The Express. — London, England, 1849-01-29 00:00:00

ail Wiseskg silmithise bin tbnlin SIM Whet that the SHOP bad beenfeepepsdy peened by lke homes liii ittwho wee kthe emplegniwat glib. Ihrewm, apriatado er' , empieyed by her WM. wed the Prime to plat elf espiee alba stakes, cezpiether t ni e de iken thew The bill , ea amended, Mated the see saw to Bk. Brews and retorts* but seep eit Semis they Were always kr pt inthe private pieleithell eilherikkety auk. rime. Bevo l cere f of ears tithe angterekwa were given w th TM gel= seli lli:a r pi " ri o t in ki her e lN en:we ll Eli amt he Ire is eha eed:ithill to Demeabet, and a motion we made me his behalf ea the 13th ith that math se Absolve se meek of the taisetlen as re- Selma Mat frees peblishing the descriptive catikpas. lii thlawatie le kw likkete's and the Prises's whim he rah mist. Ile the ether pirts cf the Injunction. The Vow Cheesier staged the motion, and continued the injunction in its kg NOM ae dust pealed. His Hcsour's elaborate judges& we reported in the Esproao of the 17th bath Th. sweet 'sties teen spiel hem that jadgwent, and is coedited he the partial theri~sa of the pest injunction, that is, the restraint en the *SW's el the descriptive maelogne. The mods we math ea behalf of the defendant Strew only. Mr. J. Russell, Mr. Bolt, Ms. Watemt, and Mr. Sidney Smith have been heard in support et the motion. TX. a arguments, which occupied the inert a great part of Fri day and all Saturday, wets I. the hallowing effect, They had no sympathy with the defendant privately; but, although it bah. ted hiss as • good sad loyal sulejeet, and as a matter of feeling and respectful consideration to- wards the illustrious pith:wages ea the other side, to do that which he had already expressed himself prepared to do— namely, to yield every deference to the wishes and to act la eactedanee with the desires of those exalted persons—yet, when the question was enesidered as a point of strict legal right, it beams v. ry different, especially when he wee chased In the bill with baviag obtained the subject matter of his publications " sarreptitiowly." It was alleged on the ism of the bill that wrath etchings hid bees made by the r.., the plaintiff, and certain etchings by her Maim,. Now, the catalogue set forth Welder that had been mace by both the plaintiff and by her Majesty. But in those etchings which had been executed by her Majesty the plaintiff had no interest, even admitting, fee t sake, kis interest in those actually made done by, him self. The right of common property did not apply to this ewe, and the plain'iff win banal, hoth by the common kw and the spew provides of the 3 & 4 Vie. e. 2, the seetleasent es the Fithee's marriage with her Majesty, from interest in Sees etetmge executed by her Majesty. Yet the *junction against the deendant extended to these etch ings, and thatches to matters in • great part of which the Prime had no interest to sustain an injuneticer. Supper fag the plaintiff entitled it the injunctioa as regarded the etchiacs made by kii.melf, he could not be entitled to it in reelect of those which were not his work. The whole pro. °ladies notwithstanding the allegations to the contrary, clearly showed that the defendant Widnes been influenced by the desire ha give pain ; fir in the eitalorue there ran throusthwa a strain of high 'nifty, which, if it was even teemed in bad Ste, and offewith to the feelings and refined taste of the illustrious personage., as doubtless it might be, yetahowed the Wankel to be actuated by feelings my dif ferent hem a t sae to give pain. It appared that her Ma. jam sad Prince Albert gave copier of the mgraviage to private Mends, and that, to prevent publicity, the impremies except oft a certain occasion, had been struck of at a private printing press ; and the complaint egoist the ddendant was, that he had improperly obleimed *yield In ki th t it y plaintiff alleging that they were milim leaded for , and that as pence bad • sight to Immo anything Mom. That was the qvailisia--voliffsme a penes hooky a knowledge I. his owe obi _swells Gouda works of art dam by maths, penes, me to be re- strained from isiaa that knowledge ? Seale of these etchings it appeared, were from Meisel drawings, sod others be. old atewavtap. They were placed in the apartments of her Majesty in the Castle, and several copies were given away to friends se i'hotat any contract or restraint against publicides, The viatica was, whether the plaintiff was entitled, either ea the grease of property es of eastract, to restrain the Is. *dart Mot embodying and publishing a dewriptims et these weeks. TM wee was put lA the court below ea the pound of enure delivered from manuscript notes and taken by a short hand writer, and published without the sweat of the lecturer, se in " Abernethy v. Hatchic sea" (3 Law Jamul), or was 'pat co tie footing of the pediments ciphers letters without mason of the writer, as Is " Gee v. Poloshad." But the mead bore no analogy to those ones ; the jubilation to strata publication is bode mem was eapreisly stated to be ma the pound of pro plate in the Masser and in the writer of the letters. Ad in all cases thejurfedietwe is founded on poverty or apes breach ef contract, or of coaddeme. These grounds do net exist is the presind cots, but the isjaastisa against publies don is put ea the grouse ells Wag very stared to the feelings of her Majesty sad the Prime, which einicstaly re air from the praises beeped *pea them hi the Bet is " Gee e. Pritchard" (2 Reseetes 413), Indi= Mateo meet distinetly that m injunction to remain skim don as palatal to este feeling camel be waintained. Tbe bill did not wake • arse of property ia the etchings, ace $ sem of breach of contract or of ecalldwee in any es. Ia the must below, Mr. fierjeaat Telfeard, on behalf el Priam Albert, weed the eras es the d of an Livadra of hie royal hlghasses primay, std maintained that ming was essential to the idea awe had of rack property as that of the *Whims. It was Miceli to mainland how the psi seilw mho invaded, or the enjoyment lessesed, by ths mere codas et • list of certain stchimp said to bio is a piece. Nothiag was taken from the pielatiff,• wee gives I. the defendant ; the *Stiff me net the pram by the taking, the defendant wee not timber by what Its gel. It we like lighting one's torch by the Week of seedier ; the latter lost nothing by it. In Abernethy's caw, an Wane don was applied he to restrain the publication of kb lectures, and the pasties was rats d es to the projierty to whisk a man could lay claim In words spoken. The right to each property was suocesefally disputed in that instance, and the injunction was refused. The plaintiff then amended hi, bill, and made an entirely new ease ; and alleged that the lectures were paid for ; that so person was admitted to hear them, unless he had paid • nelacription, and that there was an impl•ed ceetrect, that the pe MOS who heard them were to mike no publication of them. That altered the case, fa it altered the question of property, and the injunction was then granted. The ewe proceeded on the paned of there being an abstraction of the property Tax ' sensed by Mr. Abernethy in his Pawed—that there was an abstraehoa of the plait, itself by the publication ef that which Mr. Abernethy might afterwards publish himself ; but thee it was • case widely different hem that now under sonsideratien. It might ai readily be send that the painter or the artht, who She ices his subjects a es the works of a novelist or poet, and represents some of the scenes of the novel or mom, was depriving the author of his propel ty, as to contend that the defendant bad taken any of the pro p! rty of the plaintiff by the publicat on of the catalope. The artist introduced figures which recall° I the scenes of the author, and awoke the lame state of mind and the game ' feelings pr elitted •by the perusal of the beck ; but did any one vesture to mart that he took any property from the author that the Court of Chaecery would prote. t ? Falling back on the well-known practice of the court, they main tained that if there bad been any violation of pr perty the court would not interfere until the plaintiff had established his legal right. Before the injunction was granted the plaintiff ought to make out hi, title to the property which he claimed. The defendaat, in his answer, positively denied that he knew Judge bed obtained the etc h cg s improperly. He said he thought that Judge had bought them from a per ma named Middleton, and that he believed Middletat was entitled to sell them. He (Strange) never saw moss than cos of the etchings, and that he returned to Judge. The way is which the stabilise were obtained formed a gustiest totally different frees that of the publication of a list of the articles so taken. In the ewe beim Lord Ilion, of "Aber- nethy .. HaSren," it _wee eirdoretiy Lid down by that Isentedjadge that, dtheepitheernat reetrained the defend st fres priating the lodates, it amid sot restsaia him from readiag them to his private