The Express. — London, England, 1846-12-18 00:00:00

Sabre the Vaster of the Rolla. COWMAN W. RASTSIN COU NTI ES RAILWAY. llf syNcrioN ourrintian TO lIMSTRA zaco r lox or Sat HARWICH STRAY-PACES? COMPA Y'l AGREE YINT.—Mr. &indeed., having been heard in reply, the Muter of the Rolls in giving judgment said, there were three objections taken to the injunction ; the first was, to the plaintiff personally, but he wee of opinion that on that allegation there was no sufficient ground to sty that the plaintiff was not entitled to sue. The next objection was, u to the form of the pleading., sal the way in which the matter was brought forward. Before he came to a conclusion as to it be would read the pLeadings. The other objection went to the merits of the ease. And after the discussion which had taken place, and considering the great and extensive importance which belonged to the question, he ought not to abstain from giving his opinion respecting it. The plaintiff was a shareholder in the Eastern Counties Railway Company, end he bad no interest except in that company, and he was exposed to no lia•ility except such as was incurred in carrying on the business of that company. The company was one of that kind which had been so recently introduced into this coun try that he believed neither the legislature nor courts of justice had been able yet fully to understand all the different lights in which these transactions were to be viewed. It was necessary to have recourse to general principles, so far as they were applicable to a company of this kind. To regard a railway eompauy, exercising powers so large, and affecting so extensively the rights of private individuals ant of the public, in the light of a commin partnership, would be a great mistake. He was of opinion that powers given by an act of parliament to a company like this extended no further than was espressly stated in the act or were properly required for the purposes which the act sanctioned. How far those powers extended might often be a subject of great difficulty. Powers were given by this set for the constructing and maintaining and the proper use of a railway. But there was no power to enter into all sorts of transactions, or to enter into any new trade. Indeed this was admitted. But it was contended that there was a right to pledge the funds of the company for ether transactions which would produce great profit ; and that the increase of liability was justified by the increase of Irak and of profit to the shareholders. But there was no authority se to pledge the funds of the company unless the acts to be deem were in conformity with the powers given by the act *turbulent. It was erroneous to suppose that the acquiesentes of shareholders in any transactions for a long period was any evidence of a legal right to eater into them. The most wild projects had been encouraged by some companies, and the shareholders had acquiesced in them from cupidity or some other motive. But the absence of legal decision was no ground for supposing that such transactions were legal. In this cape be was far from saying that what was proposed to be done might not be extremely profitable to the company and advantageous to the public. It might be proper to give the company power to establish a steam packet company. Bat under the powers given to them by their act they were propoeirg to pledge the funds of the company to support a proposed steam packet company, to the extent of 150,0001. or 300,0001. Interest at 6 per coat was to be allowed on the subscribed capital, and the scheme turned out unprofitable, the company was put en end to, and the whole of their subscribed capital was to be secured to the shareholders. There was nothing in the act of parliament to authorise this. It was said th..t this must be allowed to be done, or it must be held that nothing could be done, out of the express power of the act of parliament. When any other case was brought before the court, it would he adjudicated upon accordieg to its circum.tances. There might be things of little importance which would be allowed. But his opinion was that the eompanyjhad power to do every thing that was asseemary to carry out the intention of the act of parliament, and that they had no power to do anything beyond it. It was of great importance to the public that the railway itself should be safe, and that the enjoyment of it should not be exposed to risk. But this could not be if a railway company could be allowed ao pledge its funds for tranmetioss which, though they might lead to advantageous results, still might possibly lead to great loss. He should motions the injunction, subject, however, to his aensideration M the objection which had been taken to the form of the Before the of Eogland,_ COOPSIL 4.ifillll.—BlLL TOR AN ACCOUNT AGAINST RAILWAY DIZSOTORS. QURSTION AS TO NICSJSAIIY PARTIMP.—This was a bill filed by John Douglas Cooper, an behalf of himself and all other the shareholders in a eempsny formed for making a railway from York to Lan easter, against Sir John Webb and the other peranns form lag t he committee of management of the said company. The 'theme was provisionilly registered in October, 1846, and deposits to the amount of 132,0001. were pdd upon 62,320 shares, which had been allotted by the committee. The project was brought into parliament, but failed to pass the standing orders of the house. The project was then aban doned, and the directors stated that the sum of 38,8581 had been spent by them for the necessary expenses; that they intended to pay back to the shareholders 30s. per share out of the deposits, and to retain in their ewn hands the sum of 10,0001., to answer any further liabilities. At the same time they proposed to the share holders that they should execute a release of all claims upon the directors, and give an undertaking not to commence . any proceedings against them. The plaintiff refused to ere mite the release, and Med this bill for an accouit against die directors, praying that they might be or ered to pay beck to the shareholders so much of the deposit as should not hare been expended, after deducting what had been pro perly paid by them. To this bill a demurrer was put in upon the ground that all the shareholders were necess parties to the suit —Mr. Stuart, Mr. Bethel!, and Mr. Wetary feed, appeared for the demurrer ; and Mr. J. Parker and Mr. Speed for the plaintiff. The Vice-Chancellor reserved his judgment. Before nee-ManceUor Migrant. Wirers* V. WINTER.—DEATH OP A CHILD, LIWATRE UMBRA THIB WILL, LRAVIFIO leers BEFORE THE DEATH OF ?NO TIIITATOI.—CONITRUCTION OP THR WILLS ACT, 7 WK. IT., AND 1 VIC., c. 26, es. 33, 34.--This was a point which arose upon the construction of the new Wills Act, and the question was, whether a legacy to a child of the testator, who was dead at the time of the making of the will, leaving issue, and which legacy would have otherwise lapsed, was saved by the operation of that Act fir the benefit of the child's family. By the 33rd section of the Act it is (waded, that " where any person, being a child or other issue of the testator, to whom any real or personal estate shall be devised or bequeathed, &c., shall die in the life time of the testator, leaving hews, sod such issue shall be hying at the death of the testator, such devise or bequest -shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the tee. tater, unless a contrary intention shall appear by the will." By the 34th section it was enacted, the act should not extend to any will reads before Jan. 1,1838, but that any will re-exe ented,re-published, or revlyedby any codicil, should be deemed to have been made at the time at which the same should be so re-executed, re-published, or revived." The only point in which this case was distinguishable front " Johnson v. John sea " (4 Hare, 157), was that here the child of the testator, the lnater. was dead at the date of the execution of the eedidl. The particular facts of the present case will suffi eiently appear in his Honour's judgment. Misers. Hominy, Q.C., Jones, Willcock, Walker, Q.C., Torriano, Wood, Q.C., K. Parker, Q.C., and Sir W. Rid dell, appeared for the different parties. Sir Jas. Wigram, V.C. : John Winter by his will, dated the 13th of Nov., 1833, gave a share of his residuary estate te Jahn Palmer Winter, his eldest son. On the 3rd of July, 1637, the late Wills Act passed, and it came into operation, as regards the present case, on the lit of Jan., 1838. In 1838, and after the act came into operation, John Palmer Winter died, leaving issue, which issue survived the testator. Oa the 16th of Feb., 1839, the testator mode a codicil to his will, whereby, after making some alterations in the bequests of his will, in all other respects he ratified and confirmed his will. On the 22nd of August, 1840, he made a second codicil, which, however, did not in any way affect the present question. The testator died ; and the ques tion is, whether the legacy to J. P. Winter has altogether lapsed, or whether by the operation of the act above referred to, the legacy shall take effect as if the death of J. P. Winter had taken place immediately after the death of the testator. And this depends, first, on the effect of the republication of the will; and, secondly, on the construc tion of the words " shall die " in the thirty-third section. With respect to the republication, the ease must he con ordered as if