The Sun. — London, England, 1841-12-18 00:00:00

LAW INTELLIGENCE. COURT OF CILINCERY, Dec. 17. IN RE AMIOT. The LORD CHANCELLOR gave judgment to-day in this case, which was argued before the Court yesterday, upon an application to dissolve an injunction granted to re strain the transfer of stock. His Lordship said that he had read the petition on which the injunction was granted, and from that petition it appeared that in the month of August last a bill of discovery was filed in the Court of Exchequer. It appeared also that in the same month a distringas was sued out and served upon the Bank. That operated as a prtclutionary measure, and the party had the opportunity of filing his bill in the ordinary way, and moving for an injunction, the stock in the meantime being secured. The prac tice had been of the Bank of England to serve a notice on the party who had sued out the writ, that unless within a certain time (that time being a week) a bill was.filed, the restraint would be taken off the stock. That was the position of things when the Act came into force transferring the Equity jurisdiction of the Court of Exchequer to this Court. Had that jurisdiction continued, the party would not have been entitled to have sued out the second writ of distringas, or, if he was, the Bank of England would have paid no attention to it. Then the Act came into operation, and by the fourth and fifth sections, as his Lordship had always understood, and which was fairly to be collected from the Act itself, it was intended that those two remedies should be substituted for the remedy of distringas which had hitherto been given by the Court of Exchequer, and the party should have the right of suing out a distringas, or availing him self of the proceeding, under the 4th section, if he thcught proper. Now it did not appear to his Lordship that the party should be placed in a better situation since the passing of the Act than he was before it came into ope ration. Under these circumstances, the Court was of opinion that the party ought not to have applied under the 4th section for the injunction ; and therefore the or der made upon petition for that purpose must be dis charged with costs. With respect to the other points raised; his Lordship would confer with the other Judges, and come to some fixed rule to be adopted under the 4th and sth sections. THE ATTORNEY-GENERAL V. THE EARL OF STAMFORD. Mr. Milne, following Mr. Bethel!, and Mr. Anderson, addressed the Court at considerable length this morning, on behalf of the application to re-hear the decree pro nounced by Lord Cottenham. Sir CHARLES WETHERELL then proceeded to address the Court o:t behalf of the present trustees, and had not concluded when the Court rose. ROLLS COURT, Dec. 17. BROOKS V. BURTON. Mr. CHANDLESS moved for an order to discharge a second order to amend a bill without prejudice to a com mon injunction obtained as of course after an answer had been put in, a previous order not having been aban doned but not acted on. The suit had been insti tuted for (among other things) restrainine , the defendant from continuing an action at law, which he had com menced to recover 2251, being one half year's interest due upon 5,0001. lent on mortgage to the plaintiff, and to restrain him from all further proceedings for obtain ing the accruing interest on that sum, and a common in junction had been obtained for want of answer. The MASTER of the Rom.s, after hearing Mr. Romilly contra said, that it appeared an order had been obtained to amend the bill, the plaintiff undertaking to do so within three weeks, and subsequently another order was ob tained as of course to amend, the plaintiff undertaking to do so within a week. What was done on that occasion was clearly in contravention of the 13th order of the Court. It was said that order should not be construed literally, but he was of opinion that the 13th order could not be considered as referring only to orders to amend, if aeted on, but that it referred also to orders to amend the after answer. He was also of opinion that it was in contra vention of the 2d order of the 9th May, 1839. The pre sent application, therefore, must be granted, with costs. VICE CHANCELLORS' COURT, Dec. 17. (Before Vice-Chancellor KNIGHT BRUCE.) HORNER V. SAYNOR.--THE NEW ORDERS. Mr. SIMPKINSON renewed his application to his Ho nour to issue an order to the Sergeant-at-Arms to bring Alfred Collett to the bar for not complying with an order to pay money into Court. His HONOUR inquired whether the order was made before the new orders come into Court. Mr. SIMPKINSON replied that the order was made be fore, but when the time for payment expired, the new orders had come into operation. His HONOUR. inquired whether the intermediate pro cesses, which formerly existed, had been abolished? Mr. SIMPKINSON said the 6th order provided that no writ of attachment with proclamations, nor any writ of rebellion should be thereafter issued for the purpose of compelling obedience to any order, process, or decree of the Court. His HONOUR said he had always considered the process which was sought to be used in this case as heavy and severe ; but in the present case there seemed to be no alternative. The parties might take the order, upon the understanding that it was granted ex parte, and at the peril of those who applied for it. The order was then made for the party to be taken into the custody of the Sergeant-at-Arms for contempt of Court. HOLLAND V. CLARK. The arguments in this cause were concluded this morning. Though the sum in dispute is only 1501., his lloNoun said the ease was one of such difficulty that he must defer his judgment until the first day of Bilary Term. (Before Vice-Chancellor WiGn AM.) BLAKESLEY V. WHIELDON. His IToyouit gave judgment this morning fur the plaintiff; reserving the question of costs. COURT OF QUEEN'S BENCH, Dec. 17. (Sittings at -Nisi Prius, at Guildhall, before LordDEN3tAs and a Special Jury.) DANIELS V. BARRY. Mr. CRESSWELL (with whom was Mr. Greenwood) stated the case. It was an action brought to recover damages for a false and fraudulent representation alleged to have been made by Mr. Barry, a ship-owner at Whitby, with regard to a vessel called the Lady Hilda. The plaintiffs, Messrs. Daniels, are London merchants, carry ing on business in Mincing-lane, and in the month of January 1838, they entered into a negotiation with Mr. Welcomb, a ship-broker, for the purchase of the Lady Hilda, for the sum of 5,1501., Mr. Welcomb guaran teeing on behalf of the defendant that the vessel in hull and stores was fit to remain for ten years on the new register, (Lloyd's A). The defendant agreed to the sale on these terms, and after the purchase had been made, it was found that she was very de fective, the wales were not of the proper thick ness, the counter timbers were also defective as well as the scarfing, and the planks decayed very rapidly from not having been properly seasoned. The consequence was that in the year 1840 the plaintiffs were compelled to expend not less than between 7001. and 8001. in repairs in order to keep her on the register, and it would be shown that these repairs were not occasioned by the ordinary wear and tear of the vessel, but from original defects in her construction. He contended that Mr. Barry, the defendant, must have known the manner in which the vessel had been built, and had therefore knowingly made a false representation of her condition. The amount of the damages it would be for the Jury to say; for every defect which the plaintiffs were obliged to remedy, and which in their opinion the defendant was aware of when he sold the vessel, the Jury were bound to give compensation to the plaintiffs. Wm. D. Carter —I am now clerk in the New Zealand Company. In January, 1838, I was a clerk in the em ploy of Mr. Welcomb, the ship-broker. He was em ployed by the defendant in that year to sell the Lady Hilda, and a negotiation took place with the plaintiff's. A letter written by Mr. Welcomb to the defendant, dated 3d January, was put in and read. It stated that the vessel had been conditionally sold to the plaintiffs for 5,1501., the defendant guaranteeing that she should re- Main ten years in class A. 1 ., on Lloyd' s new register, I both as regarded hull and stores. The answer was then read, dated 6th January, from the defendant , a g reein g to the s ale. A letter from M r . Barry to the plaintiffs, dated Bth August, was a l so rea d, stating that the only guarantee he had given was t h at she should be in a certain class. um we Mr. Kelly The SOLICITOR-GENERAL (hWaitthttvh and Mr. Watson) contended t ere was ^o guarantee on the part of the defendant as to the condition of the vessel, and independently of that objection no contract had been given in evidence. Mr. CRESSWELL su bmitted that the letter of Mr. Wel comb who acted as the agent of the defendant, sufficiently established the sale. The terms of Mr. Welcomb s letter were " I have sold her conditionally—} ou guaranteei ng ," so and so, and the reply of the defendant was that_ he agreed, and assented to the represe ntations so made on his behalf. The broker evidently acted as the agent of the defendant, and the representation made by the broker to the plaintiffs must be taken to be the same as if made by the defendant himself. The SOLICITOR-GENERAL would maintain that the sale of the vessel was put in issue, and there had been no proof of sale whatever. Lord DENMAN thought the question of sale was put in issue by the declarations. Mr. CRESSWELL had no objection to put in the bill of sale if the Court thought it necessary. Mr. Carter re• examined—Previously to the bill of sale there was an agreement in writine. between Mr. Wel comb and Messrs. Daniels. The Lill of sale is dated 13th of January, 1838. George Henry Chambers—l was clerk to the plaintiffs when they