The Sun. — London, England, 1846-11-03 00:00:00

41.0+...........• ...........zArl, tk l43l ' 1 ' ' 66 '4 4 ' ' :1 -- rfai tr $ § ...f . .5. - ,f'k ~ 4. - SUN OFFICE, Seven o' Cock. LATEST PRICES OF SHARES, 14 1-34-ZiXs, ASSURANCE, AND OTHER COM P.ANIES' STOCK. UEL/SREFrom ti e Offic4 71 List, D EV i E RY TUESDAY A ND FRIDAY EVENING CONDON, TUESDAY, NOVEMBER 3. _L.::: JOUIV-S7:ricat BANKS. tc • aiz o of Company. I I):3,;dend Amount per of Antrum. Share. .....„....,,.....1.-..... instralaala .. •••• • • ort h Alzeric • • '6/ . per cent. F441;111,4 5/. per cen t . onin r cial of Lond.or, 5/. p er cent. folonialao .• •••• • • , 51• per cent. Lencln and • Westrth' ir • 6/. per cent. LOliclon Joi nt -S' . ,ofzii!.. 61.. per cent. Metropolit an . Pruortitnociavlo eire/and. ritC4.ll.gi.na'‘. Oet7lr.e.lan(l : : ar.„ --rovficial of tn. t Il i 1-o tnt°o'fl'AV'sr... .. . . tkion Or LOndraOlinaj • ..--__________ raid. s. sl. 40 0 0 50 0 0 100 0 0 100 0 0 100 0 0 50 0 0 25 0 0 100 0 0 10 0 0 50 0 0 100 0 0 20 0 0 25 0 0 50 0 0 W. per cent. V. per cent, Di. per cent. 51. per cent. 51 . per cent. 61. per cent, 51 . per cent. ITttnae of CorrPanY• Albip n •• •• • • • • ' ''' hitt () Alliance ' LIU. and Por. Atar i ne• • • „ • • British e onntie • Cometrrial .ericl,l4ed. & Cen.Life Crow n " /En. Scot Law • • Euvg4.v c aa Life ••• • • • Fr eroaa ons' f.ilobe ••• • • thlardian •••• • • • Iftoperial Firce • ••• • • • • fimperial Life • • • • • • • * Lnichanity 1.3 w Life. • •• • • • Le gal and • • • Lite Goner r Land London on Fire Bth P • „" "• kerl. & Gen. LI R' Itiati TallXational Loan Fu nd.. on Life.. • •• • „ adal itun Li f.. ••• • • P hcc oix • •• •• •••• • • • • Protector Life.. • • • Provident Life. • • • • • Itock Life.. • • •• • • • • • itoYal Exchange • •• • " 6att Fire.. • • • • • • • '• bilto Life bhiversal .Life ••• • "• 1 'EXST Com ScOluZl Dividend per Annum. Amount ...............14te of Company. Bank of Scotland • " ' . I,o3'sai fl ank of Scotland tom'itish Linen ConaNulY N, ' l, n e i. r i el t , 41 Bank .. ,1,1122,°11 B•Anktlgcolland" 14' .I'n Bank .. . • . • . • . .th of Scotland Bank .4,Tansilale Bank.. .. tli...atern ta,k...... edonlan Bank .•. • • ~,,q, ib.Bt Cassgow Bank -.4 tY Of QtasgOV, Bank ocottish Union Ins. Co. ihlfere4l4 Insurance o. -.,gr. Co. of Seetlnd ,ortil BriUsh Insnr.. • ~,,, s.'Lakdotilan Fire Insnr. 1,...4 — r ''' , 1 gh Life Insur. '.‘tin. StrUlasg. Railway t, pin°, 14 Shares.- • • ~.41n. Leith, & Grantn .I"4W & AnShir Rail. 'Onr& Greenck Rai. wßis o& , .lw arrikirk Bail. ‘tlati.lcieArbroth Rail. 11 am Life As surnee.l ..- K 2, ea of 4 'Pard es. 4Th n 'kehb au 014 5Z4 h 11 4 ng&t o V, ' • tr r o kik ktb e r .. butford...! W. 105. 6 per cent. 61 . per cent, I 3 s. 6d. pr sh. 75. per share 51 • per cent. 10s. 6s. 51. Per cent. 54 per cent. 51 . Per cent. 61 . Per cent. 5 , 1 . Per cent. .‘• and bonus; 12s. -- 11. sh. & bs, I/. ss. 105. 105. 51 . Per cent. 1 • per et. 51 • Per cent. Si. per cent. 5 1. Per cent. 3 /. P. et. & bs. Si. per cent. 11. 58, 45. 51. per cent. 61. 10s. 11. 68, 10 % 1 . pr cnt Dividead per _ Anii - iim. 61. per cent. 61. per cent. Si. per cent. 61. per cent. 61 . per cent. 73yi• Pr cent. 6 1. per cent. 61. per cent. 61. per cent. 51. per cent. 7 %1. pr cent. 61 . per cert. Si. per cent. 51. per cent. 71. per cent. Si. per cent. 5 361. pr cent. 101. per cent. 6/. per cent. 11.108. pert. 78.6 d. p. s. Share, Z s. d. 500 0 0 100 0 0 ,100 0 0 50 0 0 50 0 0 100 0 0 100 0 0 50 0 0 50 0 0 50 0 0 20 0 0 20 0 0 Stock. 100 0 0 500 0 0 100 0 0 100 0 0 100 0 0 50 0 0 25 0 0 25 0 0 100 0 0 50 0 0 20 0 0 100 0 0 50 0 0 20 0 0 100 0 0 5 0 0 Stock. 100 0 Amount of Share. X 8. d 20 0 100 0 10 0 200 0 100 0 100 0 50 0 12 /0 — 2 O 0 71. per cent. 50 0 21. per cent. 25 0 St. per cent. 25 0 6/. per cent. 25 0 N. per cert. 50 0 CANALS. Dividend! per Price, Annum. Xmas of Companies. 51.55. p a l 41. 12/. IMonmouthsh Mntgomrysh • Macclesfield . Heath . • • • • • Nottingham ,Peak Forest. 1100 100 1 100 100 150 1/. ss. Regent's • • • • ilgi,;rek6 • • 1100 67 ' 7-53 slirrollid,sanliereai:• 1,0'ret144:., .!! :0033 3421 i — 5 So i mse k t F e d o ,rsct I ON, el Yd 100 41. 4;4 ,Jtuietn 100 71. 82 shrStffel,Bl74.. Il 111444(!, llnion 100 11. 10s. stourbrid%; iii4trlgnsh. 172 13,1, ...... suffix:tonal fl ,,ratitt,. s tt rkir 100 -2 _ Severn and 4 ' 1, 4(1 ( 1 "` • • ;150 121. _ Wye_ Rail. ken, 'l'sfielci.l 57 —A 63i Trot& .511 5 Lan e ' 8. 4 ' l l' 39 7s. 6 % sh- , Lts,:k!.. 47 1 341,5. 520 Thams&Med 1. Le-i-st 14,11 a 100 lO5 worcstr &/ 78 L.,.,_ er ~.. 140 101. _2 Binning. I:Z4uAlsithi 83 41. 5 wn ts & mks 671 rt. Ukhheroghll42 701. 850 - - DOCKS. Amoefunt Paid. .....troe of Con:year. Dividend per Annum. i Share. -__.__---- x a. d. Colnierci 1 ka, a' •• •• ••••• 3/. per cent. Stock. Fact sild West India... 61. pr cent. Stock. 13,,°".t.r.Y. .:::::::: 11• per sh. 100 0 0 51. Dr cent. Stock. _ St-Katharine •••• • • 5 Der t• gouthainDtort • • :..... 41. per eceenni. alr 0% , 50 0 0 I -- WATXI4-.‘I7O7ItIES -----------, ; Dividend "- Name of Company. I pe r —4.stUit ~Annual. s:a r f . ................... - 1 East ondon.".. •• •. X a. d. Grand Junction .... • • 34 8/* 1 00 0 0 - Kent. Vauxball .......... :..... 2/. 10s. 41 is 4 . 100 0 0 West Atiddl '" " 5511..5p:rprceenutt: 1 6 0 3 0 1 ( 2 1 4:3) --. 1 CHa,..,._._ _____"'""--.-..............._..........................___ IN 11.Y.-.....(This DAY.) IN RE PERDER. The arguments in this case, which were part heard Zesterday, were resumed. The case came before the k . ? . ourt upon motion and petition, and related to the taxa tton of a solicitor's bill. , This case came before the Court upon appeal from _!te decision of the Master of the Rolls, who decided t_hat an and bill of costs might be the subject of Itrguax,lt.tion, and from that decision the appeal was brought. the LORD CIIANCELLOR., at the conclusion of the ment, said he would endeavour to give judgment to -4()trolv morning. tak ing Court then proceeded to hear lunatic petitions, the unopposed. 11 Itt TEE NATTER or WYCE SoDIRItr. Pon this case being called on, the et.,u i ng .11 rt upon the petition of Mr. Dyce Sombre, pra- which came before ktlhad ' t' suPersedeas of the commission of lunacy that ‘ ben issued ty_tainst him, -'71.1t RoLT statcli that he had been requested by Mr. •,,,eali, wh, was engeged in the Vice-Chancellor t 02.1 Morr o Court, to tequest that it might stand over till ii:): OW morning. stand 14°Rri CRANCELLOR could not allow the case to Court.aver to the prejudice of the other business of the Col h _ lie wished to know Whether any proposition subject of th7en made, or was likely to be made, on the krtiesPetition, or any arrangement come to among the kr. It arra„.c. °lir Was not aware of any proposition for an The e nil not that „,441) Crus.licE a thought it most desirable %tractile attempt should be made to come to some e re port ement, as he thought it must be evident, from h_ th ink .of the physicians, what course the Court would nato, 14 ' right to take unless some arrangement was come nd 3 e tbought the best course would be to let th h e case s olloover for a few days, to see if counsel on I)oteomsiing to so'rtiellq Rllticipate what the Court would do by kr ottrrangement. to h ‘-'4lvtu'r was with Mr. Bethel', and was anxio id u e s ~,, e4 r wha t • 1 on the other b ' ' llid - Bliggestion the counsel kr illake • eve ,101..'r sai that cf course, if the case stood over, __ ryt fling maid 41 1' 443 _ remain in statu quo, and no further T he I. must be filed. It is at my tukß3ti LORD CRANcEL Lon_certainly. •,ati bet,ul3 that the case stands over. keilt e_Ler stand over for a week to see mt. ti,Tlot be come to. ifl think some a t r h r e a ng e case . t ieoh ir ~"L't hoped his Lordship would appoint a par- Th e . _ . 4 5' for hearing the case. '''°4l) CIIACELLOII—Let it stand for this day Th krupt t't:t 11(7"/LT then proceeded to hear ban se t. - thi tiorally interest came before the Court previous I tVIT ... • petitions, 71.105. I 13 6/. p. c. 28/. 15/. 20/. 1/. lOs 1/. Bs. I a: 1 X B. d. I - - Paid. I Prii THIS DAY.) h; -4 COURT b`":w. l-3 vrti..i COTTON V. COTTON. ;l,. rti .e3 in al'? petition of Benjamin Cottonwisomnea majority, the '''png ibr-th ett..ttae, and who had obtained e-v:41914i. ,181.1ylind.enct bonfsotiws,o whichsurns, 1 0 l ef claimed 2,92 1/. 4 u s b . d s e d r . Pit one LOL1°101)h Cotton, his father. The testator had oe d on all of his estate to his wifde,tabfeterremhealbteagthbatlof to be . • uetweeti his Children; an tteißoraegl,vert them on the attainment of their majority. ved, the children had beco . me . of age, and accordingly_ The report of the hi liailt ei , , etc respective moieties. TiOrd ( I been made, and the petition was unopposed. or ~,,._ted. ler '''''' no 4 0 were several other similar unopposed petitions, 'tothich possessed any public interest. a 4. 