The Sun. — London, England, 1849-08-09 00:00:00

LAW INTELLIGENCE. VICE.CFIANCELLOR'S COURT, Aug. 8. WHISTON V. THE DEAN AND CHAPTER OF ROCHESTER. The following judgment has been delivered by Vice- Chancellor Wigram in the case which was argued before him for three days last week : The VICE•CHANCELLOR—At the close of the argu ments in this case, I recognised the undoubted j urisdic • tion of this Court in all cases of trust, in the sense in which that word is used in this Court in the ordinary case of trustee and cestuique trust. The first question to be determined in this case is, whether the relative positions of the defendants and of the plaintiffs are those of trustee and cestuique trust. That this is the first question to be determined is mani fest from the reasoning of the Court in all the cases, be ginning with " Phillips v. Bury," 2d Term Reports, and " Green v. Rutherforth," Ist Vesey, sen., down to and including the " Attorney-General v. Magdalen College, Oxford," 10th Beavan, 402. The answer which I feel compelled to give, after examining (I believe) every case that was cited in the argument bearing , liven it, is that this is not a case of trust, in the sense above explained, bat that the Master, upon the true construction of the statutes, ought to be considered only as an officer of the cathedral church, appointed for the purpose of performing one of the duties imposed upon the cathedral church by the will of the founder. I cannot in this case, for the purp)se of the question I have to determine, distinguish the position of the Master in this case from the position of the Master in the " Attorney-General v. Magdalen College, Oxford;" or from the other cases in the books in which similar ques tions have arisen between collegiate bodies and persons holding offices appointed by the founder, but which per sons brave not been members of the collegiate body. I catine t, upon the construction of the statutes in this case, sap%hat the Master is not one of the " Ministri" spoken of - in the statutes. But if the contrary of this could be - maintained, I cannot discover a ground for holding that tb.eMesteris acestuique trust of the cathedral church Daly, leeeause he receives a stipend payable out of the common funds of the defendants, which would not equally oblige me to hold that every officer, mentioned in the statutes, to whom a living and a stipend are given, is also a cestuique trust, The case of the "Attorney-General v. Magdalen College, Oxford," is a direct authority in point, and I am satisfied with following that authority. Excluding, then, the case of trust, and assuming also, what certainly I am not disposed to question (though I give no opinion upon the point), that the removal of Mr. Whiston from the Mastership, without hearing him in his defence, was a wrong—the question is, in whom is' the jurisdiction to redress that wrong? If there be a visitor whose powers are not so circumscribed as to exclude the jurisdiction, I apprehend it is clear that the jurisdiction must be in that visitor; and that his decision upon the point is final. This is so broadly stated in all the cases since "Phillip v. Bury," that it cannot be necessary I should refer to authorities in support of it. The case of " The King v. the Bishop of Chester," Ist Blackstone, 22, shows that the rule applies as well to cathedral as to other bodies. The jurisdiction of the Court of Queen's Bench may be called in by mandamus to compel the visitor to act ; and the jurisdiction of that Court, and, in some cases, of the Court of Chancery alio, may be called in by prohibition to restrain the visitor from exceeding his jurisdiction ; and where there is no visitor, or the power of the visitor is extinct or suspended (Manchester College case), or is not pleaded in proceedings for a mandamus (Bentley's case, Fortescue), the Court of Queen's Bench may be the proper Court to redress the wrong. Atten tion to these distinctions will reconcile with the law, as I have stated it, much that was pressed upon me in ar gument by the plaintiff's coansel. In this case lam called upon to decide that the Court of Chancery has jurisdiction by bill, as matter of course, to try the mat ter in dispute between the plaintiff and the defendants. In making the inquiry whether this proposition is well founded, I need not determine whether the Bishop of Rochester is in this case the visitor, or whether, if he be the visitor, he has such an interest in the matter in dispute as to occasion, pro hac vice, a suspension of his visitorial powers, or whether the right of visitation is in the Crown, to be exercised by the Lord Chancellor upon petition, or whether the plaintiff could, by an applica tion for a prohibition, have protected himself against the continuance of the wrong of which he complains (as in the case of the Dean of York), or, lastly, whether the Court of Queen's Bench could by mandamus order the plaintiff to be restored to his office. The only question I have to determine is whether the Court of Chancery, in the exercise of its ordinary jurisdictions by bill, in a case in which no trust exists, can try the plaintiff's right to the office of schoolmaster, from which the defendants have exercised the power of excluding him. lam ca opinion that this question must be answered in the nega tive. Excluding trust, I cannot find a single authority which supports the proposition. I could, on many ac counts, have wished for the opportunity of explaining more in detail the grounds on which the above opinion has been formed ; but having come to the con clusion I have stated, I have thoueht it best to give the parties the earliest possible opportunity of having my judgment reviewed, if it should be thought erroneous. One °trier point remains to be mentioned. It was said for the plaintiff, that the Court, at all events, would preserve things in statu quo until the right should be determined by the proper tribunal. That this was not the object of the bill as originally -Ilona is manifest. The object of the bill, at the time he argument commenced, was to obtain the judg moat and decree of this Court upon the main question, namely, the plaintiff's right to the office of schoolmaster, notwithstanding the acts complained of. The bill, as amended by consent during the argument, has made it a bill for the execution of the trust, and not a bill for the protection of property, pendente lite, which is a bill of a special character. But waiving all objection upon the ground of form, I cannot recognise the general pro pesition that in every case of a dispute arising about a right of office, or other legal rights, the Court of Chan cery can be called upon, as a matter of course, to prevent the claimant from being displaced until the right shall have been tried ; and no special case for the interfer ence of the Court has been made before me. There are numerous cases even of irreparable mischief where the Court has refused to interfere between adverse claimants, where no ultimate relief could be had in this Court. I regret, therefore, being under the necessity of refusing this motion with costs Mr. Gough, solicitor for the plaintiff; Messrs. Knight and Knight, Essex-street, for Messrs. Essen, Hayward, and Essell, of Rochester, solicitors for the Dean and Chapter. COURT OF BALVKRUPCY, Aug. 8. (Before Mr. Commissioner Homtovp.) IN ItE CRUICKSHANK, MELVILLE, AND STREET. The bankrupts were merchants carrying on business in Austin-friars. They applied for their c?rtificates in May last, Mr. Lawrance appearing for the bank rupts, and Mr. Denton for Messrs. Freshfield, the soli citors to the Bank of England, who were the petitioning creditors. His HoNoun. now gave judgment. The firm of Messrs. Cruickshank, Melville, and Street was one on the list of houses whose failure was announced during the eventful time of which I have been speaking; they carried on business as East and West India mer chants. Messrs. Trneman and Cook, colonial brokers, were, in 1843 and 1844, largely under advances to the bankrupts ; and on the 31st of December, 1844, the debts due to Trueman and Cook amounted in round figures to 89,000/. As security for this there were from time to time deposited title-deeds and other documents relating to several plantations, ships, and properties, and undertakings by letter, in the shape of equitable charges. The total amount due to the creditors of Cruickshank and Co., on the Ist of January, 1845, was about 396.0001. But taking their debts at that time, consisting of good debts and consignments abroad, pro duce abroad, ships and shipments, and taking them al the value at which they are estimated in the capital ac count, there appears a balance in favour of the firm of about 36,0001. The bankrupts were justified in esti mating their debts and properties as good to the full extent for which they take credit in their capital account on the Ist of January, 1845. But the realisation since then, and the amount which is expected to be realised, shows a sad and ruinous loss of about 190,0001, or nearly 50 per cent. The amount of the liabilitiesin January, 1845, is I think thus accounted for. His Honour then went into a lengthened statement of the accounts of the firm. About the 7th of July, 1845, the bankrupts, by deed, assigned to Messrs. Trueman and Cook, or rather to James Farleigh and others, two of whom were clerks in Messrs. Trnernan and Cook's employ, property and debts, valued at that time at 131,510/., which may be considered the greater portion of their estate, in trust I to secure the payment of the debt due by the bank rupts to Messrs. Trueman and Cook, which was 89,0371. on the Ist of January, 1845. Under this deed the trustees were authorised to make advances for the purposes of the estate, and to realize it at their discre