The Sun. — London, England, 1841-11-12 00:00:00

EVENING SUN EXTRACTS FROM THE RECORDS ' OF THE CORPORATION OF LONDON ON THE BIRTHS OF GEORGE 111. AND IV. The following is an exact copy of the proceedings of the Corporation of London, as stated in the journals of that body, in the year 1738, upon the birth of George 111. " A Common Council holden is the Chamber of the Guildhall, London, on Wednesday, the 7th of June, 1738, and in the eleventh year of the reign of King George IL, of Great Britain. &c., before Sir John Barnard, Knight, Lord Mayor of the said City, &c. " A motion being made that this Court do address his Majesty to congratulate him on the happy increase of the Royal family by the birth of a Prince, the same was re solved in the affirmative, whereupon the Court doth nominate and appoint Sir John Eyles, Bart., &c., a com mittee to withdraw immediately and prepare an address for that purpose. " And the said Committee withdrew accordingly, and soon returned and presented to this Court an address by them prepared, pursuant to the above resolution, which, being read several times, was agreed to, and follows in these words " To the King's Most Excellent Majesty, " ' The humble Address of the Lord Mayor, Alder men, and Commons, of the City of London, in Common Council assembled : " May it please your Majesty,—Your most dutiful and loyal subjects, the Lord Mayor, Aldermen, and Commons, in Common Council assembled, do with hearts full of joy approach your throne, and humbly beg leave to offer our congratulations on the happy increase of your Royal family by the birth of a Prince, and therein the strengthening and establishing the religious and civil rights of this country, and the liberties of Europe. " We are so sensible of the many blessings of your Majesty's reign, that from interest, as well as duty, we wish it long and prosperous, and when, in course of time, this Prince shall come to reign, may he, by the ex ample of his Royal predecessors, have learnt to rule a free but obedient people, and become the guardian of those liberties which, by their precepts, he will have been taught to protect. " We should be wanting in that duty we owe to your Majesty, if we did not take this opportunity of testifying our joy, and assuring your Majesty of our fidelity and affection.' " And it is ordered that the said address be fairly tran scribed, and signed by the town-clerk, and presented to his Majesty by the whole Court. " It is ordered, that Messrs. the Sheriffs, attended by Mr. Ramembrancer, do wait on his Majesty, to know the Royal will and pleasure when the Court shall attend him with the said address. " It was reported that his Majesty received them very graciously, and was pleased to make this most gracious answer, viz : •" I thank you for your congratulation on this occa sion, and for this mark of your duty and affection to me and my family. The City of London may always depend on my favour and protection.' " A motion being made that this Court (loth agree to compliment their Royal Highnesses the Prince and Prin eiss of Wales on the increase of the Royal Family and birth of a Prince, " The same was unanimously resolved in the affirmative. " A Committee presented a compliment in writing by them prepared for the purpose aforesaid, and the same b!ing several times read, was agreed to in the following word.; : SPIRIT of the PUBLIC JOURNALS. FROM VIZ DAILY PAPERS OF YESTERDAY. GLOBE.—The congratulations addressed by Lord Lyndhurst to the company at the Lord Mayor's din ner, taken with the history of the " legislative .pro vision" with which his Lordship connected them, sim ply means, that the Tories " struggled" successfully to prevent the public from deriving from it the advan tages it proposed to confer, by facilitating the adminis tration of justice in that Court, which had become a nuisance rather than a beneSt, in consequence of the tardiness of its proceedings—until they should be able to select the additional Judges from their own party ranks, and provide for the son of Lord Abinger in the way we have described, by fastening him—as a recom pense for a few months occupancy of an enormously paid office about to be abolished—a pensioner upon the public revenue ! So much for the subject-matter of Lord Lyndhurst's laudatory oration—the "WE have at length been able to obtain," to which the citizens were expected to respond with suitable " cheers." Lord Lyndhurst is egregiously mistaken if he sup poses that the newly-appointed Chancery Judges, or the newly-issued Chancery Commission, will remove " the standing reproach on the Court of Chancery." The evils in which that "standing reproach" originated, sink deeper into the system than they will venture to sound, and rise higher than they will presume to soar, in search of their origin, or the patronage which pro tects and fosters them. The Court of Chancery, to be worthy of, or worth anything to the country, must be so constituted as to be placed in a condition to ad minister justice at a cheap and easy rate to all suitors, be the value of the property in dispute 500,000/., or only 50/. To palliate the evils which abound in the constitution of that Court, is rather to retard the crisis which assuredly awaits it, and - which can be postposed only to the period when the institu tions of the country are adapted to the improved spirit and character of the age. The additional Judges, 'and the newly-issued Commission, may serve to ward off the dreaded catastrophe from those of the present genets lion who batten upon the harassing delays and ruinous expenses to suitors in that " standing reproach" upon the public justice of the country. - STAND A RD.—The happy birth of the Heir Ap parent, and the safety of a beloved Sovereign, are still the engrossing subjects of interest, and we should feel shame for the degeneracy of Englishmen if any other subject rivalled them ; hut there is no cause for appre hension of such an occasion to blush. Englishmen are what they always were. Their public virtue has its root where only national virtue can ever flourish— in the reverence for domestic duties and domestic affections ; they are the best citizens, because they are first the best sons, husbands, and fathers ; but al their highest domestic affections are now awakened in sympathy with their Sovereign and her family. It is almost to desecrate the love of which Queen Victoria is with so many millions the object, to mingle with it any consideration of loyalty, still more to alloy it with a sense of personal interest ; but were it not indeed an unnecessary task to reinforce the feeling of personal affection by considerations of loyalty and of interest, the birth of an heir to the British Crown and to the House of Hanover sw,rgests such considerations in ample profusion. The Crown of England is held by older, more numerous, and more sacred titles than any crown in the world. Its tenure is of the extent of ore thousand years at least ; and though that tenure has been in early times broken by interruptions, these interruptions have been brief, and the possession has constantly reverted to the family of her who now adorns it. This proves no Divine right—but it proves the general virtue of the family to which the glorious inheritance has constantly been reser% ed, and the indelible loyalty of the British nation. The dignity of the Crown of England is in deed transcendent, and it has been so guarded by Pro vidence to the family holding it for a thousand t cars, that there is seine excuse for the votaries of Divine right. It is, however, upon the lat a 13 of the Ha - toyer branch of the Illustrious House of England that the British Crown has beamed with the greatest brilliancy —a brilliancy not less sp!eadid because mild and beneficent. COURIER.—There is nit a quarter of the British dominions, widely extended as they are, in which the birth of a Prince of Wales will not be hailed with an equal degree of vivid and joyous enthu siasm, es that which ha:led the auspicious (vela on Tuesday throughout the knth and breadth of this va:t metropolis. Tire birth of the Heir appa rent to the throne of thess realms has been ever signalized in British history as an occasion for the outpourings of gratitude and thankfulness to the All-wise Disposer of all human events as well as for the ma riles tations of that ardent and affectionate loyalty which so prominently marks the character of Englishmen. With us, tha•rk heaven lo)a!ty is not a bare ab straction ; it is a vivifying principle, inspiring senti ments of reverence and love for the person of the Sovereign, of obedience and attachment to sovereignty itself, and if ever the nation was permitted to give way to its joyous and generous impulses wholly and unre servedly--:if ever there was an event connected with the occupants of the British Thi ono which may be celearatsd by all classes, ranks, and conditions of people, as not only a present blessing but the promise of innumerable future ones—it is that which thrilled all loyal and faith ful hearts with joy on Tuesday last. The nation re joices in it -as- filiing up the measure of her Gracious Majesty's happiness—as gladdening the heart of her Illustrious Consort—not more illustrious by ex alted station, than by the sublimest virtues, and as realising the fondest hopes of an anxious and grateful people. Our beloved Queen has eudesred herself to the hearts and affections of every class of her subjects, by a combination of the rarest moral and intellectual attri butes. In every quality that dignifies the woman, and becomes the Queen of a free people, our present Gra cious Majesty stands alone and unapproached, the per fect model of every womanly and queenly virtue, And therefore it is, that even on personal grounds she com mands the dutiful affections of her people. During her short reign (may it be long and glorious) she has in every act of her life shown herself a truly constitutional monarch—benevolently anxious to promote the welfare of her people, to consult their wishes and be guided by heir legitimately and