The Sun. — London, England, 1856-11-05 00:00:00

opinion that Mr. Cobbett is entitled to be discharged ; and it your lordships , evillallow me, I will give a brief to counsel to-morrow. I do not want my husband to be detained in prison, where he had been unjustly kept before for 12 years, wllen the Lord Chancellor at length interposed, and set him at liberty. The learned judges having, at this point of the argu• ment, " put their heads together," Lord Campbell said—Well, Mrs. Cobbett, your ap plication iQ, that your husband shall be heard by coun sel 1! Let it be so. Mrs. Cobbett signified her acknowledgments in a gentle inclination of her tall and stately figure, and re tired from the Court, an honour to her husband, and a pattern to wives. COURT OF COMMON PLEAS. (Sittings in Banco.—Before J Intices Cresswell, Crowder, and Willes). MATHER V. LORD MAIDSTONE.-ACTION UPON A BILL GIVEN IN COSIDERATION OF A FORGED BILL. _. . This was an action upon a bill of exchange for 1,000/., drawn by the Honourable Francis Charles L twley an•i accepted by Lord Maidstone ; and there was a plea, to the effect that Lord Maidstone had accepted the bill in consideration of another bill, which be believed to have been accepted by himself, but which in fact turned out to be a forgery. The replication stated that the forged bill had baen inspected by Lord Maidstone previous to his accepting the renewed bill, and be never on that occasion said that it aas a forgery. The sae came on fir trial at Guildford, before the Chief Baron, and a verdict was found for the defendant. Mr. M. Chambers now moved for a new trial, upon the grounds of misdirection and that the verdict was against the evidence. He stated that the facts as a, that in the month of May, 1854, Mr. Clark took to the plaintiff a bill for 1,0001., which he discounted. That hill was drawn by the Hon. Mr. Villiers, and ac cepted by Lord Maidstone. The bill, when presented at the Union Bank, was dishonoured. Oa the 19th July, Mr. Clark brought another bill, purporting to have been accepted by Lord Maidstone, and which the plaintiff took in renewal of the first bill. That bill was also renewed when it became due, and when the third bill was sued upon, Lord Maidstone set up the defence that the second bill was a forgery, and at the trial he gave evidence to that effec`. Th• Chief Baron left it to the jury to consider whelier the plaintiff had, or ha not, given consideration for the bill that he gave up when he took the forged bill. This, it was now sub mitted, was an immaterial issue, and was not the ques tion upon which the cause turned. It was also submitted that there was ample evidence of consideration, and that the verdict was clearly against the weight of evidence. Mr. Justice Creswell. thought that there must have bee❑ something more in the summing Up than they had heard. IZule granted. POLICE INTELLIGENCE.—Noo. 4, GUILDHALL—Alexander Stainburgh,, an agent, of 20, St. Mary Axe, was bronght up on remand, charged with obtaining money and bills to the amount of 1,550/. from Mr. John Deporter, a merchant, of 61, Grace church•street, by means of false pretences. He was also charged with conspiring with Charles Collinc to defraud the pro , !ecutor out of the same. Mr. Sleigh, who conducted the prosecution, before proceeding with it, required that Collins should be placed by the side of Stainburgh. .Ir. Robinson, who appeared for Stainburgh, said—l object to Collins being placed in the dock at present. Ou the last examination it was said, " Why not produce Collins ? " and now that he was ready to give evidence in favour of the prisoner he is to be placed at his side. He was to have been called as a witness for Stainburgh, and then when he comes he is placed in the dock as a prisoner, not only depriving the prisoner of the benefit of his evidence, but placing him in such a position that he cannot say anything fur himself. There bad bee❑ a person named Neumann mentioned a■ connected with these transactions, but I suppose if he were to appear he would also be taken into custody. Now I claim that Stain burgh's charge may be gone into singly, and