The Express. — London, England, 1849-02-26 00:00:00

this only made matters 'am The rikini_Letbral don to which the people bad been sollsansd leiers bad driven them to desperation. They set inensnos and interest et edam. Roche may lishennahnt dis strength of the }spiv feeEmg by the fast that when the old tory member, wished to te.p their election ball no women in the town could be found to attend! This feeling was re-excited by the circum stances of Capt. }Lae position. With a resolution amounting almost to that which is the effect of dee perstiou, the people determined "to carry the Cap tain," and they did so to the wonder of the neigh bourhood by a majority of 108 to 97. As you may easily perceive, when Captain Boss went up In lAndoe. t, enter, as he Galled it, on hie now command, ke found the Hoop of Commons a very different ship to that he had expected. He tried to sit out the tremendous long yarns that they spun there, but it usually ended in his falling to sleep on a back bench, or stretchiog himself out at length in the gal lery. The deep-rea lead which he, mentally, threw oat in a long debate , never reached soundings but omee or twice, and then only brought up "sand and shells." of which he could make little or nothing. He would t. y oo.asionsily to takethe bearingsof the minis ter's position, but though a pretty good band at an obser- vadat generally, he could make nothing out of this. The forms of the house were an awful puzzle to him, and whoa the dirisinn bell sounded —or, as he used to say, " all hands were piped "—which gangway he eaght to go out et, whetier be was an " aye" or a "no "—which on the " amendment," and which the " original motion "—were points on which he never could arrive at a derision. Hs was consequently obliged to hoist a bine l'eter fora pilot two or three times a bight t sometime-site was even driven to hang out a signal et distress. Captain Boss, in fact, could turn a ship, or otter a ship, or light a skip as wall as toy mar, but the working of the vessel of the state he did not understand. In fact, the worthy Captain was at can to a gre.tse extent than he ever had bean in his life before—at see, too, without a compels or a chart. Poor Capt. Bon ! This was not his only vexation. Without intending any harm, but, u you may well believe, Irma pure jollity of character, he had caused the 'op to flow right easily in Northallerton at and after his election. His committee undertook to get in the bills and send him the account. It came a• last : rum to - al 7304 ! A very small amount comparatively for a seat in parliament, but a aao,t tremendous stunner for a poet captain ikeln half-pay. The diffi culty may be early appreciated. Capt. Boss paid— he was the sort of man who would pay every farthinz —but he did not pay without difficulty, and he could not pay without that diffizulty being known. He complained, too, a good deal, and this alienated many against whom, in truth, there was no reasonable ground of compltiut. The fact was, Capt. Boas was out of his element. His °unfitly nts soon discovered the fact. It was highly honourable to them to have elected him meter all toe cirenmstances, but his elec tion was a =leak,. The next general election was in 1835. In the interval the family iefluences at Northallerton had not been :die. The Pierre and Lucelles properties in the borough had been " worked" effectually. A cue is known in which three good front houses, with gardens, were let at 101. each to tenant voters, who sub-let them at from 401. to 501. each. There were numerous instances of this sat; in fact, any man who could vote right, could get house property 'Karel to him pretty much on his own terms, it being well understood that the real consideration was the vote and not the money rent. In consequence of this circumstance, and what has been before detailed, Capt. Boss found himself beaten on the long tack, and so far to leeward in 1835 that he was Lila to " .03 about," and give up the chalet, altegethee. Mr. Wrightson was now elected. He came in searcely with the consent of the liberal party, but they were obliged to succumb to the force of circumst oxen Capt. Bose had no sooner been thoroughly beaten by the ouliined fleets as he would my, of Lascelles and Piece, than that state of things occurred which is always to be expected where the interests in com bination ere of a rival character. Mr. Wrightson voted conscientiously with the whip; the }firewood family acted with the tories. At the election in 1837, Mr. Edwin Lescelles, the present member for Ripon, came down to Northallerton to try the strength of the family iufluence. He canvassed, but the old feeling so far survived that he found he had very little chance, and accordingly he left the town. In IFI4I, however, the position of public affairs was far more favourahle to him. Northallerton is in the centre of an ugriultural district. Toe great question of the day was corn law repeal, and Air. Wrightson bad voted in its favour. The Pieties, too, had disposed of a portion of their town property, whilst that of the Harewood family remained intact. Mr. Lamella now came forward, determined to make a gallant fight for the representation. The contest which ensued was severe and acrimonious. The Lascelles party had the county interest in their favour, the pre ponderance in respect of property, and all the feeling on the snbject of the corn law. Mr. Wrightson, on his side, had also one or two points of van tage : the residence and popularity of Miss Pierse, the family influence with the tradespeople, the advan tage of being in possession of the seat, and of having held it without offending anybody during two em cee sive earliaments. Besides this, the old spirit of 1832 wee not entirely dead, and many of Captain Bas's old mew now consented to be rated A B's in the books of the good ship Wrightson. Mr. Wrightson, more over, had, as Captain Boss would have said, plenty of shot in the locker. His ammunition was needed. Oa both aides the expenditure in electioneering excesses was, for a small place like Northallerton, lavish. There was a met amount of treating. Bribery, to an Went, there was not, and, indeed, three could not be in this town but, as an takeemat nye, " the undecided were influenced," and there were one or two rather discreditable instances of kidnapping and bottling. If these things ma le laid boshto thecharge of bosh parties, there is also, in aides to each of them, to be recorded that, as farm weep individually concerned_, they kesht the hsremik in the best spirit. Mr. Lessen's is remembered there to this hour rather for the get tiemeallhe suavity of his demeanour than for his Isle enpseditere. It was cert.inly no lack of personal psteimiq that nem aimed his defeat. He washes.= en tbe pelt by 14 votes, the numbers beteg—kr Wrightson, 128; 'micelle*, 114. The expenses of the two parties are estimated at 6,0004 :are them 201. an elector, and more than • guinea per hied kr all the population. Four years after, it being evident that their election inflame:swag gone, and it being probable that the value of houses in Noethallerton would speedily decline, the Labelle. family sold t'ee whole of their house property in this town in lots to the highest bidder. It was the wisest thing they could do. Having once depre ciated the rents fee e • purposes, it was dillealt, and in the face of a dem trade it would probably have been impossible, to have raised them to a proper leveL The Pines property is also much diminished, so that, probably, similar combinations and conflicts to those we have recorded never can again mom in the borough of Neethillenon. What will be its future fats if it is permitted to re main a borough, as at pment, it is kt to predi cate. We commend the ems to Mr. Attwood, of Har wich and Lyme Regis, and many other notorious places. Uncorrupted, the majority of voters are, no doubt, liberals, but who knows what John Att wood's purse would do ? There is a Bereeford, moreover, in the case—a name to which Mr. Attwood is much attached. A son of Sir J. P. Beresford is heir presumptive to the Pierse estates. He is said to be a tory, and the party in Northallerton build up their hopes on that assumption. From their neigh bourhood to the town the Piersee always will have Maumee hen—and they are now almost the only family who have. The proper way to deal with North*Horton, how ever, would be to +mite it in electoral combination with the town of Thirak. Singly, it cannot show a shadow of a