, in en action brought in the County Comet of Middlesex, by the defendant spinet the present plaintiff, for 171. 10s. of rent due on the premises in que.tlon, the de fendant (Mr. Angell), who was *weaned by anemia, stated that he had taken palmation of the house. Several witnenies were criminal as to the repairs made by the plain tiff, which they estimated at about 1601.—Mr. Martin, with wboia was Mr. Prentice, characterised this as an attorney's action, and said be would show that the house having been abandoned by the plaintiff, and the street dam left open, it bad been secured for the sake of safety, and although six months had been afforded the plaintiff, it was not until the premises had been let to another tenant list any proceedings woes: adopted by him.—The learned Baran having to go to chambers, the further hearing of the am was adjourned till Monday Olday). Es SiIARROD T. Tilt LONDON MID NORTH WISTRIN RAILWAY CoMPARY. CoMPRNBATION 105 KILLING SUEZP.—Youm or Acrtox.—Mr. Godson, 41.0., moved for • rule calling on the plaintiffs to show came way the verdict in this case should not be set aside and a meanie entered. It was an action in implies brenskt against the defendants to recover compensation foe the low of sheep, which strayed on the defendants' line of railway in consequent* of defects in the fences, and were killed by the train while proceeding at the ordinary rate.' At the trial before Mr. Baron Rolfe, daring the lam arias at Stafford, it appeared the train was driven as usual by the caveats of the defendants and under their general orders. It was contended that the form of action was inisc. , neeived. nod that it should have been " nos" instead of " trespass." The learned Baron was, however, of an oppoeite opi nion, lag reserved leave to move. A verdict having for the plaintiff far IW., counsel submitted L isia lealpese vim not under the circumstances the proper foss dative. The owner of a carriage, for instance, could get be held relmnsible in trespass for the act of his servant Wilde, an isiury upon a third party, except the master was posamally present, or bad given such express orders as Ir.d to the commission of the mischief by the servants. If the man expressly ordevd his servant to do the act, " trooper" would be the proper farm of action ; but if the servant did it of his own accord, or when alone driving the carriage, then " ease" was the proper form of action. Nothing out of the anal course had bola done by the defendants ' servants in this case. It did not appear they had been guilty of segbgesee eranyanagfal estaleae expressly by the dereadanS' cedars. The teen was preeestiag at the ordain late, sad the sheep having bosses the bee at the time wen sounds* Wad. The ornate of the eimpany were sa ng _within the seeps ef their mien, sad it was, thinks', submatted net "ease" wee the gaper tam to try whether the Madsen wore liable to the arms of the she It wee teener negated tad the ampeey as a sonorities weld net, inner the eirametansee, be seed in trespass — The Geed granted a rule to show sun; 11r. Baron Paths observing that dee gaieties would be whether the death of the sheep us the aeoeseary emeasesse of the orders of the company. Buena .. Bancs.—Post.to Immoralists is Lta sort-smear.—Mr. K. Chambers, Q.C., mooed nor a rule ogling cos the Waif to show ewe why the verdict whin pored for him, fee 401. daniagen amid act be met aside mad a new trial had rpm tee ceof misdirection. The reties (which was Vied the Lord Chia Berea) wee brought to n ava damage. for as alleged injury to the plaintiff's aver dean interest in Limon street, eau.ed by die aeronaut es sense% of the parseind authorities a et Maryinste, who had employed bin to make certain impeutments in that kegler. It appeared at .h. trial that the houses there had genera before then extending to the footpath. In the came of time the " gardens" beterse so neeleeted and dirty that it was thought proper to improve and nem. rt them to some other nee than bed very generally bees, of late, made of them, namely, the exposure of " wens" fur sole by the inhabitants. A broker named Wood oecu p'ed the plaintiff's bow, and sad the saran in from of it for the exhibition of his goods for sale. That privilege wee pet an end to by the defendant ening as already stated.—For the defendant It we nbmitted that the alterations stae by him greatly enhanced the value of the home, and that as the eabibition of we of any kind foe sale la the eau maces opposite them had been explicitly prohibited by a local *et of p ghat, int, the plaintiff bad no right to complain of the pr• v onion of such a system. The misdireetion compLis d n was that the keened Chief Ba roe toll the jury the defunda t could not " improve " the plaintiff's property in the way stated without paying for it; and with respect to the provisions of the local as referred to, it was clear the plantar' tenant Warred no penalty fur ex posing his wares before hie iv use except after a nun no tice served epees him to discontinue it.—A ran nisi wee COURT OF BANKRUPTCY.—Satronnay. soiree ftr. Comedwireer Otoftern. Furore.—The certificate of W. Hanmed, seed-auger, Us/grid/v, was opposed on bona of the assignees, on the mead that the bankrupt had misconducted himself u trader by obtaining goods ma credit from four different parties shortly before his bankruptcy, and when he woo is a state of insolvency, hal th. n handing over thus goods to his father sad brother, both of whom wen bankrupts. It that in the emcee of two years be had lost 6,0001., tinr6l profits amounted only to 2,3001.—Hie Honour said if this woe not a nee of fraud be did not know what was. With bankruptcy staring him in the face he had obtained goods on credit, sad had then bonded them over to other parties. This was an extremely bad coos, and the certificate must be suspended for two p. an. By a late get of parliament the commissioner bad power to grant protection after a bank rupt whose militate bad been suspended had Buffered an imprisonment of two years, cr such Ism period as he might think sufficient. In this ease he should not consider the bankrupt had undergone a sufficient imprisonment till he bad been in custody six months ; and he should only grant his protection after each a period of Imprisonment Daracriva Boogs.