The Express. — London, England, 1866-11-23 00:00:00

I if Gi 11 -, . , 1 . 1 . 4 1 1 i ii +i i , , 'l i 1 1 1 ili i di! , 1 i i LW 7.31 Cash loans .... •• • „ lAtto country lisulks D:tto D „ Ditto advances „ Ditto G. L. „ Ditto Rebate on bills „ Ditto B. P. „ Ditto P. L. „ Ditto S. D. \ [I/I , 1 i . EQUITY COURTS.—Nov. 22. Wore Vies-Chaneellor Sir B. T. Kinder'sley). OVNIZIND, OUIUT, AND CO. (LLNITID). Tie Attorney-General (Sir J. Raft) said the following allidnyits had been filed on the part of the official dam: affidavit of Oswald Howell, of 30, King-street, Cliespaide, in the City of London, one of the firm of Waiker, Redden, Nis, and Howell, public accountants, as follows The above waned °reread, Gurney, sad Co. (Limited! le a company incor porated sad registered under the companies Act, lent under and by virtue of a certain memorandum and artistes of sseacia tion of the 12th day of July, 1265, a printed copy of which memo 'anima and articles of association, issued by the said company pursuant to the provisions of the said act, is now produced and shown to me at the time of swearing this my affidavit, and is marked with the letter " A." 2. Immediately upon the incorporation of the said company a printed prospectus was, 1 believe, issued by the directors of the said company to the public, and the document now produced and shown to me at the time of swearing this my affidavit, and marked with the letter " B," is one of the printed copies of the prospectus so homed, and it la therein stated as follows : The company Is formed for the pummel of carrying into effect sa arrangement which has been made for the purchsse from Mawr% Overend, Gurney, and Co. of their long-established busi ness as bill brokers and money dealers, and of the premises in which the business is conducted, the conslderstion for the good will being 2.7.00,000, one half being paid in cash and the remainder is shares of the cunpany, with 015 per share credited thereon, WOOS which, in the opinion of the directors, cannot fail to I aware a highly remunerative return to the shareholders." 1. Henry &Miami Gurney. John Henry Gurney, and Robert Ilistbeck, three of the directors of the said company. were part ners is the tinn of °regrind. Gurney, and Co. at the time of the header of the business of the said firm to the said company, and as such would be intimately acquainted with the state of the affairs of the said firm at the time of such transfer, and the meld Henry Edmund Gurney land Robert Birkbeck became the alragdirectors of the said company. g said c outpany vontmerced business on the Ist day of hugest, 196.5 ,and mnspen.l.Nl panic it on the 10th day of May, 1002, without ever having paid any dividend to the shareholders, hat the whole of the leo,Ouo shares in the said company were duly taken up, and calls to the amount of £l5 per share paid ibersas, making a total paiti-np capital of £1,500,000, in addition to the property and se of the old firm handed over. 6. No list of creditors of the said company has as yet been made out by the liquidators, although they have been repeatedly applied to for the same, they stating that they are unable at ttodo so Iselin a report issued by the said liquidators to Crhareholders and crediton on the 15th day of August last the claims of the creditors upon which a dividend would have been paid were estimated to amount to R.5.t28,000, while the ands of the company amount to a considerably less stun, and a call of flu a share. which on the 100,000 shares in the said company would amount to £1,000,000, has now been made by She liquidators to enable them to pay a first dividend of is. In She pound. n. Under the circumstances aforesaid, andbelleving that at the time of the transfer of the business of the said firm of liverend, 0111107, and Co to the said company the said firm m ust have been insolvent t o a very large amount , a nd the poymt of , the sum of .C.600,0eu for the goodwill of the saki badness was a fraud upon the shareholders, the statement in the said pros pectus that such tenni of purchase could not In the opinion of the directors fall to produce a highly remunerative result being false, a large body of the shareholders have employed me ,such sharein Mem at present amounting to 652 in number, andbeing the renstered holders of 20,073 shares to the said company ' to invostazate the state of the affairs of the said firm at the time of such transfer of business, and under an order of this honourable court I have had an inspection et the books of the said firm for that purpose. As the result of the examination of the said hooks, I have ascer tained that the statement of sets and liabilities of the said firm epos which the said business as was transferred was as follows : OPERAND, (RUNE; AND CWIPANY (LINITZD) 1265. 7.31 Cash securities ____ £8,107,001 $ 4 • Ditto advances „ Ditto country banks 5,058 18 11 Ditto O. L. „ Ditto bills Ditto 130,394 7 11 „ Ditto suspense and guarantee „ Ditto D. 3 1,909 19 2 3,848 17 9 „ Ditto 8. D. £15,51,041 17 10 1865. 29,006,422 0 7 1,91 , 9,4 5 8 9 2 25,626 4 1 64,075 16 0 435.380 5 9 72,610 6 4 38,772 S 6 1,053,715 1 9 2,67'5,5,910 £15,a11.641 17 10 S. The foregoing statement of account Is a copy taken from the general ledger of the said arm of thermal, Gurney,,andiCo., to which the same appears as the general statement of account made np, showing the state of the said firm on the Slst day of July, 1ad...". the dry to which the add books were made up pre vious to the transfer of the said business, but nothing is included therein in respect of the liabilities of the sold firm on bills re di...suited, bills payable, credits granted. and guarantees, upon which the said flan was at the time of the said tranofer liable, as have ascertained, to the extent of £8,508,6n0 Ba. 3d., many of the said liabilities being on account of parties who had at that time and upon which, therefore, it must have been well known that an ultimate lees would arise and in respect of the said lia bilities the said company has been called upon to pay a large amount, for which no provision was made in the said account,but owing to the extreme ilifitcnity, by reason of the complication of the books and accounts of the said firm, of tracing all the bill; and transactions, I have been unable to ascertain the exact sum the said company has thus been called upon to pay, and without the opportunity of exaudning on oath the partners in the said trot and other parties acquainted with the account*, to obtain explanations in regard thereto, I verily believe that it will be im pressible to arrive at a correct result. ii The item of R.A.tla,496lsia. W. included in the account before set out, and put down as ail meet of the Valli firm to that amount, represents a number of amounts, several of them tor very large amounts, standing hi thy books of the said arm under the musses of various partici, with Lamm:ate the debit of such accounts, apparently as debts due from the said various parties to the said Inn. Among the said amounts are the following, which are the moat material Atlantic Royal Mail itteam Packet Ria0,345 19 0 ompan) Stillwell Iron Works and C. J. Mare in Liquidators illwall Graving Dock Sai-t lndiisand London Shipping Company Thomas Howard Give': and Oriental Steam Company Dm id Leopold Lewis ... Tritton, and Co. J. E. C. Koch Lawrence and Fry T. and O. Garraway Mental and Co A. T Clarke Charles Joyce and Co John Jones glebe! Alexander L. B.iigewits Halliday, Fox, and Co. 7.. C. Peamon Carlisle. Parr, and Co. Wilson, Bowles, and Co, T. L. lieglie A. T. Gordon Williams and Jay Carr and Co. 422,50512 5 b 7,027 18 9 397,053 3 10 331,765 9 3 144,144 3 11 341,559 13 4 2:9,391 4 2 :43,09) 17 1 24.1,543 14 6 190,977 4 4 b 3,093 15 8 41,713 6 4 7b,7171 10 0 22,353 4 2 53,1;37 9 1 44,:512 19 3 34,0 . 31 5 9 35,692 4 5 al.v4 7 9 18,097 13 10 17,292 14 8 27.0:N 13 6 as,la) 8 7 22,150 14 0 £3,001.182 7 7 the remainder being for smaller amounts. The whole of the mid accounts are in the books of the said arm and in their account with the said company treated as good depots owing to the saki tires from the sail various parties, and consequeutly as assets of the said firm to that amount, whereas most of them, if debts at all, were dells due from parties notoriously insolvent at the time the said business was transferred, and which ought, therefore, to have been treated as bail, or as only good to the ex tent of We dividends likely to he received ; others, Instead of being good debts, were accounts untie which the said firm was under liability upon guarantees or otherwise to a larger amount, so that instead of anything being received therefrom the amount of hiss would be increased : and others, instead of being debts owing to the said firm, merely represented monies lost by the said firm, or the particular accounts. 