The Sun. — London, England, 1841-11-24 00:00:00

IVIORNIT-4G SUN SPIRIT of the I'UBLIC JOURNALS. FROM THE EVENING PAPERS OF YESTERDAY. GLOBE.-- , The Post affirms this mornipg that " the public know tnat Sir Robert - Peel is preparing statistics for the meeting of 'Par liament next year, in • order to the presenta tion--and defence of measures calculated 'to obtain the approbation of Parliament and pro mote the •welfare of the country." It must be mentioned, in candour, that the oddity of the ex pression—" preparing statistics," arises from the fact that the Post is replying to a sneer at Sir: Robert's statistics. We have no doubt, how - ever, that the phrase expresses pretty correctly the real amount of what Sir Robert Peel is pre. paring. Whatever measures he may think. " cuiated to obtain the approbation of Parliament" - -when the evil clay shall at length . 1 - lime 'that measures - must be at length proposed,—statistics enough we are at least sure•of--thasks for the op pidan " swine," whom Sir Robert has maintained• the fitness of " shearing," rather than " fleece the sheep." We are almost disposed to think that there is more propriety' in"this -cOoheotn parison of Sir Robert Peel than is at first - Sight obvious. It expresses a policy that will gU wool-gathering everywhere, except where Iwool is to be found. Are we to take the Herald's prediction of the probable upshot of Sir Ro bert's statistics ?. Then indeed the swine-shear ;rig and wool-gathering wits of this Ministry will be anendidly illustrated. The Herald announces that, iii amending the existing Corn-law (which even the Herald - lins 7 at length discovered is an operation which cannot be escaped), we are to look to the retnote prospect of Great Britain agaia- becoming nit• exporting country, and to promote that result, ‘ - .l4..granting a drawback of ss. or 6s. a quarter on, the -exportation of domestic wheat or fiour,'h.. The Herald consi ders -that, "such a drawback-would, practically be a relief in foreign markets to the excess of taxation imposed on 131.31i5h .over Continental agriculture" Tilese are the osme-ndin(mts of the Corn-laws contem plated in the Tory camp. We are to revert, 'limier the auspices of some new light of Mr. APCulloch, to-the policy of the first half of the last ceatury—tbat of paying from our taxes to enable foreigners to eat our corn cheaper than we ourselves are allowed to eat it! What is in teaded (called by its right name) is to compensate the landed interest out of the taxes, for the effect of all the miscalculations which attend monopoly. . -STANDARD.—The letters of Doctors Pusey and Gilbert, , which- . appeared in yesterday's Standard, reached our hands at an hour too late to allow that calm consideration of them which ,t„lie7itiipartance of their subject and the ranlC-Of the Nrriters must render proper, - before 'Venturiage' to -- offer an opinion upon the gdneral question of which those letters treat. Most willingly, indeed, would we avoid that question, as we have hitherto avoided it to the .utmost of our ,power—with .the same feeling- With which .well-disposed children try to • chose. their ears against. the altercation of their, parents; but the. painful task of pronouncing a decision is now forced .upon all who appreciate the clanger threatening the El niversity,the Church, and. the country. .Even now we venture to speak chiefly in the-hope that by a timely expression of public opinion the dangerous controversy may be interrupted, through the prudence of those who Have moved it ; for if prosecuted to a final deci sion in the particular case, the consequence, whatever that decision may . - he, . cannot fail to cause great injury. Such a decision will present a poll of the followers of Doetor.Pusey on the one , side, and of. those , • who decline to adopt all that gentleman's opinions on the other ; and however the numbers may stand, the " unhappy division" (we use the Rev. Gentleman's own words) must afford occasion of triumph to the Romanist or to the other secta rian enemies of the University and the Church. Let us hope that the prudence of DroPusey and his friends, warned by the voice of the pub lic, will spare such a scandal. If they are sin cere in the reverence for the Church which they profess, there can be no doubt that such must be the effect of an unequivocal expres sion of-public opinion. Our views of the tendency of • the peculiar, doctrines and pra.eticeS of Doctor Pusey's school have never been concealed, although we have always offered them with the courtesy due to, the errors of sin cere and pious, though exceankly weak, men. These views have not been altered by the late un happy defeCtion of Mr. Sibthorp, or by the fact— hvell known, in the - University, and not denied by the parties themselves--that some of Dr. Pusey's Most zealous disciples, some absolutely depen , det*.npon-14iai, are at this moment balancing] ivliefher they shall imitate Mr. Sibthorp in mak.' ing an honest and open profession of that Roman ism to which they already subscribe in secret. MONEY MARIZET and CITY NEWS. FROM THE MORNING PAPERS OF YESTERDAY. TIMES.—It has long been foreseen that the Exche quer bill affair must provide some employment for the courts of law, and that all holders of spurious bills, find ing that the Government refused in any way to acknow ledge them, would seek that other remedy. The name of Lord Strangford has been already before the public in this affair, and no one doubts his protestation against any knowledge of, or participation in, the original fraud. But this, 'unfortunately, does not wholly protect his Lordship from theconsequences of having induced par .tie 't.4 invest their money in these bills, which after wards, on investigation, turned out to be spurious, and it is currently stated in the City that he has been served with a notice of action by Messrs. Coutts and Co., con ected with, _.some : such bills, of which that house has become possessed., In what manner his lordship can have become rn4ponsible does not appear, and hence the subject is expected to exercise all sorts of ing - muity on both sides-, (111 the part of the gentlemen of the long robe.. The .I?,xchequer bills held by Messrs. Coutts and 'Co. are understood to amount to 40,0001. There are other houses and private individuals in similar circumstanees, but wa;ulvp not heard that any other step .of that kind has Loen taken, and it is believed they are waiting'for the result of the approaching trial of Rapallo at the Criminal Sessions, and in order to see by what hind of evideace the chlrge against him is supported by the Government. It is a satisfactory proof of the state of commercial crectit at this time, thaw although the bills due on Satur day" Were mote numero:c; than usual, there was scarely any instance of dishonour. One of the great discount houses had no less than 2.30;00C1. in amount, and of these every one was paid. A banquet has recently been given at Bonn, to the celebrated pianist, Al. Liszt, in commemoration o' the anniversa r y o f his natal day, which was attended by Ilixhit "80 of the t a" i c •it, inhabitants, among whoin N. - era the Rect or i the University, the cele brated Dr.. Arndt, . numerous other professors, tha members of the ' of Beethoven, M. Schad•Lipmm"te& for the monument at Dusseldorf, w, .the Dive cttor of the Academy and inlay torei ;ne. x - distinctionwho happened of w , iio happened to he at Ilona at the In the evening a serenade was given by uk c c; tibie ' ' The next day ~,1. Lis z t started ° f . ' . r , ty.uB the Liedertcoel. Berlin, where doubt less brilliant triumphs await hi es THE NEW Worm ON INDIA. ---W e ar e re nested to state that 'Mr. Colb u r n , of Great Marlborough (l the Presid enc i es o f s treet, has this day published ~ ' , I), comprising a - Narrative of Travel s in in India ; Bengal, a Vis i t to the Court of Run t j eet S i ng, a Resi dence in the Himalaya Mountains, an Account t• the late to Cabal and kff,,liamisttocani.,:g°lot-aoynathdg::ee: late down the Indus, r:id Journey Overland i e t - i d l e ti ea rn , P . by Henry Edward Earle, _Esq., late Aid , Coinarander - in77,hi:f (iullurn lia2s voles kxcellcncy the small Svo., with 22 illustrations,,,:. :yr. tion", " Freite - k° ~tom just ready for public: ,ri q ~t. Great ' his Times," comprisillg Original Letters of that and nareh, now first puhlish,ed. with,' "i;:ti 'lntroduetion I); Thoress Campbell, Esq., :ludic - A' , of " The Pleasures of iloPer " The Life of l',::-rarch," C.:C., 2 v.ols. Svo. FA TR ERS AND SONS.— lu.S„ forthcoming work of Ailr. Hook's portrays a section of society afforci ing-beyorl any other the most ell'ectiye materials for the novelist—materials which, in such hands, cannot fail of being turned to admirable account. In drawing the clr2raeters of one of the fiithers and sous, w,ho figure in his pages, it is believed lie was desirous of showing the effecm of a club life on families of a certain grade (for which he was well qualified, having long been a member of several of these institutions), and the worthy Baronet who belongs to the "Doldrum," and his hopeful son who is a memb sr of " Crockfzd's," are put forward as show ing the influence of club education on both the young and the old gentlemen of the present day. Besides these, there are many novel views of character and manners, and a story of striking and peculiar interest, which will perhaps make " Fathers and Sons," the most popular of all the author's productions, admirableh ar e sally considered. SIGHT AND HEARlNG.