—Mr. Newman, builder, Isla of Wight, applied for his eertificate. It appeared that he had kept neither cash-book nor creditors' lecrer, although hay. ins large business trametione. The commissioner adjourned the econsideration of the ems for three months, granting pro tection in the meantime, and observing that there was no trace of bawl is the ease. LONDON SESSIONS.--Sernanse. DERBY BWEY.ro. WILLIS, ATPILLANT, SIR PIITIR LAURI{ AND ALDER MAN Witoon, Rearumniers.—This ewe, which excited a great deal of Interest, was an appeal made from the decision of Sir P. Lewis and AldermanliVilson, who sonvieted Mr. Willie, the proprietor of the King's Head public-how, in Newerate-street, for that he, being duly licensed under the 9th of George IV., did, on the 224 day of Mar, knowingly and unlawfully, and against the tem of the said license, and mistiest the force, form, and effect of the act of Parliament, sweet certain gaming in his house, and suffer s tn b p s a Main game or lottery, called a Derby sweep, to be played and drawn as by lot. By the direction of the magistrates who convicted the app• llant, the city solicitor conducted the rem/dings for the respondents. At the commencement of the bueinese the Recorder eat alone for some time, both par ties having consented to abide by his decision ; subsequently Alderman W. Hunter entered the court. Mr. Ryland, for the respondents, said the license had been granted to the appellant under certain condition, one of which was that he should not allow any unlawful games, or any gambling whatsoever in tie house. The question is one of considerable imp , rtance to the publiesn. but in his opinion of much more importance to the public in general, inas much as it was calculated to affect the morals of the commis pity to a most misbievous extent if the decisions of the ma gistrates were declared null and void. His lordship (the Recorder) would not forget that at the last Central Criminal Court sessions a young person wee convicted of felony who afterwards acknowledged that he had been led to commit the offence in consequence of the temptation which three sweeps held out of realising a large amount of money. The practice of permitting sweeps had also the effect of iaducir g persons to frequent public-houses, so that the immoral ten , dent of the unlawful game was unquestionable, and it was the duty of the magistracy to crush it altogether, by inflict. ing such penalties in all rem as would far exceed the amount of pecuniary recompense derivable from the infringement of the obligation expressed in the licenses, and if it was nem way by refusing to license in any future ease of the violation of the law. It could not, he thought, be denied that the Derby sweep was a lottery. Mr. Chaim, for the appellant, raid it was not his inten tion to make my objection calculated to prevent a speedy decision on the question, which was, as had been observed, a very imperteat am. His client bad no idea of requiring proof of my of the Isets of the cam. He admitted them all; sad he satiates& that the Derby sweep held at his house was a lottery. The great point was, whether the sweep wee held In MAMA of the license. Mr. 11)1and referred to the schedule of the act 9 Oeo. IV., c. 61, which set forth the terms of the license under which the appellant kept his house. He considered the case of the Art-Union in point. There was a lottery which had about It none of the mischiefs with which sweeps abounded. On the contrary, it was maculated to promote intellectual attain ments, and Improve the Mete of society. The violation of the law, however, waa held to be of so much eassequam that an immediate stop was put to that kellens Many, and it became necessary to pass ea set of Indemnity for the protection of those who Illeenselously subjected themselves to penalties by the eat of the law. Mr. Ryland then referred to 10 & 11 of Will . 111., cep 17, which related "to mischievous mad unlawful games celled lotteries." and also to the pre. Nimble of 42 Geo. 111., cep. 119, which also related to certain mishievous genie' sad lotteries, end likewise to 6& 7 Will. IV., which rOerred to the illegality of lotteries, and Min and chances, or shares therein. Ile could not tor a eent me how there could be any doubt at all about the stalky of the eciavietlon, and he expressed a most confident "Clilthat it would ne sanctioned try the bench. lia scamp—Tbe question is, whether the Derby sweep was a Lottory, mad a gaming wit h in the meaning of the words messed h the license ? Mr. Byloml said that was the question. He did not see bow the Nem mad have been more essentially violated than had been geared in the case of the appellant. The Ossdeney of lime etesepstakes in • moral and a pecuniary r e V ar t i view was meat pernicious. It encouraged • moat 'skit of gambling, end was calculated to ilead to in most eases, mad to ruin in many ; but the publican was NM le be mid, net wily by obtaining a considerable per ountosa set of tiso sum subscribed, but by an increase of trade be nomatbs mimitous temptation. Hr. Lonnie psamdd le argue upon the same side. He oontendod that the OW of " Allport e Nutt," decided in 180, Won Lord owe Jostles Tindal, was exactly in point, the only &lames Wag that the present case was much stronger. at MOM be given to the words of general pro hibition rantrind be the 10th end 11th Will. 111., cap. 17, which efoileiL that " several ill-disposed persons for divers yeasslies= bad set up many mischievous and unlawful lotteries, Lad had thereby moat tin =end fraudulently got to themselves great sums of okay boa the children end servants of several gentle. leaders, and merchants, and front other unwary per sem ft the utter ruin and impoverishment of many (*Mies_ , MO the reproach of tt • English laws and governeteet, by abet Of several patents or grants, under the great seal of Essised, for the said lotteries, or some of them, which gad grants or patents were against the common seed, trade, wet. fare, and peace of his Majesty's kingdom, and kr remedy thereof it is enacted, adjudged, and decimal that err such lotteries are common and public Mmes. is& that ell grants, patinae, and licenses for such!oniseies, Or Mr Mbar lotteries, are void and against law." The weds W quoted were decisive of the illegality of the Derby which was, to all intents and