tion; and after the payment of the debt due to Messrs. Trueman and Cook, the residue was not to be held in trust for the bankrupt's other creditors. Notwithstanding this assignment, the bankrupts in their books continue to treat the property as their own. The trustees have realized the property, and the security and proceeds have been paid to Messrs. Trueman and Cook, who, since the fiat, have tendered an account, which has been adopted by the bankrupts, showing an excess of payments beyong receipts, thereby increasing their debt to 117,608/. In the memorial which the bankrupts have laid before me they say they are desirous of drawing my attention to the chief motives and reasons for making thisc_ assignment. These reasons are, the importance of rg_en effectually and continuously the cultivation ,heir West India property; and by the execution of secured, in . trust, they consider that their object was th at benefit of all concerned, as well as of that time that 171' and Cook, as it was fully expected at supply the mettuesproperties would not only eventually leave a surplus for the the claims, but would say, it was considered With this view, they ttrtnera.desirable to obtain hearty co-operation of M m e °lt that this was really effecteds.h r n t h e : o v da e : l i d d au n do e saol e ir . cithe quently made upon them affortdeedbaea s i ul t ) t s nd not announced further say that this assignment, They e. by circular, was known to their bat prietors of those West India estates on:wrsi:toieth°ntte7hrad°- been obliged to make such advances whole of their unsecured creditors ; and tht:tar i l t y the was, is all but universally known. They also state thats the assignment was not wholly a new tran saction, but was, to a great extent, merely the putting into a formal and legal shape several equitable assign. merits which had been made to them at_ various dat es previously, for advances made t o the bankrupts. They taso say that neither was it an assignment of the whole 'or their estate and effects, but that they had other assets 'in hand. Notwithstanding those further explanations, I think there can be no doubt that the bulk of the bank rupt's property passed from them to Messrs. Trueman and Cook. It is also clear that that assignment passed to Messrs Truman and Cook property on which they bad no previous equitable charge. Here the bankrupts were not' only following mistaken judgment, but they proceeded to carry out their views in a culpable manner, and, although success would have prevented an exami nation, the contrary allows no justification of the means. The moment the bankrupts signed that deed their inde pendence as merchants was gone. They are chargeable with another breach of commercial duty in treating the property and debts so assigned as their own, in con tinuous accounts —treating it, in fact, as if no such assignment had been made. The Bank of England was ignorant of this assignment ; the circum stance came upon them by surprise. The intention of Messrs. Cruickshank. and Co. in making it may have been good; this may in some measure extenuate though it cannot be an excuse to justify their deviation from the plain and obvious rules of duty. In business in their own name, apparently as free agents for their own account, and although as between themselves it might be understood that no new engagements were to be entered into, still in all contracts concerning negotiable paper, as well as in all other business transactions, any one of the partners had the full power to bind the firm. The partners, by their proceedings, reciprocally gave to each other the power of acting one for the other in the partnership business, in the same manner as if no assignment had been made to Messrs. Trueman and Cook. Each of the parties was the cause of confidence or credit being reposed in the firir, in any matter in which the partnership was concerned. During that period it appears that Mr. Street, in August, 1847, without consulting his partners, took the bill for 7,8001., which was drawn by him in the name of the firm, Cruickshank, Melvin; and Street, and accepted by Trueman and Cook, to the Bank of England for discount. The bill was discounted, and the amount was handed over to Trueman and Cook for the purposes of the assignment. With respect to the discount of that bill, the bankrupts say that Mr. Street, being aware how very generally it was known in the City that the firm of Cruickshank, Melville, and Co. had been for nearly two years in difficulties, and during that time been supported and Cook, k, he considered in reliance sideredtbat on b by illw le a s s ..sr d s isc T an o r u u n e t m edby the Bank the names of Trueman and Cook, whose credit stood very high, as is evidenced by the fact that, at the time of their suspension, the Bank held their acceptances to the amount of 60,000/. Judging l or e cl a i n n n a e ry t ennl ru e le to s p n l t i h c e a r b l e e n n l t however, of the discount of th at bill b y t he h o s nsuch thattr a n s a t c h t e i o d n t s . . any a rectors of the Bank were in reality deceived, and that the deception was as real, if not as palpable, as if the bankrupts had made a direct false representation of the state of their affairs. There is another circumstance affecting Mr. Melville and Mr. Street. I allude to the arrangement in July, 1846, for a new partnership with the son of Mr. Oddy, with the obligations of the old firm still upon them, and the more questionable fact of the assignment hanging over them. Actions which are ad judged criminal in a small trader cannot be admittedlin any conjuncture of circumstances to be less so in a mer chant. The same sort of action must be generally per mitted or forbidden. So, in judging of any commercial delinquency, we must look to the general consequences, rather than to the particular ones; and these must be es timated by asking what would be the mischiefs produced by the general toleration of actions of the same sort. Applying this question to the proceedings in connexion with Trueman and Cook, and to the discount transaction with the Bank of England, to mercantile men, the answer must be obvious. After duly weighing all the circumstances of the case, the Court feels bound to ad judge that the certificate of Mr. Street be suspended for twelve months, and those of Mr. Cruickshank and Mr. Melville respectively for six months from the date of the hearing of their application. ASSIZE INTELLIGENCE. OXFORD ClRCUlT.—Monmouth, Aug. 7. The business was brought to a close last night at half-past eight. This day the commission is to be opined at Gloucester, and to-morrow business begins at ten o'clock, contrary to an ancient custom, according to which the Judges attended Divine service at the cathe dral on the morning after the commission day, and went into court at twelve o'clock. NORTH WALES ClRCUlT.—Chester, Aug. 7. (Before Mr. Justice MAIILE THE BIRKENHEAD, LANCASHIRE, AND CHESTER• JUNE, TION RAILWAY COMPANY V. PILCIIER. This was an action for calls upon 130 shares held by the defendant; the defence to which was that the defen • dant was a minor, and therefore not liable on his con• tract. Mr. Townsend and Mr. Welsby were for the plaintiffs, and Mr. Brandt appeared for the defendant. The plaintiffs proved their case by putting in the minute-book of the company, signed by the chairman, and containing an entry of the call; also a notice to the defendant by letter, that he must pay the instal ments. The defendant put in a transfer cer tificate of the registry of the shares in the defendant's name, which proved no more than the mere fact of re gistry, and he was unable to show, under the notices given to the other side to produce books and docu ments, that at the time when the calls were made he was a minor. The father of the defendant swore that the de fendant was born on April 7, 1827, consequently that he was not of age till April 7, 1848. The secretary of the company acknowledged that the certificate of transfer put in by defendant was in his handwriting, and that it showed that defendant was holder of shares on March 7, 1848. The Learned JUDGE directed the jury to find a ver dict for the plaintiff* for 3101. 14s. 6d., the amount of the calls, with leave to move the superior Court to enter the ♦erdict fcr the defendant if the Court should be of opi nion that the defendant had sufficiently proved his case by the production of the certificate of registry, and that the contract took place at the time of the transfer and registration, and not at the time of the making of the calls. THE SUN, _LONDON, THURSDAY EVEIIetTIN'G , AUGUST 0, 1040, ANGLO-ITALIAN RAILWAY. (THIS DAY.) The general meeting of the shareholders of this company, which was postponed from the 17th of July last, took place to-day at the London 'Cavern. Wm. JACKSON, Esq., the chair man o f t h e company, rook the chair shortly after twelve o'clock, and in doing so sta`el that he had been in hopes that at the present meeting the directors would have been enabled to state to the shareholders that they had received the guarantee from the Tuscan Government. He was sorry to say they were not in a condition to make that gratifying announcement, but he would state that he had that morning received a letter from th e i r resident director in Itay, stating that he hoped speedily to obtain that guarantee. The Registrar of Railways had called upon the company to execute a deed of settlement. Now this he had a strong objection to, and there was only one way to get over that difficulty, which was to convert the Anglo Italian Railway into Maria Antonia rail way stock, by which means the Anglo-Italian Rail way Company would merge into the Maria Antonia Railway Co:npany, and thus put an end to the neces sity for any deed of settlement. The directors