The Sun. — London, England, 1846-04-28 00:00:00

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SUNDAYS.—At 934, 10/, 11. 134, 5,6, and 7. FROM '^HE NEW TERRACE PIER, GRAVESEND. WEEK DAYS.-- 71, 834, 934; 11% 1,3, 4,5, and 6. SUIKDAYS. — At 71, 834, 11 ES 34 T FARES , 3,4, 5,6, and 7. LOW. Fore Cabia and Second Class Railway, 6d. Saloon and First Class Railway, 9d. t ESSRS. WICKHAM and CO.'s PUBLIC iv sALES of RAILWAY SHARES, &0., are held at tha Hall of Commence. Threadneedle-street, EVERY MONDAY and THURSDAYS, at One o'clock. ,• Orders received until Four o'clook of the day previous to each sale. London, 1846. I 4 0 N DON AND SOUTH-WESTERN RAILWAY. From an anxious desire to meet the public convenience, and with a view to placing the varied advantages of their Railway, in respect both of business and pleasure, more within the reach of every class of the community, the Directors of this Company have resolved, on and after the Ist of May ensuing— To inerease the number of the trains and to accelerate their speed, and vary the hours of departure and arrival of many of them. T. carry Second-Class Passengers with their Express Trains. To abolish their Slow Trains altogether, and to convey Third- Class Passengers at the Parliamentary fares, with their ordinary Trains, four times a day each way, and at hours to allow of an early departure and late return to and fro. To make he following great Reduction in their Fares through out Express Train, first class reduced to 20s. second class 178. Fast Trains, first class -17 s. 14s second class . Mixed Trains, first class 143. sec ond class —10 s. Third class at...• • .....6s. 6d. By an arrangement with the Floating Bridge Company, the Omni bus fare between Gosport and Portsmouth is reduced from Is. to 6d. each Passenger, including the same weight of ;luggage as allowed by the Railway Company. First class, 1121 b. scond class, 841 b.; third class, 561 b. Steps are in progress to increase the convenience of passengers proceeding by steam to France, the Channel Islands, the Southern Coast, and the Isle of Wight. This route to France, although Lime what longer, is by far the most certain and secure, from there being good harbours for departure and arrival at both ports. Parcels will be carried at a greatly reduced scale, the throughout charges between Southampton, Gosport, and London, including delivery by passenger trains, being fixed as follows, viz .— ls. Od. for 28 lb. Is. 6d. „ 561 b. 2s. Od. „ 1121 b. Time Bills, giving MI particulars, are in course of publication. (By order), P. LAIIRENTZ CAMPBELL, Secretary. April 18, 1846. 5 . 2 . 1 4 12 4, 211DLAND, OR LEICESTER, PTON, ISEDIr7OIIID, AND lIUNTI.WEIDO2N RAILWAY. Notice is hereby given, that a General Meeting of the Shareholders of the South Midland Railway Company, will be held at the Railway Station, Derby, on SATURDAY, the 2d of May next, at Two o'clock in the afternoon, for the purpose of giving their sanction, or otherwise, to the further proceeding with the Bills now before Parliament rela ting to this undertaking. The votes will be taken according to the amount of Scrip held by each Shareholder, present. or represented by proxy, at the Meeting ; and every person claiming to vote, either in his own right, or as proxy, will be required to produce and deliver up the Scrip attaehed together, with the name and address of the owner affixed, whose vote will then be noted, and the Scrip returned. Forms of Proxy may be ob•ained by applying to the Secretary, at the Company's Offices, Midland Railway Station, Leicester. The Directors think it right to inform the Shareholders, that the preamble of the Bill for the Huntingdon Branch of the South Mid land Railway, has already been declared proved by the Committee of the Mouse of Commons, and that the Bill for the Rugby and Hunt ingdon Railway (a competing line) has been rejected. The Committee on the Bill for the Northampton and Bedford lines appointed to meet on the 27th instant. Dated this 13th day of April, 1846. GEO. HUDSON, Chairman of the Committee of Directors. By order, G. N. BROWNE, Secretary. WAVENEY VALLEY and GREAT YAR MOUTH RAILWAY. __ _ _ In pursuance of the resolutions adopted in the House of Commons on the motion of Mr. Duncombe, M.P., on Thursday, 23d inst., the Committee on every railway Bill will require to be produced and verified before them, full and satisfactory information as to the names of the original alottees, and the amount of the subscription paid by them; the amount of shares retained for the provisional committee; the amount of shares paid up by the provisional com mittee; the number of shares now held by them ; a statement of money in hand; an abstract of receipts and expenditure, and also a statement of the source whence the deposit was paid to the Ac countant-General. It is now a matter of urgent necessity that the scripholders should, without delay, be made acquainted with the financial condition and prospects of this Company, not only that they may judge of the propriety of going on with the project, but also be satisfied whether the information which Parliament will require can be satisfactorily supplied. It is therefore proposed that a requisition should be signed as numerously and presented as speedily as possible, calling upon the Directors to convene a meeting of the Scripholders forthwith, and lay before them the exact position of affairs. Requisitions are now lying for signature at the office of C. M. Stretton, Esq.. 18, Southampton buildings, Chancery-lane, London; and C. L. Gikmsui, Esq., Bethel-street, Norwich. Scripholders, to whom it is not convenient personally to attend to sign, are requested to send an authority to that effect, stating the number of scrip held by them. LONDON and BIRMINGHAM RAILWAY. Notice is hereby given that a SPECIAL GENERAL MEET ING of the PROPRIETORS of this COMPANY will be held at the Euston Station, London, on THURSDAY. the 7th day of May now next ensuing, at 12 o'clock, when copies of the undermentioned Bills now pending in Pitßement, will be submitted to the proprietors for their appforal, by which Bills it is proposed to authorise the London and Birmingham Railway Company, either to constructor to become the lessees or proprietors of, or to contribute towards the formation of the railways therein mentioned, that is to say— A Bill for making a railway from the London and Birmingham Railway at Aldbary, in the county of Hertford, to Banbury, in the county of Oxford. A Bill for making a railway from Oxford, to the London and Bir mingham Railway at Bletchley, in the county of Buckingham. A Bill far making a railway from the London and Birmingham Railway, in the parish of Hampton-in-Arden, in the county of War wick, to the town of Banbury, in the county of Oxford. A Bill for making a railway from the London and Birmingham Railway, in the parish of Hampton-in-Arden, in the county of Warwick, to the Birmingham and Gloucester Railway, in the parish of Ashchurcb, in the county of Gloucester. A Bill to empower the London and Birmingham Railway Company to make a oranch railway from the London and Birmingham Rail war•, Lear Coventry, to the Trent Valley Railway, in the parish of Nuneaton. A Bill for making a railway &dm or near the city of Worcester, to the London and Birmingham Railway, in the parish of Weedon, in the county of Northampton, with a branch to Alceater, in the county of Warwick. A Bill to empower the London and Birmingham Railway Company to make a branch from the said railway, to the Bliaworth and Peter borough branch thereof. A Bill to empower the London and Birmingham Railway Company to extend their line at Leamington, and to enlarge their stations at Coventry and Rugby. and for other parposes A Bill for making a railway from the London and Birmingham Railway, to or near to Navigation-street, in the borough of Bir mingham. A Bill for making a railway from the London and Birmingham Railway, in the parish of Rugby, in the county of Warwick, to Leam ington and Warwick, in the county of Warwick. A Bill for carrying into effect certain arrangements between the London and Birmingham Railway Company, and the Company of Proprietors of the Birmingham Canal Navigation, and for granting certain powers to the said respective Companies. ABI I for making a railway from Birmingham to Wolverhampton and to the Grand Junction Railway in the parish of Buahbury, with a line diverging therefrom to Wolverhampton, and a branch to Dudley A I3itl for making a railway from Sinethwick, in the parish of Har borne, in the county of Stafford, to Stourport, in the county of Wor cester, with branches therefrom. A Bill to consolidate the London and Birmingham Grand Junction and Manchester and Birmingham Railway Companies. A Bill for making a railway from Blisworth, in the county of North tmpton, to Ashchnrch, in the county of Gloucester, to be calied " The Northampton, Banbury, and Cheltenham Railway." A Bill for making a railway from Blisworth, in the county of Northampton, to Banbury, in the county of Oxford, to be called " The Northampton and Banbury Railway." A Bill to empower the London and Birmingham Railway Company to make a branch railway from Rugby to the Syston and Peter borough Railway at Stamford. A Bill to empower the London and Birmingham Railway Company to make a railway from Wolv,rton to Newport Pagnell and Bedford. A Bill for vesting the Aylesbury Railway in the London and Bir mingham Railway Company. A Bill to empower the London and Birmingham Railway Com pany to make a railway from the London and Birmingham Railway, near Watford, to St. Albans and Dunstable, with a branch to Luton. A Bill to authorise an improvement of the line of the West London Railway and the Extension thereof to the river Thames. A Bill to empower the London and Birmingham Railway Com pany to enlarge their stations in London, and for other purposes. The chair will be taken at Twelve o'clock precisely. Dated this 22d day of April, 1546. GEORGE CARR GLYN, Chairman, 1 Of the Board JOSH. FREDERICK LEDSAM, R D i e c p H utLC D ha c inn itE a E n, D S of Directors. By order, MIDLAND ItA11:-c --= V A Y. Notice is hereby given, that a SPECIAL GENERAL MEETING of the PROPRIETORS of this Company Neill beheld the Derby Station, Derby, on SATURDAY, the 2d day of May no % next ensuing, at twelve o'clock, when the drafts of the undermen tioned Bills, introduced into Parliament in the present s ess i on, win be submitted to the Proprietors for their approval, miler which Bills it is proposed to authorise the Midland Railway Company, either to construct, or to become the Proprietors of, or to contribute towa r d s the formation of the Railways , and purchase the Canals therein mentioned ; that is to say A Bill to authorise certain alterations in the Line of the Syston and Peterborough Branch of the Midland Railway, and the formation of certain other Branch Railways in connexion therewith. A Bill for vesting the Leicester and Swannington Railway in the Midland Company, and for authorising the last-mentioned Company to alter