constitutionally expressed advice. May it please your Royal Highnesses, "‘ We, the Lord Mayor, Aldermen, and Common Councilmen of the City of London, beg leave to attend your Royal Highnesses to express our joy on the increase of your family by the birth of a Prince, and on the re covery of her - Royal Highness. May your Royal Highnesses become the happy parents of a numerous offspring to be a delight to his Martsty and your Royal Highnesses, give joy to his M.jesty's subjects, and strengthen every part of our Constitution. We doubt not but by your Royal Highnesses' care this young Prince will be early taught those virtuous rnaNims which alone can make a Prince and people happy, and that by the example of his Majesty and your Royal Highnesses he will learn that the glory as well as security of the throne must be founded in the hearts Lnd atitions of the people.' • It is resolved that the said compliment shall be made to their nova! Highnesses by the whole Court; and his Lordship, now informing this Court that his Royal Highness bad rppointed Tuesday next, between two and three o'clock, at Norfolk House, in St. James's-square, to receive the said compliment, this Court doth resolve to attend accordingly, and (loth desire the Rccorder,in their names, t-_.) make the same." On the 12111 of July, 1738, the Journals have the ful- lowing:-- • " Th,7 Right lion. the Lord Mayor acquainted the Court, that on Tuesday, the 27th of June lust, they did I attend their Royal Highnesses the Prince and Princess of Waies, according to his Royal Highness's appoint ment, at Norfolk-house, with their compliments on the increase of the Royal Family and birth of a Prince ; that their Royal Highnesses received them very graciously, and his Royal Highness was pleased to return this most gracious answer (t:iat is to say):— "• My Lord and Gentlemen—l return you my thanks, and those of the Princess, for this new instance of your duty to the King and of your ati;_!ction to me. My son, I hope, may conic in time to deserve the gratitude of a free people which his Majecty now enjoys, and it shall be my constant care to instruct him that true loyalty can only he the result of liberty.'" The following is the account of the City proceedings upon the birth of George IV. (The Court of Aldermen used not at that period to go up with addresses to the Sovereign of themselves, but accompanied the Court of Common Council, of which the Aldermen were also members) : " A Common Council, holden in the Chamber of the Guildhall of the City, on Friday, the 13th day of August, 176 4 , and in the second year of the reign of our Sove reign Lord George 111., King of Great Britain, &c., be fore Sir Samuel Fludyer, night and Baronet, Lord Mayor, &c., .and the greater part of the Commons of the said City, in the same Common Council, then and there .assembled. " A motion was made that an humble address be pre sented to the King to congratulate his Majesty upon the safe delivery of the Queen, and the birth of a Prince. The same was unanimously resolved in the affirmative. Aid the Committee presented unto this Court an address by them prepared, which king several times read, and an amendment made thereto, the same was agreed to in the following words:— " TO THE KING'S MOST EXCELLENT MAJESTY. " The humble address of the Lord Mayor, Alder men, and Commons of the City of London, in Common Council assembled. " ' Most Gracious Sovereign,—We, your Majesty's ever dutiful and loyal subjects, the Lord Mayor, Alder men, and Commons of your City of London, in Com mon Council assembled, humbly beg leave to embrace the earliest opportunity of congratulating your Majesty upon the safe and happy delivery of the Queen and the auspicious birth of a Prince. " So important an event, and upon a day ever sacred to liberty and these kingdoms, fills us with the most grat.)ful sentiments of His divine goodness, that has thus early crowned your Majesty's domestic happiness, and opened to your people the agreeable prospect of per manence and stability to the blessings they derive from the wisdom and steadiness of your Majesty's victorious reign. " May the same gracious Providence now restore your Majesty's most amiable and beloved consort, and gio perfect health and length of days to the Royal infant. Long, very long, may your Majesty live the guar dian and protector, the ornament and delight, of Great Brittn, and by your instructions and example to form the mind of your Royal son to the government of a free, brave. and generous people ; and, in the fulness of time, ausy that son succeed to the virtues as well as the throne of his Royal father, and preserve for a long succession of years the glory, happiness, and prosperity of this country. On the Ist of October, 1762, the journals state as follows: — "The Right Hon. the Lord Mayor acquainted this Court, that on Saturday, the 14th of August last, his Lordship mid this Court did attend hi s Majesty a St. James ' s, =cording to his R oya l appointment , with their address which was agreed to at the last Common Coun cil, that his Majesty received them very graciously, and wa s pleased to make this most.gracious 44 • I receive, with the greatest pleasure, the very af fectionate ex pressions of your d uty and attachment to my family, and thank m e and to You for your e,with which my congra tulations upon an event so l interesting t o me, and to the people, future welfare of my own happi vess upon this and every other occasion is inseparably nneeted, The City of London may always dep en d .." t tion:" upon my cora:ant f avo ur and proec_ [I Y. ano ther part of The Sun is given a very different address to George 111. by the City versitit, both of t he of Lon don, and of his Majesty s answer ; but, as th e from the Jouals of the account preeedill is copied resume it is the snore Co:Torah n of London, we p correct.] EXTRACT OF A LETTER FROM RICHARD HOWITT. AUSTRALIA FELIX, FEB. 14, 1841. I wonder hog these new emigrants will like Austra lia-102 in the shade, as it has been this last week ; there's a climate for you ? The whole country glowing and glimmering like one furnace. Twice the bush has been accidentally set on fire near us, and we and our neighbourhood have had to thrash out the flaming grass with green boughs. If fires arc not almost immediately discovered, the whole land is in flames—grass, bushes, trees ; myriads of insects flittering about the fire and smoke, with svvallows, martins, magpies,crows, hovering around to catch them. In a abort time the country, in stead of a brown, is a blackened wilderness. Go where you will there are on the trees traces of fire. There are also, on the trees, marks cut in them by the natives. These I first saw in Van Diemen's Land, and was much interested by them there—marks left by natives, who had themselves disappeared : Wherever human foot has been I love the faintest mark to trace ; I love to linger near the fire, Extinct of any race. Whatever lives of dark or bright Is there with its intensest power— Is with me in the open light, And haunts me at the midnight hour. The universal soul of song Is round me spread, above, below : All mysteries that to life belong— Crowd on me wheresoe'er I go. So far, but no further with off-hand verse. Writing to you opens old fountains of the mind and heart, and the waters of poesy gush forth. Very few poems have I written in this alien country. One longish poem in praise of the River Yarra, and a few others ; a sonnet I will copy : Blow from the Northern regions of the earth, Etherial winds, one point from out the west : Awake in me what fancy loves the best, That ye come from the country of my birth. o B w u , ht dins e r s ! Toss not in tempest, dance not in wild mirth , But breath e of st o h f i heave n been, e ti a r v b en calm, and home-felt rest— ajogr n h fa e i s r s , and is u n Death of the soul, P this ssest dearth friendlytof the heart and mind! Whence now may s fr w o h m e t r h e e c e a a n rt l h fi w n h d inh converse d ever flow ? In this strange region friend s Save flowers,God's grow ? Then from the Northern b region sun br ( e ) athe thou wind Shine from the North, thou s hin e and s blow ! Now, is not this a complainin g sonnet? gh lit ix, and ought not to have been penned in u t r h e ' en" excellcot country. What are kindred, or frie nd s, or nleasmuit society, or books ? To havelonging or r • • , any after mien things,bow . 4ol) , You arc now looking forwar d to spring, that will be past ere t his reaches you ; nor w ill the set s on have been so I , easant your sight as in my me- How vividly lives site consci ousness o f mory. such a time. The firs t swall u w--the cry of the r cuckoo—the sky a ll melod y wii!i skylark,:—viokts, snowdrops, primroses , but above all thin g s the x.resh springing, deep, and deliciously tender emerald grass ; I see the head of the skylark just pee i . , ing above it, and the cowslip nodding in the wind. You Lye many other blessings that we have net ; you :lave win:er,tax gatherers, poor-rate collectors, the great priv,2ege of building 00,030/. wor khouses—povertyprisoess for 51es titute wretches to thank God in. Remember to be es pecially thankful for these. KENDAL, Nov. 10. FROM A CORRESPONDENT.) Yesterday-John Wakefield, Ebq., banker, was elected Mayor. The following gentlemen retired as Aldermen: —John Wake field, Dr. Proudfoot , T or y ; and William Geldard. T el following were elected Aldermen John Wakefield, James Marshall, and John Whitwell, all Liberals. TO THE EDITOR OF THE SUN. Sra,—Permit me to suggest to you an idea, whicl may do good to commerce by your recommending, as a now pfttern for numerous manufactured goods, the Prince or Wales' feathers It will look handsome either for ladies' wort or gentlemens' waistcoats, &e.,jewelry,.