that he nay have the advantage of Collins's evidence. Mr. Sleigh—l claim that they shall both be placed at the bar. Mr. Robinson—l have no objection to that course, if I am to understand that the first charge is abandoned. Mr. Sleigh—Nothing of the kind. Mr. Robinson—Then I object to the charge of con spiracy being gone into at present. Mr. Robinson and Mr. Lewis, jun., who appeared for Collins ; having protested against this course being adopted, Sir R. W. Carden overruled the objection, and Col lins was placed in the dock. Main, a detective officer, then brought the prisoner Collins from Springate, the gaoler's room, and placed him at the bar. Mr. Sleigh—The charge I shall make against the pri soners is that they conspired together to defraud Mr. Deportee out of 1,5501, by means of false pretences. Stainburgh went to the prosecutor, and told him be had some good business for him, to the amount of 1,5001. in chairs, and the man who had to sell them would take his bills for them, and be aso said that he bad a per son who would buy them for Si. per cent, less than that amount for cash. Previous to the prosecutor parting with his cheques and bills, Stainburgh called upon bun with Collins, and represented that he was the person who would buy the chairs, and he represented himself that be would buy them. On one occasion he held in his hand a piece c f paper purporting to be a cheque, and said "I believe that is the amount I am to pay you," pointing to figures representing 1,4251., and Mr. De porter said Yee." The prisoner Collins, who represents he can draw a cheque for 1,4251., is nothing more than a gaol bird, and was in and out of Whitecross-street pri son during a e whole of 1356. He is not a solvent man, but an ancertificated bankrupt. I will show that it was not until after Collins had acted his part well, and had shewn the reputed cheque, that the prosecutor was thrown off his guard, and then the next day he fell into the trap and parted with his money and bills. Some of the bills have been recovered, and the remainder will have to be provided for, or the payment resisted in a court of law. The depositions were then read over to the prisoner Collins. Mr. John Deporter, having been sworn, said—The depositions taken on the 30th October are correct. The person referred to in them by the name of Collins is the prisoner at the bar. When he called on me he showed me acheque for 1,425/. Cross-examined by Mr. Robinson—l was to buy those chairs and believed they were things to sit upon. He COURT OF QUEEN'S BENC H. did not say to me th at t h ey were " chairs to sit upon, " but he did say so to two of my clerks. To me he said err EE WM. COBBETT.—A WIFE'S PERSEVERANCE. "chairs." I counted the numbers on the papers he gave In this case, a notice of an application, by Mrs. Cob- am and saw there were 1,00. The reason I was going bett, for a habea s corpus, to bring up the body of her to sell the goods for lesa than I gave for them was be husband, that he might be discharged out of custody, in cause I could buy figs in the market so low that I could which be is detained under arrest for the coats of an make up the loss, and a good profit besides on the re action against the trustees of the Winchester Turnpikes, sale of them. I was therefore willing to sacrifice 751. by and in which be was nonsuited, appeared in our yester- the transaction. I had no speculation in buying fir day's paper. The learned judges intimated t o M rs. from any particular person, but I was to go into the e- -2- Cobbett that they would look into her affidavits, and k et and b uy them.ear give her an answer this day. Accordingly, at the close Sir Robert W. Carden—He has stated before t' ,iiat gs of the day's business, when the bench had gone th roug h were very tow, and he wanted to go into tt . 