10. 1 have ascertulued that on the !7th day of July. 1805. con temporaueowdy with the deed of mivenant, as to the transfer of the odd business, v hick deed is refereed to in the prospectus, and stated to be open to the inspection of shareholders, another deed, called "deed of arrangement on the Midi of ciontenipo =aeons indentures," wasexecuted, of which no mention west:M.lo in the mid prospectus, and which is lu no way referred to in the said deed of covenant. This second deed specially relates to the accounts forming the hebirednentioned Item of !4,213,898 10+. 4d. Copies of the said two deeds, which I believe were sent from the office of the solicitors of the liquidators, are shown tam e at the time of swearing this my affidavit, and marked the letters C and D. 11. 1 say that the accounts referred to In the schedule to the said deed of arrangement are the whole or greater portion of the • accounts forming the mid item of A 3.213.8110 its. td. in the statement set out in the 7th paragraph of this my affidavit, and la the making up the latter sum all the said accounts are esti mated at !tet in the found, although in the said schedule they use treated as in most instances the liabilities of insolvent Masi. 12. From the nature of the said accounts it will be impossible to arrive at the real portion thereof except from en examination of the partners In the sahl firm, or other parties connected there with. The suspense suit guarantee account, to which the said sum £4,213,890 141. 4,1 was carried on the let day of August, 1863, ho accordance with the terms of the said deed of arrangement, was thereupon credited in reduction of the said sum of Z 4,213,896 des. 4d., with the sum of £1,033,711 Is. Pd. balance standing to the credit of the partners in the said Arm on the Mat day of Jnly, 1 'WS. and also with the sum of £250.000, the each payment towards the purchase of the goodwill of the said business, and subsequently with a further sum of £173,000 cash. realised by the partners in the old firm on the sale of shares In the said company eta premium, which would reduce the said sum MA4,2l3,sta, lea 4.1 to ti2,e::.7,181 14s. 7d.: but upon the working of the said account storing the time the said company carried ou baldness, and after giving credit for all dividends or monies received 011 any of the accounts, the balance on the 10th day of May last amounted to the sum of £2.970,168 7a. 10d., being an Increase of 4:132,n34 las 3d. upon the amount of the said suspense and guarantee account since the transfer of the said Mishima Further suing to the amount of several hundred thousand pounds have yet to be carried to the add account In respect of liabilities of the old firm on the accounts included in the said sum of 0.4,2138116 Ifs. 4d. 13. Of the accounts enumerated Lithe 9th paragraph of this my affidavit, the followbm were those of partieswho to my knowledge bad failed previous to the transfer of the said bushiest', and whose estates were then being or bad been wound up, either in baakruptcy or ander arrangement: The Atlantic Royal Mail Steam Packet Company 8839,344 19 llillwall Iron Works Company, and C J. Mare 422,565 12 5 last India and London Stopping Com pany 397,633 3 10 Thomas Howard 331,706 9 3 Oreek and Oriental Steam Nal - Motion Corn David =old Lewis 341,659 13 4 Keison, Trines, and Oo 291,391 4 J. E. C. Koch 263,009 17 1 Laurence and Fry 1. and tl. °areaway 190,977 4 4 Chas. Joyce and Co 10,128 10 Halliday, Fox, and Co 14,618 6 9 I. C. Pearson are similarly tirose of parties who had failed. 14. Of the accosted so enumerated in the said 9th paragraph of this my afiklant, the followingaccounts, instead of being reduced by the dividends or moneys received or realised thereon, have, after giving credit for any such dividends or moneys, been, be tween the transfer of the said business and the stoppage of Lbe said company, hod - eased by further liabilities, that the said old BIM was then under in respect thereof as follows : Atlantic Royal Mali Steam Packet Cons mrizito Iron Works Company, and C J. Mare East India and London Bhipning Com -573,852 1 9 J. E. Koch 385,412 12 1 T. and G. Osneway 182,258 13 4 Halliday, Pox, and Co. IE. As the result of my investigation and inquiry into the books of the said firm, I say that if the debts finclubeingded In the said sum o 44,21898 4d. had, instead and treated as good to 3, the les. amount of 20s. In the of pound, taken been esti mated at their fair value at the time of the transfer of the said business, according to the amount that m i g ht reasonably have been expected to be produced therefrom, and a proper allowance made for the liabilities the firm was under upon the bills redis counted, bills payable, credits granted , and guarantees amount ing to the before-mentioned sum of 48,808,099 is. 351., the said firm would have been found insolvent to the amount of at least 48,000.000. 18. I further say that from my examination of the books and affairs of the firm I verily believe that for at least three years previous to the formation of the said company, the said firm of Overend, Gurney, and Co. made no profits whatever, but that they made a large annual loss. 17. I make the statements herein contained from my know ledge acquired by me lu the course of my investigation of the books, accounts, and again of the said Arm and company. Affirmation of John Henry Gurney, of 20, HIMOTOT terrace, Regent's-park in the county of Middlesex, Esq., a partner in the Arm of Os ereud, Gurney, and Company, of Lombard-street, in the City of Loodon, bill broken, made the 9th day of Novem ber, Deg, states : 1. Ilrat about the year 1847, upon the death of my father, I succeeded to his share in the business purled on in London ashler the firm of Overend, Gurney, and Co., and that I at that same time succeeded to my father's share in the banking business carried on under the firm of Gurneys and Birkbeck at Norwich and elsewhere ; and I continued tube a partnet in the Arm of Overend, Gurney, and Co., up to the time of the transfer of their business to Overend, Gurney, and Co. (limited}. That the business carried on by Overend, Gurney, and Co., was established about the close of the last century, and became of an exceedingly extensive and profitable nature ; and that for the five years ending on the Slut of December, 1880, after allowiug Interest upon capitaland upon the balances to the credit of the partners, the profits divided amongst the several partners aver aged upwards of £190,000 per enema, but that sub. equent to that period the actual net profits have not been ascertained or appropriated, but were reserved to meet the tutees consequent upon the exceptional innate-lons hereinafter referred to. 3. That the business of °reread, Gurney, and Co. was for many years carried on under the immediate superintendence of the late Samuel Gurney, Esq., and David Barclay Chapman, Esq., but the said Samuel Gurney departed this life In or about the month of May, 1858 ; and the said David Barclay Chapelle,. re tired from the said business at or about the dote of the year 1,17. 4. That from that period Mr. Henry Edmund Gurney and Mr. David Wnnl Chapman took the active part in the conduct of the said business, and were subsequently assisted therein by lir. Robert Birkbeck ; but until nix at the year 1863 I res'sled princi pally In the county of Norfolk, and assisted in the management of the banking business carried on by my partners and myself at Norwich and elsewhere In that county. 5. That after the death of the said Samuel Gurney and the re tirement of the said David Barclay Chapman , the partners ma naging the said business made very considerable advances of an exceptional character to various parties and companies upon securities of a speculative and uncertain nature, but that the extent of such speculative advances did nut become known to me till the early part of the year 1481 , and as from their nature I was apprehen sive that they would entail a considerable loss to the house, It was on that account arranged between my partners and russ.elf that no further division of profits should be made until such accounts were liquidated, and I say , that on the close examination which was undertaken prior to the transfer of the business to Overend, Genie v, and Co. (Limited!, it was found that the doubtful advances then amounted to upwards of four millions sterling. 4. that tu suissequenee of the rock up of the assets of the house, arising from these advances, and the losses consequent thereon. It was considered, after mature deliberation, that It would be desirable that the business should be strengthened by fresh capital, which should provide for an adequate portion of the amount so lucked up, and in the result it was determined that the mode of accomplbihing that object sf ould be by the formation of a Joint Stock Company Limited), which might take over the whole assets and liabilities of the arm, and with a view to carry out this purpose various co imitations took place between myself and partners and eater persons, which resulted In the tonneau - 1 of the Lotupany of ~end, Gurney, and Co. Lienited). 