purposes, • lottery, and not for a moment be sanctioned alter the deckers moos dm case to which he bad reftrred. Amongst the pablans who were obedient to the laws the feeling was very eking aphid then sweeps. The Recorder—lt appears that the only thing certain In the Derby sweeps is that each perven meet pay ss, Mr. Laurie—There were more than 1,800 blanks out of the 2,000 tidies , . In feet there was not one argument of law or morality that did not completely discountenence the prattles which the decision of the magistrates had condemned, and to the affirmation of which by the bench he looked with perfect sofidenee. Mr. Clarkson, for the appellant, argued that his client had not committed any offence spinet the terms of his license, the gaming referred to in that instrument not having any reference to Derby sweeps, which, however unlawful they might be moldered by some to be, were not comprehended in the matters which the licensed victualler had in his license ' pledged himself to repudiate. He considered that • Derby sweep was illegal within the meaning of the acts against lotteries or little-goes, but he could not see that the cosme tics in the present case was sustainable, as it did Oct at all rto him that a racing sweep came within the terms of : Luse. The Recorder considered that the conviction was not liable to the objection which Mr. Clarkson had made to it. Ile did sot see how the arguments of the wsugal6r the reependimas mold be evaded in deciding yes seek • sam.—Xs. Clarkson wished that the Rew,d,r wild sive the ago palace an opportunity of applyin lisillell6ll6lllo ha • MOD of sods peat importance. Ow Wise idgbast authori ties in Westminster-hall had gime it so his opinion that the ease did not roam within the wanalsg of the words of the aeL—The Bosorder said he woe daises to strobe sp- pollanithe opportunity, bat unlartussiely he could not do so wittiest nuashing the omitting—a die, which be oould not eossaioadoesty 80. Mr. Clarkson dm sok as sotion to the form of the cony tics, but it was me esseide tenabiel. —The Reeerder then alarmed the ornitabut said that the &slim would not at all sae the as Os Ids Baum His lordship isseshbeell that Wald lind anted fairly is appealing in a setter of se nevi inpertanse to venous is his trade. It would, bevrever, be for Upeheed victuallers to have any owe letberles si d n i. ga u d in their houses, as the annistrates vivid nsisetiesobly step tits limas of say viefansr of this Clarkson In lensed the court that his dint had dilsisdned, whatever should be tk• noun of this appall, smote have anything of the bind in his bass.—The penalty of lit wan *ea paid, sad headed oR r to the poor-bez. POMCE.—BATeIItDAY. WORSHIP-STREET. —ALLZOID BOBBINS' IN • Boauning Hoven —Maria Carlotta Alva Cabral, who was stated to be a baroness, and Maria Roos, her servant, were re -examined, charged with stealing various articles belonging to Mn. s Esther Menem—The magistrate asked if it was known that the elder prisoner was a baroness ?—lie was assured that such was the fact; bat that she had married a second husband, who was a private gentleaten.—Sergeant Brennan said that no Moe had yet been discovered of the gold watch and chain which had been taken, and he re gained further limo for inquiry.—Mr. Arnold ordered the pelsemem le be again remanded; and, in answer to an appli enaless mid they must remain in confinement unless they will &hi hail, two mantles in 761. each or one for 1501. for the efrifirr=t_said sureties to the amount of 1001. for the The Portuguese 'did had in the first = biome seeposeible for them, ot now attend, ma et the close of the court they had not been bailed. MARLBOROUGH-STREET.—Ronanity tN Kintstoo- TOMO•nDINII.—J. Harris war charged with a robbery, at• tended with violence, on Miss C. Himont, of Gloucester ter ✓see, Keasington.—Miss Bisestt stated that on Friday alter nom she was walking alone in Kensingtou-gardens, and as passing one of the alcoves her attention was attra cted to a woman who appeared to be dogging her steps. Not liking the eppeanum of the woman she increased her speed, with the intention of inking temporary protection in one of the keeper's lodges. She had nos proceeded further than the Mount Alcove, when a man rushed sot upon her, and, with out saying a word, felled her to the ground by a blow with his fist between her two shoulders. The robber then seized her reticule, and tried to force it from her. Hanel; a large sum of money in her reticule, she struggled with the prisoner, and for some time prevented him from accomplishing his object. She screamed loudly for eminence, in the hope of 'newels' the attention of the park keepers, still retaining hold of her reticule. The strings or the reticule at rest gave way, and the man ran off with it, dropping a cheque for 101. in his harry to escape. The reticule contained a cheque for 601., end a small sum in silver. As soon u she recovered, she made the best of bee way to the keeper's lodge, and gave an account of the robbery, and also a description of the prisoner. Witness afterwards went to the bankers', Messrs. Herrin and Co., and stopped the cheque. The prisoner at the bar was the man wbo knocked her down and who robbed her of her reticule.- Moses Benjamin, shopman to Mr. Myers, clothier, Marylebone-lane, said on Friday afternoon, about six o'clock, the prisoner came into the shop and said he wanted a suit of clothes about the value of 61. The prisoner fixed upon a suit of clothes, in payment of which he offered a cheque for 601. on Messrs. Herrin and Co. Witness 'eked him ' when begot the cheque from and the prisoner replied he had just recrind it from his old mistress in payment of his wages. Witness took the cheque to Mr. Ids ere, who directed him to detain the prisoner until he had been to the osoker'a to ascertain if it was genuine. Witness did as he was di rected, and in a short time Mr. Myers came beck with a police constable, who took the prisoner into custody.—Po licr•constable Hadley took the prisoner into custody. On searching him a hall-mown was fou dl in his possession and also a glove. The park.keeper found the fellow-glove near where the struggle had taken place.—Mim Bisset' identified both gloves.