a portion of the Leicester and Swa nnin g ton Railway, and to make certain Branches. A 818 to enable the Midland Railway Company to make a Rail way from Burton-upon-Trent to Nuneaton with Branches, and to purcha. the Ashby-de-la-Zouch Canal. A Bill to authorise the purchase of the Oakham Canal by the Mid land Railway Company. A Bill to empower the Midland Railway Company to make a Railway from Pye Bridge to the Clay Cross Station of the Midland Railway and a Branch in the Parish of Crick. A Bill to empower the Midland Railway Company to make several Branches from the Erewash Valley Railway. A Bill to empower the Midland Railway Company to make a Rail way from Nottingham to Mansfield with Branches therefrom. A Bill to empower the Midland Railway Company to make a Rail way from the Midland Railway at Clay Cross, to join the Notting ham and Lincoln Railway Branches. A Bill to empower the Midland Railway Company to make a Branch Railway from Swinton, in the West Riding of the County of York, to Doncaster, Gainsborough, and Lincoln, with Branches therefrom. A Bill to empower the Midland Railway Company to make cer tain Branch Railways from the Main Line of their Railway and for other purposes. A Bill to empower the Midland Railway Company to extend their Line at Birmingham, and for other purposes. A Bill for making a Railway from the Birmingham and Gloucester Railway, at Kings Norton, in the County of Worcester, to Hales Owen, in the same County. A Bill for making a Railway from the Birmingham and Gloucester Railway at Ashchurch in the County Countiynaof Worce , s in te th r. e County of Gloucester, to Great Malvern A Bill for Rail way at Stonehokuing a Railway from the Bristol and Gloucester and Gloucester RailwayS' in the County of Gloucester, to the Birmingham at Gloucester. A Bill for makieg' way, at M angotsneid a te ß th a th i ß i e w at a h y . from the Bristol and Gloucester Rail way, Bill to Consolidate Bristol and Gloucester, and Birmingham and Gloucester Railway Companies. A Bill to Consolidat e the Bristol and Gloucester , and Birmingham and Gloucester Railway Companies with the Midland Railway c.,,0m . pany. A Bill for makin g a Railway from the Midland R a il wa y near Leicester to the Tow ns of Nor thampton and Bedford, ii a to be called the South Mi dland Railway Northampton and BBerdariotcrdh Lines. proposed A Bill for making a Railway from es t to Huntingdon,South Midland Railway, Lin) Railway (Northampton and Bedford the Branch to be called the South Midland join the with a Proposed Man ). A Bill for making a Railway from Poole n the Parish of Collingbourn chester and Southampton with s a o Branch therefrom. Railway i to Dudes, in the County of Wilts, u m tl a t n am th p e t s o te n r to an S d wl s n o d u o th n am , in o th on e A Bill for making a Railway from County of Gloucester, to be called the Railway. A Bill for making a Railway from the Manchester and Birmingh am Railway at Cheadle, In the County ofC Amßailway bergate Station of the Midland heater, to or n ear to the in th to be called the Manchester, Buxton, Matlock , e County of D er b y, tion Railway. and Midlands Ju ne - A Bill for making a Railway or Railways from W and Dudley to the Midland Railway at Wichnor For ge Wolverhampton to be called the Trent Valley, Midlands and 4 r in Tatenhlli, Grand Junction Railway. A Bill for making a Railway from the London and Birmingham Railway in the Parish of Hampton, in Arden, in the County of War wick, to the Birmingham and Gloucester Railway, in the Parish of Ashchurch, in the County of Gloucester. A Bill for making a Railway from the London and Birmingham Railway, in the Parish of Hampton, in Arden, in the County of War wick, to the Town of Banbury, in the County of Oxford. A Bill for making a Railway from or near the City of Worcester to the London and Birmingham Railway, in the Parish of Weedon, in the County of Northampton, with a Branch to Alcester, in he County of Warwick. The Chair will be taken at Twelve o'clock precisely. GEORGE HUDSON, Chairman, lof the Board JOHN ELLIS, Deputy-Chairman, 3 of Directors. By order, J. F. BELL, Secretary. Dated till 22c1 day of Mama, 184 E. LON DON, TUESDAY 1,1 40A RNING No. 16,725. LONDON- and BIRMINGHAM 'RAILWAY. —By order of the Directors no further Tenders for Loans will be accepted. . ' R. CREED, Secretary. Office, Easton Station, April 25, 1846. ' HALLETTE'S ATMOSPHERIC RArLWAY AND CANAL PROPULSION COMPANY.' The Experimental Line of Railway at the Rosemary Branch, Peck ham, for exhibiting the application of Hallette's Atmospheric System, will be opt ned on WEDNESDAY, the 29th of April instant. Days ofrunning, Wednesdays, Thursdays, and Saturdays, between the hours of. Twelve and Four. Tickets may be had on 9plication at the offices, Winchester -house, 52, Old Broad-street. EDWARD J. COLE, Secretary. VERNESS AN 1) ELGIN JUNCTION RAILWAY. Notice is hereby given that a MEETING of the HOLDERS of SCRIP of this company will be held in the Caledonian Hotel, Inverness, on FRIDAY, the 15th May proximo, at Ten o'clock A.M., in terms of the resolutions passed by the House of Commons on the 23d current, to express their approval or disapproval of the Bill now in dependance before Parliament. • To entitle parties to vote they must produce their scrip at the meeting. By order of the Committee of Management, ' CHARLES STEWART, Joint Secretary. April 25, 1846. lERTH AND INVERNESS RAILWAY. Notice is hereby given that a MEETING of the HOLDERS, of SCRIP of this COMPANY will be held in Willis's Rooms, King street, St. James's, on MONDAY, the 11th May proximo, at Ten o'clock A.M.. in terms of the resolutions passed by the House of Commons on the 23d current, to express their approval or disapproval of the Bill now In dependance before Parliament. Te entitle parties to vote, they must produce their Scrip at the meeting. By order of the Committee of Management, PETER ANDERSON, Secretary. London, April 25, 1846, Novelties of extrem. interest and informition at the OYAL POLYTECHNIC INSTITUTION. JLlD'Scenes in the OREGON TERRITORY,fonia a part of an en tirely NEW SERIES of. DISSOLVING VIEWS. PORTRAITS of the most Distinguished Men in the SIKH GOVERNMENT and ARMY of LAHORE, magnified by the OPAQUE MICROSCOPE ; also, Portraits of Sir Henry Hardinge, Sir Robert and Lady Sale. The PHYSIOSCOPE and CHROMATROPE, • with new, and beautiful variations. The most interesting of the Novelties at work are MACINTOSH'S • ROTARY ENGINE, COLEMAN'S PATENT LOCOMOTIVE ENGINE, for ascending and descending Inclined Planes, FARRELL'S ARCHIREDIAN RAILWAY, an ENVE LOPE CUTTING MACHINE, WOOD'S NEW PATENT STEAM ENGINE GOVERNOR,' and the tATMOSPIIFIRIC RAILWAY. Experiments with the DIVING BELL and DIVER.. Lectures on CHEMISTRY and NATURAL PHILOSOPHY, with brilliant ex periments. „ • • Admission, Is. ; Schools, Half-price. A brief Description of the Oregon Territory, from Notes by a Nine Years' Resident, presented to the Visitors. N ATIONAL LOAN FUND LIFE ASSUR ANCE SOCIETY, 26, CORNIIILL, LONDON. Capital X 600,000. Empowered by Act of Parliament. This institution offers important and substantial advan tages with respect both ts. Life Assurances and Deferred Annuities. The assured has, on all occasions, the power to borr 3w, without ex prise or forfeiture of the Policy, two-thirds of the premium paid, (see table); also the option of selecting benefits, and the conversion of his interests to meet other conveniences or necessity. Assurances for terms of years are granted on the lowest possible rates. DIVISION OF PROFITg. The success and increasing prosperity of the Society, has enabled the Directors, at the last annual investigation, to declare a third Bonus, varying from 30 to 75 per cent. on the premiums paid on .ach Policy effected on the Profit scale. - • EXAMPLES. , 1837 1191 13 51487-13 S'LI3 17 1 1-1-1 s. 1833' 168 13 0 - 74'13 10 , 11 8 6 601000; 74 3 4 1839 138 13 6 61 14 3 9 210 118401 89 0 0 4! 13 4 6 u 0 g' o &e-g £395 II 1 346 2 3 ns 13 4 :n7 45 The division of profits is annual, and the next will lie made in De cember of the present year. F. FERGUSON CAMROUX, See. NICOLL'S PALETOT of LLAMA CLOTH registered 6 and 7 Vic., cap. 65. Patronised by the Prince Consort, Prince George of Cambridge, &c. This evercoat recommends itself to the Public generally by its peculiar elasticity and lightness, moderate price, and able defence against the almost constant humidity of the climate of Great Britain. To be had in London only of the Patentees, 114, Regent-street. NEW CLUB.—Ca n didates desirous of being . included among the original members of the BRITISH AND FOREIGN - CLUB, now formed, under the auspices of the Earl of Devon, Lord Metcalfe, Sir George Larpent, Mr. Benjamin Bond Cabbell, and others anxious to facilitate the intercourse of foreigners of distinction with English society, and to afford to country gentlemen and their families visiting London the advantages of an agreeable home, are informed that the CLUB will he OPENED early in MAY ; and that a - List of the Committee ana of the Members at present en rolled, [may. be obtained at the British and Foreign Institute, 13, George-street, Hanover-square. IMPORTATION OF BEAUTIFLTT., bracing many splendid obje c ts of Art, exquisitely Sculpt ur ed Figures; Tazzas, Vases i n Al a b as ter, and the Marbles of Tuscany. MR.' - EDMUND ROBINS is directed by the Consignee to submit to Unreserved Public Sale, at his Auction Rcioms in Covent-garden, on THURSDAY next, at Twelve, An extensive and varied collection of BEAUTIFUL ITALIAN SCULPTURE recently imported, embracing numberless charming specimens -ot the sculptor's art, many of them original, and others cop ed from the renowned models in the Florentine, Roman, Pompeii, and Borghese Galleries, comprising beautiful ALABASTER GROUPS, FIGURES, AND VASES, Executed in Florence by the most talented modern artists, and an assemblage of noble Vases, Tazzas, and ornaments of the Medici Etruscan,, Adrian, Roman, and Warwick forms, sculptured in the Cardiglio, giallo, agate. and other rare and recently discovered mar bles of Tuscany and Elba, calculated for halls and vestibules ; beau tiful mosaic marble tables and numberless pleasing objects of deco ration fo * r the drawing-room. The collection may be viewed two days prior at the Auction Rooms in Coventzgarden. r PHE OPERA. —The pure white, simple elegance, JL and perfect fit of the GOLDEN FLAX CRAVAT COLLAR stamp it as a most gentlemanly article of dress at all times, but for Full Dress it is indispensable. It needs no additional cravat ; in or_e article is combined both collar and cravat. Articles composed of cotton possess a dingy or yellow appearance, .or speedily assume it ; linen, on the contrary, from its superiorfabric,ls capable of receiving a higher bleach, and of retaining its snowy whiteness to the last. The Cravat Collar is made exclusively from the Golden Flax Linen, a fabric which is known to surpass al, others in purity of bleach and beauty of texture. N.B.