—Patronized by their Me' - Jestes the King and ' Q ueen of Hanover, and their Royal H ighnesses the late Princess Augusta, the Princess Sophia, her Serene lii•Thncsi the Princes.; Esterhasy, the Princesses Mary aril 'los . a a, her Once the Do •,, v;a„,ei D uchess of Bed - I ford, Cid t ileir C • Dukes of N . • '"ces the Archbishop of Canterbury , and the orrolk, Devonshire, Manchester, and 1 1 1 lbo Mar- ' .ar rongh, , ituses or Hertford London de rry, Sligo, a shafte,t.ury 1 k , . and Thomontl, Earls low, Verulara, 'ILI" .eivilL'' Hare""' Powis, Bradford, Wick. ford, Lisburne, anrrgowby, Luckingliamshire, Meath, Somers, Ox Lincoln, Cork, El 1 • Ferrer+, Bishops of Exeter. Blandford, In addition to the) lin and Kildare, Lords Hill, Cowley, &c. &c. Invented Spectacle Labove distinguished patronage to the Newly. Operative Voice Conductor , and Sound Magnifiers Invisible Albemarle..street picead uct i or, Messrs. S. and B. Solomons, 39, King Willi am.street, Cit 'l'Y' opposite the York Hotel, and 76, also gained the sanction :' , rate that their valuable inventions have hundred of the principal mn unqualified approbation of above four Imme diately theses Newly.itwente:licers of the medical profession. Imme a it . , ...eEtrptrily imperfect vs.°. Spectacle Lenses are placed before "al4-A - i - tleffr a the eyes ' i i. that mist and dullness which t.,...swraea clear aiia dialect, so at once removed, every object be. . -_ conies bright and brilliant, that the most aged imperfect sight be- A? ( ""••1111.1"( • .. p ., l_ original *ale. Theie aail is bronght to its youthful, natural, P . ff,.. 2r •,, , 1 4 magn .. _ • , it ieb for deaf nvisible Operative Voice Conductor X 4atiio l N - li - eontib • • ruble' pt . 7 give her o • Persons i • . * not toe least perceptibie nor 0 •i f ii t ' l . .74: l ' ;Cases of sea fnes ' . d the faintest ediate relief to old standing extreme 7- imeara, with h • :*: istinctness. lib whisper at a public assembly is t l9 Alb York Feet llttit. 76, King w in . ' emarle.street, opposite the .- witlrperiiiirs- of the same name. lam.street, City.—No connection XS . . . . LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 23. The LORD CHANCELLOR sat at Westminster to-day shortly after ten o'clock. BLUNDELL V. GLADSTONE—BLUNDELL V. STONER— BLUNDELL V. BLUNDELL. These cases came before the Court to-day, by special appointment, upon appeal from the decision of his Honour the Vice-Chancellor of England, pronounced last year. The hill-was originally filed for the purpose of establish ing the will of an eccentric old gentleman of the name of Blundell, by which he bequeathed large sums of money to different parties. The will was written on a small piece of paper, and upon the case coming on for argument before the Vice-Chancellor of England, it was urged that the Court ought to direct an issue devisavit vel non to a Court of Law. After hearing the arguments on that occasion his Honour directed the issue, which was tried in the. Northern Circuit, and upon the trial of which the Jury found in favour of the will. The case then came before his Honour again upon further directions, and upon that occasion his Honour decreed in favour of the will. From that decision the present appeal was brought by the heir-at-law and next of kin of the testator. The arguments in the case, which were opened to-day, appear likely to occupy the Court several days, as, in ad dition to tbe,,Solicitor-General, almost every Queen's Counsel wholgactises in the Lord Chancellor's Court is engaged in the-appeal for some party or other. ROLLS' COURT, Nov. 23. The MATrEtt of the ROLLS was occupied a consider able portion of the morning in hearing petitions and con sent causes of little general interest. ATTORNEY-GENERAL V. PRETTY3IAN. This suit, which be remembered was instituted by the Attorney-General at the instance- of the- Charity Commissioners against ,the defendant! and, ,the Bishop and Dean and Chaptek-of Lincoln, fqr, ) the recovery of certain trust.funds, vOich have been fen a long,neripd di ierted from' the purposes of the trust, and now enjoyed by the defendant, came again before the Court this morn ing, upon arranging the terms of the order. Mr. KINDERSLEY stated that what hail been sug gested by the Court was, that the defendant should be charged with rack rent from the time the Com missioners made their inquiry. It was found upon inquiry that if this were done the result would be that the defendant would be charged to the extent of 22,0002 Under these circumstances he would suggest the further exercise of the principle on which the Court was disposed to act in cases like the present, where the parties had been dealing with charity property on the full conviction that it was their own.lt appeared that three leases had been granted over in 1819, another in 1826, and an other in 1834, and that the fines received on these amounted to about 13,0001. The lease of 1819, would . have expired last year, that of 1826 had about eight years, and that of 1834 about 14 years to run. What, therefore, he would submit to his Lordship on behalf of the defendant, was that, acting on the principle the Court adopted in these cases, the defendant should not be charged with the fine received on the lease already expired. Supposing Dr. Prettyman had ,died at the expiration of the leases, the 'Court would not have bc en more disposed to make his exe• cutors liable, than it was. to make liable the executors of his predecessors. With regard to the other two leases, • he would suggest that theY be reckoned in the proportion of the number of years current on each. This was about one-third of the second lease, and about t wo-thirds of the other. He would propose, therefore, that the defendant should be charged with one-third of the value of the one, and with two thirds of the value of the other, which would amount to about 1,900/. This gentleman derived his income en tirely from his preferment, and it would be absolute ruin to him and his family if the Court should order him to pay so large a gross sum of money as that for which he was liable. He could not of course ask for in dulgence at the expense of justice, but he believed the Court would take into its consideration the circumstance that the party had only received what he bona fide be lieved belonged to him, and would not therefora carry the demand so far back as absolutely to crush him, espe cially when there was no person living from whom it had been taken. The MASTER of the Rou.s—The principle on which the order was made was that the defendant should pay the value reported to have grown due since the time when he had notice of the foundation. lam not aware of what could be more lenient (I might say) than that. Mr. KINDERSLEY--The effect of that will be that he will have to pay about 22,0001 _ _ . . The MasiEit of the ROLLS.—Then see what the Cha rity has lost. All this was lost because this gentleman, after notice of the deed which deprived him of it, thought fit to apply it to his own use. Mr. KINDERSLEY—NO, my Lord, not after notice that he was not entitled to it. The MASTER of the RoLLs—lt comes to that, for though be has not received the rents he has received and enjoyed, and does enjoy, the consideration for these rents. Mr. KINDERSLEY—He has received that undoubtedly, but before his attention was called to the fact that he was not entitled to it as he had conceived, and as his prede cessors had conceived also. The period for renewal of the lease, in the usual course, has arrived, but defendant has not renewed, nor has he done anything' • since the Commissioners made their inquiry in 1836. The MASTER of the RoLLs—He objected to repay the fines, thinking it would be better for him to pay the value. lie then finds payment of the real value Would be a greater charge than payment of the fines, without in terest, and he solicits a remission. I have no objection to allow him to apply to the Attorney-General. Mr. KlNDEast.Ev—The effect of his repaying the fines would be to charge him with 13,0001., with interest from the time he received it. Now, although I cannot ask your Lordship to take into consideration the circum; stances of the individual, I believe the Court will take into its consideration the general principle on which it acts in these cases. The MASTER of the Rouz—The Court has done so, very much. Mr. KINDERSLEY—I must leave the matter in your Lordship's hands. When the Commissioners made their inquiry the lease had nineteen years to run, and nineteen years' rack rent of the property, the annual value being about 1,200/., would be deducting the rent 22,192/. There are now about fourteen years to run. If you deducted discount on account of these, it will leave about 20,0001. The defendant has no more means of paying 20,0001. than of paying 200,0001. Mr. PEMBERTON—I think these considerations might be addressed to the Attorney-General with great force and propriety. I must confess I think that the Attorney- General could not be asked to accept less than the two last fines, except on the ground of the total inability of this gentleman to pay them. But I think the better way would be for the defendant to make these representations to the Attorney-General, and to satisfy him that it would not be expedient to press for more. Mr. KINDERSLEY—I also think that would be best. • The MASTER of the Rom.s—l think so too. I can not measure what ought to be the decree by the amount of pressure on the individual. Mr. PE3IBERTON-It is not the intention of the Attor ney-General to require more than the fines without in terest. I cannot understand how the payment of these fines should be less than the value of the lease subsisting after it had run a certain number of years. If it be so the defendant may accept the arrangement proposed b,y the Attorney-General, to pay the amount the princi pal money received fbr fines without interest. On the part of the Attorney-General I have nothing to do here but to submit to the decree of the Court. If any per sonal discretion is to be exercised, the party must refer to the Attorney-General himself. The MASTER of the Rou.s—l think the better way would be for you to consult the Attorney-General. Let the matter stand over for a month, with liberty to apply in the meantime. VICE CHANCELLORS' COURT, Nov. 23. SALISBURY V. MORRICE. His Honour the Vice-Chancellor of England was en gaged the whole morning with the further arguments in this case, which have already occupied the Court several days. (Before Vice-Chancellor BRUCE.) HOBBY AND OTHERS V. COLLINS AND OTHERS. The plaintiffs in this case were infants, claiming under a deed of settlement against their trustees and their guardian Collins. A supplemental bill had alSo been tiled by the plaintiffs against the assignee of Collins, who had become a bankrupt pending the original suit. The bill charged the trustees 'with a breach of the trust, and prayed the restoration of that portion of the trust-fund, which had been lost, the removal of the pre sent trustees, and the appointuient — of new trustees in their stead. _ The arg umen t s i n th e cause , en ga ge d' the C ou rt during the greater part of the morning, but were of a nature by no iiir eaus interesting to the public. i • COOT'F.It appeared for the plaintiffs. Mr. PID MTLLT for the co-trustee, and Mr. ROUT for the tenant for life. .