04 e l , eh any or lIERTFORD V. LORD LO t l'V h - Zje6; -.tratiße. presented a petition from P('lier Pra Y i ng the payment of arrears of Countess c eT e ll r I ,_ es to which she laid claim. E tt ß i ;a life qr, ::'. re°,!"ll the staterner.t of the Learned Counsel it ap ti that the tinton Company of Assurance at Paris Uit..a_i.eed tO Pay the late Marquis of Hertford 1 _ _ _ th:rf ra .i of 2,750 francs in half-yeariy payments of 1,i.. lai:ees• 'utile codicil to the will of the Ma..quis of iferttornd b(1 aPpeared the following-, viz. :—" There is a g f reL m ' ,at IVlilan, with rny name, containing letters from eLI/1", &e., which I leave, in case of my death, to Ch Stracklan, a.cl desire that it may be given to !' r unopened." The codicil also bequeathed, after pay -811 certain bequests ,i4e., all the goods, chattels, s , ,', of which the noble testator washattels, pos "A, to Charlottc. Leopuldina, Countess de Zichy-• onrtthh:e29llltillii"if ,tl:liti'c'h, lE , 4:',' the Master made his -report 1 r _._ , 1 s ra . suit ' F' If f dand Lowther, and loil o. e -t or outubnerd t,:at the green box in gr.stion contained, among things, a life annuity bond, dated Milan, April 1,, 1,-Nqm+top rd.' 1 ~'" ~4 ~ TEE SUN, lAONDO/si, TUESDAY EVENING, NOVEMBER 6, 18461 Price Z N. d. 40 0 0 50 0 0 20 0 0 25 0 0 20 0 0 10 0 0 15% 7 10 0 25 0 0 10 0 0 20 0 0 35 0 0 10 0 0 25 0 0 10 0 0 Paid. Pri, X a. d. 50 0 0 71 11 0 0 lE 50 0 5 5 0 0 15 50 0 7 2 10 0 .- 10 0 0 50 0 50 0 5 20 0 3 All paid. 20 3 0 0 1 0 0 1 - 10 0 0 2: 0 10 0 C 15 0 Paid. The arguments having been finished, judgment was deferred. QUEEN'S BENCH.—(THIS DAY.) (Sittings in Banco.) RAILWAY SHARES ON WHICH A CALL IS DIM-- M‘EWEN V. WOODS AND OTHERS. Mr. KNOWLES, Q.C., applied for a rule to show cause why a nonsuit should not be entered in this case. The case was tried at the last Liverpool Assizes before Mr. Justice Cresswell, and a verdict was entered for the plaintiff with the permission of the Learned Judge sub sequently to enter a nonsuit. The acticn was for money 315 had and received. Th e d e f en d ants pleaded non assumpsit. The ground on which Mr. Justice Cress well agreed to the application f or a nonsu i t was the dis puted question, whether an actio n f or money h ad and received, would lie under the circumstances. The defendants are sharebrokers at Liverpool, the plaintiff, a gentleman, residing at Aberdeen. On the 13th of August, 1845, the plaintiff wro t e to t h e d efendants, re questing them t 3 purchase f or hi m 2 0 or 30 shares in the Limerick and Watnford Railway, and carry the amount to the next account. ice. The defendants, who were brokers only, purchased the shares from other br o k ers i n Li verpool, which they notified to the plaintiff, at the same time sending him an 0 invoice, and on the 26th of August, a few days before the account day, which took place at the end of the month, the plaintiff remitted the defendants 1461. 10s., to '3f3 defray the purchase of the sh ares , t h ere f ore th i s was not a transaction between them as principals, as they pur chased the shares for the plaintiff, and did not sell them to him. If they had been the sellers the case would cc. have been different, but the money was simply sent to fulfil a contract into which they had entered on his be half. It is true they made: themselves personally liable to the brokers of whom they purchased these shares. The shares were to be delivered to the plaintiff by the end of August, but between the day of th e p urc h ase and the day for their delivery they were called in by the promoters of the com pany for the purpose of being registered, prepara tory to the payment of a call of 5/. per share, it being understood that no transfer wwald take place until the calls were paid. The persons who had to pay the calls were those who sent in the shares, and as they were sent in by the brokers, they wore the parties looked to. The plaintiff, it would appear, was well aware of the call, as in two letters which he sent to the defendants, bearing date the 22d of September and the 14th of No vember, he expressed his belief that a call was then due. A month or two elapsed *before the shares were re issued, and on the 19th of December the defendants ap plied to the plaintiff for this calls, and enclosed him an invoice for 1511. 10s., they being paid 1501. for the shares, and 1/. 10s. for the stamp. He refused to pay the call, repudiated the bargain, and applied for the re payment of the money he had sent to them, stating that he had expected the shares for that amount. Now he (Mr. Knowles) submitted that he was not in a position to repudiate the bargain, and that he could not sue the defendants for the money, because there wv.s no failure of consideration, inasmuch as they had fulfilled their part of the transac tion. The plaintiff knew- that a call was due, and that unless he paid it he could not obtain the shares. The defendants had paid 1601. altogether on account of the shares. The call was unpaid. Rule granted. THE NEW JUDGES.—The Chief Justice of the Com mon Pleas (Mr. Justice Erie) and Mr. Justice Vaughan, were sworn in in this Court shortly after its sitting this morning. BROMAGE V. VAUGHAN AND BEVAN. Mr. WHATEL E Y moved fora rule to show cause why a nonsuit should not be entered in this case. It was tried at Gloucester before the Chief Justice of the Common Pleas, and the jury gave a verdict for the plaintiff of 1641., with leave to the defendants to enter a nonsuit. The action was brought upon, a bill of ex change, drawn by one of the defendants, Philip Vaughan, accepted by a person named Beaumont, and endorsed by Vaughan in his .own name, and that of the other defendant, they being attorneya in partnership to the plaintiff. The grounds on which a right of nonsuit was granted were simply these—whether the acts of Vaughan was to bind the other defendant (Bevan) and whether a proper notice of dishonour was given. The bill was made payable at the London Joint Stock Bank, whereas the notice of dishonour made it payable at the London and Westminster Bank. However, the two banks are under one management, although situated in different parts of London. Vaughan, it appeared, suffered judgment to go by default, but Bevan pleaded that he was not a party to the ice endorsemen honour. t, and that he did not rece i ve a proper not of dis It appeared, however, that bills drawn by Vaughan in a similar manner were paid with the cognizance of Bevan. Lord DENMAN intimated that he would consult Chief Justice Wilde on the subject. WOOD V. WILLIAMS AND ANOTHER. The plaintiff is a cab owner, and the defendants linen l° ' drapers, carrying on business in Oxford-stterenn beforeri et. action, which was tried in the la s t T r i nity Lord Denman, was brought to recover damages for in juries inflicted on a cab belonging to the ple:intiff by a cart driven by the servant of the defendant. The jury gave a verdict for the plaintiff. It appeared froan the evidence ad duced at the trial that the cab was on s, stand, and that the cart, which was driven by a man named Phillips, came in collision with it, causing the injuries for which com pensation was sought. It came out, however, that the cart was only hired by the defendant from a person named Gamp, who employed his own driver, but on the day in question Phi llips drove it, in the unaviodable absence of the d river; before doing so, pri soner Gamp cautioned him, that if he did so it would be at his own risk. The c ase had been twice tried, each time a verdict having bren returned for the plaintiff. Mr. KNowaEs to-day applied for a new trial, and contended that the verdict was fallacious, inasmuch as the cart was not driven by Phillips on the authority of the defendants. Lord DENMAN turned to his notes, and held tha; 1 1- evidence proved that on the day in question tl , - ' e Phillips was acting as the servant of the defy. e man he had received directions from their fa- " Idants ' as Collins, to drive the cart to a certain - --iernan, named the whole of the evidence, he „dace. Looking at warranted by the evidence_ considered the verdict „ Es . _,,a. POTTER. dr T e E fu ß sd the appli ca ti on . This= case was try er N v wich, bef ore t h 11 at the last summer asbizos at Ips ' ,- v ,. rdict .4 late Mr. Justice Williams when a Air. (v s for the plai!itiff. of mt 4ALLEy I.IIT appeared 'v'ilf''l. h a t nc a w t , trial on thleB‘2s.r,outhnde rOf‘intiff purchased a horse from the defendant for 281, 1837. On the 4th of April an order of nisi was obtained for the purpose of confirming this report. Exceptions were then taken to certain Polish and Austrian bonds contained in the box, which exceptions were allowed. Several other legal steps were then,.had recourse to, and the object , of the present petition was to ascertain whether the Countess was entitled to the amount of the arrears due on the French policy at the testator's decease, as well as the arrear due on the Milan policy. After hearing the arguments on both sides in extenso, Lord LANGDALE went through the case in detail, and having expressed his opinion as to the impropriety of bringing forward the case at all, dismissed the petition with costs. VICE - CHANCERY.