The Express. — London, England, 1854-01-16 00:00:00

co mpany with her most part of the day and of the eight; towards the eseraing of the fifth day she was 104 sight of by the Siena Nevada, steering inshore for her port, where she arrived on the morning of Its. 13. her passenger. crossing the Nicaragua route at San Juan de; Sud, arriving at Grey Town, Mosquito, on the morning of the 16th, and embarked in the .%merican steamers Northern Light for New y a k, and Penfero for Ne w Orleans; on the same day they reached Grey Town. the Illinois, and United State., steamen, waiting for the mails from California, of Dec. 1, and passen gers, were to leave Colon, Navy Bay on the evening of Dec. 23, with or without the mails, for their re spective ports in the United States. The Isthmus is quite healthy, with rather dry weathtr ; so also is Grey Town and the Spanish Main. Date of Mails; Panama, Dec. 23; Colon, Navy Bay, Dee. 24; Santa Martha, Dec. 23 ; Carthagena, Dec. 26. ('argo from Santa Martha, 413 bales Peruvian bark ; specie from the Pacific, 730,000 dollars ; ditto from Carrhagena, 45,000 dollars. Ih‘e. 26.—Her Majesty's brig Espie4le called off Carthagena, from Grey Town, on her way to Port Royal. the Cumberland, 72, bearing the 2,4 of Sir Geo. Seymour, was at Barbadoes on 27th December, and wu to sail for Jamaica the next morning. The Calypso, 18, sailed from Barbadoes for St. Domingo no the '26th I)eoember, to protect British interests. Nlegara, steam troop-ship, conveying troops from the Windward Islands to Barbados., where they are to he concentrated. The Devastation to sail from Bar /*does for Jamaica, calling at La Guayra on her way. The Imaum, stationary guard-ship, was at Jamaica. Daring, on the coast of Central America. Ships all healthy. Mr. Ho ff man, paymaster of the Daring, died at Jamaica Hospital, of yellow fever, on the 20th October, Mr. C. I. Evans, clerk in Admiral's-office, promoted in his vacancy. he following letter has been addressed to Captain Jellieoe, commander of the Solent : TO CAPTAIN JOHN JOLLICOI. Oil the Lizard, Jan. IS, Sir,—Before separating pc= on board the Royal Mail steam packet Solent on her second voyage from St. Thomas to Southampton, allow us to return you our thanks for your kind attention to our comforts and your gentlemanly urbanity during the passage, and to expresa our entire satis faction with the conduit of the officers and all under your command. The tahle has been amply and well supplied, the attendance excellent, and the ship, although heavily laden with coal when we first started, has shown herself an excellent vessel, very easy, end withal fast, bar engines working so smoothly sa to be scarcely felt. Wishing you every success, long life, and happiness, we remain, Your very faithful servants, (Signed by all the passengers.) AUSTRALIAN ITEMS. -..- The following, says the North British Mail, are a fear disjointed entracte from letters from • young tireesoek gentleman, *titre long a•d interesting &moult of his voyage to Australia, and Ant settlement there, we published some ninths ago. They are addressed to his brother Geelong, Sept. 1, 18.53. I am decidedly against soy party bereanvisieg persons in the old country to come out. In fact, both in America and in Australia, I bate gone so far as to say that I would ailsim any to come from home, even wen I positively certain they would better tbeir condition. But, on thinking OM this matter seriously, and feeling, as I do, so very on harpy at the idea of not seeing one another till I rake my fortune (which may be) I think it my duty, honestly sad plainly, to tall you of my experiences here, and my opinion of this country as a permanent home. I Modest in Melbourne with 174 , and, on hearing of the coaditios of NOW folks them, was prepared to do any thing. I *sod not particularise; one was making roads, another was a llghterman, one driving • bullock dray, and a fourth sick and his money nearly all gone, ifte., ike. I believe I would ultimately have been perfectly maeceasful M Melbourne bed I stayed there, but not nearly . so comfort able as here ; but at one time 1 would have given a good deal to have been home. Mr. has been my best :fiend. He insisted on my coming here ; took me , for three weeks to his own house, although his wife was sick; got me • soustion, where have kept myself and learned more besieges in two months than many get here in two years; tool me from thence to his own °Mee, made roe his cashier and book.keeper at 1110 s. a week for • commencement, with • rim in prwpecties after a while, if ail goes favourable. lam extremely com fortable, nothing in the world to trouble me, c sly that my friends are at home and went come here. I have never tried to use money, nor can l—it goes against my very nature ; but you have bad very good groats that we are doing prey lair. The fact is, three founts of the people who come here expect to o much, are couseejuently disappointed, and, on the spur of the moment, write home nonseum. Look at (a man from Scollsad). Ile came down here frost - a bourne one 'tight. 1 waited the boot fur him, took Ids Is nice lodginp, sad told has at once 1 world get him a grit situation if he would a give me new. The first three days tea heard of nothing ; he got dim os...ted. and wanted to go is work in oar timberyard, at Ida. a day. I told him he amid do so if he liked. but I would rather pay his board myself lot • week or two, es I knew something would tars op. Ite text day he was engaged to go to Ballarat, to keep a note there, at 41. a week, board and lodgings. Of CVII,III us had , o shove ins word for him, end offered to come smudgy for him to the extent of • few hundred pounds. 'r he feet des that unless something occurs that no one hers expects sr thickset, every one williog and able to attend to bulimia% whatever it is. can do Dot-r-t. here, especially if they bass a friend on whoa they can rely, sod who is able to be e/ use to them. I can actually live cheaper in a house of my own them in lodgings. kor instance, this tort of Ming costs me M. la week, whereas it l was living in a house of my own, the •It would keep LW it slothiug and all, as good plain pew visions are not so very dear; it is the rent, wood, wale; and labour, cooking, and cleaning, make lodgings Lire IM' itspeasive. Just now, austben an crowding to the diggings, MS work is easily got, especially by carpenters, os plasterers, Ike., who can earn easily Km. a day if yid Leadsmen. • •• • As regards the ordinances of religion, we are at IeNS obis to support and willing to enjoy then. What a fla• field is here for • talented minister ; and Is out, you should just come with Tea Is plenty of friends here who will you • welcome warm and true. The voyage is r ; it would Ma cost me a single thought to go bar: forward • doom times. Geelong is really • lovely place, and pectinous to alma t • miracle; whore streets start up like magic, bale row direct steamers to every colonial port but Auelakhe.l The foandationstoos of the Melbourne railroad .1 be laid here is • few dap when we have • general holiday, precosaion, (liana, ball, * kg. I can say little of the climate yet , so far it suits ma. I have but am not so fat now ; constant plodding attention to bu siness has fameght me down • good deal. 1 was agreeably disappeared is the winter (which is now deeming to • glom); I bad imagined that it rained nearly all the time, while there has been very few wet days. Twerthirds of the ulster was most magnificent