7. That on the Investigation of the state of affairs of Ovcrend, Gurney, and Co., prior to the formation of the limited company, It appeared from their hooks that there were then outstanding nuious debit balances which were considered to be of a doubtful nature to the amount of £4,189,000, or thereabouts: but upon a careful examination of the securities held in respect of them, and the probable winding up of such of them as were not secured, It was estimated that of the total amount of £4,10e,000 the sum of £1,014,000 would be realized, leaving therefore the sum of £3,177.000 still to be s. That In reference to the amounts appearing to he due to the Arm of Overend, Gurney, and co..which are particularly referred to in paragraph 13 of the affidavit of Oswald Ho well, sworn the tad day ut November, kaki, the Schedule set out in this para graph shows the estimated value put upon the following &existents In making the estimate referred to In paragraph 7 of this affidavit: 608,507 19 3 BCHEDITLi Atlantic Royal Mail Steam Company Stillwell Iron Works Company C. J. Mare and Co East Nina and Londuu Shipping Company Thomas Howard' nil Greek and Oriental Steam Navigation Company 7,000 D. L Lewis Belson, Trittha, and Company Railway accounts actually belonging tothe firm, but under care of Mr. J. E. C. Koch 64,000 Lawrence and Fry F. and C. GarrilWily C. Joyce and Co 02,000 Halliday, Fox, and CO 3.1100 Z. C. Pearson and Co. 0. That at this period it was estimated that the balances to the credit of the partners hen made up in the private ledger would runount to 2940,000, and which balance.' bait been calculated as liabilities of the firm, but deduction the amount thereof from the balance of £3.117,000 so left unprovided for, there retualred the won of £ 2,177,000 still outstanding, and to be provided for. 10. That upon a careful examination and estimate of the private estates of the several partners composin t he e )th firm of Overend. Gurney, and Co., and of their interest in anking boogies' carried on in Norfolk and elsewhere, it was estimated that such several private estates would produce the further ag gregat.: sum of a:2,329,000. and after taking credit for the £6oo, , ext to be received for goodwill, and for 1t5,000 as the cdimated value of the premises in Lombant-street. there would have re maimai a surplus of £6.88,000 in favour of the individual partners after providing fur every liability of the firm of Overend, Gurney. and Co. 11. That all snch estimates were made bona fide. and with the aid o' all such information as we then d as to the value of such several assets, whether helont es tates to the firm of Over -130.1, Gnruey, and Co., or to the private estates of the partners, and I then believes', and still du believe, that such estimates were fairly and honestly made, 12. That the firm of Overeat Gurney, and Co. bad given their tevs for other pairties in respect to various transactions : rt ' irtrt the time of the transf of the business to the limited company, it was bettered by my partners and myself that the secitriti,i he'd in respect of the transactions for which there guarantees were given would, when realised, prove sufficient to cover the advances. and that no claim in respect thereof would arise upon the firm of Overend. Gurney, and Co. 13. That the prospectus issued to the public was prepared bona fide, and was intended to give, and to the best of my belief does give, the honot opinion of the directors ris to the probable re-alts to be obtained by taking over the nosiness of Overend, Gurney, and Co., and I then believed, and do still believe, that the guarantee given by the firm of Overend, Gurney, and Co., and of the several partners in that firm, was an amplegnarantee against any lose which at that time appeared likely to arise in realising the assets and liabilities transferred by °reread, Gurney. and Co. to Overend, Gurney, and Co. ' Limited). 14. That for the purpose of carrying into effect the arrange ment be.ween Overeat, Gurney, and co. and Overend. Gurney, and Co. 1.. - nattesi , two deeds, dated respectively 27th July, 11116. were in the first instance executed, one of those deeds being the deed now produced and shoAll to me. marked A. being the deed of mutual covenants referred to in the prospectus, by which the several partners constituting the firms ' ()reread, Gurney. sal Co. agreed to transfer to Overeat, Gurney, aid Co. Limited all the business theretofore carried on by G;erend, Gurney. and Co , as from the Ist day of August then next in consideration of £50',000 to be paid by the company fo • the goodwill. By the ~,her of such deeds now produced to me nod shown to me, and marked with the letter B. and also dated 27th July, 186.1, and made between the same parties, arr otgenteuts were made for the liquidation of certain aeconnt - intended to represent the aforesaid amount of 1 4.180,000, so as thereby to ascertain w hat luaount the private emates of the seversl parties would ultimately have to make good. And I say that by such deed of arrangement no portion of the £500,000 agreed to he paid for goodwill, or of the amount to be paid for the premises in Lombaritstreet. could be actually received by the said firm of Overeat. Gurney. and Co., or any of the partners thereof, unless and until the Liniited Coninany had been fully co:ered for all liabilities undertaken by that company on account of Overend, Gurney, and Co., and that, in fact, the whole of that sum of 1600.000 had been placed to the credit of Overeat, Gurney, and Co. in the Suspense Account, and one moiety thereof was de bited in that account as the payment of £l5 per share on the shares allotted to the members of the old firm, and in the same accounts they are debited with the whole of the accounts con stituting the aforesaid sum of 44,199,000, and they are credited wills the proceeds of such of the shares no allotted to them as were subsequently sold ; and, further, that immediately after the transfer of the business of Overend, Gurney, and Co., to Overend, Gurney. and Co. ited , arrangements were made for the realisation of a sufacient portion of the private estates of all the partners with a view to the application of the proceeds to the liquidation of the liabilities of Overend, Gurney, and Co., in liquidation. 15. That, in order to give fuller effect to the covenants of the partners then constituting tile firm of Overend, Gurney, and Co. another Indenture was executed, bearing date the ftid day of August, 111415, being the deed marked C, now produced and shown to me, by which the claim of the Limited Co upaay for any balance appearing to the debit of Overend, Gurney, and Co., in their said Suspense Account, was made immediately recover able against all or either of the several winces uonstituting the firm of Overeat, Gurney, and Co., who should depart this We, or be found lunatic, or he adjudicated bankrupt, or do or permit any act whereby their or his property and effects would other wise become distributable among their or his creditors, instead or the sa me heing deferred until the Slot December. 1868, as pro vided by th e a...wind deed of 27th July, 186 S, hereinbefons re ferred to. There could be no doubt that the firm was grossly insol vent at the time of the transfer, and this must have been known to the directors of the new company at the time that their prospectus was sent out. Power was given to shareholders to inspect the articles of association and the first deed, but the second deed was kept carefully in the background. The learned counsel proceeded to quote a number of cases to show that where persons were induced by misrepresentation to take shams in a company the transaction was fraudulen t and the contract void, and contended that in this case he had shown misrepresentation as regarded one item, and could probably have pointed out further errors if he had bad sufficient time for investi gation. The company commenced business on the lot of August, 1865, and suspended payment in Ma y , 1866, and 100 to the magnitude of the concern, and the labour of investigating every item in the sum of 15,000,0001., it was .. £160,000 ... ull 'RAL THE EXPRESS; FRIDAY EVENING, had not had the opportuur CENTRAL -_—, _ and I verily believe, from In mitigation of the books, that ell obvious that the shareholders . partaenhi . • my • i Lilo trruittputs. 1 the other accounts fornong the mutt sum of 5i,z13,51e, Wald Of properly examining the affairs of the . are similarly those of parties who had failed. had he thought made out a prima facie case for furgier Vidor .4 t whit . _ . ____.