The Sun. — London, England, 1841-11-04 00:00:00

MORNING SUN Jo- THE FIRE 'AT THE TOWER. (FURTHER PARTICULARS.) Labourers commenced yesterday morning to take down a portion of the walls at the back of the Armoury, a dangerous task ; but every precaution has been taken to guard against accidents to those so employed. The smouldering ruins still continue to issue consi derable quantities of smoke, particularly at the rear of the Armoury. The Duke of Wellington has not yet visited the Tower since the lamentable conflagration ; but there is frequent correspondence between his Grace and Major Elringtou, the Governor. Admission into the Tower is still denied to all per sons, except those belonging to the garrison, the accre dited reporters for the press, the City civic functionaries, the fire brigade, and others having business to transact with Major Elrington, the Governor ; and Colonel Aitcheson, of the Scots Fusilier Guards, at present in the Tower. In consequence of admission being refused to the re porters for the press during the rapid progress of the conflagration late on Saturday night and Sunday morn ing, a written application for an order for admission was, on Monday-morning, made to the Duke of Wel lington. On Tuesday evening his Grace returned the following answer : " London, Nov. 2, 1841. " Field Marshal the Duke of Wellington presents his compliments to Mr. —. " He understands that the Commanding Officer of the Tower has considered it his duty to give orders that nobody shall be admitted into the Tower. " The Duke declines to interfere with the responsi bility of the officer commanding." On Monday, however, after application had been made to the Duke, and, before his Grace could make any reply, an order was given to the warders to admit the reporters for the metropolitan press, and they have since had free access to the garrison. At eleven o'clock yesterday morning, Colonel Peel, the Master-General of the Ordnance, and the various officers appointed to investigate the origin of the fire in the Armoury, assembled in the Ordnance-office, and immediately proceeded with the investigation ; but, as on the first day, the whole of the proceedings were car ried on with closed doors, and nearly a fortnight is ex pected to elapse before the investigation is brought to a close. On Tuesday only the military were examined, who happened to be present at the outbreak of the fire. Their evidence went to show, we understand, the spot in which it originated, and that if water could have been ob tained, even in a small quantity, the fire could have been extinguished, but by the breaking open of the doors the current of air which rushed in gave a fresh impetus to the flames. Yesterday, up to one o'clock, the bow ,yers, who were at work at the furbisher rooms on the Saturday, tlere under examination, but the nature of thetr evidence was not allowed to transpire, and orders have been given - for them to keep tee inquiry as far as they are concerned a secret. We can state that the fire is completely subdued, and no smoke is now to be seen issuing from the ruins ; several men were busily employed dur ing the morning in erecting a hoarding preparatory to the ruins being cleared away, and the walls taken down. An attempt will be made to remove the Royal Arms over the facing entire. The following is a list of the different casualties and accidents that have occurred to the Tower from the period of its erection to the present day :—ln the year 131.2, the Chapel in the White Tower was burnt to ttie ground, and other apartments injured, but the exertions of the warders fortunately confined the flames to the spot where they originated. In 102 a similar fire occurred, but it was speedily extinguished. In IGG3, one Abraham Goodman, who had been com mitted to the Devereux Tower for an attempt to mur der the Duke of Buckingham, gaining possession of a torch, attempted to fire the building, in which he partly succeeded, but the fire did not spread to any serious extent. During the great earthquake at Lis bon several shocks were felt within the Tower of Lon don, and part of the outer gate gave way. From that year till the present the Tower of London had escaped all accidents of a like nature, the recent conflagration being the most destructive that has evar occurred within its walls. LAW INTELLIGENCE. COURT OF CHANCERY, Nor.•. 3. The LORD CHANCELLOR took his scat in his Court at lirestnfnster to-day shortly after ten o'clock. - The Court took Lunatic and Bankrupt petitions ; before, however, the regular business was proceeded with, in consequence of the appointment of the New Vice-Chan cellors!, and many cases which had been in the Vice- Charlet .llor of England's paper having been transferred to thoe of their Honours the new Vice-Chancellors, several applications were made to restore those causes to the paper of the Vice-Chancellor of England. His Lordship ordered the following cases to be so restores 1 :—Richards v. Lord Macclesfield, and Bentley, r.•Callr ynd, which had been transferred to the paper of Mr. Vii !e-Chancellor Knight Bruce ; and Crook v. Nett, which :had been placed on the paper of Mr. Vice-Chan cellor N /igram. Lloyd v. White was ordered to be trans ferred to the Lord Chancellor's paper from that of Mr. 'Vice-Chancellor W grain. ATTO.RNEY GIT.NERA.L V. Wl3twurcm}: MINSTER. This case which was an information filed under the certificate of the charity Commissioners, was, on the ap plication of Mr. Thount, on behalf of the Attorney- General, ordered to stand over generally, in order to afford that Learned Gentleman an opportunity of attend- inn - The Court then proceeded to hear lunatic petitions, taking the unopposed first. IN THE 3IATTER OF TAYLOR, A LUNATIC. This case came before the Court upon the petition of N. Butt, one of the Solicitors; of the Court, and who had acted as the solicitor of Mr. Taylor, the lunatic, in several matters, praying that the Court would order the 'payment of his bill of costs out of the estate of the lunatic. The application was resisted on behalf of the next of kin and other parties, first on the ground that 3lr. Butt had no retainer ; and secondly, that even if he lad, he had acted for Mr. Taylor, under notice that he - was not of sound mind. Mr. Richards and Mr. Moore appeared on behalf of the twationer, and Mr. K. Parker, Mr. Dixon, and Mr. Stuart, resisted the application. The LORD CHANCELLOR postponed his judgment. IN THE MATTER OF PARKINSON, A LUNATIC. This case came before the Court upon a petition, pnyin . g that the Master's Report approving of the petitioners as the committees of the lunatic might be confirmed. From the statements of the Learned . c ounse l who opened the petition it appeared, that the lunatic had married his brother's widow, shortly after his brother's death, and upon her representing herself to be the lunatic's wife she was appointed committee of his person and property. In consequence, however, of that marriage being null and void under the New Marriage Act, it became necessary that new committees should be a c:iointed, and a reference was made to the Master tfor that purpose. Cpun that reference, the Master ap proved of tJte petitioners, and to confirm that report was the object of the present petition. The Loan CI7.INCELLOR ordered the report to be e'firmed. LIEANDON r. BRANDON. rpm; the application of Mr. WAKEFIELD, this case, wl:ich had been placed on the paper of Mr. Vice-Chan celloe Knight Bruce, was ordered to be transferred to the paper of ;,he Vice-Chancellor of England. PRICE r. NORTH. . . 117 pon the application of Mr. GIRDLESTONE, this case, which was an appeal from the judgment of Lord Abinger, the Chief Baron of the Exchequer, was ordered to be placed on his Lordship'!...paper, it having been arranged that neither Mr.Vice-Chammllor K. Bruce nor lir.Vice- Chancellor Wigram should take Exchequer cases. the LORD CUA.NCRLI.OR having disposed of all his hinf aio petitions, rose bhortly after four o'clock. • Tlie Court will .procet'd with bankrupt petitions to morrow (this day). ROLLS' COUlin Nov. 3. His Lor d s hip was engaged the greater part of the morningmorningWith Waring unopp ose d p e titi ons. YELSON v. NELSON. THE SAN, LONDON. TTULTit§DA'ST, NOVEMBER 4. 1841. , a ance This was a petition praying for a n i ncrease d allow for the purpose a education for Earl Nelsonso, that minor,th now at Trinity College, Candfridge ; and al c ost of a re ference made to the laster to inquire whether the late Earl had power to decree tke Dukedom of Bronte to his daughter, should be paid out of funds i n Court. Ills Lordship said he should require details t o be furnished him before be decided as to the first part of the petition, but assented as to the latter, with respect to costs properly incurred. HENLEY V. STONE AND OTHERS. This was an action to set aside certain instruments, en- on the ground of fraud. Plaintiff all e g ed that she was titled to a small estate, subject to a mortgag e of 3001., and that defendant Stone procured her signature to an instrument, which he represented to be one to enable him to collect the rents, but which was, in fact, a power of attorney, authorising Stone to sell the estate on her behalf. It appeared that, in pursuance of this power, Stone had sold the estate, and that the purchaser had assigned the mortgage. The present motion was to set aside the instrument for fraud ; and that, on payment of the mortgage mone, the etate might be andse to the plaintiff; the mortgage re-assigned, the defendant pay the costs of the suit. His LORpSUIP, after hearing Mr. Kindersley f o r the plaintiff, and :\fr. Pemberton for the defendant, ordered the documents t 45 be Cancelled, the otter parties relin quishing their claims on the estate; the amount of the Principal and interest due on the mortgage to be ascer tained; the costs to he ascertained; the diff erence between them to b e ascertained; the amount