sunshine, balmy and clear, though eery cold night and morning. I have only had guy °emote on once or twice during the day. Society is much the mine as at home, the majority being Scotch, though they seem to lose their canny•going, sav ing frugal habits. They do spend money, and every on. here is really too extravagant, but I defy you to help it. You come very soon to Imo all proper sense of the Lou. 1,2h1e of money ; " easy come, easy go, plenty mare to be bad," is the motto. The " new chums" nearly all go to the d*trings, u setsl rat rich prises bat* tamed up theft Lively. Goods are ad vancing again. It has been all winter with ms lately ; winter fibs worst kind) at home, winter when I left home, wir.ter when I got here, winter cull, and it will be winter when you get this. Salt, W. per too; whiting, 221. per ton. September 21. The g.:41 fields are yielding largely, business of all kinds thurisbing. wages high, and using moderate, being down ta 1.. and is. 3.1. per 41b. loaf; rents, wood, and water still very high. (iselong is the prettiest town in the risheet country in is world. Melbourne bids fair soon to rival Glasgow ; it ). lag a city indeed, and its wealth is immense. Rents .re high. lam in very c,mfortable lodgings, eggs and salt kirrings for breakfast, lots •r Ameriean beings fur dinner .ind tee, with pies all 'Ol for supper; my lodgings and washing cost about 21. per week. We had a neat day here yesterday: the foundation•stone wa laid (or the railway station. We had a very large pro isssicin, tine dinner, with large refreshment tents free to all, ~and hall, illumination, *c., at night. Basin's' was en .s suspended, while the town was all excitement, bands laying, gum firing, as. ft-NOTTILI DRAM nom THE COLLISION ON TEE V.•IIRN Cul*Sil is HA ILWA.Y.—THETPORD, JAN. 15. A. was anticipated in our report of Friday of this lad oc core ace, Mr. /Munn, the barometer and mathematical in strument maker of Norwich, who sustained such serious intuits in the recent collision on this line, gradually sunk utter them and died in the course of yesterday, making the dub sufferer who perished by this unfortunate occur rstrit. Like the Rev. Mr. Be d. he wu a weenier in the down-tram. Mr. Phillip., of Birmingham, whose injuries are of a eery SiTiOill character, is proceeding favourably. Eduard Duey, a stoker, whose left arm and leg were frac tured, is going on en well as his sad injuries will permit, as ablate the other sufferers. The friends of Mr. Ashcroft, the superintendent of the permanent way, against whom a notable verdict of manslaughter has been returned, Sr. about to apply to a 'judge at chambers to put in the nem* wry bail for his appearance at Norwich, at the amine. trbe Court. WINDSOR, JAN.I4. The dinner party yesterday included the Duchess of Rest, the Ladria-Wastiag to the Duchess, the Baroness do Speth, the Viscount Jocelyn, Major-General Sir George Bomb*, and Mr. Gibbs. TM Bead of the let Life Guard. attended in the Castle en=„illaser, and played the foLowing pieces: oeLwer" Omani@ wad Irstel=we. "Cash& tissasne m Wss of et. kirk" Balks. bra " Lamer ftes s.. " Nebß " la ntedis ti Inane." Weber. Hr Majeates Ideate head afterwards was in attendance, aid peehrmed the filiewiag selection : Oman, " L lndrelks. 'lmailreadleas" Aster. isieellsw. g . Lentselesa Illersofir; Ric, "Semis" aseenanal. Der Ono M Mpselese—Marsek . m The Quee n walked la the grotuads " adjoining the Castle this Prime aseaftgealmentereA ed by Viscount Jocelyn sad tttortiessail it Gimp Bowles went out shooting at hy lard George L. The Prisms Boyal. Pries Alice, and Prince Alfred, took a envier drive le Bleise-park. Major-Osseral Sir Osage Bowles left the Castle this afternoon. Viscount Jocelyn romaine on a visit. The Rev. Dr. Philpott, of Catherine Hall, Cambridge, arrived this afternoon on a visit. Her Majesty and Prince Albert drove out in an open ear rifwe this afternoon. Lord G. Lennox sod Colonel Bouverie attended on hone back. The dinner party this day included the Duchess of Kent, the Lady-la-Waiting to her Royal Highness, the Baroness di Speth, Moment Jocelyn, and the Rev. Dr. Philpott. Tao Mod of Ike Boot. Fusilier Guards attended Whig dimes end *get the following compositions : alemilwUlie—lainheaser Weinie. nekelliew—Dwa how Newsel. Oesellews—aleesi Bronze asiedlwa—lewise =ler W il aisies Private Band afterwards attearrthe Castle mi perfumed the following pieces : Ovens.% "Lemen" Beethoven. near. Bonen* (Op. 31), Violin*, NV* ikii Br" route, Oboe, Clarineno, Ta. O ndi te- 4 4wee m l e tira i ll seA ETirrep Braga. enter. WINDSOR, Jett. 16. The Queen and Pricer, the Prince of Wales, the Princess Royal, Princess Alice, and the Duchess of Kent, the Ladies and Gentlemen of the Court, and the Domestic Household, attended Divine service this morning in the Private Chapel of the Castle. Viscount Jocelyn war also at the service. The H.m. and Bev. 0. Wellesley read the prayer., and the Rev. Dr. Philpott preached the sermon. Despatches were received at the Colonial•offim on Satur day from the Governor of Bermuda. Despatches were sent on Saturday to the Governors of the Cape of Good Hope arid the Mauritius. Oa Thar : t next it is expected another dramatic performance will be given at the Castle, being the fourth of the series t . .0 season. A select and distinguished party will be invited on Wednesday, to remain until the day following the performance, and most of the riaident nobility and gentry in the neighbourhood of Windsor will be honoured with invitations for the evening, including several officers of the garrison of Windsor. MncIsTERL%L Moen( Errs.— Since the Cabinet Conseil held on Thursday last several of the Moisten have left London, but are eipected to re-amemble in town on Tuesday. Lord Palmerston proceeded to his country seat, but the party assembled at Brownell& are to take their departure today, and the noble ♦iscount, with Lndy Pal sermon, comes to his residence in Carlton-gardens either to day or on Tuesday. Lord Granville, Lo►d President, went to Trentham, but returns os Tuesday. Mr. Sidney Herbert proceeded to Wilton House, but also returns to town today or Tuesday. Lord Lansdowne has also left town, return ing to Lansdowne House at the same time with the other members of am Cabinet. The Queen's speech is to be reed by Lord Aber deen at the state banquet, to be 1. even by tie lordship on bleaday, the 30th inst., to a party of memben of the Upper 'novae, comprising all the officers of her Majesty's household that ere peers, the Cabinet Ministers having seats is the Hoes, of Lords, together with the mom and secon dsr of the addreiro. A Privy Council will be held previ ously the same day, at which the Queen's sanction of the Royal Speech will be obtained. RESIGNATION OF SIR R. H. INGLIS, BART., H.P. -4-- OSTORD. SATURDAY. has this day received a con munication from Sir R. H. Inglie, Bart., M.P., announcing ' his resignation as one of the representatives of this Uni. versity. Sir R. H. Inglis was elected in 1829, when he opposed Sir R. Peel, who had resigned his seat in •ousequence of his views on the Catholic question having undergone a change since his election for the University. On that occasion Sir R. Peel offered himself spin as a candidate, but was de. rested, Sir R. H. Inglis polling 7.55 votes and Sir R. Peel 609. Sir R. H. Inglis was reelected without eppoeition at the general elections of 1832, 1833, 1837, and 1841. At the general election in 1847 there was a contest, when Sir It H. leglis polled 1,700 votes, Mr. Gladstone 997, and Mr. Round 824. Again, at the general election in 18.52, the University was contested, when Sir It. H. Inglis polled 1,369 votes, Mr. Gladden. 