• -. .• t !~ ~, NOVEMBER 23, 1806. L COURT. ham tnought msu'-.,_ . vestigation, and he now asked that an opport unit y mi g ht be aerator the examination and cross-examination of the members of the old firm, and • special examiner appointed. Mr. Peck, the other applicant, was on the register as the holder of two thousand shares, and the 101. all therefore would amount in his case to 20,0001., but against this he bad at the bank at the time of the stoppage 26,000/. on deposit. There was this difference between this and the former case, that instead of having the shares allotted to him, Mr. Peck purchased them of other holde rs in the market, but this he contended made no difference in his right to have the contract set aside on account of the misrepresentation of the affairs of the company by the directors. Mr. Oakes had paid the call under pro test, but Mr. Peck bad not paid, and therefore, in addition to the application made in the former case, he should have, on behalf of Mr. Peck, to ask that pending the in vestigation all proceedings in respect of the call should be stayed. Mr. Mellish, who appeared for the official liquidator, objected to further delay, and stated that the directors were then present and ready to be cross-examined. The Attorney-General said it would be necessary to have all the books of the company before he could take the examination. The Vice-Chancellor said it would be a very serious occupation of the time of the court to enter into such an examination there, and, as he understood, steps had been taken to proceed with the examination in the regular . way. Mr. Mellish, in the absence of Sir R. Palmer, pomted out the very great inconvenience which arose from these delays, and mentioned that there were nearly 150 persons whose calls were sus p e nded until these cases had been de cided. When thequestion came tobe argued upon its merits, he should be prepared to contend that, accord in g to the act of 1862, the fact of • person having been induced by fraud to become a shareholder in a company did not in any way relieve him from liability as a contributory. What par liament intended was that these companies should be so far in the same position as • private partnership ; and though the pt.vate contract might be rescinded on the ground of fraud, fraudulent misr epresentation would not relieve a partner from liability in respect of the debts cortracted while the partnership was in existence. If the proposed examinations were gone into, there was no knowing when the question would be decided. Mr. Roxburgh, on the same side, submitted that the present question ought to have been raised, if at all, on the 18th of July, when the names were settled on the list. These motions involved every class of contributo ries, so that if they succeeded there would be no contri butories left but the original directors. About 500,00 W. bad been paid into the hands of the liquidator by share holders who did not associate themselves with this move ment, and this ought not to be locked up from the creditors a moment longer than was necessary. It should also be borne in mind that the longer • call was delayed the less it realised. Mr. Cole and Mr. Loeock Webb opposed the application on behalf of Mr..Oppenheim and other creditors. Mr. Bally having replied. The Vice-Chancellor said no doubt Mr. Oakes must have the opportunity, in some form or other, of cross-examining those persons who had made affidavits in support of the official liquidator's case ; but if Mr. Oakes had not paid the call, it would have been necessary to impose some terms upon him, so that the postponement of the decision of the question might not unnecessarily delay the payment or imperil the call an other cases. The court would act in the matter upon the same footing as when it granted an injunction to restrain an action at law, in which case, if a sufficient prima facie ground were made out, the court granted the application, but required that the liable should bring the money into court. Mr. Ws had actually paid his call, and therefore the post ponement of the decision in his case co uld not im peril the probable receipt by thecial liquidator. There had been no unn delayy in bringing the matter into court, and as far as 3tr. Oakes was concerned the motion must stand over unconditionally. Mr. Peek had not paid his call, and the ordinary course would be to require him to pay the amount into court. But Mr. Peek was • creditor of the company for a larger sum than the amount of his call, and though the 26,0001. could not be taken as a set-off against the official liquidator's claim of 20,000/., it might be taken as a ff ording reason able security for 10,0001. This motion, therefore, might stand over on the terms that Mr. Peek should bring into court 10,00 W., and agree that the 26,0001. and the dividends upon it should stand as security for the payment of his calls. A conversation took place between the parties, as the result of which it was announced that there would be no difficulty in the appointment of a special examiner. The motions were ordered to stand over formally to the first day of the sittings after term. COURT OF EXCHEQUER.—Nov. 22 Sittings in Banco.—(Before the Lord Chief Baron, and Barons Channell and Pigott.) THOMPSON t,. THC NORTH BRITISH RAILWAY COMPANY. This case raised an important question with respect to Mr. servi of writs. Mr. Gs ce llwey, on behalf of the secretary of the North British Railway Company, moved to set aside the service of a writ, issued out of this court under the following cir cumstances. The action was brought by the plaintiff against the North British Railway Company to recover a large sum of money for the construction of a mineral station at Hayrick, in Roxburghshire. It appeared from the affidavit of the secretary of the company that the writ was served upon him out of the jurisdiction of the court, namely, in Edinburgh, where be exclusively resided. The plaintiff based his right to bring the action in England on the fact that the defendants had a branch line from Hayrick to Carlisle, and also running powers over part of the Carlisle railway. The learned counsel, however, sub mitted that the action was one which ought not to have been brought in England, inasmuch as by the last section of the Common Law Procedure Act of NU, it was provided that the writs of this court should not run to either Ireland or Scotland. He remarked, as a matter of history, that if this clause had not been introduced the opposition of the Irish and Scotch members would have prevented the pass ing of the bill in that session of parliament. In the pre sent case the plaintiff and defendant not only resided in Scotland, but the contract sued upon was entered into and carried out there, while the North British Company had no less than 700 miles of railway in that country. The Court granted s rule nisi. The Lord Chief Baron, at the rising of the court, inti mated that their lordships would, after the motions to morrow (this day), proceed with the new trial paper, and that, if counsel were not in attendance, the cases would be struck out, and not restored except on special applica tion, and on special grounds. (Before Mr. Baron Bramwell.) Charlotte Power, a miserable looking yo oman, was charged with the manslaughter of her ch ild starvation and neglect. Mr. Poland and Mr. M. Moir condueted the prosecu tion. The prisoner was undefended. This was a case of the mod painful and distressing cha racter. The prisoner, it appeared, was a married w oman, the trite of a plasterer, who it was stated was in the receipt of wages to the amount of between 30 s. an d 40s. a wmk, and the prisoner bad consequently ample means to provide for her family. The child in question was about nine weeks old, and it appeared that for some reason or other the prisoner was unable to suckle it , and instead of providing it with other proper no urishment it ap peared that while her husband was engaged at bis work the prisoner was almost constantly drunk, and that she neglected the poor child in • most shock ing manner. The attention of the parochial autho rities of Hammersmith, where the prisoner and her hus band lived, was at length called to the matter, and Dr. Spurgeon and Dr. Andrews went to the prisoner's house. They found the child was in • most filthy and emaciated condition, and they at once ordered its removal to the workhouse, but its system was in such • condition, in con sequence, a ccording to the opinion of the medica l men, of the sta rvation to which is had been previously subjected, that it was unable to take food, and it died very soon after its admission into the workhouse. It appeared to be clearly established that the death arose from want of proper nourishment and general