claim to return a member to the Home of COlllOlOllll In Population Northallerton has not 6,000 souls ; in votes, not 300. Its only trade—the wedges trade—ia lost to it for ever. In the district included in the borough there are one or two lima manufactories, and that is all the means Northaller► ton can boast of employing even its scanty lion. A hundred vill ages are just as math est= the franchise; in point of wealth, ranch more so. By uniting Northallerton and Think, and thereby doubling the eenetiteeneY, the independence of the voters would be 'scared, and the prevailing inh umes is both Mina neutralised, The arrange ment would not be useeeeptable to the of either place. Think and Northallarton are rtt apart : their interest' are is 00•1•011 and the public feeling d their people meek the Nam The arrange ment would afford the parliamrnt an opportunity of giving_ a member to the town of Stockton _ ipsurilass, a phut airing !daily in importance, having a pardslisa gyrator than that of Northallertou and Musk another. and yet unrepresented in the Commons House of Parliament We will venture to say that this measure would ha universally accept able. As an historical fact, we mast not omit to mention that the first Ite!orm Bill left Northallerton un touched! Had that bill passed, unmodified, this place would abs.,lutely have sent two members to legislate for the United Kingdom. No cloub', in that case, the families of Pierre and Doodles would to this hour have divided the representation, and we never should have had the episode of pliant Capt. Boss. " Peace be to his sidles !" IRELAND. Domini, Pas. 24. I never recollect any opposition to a government measure springing up with Bach sudden fierceness as that in Ulster, to prevent the ration of a rate in aid being passed inta law. All, or nearly all, the boar I of guardians have protested in strong resolutions against it. The Belfast board have resolved as follows : The &Mut Surd of Guardians have beard with sunw , se, alarm, ae.d indignat'oe, tits proposition that a rate in aid shall ha levied on Ireland. They are surprised that the gnat ezertient of the Ulster 'swam.' honestly to cirry oat the provisions of the poor law have been so entirely over looked. Thu are alarmed at this. in they opinion but the couseaortuat of a system of operliatiny, the tersinatbn of which cann.4 be fumes'. The Belfast guardians consider Inland u an integral part of the British empire, and are, therefor., indignant ate proposal which seems to sever, or separate, Ireland fruit Britain. The cheer:log, on the peace able and industrious counties of Ireland, alone, a rate is aid of the poomparte of this island, will be & bonus to impro vidence, and, it Is hared, lead to di.inelination, and perkeps resistance, of the payment of poor rate.. The newspapers of the " Black North" also abound with strong articles against the measure. The new paper, The Press, has appeared this week. Its tone is moderate and calm, and it supports liberal principles. One of its articles in last night's nava her may be taken as expressing the feelings of the moderate liberals about "jury packing." Great disgust is felt amongst all the respectable catholic. at the conduct of the juror who cheered in the jury box on the rcoent occasion. It wan said that after ha left the court, he got upon a car to return home, and then began to cheer loudly as he passed along. This conduct serves only the crown in its wish to have a selected jury. The Ilveman's Journal has the following respect ing the treatment of some of the Kilmainham pri soners We understand that en investigation has been at I, ngth ordered by the government into the treatment t , which it is alleged the six state prisoners still confined in Hilmainhaut Gaol have been subj. etal. These matters occupied a I.rge share of public attention at the time of tie it occurrence, and we, in justice to the gentlemen represented as ettfiering un necessary hardships, as well as to give the prison officials an opportunity of defence, called for a full and public inquiry into all tile circumatancet—this inquiry has Ulm ordered. On Friday, • *commissioner, applin•ed under warrant of his excellency, attended at the prison, and eat red into arrange ments fa commencing the investigation this day, at twelve o'clock. The same journal publishes the following letter from Mr. Brenan, one of the prisoners, to Sir 0. Grey, respecting some statements recently made by the latter in the House of Commons: Yelon-yard, Kilmainhans,Tuesday,Feb. the last few days we, the state prhootn at present con fin , din this gee', have been allowed to real the public newspapers In consequence or this t. indulgence" I have Ken a report of a debate which suns in the booth, sorme evenings since, nth. Mee vs our position, end the restrictions under which we suffer. In reply to 81018 obeervations made by the boa. member for Dublin, you are reported to have said that— Speaking from memory, you believed the tae's to be these: Some of the pris . ners had writes articles for newspapers while In maw meet, and which were enneidered by the Lord Liestment to be calm. lard to endanger the public peace. They were desired to don't from writing such articles, but having cdatinately refused to do tns they were at once removed to another side ti the prima, where the some opportunities for alheding is like maw would act he 'leaded then. • • • All the Kimsey, had threa'eaed to Gibed as lgr. Messy bed allsded, sad that =thin but forte would prevent them from doing an. Allow me to mom you, sir, that either your memory has played you false, or Ton have been grossly misinformed. Here are the facts :—Mr. finny and Mr. Rel were the only gentlemen of the sin still confined here who published any letters or articles in the newspapers. The publication at these letters wee not even approved of by the remaining four. When the sheriff (Mr. /Maw) come ti remove us, I asked him if he thnurt it jsst to include thane who were innocent. of the off :nce in the punishment which be believed it merited ? I told him that I, and three of my fellow psi -owns, had not published any letters, with or witant our signatures,in the papers—that we did not approve of such pub lication—that we did not Intend to have r.course to it—tuad that we were ready to comply with ell the rules and bye laws of the prison, be they what they may. The sheriff cspreseed his sorrow for our punishment, which he admitted to be un dowsed, but sent as, nevertheless, with a bady•guard of po licemen, to the damp cells of the " felon yard." All the prisoners did not not "threatens to offend as Mr. Mousy had offended." Rig constitute " all," and of them, I made no such threat—Patrick O'Higgins made no such threat— Walter Thomas Meyler made to such threat--ar.d Thomas Matthew Halpin made no seek threat. On the cents ary, we were willing to give a pledge to refrain from publishing, directly or by prosy, any letters or ankh a which might be " inhibited" during the term of oar imprisonment. To the truth—the complete truth—of this statement the sheriff, the governor, the turnkeys, and policemen present can make oath.—l am, sir, your obedient servant, JOSP,PIi Baratta N. RC/40SVIIID VISIT OF TER WISES TO Mammas aro abroad that It is the intention of her Majesty to visit Inland daring the Issuing misser, and we observe that a northern cotomporary has saactiosad • report that a royal mariso fluidises is shout to be parchamd at Boatrevor. I —Eretung Rumors ow Tmtronat, Pun or lasuatn.—Writs have bees hissed from the Hammier Odlorr ter the election of a temporal peer in the ram of the late Edward Wadding Baron Dolman in the Howe of Loren EL limn budiametplaw, brother of the lameated Preform haw of Trinity College, DabHs e lesppoistai a sdparlitey magistrate in Ireland. PROVINCIAL T Tae MUZDER AT Huu...— C beiLt da ell the body ofliaa Hutto° tanaisatodl IS y last in a realist Wilful WWw spank aim pesos or unknown." Oa ramie , the essessi, Theme was brought before the m who, in wilingssooa of the above verdict, discharged kin, with an istimills that if aaythlow further transpired he would be liable te be bratght sr MILL LPAILLIT-MAIN COLLIERY ExPLOIROII.—By the list et wabeertptime for the arm ee= familisa bereaved by the entssorophe at Daley-Maio Clallisey. It appears that upwards ef 1,2001. has been put down ihritti . I bIISOVOkat object, NORFOLK. THE INVALIDS AT STANFIELD HALL.