1,108, and Dr. Marsh•m 768. Thus it will be teen that Sir R. H. Inglis has sat for this U•ieereity for 2+5 yeses—namely, from 1829 to 1854. His loss in Parliament will be severely felt by the Uni versity, especially in the present session, when University Reform is likely to engage the attention of the legislature, for no member was more attached to the academie body, and none resisted with pester perseverance any attempt to '‘ weaken its influence," or "invade its privileges." The right hon. baronet is in his 68th year, and in declining health, which be urges as his reason for withdrawing from the turmoil of political life, for which he feels himself unequal. The Marquis of Blandford, M P. for Woodstock, is spoken of as • candidate on the low church interest, and Mr. Roundel! Palmer, M.P. for Plymouth, sad Deputy High Steward of this University, on the high church side. The Marquis of C►andos and Lord Mahon ate alto named as , probable candidates. The high church party now in Oxford, held a meeting this evening, in Oriel College Common Room, to oensider I what steps should be taken under the present dream ' stances, but the result of that meeting has not yet ben announced. Late in the evening, the Viee•Chaocellor issued a notice that a convocation would be held on Monday, the 16th, at 1 two o'clock, when a letter uddreued to bilis by Sir Robert Mary Inglis, Bark, one of the representatives of this Vat easily, would be read to the house. It is anticipated that the high and low church party will have so matured their arrangements as to be able to an nounce their respective candidates in the coarse of Monday. THE EXPRESS, MONDAY EVENING, JANUARY 16, 1854. MUSIC. - f- MR. AqUILAR'S CHAMBER 001011M8. Oa Saturday evening Mr. Aguilar oommeneed his I annual series of soiries of classical and modern piano forte music, at his residence in Upper Norton-street. We assd scarcely add ours to the general opinion, thee *r. Aguilar b IMO of the most accomplished mnsidnas of t he by the variety • airs se the of his attainments. In in sbonaial be hes distinguished himself by spilisies sal waft'. kr seal orchestra, as wen as by ids sod semsertel piens for the_ptanoforte i the instremset to white he his especially devoted himself; sad he is knows. moreover, as the author of sassy vocal pieces resaiabie for grace, melody, and =pelage. In every km& of his art he has formed his style by a profound study of the great classical masters, and has never sacrificed to the garish and vitiated taste now too prevalent His entertainment of Saturday evening was just what was to be expected from such a„masioian. It consisted of that description of pianoforte music which is adopted for chamber performance. In the first place, he played Cies:lead's Sonata in D. Op. 16; showing great judgment i- bringing forward a work of an illustrious composer whose music is at present too much neglected amid the fashionable novellas of the day. Clementi has been justly ealledthe father of the pianoforte. He was the first to develop its powers ; and the greatest of his sue esmon,aotexcepting Beethoven himeelf,havescknow bdied their obligations to him. Hie characteristics me clearness of design, symmetry of form, the most profound counterpoint without obscurity or confu ' nee, a fine flow of Italian melody, and simplicity god meaning even in his most rapid passages and men brilliant flights of execution. All these quell dal were manifested in the beautiful ammo so Judi eloosly chosen by Mr. Aguilar; and all its beauties were displayed by his masterly performance. He next, along with Janes and Piatti, played his own trio for the pianoforte, violin, and violoncello, which has already been several times heard in public, and of which, therefore, it is sufficient now to say, that all its bold and original effects were realised by a most masterly performance. The third piece was Beethoven's celebrated sonota in E flat, known by the title of "Les adieux, rabeence ' et le retour." It is a deal picture of the sad and agitated parting of two faithful lovers, the sadness of separation, and Ike raptures of a blissful reunion. We have never beard this fine Sonata more exquisitely performed. Mr. Aguilar felt, and made his hearers feel, all the , varieties of emotion painted by the composer. He concluded by giving a charming selection from the " Lieder ohne Worts " of Mendelsohn. The vocal music consisted of Sterndale Bennett's pretty songs, " To Chloe in sickness," and " May slr," sung by . Madame Ferrari; Donizetti's duet, * Ah, se potessi piangere," sung by M. and Madame Ferrari; and Mr. Aguilar's very pretty serenade, The>tars are brightly beaming , sung by M . Fer rari. These pieces were beautifully sung, and gave \n agreeable variety to the entertainment—The sms were crowded to the doors. • ENE DITT AT7i ; opera of The Crusaders, which u our musical readersare awarewas first produced at Drury-lane, when under the ma nagement of Mr. Bunn, has just been brought out at Munich, in a German version, under the direction of the composer. It has had the most brilliant success, and the Munich journal, are unanimous and loud in its ° praise. The opera appears to have been got up with great splendour, and admirably performed; the principal characters being sustained by Herr Hartinger, Herr Kindermana, Madame Helmer and Mad. Diez. This opera has, during the lut five years, been performed at Stuttgardt, Hamburg, and IBreslan, with similar success; and Benedict's own countrymen have confirmed the verdict of the British public. IKELAINI). D v bz.nr, Jam 14. At the hat tine the isesnetic telegraph was put into moths' Isdlay in conveying informa tion kola Union to Dublin. The prices of stash Lesion at two o'clock this day were known at the Dubin Stook Exchange before half- Nat Dublin thee; that is, allowing for the of Sus the news was conveyed from the Leaden Exchange to that of Dublin in 45 or 46 minutes, including time for copying the message and conveying it to and hes the telegraph °Mose. It to expected that a demonstration will be made here in the course of a few days on the Russian and Turkish question. Public opinion in favour of Tur key runs strongly enough, and to give expression to it, it is expected that a public meeting will be held. One of the leading Irish political exiles, who have lately found a home in America, paid a visit to Lon don a few days since. The trip acres the Atlantic was made on a matrimonial errand ; and after spend ing some days in Liverpool with his bride the gentle man in question returned to New York. Deputations from the operatives on strike in Glasgow have visited Belfast and Dublin within the last few days. Mr. H. A. Herbert, M.P., is very . generally . spokea of here as a successor to Mr. Sadism as junior Lord of the Treasury. The last accounts from the residence of Baron _ Pennefather, state that that venerable judge's heath continues to improve steadily. A correspondent of the Evening Mail says:—" I have reason to believe that 20,000 of the Irish militia 'I will be enrolled, the same as the English, at the meeting of parliament. In the Court of Exchepier yesterday a conditional order for a new trial was given in the case of Dow ling v. Lawler. The application was made on the ground that the verdict was against evidence and