The Sun. — London, England, 1858-01-09 00:00:00

NEW' COURT OF PROBATE. (Franz last night's Gazette.) WHITEHALL, JAN. 6. The Queen has been pleased to direct letters patent to be passed under the Great Seal of the United Kingdom of Great Britain and Ireland, appointing Sir Cresswell Cresswell, Knt., to be Judge of her Majesty's Court of Probate. The following rules and orders wore issued yes terday : CONTENTIOUS BUSINESS. Rules and Orders for her Majesty's Court of Probate, made ander the Provisions of the " Act to amend the Law relating to Probates and Letters of Administra tion in England" (20 and 21 Vic., cap. 77), in respect of Contentious Business (Sec. 30.) 1. All proceedings in the Court of Probate or in the Registries thereof in respect of business not included in the act itself under the expression " common form busi ness," except the warning of caveats, shall be deemed to be contentions business. 2. Executors or other parties who previously to the passing of the act might prove wills in solemn form of law shall be at liberty to prove wills under similar cir cumstances, and with the :same privileges, liabilities, and effect, as heretofore. 3. Next of kin and others who previous to the passing of the act had a right to put executors or other parties entitled to administration with the will annexed upon proof of the will in solemn form of law shall continue to possess the same rights and privileges, and be subject to the same liabilities with respect to costs as heretofore. 4. Parties who previously to the passing of the act had a right to intervene in the cause shall conti❑ue to possess the same right, subject to the same limitation. and the same rules with respect to costs as heretofore. 5. A caveat shall remain in force for the space of six months, and then expire and be of no. effect, but may be • renewed from time to time as heretofore. A caveat shall - be warned at the place mentioned in it as the address of the person who entered it. It shall 'be sufficient for the warning of a caveat that one or the registrars send by the public post.a warning signed by himself, and directed to the person who entered it, at the address mentioned in it. 6. Upon a party appearing in answer to the warning of a caveat, the matter shall be entered as a cause in the court book, and the conteaxioea bukness shall thereupon be held to commence. 7. Where a party proposes to prove a will or codicil in solemn form of law, and no caveat has been entered, or a caveat has been entered and no appearance given to - the warning thereof, the contentious business shall be held to commence with the extracting of a citation in the forms Nos. 3,5, or in some similar form. 8. Citations to see proceedings may be extracted from the registry on the application of any party to the cause. A form is given, No. 4. Before a party cau proceed after t the service of a citation an appearance must have been previously entered by or on behalf of the party cited, or an affidavit of personal service must have been filed in the registry, or the order of the judge, founded on an affidavit, and giving leave to proceed, must have been obtained and filed in the registry. . . 9. Every citation shall be written or printed on parchment, and the party taking out the same, or his proctor, solicitor, or attorney, shall take it, together with a praecipe, a form of which is given, marked No. 6, to the registry, and there deposit the prmeipe and get the citation signed and sealed. The address given in the prwcipe must be within three miles of the General Post-office. Personal service cf any citation shall be effected by leaving a copy of the citation with the party cited, and showing him the original it required by him to do so. 10. The entry of the appearance cf a party e'ual be accompanied by an address within three miles of the General Pest-office. 11. It shall be sufficient to leave all pleadings and other proceedings not expressly requiring personal ser vice under these rules and orders at the address furnished so as aforesaid by the plaintiff and defendant respectively. 12. In case the party cited does not appear within the time limited in the citation, the plaintiff shall allege the default of appearance on the record, and the cause shall thereupon proceed in default. 13. The form to be used in entering an appearance is given, No. 7. 14. In case of proving a will in solemn form of law the plaintiff shall declare in the forms Nos. 8 and 9, or as near thereto as the circumstances of the' case admit ; and such declarition shall be delivered to the defend ant, and a copy thereof filed in the registry upon one and the same day. 15. The declaration may be delivered to the defendant at any time after the defendant has entered an appear ance. If the plaintiff do not deliver his declaration ' within one month after an appearance has been given, the defendant may apply to the judge in chambers to fix a time within which such declaration shall be delivered. 16. In case of proceedings in default, the plaintiff shall file his declaration in the registry within 8 days from the last day allowed in the citation for the appearance of the defendant. .17. The defendant, if desirous of pleading, must deliver his plea to the plaintiff within 8 days atter the service of the declaration, and file a copy thereof in the registry on one aed the same day, otherwise he will not be permitted to plead, except with the permission of the judge. Forms of pleas are given, Nos. 10 and 11. 18. If the plaintiff propound a will, and the defend ant in his plea allege the existence of a will of later date, the plaintiff as well as the defendant may, with and subject to the persuasion of the judge, adduce proof on the trial of the validity of the will upon which he relies. 19. In testamentary causes, the several scripts of the testate-, that is to say, wills, codicils, drafts of wills or codicils, or written instructions for the same, sball continue to be brought into the registry as heretofore. And for this purpose, every plaintiff shall at the time of filing the copy of his declaration in the registry file therewith an affidavit of scripts to the effect of form No. 12 ; and in like manner the defendant, upon filing the copy of his plea, shall file there with a similar affidavit. The time-for the filing of these affidavits of scripts may be varied by order of the judge, on the application of either party. Every script coming within the terms of the affidavit, and of which the deponent has any know ledge, is to be specified therein, and every script in the custody, or under the control cf the party making the affidavit is to be annexed thereto, and deposited there with in the registry. 20. Either of the parties may give in such further pleading as he may be advised. If either party desire to amend the pleadings, he may do so by permission of the judge, and in such form, and under such terms, as the judge may approve. Tile ferns of the declaration and plea will, it is presumed, be a sufficient guide to practitioners as to the form of any further pleadings. 21. If the defendant or plaintiff shall be of opinion that the declaration or plea, or subsequent pleading does not disclose sufficient to enable him to proceed with safety, ha may apply to the judge to order the pleadings to be amended ; and, if necessary, further application may be made to the judge thereon. 22. Within eight days after the delivery of the last pleading in the cause the plaintiff is to deliver to the defendant the issue in the form No. 13, or in a form as near thereto as the circumstances of the case will admit. 23. The plaintiff, after delivery of the issue, shall give notice to the defendant, that, after the expiration of eight clear days, he intends to apply to the court to try the question at issue before itself, either with or without a jury, or to direct an issue to be tried before a judge of Assisi., as the case may be ; and if the plaintiff do nut give such notice within sixteen days from the day on which the issue was delivered the defendant may give a similar notice to the plaintiff. A. form of notice, No. 14, is subjoined. _ . 24. A copy of every such notice shall be filed in the e registry upon the day on which the seine is served upon the opposite party in the cause. 25. In each case the judge shall direct, and, if neces sary, after hearing the parties, in what mode the cause . shall be tried. 26. After the direction of the judge has been obtained as to the mode in which the cause is to be heard, the p laintiff shall, within four clear days, deposit the record o f the cause in the registry. The record is to conclude with a statement of the mode in which the judge has directed the cause to be tried, as in the forte No. 15. 27. The plaintiff shall, on the day upon which he sets down the cause as ready for trial, give notice to each party for whom an appearance has been entered of his having done so ; and if he delay setting down the cause as ready for trial for the space of one month after the court has directed the mode in which the queAron at issue shall be tried, the defendant may set the cause down as ready for trial, and give a similar netice to the plaintiff and the aforesaid other parties. A copy of every such notice shall be filed in the registry ; and the cause, excepting the judge shall otherwise direct, shall come on in its turn. 28. In default of the appearance of the party cited, a record, in form No. IG, or as near theret) as can be, shall be filed in the registry. 