-(THIS DAY.) (Before the VICE- CHANCELLOR of ENGLAND.) His Honour the Vice-Chancellor of England took un , opposed cause petitions, motions, and petitions to-day. THORNHILL V. THORNHILL. This case came before the Court upon the petition of the infant, Miss Thornhill, praying that her mother might be continued her guardian, notwithstanding her subsequent marriage. The mother was appointed the guardian of her daughter by a codicil to the will of het late husband, and the petition prayed that she might continue to be so and receive the allowance. The VICE CHANCELLOR made the order. Mr. BETHELL, who appeared for the petitioner, stated that provision had been made on this subject in the mother's marriage settlement. FERDIOR v. POMFRET. This case came before the Court upon the petition of of the present Earl Pomfret, praying for a reference to the Master to inquire whether it would be for the benefit of the petitioner's estate, that certain timber should be Icut down, and certain repairs made. A The VICE CHANCELLOR made the order as prayed. IN THE MATTER OF THE SHREWSBURY ESTATE ACT. This was the petition of the trustees of the Shrewsbury Estate, praying for a reference to the Master to inquire whether the funds in court should be laid out in the purchase of certain lands. The COURT made the order for the reference. _ 135 VARTY V. DUNCAN. o 4834 The Court was occupied the remainder of the day o 230 with the arguments in this case, which came before the 31 ° Court upon motion for the ne w t r i a l o f an i ssue di recte d I O by the Court to inquire whether certain persons were o 6M trustees under a local Act, passed in the reign of George 0 1514 IL of certain premises in the neighbourhood of the 0 15M O Adelphi, between Villiers-street and Buckingham-street, o called York-buildings, and whether, as such trustees, o they had a right to levy rates on the inhabitants of the o s neighbourhood, for the purpose of keeping those build -21. Os. 205 ings in repair. The issue was tried before the Lord Chief Justice, and a verdict found for the plaintiff, 1 and the present application was fur a new tri a l o f th at 76 issue. o Mr. Walker and Mr. Elmslie were in support of the 9 application, and Mr. Bethell and Mr. Schomberg ap peared to oppose it. :s. The arguments not having concluded at the rising of the Court, the case will be proceeded with to-morrow. ice. (Before Vice-Chancellor WIGRAM.) CAMPBELL V. THE BRIGHTON RAILWAY COMPANY. This was a bill filed against the Brighton Railway Company to test the question whether the holders of notes, issued on the loan of 300,0001., can claim the conversion of their notes into shares, if due notice be I4s given of this intention previous to the year 1847. It *2 appears that the company in 1842 resolved to raise a Il i loan of 300,000 L, an d i ssue d 40 1 . l oan notes f or f i ve 1 4 years at five per cent., and on the back of the note was an endorsement which gave the acceptor the option of 1 ) :: converting his notes into quarter shares of 101., upon 6s due notice being given before the 15th February, 1845. cu The defendants contend that these stipulations were % clearly embodied in the advertisement for the loan, the tender, and the endorsement on the loan 4 note, and that while the option to convert was 814 given, it was yet limit e d i n ti me to F e b ruary, 1845, and 2 that the holders who have allowed this period to pass a have thereby lost their right to shares in the company. N Mr. Romilly, Q.C., Mr. Rae, and Mr. Adams, were p‘ heard this morning for th e d e f en d ants . r Mr. BETHELL (with whom was Mr. Goldschmid) re ) plied for the plaintiff, contending on his part, that all that could be viewed by the Court as a contract, was that stipulation which appeared on the face of the loan note. Price. The horse was ultimately attacked with lameness, which was supposed to result from a " splint" in the fore leg of the horse, which existed at the time of the purchase. The defendant had given a written warranty to the plaintiff as to the soundness of the horse. The question, therefore, at the trial was, whether there was a breach of warranty or not. It was shown that the plaintiff had examined the horse before he made the purchase. One of the witnesses of the plaintiff said that the horse had no splint at the time, whilst all the others said that it was distinctly visible in the fore leg. The Learned Judge thus put the case to the jury. If the horse had a splint at the time of the contract, and afterwards produced his lameness, then the warranty was incorrect and the contract void; whereas, he (Mr. O'Malley) contended that the " splint" turned into lameness in consequence of the improper treatment of the purchaser, and that the " splint" was well known at the time of the contract, and was, therefore, excluded from the terms of the warranty. Lord DENMAN took time to consider the application, and in order that he might have an opportunity of con sulting the late Mr. Justice Williams's notes. BAIL COURT.-(T,HIS DAY.) (Sittings in Banco, before Mr. Justice PATTESON.) COOKE V. SIR W. R. TONKIN, KNIGHT. Mr. Pnirtx moved for a rule to show cause why the verdict given for the plaintiff in this case should not be set aside and a new trial granted. The Learned Counsel stated that the cause was tried before the Under-sheriff for Middlesex during the long vacation, and a verdict given for the plaintiff for the sum of 171. 18s. 9d., and he moved for this rule on the ground that the verdict was against evidence, and by misdirection. The action was brought for advertisements and prospectuses for a railway company called the Oxford, Theme High Wycombe, and Uxbridge Junction Railway. The plaintiff was the proprietor of the Oxford Chro nicle, and he sought to fix the defendant as a memb er of the provisional committee. It appeared on the trial that some meetings were held previous to the formation of the company, at an office in Regent -street. The de fendant had acquiesced in a proposal made to him to become a member of the provisional committee. The only evidence adduced on the part of the plaintiff was, that the solicitor to the company had, through his clerk, given orders for the various items in the bill for advertisements, &c., to be inserted, and for papers con taining them. It appeared on the evidence, that on the formation of the company there was a managing committee, as well as a provisional one, and that ma naging committee were entrusted with the affairs of the company. All the items in the plaintiff's bill were for November, and the evidence only, went to show thht the defendant, in October, attended two meetings, which were not regular meetings, but meet ings held before the formation of the company. The managing committee had been appointed before the debt for advertisements had been contracted. When the defendant was a member of the provisional com mittee, it did not appear that there was any company for which they could act. The plaintiff's right to sue after the appointment of the managing committee was clear,but did not show that after the 10th of October any act was committed by the defendant, identifying him with the managing committee which then commenced. He (Mr. Phinn) had submitted to the Under-sheriff that they were entitled to a nonsuit, as the managing Om mittee were prima facie the parties who obtained credit. The presumption certainly was that the credit had been given to the managing committee, if, indeed, it had not been given to the solieitor. Two cases had lately been decided, viz., Lowe v. Wilson, and Banker v. Good. Mr. Justice PATTESON—The cases have been cited frequently. In the Court of Exchequer yesterday, a rule was granted on that very point. There were two cases tried before me at Derby—but then there was some evidence that the provisional committee had au thorised the managing committee to act for themselves, and, of course, the Learned Counsel made the most of that, and it went to the jury on that ground. In this case there does not appear to have been anything done to connect the defendant with the managing committee. It, however, is not intended to be laid down as a matter of law, that on the appointment of the managing com mittee the provisional committee are freed from all liability. The Learned JUDGE said that it was clear that the case must be discussed in full Court, as a great many cases of this kind would arise, containing nearly the same points as the one in which the rule had been granted in the Court of Exchequer yesterday.—Rule granted. (Sittings at Nisi Prins.) PICKFORD AND OTHERS V. LACON. This was an action brought to recover the sum of 31. 45., the sum which the defendant had contracted to pay in consideration of three seats being reserved for him in the plaintiff's coach from Yarmouth to London. Mr. Watson, Q.C. (with whom was Mr. Archbold) appeared for the plaintiff, and Mr. Crowder and Mr. Montague Smith conducted the defence. Mr. WATSON stated the case briefly. The plaintiff was a clerk in the Customs at Newhaven, and in June, 1845, went to Norwich with his wife and servant. On the 16th of June in that year he sent to engage three places in the plaintiff's coach to London for the following day. They entered their places, but on the coach reach ing Yoxford he got out, saying that the coach was over loaded, and proceeded with his wife in a post chaise to London. On the coach arriving at London, application was made to Mr. Lacon for the money for the fare, but he refused to pay it. He stated that the coach was overloaded, but he was the only per son who seemed to entertain such an opinion, for his servant proceeded to London without expressing any desire to leave. His clients had been anxious to try the present case as cheaply as possible, and therefore would have brought it on before the - Under-Sheriff ; but the Learned Judge was of opinion that the nature of the case rendered it desirable that it should be brought forward in ono of the higher Courts. Mr. C. J. Powell proved the license of the coach, which contained the names of the proprietors. Mr. Cooke stated that, in 1845, he was book-keeper at the office at Yarmouth. Has seen all the plaintiffs there, and he has transacted business with them as pro prietors. On the 16th of June in that year the man servant of the defendant came and took three places-- one inside and two out. Directions were given that the passengers were to be taken up at Mr. Lacon's, on the quay. A pound was paid down. There were twelve people outside the coach. - Mr. M'Namara, a railway agent, proved that he was on the coach on the 17th of June. He got up at Lowes toft, a few miles from Yarmouth. Remembers getting to Yoxford about thirty miles from Yarmouth, and there his attention was called to Mr. Lacon, who had been on the box. There were some words between Mr. Lacon and the coachman about an excess of luggage and passengers on the coach. Mr. Lacon sent for a post•chaise and left the coach. This was the plaintiff's case. Mr. CROWDER having addressed the jury, and called certain witnesses to testify as to the loading of the coach, and Mr. WATSON having replied at some length, The Learned JUDGE summed up, and said that he certainly did not consider that the contract for the seat meant allowing a given quantity of room abstractedly from all other considerations, for much inconvenience might arise from such an interpretation. The question for the jury, after all, was, whether the coach was so overloaded as to render the travelling in it of a dangerous character. The jury returned a verdict for the defendant. EXCHEQUER.