The Sun. — London, England, 1846-11-07 00:00:00

--J....- . MARKET NEWS. --(THIS DAY).. cOVE NT—O.O.R.DEN. ~,P in e APple% 55 to 7s per lb ; Hothouse Grapes, 2s 6d to3 to s v%; and Foreign ditto, 10d to is 3d per lb; 83 per bushel ; Pears, 58 to 13s per half sieve ; Melons, 2s o Apples, 3:, 6d t 4s ealfinchii Filberts, 953 to 100 s; and Cob Nuts, 100 s to 110 s per d to is '..; Walnuts, 15s to 213 per bushel; Cabbages, 3d; Brocoli, 43 to 6s per dozen ; French Beans, 2s 6 6 d to 3s bead Per half sieve ; Potatoes, 5s to 83 6d per cwt ; Turnips, 113 d to 2s per dozen bunches; Horseradish, 2s to 4s per al and Celery, ls to 2s per bundle; Carrots, 3d to B t d o per buileh; onions, 5s to 7s per bushel; Mushrooms, is 4 8 per pottle ; Endive, Is 6d to 3s per dozen. el, ?IrENVOLS.TE AND I.2I.O.DENSALL. .‘. i kinds of Meat, the supply of - which was good, moved . offslowly, at our quotations: Beef, from 2s 4d to 3s 4d , !Ititton„Rs 4d to 48 6d ; Veal, 33 4d to 48 6d ; /11d.Po P o rk, Geese, ad to 4.s 61 Per 81bs, by the carcase. Turkeys, 4s t 1 .! / eeBe, 4s 6d to 6s 6d; Ducks, is 6d to 2s 6d; Tame Rabbits, eae.. is to Is 9d; Wild ditto, 8d to is ld ; Pigeons, 6d n. 3 1311 e rr r c v ,, l '° , vs, 5s to 7s; ditto Chickens, 3s 6d to 5s 6d , Eggs, -uoor Few's, 2s ad to 4s 6d per couple. V? _nglish, 7s to 8s 6d ; and French, 7s to 8s per la,Fresh Butter, is to is 2d per lb. Pheasants, 28 Partridges, Is to 1s 6d; Hares, 2s to 2s ad ; Levere ts, i s 64 to 23 6d ; Woodcocks, Is Gd to 2s 6d; Grouse, to 3d to 2i 6d; Ptarmigan, Is to Is 6d ; Snipes, Is, .3d k l) . IS 6d ; TSal, Gd to Is ; Wild Ducks, is 6d to 2s ; Witt. ..-csia loa to Is; and Plovers, 4d to 9d each. Full averk e ar 171TGERr°P11:s. re on sale, and Whichg su PP les of must artic es we m eta very dull trade at drooping prlces. r Beef P a."Aeef, froni 28 8d to 3s 6d ; Mutton, 3s 4d to 4s 4d ; Veal, "" 4 to Is 6d; and Pork, 3s 8d to 4s 10d per 81bs. coa F' 13ILEINGSGATE. .. ~ Fish, 3s to 8s; Whitings, 6d to 10d ; Lobsters, is Gd 1 7 8ir s 6d ; and Crabs, 8d to 2s each. Soles, 8d to 3s 6d per Per .bulni• on, Is 3d to Is 6d per lb. Oysters, 40s to 55s 'Llel• s ill s WraTEctrap EL. 3 3 4 4 .o 43 4d 25 to 35 Gd ; Mutton, 3s 4d to 4s 6d ; Veal, an 8d d Pork, 3s 8d to 4s 6d per 81bs. The pig 3111CLEall. Sid to in, ces of Wheaten Bread in the metrolis are from '''" of Household ditto, 8d to 9d per 41bs loaf. k a NUM MARKET. to ali t r i i ke ; t Pides, 561 b to 641 b, 3d per lb ; do. 641 b to 721 b, 3d to 4d ; a 0 . 7 21 b tu 80 1 b, 3d to 31-d ; do.Bolb to 881 b, 31-Ad e x i . eziosBkBiiilbs,toea964b,44l4.dd to 5c1 . ; H do. 96 Hi lb d t e o s, 1 1 04 3s 1b ; She ' ep, a s 6,1 to to 6s , orn and D ownrs, 2 ; Kent and Half-breds, 2s 9d to 3s ld; ' P s o d lle t d • 3 6d to 3s. 831IrttPintn. 1‘,1441r reare.x,ETs• 3 183 to 4/ 173; anadnt.traSdtreadwu, ver ditto leadow will , Bs l 8s to 3/ 17s ; Clo but m d o erate, CUMBERLAN il l! 8s to 1/ 12s per load. Supply 3/ 10 8 t ~ b•---Meadow Hay, 215 s to 4/ ; Clover ditto, avers , os4/ los; and Straw, 11 8s to 1/ 13s per load. A full witeTELIPPIY, and a sluggish demand. ditto. 2/ 81t,spign.---Meadow Hay, 2l 8s to 31 Ns; Clover dull , to 5/; late 1178 to 1112 s per load. Trade , at barely late ' ' • lzaitton R -A.NCER.Y --(THIS DAY.) • The HEXING V. SWINERTON. y eat - argUnlehts in this case, which were part-beard e erdsy, were resumed and concluded to-day. The the !as, cam e before the Court upon an appeal usetsion of the Vice-Chancellor of England, overruling s ticli.em_urrer put in by the defendant to b th t e_ , plaintin p i ;: s l Ile facts of the case may be thus s . or I stated:— "! Plaintiff, Mr. Dempster Heming, beingOssess l e B d 3 o B f , ',kill situate in the county of . Warwick, in i nt ',sired, him o an agreement with the defendant to let the learko for a term of seven, fourteen,. or twenty-one the a, at the yearly rent of 801.; and it was covenanted t as to the e i ri n the event of the plaintiff cancelling the lease at b.. dof the term of seven years, the defendan w rttra_" Paid 4004, and to be entitled to an allowance for any ordinary disbursement on the prem se i d sesduring the for carding. ,eir...te_ ,e.The mill, it seems, had . 1:1!en ,",' a fendant, however, conceiving . that u a more profit -It9L:e return might be obtained from it, converted it into more effi _.ouotir in 1 1 ' 4, 1, and erected a steam-engine . as ttofnt agent than the water power, by twithstanding .. ore beeti worked. It appears that, Tr , which it had had there tee agreement for a lease no lease was in defendant, and executed by Mr. ii • ''n favour of the ia P ebru ar enung i oint of fact of the agr f Et bill . 3', 18 45, the defendant was compelled to e fi e le . tterit :00 enforce a specific performance suit was set down the Ilearing ;: f it at a lease. 18tn of I,,, bl o l V ice-Cha b nc e T el h l e r Wigram, parties n came to an a t rr e a m ng at. tnent that the s y., 1845,_t stayed, and tha b t h but on h e. tern in erenctenbt toa s t h w o e u e i t d i t b h e a agent) enia of the Chancery bar, an shouldparties sh d ou t le st t e h r e e a fe w r a re rd d to be Mad il e a rule of Court. directed to pay th e Wade, by which Mr. Herring wasln March the award u d of outlay, and a re defendant 1733/., on thedetermination costs of the suit s t rid e 44t her su m of 4001. for the thegr° fl of the term i L illiti be was also ordered to t erest, at the rate of four-and-a-half Bpearfoereeett•hoen dhe -17 3 until the settlemen . fe udant could make fi and obtained the common the award a rule of court, Mr. Hem lag filed this present bill, . Ja4ection to stay all p had been as the whole matter def endant subsequently demurred to the bill on the around of want of equity, telteri out of the 9th and 10th of Wm. I of cognisance h of the Court by the awa l r l d . V e er the provisions of t objection of want of juri h s• F lie demurrer was argued b e efore the Vice-Chancellor .. . iNland, who considering the _ _ -lea% as of no force, overruled the demurr a e a r n o o n p t ro e . g v lound or its wanting irutuality and finality, 14 .4 ,t 4 was contained in the award for delivering up P as- 1 li —l°ll to tieming after he had done what was ordered 3' tll% . 14 ktbltrator, aPPeikatis the Parker and Mr. Daniels were counsel for the wisest ,and Mr. Rolt and . Mr. Wright supported hi s i the Court below. _ dee —ettelluip. at the conclusion of the arguments to -41 said be would give judgtni nt on Monday. his CARstICHAEL V. CARMICHAEL. the dea.c.ase came befor e the Court upon an allowing oert • eision of the -V ice - Chaneellor Bruce, appeal from also on a _ pertain exceptions to the Master's report, and in t h e re-hearng of th© on he d . ee pronounced s.. nause Onen ago as thge year l e B tr 34. The principal que t . totedin case was, whether a himself an executor could discharge himself from his liabilities Person ?r de son tart, to the admi nistratrix of the testator, nes by accounting who had cons i of which the question arose appeared to The facts out h to be these :—T Carmichael the G made his will, by which h' overnor of Demerara, atitute I • and con elate General a e made certain bequests to his lady, lie --! tits son and daughter residuary legatees. ll_ died in the year 1 813, and his son having o on.. ad his father's aide-de-camp, set ot 1; 1 _ Ettree 3th of June in that year for Demerara, ',:',leo rived there a few days after his father's death. ur :•enedusual course adopted in that island was then , p and';of the the authorities there took possession of the vihole le Property of the deceased, sold it, paid his debts,.h th„ 21Pded over the surplus to his son, the defendant i t, ,michuit together with some articles in specie, amon, togeth_Was _a specinien of gold dust. This property, b rou ,7 with the original testamentary papers, were h ow : v n e t to this country by the defendant; in the inter t i b m is , andtnntltr r, copies of those papers having been sent to _ ff d , tile testator's widow, the mother of the plaint' his feadatt, took out letters of administration to 1:43 tzeets, her son, the defendant, finding this the Prop,r, gave up to his mother all ac ,,nrithat hose,had brought to this country, and _ b to her for every thing. After . that .. r d tha t tl. etween the mother and son, it was sett . hq f r residue of the testator's property was 2061 . /. e , other the defendent kept for himself, and the for i i , t 4,1 f, amours to 10301., was given to the mothert tattled huaighter. In the year 1815, the daughter a s 4l ed h,,. ! I. a ge of 21, and in 1832 the present bill wa aess,eh!'er atlasagains r brother, stating that he had pos t° her f,4l'self of cre quantity of property belonging .I,°ii.geLid dust`tther,,.antl arnobng the rest a considerable quantity 10 thence`4 carp Gnat vaitte, and praying for an account. ~ani for hearing,and a decree referring it ol th e -master to take an account was made ofN yea 1834. The case remained in the Mastere'- th, 4 411843, been Masters'- end had the Master made his report that 1.,,,, settled h ell taken between the mothera t n o d t s h o a n t , 004, ~ y them. Exceptions were taken the itutell were allowed by the Vice-Chancellor ..o ', edo ` l ic, on the round that there was nothing l ,iri,sreferte" tll,th resPecgt to a settled wool thi , s ...7 Master had miscarried in his report. acco . unt, and that, rho a% stilo.ogment the present appeal was brought, and tc, e (qtrt asked by the petition of rehearing, ti e the ma would insert in the decree a reference d h., ste r to set -INa bet th if there th t a O t iequire whether any was account d _ % thst . e defendant and his mother, an t l‘lr Woo Wight be established. i: 4l end ''',_ inuredaPpe in support of the petition of . ay - . -`ltlt la,,i relleal ,and Mr, Bacon supported the J ua g , Th e t c c w. 