The Express. — London, England, 1846-12-24 00:00:00

were instrumental in keeping hint in the state of excitement in which he is. The Lord Chancellor said he wee not in powenion of all the facts in the knowledge of which the late Lord Chan cellor made the order of allowance, but, if any of that allowance remained, it was reasonable, in his opinion, that such surplus should be applied in the payment of the debts; but he also agreed in the suggestion that a list of the debts should he famished to the committee. Mr. ltolt submitted to his lordship's observation. With reference to the hearing of the petitions next term, he ex pressed a hope that no further affidavits would be made on either side. . . . Mr. Michell could not give any pledge on that, because the lunatic's conduct may make further afficlivits necessary : The Lord Chancellor said he could not make any order in that matter, so as questions relating to the interests of lung• tics and infants, there could not properly be any limit of information to the court. —His lordship sat till 5 o'clock. Before the Master of the Rolls R MSBOTHASI V. FUREMAN.—MOTION TO DISCHARGE ORDER FOR IRREGUL IlITY.—The defendant, Freeman, ap plied personally in this case to discharge, for irregularity, an order upon which ho had been imprisoned by attachment for not putting in his answer to the amended bill. There was also a counter-motion by the plaintiff, to restrain an action which Freeman had commenced in the Common Pleas, to recover damages, on the ground of the alleged irregularity of the proceis under which he had been imprisoned. The suit was instituted to foreclose a mortgage, and the defen dant having in his answer set up a defence which required further discovery from him, the bill was amended. But he refused to answer the amended bills, and about April, 1842, he took the benefit of the Insolvent Debtors Act. In May, 1812, an attachment issued against him, upon which he was taken, and being brought before the court by habeas corpus, in July, 1842, be swore he could not answer on account of his poverty, and the usual reference was directed to the master, and the defendant was turned over to the Fleet. Subse quently, a decree nisi was obtained to foreclose the mortgage, and, after remaining in prison for nine months, the defen dant applied for his discharge, which was ordered, but no costs were awarded to him. After acquiescing in what was then done for several yearn, he now applied to discharge the order under which the attachment i•aued for irregularity, and he asked, if the court should restrain his action for a re ference, to ascertain the damages he had sustained by reason of the alleged false imprisonment.—The Master of the Rolls said that it was the constant practice of the court not to allow actions to be brought far damages alleged to have been sustaiutd by reason of irregularity in the execution of the process of the court, and he must restrain the action. As to the motion to discharge for irregularity the order on which the attachment had issued, it was said the order was irregular, be • 'atria all the interest of the defendant in the property had been taken out of him by the vesting order under the insolvency, and freed him from the necessity of answering, but that did not relieve him from making the discovery sought. If he had been discharged from prison on the ground of the irregula rity of the order under which he was imprisoned, costs would have been given to him; but that was not so, and he had no doubt that he was discharged because his answer was then no longer neceisary, by reason of the decree. After acquiescence for a long period it was now said all the pro ceedings were irregular. Ile had no reason to suppose that, and he should reft.se the motion, with costs. 'Before the Vice-Chancellor of Eng Lin& Ditowte v. COOCE.—MOTION NOR AN INJUNCTION TO RESTRAIN THB PIRACY OF A COPYRIGHT, REPUSED.—This was a motion for an injunction. The plaintiffs represent the firm of Longman, Brown, Green, and Longmaas, booksellers and publishers in Paternoster-row, and are the proprietors of a literary periodical, published weekly, entitled the London Medical Gazette, which was commenced in the year 1827. The defendant is the printer and publisher of a work called the Medical Times, also published weekly. The affidavit of the plaintiffs, upon which the motion was made, stat,el that the London Medical Gazette consisted, to a considerable extent, of original articles, dissertatious, communications, contributions, and matters written and composed expressly for tb, said work; that the said Gazette had been, from time to time, written, compiled, and edited for the firm of Long man and Co., by various persor.s who had been employed, paid, and remunerated by the said &infer so doing. That the present editor had been the editor thereof ever since the publica tion of the new series in April, 1815, and that the said Long man and Co., had paid to such editor, under an agreement to that effect, a considerable annual pecuniary salary, and that such editor, for the consideration or salary aforesaid, had supplied, and still continued to supply, all the articles, dissertatiors, communications, contributions, and matters printed and published in the said London Medical Gazette, but upon the terms that all copyright in the said Gazette, and in all literary matters supplied thereto, should belong to and be the property of the said firm. The affidavit then stated that in many of the numbers and parts recently published of the Medical Times, the said Michael Cooke had printed and published various articles and other matters which had been copied from the plaintiff's work, and that the said articles and other matters so copied had lately in creased to a very material extent. A number of articles and passages from articles were then set out which were taken with very slight alterations from the plaintiffs work. The injunction now sought for was to restrain the defendant, Michael Cooke, from selling or disposing of any numbers or parts of the Medical Times containing any article communication, matter or thing, copied or taken from the London Medical Gazette. Mr. Bethel' and Mr. Renshaw, in support of the motion, contended that the plaintiffs had a copyright in the articles published in the Medical Gazette, under the statute 5 and 6 of Vic., e. 45. By the 18th sec. of that act it was enacted that any publisher or other person who should conduct any periodical work published in any book whatsoever, oremploy persons to compose the same in, cr as part of, such work, ea the terms that the copyright therein should belong to such publisher, and paid fur by such proprietor, the copyright in such work so composed and paid for should be the property of such proprietor, who should enjoy the same right as if he was the actual author, hut after the term of 28 years the property in works published in reviews in portions to revert to the author, the publisher not to be at liberty during the 28 years to publish such work in a separate form, with out the consent of the author, provided that nothing in the act contained should prejudice the right of the author, who by a coutract express or implied might have reserved the right of publishing the work separately ; but such author should still be entitled to the copyright, without prejudice to the publishers right of publishing the same in periodical publications. It was contended that the defendants had clearly infringed the plaintiffs' copyright. since a variety of articles contained in the plaintiffs' work had been copied into that of the defendant. In one number of the Medical Times there was a place set apart for such articles, to which the following heading was prefixed " These are the only articles of interest in the last three numbers of the Medical Gazette." So that the defendant had not only taken what he considered to be the only interesting articles, but had at the same time depreciated what he did not copy. Mr. Rolt and Mr. Fooks for the defendant, contended that the plaintiff had no copyright in the articles published in the Medical Gazette. It was stated upon the affidavit in support of the motion, that the editor was paid for: the contributions, but in fact the articles were written by a number of contributors, and there was no allegation that such contributions were paid. The editor might have procured the articles from friends without payment, or he might have taken them from sources common to both ; but unless the plaintiffs could show that they had paid for such articles, they had no copyright in them under the statute. It was also contended that there had been only such copying from the plaintiffs work, as was fair and usual in all literary publications. It was common for all journals to take from each other a portion of their contributions, and if this injunction wero granted, it would alter entirely the system upon which every periodical was conducted. The Vice-Chancellor said he thought before he interfered by injunction to stop the publication of the defendants' work, the matter ought to be tried at law, and for this reason that when his attention was drawn to the language of the plaintiffs' affidavit, as contrasted with the language of the 18th sec. of the stet. 5 and 6 Victoria, c. 4b, he was of opi nion the plaintiffs had not sufficiently made out that sort of derivative copyright which they ought to have obtained to satisfy the terms of the act. The object of that statute was to give a new species of copyright in periodical publications, meaning thereby such works as should come out from time to time, containing miscellaneous information, but it was expressly stated that the contributions to such works were to be paid for. Upon the plaintiffs' affidavit it appeared that Morn. Longman and Co. had paid to the editor an