the testator, on the 16th of February, 1839, the date of the first codicil, had made a new will in the precise words of the will of 1833 ; in which case there would 11,.ve been the bequest of a share of the residue to J. P. Winter, who was dead at that time. With respect to the construc tion of the thirty-third section of the act, the question appears to me to be whether the words " shall die " in that section mean "shall die after the bequest is made to him by a will made after the 31st of December, 1837," or whether the words " shall die" in that section mean "shall die after the act comes into operation." II the former be the right construction, the claim of the executors of J. P. Winter will fail; if the latter, their claim will be good. On the face of the sot itself I can find nothing to exclude the latter con struction in favour of the former • and in the absence of anything on the face of the will to fix the precise meaning of the words "shall die" in the thirty-third section, I am bound as well as I can to fix that mean ing by considering the policy of the act and the oblects which it intended to accomplish. Its policy and objects are manifest so far as relate to the present question. It was intended to prevent a portion, given by a testator to a child, going from the estate of such child, and leaving his famil portionless, by reason of his death under certain cir cumstances; a consequence of the law which the common feeling of mankind declared to disappoint the intentions of the testator. The cases of most common occurrence, where the intention was disappointed, were the cases in which a child died in the life time of the testator after a bequest made to him; and the cases in which the testator, in pro viding for an ab-ent child, was ignorant of the fact of his death ; in both cases, the family of the child dying or deed at the time of the bequest was left unprovidcd for, and to remedy this the 33rd section of the net was passed. The esnstruction of the act which alone will include all the cases which the act must be presumed to have intended to include, is that which makes the time of the legatees death unimportant, provided he died after the act same into operation ' and the will was made a ft er that date • and that construction cannot include May "- act. Lowndes (defendant), Mr. Martin, Mr. Berjeant Channel', and Mr. Banton. Several of the knights being absent when called upon, it was agreed that an entry should be made on the rolls as of the attendance , of a " full wise."—The officer of the court having admin i stered the proper oath to the knights present, Mr. Serjeant Talfourd addressed their lord ships and the gentlemen of the grand aids*. He laid he now appeared on the trial of the last writ of right,' mad he was very happy to inform them that their duty would be a short one. He had been counsel in this use at different periods during the last twelve or four teen years, and had conducted it through two trials, with the best attention he could employ. The conclusion he had come to was, that no litigation whatever could disturb the right of the tenant, Mr. Lowndes. Under these circum stances, he thought that the best course for the demandant to adopt, would be to accept the sum of money offered by the tenant. By proposing this arrangement , the tenant di d not secure any additional right to the estate in question, but simply got rid of a trial which must have laved for several days. He felt bound to say, that Mr. Lowndes had shown a degree of kindness and generosity, which he, as counsel for the lady (the demandant), never could forget. He would have had much pleasure in conducting this case, the remnant of past years, and in which he hail been formerly assisted by that great ornament to the bar, Sir Wm. Follett. The pro oeeding, however, was now at an end, and he would simply say, that he hoped the tenant might long and happily enjoy the estate in question. Mr. Martin said that the past fourteen years' litigation, and the prospect of a long continuance of it, had induced the tenant to enter into the present arrangement. Mr. Justice Coltman told the gentlemen of the grand win that their only duty now was to say that the tenant had " more mere right" to the property in dispute than the demandant.—Thereupon, the knights found that the tenant had " more mere right" to the estate in question than the demandant. The court then broke up. The peculiar and now unusual nature of the proceedings had caused the attendance of a large number of rayons. ADMIRALTY COURT. COLLISION AT Sza.—Tue GAZELLE.—In this case Dr. Lushington was assisted by two of the Trinity Mtwara. On the 25th January last the Dispatch, laden wtth coals, came into collision with the Gazelle steamer, when ten miles off the South Dudgeon light. The schooner, which was of 18 tons only, sunk shortly afterwards, be ceming a total loss. Her owners in consequence brought the present action. Dr. Lushington having explained the facts, the Trinity Masters exonerated the schooner front all blame. The steamer was going at too high a rate of speed in a thronged thoroughfare.—The court consequently pronounced for the damage, and with costs. Tug VANCOVVSII.—SALTAGE.—This timber-laden ship, while on a voyage from New Brunswick to the port of Lon don, was run into by a French brig—the Union, of Dunkirk —and received much damage. She had several feet water in her hold, and accepted the aid of the Stag lugger, and a small steamer, the Rob. rt Bruce, which assisted her by towing. At first a recompense of 2001. was tendered, subsequently 501. more was added. The salvors considered the offer insufficient —The learned judge decided that the salvors were entitled to 3501. COURT OF BANKRUPTCY. Before Mr. Oommiadoner Fonblanque. ALLOCATION TO CREDITOR:I.—W. H. Brett, an insol vent physician, cams up for his final order. Mr. Brett distinguished himself in India in ophthalmic diseases, and for his services received a pension of 1911. 124. from the Honourable East India Company, having been medical su pervisor in the ophthalmic hospital at Calcutta. He also enjoyed a pension of 3001. from the Bengal Medical Fund. Since his arrival in this country he has been at the head of the Western Eye Infirmary. His debts are 2,5491., and the assets 1051 The question raised was whether the future earnings of a professional man could be made available to his cr edi tors. His Honour thought that they could. Mr. , Duncan, for the creditors, said that the insiAvent had spent more than 2,00 W. in twelve months. He moved in first-rate society, and thus deceived the tradesmen. The insolvent had also mortgaged his freehold property in Devonshire, to the extent of 1,2001., which money had been spent ; and, under these circum stances, he (Mr. Duncan) prayed the court would not grant the insolvent protection.—Mr. Cooke said that his client would pay the creditor. 2001. a year.—Mr. Duncan would accept nothing but half the insolvent's income, and half of his earnings.—His Honour made an order to the following effect :—That the insolvent pay 2001. in the first year, and subsequently, that he should allocate one•half of his profes sional earnings and income. The debts to be paid in this way, with interest, and the case to be adjourned from time to time, so that if the insolvent f ils to comply with these conditions, the final order to be at once suspended. SVB.DIVISION Cover.—Before Commissioners Fonblanque, Evans, and abepkerd. COMMITTAL OF A BANKRUPT.—A bankrupt, named Bingley, a silk-weaver, came up for an adjourned examina tion. He was brought in custody from Whitecrose-street Prison. He has been frequently before the court, and exa mined with great stringency as to an alleged loss of sixty sovereigns, which the learned commissioner (Shepherd), before whom the case was heard, declared to be altogether unsatisfactory, and hence the necessity of appointing • sub division court before an order could be made for his com mittal to prison for refusing to give satisfactory answers (pursuant to the 6th Geo. I V.).—The examination as to this alleged lose or robbery was now commenced (by Mr. Hud son, solicitor) de novo, but the answers d id not vary from those which were given by him upon his former examinations.— Mr. Manning, as counsel for the bankrupt, having been heard at some length, Mr. Commissioner Evans said--I do not feel the slightest doubt in this case. Here is a man who swears that he has in his pocket sixty sovereigns; that he gets drunk and loses them ; but how and where, he gives no explanation, nor does he complain to anybody of their loss; and, beyond all that, he Under these circumstanees, I cannot believe his state ment: and therefore I am of opinion that he must be forthwith committed.—Mr. Commissioner Fonblanque and Mr. Commissioner Shepherd having expressed lar opinions—Mr. Cooper, this chief Messinger of the court, said that as the bankrupt had come up in custody from Whitecross-street prison, he thought that the lodging the warrant with the keeper of that prison would be qi.ite sufficient. —Mr. Commissioner Evans: Just ao.