'Olt% 001' Ciraecteeon in the course of . the r u tltll..t t b ' e st 3,"ved that the ' proceedings in this case . a e b , g or o e f i l e' r del,varerits that had been so frequently_t?3aanacery. thYe,. ° Ns ,''' took place in the Court of Ch at in th o ", ease that had been no less than how dei k , .l aster's ffice, Re wished to 41 be Y 'Ad ation ()tilidl, Pronotkken Place. Added to this, k th u e ow decree badetree '''s give ;tneed 13 years ago, and no info b r e m n that NvaAt, ‘e the Court of what took place w ilic "e• o oe . soli c i t° ceiad -eteitted that great delay had taken place, 0 e ci s l.B we 11 ,1 °t. 141 ) , how that had occurred. The tllnei if i ett kni te r , r,,ad, as well as some of the The —"et, had that might have caused delay was, er LORD , 4 to be t from the West Indies. 4u'aent (dili go hi 4 equk s ' s aid h, thou at the conclusi h on . of the re e; --s cen e , i - git waS a strange denden,: alter that ‘ 5 decree from 1834 to 1846, to ask s Rree t • . decree. He thought he should be h °I th thilistice, both to the suitors and the prac d° Wa s e ° our, • oreA' tt °/tio n ,If he adopted such a course ; but as u ool t -,..wita b 4 to know what had taken place when the a'oto ,"rattleit',',?aolloced, and as probably the Registrar's 4, .4 I, t th 'era some in formafion on that subject, he 444 '4 t ease stand over till Monday, to see if the , 1,, e°4l(l Procure him that infimmation. tu, ~,‘ art), walonTsosi v MACAULAY. te, V jee'f 7 , lll , e nta on t_h_is appeal from . the the of 11144'04f tlnddloa;. Wigrani, Occupied 13 the LCourt the It Th. COUIt.T.--(THIS DAY,) .h t ,' l l w as a c a Oli . ILL ne:irrtsa.L. airi d C',B* tiou„, L 426 in whick the plaintiffs who were thongq`l•elA„,e. I t sut to have the property of the testator Ft:6le, stlulayPeared there were no less than nineteen to tt i 7of whoUl were out of the country, and that 1 4,q t ; iii4at,,te,r circumstance the forts arising out of Th e a neon accumulating a considerable rind argamerits to i ore v , r ,„ , riled chiefly on the terms of the will, tt.-40rd i d , _ J tt egthy. ,o.:ttrt:a t el t e s e t 7,7 t ,7 4w A t t eh t e aid that it was a very difficult ma t - present case, because the intentions "en_ Parts or thi s .v .rY amts because expressed. There i not ta,,, will which were, even to all appear ti"" " b eing red WO tiny C9nbigent TH. SUN, LONDON, SATURDAY EVENING, NOVEMBER 7,184 C. meaning. A very ingenious question had been raised respecting the executary devise, as w(.11 as on other points ; but he had come to the conclusion, looking at the circumstances, that the children of the testator had become absolutely entitled to the estate in question. He would therefore run the risk he must incur in dis posing of the property in the absence of Some of the parties, and grant the decree, the costs to be paid out of the funds. The Court rose at three o'clock. VICE-CHANCERY.-(THIS DAY.) (Before the VICE-CHANCELLOR Of ENGLAND.) His Honour the Vice Chancellor of England heard demurrers, re-hearings, and further directions to-day. HINGHAM V. LEE. In this case the COURT, at the conclusion of the argu ments, ordered the demurrer to be allowed (Before Vice-Chancellor Sir J. WIGRAM.) FRASER V. JONES. The arguments in this part-heard cause were resumed this morning. His HONOUR took time to consider his judgment. QUEEN'S BENCH.-(THIS DAY.) (Sittings in Banco.) LYNDIIUSS V. CRAFTS -DISPOSING OF FURNITURE BY BILLS OF SALE. Mr. MONTAGUE CHAMBERS, Q.C., applied for a rule to show cause why the verdict, found in this case for the plaintiff, should not be set aside, and a new trial had. The action was tried before Mr. Justice Coltman, at Guildford, and came before the Court by an issue framed under the " Interpleader Act." He grounded his appli cation on misdirection on the part of the Learned Judge who tried the case, and because the verdict was against the evidence adduced at the trial. The question at issue was whether, on the 30th of May last, certain goods and chattels at No. 20, Golden-terrace, Islington, belonged to Henry Lyndhuss, or any or all of them? L 3 ndhuss, it appeared, claimed the goods under a bill of sale, dated the 6th of August, 1845, whilst the defendant claimed them under another bill of sale, dated the 7th of February, this year. It appeared from the plaintiff's case that the goods were alleged to have belonged to one Sarah Benton, and he called an appraiser named Effers field, his own son, and another witness, whose evidence was immaterial, for the purpose of establishing his claim. Effersfield testified that on or about 6th of August be was employed to place an execution on the goods of Mrs. Benton, who then resided in Thomas place, Gravesend, where the furniture then was ; that a communication was made to the plaintiff, who was a bill discounter, but occasionally acting as an attorney, who came to the house, and that in his presence some money passed be tween him and Mrs. Bunton. The rent was paid, and he consequently left the house; but he distinctly stated that no bill of sale was executed in his presence. Then the plaintiff's son stated that he went to the house whilst his father was there; that he drew up a bill of sale, and that he was the attesting witness ; he also spoke to the taking possession under the instrument. He added that a short time after this transaction his father went down to Gravesend with two or three of his children, and re mained at the house two or three weeks, it being occu pied at the time by Mrs. Benton and her son, when he left a person, named Campbell, who was put in posses sion, and the goods were subsequently removed to the house in Golden-terrace, which Was occupied by Mrs. Benton and her son, and never by his father. The case made out for the defendant was this :—He lived in Gravesend, and on the 7th of February this year he advanced 351. to liberate Mr. John Benton from prison, where he was confined for debt, and as security he re ceived a bill of sale—or what was equivalent to a bill of sale—namely, an agreement to make a bill of sale on the goods, but containing words which mortgaged the goods to him. The document stated that Mrs. Benton, and her son, John Benton, agreed, within seven days of its date, to make a bill of sale in the usual form, trans ferring the whole of the furniture of the house in Thomas-place, Gravesend, to the defendant, and that the instrument should be taken and considered as equi valent to a bill of sale. This was handed to him on the 7th of February, but, to his surprise, he found that, shortly after the furniture had been removed to the house in Islington. He was unable to obtain access to the house under this bill of sale, and he therefore brought an action against Messrs. Benton, and obtained access under an execution, when he levied a distraint upon the furniture as the property of Mrs. Benton. It was on this part of the case that he apprehended Mr. Justice Coltman had misled the jury. Upon his taking posses sion the plaintiff set up his claim obtained under a bill of sale of the month of August, 1845, and so the contest arose. The Learned Judge, in :directing the jury, said, "as no possession was taken under the document, it was void against the plaintiff if his was a bond fide security." In fact, he summed up as if it was a question of fraud on the part of Crafts, whereas there was no imputation of the kind. There was evidence which showed that the plaintiff first said that he purchased the goods from the son, and afterwards that he purchased them from the mother, and that he had the bill of sale from Mrs. Benton alone, which could not be valid, inasmuch as the son was a joint owner cf them, which was shown by the defendant's bill of sale, which was given in the name of both. There was, however, a divi s ion to s h ow th e goods belonging to the son and those belonging to the mother. WYLD V. HOPKINS. This was an action in which the plaintiff Mr. Wyld, of Charing-cross, sought to recover the sum of 71111. 55., for goods sold and work done on behalf of the Peter borough and Nottingham Junction Railway, in which the defendant was a member of the railway committee. A verdict was given for the plaintiff for the amount claimed. Mr. WATSON now moved for a rule to show cause why a new trial should not be had, on the ground that the de fendant had never attended a meeting of the committee, that he bad never been summoned to do so, and that he took no part whatever in the management of the com pany's affairs, they being wholly conducted by a com mittee of management, of which the defendant was not a member, and further, that the orders given to the plain tiff, hnd been given by the solicitor, who had the getting up of the company. The LORD CHIEF BARON seid, that in his opinion, that this was one of the most naked cases, with reference to the subject of provisional committeemen that had come under his notice. The solitary fact shown in evidence was that the name of the defendant appeared in the printed prospectus of the company.—Rule granted. Lord DENMAN deferred the decision of the Court in order that he might consult Mr. Justice Coltman. PHILLIPS V. COLLINS.-LIABILITY OF PROVISIONAL COMMITTEEMEN. Mr. Sergeant SHEA applied for a rule to show cause why the verdict returned for the plaintiff in this case should not be set aside and a new trial granted, on the ground of misdirection, and on account of the verdict being against the evidence adduced at the trial which took place at the last sittings at Guildhall, before Mr. Justice Wightman. The defendant was a member of the provisional committee of a Geneva railway, and the plaintiff is a cabinet-maker, and the action was brought against Collins and a person named Greville, (who had suffered judgment to go by default), for 160/. 