The Express. — London, England, 1867-01-19 00:00:00

4, Lab) fate!ligenct. EQUITY COURTS.—JAN. 18. (Before Yict-likaucelor 311.1in' a.) nV 2 M", GrielEY. AND Co/IPA:IV—OAKES' AND penes CASE.. 'Before the resumption of the he►ring of these motions. Mr. Polly (with the Attorney•th nerall stated that the eroee•etamination of Mr. Birkbeck was not completed ►efore the examiner. and the arrangement was that it should be continued in court if necessary. He should not. however, think it necessary to carry the crow-examination further. Mr. Coxburgh intimated that he did not intend to re eit :Mill°. and the evidence therefore was complete. Mr. Boiiy wished to draw attention to the facts that the memorandum and articles of association were signed is July. 1865 , and the deed at the end o f th e mon th, an d that the bank stopped payment on the fah of May. This would go far to show that the st a t em ent s o f th e pro apectus tnat the concern was a growing and prosperous one eould net be true, otherwise it would be most extraordi wary that eight months after 1,500,0001. of new capital had been brought in the bank should stop. It was clear that when the prospectus was issued the company was insolvent to the extent of :1,000,0001. He did not mean to say that if they included the private property of the members of loth the London and Norwich firms, and the value of the goodwill of both, there might nut be a balance in favour of the partnership, but the business was not solvent. From the evidence of Mr. J. H. Gurney and Mr. Rlrkbeck it ap peared that from 1856 to 1865, the date of the transfer, with the single exception of 18.58 no profit was made in soy one year. and both these gentlemen admitted the in solvency of the old firm, stating that their own capital had been lost, and they had incurred heavy liabilities be s id es . It wax quite possible that the parties to the transfer were of opinion that the new capital which would be introduced would enable them to extricate the business from its diffi culties, end to make it again a profitable concern, and it was out necessary for his purpose to show that they had amy other intention. The point was that two deeds were executed, one of which was intended to be made public, and the other to he concealed, and that the public in sub scribing for shares were deceived as to the value of the property transferred. The position of the company was known to the directors at the time they issued the pro spectus, and if they bad informed the public how the matter stood it was not to be supposed for a moment that the shares would have been subscribed for. The Vice-Chancellor thought no one would venture to say that any sane man would have taken shares if he bad been told that the company was 3,000,000/. in debt, and that be was to rely upon the value of the private pro perty of the partners, upon which he had no lien. . Bally submitted that the prospectus was beyond all doubt the act of the company, and in support of his view cited " Rem v. the Estates Investment Company," before Vice-Chancellor Wood, and Blake's case. The Vice-Chancellor mentioned the case of " Rawlins v. Wickens." in which an innocent person, who was • part- wet in a bunk, having induced another by an erroneous statement to join the company, was held liable to the extent of his property to make good his representation. Mr. Daily said the question was what was the statue of the different members of the company with regard to creditor.. It had been suggested that prima facie this was like the case of any ordinary partnership, but there was this material difference, that a creditor of • joint stock company had no more right to bring his action or Ale his bill against any individual member of the partner. ship, than a person having a claim against the corporation of London hail a right to take proceedings against some one Diem; er of theComman Council. Whatever, therefore. might be the equities, in these eases, between the corpora tion on the one side, and individual members on the other, those equities were binding upon the creditors. Creditors were aware that any person on the register might sell his shares, and after a certain time fixed by the deed fin this case twelve months), all his liability in respect of such 'harem would cease. A creditor wishing to have the wets of the company applied for his benefit could do so by action against the company, or by a winding.up order ; but the creditor of a company bad no remedy against any member of the partnership ; and in trusting the company, be did to with a full knowledge of the law in this respect. The Vice-Chancellor remarked, that if the registration of shareholder, was to go for nothing, there was an end to the protection to creditors which these acts of parliament proposed to afford. Surely shareholders were in a Letter position to obtain information as to the actual condition of • company than creditors. Mr. Roily contended that in this case Mr. Oakes had no means of ascertaining the actual state of affairs. The Vice-Chancellor—The fact is you took your shares upon the faith of the name of Overend, Gurney, and Co., and Mr. t)ppenheim and the other creditors trusted their money with the company for the same reason ; and the question is, who are to be the sufferers—the shareholders or the creditors? The argument for this motion would cover the Cases of all shareholders except the directors. Mr. Bally admitted that that was the csse. The sets of parliament relating to joint-stock companies gave the creditor no right except as against the emote of • company. He did not suppose that any ere ditto would take the trouble to look over the register of shareholders. - The Vice-Chancellor apprehended that creditors would look for their security to the fact that there was a capital et ;i1 millions not called up. Baily proceeded to contend that it was only upon lair and equitable grounds that the Court of Chancery would remove a name from the list of contributories, and if a perron was improperly placed on the list there was nothing in the acts of parliament which would take his name or as against the company and yet retain it as against the creditors. It was of course utterly impossible to ascertain, before deciding whether certain names should be removed, whether, supposing they were removed, there would be sufficient left to pay the creditors and the question, therefore, whether the list was right or wrong, must be determined Irrespective of creditors' claims. A person must be upon the list for all purposes or none, and if he showed that his client was entitled to be taken off for one purpose he must be taken off altogether. Creditors had no right to appear at all upon the question whether certain persons were or were not members of a company, that being a question between the company and the members concerned. If this had been a common partnership case persona could not be made liable for debts incurred before they joined the partnership, but the difficulty of taking account when each person joined was avoided in these ether's by making the company a corporation, and giving the creditor a claim upon the sleets of the corporation. The Vice-Chancellor said if this case could not be dis tinguished from Ship's cam his decision must be ruled by it, though he could not comprehend the reasons upon which the Lords Justices founded their judgment in that CYO. Mr. Enily submitted that the question was not one be tween two innocent persons who had been defrauded, hut between an alleged shareholder who had been defmu.le , l and a creditor who trusted the company knowing what the law was, and that his only -lain was against the assets. He held that the name of Mr. Oakes must be taken off the list of contributories. _ _ _ 11;. Swanton followed on the woe 41., and contended that all that it was necessary for his cli..nt to show was, that the statements of the prospectus were untrue. The Vice-Chancellor thought there would he no difficulty as to the facts. Mr. Claw said, on behalf of the directors, that he die. puted the accuracy of all the facts which had been brought forward in support of the motion. Mr. Swanton observed that the alleged surplus of 688,0001., after including