29. Every subpcera , 1141 l be written or printed on parchment, and may Moloch. the names of any number of wi . .nesses. The party, or his solicitor, or attorney, Oral! take it, together with a pi (form s of which are given, marked 17, 13, 19, xnd 20) to the registry, and there get it signed and sealed, and there deposit the p,wipe. lfd. Either the plaintiff or defendant may call upon the other party, by notice in writing in the form annexed, No. 21, to admit any document, saving any just excep tions; and in case of refusal or neglect to admit the lame, the costs of proving time document shall be paid by the party so neglecting or refusing, whatever the result of the cause 'nay be, uniese at Ulu trial the judgeshall eertify:that th e refia.al to adint, was reasonable; and no ecs.,syt‘provitig any document snail Lc g; von ex cept in eases where the emission to give the notice in the opinion of the re2ijttar .31. A - s - al.lag of expense. pplic e "":" 41tc.,ion of instruments purporting to `l9e, 'te , tarnentitrY;'aild sLown to be in the possession or tuickie the contras tif y person ' or persons, as ,reentioned the 260 t section of i' theact, may be made td the judge, on ,m ot i on or petition or by summons served on'the opposite party i u City suit , and upon mu tirn and affidavit in ca , e.4 where r ko i. Perms of sApconas applicable tbese ::s'esarle'engdiv'netig, Nov. 22, 23; 2A; and 25. 32- The hearing of the case shall`-be w conducted' in to n o court, and the-conel shall add ress th e court, e the same rules and regulations as now obtain in the courts of common law. i 33. After the conclusion of the trial, the registrar shaw enter on the record the finding of the jury, or the decl sion of the judge, in a form corresponding as near as may be with that given, Nos. 26 and 2.7, and shall sign the same. 34. Any person proceeding to prove a will in solemn ' form, or to revoke the probate of a will, may, if the will affects real estate, apply to the judge for an order au thorising him to cite the heir or heirs at law or other per. vl,ll E S L 0 N0,0 1 N, -1 SA T 11 1 ,1 VD A r ILI VEIN I ND,. son or persons pretending interest in Finch real estate ; and the judge on being satisfied by affidavit that the will in question does affect or purport to affect the real estate, shall make an order authorising the person ap plying to cite the heir or heirs at law or other such person or persons as aforesaid : Provided always that the make any special directions as to the persona map e eited which he may think the justice of judgedgteo ay the case requires. 35. An application for a new trial may be made to the Court of Probate in respect to causes trie4 before a jury within ten days from the day on which the cause was tried, or on the first sitting of the court after the cause has been tried. 36. An application for a rehearing of any case tried before the judge without a jury, and in which evidence is given vivaroce, may be made within ten days from the day on which the same was heard, or at the first sitting of the court after the cause has been heard. 37. If the plaintiff or defendant in any cause, unless by leave of the judge previously obtained, fail to deliver the declaration, plea, or other pleading within the time specified in these rules, the other party in the cause shall not be comoelled to receive the same, unless by direc- tion of the judge. The expense of every such application to the judge shall fall on the party who caused the delay. 38. Citations, notices, and other processes heretofore in use and still in use, are to be inserted in the London Gazette, and in such of the leading morning and evening papers, and such local papers as the judge may from time to time direct, instead of being served on the Royal Exchange. 39. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used in court, unless by leave of the judge. 40. In contentious business; inventories, and not merely declaratiens of personal estate and effects of the deceased, are to be used, unless by order of the judge. The form of inventory is given, No, 28. .41. All notices required by these rules, or by the practice of the court, are to be in writing. of the t, Istatco will be suffioient to entitle the paper to probate. 21. If. the will, codicil, or testamentary paper is signed at the e ad of it by the testator, and attested by one wit• ness on' ly, and there is nothing to show the testator's intentic m that it should be attested by a second witness, the affi davit of one disinterested person to prove the signature to be al the handwriting of the testator will be sufficieeat to entitle the paper to probate. 22. The circumstance of a person being named as an executor in the will, codicil, or testamentary paper, or being • Interested as a legatee or as the husband or wife of a, legatee under such will, codicil, or testamentary pap er, rendered him incompetent to become an attesting wit ness to it, so that if the name of a peroon so in crested appears as that of a subscribing witness to the will or testamentary paper, the same, so far as regait.ds his attestation, must be considered as unattested, and .his evidence in support thereof will be inadmissible, unless he shall first release his interest thereunder. 23. If an attestation clause, or the word " witnesses,' appear written at the foot of the paper, the same being unattested, or if the paper purport on the face of it to be a draft of a will, the copy of a will, or instructions for a will, it must prima facie be considered as an in complete paper, and not, save under special circum stances, entitled to probate. 24. Any appearance of an attempted cancellation of a paper by burning, tearing, obliteration, or otherwise, must be accounted for. _ _ 25. Every faet leading to a presumption of abandon ment or revocation of a paper on the part of the testator must be accounted for. 26. Alterations and interlineations made by the testa tor, if unattested, are to be proved by an affidavit of two persons to his handwriting. If the same are in the handwriting of any person other than the testator, it will suffice to prove by affidavit that they were known to and approved of by the testator. Proof by affidavit that they existed in the paper at the time it was found in the repositories of the testator recently after his death may, under circumstances, suffice. Alterations and interlineations made since the 31st of December, 1837, are subject to the provisions of 1 Yid., c. 36. 27. With respect to deeds, papers, memoranda, or other documents mentioned in a testamentary paper, or appearing to have been annexed or attached thereto, the foregoing ra'es, orders, and instructions as to wilis bear ing date since the 31st Dec., 1837, will apply. 23. A will made before the let of Jan., 1838, is con firmed by a codicil duly executed bearing date on or after that day. order that he may determine whether it will be expe dient to interfere on , the part of the crown ; save and except that when the deceased is domiciled within the duchy of Lancaster, notice is to be given to the solicitor for the duchy in London ; and no grant is to be issued until that officer has signified the course it will be proper to take under the circumstances of each particular case. 63. The registrars are to take care that the copies of wills to be annexed to the probate or letters of adminis tration are fairly and properly written in the engro:•sing hand heretofore in use in the Prerogative Court, and are to reject those which are otherwise. From the London Gazette of Last Night. LORD CHAMBERLAIN'S OFFICE, JAN. 8. Notice is hereby given that the Solemnization of the Marriage of Her Royal Highness the Princess Royal with His Royal Highness Prince Frederic William Nicolas Charles of Prussia, will take place on Monday the 25th instant. LORD CHAMBERLAIN'S OFFICE, JAN. 8. Notice is hereby given that Her Majesty will hold a Drawing Room at St. James's Palace, on Saturday, the 30th inst., at two o'clock. There will be no presentatiois to Her Majesty upon this occasion. DOWNING-STREET, JAN. 5. The Queen has been pleased to appoint Walter Hard ing, Esq., to be Chief Justice, Henry Connor, Esq., to be First Paisne Judge, and Henry Lushington Phillips, Esq., to be Second Puisne Judge, of the Supreme Court of the Colony of Natal. Her Majesty has also been pleased to appoint William Hepburn Rennie, Esq., to be Auditor-General for the Colony of Hong Kong ; Thomas Manners, Esq., to be Surgeon to the Penal Settlement in the Colony of British Guiana; and George James Evelyn, Esq., to be Sub- Treasurer for the Island of St. Christopher, WAR OFFICE, PALL-MALL, JAN. 8. 2d Regiment of Life Guards— For Major and Brevet- Lieut.-Colonel F. M. Martyn, to be Li eu t enan t-C o l one l, by purchase , vice Baddeley, who retires, which appeared in the Gazette of 27th Nov.,—Read, Major and Lieut.- Colonel F. M. Martyn, &c. _ 3d Dragoon duards--RObert George Smith, Gent., to be Cornet, without purchase. Bth Light Dragoons—Richard William Palliser, Gant., to be Cornet, without purchase. 10th Light Dragoons—Cornet Richard Lomax, from the 3d Light Dragoons, to be Lieutenant, by purchase ; Ferdinand Ogilvy Fitz Gerald, Gent., to be Cornet, with- out purchase. . 11th Light Dragoons—The Hon. James David Drummond to he Cornet, without purchase ; Henry Henzell Unett, Gent., to be Cornet, without purchase. 