The Sun. — London, England, 1846-04-27 00:00:00

rtirb Litton SUN OFFICE, Seven o' Clock, LORD MAYOR'S COURT. (THIS DAY.) (Before the RECORDER.) THE FREEMEN AND NON-FREEMEN OF THE CITY OF LONDON. —THE CHAMBERLAIN OF THE CITY OF LONDON V. sTITR AND OTHERS. (Continued from our Afternoon Edition.) The SOLICITOR-GENERAL hoped his Learned Friend would reserve his observations till his proper time fur • in the Court. He apprehended that, although they did not in as many words admit th e unindifferency of those who made the return, yet as they had not denied their disinterestedness in the counter pl ea , h e ma i n t a ined that as the challenge im puted their uni n diff erenc y, 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 pleacounterr of the plaintiff were allowed, there would be no departure tm;he And now, to come to the great question before them, he right to would admit that his Learned Friend had a perfect the question say " We have joined in the demurrer is u bad in point of law. presented in your replication ;" b u t b . P . LearnedFrie u nd e had said that the replication was bad and impugn the (the Solicitor-General) counter plea of the plainwtieffulade"tbhraed judgmentlikewise, aonfdthhee Court. He that he was entitled to He alleged that the return was made by indifferent persons, viz., the aldermen and inquests o . f the war tods; andhis objection he jemcainnn tained that it could not be the es e md inreply to their unindifferency that proceedings were in accord mice wit h an immemorial custom. He maintained that, by of the land, no freeman of this city could act as a juror on the law case in which the City of London was intere s t e d. I n sup port of of his argument, the Learned Gentleman then proceeded to quote the case of Easthope v. Braddock, 3 Burrows, in which the defendant was sued by the corporation of Chester for having (as in this case) carried on his trade within the limits of the city of Chester without having previously purchased 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 udes was that that was the fault of th e 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 Corpo ra ti on of London could not return a j ur y for the trial of th ese act i ons, i t was ent i re ly their own w fault. h They made thes e cases t r i a bl e i n their own court, inquests ti sv in which their own laws p reva il e d, an d to which the only were empowered to return the juries who ward givingw emoutihdhaveleteos try them. If they chose to make a law, a share in the penalties to be recovhred; nd make them only recoverable in their own courts, in which they themselves appear to demand these 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-GENERAL 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. Start 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 SOLICITOR-GENERAL 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 ulti ma t e l y 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 Sonicercea-GENERA L said he was one of those NyhO hoped that tilat'afana-Cendeht 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 placed under 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 ciples of the administration of justice, he thought that that power would not last long. It was true those powers and privileges of the City of London were greater than thos e o f any other city in Europe, but he apprehended that this was no argument at all in support of the practice of trying their actions in their own courts, and deciding penalties, and det erm i n i ng whether parties were liable t o 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 eves o f t en f o ld i mportance with respe c t to those constituting juries. The RECORDER said that was saying that we ought not to have the means of local redress. The SOLICITOR -GENERA L 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 S OLICITOR-GENERAL-- I ,Vhat 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. The SOLICITOR -GENERAL—II 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. 0 The Racoanen—You are quite mistaken if you suppose that the Corporation paid for the dinner of which you partook of 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 e ' ,her court. tie 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 b ac k aga i n . - 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 RECORDER suggested that twelve should be selected who were not freemen. The SOLICITOR-GENFRAL inquired what course the counsel for the Ci ty wished to ' pursue ; and it was ultimately ar ranged that the first eurvman, Mr. Th omas Jenkins, should be chall enged, on the ground of being a f reeman and there fore an interested part objection to M r . HenryFenton, M r . Pyeman, Ro e sele,eene objEdmonds, E ; ame n a e , and others of the jury, to th e number of ehaveriMr. The jury were th en sworn, and, ptO 'canna' Mr. ILL then opened the case, which was an allywarehouseman,gtoen against the defendant o f acting as warehouseman, and chapman under five counts, all diff erently puttin g the -", matter, without being free o f th e C i ty, thereby subjecting himself to the penalty of 5/. 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 a ff a i rs • of life the authorities were obliged to proceed on general rules, which, it must be allowed, case. It was th e were not someti mes j applicable to the necessity of abidin u g st b i y ee th of es e e general p a rticulareral rules which had obliged them to o c cupy 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 iii , n.ingina .. them together, but their object wa s t o ascer t a i n V t ether, inai great quest ion like this, a bye-law, passed many years ago, ant which might bepeifectly just at the time it yeas passed, was applicable to this case. If : consistently . with this bye-lair the cause could have beentrteda h not a h v e e r and a foreign court, much,i orflottl, as o objection was oi t would m the proper been obviated, but such could court, in consequence of the judge being acquainted provedcquainteili those facts which would elsewhere have to eyi dence. The real question wee, whether gentlemen of stand ing respectability and considerable wealth should partake of ail the advantages, legal, social, and otherwise, • th out hearing part of the expenses which were necessary to aecure these advantages. All knew that it was of the utmost importanc e t o the Corporation how it wilS consti tuted. In time s o f t h e utmost distress the voice of the Corporation had been loudly raised, and constitutionally in fluential, and even in periods of great doubt and difficulty, 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 res id ents in the City were to refrain from taking up their freedom, a great advent age 'would be lost to the Corporation. Then, if theywere to look - fibecal causes of the expenditure, they would see allother The police, the cri m i na l juris • dictil4he tif4cient reason. 611hrug and the lighting of the City, were ad vantages were partaken of by the non-freemen as well as - by the freemen, but the bulk of the expenses were borne by the. City: - Xerw was it fair that these benefits te se should be 6 who did not contribute to h _• eaVY7O by 11 To_constitu such a principle would be altogther COntrary t,.. r \ ./1j ti THE SUN, LONDON, MON - DAY EVENING. APRIL "27, 1846. 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. Tha 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 persox . i n w t r e had not purchased the treedorn, could sell goods witlti limits of the City, because it was supposed that thsoel_,wouldinterme diate profit of the middle-man, who bought andv variety of prejudice the trade of the City . ef London. '1 he re solutionsof wereo City consequently trade . il imposed.e couldto prevent a y t e s h e e r t - juryod sold to the wordat w h a wholesale" e those t thatresolutions roe were meant created. aman who citizens in the bulk ; who, in brought his goods to the fact c , it That word had been main parcel, without opening 1 s y old an his bale, box, or lzetoodss,uochndatgi diem. Bradford,le m &c.,as boroodugsholtdgohoidss bales, from opened their boxes or bales, and sold co n .o, e c d ehn t et o si tr .e p r, tashe thecon tehnotslkin was broken wroekreensatihdotogboeodrestaiwl were e ade s z d A t s o soo h n e ' P but such as . 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 received the benefit of the government of the City, and whose interests were protected by that' bye-law, should fairly contributeltheir proper share of th e expense f carry ing on the government of the City. In ancient times these corporations were of the greatest importance. They were moat 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 of London did not exist. It had been found to exist in the earliest period to which the mind could revert, and no doubt was cre ated either by the Crown or by the Parliament— by whatever name, whether Wittena gemote, 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 la) e-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 the power to make such bye-laws. The bye-law in. ques tion provided for several things—it prohibited the show ing and exhibiting of goods for sale, by retail, by a party who was not a freeman of the City. The bye-law began by reeit ing, that whereas by ancient charters, customs, and frane 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 p ena lt y. The SOLICITOR-GENERAL said that he should like to have the assurance set forth on the record. Sir T. WILDE—I will do it, if the defendant is alarmed. The SOLICITOR GENERAL—The defendant is not at all alarmed. Sir T. WILDE continued by reading all the various counts, remarking that, as his Learned Friend would not be absent if a loophole presented itself—(Laughter)—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 in 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, linen, woollen and other manufactured goods, which were purchased from manufacturers in Manchester, Scotland, and 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 eame 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 ; for