all the property of the individual partners, was altogether illusory. It was arrived at by calculating as assets 600,0001. value of the good will of the London business, 300,0001. goodwill of the Norwich business, and 45,0001. the value of the premises in Lombard-street, whereas the goodwill of the London business had been proved not to be worth aixpenoe, the goodwill of the Norwich business was disposed of in /Mach, 1866, for nothing, and the sum for which the Lombard-street premises were taken was 26.0001. It had been suggested that all that was intended to be transferred was the banking and money-dealing business, which justified the statement of the prospectus ; but there was no doibt that the inteetion was to sell the whole, and that this suggestion was only made to avoid the con sequences of the failure of the limited company. If Mr. Oakes, in consequenoe of fraudulent representations, was entitled to have his name removed from the register of shareholders, the only doctrine upon which he could be responsible to creditors was that he had held himself out as a partner by allowing his name to appear upon the register and the question whether an individual so acted as to bo ld himself out to creditors an a partner was • question of fact and nut of law. It had been laid down distinctly that the " holding out" in a private partnership must be before the contract, and it would be perfectly impossible for com panies to be wound up by the Court of Chancery if a ques tion of this kind were to be raised by every shareholder with respect to every debt. The creditors of a joint-stock company trusted not individuals but a corporation, and those only who were properly members of that corporation. Tbedoctrine of "holding out" had been held to be an unjust and harsh doctrine, and one that ought not therefore to be extended, and the statute of 1862 was an express bar to any suggestion of its being extended to joint-stock com panies. This case must be decided just in the same man ner that it would have been dealt with if there bad been no winding-up order, but a bill had been filed to remove the name of Mr. Oakes from the register of shareholders. At the conclusion of the argument for the motion the court rase. COURT OF QUEEN'S BENCH.—JAN. 18. Sittings in Bronco.—(Before the Lord Chief Jiurtice and Justices Mellor and Lush.) This was special paper day. The court disposed of several cases out of a very long list on the paper, but they were devoid of general public interest. BAIL COURT.-JAN. 18. Billings at Niai Prius at Westu•inster.--inefore Mr. Justice Mee and Common Juries.) REDMAN AXD WITI V. BATEY. This was a very peculiar action. Ths plaintiff claimed to receiver damages for injuries resulting from her drinkin g longer beer manufactured by the defendant. Mr. Pearce appeared for the plaintiff ; Mr. Powell and Mr. Joyce sppeand for the delendeat. THE- EXPRESS, it appeared that the plaintiff fg a mall shopkeeper, car. ryang on busies.. in Orchard-street, Westminster, and liniongat other articles he sold ginger beer, which was sup plied to huu by the defendant, whn is a ginger beer , manu facturer, cairying on business at Kingsland. In June last the plaintiff's wife, in order to assuage her thirst, took a bottle of ginger beer and drank sonic of it from the bottle. It produced a burning sensation in her throat, and in order to allay it she took an emetic, but finding no relief from it she was taken to the Westminster Hospital. The medi cine administered to her did not relieve her, and she went again the following morning to the hospital, when the medicine which was given to her had the desired effect in relieving her from pain, but she felt so weak that she had to go to bed. Plaintiff's wife having detailed those facts, added that she had been reduced one half in size since she drank the mixture ; her strength had diminished, and she was now unable to attend to her business. She bad since given up the ginger-beer branch of her trade. In croas.examination plaintiff's wife said her husband broke the bottle, and there was found to be some putrid matter in it ; the smell was so bad that it nearly killed her. The plaintiff was called. lie stated that when he broke the bottle, the abominable smell completely " knocked him over." (Laughter.). In croas-ex . atuirltion'he stated that he wrapped the bottle in paper, and afterwards took it to the hospital. In consequence of his wife's screams so large a mob collected round his house that he was obliged to close his shop. Mr. Oxley, house surgeon of Westminster Hospital, stated that he attended to the plaintiff's wife when she 1 , 10.11 brought there: be prescribed for her. He examined the bottle, and found that it had contained candle grease and burnt Inciter matches. It would be likely to pro due.) sickness, but not to cause pain. On the part of the defendant it was contended that the plaintiff and his wife bad greatly exaggerated the case, and further that the wife's illness did not arise from drink ing the ginger beer. The defendant's carman was called, and stated that be frequently found that many of the plaintiff's returned bottles had been used as candlesticks. Rogers, one of the defendant's foremen, said he had seen other makers' cards in the plaintiff's shop window, and had received other makers' bottles from him. B ottles sometimes came back with grease in them • the bottles were well washed in hot water, and afterw ards put in a rack to drain. _ Mr. Joyce—How do you make your ginger-beer Witness—Water. (Laughter.) Mr. Joyce—And eo is London milk. (Laughter.) Witness— Well ; water, sugar, and acid. Mr. Justice ghee--And no ginger? Witness-oh, yes ; of course. (Laughter.) Mr. Pearce—Have you anybody here who bottled and corked in June and July last. Witness—Yes. We have a bottle-washer and a corker. (Laughter.) One of the fillers was called, and he stated that when anythinz nasty was found in the bottles they were put back and broken. Cross-examined—We have found grease and pieces of cork in the bottles, but nothing else. The defendant was called, but he refused to answer whether other persons bad complained of being poisoned by drinking his ginger beer ; it had nothing to do with the cane. He did not pay M. in August last. He heard about six weeks since that complaint had been made to one of his customers, named Hales, that he had sold ginger beet to a lady which injured her. He paid no compensa tion. He never heard in August, Itil 6 (if it was in the newspapers), that a woman had been poisoned by drinking his ..Luger beer. The jury ultimately returned a verdict for the plaintiff, damages 5/. COURT OF COMMON PLEAS.-J . 18. Sittings at Nisi Prins in Middlesex. —(Belore Mr. Justine Myles and a Common Jury.) HASWELL s'. HAWKINS. - • This was an action to recover damages for serious injuries suffered in consequence of a fall whilst getting upon an omnibus. Mr. Serjeant Parry and Mr. Macnamara appeared for the plaintiff ; and Mr. D. Seymour, Q.C., for the defendant. The plaintiff was a decorative artist, living in King. street, Soho, and the defendant was the proprietor of seve ral omnibuses. About half-past son the afternoon of the lot September last the plaintiff hailed in High-street, St. Giles's, one of the defendant's omnibuses which was going to the Victoria station. The plaintiff got upon the step of the omnibus, intending to sit upon the roof, but he was thrown off by a jerk and fell into the road. He hurt his right hand so badly that he carried it in a sling for upwards of two months. During the whole of this time he was prevented altoge ther from working. His average earnings when at work were 5/. a week. He also received • severe cut upon the left temple, which healed in a few weeks, but one of the results of the blow was that the retina and the optic nerve of the right eye were injured ; and the medical evidence was that the sight was seriously and permanently damaged. The plaintiff also said that this interfered very much with his power of working at his business. The question in the cause was through whose want of care the accident happened. Both parties agreed that the occurrence took place opposite to the White Lion public. house. The