annual salary, and that such editor for the consideration aforesaid had supplied the articles and other matters printed and published in the Medical Gazette, upon the terms that all copyright in the Gazette, and in all literary matters supplied thereto, should belong to, and be the property of, the said firm ; but it was not stated that the contributors were paid for their contributions. The meaning of the 18th section of the act clearly was, that if a publisher of a periodical work em ployed a person to write articles for it, and paid him for such articles, with an agreement that the copyright should belong to the proprietors, that then the proprietors should have the copyright of the periodical work, including all the articles therein. If the case had remained upon the affidavit of the plaintiffs, it would have appeared that the person editing the Medical Gazette had himself composed all the articles; but it was clearly not so: the edi tor had been paid, and whether he had paid the contributors or not, was nowhere stated. Under these circumstances, he thought that Messrs. Longman and Company had not entitled themselves to the copyright under the 18th section of the act. It was very possible, con sistent with what was stated, that the matter had been over looked, and that the editor hid been employed to deal with the gentlemen who composed the articles, and that payment had been made in such a manner as to constitute a payment by the proprietor. But on this subject there was an infirmity in the affidavit. Still his honour thought it never could be said that if a publisher became the owner of the copyright in certain compositions, any other person had a right to copy them without stint. That would be contrary to the express terms of the statute, and it would he contrary to honesty and common sense. As, however, there was this infirmity in the affidavit, the injunction must be refused, and the plaintiff might bring such action as he should beadvised. Before Vice-Chancellor Wlgram. WOOD V. ROWCLIFFE.—JURISDICTION OP THE COURT TO DECREE THE DELIVERY VP OF SPECIFIC CHATTELS.— The argument in this case was heard on the 16th inst., when Mr. Itomilly and Mr. Southgate appeared for the plaintiff; and Messrs. Kenyon Parker, Rolt, Ilislop Clarke, and Bilton, for the defenitants. The case alleged by the bill was that certain specific fflattels, described in an inventory, were placed in the possession of Elisabeth Wright, to be held by her as the agent of the plaintiff ; and that, in breach of her duty to her principal, she had executed a bill of sale of these goods to a third party, by whom they were about to be sold. The bill,which was filed against Elisabeth Wright and the party to whom she had executed the bill of sale, prayed that the plaintiff might be declared the sole and exclusive owner of the chattels in question ; that the defendants respectively might bo decreed to drliver up possession of the same to the plaintiff ; and that they might respective be restrained by injunction from porting with the goo ds to say person other than the plaint:tf. The questions were—first, whether the court had jurisdiction to protect, by injunction, the possession, and decree the delivery up of specific chattels, though the loss of such chattels might be adequately compensated in damages; and secondly, whether the evidence of agency on the part of Elizabeth Webster, and of the identity of the goods claimed with those left in her charge, was sufficient to establish the plaintiff's title to a decree. His Honour, who had reserved his judgment, observed that there could be no doubt that the court, in a proper case, had jurisdiction, at the instance of the owners of goods, to prevent improper dealings with the goods by their agents, or persons filling the character of agent; and that the right to be protected in the use or beneficial enjoyment of property in specie, was not confined to articles possessing any peculiar or specific value. The question as to the plaintiff's title to the goods was more open to doubt; and as the case disclosed by the pleadings and evidence in the cause was not such as to entitle the plaintiff to an immediate decree, the bill should be retained for a year, to enable him to establish his title at law. COURT OF QUEEN'S BENCH. roans.—Sittinp at Guildhall, before Lord Denman and a tom mon jury. ROOFER LAIIRIL—LIABILITY OP A MEMBER OP THE PROVISIONAL COMMITTEE OP A RAILWAY COMPANY POU ADVERTISEMENTS OP THAT COMPANY.—Mr. Martin, Q.C., and Mr. Hughes were counsel for the plaintiff in this case, who sought to recover the balance of an account for adver tisements of a project:called " the Great Western, Southern, and Eastern Counties, or Ipswich and Southampton Railway Company." It was sought po charge the defendant, as a member of the provisional committee of that company. The evidence on that point was, that the name of the defendant was forwarded to the promoters of the com pany, by a gentleman named M'Dougall , for insertion in the list of the members of the provisional committee, and that the defendant on the same day expressed his approval of Mr. M'Dougall having so forwarded it. On all other points in the case the counsel on either aide came to an agreement during its progress.—Mr. Butt, Q.C., with whom was Mr. Warren, submitted, on behalf of the defendant, that the plaintiff must be nonsuited, as, beyond the simple fact that the defendant was a provisional committeeman, there was no evidence to fix him, no evidence of his having attended, or having been summoned to attend any meeting, of his having seen any prospectus containing his name, or having known that such a prospectus existed. Lord Den man, however, refused to stop the case, and Mr. Butt they submitted the same argument to the jury on the question of fact. Lord Denman told the jury that the que4 ion was, whether the defendant bad emp l oyed the plaintiff to do this work. The affirmative of that question might be proved by showing conduct on his part that raised the impres sion that he was one of a body of co-contractors, constituted for the particular purpose which the work subserved. The defendant mast have had some intention when ho authorised his name to be inserted in the list of the committee, and it could not be supposed that such inten tion did not extend to the publishing his name to the world in connexion with the project. The question then would be, what inference had any one of the public a right to draw from the fact that the name was so published ? The answer was, any inference which the terms of the prospectus justi fied, and such inferences also as the jury thought were to be deduced from the meaning which their exlie rience and knowledge of the world would tell them had been understood to attach to the consent to be a member of a provisional committee, at the time ithad been given. If they thought that thereby was understood, and must have been intended, an authority to pledge the de fendant's credit for everything necessary for carrying out these projects, for constituting this company; if they also thought that advertisements were necessary for constituting the company ; then their verdict ought to be for the plaintiff. The chief question for them, therefore, was this : —Could they, or could they not, in their consciences say that the defendant, by authorising his name to be inserted in the list of the members of the provisional committee of this company, had held out his name to the world as that of one ready to pay for such work and services as might be necessary for forming it ? The jury at once returned a verdict for the plaintiff. A bill of is:- eeptions was tendered, and Lord Denman acceded to an application for a copy of his note, in order that the bill might he drawn up therefrom. A verdict wu taken for the plaintiff in two other cases, arising out of the same trans action, subject to the ultimate result in this. i Il i take from sac this injunctio . I system upon s The Vice-C 'i .. by injunctiot I work, the ma that when b all p laintiffs' Bth sec. of t j 1 ' nion the pleb derivative co] satisfy the te to give a new I . I) '''' meaning the) to time, con expressly suit be paid for. 1 Meows. Long salary and ti . , supplied the - ' in the Medic the Gazette, ' should belon, it was not at t contribution clearly was, plo ed a ix I i suc h articles belong to tt have the Cl the articles affidavit of I person editil all the art for had b contributors 1 circumatanc Company 1 under the 11 sistent with 1 the gentlem had been a by the prop in the affids said that if i in certain I copy them li the express honesty and infirmity in , the plaintiff 10i i WOOD W. :i l l TO DUCREP T argum, 1 I. M he r. Roma] . 1 and Mena i 1 if Bilton, for that certaic placed in . I held by hi in breach executed a .1 whom they against Eli ll , executed th i declared tl 1; 1 . ~. i i .. • . •• at THE EXPRESS, THURSDAY EVENING, DECEMBER 24, 1846. Webby, 345), and argued that there had been here a bona fide demand and not a voluntary or fraudulent preference. Mr. Russell appeared in support of the fiat. The chief judge said that the fiat could not be annulled without a trial at law of the question of fraudulent prefer ence. The advertisement, however, should he stayed in the mean time. The admissions to be made, and the action, and the other terms on which it was to be brought, were after wards arranged between the parties. Ex PARTE BARTON, RE HARMAN.—Ex PARTE KINODON, RI PINNER.—£IO AND £2O OFFICE FEES.