owing one wa y or the other to.he paid, and the matter thus linen.) settled VICt-CLIANCELLOR'S COURT, Nov. 3. __ (Befor,; the Vice-Chancellor of England.) Ilis 'HONOUR was Occupied the greatei part of the Thomirvg with hearing the case of a ward in his private room• Ills Iloimur on coming into Court proceeded to dispose of 4 of the unopposed petitions in his paper, after which the'Court pri)ceeded to hear the further ar guments on the part-heard motion of Tor.F.no r. VIETA. This was an application for an injunction to restrain the defendant from transferring the sum of 10,0001., vested in the F.nglish funds in his name, to Don Pietro and Donna Clotilda, natural children of the Duke Del Infantado, a Grandee of Spain. Messrs. Richards, Lloyd, and Bennett, appeared for the plaintiffs, and Messrs. Bethell and Rolf for, the defence. It appeared that the:Dtke Del Infantado, who had been a partisan, of Dort Carlos, having been compelled at the commencement. of the civil war in Spain tO leave the country, retired to Paris, where he afterwards con tinued to reside with Madame Josepha, Montegreso,.and their natural childr en Don Pietro and Donna Clotilda. Anxious to provide for those children and their mother,. he had raised a sum of 400,000 francs on his estates in Calabria, of which sum 250,000 francs, or 10,0001., had been for greater security vested by him in the English fu nds, in the name of the defendant, who had been his physician and confidential adviser. The plaintiff in this case, Don Emmanuel de Toledo, was also a natural son of the Duke. Having adhered during the civil war to the party of the Queen, his title to the estates of his father had been subsequently recognised by the Government of Spain. In the year 1839 he had addressed himself to the Tribunal de Premiere Instance at Paris, for the purpose of having the deed making over the money in question annulled, on the grounds that the Duke had been inveigled into making it, and that he had not been at the time of sound mind. The Court rejected the application finding that the deed was valid and duly signed. The Cour Royale in an appeal afterwards confirmed this de cision, but a further appeal had since been lodged to the Court of Cassation, who had not yet pronounced their judgment. It was contended for the plaintiff that the decision of the Cour Royale was not binding in this country, especially as that decision was now under an appeal ; while it was stated for the defence, that this latter circumstance could not affect the judgment of the Inferior Court of France, as the Court of Cassation took no cognisance of matters of fact, but adjudicated merely upon questions of law ; and as an appeal to the Court of Cassation could not by the French code stay the execution of a decision of the other Courts. His HONOUR deferred his judgment in the case, and the Court then rose. (Before Vice-Chancellor KNIGHT BRUCE.) BRANDON V. BRANDON. This was an application on behalf of several persons to have the funds in the case in Court distributed among them. The order formerly made directed that the funds should not be paid out of Court without notice being given to the sureties or their representatives. One of the sureties had died, and as there was no party yet ap pointed as the representative of the deceased, Counsel was aware that an order, such as he was directed to apply for, could not be taken out ; but all parties were desirous that the case should remain in the Court in which it had been hitherto heard. His HONOUR was not aware that he could make an order to that effect ;but he could direct that the case should stand out of his paper for the present, with liberty to the parties to make such application as they might be advised. Some other cause-petitions, having no feature of gene ral interest, were disposed of ; in the greater portion, however, on the list, the parties on the paper being called over were not prepared ; and in consequence, the Court rose at twelve aclock. (Before Vice-Chancellor WIGRAM.) The Court sat at ten o'clock, but there being only a few Cause-petitions on the list for to-day, and the greater number havin g been directed to stand over,' his Honou r rose before eleven o'clock. COURT OF QUEEN'S BENCH, Nor. 3. HARFIELD Y. O'MEARY. The ATTORNEY-GENERAL moved in this case, which had been tried before Lord Denman at the Sittings after last Term, for a rule to show cause why the verdict for the plaintiff, for 4781. lls., should not be set aside, and a new trial had. It was an action for an attorney's bill, and the circumstances were as follow :—The plaintiff was employed as the attorney of Mrs. Dunn, as adminis tratrix of her husband, the late Major Dunn, and was embarked in some Chancery suits. The business was carried on during her (Mrs. Dunn's) widowhood, and for some time after her marriage with the de fendant, O'Meara, which took place •in the month of December, 1830. In the following year the business wholly Ceased, and an action was brought against the defendant, Mr. O'Meara, who had married the administratrix, for business done before the marriage, and for a short period afterwards. There were 16 bills of costs sent in, and every one of these was made out against the wife. Mrs. O'Meara , not at all reco g nizin g the husband, although it was denied that he was cognizant of the business, and had given directions regarding it. Now he (the Attorney-General) submitted that the action having been brought against the husband without due notice to the wife, in whose name all the bills had been made out, the plaintiff could not recover, because it was laid down in various law authorities that " the husband cannot be sued alone for debts contracted before the mar riage." Even supposing there was a continuance, and that the husband had made himself responsible for the business done subsequently to the marriage, still it would not make the husband liable if sued alone. The Learned Counsel, after quoting several authorities, concluded by Submitting that he was entitled to a new trial, or a re duction of the verdict to the amount of the business done befo7e the marriage. Mr. KELLY, for the plaintiff, had no objection to the reduction being made, if that would put an end to the case ; but the Attorney-General having declined to ac cede to the propOsition, the Court took time to consider the arguments. MOORE A§D TYNDALL V. COOKE. Mr. CRESSWELL movxl in this case, which was tried at the last York Assizes, a,".id in which a/verdict was had for the plaintiffs for 901. on the first count, and for the defendant on the second, for a rule to show cause why judgment should not be entered for the plaintiffs non obstante veredicto. The question tote their Lordships' decision was one of some importance ag regarded the liability of churchwardens and other parish Authorities. It appeared from the evidence at the trial that a former vicar of the parish of Pocklington, in Yorkshire, had got some iron stoves, gas-pipes, and brass pillars, fitted up in the church for the purpose of lighting and venti lating it. A subscription was entered into among the parishioners for defraying the expense, but many persons thinking that it might have been done in a more economical manner, refused to con tribute, and he then paid the balance out of his own pocket. Some time afterwards, the vicar having left the living, and removed to another part of the country was induced to remove these fixtures, and an action was ac cordingly brought against him, on the ground that they were the property of the church. The defendant pleaded that he had received the sanction of Tyndall, one of the Churchwardens, for their removal, and on that plea (the second) there was a verdict for the de fendant. The question for the Court was whether the consent of one of the churchwardens, and the license given by him, was binding upon the churchwarden, and formed a bar to the action. The COURT thought the question required some consi deration, and deferred its judgment. MORRIS V. THE PRESTON AND WYRE RAILWAY COMPANY. Mr. KNOWLES moved in this case for a rule to show cause why a verdict should not be entered for the plain tiff upon the count for work and labour done. It was an action brought by the plaintiff against the Company for certain work done upon their line of railway. The case was tried before Mr. Justice Wightman at the Lanca shire Assizes, and a verdict entered for the plaintiff upon the count for goods sold and delivered, and for the de fendants on the other counts, with liberty to enter a ver dict for the plaintiff on these counts for such sum as an arbitrator might deem proper. The defend ants pleaded that they were never indebted, payment, and a set-off. It appeared that there was a special contract entered into with the plaintiff to prepare a certain portion of the line for the locomotive engines, and this was marked upon a plan signed by the prin • cipal engineer, Mr. Stephenson. Shortly after the con tract was commenced the plaintiff discovered that one part of the line was in such a state that it would re - quire a great deal snore work than was originally esti mated, and that 1w would be obliged to throw up the contract, which would prevent the line being opened ' at the time which was originally contemplated. It was then agreed that Mr. Stephenson and some of the Direc tors should go over the line, and see how the difficulty m ight be obviated. It was proved in evidence that Mr. Stephenson himself, after going over the line, had made an alteration in the plan with his pencil, and it was agreed that the plaintiff should execute that, as though it bad been the line originally marked out ; and farther, it was agreed that for the Work which the plaintiff had done upon the original line, and which it would be necessary to undo, the plaintiff was to be paid. The plaintiff now sought to recover a verdict upon the count for work and labour done—namely, for doing