plaintiff's case was that the omnibus stopped, awl that he got upon the step. With his right hand he held the rail, and in his left hand he had a 'mailbag and a pound of butter wrapped up in brown paper. He held these things out to the conductor to take, no that he might get upon the roof. At this moment the omnibus suddenly moved forward and the plaintiff was thrown off. The defence was that the omnibus was going down en incline, and that it had not stopped when the plaintiff got upon it. The conductor's back was to him at the time, and the conductor did not know he was there until the plaintiff nudged him to take his bag. The conductor said he had better get inside, but the plaintiff said " no." The conductor took the bag and called upon the driver to stop, but before the omnibus had stopped the plaintiff fell from the step. Mr. Justice Byles said that it seemed to him that the main point for the consideration of the jury was whether the omnibus was going at the time the plaintiff put his foot upon it. The plaintiff himself said that it was not, and the other witnesses called for him said that they did not know whether it wee or not. On the other hand, four witnesses called for the defendant MOTS that the omnibus was in motion when the plaintiff got upon it. The jury were looked up, and after they had been in their room for seven hours, without " meat, drink, and flue, candlelight excepted," the, were discharged without being able to agree upon • verdict. COURT OF EXCHEQUER -JAN. 18. Sittings at Nisi Priam in Middlesex..—(Before Mr. Baron Bramwell and a Common Jury.) MARSHALL V. MATSON. This was an action of • rather singular nature. The declaration stated that the defendant was a common car rier of passenger, by a certain omnibus from the Broad way, Deptford, to the Old Kent-road, for reward ; that the plaintiff tendered himself to be carried, and was pre to pay the proper fare, but that the defendant re fused to carry him. The defendant pleaded " not guilty," and among other pleas that he was not a common carrier as alleged, and that the plaintiff was not in a fit and proper Staid to be carried by a public conveyance. Mr. Joyce appeared for the plaintiff, and Mr. Pearce for the defendant. The plaintiff was an attorney, and the defendant the proprietor of an omnibus which ran between Greenwich and Greet-church-street. On the 28th June last the plaintiff went with • client from London to Greenwich, for the purpose of taking out a plaint in the County Court in that town. On the close of the office at four o'clock he went to a neighbouring tavern to copy some documents, and write his letters, so as to save the evening post. He then intended to proceed to London, but altered his mind, and called upon some clients at Deptford, by whom he was detained until about 7 o'clock. He afterwards walked to the Broad way, Deptford, and had some refreshment at a coffee house. He next waited in front of the Centurion public. house, in the immediate locality, with the view of taking a Greenwich omnibus and making a call in the Old Kent road. When the defendant's omnibus came up be got upon it, but being told by the conductor that it did not go through the Old Kent-road, he shortly afterwards alighted. He subsequently ascertained that the conductor had deceived him, and that the omnibus did actually take the Old Kent-road route, whereupon, annoyed at the trick played upon him, he speedily made for the railway station, so as to catch the omnibus in Orsoschurch-street. This he succeeded in doing, and on remonstrating with the con ductor the reply he received was that he did not wish to carry him because he was intoxicated. The plaintiff was greatly annoyed at this charge, and he brought this action, not to recover damages, which, at the utmost, could only amount to the fare of a cab to the Old Kent-road, but to vindicate his character. A po an omnibus time-keeper, and some other witnesses proved that the plaintiff was perfectly sober. Mr. Joyce said his client was a respectable solicitor, and desired no more than to cleat his character from the asper sion cast upon it. The learned counsel admitted that there must be only nominal damages, which would not carry costs, and suggested that perhaps the best course would be to enter a stet proceuua. He observed that if the case went on sonic issues would be found for the plaintiff and others for the defendant, and it was doubtful on which side the balance of costs would fall. The proposal of Mr. Joyce was not accepted. Mr. Baron Bramwell said as the action was for so small an amount it must be dealt with strictly. The declaration gave the termini of the omnibus route Dept ford and Old Kent-road, which was incorrect, the con veyance running from Greenwich toGracechurch-street,and in that respect, therefore, the defendant was entitled to a verdict. His lordship also held that there was no refusal at common law to carry, because the plaintiff acted upon the untrue statement of the conductor as to the omnibus not going to the Old Kent-road, and voluntarily left the vehicle. This entitled the defendant to a verdict on the plea of not guilty. He then directed a verdict for the plaintiff on tits issue raising the question as to the plain tiff's sobriety, and some other issues. The jury found according to his directions. RUTHERFORD V. ROTHIRFORD: This was an action between two brothers. It was brought to recover 75/. for money lent. The defendant pleaded never indebted, end the Statute of Limitations. Mr. Cutbill for the plaintiff ; Mr. Philbrick for the defendant. SATURDAY -EVENING, JANUARY 19, 1867. The money sought to be recovered was said to have been lent so long ago as 1848, and the plaintiff contended that the Statute of Limitations did not operate, as small in. stalments had been repaid within the last few years. The defence was that the money was not lent, but pee vented as a gift, at a time when the plaintiff lived in more prosperous circumstances, and letters from the plain tiff appealing to the defendant for small loans to relieve his distress, and in which no allusion was made to the debt of 751., were put in evidence to show the improbability of the plaintiff's story. The jury found a verdict for the defendant. COURT FOR DIVORCE AND MATRIMONIAL CAUSEB.-JAN. 18. (Before the Judge-Ordinary, Mr. Justice Willem, and Mr. Justice Blackburn.) mar.cm v. BARCH AND PALUNDO.—(II6AUMONT AND BEAUMONT INTERVENING.) This was an appeal on the part of the respondent, Mrs. March, against an order respecting the custody of her child ; but Mr. Searle, intimating that an application was about to be made to the Jude -Ordinary upon new evi dence to vary his order, submitted to have the appeal dismissed. Mr. Hannen, on behalf of the petitioner, moved that the respondent and the interveners (Mr. Wentworth Beau mont and Mr. Somerset Beaumont, the uncles of the child) be condemned in the coats. The court made an order accordingly. 0017 RT OF BANKRUPTCY.—JAN. 18. (Before Mr. Commiseueer Goulburo.) IN RE R. O. H. JOHNITONi. This wu a sitting for examination and • . The bankrupt, Robert Gordon Hope Johnstone, desert him self as late of 5, King-street, St. James's, gentleman, and since a prisoner for debt in York Castle. He ascribes his bankruptcy to his father having refused to advance farther money to pay his debts. He had been arrested at the snit of Mr. C. P. Froom, of Lincoln's-inn-fields, but obtained his release upon the adjudication of a registrar. The accounts disclose the following results;--Creditors, unsecured, 15,7871. 