friends. The present bi llionths west far beyond my over before granted by the most liammriag sad roversosiag, as all palms mast, ths Prime sad Us Majest a y ; :z i trvoted they were sot is slightest that t la u the rgiag upon 41 C from a must set Se depart,depart, re even fa their ease, tram the estaillikad of somas of equity la the eternine of the as to granting iajuastims. The props mow to the mastics in this case was lie answer ghee els mmtmeles "liream other agithhaties susses hiss Almelo maid. ' ass was mai *kids Ile *Wisdom on Mem woad of praparty la the pidadt or boss* of matmest or of samilsoss is the dminedsott. TM dellinieet we saabiskto publish a iota byte from the knewbrigps whisk he had ithed of certain death& mid to beim to Ile plintiff, and it was mid that a debt of pmgnoW 4 the Oft. is which the knowledge of Ile NIE~ slat West by prelleility give an exclusive right ta data= of each cotalagas ; sad it was *sp ree& m s _b' of any sunset, then were commissars yenta give Ms owner the emissive alight Is Ibs kametrios of them shah& impress • seldom's had sa ealsadve oalleillan sad be should think is to admit the publis N gl ifiw pistons ea portholes days, awe the ass laimatly ; the whim= fa whom*, =ar i m es =dr a ld e ast ei rmat a mascin em= wordy of bolo dassolited, or it IMiell:ims suck tioa. The owner of the palatimp hod • propsoty da li d Z mares upon Which the pistares were painted, lad be had a sight to the particular fonts delimited oa the suns% and he might restrain a person from roprossatiag the sale je tif seek picture la that malodor tank boa be amid have ao sight maludnly to the kamoisdas of whit M. pie. be. represented. Any peas who had seam theme forms aught embody them is male, ce nil& dominos them Is poetry ore soy ether way, aNtsoo_lto _amid hawse right be gee the him In th at fora which bilateed Is the Pferlistor of Ms awn Tbea, wain If Ike wars of pleuras did not Moak to Mew Aim, hat if lb smourla la his ab souse sbest la dmit alsomeon into the limn still that would sot altar the ere. Thee adikt hes tZi edge ermithhth b 7 limit Onagor far whisk than is • Twisty smiles at law uffia, llie =iwoolairi e b o d s i be ./ th , p i, lamented frma dmornft them la way way . ha Owned it. bus if a *loth had heft skim, sad kiag aware et the tart n ebliasi a view of a it, P atho kw emir sot Om= the kaowledgo he had smoked. Th= amid be the last puma ta Azmpady kr them who wished to latoule mon salial : et NV re% tortisalaly them Nab' he tbe wak amps{ Mat Os *We was but On ass at Os • wag-1W the sepias of the we; bad been ha. =strolomol. and OM the dieleadams haw the wow ia we. _b 1 . 1101 tha mon mild net man& Ws lam mobs that knowledge whisk had bola Imam awl aimatriemissa. This mutt would not ref stresktios al knowledge t so mart and no law Mull deprive a maa dewy Imombilas Ite_bad segulanlimbeeuthealls Mull wan bow le lo tam oillimod to ame that Ifira 1119 deftiefimi ail alionvalse Win mkt ail h. leng to him ; be was 'sly nig On knowledge he had • right to; he had used that knowledge by desseibiag the e in • way medlar to Massif. No man se t r i tve a popery in the ideas and in the keowled; • of anefsbeg. It was certelely placing counsel in • very &Saab position to argue that this injunction night net to be contionnli tibia I had been expressly desisted by the plaintiff tint ebb pnhilenden of the catalogs* would be samentely offimeive to him mid bar Meijoggy i 'menthols's. it was their duty to ccateni thee die kw dig not arvlteeise tbe wart in restrablog Ito pollisation The dabadant bad Meted in his answer that oboe be beard that the coarse be I wee paueoing would be waive, he had hnotedistely den/e -mbed to give up all Wait eppealag the plaintiff 'a wishes ; bat his objesa in waft at re win was to clear his dare log from the impention if Meng _warreptitiouslv obtained doe seellige. The first whisk the plaintiff's counsel hod esontadeider was sheave peperty ; but it the only allegation segardien ale vales of the property was, appeared that if the plaintiff hodi Maud( wished to publish such • cata loi gue and Pee tits posse& to • charity, it was possible that amb poll might lave been obtained, mot that the defendant eivernjastillsel is infringing the plaintire rights; bet the chief pound of the Vice-Chaneellses judgment was the Wades of privacy. That was no pound for ergo mint. Suppose a person, living opposite to • gentleman who bad • Mae onacetkin of pistons sad books, should, by means of an opeennlass or telescope, from his own window, be able to asentsda the subjects of the pistons and the names of the books, what was there to prevent his publishing a desaiption of three ? Or, suppose a person. on going into a ahoy, should hear another ay-tooter giving orders for differ ent articles to be made for him, what was there to prevent tee person in whose hearing the orders were given from making use of the knowledge he had thus acquired, and pub liaising it ? Again, it was well known that a gentleman who had been formerly very much distinguished for his love of privacy—Mr. Beekfo-d—hasi built up a tower of • peculiar construction. What was thereto have prevented any man from erecting another building on adjoining bad, and_ placing a otio sity in it so as to overlook all that wad in Mr. Beckford's tower. If an injunction were granted in a case like the pre sent it would open the door for all sorts of persons to cow before the court upon • supposed notion that their privacy was invaded, and the court would have to inquire into the degree of injury that had been inflicted upon their feelings. The law would not give an action for what was purely inju- Tina to the (Whey of any man, unless it could be oho en that some serious damage had been cowed to him. Among the cases cited, besides those before 'stationed, were "Yount e. Wynyard " (2 Jacob and Webster, 394), and " Tipping v. Clark " (not reported), cited and stated by Mr. Bolt. " Murray v. Illiston," and " Miller v. Ta3lor " (4 Burrows) cited - by Mr. Smith ; and " Spottiewoode e. Clark " (2 Phillips), and " Dietrichsen tr. Cabburn," in the was volume, both decisions of the Lord Chancellor, cited sad read by Mr. Warren. To a question put by the Lord Chasoellor at the sloes of the argumeats for the position, it was stated by the counsel as both sides that the suit of her Majesty, by information of " The Atterney-Oeneral o. Strange, " was in the same posi tion with the urine'. suit. Both snits were against the maw defendants, and the Waned= was granted in each in the same tams. Tito present motion was to dissolve par. Bally (as before stand) the injunction in the Prince's suit, and oat the decides of would d pond the injunction in the suit on behalf et her Majesty. The saw difficulty ap plied to both el the confusion of property, if property was the pound of the iajunePow as the Prince's propertyin the etchings must be distingu ished from her Majesty's, as he could not have any interest in her, nor any adjourn mety in com mon with her.—The farther hearing was The bollsitee-General, Mr. &d amt '..... ' and Mr. W. M. James, are yet to be heard on behalf of Prises Albert, in support ci the injunction. Beene tie Master if the Rolla Sanonanne O. COCKIRMOUTM AND WORKINGTON RAIL WAY Costranv.—Mantato OF CONTRKLENT ROADS IT RAILWAY COMPANY. Kamm Tuner sad Melina were heard for the defendants I in this um. The company agreed, is March, 1548, to take ' • portion of a done of the pin:stiff 'a, caged Borland, through which the railway ream; and it was inserted in his agree- I meat that the company were to make all such nods, Way*, and slips for emus as might be neasenry. It appeared that I the river Dement bounded the close on the north, and the railway cut off the river which had been mud for watering tattle and a portion of the dose from the homestead of the I farm. The graand was of an undulating and difficult cha. meter, and Ow emaliany made a level awing aver the rail way, on the wend& of the close, and creep for cattle near It. The gradients to the level crossing were 1 in 14, and those of the descent into the mem moth more. And to get at the erasing end creep it was neatmary to pees over • piece of the land bought by the com pan y. The plaintiff insisted that the level weer was, frees the nature of the ground, peculiarly deergemws. and that the weep for cattle was extremely lametvenient, the descent into it being ton steep, and it also Wag liable to be flooded, and be insisted that the defendants ought to make • bridge serous the railway at the miens wd of his close ka • plan when it was allea•G there had hest a highway, se at all events over another put of the lcM whim!" be painted eat es more convenient for a Ter the tlehmlents it was contended that the cons °"l tti no W oad= to interfere at all, u the 'Ands Classes Osees lfislieaAd* had provided a special tribes's' before Imam sii the passe in peaty melons to determine Tendons d senvenlest samsenshimiene; that tht words of igesemesa as Is asklrg eseigk i ct i; were mere s ▪ and merely provided fer these which the company wine Wind to do ander the set. It was also urged on the matte that the level wowing was a convenient um aushation, the gradients to it bang one in 14, whams if a bridge were made as required by the the freeing§ would be mach steeper, and ti is roli be necessary to erect • mound on the plaintiff's had, and that the creep was sufficient conveniently. The com pany bad offered to give the plaintiff 1001. to dispense with the bridge, bat he required 2501. The company had also offered to refer the matter to arbitration, but this the plain tiff declined, and he instituted this suit to compel a specific performance of the contract. There was a great deal of evidence on both sides of a conflicting character.