instance, a tailor sold yon a coat but did not sell the bales from which it was made. This was done that a certain class of persona, who at the passing of the law were not, perhaps, in 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 compellod to take up his freedom, and take his share in the various offices which freemen were called upon to fill, and that the plaintiff was entitled to a verdict on each of the counts. The SOLICITOR-GENERAL then proceeded to address the jury on behalf of the defendant. He agreed with his Lord ship that there were but two questions for the jury to decide —first, whether the trade of warehouseman, as carried on by Mr. Sturt, came within the definition in the bye law; and, 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 whol e s a l e t ra d ers should be exempted from taking up their freedom. Before entering on those questions the 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 jury was as little capable of an improper bias in the Learned Judge himself. _ But he must question the assertion of his Learned Friend that they came here to try only whether a trader could carry on his business in the City of London before taking up his freedom, for they came there for another purpose—that of ascertain • ing whether such a system as that which was sought to be introduced into the adjudication of this cause, was not recognised by any other portion of the realm of England. It was the beast 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 hlot upon thewhole administration of the justice of the country. By the enactment of this rule, they corporation of the City of London, levied without the authority of any other law than that which they themselves had instituted, should levy a penalty upon any of the Queen's subjects who might come into this City to carry on the business, and this penalty was to be levied fur their own 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 Ccrporation 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 5/. 5001., or 500,0001 ; for if e h .t a e d ry . c c asion principle to of observe t the law tha o t f t E b i i i , gland. the principle were once admitted, it broke through if London were placed in a Corporation l-1 h o a f d th a e lre C a i d t; with every sincerity, that tlipeculiar Corporationposition, mightnd he e o n w g i wished, teionluoangtoenpjoosyseessd. thmosuetimifintbuneieceen Privileges which it had the ee elawthee nf e rn i gla i n eg d e , e b w y es th to e infringe the grand principle of ha trusted that existence of of not suc b h e a lon b a ye - 15 11 Cf w ore it th" ' the game regulations as other parts was placed "der The corporation of the City of London of' the kingdom. was placed in a different position from eve ry other Corporation, inasmuch as the Corporation was not compelled to apply the funds, into which it came into possession, as for instance, the im provement of the town, butmight purpooe, whether of a dinner or oti be applied to any ca price it might choose. In making therWise, which in its anxious to show that he 'did not in the bservations he wag impute partiality to them because he) slightest degree that upon the record which would w"anxious to put before a superior Court, and which was certainunquestionably arise if it carne into consideration before the H to be raised ()use of Lords II would now turn to the questions of which he had s e and the first was the charge of keeping a Ware ttken ; It should be remembered that in all acts involving this clauses were to be constructed stritly, and this he ] begged e particularly to put before his Lordship. The Learned Ge ntleman 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 from the Italian word rdallier, 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. This was expressly explained by the statutes themselaes, the differ ence between retail and wholesale dealers having been ex pressly la cognised, and cited the 2d Richard 11_ chapter 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, von may sell by the piece, but you shall not sell by retail." Why, there were any distinctness in legislative language, it was in the very state which he had quoted. If the Legis lature were called upon to declare in express and cle r terms w hat was the line of demarc a ti on b etween 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 defandant imported or received manufactured good s f rom Manchester and other places, and sold them in bales entire. There was no cutting or sub-division of his goods withi n th e 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 mast 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 any other corporate town or city in England. hhe RECORDER—There are other statutes in reference to this question. The SOLICITOR-GENERAL said there were, but none so directly upin the question as th . which he had quoted. The case ofiVaggoner v. Fish, wh at ich 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, that, in giving his judgment, he aaid 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-flaws; 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 have not, but as 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 RECORDER—He shows that the defendant sells by retail. 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 his Learned Friend the duty of again addressing his Lordship or the jury —(Laughter) —by referring to other Acts, of which his Lordship was no doubt already perfectly aware, but he would again remark that they had here a bye-law which sought to impose a penalty, which bye-law, he contended, 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 enact 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 was not quite so ignorant upon the merits of the question Laughe—stionand t t e h r.) elaws of the court as he at first professed to b The SOLICITOR-GENERAL replied, that he was happy to say that his Learned Friend had been 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 /mi. materid 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 menths, 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 acceptance of four months, or 2 1 4 discount for cash, shelved that it was dealing in gross, and came within the category of wholesale dealing. There fore he held that the jury issust 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 retail dealer was held to be good by the jury, sOlicitoss, bapisers, and others, would be brought within the category and he liable to hold the offices which were assigned to freemen. After referring to a case decided by the Court of Queen's Bench, namely, Clarke v. Denton, in which it was maintained by Lord Tenterden that a person was not a retail dealer unless he sold his goods by piece, he proceeded to say that the defendant did not come within the definition of 4 retail dealer, as set forth in the by-law of the Gommon Council. The Act of Richard 11. was amended in the seventh year of the reign of Henry W., and again amended in the ninth year of the reign of the same sovereign. The amendment of the law made in the 9th of Henry W. had not been printed, but was i nc l u d e d i n L or d Coke's account of Waggoner's case. The 7th of Henry IV. merely legalised the selling and buying of goods, and clearly legalised the sale in gross, so that if 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 the were, except set tlirg in gross by non-freemen to non-freemen to sell again was forbidden, and that was Low the law within the City of London, but within which be held the defendant did not come. Then comes the subject of the bye-laws, there being no act act repealing them the effect of which was, that those two Acts of Parliament clearly showed that it7was 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 sense it was a violation of the statutes. He therefore sub mitted that on those three several accounts the statute ex pressly went to restrain retail dealers, but not to wholesale dealers. Sir. T. Wilde was about to address the Court, when the Solicitor- General interrupted, and a discussion ensued upon the right as to whether the plaintiffs had a right to speak upon the waggoner's case in the Statute of Henry VII. The RECORDER decided that new matter having been in troduced, the plaintiffs might be heard. Sir T. WILDE said, out of respect to the Court, he should be extremely short. Then as to the statute of Richard 11. it referred to certain kinds of goods, as merchant strangers might sell corn and other victuals, spices and small wares, to whom they pleased, whether the King's subjects or other wise. But this was only to be cone by freeman, for whom it was alone lawful to undo and cut parcels, and this showed the selling of entire p arce l s as imported, and it was evi dent that the reference was first to small wares, and then it came to great wares, which the citizens only were able to break and sell in small quantities. When they con sidered counterpanes, curtains, the peculiar features of the case would be evident. Then the statute of Henry IV., which repealed part of this statute which authorised the selling; and when his Lordship recollected the state of the times under those reigns, this would be still more evident. The Learned Gentleman then read other portions of the statute, to prove his case, and to show the custom was as he re presented it, especially stating that burgesses and citizens were entitled to sell in gross as well as retail. So they can abolish what was selling in gross, and he was quite ready to abide by the exposition of the Act of Richard IL Then as to Waggoner,s case, the statute was as distin c t as it cou ld pes • sibly be, particularly that part which said that no person should keep a shop or other house for the purpose. The thing might be done covertly, so they first imposed a penalty, and then they laid down that no non- freemen should keep ashop or other place for the purpose of getting a living, in the City at the cost or expense of the country. Then, as if to include everything, they used the term " art." His Learned Friend had stated that he would not quote Coke, but another edition, where