neglect, and it was proved that some beef tea that had been prepared by the order of the doctor upon one occasion was left until it stank, and was quite unfit for food. The jury without any hesitation found the prisoner Guilty. The learned Judge said there was no doubt that she had caused the death of her child, and if there had been any proof that she had exhibited the least cruelty towards it he should have passed a much more severe sentence. She had killed her child by gross neglect, that neglect being no doubt principally attributable to the beastly habits of in toxication in which she seemed to have indulged, and he hoped it would be a warning to her for the remainder of her existence. He then sentenced the prisoner to six months' hard labour. Richard Robert Parry surrendered to take his trial for the manslaughter of Septiruus Hoskins. Mr. Metcalfe and Mr. Streight prosecuted; Mr. Ribton was counsel for the defendant. The facts of this case have recently appeared, and they were of rather a painful character. The accused was in a very respectable position in society, and the land lord of the Railway Tavern, Chalk Farm-road, and the deceased was an elderly person, also in a respectable con dition of life, residing in the same neighbourhood. It ap peared that on the Bth of October the deceased was at the tavern kept by Mr. Parry, who there seemed to be no d o ubt either fancied, or really bad good grounds for believing, that the deceased had insulted his wife, and he ordered him to leave the house, and be was subse quently turned out. On the Wednesday following the deceased appeared to have gone again to the house, and Mr. Parry ordered him to leave and upon his refusing to do so attempted to turn Win out, and somehow or other, it being alleged on the part of the prosecution that it was in consequence of a blow the deceased received an injury to his head which caused his death. Most of the witnesses for the prosecution represented that the blow WM struck while the deceased was in the act of leaving the house, but a young girl named Garrett, who, it ap peared, was not examined before the coroner, was now called as a witness, and she swore that before the de ceased got to the door Mr. Parry jumped over the bar and struck him on the head, and then beat his bead against the floor while be was on the ground. It was admitted that before the fatal occurrence took place the deceased had been turned out of the house, and inetead of going away quietly, as he ought to have done, he was wait ing about the outside for twenty minutes, trying to get in. Mr. Ribton, in his address to the jury for the defence, contended that the deceased had brought all the trouble upon himself by his own misconduct, and that Mr. Perry WAS perfectly justified in expelliug him. He then called two witnesses, who swore that the young woman Garrett had said to them that she did not see anything of what had occurred, but had read it in the newspapers, and that she was subpiensed to give evidence at the trial, and all she cared about was to get her " dollar " a day. Other witnesses were examined, whose evidence went to show that while Mr. Perry was in the act of expelling the deceased, the latter made use of very offensive language, and squared up at him with his fists, and attempted to strike him, before he gave the blow that was alleged to have been the cause of death. Several respectable witnesses were then examined, all of whom gave the prisoner a most excellent character, and described him as • remarkably good-tempered, obliging MAIL Some of the jury here expressed their opinion that the prisoner had struck the blow in self-defence, and they were desirous to stop the case. A portion of the jury, however, said they wished to hear the counsel for the prosecution in re - Mr. Sleigh accordingly addressed them, and he urged that the true version of the transaction was that which had been given by the girl Garrett. Baron Bramwell, in summing up the case to the jury, said that a person in the position of the prisoner was per fectly justified in refusing to permit any one be pleased to come into his house, and also in expelling him if he thought proper. In the present case, therefore, the prisoner bad a perfect right to expel the deceased, and if he believed that the latter intended to strike him, as had been stated by some of the witnesses, he would have been also justified in striking him in self-defence. He then refer red to the facts, and said that although such a melancholy result must be deplored by every one, it was clear that the deceased had, to a great extent, brought it upon himself by Lu own folly in attempting to force his way into the house after he had been turned out. The jury, after a short deliberation, returned a verdict of .Not Guilty. (Before Mr. Justice Byles.) George Main, 30, Wiliam White, 37, and Ann Beam, 28, an ill-looking woman, were charged with having com mitted a robbery with violence upon Thomas Swallow, and robbing him of 28/. Mr. Cooper prosecuted ; Mr. Pater, Mr. M. Williams, and Mr. Hams were counsel for the prisoners. The facts of this case will be fresh in the recollection of our readers. The prosecutor was a tradesman residing at Peterborough, and while in the St. Pancras-road, on his way to the Great Northern Railway, he was assailed by the male prisoners and brutally ill-treated, the female prisoner also taking a part in the affair. COURT OF PROBATE AND DIVORCE. The jury found all the prisoners Guilty, and White was Nov. 22. sentenced to five, and Main to seven years' penal servitude, and also to receive 20 stripes from a cat-o'-nine-tails, and (Before the Judge Ordinary.) the woman was sentenced to five years' penal servitude. MARCHANT r. senßcHeNr. In this case, after our report left yesterday,' (Before the Common Serjeant.) The two mothers-in-law were both called, and they Preneis Lake?, surrendered to take his trial for assault• stoutly maintained the cases of the respective parties. ing Albert Byote upon the high seas, and within the Mrs. Merchant, sen., a decrepit old woman, declared that jurisdiction of the A dm iralty of England. The defendant her daughter-in-law seemed so happy that she was almost uses also charged with falsely imprisoning the prosecutor. induced to get married again . herself. (Laughter.) Mr. Metcalfe and Mr. Green conducted the prosecution ; The Court reserved its decision. Mr. Ribton and Mr. F. H. Lewis were counsel for the de fendant. COURT OF BANKRUPTCY.—Nov. 22. This case occupied the court nearly the whole of the day. (Before Mr. Commissioner Holroyd.) The defendant was the captain of a vessel called the Cyrn- IN itit RUDOLPH JUNO. benne, and the prosecutor was second mate of the vessel, The bankrupt was a merchant, of New Broad-street. and he charged the defendant with having, upon the This was an adjourned sitting for discharge. The aggro- voyage home to England from Singapore, locked him up in gate liabilities are 44,2 68 /. ; property held as security, • place called the lazarette on board the vessel, put him in , • ditto given up, 1,109/. defence irons, and also assaulted him by striking him with a re -30 859 f. volver. The that was set up was that a good deal Mr. Reed, for the assignees, said this was a case where the liabilities were large, and the assets exceedingly small . of what was stated by the prosecutor was very much Upwards of 14,000/. was due to unsecured creditors ; and exaggerated, and that no more violence was really used it was represented that the secured creditors for 99,000 f. than was absolutely necessary for the safety of the vessel held property to a larger amount. This was the ordinary and the crew, in consequence of the insubordination of cue of obtaining large quant'ties of goods on credit, the crew, and that the prosecutor had been the chief cause of that insubordination. hypothecating them, as the phrase was, for two-thirds their value, and then coming to the court and representing The Common Serjeant left it to the jury to decide who the captain'had been guilty of excess in the exercise that there was a large surplus coming from that property. At present it could not be asertained whether there of his authority, or whether he had merely done what was would be any surplus or not. The goods, consisting of neceesary for the promotion of discipline on board the °e silks, were all consigned to Lyons, Eberfeldt, and Co- vessel. ; and Mr. White, the manager, had not been able Th e jury retired at half-past five o'clock , an d as half ' past eight they returned into court, and said there was no to obtain aciount salesfromany of the holder s, most of their accounts being still open. It WAS asked that the order of chance of their agreeing upon a verdict. discharge should be adjourned until the assignees had ob- I The Common Serjeant upon this said that he sho uld tamed aooonnts showing the result of the sales. They also discharge them. After a short discussion as to what course should be wished for an account, showing how the bankrupt stood in taken, the jury were discharged, and it was intimated that April, 1865, when he professed to have had a surplus of 10,0001., though six months after he was in • deficiency of the case would be tried again next session. 