19s. dittol holding security, 15,000/4 and liabilities on bills discounted, 2,00 W, ; the property in the hands of creditors is returned at 3,5001., but there are no assets. The secured creditor is Mr. J. J. Hope Johnstone, of AnninFdale, Dumfriesshire. for 15,00 W., in reference to whose claim the bankrupt states :--" In 1882 I gave this creditor a charge upon my reversionary interest under my father's marriage settlement to secure to him the repay ment of any sums he might be called upon to pay for ad vances made to me. The amount of my interest therein is 5,0001., the present value being about 3,5001." Mr. W. Jones appeared for a creditor; Mr. Linklater, on behalf of the waiver, offered no o pposi tion; and an im mediate order of discharge was granted without remark. THE POLICE COURT& BOW-STREET. Alfred Berton and William Henry Bryant, two well dressed young men, were charged by Mr. Parker, the hon. secretary of the Metropolitan Water Supply Association, with embezzlement and forgery. The prosecution was coeducted by Mr. Wontner, jun., and the prisoners were defended by Mr. Lewis, sen. Mr. Wontner said the association, though the learned chief magistrate might probably not have beard of it, num bered among its patrons several distinguished names, in. eluding those of the Duke of Wellington, the Earl of Shaftesbury, and Sir J. Lubbock, the banker, whose firm were bankers to the association. The aloes were in Bream's-buildings, Chancery-lane ; and the ob ject was, by ruemorialiaing the government and pe titioning parliament, and by other means which he need not enter into, to obtain a larger and purer water supply for the metropolis. It had received a con siderable amount of support from the nobility and from the public, more especially from those carrying on busi ness in the City. The course of proceeding was this. They first of all appointed collectors, who wont about with petitions, to which they obtained signatures, and who re. mired subscriptions from such of the public as felt dis posed to contribute towards the expenses. Each collector was provided with a book, in whilh it was his duty to enter the amount of the subscriptions. It was then his duty to hand the money over to Mr. Parker, the secretary, who in due course forwarded a receipt to each donor. Properly speaking, the money should be accounted for day by day. Perhaps this wax not rigidly enforced as to the very day, but at all events it should have been as nearly so as possible. The receipts forwarded by Mr. Parker were printed, al: but Mr. Parker's signature and the amount ; but the collectors had no power to give re oepts at all. Sir Thomas Henry should have thought that the persons giving the money would have required receipts from the collectors at the time. Mr. Wontner said he would not discuss what they might prefer ; he only stated what was the regulation and the practice. They were distinctly instructed not to give receipts, as they would be forwarded by the secretary. Some time since the two prisoners, who had previously been collecting separately, joined into • partnership. Sir Thomas Henry—How were they paid? Mr. Wontner said the single collectors had 50 per cent. of all contributions. When two worked together each had 2 5 per cent., which amounted to the same thing. For some time past Burton had shown himself very unwilling to let Mr. Parker see his book, saying that he had left it at home, and when he saw that of Bryant, the latter said the moneys therein entered were all that had been collected by them both. It appeared, how ever, that in November the prisoner obtained • d o n a ti o n of si. from a gentleman named Monday, of 70, Porchester terrace, Bayswater. That house had previously been oc cupied by • gentleman named Murray, and it was pro bable that they mistook the name. At all events, • letter directed to Mr. Murray at that address was forwarded, and returned through the dead-letter office. It was found to contain • receipt similar to those of the association, only that the name of Mr. Parker was ' printed, and the woods " Bryant and Burton, collectors , ' added. iidded. The date, the name of the gentleman, the amount, and the signatures were in the handwriting of Burton. No account of this donation had been rendered by either of the prisoners ; and but for this mistake in addressing the letter contain ing the forged receipt to Mr. Murray instead of Mr. Mon day? the forgery would probably never have been detected. Sir Thomas Henry asked what part of the document was alleged to be forga Mr. Wontner said the whole of it, as purporting to be the receipt of the secretary. Sir Thomas Henry said it purported to be the receipt of Bryant and Burton, and apparently was • receipt for money which they had obtained. If it was anything, it was giving a receipt without authority, but at all events it was not forgery. After • technical discussion. Mr. Wontner said he would reet on the charge of am berzleinent. Sir Thomas Henry asked who was the muter. Mr. Parker could not be so, for he also was a berrant of the committee himself. Mr. Wontaer said, Mr. Parker was a member of the committee, and hon. secretary. The prisoner could be in- dicted for embezzling the money, the property of Mr. Parker and others, the oonlmittee. Sir Thomas Henry said they were not partners. It was not a joint-stock company. Mr. Wontner said they were certainly not registered but the money was still the property of the association. Persons might be jointly defrauded without being partners. There might be a fraud on the public generally. Sir Thomas Henry said that would not be embezzlement, unless it could be shown that some person or body was their employers, and that that party was defrauded. Another discussion followed, in the course of which Mr. Wootner said that Parker had formerly been a collector himself. Mr. Lewis said that Parker made himself secretary before there was any committee. In fact, it wasall made up between the three, and the question was which was to get the most money. Sir Thomas Henry said if that was so it was a conspiracy of the three to obtain money by false pretences. Mr. Lewis said he had only now to meet .the ch►rge of embezzlement. Mr. Wontner said Mr. Lewis gave his own clients a bad character. If the association was a swindle no one would be more anxious than he that it should be exposed. But if so, there was no honour amongst these thieves, for the pri soners did not give their accomplice his share of the plunder. Sir Thomas Henry said it was quite clear this charge was not made out. Mr. Wontner—We can get somebody else to prosecute. Sir Thomas Henry—Very well ; but you are not pre pared now to make out the charge of embezzlement. If you had applild for a warrant these difficulties would have been poipted out to you. Mr. Vfontner, after oonsulting his client, withdrew the charge. Sir Thomas Henry °Nerd the police to retain for the present the books and papers found on the prisoners. DREADFUL DEATH OF • BREAK/HUN OW THE LONDON AND NORTH WESTERN RAILWAT.—AII the 10.48 train for Manchester was leaving the Lime-street Station of the London and North Western Railway, at Liverpool, a breakswan named Zephaniah Hall, aged 30, was standing on the footboard of a carriage to attach to it the endless chain which drags the trains up the tunnel, when his head came into contact with some scaffolding. He was at once thrown down on to the rails, and, the train being in mo tion at the time, several carriages, passed over his body, killing him on the spot. An inques t waa held yesterday afternoon, when a verdict of " Accidental death " was re turned. [Advertise' mentl--Hozsowaire Oisrmewr AND Ilthu—ltheumatic and - Nervous Patna—The chilly morn and evenings provoke then tortures in constitutions susceptible of inch maladies. Nothing affords so much relief an Holloway's Ointment well rubbed upon the skin after repeated fomentations. Thousands of testimonials bear wittiest to the wonderful com fort obtained from the sale and ample treatment which all can adopt Holloway's Ointment, amisW by • teddies/ use of the Pills is especially serviceable in as=l: Inifferings from cramp and other muscular pains, w Demuth, chromic. external, or internal. It Is earnestly reccoaraisded that every sufferer from them pains shoulders Holloware reneedles a tow days' trial, width will fully conviaas the lanai thet awe will De the mega of otedisitedpereeverahoe. METROPOLITAN BOARD OP WORKS. The weekly meeting of this board was held yes terday; Sir JOHN THWAITES in the chair. CHISWICK, ITS SL"Will AND TIM THANES. A deputation attended from the inhabitants of Chiswick to present a memorial praying the board to take steps to include the pariah of Chiswick within the area under their jurisdiction _ _ Mr. LAXIIIN, after a few words, moved that the subject be referred to the Works C omm itt ee , w hi c h wu agree d to. BARRIERS