The Sun. — London, England, 1849-02-13 00:00:00

the Crown to grant an extension of the patent for four years on certain conditions, and postponed the final ad vising the Crown for a few days. THE LEGAL TITLE INSURANCE COMPANY. (Provisionally Registered, January 17, 1849.) Capital, 2,000,0001., in 80,000 Shares, of 25/. each. Preliminary Deposit, 2s. 6d. per Share Prospectuses and full information may be obtained at the Tempo rary Offices of the Company, 13a, Cannon•row, Westminster, on ap plication to O. F. HOWE, Hon. Sec., pro tern. THE AUTHOR OF " WHITEFRIARS." Now ready at all the Libraries, in 3 vols., THE NEW HISTORICAL ROMANCE, " OWES TUDOR." I , y the Author of " Whitefriars," "Caesar Borgia," &c. Henry Colburn, Publi , her, 13, Great Marlborough-street. Now ready. in Three Volumes, post Svo., with Portraits, CORHESPUNDENCE or SCHILLER wit!. KOJI'• ER. Comprising Sketches and Anecdotes of Gathe, the Schlegels, Wieland, and other Contemporaries. From the German. With Biographical Sketches and Notes, By LEONARD SIMPSON, Esq. Richard Bentley, New Burlington-street, (Publisher in Ordinary to her Majesty.) ROBERT HOUD IN. - ST. JAMES'S THEATRE. M ROBERT HOUDIN will have the honour to repeat his extra ordinary SOIRF.EsI F.l NTASTIQUES, at this I'heatre as tollows : THIS EVENING, Tuesday, February 13. To-AI nrrow 'lorning, Wednesday „ 14. Saturday Evening, .. „ 17. Evening Pertormauce at Half-past Eight ; Day Performance at Half-past Two. Boxes, 45.; 25.; Amphitheatre, Is. 6d. Boxes, Stalls, and Ti oke's for this extraordinary Entert dn,ent may be secured at Mitchell's Royal Library, 33, Old Bond-street ; and at tho Box-office of the Theatre, which Is open daily from Eleven till Five o'clock. THEATRE ROYAL, HAYMARAI...:I. Mr. B. Webster, Sele Lessee and Manager. Old Brompton. The public is respectfully informed that this Theatre has, during the recess, undergone very extensive repairs and alterations and the Whole re-decorated. THIS EVENING, Will be performed THE STRANGER. The Stranger, Mr. C. Kean; Mrs. Haller, Mrs. C. Kean. After which, TWICE KILLED. To conclude with an Arabian Nights' Entertainment, entitled CAMARALZAMAN AND BADOUR A.; or, The Pell who Loved the Prince. Characters by Messrs. Bland, Keeley, Mrs. Keeley, Miss Horton, and Miss Reyrolds. THEATRE ROYAL, ADELPUL 'under the direction o; Madame celesta During the Recess this Theatre has been entirely re-decorated, the original designs by Digby Wyatt, FAR , executed by Mr. Sang. A new Stage, Curtain, Act Drop, and Chandelier. An approved sys tem of Ventilation, &c., &c. The Private Boxes enlarged, Backs added to the Seats, and Stalls rendered mere comfortable. THIS EVENING Will be presented the celebrated Drama, entitled THE GREEN BUSLIES ; or, A Hundred Years Age. Murtogh, Mr. 0. Smith ; Dennis, Mr. Callenford ; Jack Gong, Mr. Paul Bedford ; Grinnidge, Mr. Wright ; Captain Dartois, Mr. Worrell ; Madame St. Aubert, Madame Celeste ; Geraldine, Miss E. Chaplin; Nelly O'Neil, Miss Weolgar. To conclude with THE ENCHANTED ISLE. Alonzo, Mr. Paul Bedford ; Prospero, Mr. 0. Smith ; Ariel, Miss E. Chaplin. ROYAL LYCEUM THEAT KB. Under the Management of Madame Vestris. Sole Lessee, Mr. Charles Ma'he7is. THIS EVENT N(,, Wlll be performed a new and original petite Comedy, entitled WHO SPEAKS FIRS - i ? After which, a new Fairy Extravaganza, entitled THE KING OF rim PEACOCKS. Characters by Messrs. Harley, John Reeve, Selby, H. Hall, Marshall, and H. Marshall ; Miss Kathleen Fitzwil 'lam, Miss L. Howard, Mrs. Macnamara, Miss Marshall, Miss L. Marshall, Miss Coleman, and Madame Vestris. To conclude with AN APPEAL TO "HE PUBLIC. Dress .01te >, be.; Upper Boxes, 4s. ; Pit, 2s ; Gallery, Is. No nalf-priee to any part of the house. The New Box-office, No. 2, Wallin:to. -street, 5e nrYett iv the public ,'very from Ten till Six. PRINCESS'S THEATI:.%, Mr. J. M. Maddox, Sole Lessee and % - anager. During the Recess this Theatre has been re•.dec.^rated and embel lished in a superb and costly manner by fit^ :furwitx. A new Chan delier has been fitted, and the best airm,.men:z have been rnade tor the due Ventilation of the Theatre, and the co.awrt and convenience of the audience. THIS EVENING, Will be performed a new Ballad Opera, entitled ROBIN' GOOD FELLOW. Characters by Messrs. Charles Braham, Weiss, Honey, C. Fl ,, her ; Mss Poole, Miss G. Smithson, alias ReaweAhy, Mrs. Weiss, and Miss E. Stanley. To conclude with a yew grand Pantomime, entitled BLUFF KING HAL ; or, Harlequin and the Charmed Arrow. Harlequin, Mr. Bologna; Pantaloon, Mr. Foul• ; Clown, Mr. Fleamore ; Sprite, Mr. De Barr ; Columbine, Miss Fawcett. ASTLErs ROY AL AMPIIITTIEATRE , Proprietor, Mr. W. Batty. Under the Patronage of her Majesty the Queen, his Royal Highness Prince A lbert, &c. Enormous success of the Holiday Novelties, the most astounding in the Metropolis.--A gor.;eous Spectacle.—Brilliant hcenes et the Arena.—A new comic Pantomime. hits EVENING, The curtain will rise at a Quarter to 4 even o'clock precisely to the magnificent Soectacle, by Filzball. entitled CORA SCO ; or, the Warriors Steed. To be followed by an inimitable disp!ay of SCENES IN THE CIRCLE, supported by the first Equestrian taLnt of the day. To conclude with a new Equestrian Pantomime, entitled BOLD ROBIN HOOD ; or, The Pretty White Horse and Enchanted Prin cess of Sherwood Forest. Boa-office open from Eleven till Five. 'twee Manager, Mr. W. West. TO CORRESPON 914:1\ No communication can be attended to unless authestt. cated by the name and address of the writer. H.; communications cannot h" returned. TaE WEATHER—SUN OFFICE, FEBRUARY 13. THERMOXETED, Lowest, 27; ilia-host, 41; Noon, 42 B.IIO3IETEIt. 30.59. Wilk7D W.N.W.; fine ecld weather. rf i.;14 WAT).:R AT LONDON' . - Tins DAY —3lornTnj, 39 min. after 5 1 Evening, 3G min. after 6 To-Monaow— 0 , 1,. ,13 min. after 6 Eventn 32 roln. after 6 FIV naf. . • Y i 5...,„!,:413.44) - d[ F. u jta ' 4 ibirnin.a. ;:7-I.t,u, LONDON, TUESDAY, FEBRUARY 13, 1849. Another of the most liberal and enlightened Sove reigns of Christendom has just been compelled to fly from the capital of his dominions, and to seek shelter in an obscure seaport, from the ingratitude of the very people upon whom he has squandered his bene factions. If Plus IX. has been driven by the insen sate passions of his children from Rome to Gaeta, 4oroLD 11. has been obliged to fly for his life from Ilorence to Piombino. And while these paternal Monarchs are expiating in banishment the crime of their benevolence, the tyrant of Naples remains upon his throne unmolested, the charlatan of Prussia con tinues in the plenitude of his royal authority, and the stripling upholder of Austrian Absolutism wields his sceptre ‘viii uurelebting power ever his enorinou. and ineougrivius Let rt tonts Those potenttaes, to employ the language o Holy Wiir, xre :via-, in their owl: 4 11 , 1 - ati Th y h etr, ny (IQtr . ,in.; 11;.1:se, an,i by acting a g :o Inc ru!;)le,s prix ut despotical, they con bitter preserve to then selves the pumps and riches of .heir dignity. They see that the very men who summon their people to the eljoyment of the blessings ut treedom are those who are repaid for their ge. erosity by being hurled down from their temporary elevatiou by the ignorant and fanatical races they have emancipated. In all this there is bitter reason for the friends of liberty to wee p over the destinies of Italy, over those destinies which dawned so gloriously immediately upon the accession of JOHN MASTAI FERRETTI to the chair of the Sovereign Pontificate, but whi c h h as since been overclouded by the ultra-democratic madness which h , s seized upon the unfortunate Italians themselves. The crime which has conduced to the downfal of the Grand Duke of TUSCANY is the crime of his liberal enlightenment. L i ke the POPE, h e h a d voluntarily bestowed a Free Constitution on the multitude. Recently he had gone even further; he had signed with his own hand the decree, ordaining that thirty-'seven Tuscan deputies should participate in the deliberations of the Constituent Assembly. The beneficence of his policy has, however, only elicited the ingratitude of the population. An insur rectionary movement in the capital has compelled him to escape furtively from Florence—to hasten from Sienna, where three of his faithful ad herents were massacred under his very windows, and to take refuge in Piombino, whence it is conjectured that he may have subsequently proceeded to Porto Ferrago, in that island of PHA which is celebrated as the place of the Great Emperor's first captivity. In the case of Pros IX. the popular out break is more comprehensible than in that of LEOPOLD 11. 