were in treaty for the Lady Hilda. I saw ISlr. Welcomb respecting her classific Ilion, and he said she was an A 1 ship. The SOLICITOR-GENERAL objected to that evidence. He submitted that Mr. Welcomb had no right to make re presentations, but merely to enter into a contract for the sale of the vessel. Whatever representations he made were clearly without any authority from the defendant, and could not bind him. Mr. CRESSWELL trusted that, for the sake of fair deal ing between man and man in the city of London, the principle would not be recognised that an agent might make false representations with the knowledge of his principal, for the purpose of effecting a sale, and that then he could tarn round and say he was not ' bound by these representations. Lord DElenasz said, without going along with the de fendant's counsel, or expressing any opinion upon the general doctrine, he felt this difficulty, that he could not tell what occurred between the parties until he saw the agreement. Mr. Cresswell was about to tender evidence of what occurred between the plaintiffs and the broker, and the result of which was that the letter of the 3d January, from Mr. Welcomb to the defendant was written at the instance of the plantiff, and it was only on the produc tion of Mr. Barry's answer that the plaintiff was induced to purchase the vessel. Lord DENMAN did not think the Jury could know what occurred unless they saw the agreement, and if that was not produced the plaintiff must be called. Mr. CRESSWELL would tender the evidence of what occurred previously to the bill of sale, and then take the opinion of the Court. The witness proceeded—At the request of ➢lr. Da niels the letter of the 3d of January was written to Mr. Barry by the broker, it being submitted in the first in stance for Mr. Daniels' approval. The answer was also shown him. He said that he would not purchase the vessel unless she was classed for ten years in the register, and had Mr. Barry's guarantee to that effect. Lord DEN SAN still thought the agreement ought to be put in. The agreement was then put in and read. It was dated Jan. 8, 1838. After some further discussion between the Learned Counsel— Lord DENMAN thought the case ought to go to the Jury, reserving leave to the defendant to move for a nonsuit if the Court should be of opinion that the de fendant was not bound by the representations of his agent. Thomas Jackson—l am a surveyor at Whitby. I re collect the building of the Lady Hilda in 1835. She was built by Mr. Lambert, and at his death Mr. Barry, the defendant, undertook her. When he took her, her main and after timbers were up. A person goinc , over her then could ascertain her build very well. I seen some of the planks which have been taken off the vessel. The two planks are nearly five inches thick. There is nothing in Lloyd's about two planks ; it should be one plank ; but it is the common practice at Whitby to put two planks. At the heads the plank is sawed through, partly to enable it to bend the more easily. I recom mended this vessel to be classed Al. I saw one plank very much worn. I should have represented to Lloyd's that the five inches were made up of three thicknesses had I been aware of it. I was not aware of it. I only saw one plank in that state. Several worn and split timbers were also shown me. Mr. Barry was a good deal in London. He is on the Committee at Lloyd's. The certificate of witness to Lloyd's was then put in and read. Henry Rouse—l am Captain of the Lady Hilda. I first sailed her to Barbadoes in January, 1839, and re turned in June, 1839. The ship was on shore on her first voyage. I complained of her weakness to Mr. Da niels, but nothing was then done. In December, 1839,1 again sailed to Barbadoes. I found the after end of the ship very defective, so much so that it would not caulk. The plank was entirely rotten, and we were obliged to piece it as a temporary matter to bring the ship home. We were also obliged to leave out eighteen hogsheads of sugar from the after part. On my return the ship was docked at Mr. Hawke's yard at Rotherhithe. The ship was found so defective that it was essen tially necessary to call a survey of Lloyd's surveyors. Saw the planks in the wales taken off. Almost all of them were more than two thicknesses. It was ash, oak, and fir. Some were sound, and some decayed. Of all those taken out not one was sound. I think the timber was originally defective, and have no doubt of it. The wing transom is one of the most important timbers in the stern ; it was just under the counter. It was taken out and condemned. It was not solid as it should have been, and the timber was unsound. (Witness here stated other timbers which were unsound.) I don't think the vessel should ever have been classed A 1. Mr. Hawkes detailed the various timbers taken out of different parts of the vessel, and which were condemned and replaced by sound ones at the instance of the sur veyors. his bill amounted to 9001., and about 770/. of that was for work done to replace defects in the vessel. Mr. Bailley, one of the surveyors at Lloyd's, produced the rules and regulations for the construction of vessels, and their classification. Some other witnesses were examined as to the defects in the timber, and the expense of the repairs. Mr. CRESSWELL, for the plaintiff, had no objection to taking a verdict for the sum of 4001., thereby dividing the loss equally between both parties, if the Court should be of opinion that the plaintiff was entitled to recover. Mr. KELLY then addressed the Jury for the defendant, and relied upon the circumstance that the defendant had never given any guarantee as to the class the vessel was to stand in. He did not think that the Jury would upon such evidence as was laid before them find Mr. Barry guilty of a false and fraudulent representation in a matter in which he had no interest whatever, he being merely the executor of the owner of the vessel, who had died some time previously. If the plaintiffs were really in jured by the vessel not being of the value represented, then they had their remedy by an action for a breach of contract, if any such contract existed. Again he would observe that no evidence bad been laid before them to show that the defendant was aware of the defects that existed in the vessel, and unless he had a previous know ledge—a guilty knowledge—of these defects, the Jury could not stamp him by their verdict as having made a fraudulent representation. Lord DENSIAN left it to the Jury to say whether the representation of the condition of the vessel was a false and fraudulent one; secondly, whether upon the evidence laid before them they were of opinion that the represen tation was made by the defendant, Mr. Barry; and, thirdly, whether they were of opinion that lie made it, knowing it to be false, and for the purpose of inducing the plaintiffs to become the purchasers. The Jury, after conferring together for about an hour, returned with a special verdict, which acquitted the de fendant of all moral guilt, and was substantially a ver dict for the defendant. COURT OF COMMON PLEAS, Dec. 16. (Continued from our Afternoon Edition of yesterday.) BORRODAILE V. SIR C. HUNTER, BART., AND OTHERS. Upon the part of the insurers, the facts of the case were stated to be these :—The Rev. William Borrodaile insured his life in the London Life Association in the sum of 1,0001 This was in the year 1824, at which period he married his wife, the present plaintiff. The suicide was committed in 1838, under these circum stances :—On the 10th of February he left his residence at Wandsworth, early in the morning, intending to pro ceed towards London. At ten o'clock in the day he was met by a Mr. Unwin, on the road leading to Vauxhall bridge, and that individual noticed an alteration in his manner at the time. The next time he was seen by any one who was acquainted with him was about one o'clock, when he was beheld climbing upon the parapet of Vauxhall-bridge, whence he threw him self into the river and was drowned. Under these circumstances, application was made to the Insur ance-office for the amount of the policy, which had been bequeathed to the widow and children of the deceased ; but payment of the sum was refused, on the ground that Mr. Borrodaile had committed suicide, and that this, ac cording to the words of the instrument, vitiated the po licy, as he had " died by his own hand." The present action was, accordingly, brought to recover the amount of the policy of insurance upon this gentleman's life. From the evidence given on behalf of the defendants, it appeared that, according to the opinion of the witnesses, the Rev. William Borrodaile was of sane mind at the period of his death ; anl that as a proof of the same, he had only on the preceding Sunday administered the Sa crament, as usual, in his own church. Mr. Justice Erskine said, he supposed that the mere act of destroy ing himself, whether in sleep or by accident, would not be contended by the defendants to bring a man within the meaning of the words—" died by his OIN n hand." If this gentleman had voluntarily precipitated himself into the water, to destroy life, then the case would be within the meaning of the words in the policy ; but if his mind were then so far gone that he did not know the probable consequences of what he did, then it would not be within those words. The case for the plaintiff was then proceeded with, from which it appeared that the deceased gentleman was married in 1824, and that he was in the re ceipt of about 8001. a year from his living at Wands worth. Latterly, however, he had suffered under diffi culties, and had been much distressed in mind, from the default of a tax-gatherer in his parish, for whom he had become surety, and on account of whom he had to pay 5,0001. Shortly before his death he became depressed and melancholy