The Sun. — London, England, 1846-03-26 00:00:00

IMPERIAL PARLIAMENT. HOUSE OF COMMONS, March 25. TUF TURNPIKE ROADS (SCOTLAND) BILL. {Continued from our Afternoon Edition of yesterday.) After some discussion, in which Mr. STUART WORTLLIY and several other Hon. Members took part, Clauses 1 and 2 were agreed to. On clause 3 being read, Mr. FOX MAULE moved to insert the words, " that no toll-bar shall be licensed for the sale of wines or spirits, if the said toll-bar shall be within five miles of any house situated from the turnpike-road, which may be regularly licerm d by the magistrates or justices of the peace for the time being, f,.7 the sale of wines or spirits." On a division there appeared— For the amendment Against it Majority against it Another division then took place in consequence of there not being forty Members present on the previous one, when there appeared for— The orignal clause Against it __ Majority in favour of the original clause —2 Upon our re-admission into the gallery we found Mr. FORBES MACKENZIE on his legs, moving an amend ment to reduce the distance to half a mile. The Committee divided, when there appeared— Against the amendment In favour of the amendment lB Majority against the amendment —1 The clause as originally proposed was then agreed to. Mr. FOX MAULE intimated that he did not wish to pro cud further with the Bill after the opinions which had been ex pressed. The House then resumed. LAW OF SETTLEMENT.' Colonel WOOD moved that the Bill printed in 1823, in reference to this subject be reprinted and laid before the House.—Agreed to. PUBLIC-HOUSES IN SCOTLAND. Mr. F. MACKENZIE gave notice that on Friday next Le would move the appointment of a Select Committee to in quire into the mode of granting licenses to public-houses ill Scotland. The other orders of the day were then disposed of , an d the House adjourned at half-past Four o'clock. RAILWAY COMMIT EES (YESTERDAY.) HOUSE OF LORDS. WATEV,PORD,WEXPonn,NITICELLO'VT, AND DUBLIN. (Continued from eur Afternoon Edition of yestirday.) Evidence in detail was gone into respecting the traffic on the main line and branches, which occupied the remainder of the day. DUBLIN AND GALWAY. The Committee on this Bill met again to da,y, Lord Selkirk, chairman, The case for the 3fullingar Company was proceeded with. Seve ral witnesses were called in support of the scheme, amongst whom were Lord Castlemain, Sir Percy Nugent, Sir John Burgoyne, F4c. The witnesses were severally cross-examined, but their evidence went to show that the line of the Ma'Ungar Company was one which Would meet the wants of the country througk which it passsed. HOUSE OF COMMONS. GROUP IX, TEE GMASGOW onAND 3177aCTXON 11A17.-• BOU TERMINUS. (Continued from our Afternoon Edition of yesterday.) Mr. David Stevenson, civil engineer, was shortly examined in corroboration of Mr. Gale and Mr. Miller, when Mr. CARBOL announced that his case was closed. lie had several . other witnesses to call respecting the value of the land ; but, Sc defe rence to the Committee, he would - not call them then. Should any thing arise out of the case on behalf of Sir John Maxwell, he hoped the Committee would allow him to can acme of them on that point. Mr. TALBOT then replied to the case of the Grand Junction at some length, contending that its promoters had failed altogether in making out their case, and especially in showing the necessity of bringing the mineral traffic on to the same quay with the general traffic. The parties who had been called on this point had admitted that they were not much acquainted with the management of har bour traffic, yet the little evidence they gave, instead of proving the point sought to be established, had actually strengthened the scheme for which he had the honour of appearing. The Learned Gentleman then glanced at the engineering evidence adduced, showing its demerits In comparison with the Harbour Mineral scheme, and concluded by maintaining the decided supe riority of the latter over the Grand Junction. Mr. Sergeant MURpla then proceeded to open the case en behalf of Sir John Maxwell, who petitioned against the Grand Junction scheme, on the ground that it had seriously damaged his property. The Learned Gentleman was about entering into particulars when the Chairman directed the room to be cleared. _ On our re-admission the CHAIRMAN intimated that the Committee bad decided the preamble of the Grand Junction Bill was not proved, and, therefore, there was no necessity for Mr. Sergeant Murphy to proceed in his opposition to it. Mr. TALBOT then replied on the part of the General Terminus scheme, going over the evidence as bearing on the respective merits of the two schemes. AU the evidence that had been adduced on 1y:- ballot the Grand Junction and the General Terminus, he contended, wont to show that it would be highly advantageous for the mineral traffic to be brought as near as possible. to the general traffic without incommoding this harbour. The General Terminus accom plished this in the most satisfactory manner. The Learned Gentlemen then reviewed the evidence on beludf of the two schemes now to be de cided on by the Committee, in opposition to Capt. Washington, who had given evidence from a mere casual visit to Glasgow, there was the authority of the River Trust, the Conservators of the river, Mr. Walker, the eminent engineer, and the leading traders and commercial gentlemen of Glasgow, all of whom were in favour of the general ter minus. It was not only the best schethe for its mode of connexion with the river, but in an engineering point of view, or in the matter of tolls, it was to be preferred to its rival. The Learned Gentleman, after dwell in; in detail on these points, submitted the Bill for which he appeared to the favourable consideration of the Committee—if one Bill was to be only allowed—as that which was most likely to meet all the purposes tl)r which a line of railway was proposed. The room was then cleared for the decision of the committee. On our return the Chairman intimated that the Committee had decided that the preamble of the General Terminus Bill was proved, but that the preamble of the Harbour Mineral was not proved. Mr. Sergeant Andrews then opened the case briefly for the West of fcotland Junction Railway, at the close of which the Committee adjourned at five o'clock till twelve o'clock to-morrow. 'GROUP XII. GLASGOW, PAISLEY, ILIZIVIARNOCR, AND ATI!. (BRANCHES TO I.I.I.INIPITS AND LEF7. 2YZAHAGOW), AND OPPOSITION BCH:SWIM. (Continued from our Afternoon Edition of yesterday.) Mr. John Brown, provost and builder, stated that the inhabitants of Kilmarnock were in favour of the line. The Earl of Eglinton spoke to the wishes of the district for a direct line. The one under consideration would greatly aid the development of the mineral fields, which were at present locked fur want of that accommodation. Mr. Archibald Finney, coal-master, said that the opening up of this line would be a great benefit to himself and other masters in Ayrshire. Mr. Crum, Thornlie Bank, proved the amount of coal consumed in their works. The average quantity was 20,000 tons per annum. The proposed line would be a great accommodation. Jr. Brown, landowner, proved the benefit which the proposed line would confer on the town of Stewarton. The Committee then adjourned. GROUP XIV. THE NORTH /CENT. (Continued from our Afternoon Edition of yesterday. Is Sir T. Wilson's confidential agent. Is aware that Sir T. Wilson offsred to agree to the.line, on certain conditions, last year, but is not aware of such an engagement this year. Sir T. Wilson has never told him anything referring to that proposed agreement. The main line passes nearer to Sir T. Wilson's property this year than it did last. There is 150 yards difference in the plan of this year and the plan of last year. The line is to pass to the south side of the house, and the house looks due west. The line will nut run where the deer are at present. With regard to the wall spoken of, being on the edge of the park, nothing has been done for the last two or three years. The park contains about 120 acres of land. There are some build ings on the land, which were occupied at Michaelmas last. They are occupied by a young woman, who opens the gate, a groom, and a laundry-maid. The railway will pass near the rectory, in a cut-' ting twenty-seven feet deep. That will hide the train but not the smoke, noise, and steam. It will also pass the houso belonging jointly to Sir T. Wilson and Mr. Itoupel on an embankment. The embankment is on Mr. Roupel's land, and cannot be seen from the hall door of the house. It can be seen from tha state apartments. There is some land belonging to Mr. Roupel between the proposed embankment and the house. Caanot say whether that land is laid out for the perpose of building. Never made any practical expert ments to ascertain whether the proposed embankment could be seen from the state apartments. By the Cilia - ant s—The proposed embankment will be much below the level of Sir T. Wilson's house. By Mr. Sergeant WaazzonAst—With regard to the house lately occupied by Sir T. Hislop, only a very small portion indeed belongs to Mr. Roupel. All the out offices and stabling belong to him. Re-examined by Mr. Rata Loos—The dining-room of the house spoken of has been enlarged, and the enlargement has been built out on M. Ronpel's land, so that is his claim to part of the house Mr. J. Davis, superintendent of the works at Charlton House — Agrees with the last witness as to the injury the line would cause to Sir T. Wilson's land. The damage would be caused by the line cutting through the portion of land desired by Sir T. Wilson, as an addition to his park, awl the cutting through the "Buil Pits." Sir T. Wilson has been at some considerable expense to divert the main road from the portions of land spoken of. Has received instructions from Sir T. Wilson to build a wall round the park. lies taken levels the ground where the, embankment is to be raised, and is con- NI that it can be seen from the upper portion of Sir T. MlSan's house. Arthur Drummond, examined by Mr. PaCKARDS, stated l'lie L._ b adkment would be visible from his house. Even if the that the ei eel , to the Parliamentary line, it would be objectionable. parties adhe The Rev. r. Delamero stated that there was portion or land on the west side e 'f IVoolivich which had been apportioned by Sir T. of a church. The proposed line erns exactly Wilson for the buile ne ee the ground, rendering it unfit for the purpose through the centre m . 'es trict is 30,000, and they have no church ac- The population of the e ee , There is no other site where a church could counnodation whatev be built. By Mr. Sergeant Waseeneue—The subscriptions for the church are not stopped by tho railway passing through the ground. Does not think that there is any tenter site so convenient for the church. Mr. Rtexsens here stated that his ease was closed, and inquired whether the North: Kent Railway intended to call witnesses in answer? Mr. Sergeant Wa fleransm said that they did rot. Mr. RICKARDS then proceeded to address the Committee at some length on the evidence that had been adduced oa the part of Sir T. Wilson. At the conclustec pf his address Mr. Meneweeiten. (who ap7lcared in support of a petition against the proposed line by Captain D r , ke) then called Mr. Charles Smith, a surveyor. ;2e stated that ho was acquainted with Captain Drake's property in the pellet of St. Deptford. The property has been in Captain Smith's Nally for a considerable period. Has observed the intended ceurso of fete line across it. A great many houses have recently been built near tee land. The pro perty of Captain Drake only came into his possession in 1843 or 1844. The property was held jointly by Captain Drake and his family, and w itness, at the request of all parties, divided the land between th e m. The extent affected by the line is about 130 acres. If Captain Drake were offered GO,OOOl. for the land, witness M advise him not to take it. Pa: t of it abuts on the high road oi w e o wisham aild that makes the land possess adeitional value. The projected line runs almost parallel to the turnpike road and severs portion d of the land from the high road. Witness has even been front letting a considerable portion of land in consequence Person named of the line being projected. Apart of the ground is leased to a Would lile i ßy Mr. Sergeant eIWRANGHAM—Ther is a brielkon hear the Myers. pro perty, but it is separated by a very arge fled. neighbourhood of the railway, but does not like it to run through- the property. A r r. sergeant WRANGHAM—That is, you would like the line to through somebody else's property but not yours ? (Laughter.) run Witness —Exactly so. Ilan spoken with Mr. Tite about leaving the case to arbitration, but insisted on the Company admitting