were prepared to submit certain resolutions to the meeting on that subject, and also for the purpose of protecting their property from their creditors in Italy. He was happy to say that during the conflicts that had taken place in that country their property had been respected ; and, from the accounts that had been re ceived up to the present month,i the traffic on the short portian of, the line opened had considerably increased: The following is the report of the directors "In the last report of the directors they alluded to the unexpected and almost overwhelmniug difficulties with which they had had to contend in the administra tion of the affairs of the company. These difficulties, so far as they arose from the pressure on the money markets throughout Europe, have been since materially diminished; but in Italy they have unfortunately been ; succeeded by othi•rs, caused by political disturbances. I The revolution in Tuscany has not only checked, to a serious extent, the traffic of the company's railway, but has:compelled the directors to delay giving effect to the resolution adopted at the last meeting as to the expedi ency of completing, as soon as possible, the line to Pistoja, and obtaining from the Tuscan Government a guarantee of 4 per cent. on the capital of the compa n y. Th e G ran d D u k e, previously to quitting his dominions, had consented to this guarantee, and a law was prepared and presented, as a Go vernment measure, to the Legislative Assembly, which, it was fully expected, would have passed it; but in conse quence of the revolution which then took place the fur therprosecution of the measure was inevitably suspended. Since the restoration of the government of the Grand Duke the Count de St. George has renewed his exer tions to obtain this guarantee, with expectations of success. " The shareholders are aware that the first division of the Maria Antonia Railway, from Florence to Prato, about eleven English miles, was opened on the 31 Feb., 1848. Notwithstanding the stagnation in business in every branch, and the interruption to the usual visits of foreigners to Italy, occasioned by the state of public affairs, the number of passengers during the first year, ending 2d February, 1849, has been 415,016, averaging 37,728 per mile; a number, it is believed, far exceeding that on any other railway of the same length, and between two cities of similar population ; and although, in conseqnence of the majority of the passengers having been of the third class, and the present low fares of this class, the returns have not been commensurate with this extraordinary movement, the directors cannot but consider it as afford ing a satisfactory indication of the capability of the line, when more favourable circumstances shall allow of its lull development. !Tuscan livres. The gross Receipts have been The working expenses are estimated at 169,036 16 4 5,634 11 7 Leaving the. nett Re ceipts 74,973 . 10 . 4 2,499 2 0 " The above nett receipts are liable to a claim of the directors in Italy for salaries, to be fixed at a general meeting, in conformity with the statutes of the com pany. The claim is calculated at 4 per cent. on the nett receipts, or about 1001. sterling. The working expenses are stated as an estimate, for the railway not having been completed when the line was opened, it was not easy, at first, to keep an exact distinct account of some of the items, particularly labour, as applicable respectively to construction and working. It is also impossible, on the opening of the line, to find persons sufficiently expe rienced to allow of a reduction to the lowest number consistent with safety. Considerable alterations and reductions have, however, been lately made, and the estimate has been framed accordingly. On the eleven miles now opened, the trains stopped during four months at six stations. One has since been discontinued; and as it is intended to have only one intermediate station on the second division of eleven miles from Prato to Pistoja, the expenditure on the whole line, when in ope ration, will be, in proportion to the mileage, much di minished. " A new tariff; with a redaction in the second class, and an increase in the third•class fares, has been re solved on, to commence on the Ist instant, which is ex pected to add considerably to the revenue. " The receipts from goods have been hitherto very trifling, and having arisen more from extra weight of passengers luggage than from merchandise, they have been included in the passengers' fares. The goods expected to come ou the line are chiefly from Bologna, and the country round Pistoja, Peseta, and Lucca, where ' there are paper, iron, and other manufactories; and the benefits of this traffic cannot therefore be realised till the line is opened to Pistoja. " The importance of making the remaining eleven miles of the line from Prato to Pistoja, and the advan tages likely to result from its completion, were fully pointed out in the last report, and are too obvious to re quire further comment; but the directors deem it better to defer proposing any plan for raising funds for this purpose until it is known whether the guarantee of four per cent. will be granted by the Tuscan Government, a point which must be very shortly ascertained. " The issuing of debentures for the purpose of pro ceeding with the second division of the line has hitherto been impracticable, in consequence of the want of con fidence arising from the political state of Italy; and de bentures have only been used to the extent of 5,3501., given in discharge of some of the former liabilities of the company. No progress has yet been made with the second division of the line beyond the requiste surveys and levelling. _ " Of the line from Pisa to Pistoja, which will when completed prove a considerable feeder to the Maria An tonia Railway, four additional miles from Altopascio to Pescia were opened on the 26th December last. With the remaining fourteen miles from Pescia to Pistoja, which it is expected that the Government will finish, little or no progress has been made for some time, in consequence of the late revolution, but the Government will now, it is fully expected, proceed with the works. Interest on the capital at the rate of 4 per cent. has been guaranteed by the Government, and it is clearly their interest to complete the line. Negotiations are in pro gress for the working of the line by the Maria AntoLia Company, which will be an additional source of profit, their rolling stock being ample for the purpose. " Mr. B. H. Babbage, who has been resident engineer of the railway since its commencement, has lately re turned to England, and has presented a report, of which a copy is annexed, and by which it will be seen that his estimate of the sum requisite to complete the second di vision—of the company's line from Prato to Pistoja is 2,603,267 Tuscan livres, making at 30 livres per pound sterling ... ••• •• ••• £86,776 which, added to the amount already expended, and chargeable to the Second Division ... 49,584 makes the total chargeable to the Second Dtvision ••• ••• £136,360 and the expenditure on the First Division hav ing been ... ... 177,129 the total cost of the 22 miles would be ... £313,489 which sum exceeds the amount formerly estimated; but as the forfeitures for non-payment of calls also greatly exceed what was expected, the actual cost to those shareholders whose interest in the undertaking continues, will be still within the original estimate of 8,000,000 Tuscan livres, or 266,0001. sterling, the sum on which the interest of 4 per cent., if guaranteed by the Govern ment, will be payable on the completion of the line to Pis toj a. " Of the amount expended, as above stated, here are still liabilities in Italy, which have been some time due, amounting, as appears by the statement of the account of the Maria An tonia Company, appended to the report, to , 25,000 and debentures due in 1854 ... ... 5,350 against which ther e are h ouses and land to be £30,350 sold, of the estimated value of ... ~. 4,650 making the balance of liabilities ... ... 25,700 and if future calls are paid on 200 Maria An tonia shares held in Italy, the amount to be provided by the Anglo-Italian Company will be further reduced by ... 4,400 making the nett amount to be provided ... £21,300 " The liabilities wore stated in the last report at about 34,0001_ and it was calculated that the call then made of IL per share would have more than provided for thorn; but in this expectation the directors have been disappointed; the compensations for land having, in many instances, exceeded the estimated value, and several additional but unavoidable outlays and expenses having been incurred; while, on the other hand, the call was paid on a far less number of shares than was expected. The number of shares on which 31. per share had been paid was then 44,907, and the number on which 41. had been paid. 35,671; and some of the holders of the former having expressed a wish to be allowed to pay the call in arrear, it was stated that they might do so on or before the 7th August last, but the said call was paid on only ... ••• ••• 4,292 shares in addition to, as above ... ••• ..• 35,671 making the total number with 4/. paid... 4963 which, deducted from . 1, °• ••• ••• 4 4,907 ,f left deficient ... ..• ... 