—Each Cravat Collar is stamped "JOHN PATTERSON, London, registered 29th Auguste," and may be °Vainest at all hosiers, outfitters, &e. , ONE GUINEA WELLINGTON BOOTS made t• measure by G. GARRETT, Bootmaker, by special appointment, to the King of the Belgians. A stock of the most fashionable and highly-finished Boots kept ready made, to suit the convenience of Noblemen, Officers of the united Services, and Gen tlemen who prefer trying en Boots to giving an order. G. Garrett, Army Bootmaker, 130, Jermyn-street, St. James's. DAVIES'S FINE SPERM CANDLES, Is. sd. per lb. ; Genuine Sperm, Is. Gd. ; Yellow Soap, 425., 465., 525., and 555. per 1121b5.; Mottled, Sys., 60s. and 645.; Wax Candles, Is. per lb. ; German, Is. 2cl. • Fine Wax, le. sd. ; Trans parent Wax, Is. Scl. ; Genuine Wax, is. Id. ; Store Candles, 534 d. ; Extra Waxed-wick Moulds, 634 d.; Genuine Sperm Oil, 7s. per gallon; Solar, 3s. 3d. , Pale Seal, 35. 6d. ; Argand, or V ege t a bl e , 4 s . 6d. ; Windsor Soap, Is.; t. per packet ; Palm, Is. 4d. ; Old Brown Windsor, Is. 9d. 1.1 e, 2s. ; Almond, 2s. 6d. ; Sealing Wax, 4s. 6d. per lb. ; Hale's ; crier Paragon Composite, requiring no snuf fing, 9%d. For Cash—At DAVIES'S Old Established Warehouse, 63, St. Martin's-lane, opposite New Slaughter's Coffee-house. IRISH GREAT WESTERN RAILWAY. DUBLIN TO GALWAY. Notice to the Subscribers to the Deed and to the Scripholders , -- - - - - The House of Lords has, postponed the Third Reading of this Bill. That will enable those of you who have not yet signed the petitions to Parliament (" to stay the progress of the Bill, to cancel the lia bilities of the Subscribers to the Contract, and to return to the Share ..D.oldazgslle unsPani. 4ePosits") , the opportunity of affixing yotrr names to the Petitions which are already signed by one hundred and thirty persons, out of four hundred and twenty-eight of the Subscribers to the Deed, and representing at least 250,0001. out of the 810,0001., which is the total amount for which the Deed now before Parliament is signed. The Petitions lie for signature at the Shareholders' Committee room, Founders' Hall-court, Lothbury, from 11 to 4 o'clock each day. April 27, 1846. R. THOMPSON, Secretary. 7EXFORD, CARLOW, AND DUBLIN, JUNCTION RAILWAY COMPANY. Notice is hereby given, that a MEETING of the SCRIPHOLDERS of this Company will be held, pursuant to the sessional order of Par liament, at the Company's London Offices, 9, Whitehall-place, on MONDAY, May the 4th next, at One o'clock precisely in the after noon, and that at such meeting a copy of the Bill now pending in arliament, to empower the Company to construct their proposed railway, will be submitted for consideration. And notice is hereby further given, that all Scripholders attending the said meeting will be required to PRODUCE their SCRIP, and to allow the numbers thereof and their names to be registered By order of the Provisional Committee, April 23, 1846. CADWR. WILSON, Secretary. IPSWICH, NORWICH AND YARMOUTH RAILWAY COMPANY. Notice is hereby given, that in consequence of the sessional order and the Bill recently introduced into Parliament, the Directors have determined to POSTPONE the GENERAL MEETING, convened for the 30th inst., until some future day, when the Proprietors will have the opportunity of legally deciding what course shall be adopted. The Report which the Directors h'ad intended to submit to the Meeting, will be forwarded in the course of a few days, to every registered Proprietor. By order, FREDERICK BIGG, Secretary. 12, Old Jewry Chambers, April 27, 1846. MALDON, WITHAM, AND BRAINTREE RAILWAY. (Provisionally Registered.) Notice is hereby given, that a SPECIAL MEETING of the SCRIPIIOLDERS of this COMPANY will be held at the White Hart Inn, in the town of Witham, or. SATURDAY, the 2d day of May next, at twelve o'clock at noon, when a copy of the Bill now de pending in Parliament, intituled, "A Bill for making a Railway from Maldon, through Witham to Braintree, all in the county of Essex," will be submitted to the consideration of such meeting. Dated this 22d day of April, 1846. BLOOD and DOUGLAS, Solicitors for the Bill, Witham. ONDON and YORK SHAREHOLDERS.— The Committee of Shareholders have the satisfaction to an nounce that they are now supported by the Holders of upwards of 35,000 shares, and the nu►nber is hourly increasing. The Committee have also to state that they have ascertained that an offer for termi nating the Parliamentary contest, and all differences between the two Companies, and for greatly improving the position of the London and York Shareholders, has been made by the Eastern Counties Company to the London and York Directors. The Committee expect, in the course of a day or two, to obtain and lay the particulars of this offer, with their views on the subject, before all the Shareholders in communication with them, or whose addresses they can ascertain. The Committee again state they require no pecuniary support, but impress upon all Holders of Shares, and Subscribers to the Deed, that not a day should be lost in transmitting to them letters, filled up and signed in a published form, approving of arrangements being made with the Eastern Counties Company. _ By order of the Committee, 4 Size-lane, April 28th, 1846. HENRY PHILIPPS, Forms can be obtained at the Committee's Offices. NEWCASTLE AND BER WICK RAILWAY. Notice is hereby given, that a Special General Meeting of the Pro prietors of the Newcastle and Berwick Railway Company will be held in the Directors' Room, at the Railway Station, iu the city of York, on MONDAY, the 4th day of May, 1846, at half-past 10 o'clock in the forenoon; for the purpose of submitting for the approval of the Proprietors of the said Company the draft of a Bill now before Parliament, intittltled "A Bill for enabling aro Ife-Treaetle and Iler wick Railway Company to make certain Branch Railways in the County of Northumberland." Dated this 20th day of March, 1846. GEORGE HUDSON, Chairman of the Board of Directors of the said Company. N EW CASTLE and DARLINGTON JUNCTION RAILWAY. Notice is hereby given, that a Special General Meeting of the Pro prietors of the Newcastle and Darlington Junction Railway Com pany will be held In the Directors' Room, at the Railway Station, in the City of York, on MONDAY, the 4th day of May, 1846, at a quarter past 10 o'clock in the forenoon, for the purpose of submitting for the approval of the Proprietors of the said Company, the drafts of the following Bills now before Parliament, that is to say,— "A Bill for enabling the Newcastle and Darlington Junction Rail way Company to make a railway from or near Thirsk to Malton, with a branch toHelmsley." "A Bill for enabling the - Great North of England Railway Company to lease, and also to sell, their Railway to the Newcastle and Darling ton Junction Railway Company, and to authorise the raising of addi tional money by the said last•mentioned Company, for those and other purposes." " A - Bili for enabling theNewcastie and Darlington Junction Rail way Company to make a railway from the line of the Great North of England Railway to Bedale." " A Bill for enabling the Newcastle and Darlington Junction Rail way Company to make a Railway from the line of the Great North of England Railway to or near to Boroughbridge." "A Bill for enabling the Newcastle and Darlington Junction Rail way Company, to purchase the Durham and Cunderland Railway, and the Weymouth Dock, and to make certain Branch Railways in the county of Durham, and for other purposes." " A Bill for authorising the Sale of the Pontop and South Shields Railway to the Newcastle and Darlington Junction Railway Com pany." t • And "A BM for enabling the' Newcastle and-Darlington Junction Railway Company to• oonstru,cita.Pock at Jarrow Slake, in the River Tyne, and to make Branch ; Railways and works to communicate therewith, and for other purposes.!' And at such meeting, it is 'proposed to confirm the deeds and agreements already - entered into • between this Company and the Great North of England Railway Company, the Durham and Sun derland Railway Company, and the Weymouth Dock Company, either alone or together with any ether companies, or between the directors of the same companies, or any of them, relative to the pur chase and leasing of the said Great North of England Railway, the Durham and Sunderland Railway, and the Wearmouth Dock, or any of them, and the works connected therewith respectively. Dated this 20th day of March, 1846. GEORGE HUDSON, Chairman of the Board of Directors of the Newcastle and Darlington Junction Railway Company. y - 0 R K AND NORTH MIDLAND RAILWAY. Notice is hereby given, that a Special Gene ra l M ee ti ng of the Proprietors of the York and North Midland Railway Company, will be held in the Directors' Room, at the Railway Station, in the city of York, on MONDAY, the 4th day of May, 1846, at Ten o'clock in the forenoon, for the purpose of sub mitting, for the approval of the Proprietors of the said Company, the drafts of the following Bills, at present before Parliament, that is to say,._. A Bill for enabling the York and North Midland Railway Company to make a more direct line of Railway between York and Leeds." " A Bill to authorise the widening and enlargement of part of the line of the York and North Midland Railway, or the construction and mai ntenance of a R a il way adjoining thereto. " " A BM for enabling th e Hun and Selby Railway Company to lease, and also to sell, their Railway to the York and 'North Midland and Manchester and Leeds Railway Companies, or one of them, and to authorise the raising of additional money by both or either of the last-mentioned companies, for those and other purposes." " A Bill for enabling the York and North Midland Railway Com pany to make certain Branch Railways in the East Riding of the county of York, and for other purposes.' (No. 1.) " A Bill for enabling the York and North Midland Railway Com pany to mate certain Branch Railways in the East Riding of the county of York, and for other purposes." (No. 2.) And " A Bill for enabling the York and North Midland Railway Company to extend the line of the Whitby and Pickering Railway to or near Castleton." And at such meeting it is proposed to confirm' the deeds and agreements already entered into between this C ompany and the Hull and Selby and the Manchester and Leeds Railw a y C ompanies, or either of them, of rbetween theDtoiretchtoe pnrsorfehtahseeand same leasing gl of the or any them, relative G said Hull and Selby Railway, and HUDSON, Chairman works connected there w ith . Dated this 20th day of Mare Railway Company. a d rd lan o d f Directors of the said Yo r k and of o t r h t he Board of Directors of the said York and North Mi SUCCESSFUL RESULTS of the OPENING of L. HYAM'S New Show-room, 3G, GRACECHRUCH STREET. Successful results have our efforts obtained, And a host of new patrons already we've gained, As such is the case, we acknowledge to all Our gratitude deep for their kind-hearted call. 