and disquieted in his manner. On the morning of the suicide he had ordered clothes to be packed up for him, as he intended to join his wife and children at Worthing that day; and all his acts on that morning showed that lie went oat with an expectation of life. There seemed every reason to believe that the thought of self-destruction came suddenly, and that the act was not one of premeditation and deliberation. The deceased had no motive for self-destruction, and therefore that act must have resulted from a state of insanity at the time he committed it. The witnesses all spoke of the decided alteration in his manner for some time before, and on the day of his suicide. Dr. Morrison, the physi cian, was called, and said that from the evidence he had heard during the cause respecting the conduct of the Rev. Wm. Borrodaile, he was of a decided opinion that the gentleman was not in a sane state of mind at the time he threw himself into the Thames. The witness said he had come to that conclusion on the subject of the insanity of the deceased, from the change in his man ners, depression in spirits, and the restlessness he that exhibited, Borro daile laboured under n t e h s e s hadn o .that .. Mr.. . f o r f o te m n a knownsudden i n • symptoms of incipient insanity, Ploded in the . act of self-destruction. He had similar cases patients to commit suicide impulse, and without any previous inten tion to commit Several other physicians of self-destruction. o plaintiff' s tE a i nf As ea werehaving e. examined, and gave similar testimon?at?' heardtheir t opinion e r evidence o e n f ee Mr. a d ß d o u r c r e o d d a u i p l e o ' n s N L insanity, after having that point. f s es c no l d o La s l e nc d tlz t o h R e replied on behalf of Justice ERSKINE summed up, and the Jury re the3lTdhl r e e . i re tired at half-past nine, and returned at ten o'clock with the following verdict :—" That Mr. Borrodaile threw himself into the river with the intention of destroying himself, but that ther e }iis i_, e was no evid ence of his insanity previously ord to sh t i h p h ea a c v t ing objected to the verdict, t h e Jury again retired, and returned with a verdict f or the plaintiff COURT EDec. 17. DUDELAINE V. THE SOUTH WESTERN RAILWAY COMPANy. The plaintiff in this case sought to recover compensa tion against the defendant for loss sustained by hi m in the sale of a quantity of fruit, which loss was occasio ne d by its detention by them for such a time as to cause the loss of a market. Mr. J. Jarvis, Mr. Richards, and Mr. Hum . frey ap. peared for the plaintiff, and proved that the plaint . iff had consigned to him from Havre a large quantity of plums, contained in two hundred and sixteen baskets. the agent in France having agreed with the Captain of the Calp e s teamer, that the goods should be delivered. in London, free of all other charges, for the sum of 121. 10s. iod. The goods arrived safe, but through s ome blundering upon the part of the servants of the Company, when they were offered to the plaintiff in Covent-garden, a demand was made upon him for 121. 10s. 10d. laid out, and 5/. for the carriage by the railway. Ile showed the carman the agreement for the carriage, but the carman said he could not d e li ver t h em w i t h out the 171. 105. 10d., and he took them back to Nine Elms ; it was true the error was found out in the course of the day, and they ' MORNING SUN THE SUN, LONDON, SATURDAY, DECEMBER 18, 1841. were re-delivered, but at too late an hour for the market that day, which was Saturday th© 7th of August. The plaintiff was obliged to keep them over till Tuesday, when they were so much deteriorated that they did not bring above half price. Mr. HILL, upon the part of the defendants, called wit nesses, who showed that the goods were delivered at the station in Southampton, on the 6th of August, and were put in the goods train, which usually started at eight o'clock in the evening. They were sent, by Prieux, the agent for the Commercial Steam Company, who made the charge of 121. 10s. 10d. The way bill was delivered to the guard of the train at eight o'clock. The clerk cf Prieux had found out his mistake, and arrived at the station at ten minutes after eight, to correct it ; but the clerk refused to interfere, although the train did not start until seventeen minutes after that hour. The clerk sent up a memorandum by the mail train, which arrived in London before six ; but it did not reach the hands of the principal clerk till ten o'clock, at which time the goods had been sent out and brought back again. The Learned Counsel contended that the plain tiff had no claim against the defendants. Had he any claim at all it was upon the Commercial Steam Packet Company. The plaintiff proved the value of the fruit, which, had it arrived early enough for the market, would have been 55., and that they were sold, some for 45., some 35., but the greater part at only Is. The average loss was bout half, or 2s. 6d. The Jury found a verdict for the plaintiff—Damages 321.45. NICHOLS V. LYLE. Mr. JARVIS stated that the plaintiff was a gentleman residing at Merton, Surrey. The defendant was a gen tleman who resided in Cornwall, and was largely en gaged in mining speculations. The parties were intimate friends, and the plaintiff, having implicit faith in the de fendant's judgment, honour, and integrity, was induced, upon his representations, to enter into a contract i'or the purchase of thirty shares in the Wheal Mary Mine for 2521., and five shares in the Wheal Julia for 173/. The shares were delivered, and the 425/. paid by bills, two of which were acceptances of Mr. Hale, which were the subject of the present action. In consequence of sub sequent information, the plaintiff was very anxious to rescind the contract. The shares were utterly worthless. However the defendant agreed to rescind the contract and return the bills, but, after repeated applications, the plaintiff found he could not get the bills, and he went down to Cornwall. He went to the defendant's house where he was engaged with a dinner party. He sent for him, and had an interview, when, as the defendant said, he could not then complete the contract by returning the bills, the plaintiff wrote out and got the defendant to sign a contract to return them forthwith, together with the ba lance of 211. 17s. 6d., which had been paid in cash. The money was paid and all the other bills but the two of Hale's, which had been retained until after he had be come bankrupt. The bills were for 100/. and 78/. 2s. 6d., and were accepted by a gentleman who was in lucrative practice as a surgeon, and he would prove that at the time the bills became due his credit was perfectly good, and his accounts in such a state at his banker's that if presented they would have been paid. Subsequently he was induced to speculate very deeply in the shares of the Southampton Docks. He went far beyond his depth, and as the Company would not allow him to sacrifice the 3,000/. he had already paid, he found it necessary to become a bankrupt. For the damage sustained under these circumstances the plaintiff now sought compensa tion. He understood the defence to be set up was an imputation on the character of the plaintiff It was to be insinuated that two interlineations which appeared on the face of the latter contract had been made by him after it had been signed by the defendant. He would fearlessly put the document into the hands of the Jury, and they would see at one glance that the insinuation was wholly groundless, and that the mistake arose from the hurry under which it had been written, but they were made at the time. The handwriting of the defendant to the two con tracts was proved, as also the payment to the plaintiff of a cheque for 211. 17s. 6d. Several letters from the plaintiff to the defendant, demanding the return of the bills were read, copies having been proved, as the defendant did not produce them according to the notice. Also a demand for the bills upon a Mr. Pike, in September, 1839. A Clerk from the London and Westminster Bank proved that throughout 1839, Mr. James Hale had a steady account with them, and during that year they discounted freely for him. In cross-examination it appeared that in 1840 the plaintiff was in difficulties, and applied for, but did not obtain, the benefit of the Insolvent Act. Mr. THESIGER, for the defendant, said he had a most unpleasant duty to perform, for he feared the result of action must be to show Mr. Nichols guilty of a fraud, and his defence would be, that the contract for the shares was not put an end to until December, 1839, and that in the following March the bills were returned to the plain. tiff. He could not prove this case without deeply im plicating the character of Mr. Nichols. He would prove that the witness who spoke to the application to Mr. Pike was at least mistaken. So also to the copies of let ters which he had proved. He would put in some, dated about the very same time, speaking a very diffe rent language to those which had been read, and in which no notice was taken of them at all. As to the agreement which had been interlined, he was glad that the Jury would see it ; they would see that the intern neations--the most important parts of them—the only material parts—were written in a different ink, and must have been written subsequently. He would show that originally it was a mere memorandum of the bills received on account of the sale of the shares. When they saw the document they would easily see that all the material parts of the writing had been squeezed in to answer the purposes of the cause. He would also show that the date had been altered ; it now appeared as if dated April 15, 1839. They had letters of that very date, and even subsequently, which showed clearly that the parties had not met either at a dinner party or any other place, at or about that date. He had it in his power to show that, whatever might be the credit of Mr. Hale in 1839, he would prove that both of the bills were pre sented in due course as they became due, and that they were both dishonoured. So much for the damage sus tained by their being retained by the defendant. In April, 1840, Mr. Nichols tiled his schedule in the Insolvent Court, yet in it there was no mention made of these bills as being owing to him. They had heard that Mr. Hale became bankrupt ? Surely, then, they would have expected that some claim would be made under the fiat ; but no, no claim was made, and Mr. Hale himself would tell them the reason ; in fact the bills were to have been provided for by Mr. Nichols himself. If he proved that case, he was sure that whatever might be the conse quences, the Jury would give a conscientious verdict. Mr. PIKE, Secretary to the Wheal Julia Mining As sociation.