* Ijis tlo nourAle f ereed the discharge of Hobby and Eck ley from the tr ust a n n 'h d en to , a in n q a u f l o m r What P ; the . Master to appoint new 'Trustees, rice ; wha porti on o f t h e estate h a d b een so ld, been renewed byan account to be taken of all the sums, i n respectof the es t a t es so ld, w hi c h h a d application,tir Hobby, i }'c kl ey, thereof an ; d C t V e l i n 2 s fas t o! any of them, an d the. also to inquire wh et h er ewere any after-b orn chil dren who would b e the objects of the ee tr s u ts st ie w b it e h p l a ib id er b t x y to state special circumstances. The the other causes whi c h stood on the paper for e tr v u e s r t a e l ef s . this day, were called on, but owingto erthwepe ttartlies not allotted. they aware to what Court their suits they were not prepared, and in co nsequence, his illooe rose early. It is expected that such order will be established in the distribution of the several causes, among the Equity Courts against the sittings after term, that no disap pointment or loss of time, shall ba experienced by either cout ;el or their clients. COURT OF QUEEN'S BENCH, Nov. 23. THE QUEEN V. ANDERSON. In this ease a rule had been obtained calling upon the defendant to show by what authority he claims to fill the oflied of a burgess of the borough of Ludlow, and the ground on which the rule was obtained was that .he was not the occupier of any house within the borough during the year 1840, or the two preceding years—that he was not , an inhabitant householder, and not entitled .to be rt:ted as such. Mr. JERVIS now appeared to show cause against the rule, which he said was one of a vast numbac obtained at the instance of Mr. Lechmere Charlton, of Ludlow. Mr. Charlton had previously attempted to raise the ques tion which was now before the Court by a man damush ber ser . se l a ‘ oft • I : ol l .s :c c : di : net " lie had orehryao.dugo Now,h b . ta present n e i obtained, , and the first which place, heh had after wardssub ni b ittedlthat Mr. Charlton was not in the capacity to case, or d ebecause however, h e was' od not pla a e himself in the position of a relator he had set out the ancient charter of the Corporation, and maintained that his property of Ludford on the Herefordshire side of the bridge was within the limits of the borough. - - That had been done when he applied for the mandamus, calling upon the Mayor of Ludlow to place him on the burgess roll, but he had been met by the answer that Ludford was not within the county of Salop, and that the Ma- gistrates had no' jurisdiction on the other • side of the bridge. 116 apprehended, however, that the Court would not now, try the question a second time, as Mr. Charl ton hid 'hot tried it 'in the legitimate form by man damus. His first objection, however, was that the affidavit of Mr. Charlton as relator, was not in cora pilanduw-ittrthe rule of Court of Hilary Term, 1839, in asmuch as he did not depose on oath that the application for the quo warrant° was made by him and at his in stance. The affidavit said, that the rule would be made at his instance, and, if the Court made it absolute, that he should be deemed and taken to be the relator. Now. it was in the event of the Court refusing to make the rule absolute, that it would be 'necessary for them to know who the relator was, inasmuch as they would otherwise be deprived of their costs. The COURT wished to hear what answer there was to that objection in the first instance. Mr. KELLY submitted • that the affidavit was in strict compliance with the ruhyof Court, and that the relator could not make- an affidavit that a motion was made at his instance a weekbefpre the,. application was brought before the Court;..44°Uld Onlydepose to it as a matter that was to be dune at his instance. The COURT having decided that the 'affidavit was iu compliance with the rifle of - Court, Mr. JERVIS proceeded' with his 'other objections to the quo warrant°, and cited the decision of the Queen's Bench in the cases of the " Queen v. Fripp, Mayor of Bristol," the " King v. Quail," and others, and sub mitted that there was no good ground for the present application. Mr. KELLY was heard in support of the rule. It had been urged that Mr. Lechmere Charlton did not stand in the proper position to be a relator, not being an in habitant or householder of the borough ; but his affi davit set *forth that he was of right a burgess. That had been met by the assertion that his house was not within the limits of the borough ; but he submitted that that was not the question which the Court was called upon to try. After hearing the arguments of Counsel, The COURT took time to consider its judgment. • THE QUEEN V. THE BIRMINGHAM AND GLOUCESTER THE SUN, LONDON, WEDNESDAY, NOVEMBER 24, 1841. RAILWAY COMPANY. This was a rule directed to the Sheriff of Warwick shire, commanding him to review his taxation of the costs incurred at an inquisition taken on the 19th of June; for' the . purpose of assessing the sum to be paid by the Biimingham and Gloucester Railway Company to the plaintiff, Mr. Parkes, - for certain land belonging to him, and which had been taken for the purposes of the Railway. The ATTORNEY-GENERAL now appeared to show cause against the rule. The affidavit on which the rule had been obtained set forth that Mr. Parkes was a claimant upon the Company, and they,ha.ving refused to issue a precept to assess,. the damages, application was made to that Court, for a mandamus, and the order of the Court was at once complied with.l, When the inquisition was taken the jury,assesieddamages at 520/. The Com pany had previously made no offer; conceiving that Mr. Parkes had no legal right to compensation, and the clausb in the Act of Parliament,which related to costs, apparently referred only to cases, in which the sum awarded by the Jury was equal to or exceeded the sum offered by the Company. In the present case the Company having made no offer, contended that they had no right to pay any costs.. The plaintiff, however, considered that this was a casus om4sus, and that he was entitled to the costs of the inquisition. The costs which had been taxed and allowed by the plaintiff amounted in the whole to 1061. 9s. 4d., but certain items in the list had been ob jected to by the defendants, on the ground that they did not come within the meaning of the 81st section. lie submitted, however, that the whole of the costs of sum moning the Jury and of taking the inquisition were costs for which the Company were liable, and that if the rule were made absolute at all, it should only be to re view the taxation as regarded the expenses of damages which the Court had intimated ought not to be included. Mr. CHILTON followed on the same side. The COURT, without calling upon the Counsel on the other side, was of opinion that the large sum which had been charged by surveyors for making preparatory plans, and others not contemplated in the 81st and 83d section, were beyond the fair meaning of the Act of Parliament, and ought not to have been included. They were of opinion, therefore, that the rule for reviewing the taxa tion of costs must be made absolute. THE QUEEN V. JOHN MORRIS TREHERN. Mr. KELLY moved in this case for a rule to show cause why a writ of certiorari should not issue, directed to the defendant, one of the Assistant Tithe Commissioners; and commanding him to bring into that Court his adju dication of the boundaries of the parish of Eversleigh, in the county of Southampton, and Finchhampstead, in the county of Berks. The application was made on be half of Mr. Fyshe Palmer, who complained that a large piece of land in the former parish had been trans ferred by the Assistant-Commissioner to the latter. The Learned Counsel having referred to the Act 2d and 3d Victoria, chap. 62, which authorised the application for a writ of certiorari, in cases where the adjudication of tin - Commissioners was objected to, on complying with certain conditions, and having stated that these forms had been complied with in the present case, The otu granted the rule. TUE QUEEN V. THE JUSTICES OF BERKSHIRE. Mr.' Btr.ts • appeared to show cause against the rule obtained in' this case, calling upon the defendants to show cause why a writ of mandamus should not issue, directed to them, and commanding them to hear and de termine the complaint of Joseph Russell against the . Stewards and members of the Cheshunt Friendly , Sii4ty, and why they should not direct the Society tg.pay,pver to him the sum of 451. It appeared that the Society„was established in the year 1807, and by their rules it was provided that on the payment of a weekly subscriptiOn the members' were entitled, in case of sickness, to a sum -of one guinea per week for the first six months, and half a guinea per week afterwards. The Society went on prosperously for some years, when the members were all young and healthy, but when they grew old and infirm it appeared that the tables on which their calculations had been founded were based upon wrong principles ; they were in the high road to insolvency when, in 1835, they passed a rule reducing the allowance in sickness to 10s. 6d. fur the first six months and ss. 3d. afterwards. Unfortunately, howeier, the Society had omitted to enrol the new rule, and it was consequently of no force. The applicant in the present