—The bank rupt was then taken away in custody. ASSIZE INTELLIGENCE. YORK lw EDNIRDAY. Before Mr. THE STARTFORTH repeat closed yesterday when Mr. Justioe Creesserell was summing up. We now add the main points of hisaddreas His lordship hay ing stated that almost every part of the evidence seemed tole important, instead of giving a summary of it, detailed it to the jury entire. First, said his lordship, it pointed to the period at which the prisoners, the deceased, and the principal witness went to the spot where the crime was said to have been committed ; then it shows, by the eye witness, the fact that the man was killed ; and then it confirms that testimony by collateral circumstances observed by other persons at the time and after the time in question. But here a question arose, " What can have induced the commission of such a crime?" It was suggested that Barker was afraid of Yates giving some evidence against him re specting a coat, and that for that reason he had 'necked him on the night in question. Barker's motive, therefore, was not so muck that of revenge as to prevent something which he feared happening to himself. As to one of the other men, Heine, the motive of getting money from Yates was assigned to him—his object, it was said, was robbery; but with regard to Breckon, no distinct motive was assigned. And, in proportion as the motile seemed obscure or inadequate, so much the more careful must the jury be to inquire whether the evidence was sufficient to overcome the improbability that the crime was committed for wean Inadequate motive. On coming to the testimony of Ann Humphreys, the principal witness, his lordship observed that It was of the utmost importance, and it was necessary that the jury should examine it most scrupulously. It was said on the part of the defence that she was a person of immoral character, having been in the habit of associating with men in public-houses, in a disreputable manner. No doubt there was a good deal of truth in all that, mid 'the jury must weigh and consider it, and compare her character with the other circumstances in the case, and then say whether they believed her or not. If her state ment were believed, he did not know that he could present any alternative, as no suggestion had been offered that the crime was anything less than murder, if cam mitted at all. If the jury did not believe this girl, hen the case fell to the ground ; because, whatever noises had be en heard—whatever appearances t here might have been at the spot, there was no proof that a murder had been committed, and of course the pnsoncn must he acquitted. The jury would either believe or not Ann Humphreys' statement. If they believed that a murder had been committed by the pii goners, then, combining her testimony with that of the other witnesses, they would find them guilty. And if found guilty, they must be found guilty of murder, because there had been no struggle or fight, as far as had appeared, which could lead the jury to reduce the offence to one of man slaughter. The learned judge read the evidence of Ann Humphreys with great care, commenting upon particular passages as he proceeded ' • and he then directed the attention of the jury to the corroborative evidence, After all, the whole case turned upon the testimony of the girl. In conclusion his lordship repeated the nature of the verdict which the jury would have to record, if they were satisfied that Joseph Yates was murdered, and by the prisoners, If they were sosatisfied, then, however painful their.duty, he was sure they would perform it like men, and return a verdict of guilty. On the other hand, if the nature of the story of the principal witness was not satisfactory—if the circumstance of the concealment of it, and the other circum stances which surrounded the case, left them in any substan tial doubt, they would give the prisoners the ileac& of that doubt, and acquit them. The jury retired, and not being able to agree, they were —after their three days' attendance—locked up " without meat, drink, or fire," the weather being intensely cold, for a period of nine hours. At half past ten at night, those of them who were for a conviction surrendered their opinions in favour of those aho were for an acquittal, and returned into court with a verdict of Not guilty. The jury were s orn on Monday morning at nine o'clock, and were not discharged until eleven o'clock nn Wednesday night, having been in charge of the sheriff for sixty-six .J 4 IS lb. Mr. 33e • se. 4 6p. 4e. i ir. view of the ease would not decide the presentquestion alone, because I can only declare that which the act empowers me to declare. If the construction of the act had been that the words " shall die" meant " shaft (lie after the bequest made to him," I could not, upon that ground, have come to my present conelu4oa. I think the sound construction is, if the bequest is made after the act comes into operation, and that it will apply to a case in which the child dies before the bequest is made to him, and after the act comes into operation. The court declared that the executrix of J. P. Winter was entitled to the legacy. Before Vice-Chancellor Knight Bruce. THOMAS O. I'HiLLire.—Wa`K or CONSIDERATION FOR CONTRACT, &e.—This ease, the facts of which appeared in this paper of yesterday, was again heard this morning on the subject of costs. In the course of the argument a case of •' Jones e. Thomas" (2 Youngs and Collyers) exchequer cases, 498, in which the present plaintiff appears as the de fendant, was cited and commented upon. His Honour said that as agsinst Lewis, the represen tative of the mortgagee, the bill must be dismissed with costs. The question was then argued whether the assignee should have his costa. His Honour said that, possibly, he should allies taken the same course as to the costs of the assignee, as he had done as to the mortgagee, namely, allowed him his costs ; but there were passtgee in the answer of the assignee which he most notioe.—[His Honour then read passages from the answer of the assignee, to the effect, that he believed that the only deed that Rayner executed, was a deed appointing the plain tiff a receiver of his rents, and that Rayner believed that the deed was of such purport only, and that he never intended to execute a conveyance of the property to the plaintiff, but that the plaintiff, at the meeting at the Six Bells, fraudulently instituted a deed of conveyance for the deed which Rayner intended to execute.] His honour then proceeded to say, that the case upon which the plaintiff failed, was that which related to a civil right merely. The court had been of opi nion that by reason of want of consideration the plaintiff could not recover the property in this suit. The case made by the defendant (which was not proved), was the case of au indictable offence, an offence of such a nature that if the charge were true, the plaintiff would be driven from society, and, being a solicitor, would be struck off the roll. Such a defence, unsupported as it was by evidence, ought not to have been made; and his honour thought he should be doing jus tice l►mely and imperfectly if, in such circumstances, he were to do uo more than give the plaintiff the small part of the costs occasioned by these various and unntcesrary charges. He was of opinion that the correct, discreet, and wholesome administratioa of justice required that, upon the ground of these charges, and this ground alone, assuming that other wise the defendant would have had all his costs of the suit, he should have none. COURT OF QUEEN'S BENCH. Sittings In Banco. Lord Denman, and Justices Pension, Coleridge, and Wightman, too k their seats on the bench at 12 o'clock yesterday, for the purpose of delivering some judgments. THR QUEEN V. THE COMMISSIONERS OP SEWERS. — RIGHT OP Till COMMIesiONERs OP SEWERS TO ORDER THAT • Sawea, WITHIN 30 FEET OF THE BOUNDARY LINE OF THE PROPERTY OP A OIVEN PERSON BB BUILT UP TO THAT LINE.—In this Walt, cause had been shown against a rule nisi for a writ of certiorari, to remove into this court a presentment made at a Court of Sewers, by which a gen - leman named Jenkins was amerced in the sum of 3,0001, for disoh-dience of an order of the Commissioners of Sewers, by which he was required to carry forward a sewer which they had permitted him to build on his own. property, and which extended to four feet from its boundary, up to that boundary, so that it might there be con nected with another, also leading to the Great Ranelagh Sewer. Mr. Jenkins had, in fact, disobeyed this order, which was a usual one, had stopped within four feet of the boundary line of his land, and had built up a wall to prevent any drsipage from the adjoining land into his sewer. For him it had been contended that the order was bad, because it directed him to lay out money for the benefit of lands not his own. For the defendants it was urged, that the leave to build the sewer, of which the land of - Mr. Jenkins had the benefit, had been granted condition ally, on his complying with the order which he now re sisted, inasmuch as a copy of the ordinances of the commis sioners, by which that condition was, in all similar cases, directed to be imposed, had been furnished to Mr. Jenkins with the notification of leave to build his sewer. Lord Denman now said, that the court considered the leave to build the sewer to have been accepted by Mr. Jenkins, under an implied promise that he would observe the con dition expressed in the ordinances, and therefore that he could not now dispute the validity of the order. Of the amount of the amerciament the court would say nothing, because obedience to the order would prevent it from being levied. Rule discharged. THE QUEEN D. GOMPERTZ AND WITHAM.