—ln 1839 there were some shares in the He listian mine, standing in his name, the property of Mr. Lyle. In the early part of 1839, the plaintiff told him he had brought six Wheal Julia shares, which he wished to have transferred to his own name, but the order he brought was not sufficient. He heard no more of them. That was in May 1839. He received some bills from the defendant's solicitor on Dec. 24, 1839, amongst which were the two in question. Some days after that the plaintiff called and asked for them. He had orders to give them up on the plaintiff satisfying a Mr. Dobree, who held a bill of his over due, and giving up to him some shares in the Wheal Julia. He s a id h e was sorry the bill had lain over so lung, and he was quite satisfied with the bills being in his (witness's) hands. About a month after he (witness) gave him up the two bills in question, and another one, in consequence of fresh orders from defendant. He (witness) knew nothing about the bills until December, and had never seen any one about them but the plaintiff. Cross-examined—The mines spoken of, Wheals Mary and Julia, were speculations of the defendants—they had failed, and were now worked at a loss. Never told plaintiff the bills were mislaid. The presentation and dishonour of the bills were proved. The schedule of the plaintiff, in the-Insolvent Court, could not be put in in consequence of the absence of the subscribing witness. The proceedings under the bankruptcy of Hale were excluded, not having been enrolled. A number of letters, written by the plaintiff to the de fendant were then read, for the purpose of showing that at the time the plaintiff now alleged the defendant to be indebted to him in the amount of the bills in question, he was in much difficulty, and asking for assistance. The defendant's attorney having, in the progress of' the cause, obtained the attendance of the subscribing wit ness to the schedule of the plaintiff, it was admitted ; no mention was made of the bill. Mr. JARVIS replied at very great length. His LORDSHIP summed up, and the Jury found a ver dict for the plaintiff, damages 1781. 2s. 6d. This being the last cause on the list the Jury were discharged. COURT OF BANKRUPTCY, Dec. 17. HITCHCOCK'S BANKRUPTCY. Mr. MARSDEN, the bankrupt's Solicitor, applied to the Learned Commissioner to know his final decision with regard to the bankrupt's last examination. Such con fusion prevailed last night at the close of the proceedings, that he was unwilling to prolong the matter, and he con sequently deferred his application until this morning. Mr. Commissioner HOLROYD said his intention was to adjourn the case sine die. Mr. MARSDEN said, although most disreputable facts had transpired during the course of this very lengthened investigation, yet lie felt bound to inquire, whether the bankrupt would be called upon to defray the expenses of a fresh meeting ? Mr. Commissioner HOLROYD said, as he had adjourned the case, he should say nothing on the subject to which Mr. Marsden alluded. IN RE WHITEHEAD. This day being appointed for a meeting of creditors under the fiat against the bankrupt, who was an extensive printer in Fleet-street, _ Mr. CHAMBERS (the Barrister) applied to have the bankrupt out of Court during the examination of Mr. Chandler, an annuity broker, who was a nephew of the bankrupt, and concerning whom there was much dis cussion, as to whether he was a debtor or creditor to the estate. His object in makir.g this application was to prevent the bankrupt from having any unfair advantage in giving his answers on a future occasion. The bankrupt's solicitor said, if the Court required the bankrupt to leave the Court, he should take a note of the examination, which would be available to the bankrupt. Mr. Chandler's examination (which the Court decided was private) was then proceeded with. SECONDARIES' COURT, Dec.l7. GRUBB V. BOXSINS. This was an action brought by Moses Grubb, against A. Boxsins to recover a sum of 10/. 3s. 5d., for goods sold and delivered. The defendant pleaded first, that the goods were sold under an agreement for two months' credit, which time had not expired at the time the action was commenced ; and, secondly, that he had given the plaintiff a bill of ex change for the amount. It appeared from the evidence that the plaintiff, who is a dealer in hay, straw, &c., had, during the months of June, July, August, and September last, supplied the defendant with goods. That some time in the month of October he applied to defendant for 4/., who replied that it was not then convenient to let him have the money ; upon which plaintiff proposed to send 61. worth of goods more, and to draw upon him for 101. at two months. To this proposal the defendant ac ceded; the goods were supplied, and on October 14 the plaintiff brought the defendant a bill at two months, for acceptance; that bill was dated Oct. 9, and when defend ant observed this error to plaintiff, plaintiff rectified it by causing a 1 to be inserted before the 9, thus making it the 19th, and defendant accepted it. On the 20th the bill was brought back to defendant, and the person brin g ing it back told him it was worthless, because the date had been altered after it had been drawn. A great deal of contradictory testimony was given as to whether or no defendant had offered to give another bill, but r.o thine.6 turned upon that fact. Mr. Secondary JAMES, in summing up, told the Jury there could be no doubt but that the bill of exchange was worthless, not because it had been altered after it had been drawn, for an alteration made in a bill by the consent of the drawer and acceptor before the bill was put into circulation would not necessarily vitiate it, but because the bill was dated the 19th, when, in fact, it was drawn on the 14th. It was, consequently, for a longer period than two months, and was, therefore, an improper stamp, which rendered it worthless. Whether the bill could be con sidered as evidence that the agreement between the par ties was for two months' credit, was a question for the Jury to determine. If they were of opinion that such an agreement had been made between the parties, then the action was brought too soon, and the verdict in the first issue must be for the defendant. On the issue relating to the bill of exchange, the plaintiff was entitled to their verdict. The Jury returned a verdict for the defendant on the first issue, and for the plaintiff on the second. Mr. C. &WES conducted the case for the plaintiff, and Mr. THOMAS appeared for the defendant. INSOLVENT DEBTORS' COURT, Dec. 17. IN THE MATTER OF JOHN EDW. CAREW, SCULPTOR. The insolvent, who is a celebrated sculptor, applied to be discharged under the Act, and was opposed by Mr. Platt, Queen's f;ouniel, and Mr. Nicholls ; and support ed by Mr. Cooke and Mr. Woodrutie. The insolvent examined by Mr. PLATT—I believe you are a sculptor?—l am. Did you formerly carry on business in the Edgeware road ?—I did. During what time did you so carry it on?—For seve ral years. As far up as 1831 ?-0h no, not so lately as that. I cannot charge my memory as to date, but I should think up to about 12 years ago. Had you a studio of your own up to 1831 ?—lt is eight or ten years ago since I had one of my own. I believe you went down to Brighton, for the purpose of establishing a studio there ?—I did. At the Earl of Egremont's desire ?—Yes. He was your patron at that time ?—He was my patron up to the year 1823 or 1824. Did his Lordship ever give you a piece of land, on which your studio was to be erected ?—He did. For 99 years, I believe, at a nominal rent ?—Yes he did. Did you for some years after you went to Brighton continue your studio in the Edgeware-road ?—No; I gave it up. I understood you to say that you went to Brighton in 1824.—1 had not my studio at Brighton and the Edge ware-road at the same time. Were you performing works for his Lordship prior to 1831 ?—Certainly. What was the first work you were employed upon ? I was upon a statue of Arethusa, and in consequence Lord Petre caused me to be introduced to the Earl of Egremont. What was your next work ?—The next was the statue called Adonis, which was a commission the Earl of Egre mont gave me. In what year was that ?—I can't tell whether it was in 1825 or 1826, but I think it was the early period ; I think it was immediately after the Arethusa was finished. Did his Lordship order the statues of Vulcan and Venus ?—The next, I believe, were those. Was that in 1827 or 1828 ?—I dare say it was about that time; but, unless I had the book to refer to, I cannot say positively. What were the next statues ?—The next were Alci biades and also the Falconer. There were also three models of statues. Were those all completed as early as 1831 ?—Yes. Were those models made in Brighton or London ? They were made in Brighton. Were all the other statues completed before you left Brighton ?