—Policesvrgesat Wheeler proved that the pri p ee r bad been to the police fore*, and had been discherged for misconduct. He had also been discharge I from the guards at a former period for misconduct —The prisoner was committed for trial. A FRIANDLY Tuck or.—S. Grout, in the employ of Bent:suet St. Martin's lane, was chanted with having com mitted the following robbery. Mr. John Vincent said fur this week past he had been staying at Mr. Cause's house. On Thursday night he retired to bed, having previously de posited his mouse's, containing his purse and several sove reigns, beneath his pillow. About one o'clock he was around from sleep by feeling some one fumbling about his pillow. He called out, " Who's there, and what an you about ?" On looking round he saw the prisoner, who said, " It's all right, it's only me. I'm giving you a friendly tuck up." Witness thinking this was correct went to sleep again. On the following day, having occasion for some gold, he opened him purse, and Immediately discovered than two sovereigns had boos abstracted. Ile suspected the prisoner, and in formed Mr. Cauut of the robbery. In defence the prisoner said the sovereigns he found on the floor, and a nog and brooch, which were also found in his pommies), he picked up la the kitchen. He was committed. BINEVOLINCI.—RowIead dimes, Esq., of Broom-hell, Carnarvoashire, gave 61. to the poor box. LAMBETH. —Cu AUOII OF ENBEZZLININT AND AARON. —S. S. Jlecklambierya was re•examined on a charge of arson and embezzlement It will be recollected that the prisoner had been charged with embezzling sums of money to the amount of about 1001., and that he was suspected of having set fire to the house of his late employe,' for the purpose of destroying certain books.—Mr. W. H. }lemming stated that previous to the fire, and the destruction of some of his books and accounts, he had made Wrens from them of the sums of money round entered in the ledger, and not in the cask or day books, and they formed a long Ist. From thee list he made a second, much shorter, end the latter he had put into the hands of the prisoner, and called on him to explain the matter. The prisoner admitted that there was a mistake somewhere, and it was arranged that the accounts should be gone into on the following day, in his presence, but on that night the premises were destroyed by fire, end 'leveret of the amounts, sad the account boska wholly and partially de. stroyed.—At the conclusion of Mr. Flemming's evidence Mr. Norton remarked that it was nemegry that further rime should be given to investigate the accounts, and remanded the prisoner to a future day.—Tbe charge of arson is for the present abiridoned.—He war admitted to bail in the tame amount as before. THAMES.—EXUATen.—In the report of the proceedings at the Themes pukes court, on Monday lan, it was erro neously stated that G. Edwards, who was charged, in con junction with Davie sod Hawkins, with being at Stepney Church on the previous day for a felonious purpose, was committed for three iseedie. This was not the fact : Ed , wards was discharged. EXCILtNOII9 4144th Now.D. - - awsw.. Lomas:. Spa Oasts r 43 1 -'1 2 2.- 43 1421 44 35 3 De. Newham 611 o 671 6 N. 37 35 11 el 36 66 63 . 46 96 46 pr. 4 Do. • a - Landon 32 " clays, SS 423 ; 90 1457 1 . 15 33. Belem 6,1840 773 Mousy. Naples Recta.. „ NEWT Do. . 11613 77. „ I Roma Loan .. I 64E .. Do. 3 „ 1 Treasury Boa& • „ Do. 24 ..• • . ' Bonk Shares. ... 14 . 30 " A 111.1111,114 Nov. 3.— Th e 80111141. — Th ere war unusual activity in inland funds ti day. Belgian also kepi up their prior. Blemish ellauw. Portugal:as very firm. Rue:dm mvintained the improved .tandard which they had attained yonerday. Meglam improved. No. thing sortleular to report. from Muth America. An. Debt Ts tonrol- Han pa Dent., 441 45; Ditto, Three per Cents., 524 53; Ditto. low pa Coat., 649 ; Amon. Bynd. Threesuld a Half per Cents., WI 694. —Exchange on London. 11.07 ; Ditto , two months, 11.90. Bambunr. 34.63; Ditto, two mouths, 34.76. Paris, 64.87: Ditto, two months. h;• 12 . Discount, S pa sent. liatwns, Nov. I.—Loan. 1840, 781; Ditto, 1842. 74' Ditto, 19 45 . 7r.1: Ditto, 1844. 73E ; Ditto. 1636. 66 ; Lew of the City. 1613, 761: of Belgium. 62_1. Mehra.. on Londps. 11.117(._ Net. I—kathange 1.4430 4 . 36.40. SICILY.—REDUCTION OF CUSTOMS DUTIES.—The Sicilian parliament has decreed the following changes in the customs tariff The following import duties are re duced: On foreign paper, from 6 ducats per canter° to 1 ducat ; upon glass, from 14 ducats to 4 ducats ; on coal, from 2 ducats per cwt. to 50 gr. On the introduction of horses, previously forbidden, 9 ducats per head ; and on the intro duction of beeves, 2 ducats per head. The duty en navi gation, for every vessel laden with coal, is reduced from 40 gr. per toe to 10 gr. The exportation of every sort of grain grown in Sicily is Inn of duty. The import duty on the same ic reduced as follows :.--One-sixth from the 23rd of Aug. last, one-sixth on the let of Jan., 1849, and to on till the suppre.eion of the duty altogether in Jan., 1853. The exportation of maize, po t atoes, and vegetables, such as hears, peas, lentils, and lupines, &c., is free. The import duty on the same will be suppressed by one to sixteen, as in the ease of graiu. RAILWAY NEWS. talk 00 .Iberilmi II It 1 : I 'Bi u rtefit ag a e esui I 47. pd. °Tot ilmr ' 10' D 0 du. In b. r. if 01. cl, 4 V.M , 11 10 , Birva.&os.Jo.eansl , dy.pd.or rt. a gra. 2) 12 2 ! 4 "2 2.22...r * ` i d a . " 7lk . IR . , MONEY MARKET. 6ATUND.IIe ETININO. The funds were all in decline to-day, without any specially . apparent cause, beyond the continued dis organisation in continental affairs, as evinced by the tenor of theaccounta published this morning. Consols le rT..Tie7Z - orisii. - ali -, V,r 4.3 opened and were done at 861 for the first money it . I ". i t h l',* 8 4 7 :: 11,32: transactions, but were gradually depressed by sale t4l Bughin d howas; .. 4 3d. operations, and heavy offers of sale banging over the I t D ° l "hrd'a", ... : - --- ills market, to 831 to 1, at which they left off fur money St y LP) Prettritied di 4 and time. It may be observed that money stock still g r' s _ p,t. f ii " l t t r,ll 3 l ISi commands a preference in prices in the market over 35 15 , 1 6 10 , 1, 2 a/ t. .. stock for ecoount, as indicated not only by the t 6; 0 5 :,,,,g, g 17 4 4.113 equality of the quotations, bat also by the fact that a 1r is g,..o-trittt rrr i i i fraction more is frequently paid for stock for imme- 14 D o Dowilemei; diets transfer. This difference in favour of money :i s 1 1,:- . 