—IN the Sit ly put of *a repeat week, Ilia Jenny bad exparieseed San Malan tbea tar SIMS time put . Oa Sunday a farther per et dm be.. lOW area alas away, and Wain that time, the mend tM irritation Laving been removed, we leant that tits werimi his again retuned a more favourable op. pearaose. The eervant, Ellis Chemin', e wino,. to pro. gem to le met milleadary mower; bat neither in one Can nor she Atm ban the patios* been able to leave their beds, ow to het to bo mood from the position In white they were plod al Os Ibto dth• Nary. Ii•TMARIET.—CYKeefa's O called a comedy by courtesy, bemuse is in Ike " Wild 0 de," was revived at this theatre on Saturday evening. O'Keefe, like Foote, was move of &Amer then a regular &amain ; but he had nese of Foote 's blueing., fier did he use hie pieces as lam poons to blacken the character or expose the frailties of living individuals. Still O'Keefe wee not • painter—he was only • earicattnist. He could not give the sembhuice ef °moist eney or reality to his Oilman , . ; they are merely imaginary beings, distinguished by nothing but the exaggeration of some 060 feature, the exhibition of soots habitual foible, or mom peouliarity of speech or manners, which is so cunatu ntly kept fa view al to be often ridiculous and amusing, bat as Gem obtrusive and gamete. All O'Keefe's pieces are fares. ; the only differ'sce being that some are farces in two acts, and others farces to Ave. Bat fame, alter all, is certainly • branch of the "legitimate dramas." A go..d farce is a good thine, and we know of no canon of criticism which prohibits a farce M five acts, provided the author has vivacity enough to keep the *pinta of the audience from I:=lduring • three hour' performasee. "Thug ( passes , 1 " says Voltaire, "Awe 1. iptre missireser ; ' and nobody, we believe, that has wen " Wild Oat s " well acted has ever hit the theatre under the intimate of wearineia. This piece, coesequently, call it what we will, comealy, or fame, has survived may drainage works fiT loftier pretending, and will probably survive many mon. It hag probably UM been mere strongly emt th an it sow is at the Haymarket. The pen of Rover might hem been writtee for Mr. James Wal'aek so completely is it in that 'clever actor's vein. Could he ;make hb aspzct a little more youthful, his would be perfect ; but no Ohm alga now em it e e r 2go adi ellid eater seam egiately into the split of the ebeeester—wind sows* wish sash sakes *.she nrestvid pis% j vrislity. sad eavelumes of the et the ems time his keit s, try =We pread: 4 7:s:, "" Vlisiliss et warm and pnweirs kV • are se men sere that 011esis Imola that Rear's q pips, whisk Ye peene eat as m ike* es &mho ass his peeve% Medi earl the mese the new of seloiskieg his esatestpseeg wheeling. They me oily the obelisk= of a sligieskeek yea*, Owing vest to hie lbslep is the hagemtge he loves best, and to scams them Me a series if sealsd M imitations," for the THE EXPRESS, MONDAY EVENING, FEBRUARY 26, 1849. dhesi pupas of malting the audience laugh, is greedy to impels each reality and satirist as the character posseesse. Bat we believe that Mr. Wallach only follows the custom of his predecessors, sad certainly his imitations of Kimble, Keen, Your& Mseready, and many other stage Ibetabilit4 are exceedingly clever and amusing. Kiss Jolla Beencts's Lady Amaranth was a deFghthl pietas/mos—a charming emamansation at the delicacy, pare, and elegance of the lady with the quaint peculiarities of the quake reel ; thoueh the character (hke all the rest, indeed) as one that could exist only on the . ster. Xeeltys Ephraim Is quiet, but good ; and When s her Door?. Moan is bciiterous, but mood also, foe boisteroawases is abs essence of the character. Webster plays the little pert of Sim, and J. Bland is clever and effecuve in John Dory. On the whole the performance was execediogly pleasant, sad mightily relished by a I crowded 'whence. lug their answer ininedene. The gait was instituted by the *rows, asserting a tide to the bed, and soil, sad shores MOO river Th ames between high and low water mark, as against the defendants, who alaimedto be the owners of the bed, and soil, and she,.. Cl the river. The tot the solicitor general and Mmes. Turner and ltaide. on behalf of the craven, having bees ennetuded, Mr. Bothell, in his reply said, that the argument toe the aroma bad been addressed to the units ot the ease aid was rather to the effect that the Mindsets had are made • suSeient deism than that they bad not made a unkind discovery. The argument for the crown was reducible' to three heeds ; Ire, that the defendants had not pleaded issuably, and bad not stated the nature of their defense in • manner sullidently dear to comply with the ordinary rules of the court. Begondly, that there was a fi deduy relation between the crown mad the defendants, which disabled the defendants from withholding anything as peculiar to them selves relating to the matters in quotient; and, lastly, that there existed to the Court of Exchequer, at the time of the removal of its equitable juriedistion to this court, a peculiar prerogative ia the crown to compel a subject to set forth 1 the particulars of the title under which he claimed. As to the first point, the notion that the defendants had not pleaded issuably, protruded on a misapprehension u to what was said in the answer, sod cm a mistake as to the law on this point. The old principle of law was nullum temple oe cane retch, but that rule bed been done away with by the statutes of limitation, and a prescriptive right could now be acquired spinet the crown, and it was not INCIIIIIII7 VII show the engin of the defendants' title. Prescriptive right was founded onions and immemorial possession, and might be set up hang the ela:m of the crown, and that reduced the question an this head of the argument to a question of (rid. OM on tie wording of the answer whether it was sufficient to raise that defense. The information itself, in fact, put in hue the gingiva of immemorial posseesion. The snawer also bad distinctly raised it in more technical and regular expressions in the very form in which hues at law to try quondam of prescriptive right were di rented by the court. The argument en the other side was that prescription wee nothing unless the origin of it was shown, but the very genius and tuna of prescription was that the origin of your title was pat. If you were &Need to trace the origin d your prercriptioa it would abrogate pre scription its, But your tit'e being lost in the obscurity of antiquity, the law coma in with its benevolent itid. aid relieves yes from the usiesesity of showing its origin. If the defendants in their answer had mentioned any charter or grant, no matter how far back, they would have lost their prescriptive title. It would have been an absurdity to plead a prescriptive title and ascribe your title to a particular period. The defendants have put their title on prescription alone, and that is all the plaintiff is entitled to know. Besides all charters are matters of record, and it cannot be supposed that the crown is ignorant f the charten it has granted. As to the existence of a fiduciary relation between the crown and corporation, it was alleged to be that of landlord and bailiff, and that a bailiff was not at liberty to set up any title in himself, or to withhold any diseovery of any matters which came to his knowledge in that capacity. No such case was made by the information, nor was there anything in the answer admitting or givlrg countenance to such a cage. The information treated the questioa as one of adverse claims, and asked for issues at law to try them. The argument was that the defendants bad done the acts of ownership exer cised by them as bailiffs ?Witte officii, and that they debited a colourable title founded on thou acts. GI the information alleged that the acts exceeded the powers of the defendants as coneervaten of the river, and that they were done by them as owners of the sail. The answer of the defendants was conclusive, that the office of conservator,, and the acts done by them in that character, were distinct from their rights es owner of the soil, and the i acts done by them as such. The office of conservators was not, in fact;derived at all from the crown, but from the legislature. As to the prerogative sight in the crown to compel a subject to answer any question put to him, there was no evidence of such a right ever existing in the Court of Ezdequ.r ; and even if there were, when the equitable jurisdiction of that court was transfe rred to the Court of Chancery, the practice of the latter court could alone be re garded, and it was clear it recognised no such right, Mr. Turner having claimed the right of reply for the Soli cit*: General, Mr. Bothell said such • right bad been con tinually claimed, but formal claim. The Muter of the Rolls said be should reserve his judg ment r st the exceptions ; and if the Solicitor-Clerteral claimed the right of reply, he would heu what he bad to say upon it on Monday okis) morning. Before the tlee.araneener ef raglan& BAYER V. SALMON.