10s. for goods delivered on their credit, for the use of the pro visional committee of the railway. The only question in the case was, whether Collins was liable ? The jury considered that he was, but he (Mr. Sergeant Shea) would remind the Court that the case was tried at a time when, on account of tie deeisions of the Court of Exchequer, it was unhesitatingly considered that the mere fact of being a member of a provisional committee rendered a man liable for whatever expenses were in curred by the company with which he was so connected. The case was tried upon this principle. Mr. Justice WIGHTMAN differed with the Learned Sergeant. The case was left perfectly free to the consideration of the jury. He sub mitted the following questions to them:—Did Mr. Collins hold himself out to the plaintiff and to the world as one of the directors of the railway, or suffered others to so hold him out, at the time the plaintiff sup plied the goods ? Did the plaintiffs execute the order on the credit of Collins and Greville being directors of the company, and were the goods such as the company required in its then state ? To all of these questions the jury replied in the affirmative, and accordingly gave a verdict for the plaintiff. Mr. Sergeant SHEA said they did, forming their deci sion on the principle, that because the defendant was a provisional committeeman, he was liable. Mr. Justice WIGHTMAN repeated that he carefully left the question to the jury, and held that if the defendant suffered himself to be held out as one of the directors of the company, and that if the goods were supplied on the strength of the office he held then, that they ought to - find for the plaintiff. Lord DENMAN-It will perhaps be assumed now that being a provisional committeeman is an exemption (1.1 laugh ) he cont en d e d t h at t h e ev id en ce was as slight as p Mr. Sergeant SnEA. said he did not contend thoasts,ibbulet t e o s s a la t o h w at th h a e t s h au e ot w io a o s e a d or provisionalga ve named Gilbrante and Greville were the promoters of the line, an d var i ous mee ti ngs were held at the the orl/4r committeeman,s, Two much Ipersons George and Vulture, Cornhill. There the busi ness of the com p any also, which was very trifling indeed, was transacted, but afterwards it was deemed expedient to take apartments at 73, Basinghall-street, and Gil brante ordered the furniture from the plaintiff. Mr. Justice WIGHTMAN referred to his notes. From them it appeared that Gilbrante stated, at the trial, that he was to get directors, and that, if it was carried out, he was to be assistant -secretary, at a salary of 3/. 3s. a week, and to have 300 shares in common with the directors. He told Greville that he wanted two more directors, when he mentioned the names of some friends who were members of the Reform Club, and promised to get that number before the offices were opened. Isle afterwards stated that he had got Collins to join the company. Collins it appeared came to the office two or three times, but his name was in the prospectus as a director, and on going into the board-room on one occa sion he said "You are doing it up very nicely." Mr. Sergeant SHEA said he called a number of wit nesses on behalf of the debt. Mr. Justice WIGHTMAN—You did ; but I thought they strengthened the pl a i nt iff ' s case.—Rule refused. BI LLS FRAUDULENTLY OBTAINED. —WOOD V. MITTEN Mr. Sergeant SHEA also mov e d f or a new trial in this case, and for power to arrest judgment. The verdict was found for the plaintiff. The action arose out of a promissory note drawn by the defendant for 6001., en dorsed by him to a person named Cl ar k son to the plaintiff. The question at issue w as w h et h er the plaintiff knew that the bill had been fraudulently ob tained from the defendants. The defendant, who ;vas a gay man of fortune, was defrauded of three bills in the month of March, 1845, by a person named Barker ; two of them came into the hands of a person named Hearn, who brought actions against the defendant for their amounts, but he had been in each case defeated. Be now produced the affidavit of a person named Ricka r d, setting forth that with respect to this bill the plaintiff was well aware that it had been fraudulently obtained, he having been unable to do so at the trial. There could be no doubt of the fact, as various proceedings had been taken in the law courts and at Marlborough-street Police -court, which were fully reported in the news papers. He moved for an arrest of judgment on the strength of the statute of Anne, which rendered the note not negotiable. The Court of Common Pleas had granted a rule for a new trial in a similar case, and the question was now before the Court of Exchequer on demurrer. The Court acceded to the motion for an arrest of iudgment. EXCHEQUER.--(THIS DAY.). (Sittings in Banco.) HOWDEN V. HOLMES. Mr. Sergeant CHANNELL moved in this case for a rule nisi and a, new trial, on the ground 4 misdirection. The trial took place at Maidstone, before Mr. Baron Parke. The plaintiff who was employed as the Par liamentary agent of the Hull and Birmingham, and Swansea Junction Railway, sought to recover the sum of 2.5/. from the defendant, as a member of the provi sional committee. It appeared that in the latter part of the year 1845, 1 his beat he again walked u p the court, and found that the managing committee called a special meeting at the the pile had been incr ease d fi ve more bricks in his ab offices of the company, for the purpose of obtaining the Bence. lie stood awhile, in company with police accounts of the different persons who had been ern- constable F 158, by the pile, and the defendant Fuller ployed in the service of the company, and also for the came down the court with a basket in his hand, which purpose of devising some plan for the liquidation of contained six bricks more. the outstanding claims. The result of the meeting was Police-constable C 45 took the defendant Maynard that a resolution was agreed upon , to the effect that each into custody with fi ve b r i c k s un d er hi s arm, proceeding provisional committee man should subscribe the sum of to the pile in the cour t. 251., in order to raise a sufficient sum to clear off the Police-constalele 158 corroborated the other evi liabilities of the company. A letter enclosing a copy of dente, and said the bricks were all of one mark, and the resolution was forwarded to each member of the Fcim- could b e traced to a h ea p i n N ew O x ford-street, which mittee, including the defendant , who was then residing the prisoners could only have reached by passing over a at Hull. On the 25th of March following—the date of fence six feet high. They had not yet bad time to find the first application being the 14th of March—another out the owner of the bricks. application was made by the secretary for the payment Mr . LONG said there could be little doubt about the of the sum in question. On the 29th of April the de- way in which they had come by the bricks, and he would, fendant, together with other gentlemen, also members of therefore, remand them till Tuesday. the committee, residing at Hull, signed a certain docu ment, in which they acknowledged the receipt of the former applications, and requested that a general meet ing of the committee should be held in London, for the purpose of considering the various claims made upon the company, and to pay such as were proved to be valid and proper. The Learned Baron who tried the cause considered this document as containing a promise to pay on the part of the defendant. and a verdict was accord ingly returned for the plaintiff. Mr. Baron ALDERSON thought the defendant a very honest man for sending the document referred to, and bought that he should not be prevented from paying. Rule refused. --- SPORTING INTELLIGENCE. NEWPORT PAGNEL STEEPLE CHASE. Weights for the Newport Pagnel Annual Steeple Chase; forfeit to be declared on or before the 12th instant ; the Winner of any handicap between the sth and 20th of No vember, both days inclusive, to carry 71b extra. st. lb. at. lb. Brunette Pioneer St. Leger ••• 12 0 Cigar Saucepan l2 0 Latitat lO 12 Vanguard Switcher ll 13 Tramp lO 12 Salute .......... 11 12 Wednesday ... Discount Lucifer.. ... ...... ... ...... 11 7 Quicksilver Culverthorpe Eagle Christopher North Ditto (second entry)... 11 4 Sparta .. ........... Telegraph Peter Simple Nimble Harry ll 0 Amazon, 4 yrs The P0pe...... ........... 11 0 Sacrifice Wanderer Rocket ll 0 Magic •• Everton ... ... 11 0 Profligate Tamworth ....•• 11 0 Sir William lO 0 Ambassador (RECEIVED THIS DAY.) WORCESTER STEEPLE CHASES.—FRIDAY. The Worcestershire Handicap Steeple Chase Sweepstakes of 20 sovs. each, 10 ft, and 5 only if declared, with 100 added. Four miles. Gentlemen riders. Lord Strathmore's The Switcher, 12st (Owner) 1 Captain Barnett's Marengo 2 Mr. 0. Higgins' Pioneer ..... Mr. Preston's Brunette... , The following also started : Hon. D. Ward na Salute Mr. Tilbury's Culverthorpe Mr. Moseley's Jerry 111 r. C. Smith's Tramp Mr. James na Sparta Captain Boyd's Mahomet 0 Mr. Harrison's Little Johnny 0 Mr. Stapleford's Gilrag 0 A fine race with three. The Free Handicap Hurdle Stakes of 10 soya. each, and 50 added. Heats, two miles. (9 Subs.) Mr. Oakey's Valeria, 4 yrs (Oliver) 0 1 0 1 Mr. Hawkins' Teresa, 5 yrs Mr. Haynes's bg, by Young Cadland, 4 yrs Mr. Ibbotson's Pimento, 5 yrs Mr. Pearce's Jack ............... ..... 0 3 dr Mr. Wesley's Councillor ................ 0 dr Mr. Sheppard's Mudlark, aged .................... 0 dr Mr. Turner's Tincton, aged ... 