the land to be building land. Mr. Tile would not do to on the part or the Company. Witness told him that he coul ve a d not listen to any offer of compensation un less the Company ga very handsome ornanientel bridges. The approach by one or two expensive arcs, land is at present garden ground allele t s productive as any ground near the metropol s. There is a lefeltr farrn-house on the land called the Manor farm." Nevertiall any definotive offer of reference. oes not remember any titfer or having a barristerarlitrator. If ouch an offer were merle now cannel say that hew ould have the power to accept it. Mr. Sergeant WRANGIIAM said, that as he underetcod:thnt his friend had done with his case, he would say that the promoters of the Bill swere quite willing to refer the whole matter to arbitration hi any way that might meet the views of the parties. air. RicK4tDs said that his Learned Friend made tilts proposition as Mr. Smith had declared that he had not the power to accept it, and he therefore wished to prejudice Captain Drake in the eyes of the Committee by offering to do what was fair when there was no person present who could dee:de on the matter of acceptation or rejection. The CHAIRMAN intimated that the Committee were entirely of opinion that the case was one for compensation. fir. EICKARDS then proceeded to produce evidence in support of a petition from Lerd Dartmouth, at Blackheath, against the proposed line, and called Mr. Fred. Thin, a surveyor and land agent, who stated that he is agent to Lord Dartmouth. The line runs past Dartmouth'House and the house of Mr. Newdegate, the brother of Lord Dartmouth. It also rues past the house occupied by the vicar of Lewisham and the house of the Ladies Legge, the sisters of Lord Dartmouth. The line passes sixty yards from Dartmouth, and enters a tunnel just op posite the house. There is also a cutting leading to the tunnel ; understands that the tunnel is to go compltely under Blackheath. It will be a very considerable annoyance to the inmates of the house. After emerging front the tunnel the line goes close to two houses caned the Windmill Menses, which are the property of Lord Dart mouth. The vibration of the trains would injure the houses, and the tunnel would dry up the wells' from which they obtained their water. By Mr. Sergeant Waesouva—The houses called the " Windmill Houses" might have cost about 1,5001. each building. Cannot say whether they are called " Windmill Houses," from their being built on the etc of Jack Cade's Mill. Could see the cutting from the lower windows of Dartmouth House, but could not see the tunnel. It being four o'clock, the Committee here adjourned. GROUP XV. The Committee met at twelve o'clock in the Bail Court, present Mr. O'Connell, chairman, Sir R. Price, Captain Hatton, lan gind- ley, and Mr. Mackinnon. DOGNOR AN%) CHXCIIESTER. The CHATMLN begged to know from the counsel, what had been the result of the re-examination of the levellings, whether the fact of error was admitted. Mr. J. J. JOHNSON said error was admitted, but he preferred giving the details in evidence. Mr. Rastrick's examination being continued, he said he had sent down his resident engineer, Mr. Cox, and also Mr. Gregory, to test the surveys in the neighbourhood of Chichester. Cross-examined by Mr.JouxsoN—ln crossing the Felph am LeTel,the Brighton Company's rail, by agreement, since coming into Committee. would pass over the embankment. The consequence of that an d t agre he e ment would be a variation from t he deposited sections, gradient there would be linBo in a stretch of 243 feet. lie ad mitted that would be a severe gradient. On the projected Chi chester line, at the point four miles and eight furlongs going to Chichester, the gradient was one in 11,444, which would give 5 4-10 inches in a mile. At the fifth mile the deviation of his own surveys from those of the Chichester Company would be 14 feet. At the canal basin, taking the datum line and the turnpike-road, the va riation from the sections was 13 feet, and the sections proposed raising the road three feet, which would make the variation 1G feet. Stopping short of the basin and the road the variation was 14 feet. On being asked whether it had not occurred in his practice that he had constructed only part of a line, of which plans had been de- posited, Mr. HILL objected to the question, as Mr. Rastrick was not an en ginger of standing orders. It was admitted by the Committee and Counsel, that ca ales ses was had occurred in which this liberty was g iven ; the South W instanced. The CHAIRMAN here intimated that the position of parties before the Committee, was that Mr. Rastrick's evidence was uncontradicted. Mr. J. J. JOHNSON said he was sorry to have to admit that he was not in a condition to contradict it. The CHAIRMAN said he had laid the case before the Speaker of the House, whose opinion was, that the error being found to be fact, would be fatal to the Bill before the Select Committee. The Speaker 1 had referred to his (the Chairman's) opinion , and he , after cons ultin g the standing orders, concurred with the Speaker, whose decision would always have great weight with him. Mr. JOHNSON said, notwithstanding what had occurred, he felt that he ought to address the Committee on the merits of his own line, and the demerits of the line he opposed. He had hoped that the Chichester line might have been constructed even on the plans deposited, bat he had himself discovered that it crossed a turnpike-road with a cutting of four feet, which was not permitted by the standing orders. As it was, there fore he could not hope to have the Bill passed for the present session. He said he had proved by the evidence brought before the Committee that four-fifths of the landed property were represented by gentlemen in favour of the line, and that the popular feeling in both towns was strong in favour of the same line. Considering, therefore, this strong feeling, and that the obstruction which had unexpectedly occurred was a mere technical difficulty, to which any man of science was open, ho thought there was still the question before the Committee, the alternative whe ther they would adopt the one line or the other ; for, al though he was not in a position to construct his line, yet he would ask the Committee to reject the other line, that both lines Might meet pari passu on a fair field, and at another time. The Learned Gentleman then adverted to the character of the evidence given on the other side, and concluded with hoping that the Com mittee, considering the connexion with London by Guildforl, which would, no doubt, be made a direct route, connecting the towns in the west with the metropolis, who ware urgent to be accommodated with locomotion, but which would be denied them if the other line were granted them—that the Committee would decide that the other Bill should not be passed. The CHAIRMAN intimated that the Southampton branch must at lest be granted. Mr. Rows addressed the Committee against the Brighton Com pany's branch. on behalf of the Duke of Richmond, Lord George Lennox, and the landowners, and called, Mr. Stapely, who said that the pasture land passed through which rail from woodgate would be injured by the lying water, c of Lord George the railway Lennox could not get off. The ga rdens w ere sometimes flooded by the sea where passed, which would of course choke up th e drainage. Mrs. Smith's residence would be seriously interfered with, by the station at Bogner. It was not a country villa but a mansion, which could accommodate 500 at a time ; and the Duke of Cam bride and the nobility frequently visited there. The view of the mansion to the sea would be inte r fered with. The place contemp lated for a station was brook land, which lay under the sea every winter. Examined by Mr. NEALE (for Mr. Clark, a proprietor near Bognor) —The flooding on the field numbered 32 was twice as deep as 12 feet. A dock, as proposed by Mr. Clark, and a sea-wall, would be a great advantage to Bognor. The CHAIRMAN intimated here that the Committee were of opinion that they could not allow the Company to stop short on Mr. Clark's land of the station laid down on the sections without Mr. Clark's consent, and, therefore, the counsel's attention would be confined to the terminus in Bognor. The Committee pressed that the case of Mr. Clark might be settled by arbitration, but the counsel refused any compromise, and pro ceeded to call evidence to show the value of the land in question for building on. Mr. Galloway said he made surveys in last September at Mr. Clark's request preparatory to a dock being constructed. He ad vised the projected line of railway to terminate on different property from Mr. Clark's. Plans were prepared for the docks with a view to going to Parliament. Mr. Brown, solicitor, said he got up the company for the railway projected by Mr. Clark, previous to the publishing of the prospectus Mr. Rastrick agreed to become engineer, and his name was published accordingly in the prospectus. He laid the thing before the Brighton board, and they were pleased with his report. Afterwards, on call ing at Mr. Rastrick's for the plans which had been sent up, Mr. Ras trick said the Brighton Company had elected to make the line them selves. He called to see the Brighton board, bat did not get admission-200'. expenses had been incurred. Mr. Baker, Parliamentary agent,:was examined as to the line pro jected by Mr. Clark. Ills expenses ameunted to 3001., of which he had recovered nothing. The CUAIaMAN here took the liberty of suggesting that, as far as it appeared to the Committee on evidence, the Brighton Company ought to see Mr. Baker and Mr. Brown as to compensation for their professional expenses. Mr. limn said the Brighton directors were interested in the state ments made in evidence, for they were prepared to deny them if the Committee thought it necessary ; but as men of honour, and as hav ing generosity, they were prepared to submit to the arbitration of a gentleman on the subject. Mr. Hill suggested that one of the Com mittee might act in the case. Mr. HINDLEY consented to arbitrate as to the compensation proper to ke allowed to the two gentlemen. Mr. NEALE, having examined Mr. Terrell, rose to address the Committee, when The CHAIRMAN reminded him that the Committee could not award compensation, and suggested that it was unnecessary to address them, for their mind was that the Bill ought to be reported, proved, and passed. Mr. NEALE felt it to be his duty to his client to address the Com mittee, and proceeded to do so, asking them not to pass the Bill without a clause prohibiting the railway from going through Mr. Clark's land without his consent, and instanced the case of Mr. God son, M.P., who had got a similar clause in similar circumstances. The Committee then decided that the preamble of the Bill for the London and Brighton (Bognor and Littlehampton branches) was proved. The several clauses of the Bill were read and passed. 