4,944 „ These 4,944 shares were declared forfeited by an adver tisement dated 10th August, 1848. The next call of 11. per share (making a total of 54 per share), instead of having been paid 39,963 shares has as yet been paid on only 30, 066 „ pectation that the guarantee of 4 par cent, would be cln ceded by the Tuscan Government, and the company be then placed in a better p:)6ition to discharge them ; but the delay in the settlement of this measure has lately caused the cieditors to be very urgent in their demands, and, unless inimediltely satislie;, they threaten to inalit‘ the Maria Antonia Coaspa bankrupt ; the E ff.:et of which would ba rainou , . It would have been far en re gratify ing to the directors to have abstained from making any further calls on the shareholders till the guarant , e could be obtained ; but it is indispensible that the debts should ba. provided for ; and looking at the uncertainty of being able, at present, to dispose of the surplus land and houses, and further payments by the Tuscan share holders, if made, being only receivable at distant in tervals, the directors consider that a call of 11. per share on tha shares in the Anitlo-Italian Company will not be more than adequate effectively to meet all demands, and they have no alternative but to make the said call ac cordingly. " This company has been hitherto only provisionally registered, it having boon the opinion of their solicitor, that the operations being abroad, no further registration or deed of settlement were necessary, and the shares of the company are at present only scrip certificates; but from a letter lately received by the directors from the Registrar of Joint Stock Companies, and an interview whic'a the solicitor has had with him, it appears, accord ing to an opinion recently given by the Attorney and Solcitor-General, that this company, and all o here similarly situated, must be fully registered, arid h ire a deed of settlement. A deed will be prepared acc,,rdiagly, and, when ready, due notise will be given to the share holders, who will be required to sign it on paying the call now made, delivering, at the same time, the scrip certificates which they hold, to be cancelled. The only liability to which the shareholders will subject them. selves by signing the deed will be for the remaining 4d. per share. Estimating that this remaini❑g call will produce 20,0001., a further capital of about 58,0001. will be requisite, agreeably to Mr. Babbage's statement, to complete the line to Pistoja; and if the guarantee of '4 per cent, be obtained, the directors ex pect that it may be raised by loan or debentures, or a sale of the forfeited shares. " With regard to the statement of the accounts of this company, which is also appended to the report, the directors have to mention, that there not having been any auditors appointed, they deemed it more satisfactory that the accounts should be examined by a professional accountant, and they have accordingly employed Messrs. Quilter, Ball, Jay, and Crosbie, for this purpose, a copy of whose statement is annexed. "Interest at the rate of 4 per cent. per annum has been paid to the shareholders to the 2d February, 1848; since that day it has been suspended, from the want of funds. The net revenue of the railway for the year ending 2d February, 1849, would afford but a trifling dividend, and having been expended on the works, any further payment of interest, before the line becomes re munerative, could only be effected by additional calls, which, it is presumed, the shareholders would hardly de sire, and, constituted as the com p an y w ill b e i n f uture, the directors aro advised that payments of interest out of capital would be illegal. " The forfeited shares 'nave peen already alluded to, and are particularised in the account. Some of the holders who had paid from 41. to 41. 15s. per share, but did not pay the further call, or instalments, when due, have since requested to be allowed to do so. It will be for this meeting to decide if these, and other forfeited shares, the holders of which shall pay the arrears within a short period, shall be reinstated." . • After a long and rather stormy discussion, in which several attempts were made by two or three shareholders to adjourn the meeting for a month or a fortnight, and which attempts were strongly op posed by the Chairman, on the ground that it woukl have the effect of ruining their property, the follow ing resolutions were then agreed to : " That the report of the directors now read be ap proved and adopted, and printed and circulated among the proprietors. " That the directors be authorised to mike the earliest arrangement in their power for converting the Anglo- Italian Railway share capital, when paid up, in an equivalent amount of Maria Antonia Railway stock, and to form and adopt such plans as they think proper for applying the balances which may be in their hands of the latter stock towards completing the line to Pistoja. " That the directors be requested to pursue all proper measures fur obtaining a guaranteed minimum ra.e of interest on the Maria Antonia Company's capital as the condition of the company proceeding to complete the extension from Prato to Fistoja, and that the directors do take all such measures as they shall deem advisable, and for the interest of the proprietary, to finish the extension. " That tho directors be requested to urge the Maria Antonia Company to make arrangements with the Tus can Government for the completion of the ling between Pistoja and Pescia, and for the Maria Antonia Com pany working the entire line from Florence to Lucca, and to Pisa when finished. • • goods permitted by the Customs' tariff which shall ki.) seat from Odessa, into the interior of the kingdom, there shall be a drawback upon goods which, precious • to the 27 h or August, 1849, shall have already paid the additional duty to the Custom-house at Odessa, as well as for those goods which s.hall pass through the Custom house hftEr he said periud, according to Article 1 of this ukase. Tte directing Senate is charged with carrying out three measures."—D3t.d. ,June 25. " That the travelling expenses of the directors already incurred, and to be incurred for the purposes of the company, be paid out of the funds thereof. "That this meeting do approve of the directors mak ing a call of ss. per share, payable on the 15th of Sep tember next, and a further call of ss. per share, payable on the 15th of October. TATTERSALL'S—THIS EVENING. Sia o'CLocs. Noth'ng going. " That all shares on which from 41. to 41. 15s. per share has been paid, but which have been forfeited in consequence of the non- payment of the remaining calls or instalment when due be reinstated, provided the remain ing calls or instalments, making a total payment of 51. per share, with interest, at the rate of five per cent., to- gether with a call of lOs now made be paid on or before the 16th inst., and that all shares on which the calls or instalments are not paid on or before that day be declared absolutely forfeital." After the passing of these resolutions, and a vote of thanks to the Chairman and directors, the meeting broke up. TRANSFER OF JLIC eNCES. HOLBORN. (Present—JAMES WHISKIN, Esq., Chairman; THOMAS RUSSELL, Esq.; HENRY PowNALL, Esq.; ai d R. E. AnDLN, E-q ST. GEORGE THE MARTYR.—The Angel and Crown, Gloueebter-strett,James Winkworth to Charles Thomas Upcott. ST. GILES IN THE FIELDS.—The Archer, Newton street, Wary Dennis Pink to James Hall. Cross K Erlell-street, Thomai Sutton Briggs to WilliamtHe iry Whiting Com..n. Grapes Duke street, Frederick New houie to Henry Moss. Fountain, King-street, Nicho!as O'Brien to Harriet O'Brien. Royal Otk, Great Earl street, Eliz tnoth Garden , to Thomas Davies. Spr,ad igle, Broad-street,' Richard Warner Wood to John Dove G nye.. Yorkhire Grey, Great White Lion-street, Andrew Hare to Michael Grier. ST. GEORGE, BLoomsnuaY.----Bedford Arms, Char lotte -street, Thomas Wilks to William Camp. Turk's Head, King street, Thomas Palmer to Edwin Power. Yorkshire Grey, Hart•street, Alexander Cock King to Alexander Young. DUCHY LIBERTY.—AngeI and Sun, Strand, Joseph Maycoek to James Moorman. HAMPSTEAD.- White Horse, Hampstead, Jo Nett Eastburn to Jonathan Green. SP. MARGARET AND ST. JOHN, WEST MINSTER. (Present—TuomAs AinuoT, E.q., Chairman, and NI. THANIEL GOULD, Esq.) Castle, Chapel. street, Ed.% ard Wot diey to John Cook. Plough, Rochester-row, to Elizabeth Cropp, widow and executrix of Thomas Cropp, the late occupier. King's Arms, Strutton-ground, Henry Robert Abraham to Elias Glover. Three Johns, Carteret-street, to Frances Wil liams, the late occupier, Trevor Arms, Trevor-terrace, Knightsbridge, James Law to John Woods Cave. ST. PANCRAS. (Present--Taos. RUSSELL, Esq. , Chairman, and NATHANIEL GOULD, Esq.) Marquis of Camden, College -street North, Camden Town, Frances Elizabeth France to William Grimsdell. Oxford Arms, Seymour. place, Camden Town, Maria Sugden (late Maria Bridge) to Benjamin James Sugden, her husband. Southampton Arms, Tottenham-court road, Richard Whiting to Wm. Wheeler. Roebuck, Tottenham-court-road, Wm. Hallifax to George Young. Railway Tavern, Hampstead-road, Samuel Tipping to Samuel Pulham. Bricklayers' Arms, Grease-street, Rathbone-place, to Henry Freeman and Joseph Salmon, executors of Edward Freeman, the late occupier. Builders' Arms, Compton-street East, Henry Mathews to William Byrn. Hare and Hounds, Chalk Farm, Thomas Thornton to Edward Cole Price. Northum berland Arms, Tottenham -court-road, to Jane Mary Loader, widow and executrix of Thomas Loader, the late occupier. ..,OURT OF INLAND liEVENUE. — Yesterday severs! spirit retailers were fined under the recent Act 11 and 12 Vic. cap 121, and sec. 12 and 16, for neglecting to enter• in their stock-books an account of spirits received, and for not cancelling the permits or certificates received with the spirits. Henry Sampson, keeper of the Saloon, Bow -street, Covent•garden, was charged with retailing spirituous liquors, having no licence. After hearing the case, Mr. Commissioner Hart Davis gave judgment against the defendant in the penalty of 201. IMPORTATION or GUANO.