-BILL TO BET ASIDE AN AGREEMENT FOR ma PI:RC/lASI OF A QUADS MEDICINE. This suit was instituted by Richard George Baker, for the purpcoe of having an agreement cancelled which was entered into by him with a person named Robert Salmon, for the parches, of a quack medicine. The bill stated that in May, 1845, the following advertisement ap peared in the newspapers : "To be geld, for reasons which will be explained, a valuable patent medicine, of some considerable repute, in making which public the advertiser has expended a large sum of money. Any person with a few hundred pounds may rea lise a fortuee." That the plaintiff answered this advertise meet, requesting to be furnished with particulars as to the nature of the medicine, when he received a letter from the defendant informing the plaintiff that the advertisement re-1 tarred to "Dr. Hamilton's Vital Pi 11.," and the price re quired was 4001., which was not a third of the value. The plaintiff subsequently had several interviews with the defen dant, when he wAr informed of the wonderful sale of the pills, and that the defendant was the only person who was acquainted with the secret of their composition. That en agreement was then entered into between the plaintiff and defendant, by which the plaintiff was to give 4001. for the invention, to be paid for by three bills of exchange. The bill alleged that the value of quack medicines depended 'altogether upon the frequency with which the attention of the public was drawn to them; that the defendant bad, untruly stated that he had expended 10001.. in advents. ing trees pills, and that they were not in fact worth more than a guinea. The plaintiff alleged that the statements made by the defendant for the purpose of inducing him to pay so large a sum were en tirely false and fraudulent, and that the prescription accord ing to which the defendant alleged the pills to have been compound , d was not written by Dr. Hamilton, the celebrated physician, but that the ingredients were invented by the de fendant himself, and were the same as Moriaon's pale, with the addition of a little more ginger. Under these circum stances the plaintiff Med his bill to set aside the agreement, and to re-train the defendant from bringing any actions upon the bills of exchange. The defendant by his answer denied all the all. gstions of fraud and misrepresentation made by the plaintiff. Mr. Bethel and Mr. Bird appeared for the plaintiff, and Mr. Stuart and Mr. Southgate for the defendant. The Vice-Chancellor said there had been no ease made out for the relief sought by the plaintiff ; he should therefore die miss the bill with costs. COURT OF QUEEN'S BENCH.-43ATCRDAY. Malay la %ace at Wes. The court est to-ilq for the purpose of delivering judg ments. _ _ _ TNRQI7IIIIN e. CRARRITTII.-113LLING ♦ CADET/NIP. In this case the defendant had with other persons been indicted for having, contrary to the statute, mired messy for procuring the appointment to a cadetship of the son of a Mr. WoUtenpooe, a writer to the signet, residing at Elinburgb. The defendant, who was a captain in the army, bad been found gnaty. Subsequently a new trial had been moved for and a rule granted, on the ground that the words in the act of parliament, whichlwere, "oft*, place, oommbsion, or appointment," did not apply to the case of a cadetship. The court now delivered judgment and decided that the indictment bad been proved, and that the words in the statute clearly applied to a cadetship, sad the rule must therefore be discharged. Ices Paces.—Bsiore Mr. Justice )tale and Special Juries. Tn■ WRIT COatn►atL RAILWAY C V. MOWATT. This was an action brought to recover 10,0341., being the amount of calls made on 6,017 shares, held by the defendant in the plaintiffs' cam y. To this the defendant had pl.aded severally that he was not indebted beyond 1001 ; that he was not the holder of the shares, sad thirdly that he had become the holder of the shame by the fraud sad curia of the plaintiffs. Sir I.lfieTiger, Mr. Crowder, Q C., and Mr. M. Smith. conducted the cue for the plaint a ; and the Attorney- General, with Mr. Martin, Q C , Mr. Compton, and Mr. Jones, appeased for the defendant. It appeared that the act of parliament ineorpoestine this company received the royal mem in the year 1846, and in the July of the following year the defendant, who was the member for the borough of Perth's, became the registered proprietor of 6,017 "hues. Upon these a call of 21. per share was subsequently made. Shortly afterwards the die &ardent became en active member, taking upon himself much of the management and control of the company's affair", acting u a director and as chairman of the board. While officiating the he had written several letters and eir eul-r• to be tent to defaulters pressing for payment, and stating that it was highly necessary that the calls should be at once paid, as the whole of the capital had been subscribed. In another document the defendant had spoken of himself las the °weer of one flfth of the eompany's entire capital, and therefore those parties who would not pay their cells should do so, and also that if he did net Lave his own way entirely he would have nothing whatever to do with the affair. The directors, ism titling that they had the right of a voles in their own busi ness, did not choose thus to have a dictatorship established. Such a fact having been intinwed to the defendant, he at once resigned his offioe, stating he would have nothing more to do with the company, and refusing to pay the N. cell on hie registered shares. The present action egas therefore brought. Witnesses were sailed in suppoet of thus facts ; but on cross examination, however, they *dinned that there bad been some agreement entered into between the company and the defendant, under whisk he had coniented to take the anscpropriated shares. The Attorney. %send, for the defame, observed that as he had been instructed that the defendant had withdrawn his third plea, he should say nothing about the letters to which the attention of thejury bad bow called : they were unimportant. The defendant had willingly takes the sham in question, but it was under a pedal agewamt ; but the poiut bivalved would be me entirely o law, whether the def edamit was legally the proprietor of the shares, and he (the learned Anterney-General) *amnia it would be awe , Feudist at ease Is list it in such a gunner that the opinion of the out ideal be obtained. Sir F. Thegiger laid it night be pat is any Reis his lard- Ali deemed pew. L'lrdohip s ea the termination of some disemelen, sallt a verdiet for the hal amount, 10,0341. and intermit, should be entered he the plaintiff, subject to • special verdict. OOURT OP IXCHICQUIR.-B•Tosaii. Nos Pura.—Bolen Blr F. Pollock, GE., sad Lauda lipealal halm CODRIITT PAIIPIR) r SIR MIRROR GYM; BART., LIM JOHN HUDISOR.