—Yes, I believe they were. They were all completed before Is3l7—Yes, they were. How soon were the models completed after you went to Brighton?—They were not all done in one year. Were they done as early as 1832 P—l believe those things were as late at 1836. What, those three models ?—lf you mention any par ticular models, I can give you the information, perhaps. The models of Satan and Dido, and a colossal statue of William the Fourth ?—Those models were commenced about 1832, and terminated, I should say, about 1835 or 1836. I believe his Lordship resided principally at Peg worth, in Sussex 7—He did. And you resided at Brighton ?—I did. Did you from time to time receive money from him ? —I did. Although you resided at Brighton, did you during part of that time reside at Pegworth, at a house of his Lordship's there ?—I did, at New Grove-house. Were you at that time engaged upon any work at Pegworth ?—I was. Did your family live there any time ?—They did. Resided there, I suppose ?—Resided there. What length of time ?—About a year and a quarter, I should think. Did you keep a banking account at Messrs. Wigney's, of Brighton ?—I did. Did you keep any . account at a London banker's also ? —Not at the same time. Have you had no account with a London banker ? I hare had an account with Marten, Call, and Co. How long did you reside in Brighton ? —From the time I left the Edgeware-road, with the exception of the occupation of the house, New Grove-house. You told us just now that you had a banking account with Messrs. Marten, Call, and Co. before you left town ?—That was before I went to Brighton. What, have you never paid any money to Marten, Call, and Co. since?—All the money I had to carry on the business was carried through Messrs. Wigney and Co. That is not my question. Did you bank with Messrs. Marten, Call, and Co. after you were at Brighton ? Why, no. Is not the proper name of that firm Sir William Call, Bart., and Co.?—' believe it is. I did not mean to mis represent ; but I believe that is it. Now, do you mean to say that you have never paid into their hands any sum of money since 1831 ?—I think at one timel received from the Government 1,2001., and to the best of my recollection I called on Messrs. Marten, Call, and Co., to know if they would have the cash for me, as I had business out of town. In a few days I drew 2001. for present use, and thea I drew the other 1,0001. to deposit in the banking -house at Brighton. What year was that in ?-1833. How long did you allow the money to remain in the hands of Messrs. Marten, Call, and Co. ?—Perhaps a week. Now, upon the occasion of the death of the Earl of Egremont, or shortly afterwards, did you direct a letter to the executors now in Court P—l did. Is this the letter ?—lt is. The leiter was then read. It was dated Pegworth, Nov. 28, 1837, and ran as follows : " From the very unexpected and painful situation in which I am placed by the lamented death of the Earl of Egremont, I am induced to request permission to give up New Grove-house, as the object for which I was placed in it no longer exists ; and as my present cir cumstances will not justify my continuing the occu pation of a house of this magnitude, I hope I may be excused for writing thus early, in order that it might be placed at your disposal. lam requested by General Wyndham to send in my account, which I beg to subjoin." The account was then read, with the items, which left a balance in the favour of the insolvent of 5,326/. lls. 11d. The letter then went on :—" The circumstance which induced me to take the late position I occupied was the fact that I believed the late Earl had pro vided for me in case of his death ; and it is my belief that the Noble Earl whose memory I shall ever revere, and whose loss to me is irreparable, had so intended. I return you my best thanks, and it will ever be my study to forward your views in everything in my power." _ _ - The examination was then continued by Mr. PLATT. Did you forward a letter again on the Ist of December, 1837, dated Grafton•street, Brighton?—l did. This letter was also read. Did you receive a letter from Mr. Murray, one of the executors?—l did. This was a letter to the insolvent, requesting a full list of the items in his account. A letter was then handed up to the insolvent, and identified as having been written by himself to Mr. Murray, dated March 13, 1836, containing a statement of account, by which he charged the Earl of Egre mont's estate as indebted to him in the sum of 22,4851, and stated as the reason why he claimed compensation beyond the mere payment for works in sculpture, that he had sacrificed all his other prospects by devoting himself to the service of the Earl. Examined by Mr. PLATT—Did you consult Mr. Bankes about that account (handing a paper to the wit ness) ?—To the best of my recollection I seen that account befoi e. A letter was handed to the insolvent addressed by Mr. Bankes to Colonel Wyndham. Has the account been sent with that letter to Colonel Wyndham ?—I have no recollection of it. Who showed the account to you ?—Mr. Bankes. The letter was then read. It stated that Mr. Carew, in consequence of his ignorance of such matters, and his pressing professional engagements, had requested Bankes, as a friend, to make an account of all his transac tions with the late Lord Egremont ; that the latter had examined several vouchers and receipts, together with the banker's book an d corres p o ndence of th insolvent with the late Earl of Egremont, the result of which he now submitted ; and the letter concluded with an offer to meet any gentleman whom Col. Wyndham might ap point, for the purpose of settling the dispute between the parties. The statement of account, which was dated the 24th of December, charg e d f or v arious works, executed for theecelmatbree' 83 Earl; of f Egremont, 21,2381, to which was ap pended the following item :—" Compensation for profes sional and other labour in the service of Lord Egremont, from the commencement of 1823 to November 1 1 337, at the rate of 2,0001. a-year, including men, wages, and ' materials, 31,000/., making a total of 52,2381. From this there was deducted 1,927/. 14s. Bd. for cash received, leaving a balance of 50,3101. ss. 4d. A letter was then put in, and acknowledged to have been received by the insolvent from Mr. Murray, in be half of Colonel Wyndham, dated Dec. 24, 1838, de clining to comply with Mr.Bankes' proposal, and offer ing to pay the costs if the insolvent would prosecute his claims in a Court of Law. By Mr. PLATT—Was there an action commenced against the executors of the Earl in your name ? There was. And I believe your Counsel withdrew the case from the Jury ?—He did. Were you present in Court at that trial ?—I was. I believe you admitted, in your answer to a bill of discovery, that you had received certain checques from his Lordship ?—I did. A cheque was handed to the insolvent, dated Sept. 28, 1835. The Insolvent—l know nothing of this cheque; I have no means of recognizing it. Another cheque was handed to the insolvent for 1,0001. dated the 20th September, 1828. Mr. PLATT—What do you say to that 7—There is nothing upon either of thuse checks to prove that they were ever paid to me, having never kept an account with Lord Egremont as to the moneys he paid me. Will you venture to swear that neither of them were paid to you ?—I will not venture to swear that. The CO3I3IISSIONER—To whom are they made payable ? - Mr. PLATT—TO " bearer." A cheque was then handed to the insolvent, dated the 18th of December, 1833, for 1,0001. The Insolvent—l will not undertake to swear that they were not paid to me, but there is no evidence that they were. On another check of the 19th December, 1834, for 1,2001. being handed to the insolvent, he said, " I have a recollection of 1,2001. being paid to me by Lord Egre meat, by cheque. In examining the bank book, with Messrs. Wigney and Company, and from other sources of information, I recognised the amount of that cheque. I have no means of ascertaining that sums were paid to me except through my bank books. _ _ By Mr. PLATT (handing a paper to the insolvent) — Does not that refresh your memory that 1,2001. was lent to you by Lord Egremont, to enable you to purchase some land to build a cottage upon ?—I did pay that sum to Mr. Furnall, but I am not sure that it was by that cheque. A letter was then read, dated the 12th December, 1834, in which Lord Egremont consented to advance 1,200/. to purchase some ground. By Mr. PLATT—Does not that enable you to say that the cheque was received for that purpose ?—ln my judg ment it was. A cheque was handed to the witness, dated the 14th of April, 1837, for 50a, payable to the bearer, at Messrs. Masterman and Co.'s bank. Was that paid to you by Lord Egremont ?—I should say it was, from Masterman's name being indorsed upon it. Were they the agents of Messrs.Wig•!ey?