—Mr. &Nigel), in his reply for the plaintiff, contended that the de fendants bad, by their answer, submitted to the jurisdiction of the court, and ha combated the arguments of the defen dants on the ether points. The Muter of the Rolla, in giving judgment, slid he was of opinion that there was such an agreement between th parties u the court had jurisdiction to perform. The difficulty was as to how it was to be performed. There were great difficulties arising from the nature of the ground. It appeared from the evidence that if • bridge were made as r, glared by the plaintiff, the descent would be much more rapid than it was to the level crowing made by the defend ants, and a mound must be erected on the plaintiff's land. No doubt a level crossing was always more or ins dangerous. But he thought that if there were such a communication made se to enable the plaintiff to communicate wit' the two portions of his land through land which he had a right to enjoy, he should not be justified in saying that there must be a direct communication by a bridge. He thought a suf ficient communication had not yet been made. The way to the level erosdng was through land not belonging to the plaintiff. Another difficulty was as to the descent to the cattle creep. It was mach steeper than that to the level crossing, and the evidence showed that it was extremely in convenient and dangerous. If the defendants would agree to make • gradual descent to the cattle creep with the same gradients as that to the level crossing, and give the plaintiff • right of road through the piece of ground belonging to them, he should not be inclined to make any further order. Some persons might be appointed by count to see these things properly done. Mr. Turner said the company bad no objection to these terms, and the ease stood over for the parties to confer about the matter. ITCIDI.Y. improper and nab person, and how could its duties be per formed ? Lord DOOSOUL—Then yea admit the right of Sir Healy Campbell to wokt to ink office ? Sir F. gir .—No, I de not, my lee& The lied sever bees kr the peutheautary to appoint hie d e puty " ; sad even if lee had each a right, the judge eaglet to ban some eestrol over the appoiatneent, be order that height determine upon the knees of the _rut, selested be the pautusuagg. The warts sitting in Westminster Hall had power to revoke the appointment of *ay =fit person who might be selected to 1L say office in them. In 1786 ft Mr. John Dorrington bad been made ant ressembrancer of the Court of Ilmehequer, bat being an ineffisient perm to disabuse the duties seasested therewith, the sport informed him he must find a proper deputy. There was alto a ere of a Mr. Thomas Vintner, wise sought to obtain the office of chief protheortary in the Court of Common Pins, but the judges refused to maim this appoimenent, on account Of hs inefficiency. This power of the judges even applied to MHO where parties bad been appointed to offices by the crown. It was, therefote, evident that the judges of the superior courts could inquire into the fitness of a moon to fill an atipoiatment in an inferior one. In the present in stance ifwas clear 11r. Hewlitt was a party perfectly gull fled to fill the office, as he had for 16 years performed its duties for his father. With regard to Mr. Bellamy, when he appeared before Mr. Brent, be said he was not prepared to enter upon the aloe; he said, at the same time, he was not aware another party had been appointed, and he did not wish to contest the matter. Mr. Justice Coleridge —Your affidavits suggest two con trary things: the first, that Mr. Brent himself had the power to appoint, mad then that the ground on which he re fused to admit Mr. Bellamy was his unfitness, and not that the power to appoint did not lie in Sir Henry Campbell. Sir F. Thesiger.—What we say is, that Sir Henry Camp bell cannot judge as to the Stores of a party Lord Denman. If your affidavits do no: deny the power of a prothonotary to appoint a deputy, the court Waif assume it unless you can show to the contrary. Sir F. Thesiger said his affidavits did not deny in direct terms the right of the prothonotary to sprint his deputy, but he coot acted that the Jody, of the court had the right of determining who should be chosen to fill the office in qua tion. The power new asserted by Sir H. Campbell had never been exercised by a prothonotary ; sad the charter did net give him mermen that power. Upon these grounds be submittal that the rale ought to be discharged. Mr. Knowles, who was with Sir F. Thesiger, contended that the court could not interfere in the present ease, because the offs was already filled by Mr. Hewlitt ; and a mandamus could not be granted unless there was some circumstance connected with the election which rendered it void. Mr. Hewlitt ought to have been made a party to the present rule, as he was the individual affected by it; and until that was done, he submitted that the rule for the mandamus could net be made abeelate. This ofEce was not • freehold one, and Iblealeas sot • matter foe a mandamus ; for Sir Henry Campbell istettedal that he had the power to appoint a per. mu to fill it, and remove him at his pleasure. This latter het was clearly shown by his having delivered a deed to Mr. Hewlitt, conoillieg his appointment. The office was similar be its tenure to that of a town or vestry clerk, from which a party might be removed at pleasure. For thus reasons he submitted that the rule should be discharged. Mr. Conic, on the same side, urged that Sir H. Campbell had not stated In his affidavi- that he war • lient.-general in the army ; and that although he had held this appoint = nt for 37 years, he had never attempted to perform any of the duties it involved. Could the court say that a lieut.- general, who had been honoured by his sovereign with the command of a regiment, was a fit r non to exercise a con •rol in appointing an important officer in a court of justice? He considered it an abuse that • military man should hold the office of prothonotary at all. The Attorney Ostend, in support of the rule, said, that no doubt the abases which had been alluded to as e xisti ng in the Pekoe Court would be fit subjects for inquiring into else where, bat the question now before the wart was whether Sir H. Campbell bad the right to appoint a deputy or not. The office of prothonotary was a freehold office, bat that ol deputy was not. Mr. Knowles had stated that Mr. Hew litt ought to have been made • party to this rale, but it was laid down in the ease of the .• King V. Ward," 2, Strange, that • deputy to an office could not apply for • ass, damns. Lord Denman here interrupted the Attorney General, and said, We do not see how it is possilde in this nee to withhold the writ. The role, therefore, for the mandamus, must be made absolute.—Bala absolute. BAIL COURT.-BATuaDaT. &three fa ihneo.—Before Mr. Justice Erie. Tea Quaate e. Ditoust.—Toulten CHOLline. Cans. Mr. Ballantine informed the court that, in a motion he bad made on Wednesday hat, the depositions taken before the coroner had net yet keen returned; he therefore begged his lordship would allow him to defer moving the case until later in the day. It was the coroner's duty to have returned the depositions before this time ; perhaps his lordship would permit him to move on a copy of the notes—Mr. Justice Brie inquired if there had b en a warrant !med.—Mr. Bal. lands* said there bad, and Mr. Droned, then being present, was liable to be taken. The coroner had received notice on Thursday, and this was Saturday morning, and there was no good reason why the depositions should not be returned before that time.—Mr. Judos Erle gave the learned counsel permission to move at a later period of the day. manwiemee with this permirion, Mr. Ballantine, pre view he *arising of the court, stated that an order of the weft had been drawn up for a certiorari to be served upon 114, Wakley,the coroner for the county of Middlesex.