0 e-s 991 411 $ a stock, so opposed to the general theory and practical to Do no rs ; m experience as well, of stocx business , would seem g s be. i i ,,str,,, cm l l, ll . likely to operate to the disadvant a g e of the specula- la- g rlsa at RI . • ci l ia - 144 tors for the fall, in the long run , w hilst it lasts, as w 1i0.a....7 w .aa5s e 164 1444. serving to show that no very serious decline t D a 1: 0 . 5 .,,, or 6 ,1 31 :1 3d. in the funds need be apprehended, so long ss so do._ money stock continues scarce, or in demand, 1 9 9 ",,... 1 4 ,,... .::::• IV, and that the great body of the holders te- o Do. ow:L.- re zed. naciously cling to their securities, and cannot be in- lac . 1 ' 44 LI tP• duced to bring them to market. A scarcity of money t 0.....1 i. r., stock shortly be fore or on a settling day may, as it 2 1 Szatdr,. • I often has done, very materially change the face of an 1,„ 7 9 = -. • account, to the darner- of those who have sold on il i:e...44. . 4 speculation what they had not got to deliver. Much, 4 11 0 1 ) '' wAst -4,-,,,i , i however, must necessarily depend in the general . 1 ., ilk et Ivrea. es result on the course of political or other events, upon 2 t. r:,:2,..:- ... • n • the chances on which the speculator makes his calcu- 14 Do. 1 Ursa 4,1814 761. •.. • :.; lations and openib • eccordingly. Reduced Three- ea D e . e = es __ '' ' per-Cents. left oft 841 to 1. Three-and-a-Quarter per 1 . 1 . C o o:town* . IV Cents., 831 to 1. Exchequer Bills, 40s. to 435. prem. 13 Da N ew. a•- wi India Bonds, 385. to 40a. prem. Bank Stock, 189 "" N D e . Me - '"" m .r-- • • 1 4 JA De. to 192. ve D 0.4 Awes .. The foreign market was inactive, and price gene- le i tar 4 ri r i. w a ss euti ". rally not so well supported. Danish Botch were . • Isesgssost•i:sa sold as low as 62) say at the extraordinary decline ti, is . , ° 4li, s , itr; T of ri per cent , upon ihe selling price previously quoted. .„ 1:- . 14..arn Dutch Two.and-a-Halt per Cents. were lower, at Do. sorisrei7,l. Fi 451 to 1; the Fours, 691 to 1. Belgian Four-and-a- 1 D D:: Ne Ttli 1 1 14,111 Half per Cents., 69 to 71 ex-dividend. Russian, 98 / Pe. W. .Unhea 1 to 100. Spanish Fives, 11 to 4; the Threes, 231 'lt gel 8 0 0, 44 A to 4; Paddlers, 21 to 3. Portuguese, 231 to 44. fe um° ma iseetiore ~ i Mexican, 211 to Z. Brazilian 72 to 4. Chilian,B2 to :• 0 6 ; L "it.V..rie;r h .„. * : ili i 5. Perueian were quoted higher at 32 to 4, but 1 1, A t.,rLI A.. „t 4 T s T A L sold at 32. si, ars. fuessnrien. , _ The following calculations show the rate per cent. 1 4(7 . itne s t„ ~ .re per annum yielded by the various securities cited at 'e Ds Pis 7 f 4. 4. the average of the prices which ruled this day. Where t 'i ,u. d,, -.• 44 the asterisk (') is placed it is to be understood that 41 don " A " ot I " r r ee "." ' the rate of dividend is less the income tax. 1. 1 , • w 111 London& N.ll L T u. per Q a t_ Oloodolo, average prior. 65t yield pee 9061.0 9 101 3. dt.. . Aorta L * fleet per Cent. Reduced • Thrre.and.aglur stir per Cents. Bark Si (dividend 7 per tent.) - 1 4 1 1 „ i =ix; Bills (int. lid. per day) 42a. p. ~ 314 ze . 1 n ol a i n..M aII and 1 rebinds (dividend 6 I IN, '0 , ..r. 04 r per cent.) - Great Western e(div. 7 Id.) ......... . Leaden end tioath Western %dlr. 6id ) 40 4 , 7 10 0 Landon and Belighten 4(41v. 284 Id) 28 ~ 411 10 5 1 rasters Counties s(die 4 id.) Lee dom add North Whitens *(dir e 7ld ) 117 .. 5 19 7 e(die. I id.) Toth sad Nor d% Klllhad 6(div. 11 Id.) T o th, ewcadh, had Berwick Neiv 11 id.) In reference to the foregoing calculations, we are favoured with the following letter: Looks, Nov.ll, 11148.-eir,-You have doss such groat N• is SI 18d. I 1 Sip. 17 8 f Sid. P . M. 111 GO. Mild 1.4 in 18 12 310 C 11 Assi Is is ITN u. rajus,No..4. i liWay. ririe a& Of 541 tads ea Sara lora NY awe Millen Si mirmilles 1.6 -traanw; awl 74/ Nam Mlinow i.t.rdeasx rt ...... 3191 We have had a heavy share market, with prices generally quoted lower, as well as for busintas done. Lower rates submitted to. SHAMS LIST.-LOinDox, Novintsza 4. Nowa-Taw quoloAkals of Um la Boma ettarsotor.Jouoto actual traanaloao: tame* balm la Mike oallara' pool. PAIL RP &POPP •P. W.Psn. 401 '4l Da.. New DD.- SO 8 8 De. New. 401. . 11d. De. COM. 7 ma*. 14 124. 114a/As PM. Da Mar& 3O. 1 Do.N.Be. Prat 7 e 1 0aDep.590.4a alb Paw boa.,Fai.wat lam: rat Maach.,Bula,allaa r i ima., ski,. twin 40 * Do. Now £lO Pre 94 Do.M.Grese.gaot Sklaual nj. . 441 14 1 Do. Co Do. fai. wham_ 1 Do. Nam k DOM 1/0.C.8r1.&/99.1411 119 a De. etrietaGieger Atamaraal.ol. /TM.= N , • N.rth Do. 7 Kara. .e 4 7! Lie. 111 , 11 Do. 1211114.41P44.0 19 1,4 d do. Lasa De. De . de. Wixom I'. . A. CDoode• Unix% . Nara7 l. l l 1 NON* l .l=klrs reak" : APPS Wall.ll—. OaLlfortaa &Wel 22 1 Z0ad.41411..41 It 9 *Sawa 1 ,4 61. 4 Ilmeat 118i.dool 1 4 ) ' 1 i . 41 4d. WM 41 710 Do. Heim ...... Do. Oomoohy. 9 M. ki wi PAPA 11 3ri t i Doom 11 14 I: l ll=Niwa Do.* .. /4:1 lud De. do- No. 2 13 114 De. do-. lie. 312 14.. Do. 40. 44 11 84 40A Wake. . X 7 Yeekel.. I IVaierfiLe Limerick; Weer Ve11•4114 1 .0 , De. de. Do. I* Worm 16 144 B , sas.dtS. 11411 cl Vork. Neva. a Do .1161 Do.6oo.NeweiHo Do Di.NolYkiNo 114 Doo.YorlNweslho,,J4 17 D0...4414Put0rPv. , '9l 0 fortkNortltll4ltol : 146 Do.Prelareces 0 • D0.1...41 4 V .a14t.1 9G 31 roam! , tt.ILICIT2. A/194-/i4J4111 AMWAY). 6 WRr.lor.• Kw 114 11 Adeldi. 71 "•• 6rerltZran"" wgiUt. 'adds /41•1111/11811 - ... 0 1,, Nam.. and Lige 4.46 . 3 Northern 4t/Pronce 7 °Timm s Banleaui Li L Lt Paris and 1,0~... .91 eV& O Do. de. 10 Pa , .6 et«. *team . A`A .0 Nib and b00n.... O Po**. ett..ol.weno . 1t co.. .lio — o;2 - 2M1 ilairilei Sambre .ad MINK.. 1 II 744wq non Na,ca..:i Westrianikrs ...... 4 r,L — Per Awes& Est ~ ~ ~~: : litI it i MISCELLANEOUS NEWS.—Lo Naos AND 8013TN EASTAIN.