31r. NEALE moved the insertion of a clause prohibiting the Com pany from entering on Mr. Clark's land without his consent. The Committee decided against the clause. GROUP XVI. EPSOM: (Continued from our Afternoon Edition of yesterday.) In his cross-examination Mr. floss replied, that on the opening of the meeting the Chairman had intimated that the meeting was ex pressly called for those who were favourable to the branch of the South-Western Company, and that discussion of the merits would be deprecated. No other meeting had been called, and the reason he believed why this discussion had been avoided was, because it might have occasioned unpleasantness, but could be productive of uo good. The meeting was attended by from fifty to sixty persons, several of whom were not Epsom people. He had not heard that a petition had been presented, signed by upwards of 200 individuals ; but he be lieved that the inhabitauts generally were favourable to the South Western project. The traffic he presumed had increased since 1844, as the tolls had been let for 1601. more last year than in the year before; but he could not say whether the intercourse with London would support two lines. Two coaches had certainly been taken off the road, but there was one which instead of coming to London, was employed in running between Epsom and the Kingston station on the South-Western Line, and he conceived that the formation of the Chichester and Brighton branch would take off much of the usual Epsom traffic to Arundel, Worthing, and other places in that direction. Of the traffic to the West-end he knew nothing; nor could he say what was the population of the dis trict through which the branch was to pass. To Mr. ELLIOTT (who appeared for the South-Western Company) Mr. Goss replied that he knew nothing of the petition presented on behalf of the South- Western Company, but he believed that the im pression of the inhabitants of Epsom was decidedly in favour of the Waterloo -bridge terminus. To the CHAIRMAN, the witness said, that for the public the two lines would be better than one from Epsom. Captain blontrain, a magistrate at Ewell, testified to the same effect, and especially spoke to the advantage to be derived to the poor in the reduction in the price of coal by the formation of this line. He also corroborated Mr. Goss's evidence as to the respect ability of the petitioners in favour of the South-Western branch. Mr. Palmer, M.P., gave similar testimony, expressing a great in disposition to use the atmospheric system, and said that he had never seen an atmospheric carriage in action. It was his impression that the branch would open a considerable business with Kingston, and that pert et the country. Sir Thomas Weeding, a magistrate, residing at Malden, thought this branch would be of service in bringing lime from Ashden for the farmers, a manure of which the ground was much in need. Ho con firmed the evidence of the previous witnesses as to the probable ad vantages of the line to the country, and the feelings of the inhabitants respecting it. Maldon is about a mile at present from the main line of the South-Western Ral.way, but the branch was proposed to run through Malden, and would pass through one of his farms for three quarters of a mile. The parish comprised about 1,200 acres, and this branch was necessary to enable the farmers to keep their heads above water. He made a personal sacrifice to get the railway, be.. cause he believed it would be for the advantage of his neighbours generally. alr. F. Garner, who holds Co omb Farm, which comprised.7oo acres, under the Duke of Cambridge, expressed a belief that rs many its 15,000 acres would be benefited by the railway. He himself used about 600 tons a year. Now it required a whole day to fetch a waggon load of chalk, and it cost about 101. an acre to dress the land with chalk. If the railway were made they would be able to have four loads a day instead of one, and the expense of carriage would not be more than one-fourth of what it is at present. If lie could, however, obtain it in this way he would use at !east 1,200 tons in a year. To Mr. ALEXANDER'S cross-examination the witness replied that he did not expect to derive this advantage until the railway was made as far as Asliden ; and on re-examination by Mr. Hope, he stated that if the lime was put on the rail at Epsom lie would get all the advantages which he anticipated. There were, however, chalk-pits at Epsom itself, about half a mile from the proposed railway. The Committee then adjourned till twelve o'clock to-morrow. GROUP XIX. Mr. Whltcliaad was the first witness called, who stated he was an engineer. His evidence went to show that the Exeter, Topsham, and Exmouth proposed line was the best, and most direct communica tion, the probable expense of which would be about 100,0001. ; the purchase of land he included in that sum. Mr. Brunel, engineer of the South Devon Railway, was the next witness. He considered that the sum of 100,000/. sufficiently ade quate to carry out the proposed line, and that no difficulty or impe diment, as some person had entertained, would be encountered from a drawbridge on the river Axe, as he clearly showed that by atmospheric power, all difficulty would be set aside, and that at a moderate expense. Mr. Sa.muda, an atmospheric engineer, was then called, who corro borated the testimony of Mr. Brunel as to the application of the at mospheric principle in this case. The examination of this witness was proceeding when, at fern* o'clock, the Committee adjourned until twelve o'clock to-morrow. GROUP XXI. GIZEILT WESTEIIIN DISTRICT. (Continued from our Afternoon Edition of yesterday.) Mr. lIILDY AIM then proceeded to state the case on behalf of the promoters of the Bill. He said, the origi - sat conception of the line Gloucester Was i of a more extensive character than that now under the imme deeat,e, conskieration of the Committee, as it was intended to have extendedL glauci considerably beyond Oxford, and into the west of and was to be called the London, Oxford, Cheltenham, and Hereford Railway. But it would, perhaps,bebl n tl n i d e to raconection alte t r wo u Bills we of the Committee,. that during the last session of Parliament, posed to traverse, nam ' 1 y, giving ac,cornme l d eir determination—one, more 'milieu re passed which lel the pro moters larl tion to the districts which they pro ton Hallway, which rane; the Oxford, Worcester, and Wolverhatnp aely into that district to pro moters of this line originall e y ci i too brunch from intended to afford railway accommoda tion, and by a 11111, which had which the n fr i e ntroduced into Parliament this the Oxford, Worcester, and i 'a te - i t th Cheltenham and Glou teonnnsetalleat'ianyg c":ster. _ The promoters of the IC sn o ss rt in h n ana n p f line, an Unnecessary competition with those lines, 'i''' to enterinto te nted them selves with proposing to supply those districts con f a it particularly req uired the assistanc e or which they direct commun i cat ion between London and Oxford.' He needrailway not the Committee that the enormous expense of bringing a state to separate terminus to a convenie nt p osition in London would be such that them promoters of a railway of the descript i o n before them cow I I fail to bo embarrassed by this part of their scheme. They, there fore, proposed either to avail themselves of the London and Bir mingham Railway, by a junction with it immediately before enter ing London, or by a junction with the Great Western Railway, and to construct their line on the narr ow gauge. They would perceive, by the plan, that the railway w hich they had adopted started from the London and Birmingham Railway, at Harrow parish, at a distance of seven miles from its terminus at Euston-square, and ran by the valley of the Brent up to High Wycombe, from Uxbridge. It then took a northerly direction, and approached within a mile of Prince's Risborough. It ran up and made that detour in order to avoid Stoke Church-hill, which in volved serious engineering difficulties and expense. To get to Prince's Itisborough it proceeded through a natural gap in the range of Chiltern Hills. It then descended upon a rich agricultural dis trict, perhaps the richest in Oxfordshire, and so approached the city of Oxford, where it would have a double terminus—one independent terminus la the parish of St. Clement's, near the 53d mile station on the London road, the other a short branch, one mile, seven furlongs and two chains in length, which was to be :connected with the Gnat Western terminus in the city of Oxford. The merit of the inde pendent terminus at Oxford was this, that it would afford very great facility for continuing the line, so as to join the two lines to which he had referred as riving received the sanction of Parliament, namely. the Oxford and Rugby, and the Oxford, Worcester, and Wolverhampton Railway. There was also another branch, three miles and two furlongs In length, to Theme, a town of considerable importance, speaking as he did of the whole agricultural district which the whale line traversed. There was another branch which, how ever, was net delineated on the map, for reasons which he would presently state, whereby a communication was effected with the Great Western Railway, by a a deviation a little east of Uxbridge, affording communication between this line and Southall. This was the line as described in the plans and sections deposited at the Board of Trade, in persuance of the rending orders of Parliament. The Committee would remember that at that period no report had been made by the Commissieuers appointed by the Crown, in pursuance of a resolution of the House of Commons to report on the relative merits or demerits of the broad and narrow gauges. They therefore thought it necessary to provide schemes on which they might adopt either of those gauges, in accordance with the decision of the Committee—in the one case, by farming a junction with the London and B:rmiugham Railway, and using the narrow gauge ; or in the other, by connecting it and its branches and termini with the Great Western, and adopting the broad gauge throughout its whole course. Since the presentation of the report of the Commit tee they had abandoned their intention of connecting the line with the Great Western Railway, and proposed to connect it with the London and Birmingham, as delineated and as he had described, and to construct an independent terminus at Oxford. One great merit of this terminus was, that it 'would enable them to connect the line with the two lines to Which he had referred, which would, he believed, be laid down on the narrow gauge, because he believed that the Government approved of that report, and because the Board of Trade had the power to compel the Great Western Com pany to adopt a narrow gauge, 'alley thought peeper to do so. If the recommendations of the report were adopted by Parliament (and he believed it was satisfactory to everybody except the Great Western Company), there would be, by means of this line, one continuous narrow gauge, extending through all that district which was tra versed by the Oxford, Worcester, and Wolverhampton Railway, and the branches, proposed to accommodate Gloucester and Cheltenham, of the Oxford and Rugby Railway ; a continuous narrow guago would then extend through these districts, to the Euston-square station of the London and Birmingham Railway. They were prepared for an opposite decision, and intended to abide by the decision of the Commissioners, and should have been able to construct their line, either on the broad or narrow gauge, within their estimates. lie hoped the Committee would not adopt the course generally pursued by the Legislature with regard to railways through agricultural dis tricts, and adopt this line, especially as that part of the country was very deficientin that railway communication which had been readily conceded to the manufacturing portions. Besides, the line followed the course which the traffic originally took before railways were con structed, and so far from seeking to draw traffic from any existing channel, they were now struggling to get back that traffic which, but a few years ago, passed through it. Forty or fifty of the best ap pointed coaches in the world formerly ran between Oxford and Lou don, along the exact course of the line. Uxbridge was the second corn market in England, and Wycombe was the centre of a district in which a great quantity of beech was grown, the soil being dry, and particularly favourable for its production, and contained a number of beech manufacturers, which gave employment to great uumberS of people. The population in all these districts had a right to havetheir legitimate grievances considered and redressed as well as those large districts which had been and were so clamorous for railway commu nication. If they were to be overlooked on account of their dispersed condition, they would languish in poverty and retrograde, whilst other parts of the country advanced in prosperity. They required speedy and cheap communication for their agricultural produce and fabrics, and particularly for coals, which were 10s. per ton dearer than they would be if they had a railway. The line proposed by the Great Weltern did not offer the advantages which their line did, as their connexion with London was superior and not circuitous, with a station in the best part of London. The Great Western was not a bad west-end terminus ; but what facilities did it offer to persons who had business to transact in the City and in the east of London ? The inhabitants of high Wycombe mid Uxbridge were extremely energetic in favour of the line, and considered that the lines proposed by the Great Western did not offer the accommodation they required, and he was therefore lit a loss to know on what ground the Great Western came forward to oppose the whole of their project. With regard to the opposition of the land owners, there was a formidable list of petitions on the table of the Committee ; but it happened that all these petitions came from the same workshop—from the Great Western Railway. He; would just allude to one passage in these petitions to corroborate what he had stated, because the Committee might be prejudieed against the scheme on account of their number. The petition of a Mr. S. Cousin, who resided in Oxford, set forth " That the Great Western Railway at present affords every facility fur the trade of Oxford an) neighbourhood, by safe and speedy communication, and the petitioner therefore submits that another lino to Oxford is not required for the public or private wants of the district." This passage occurred in the petition of a Mr. Dunkley, of Berkshire, and in other petitions emanating from Bucks and other places, and, besides, the name of the solicitor of the Great Western Railway ap peared on the back of twenty-two of these petitions, show ing that they were all produced by the same master mind.