case claimed the original allowance and arrears for the time past, and the matter was, according to the rules of the Society, referred to arbitration ; the arbitrator gave his decision in favouj of the Society, and Russell then appealed to two Magis trates, who refused to entertain the appeal on the ground that they had no jurisdiction, and in consequence the present application had been made to the Court. Now, he submitted that the present was not a case for the in terference of their Lordships, because he knew of , no instance in which the matter in dispute having been re ferred to a third party, and adjudicated upon by him, , the complainant was' entitled to the interference of that Court. Mr. G UNNING, having been heard at some length in support of the rule. The COURT was of opinion that the rule ought to be discharged and with costs. COURT OF EXCHE UER, Nor. 23. IN RE SOANE AND OTHERS. Mr. ARCHBOLD moved for a rule to discharge three persons from custody under the following circumstances. The applicant Soane was taken into custody in the West Riding of Yorkshire on the charge of being in possession of a quantity of worsted without being able to show an invoice for it, in contravention of the provisions of the Worsted Act. The other two persons who joined in the application,beeatne bail for him, and were put under terms to render him on the first day of the July Assiaes to be held , in Bradford. Accordingly on the day named they: ; 4; 5 so, - to the ,Court-house, Brad• ford, and gaie:him intO tlyi custody of the constable there, and then they went 'away. Soane now deposed that he was innocent of the charge made against him ; that the constable; after detaining him some time, handed him over to an inspector appointed under the Worsted Act, who took him to a public-house ; they returned to the Court-house, where the inspector asked him if he was going to pay any money; he said no, he had nothing to pay with, and was innocent ; and that then the in spector asked the constable what he was going to do with him, who said he had better go about his business ; and that lie was So discharged after being in custody for for some hours, Neither of the three persons heard any thing more of the matter until the 15th of September following, when they were all taken into custody and com mitted to York Castle. They were. very indigent persons. The Comer—Do you state that the recognizances have been entreated ? . Mr. ARCIIBOLD—They must have been so, but it ,is not sworn ; these parties know nothing about it. The Coutrr—Would it not have been better to have given notice of the petition to the Attorney-General ? He would cause an investigation to be instituted, w hich may save l l3* - itime and expense. Mr. Al9l{,}lOLD was not aware that such a course was necessary.:, As the term was so far advanced, he would prefer a rule nisi for the discharge of theparties. The CouRT---,We cannot grant that. We can only give a rule to show cause why the recognizanees shOuld not be discharged; and your affidavit does not-disclose whether they have been estreated or not. There must be something more in the case, or the Magistrates would not have taken such harsh steps. Mr. ARCHBOLD—The case was clear enough. The bail ought to have given Soane into the custody of the gaoler, not into that of a constable. The case never went before the Magistrates, and when called upon by another party they were bound to estreat the recogni , zances, as a matter of course. They were very poor, and it would be very hard upon them to be kept in cus tody until next term. The CouitT—Take a rule. to show cause why the es- . treat of the recognizances should not be set aside and the prisoners discharged—to be served upon the Attorney General and the jailer Of York Castle. A gentleman behind the hai'moved for a rule to show cause why the Master should not review his taxation of lto action,the the bill of costs. The plaintiff and d efendant had sett l e d t defendant'sa la Masterll attorneyN tl va e s y a about demandedto be amicably to have tbe settled,bbill taxed lvh e Before n the 45., which being- disputed respecting an item of disallowed, the attorney went before Baron Alderson at Chambers, who then ht the Master right, and decided accordingly. lie now g came before the Court to have the order, then made, set aside. Lord ABINGER said this was a case in which the Court would attempt so to modify any rule they might grant a s to make the costs fall upon the attorney. They dis pute about 45.; the client has no interest in it; they then incur, costs to the amount of CI. to 81. When the rule -comes on again we will take care that such costs do not fall upon tlWclient. With' such an intimation of the opinion of the Court, you may take a rule.—(A laugh.) FYSOS V. CHAMBERS. This was an action of trover against an auctioneer, to recover certain goods, the plaintiff suing as the adminis- Vator of a person deceased. It was tried in LondonbefOre Lord Abinger, when a verdict pas;sod for. the plaintiff. Mr. Erie early in the term-obwitied a rule nisi to set aside the verdict, cause against which was now shown by Mr. KELLY, who said the defence set up to the action was that the goods belonged to a person who had been a bankrupt, and although he had obtained his certificate, still, not having paid 15s. In the pound, all his subsequent property vested in his assignee§. I( appeared that the bankruptcy was in 1832, but he contended that the fiat was invalid, inasmuch as it was riot shown. that there was any petitioning creditor's debt„at.the time of the act of bankruptcy ; it was then snathe plaintiff could not take.such an _objection,. because he.-had .taken his certi ficate under it. He contended, on the other hand, that Ithe onus of proof respecting the validity of the Com ! mission was on the defendant But his main objection was that the defendant had net - been put in'motion, nor did 'he represent the assignees. Now, although the assignees might have claitned the property, they laying by and taking no steps to disturb his possession, the bankrupt had a right to keep his property against the whole world. Here the assignees were quiescent, and surely the law would not allow any other person to rob or spoil him of property long enjoyed by him with impunity. He could not find any case where any person other than the assignees had been able suc cessfully to disturb even an uncertificated bankrupt in property enjoyed by him after his bankruptay, On these cases had the defendant taken the propery. without the deceased's leave, he might have maint., , ed. his action, consequently, it could be maintained ; by his adminis trator. _ _ Mr. BUTT followed on the same side. Mr. ERLE, in support of the rule, cited the case of " Isaacs and Belcher," 2d Meeson and Walesby; But ler and Hobson," 4 Bosanqnet, 246 ; and several cases, and contended that the plea of " not possessed " opened up the whole question of ownership of the property. Mr. BARSTOW followed, and The COURT took time to consider its judgment. (Sittings at Guildhall before Mr. Baron ALDERSON.) HINTON V. w EE KEs. This was an action brought to recover the sum of 1681., being the amount of a bill of costs. Mr. Sergeant Bompas with Mr. Ball appeared for the plaintiff, and Mr. Knowles for the defendant. The plaintiff was a solicitor in Bristol, and the de fendant a widow lady, residing in Bath. It appeared in evidence that" the defendant was possessed of certain freeheld property at a place culled in Gloucester .sbire, which became the subject of , itlaW . suit, and she employed twofsOlicitors. gamed Buslie - and Prideaux, to conduct it. ';NOtbeing . satislied with them, and being re duced to great poverty, by i the law expenses, a friend named Mrs. Maria Ip,sleye recommended her to the plaintiff—she (Ipsley),,telling: WAR at :the same time of the defendant's poverty, and thatle:was to depend alone on the success of the cause for his costs, to sue Messrs. Prideaux and Bushe, in order that they might render an account to the defendant: While the suit was pending, Prideaux and Fushe became bankrupts; and the plaintiff then told the defendant unless she paid the costs, or made him an assignthent of her property as a security for them, he would commence proceedings against her. This being, refused the present action was instituted. The Learned Judge having briefly summed up, the Jury returned a verdict for the plaintiff in the full amount claimed. BAIL COUI?T, Nov 23. Justice PATTESON was engaged in the early part of the morning in dibposing . .of undefended causes, after which the Court sat in Banco. In the course of the morning the Westminster Grand Jury was discharged, as there was no business before them. THE QUEEN V. PARKER AND ANOTHER. Mr. CHAMBERS applied on behalf of Benjamin Parker and John Parker, to remove an indictment which had been found against them in the Central Criminal Court into this Court by certiorari, and also that the defendants should be admitted to bail in a less amount than had been ordered to be taken by the Central Criminal Court. It appeared that two indictments had been found against the defendant Benjamin Parker at the September ses sions, one for obtaining goods under false pretences, and another for conspiring, in conjunction with Joseph Parker, to obtain goods under false pretences. The indictment against Benjamin Parker alone, was tried at the last sessions of the Central Criminal Court, and he was acquitted. He was then called upon, in conjunction with his brother Joseph, to plead to the second indict ment. They both pleaded accordingly, and traversed to the next sessions. Shortly afterwards, another brother, John Parker, was brought in, and it was: represented that the man who had pleaded as Joseph: ,Parker had been taken by mistake, and that, John; Parker.. was the man meant. Joseph Parker was then. discharged on his own recognizances; and a fresh bill .was preferred against Benjamin Parker! John Parker, and Philip May, for conspiring to obtain 'goods under false pretences. That verdict had been reranveti by