—CONSPI see.—This was an application by two persons who had been convicted of a conspiracy to defraud Captain Rose, by obtaining his acceptance to certain bills of exchange, on the pretence that a person named was about to advance money on them. The defendant Oompertz moved in arre-t of judg ment, and also for a new trial, on the ground that evidence had been impraperly received, and that the verdict was not warranted by the evidence. The defendant Witham applied for a new trial, on affidavits which suggested that he had been mistaken for his brother. The court, after heaL o inz the argument, had postponed the judgment, and Denman now said that there was no around for arresting the judgment. One count was good on the authority of a case which had never been overruled. Then it had bean suggested that as the verdict was general, and must be taken therefore to be one on all the counts, there ought to be • new trial. This was a novel objection, founded on the case of "O'Connell v. the Queen," and not well founded. In that case there had been a judgment on several counts, some of which were not good: here there was as yet no sentence, and it was not to be presumed that sentence would he passed on a bad count. Ts the objection that the jury had found the defendants guilty on all the counts, and that there ought to be a finding as to each count, the answer was that the same evidence had been found by the jury to prove each count. And with that finding the court was not dissatisfied. The next ground urged for a new trial was, that an unstampesl instrument, purporting to he a warrant of attorney, had been received in evidence. Toils raised a question of great importance. The instrument in question had been used, not to prove a liability or confer a right, but as a collateral means of promoting the fraud intended. The fraud was rendered more complete by the instrument having been used; but the validity of the instrument was not in any way essential to proof of the charge in the indictment. It had been further objected that the verdict was not warranted by the evidence, because the charge was of a conspiracy to obtain acceptances from the prosecutor, whereas the evidence showed that the acceptances were ready written, and that only the signature of the prosecutor was wanted. There was, however, no legal distinction between the two things. It had been urged lastly that there was a variance from the indictment, because tne evidence showed that all parties knew the prosecutor to be without money ; and his acceptant s, so far as his means of paying them were concerned, quite worthless. Though there should he ground for so speaking of the prosecutor's means, the fraud would, n theless, be the same. They who had sought to defraud him of these acceptances must have expected some benefit either tram him or his friends. So far, therefore, as the defendant Oomperts was concerned there was no ground for the application that had been made ; but as the court thought that the affidavits of the defendant Witham and of his his father rendered the verdict as to the defendant Witham unsatisfactory, and as the court could not determine what effect adverse to one of two defendants the evidence which implicated the other might have had, it was of opinion that there must be a new trial of the two defendants. —Rule absolute fur a new trial. EXTANT)! BLI:CX. IN KZ RACKNAMT. BLUM PROHIBITION. —Thecourt had postponed it•edecision in this ease,which was an application for a prohibition to the Bishop of Norwich to prevent him from executing a sentence, affirmed by the Privy Council on appeal, of forfeiture of one third of the annual profits of the applicant's benefice on the ground of his having been non-resident without leave, for • period longer than three months and less than six months. The grounds of the application were : Ist. That proceedings for forfeiture were in their nature criminal, and ought to have been instituted under the Church Discipline Act, whereas the proceedings in this case had been by civil suit. 2nd. That the libel did not specifically allege that the applicant had cure of souls as well as the benefice. 3rd. That the sentence referred it to the registrar to ascertain the value of one-third of the annual profits of the benefice, instead of being cer tain and definitive. Lord Denman mow said that the pro ceedings were not criminal, but civil, as well in form as in the interest in the result of the person, the bishop, who had authorised the instituting them ; that the proper tribunal (the Privy Council) had held that the libel used words which alleged a cure of souls; and that the last objection impeached a rule of practice on which the court could not, even if a competent tribunal had not pronounced it good Omit a pro hibition at this stage of the proceedings. The rule nisi there fore, must be di charged with coats. COURT OF COMMON PLEAS.—OrtunIALL. the. est tk okild that t tithe. rifest made re (Before Lord Chief Justice Wilde and • Special Jury.) HACICBLOCK V. FOSTER AND OTHERS. Mr. Seejeant Byles, Mr. Charnock, and Mr. Phin appeared for the plain tiff; Mr. Serjeant Wilkins and Mr. H. Hill, for the defend• ants. This was an action of ossumpsif for not accepting 100 seconds dry Spanish hides. Plea, that the goods did not answer the warranty. Evidence of the order in February, 1845, was given, and of the rejection, in consequence of which the hides lay for sixteen months at a wharf, and then were 301 d for it. sd. lees per hide than the price agreed on. Seven witnesses averred that the goods fully answered the warranty. On the other side a host of witnesses were called, who substantially corroborated the judgment of each other, that the hides were much worm-eaten, blistered, blond bound, having the grain destroyed, and so were quite unsaleable.—The Lord Chief Justice summed up with great care and discrimination, observing, that it lay with the plaintiff to show that the goods answered the contract description of them, i, e., seconds, as he understood, in the leather market generally. He remarked that the defendants were not shown to have any other motive in refusing them than simply that they were not saleable; no fall had taken place in the market to tempt them to repudiate the contract ; and that it appeared the defend ,uts' conduct was wholly un impeachable throughout. Having dwelt upon the evidente at considerable length, he left the case to the jury, who found a verdict fur the defendants. n i rum:lron:l, of Yoe night, tiering . been m enarge of the atierill tor Mitty-aix pone! naa pursues' was at au eeusuratue.—Mr. Verse said iiiiTai f t-;;;;, rc , • --- ---- that date ; and that construction cannot include w „ J m n ee ou tmeni af r , •aittrralt .." 17' be hl th lick tart of say WWI which is not obviously within the purposes of the Justice Maeda, and the knights of the Shim :iummoned on the hours cossecuttrelr. that it had not bevn shown to his clients that they had done Liverpool, Pl•neheater, Iterreaelle Jr., I d.—New 'ry i . Ith i rke " r:Elq of ll ' uT,t r t; A ), U' ar. " •ers 34 . act. I may say that., if a testator by his will, dated before Grand A m a ze . llefore Mr . Justice Williams. wrong, and be considered their case to be a very bard one.— 1 WoMorli. lis — sarcaatarry. Hereford, i d.—Shiewidiury, • TATAll.—lhee " . I, at Venice:We. W. C. l rkar ' Ittl n trah tee Callao' at oei the act, had made a bequest to an absent child, who turned DAVIES V. LOWNDEs.—WEIT i t t h e ancient YESTEIIDAT.-111r. Justice Cromwell having left York Mr. Salentine: Not at all ; and they will flnd themselves ( 72 2 e i rh , i sni p. lne —D. N . s ( . B) n . taff l p. ordshire, p. , Int to be dead at the time, and the will provided that if such mode of proceeding has terminated with the press at ease ; a early this morning, by mail-train, Mr. Justice Williams took fortunate . if government does not prosecute them. I shall w ‘g , and s llublin s ; Hall or oom r, merce ; kleb, child should die leaving issue, whoshould survive the testator, statute d in the 3 and 4 Wm. 111. having abolished his seat in the Crown Court. g r an t neit h er summons nor warrant , nor shall I make any MEETING THIS DAY . WALLACE —Dec. 7,•t Largo, alis.Wallare,•comiiLiu,iiii.v of tor Wain I PV' fi :m l aterf i: 4 TlN S O Velf .— "d• Povi V :o icki ; thatthi bequest should still takeeffectin themannerprovided trials by 4 ' writ of right." Under certain exceptions, however, The same prisoners were arraigned for the murder of suggestion under the eireumstances.—Mr. Vessey : There are by the act, I should have so difficulty in giving effect to the in the said att. the parties in this row were at liberty to pro- Catherine Rains, at Startforth.—M . r. Bliss, intimated that 1 . 50 emigrants,. andlhope your , worship will.—Mr. Basilan- N nee. Ice, Mr. Wilklosoo, of Royal bill, easnifest intention of the testator. The will in this COO was coed according to the methyl formerly ado p ted , and hence after the deciidon come t o l es t /m a l t in the previous case, tine : will not a dvi se at ail, nor sha ll I interfere in the of the propme or., for vale of the railway and other Ilk. "' 8 dowry AND SOUTH it ItLuv.