46 m fig s ark - et the bar, and buy them to a d van t age . pay to a for Ant. per p annum Lord Campb e ll, add r essing Mrs. Cobbett, said—W e Witness continued—l wanted the mon•,,y y have looked into you r affidavits, Mrs. Cobbett, and we th e fi gs , an d was willing to 20 per c think that th e t wo l earne d j u d ges b e f ore w h om y our fi rst for the money to do so. applications were made, were quite right in refusing Mr. Robinson —What is the amou• A /- o f R. your bills out your request. We wish to show all indulgence to you ; standing ? but having examined the affidavits, and conferred with Mr. Sleigh—l object to that en neSt i on. gave Stainburg the two learned judges--Mr. Justice Crowder and Mr. Mr. Robinson—Were the bills you you had by you ? Baron Bramwell ---we are of opinion that you must be drawn for the purpose or soile n era were some I had by me, bound by their deci ion. I wish to treat you with all Witness—Those I ender, tenderness and courtesy ; but— and my acceptances were for the purpose. I gave him on the 2 :cith of October , and on the same Mrs. Cobbett - -Pardon me, my lord, but I understood a 2111, cheq ue emu him the bide, he brought eue You to say yesterday that you would hear me make a day, after I bad motion for the discharge, by habeas, of my husband out back the money fon.it, at my request, and Igave him a of custody, place of it I did this as E g ''- crossed cheque in, wis Aid to Lord Campbell —. you see, Mrs. Cobbett, we heard see through wl'eose bank it Was paid in. I hare been in your motion yesterday ; and I am now going to pro . - business , in L.odon for two years, and preview,' to that I flounce the judgment of the C ourt.was with re.: father. I obtained a portion of his busi cation was that Mr. Cobbe Now, the aPPIr• tt should be discharged, ness, and Seommenced with a capital, but did not receive because he had been arrested when he was entitled to any of it from my father. "privilege; =. Cobbett—That v e Sir Fe. W. Carden—l think you cannot pursue this lord. as not my application, my courses, for it does not bear upon the question. Ir..r. Robinson—l only wanted to know if he had re- Lord Cempbell—Tery well. Now, if we were to ive ceier e d any ,—_,.. entire credit to his going to Southam ton to ma k e money from his father, and he says be has 1 legal search for • • • - rin WORCESTER AUTUMN RACES.—TUESDAY. Paper; as „described, our opinion isa, P-ut Cross-examined by Mr. Lewis—idly f a th er i s my b ro . THE SoLENT.—Great complaints have recently been Sweepstakes of 5 goys each, with 25 added, for two and that he was not "privileged" at the tim e e WAS arrested. ker. Re has been a bankrupt, and obtained his certifi• made by commanders of ships of the scarcity of pilots and that Mr. Justice Crowder and M three-yr-olds. One mile. Thirteen subs. Bacon Bramwell cute about four years ago. I knew a person by th e name in r i se Solent sea. Both the mail steamers Euxine and Mr. E. Parr's Stork, 3 yrn Bst 7lb (Kendall) 1 were right in the decision to which they had come. *We of Thallasso, but he does not assist me in my business. Vntra, which have just arrived home, were brought Mr Hank' Harris , 2 yr., Est 71b (H. Ducker) 2 are of opinion, therefore— Mrs. Cobbett—Excuse me, my I also know a person by the name of Leo. He was pre- through the Solent and up Southampton water, with Mr . . G. Dr: ' ' D 2 fist 7 1 b we s The upe, yrs, (Bray) 3 lord ; I bete your sentat times when Stainborgh was atmyplace; he did not cut a pilot, in the dead of night. lordship's pardon ; but Mr. Baron Bramwell without count the shares, but wben Collins did n o t com e on WITCHCRAFT.— A' woman named Bathe preferred a Phlegon out et Amaryllis, Primrose, filly by Alarm out bearing us at all, or knowing anything of the 3 w hi c h Mr. Justice Crowder decided, decided grond o n Monday evenin g , h e took them to a share broker to as- charge against Ruth Mashman, a reputed witch, for ex of Alicia, Caledonian, and Odd Trick. We wanted, by habeas, to remove my huolanadgainet us, certain their value. He had been a bankrupt. Mr. torting money, at the petty sessions, Shepten-Mallet, on Betine_ The followin also ran :—Typhon, Giantess, filly by 2 to 1 on Stork, 5 to 1 asst The Dupe. The Stainburgh brought Collins to me ; he did not produce Wednesday last. It seems that Mrs. Bathe applied t o the favourite made a ll th e running, and after a good set up Lord Campbell—Another