and undoing certain work upon thepart that had been ren dered useless. It was clear that the plaintiff's claim for that work could not be included in the special contract, because the line was opened on the Ist of May, and at that time all the work under the contract had been exe cuted ; but the portion of the work to which he now re ferred, was not completed till the 27th of May. The COURT thought it would be desirable to see the original contract before giving its decision. NOVEL APPLICATION. The SOLICITOR-GENERAL had been instructed in a ease, the name of which did not transpire, to apply to the Court for a peremptory mandamus under somewhat peculiar circumstances. His application was against the gaoler of th e manor o f P o mfret, commanding him to deliver up the body of a person named Forster, for the purpose le of h av i ng i t i nterre d. F os t e r had been taken upon gaol. The writ g o a f el e e a.B r the gaoler of t h e man of e r andup the ed body, died n u 9-' had refusedoarn d comtomdi Pomfret, t e t l e iv d to the custody of the ground that Foster was indebted to him for neces saries supplied while in gaol, and had threatened to n have the body interred' the gaol-yard without the usual religious ceremonies. lh the body, application and adt itohene had Court y iia d n would ? see possible that re the g p a a u r l ti a e u s d m t a a l k ki e ng the no power to en termedy unless the Court interfered by granting the pre sent said it should be f u ll y un d erstoo d t h at application. Lord . a gaoler had no lien upon a dead body. If there was any lawful ground that could be urged for detaining it, of course the defendant would not be in contempt, but the peremptory mandamus must go in the first instance. Rule granted. CIIALLON V. GREY. This was an action brought by the plaintiff to recover a sum of 151 . , bein g a deposit made by him to decide ee the issue of a spo rtin g wager. The case was tried befure the• Sheriff' of Yorkshire , a nd a verdict was had for the plaintiff for the sum cl4itned. Mr. CRESSWELL now moved for a rule to show cause why the verdict should not be set aside and a new trial had, on the ground of the admission of improper evi dence ; and also that the bet was within the terms of the Act, and of a strictly legal nature. It appeared that John Eastwood and Benjamin Eastwood signed an agreement for a trotting match between their two horses described therein, for a sum of 25/. a side. The money ortion was to be deposited by instalm en ts, and the greater pof John Eastwood's share of the 15/. was deposit complete by the plaintiff Challon. At a subsequent meeting to the stakes, Challon objected to depositing any more until • a new stake-holder was appointed, he having discovered that Grey was the brother-in-law of Benjamin Eastwood; and Grey refusing to deliver up the deposit, the action tugs brought. The.principal witness for the p laintiff was i John Eastwooa, and it was contended that the bargain being his own, he could not maintain an action in the name of Challon, and be himself a witness in support of it. The Learned Counsel cited the case of Ximenes v. Jacques, for the purpose of showing that the wager was strictly legal, and that the plaintiff had a right to have his money back.—The Court granted the rule. Having gone through the bar, the Court then took the old new trial paper, and several cases were struck out, the parties not being prepared, and the Court rose at the unusually early hour of half-past three o'clock. EXCHEQUER COURT, Nov. 3. HAZLEWOOD V. BACK. Mr. KNOWLES showed cause, on the part of the plain tiff, against a rule calling upon the Master to review his taxation of costs in the case. The action was brought to recover damages for the removal of the defendant's son from the educational establishment of the plaintiff, without previously giving one term's notice, according to the prospectus. The defendent had pleaded three pleas; first, no agreement; secondly, that the plaintiff had not afforded proper instruction; and thirdly, that during the period the boy was with the plaintiff, he was not sup plied with proper food. At the trial the first issue was found for the defendant ; the other two were found for the plaintiff ; and the Master had allowed him the whole of the costs caused by those two pleas. He (Mr. K.) now contended that the taxation was founded upon a just principle, and cited several cases in support of his position. Mr. WuiTEntiesT would not contend that the plaintiff was not entitled to some costs upon the pleas which were found for him, but he would submit that he was not en titled to the costs of the brief or the fee to counsel. Mr. Baron PARKE—The matter is quite clear. The plaintiff is entitled to the whole of the costs caused by those pleas he chose to put upon the record. There must be some check upon defendants, or by ridiculous pleas they might put the plaintiff to great trouble and expense. MR. WHITEHURST had relied upon a case in which the Common Pleas had restricted the costs to those of the pleadings. In the case then before the Court, al though the defendant had succeeded, his costs amounted to 321., while those of the plaintiff, who lost the cause, were only 28/. Mr. Baron GURNEY—He brought it all upon himself, first by pleading pleas which he knew he could not sup port; and secondly, by refusing to make any admissions even of hangwriting.—Rule discharged. BATTERSBY V. LAWRANCE. This action was brought by the plaintiff, a physician and surgeon, against the executors of a gentleman named Besman, to recover 46/. for his attendance upon the de ceased; it was tried before Mr. Justice Maule at the late Assizes held at Exeter, when a verdict was found for the plaintiff for the full amount claimed. Mr. CROWDER now moved for a rule nisi to enter a nonsuit, or failing in that, for a new trial. The evi dence was, that the deceased was suffering from a disease in the heart, but it showed itself in swelled legs and dropsical appearances. A surgeon named Tanner said it was a ease in which it was necessary to have the at. 4 4 . 9tidance of both a physician and a surgeon. As the plaintiff was the only one who conjoined both professions he was - 011 ed in, on the understanding that he was to receive a guinea for three visits. It appeared that he had attended—had done surgeon's work in assisting to bandage the deceased's legs, and upon two occasions he punctured them, but he (Mr. Crowder) contended that the plaintiff had no right to maintain the action because he had contriketed as a physician. He had attended as a physician, had prewribed; as a physician, and therefore could not maintain his action for fees as such. The COURT were clearly of opinion that there was no ground for a nonsuit. The evidence showed that the plaintiff had acted as a surgeon as well as a physician, and for that he had a clear right to recover. Mr. CROWDER would then uLore for a new trial on the ground that there was no evidence given to the Jury of the acts of the plaintiff as a surgeon, to justify the verdict. All the evidence showed was that upon two occasions he punctured the legs of the deceased, and once or twice assisted to bandage them. The Colin. would consult the Learned Judge who tried the cause before making up their minds upon the case. JOHNSON F. M‘DONALD. In this case the plaintiff, a soap-boiler in Liverpool, brought his action to recover 35C1. from the defemients, merchants in London, for the non-delivery of a cargo o' nitrate of soda. It was tried at the late Liverpool As , sizes before Mr. Justice Wightman, when a verdict was found for the plaintiff. Mr. STUART WORTLEY now moved for a rule nisi, for entering a nonsuit. The question tUrned entirely upon the wording of the contract. The sale, the non delivery, and the rise in price of the article we've ell admitted. In the sale note occurred the words "to arrive ex Daniel Grant," and according to the construc tion put upon those words must the case be decided. The defendant had the ship named on the west coast of South America, seeking a cargo of the nitrate of soda, but, it being a precarious trade, she did not succeed, consequently the defendant could not. perform the contract. The question was, whether the agreement — whether the words " to arrive," were not only a condi tional sale ? He contended it was, and cited various cases in support of his argument.—Rule nisi granted. SHARPE AND OTHERS V. THE GREAT WESTERN RAILWAY COMPANY. This action was tried before Mr. Justice Wightrnan, at the late Liverpool Assizes, when a verdict was found for the plaintiff, with 6621. damages. Mr. WORTLEY now moved for a rule to show cause why that verdict should not be set aside, and a new trial had on the ground of misdirection. said the plain tiffs were eminent machine makers at Manchester, and had, entered into a contract with the Directors of the Great Western Railway Company to make for them ten engines, with their tenders, of the best materials and „:nrkmanship, at the respective prices of 1,850/. and 4501. By the,; contract, the plaintiffs were to be held liable for the engines. !luring can month's trial, and while they ran 1,000 miles. gines were all delivered, were tested -.et, and settled for with the excep according to the coml.: • . Subsequent to the engines Lion of the above-lalance. having been accepted, the fire- u,7 of the engine, called specification, that the panther, burst.. According to the . thick, but _ part of the engine was to be 7-16ths of an inc.. did this one was found to be no more than 3-16ths. tA , not impute any fraud or carelessness to the plaintiffs ' but he was prepared to show at the trial that they had got somecopper, which was so impregnated with some foreign matter, that by some chemical process, it had worn away by the oxygen of the water. He contended at the time that he was at liberty to enter into these particulars, but the Counsel for the