—(THIS DAY ) (Sittings in Nisi Prins, before Mr. Baron PLATT and a common jury.) WELSBY V. BROWN. This was an action brought by the plaintiff, an attor ney, in the county of Stafford, to recover the sum of 571. I ls. 9d. for professional services rendered by him to the parish of Abbot's Bromley, during the year 1839, and following years, up to the present time, against the defendant, who during the years 1839 and 1840, was one of the overseers of the parish in question. Mr. Martin, Q.C., appeared for the plaintiff, and Mr. Watson, Q.C., for the defendant. It appeared from the evidence given by various wit nesses, called on behalf of the plaintiff, that expenses had been incurred by the plaintiff in the removal of various paupers, attending orders, appeals, and sundry other matters of parochial business. It was contended by Mr. MA RTIN , Q.C., that the de fendant had rendered him se lf li a bl e t o pl a intiff f o r th e payment of his account for services rendcred to the parish, inasmuch as he had himself given the order for the performance of such works or services. Mr. WATsoN, Q.C., on the other hand, contended that the defendant was not liable, and that even if he were so, it was a debt contracted prior to the time allowed by the statute of limitations. The case WES one which would involve a great hardship upon the de fendant if he were cempelled to pay debts con tracted -on behalf of the parislf, and which should properly be paid out of the rates levied from ti;ne to time for that purpose. 'ewes the duty of UP:, plaintiff to apply for his account during the year in, which his services were rendered, as the parish had not even the power to make a prospective rate. The ecount rendered by plaintiff to defendant was not made out to Brown the defendant, but to the parish of Abbot's Bromley ; and in a note sent with the account, plaintiff stated, " I send you my account against the parish of Abbot's Bromley." With reference to those portions of the account referring to periods not affected by the had affairs, asal n a gb n l 3 e r his tt w e m a y y e i a e r c statute of limitations, it was proved in evidence that .nßrown, the defendant, was not the overseer, nor was he o o hf n i sn officeetteet account e d hu withandt expired, xnp theired which, management ahned sottahteerd pt he of its O i hi it he appointedinsisted e a p s ee overseers.er received instructions e n n o s t since e r e he had ceased had a - either ee l- charges made for attend .persons of thosefrom and NVoodroffe, a d of the parish ; on the contrary,.ted to be overseer for his attendane mg upon the there name w e e r r c e ha se m v b e e r r a s l the overseers, but question nßaorf g i path,: n it could for a moment that the d " ' - "Ot therefore, be supposed ..efendant was liable to plaintiff and with or professional advice upon with whom he was not in the least d , - : e lpvash t ne o tNityhte t h h er ere e 7..01 adopted,.gree c t o h n e r n ie , c a t n e y d. per l s f on su w c i l l i o h a l . ad pLa r c o ti n c e e were to Y: o a r r _zi t lied p eetnnhseeis: overseerffi fAoi c r, e l7 ( s ) c f axittafttehrt, would be held liable liability,llenntsltli(:uretlyas no doubt that if the do be clearly liable to plainct"ifonifletht;ist fondant bad se queues of such instructions wesrervfor thiellrespftaer e p h laintiff, lie would real question for the jury to con lc s e i acted upon, even thete.h the he hadr°lll i t tru c plaintiff tita is (Iliinddayertu:,hlliychreceive f tl sd ne err cl e o n : v e rrie n eicssrn cl tl:lic a :d n i t n t hopc that opinion, of Course a verdict t a u t ; i t e be et( d. If they were of given for ti ie a t i; n ild3 :i v o ll o t ir r i k i i . i ( i ' d i r d o t c n b :T o L s t t r j n t s h e e e r l v a o i i c c e e l s e ;: rete t - nr )r de couldm a'bist'eehrrevibideellhalitidi':'LL':.il office, and had no control over the matter. lip If l ouice, ... therefore recommend the jury to find a verdict for the defendant 'for that portion of the claim set up by the plaintiff for services rendered by him during those years in which defendant had ceased to be overseer. The jury accordingly found a verdict for the plaintiff for the sum of 181. 10s. 3d., and for the defendant the sum of 391. ls. 6d. Leave was given to move to enter a verdict for the plaintiff for the latter amount in order to raise the question, which was reserved by Mr. Baron Platt, as to whether the account rendered by plaintiff had or had not been properly delivered by plaintiff. FOXFORTH AND ANOTHER V. KING. This was a case tried at Newcastle-at the last assizes, before Mr. Justice Cresswell, to recover the amount of a policy of insurance effected on the ship Helena, in which a verdict was returned for the plaintiff. Mr. WATSON, Q.C., now moved for leave to enter a verdict for the defendant upon the first and second issues, and also for a new trial, upon the ground of the verdict being against evidence. Upon the first and second issues the Learned Counsel contended that as the plaintiffs had parted with their-interest in the ship, by virtue of a bill of sale which they had effected in favour of a Mr. Hutchinson, to whom the plaintiffs were indebted for sundry repairs done by him to the ship in question, in which bill of sale no mention whatever was made of the policy, plaintiffs could not, therefore, have any claim upon the policy originally effected by them, they having parted with their interest in the ship upon which such policy was made. The ground upon which a new trial was sought was, that the verdict was against evidence, inasmuch as it was proved that the ship was not at the time it was insured in a seaworthy condition and also that a number of augur holes were discovered to have been made in the ship's side, and that in consequence of these holes, combined with her bad condition, the ship went down in still water, and not "in consequence of storms and tempes tuous weather," as set forth by plaintiffs in their decla ration. The COURT stated that they would take time to con- sult Mr. Justice Cresswell, in order to ascertain whether he was satisfied with the nature and amount of evidence given upon the trial. BROWN AND LANGSIDE V. PROUB. In this case which was one of that very numerous class arising out of the "railway department," and which was tried at the last Kent Assizes before Mr. Justice Coltman, a verdict was given for the plaintiff for the sum of 5441. 18s., being the amount claimed for work and labour done as an engineering surveyor for and on behalf of the Direct London and Hastings Railway. The defendant was a member of the provisional com mittee of the said company. Mr. Sergeant SHEA now moved for leave to enter a verdict for the defendant on the ground that he was not indebted to the plaintiffs, and that he bad never employed them to survey the line in question. It appeared that the plaintiffs were employed by two persons of the name of Smith and Ryder, who were described on the prospectuses as engineers to the company. On behalf of the plaintiffs, it was endeavotased to be shown upon the trial that in the case of persons so employed by the engineer, it was the general usage for them to look for payment from the company, and not to the engineer. The witness, however, called to prove this " general usage," could not state or particularise any case in which such usage or custom pre vailed, and in cross-examination stated, that "it pre vailed in large companies, but not in small ones." The Learned Counsel now contended that such evidence should not have been left to the jury, as it was not sufficiently explicit to substantiate the fact. The plaintiffs had also sent their account to Messrs. Smith and Ryder, and in consequence of its not having been paid, they had threatened them with legal pro ceedings for the recovery of the same, thereby clearly showing that they did not consider the defendant hi debted to them, nor was any agreement produced in which it could be shown that either the defendant or the company were at all liable for the payment of the plaintiffs. Upon these grounds, therefore, it was contended that leave should be given to enter a verdict for the defendant. The Court stated that they would take time for the purpose of referring to Mr. Justice Coltman's note upon the evidence given at the trial. COMMON PLEAS. ( THIS DAY.) 