0 dr Mr. Brown's Hipbriar, aged SHROPSHIRE UI . V_9N RAILWAY AND CANALS. Perceiving that the arrangements effected by this company with the London and North-Western are not yet perfectly understood by the public, nor by the rail way press, we shall, perhaps, be doing a service to parties interested if we publish the following letter, written by the respected Secretary of the company to a gentleman who has permitted us to use the ,communica tion:-- —• "Shropshire Union Railway and Canal Company, 9, Great George-street, Westminster. "London, Nov. 2, 1846. "Sir,—l beg to acknowledge thereceiptofyour favour of the 31st instant, and to inform you in reply that the directors have concluded the following satisfactory ar rangement with the London and North -Western Com pany, viz.:—the London and North-Western Com pany guaranteed to this company half the divi dend payable annually to their own proprietary, with a participation by our shareholders in all their new stock to be created in the pro portion of ten 201. shares (or their equivalent in other shares) of this company to 1001. stock of the London and North-Western Company—if the lines make more than the half dividend this company to receive the excess up to 6 per cent., the profits over 6 per cent. to be equally divided. " It is not improbable that 4 per cent. will be allowed upon the calls, but this is not yet decided. " I am, Sir, your obedient servant, " WILLIAM COWAN, Sec." From the foregoing it is obvious that this stock is not by any means so eligible for investment as the stock of the London and North-Western at present prices. THE FALLING STARS OF NOVEMBER! It must be sufficiently known to the reading public generally, and especially to philosophical readers, that, for a number of years past, telling stars in great num bers, though larger in some cases and fewer in others, have been observed to fall, accompanied generally, or preceded by, the aurora borealis, fiery balls, and other meteoric phenomena. The periodical time when these falling stars have been observed during fourteen or fif teen years past, has been a regular interval, extending from the 9th to the 14th of November, and the observa tions which have ascertained this fact have not been con fined to this country nor to Europe, the same phenomena having been noticed precisely at the same time in this country, in France and Germany, in Russia, in America, and even in Australasia. It was only in 1831, that scientific attention was first called to the asteroids, or falling stars of November; but since then the synchrcmism of their appearance, both as to date and locality, has been accurately ascertained and registered. On the 11th and 13th of November of that year, Captain Bernard, when off the coast of Carthegena, in South America, observed a shower of falling stars, which, during three hours, he calculated to be at the rate of two stars per minute; and precisely at the same time Dr. Wright observed a similar shower in the pro vince of Ohio, in the United States. In 1832, on the 13th of November, a shower of shooting stars was ob served at Oremburg, in Asiatic Russia, between three and four o'clock in the afternoon. They were in large and continuous numbers, and traversed the horizon in a regular current, from north-east to south-west. In 1834 numerous showers of shooting s tars were seen in most of th e states of N ort h A mer i ca , where the circ umstance caused great exc it emen t, and was recorded in the principal journals. The phenomenon occurred, as usual, on the 12th and 13th of November. In 1835 these appearances in Ame rice, were resumed at th e same date; an d on the nights of the 13th and 14 t h o f the same year, M. Delejeune observed at Lisl e an i gneous meteor, l i ke a star , l arge r and more brilli an t th an J upiter, and wh i c h l e f t b e hi n d its track on its di sappearance a shower of sma ll er s t ars . In 1836, at th e usua l petted, in the month of November , simultaneous observ a t ions were made o f s h owe rs of fall ing stars, in a great number of the prov i nc i u l di s t r i c ts of France. I n P ar i s, at six o'clock, on the even i ng o f the 12th, the celebrated astronomer and savant, M. Arago, observed one hundred and ninety of these stars, the tracks of which were principally confined to the constellation Leo. At Berc at the same time, M. twenty Meret saw one h undred and of these stars, half of which p rocee d e d from the same conste ll at i on . A t Strasburg, at th e same time, e ighty-five were seen by Prof e s sor F angean, out of w hi c h fif ty - seven were visible in th e di rect i on of Leo ; at Angiers, fort)- nine were seen by Professor Moren ; at Rochfort, twenty-three were seen by Lieutenant Salneuve ; and at Cand th i r t e a e cine. hours Contemporaneous Aix La Ch a p e ll e , t hi rty-six were observed within the space al a is of and three quar with ters, these by oh Messrs . vations in France, one hundred and sixty of the same falling stars were seen at Plymouth in the same special interval of their periodical return, namely, between the 9th and 15th o f November. Onthe 13th of November, 1760, a large fire ball exploded with a loud detonation, near Disson, in France, and set fire to a house there. On the 12th of November, 1791, about half-past six in the evening, a large and brilliant meteor, which burst into a shower of stars, like a rocket, was observed at Gottingen, by Professor Lichtenburg. On Nov. 13, 1603, a remarkable meteor, called in the papers a " fire-ball," passed over a considerable track in Eng land, and was observed by several persons at the same time in different situations. In 1813, on the 10th of No vember, between six and seven o'clock in the evening, England was again visited by a_ brilliant and detonating meteor of considerable magnitude. In November, 1819, as seen nearly at a meteoric globe of fire was seen the same time in Hayti, in Bohemia, and in England. On the 14th of November, 1825, a large meteoric d fire-ball exp l o d ed in Scotland, and the years 1826 and 1827 were marked by similar visitations in England. After this date scientific attention was first drawn to th e p er i o di cal ap pearance of showers of falling stars in diff erent parts of occurrence the world in November, and their _ was duly registered. From the foregoing details, to w hi c h a vast series of coincidences might meteorological • • dences we had space ' lit be added (i f or lei sure),migrs that there are some distinctions in it appears and that the phenomenal, the manifestations o f these well ascertained interval bet ween t h e as teroids of the 9th and 14th of November, are only visible when they penetra te the atmosphere of the earth. Sometimes they a ppear in a numerous, and sometimes in a more l i m i ted form. It will bethehistory found, on looking to their periodical appearance, that phen omena o f a mag netic or electrical description have been more regularly seen in this countryot than the more striki ng p h e n omena ' f a lling stars whi c h occur i n the. of the showers we stern hemisphere. Supporting himself on this fact.the celebrated astronomer, M. Biot, has b roug h t f orwar d a theory respecting these periodical meteo rs , w hi c h, in concurrence with the scientific excit t d b emen cause y the phenomena, and vvith the universal p re p ara ti on o f it observation, he read before the " Academic des Set scientific men for . 1 e twes. ,, M. Riot's theory is in per feat coneuttenee • with the sttnosphprie phenomenaof the Zodiacal light. His opinion is, that the result is produced in consequence of the earth (on reaching - a par tictilar point of its course on the 12th of November) coming i n contact with that solar nebulosity to which the a u ror a borealis is by the majo rity of astronomers attributed. He says, "that on the l3th of November the earth arrives very near to t he ascending node of the nebulosity t o wards which she is will soon travel; approaching, and towards which she and by her colli that she will operate by her attraction . •-xity which Sion ou the material particles of the nebul.__ will be at the same epoch near the ascending nodes of their orbits, and at similar distances as the sun from the earth, or very little different; from which would result phenomena, that would be coincident as to direction and time, with those that the periodical phenomena of No vember have presented. Finally, the usual, and much more central passage of Mercury and Venus through the region of the above described ne bulosity, must disperse innumerable multitudes of its particles into orbits slightly inclined to the ecliptic, and in every direction, so that the earth may accidentally meet with them again in other points of its course. These multitudes of particles, travelling in one and the same direction, are the asteriods, or falling stars, which we periodically encounter in November." Thus far the astronomer Biot ; and there is good rea son to infer, from observations latterly made, that Biot's theory is baud upon correct data, and that the pheno mena of the solitary igneous meteors and of the showers of stars in November, being synchronical, are connected with and depending upon, the more familiar phenomena of zodiacal lights. Sometimes the globular meteors which have been described apps ar alone, and in consi derable voluMe. The most brilliant of them in No vember, 1836, shed a lustre equal to that of the planet Venus. According to another Continental Professor of Astronomy, M. Milet, "Stars, or fragments of stars, do really fall to the earth ;" and thus it would seem that the vulgar superstition of " falling stars " is philosophi cally correct. NAVAL INTELLIGENCE. PoarsmouTH, Nov. 6.