--traor. made after the act tame into nperation; and so, is effect, it the present inquiry. The counsel for the deurindant, Eliza- the counsel for the prisecution, after much mature considers- . matter. — Mr. Campbell said that tho men were in a most man sum iiiinßl4 t 7 had we ll .ri in thochair. The chair- heated had Parallahnl lay Kunsan •••••ata Johaa, ot . lek FR Vier.!!!r__. is the mama Mac, for the will must he understood as ex- heck Davies (plaintiff), were Mr. Serjeant Tslfourd, Mr. tion, did not intend to offer evidence in this caw—The jury destitute cOndition, several of them having b een t urn ,' out n entered nto, sukoct to the ap ducat ow parrots of ht. okay is Cky Iroodoh, l'n..ter. at the kW: ash Rearm sa Lombok, kkee. 'a ' 5O of the vessel waist under the doctor's hands one poor fellow beluogin this f prop tos,• L Whitens no , ss teasing what the act says shall be the consequence. That Gray, sad Mr. Maundy. For the tenant, William Selby returned a verdict of Nut , gcom pany, or sum of ISO,OLIOL, to the Yoh 14, ° 1 " ""*. ."" 1 • • I II THE EXPRESS FRIDAY EVENING, DECEMBER 18, 1846. Mr. Justice Williams expressed hie concurrence in the course pursued by the prosecution, and ordere.l Barker and Rains to be discharged. Breckon returns to Durham gaol, to complete his term of imprisonment on a former con viction. EXTRIDII DIPILAYITT.—T. Green was charged with the manslaughter of Amy Green, his wife, on the 11th of August, at Hull.—The prisoner, who was described as . a person of steady and induArious habits, had resided with his wife and two sons in a email house in Hull. About eight o'clock on the evening in question, he gave his wife some money, and then went with his brother to Dry pool feast. The deceased, who was a very intemperate woman, put her children to bed, lucked the door, went out, and got so drunk, that on return ing home at half-past ten o'clock, and endeavouring to go up stain she fell down. She was found iy ing there by the pn soner at two o'clock in the morning, and being angry at her conduct, he struck her head against the stairs several times. He could not find the key at first, but having done so, he en tered the room, and he and Lis eldest um went down stairs. The prisoner then dragged his wife by the hair of the head up stairs into the room, threw her doer., and beat her head against the fluor. He afterwards went to bed, where he re maked about an hour, and then got up, and jumped on the body of his wife. The children screamed out, " Oh, father, don't kill my mother!"—He alt retards threw her dow stairs head foremost, bait sub.equeiltly t ,ok her into the mem, and found her dead at six o'cluck in the morning.— The jury retired, and after an absence of 20 minutes, re turned a verdict of Guilty, but they recommended the pri soner to mercy. CENTRAL CRIMINAL COURT.—YESTERDAY. THIRD COURT.—Before Mr. Commissioner Bullock and the Common Serjeant. W. Henderson, a foreigner, was indicted for a burglary. Six foreigners were on the jury empannelled to try him. Mr. H. Leech said he was in the employ of his father, a jeweller in Great Toweratreet, and was at work on last Saturday evening, when a large stone was thrown at the window and he ran out, when be found the prisoner running away. lie was arrested, and on being taken to the prosecutor's shop several atch seals, brooches, and keys were found upon him, which were identified by the prosecutor as his property. It was found that an ebony case, containing 20 seals 12 rings, 2 keys, end some brooches, of the value Of 2.51. ltis. had been extracted through the aperture.—City police-constable 533 proved the arrest of the prisoner, and the articles being found upon him.—The jury found the prisoner Guitty.—There was a former conviction of the same prisoner for felony, by breaking ir.to the same prosecutor's house and stealing 4 watches.—The prueecutor stepped forward,and said neither his person nor his property was safe while the prisoner was at large. On the former uccasi 41 he had suffered damage to the extent of 301., and the property now stolen was worth nearly that amount. The stone (produced) was a rough sharp-edged piece of granite, weighing about six pounds, and he said he had uo doubt but the missile was aimed at his son to prevent pur suit.—The Common Serjeant said the crime was a serious one, and as imprisonment seemed to have no effect upon the prisoner, he must new be removed from the country.— Transported for seven yeah. POLICEYEI3TERDA Y. GUILDHALL.—A DODIESTIC PARTNEILSIIIP.—F. S. Coleman, • wine-merchant, and E. T. Coleman, his brother, an artist, appeared before Alderman Moon to answer a charge of felony preferred by a Mr. Charles theca. —Mr. Green rented a house from Captain Pidding, called Assam-villa, Forest.hill, from one year, Ix, ginning about June last, a private arrangement being made that the two Coleman' and a Mr. Perry should reside with him, each paying his fourth share of the sap. uses. Mr. Green said that he had laid out about 412/. for plate and furniture, for their joint use, the others not paying a farthing. Disputes having arisen among the parties, which led to a separation (Mr. Perry having in the meantime become a bankrupt), the brothers wished him to divide the plate and furniture. This Mr. Green declined doing, as these was a nurrilar of debts to the amount of 401. or 501. due, and he had taken the house for twelve months. He, however, offered at the sod of the year to sell the things, and alter the debts were paid to divide the balance. Frederick Coleman still resided at the house, and nothing more was done until Wednesday, the 9th of December, when the two Coleman', during Mr. Green's absence in London, removed in a cart all the plate and linen they could take. When Green returned he found the cupboard open, the plate gone, and all the beds stripped. —Alderman Moon wiid it was a pity such an affair had not been amicably settled and not brought to that court, and adjourned the case iu the hope that the parties would arrange it in the interim. WESTMINSTER.—Tree FRAUD AT A WEDDING.—R. IV.Crotother was brought before Mr. Burrell for re-examina tion, upon a charge of having paid his wedding fees at Tri nity Church, Sloane-street, Chelsea, with a forged cheque upon Messrs. Dixon, of Chancery-lane.—Mr. Clarkson, who attended yesterday on behalf of Messrs. Dixon and Co. said he had a fresh charge to prefer against the accused fur forging a cheque for 301., sod c .11rd Mr. Montague Sharman, solicitor, and clerk of the indictments of the counties of Mid dlesex and Surrey, who stated that the prisoner had been employed in his office. He never gave the accused any authority to draw cheques in his name. Witness kept an account at Messrs. Dixon's, and believed the cheque pro duced to be in the handwriting of the prisoner. —Mr. Sherman said that it was his impression that the prisoner was insane.— Mr. Walker, • clerk at the banking-house, proved the payment of the cheque.—Other witnesses proved that the prisoner gave one of the notes identified to a servant at the house where he lodged, who obtained change for it at Mr. Smith's, the Star and Garter, Sloane-square.—The accused, who frequently looked vacantly around him, on bring asked what he had to ray to the charge, rsplied, " I drew the cheques because I had an account at Dixon's."—Mr. Walker said that the prisoner had no account with Meows. Dixon since he had been with them.—The prisoner was fully committed for trial upon this charge.—The depositions in the case of utter tog the .51. order in payment of the marriage fees, the parti culars of which have already appeared, were then read over. —Prisoner made no answer to the charge, and was also fully committed upon this case. WORSHIP-STREET.—STARRING A POLICRMAN.—J. Ambrose was charged with having stolen a quantity of lace snefother articles of haberdashery, the property of Mr. J. Morris, a draper, at Rumford ; and also with cutting and wounding with intent to murder G. Pettit, a City police man, who effected his apprehension. While the constable was on duty in Petticoat-lane, at 10 o'clock on the preceding evening, his attention was attracted to the prisoner, who was proceeding stealthily along with a basket upon his shoulder, and evidently desirous of avoiding observation. On reaching the end of the street he turned his head, and observing that he was followed, threw down the basket and attempted to escape, but was pursued by the constable who grappled with him and they both fell. While struggling together upon the ground, an accomplice of the prisoner came up, and on the pretence of assisting the officer, raised the prisoner to his test, when the latter immediately drew some sharp instru ment from his pocket and made • violent stab at the con stable's breast, which he fortunately warded off with his arm. The prisoner continued stabbing at him six or seven times in rapid succession, but after • conflict the constable at length threw him down and held him until the arrival of another offi cer, when he was overpowered and secured.—Mr. G. Childs, the City police surgeon, deposed that the constable had received no less than eight wounds in the arm, one of which was of a very deep and dangerous description.—H. Finnis, City policeman, No. 633, produced the basket which the pri soner had thrown away in his flight, containing • quantity of point lace, cambric handkerchiefs, and other articles of value, which were identified by Mr. Morris, from whose cart they had been clandestinely abstracted during its transit through Church-street, Bethnal-green, about two hours pre viously to the prisoner's capture.