12.000/., and was also deficient 1.400/. in 1863. The defendant was admitted to bail. Mr. Lawrence, on behalt of the bankrupt, complained of the unfairness of further accounts being required after the last examination had been passed. The bankrupt had given all the information required by the assignees, andhad passed ... his examination on those accounts four months ago. The consignees of the goods were persona of the highest chi- Joh n Harris, whCLERKENWELL. o was described as a gentleman of in. Dieter, and there was no difficulty whatever in ascertain ing the value of the goods,which - had been returned by the dependent property, residing at 21, Frederick-street, te l r ay n- k road , was charged before Mr. bankrupt at the cost price. It was only a question of D'Eicourt wi th and assaulting p oli ce-constable John Dentry , whether 1,500/. would be realised to the estate, and that iirint, the • ought not to stop the bankrupt's discharge. After some discussion as to the concession of some exeeutaon of his duty, at Burton-crescent. Compbtinant was on duty on Wednesday night about 9 o . ' n cloc . k.in Burton-crescent, when he saw the defendant mines in Spain, in respect of which the bankrupt claimed 4,500/. from the purchasers, but which they ref osed to pay, lady walking along. He passed the defendant, and — had - n - o sooner done so than he received a . violent kick from His Honour said he did not think that the main ground behind. The kick caused him some pun, and had it not on which the adjournment was asked ought to weigh with been for his great coat it would have been worse. When the court, looking at the time that bad already been given. It was not likely that further information could be obtained as to the consignments, and there was no ne- he accused the defend ant of having kicked him he treated the matter as a joke , and said that be had not kicked him. He took him into custody, and when he was in Leigh-street comity for further accounts. If the assignee* desired it, they were entitled to further information as to the bank- the defendant wanted him to settle the matter. The de fendant had been drinking , but not so drunk but that rupt's interest in the Spanish mines. ordered An adjournment was till the 19th of December. he well knew what he was about. He had ne v e r to his knowledge seen the defeedant before he passed him, and he had not spoken to him or to the young woman that was Row INFIRMARY, Crry-ROAD.—The number of with him until after he had been kicked. chest cases under treatmeut at this hospital during the Mr. William Arthur Pearson, of 107, Guildford-Inset, part week was 723. Russell-square, and Mr. Ferederick H., Hoderiece, of 9, DU BARRY'S DELICIOUS REVALENTA. ARSBICA College-street, Islington, confirmed the constable's ovi ne]) cures dyspepsia, i n digestion, cough, asthma, consumption, dence. co nstipation, diaerbwa, palpitation, nervous, bilious, The defendant said he was very sorry for what had liver, end stomach complaints. Cure No. 68,433—" Rome, July oeco reed, ti,nes.—no health of the Holy Father to excellent, especially Mr. .D'Eyncourt said if a cestermonger had committed date, abandoning all other remedies, be has confined himself entirely to De Barry's Food, end his Ronne= cannot praise such an assault he would have to go to prison. Be could this =silent loud 1., hi g niy,^.—Quesiedu midi. D u B ur y i „ u d make no distinction in this ease • and as for inflicting a Co., No. 77, Regent-street Londou, W. in this , at IL led. ; money penalty of Si., that would be no punishment to • M., b. td. 406.—(Adurtisement. man of independent mean& Re then sentenced the de- fendant to be imprimoned and kept to hard labour in the House of Correction for 21 days. Mr. Ricketts, solicitor, of Frederick-street, Gray's-inn road, at a later portion of the - day applied to Mr. D'Eyn court to alter his decision, and give the defendant an op portunity of paying a fi ne.' The defendant was suffer* from chronic palpitation of the heart, and the excitement that he had undergone was likely to prove fatal to him. There was no intention to do t he constable any harm—all that was done was a mere drunken freak. He had wit nesses in attendance to give the defendant an excellent chuncter. Mr. D'Eynomut said he could see no reason to alter the sentence ; for, if a man chose to commit assaults when be was drunk, he must put up with the consequences. The wife of the defendant, on bearing the magistrate's decision, was removed in a fainting state. LAMBETH. In our impression of the 16th inst a report appeared of an application made to the Hon. G. C. Norton by a man named George Burfitt, who complained of a gentleman who he understood to be an attorney, and who had obtained 21. from him under the pretence of bringing an action against his late employers or serious injuries received while in their service, and of which action he could not get any satisfactory account. On that 00011fli011 Mr. Norton desired one of the summoning officers to callon this gentleman and state that, in the event of his not coming to some arrange ment with Burfitt, be should be glad to see him. The gen tleman has since waited upon Mr. Norton, and after pre senting to him testimonialsof the most undoubtedreepects bility, proceeded to say that it was a pit ro y that the com plainant had not called on him, as be pmised, with some additional evdence in his case instead of troubling his worship i , as he should be able to show to his worship's perfect satisfaction that in reality he had nothing to complain of. In the first place he begged to say that Burfitt, in consequence he believed of something that bad been told to him by one of his ser vants, came to him, and having told him the particulars of his case, he undertook to give his assistance gratui tously, but told him distinctly that be oouldnot undertake to furnish money, and that as he should have to engage a respectable attorney, he should require a small sum in hand as a guarantee for the expenses, and Burfitt handed him 21. For this he gave him a receipt signed by himself, and also handed him the name of as respectable a solicitor as any in the metropolis, to oarry on the action. He had further engaged this solicitor, and in addition got a gentleman in the Temple, and holding a high position at the bar , to dra w u p the pleas in the case gratuitously, and the cause of the delay in going on with the case was owing to the long vacation. His worship would thus see that he bad done everything in his power, and that gratuitously, to waist Burfitt in getting compen sation for his injuries. Mr. Norton observed that, when Burfitt applied to him the impression on his mind, on hearing his statement, was that he had got into the hands of one of the numerous harpies who were about and ready to pick up a ny person, and victimize them under the pretence of being lawyers and carrying out law proceedings ; but he nowfound that it was quite different, and that the poor man was not only in good hands, but had been treated in the most benevolent and gentlemanly s pirit. He was exceedingly sorry that the gentleman should have been troubled to attend before him. The latter expressed his thanks to his worship for this expression of his opinion ; and requested that, as the man Burfitt was present, he might be questioned as to the per fect truth of his representation. Ilurfitt, in reply to the magistrate's questions, admitted that the gentleman had behaved with the eatest kind ness and li berality, and he was sorry be ba d made any statement to the eoutrary. TRAFFIC RICTUB.NS. Mile. Pe.. Mer• Total, Total, RAZLWAYB open. singers, climates. MM. 1855. Week ending Sept. 15. & A A A Great Southern of India 79 306 407 773 638 Week ending Sept. 22. Madras—South West Line. 492 North West Line. 153 Week ending Oct. 27. Northern of Canada 94 Week ending Nov. 9. Dublin and Meath 33 Week ending Nov. 16. Belfast and N. Countku Londonderry & Colerane . 