IN PUBLIC THOROUGHPAREq. Mr. SHAW moved, pnnuant to notice, "That a petition be presented by the board to parliament to repeal any authority given to private individuals to erect gates or barriers across streets or thoroughfares, so as to obstruct the traffic therein, in cases where the maintenance of such streets or thoroughfares is paid for out of the public rates." Mr. REALEr seconded the motion. Mr. BicitsitosoN did not think that by petitioning par liament they would get rid of the nuisance. The CHAIRMAN suggested that there might be a diffi culty in the way, as persons had taken premises on the understanding that they should have quiet possession of them, and if the barriers were removed it might be consi dered as a breach of the covenant between owner and lessee. Mr. HALL said it was most unjust that the ratepayers should be compelled to keep these streets in repair, and not have the use of them. If they were permitted to pass they were compelled to wait until some official fetched a key to open the gate that obstructed the way. Mr. NTCHOLAT also strongly supported the motion, and instanced that the parish of Marylebone had unsuccessfully taken up the subject years ago. Eventually the following motion was put and c►rried unanimously :—" That it be referred to the Works and General Purposes Committee to take into their considera tion the existence in the streets of the metropolis of many barriers, gates, and private tolls, to the obstruction of the general traffic, with power to take counsel's opinion thereon, and to report their recommendation to the board." THE ENOINEER 01 , THE BOARD. _ . Mr. SAC %GE moved—" That in future no permission be granted to the en&eer or superintending architect, or any officer of the board, to undertake works for any oor• poration or other parties, either as consulting engineer or architect, or otherwise, unless notice thereof be plaoed on the agenda issued to the members two clear days prior to the meeting of the board;' which having been seconded was, after a short discussion, carried, and the board ad journed. EXTRAORDINARY CAREER OP JUVENILE CRIMINALS. Three young girls, named Howard, Connor, and Hyams, aged respectively 16, 13, and 12, and the latter of whom was • Jewess, were yesterday brought before the Lord Mayor at the Mansion-house, chrir. with stealing a merino vest and six chemises, value 2!. 74., from the shop of Mr. Burns, a draper, in Bishopegate-street. This case presented some circumstances of a very extra ordinary character. The prisoners were all seen in cam piny together, and one of them was observed to take the property in question, and when they were taken into custody the articles stolen were found in the possession of the younger priaoner,Hytiras. The prisoners were remanded, in order that some inquiries might be made about them, and the result of those inquiries was, that the prisoners, although so young. had been constantly leading a course of crime ; and Moffatt, • metropolitan police-constable, now stated that the two younger prisoners had admitt ed. to him that in one day they had committed five different robberies. They had parents in London, but they could do nothing with them. The Lord Mayor inquired if the parents of any of the children were present. The father of the girl Howard got into the witness-box, and entreated his lordship to do something to get the pri soner sent away. He had got good places for her, but she would not keep them, and all her delight was to associate with thieves and commit robberies of every description. She had been already sent to • reformatory, and came out of that institution four years ago. The Lord Mayor, who was evidently surprised at this statement, asked how it was poesible that the prisoner could have been discharged from • reformatory four years ago, when it appeared she was now only 16 years old. The father replied that she was only nine years old when she was sent to the reformatory, and she remained there three years, but after her diachsrge she conducted herself as badly as ever. If he remonstrated with her she only abused him and made use of the most foul and disgusting language to him, and the first opportunity that offered she robbed him and left her home. While Howard's father was making this painful state ment, the priooner who had conducted herself all through the inquiry with the greatest effrontery, burst out laugh ing, and seemed to treat the whole affair as a joke. The Lord Mayor asked what was known of the prisoner Connor. The constable replied that her parente were decent people, residing in Foster's-court. Whitecross-street, but she had conducted herself in such a manner that they would not take any trouble about her. The mother of the other prisoner, Hy►ms, a respectable looking person, then 'tried that her daughter bad beh►ved in such a manner that she could do nothing with her; and although of such tender years she frequently went away from home, and she saw nothing of her for a week at a time. If she did try to work her companions fetched her away ; and she implored the court to place her in some in stitution where she might have an opportunity of reform ing her evil habits. The Lord Mayor inquired how old the prisoner was. The mother replied that she was twelve years old last month. The Lord Mayor, after conferring with Mr. Oke, the chief clerk, told the mother that if ho sent her child to • reformatory, she must understand that it would be to a school where the Christian religion was taught. He un derstood she was a Jewess, and he therefore wished to know whether she objected to her child being sent to such an institution. The mother said she would rather see her child go to • Christian school than run headlong to ruin and destruction as the was doing at present. The Loral Mayor then said that the only course he consi dered it his duty to take was to sentence the prisoner Howard to three months' hard labour as a rogue and va gabond, and he remanded the two younger prisoners for a week, in order that some steps might be taken to get them into • reformatory school. SHOCKING CRVZLTY TO • CHILD,—A shocking dory comes to us from Hereford about an idiot boy named Johnny Herds, who was said to have been found dead on • bit of straw in a cellar, owing to the gross cruelty with which he had been treated. An inquest was held upon the body, at which witnesses deposed that the toor boy had not bad a shirt washed for twelve months, and that be had been seen in a cold cellar almost naked, having on but a thin pair of trousers and an old jacket. Bread was given to him here by some women, which he ate ravenonaly, and Mrs. Brookes, a witness, said, in her opinion, he was not an idiot, for he had told her that his " aunty" (step mother) would beat him if she knew he received anything. Mrs. Parry and Mrs. Wall said they found the poor crea ture crouched up in a cupboard at the top of the house, with his face to the wall, and saw his sister Ann strike him twice till he reeled again and they found Mrs. Herds drunk downstairs. They tried to take the boy away, but he ran frightened from his stepmother under an arch way in a dark cellar. He then had no shirt to his back nor stockings on his feet, and his breast and neck were a mass of sores and bruises. She went to the police station for the police, but by the time the officers arrived he had been washed and a shirt put on him. Miss Newman had heard blows, and bad heard him cry out frequently, " Oh, don't, aunty, don't." Mr. Williams saw the boy kicked down the shop into the cellar. Mrs. Jane Morris had seen him naked in cold weather excepting his trousers, and had seen him fre quently beaten. The idiot's own brother and sister used to beat him unmercifully. Miss Lswford had frequently heard fearful screams, and seen him beaten with faggot sticks. Dr. Lingen, who made a post-nortem examination, said he had found the body pallid and emaciated. There were many abrasions and scratches, numerous about the elbows, wrists, and shoulders, burns and marks about the loins and right temple ; inside the body there was no fat, the muscles were pale and thin, and the stomach was empty. He believed death was occasioned by congestion of the brain caused