the matter was more distinct, and well he might, for it was not in Coke. As to Waggoner's case, that no man was to be allowed to follow any art, trade, or mystery, which embraced everything. Third', as to the objection that the matter there referred to goods bought and sold, and did not extend to tallow-chandlers or other arti ficers of similar kind within the realm, and it was held by the whole Parliament, that the 7th of Henry IV., chap. 9, which had been before explained, completely ruled the whole of the case. Having read sever...! extracts from the amended Act of the 9th of Henry IV., and commented upon it, he sub mitted that the defendant came within its province, and held that the jury must so decide. The RECORDER then proceeded to charge the jury, He said the Chamberlain of London, in virtue of his office, and in accordance with an Act of Comm on Council, passed so far back as 1806, in the 4th reign of James I. to recover penalties, be cause th e d e f en d ant had violated the Act in carrying on the trade of a warehouseman, dealer, and chapman without being free, that he carried on the art, trade, occupation, and mystery of a warehouseman. by selling goods and merchandize without being free. The question then which they would have to decide, was whether the occupation of a warehouseman brought him within the Act of the Common Council. He was of opinion that he followed a trade, but that of a wholesale dealer did not come within the province of this Act. He would not enter into themac traderstr ssewaodya wits asloi unable, the right of the Council to pass the bye-law, because in his official capacity he might have to defend that right elsewhere. Having read the admissions of the deft, he said the payment for goods by acceptance at four months, or by cash at two. and-a-half per cent. discount, showed that his dealings were of a more extensive character than those of a retail dealer, the ordinary nature of whose dealings were, that he received the money for the goods he sold across ie counter. The deft further stated that he invariably supplied invoices with the goods which he sold, thus showing that his transactions were not of a retail character. If they had been it was possible, and in fact was generally the case, that the goods so purchased by retail would have I been paid for on purchase, the purchaser being able to per ceive that he was properly supplied wi•li the goods he came to buy. He further stated that he occupied premises at 90 and 91, Wood-street. That he received his goods in bales from Manchester, and from various parts of Scotland and Irelond, in e disposal of which he employed a number of clerks and other persons. It was unfortunate that they had not been informed of the size of the bales of cotton, woollen, &c., because they were unable to judge whether they con tained only a few or a number of yards. The jury were, no doubt, conversant with the bnsiness of a warehouseman, and if the defendant exposed his goods for sale in bulk, exhibit ing one bale and then another, and employing persons who ford itnh City e t ht defendant nppLdlaaoaci London, dtt y effm o a. m s ae h l dev p m t aph e sui n nt n , l eth i n e e shouldtoof the j provinceu r d yo fi experience, asase t peh o e wholesale ex d p e a e le i e r tnh o c r eer n eo o ffo t rbeu, s T itn h oe s se directfa i c n ts th w teh e ce r m e i extremelyybewtatesrbetter, t becausesmu ffie acgi sufficient his to characterise the difference more distictly . He considered lhhaantd raft warehouseman w ithi that the bye-law did not, apply to wholesale Y. dealings, and a cteh w pti o io r n A:t. o f carryt ew ande on an the a retAirfetderactohnsalid;prasabtletivdeisoc,uesiocksien to consider , n the meaning d id nt DrßeeEtculor,entdeNedrpoiAnnart,cou Counsel ta t e t . e n r dy , and e r into e C s r Court' uort:iinAttlisLiox'ficofuo'clEockeou with N verdict s a . er y for t-he j jury The Court then rose. virtuallyl whetherfltnh OW-STKEET.-(THIS DAY.) THE ALLEGED ATTEMPT AT MURDER IN DRURY-LANE. John Brawn, the alleged assassin of the unfortunate man Blewett, was placed at the bar before the sitting magistrate, Mr. Henry, to answer the charge made against him, shortly after the night charges had been disposed of this morning. There was, as usual, a great crowd assembled in Bow street, from the time the various prisoners were led across the street from the station to the court, up to their final removal in the pri,on-van. There was, however, less ex citement and less interest shown in regard to this case than in others of recent date which were attended with more re volting circumstances. The prisoner was placed in the dock at two o'clock, when he appeared perfectly composed and self-possessed. He was defended by Mr. Humphreys. The charge on the police-sheet was for shooting and wounding Thomas Blewitt, and thereby endangering his life. The first witness called was Louisa Cooke, who said—l live at No. 12, Great Earl street,Seven Dials, and am servant t o a M rs. Dowling. At b five minutes past eight on Sat ur d a y n i ght I was going down t when I met the prisoner, whom I had neve r seen b efore, at Princes -street, Drury-lane, towa r d s Cl are Market, thecorner of Princes-street. I accidentally pushed against him, —, what made you d o th at? " 1 said,and h ,, a y s o a u i said, puppy, p " p Y y o , what made you call me that? co u ld you prove me one?" He tried to catch hold of me by th e arm, and I ran awa y. H e followed me, caught me by th e arm, u au to-night." Y for arm, but I am not He then to o k a p i sto l f rom un d er his and used the s a me ex p ress ion to me as before, adding, " If i t warn't for one thi ng I wou ld do sure whether it was th e r i g ht or the left arm. I think it WAS the right. 1 said I mild give him in charge, and called out " police," and he ran away. He appeared very timid and wishful. Mr. Humphreys asked whether " wishful " was the term she used ? and on he replying that it was, Mr. Henry in quired what the witness meant by " wishful! ?" She said she meant that he looked wild and as if "he would do something to her if he dare." William Hathaway, of 37, Hertford-place, Drury-lane, said that at about twenty minutes before nine o'clock on Saturday night he was passing through Drury-lane, and the prisoner crossed the road from the opposite side, and walked towards him, presenting a pistol towards him. He was very much alarmed, and turned aside, so that the prisoner passed him, and he immediately heard the pistol go off, and a man's voice crying out, "I'm shot." The prisoner stag gered against him, and then ran away. He (witness) was so frightened that he was not able to run after the prisoner, or to assist the wounded man. A man came up to the spot at the moment, took the wounded man upon his shoulder, and car ried him into a chemist's shop. The wounded man was going the same way as he (witness) was, for he had passed him hardly a moment before. He did not see the prisoner for more than a minute after the report. He was so confused that be hardly noticed anything. He wold know the wounded man again. Charles Baker, policeman F 32, said, that he was on duty in Drury-lane, on Saturday night, and that at a b ou t twenty five minutes before nine o'clock, he was passing by Princes street, and heard the report of a pistol. He saw a cloud of smoke at the door of a cookshop, at the corner of that street, and saw the wounded man with his hand to his breast stooping, and crying out, " 0 dear! 0 Lord!" They went towards the spot, and met the prisoner, who was running. He caught him by the wrist, and asked him what was the matter, or something to that effect, but he could not say what were the exact words he used, as he was very much confused at the time. The prisoner's reply was, that "It was a pistol that went off by accident." At the same moment number of voices exclaimed, " A man has shot himself," and he then let the prisonergo, not seeing any weapon about him, or having any reason to suspect him, He then went to the assistance of the wounded man, who had been parried into a chemist's shop, and be afterwards saw him conveyed tp King's College Hospital. Tie afterwards retgrne ito prury lane, and met the young woman who, was first examined, who made a eommuntcation to him, in consequence of which he took her to the station-house, where she made the same statement FLA 240 had given this mor n i ng . Witness said in the prisoner's hearing that had met the prispner iu PriuT, lane, and that he said it was a pistol that • went off by tt!4: dent. The prisoner Said it was purely by accident. John Fishes, who deseribed himself as a chimney-sweep, and said that be lived in Rose -street, prgry-tane de,poaed that on Saturday night he was p ass i ng u p prury s lane towards " l ong-acre, and heard the report of a pistol. The prisoner immediately afterwards pgssed him, running, and he saw him potipg Al4e, pistol iot a hi s pocket. revers } people called out " police, and `f stop hirp,'?' fula as no one was pursuing him, he ran after him himself. The prisoner ran at a great pace, and witness ran at his greatest pace to catch him, in consequence of which he fell. He got up? and again ran after the prisoner. He follo*ed hit to this Sow or Little 4neen-styp4, in fireat Qneeusstreet, where he oyertoolF hil, 01(1' caught hiM the arm. He asked th e p t i soner if he knew what he had done? To which he replied, " Have I harmed any body?" Witness said, whether or no he must go back to Drury-lane. The prisoner begged of hint to fet him go, which, of course, he refused to do, and they went towards Drury-lane. The priSoper was ghiftittg a p i stoli one of-bus . ; K ic - 0-4, 4 . 