—Mr. Bingham remanded the prisoner. THAMES.—Gsstanas FLORES' EXPEDITOM.—EXTRA ORDINARY SCRNR.-14r. Vessey, • solicitor, appeared on be half of the officers, the crew, and certiin emigrants going out to Corunna by the Glenelg ; and to inform his worship of the case, he would fi rst c a ll M r. Briggs, the second officer, to relate the facts.—Mr. Briggs stated that about nine o'clock that morning, Mr. Forsyth, who, he understood, was the principal jerker to the Customs, came on board the Glenelg, and informed Mr. Campbell, the purser, that the ship must be cleared out of all parties on board, including the officers and emigrants; he also informed the chief officer that all on hoard must quit the ship that day, and he would allow them two hours to make all requisite arrangements. Ile, how ever, seemed suddenly to alter his mind, and said he was de termined to have the ship cleared in the course of half an hour. Mr. Forsyth then asked the chief officer whether he wreald leave the ship, and being answered in the negative, said, he was determined to clear the vessel immediately, ana gave them into the custody of Inspector Evans. The officers then (it being about f past 10 o'clock) repaired to the quarter deck when Mr. Campbell, the treasurer, was ordered to quit the ship, but he refused to do so, saying that he would rather be given into custody, unless some sufficient legal anthonty were produced to warrant such a proceeding. —Mr. Forsyth said that he was himself sufficient authority, and directed Inspector Evans to order his men to eject the officers by force, if necessary. The constables then collared Mr. Campbell, and seizing him by the arms, put him forcibly over the side, which they did to all the other officers in sue. cession, who were detained about an hour on the wharf, whilst the emigrants were being expelled from the vessel ; they were then desired to move on, and Mr. Campbell was at the same time seized by three policemen. From some cause which they could not ascertain, the police immediately desisted from further interference with them. The chief officer, however, requested some explanation from Inspector Evans, who replied, that, havirg obeyed his orders in eject ing them from the vessel, he had nothing further to do with them. They then endeavoured to go on hoard again, but were prevented by the constables, who took c h arge o f th e ship. The plate belonging to the messes of the officers and midshipmen was on board, without being under lock and key. Their wearing apparel, as well as some of that of the emigrants, was in the same predicament, and also some money belonging to the chief officer. Such being the etas, Mr. Vessey wished to know whether warrants or summonses could not be granted fur the several assaults ?—Mr. Ballan tine : I suppose the constables brought you to the dock gates? —Applicant : No, they merely put us over the side, and detained us an hour in custoly.—Mr. Ballantine said the vessel was not fitted out with any mercantile object, but the whole transaction appeared to be one of a belligerent character, and he did not think the course of the police had pursued was at all censurable .— Mr. Vessey said . - • . ' -- had to having had his collar-bone broken. In the name of hu manity, something ought to be done for them.—Mr. Hellen tine replied, that under the circumstances, they had better petition goverument.—Mr. Campbell replied that they had done so, but to no purpose —Mr. Ballautine reiterated his intention of not interfering, but added, that if warrants were applied for against any of the parties engaged in the illegal proceeding, it would be his duty to grant them,—Mr. Camp bell had hoped that Mr. Willantine, as a British magistrate, had power to protect British subjects from any undue inter ference by the government. —Mr. Ballantine replied that it was his province to administer the law as he found it. He had nothing to do with the government, which must be answerable for its own acts. The applicants then withdrew. MONEY MARKET. THUG:IDLY EVENING. The funds opened this morning with an improvement upon the last prices of yesterday, and with a better sustained business, although the transactions were not upon any specula tive scale until nearly the close of the market. Some of the Hebrew members then came forward as purchasers, and made Consols, before standing at 931 to 1, buyers at 931, at which rate they were last done and leR off. Reduced Threes, 94 to h. Three-and-a-Quarter per Cents., 951 to 1. Exchequer Bills. 10s. to 13.. pm. India Bonds. 19.. to 235. pm. The government broker took the usual small quantity of Old South Sea Annuities for account of the National Debt. The weekly board of the Bank directors was held as usual to-day, and a quarterly court of the proprietors as well ; but both passed over without any notice abaut an advancement in the minimum rate of interest. It is probable therefore that no change will take place in that respect during the resent yez,r. The market has been dull in foreign securities, in which remarkably few transactions were reported. Being pay day, the dealers would be partially engaged in that final act of the liquidation. Mexican did not maintain altogether the rise in prices of yesterday. The unsatisfactory intelligence brought by the Acadia operated adversely upon the bonds, whit h receded to 231 to 41. Reports, however, were current that the dividend would be paid, which, if confirmed from the proper quarter, may tend to support present prices, if not to improve them. Portuguese were better, and last quoted 37 to 8. Spanish Fives, 261 to 1 ; the Threes, 371 to 1. Dutch Two-and-a-Half per Cents , 60 to 1; the Fours, 921 to 1. The dates from New York by the Acadia being only four days later than those by the Great Western, report no sensi- I ble difference in the rates of exchange on England. They ranged from 106 to h for good and first class bills. Some small parcels of gold have been going forward from Liverpool lately for the United States, and arrungements were making for the dispatch oflargequantities, both by the sailing packetsand by the next steamer. But an obstacle has intervened which renders it doubtful whether, under actual circumstances, shipments to any extent of value will take place, unless ex change comes very decidedly lower by next arrivals, or the high rates of insurance demanded here shall be materially moderated. These insurance rates are the present obstacle. Until recently the rates per steamer were, for other ports of the Union than New York, from 10s. to 121. 6d. per cent. ; they are now 15s. Per sailing packets, the rates were 15s. to 204. ; but 255. have been asked and paid in some in-tances ; and to-day a leading o f f i ce has refused, in the case of American firms of high standing intending to ship specie, to take any more risks under 30s. With exchange at 1061, such heavy charges for insurance would not only leave E 3 profit, but entail a loss. It is probable, therefore, that the bulk of intended shipments will be suspended, wait ing further advices of the state of exchange from the other side or lower premiums on insurance here. It may be re owed that the highest rates quoted, as being asked, are not for New York but fur other ports of the Union. The chief cause assigned for these enhanced premiums is the unfavour able season of the year But the chance of Mexican cruisers may also be taken into account perhaps, as according to the reports by the last Mexican mail so large a number of letters of marque had been despatched by the Mexican government to Havana, most of them with destivation for Europe doubt less, for the chance of finding hardy and enterprising customers. .60n301;for Account, 93i I Ex. Bag, 1,0011/., 14d. 10 13 Ditto, :Mt., 10 13 Ditto, Small, 10 13 ENGIISII FUNDS. Bank Steck, 207 per Ct. Red. Anna., 9ii 4 New 31 per Ct. A 111 3 ,.. 941 Indic Bonds, under 10004, 22 south Sea Stock, old Arab., 931 FoltglGl per Ct. Mexican Dds., 1846, 234 ; Ditto Ace., Dec. 31, 23; 4 4 per Ct. Portuguese Bds., Acct., 371 7 r FUNDS. 2 per Ct. VcmexueLi 1345., 40 24 per Ct. Dutch Examinee, 12 GuiL, 50j Q RAILWAY NEWS. There was a quiet market yesterday, but steady. The report that the Great Western and North Western had arranged their differences, led to an improvement in Bir mingham and Oxfords, of about 1 per share. Letters from the north stated, as almost decided, that the North British is to fall into the hands of Mr. Hudson. The French lines came rather better Irons Paris by the mail, which did not reach till late in the day, and the letters, therefore, were not delivered till some time afterwards. The Liverpool market was tolerably steady, without any material alteration in prices; but the business continued on a very small scale. There was not a large amount of business in the Manches ter market, but though sellers predominated, there was no disposition to make sacrifices. A limit• d amount of business was transacted at Birmingham, prices for the most part being stationary. Shrewsbury and Birmingham were the turn higher, there being sales at 41 s. 3d. pm., and in Class B at 235. 9d. pm. Stour Valleys were done at 2( pm. for cash ; Birmingham and Oxford Junctions at 71 pm. ; Dudleys, 51 pm. ; Ambergates, 1 die. ; North Stattordshires, 31 pm. ; and Shrewsbury, Wolverhampton, and South Staffordshire Scrip, 365. 