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No Mildness transacted On,Saturdays until the evening. L, IITAM , rAnteclaiell4OCS, 36, Giracechurch-street,London, PUBLICATIONS. MR. SCOTT'S NEW TRAGEDY. Now ready in octavo, price 3s. 6d., E 14'1 - S A R U s, A Tragedy in Five Acts. By WILLIAM R. SCOTT. Saunders and Otley, Publishers, Conduit-street. On the 30th will be published, price 25., DOLMAN'S MAGAZINE, No. XV. Edited by MILES GERALD KEON, ESQ. Art. 1. The Catholics of England, by C. E. Jerningham, Erq. 2. A Tale of the Falls, by the Rev. E. Price. 3. Lines on a Rumour of War, by F. F. I. 4. Gleanings in the Green Isle, by the Man in the Green Cloak. 5. Lakes of Killarney, by J. S. Buckingham, Esq. 6. Vicissitudes of Illustrious Men—Murat. 7. Chronicles of the Kirk of Scotland. 8. Rome as it was under Paganism, and as it became under the Popes. 9. Letter of the Bishop of St. Brieue. 10. Catholic Monthly Correspondence and Intelligence. London: C. Dolman, 61, New Bond-street; Cumming, Dublin; Stevenson, Edinburgh; Booker, Liverpool; an 4 all Booksellers. T HE DUBLIN UNIVERSITY MAGAZINE for ➢fAY, price 2s. 6d., contains:— THE BLACK PROPHET. A TALE OF IRISH FAMINE. BY WILLIAM CARLETON. Pearce's Memoirs of the Marquis of Wellesley—The Witch of Kil kenny. From the Kishoge Papers—lreland Sixty Years Ago, Third Article —The Kingdom of Dal key—TheVisitation of 1798—Lord Clare's Funeral—The Gibs' Parliamentary Privileges —Trial of Tiger Roche —Hood's Poetical Works—Persius' Prologue to his Satires—David Hume's Life and Correspondence. Second Article—Our Portrait Gallery. No. XXXVIII. Sir ,Martin Archer Shee, P.R.A. With an Etching—Ceelebs in Search of a Bed—Ringwood's Theoeritus— Social Condition of Ireland. Bryan Seery. Dublin : James M`Glashan, 21, D'oller-street ; W. S. Orr and Co., London ; and all Booksellers. Of whom may also be had, The FORTUNES of TORLOGN O'BRIEN. A Tale of the Wars of King James. No. 11. With two Illustrations by Phiz. Price Is. On the Ist of May will be published, price 65., THE BRITISH QUARTERLY REVIEW. No. VI. CONTENTS:- 1. The Priesthood of Letters. 2. Kosmos —Astronomical Science. 3. Oxford and Cambridge—University Reform. 4. Festus: a Poem, by Philip James Bailey. 5. Non-jurors and Tractarians. 6. Letters of Royal and Illustrious Ladles. 7. Annals of the English Bible. S. Journalism in France. 9. Dr. Whateley and the Evangelical Affiance. 10. Criticisms on Books, &c. &c. London : Jackson and Walford, 18, St. Paul's Churchyard ; and Simpkin, Marshall, and Co., Stationer's Hall-court. Edinburgh : J. Johnstone. Glasgow : J. Maclehose. Dublin : J. Robertson. UNITED SERVICE MAGAZINE' and NAVAL and MILITARY JOURNAL, for MAY. CONTENTS : Our Tribute to the Army of the Sutlej. Latest Legend of Lampedusa. Historical Account of the Battle of Leipsic. The Emperor Nicholas. Goethe, or the Campaign► of 1792 in France. Memoirs of an Old Sailor. War of Succession in I ortugal. On Military Instructions. By Colonel Firebrace. My own Recollections of the River Plate. By Jonathan Oldjunk. Englishmen in the Russian Service—The Fanshawes. Attack upon Soult's Rear Guard at Seville, in August 1812. Guernsey and its Lieutenant• Governor. Brevet, Purchase, and Retirement. Ship-Building Controversy. Battles on the Sutlej. Perpendicular System of Fortification. Mariner's Lamp. Egyptian Campaign. Promotions and Appointments—Official Dispatches from India— Stations of the Army and Navy—with all the Professional News of the Month. H. Hurst, publisher, 27, King William-street, Strand In Twenty-one Volumes, Quarto, illustrated by 506 engravings on Steel, and many Thousands on Wood, THE EN CYCLOPEDIA BRITANNICA. Seventh Edition. Edited by Professor NAPIER. . _ _ _ An Index of 68,000 References, compiled with great industry and judgment, is appended to the work, forming a ready key to its mul tifarious contents. 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Also, companion to the same, price Is., by post Is. 6d., CHASTITY; its ABUSES and DISEASES (72 Engravings.) These two interesting little volumes are not Intended for idle or In discriminate perusal, but they are earnestly offered to the attentive consideration of those who may be more legitimately and perhaps painildly interested. Sher Wood, 23, Paternoster-row; Carvalho, 147, Fleet-street; Mann, 39, Cornhill ; and all Booksellers, or direct from the Author, 21, Arundel-street, Strand. At home daily till 2 ; Evenings 7 till 9. LORD MAYOR'S COURT. (Before the REcoßDzw.) THE FREEMEN AND NON-FREEMBH OF THE CITY OF LONDON . -THE CHAMBERLAIN OF THE CITY OF LONDON V. STURT AND OT ERN. The proceedings in this important case, which was before the Court on Monday last, were resumed to-day. Our readers will recollect that the case came before the Court upon an action brought by the Chamberlain of the City against the defendant, who is a wholesale warehouseman, carrying on business in Fore-street, to obtain certain penalties to which he had subjected himself by reason of his carrying on his business in the City without taking up his freedom. The whole of last Monday was occupied by objections taken by the counsel for the defendant to the jurisdiction of the judge, the manner of summoning the jury, &c. This morning, on the Recorder taking his seat, Sir THOMAS WILDE said, that on consideration the plain tiff had deemed it prudent to put in a counte r pl ea , s t a ti ng under what circumstances the j ury panel had been returned, and it would be for his Learned Friend, the eounsel for the defendant,' to take issue, if he chose, upon the statements contained in it, and the facts must be tried ; or if an objection were made as to the legality of the proceedings, that might be argued as a demurrer on the point of law. But he did not anticipate that his Learned Friend would do so4upon any one of the facts stated in the counter plea,because:he believed that they wereall duly and . correctly stated. If, however, bis Learned Friend chose to demur, the point might be argued, and his Lordship having given his judgment thereupon, they might proceed with the trial of the merits of the question. He (Sir Thomas Wilde) wouldltherefore counter plead to the:challenge of his Learned Friend, and would contend that the panel of the jury was a true, perfect, and impartial one, and that the jurors who had been returned had not been inserted in the panel with any reference to the present or any par ticular case, but generally . to try all cases that might arise during the period in which they were liable to sit as jurors in this Court. He would contend that the list was regularly made out in pursuance of a bye-law passedby the Court of Common Council of London, the validity of which bye-law he apprehended would not be gainsaid. If his Learned Friend objected to the validity of that bye-law, the point would have to be argued on demur rer elsewhere. lie concluded by handing in his counter plea on parchment, and by giving expression to a hope that his Learned Friend would state what course he intended to pursue. The Soramton-Gnivintaz.said, he presumed that the coun ter plea contained a correct statement ofthe manner in which the panels were returned. He would of course dem ur t o th e counter plea; his Lordship would have to say whether that demurrer was a good one, and if he decided in the affirmative, that fact would appear upon the record, and they would then proceed to the merits of the case. The Clerk of Arraigns then read the counter plea, which averred the points mentioned above in the remarks of Sir Thomas Wilde; after which The Sotacrron-GnifEnAL said there must be an error in the counter plea with reference to the number of individuals qualified to serve as jurors in this Court. The counter plea averred that the names of all parties in the ward of Cripple gate who were qualifi e d to serve had been duly returned, but the number of those persons wasonly twenty-four, which he apprehended was far from being the entire number of gen tlemen qualified to serve in the ward in question. He had no doabt that, as far as the impartiality of the case was con cerned, the averment was strictly true ; but the question was, whether, in accordance with the supposed custom, the whole of the names qualified to serve had been returned ? He found that for the two branches ofthis ward, viz., Cripplegate Without and Cripplegate Within, only 44 were returned as being the entire list of individuals qualified to sit in the ury -box of this Court. He apprehended that the averment was not in accordance with the fact. Sir T. WILDE—That is our belief. The SoLacrron-Gnxnnarr—Well, I should think that that cannot be. The RECORDER, was also inclined to doubt the truth of the averment. The SOLICITOR-GENERAL wished to know what was the qualification necessary to act in the capacity of juror in this Court ; for he assured his Lordship that he was as ignorant of the proceedings of the Court as he was on the day when they last met. Cripplegate Without was much larger than Cripplegate Within, and yet twenty-four jurors bad been returned for each branch. The counter plea stated that all the parties that had been qualified in the Ward of Cripple gate had been returned to serve in this case. Now he very much doubted whether that document could be true, and he would, therefore, demur to the counter plea. Perhaps Mr. Alderman Challis (who then happened to be sitting on the bench) would inform him whether there were no more than twenty-four qualified to serve in Cripplegate Ward. The RECORDER—His mouth is shut at this moment, be cause, although this stated to be the Lord Mayor's Court, yet the proceedings are carried on before his deputy, and it is not customary for the Lord Mayor or the Aldermen to take part in the proceedings. The SoLicrron.GminnAL—They say in the counter plea that they have conformed to custom, and did return the " several persons qualified to serve as jurors in the said ward," but we say they did not. The RECORDER said, even in the event of all the persons so qualified to serve as jurors having been returned, it was possible there might have been some who would have been unable to serve from various causes. The plaintiffs might have said " the several persons so returned to serve as jurors," and so have got rid of any ambiguity in the wording of the plea; or " the several persons returned in obedience to the Act of Common Council." The Soracrron-GErnaaAL said, if this were done by an Act of Common Council, as he maintained it was, then the par ties returning the said jury, and the jury theaiselvea, were " unindifferent." The RECOXIAER—Tha,.. ..,.. another maafj ,, n w rad. IP: Learned Solicitor-General would no doubt rg this would give Act of Common Council was legal ? But Then as the state of the rise to another question—namely, what wasf passedthe Council, and did not come It was, however, an " a t '? bye-law." under the definition of mut— There might have been a bye lawThe SOLICITOR. GEN law when this bye-law forth that the persons to serve of the Council, setting turned by persons who were not should only be re by the w Common Council? on juries shou ..t his duty to make would