—ALLIORD ARIAL:ILT MID FAUI ht. This was an action ise trespass fur asmalit and Wee impel semseent, alleged to have been committed by the defendants, under the following reconstitute a :—The deelaraion stated that the plaintiff bad been assaulted on the 24th of Deem her, 1847, in the Qiteen's Bench prison, and Weaselly ear. palled to go from one part thereof to another, hewn as elms 1," which was MOT, confined and unhealthy. That "ogre 1" was devoted to the reception of fraudulent dares or 1 error remanded by judges of tee insolvent emits foe refusing to file schedules of their property. That the plaintiff was there detained for 44 days, and prevented from holding interoDume or core tension with his lawful fel lows or friends, and mom receiving his proper load, &c., coo racy to law. The defendants 1 leaded first " not guilty by attar "" second, that certain rule, and regulations fur the dassifiestion of prisoners in the Queen's Bench Prison bad teen made by S.r O.Grey, as Secretary of State for the Home Deprentent, under the authority 22, for the guidance of Hudson, the other defendant, who was keep, re the prison. That the plaintiff being, in 1840, a in the Fleet prison, under an a t tac h ment o f the & bi er :f Chaaetry for eerie:ripe in not obeying an order to pay certain costs to one ()Afield, was removed to the Queen's Beach prison under the provisions of the act referred to. That Oldfield obtained from the Insolvent Court a vesting order, whereupon the plaintiff was required to file his sche dule within 14 days, and that as he had nut done so, the de &Mint Hudson, by order of Sir George Grey, as such Seer. tary of State, and in pursuance of the rules and regulations se made, gently laid hands upon the plaintiff, and removed his from one part of the prison to the other, as he was law fully authorised to do. The third plea alleged that on the 28th of March, 1848, the statute 11 & 12 Vie. c. 7, yet passed to amend the 6 & 8 Vie. c. 22, and completely indem nified :the Secretary of State, the keeper of the Queen's Bench►prison, and all others fur anything whatever heretofore done by them or by their orders, with reference to the classifi cation of prisoners therein confined, and that the trespases e complained of by the plaintiff, were committed in respect to the clarification of prisoners in that prison, in pursuance of the rules and regulations issued by the Secretary of State, under the provisions of the firsenamed statute. To this plea tee plaustiff replied that the trespare. complained of were not seta done in respect of the classification of the prisoners; and to the second plea he replied de injure', denying the justification alleged therein. • •--• Mr. A. Newton and Mr. Chinook, the plaintiff's coun sel, contended that his remora! from one pert of the prison to the other was an act of trespass and else imprisonment, for which both the defendants were liable, although, in fact, no actual assault had teen committed by either of them. The plaintiff having pursued the directions of the officers of the prison, rendered any force or violent means unnecessary. He was kept amongst the most objectionable persons in that confined and unwholesome pert of the rrisen, from the 24:h of December, 1847, moil the 7th of February following. He appeed for his release to every one of the superior courts and cOmyt to every judge, but all his &pi Beefiest, failed. The keeper of the prison was, however, well aware that Mr. Cobbett's detention in "Claw 1 " was wholly unjustifiable, although the several judge' to whom the applications had been made ruled that he was not entitled to be absolutely discharged. Oa that ground the plaintiff was removed to his former quarters, and on the Bth of Feber this action was commenced. Instead of pleading to the declaration in three days after it was filet!, as was the ordinary practice, the defendants obtained a month's time to plead, and in teat interval the act of parlia ment indemni•ying the secretary of state, the keeper of the Queen's Bench prison, and all others, fur sets done in respect of the clarification of the prisoners, wee pared at the in stance of the Attorney-General and Sr G Grey. The plain tiff felt aggrieved by that proceeding, and it was now sub mired that it was highly improper if the act received the eotialniet ion notated in the second plea. The learned counsel contended that the act did not apply to trespasses such as those which formed the subject of the action ; for they were not " ac's done in regard," but in total disregard, "of the classification of the prisoners." They, therefore, ap pealed to the jury for ample damages to compensate the plaintiff for the privations he had been subjected to. The chief turnkey of the Queen's Prison, gird two other wit nesaes were called to prove Mr. Cohbett's removal from one part of the prison to the other. It appear.l the plaintiff wee removed without • hand having been laid upon his per son, although he invited the Wirers to do so. A return of the defendant Hudaaa to one if the many writs of h ibe as corpus sat<d out by the plaintiff was also proved. It set forth the principal facts pleaded by the defendant.. The Attorney-General (with whom were Mr. M. D. Hill, Q C., and Mr. Webby) for the defendants submitted that a verdict ought to be returned for them, as no case whatever had be_ ea proved. As regarded Sir George Grey, the phall i! shield be non-suited, because the venue ought to have been laid in Surrey, and as regard, d both the defendant, these ought to be • 'weenie because the plaintiff being in eninody at the time of the comminion of the Cettrooper, and there having bean no assault i menmitted, the form of action should have hien "ere," if any, for an exceeds° abuse of authority. The learned gentleman then argued that the second plea had been literally proved by the return put in by the plaintiff, end that the third plea, which was also proved, furnished a empire answer to the action. He said he had been in lonned during his absence in another court that the learned sounsel for the plaintiff had thought proper to make certain assertions with respect to the act of indemnity referred to in the course of the trial, and the part taken by him (the At toeney•General) in the passing of that statute. He would merely remark that he 'liquid treat these observations with contempt and silence, as they called for no answer from him. He believed, ho , they owed their existence entirely to Mr. Cobbett's imagination. Mr. Newton was then heard in reply, whereupon The Lord Chief Baron summed up, and directed the jury to find fer the defendants upon all the issues. A bill of exceptiors was tendered by the plaintiff's coun sel, and of coulee accepted. The jury returned a verdict for both the defendants, in se-cadence with the direction of the learned judge. Itllolll v. WINPIII. 7 I4ILWAT . LIT!GATION. Thie was an action by Sir John Rennie and Mr. Reming ton, the eminent engineers, to recover from the defendant, Sir Wm. Wynne, as one of the managing committee of the Direct Ernst sad West Junction Railway Company, the sum of 3,6001. for profeesional services. It appeared the company was formed in 1843, Mr. Joseph Alexander Jones hl'Oregor, a solicitor, having been the registered promoter. Sir Win. Wynne was requested by Mr. M'Gregor to become a mem ber of the managing committee, to which he assent. d on being indemnified. Ile had never attended more than one meeting of the committee, subsequently to which the plain tiffs were employed. The paid up deposits amounted to 19,0001., of which 11,0001. or 12,0001. were transferred to the Derbyshire and Staffordshire Railway, with which the Rest and West Junction became amalgamated.—The jury, by direction of the learned judge, returned a verdict for the defendant, and a bill of exceptions was tendered to his lord ship's ruling. JUDGE'S CHAMBERS.—S•vvitime, Wore Kr. Justice Patens. ORDIR OF 'I/FILIATION ON COL. DIANE. Mr. Justice Amason granted • writ of certiorari to remove this ease into this Court of Queen's Bench. The application was made on Thursday last by Mr. Pad+ley on behalf of Col. Blass, whims he stated that the grounds for the application were that the mother of the child haring applied to Mr. Hardwick, the magistrate of the Westminster Police Court, tor an order of a ffi liation, which was retuned, the case could not be re-heard by another magistrate ; and also from the fact M the child having been bora abroad, it was out of the jurisdiction of the English law. CONSISTORT COURT.--S•rtran•v. Beim De. Lushlngton. CATON e. CATON.