—A vessel, named the Bee h )ven, belonging to Bremen, has arrived in the decks from South America, with a cargo of guano, which is entered to be warehoused for exportation only, being inadmi3sible for home use under the navigation-laws at present in force. This is the first instar ca which has come under our notice of the existing laws of naviga tion being the cause of a cargo of this article being obliged to be re-exported from this country. FOIL 110 W LONG HAS THE QUEEN GONE TO IRE' LAND?—We hasten to contradict an absurd rumour, that it is the intention of our Most Gracious Sore' reign to reside permanently in the Sister Island. This ridiculous report has originated from the prevalent im pression that her Majesty has gone to Ireland for good. —Punch. STATE OF TRADE IN GALASHIELS—We have great pleasure in stating that our present condition and fu ture prospects are both good. All hands are employed, and orders, we believe, are numerous Kelso Chro nicle. TILE Mooas.—Recent reports from the hills as to the prospects of sportsmen, though not so favourable es they were represented in the early part of last month, are on the whole more cheering than for, soma years past. In the crack districts of Aberdeen and Banff shires, the birds are said to be plentiful and strong. The covies are not so numerous as expected, many birds having prov e d b arren t hi s year, b ut i t i s noth i ng uncom mon to startle ei g ht or ter. birds, which is fully an ave rage. On th e D ees id e moors there is an excellent pro spect—partridges every w h ere we ll -grown and strong, an i promises better sport than for several bygone seasons —Aberdeen Journal. FRANCE. The Republique hu the following on M. de Fa: loux' defence of the Roman expedition : " The Minister of Public Instruction, who had so great a share in this fatal expedition, was bound to cover with his body his unfertunate colleagues--",e did so with resignation. He did not attempt to reply to his terrible adversary, for that would have been impossible. He divided his reply into three. parts—the abuse, the arguments, and the political matter. The abuse did not fall from a person high enough placed to disquiet him; to move M. de Falloux a man would be required of the elevation of M. Thiers; But M. J. Favre, in his opinion, is only a petty lawyer who changes his brief. As to the arguments, it is useless to reply to them, the country had done so in re-electing M. de Falloux and that in comparable majority. 0 happy Loyoli! what an ad vantage to have been brought up in your principles to find so convenient a manner of escaping from an em barrassing reply! As to the political matter, M. de Falloux had plenty of elbow-room, and availed himiell Of it to fly before a too formidable adversary. In place of answering to accumulated quotations brought forward by M. J. Favre, from dispatches, ministerial speeches, and proclamations of the general-in-chief, M. do Falloux en tered into a long eulogium on the Papal power, as the pa ragon of human institutions. Little did he care fur the state of siege, the suspension of the liberty of the press, the interdiction to circulate in the streets after eight o'clock, the imprisonment or exile of the best citi zens; the s'andard of St. Peter floats from the Vatican, the Sacred College has resumed its authority, the Holy Inquisitio❑ is restored, the Roman Republic is flung to the earth! Bit the Catholic Republic is upstanding; joy and abundance are about to revive, for Catholicism ren ders abundant and fruitful whatever it touches. What, then, is it that has pronounced so many unjust con demnations, caused so many massacres, led to so many assassinations? What condemned Galileo, John Huss, Savonarola, Jerome of Prague? What directed the poniards of John Chatel and Ravaillac? What gave the signal for the massacre of St. Bartholomew and the war of the Souderbund? It is Catholicism, as under stood by M. de Falloux, who has the courage to say that the distinction between the rich and the poor is the law of God. He forgets that Christ said—" My kingdom is not of this world," and that he also said It is easier for a camel to pass through the eye of a needle than for a rich man to enter the kingdom of heaven." The Chambre d'Accusation met yesterday to de cide on the case of the accused of June 13, but, after occupying the whole day, adjourned without a decision. The Chambre du Conseil has decreed that there is no case against thirty-seven of those who were arrested, but it proposes to the Chambre d'Accusation that seventy-two persons shall be brought to trial. Among them are thirty-one Repre sentatives, viz., Ledru .Rollin, Considerant, Buichot, Rattier, Commissaire, Felix Pyat, Gambon, Fargin- Fayolle, Brives, Deville, Beyer, Pffieger, Avril, Kcanig, Martin-Bernard, Cantagrel, Menand, Rougeot, Land9lphe, Hoffer, Kopp, Anstett, Rolland, Heitzmann, Suchet, Maigne, Pilhes, Boch, Vauthier, Ronjat, Desmaziers, Janot, and Louriou. Among the newspaper writers who are accused are Langlois, Thore, Ribeyrolles, Delesciuse, and Paya. Among the other accused are MM. Guinard, Forestier, and Etienne Arago. RUSSIA. ST. PETERSBURGH, JULY 29.—The Imperial Ukase to the Senate of Odessa, relative to the privileges of a free harbour accorded to that city, is as follows: " We have deemed it advisable, previous to the com mencement of the epoch, when the privileges of a free harbour shall come into operation, to commissionour Com mittee of Finan ce t o i nves ti ga t e t h e representations made . on this subj ec t to our Mi n i ster o fj Fi nance , a s well in a gentral financial point of view, as to the local wants of the place in question. After due consideration of the propositi ons su b m i tte d t o us by the said Committee, we are pleased to command as follows: " Ist. The privileges of the Odessa free harbour shall be extended for a further term of five years, viz.—to the 27th August, 1834, with the alteration, how ever, that from the 27th August of this current year 1849, all foreign good; destined for com. sumption in Odessa, as well as those which shall not up to that day have been exempt . from the duty of one-filth of the toll for the benefit of the city, us those litely in troduced, shall be chAwd with a tax of two-fifths (.f the impost duty according to the prevailing rate of tariff. The following are exceptions sugar and tea, which are to pay three-htth . s of the imp ort d uty. Tobacco and s pirituous liquors, viz., arrack, brandy, and rum, which must, as hitherto, pay the full tariff duty. 2dly. Of the r: ceipts of the Customs which after the 27th August, 1849, shall arise fr om f ore i gn goods to be used for the consumption of Odessa, the filth part of the tariff duty shall, as hitherto, be employed fur the benefit of the city; the remainder to be placed to the ac count of the receipts of customs; and ' ardl.7. After the 27th of August, this year, foreign Are INCORRIGIBLE BEGGAR.—A man who had been employed in the ateliers nationaux was recently brought before the Tribun el or Correctional Police on the charge of mendacity.." Have you ever been condemned before?' said the President, "I should thii.k so!" answered be. "How often?" " Always; in fact the thing has become a perfect bore, for every time I've been caught, I've been condemned." " Y ou h ave li ve d 40 years by begging ?' No; 39 only—as I passed the first year of my life et , nurse!" " And you are decided not to work? " Why, if I found a lucrative place with nothing to do I might not object to take it." The tribunal condemned the fellow to three months' in piisonment. COD LIVER OIL.—We understand from a Liverpool oil merchant, that a process has been lately discovered whereby impure cod liver oil, which is of a dark red colour and possesses an offensive smell, can be decolour ised and thoroughly purified. The discovery is due W Dr. Muspratt, of the Liverpool College of Chemistry- Commerce is daily deriving incalculable benefit front the science of chemistry, showing its paramount import awe as a branch of education. CURIOSITIES OF TILE PEAK, DERBYSHIRE.--Tbe/ Peak, so famous for its natural wonders, has also some novel specimens of art. Among these interesting mar vels may be instanced an old corn mill, which, for an tiquity of building and machinery, has perhaps no equal in England. A little to the left of the foot-way from Eyam to Hathersage stands this old mill, deep it a valley, where, but for this relic of bygone times, the traveller would deem it a place " where nature is and man is not." This old mill was in feudal times au ap pendage to Highlow-hall, then occupied by the Eyres, who came in with the Normans, of which family the Earl of Newburgh is the representative. It was what was denominated a soke mill, and centuries ago did much work, while at the present time it is but little used. A stranger, on treading this valley, would, on his ap proach to the mill, deem it a low shed for cattle, could he suppose the heathy moors surrounding it capable of keeping any. On entering he would be startled to find himself amidst some very rude machinery. the w hole of which he could be hold at one glance. The building is very low, all in one compartment; no upstairs, no back or side rooms, the whole from end to end being visible to the eye at once. The water-wheel is outside, hid from the eye by the sable verge of Highlow-wood. All round the building are hundreds of old millstones, still bearing traces of the rude simplicity of our forefathers. The building has but one door, and that of such dimensione that a loaded cart could come in actual contact with the machinery. Altogether this is a most novel and in' teresting relic of antiquity.