—They were. The insolvent was then examined as to whether he hail not, in his answer to the bill of discovery, refused to admit the receipt of the cheques in question, and he re plied that he had refused. The COMMISSIONERS thought that was rather a matter for the Court of Chancery. Mr. PLATT said the insolvent had claimed a sum of 19,0001. as due to him from the estate of the late Earl; whereas it could he shown that the schedule was a total fiction. He had not given any particulars of ac eount. An action had been brought by the insolvent against the executors; a bill of discovery had been filed, and in the answer to that bill he denied several large sums which they could prove him to have received. The Learned Counsel then examined the witness at some length as to his engagements during his connection with the Earl of Egremont, from which it appeared that during that time he had been engaged in executing works for Earl de Grey, in addi tion to those which he executed for the Earl of Egre mont. His object in doing this was to show that the in solvent had not devoted himself exclusively to his en gagements with that Nobleman. The Learned Counsel also examined the insolvent as to his sources of income in 1833, which were a house in the Edgeware-road, at a net rent of 601. a-year ; and another, formerly used as a studio, at a rent of 351. per annum. His object, he said, was to show that the insolvent could not have received such large sums as appeared in the bank-book, from any other person than the Earl himself. The examination was then adjourned until to-morrow. POLICE INTELLIGENCE. THAMES POLICE. Thursday afternoon a Malay, named Handromon, was brought bet'ore Mr. Ballantine, charged with cutting and wounding a Chinese called Howsung, who appeared be fore the Magistrate in a dreadful state. His face had been cut down from the temple to the chin, and his gar ments were covered with blood. The parties were sea men on board the Scaleby Castle, East Indiaman, from Canton, which was navigated homewards by a mixed crew of Lascars, Malays, and Chinese, of whom little care has been taken since their arr i va l in the port of London, and who have made complaints to the Magi strates, of the want of proper clothing and provisions. Luke, a constable, said this day, at ten o'clock, Sir, I was informed the Chinamen and Malays had got fighting en board the Scaleby Castle, and that one man had been nearly killed. On reaching the vessel I found her in a state of great disorder ; there had, indeed, been nothing but fighting and noise all the morning. The wounded man had been removed from the ship before I got there, and this Malay was pointed out to me by a Chinese sea man as the person who cut his cheek open. A Chinese sailor, with a long tail which nearly reached to the ground, was here put forth to interpret, the evidence, but he could only speak a few words of English. It, however, appeared that he saw the affray, and he stated that the Malay took up a long knife and cut the man Howsung on the face, and there was a good deal of fighting. Mr. BALLANTINE—Here is a pretty state of things—a parcel of Malays and Chinamen fighting, and with knives, and they are under no control at all. There should be some English person inves►ed with authority to manage them, and superintend their provisioning and control them. Where are the European officers of the ship— don't they look after them ? Luke—The European officers don't care a farthing about them—they don't care if all the Lascars, Malays, and Chinese kill each other after the ship is brought home. _ _ Mr. BALLANTINE—There ought by all means to be an European boatswain to look after them and prevent theta getting into disorder. Does the captain of the ship look after them? Luke —He is not often on board, Sir. I do all I can to keep them quiet, but they are too much for me. The officers said the Captain of the Scaleby Castle had waited on Mr. Broderip in the early part of the week, and complained that many of his Asiatic crew were annoying the owners of the vessel, and loitering about their offices in the city. Mr. BALLANTINE said it too often happened that the Lascars became vagrants in our streets, because they were not' properly looked after. Do you expect any more of these men ? Luke—Yes, 6ir ; the Fort Wil liam, a 1,200 or 1,300 ton ship, is coming in to-morrow, full of these black people. Mr. BALLANTINE then directed that the prisoner should be detained until to-morrow (this day) at the station house, and that in the meantime a proper interpreter should be engaged to explain the evidence to the Court. He would suggest also while the Lascars, Malays, and Chinamen were in the East India Dock, that policemen or some persons armed with sufficient authority, should be stationed on board the different ships, where they were to prevent similar outrages, and see that the men were properly treated. The state of things which existed at present was quite disgraceful. --- MORTALITY in the METROPOLIS. The following are the results of " A Table of Mortality in the Metropolis, showing the Number of Deaths from all Causes Registered in the week ending Dec. 11, 1841." The Table is issued from the Office of the Registrar-General:— Weekly Total. Average 1838-9.40 Epidemic, Endemic, and Contagious Diseases l5l 204 Diseases of the Brain, Nerves, and Senses 132 151 Diseases of the Lungs, and other Organs of Respiration Diseases of the Hea-t and Blood-vessels l9 18 Diseases of the Stomach, Liver, and other CAUSES OF DEATH. Organs of Digestion... Diseases of the Kidnoys, &c. Childbed, Diseases of the Uterus, &c. Diseases of the Joints, Bones, and Muscles Diseases of the Skin, &c Diseases of Uncertain 5eat...... B6 103 0 1 d Age, or Natural Decay 56 71 Deaths by Violence, Privation, or Intemperance 18 25 Causes not specified Deaths from all causes... - Average Weekly Deaths .. 926 Average Population Deaths NVeettly enu. in Deaths merated the I'3e-9-40. 1641. lh ea. West Districts—Kensington, Saint George (Hanover-square), West ' minster, St. Martin in the Fields, St. James North Districts—St. Mary-le -bone St. Pancras, Islington, Hackney 163 365,660 14 Central Districts—St. Giles and St. George, Strand, Holborn, Clerk enwell, St. Luke, East London, West London, City of London ... 190 373,806 149 East Districts—Shoreditch, Bethnal Green, Whitechapel, S t . G eorge in the East, Stepney, Poplar 2ll 392,493 182 South Districts —St Saviour, St Olave, Bermondsey, St. George, Southwark, Newington,Lambetb, Camberwell, Rotherhitbe, Green wich •... ............ ... ... ...... 223 438,060 191 otal 926 1,870,727 770 It is stated th a t underT the term Metropolis aco comprised tilt, 32 districts herein mentioned, which include the City of Lon. don with and without the walls, the City and Liberties of Westminster, the out-parishes within the Bills of Alortality— and the parishes of St. Maryiebone, St. Pancras, Kensingto n , Fulham, Hammersmith( Chapelry), St. Luke (Ch elsea), Pad dington, St. Mary (Stoke Newington), St. Leonard (Broom ley), St. Mary-le-bow, Camberwell, Greenwich, St. Nicholas and St. Paul (Deptford), and Woolwich. The population, as enumerated in 1831, was 1,594,890; and in June 1841, was 1,870,727. The weekly averrge for 1838, 1839, and 1840, was obtained by dividing the deaths in the three years by 156. TEMPERATUKE IN THE WEEKS ENDING Dec. 4. Dec. 11. 59° 55° 45 40 51 47 16, 1841. Highest Lowest Daily Mean . General Register Office, Dec. The gamekeeper of Sir John Kennaway. Mr. Cock, killed a few days since, on_ the grounds of West hill, twenty brace of snipes and one brace of partridges in thirty-nine shots, without. missing a single shot. — Western Luminary. DISTRESS AT PRESTON. TO THE EDITOR OF THE SUN. SlR — Witnessing the lots of furniture (if it can be called by that name) sold every day at the Obelisk, be longing to poor people, who are sold up for rent, I ap plied to a rent-collector for a statement of the gross amount of such sales. He gave me a list of thirteen cases, which I beg to enclose. This list proves two points: first, the lamentable destitution of poor families, when the whole of the furniture and bedding will not fetch more than 2s. sd., 3s. 4d., 6s. 3d., or rarely indeed as much as 15s. It also fully explains why the home trade is almost entirely at a stand. I specially beg the attention of the well fed, well clothed, well bedded, and well housed bread taxers, to this appalling statement. Preston, Dec. 16. Yours, [ln the list transmitted only two sales exceeded 155.; one brought 2/. Bs, fir the property of a little shop keeper; and another 11. 1 ls. ; the average of the other eleven did not exceed 6s. 5-}d.!] The following is a list of the amount of distress sales within the last two months:— O s. d. 1 11 0 O 11 2i 2 8 0 O 3 4i O 14 2 O 8 3. O 12 6i- O s. d. O 7 4 O 2 8 O 12 3 O 7 101 O 13 1 O 6 3 THE MARKETS.-YESTERDAY CORN MARKET. This week's supplies of Wheat have been small, but considerable of Barley and Oats. Wheat firm in price, with little doing. Barley very dull. Oats very heavy and Monday's prices could not be obtained. Flour as last imported. SMITHFIFLD MARKET. The supply of Cattle and Sheep was short, of Calves and Pigs tolerably good ; there being many of superior quality, the trade became very brisk, and the present quotations were fully realized. Beasts, 1,515 ; Sheep, 2,480 ; Pigs, 470 ; Calves, 165 ; Beef, 4s. to ss. ; Mutton 4s. to ss. 4d. ; Veal 4s. 4d. to 6s. 2d. ; Pork, 4s. 4d. to ss. 6d. COLONIAL MARKET. The market was quiet, and there being few export orders, prices declined for raw Sugar; but Coffee brought full rates, and 665. to 665. 6d. for good ordinary Ceylon. The arrivals were fair. TEA MARKET. The public sales declared, caused the trade to operate with caution, but holders were firm, and would not sell Company's Giongou under s. 91d. cash. TALLO \V MARKET. A fair demand for Russian Tallow on the spot and for delivery up to the end of the year. Prices firm, at 48s. to 48s. 3d. per cwt. Town Tallow at 50s. 6d., cash. OIL MARKET. The Market was firm, and a fair business was done. Linseed Oil 375. per cwt. ( From the London New Price Current of December 17.) SUGAR.-There has beee a considerable falling off in the demand for British Plantation Sugar this week, at a reduction of 6d per cwt. Barbadoes fineyellow sold at 70s 6d to 735, good 69s to 70s, mid 66s 6d to 68s 6d per cwt. To-day the market was in a dull state, and but few purchases were made in either Grocery or Refining sorts, but holders would not submit to lower rates, and prices remain much the same as yesterday ; the total sales for the week are only 700 hhds and trcs. At public sale 133 hhds 19 trs 2 brls St. Lucia went off quietly, but prices were supported, excepting for brown, which went rather lower ; fine yellow fetched 70s to 70s 6d, mid 60s to 635, low mid 57s to 595, good brown 56s to 56s 6d per cwt. REFINED.