plaintiff objected that by the terms of the contract the makers were released from all liability the moment the engines were tested by run ning 1,000 miles, and the expiration of a month ; and his Lordship, upon being pressed, acceded to his view of the matter. He contended that the meaning of the con tract was that the engines should be tested as to their working condition and strength, and the defendant could not be concluded by their acceptance of them, when, as in this case, they found there had been a departure from the terms 'of the contract and specification. When the engine burst it was found that the boiler had iron fastenings, or rivets, in place of copper ones. His Lordship would have allowed him to go into that, but he (Mr. W.) refused to enter upon any single part of his case. He submitted that he was enti tled to a rule. The COURT was of opinion that, according to the true meaning of the contract, after the engines had been on trial for one month ' and had performed 1,000 miles, if they were then perfect and accepted by the Company, they were concluded from all challenge afterwards. The contract was fulfilled and the plaintiffs released. They were of opinion that the Learned Judge was right, and ;herefore refused the rule. MANLEY V. CRUMP. The plaintiff in this case brought the action as the exe cutor of his brother, to recover the sum of 600/. upon a bond, Oated in July, 1813, it was tried before the Lord Chief Baron at the sittings in London:after last term when the verdict passed for the defendant, Mr. ERLE now moved for a rule nisi to set aside the verdict, and for a new trial. The defendantpleaded pay ment of the money in the life time of James Manley, while, at the trial, the plaintiff put in a letter from the attorney of the defendant, in which, after eulogising the character of Mr. Crump, said, that during the last inter view he had with the deceased, he said he would never ask either principal or interest from him. Also, a letter from the defendant, asking for an inspection of the bond, in order to see when the interest was last paid, and pro mising a settlement, both propositions being at variance with the plea. The verdict was clearly against the evidence, which entitled him to a rule.—Rule granted. DERBY CLUBS-WATLING V. DEWEY. Mr. CRUMPTON said this was a case of trover, to re cover a card bearing the name of " Van Amburgh," a do cument belonging to the plaintiff', and forming part of the material of :Derby Club. The action was tried be fore Lord Abinger in London at the sittings after last term, when the Jury found a verdict for the plaintiff — Damages 731. It appeared that the plaintiff belonged to what was called a Derby Club, to the funds of which member's subscribed. The names of the members were put into one hat or bag, the names of the horses entered to run for the Derby into another, a lottery then took place, and whatever horse was drawn at the same time as a member's name, that horse was considered, for the pur poses of the club, to belong to him, and if that horse won the race, the holder of the ticket bearing his name became entitled to the stakes. In this manner the plaintiff became possessed of the ticket in question. Being in want of money he pledged it with the defendant for 5/. and he refused to give it up. At the trial the defence was that unless the money was repaid within a week, the ticket became forfeited, but the Jury disbelieved it. It was also proved that the defendant had said he would give 401. for it, and a wit ness deposed that it was worth 80/. He (Mr. Crurnp ton) was bound to argue the case simply upon its merits in . lavr, as the Jury had been against him. , At consider able length he contended that the whole transaction was under the Lottery Acts, the 10th William 111., chap. 17, sec. 1, which imposed a penalty of 20/. on any one engaged in any kind of lottery whatever. Mr. Baron:PAßKE—But here the whole had been com pleted, and the ticket whatever it was, was the property of the plantiff. Mr. CRUMPTON contended that without the illegal acts the ticket was no more than a mere piece of waste paper, and as such was worthless, Lord ABINGER—But you lent 51. upon it, and offered 40/. It surely was worth something then. Mr. CRUMPTON said he was then upon the law of the case, and a ga i n conten d e d t h a t the ticket was worth nothing, except for the illegal acts, and was therefore not worth enough to become the subject of trover. The COURT granted a rule nisi to reduce the verdict to a farthing, if upon argument their Lordships took the same view of the law as the Learned Gentlenman. COURT OF COMMON PLEAS, Nov. 3. Lo rdshi andpsrose uninteresting shortly a (Sittings at Nisi Prius.) The Court was occ u pi e d, f or littl e more than an hour, with technical ' f n t l e o r tiol-15 'Their eleven o'clock, and intimated that they would' take the new Trial Paper 'on- Saturday. BAIL COURT, Nov. 3. (Before Mr. Justice PATTESON.) His Lordship took his seat on the bench at 10 o'clock. _ THOMPSON V. MOORE. An application was made to the Court fo r a rule to show cause why an order made by Mr. Justice Wight man in this case should not be rescinded, and why the writs of capias issued to the Sheriffs of Devon, Somerset, and one other county, should not be set aside. The writs had been obtained on a representation that the defendant was about to quit the country. The affidavit on which the present appli cation was made, set forth that the defendant was an at torney of this Court, ths.t he had taken out his certifi cate for the current year, and therefore that it was not likely he would quit the country. Mr. Justice PATTESON—That is not enough. An at torney may quit the country as any one else, and then he loses his protection. Attorneys are not protected in order that they may run away, but in order that they may be here attending the Court.—Application refused. DOE DEM. FLEMING V. AMFIELD. This was a case of ejectment, tried at the last Surrey assizes, in which, as no consent rule had been produced, the lessor of the plaintiff had been nonsuited by direction of the Learned Judge presiding at the trial, with leave to move to set aside the nonsuit. Mr. JAMES according]' this day applied to the Court for a rule to show cause why the nonsuit should not be set aside and a verdict entered for the plaintiff. The Learned Counsel, in support of his application, contended first, that it was not necessary that the consent rule should be produced; and, secondly, that if an irregularity had been committed, the defendant had no right to take advantage of it at nisi Arius, but should have applied to the Court previously to set aside the issue. The defendant had pleaded after he be came aware of the irregularity, and therefore could not take advantage of it. The Learned Counsel then cited several cases in support of his argument. Mr. Justice PATTESON—TaIe a rule to show cause. Application granted. DOE DEM. KINGSTON V. KINGSTON. Mr. ERLE in this case obtained a rule nisi for 'setting aside a warrant of attorney, on the ground, that when the warrant was executed by the defendant, he was not at tended by his attorney. QUEEN V. STOWELL. In this case two indictments, which had been found against the defendant at the Central Criminal Court, had been removed into this Court by certiorari. Mr. GURNEY, on behalf of the prosecution, applied to the Court to quash the first indictment, on the ground of informality.—Rule nisi granted. ALLEN V. WALKEWBY. This was an action on a bill of exchange which had been accepted by the defendant. It was tried before the Secondary of the City of London, and notwith standing the hand-writing of the defendant had been distinctly :worn to, the Jury returned a verdict for the defendant. Mr. JAMES applied for a rule to set aside the verdict on the ground that it was perverse, and contrary to evidence.—Rule nisi granted. (Sittings at Nisi Prins.) POLICE MEDDLING.—ATKIN V. SIMPSON. This was an action to recover damages for an assault and false imprisonment. Mr. PRIDEAUX having opened the pleadings, Mr. THESIGER stated the case to the jury. The plain tiff was a gentleman studying for the bar, and on the 9th of May had accompanied a friend. Mr. Prior, the barrister, on a walk to Kensington. At about four o'clock in the afternoon they entered the Black Lion Tavern, kept by the defendant, and ordered some refreshment, among other things some lamb, for which they agreed to pay 2s. a head. The amount they owed the plaintiff for the refreshment furnished was 75., and they tendered 75., and 6d. for the waiter. The defendant said their reckoning was Bs., charging them 2s. Gd. each for the lamb. Con sidering this an imposition he refused to submit to it, and the defendant called a policeman and gave them into custody. When they came to the station-house the in . spector said he could not take a charge of refusing to pay a reckoning, when the defendant gave them in charge for creating a disturbance in his house. The Inspector recommended Mr. Simpson not to persist in his charge, Whereupon tile defendant said he would not do so if the plaintiff wraild pay 3s. more than he had pa id alread y . This vvas refesed, and the plaintiff and Mr. Prior were looked up Until Pine WPIPAt WhPll they were bailed out. was heard rr h e on I l e a g r i o s l t i r o% 114141Prri g lv d sse hPuj t d h i P t is tj t h e7s Y e g e f : Under these circumstances the plaintiff had brought his action. Prior, the first witness called, detailed the facts of the P4Sa as Sta!ad in the opening speech of Counsel. On his cross-examination, witnuss said that both him self and the plaintiff were Irishmen, but that ha W 44 4 member of the English Bar. They had agreed, first of all, for two plates of lamb, at one shilling per plate ; the lamb was to be shoulder of lamb, but they sent up bad looking lamb, from the scraggy part of the neck. They eat this all htit the bones, before the joint was brought. The joint w the ahogider, and had not before been cut. The waiter complained of their haying, after they had finished eating cut the joint all tO pieces. This was what he had been directed by the landlord to say as ' the reason of the overcharge. The waiter did not state that the charge of 2s. 6d. was made because they had spoiled the joint, hot because they had eaten so much. Mr. PLAW—Was there anything ieft All lint ? Wi tness —More than you would eat.