—Tbe directors have announeed their intention of CONWAY lag a gonoral meeting °I their obarebolders, foe tO. spar of las- servies to the railway world in exposing themiscalculations of others that I am anxious you should not yourself put forth any. I thing which may mid oad or even give a wrong iceprririon. Is our weekly calculations showing the comparative rates of interest which the funds and railways yield, I perceive you ealonlate the interest Brighton shares wW pay by the len half-yearly divides& I an aware that you hays in perfect fairness stated that the dividend of the second half year is usually larger, ben the great increase of traffic. that the bet, and I eheraldi set, thasterr, have called your attention to the subject had set the ellielal statement of the directors enabled se is nabs a nen* calculation as to what rate of dividend Brigham dares will pay on the receipts of a gives Meant of weekly Malls, and for the information of year readers I beg to Land you the following calcubvione, breed on the *Bei& statement Won alluded to. Assuming that the capital will be 7,900,0001. Per week. 0,9004 will pay ti per wet. at per, or el per cent. at the price of ft. 9,3504. do. 4 „ or 7.3 *. 9,8011 t. do. 44 „ or 9.2 10,2601. do. 3 „ ~ or 9.19 111 10,7005. do. 64 „ „ or 9.17 The traffic of the present half-year to the October hes averaged 11,0001 per week. If the Vailic of the next nine weeks averages 9,0001. per week the nest dividend will be &per went, for the half-year. Do you nut think, therefore,in ryas future calculations it would be fairer b take ite Motor s—Your CoworanT READIS. This letter is given out of respect for the writer, bat alter due consideration we must still hold to the opinion that it would be extremely inconvenient, and ought lead to very prejudicial consequences in a public point of view, were the innovation suggested to be adapted, and such calculations to be founded upon any other basis than the rates of dividend actually last declared and paid. Such calculations can never be useful or reliable unless hued upon the positive data in hand; they would be delus:ve only too often If made up on data of a prospective, assumed, and uncer tain character, how promising soever atthe moment of ultimate verification, and with whatever scrupulous good faith they might be prepared and presented. It may be conceded at once that according to all prempeat eel the Brighton line will, at the close of Z e k lil alTyear now running, return a material advaros span the last half year's rate of dividend. Yet it must not be forgotten that such a prospect must still be l subject to all those risks and contingencies, ordi. ary l and extraordinary, to which commercial enterprise of 1 1 every kind is liable at any time, and which constitute the unlocked for drawbacks and I discounts upon anticipated profits. For example, taking extreme and the least probable events, the great tunnel might fall in, or the company's ware holies, workshop', carriages and engines, might be destroyed by fire, involving a loss in repair. and re constructions to the amount of some 100,00 W. How could the increased dividend out of present increastd traffic and profits be made to the shareholders in such case? And might not shareholders justly reproach as delusive and deceptive, if not dishonest, those calcu lations of prospectively improved dividend., founded upon necessarily uncertain data, on the faith of which they had been led into the purchase of shares at enhanced rates of price? Yet there are many contin gencies of unexpected loss, and depreciation of pro perty consequent, to which railways are liable other than those referred to, although not singly of the same magnitude. ESOLIBEI FUNDS. Ilaalfaaek. lea 90 India Honda £l, l OO. 40 3 lot Ct. Kai. Arms., 83 t 48 I Date under £l.OO. 30 3 pm . Ca Cos. Anna. e6l 64 i C , eascde for Aeet , .Yew Pie A . "" • Itig h•IF- 1. P u ."; . ' 3 l' • March. -- 30"1!" --- • ''• 1 12,9,81te """ 1— Ditto. 30 YR . esp. Jan. 3. 1000.0 11.10 ; Jine.loo Ditto, Liol, L . June, DI 41 Ditto, Sara. DI., June. A 41 POlllai3ll 3 pa et, Danish Boole, l 621 i Per (X Mellon. PM, 21 6 per Ct. Peruvian Donna 6 Prr er• Purtugurae Honda, 3 per mut., t 1 ---- - ----- - --- Drumm 6 per CL Ituegan 11.1 a, .0 BC. 981 8 6 1e c. Ct. 1 211141 Benda 411,. from 24 PR ' Ova. Pula Exchange. 19 Gad., 461 )STOCKS ABROAD. 111.0.1. Ira Sow. in, Was Seen • full atatement of the t financial position the sampany. The Wafter gifts the following app. oximate oats mat :—The capital of the South Lavern Company, when all the lines in wars of ealalnation are completed, and when all the . liessalasff pests whale the eascony pones have been ezerc,Z4 le perag gumless be shoot 8.600.0001, With that capital Ss 1111111111169 NSW!' the iris Us to Dover. to pr. g um gas end tho North Kent line to Om t 0e:2 4 746 4 .* s ag ggiggeg• eel Imam to Maldeteett, TunbridgeUs: izeig - ti i i • bleignig. end Fothatooe Herbour, together with • bran& Nee sod 'teem et the Bricklayer.' Arena, a line trona Aided to Heidime, god Iles Greenwich Railway, cornprida rt e ezi ▪ alaellna Ilan efratlway. at an average coro ofaberAgg , o4.. tus. ▪ pealmedwaskal of the maven, is Sada into leer segeteir. glad Iwo las seated at various times for the pusses of the lies while one rioneervited sad being worked, and which yield the preset oreenno sf M The following to an saris of these kir Shane 28,001:1, at 501. each, 1.400,0001.; =alp& Modcapital : Shares 20.000, at 296, but gt t ki t cast se 601,1,400,0006; net 700,00111. Third capital : Shares 28,000, et 244 672,0006 • paid up in edema of colla r 49,990k-7269606 Werth capital : S hares 42,000 at 821, 924,0 Of. • paid up, I,2(GL_ ge•goel Total, 3,302,26 ; which Is the acttial meant ft cash Newt into the ea. Soiree of the company on account of the man line, or lion now in working ; to which is to ha added 050,0006 of loans en ,klaw a total of 4,3.51,2.36 for th e oastructed lines. It will be obeefted that in the ant tiro espial, we have put down two amount e. The larger nun a the necoinal assent of capital, and the &mailer the actual mph 'welted by the company. The second capital wu eroded at 506 per cent. diamunt. The make one and two capitals hate all been aided ; but on the third capital there remain, 61. per not, to be called iv-224,0026 and l 11. 