&e. Y. - ntr obedient servant. A COMMERCIAL TRAVELLER. DISMISSAL OF MR. TIGHE HAMILTON. — A report has been in general circulation in Dublin during , the last few days, to which, were it not that we are as sured that it has originated in a quarter certain, from its olitical connection with the Government, to be well-in ormed, we should, ill as we are disposed to think of our present rulers, have at once, and without hesitation, de nted credence. Such of our readers as have nut yet heard it, will be startled at being informed that it has been de termined by the Government to dismiss Mr. William •Tighe Hamilton from the office which he holds of head clerk in the Chief Secretary's Office. But so it is. The Even lig Mail has not threatened for nothing, and we hasten to acknowledge, with the deference always due to those who have made their power felt, the position which the Grange organ has at last arrived at, of con troller of the Castle Councils. This, then, is the com mencement of the " sweeping out"—the fi rst of the series. We arc really Shocked and disgusted, and at a loss fur words in which to express the feeli is which as sail ps at this unprecedented injustice.—Dabla Evening On Tuesday last, some fishermen off Saint Helens, a few miles from the shore of the Isle of Wight, observed a floating mass some little distance from them, and on their nearing it it suddenly disappeared, and shortly afterwards reappeared on the surface of the water ; beiro sufficiently close at the time to see it dis tinctly, they discovered it to be a whale, of about thinzy • to forty feet long—it bore away to the westward h wiqg up at times a vast quantity of water, until the"', test sigt of it.--Hants Advertiser. LAW INTELLIGENCE. ROLLS' COURT, Nov. 11. BARBER V. SWANN. Mr. TURNER, with whom was Mr. BIGG, stated that this case came before the Court upon exceptions to the Master's report. A gentleman named Barber was seised Wee of the property in question, and in January, 1832, agreed to sell a certain portion of it to two gentlemen named Buddel. On the 9th of February, 1832, Messrs. Buddel agreed to sell the property to a person named Wollason, and on the 22d May, in the same year, the Buddels authorised Mr. Barber to receive the purchase money that would be due to them from Wollason. On the Bth February, 1833, Wollason became a bank rupt, and the defendants, William Swan and Samuel Timmings, were appointed his assignees. The bill was filed by Mr. Barber and Messrs. Buddel against Messrs. Swan and Timmings as the assignees of Wollason, and against Samuel William Haynes, the petitioning creditor and solicitor under the commission, who claimed a lien on the property, upon an agreement for a conveyance, by way of mortgage, made to him by Wollasan on 18th September, 1832. The cause came on to be heard in July, 1838, and a decree was made for a specific performance, but the right of con veyance of the property being in question between Haynes and the assignees, it was ordered to be referred to the Master to inquire to whom the conveyance ought to be made, and on the 10th of February, 1841, the Master reported that conveyance of the property ought to be made to Mr. Haynes. Two exceptions were taken to this report—first, that the Master ought to have found that the conveyance ought to be made to the assignees ' • and secondly, that he ought not to have re ported th at it ought to be made to Mr. Haynes. The Learned Gentleman said that under the circum stances of the case there was strong ground to pre sume that there never was any valid conveyance from Wol lason to Haynes ; and, moreover, that if there were Mr. Haynes had concealed it, notwithstanding many occa sions had occurred in which it was his duty to have brought forward his claim, and had permitted the as .signees to lay out upwards of 1,0001. on the property in building without informing them of it, and, therefore, if the mortgage subsisted, it was not competent for him to set it up against their title ; and that if Haynes was en titled to a conveyance, it was to a conveyance by way of mortgage only, and that still a conveyance should be made to the assignees, subject to the mortgage to Mr. Haynes. Mr. KINDERSLEY, on behalf of Mr. Haynes, contended that his client was entitled to a conveyance of the fee simple and inheritance of the property, by way of mort gage, than which neither then, nor at any other time, hid Mr. Haynes made any other claim. The bill al leged that Mr. Haynes had no claim at all, and that the assignees were entitled to the conveyance of the pro perty, on the ground of the money they had laid out upon it ; but, in their own state ment of facts, there was no suggestion that they had expended the money in ignorance that Mr. Haynes had a lien on the property; they only said that Mr. Haynes had not communicated it. The equity they attempted to set up was such as no one would dis pute if it existed ; but there was nothing in the affi davit to show that they were led into the expense they had incurred on the estate, without being aware of a charge upon it. The reason it did not appear in the balance-sheet of the bankrupt's accounts was, that it was not thought necessary to in clude that or the other liens on the estate. Up to the moment at which the proceedings commenced Mr. Haynes had no reason to believe but that the as signees were perfectly well acquainted with his claim. It was stated that on one occasion Mr. Haynes stated it to Mr. Timmings, who said that it was of no effect, and that subsequently Mr. Haynes wrote, offering to submit the validity of his lieu to arbitration. The money expended on the property by the assignee was not laid cut until after they had received fail notice of the lien ; and, there fore, if they, nevertheless, thought proper to expend money on the property, Me. Haynes was entitled to the benefit of it. He, therefore, asked of his Lordship to overrule the exceptions, and when the case should come on for further directions to deal with it as he should think fit. Now, he thought he could show their Lordships very conclusively, that the parties never made such an order within the meaning of the Act of Parliament. Lord DEN3IAN thought the order was a sufficient pro tection to the surveyor. He could not be supposed to examine with special pleading accuracy that the order was in the precise terms of the Act of Parliament. It was only necessary that the thing should be substantially correct, and then the surveyor was boand under a penalty to do it. Mr. KELLY submitted that the real question was, whether the order was legal or not ?—and to answer that, they must look to the framing of the Act of Par liament. If the defendants in the present case had not complied with its provisions, the verdict could not be supported. Now, the order directed the surveyor to cut and prune these trees, but it did not state the object for which that act was to be performed, and that was an express contravention of the terms of the statute. The Learned Counsel having referred to the other points in the case, The COURT said it was impossible not to lament that when the wording of the statute was so clear that it had not been adopted in the order of the Ma gistrates, and thereby have saved the very long argument that had taken place upon the question. The objection on that point appeared to the Court to be a good one, because when a party was called upon to exercise a discretion his attention should be called to the object for which that was to be done. On these grounds the Court was of opinion that the rule for a new trial must be made absolute. JONES V. GURDON. This was an action for an assault and false imprison ment, brought against the defendant, a Magistrate of the county of Suffolk. The case was tried before Mr.. Jus tice Patteson, and the plaintiff was nonsuited, with liberty to move for leave to enter a verdict for 101. Mr. ANDREWS now appeared to show cause against the rule. The facts of the case were as follows :—The plaintiff was brought before the defendant and the officer of Excise of the district on the 25th October, 1839, and charged with having on the 22d October, 1838, shot at a hare, without a game license, and thereby incurred a penalty of 201. It appeared that shortly after the alleged offence took place, the plaintiff left his home, and did not return for six or eight months afterwards, and that would account for the delay that had taken place in the com mitment. For the plaintiff it was alleged that the con viction not having taken place within three calendar months after the date of the offence, the :party could not be convicted in the penalty of 201. under the 52d George 111., c. 93, but that he should have been convicted under another Act, the 43d George 111., which limited the pe nalty to 51. He submitted, - however, that Mr. Gurdon had good defence to the action, because, where the Ma gistrate acted erroneously it was held that an action or trespass could not be maintained against him, but only an action upon the case, and even an action on the case could not be maintained unleAs it was averred and proved that the Magistrate had acted maliciously. Mr. BYLES followed on the same side. Mr. KELLY submitted that there was no legal authority for the proceedings taken in the present case, and that the Magistrate had no jurisdiction in the matter. By the Act the Magistrate was bound to issue a summons, and bring the party before him; but that had never been done —no opportunity was given him of bringing forward his witnesses and meeting the case, and without any previous inquiry a warrant was issued for his apprehension. That warrant was not put in force for six months after his re turn home, and he submitted that there never was a grosser violation of all law than the apprehending the plaintiff under such circumstances, and sending him to prison for 33 days. Independently of the want of juris diction in one Magistrate to adjudicate upon an informa tion laid before another, he submitted that the conviction was a direct violation of the statute, which provided that it must be laid within three months after the offence had been committed. . . The COURT took time to consider its decision. Lord L.tNGDALE, after hearing Mr: Turner, in reply, said that it appeared to him that the evidence before the Master on the part of the exceptants did not establish that distinct equity, byyirtue ofwhich he could establish that conveyance such as was sought ought not to be made to Haynes. He, therefore, thought be must overrule the objections, and decree that the conveyance must ba made to H:.ynes, subject to being redeemed by the as signees. The only difficulty he might have on fur ther directions was one which he owned he might try to get over. He did not think that it was as clearly made out as he could desire, that the assignees had full and complete knowledge of this lien, though they had some knowledge, no doubt. Ile should therefore try and so frame the decree, as to leave it open to the assignees to try other means to esta blish their equity, if they should be so advised. COURT OF COMMON PLEAS, Nov. 11. ALEXANDER V. BURCHFIELD. This was an action brought to recover the sum of 901., the amount of a cheque upon the bank of Young and Co., given by the defendant in payment for two horses bought by him from the plaintiff at an auctiOn in the " Repository," Barbican. The sale took place on the 10th of March, and on the morning of the 12th, shortly before the cheque was presented, the bank stopped pay ment. The defence wa.