—His =said practkally the depositions had not yet been —Mr. Hammitt' allowed they had not, and, in answer to a remark made by the learned judge, said Uwee were many Twang why the case should not be heard on Monday at chamber,. The order which had been served on Mr. Wakley had been to return the depositions peremptorily to the court on Saturday morning, and he then bad in his hand an affidavit made by Mr. Drouet's attorney of the ser vice of that order upon the clerk of Mr. Wakley, and he believed that that gentleman was on the premises at the time ; that he directed the attention of the clerk to the day mentioned in the order and that the clerk said it was all right, and the depositions should be in court at the required time ; but he (Mr. Bal- Latino) on entering the court that morning found that no return had been made of the depositi.As. Upon this, a mes senger hid been despatched, who since swore that he called on Mr. Wakley at half-past 11 o'clock that morning, and told him that the judge then presiding in the Bail Court was there waiting for the depositions taken by hint at the inquest held on the body of Sarah Jahnson. To this Mr. Wakley replied that as Mr. Drouet wee not in custody, he (Mr. Wakley) should for the present decline to return the depositions to the court, and that he was then taking legal advice upon the subject. Any coo would have imagined that c n a question of the kind, connected with the discharge of his own duty, he himself would have been a competeat legal authority on the subject ; or if he th:,ught it requisite to have further legal assistance, he would in the meantime have instructed some learned gentleman to appear en his be half in court. He (Mr. Ballantine) would not say more on that subject, but would call the attention of the court to the course he had advised his client to follow in order to avoid, if possible, his being taken into custody on • charge for which he, the learned counsel, had no hesitation in evolving he felt convinced he should prove to the satis faction of his lordship there was not a shadow of foundation upon the depositions. Mr. Justice Erie, having consulted with the Master of the court, said he was unwilling to entertain the idea that any public officer would wilfully disobey a writ legally issued from that court. If, however, there was any proof of such a fact, it would then become the imperative duty of the court to enforce its own powers. He was not willing to believe that any nehnefusal had been made, but would rather con sider that there must have been some misunderstanding ; under such circumstances, he thought it would believer that the matter should be allowed to stand over until Monday, and he took it for granted on that day he should have the depositions required before him. In the meantime, he would consider that they were not fully pre; ared, or that there was some reason for the delay in producing them. The de fendant's bail might be in attendance ea Monday, so that the whole matter might be coneluded at once. COURT OP QURRNII @Mimi la Brass. THE Quw v. Bang.—To PALA= CooaT.—M•x- In this time the Attorney.deneral had obtained a rale calling on Brent Brent, Esq., the fudge of the Palace Court, to show cause why a writ of mandamus should not lame, di reetiog him to admit a Mr. Charles Hallam to the aka of depty prothonotary of that court, fa with the ap pointment whisk he meshed from Sir H. F. Campbell, the proth on otary. Sir F. Thesiger now showed nose against the rule, and said that in the year 1792 the present prothonotary, Sir H. F. Campbell, had been appointed to his ogles, and had always performed the duties by deputy. About two years previously to that, a Mr. Cnitaky had bees chosen deputy. prothonotary by the steward or judge of the court. The duties of the office were most import ant, and he (Sir F. Thaler) had the affidavits of the attorneys prootieing is the ?thee Court, stating that it was nzeiteary that the deputy prothonotary should be well acquainted with the rules end peoseediarte of the wart. 81r H. F. Campbell, in his affidavit, upon which he had applkd for the present rale, did not smart any right to appoint a ' deputy prothonotary. but aleissed the power of revoking the appointment of Mr. Jahn Hewlitt, the present de uty. Mr. Cratchley, who had been appointed deputy in 1790, continued to perform the duties of that elm dews to 1812, but, ea the 17th of February, he woe remoread Seca the aloe by the jades of the court for misommheit Upon Mr. Crutehley's removal, Mr. John Howl*, the rather of the present deputy prothonotary, was appeleted be his stead, and held the office down to the bined his death, is 1848 ; but his son had whim= the duties of deputy prothonotary for his Mbar hst upwards of the last aleteen years. Thie obinandanos had induced Mr. Brent, the judge et the siert, to WM: the present Mr. Howl= as bis Mewls rum= Wow he me eidsn d that that pietism= ash be s lit mad sompeasat pram to &whams the ado of the ease. When Mr. Crutchley was 'summed by the Jody, of the Palms Court, Sir H. F. Campbell did not is my we isheirre as to who should fill the measay ; sad be was t now, for the arse a dam te i apples his dimity. He (Sir ate, l os u rUbf hi* would sew cal the ellsellis of the court to what pmmei when hr. Bellew premseel Wendt before thole* el So emit Se be heel= hes hh am Upon that =miss hr. Brost mid be led = doubt that Mr. Bel =was • pletteeeseor Wei mhmamlm but that, ea ma-' ishk - he hued thee he wee set• *poem Is AU the Mho el derOmehiliwiehry, bolog voesqueleted with the poadles of the Ned. Led Diumow-11s the Judge dams the right et deed• lag upon the those od the party to be eppeleted ologaty peelhooddy 101.2bedger.— Jut way kr& Ow oasis wok is whoa patties did the** mead with repot to Me odes sew sedge the d Id duet ? liihrd he had NNW N, Ma aim It the Mar were esivest, is tie umber deli ast pp boestner. be WI dely to AO wee ? wee his elles omsstudy tokistsoW ? the so right to led& m the easpetiso et ea who • maithis id the ispeis ey tumat so, this Sir H. was F. Veseplidi of mobil his foams, er lay sem squally COIIRT OF COMMON PLILLS.-BAroiDAT. Sittings fa EWA. HOAR/ O. DICESON.--BTAXIXO PROCEEDING ox • SECOXI ACTION Brrwsis_ WM Pismo. . . . . . This wa.ieieetioi joymisaosW,;hTinit in formai ?superb spinet the defendant, seeretary of the Royal Naval Benevolent Acidity, for *twig slanderous words ooneuning her. It appeared that • action for slender between the same parties came on far trial at Kingston arises, when the plaintiff's counsel, finding the court end jury against him, elected to be eons lied. The defendant's coats on that occasion, amounting to 4061. 10s. ' had n been paid by the plaintiff, but had been paid to the defendant by the society. It was ailapd by the plaintiff that the present action was for other and different slander than that for which the former action was t.rought, but it appeared that the slander now complained of ter n /lam merlons to the former acien. A rule was ob on a former day calling upon the plaintiff to show cause why the present action should not be stayed until the costs of Mat former one were paid. Mr. Carter arm showed canoe against the rule. and contecded that the oasts of that action having been paid by the Rlyal Naval Benevolent Society, the defendant bad no eLitei in respect of them ups the plaint ff. Moreover, that inasmuch as the causes of ao• lion were not identical the court would not interfere ; f.r in this declaration there were five new counts for slander not included in the former declaration. There bad yet been no trial on the merits, and the present was not a vexations proceeding, but sprang from a bona fide desire of the plaintiff to vindicate bee character. Without calling upon Mr. Serjesat ekes, who appeared in supprt of the risk the court were of opinion that** rule ought to be made ehmlate. The payment of the defendant's ma by the Royal Naval Besevot Society did not in the Sot exonerate the plaintiff ; she was still liable to be takes , is execution ha ties With respect to the alapties of the semi of eel art boinl e tZ hs tallo. *0 urn= en raised into themeless, they ware the sans, having relbesase to the same averode% egg that sa gins& wisdoms why_ the abiders new rniald of were set Waist the ham series. Although there had bees as vodka of the *Oa the foram ease, yet it was ob. vicz a t=tire among bed withdraws it huehuetheir ao _oak beams ell abeam of ems= was hopeless It was set la be Mae that the ashadast alambl be agate harrowed Wes there was *bad lie substeatial mew cause of Naos, the seafrary of rebid' sneered to be aids out. — Bale absolute easediagly. Row o. DICILINSON. Is this cass, whisk was ea Wiwi of the one satire as the above, sad by the same *bait agidnel the defendant, a memberi of the equities et the Royal mg Naval Reuevolaut Society, • rule for a Sailer rupees was also made absolute up= presissly singer pomade. THE EXPRESS, MONDAY EVENING, JANUARY 29, 1849. COURT OP ERCREQUER.—Bar In Banco. lIARYNY v. DARINII=9).