36} Week ending Nov. 17. North Eastern 12204 17,333 52,099 70,062 67,388 Pembroke and Tenby Week ending Nov. 18. Belfast and County Down al 427 al 659 532 Bristol and Exeter 1341 3,253 3,096 6,349 6,200 Great Eastern 7o9i 15,278 19,613 31,911 34,206 Great Western 1311 30,493 40,276 70,709 08,001 Mancliester,Southrunetion, and Manche& - 861 438 1,299 1,370 North British 1,981 2,080 Ul MEETING OF MIDDLESEX MAODITRATES. A general meeting of the magistrates of the county of Mid dlesex was held yesterday, at the Sessions House, Clerken well-green, Mr. H. Fownall in the chair. There was a full attendance of magistrates. The report of the Committee of General Purposes was presented, which recommended that the new chaplain to the House of Detention should commence with a salary of 2501. per annum. Mr. F. H. N. Glossop moved, pursuant to notice :—" That the court do make a contract with the managers of Mount St. Ber nard's Reformatory, near Whitwick, in Leicestershire, for the reception and maintenance therein of such Roman catholic boys as may from time to time be transferred thereto from the Middlesex Industrial School at Feltham, in consideration of the payment of the sum of 2s. lid. per week for each such boy, being the same amount which is now paid by the county for Roman catholic boy. sent di rect to the said reformatory." He said that by a recent act of parliament they were empowered to send Roman catholic juvenile offenders to a Roman catholic institution. The morionwasput and agreed to. Mr. Gloasopthen moved: " That the Committee of Visitors of the Middlesex Indus trial School, at Feltham, be authorised to apply to the Secretary of State for a certificate for the whole or a por tion, not exceeding a moiety, of the said school, under the Act 29 and 30 Viet., cap. 118, known as ' The Industrial School Act, 1866.' " After some discussion, the motion was agreed to. THE SHOCKING MURDER BY A BOY IN SHEF- FiELD.—Yestarday afternoon an inquest was held on the body of the unfortunate boy, Arthur Allen, whose death occurred under the melancholy circumstances reported yesterday. The prisoner was brought into the inquest room by a police-constable, and was placed at a table in the centre of the room, next to the chair reserved for the witnesses. The attention of all present was immediately concentrated upon him, but he maintained surprising firmness and composure for some time. He is very youth ful in appearance, with no trace of malignant passion in his countenance. His eyes were swollen with crying. After the examination of the witnesses bad proceeded for a short space the prisoner's firmness gave way and fuent bursts of weeping showed that he • the p req tion in which he was placed. His distress was greatest when the officer produced the hammer and the knife with which the murder bad been committed. It seems that the prisoner has a stepmother, and he asserts that before he left home she used him very cruelly, beat him frequently . when no offence had been given, and was fond of indulging in the ma lignant prediction that he " would come to the gallows. That such would be his fate seems to have been accepted by the unfortunate lad as a fact from which there was no escape. He says he " always felt that he should murder somebody, but be did not know who it was to be." He was a fatalist ; and having accepted as something inevitable the belief that be should come to the ignominious death of a murderer he made no attempt to resist the temp tation that constantly beset him to bring about its ,realisa tion. He had contemplated the murder for a week, and on the fatal night the weapons he used were secreted be neath the pillow on which he allowed his victim to repose in unsuspecting confidence. He sat up during the whole night in the bed watching the poor lad. His stepmother's prediction seemed to ring in his ears, and he resolved, just as the day dawned, to commit the deed. He says he " repeated the Lord's prayer, and then struck the blow." That blow took effect on the left side of the neck, just beneath the ear, and the injury caused by the hammer was increased by . a severe stab with the carving knife. The blow was so violent that the blade snapped in half. Two other wounds were inflicted with the hammer, each of them fracturing the skull ; but the first was the immediate cause of death. The verdict was " Wilful murder," the jury regretting they could come to no other. THE EXTENSIVE ROBBERIES ON THE GREAT EASTERN RAILWAY.—Henry Buckle, the proprietor of a drapers and outfitter's shop in Stratford New-town, and his wife. Caroline Buckle, were brought up yesterday, for re-examination, before Mr. King, the magistrate at Stratford, charged with receiving property which had been stolen from goods trains on the Great Eastern Railway. The male prisoner Las been committed-for trial on several charges of stealing and receiving stolen property, and some evidence was taken to complete the charge against the prisoners in respect of the robbery of some stays. Since the last examination, the police, in consequence of some revelations understood to have been made by Mrs. Buckle, have apprehended a man, Oxborrow, who while in the service of the company is believed to have stolen some of the property which Buckle is charged with receiving. Mr. Straight said there was also another serious charge preferred against the male prisoner, that of unlawfully en deavouring to incite John Ward, an engine driver in the employ of the company, to rob a train. The female pri soner, Caroline Buckle, was called as a witness against the man Oxborrow, who is charged with stealing a quantity of boots from a goods train. The magistrate committed him fur trial at the next sessions of the Central Criminal Court. Mr. Beard begged that the amount of hail which had been asked in the case of Mrs. Buckle might he reduced. She had borne a most excellent character, and respectable persons were in attendance to speak in her behalf and to guarantee her app-Prance when required at the sessions. Mr. Straight said after what had transpired the railway company bad no objection to offerto the sum being reduced. The magistrate then reduced the amount to 1001., and the required bail being entered into, Mrs. Buckle was liberated. THE CATTLE Ptnoun.—During the week end ing 17th November 2 attacks of cattle plague are reported to ta th aiessa . Zi r ed ee ce 7 malL iciccu p o laie r s .dre w t h illi fe Gre e 2L f res ro l ßr are ita e n m i k h tbmaks : ing ep being t b ; t ee h a n tmk e decreses in num oon t we tac r d in t ill wi 3 t cli he th 2 week preceding w as 3. No healthy cattle were slaugh tered d 143 141 991 1,089 189 142 THE POLICE COURT& MARKETS. TALLOW. THURSDAY EVECING. The e t Spat u quoted 44e. 3A. ; Jem m ma i m y to ii6l l ‘,iu.6d ; Vara, ; October to Dumber. Me. se,l COTTON.—LrviaPooL, Nov. 22.—Theye more general inquiry to-day, with a prices. Sales to-day 15,0 M bales, Orl: 1 41 00 1 4110 /h trop and export. 3,00 D American, 13A to 14. 44 Pernam, &a, 15d. to 17d. ; 200 Maranhao Md. is 14 . 11 , 900 Maceio and Bahia, 11d. to 141 d. ; 600 to 24d. ; 200 Smyrna, lltd. to 13d. ; 8 121 0. ;; Madras. to tO 1 1 4 1 a ct ; &WI, Bands, Ita, ft. WOOL AND WORSTED.—BRADFOID, Nov . % There is a much better feeling pervading th e ....,••-• to-day. There is a general feeling that the loven, has been reached, and that improvement is at M a e - e a transactions in wool are very small. The bett er " arises from the circumstance that much wool hes e n - 2 been sold at a sacrifice by insolvent trader", m g having been got rid of there is more confidence fak e % part of those engaged in the trade, and • reananti s tainty that they will be able to realise *in na t e ni t In worsted yarns there is more inquiry on the pet 7z export houses. There has been more inquiry 42 super, as well as for 40's single for HUMS. The d na : for two-folds is flat, and there is much less &air. Genapc sy Spinners for the home trade still me:. very , and the spinners for lustre yu l e"' la also pretty actively employed. Prices are steadier th e they were. In pieces there is a decidedly Inti m pervading the market. Manufacturers bare ret particulars from merchants for goods previously te e mi, and there is rather more inquiry for plain • th part of the export merchants. The price rmi s ..., has fallen very considerably since August, andta ne j2,! • conviction that g e niis have nearly reached th e 0 point merc hants ' to place orders which tlic i 7 4 been bolding over. e American merchants pla n at . eer y sparingly . The home merchant' are g e Ml improved business. The demand for Prance is a 4 average character, and about the only trade of any gNA Suds at present. Prime are about the same as len IN T - - - - - LACE AND HOSlERorrncins, Not it m There is rather less depression in the lace trade Ma et* than last, there being a few buyers from the contimeleh are placing small orders. There is a rather better . in e g for cotton goods. The American buyers are a* fte g great caution on account of the unfavourable .Aati news from the States. Yarns have been fina g e m the week.