6s. Bd. on the number four c pita!, or 4 , 7,011 1. ; being t ge•her 700,0001, which wilt, or tourer, gu in liquidation et th e boa% dean, and salsa, therefore, be added to the capital as Aare stated. The result of Ma find statement, then, will Sow that the net amount of cash capital upon which dividend to laid in 3,302,2694, and that ultimately, when the bond debt is pad off, or capitalised, It will he 4,332,2636 s chargeable utsan the revenue frau the lines now in working. We think ilia nothing can be clearer than the elate. went, and we now come to the unproductive capital, which comas a two capitals, called in the company's tookr, the flith and ship capitals or, as we, for the sake of distinction wit, term them, the One and second of unproductive cipetal.—hat capita: Share% 31,300, at 251., 787,5u06 Sound capital: Hares, MOM", at fa. la„ 9,493,7506, making a total 01 3,201,2201. of unprudactice capital, which will come In for dividend when all the lines at present it course of construction are completed. There will thou, doubtless, be some further capital rased soft slating power. which the anthem poses. and which have not been eakatund, which will Sagas total share capital, when the account is closed, to about the seam inentkaed, namely 3,500,00n6, to be charged upon revenue. sow in working are the flutings lines and the Greenwich Railway, for the fall development of which It must be borne in mind fire ye', will vet he given, because Oa whole of that gross capital Si ace conats to dividend until the year 1893. RAILWAY RECEIPT* —The it elipit on the leading Hogg of raitway still continue much higher than in the c rreependiag period of last year. in the more 'striving in the care .7 the week ending on Saturday the 29th ult., laccause it not only mad inmost:4ly during n , at iy all the week, but in several instances the traffic on tha branch lines was seriously . interfered with, ouinF a three branches being under water. The merest to the York, New. caste, and Berwick line, as compared with the corresponding welt of Intl, was nearly tad. • on the London and North. Western, r 406; on the Great Weaken 1:44 01.; s.n the londni and sonth.Westers t 1,2506 ; on the London and Beason, 0012. ' • on the Eastern Count* 1,502.; and on the Lancaster and Cullale, 7501. COMMERCIAL AND MARKETS. COTTON.—LiveapooL, Noe. 4.—The market tram Ina very animated, end closed at steady prices : 5,000 Wave:egad. and Included 500 for export. MANCHIMITIM, Nue. 4.—The cloth market to-day aall yesterday has exhibited a good deal of activity, and prices are arase, th. ugh no advance hes Wen rbt.tineri on Tuesdity'e rata. The greie amount of mancifecturee taken by shippers during the week hashes. caviderable, the Greeks baying moved rather featly, and bums Ws for the north of Italy and far South America hoot g been la the market. Mexican buyers are doing ago .1 deal in the better Ideals al tee cloths. Lang clothe, and low end medium qualities ar r6 l cloths, ere In mare rapes.; and since the arrival of the Mail, buyer" for the India market have sought a gaud deal ate 40. inch shirting., but without bring willing, except in s few OW% to give en advance In prices. In 30-inch salting, there has sot bem much done, but Kock, are rather light, and comemrntly prices am nut been affected. The home train IR qubt, and the general area& rant in ~thee descriptions of cloth has not extended to domestics. The yarn market is rather more acore thvn last week, but it has only given • firmer tone to dealer. without proclaims se dirance fa prices. There was a better teeing on 'Change, owing to the further reducible of discoid& WOOLLEN CLOTHS.—Limps, Nov. 4.—Then wag good attendance of oar., hsnts la •Ir. Piece Hall today, and an too. proved amount of lausineva was iransacted . lodged the markets hen have of late been muit bette• than we have had ton part at this ax on in premousyears. Toe principal &wand was for Moths =MIAs for the gyring trade. Late prices were In ly sustained. HARDWARE. —BIRMINGHAM, Nov. 4.—Bnh the home and foreign trade continues to improve; all the manufacturers, except those m g. gad almost excluaively in •he fancy trader, an veil supplied with orders, in comparison with what they have hero daring the but eight or ten montha, and tnere is a proem... that trade will continue steady for some time, manes being completely exhausted. The dircontinuance of hortilities with the River Plate has taken place. trade has been reopened with Monte Video and Lame Ayres; and extensive orders fur that market are how in the 69nda of tha merchants. BREAD.—Nov. 4.—Tne rows of wheaten bread to the Metropolis are from &1. to bid.; of hoosoltold ditto, 6d. to 78d. tx 4114. loaf. — _ Nov. 4.—Turbots, 42. to 94 brills, 11d. to 3s. ; eod nab. 3s. to is.; whitings, 3d. to Sd.; totems, led. to ; crabs, &I. to 2a. esoh ; solo, bd. to 2s. per psi?; salmce, 10d. to Is. Id.; eel., dd. to 10d. per lb. ; grey mullet., bd. to le.; red ditto, 4d. to 61; haddocks, 3d. to Gd. each; crushed skates. IL to 4d. ; salt fhlt, 2d. to 4d.; Bturgeun, M. to bd. per lb.; nostodent, to Is. Gd. per dos.; oyster, 9a. to Us. per bushel; fresh heaths., 4d. to ed. per dom. SHIPPING INTELLIGENCE.—MAILa. MIL PCS. aIL 2 Dublin ..,... 010 Holland .... 0 0 has a. Senile 0 Molten 9 Z 0 Waterford .. 01 Irlaudues Oi ampton-Nov./a• Havan.ffovil illssaabestes. 0.0 Frazee. 10 Do. MarsoW.... 00 .1 odla Noe./ 1 GueriL&Jcm. Old LI.O, n . Nor.loo Boehm an.; lls 0 Brazil-Nov.9i 0 Hamburg— WO W. W less .. Nov. 9 Clasyseems, Nov. S.- Arrived: Alexandria, Baltimore; Christine, Baltic; Eliza and Mary, Hamburg; Datsey, audzie; Mediator, New York; Victory, Nory Gottenburg; Glory, Magnet, Rotterdam; Faro en Delight, Gluon ; Breeze, Guenmen Edward, Dantrac ; Fero; Guernsey; Lord J. Has. sell, Petereburg ; Hero, hint& • Ann, Margaret , Guernsey • Pro there* Denia ; Amandra, Dreamer Lams, Archangel ; Leer; North Aah, Ludion ; Minket:pi:Ss, Home; Goddess, Patna; Alpo., Dente; Triton, Omend ; Premier, Naples; Azuff, Menem Matchless Almeria; Atalantie, Honduras; Alexandrine, Caesi,• Amaranth ' , Altura; Elliott., Petemburg ; Active, Baltic; Mischiec Tria:, Flares; John and Alfred, laddewalls; Lady Wright, Listen; Halifax, Manilla; Prineese, Africa; I.a Preded, BeviLo; Ann Stain. ton, Mask Sea; Laced, Petra:; Mensies China; Cern% Wyboeg; Undermindman, Gottenburg; Witmer, konigeburg; Savage, Deals; Hero, SHICP; Smuggler, Pillau; Tee Ye:ober, Denmark; Patens; Einerant, Odessa ; Harvest, Stettin ; Kitty, Lubeek ; Venice; Woodbine, Cbietec ; Blame; Stettin ; Traveller, Cadiz; Countess of Lonedule. Tonning ; St. Pierre, Albion, Boulogne; Susan, Kocigsbmg; Augusta