—CNAPLAINII IN ORDINARY TO Tits Qtrilit . ArtaINTITLIID TO PRIVILIOR TROY ARUM'S. Mr. Beldeley showed cause spinet • rule obtained by Mr. Lush during the early pert of this term, calling ea the plain tiff to show cause why the defendant should not bed's:huge& from the custody of the s'eriff of Devonahlre,, upon the ground that he was privileged from arrest, as a priest in or dinary of the Chapel Royal. After Mr. Wane was arrested, at the plait tiff's snit, applieations at chambers were made for his discharge, but Mr. Baron Rolfe, who was one of the learned judges before whom they were made, dismissed the eneurtons with cote,_ upon the pound that the affidavits were insufficient. This rule was granted upon amended tiffidavits, which stated that the defendant was. in the reign kith, late King Willem IV., in the year 1833, appointee and sworn in as one of the priests in ordinary of the Chapel Royal, at a stipulated annual salary ; that he had been so sworn in obedience to the Bishop of London's warrant ; that be had afterwards officiated as dean at the Queen's marriage, that be was liable to be called on, and wee bound to attend in his official capacity at certain stated periods ; t bat his name appeared In the books of the Lord Steward of the Royal Household as such priest in ordinary, and that he continued to receive his salary up to the present time. Italie .ppetr.d that the Bishop of London in reply to an applica tion wade to his lordship to ascertain whether the reverend defendant had been re-appointed on the accession of her pre sent Majesty, wrote a letter stating that it was not usual to re.appuint a priest in ordinary of the Chapel Royal on the ' demise of the crown, as the original appointment was deemed sufficient until formally revoked or cancelled. It was now submitted that the rule ought to be discharged on the grounds that the affidavits upon which it was moved were inconsistent with those used at chambers, and that they did not disclose sufficient evidence' o' the defendant's appointment as priest in ordinary of the Chapel R.yal, or that it was such an office as enti led him to privilege from arrest for debt. It was further argued that the appointment should have beer. renewed on the accession ce Queen Victoria ; that the de fendant was bound to make out his case to the satisfaction of the court, and as there was no evidence cf the fact of his re appointment, it must be assumed he had not been re-ap pewee!. The defendant swore that he had eillciated as d. ten at the Queen's marriage, but that might have b,en as deputy, or temporary representative of the bishop. t tier, was nothing to prove that he held the office in question from her present Majesty, except the bishop's letter, from which it should be inferred that he had not been re-appointed. This case was, therefore, distiagnishsble from" Dr. Dibdin's" (Ist Cr., Wes. & Rot, p. 82), in which it was sworn that the defendant was actually a chaplain in ordinary to the Qll.lllll. Here the only statement positively made was, that Mr. Diking had been appointed during the late king's reigu. There was nothing whatever to show that such appoint ments need not be renewed during each successive monarch's reign, or that the holds et of them were, in the absence of such reappointments, entitled to such privileges as that untended for by this defendaat.— The court, without calling upon Mr. Lush to support his rule, were of opinion that the defendant's appointment as one of her Mejesty's servants had been established, and that he was therefore entitled to the privilege for which he en tended. His exemption from arrest, so long as he continued a servant to the crown, was not for his benefit, but lest the monarch should at any time be deprive' of his services. The present case was much stronger than that of Dr. Dibdin. Here there was a positive undeniable statement of the els fenlant's appointment in 1833, while in Dr. Dibdin's there was simply sufficient reasonable evidence of his appointment or re appointment to the office he held. The defendant was therefore entitled to be dieeharged, lioth in justice to himself and in conformity with the settled decisions on the subject.— The rule for the defendant's discharge was made absolute. POLICE.—SATUaDAY. GUILDHALL.—AreIMPTID PaUEDER.—./. Glynn was charged with an attempt on the life of T. Bresnachan, alias Browner. The prosecutor, who together with the prisoner is well known to the police, appeared in court with his throat and side of his head bandaged. The attack was made in the White Horse pal:rho-house, Fan street, Barbican, where on Wednesday morning Sergeant Eiger found a cou ld, tumble disturbance. He complained to the landlady, and at the same time assisted in ejecting the prisoner, who, how , ever, returned. The officer succeeded in again turning him out, as also Bresnachan. They had been having words, and, on reaching the street, they commenced fighting. The prisoner was er .tined to take something from his pocket, and to close in with his antagonist. A scuffle ensued, when the wounded man cried out "Ho has knifed me." The officer saw blood pouring from his throat, and then perceived the wounds inflicted.—Alderman Gibbs committed the prisoner for trial, and said, in order that the ends of justice might not be defeated, the prosecutor would be removed to the in firmary of the Giltsour-street Compter, when every atten tion would be pail him. BOWBTRBBT. ROOMING AND ROBBERY. J. Browne was charged with hoeuraing a 'errant and robbing hint of his watch.—Aconstable stated that a servant In livery arrived at the railway station on Thunday . moming from the country, and, on his calling a cab, the prisoner made him self very o®ci•ms, and found means to get into the vehicle with him. Nothing further was known of what took place until the cab was seen passing through Tothill-street, Viem minster, when the prisoner opened the door and went away, leaving the young man fast asleep and stupidly drunk inside. The catiman,wko most have known si metking of the matter, drove to the next public-house, and it was discovered that the man had lscen robbed.—Tbe prism., admitted that be got very drunk with the servant, but he recollected nothing either of the watch or being with him in the tab.—Re was remanded. _ . . . DARING ROBBERT.—G. Thompson was charged with being concerned with another not in custody, in stealing a cheat of tea, value 131., from the shop door of Mr. Constable. of Broad-street, St. Giles. The prisoner and another man stopped in a cart at the prosecutor's door, and the prisoner got down and coolly laid hold of the chest, which was full of tea, and placed it in the cart; they then drove away at a furious rate, and an alarm being given by the shopman, they were soon overtaken. The ether man succeeded in escaping. —lnspector Ford said there being reeson to suspect that other robberies were committed in a 'Menlo manner, wished time to be afforded to make further inquiries.—The prisoner was remanded. WORSHIP-STREET.—ABBAIILT UPON A B/LOKIR.— H. For, a printer, was re-examined, emerged with assault ing end wounding L. Roadall, a broker's assistant, who bail been placed in possession under a warrant of distraint for rent. The prisoner tint threw the complainant down stairs, and then made a moat furious attack upon him with poker, tongs, and shovel, and, being successively deprived of them, seized a kali*, with which he made several threats at the complainant, cutting him slightly on the face, head, and hands. The prisoner and hie wife then threw the broker out of the house, bleeding from the hurts he had sustained.— Mr. Hausman ordered the prisoner to be committed fur trial, but after the depositions t ad been taken for that purpose, acceded to the complainant's earnest request to dispose of the ease summarily, and sentenced the prisoner to pay 51. fine, or to be imprisoned two months. SOUTHWARE.—CMAZOZ OF CONSPIRING TO DIFRACD RAILWAY AND STRAY BOAT COMPANIES.—W. DWICan, M. Duncan, his wife, and I'. O'Brsen were ft-examined, charged with compiling to defraud the North Western Rail way Company, the Eastern Counties Railway Company, and the Cricket Steam Boat Company.—The depositions, which appeared in the Express of the 17th bet., having been read over in the presence of O'Brien, who has been only re. cently taken into custody, Darks said that he was in a condi tion to show that O'Brien was the person who prevailed upon him to copy a letter referred to by the North Western Railway Company, respecting the attempt to defraud the company of 12W. Mr. Clarkson interposed, and add that Marks's conduct in the transaction, to say the least of it, wee highly improrer. lie was, however, admitted as a witness. Mr. Cottingbam laid he intended to commit the prisoners for trial, and told them they were now at liberty to make any state ment they thought proper in reference the charges alleged against them,—Duncan said thut he should reserve what he had to say until his trial —A Mr. Parini said that at the period the accident occurred to the Cricket steam-boat on the river, the prisoner O'Brien and a brother of his (sines dead) claWed compensation far injuries the latter was alleged to have received on board. That Duncan was pre sent with them when the application was made, and that they received 601. or 701. from the company, tinder the im pennon that the statement made was correct, which was now very much doubted.