—Mr. Sturgeon appeared in support of both these petitions, which involved the question, which has been so often raised, as to the right of the public treasury to have retained the office fees of 101. and 201. (payable on the choice of assignees) as against the solicitor suing out the fiat. It will be remembered that there is a difference of opinion between the Court of Review and the commissioners on the point; the Court of Review having, in several cases, ordered payment of the solicitor's bill to the exhaustion of the assets in hand, when there appeared no probability of any choice of assignees ever taking place. In one of the above petitions the commissioner was repre sented as having dccliocd ordering payment to the solicitor, on the ground that he was not to be called on to decide, whe ther it was probable that a creditor's assignee would be chosen. The Chief Judge said the question was about to be brought before the Lord Chancellor, and that the petition had better stand over till his lordship had decided the point. COURT OF BANKRUPTCY. Beftre Mr. Commissioner lunbisnque. PETITION D15131188E1) FROM INFORMALITY.—Art insol vent, named Wicker, an attorney at Chichester, came up for his interim order. He was opposed upon the ground that the petition was incorrect, and that the insolvent had not in serted the debts due by hint under a former insolvency in his petition. One of the objections taken was clearly a clerical error, but the act of parliament did not allow the petition to be amended.—His Honour dismissed the petition. IN RY. FARRER.—This insolvent came up for interim order.—Mr. Cooke opposed under these circumstances: The insolvent had dislocated his wrist, and was attended by Mr. Wildbourne, a surgeon. Fencying, however, that his cure was not so complete as ought to have been, he brought an action against Mr. Wildbourne for unskilfulness; but two or three days after the trial, which was gained by Mr. Wild bourne, and before he could get his costs, which were heavy, the insolvent made himself a bankrupt, and obtained a cer tificate. He (Mr. Wildbourne) was shut out Irons proving under the bankruptcy, but the insolvent haling tiled another petition, the present opposition arose. The insolvent said tLat he had now entirely lost the u..e of his wrist, and being a poor man, he could not contend against a body of surgeons who were against him. His Honour would grant the interim order, and de fir his decision until the final order, as he could have to re-try the action. Before Mr. JUDGMENT, IN RE ASLIDOWN.—The bankrupt, as our readers will recollect, was an ironmonger at Chatmore. His Honour said,—l have carefully read over the examinations which have been handed to me, and I cannot but say that the bankrupt has acted in direct defiance to the principles en which the bankrupt law is founded. I must believe that before the bankruptcy he intended to conceal property ; and had it not been for certain facts which made the circum stance of the concealment impossible, the bankrupt could not do otherwise than he did. At one time I thought I could not do otherwise than refuse the certificate; but I feel a great difficulty in giving a punishment which is to last for life. Had there been any pressure upon him, which tempted the removal of this property, I would have given him the benefit of that pressure. If this bankrupt had done that which he ought to have done when he was not in good circumstances, he would have passed through this court. This is a case which in strictness calls for the refusal of the certificate ; but taking all the circumstances into considera tion, I shall suspend the certificate fur four years. Mr. Duncan applied for protection, which was refused. SECONDARIES COURT. Before Mr. Secondary Potter. GOLDSMID V. COW:N.—LIABILITY OF A lIVSRAND UNDER ♦ CONTRACT MADE BY HIS WlFE.—This was an a,tion brought to recover the balance of an account for goods sold and delivered to which the defendant pleaded that he never was indebted, and if indebted, that the plaintiff had been paid. In April last, the defendant's wife went, without the knowledge of her husband, to the plaintiff, a dealer in Bir mingham goods, and purchased a plated tea and coffee service for which she agreed to pay 71., and on receiving the invoice she paid 51. 10s. on account, which was acknowledged there oc. When the defendant saw the service, and knew its price, he sent it back again to the plaintiff, demanding a re turn of the money. The plaintiff, however, demanded the balance. The defendant hereupon informed against the plaintiff at the Stamp-office for having given a re ceipt for more than 51., otherwise than on a stamp, for which he was fined M. The plaintiff's witnesses swore the price charged was a fair retail price. In defence, it was contended, and witnesses swore, that the goods were not worth 3/. 10s.—Mr. Hawkins argued, that assuming the wife to have had the authority of her husband to order cer tain goods, she was not empowered to enter into any special contract as to price, which could bind the husband, and that were such contract entered into, the husband could not be compelled by it to pay more for those goods than their real worth.—Aßer some diuussion, the learned Secondary asked the jury if they were satisfied that a certain price had been agreed upon.—The jury replied by a verdict for the plaintiff for the balance, kl. Is. fxl. MIDDLESEX SESSIONS. Before Mr. Serjeant Adam., theMpistant Judge. RAILWAY RoIitiEHIES.--John Morrell and Robert Enter ton, two porters lately in the service of the Loudon and North Western Railway Company, were indicted for having stolen on the 12th inst.'s quantity of tea, the property of the said company. A constable, nnmed Bates, deposed to having seen the prisoners on the evening of the day in question very busily engaged searching for something at the rear of a lug gage train, and his suspicions being aroused by seeing Morel hand something to Emerton, he took them into cus tody, and on searching them he found the tea, which proved to have been extracted from a chest in one of the luggage vans.—The prisoners protested that the tea was scattered on the ground and they gathered it up. The jury found the prisoners Guilty, and the learned judge sentenced them each to six months hard labour. George IVilliants, aged 16, was indicted for stealing a port- manteau, the property of Mathew Rogers, from the Padding ton terminus of the Great Western Railway. The rrisoner was detected through the vigilance of an omnibus conductor, named Joseph Richardson, who deposed that on the 10th inst., while waiting at the Paddington station, the last Bristol train came up, and the prisoner handed up a port manteau, and took an outside seat on the omnibus, wishing to be set down at the Bank. When they arrived at the Kings and Keys is Fleet-street, the prisoner said he would get I down, claiming a carpet-bag, which, however, was owned by a gentleman, and the prisoner proceeded to Bridge-street, Blackfriars, where he got down and asked for the portman teau and another carpet-bag. Witness delined to let him have the bag, as he had not seen him with one at the station, and from some prevaricatory answers regarding the portmanteau heinsisted on taking the prisoner back to Pad dington where he was detained for the night, and on the fol lowing morning the portmanteau was identified by the pro secuter.—The jury found the prisoner Guilty, and he was sentenced to six months hard labour. The court rose at three o'clock, the business of the SCSEIOII Defog disposed of. POLICE.- _ Y ESTERDAT. —— GITILDHA.LL.—BaNzvoLENez. — The annual donation of 101. from the Goldsmiths' Company, for the poor-box, has been duly received. WORSHIP-STREET.—CIIARITY.—The following con tributions to the poor-box of the court have reached the hands of the magistrates, who requested their acknowledg ment by the press, according to the wish of the benevolent donors : The usual annual remittance of 10/. from the Goldsmiths' Company; the second half of a 101. note from 8.A., the other portion of which had been previously trans mitted; a 61. bank note, No. 36,327, from W. W. F. • and the first half of a 51. note from B. C. who will forwa;d the remaining moiety when the former shall be acknowledged. The sum of 10s. has also been received from H. F. 8., Park bill, Newton Abbott, for William Cotton, the disabled sol dier, whose case has lately been so often before the public. MARLEOROUGH-STREET. —A JusricE OF PEACE. Mr. Walter Jones, a county magistrate, was sum moned before Mr. Hardwick, for having threatened to " crush and to break every bone in the skin" of Mr. John E. Lovegrove, proprietor of Fladong's Hotel, Oxford-street. Mr. Lovegrove stated Mr. Jones was stopping at his hotel, and on Sunday night, about ten o'clock, he sent a written notice to Mr. Jones to quit his house, as he wanted the room he occupied. About half an hour after this, Mr. Jones came into the bar, and gave him a volley of abuse and threats. Among other threats, he said " if he had not given a promise to the contrary to his (complainant's) sister, he would have broken every bone in his skin, but, as it was, he would have his revenge before he had done with him." These threats were afterwards repeated to a witness who was in court —One of the servants proved the groat dis turbance made at the hotel by the defendant on Sunday night. Mr. Warren, an attorney, said the defendant called on him after the disturbance, and requested he would be present at an interview he was about to have with Mr. Lovegrove, for if no one were present he was certain he should com mit some violence. —The defendant, in reply to the charge, said, the complainant was his brother-in-law. He had come from the country to nurse the complainant's father, and had carefully attended on him for several weeks. When the old gentleman died a will was produced, which constituted the complainant, with but trifling exceptions, the sole heir of his father. Recently, his brother-in-law had treated him with great abuse • indeed, to such an extent had his brother-in-law carried his irritating conduct and his in juries, that he considered he had strong provocation for using the language he had uttered. He, however, denied that he had any intention to commit an assault on the complainant. —Mr. Hardwick said it appeared to him that the case was one which made the interference of a magis trate imperative. The defendant talked of strong pro- vocation and injuries, and even if there were any ground for such complaints, the proper course was to resort to the courts of law, and not to threats of personal violence.