ground of y o ur)lication, a ruining . journal, but before that he did s h o w me w it c h to have her assistance in b reak i ng the spell of a„. with Hanri e won by a head ; about six length s sepa- Mrs. Cobbett, is, that there had. been te co mmitment Mr. Cobbett to Horsemonger-lane Gaol. of mining Journal about something else he wanted me to ther witch upon her husband, who has lately been very rated ti-, e second f rom the third ; Typhon was close u P enter into. When Collin s produced the piece of paper unfortunate in his undertakings. Mashman agreed to with Teh D the others were tailed off ;at the last Mrs. Cobbett—That le our complaint, my lord • e Dupe ; , and which I believed to be a che ne I • q did not see upon what charm away the spell, and as a remuneration she obtain• turn it has cost me nearly 10/. to get hint removed fits the b • Queen's Prison. yes, that is our complaint against the banker it was drawn, nor by whom it was drawn. I only ed a coup of onions, a great portion of the woman's fell, saw eh the figures 1,4251. I did not see the number of the clothes, and a 1 trete sum of money; indeed she was in the ll'endica S t kes of 5 sous each, with 40 added, Baron Bramwell; and that is one of the important points, my lord, o f my application to your lord- lookedatit, ;and the figures only were point e d o u t t o ever she wanted any of the above articles, which wag Sweepstakes a winner of 50 soya clear after the de -Ifo:B2ud.l j cl p T 3. riekran out, came in contact with a post, and clarat Y io r.° of s ; th a e weights, slb extra ; the winner to be ships. When we got the habeas to send my husband to Collinsii did not give me his address, but he did give pretty frequently. MT's. Bathe, ens day needing the sold for SO sous , if d ema nded, &c. About one mile. the Queen's Prison, Mr. justice Crowder sent him to it to my and Mr. Baron Bramwell Would b c ark. I have not been to Collins's office mys e lf, witch's advice on some point, paid her a visit, and at Horsemorger-lane Gaol, ut I have sent several times. My clerk wrote a note to the end of the convent ion had a small box given her, Mr. ( •N (Bearpark) 1 not listen to us. Have your lordsbipe read the affidavits? Mr. Collins, a n d 2 this produced is in his handwriting, with strict injunctior snot to open or show it to any Air •Jones'sHeads and Tails, 7st 411) (J. Forster) , Lord Campbell—We have read the affidavits, and but I did not see ' it before he sent it. Collins called on one but her husband. Shortly after her coming into e- ' (D. Hughes) e they require no answer ; and we are of opinion that me on several 4.r. E. Smith's S Neetbri , ar 7,4 t 4:b my lord, l ega ll y ! Why, he can. have got Lack several of my bills. - - - occasions before the 27th of October for 1 possession of the box she became very ill, and hion filly. ran :—Chow and Amp Mr. Cobbett is legally in custody. the chairs. Those calls were by my appointment I believed hereelf under the influence of the witch' Mrs. Cobbett—Ole, craft, nod the box was considered to be the , • two lengths be not be legally in two places at once. (Laughter.) Mr. Lewie—na i ago Sweetbrier. Won by a length , the ye you spoken to your attorney about cause of the illness. At, thispoint two "wisear , " Lord Campbell—Now for the judgment. Now, as to getting back the remainder ? ecen respectable farmers, were, consulted about the h' Jr, h en a long way. your application that M. Cobbett shall be brought up M.r. Sleigh—l object to tit Lettthird and fourth • kmphion filly was beat , - . at question. * . little on being told that the witch had averred tide ho use by habea s to be discharged, that application we refnee. Sir R. W. Carden --It • of fo I Mr. Martin (the chief cle r k is a privileged communication. would be blown up on its , being opened, th• We, therefore, cannot grant your application in other , Mr. Lewisy es , a , d .ey declined The Worcester Autumn Handicap, a bweep stak es with 100 i to n g n e n t rs b e a l c i k e d h n is es b , d a ls n . d , n d ie ot i n .e g d i t and readiness naddianeman maned hood was se . - respects. The