—Mr. Coast, of the Eastern Coun ties Railway, deposed that O'Brien had in 1848 claimed a lose for luggage against the emptily, and obtained a verdict for 75L, and that Daman was kin witness—Mr. Cottingham committed the prisonen for trial on the charge of conspiring to defraud the North-Western Railway Company, and said that other parties would have an opportunity of including their charges agabat them in the indictment. LAMBETH.—B.onneng WITH Von.r.rics.—Mary Ann Flood was finally examined charged with robbery.—E. Bates, the prosecutor, who is still suffering from the effects of the injury lie received at the time of the robbery, and the marks on wheels awanteseatee saillinently showed the violence with which they bedlam billeted, said that on the morning of the 18th inst. be met the prisoner on the Hungsrford bridge, and after walking with him some distance she gave him a violent blow, which caused him to reel from one side of the bridge to the other, and he fell with his face spinet the brickwork, sad seriously injured himself. The prisoner tried to secepe, bat was secured before she got off the bridge. A man whir mime from some place of concealment was eft to *east the pneesatee up alter he had fallen, but he succeeded in effecting his escape at the other aide of the bridge. The prosecutor was taken to the station-house, bleeding, and in a dreadful state, and after he had given the charge, the constable went bark and found the prosecutor's watch in a onl barge close to the bridge, and near the place where the cr os4cneor was knocked down.—The prisoner was committed THAMES.—Tan WATS/MINI, Laws. Mr. Hone, the beadle of the Waterman's and Lightermen's Com pany, summoned several free watermen and their ap utioes for viOlatiOUS of the laws regulating that body. —W. Dow was charged with suffering his brother sad spgreaties, E. Done, to carry paseengen in a boat before heliad served two years of his time. Mr. Yard ley fined the deimidaat 20e., and costs.—R. M org an, for vrorkft a boat without a license, was fined 10a., and comb — H. W. Wade, ter working a boat without a license, or num ber cat if, was fitted fa, and isosts.—C. Brown, apprentfce to /mph George Paplett, for working an unsafe skiff, is which be carried seven passengers, was ordered to pay Co, and costs.—J. Gristahaw, for working a skiff without his true mem sad amber being therm, mined 10e., and costs. FLOGGING AN Asanatigicn err Sze.—J. Grooves, the mate of the Jemmy Liad, was re-examined, charged with as aeldes a lad eased Williams, an walk* ea board that vessel. The facts of the ease sneered in the Express of Thursday. The captain said he was not aware of the boys befog dogged by the mate until be can it in the papers or Tharsaay, but it the boy had been treated as there described he must have heard of it before. The mate had tailed with hi. for fear years, end he any rehoon to find task with him, neither could he make say complaint against the boy.—ln answer to the magistrate, Williams said he was afraid to tell the captain lest the mate should pun;sh him again. The mats had often rope's-ended him on deck but never punished him so cruelly before.—Mr. Y a rdley said that there was no doubt the lad had been very severely punished, but he at the same time believed that there bad been no little exaggeration in the statement.—Mr. Smith, ler the boy, suggested that it would be desirable to have the attic's annulled, as he was afraid to go to sea with the state again, at d said he would rather be transported than do so. After some further con versation it was agreed that Mr. Smith should write to the hoy's father on the subject ; and the case was ordered to stand over for a fortnight so as to make the noway arms. stmts. MONEY MARKET. B.lalt/iDN2 EVENING. The funds presented quite as active and ascending an aspect as yesterday. Consols were repeatedly done at 91/ for this account, and at the same time were 91/ buyers for money. For the March account some speculative purchases were made at 92, but these it may be suspected were made as feelers by parties interested in the rise, to try the firmness of the market, and the extent to which it might be safe to adventure further operations for carrying prices higher still for money and the present account The more prudent dealers were evidently under the impression, however, that the upward movement had been rather too hasty and considerable to be reckoned upon as an affair quite settled down, or not to be returned upon, seeing that, in fact, beyond the ,payment of dividends, and their accumulation in the Bauk, no immaterial feature in the cue it must be contained, bat still of no greater novelty than in the week preceding when the same r tact was quite as notorious, no event of any special interest had transpired, or had bcen developed, which should directly have borne upon, eo as to have enhanced so greatly, the value of public securities. The publication of the third edition of the Daily Newt, at noon, showing by the latest arrival from France, a very anew state of public .eeling in Paris, came to sober down the calculations of the more sanguine specula tors, as well as to strengthen the apprehensions of those who were before inclined to consider the market as running too feat ahead. Consols thereupon descended to, and were done at 911, but recovered at the close of business to 914 to', at which they left off firm for both money and account. Reduced Threes, 91 to Three-and-a-Quarter per Cents., 921 to I. Match Exchequer Bills, 421. to 465. p rom. It may be remarked that these bills, bearing interest at the rate of lid. per day, and which doubtless at maturity are to be paid riff, or replsced by other bills at the re- a deiced rate of 2d., do not carry so high a rate of pre mium now as the June bills, which, at 2d. per day, are now quoted 47e. to 50s. premium. Bent Stock was called 193 to 7. The further remittances of money from Mexico, advised of yesterday, for the payment of a dividend on the debt, or part of a dividend, whilst neither di vidend nor the fraction of it would seem to be brth coming, did not improve the position of Mexican bonds to-day. They were done at 261, but with a feeble market, and left off 261 to 1. Every arrival from Mexico appears only to complicate still more the position of Mexican loan affairs. Peruvian were called 48 to 50. Venezuela, 191 to 201. Brazilian, 78 to 80. Chilian, 90 to 2. Spanish Fives, 151 to ; the Threes, 281 to t ; Passives, 31 to 1 ; Portuguese, 27 to 8 ; Dutch Two-and-a-Half per Cents., 491 to 50 ; the Fours, 78 to 9; Russian, 104 to 6; French Fives obtained 751, at exchange of 25f. 40 cents.; Danish, 69 to 8. The stock market came improved and active from Amsterdam. The home tondo were in good demand, and obtained higher rates, and so also Russian and Austrian. It is stated that the Maatachappy Company, whose charter was approaching its expiration, has been again chartered as a kirt-stock trading associa tion, to continue from the Ist of January next. The following calculations show the rate per cent. per annum yieldel by the various securities cites at the avenge of the prices which ruled to-day. Where' the asterisk is placed, it is to be understood that the rate of dividend is less the income-tax : Three per Cent. Cans*, average price. illi yield per cent.E3 5 5 Three per Cent. Rednoed Tbree-and.a.Quvrter per Cents. 92 " 10 2 Bank Stock (dividend 7 per cent.) Exchequer B il ls (int. lid. per day) el s. p. : 14 41 Lanceolate sad Yorkshire Hallway (dividend 6 per cent.) " 7 41 Great Western *W.. 7id ) 99 or I 41 tendon and South Western *(div. 6id ) 43 w 19 lii London and Brighton v(div.4 3-5 id.) 36 " 7 9 Eastern Counties v(div. 4 id.) London and North Western v(div. 7 id ) 136 w 2 11 Midland o(div. 6 id.) York and North Midland *(dW. 9 ht) 57 " 0 4 York, Newcastle, and Berwick o(uiv 6 id.) se IP 13 4 The Memorial Bordelais in a recent number has given a letter from a known correspondent, resident fifteen years in the gold regions of several parts of Spani•h America, in which he states certain facts, as the result of hie own experience, which cannot be at all encouraging to the purposing adventurers tor Cali fornia, for whose edification indeLd they would seem to be published, as no less thiur;twelva vessels were laid on at Bordeaux at the last accounts for that land of treasure. He states that among the gold miners, or washers, of Chow, the richest gold district of Ame rica, he had known very few of any wealth; and generally where property was acquired it was due mainly to the profit derived from hiring out the labour of their slaves. The mines of Darien, near Panama, another district where hp had resided, bad yielded very considerable quantities of gold, but it became necessary to abandon them on account of the insalubrity of the climate. " I affirm," says the writer," that of 100 persors who would desire to apply themselves to this sort of work, without being habituated to, or acclimatised in, the country, ninety would lose their life there, or health for the rest of their days; of the ten remaining, eight would scarcely gain sufficient for subsistence, whilst the two others might, perhaps, make their fortune, speaking of those who should work personally in the mines." Thou., on the contrary, who apply themselves to commerce and agriculture, might, with order, economy, and activity, preserve their health, make money, and acquire con sideration. The mine speellators are (he observes) as little considered as gamblers ; this arises from their vicious habits, and that all means are held by them to be good for obtaining money to adventure in mines." ESQLI4III FUND& 3 per Ors Red. Lana., f 211 O. to Acct. 9 1 9 9 i 1 i I (3. Cum Anne.. 911 6 Erdman: .al.teo. 19d.. Wawa per P. Amis., Mit it Sacked 2 6; 2d., June,49 1 60 Loft Anaultiss. up. Jan., 6, 180, Ditto, gsou. 2J.. .J 46 9 8 L 1.16 9 Ditto Oman, 26d. March, 43 9 Heath Osa New Anna., 891 FOREIGN FUNDS. 