the weight of evidence. The first and principal issue to be tried was, whether there had been any agreement between Mr. John Sadleir and Daniel Crotty to release the latter from any liability on certain bills in order to induce him to give up the bond on which the plaintiff Dowling was arrested. All the other lianas depended upon this, and counsel for the defen dant argued that there was not a particle of direct evidence to show that such an agreement existed, although the jury found that it did exist. The irrelevancy of some of the testimony admitted on the recent trial was also relied on. An estate in Mayo, belonging to George Clendin ing, a bankrupt, was sold yesterday in the Incum bend Estates Court, and went at a rate equal to 27 years' purchase on the nett rental, although a portion of it consisted of property in the little towns of Westport and Newport. The gross produce of the sale wan 12,4801. The extensive flour mills of Ballyclough, within three miles of Limerick, were destroyed by fire on Thursday night. The buildings were insured a fort night before for 2,6001., in the offices of the Imperial and Manchester Companies, but the property de-, strayed exceeded that value by about 1,0001. more. A Limerick correspondent of Saunders writes thus: FAmixs Pnices.—The last five days apprehension of an outbreak and plunder of provision stores, consequent upon the high prices of all descriptions of food, kept the authori ties, especially the Mayor, in commotion; and the police were on duty each morning escorting bread carts through the streets. The me istral's have applied to the directors of the Limerick cud Ennis Railway Company and the Li merick and Foynes Railway Company, speedily to proceed with the works of the respective lines, in order to give em ployment to the labouring population. THE NEW PLAY FOR THE CIVIL SERVICE• (ream the Oki/ Service Gamier.) ~.. It may be very briefly described. It is proposed, we understand, to appoint • Board of Ezaminers, who should not only examine candidates on their first admission into the public service, but should review the record of con duct kept for each public servant in the several &peri lments ; should tannins the public servants after probation, in order to pronounce upon their fitness for continuance in the service ; should again calming candidates for promotion, ,nd by a continuing aeries of notes should furnish the means of eetimating the character of each public servant in his career (maths subordinates to the highestgmdse thus supplyiag an index to secure the best men for staff appoint ments, or to apportion the pensions of those public servants whom age or infirmity might compel to retire. It will at once be seen how important a department of the public service this Board of Review would become. But by fez the most important innovation on the present system consists in a grand step towards the consolidation of the service, net only in the primary examination, bat in subsequent promotions. It is proposed that clerks should be transferred from one department to another, thus enabling them to enlarge their experithat, and to acquire a 1 round of practical knowledge, which would be highly me th' to may who should ultimately mash the highest ap pointments. This would, of course, at one, get over that source of inefficiency in public tenants which arises from the confinement of each clerk to one department. Although we are not able to speak with great distinct ness of one point, it has evidently not been overlooked. The present deficiency of honorary rewards is noticed, and we ccolect from the character of the scheme that each ser vant would acquire that which we have already so often and so strongly advocated—the equivalent to " rank In the army," that is to say, rank in the service, and not only fan particular department. • LONDON AND BRIGHTON BLILWAL—THI DI TIDLND.—The accounts for the put half-year having been completed and submitted to the Board of Di rectors, they have resolved upon recommending the payment of a dividend for the half-year of 31.45. per cent. upon the consolidated stock of the company, thus making the dividend for the year 1863 amount to 51. per cent. REPORTS OF MINING COMPANIES. OBERNHOF MINES. From the Obernhof Mines, Captain Lenton writes under date, Dec. 24 : In the west end of the Lahn gallery the lode is 2 fed wide, producing 1 ton of lead per fathom. In the east end of this gallery the lode is 16 inches wide, producing Is, ton of lead per fathom . A stops , in the back of this gallery, west of the ladder road close, the lode is 18 inches, pro &min 18 ton of lead per fathom. A mope, east of the ladder road where, the lode is 20 inches wide, producing 2 tons of lead per fathom. Ustns gallery.—No. 1 Willie. We are at present cutting down ground for fixing the lift, which we hope will be so oomphshed by the end of next week. In the No. 2 winse, sinking under this gallery the lode is 10 inches wide, pro ducing 6 cwt. of copper per fathom. In the No. 3 wince sinking below this gallery the lode is 10 inches wide, pro &wisp 18 toe of lead per fathom. In the No. 1 stopes at the back of this gallery the lode is 3 feat wide producing 28 tons of lead per fathom. In the No. 2 steps at the back of this gallery on the Demme lode west of the ladder road wins., the lode is 38 feet wide, producing 2 tons of lead per fathom. In No. 2 mom, on the white rock lode, west el the sense wince, the lode is 18 inches wide, producing lb ton eked per fathom. Bah offer Gallery. A wince sinking in the bottom of this vinery, the lode is 12 inches wide, producing 1 ton of lead per fathom. In No. 1 mope, at the bottom of this gallery, the lode is 3 fest wide, producing 2 tons of lied per fathom. In No. 2 stops, at the bottom of this gallery, the lode is 4 feet wide, prodeeng 38 tons of lead per fathom. In No. 3 Mope, at the bottom of this gallery, the lode is 16 inches wide, producing 1 ton of lead per fathom. In No. 4 stops, at the back of this gallery, the lode is 2 feet wide, producing 2 tons of lead per fathom. Middle Gallery.—The stopes east and west of the ladder road wince, for 120 fathoms in length, the lode will average 18 inches wide, producing 18 ton of lead per fathom. Highway Gallery. Driving as end west in this gal lery the lode is 12 inches wide, producing 11 ton of lead per fathom. Vindea. A stops in the back of the gallery on No. 5 lode, the lode is 2 feet wide, producing lb ton of lead per fathom. A Mop. in the bottom of this gallery, the lode is 3 feet wide producing one ton of lead per fathom. L Mope in the back of the No 3 lode, the lode is 18 inches wide, pro ducing 2 tons of lead per fathom. A wince in the bottom of the deep gallery, the No. 3 lode is interseeted to the south of the slide, and is 18 inches wide, producing 18 ton of lead per fathom. This wins. is draining the water from • vistas snob 10 fathoms west from this point, and at the 41 . • ad 3 fathom, where there is a good lode gone down babe bottom. The new gallery is driven 30 fathoms, and me expect to intersect • lode at the distance of 16 fathoms illem this point. The ground still continues good for Irking, with • beautiful dark kills+, and I think there is every chance of cutting a good lode of lead. The weather is still very severe. The water-wheels and separator are all frozen up. in consequence of which our shaming is greatly fallen off, but the underground depart- Seats are looking exceedingly well. The courses of blade are not reputed in the