not have been which he had felt i However, the objections and demurrers, made if it had been City. However, clearly set forth that no portion of the penalty sought recovery, go into the pockets of theCorpo :obe recovered from the :defendant would, of London. ration of h reminded the Solicitor-General that the The RECORDER in freemen t he e v o et f n t te h o e cfi C ityt i City had the government of its local matters in its own hands, Count, however, was not and that the Common Council were empowered to pass laws for its better government. This simply one for the trial of matters solely relating to the City, y, not unlike the old Court of Exchequer, with but this difference, that it was not com petenta court of equit The SamecTrou-GENEBAL said, no doubt,the old Court was of an original and public character, but he • maintained that the Court was exclusively a City tribunal, presided over by l i ut ac t f u o a l r 1 it y t w to as grant injunctions. - a City officer, and a jury. composed of freemen of the City. His Learned Friend had intimated to him that he abided by the counter plea, and did not intend to amend it in accord. ante with the arguments he (the Solicitor-General) had ad in preparing the vanced. He should take issue on that plea, and hand in a replication. During the interval occupied replication Mr. RAIMALL read the prec9pt issued by the Lord Mayor to the Aldermen of the various wards for electing the various officers and juries for the year, which set forth that they should return all the names—. surnames truly written" —of such persons competent to serve as petty juries. By these precepts, it appeared that the Aldermen were required The RECORD= said the Aldermen did not make the return. to return the nameasoofatimiptertaohnens so pr q o u e a e l e i d fi e e d d t t: Mr. RARDALI,--13 1,1 t he summons the inquest who make s r e e r p v l e y . t o the the return. The SOLICITOR-- counter plea, on which he should take issue. He then read the replication, which set i forth " that the names and sur names of all persons dwe ling in the said ward of Cripple.. gate, qualified to serve as jurors M the said ward, therefore, the defendant puts himself on the have not been annually returned in proper manner and form, and that the names of the .Jurors in the said challenge were not returned fairly and impially in the said manner Sir TROXAs WILDE demurred to the replication, the sub panelthatthe of which was , had not been returned stance the custom set out in the counter plea. After aecording to . in order to • avoid any ambiguity, he said reading the replication, that that the defendant alleged the names of the jurors in the saidchallenge were not returned fairly and impartially accord ci tom as in manner and form set forth in the, alleged, and, lea lie demurred to this —lie demurred to it be p • counteroit Ras a departure; and an Attempt to put in st - dittbrent ing to the sal cus 2 FOURTEENTH EDITION of the SILENT FRIEND on Human Frailty, with Coloured Engravings. of the rtehperordnfirraluctlveti Just published, price 2s. 6d., free by post (in a Sealed envelOpe) 35.6 d., effects of indulge- ce, &c., THE SILENT FRIEND ; a Medical Work on p es ow or en th . e v7 ll; th yste m m eari l n . boofthsexes; restoration.on d Th on e th b e an l e o fti ss i followed by observ are ati fali ons y o 19 P A b E li n sh w ed Eu b s y_ s th T e R &ut T h , 0 0 rs xF , and on p n o m inte ar d ria o g u e t . . Illustrated by En gravings; V It and L. 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That challenge stated that the panel was returned by two ward inquests, and at the time the said array was so ieturned and made the Aldermen and divers persons electing the said inquest, and each of them, and free • men and citizens of the City of London were interested in the subject at issue. The challenge was made, therefore, on the ground of want of the qualification of those who made the return, but the replication to the Counter plea sought to raise a question not stated in the chal lenge, whether the persons who made the return were by law authorised to make it, but whether they made it in a proper manner, and that they made such return unfairly and partially. The SOLICITOR-GENERAL joined in the demurrer. The demurrer was then read. The RECORDER said, then he understood that the demurrer Was on account of the persons summoning the jury, and being consequently themselves interested in the inquiry. That Sir T. Wilde's replication was, that the jury were summoned according to the usages of the City. to which an answer was made, that although allowing the parties to be jute•. rested, the returns were improperly made, and se became invalid. Sir T. WILDE then proceeded to address the Court, and said that he conceived that the allegations of his Learned Friend must fall to the ground, inasmuch as there was a difference between the terms of the challenge, and those of the counter plea were different in substance to each other. Now, what was the case? The allegation, in the first place, was, that the parties who had made a return were objectionable. It was stated that there was an objection to the return being made by the in quest ; and when it is replied that the return can be made only in this way, and in no other, according to the customs and bye-laws in the City, it is again answered that the duty is now done by parties who could be impartial in its fulfilment, inasmuch as the parties who made this return were incapable of making such a return so as to satisfy the equity of the case. Between this chal lenge and this counter plea, then, there was in reality no difference whatever. It was never de nied that the parties who were to make the return were the ward inquests, and it was impossible, there., fore, that any objection could be made to the parties who were called upon to make this return, and who, in fact, did 'snake the return ; and the objection now made, therefore, was totally unfounded. It was allowed on all hands that the several ward inquests, under the direction of the sheriff, and by the authority . of the aldermen of the several wards, were the only persons who could return jurors, and thus it was shown that the return had been made according to the laws of the City. The law of the City was a part of the law of that Court, and conse quently, strictly, the rule by which this cause must be tried. Then, again, it was objected that the parties making this eturn were free citizens, and it was complained that they could not be indifferent peak& Now it should be recollected that the parties to this return were not acting in their perso nal or individual, but in their corporate capacity; and, there fore, altogether, in plain truth, unaffeoted by this challenge, and, if so, quite competent to try the issue of this question. If it were necessary to adduce further reasons, he adduced the bye-laws to show that the Corporation could act in no other way than they had done, and were consequently quite unaffected in their corporate capacity. Now, what was the amount of the counter plea? Why, that those in dividuals who had made the return made it improperly, and thus, whether they were the persons who should make the return of the panel. Sir Thomas Wilde then went over the ground again of the laws and bye-laws, and then pro ceeded to argue that the challenge and the counter plea were really in substance the same, and that the pleading, therefore, was bad, and consequently inadmissible. A plea to be admissible ought to be apt, con sistent, and perfect, and this was also the case with respect to a counter plea. Bat in the present instance, no new matter had been brought in the counter plea than that which bad been allegedin the challenge; the objection, therefore, fell to the ground, and his Learned Friend must, he conceived, be compelled to recur to his original challenge. The SOLICITOR-GENERAL understood that his Learned Friend alleged that his objection fell to the ground. Now what was the real state of the case at the present mo ment ? It was stated, and stated truly, that the returns of the several panels were to be made by the Alderman and the inquests of the several wards, assisted by certain other per sons whom he had challenged IR the first instance as being parties, who, as being free citizens of this City, were interested parties, and, therefore, net unindifferent persons. Such was the substance of the challenge. But his Learned Friend had entirely misrepresented the substance of the counter plea, for it went on quite a different set of facts, and al leged beyond the matter of the challenge that even if the parties who made this return were the right parties to do it, it had yet been improperly made. The Aldermen and the inquests of the several wards ought to make the returns. It was on these returns that the panels were founded, and he contended, in the present instance, that the returns were insufficient, and the panel was consequently imperfect and incompetent to try the case. They had not duly set forth the return of the panel, and he contended that if he demurred to the counter plea on that ground, he did not make a departure from the point at issue. Such a course was regularly taken in the proceedings of the courts of law. Let his Lordship take the case of a common assault. The plaintiff charged the defendant with having assaulted him, and the defendant admits that he had assaulted the plaintiff, but he pleaded by way of justification that the plaintiff had assaulted him in the first instance, to which the plaintiff might reply, " I did not first assault you," and thereupon issue might be joined, and the point t o b e tried was, not whether the defendant had assaulted the plaintiff, but whether the plaintiff had assaulted the defendant in the first instance. And surely it would net be said that in those proceedings there was any departure, for proceedings of that sort were of common occurrence in the various courts of law. And what was the difference in the particular case before his Lordship? He apprehended that there was no difference whatever. The RDCORDER—Am I to understand you this, that their counter plea alleges a fact which is the foundation of the law as necessary to your challenge, and that you take issue upon the truth of the fact so alleged? The SOLICITOZ-GENERAI answered in the affirmative ; but he must beg his Lordship not to suppose that he was arguing a new ground of challenge. He had already stated a good ground of challenge, viz., that the persons who had made the return were not unindifferent. The answer to that challenge was—" That is ♦ery true, they are unindifferent persons ; but, although that is so, the return has been made in accordance with a custom that has prevailed from time immemorial." Sir T. Wlum—We do not admit that they are unindiffer ent persons. The Soucrron-GENERAL hoped his Learned Friend would reserve his observations till his proper time for addressing the Court. He apprehended that, although they did not in as many words admit the