'Sittings in Banco before Lord aid Justice Sir Thos, WILDE, Mr. Justice MAULE, Mr. Justice PATTISON, and Mr. Justice V. lirmasxs.) OATHS OF ABJURATION AND SUPREMACY . —. On the assembling of the Court this morning., the oaths of abju ration and supremacy were severally administered by the Clerk of the Court to the Lord Chief Justice and Mr. Vaughan Williams. PATER v. BAKER. CHARGE OF SLANDER.—Mr. Sergeant CHANNEL moved for a rule in this case, which was tried during the last sittings after term in Middlesex, before Mr. Justice Erle. The rule sought was to set aside the verdict which was then obtained for the plaintiff, damages 181. 125., and to enter a nonsuit, or else to grant a new trial, on the ground that the verdict was against evidence. The Learned Judge on the trial thought there was just enough of evidence to allow the case to go to the jury, though he (Mr. Sergeant Channel) believed the Learned Judge was not satisfied with the verdict. Leave at the same time was granted to move on another point, and to obtain leave to enter a nonsuit. The action arose from what is called a slander of title, and originated in the following circumstances:—The plaintiff, Mr. Pater, was a solicitor, and residing in a part of the parish of St. Pancras, called Agar-town, and had been for some time agent and collector for the gentleman from whom the name of the district was derived, and in the course of business he had erected twelve houses.' While in an unfinished state, he adver- tised them for sale, ancl --- a - ifr:Kennedy was employed at the auctioneer. On the day of the sale, the de fendent, who is district surveyor under the Metro politan Building Act, attended the room, and before the business commenced, a dd ress ed the company to the following effect:—His object, in attending the sale, was to inform the purchasers, if any present intended to be such, that he would no t a l low t h e h ou ses in question to be finished or occupi e d t i ll the roa d s i n connexion with them were finish e d. H e could not com p e l the roads to be finished, but h e w i s h ed to inform purc h aser s that they would have to k eep the carcases till the roads w ere made. This w as th e main count i n t h e c h arg e. There was another, whi c h stated that severa l: persons , in con sequence of thi s i nt i mation from Mr. B a k er , d e clined to purchase. The pl a i nt iff denied t h at t h e r oads werein the state represented, and that they were sufficient for conformity with the Act, and an action was accordingly brought to recover damages. The plea of the defendant was not guilty, and in his defence, he went to show that the road way t o t h e houses wa s not such as 9e provisions of the A ct required, an d that the drains were in a most imperfect state. In regard to the charges of M r . Bak er res pecting the property, some time after the day of the sale the matter was re ferred to the Commissioners, and they caused a view of the property to be tak en. Th e o fficial referees decided that the drains were in an imperfect state, but that there was a roadway to the front of the houses wide enough to allow a scavenger's cart to pass, and therefore wide enough for th e requ i rements of the Act ; b u t that it was in a very ro ug h an d unfinished state. Th e d e fendant, however, in resp ec t to the road, ca ll e d a ttention to the fact, that si nce th e time he had atten d e d th e sale it had been much imp rove d ; and further, that the w hole pro perty of M. r . Agar, o f w hi c h M r . P a ter was agent, was in a most imperfect s t ate i n regar d to drainage and road accommodation. Th e d efen d ant , i n the course he had taken, act e d f rom no malicious mot i ves , but from strong sense of hi s d uty to t h e pu blic, a fact which the judge had commented on when summing up. He (Mr, Sergeant Channel) hoped, therefore, that their Lord ships would grant the rule to show cause against the verdict, and that they would consult the judge as to whether he had considered the verdict satisfactorily. Rule nisi granted to show cause against the verdict. DA.W SON V. MORRISON.-LIABILITY OF PROVISIONAL DIRECTORS.-THE OXFORD, WITNEY, CHELTENHAM, AND GLOUCESTER INDEPENDENT RAILWAY. This action was tried at the last Surrey assizes, before Mr. Justice Coltman, and a verdict given for the defen dant. A rule was now sought to set aside the verdict, on the grounds that it was against evidence and for mis direction, The plaintiff was Mr. Dawson, the advertising agent, who sought to recover 4961. for advertisements in serted in various newspapers announcing a cer tain scheme, ir.ja m e c s alle d Morrison, , e O o x f fosrtd., Mary-at hill, n . a e y ' t - hill, one of the Cheltenham, and Glo uce st er Independent Railway; the defendant railwayw was jl provisional di rec t ors o f th e said company. ht t h aa e dp pa d el e as f or e e n bd t e l a es n un h t s se t en vi u s oe foundnn a several e vwe with e an n o d f e i In the first prospectus of the company, adverti se d by ap theronumberplaintiff, a lo df t ir h oe e tcht n eo a rr m s,. occasions at the office of the company, 58, Gracechurch street. The latter point had not been much depended on at the trial, as there wasanother company which met at the same address, of which the defendant was a shareholder. In answer to the action, the defendant denied his 1 liability, and pleade d that he wa s not one of the com mittee of management, though his name had appeared as a member of the provisional committee. The allot ment of ' the shares, it was alleged in the prospectus, was placed entirely in the hands of the managing: committee, as also the receiving of the deposits amd the application of the funds; therefore, there being no duties or powers specially conferred on the general provisional committee, they could not be made liable for the account of the de fendant. Besides, the plaintiff denied that he had allowed his name to be used. The plaintiff, on the other hand, affirmed that the managing committee acted Linder the general committee, and that the latter were equally responsible ; that the applications for shares were addressed to the provisional committee ; and that it had been proved on one occasion that the defendant, o n being referred to as a director to giv e information as to the res p ectabilit y of an applicat i on , wrote against the party's name , " Very good." This was an adinissiod„. though not in express terms, that he was a director of the company. If he was a director, then the plaintiff maintained that he was responsible for the debts contracted, though the Learned Judge had i 'nstructed the jury otherwise,. and that from the terms of the prospectus, the managing committee appeared to be the responsible party, they being ad : from the general cernmitte°. il. vertised separately 0 Ilict was accordingly given for the defentiant- . Tri CHIEF JUsTICt said the resent,p case did not The "" ctus, but .1--- .t i e construction of the prospt. ' turn sinipl4 7 . ou L A effect from the document vv.` , ich had received aiti an‘-• and the letters addressed to the vrovi oven referred to, not 1 the prospectus might . Thong 1 sional committee. . that the provisional cominitt t,e bear the constru beforeo whom such applications were I we re the parties r ea by the letter wherein the laid, it would a l l P referred to as a director, , , , , ~,,1 pc ell de l"" 1 " 1-- 1 net Pigneil e.x.prossly as such, he hat , 4,1-ling am/hist tin, • f thou i that - ' e aami,:oll of it li) .. b b . he had made ow . d•" Isasinuch as the question name "Very goo . .ttee did not arise party's .. of the provisional eoVolui , of the liability from the legal construction of the terms of the pro spectus, but was to be taken from its effects and other facts in relation to the transactions of the company, the judge had properly left the whole question to the jury, and the rule for misdirection could not go. But on ac count of the great general importance of the case, and in order that the question might be fully considered by the Court, the rule to show cause that the verdict was against evidence would be granted. Rule nisi accordingly granted. KENT V. GREAT WESTERN RAILWAY. Mr. Serjeant CHANNEL moved for a rule to show cause why the costs in this suit should not be subject to taxation. He made the application on behalf of the de fendant, which arose out of an action brought by Mr. Kent against the Great Western Railway Company, for over charges for conveying goods along the line. The action was tried before Lord Chief Justice Tindal last assizes, and a verdict for the plaintiff given for 1951. 12s. 4d. The point now at issue was the amount of costs; the plaintiff did not oppose the taxing of the costs after the issuing of the writ, but objected to the same before that period. The charge made for costs before the issuing of the writ was 1791. 3s. 6d. ; white the master had reduced the amount by taxation to 1331. 