-The market for Refined Goods has suffered a depression of is per cwt, Brown lumps at 74s to 79s ; Standard Lumps 81s. Titlers and Hatnbro Loaves common and mid 79s to 82s, good 83s to 89s, fine 90s to 975, and superior small sizes 98s to 102 s per cwt. Treacle common at 28s to 28s Gd, patent 29s to 31s, and Golden Syrup 31s to 34s per cwt. Pieces fine at 72s to 745, mid to good 66s to 695, and inferior 62s to 655. Bas tards. common, 40s to 44s ; mid, 45s to 50s ; good and fine 51s to 57s per cwt. Bonded Crushed Sugar at 28s 9d to 29s for first quality ; Loaves, 10 and 14 lbs 31s 6d to 32s 6d per cwt. Treacle at 13s 3d to 13s 6d. Bastards and Pieces at 14s to 20s. Dutch Crushed Sugar at 26s 9d to 27s for the best. MAURITIUS.-For both yellow and brown sorts, prices declined 2s to 3s per cwt ; low heavy brown went at 39s 6d to 40s, ord 425, mid 47s to 495, good 50s to 525, very low yellow 53s 6d to 555, low and mid 56s to 58s, good 62s to 65s per cwt. EAST INDIA.-This afternoon the public sales consisted of 1.000 bags Bengal Sugar, and 470 baskets Java, the former went at full rates ; good brown at 46s to 48s 6d, low yellow 52s 6d to 535, mid and good 57s to 63s 6d ; the latter went 6d higher ; ord and mid yellow at IBs Gd to 19s 6d, and grey 20s 6d to 21s per cwt. FOREIGN.-There are several buyers of brown descrip tions of Brazil, and 17s would be paid for fine Bahia, white kinds at full rates. Yellow Havannah 21s 6d fine; ' in white, prices have been fully supported. At public sale 224 brls 167 casks Cuba were sold at stiffer rates ; mid soft white at 20s to 20s 6d, ord 17s to 19s 6d, mid yellow 17s to 18s 6d, ord 16s to 16s 6d, good brown 16s per cwt. MoLAssEs.-Prices have been firm for West India, Trinidad fine at 26s ; Antigua good 29s to 29s 6d ; St. Vincent's common dark 26s ; Barbadoes fine 30s. Fo , reign Molasses at 7s to 8s per cwt. For Bengal Syrup , prices remain as last quoted. This afternoon St. Lucia sold at 245. TEA.- There has been more activity in the market for Free Trade Tea this week; a good demand has prevailed for black descriptions, and the prices paid are id to ' per lb above those of this day week. Congou, in large parcels, has been disposed of for cash at is 911 to is 9ial for ordinary and good ordinary, and at Is 9f--Id to 2s 3d for middling and fine blackish leaf; the lower sorts have been the most in request ; Pou chong has been selling at is 6d to is 10d per lb. Green Tea has been taken more freely, and sales of common Twankay cash have been made at is 9d, being rather higher. Company's Congou declined to is 9d cash on Sa turday, but prices have since advanced to is 94- to is 9, 2 1 d, several purchases having been made principally for clear ing, but closed at is Octl sellers yesterday. Prices being moderate for Tea there is still a large consumption going on. For auction on the 23d 14,000 packages are declared ; most of the parcels of Tea bought in at the sales ofFei A lay last have been sold. To-day there was less business transacted in the market ; free trade sustained the former value : but Company's Congou declined to is 9d cash and short prompts, and the market closed quietly. RUM, BRANDY, AND HOLLANDS.-The Rum market has been in a dull state all the week, shippers as well as the home trade operating with much caution ; and to dispose of small parcels of Jamaica holders have been compelled to submit to prices id to Id per gallon under those of last Friday ; 32 to 34 per cent. over-proof has been selling at 5s to 5s 2d. Leewards are id cheaper, with few buyers; Is 92d accepted for proof of common quality. Of Calcutta 200 ads have been sold at is 3d proof, being Id lower. The arrivals of Rum have been 715 hhds, &c., this week. The stock of West India is 2,331 puns 527 hhds less than in 1840 at this time, but of East India the stock is much larger than in 1840. The Brandy market wears a firm aspect ; a good demand has pre vailed, and stocks in first- hands are getting into a small compass, the deliveries of late having been large ; Cognac first brands of the vintage of 1836, hhds at 6s, puns 5s 10d ; do 1837 hhds 5s 7d, puns 5s 5d ; do 1838 hhds 5s sd, puns 5s 3d ; do 1839 hhds 5s Id, puns 4s 10d ; do 1840 hhds 4s 2d, puns 4s ; although the crop has proved A fair one, still the houses in France have fixed the price at 85 francs per hectolitre, equal to 4s to 4s 2d per gallon, and for 1840 at 100 francs, which opened last year at 75 francs. Geneva has moved off slowly, fine at 2s 6d to 2s 9d, common 2s to 2s ld, and Hamburgh Gin at is 7d to Is 8d ; the distillers have reduced the price of British Corn Spirits to lOs 2d, being 2d lower, but at that rate a good business has been done. This afternoon at public sale 46 puns 30 hhds Calcutta Rum went at is 6d to is 71-d for 17 to 32 over proof. COFFEE.-The market for British Plantation has been in a quiet state all the week, few purchases have been made privately, and none has been offered at public sale importers, however, do not appear disposed to lower their pretensions, and prices remain the same as last quoted; middling and good middling sorts are scarce. This afternoon the home trade were more disposed to operate, and the market presented a firmer aspect. Ihe public sales consisted of 869 bags Ceylon, 690 bags Java, 100 bags Brazil, and 38 bales Mocha; Ceylon all sold at full rates, viz., good ordinary at 67s to 67s 6d, fine ord 68s to 70s ; Java fetched full rates ; good ord Singapore 44s to 465, ord 40 to 41s ; Mocha sold at 80s to 81s for ord yellow ; Rio sold at 39s to 42s for good and fine ordinary. COCOA.-West India has brought former rates. Fo reign at 33s to 34s per cwt. SAGO.-For this article prices have further given way, good mid at 21s, mid 15s to 18s 6d, and low 9s 6d to 1 Is 6d per cwt. Sago Flour at 12s Gil for good quality. East India Arrowroot at 3d to 4d per lb. This afternoon middling and good Pearl went at 17s to 21s. FRUIT.-The demand continues extensive for all de scriptions at the prices quoted. New Valentia Raisins firm at 36s New Turkey pulled Figs-some very large parcels have been sold at 42s to 455, and 50s for ordinary to very good, and about 5,000 drums, recently arrived, at 60s. Chesme Raisins, in barrels and cases, 29s to 30s per cwt. At public sale 127 butts 41 caroteels damaged Patras Currants in fair condition were sold; butts at 55s to 58s, caroteels 57s to 59s ; 4 butts Cephalonia in bad condi tion 48s to 52s ; 8 butts old Zante were withdrawn ; 30 brls 20 half-boxes damaged Eleme Raisins went at 31s to 36s ; 16 brls red Smyrna do. 29s to 30s ; 83 brls black do. were withdrawn ; 27 bill sound Smyrna Cur rants went at 50s to 525. ErcE.-There has not been much business transacted in Bengal Rice this week, s till holders are firm. Java has sustained the former value. Carolina for home con sumption at 34s to 36s for first, and 28s to 30s for second and third quality. .Itic Java, and 450 hags 500 plas Bengal the former This afternoon the public sales consistgedooodfll4,l,l3ils,e6 went at at e p f e u p l p l e l r ralu la v v . e t t l h li e ti r gts e • r to r l a O te s s 6 , d, the latter sold t f :l t tlL s pa to rtlL s st e ) , l d d , t g e t s 'o a d di v ic 'l l i i it p e' re b v e a ir i ' l g fe th r attention ; good fair Pe ki at lOs to 12s for low t w r e a r Penang at 2- Sumatra _4 d to 2id f air to good light , half heavy at SE' length Es attracted l t o e Malabar 30, inferior 34d, first class sea damaged 3d per lb. ; white is rather cheaper, 6d for mid, and 9d for good qual i ty ; prices have further g i ven way 2s to 3s for Cassia Lignea. 1 imento has brought full rates. The market for Ginger has been in a dull state. West India has sustained thin former value, but East India is cheaper. Cloves, plaices have been sustained. Nutmegs at the former valne. Cinamon at a decline on the rates o f the last auction of 4d to Gd per lb. This afternoon at public sale 90 bags white Pepper, MORNING SUN and 160 chests Cassia Lignea were offered, the forme r sold at 6d. to 6id for mid, the latter taken in 88s for mid • TALLow.—The market has presented a firm arPe ar ; ance for Russian this week, a good demand has prevaiiel for parcels on the spot, and 48s to 48s 3d have been paid for P. Y. Candle ; for delivery to the close of the year 47s 9d to 48s ; for spring months at 48s 6d to 49s pet . cwt. South American 45s to 46s 6d for good and finev, and low to mid at 42s to 44s 6d per cwt. Town Tag"' has met with a good demand ; East India at 47s per el" This afternoon there was not much business done in P.Y.C. for delivery, but on the spot a good demand existed at 48s to 48s 3d: at public sales 230 pipes 28 hhds South American sold at 41s to 465. 6d for ordinal to fine. OILS.—In Olive Oil, 76/ paid for Gallipoli, and 651 to 701 for Spanish. Linseed Oil at 37s on the spot, and 38s for delivery next year. Rape Oil, pale at 545, on brown 53s per cwt. Cocoa Nut Oil at 405 to 40S 9d for the best ; at auction 10 hhds fetched 40s 9d to 415. Polio at 321 to 321 10s for first sort. The market for Flsh' Oils wears a firm aspect. Pale Seal at 431. yellow so straw colour 331 to 391, brown 321 to 321 15s;. Cod lOs to 31/ ; Southern fine 351 to 36/, good 321 lOs to 341 14s, ord and mid 321 to 331. Sperm at 921 for the best British. COAL MARKET. Ships arrived since last market.day, SI. d. Adair's puddle's West Hartley l6 t Hebburn Main l7 3 Holyweil Maui l7 • , ew Tantield Moor l4 5, Ord's Iledheugh l5 1 Walls End ClarkandCo. Walls End .;osforth Walls End Hedlcy l7 1 , Walls End Hilda l7 (3 Walls End Hotspur Walls End Kilhugworth 17 Walis End Newmarch l7 i Walls End N, r hu Oberland 16 6 Walls End Ramsey W. E. braddyll'sHetton '2O 9 Walls End Belmonic Walls End Hetton 2.) 9 Walls End Lambton Walls End Russell's Hetton ,20 13! st• S Walls' End Stewart's ......... is g South Pelton ................... .