-. that the cheque had not been presented within a reasonable time ; the plaintiff's case being that, he took the cheque with the un derstanding, that, as it was too late for presentation that day, he should cross it to his own banker, and hold the defendant liable. Conflicting evidence as to the hour when the cheque was given to the plaintiff, and as to the conversation which then took place between the parties, having been adduced at the trial, the Jury found for the defendant. Sir T. Wilde obtained a rule nisi fora new , trial, chiefly on the ground of surprise, alleging that if he had known the defence which was to be set up, he should have been prepared to rebut it, and to prove more completely the lateness of the hour when the sale took place. Mr. Sergeant CUANNELL this day showed cause against the rale ; and after hearing Sir T. Wilde in reply, Their LORDSHIPS said it was a very important case to the mercantile world, and they would take time to con sider their judgment. VICE-CHANCELLOR'S COURT, Nov. 11. (Before Vice .Chancellor KNIG UT BRUCE.) SEASSLE V. COLT AND OTHERS. The parties interested in the cause were the plaintiff, Edward Searle, the personal representative of a person named Andrew Searle, to whom the defendants Mr. and Mrs. Colt granted an annuity of 1221. per annum, charged upon certain freehold premises in Bushbury, in the county of Stafford. Sir John Dutton Colt was the :air riving trustee of th:: marriage settlement of Mr. and Mrs. Colt'; and in him the legal fee of the premises was vested, and Robert Abraham, the legal personal repre sentative of a subsequent grantee of an annuity which was charged on the same premises as the original an nuity, and also upon certain leaSehold premises in the county of Herts. Both the plaintiffs Edward Searle, and the defendant, Robert Abraham, claimed representatively. Abraham had also vested in trust for him, as upon legacy, an old mortgage term for 500 years, which affected those freehold premises at Bush bury, and which term was created in June, 1749. The object of the bill filed in the cause was, in sub stance, to insist that the annuity granted to the in testate of the defendant Abraham was in effect void for want of proper enrolment, and to obtain for the plaintiff the benefit of 500 years, which term, either in whole or part, was vested in a person named Bevon, for the benefit of Mr. and Mrs. Colt. The plaintiff claimed the assignment of that term as a fur ther security for the payment of his annuity. The facts of the case were these. On the marriage of Mr. and Mrs. Colt in March, 1804, a marriage settlement was executed, by which the freehold premises at Bush bury were conveyed to two trustees, the survivor of whom was the defendant, Sir John Dutton Colt, upon trust during the life of Mrs. Colt, so as to vest the legal fee in those trustees to pay the yearly rents, profits, &c., of those premises to such person or persons, or for their I use, as Mrs. Colt should from time to time direct, or for I want of such directions then to pay the rents and profits to Mrs. Colt during her life to her separate interest. The legal fee in those premises, therefore, by that set tlement became vested in the trustees ; and long antecedent to the execution of that settlement the mortgage before-mentioned, for the term of 500 years, was created on those premises, and vested in trust for Abraham in the following way :—At the time of the assignment, there was due upon the mortgage of that term, a sum of 4621., to a person named Smith, who, upon the occasion of granting the annuity to the. de fendant Abrahams, intestate, assigned that term to Bevon upon trust, for the purpose of securing the annuity to Abrahams, subject to any trust for Colt and his wife. Part of Abrahams' consideration money for the purchase of the annuity went to pay the mortgage to Smith. Long antecedent to those transactions Mrs. Colt granted an annuity of 1221. per annum to Andrew Searle, the plaintiff, intestate. That was an annuity during the life of Mrs. Colt. The consideration money for it was ' 7931.• and the date of the deed granting that annuity was April, 1810. It was charged upon those freehold premises of Bushbury, and by the same deed those pre mises were conveyed by Mr. and Mrs. Colt to a person named James Thorpe, for the term of 99 years, if Mrs. Colt should so long live. For the better securing that annuity, and by the same annuity-deed, Colt, the husband, covenanted with Searle for the due payment to him of it. The annuity was paid from time to time by Colt or his his wife to Searle. It was paid, according to the plaintiff, down to some time in the early part of the year 1820. That point was one of those as to the satisfactory proof of which a question was raised by the defendants. The bill was filed in November, 1839. It appeared that in October, 1820, the plaintiffs had arrested Colt the hus band for two quarters of the annuity then due, obtained judgment against him, and charged payment in execu tion. Searle, in whose favour that annuity was granted, died in the year 1835, and it does not appear that any part of the annuity was paid since the year 1820. Searle died. intestate, and the present plaintiff had taken out an administration to his estate. It was upon that state of facts, the plaintiff founded his title. The arguments in the cause had not been terminated when the Court rose, shortly before four o'clock. COURT OF EXCHEQUER, Nov. 11. BRADSHAW V. BRADSHAW. This was an action brought to recover 55/. 19s. Bd., an excess of composition paid to the defendant. The plain tiff was insolvent, being indebted to the defendant. A compromise for los. per pound was entered into with his other creditors, but the defendant refused to come in. The father-in-law of the plaintiff thinking it would prove his son's ruin, gave the defendant 551. 19s. Bd. to induce him to sign the deed of composition. This was done without the knowledge of the plaintiff. As soon as he became aware of it he brought his action for the recovery of the excess. It was tried bethre Lord Abinger, who nonsuited the plaintiff. Mr. Erie had obtained a rule nisi to enter a verdict for the plaintiff, or for a new trial, cause against which was now shown by Mr. THESIGER, who contended that as the father-in-law had paid the money voluntarily, as there was no pressure upon him, he could not maintain an action for its recovery; and as he could not give the plaintiff a title which he had not himself, the nonsuit was right. The Learned Gentleman cited many cases in support of his view of the case, and also to show that the transaction having been concluded, no action was maintainable. He admitted that had the defendant been seen seeking to enforce an agreement which was clearly in fraud of the other creditors, he as its illegality would have could not n g e n t nd h d a e v f e enee. recovered, Mr. ERLE and Mr. BRAMWELL appeared in support of the rule, and contended that a fraudulent preference was in itself illegal, even although the money was not that of the debtor. As the defendant could not enforce any such an illegal agreement, could he do so indirectly by circulating the bills given him for such preference ? The COURT were of opinion that there should be a further inquiry, because no evidence had been given of the payment of the bills. Neither did it appear that they were in the hands of third parties, when they were paid. They would therefore make the rule for a new trial absolute, the costs to abide the event. COURT OF QUEEN'S BENCH, Nov. 11. BROOKE V. JENNY AND °TAMES. (Confirmed from our Afternoon Edition of yesterday.) • Mr. KELLY was heard in support of the rule. It would certainly be a matter of much surprise and regret to him, if their Lordships should be of opinion that a surveyor proceeding under the Highway Act would be justified in destroying the property of one of the Queen's subjects in the manner that had been shown in the pre sent case. He -would remind the Learned Judge before whom the case was tried, that a portion of some of the trees was produced at the trial, and they were of a height and thickness which,' in the eyes of any fair. Jury would have at once put an end to the case. Their Lordships would be of opinion the case must 'go down for a' new trial, inasmuch as the verdict was against the evidence given on both sides. He was satisfied that when he had called their attention to the terms of the Act of Parliament, and the defects in the order of the Justices, they would be of opinion that these proceedings could not be maintained. He was surprised at the argument of his Learned Friend, that because the plaintiff in the first instance sought to obey the order he acquiesced in what was done after wards. That was an argument which would have very little weight with the Court. He would now refer to the language of the 65th section, because