unindifferency of those who made the return, yet as they had not denied their disinterestedness in the counter plea, he maintained that as the challenge im puted their unindifferency, and they were silent on that head in their counter plea, they did in substance, and in point of fact, admit the charge. It was invariably the rule that where a plaintiff did not deny the averments of a defendant, he did in fact admit them. The counter plea in this case was what was called a confession and avoidance; the plaintiff admitted the allegation of the defendant, but he maintained that the proceeding was le galised by a custom from time immemorial. Now to that answer he gave a complete and direct denial; he maintained that they could not protect themselves by any such custom. The question, therefore, that would have to be tried, if the defendant's answer to the counter plea were allowed, would be not the unindifferency of those who had made the return or the jury, but the validity of the custom pleaded. And he apprehended that if the defendant's answer to the counter plea of the plaintiff were allowed, there would be no departure And now, to come to the great question before them, he would admit that his Learned Friend had a perfect right to say "We have joined in the demurrer upon the question presented in your replication ;" but his Learned Friend had said that the replication was bad in point of law. He (the Solicitor-General) would " remount" and impugn the counter plea of the plaintiff as bad likewise, and he appre hended that he was entitled to the judgment of the Court. He alleged that the return was made by indifferent persons, viz., the aldermen and inquests of the wards; and he main tained that it could not be said in reply to his objection to their unindifferency that the proceedings were in accord ance with an immemorial custom. He maintained that, by the law of the land, no freeman of this city could act as a juror on a case in which the City of London was interested. In sup portd of his argument, the Learned Gentleman then procee de d to quote the case of Easthope v. Braddock, 3 Burrows , in which the defendant was sued by the cryora o t n ion his Chester for having (as in thishe cit y of carr ied without L r atring w g i iriou t s i ry ipt;r4chased of t the freedom of that city. The defendant objected to all the proceedings, which were precisely similar to those of the present suit, and on the case being argued in the superior courts it was de cided that the corporation could not plead a custom in sup port of their illegalities . ; and when it was urged that if the sheriff and coroners of Chester could not return juries for the trial of such cases, the reply of the judges was that that was the fault of the corporation themselves; and so in the pre sent, if by the decision of the law, which prevented interested parties participating in a case in which they were interested, the Corporation of London could not return a jury for the trial of these actions, it was entirely their own fault. They made these cases triable in their own court, in which their own laws prevailed, and to which the ward inquests only were empowered to return the juries who would have to try them. If they chose to make a law, giving themselves a share in the penalties to be recovered and make them only recoverable in their own courts, in which they themsel ves appear to demand th ese penalties, they were indifferent, and therefore incompetent to try cases of this nature. It was objected that they were interested, and that no trial could be made, because it would be tried by themselves, for it was only by aldermen of the City of London that juries could be returned. The RECORDER—It is an oldish law, made 240 years ago, when Sir Henry Montague, afterwards Chief Justice of Eng land, was Recorder. The SOLICITOR-GENZRAL said, he need not tell his Lord ship that time would not validate that which was bad. It was not every one who had spirit, patriotism, or money, to enter into a contest with the City of London on the subject. It happened that the defendant, Mr. Sturt had, and therefore, it was that his Lordship was now called on to decide the question. The RECORDER inquired how it happened, if all the points had been decided, as stated by the Learned Solicitor- General, that the Queen's Bench sent them invariably for trial in that Court ? The SOLICITOII:6EVERAL said the Court of Queen's Bench had invariably and wisely abstained from giving decision on the question on the motion for a procedenda, in order that it might be put on record, so that the parties, if they thought proper, might ultimately appeal to the highest courts in the country—which parties, from their poverty or other causes, had been unable to raise this queston. He should ask his Lordship to decide this question. The RECORDER said the City of London was different from other corporate bodies in the country, because it had within itself the power of administering the law, and the making of laws, which had from time to time received the sanction of Parliament. _ _ . The SOLICITOR-GENERAL said he was one of those who hoped that that transcendant power of the City of Lon don might last for ever; neither did he wish to see its institutions placed on the same footing with other cities in this country, nor to see it pl ace d ander the management of the Municipal Corporations Act. But he wished to impress on his Lordship that if it was held that the City of London, with all its power and privilege, should retain the power and privilege of trying cases in a court that involved the subversion of the very first prin ciplea of the administration of justice, he thought that PRICE SD. that power would not last lon g . I t was true those powers and privileges of the City of London were greater than those of any other city in Europe, but he apprehended that this was no argument at all i n support of the practice of trying their actions in their own cou r t s , and deciding penalties, and determining whether parties were liable to pay them or not. Sir T. WILDE then read the cases of Chamberlain v. Phil lipps, and Chamberlain v. Andray, which were similar to this case, in which it was ruled by the Recorder that the challenges against the array, on account of unindifferency, must be set aside, because for two centuries similar cases had been tried in this Court, and because the objection had often been taken before, but had never prevailed. It was how ever, sometimes the practice to disfranchise witnesses who were freemen, in order that they might give evidence as non -freemen. The SOLICITOR-GENERAL said the principle was as appli cable to juries as to witnesses, except that it was of tenfold importance with respect to those constituting juries. l'he RECORDER said that was saying that we ought not to have the means of local redress. The SOLICITOR-GENERAL said he did not mean that—he meant that the penalties ought not to go into the pockets of those who were the ministers of justice. The RECORDER —Are you right in your distinction ? The SOLICITOR -GENERAL—What was the distinction ? Were not the citizens and aldermen, part of the city? And if the penalty was recovered, would it not belong to the Cor poration? The RECORDER asked if persons in qui tam actions did not sue for themselves and the Crown? Into whose pocket did the penalty go? Sir T. WILDE—By law it will go to the Crown. Tho SOLICITOR-GyoutaL—lt does not go into the privy purse. The RECORDER said the aldermen sat in that court in a different capacity than when they sat in the Common COun cil, as they sat here in their executive capacity. The money , did not go to them, but was devoted to public purposes. The SOLICITOR-GENERAL said they expended the money at their discretion. He had so lately enjoyed the splendid hospitality of the City of London, that he would say no more. —(Laughter.) It went to the revenues of the City, but is applied to purposes in their discretion. The RECORDER—You are quite mistaken if you suppose that the Corporation paid for the dinner of which you partook the other day.—(Laughter.) The SOLICITOR-GENERAL read the opinion of Lord Ellen borough, on a motion for a procedenda in a similar case, which set forth that for two centuries and a half it had been the custom to try questions of this kind before recorders in all courts in the kingdom, and to remove them if necessary to a higher court. The RECORDER said his opinion showed that it was the intention of Lord Ellenborough that the case might go to a superior court, and be sent back again. The SOLICITOR-GENERAL would be glad if his Lordship would give such a decision, and also decide pro forma on behalf of the demurrer. The RECORDER said he was prepared to overrule the challenge. He was quite prepared to put the case into the fullest and best course of inquiry. It was arranged that this should be put on the record, and this exhausted the argument for the challenge, and it ac cordingly was about to proceed, when the Recorder stated that he did not intend to overrule the case cited, to which the Solicitor-General asserted that he understood it was done provisionally. The RESORDER suggested that twelve should be selected who were not freemen. The SOLICITOR-GEIfERAL inquired what course the counsel for the City wished to pursue ; and it was ultimately ar ranged that the first juryman, Mr. Thomas Jenkins, should be challenged, on the ground of being a freeman and there fore an interested party—the same objection to Mr. Henry Fenton, Mr. Pyeman, Mr. Roberts, Mr. Edmonds, An d others of the jury, to the number of eleven, pro forma. Thijuiy - were then sworn, and Mr. HILL then opened the case, which was an allegation against the defendant of acting as warehouseman, dealer, and chapman under five counts, all differently putting the matter, without being free of the City, thereby subjecting himself to the penalty.of 51. for the offence. Sir T. WILDE then proceeded to say that the apparent count was that which had been just stated at the suit of the Chamberlain of the City of London, but which was really instituted to ascertain whether gentlemen carrying on busi ness in the City should be compelled to take up their free dom. The jury were aware that in all the affairs of life the authorities were obliged to proceed on general rules, which, it must be allowed, were not sometimes applicable to the justice of each particular case. It was the necessity of abiding by these general rules which had obliged them to occupy so much time on the preceding day and on this day in arguing the proper mode of abiding by them, and ascertaining whether the panel had, in the first place, been properly made; and, secondly, whether the gentlemen who were brought to try this cause were properly brought there. There was no intention whatever on the part of the counsel on either side to allege that there was partiality whatever, either in the jury or the several officials who had been instrumental in bringing them together, but their object was to ascertain whether, in a great question