—Mr. Jones said he bad only said he would have resorted to violence bad he not promised his wife to the contrary. He was in the commission himself, and it was therefore unlikely he would seriously contemplate a breach of the peace.—Mr. Hardwick replied that the defend ant's violence of manner towards the complainant made it very doubtful whether the promise he had given to his wife would have sufficient force to restrain hint from committing an mama, As a magistrate, he ought to know if the cora plainant had doe him any wrong, that he must apply to the courts of law for redress, and that under no circumstances of provocation ought he resort to threats of personal violence. Enough had been proved by the witness, and even by the defendant, who asserted he had strong provocation fur what he had done, to require him to put in bail, himself in 1001., and two sureties for 501. each. BENEVOLENCE.—For the poor-box, M., from the directors of a private evening concert at the Hanover-square Rooms. — The second half of* 51. note from E.C. has been received. — From the late Miss Mary Briggs, 51., through her executors. MARYLEBONE.—Cnanivv.—The latter halves of two 51. uotes were yesterday received for the poor-box of this court, one of them from J. W., and the other from E. C. A. 51. bank note was also sent for the like benevolent abject, from the Executors of the late Miss Mary Briggs, of Nightingale-Tale, Woolwich. LAMBETH: ALLEGED CRUELTY TO AN INFANT.— Yesttrday, Emma Allen, a young woman at present an in mate of Lambeth Workhouse, was brought before Mr. Elliott, by order of Mr. Bushell, one of the Guardians of Lambeth pariah, charged, on the evidence of several witnesses, with being i u the habit of treating her illegitimate infant with great inhumanity.—Mr. Johnson, assistant to the parish surgeon, deposed that he had attended the prisoner's child for some time, and did not at any time perceive any marks of violence upon it. The prisoner did not appear to be over kind or at tentive to her infant —Mr. Bushell here said that the ma tron of the ward had frequently spoken to the prisoner about her negligence and treatment of her infant, and he wished to ask the prisoner what her replies used to be.—Prisoner : I always told her I had a right to do what I liked with my own.—Mr Elliott : This expression, together with the evi dence that has been given, satisfies me that you are a person of very violent temper, and that you have not treated your child as you should have done, find my order, therefore, is, that the child be taken from you, and sent to the nursery, and that you yourself be taken back to the workhouse, until you can provide yourself with a situation.—The prisoner was then discharged, knd removed from the dock. SOUTHWARK.—W. Eels, a porter in the employ of the South-Eastern Railway Company, was placed at the bar before Mr. Seeker, charged with stealing various articles from packages transmitted by railway.—Mr. Shaw, a clerk in the luggage department of the above railway, stated that of late considerable property contained in leaving packages have been pilfered. That morning, on the arrival of one of the early trains, the prisoner, with others, had been engaged in unloading a van containing baskets of herrings, boxes of oranges, and also of onions, and was in the act of quitting the terminus when witness, perceiving that his pockets pro jected out from his person, railed him into his office and in sisted on examining their contents. The prisoner, however, demurred, but was compelled to undergo a search, when it was found he had taken herrings, oranges, and onions out of the packages which he had been previously en gaged in unloading from the luggage-train. Upon this discovery the prisoner was immediately given into cus tody. In reply to Mr. Seeker, the witness said the prisoner had been five months in the company's service, at good wages, and that until the present occasion his character for honesty was not impeached.—The prisoner declared it was the first time he had ever taken anything of the kind; that he bad always borne an upright character, and that pre viously to his being employed on the South -Eastern line he had been two years in the service of the Brighton Railway . Company, from whom he had a written character for honesty and sobriety.—Mr. Seeker said, that under all the circum stances, instead of sending the prisoner for trial, he should deal summarily with the case, and commit him to Lewes Gaol for 14 days for unlawful possession. THAMES.—Tae Fientes' EXPEDITION.—Mr. Adder ley Wel!cocks Slr gh, K. T.S., who, it was understood , was to have commanded the squadron intended to aid Gene ral Flores' expedition, was brought before Mr. Yardley, charged by Inspector Evans, of the riser police, under the 59th Geo. Ili., cap. 69, sec. 2, with unlawfully enlisting Bri tish subjects to serve under a foreign power, without the sanction or consent of her Majesty. Mr. I'otberry, solicitor to the Board of Customs, who attended for the prosecution, said, that as the defendant had only been just arrested, the case was not in a state for thorough investigation just then, but he could produce evidence sufficient to warrant a re mand to this day. He then called John Wyming, of No. 9. Crown-street, Westminster, who deposed that he was an Englishman, and had served in the Portuguese legion. About seven weeks ago he was engaged to act as sergeant in a corps going to the Equador, and was told at the time that he would be certain of promotion. On the 15th ult., he saw Capt. Sleigh, with whom he had served on the continent, and, who was passing 200 or 300 men as they were examined by the doctor. The captain told the men they were going to the Equador, where the privates were to have 6 dots. per month, the corporals 8, and the sergeant 12, with clothes, rations, a house, two bullocks, and a milch cow each.— Witness heard something mentioned in the presence of the prisoner about the men thus engaged being called emigrants, but he did not hear the term soldier used, unless the term scrjcant could be so construed. A promise was held out to the men that they would find most comfortable accommoda tion on board the vessels engaged for the expedition, namely, the Monarch, the Neptune, and the Glenelg. Witness had instructions to enrage all the old hands he could Collin with, and acted in accordance with these instructions, and his mode of doing so was after the usual way of military enlistment. Ile had no doubt that be himself had been enlisted for some foreign military service.—Thomas Rinings was then called, and gave similar testimony. The defendant, however, told some of the men that they were going out as emigrants, whilst he told others that they were going out as soldiers. The defendant, a fine agile look ing young fellow, about 30 years of age, whose handsome features were deeply bronzed by exposure to various climes, and who looked more like a Spaniard than a native of the sister isle, while, it appears, is the land of his birth, ached, with a tone of mingled surprizc and composure, " What is the charge."—Mr. Yardley : That of unlawfully enlisting British subjects to serve under a foreign power without the sanction of their sovereign.—Captain Sleigh : Why these men have already served under a foreign power ; and I am not aware that they had such sanction.—Mr. Yardley : That does not form the question now before me.—Defendant (Glancing contemptuously at the witnesses) : I do not pretend to under stand the question, for my solicitor isnot here. All I know is that these faithful followers who tell you that they fought with and served under me in Spain have been brought here for some paltry purpose that I cannot fathom, and I am glad to find that General Flores' expedition is not likely to be disgraced by the services of such despicable wretches. They solicited the service from me, for they sought me, and not I them. It was unnecessary for you, sir, to issue a warrant for my apprehension; the slightest inti mation that my presence here would be necessary would have instantly brought me. Ido not feel myself at all dis graced by my position, for, being bred to arms, I would, in the pursuit of my profession, engage in any foreign service not opposed to my own legitimate sovereign. Mr. Yardley held the prisoner to bail to answer the charge at the Cen tral Criminal Court, himself in 200/., and two sureties of 1001. each, but he will be brought up again this day to complete the evidence. COURT OF EXCHEQUER. Nisi Pen's.—Before Sir P. rollosih C. 8., anis tendon Epecial Jury. CLARK V. REMEDY AND EDWARDS —FALSE IMPRISON MENT.—FOROED RAILWAY SCRIP.