12s. The Court took time to consider the application. . _ GILES V. THE RYE HARBOUR COMPANY. Mr. BRAinwELL applied fora rule to stay proceedings in this case, on account of irregularity. The applica tion arose from Mr. Giles, the civil engineer, having in stituted a series of actions against several provisional directors of the Rye Harbour Company for the recovery of 1,5001. The plaintiff had proceeded individually against thirty of the members of the committee for the recovery of exactly the same amount, and they were going forward at the same time. Eleven of the defen dants for whom he appeared, as the cases were the mute in character, and the settlement of one would involve the others, and in order to avoid excessive costs, prayed that proceedings might be stopped in all the cases, or at least all but one, such one to be selected by the plaintiff: Rule nisi to show cause why all the actions but one should be stayed granted. BARKER V. THE PROVISIONAL DIRECTORS OF THE EASTERN AND NORTHERN JUNCTION RAILWAY COMPANY. This action was tried last assizes at Maidstone, before Mr. Justice Coltman, and was brought by Mr. Barker, the advertising agent, to recover 910/. from the provi sional directors of the Eastern and Northern Junction Railway Company. A verdict was given for the plaintiff. Mr. BovIL now moved for a rule to set aside the ver dict, and a nonsuit entered on the ground that the plaintiff had not produced the written orders for the insertion of the advertisements in the newspapers. Leave was given to move on this point at the time. The plaintiff was not a newspaper proprietor himself, but he received an order from the secretary to get the advertisements inserted in certain newspapers named. The advertise ments certainly did appear in the newspapers, but no evidence was adduced that they appeared at the instance of the plaintiff. They might, for any proof to the con trary, have been inserted by some one else. The written orders to the several newspapers ought to have been produced to prove they had been inserted by the plain tiff; in failure of this, he submitted Mr. Barker could not recover. It was on this ground that he moved. The LORD CHIEF JUSTICE thought there was no ground for the motion. The secretary of the company had given a certain order for the insertion of advertise ments in several newspapers. This, it appeared, had been done. There was no complaint on this head. The advertisements had appeared in the news papers, and there was no evidence whatever that they had so appeared at the instance of any other person than the advertising agent. What might have passed be tween the advertising agent and the newspaper proprie tors was immaterial to the case. The order was exe cuted in the manner prescribed by the defendants, and the Court, therefore, saw no reason to disturb the ver dict.—Rule refused. The Court shortly afterwards rose. • CRIMINAL COURT-(THIS DAY. OLD COURT (Before the RECORDER and Mr. Alderman Ginns.) Peter Hogan, a carpenter, aged 27, was indicted for stealing three hundred and one sovereigns in a dwelling house. It appeared that the prosecutrix, a widow named Welch, had saved somewhat more than six hundred pounds. The prisoner, who was her cousin, and engaged in the building trade, was requested to look out for a house to purchase, and in the course of executing that com mission he became acquainted with the amount of her money, and the fact that it was in gold, packed up in rouleaus, and deposited in the bottom of her clothes chest. One evening, after the prisoner had visited Mrs. Welch's apartments in her absence, she found upon her return that her chest had been opened, acd three hundred sovereigns in packages, and one sovereign in a silk purse, had been abstracted. She at once communicated her loss to the police, who took the prisoner, and found in his hat, wrapped in brown paper, 170 sove reigns. In his pockets were a few shillings. He said the money was all his own. The sovereigns were packed in paper, which the prosecutrix swore was the same as that of which she bad made the packages for her gold. The purse was also foiind in his box. Mr. ROBINSON, for the defence, contended that the prisoner was about to get married to the prosecutrix, and was authorised by her to lay out the money for her ad vantage according to his best judgment. The RECORDER summed up, and the jury, having deliberated some time, returned a verdict of Guilty. Whilst the jury were in deliberation the prisoner addressed the Court, and begged to be allowed to call witnesses to prove that Mrs. Welch had perjured herself in swearing to the purse, and that be had bought it at Mr. Morgan's, in Middle-row, Holborn. Mr. Morgan, however, proved that it was not so ; and the only thing elicited from the witnesses was. that one of them had been paid four sovereigns by the prisoner for his trouble in going shopping with him. Proof was then given of the prisoner's having been convicted of felony, and The RECORDER sentenced him to be transported for fifteen years. The grand jury, in returning the remainder of the bills which had been sent up to them, made a presentment complaining of the great want of accommodation for witnesses in waiting, and the difficulties of ingress and ,egress in all parts of these Courts. They expressed a c h o o n p v e en t i h e a n t ee t s h c e o p m r p o lai per ne a d u o th e orities would remove the in- The RECORDER said that the presentment should be attended to. MARLBRO'-STREET.—(T HIS DAY.) John Carrol, a respcctub l n looking ' old man, was charged this morning with stealing a pound and a quarter of shag tobacco from his master. John Rogers, tobacconist, Oxford-street, said this man, who was an old servant of Ms, was preparing last night to leave his work, his hat already on his head, when witness went round behind the counter to speak to him on business. The defendant put off his hat, and the complainant, seeing something of bulk there, asked him what he had got in it. " Nothing," was his reply. But the complainant, not satisfied, pulled up the handkerchief in the hat, and found below it a quantity of shag tobacco, hot from the pan, which weighed more than a pound and a quarter. The de fendant positively said he knew nothing about its being there, and that it must have been placed in his hat by another. The complainant said to him he must at least have felt his hat heavier by a pound and a quarter than before, so as to be apprised of the tobacco being there. Mr. LONG—Unless held up by the lining of the hat the tobacco must have fallen down upon the head when he put on the hat. The complainant said, it was pressed down in the hat, and, being hot, would adhere to the crown. The prisoner said he had been now three and twenty years a servant to Mr. Rogers, during which time he had not had occasion to suspect him. He positively denied having, any knowledge of the tobacco being in his hat. He had been absent lately five weeks from his employment, in consequence of having had one of his fingers cut off, and during that time another ha.i been taken on in place. When he was able to return that man was discherged, but was taken on again for a job last week. That per.‘onwas in the shop with him last night, and prisoner's hat was set under the stair near the pan. Mr. LONG, to the complainant—Have you had any' occasion to suspect him before? Complainant—No. Mr. LONG said, conoider in g the lon g term of service which the defendant has completed in his employment, and the fidelity and known good character of the man, , the improbability of his comm itting this theft was great. As far as any suspicion arising . from the weight of the hat might affect the case, he thought it was very much diminished when it is considered ghat the man on the :moment lifts the hat and immediately puts it on his head, and again immediately after puts it oft; out of respect for his employer. On the whole view of it, he would dismiss the charge. CLEREENWELL.-(THIS DAY.) Six Irish labourers, named Duignani, Galt, Malony, 'rowers, and ThonOs and James Foley, were charged with creating a riot, and violently assaulting several constables f)f the S division, and a number of other persons, It appeared front t he evidence, that at seven o'clock yesterday morning th,. prisoners attacked inCla rediscri ndonmi - nately almost every pefson they in square and the streets adjo.;uingentleman whom he saw . A policeman coming up, endeavoured to p rotect a Thomas Foley assaulting, when he was knocked down twice, and the whole of the prisoners endeavoured to rescue Foley, and it was not until a large reinforcement of police came from the station-house that the riot could be quelled, and the prisoners locked pp. Mr. COMBE ordered each of them to f:ay a fine of 205., or be imprisoned one month. "Rm. Skinner, driver of the cab, Nd. 1,764, was tharged with gross cruelty to a mare. James Douglas stated that he owned the mare, and ,ntrusted it to the prisoner to drive yesterday. On 1 )ringing it home at night he (Doueas) found upon ex amination that it had been most cruelly ill-used. All under the flanks she was raw, from the effects of con tinued lashing, and one of the nipples wall completely cut oft: The prisoner, in his defence , stated tha t he was °bilged to flog her to make her go. Mr. COMBE said it was as gross a c ase of cruelty :3 ever came under his knowledge, and he should commit him for two months to the House of Correctioire with hard labour. The prisoner was then locked up, swearing vengetO ce against the prosecutor. .MOUNT OF NUTRITIOUS MATTER IN THE FOLLOW ING ARTICLES OF ANIMAL FOOD.—In 100 parts: bones, 510; mutton, 290; beef, 260; chicken, 270; veal, 240; pork,. 250; blood, 215; cod and 210; brain, 200 ; hadeAock, 180 -; white of egg, 140 ; milk, 72. On an ay(' ,rage, the nutritive matter inn poun , l of ine'.l.t is not more than fear ounces. This, however, applies only to rimy meat, for when dressed a considerable portion of its onstituent matter is dissipated,— The Plough. MARKET INTELLIGENCE. (From the London New Price Current of No'rember 3.) SUGAR.