foregoing LOUISE MINES. From the Louise Minn, Mr. 8. Gray, under date January 8, 1831, writes to Messrs. Browne and Obert, as follows : I have this day been underground in the Dorothea, and have seen, to my very great satisfaction, a beautiful lode of lead and blonde. You will remember when you were last here of having been in a small sink from the bottom of the adit level, in which you saw a lode at that time 4 feet big, with about 3 feet of lead and blende. We have continued in the sinking of this as far as we could without being affected with the water, and from the bottom we have driven a short distance backwards towards the mouth of the edit level, ani have at this time • lode 6 feet big, 6 feet of which is pure lead and blonde (the latter, of course, being much the majority), bat nevertheleu we take out occasion ally atones °ratan silver lead 6 and 7 inches thick. I feel almost convinced that you have not seen • finer lode in Germany. The shaft on the iron lode is completed to the edit level; we shall in the course of one week commence to draw away iron and blende at this point. In the Denise, the lode is also looking very good; we are every day breaking and bringing out very good work for lead and blende in pretty large quantities, but cannot set parate it on account of the bad weather. I hope this will improve shortly. The Weissen shaft is sunk 4 feet. The horse machine is working at its longest stroke, and we can even then scarcely keep out the water. Of the latter we have now a large quan tity, because the wow is melting and letting down to much. GREAT NUGGET VEIN GOLD MINING COMPANY. Relative to the Great Nugget Vein Gold Mining Company, the subjoined further letter of complaint has been received: TO THE IDITOIL OP TES DAILY NEWS. Sir,—The following analysis of the capital account of the Great Nugget Vein Company, issued to their shareholders here, will show the full extent of the profit realised by the holders of the free Sydney shares by the manceuvre of raising capital in England not required for mining pur poses, and, of the amount of English capital accruing to the Sydney shareholders, which must dispel any doubt that may exist as to the character of that proceeding. After the late appropriation of capital, a balance remains in hand of 60,069 i. As.; and as no operations are carried on by the ewmperap, that amount bin the hands of the direc tors, eat k sisal to a further division of 60 per cant. on the amouat tithe shares, leaving a balance for the payment of diremems' use, agents, &c, as under : Ciskei sat+et e6la England £101,9311 15 0 atinelbail In Autralia. 99,219 0 0 £131,057 15 0 /mot agessirlated at Sydney to d 3 . ae 11 lillellan of cap bimd ual ital 80,938 10 0 In es a hathr OnMbution of ct 10a. par ihmasa LI shares, sad M. pm Sam so Ma. MARS 43,092 10 0 Leaving kr awns 8,976 15 131.057 15 0 Joseart already meorterd by the bakes of 81435 free Spiney dame 56,643 6 0 Prepartles_ of Mame In band at 16 , 666 10 lil iaV an ainount of capital awn- 0 kmtethehedersoffree Ounce - Among abeedy received by the Wide c 11,713 Sydney Mane of SS awe ?Tr:of balance In band at r a shers 1,851 6 0 Total amount acctulog to holders of Sydney L 2 Mores --- Amount already received by the holden of 17,6 ten shilling Syd ney shares 1,591 10 0 Proportion of balance in hand at 51 per share Intel amount awning to holdam of 10e. Sydney shores 51.332 16 0 12AS 1 0 8.1A9 0 0 Total mama of capital se. crab* to Sydney thareholders Totak alsountof capital rob- 73,943 0 0 umbud ►J them • 19,219 0 0 Assam mends( to Sydasy &ars bolder, la eases of the amount al aphid subscribed by ties Add bassos for expenses as above 44,726 0 0 Totalllllol2at of deduction from English topital Total amount of capital sub scribed by Engll.le share holders Amount already received by the holders of the 31,333 English slutree Preparation of balance In hand a! the rate of 10e. per ehare 13,667 10 0 5t,702 13 0 101,81$ 15 0 Total amount accruing to En. &A mearsholders ....... .... 30,120 0 0 Loots(' a deficit of English capital as stove of E 51,702 IS 0 By the foregoing it will be seen that the original pro moters of this company aro benefited to the amount of 63,332/. 16s. out of their co-raters' capital, in addition to the 33,333 free shares granted to them, which, under the censtitation of the company, were entitled only to an equal dividend in the event of the mine ceded by them to the company yielding any profits--and not to any portion what ever of the capital which was subscribed for working the mine. If the mine proves utterly profitless they will have secured to themselves the above outrageous sum. I have, unfortunately, to eubscribe myself, A VICTIM. ROYAL COLLEGE OF SURGEONS.—The following gentlemen having undergone the necessary examinations for the diploma were admitted members of the college at the meeting of the court of examiners on the 13th instant : Maus. David Watkin Roberts, Anglesea; Christopher Nugent Spinks, Warrington, Luicashire ; William Augus tus 3oberns, Hon. East India Company's Service, Calcutta ; David Pollock, Coleraine, County Londonderry; Richard Henry Huntley Sankey, Farnham, Surrey ; James Henry Brooks, Heuley-on-Thanus ; ;Richard Nowell Helliwell, Dewsburv, Yorkshire ; Frederick William Sayer, Newport, Isle of Wight, and William Hughes Clarke, Pontardalais, Usually, Carmarthen. At the list meeting of the mune% Mr. John Lisars Users, of Canada (formerly of Edinburgh), was appointed, after a severe competition, a student in Haman and Comparative Anatomy to the collage, in the vacancy owastosed by the retirement of Mr. Sylvester, who, having had an assistant•surgeoney in the lion. East India Company's Service conferred on him by Mr. Plowden, proceeds to the scene of his future labours. ENORMOUS INCREASE IN THE NUMBER OF LONDON DISTRICT POST LITTIRS.-1,230,000 letters IT!through the London district put on Saturday last. the largest number over known, oven upon " VS. lattlao's eq." UNIVERSITY AND CLERICAL. OXFORD, JAN. 14.—Ina convocation holden this morning, the President of Corpus Christi College took the oaths, and was admitted a Pro-Viee.Chancellor. The Rev. John Ormerod, M.A., Bement's , ' College, was also sworn in as a Delegate of Estatee. The Rev. Thomas F. Lee, M.A., Queen's College, Cambridge, and the Rev. broeklesby Davis, M.A., St. Peter's College, Cambridge, were admitted ad maidens. . . . I- na congregation, held at the same time, the following &pees were conferred—Doctor of Divinity : The Rev. William J. Irons, Queen's College. Master of Arts : The Revs. Robert 8. Falcon and Joseph Halides, Queen's Col lege; Rev. James Turnock, Magdalen Hell; John Leach and Rev. F. S. Lea, Brannon College ; Rev. Charles B. Mount, Fellow of Now College ; Rev. Jamie Ridgway, Lincoln College; Edward B. Finlay, Worcester College; Rev. Edward J. Corbould, Wadham College; Rev. Frede rick E. 8. Drake, Pembroke. Bachelor of Arts: Rev. George Grey, Magdalen Hall. CAMBRIDGE, JAN. 14.—8. A. EXAMINATION, 1854. —The following are the names of the gentlemen approved for mathematical honors:—Almond, Emmanuel; Ames, Trinity ; Arnold, Trinity ; Ailey, John's ; Bailey, H. R., John's; Sid.; Baker, Clam; Biker, W. De F., Emmanuel; Bates, John's; Bates, Trinity ; Batts, Tri nity; Brass, Corpus ; Brown, Colas; Burbury, John's; Burnaby, Christ's; Campbell, Magdalen; Camp bell, Trinity Hail ; Candy, Emmanuel ; Card, John's ; Carl, Trinity ; Cavendish, Lord, Trinity; Coltman, Trinity; Cooper, Trinity; Cornet. Clan; Corp. Peter house ; Coulson, Trinity ; Craton, Christ's; Croft, Caine; Curphy. Trinity ; Day, John's; Deighton, Queen's; Dent, Trinity; Da St. Croix. Corpus; Dicey, Trinity; Drew, John's; Droop, . I :rinity; Elliot, Magdalen ; Elliot, Trinity; Elplainstone, Trinity ; Falkner, John's; Fai rer, Trinity; Field, Emmanuel ; Fletcher, Caine ; Forster, 0. 