„ Walls End Bentley'sflartlep!, Walls End Caradec ..... 40 Walls End Cassop ...... 7, $ Walls End Kelloe ..... 0 Tennant's .... 70 Walls End Adel , ide ••••*'". 113 ° Walls End Brown's Do o ' 4 1 0 Walk Et d Evcnwood •••••• 1 7 0 Wills End Gordon ........ ~ 0 Walls End South Durham s Walls End T ees Hetton ...... 19 11 9 Wale E. d cob • ... • ........ j/ 6 Walls End West Tees...•••••• 1 7 0 Nail:, End West Action Anthracite. ........................ 0 Hartley ......................•• 16 Howard'. Netherton Man... COUNTRY MAR Wheat.. Barley. ! o.t . deans. Per Quarter ,s.to s. a. to s. i s.s,s. i s. to A o 5 6 'lath - glanciford 52 72 31 32 26 :46 uridport 68 I '-",„ 40 4j hard 56 72 22 32 22 26 '3B ""' Exeter Gloucester 5O 61 26 30 21 '2B 40 4- ; 40 duildford 58 76 30 :39 23 31 34 4 4 :; Newbury 45 74 i 26 3.") 18 30 40 48 Sti " Reading 45 72 25 28 II P 31 33 44 „ Salisbury 52 72 '27 34 i2O 28 40 5 0 , Shtrborne 6B 72 26 35 a l 32 42 44 SheptonMallet 51 73 28 37 %.. 1 : 27 40 4° j g Uxbridge 37 43 ~:11 28 n Wallninger wo' 54 69 28 35 24 29 42 t,u, q 6 Worcester 64 68 32 6 :_t 20 leovil 52 60 28 32 i.O 24 40 4' Iff 4 LEEDS CORN 1111TIKET • . , 1 0,. to 11 I Wheat, Norfolk: and Stitll,llc, 60Ib. .• ___. 711. _ York. and Lincoln. 601 b.. Barley, Norfolk and Sulrolk .......... Yorkshire and Lincolnshire Grinding• ..... 51 :: i t: 3° l i ........ 41 . 0. ,441. . Beans 631b.... Oats, Potatoe ling. iiiid . . .... 154 .; WP. ve 18:.1 f rill Healing, tor. 11d. to lid Shelling . ,g, to .`"' s ' - I d ' DEVIZES CORN MARKET. 4. , 2 0 Par Sack. s. it s. d. Per Quarter. s• 0to"- 0 iirst Wheat 35 0 to :" . 8 0 Oats (1 ' .22 10 0 U 1 Second •i 0 0 :33Beans (per sack) ,9 0 - 0 Third Barley 23 U 33 6 Bread (pergallonY. ' CHELTENHAM MARKETS. d'i t. O I * Per Bushel. s. d. to s. d.. Per lb. 6 I vVheat dark} , 3 0 3 9 Mutton .................... 0 0 Oats 3 0 3 9 Veal . ....... :"ease 55 0 0 5 8 40 lamb ................•.••"' ......... I" 9 Beans Hay 41.55. to 4/. 10s. Od. per tan. CANTERBURY MARKET. tO . . 76$ Wheat, white............ 61s. to 7.5. .-.. 01d..... ,, .. : 4 - . to i red................... Ms. to 675. ...row 01d.......... ..• to ....4 .Barley, Barley, Malting —30 s. to 3.3 s ....... Gr•nding.. ** -1 • ~,,..4. r Oats 21s. to 2rs. ....... 01.. A .„ ........ . t o ...... _ A , Beans ...-.-..................... 32s to 405....,, 01d...........* sei . 0 -- Pease ..........-..—......... 355. to —5....... Grey...--* CHELMSFORD MARKET. Wheat, White 5 5 33 7 1 to 6 6 35 8 4 P O e a a t s b e . : . . W . . Gray.h. . i . t . . e . .. .. . .. ... ... ... .. . ... .. ...... Red Parley Chevalier .... 34 36 Beans, Tick .......... Grinding t or i f 3 4 1 3'. s 7 --------- LLOYD'S SHIPVINt% LONDON, DEC. 17.—Wind this day at noon S•rd DEAL, DEc. 16.—Wind S.W , moderate.--k r To Blain, Read, Penang; Britannia, ' Edwards, Dias : "liirert ronto, Quebec. Put back, Valleyfield, Collica ula t igto ; with loss of two anchors and chain ; Ludlow , - ` 1 " . ",. eigo Premier, Corfu ; and Garland, Sunderland, days, with loss of jibboorn, &c. for th e RAMSGATE, DEC. 16.—Arrd. Courier, Lonuon, Cape, with loss of rudder, having been. ashore _Pero, Brake; Alonzo. London, for Ancona, with loss of IrCa- LIVERPOOL, DEC. 16.—Wind W., fresh B. ledonia steamer, Halifax ; Catherine, Williams , '7. jsTeif sailed 4th Sept., St. Helena, Ist ult. ; Colebe e '' qua ' Orleans ; Culdee, Montreal ; Mersey and GearrtairJottet bec ; Yarrow, Africa ; John, Montreal. Off' ca re, Sg• Jamaica ; Souter Johnny, Quebec ; John hp's, Ne s Andrew's, New Brunswick ; Liverpool, St , J o Ban gor, Brunswick. The Agenoria, from Quebec t° aground near Beaurnaris, but expected off tvi n t iu : t il b" e c to ti'L g LLANELLI", DEC, 15.—The Suir, frail port, was driven on the Hooper Sands this torn dismasted, and expected to become a wreck. r poo)t DOVER, DEC. 16.—Arrd. Hope, Wells, for very leaky, bows stove, loss of bowsprit &C., h Z,`llO l. been run into whilst at anchor under Dungeness Iris, of Swansea.pttß PORTSMOUTH, DEC. 16.—Wind W. to W. N.W with and squally.—Arrd. Alma, Hamburg, for Bairli s t h arg, mainmast sprung ; Acadia, Quebec ; Falsloe, for Havannah, with loss of mainmast, sails, ite.; 'l7r tin, London, for Sydney; Harmony, Londo n, maica. Put back, Wellington, New York. shore i STARCUOSS, DEC. 16.—Cambria, Bartlett, s 18 raped. near Exmouth, and full of water; crew and materi ll en s , Atie• DARTMOUTH, DEC. 15—Put back We nskaP- Adolph, Odessa. ga10: of i FALMOUTH, DEC. 15.—Wind W.S,W , , str° Joss Put back, London, for New Zealand, w i lt. Jainal e t - e " boom ; Helm, for Ceylon 'The iy 0314 ,4 the tranship" Mountaineer, for Mobile. violence, - j ra s, to-day has prevented the Orient, from . 1111--- ping any of her cargo. G. BRISTOL, DEC. 15.—Arrd. Universe , an Quebec ; Margaret, Bathurst. li DUBLIN, DEC. 14.—Skl. Ellen, Trinidg d •iiri 6. iiiam, DEC. HULL, l6.—Wind S.S.IV. irrd• Ro ble ramichi ; Sophia, St. John's, New Brunstilc for Gray, Calcutta. o „ ra burg" OFF THE GALLOPER, DEC. B.—Maria , Port- au-Prince ; Triton, ditto, for Maranhe, _ eiai • GOLD WATCHES.—E. J. DEN T, be by s‘,l7' aea e appointment, Chronometer and Watchmak er to t at oll and his Royal Highness Prince Alb , rr, assortment of HORIZONTAL WATCHES at 1 01 t i 21 d ebel f. off ers 111 ltl' From their great advantages over those of the verccoo3o2o t tion in performance, appearance, and flatness, he, re ce eleg; them for Ladies' and Gentlemen's wear. Thel ns , 0 0 1 " - ci, eagraved or plain gold dials and cases, and th e 1 101 ",, e cl. jewelled in fuur holes, _ and the performance g uaran'i ct ion o'd abstract from Mr. Dent's Lectures on the Censtrusy be brl d. Management of Chronometer Watches and Clock s l a ,stro li gratuitously by customers, or to the public price I s• - _ _ it Y and Suns, E m it anu T fa E ct A urin S g E s ß il V ve l rs C m E ith S , .— No A . • 13 ';'.41 .-- ll' iflti 14, 1 - , ° of tbl e don, opposite the Batik of England, submit the r r r i a i l li d following SILVER TEA and COFFEE SERV"' tea + e Cottage Pattern is plain, standing on shell feet, the pi.- coffee-pots with a flower ornament on the lids. The skier Pattern is richly embossed with flowers and scrolls• of either is new and elegant : 001TAGE PATTERN. xi NGs 1.0 15$21; ° ( 1 ) £ S. .ig 1 0 Strong Silver Tea-p0t.....12 0 Strong Silver Teapot' '''''' 7 ' 4 ,, i g Ditto Sugar Basin 616 Ditto Sugarm — f ,or 0 Ditto Milk Ewer. 410 Ditto Crestall. 15 - Ditto Coffee-pot. 15 0 Ditto Coffeee"./. Complete A variety of upwards 3 o B f fi 6 fty Tea C° a ra nd Pi Co ete fi e.; ''''''''''''''''''''' be seen in the Show-rooms, where may be selected el v e- ;00 1 `.i, of Silver requisite for the sideboard or plate-chest' , j e . gesl" - . of prices, illustrated with sketches of the various art' e ,j an s! P l ia and forwarded postage free to any part of the k i a a o li r :ore a.- B. SAVORY and SONS, No• 9, C o rnhill, Lo e the Bank of England. i l. BIRTHS. r ert Abbe y, t he 101 (7( On the 12th inst ., at A df K err y , T. Crosbie, Esq., of a dau liter. til e ' sill On the 13th inst , at the g Green, Stratford, Else"' of G. E. Hilleary, * Esq., of a son. k a Lady ell le° On the 13th inst., at Rock-hill, Donegal, t" ' l. Stewart, of a son. lady f the 11 0 On the 14th inst., at Byfleet, Surrey , the the J. Foster Alleyne, of a son. S e r r aP On the 15th inst., at Ilyfleet Lodge, Co bhate, lady of Edmund Bryan, Esq., of a daughter. __ :e -, ti f Wil l° On the 16th inst , at Fit z roy - square, th e w Mitcalfe, Esq., of a son. MARRIED. . 10 4 ' , K egs a , This morning, the 18th inst., at Maberly Char" - l af .14 u- a hy the Rev. Robert Philip, the Rev J. T. Wigner'd Geed" Norfolk, to Harriett Louisa, youngest daught er ' IL Ovenden, Esq., of Dalston, Mides -. ore, On the 12th inst., at Trinity Cloudeslerscl oder doßsfa.ouKbHgi King -street, ' n o t r f ee i :t e h o n t e f, " D l s a E o t t e: o f flamPsttiriekt On the 14th inst., at St. James's Churedit, Mr* J. 13' i i llt. s s, to Mary, el i rr Atl rt°l ,( ' On - • the lbth inst , at St. 'John's, Hackney, ......,• --.„, c0 0e- . t PiccadillY. Esq., to Susanna , • eldest daughter of theestlst.itle Esq., of Upper Clapton. it. V 0 °• (l j • -a ,. smtl o reve f .e., Holloway, 1 k d gii_ E t o sq ; . 'N Ia r y Ae 0 1 a . T On the 16th inst., at All Saints, Westham, - 41Vvg r :::: :eit -1:8 hornton, of Stratford, Essex, to Emily, elder dsught late J. Warren, Esq., of Trinity-square, Tower-hill. E• pas, On the 16th inst., at Gillingham, Kent, the R ev ' the l at. of Chadwell, Essex, to Eliza Ann, eldest daughter of Major Newton, of the Ist Garrison Battalion . - -.-- _ __ _ On the DIED. 15th inst., at Loo , e, near Maidstone, late of Avenue-road, R egent's-padc. . _ , Circ us ' On the 1 9 I ' —I i 'mt., at Ramsgate, Miss rorae, o f the Bath. oullgesl This morning, at a quarter past eight, Emma Mary , d„idge. st daughter of Mr. Robe' t Johnson, Cresent-place, New P rect. r o f t be On the 12th of October, at Bombay' Louisa, wi.e. ~y'i Hon. Sir Erskine Perry, one of the Judges of her NW -- Supreme Court at that Presidency. a c. • On thr loth inst., at Liverpool, P. Courtenay. E 69 ., . Miss Foloter' Bencher of the Inner Temple, and late 'ALP. for Brideatli'so O n the 10th ins!" at Coker- court, Soinersetshire, All7l elyar, Esq.. aged 63. On the 11th inst., Mr. W. B. Jeff er y , of Park-0116h H Greenwich. f 1 OW On the 11 th inst., at Mellerstain, G. B ailie, Esq., o• -6 v u wood 'e, aged 79. i;5" a bet " On the 12th inst., at Mount-street W hi te chapel, .•" Alexander, aged 79. On. the 14th inst., at Enfield, J. Strange, Esq., aed g B2. London : Printed a id Published by MURDO YO Str"" ".6,l„: No. 112, Stran :, at The Su r' Office, No. 18 41 . 112, the County of Ai iddlesex, Saturday , Diconber 18, .--r- 'I I A f east kg NI ck„,