'The accusation levelled against the Pormtrr, the cause of the assassination of his Prime Minister, the reason for the sudden oblivion of the glorious acts Which bad one . ,by one: emanated from the heart, and been achieved by the hand of Pio Noma, was the fact that the Powrirr refused to declare war against Austria. In consequence of that refusal the ational Guard turned those arms, which he him self had given them, against his palace, and the Nat i ona l Assembly, which he him se lf had called into existence continued their Sittings w ith the most dastardly apathy, while a fo u l murder was being Ferp,trated upon hie very threshild. Not withstanding this, not withstanding the Husalinahs sung to th e p oig nard which had slain Count Rossi, there %vas a plain and appreaiahle reason for the out break of the noonlace. Th e Pora had re- i: i to doelare ra” the fault of that rt-fuzai lay trot with Pius IX., but on the coutrary redounde...i infinitely to his glory as one who believeshialsell to be a priest of the GOD of THE SUN, LONDON, TUESDAY EVENING, FEBRUARY 13, 1849." Peace—the Romans, in the delirium of their patriotic ardour, did not charge the fault of the refusal upon the incongruity of his duties us an ecclesiastical Monarch, as a Pope and as a Prince, but raised their infuriated and undiscerning hands against the noblest of their benefactors. The fault of the Romans, moreover, was not their deter mination at all costs to join the patriotic war against the alien oppressors of their country—that determi nation being honourable to them as freemen and as lovers of their fatherland—but it was in those frightful excesses into which they were hurried by a blind and indiscriminating fury. It was in such extravagances of atrocity as prompted them to chaunt a derisive De profundis under the windows of the Weeping relatives of Rossi, and to deposit the df,g , zer which had penetrated his heart in a golden box placed between two lighted wax candles. " The heart of LIARAT," says CHATEAUBRIAND, " was placed in a precious pyx, in a rich repository ; a cenotaph of gauze was erected on the Place du Carrousel, where the public went to visit the bust, the bath, the lamp, and writing-desk of the divinity : the wind, however, changed; the filth poured from the agate urn into another vase, was emptied into the common sewer." So may the wind change now, if the Roman multitude will but listen to their better con sciences. GIOBBETI has already declared that he will not allow the Sardinians to participate in the farce of the Constituent Assembly; and he is even now em ploying his influence for the pacific reconciliation of Pope Pius IX. and the Roman populace. With LEOPOLD 11. it is different. He has done nothing which can be construed into a dereliction of his own duties as a constitutional sovereign. The solitary accusation that can be levelled against him is that he has granted not only everything that prudence dictated to him as just, but everything that his people demanded from bim under the eiloneous impression that it would be beneficial. He has now yielded his signature to the decree sending thirty-seven Tuscan deputies to the Constituent Assembly, and the very circumstance of his having conceded this among so many other things to his people, has induced them to rise against him with cries of " Death to LEOPOLD !" " Viva! Pio Nono !" " Viva! Leopoldo Secundo!" were the cries which resounded for sixteen months in Rome and in Florence ; and now Pius IX. is lament ing the ingratitude of the Romans at Gaeta, and LEOPOLD 11. that of the Florentines at Pionabino. Until the Italians know better how to discriminate between their foes and their benefactors they may dream, and only dream, of their nationality. They must expiate their criminal blunders before they can expect good fortune to descend upon their patriotism. They must place more reliance upon the sincerity of those statesmen who have risked everything to effect their emancipation. They must not mistake a cowardly attack upon a building containing only a few old men and a handful of Swiss servants armed with halberts for an act of popular heroism. They must not look upon a Mur derer as their national Saviour. They must discri minate between the wise recommendations of an Administrator and the insane excitations of a Dema gogue. They must listen rather to the voice of Git,Bvan than to that of STuRaiNETTI, to the ad vive of Lk., roup rather than to the frivolous declama tions or CICEROACCHIO. Then they may hope to realise the z agnificent vi-ions of ithaziNt, to satisfy the honest expectations of PEPE, and to accomplish that great work which was commenced under the venerable auspices of Pio NoNo. The directors of the London and North-Western Railway Company have issued their account for the six months ending the 31st December last, prepara tory to the general half yearly meeting which is to be held on Friday next, the 16th instant. It is a full and satisfactory document, affording the most valu able information as to the position and prospects of the company. It will be peculiarly acceptable on the present occasion, inasmuch as the calculations and estimates put forward by the directors in the latter end of October last may be closely tested, and their accuracy subjected to the strictest ordeal. These calculations have hitherto been proved to be correct in every particular. The results have proved in some degree more favourable than had been anticipated, the directors hav ing " endeavoured to avoid giving an undue colouring to the prospects of the company." This was a wise precaution. When so many interested persons were desirous of deteriorating the property of the shareholders, and of keeping up the railway panic that had been excited, any variation from the estimates would be eagerly seized on, and unceasingly harped on. Many futile attempts were made to im peach the estimates contained in the important state 'pent to which we have alluded. The "Bears" of the Stock-Exchange and their unprincipled abettors found their occupation gone. By an organized system of enormous lying they had suc ceeded in reducing the value of every description of railway property. Even the shares of the London and North-Western Company were quoted at a discount but a few days before the publication of the authorized statement. A great change, however, immediately followed its appear ance : the complete and satisfactory refutation of " the erroneous statements and calculations" that had been put forward cast discredit upon the other assertions and insinuations of the alarmists. An immediate improvement took place, and, within a week or ten days, prices of railway stock generally had risen to the extent of 12 or 15 per cent. Since that period there has been a steady progressive im provement, and, by a reference to the present quotations, it will be found that the increase has, lin many instances, amounted to from 30 to 40 per cent. on the prices of the 23d of October last. g-tth-«'r,,tern shares, which on that day were sold , 991., wet e yesterday in demand at 137/. to 138/., an i ar,, gr,s , ly inistaks , n it the publication of the r-s,ar hii;anee-sheet will not be productive of very haieficial results. The most interesting point to the shareholders will necess..rily be the amount of dividend which they are to receive on their capital stock. In the former statement, the directors made their calculation of the gross revenue that would be required to pay 7 per cent. per annum ; that was the probable amount of dividend which they encouraged the shareholders ,to hope for when the main line and branches were fully opened, and all the capital of the company had been rendered productive. That expectation has been more than fulfilled—a dividend of 31 per cent. will be declared on Friday next for the half , year ending the 31st Decemher last, and after payment thereof there will remain to the credit of the company a disposable balance to be carried to the next account of 71,398/. Os, 2d. It will thus appear that 34 per cent. might have been paid out of the profits had the direc tors considered it desirable, and a large balance still have been retained. It is, however, always better to in crease than to diminish the dividends ; and we shall confidently anticipate that such a❑ increase will speedily take place. After the great fact of the exact amount of the dividend has been ascertained—a question that comes home to every shareholder—th e next points to be considered relate to the clear profits of the company. Hive the gross receipts of the company increased or fallen off? Have the working expenses been kept within due limits ? The answers to these interro- gatories will prove no less satisfactory. It will be found that there has been an improvement of the gross revenue, while there has been a diminution of the working expenses. Thus we find, that the gross revenue for the year ending 31st June, 1848, amounted to 2,194,0931., or, on an average, 42,1941. per week, while the gross revenue for the six months, ending 31st December, amounted to 1,154,0194 1 ls. 7d., or, on an average, 44,3851. 