—(4 Wig 0' Wits ness asked the landlord if ha thought he was so green, and said to him, Doea your mother know you are out ? He said, Old chap, you want a nurse to take parts AP you, Did not say, Don't you wish you may get your bill; old fellow, Might have said, Don't you wish you may get it. At the station-house witness said, you had better charge for the two shilling plates, That did nut make the 10S„ because the agreement was for 2s. Perhapa he might have said, in answer, I will add the two shilling plates if you wish it. Witness was exceedingly quiet in the house, Witness has brought an action. Does not know when it is to be tried. Does not know that it was put off at his own attorney's request. Mr. Atkins is now in Ire land, Witness gave instruction to bring his action the evening after he returned from the Pollee-of ice. Plaintiff did , the same, Defendant offered to pay costs, and make an apology, but that was unless he were paid 104 The my offer. Mr. Atkin refused the costs I :: only ha: - s" , that he should pay 101 to the and an apolog s i‘ not i terms witness offered we._ and make a public - charity fund of the Police Corn ~ ri:ley did not apology. This defendant refused t o do:, offer the defendant their cards. They yeti; pct. strangers to him. No offer for settlement was niatio witness but through his attorney. Re-examined—His father is Vice Provost of Trinity College, Dublin. Mr. A. W. Irving, attorney for the plaintiff, and also for Mr. Prior, received instructions to bring the action on the 11 th May. Mr. Prior's action has been post poned because Mr. Atkin was obliged to be absent in Ireland during the early part of the term. All pro posals -for-arrangement took place through witness. Mr. Simpson Called on him and offered terms of settle ment. Witness said he would see plaintiff. Defendant proposed to make an apology, and pay the expenses, The expenses were about 21. in each action. Witness, after seeing plaintiff and Mr. Prior, proposed to settle on defendant making an apology, paying the expenses, and paying la in each action. The 101. in Mr. Prior's case to be paid into the poor-box at the police-office. Nothing was said about the 101. in the present case. Mr. Simpson did not agree to those terms. He said he would think about it, and witness never heard from him after. Cross-examined by Mr. PLATT—Is quite sure that Mr. Simpson was told the money was to be paid to the charity-box. Did not say it was to be paid to witness himself. It was not stated into whose hands the money was to be paid. Has no memorandum of the conversation. Supposes Mr. Atkins's 10/. was for himself. The offer to settle for 101. was made on witness's second visit to defendant. Re-examined—Did not expect to be called as a wit ness in this case. Cross-examined resumed—The attorney, a Mr. Simp son, called on me afterwards, but on the first occasion, to the best of witness's recollection he was not accom paniectby the gentleman pointed out. Does not think May, the attorney for defendant, called twice, but is not certain. To the best of witness's recollection Mr. May never called with the gentleman pointed out. Saw the young man several times in the course of the action, but will not swear that he ever in his presence mentioned the poor-box. Samuel. Hampton. police-sergeant, to whom the plain tiff was given into custody by defendant, described the circumstances as detailed by Mr. Thesiger in his speech. Mr. Prior proposed to go to the station-house, as he said lie wanted a lark. Mr. Prior said they were lawyers, and knew exactly how far the policeman could go. Witness asked defendant if he had the address of the gentlemen, and Mr. Prior said they had never been asked for it. At the station-house Mr. Simpson said he had for gotten to charge for two plates. The Inspector asked if they had created a disturbance. Defendant said they had. The Inspector asked witness it there was a crowd at the house. Witness said there was, and the Inspector took the charge. Cross-examined by Mr. HumennEsz—Witness said to Mr. Atkin h e th oug ht he had better settle with the land lord. Mr. Prior interfered, and said, "No, I want to have a lark." Mr. Simpson then went into his house. The mob collected could not be off hearing Mr. Prior saying he wanted tb have a lark. At the station-house Mr. Simpson charged them with having cut and hacked the joint in a very improper manner. They said they did not see any impropriety in having a good appetite. Inspector Brown, who took the charge at the station 'house, corroborated the testimony of the last witness, as. to the occurrences at the station - house. Mr. Simp son said he had no wish to press the char g e if they would Pay for the refreshment the y had had. Witness asked the police -sergeant if the re was a crowd outside. The sergeant said Yes , and witness entered the charge against them for creating a disturbance at the house of Charles Simpson. The cell in which plaintiff was locked up had no window. They were there an hour and a half. When before the Magistrate Mr. Simp son said he did not wish to press the charge. Mr. Atkins said then he should bring his a ction, and the Magistrate said " You had better not." Mr. Rawlinson was the Magistrate. Defendant entered into a detail of the cir cumstances, but did not press the charge. Mr. Justice PArrEsoN (to tha witness)—lt is no part of your duty to suggest a charge to any body. This action is principally owing to your officiousness in sug gesting this charge. The police have an excellent nose for smelling out a disturbance. James Taylor, a sergeant in the Guards, who was ill the room in which the plaintiff had dined, stated, that the landlord complained that after gour mandizing a shoulder of lamb they refused to pay the extra charge. Mr. Prior asked, "Do you think we are green ?" " Does your mammy know you are out ?" .. Has she done suckling you yet ? if so, you ought to have a nurse." There was no other disturbance. Both parties were irritated. Cross-examined_Simpson did not attempt to prevent them from going out of the room. Mr. PLATT, for the defendant, asked what did the case amount to ? The plaintiff and his companion, who, for anything that appeared to the contrary, might be supposed not to have dined for two days, went into the plaintiff's house, and with a caution which gentlemen in their state did not usually adopt, they bargained before hand, and on the landlord remonstrating with them on their spoiling the joint, and charging 6d. a-piece more than agreed for,,,Mr. Prior used language which no gentle man at thetßar could be supposed to use. Could Mr. Simpson imagine that persons making use of the slang of pickpockets could be moving in the situation of gen tlemen ? However, he did not give them in charge; they proceeded voluntarily to the Station House, so that there, could be no pretence for the action up to that time. ' Arrived at the Station-house the Inspector suggested the charge which was made, and Mr. Simpson, who was no lawyer, signed the charge which had been booked by the Dogberry of the station house. In that he had acted in ignorance of the law, and the verdict must go against him ' • but lie thought that one farthing damages would amply satisfy the jus- I tice of the case. The Learned Counsel then commented severely on the conduct of the plaintiff's attorney in sullyg out the writs before he had written a letter to de fendant, and on the conduct of plaintiff in endeavouring to put 10/. into his pocket at the Expen se of his unfortu- I nate client. Mr. Justice PATTESON, in summing up, said it was much to be regretted that the subordinate officers of jus tice were not better acquainted with their duty ; had they been so this case would never have been heard of. The inspector had no pretence whatever for suggesting to Mr. Simpson the propriety of making such a charge, and even had Mr. Simpson voluntarily made it, the inspector had no power to take it. The Metropolitan Police Act gave great power to policemen seeing any thing im proper going on, but those powers were confined to the police actually on duty in the street, and seeing the com mission of impropriety, but an officer at a station-house had no power to lock up an individual because a person chose to come and say this man has been creating a disturbance in my house. He wished this was more generally known, for people seemed to imagine that the police had the power of settling every thing ; and he had recently seen several instances in which serious inconvenience had arisen from their improper interference, The Jury found a verdict for the plaintiff—Damages, 40s. ; costs, 405. COURT OF BANKRUPTCY, Nov. 3, IN THE MATTER OF JAMES EBENEZER SAUNDERS. This day being appointed for the choice of assignees under the fiat issued against' the bankrupt, who carried on business as a linen Manchester warehouseman, at 48, Friday-street, Cheapside, a number of creditors were in attendance. After a lengthened discussion, John Covey, Esq., of the Custom-house ; C. 11. Reid, of Wandsworth road, gentleman ; and Mr. G. Roe, wholesale boot and shoe-maker, of Kingsland-road, were eventually Appointed, IN TUEMATTER, OF RIOUPATIP The bankrupt in this ease carried on an extensive busi ness as a fish factor in Upper Thames-street. The creditors met for the purpose of choosing an as signee, a hen Mr. M'Cabe, of Cornhill, was chosen. POLICE INTELLIGENCE. GUILVIIALL. A miserable looking