3 per CI. Danish Bonds. 1825, 679 7 6 per Ct. Grab Dds., Acct., Jan. 1 per Ct. Grenada Bonds. Deferred, a. 164 2.1 3 23 6 per Ct. Load& Padre Rds.. 36 f per Ct. Nakao, 1846, 261 f.f. 3Ser et. B Laohis Dd.- 28 f Ditto. Aceestat. Jan. 31. 26, f 21 per Cs. wenesuela Honds 6 per Ca Peruvian 019 6 par CL Preach Banos. fa We. 4 per Ct. Portuguese Bonds, AceL, us. 26f. 40c. 2a 4 per t.t. Dutch Calif.. 79 6/16TISDAN, Jas. 28.—Act. Debt ?wound-O.ll'U pa Chats., 4111 499: Ditto, Three per COWL, 684_64 ; Ditto. Foy saw Oenta, 2 69 771 ; Arnort. Bynd., Three and-eller per Cents., .61 ; Eget India been, Four per Cents.. - 5.1 76. Exchanges: On Landon sight. 13 ; two months. 11.95. tianthu ' re, debt, 34 . 93: two moathe,34.BL parisogiat. 66.93: two months. 39.43.—ne Dowse this day was exactly the merge of yesterday. There was.ganand deyakedon. All the roma w ere lower, and stock offered. The cause was not ascertained, hut It was in timated at the Bourse that the newts fads had fallen fala the day RAILWAY NEWS..... -SATURDAY. We had an active demand for shares in the morn ing, with prices still looking up; but towards the close of blames, as the funds declined, there was lees disposition to purchase at previous rates, and alto gether the market was not so strong. ISC ELLAN E 0 US NMI, S.—GREAT Wesrsax.—T he Great Wester& are understood to hare obtained all the loans they required at the rate of 3 per tent. ite.e2la AND CARLISLI —At a meeting of the direc. ton jest held at Newesetle, en intermediate dividend was dedarcd mink en the SIR ASHBURTON, i IiTON, AND SOUTH Dsvost.—There appears to be no likelihood of thin line being carried out for the prtsent, and then lea desire abroad foe its Mailed up. "NINON RAILWAT6.—The following are the last returns of the area resetpb: of the prise.pal lines . Nenremax,-.From Jan.l2t Jen. 21 gammigere,ll7,l3l2; goods, 164,0142 ; total, 301,2661. Bovam—Prom Jan.ll4 to Jam 20 : Poseengers, 49,1042 ; goods, 77,002 L ; total, 126,1061. HATIA—whIN Jan. 14 to Mak 20 : Paseengers, 15,7842 ; goods, SIAM; Mbil, 49,4101. Oilarrna—Frtft Jan. 8 to Jan. 14: Ihmengers, 64,3331.; goods, 163,812 E ; total, 167,9632 loanmem—Trom Jen. IS to Jan. 19: Peseimgers, Kan ; gook, 48,89112 ; total, MAME Irmaaosi.—Fram Ism 8 to yen. 14 : Pamengem, 22,5551.; geode, fS2L; tort, 49,540 L —Prom Jas &to Jan. 21: Pesswegara, 24,4711.; goods, 4,7112; total, 29,188 E Dune—from Jan. 14 to Jan. 20 : Farmer; 2,8321. ; goods, 8,5182; t 041,11,1481. BP/21g, TOTSDLII, AND MAIDEIVIL—RIC•ipti for the scant of Deeembrr, ISM (52,791 painengers), 65,926 thalere; being an imam of 9,6116 thaws compared with the eurresponding peri od of the preceding year. The entire receipts of %W pm 11113 weeded those of 1847 by 115,7 M MYNA fora—lie quoimiloi Log iii!! .AN, 'Asyut 27. ---... . Boman ebaraeles dew, 1iu 4 .1 4 Si/. Italics ellen' pew - !MIL • 61.0 Loudon &S. Westin t G r 44: D o. Coos. 40 j Do. Tenths- 14 lil 40 i Do. do. Tralho to I& 15 I Do. Third, I 8 ! J %if. rtat , 7 or. a 4 114. 1 1 1:4 4 11144w7nen..aers.r:8"4.thif f,l.L:ealiiiiis;Sialli?l,"..l""-..14---8 Is .io ~, ...: :. .hdr ....e .......‘ , -.. ~.;2 1, .-:.i . 100 likliand. 140 Dv. avli Pref . ::: 14 8•61 a 26' Do. 601 share us e 414 4 1 _ 1W 10.180.6dr Dere, ~ 5 1 14786isir 1141.100. c 5 7 100' Do.C.linststet 1,0 ix KAnIIB4.L&E&L&D 35 45 45 .114 d. Of. West it'd* Do. tat. N. & N.l-'2O I 50 :MiddtaklestopOss., i 1e.113t.104.7615e.Prf 24 400 Nesecastl e & Wrests Baden Ooeslll4 ••• 111 i i Nceth British ...... 481 44 4 . Do.NewOuar 4141,114 4 De. L 4 7.. . i . 5 .... Ti . . 41 1 a D0.)4145941.10.1*. e.d. , Do. More.. ..... 38 8 G pt. de.. .. . AO. 2 par 482 IDo ...., 1 Do.Norit4Ko Pa , Do Thin:, ..... ,a De.. de, 4 D. Lele l s3 66 Norfolk . .. ...... ... 411 4 Pi Do. o 1, 4 V.. : :;.: !. L it"i 6 I It: t.Z,.." . :iiiii r• , 2.• I .ffagent Ewan V&A 1 no.Osear. arr 0 A 1 ft' Do.. d 0... .67ast lv 15 13d. 120 le Do.Lowslft Gulpc. 1 !l ast DL a r argg P .. C . l ,!2o) 4.1. 16t/ ii ) L . T 4 4 . ::: . 1 .61,11t13. 60, 1 1 1 ;;!1 13 „ tett 1,...,1ii,, , ;44::4;&'4,12,4i ' i 't iNgolistSilew.:-1,,,,. 2 48 De m: 4 A 84.48 'ew• -.. - . 111 14 4. . 6 01. '1 2 21 Itoyston & DAMN.. t 6. I Gel Do.‘ a.C4Pretid 4 4 '26 . Scuttle& Central ....rz . 16 'East Lincolnshire ..24 27 1 8refish A Latand 155 Li 10 isEdastosrvlsst 04106 41 43 1850.1f0115..64N.M.48 rig. 10 I Do. 5 Mares .... 16 4d. 9 ititrees....lur etas .5'4 21 Exeter. Yonvil,D•re.r: %JAIL 6 1 Do. do Lit 8 1 tie Ent...rand Famonth 11 Do. do. No w. jeer • ...I 8 19 areas Northern ... „ 1104/i el 701 ;84.relentharsin IVIE s t g o . 184 z0 t .d0.5 Adeferred4 1413. I 9 po. Halves . ..... 41, 61 Do. dui DO per 01.14 i iaL 'MI Da. Osestri ••• •1 0 411. 24 Do. 160assion ~...8 11 : Do. New. ••., 16 0414,44thaWestilre. 1 31 43. 10 !soDuetisteenettri 416 tolt GLNortho I EntdandlBs Ml 6 fthro dre ULlkel .. 1 I LL KO Do. Acts 401.. ... ..! 15 Do. do.. ...... 1 63 sap. 2 Do. Prefrrence_.... , 10 Lax mia.661 . .......11 430. T. Bosh Stallardilvirt; r Vol. 14 Do N0c.151. ... .119 21p. Ile South Leman .„ . 484 4 ler Brent Welefe 110 140 124 ,D, d 0...... 8 1 6 . 1 . j t a ivi Do. Isharos 49 60 132 1 Po. d 0.......... ;u s 84,8 11 Do ,bana 32 14 '3) 1 Do. do. _....... • 222 2646. 14 Do. VON., .to Ro , Dr. du Sispd._„_.. 474 8 8 .8. 15 Do. New 176 1 144 110 , Do.do. Nano 8e.4,8 8 4 8 ,1. 81 Null and Selby llOl 103 in i 80uth Wale& • ~.......171 P 25 Do. 5 sham . 115 Do. s shares ,85 9,1 p. 6 , role al Noah ...... t 4., 10 'Lea& and Carlisle 664 ;44, Waterftl.& Limerick 10 Do. Thinls _„..: • , U 60 . 1160•Velley uylkeir, 10 Lancashire& Tyree 26 1 , Do. d 0............ 40 06 Do. do. 43 De. 4 shares 175 Do. ottani ... .4, 44. .12 IVio 610/u.k.S. West • 10 Do. Mlle ,• •• •711 6 0 23 York. bore., la Her. ,2 4 64' Do. Ilixternass l5 061. 25 • Do.orj,Norcas Her ti 3s 44 ala 13 Do. Thlr 4 74' Do.Nenquar.goCt 3124 01. 20 i DodoNo.:2 wattle st i 7 Do. W. It. Union 25 ' Do.Prestoss& IVyre 37 DI .14 York& Nth. Midland to • • 65 Do. ss2arar .„-A 5 Sr. 40 • Ito esei,,,, . ui ipz wLeeds and Bradford 1004_ '26 1 Do. L&W.ltidg.Ex 1,8 4 --- 6U Lents cold Think . .15 27 1 TOlOlOl. RAILW•Ts. 40 Do. do. Ness . . Sad. 6 Antilo- Doha. .•;• • 44 744. 34 Dodo. Pref.i3wra• ° Baulogmatadhint as 84 4 84 44 Lie. (.`rosby, _South T I Cen.offiniceoo9Th ii 13s ,Londun a Blacked! 4 in ,Doggs,no . ..... ... 2:1 Do. Extension.,. . 74 Dutch larniik. .... .65 ca. 111 Lon .bruhlue6.o). Pei i 4 , 4 Luxembourg i 0 Do.Ouartd.6p.f.h.4o4 1 e.d. 10 Dato t 744. ID 1e.Prarna5.64212.461 61 ad. 121.1 'Namur cunt Liew 55 4, ;•.) )o. Oar.. p. 0.166 2. CI 61 &d. 12 , Northam of rnoloe 41 4 ad. 6 Do.Neertau.. pia i :Orleans 4 ktordosua * i mi. 12. Condos &Greensick u 'Paris and L0w....1 60 Do. Prefernwer- • to Do. do. ," • 4 5 10u mouton& N.Woraert. 139 8 T * . Pan. audDrk.suss '26 e.t. a Do.Qyars. L. 4: D. 10p, .0 !Pert. and iiiNSIG ll7 11 4 7 De. New ......... 121 11 9 I Parla a Blnsaancry 45 jid. 2 Do. Fifths .4 4 2 6 Mullen and lien ... . 94 15 10o.401.shavre ,47J ll5 &tunny wal Nletos 34 1 . De.lof.sh ,frf at Ba 3 Sip. 14 Itdrugoessrp W Ate 1, D 0.101416,14 & B 6,3 34p. 0 'Thor, LIM{ .v.ia!er.. 8 714. 1 De.1013.1...11 is Br ,34 4a. all West breeders.-- et sd. itirded• l . iiii . • Mdbeedil.l i t u l blr.,WoLa Dad. dr. pd. -d• or wt. agar De Dim.Wfd 4 l.old llym. II Oz halt • / 44.4o.switheettimar., Bustem p tlemis Satin. 1 Bristei and Exeter lady 3i li lo skarn - I , oo.gle erehrsocci 50 Obater Ilabbasol• po.yrefemos .." 5606 11 14 146} sly %DA, L ! 2 21 e.L tr u. 11 . 111 I 5 COMMERCIAL AND MARITIME. COTTON.—Livsarook lAN. 27.—The market to. mu stiff and anima:ed. 12,t/00 bales were tel ~ a nd o. tuerie6,l were taken on speculation. MANCHEIIInit. JAN. 27.