7s. 4jd. per week—an improvement of 2,1911. 7s. 44d:per week. This goes a considerable way towards the increase of 6,424/. a week that will be required when all the lines now in progress of construction are opened for traffic, and made fully convertible. AKain, the working expenses have been esti mated at krty4 per cent, on the gross receipts. Now those charges during the present half-year amounted to 382,141/, 3s. 7d., little more than 31 per cent. on the total revenue 4 1,154,019/. lls. 7d.; and adfl the parish rated and, taxes, !rnioun.ing to 3071 , . 123. 4d., rtnd the duty on passenger trrlfic, 26 125/.1, 10d., we shall find that the total amount, 438,5691. 17s. 9d., does not quite amount to 38 per cent. on the gross r evenue . H ere, then, is au im- ! portant saving of 2 per cent. on the receipts, amount ing for the past half-year to no less than 22,5801. on the estimates. The other parts of the account are equally satisfactory. It appears that the calls io course of payment amount to 371,202/., and the calls still to be made to 5,124,3971., which, with the sum of 15,822,1481., already paid up, will give a total capital of 21,317,7471. The amount of debentures is sued under the seal of the company, which in the last account, to the 30th June, stood at 9,186,671/.155. 1011 had been increased to 9,626,2671. 19s. 3d., of which there had been applied in payment of calls upon shares in, and raised specially for, the use of subsidiary lines connected with the company, and re presented by the capital of the respective under takings, 3,559,2621., leaving a balance of 6,067,006/. appertaining to capital expended on the main line and branches. We congratulate the shareholders most heartily on these very satisfactory accounts, which must have very beneficial influences, so far as the market value of their property is concerned. the Government to call on the Prussian Government to explain its reasons for continuing the sts.te of siege of Berlin, which, it was said, the Assembly sees with regret. well to imitate instead of brawling aloud to mobs in the city of London. Instead of Mr. Healey de:erving the abuse which was heaped upon him, he deserve d well of his country, it he had, as he firmly believed was the case, removed the mask from the face of a man in power —a Member of Parliament, a coroner, and an editor of a puhlic journal. After alluding to the admissions which bad been made on the other side, he said if they came to the conclusion that there was not a desire on the part of the plaintiff to implicate, and inculpate some of the parties at the bar.. racks, their judgment might be warped with prejudice, and they must entertain views entirely opposite to those held by the majority of parsons. The deceased was a private in the 7th Hussars, and bore the character of a confirmed drunkard. Upon the Ist of June, 1846, he was in u reow with a sergeant and several other soldiers, and he took up a poker arid struck the sergeant a violent blow in the chest, and, but fur the interposition of parties present, he would no doubt have murdered him on the spot. The sergeant was on duty at the time, and could it be expected that an event of this kind would be passed over ? A court-martial was consti tuted, and on hearing the charge, it directed that the prisoner should receive 150 lashes; and though it was painful to carry out that sentence, it was abso lutely required that the act which made it necessary should be put into operation. On the 15th of June he was flogged, and after it, being a man of spirit, he went briskly into his room, whistling on his way. The healing progress continued to go on rapidly until the 4th of July, when his back was quite well, and it was reported he would be fit for duty in the course of a few days. The weather was then extremely hot, being 88 degrees in the shade, and though relaxed very much from his confinement, he insisted, despite of all remonstrances, to wash out a damp cell. He was en gaged in that operation about three-quarters of an hour, and next day complained of a pain in his side. The pain extended to his head and left shoulder, and other symptoms of an impeded circulation made their appear ance. Bleeding and other remedies were adopted, but he did not recover, and upon a post-mortem examination by Drs. Hall, Warren, and Iteid being made, they ex pressed an opinion that his death was in no wise con nected with the corporal punishment which he had received but arose from inflammation of the heart and pleura.' Notwithstanding, however, the very regular manner in which proceedings had been taken by the military au thorities, Mr. Wakley, instead of holding the scales of justice as even as possible, stated to the jury that which he knew was not true, in order to poison their minds and enlist their prejudices. But Mr. Wakley loved the sweet voices of the people; he could act live without their ep plause, and in order to obtain it he hunted out alleged grievances and abuses of this nature. He knew enough of human nature, however, to be aware that ambitious men despised every obstacle to the attainment of any object they might have in view'. They stooped at nothing, worthy or ut.worhy, and whether their am bition was that of the di. magegue who sought to engulph his country in ruin in order to instal himselt in authority, or was that of a less aspiring nature, no im• pediment was too great to surmount, and no circum stances coo extraordinary to be taken advantage ot. But Mr. Wakley 's patriotism was of the modern echool, and he did not appear to have studied the examples of the ancients on this subject. The Court adjourned for ten minutes on the applica tion of the Learned Sergeant. The address for the defence will probably occupy the whole tiny. COMMON PLEAS.-(THIS DAY.) (Sittings at Nisi Prius in Guildhall, before the LORD CHIEF JUSTICE.) The London Nisi Prins Sittings, after term, com menced this morning at Guildhall, before the Lord Chief Justice. The cause list contains the names of 93 cases, of which 48 are special juries, 51 remandants, and 42 new causes. (Sittings in Banco, before Justices COLTMAN, MAULS, CRESSWELL, and V% ILLIABIS.) MONEYPENNY •. DEARING. This was a question as to the construction of a will. The case was argued before the Court of Exchequer about two years ago, and thence carried before Vice- Chancellor Wigram, who, ❑ot being satisfied with the decision by the Court of Exchequer, directed an issue to this court. The testator, Mr. James Moneypenny, of Msython-hall, in the county of Kent, made his will in 1804, whereby he devised his real estate, which was of considerty,le value, and of the tenure of gavelkind, in a certain order of succession, and under certain limita tions, one of which was a limitation " to Philip Money penny and his issue." How these words were to be construed formed the subject of controversy between the parties._ Mr. llonsoN, who appeared for the eldest son of the second brother of the testator, and was heard on the preceding day, contended that by the limitation "to Philip Moneypenny and his issue," Philip Moneypenny took an estate or life, and his first and other sous suc cessively in tail male. Mr. MALINS, on behalf of one of the defendants, this morning contended that the limitation " to Philip Moneypenny this issue" created an estate tail. In sup port of this position he cited the case of " Dor v. Featherstone" (1 Barnewall and Alderson), where the property was devised to the parents for life, with re mainder to the heirs of the body of the wife by the husband, to be equally divided among them, share and share alike. There it was held that the intention of the testator being that the husband and wife and all the issue should take; that intention could only be effectuated by giving thew an estate tail, and accordingly an immediate estate tail was givi-n. the eas, of stone e. Frathet st n" (3 Ultike and Finelly, 67), which eas a writ of error trom the hi; g's Bench in Ireland, there was a devise in these words, " I give and devise to my kinsman, William Featherstone, and his heirs male, according to their seniority of age, and their respee , tively attaining the age of 21 years, all my real and per sonal estate ri , )t hereinbefore disposed of, the elder sur viving son of the said Wre. Featherstone and the heirs mule of his