by exposure to cold and absence of food. The ittu returned a verdict that " Doomed died from congestion of the brain by exposure to cold, and that be had been treated with great neglect, harshness, and cruelty by his mother-in-law, Mrs. Herds, his brother, Thomas Suds, and his sister, Ann Herds." The deceased child was, it is said, heir to considerable property in Hereford. _ _ COLLIEION ON THE BLYTH AND TYNE RAILWAY. An accident of a serious character occurred on Thursday afternoon on the Myth and Tyne Railway, near to the Backworth station, by which air or seven persons were injured, one or two seriously. We have not been able to ascertain definitely whether the collision took place through the negligence of any of the cowpony's servants— official information being refused—but so far as can be gathered from the different accounts given, it would ap pear that the casualty was partly due to the slippery state of the metals, and the consequent non-action of the breaks. One of the statements furnished us is to the following effect :—The train from Tynemouth to New- castle left the former place at 1.30 p.m., and consisted of three carriages, the guard's van, and the engine. For some reason the engine was coupled behind the carriages, and " pushed" them on the line. When nearing the Bsckworth station, and coming down the incline on the Tynemouth side, which is about one in • hundred, the driver and guard of the passenger train perceived an engine shunting on to • tiding. The distance between the two trains was then about 15 yards, and the breaks were apried, but were perfectly useless to prevent the collision which ensued. The first carriage —a third clam—being nearest the approaching engine was nook damaged. The engine had been (employed ' piczliX e ' the meow on the line ; but why it was not shunparticu larly as at the time of the co ll ision the Newcastle was very late, we are not aware. Those passengers who were only sligtly d injured were taken to Newcastle, and at once at tende to. IROM LAST NIGHTS GAZETTE. [NAMES 07 SOLICITORS AND ;man sArrictrun TO IS OBTAINED AT THE °MCI OF TUN 01173 ILMOISTRAR, 00ORT Ol suumuncrr. zumrcesALL-erzate.] RANIERI:TM " " EMERY 811100, Waterloo.teiTZZ Commercial-road East, cheese monger, to surrender Jan. 30, al 1. STDMIT DYNZ, South Norwood, consenter, Jan. 30, at I. JAMBS WOoTTON and Bann WOOTTON, Rllgay, Norfolk, farmers, Jan. 28, at 12. CHABLIS Marrums, llitchln, Herta, chemist, Jan. 30, at 11. WILLIAM GANNAWAY, Southampton, victualler, Jan. 30, at 11. Joni RITCHCOCI CH u 88, Belgravestreet, Commercial-road Re►t, bander. Jan. 30, at 11. JOHN TRONA.' SAVES! WILMA, West Cowes, Ida of Wight, auctioneer, Jan. 30, at 11. JAXES DAGLISH, Providence-row, Plmbury, and BrownloW-road, Dalton, furniture dealer, Jan. 30, at 12. DANTIL SIBIeoN, Grange-rd., Bermondsey, plumber, Jan.3o. at 12. RDWAILD KAYE, Si, Jaime-street, Islington, attorney, Jan. SO, at II HINT Flints, Abingdon, Berk,, Innkeeper , Jan. 30, at 1. WILLIAM TISKINGTON, Harlington-grove, 4Hngtou, gentleman's servant, Jan. 30, at 1. THOMAS FAO'S ATKINSON, Brompton.rd.,lronmonger.Jan 20,at 2. EDWARD PAlritir SPRICIR, Cherry-tree-court, Aldersgste.street, bookbinder, Jan. 30, at 2. MAURICE BIZIANDI BOLOMONS, Stafford-stnet and Albemarle. street, Piccadilly, commission merchant, Jan. 30, at 2. WILLIAM Muni HATT, York-terrace, Camberwell, late °offse house keeper, Jan. 31, at IL JOHN CHABLIS SCULLAILD, Rochester, victualler, Jan. 31, at I. ELIZABETH ANN LONDON, Fulham, widow, Jan. 31, at 1. BINJAXIII ABBOTT, Jun., Edmonton, bay dealer, Jan. SI, at I. JOSZPH CLAYTON. Jun Strand, newspaper agent, Jan. 31, at 1. JOHN ANIUM.I., Duke-street, Smithfield, mandactuaing perfumer, Jan. 81, at 1. /AXIS DOLLING, Edgware-road, bookseller, Jan. 31, at 2. FINNISH'S PLITCRO, Woodatockroad, Poplar, master mariner, Feb. 4, at 2, JOHN 011011011 MOODY, Manchester-street, Manchester-mown, draper's assistant, Feb. 4, at 2. CHIUSTOTHin Maur, Sussex-terrace, Barnsbury, cab driver, Feb. 4, at It JOHN FAuLIIIIII 3IITHIEW3, Reigate, surveyor, Feb. 4, at 1. WILLIAM RING NAB% Tolveraltystreet, Totteollant.conriroila, BOWS decorator, Feb. 4, at 1. NLTHANTZL PHILLIPS, Claremont-square, Pentenvllle, late mer chant, Feb. 4, at t. JAMBS CHaIIITOPHILE WRIST, Nutfield, Surrey, baker, Feb o,at 11. THOMAS ANDRZWB, Charlotte-place, Upper Kenningtun-lane, bootmaker, Feb. 6. at It. ITIPHIN VOADtal, Charlton. Kent, beershop keeper, Feb C, at 12. THOMAS MrLsoll, Westbromwich, coach spring manufacturer, Jan. IS, at It JAZlNFL 4 Hlta,Weatbronowich.gastilbemanufacturer,Jan.Viatlt. THoMAS INARDMOIX Loogtou, Mallordshire, earthenware via nufacturer, Feb. 1, at 12. Lap. BH_A_EPI, Heref o rd, Wiper, Feb. 1, at 12. WILLIAM BoBIM, Birmingham, hunker, Jan. 30, at 10_ WALT 33 Winn, Bpaiding, Linealash ,coacbliefider,Jan./9,at 11. JOSIAH SBIPHIRD, Lenten, Nottinghamshire, late lace manu facturer, Jan. 29, at 11. PRZDIMICIL 1103111 . CILCITHILL, Limpley Stoke, Wiltshire, at torney, Jan. 30, at 11. SAMUEL Common, Plymouth, printer Jan. 23, at 124. Josunt NAVE!, Leeds, nurseryman, Jan. 28, at 11. WILLIAM Bust, Think, Yorkshire, grocer, Jan. 31, at 11. 111011A8 CALDICHrT, lan. , Liierpool, bookkeeper, Jan. 29, at 11. BDWARD WILLIAMS f nil, Liverpool, commission merchant, Jan. 29, at 11. Salim HAYWARD 11 , 11131, Egremont, Cheshire, gentleman, ...Feb. 2, at 11. WMILLVicin non, Manchester and Liverpool. merchant, Jan. 2s, at 12. KARIM CARTWRIGHT, Manchester Jan. 29, RA It. JARS Kama, Jun., .nrruw, - rams, LnuaWre, draper, Feb. 1 at IL . . _ _ Jona wanunt, Andenshaw, Lancashire, =unwire manufac turer, Jan. In, at 11. Beembeter, Doreetthlre, journeyman whiteanith, Feb. 0. et 1. painter, Jan. M, at 11. JOHNRIMIRTCARTIRERRNET,Swanses.attOPOOYS clerk,Feb.6,att JOHN Dammam, Woodbridge, Suffolk, accountant, Feb. 2, at 11. WILLIAM WILLET, Stanhope, Durhiun. contractor, Jan. 31, at 10. JAW= OWIWOVD UTTLET, Manchester, commission agent, JUL ID, Joint Wanog Ftneo9olt, Manchester, linen yarn agent, Jan. 29, at 94. JOIN DUNN, Crowan, Cornwall, grocer, Jan. 28, at 10. JOSEPH STKiS, Tadcaater, Yorkshire, late buticeeperjan.n,allo. Ottoltela Tanks, Wellirgton. Shropshire, providon dealer, Feb. 8, at 11. Onoanz THOMAS Tame, Bristol, saclike, Feb. 1. at 12. Alatiael'uonali, Bristol, milkman, Feb. I,st 12. THOMAS SPRACH, Kingston.upon-ilull. labourer, Jan. 30, at 11. EDWARD Tarim, Liverpool, commission agent, Jan. 30, at 3. JoHN IfORROCKS, Livemool, commission merchant, Jan. 29, at JOSEPH MOTTRAM, goelesileld. quarry owner. Jan. 31, at 1. Saloom. Gneiss Akuts, Sheffield, hosier, Feb. 6, at 1. Xnwatto Britgb, Oldham, lath render, Jan. 30, at 12. RALPH JOHNSON, Cormdon, Durham, Innkeeper, Jan. 90, at 12. Turmas ClVRClwAßD,Torquay,Devonah.,oarprater,Jaa.2o,stl l. GROROR PICKDOORN, Arnold, Nottbighanish., farmer. Feb. 6, at 11. JOSEPH Corsigs, Nottingham, printer's engineer, Feb. 6, at 11. Joslyn Slloo£lo2, Farlshenton,Yorksh., mung.. dealer,Feb.l,at It JANIM K rNO Rtios, Wellingborough. brickniaker, Jan. 30, at 11. JAILS NUTTALL, Chester, publican, Jan. 29, at It JAWS LU LAWitatica,Marlos,Waroricksh .butcher,Jan.%),atll. ANDRIW ECKHART, Horsham, Monti, watchmaker, Jan. 30,at 11. THOMAS lirmT,East DeamOloucestersh.. hoikeeper,Jan.29,at 12. Gnolinz Vitamin, Monk's Coppenhall, Ches hire , innkeeper, Feb. 11, at 11. BAIIILIIIIPTCI BA 41.8fLirLLED. Jan. IC WILLIAM ELYRIA, camomile-street, Mahopegatestreet, process server. Jac. 12. El4l - 16 lemma), Manchester. yarn agent. Dec. 27. Mamas Past:lo7On WILDING and Joan! Lawson 821uctutt, Preston, Lukcadthe, cotton *lnners DECLARATIONS OF DIVIDENDS. WILLIAM JO , IIL'A YTZNNELL, Moreton-place, WATWICR-AQUAND, inspector of fisheries for Kagland—ad dividend of is. lied., Jan. 23, and subsequent Wednesday, at Porkpie, itasinghall street ROBERT HRIMMOND LAIRD, Cannon-stmt West, engineer—lst dividend of is. id., Jan. 23, and subsequent Wednesday, at Parkyite, flaidnghalistreet. CHAKLIS BRALL, Maidenhead. Berkshire. ironmonger —lit divi dend of ta fel., Jan. 214, and subsequent Wednesday, at Par kyns% Basinghalfstreet. .10•NPII WOolo, Walsall, saddler's ironmonger —lit dividend of Is. CI., any Thursday. nt K innear's, Birmingham. Jong DRINISCR LYON, Birmingham. professor of musk—let dhi. demi of 41,1, any Thursday. at Kinnear's. Birmingham . R. C. Willson, Liverpool. leather dealer—lst dividend of ls. any Wednesday, at Turner's. Liverpool. J. F. HARTMANN, Liverpool, nierehant—lst dividend of 6d, any Wednesday, at Turner's, Liverpool. %VMS Jonski, Coed Tale& Lianertyl, farmer—lit dividend of GI , any Wednesday, at Turner's, Liverpool. JAMIN IMosaiti. Liverpool, victualler—lst dividend of is., any Wednesday, at Turner's, Liverpsd. 