—This was an action to recover compensation from the defendants, for having caused the plaintiff to be imprisoned upon a charge of having uttered forged scrip of the Buckinghamshire Railway Com pany. The defendants pleaded net guilty, and a justifica tion stating that a forgery had been committed, and that reasonable and probable cause existed for believing that the plaintiff was implicatedin it. The case, which was part heard yesterday, was resumed this morning, and occupied the greater part of the day. It appeared that a Mr. E. Richards, secretary to the Kentish Coast Railway, was indebted to Mr. Robins, a stockbroker, in the sum of 501. upon certain railway dealings. About the month of April last, during Robins's absence from London, Richards went to his office, and saw the defendant Edwards, who was clerk to Mr. Robins, and to whom he handed fifty shares in the Bucking hamstire Railway, together with a receipt for the deposit of two guineas per share. Richards directed Edwards to sell the scrip, and to retain the stun due to Mr. Robins. Some time afterwards, the plaintiff, who had a desk in the Hall of Commerce, and had been formerly engaged in the lace trade, in which it appeared he was not very successful, was introduced by Richards to Edwards, as • person anxious to dispose of some more scrip in the Buckinghamshire line, and a stipulation was made by Richards that one per cent. only should be charged for commission, and that it should be divided equally between Edwards and the plaintilf. Upon this understanding the plaintiff gave Edwards 50 shares, in return for which he got a cheque upon Glyn and Co., Robins's bankers. The shares were resold by Edwards, when it was discovered that they were forged, and two per sons, named Falkener and Fabian, were charged with the offence and brought before the magistrates to answer for it. It appeared that Richards knew something of both those parties, and the fact that the plaintiff had been introduced by Richards to Edwards excited some suspicion to his pre judice. An interview subsequently took place at Mr. Robins', office between the plair_tiff and Mr. Edwards, a barrister, who is brother of one of the defendants. The plaintiff was then required to refund the money he had received for the scrip, as they proved to be forged. He then stated that he was merely Richards's agent, and had handed over to him the sum he had received ; how ever, sooner than any one should lose by him, he offered to pay 101. down, and to give security for the payment of the remainder. This arrangement was assented to, and was about to be reduced to writing, when Mr. Newsom, the other defendant (father-in-law of Mr. Robins) interposed, and said that his son-in-law's character and position in the Stock Exchange market rendered it utterly impossible that he should be a party to any compromise of so serious a charge as that made against the defendant, and that the whole affair should be publicly investigated. The plaintiff expressed his willingness that the matter, as far as he was concerned, should be fully investigated, stating that Richards had got him into it. The defendant then, la the absence of Mr. Robins, gave the plaintiff into the custody of a police con stable, on the charge of having uttered the scrip certificates in question. Edwards joined in the charge, and the defendant was brought to a police station, and next day before the Lord Mayor, who, on the first impression, thought the charge so serious, that he refused to take bail, and the plaintiff was committed to the Compter, where he was detained from Monday till Tuesday. He was then brought up to be re-examined, and Richards having stated that he had given the scrip certifi cates to the plaintiff, who had no means of knowing they were not genuine, be was discharged from custody. Sir F. Thesiger, Q.C., with Mr. Mellor and Mr. James, conducted the plaintiff's case, and called Richards, who dis tinctly swore, that not only the plaintiff, but he (witness), had no reason whatever to believe the scrip certificates were forged. He also deposed that he did not introduce the plaintiff as the principal to Edwards, but explicitly informed him that he was a broker. That was his reason for stipulat ing that he should have half per cent. out of the commis sion on the transaction. _ . _ Mr. Watson, Q.C., and Mr. Greenwood, were counsel for the defendants. . The Lord Chief Baron (summing up) said that the sus picion which rested upon the plaintiff arose from the un happy connexion between him and Richards; but there was no reason for supposing for a moment that he had any parti cipation in or knowledge of the forgery. It was for the jury to say whether the defendants were justified, under all the circumstances, in believing that the plaintiff was implicated in the transaction. If the offence amounted only to a mis demeanour, there ought to be a verdict for the plaintiff; and the point as to the character of the offence would be settled hereafter by the court in banco ; but if they supposed the offence with which the plaintiff was charged amounted to a felony, then the question was whether the defendants, having regard to all the circumstances, had reasonable and probable cause for giving the plaintiff into custody. The jury distinctly expressed their opinion that the plain tiff was perfectly exonerated from any guilt whatever in the matter, but they found a verdict for the defendants upon the special plea of justification, on the ground that reasonable and probable cause did exist for suspecting that the plaintiff was implicated in the forgery. The learned judge observed that the plaintiff had suc ceeded in completely exonerating and vindicating his character.—This case terminated the present sittings. COURT OF REVIEW. PASTE.—ILDVERTISENIESIT OF BANKEPTCT STATED TO ABIDE RESULT OF TBIAL.-ThiT wu the petition of the bankrupt to have the fiat annulled, and to have the advertisement stayed in the meantime. We omit the name, as the court decided that the bank ruptcy was not to be advertised. The petitioner admitted the trading and the petitioning creditor's debt ; and the only question was as to an act of bankruptcy haying been committed. The act of bankruptcy relied upon in support of the flat was an alleged fraudulent return of goods of the value of 121. 6i., in contemplation of bankruptcy. In support of the petition it w: a stated goods had been sent to the bankrupt to the amount of 801., upon an agreement for sale or return. It was stated that the traveller for the house supplying the goods, on again visiting the town, to which they had been sent, found the bankrupt in difficulties and I,reseed for and obtained a return of the portion in question of the goods. Mr. Swanston and Mr. Daniel for the petition, referred to " Hartshorn V. Slodden" (2 Bonn quet and Puller, 682), and Mogg v. Baker" (4 Meeson and MONEY MARKET. WEDNESDAY EVENING. The funds took an unexpected start this morning. Consols were quoted at the commencement of husiness 931 to 1, the same as yesterday, but sometime afterwards they advanced to to 1, and shortly before the close of the market to 931 to 4 for the opening, at which rates they left off, having actually been done at 91. It is probable that the recent failure in the house of Mr. Hawkins, referred to at the time without naming the party, may have had some thing to do with this rise. He was what is technically called a "bear " of Console, that is, bad sold on speculation to deliver to the amount as reported of 120,0001. Those to whom he had sold, and who in their turn must have resold a large proportion of these speculative purchases, being thus lett uncovered have had to come into the market and get into stock to the amount to meet their own obliga tions. As the circumstances would be well known from the books or accounts of the defaulter, the jobbers raised the I price' on the parties thus coming forward to replace them selves in stock. It is possible also that the improvement in foreign exchange yesterday, may have had some influence in giving a firmer tone to the dealings. Reduced Threes advanced to 941 to 1. Three-and-a-Quarter per Cents. to 95/ to 1. Bank Stock was 2051 to 61. Exchequer Bills Bs, to lls. premium. In foreign stocks the transactions have been unimportant, but in some of the more speculative an advance in prices may be noted. Mexican are now quoted 24 to 1, and were done at 241. Brazilian, 861 to 71. Spanish Fives, 261 to 1 ; the Threes, 371 to 81. Portuguese. 381 to 91. DutchTwo-and tallalf per Cents, improved to 602 to 1; the Fours, 921 to 31. The returns of the average note circulation of the several banks of issue in Ireland and Scotland, and of the coin held, for the four weeks ending with the sth instant, show the following results: - • - • • • ' • £7,839,530 3,996,857 Utah bash*, average circulation' Scotch banka, average circulation Total circalatios 11,636,397 Irish banks, average coin Scotch banks, average coin Total £3,934,217 The total fixed issue of the Irish bank. being 6,334,4911., it follows that they were 1,48.5,0361. in excess of it, but, as will be seen from the stock of coin in hand, were amply pro tected. The total fixed issue of the banks of Scotland being 3,087,2091., it follows that they were above the amount by 909,6481., with coin in hand for more than sufficient pro tection. The comparison of these returns with those for the four weeks preceding, ending with the 7th of November, shows an increase in the Irish circulation of 2,7051., and of gold and silver coin of 84,549/. The same comparison shows an increase in the note circu lation of the Scotch banks over the previous returns of 231,593/., and of specie of 136,0101. The yearly comparison with the return of December 6, 1845, shows an increase in the note circulation of the Irish banks of 122,7001., and of the Scotch banks of 192,8261. As the Act of Parliament for the regulation of Scotch and Irish banks was only passed in December, 1815, those banks were not called upon to make any returns of specie, and did not, until the month following. ENGLISII FUNDS. Bank Stock, 2051 5 Bank Stock for account, 2966 S per Ct. Red. Anne., 91114 Console for ditto, 931 / 4 New 31 per Ct. Anna., 95/ ; Er. IBID., 1,0001, 1;d. 811 Long Anna., 30 years, Erp. 10th Ditto, 5001., 811 Oct., 1859, 9 11-16 Ditto, Small, 8 11 FOREIGN FUNDS. . _ . _ 5 per Cent Brazilian New Bo nda - , - 3 per Cent. Spaitiah Bonds, Acct., 1829 and 39, 87 Dec. 31, 38 5 per Ct. Nlexican Account Dec. 31 1 2,1 per CI. Dutch Exchange, 12 24 3/ 41 Guil., 44 6 per Cent Peruvian Bonds, Acct. 1 Ditto Account, Dec. 31, 604 I Dec. 31, 38i 4 per Cent. Dutch Certificates, 93 ; PAMIR, DI i 51;;;7. I °peals/. Blithest Idaweer. Pads and Orleans 1163 1 113 1263 1133 Paris nod Romeo . H 7 50 1 WS 910 91.4 50 Rouen and Havre 60. Si? SO Centre (Vaarroo). 