6 d witness asked him what he had gat therel 'To re, plied. "only a little pistol, that I just let off in Drury-lane. I was going to the shooting gallery in Drury-lane." Wit ness thinking the pistol might be loaded, took it from the prisoner, who said ? " You may take that or any thing else ? only let me go.': lie then t o ok gi'm lust to thtn e sus shop, and then to the corner of 13ow-streef, Wherethey Met a policeman ? to whom he gave in in charge, Policeman ISurston, P 83, s p o k e t o taking the prisoner in charge from the last witness. The prisoner asked if the man was hurt, and said that it was done by accident. Witness did not make any reply. or even speak to the prisoner, al• though the question 'Tap repeated seyeral timß. search ing him at th e s t a ti on ; he 'round a poWder-fiask in his left hand coat pocket, and five balls in his right, (The witness produced the articles in question). The prisoner said at the station that the occurrence was accident. Edward Mailers, of 129, Drury lane, a dealer in pawn broker's unredeemed pledges, said that about five weeks ittm the prisoner c44lp rote his shop, 4nci said he iiarnd a Percussion gun. Tle chose' one, and said that be had a gun and pistol which he would exchange for it. He agreed to give the prisoner the gun he wanted for the other gun and the pistol, and 13s. in money, The bargain was struck, and the prisoner took the gun away. He after wards repurchased the gun and pistol r r iTs., by which witness had' Is. profit. The tiistol was the Same now pro duced, Mr. HENRY asked the witness how old he would suppose the Mr. Hu m ph reys sa i d the pr i soner was fif teen last February. PriaMer to be ? To which be replied, about eighteen. Mr. HENRY said that shopkeepers ought to be more cautious than to sell pistols to such young persons as the prisoner. The Witness paid, that since the cane of Wicks (who, it will be remembered, had purchased the pistol with which he committed the murder from this witness) he had been very unwilling to sell guns or pistols to lads such as the prisoner, but that he saw no objection in this instance as the prisoner had already the gun and pistol in his possession when witness first dealt with him. Mr. HENRY then caused the witnesss Fisher to be recalled, and said that he considered it necessary to observe, that he thought his conduct worthy of great commendation, and that it would not be forgotten. The witness Hathaway was then recalled, and stated that he had seen the wounded man at the hospital since giving his evidence, and that he had no doubt of his identity. Mr, Superintendent Pierce and Mr. Inspector Black, of the F division, proved that the prisoner said at the station, that the occurrence was purely accidental. The name of the wounded man was Blewitt. He was said by the surgeon to be in a very dangerous state, but he was expected to recover. Mr. HU3IPHREYS declined to make any observations on the case, and Mr. HENRY remanded the prisoner to Saturday nest. THE FUNDS--(CLOSING PRICES BRITISH FUNDS. ONE CLOSING O'CLOCK. l'lt ICES. Bank Stock .. Three per Cent. Reduced Annuities .. .. 95%, 95 95 Three per Cent. Consols Annuities .. .. Ws 961 New Three-and-a-Quarter per Cent. Anns. 97i/ 8 96% 96% Long Annuities, Expire Jail. 5,1860 .. 10N/ 3-16 10 3-16 India Stock .. .. . • • ••' .. .. 258% India Bond y, 1,0001. . . • • • • .. ... 33 Ditto, under 1,0001. .. .. .. .. 33 33 Consols for Account • • • • • • • • • • 96 1 A 96 1 4 Exchequer Bills. 1% d. llid. 1,0001... .. •• • • 25 27 pm. 27 5001. • . .. --• •• • 27 —— pm. 27 Ditto. Small --•• •• 25 28 pm. 28 ONE CLOSING O'CLOCK. PRICES. FOREIGN FUNDS. Brazilian Bonds, 5 per Cent Ditto, Small .. • • .. .. Ditto, New, 1843 .. .. .. Buenos Ayres Bonds, 6 per Cent Ditto, for the Account .. Danish, 3 per Cent -• .. .. Grenada, 1 per Cent .. .. ~ Mexican Bonds, 1837, 5 per Cent Ditto, for the Account Ditto, Deferred .. • • • • .. Portuguese Four per Cents ~ 5 7, Ditto, for the Account .. .. .. 57 /g Russian Bonds .. • • • • • • • . 110% Spanish Bonds, 5 per Ceut .. __ Ditto, Passive Bonds .. .. .. 5% Ditto, Three per Cent .. .. .. 364, Dividends on the above payable in London. Belgian Four-and-a-Half per Cent _ 9g Dutch Two-and-a-Half per Cent • • 59%m - Ditto, 4 per Cent. Certificates __92 91% 9. BUSINESS CLOSING PRICES OF PAID. DONE AT PRICES. RAILWAY SHARES. ONE O'CLOCK. Aberdeen .. ~. - • - ••'•10•••• 3 % 3- • • - •• 31 ,4 Armagh, Coleraine, and Portrush 1% .. i i i% ........ Birmingham and Gloucester ,• . . 100 .. .. 124% . , .. -.. 125 Birmingham and Oxford Junction 2 ...„ 13.6 , „ ........ I% Bristol and Exeter .. • • • . 75 ... 84 ........ . 84 Caledonian .. - • • • • •• 1 0 : • 614 .. •• • . 6% Ditto, Half Shares .. .. .. 2% .„. ix ......... Ditto, Extension .. • • • • 2 % .... % ........ Direct Manchester (Remington's) 234 .... i v. ...... .... .... 1 8 4 1 1 . . 1 1 6 6 8 5........ : 2 7 3 % %% 8 p 2 4.. • • .. Direct Manchester (Itastrick's) .. 5 ~ .. 31;.' .. ........ Direct Northern .. .. • • • • 2 % .... 1% .......... Dublin and Galway • • • • • • 4 .. • . 2 .......... Eastern i)o.D ittop e C sr p o e u ewt n . t , I .s e . s p e r: .. Cent. No. 1. 61. I3s. 4d. - Ditto, ditto, .. .. No. 2. 6/. 13s. 4d. 14 p........ Ditto, York Extension .. .. 105..... I% y e 7 , 8 .. .. .. Edinburgh and Glasgow .. .. 50 .... 74 • . ••• • .• Great Eastern and Western • • 2% .... 1% .......... Great Southern & West. (Ireland) 20 .. 22% 23% Great North of England . ..100 .... 2 1 3 % • •. ... Great Western .. .. • • •• 85 • • ..148 149........ Ditto, Half Shares .. • • • • 50 .... 86 ......... Ditto, Quarter Shares .. • • 5 . .... 18 ......... Hull and Selby .. • • • • &CI • • -101% 1803¢ .... . Liverp., Manch., & Newc. Jun,-234 ... - .......... London and Birmin g h am . • •100 ....225 224........ Ditto Quarters .. .. .. .. 2 .... - Ditto Fifths _ .. .. .. 2 .... 25 ...... London and Blackwell .. 16/. 13s. 4d. 8 ..... ..... London and Brighton .. .. .. 50 .... 64% % ••• .... London and Croydon , .. 131. 15s. 9d. 22% .......... London and Greenwich .. 12/. 15s. 4d. - ....... London, Hounslow, & Western .. 2 .... S ........ ... London and South-Western.. 41/. 6s. 1(k1. 78 79 .... „ . .... Ditto, New Consol. Eighths .. 34 .... 52 ....... Ditto, New . .. .. .. 12% .... 23% - - ...... Ditto, New .. .. .. .. 10 .... 18% 18 .. London and York .. .. .. .. 2%.... 1% .......... Ditto, Half Shares .. .. .. 2% . .. 1%.......... Lynn and Ely .. .. .. _ 10 -• • 6 % 7 14 •• - - Lynn and Dereham .. .. .. 10 •• • • 5 % ••••• • • • • • Manchester and Leeds .. .. .. 82 .. • • ~7. •••• • • ...... Ditto, Quarters .. .. .. 12 11% ••-•• Manchester DDDD D iiii i ttttttttttEo:: Quarter}Ql Extension, l i ui a I ca : ins S ed rli Southampton o r hh. e s uaa. ti Shares eel za5.5...t . ".0..( . (0ncpAnti0... ... un. ..• n c......t.... ......... :40 3 :824213, 8 :.......... ...................- ...... . 173440 / 6811/.5. ~.i, : 2..p.. .'...• .............• ...... " ........ " ...... i Ditto, Sixteenths • .. • • • • u 7 4• * * • 17. I/ . . 3 Manchester and Birmingham _ 40 . • • 78 •••"• • • • • Manchester, Buxton, & Matlock 425. .• • • i 7 s-i" .. • • Ditto, Birmingham and Derby sMeopiDdrtwliiitit.st,tt-leimd,:liNetti. ae . nalwdfnsdiha.::: .. B . l. .. . • .. Ditto, New North Kent and Direct Dove; Newcastle and Berwick •• i o 19% 20 19% •• • North British . ••• • • - - •• • • • • • Oxfd.,Worcester,& Wolv 100 .. • • Ditto, Carlisle Extensi • • • • 6 •• • • -2 •• • • • •••• •••• • • :: 10 1 0 .......... 120 , • ...... ..... Ditto, New ru • • • • 19% •• •• •• •••• North Staffordshire ••• 2 %% P••••- ••...11t11. 1214 .• • • 0 ,9 .... Portsmouth Dire ct Do., New (d 0.331. 68.8 d. Scottish Midland . . 6 1 -4 .. Shrewsbury and Bl •• • • ••• • • 10 •• •• 21, . ;31. ie Shropshire Union . 17114'gharn • • 23< •• • • '1 . d • •• • • • • • is .... South Midland • • • • • • 423. •• • • . j''' South Eastern and Lov • o • r .... • • 425. .• •.. 3 1? 1.3 : ........ ~,.... .. 425. • ,_, .. .... Ditto. New (iss. ut 32/.) N • • 331 •• • •••• • • • • Do • • • 121; 3 /. 2 10 •• •• • - ,•• •• • • • New (do. 150 • ) 1. • • 2' li • • Vale of Neath ••• No. 4. 2% .• • • ( 8 •-• ••" • • West Riding Cni •• . •• ••• • • "" • • 425• •• • • Q i a ,N Ys 11 ' ••• • • Wilts, Somerset, and * e .• • ;h • * • --•••• • • • • • • York and Carlisle - e r"u - 5 ••• •• York and Lance •• • • • • 2% - ** - ' .. •• • • Lancaster - •••• •• - York arid North Midland • • • • 2 •' • 98 9•1 ••• • • • DP . to. Searborouth R • • • '() • • 48 49 ...... .. .. ranch 25 •• • • Ditto, Selby • • • • ' • • • • • • • • • Ditto. Extensioi; • • • • . • • 73 30 • Do. E. and IV. Biding• Exten,:: 15 1 •• ... 31 33 % - • • • - • • • • • • • • • FOREIGN RAILWAYS. Bord., Toul., & Cette (Mackenzie) 2 •• '• - ••••• • • • • • Dutch Rhenish Grt. North. of France Constituted 5 -• • 6M Y 8: ** .• •• • • 5 •• ' • -- • • • • • • • • • Great Western Bengal Lyons and Avignon • • • • ss. •• • • Luxembourg2Orleans and B ••• • • • • •• 4 •• .. 174' ••••• • • • • • order= Paris and Rouen • • • • 6 •• • • 11 ••••• • • • • • Paris and Strasbour • • • Constituted Rouen and Havre -g C . " 11111 -- -5 •• • • 5% 44 ••• • • •• • • Tours and Nantes Constituted" :: 20 •• : :: --- ••• ••• •• : •• •• •• : JOINT-STOCK BANKS. Real del Monte, Unregist ered MINES. nregistered • .. _ 134 2 73 53 12N Id P 1 1 4 150 32% 120 1 dils7. par 37% 18% 11 3 A 2 11,4 1) 2 3 4 1% 97% 4014 30% Colonial 33g...... ... Mr. Ilerapath, of Bristol, h as nearly recovered from the effect* Mai* late Awident_iiath chrivikje RAILWAY COMMITTEES. (THIS_DAY.) GROUP VI. This Committee met to-day at twelve o'clock, Sir J. C. Hobhouse, chairman. DUNDEE AND PERTH. Mr. ANDREWS appeared for the promoters of the Bill, and after addressing the Committee. councilMr Al TALBOT Perth, s said ,he to town o w appeared t the lice, inasmuch magistrates ash e intended by the promoters to have a general termini fir all the rail ways running into •the town, at a plaee called the " Inch." Ills clients objected to this ground being interfered with (amore palmy), as it had been the property of the public for the last three hundred years. It was a place which the inhabitants held in high veneration. It was the ground on which " Henry of the Wind" performed such wonders before one of the Kings of Scotland, and of which Sir Walter Scott gives so glowing a description. The Learned Counsel went into the merits of the case at great length, and after some cross firing between the Learned Gentlemen engaged on both sides, The