12th Light Dragoons—Brevet-Colonel Charles W. M. Balders, from the 14th Light Dragoons, to be Lieuten ant-Colonel, without purchase, vice Griffiths, promoted to be Major-General. 14th Light Dragoons—Cornet R. P. Ridley to be Lieuten ant, without purchase, vice Redmayno, killed in action ; Francis Blake Eagle, Gent., to be Cornet, without par chase, vice Ridley. 15th Light Dragoons—Phineas Bury, Gent., to be Cornet, without purchase. Military Train—Charles Sohomberg Thomas, Esq., late Paymaster for Army Services, to be Paymaster, vice Fereday, appointed to the 68th Foot. Royal Artillery—Lieutenant-Colonel William Robert Nedham to be - Colonel, vice Griffin, retired upon full pay ; Captain George Bucknall Shakespear to be Lieu tenant-Colonel, vice Nedham ; Brevet-Major Edmund John Carthew to be Captain, vice Shakespear; Lieute nant Edmund Porter Bingham Turner, to be Second Captain, vice Carthsw. Ist Regiment of Foot—Ensign Alexander James Badgley to be Lieutenant, by purchase, vice Hassard, who re tires. 2d Foot—Sidney Henry Widdrington, Gent., to be Ensign, without purchase. 4th Foot—Lieut. Charles Patrick Stokes to be Captain, by purchase, vice Tower, who retires ; Ensign George H. Kittoe to be Lieutenant, by purchase, vice Stokes ; George Studdert, Gent., to be Ensign, by purchase, vice Kittoe. sth Foot—Major and Brevet-Lieutenant-Colonel J. A. V. Kirkland, having raised a battalion of 1,000 rank and file, to be Lieutenant-Colonel, without purchase ; Capt. G. B. Milman to be Major, without purchase, vice Sim mons, killed in action ; Captain F. W. L'Estrange to be Major, vice Kirkland ' • Lieutenant J. W. D. Adair to be Captain, without purchase, vice Milman. To be Ensigns, without purchase—Francis Sterling Brown Holt, Gent. ; Gersham Herrick, Gent. ; James Hartley, Gent. ; Francis R. Bradford, Gent. ; William Charles Sheolbred, Gent. ; John Cottingham Wadling, Gent.; John Charles Stephen Fremantle, Gent. ; Thomas D'llmaine Mackinlay, Gent. ; Fredk. Edward Wilson, Gent. ; John Leslie, Gent. 13th Foot—Assistant-Surgeon Charles John Kirwan, from the Staff, to be Assistant-Surgeon. 21st Foot—Lieutenant Thomas Henry Sherwood to be Adjutant, vice Coakley, deceased. 26th Foot—Captain R. W. Clerke to be Major, by pur chase, vice William Hopson Hopson, who retires; Lieut. John Coning to be Captain, by purchase, vice Clarke; Ensign Morris Robinson to be Lieutenant, by purchase, vice Coiling. 27th Foot—Major Thomas Percival Touzel to be Lieu tenant-Colonel, without purchase, vice Kyle, deceased; Captain Oliver Langley to be Major, without purchase, vise Touzel ; Lieutenant Heneage, Charles Chester to be Captain, without purchase, vice Langley ; Ensign Laurence William Desborough to be Lieutenant, with out purchase, vice Chester. 33(1 Foot --Assistant-Surgeon A. R. Kilroy, from the Staff to be Assistant-Surgeon. 48th Foot—Captain and Adjutant G. P. Drought, from a Depot Battalion, to be Captain, vice M. H. Heathoote, who exchanges. 53,1 Foot—Ensign G. C. Sidebottom to be Lieutenant', by purchase, vice Fenton, promoted to an Unattached Company : S. J. Nicholls, Gent., to be Ensign, by pur chase, vice Sidebottom. 58th Foot—Ensign 0. W. Hill to be Lieutenant, by pur chase, vice Lake, who retires ; John Valentine Hesse, Gent., to be Ensign, by purchase, vice Hill. 71st Foot'-'-Arthur Edward Morgan, Gent., to be Ensign, without purchase, vice Carey, promoted ; Assistant- Surgeon Edwin Wilson, from the Staff, to be Assist ant-Surgeon. 89th Foot—Assistant-Surgeon William Henry Priz.e, from the Staff, to be Assistant-Surgeon. 92d F o ot—Assistant -Surgeon James Caudal°, M.D., from the Staff, to be Assistant-Surgeon. 97,th Foot—John Henry Prior, Gent., to be Ensign, with out purchase, vice Holbrook, promoted ; Assistant- Surgeon Robert Arthur Elliott, from the Staff, to be Assistant -Surgeon. Ist West India Regiment=-Lieutenant G. A. Robertson having absented himself from his regiment, without leave, has been removed from the Army, her Majesty having no further occasion for his services. DEPOT BATTALION. Captain Bache Harpur Heathcote, from the 48th Foot, to be Adjutant, vice Drought, who exchanges. Quartermaster Edward Henry Drake, from half-pay of the late British German Legion, to be Quartermaster, vice John Thompson, removed to the Cavalry Depot at Can terbury. INTEREST CAUSES. 42. In interest causes, as heretofore, each party shall be at liberty to deny the interest of the other ; and in such cases both parties may, with and subject to the per mission of the judge, adduce proof on one and the same trial of their interest respectively. 43. In interest causes the pleading of each party must show on the face of it that no other person exists having an interest superior to that of the claimant. 44. Forms of the declaration and plea in an interest cause are given, No. 9 and No. 11. PROCEEDINGS BY PETITION. 45. In proceedings by petition the plaintiff shall, within four clear days after an appearacca has been entered for the defendent, or, when the defendant h already before the court, within four clear days from the day upon which he claims to be heard by petition, de liver his act to the defendant, and file a copy thereof in the registry upon one and the same day. 46. The defendant shall, within eight days after the delivery of the act, deliver his answer to the plaintiff, and file a copy thereof in the registry upon one and the same day. 47. The same course shall he pursued until the peti tion is concluded. 48. Butla plaintiff and defendant shall, within eight clear days from the day upon which the petition is con cluded, file in the registry such affidavits as may be necessary in support of their several averments therein. A form of petition is given, No. 29. APPEALS. 49. No petition of appe3l shall be lo3ged against any sentence of the Court of Probate, unless within a month of the delivery of the sentence appealed from, or within such other time as the judge shall direct, and unless notice of such appeal has been given to the opposite party in the cause, and filed in the registry. 50. Parties may proceed to carry into effect the deci sion of the Court of Probate, notwithstanding any such notice of appeal, unless the judge shall otherwise order. 51. After notice of appeal has been given, the Jcdge of the Court of Probate may order the execution of his decree to be suspended, upon such terms as he thinks fit. 52. The judge shall in every case in which a time is fixed by these rules for the performance of any act have power to extend the same to such time, and with such qualifications and restrictions, and on such terms, as to him may seem fit. NON-CONTENTIOUS BUSINESS. Rules, Orders, and Instructions for the Registrars of the Principal Registry of her Majesty's Court of Pro bate, made under the provisions of the "Act to Amend the Law relating to Probates and Letters of Administration in England" (20 and 21 Viet., cap. 77), in respect to Non-Contentious Business. Non-contentious business shall include all common form business as designed by the act, and the warning of caveats. 1. Application for probate or letters of administration may be made at the principal registry in alt cases. 2. For the present such applications are to be made through a proctor, solicitor, or attorney. 3. In no case should the registrars allow the probate or administration to issue until all the inquiries which they may see fit to institute have been answered to their satisfaction. The registrars are, notwithstanding, to afford as great facility for the obtaining grants of probate or adnsinistration as is consistent with a due regard to the prevention of error or fraud. As to Probate of Wills and Codicils and Letters o 1 Administration, with the Will (or Will and Codici: annexed, where the Wills and Codicils or the Cudicil.l only are dated atter Dec. il, 1857. 4. If there be no attestation clause to a will presented for probate, or if the attestation clause thereto be insufficient, the registrars must require an affidavit from at least one of the subscribing witnesses, if either of them are living, to prove that the provisions of 1 Vic., sec. 9, and 15 and 16 Vie., c. 24, in reference to the execution of the will, were in fact complied with ; and such affidavit must be engrossed and form part of the probate, so that the same may be a perfect document on the face of it. 5. If on perusing the affidavit it appear that the requirements of the statute were not complied with, the registrars must refuse probate. 6. If on perusing the affidavit or affidavits setting forth the facts of the case, it appear doubtful whether the will has been duly executed, the registrars may re quire the parties to bring the matter before the judge on motion. 7. If boti the cubscrili.ng witnesses are dead, or it from other circumstances no affidavit can be obtained from either of them, resort must be had to other persons (if any) who may have been present at the execution of the will ; but if no affidavit of any such other person can be obtained, in order to probate, evidence on affidavit must be procured of that fact and cf the hand writing of the subscribing witnesses, and also of any circumstances which may raise a presumption in favour of the due exe cution of the will. 8. Interlineations and alterations are invalid unitss they txisted in the will at the time of its execution, or if made afterwards u: lies they have been tx - ,cuted and attested in the mode required by the statute, or unless they have been rendered valid by the re-axe cution of the will, or by the subsequent execution of soma codicil thereto. 