601 ; ON U 610 666 13 Bordeaux .. . . 5.:1 30 , 560 North .... . . . 647 10 : 613 040 75 la 3 73 11113 410 642 50 Gls 73 MISCELLANEOUS NEWS.—THE WiNnson Ltxr.s. —A meeting of the inhabitants of Staines and nevemd neighbouring townships was hekl yesterday, which WWI addressed in succession by three membens of the direction of the South Western Compuiy, in snpprirt of the Windsor, Ronan, and South Western line. Nobody appeareil to represent the Great Western, and no one appears, from the report trarsmitted to as, to have advocated their scheme. Yet the following resolution wan gravely moved, necnded, and adopted: "That this meeting, having considered the relative merits of the projected schemes (for affording railway accommoda tion to the parishes and places before mentioned in the no tice calling thin meeting), an: promoted by the Great Western and South Western Railway Companies respectively, are of opinion that the lines proposed in connexion with the latter railway are calculated to accommodate the traffic of the district in a manner Lr superior to that projected by the Great Western Railway Com pany; in addition to which they offer a position and choice of stations in London which it is utterly impossible to obtain icy means of any lines connected with the former; and thin meeting therefore pledges itself to support the Wir.dsor, Staines and South-Western scheme by every means in its power." A second resolution, respecting the ad dressing of petitions to the legislature, in terms of the Ant, was also passed. _ _ . - - - HITCUEN AND ROVSTON. —Mr. Brassey has just taken the contract for this line, which will bcopen simultaneously with the Lon and York from nitelicn. WITHAM, ItIALDON, AND BRAINTREE is now set out ready for the works to commence. By this line, which will be extended from Braintree to Saffron Walden, the county of Does will be con. meted with the University of Cambridge. RAILWAY MOVEMENT IN NEW SOUTH WALES.—The following report from a committee appointed at a previous meet ing to collect information relative to the introduction of railways into the colony was presented to a meeting of merchants and gentlemen, held at S ydney , , on the 6th of August lan " Your committee having enquired into the expenses of forming railways, and having been informed by several r neineere that on the Gouldburn line there arc no serious engineering difficulties, are of opinion that the cost would not exceed 6,0001. per mile, making the capital required for the southern line about 730,0001. The estimate fur the present traffic in goods and Inesenscrs Kits an aggregate of 66,242 f. per annum, and assuming that by the time the railway could be brought into complete operation the revenue would have been increased to 100,0001. per annum, and the cost of working would be 401. per cent., there would be s net profit of 60,0001, or 8 per cen_ on the capital. This portion of your committee's report was brought up to the 26th of March. It was adopted by your committee, but from information which has subsequently ranched them they are inclined to think that 6,0001. per mile for coasts' uctiug the line would be found too high. They have reason to believe that wooden rails would be found to answer every parpone, and that wooden bridges, and viaducts' might be advantageouely adopted, and it is unnecessary to observe that in a country where timber of the best description for railways is PO abundant as in New South Wales, this method would erect a great saving. Your committee have much pleasure in report ing that a survey of the route, between Sydney and Gouldburn, by Mr. Thomas Moore, has been submitted to them. By this route Sydney would be connected with Paramatta, Windsor, Penrith, the Cowpasture district, and Gouldburn, by lines not exceeding altogether 1241 miles, whilst the range of country which would thus be brought within the operation of the railway contains • population of 112,600, and if the Port PltiHip district may be considered as coming eventually within its scope, the number of would be no lees than 142,000 out of • population of 17 ' 8700 8 . Of the vast importance of such an under:eking to the government, as well as to the colonist, and, in some sense, to the mother country, as well in to New South Wales, it would indeed be superfluous to speak at any length. In developing the resources of the colony, and multi plying its facilities for the production of wealth, railways would of course suteerve the interest of the colonial treasury, and extend our commercial intercourse with Great Britain. It is therefore not too much to expect that the government should look upon this enterprise with a favourable eye, and extend to its promoters whatever asniet ance they require. (Signed) CHARLES Nummaos, Chairman.—The report was adopted.—A committee was then appointed to wait upon , his Excellency the Governor, to ascertain to what extent the govern ment would be disposed to assist in the introduction of railways into the co!ony. LILLE AND CALAIS AND BAZEBROUCK AND DENXIRK BaAscimt.—The works for the establishment of these branches are prosecuted with vigour. Between Lille and Armentieres nothing cer tainly has been done, the administration not having as yet pro nounced upon the plan for that portion of the line ; but between Armentieres and the commencement of the Ilazebrouck and Dunkirk branch, 20 small bridges and aqueducts have been almost finished. At the end of last month the arches of the bridge of the Lys were corn pleted, but the centres will remain in until the fine weather, and, in the meantime, the works on the road be proceeded with. Prom Hare brouek to Dunkirk the ground has been purchased and the line staked out, but the severity of the weather hats prevented the commencement of theworks, and all that can be done la to provide the materials for carrying on the operations next spring. LYONS AND GENEVA.—The railway COulMialioll which tact at Bourg terminated its sittings on Monday. It pronounced in favour of the plan which would take the Lyons and Geneva line by Nantua, without, however, excluding the direction of the valley of M. }lambert, if it should receive the approbation of the council-general of posts et ciausseet. As to the plan by the valley of the Isere, it was unanimously rejected. The commission also adopted the line from Lyons to Besancon, by Bourg Sous-le-Ssubticr and DOle, as being the beet for the public interva. This line will have one section common with the Generme, from Lyons to Pont d'Aire. The commission also recognised the utility of a branch to Nikon. ''GREAT LEXEMROCRO.—The directors of this line have requested permission from the government to ikteraCCl the national property lying between Watermael and Csenendeo.o _tafig t. If the request be granted, 2,000 labourers will tely set to work. be iftt, COMMERCIAL AND MA RKETS. PRODUCE.— hi:semi-urns, Dec. IL—There ha, n 4 t, beep i rale of colonial prceluce to day, and the Mimics/ of the after d 4141 the market shows the near approAch of the holidays and th e it the year. Sugar : 150 hhds. told without alteringm era l Clillga geassins dull, and mink considetedlperlb.lower ugliest point of the market. Tallow continues firm, 315., s; .4 1 7. the spot. Rum dull; proof Lecwards, 2s. 61. 'Maids' okay; " age 1844,punch/oink 36. 3d. libds. Nutmeg s: „TM. portation only sold at 2s. Bd. to 2s. 10d. Terra Japord e , cor r Lt. sold in public sale at 12s. 6d., which was the precious price. mains steady. The importation into London from Ist J December, has been 34,990,0001 b., of which 20,930004 vim The deliveries during the mine period were 33 , 3 90,0U01b. ; put./ 300,0001 b. consisted of Congest; the present stock on had, ••nib., of which 19,910,0001 b. consist of Congo,. T b . t z, 5t,350,- , - Kingdom is estimated at a b out 50,000,0001 b stock in the •e about 6.000,0001 b. In mem alas: Te— T . __The market coutint Mat OOTTON.—Livs: 466 r. • _ e wascelsthewmredt..d.uctio;i3ln,ooop:iceb.:‘,Bl73.ooothelllshprutat"llior. ^S a Mad. Is COALS, D,c. U.—pain% II; sold, 10, SVNIL.W.IILASD. 1 7. od IW. Belmont ........ 22, 176 Od I W. LLletton .... 226 ..... 19s 6tl I W.E.L.I2: I Aft ........... 274 Adair's OrifrinalTanfleM. Tanfteld M00r.... SIIIPPING INTELLIGENCE.—M Aris. Amt. DOS. tact. non! awe. net. as lig. 3 33 3 38 3 lu ItailaM .. 0 0 Indlavlaflontb.o 0 Menke W 2 Waterford .. 011 Flanders . o'o nydr.,N.S.W. ol 1 Hants J Oners. Danae l&Jen. 11 tzeDe 0,0 Ll l abas Dee. 26 Franco . . .0 1 0 II Halifax Dee. 30,0 B ans and Ne. I rull D... 7 0 Hamburg . . 110 Sediterran. . 0 GtueL.Exi , , tine. 23.—Arrived: Reby, St. Kitts; 9 , drion , A te ., Providence, St. Michael's; BOrdenui, Bordeaux ; Drawl, Am...., Triton, Ostend ; Ocean Bride, Honduras ; Arot, Africa; sub,, — ;;.• Shaw, New °denim ; Frederick Will •IV., ;is • Bombay; tw Helen, St. John's: Isabella Blyth, Mauritius; sw an. eannah Wm. Mowlem, Guernsey; Duchess of Bu-deurti, Ara Elizabeth, Calcutta; 1•11 tar Sonia.% New York : Seaton !quire, Sarrd. Azorian, St. 3lichaePs; John Marshall, Alexandria; Cekritv, European, New York ; Japan, Mauritius ; Prince A. Edward , it Miclurel's ; Messina; Concordia, Guernsey; Monarch, Ai d Zero, Harlingen; Brutus, Nassau; Harry, Piilau • Tartu ..A4 Patriot, Calcutta; St. Aubin, Nantes; lady ()origin, G Aurora, Terceira; Little John, St. Michael's ; Triad, Svilae: ; G .: : Paterson, Niborg; Economist, Dunkirk ; Prince Albert, and Gan nary. Sailed: Norma, Teneritfe; Turk, Azores; ysiraiac ; John Bull, Hamburg; Sir W. Wallace, steam-vessel Sir Edward Banks, for Ostend, has been ford of ''"• brig, and has returned with consieerable damage. OOi h Lin2al.ool., Due. 23.