certiorari into this Court as far as regarded Mayi, ,aucl as the same questions would arise respecting the rarkers, he thought his Lordship would have no difficulty in granting the certiorari. With respect to the bail, it appeared that the Court had or dered Benjamin to give bail, himself in 1,000/. and two sureties in 500/. each on the last indictment, and him self in 500/. and two sureties in 250/. on the first indictment—those two indictments being identical, and the second one having been rendered neces• sary only in consequence of the error committed in respect to Joseph Parker, and thus he was called upon to give bail, himself in the enormous sum of 1,5001., and four sureties also in 1,500/., which he was utterly un able to procure.. Under these circumstances he trusted us Lordship 'would reduce the amount of bail. Mr. flumptEvs opposed the application, and said that it was a complete" Comedy of Errors." . Joseph and John Parker were twins, and it was almost impossible to distinguish them. His client contended that John went Occasionally by the name of Joseph and that he wits the person meant in the first indictment. The person . who had pleaded to it wrongfully had been discharged by the Recorder, who had or dered him to enter into his own recognzances in 1,000/. The prosecutor had no wish that he should have been called on to enter into recognizances at all. The second indictment charged them with obtaining goods to a much larger amount than the first. If the first were in the Court he should have no objection to having it quashed. Mr. Justice PATTESON—Let the first indictment be moved into this Court by certiorari and quashed. Let the second indictment be also moved into this Court, and when the defendants have pleaded, let them be ad mitted to bail as May has been, each prisoner in 1,000/., and each to find two sureties in 5001. each, and let 48 hours' notice of bail be given. The prisoners were then brought up by the keeper of Nc woute and after having pleaded `` Not Guilty," were removed in custody, on the understanding that they were - eventually to be handed over into the custody of the Marshal of the Queen's Bench. (WO WARRANTO.-THE QUEEN V. HART. The SOLicyron-GENEttAL applied fora rule for a quo Warranto, calling upon Francis Freeling Hart to show by what authority he exercised the office: of Mayor of Harwich: By the• • Municipal C or p or ati on A c t the Mayor must be elected from among the Aldermen and Councillors. Mr. Hart had 'been elected Mayor from among the Aldermen, lirid if .could, show that Mr. Hart had no right to hold ilie.offiCe of Alder man, he had no right to exercise the fiinctions of Mayor. Mr. Hart had been elected Alderman in the room of Mr. Graham, whose office bad been declared vacant by the Council. Now, he had affidavits showing that Mr. Gra ham had done nothing to forfeit his office ; neither had he been absent from the borough for six consecutive months; therefore the Court had no right to declare any va.!ancy, or to elect Mr. Hart. He also moved on an- other ground. Mr. Graham's time as Alderman expired on the 9th November last, the day on which Mr. Hart hail been elected Mayor, and certainly, if Mr. Hart had be .m duly elected as Alderman, be could not hold that office after Mr. Graham's time had expired. Rule nisi granted. COURT OF COMMON PLEAS, Nov. 23. BODGES V. COOPER. This was an action brought by a silk mercer against the defendant, a gentleman of private fortune, to recover the' value of a large quantity of silks and other merceries, supplied to the wife of the latter. The defence , was, that the plaintiff had not used proper caution to ascertain the situation of Mrs. Cooper, who was at the time of the credit, separated froni her husband under..eircurnstauces which led to a divoreo ; that t4i.iwods were not.ne eessaries. It vas pfos;ed on the tx:41,01.44,,tk latly,was supplied in one day with s ilks to thiz vtire Amore than ' 1001., and of such bulk thattlabsffver9 eiiiployed in taking them away. Tie J ur y . mtfrtreithe plaintiff ; but the Court, this d ay, upon it; rule l 6l3 l titined by Mr. 'Sergeant Channell for the defendant, i•itnaa'it new trial. 3IILLER v. THOMPSON; ' The. plaintiff in this case is a tradesman at Dorking, and brought the action against the defendant, one of the directors of a Company now extinct, called the "London Trades Joint Stock Banking Company," to recover the amount of a cheque or bank bill, signed by the de fendant, and addressed to the manager of the Dorking branch of the company. The defence was, that the de fendant was not liable as the 'drawer, inasmuch as the plaintiff had not duly presented the document, which was of the nature of a bill of exchange. On the other hand, it was contended ' that the introduction of the words " without acceptance" deprived the paper of that character, and released the plaintiff from the usual obli gation to present a bill of exchange , to the drawer in due time. The verdict was for the plaintiff, -and Mr. Sergeant Wrylde this day showed a caAse against a rule obtained by Mr. Sergeant Ch an n ell for a new tr i a l . heard Mr. Sergeant Channell in reply, decided th a t t h e def e ndant was i n di v id ua ll y li a bl e , and that the verdi ct was rightly found for the p l at ntiff.— Rule discharged. , . . ~.„ c . _ , ,Q ., il URT op . I . l' ANKR U P TCY; N ov . 23. . - . . sll;ssS. WR ICHT AND COMPANY ' S DANKRUPT cY. ltir7Pickso. N , on b e h a lf . o f t h e as signees of the joint estate or the Messrs. Wri , ht, late bankers in tlenrietta street, 'Covent-garden applied to the Cour t tha t th ey might be allo we d to prove against the 'private estate of one of the partners,. M r . J o hn Wright, on the ground that he had in his individual capacity drawn large sums of money from theipartnership account to the loss of the several creditors of the firm. The LEARNED COMMISSIONER. said this was an appli cation which he should wish to take some time to con sider. He was always very cautious in acceding to such applications, unless evidence could be adduced establish ing a case of fraud. .. •. . . Mr. DIca.SoN said he thought he would, be in a condi tion to prove by evidence from the partner Ship books and from Mr. John IVright's own clerk, that the money had been drawn by him under circumstances which, to Use the least harsh term, could not be uivroved of, as at the time he drew those sums of money on his own account from the partnership account he must have been aware of the.diffi&)ties and approaching bankruptcy of the firm., Mr. Commissioner HOLROYD said he thought the best course to adopt would be a conditional postponement until the next day of meeting for a dividend, when all the creditors would have had notice of the course Iwo posed, and an opportunity of judging of its propriety, and he would have further time to consider the matter himself. Mr. DICKSON having agreed with the Learned Com missioner the matter dropped. SHERIFFS' COURT, Nov. 23. Several undefended actions were taken first. ARCHBUT V. WINDSOR. . This was an action to recover the sum of 191. 19s. for the amount of an attorney's bill. The plaintiff failed to prove some of the items, and the jury returned a verdict for the plaintiff—Damages, 10L 10s. FAIRFAX V. DARTMELL. This action was brought to recover the sum of 61. for beer, &c., supplied to the defendant. The plaintiff keeps a public-house in Backchurch-lane, and the defen dant is a workman at a cooperage near to the house. Mr. Payne appeared for the plaintiff, and Mr. lorry conducted the defence. A witness was called who had applied to the defendant for payment, and the defendant had told him that he wished the plaintiff would sue him, as he could then get his shopmates to pay him, the defendant. Another wit ness was called, who proved the delivery of the goods. John IrWin, who said he was a short-hand writer, was called to prove the defendant's admission of the debt. In answer to a question from Mr. Payne, the witness said " Speak up, Sir ; I am not afraid of any man, but deaf."—(Laughter.) The witness conducted himself in a very irregular manner. Mr. PAYNE inquired if he had been drinking that morning ? Witness—To be sure, I have. Mr. PAYNE—Was it any thing strong ? Witness— Yes, Sir ; I have had about half a pi n t of ale but for all that I come to speak the truth, my dear.-(Laughter.) The witness then said he had called on the defendant, who acknowledged the debt, and said he would settle it soon. Mr. HOaRY then addressed the Jury for the defence, and contended that the defendant was not liable for this amount, as the articles had been supplied to the different workmen, and then charged to the defendant, who col lected the different amounts, according to each man's share, from the workmen. The et cetera was very art fully put into these particulars, as it was evidently in tended to comprise spirits, which the plaintiff could not recover for. Witness were then called to prove Mr. Ilorry's state. ment, and Mr. PAYNE replied. One of the Jurymen stddressing Mr. Payne said, how is the plaintiff to get over the men arranging the ac counts amongst theniselvee ? He can't get over this. Mr. PAYNE—I am informed that there is one juryman who is personally opposed to the plaintiff ; had I known this before I would have objected to him. Juryman—l deny that, but I know that the plaintiff would break any contract.