9. Where interiineations or alterations appear in the will (unless duly executed or duly accounted for by the mtestation clause), an affidavit or affidavits in proof of their having existed in the will before its execution, must be filed, except when the alterations are merely verbal or are of but small importance, and are evidenced by the initials of the attesting witnesses. 10. In like manner, erasures and obliterations are not to prevail unless proved to have existed in the will at the time of its execution, or unless the alterations there y tflectcd in the will are duly executed and attested, or unless they have been rendered valid by the re-execution of the will, or by the subsequent execution of some codicil thereto. If no satisfactory evidence is adduced as to the time when such erasures and obliterations were made, and the words erased or obliterated be not entirely effaced, but can upon inspection of the paper be readily ascertained, they must form part of the probate. 11. In every case of words having been erased which might have been of importance, an affidavit should be required. 12. If a will contain a reference to any deed, paper, memorandum, or other document, of such a nature as to raise a question whether it ought or ought not to form a constituent part of such will, the production of such deed, paper, memorandum, or other document should be required, with a view to ascertain whether it be entitled to probate ; and if not produced its non production should be accounted for. 13. No deed, paper, memorandum, or otherdocument can form part of a will or codicil unless it were in exist ence at the time when the will or codicil wa4 executed. 14. If any vestiges of sealing wax or wafers or other appearances are observable, leading to the inference teat any paper, memorandum, or other document may have been annexed or attached to the will, they should be satisfactorily accounted for, or the production of such paper, memorandum, or other document must be required ; and if not produced, its non-production mutt be accounted 15. The above rules and orders respecting wills apply equally to codicils. 16. I❑ case of probate of a married woman's will or of admini tration with the willof a married woman annexed made by virtue of a power, the power under which the will purports tohave been made must be specified in the grant. As to Probate of Wills Codicils, and Testamentary Pap ers re l a ti ng to P e rsonalty, and dated before the 14 January, 1838. 17. It is not necessary that a will, codiel, or testa mentary Paper dated before Ist Jan., 1838, should be attested by wit nesses to constitute i t a va lid di s position of a testat or ' s personal property. Although n eit her signed by the test a t or nor attested by witnesses, it may nevertheless - be valid ; but in such cases the testator's intention that it should opera'e as his will, conic 1, or testa:a:rotary disposition mast he proved clearly by cir• cuoistances. 13. A wfll, c )(Heil, or testamentary pap er , signed by the testator at the end of it, and attested by two clisin• terestcd witnesses (although there be no clause olattes talion) is prima facie entitled to prob Ate. 19. In cases where a will, codicil, or testamentary paper is attested by two witnesses, such witnesses are not r quired to have been present with the testator at. the sane time. It is sufficient if the testator sulperibed his name or made his mark to it in the presence nf, or produced it with his name already written or his mark already made, to one attesting witness, and afterwards to the otter attesting witness provided that on each occasion be declared it t o b e hi s w ill or co di c il , or other wise not i fi e d h is intention that it shonid operate as such. 20. If the will, codicil, testamentary r ris signed at the end o f i t by the testaterb uti eu - n a at e testedand there is nothing to show an intention that it should be attested by witnesses,. the affidavit of two didintc-, Aed persons to prove the signature t 3 be of the halt:". As to Letters of Administration. 29. Where administration is applied for by one or . some of the next of kin only, there being another or other next of kin equally entitled thersto, the regis trars may require proof by affidavit or statutory declaration that notice of such application has been given to such other next of kin. 30. Limited administrations are not to be granted unless every person entitled to the general grant has consented or renounced, or has been cited and failed to appear, except under the direction of the judge. 31. Whenever the court under sect. 73 appoints an administrator other than the person who prior to the act wiu'd have been entitled to the grant, the same is to be made plainly to appear in the oath of the administrator in the letters of administration, and in the administra tion bond. 32. The registrars are to take care (as far as possible) that the suretiesto administration bonds are responsible persons. 33. In all cases where grants administration are made for the use and benefit of minors, the administrators are required to exhibit a declaration on oath of the personal estate and effects of the deceased, except where the effects are sworn under twenty pounds, or where the administrators are the guardians appointed by the High C mrt of Chanc- ry, or are the testamentary guardians of the loin re ; and in all cases of persons cited, but not personally, Lind not appearing, the administrators are required to exhibit a similar declaration and the sureties are required to justify. 34. In all administrations of a special character the recitals in the oath and in the letters of administration must be framed in accordance with the facts of the case. 35. Grants of administration will continue to be made as heretofore to the guardians of minors and infants, for the nse and benefit of such minors and infants, during their minority; and elections by minors of their next of kin or next friend, as the case may be, to such guardian ship, will continue , to be required ; but proxies accepting such guardianship will in future be dispensed with. General Rules and Orders for the Principal Registrars. 36. No probate or letters of administration, with the will annexed, shall issue until after the lapse of seven days from the death of the deceased, unless under the direction of the judge. 37. No letters of administration shall issue until after the lapse of 14 clear days from the death of the de ceased, unless under the direction of the judge. 38. The registrars may, in cases where they deem it necessary, require proof, in addition to the oath of the executor or administrator, of the identity of the de ceased or of the party applying for the grant. 3P. In every case where probate or administration for the first time, applied for after the lapse of threeyears from the death of the deceased, the reasons of the delay is to be certified to the registrars. Should the certificate be unPatiafactorythe registrars are to require an affidavit. 49. The oath of administrators, and of administrators with the will annexed, is to bo so worded as to clear off all persons having a prior right to the grant, and the grant is to show on the face of it how the prior interests have been cleared off. _ 41. The usual oath of administrators i?, as well 33 that of executors and administrators with the will, to be reduced into writing, and to be subscribed and sworn by them as an affidavit, and then filed in the registry. 42. Every will er a copy of a will to which an executor or administrator with the will iet sworn should be marlud by such executor or administrator and by the person before whom he is sworn. _ _ . 43. After motions have been made before the judge in court with regard to applications for probate and admi nistration made at the district registries, the registrars are, unless the judge shall otherwise direct, to return to the district registrars the original papers and documents, with the directions of the judge thereon. 44. Papers and other documents may be transmitted by the registrars of the principal registry to the district registry through the post-office. Such letters or packets are to be superscribed witn the words, " On her Majesty's service," and may be registered if thought necessary. 45. In the case of persons residing out of Eagland, administrations with the will annexed, and administra tions, may be granted to their attorney, acting under a power of attorney duly attested. 46. The addition and true place of abode of every person making an affidavit is to be inserted therein. 47. In every. affidavit read° by two or more pereolis, the names of the several persons making it are to be written in the jurat. 43. No affidavit. will be admitted in any matter depending in the C _mrt of Probate in the jurat of which the re is any iuterliueatien or erasure. 49. Where en affidavit is mado by any person who is blind, or who from his or her signature or otherwise appears to he illiterate, the registrar, commissioner, or other person before whom such affidavit is made, is to state in the jurat that the affidavit was read in the pre sence of the party making the same, and that such party s.urned perfectly to understand the same, and also that the said party made his or her mark, or wrote his or her signature, in the presence of the registrar, commissioner, or other person befere whom the affidavit was made. 50. No affidavit is to be deemed sufficient which has been sworn before the party on whose behalf the same is offered, or before his proctor, solicitor, or attorney, or before a clerk of his proctor, solicitor, or attorney. 