—There is an improvement in the -'• trade, the advent of cold weather having • the demand for goods for the home marked'. S o also • fair amount of business doing for the Ameriened other foreign ports, but not to so great an exist n lei autumn. Though cotton has yielded in pries, ye rn n slightly firmer, owing to the short time zoom* a Lancashire, and manufacturers are therefore emsd e i 4 refuse or curtail very materially the large oaten Ai n sent to them. Employment is still very general it d branches of the trade, with every prospect of its man n anonduring the winter.—Nottinghato Journal. CORN.-Bunnionen, Nov. 22.-At this dye mid there was a large supply of wheat, which rained eaL *nee of 2e. to 3s. per quarter. Barley fully is I* Oats tending upwards. Beans and peas *she* DEVITIB, Nov. 22.-We have again to report es so in the prise of wheat of quite 2a a seek ea the , for both old and new ; and at this *vanes thee J brisk trade done, and nearly every lot was dare d best barley the trade was slow, st &MK Ow; stained dry samples were more inquired for. Bea is. per sack higher. Oats, peas, vetaes. and rye eek Bread has advanced Id., making she pries now Lid: Best white wheat, from 335. to 36• ; best red d> to 350.• ditto new white, 335. to 34 e. • other i to 295: ; barley, 47e. to 53e. 6d.; beans, 23• to peas, 19e. to 2:38. ; vetches 21s. to Zi. • r ye, 16. tine flour, 48e. to 545. 1 best seconds, tees. MAncistsrut, Nov. 22.-Our market this samkpe numerously attended. English wheat advanced bit per quarter, sod foreign 4d. to Cd. per dental; betas nand was not active. Fleur must be noted la IL Mk per sack dearer, with, however, a limited buena Oit were Id. per 451b5., and oatmeal per and dish and foreign beans brought ls., and Wray* per sack more. NEWARK, Nov. 21.-The show of wheat was sisins and sales were made briskly at Is. to 4• per IS money. Best barley fully as dear. Oats a *gels Beans rather better sold. NEWBURY, Nov. 22.-We had a good supply el a this day, the trade very brisk ; fine parcels reeleakel inferior sorts 2a per qr. more money. The barley isle condition, the trade rather slow at last week's ran and beans steady at late quotations. UXBRIDGE, Nov. 22.-The wheat trade is brisker& to se. advance is obtained over the prices of lentegre qr. Barley is in short supply, and le. to 25. per qv I* In oats and beans there are more samples offe* the value unaltered. EDOBURGH, Nov. 21.-As compared with la * wheat was 6s. down on top, and 2s. re up or s' Barley was same on top, and Is. 4d. up or nap Oats were Is. up on top, and 11. down on avenge be were same on top, and 3e. sd. up on amp irs bu. to 70s. ; barley, 295. to 50a. ; oats, 22a. to 7s; beans, 475. to 58s. Nov. 22.-We wee iffi su pplied with beasts at this day's market, which ors hand in good saleable condition. The trade ver dte Tuesday's rates. Sheep were an increase in EWA trade steady, no alteration in price. Fat pip a see supply. Beef, 6d. to 74d. per lb.; muttai, Bd. le It; bacon pigs, Bs. 6d. to 9s. 3d. per score ; porket to 9s. bd. BRISTOL, Nov. 22.-We had a very large 1' I cattle at our market to-day, principally iriab, Int • the animals on offer were of rather indifferent:pa trade was quiet ; m iddling descriptions showed tion in price, and could be only disposed of at^ figures, from 58e. to 623. being taken, but for bay last week's prices were nearly maintained, frost 63 t l being about the average quotation. Nearly . changed hands. A good supply of sheep, with trade, but priambrere very firm,with an upward best mothers realising from Bd. to 81d., and . Std. ; very good descriptions, however, mud a for Bd. per lb. NEWARK, Nov. 20.-There was a fair saw' Best wcther mutton realised from sa. to tild. perk 7d. per lb. Buyers were plentifuL Number pee* Norrreonam, Nor. 21.-The show of bans: the same as that of the previous week ; pries bit Bs. 6d. to 9s. for best quality, and for wad inn Bs. 6d. A moderato supply of sheep m et ma from Sd. to 9d. being given for best quality, ad* sorts 70. to Bd. per lb. Porket pigs realised. : 7s. 9d. per stone ; and for bacon pigs 6i. toil. Veal fetched from Bid. to 9.1. per lb. Number el r market :-Wednesday : sheep, 700; pip, 3L Be elleeP, 68 ; Pigs. VI EDINBURGH, Nov. 21.-The number of c attle ing was larger than at last market, there bins . 1110 increase of 38 head. The demand was good, v prices of last week were maintained Top current for the best sorts, Bs. 91. to 9s. and inferior. 7s. 6d. to ' tis. eaL per stone. sheep was 4,953, being 1310 more than list sheep maintained last week's prices. Tr currant, Bd. ' • e wes and inferior, 6d. to 71. 1 . pigs brought 56. to 6s. per atone ; SIX IS ISO , do., tie. to 10e. a head. Numbers in makes 399 ; store ditto, 200 ; milk cows, 24 ; fat r' store lambs, 321 ; pigs, 391. just I 1,923 275 [Advertisement.) --HOLLOWAY'S O enurriait Mts.—Redemption from Discase.—The hidd c mispected source of many a wasting sickness sad have been developed by these &Wraith:Pink ad of the Ointment to the malady thus discovered valuable lives from • continued torture and Piles in sill the many forms under which they such as fistulas, strictures, inflammation, ulcer and external, recent or chorale. are thus safely brought to a state of ease. and thence conducted to Both Ointment and Pills are innocent in compos healing, purifying and comforting ; both henling are gent. and assist etch other, ever helping, never knowledged laws. BIRTHS, MARRIAGES, AND Duo BIRTH& site OltEoOßlE.—November 20, at Winchester, the of a daughter. GILL -HoveETT.mlier 20, at Calmat, the wife of t a daughter. HOLM AN.—November 20, at the lineal ". wife of J. It Holman, Mill. I daugh ter ' 11ILDER.—November B, at The Lindens, rear. T. P. Rder, Esq., o son. LITTLE.— il November 20, at Market -place, Meat wife of Idr. W. Little, of a dau.litge- ILARRIAGES. ' CREW—ALT.—November to, at et Johns. •- by the Rev. G. Miumtleld, F. crew, of of T the NO ette* , shire, to Georgian* itophia. daughter M.A.. vicar of Enford, Wilts. Reyat CRAWLEY—LOVE.—Novemher 21, at the pet of the Aesumption, by the Very itea. Clo g° ° son of the late C. Crawley, of Albemarle -street Josephine, daughter of the late Mr. Lore, of Om street. REV.NYSTOM-SARTlN.—Noverober V, at St Jolla''the S. D. Stubbs. 0. Y. Nystrom, FAO. Sweden, to Elbiab e th Warton, daughter of G. Manor-road, Holloway. DEATHS. ...te FALlB . —November 20, at 13ournemouth, Falls Esq., M.D. umthros.—November h 3, at LarMl lAg a s Anna, vette of T. W. Hamilton, )1 D. HOWAR D . —N ov ember 20, at Folkestone, Or* W' TARCoem IL— , Esq., mg Noveusbarllkat 88. 84 Jamess Lodito. I. P _ - too luso Printed lll7dlabel b 7 C AI bon d" tribl d vim eoe Lontbent-street. in tb• p ro od Otlic• fn Lombard-Amt. in tbb Yawn. Norwitz 33. last / of, I , d fti o „i - 114% to 47 - 4 • : ABOI • • INd a or tot W at Oa ADM fti 6 t • CUB) i JAlrd ma K lig 111. , wine 900011 d ' dls 4 2 .114 24 1 a 00, 0111 2 ; or D. limo form Sena xi ?ETU *die th keAt io t the 10 • CII I/ 10DI N I, KA ods • i s ettekft, • Ltibess4;pee the boa T. and they PI B W . •71; . . 1 • d e o ,, ti ! e II CIII I i I Y Z 1 . • • wt Not ; da MS** site/aim/4 -4 Z 1 VI a t be e sate with eta .0 Armies* col t ' dot w • 903 ft Ng Teens foul rooms" 80 SLI work r w den white genital it 81 • its cane et. T 1 IS 1 s dars ink sand is dr • Vex fully kik . Utast • sad I sort es sass. • RI and no theme the a demi ia • air Oa; °Um for. Bass C od rye • • now 15d 111, red ditt so a Alter sena ilk am 23‘. to 11/11.; rye, NS SI; t. to 496 savissu issued 3s. et • • dal; lonia ' Red la 611.14 !buena 06 6d bifles. I Was sal. it was main; ei 41 . C• a shags i• app ▪ resl ly isselkol te badly ilea eek's rats b Oe de is brisk WI 0 ▪ of lei rep 21. pee qr: bos >les dem,J . 1 DI with Let I. up on I up oil D 0 ai memo aversis. 7n M e fe 22a to k; ..ye ball Wa wee r dw Let, which cos tack vs Si oe in USD* ~,pb m 'abalirTie a,t tca'e ariy; : il tu c l e i nP arkdu t s hP: lr ai gu laf f newith° d o es 4ii ; besiq iiiiirsi xd 6 s:l :l l llll 4 : o 4.l l ;o l l lll:;l • fair limy d . to tthl. pera.; oll 2 amberlll•Di a 11 r of beasts well Fie" bald . w second aid s net with a enoalt silty. sake .° realised ho " SS • 6,30, - 1...- • Numbs ei Odd rip, 31. 2 • 1244: tr of cards Dielly 'ere be o 4, 39 11 3 was 3 00°, , Top Prim 9/, ad. ; tone. Th e la r r9 ,_ ,an last wow a es. Top .to 7 P er __,„,,' • 7 uc to eight • " *. e motet : - F •1 tt ; fat dleg ' v. T l 000• .1, • 0i sixes! hidden came, 00 wee and faol • P ply, and t o o re 7 ward f; nour sod • they , safelyus r 5;..... Waded to ar i l 3 . are gen.' ;No I harming DW I' IND I . • ster, the wBe Of n o, I , I the wife of a DockTE 4 . 661.1 :hem vO ° • revei"" °red I f w "" -- ....• L • A'w - ow8w• r of oliktiff er' of the Re ' vitifi P the Bor.- - gs 000•000 00• le-sw• •• ta ll Bo. Love, of Vest O at 0 St /1,3011101 tor or G. ••••—• VOS IIA uth, „et W• Lod6 o, gr• W ' stone, LAP. IWP4BIII I, 00 PredDeSßA ▪ - LA • - 10— tsil* v o w Loma" 8,106 7,404 1,693 2,046 284 232 2,677 2,170