—(Oh, oh.) I am not an enemy of his, I only know him to be a litigious man, who never performs a contract. Mr. PAYNE—Out of thine own mouth will I judge thee, thou unjust juryman. Here there was something like uproar in the Court, and the Learned Under Sheriff interfered, and told the jury man that he had better not argue with the Learned Coun sel, but hear him to the end, and then consult amongst themselves. Mr. PAYNE then continued his address, and The Learned UNDER SHERIFF summed up the evi dence, and said that he hoped the jury wo u ld dis miss from their minds all prejudice, and simply look to the facts of the case. He was sure that, as tradesmen, they would be better able to judge of those facts than he was. He was extremely sorry at what had taken place,. especially in a Court of Law. The Jury, after a long consultation, returned a verdict for the defendant. The UNDER SHERIFF—Are you all agreed, gentlemen, for the defendant ? Foreman of the Jury—We are, Sir. The Court rose at five o'clock. POLICE INTELLIGENCE. MANSION-HOUSE. A young man of rather fashionable appearance, named Curzon Adolphus Walker, was brought before the LOrd Mayor, in the custody of Roe the officer, charged with having forged the indorsement to a bill of exchange. Mr. Bush, the solicitor to the Committee of Bankers for the prevention of frauds and. forgeries, attended for the prosecution, and Mr. Hobler, jun., appeared for the pri soner. After a brief examination, of no public interest, the prisoner was remanded till Friday. A young man was brought up in custody of Daniel Forrester under circumstances of a remarkable kind: . Alderman GIBBS, who presided on the occasion, stated to the prisoner that he understood, as the affair was a. family one, there was a great reluctance to go on with the prosecution, and therefore the prisoner had it in his own power to prevent any disagreeable exposure. • . A gentleman, who said that he was a friend to the fa mily, declared that the prisoner, by doing what: was mere justice, would save his sister the dreadful 'alternative of entering the witness-box to give evidence against him for a very serious offence. A will which was made by the prisoner's mother had disappeared, and through the instrumentality of the prisoner, and all that was required of the prisoner was to produce the document. Alderman GIBDS—WeII, prisoner, what do you say ? Are you ready to give up this will ? Prisoner—All the, papers that have are in the possession of a proctor in Trinity-lane. • . Complainant --That person has put in an affidavit at Doctor's Commons, stating that the will is not and never has been'in his possession. The prisoner had the document iii his - posSession, and I can prove that he read it, and acknowledged it to be his mother's will. The prisoner —No, I know nothing of any will of the kind. Alderman GIBBS—Have you burned it ? The priso ner—No, I never had it. I have been already upon my oath upon the subject, and I never saw it. Complainant—Have you not brought it from Wey mouth with you ? The prisoner—No, I know no thing of it. Complainant—Do you knew Mary Ann Hunter, who was your mother's nurse ? The prisoner—l know there was a nurse then with my mother. Mr. Randall, a solicitor in the Temple, who appeared, for the sake of the family, anxious to stop the pro secution, regretted that it would be necessary, if the prisoner persisted in refusing to deliver up the docu ment, to go into evidence forthwith. The nurse just mentioned had found the will, shortly after the mother's death, in a small box, and gave it into the possession of the prisoner's sister, who handed it to the prisoner. The prisoner then read the will aloud in the presence of his sister, and declared it to be the will of his mother. These facts had been deposed to already elsewhere. The prisoner said that the statements were false. Alderman GIBBS—Thep we must go into the case. Mr. Randall—The prisoner has also written to a sister of his in town from Weymouth, stating that he had found his mother's will. The prisoner --I say it is false. I found the copy of the will of a relation, but not of my mother's. Will. he younger sister of 'the' prisoner was then called. She stated that she was at Weymouth at the time of the decease of her mother, and the prisoner came to Wey mouth, and remained there till the day after the funeral. Witness and prisoner and the nurse searched for the will of the deceased, and the nurse found it and gave it to witness, who handed it to her brother. It had been folded up, and he opened and read it. Witness was not in a state of mind to pay particular attention to its details, but the prisoner said it was his mother's will. Alderman GIBBS—Did lie read the will ? Witness-- He began reading it, and h e sa id it was i n m y f avour . Mr. Randall produced a paper which lie said he had drawn up some years ago at the desire of the testatrix. It was in favour of the young lady who had just given evidence, and whom the testatrix had alWays expressed, a wish to provide for, as she was her youngeat daughter. The prisoner said he was sure that justice would he done to him in this affair, in which he 41.6haw . a $ , most unjustly and cruelly treated. ,esw Mr. Randall said that the deceased, in 1f338, gave him the copy lie produced as the basis of her will, - There; was no signature to it, and there was sio other will made to his knowledge. He was put in'as exectitor with a gentleman who resided in America-square. 'The pri- • sortees sister had stated to him, that all the plate which . was, , by the paper produced as the basis of the will; left - amongst the daughters, was taken from Weymouth by the prisoner. These facts were sworn to in the Ecclesi astkal Court. Alderman Gums—We mnst have the nurse pro duced. Does the sister pf .the.-prisoner. state that he took away the plate ? The sister to the prisoner-110. read the will which bequeathed to me the bulk : of mV mother's property, and declared it was my mother's. I was aware that he took possession of the plate. Mr. Randall—ln fact, he took away every thing be longing to his mother. Theprisoner—Nobody had a better right, than the next of kin. Mr. Randall—Do you mean to do',.what is right ? Prisoner—l am doing what is right, and I trust that justice will be done me. Mr. Randall—You know where the will is ? Prisoner_ No, I know nothing of it. Mr. Randall—Then you have burned it ? Prisoner No, I have not. I had no will of the kind. I had a copy of the Manchester will, which is quite another thing, and the proctor I alluded to has that in his pos session. Mr. Randall—The mother bequeathed the bulk of her property, to this young lady and cut the prisoner off with a small sum. The destruction of the will would make him come him in for a share of the property with the rest of the family. The affidavit of the nurse has been read in Doctors' Commons, and time allowed him for his answer, but he has made no answer. Alderman GIBBS—I recommend you once more to do justice, and I shall remand you (or a few days.—The prisoner was thenreni4nded. NARLBOROUGII-STREET. Charles: Watson and James Grant, young men who described themselves of Earuard's Inn, were placed at the bar, before. Mr- , .Maltby, the presiding Magistrate, charged with knocking and ringing in a violent manner at the doors of several houses- in - James'-street, Hay market, Pantori-street, and Whitcomb-street, an d d o i ng wilful dama ge by wrenching off Sundry knockers, and bell and name plate Mr. Joseph Higgs ' of Panton-stteet, eating-house keeper, p ro d uce d a brass name-plate that had .been wrenched off his door-post. His family were alarmed at two yesterday morning, by a violent knocking at the door. The amount of damage done was about 2L Mr. Henry Pettingale, of No. 24, Whitcomb street, stated, that he was aroused yesterday morning by a tre mendous knocking at his street door, and; on getting up, fonnd that the knocker had been wrenched off, and broken in pieces. The damage was to the amount of ss. Police Constable No. 182 of the C division, saw the defendants actually commit both these offences, and took them into custody on the spot. Yesterday several broken knockers that had been wrenched off doors in the neighbourhood were found in the street. The defendants merely denied the charge. Mr. MALTBY fined each of them the sum of V. 55., which was. paid. directly. Q UEEN-SQ UARE. CHARGE OF ARSON.—Elizabeth Cope, an interesting looking girl, about 14 years of age, dressed in deep black, was brought up for re-examination, upon a charge cf wilfully setting fire to the Hans Town School of In dustry, of which she was an inmate. The facts of the case were detailed at considerable length in this Journal of last Tuesday, and it is need less to repeat them. Mr. Ifumphries said he appeared on behalf of the Committee appointed to conduct the school, and for the prisoner. He said the Committee were anxious not to prosecute ; and, taking into consideration the tender age of the accused, he hoped that he would not be ask ing too much to request of the Magistrate that no further steps might be taken in the case. Mr. BURRELL said that the case was one of a very serious nature, for, although there was a doubt as to the legality of the mode in which a confession was elicited from the prisoner, stil there were, on the other hand, facts which compelled him to send the case to a higher tribunal. He felt great pain in doing so, but he consi dered it was his duty to adopt that course. Mr. Humphries put it to the Magistrate whether he could send a child of such tender age for trial, upon evi dence of so slender a character. Mr. BURRELL said there were circumstances of strong suspicion against the prisoner as regarded a fire which took place the day before. Allowing that we cast aside the girl Williams's evidence, and that of Inspector Forbes, which are alike tainted, I will not now send the case for trial, but take time to consider. The prisoner, who wept much during the examina tion, Ras then remanded till Monday next. THE MARKETS.--IrESTERDAY. COLONIAL MARKET. Prices were sustained, and the operations were fair for home use ; but for export there were few buyers. The demand fur Raw Sugar was good, and the public sales of Barbadoes went higher, fine up to 735. TEA MARKET. The biddings at the public sales were dull, and rather lower rates were taken, Company's Congou, Is. 9d. cash. TALLOW MARKET. , The price of Yellow Candle Tallow was firm, at 475. and 475. 6d. on the spot, but the trade were cautious buyers, and the transactions limited. The deliveries un usually small. WHITECHAPEL MARKET. The supply was large, the demand good, but in no way equal to the supply ; only the fine and middling qualities met with a ready sale. Of the ordinary sorts much remained unsold. Clover, 31. to 51. 