Committee ordered the room to be cleared. Upon readmission, the CHAIRMAN said that the Committee had agreed to hear the opponents by counsel and evidence. The proceedings were then adjourned to twelve o'clock to-morrow, when the case will be gone into detail. GROUP XIV. SOUTH-EASTERN AND BRANCHES. (Continued from our Afternoon Edition.) Mr. ALEXANDER said that be intended to call a military officer of eminence to show that the South-Eastern scheme with feference 40 the Dockyard was not only feasible 1.1 - 4 advisat}le, hut he could of say that this gentle Man Was authorised or commissioned by the Go- YOrnment to express any opinion on their part. Witness (in continuation)—Mr. Yignole , s plan for entering the dock-yard was more expensive ttw t n trip sputh-gagern plan. Had caused ditierept ti? ke 111a,le en the proposed route of the North lient Bailway in the tunnela through Boughton-hill. The Tile turnings-Opt skewed c:ay to the depths of 26, 7, 13, and 7 feet respectively. At the eastern end of the tunnel there is a cutting of 1402 yards in length. The borings show that the elm , qqppiog of the other strata varies in depth from 28 to 0 feet. These borings were all made within a distance pf 350 yards. There is on the Wi 3 Stril Side of the tunnel a cutting 1400 yards in length, and the borings nitide there gaVe 28, 6, 12, 'B, and 9 ft.: 4, Is of opinion that the Boughton-hill bnoulg v@For lvtVe been made. The pi , ,al tdrlticti alp the Vnion,street branch on the 10411141 U, arp perfect.y useless. In the event of t: .e forma tion of 'the North Kent line, an amalgamation with the South- Eastern Company would be the result, or else a ruinous competition must be carried on. By the Cq.4.R.N4zi—php[ild have preferred poptinning the Green lyich line thrOnFli Preen,yich Bark. Had 'formed plans for sucll line, but it wits Opposed by the Admiralty, The Criarpterl said that hg 84001 likc sea the correspondence en thac tux wit. 4.11 . :'5#4-lilisox said that the line enforced by the Admiralty was a far inferior one as to expense and accommodation. It wood In crease the expense 10 ~ 000/. The railway would not interfere with the instruments at the Royal Ob.zeryt4q7 in tqe 1.411 i, by any vi be:glop. 'lie arirc i origg 4'oyat Cud that the experiments already made Were not sinficiently conclusive, and he proposed instituting scans experiments himself. Mr. John Clutton, examined 'ay Mr. 31erreweather—Is a surveyor, ant had valved the laud required for the South Eastern linq. vac cost of the main li ne , i n l and would be 304,2651., and that el tho loup 162,2351. From Canterbury to pow be f41,36uz., and from Meidatenc io TtocßesiteY §I;6SV. ''slf`: I , talke'r'iy4s the'next wl inc ss examined, after which, The Committee adjourned until to morrow at twelve o'clock. SUNDAY TRADING. Lord CAMPBELL presented several petitions from diff:rent parts of Wales, praying their Lordships to adopt some mea sure for the prevention of the sale of spirituous liquors on Sundays. Earl FITZ WILLIAM presented a petition from Halifax against the sale of spirituous liquors on the Sabbath. The Bishop of St. DAVID presented a similar petition from Sauroost. THE IRISH GREAT WESTERN RAILWAY. The Alarquis of CLANRICARDE moved a third reading of this Bill. The Duke of RICHMOND thought the Bill ought to be postponed, as a petilion had been presented from shareholders representing 800,C00/. of the capital, praying that the mil v ii ay be withdrawn. The Marquis of CLANRWARDE said there could be no ohjection to postponing the Hill. lie had moved the third reading, because he beliroed that those Bills 1N hich had arrived at a third reading Ilould not come under the regulation re. specting Railway Bills which had lately been established by the House. The Bill was then postponed to Friday ": cxt. (LEFT ,gr."-- lout3 , E OF COMMONS. The &TA:O:4 took the chair at four o'clock. BRIDPORT ELECTION. Mr. C. WOOD reported to the House that the Committee appointed to inquire into the merits of the Bridport eleetion had decided that Mr. Baillie Cochrane had not been duly elected to represent the borough of Bridport, and that I►lr. Romilly had been duly elected to serve in Parliament for that borough, and ought to have been returned. The Clerk of the Crown was ordered to attend to-morrow to amend the report. GENERAL TERMINUS AND GLASGOW HAR BOUR RAILWAY BILL. On the further consideration of the report on this Bill, Mr. HUME was about to make a motion, for the purpose of having the further evidence laid on the table, when the Hon. Member was interrupted by The SPEAKER, who said that it would not be in oiler to make such a motion until the second reading of the Bill. The report was then agreed to. Mr. ESCOTT moved that Mr. Smith O'Brien be ordered to attend on the Committee, of which he was appointed a member. Mr. SMITH O'BEIEN observed that he was there to re present his Irish constituents, and not to serve on the Com mittees of English railways. He should, therefore, refuse to attend. The result of the motion was that Mr. Smith O'Brien was ordered to attend. SECOND READINGS. The following Bills were read a second time, and ordered to be committed, viz. Holrne Reservoirs. Cambridge Improvement. Forth and Clyde Junction Railway. Scottish Central and Caledonian Junction Railway. Glasgow Municipal, Police and Statute Labour. Oldham, Mn i :letter, Liverpool, and Birkenhead Junction Rs,ilWay, Alliance Gas Company. Portbury Pier and Railway. Sheffield, Ashton-under-Lyne, and Manehester ( Whaley bridge and Hayfield Branches). Ipswich and Bury St. Edmund's Railway (Extension to Ely, with a Braoh therefrom). London and Birmingham Railway (Weedon and Northamp ton). West Cornwall Railway. Oxford, Worcester, and Wolverhampton Railway. Wilts, Somerset, and Weymouth Railway. South Devon Railway (No. 2—Amendment and Branches). Midland Railway (Clay Cross to Newark). ' REPORTS. The following reports were brought up, the amendments and alterations agreed to, and the Bids ordered to be engrossed, viz. :-- Electric Telegrah Company (further proceeding on considers tien of report). Perth and Crieff Direct Railway. East Lothian Central and Tyne Valley Railway. Helensburgh Extension and Police. Helensburgh Hurbour. Glasgow Union Arcade. Glasgow Harbour Mineral Railway. Colchester Navigation Improvement. Leicester Improvement. Great Western and Wycombe Railway. Great Western and Uxbridge Railway. Saint Austell Small Debts. Burnley Improvement and Waterworks. West of Scotland Junction Railway. Stafford New Gas. Eastern Union and Harwieh Railway and Pier. Ashburton, Newton, and South t 'evon Railway. London and Brighton Railway (Wandsworth Branch). Rugby and Stamford Railway. THIRD READINGS. The following Bills were read a third time and passed, viz.:— Scottish Midland Junction Railway Branches. Glasgow, Kilmarnock, and Ardrossnn Railway. Edinburgh and Glasgow Railway Amendment and Branches. Clyde Dock and Harbour. South Eastern Railway ( No. 11) (Rye to Rye Harbour). South Eastern Railway (No. 7) (Extension of Stations at Ashford). Exeter and Exmouth Railway. Midland Railway (Syton to Peterborough Deviation and Branches. Glasgow, Paisley, Kilmarnock, and Ayr Railway.—No. 1. Glasgow, Paisley, Kilmarnock, and Ayr Rallway.--No. 2. Glasgow, Paisley, Kilmarnock, and Ayr Railway.—No. 3. Werton Super Mare Pier. Brighton and Chichester Railway, (Bognor and Littlehampton Branch.) London and Brighton Railway (East Midland Branch.) REFUSAL TO SERVE ON COMMITTEES. Mr. SMITH O'BRIEN__Sir, I understood you to put a question from the Chair, to the effect that I should be ordered to attend a Committee of this House to-morrow. I stated at the time that it was my intention to attend this House as the representative of my con stituents. I deny the authority of the House to compel me to attend the Committees; and I beg leave respectfully to state that it is my intention not to attend the Committee to morrow. Mr. HUME presented a petition against the proposed malgamation of the Edinburgh and Glasgow Railway with ahe Forth and Clyde Canal Navigation Company. t Mr. GRAINGER presented a petition from Durham in favour of the Roman Catholic Relief Bill. Sir HOWARD DOUGLAS presented a petition from Essex against the union of the sees of St. Asaph and Bangor. Mr. DUNCOMBE presented a petition from Norwich against the Irish Coertion Bill. Mr. ESTCOURT brought up the report of the Standing Orders' Committee. Lord G. BEN TINCK presented a petition in favour of the Erewash Valley Railway. IRISH EISHERI ES. Colonel CONNOLLY gave notiee that he would on to morrow present'a petition against the Salmon Fisheries (Ire land) Bill, and praying for a repeal of the same. Mr. POWER. moved that leave of absence be given to Col. Westenra..—Agreed to. CRIME IN IRELAND. Mr. JOHN O'CONNELL moved that the returns with regard to crime in Ireland, presented a few days ago, be presented.—Ordered. THE MARQUIS OF WATERFORD'S PROPERTY— EVICTION OF TENANTS. On the order of the day for the adjourned debate being read, Major BERESFORD rose and said, that having been temporarily absent from the House, he took the present oppor tunity of referring to a transaction that happened the other night, when allusion was made to the Marquis of Waterford's property. Before, however, entering into that matter, he must protest against the doctrine, (though no landlord had more honestly discharged the duty than the Noble Marquis) that every individual should be made subject to Parliamentary inquiry and comment on mere prima facia evidence based on newspaper reports.