—Derby Mercury. EXTRAORDINARY PHENOMENON, WITH L os s or LIFE. —One of the most singular catastrophes of w hich we have ever heard occurred off the coast of Kincar dineshire, on Tueseay a'ternoon. A large herring-boat, which had been engaged in conveying railway sleepers from Aberdeen to Stoeehavco, had discharged her cargo at the latter port, ai;cl was returning to Aberdeen, when she was caught in a sudden and violent whirl wind which laid her on her beam ends instantaneously amidst a boiling vortex of broken water. The crew were, of course, thrown out, but they all succeeded it clinging to the capsized boat except one man, who wee observed to be floating about stiffly, and with a peculiar and unnatural buo3 ancy. Mr. Thom, of the Mill of Muchals, with several fishermen, having witnessed the catastrophe, put off to the assistance of the crew, and succeeded in rescuing them, after severe and highly praise-worthy exertions. The coastguard were also promptly afloat and at the scene of the disaster. It was found that the man who. had been observed floating about so strangely had been killed by a flash of lightning, which was observed by parties on shore to break over the boat at the very moment of the acci dent. The deceased, Alexander Mavers, a seaman, was about in v s ey O r years of age, a n d l eaves a widow an d f destitute circumstances. Aberdeen Herald. BIRTHS, ----- On: m ____ wßri p t t h o e n s o tl f i i a ns d t a . u , g ti h i t e e w n ife of Henry Folkard, Esq ,of Old '6th inst., at Belith a - v ill as, B arnsbury-park, the Christian, of Bloomsbury-square, o f a d aug h ter . On the 6th inst., the w if e o f J. Bullock, Esq., o f Brox bourn-house, Lark-hall- r i se, of a son. On the 6th inst., M rs . F . Gade, Islington, of a son. On o f t the 6th On the 7th inst., at Doughty street, Mecklenburgh-square, the wite of Dr. William Smiles, of a daughter. On the 7th inst., at Montagu-street, Portman-square, the wife of R. Loder, Esq., of the High Beeches, Sussex, of a soli. On the 7th inst., at St. MARRIED Mary's, Marylebone, John North, Esq., of Gl oces ter-place, Portman. square, to Elizabeth Mary, second daughter of th e l a t e Jedediah Kerie, Esq., of Glo cester-place. On the 4th inst., at St. George's, Camberwell, Williams Besemeres, Esq. , Old Kent-road, to Elizabeth, eldest daugh' ter of the late A. Ewings, Esq., of Sydenham, Kent. DIED, On the 24th ult., at Genoa, Margaret Smyth, wife of Lieutenant-Celonel Thomas Fothergill, of Kingthorp, York' shire. On the 23d inst., at Southsea, near Portsmouth, Elizabeth , widow of Captain George Tupman, R.N., and eldest daugh" ter of tne late A. L. Emerson, M.D., of Ifiverscroft Priory , Leicestershire, On the sth inst., at Rugby, Emilia Williamina Forbes , second daughter of C. H. Forbes. Esq. On the 7th inst., Mr. John Wa r d, o f A shby-street , St' John's-street-road. London; Printed and Published by DIURDO YOUNG , of No. 112, Strand, Printer, at The Sun Office, NO. 1 11 . Strand, in the Precinct of th e S avoy, in the counv Aliddleees, Thursday, August 9,1849, SAME V. BROWNRIGO AND TAYLOR. This, like the lait Ise, was an action for calls. The defendants pleaded that they were never indebted. It appeared that in this instance the defendants and one Gordon had a joint interest in 20 shares in this railway company. Gordon lives in Scotland, and consequently is without the jurisdiction of the Court. Mr. Welsby and Mr. Townsend conducted the case of the plaintiffs, and Mr. Boavan that of the defendants. On behalt of the plaintiffs the register of shareholders of the company was put in, in which appeared the names of Brewnrigg, Gordon, and Taylor, as holders of twenty shares. The minute-book of the company was next pro duced. It contained a resolution bearing date December 28th, 1846, and making the first call payable January 25th, 1847. The shares had been accepted by the de fendant on the sth of August, 1846. The like proof was given of a second call, on the 26th of April, 1847, and of a third call on the 16th of June, 1847. Letters to the defendant Brownrigg were put in, notifying the fact of the making of the several calls, which letters, under the " Companies Clauses Consolidation Act," are evidence of the calls, and sufficient to fix with liability the other defendant, having a joint interest, though similar letters were not addressed to him. It appeared from these letters that the third call had been made within three months of the making of the second, contrary to the express directions of the statute above referred to, so the plaintiffs were compelled to abandon their demand as regards the third call. They, however, duly proved a fourth and a fifth ca ll. Th ere was a l so a quest i on raised whether the letter making the second call was posted 21 clear days before the call was payable? The Learned Counsel for the plaintiffs intimated that they would abandon the second call, as they could not prove the posting of the letter, making it according to the re quirements of the statute. - The Learned thrniEairected the jury to find a ver dict for the defendant, with liberty to move to enter the verdict for the plaintiff on the first and fourth and fifth calls, or for such part thereof as the judge ought to have directed the jury to find for him. POLICE IN 'TELLIGENCE. GUILDHALL. _ Two men, named kchard Hayes and Robert Nixon, were placed at the bar for the fourth time, under the following circumstances: — Mr. George Flintoff, of 153, Fleet-street, bookseller, I said that on Thursday, the 19th July, he missed some books from his shop window, and had hand bills printed and circulated, in consequence of which a Mr. Bumpas, of Oxford-street, sent word to say that he had purchased one of them, " Gibbon's Rome." at the same time giving a description of the party. Witness, after some trouble, succeeded in tracing Hayes to the White Horse public house, in Poland-street, where he; charged him with stealing the book, which he denied, saying that he bought it of a man with whom ha had dealt for two years, in a public-house. That man proved to be the prisoner I Nixon. Several witnesses were in attendance who had pur chased books of the prisoners, and Mr. Spokes, a book seller in Holborn, and Mr. Flintoff, identified the books so sold as having been stolen from them. A rather amusing scene arose on a question being put to the persons baying whether they ought not to have had some suspicion when the books were offered for sale that they could not have been come by honestly, the losers of the property contending that Hayes was no buyer at sales, and therefore they should have been wide awake on the subject, while the purchasers with equal warmth said that they had known him for years in the trade, and had seen him purchase books, and from that fact they had no suspicion. Hereupon Mr. Flintoff and Mr. Spokes retorted that certainly he had now and then bought a shilling book, but he did not belong to " the family." Upon which the Court, much to the amusement of the persons present, were a little enlight ened upon the subject of book auctions or "knock ins," as they are technically termed, from which it would ap pear that the booksellers were known by the name of " the family," while such as Hayes, and persons like him, were called "lambs." When a gentleman's library was to be dis posed of, an understanding was come to between " the family" and " the lambs," that the latter, for a con. sideration, should abstain from attending to bid while the family attended the auction, and perhaps one or two of them would bid for the whole lot, which, when knocked down, were afterwards conveyed to a public house near at hand, and a distribution took place amongst. them by sale, which was called the profit and loss," ' or " knock ins," inasmuch as each party suited himself with respect to what books he wanted '' at this ion amongst themselves; the ove divided amongst them, and a eertai r n P s iti u thought b would sometimes purch 3m a o s rg e for a shilling orefaom each "lamb," wh Hayes, in defence, still persisted . iv p ae r n o f.e fi tw t o s books, that "th en th e a a t th h t e he p l u r re n h o a ti s c e e d , the " History of Rome "and the " Pickwick Papers', two. strenuously denied everything from Nixon, while h u e : on its being shown that he was a provedwell-known against t thief, him; and b had been transported, he con fessed that he had been a bad character, but was now an honestman Alderman CARDEN, after taki ng at great deal o f pa i ns with the case, u l t i mate l y sentenced theal imprisonment eac h, receiver.Treceiver.