creature, dressed in the work house garb, was placed at the bar, charged with the fol lowing daring robbery Alr. William Barnet said, he was a watchmaker in Brick-lane, Spite'fields. About seven o'clock on Tuesday he observed the prisoner looking in through his shop window for nearly a quarter of an hour, when he sud denly drove his arm through it, and snatched up a valuable watch which was exposed for sale in the window, with which he ran away, but was eventually taken, after a sharp run, and given into custody of the police. The Constable who took him into custody informed the Alderman that he had been only one week discharged from prison. He was fully committed for trial, and the parties bound over to prosecute. BOW-STREET. A youth named Wm. Reeve was brought before Mr. JARDINE yesterday, charged with breaking open a cash box and stealing its contents, the property of Mr. White, tobacconist, Strand, his employer. It appeared that it was the duty of the prisoner, who did not reside on the premises, to open the shop about nine o'oo4 every morning, and on Friday last he went to his toaster's bed-room to get the key for that purpose. After taking dawn the shutters, he called to the servant girl to attend to the shop, while he went, as he pretended, for a bundle of wood to light the fire, and he was not seen again until he was in custody. The prosecutor said he paid the prisoner 6s. a week, with his board, to attend on customers in the shop. About eight o'clock he handed him the key, and on going down stairs in an hour after, he missed a bundle of small cigars, with the case produced, from the shop-window. His attention was next called to the desk at the end of the counter, where the prisoner knew the money was kept, and he found it had been recently broken open with the chisel produced], which lay on the door, The cash box, w hich lay in the desk, was also broken open with much force, from which was taken four sovereigns, 10s. in silver, and a half sovereign that lay in the desk. The money was all safe on the previous night, and witness, took the key of the desk up stairs with him, when lie re tired for the OWisttible lade, who apprehended the prisoner, being informed of the robbery, found him in the company of some girls, at the Grapes public-house, in Old Compton §treVtt 5091 and on asking him if he knew Mr, White, the tobacconist in the Wrand, he replied, he did not. He was then taken into custody, and on being searched, a sovereign, some silver, together with the cigar-case pro duced, were found upon him, and the latter identified by the prosecutor as his property. The prisoner declined saying anything in his defence, and he was ordered to be Wily ocramitted to Newgate for trial, IMPORTANT SALE OF ESTATES BY MR. W. W. SIMPSON, On Tuesday week the important sales of landed property, manors, &c., in West Suffolk, of estates at Saffron Walden, Chcsterford, and Colchester, and alse in Berksl.ire, which had been announced in our paper, by Mr. W. W. Simpson, took place at the Auction Mart, and the result showed that the Anti• Corn law agitation had not shaken public confidence in the profitable secu rity of the soil, or diverted capital from large invest ments in land. The room was filled to overflowing by gentlemen from the country, and by great Lumbers of the capital ists of the metropolis, amongst whom there was a good competition for the property in Suffolk. Mr. Simpson, in introducing the property to their notice, said he was exceedingly gratified at the numerous and highly respectable attendance which be saw before him, both of gentlemen from the counties in which the estates were situated, and of London capitalists, because it augured well with re• gard to the disposal of the property he was about to offer them. From the long experience he had had in sales of this kind, and looking to the present state of affairs in this country, he was convinced there would be such a permanency in agriculture, with a due regard, of course, to all other interests, that the investments now made would prove satis factory. He had just returned from Ireland, where he had seen the feeling respecting the present Government in regard to the protection that would be extended and continued to agriculture, as well as to the manufacturing, the commercial, and all other interests, that it was quite extraordinary to witness the desire which obtained to make investments in land, and the sales he had recently had clearly showed that the capitalists had great confidence in the permanence of agricultural prosperity. Certainly, be observed, the funds were high at present, and therefore those persons who sold out at the present moment might realize a much higher value than future results might give ; for looking to the prospect of events—the position of affairs in China—the feverish state of things in America—and the aspect of political matters in other quarters, if a shot even were fired in Europe or in America, it might knock down the Three per Cents., 20 per cent. With re spect to the estates in West Suffolk, which he had to offer them, they were disposed of by J. Mosely, Esq., of Glemharn House, Saxmundham, for the purpose of effecting investments around his mansion and domain in East Suffolk. Therefore it was not a forced sale ; neither was it a sale because the property was out of condition, for the tenantry were a most superior class, the land was highly cultivated, and the farms were let at corn rents, the scale upon which the present rental was calculated upon the average price of corn being of a very moderate description. He had only to add that the estates were in the hands of the company, for he had not a single person in the room to support the sale ; there were no puffers or setters employed ; and the only person present was the person he was obliged to employ to protect himself from the payment of the auction-duty. THE SUFFOLN: ESTATES. Lot I. Drinkstone Hall, a valuable freehold estate, containing 309 A. 2a. 34e., desirably situate in the parish of Drinkstone, seven miles from Stowniarket, eight from Bury St. Edmund's, twenty-one from Ips wich, and seventy-nine from London, comprising a com modious farm-house, containing two sitting-rooms, kitchen, two store-rooms, buttery, large dairy and beer cellar, eight bed-chambers, and three attics. A good garden, agricultural buildings, and a large farm-yard. The land comprises 232 A. Oa. 36e. of arable, 64A. 2e. 22e. of meadow and pasture, and 11 A. 3R. 16P. of wood and plantations, let to Mr. J. Raynham, sen., on a lease of eight years, from Michaelmas day, 1838, at a corn rent averaging 2931.55. per annum ; outgoings 221. 9s. —Mr. James Gudgeon, solicitor, Stowmarket, for John George Hart, Esq.-7,000/. Lot 3. The advowson and next presentation of the rectory of Rattlesden, consisting of a residence, situ ated close to the Church, in the village of Rattlesder, with the necessary out-buildings, and a good garden ; the great and small tithes of the parish, extending over 2,699 acres of valuable land, and which have lately been commuted at 770/. per annum ; there are 37 acres of glebe land belonging to the rectory. The quantity of arable land in the parish is 1,907 acres, and the quantity of grazing land is 755 acres ; the latter pays certain moduses in lieu of tithes. The present Incumbent is in his 73d year. Outgoings, 161. 12s. — Bought in at 5,450/. ; there having been two offers of 5,000 guineas for it, and would no doubt be shortly disposed of by private contract. Lot 4. A freehold estate, called Rattlesden Hall Farm, situated in the parish of Rattlesdee, within five miles of Stowmarket, and consisting of a commdiouso farm-house, a garden, and well-arranged agricultural buildings, farm-yard, and 155 a. lit. 4r., let to Messrs. Raynham, on lease for 8 years from Michaelmas, 1838, at a corn rent, averaging 2121. 10s. ; outgoings, 111. 188.—Bought in at 5,200/.—Mr. Simpson pledged him self that the sum which the vendor would take for this lot had been offered, and it would be sold by private contract. Lot 6.—A freehold estate, comprising Tiptofts Farm and Brook Hall Farm, the latter with a reputed manor, called Brook Hall, situated in the parishes of Badwell-Ash and Ashfield, eight miles from Stow market, and twelve from Bury St. Edmund's ; con sisting of a commodious and nearly new farm house, a good garden and pump of water in dairy, farm yard inclosed by stone walls, and agricultural buildings, most of which are newly stone-built, slated and tiled , together with 306 a. la. 26v. of superior land, in a very high state of cultivation, the greater part tithe free. The farms, with the exception of the wood land, which is in hand, are let to Mr. G. Mayhew, for an unexpired Iterm of five years, from Michaelmas, 1841, at a corn rent, averaging 389/. 11 s. 4d. per annum. Outgoings 221. Bs.—Mr. James Gudgeon, for Mr, George May hew, the tenant, 8,8701. Lot. 7. The advowson and next presentation to t!-, e rectory of Wyverstone, comprising a new l : perecte d - residence, stabling, and good garden. I'he great and small tithes of the parish, which cr.;ntains 1,309 acres (whereof 836 acres are arable anti the remainder grass land), have recently lle4__ commuted under the new Act, at 3504 per ana . tn, There are about 15A. 2 R. 9P. of glebe land, tying close to this house, belonging to this living, The present incumbent is in his fifty-first year, The land•taz reciconed.—F. H. Janson, Esq., 1,8801. Lot 8. A freehold estate called Wyverstone Farm, situated adjoining Tiptoft's Farm, in the parish of Wyverstone, consistie of a commodious farm-house (the inside nearly pew), a pump of water, a good gar den, 4401 a large farm-yard, the requisite agricultural buildings, aad 1824, IR. 4r. of excellent land, in a high state of cultivation, let, with the exception of the wood had, to Mr. Kent, till Michaelmas, 1842, at a corn rent, averaging 1841. 3s, 4d. per annum; land-tax ro deemed.