—( Loud cries of " Hear, hear.") In such cases as these it was necessary that the personal friends and relations of the parties accused should come for ward in order to protect them against these accusations. Having presumed so much he wished to state that lie had no complaint to make against the Hon Member for Kilkenny for bringing this case forward. The lion. Member had found a statement furnished wi. h the most circumstantial rela tions, and considering that the report was correct, had made use of it in the course of argument. The only remark he had to make was that he was a little astonished that the Hon ourable Member should be so ready to give credence to a report furnished from that source front which (if his memory served him rightly), not a long time since some reports had issued with regard to his Learned and Hon. father. The Hon. Member for Kilkenny was the individual, who in a public address, declared the statement to be false, and who published a letter declaring that the ( source from which the information was obtained was an incorrect one. Under these cirumstances, he wished that the Hon. Gentleman would have had some degree of caution in making his statements affecting the property of other people. With the permission of the House, he eould read the state ment. The Hon. Member here read from a newspaper an article, stating that a village en the estate of Lord Water ford, containing 150 families, or 277 persons, had been rased to the ground, and the families turned out destitute. Now he would state the exact truth of the case. It seemed that about thirty er forty years ago there were a number of small tenements let to a number of persons; these occupying tenants permitted a great number of cabins to be built upon the property ; a great number of these persons came from a distance of Cork, and were not reared upon the property as it was stated. When the lease expired, the agent went to Kilmaetomas, and offered to each of them n sum of money for pulling down their own wretched hnuses ; the offer was ' thankfully accepted, and with their own hands pulled down the cabins; th e agen t t h en went away , and as after same the expi rat i on of some t i me when he returned , actu ally besi ege d b y t h e yeomanry tenants down give cabins alb°. He them hew the amount of money th a t they might pullh.. dcd back to the original the complied a n d t h e t enemen ts were being turned out. The tenants, not one single one o f t h em agent's own statement of he matter was, that on afterwards visiting the place the feelin g there was quite otherwi se men draining, and th ree than hostile. He had about ninety hundred men in Tullarnor e employed at the sa me wor k . He thought, therefore, th at the Noble Lord sho u ld h ave some protection from those anonymous assailers who were i gnorant of his character. Lord IN3ESTRE rosy to corroborat e w h a t f e ll f rom the Ho. Member who had just sat down, and he could do so with the more accurael , as he had himself resided near the Noble Lord's property in question, and had been an eye-witness of the circumstances referred to. The Noble Lord then read a letter from the agent of the Noble Lord (the Marquis of Water.. ford), in which facts .similar to those read by Major Beiesford were detailed, as also that every exertion was made to give employment by enclosing slobs, &c. In addition to this, it stated that several applications had been received from cottiers, where houses were still remaining, that they would g l a dl y pu ll t h em down on the sa terms as the others whose ho u s es were pulled down. A similar statement to that now m a d e was made som e time ago b the Honourable Baronet the Member for Waterford which he ( Lord Ingestre) contradicted at that time. He could give the statement now made a similar contradiction. Lord Waterford was employing 300 men on the river Suir, and had as many employed at Dungar van, and wherever he had property the same desire prevailed to afford employment to the working people. He was glad of the opportunity which this circumstance afforded, to bear his testi mony to the conduct of the Noble Lord in giving employment. Mr. JOHN O'CONNELL said he thanked the Gallant Officer for the manner in which he dealt with this subject in reference to himself, and the manner in which he had brought forward this charge. But with regard to the charge itself, the Gallant officer expressed his surprise at his (Mr. J. O'Con nell's) having adopted it, as be had done, without inquiry. The Gallant Officer had, however, done him (Mr. J. O'Connell) the justice to say that the charge had been before the public for two or three days, and had not been contradicted. With regard to other similar charges they had met with prompt contradictions, but the one now in question had not. lie was glad, however, that the Gallant Officer had taken up the matter in this way, and had afforded the explanation the House had just heard in reference to the conduct of the Marquis of Waterford. He was glad also to hear such testi mony borne to the Noble Alarquis 49 a nekton landlord, and he GROUP XIX. 7 is P ',4r 1% 74 234 213; 149 100% 1% 224 28% 25 13 1% 7 1 4 5% STANDING ORDERS' COMMITTEES. HOUSE OF LORDS. Their Lords hips etis da at the appointed heur. The Noble Lords present were m the Earl of Shaftesbury (in the chair), the Duke of Richmond, and Lord Hawarden. LARNE, (BELFAST, AND BALLYMENA RAILWAY. This case came before the Committee on second reference, and as many of our reauers may not know what the meaning of second reference is, we will shortly explain it by statute that this Company started into life at a period when a deposit of 5 per cent. on the pro posed capital was all that was require the Act of Parliament. But esubsequent order of the House havtlng rendered a deposit of 10 per nt. necessary —the parties came before their Lordships to prove the additional payment of five per cent. The certificate of the Accountant-General having been proved, their Lordships decided that the Bill had passed the standing orders. BALLYMENA ANI) BALLYMO.NEY RAILWAY. This case came before the Committee on the same point, and having put in the necessary proofs, the Committee decided that the company had complied with the standing orders. OMAGII, DUNGANNON, AND ARMAGH RAILWAY. This case was adjourned until to-morrow, for further proof. LONDON - DERRY AND ENNISKILLEN EXTENTION KAILWAY, This case came before the Com m i ttee, in order to prove comp li ance with Lord Wharuclitie's order. A nd the necessary proofs having been entered, their Lordships i n ti mated that the stan di ng orders in this case had also been complied with. Their Lordships then adjourned, at five o'clock, THE SUN EXPRESS. FROM A CORRESPONDENT.) C p res A s Sun H e , rAe received v 2 e s.— dh l e r beg a t t o 2 inform 3o y es t o e u r d t a h 3 a , t a f The t ern Ex o on containing all the debates in the House of Lords, and those in the House of Commons up to a very 1 ite hour on Thurs day night, thus forestalling all the other evening papers full sixteen hours. MPERIAL PARLIAMENT (THIS EVENING.) BRIDGEWA.TER AND TAltirr,liti .„ . WAY .417,T1 ## . annowt, iO4 - 4tintied from our Afternoon (1illori,) The formal proofs, in accordance with Mr. buncombe's resolution last Week, 140 then 'put TALBOT, on behalf of the opponents of the Bill, took a preli minary objection to the further progress of the Bill, on the grouted that even if the Committee granted the line, the promoter% had no power to raise funds to construct it. The Ccininittee would remem ber that the first act alluded to, lv his . .ii r eatned Friend, was an act sZ•(l'bu sthiaking a Railway fro m B r i s t o l t o T aunton, hat . act Was abandon e d, an d another passed for making a clltal 'train Bridgwater to Sainton. Now the first Act gave the par. ties power to raise 420,0001., but on the abandonment of Ws Act, cf course the powers ceased. The other Act gave thent power to raise 520,0001., and of that sum they had already tisv.i 171,2001., leaving a balance which in amount ryas 32.0,04 lesS than the estimate fur the (~ o nstruction of the proposcsi'WOks. 144Se/ 1 04f 'StealGuam contended that this was an objec tion which ought te have llten urged in the Standing Orders Com mittee, and the present Committee had, therefore, no power to deal with it. Mr. TALBOT, relying upon the well known Dublin and Galway case, contended that they had, but thg foot Was the Standi ng O rders Committee left this matt er tg 110 decided by the C omm i ttee on the Bill, Vithiiaieiy, after a long discussion, it Was decided that the Com mittee should adjourn till tomorrow at twelve o'clock, and in the meantime the decision of the Standing Orders CommittSo was to be ascertained from the Chairman of the Committee before whom the matter was discussed. GROUP XXVII. The Committee, to whom the consideration of the merits of the lines of this Group was referred, met to day at one o'clock for the first time in room 28 in the new houses of Parliament. The Com mittee consisted of Sir C. Lemon (West Cornwall), the Chairman, Mr. Marshall (Carlisle), Mr. Wawn (South Shields), Mr. Bright (Durham), Mr. Hampden (Great Marlow). The lines in the Group were the Derby and Crewe Junction, the Leicester and Bedford, the North Staffordshire (Churnet Valley), North Staffordshire (Il areeast l e to Sandbach), North Staffordshire (Potteries )3 And the Sout Midland (Northampton and Bedford). After the different :petitions presented against the lines were read over, a discussion ensued as to the order of precedence with regard to their consideration, when it was ultimately arranged that the three Staffordshire lines should be taken first. Mr. TowNsENro objected to this arrangement, on the ground that the Amalgamation Committee had as yet made no report, and if the consideration of the lines be postponed till that report were made such a course might save trouble and render any inquiry with re gard to them unnecessary. NORTE sTarrormsainzE (3 LINES.) Mr. AUSTIN, with whom were Mr. Talbot, Mr. Murphy, and Mr. Macauley, then opened the case on the behalf of the promoters of the three lines, atter which Mr. George P. Bidder, civil engineer, was examined, when the Committee adjourned until twelve o'clock to morrow. GROUP XXIX. This Committee assembled to-day, shortly after Twelve o'clock, In room No. 8. Present, Mr. Labouchere, (Chairman), Sir W. Moles worth, Sir J. Duckworth, Colonel Rawden, Sir J. H. Smith. SOUTH MIDLAND, HUNTINGDON BRANCH. The CHAIRMAN Cain, he believed the Committee had agreed to the preamble of this Bill under certain contingencies, and they were now to consider certain clauses in the