51. Proctors, solicitors, or attorneys, and their clerks respectively, if acting for any other proctors, solicitors, or attorneys, shall be subject to the rules in respect of taking affidavits which are applicable to those in whose stead they are acting. 52. A caveat shall remain in force for the space of six months only, and then expire and be of no effect ; but caveats may be renewed from time to time as heretofore. 53. The registrars shall, immediately upon a caveat being lodged, send notice thereof to the registrars of any district in which it is alleged the deceased resided at the time of his death, or in which he is known to have had a fixed place of abode at the time of his death.' 54. No caveat shall affect any grant made on the day on which the caveat is entered, unless notice of such caveat has been received prior to the grant passing the seal. 55. A caveat shall be warned at the place mentioned in it as the address of the person who entered it. 56. It shall be sufficient for the warning of a caveat that a registrar send by the public post a warning signed by himself, and directed to the person who entered it, at the address mentioned in it. 57. Any person intending to oppose a grant of probate or letters of administration, must appear, either person. ally, or by hie proctor, solicitor, or attorney, and enter an appearance iu the principal registry. This rule is to apply whether the person intending to oppose the grant has or has nut been previously warned to a caveat or served with a citation. 53. Citations against all persons in general, and other instruments, heretofore required to bo served by affix:ng them in some public place, are in future to be served by the insertioa of the same as advertizernente in such of the leading morning and evening papers, and such of the local papers, as the judge may from time to time direct. Such citations can only be allowed to issue in cases where there is an affidavit to lead them. 59. The registrars are not to allow probate of the will, or administration with the will annexed, of any blind person, or of any obviously illiterate or ignorant person, to issue, unless they have previously satisfied themselves that the said will was real over to the deceased before its execution, or that the deceased had at such time knowledge of its contents. 60. Whenever, enbeequently to a grant having been made, the value of the personal estate and effects of the deceased person is reeve ern under a different amount, or any renunciation is filed, or any alteretiou i 3 made in the grant, notice of such re-:wearing, renunciation, or alter ation ie without delay to be forwarded by the registrars of the principal registry to all the district registrars. 61. The teal is not to be affixed to any probate or lettere of administration granted in Ireland, so as to give o p era tion thereto as if the grant had been made by the unless s uc h pro b ate or d i v a ly E e n t g a l m an p d e ' d in respect o f t h e per a C i o ta u i„ of t r a P t i r o o a b a b t e e sonal estate and effects of which the deceased died pae. seesel in England, and unless the same appear from a stamp on the probate or letters of administration cx from a certifi ca t e o f the Commissioners of Inland Re pressly denoting the saute, or unless the same appear venue or their proper officer. 62. In all cases where application ie matte for letters of administration (either with or without a will annexed) of the golds of a bastard dying a bachelor, or a spinster, or a widower, or widow, without issue, or of a person dying without known relation, notice of such application is to be given to her Majesty's procnr4t9r•general, in UNATTACHED, Lieut. D. D. Greentree, from the 64th Foot, to be Capt., without purchase. HOSPITAL STAFF. TO BE ABSISTANT-SURG,ONS TO THE FORCES. Eugene Francis O'Leary, late Acting Assistant-Surgeon, vices L'Estrange, appointed to the 16th Foot. Edward Bruck, Gent., vice Herbert, appoints(' to the 45th Foot. Harry Reid, M.D., vice Me Shane, appointed to the 58th Foot. William Sly, Gent., vice Hayden, appointed to 60th Foot. William John ainney, M. 8., vice Wade, appointed to the 60th Foot. John Trehaue Symons, MD. vice Neill, appointed to the 65th Foot. Mi c h ae l Quinlan, Gent., vice Alexander, appointed to the Rifle Brigade. Rubort Brown Forsyth-Brown, Gent., vice Kehoe, ap pointed to the Cap e M ounte d Rifles. Thomas John O'Grady, Gent., vice Crane, appointed to the 90th Foot. Robert Thomas Scott, Gent., vice Applin, appointed to the 63th Foot. BREVET. Colonel John Hungerford Griffin, retired fall-pay of the Royal Artillery, to be Major-General, the rank being ho norary only. The undermentioned Officers, having completed three years' actual service, on the 12th December, 1857, in the rank of Lieutenant-Colonel, to be Colonels in the Army, under the Royal Warrant of Gth October, 1834 : Lieutenant-Colonel Thomas W. M'Mahon, sth Dragoon uards. Lieutenant-Colonel Alexander Low, 4th Light Dragoons. COMMISSIONS SIGNED BY LORDS LIEUTENANT. County of Sent—Sir Culling EardleyEariley, Bart., to be Deputy Lieutenant. Ist or Western Regiment of Norfolk Militia—Thomas Jones Sherwood, Gent., to be Ensign. Norfolk MilitiA..4. 4illery—Count Melchior Gurowski de Wezall to be See? l * - Lieutenant. Royal North Lincoln Militia—George Rooke, Gent., to be Ensign, vice Smith, promoted. BANK OF ENGLAND. An Account, pursuant to the Act 7th and Bth Victoria, cap. 32, fel' the Week ending on Wednesday, the 6th day of Jan., 1858. Isstj DkpaaThara. Sotcs issued Government (10bt..• .. 11,013,100 Other securities .... 3,4:59,900 Gold coin and bullion 12,112,925 Silver bu11i0n........ -- 2G,587,925 £26,537,925 £ Dated the 7th clay of Jan., 1858.31. MIRSLIALL , Chief Cashier., RANKING DEPARTMENT. P ro prietors' capital 14,553,000 Ilest • • • • • • Public deposits (in- Exchequer, Coin nissio ers of National Debt, Say- Banks, sod _ . Government securities (includg.llead Weigh t Annuity) .. • • • . 7,765,309 Other Securities 25,';61,06, Notes ...... • • • • • . Gold awl Silver Coin 530,268 Dividend Accounts) 7,190,661 Other deposits •••• • • 14,815,877 Scveli Day and other - Bills •.••••• • •• • • • • 850,020 £41,015,563 X 11,015,563 MARSHALL, Chief Cashier. Datcd the 7th day of ,f„ ., 185; AVERAGE PRICE OF SUGAR. The Average Price of Brown or Muscovado Sugar, com puted froze the returns made in the weak ending Jan. 5, 1857, exclusive of the Duties of Customs paid tr payable thereon, on the importation thereof into Great Britain : s. d. From the British Possessions in America 2d 10 l 3 NKIWpTCIE3 ANNULLED. Thomas Taylor, hatter Haitino . s, county of SWAM. Georg Ward, hotel keeper, Sandg,ate, county of Kent, • BANKRUPTS. Jabez Chambers, grocer Cheltenham, Jan. 19 and Feb. 16, at eleven, at the Bristol District Court of Bankruptcy. Wm. Hamill, butcher, Bury St. Edmund's, Jan. 22, at one, and Feb. 2, at eleven , at the Court of Bankruptcy' Tuotnas Tayl or , tailor, Hastinc , s, Jan. 20, at one, and Feb. 19, at twelve, at the Court of Bankruptcy. 1 Daniel Davies, clothier, Bread-street Hill, Jan. 19, pt ono, and Feb. lg, at eleven, at the Court of Bankruptcy!. George 'Wilkins, grocer, Portsea, Hants, Jan. 22, at two, and F e b. 9, at eleven at the Court of Bankruptcy. William Hustwill, linen draper, Wilson-street, Fins. JANUARY -9, 18m8 bury, Jan, 19, at three, and Feb. 19, - at eleven, at the Court of Bankruptcy. William Tebby, cheesemonger, Great Castle-street, Ca vendish-square, Jan. 21, at eleven, and Feb. 16, at twelve, at the Court of Bankruptcy. . . . _ James Metcalfe and Christopher Metcalfe, tailors, Rich mond, Yorkshire, Jan. 26 and Feb. 23, at eleven, at the Leeds District Court. Pain Arnold, manufacturer, Manchester, Jan. 25, and Feb. 15, at eleven, at the Manchester District Court. William Hancock, builder, Manchester, Jan. 19, and Feb. 16, at one, at the Manchester District Court. Jobn Stuart, coffeehouse-keeper, Wigan, Jan. 19 and Feb. 9, at twelve, at the Manchester District Court. William Mowbray Lookup, banker, Staindrop, Jan. 14, at half•past eleven, and March 4, at twelve, at the Newcastle-upon-Tyne District Court. In the matter of Groux's Improved Soap Company (Limited), the Commissioner has appointed Tuesday, Feb. 2, at the Court of Bankruptcy, for the settlement of the affairs of this company. James Parker and James Ronald, commission agents, Bread-street, Jan. 20, at half-past eleven, and March 1, at one, at the Court of Bankruptcy. John Bullen, butcher, Leather-lane, Holborn, Jan. 18, at one, and March 1, at twelve, at the Court of Bank ruptcy. Thomas Butler, licensed victualler, Priory-road, Wands worth-road, Jan. 20, at half-past one, and March 1, at eleven, at the Court of Bankruptcy. Andrew Thompson Honeyman Dalziel, licensed victual ler, Liverpool, Jan. 15 and Feb. 11, at eleven, at the Liver pool District Court. William Oxlade, coal merchant, York, Jan. 26 and Feb. 23, at half-past eleven, at the Commercial-buildings, Leeds. James Moorhouse, cotton spinner, Howgill, Yorkshire, Jan. 26 and Feb. 22, at twelve, at the Commercial-build ings, Leeds. Chatburn Cockcroft, picker maker, Stansfield, Halifax, Jan. 19, at half-past eleven, and