--(Laughter.) The Great Western Railway was con centrated in two persons —Mr. Saunders and Mr. Brunel — the former of whom was examined last year with respect to an opposition line from Birmingham. He begged the attention of the Committee to an extract—which was very creditable to him, as his doctrines were correct—but he did not like to come there to oppose their line, and to excuse himself on the ground of " his opinions having undergone a change."— (Laughter, in which the Committee joined.) With respect to a question concerning the South Staffordshire Railway and communi cation as far north as Liverpool, he said he thought a second line to London could not fail to be of great public importance, as it would reduce the fares, and would give greater accommodation, and benefit the Companies; that such competition lowesed fares ; and that the interest of Companies, even when they ran into the same county, would be thereby promoted. After some further observations, he concluded by calling on that Committee to pass the preamble of the Bill. Witnesses were then called on behalf of the promoters. Mr. Hull, a miller and mealman, who had resided in Uxbridge 25 years, which was a great " p itch" market (corn sold in bulk), and had suffered much from the want of direct communicatiox with London. The carriage of flour to London was Is. 2d. per sack ; by a direct railway it would be one-half The average demand of wheat was about 3,000 quarters a week, but Uxbridge and its immediate vicinity could hot supply more than 2,000 quarters. Mr. H. Norton, corn inspector, at Uxbridge, spoke to the same facts. Mr. W. Pratt, cattle salesman, at Southall and Hillingdon—On the average 2,000 sheep, 300 beasts, 50 or 60 calves, 70 or 80 pigs, came to Southall market weekly; many of them came from Bucks and Berks. Dr. Beasland, a teacher in Uxbridge, said he occupied the chair at a meeting held in October last, at which those present were una nimous In favour of the line. Mr. Blinks, butcher, Beseonsfield, said the price of coals in that town were 40s. a ten, aad that he apprehended that a railway would considerably reduce their price. Sir H. Lambert, of Stockechurchi, considered that the railway would be of great advantage to himself personally, and to his tenants. A number of other witnesses were called, who testified to similar facts, and were all in favour of the line, and that it would confer great advantages on the districts through which it was designed to pass. The Commitee then adjourned until to-morrow. GROUP XXV. (Continued from our Afternoon Edition of yesterday.) HAILIATICII AND EASTERN COUNTIES - FUNCTION. The next line called was the Harwich and Eastern Counties Junc tion. The case for the promoters was stated by Mr. Cockburn. The scheme was for making a line from Colchester to Harwich, and thus connecting the latter port with the metropolis. The distance between Colchester and Harwich was eighteen miles, and dye miles of his route being already occupied by the Eastern Union Company, there would now only be required thirteen miles of railway. There could be no doubt of the importance of the line, for previous to the establishment of steam navigation, Harwich was the port of embar kation for the foreign mails, and for passengers proceeding to Nor thern and Central Europe, and now under the recommendation of the Harbour of Refuge Commissioners, the Government were going to improve the harbour, and again restore it to its former position. Now, the presentline was projected by Mr. Locke in 1844, in opposi tion to an Eastern County line, laid down by M:•. Brathwaite, but some of these lines were thrown out, notwithstanding that Mr. Locke, Mr. Stephenson, and Mr. Bidder, stated that the former was the best that could be laid out. Subsequently the Easters Counties amalgamated with the Company with which Mr. Locke was con nected, and at the instigation of the two Companies, Mr. Locke laid out another line to Harwich; but the other one which he had promoted beiug manifestly the best of the two, Mr. Braithwaite adopted it, and found no difficulty in getting a company of capitalists to support him. The two lines same before Parlfament in the last session, but they were both thrown out on standing orders. Now, Mr. Locke's new line passed along the banks of a navigable river, while his old one and the line now promoted by Mr. Braith waite passed through the interior of the county, and, of course, ac commodated more population. The works on the old line were much easier than on the new, and in point of distance, the former was shorter by half a mile than the latter. The old line was sancticeed by the Admiralty, but the new one was not. The estimate for the works, which included a pier at Harwich, was 180,0001. Mr. Lawrence, one of the senior clerks of the General Post-office, proved that Harwich, previous to the establishment of steam navi gation, was the port of embarkation for the northern mails. At present, owing to the difficulty of navigating the Thames in foggy weather, the mails were oft en delayed, while, if there was a direct communication with Harwich from the metropolis, this difficulty would be overcome. Mr. JAMES was proceeding to call• general evidence in support of the line, but was interrupted by the TheCIIAIRMAN, who said there was no necessity for the time of the Committee being taken up with general evidence, because it must be admitted by every one that a line ought to be made between Col chester and Harwich. Mr. JAMES—And the only qucstion is who shall make It. The CnAIRMAN—I think that is all we have to decide. Mr. JAMES—Then I will not trouble the Committee with general evidence, but confine myself to evidence relating to the pier at Harwich. Capt. Washington, one of the Tidal Harbour Cemmissioers, was called to speak to the importance of Harwich, as a port of embarkation. Going by way of Harwich, the journey to liamburgh and Rotterdam, was performed in half the present time. It was the only harbour of re fuge between the Thames and the Humber, and he anticipated shortly that it would be made a mall and packet station. Mr. John Brathwaite, the engineer who laid out the line, proved that the gradients were good, and the curves easy. It would be half a mile shorter than the rival line, and pass from a place called Bovels Hall to Harwich, 13 miles, and he estimated the cost of the works at 180,0001., which included 30,0001. for the pier at llarwich. The estimate was 15,0001. more than it would have been formerly, owing to the increase in the cost and price of labour and materials. On cross-examination by Mr. AUSTIN, on behalf of the competing line promoted by the Eastern Counties and the Eastern Union Company, the witness admitted that the distance between Harwich and Ipswich by the rival line would be six miles shorter than his own, while the time saved in performing the journey by his own line from London to Harwich would not be more than a minute. The witness was also cross-examined by Mr. Bacentaw with a view of showing that this independent line would do more damage to his property at Harwich than tile rival line. Tho Committee then adjourned. Sub•Committco No. 2. (Continued from our Afternoon Edition of yesterday. 74..,Er..33S AND TECX2SII. Tl,e c4jeot of this Bill was to construct a line *f railway from the Leeds and Thrisk Railway near Ripon, through Northallarton, Yarn, Stockton, to Hartlepool. The length of the line was thirty ono miles, and the amount of capital 455,5601. Engineer, Mr. Thomas Grainger; l'srliamentary Agents, Messrs. Burke and Co. The standing orders were complied with, except with respect to the evidence of one of-the parties serving, who was absent through illness. The CHAIRMAN said that the Committee would receive an affi davit of the service the next day they sat. The Committee then adjourned. STANDING ORDERS' COMMITTEES. HOUSE OF COMMONS. The sittings of this Committee commenced this morning at the enstomary hour. The Members present were Mr. T. B. Estcourt (chairman), Mr. Ord, Mr. Pendary es, fair W. Heathcote, Mr. H. Drummond, Mr. W. Patten. THE NEWPORT AND PILLGWNLLY RAILWAY was allowed to be proceeded with. The decision in the case of the BEDFORD AND CAMBRIDGE RAILWAY was postponed till Friday next. There not being any parties in support of the BIRKENHEAD, LANCASHIRE, AND CHESHIRE, HULL, AND LINCOLN, we were not able to ascertain the decision of the Committee in re ference to them. The Committee then adjourned till Friday next. Sub-Committee, No. 1, 110RIYSIIIRE LINE. (Continued from our Afternoon Edition of yesterday.) The result of the investigation of this ease showed that It ought to have been divided into two separate lines, and that, as a datum line was , given for only one, that the standing orders were not cempiled with. Several other allegations respecting want of num bers, want of enlarged plans, &c., were then gone into, some of which were sustained, and some not. OXWORD, SOUT:SAiIfIP7, I ON, GOSPORT, AND POILTSSIourR The formal proofs of this line having been gone into, the Com mittee were occupied with the consideration of the case up to fon o'clock, when they adjourned. Sub-Committee, No. 2. BRITISH AND IRISH UNION RAILWAY.The decision of the Oommittee on this line was that some of the allegations of the petitioners were sustained, and were, therefor e non - compliant with the standing orders. The Committee reported accordingly. SOUTH WALES RAILWAY (No. 1.) The promoters of this line withdrew it, and further proceedings were of course dropped. LEEDS AND TiIIRSK (NORTH-EASTERN EXTENSION, BATH TO HARTLEPOOL) RAILWAY. The formal proofs having been given, the Committee declared that the standing orders had been compliel with. The Committee adjourned at four o'clock. Stth-Committeo No. 3. WILTS, SOMERSET AND WEYMOUTH RAILWAY. (Continued from our Afternoon Edition of yesterday.) The petition of Henry Haman, agent of Mr. Vivian, alleged that the required notice had not been served by the promoters on him or Mr. Vivian, who was the owner of a large property through which the proposed line would pass, and who was abroad when the notices were served. After a lengtheted examination the room was ordered to be cleared, and on our re-admission The CEIAIRMAN gave the following decision on the point :—The ee cision of the Committee is, that inasmuch as it is not alleged in the petition that Mr. Vivian was absent on the 30th of November, and his absence at that particular time is the only ground upon which Mr. Haman could complain of non-compliance with the standing orders, as being his agent, and not having received notice, that sup posing the whole of the facts in this petition to have been proved, they do not amount to non-compliance with the standing orders; and he could not, therefore, admit proof of the absence of Mr. Vivian on the 30th of November, inasmuch as it is not alleged in the petition. Several allegations were then gone into, one especially, respecting the plans Rot being in the same state as when they were deposited with the clerk of the peace. The Committee were of opinion that this was not sustained. The Committee adjourned at four o'clock. Sub-Committee No. 6. LANARKSHIRE AND LOTHIANS. (Continued from our Afternoon Edition of yesterday.) The Committee, after a lengthened investigation of the objections already referred to, decided that in several important points the standing orders were not complied with. The only point of general interest which arose was, that where plans and sections had been un necessarily lodged, such plans, though not required by the standing orders must be correct, and auy inaccuracy in such plans would be as detrimental to the Bill as if they had occurred in those required by the standing orders to be deposited. The Committee adjourned at four o'clock. BELGIAN EASTERN JUNCTION RAILWAY. A meeting of the shareholders and directors of this Company was held yesterday at the London Tavern, Sir Frederick Smith in the chair, for . the purpose of consi- dering the expediency of dissolving theC9inpany. The SECRETARY read the report of Mr. Stevenson as to the feasibility of forming the line. • The CHAIRMAN said he wished to make a few ob servations upon that report. He had the pleasure of being able to state that the Belgian Government were favourably disposed towards the line if the shareholders should think fit to approve of its being made. He next took up the report of Mr. Bally, the resident engineer, which, he said, contained all the statistical details, and was a very voluminous document; but he would read it if the me( ting thought fit.