Seethe, Memel ; Zolivereln, auntie; Com mere*, Cronstadt ; Claret, Bordeaux • Louis, Cadiz; Lviturian, Ma. :ass; Louie*, Leghorn ; Carlo, Pete rsburg Prince of Brazils, Que. bee; Belfast, Calais; Giraffe, Atonic , Rotterdam; Champion, Pilau; Biasing, Petersburg; Elbe, Hamburg. Sided; Alpha, Ghent; Alrieanus, Fernando Po; •20Ionibo, Calcutta; Attwom., Ocean, But te:dam ; Caledonia, Hamburg; Mr E. Banks, Ostend ; Lent, Oct... ' lines; Mary Nixon, Madras • Zephyr, Bermuda ; Vivid, Malta ; Gs. dor, Rio; to., Valparairo• Alias Bay; Mellower, New toundland ; Princess Victo ria, Director, Antwerp; City of Rotter dam, listener, Rotterdam; Harlequin, Havre; City of Boulogne, Boulogne; Tourist, Calais; Laid J. Sneed, Harlingen; Patriarch. Aden; blender, Barb dues; Naotilue, Mauritius; Maria, St. Michael's; Magnet, Harlingen; ;sprightly, &ewes ; Nept Bre men; Jane, Jamaica• Ostich, Madras ; Mad, Cape; Em Tapls ferto. Malta ; Lady Mansell , Guernsey ; 'Albs Rookh, New &Mud; Free Trade, TO110111(. &mummy Nov. S.—Arrived: Snowden, St. Jolanb, N.B. ; Reek. shire, Quebec; J.ll. Shepherd, New York; Brazil Packet, Laguna; Seadrift, St. Pete . hauled : Dernaport, Charleston; New Orleans; Abbot yard, Philadelphia. [Advertisement.) JOHN KATE'S WeIIf3DELL'S Plue.—The triumph, that are daily achieved by Wonders TwWiblis Restorative Pills, premrod by John Kayo, }lke., of lialtun.hM, nee Huddersfield, fire truly wonderful. The following remarkable cares et iseryoutness and indigestion are taken from several hundreds es bons. Mr. Thomas Darrel, of King streets hawley-green, writee : —I was very W for the spa. of three smite with a violent pain under my left breast. abed thp-stion , much boomenees, and such debilty that 1 cou ld ungusly wood to my employment ; but by taking a few dome. of Mayen Modernity° Pil/s, four onch time, 1 was rest...red to perfect health." Mr. Pulforsi, farmer, Kirby Cane, Norfolk, was aithete.l for :j lim eers with great wualtnese and extreme rein, in consequence of MM. on. My taking ek Restotutive Pills the digt,...nig lain in his chest was removed. and 1210 health Is greatly in tprot ev. t..ease that the arms of John Kaye. together with • fandrolle of his signature. ars printed on the dirsaatons for use wrapped round cacti bog. bold by all respectable chemists and medicine venders, price ls. lid. 2.5. Id., and 4s. lid. each bug. BIRTH. 12 AINdWORTIL—Nov 2, at Taatussevula. Hammersmith, the wife W. F. Ainsworth, Ent. 01• von °lßMA—Nev. 2, at Ilyde-park-street, the wife of 11. IL 01ithe. &goal • daughter. 0 I LLl3.—Nov. 2, at Chtertermee, Ithigenth-pork, the wife of A. Char, Ithaq.. of a dngoter. HANN AN.—N ov I,•t Hilroarnock. Mn D. Hannan. of a eon. LAW.—Nov. 3, at Flcefestreet, lire. C. H. Law, of tsim—a ion ands 31 daughter. MUHL —Nov. 1. at °kelpie, Mn W Muir, of Perth, Canada Wed. of • Km NUN MO.—Nov.l. at Fdind. )In. H. Munro, of • net NICHOLLES.—Nov. 2, at Maethcatb. the wire of Mr. Michelle.. 02 a. Re..entatrcet, of a demister. OLDYIELD.—Nov. 4. at tut Newingfcread, Clapham Dark the wired W..Langton Oldateld, Eaq.. of a daughter. BELBS.—Nov. 3, at, °mai Portlandetreet, the with of Mr. J. Selby. 32 of • Sect MARRIAGES. AVERY-110/1111111EY.- 00 . 31, at 01. Nicholaan, Liverpool. byth d. Rev. A. B. Phillips, A.M.. Mr. J. P. Avery. dna .111 Ar of the ship Creole. to Margaret...owl dambter of (I .0. M. D. Mormorey, d. (USN ETT—LIITTON.—N..v. 2, at St. Mann, Birkenhead, by the Rev. A . Knox, the Rev. W. B. Garnett, mate of 1.3.10 n. doer:, &ugh. second daughter of W. Dutton, I'q.. of Ilamllpre square, Birkenhead. g I GRUhIGIEN—WINCKVfORTIL—Nov. 2, at Et. Mew, kfl a pe n , J. by toe Rev. F. J. Unipeu. M.A. Fellow of M. John's Colkge, Cam bridge. 11. 31. Unman. Y.U. , to Marries, second downer of the lags J. Wlnekworth, Esq., of London. JOHN tUrN —MOLLIE B.—Nov. 1, at tho Cnineton Mahn. Motivated, M. Johnson. rift. to Plueby Newby. doubter of the Lte 11. lloUlea, Req.. of ileasky-vale, near Mansfield. MOOME—EDSDELL.—Nov. 2, at chelinsford. be the Rev. T. W. Davide, Mr. T. Moore. of Colchestor, Mar e aret third daughte- of J. C. Y NTE—ERO2I2I—Nov. 2. at Bt. Cloonte's 11-mover square, by the 2, Rcv. C. Bingham, Capt. K. Trete, of the Ovedh E m ote,urds. to 11117 Potshot eldest daughter of the late UM. O. O of Pueblal. Doundthire. VAIHP.N-8111TNot 2, at St. Antholin's. WatlinAnreet. by the Rev. W. (Mode. M.A., rector. J. Vardar, Pra Laos lowno Home, 34 Worcester, to Elizabeth. Yoringem daughter of the Late T. O. Smith, Esq., of Dowgate-ladl. DEATHS. to ANNESLEIT.—Nov. 1, at Eydon Ilan, Nonhsmptonshire. Catherine, roil of the lets A. Annesty. Esq., of isieteblugoon. then, a;tnl Si. BONBEIL—Nov. 1, at Belie Vue, blown, buzkrs kovba. l0u0.:04 of W. Bonney. Esq. Cel u ett—Oet. 29. at Dublin...obn F. Clarke, M.D.. Inntetor-genend of Army! Hookahs, aged 60. COLCLo 11.-11. A. AC. at Mallansinas. Margaret• relict of the late T. Er e i: l l"-§ b. v E l, t Plu g' stllits, Gertrude, yt.ungust daughter of W. B.Laat, N tsq. i. Creeeen . RIS(I.—. ov. at Morton, T. king, LK.. formerly of the Bank of England. LUCAS.—Nov 2, at Chthinford, L. Lucia, lint, aged 32. MILLS.—Oct. 31, at Hanley, dtaflurdthire, Elictheth. alto of Mr. W. aged IL POTCHLTT.-21hy. 1, at the vicarage, Oruathan3. Ila , aroma, wife of the Rev. W. Potebett. aged 71- RIcKARI.I.—Oct.3I. at Bubiln. Mary. wife of Mr. J. Richard, aged BOTHKOI4. Oen 31, at Liverpool, J. Sonnets. kW.. aged 67. STEVE: B.—Oct. 30, at Torrinaumequaro. S. Stare.. Ento aged ea TANKER. —Aug. 27 at Mac Persia, of Inflammatory lover. Rowell beloved end dee y repotted by all who knew kiln, Joseph Louie Taster. 114 nth of Joseph Taker. ,of Middleton 1411, Brentwood, hues, and York-lElOLnp. New-road. ag d it TOW MELAND.—Nov. 2, Rebecca, folks of J. Towesiand, Eng.. toted Penibrokespume. Kenzington. aged WILLA—At Wellington, New Zealand, at the roddconeof her youegms eon. Margaret, widow of the late Witham With, Eaq.,lonnerir 01 bireathant. dungy, In her 66th )thr- WINDIIOII.—Nov. 4,at Irrigate% Hoary Thomas Windier. of Muswelthill. aged P. - • rrint,d and yulAiibedbrwilt" LIALik et No. 0. 0.00.0.1t 0 .• street, In Out City ci Lee&o, Ihteterott the (Mho!, In Leeetard-e4leo. tu Law precinct ut Vlttiddliam..4l o / 11 DAT. NO•111111L Ge 1/41. ' l' Tge for *A In MO 'ben stile sad be ea them p Th take aye wm OW