Feb. 16, at eleven, al the Leeds District Court. _ . Thomas Oliver and Andrew Oliver, lace manufacturers, Nottingham, Jan. 21, and Feb. 9, at half-past tev, at the Shirehall, Nottingham. Tom Smith and William Fletcher, commission agents, Bradford, Jan. 21 and Feb. 19, at eleven, at the Leods District Court. Edmund Cockshott and John Cockshott, worsted manu facturers, Bradford, Jan. 28 and Feb. 26, at eleven, at the Leeds District Court. John Mayor Brown, apothecary, Kinston, Warwick shire, Jan. 21 an 1 Feb. 11, at half-past eleven, at the Birmingham District Court. Joseph Thompson, jun.. plumber, Dudley, Worcester shire, Jan. 20 and Feb. 10, at half-past ten, at the Bir mingham District Court. Edward R. Daunt and Brother, general merchants, Liver pool, Jan. 15 and Feb. 11, at eleven, at the Liverpool Dis trict Court. _ _ _ Jamas Laidlaw, insurance broker, Liverpool, Jan. 26 and Feb. 23, at twelve, at the Liverpool District Court. SCOTCH SEQUESTRATIONS. John Moffat, tanner and currier, Annan. Chappell an.l Anderson, brick-makers, Glasgow. William Russell, g rocer , Glasgow. Cay, Ogilvie, and Company, merchants, Leith. Donald M`Glashan, wino merchant, Edinburgh. Alexander Mitchell, manufacturer, Glasgow. James Morrison, innkeeper, Port Elphinstone, Aber. doenshire. Robert Philp, builder, Glasgow. supposed to have been killed—no account of him since the mutiny at Delhi took place. Mr. It. N. Settle, Sub-Conductor, Delhi, May 11, 1857 supposed to have been killed—no account of him since the mutiny at Delhi took place. No. 5. Mr. George Connor, Sub-Conductor, Delhi, May 11, 1857, supposed to have been killed— no account of him since the mutiny at Delhi took place. Sergeant Isaac Hoyle, Park-Sergeant, Delhi, May 11, 1857, killed by Sepoys while proceeding to the magazine. No. 7. Mr. Geoffry Coleman, Conductor, Allahabad, June 22, 1857, died of wounds by insurgents. Mr. Nicholas Reilly, Assistant Commissary of Ordnance, Cawnpore, June, 1857, supposed to have been killed, no account having been received of him since the station has been reoccupied. Mr. George IL Manviil, Officiating Sub-Conductor, Cawnpore, June, 1857, supposed to have been killed, no account having been received of him since the station has been reoccupied. Mr. Richard Saunders, Magazine-Sergeant, Cawnpore, June, 1857, supposed to have been killed, no account hav ing been received of him since the station has been re occupied. No. 11. Mr. Matthew Jones, Conductor and Engineer, Putty ghat., June, believed to have been killed at Futtyghur, or on the river between that station and Cawnpore, but no account has been received of him. Mr. Michael flohan, Conductor, Futtyghur, June, be lieved to have been killed at Futtyghur, or on the river between that station and Cawnpore, but no account has been received of him. Mr. Patrick Hammond, Sub-Conductor and Assistant- Engineer, Futtyghur, June, believed to have been killed at Futtyghur, or on the river between that station and Cawn pore, but no account has been received of him. The wives and children of all the warrant and non-com missioned officers have been killed, with exception to Nos. 5,7, and 11. A. ABBOTT, Colonel, Inspector-General of Ordnance and Magazines. Fort William, Ordnance Office, Nov. 11, 1857. POLICE IS TELLIGEACE—Jan. 8. MARLBOROUGH STREET. Mr. Dyer, jeweller, 96, Regent-street, applied to Mr. Bing ham for an assault warrant against Col. Grenfell, Hill's Hotel, Spring-gardens. Colonel Grenfell purchased a watch at the shop a short time ago, which was brought back to be regulated, as a com plaint was made that it did not keep correct time. The watch was put in order, and Colonel Grenfell took it away that morning, but brought it back about an hour or so afterwards, and stated that he wished to return the watch and have his money back. He told Colonel Grenfell that he would do anything to the watch that it might require to make it go perfectly, or he would exchange it, but he must decline to return the money. Colonel Grenfell immediately struck him a blow on the face with his open hand, and was leaving the shop when he told his assistant to shut the door and fetch a policeman. The young man placed himself in the way of Colonel Grenfell, who gave him a violent blow on the mouth and left the shop. Mr. Bingham said the blow received by the coin plainant was more in the nature of an insulti ng blow than a blow to do serious injury. Now, the law would hardly justify the complainant in giving a person into custody whose name and address he was in possession of for inflicting a blow in his shop, nor could the constable have taken the charge, not having witnessed the assault. Then, with respect to the assault on the young man, the complainant proceeded to imprison his assailant a little— Complainant said he did not detain the Colonel. Mr. Bingham understood the complainant to say ho had shut the door in order to detain this gentleman until a constable came. If this were so, the complainant was detaining the gentleman with out reasonable cause, and then came the nice point how far the person detained was justified in using reasonable force to remove an impediment placed in his way. If, however, the complainant chose to press the case, he might take a summons. Mr. Dyer asked for a warrant, as Colonel Gren fell was to leave for America that evening. Mr. Bingham said if a warrant was necessary it should be granted. WORSHIP-STREET.—Mr. John Sharpe, a fruit salesman in Thames-street, attended before Mr. D'Eyncourt, at the instance of the district Board of Works of Whitechapel, to answer an in formation in which ho was charged with being the owner of certain houses in that parish which were wholly unfit for occupation. Mr. Wm. Coward, the sanitary inspector of the district, said, that in consequence of being informed that numerous cases of malignant fever had occurred within three weeks in the court in which the houses in question were situated, he on the 4th inst. visited the place officially, in order to examine and report upon its condition. The court consisted of a cluster of four or five-roomed houses, abutting at the rear upon a high walls which had the effect of greatly excluding light and ventilation, and the houses were let out in tenements to different poor families, In the first house he entered he found the front room occupied by a man and his wife and three grown-up daughters, the latter of whom were all affected by fever ; and the adjoining room was occupied by another man and wife and four chil dren, two of whom were suffering from the same disease, and were apparently in a dangerous state. All the other rooms in that and the adjoining houses were equally overcrowded with poor occu pants of both sexes, without that proper regard for the requirements of common decency that ought to be exhibited, and displayed the same features of dirtiness, disease, and destitution, to a greater or less extent. Mr: Liddie, the medical officer to the Board, fully confirmed the evidence of the last witness with respect to the offensive and improper condition of the habitations, which was detrimental to the health of the tenants, and calculated to spread its effects through the surrounding neighbourhood. The defendant at once candidly acknowledged that a s far as his houses w e re c o n cerne d th e y wei o certainly net in so satisfactory a state for habita tion as he should wish, but he assured the magis trate that since he had kad it it had been a most expensive property to him ; and as a confirmation of that, .he might mentio n th a t eac h of the houses was subject to a ground rent of 81., and that he had altogether sustained a loss of several hundred pounds since the property had come into his pos session; indeed, he was so thoroughly worn out with vexation abou it that he was almost inclined to offer a handsome bonus to any one who would take it off his hands. Mr. D'Eyncourt said that, as the' condition of various premises had been so clearly deposed t?, and so freely admitted by the defendant himself, it only remained for him to make an order that the necessary steps should be adopted for the effectual cleansing and ventilation of the houses ; and lie felt that he must also, under such circumstances, issue an order for the immediate expulsion of the tenants, in accordance with the provisions of the Act. The inspector thought there would be a good deal of difficulty attendi n g the expulsion of the tenants, as there generally was in such cases ; but the magistrate told hi m to explain to them that it was compulsory, and that under the 14th section of the statute they were liable to a penalty of 20s. for every day they retained possession after the notice of removal had been served upon them. LAMBETH.