8., John's ; Fox, Sid. ; bushy, John's ; Franks, Trinity Hall ; Froshfield, Trinity ; Gabb, Caine ; Glover, Emmanuel; Godfrey, Jesus ; Godricb, Emmanuel; Gordon, Christ's; Grabhaus, John's; Graham, Trinity Hall; Groan, A. J. M., Caine; Hero, John's; HauxwoU, Caine; Hawkins, Trinity; Hedges, Queen's; Hindle, John's; Horne, John's; Hutchinson, Trinity; Hutchin son, T. N., John's ; Image, Trinity Hall; hard, Magda lene; Jackson, Magdalene; Jessop, Jobn'e ; Kempen's, Caine; Kershaw, Emmanuel; Kingdon, Trinity ; Kings ford, Jesus ; Latham, John's; Lawrence, Queen's; Law son, Trinity; Leactioutn, Trinity; Leaf, Trinity; Leaks, John's ; Lewis, John's ; Littlewood, Pembroke; Lockett, Queen's; Longlands, Jesus ; Luckock, John's ; Marshall, Clare ; Maxwell, Trinity Monro, Trinity ; Murray , Trinity; Nub, Caine ; Nix, Tr inity; Pace, Pembroke ; Patch, John's ; Poutifex , Trinity ; ratt, Corpus; Quirk, Trinity ; Itawlinson, Emmanuel ; Rimington, John ' s; Richards, Trinity ; Roberts, E., John's; Robertson, Trinity ; Robin son, Trinity ; Rokeby Trinity ; Routh, Peterbouse; Sale, Trinity ; Sampson, John's ; Sanderson , Corpus ; Sealy, Caine; Smith, G. ll'Csins; Smith J . 8., Trinity; Soden, Emmanuel; Stephen, Trinity Mall; Stokes, Caine; Strugnell, Quisn's ; Sturges, Emmanuel ; Bwahston, Trinity; Sweeting, Pembroke ; Symonds, Caine ; Thomas, Cain.; Tonikinson, Trinity; Tongs, John's; Tweddls, John's; Upton, Trinity; Vicars, Christ's; Walford, Trinity ; Walker, Corpus; Walker, W. H., John's ; Ward, Emmanuel; Ward, Trinity; Ward, Queen's ; Webb. Em manuel; Weightman, John ' s; Welch , W. J. J., Cathe rine; Weston, Trinity Hall; Whiteside, J., Catherine; Whitt, Trinity; Wilkinson, Trinity; Wilkinson, J. F., John's; Willcock, Trinity; Wilson, W., Trinity; Wood, J., John's; Wood, J. It., Trinity; Woodhouse, Caine; Wright, Trinity. NAVAL. PORTOMOCTR, /AN. 15.—The keel of the Shannon, a new 50 gun screw frigate, has been commenced laying down in this dockyard, and every exertion is to be made to expedite her building, it being intended to have her ready for launching by the end of June next. This will be the finest man-of-war frigate afloat as regards her tonnage and armament. The Banshee, _3, steam-vessel, Lieutenant Commander Reynolds, sailed from Spithead on Friday night for the lleditemnean.—Tbe following notice to mariners was promulgated yesterday by Reis-Admiral Martin, the superintendent of this dockyard : . On Tues day next, the 17th inst., some experiments will commence with the light on Southsea Castle, and from that time Smithies light is not to be considered u any guide until further notice is given." Sams IN HABBOVIL.—Victory, flag-ship, Captain Sir T. Maitland; Neptune, 120, ordinary depot ship, Captain E. H. Scott; Excellent, gunnery ship, Captain U. D. Chad.; Princes' Royal, 91, screw, Captain Lord C. Paget (fitting oat); Dauntless 24, screw frigate, Captain Ryder (fitting out) ; Simoom, 'troop ship, Captain Smith; Serpent, 12, Commander Lambert (dismantling); Apollo, store ship, Muter Commander Johnson (taking in stores, &c., for Ad miral Dundee's fleet); Diligence, naval transport ; Fire Queen and Fanny, tenders, and pigmy tug. - - - • -- • . - AT SPITHIAD.—L•opard, 12, paddle frigate, Captain Gif ford (ready for sea) ; and Frolic, 18, Commander Nolloth (waiting for the Juno, 28, Captain Fremantle), to; rooted in company to Australia. In Dock.--Blenheim, 60, screw guard ship, Captain the Hon. Y. T. Pelham ; Fairy, tender to the royal yacht, Master Commanding Welch ; Scourge, and Geyser, 6-gun sloops (repairing), and Harpy, 1. In the Steam Basin.—Ccaar, 91, screw (fitting); Victoria and Albert, royal yacht, Captain the Hon. J. DOOM= ; Basilisk, 8, paddle sloop, Commander the Hon. F. Egerton (refitting) ; Elfin, despatch vessel, Master Commander Bal. liston ; Gladiator, 6, peddle frigate ; Sphinx, 6, sloop ; Terminal t, 24, screw frigate ; end Oberon, 3, steam vessel. In the Sea 120 (repairing) ; and Helena, 16, sloop. • By the death of Rear-Admiral of the Red, Gordon Themes Falcon, the following promotions take place:— Rear-Admiral Mends, from the White to the Red list; Rear-Admiral Walpole, from the Blue to the White; Captain the Iful of Hardwick., te the rank of Rear- Admiral on the Beeenred Half-pay List (sot having served his sea time by four months); and Captain H. D. Cbadked the Enosilent, to the rank of Rear-Admiral on the seifw Iyt. Retired Captains John Shekel. and 0. 0. Oahe onion to Lord Hardwick', and Captain C ial a i l l it *wit *sir promotion to flag milt, but +Sh oat Mom Op,. By the promotion of Captain Chide • mitehes psi - mortice poa sad the comma of the Eze•Ultat• newsy ue at the abyssal et 81r Juges Graham. Os Plast Loot Osammises Illr Gasp Luella% H.C.8., sow an his way Mae bar Os I is the Fez, (whisk WA said at NW. se rode from Ttht• coals*, ce tis 11111 et December), Law the senior on the eaptata's Het. TILE HIMALAYA. The public have been allowed to go on board the gigantic Himalaya steamer, at Southampton, but those who pay her a visit are expected to subscribe towards t►e funds of the Southampton Infirmary, and a quartermaster stands at the gangway to receive subscriptions. On Saturday last she was visited by a large number of the notabilities of Southampton. The more minutely she is inspected the more is surprise excited at the perfection which naval archi tecture, steam machinery, and' the mechanical and orna mental arts, have attained. Everything connected with the Himalaya appears in harmonious proportion with her stupendous dimensions. The Himalaya has nine immense boats hanging over her sides. In the engineers' department there are about thirty persons, and in the purser's depart ment about 40. She will require 60 A.B.'s to man her. In the other Alexandrian packets there are not many more than 20. Two officers and about 30 men will be required for the night watch. The picked men of the company will be se lected for every department. The Himalaya is forty feet longer than the leviathan screw line of battle ship, the Duke of Wellington. The engine department on board looks like an immense manufactory, yet, from the nature of the engine, it is re markably compact ; bat the room allowed for the en gineering staff and firemen to do their work and move about is moat capacious. The tunnel for the shaft of the strew, which in ordinary large ships is so small as scarcely to allow room for a man to crawl through to examine or repair any damage to the shaft, is in the Himalaya almost as large as • railway tunnel, through which men can walk about with perfect ease. In walking along the lower deck, and in passing the innumerable suites of apartments, it is quite • journey to get from one end to the other. , Below the lower deck there are suites of de , gent apartments for passengers. The mail rooms, two:in number, are madras apartments, and are lined with aloe. The fourteen miles an hour mentioned in the Doily News of Saturday as the speed of the Himalaya from London and Southampton, were nautical miles, and equalled sixteen ordinary miles. The momentum of the Himalaya arising from her enormous bulk and speed