—An order is down from the Admiralty for the reduction of the complements of all men-of-war, taking fifty men from first rates, and from all others in p ro p ort i on to t h e i r c l ass; an d a l so taking away one lieutenant from each ship. It is said this measure is to enable the Board to commission more ships, but there appears to be about as much reason in that idea as in the showman's, who commenced his ex hibition by saying, he'd "put out the candles to show more light." Her Majesty is expected to revisit Osborne early next week. The Fairy is being got ready to convey the royal party over. She tried her engines to-day. Orders have been given this morning to repair the defects of the Resistance, and get her ready for the con veyance of troops with all possible dispatch. It is un derstood that on her being paid off, (Commander Gower Lowe, of the Crocodile, will recommission her, and that his officers and crew will be turned over to her, that vessel being reported as unfit for any service, but that of a hulk or coal depot. It is a pity, in these circumstances, that, her refit should have been allowed to proceed, as much expense has been incurred which might as well have been spared. The Scourge steam bomb-vessel, Commander James C. Caffin, went to Spithead this morning, and remains ready for immediate service, if required. No orders have yet been received for launching the Dauntless steam-frigate. She is cradled, and can be prepared for launching in a few hours, but it cannot take place now for nearly a fortnight, on account of the tides. The other steam-frigate (the Arrogant) is also in a very forward state. _ _ _ Thirty-seven blue jackets were draughted yesterday from the Victory and sent on board the Sphynx steam sloop, Commander J. B. Cragg, for passage to join Vice- Admiral Sir W. Parker's squadron. The Victory is, in consequence of the frequent draughts lately made upon her, getting very short of hands, nearly all the dis posable men and boys having been sent away. An order has been received here from the Admiralty to superannuate all the dockyard riggers of 60 years and upwards, and all such men as are incapable from infirmity of service at sea. (If this rule were generally ap plied, we wonder where the Admiral- Superintendent would be.) The Vengeance, 84, Captain Lushington, is very fast progressing in her fitting, and will be ready to leave the basin next week. Seamen are rather scarce. George M. Balfour (1843), at present in the Hibernia, 100, flag-ship in the Mediterranean, is promoted to the rank of Lieutenant. The Birkenhead steam-sloop, of 1,400 tons and 500 horse power, built by Laird, of Glasgow, is commis sioned at Sheerness, by the appointment of Commander A. H. Ingram, 1841, who was Lieutenant of the Blonde, 42, in the operations at Canton. The Medea steam-sloop, of 835 tons and 220 horse power, built in 1838 by Lang, is commissioned at Wool. wich by the appointment of Commander G. E. W. Ha mond (1843), who was midshipman of the Blonde at the taking of Morea Castle (1828). The Rosamond (late Eclair) steam-(loop, of 1,050 tons, and 286 horse power, built in 1844 by the Sur veyor of the Navy, is commissioned at Sheerness by Commander John Foote (1845), late lieutenant of the Dublin, 50. The Albatross, 16, recently from the coast of Africa, is commissioned at Chatham by Commander A. Far quhar (1844), who was mate of the Princess Charlotte at St. Jean d'Acre. The appointments of the:above officers appeared in The Sun of yesterday. The Salamander steam-sloop, Commander A. S. Ha mond, arrived at Valparaiso from Otaheite, en route to England, to be paid off, on the 17th of August. The Talbot, 26, Captain Sir T. Thompson, Bart., ar rived at Valparaiso from St. Blas on the 24th of August. The Sampson steam-frigate, Captain Henderson, sailed from Valparaiso for Coquimbo on the 25th of August. We are happy to state a subscription is set on foot in the endeavour to raise some respectable sum for the relief of the family of the late Lieutenant W. P, Green, whose hard case appeared in The Sun of yesterday. Everything remains in statu quo on borrd the St. Vin cent, 120, Captain Milne. She is all ready for bending sails, and leaving the harbour at a day's notice, if re quired. The Rattlesnake surveying ship, Captain Owen Stanley, is painting, and in a state of great forwardness. The Naiad coal depot, Master Commanding W. L. Brown, is rigging with great dispatch. Her topsail yards are crossed, lower yards across the bulwark, top gallant masts pointed, and rigging ratlined down. The Penelope steam-frigate, Captain Giffard, does not make much show yet. Men are very scarce; and as she is being rigged alongside her hulk, there is not the facility for getting the requisite materiel that there is alongside the jetty, or in the basin. In the Harbour—St. Vincent, Victory, Excellent, Victoria and Albert, Rattlesnake, and Resistance; Pene lope, Sphynx, Myrtle, and Echo, steam-vessels. . In the basin—Vengeance, Naiad, Fairy, and Asaphi- In Dock—Ajax, Edinburgh, Prince Regent, Leander, Crocodile, Champion, and Serpent. At Spithead—Scourge. " COVE OF CORK, Nov. 3.—The Myrmidon, steam vessel, Lieutenant Commander Jenkin, still carries the flag of Rear-Admiral Sir Hugh Pigot, Commander-in- Chief. The Dee steam-vessel, Master Commander Driver, is taking on board 1,500 bags of bread for Valentia, whither she will go when sbe has completed with these provisions. The lihadamanthus steam vessel, Lieutenant-Commander Aylt n, and the Comet steam- sloop, Lieutenant-Commander Johnston, are in harbour, awaiting orders and cargo. The latter has been put upon the war establishment, a corporal and seven additional marines have been added to her com plement, which also was strengthened before she left Portsmouth. The Blazer steam-vessel, Captain Wash ington, and the Acheron steam-sloop, Lieutenant-Com mander Dunlop, have left; the former for Bantry Bay, with marines, and the latter for Galway, with marines and provisions." CHATHAM, Nov. 6.—The Gloucester, 50 guns, was put out of the first dock into ordinary on the sth inst. The Elk, a new 12-gun brig, will be built in the same dock immediately, as she must be completed in the pre sent financial year. The Warspite, 50 guns, fitting in dock for com mission, will be ready for the pendant by the end of this month. _ _ The Albatross, 16 guns, fitting for sea, has got her lower rigging over the masts heads, and will be ready for the pendant by the middle of this month. The Rochester, Sedgwick master, arrived yesterday with stores from Plymouth and Portsmouth yards. The Duck, Savage master, arrived on the 4th instant, with stores from Deptford and Woolwich yards. The Gun hoy, from Woolwich, arrived on Wednes day, the 4th inst., with guns and stores, and is reloading with guns for Woolwich. She conveys on board 44 guns (32 -pounders, 9 feet, 45 cwt.); and 7 guns (32 - pounders, 8 feet, 41 cwt.) She sails to-morrow from the Gun-wharf. The Marlborough boy is loaded with guns and un serviceable arms and accoutrements, recently brought home by the Belleisle troop ship from Quebec and Montreal, for the Tower. Professor Moseley paid his first annual visit to the Apprentices'-school in Chatham-yard on the 4th inst., and commenced with the examination of the apprentices, of which number there are 141 in the school. The Pro fessor will close his examination to-morrow. Sir William Burnett, Physician-General of the Navy, I arrived on the 4th inst., on his annual inspection of Melville Hospital, and the dockyard surgery, &c. Two clerks have been sent from the Admiralty to assist in taking a general survey of the stores of this dockyard, consequent on the appointment of Mr. Miller, as storekeeper of the yard. In harbour is the Mutine, 12 guns, Commander R. Tryon ; she will be out of the hands of the dockyard on Monday next. No day is yet fixed for herleaving the port. The Wildfire steam-vessel arrived from Sheerness - last evening, and landed at the Sun-pier Colonel Fox, the Surveyor-General of the Ordnance, and Sir T. Hastings, storekeeper at the Tower. The vessel returned to Sheer ness this morning. Woomvica, Nov. 6.—The Rosamond steam-vessel was commissioned yesterday at Woolwich, by Com mander John Foote (1845), and when ready for sea will proceed to the Mediterranean for service on that station. The Geyser steam-vessel was commissioned yesterday at Woolwich, by Commander Graham E. W. Hammond (1843). The Medea steam-vessel, Commander Francis T. Brown, who commissioned her on Monday last, was tried down the river to-day, and gave great satisfaction. Captain Crawford, Captain Wellesley, Captain Pleydell Bouverie, and Lieut. Lysaght, R.N., at present studying steam at the factory in the Woolwich Dockyard, and Mr. Murray, chiet engineer of Portsmouth Dockyard, were on board to witness the working of the engines, and the vessel was in charge of Lieut. Laurie, of the Sidon steam-frigate, with Master Commander Petley, of the Lightning steam-vessel. The vessel did not leave her moorings opposite the dockyard until nearly one o'clock P.M., but she then proceeded down the river with great speed, her engines working remarkably smooth, and during the whole of her experimental trip they had not the least appearance of heating in any part. The Medea was built from a design by Mr. Oliver Lang, master shipwright of Woolwich Dockyard, and served with great credit under Commander, now Captain Austin, C. 8., on the Mediter ranean station. She possesses great breadth of beam, and is a most commodious vessel of her class. Her en girpswere originally of 220 horse power, on the beam principle, and constructed by Messrs. Maudslay, Field, and Sons. These engines have been removed, and two new enginos of 350 horse power have been substituted, on the double cylinder principle, by the same engineers, to attain the desideratum in speed now expected in steam vessels belonging to the Royal Navy. The pres for : gines, although 130 horse power g reater than thenn mer, are only of the same weight of metal, and nnl e fe n e r a t less and space, atnker which tn work affo themrd s a to in ample room greatest for the t! e P n i T g. h e tanv and comfort of all employed connexion wit h them. On arriving at the measured mile in Long Reach, the speed of the vessel was ascertained to be, on the average with and against the tide, 10 . 