upon it the whole • question turned. Ndw the effect of the section ,;ae., that where a manager alleges before Justices that the o ,:'ner of certain hind or hedges next adjoining the highway hut fgiled to cut it, and that 2 j n ctnct , sun and wi n d were preven t e d fr coming to the road w iereby it was inured, then the iblsti9Ps might , determine - t ,;:e question between the parties, and m i ght make an order u p ,1.1 the own er of the land to put and top his hedge in suc h ma , - :_eer as that the road should not be prejudiced. Th en f o l lo ,:ed a I the Justices made an order, ann the owner of the land I refustd to obey it, then the surveyor. himself i may I ofl dependent;.) r u eatcgheeeedos surveyor rotv upon do i); ooar t ththoee cut Justices a Legislature t t . e e s e l e ti t ht ic ar l e ' v ' e a i make having a lv s a g made suc h an (0- , i s ctl, C e o alrh i iilitolline:P,:id‘tTaci7x. THE SUN, LONDON. FRIDAY, NOVEMBER 12 1841. vindictively, he had been proceeded against in a vindic tive manner, as he should prove in another place. Sir H. JENNER said, it had been clearly proved that the defendant had occupied the farm in question, or had held himself out to the promoter and to the world as the tenant ; that he had paid parochial taxes, and had had an allowance made to him, as the occupier, fora dog employed to watch sheep. The Court therefore pro nounced for the value of the tithes doe to the rector, and subtracted by Mr. Fife, at the rate of 551. a-year ; and it was bound, under the circumstances, to condemn Mr. Fife in the costs occasioned by his opposition to the demand (the moderate demand) on behalf of the rector, in this Court and in the Court below. THE OFFICE OF THE JUDGE PROMOTED BY BURDER AGAINST LANGLEY. The Rev. W. Langley appeared, and gave a negative issue to the articles admitted last Court day. POLICE INTELLIGENCE. GUILDHALL. Anne Finden, alias Creasy, alias Payne, the young woman who was charged on Friday last with swindling a great number of coffee-house and tavern-keepers, a re port of which investigation appeared in 771 e Sun of that day, was again placed at the bar before Sir P. Laurie for re-examination. _ Sir P. LAURIE inquired of Mr. Clarke, one of those whom the prisoner had victimised by her specious repre sentations, whether he had any further evidence to offer? Mr. Clarke replied that he had not. Sir P. LAURIE said he was sorry that he could not deal with the prisoner as a felon. One good, however, would result from this investigation, namely, the publi city given to the facts by the press, which, he entertained little doubt, would effectually prevent the success of her future schemes. The prisoner is low in stature, with hard features, and speaks with great fluency and volubility. Her man ners are rather lady-like. After soundly rating several of the simple persons whom she had deceived, she walked from the bar with an air of injured and dignified inno cence, saying they were "quite mistaken" as to her real character and position in society. An interesting and modest-looking girl, about 16 years of age, was charged with attempting suicide. In reply to Sir Peter Laurie, she stated that yesterday evening she was induced to enter a house of an improper character with a gentlemanly-looking - person, but whose name she was unacquainted with, but when she found what description of place she was in, she endeavoured to escape, but he used violence to detain her, and other wise brutally ill-treated her, until her cries brought the owner of the house to her assistance, when the police were called, but the ruffian got off. She was afraid to return to her parents, anti consequently meditated sui -cide. She refused to give the slightest information as to her name or connections. _ _ Sir P. LAURIE desired the constable to try and find out her residence, and remanded her to the Compter in the meantime. QUEEN-SQUARE. A REPENTANT SINNER. Margaret Dodds, a young woman about 23 years of age, was charged with at tempting to drown herself at Westminster-bridge, as also to strangle herself in the station-house. Policeman 126 B proved that at an early hour that morning he found the prisoner on Westminster-bridge. She was crying, and appeared to be in so low a state of spirits that he watched her narrowly. In a few minutes she ran down the steps towards the water. Be ran after her, and caught her at the water's edge. The prisoner implored him to let her go and do as she wished, for she was tired of life, and had nothing to live longer for. He then took her to the station-house. Policeman 188 B said he had charge of the cells, and ‘Lbout half an hour after prisoner had been locked up he went to look at her, and found her lying senseless on the floor, her cap and bonnet strings were tied tightly round her throat, and her face was black ; he cut the strings, and the prisoner, after some time had elapsed, was re stored to a state of consciousness. Mr. BURRELL asked the prisoner if she had any rela tions ? The prisoner said she had a sister married to a coachmaker, at Norwich ; she was respectable, but as for herself she was an unfortunate woman. Mr. BURRELL--Whatever troubles you may have, you must not be allowed to commit the crime of self destruction. I shall hold you to bail. Prisoner,--Oh take the from the life I've been leading. Send 'me to some asylum. I'll do any thing rather than again lead such a horrid life. Mr. URRELL—I am glad to hear you say that ; you are desirous of again becoming a respectable member of society. You will go to prison for the present, and something shall be done for you. The prisoner fervently thanked the Magistrate as she left the bar. DILL AND ANOTHER V. BAMENT. This was an action tried before the Lord Chief Baron, when the verdict was found for the plaintiff. Mr. Erie had obtained a rule calling upon the plaintiff to show cause why the verdict should not be set - aside and a non suit entered. _ _ Cause against that rule was to-day shown by Mr. THE HOER and Mr. MARTIN. The plaintiffs are brushmakers, who received a large order for some of their goods for the defendant, through an agent named Harvey. The goods were sent to Harvey, who delivered them over to the de fendant. The question in the cause was, whether there had been a legal acceptance of the goods by the defend ant, and whether the contract was not void by the Statute of Frauds, inasmuch as there was no contract in writing, the sum being much above loi. They insisted that Har vey was a del credere agent, and the action maintainable. Mr. ERLE and Mr. WHATELEY (contra) contended that the hairbrushes were repudiated by the defendant ; and although some of the other articles were accepted, that would not make an acceptance of the whale. Har vey was the agent of the plaintiffs. There was, then, nothing in the case but a verbal order, which was void by the 4th section of the Statute of Frauds. The COURT were of opinion that the rule must be made absolute. There was no doubt some evidence to go to the Jury of acceptance, but very little. The pecu liarity of this case was that Harvey was the agent of the plaintiff, and sold the goods for cash, and it was his duty not to part with the goods without the money. The de fendant could not claim the goods without the money; therefore there had been no full acceptance such as to lake the case out of the statute. No delivery had been proved ; there was no evidence of a change of possession in the goods; therefore the rule 'for a nonsuit must be made absolute. On the application of Mr. THESIGEU, The COURT ordered a rule for a new trial to issue, the defendant paying the costs of the former trial. ARCHES COURT, Nov. 11. FIFE AGAINST BLUNT. This was a cause of subtraction of tithes, -promoted by the Rev. Henry Blunt, Rector of Streatham, against. Mr. Henry Fife, to recover the tithe of a Farm, called Bridge-house Farm, of 90 acres arable land, and 30 acres meadow land, occupied and cropped by the defend— ant, who had carried away the crops without setting out the tithe in the years 1837 and 1838, which amounted to 551. a year. Th e su it comme nced in the Commissary Court of Surrey, w hi c h re j ec t e d a defensive allegation offered by Mr. Fif e , which set up that he was not the real occupier of th e f arm, b u t merely managed it for another. The d e f en d ant appea l e d from the rejection of the allegation to this Court. which affirmed the sentence, holding that if all the facts were proved, they did not exonerate Mr. Fife from the claim for tithe, inasmuch as he had held himself out as osten sible occupier, and had severed and carried away the crops. At the instance of the promoters, this Court retained the cause, which was suspended for some time, owing to the difficulty of recovering the costs from Mr. Fife, who did not pay them till he had been taken on a suit de contionace capiendo, ttnd imprisoned in Horse monger-lane gaol. Mr. Fife's answers to the libel were not deemed satisfactory, and he had been called upon for further and fuller answers. These he had declined to give, and the cause came on for decision on the evidence taken on the libel. Dr. ADDAms, for Mr. Blunt, contended that the claim we fully vo4dv out, and th a t the defendant had rendered rg himself liable w i d er t h e ste , tute f ur double the aogot of the tithe. vindictively, but was content with the minimum amount Mr. Bl un t, h oweve r, had no wish to proceed of single tithe. Mr. Fife appeared in p erso n, and said belied not occupied the farm till 1838 ; b e h a d merely managed it for a Mr. cir Pen, and that he did not sever the crops. As to the a 10144 hi l there was no desire to proceed Afsainst him -4-rp-of.er UNION-HALE Yesterday John Whitby Nebon, a respectable-looking young man, with both his hands dreadfully cut and lace rated, was brought before Mr. COTTINGHAM, charged with alarming the family of Mr. Rogers, in Bronte-place, Walworth, and breaking sixteen squares of glass'in one of the windows of their house. Miss Mary Rogers stated that on the preceding night, about twelve o'clock, the