- -- Nixon as the thief an yes as the to d !its? months' THAMES. William For, a baker, residing at 4, Darling-place, Camtiridge-road, was fitully examined, charged with stealing a gold guard chain, value 51.. and a silver chain value 55., the property of Samuel Isaacs, a foreign Jew, residing at 25, Cutler. street, Houndsditch. A solicitor named Steadman appeared for the pri soner. The prosecutor, who spoke Engli-h with considerable fluency, said that he was going with a box of bijouterie through II ttcliff-highway, about half-past three in the afternoon of Tuesday week, when he was followed by three men, one of whom, not the prisoner, came up and said, " You have something to sell." He answered in the affirmative ; on which the person who addressed him took him by the arm, and led him to the Crooked Billet public-house, saying he would purchase some thing of him. They then proceeded to the skittle-ground, when the person who first addressed him said, " I'll play with that old fellow (meaning the prisoner), for lie has plenty of money, and you shall count the games." The prisoner then challenged the prosecutor to play, but he declined. The prisoner insisted that he should play; upon which the prosecutor took his box upon his shoulder and was about to leave the ground, when the prisoner seized him by the arm with one hand, and knocking his cap off with the other, whipped a gold chain off his neck. He had a silver chain in his waist coat pocket, with the swivel hanging out, which the prisoner snatched immediately after, and rolling both up together, put them in his pocket. Complainant called out, and said he would go for the police, but as he was moving up the steps for that purpose the prisoner caught him by the coat and tore it. The waiter then came as he was entering the house, and, pushing him back, said, " Don't make such a row, you rascal, and we'll make it all square," the prisoner using the same words at the time. Being a stranger, with no one to help him, complainant forced his way to the front door, and giving his box to a matt in the street whom he knew, blocked up the way to prevent egress, and called loudly for the police, but no constable came for a considerable time. His cries collected a mob, who encouraged him not to let anybody pass, but ren dered him no further assistance. The prisoner came up, and said " You -, go out, and do not keep the door." Complainant replied, " Give me my guard chain," upon which the prisoner took out the silver chain, and was going to thrust pocket, but the latter rejected it , saying he must have his gold chain also. The prisoner, however, succeeded in thrusting the silver chain into his pocket. The pri soner then struggled with and kicked him, but com plainant persisted, and said, "I will not let you pass until or cameyou r u e p tu , rn an m d y struck gold chain also" The constableiae waiter e tehs, n e com plainant, saying, " Go from the door, you rascal, or I s., , a will punch your -- eyes out ; I will dash your - brains out Mr. NORTON (who sat for Mr. Ingham) being in formed that the waiter WAS in court, instantly ordered him into the dock. Mr. Steadman—Why he is my witness; I did not know that he was a prisoner. Mr. NORTON—If I knew as much as I know at pre sent he should have been a prisoner long before now. The complainant then reiterated his evidence as re garded the waiter, Joshua Smith, who, he said, drank with Fox when they entered the skittle•ground, and was present when the latter possessed himself of the chain. A constable (continued Isaacs) at last came up, and Fox, who was found in the skittle-ground, was given into custody of Damarel, an active officer, who searched him, but the chain was not found. He had a dummy (an imitation sovereign), closely resembling the currency in colour, weight, and ring of metal. Mr. NORTON committed both prisoners for trial, ad mitting Smith to bail, himself in 801., and two sureties of 40/. each. One of the sureties was the proprietor of the Crooked Billet. SOUTHWARK. Mary Davis and Sophia Davis, sisters, were brought before Mr. Seeker, charged with being concerned in the suspected murder of a child, whose body was dis covered lying on the ground in a market-garden, near the Greenwich Railway. William Roberts, a policeman, stated that on the pre vious day, about three o'clock, while on duty in Blue Anchor-lane, Bermondsey, his attention was called to a crowd assembled near the arch under the railway. On going to the spot he saw the' prisoners, and they were pointed out to him as being the parties who deposited the body of a child, suspected to have been murdered, in a garden near at hand, lie immediately repaired to the place, and finding the body as described, he took the prisoners into custody. A woman stapled Smith was next called, and stated that on the previous afternoon, while out walking with her child, i❑ pasAng . Mr. Shepherd's garden, adjacent to the railway, she looked over the palings into the grounds, and observed:the body of a child. She gave immediate information of the circumstance, and marks of violence being observable on the child's neck, as if it had been squeezed to death, the prisoners, who were seen for some time previously lurking about the spot, were suspected of having deposited the body in the place where it was found. The prisoners said that they knew nothing about the affair, except what they had heard that day; that they lived together at Bermondsey; and, having gone for a walk the preceding afternoon, in passing near the railway they were beset by a mob, who charged them with the murder of a child. They denied the imputation, but their denial of it excited the crowd still more against them, and they believed they would have been roughly handled if the policeman had not interfered. They admitted that they had lounged about near Mr. Shepherd's garden, but that neither of them had been inside the palings. Mr. SECKER said that a remarkab!e feature in the case was that a witness had passed the garden a short time previously to the discovery of the child, and that it was not there then, and must have been deposited about the period the prisoners were observed, as described, lurking near the spot. Ile (the magistrate), however, should allow the prisoners to go at large, on entering into their recognizmces of 50/. each, until Friday next ; and in the mean time the policeman was directed to make the most searching inquiries, in order to discover the offenders, and bring them to justice. WILL OF PETER THE GREAT.—We perceive that this remarkable document, already published in extenso in our own columns, has been reprinted in a separate form by Mr. lierbey and Mr. Gilbert. As indicative of the grasping policy and insatiable ambition of the Czar, the paper is deserving of study rather than of a merely passing perusal. It is the key to the mystery of the Russian invasion of Hungary. IMPORTATIONS FROM IRELAND.—The collectors and comptrollers, and other principal officers of the Customs' Department at the several ports and places throughout the United Kingdom have received directions from the Commissioners to prepare and transmit to the Inspector- General of Imports and Exports, the following account with all practicable dispatch, viz , an account of the im ports into their respective ports of each sort of corn, meal, and flour, from Ireland, in each month for the years 1846, 1847, and 1848, respectively, and of the first half of the present year; the returns to correspond with the quarterly returns of imports. FOREIGN SUGAR.—The vessel Edwin Augustus arrived in the Docks on Tuesday from the Havannah, with 2,550 boxes of foreign sugar; and the vessel Siberia arrived in the Docks on the same day from the Ha vannab, with 2,724 boxes of.Toreign sugar on board. In cargoes Stateswhichunderprecludedthelawsthe admissionnavigationtheat f A or mera, u home ic present in force. ACCIDENT AT A TELEGRAPH OFFICE.—As the youth employed in the telegraph office at Ely was in the act of working the telegraph in reply to a communica tion during the recent thunder-storm, he was knocked down by the force of the electric fluid acting upon the wires, but fortunately without receiving any injury be yond the momentary shock. The wires from the office communicating with the main wires were severed, and the business of the office suspended for some hours. The following have been appointed the Commis. sioners to act under the Encumbered Estates Act (Ire land): —The Right llon. John Richards, third Baron of her Majesty's Court of Exchequer in Irelar.d, Mounti• ford Longfield, &q., Q.C. and LLD., and C. J. liar greave, Esq., conveyancer, of 69, Chancery-lane. Baron Richards will hive 1,5004 per annum, instead of 3,000/., remaining on the bench. A CANINE PATRON OF RAILWAY TRAVELLING.-- A terrier dog, belonging to Mr. Hodgkinson, spirit merchant, of Matlock, Bath, having been accustomed to travel with his owner by rail from the latter named place to Matlock-bridge station, took it into his head to start railway traveller on his own account. Now, master " Spot" had a little acquaintance of his own species near the bridge—a sweetheart, if the truth must be confessed —to whom he was accustomed to pay frequent visits, and finding walking, or rather running, somewhat fatiguing, he adopted rail travelling by preference, and has gone by himself, sometimes once a day from one station to the other, invariably coming back by the return train, and never once making a mistake by taking the express train, which does not stop at Matlock-bridge station.—Derby Mercury._ _ . THEHARVEST.—The active operations 'of the har vest very generally commenced is this county yesterday, fields here and there having been cut in the course of the past week, and before Saturday night, should the wea ther continue fine, a large breadth will have fallen before the scythe and the sickle. The reports which reach us are that the crops are generally heavy, and though par tially beaten down by the occasional storms of the last fortnight, we do not hear a murmur of any serious da mage, beyond that done by the hail, in one district, which we have before noticed. The potatoes, too, look healthy and untouched by the disease—as far as the digging has yet gone, they come up perfectly sound, so that altogether we may calculate on a good average, in fact, an abundant harvest. On Saturday night and Sun day large bands of those labourers who usually at this season temporarily emigrate from their own districts to those in which the harvest sets in earlier, entered this town, and we were glad to see that in the morning many of them attended the church and other places of worship. —a fact which we hope may in a great degree be attri buted to the improved religious feeling of the labouring population, but was no doubt partly owing to that wholesome Act which closes the door of the inn and ale-house, and prevents the Sabbath morning being made a time of unholy toil to their landlord, and of weakening dissipation to his guests. Our own labourers, too, are now in full employ; the gleaner will soon begin her task; and as by long habit the scattered ears that run over from the full hand of the reaper, have been re garded as the equal right of all, we are inclined to agree with a correspondent, that it is desirab le there should be no f avour iti sm in the matter—that the prl v ilege should be w id e ly ex t en ded, and the industry of all should be left to f ree ly an d f a i r ly pi c k the patient handfall,— Zssex Herald. • 7 1 1 ' f 17 1, btttott I THE, QUEEN'S V V 'lO IRELAND. DUBLIN, WEDNESDAY EVENING.