—(Cries of " No, no.") A SHAREHOLDER exrressed a wish to have the ac count of receipts and disbursements read. The CHAIRMAN said he would read it, and proceeded to do so. The amount paid up, at the rate of 21. 10s. per share, was Caution money 30,000 0 0 Exchequer Bills Cash in Bank Note bearing interest Cash at the office l9 6 11 Tn answer to a question from a SHAREHOLDER, The CHAIRMAN said that " the note bearing interest," meant a sum that was to be paid for the concession of the French Government. He then read the items of the expenditure, which amounted in the aggregate to about 2,0001. A SHAREHOLDER, who spoke in a strong foreign ac cent, said the 12,0001. was raid before this Company had actually any existence. He was of opinion that the Company should be dissolved. He would like to know how many shares had been allotted to the directors? The CHAIRMAN said they had 400 shares each, on which they had paid up in full, and they had had not one single share reserved to them.—(Hear.) Mr. LAMERT suggested that the Directors' report should be moved and seconded, as he had an amend• ment to move to it. _ _ The SOLICITOR to the Bill said that the Company as yet was not formed, and therefore it would be better that the report should be print4d end circulated, and perhaps consider the adoption or reception of it at a future meeting. Mr. LAmgaT hoped that day would never arrive.— (Loud cries of " Hear, hear.") He hoped the Company would be dissolved, and he had no doubt they would get back their 30,0001. due from the Belgian Govern ment. He held in his hand a map received this morning from Brussels, by which it appeared there were 66 lines projected, which would cross their proposed line like a spider's web, but he hoped their money would not be the fly to get into that web.—(flear, hear.) With regard to Mr. Stevenson's report, he would say that that gentleman had a great many other railways in hand, and he had been hunted for two months before this report could be got. and now when it appeared suddenly before them the line was found he position he had stated. fie concluded by proposing hat the Company be now dissolved.—(Hear, hear.) Mr. FIELD seconded the resolution, and asked a ques- tion relative to the 12,0001. The CHAIRICAN said that all the directors, except two, were concessionaires, and all were liable to the payment of the 12,0001. Mr. FIELD expressed himself satisfied with the answer, and thought that the directors had acted all through in an honourable manner. The SOLICITOR to the Bill said, that he thought the 12,000/. was paid to a Belgian subject for property of his over which the proposed line was to pass, and the opinion of counsel had been taken, which was to the effect, that whether the Bill did pass or not, the Company were liable to the payment of the 12,0001., and to 3,0001. in addition if the Bill should pass. Mr. FIELD could not tee the use of this meeting if it was to do no more than hear reports read. They had heard that there were 10,000 shares which had not been taken up, and that means were being taken to compel' the parties to do so. He thought that was a strong fact in favour of dissolving the Company, though he had heard it said that there was a legal difficulty in the way. But he looked upon it as utterly hopeless to go on. Mr. AMPSINK said he did not think the Chairman could put the resolution.—(Cries of " Oh, oh," and cla mour.) No Company could be dissolved unless by the consent of all the partners, or unless Chancery com pelled it. A SHAREHOLDER would like to have the opinion of the solicitor now behind the chair upon this question, for this was a Company held together by no other deed, or act, or bend than the prospectus he now held in his hand. The CHAIRMAN said the directors had foreseen the necessity of adopting the course, and they had taken an opinion. The SOLICITOR then read the opinions of Messrs. Turner, Wigram, and Palmer, upon the case submitted to them, and which was'a very lengthened document •, the opinions were to the effect that the Company could not be dissolved without the consent of all the share holders ; and that if the directors did dissolve the Com pany, they would be liable, not only to the dissentient shareholders for the whole amount of their deposits, but also, perhaps, an action for breach of contract. Mr. LAMERT said he had taken an opinion also. He contended that all the shares had not been paid for at the time of the agreement about the 12,0001., and the prospectus did not state that fact at all. The SOLICITOR said that all the shares had been allotted at the time, which was the same thing. Here the proceedings became exceedingly boistereus and irregular, and cries of (" Decide," and " put law against law,") arose from different parts of the room, which was crowded to excess. The opinion Mr. Lamert had taken was then read ; it was from Mr. Chambers, who was of opinion that the withholding of the fact as to the 12,0001. from the pro sp, ctus, would be a sufficient ground for him to seek to recover his deposits. Mr. LAMERT asked if an instance could he named in which the Belgian Government, failing to ratify un - undertaking, refunded the 30,0001. depented? Mr. AMPSINK said he knew of several, but that the Belgian Government never promised without intending to perform. Mr. LASIEIiT begged of the Chairman to put his re solution. The CHAIRMAN said he could not do so, and then pro ceeded to speak of the many advantages the line pos sessed, and said it would be impossible that it could have any line competing with it. The meeting shortly after separated, having come to no determination; but the under.tanding appeared to be that the work should go on, as there appeared to be no legal mode of dissolving the Company. A SCENE IN CHURCH.—A young sprig of Puseyism, who had been lately appointed to officiate as curate in an unsophisticated 7arish in this neighbourhood, in the church of which said parish psalmody has been long exercised by the choir, to the full satisfaction of the parishioners, shortly after his arrival intimated his intention of giving out the Psalms himself. The clerk made a meek remon- • strance against the threatened innovation, and two stm days passed quietly away. On the third, however, the parson informed tae clerk that he should that day give out the Psalms. At the proper period of the service, the clerk, as usual, left his desk to proceed to the singing gallery, to lead the choir. In passing the churchwarden's pew, he leant over to his brother functionary, and in no very subdued whisper, said "He is a going to do it. He is a-going to do it, and d-- me if I know where it'll end." He then walked quietly to the gallery. The parson, like an honest man, determined to keep his word, and accordingly gave out the Psalms. No music followed—the choristers were dumb—the congregation listened in surprise, but the singing was bucked! The clerk, from the front of the gallery, then addressed the parson in the following words :—" I tould'ee how 'twould be measter! If it ltisn't as it was, they weant sing at all." The next day the parson acquainted the churchwarden that he should take down the singing gallery altogether, to which the zealous functionary replied, "No, measter, you weant—eff so be you were to try to, I wedn't aanser for yet life for five minutes in this parish 1" Falmouth Packet. THE CORN TRADE,--LIVERPOOL, TUESDAY, MARCH 24.—The duties, under the existing law, have advanced Is. per quarter on foreign barley, beans, and peas, and ed. per quarter on colonial barley. The imports from Ireland and coastwise during the past week were to a fair amount ; from Canada and the United States there were no supplies ; and from foreign European ports only 1,030 quarters of wheat, 187 quarters of beans, and 1,750 quarters of Indian corn. The trade, up to Friday, remained in the same inac tive state so long reported; holders, however, gained more firmness on account of the delay which attends the new Corn law in its progress, and purchases could scarcely be made on the easy terms of Tuesday. Subsequently an improved demand has been experienced fur every article, and at better prices. Of bonded wheat and flour no sales were reported. Indian corn in good request for shipment to Ireland, at 33a. for red and'3:7:s. for white, per 4801 b. At our Corn-Exchange this morning there was a nu:ldling attendance of the trade and fair show of samples of all kinds of grain, meal, and float - . There was a moderate retail demand for the better descrip tions of new wheat, which were fully Id. per 701 b. dearer than on this day week ; but all other kinds were dull, at pre vious rates. Oats were held for full pr;e2B, though little was done in them. Malting barley scarce, and fully as dear. Malt without change. Indian corn was Is. to Is. 6d. per quarter higher, and in request. Beans and peas were flat. The transactions in flour were very limited, at former rates. Meal was fully 61 per load dearer. No sales took place in wheat or flour in bond. BENEVOLENT SOCIETY OF ST. PATRICN. -- At the dinner at the Freemason's Tavern, on Tuesday evening, Mr. W. W. Simpson was announced as the donor of twenty-five guineas, thus constituting himself a life governor of the charity. • ASSIZE INTELLIGENCE. HO ME CIRCUIT.--Kingston, March 25. CIVIL SIDE.— (Before Lord Chief Justice DENMAN and a, Common Jury.) DUNN V. VESTON AND (MMES. This was an action brought by Mr. Henry Dunn, the Secretary to the British and Foreign School Society, against the defendants, who are the responsible parties connected with the parish of St. George, Southwark, for an alleged illegal distraint upon the premises of the society in that parish for poor-rates. Mr. Sergeant Channel and Mr. Peacock were for the plaintiff, and Mr. Montagu Chambers and Mr. Bovill appeared for the defendants. Mr. Sergeant CEANNELL briefly addressed the jury, and said that, although in point of form the present action was brought to recover damages for a trespass, yet the real question at issue was one purely of law, and whether the premises of this society—of the usefulness and value of which, and the important objects it had in view, the public were well acquainted—were liable to be assessed to the poor -rate, or whether they were not, by reason of their character in connexion with a charitable institution, exempt from such payments; and the only object of the present proceeding was to ascer tain the legal lights of the respective parties. Mr. CHAMBERS said it was certainly a question of law, and some consultation then took place between the Learned Counsel engaged in the cause and the Court, I and eventually, the facts having been agreed upon, the . _ LORD CHIEF JUSTICE directed the jury to return a verdict for the plaintiff, subject to the opinions of the Court of Common Pleas, upon the point of law involved in the question. CROWN SIDE. (Before Mr. Baron ALDERSON.) Francis 7'ayler, 31, painter, wa4 indicted for the wil -1 murder of Frederick Rowland Lynch, at the parish of Mickleham, by stabbing him with a knife. Mr. W. Payne conducted the prosecution, end statfll the facts of the case in a most clear and temperate manner. Mr. Clarkson and Mr. Ballantyne appeared for the pri- soner. From the evidence adduced, it appeared that, on the 2d of September., there was a fair held at Box-hill, in this county, and booths were erected as usual upon such occasions, and there was a good deal of drinking going on. The prisoner, who is a painter, and in the service of Messrs. Cubitt. the well-known builders, was, it ap- peared, with some of his fillow-workmen, engaged tin a job in the neighbourhood, and he was at the fair in the evening. It seems that some dispute had taken place be tween the prisoner and bis companions and some of the country people, and, about eleven o'clock at night, the prisoner went out of the booth in which he had been drinking, and was followed by the deceased and soma other persons; and the prisoner, who at the time was ob served to have something in his hand whi , 4l glittered like a knife, was heard to say, that if they followed him, they should " have that," or words to the same effect. Shortly after this the deceased went up to him, and asked if he was the man who had challenged him to fight, and said, that if he were he was his man; and upon this the prisoner almost immediately stabbed him, and inflicted such injury that he died very soon afterwards. This was the principal evidence against the prisoner, but it appeared in the course of the case that the prisoner and one of his companions had been foll Owed by the deceased, and about twenty other persons, armed with sticks,and that his companion had been knocked down, and very much ill treated, so that there was very good reason to suppose that he had com mitted the act under the iropree:ton that he was in danger of personal violence, and to protect himself ffom