like this, a bye-law, passed many years ago, and which might be perfectly just at the time it was passed, was applicable to this case. If, consistently with this bye-law the cause could have been tried in another and a foreign court, much of this objection would have been obviated, but such could not be, as this was the proper court, in consequence of the judge being acquainted with those facts which would elsewhere have to be proved in evi dence. The real question was, whether gentlemen of stand ing respectability and considerable wealth should partake of all the advantages, legal, social, and otherwise, with out searing part of the expenses which were necessary to secure these advantages. All knew that it was of the utmost importance to the Corporation how it was consti tuted. In times of the utmost distress the voice of the Corporation had been loudly raised, and constitutionally in fluential, and even in periods of great doubt and difliculty, the Parliament itself had even flown to the City for refuge. If they were to look to the lists of the nobility and of other corporate bodies, they would find a large portion to have sprung from the Corporation of Londom ; and if, then, the wholesale dealers and other respectable residents in the City were to refrain from taking up their freedom, a great advantage would be lost to the Corporation. Then, if they were to look to the several causes of the expenditure, they would see another sufficient reason. The police, the criminal juris dictien, the watching and the lighting of the City, were ad vantages which were partaken of by the non-freemen as well as by the freemen, but the bulk of the expenses were borne by the City. Now was it fair that these benefits should be enjoyed by parties who did not contribute to the expense? To constitute such a principle would be altogther contrary to justice. He was aware that it would be alleged that the wholesale dealers were entitled to be exempt from these expenses. But the ground for such an allegation was altogether untenable, and although he was not going to make a parade of ancient learning, yet thus much he might advance, that in the olden times, when the trade of this City first arose, every . individual enjoying the benefit of its commerce, entered into what was called a " frank pledge," by which they were bound to support each other and bear their share of the expenses. The usages of that day had passed away, but the thing itself remained; trade was still carried on ; common advantages were enjoyed, and common expenses had to be borne ; and it was not because there was now a class called wholesale dealers as well as retail dealers, that the principle was in any way negatived. New forms had arisen, upon which it would appear that by the ancient law no foreigner, that was to say, a person who had not purchased the freedom, could sell goods within the limits of the City, because it was supposed that the interme diate profit of the middle-man, who bought and sold, would prejudice the trade of the City of London. A variety of re solutions were consequently imposed to prevent the in jury of the City trade. He could Rot acsertain at what period those resolutions were created. The word " wholesale" at that time meant a man who brought his goods to the City and sold to the citizens in the bulk ; who, in fact, sold his bale, box, or parcel, without opening them. That word had been main tained to apply to such a gentleman as brought goods from Manchester, Leeds, and Bradford, &c., and sold his bales, &c., entire, but such as opened their boxes or bales, and sold the contents in parts, were said to be retail traders. As soon as the bulk was broken the goods were said to be sold by retail. The wholesale trader was compelled by the bye-law to contribute two portions towards the preservation of peace, &c., by purchasing his freedom. The object of such a law was beyond all doubt that all who receiveg the benefit of the government of the City, an whose interests were protected by that bye-law, should fairly contribute their proper share of the expense of carry ing on the government of the City. In ancient times these corporations were of the greatest importance. They were most essential to the preservation of civil and political liberty. To the existence of those corporate bodies it was that we owed one of our most valuable privileges. They constituted a bulwark for the pro tection of our liberties. The history of the Corporation of London was lost in its antiquity. Nobody could tell when the Corporation o f L ondon did not exist. It had ,been found to e x i s t i n the earliest period to which the mind could revert, and no doubt was cre ated either by th e C rown or by the Parliameiit—by whatever name, whether Wittengernote, or by any other name, or probably it existed even before the creation of the Parliament, as it is at present constituted. Its antiquity had been acknowledged and recognised from all time immemorial ; it was admitted even by Acts of Parliament. What was the date of the bye-law for the infringemnt of which the defendant had been now brought before the Court nobody knew. If it were impeached, they might as well impeach the most valuable rights passed by these corporate bodies—they might, in fact, as well im peach the Parliament itself. They found the Corporation of London had power to enact such bye-laws as were found ne cessary for the government of the City, and it would be per fectly useless to talk of their ancient customs if they had not i the power to mak e suc h by e -l aws . Th e b ye -l aw n.:ques tion provided for several things—it prohibited the show ing and exhibiting of goods for sale, ter retail, by a party who was not a freeman of the City. The bye-law began by recit ing, that whereas by ancient charters, customs, and fran chises, and liberties of the City of London, and in conformity with sundry Acts of Parliament, any person not being a freeman of the City of London should not be allowed to sell or put to sale, as wares or merchandise within the City, by retail, under a penalty of 51. for every day he should presume to carry on his trade. The allegations were to the effect that the defendant, not being a freeman, did use a certain trade within the City of London, that was to say, the trade of a warehouseman, dealer, or chapman. The defendant, who was highly respectable, and carried on a most respect able trade, admitted the charge, and he (Sir Thomas Wilde) had no idea as to the defence which would be set up by his Learned Friend. The SOLICITOR-GENERAL wished to know from his Learned Friend whether he intended to proceed with all the counts? _ Sir T. WILDE said he did, but it was not intended to en force any more than one penalty. The SOLICITOR-GENERAL said that he should like to have the assurance set forth ou the record. Sir T. WILDE--I will do it, is not 11 The defendant at a if the defendant is a l armed. The SOLICITOR GENERAL — alarmed. Sir T. WILDE continued by reading all the vario us counts, remarking that, as his Learned Friend would not be a b sent if a loophole presented itself—( hte if—(Laugr)—he was deter mined to proceed on all the counts, but there was no inten tion to enforce more than a single penalty of five pounds. The fifth count stated that he occupied a warehouse iii the City of London, and there exposed goods for sale. These were the several charges. It was agreed between the parties that the defendant carried on the business of a warehouse man at No. 90 and 91, Wood-street, and that he sold cotton, line; Tc 9911% And 9thez manttfuturecl goods, which war purchased from manufacturers in Manchester, Sceifidictii - ct other places; that he received them in bales, which were opened and exposed to parties wishing to purchase them; that these goods were purchased on the usual terms — namely, a credit of two months, or a discount of two-and-a half per cent. for cash. These were the charges, and it was specially provided by the bye-laws of the Common Council, that persons came within the category of " freemen," if they_ carried on any "art, trade, occupation, handicraft, or mystery, in the City of London. Now, he maintained, that this was clearly proved, because he exposed his bales for sale, and employed clerks and others to assist him in his business. These provisions were made in order that parties, who carried on retail trades, such as he contended was carried on by the defendant, might contribute their fair proportion of the charges of the City. " Botchers, tailors, and cobblers,' were excluded, because they did not purchase or sell by-retail; forinstance, a tailor sold you a coat, but did not sell the bales of cloth from which it was made. This was done that a certain class of persons, who at the passing o f th e law were not, p er h a p s , i n a fit condition to take up their freedom, might be excluded from the responsibility. Now what was the difference between the dealings of a mercer in Cheapside, who sold a piece of cloth, and a warehouseman next door, who sold cloth in a bulk, and who would not sell it in pieces ? Practically there was no difference. Besides, their property was guarded by the police as well as the property of the retail dealer; and why should they not pay their share of the expense of supporting the police, and to the other expenses of governing the City? There was no reason why the retail dealer should contribute his share of those expenses, and why the wholesole dealer should be exempt, for the one just as much kept a shop as the other. He therefore submitted to his Lordship and the jury that the defendant came within the meaning of the clause, that he could be compelled to take up his freedom, and take his share in the various offices which freemen were called upon to ffil,and that the plaiatiff was entitled to a verdict on each of the counts. _ _ _ The SOLICITOR-GENERAL then proceeded to address the j se t r h e e h d n e t fe t n w d e an ti t n . es t H i e e n s a f g e r r e e t dh the w r t h y. h t s o d L e o e r i dde uhri y p o t h n a b t e t h h a e l r f e o w f .