—Arrived Itoschn, New York; Monte Video Arica; l . ismehago and Ailea, St, J o h n Eagle, Miramichi; Abigail and Ceylon, Quebec; Moult, tensor; Idea and Eirtinton St. Michael's ; Brennus, Charente; um"! Ilambro t • CounnwilOre,Valroraisx, sailed in company with th e L i ; Wood and Sslaxissinkr ; Christina, Mauritius. [Advertesement.]—THE WOOLW ICH PREPARATOLT eenonrie—Shooter'..hill„Dee. 22.—Sut,--In your paper of Le; day, I read an ar itc referring to the state of the Weal Men., Academy at Woolwc le h, in which, having adverted to he:KAN maids which have been committed by some of the gentlemen cads te, ro e very properly exculpate the authorities; at the Academe from say m ope of vigilance in the performance of their important elem.., but, looking the possible inadequacy of the regulations under which those gentlemen formerly acted, anti not Ewing able ethere ise to omelet for the existence of the misiconduct referred to, you am en , le an repue . , ' tion of the fact, that at the schools weere the )(eine mne eernp ,,,,, i , their studies, previously to entering the .teolerny, teem is no %tens t ion paid to discipline, mends, or conduct." AS use of the pPISODS tO who n the preparatory education of the young gentler, has beet. t7l , trusted by the officers of artillery and Oiler frit rids, I feel that sou hare made an imputation upon my character as an instractor of youth, eo disgraceful, that no matt with a spark of self-repect could Die under it; I have therefore requested a gentleman, whose high meion y „ 4 character preclude the poseibility of his bring ate-story to any :menet at deception, to favour me with his opinion of the manner iu here discharged me duty; and have received from the Lett thief Justice of Ireland a letter, of whlnh the following is a copy, sad shit, I trust your sense of justice will induce you to insert to your journal, JOntlql Putt. (Corr.) Dec. 11. My dear Sir,-1 do not hesitate to say, that the paragraph whieti you have tear scribal from the Fortss, it meant to refer to nen school, in, to the best of my belie, unfounded and unjust. I have, on different occasions, expreieed to you my eathe eatiefaction with the care and attention which my sot et. perienced while under your tuition. They were ouch as I had res. son to expest, from the result of the minute and anxious inquiries which I felt it my duty to make, when I had deitermir.el oa havrig him prepared for admi-eion to the academy at Woolwich. If I were at liberty to mention the persons whose here - inn:dean led me to prefer yours to any other echeol, their testimony would hare at teat se much If not more weight than mine in repelling the charge oriental. tion to discipline, morals, awl conduct. Iklieve me o remain, mum faithfully, your obliged, humble arrant, JOS. I'AUI, Fsq. (Signed) J. Burman. (Advertisement.]—Sir,—ln your remarks upon the misconduct of the cadets of the Royal Military Academe, sad the investigation which bait been set on foot re-M eeting it, eat lined in your journal of Thursday last, you take occasion to bring a vies of charges of the most Injurious tendency against the Woileith Preparatory Schools. Ido not for a moment souse you, Sir, ef ia tention-illy and wantonly aiming at the el struetion of the charade of private individual.. You, doubtless, thought that vou were et. posing a serious evil, and, if what you assert were tru e, so t would be only doing good service to the more of simile, by making known the mischievous tendency of these schools as widely DA presage Toe cannot, of course, be acquaiiited with these matters Iron %road knowledge; you say, indeed, that you make these repriantatiore from information given to yu, and that, "of the accuracy of the statement you have no doubt. " Ido not blame pose ;I am ready to believe that the respectability and the position 01 your inf. =ants are such, that you felt bound to place huplicit chance, both on their veracity and their acquaintance with the subject in miation. Allow me, then, as the master of a school at Woelwicii, the mein object of which is to educate pupils for the Royal Military Academy, to give to theme charges an emphatic denieL In so doing, let me br cliatinet,y undettool to sprig only for myself. I know little of the apteni pursued in other eetablalimeiste similar to my own, though I have no reason for bee tiering that they are more deairviug of mown than I feel me own to be; but, I repeat, I alone am responsible for the contents of the pen itent letter. But I assert that misconduct of a serious nature is tare, and tenon the exception instead of the rule; that no misconduct whatever is systematically committed, and that proper means are takes to prevent ito repetition whenever it occurs; th It a constant euperin teneenoc is exercised over the pupil., and discipline strictly enforced; and that religious instruction, so fa r from being neglected, is duly attended to, and a portion of the scriptures daily read It seam to be t ither forgotten or unknown, that three peeper eery schools are, comparaUrely, of recent date. Did not the errors complained of in the Biaxial Military Acatkeity exist before a single preparation school was esiabliehed! Let °liken , who were cadets in the in.litutiva Mem or twenty years ago say whether the improprieties non first brought into public notice did not exist in their time, and even to a greater extent than at present. I am much mistaken if they could conscienticauly deny this while I cannot but admire the consummate address which contra's dexterously to divert the current of public odium front its proper channel, and seizes the present moment of excitement upon the aubicet of the academy as a favourable opportunity for injuring the schools, against which a secret hostility has beeil for a long time actively and ceaselessly exerting 'Dell, yet I leave it to others to deckle upon the justice of such a proceeding. The causes of this hostility it ie not difficult to divine. While the attack', were made only at t ains[ the system of tuition, the thing could he borne, as the subeemient progrea of the cadets educated in these misrule demon strate' its Noundneeit; but as the mode of tactics is new changed and the assault made upon the moral character of the meters, the Mohler is too imminent to be any longer deniers'. Woolwich-common, Dec. 23, 1846. OCOMOS FIU.P. LACEY ; [Advertisement.]—ALL HEAVY, SLEEPY, D N.A. ROWSY, AND IrOI.LSCTIC SYMPTOMS ISCDPIMATELY DEMOVIII or lIIILLOIVAT'S PIM:4-71cm ia often much danger to b' apprehended from attacks of paralyea or apoplexy, whenever any of the foregoing symptoms hang about the eyetern for any length of time. Such a state of things indicates much derangement of the stomach and liver, and clearly demonstrates a great want of purity in the blood. When this is the coo, not a moment should be hat in taking a few strong doses of theme celebrated pills, winch so thoroughly cleanse the bowels and stomach, while they act upon the liver and other organs, and thus restore the blood to its pristine purity.—Sold at Professor Holloway'. lettabliehment, 211, Strand, London, and by all medicine sellers throageout the civilised works Par Accosst. litsinest. {Lo.er t. STOOLS ABROAD. I 7 i 4 • ctmiur. so 00 1111 I 11111 63 I• IP • • • MD Ils 4i 1111 .1 so rs 3 per Cents. 6 Do. 118 IS . N 1)o. . .. 4 Do. . 104 Dalean 11,1010 1012 Do. 1,1842. log Do. 3, Do. 22, m •• I , . 1 Naples Demos 10i . : Rosel.osa 101 Treasury Mods Hoek Shares 249 " 3 ' " at T r 1 ~ Piebause ea Laotian (30 (toys), 23 40 cash. Du. Do. (SO toys), 23 272. Martino, Dec. 11.—Three per Cents., 341; Four per Cate, 21 ; Vise per Cents., 211; l'assises, 0p; Coupons, 191.—Eiehange On London, 361. Blit'B3El" Du. 21.—Loon of 1810,1001 bills ; Do. 1842, 101 mosey; Do. 1844, 41 per Cents., 971 bills ; Do. 183, 4 , 951 bills ; City Loon, 1813, 9n bills; Spanish Fire-per-Cents., 424 money; liquid., 20 15-16 money ; Exchange : Lonikin, at sight, 25 421 hills RAILWAY NEWS. There was a lively market yesterday, with a corre sponding effect on price+. The lines most actively dealt in were the North Stafford+, Birmingham and Oxfords, Aber deens and Caledonians, which all commanded higher prices! The report of a call to be shot tly made on East Indiana re duced the quotation to Os. There was a partial improvement in the share-market at Liverpool. Manchester and Leeds, and the lines connected with that company, were improving. Midlands also closed better, 128 i. Leeds and This.k in demand at 1 and 1 dis. There was a considerabh improvement in the Manchester market, and a good business was done. Leeds and Thiraks were in demand at 11 dis. ; Leeds Extensions, 11 to 1 prem.: and there was a better demand for aU kinds of stock. The market at Birmingham was a shade better, but com paratively little business was done. Oxford Junctions were done at 94 p., but the market was not so firm at this rate, as at the quotation of Tuesday. lludleys were dune at 6%. Is. 3d. p. ; Stour Valleys, at 21, and 21 p.; Shrewsbury and Birmingham, (Class A), 2 p.; Boston, Stamford, and Birmingham, at 1 p., and Shrewsbury, Wol verhampton and South Staffordshire scrip, 2 p., for cash. At Leeds, the shore market presented the same lively appearance that it has done since the commencement of the present week, and the firmness which we noticed yesterday still continued. There was no variation in price that called for notice. But a small amount of business was doing at Hull on Tuesday, but prices were in general firm, with the exception of the North British Stock, which was not quite so buoyant. RAILWAY SHARE LISTS. —LoNDON, DEc..23. Norn—The quotations of Bees In Ronson characters denote new Dons: Wass of lints La Itedies *ellen' pried'. Pate. FM*. 2 1 1..Z , tre , LI r een tr... . ..... : .... 