—The yarn and cloth m a rk e t is still im.roving. The calculations of both manufacturer s an d met. chantswere a, disturbed by the continued rise in the raw mated* that they were foe a time unwilling to enter into new engenements; but the feeling is now to a great extent overcome, and contracts NAM advance are more freely seceded to. There is • goad deal of business doing at an advance in goods more commensurate with the admits upon codas. Buyers are operating much more Irrely for India, sad there is more di-position also to operate for the LiNioit. The bons trade appears to suffer most from the turn things have taken, bet with the improved means of purchasing which the working clarion will flud at their ~.ispossi after a winter of ununwlly brink eat. ployment, there will to doubt be a good spring trade to relieve this bronch of our manufactures. There has been a failure to the mint of 10,00u1., Meagre. Pram and Potter, sptaiers, having stopped with liabilities to that extent, but the detismsey is only to the extent CI about 3,0001. WOOLLEN CLOTLIS.—LEEDd, JAN. 27.—There arm s gond attendance of merchants at market this morning, and they per chreed !Feely In both the coloured and the white coal-Hulls. The tranaictiona of the day were extensive, end prima rather buoyant, but without lig alteration of inapartance. HARD WARE.-BIRMINGUAII, JAN. 27.-Trade hem continues Wadi', to improve. The Europa has bruaghtno or another and rather comiderable quantity of orders Nom America, and Nada with Germany is rather looking up; The tromafouudcra,sword-cuttert, edge-tool makers, and gun-makers are all biri, ; and in Tome of As fancy trades ordera at: briefer then they were a month gam, the do. mond being chiefly fur the home market. MEAT, &0,-Nzworra AND LoNADIINHALL, Its. 27.- There was a heavy demand for each kind of me it oa the following term.: Beef, 24.4 d. to Ss. 6d.; mutton, 2e. 4d. to 4s. 4ii., TVA 6 , 11 e 4s. 6d.; pork, 3.. to 4a. 6d. per Sibs. by the carease.-Turkcys, ss. to 1344 wee, 4s. to Ss. id.; docks, la. 6d. to 2s. 3d. ; tame rabbits, la to 9d.; wild ditto, St to la. Id. ; pigeon., 2d. to led ; reaming pigs, ha. tots. each; Surrey fowls, 6a. 6d. to 10s.; ditto Milldam', Is. to barn. door fowls, Se. to 64.6 d. per couple. Loglisli egg.. Sr. lo !kid. ; tread ditto., Se. to Ss. 9d. ; Irish ditto, 7s. lid. to Sr, 3d. per ISO. I. real batter, Sd. to la. Id. per IN-Pheasants, 2a. 3d. to 3a. 9.1. ; partridges, Is. to Is. 311.0 hares, 2s. 3d. to St Sd.; woodcocks, to T.. 6d.; grouse, 1. 6d. to 2a. 6d. ; ptarmigan, le. 1.1. to 2e ; snipes, bd. toted.; teal,, tki. to ; wild ducks, lA 6d , to la. 10d.; widgeons, la. to lc. bd. ; dad plover., 6d. to tOd.eaah. From the DUBLIN GAZETTE.—Friday, Jan. 26. INSOLVENT PEI ITIONERS. fi. Nortbuinbertand.it, I W. J. MJnba, Prinabtord, kwassy. Dublin, attorney. &run, SHIPPING INTELLIGBNCB. DM AM trUl../1111. sea. 2 Dula In 0 u ttollead .... 00 ladle.. South. 0 Mame one 1 Waterford o'o !landau .... 1 asepton..Feb 28 11., Feb.l2 If honuobades. 01 France .. u 0 De. Mansills, u 0 0 India Feb.l u Goma/a/tr lO Lisbon ..Fcb.6 0 tomes an •a. 0 Brant.. MU 0 11,abure GIAVESV.ND, Jan. 20.—Arriyed : —Director, Antwerp; Adonis, Rot terdam • Albion, Boulogne • Belfast, CaWla ; Lord J. Russell, Middle burg; tome, Ramble' • Ada, Mauritius; Aliwal, Guernsey; Breeze, Ancona • Britannia, Leghorn; Itues-a Ayrlan, Buenos Ayres Count, Sicily; 'Dore, Guernsey ; Equator, Alexandria ; Elisabeth Iluddlestone, Guernsey ; Enchantress, Zante ; Hugh Brown, Case; Hamilton. Callao; John Cobbold, Mauritius; John Graham, Simne -1 dela ; Martha, Guernsey; Pilgrim, Calcutta; Speculator, Suss; Guernsey ; Wow, Chanute ; Superior, Dcmtrar ; Sharp, Meares ; Stephanie, (hen; P. 1 theldrrd, Honduras ; Emanuel Witcher, Buenos Ayres; Amwed, Mauritius ; Caroline, New York ; thetas, Gottenburg • England's Queen, China ; Ellen Mar ray, Guern-ey ; Ellie, Copenhagen; Era, Leg h orn ; Furth, Pa tna; Gratitude, Mauritiue• Collo, Genoa; Gilbert Jameson, Petra% Henrietta. Trinidad; Julia:Guernsey ; Jam. a Quid, hunk, Demerara; Lucy, Antigua; Lady Mary, Odessa; Penguin, &men , Prince Albert, New York ; Susan, Crisp, Mauritius; Sam Slick, Afrill ; Triton, Os. tend; Truth, Caen ; Ware, Medemblik ; James M•Queen, St. Kitt's; Ange Mathilde, Margaret, Caen; Attwood, Rainbow, Rotterdam; Demerara.—Satled: Amiga, Valpar.as,; BtitUh Queen, Trieste ; Coneervative, Jamaica; City of Boulogne, Boulogne ; Duke of Wellington, Honduras ; Honduras, Sydney ; John Bull, Harare; Lady Bute, Calcutta ; Lookout, Terceira; Ocean, Rotterdam; Primes Victoria, Antwerp ; Ramey Rotterdam ; tile Banks,Ostend ; 'round, I Calais; Victory, Clyde ; Ara, Malta ; Superior, Newport; Meteor, Sierra Leone; Merger, t West. Batavia; Nonpareil, St. Michael's; Sylphide, Rio; Neptune, Bremen; Jere Javier, Cadiz; Salta. San Sebunan; Laura Amelia, Havre; Niteroi's°, Guernsey ; Mary Muir, Singapore; Guiana, Sierra Leone; Queen of the Usk, Newport; Hercules, Malta. Livearoot, JAM. 27.—Arrived: Visconte de Bruges, Ostend; Unto Alexandris; Emma, Oioja.— Sailed: Elizabeth, New Orleans; Nia gara (a.), Boston Leila, Baltimore; Ashburton, Ni w Yu. k ; Jams (hider, Charlest on ; Orleans New Orleans; Belle, Beyrout; Over bridge New Orleans; Re so lution, Maranham ; Ark, Charleston; Sarah ' Ann, Mobile; Maryland, Harriet Augusta, Braudywine, Louki. ena, New Grimm; Repair Union, Vigilant, Ostend ; Lion, Gam; Golden Fleets, Pernambuc o ; America, New York; Masconomi, Mew Orleans; Clarissa Andrews, Mobile ; Runnymede, Newton/Wind; Bibelot Primeiro, Lieber • Frederick, Virginia; Laurel. Newtons& land; John Bibby, Hong King; Cairo, New Orleans ; United, Buenos Ayres; Mountaineer , Demerara ; Corsica, Baltimore; Fair Ratlike% Leghorn; Zoe, Cape of Good Hope; Mantle, Trinidad ; Vittoria, Me =a; Mersey, Jamakm ; San Juan, Bareelosa. BIRTHS. ADAM.—Jaa. 33, at Edinburgh. Atm 8. Adam, of a son. BALYOUIt.--Jaa. 23, at Halberds, N. 13.. Lady Georgian:6 Baby:. of • SOIL DALMAUOY.—Jaa. 23, at Edlabargb, Mra P. Paddler, of • daughter. FOUldat —Jam 21, U Glasgow. Mrs. J. C. F0u1.1,. of a ma. HAACOURT.—Jaa. 23, at Acker's) doe Mode, Duck., Mre. Thwoodt. HABTINOR—Jan. 25, at Ifertingfordherr rectory, tho wife of the Hon. and Key. 0. Ilaellugg, of • daughter. JRIIVIB.—Jan. 22, at the rectory. M illingalo Frain. the %%Ile of the Rev W. 0. Joni', of soon. KENNIODY.—Joa 25 at Der onsbire place, the wile of L. Remelt. lA. of • daughter. REID . -Jan. 23, the wife of J. field, Esq , Canterbury. of a 100. still.bern. VARDY.—Jan. 26, at Oilkon , •Quare, the wife of the Res. C. F. Vardf. A.M. of •daufhtes. VkiNOUß.—Jan. itti. at Teddington Home. Middlesex. the wife of W. A. v eoc .r, yea., of • daughter. WILLIAIII3.—Jaa, 25, the wife of F. B. Williams, Esq.. of Linc)taa. Inn, of a son. MARRIAGES. ANDREWS—JERMYN.—Jan. 26 1 at Lowestoft, hr the Rev. Canon Cunningham the Rev. W. 11. Andrews, rector of Carlton Colville. or CLoo th& only child of the late EE. Jennyn, MA., rector of Carlton lville. Suffolk. OIthELEY—VAVASOUR—Jan. 23. at Ashby dois vouch, by the Be?. S. Madan, LA., Omen Reddentlary of Lichfield. the her. J. M. Greeley, )1.A., teeter of Seale, to Penelope, eldest daughter of the Rev. M. Vavaaostr, M.A.oicsr of Ashbrde laZeueb. TOPHAII-111 LL.--Jan. 26, at Spalding, Mr. R. Topham, of SMIftS common, to Mary Hordes MIL bo c u e rt tiaughter of the late K to U Esq., of Bean. nom Market WIORAM—DOUGLAS.—Jan. Mat nalew, lale of Man,blths Rev. 0. M. Leta, L. ~ son of the late Sir R. Witless. Dark, to lady Kathettas J. youngest daughter of the late Earl of Selkirk. WILLIAMS—YLETCHEIL—Jan. 26, at the Collegiate Church. South well, by the Rev. IL O. Match, Canon of Southwell, and vicar of Mle hvd. Rent. J. W. Williams, Len, surgeon, of Brentwood, riaea• Elisabeth daughter of the Rev. O. Watcher. of flouthisclL DEATH& COLLINS.—Jan. tti. at Richmond-green: Surrey, Jones Collins, Er 4. late of 11.E.1.C.5., aged DEACON.—Jan. 22. lowidow of J. Deacon. Em. EOAR —Jan. 23, at Dublin, Mn. Catharine RM. mild lat .1 r, l Jai it, Exeter, the Eon. Elba Linningtoo, will d L rant, Esq. JENTIMR—Jan. 25, J. L. Jeffreo, Em., churchwarden of 131. Luker. (beim aged 61. LEWlL—jan. 22, at Ludlow. Walter, eon of the Rev. Mr. Lewis. et Chlagnectit MITOthELL—Jan. 24, at Minnow. J. Mir hell, Ell., of the Graspb°4 Repawork. NEl4l).—Jan.22, at Rolston Lodge, Jan% wife of Cene• H. Not aged 26. PIAOOCK.—Jan. 22. at Alott Cottage, Wells's, the wife of J. 11 . Peacock. Es„ seed W. TSMPLE.—Jan. 21, at Plymouth, T. M. Temple. Esq., UMW. RN. aged 80. Iltntad and pabilAsil war KING Husa of No. WOW& MVO. to the City of Le n dn, Mater. at tits S OS" la Loottertioitillt. to Sim procisot of Whltottlors.—llogumr. 19. WW. p 0 oi l soft 6. 7. C IL 1 9. 1 19. L 11. Id 11 el < Tw. LIM i *tea by s co on Ito "Wooll, 11 1 14. 1 ]i. it ! F. i U. I 19. 1 10. i 21. 12. 21. 24. I 36. I 110.1 Subs receive salute Gwent Moneta The 1111, ISO. nc ka T. Ise Esmuc ISTAT To 8u 1:11011 Trama to Beted for i Ware %FT Grao"7 Omuta email 11. M. aotia Dletril Advcr Balarl4 Pontes BenC I Poor.] The that I large I nearly to 1.5. taut o the C 'oven Arad Ws le N TRAI R bom BAkrur The will w Centro Monte! Sir 3&mt It. 11 The L born Rev. Mrs. A Miss Johs, John I Rev. I Rdwar Yam i a r r Mews , J. son K. I John '"Ca O. D. I T. P.l re~ ♦ few WM Mr J. Marin Mewl Kenn Mann %woo Yawn Loado Undo thalon E' sad= ROW] LAN! Ins sa, *Nom p Muria royalty oept4ol, Wet C • dutr twin ma y, asth Wife?, , D Ye r. WAF E dliorde ire Inn 710004