—Mr. J. Gudgeon, for Mr. R. Howlett, 4,6501. Lot 9. A valuable freehold estate (with the excep tion of two acres, which are copyhold), called Wyverstone Park Farm, situated adjoining the last lot, in the parishes of W3verstone and Westhorpe, and consisting of an excellent farm-house (the greater part newly built), walled garden, and pump of excellent water, agricultural buildings, 322 A. 3R. 26p, of productive and well cultivated arable, meadow, and pasture land, lying completely within a ring fence, with a double cottage, and blacksmith's shop, cottage and garden the farm (except the wood land) let to Mr, R. Howlett till Michaelmas, 1842, at a corn rent, averaging 3641. 15s. 10d. per annum ; iand-tax redeemed. Outgoings ss.—H, J. Oakes, Esq. 10,0401. Lot 10. The Manor of Wyverston, extending over the entire parish of Wyverston, containing 1,309 A. 3R. 3P.; total income, 83/. 103. 3d.—Bought in at 2,1501. There was, we understand, an offer from one gentle man for all the remaining manors, to the full amount at which they were bought in ; and the whole of the property, therefore, has been, or will be sold in the course of this week, producing the sum of 50,1201., be ing, after deducting all out-goings on the estate, the value of 28 years' purchase on the net rental. As a striking proof that capitalists do not, in consequence of the menacing attitude which some parties assume to wards the Corn-laws, shrink from investments in the land, it way be stated that since the 16th of June last, Mr. Simpson has sold property of this description to the amount of 167,2301., namely, the Barrington Hall es ates, 56,786/. ; the Baroness Clifford's estates at Can erbtuy, 60,325/. ; and Mr. Mosely's property, 50,1201. THE CROWN INN, CHESTERFORD. Mr. Simpson stated that the worthy proprietor's father had lived in and carried on this splendid property for more than half a century; and he did not part with it because the house or business was in a decaying state, for it continued as flourishing as over up to the present moment ; and in fact the Railway had brought an in crease of business, as a proof of which he might state that 43 pairs of horses were out in one day last week. Mr. Edwards, in fact, bad made his fortune, and as his heaith was not in a good state, he wished to retire into the " otium cum dignitate."• The property consists of the old-established and ex tensive concern, distinguished as the Crown Hotel and Posting House, situated at Great Chesterford. Essex, four miles from Saffron Walden, eleven from Cambridge, fifteen from Hockerill, and sixteen from Newmarket ; the greater part freehold ; with a large farm-yard, ex tensive kitchen and pleasure gardens. The purchaser to take the stock in trade, horses, chaises, furniture, plate, linen, fixtures, at a valuation.—Bought in at 4,6001.—Mr. Simpson stated though it was not sold in the room, two persons were desirous of bu)ing it by pri vate contract, and he had no doubt he should succeed in disposing of it before the end of the week. COLCHESTER DISTILLERY. Lot 1. A freehold property known as the Colchester malt distillery, situated on the navigable river Comae, comprising a substantial family residence, lawn, shrub bery, garden, orchard, and pleasure grounds, with ex tensive outbuildings, brewery, granary, and workshops, with brewer's house, a substantial brick-built and slated mill, brew-house and still-house ; spirit store capable of holding 25,000 gallons ; with all the necessary offices, capable of manufacturing 300,000 gallons of spirits an nually. The entire property freehold and tithe-free. The purchaser to take at a lair valuation the plant and utensils. Lot. 2. A substantial brick-built windmill, with pa tent sails, driving four pairs of stones, situated near the last lot. Also, three tenements and a detached cottage. There was not an offer for this property. UNIVERSITY INTELLIGENCE. CAMBRIDGE, OCT. 30.—At a congregation on Wed nesday last the degree of Doctor in Divinity was con ferred, by Royal mandate, on the Rev. George Au gustus Selwyn, of St. John's College, in this University, Bishop of New Zealand. David Thomas Ansted, Esq., M.A. of Jesus College, and the Rev. John Cooper, M.A., Of Trinity College, have been appointed pro-Proctors for the ensuing year. On Thursday last, in the vestry of Great St. Mary's church, the Rev. John Hymers, D.D., of St. John's College, was elected into the office of Lady Margaret's preacher, vacant by the cession of the Rev. Richard Newton Adams, D.D., of Sidney Sussex College. The Seatonian prize—subject, " The Call of Abra ham"—has been adjudged to the Rev. Thomas Edwards Henkinson, M.A., of Corpus Christi College. Mr. Han kinson has now obtained this 'prize eight imes, namely, in 1831, 1832, 1833, 1834, 1835, 1838, 1840, and 1841. The following is the order of the classes in the Civil Law for the academical year, 1840-41 : First Class.—Howes, Trinity Hall; Stone-streets, John. Second Class.—Jenner, Trinity Hall; Caldwell, Tri nity Hall Third Class.—Roche, John. The Rev. John Shaw, M.A., late Fellow of Jesus Col lege, in this University, has been presented to the vica rage of Stoke Pogis, Bucks, vacant by the cesion of the Hon. and Rev. S. G. Osborne ; patron, Lord Godolphin. Rev. John Hampden Gurney, of Trinity College, in this University, has been appointed chaplain to the Lutterworth Poor-law Union, in the county of Leicester. Rev. H. H. Mason, M.A., Fellow of Christ's College, in this University, and Assistant-Master of King Ed ward's School, Birmingham, has been appointed head mas ter of the Free Grammar School, Brewood, Staffordshire, The Rev. John Wollaston Karslake, late of Magdalene College, has been presented to the vicarage of Culm stock, Devon, void by the cession of the Rev. W. Karslake MUNI CIP NOTTINGHAM. PARK WARD. Dr. Pigot Mr. Sneath EXCHANGE WARD, Mr. Bradshaw Mr. Hadden SHERWOOD - Tv . 259 I Mr. SargerA ............. 245 250 I Mr. sio-: jd ........ 238 Mr. Taylor • 9O. 17 3 Mr. Minnitt — . i I Mr. Rawson ............ ... A - RD. ......... ,„ %•... 225 I Mr. Cheatham ...... ~.• 11 ' 1 . .6'r. MARY'S WARD. Mr. 292 1 Mr. Eddowes ............ ~ Mr. Morley ... . 279 Mr. Knight, , 290 I Mr. Adams .............. 2e A ST. ANN'S WARD: ,-. 323 I Mr. Tomlinson ......... w 324 Mr. Surplice ............. 31O! BYRON WARD. , - 317 Mr. Aulton. 360 i Mr. jtcYjkett ............. . Mr. Frearson CASTLE Y 4) j -1 „4-: .- ii.ibbert ............. 3" . - ,VARD. ••• 1 31 . - 3 Dr. 'Williams ..........•• 19 18: Mr. Rawson ..........•• and two Conservatives re-t, 'aril was . lost for want Mr. Galloway. Mr. Bean Mr. Wakefield 7 M. Biddle 36 There are twelv:, Lib era l s turned. Exchange exert:lon. CANTERBURY TOWN COUNCIL' 1...;TG ATE WARD. J. R. Reader 192 G. Sou tbee ............... I_s! J. Goulden NORTIIGATE WARD. 2 J. Brant, jun 179 W. M. Smithson ....... S. Beard DANE JO N W ARD. W. Rugbys l2O I R. Sankey ............... 1.5,1 J. Holliday ll9 I W. Sladden ............... Four Liberals and two Tories. CAMBRIDGE.—The annual election of Couucillo bus r tg e took place on Monday last. It was understood i would be contests in the two Barnwell Wards. . that in the other Wards the Tories woul d be tril:o turned without opposition. Scarcely-, however, had the polls opened, when it was - ascertained that all . n tor Wards were contested—a proceeding which gave it offence to the Tories, who expressed th e mselves in verL strong language upon the occasion. Great activity prig wailed towards four o'clock, when the Tories succeed° every Ward except East:Barnwell, which is divided- . ong NEWCASTLE-UPON-TYNE.—The Municipal Ble cti he took place this day (Monday). Nearly the whole ef the wards were contested, and the polling was kept up with considerable spirit during the day. In the Wards oi cest John's, South St. Andrew's, North St. Andrew's, smarty/' a All Saints, the Tories made determined efforts to w member, but they did not succeed, except at Sout h St. 'OO drew's,' where the Tory opposition/threw out th e ra ls Tory Member. Their opposition against the ~ the did not succeed, but they have elected a Tory 1 %01 room of one they have displaced. In St. Nich olas tb' East All Saints' Wards the contests were am on g% n od Liberals themselves. In th. Westgate: and Je s 7, - , j r , Wards there were no contests. The results arm teen Liberals and two Tories. THE MARKETS.-YESTERD AY CORN EXCHANGE. the The] fresh supplies of Grain were very short, weather being dry, and our buyers showed less ine w ere Lion to purchase. The prices of all kinds of Cern m - o d as stated on Monday, with little doing. The cle ,rnce. for Flour has slackened in consequence of the ad in price. NEW GATE AND LEADENHA LT , Game and Poultry in fair request, the supplY 'roe and prices as last quoted. Eggs chill of sale, 0 . „,pcl supply large. Meat was in good supply, that dre`"ttotio' dull, but prices the same, with the exception of - 1 . 11. which declined full 2d. per stone. COLONIAL MARKET. The operations we-e small either for home 11 0 1,ijoo port, but holders were firm, and in prices little van te. cl. took place ; the quantity of produce offered NOS The arrivals keep small. TEA MARKET. te d, b` l l Holders were firm and prices were. full supPor the operations were small some parcels were dec te a. for sale on Friday. News from China is daily es P ee' TALLOW MARKET. The trade were cautious, but holders were fi i ris „ D ' deti P.Y. Candle on the spot could not be purcha sed 475. per cwt., although the arrivals-keep large. IRISH MARKETS. ncl' ' DUBLIN MARKET NOTE for the Week ending -- ____.------- - Ave ri ' n 1 From 1 To 0 Wheat,perbarrelta stoe 0 36 0 ' 0 I Bere ~...... l6 stone l5 0 16 0 , )9 ; 3 Barley l6 stone.. 0.. 17 0 20 1 ,: 11 0 47 Oats 14 store. 10 6 12 , 6 (1 Flour, per cwt 8 stone.... - 0 - l3 652 Oatmeal ....-- 8 5t0ne...... 12 e 1 4 u 51i Sold to Bakers only. n '29 8,819 Cwt. Flour ...... ...... ~......... 