budy lawfully b gotien always to be preferred to the second el. younger sons." In that case the question was what estate William Featherstone would have taken if he had survived the testator, for he died in the life time of the testator, leaving the appellant, his son, him sur viving? If it was an estate tail, there was a lapse, and the appellant took nothing; therefore that was a case which particularly called fur the merciful interpretation of the Court; for if it was an estate tail, in consequence of the rule of, law that an estate tail failed, by lapse, in consequence of the first taker dying in the life time of the testator, the intention of the testator was frustrated, and the property went over, to the disappointment of the objects of the testator's bounty. Then, if the words " to William Featherstone and his heirs male" created an estate tail, upon the same principle he (Mr. Malins) contended that the words " to Philip Moneypenny and his issue," created an estate tail. The decision of the House of Lords, confirming the decision of the Court of Queen's Bench in Ireland, was delivered by the late Mr. Justice Tindal, who said that William Featherstone would have taken an estate tail if he had survived the testator, and the consequence was that as he died in his life time there was a failure of the devise, and the appellant took no interest whatever. Their Lordships would observe that that deciwon pro. ceeded entirely on the ground that the testator had some notion of modifying the course in which the parties were to take, and the qualification which the successive takers were to have, yet it corresponded on the whole with a clear devolution of an estate tail. In this case, whatever the intention of the testator might have been, if Philip Moneypenny took an estate tail, it would go to his eldest son, and from the grandson to all the heirs male of his body, so by the giving Philip Moneypenny an estate tail in genet al, the devise effectuated the complete inten tion of the testator. It was impossible by any construc tion to effectuate the whole intention of the testator. The argument was proceeding when we went to Press, SHERIFFS' COURT.-(THIS DAY. ANDREW V. KING. This was a writ or inquiry to assess damages in an action for libel, the defendant having allowed judgment to go by default. . _ Mr. cVARREN appeared for the plaintiff, who he stated to be a gentleman of station and who had retired from the East India Company, as an army surgeon. The de fendant was a literary gentleman and a physician, and ale() secretary to the Statistical and Ethnological Societies. The two libels were contained in two letters written on the 20th October last, by the defendant, to General Briggs and General White, in terms distinctly charging the plaintiff with being "a swindler," and stating that " he had swindled the defendant to a large amount." On receiving these letters the plaintiff commissioned a friend, Mr. Langbourne, of the firm of lienkin, Vickermann, Langb urne, and Co , the solicitors to apply to the defendant, kr an explenati, a of his extraordinary conduct. Four letters were written by Mr. Langbourne in very temperate terms asking for proof of the charge which the defendant had made against the plaintiff; but the defendant took no notice of the letters, and this action was commenced. The de feruiant did not appear in Court on the inquisition. The Learned Counsel fur the plaintiff, who was attended into Court by various distinguished military and other friends of the plaintiff, read the cor respondence above adverted to, and highly com mended the plaintiff for the moral courage lie had shown in not violating the laws of God and man by calling his traducer to " the stern and bloody ordeal" to which gentlemen are tno apt to appeal on such occa sions. lie had preferred trusting his character and honour to an impartial jury of his fellow countrymen, and concluded by calling on the jury to give, not such small damages as would serve only to barb the arrow of calumny, and afford matter of exultation to the plaintiff's traducer, but such damages as would show that trial by jury was a real protection to gentlemen. Toe UNDER SHERIFF briefly summed up, stating that he concurred in the observations of the Learned Counsel, that this was a very serious case, from the deliberate nature of the oflence by the defendant, and the station in society occupied by both parties. Such outrages certainly ought not to be committed with impunity. The jury retired, and after some ab,ence, returned with a verdict—Damages, 500/. The Learned Counsel had offered in his address to accept ;an apology and withdraw; but it: appeared as above-stated; that the defendant had instructed no one to represent him in court. THE ROBBERY AT THE ST. PANCRAS VESTRY.— This morning several skeleton keys were found in the garden in front of the gutta percha depot, two doors from the vestry room. It %%ill he recoil, cud a number of skeleton keys were found in this locality immediately after the discovery of the robbery. OBSTRUCTING MEMBERS IN THEIR PROGRESS TO THE HOUSE.—Yesterday, in consequence of several of the Pe.rs having been stopped in their passage to the House by brewers' drays and hackney carriages congre gated in the streets leading thereto, the Usher of the Black Rod, by order of the ll o u se , ma d e a communica tion to the Commissioners of Police, riluestiug them to poyclat all such cbstigeikohs. MONEY and COMMERCIAL NEWt. CI IY. QUARTER TO THREE. There was an active dem:ins:Hot- Cotton at Liverpool yesterday, and the market closed with spirit. Prices of all kinds are extreme, and there was a heavy run on Brazil. Inmuditt, 3,000 i...merican and 500 Pernam, taken by speculators, the sales were 12,000 bales, and comprised 8,000 American (of which 500 were saw ginned) at 31d. to 6d.; 2,000 Pernam and Maranham at 4id. to 50.; 500 Bahia at 5d.; 500 Egyptian at sid. to 6id.; 500 Surat at 3d. to 4d.; and 200 Sea Island at Bd. to Is. 2d. per lb. Railway Shares were dull and prices lower owing to the settlement. Accounts from Belgium state that there had been in creased exertions made recently to export grain from that country to England, and that French produce also came in transits( for the same purpose. At Harlebeke, the country people manifested great dissatisfaction when a considerable quantity was carted off for shipment, but their opposition was overcome. It is stated in letters from Vienna that the great banking houses of Sina, Rothschild, and Stieglitz, had united to take the Austrian loan of 50,000,000 florins. The debate on the Navigation-laws is expected to be the engrossing subject in Parliament this week, and there is a strong feeling in the City that the matter should be got out of hand as speedily as possible, for the sake of the shipowners themselves as well as of the public and the mercantile com munity. ; Free trade is incomplete without the boon of greater freedom for the navigation of every sea which English vessels plough, and out East India possessions more particularly are pining fur the development of their immense, and as yet but nail-tried. resources. As the Mercantile Journal aptly states:— " We need hardly say that colonies, which are no longer adapted to colonisatien, instead of being sources of strength, are elements of weakness, and, therefore, for our own sakes as well as theirs. it would be wise to leave them to themselves, when the work of colonise • tion has reached a certain point. They can gain nothing by being mixed up with our foreign, politics, and we lose a great deal by involving them in our quarrels. But. calve qui coute, says Mr. Young, we ln.f maintain our ab-olute Laval superiority, go on iher, :slna our maritime force as France and America increase theirs. Pari ratione, France and America should respond by a still further increase, and we, again, by a further in crease, and so on, ad infinitum. We wonder that even Mr. Young did not see the absurdity of such a proposition. The game of retaliatory and restrictive duties would soon cease, like all over-strained exertion, by the actual exhaustion of the parties engaged. The excitement in the English Stock Market continues very gi eat, and there is the utmost confidence manifested in the maintenance of the current quotations, and of their enhancement yet by 1 or 2 per cent. The adjustment of the Consul account having been effected, everything is again in the ascendant, and the rise since }este' day moreing exceeds 1 per cent. While money can be bor rowed on stock at 1 to 2 per cent., with a margin of only 2 per cent. below the present rates, and while the quotations continue to rise so steadily at Paris and else where, we cannot expect that there should be much inclination to speculate for a fall in prices, however, prudence may deter many from operating for a rise. Consuls have been 931 to 944 for Transfer, .and 94 to 941 for March. Bank Stuck nas been done as high as 197. Exchequer Bills have been rather lower, owing to sales made, and probably with a view to the investment of the proceeds in Consols. The Foreign Securities have been more buoyant in sympathy with the English Funds. Spanish Five per Cents, are 18 to and the Three per Cents. 