99 knots per hour; mile the time occupied in accomplishing theagainst the tide being 6 minutes 45 seconds, and with the tide 4 minutes and 35 seconds. The measured mile was run twice up and twice down, and the result was al most precisely the same. The engines have a stroke of 5 feet 3 inches, and acquired twenty-nine revolu tions per minute. The stokers have an excellent friend attached to their boilers in the form of a small engine having a power of 10 men, which is set in motion by the waste steam, on the engines being stopped, to supply the boilers with water by pumping, which it does moat effectually. The Medea, on her return to Woolwich, kept abreast of the Railway steamer, one of the fast boats to Gravesend, and was only distanced by the latter being of light draught and taking the shortest course of the river. The Medea had 215 tons of coals on board, during her trip, which gave her paddle-wheels a suffi dent immersion in the water. The Waterlily, a screw propeller steam-vessel, with engines on the direct action principle, by Messrs, Mauds lay, Field, and Sons, recently left the river for Naples, and went from Blackwall to Falmouth in thirty-two hours, and from Falmouth to Gibraltar in 113 hours, although she had to encounter the storm in which the Ripon went on shore, having left Falmouth on the 18th of October. The Waterlily is only 180 tons, with engines of 50-horse power, and yet she gallantly accompli s h e d her voyage to Gibraltar when numerous other vessels of greater tonnage and power suffered from the severity of the weather. The Teazer, gun steam-vessel, with screw propeller and engines by Miller and Ravenhill, proceeded down the river to-day to try her engines and speed, but she did not appear to have a great degree of velocity, although her engines worked well. The Teazer was built of wood at Chatham, and was under the charge of Commander Smith, of the William and Mary yacht. Mr. Atherton, assistant to the chief engineers of the Woolwich dockyard, was on board to witness the work ing of her engines, and report her speed. SHEERNESS, Nov. s.—The le troop-ship, Capt. Kingcome, was towed into harbour on Monday, where her defects can be more conveniently and expeditiously made good than at the Nore. The lEolus 44, being compl e t e l y fi tte d as a store-sh i p, was discharg e d from the basin on Tuesday, and taken in tow by the African steamer to-day, for Deptford. The Dragon steam-frigate, of 560 horse power, was ordered on Tuesday to be fitted for sea, with all despatch; she is now all ataunt in the basin, and taking on board her sea stores and provisions. No appointments are as yet down for her. The Birkenhead steam-frigate, the Formidable, 84, and the Horatio, 44, continue in dock. The Rochester lighter arrived from Portsmouth on Tuesday, with stores, for the dockyard, and the Sinbad lighter, from Woolwich and Devonport, on Thursday. Captain David Price (1815) has been officially nomi nated to succeed Captain Arthur in the superintendent ship of this dockyard, and the command of the ordinary. Captain Price is an old and distinguished officer ; he was midshipman of the Ardent at Copenhagen, in 1801, and in the Centaur at the capture of four French frigates, in 1806 ; the bombardment of Copenhagen in 1807 ; the destruction of a Russian 74 in 1808. When lieutenant of the Hawke he frequently distinguished himself in her boats in the Channel, and on one occasion was se verely wounded ; was in the San Josef in the partial action with the French fleet off Toulon in 1813 ; and in command of the Volcano bomb was actively employed in America, particularly against New Orleans, siege of Fort Bowyer, &c., where he was again severely wounded. IN THE CASE OF BANKS V. HILL. The grounds of this case were similar to the case of Banks v. Good, reported in The Sun of yesterday, and in which a verdict was also returned for the defendant. On the part of the plaintiff the Court refused an application by Mr. Watson for a rule for a now trial. HAYNES V. BUTTERWORTH. This action, which was tried at Liverpool before Mr. Justice Cresswell, was brought for the purpose of recovering a sum of money alleged to be lost to the plaintiff, in consequence of the defendant not accepting fifty shares in the Grand Union Railway, according to an alleged contract. The verdict was for the plaintiff. Mr. BAINES now moved, by leave of the judge, for a rule to show cause why a nonsuit should not be entered, as it appeared that, among other evidence given at the trial, it was proved that Haynes, the plaintiff, was in partnership with a person of the name of Tudall, and that, therefore, the action should have been brought in their joint names ; also, that the shares which the defendant contracted to purchase were the shares of a Mr. Ainsworth ; those shares were not, however, sent to the defendant, but to a person residing at Nottingham, and other shares were handed over to the defendant ; and further, that the agreement for the purchase o f the shares was not stamped.—Rule granted upon the whole of the grounds. HUNT V. PUCHAN. This was an action arising out of the non-accept ances of a number of shares in the Manchester and Southampton Railway Company. Mr. Hunt was a provisional committeeman of this line, and as such, was entitled to receive 100 shares. A short time after he applied to the secretary for a further allotment of shares over and above the 100. Mr. Hunt was residing at Southampton, as also Mr. Puckan, the defendant, who on the let of October went up to London, and while there sent down instructions by means of the electric telegraph to Mr. Clarke, a share broker of Southampton, in these words, "Buy me Man chester and Southampton shares at 4f or 44 premium, and allotments at 4/. is. 3d. premium." Mr. Clark ac cordingly proceeded to purchase a number of shares and allotments, including an allotment of 250 shares, for which Hunt and the plaintiff had written to the com pany, and in writing to the defendant, then in London, enumerating the purchases he had made, be mentioned the 250 shares applied for by Hunt (the plaintiff), which he had purchased at 51. premium. The company re fused, however, to allot to the plaintiff the 250 shares he had applied for, and in consequence of his not having received the shares, defendant said that he would let him off his contract. On the 28th of October he received a letter from the secretary of the company stating that one hundred shares were allotted to him as a member of the provisional committee. The plaintiff paid the necessary deposits. Some delay, however, took place in his receiving the scrip, during which time its value was considerably reduced. Plain tiff then called upon the defendant, and requested him to take the scrip according to the terms of the contract, which the defendant refused, and the present action was brought to compel defendant to make good the loss by his refusal. A verdict was found for the plaintiff. Mr. MoNTAnn CsAmßEas now moved for a new trial upon the ground that there was no authority for the defendant to make the contract, the instructions being to buy shares, and not allotments of shares; secondly, that ao unrt asonable time had elapsed before the scrip was & livered to the defendant. The COURT refused the rule. COMMON PLEAS.-(THIS DAY.) (Sittings in Banco.) WINCH AND OTHERS V. HAMILTON AND OTHERS.- BREACH OF CONTRACT. Mr. MARTIN moved for a rule to show cause why the verdict in this case should not be set aside and a new trial granted, or why judgment should not be arrested. The action, which was one of considerable importance, was tried at last Liverpool Assizes, before Mr. Justice Cresswell, and a verdict given for the defendants-- damages, 7901. 