3d. pm. There wu scarcely any alteration in the state of the share market at Leeds, either as to.the extent 3f the business done, or the rate of prices realised, a.. compared *ith the previous day.—Notice as given, that hoinlay will be kept at the Stock Exchange on the 25th, 26th, and 27th December, and the first three days in January. The Bristol market exhibited symptoms of improvement, and prices had rather an upward tendency. Bristol and Exeter New were done at 7, and Caledonian Half-shares realised 21 cash. Great Western Fifths, 301. North British, 16. Shrewsbury and Birmingham, 41. 18s. N. Wilts, Somersa, and Weymouth, 91. Is. 3d. Great Western New, 171. shares, 7. Midland 501. shares, 61. 6s. 3d. Taff ale Stock, 12. RAILWAY SHARE LISTS..—LoNnox, Dec. 17. Notts.-74e Quotation. or lines in Doman characters denote actual Sesame. Um* , those of lines in lealtes sellets . prim. • 11D. 211 31 I , london sod York ll 2d par. Du. Etteolluo 2Nv.Lew B•lldmer,4 Yee ee 13u 13 ILyto and Ely .... 3 - 24 13 ,22 1 10. sod Derehows .11 .31..dasto A Leak •I 3p 34 Do. armee. 7 2 Do. Awes lid. tlp. 2 Do. Fortis . 61, Do. allteenths IN Do. Ratenskes 21 I* 1.444 w al 4 I Du rie 11s Mooch., brat..! Nall 2 Munk. 4 arrekagyiss IW 21141444 36 Do. New ' Do. Nen 4 ,, ! ihrsum. t Doi ;Newcastle and Merest 4 llietr- P• 111. 13 2berdeen 21 Amberrett ... ..... 4 • I wrin., VS 44, a De 2117• I ilsreeisarkeas e Gloster 1;4 Do. 144•4 ( w. 72d.) 2 111 rm. 12 petard J.C el TO tiriaol mod ister _ 2 Do. New 3, brsolol epee iikeeproiMe 11. horlthrtekkoulalre 23 Caledonian 2. Do. 2 elutes 272 Mots sod Mel2llead .. 2 Memel end NOY .... I Lumina % Do. jeform. 2. 1 hrftle ifortAers. 121 Dralia 4. 34(44.41 loorto Ilj VoWers Oosattee 121 Do. New 2 Do. York Eneeeloo _ . Id& ! it d Id. lb bd. ELTLI;.;;Z;.:777 Do. Now Do. Nor (lote P.. .r Ones., Do. do. New scrip some Liokeoloaoloore 4 e. e. Y. 311 e. _ N.+...< e 44.4.11. 4 ciswon North 11,4164 Owns De. *shams Do. Extrados /.X Do. ?birds .4 .4 . 1676 - 44;;; - 67 - 4.47. - . :::: ;: 144.6.444 4 61•44•4.:. Do. f Wtafoo Do. Mara IStopoinsretamlNoarroi Ip. i 7 19p 74 74 34 14 19 3 a... 41r. 1 le Ely and'Honta Late., Peril, u. lomm Chwaties iNorthens 4 ( m a. I De. (a. gia )1 l&-south & Weot (44 Hit. North or Ragland — De. line Do. New e. Neur Greet Wader* MP, 17 Of. IS Up. SS 111 p. 7q. 9 111... 4 t 3 1 :7 . 07 17 214 10 Ilp. I 54 a 1e.17., 71 ID e. a. • 4 SI e.a. 1 lip. De. ism * IL' D.. Nee Fir Ur Ames sedllf... Do. e Mum & Huey ISS. De. do. Neerlst Lawaater 4 Carlisle A. N... Leeds and ilesdtard Leah end TAsrak Ibp. Nom Lod.. Der., ItersAar L. M. ar N. (dim, A. /w Zan (Orem). Woreser.,4 Weirl 3j, Purustouth Dinct 'Vrestoe and Wyre Do. 1•111.11 itoystua and Illteltea 10v 541116.1* Mcon4olow 1 13 L .inaten4 Ceograi I: Zeottirlt Midlaud .IBrevre. At Bina. elms . _ llnfesterflerd LI,. Maa. aad N. Jam rad., and Jaaalavdt 1 Do. Noe Lead. lirlabtaa Lks. do lbws 111....Z1 'Me e Deno S. Brater,. 3 Derr, Do N (iot 311.) De. 3 A. N. (331. Oh 64)11 I Do. N. (do. 36L) $ Do. N. (4. ID.) Iflostk Wales Waterford q Kallkneep 'West Ittdlog Valor o Wolto,Soto /Vermouth York and Newertie Do. New -Ad. Brut►m. S. 00., ha 4 Om. "Ilho Do. Com. Eighths .. Po. Osars. 6p. oAdas I Do. Preterewe I Tort It Nora Ilidinad 1 IVlNernee modem II N. WeWero A. j Nom. 8 Do. New ikons Do. Fifths A. j New, G. J. De. 4111. *1 lAt. HE tl ,N# 1 lb. III : 0 . 8.. Y. .18 p. . 1 N . 11 13 u 113 H . .* 21p. . If 14 .u 1 Do. Morn . Do. heft ..... F." 2". 1)o. E.LN Alight Ext. Loma", ll*lLwtft. Boulogne 4 Arne 4 lift, Ikonersoa :D."" fL.r6a f 11440•41 I put /0.44gr0• !pest No." of I,:nuor.i 1 lip. 22 24. 0 086 1;;;;:d... ---- • ' Y mut Laere Mesas and Vlennaa 1 42rinana nad liardeaat 1 3/ 4 1111 1.52 •,,_.a. 11 71' , 41 11 ,171 NI 3ip• 11 Sp. 15 Sp. 14.11. Iw. 351 !k i I Id Id. tore id 40. :a izt 14 i I 1:1 - ;;. 101.ia:11 - i 8.4 Paris •nd 14064 Wastes,. 41j Landon aB. atv...• • Paris ...4 Orloons .. . 40 Du .14'ete Ow. ORR. • J L.. and llerr.. 224 A. Nrw. ...... ....• 2 Y nna and atranbearg„ 44 10 A. New 2O Rouen and 11arre...... is 1 Ina Tenths- 4 A. froth. ll ratsz ;71 )a1e.... ... i I , l a. I Du. Scrip 4 De. do-. ......• •4, a W.., Ftenniere Lremonoi, Dec. 17.-slakes: -E. Countiss 224. - Edinburgh, Leith, Grantor, 20 (ea. Ed. and N.); G. Southern and West rn, 11 le-London, N. Western, 1944-Do. (new i sh.), 121 p.-Do. (14th sh.) 17 p.-Lisidoo, S. Western (new 50f. scrip), 1 p. -Lan chaster, Leisis (14th .a.), si p.-Midland, 1274-N. Britanh, 314-Do. (4 sb.),l(p.-Do. (I oh.), 24 p.-Do. (1 eh.), 3, 34 p.-Shettield, Man. ehater (4 sh. No. 2), 25 -Do. (do. 3;, 6 d.-S. Essteni (oew Ma, No. 4), I p. -York, Newimule (pref. eh.), k p.--York, selby (pref. sb.t, WI p.-Caledonian (4 ob.), 6 d.-Dundee, Perth (new A.) 51 p.-1- lAuxushise (new eh.) 31 4.. -Do. (new scrip), 280. 9d., 11 p.-FAins burgh. Northern, 2 1, 1, i P. tee. new); Grimsby, Sheffield (elan. eh.), 24 d.- -Leeds, 1M _. (new 'stn.), 21 (ex pref.)-Bamingbana, Pudie7. 3 i. I p•-110Nim, i.fifiiftlJn., 71 p.- Stamford, - - A - - - N-G . livuovr, Haat . 1 ' a yt t luery Ne ne wc4M oh le from nm mh Pan ich 7' day "e"Wan thatcompan b'in y were 1A4;1424 s elves all the debts and liabWbes of the Pontop aril so u ib st ,„, - . 1 C o mpsay and the balance wit to be paid tu the propri etor . c•tste year*,, by four equal halfiyearly payments with intere s t. i t , t m" . .,_tik time,at the rate of four per cent. Ile (the Chairman), th erdar ra,, to move the resolution, that Me meeting app rove of the se made by the directors, under the act of butt session, for the railway, te, to the York and Newcastle Coleman., and d o '" wi them to do all acts necernary to carry the same into lull elt rct ,„ motion having been seconded, the secret a ry, Me, k7l a Ms a n s wer to questions put to him by several proprietors that th e 'rb al t ties of the company stood thus : the oh de capital w a advances, 16,6671. • the amount of the mort gage deed, tat,ANtti the Mau bt to the Alliance Insurance Company, OW • w o t,l ll . total of 478,46 71 Against this there would be the 4' . ' pool money, 10,0001. the value of some collieries, and about 18,ae077„„ standing debts to the company, so that art the chairman had .71 there would, it woo expected, be assets enough to mom ta -wei p ro p r i e t o r, probably 734., but certainly not lota than 7a. per 1 . 2 lir: W. Pollard, proprietor, concerned his opinion, th„t tb a • of interest to hmid by the purchasers, until the ompled oo 4 1 : purchase, shou ld not be leas than five per cent. Mr. Pet°, ern d o . directors, defended the agreement, and observed th at the ago 11. m i d." M.P., had been made in a fair, just, and busainhia* Atter a brief conversation, in which Mi. Burro axle, worm, and other gentlemen took part, the rewAution was agreed Mr. W. Pollard being the solitary Watteau, t. Thanks were t b. voted to the chairman, and the meeting lroke up. MISCELLANEOUS NEWS. —urtranProte ANDOVII Jtmcnox. A new scheme Is project e d to from Andover to join the London and lioutri-Weat ero p p r i r also to join the Bishopstoke and Salisbury Branch Ragwort Micheelmarsh, and from the same branch at Rams e y tst ot , 4 1 Southampton and Dorchester Railway at Redbridge, all m the ... of Southampton. Circulars from that compiny, awned the Z . " Bircham, Dalrymple, and Drake," solo:note, L oo d u g , p rll undertaking, hate alxi recently been lamed, ioking the moo d :: occupiers of land, through which such a branch hoe is ustr i do: D ora, to sign assenting, dissenting, or bi log neutral to the p p ; This, it iippesirm, is intended as an opposition to th e Manchester tad Southampton ; as the opposing solicitor to one is engag e d t o foam , the other. BEIsTOL AND POOLE HARBOUR.—At a meeting; ef Poole Town Cmuncil on Monday, the following resolution was Man muuAly pamed. "That the corporation assent geneLdl , to u ti . an d p an U. mnbour hill, but oppose the inking by the ( , 002psay qua ys." Socerff am rrote.—Mr. Lacy, one of the direoets of th South-Western Ithilwar, accompanied by Mr. Emir sa d ssja . engineer, have been surveying and making a very maths i en ,„„"_ of the Sou th ampton and Dorchester, prior to the ania.me n n a T a i; two roads. ROUEN TO HAVEL—This company Las addrmsed th lowing note to the Syndic oldie agess4celmnpe at the Boma: Council of the Ponts-et.ChausiSes has dezided that the *Mew Malaunsy should be subjected to a trial, &med exceselth b*, moat comp , tent engineers. The board of directon often,. after having protested against this decision, has thougkre - Q . sary to submit to it. In this state of thing., the i minnnine Interests engaged in the liners railway, imps, ontko z, of directors of the company the duty of preeenta t i„ r ,7 4 lies in its power, the manaovz cs to which mad& erroneous statements relative to the result of chi, md m o t in , * In consequence, it has determined to communicate to you day kya. a bulletin rendering an amount of the poems of the trithre gen n n you to glee t<o MUM information, the publicity that pm proper." "It may be as well to add, " oars (infirm. t," misuse weight required by the Pontmet-Chaussees has hem os thithe duct now tor some days, without any settling or Merinos in gin works having taken place. The inference to be ‘421.111 fr ets this is, that the weight in question will remain on forthe period (aim* without any injury being experienced by this great work dime HAMEL KO AND BERLIN.