--Today prices declined for several descriptions of Raw Sugar available for home consumption, the demand being less active and the quantity brought to market large. West India was purchased with caution for the scale and pan, and the rates taken were 6d per cwt under those of Friday for brown, grey, and the lower kinds of yellow, but goad and fine generally sustained the former value. REFINED.—To-day refined goods were in excellent request by the home trade, but no further improvement took place in prices, although the price is small. For Bonded Crashed Sugar the market has a firmer appearance, a good deal has been done, and 32s 6d per cwt paid for first quality. MAURITIIIS.—This afternoon at public sale 350 bags 836 casks 16 trcs and 11 brls of Mauritius Sugar only in part sold at a fall on last week's rates of 6d to Is. per cwt—fine yellow went at 51s, good 49s to 50s 6d, middling 47s to 48s, low 45s 6d to 46s 6d, fine brown 44s to 455, good 435, middling 38s to 395, low dark 34s to 365, and very low 33s per ewt. EAST INDIA.—This afternoon the quantity of Bengal Sugar brought forward was extensive, and consisted of seven public sales, containing 13,017 bags; nearly the whole was actually disposed of, but at a decline on former rates of 6d to is per cwt; superior grainy white sorts,:however, sus tained the formed value, and white Benares brought prices nearly equal to those of last Friday. FOREIGN.—This afternoon at public sale 78 cases 1 box and 38 barrels of Bahia Sugar were all taken in at about the former value—fine yellow at 475, good 465, middling 455, fine brown 44s to 44s 6d, good 435, middling :42, and :low: 398 to 41s. 10 hhds Cuba Muscovado, low:yellow, 465. ~ 188 packages of Savanilla, good yellow 51s, damp 49e, and loaves 54s per cwt. Cecoa.—West India has met with little attention pri vately, although there are sellers upon rather lower terms, and at auction a part only of 521 bags Grenada sold at 39s for good middling, and at 40s for good red. The value of grey Trinidad according to quality is 35s to 425, and red 36s to 46s per cwt. COFFEE.—Thisaftemoon Native Ceylon was only in limited request, and of 1,858 bags at auction a small part only sold at about the former value. Plantation was in good demand, and 33 casks 41 barrels at auction sold at stiffer rates; ordi nary grey at 45s 6d, good ordinary 49s 6d, fine fine ordinary pale of a favourite mark 60s to 63F4; 'mug d 45a to 50s, pea berry sound 65s ; 11 casks Jamaica sold at 35s 6d for triage ; 86 gags of Penang sold at the full worth—fine fine ordinary brown at 35s to 38s, fine ordinary 30s to 308 6d, and damaged 23s to 32s per cwt. TEA.—Although black can be obtained upon previous low terms, privately still only a limited business has been trans acted, the heavy stock causing the trade to purchase only sufficient for immediate wants, large as the consumption is, and moderate as prices are, common sound Congou being obtainable at 8d to Bid, good common 9d to sid, Pouchong 4d to 7d, and better quality 8d to 10d. Notwithstanding the low rates that prevail for green, still there has been little desire manifested by the town or country trade to operate. In Scented Orange Pekoe there has been little passing, although good to line can be obtained at Is 6d to 2s per lb. At the public sales of • 27,640 pkgs, the trade evinced little desire to operate, notwithstanding the low rates at which some of the merchants were sellers, and the total quantity disposed of amounted to only 1,800 pkgs, nearly the whole damaged, and in small pkgs; a regular break of low sound common Congou brought 8d to Bid per lb. Merchants this year have already experienced a loss by;importing of Tea of half a million sterling. SPICES.—To-day the market was well supplied with Nut megs, and the quantity offered at public sale amounted to 129 chests 6 boxes 4 bags; the demand was good, and the whole sold, fine sorts fetched full rates, but other kinds de clined in value id to 2d per lb. Mace is wanted, and 38 chests at public sale sold at stiff rates. Cloves met with little attention, and 40 chests Penang sold rather lower. In black Pepper there was little ,passing privately, but 137 bags of Penang at auction sold at full worth. Snarrs.—There has been a considerable increase in the demand for Leeward Island Rum since our last Price Cur rent was issued, and a rise in prices of 2d or 3d per gallon has taken place. For Calcutta the demand has been brisk, and an advance in the value of 3d took place. Demerara has been in good request, and prices are rising 3s 3d to 3s 6d having been paid fer strong sorts 30 to 36 per cent. over proof. In Jamaica the operations have been upon a more extended scale, and it is difficult to purchase at former rates. The value of Havannah and Brazil proof strength is is lld to 2s per gallon. For Brandy the demand has been good for all descriptions, chiefly from the home trade, and prices are rising. Geneva is wanted for exportation, and the parcels sold were at 2s 8d to 2s 9d for common, and at which holders are firm. COCHINEAL.—This afternoon there was a good demand, and the parcels offered at public sale, amounting to 384 bags, which all sold at 4s 6d to 5s 7d for low to fine silvers, and one bag black at 6s 4d per lb. SALTPETRE.—To-day Rough met with attention, and 554 bags at auction were sold at full rates. English Refined has been in good request at 29s 6d to .30s. In Nitrate of Soda a fair business has been done at 16s 6d to 17s per cwt. Oscs.—There has been an extensive demand for Linseed Oil for home consumption on the spot since last Tueesday ; several ezport purchases have been made, and a further ad vance in the value has occurred. For forward delivery a good deal has been done at 27s 3d to 27s 6d per cwt, Rape Seed Oil has been in good request, and prices are moving . upwards. There has been an extensive demand for Olive Oil chiefly from the home trade, and advanced rates have been paid Cocoa Nut has been largely dealt in privately, and a further advance in prices took place. Palm has been much in re quest by private treaty, and quotations are yet rising. Seal has been disposed of to a large extent, and at prices showing a rise on those of this day week of 40s to 60s per tun. Southern of every description is much wanted, but few par cels are to be had, and a further advance in the value has oc- curred. Cod has risen to 271 lOs a 281, and at which many and at which many parcels have been disposed of. In Sperm large purchases have been made by private treaty, and fur ther advance rates arc paid. Lard Oil has been purchased with caution at 381 to 441. TALLow.—Prices have assumed a downward tendency for Russian; there having been large arrivals since our last re port, but on the spot the demand has been good from the town and country tr,le, and 49s to 49s 6d per cwt. are the rates accepted for fine P. Y. Candle. For delivery in spring months quotations have fallen'to 495, but thereat many pur chases have been made. Of other kinds of Tallow several parcels have been sold, but upon rather lower terms, and a larger quantity has been brought to market. Tim LONDON. GAZETTE. (THIS EVENING.) At the Court - at Windsor, the 30th day of October, 1846, present the Queen's Most Excellent Majesty in Council, this day the Right Hon. Sir Thomas Wilde, Knight, Lord Chief Justice of the Court of Common Pleas, and the Right Hon. Edward Strutt were, by her Majesty's command, sworn of her Majesty's Most Honourable Privy Council, and took their respective places at the Board accordingly. DOWNING-STREET, Nov. 3._ The Queen has been pleased to appoint Lord Harris, Lieutenant-Governor of Trinidad, to be Governor and Com mander over that island. WAR-OFFICE, Nov. 3. _ 11th Light Drugoons—Lieut.'Edmund Peel to be Cap tain by pur :hase, vice Cathcart, who retires ; Cornet Frederick lienkry Sykes to be Lieutenant, by purchase, vice Peel; Robert Dennistoun, Gent., to be Cornet, by purchase, vice Sykes, Nov. 3. 15th Light. Dragoons—Lieutenant John Clancy, from 57th Foot, to, - be Lieutenant, vice Blake, who exchanges, Nov. 3. Ist or Grenadier Regiment of Foot Guards—Edwvn She rard Burnaby, Gent., to be Ensign and Lieutenant, by pur chase, vice Alunro, promoted, Nov. 3. Ist Regir tient of Foot—Ensign William John Bampfield to be Lieutem int, without purchase, vice Gray, deceased, Sept. 12 ;; Brock Carter, Gent , to be Ensign, vice Bampfield, Nov. 3. 6th Foot—Francis William Henry M'Cleland, Gent., to be Ensign, without purchase, vice Sandwith, whose appoint ment has been cancelled, Nov. 3. 13th Foot—Major Arthur Augustus Tinalow Cunyng harne to be Lieutenant-Colonel, by purchase, vice Squire, who retires; Brevet Major Arthur Philip Savage Wilkinson to be Major, by purchase, vice Cunynghame ; Lieutenant George Mein to be Captain, by purchase, vice Wilkinson ; Ensign James Duncan Longden to be Lieutenant, by pur chase, vice Mein ; Stacton Senior, Gent., to be Ensign, by purchase ; vice Longden, Nov. 3. 16th Foot—Ensign Lovell Stanhope Richard Lovell to be Lieutenant, by purchase, vice Flood, who retires ; John Parker, Gent. to be Ensign, by purchase, vice Lovell, Nov. 3. 41st Foot.—Lieutenant Charles Timothy Tuckey to be Captain, by purchase, vice Sadlier, who retires ; Ensign Campbell Graham to be Lieutenant, by purchase, vice Tuckey; George Skipwith, Gent., to be Ensign, by purchase, vice Grahtim, Nov. 3. 42d Foo t—Lieutenant Farquhar Campbell to be Captain, by purcha se, vice Goldie, who retires ; Ensign Alexander Bethune to be Lieutenant, by purchase, vice Campbell; Ensign Ja mes Erskine Paterson, from 72d Foot, to be En. sign, vice _Bethune, Nov. 3. ,:,„49th Foot—Heanry Beckwith, Gent., to be Assistant- Surgeon, vice Garret, promoted to be Staff Surgeon of the Second Cl ass, November. 