it. - Mr. CLARRSroN made a very forcible address to the jury on behalf of the prisoner, commenting with his usual ability up m every point that could be urged in his favour, and concluding by producing testimony to the good character of the prisoner. Mr. Baron ALDERSON having summed up, The jury, after deliberating for some time, returned a verdict finding the prisoner guilty of manslaughter, but they at the same time strongly recommended him to mercy on account of the aggravating circumstances un der which the offence had been committed. The Learned JUDGE, in passinventence, said ho quite concurred in the verdict, and he should give full effect to the recommendation of the jury : The prisoner had already been in confinement for six months, and the sentence he should now pass upon him was, that he be further imprisoned for one week, and then be discharged. E:izabeth Winn, 26, was arraigned upon the coro ner's inquisition, for the murder of her female bastard child at the parish of Croydon. A bill had been preferred before the Grand Jury against the prisoner, but they ignored it. As the pri soner, however, had been committed under the coro ner's warrant, it was necessary that the inquisition should be disposed of. Mr. KNAPP appeared for the prosecution, and was about to address the jury, when Mr. Baron ALDERSON interposed, and said he really did not see that there was any evidence against the prisoner. The only facts deposed to appeared to be that the accused young woman had been delivered of a child, and that the body of a child was found in some part of the parish where she lived. There was not, however, the slightest evidence to show that this was her child, or that there was any connexion between them, and there fore he considered it useless to allow the case to go, to the jury. Mr. KNAPP said he quite concurred in the observa tions made by his Lordship. The evidence was certainly very slight. Thejury then, under his Lordship's direction, returned a verdict of Not Guilty,-and the prisoner, who had been some weeks in custody, was ordered to be immediately discharged. James Haybittle, 28, and Mfred ilaybittle, 21, brothers, were indicted for feloniously setting fire to a stack of hay, the property of the Right Hon. Henry Goulburn. Mr. Ryland and Mr. Parry conducted the prosecution. It appeared that the fire in question took place on Christmas-day last year in the stack-yard of the prose eutor at Betehworth, near Reigate, and from the circum stance of the stack being fired in several different places, the act was clearly that of an incendiary. The prisoners were labourers residing in the neighbourhood, and the only evidence against them consisted of declarations made by them to different parties upon the subject of the fire, these statements being to the effect, that they were present when the stack was fired, but that another person committed the act, and they merely looked on and took no part in the proceeding. When before the magistrates they both, however, stated that this story was not true, and each charged the other with being the guilty party. Mr. Baron ALDERSON summed up the case with great care, and told the jary that he was bound to inform them, that in law a statement made by one prisoner against another was not evidence against that other ; and said, that in this case the only evidence to support the charge was the mere statement of the prisoners—it would be for the jury to say whether they considered this suffi cient to warrant them in convicting the accused parties. The jury, after deliberating for some time, returned a verdict of Not Guilty. John Misplay Clay, 60, was indicted for feloniously stealing three knives, and other articles, the property of Henry Hillman. Mr. Charnock conducted the prosecution. The prisoner, it appeared, carried on, ostensibly, the business of a marine store dealer, in Kent street, but there was very little doubt, from the evidence, that his establishment was a regular " fence," or receptacle for stolen property ; for upon the officers going there, they found a large quantity of stolen property, which was made the subject of some separate indictments against the prisoners. The jury returned a verdict of Guilty. The Learned Judge said, that but for the age of the prisoner, he should most certainly have sentenced him to transportation, but taking that into consideration, he should sentence him to be kept to hard labou for two years. His Lordship at the same time ordered that a reward of five pounds should be given to the constables for their exertit,ns in bringing the case home to the prisoner. MIDLAND ClRCUlT.—Coventry, March 24. (Before Lord Chief Justice TLNDAL.) THE QUEEN V. JOHN THOMPSON AND WILLOUGHBY WILSON: The prisoners were indicted for a highway robbery, ac companied with violence, at the parish of Foleshill, about three miles from this city. Mr. Hayes appeared as counsel for the prosecution; Mr. Miller defended the prisoner Thompson, and Mr. Flood de fended Wilson. - From the statement of the Learned Counsel for the prose cution, which was borne out by the evidence, it appeared that the prosecutor, whose name was Faulkner, was returning to Foleshill from Coventry, having a considerable sum of money in his possession, on the night of the 11th of this month.. Ho was overtaken in his way by the two prisoners, of whom he inquired the way to Mr. Walker's, the beat-builder, at Foleshill, and told them that he wanted to pay him some money. After treating the two prisoners to .some beer at a public:house, they all proceeded on their way, but upon their arrival at a second public-house Wilson pro ceeded apparently on his way home, the other prisoner and the prosecutor remaining behind for about five minutes. After this they again proceeded on their journey. The prosecutor suggested that they should go across a footpath, which they did, and at the end of about 500 yards they found Wilson lying down on the ground near the stile. They spoke to him, and passed on for about 400 yards further ; when, upon ar riving at another stile, the prisoner Thomson three , the pro secutor suddenly into a ditch more than half full of water. At that moment a second person, whom the prosecutor could net identify, came up and jumped upon him as he was lying in the ditch; and they both attempted to drown him in the ditch, the one trampling on him, while the other held his head under water. The second person pulled out a knife, similar to one afterwards found in Wilson's pocket, and de clared he would cut the prosecutor's throat ; and was only prevented from doing so by the prisoner Thompson, who said "he would drown fast enough." They then robbed him of all his money, and left him in a very exhausted state. Both the prisoners were apprehended on the following day, but none of the stolen property had ever been found. Thompson's hat and clothes were found covered with mud and dirt ; the shoes of Wilson were found to correspond with footmarks at the place where the robbery . was committed, tut that field was in the occupation of the prisoner's brother. Mr. MILLER contended that the whole transaction was a drunken frolic, in which he admitted that his client had par ticipated. Mr FLOOD, in addressing the jury, denial that there was sufficient evidence of the presence of Wilson on the occasion, the prosecutor having been unable to identify him, though acquainted with his features. The Loren CHIEF JUSTICE summed up the evidence, and the jury, after deliberating about half an hour, returned a verdict of Guilty against both the prisoners. Thornpsort, having been previously convicted of felony, was sentenced to transportation for life, and Wilson for fifteen years. OXFORD CIRCUIT.— Stafford, March 24. CROWN COURT. At nine o'clock this morning the Learned' Chief Baron took his seat in the Nisi Prius Court, and after the disposal of a few unimportant cases of felony, the Learned Judge rove, and his Court was adjourned, the remaining business of the assizes being of a trivial character. (Before Mr. Baron PLATT.) Three very respectably-dress° 1 men, Thomas George Jones, aged 24, Samuel Jews, aged 22, and John Hines ; Aged 26, were indicted for assaulting James M‘Dermott on the 12th of September last, at Norton Canes, putting him in bodily fear, and stealing from his persen two sovereigns, a tobacco-box, and a small quantity of tobacco, his property. Mr. Iluddleston conducted the prosecution; Mr. Yardley defended the prisoners. _ _ . It appeared that the prosecutor, with a party of other la bourer:., all natives of the sister isle, had been working for a farmer of the name of Roberts , and assisting him to — get in his harvest. On the day in question he paid two sovereigns and eight shillings to one of their number for division amongst the rest, and his wife sold half an ounce of tobacco to the prosecutor. Almost immediately after he end two or three of his companions, as was alleged by 141‘Dermott, were dragged or pushed into the cellar of a beer-shop kept .by the prisoners. What thereul on took place it was difficult to ascertain, in consequence of the confused manner of the witness. Screams and cries of murder were, however, heard issuing from the premises of the prisoners, and upon one point the prosecutor seemed perfectly clear-- namely, the loss of his money, his tobacco-box, and its con tet.ts. Immediately after the occurrence he made a loud lament, bitterly deploring the cruelty of his aggressors, re peating that he was now ruined entirely, and unable ever to return to his Irish home. A considerable amount of evidence was adduced in corroboration, but there seemed to be some variance .respecting the material facts to which we have alluded, and from the time which had elapsed since the event, some trifling discrepancy was also elicited upon minor points. By the croas-examination of the prisoner's counsel, cue witness, who appeared to entertain an undue bias against the men at the bar, arising from transactions irrelevant to the one under consideration, was checked by the Learned Jadge for the alacrity which he displayed in relating cir cumstances adverse to them, which had no connexion with this ease. The trial occupied the Court nearly five hours, and termi nated in a verdict of Acquittal. . A second indictment against the same men for robbing Michael M'Dermott, under similar circumstances, was then read by the officer of the court, but no evidence was offered, and the jury having, pro forma, pronounced a verdict of Not Guilty, the prisoners were discharged. The few cases which still remain are wholly unimportant in their details, and at their termination the two Learned Judges will proceed to open the commission at Shrewsbury, where the business of the assizes commences on Thusday morning at twelve o'clock. NORTHERN ClRCUlT.—Liverpool, March 24. CIVIL SlDE.—(Before Mr. JuAice COLERIDGE.) ROSS V. HIGNETT. This was an action in which the plaintiff declared that be was employed by the defendant to purchase railway shares for him on his (the plaintiff's) personal responsibility, and the defendant, in consequence, undertook to provide the money to complete the purchase, which he failed to do. Mr. Martin and Mr. Atherton for the plaintiff ; Mr. Baines and Mr. Cowling for the defendant. It appeared that on the 3d of October the defendant had given directions to the plaintiff to purchase on his account twelve shares in the Sheffield, Ashton• under-Lync. and Man chester Railway, and the same day, having completed the purchase at 121. 55., Mr. Ross, the plaintiff's clerk, made out an advice note of the purchase of these shares, and sent a duplicate of it to the defendant. On the duplicate sent being called for and not produced, that retained in Mr. Baines's office was tendered in evidence; neither copy it appeared was stamped. Mr. BAINES objected that it required a stamp, on the ground that it was evidence of an agreement relating to a mat ter above the value of 20/. On the other side it was contended that it was not evi dence of an agreement, but was merely notice to the de. fondant that an agreement had been entered into on his behalf. His LORDSHIP overruled the objection. It appeared that the shares iu question had been pur chased by the plaintiff from other brokers—Dinwoodie and Co. They were bought en the 3d of October for the account of the 15th of October, and subsequently paid for by the plaintiff. It is the practice in the share-market to hold the broker responsible for these bargains, neither selling nor buying broker usually disclosing his principal. The scrip was not handed over for some time after the sale; in point of fact, on the 3d of October and for some time after there was no scrip or certificate representing these shares in ex istence. It appeared that about•the 16th of October the defendant desired another firm of brokers in Manchester to sell on his account 30 shares in the same railway, and a note was re ceived by the plaintiff from a person of the name of Thorpe, who assisted the defendant in the conducting of these trans actions, advising the plaintiff of this sale, telling him that the 12 shares in question formed part of the lot, and direct ing him to apply to the brokers for the amount at the rate of 10/. 