—ADULTNIT. This wu a suityronsoted by a Mr. Richard Redman Caton, against kin wife, Mrs. Anna Maria Caton, for divorce on the ground of adultery. The parties were married on 3rd June, 1831 Mr. Caton was then an assistant surgeon in the Grena dier Guards, from which he afterwsrds retired and went to live at Brighton. In 1841 Mrs. Caton formed en illicit ae tachment towards Lieutenant Broadly Harrison, of the 11th Hussars, and s letter addressed by her to Lieut. Harris= had been intercepted by her brothers, Messrs. Ridouls, but which letter did not reach Mr. Caton's hands, the brothers nf Mrs. Caton assuring her husband that the letter was an indiscreet see, but that there was nothing criminal in her conduct, upon which Mr. Caton became reconciled to his wife. They then went to several other places to reside, and in 1843 they were staying at a relation of Mr. Caton's at Paris, Madame St. Rose, and hers again Mrs. Caton was detected carrying on a criminal interims's*e with a Major St. Rue, the see of Madame St. Rose, by whom it was stated she became preg nant. It was at this period, 3d Dec. 1843, that Mr. Caton separated himself from her, in consequence of Mrs. Caton refusing to leave Madame St. Rose's house, to accompany him, with her children, on their return to England, and continuing her criminal intercourse with Major St. Rose, wham wife detected them leaving the chamber toge ther, on which occasion she taxed them with having been criminally guilty, which they admitted. It was further al leged that in October 1846, Mrs. Caton gave birth to a child, of which Major St. Rase was said to have been the father. The letter written by Mrs. Caton to Lieut. Bar. riven while residing at Brighton, in le4l, wan now put in as evidence that a criminal intercourse had been carried on be- Lee= them is 1841. It commenced "My dearest Broad ly," and styled him es her " darling," with many other strollss expressions of affection. The Queen's Advocate contended that he had produced suflcient evidence as to the criminality of Mrs. Caton, and that the court would not, therefore, refuse to pronounce for the divorce. Dr. R. Phillimore followed on the same side. He hoped the court would take into consideration that Mr. Caton was not aware of the contents of the letter addresszd by his wife to Lieut. Harrison until he had commenced there proceed legs, arising (rem her conduct with Major St. Rose, and that the brothers had assured him that there was nothing in that letter which could criminate ber, though it proved her to be highly indiscreet ; therefore the husband relied upon that aseurence, became reconciled to his wife, and did in no way connive at his wife's infidelity. Dr. Haggard said be had nothing to say on the part of the wife, but if the court wished him to proceed with the argu ment, he would ask its indulgence by adjourning a future day. The Court said this was note noval ease ; eases of a similar disci iption had been before the court, but it would adjourn it to a future day, as cannel wished the case to INSOLVENT DEBTORS' COURT.—SATITIDAY. IN MI GZIPTITIVIL—CPAI OII OP FPLIID MID Bu►CB OP Taus,. This ease, which was loud OaTnesday, was resumed and brought to a coneineion, after an investigation of five hears. Mr. W. B. Watson, the QOM'S Counsel (with who= was Kr. Nichols) was specially retained on the part of Samuel I Plait, EN, of Hyde Park-gardens ; Mr. Cooke represented some sudden, and Mr. &mud appeared for the insolveid. The &arcs made against the insolvent, who applied under the Protection stet, was that he had *entrusted a debt with Mr. Platt by fraud and by means of a breach of truer. It ap peered that the insolvent had managed the business of the well-known establishment of "Godfrey and Cooke, " the chemia's, for more than 30 years, principally iaConduiestreet, and latterly had a salary of MI. a year, and an allowance, which he considered ea a share of the profits. Mr. Platt, the sal-in-law of the late Mr. Cooke, was now the sole owner of the two eatablishments in Sauthanapton.atreet aid Con duitaireet On one side Mr. Plat was inserted as a creditor for 6021., and on the other side a setoff to about the same amount was mad* for a share of profits. The question was whether a partnership had existed, or whether the present sum owing by the insolvent arose from defalcations in his accounts. Mr. Platt was examined, end denied the exist ence of a partnership in any form whatever. He had made the insolvent a " previa% " for his exertion.. Mr. Platt made him an allowance beyond his salary. It was found that the in solvent owed Mr. Platt about 1,0001., and he gave a warrant of attorney, and assigned all his proputy, which had been realbed. It was afterwards dianovered that there were two sums of 621. and 251. which had not been known, and in April last the in.olvent was dischavged. His creditors had met, and he had peitioned under this act, in order to ascertain whether Mr. Platt was liable to them under a legs' partnership. The ireolvent stated that it war understood that he was to have a share in the profits after Mr. Platt bad taken an arbi trary sum. It was nit known that Mr. Platt was the owner of the bushiest He did not know whether ha was a legal partner, but he always understool that be was to have a share of the profits. Mr. Watson baying addressed the court for Mr. Platt, and Mr. Stirred having replied on the part of the insolvent, Mr. Commissioner Harris, who had, in the course of the case, ex pressed his opinion that there seas no pretence for a partner , ship, gave judgment. It appeared to him quite clear that the insolvent was not entitled to have that protection, and renewal of the interim order which the act of parliament prescribed. He, therefore, refused to name a day, or to re new his protection.—Adjourned sine die, without protection. INSOLVENT COURT.—YoIuc„ SkruaDiy, FEB. 24. ME. COMMISSIONER Bvaow•r CASE —CAN TEL COM MISSIONER OP AN INSOLVENT COURT RELEASE AN INSOL VENT COMMIASIONER PROM ISIES,IIIONMEXT ON THE GROUND OF ILL-HEALTH ? In the Insolvent Court at York on Saturday, Mr. Burge, at the time of his insolvency a commissiener in the Bank ruptcy court at Leeds, came no to ap;ily for an order for protection and consequent discharge from prism', on the ground of ill health. Two medical gentlemen, Pr. Goldie and Dr. Shaun, were examined, and they agreed in the opinion that confinement in prison, c m e led with the consequences of hope deferred had had a most injurious effect upon the insolvent's state of health, both in a =mita' and physical point of view, and that if such imprisonment were eoutinued, it would prove un f►vourable to the troloneation of his life. His Honour (the judge) said there was a most serious question as to the state of the law upon this subject. He leered there was no provision in the protection act or in the g 1 insolvency act for allowing en insolvent prisoner •o be discharged, on the ground of ill health alone. He feared that this was an omitted cue in the law, and that his power was limited to what wit pointed out in the 28th sec tion of 7 & 8 Vie., e. 96, which provides that the court shall be governed by all the circumstances of the insolvency, and the conduct of the petitioner as an insolvent, before and alter such insolvency. Mr. Burge, who, with occasional reference to counsel, has conducted his own case throuethout, submitted that the state of a prisoner's health did constitute a circumstance in respect of watch the court had the power to determine whether pro longed imprissnment, in such case, was contemplated by the set Hie Honour stated thst the act 1 & 2 Vic. (the general Insolvent Act) had no• been altered since the passing of the Protection Act, 7 & 8 Vie; and he could not admit the ar gument that the mere circumstance of the petition being made either under the one act or the other ought to maku any difference in the judgment of the court. The 78th sec tion of the one act, and the 24th 'talon of the other. alike provided that the commissioner, on its appesrinc to him that an insolvent had contracted debts with out reasonable or peels& le expectation of being able to pay them, shall order such insolvent to be discharged after the expiration of any period not exceed ing two years ; and his view of the case, which appeared to him to be the only one censist.nt with common sense, was, that as bath sections were alike, the court must, under either act, inflict the same puradmege. Mr. Burge submitted that if the eff et of imprisonment were such as to prejudice the health cf the insolvent so as to eherten his life or to increase the difficulty in the way of his resuming any occupation for the benefit of his family et others, it was rendering the punishment of imprisonment more severe than was contemplated by the law ; and that the evidence given of the effects likely to be produced on his health by the pro longation of his imprisonment afforded a sufficient reason for the court to grant him his protection and discharge. His Honour feared that the words of the section were so plain and precise that they would not justify him in constru ir.g them so as to have any reference whatever to the health of the insolvent. It was a strange state of law ; but he be lieved that, whereas the crown bed the power to release cri minal., on the ground of ill-health, it had no such power, as regards insolvent debtors. As far as be was aware such power had never beet attempted to be exercised, either by the commissioners or the Home•oftlee ; and it there were any such power in any