—This day her Majesty held a levee at the Castle, which was at tended by upwards of 2,000 of the nobility and gentry of Ireland. Her Majesty arrived from the Vice -Regal Lodge at a quarter to two. The royal cortege consisted of three carriages, each drawn by a pair of horses. It was attended by a troop of the 7th Hussars. As the cortege passed throuhh the streets, her Majesty was warmly applauded by the populace, who had collected along the line to see and greet her with hearty cheers. As the Queen alighted from the carriage she ap peared in high spirits, and graciously returned the greetings of the ladies and gentlemen assemble at the state entrance. Tier Majesty, being conducted to the Throne Room, assumed her place. Prince Albert stood upon her left, Sir George Grey upon her right hand. The lords and ladies of her Majesty's household, with the Lord Lieutenant of Ireland and the Countess of Clarendon, stood behind. The ap pearance of her Majesty's Court at the moment the deputations with addresses were admitted was bril liant and effective. Her Majesty . wore a green tabinet d r ess, w ith shamrocks embroidered i n gold, a blue scarf, and a splendid bandeau studded with diamonds. Prince Albert was attired in military cos t ume . This day's proceedings commence with the recep tion of the address from the Corporation of Dublin, which was read by the Lord Mayor. The next address was from the University of Dub lin. It was read by the Lord Primate. Her Majesty thanked the deputation for their loyal address. She stated, that th e U n i vers i ty w hi c h they represented, occupied adistinguished p os ition i amongst the learned nstitutions upon earth; that its fame was to be found amongst the records of the dead, as well as amongst the works of the learned men of the present generation ; that she trusted by the manner in which they would continue to administer these high functions, they would promote the cause of piety and learning. The deputation, then, through Dr. Singer, presented an address to Prince Albert, conferring on him an honorary degree, to which he made a suitable acknowledgment. The Lord Lieutenant th en s i gn ifi e d t o th e deputa tion that her Majesty 'requested that the members of the deputation would consider themselves as presented without going through the formal mode of presenta tion. Drs. Wall and Singer were then presented by the Primate, and kissed her Majesty's hand. The deputation consisted of the Primate, as visitor, all the Fellows and Scholars, a considerable number of Doctors of Divinity, Law, Medicine, and Science, Lord Farnham, Mr. Hamilton, M.P., and Mr. Napier, M.P. They walked in procession from the college, and formed an interesting spectacle in their several academic robes. Her M.,j es ty th en rece i ve d a dd resses f rom th e bishops of the Church of England, from certain bishops of the Church of Rome, from the Presbyterian Synod, and from the Quakers of Dublin. Dublin Chamber of Commerce—Address presented by Messrs. George Roe, A. Ginnness, Hutton and Codd. Wexford County —Address presented by Lord Carew, Lord Arran, Mr. Morgan, M.P., and Mr. Power (High Sheriff). Cork —An address from the Dean and Chapter of Cork, presented by a deputation. Rathmines Commissioners—Address presented by Dr. Wall and a deputation. Royal College of Surgeons—Addaess presented by Sir Philip Crampton, Drs. Beatty and Reade. Royal Irish Aat Union—Address presented by Lords Ormonde and Massereene, Sir George Hudson and Mr. Blacker. National Art Union--Address presented by the Rev. Mr. M`Sorley. Wesleyan Methodists—Address presented by the Rev. Messrs. Massaroon, Scott, M'Afee, and Vance. Monkstown (co. Dublin)—Address presented by Messrs. Wallace, Drewe, Molloy, and Arnold. General Assembly of Presbyterians—Address pre. seated by the Rev. Messrs. Barnett (Moderator), H. Cooke, APRory, Stewart, and Slator. Dublin City Grand Jury—Address presented by Mesrs. Atkinson, Lynch, and Keogh. Dublin Protestants—Address, presented by the Rev. Tresham Gregg, Rev. A. Johnston, and Messrs. Thompson and Banks. County Kilkenny—An address of congratulation from the High Sheriff and Grand Jury of this county was presented by William L. Flood, Esq.; the Hon. C. Wandesford, the Right Hon. W. F. Teighe, and William Villiers Stuart, Esq. This deputation also presented an address from a large body of the nobility, clergy, and gentry of the county Kilkenny. City of Waterford—Congratulatory address, pre sented by Robert T. Carew, Esq. (High Sheriff), Archdeacon Bell, Sir B. Morris, and Edw. Roberts, Esq. Belfast—The town and corporation addresses, presented by Lord John Chichester, M.P., Mr. R. J. Tennant, M P., and Aldermen Suffern and Sterling. County Clare—Address presented by Sir Edward Fitzgerald, Captain .M'illahon, and Mr. Butler. Colyne—Address from the Dean and Chapter of St. Cohnain's presented by the Very Rev. Lord Mountomrres. Kilmore—Address from the bishop and clergy, presented by the Lord Bishop of this diocose, Lord Fitzgerald and Vesey, Archdeacon Beresford, and the Rev. C. Martin. Waterford County—Address presented by the Marquis of Waterford, Lord Steward de Decies, Lord lluntingdon, and the Hon. R, Carew. Kildare County—Address, presented by the Duke of Leinster, the Marquis of Kildare, Lord Naas, and Mr. Beauman (High Sheriff). County Londonderry—Address presented by Sirs R. Ferguson and H. Bruce, and the High Sheriff of Derry. Coleraine—Presented by Mr. Boyd, M.P., Messrs. Knox and Bellas. County Cavan—Address presented by the High Sheriff Colonel Clements, the Marquis of Headfort, Lord Farnham, and Mr. Burrows. County Down—Address presented by Lord Edwin Hill. County Tipperary—Address presented by the Earl of Donoughmore, Lord Suirdale, Sir J. Carden, Bart. (High Sheriff), and Mr. J. Bayley, D.L. County Meath—Address presented by Mr. Black burn, High Sheriff of the county. Limerick County and City—Addresses presented by the High Sheriff (Mr. Arthur), Aldermen Wat son and Geary. Louth County—Address presented by Lord Joce lyn and Bellew, Mr. C. Fortescue, M.P., and Mr. Thomas Fortescue. Tyrone County Address presented by Lords Claarlemont, Caledon, and the Hon. Mr. Corry,M.P. Portarlington—Address presented by Lord Port arlington, Colonel Dunn, M.P., and the Rev. John Wolseley. Drogheda—Address presented by the Mayor, Messrs. Boylan, Magee, and Keappock. County Armagh—Address, Colonel Caulfeild, M.P., Sir W. Verner, M.P., and Colonel Close. Several other addresses were presented, the parti culars of which we have not received. After the presentation of this enormous number of addresses, the reception of which might be considered good work for one day, the regular business of the levee commenced. The private entree had not been issued when our reporter left the Castle. Among those presented were the Lord Primate, the Cnancellor, the Duke of Leinster, the Archbishop of Dublin, the Roman Catholic Archbisho,p, Dr. Murray ; t hei Roman Catholic Primate (pro tem), Dr. M'Gettigan • the judges in town, the Com mander of the ' Forces, Prince George of Cam bridge ; Lords Londonderry, Lansdowne, Clanri carde, Westmeath, Headfort, Downshire, Waterford, Bellew (on his creation), Kintore, Clancarty, Ban gor, Gort, C a l e d on, Orkney, Charleymont, De Ros, Massy, Stewart de .2E ecies, Lanesborougb, Muskerry, Oranmore, Carew, Earnham, Blaney. J. and E. Chichester, Ha warden, Mountmorres, Enniskillen, Portarlingt on , Courtown, Stradbroke Clonmel, Russborou gh, Arran, Wicklow, Erne, Belfast, Do noughmore, Suirdale, Fitzgerald, Dunsandle, Castle maine, Henry Loftus, Walter Butler, Brabazon, A. Beauclerk, Kirkwall, Ashbrook, Monck, Dunlo, St. a C f l t a e n r m si o x r olc s io C a lon h b er rot, i K es i t l y le l e e n ft , th hor t Laurence, Cl ements, Crofton, William Fitzgerald, Langford,s &c.e Castle. There was a considerable crowd assembled outside, who cheered lustily as the Royal carriages drove off to the Phoenix Park. CRICIDAY.) ELEVEN FIRST CHOSEN LICENSED VICTUALLERS AGAINST TIIE NEXT EIGHTEEN. This match, which had be n looke d forward to with great interest, was commenced at Lord's this morning. MATihrr.ciAftoovlbrloeir_tisn_bg rß i u s on t g h eo e rus s t c : o :. r . e up : t : o : two:o:.:clock..i.—: ::.: 1,8 0 9 AM M I rr r .. . ss D at iarcsrkioiennn_gs i bhb b_ Bl ß uieto u tLg t t ienrgs 4 e 1 d , Mr. Evenden_b Rogers _ . ... 05 ••• •.• ••••• •6 Mr. Branburg Mr. Dark— 4 = c .meed, b Butt ••• 0 Mr. Wilde —b Rogers ... *** .. • 0 Mr. Harninond—b Butt Mr. Dalyl b w, b Rogers Mr. French —b Butt ... *** 0 ••• 0 Mr. Balduck—run out :••••••• 14 39 ............5 Mr. Portlock—b Rogers ... •'• ••• **• 4 B 14, w 6, n b 6.•• "' "• 6 Total ... 93 S. d an Mr. Hal We und erstand that the Countess of Landsfeldt leaving deficient ... 9,897 d t town on Monday evening for the "Before the revolution in T uscany, the creditors o f Continent. e d lei the eoulpiny there did AO press their claims, is the ez N e t , • not • it' - L It Ati: Ll }IRE:oy the 1 tion LITE.- proft Of at RAIL' ratir 0/TAR trust Der ~: 7`; ( 1 67 pi to bi whic alloy redu very Th %o ad ib yh . ropi Mc TNv An Ila Age.l Pro or an: ward( T Office; Thi Sub , Aides Prieto for pe rante( Comp Fir( ,II , -*Ber g lege.g R. 1111 Z. L. Chark D. Q . J. G. This The m, elleCes bloom In the su] time that d. added The Deem Sam Assure £5OO 500 500 500 500 500 The Only 0 , intratte P. , -,- e . ; ../trect --......_ SE ,_, In ''uraiti An: CA-Pil Sha