17s. 6d. per share. The plaintiff, however,' declined to do so, as he was entitled to receive the full purchase money he had paid, and his commission amounting altogether to 12/. 7s. 6d., and the shares consequently remained in his hands. On the conclusion of the plaintiff's case Mr. BAINES ob jected that the contract alleged in the declaration was not made out, inasmuch, as a;, the time of the alleged employ ment of the plaintiff to purchase, and the purchase of the alleged shares, there really were no shares or scrip•certificates t.) represent them in existence. His LORDSHIP reserved the point. Mr. ILIAINEs admitted that on the facts he had no case to go to the jury, and a verdict was taken for the plaintiff. MARSDEN V. NEW MARSH AND ANOTHER. This was an action on alleged retainer of the defendants to buy and sell shares for him, in consideration of which the defendants engaaed to use due diligence and to obey the due and lawful orders of the plaintiff. The declaration then alleged that the defendants had in their possession and charge divers shares and scrip certificates, subject to the order and dispoAtion of the bankrupt, and that they disobeyed the orders of the plaintiff respecting them, by which he sustained a loss. Mr. Martin and Mr. Atherton for the plaintiff ; Mr. Wat son and Mr. Cowling for the defence. The substance of the case, as set up for the plaintiff, was that he had directed the defendants to purchase for him a number of shares in the Leeds and' York, Leeds and Thirsk, and Shrewsbury and Herefordshire Railways, and had after wards directed them to be sold out. The defendants sold the Leeds and York at the time directed, but did not sell the Leeds and Thirsk until a considerable time after, when the market had fallen considerably. The Shrewsbury and Herefordshire remained unsold. It appeared that the order in qaestion was given on the 80th of September last, and on the same day the contract was completed, and the advice notes forwarded to the plain tiff. It appeared, according to the evidence of a Mr. Duck worth, a broker, that he had introduced the plaintiff to Mr. Newmarsh on the 30th September, at the time the order was given. Witness saw Mr. Marsden on the Ist October. On the 2d October saw Mr. Newmarsh on the subject of those shares ; and on the behalf of Mr. Marsden, directed him to sell the Leeds and Thirsk and Leeds and York. He told witness he had had a written order from Mr. Marsden to that effect. The Leeds and York were that day sold. After the Exchange closed, witness saw Mr. Newmarsh again, and asked if he had sold. He said he had not sold•the Leeds and Thirsk, as they were sure to go up and reach :30/. or 401. Witness said he should have sold. Newmarsh said as this was the first transaction he had had for Mr. Marsden he would wish it to be a good one, and would take the respon sibility upon himself. The shares were then at 214 or 24 They were actually sold on the 13th at 18/., and the defen dants in advising the plaintiff of that fact said, they would not charge cammission, as the business had been an unfor • tunate one. Witness had a conversation with Mr. New marsh on the 6th or 7th about the Shrewsbury and Here• fordshire, and directed him expressly to sell. He then also said, he had received a written order from Mr. Marsden to the same effect. These shares still remain unsold. In the cross-examination some papers were put into the witness's hand, which he identified as the handwriting of the plaintiff: One of these was an order to sell the Leeds and York, dated the 2d October. In that no mention was made of the Leeds and Think. There was another, of the Bth of October, directing a sale of the Leeds and Thirsk, but nothing was therein said of the Shrewsbury and Hereford.: shire. At the close of the plaintiff's case, Mr. WATSON submitted there was no case to go to the jury. Ile said there was no evidence of any such general contract as that alleged in the declaration. The contract, if any, was on etch particular parcel which the plaintiff directed to be bought or sold. There was, further, no evidence that after the making of the contract they had in their possession and charge any shares or scrip certificates of the plaintiff. The shares were purchased for the account day, and the mode of settling was for the brokers to set off with each other the amounts of the several shares they had bought or sold, receiving or pa y ing only the balance. No shares or scrip had been delivered at the time of the sale. His LORDSHIP overruled the * objection, and said there was evidence to go to the jury. For the defence witnesses were called to show that the plaintiff, after sending the order for the sale of the Leeds and Thirsk shares, was quite satisfied with the delay which had taken place, and , admitted it had been for the best, con sidering the flat state of the market, and that a_ balance sheet being furnished to him shortly after the sale. he made no objection or complaint. The present action was not com menced until Messrs. Newmarsh and Withington had com menced one against him, for an alleged claim they had on him, arising out of these transactions. It was urged that the statements of Mr. Duckworth also were inconsistent wi.h the written orders, which were admitted to be the genuine orders of the plaintiff. His LORDSHIP summed up, and the jury returned a verdict for the defendants, on account of the Leeds and Thirsk shares, and for the plaintiff on account of the Shrewsbury and Herefordshire. some difficulty was felt in settling the measure of damages, but it was finally agreed that a verdict should be taken for 1281., the difference between the value of the shares on the Bth of October and the present day; it being left to the Court above to say whether any other date, and what, should be fixed on as the point of comparison. WEST ERN CIRCUIT.-=Exeter, March 24. CROWN COURT.—(Before Mr. Justice ERLE.) Reuben Smith was indicted for killing and slaying Eleanor Baker, in the city of Exeter, on the 10th of February. Mr. Searle was counsel for the prosecution, and Ifr. Cox for the prisoner. The prosecutor and prisoner had lived as man and wife to gether for many years. On the day in question there was some quarrel between them, which ended in the woman screaming violently. The sister of the woman, who lived in the same house, Jan into the room, and found her sister bleeding from the nose. She stated to her that the prisoner had struck her on the face while she was nursing the child, and that he had previously thrown something at her. The woman lingered a few days and then died. The surgeons were of opinion that congestion of the brain led to the death, which had been caused by violence. Mr. Justice ERLE having summed up, The jury expressed an opinion that there was no evidence to show that the prisoner had struck the blow. Mr. Justice ERLE said, that if a jury required an eye-wit ness, many persons would go unpunished. The deceased had told her sister, in the presence of the prisoner, that he had struck her a blow; the prisoner had not denied doing so. Would not the natural inference be that he had struck the blow ?' A j:iror said that all but one of the jury took that view of the case. 11. if an hour elapsed, and the jury then returned a verdict of Guilty. Sentence—Three months' imprisonment. THE SILK TRADE —Among the strange sayings of the protectionists, this week, in the House of Commons, Mr. Caley, one of the Members for the North Riding of Yorkshire, has asserted that a public meeting of silk-weavers had been held in this town, at which resolutions were una nimously passed in oppoiition to Sir, R. Peel's propose far asd re duction of the import duties on silks, &c. Now, so our knowledge of the town extends, we do not know that there is a silk weaver in it. There may be a few, but gene• rally speaking that branch is altogether unknown in this borough. It is, therefore, not likely that the silk-weavers of Leigh, Middleton, and the neighbourhood • would come hither, a distance of several m iles, to hold a meeting, and we believe no such meeting has occurred. Had such a meeting taken place, we venture to say their poor neighbours—the muslin hand-loom weavers —would have proved to them that the best years for both, as for all other classes of workin , men, are those of "cheapness And plenty."—Bolion Free Press. LAW INTELLIGENCE. ADMIRALTY COUR7', March 25. THE SARACEN. Dr. LUSHINGTON gave judgment in this case. It ira s . 3 claim by the assignees of the bulk of the cargo of the shiP Diligent, to share rateably in the proceeds of the sale of the Severn, which vessel baying caused damage to the other , her owners had been held liable. The Court, assisted by the Trinity Masters, had, in a suit by the owners of the Diligent and of part of her cargo, Pre nounced against the ship, and had condemned her owners is the costs. On the very day of alit decision and decree, an appearance had been given fur the owners of the remaining, bulk of the cargo, who claimed to share in the proceeds et the sale of the ship—proceeds insufficient to meet the de' mands of the first claimants; and the question uow wa y ' whether, according to the law and practice of the Court , a party who had obtained a decree was bound to liquidate the demands of another party, whose claim was of th e sama nature as his own, not being a party to that decree+ and commencing procaedinga after that decree he 4 been issued. With reference to the analogy of other Courts , this claim was not dissimilar to the claims of c reditors, against an executor, and the rule of law in that case, as I'Llu down by Mr. Williams, in his book on Executors, second edi tion, was that the most active were entitled to the first consi deration cf the Court, and those who first applied and firs" obtained judgment, were entitled to the liquidation of their claim before the liquidation of subsequent claimants. If that case were analogous t o th e p resen t, th e owners o f t h e bulk the cargo must f a il in th e i r p rayer; b u t was t h ere an y di ( e s between the t wo cases It bad been said that in thse previons decree of the Court, and on the security given 1) :, the previous claimants, a r i g ht was reserve d to su b s equen` parties having a similar claim to come in and receive their share. The words used might:extend to liens entitled 10 priority, but certainly not that parties who bad originallP made their claim and recovered their money should bring i t back; and whether the parties had actually received tit° money or not, could not make any difference. There was ° ground for this claim within the four corners of that inttru trent. The Court might perhaps call back the money, but it could not redistribute it. Equity could not compel thi, Court to do that, which in an analogous case a court : equity would not do itself, and a court of equity would I,l ° grant a similar claim in the case of creditors, to which silo" sion had already been made. Besides, this Court was rather a court of law than of equity. But what bad been the pfa c i tice of the Court There seemed to have been a sort s e,e understanding that such a claim would he admitted the court; but absolute proof of the practice was nee eb ; sary, a mere vague general understanding could vv . ; be relied on, and of the practice itself there was e " proof at all. But reference bad been made to the 53d Georg 111., c. 159. By the 7th section, power was given to ably owners to file a bill in a court of equity, to compel part'. having similar claims to come in, and share a rateable dist° . bution ; but this power was given for the benefit of Ail; owners, not for the benefit of co-claimants. ProbablY. t .so Court might bane exercised the equitable jurisdiction go - , by the 15th section previous to the decree; but as the pots s % given by the Act was for the benefit and p ro t ec ti on of 0 , shipowners, the Court could not use It again s t th em. The 9 , section, too, saved the right to bring all action s i n cou rts; competent jurisdiction, unless a bill of equity bad be!: filed, and here no bill had been filed; and so the part'', who had arrested the ship stood in exactly the sar,;`: position as before the statute. Why should he who was d" t i; gent be compelled to surrender the fruits of his diligence him who was less active? The decree of the Court gav e l , o new title, superior to that of the claimants previously te . „ issue. But it was said the present was a foreign cesse'.: this, however, made no shade of distinction. There was ne e ther principle, nor analogy, nor practice, which compelled! Court to allow a party, who only appeared on the very da ,° , a decree to a previous claimant, to share a rateable distt i„ ni tion. But there had been another ground asserted on belie,, of the claim—an agreement between the parties. The C ou r,: however, doubts(' its jurisdiction to regard or notice f ti , agreement between proctors not appearing in acts of Ce` t y Such private agreements were questions for a court of equ i l b , —not capable of being adequately decided elsewhere. Sc i t. is Court hesitated to enter at all into any such question ; b n of the act of petition there was in this case a distinct del l o any agreement—a denial supported by, and contradicted, no affidavit. To the statements on either side the Cour, ti to puted no intentional error; but it was no part of its di p s decide upon this agreement. If it were proved, it bal rC l authority to act upon it ; and it certainly offered no it!c l it ment to the Court to alter its former decree, and to a' te s o s in favour of parties who had awaited the previous decl' s : o l and had taken no chance of incurring costs in the orii!srs question. The Court, therefore, resisted the prayer to se t , in distribution, but, under the circumstances, not with c° THE CONSTANTIA. • tili 3 Dr. LUSHINGTON also pronounced, his judgment lu.lo case. He said that subsequently to the preparation decision he had received a petition from the consiga e h e ' e o certain silver, which for the benefit of the vessel ha d `/$ sold at Bahia. It had struck him that that was toe r „ ei Wa question of average, but as a distinct prayer had been '; , ito with regard to it, he would reserve that poirit, but proc ee pronounce his decision on the question which remainetim, consideration in this case, viz. ; whether the freight was liable for the wages, 'pilotage, towage, and simila r t ilt penses incurred by this ship. The parties interested is present question were the consignees of the cargo, a nd 4 0 holders of a bond, dated Apt il, 1845. That qu estionp whether the freight and the ship, or freight alone, was 1 , 1 for the expenses above-mentioned. This Peruvian 1 „ - ,p 4 on a voyage from Lima to London, laden with gati;tisl silver, had met with bad weather, and had put int°'a The master had sold the silver for the B"%defo: the vessel, and subject to any future coos i 4 s , tion. The question relating to that silver 5e 0 , 0 to be a question of average, not to be dealt 0 1 in that Court. 'The produce of the silver, however, w n d s it sufficient to meet the requirements of the ship, a n , gl; master granted two bottomry bonds, both dated F e " - one upon the ship, and the other upon the cargo ala,, ;. ,ica* vessel had then put to sea, and had met with a of' i triP The master had then given another bond upon tP e :O l alone, and that bond was the one whose holders wers:pr' before the Court. This state of things was very P e 'bo ,i The Court scarcely remembered any similar case of a, o ff upon the cargo alone. The general principle of botteoelf was that, as the benefit was given to the ship, the ,t i ght' of the ship, in the first instance, and then of the I ,r„ should be liable for money lent upon bottomry. go d Gratitudine, decided by Lord Stowell, the ship, freigilt!„t cargo, were all wade liable on the face of the bond, was admitted that the ship and freight were first liable' ca the Prince Regent, also, Lord Stowell had more distillo# decided that the ship and freight must first be pe hausted before the cargo could be made available. e freight was to be called in, though not mo3 o ° ll oll the bond, and be applied in satisfaction of the .. I and this whether the bondholder required it or ne'dtb was a right belonging to the owners of the cargo; aDbopd principles thus laid down did not apply merely to! upon a ship. If the bond were upon the freight, tn_ e , l o, would, under the same principle, be liable before th,; it ti t could be applied to the liquidation of the bond. f o il , circumstances in this case were particular. Here b t i e w ir o a bond upon the cargo, the validity of which was o ce The Court had therefore been compelled to prone to tb t favour of it, but that decision was of course subject g tb general principles of law as to the prior liability b or . owners of the ship and freight. There were here t hre e !DO t the two first upon one date (Feb. 27), one upon !l i e af t and the other upon the cargo—the third (dated AP ri ? ) 1 0 the ship alone. How were these bonds to be pa id last bond was to be paid first, and as that bO7O, upon the ship alone, the ship, in the first in sinr , tots liable. If any surplus were left, that surplus mast g o a l ` satisfaction of two prior bonds. They were of , ta g l( o/ date, and not entitled to priority. They must dor 11 , together, These two bonds were upon the ship an fro,,r the freight not having been hypothecated at al, 1 ' d i e no satisfaction of these two bonds, first must be aeli e "„,, r ti'llte plus of the proceeds of the ship—what then ? the proper construction, the bond upon the c argo _ a er n . read as if it were n bond upon the ship, freight, iftbei, If this were so, the proceeds of the freight must n?"•,,,,e'd plied, and lastly, the cargo. But now came the If4e,,ito question—front what funds were the wages, the t" Dr. a il the pilotage to be paid ? It was said out of the frild Court could not understand why. The ship ree l fr eigP e ti benefit from such service, as did the owners of t l , l %tie ° l l o and there was no reason why the holders of the "Ti el „ol the ship alone should meet with an y grea t f a vour. „tit Po' taken the liability of the ship alone, when they i n ,Pr 3 esed demanded the liability of the ship and freight. ,a ( 1 7JV I penses, therefore, must be paid out of the ship a - pou i ettaaLy, and the motion that the freight alon e liable for them rejected. T O TM rprac, hsn: :Pr wit : AA:I:II A LfiLe n A iyyx i EL E aßoctiunL)yAeiraii .: - vutletnen, viz. JOHN Ci JOHN L „..1. HENRY "web will 'nue Astell 1,,,:, 11 • Bayley ";'oert Elmerel ' 4 " ell d, ' W a .ll a • *llawy b . _ e ogg ns L. Lushingte 1. g'are L 3 an lOhti Raenaghten Magtcama kt4o Propr.eto ,4ttorneyr ti TO Till LADIES ge eing the h( ,t , t he Last I •I' j' n 4 en vot l o2 Nve ore, La ietc tt1e:#1,...e14 of stp, 4barie.pppr thatcloth ibes ti e e' lop i l e ady h ear e sb r i e ASTE Dear da: It, in or '4l recorded pr sParties holdi id 'qt are tully __ L on M kr, r_u ns , r R. GI - klaeovu o tiate the th a l + tßECT ORI ti l ;` ,lle will SI t 1 6th Apri AIR, . ex, having k r ‘ttuilv e preu it, h all a cer h e 'er to the irt of decors e• of furni s l Ci..... Mr. R. is edly fair I lie. 2, IN li lt l, ° give a Inc: e xterior ,_ ant lra in a public ti, l 4 ee inclined t blzaSelves wit - " , s little detail TH Its 4 , IS ( nt is verj i t , 4 l, and the k'ed a large th Ys th. great ' i t marked i s " peasant," t i sr "iP e d tot th t bott 434gbOUt kid Li ar Jet sometti (1 7 view, to izeover any kyT theaeet e!tsily be r , idy-res; I j Tning is ful It e `" lls . It is I tat can be vi ti7l Particulars Covent kilq• Splendid trm f Ourtgen ds v e t 4t oorribinatj hi, i t , . For gr. Rooms A E: 0 FA R RN 4C RES. of e hacellent R. U. Ol 't'llabA the FF aid EL o ne perfect iected a Fd'SIILY RE VI) 425 AI 05 WHICH ACRES I Prov' meting 1 th s of C • a ltaation, THE A POURTI " N leitYric tic THE () Quid b e A wo: k r .- tu " B.zioL L L , ect secu : ii 7 -I "votir e d bdr Possible 41p TI , in: T:•} •-• ;NEVER the TIIE t t ,,,°%rdant pa ` ,l )n, produc 'tiktid to be 4 111 was forme TIT situanoi 11,71 , 1et0 that r tt too cumi o r ey ,..._`" )l Y of gi -" bards. Shc h t tit an abu ° 4 ; tt4 Usngjl 1114 A BRA ,1 , with k -A~. .tbzessary 1 ki4,3%1 tenant 'ears yet Wacknowle 11, t icks and s ' 4 „cl Measu tttlq AND C t.ne rnark4 `Nns vent f tr t CI T h... t. RINCEI et neighb( 44 abilitv of u[loolt 1 4 44 P . rould rei p i ,n, Parisi _. Gr k , ' 4 l wUlar ra s b 44Cked of ktt Sra Morti:2 ith.,. !el= Mr. ut MIGI `Oll l liopf the t ay t .141R1 does 40,24uarters e lci a i ni to kro?ied, ngl2 ; , 0 . 1 , nee, iv , LI% ate it the t o !.000 ° 4l y hte r tieulais t, at li r . flpat B. •• su, '511,i71 k 144; torn The I.Tx I " 4 4 Ad Dist Dish Dish to;th, Per aoy s: ~hgi'arini rrit C b t 4 rn ,p,, t 11 44 Oil R. 84 hAN h t &l I'l bette:- '1 bettc Aft. I.oc 0 414 , COu tit 4 s 4 1N E t4. g kj an( A ?tic, by sii VII, A 1 MTe % t h e bsion h le % confi c i, Vt " s ecurr ki:hat no 4 1 0 " in tl * lnt is liable tor them rejected. , P e li _ yi ti SCIENTIFIC DiscovE ~,d nr.—The Frankfurt n i pi o il' , Posies states that an unpublished work of Linnret e h t, io 0 0 discovered in Sweden, after having been long 0 16 f 0 10 is' It is entitled the Nemesis Divina. In this labour °.. tl l e y years of his life the great naturalist recorded, fvts,Aool struction of his son, a number of observations sw, il h e eit , ' duced, in a great measure, from the private life of t o te f o with whom he was acquainted, in order to delo °l l o o,l4 Divine justice punishes and rewards even in thie h ,; r t P„'ds .A fr manuscript is composed of 203 sheets. In a °P i3 tee' , lr' (laced at the head of the work, the author reeo „ I l ea tb e ; the most formal manner that it should never be c r o . . 0 ,0 : It was this recommendation which, no douhti jo ives i f ; manuscript to be laid aside and fogotten. The sale r ° 0 0 ,, 1 Upsala purchased it a short time since, at tb e d to i'', l s v o library of a physician, whose father was empinY e o rok i ps, ll .) the papers of Linnasus. At present, when th e 'ref° eP r ferred to in the work have ceased to exist, ther e ,5 1 .4 objection to print extracts from it, which M. Fr ies 'prer , botanist, has been appointed by the AcadernY to 30'' publication. , 1 0 0 t i' l re , 0 A d DESERTERS FROM TEE ARMY.—FFOW a e a ts ' e , re terday issued by order of Parliament, it taPP` i ,teeS,o o o 1840-41, the expense of the apprehension, suit); sobe fer, escort of deserters was 2,634/. ; the expense of t pi i ll li t !gh of other soldiers in confinement, 10,36 41 • a the 5, 9 00, 1841-42, the former expense was 4,385/., 11 ,,,, ° 0r°, 6 44 A • e tt 10,779/. ; in 1842-43, the respective exPen e „"a ill ;Or" and 10,185/. ; 1843-44, 2,874/. and 11,213/. ; e " t Do 2,1681. and 11,9751. The information can oe " beyond the 31st of March, 1845. P .. ............ 0 0. ot BIRTHS, On the 21st inst., at Cranmer-place, Waterloo-bride's 01 036 Parish, of a son. On the 22d inst., at Orton Longnevillo, th e Conntesg ° f iltot.ol° J 0141 ,‘ 0 ,, a daughter. On the 22d inst., at Birkenhead,. Mrs. C. Reade,“ . ° o f 4 1,0 r On the 23d inst., in Old Burlington-street, 1 . 0 1 4, Lankester, Esq., 31. D., of a daughter. portl° l-64 On the 23d inst., in Upper Seymour-street , Daniel Gwynne, of a daughter, 0 4 , I) l _,l l. po' s MARRIED. „ f ort ,- C , of On the lath inst., at the Cathedral of Derry, '‘. D ase _„ o s * RoyarEnglneers, to Margaret, eldest daughter o 1 to l4o , o Es.l., of Londonderry. On the 24th inst., at St. George's , Graves, Esq., M.A., F.R.S. of GI •ay's Inn, to Arne . Il ter of William Tooke, Esq., of ilussen-square. ii• Jo • Bloornsblost oirl io MED. ! ice or a lo „4' On the 15th inst., at Paris, Jane Elizabeth 1 1.03 ' CO . of the late Sir William Maxwell, Bart. ~,,t's.r - 0. - On the 21st inst , in Albany-street, Reg— oi gie. t i t s 40 Penelope, vii fouh daughter of the late Major Ga s r c e. ,.. t ,f .p ,i On the 21st st., at Camberwell, Mary Ann, .' Sec° 3 0 .l Thomas George Ingall. TOD , Al' ' li r On the 2 1 st in st., in South-s q uare, Gra y 's Inn, ,r.,,dio o f the late F-i m on Martin, Esq., aged 29. Patric4f. ' On Oho 21st inst. , at Exeter, Captain Francis t o P On the 22d inst., John Prescot, eldest son ° r 0 0" Clowes, of Hanbury Ilan, Worcestershire. ~, _,,,,te.',A L ,re On the 22d inst., Mrs. Martha Nelson age. "'" n'" OP or 0 1 ' , Tile Bo 1 . ;0 . 4 400 On the 22d inst., at Woolwich, William A B oat pe , ; fo i son of the late Colonel Sir George HOSte, C•1 3 . , ,, r. Jc1P 00 , 0 0 On the 225 inst., at Wheathamstead, Herta, ~`, o f til e or On the 22d bast., Lucy, the wife of William Rae, ro ot, o f Fleet-street. ' SoP lll3 ' l4g e On the 2id inst., at Carnberwoll . gro ve, . et' ti l'a cp daughter of John Routh, Esq. • Georg e A, to t On the 23d inst., Jane Pierce, the wife o. irgt ~ ,11/ Great George-street, Westminster. f Stre w 4r- On the 24th inst., Mr. Josh. Baylis, o 0, oc jia, _ ton-hill. On the 24th inst., at Clayton-place, lientling ° 1 1 1 of Samuel Williams, Esq., aged 32. G f 0 Or 0 ------- 1 __/, is tv ro 0 °L London: Printed and Published by 31: i- vii? 2, str anc l : 4 o•l ol Strand, Printer, at The Sun 011iee, NO . 1 0, . of the Savoy, in the County of Middles 2e, 1846. THE SUN, L