defendant drove up in a cab, and having knocked at the door, the moment it was opened he rushed into the house and ran up stairs. She ran after him into her bedroom calling out for assistance, when he seized her by the wrists and endeavoured to throw her down, but she resisted with such determination that he did not succeed, and on hearing footsteps he imme• diately rushed towards the window, which he could not throw open, and he then began to smash the glass with his hands, and never stoppeduntil he broke sixteen panes, besides shattering the window-frame to pieces. The de fendant then jumped through the aperture he had made, and got out on the sill of the window, which was twelve or thirteen feet from the ground, and at this moment two policemen and some of the neighbours, hearing the outcry, got into the room and secured the defendant, who was covered with blood and lacerated. Mr. COTTINGFLtM asked the witness whether she had known the defendant previously to the night in question? And her reply was, that she had never seen him before, and could not account for such conduct. Mrs. Rogers stated that she was going to bed at the time, and on hearing a noise, and that her daughter was calling for help, she threw up the window-sash and called for the police, being afraid at the time to open her own room, as there were no persons in the house but herself and daughter. The witness also stated that she had no recollection of ever having seen the defendant before. And she added; that neither she nor her daughter had yet recovered from the effects of the alarm into which they had been thrown by the extraordinary and outrage ous behaviour of the defendant. A cabman stated that the defendant hired his vehicle about half-past ten o'clock on the preceding night in the Haymarket, and desired to be driven to No. 25, Bronte place, East-lane, Walworth. The defendant did not ap pear to be under the influence of liquor, and spoke to him quite rationally, but when the door of the house where he was sat down was opened he rushed into the passage, and witness did not see him again until he ob served him on the outside of the first-floor window, the pains of glass in which he smashed, before he got out en the sill. Mr. COTTINGHAM said that it was the most extraor dinary behaviour he had ever heard of, and that the man who committed such violence must be labouring under insanity. The Magistrate added that he was desirous of hearing any statement, either from the defendant or any of his friends, if he had any in attendance. The defendant, who appeared to be suffering great pain, while the blood was oozing through the dressings on his hands, made no reply; but his mother, who seemed in great trouble of mind, said that her son was a maniac, and that he had escaped from his home, which was in Bower-street, Commercial-road East, at an early hour ,on the preceding afternoon. Mr. COTTINGHAM said that great neglect was attribut able to his (the defendant's) friends for allowing so dan gerous a person to go at large. The defendant's mother here described that her hus band was master of a ship in the present Lord Mayor's employ, and that being paralyzed he was unable to fill the situation; that the family, had recently returned from Hobart Town, and that their efforts to get the young man, the subject of the present inquiry, into an asylum were unsuccessful, and that they were not in a condition to pay for his admission into one of the private lunatic asylums. Mr. COTTINGHAM said that it was quite evident it was dangerous to the community to allow such a person his liberty, and that upon the production of a certificate of his insanity, if the family were not in a condition to have him placed under proper restraint, his admission into one of the public hospitals for such patients must be pro cured. Mr. Mullinger, a gentleman residing at Walworth, who witnessed the greater part of the defendant's con duct, undertook to apprise the Lord Mayor of all the cir cumstances of the case, with a ♦iew that his Lordship would exert himself in obtaining the required admission for such a patient. The unfortunate young man was they given up into the charge of his friends. POLISH BALL AND CONCERT AT GUILD HALL.—Our readers will rejoice to learn that there is every prospect of. this fete going off with the utmost eclat, and that, brilliant as the Polish Balls of former years have been, they are likely to be eclipsed by that which is appointed to take place on Wednesday next, the 17th inst. The concert will possess an unusual at traction in Miss Adelaide Kemble, who has most gene rously consented to forward a charity in which, we un derstand, she takes a deep personal interest, by devoting to its aid those high talents which have already won for her : _a fame so universal and deserved. The lighting and decorations of the hall and concert-room are to be on the same scale as at the banquet last Tuesday, and the at tendance in person of the noble and distinguished patrons and patronesses is expected to be more numerous than on any former occasion, whilst it must be highly gratifying to the friends of Poland to find amongst those illustrious personages the names of those the most opposed in poli tics, yet thus united, cordially, in marking their sym pathy for a brave, but unfortunate people. We trust the hall may net be over-crowded, but it strikes us that the present price of tickets might be judiciously raised. At present they are so low as 15s. for a gentleman's ticket; 10s. 6d. fbr a lady's; and one guinea for a ticket admitting a lady and a gentleman. We remember that on former occasions the only fault we had to find w4ll the Committee of Management was, their not rotriaing sufficiently their issue of tickets, and the consequent crowded state of the hall. Perhaps, where a ball is given with a charitable purpose, we ought not to be over scru pulous; and shall, therefore, say no more than that, in common with, our readers, we wish every success to so spirited an effort to assist the needy and shelter the des ttute, CORN -LAWS.—On Tuesday night a lecture on the Corn-laws was delivered by Mr. George Thompson, i❑ Briato-street Church, Edinburgh. The audience, which was highly respectable, amounted to about four teen hundred, and was admitted by tickets at sixpence each, admitting two, The lecture lasted nearly three hours, _ THE LATE FIRE AT THE TOWER. During Tuesday a greater number of the nobility and gentry visited the ruins of the Armoury than on any previous occasion. Among other valuable articles re moved on Tuesday were six of the eight brass guns taken at Waterloo. At ten o'clock, pursearit to the orders of Col. Aitcheson, the whole of the Ist battalion of Fusilier Guards, quartered within the Tower, assembled on the parade for the purpose of having read to them official commendations of the conduct of the military within the Tower during the night of the fire. Oa the assembling of the troops, with all the officers, consisting of Colonel Eden, Captain Walker, Captain Davis, Captain De Salis, Lieutenant the Hon. James Murray, Lieutenant the Hon. James Duncan, Esq., Lieutenant-Colonel the Honourable Berkeley Drum mond observed, that it was with great pleasure he had the honour to communicate to the officers and soldiers of the battalion the following testimonials of approba tion from their Sovereign, and other high authorities, of their conduct on the night of the late fire, and which he was directed by the Commandant to lay before them. The Hon. Gentleman concluded by reading the correspondence. The reading of the communications appeared to give great satisfaction to the officers and men, and the pro ceeding bad scarcely concluded when the announcement was made at the Tower that her Majesty had given birth to a Prince, which appeared to afford greater gratifica tion, and within a few minutes the Royal standard was floating from the summit of the battlements of the White Tower. At four o'clock the Warders, pursuant to an ancient custom on the birth of a Prince, assembled in their Hall, near the Spur Gate, and the head Warder filled from a silver punchbowl of great antiquity to every per son who chose to partake of it, a glass to drink the toast of " Health to the Queen and long life to the Prince of Wales." At 10 o clock on Wednesday, pursuant to the re quest of the Duke of Wellington, the Constable of the Tower, the entire garrison, comprising the Ist battalion of Scots Fusilier Guards, a company of the Royal Ar tillery, together with the whole of -the Wardens and other authorities, were under arms and assembled on the parade for the purpose of hearing read by the Com mandant, Major Elrington, further communications which he had received from his Grace, inclosing others from the Secretary of State for the Home Department, in reference to the late fire. Major Elrington was accompanied by Colonel Aitche son, Colunel Eden, Captain Davis, Captain Bathurst, Captain Macbean, R.A.,Captain Hamilton, Major Gage, Captain De Salis, Lieut. the Hon. J. Murray, Lieut. the Hon. H. Duncan, &c. He said he had received the commands of his Grace the Duke of Wellington to lay before the officers and soldiers composing the garri son of that fortress the following communications, which, he eauld assure them, gave him infinite pleasure. Tne Gallant Major then read the following : " London, Nov. 6, 1841. At Night. " Sir—l inclose the copy of a letter from Sir James Graham, Secretary of State for the Home Department, in answer to my letter conveying your report of the con duct of the troops in garrison, and of the warders of the Tower, on the occasion of the late fire at the Tower. " I have great pleasure in communicating to you this testimony of her Majesty's most gracious approbation of their services ; and I beg you to publish in the orders of the garrison a copy of the inclosed letter from the Secre tary of SI ate.