quarter, it was all the more likely that in passing this act it wu not intended to place any such power in the commissioners. Mr. Burge, in answer to a queetioa from his Honour, as to the facts of the case, obg reed that he was not competent at present, either mentally or bodily, to go further into them, and he therefore warmed to their remaining as at present, at the ruse time imploring the commissioner to take his state of health into consideration in naming a day for his protection and discharge. His Honour gave judgment. It was with very great pain that he felt compell.ll to put a construction upon the words of the 28th section, which restrained his power with regard to granting protection and discharge to a person in Mr. Burge's situation. It was with the de: pest regret that he expressed the opinion that those words did not authorise him to put his signature to • warrant for his protection and dis charge on the ground of ill health. With regard to the facts which came nut on Mr. Barge's first examination, it was then represented by him In substance that hie Le eds opposing creditors at the time when they made their advances, were aware o f position of his affairs. His Honour felt it to be incredible that men of business as they were would, if they had been aware of the embarrassed state of his affairs, have advanced their own end their dents' money to the extent they did. He could nut believe that if they had been aware that forty or more actions at law had been brought against him within a abort period they would have made any such advances. It nettled cot the actual testimony of those gen tlemen to prove the intrinsic incredibility of insolveat's evidence in that respect. But if they had been so simple-minded —he might say se infatuated —as to make the advances they did with a full know ledge of the fasts, even then the question under the 24th section, according to the construction his Honour put upon it, would not have been whether there was • want of common sense on the pert of the lender, but whether there was • want of honesty on the part of the borrower. When a person was who died oat of his property, as far es the indi vidual who loot his property was co Bernd, and as far too as the public were concerned, the effects were more injurious than if the party had here robbed to the same extent ; for, in the one cue, sympathy might be induced to make the lose up to him, but, in the other, he must expect little com miseration—perhaps to be laughed at—and very frequently, in addition, sustain further for from the injury done to his character. Under all the circumstances of this case, he felt that he should not be doing his duty, if he did not defer the protection and consequent discharge of Mr. Berge, from the commencement, for 'wee,' the period of a year. He had heard, and he believed it, that up to the hour when he quitted the Bankruptcy Court at Leeds, he acted there with that entire and unflinching impartiality, which, thank Clod, seemed to be the character istic of a British judge ; but this, at the same time, was what made it all the more incomprehensible how a gentleman, who was judging the conduct of others so firmly and faithfully, could take such an erroneous view of his own, or fail to conceive how very reprehensible—how very uncharitable—how very monthlong in consequence that conduct must be. His Honour then intimated his intention to allow the insolvent to come up for his protection and dis charge in the month of April, and not before. At the same time, if he thought proper to take any further measures with a view to his earlier release, he should be happy to express his opinion on the subject of his state of health. UNIVERSITY AND CLERICAL. OXFORD. Fos. 24.—0 s the 19th bret., eleerione are to take pima for scholars to AU racoselas as the Hartford sod Deno Ireland's Tottodatloos. Thanz, Counan.—There will be an elretion of two fellows in this conies on Friday, the 13th of April, is bb a preterits% in one In atome. kw amine of the old disarms of Weal& P aaaaaaaaaaa —Rev. E F. A.8.1.8Y to Monmouth V.: dia. Les.; 1934. ; pat, Duke of Beaufort. NAVAL ADHIILALTT, FRS. 24,—APPOINTMENTS.--Lieutessate R. B. Risen; (Mditionel) to Hibernia ; J. 817011.141, to Sappho. PORTSMOUTH, FBA 23.—Ja0us, Limit Powell, is under orders to Love lecelwinh, he thisirert end Gibraltar, _me let M. The Admtralty have gives the omen and men employed in the Admiralty packet serene nodes that they are not to conskke tigerlike' molded to any pension or gradulty.—Apollo tr.-chip sailed on Fr:day for Gibraltar end Corfu.— Driver st.v. ragas in harbour, waiting ortkre.—happho, IS, will be reedy to go to Spit ball Go the let Morel—The comunander-in-cLief at this port re tuned from leave, and re-hoisted his fin on Frielay b .—Roftey, 92, Cart. Collier, bets arrived from Gibraltar, why she left cm the 12th inn Os Os day the Rodney left for Rog. load, ohs Priem Regan, 91, Captain Martin, ended for Malta. The Morphooter mailed fee Naples cn the 7th.—Rod- Rey will cane Into harbour and prepare for being paid off at this port, ceders to that enact having bees revived !inc.—Centaur, it., Cam. Perim, bused to the Coot of Africa, was molten by the Rodney on the 13th t he n the Bay of Biwa : it was in the night tine they net, e Rodney g the new signets reade muk y . the enemer. had nearly her down. nooh would hem been meet h e artul—R brought home obeety.otas invalids from the hospital at Malta and the two oguedrons. She has also out board all the °Myers and ship's cowpony sf Illutine, 12, Cam. John Palmer, which was wrecked at Palootrion; and the Olken sod crew of the Locoed Reamer, paid off id Malta. Four of the invalid; betides a sailor and a marine b long. lag to Rodney, died Co her voyage home. Rodney is ordered to one poet to be paid off, and is hourltexpeeted at Spithc-st Darortroar, Pin 24 —Rodney, 92, Capt. Collis, C. 8., will at either to or to-morrow for Portse,uth, to be paid off; and orders have been revived for paying off Vanguard, 60, at this part or her arrival from GPiraltar. The omo rs and crew, of the Ma. Heated Ism; who cane home presagers in the Rodney, ham been transferred to Impregnable, and the crew of Faktlele will ne taken to P,rtemouth In the Rodney, the antes and engineers with I the yowl. Yeariess returned from Portsmouth this Crane, 6, Lieut. Penns, hes dropped down to the Wang mooring.. sad will mil In a day or two for Folsom* to take the Dent moil to Rio. Her crew will he paid Wire sefling.—barregrodde, 164 (Am skip), has been take, from the doskyerd to her moorings, to make room tor Ben Josef Unless out you aos,y to the latter befog broken sp.—Heroine, 11. having made good demo , will be um/coked end masted on the 26th, end will !already Ix enniniedon the first week is Msroh.—Seespion, eurveyirg meek will le ohlooksit es the 27th, and Mans, 72, docked the saws day Ls repsirs.—Diligence, navy transport, 4et yesterday for Deptford with victualling sire n' —The crew of Idevat. se, are ordered to be this port,—The officers sod ems of Moans will be tried by mart-martial, for the keg of that motel, In slew days. The Admiralty hare ordered SO tin cylinders to be mane. Amored at Machete D cliyard, for distnbiltria &holm the sliders grease lteg ea their perilous Devise In the spring, for the purpose of mamba laillente to the Arnie espedition. The pattern cylinder has been meet et the metal ewe at Mr ham, soda bong submitted to the Admiralty their lordships approved of the ermines. MOTININTS AT GIBRALTAR, Fri. 16. St. Vino: nt Rem-Adm. Sir C. Napier), Powerful, Vanguard, Sidon, Stromboli, Polyphemus. Raymerd, Plumper, and Rifleman. Orestes salted on that day for Caps of Good Hope, and Harlequin kw Won. 01 sits tor arrived from Malta, The Stromboli was to nil on the 17th toe tinglard. MILITARY. PORTS mount, Fan. M.—Brevet. Coked Dennis Daly, la!ts betadimaajor lit Portamou• h, to, It is dated, to receive the maim of 1001. per annum, in addition to Ids half-pay, ter dieUrgindied service. The unnecessary billeting of soldkes la this garrison in the public. house s sad betrabops was yesterday morale( discontinuod by order of his bras the Contreander.ln-Chlef, and upwards of lOU Royal Igarise Artillery were again quartered in Port Cumberland. A COURT MARTIAL Is to be It, today at Deeoeporrl, OR the quartenanster et the grad neat., on charges salad Wanty his commending dicer. Tan COUILVMARTIAL AT CARLISLE, wh;ell his sat dally at the garrison for nearly a fortamht, under the pwluimeP of Limit ed. &erten, to investigate ciertain charges apale t Lieut. Crowther, of the Ord Regiment, bids fair to spin out to the length of Ihilf)'• trial la the Irish courts. The ca.