Bill. Mr. MACAULEY, counsel for the Bill, having answered in the affirmative, The clauses were then gone through seriatim, and on coming to clause '24, The CHAIR MAN said that the Committee expected that the same rate of tolls should be Inserted as they (tile Committee) had agreed upon in another Bill. MACAILEY said, that if they were restricted to the same rate of tolls as the London and Birmingham they eould not proceed. The rate of tolls here charged was the same as that sanctioned before in Bilis by that company. It was subsequently agreed to that the rate of tolls should be allowed as put forth by the company, coals being charged at the usual rate. On coining to clause 39 which made this branch dependent upon the main line, 31r. Macautai said he had to submit on the part of the promoters that this dependency snould not be enforced. After some short discussion, the room was cleared, and on our re admission, The CHAIRMAN said that the Committee could not comply with the application, and must adhere to their former determination of making this Bill contingent upon the other. BOSTON, smarezroim, AND lIIILMINGHAIVI (STAMFORD AND WISRECH). Application was made, en behalf of the Corporation of Bedford Levels and 'Wisbece, to postpone the consideration of this Bill until the parties outside who were interested should be heard. The CHAIRMAN said he thought unless all parties were agreed he could not consent. w p as rom pr o o t c e e rs ede o d f thewith.Bill) said, he considered it right to state briefly wh a t were th e c i reunistanees of the present Bill. It was of ancient d a t e . I n the month of last April certain gentlemen in Birmingham, who originated the line, IN S i ti r e . h D w a a N s iE not the ( oi c , ase, the andp part t the of B t i h il found themselve deficient in communi ca ti on eastward and westward from that town. It had a most imperf ec t commnn i cation with Leices ter. and there was an entire absence of seaport communication. It was evident, therefore, that in this case there was a c a ll f or improved facility of transit, which, as regarded these two places, would be afforded by the proposed line. Besides, the communication with the important towns of the district would be gre a tly facilitated. lle would also show from the traffic tables that the trad e h ere was ex emely great, and they would be enabled to pe rceive f rom the route inlp of the line that the Bill must necessarily bo advantageous to the dis tricts through which it proposed to pass. There was also a great want of a more direct communication between the Baltic and Birmingham, than was at pi esent by the circuitous route. It was well known that there were large numbers of cattle in Norfolk which suffered severely from having to be driven from the various places where they were fed, consequently a railway communication, by affording improved facility of transit, would be of considerable advantage in that case. He did not think himself authorised to enter into any details respecting the advantages of the line. He must, however, offer a few further observations. The line pass sing through a level country there would be no engineering difficul ties to be encountered. The great obstacles with which they had to contend were the fears that were entertained of their disturbing the range of the country in laying down their line. But they had suc cessfully completed their plans without any detriment in this particular. The objections in the petitions relating to the liver Neane were net sustained, and he could not help considering that as there were this he o i m i,st e hadpr opposition,o p o b s e e e d n lines, mi"rt haek whicheii fact ocrt would onwe a a l os,c s ot that they t t ia i ii and yd river, hheai a, c e t hsaeotl reitcghtfeendtr:(l - n l e s . i a er The th e e sti , m vo a r t k e estimate, lied been obliged tosessional o n a troubthele rs ha n Committee p with ileti W i t s l ci L m el evidence, therefc, r l e v , l l i t. i r h s te l i i d e crossing, which was the least objectionable of all. He would be ta ß o h : b i o ad l would 1 t d he make : s subscribed. The works would be executed within the period stated, brief Committee me ig it n which it was received in the district through which it was to pass, namely, as one of considerable public advantage A question here a rose as to whether parties ha. d a right to inspect the documents of th e promoters iod ged under ea the sessional order of last Thursday, relating to this subject. The room was cleared, and on our re-admission, The CHAIRMAN said, the Committee had considered the question, and would not object to any parties then inspecting the contents of these documents ; but woulu not allow their contents to be contra vened, or made matter of argument before them (the Committee) Some evidene having been heard iii support of the Bill, The Committee then adjourned. HOUSE OF LORDS EMPLOYMENT OF DISCHARGED PRISONERS. The Duke of WELLINGTON presented a petition, signed by a large number of the inhabitants of Winchester, praying their Lordships to take into consideration the state of dis charged prisoners, and provide some means for their employ ment ----- iVlessengers from the Commons brought up certain Bills. SEES OF ST. ASAPH AND BANGOR. Earl POWIS presented a number of petitions against the union of th• sees of St. Asaph and Bangor. CORN-LAWS. The Marquis of SALISBURY presented a number of pe titions against any alteration in the corn-laws. (Mr. J. O'Con611) could only wish that other Irish landlords were like him.- 7 - (Hear, hear.) With regard to the circum stance of the burning of his Lordship's stables and the poi soning of his hounds, he (Mr. J. O'Connell) had heard that was the act of a refractory servant, and that the people of the district had expressed the strongest feelings of annoyance at the circumstance. —(Hear, hear.) After the explanation of the Gallant Officer, there was but one course open to him (Mr. J. Connell), and that was to express his sorrow for what he had said, and he had now great pleasure in addi ng th at h e was glad to find he had been nits. t.( Hear, hegr.) COMMONS' SUMMARY. Mr. O'CONNELL admitted that the Marquis of WAszn. FORD was one of the best landlords in Ireland, and ttiat his ami able Marchioness vas continually employed in. acts of charity. Mr . C. WOOD, as the chairman of the Bridport Election Committee reported that the Committee had come to the resolution that Mr. B. COCHRANE had not been duly elected, but that Mr ROMILLY had. The Clerk of the Crown was ordered to attend to-morrow to amend the return. A discussion then took place upon a question put by Mr CHRISTIE, relative to the petition against the return 4ir Mr: B. CocrmANE, which ended in Mr. GEOILGE BANKS giving notice of his intention to-morrow to move that the peti tion be printed. (LEFT SITTING.) RAILWAY SIIARE MARKETS.. BRISTOL, APRIL 25. STOCK EXCANORE.—The sales are —Birmingham and Gloucester, 12114—Bristol and South Wales Junction, I— Caledonian, 6% d 31% —South W a l es, 1 1-16 ---Taff Vale, 131—D u t c h ilathneL N', Rhenish, MANCHESTER, Aram 25. STOCK EXCITANGE.-The sales are-Birkenhead and Holyhead Junction, 1% dis.-BlackbUra, Clitheroe, arid North Wales, I% dis. -Chelmsford l :t de, is. - Chester and Manchester, Direct, 2 p.-Direct Northern, 6 dig.- ,;.6 d di s. - D a e n r Bury, by a nd Crewe, Eastern Counties, 2 is. Gd.-Exeter and Exmouth, % dis.-Exeter, Yeovil, and Dorchester, 1 dis. - Huddersfield arid Sheffield Junction, 316 p.-Liverpool, Onnskirk, and Preston, % p.-Liverpool, Pres ton, Manchester, and Southport, % dis.-London and Manchester (Remington's), 345. 6d. dis.-London and York, 1 dis.-Manchester, Buxton, and Matlock, par - Manchester and Birmingham, Quarters (II), 9% 'J.-Ditto, ditto (C), 7 9-16 p.-Manchester and Leeds, Fifths, 5% p. - Manchester and Southampton, dia.-Northumber land and Lancashire, Gs. Gd.-North Staffordshire, 475.-Oldham, Birk enhead, &c., I dis.-Preston and Wyre, 35 -Ditto, halves (A), 3 p.- Ditto, ditto (B), p.-Sheffield and Lincolnshire Junction, 16 dis.- Sheffield and Manchester, Quarters (No. 1), 4% p.-Ditto, ditto (No. 3), N.-South Eastern and Dover, Consolidated (No. 3), 1 p. -Ditto, Halves (No. 4), 3s. 9d. dis.-West Riding Union, 1% p. LEEDS, APRIL 25. STOCK EXCHANGE.-The Government measure for facilitating the winding-up of railway schemes appears to afford great satisfaction, and has done much already towards restoring confidence and re establishing the share market on a healthy and firm basis. The value. of most old stocks has been enhanced since the issue of our last week's circular, especially Eastern Counties, Edinburgh and Glasgows, Brightons, South-Westerns, Midlands, Newcastle and Darlingtons, North British, and Dovers; arid the tendency of our market to-clay is again upwards, but with perhaps not quite so much business doing. Many scrip stocks continue to be sold at heavy discounts, as the propositio9. of Sir Robert Peel affords an op portunity for the majority of the scripholders in a scheme to insist on its continuance against the will of the minority, without, as was expected, permitting those desirous of withdrawing from the concern to do so en paying their proportionate amount of expenses incurred.. Such a clause appears to us desirable before the measure can be &WI fully to effect the object for which it is intended. The better class of scrip partakes of the improvement manifested in the shares of existing lines, and among others may be mentioned West Ridings, Eastern Counties (York Extensions), and East Lancashires (No. 2), as having a better appearance on the market. The sales are-Eastern CountieS, York Extension, 22s p.- Sheffield and Manchester, Quar ter Shares, % p.-East Lancashire, No. 2 (late Accrington), 325. 6d. p.-Great Grimsby and Sheffield, 5 dis. - Huddersfield and Manches ter, 1 dis.-Huddersfield and Sheffield, 316 p.-Leeds and Bradford, 27 p.-Leeds and Dewsbury, 1 1 ,6 dis.--North British, 5% -Ditto, New Carlisle Branch, 11 p. - Ambergate, Nottingham, and Boston, 255. dis.-Essex and Suffolk, 16s. dis.-Glasgow arid Dumfries, 15s. dis.