—l have the honour to be, Sir, your most faithful and obedient humble servant. " WELLINGTON. " Major Elrington, Tower of London." " Since I wrote this letter, I have received the in closed of this day from Sir James Graham : Whitehall, Nov. 4, 1841. "My Lord Duke—l have the honour to acknow ledge the receipt of various reports transmitted to me by your Grace, from the officer in command of the Tower, detailing the conduct of the garrison and war ders on the occasion of the late fire. " I have laid these reports before her Majesty, and the Queen has been graciously pleased to command me to make known to your Grace her Majesty's high ap probation of the faithful service of the officers, troops, and warders, who wete on duty during the fire ; and her Majesty desires that your Grace will notify to them this expression of her approbation. (Signed) " JAMES GRAHAM." " Whitehall, Nov. 6, 1841. My Lord Duke—l have the honour to acknowledge the receipt of your Grace's letter of the sth instant, in closing a further report from Major Elrington, the offi cer commanding in the Tower ; and I. beg to acquaint your Grace that I shall have great satisfaction in for warding to the General Commanding in Chief Major Elrington's statement of the gallant conduct of Captain Walker, Captain De Solis, and Captain Davis, the ad. jutant of the first battalion Scots Fusilier Guards, dur ing the recent fire in the Tower. (Signed) " JAMES GRAHAM. " His Grace the Duke of Wellington." The inquiry in the Ordnance department was still proceeding throughout the day, relative to the origin of the fire, es.was also a military court of inquiry into the alleged misconduct of the soldiery on the night of the fire. Towards the close of the day the interruption to the workmen, in consequence of the large number of visitors, was so great that the Ordnance authorities felt it necessary to issue the following notice : " The public are respectfully informed, that, in con sequence of the inconvenience occasioned by the admis sion of visitors within the hoard fence, to view the ruins of the buildings destroyed by the late fire, the issue of tickets for that purpose has for the present been alto gether discontinued.—By order of the Board, " R. BY HAM, Secretary. " Office of Ordnance, Tower, Nov. 10." Nothwithstanding the caution on the cards of admis sion to the ruins, that persons are not permitted to re ceive specimens, the ladies, in particular, paid no atten tion to it, and many ridiculous scenes took place at the gates of the hoarding on their return, from the police discovering that they appeared rather more bulky than when they were admitted. A lady of rank was stopped at the gate with a " whole battalion" of bayonets, a mus ket barrel, &c., under her arm, and in her pocket a large iron knob, which she had mistaken for a cannon-ball, but which proved to be one of the feet broken off an Arnot stove. The lady was politely informed that these articles must not leave the Tower, and she reluctantly gave them up, and entered her carriage in high dudgeon. It was understood that several gentlemen who had their pockets filled with the relics were taken into custody. The whole of the engines have been withdrawn from the ruins ; there, however, still remains a large quantity of fire in some parts of the ruins. LLOYDS' SHIPPING. VESSELS SPOKEN WITH.-The Seluna, Sept. 16, off Tenecles ; Falcon, Liverpool to Africa, 31st ult., lat. 47, lon. 11 ; Carnatic, Liverpool to Bombay, Ist inst., lat. 48, lon. 10, by the Ambassador, arrived at Liverpool. Wilberforce, Liverpool to Maranham, 9th ult., lat. 43, ion. 29, by the Sweet Home, arrived at Liverpool. Winder mere, Calcutta to Liverpool, 11th ult., lat. 26 N.; Eliza beth, Sierra Leone to London, 19th ult., lat. 35, lon. 36 ; Bowles, 30th ult., lat. 50, lon. 11, by the Daedalus, ar rived at London. Tlipmas Hood, Aug. 31, off the Cape, by the Jane Thomson, arrived off Penzance. Starby Castle, Toulon, and Mersey, 4th inst., off Cape Finis terre, by the Victory, arrived off Salcombe. Boadicea, Plymouth to Zante, Bth ult., let. 38, lon. 4 E.; Mary, Malta to London, Ist ult., lat, 38, lon. 6 E. ; Dauntless, Newcastle to Odessa, 16th ult., off Cape St. Vincent, by the Earl Leicester, arrived in the Creek. Plantagenet, lat. 50 S.; William Mitchell, Leith to Port Phillip, by the Triton, arrived in the Downs ; American Lass, Hare - - burgh to Newfoundland, 6th inst., four miles W. of Sci)!,y, by the Law, Ogilby, arrived at Falmouth. Rubicon. lat. 49, lon. 10, by the Emma, arrived in the Downs. H e l en Simpson, Swansea to Cuba, 12th ult., lat. 22. lon. 36 ; Resource, Bombay to London, 27th ult., off tl'ae Western Isles, by the Margaret, arrived off Scilly. Sl'4, No 2,316, 7th ult., lat. 12, lon. 26, by the Johanaa, arrived of Scilly ; Hiram, of Brixham, 13th ult., off Gibraltar ; Vestal, of Dublin, 13th ult. ; Damel, of Cardigan., 14th ult., in the Gut of Gibraltar, by the Marquis of Bute, arrived at Cork. Matilda, of Liverpool, 11th lat. 36, lon. 31 ; Atwick, of Bridlington, sth ins Wit, lat. 50, lon. 9, by the Pilot, arrived at Kingstown. Commodore, from Liverpool to Montreal, 15th ult., let. 46, lon. 48, by the Employ, arrived in the Downs. Mercury, London to China, 12th ult., let. 39, lon. 13 ; City of Dublin, steamer, Oct. 9, lat. 37, lon. 11, by the Carterretta, ar rived at Alicant. Amelia, London to Buenos Ayres, Sept. 2, lat. 34, lon. 48 ; Poseidurn, Liverpool to St. Domingo, 29th ult., lat. 41, lon. 20 ; Covenanter, Liver pool to New Orleans, 29th ult. ; Carden and Severn, from ditto, 3d instant, lat. 47, lon. 10, by the Governor, arrived at Plymouth. Britannia, of Bristol, for Barba does, lat, 51, lon. 6, by the Elizabeth, arrived at Lla.nelly. Charles Eyes, for Ceylon, Sept. 29, lat. 1 N., lon. 20 W.; brig Centurion, 2d ult., lat. 6, lon. 2, by the Ganges, ar rived in the River. Amicita, Antwerp for Rio, lat. 46, lon. 11, by the Augusta, arrived in the Downs ; Dia mond, of Belfast, for Fayal, 31st ult., lat. 49, lon. 10, by the Eleanor, arrived in the River. Queen Mab, Liver pool to China, Ist inst., lat. 49, lon. 10 , by the Eliza, ar rived in the Downs. Lady Lowden, of Greenock, Sept. 4, lat. G, lon. 24, by the Hamilton, arrived at New York. EAST INDIA SHIPPING, Arrivals.—The Emma, Mann, front China, in the Do rms, sailed Alay 25, St. Helena Sept. 15; Margaret, from Bombay, al Scilly, sailed July 7; Eden, Naylo r , from Singapore, in the Downs, sailed June 2, Cape Sept 2, St. Helena Sept, 10; Jane Thompson, Wayman, from Bengal, in the Downs, sailed May 21, St. Helena Sept. 10; Devonshire , Stevens , from Batavia, in the Downs, sailed July 7, St , Helena Sept. 10 ; Triton, in'Steinliothe,aftrooymr,ll4..tuciellnas,ion Sept. tDloo*win43,al Oct. 20. sailed M a y 2 0, A Arrivals in Table Bay, Cape of Good Hope. The Williams, Chalmers, Aug, 20, from London; Dover, Lemist, 27th, from Roston; Coaxer, Ridley, 27th, from Liverpool, and sailed Sept. 9, to Mauritius; Bangalore, Burnie, V7th, from Greenock, and sailed Sept. 2, to Sin gapore; Harmony, Douglas, 27th, from Knysna Crest; Walker, With, from London ; Thomas Metcalfe, Eager, 29th, from London, and sailed September 28, to Calcutta ; Florentia, Goodwin, 30th, from London, a nd sailed Sept. 4, to Sydney ; B ucep h a l us, Fulcher, Sept. 1, from London, and sailed 9th, to C a l cutta ; Thos. Wood, Grey, 2d, from Llanelly ; Ganges, Walker, Bth, front Liverpool to Swan River ; Le Ketos, Brouiver, Bth, from Nantes Camoens, Baird, 9th, from Llanelly. Arrivals in Simon's Bay—Emerald, Hall, Aug . 26 from Boston, and sailed Sept. 4, to New Zeala nd ; Tr°u badour, Smith, 29th, from Cork, and sailed Sept. 5' t o Algoa Bay ; her Majesty's ship Camelion, Hunter, 3 0 t ' from Rio Si Bonier ; Bell, 31st, from Breede R iver ; W' Miles, Sampson, Sept. 3, from Liverpool ; her Majesty ship Cornwallis, Richards, 4th, from England . her Mft," jesty's ship Grecian, Smith, from Rio ; her INlaie st ,i, s r ship Andromache, Baynes, 7th, from :Mauritius ; Majesty's ship Pelican, Napier, Aug. 21, from G and sailed Sept. 1, to India ; Brothers, W alton, 23J , from London, and sailed Sept. 1, to Calcutta. Arrivals in Algoa Bay—The Vixen, Palmer, Aug' 22, from Table Bay ; Laura, Crockler, 23d, from Lulla. don ; Adelaide, Wharton, 30th, from Simon's Bab all sailed Sept. 3, to Mauritius. 19, Departure from Algoa Bay—The Rainbow, Aug. to Mauritius. 23 3, and CORONER'S INQ [JEST. , s , ; „ An inquest was held at the Coach and Horses Aligns house, in Flood-street, Westminster, before Mr- 11 . 4.g a the Coroner, on view of the body of Walter aged 34 years. • a d William Jones, waterman, stated that about half -p:. two o'clock on Tuesday afternoon last, he discovered o,l' body . of the deceased floating in the river within the inclosure of the dam for repairing Westminster-ashore, as hor on the Middlesex side. Witness towed the body It appeared to have been in the water a fortnight. ja Sarah Winfield stated that her husband was C a P tu e s of the Old Britannia barge, of Rochester, of 60 to. „ oi ler burthen. She knew the deceased, who was a trade. He was on his first voyage with witnesss hub% band on board the barge. On last Tuesday, fortni they were returning from Wandsworth, after dischargt a cargo,of bricks, when, in shooting Battersea Bridge, head of the barge struck one of the piers, Wilso and th e de' ceased was knocked overboard by the tiller, an d .:o, drowned. A few minutes before the accident ocen : 7 be he was remarking that he could not swim, and ' 1 e d• should fall in the water, he was surd to be drew° Verdict—Accidental death. be' A second inquest was afterwards proceeded widl'mble fore the same Jury, relative to the death of a resPec—aars. married female, named Harriet Hewitt, aged 68 Y.--o• It appeared that the deceased was on Thursday last ceeding along Great Chapel-street, W es tminster , „Wee f in passing by two men walking together, the bine`riet; the cape of her cloak became entangled with the i f • of one of their coats, and threw her down on the 1 6 1, .:b ment with such violence, that the bone of her left, ti tt was broken. She was admitted into the Westtnn6; Hospital on Saturday, and died from the effects Of injury about two o'clock yesterday morning. Verdic V Accidental death. THE MARKETS COUNTRY MARKETS ut.,L.ninit 6 , :trin.rt.n.s. o -_...