57th Foot—Lieut. Maurice Lynch Blake, from 15th Light Dragoons,. to be Lieutenant, vice Clancy, who exchanges, ov. 3 ; Lieut. George Henry Hunt to be Adjutant, vice 111‘lamee, deceased, Nov. 3. 67th Foot—Ensign Robert Charles Peel to be Lieutenant, by purchase, vice Humfrey, who retires, Robert Blakeney, Gent., to be Ensign, by purchase, vicee Peel, Nov. 3. 68th F oot—Lieutenant William Rhodes to be Captain, by purchase, vice Grant, who retires; Ensign Horatio Harbord Mo,••ant to be Lieutenant, by purchase, vice Rhodes; Ralph Wes tropp, Gent., to be Ensign, by purcase, vice Moript, Nov. 3- 72 a Foot—Archibald Alison, Gent., to be Ensign, by pur chase, vice Paterson, appointed to 42d Foot, Nov. 3. 79 t h Foot—Ensign Henry Jardine Street to be Lieutenant by pus( lase, vice Fairrie, who retires, ; Charles Milns liar risson, ,Gent. to be Ensign, by purchase, vice Street, Nov. 3. 96th ..Foot—James William Samuel Moffatt, Gent. to be Ensign, without purchase, vice Ford, whose appointment has been ca n celled, Nov. 3. Com mission by the Lord-Lieutenant of Southampton. John Beames, Esq„ to bs Deputy. Lieutenant, Oct. 8. Commission by the Lord. Lieutenant of the county of Lincoln. The Fight lionourable William John Baron Monson to be Deputy -Lieutenant, Oct. 19. ADMIRALTY, OCT. 31. This day, in pursuance of her Majesty's pleasure, the fol lov, jag Captains of the Royal Navy were promoted to the rank of Retired Rear-Admiral of her Majesty's Fleet, on the terms proposed in the London Gazette of Ist September, 1846, James Wilkes Maurice. ~Tames Prevost. lirpelman Swaine. `Thomas White (A). J% trees Lillicrap. Walter Grosser. 2:ilomas Fulliott Baugh. Se mud Martin Colquitt. Gu'etavus Stupart. Thomas Francis Charles Mainwaring. Hight Zion. William Earl Waldegrave. ohu Hol2inworth. Clement Sneyd. John Duff Markland, C.B. iw.hel Ferris. p;obert Merrick Fowler. Lionald Campbell. Sir Henry Hart, Knt., K.C.H. George Henderson. Thomas Tudor Tucker, C.B. Henry Bourchicr. — ohert Worgan George Festing, C,B. t L NI 01.6 - Tfo. -, Stovall, t:.t,.l'. , it. L.'`,. 1":',11.!.(., Christopher 8e11, \ ,. - James Stevenso n . linox. Hon. Edmund Sexton Per . X s. ft 100 0 0 176 100 0 159 100 0 0 229 100 0 0 162 10 0 0 141.1 50 0 0 92 50 0 0 84 50 0 7 10 0 0 1 10 0 0 1 2 10 0 41. 5 0 0 71. 10 0 0 131. 1 0 0 245. 10 0 0 1 , All paid. 11 10 0 0 21 10 0 0 2 , 12 10 0 li 50 0 0 7! All paid. II 'Jo 0 0 lf All paid. 6E All paid. If All paid. 39 All paid. 37 2 10 0 9 Dividend per Annum. Right Hon. David Earl of Leven and Melville Colin Campbell (A). Joseph Symes. Honourable William Henry Percy. Janes Pringle. Samuel Leslie. Edward Ellicott. Peter Rye. James Gifford. George Le Geyt, C.B. Henry Gage Morris. Edward Augustus Down. Thomas Whinyates. John William Andrew, C.B. Robert Mitford. Henderson Bain. Clement Milward. John Fordyce Maples, C.B. Robert Bloye, C.B. Thomas Edward Symonds. Lewis Hole. John M'Kerlie. John Simpson. John Bowker. George Moubray, and Alexander Barclay Branch, K.H. having accepted the situation of Captains of Greenwich Hospital, are to be placed on the list of Captains on re tired-pay. And this day also, in pursuances of her Majesty's pleasure, the following Captains of the Royal Navy, having accepted the retirement of their rank on the terms proposed in the London Gazette of Ist September, 1846, having been placed on the retired half-pay list at th e increased rates therein specified : Frederick Jennings Thomas. Henry Thomas Davis. Honourable Henry Mikes Byng. George Gustavus Lennock. Sir William George Parker, Bare. Robert Gambier. Charles Frederick Payne. Colin Macdonald, C.B. Abraham Lowe. Charles Bertram. George Hills. Henry Fanshawe. Isaac Hawkins Morrison. George Barne Trollope, C.B. Sir Thomas Mansell, Kat., K.C.H. Thomas Groube. Hercules Robinson. William Black. John Harper, C.B. Weston Phipps. Thomas Dick. Bertie Cornelius Catar. Frederick Edward Vernon Harcourt. Right Hon. Kenelem Lord Somerville. Henry Jenkinson. Edward Saurin. John Hardy Godby. Christopher Strachey. Arden Adcerley. James Boxer. . Richard O'Connor, B.C.H. Thomas Ball Sulivan, C.B. David Scott. Richard Creyke. Nicholas Lechmere Pateshall. Rowland Money, C.B. John Sheridan. Sir Henry Loraine Baker, Bart., C.B. George William Hughes d'Aeth, C.B. Robert Ramsay, C.B. John Charles Gswen Roberts. Sir Samuel Roberts, C.B. Archibald Tisdall. Joseph Gulston Garland. William Stanhope Lovell, B.H. John Moberly. Joseph Digby. Charles Ward, K.H. William Ffarington. Frederick William Burgoyne. John Rattray. John Allen. Arthur Philip Hamilton. Daniel Lawrence. Robert Henley Rogers. George Bentham. James Arthnr Murray. Thomas Renwick. Henry Higman. George liewson. John Macpherson Ferguson. John Gourly. Augustus Baldwin. Henry Colins Deacon. Edward Barnard. James Wallis. William Bateman Dashwood. Martin White. John Cookesby. Charles George Rodney Phillott. William Wolrige. George Brine. Honourable John Gordon. William Popham. James Hay. Sir Charles Thomas Jones, Knt. Robert Riddell Carre. Hugh Patton. Hon. Charles Orlando Bridgeman. Sir Henry Shiffner, Bart. Henry Forbes. Alexander Montgomerie. John William Montagu. Honourable George Pryce Campbell. Wilson Braddyll Bigland, K.H. John Gore (A). John Cook Carpenter, K.H. Robert Hockings. John Gedge. Sir Charles Burrard, Bart. Thomass Ladd Peake. Christopher Crackentnorp Askew. William Hendry. Charles Nelson. The above-named Officers on the half-pay of one pound per diem. Charles Hope Reid. Henry Theodosius Browne Collier. John Brenton. William Ramsden. John Donaldson Boswell. Henry Stanhope. John Townsend Coffin. Frederick Hunn. Edward Curzon, ,C.B. Septimus Arabin. Thomas Ball Clowes. James Couch. William Henry Smyth. Richard Saumarez. James Montagu. Thomas Prickett. Alexander Dundas Young Arbuthnot. 'sham Fleming Chapman. John Skekel. Jehn Stoddart. George Onrry Lempriere. Thomas Warrand. John Gore (B). Charles Bower. John George Graham. John George Aplin. William Roehfort. John Packenham. Francis Fead, Frederick Augustus Wetherall. Henry Litchfield. William Webb. The above-named officers on the half-pay of eighteen shillings per diem. WHITEHALL, SEPT. 12. The Honourable Sir Thomas Wilde, Knt., Lord Chief Justice of her Majesty's Court of Common Pleas, has ap pointed George Cox, of the city f the Perpetual Commissioners for taking i Gn h e e a c t . to k n o be one of wiedge. m t- of deeds to be executed by married women, under th e e n Ac t passed for the abolition of fines and recoveries, and for the substitution of more simple modes of assurance, in and for the city of Bath, also in and for the county of Somerset. • WHITEHALL, OCT. 30. The Lord Chancellor has appointed Joseph Morton Barrett, of Utley, in the county of York, Gent., to be a Master Extraordinary in the High Court of Chancery. DECLARATION OF INSOLVENCY. Edwin Church Everitt, share broker, Sidmouth Devon. shire. BANKRUPTCIES SUPERSEDED. Henry Payne, builder, Goulden-terrace, White Conduit. fields. William Smith, potato dealer, Deptford. John Boland, hardwareman, Manchester. BANKRUPTS. Sarah Wilcke, milliner, Fore-street, CllP l l' a l lp at al twelve, tos render Nov. 12, at twelve, and Dec. 19, at l r , official assignee, Birchin -lane, Combat ; Pike, Old Henry W _, ood carpenters, at the Court of Bankruptcy. BAulsrlington.street. Lydia Wood and Charp!s ov, li 20, at one, and Dec. 14, at Willow-walk, Berrnondsr, Peace and Jones, Tooley. n_ Co stree urt t cd BankruPtcy. Graham, . street, Southwark.. Buckingham, Buckinghamshire, John King, sc riv ener, two and Dec. 17, at two, at the Court half - past Nov. 12, at half-past , official assignee , B ' hall Risley, Furnival's Inn. . of Bankruptcy. Johnson, asmg -street ; George Kn;ght, dealer in manure, Weybridge, Surrey. at half-past twelve, and Dec. 17, at one, at the Bankruptcy. Bell, o ffi cial assignee. Coleman-street- Robert Crow, draper, Newcastle-upon-Tyne, Nov. 13, at Coleman-street buildings; Sadgrove, Mark-lane. half-past ten, and Dec. 11, at one, at the Newcastle-upon. Tyne District Court. Wakley, official assignee, Newcastle upon-Tyne; Harle, Butcher-bank, Newcastle-upon-Tyne; Chisholme, Hall, and Gibson, Lincoln's-inn-fields, London. Joseph Hall, victualler, Carlisle, Nov. 16, at eleven. and Dec. 15, at one, at the Newcastle-upon-Tyne District Court. Baker, official assignee, Newcastle upon-Tyne; Hill and Mathews, St. Mary. axe, London ; Hoyle, Newcastle-upon- Tyne. Samuel Roden, retail brewer, Wellington, Shropshire, Nov. 14, at eleven, and Dec. 8, at half-past ten, at the, Birmingham District C our t . Whitmore, official assignee' Birmingham ; Alottram and Knowles, Birmingham. Thomas Thomas, draper, lbstock, Leicestershire, Nov. 14, at eleven, and Dec. 8, at the Birmingham District Court. Christie, official assignee, Birmingham; Cowdell, Hinckley. or James Birmingham. Daniel Burton and John Burton, cotton spinners, Middle ton, Lancashire, Nov. 13 and Dec. 3, at twelve, at the Man chester District Court. Hobson, official assignee, Manches ter; Bower, Tokenhouse-yard, London; Siddall, Vickers, and Diggles, Manchester. Mary Dent, bookseller, York, Nov. 17, and Dec. 8, at eleven, at the Leeds District Court. Hope, official assignee, Leeds; Jaques and Co., Ely-place, London; Wood, York. By his will, the late Hubert Campbell, Esq., left 500/. towards forming a fund for the maintainanee of the widows of clergymen, and 3001. to the Church Missionary Society.—Sydney Morning Herald, June 2. ~~ / 1 1 4 0 4