-e for the prosecution Ii not yet MEDICAL, ROYAL COLUMN OF BUllOllOMl.—The following gentle men baring undergone the nommary examination" for the diploma, were admitted members of the allege on the 43rd instant : —Hens. IL alewife; Waro-nW Recta; J, PIA" Road-olde, Whlteetwel ; 8. J. A. Paean; °donna ; G. F. Rs; Ware, Herta; T. MATHER, Maziriarairr; J. W. W. JAMS% ; 0. Govi.omc Hazel-gm% Cheddre ; C. J. Balrerrra. Ilylor, Cornwall ; F. H. Oaor; Norwich ; aad 0. Born Bouthamptan.—At the same meeting of the mart Mr. B. Bowl= pined hie natnination for naval surgeon ; thla Entleman data had Aped 2$ been admitted a member of ilia college, cliplema , 1813. SPORTING. BETTING AT MANCUESTEIL—Faroar. LITIMPOOL 81411 NO MINTING AND STEEPLE CHASES —Arrivals: Napoleon, Itogarlor, Sir Rickard, and Mulligan. • great many horns are expected, as nearly 211 the stablesare let. Livagroot. SPYING CI.:P.-7 to 2 colt Reality (t), 6 to 1 apt Wisdom (1), S to 1 agst Mince Charlie (t), 6 to 1 apt Rodney. LiTzapooL STE2PLI Cimo.-7 to 1 swot Priam °forgo (t), I to 1 apt Thu Cunt. (t), 9 to 1 apt No;olcoa (t), 13 to 1 opt PPP obit* Oh 100 to 1 apt Knight of Gwynn (t), 16 to 1 apt Arab Rake. MITHOPOLITAN HANDICAr.-63 to 10 opt Low (t), NA to 19 apt Dotheboys (t). Nothing else basked. The others ran Toeala CNIS y. TILL Cur.—Only two bow. 300 to 16 y Joe o' lot, sad 506 to 13 apt Slather. Offers of 43 to 1 mist Lopr ; the rata balm. N PTONIIN IRE STARS/I.—Not a bat ; offers of 13 to 1 ash apt Dacia end Pyrrhus tte Mat. 14 03 1 each apt Halo sad Foolstoolgand 20 to 1 apt Watchdog. Deasa.—Nahing date upon this avant, sad the only champ la the potations 25 to 1 apt Vriel. laip lintelltgence. EQUITY COURVI—SATURDAY. Beim the bard Chaecellor. BILLIDNOIN O. TUN LONDON AND NORTII•WUTEIN RAILWAY COMPANT.—DaTunoxe num ,LIITZLIS.—IN. rumanox Maw Lyn,. . • This motiou to discharge ea injunction granted by the Vies. Chancellor of Kneeled was argued lest week. The Lord Chancellor now riving his judgment, said the injunction awarded by the Fico-Cheneellor remained the defendants from continuing an embankment which they were making, and by which the levels at Hili.street and Naviga tion-street, in 'Birmingham. were raised, to the damage of the plaintiffs premises, The injunction was in terms to restrain the company from doing any works, except sword ins to the plans exhibited by them to the houses of parlia ment preparatory to the obtaining their wit: and in looking through the plaintiff's bill, hie lordship found that the equity that was raised by It was according to the terms of the injunction. The plans referred to represented the two streets before named, and the then contemplated works and Ghost:one ; and the bill pat the ease upon the grounds that the company was not to depart from the plants . But that wee the very thing that was decided in the two cam which were so often referred to as decidel In the House of Le*, Heriot'a Hospital (2 Dow) and Todd c. The North British Railway Com pany " (12 Clark and F.), which last was exactly the same as die present ease, and there the plans were disregarded further thea so far as they appeared to be referred to, or in. cerperated with the act of pwliament. That was the very question which the House or Lords had to decide in that ease of Harlot% Hospital, the leading case. But if the plans were found to be incorporated in the set, then there would he no right to depart from thew The plow were referred to to show not the sedan', but the datum line. The principle of tech ea es had been t ried to several others. His lordship then referred to the ass in this caw, and said that its the course of the works s company had, on the requisition of the town commissioners of Birmingham, to raise a bridge over Navigation-street, of a certain elevation. The gum tire was, whether the particular act, the Ofere pia 'a act, and the general set, relating to railways, st the elevations of the aides of the two streets. h a e reed several sections, particularly the 16th, of the special act, mad mid it was a clear and distinct parliamentary enact ' most le deal with the whole matter, the more effectually to awry en the works; so that, with this enactment, it was ins perdMe let the court to prevent them. The company was raising the levels of both streets, the enactment &Who- Med to do so, and there could not bee clearer paella- mammy authority than the words of the 16th section. Then were there any other enactments to prevent these deviations ? The 14th mcdon said it shall be lawful for the company to make deviations. On reference to the general act he could not find anything in it to clash with those enactments of the special act. Upon the whole, his lordship could not see any grounds for the injuncion ; and he was of opition that the order made by the Vice-Chenceffor should be discharged. IN an DICI 80111512, • Lynam. Mr. Bolt opened a new petition, presented on behalf of Mr. Dyes Senators, which prayed that the commission of =might be superseded, lbut, if the Lord Chancellor not think fit to do so, then that the petition might be allowed to stand over, and that Mr. Dye* Sombre might be at liberty to reside in London or elsewhere in England, free from all interference of the committees, and that the sonmittess might be discharged, or their powers superseded ; or, if necessary, that new committees might be ap pointed; and, farther, that he (Mr. Sombre) might be at liberty to Mewl in person, sad by his agents and counsel, on all inquiries respecting his property, and on the taking of the emanate cenceraino its management and application by the present committees, he. The p.tition, it was stated, was permeated upon ' Cabe* Mayo, o , gi l ven by Dn. Paris, Morrison, e anon. Mr. Bolt proondied to give of the proesediogs Whoa by and main* the tattle sines his marriage, and sommenhed en them as he ded. He had not concluded W at four cede*, when the fratioe hawing was adjourned to aissiday. Bebe the Naga et the ROL ArtantlY•GismißAL e. TIM COILPOZATION or LONDOX. --Owsmau or raz Bra, Sou, moo Sao's. or rigs Tam._ _ Mr. &then was heard fa reply la this ease on behalf of the iehodeats, spa eseepticse to the mutes report, glad- ASSIZE INTELLIGENCE. NORTHERN CIRCUIT.—NEwcasna, F2B. 23. Before Mr. loelko Coleridge. -- THE NIWCLIITLE Lasso.—James Clegg, 19, and Agnes Thompson, 20, pleaded not guilty to assaulting and robbing Thomas Watson, on the Quarride, on the 27th November last. Thompson was sentenced to 10 years' transportation, and Clegg, on two former convictions having been proved against him, was sentenced to 16 years' transportation. This is one of the many cases which have origioa•ed in Newcratle and neighbourhood, when robbery Is committed by means of a " hang," or loop, like the lasso used in South America to capture wild animals, being thrown over the victim, so as to render him powerless. The following case is of the same character. Christopher Rutherford pleaded not guilty to having assaulted Charles Anderson, and stolen from him 4 sove reigns. 9 halkrowns, and 20 shillings. Mr. James and Mr. Heath appeared for the prosecution. The prosecutor sou aster of a small westing vessel, and ash. was proceed ing along the fiandhill on the 128th of August last, he fell in with the prisoner. They went to Allan's public house, where they had a good dal of drink. Pour men were in the same room. Prosecutor then went to the bar and got some paper, in which he wrapped his money. He then left, and was accompanied homewards by the prisoner. In proceed ing through the Dean arm in arm, a man came in behind end put some th ing round his neck, white two came in before him. He became insensible with the attack, and when he came to his menses he found himself alone end all his money taken from him. The prisoner wee apprehended • short time afterwards. lir:l3ertnour. defraud the prisoner, and contended the charge °mild have no weight with them, as the evidence throughout was entirely circumstantial ; that his client could not have been plotting a robbery, from the fact that he was asked twice by the prosecutor to accompany hiss, and that prosecutor at the time Ins so dna that he could not de scribe the parties who att ack ed him.—Owilty. To be trans ported 10 years. c_ • 4: .1-:% .- 1 .,. if. -4,- : i ' ,i -4:. - ..,..,, , vb •%:....4.: - h