—mrfi srt —first, within theoftheerthetrade fin warehouseman, in theeman,a hyseae.rriine:r; lon au b d y , secondly, whether the trade or occupation of a warehouse man, as described in the admission handed in, was a trade or occupation within the meaning of the 3d bye-law, which set forth that wholesale traders should be exempted from taking up their freedom. Before entering on those questions he should feel it neces sary to enter upon that topic which had already occupied so much time, and to which his Learned Friend had adverted. It was scarcely necessary to say, that he had not the slightest intention of imputing improper bias to the jury adjudicating upon it, for the Learned Judge was aware, that he believed that the of an improper bias as the :11.1e1rneclvdu'Isd as e little capable came here to try only whethe r a trader must question the assertion of g himself. carry B on ut h h i e l his Learned Friend that they business in the City of London before talon carcry ld up his for they came there for another purpose —that-of freedom,aseertsus ing whether such a system as that which was sought to be introduced into the adjudication of this of , was not recognised by any other portion of the realm of England. It was the boast of this country—and long might it be so—that no person was allowed to interfere with the administration of justice who was in the slightest degree interested in the result of any particular case; and he did not hesitate to say that the bye-laws under which this case was brought was a blot upon the whole administration of the justice of the country. By the enactment of this rule the corporation of the City of London levied, without the authority of any other law than that which they them selves had instituted, a penalty upon any of the Queen's subjects who might come into this City to carry on their business, and this penalty was to be levied for their ewn particular benefit. It was alien to the law of Eng land that any person should interfere in his own case, and yet here did the Corporation of London come into their own court to try this case before their own judge, and, by the instrumentality of a jury impanelled from among their own body, for the purpose of putting money into their own pockets. If such a principle were to be admitted, there would at once be an end to the purity of trial by jury. Supposing the case were to be their own —supposing it were an exception to a bill of exchange, how would they like to have the cause tried by a set of individuals who were directly interested in a verdict against them? It mattered little what might be the sum, for it was of no conse quence whether it were 51., 5001., or 500,0001 ; for if the principle were once admitted, it broke through every principle of the law of England. He had already had occasion to observe that the Corporation of the City of London were placed in a peculiar position, and he wished, with every sincerity, that the Corporation might long con tinue to possess those immunities and privileges which it had so long enjoyed. But if the effect of those privileges was to infringe the grand principle of the law of England, by the existence of such a bye-law as this, he trusted that it would not be long before it was placed tinder the same regulations as other parts of the kingdom. The Corporation of the City of London was placed in a different position from every other corporation, inasmuch as the Corporation was not compelled to apply the funds, into which it came into possession, to, for instance, the im provement of the town, but might be applied to any purpose, whether of a dinner or otherwise, which in its ca price it might ch oose . I n ma ki ng these observations he was anxious to show that he did not in the slightest degree impute partiality to them, because he was anxious to put that upon the record which would unquestionably arise before a superior court, and which was certain to be raised if it came into consideration before the House of Lords. He would now turn to the questions of which he had spoken ; and the first was the charge of keeping a warehouse. It should be remembered that in all Acts involving penalties the clauses were to be construed strictly, and this he begged particularly to put before his Lordship. The Learned Gen tleman then went into a definition of the term " a retail dealer," which he described as intimating a person who kept a shop where goods in small quantities were sold, and stated that the word cam e from the Italian word ref tinier, to sell by cut, or to sell and cut again, as was the case where a yard of muslin or woollen cloth or any other small portion of goods was sold. This was expressly explained by the statutes themselves, the differ ence between retail and wholesale dealers having been ex pressly recognised, and cited the 2d Richard 11., chap. 1, in which the difference was expressly explained. That statute provided that all parties might freely sell in the gross all sorts of goods in the City of London, as well as all other ;cities and towns in the realm of England, but not by retail. The statute clearly said, " You may sell by the bale, you may sell by the piece, but you shall not sell by retail." Why, if there were any distinctness in legislative language, it was in the very statute which to had quoted. If the Legis lature were called upon to declare in express and clear terms what was the line of demarcation between dealing by the gross and by retail, it would be impossible for them to use clearer and more distinct language than was used in the statute of Richard 11. He had showed that the defendant imported or received manufactured goods from Manchester and other places, and sold them in bales entire. There was no cutting or sub-division of his goods within the terms of the bye-law. They found by the statute of Richard 11., cap. 1, that all parties, without any let or hinderance, were permitted to sell goods by the entire piece. The bye-law in question was said to be of very great ;antiquity, being made two hundred and forty years ago, it must have been founded on a custom, which custom, to be good for any thing, must be from time immemorial. But we had the statute of Richard, which declared expressly that no such bye-law should have force either in the City of London or an other corporate town or city in En g l an d. The RECORDER—There are other statutes in reference to this question. The SOLICITOR-GENERAL said there rare, but none bearing so directly upon the question:as that which he had quoted. The case of Waggoner r. Fish, which was generally called the London case, might also be quoted. It appeared from Barnewall's report of the case, page 287, that the Recorder of London, in giving his judgment, said it was clear that a merchant who sold his goods entire was not compelled to become a freeman of the City for the purpose of carrying on his trade, but that those who sold by the yard or by retail were liable to the operations of the bye-laws ; and, therefore, that being so, there was no room left for argument in this case. The RECORDER—Then you contend that you have brought yourself within the description of the Act of Parliament. The SOLICITOR-GENERAL—No, my Lord, I say they have not brought us within the description of their bye-law; and I submit to your Lordship it is incumbent on the plaintiff to do so if he is to succeed in his prosecution. The RECOIDEE—He shows that the defendant sells by retail. 1 The SOLICITOR-GENERAL—Yes; it is not for me to enter into the variety of the illustrations, and to consider whether a pair of scissors, or a hat, or a knife, or any other article— The RECORDER—No; you have merely to show that your client sells within the description of the statute so as to en title him to the privilege it confers. The SOLICITOR-GENERAL did not wish to impose upon hie they referringheyalreadyhad bpthyeoer perfectly ca h atw e l y r , by Act? 0 e Which Learned Friend the duty of again addressing his e-law which aware,h e Lordship contended, but hor c r. : : - - doubtt h the jur rdsh y a —( L aught er) so whio u su g L°l h d t to impose a penalty, which must be construed like all other penal enactments in the most strict sense, and he submitted that it was incumbent on the plaintiff, who sought to exact the penalty from the defendant to show clearly and beyond all reasonable doubt, to bring him within the meaning of that bye-law. The RECORDER observed, that it appeared that the Solici tor-General w as no t qu i te so ignorant upon the merits of the question and the laws of the Court as he at first professed to be.—(Laughter.) T The SOLICITOR-GENERAL replied, that he happy to say that his Learned Friend had bee: kind enough to furnish him with information upon the practice and laws of the Court, for which he was greatly indebted to him. The plaintiff had given no evidence whatever of what retail trading was at the time when this bye-law was made, or what was the definition of wholesale or retail trading at that particular time. They could there fore only judge by the light of their own reason, and he had already referred his Lordship to the statement of Richard, which was made pari materiel with this bye-law. It appeared that, although the plaintiff sought to recover penalties from the defendant, he at the same time admitted that in payment of his goods he received acceptances for four months, or cash with an allowance of two-and-a-half per cent. Now, was that symptomatic of retail dealing ? The mode of paying, namely by acceptances of four months, or 2% discount for cash, showed that it was dealing in gross, and came within the category of wholesale dealing. There fore he held that the jury must decide in favour of the de fendant on the two last counts, those only which referred to retail dealings. The meaning of the provisions with respect to retail dealings was simply this, that no one should expose goods for sale by retail. It was clear that the defendant did not expose goods for sale, and if the assumption of his being a reta il d ea l er was i h v e e l ul d held to be e e g b o r o e du brought the within jury, solicitors,the c a tegory bankers,an be liable to and others, hold the offices which were assig ned b to freemen. After referring to a case decided b y the Co ur t o f d n that aperson Queen's Bench, namely, Clarke v. Denton, in which it was maintained by Lord Tenter e . was not a retail Richard r t d h e 11. I b . y bye law a: a m ofetnhdee amended in Common t he dealer unless he sold his goods by piece, he proceeded to say that the defendant did not come within the definition of li as s Ac s t et of f rt ß h seventh year of the reign of Henry 'IV. and • amended in the ninth & t: n il ci d l. eal T er h , e year of the reign ' again of the same sovereign. The amendment of the law made in the 9th of Henry IV. had not b een pr i nted, but was included in Lord Coke's account of Waggoner's c case. The 7th of Henry IV. merely legalised the selling and buying of goods, and clearly legalised the sale i n gross, so that if it were now in, force deal ings of that character would be perfectly legal in a non-free man, and could not be repealed without the intervention of another Act of Parliament. Then the subsequent enact ments left all dealings in gross just as they were, except sel ling in gross by non-freemen to non-freemen to sell again was forbidden, and that was now the law within the City of London, but within which he held the defendant did not come. Then comes the subject of the bye-laws there being no Act repealing them ; the effect of which was, that those two Acts of Parliament clearly showed that it was legal for mer chant-dealers to sell to merchant-strangers, but not to sell again. They denied the power of the bye-laws to defraud the Act, and the question was whether they should put it in the limited or in the enlarged sense. If in the former, the law was conformable with the statutes, but in the other 8 Po w ' 1 Bonus Bemis In 13 g Premium. added. Casb. 134 a 43 r 0 ri