-1t is stated in a late bat Hamburg of the bth, that the railway from that eity to Ilia s i n just been entirely completed, and that two days peerlessly m Non arrived there direct from Bertha. The following day As ink n a Danish and liumburgian commissioners would examine as Was d the railway wnich is upon the territory of the Duchy of Wrath.% and upon that of the city of Hamburg—the pertain which womb a the frontiers of the Grand Duchy of 3lecklentiurg-Se barrio. If the residt of this examination be favourable, of which there an doubt, the entire line would be opened on the 15th init. Ike ransport of merchandise would not conunecee until the Is of on month. COMMERCIAL AND MARKETS. PRODUCE.—MINCLNO LANK. Dec. 17.—The rugartnelitet la been dull, but pries have been supported. 170 Ithd.s. West lake* and a mall public sale of foreign, oomisting of Rana, Mani ll a, at Java, went od steadily; the importer bought in the brown Oslo. Grooers continue to be free burns of:refined, and priers sir agate dearer; standard quality, 635. Gd. to 64a. —Coffee : W/./ leas Mamma Ceylon sold in public sale without any material attestors m pram 47e. to 66.—Itice has advanced lid. ; 1,50.1 hags low middling shit Bengal, found tree buyers in public sale, 17s. to Ins., and WO tap Madras sold at 1;s. 6d.—Cotton The market has been free his excitement to-day ; 1,000 bales sold at previous mtes.—Tallm sagy at 50s. on the spa.—Saltpetre firm. —Tea continues dull.—The petal market in Mincing-lane will claw for the holidays on the 24th les, and reopen on Tuesday, January 5. COY lON.—Liveatooh, Dec. 17.—The market to day hia hem kw animated the sales were 5,0 0 hales; 1,500 on opeculatita. Manners, El, Dec. 17.—The market was Bd, and holm has been done since Tuesday. In the transactions which hare taks place the advanced prices were maintained, and the teudesey I upwards, both forcloths and yarns. MEAT.—Newome urn LEADIXHALL, Dec. 17.—We had saw* trade, at full prices : —Beef, 2s. lid. to de. ed.; mutton. Is. Id. to 4a bd.; veal, an. 10d. to 4s. ad. ; and pork, 3s. &LW 4s. lud. pet IMa by the carmine. SHIPPING INTELLIGENCS.-MArta. 3all. DOC 440. DOC , a&C pea , at ML Dahlia . . . I Kuhaad . . 01.0dIsatailoata.u . v links rt 3 W•terford .. 0 I Flanders . .U 0 aidy.,1%.6.W. 0 Harm& ha I 1330aaand , a 0 0 France . 1 I h.alua aad OW. lulianstal 0 Omura &Jen. 0 Lisboa Dee. la /Midas . . 0,0 Brazil 0 Hamburg . . 0 u Mellitensa. . 0 GRAV,AICID, Use. 17.—Arrived : Princess Victoria, Antwerp; Pa bst, Wats ; Ernest, Kiel ; Itoseberry, Memel ; ah May, Nene hag n • Eliza Lotus, °dinged; Mentor, Gran lines; Karen Nina" Odense ; Faedrenes Mande, Holbeck ; Erne, Kiel. —.Sailed: Mum, 84. Michael's; John lienderz.on, Porto Rico; Maltace, goliterraawa; That. Arbuthnot, Port Phillip; liotw, Antwerp; Belfast., Calais; Harlequin, Boul o gne ; Messenger, Con stantinople; Sir W. Wallace, Boulogne. LIVCDPOOL, Dec. 17.—The Harkaway ' for Liverpool, that potted to Virginia, would have to dischtuge all her cargo, part of which Ina damaged. The Friends, from Donegal to Liverpool, was drives a chore near Ballyconnel, on the 10th mat , and le lhatiy to be awn& The Elizabeth Holdernceis, fur Liverpool, in coming down the Min. machi river, got aground about the 26th Nov, Lut came of without ariatantx, and proceeded. The Minerva, from Liverpool, at Perms. le•co. 'lke Runnymede, from Pernambuco and Persil" Liverpool ; she sidles from Pernambuco on the 30th Oct.. and fit. Paraiba on the 14th Nov. ; left at Pernambuco the Caroline, Ina Minerva, and Ica ells-and at Paraiba the William Kiwi!, mad Norval, loading for Liverpool; off llardeey, pored a wry large Owl of inward-bound emetic The Montezuma, the Michael &Mir, :td the Waterloo, L urn New York, at Liverpool. The Chemin°, from Baltimore, at Liverpool. The Marino Plan'. Riga, at data. The George Canning, from Liverpool to 31:Ira:area, was totally wrecked on the Otto Sept., between Para and Maninsam, crew saved —The Either Ann, from Liverpool, at Peenambuco.- -The Charles Chaloner, tram sit. Johi's, New Brunswick, at Lverpool.—Suled; Zephyr and Diadem, Santa Martha; lksuallecc and Marks ton ; Mary tlantibell, New Orleans; %Sandefur, .thcante ; 'duos. Copenhagen ; San Joaquin, Ilavannah.—Off Pmt : l'ideha and osprey, from New York. The Runnymede, Capt. Steel, arrived at Liverpool from Versate bum which place she let on the sigh of October. Aecordlng to the commercwi intelligence the cotton and ewer crops were ten' fw , and treights were, tar sugar, des, ; pr 'Moe. three farthings. [Advertisement )-ABTHMA,SHORTNESS OF BRF.ATE, Coot's, AND Cmm.-A 7111 . 1. T -7 he Rev. David Williams, the resident Wesleyan minister at Beaumaris, in the Wand of Anglesey, states. in a letter dated the 14th of Jan., 1813, that he " recommended Holloway's Pills to a poor man of the name of Hugh' Davie., who, at the time, was almost unable to walk fur want of breath ; that be bail only taken them a few days w hen he appeared quite another man; his breath was easy and natural, and he was i► creasing daily in strength." These wonderful Tilde cure any cough, cold, or wthu.a. Sold by all druggists, and at Professor Holloway's ebtabiishmeut, 244, Strand, London. BIRTHS. ALNAWORTIL—Itee. 7, at 51017:174t:urt, the wife of J. L. Ainsworth, Dier, of • daughter. miuttr.%l4.—Det. 15, at 27, West.aquare, Mrs. J. ff. Andrew', of a so, mill born. RADDER.—Dee. 10, at Kingsland, Shrewsbury, the.wifc of T. J. liodf• Kip., of • dasehrer. 11111111,01.)/1.—Dee. 12, at Went Draytos, the wife of Lieat Burroegt, R.N.. of • son. CRAWLRY.—Dee. 5, at Bryngerris, the wife of Archdeacon Crawky. of • eon. DOWAINO.—Dee. IS, at Enstors•place, Lustonriquare, tht wife of If IA Downier, Eaq.. of a d ugh trr. ELOIR.—Dee.I4, the wife of P. T. Ririe, 6p., Mayor of Worcester, of a daughter. KENNAWAY.—Dee. li, et the 11.rh6rld, Exeter, the war of W. Kum, way, keg., of • eon. NENYON.—Dee. 11, at Itabberley, the wife of the Rev 0 Kenya, If . daughter. RENCIL—Dee. 13, Mrs. W. Renck, York Cortaro, St Sidetirs, of a sod TRUZYAN.—Dee. 11, at ltluallsoutMohl, Iles. A. TrlllttlLlY, of • soh BRECHINCI—THOMPSON.—Dee. 1, at Southborough. Tunbridre welle. l l the keg. C. Isigsby, M. Beeehing, Eq., battler, of Tuubrulge. w Cstbrrink eldest daughter of M. 1 \marmot., Esq., of South borou.N. hail DAGO—SHA HEIL—Dee. 13, at 81. Marra, Cheltenham, T. K Darr. DC 0 1 ht. at kloMosbury. th Hr Yeasees Shupe, of Leesuagsm• Cheltenham. DAVIES—LEW ELIN.—Dee. fl. st Myntddyslwa, Mr. E Davies. corrier,of C Witte, to Mn. l ewcHo, Hogan toothier .1 T. Lewells, Esp., healer, of Torkom•bours ,Cowbtislge. DA T—W LLIAMs.—Dee. 10, at I.lanhavelaeh, I'. I) ty, Em., .1 Etww° Porthatael, third sag of the late Her. J. Day, of North Totteuham. Margaret. eldest daasbter of H. Waltanta. Emu, Mont .c • r- un- Mit IsES—BEKSIA/f.—D. 13, at St. James's , I.; the Re , W• N. Merkel..., Mr. A. Forbes, at Pori lund place, teltngion, to Nary tone. daughter of lb. Isle Her. 1. Boehm', of Cr....brook. ELIOPEK—NOHTON.-11m. 10. at Whsechttech, W. la Hnomr, yell • o °_, Nora, to Lowy Margaret, cooly daughter of J. H. N. Norton, Whiteehomb. PRO', ILLIAMA—Dee. It, at VsL, by the Her J. "News'. W X Xed., of rengrothley, How and eldest .on of P. frrosser. Eat • ri Oarway goon, to Jane Elizabeth, youegrst daughter art Mrs. %Solutes. e 1 Pawn... Mo. CA. Tile/Et:IT—HON E.—Dee. s , at Truro, by the Rev. W. Honer, the ilea. E -11. Tar Itett, Baptist monster of that place, to Rebecca, nisi of the late ite, Mr. Howe, missionary at Detnet •ra. WARE—NttitMAN.—Dee 01, at Liatset, Mr. W. Ware, farmer, to Axe. eldett thought.. of Hr. Norman, of ituelden. DEATHS. ALSTON.—Dee. 7,01 81dm oth, Wary Anne Elizabeth, t IJett daughter a tbe ker. V. Almon, of ildrU. ABYlN.—liec. 111,st Lower Morten, Ann, the wife of Mr. W. Atpi.../.0 71 KOHL {SE.-11.e.,, al Itrlston, H. HAAN., Ests , aged al. S CLIFTON'—W.< Loot., the wife of J. Staked, fr. - Ad... 0 EE 00 " 0". Chelteahales, awl youngest daughter of the law Sir T. Jetsam, Bart . et swesse LOLYIN —Urn It, at 3, Shaadwiek•pbee, W. CMOs., Esq., of Torai l3 ... Depot, Imapeetor of Hoapitate, 00X.—Dee. 11, at Oakkam Hare, ItneHry Reale, Mr. C Cs. NMI " DAWIDI.—Uee. 13, at Aleulnitton H.U. Market Dray ton, Col. Dawn, C DEADaN.—Dee. 11, at krindsbary-rood, Hui:heater, the Nev. T. Dcaeiii. of 81 . 64 . aged 111. ELl.lor.—Dee, 11, at iltabop's Hall, William Franck, the infant ton of R. Y. Moot. limn. FYlN.—llse. 9, at aholtendane, Margate, Thomas, second Hio of J. Fyk, 16.0.,Late at Daaterbary. 0001191 liN.—Dre. 11, at arteknock Cottag. a, Cawing New Tow., . 63 . 1 . E.. the wile of Mr. C. (loodwya, aged 33. HARROLD —Dee 11, Frederick, youngest son of M. P. W. Harrold, set chat, of kdratinghata. 11014 AKIL—Dee. 13, James Ramell, eldest vet of J. Howard, F 3 d ford, kr it 33. 'IOWA e. 16, Lady Harriet Howard, second daughter of tLe Earl and Countess of Wicklow. LEE.—Dre. 1.1, of 4, Albert. terrace, linlahtabridge, Miss Leo. LINNIT —lh.r. 16, Mary Ann, last surviving caught., of I Llano, le, bloomsbury .quire, latekd Argyll-o.e, apt d 19. LI:CAS.-11,e. 0, Harriet, widow of the late J. Luca., P. 1 , of West Haul. Moon. and ',unlit. daughter of the Lox Ate.. C. Hodge., A M ,ot Ura - doe and Woolvainon 13 i. a .sai t I , 4c 4 rster i. , Major W. H. Hamden of On 214 n• 101:NLET.—Dec. 11, (ImM Pits, Ihratford.on Avon, W. H0ua,7•14 M. allvd _ Iollloltolrlt..—Dee. It, al Marston, Lamy, Faapy Norgrore, eptsslo7, laO at Mrtra•r Lwados, 7, /