—Thomas Scott, a youth of 16 years of age, and Charles Crisp, aged 15, were charged before the Hon. G. C. Norton with stealing a corn sack of the value of ls. 6d. from a waggon in Lam beth-walk. The evidence against the prisoners was perfectly conclusive of their guilt. Scott was seen to take the sack from the waggon and give it to Crisp, and both were taken with the sack in their possession. The prisoner Scott, it was said, was of respectable parents and had a comfortable home, but such was his disposition to dishonest practices that he fre quently absented himself from the roof of his parents to indulge in his propensities, and on two occasions be had been summarily convicted and sent to prison from this court. His sister, a respectable-looking young woman, informed the magistrate that on one occasion, observing that the prisoner was about to leave home to join his companions in crime, she locked up his &othes to prevent him, but he swore at her so, and made use of such threats as to run her through with a knife, that she was glad to give them up to him. Both th© prisoners pleaded guilty, and Mr. Norton was about to order the gaoler to give them a sound flogging, when he discovered that both were over the age of 14, and therefore the Act of Parliament would not justify him in making such an order. A long experience enabled him to say, that a sound flogging had a much more salutary effect on juvenile offenders than imprisonment, and he observed that prisoners who mre whipped sel dom returned, while those who were committed to prison invariably came back again and again. He (Mr. Norton) considered that a great deal might be accomplished in the way of reformation by altering the law so as to give the magistrates the power of ordering flogging up to the age of 16, instead of 14, as at present. In the ease of the prisoner Scott,. it was clear that a prison had lost all its terrors for him, and that a goad whipping would be the proper punishment for the present offence, yet he (Mr. Norton) could not legally order it, he being over 14 years of age, and on this point the law, he thought, could be most advantageously altered. Addressing Scott he asked the prisoner . whether h e whipped and dischargedt o would piefer his being being sent to prison, a nd he replied he should prefer being sent to prison, and the other prisoner said the same, upon which Mr. Norton remar k ed that, the choice made by the prisoners was a confir matit.n of his opinion, and said that reform a t or i es wont' be found. ineffectual until the law, as he sug gested should be altered. Be was tbe.e about to comm it the prisoners to the House cf C orrec ti on , but they h a ving in the interim plucked up cou rage, said they would be whipped and discharged, and Cooke, the gaoler, gave them a Sound flogging. Country Markets. LIVERPOOL-JAN. 8. We have had a good inquiry for wheat at our corn ex change this morning, and holders are veryfirm in demand ing such an, advance as buyers will not readily comply with ; the result is only a moderate amount of business, on which we raise our quotations for good useful qualities ld to 2d. Flour in some request, and a trifle dearer for su perior parcels. Barley and beans a slow sale. Oats and oatmeal steady. American mixed and yellow corn must be noted fid, Galatz and Odessa I s per qr. cheaper ; white corn supports its late value. In oats and shelling no alteration. WAKEFIELD—JAN. 8. Wheat was generally held fully 18 per qr. over last Fri. day's rates, but business proceeds slowly, the return of mild open weather operating unfavourably on the trade. DESPATCHES FROM INDIA. (From the London Gazette of last evening.) INDIA BOARD, JAN. 8. The following despatch has been received at the Easi India House: No. 1. The Governor-General of India in Council to the Cour of Directors of the East India Company. Fort William, Foreign Department November 23, 1857. (No. 74 ) In continuation of our letter, No. 71, dated 9th inst., we beg to submit herewith a further list of persons killed or wounded by the mutineers, extracted from the letters addressed to this department. We also furnish copy of an office memorandum received from the military de parttnent, enclosing a similar return in conformity with our requisition. We have, &c. CANNING. J. DORIN. J. LOW. B. PEACOCK. No. 2. List of Europeans killed by Rebels, prepared at the Foreign-oil - leo, Calcutta. Colonel J. Platt, 23d NJ., Indore, Ist July, shot down by the men of the Quarter Guard. Captain J. Fagan, 23d N. 1., Indere, Ist July, shot down by the men of the Quarter Guard. Major A. Harris, Ist Light Cavalry, Indore, Ist July, way laic], and shot down by his own men. _ Mr. McMahon, Railway Contractor, Indere, lst July, murdered by the Intlore mutineers. Dr. J. M. Knapp, Residency Surgeon, Indore, lst July, murdered by the Indore mutineers. Mr 9. Beauvais, Indora, Ist July, murdered by the In dore mutineers. Mrs. Crawley and one child, Indore, Ist July, murdered by the Indore mutineers. Mrs. Norris, sour., Indore, Ist July, murdered by the Indore mutineers. Mrs. Norris, junr., Indore, Ist July, murdered by the Indore mutineers. Mr. Murray, Indore, Ist July, murdered by the Indore mutineers. _ _ Four children (names not known), Indore, lat July, mur dered by the Indore mutineers. Mr. Payne, Indore, let J aly, murdered by the Indore mutineers. Mr. Alphonzo, Indore, Ist July, murdered by the In dore mutineers. Mr. Macbeth, with wife and child, Indore, 1o.: July, murdered by the Indore mutineers. Mr. Butler and wife, Indore, let July, murdered by the Indore mutineers. Two more bodies found, names not known, Indore, Ist July, murdered by the Indere mutineers. Colonel S. Fisher, commanding 15th Irregular Cavalry, Sultanpore, killed by mutineers of the 15th Irregular Cavalry, Bth Oude, N. 1., and Police Corps. Captain A. Gibbins, second in command, Sultanpore, killed by mutineers of the 15th Irregular Cavalry, Bth Oude NJ., and Police Corps. Mr. A. H. G. Block, Deputy Commissioner, Sultanpore, killed by mutineers of the 15th Irregular Cavalry, Bth Onde N.l. ' and Police Corps. Mr. S. J. Stroyan, Assistant Commissioner, Sultanpore, killed by mutineers of the 15th Irregular Cavalry, Bth Oude N. 1., and Police Corps. Sergeant-Major Mathews, 6th Irregulars, 9th June, shot by Oude mutineers on the river below Fyzabad. Lieut.-Colonel Goldney, Commissioner, Fyzabad Divi sion, 9th June, murdered by Oude mutinoers on the river below Fyzabad. Lieut. Bright, 22,1 N. 1., 9th Juno, butchered by Oude mutineers on the, river below Fyzabad. Sergeant-Major Hollam, 22.1 NJ., and his wife, 9th June, butchered by Oude mutineers on the river below Fyzabad. Quartermaster -Sergeant Ruszell, 22(1 N. 1., 9th June, butchered by Oude mutineers on the river below Fyzabad. Lieutenant Cautley, 221 N. 1., Fyzabad, 9th June, mur dered by villagers at a place called Mobadubba. Lieutenant Ritchie, '22d N. 1., Fyzabad, 9th June, mur dered by villagers at a place called Mobadubba. Sergeant-Major Edwards, Artillery, Fyzabad, 9th June, murdered by villagers at a place called Mobadubba. Lieutenant English, 22d N. 1., Fyzabad, 9th June, mur dered by villagers at a place called Mobadubba. Lieutenant Thomas, 22d N. 1., Fyzabad, 9th Juno, mur dered by villagers at a place called Mobadubba. Lieutenant•Thmas, 22d N.I. Fyzabad, 9th June, mur dered by villagers at a place called Mobadubba. Lieutenant Lindesay, 22d N.I. Fyzabad, 9th June, murdered by villagers at a place called Mobadubba. Lieutenant Parsons, 3d Irregular Cavalry, Fyzabad, 9th June, drowned while trying to escape from Fyzabad mutineers. Major Mill, Artillery, Fyzabad, 9th Juno, drowned while trying to escape from Fyzabad mutineers. Lieutenant R. Currie, Artillery, Fyzabad, 9th June, drowned while trying to escape from Fyzabad mutineers. Captain A. W. Ilawkins's two children, Gwalior, 13th and 14th May, murdered by the mutinous corps of the Gwalior Contingent. Mrs. Captain W. Stewart, and one child, Gwalior, 13th and 14th May, murdered by the mutinous corps of the Gwalior Contingent. Sergeant-Major Piko, Gwalior, 13th and 14th May, mur dered by the mutinous corps of the Gwalior Contingent. Sergeant-Major Twitchin, Gwalior, 13th and 14th May, murdered by the mutinous corps of the Gwalior Con tingent. Oaartormaster-Sergeant Webb, Gwalior, 13th and 14th May, murdered by the mutinous corps of the Gwalior Con tingent. Park-Scrgoant Cronin, Gwalior, 13th and 14th May, murdercd by the mutinous corps of the Gwalior _Con tingent. Pensioner Hill, Gwalior, 13th and 14th May, murdered by the mutinous corps of the Gwalior Contingent. Pensioner Collins, Gwalior, 13th and 14th May, mur dered by the mutinous corps of the Gwalior Contingent. Mr. DaCosta, Head Clerk, Residency, and . his family, Gwalior, 13th and 14th May, particulars not known. Mr. Smalley, died on the way to Mahoba. Major Kirke, 19th June, died on the way to Mahoba. Sergeant-Major Lucas, 19th June, died on the way to Mahoba. Mr. Longdale, died on the way to Mahoba. Lieutenant Barber, died on the way to Mahoba. Lieutenant Ewart, died on the way to Nagode. Dr. Mawe, died on the way to Nagodo. Spattiswooda, 55th Native Infantry, Nowshera, committed suicide when his regiment mutinied. Mr. I3enjaw and wife, Banda, 15th Juno, murdered by the Banda Nawab's troops. Mr. Bruce, his mother and sister, Banda, 15th June, murdered by the Banda Nawab's troops. Mr. Bunter, and some of his relations, Humeorpore, 14th June, murdered by the mutineers. Lieut. F. McGregor, 51W N. 1., 27th Sept., killed by the mutineers at Kuttiogee, near Jubbulpore. No. 3. OFFICE MEMORANDUM. Military Department, Calcutta, Nov. 18, 1857. The undersigned has the honour to transmit to the Foreign Department copy of a return received from the Inspector-general of Ordnance, containing the names Of Conductors Scully and Coleman, and Sergeant Hoyle, who have been eel (luring the mutiny, and the names of other parti,:u of whose death no certain information has been received. _ _ . 2. The return now sent is the 1 . 