winner was bought in for 76 guine , as. ,et for, who de- sous each, h ft, and 3 only if declared,&c., Rs . t o oey e n the sue `.. box was opened, terl box though added • c tain winners extra. Two w i les. 28 subs, Mrs. Cobbett—But, stay, my lord. The question i n ; would be eery glad to du a. th, • devil himself was t' aere . Tb , er whether your lordshipa will hear centred, as you cannot Mr. Lewis- By c' • i ritutna proceed' 2 IsC re enough the devil' aged, 7st 311, (includ e; portralS by Mashmen in coleura 1- hear me. There is a ress • ' it'st MT k ' e i e P . W Carden -1 d Ido in-. US. , , - -,• W. er en-- n L . , , , Lord Clifden's Poodle, by lon, band, and all that I no g w a c"s.P'racY a6a ' ot tainitit aro ,r' was found inside t (Wakefield) 1 t p per elneseor.. I • agetber with a verse of Scripture sk the Court is to heat even- , Mr. Lewie —This inquiry shall and 9 of whom declared. ins 51b e , xtra.) . 2 6 rs 7st 71b (Snowdon) eel in his behalf. I fear, my lords, that I have not made , Sir :I. W. Carden (in surprise) no be euporeeeee. 1 writt en baciewards,, ?and eorne toads' legs. The discovery le - - , r. Rigby a Pantomime, y , 3 , Est 101 b (Deles) 3 myself understood to your lordship s • do not want a, l Mr. Rubinson —I think we c —Nir. Lewia 1 I led to the takiinc ; up of Mrs. Mashman,and it being Mr. Barber's Prince of Orange, yr., , habeas co • rpus , I only want that your Idl. • •ll I Have y on directed your attoin e t canget at •' at JOT 0 'Ts aril! , _ o attach the assent in ! I neane, she Was ofiratnitted to the Shepton•Mallet House B sots'The following . consent that counsel shall come h 'ru le • the heeds of Stainburgh's bankerra. here to move for a and Homily. nisi, calling on the opposite side my ! 3ar. Sleigh—l object to your answer' cif Correction fen six we des e. In the same woman's house le t • e ting-6 to 4 asst Poodle, 5 to 1 each asst Prince husband should not be discharg d o show causewhy . ' Mr. Robinson—l certainly shall , ing the que s ti on. ,on its being se ,arched, a few weeks ago, Police-constable' or, Homily made the running o . ut of custody. . I , ~ as 4 the question. , li•rmery steppe ,d on a loose stone, and on i Orange and Lough Bawn. her stable cannot possibly argue points of law RW C d I really is ' ts removal clis- ne - the las t t where she dropped away, and with your lordsnipe ! Sir R. W. ar en— t and I therefore ask your lordahips to consent to coon - ' : Mr. Robinson—My client is in a difficult enla rge . . c o vere d a cr , Jck con t a i n i ng severa l t oa d s. I t is robable. I exit la' Poodle urn' took the leadand won by half a length; sel being heard. I have the opinion oftht he thinks it Is of importance that he should position and t'he praotice . has been handed down from the days of Ia '1 P g a th i°ll d half between the second and th ird ; a Mr. Cobbett is entitled to be discharged counsel that he _ „ . t _ t and know it. nihakspear e4 , o f preserving under a stone, as in Macbeth 1 i en and a • d • d fourth; bad fifth. Homily ; The quesnen was ultrma ely pu ~ answer • e ngth between the third an pass the Lord Campbell—Have you instructed con -1 ? affirmattve. ed in the .—" Toad t bat under the cold stone days and nights ( :tend Lou pulled up and did not Lough Bawn were lira. Cobbett—No, my lord; but I have nbethirty-one, has sweltered venom ales ' counsel's Witnees (in reply to Mr. Lewis)—l have given velum t Adverti s e r eniaz got."— Brist* ' ? " ! ~, P mat- The weights were cot raised, but were those at , 1,,*0 hinil the houses were originally hand i cappe d; the Mr. Glasse (with whom was Mr. Lewis) appeared for the official manager. He had scarcely commenced ad• dressing the court when his Honour rose. Yrs et lb Boston Odiham Escape Tom Gurney a 10 12 Theodino Garland Emigrant Harry Lorrequer a 10 9 Hopeless Star 131ack Swan a 10 6 The weights for the other races will be published to morrow. "Autumn meeting" not being strictly under the New market rules. The Autumn Flying Stakes (Handicap) of 5 rove each, with 40 added ; the second to save his stake. Rathzr inore than half a mile. 30 subs. Mr. F. Fisher's New Brighton, by Birkenhead. 