combined can • warmly be estimated. On Friday when she was coming Sato the dock, and her speed was almost spent, and with only the slightest =omit of way on her, she snapped • warp as big as • man's arm, which held her, in two, as if it had been a piece of packthread. Such a ship would cut down • man•of-war to the water's edge. Moor& ing to the mail centract she would be bound, la saes of war, to carry gnus for her detente. Bat this would be quits unnecessary. She would ran away from, or run over any enemy's ship. The largest and moat heavily mounted privateer would be too glad to get out of her way. Coaling operations are now rapidly going on on board the Himalaya, is order to enable her to take out the India and China mails as the 20th inst., and in a few days she will commence her Wel trip of 3,000 miles to Alexandria. Her successful performance of this will mark an epoch in the history of steam navigation which will have an important 112a611312011 on the interest of commerce and the world, for it will show the practicability of again reducing the space be. tweet' the most distant parts of the sixth, and of abolishing almost all the discomforts of • lengthened ma voyage. THE MARYLEBONE FREE LIBRARY. On Saturday, at the meeting of the Marylehone vestry, We. Grote asked permission to make • statement to the vestry, which be had no doubt would be highly interest ing not ally to them, but the public at large. A week or two sines some questions were pat in reference to the open ing of the fret free library in this metropolis, namely, the Marykbace Free Library, and it was stated that it would open ea Monday, the 9th of January. It had opened a eordingly, and the following was the result: On Monday there were 92 readers, viz., 91 males and 1 female, and the number of books used was 91 Oa Tuesday there were 102 readers, 100 being males and 2 females, and 100 books used. Os Wednesday there were 133 laden of 139 books, 130 being males and 3 females. Oa Thursday the number of readers reached 173, all males, sad the books used were 184. On Friday there were 177 readers, 169 being males and 8 females ; there haying been in the Ave days 677 readers, 883 being sake and 14 being females, or an average of 138 daily. lie was happy to state also that the clam •slat the rooms to seed were the very dame for which the ades was sue loatediately in tended, namely, the resposeshis r clam of seeheides. There yes co mistake *heat the matter, as masysemes la their I=eops sod ihoadjaeltets, eel es push cube mg igen mg mean la the Morylatiose Ifee Lama es they would Mail la the library of the MI& UMW& Is would, so baba, also be tatereedeo that Me palate &tell know the due of weeks selected tee see by the chiles. They wore literature, p • ••. dram, &L c Fat Wiese mad ad., 40 ; theelegy, 17 ; i , maray, 19 ; history, 31$; eel laws, polleeti mod essessee, U ; base a total of 687 o ilV books, lie dale malt was most mernifyies, sad, rid& arinet melt gm sColiaa Ia • she that time eellithe mull filth to tsod they shesdi howe the id of eeteat ideigns of [wowing the mod sad model esa dittos of Sir hilsocaeostarea Oa Ihierg wain the maim la Oa raw men at swam vas IL EM) Intelligence. COURT OF QUERN'S BENCH.-SATURDAY. ?rums Dr BANOCI.-11ZIOSI Iti&D CUIPULL, A D JURICIII COLO. 11.011, ILA AID 01101IPTOW. LVMLEY V. 012.—T1111 Vial OP YDLLE . WAONIR. This was an action brought by the former proprietor of her Majesty's Theatre against the proprietor of the Covent. Garden Opera-house, to recover damages from the defen dant for having induced Male. Joanna Wagner to break an engagement which she bad entered into with the plain tiff. A rule had been obtained last term calling on the plaintiff to show cause why the defendant should not be at liberty to issue a oonstahnion addressed to the Royal Coast of Berlin, and why any judge or judges of that court should not be appointed to examine witneeses on the defendant's behalf at Berlin, and why the usual clause rendering it necessary for aa oath to be taken by the commissioners should not be dispensed with, and why another commission should not issue to examine witnesses on behalf of the defendant on interrogatories at Hamburg. Sir F. Thesiger now showed cause against the rule on the part of the plaintiff. He said the question raised by it was one of great importance and ditlicalty. Before con sidering the nature of the application, he would call their lordships' attention to the proceedings which had taken place and to the delay that had already occurred in this case. The action was commenced in January last, and on the 31st of that month there was a rule to plead and demur. There was then a p:ea and demurrer, and on the 3rd of February, the plaintiff lodged ►is points for argument. On the 4th, Mr. Justice Coleridge made an order to postpone the trial until the sittings after Raster term, and the defendant was to be at liberty to issue a commission for the examination of witnesses abroad within three weeks, to be returnable on the 10. h day of the following Easter term. Oa the 9th of February, Mr. Justice Wighttnan made an order to poet pone the trial till after Trinity, sad left either party at liberty to apply for a commission at any time. On the 3rd of June this Court gave judgment for the plaintiff on de- sinner. On the 10th of June se order was made for issuing the commission, but, nothing was done under it by the defend ant for two montheOn the 22nd August the plaintin,attortiey applied to the defendant's attorney to know w hen the com mission was to be executed, and on the 2lth he was furnished with a draft of the special order, and on the 26th of Octo ber, with a draft of the commission itself, of which he ap , proved, and returned it on the 29th. The plaintiff's attorney stated in his affidavit, that he had used every effort to bring the cue to trial at the earliest period, bat that the defendant bad always appeared desirous to delay it. The authority of this court to issue the commission was derived from tho let Wil. IV, e. 22, which extended the powers of an act, which applied only to India. The 4th sec. gave power to any of the superior courts to order a commis sion to issue for the examination of witnesses in any place out of their jurisdiction, by interrogatones or otherwise, and also to give all such directions, touching the time, place, and manner of inch examination, and all other matters and . ~. eircumatances connected with such examination u might ap pear reasonable and just. When the commissioner arrived at Berlin it was found that according to the Prussian law no oath could he administered to any witness in the Prussian dominions except in the presence of some judge of a Prussian court. The commissioner, Mr. Hayward, applied I I by petition to the Royal Court to appoint a judge, which I they did, and a judge accordingly attended. The only I witnesses to be examined were Mlle. Wagner and her father, and the oath was administered to them, but the Prussian judge, not content with that, insisted en being present at, and taking upon himself the management iif, the inquiry. He said that neither another witness, nor the plaintiff, nor the defendant, were allowed to be present daring the examination of a witness, and M. Wagner and , Mr. eye therefore left the room. A. paper writing was produced and shown to Mdlle. Wagner, who was asked if the signature was in her handwriting. The Prussian judge I said there must be same preliminary specification of the contents