23/ I / 2 . 2A , Londot . a , n4 lu o n r2 2 42.1::rtn., Wel., L Dudley. 1 ap. g Zen .5../iamtry,6 Teoril 100 liirmioshain & Gloster. 126/ II Lynn and D1y........ 17j. DJ. New (fn. 7/d.) .. 32,/ 13 Lynn and Derrhow —• : 2 Birth. & Oxford Janet 111 1I i 1 Manellestvr nod Leeds ) 76 Bristol and Exeter.... 74 12 De. t es han. ..... 3 Do. New 2 1/o. share 30 ,Bristol and Glooter ll Do. Ifths .... ..... 41...Borkinsltasashlre IR id. al Do. antwethi. 10 ;Cal/denten 114 LI I 4 1 lb Do Extension 2/1 Do. / shares t:i'Chnter and llolykendj.We I De. do l'Otit, 2 ' (2itcrnet and Blythe ....,1 Id. Ile Manch., bust., & Matt a IVornwall L I/ 2 W.m'be & Sot/than/oth 2/ Do. / stares .1 / 100 Mulland 2/ Direst Northern l4 21 1.10. New 21 , MAUI. 3 Drilnal Janda 110 ed. 2 Do. New 111 Nesters Counties .3.31 3 I 100 Do 11Irrn. & Derby.. 31 Do. New 1 74 p. II 20 Newcastle nod Berwick! Do. York Eatension I Ned:mark. 4 CAesterfurd, I EOM L•nrashire i Do. New 1 II Do. / shares .. ..... Do. New (late Fr . owl 14 lb. i shares Ones.) Do. Extension / Do. do. New scrip... i I t 1 I Do. Thirds ...... /East Lincolnshire.— 104;Noilatk Ldittborgh & GLegow 4 Ire. 7/o. / slier" Do. 1 .horn •Ed snhureh & Northern l6 Ds. fiery' (ire. 6 66 ) Ely ond ltnrat "40u 2/ Do 4 Aeons lret, Ytursl. UM. latri Do. N... Worth Ntalfordilklie 3: 1, 30 1 1 1711 5 CD-South! Walt tin.: Gt. North a England Do. New Do. New Do. New Groat Wntera Do. snares Do. shares Do. Vieille Do. New... •• •• •• •• • llnddendlekl. Do. Tatesseiss .... • A l owl WI" e. Awes De. awes tpewleh & Rory 114 Do. do. Norwich Lowest.. Orirleal• /b. New i!.eeda and Bradford " " I I _ IA ? . I Leeds . Derse., Noselast, Ls. ds, hr. sA. (BAN' Do. to., /Ws (Orme). Lekeet•e acid Bedford.. Loy . Alan., 4 N. 'nn,, 1 Black wall., Ilp. Ulf 13 I i t al, be 3 IS lip. IV 6 ip. IM !u7 Iollµ ~. If Pg' 1! 14d 1 2p.. 13 ljp. 107 0 II 12p. . 11 lq le Sp. .. 11 129 7 9 2 • >riis .4 D• •LiSi I • 1 , 4 i 31 - 171;05.f., ortest.AW43ll.l 3ji Portsmouth born ~Prtutou and Wyre„ 1 11111 fM shams 11,1toosion and HiSchanussi IW 37,./uld 4 Monettedldr: I 13 Id/v16./.. Ceutrol 12i'Scot that ldadlaud 3 lohrews.dt Horn, class l. If, Do. do Cl.u.s H ' 12..shropshlre futon ID 'South Desoo 131.Sou1h Idsterta It Dover 20 PO N (.331.) Na. 1 11 ./M. N. (331. 1:4.114145 13 ; Ito N. (do 301.) 3 lel 1/o. N. (do. 131.) 4 I Suuth Meloo fraterford h ktllarusi 42sIWoM Riding 1.7.11na 13 41• Vats. Hood Wernat.l . . York and NewcaaUe I Du New Lona. an'd Ner _ _ r * lip. 13 ,lip. I 21 ?D. 1 .Yn. Do. do. Cowo. 1). do. Cons. Do. oftion - r 7 - Wootoro Dw sham. Do. New Shl. Do. Paths Do. j .Aare, O. J Do. 40. L.. 1 Do. 401. ob. N. & Do lig. oh it 4 D • Do. lot N 1841. Do. Ito. oh., N. 4 crodas It D. Wooten Do. Noe (bow WU. , Do. New Do. Now Do. Tenths. Do. Tenth,. Do. l!orlp Do. do..L. .iii Id 71p.1 64 7112 P. I .16.31 2/ . PI .B 6p. 21 261 7 I 2 4p. II . s I I I I Do. Preference ,Torlr. & North Midland 91i 13 Do # shares Id I D.. helbr ..... De. li:tension...—. 1 Do. Pref.:ice Do. E. &W.Rido.Ext foRLI4II RkiLWAts. Illoaloree and eksierm. I &rd...., rasa. 4 Oat*. O.', /Ars.< Annan,* Madre, 4 'Dutch Itneetsh bt:End /natal 50' fit. SoarAeon of Madre ss Groat tleoteroo Beard iOreat North of Prance Zaetrasso a laSamaya Laterobourc Namur and Liege 1 Orisons and novo. Oriertrao and liordmor 1 Parts sad Lyoes 10 Paris and (him. I Se Paris and Norm I ride and Strasbourg 10 llatatot and Harr. 10 Sambre and Monte le Serathotere nad I Turn and Nantes 1 Woe Prim I 2L I r ti I 111 ii 4 1134 Old. Id tip. • 41 tarii" 41 .19 id. BIRTHS. HAINIT.R.—Dee. IS, at 11, Park7,l7a7ge East, Recent - ,parl, the wife of Benjamin Badger, Eel , barrister at.law, of a daughter. CHIROI.—Dee. 19, at be dunces-lodge, EoCeld, the wife of the It, • A. Chino, of a son. DANIEL-Ih., at, at West Brixton, M, s. 7'. Daniel, of a sen. EVANS.—Dee. 20, at Blackwell, Derby, the wife of the 11ev. C. Evaos, of daughter. REKVEY.—Dee. 20, at Ick worth, the Ledy Arthur Hervey., of a son. HOAItE.—Dee. 19, at Erin-terrace, Itathmines, the wife of J. S. Hoare. Esq., of a daughter. LEFltol.—Dee. le, at Leeson-street, Dahlia, the wife of the 11ev. I. Lefroy, of a eon. MOOR.E.—Dee. le, at Jullanstows, the wife of the Rev. 11. M00r... of • daughter. TEE W.—Dee. 21, at Woburn-place, Remelt-square, the wife if W. Dew, , sui gems, of a daughter. MARRIAGES. ADAMS—SMART.—Dee. 22, at Stepney, E. N. Adams. eldest son of 2. Adams, Fog, late of Somerset House, to Ilene, shiest daugbterot 0. Smart, Esq. BARNWELL—CIIAPMAN.—Dee. 22, at flt. Pancras, by the Res. C. Clop nun, M.A., of Aertse, the Rev. IL L. Barnwell , M A., load master at Ituthin School, to Matilda, fourth classicist.- of the boo Rev. C. J. Corp own, M.A., of Norwlelt. and siege of the Rev. B. Chapman, Maser of CalusCollege, Cambridge. 13EAUMONT—OATLIFF.—Dec. $2, at the parish church. leeds. l ll the Bev. Dr. W. F. Hook, LLD., Dear, the Rev. Jawcs Atroyd Sessiwom. leeerebent of Se Paull, Leeds, to Anse Hutton, daugh:re of ta'i9Mm ODDER, Esq., Leeds. DEAN—HARDIE —Dee. 22, at Manehester, by the Rev. W. Wilson M A., 11r. T. J. H. Dean, of Huh., to Miss Harriet Cheetham Hardie, of Cborl. ton upon-Medlock. FOOTLE GRAND.—Dee. IS, no Lea, Queen's Countr, by the Rev. Z. Powell, M . F°°o, 2 " . . Lodge. Wickluir, to .tans Hug , youngestdauthter of the late Major Le Grand, of Caott thou. OILIVERT—WILSON.—Dee. 17. at Thorpe Arnold, by the Re, G. E Gillett, of Waltham, the Rev. J. 1/. Gilbert, of Can*? and of Ntlhstist, eldest son of the Hey. J. Gilbert, of the Manor How, Cheers., to Florence Margarelta, eldest daughter of the Re, I'. Wilton, of Ate' market. 1101XISON—Nelt0E.—Dee. 17, at Manchester, by the Rev. W.W.Johar 2, MA., Mr. W. V. Hodgson. of Lots., /frenetic', to hush, eldest dead , '" of R. Wroe, Esq of the same place. 1 1 0 PKINR—WNEILE.--Hee. IC, at Ramon. Antrim, by the Rev. J.R. Phtllot, P. W. Hopkins, Esq., East India Company - a Sem,, eldest saw of Captain Hopkins, Wellingtoa Lodge. Hillalsoruuilt, to Margaret, elide , ter of H. M Nelle, Eel., Aniseed's., Itallyetatle. JONES--SHUFTLEWORTH.—Dec. 72, at Pr. stow by the Rev. J. Poch, M.A., the Rev. W. Jones, HA., of Manchester, to Penelope, fshffr“ daughter of the late T. R. Rhattleworth, Esq.. of Prraton. LAW—ROW LEY.—D. e. 21, at Edmonton, by the Rev. T Tote, Vela Richard, eldest goo of R. ILlam, of Stoke , New ion on, to learn' , hteg daughter of Mr. W. Hon ley, of Edniontoo, coal merchant. M 11,14 Elt —RA INF.—Dec. Id, at Preston, by the Her J. 0. Parr, N A ,th , . Rev. J. Milner, ofThrelkeld, Cumberland, to Mi s r Isabella Smith Itstae.tx Perms. MITCI :HELL—BAIGGS,—Dec.I.I, at the parish church. Letsts, by the Re!. W. F. Hook, D.D., vicar, Mr. John Mitchell, of Headingley. reweo m l surgeon, to Mk. Sarah Ana Briggs. MOKOAN—WILILINSON.—Dec. la, at %slow, by the R. A. A. Rsrtr, Mantic , MM.., FAO., o f Loyd., to tinrah,srsond %LWOW , of "' kinson, of Bunnell liallterbyskitt.__ DEATHS. ANDERSON.—Dee. 17. Janet, woad daughter of J. Andersoo.juu.. l A - i of Iligliholme, Port-Glasgow. AN tti Ig, at buckingham naive, Mina Maria Anion. aged TO. ATV:TBS.—Dec. 22, at If ightleld•rillas Camden tow. E. E. Attyir. *woad eon of F. Alkya., FAQ., aged 3 lo an and 3 month.. BOW ERMAN.—Der. 17, 3:liaribeth, eldest daughter of the Late E.R. bower man, Eng., of Morton Rome, C1.,',, aged M. BUktUOLVE.—Dee. IC, at Bedford, Bows Burguine, relict of Mr. WIIL nargotne, of Bedford, aged 67. CAPEL.—Dec.22, at Rumen-square, J. Capel, Esq„ aged 90. CAR DIXEL.—Dee. 21, at 3, Itarasharytplace. Islington, eg , ll ro• WI T "' Cardlael, Esq , Turkey and Levant merchant, of St. 11eles , bishopsgate•street. HI. loss will be deplored by all who knew Mot. and his memory cherished at home and abroad as n bright ezailipht of mat high honour and sterling Integrity which ,characterise the true Br • merchant. CLARE—Dec. 22, all, Bonier. place, Hyde-park, Mary, relict of the late J. Clark, Esq., 94.1)., KM., of flpeddoet. Dumfries, N.D. CURRIE.—Dee. IS, at Newington •place, Femmes Dorothy, relict of the lots W. Clark, Esq., of Guernsey, aged 61. DACRE.—Dec. 16. at Chatham barracks, Capt. J. C. Dann, 2 th lorr!'. DENILIN.—Dee. 22, at Dartford, J. Dunkin, Eaq.. the author ee the ' teary of Onfordahire, Dartford, and Bteester," aged al• GAY.—Doe. 11. at ChestertpLace, Old kenttroad, Elisabeth, eclat Of the late Mr. H. Gay, aged 67. GREENWELL.—Dee. 22, at Brighton, Mr. T. Orecowell, of liniernetpnifi Poplar, aged 36. HALE.—Dee. 11, at Itilton, Wolverhampton, Mart, widow of ' h° b". Hale, Esq., of Um Rollie., ntourbridge, agid 7 1 . MAN BEY.—Dee 110, W.`Manbey, Esq.. of Monipellter.chacent, Bri4htfil, and IMP of Strstfard•srove, Essex age.' 79. elated and ?relit/miry Wltttar Latatia Joe.% of No vw.trt• the perk ac gt• hid e. ofile City et Lae.Jou. Mew. at the CM Mann. leeeevee ari Ems, la Lembaal.ttzeaad tr. redact lt labitetriara le the City of LOOP, Celia*/ ,Md llietaaaa 9S 194 fa zoo f l MI tiro*" 0%) odor 1114 Byery 1 vslqW d irOr. dd V agßio t o, fleet era Wlutefris IR EAT sea maw d two Nat (di w e b t au r ttioi dileter kn tj is . ' ,esker ind " &PIO" ASE by t tM oPrn" a: Be Medical Be 0 Toll%) teearded b ~tJN( Dole od. 1 The an. Queen's M Irelead ; Owed ; A et Ee TEM LOMA C Aillhaketk Ct. P.M Il e: ; 1 bum; Abbsb • kb Wage arl odor Oitporsko 1 kb sod labs ; 1 Ms Bui ke. Abu lbasu Matrimo own of of the t total Tn./ tOOO l li ht C --Oor Brii Book-7h It Cetera- BooedPt& Publl4o bookseller pun London p uN, NU. jei gr i lii 1 Ar don. BUB II EA Bills h ork six ohtd. Nov ,1 UF y EJ,WA Cbapte d deco: bonie t—Co ChaPfe deea] .ental darnr s fttrie : • • ML itt an C ha MOMS ulpla Inc— Mark • 3,15 l'Far . 11 , 4 nte C • of Cbapt —Foe cod ti lb of bt *tar • ] chApt the I tare . row Ore .le 'Rats te ] Chom .oat- tape teas. • to- Part an R f L 41 4144 I lip. I N. i lO. fl 4 9 7 pp. .141 I Ir . • . 21 a 193 4 .Ipb .l i l3 14i •119 i IUNI