6 yrs, gat 1016 (D. Hughes) 1 Mr. Clarke's Prine's Mixture, 3yre, 63t41b(Pritchard) 2 Mr. T. Gilby's Ella, 2 yr e , 5 st (Challoner) 3 Mr. Brown's Fl,away, 3 yrg, rit 8:b (Bray) 4 Tne following also ran :—Flacrow, Welbarn, ;rack Sheppard, Little Gerard, Octavio, .A.fighan, Maid of Ca diz, Typhon, Biron, Madame Clicquot, Profile, and An. not Lyle. Bitting-3 to 1 apt Ella, sto 1 each abet Madame Clicqlnt and New Brighton, 7 to 1 agst Jack Sheppard, Bto 1 agst Flyaway. New Brighton jumped off in front, made strung running, was not headed, and won by half a length ; a head between the second and third, same distance ly..qween the third and fourth. Weiham and Flaerow were next, well up. Selling Stakes of 5 scvs each, with 25 added, for 3-yr olds and upwards. Oue mile and a quarter. Seven subs. Mr. Carr's Cosßey, by Melbourne, 4 yrs, 7st 91b (car. 7st 10ib) (201.) (Aldcroft) 1 Mr. Fry's Ida, 4 yrs, 7st 61b (201.) (D. Hughes) 2 Mr. Thomas's Indian Queen, 3 yrs, 6,t, 21b (201.) (Pritchard) 3 The following also ran :—Teddy, Blue Bell, Towwr, and Schauiyl. Betting-2 to 1 agst Cossey, 3to 1 agst Teddy. Won by hall a length ; a head between the secon , l and third ; good fourth. The winner was bought in for 48 guineas. LA. W 11‘1 7.—Nov. 4. VICE CHANCELLOR'S COURT. THE ROYAL BRITISH BANK. (Before the ,Vic-Chancellor Kindersley.) A portion of the following appeared in our impression , }yesterday : kr. Rolt, with whom were Mr. J. Brown and Mr. Giffserd, moved, this morning, to dissolve the injunction which had been granted by his honour to restrain Mr. C. Lee, the official assignee of the bank in bank- ruptcy, and Mr. J. Johnstone, the bankruptcy mes senger, and their respective solicitors and agents from in any manner acting upon an order of the Court of Bankruptcy in this matter, dated the 10th of October, or disturbing Mr. Harding, the official manager ap pointed by the Court of Chancery, in his possession of the estate of the bank. The learned counsel also showed cause against the rule nisi which had been granted by the Vice-Chancellor for the committal of Mr. Les and Mr. Johnstone for a contempt of court, on the ground of their having interfered with Mr. Harding in his possession of the pro perty of the bank, and he also moved that Mr. Harding, the official manager, might be ordered forthwith to hand over to Mr. Lee, the official assignee, all monies and securities in his posses aion, and to do all acts necessary to put Mr. Lee into eomplete possession of the estate and effects of the bank. With regard to the alleged contempt, the learned coun3el stated that the bankruptcy messenger retired from the bank premises upon the order of Mr. Harding, but tha.e shortly afterwards, in consequence of an ar ranseemerst between Mr. Harding and the Messrs. Link later, the solicitors to the bankruptcy proceedings, the bankruptcy messenger returned to the premises, it being, however, understood that he should not in any manner interfere with Mr. Harding's possession, until the ques tion whether Chancery proceedings could go on against the bank simultaneously with the proceedings in bank ruptcy. No contempt bad ever been committed, or wa n in tended to be committed by any person connected with this case of the order of the Court of Cnancery, and it would seem that the bill to restrain the official assignee and the bankruptcy messenger from interfering with Mr. Harding's possession, and to commit them !or contempt of Court for having so interfered, was simply to obtain coats. With respect to the question whether the bank could be proceeded against simultaneously in the Court of Chancery and the Court of Bankruptcy, the learned Counsel referred to the last act of Parliament relating to the winding up of joint-stock companies, and contended that it was manifest, from the language of the act, that it was not its effect, neither was it the intention of its framers, to prevent the two proceedings going on together in the two Courts. The act itself, in fact, ex presaly mentions that, upon the consent bf the official assignee in bankruptcy of a joint-stock com