-- - ~„.be Wheat. Barley. I Oats. 1 3eati3. ___,..../ ......------ --- -.....----• ---- to , ' s. f„ti Per Quarter. s. to s. s. to s. s. to s. s. to s• . 40 3ath .....• , Slanciford oridport - ,0 Chard 155 72 28 32 22 26 31. 42 jr „ .- Exeter , , 4 11 Rioucester ,62 76 28 35 2'2 t 8 40 '.'' 4,, I 4uildford '62 71 30 35 i - 4 30 40 4.5 :6 . ", t Newbury Reading „ , 5; 19 1 26 38 19 32 33 46 34 ! ' Salisbury !52 62 27 34 90 28 40 50 Shtrborne ' 72 76 '24 Shepton Mallet 55 71 28 38 t 0 27 40 0 " ‘ ,3 g „- Uxbridge 1 37 43 21 28 ---,, Warminster 56 71 t 9 38 '25 29 40 tv ......-- ...,, Winchester., i 45 66 - - ~.. &will 156 74 32 31, . '2l 30 40 4 4 LEEDS CORN MARKET. . 7 so Wheat, Norfolk and Sutli,lk, 601 b. . , 609. t ° 7 o,. ---- York. and Lincoln. 601 b. aarley, Noriblk and Sutiolk Yorkshire and Lincolnshire Grinding • • •••311. ••• • • • ..... • . 3 5 7 1 I :. 0600 toy" 3 I Salisbury is2 62 .., ii Shtrborne '72 76 S' ..., SheptonMallet 55 71 . jt ,• Uxbridge I -- , Warminster 156 71 i Winchester i 45 66 1 —i i (eovil 156 74 ;32 31 ! :1 30 140 44 ' LEEDS CORN MARKET. , 75f• 11 Wheat, Norfolk and Sutli , lk, 601 b. • ... ea 7oi , r -- York. and Lincoln. 601 b. . 5a3. 3 5i, ~ . ••••••. • ..... ~,,., 4 . Barley, Nortblk and Sutiolk ' ls. fl t s.j Yorkshire and Lincolnshire Grinding . Beans Oats, Potatoc 05..., et si,.o, —Mealing. For. ltd. tolid. Eng. J uit. to 14d :. ,: ~e, ,, Slieding 3.3,. to 3" ' a, DEVIZES CORN MARKET. 3 F. LS . Ai Per Sack. s. d. s. d . Per Quat ter. !. o to., it lirst Wheat 35 oto :6 0 Oats _ .2f2 ~ V 0 '-1 0 ::3 6 Beans (per sack)... Second ..9 u 0 g it Third derby 24 0 37 0 Bread (perga'.ion). x tl. 1 6 6 6 6 6 g 1 , M Pet lb. CHELTENIIA Per Bushel. g. d. to c. d. Wheat 7 e 8 6 Beef.... ... -...-. . -.-... .......... &sky. 3 0 3 9 Muttoit .................... Oats 3 0 3 9 17cal. Beans . 'ease 5 0 8 0 Larnb .................. .." .. flay 41.55. to 41. 10s. .. per lon. CANTER BURY 'MARKET. to 7 16 ' 620. to 70s. .„..... 01d..,........ , - -5 * o 6 • 60s. to 635....... 01d..........* ms s ' Co' . 28s. to 373 ....... Grnding.. --- to .... 5. • 21s. to :285......... 011—.......... .... 4. 5. ..... to 4 37s to 38s. ........ 01d............... t 0.. ., , 3tis. to —5...... Grey—, ---• 560. CHELMSFORD TitARKET. ..4. t ° Si Wheat, White 62 to 71 Oats ................... ... ..... 5 4 .4 Red , ;,, ~„ ' Barley ~; Cheralier '6 :43 Beans, Tick. ............ .... io g * Grinding Wlicat, white,........ Barley, Malting Oats •••••• Pease y , i'Ell' d STATE OF TRADE AT Miti•:4CH. , -„ - es atir, There was little change in the market on ri- .. u ort ill` Owing to the advance of the season, and the On 0 06; of a Hamburgh mail, the demand for yarn for O l e ate ris; nent of Europe has considerably abated, but n° ~.f lo ta te' alteration has taken place in, prices. 3lanutar ,tif goods, with the exception of fustians, continue u g t feAr depressed, and it is difficult to force sales mitting to serious sacritie- ds . S ome attempts hay s fof making to bring abor.it a more general agreentliiev, limiting the hours or labour ; but hitherto, We P ' , . 0 1 without success. —ldanchester Guardian. 15 The followi . ,,g instance of the mononan l ijo for theft is relate - I t by the Courtier Francais, but it is i t oo Innately wi 4 ,hout precedent :---., A f ' ge nt -e 11$ oreign ja g . and his Wile were in the habit of dining a l m ost ° Afte r time . JAe waiters began a fashionable restaurant in the Pal • R l '• 1 4 ' witho e be n o to miss a a r ls ticl o es 'a of e. ple te• it e_, ° . observing at first, but afterwards remarking, 695 its' t - the silver forks alone, and not th e s p oo ns or °th e " f e ll °a Which disappeared, their suspicions at l e ngth,_ f oss' . the two for e i gners , and were communicated to tn. fr o!: ter of the establishment. He rejected the ide_a ‘" bo 05 the respectable app e ar a nce o f the parties , ways dined sum pt uous ly a nd paid liberallP,ooo_ the • waiters persisted in their notions, th e ; err, rateur directed them to serve plate -Witl i te a JO_ titular mark for the tabl e of the susPe e 0 01 1 :e , a ties. This was done twice, an d twice , fork. vi o f t ie sing. On the latter occasion he dire,cted 018 - r 0 19° `/ waiters to follow the guests and ascertain tilo s" i i s il i T: !tad character. They were found to b e American ia or' t ,,‘ In splendid furnished apartments at I,oo o f a eo ple be and were reported by the conci erge w be P wit h t ele wealth and honour, paying all th e i r eccoun ts d to ~ ,l utmost regularity. This being communi ( l n e reseL e ‘ 11 restaurateur, he went to, the parties, and in ore "11/ terms claimed a fork, wl l i c h h a d a s hort titne:' freP - 0 5 abstracted. The husband, who alone slllped IV was highly indignant, d ec l are d th a t he be- - a tli g te or of the highest offices in his omit country, a% ta ttra'd if and all his family w ere a b ove susp i c i on . The l ' 3 , 1111 41 ,1 persisted, declared th a t h e h a d p os itive pro he 0 "..,1' what was abstracted was not give :n up to him' on io , ;0 apply to the police. On thi s th e gent l eman held 3 e t ICI I : t ill tion with his wife, whi c h b eca , ale war m, e' d 10 1 ' lt' It' ended in her producing the fi wit, which sh e he r estl o t wrapped up in her sh aw l. O n. rece i v ing it , t P ot ailf,p , rateur informed the American., that this we s I ', beeenV similar articles, to the valu , .l of I,ooof. Inn' j os. : b ii stracted, and, he was convinef,d., by the same l'' l „,ia4o grieved and astounded gentl en' ,an irumediatelYl:ore rot sum, earnestly requesting t:ne 'restaurateur 10 rod t o t, whether it was all he tad It , st. This he di°A j o cie v i retired, expressing his vexatio n at the untowe r o ale i l l i lit and his conviction eJat it aroi;e solely from ° l o l;ing fte r monomania, the . latter for the deF,cr, c of his conduct. A fee' ato " ea , r Xentleman, in his turn, tilayi their wards the foreigners left Paris, and retn r ;:i tlo t t eli own country, lady destroyed the articles severally almost in.' after she L' a d taken them." It has since been ascertainc .„olia ~, se' ' 3s ""tfor ....—.--.1.-4 - ,s, p l " di' PL 'ATE.—A, B. SAVORY and SO l 7 , o voinef factur i ng Silversmiths, No. 14, Cornhill, London Or 0 ' l t li , BIT. ) : of England).—The best wrought Fiddle -I' 4, ` ,, t ri e o r g h s(B er ilf - Spy ions and Forks, at 7s. 2d. per ounce.. The fo ° li''' i be hatt , rt , weights recommended, but the articles may .' 0 I ) kreavier at the same price per ounce : s , eh 10 5 1 12 Fiddle Pattern Silver Table Spoons ° L . at 1 . . 1 0 7 l i t) 4 12 ditto Dessert ditto- 20 a' . 7 :* 12at7 ' . • 11 ditto Table Fork! 3 0 12 ditto Dessert ditto 20 a 3 ' t; 2 . ditto Gravy Spoons; 10 a t , I 7 .•• 5 1 6 0 1 ditto Soup Ladle—. 10 at - 9 ••• 1 °„ 0 4 ditto Sauce ditto. 10 at ' ) 0 I': .1 4 ditto Salt Spoons (gilt strog. S ID :, 1 ditto Fish Slice... .. ..... •••••:: d... 0 O bi 12 ditto Tea Spoons. ~ 10 at t . 1 .0 05) os ted r 1 ditto Pair Sugar Y: t rOng , k 9 e r, 1 1135 t he P o i N.B. A pri c e current, s t am p e d as a x .ewspaP ti es to t oo, , drawings, and contai n in g ever y i n f orm . a tion ro la ' ay plica er to chase of silver or Sheffield plate, may b e had ° n • - , 1 an sw will be sent into th e countr y, f ree o f postag e ' paid letter. ( 0 OW On the 10th i ns t., at Wolverton fl ouse, -- u iiii Richard Harrison, Esq., of a d h • On the 10th inst., at Derbr-rot f ,d.'el, . Kins: l2l: , k: ttbb tist ee e; 11: stoo O ckn n .ht t h h i ie e i , 1 1 H, 10th inst., inst., snsttse.io,dt the Mr. Peter P. Rolt, of a son, still-b• i rn. 60 1 ' 54 bta P e r wife of E. G.,,Whit . e, Esq, Barris ,ter-at -law, of a 0• • , Esq. , . e t , o f e. n eofl C aad h ys a o r oo l f o . t H te ~.s3trieaeytn,::::::. isayouroti, On the 11th inst., in Montague .square , " Macnaghten, Esq., a son. If' i °( ' t , ( (i MA RRI ED. „m e sa, ''',.lo k ,;( On the 6th inst., at Little Sta amore. 3. 1 '""" flei e- o of Esq., second son of V. Pr -or,of 3:ll(lock,Esq" a lnor e ' eldest daughter of J. D. 3 Nortor ~ of Little St , we e ' the Judges of the Supreme Court .' a t Madras. of Gen,ieo l ,t On the 17th of August, at Cal 4 -town, CaPe ii , s, a nd oo ge Griffin Nicholas_, Esq., of Arlit cr a Keynes. ,‘ Anne , I 4, nant of the 62d Regiment of F o ot, to Matiloa , sc o tt, daughter of Lieutenant-Colon el Bird. „ ld, H. .e'; Se c 'f, On the 9th i ns t., a t St. Jof in 's, Wake ° e , willio oe v. Esq., s econ d son o f th e late 'vie utenant-Colon I o f the 8,, of Bevelaw, to M a ry Ann e , a ldest daugh ter / or , 0 Kilby, incumbent of St. .7, o bn' s , Wakefield. r po en oi tet r, On the 11th inst., at. St.' Margaret's, oe u a noo t da a tiolV4 Venables of Newgate.mark e.' t, to Jane, Y,...'", if f e , rear, 0" 0 late J. Pilcher, Esq., of St. I.vlargaret's-at"-lichorch, -13,10,5,1 ,i On the 11th inst., at St ~ Pancras Neewp a tt,het' lit 1/° eldest son o f J o h n C oo l l s .i n , Esq., o, e o f the on Sophia, (laughter of 'l'. C ,v ao k, Esq., surf, Surrey Militia. 0 141 1' ,--. 6 g f .DIRD. M00,11:51.,0. „ a t On the 20th ult., at 11 &le a , the Rev. Vert Je ffry J 4 'Pr On the 29th ult., at . c`,ieltenhano, L. bany-street, Regent's- p ark , aged 37- ,„ Hogg , ha te gliis , so' Ow On the 2d inst., at 1- mi, ,b u rgh, lb'. 1. f o rd' 0 sur o g n eo t n h o e f 2 t d he in 4 st l . st l a t t e! 3 ,-i czna: -nt. ,_ .„, ~,,.,,, Cra w 30 soot b o rough, .*" c-- „ - ii .., ag - i a ce , cond son of Mr. A'lexandee Crawford, J ew l a e v y . beY'r On the 9th inst., 'Mr. ( !. Neyle, of 3 Lambeth. /X' o , Ot. c "5: - (Piii o, London: Printed and . ?t. :blished by blu r o OS, itt No. 112, S:trancl, at 71 he Sun Office, N. ber . the County middle fv-, t, Friday, Novem EVENING SUN NA ...IFF. ) 3 . EP J o h n Hang Geor i Professa ‘ B ol.lz r R ,; 4 .br,t .7' and Profit s °tile N r 8. . o zatet The 1 fer e d_ , give the or i . : 34 I . 4 tage .. , terie, a The e o ft 14'rvvard od 2t °f sPor and 24, - 'S ~~