30 to I. Portuguese Four per Cents. have been marked 254, and Brazilian Bonds 80i to 82. Mexican Stock has been 25 to 25k. Russian Bonds have realised 1091. Dutch Two-and-a-Halt per Cents. have been 501. Railway Shares hare been looking up, and Midland, rth-Western, Great Northern and the York lines are higher. The French shares are still advancing. Great Western are steady. 13R111SH 06 TB lei DAY AT ONE O'CLOCK. (From the Official List.) Bank Stock 196% 197 195 i per Cent. Reduced 94 94% 8 per Cent. Consols Anns.. ..... 933 , 8 94% 93%% New 3% per Cent. Aims. 95% 95 95% 95 Long Annuities, Exp. Jan. sth, 1860 94, 1-16 Do. 30 Years, Expire Jan. 5, 1860.. 8 3 / 4 13-16 India Stock Do. Bonds, 1000/ 52 50 p Ditto under 1.000/ South Sea Stock 102 3 per Cent. Annuities, 1751 uonsols for Account o:xchequer Bills. 2 1 Ad. 2d. March. June. I,OOW. 500/. Small 43 46 p PRICE OF FOREIGN FUNDS AT ONE O'CLOCK. Brazilian Bonds, 5 per Cent Ditto for the Account ... 82 Cuba, 6 per Cent B4 Equador Bonds Mexican Bont4s, 1846, 5 per Cent 254 25 Ditto for the Account 25 ' B l / i ; Peruvian Bonds, 6 per Cent 49 Portuguese Bonds, 5 per Cent Ditto 4 per Cent. Russian Bonds. 1822,5 per Cent 109% Spanish Bonds, 5 per Cent,lB4o llitV e 18 Ditto Passive Bonds Spanish Bonds, 3 per Cent 30% 30 Dividends on the above payable in London. French Rentes, 3 per Cent 49f. 25c. Exchange ..... . 1 r iff Colt., 12. build 5OO 791/4'.ti 4 r, .) Yaiv. Yrs. ,tiiiATifc. !.irtninghatn & Oxford J unct., calls duly pd, or with guar. 20 ''aledonian Ditto, Quarter Shares 1 1 14.— 5 ...... to hester and lioiyhead 5O ..... 22 1 4..... to a,3t Anglia, 251. L. & E., ;No U. & 1) imto. 18/., E. Sr U lB ... 2 1 / 2 to E intern Counties .... - Do., do N 0.2,6/. 13s. 4d... 'A. p to % p ,astern Union, Clans A (late E. U. Shares) ........... 25 ..... Ditto Scrip (gua. 6 per ct.) 20 ...... 18% ... to tast Lancashire Do., 6 per. Cent. Preference Quarter Shares 6 14 714 to r,ast Lincolnshire ... 25 Edinburgh and Glasgow Great Northern D0.', 2 A Deferred ..... ... 12 1 ,i Do. IA B 6 per Cent. Guar. 6i/ ireat Western 100 lOO ... to Ditto, Quarter Shares Do. New 171 . Lancashire and Yorkshire Ditto fief Shares Ditto Quarters Ditto Fifths Do., Preston and Wyre ... 25 Do., do., Half Shares (A) 914 143 London Blackwall ......131. 6s. 8d.... / 5 Lond., Bright., & South Coast 50 ..... 35% Do., New, guar. 6 per cent. 5 ...... 6 to London & North Western...loU ......188 =39 D 7. New Do. Fifths - - J/ 4 . IA to 9 Do. 10/.... M. and B. (C.) 1 - to '.ondon and S. Western...—. 50 .. Ditto. Thirds l5 ...... .. to Kanch , Buxton, & Matlock 4 1 / 2 2 A idland lOO ...... 91 93 ... to 92 Ditto. 501. Shares..... ...... 25 Midland, Consol. Bristol and Birmingham, 6 per cent.... 100 124 ...... to North British •• ... Ditto Vali Shares— ..... 12 1 / 2 7% Cu Do. Quarters VA...... 3 5 4 4 -,o North Staffordshire... .. ...... 15 Scottish Midland .. ....... .... 25 . 14 ...... to 13 1 /i Shrewsbury and Birmingkam 10 Ditto. ditto. Class B. 6 Ditto, New Guaranteed 8 Shrewsbury and Chester (Nor. 14. Ain.) Ditto 8 per Cent. Pref....... 10 Shropshire Union... South Devon . Ditto, Preference South Eastern Ditto, Registered No. 4.... 10 Ditto: Scrip No. 4.. Wear Valley 6 per Cent. Guaranteed ..... 50 ...... Do. do. do. VVilts,Somerset,&Weymouth 40 ...... to 1 ork, Newcastle, arid Berwick 25 to Do. Original New & Berick 25 ...... '.!B3a to Do. Exten. No.l (Y. & N.) 20 Do. do. No. 2, New &B. 20 ... 21 5 / R , 4 9i 2 8 to Do. G. N. E. Par. or Pref. 8 9 1 /, to York and North Midland .. 50 ...... .56 FOREIGN RAILWAYS Boulogne and Amiens 2O .. 9 5 , 8 1A 3 / 4 t Central of France (Orleans and Vierzon) (Mem; and Bordeaux 7 ....• 8 1 4 1 / 2 ... to Paris & Strasbour 9 2 3 / 4 ...... to tieuen and Havre ...... '4,tl 10y 8 ll -,anture and Ahluse fours & Nantes ... .. 9 - MINES. Barrossa Range Mining Corn. 285....... 1 / 4 pm .. to United Mexican JOINT STOCK laANKS. London Joint Stock ..... 10 Advices from Vienna mention that pending the contract for the loan it was expected an issue of Trea sury notes would be resorted to to the extent of 25,000,000 florins (2.500,0001.), bearing 3 per cent. in terest, and in ♦arious arro.unts down to 5 florins. The loan itself, it is said, will be partly in 5 per cent, and partly in 2i per cent. stock, to suit both the home and foreign markets. It was still believed that a St. Peters burgh house will be amongst tha largest takers, and also that considerable sums will be taken by the barkers at Vienna, Frankfort, &c. The funds were steady at 84g. Exchange on London had again become more unfavour able, having rises to 11 20, and an advance had also oc curred is the premium on gold, which was now 17. Speculative contracts for wool of the next clip continued to be largely made at improving prices. MARRIAGE IN HIGH LlYE.—Commodore Henry Eden, R.N. superintendent of her Majesty's dockyard, Woolwich, and formerly private secretary to the late Earl of Auckland, was married on the Bth instant, at Armagh Cathedral, to Elizabeth Harriet Georgiana Berestord, daughter of the late Lord George Berestord, niece of the Lord Primate of Ireland, and cousin of the Marquis of Waterford. The bride, who was attend( d by Miss G. H. and Miss M. E. Beresford, as bridesmaids, was given away by the Marquis of Waterford. Afier the ceremony the bridal party were entertained by his Grace the Archbishop at a splendid dejeuner at the pa lace, Armagh, to which a large number of the gentry of the neighbourhood had the honour of being invited. The attachment of the gallant commodore to the lady to whom ha is now united, has been of ten years' standing. LLOYD'S SHIPPING.-(THIS DA Y.: LONDON, FEB. 13.—Wind S.W., light brat ze, fillet and trusty. PLYMOUTH, FEB. 1 I.—A ship's longboat, marked on the outside " Hannah Grayson, of Wokington," was picked up off Lundy Island, 9th inst., by the Briton ar riv. d her,. Std. 12, Margaret, B rmuda. ROTHESAY, ISLE OF IfUTE: FEB. 10 —A large brig, outward bound, got on shore this day on Foreland Point, and is filling with water; crew saved. HULL, FEB. 11.—The Perseverance smack, of Scar borough, Foreman, in entering the. Humber, 9th inst., struck on a wreck on the Hale, filled, and sunk; crew saved. OFF PORTLAND, FES. 9.—Oscifia, Smith, New York, for Amsterdam. OFF RA2eB HEAD.—Thetis, Batavia, abort of provi sions, bound up channel. BEAIIMARIS, FEB. 12.—Wind W. Arrd. Kathleen, Blompied, New Calabar. , PAnsTow, FEB. 11.—Wind N.—Arrd. Chieftain, Green, Callao. MUNBLES, FEB. 9.—Sld. Burtel, New Orleans. LIVERPOOL, 12.—Wind S.—Arrd. 11th, Agnes lhes, Rio Grande. Sld. Spray, Pernambuco ; 12th, Emigrant, Sydney, New South Wales; Crown, Hong-Kong; Queen, Calcutta; John Matthei, ditto; Jenny Wren, ditto; Benjamin Boyd, Africa; Eliza, Riu Grande; Duke of York, Rio Janeiro; Renown, Bahia; Urgent, ditto; Tinamara, Ceara; Xeregsns, P o rt,au Prince; .Cailo Mauran, New Orleans; Calcutta, ditto; Rowland, ditto; A , loslern, ditto; Ashland, ditto; Lord Seaton, ditto; Monmouth, ditto. OfF port, Index. The schooner wrecked on Taylor's Bank 11th inst., i. under sto,cl to be the Mary, Smith, of and for Workington, from this port. The Standard barque, f or Belfast, was in contact with the James Corner, for Baltimore (al anchor in Boothe Bay), and has lost mizen-mast. EXMOUTH, FEB. 10.—Arrd. Cape Breton, Rio Grande. OFF THE WIGHT, FEB. 12.—Gladiator, New :York. MARKET NEWS.-(THIS DAY.) SUGAR.—The market for Uritali Plantation:continues firm, and the sales are 700 hhds at previous rates. The public sales have comprised 4,341 bags . M aur i t i us, and 1,342 bags Manilla; the Mauritius mostly sold w i th spirit at rather higher prices for strong new; mid to tine y e ilovi brought 37s to 40s, and brown of similar descrir tion, 33s 6d to 35s 6d. Tho Bengal nearly all found bu3ers at full rates, viz., 40s to 42s 6d tot mid to good white Benares; 37s to 38s 6d for low white; 415 6d to 42s for grainy white Dacca and Dhobah ; and 37s 6d to 38s 6d for yellow. The Manilla was all withdrawn at 32s for low brown, duty paid. 500 chests white Havannah sold privately at the extreme price of 335. The stock of British Plantation in the port of London on the Ist inst. was 24,024 hhds 4,731 times, against 20,451 hhds 2,600 t i erces at this time last year. The stock of Mauritius is considerably larger; also Bengal and Madras. COFFEE.