18s. Meadow Hay, 21. to 41. 10s. Straw, 11. 12s. to 11. 14s. (From the London Mercantile Journal of November 23. ) SUGAR.—The West India market vas firm to-day and a steady business was done, but chiefly in the yellow sorts, which brought very full` prices ; perhaps, in some instances, coloury samples, of Which the show was scanty, might be quoted a shade higher. The total business done amounted to about 75D: blids and :trcs; including two public sales of Barbadoes, consisting of 190 hhds and 5 trcs, which went off with spirit,! and the samples above 65s were considered to be 6tl to is per cwt higher ; those below that price went at the - former value, low to fine yellow sold at 61s to 72s 6tl per cwt. MAURITIUS.—Owing to the very small quantity re maining in the hands of the merchants, we have not had a public sale, and the private transactions have been upon a small scale, but extreme prices are paid, espe cially for coloury samples, which continue to be the most in request. EAST INDIA.—The prices of Bengal Sugar remain the same as before quoted, with a steady demand, and white qualities are still very scarce. The only public sale since : our last consisted of 4,024 bags, which went off steadily ; dingy coloury grey at 65s 6d to 70s 6d, and • - loyedry.bright brown at 42s to 46s per cwt. FOREIGN.— Considerable heaviness continues to pervade this market, very little business has been done, but the merchants appeared reluctant sellers on late terms, and very few samples are on show. The only parcel brought to public sale consisted of 300 chests brown Bahia, the whole of which, with the exception of one or two lots, were bought in, good yellow at 18s to 18s 6d, and mid dling to fine brown at 15s to 16s per cwt. REFINED.—In the home trade goods there has been considerable business doing at steady prices. Standard Lumps 80s to 80s 6d per cwt. Foreign Refined in bond --in Crushed there is evidently more doing at the pre 'sent low`quotations, viz. 28s 6d ; and in Loaves there have been some extensive sales made, 1411 is and 101bs sizes at 30s 6d t 0.325, and Gibs at 34s to 35s per cwt. The present stock of West India Sugar is 1,630 hhds and- trcs less than at this time last year ; but of. Mauri . tius.and Bengal there is a surplus of 15,200 bags of the former and 64,547 bags, &c. of the latter. There was no public sale of either Bengal or Mau ritius to-day, and as there were few parcels offering privately little business was • done ; full prices were, however, paid. ' • • WEST INDIA AIOEASSES. 7 —There is a steady demand for this article; and some parcels of St. Vincents and St. Kitts, of fair quality, have been sold at 23s per cwt. TEA.—The, public sales proceeded very heavily to day. The room was well attended, but there was an evident :dosireson' the part of the trade to hold back, and Alban pi t eportion only of the quantity that passed auctiOniivasr disposed of, with Out, however, establishing any further alteration in prices, the holders buying in freely. GOOd Congous were held at stiff prices: The prices actually paid were as follows :—Congou, but mid Tea ra str little bnt is 94d to is lod, but mid black if Sou kind Is 10Id to is 101 d, mid H. M. Pek old and'flat is 111 d to is llid, but mid and mid ra st and full Sou fla 2s to 2s Old, but mid blksh if ra str little Pek fla 2s 21d to 2s 3d ; Hyson, but mid str coa 2s 3d ; Pouchon g , ord faint and ra musty is sid to is 51d, good ord is 7d, but mid brisk little but is 8d to is 9 5 3 d ; Twankay, but mid coa and str Is 9d to Is 94d, but mid Tea ra str is lOid to Is lid ; Caper, is 2d to is 6d ; Souchong, but mid brisk N Y fits 2s sid ; Orange Pekoe, but mid ra coa 2s 3d 9 • Imperial, Is 8d to 3s 3d ; Gunpowder, 2s lid to 4s 3d ; Young Hyson, ord coa and earthy is 7d to is 74d, but mid ra faint str 3s ld to 3s 34d, good mid Ouchain 4s 2id to 4s 4d. There were but few sales made in Company's Congou, and the nearest price at the close of business was Is 9d per lb cash. COFFEE.--The market generally has continued in a dull state, - with declining prices, and a large quantity offering for sale. For West India the demand has been limited to the best samples, which have been taken only to supply the wants of the trade, and have barely sustained the previous value ; the low, and especially the unclean descriptions have been nearly unsaleable, and the few lots that have been sold show a slight de.; dine on previous rates. The prices of Foreign Coffee remain as before quoted, with a continuance of heaviness in the market, and very little business done. The only transaction worth reporting is about 900 bags good ordinary St. Domingo at 41s, which is the full value. There has been little or no inquiry for Brazil ; at the same time, however. holders do not appear willing to press sales, and the market is kept almost without a supply ; 1000 bags Rio were offered by public auction on Friday, and taken in at 39s to 418 for good and fine ordinary, one lot low good ordinary at 38s per cwt. The market remained very quiet to-day, in con sequence of the numerous parcels that are declared for public sale ; no alteraton, however, took place in prices. At public sale 247 bales Mocha were bought in, good ordinary brown clean garbled at 98s ; 222 bags common Batavia sort were sold at 33s to 33s 6d, and 84 bags Ceylon at 66s to 67s for good ordinary. RICE.—The demand for Bengal continues dull, and at a public sale of 2,287 bags, a part only was sold, esta blishins a further decline of 6d per cwt ; low yellowish: . and dusty white at 9s 6d to lOs 6d ; th e r e m a i n de r was bought in at lls 6d for middling white. " • . SAGO.—Prices are supported for this article, with 'a steady request. 639 bags 59 boxes have been brought to, public title, and mostly sold, fine in boxes at 28s, IoW middling and middling at 18s to 235, and ordinary at 13s per cwt. FRUIT.—New Zante and Patras Currants maintain the opening price, and are going off well. New Valontia Raisins are going off freely at the reduced price of 36s per cwt. GINGER.—The stock of East India Ginger continues very large, which deters buyers from taking more than enough to meet their wants, and keeps prices very low. 'Bengal bought in at 12s 6d for fair quality. ~ PEPPER.—A further decline of kd toed is established. Good . fair Penang at 2id to 3d, good bright Sumas trit at 3d to 30, and ordinary dusty and stalky ditto at 21d to 28d per lb. Sev era l parce l s of 'white have been brought to the hammer, which chiefly sold;' good ordi nary.greyish mixed at sd, low middling at 6sl to 7d, and very good bright at is ld to is lid per . lb ; Long Pepper bought in at 16s per cwt. PIMENTO remains as before quoted, with little business done in the absence of public sales. CASSIA LlGNEA.—Prices h ave g i ven wa y 3s per cwt, 597 chests having been disposed of by public auction at 93s to 94s 6d for middling quality. MACE.—Six casks low middling dark thin were offered at public sale, and bought in at 2s 6d ; no offers above Is 8d per lb. SPIRITS.—In the prices of Jamaica or Demerara Rum we have no change to notice, and no business has been done worth reporting ; the nominal value of proof Leewards is is 10d per gallon. The attention of the trade has been chiefly directed to the Government contract, which was taken on Thursday by Messrs. Ma hon and Simons at is 7 1 {-d per proof gallon, the quantity was 100,000 gallons, half West India and half East India, and the price is a fraction below the last contract. India Rum is lower, about 200 puns and 400 hhds Calcutta having been sold .at is 2%d to is 3d per gallon, proof strength. There is no new feature in the Brandy market ; few sales have occurred, but prices are sus tained. Geneva dull. British Corn Spirits unaltered. OILS.—The prices of common Fish Oils have again improved 20s to 40s per tun, and a good business has been done in all descriptions. Cod have brought 311; pale Seat 411 lOs to 424 and pale So u th ern o f f i rst qualitye3al6/ lOs to 371 per tun. Sperm Oil and Head matter is in demand, and full prices are paid,; 921 realised for fine Sperm of British catch, and few ear eels of Headmatter can now he bought under 1021. to 105/. per tun. Linseed Oil has met with a brisk de- s mend, and the extremely small quantity in th e ha n d s o f the crushers, has induced a further advance of is per cwt.; 38s paid for parcels to be delivered imme diately, and is more for spring delivery, A Govern ment contract for 100 tuns is advertised to be taken on the 2d of December next. Rape Oil steady at former MORNING JN -- . • quotations. • Cocoa . Nut Oil in demand, and -held more firmly. . . . All sorts of common Fish and Seed Oi ls have been_ weeks, to be easily gradually advan c i n g in price for the last seve n or eigh ! creased consum accounted for by deficient supplY anu in Linseed continues tion. in - great demand and p rices still advancing on accoun t o f the' unusually small suPP l r iaeesed dullat Cakes u i 62s to 64s paid for Odessa, 59s to 60s for St. reCrS burgh, 53s for Archangel, and 57s to 62s for East.lndia• I TALLOW.