pany, unable to meet its engagements, proceedings might be instituted in Chancery for the purpose of more effectually winding up its affeirs. He contended that the legal estate of the bankrupt was at this moment in vested in the official assignee in bankruptcy, and that by a title anterior to that of Mr. Harding; inasmuch as the adjudication in bankruptcy related back to an act of bankruptcy which was committed by the bank on a day previous to that on which Mr. Harding was appointed official manager by the Court of Chancery, and that without his authority no action at law could be insti tuted against any of the debtors of the bank for the re covery of money due to the bank ; that the proceedings in bankruptcy would speedily and cheaply divide the assets amongst the creditors ; whereas the case would be different if the proceedings were to be exclusively in the Court of Chancery, and that it was the intention of the Legislature in such cases as these to permit the creditors to institute proceedings in bankruptcy, and leave the shareholders to adjust the claims between each other in the Court of Chancery. The Vice-Chancellor remarked that the latter act was expressly for the amendment of the former; hence, prima facie, its provisions when they did not agree with those of the former statute would be entitled to the greater weight. Besides, when the former act vested the estate in the assignee it did not snake it his property. Mr. Rolt submitted that this was really a question of law, and amounted to no more than an inquiry in whom was the legal estate vested. He relied upon the acts to which he had referred as conclusively establishing his first proposition, that the legal estate was vested in the official assignee. The next question way whether that court had jurisdiction to interfere with the action of the official assignee in this Ca'e. He admitted, in the fullest manner, that the Court of Chancery had jurisdiction to restrain persons within its territorial control from pro ceeding at any time, or before any tribunal on the face of the earth. But that jurisdiction was exer cised according to well known rules, one of the most important of which was that which limited it to cases in which it would be contrary to good faith and con science for the person restrained to proceed in the tri bunal to which he had purposed to have recourse. This was not such a case. In support of this portion of his argument the learned counsel referred to " The Carron Company v. Maclaren," 6, House of Lord,' cases, 417, and the case there cited. But even assuming that the court should consider that there was nothing to preclude it from exercising jurisdiction in this case, he fell back upon his last proposition, and urged that although the power to interfere might exist, it would not be exercised, for the court, having regard to the interests of creditors, would consider that, in order to the unravelment of the transactions of members of this company, it would at all events be desirable that the distribution of the assets should take place in bankruptcy, although the rights against contributors might be enforced in equity. Such a course would occasion no extra expense. There were two duties to be performed—the getting of contributions and the distribution of assets ; and whether these two deities were both performed by one person in equity, or divided between two, one acting in Bankruptcy and the other in Chancery, the cost would be the same. Upon some or one of these grounds he submitted that his clients were entitled to the judgment of the court. Mr. F. Brown and Mr. Giffard followed en the same side. for those bills which I gave to Stainburgb. They were not accommodation bills. Mr. Lewis—What value did you give for them ! Sir Robt. W. Carden—l ready must interfere to pro tect the witness. He has stated that he gave value for the bills, and you have no right— Mr. Lewis—But I want to know what value he has given for them. Sir R. W. Carden—Will you listen to me Mr. Lewis —I shall listen to anything that you Fay with pleasure. Sir R. W. Carden—You pay very little deference to the bench. If you