—The market continues very firm. Priva , ely 1,00 0 bags, good ord Native Ceylon realised 355. The stock of British Plantation in the port of London on the Ist instant , was 2,331 casks, 2,876 barrels and bags, against 2,180 cask* 2.877 barrels and bags at this tidle last year. The stock of Ceylon is larger, but that of East India and foreign sorts de' creased. RuM.—Tlle stock in the port of London on the Ist instant was 28,020 puns 6,568 hhds, against 17,570 puns 4,398 bbd to the corresponding period of 1847. RIOE.-4.900 bags Arracan at auction, nearly all sold At 8s for mid to good white, being rather easier prices. SALTPETRE.-1,400 bags Bengal at auction sold steadily , from 25s 6d to 26s 6d for 14i to 6i per cent. refraction. TALLOW.—P.Y.C. is 40s 9d to 41s per cwt. on the spot, an i Town 435. TEA.—The market has been very firm, and the deliveries are large. EMT MARKETS. SMITHFIELD.—Meadow Hay, 21 10st/7:31 12a ; Clover ditto, 3/ lUs to 4/ 13,; and Straw, 113 s to 11 93_ per load. SupPli rather limited, and trade firm. CvmuEßLAND.—Meadow Hay, 21 13s to Si 14s; Clover ditto. 3/ lOs to 4l 10s; and Straw, 11 4s to 11 lOs per load. A moderate supply and a steady demand, at full prices. WIIITECHAPEL. —Meadow Hay, 21 12s to 31135; Clover ditto, 3/ los to 41 l?s; and Straw, 11 3s to 11 9s per load. Both Hay and Straw moved off freely, at oar quotations. SPORTIN G IN TELLIGENCE. TATTERSALL'S.—YESTERD A Y. LIVERPOOL STEEPLECHASE. 8 to 1 agst Mr. Brettle's The Curate —taken 12 to 1 agst Mr. T. Mason's Prince George—taken 20 to 1 ag,t Mr. Coghlan na Edward the First—at° to 751. 20 to 1 agst Mr. J. Bateman's Napoleon—taken 20 to 1 agst Lord Chesterfield's The Victim 20 to 1 agst Captain Little's Chandler 25 to 1 agst Mr. Buchanan's Alfred—taken • NORTHAMPTONSHIRE STAKES. 15 to 1 agat Mr. Bouverie's War Eagle 15 to 1 agst Lord Clifden's Footstool 15 to 1 agst Mr. Harrison's Pyrrhus the First 25 to 1 agst Lord Bateman's Goodwood—taken METROPOLITAN HANDICAP. 8 to 1 agst Lord Eglinton's Lugar—taken freely 10 to 1 agst Lord Stanley's Canezou 14 to 1 agst Mr. Gregory's Loupgarou 15 to 1 agst Mr. B. Green's Flatcatcher—taken 16 to 1 agat Colonel Peel's Dacia—taken 17 to 1 agst Mr. S. L. Fox's Executor 20 to 1 agst Colonel Anson's Backbiter—taken 20 to 1 apt Mr. Gratwicke's Do-the-Boys—taken 20 to 1 agst Mr. J. Clarke's Maid of Lyme—taken Lugar was backed for all that could be got on at 10r 9, and 8 to 1, and in one bet at 1,000 to 140. No others were in force. TWO THOUSAND GUINEAS STAKES. 5 to 1 Mr. F Coirk'A Ms. siiloer 5 to 1 apt Lord Stanley's Uriel—tAen .5 to 1 agst Lord Clitden's Honeycomb—taken 5 to 1 agst Mr. A. Nichol's Nunnykirk—taken CHESTER CUP. 20 to 1 agst Mr. J. 13. Day's The Tartar—taken 20 zo 1 agst Mr. F. Clarke's Joe o'Sot 40 to 1 agst Lord Howth's Pee, -o'-Day Boy 40 to 1 agst Lord Chesterfield's Lady Wildair—tk il 50 to 1 agst Duke of Richmond's halo—taken 50 to 1 agst Mr. M. Blake's Ballmafad—taken 3,000 to 60 agst Mr. Adams's Ellerdie—taken 3,000 to 60 agst Lord Eglinton's Lugar—taken 1,000 to 20 agst Colonel Peel's lodine—taken 50 to 1 agst Mr. Gregory's Clermont 50 to 1 agst Mr. Maughan's hathtnines 2,000 so 30 agst Lord Eglinton's Eagle's Plume—taken 3,000 to 45 agst Mr. Isaac Day's Conquest—taken John Day's two favourites, The Tartar and Joc o'Set; Lady Wildair, and Halo, eere most frequently inquirea atter; business, however, was flat, and the prices shoW very little change. DERBY 4to 1 agst Lord Eglinton's Flying Dutchman 14 to 1 agst Lord Chtden's Honeycomb 20 to 1 agst Mr. Gully's Osterley 20 to 1 agst Mr. A. Nicholl's Nunnykirk-5,000 to 200 taken 20 to 1 agst Lord Stanley's Uriel—taken and after' wards offered 30 to 1 agst Lord Eglinton's Elthiron—taken to 50' , 50 to 1 agst Mr. W. Jones's Magician 4,000 to 60 agst Mr. Woffer:don's Langton—taken and afterwards offered 1,000 to 15 agst Mr. Bowes's Thringarth The only horses backed were Nunn) kirk, Uriel, ron, and Langton. LIVERPOOL SPRING MEETING AND STEEPLE CHASE. Acceptances for the Spring Cup. st lb at lb Mogador, 5 yr 5......... 8 7 Rodney, 3 yrs Farewell, 4 yrs 7 5 Lillie, 3 yrs Prince Charlie, 4 yrs.. 6 11 B f The Flapper, by Caledon, 4 yr 5......... 6 8 Touchstone, out of Reality, 4 yrs Acceptances for st 11 Subduer, aged Postilion, 4 yrs ll 2 Acceptances for the Gra] Han st lh st 1b Chandler, aged l2 2La Sylphide, aged... 10 9 The Curate, aged Proceed, aged ll 11 Napoleon, 6 yrs lO 8 Tho Doctor, aged.... 11 7 Peter Simple, aged lO 8 St. Leger, aged Wolverhampton,aged 11 5 Chatham, aged lO 6 Briti,h Yeoman,aged 11 4 Fisticuff, aged lO 6 Mathew, aged ll 2 Coriander, aged Arab Robber, 6 yrs.. 11 2 Alfred, 5 yrs lO 4 6.„ Mulligan, 4 yrs The Iron Duke, 5 yrs 11 0 Jerry, aged llll 5 , Kiltane, aged ll 0 Vulture, aged lO 4 Fat her Mat hew, aged 10 13 Thurgarton, aged Salute, aged The Victim, aged ... 10 11 spem Gregis, 5 yrs 9 19 Prince George, aged 10 10 , Equinox, aged , 9 19 Subduer, aged lO 10 Khondooz, aged 9 19 . 4 Sir John, aged Ed ward the First, agd 10 10 Sparta. age , i Crown Pl'lliet . hlt ' 28 (4h i s pa) 5 sovn. each. the Welter Cup. st lb ,Prince Charlie, 4 yrs 10 9 Rodney, 3 yrs ...... 10 "' .nd National Steeplechase dicap. CARDIGAN ELECTION.-011 saturusy Pryse Prysei Esq.. was elected member for Cardigan by a majority ° eight votes. The election of a representative for the Southern Divi,iun Staffordshire has been fixed by the Hon. ~, G ugh, the High Sheriff, to take place at Lichfield, 011 Monday, the 12Th inst. The General Steam Navigation Company's stearn . ship Waterwiich arrived at London bridge Wharf or l Sunday afternoon with an immense c irgo of Yorkshire goods. The passage: trom Hull was performed in twen t y'' two toairs. BIRTHS. On the Sth inst., at Pontypool-park, Monm ou th s hire, the lady of Capel Hanbury Leigh. Esq., of a daughter. On the 9th inst., at Park-hill, Clapham, Mrs. Joseph Hu-- son, jun., of a daughter. On the 9th inst., at Frittenden, the Lady Harriet Af° °re ' of a son. On the 9th inst., at Dorset square, the wife of J. Isaacs' Di., of a it,ugliter. MED. Virrittle On the Bth of January last, at Water-house Farm, Essex, Benjamin Wing, Esq., aged tO. On the Bth ir.st., at the Vicarage, Canwick, aged 23' George, second son of the Rev. G. Quilter. eS On the Bth inst., at Cheltenham, aged 63, Major Join t. Burke, formerly of' the 44th and late of the 77th Itegioll. On the 9th inst., Eliza Partridge, relict of the Rev. R• B. Phillipson. -upton On the 9th inst , in Edward-street, Hampstead-road, Calderwood, Esq, of her Majeqy's Ordnance, aged 59. On the I 1 th inst., at Queen Elizabeth-row, Greenwlew Jelin Alexander, Esq., aged 86. • 5 -- Acona On the 10th inst., in Eaton-square, Georgians , . daughter of J. W. Childers, Esq , London : Printed and Published by MURDO YOUIS G ', ( 2 f ) No. 112, Strand, Printer, at The Sun Ogee, No. li o i Strand, in the Precinct of the Savoy, in the coultY bliddlesaa, Tuesday, rebruary_l3; 1.849! THE FRENCH REPUBLIC We have received the Paris papers of yesterday. The Moniteur publishes the following report of the Minister of the Interior to the PRESIDENT of the Re public, relative to the late disturbances at Cette : "Monsieur le President,—ln the evening of the 7th the town of Cette was the scene of violent disorders. A crowd of misguided men forcibly entered the hall in which the Municipal Council was deliberating, and afterwards pillaged several houses and burnt the furniture. Neither property, persons, nor the public force were respected. This scene of de vastation lasted for four hours, in the midst of an im portant town, with a garrison, National Guards, and a Municipal Council, without any attempt being made to suppress it. Under these circumstances, which called for all its devotedness, the National Guard of Cette has not done what it ought to have done. Out of sixty men who had received orders to protect the Hotel deVille scarcely twenty made their appearance, several citizens inscribed on its lists even joined in the riot. The standard of order was abandoned, and attacked by those who should have carried and defended it. " The National Guard is the armed country; its duty is to protect the execution of the laws, and to cause pro perty and persons to be respected. No force can supply its place. Order would perish, and liberty would be im possible in the ranks of a nation who should have arms and yet would not use them to maintain public security. In the face of disorder every citizen is a soldier. The National Guard of Cette has failed in this duty; I pro pose to