14s. 3d. The plaintiffs were owners of a ship, and the defendants had chartered for a vessel, the Mary Wynch, to go out to the coast of West Africa, for a cargo of guano ; and, in the failure of obtaining that, to sail, under certain instructions, to Rio and Bahia, for a cargo. The action was brought to recover the amount of freight, which was refused, on the ground of non-ful filment of the terms of the contract. The defence was that the captain had opened the sealed instructions given him in the wrong latitude ; that he did not make proper inquiry, according to the instructions, for guano ; and that he sailed to Bahia, and from thence to Europe, in a manner and time not warranted by the charter-party. This was denied, the plaintiffs affirming that any failure of the expedition arose from the inability to obtain guano, and the imperfect nature of the instructions. The Learned Gentleman went on to show that the defendants had done all that was required of them by the charter, and that the failure had been occasioned by the captain of the vessel neglecting the express instructions given him. This was the point left to the jury, and if the instructions were read, and the evidence consulted, it would be found that he had failed to carry them out in many essential particulars. Rule granted, with instructions that it be made a special case. OSBORNE V. PRITCHARD. Mr. Sergeant BYLES moved for a new trial, in this case, on the ground of surprise. This case was tried before Mr. Justice.Erle, at the last London sittings, and a verdict was giveil for the defendant. It was an action brought by a railway surveyor, who was engaged by the defendant in that capacity. The engagement was, that the plaintiff should be employed on a certain railway survey, at 3 guineas a day and expenses. This was in November, 1845, and after being employed for a short period, he was discharged ; it was alledged from incom petence. He then brought an action to recover for the unfulfilled period of the engagement, the whole extend ing from the 22d of October to the 30th of November. Rule refused. BATTHO AND OTHERS V. THE COUNT BATHYHANY. LIVERPOOL AND DERBY DIRECT RAILWAY. Mr. WHITEHURST moved for a rule to set aside the verdict on the ground of misdirection and its being against evidence. He would also move that the da mages be reduced. The action was tried at Derby before Mr. Justice Patteson, and a verdict given to the plaintiff for 351. Bs. The plaintiffs were lithographers, who sought to recover, for printing the prospectuses, &c., of the Liverpool and Derby Direct Railway, of which the defendant was a) provisional director. The defence was, that defendant though he was named on the attio and Co. provisional i committee, had never attended any of the meetingsor had The an Learnedypersonal G co en m t ni le u m n a i n cat s i u o b n mi w tt i e t d h B that in the precedent of Lambert v. Blaskitt, which was heardthe no o w._u other day, l g an ra d n a ted. rule granted, the same should be done CLER KENWELL.-(THIS DAY.) James Kelly was placed at the bar charged with rob bing his employers, Messrs. Pratt and Sewell, the exten sive stonemasons and paviours, of Gray's Inn-lane, to a large amount. Mr. Sewell, the junior partner in the firm, said the prisoner was foreman over their wharf, at the Regent's canal, and on T uesday last he was observed by one of the workmen to bring a cart into the wharf yard, which he ordered one of the labourers to load with five-feet slabs, and it shortly aftc;rwards left, without any person taking notice of the name upon it, the colour of the horse, or anything further than that a tall, respectably dressed man accompanied it as it left the yard, and turned down towards Maiden -lane. The prisoner had made r4o r eturn to the book-keeper of having sent out any goods. On a previous occasion fifty flags more than those mentioned had been sent out. Mr. GREENWOOD observed that it was evident there was a system of plunder going on, but he thought at momenta party equally . guilty with the the receiver, or prime instigator-- and he should therefore remand prisoner—he ss o nn presenteort yeth e aleena anbt the case to next Th urs d ay, when the police would try and trace the party who took the goods away. mARLBRO'-STREET.—(TRIS DAY.) John Maynard and Thomas Fuller were put to the bar, charged with stealing bricks. Police constable 192 C said, while on duty this morn- ing, about two o'clock, he found a pile of new bricks , about thirty in number, in a cou r t. After Passing rouud THE LORD MAYOR'S DAY, Yesterday the whole of the extensive arrrangements connected with the approaching inauguration of Sir George Carroll, Knight, as Lord Mayor, on Monday next, were, with a few minor details, completed. During the morning her Majesty the Queen-Dowager visited the hall, and expressed her admiration of the pre parations made tor the occasion. The banquet will be worthy of the well-known hospitality of the City, but the civic procession will be greatly shorn of its details, it being understood that neither the Butcher's Company, to which Mr. Alderman Challis belongs, nor the Car penter's Company, of which Mr. Sheriff Kennard is a member, will attend. The following is the authorised programme of the procession : Police Constables to clear the way. The Boys belonging to the Royal Marine Society, with banners. The City Marshal's men. 1-3 5 Six Police Constables. a -0 a. The Beadle of the Worshipful Company of rn O i Spectacle Makers. .0 0 c..) The Barge Master. -- Watermen, bearing the following Banners : k. 4 _aring t.L._ ..4 i._ The Royal Standard. • * 2. The Banner of St. George. 3. The Union. .- . 4. The Arms of the City of London. .-... cs u 5. The Arms of Felix Rogers, Esq. * c. , 6. The Arms of John Lainson, Esq. n s., ca. 7. The Arms of John Sivewright, Esq. g c/a 8. The Arms of R. B. Bale, Esq. A , 4:l cs 9. The Arms of James Harmer, Esq. 4 1 E-1 10. The Arms of Richard Gude, Esq. 11. The Arms of the Renter Warden, Sir James Duke, Alderman and M.P. 12. The Arms of the Rt. Hon. the late Lord Mayor. 13. The Arms of the Upper Warden, the Marquis of Downshire. 14. The Arms of the Master, William Clarkson, Esq. 15. The Arms of the Right Hon. the Lord Mayor. 16. The Arms of the Company's Chaplain, The Rev. Mr. Jennings, M.A. 17. The Arms of the Worshipful Company of Spectacle Makers. The Junior City Marshal on horseback. The Clerk of the Company in his chariot. The Court of Assistants in their carriages. The Wardens in their carriages.' The Master in his carriage. The Lord Mayor's Beadle. The Lord Mayor's Barge Master in hie state dress. . The Bargemen, bearing the various colours. The Banner of the Lord Mayor. The Captain of the Thames Navigation Barge. The Principal Assistant Water Bailiffs. The Watermen, with colours. A grand Military Band. The two Undersheriffs. The City Solicitor. The City Remembrancer. The Comptroller. The two Secondaries. The four Common Pleaders. The Judge of the Sheriffs' Court. The Town Clerk. The Common Sergeant. The Chamberlain. _ Ancient Herald, habited in a tabard with the Arms of Eng land, and plumed. Farrier on horseback Kettle Drums. Farrier on horseback Guard on horseback Guard on horseback Trumpeter on horseback. Trumpeter on horseback. Trumpeter on horseback. Guard on horseback. Guard on horseback. _ _ Standard Bearer in Half Armour, bearing the Banner of his Knight. Esquire in Half Armour, bearing the Shield. Esquire in Half Armour, bearing th e Sword. Ancient Knight, Mounted on a charger, armed cap-a-pie, in suit of polished steel, and plumed. Armourer on horseback. Armourer on horseback. Guard on horseback. Guard on horseback, Mr. Sheriff Kennard in his state carriage. Trumpeter on horseback. Trumpeter on horseback. Trumpeter on horseback. Guard on horseback. Guard on horseback. A Standard Bearer, in half armour, bearing the Banner of his Knight. Esquire in half armour, Esquire in half armour, bearing the Shield, bearing the Sword. Yeomen of the Guard. Yeomen of the Guard. Ancient Knight, Mounted on a charger, armed cap-a-pie, in a suit of burnished brass scale armour, and plumed. Armourer on horseback. Armourer on horseback. Guard on horseback. Guard on horseback. Mr. Sheriff Challis in his state carriage. The Aldermen who have not passed the chair. The Recorder The Aldermen who have passed the chair. The late Lord Mayor. Trumpeter on Trumpeter on Trumpeter on horseback. horseback. horseback. Guard on horseback. Guard on horseback. Standard Bearer in half armour, bearing the Banner of his Knight. Esquire in half armour, bear- Esquire in half armour, bear ing the Shield. lag the Sword. Yeoman of the Yeoman of the _ _ Guard. Ancient Knight. Guard. Mounted on a charger, armed cap-a-pie, in a suit of polished steel armour, and plumed. Armourer. Armourer. Guard on horseback. Guard on horseback. _____ City Marshal's Man. The Lady Mayoress, in her state carriage, drawn by six horses, 1011 join the procession on its return from Westminster. _ Trumpeter on horseback. Trumpeter on horseback. Trumpeter on horseback. Guard on horseback. Guard on horseback. Standard Bearer in half.armour, bearing the Banner of his Knight. Esquire in half-armour, bearing the Shield. Esquire in half-armour, bearing the Sword. Yeoman of the Yeoman of the Guard. Anciert Knight Guard. Mounted on a charger, armed cap-a-pie in a suit of burnished brass scale armour, and plumed. Armourer. Armourer. Guard on horseback. Guard on horseback. Trumpeter on Trumpeter on Trumpeter on horseback. horseback. horseback. The Lord Mayor's servants in state liveries. The band of the Life Guards mounted. The Upper City Marshal on horseback. Gentlemen of the Lord Mayor's household. THE RIGHT HON. TILE LORD MAYOR, In his state carriage, drawn by six horses, Attended by the Chaplain, Sword Bearer, Common Crier, and the Water Bailiff. Guard of honour on horseback. The procession will move from Guildhall at eleven o'clock, and pass through Gresham-street, Princes. street, King William-street, and Adelaide-place, to London Bridge, thence by water to Westminster, and will return from Westminster to Blackfriars Bridge, and pass through New Bridge-street, Ludgate-hill, Ludgate-street, St. Paul's-churchyard, Cheap side, and King-street, to Guildhall. At the Obelisk, Bridge-street, the procession on its return will be joined by the foreign Ambassadors, her Majesty's Ministers of State, the nobility, the Judges, the Members of Parliament, and other persons of distinction invited to the banquet. Bell's Life in London of November 8 contains the Performances of the Two-year olds, alphabetically arranged—List of Winning Jockeys in England in 1846; also of Gentlemen Jockeys in England and Ireland— Worcester Steeple-chases, &c. &c. Price of Bell's Life, Sixpence, the average sale of which exceeds Twenty five Thousand. _ THE POTATO DISEASE.