10 0 ' 2O " s ack. od Average price . .d• Wheat and . our 56, Sd per li - Receipts of Flour, 13,910 Is nrsts ..... ....... from . .t9s.. Oct 5 ;,'„ , , i 7 5 s P i l o Sales of Do. P.,596 1 - I .`r r r i . :::::: g o o t to tt. ' l ' t " ) Z o d. co j PAIGE OF BILICAP. 4 5 0* Quarter': Loat ..... 4 2M 3. I Hall QS.- taartern ....o 0. CORK ARKETOet. 30. • n 0 1.7.-0 Wheat (per 205t.)12s ud.tc3 7 s. 0, . 1, Sate , per list.... 75 "-, Barley (per lfst.) 9 0 116 0 Floer (per cwt )... 12 ,, Oatmeal (per cw t„)..... ...... es.. 00 to if's 0 ,, _ 6 4 4d t',,., Reef, 4d. to 7c1.-Alutton,.sd. to eirt..-Veal, Pork, 44d. to 5d.--Fresh Butte', ri trt PRICE OF BUTTER. TO the Coo, g To the Merchants. . ' First Quality... ..... ............. 03 A, _........... .......... ..::: . SO ..o.••• ... 's Second lOO. Se lid Pe r I " • Third .. ..... . Fifth ....... ........................ 88 ............•••*" ........ 46 Sixth .... 58 ............. .............. CLON NELL NI A RKETS.-.oet. 30 e. Per Cwt.. 0 s d. a. d. ie d. ‘74 0 etew Butter .........84 uto 8 ) 0 Hales (raw)... ..... ,--- ‘ , l ' " 44 0 Oatmeal - 0 "12 6 BaC011P1.14.•••• ...... .4 4 ...• Rendereu Lard - 0 52 '1 Heads 22 ' 0 Per 831. i'l g flour, Second - 0 41 ' 1 Flout,Ttords....... f ' l O "... —Household -. 0 42 01-- liouitus..... 20 - 9 Pet Bartel. 1 O - 01 Barley ...».«.»....,11 ~, 10 0 C. - ialo .................- f'4 l . KILKENNY MAltiaTs• 0.,. ode t 4 „ 1) ' Wl.eat s per barrel)2BB.od.to 354.0 d. Reel 'set It . ••••.‘ n ' 5 y, 1 Barley 12 0 15 0 Mutti:0......-••••• ` o ' 4 ` i ; l i sts 14 0 15 0 ('oil .......•••••••- 0 6 , 0 Flour (per bag) 20 0 b 8 0 Vesl ....i......... 5„ 0 OD Buttcr(perewt.) 90 0 106 0 mesh Butter .... t ., 0) .. Bacon Pigs 38 0 42 6 Salt Ditto .......• 1- 1 ; g / Coals I 0 1 2 Potatoes ;per 5!) .. .. e. ._,,.,,,... 1 ._, - - rlor .—._ ~___, _ PLATE.—T. COX SAVORY `'. 0 fr' cl en 51 ' °° 0 11 ` turing Silversmith, No. 47, Cornhill, London, so y ,) iT Os Gracechurch-street. The best wrought FIDDLE 1- ' , o ce. jo y SILVER SPOONS and FORKS, at 7 s. 2 d . Per °i.ticles following are the weights recommended , but the 3 , be had lighter or heavier at the same price per ounce:,, Xi s 0 oz. 4 4 f,.. 16,1 31 12 Fiddle Pattern Silver Table Spoons 30 a t 2 . V 12 ditto Dessert ditto 20 7 .;.:. 11) 9 4 12 dal° 'table Folks 3O 7 ',.. 1 11 9 12 dim. Dessert ditto .0 7 , i.... 5 11 8 Gravy Spoons ...., 10 ' t.. 1 6 6 2 ditto 1 ditto Soup Ladle..i. 10 i • . 'I t i 4 ditto Sauce ditto 10 7 ... 1 10 6 4 ditto Salt Spoons (gilt strong) .................... ! 0 9 ,.. 1 ditto Fish Slice ......................... . 4 ....... ' O l5 u l 12 ditto Tea Spoons lO 5 „ il te" 1 pair ditto Sugar Tongs (strong) ................ i i iu st th e N.B. A Price Current, stamped as a NewsPaP e la tise ts iiee by drawings, and containing every information t, e ' ea 5P ... ,P oet purchase of silver or Sheffield plate, may be br a „ in P'" tion, or will be sent into the country, free of Potw' to a paid letter. $O 3 r ecto di ° C. J. DENT begs to acquaint big A r eg ivitlg the Publie that he has just had the honour of re ' subjoined letter from the Admiralty : 0 . e r (Copy.) on a f 11 co " Admiralty, 29th Septet°b oe ~S ir--The annual trial of chronometers for the sal r e fool Majesty's Government ',laving now terminattd! 'i v to L o o' mended by my Lords Commissioners of the Adm' rs i a 9 woe° you that their Lordships have directed me toporel,:einst lowing chronometers at the various prices specified ab respectively, viz.:- 'nos Dent, No. 1,571 55 gul 0 Dent, No. 1,606........ 4O gui,it a , the Dent, No. 5,621 (pocket):,.:„ 30 g Ol l, o' o o " Their Lordships having been plksed, in orde i .v rt' ° superior performance of 1,571, to assign to it a P" increased price l o . that usually given. va nt, bet " am, Sir, your most obedient set drogt•si) " To Mr. Dent, Chron:nFe.teßrEA Maker,UFO B R 2 T , , s fl tr Y an t' t jecl i tl l: Out of SO Chronometers, by various Makers , ; a ieo ° 0 4 the late trial by order of their Lordships, the eedltil this above three, with two selected for the Niger DIP, he P ia th e others, enables Mr. Dent to affirm that he belie ve- e ter s ca l by year supplied their Lordships with more Chronote, to th use of the Royal Navy than have been furnished ~ toe the t'ls er o f any other Maker. ta te ho o- cv , It affords Mr. Dent additional pleasure - to 5 , the et 9 " to their Lordships' high recommendation he orie s ..e Nig having made a Gold Chronometer, presented t o t" b t t o o pedition by his Royal Highness Prince Albert- 3 R i o t tet t Dent's Lectures on Chronometers, Clocks , ant prose be obtained at 62, Strand, price one shilling , "" • 0 -4 ' customers gratuitously. 0 G ti'l' Present price of Two-day Chronometers, Rapeseed..." ...... 26 0 Here f t" DIED. On the let inst., in Mark-lane, John, the eldest 013 _ . - t late H. Barker, Esq., of Tedelington, aged 55. od.stiA On the lst init., Mr. Aint,er, o f Upper Grope o f BlAckfriars, aged 55. * 61 4 1 1' On the 2d inst., Jane, widow of the late Major i A d 03 , the 9th Foot, and Assistant Quartermaster-GenesZokill"' On the 2d inst., at Alderibptiate-street, Elizabeth,' 0, ter of the late Mr. J. E. Tibbs. : 0 A i°. On relict 29th ult., at Holland•street, Kens,ngtoete 79 . 0 , cock, of Lieutenant Henry El cock, 11. 1% I.: ag „, son" On the 210th ult., Elizabeth, the wife of E 0 0- ' s e,,ehe ster timer, Budge-row. On the 30th ult., Mr. J. Bennett, builder, a-- 0:7 0. row, ag J ed 60. pe n ce EfAl :,l ,l tell ° On the 30th ult., at Coalport , Salop, J. A*-- ireig",„3. jj'it ' u 4o— the 31st ult., Asher Jon es, Esq.;', late of her Majesty's Mint, aged 95. ~, ~,, Anthr- , On the 31st ult., at Manley Lodge, ,roll9.7g,telh AO° of the late Rev. M. Heady, of Peckham, age ( ' ''' r Mr. I' At West-green, Tottenham, Martha, the wife 0. King, of Queen-street, Cheapside, solicitdri London • Printed and Published by MV- DAY 41° 1.451114 Di No. 1 12,. Strand, at The Sun Office, No. 11`2, the county of Middlesex, Thursday, Ns:mashe 4, ----.-----..."-- if Of •• BIRTHS. ,h isal On the Ist inst., at Great Portland-street, — 9 of g• R. Wotton, Esq., of a daughter. ii ela d i d f , On the Ist inst., at Camden-row, Cambereie-, th 0 1 T .• R. Robinson, Esq., surgeon, of a datightef• the is - Gi O m n bie tl r 7 L 2 . o q t . h , o u f l a t. d , a i u n gh L te o r wer . Brook s treet , 0 0f ".' On the 30th ult., at Paris, the lady of S. ' William Sparks, Esq., of a son ' I latit , M.D., of adaughter. ,_, the On the 31st ult., at Crewkerne Somersetsuire, • Ph 4 MARRIRD. e b 00 ',oil' rnTaarnr,atnhti,rdEE: ofo BP.orittl.anßd:itdgerrmacaen: On the 2d inst. at Christ Church, St. 31aryl „f v Simon, Esq., of Carlisle, to Margaret, daughT u _ ri , On the 28th ult., at Kingston.upon-Thames, , ho tt " . Esq., o f plor e • .to et io je Cornwall, to Miss Cooper, niece of Mr. Row , c' f ' w "lY i Se ll Regent's-Peria J . g oo . At Frankfort-on-the-Maine, in the . house of I '.. e o r , a f tb 9 Majesty's Minister Plenipotentiary, J. Alston,:alr.,4or o `. Castle, Bedfordshire. Esq., to Anna, youngest d 'I , late A. H. Mercer, Esq. - I LLOYD'S SHIPPING LONDON, Nov. 3.—Wind this day at noon, E., variable. DEAL, Nov. 2.--Wind W.N.W.—Arrd. Eden, Noble, Singapore. Arrd. from the River, and sailed, Bermond sey, South Seas ; Wasdale, Mauritius ; Sisters, Cape Coast Castle. Sailed the outward bound. LIVERPOOL, • Nov. 2.—Wind variable.—Arrd. Potter, Valparaiso ; Nelson, Village, Quebec ; Invoice, Odessa ; Mary, Hamburgh, with loss of bowsprit, having been in contact with a steamer. Sid. J. Bagshaw, Calcutta ; Jane 'Anderson, Bombay ; J. Anderson and Kyrlam, Jamaica ; Isabel, Antigua ; Heroine, Barbadoes; Lotus, ' Sierra Leone ; Agnes, Cape de Verds ; Rebecca, Ma deira. The Emma, Jonos, for Waterford, has put back, having been on shore on the North Bank. Arrd. off, United States, Rochester, Warwick. Hum., Nov. 2.—Margaret, Leith to Petersburgh, was totally wrecked in Falkenburgh 21st ult., crew saved. PORTSMOUTH, Nov. 2.—Wind N.W.—Arrd. ship Sapphire, Quebec ; do. Spider, Rio; do. Britannia, Mediterranean ; Montreal, London for New York. Sid. Florence, Madeira. FALMOUTH, Nov. I.—Wind N.W. to N.N.W.—Fresh gales and squally.—Arrd. Magnet packet, West Indies —sld. from St. Thomas 28th Sept., with 45,000 dollars on freight. Sid. Montrose steamer, Vigo. KINGSTOWN, Nov. I.—Arrd. Wexford, Quebec. housie, with loss of rudder, boat, sails, &c. ; Busy, Ban gor, for Dungarvon, towed in wi th loss of sails, and bow sprit broken ; John Miller, Honduras. VEssEr.s SPOKEN WITH.—The Sea Bird, Stockton to Algiers, 15th ult., let. 38, lon. 12 ; Fox, of Falmouth, for Constantinople , 21st ult., off Sicily; Tiger, of Bos ton, from Rotterdam, Bth tilt., lat. 42, lon. 66 ; Cham pion, of ditto, 11th ult., let. 43, log. 53; Toronto, Lon don to New York, 19th ult., lat. 49, lon. 23, by the Elizabeth, arrived at Liverpool. Cassandra, 27th ult., by the Magnet packet, arrived at Falmouth. Hope, Liverpool to Bombay, 26th, lat. 48, lon. 10, by the St. George, arrived at do. William and Elizabeth for Liver pool,:in the Florida Gulf , b y the John Mel l , arrived at Kins-ale. Rapid, Cadiz to Bahia, 14th Sept., l a t. 9 S., lon, 3 0 W ., b y her Alniesty's ship Spider, a rr i ve d at Portsmouth. NOTICE TO MARINERS. The following has been received at Llyod's from their agent a Grenada, dated September 17, 1841 : s i a—ln a communication of ours to you, under date, June 28th, intimating that the buoys had been missing, we have now to state that the Harbour Com missioners have in the meantime replaced them with buoys, painted the same as the former, to distinguish the different shoals, and are to avail themselves of our senior's services (he being now in Englad), to procure buoys similar to the former, only a size larger. "We remain, Sir, your obedient servants, " KER AND HOYE& " To W. Dobson, Esq., !Secretary, Lloyd's." MORNING SUN CTIONS.