you, Mons. le President, to dissolve it. "The municipal authorities on the same occasion have been equally reprehensible. The Mayor of Cette did not interfere personally to repress the disturbance, which would have yielded before his voice and his authority. He did not make the summonses required by the law; he did not employ the public force when it was required, nor in a useful manner; but he left the town free to the voters; a greater scandal could not have been given to the people. You will doubtless be of opinion, Monsieur lr. President, that a striking reparation is due to the in• stilted authority of the Government. I have the honour to propose to you to dismiss the Mayor. Allow me to express my regret that I cannot find in the rights with which the Government is invested a course of proceeding better proportioned to the gravity of the facts which have occurred. " Accept, &c., "LEON FAUCHER, Minister of the Interior." In consequence of the above report, the PRESIDENT of the Republic has issued a decree dissolving the National Guard of Cette, and dismissing M. MERCIER, the Mayor of that place from his functions. The Afonitear likewise publishes an official notifi cation of the 'egret expressed by General NARVAEZ, and the amende made by the Governmewt of Spain to the French Republic in consequence of the remon strimces made by the French Minister at Madrid to the Spanish Government on the subject of the viola tion of the French territory by a company of Spanish troops who had pursued a band of insurgents across the frontier. The Moniteur also announces that M. BUFFETT, the Minister of Commerce, is charged ad interim with the functions of Minister of Public 'lnstruction during the absence of INI.Di3 FALLo . ux, who has been obliged to leave Paris in consequence of the severe indisposition of his father. Marshal BUGEAUD has been addressing a series of Bobadil speeches to the authorities of Lyons, in the course of which he pays the most fulsome adulation to Prince WINDISCEIGRATZ and his Pandours. In this BUG LAUD is consistent. Who so fit to be the panegyrist of the murderer of BLUM as the butcher of the Rue Transnonaine ? Serious disturbances have broken out in the islands of ilyeres in consequence of an attempt to enforce some new custom-house regulations. A brigade of gendarmes and four companies of the line were dispatched from Toulon for the Hyeres on the 7th. BERNARD, the Clubbist, has boon sentenced by the Cuurt of Assize on the Seine to five years' imprisonment, and 2,000 francs fine, for having in the Clubs of Belleville and Batignolles delivered speeches exciting the citizens to hatred of each other and of the Republican Government; for attacking the principles of property and family rights; attack ing the Constitution, outraging the religion legally recognised in France ; exciting to civil war, to pillage, and incendiarism ; and, finally, for attacking the rights and authority of the National Assembly. The French Government has received an official report relative to the gold mines of California. nis document has been laid before the Commissioners of Mines for their opinion, which is to be published after it has been communicated to the Ministers. BUSINESS DONE IN FOREIGN RAILWAYS AT THE LONDON STOCK-EXCHANGE, FEB. 12. Boulogne and Amiens, 91 —Central of France (Orleans and Vierzon), 9 1 4—Luxembourg ( %—Namur and Liege, 8. 1 4 Northern of France, 8 1 4— Orleans and Bordeaux, 3 Paris' and Orleans, 30 1 / 9 —Paris and Rouen, 19 1 / 9 —Rouen and Havre, 10 1 / 9 Sambre and Meuse, 5 1 4 1 —Tours and Nantes, 1%. SPAIN. Madrid journals of the 6th hare been received, Their contents are unimportant. MADRID BO SA, FEB. 6.—Five per Cents., 10i paper; Three per Cents., 21i, for the Account. Exchange on London, 49 20, paper. GERMA IN Y &ND THE NORTHERN STATES, AUSTRIA. ' Advices have been received from Vienna to the 7th The Wiener Zeilung of that date contains a long proellmation of Po-id-Marshal PUCLINER, dared Her ol:antistadt, Jan. 24, together with particulars from the seat of war up to the afternoon of the Ist. The loss of the enemy has been very considerable, from GO to 70, and 98 wounded. According to the latest intelligence, a division of the enemy, after the dis comfiture of the other part, evacuated Salzburg, and took flight in the direction of Schorostin Blasendorf and Thorda. It is stated in a letter from Pesth of the Ist, that the inhabitants of Grau, a town three leagues from Buda, had risen in insurrection, attacked the garri son, and displayed the standard of revolt. Troops and artillery had been sent to crush the rising. The people of Gnu had at one time professed great de votedness to Prince WINDISCHGRATZ. The Ministry of Finance will form a separate sec tion for the kingdom of Hungary, under the direction of the former Councillor of State, Count ALatAa. Three civil commissioners will be sent to the pa. cified parts of Hungary for the regulation of the affairs of the Government. The Wiener Zeitang of the 6th contains full particulars of the funeral of Count LIMBURG, which took place at Ofen on the Ist of February. The ceremony was very imposing, and the remains of this barbarously murdered plenipotentiary of the EMPEROR were conveyed from the vault at Pesth to the gar rison church at Oten, accompanied by a body of the clergy and a division of grenadiers and a squadron of Uhlans ; various military divisions were drawn up under the command of Prince SCHWARZENBERG ; and his Excellency Field-Marshal WINDISCHGRATZ, With a numerous and splendid retinue, accompanied the re mains on horseback from the palace. FRANKFORT. The Frankfort Gazette publishes the note sent by ;he Austrian Cabinet to the Central Power, relative ;o the question of the Constitution. The following is ;he substance of the note : AtousthtreiaA, nusotrridanesirCaabbleinewtithprarcetgicaarbdle " The for ma ti on of a unitarian state does not appear w i G t h e r in r . e a g n a y r . d l o s to cannot consent to see broken the bonds which exist between and unite the different parts of the Austrian monarchy, neither can it see with in difference an attack made upon the German confede ration, which is one of the essential elements of Euro pean treaties. The real unity of Germany cannot be established except with the concu rrence of Prussia and Austria. The Cabinet of Vienna has communicated this resolution to the Cabinet of Berlin ; _ but it h as not effected a perfect understanding with Prussia on this point. Austria desires to take an active part in the re 4eneration of Germany, which must be effected by a clear 1 uoder,tataling between the princes and the people, and in• the c her opinion hie! means to obtain this end is a more strict union between the different German tribes. tis Majesty the Emperor and his Government decl are solemnly that they will not submit to any Central Power whieh may be confided to another German prince." The National Assembly cif Frankfort, in the sitting ,t tee 9th, decided, after a debate, that the right to .aLour and to assistance should not be inscribed in the Constitution. Several amendments on the sub ject were, however, referred to a committee. A re- , port from 4 committee was presented, teconamending PRUSSIA. A Berlin leiter of the Bth, addressed to the IncM pendance of Brussels, says that there is no truth in the statement that the ambassadors of England, Russia, France, and Austria, had received orders to demand their passports in the event of the King of PRUSSIA accepting the Imperial Crown of Germany. DENMARK. C F. S.