84mckt HZCZWITM, lAVerpool, hide broker—god dividend of Sloths of ld. , any Wednesday, at Turner's, Liverpool ABRAHAM HAWORTH, ilcimsbore, Lancashire, cotton spicner— let dividend of la. 4d., Jan. Rif, and any subsequent Tuesday, at Morgan's, Manchester. DIVIDEND& Feb. a. S. Riggs, Reading, builder—Feb. C. J. J. Darken. Holt, Norfolk, builder—Feb. 7. J. Lewis. Carmarthen, painter—Feb. 7. W. Davies, Carmarthen, draper—Jan. :10. D. R. N. Sleep, Exeter, hardwareman—Jan. 30. A. Carmichael, Exeter, merchant—Feb. 7. W. Rudd, Jun., Redraw, Yorkshire, Innkeeper—Feb. 7. W. Fulton, Skipton, Yorkshire, grooer—Jan. 29. .1. W. Pollard, Liverpool, slater—Jan. 79. T. S. Nesse, (Ruston, near Liverpool. landing waiter—Jan. SO. M. Corchlno, Manchester, and Long sight, near Manchester, commission merchant—Feb. 1. H. Win terbottom, 31am:heater, ap..thecary- Feb. I. W. Shaw, Oldham, tailor—Feb. 1. T. Kershaw, small Brook Shaw, near Oldham, stonemason—Feb. I. A. Moores, Oldham, cotton salesman. PARTNERSHIPS DISSOLVED. .—• • . . J. Rattray and J. 11;611. Manchester, patintees of water proof casements—C. Nicholson and C. Wilson, St. Panrschurob yard, warehousemen—H. Robinson and J. Robinson, Walton upou.Thames, cordwainers—W.Rom and W. J. Gardner, Stroud, painters—T. crockford and A. H. Bulkeley, Maidenhead and Kiln Green, Berkshire, ironfounders—M. Phifips, J. W. Philips, Sir G. IL Philips, Bart., R. N. Philips, and J. Chadwick, Man chester, and elsewhere, smallware manufacturers, so far as re gards Sir 0. R. Philips—C. Stuckey and H. J. Phipps, Conduit, auctioneers—F. D. Turner and W. A. Uoodison, Sheffield, cut lery merchants—J. R. IL Godfrey and M. G. Glasebrook, London.dreet, Ferichurch-street —T. White, C. W. White, and. C. II White. Phllpol.lane, City, tea hrokers, so far as regards T. White—Hannah Laycock. W. Laycock, and T. layoock, Leeds, auctioneers, so far as regards Hannah Laycock—J. Pye and J. A. Haley, Penfon.street, Pentane - Monad, manufacturers of artifi cial flowers—R. W. Thompson and R. L Danford, Newcastle upon-Tyne, bonded store dealers—W. Pope, J. Pope, and D. S. Recknell, Ilarp.htne, Great Towerutreet, lightermen—Mary Eliza Wilson and Sarah Elizabeth Croft, Wakefleld, proprietors of a ladies' boarding itchnol—T. Collier and E. °Dickstein, Bris tol. brewers—T. H. French and K Denton, Manchester, account ants—T. Bew and Y. R. HID. York, wholesale and retail grocers —J. Westmorland and A. Stewart, Ilinting.lane, merchants-- J. Abbott and A. Ash, Anindelzfrect, Strand, wine merchants— E. Mansell and G. A. Elliott, Delgrareaquare, Middlesex. auc tioneers—B. H. Harrison andJ. Moore, Birkenhead, imortiongers —P. Taylor and S. Peacock, Alexandria and Liverpool, mer chants—G. Ward and N. C. Nicholson, Sheffield, sprlng.knlfe mannfacturers—A. boast, W. Weishaupt, 11. W. Segelske. and A. W Deichmann, Crosby-square, City, and Cologne, merchants, at far as reavds A. Joest-191. Sumner, E. G. Lister, and H. Haigh, H ndield. ale merchants, so far as regards H. Halide- -0 Wood, FAlnhargh, music seller, so far as regards Ma con nexion with the firm of Wood and Company, Aberdeen—H. Ilickn, so faro regards his connexion with the Ann of Dymes and Cu., Madras. 800TCH WILLIAM Mums, Chapel of Refloat, Aberdeenshire, cattle dealer, Jan. Et, at the Royal Hotel, Aberdeen. ROIIIKT THOINTOII. Edinburgh, civil engineer, Jan. 15, at Dunell'a Room, Edinburgh. 'THE STANDING ORDERS ON PRIVATE BILLS.— ' Melon. Frere and Palgrave, the examiners appointed to inquire into the standing order requirements of the House of Commons, commenced their sittings yesterday. The following bills were unopposed :—Metropolitan Life Assur ance Society, Forth and Clyde Junction and Caledonian Railway Companies, Skipton and Wharfdale Railway, Button, Southwates and Drypool Gas; Ipswich Fishery, Winstead Level Drainage, Wolverhampton and Waled Railway, Kidderminster Gas, Scarborough Gas, Brecon and Merthyr Tydfil Junction Railway, West Cork Rail way, Lombard-street Improvement, and Southport Water works. The following opposed cases were then pro ceeded with—namely, the Glasgow (City) Union Railway, by the North British 1:iil:y, and the Shef- Zrcr opposed (new works), o pposed by Messrs. John Williams and Charles John Han k y. Of the " second hundred " bills appointed to come before the examicers, memorials hove only been presented against the following, complaining of non-compliance with the standing orders : —London and North Western Railway (Cockermouth and Workington Railway Transfer Act, 1866) ; Hydraulic Power, Midland and South Western Junction Railway, Cork Reclamation, Waterford end Wexford Railway and Ratielare Harbour, Liverpool Tramways, Cambridge Gas, Great Eastern Railway, London and North Western Rail way (Buxton, Chapel-en-le-Frith, and Sheffield Railway) ; Airdrie, Coatbridge, and Witham Junction Railway, Sun derland Extension and Improvement, and the Gillingham, Brampton, and Rainhana Consumers' Gas. Galignani's Messenger of yesterday contains the following :—" The London journals of Wednesday—both morning and evening —have failed to reach us up to the hour of going to preen ; the line of rails between Ca= and Paris Wog (as we are informed) blocked up with snow to such ea extent as to necessitate the return of the mail train, whisk led proceeded some distance, to Calais. MARKET& SUGAR. —Ber,voL, JAN. 18.—The demand cominnts very active, end prices are about le. dearer. TALLOW.—PamgY Eriamwo.—The tallow market re. mains in a very inactive state so far as speculative LlWitury is concerned ; on the spot, however, there is a good t ra d e demand. Our quotation.' are :—Spot, 445. new Y.C. - March, 445. 3d.; April to June, 445. to 445. 3d. ; Octob v ; to December, 454. There is no change in town tallow 445. net ash. At auction, of 340 casks offered 190 sold: Australian beef, 436. &L ; South American, 455. first pipe., yellow, 435. 6d. to 44a. Delivery to last evening, 1,473 casks; arrivals, 825 casks. Cocoanut oil is paint ; Cachja 50s. • Ceylon 512. • sydw7,4fs. to 4 5 .., Middlins tofu Palm o il and : h. declined ; fine Lagoa is quoted 40s. 10iL ; palm nut oil, 41s. COT'T'ON.—Licsarom., JAN. 17, Evzirmus.—The de. wand for cotton in the early part of the week was almost entirely confined to the supply of the immediate wants of the trade, and prices consequently gave way a little. Yesterday and to-day the business has been more general, exporters and speculators buying to some extent. Priors have hardened, and close with only a slight decline from last week'szoLations. New York advices to the 16th in s t. quote mid ' at 35 cents, mating to sell in Liverp oo l 1544. per lb. Island is freely offered at last week's rates, but is in good request. In American a decline Ina submitted to of fully id. per lb. on Monday and Tuesday, but considerable sales have since been made, and pris e; close id. in the middling and id. in the lower qualities below Thursday's Etc n e j e l i. The demand for Brazil has heel limited, but there no general pressure to sell quote. hone are reduced only d. to id. per lb. Baptian is freely offered and irregular, at a decline of about id. to id. per lb. Smyrna barely supports former rates. Early in the week the trarmactions in East India were exoßedingly limited, and enabled buyers to make purchases at a reduction of fully Ad. in Buret, and Ad. to id. in Bengal and Beinde. Subsequently there has been more doing, and prices have recovered about id., but still show an average decline of about id. on Burst and id. on Bengal and !kinde compared with last week's rates. Speculators have taken during the week 2,810 bales ; exporters, 7,560 bales ; and the trade, 27,200 bales. FRIDAY, JAIL 18.