of the pape rs , and prevented the witness from answering. Mr. I uddleston, who appeared fer the plain- tiff, then interposed, and said that the examination must be conducted according to the Eoglisb rules of evidence. Mr. Creasy, for the defendant, concurred, and Mr. Hay ward pointed out to the judge that it would be impossible for him to continue the inquiry if he persevered in his inter- I position. He did, however, persevere, and the examination was brought to a conclusion. M. Geppert, an eminent Prussian advocate, was then consulted as to what course ought to be pursued, and he gave it as his opinion that the witageses might be examined according to the English law. without the presence of the judge, if they voluntarily sub- 1 milted to such an *emanation. Mdlle. Wagner on being applied to, at first appeared disposed to consent to this course, but ultimately wrote 'to Mr. Hayward, declining to do go ; under these circumstances, if the commission were issued at all, it ought only to be issued on payment of the costs of the former commission by the defendant, who having been in communication with Mdlle. Wagner, might have known whether she would consent to an examination or not, and ought to have made himself acquainted with the Prussian law before he applied for the commission. Lord Campbell said it could hardly be expected that the defendant could have known the exact provisions of the . Prussian law, or that he could have foreseen the refusal of the witness to submit to examination. Sir F. Thesiger referred to a cue in 10 Common Pleas. p. 898, in which the Court of Common Pleas had under similar circumstances issued a commission only on payment of cute. But the most important question in the case was whether their lordships now had power to issue a commis• siou to a foreign court. In " Clay T. Stevenson" (7 Ad. and El., p. 188), this court had issued a commission to the Court of Commerce at Hamburg, but it was expressly said that it was directed to the individuals and not to the judges as members of the court. Their lordships could have no power to order a witness to be examined in a man ner contrary to the English law. If they were examined according to the Prussian law all creations must be put through the judge, who might admit the most irrelevant evidence, and neither party could cruss-examine the wit nesses. It was the undoubted right of the parties accord ing to the English law to cross-examine witnesses. Mr. Justice Coleridge said this argument would have fearful consequences, because the same rules of law pre vailed throughout almost the wliple of the continent. Lord Campbell said he thought this court had no authority to send a commission to another court in a foreign country, but be did not know that they had not the power of issuing • commission to the individual members of that court. The question was whether they had authority to issue a commission to be carried into effect in a country where the procedure on the examination of witnesses was contrary to our practice and our law. Sir F. Thesiger said that the foreign tribunal might admit hearsay evidence, and many other kinds of evidence inadmissible under the English law. Lord Campbell said that the English court would reject anon evidence as it considered inadmissible when the com mission was returned to it. Sir F. Thesiger said, if several commissions were issued to be executed in various continental states, the evidence given according to the law of each of those states might be admitted in an English cause. He submitted that there were such insuperable difficulties in the way of issuing a commission in the meaner prayed, that their lordships would not now for the filet time issue such a commission, but would discharge the rule. Mr. noggins followed on the same side. Mr. Huddleston, on the same side, submitted that even if the commission issued it would be useless, because M. and Mdlle. Wagner had positively refused to be examined except according to the Prussian law. The Attorney-Geueral, in support of the rule, contended that unless the commission were issued the intention of the act of parliament to admit into an English cause the exami nation of witnr us out of the jurisdiction of this court would be entirely frustrated. According to the Prussian law it was necessary for the judge to be present in order to have the examination of a witness taken. The evidence of the parties now sought to be examined went to the menu of the cense. The whole case turned upon. the question of whether the defendant was aware at the time he had engaged Mdlle. Wagner that she had been t . previously engaged by the plaintiff. The arguments which his learned friend bed brought against issuing the commis sion would apply equally to all commissions which had ever been lined. In Germany as well as in all civilised coun tries sufficient provision was made for the punishment of the crime of perjury, so their lordships would not be deterred from granting the application on the feround that perjury might he committed with impunity. These were the pre cedents to which his learned friend had referred to justify such a commission, and also the authority of Mr. Baron Parke (Mess and Wells, p. 678), who had issued a commis sion to the Royal District Court of Bavaria. He contended that neither aeon reason nor authority ought their lord ships refuse to make the rule absolute. Mr. Creasy and Mr. Willes who also appeared for the de fendant were not called upon. Lord Campbell was of opinion that upon payment of the outs incurred in executing the former comin,ssion this ONlMllilliOn ought to issue. If he bad no difficulty in that thecourt had power to issue the commission he rh Yl o:ls be desirous to du so because if it did not issue most important evidence must be excluded. There was no , doubt that Mdlle. Wegner and her father were both very material witnesses. Had they then the power? As at present advised he thought they hid the power nate send a commission to the Royal Court of Berlin, but to the individuals who constituted that court. The only objec tion that could be made to this power was that the exeunt,- nation of witnesses, according to the Prussian law, was different to their examination according to the English law. This was a serious objection, but giving all due weight to it he thought it ought not to prevail, because they ought not to suppose th , t the evidence when given would he given a a manner contrary to the law of England. If it were so, it would be rejected at nisi print or a hill of exceptions might be tendered against its reception, and their decision might be reviewed by the Roue of Lords. Mr. Justice - Coleridge was of the same opinion, as, by taking this course, the opinion of a superior tribunal might be taken upon the question. Mr. Justice Erle concurred. They must tee whether the issuing of the commission would advance the interests of truth, and he thought it would do so, as it would admit most important evidence, and they must presume that the examination would be conducted tu such • manner as to elicit the truth. Mr. Justice Crompton concurred. Lord Campbell said it would be desirable for the'. *agar .p.„, of this court to see the commission before it was sent wata', as it was ti , be sddtvsed to a vary high Waimea. Ile - 1, - 0, - - -- ; '•,‘•4 -: V. • ~ l'A'-'• ~ .: . ;;.; •: --. (t. z, ..; . gA • ; 4:1 : t teie c... ;. . • ,_ . i.r t. s f i . 1 . 0 . • '< i! 7: ral t,„ ,i. ~ .r , i l , I . ‘lik ... I i `i ~'