—Th e announced warlike proclamation, PENl NGE so i much spoken of, proves to be merely a lithographic letter addressed to the faithfhl people of Schleswig, thus conceived :—" The Government invites in the KING'S name, his faithful people not to oppose force to unjust pretensions ; meanwhile the KING will not consent to prolong an armistice which gives rise to the present uncertain state of affairs." ITALY. We are without direct news from Florence, but the French Constitutionnel of yesterday confirms the report given in the National of the day preceding of the flight of the Grand Duke of TUSCANY from Flo• rence to Sienna in consequence of an emeute, and the Constitutionnel adds that in conscquenew of the ex tension of the emeute to Siennira, the GRAND DUKE had been forced to quit that city and take refuge in Piombino. At Rome there was a large meeting held in the Theatre Tortmono on the 3d. Loud cries were raised in favour of a republic. The emeute of the 29th at Naples is now con sidered to have been an affair " got up " by the police, for the purpose of giving the Government an excuse for occupying Naples with troops during t'he time the Chambers are sitting. Ii Tempo, of January 31, gives the following ver sion of the proceedings on the 29th :—" About four in the afternoon there was observed in the Marine street an assemblage composed of the inhabitants of the different quarters of the capital, but this assemblage dispersed as soon as the patrols of the garrison and the police) appeared, and the streets were soon nearly cleared. Nevertheless, some groups re-assembled in the vicinity of Toledo -street. These groups were in turn dispersed by the patrol, who in some instances fired over the heads of the people as they retreated. Order was then re-established without any damage being sus tained." La Liberia says the people showed no disposition to disorder, only crying out for the Constituent Assembly; but some stones having been thrown, the police fired over their heads, without having the effect of dispersing them ; and the troops having commanded them three times to disperse, the cavalry then charged, whereupon the people shouted " Long live the cavalry, our brothers," on hearing which the cavalry sheathed their swords, and calm was re-established. The Chambers were opened at Naples on the Ist with order and tranquillity. The Corriere Mercantile, of the 6th instant, says the Consul-General of England, in Genoa, has called on the Genoa Gazette to contradict the report that the Grand Duke of TUSCANY, after a long and confi dential conference with the Ambassadors of France and England, had given his adhesion to the Italian Constituent. On the contrary, the Minister of Eng land, Sir G. HAMILTON, Say s that the GRAND DUKE, in giving his adhesion, put himself in direct opposition to the advice of the English Minister. HOUSE OF LORDS.-(THIS DAB'.) The House sat again to-day to hear Scotch appeals The Lord Chancellor presided. CRAIG V. DUFFEY AND OTHERS. The argun3eJai;:tl;is appeal, which were commenced yesterday, were resumed this morning, and occupied their Lordships the whole day. The case (as we stated yes.- terday) came before their Lordships upon appeal from the Court of Session in Scotland. The appellant repre sented the London, Leic h, and Edinburgh Steam Packet Company, and the defendants were steam engine -makers. The sole question between the parties was whether the company had a right to recover more than a limited amount of damages for the construction of a steam-engine, which had been put on board one of the company's boats, and could not be worked. Mr. Bethel', with whom was Mr. Gordon, appeared for the appellant; and Mr. Stuart Wortley and Mr. An derson were counsel for the respondents. PRIVY COUNCIL.-(THIS DAY.) The Lords forming the Judicial Committee of the Privy Council sat again to-day in the Council Chamber, Whitehall, to hear appeals, but no case of interest came before their Lordships in the course of the morning. VICE-CHAN CERY.—(THIS DAY.) (Before the VICE-CHANCELLOR OF ENGLAND.) DUNSTON V. DUNSTON. The argumenis in this case, which came before his ti-nour upon further direeth.ris and coils, occupied Ihe Court the whole morning. Th e case is totally devoid of interest, except to the parties concerned. (Before the Vice-Chancellor KNIGHT BRUCE.) DUNCAN V. LUNTLEY. The further arguments in this past heard case, which came before the Court upon demurrer, occupied his Honour the vs hole day. (Before the Vice. Chancellor MORAN ) SMITH f, (APRON.—JUDGMENT. His HONOUR gave judgment to-day in this case, which was argued before him yesterday, upon a demurrer put in to a bill filed for the specific performance of an agree ment to take an assignment of the lease of a house in Great Ormond-street, which, in 1845, had been grante d to a Mr. Wakefield by Lord Montesele and Lady Lucy Standish. The lease had subsequently been assigned by Wakefield to Mr. Smith, who had subsequently agreed to assign it to Mr. Capron, who, it was alleged, refused to accept the lease, upon the ground that the written con sent of Lord Monteagle, the surviving lessor, had not been obtained, which written consent was specifically required by the original lease. The point upon which the demurrer turned was, as to to the sufficiency of the statement in the bill, as to the consent in writing having been obtained from the sur viving lessor, it being argued by the counsel in support of the bill, that, at all events, enough appeared upon the f ace o f it to justify the Court in sending the case to the Master upon the question of title. His HONOUR, atter going shortly into the case, stated his opinion to be, that the demurrer could not be sus tained, and ordered it to be overruled with costs.' Mr. Schomberg was counsel in support of the de murrer, and Mr. Wood and Mr. Southgall were in de fence of the bill. The Court then proceeded to hear causes and further directions. QUEEN'S BENCH.-(1 1 11IS DAY.) (Sittingi at Westminster, before Mr. Justice ERLE and a Special Jury.) THE QUEEN V. TURNER. This was a prosecution, at the instance of a gentle man named William Stevens Merewether, against a Mr. John Turner, for the commission of wilful and corrupt perjury committed in an affidavit sworn by him in this Court some time ago. The defendant is the brother of a Mr. John Turner, a gentleman of considerable pro perty, who died in 1829, at the age of 76. Ho had been twice married—the second time to a lady who had acted as governess to his former wife. She, however, died a few months before him. For three years before his death be had been in ill health, particularly so clue ing the last year. Mr. John Turner, the defendant, a Mr. Ilornb!0 A., and linother gentleman, wore the execu tors of the deceased gentleman. Shortly before his death the prosecutor, who was examined at consider able length, accused Air. Turner and Mr. Hornblow with having obtained the deceased gentleman's signa ture to cheques in the middle of the night. This, it seemed, they did not deny ; but they added, that no injury should result from this, as all save two had been destroyed in the presence of several respectable parties, and that the two had been used for a necessary purpose, the defendant saying that it was well they were signed, as his brother was in such a state that he would never bee able to sign his name again —meaning that he was in an imbecile state. Dif ferences arose between the executors and the other mem bers of the family, which led to protracted proceedings in Chancery, and consequently much ill-feeling. Aftir some decision had been come to in these Chancery pro cee .ings, a pamphlet was published and circulated, purporting to have been written by a barrister, detailing the nature of the suit, and containing some strong ob servations with respect to the conduct of Mr. Turner, for which he applied for a rule calling upon the prosecutor's son, the writer of the pamphlet, to show cause why a criminal information should not be filed against him. The alleged perjury was held to have been committed in the affidavit of Mr. Turner sworn in this court, as pre liminary to the application for the rule. A large number ~ xf witnesses have been examined on both sides, and the case is likely to be a most protracted one. EXCHE(QuE R.—(THIS DAY.) (Sittings at Nisi Arius at Westminster, before the CHIE7 BA uoN and a Special Jury.) WAKLEY v. COOKE. The trial oC this case, which was brought by the praintiff, the Urironi , r for Middlesex, to recover compen sation in (hr.) ages for the publication of libels in the Medical 7 was resumed this morning. Mr. Serge ant WiLikiris addressed the jury on the part of the defer idant, earnestly soliciting their most serious attention to the observations which he had to address to them—not, merely for his own sake, for he was entitled to little , :cinsideration—not merely for the sake of his client, but for the sake of the interests necessarily con nected With the case, which for magnitude, and in im portancti, had of late had no parallel. lle did not in• tend to imitste the example of the Attorney-General in ceridu, sting the defence. It mattered little to him whe ther Healy was accused of being an ignorant and half. educated man, a stupid lawyer, or a person reduced to t I le lowest depths of poverty, except so far as such acct iaation tended to show that the plaintiff had infused into this action a portion of his own malignant spirit disposition. Was a man's poverty to be held up there as a reproach upon his character? In order to show that he was no ignorant, half educated man, he wotild refer to passages and sentences in the articles noYl' before tho Cyurt, which bir. W§kleY glighc d 9 ~.,_ Any dle Paz Dec dm 14t TE La but trig at i last tot the tie; his] lan ( tra, der] Me, 1) 5 i Mir o'cl tics tivl pal, thu Pre ItA Oft Mel bOt