—At the meeting of the Bo tanical Society, held last evening at the Society's rooms, 20, Bedford-street, & Covent-garden, J. E. Gray, Esq., P.R.S, President, in the chair, Mr. Moberly communi cated a paper "On the Potato Disease." Last spring Mr. M. set a small patch of ground with Irish potatoes, carefully dividing the ground into two equal portions, both dressed with the same manure, and with lime and ashes. When the haulm appeared above the ground, Mr. M. had one half of the ground dressed with a small quantity of the sulphate of magnesia, and as the plants advanced they were lathed up as usual. The crop of the whole ground was raised about the 25th of Sep tember. Two potatoes, which had not been dipped with the sulphate of magnesia, proved to be much affected with the disease, while the other half was perfectly sound, without one; discoloured tuber, and the quantity much exceeding that obtained from the other half of the garden. The crop treated in the ordinary way was raised two days afterwards. There was a large quantity of potatoes diseased, and many roots were quite black, and smelling very offensively. WAKEFIELD CORN MARKET, FRIDAY.—The supply of wheat is short, that of barley and other articles liberal. There is a fair inquiry for wheat, and a reduc tion of Is. to 2s. per quarter induces millers to purchase to a fair extent. For barley there is no demand, though effired at 3s. to 4s. per quarter below last week's prices. Oats are in request at late rates. Beans are dull, at a slight decline. SUNDERLAND, Nov. s.—Yesterday a seizure of upwards of 100 lbs. of contraband tobacco was made In this harbour, on board of the brig Ebenezer, Mills, on her arrival from Amsterdam, by Mr. George Wray, acting tide-surveyor. One of the crew, named William Farrow, admitting that the tobacco had been secreted by him he was taken into custody. MR. HARDY, M.P.—We are sorry to hear that the health of the Honourable Member for Bradford, which has for some time past been in a precarious state, has been recently still further impaired, by an attack of paralysis. —Leeds Mercury. Thirty steam-boats on the western rivers of America are lighted with gas, made by apparatus in each vessel, from the grease of its kitchen. A charity sermon for the distressed Irish was preached on the 25th ult. at Genoa, by the Rev, J. Ir vel cosialm clutplan. produced 544 f. APPOINTMENTS. Nov. 6.—U. S. Suliven, lieutenant, to the Birkenhead; G. H. K. Bower, master, to the Birkenhead • S. J. But cher, purser, to the Birkenhe a d ; Richard Wall, gunner, to the Birkenhead; Jacob Matthews, boatswain, to the Birkenhead; Thomas Ankers, carpenter, to the Birken head; Arthur Wilmshurst, lieutenant, to the Albatross ; W. H. Crane, acting master, to the Albatros s ; H. K. Conquer, acting purser, to the Albatross ; Joseph Paul, boatswain, to the Albatross; John F. Tottenham, lieu tenant, to the Medea; R. B. Mudge, acting master, to the Medea; J. C. Pinhorn, acting purser, to the Medea; Thomas Cass, acting boatswain, to the Medea; George Wall, lieutenant, to the Rosamond; J. H. Ashton, mas ter, to the Rosamond; William Stanway, purser, to the Rosamond ; John Campbell, acting boatswain, to the Rosamond ; Manser Bradshaw, master and commander, to the Alban; James Taylor, second engineer, to the Alban ; George Walter, second engineer, to the Sphynx; John Gilmour, third engineer, to the Sphynx; George Griffiths, third engineer, to the Sphyux; L. J. Palmer, clerk, to the Belleisle. Nov. 3.—Charles Bleach, promoted to be acting gunner. DUTY ON HOPS. An Account of the Duty on Hops of the growth of the year 1846, distinguishing the districts and the old from the new duty. Districts. Duty. Barnstaple ... •• • ••• £268 16 7 Bedford ••• • • •• • 0 14 10 Cambridge ... ••• •• • 28 0 8 Canterbury ... 52,857 11 7 ± Cornwall ••• ••• •.• 10 1 5 Derby ... ••• ... •• • 613 19 54 Essex ... ..• ••• •• • 1,201 5 1 Gloucester ... •• • •• • 124 0 5 Grantham ..• .•• 245 15 11 Hants ••• ... 18,920 8 4i Hereford (charged 50,9261.95. 3d. estimated *5701.) Hertford Isle of Wight ... Lincoln Lynn ... Oxford ~. Reading Rochester Salisbury Salop Stourbridge Suffolk ... Surrey ... Sussex ... Wales, Middle Worcester ... M,496 9 3 ... 237 3 101 9,295 12 5 ▪ 3,670 13 4 52 14 60 16 9 • 63 9 5 ... 134,380 19 0 • ... 104 16 6 • 14 4 4 2,956 18 7 ... 1,402 410 20 9 11 ...• 124,147 1 7i ... 134 1 2 ... 11 ; 301 7 4i £443,609 17 1/ Old duty, at 1 12-20 d, per lb. 242.929 15 7 8.20 New duty, at i• 8-20 d. „ 179,556 15 10 12-20 Additional duty of 5 per cent., by act 3 Vic., c. 17 ". 21,123 5 7i £443,609 17 li * This estimate arises from Mr. Vt.vers, a planter in this district, having declined to complete the weighing of his htips. _ . L. S. LYNE, Accountant-General. Excise•office, London, Nov. 6, 1846. BANK OF (From last Ni An Account, pursuant to the Act' the Week ending on Saturday, ISSUE DI X. Rotes issued.... • • • • 28,309,895 £28,309,C95 Dated the sth day of November, BANKING D Z. Proprietors' capital.. 14,553,000 Rest ••••••• • • . • • • • 3,463,03 Public deposits (in eluding Exchequer, Commissioners of National Debt, Say- ings-banks, and Di vidend accounts) .. 4,622,177 Other deposits ...... 8,761,736 eleven day and other bills ••••• • • • .• .... 1,016,015 4 32,416,391 Dated the sth day of November, ENGLAND. ight's Gazette.) 7th and Bth of Victoria, cap. 32, tot the 31st day of October, 1846. ...tar/I=NT. Government debt • • 11,015,100 Other securities •• • • 2,984.900 Gold coin and bullion 11,793,084 Silver bullion ••• • • • 2,516,811 I X 28.309,895 If. MARSHALL, Chief Cashier. , 1846. , ErIitTMEN T. Government securi ties (including Dead Weight Annuity).. 12,808,11 Other securities •• • . 12,175,968 Notes ••••••• • • • • • • • 6,934,120 Gold and silver coin.. 498,184 432,416,391 1. MARSHALL, Chief Cashier. 11346. AN ELOPEMENT STOPPING TELELEGRAPH.—OR Thursday a Mr. Kerrison, of Yarmouth, who keeps a coffee-shop (one of those coffee-shops in the country conducted on the " total abstinence from all sorts of alcoholic drinks" principle), applied, in a spasm of pre cipitation, at the Yarmouth station, to ascertain if his cars sposa had not shortly before booked herself and her bandboxes for Cambridge, Kerrison suspecting that she had faithlessly flown thitherward to a paramour, a son of the glue-pot and plane, who had recently been his lodger, but who, having obtained work as a journey man carpenter, was now plying his vocation at Cam bridge. Kerrison, with piquant pain and precision, de scribed the lady and the two damsels, who he suspected had accompanied her, all of whom were in plaid dresses and identically decked bonnets. A gallant guard at the station informed him that he had a perfect recollection of the fugitives, then on their way to Norwich. Berri son hereupon calmed, and commanded the equipment of a special train, but his ecstacy knew no bounds on being informed that by means of a whisper and awire he would be at Norwich before the fugitives. The telegraph was set to work and sent on its electric ddenu, and the flying fair, upon the instant and in spite of protestatio ns an d implorings, were detained at Norwich until the wronged Kerrison rushed up, and escorted them back to Yar mouth, glorifying the telegraph as a godsend and as a work of miracle in the maintenanee of his rights marital. EASTERN COUNTIES RAILWAY.--Considerable im provements and alterations have been carried out during the last few weeks, while others are in the of completion. At Lea-bridge and Tottenham stations a width of land has been excavated for the purpose of laying down additional rails. On these stations a reserve carriage carriage will be placed, in the event b of ee a eo n m u accommodated passengers arriving beyond what can ca i s si t o o n s se t r h v i e s Le new st ation d e trains is nearly year. At o A rd t in s a t r r y at t f r o u r i d n , , as h occurredon which e ie oc h both for the Essex and Cambri dg e with a platform for each lu, station the pens for the in length. At the Tottenham d finished. A very convenient of b abo ve lthgng two o s been erected, f t e d t , groun .There et are a ou f orty o f side upon a ra ised sheep and cattle are compdalebtlee o f t containing e s from a t t t ew e twentysft ic s h c , a w p hen brought up to this station, ihi the pens, feed in the marshes and neighbourhood. These pens are lighted fields o h ne l e dd r hs r e ihnt a ye c n h ts hhn o eeo f et w p n i w c with gas. Recently boards have been put up at a short distance from each station, with the word " whistle " on them, in addition to other boards which have for some time past been fixed on the up-line, directing the speed of the trains. FATAL ACCIDENT IN TUE LONDON DOCKS.—Yes terday afternoon an inquest was held before Mr. William, Baker, at the King George Tavern, in Beer-street, Wap ping, on the body of James Edwards, aged thirty, a labourer in the employ of Messrs. Cubitts, builders. For some time the deceased has been engaged on the new range of warehouses now buildi ng i n t h e L ondon Docks. On Thursday morning last he w as ass i st i ng i n hoisting columneeaafeedll,wwihthn w a a t a r a e t m an en d i d n o g u d s i c r ee l' a t s i h y u n p n o d n e r n th e e a u t r . a large column, when the screw o f the crane gave way, n h a e t e d e andf ort u t As speedily as possible, the ponderous mass of stone was removed, and the deceased released, who was found to be quite dead. Verdict,—" Accidental death." The porters of the Bridgewater Trust, at 'the \ Duke's Dock, have presented a very handsome silver tankard to Mr. James N. Cockshott, who, for many years has been the cash-keeper there, on the occasion of his removal to the Old Quay Dock, where he has suc ceeded Mr. Gayton, who has retired owing to ill health. A collation was given at the American Hotel, on Mon day last, when the men enjoyed a very pleasant evening