—We have bade fair de- mand today and a very daddy market at previous rates, The sales are 8,000 bales, of which 1,500 are for export and speculation. The following are the official quotations : Fair Orleans., 17d. ; middling, Iliad. ; fair Mobile, 16rd. ; middling, 14jd. ; fair us, 160. ; middling, 141 d. COTTON GOODS.—llastomernen, JAN. 18.—From the offers in the shipping yarn market it is believed theta considerable amount of business might have been den Or day, but spinners have been sang rather higher rates. This has checked business, and the market has ben rather quiet. The business in home trade yarns has she been quiet. There had been some little improvement is the tone of this portion of the market on Wednesday and yesterday, but it appears to have been hardly maintained I to-day. There is no new feature in the cloth market since Tuesday; if anything it was influenced rather for the worse by the early telegrams this morning from the Liver pool cotton market. There has been some inquiry and a little business, but the offers generally have been at the lowest rates, and at a most ruinotui male for manufac turers, but even at these terms buyers do not seem dis posed to operate except for small quantities. Indeed the business in cloths to-day has been entirely of a retail character. A telegram from Liverpool announces that the Cotton Broken' Association have passed their resolutions with respect to payments for oaten. It will be recollected that the cotton broken put forth a correspondence on this subject. The proposal, with moms modifications, was agreed to by the Cotter; Spinners' Association, and by the trade. The recommen. dation sa pared to-day by the brokers is Payments in cash within ten days, leas 1 j per cent. discount, and that I interest at the rate of 5 per cent. per annum be charged 1" allowed when the payment is made before, or after, the due date of invoice." There are several exceptional and other features of the market worthy of note at the present moment. One of them is the insufficiency of coal, owing to the long-continued frost, to keep all the indus trial establishment.; at work. Not only have some cotton factories and machine shops had to stand for want of coal, but it has been doubtful if some of the trains on on of our principal railways would not have to be dimentinued. This, of muse, is partly due to the freezing of canals, and to the strikes of colliers and other causes. Coals are always a heavy item of expense to millowners, and the fact that Dome of them are now obliged to pay greatly enhanced prices for fuel and oil is one to which serious consideration fa due in estimating the difficulties to which manufacturen and spinners are subjected at the present date, when many of them owing to the high price of cotton, and the languid demand for cotton goods are losing from lid. to 20. per lb. on every pound of cloth they sell. The loss at present is mostly on the spinning, and hence those who Ppurchase their yarns and manufacture cloth only, are osing lees than those who are winners only. There is nothing like a general attempt to reduce the wages of ope ratives. The cost of making a 71b. T cloth, including cot ton and everything, is 19d. or 20d. per lb. The cost in wages will be about 2id. per lb., and hence the relief to the manufacturer to be gained by a reduction in this item of 2jd. by 11 per cent. is too inconsiderable to demand much attention. The oscillations in the price of cotton, amounting not unfrequently to 2d. or :id. per lb. in a few weeks, are much more serious and perplexing affair. Another new (and manufacturers would be too glad to believe it exceptional) feature of the trade is the import of Belgian cloth into this market. There are some not inconsiderable lots of cloth made in Belgium in the ware houses of Manchester merchants at the present moment. They are of the class of goods called heavy domestics, and which enter into the home consumption of the country. Whether they can be made at a price (the quality is good enough) to enter into permanent competition with our own manufacturers remains to be seen. CORN.—CRILIWIFORD, JAL 18.—There was a moderate supply of wheat shown to-day, and the high prices asked by farmers, coupled with the difficulty of transit of corn, chocked business ; where sales were effected Is. minim was paid. Barley without change for best runs ; sewn. deep rather lower. Beans firm at late rates; stied! supply. Average wheat, 65e. 9d. ; barley, 495. Id. ; oats, 275. LiNcout, JAN. 18.—We have had a good supply of wheat, and last week's prices were fully supported. Barley rather easier to buy, but not quotably lower. Wheat. red. Ns. to Ma. ; white, 70s. Barley, 34a to 55a. Oats, 25e. to 35e. LrrearooL, JAN. 18.—We had only a limited attandanes at our market to-day, and both wheat and flour were is moderate eoneumptive request at the extreme rates of Tuesday. There is so little fedi= corn offering, that holders obtained an advance of fully 6d. per qr. Bears slightly easier. Oatmeal steady. Oats in fair request, at full rates. WAKF?IZLD„ Jan. I&—Wheat trade quiet at last Fri. days prices. Fiat barley rather dearer. Average for the week ending Jan. 14: Wheat, 3,274 qrs., at 6'9. 11d. ; barley, 240 qrs., at 38a. 94d.; oats, 130 qrs., at 2t a. COALS.—Lonnote, J. 18.—Buddles West Hartley, 18s. 3d. • Holywell Main, 203. ; West Hartley, 18s. 3d. ; Walla Elul Acorn Close, 255. ; Walls End 1111114)(1, 21,.3d. ; Walls End Riddell, itte. ; Walls End Wharneliffe, 2 1 1. Walls End Haswell 285.; Walls End Pittington. 221.; Walls End East lir:rtlepool, 275. 6d. ; Walls End Thorw ley, 26e. ; Branoepeth Cannel, 186.--Bhipe at market, 2.5; add, 23. TRAFFIC RETURNS. RAILWAYS. Mlles • Pas- Mei , Total. Tont ,pen. 'engem ehasettes. lOW 1,41 . Week ending Nov. IS. E E € L East Indian nut is,ser 30.442 64.332 WA; Week ending Jen. 11. 1867. 120. West Cork l7l 28 24 62 Du BANAT% DICLICIOI7II RICVALENTA AROMA FOOD COMB dyspepsia, indigestion, palet cousthine, consuraptiu. deb lty, oostipetioa, diarrhoea. then, nervous, W 1"... Beer, end stomach coneplaluts. Cure No. 68,41&—" tome. Jal 1906.—The health of the Holy Father is excellent, esperal Inc., abandoning all other remedies, he has congaed Inod entirely to Du Barry's Food, and hie Holiness cannot pre 9 s this excellent food too highly."—Gasetto an Midi. Ins bur 0 . Co., No. 77, Regent street , London, W. In tins. at Is. Litt, is 9d. 121ba, 406.--(Adwetionenall BIRTHS, MARRIAGES, AND DEATHS. BIRTHS.. DlXON.—January 16, at wife of Sir. W. Pls..", an., of a daughter. GRAY.—January 16, at the Manor-house, Binhopidoke. the *Ur of A. Gray. Fag., of a gen. PENSON.—January 16. at 'raven-house, Ilighiratoread. the ale of W. C. Paxson, FAq., of a sou. ROBBlNS.—January' 16, at St. Peter's Parsonage, Ken-dogbe park-road. the wife of the Rev. J. Robbins, M.A., of a son ROBINSON. —January 16, at Milton, near Gravesend. the ' r i fe rd C. Robinson, Fog., of a daughter. SEA RIK —January It, at Sutton, Surrey, the wife of W. aside, Esq., of a daughter. MARRIAGES. CARRE—KERLINfI.—January 16, at St. Jude's, &dares. 1 1 . M. Ca.rre, Lieutenant R.V., to Annie, daughter of the Istc Keeling, Esq., of Bath. MOAT—DAVIS.--January 17, F. Moat, Fog , Grenoble. Frew!. to Maria Prances, daughter of the late H. Davis, Esq., V Ol. lenburg-square. London. PRICY—TAYLOR.—January 17, at Christchurch, Lancaster gate, by the Very Rev. the Dean of Peterborough. Aur"l Adams, son of R. C. Price, Faq., of Hill-house, Carsbaltoc. to Eliza Lockett, daughter of T. Taylor, Esq., Joinder-terra , . DEATHS. BRACEBRIDGE.—January 16. at Illghbury.place, Islingto ll .A" o . relict of the late J. Bracebridge, Faq., aged 73. BRlNTo3l.—January 17, at Brook-street, tliverenor-square , &inter, F.R.11.. aged 43. CLARK.—January 17, at Perry-rise, Forest-11111, O. F. Clark. Fri • aged 30. CIIATTERLEV.--January 16, at Montague-place, Claphant.b 44 . J. Chatterley, Req.. aged 32. MAVOR.—January 16, at Inverneetterrace, Bayswater. the daughter of the late W. Mayor, Faq. WILLI 410014.—Janomy 16, at City-road, I. Willlatsaon, Em aged W. - Printed and Published by WILLIAM X IWO HAUL% e< No Lombardetreet, in the City of London, Printer, et Oillos, is Loobardetreet. in the Precinct of %Ueda's-. ILSPUIDAY, fax en= 19. 1147. ri