175 t received in con• , equencs of the requisition from the Foreign Depart ment. The other prties who have not yet replied vill be reminded to furnish returns as quickly as possible. R. J. IT. BIRCH, CAonel, Secretary to the Government of India, in the Mililary Department. Return of Persons Killed by Mutineers. Lieutenant-Colonel F. R. Razely, Principal Commissary' of o;thiance, Lucknow, Sept. 25, 1857, killed in action. Lieutenant G. G. Willoughby, Officiating Commissary: of Orkin:ince, Delhi, believed to have boon killed or to have died of 'wounds. Mr. John Scully, Conductor of Oldnance, Delhi, May 11, 1857, killed by explosion of the Delhi Magazine. Mr, J. Nolan,Conductor of Ordnance, Delhi, May 11,1857, EXETER-JAN. 8. COEN.—Wheat, 6s 3d to 7s 6d ; barley, 411 to 4s 61 ; grinding do., Ok Od to Os Od. Oatsy 2s 9d to 3 3 0,1. Beans, Os Od to 0 Od. Peas, 00s Od t 6 00s Od. _ _ FLOIIII.—Fine, 36s Od to 38a0d ; seconds, Od to 351 Od per sack. CATTLE. —There was a small supply of bullocks. Best beef, from 9s Od to lls Od per score • inferior, 7s to 8s per score ; fat calves, Od. to 61 per lb ; barrenners, Os Od to Oa 041. per score ; cows and calves, 121. to 20/. Us ; butchers' calves, Od to 7d per lb., rearing calves —s to s each; sheep, ewes and lambs, 2/. 5s to 31. 5s per couple; ewes, Od to 60 ; wethers, 7d —d ; lambs, 71d to 0 per lb. Pigs, large size, —s to —s ; second size, —s to —s ; slips, —0 to —a ; suckers, —s to s. Rough fat, 44d per lb. Pork carcases from 9s Od to 108 Od per score. BRISTOL SUGAR—JAN. 8. Business was resumed hero on the sth Inst., after the Christmas recess, since when there has been a steady, but not brisk, demand for pan and scale sugars; a..d a mode• rate amount of business bas been transacted, both in landed parcels and in floating cargoes, at prices which establish an average advance of 2s to 3s per cwt. Refiners' produce is much wanted, but is still in short supply, and prices have further advanced is per cwt. Rum—No sale to report, the stocks being all in second hands. COAL MARK Prices of Coals per ton at 5. d. Davison's West Hartley 15 0 Howard's West Hartley Hastings Hartley... ...... 15 0 Netherton 15 0 Holywell 16 6 Canfield Moor Butss 13 6 HT.—JAN. 8. the close of the market Ships at market, 14 Sold, 8. a d. COURSE OF EXCHANGE.—TESTERDAL imsterdam ............ 11 1514 Gibraltar ............... Ditto, three months 11 19 'Leghorn ..•.•.......•• 30 30 Rotterdam ............ 11. 19 Genoa ...... • • ...... 25 85 Antwerp 25 50 iMilan ...... • • Brussels ••.. • ......... 25 50 Venice Hat:Mt:rah ............ 13 6Y. Naples ........ ...... 41 Faris • • 25 25 Messina .... ... 123 Do. three months .. 25 5714 Lisbon ........... .. • . 51 1 4 Marseilles 25 66 Oporto ................ 52% Boardcaux .. • • .....• . IRio Janeiro •••• • .. pc ankfort-on-ltaine 120 Buenos Ayres ...... Berlin •• 'New York,6o days'sight Vienna • • .... 10 45 Philadelphia . Trieste • • 10 45 I PRIORS OP sumos, PEI oz: Petersburg 3414 Foreign Gold In Bars £3 17 9 Madrid 48.14 .Portugal Gold Coin .. 0 0 0 Cadiz 49 !Mexican Dollars .... 0 0 0 Barcelona Seville.. ..... ..• . ..... •• •• .. • • New Dollars •• •• •• 0 Silver iu bars ...... 0 0 0 0 0 LOCAL SHARE MARKETJ. LIVERPOOL, Jaw. 8. STOCK EXCHANGE.—In. the Liverpool Stock Exchange f the unfavourAble news from India has counteracted the favourable effect likely to have resulted from the growing ease in the money market. Lancashire and Yorkshire, 94 4—Edinburgh, Perth, and Dundee, n -Caledonians, 43i—East Lancashire, 93—South Eastern, 21 i—Dutch Rhenish, 21. d.—Loudon and N or th W es t erns , 99i Ditto (1 shares), 9-16---North Eastern, Berwick, 24i-- Sheffields, 39a—Midlands, 931—Eastern Counties, 12d---• Birkenhead, 691. MANCHESTER, JAN. 8. STOCK EXCHANGE —There was a good business doing, and prices are improved. Grand Trunk of Canada, 13i,—. Sheffields, 40i—Dovera, 22—London and North-Virestern, 98}—Midlands, 9 35- —Blackburps, pref., 24.2—Leeds, 941 Caledonian, 44—East Lancashire, 92k. BIRMINGHAM, JAN. 8. STOCK EXCHANGE.—Business in the market generally' dull, but prices must be looked upon as firm. Midland's 93 A--South Staffords, 9 l —London and North Western, 99 1 1 1 1 -Sheffields, 40. RAILWAY TRAFFIO RETURNS. TRAFFIC RETURNS FOR THE WEEK. Miles .1857. NAME OF RAILWAY. 1857. BRITISH. Aberdeen •• •• •• .... •• •• • •• •• Belfast and Ballymena •• •• Belfast and County Down•• .• • • •• •• Birkenhead, Lancashire, and Cheshire Bolton, Blackburn,and West York •• •• Bristol and Exeter •• ....•••••••• • • .. 26% 118 198 X 94 6% 20 Chester and Holyhead..... • Cork, Blackrock, and Passage .• •• •• Cork and Bandon .... .............. Dublin and Belfast J unction Dublin and Drogheda...• • • Dublin and Kingstown' •• •• • •• Dundee and Arbroath .. Dundee, Perth, and Aberdeen Junction Dundalk ant Enniskillen•• .......... East East Lancashire • . ........ 183% 283 203% 465 25 90 2864 16k 637 533 183? 289% 173 g 9g 28 567 177 3013( 171 1083, Eastern Counties and Norfolk.. • .:. Edinburgh and Glasgow ..... • • •• • • • • Edinburgh, Perth, and Dundee.- Exeter and Credlton.. •• • • • • •• Furness Railway •• ••!••••••• •• • • Glasgow, and South-Western•• •• •• •• Great Northern.•... Great Southern and Western (Ireland) Great Western •• •• •• •• •• •• •• •... •• Irish South Eastern Lancaster and Carlisle.. ~.......... Lancashire and Y0rk5hire............ Leeds Northern Liverpool, Crosby, and Southport.... London and North Western •••• London and Blacker all ........ „ London, Brighton, and South Coast.. London and South We5tern......... Londonderry and Enniskillen .• • . Manchester, Buxton, and Matlock, &c. Manchester, Sheffield,and Lincolnshire Manchester and SonthJunction...... Maryport and Carlisle • • ............ Midland •••• • - • • Midland Great Western (Irish) Monklands .... Newcastle and Carlisle.. • • • • North-British • •• •• North Staffordshire North-Western • .• • .• •• •• .. • • • • • •• Scottish C entral .. • • .......... ...... Scottish Midland ........ • Shrewsbury and Birmingham Shrewsbury and Chester Shropshire Union ••• • • . .• South Devon ~ ••••••• • •• •• • • ••• • .. South Eastern.. •• • • • • ... • ........ South Wales .. • • •••• • • • ••• • • South York., Doncaster, and Goole .. Ulster . • • ....• .. . Waterford And Limerick • West Cornwall .... •.• . • • ....... Whitehaven Junction ...... fork and Newcastle, and Berwick & York and North Midland & Leeds.. 1,061 2,365 1,001 5,951 13,218 4,172 12% 682 6,280 25,060 5,424 24,718 18,423 49,209 1,397 12,777 12,929 61$ 9,036 925 1316 23,333 2,552 5,505 6,604 746 2,403 FOREIGN: Dutch Rhenish •• •• •• • ..... Lyons and Mediterranean.......•.. Montereau and Troyes .. •• •• .• Namur and Liege •• Northern of France •• •• •• •• •• •• •• •• Orleans and Central .. Paris and Lyons ...... Parli and Rouen..• • • •• •• •• •• •• •• Paris and Strasburgh •• •••• •• Rouen and Havre •• West andliorth.West of France • ... 1,040 2,33, '916 5,921 12,702 4,359 189 3,21$ 7.432 22.373 5,265 24,301 18,331 22,470 55,072 1,19 6 11,51 6 12,18 6 629 10,00 641 250 26,462 2,726 5,396 7,351 ()99 2,603 ;1,414 35,281 LA.DVERTISEMENT.]—HoIIoway's Pills poilitively the best remedy for the cure of every internal complaint incident to the human frame. The virtues of this won• derful medicine have rendered these invaluable to persons of debilitated constitutions, while to those suffering from derangement of the stomach and bowels, liver, or kidneys, they are equally serviceable, and from their gentle yet positive effect they can be used with the utmost eafety. Thousands of persons have testified that by their use alone they have been restored to health after other remedies had proved unsuccessful.—Sold by all medicine vendors throughout the world; at Pro lessor Holloway's E3tablishmentF, 244, Strand, London, and 80, Maiden-lane, New York ; by A. Stamps, Constantinople ; A. Guidicy, Smyrna ; and IL Muir, Malta. B I It Till S. BOWMAN—On tho 7th inst., at r Stangrove, Edenbridge-, the wife of Abraham 3owman, Esq., of a daughter. Ctosn—On the 7th inst., at Truro, the Rife of Captain Close, KA., oft daughter. DonsoN- On the 6th inst., the wife of Mr. Honig Dodson, of Cambtidge Lodge, Beckenham Kent, and of Blackman• street, London, of a daughter. HATA —On tie 7th inst., at Ofiley, tho wife of Henry Grind stop Hale, Esq.; of a son. MARRIAGES. FOSTER—Jos — Oa the 7th inst., at the Church of the 11011 Angelina, daughter of thel a t e R o b ert Jo b , Esq. William Foster, E sq., of Wostbourne Grove, to KELSEY—READ — On the 7th inst., at Mare-street Chapel, Hackney, Mr. George Kelsey, of Well-street, Hackney, and Gresham-street, city, to Eliza, the eldest daughter of Mr. G. Read, of Mare street. DEATH S. ALLsor—f,nthe 6th inst., at St. Saviour's, Southwark, John AllsoP, Esq., aged 85. BARR—Ott the 7th inst., at Loughborough-road, Brixton, Mr. James Barr, for more than 50 years employed in the Colonial mark e t, aged S 4. BETTS—Ou the 7th inst., at I, Shaftesbury Villas, Kensing ton, D av i t B e tts, Esq., aged 43. —On the sth inst., at Ilotham-house, Yorkshire, J. E. Brooke, Esq., a g ed Ganqurn —On the Bth inst., at 32, Fitzroy-square, Edward Griffith Esq., F.R.S., for mmy y ears one o f th e M as t er s , of her Majesty's Court of Common Pleas, at Westminster, aged 68. HARRIS —On the 7th inst., at 5, Montpelier-road, Peckham, Joseph Harris, Esq., Itte Supervisor of the Stamp Office, Somerset-house, aged 67. LotrooN Printed and Pubilahed by MURDO YOUNC ► of No, 112, Strand, Printer, at The Sun Office, Nc. 112, Strand, in the Precinct of the Savoy, in the county of Middlesex, Saturday, January 9, 1858. Receipts. 1856.