—This m ar ket has exhibited mor e inos to dema7nldpeart ton. s teadi' 131105 per 1,0 00 . Bar Cakes ness, and prices are a shade higher than last Week ; 46 ,1 7d to 47s 3d paid f or fi ne Y Candle on the spot, an" 46s 9d for parcels deliverable up to the end of the year ; there has been only a moderate business done, the trade still b e i ng unwilling to purchase beyoau their wants. The prices asketljur spring delivery are 48s 3d to 48s 6d, but atiirosentian inclination is shown to made purchases. - • but Prices are firmer at 47s 9d to 48s on t he s p ot, there is no activity in the market. --- CHARGE 'OF MURDER. On Monday a man about forty years of age, John Ward, was brought up, in custody and placed the bar before Mr. Rawlinson, .at Marylebone Policed: office, charged with The wilful murder of Timothy Bas te tt Jane Easted deposed that she was a widow, occupyiof d kitchen at No. 19, William -street, Regent's Park, .". named Joh, had'been living with the prisonerfor the last two montrnes. On Saturday helve nigt, about ten o'clock, he with some turpd hothe orse for drink, bringin with hint so; In'etrThr supper, when he desired her to g gu out for so beer, and lighted her up stairs. At this period the deceased: wasfast,asleep in bed and quite well. I said t " Don't' beat the . baby while I'm gone," and he prowl : me he would not. In the course of three minutesouldri' turned, and 'the poor child was then groaning 1 It appeared to be dying, and w ithout loss of ti me Ica s.. ried• it to Mr. Barfoot, a surgeon, next door, who ne'ltit mined it, and found that it had had a blo w le - bild head. He gave me some medicine, and I took the C home ; but, at Mr. Barfo o t' s desire, it was afterwat . ", , taken to the Loudon Univer s ity Hospital, where it I n ' in g e , shortly afterwards died. Its age was one year and cd yt months. Witness said that the prisoner had evin e i tea , great dislike towards the child, and had frequently ta,...8 opportunities to ill use it. She had often found In' and bruises upon its person. n to Elizabeth Roe state r o, d that when Mrs. Easte d ran ti. „ her the child seemed alm o st d ea d. The groan s w as poor little thin , ware dreadful, and by her a dvice it taken to Mr: Barfoot's. A thst . : d John Roe, son of' the last witness, dep os e" Sunday morning, having heard that the PrVs e en , er h iag a come home, he ran out with the intention of ' e policeman, when he (prisoner) followed, and ask e t he ness what •he wanted with him. Ile was told that s iol knew very well what he was wanted for, when that he had not hurt the child, and tried to getoildi-; A policeman came up, and he was given into ensvti/10.' Mr. Edward Wade Barfoot, surgeon, 1 8, / : ta bo". street, stated that deceased was brought to hin t - n ighl , twenty minutes - before eleven o'clock on Saturb:f s a was The child was Moaning 'and insensible, and the S ide just much swollen, as if frOM a blow on the right from above the ear. The part affected was very Put t i e exa extravasation of blood, and he was unable, fr° ll2 i ii ll w„ e ' s mination made by him, to say whether the ii , oent; fractured or not. While he was making up t s eize ( ' tine which he considered necessary the child i w - ts ro w; with convulsions, and he subsequently advise n .ery se' val to the hospital, as he looked npon it w he 51 rious case. the A certificate from the hospital was ha n ", e o to Magistrate ;it set forth that d ecea sed died in ``. anu, after its admission into th e i ns tit u tion in qt!es ti° d iglde°' - the medical gentleman by whom it was signe ithout; that he could not state the pr ec ise cause of death ‘` an internal examination. Mr. RAWLINSON remanded him till sod ' gave directions that every facility should be an u po i l t e f taking the prisoner before the Coroner, in t he , that functionary requiring his presence at the L n : ' 2 ,tion• The Court was much crowded during the investig WS' DREADFUL EXPLOSION -- . TEEN LIVES LOST- T.: MTh t BARNSLEY, YORKSHIRE. MONDAY ' n o . - he Wedne_dracie.4or town has been in the greatest commotion dujr.i;,(o; w i w ti lic is day, caused by an explosion of .fire damp , place at Messrs. Day and Twibell's 1 1, et bee I I thirteen persons have lost their lives. It has n ot d / Walt c° ascertained how it originated. A boy nom; sco di'lg was blown out of the curve, in which he Was ueb odier the shaft, and literally dashed to Piece s ' , rf clt, ?)f. eleven could not be got out until four o'clo cbor i e s Amongst them are Charles Crow, B. an d se boteis Hinchliff, John and Benjamin Deakin, an m o ve - Pease, Robert Walker, John Overand, David Thompson' _boo to t. t ; r , Pease, William M'Arthy, and two brothers named Walton. One person named Mitchell died 4 . e ri suffocation in endeavouring to get the other sully. from their perilous situation. - LLOYDS' ATP r iable mia LONDON, Nov. 23.—Wind this day o • 11 • d, N l 4 ,- 00 Orr MARGATE, Nov. 0 2.—BatleY , Viciosa. Arrd' DE# a . ; , Nov. 22.—Wind S.W. strong breeze. 1) 1 4lb;;04`19.rfollc, Goss, Calcutta ; Union, Afric ho, %i,eStWard, with loSs of mainyard, anchor' an de coast .Arrd. from the River, Ranovala, Maujaka, forCaPenowai Castle. The Duke of Norfolk, arrived in the, fro m from Calcutta, experienced a succession o f gin 13t• thto 28th August. Off the Cape, on the 28th' 36 S., lon. 18 E. Stirs-a ship with loss of torn h ss . _%4Tru: IitYERVOOL, N'45N% 22.—Wind W.N.W., fre sl `,. North Pole, Bonil3,a'y, sailed from Asccisio'n,,i.Y7 Albion;St. Sohn's, New Brunswick ; KinggnSkitii Sailed, Waterwitch, St. Michael's. Arrd. off , . - P i larlot t " Virginia; Kelsick, Wood, Africa. Put back , f•D'' for Africa. , s tr_ i ono for PORTSMOUTH, Nov. 22.—Wind squally.—Put back, Caroline and Clare for Jamaica. IWO COWES, Nov., 2i):.—Arrd. Princess, colt oth Dublin, with tui4warks, sails, &C. The on "- Leghorn to London, which put in here leahY inst., must•discharge.' i otre, DARTMOUTH, Nov. 99 .—Arrd. Mine rV3 ' ith Guadaloup'e. Newport, „or loss of bulwarks and part of her care ' aFit....'comnE, Nov. 22.—Arrd. Active - nO - ; Diamond, Cardiff,with f WW II. , loss 0 t r Pr cookhouse, Scc. th ' her BRISTOL, Nov. 22.—Put back, Monnlo°- ' d other lermo ; Emerald, Leghorn, with loss of boats a° damage. ( l as le, 11°5/ MILFORD, Nov. 20.—Arrd. Pembroke -- t , bury, Quebec. Sid. Lavinia, New Orleans• i c a tber p , l3 ;' YLYMOIITH, Nov'. 22.—Wind S.W.—A rr° ' g its, ''-. London for Constantinople,with f bulw— loss o ~ Wit li ,„ It has blown a gale all night at S.W. HARWICH NOV. 0 0.—Arrd Wrestler, Zahilvit,o boat and bulwarks' stove,.of sails, &C ., and loss to shipped a Sea. 'SS See° SCARBOROUGH, Nov. 22.—A light brig " up fli rtil run down a schooner yesterday - morning off t ' ... ' ,4 thrOlVis, tot, Light', wind - N:W., 7 miles ; crew saved. , C.O .' o pfl Or ' 1 11 , I T ESEL§ ' gFDIZEN WITH.—The Mary Ir-2 11- i t 49, ~2 - °0 from Liverpool' to Pernambuco, ISth inst., ' 11 : 05 . ;`•, - ,i 12, by the Duke of Norfolk, arrived in the P°'' urr°), ward, Calcutta to London, by the North role, A vg .. 3 . at LiverpOol. Taglioni, Calcutta to London, P' A . tier . lat. 31 S., lon. 34 E. ; Earl Stanhope, from SY llll ,, p eP ol . ., °7 ' 9, lat. 34, lon. 17 W. ; Lady Seaton, l' i , fi ve 4.l ° oth iP-1 Charleston, 23d ult., rat. 33, 103. 37, by the ." arrived in , the Downs. ----- er -_,.............. --, si.. i , PLATE.—A. B. SAVORY and 5 01% , 4° „,,0' 5i,g 4 , 1 71' factoring Silversmiths, No. 14, Cornbill, London t e rf ro v t h e e Bank of England). 7 —The best wrought Fiddle -Pat"- ste - o r Spoons and Forks, ai 7s. 2d. per ounee. The followinftbor weights recommended, but the articles may be 1 1 ac t lig d. j. heavier at the same price per ounce : or s t , 1 2 " 1 0 .16 12 Fiddle Pattern Silver T a bl e Spoons 30 . at 7 12 ditto 6 ' Dessert ditto 20 at 7 9 ••*lO I 5 4 • 12 ditto Table Forks 30 at 7 2 ••• 7 1 9 12 ditto Dessert ditto 20 at 7 2 ••• 5 l i $ 2 ditto Gravy Spoons 10 at 7 2 3 16 9 1 ditto Soup Ladle... 10 at 7 2 "' 3 0 0 4 ditto Sauce ditto... 10 at 7 _,'' ''. 1 10 0 4 ditto Salt Spoons(gilt strong) 1.. s 'l t ' 1 ditto Fish Slice... ........ ...........„ 15 0 12 ditto Tea Spoons.. .10 at v ) 0 aby 1 ditto Pair Sugar Tongs (stri n stra te to , N.B. A price current, stamped as a newspaper, to th e Pof drawings, and containing every information re lative, a i e stivo , A. chase of silver or Sheffield plate, may be bad on, ll4 "scer t° will be sent into the country. free of postage, in paid letter. ~,f 13' 1 . r BIRTHS. i, the - • Eii u. o onL n .inpl othhytehderey°. Edwards, h tshq i n . i: I s t ms t, Esq.,.. a ,p t a. t h e : h oceofflPaaapr son. t, g , intee Common, daughter. e a... ag t ' '.l O , Av O P the so.` , o il t e he of 2 s l. l s r t . in H st . . A , .atvGilerzoef-raoasod;LSt. John's , Jo the 22d inst., Mrs. Robert Fey, of ..,.e._riet ,t, the 22d hist, at Clapham Common , '''-'. t ' a et • ta's' i* t h e ol D O w nn n i'd Covent-garden, of a son. AT ,. Ed ° , Turner, of a: son. On the . 23d inst., at MTArinßitßylCElfrCh', 1% . ia:;;ie ' li °lle ,'th b e Y :I the atZ s h ie a r r r y a M L a e e o a a ti e la , y, to ' E A sq l . a , rg a a n l d Horsell 11 as Rev. a It. W.-Vevers Henry William, 'third' tit)* °' ~ J l3 ' - 1 34 Lady Denman. et l , at f e our ß th 01' , ie f e 0 On the. 17th inst., at the Town Church, St. Helier s: ri, A rl , William a Henry Kerr, Esq. fourth son of the late LotLor_cr- his l 7 toße uchamp Kerr, and grandson of the fifth Marquis of e _, 0 , 11 , ' Maria, youngest daughter of the late Richard PJw r .. If' of the county of Cork. r w•' On the 22d inst., at St. George's Church, Carnbe ci,,f bra Hanley , Esq., to Harriet, d the late Alf° au,,,uhter of )e t 0 P6kin4 ~ Esq., of Cadogan-place, Chelsea. ORS 4 itdisahogCbTrr oilljord 1' On the 22d inst., at illarylebone Church, John. . . soe !, of John Thornton, Esq., of Clapham. Surrey, to Har;el'acbegy. youngest daughter of the late Right ;Rev. Beg in. ..„...,. Bishop of Calcutta. .. . . . C vile . ace, On the 19th inst , Mr. J. Hawes, of Arliour-terr late o n M t r h . e J 4 . t P h ag or e, s fib ° mercial-road, late of Ratcliff. . w idoo a On the 19th inst., at Highgate, .Mrs. 11. Page , 1 to ' Rev. Guy R. Pinching, aged 30. ader, ,vrs _A On the 6th inst., at Brussels, R. Crosbie, Comm of va , On the 2,1 inst., at Malta, Elizabeth, the wife „,, Gingell, Esq., of the Maltese Bank. _ I'a L 642) 0 ( Vei>cteanr;behr°,raalt°Cf Shat.rlPesatuolw'snC, alritsirsasiPPl i t On the Sill inst., at Southampton, t.sther, 11.. an vi cs r youngest daughter of the late Rev. R. Crannier, ,' Mitcham Surrey, aged 17. e . pit ) g i°°' On the 12th inst., at Brussells, James Jardin Corp, Esq., son of Colonel Dickson, ed 33. rp rep On the 19th inst., at Chace ag Parsonage , ne ar - 3 7, d e wtolllagiag,i%fivZ,oaftt ,ite,v62.5,trk55.7.93L,,,,,,%,,,, _ „ a ________ London: Printed and Published by MURPO :se •ae.,,i 1. No. 112, Strand, at The Sea Office, No. 1 1 % tv ~ 1r" -------- - 40 — V: Piw; iv the County orMiddlesex, Weenesdal,Vovete'ber u `lO