-Lancashire, Yorkshire, and North-Eastern, 275. dis.-Liver peol, Onnskirk, and Preston, 1).-London and Manchester (Rem.), 345. dis.-Manchester, Buxton, Matlock, and Midland, 1 p. -Mid land and Thirsk Junction, I dis . - Northumberland and Lancashire Junction, IGs. 6d. dis.-North Western, 7s. dis. -Welsh Midlands, 235. dis.-West Riding Union, 314 -York and Carlisle, 28s. dis. HULL, APRIL 25. STOCK EXCPIANGE.-The sales are-Midland, 401. Shares, 30%- York and North Midland (East and West Riding), 8% -North Bri tish, Carlisle, 3Gs. 3d.- Chelmsford arid Bury, 11s. 9d.-East Coast, 205.-Hull and Barnsley Junction, 235. 3d. -Leicester and Tamworth, 21 :5.-Northampton Bedford, and Cambridge, 245. 3d.- North Staffordshire, 4/. 78.-South .Midland, 415.-West Riding Union, 31. lls. 6 d.-Yorkshire and Glasgow Union, 225. SHEFFIELD, APRIL 25. STOCK EXCIIANGE.-The sales are-Grimsby and Sheffield, Exten sion, 1/. 25.-Ditto, Quarter Shares, 155.-Ditto, Railway and Dock, 2 -Huddersfield and Sheffield, 10 1 4 - Derby and Gainshorough, 14s. - Sheffield and Lincolnshire, 18s.- Sheffield, Buxton, Leek, Potteries, and Crewe, 13s. 1.41. NEWCASTLE-UPON-TYNE, APRIL 25. STOCK EXCHANGE.-The sales are - Lancashire and North York shire, 19s. dis.-North British, Carlisle, 14 p.-North Staffonlshhas. 2i, p.-Neweastle and Carlisle, 103- Northumberland and Lanca shire, 18s. dis.-Rugby and Huntingdon, 16s. Gd. dis.-West Riding Union, 1% p.-York and Carlisle, 265. Gd. dis. EDINBURGH, APRIL 24. STOcK EXCHANGE. --The sales are-Aberdeen, 3/..-Ahercleen,BanM and Elgin, 1/. 55.-Airdrie and Bathgate, 21.-Arbroath and For far, 271.-Ditto, Half Shares, 151. 10s.-Armagh and Portrush, 10s.-Ayr arid Galloway, 11. N.-Ayrshire and Bridge of Weir, 21. 25.-Banffshire, IN.-Belfast and County Down, V.-British and Irish Union, 2/. 33.-Caledonian, 101. 10s., ex new,-Ditto, New, 11. 55.-Caledonian Extension, 1/. N.-Caledonian and Dumbarton, 1/. Gs. Gd.--Caledonian and Northern Direct, 1/. 17s. Ed.-Carnwath and West Linton, 11. 25.-Chelmsford and Bury, 158.-Clydesdale Junction, 121.-Cornwall and Devon Central, 11. 10s.-Deeside V.-Direct Northern, U. IN.-Dublin and Enniskillen, 1/. 10s. -Dundee and Arbroath, 391.-Ditto, New, 211.-Dundee and For far Junction, IL IN.-Dundee and Perth, 151.-Ditto, Kinross Ex tension, 21.-Eastern Counties Extension, 11. 55.-East Indian Rail way, 9s. 9d.-East of Fite, 1/. 108.-East Lothian Central and Tyne Valley Junction, 1/. 75.-Edinburgh and Bathgate, 2/. Os. 64.- Edinburgh and Glasgow, 721.-Ditto, Half Shares, 161. 55.-Ditto, Quarters, 171. 10s.-Ditto, ditto, New, 1 5/.-Edinburgh, Glasgow, arid Dumbarton, 195. 34.-Edinburgh and Leith Atmospheric, I/. 3s. Gd.-Edinburgh, Leith, and Granton, 161.-Ditto, Preference, 181. -Edinburgh and Northern, 4/. Bs. 6d.-Ditto, Newport, 10s.-Ditto, Lochgelly, 18s. 3d.-Edinburgh and Peebles, 1/. N.-Edinburgh and Perth, 21. 65.-Edinburgh, Portobello, and Musselburgh, 1/. 10s. -Forth and Clyde Junction, 1/. 14s. 6d.-Glasgow and Ayrshire, 701. 10s.-Ditto, New Stock, 281.-Ditto, Quarter shares, 171. 10s. -Glasgow Belfast Union, IL Bs. 6d.-Glasgow, Duinfris and Car lisle, 1/. 135.-Glasgow and Dundee Jun ction 11. 10s. 6d , Glasgow and Garnkirk, 401. 10s.-Gl asgow General Terminus, W.-Glasgow and Greenock, 191.-Ditto, New Stock, 10/.-Ditto, Preference, ll. 155.-Glasgow Harbour Grand Junction, 11. 10 s.-Glasgow Har bour Mineral, 1/. 155.-Glasgow, Kilmarnock, and Ardrossan, IL N.-Glasgow, Stratliaven, arid Lesmahagow, 2/. Is. 6d.-Granton Junction, 10s.--Great County Down, 1/. 1 0s.-Great North of Scot land, 11. Ils.-Great North and South Wales, 9s. 4d.-Inverness and Elgin, 1/. Os. Gd.-Lanark arid Lothians, 21.-Larne, Belfast, and Ballymena, 11. ls.-London and Hounslow, 155.-London and Man chester (East.), 31. 5s -London and Manchester (Remington's), IL - London and York, 1/. IN.-Ditto, Half Shares, 21.-Midland and Eastern Counties, IL-Neweastle and Berwick, 171. 10s.-Moray shire, H.-Newry and Londonderry, 1/. 75.--North British, 261.- I)itto, Halves, 81. 55.-Ditto, Extensions to Carlisle, 1/. 145.-Ditto, Extension to Dalkeith, 61.-North Wales, Mineral, W. 10s.-Ditto, New, 21. 10s.-Perth and Crieff Direct, IL 12s. 6d.-Perth and Inver- ness, 1/. 10s.-Scottish Central, 131. 108.-Ditto, New, Si. 55.- Scottish Central and Caledonian Junction, 1/. 6s -Scottish Grand Junction, 155.-Scottish Midland, 61. 7s. Gd.-Scottish Southern, 11. 13s. 6d.-Shrewsbury and Hereford, ss.- Shrewsbury, Oswestry, and Chester, I/. 158.-South Midland, 1/. 17s. Gd.-Stirling anal Dunferm line, IL 165.-Stirling arid Midland, 2L-Strathearn Junction, 1/. 2s. 6d.-Surrey Grand Junction, 55.-Tenn and Dove Valley, 155.- Wishaw and Coltness, 471. 7s. Gd. GLASGOW, APRIL 25. STOCK EXCHANGE.-The sales are-Ayr and Galloway, 235. 6d. -Banffshire, 205.-Caledonian Extension, Oft-Caledonian and Ayr shire Junction, 408.-Caledonian and Dumbartonshire Junction, 295. 6d.-Carnwath and We,t Linton, 225. 6 d.-Cornwall and Devon Cen tral, 325.-Direct Northern, 298.-East Lothian Central and Tyne Valley, 235.-East Indian Railway, 9s. 9 d.-Edinburgh and Northern, 4 -Ditto, Lochgelly, 1 75.-Edinburgh and Peebles, 265.-Forth and Clyde Junction, 355. 6d.-Glasgow General Terminus, 91.- Glasgow and Belfast Union, 345. 6d.-Glasgow, Kilmarnock, and Ayr, New, 301.-Glasgow, Dumfries, and Carlisle, 368.-Glasgow, Kilmarnock, and Ardrossan, 265. 6d.-Kilmarnock and Ayr Direct, 378.-Lanark and Lothians, 413.-Perth and Inverness, 315.-Perth. and Crieff, 325. 6d.-Scottish Grand Junett,., 12, -Scottish South ern, 365.-Slarnannan, 251.-Stirling and Dunfermline, 363.-WishaW and Coltness, 47%. FALKIRK DISTRICT OF BURGHS. LORD LINCOLN. The following paragraph appears in the Glasgow Herald of Friday . " It will be observed, from our ad vertising columns, that Mr. Baird, of Gartsherrie, the representative of the Falkirk district of burghs, has accepted the Chiltern Hundreds, and that the Earl of Lincoln has offered himself a candidate for the vacant seat. The fact that his Lordship has done so is the best comment on the unsoundness of the rumour which has been recently circulated concerning an immediate disso lution of Parliament. Lord Lincoln's chances of success are of the most flattering kind. Mr. Wilson, of Dundyvan, it is well known, holds a requisition, lately presented to him, inviting him to allow himself to be put in nomination for this district of burghs, and s;gned by a large number of the electors. But Mr. Wilson, having been conferred with on the part of Lord Lincoln, and anxious to strengthen the hands of Sir Robert Peel in carrying his free-trade measure, readily agreed not to claim the suffrages of the electors at this time, provided his re quisitionists would go along with him in this. He has been holding meetings in the different burghs with this view ; and we are glad to learn that tne requisitionists generally acquiesce in the expediency of the measure at this time ; so that Lord Lincoln has every chance of being elected member for these burghs." We have seen a copy of the noble Lord's address to the constituency of the Falkirk Burghs. He grounds his claims to their suffrages entirely on his identification with free-trade principles. " I seek," says his Lordship, "your suffragesonpublic grounds. I know that y ou h ave no t b ee n unobser vant of the struggle which is now pending in Parliament, and I believe you desire the success of those measures which her Majesty's Government has proposed to the Legisla ture, and is now earnestly endeavouring to carry into effect. As a warm advocate of those measures for the amendment of our commercial policy —as one who has lately had occasion to show the sincerity of his attach ment to those measures, and his convlction of their ne cessity and value to all classes of the community, I ven ture to ask you to return me to Parliament as your re presentative, and thus strengthen the hands of a Govern ment which has considered no honourable sacrifice too great e t o o p laec accomplish ni concerned,Pisj Ia an object in whi c h th e we lf are of and for the attainment of which it has not hesitated once to abandon power, and now to make the greater sacrifice of party attachments and long cherished friendships." We are enabled to state, from private sources of in formation, that there is no doubt whatever of the Noble Lord's success. " Emilia 'Wyndham," by the author of " Two Old Men's Tales," &c. This st ory t urns upon the life-struggle of a high-minded devoted girl, whose nobl e p er f ormance of what she sees t o be her duty, conducts her at last through the roughest and most unpromising paths, through the sternest and saddest sacrifices, through the most affecting patience and self-denial, to a solid and s acre d h app i ness. We question if this idea has ever been unfolded into such sweetness, or adorned with so much of that inestimable wisdom which belongs to the common and daily trials, and to the needful mutual forbearances of hearth and home. "Emilia Wynd ham" is a masterpiece—the characters are real, the incidents unforced, and the whole story a delightful combination of the natural, the passionate, and the wise. It is, indeed, a most beautiful tale, with a charming, tender moral. Can novel readers desire more 1 We shall lay it up among our especial favourites, with the "The Simple Story," and " Mount Sore]." —Examiner. On the 19th DIED. inst., at West Brix ton, Thomasin, the wife of Mr. G. Fagg, aged 53. On the 20th inst., at Rtirwood-place, James Thomson, Esq., of Billiter-square. On the 20th inst„ Mr. John Cowie, of Helles-street. On the 21st inst., at Rose-hill, Sydenham, Iklarianne, wife of T. Williams, Esq. On the 22d inst., at Greywell, neer Odiham, Hants, Mr. D. White. On the 23d inst., at Brighton, Mr. Oliver Hinman, of Worthing. On the 23d inst., in Devonshire-street, Miss Gordon, aged 06. On the 23d inst , in Clotidesley-terrace, Islington, Mary, the wife of Mr. Benjamin Perkins. ----- London: Printed and Published by ATURDO YOUNG, of No. 11 2, Strand, Printer, at The Sun Office, N 0.112, Strand, in the Precinct of the Savoy, in the County of Aliddleo; yonday. Apra 27, 1846.