like to take my place I wili vacate it to you and retire. _ _ Mr. Lewis—l should be very sorry to do so. Witness—l know Messrs. Willis, Percival, and Co. ; they are banker-7. Mr. Lewis—Have they overdue acceptances of yours Sir H. W. Carden—Do not answer that question. You may attempt to blacken Mr. Deportees character as much as you please, but that has ❑othing to do with th• question. Yoi may try and injure his reputation and his credit by your questions, but I do not believe you will, for there has been nothing to show it ; but you may even make him out a bad character if you can, yet still tbat has nothing to do with tue case. The ques tion i have these me❑ conspired to rob Mr. Deporter of his bilk. Mr. tobinson—Then there is no use in a cross exa mination. Two of Mr. Deportees clerks deposed to the visits of Stainburgh to their employer's office, and to the offers of the chairs or shares to be paid on, as described in Mr. Deporter's evidence. Mr. James Crofts said—l am a stock and share broker. I live at No. 1, Finch-lane, Cornhill. Some of these shares produced were brought to me to ascer tain the value of them. I took some of them into the market and found they were valueless there. They arc scrip certificates for shares in the Wrysgane State and Slab Quarrying Company, Port Madoc, North Wales. I have since ascertained that the company is worked upon the " cost book" system, and that there is a call due upon them of ss. per share. Sir R. W. Carden—Which the registered holders of those shares would be liable t• pay ! Mr. Crofts— Yes. Mr. S!eigh—This 19 all the evidence I propose to offer to-day, and I now ask that tie prisoner may be remanded. Mr. Robinson—l will not oppose that, but I shall ask you, sir, to take bail for the future appearance of Stain burgh. There has not been a tittle of evidence rhown that he made use of aoy false pretence whatever, and as to that nonsensical attempt to confound chairs and shares it is preposterous. Sir R. W. Carden—l have made up my mind to re• wand him, and I do not feel that I should be justified in taking bail. I feel that he is in circumstances of great difficulty. Mr. Lewis—My client has been very 'unfairly dealt by. He was on his way to this court to give evidence, when he was put in the dock. I do hope, sir, you will not send him. to Newgate. There is no evidence against him. Sir R. W. Carden—You forget that he never called after the shares were delivered. Mr. Lewis—That is what I am coming to. lie found they were valueless, and he would not complete the pur chase. Sir R. W. Carden—l shall not take bail. The prisoners were then remanded. Mr. Horsley applied for a summons against Neumann. Mr. Lewis—l will undertake to produce him it you will promise not to giv. him into cu , tody ? Mr. Sleigh—lf you will prod use him I will place him in the dock by the side of the other prisoners. Mr, Lewis—Then I will not produce him. Sir R. W. Carden—You do not want a summons, for you can give Lim into custody if you find him, if you cannot a summons is of no use. The prisoners were then removed. The hearing of this case occupied over three hours, during which time the court was densely crowded by persons anxious to hear the proceedings. SO UT Ef WARK.—Tu E ATTEMPTED MURDER ST BBRMONDSEY.—Yesterday afternoon, after the remanded ca,es and night charges had been disposed of, Richard Burchell, 20, Abraham Burchell, 20 ; and Patrick Ryan, 18, labourers, were placed in the dock before Mr. Combe for further examination, charged with cutting and wounding Patrick Griffin, 25, with intent to murder hint' in Thomas's-place, Bermondsey. The court wag, as on the former examination, crowded by excess of friends of the prisoners and the in• jured man. Mr. Solomon again attended for the prisoners. It may he recollected that on the last examination John Griffin, the brother of the injured man, stated he came from the London Docks to see him at his lodgings in Thomas's-place on Saturday night, the 25th ult. They went into a beer-shop at the oorner, when he told his brother Patrick that Richard Bur chell had beaten him five weeks previously. About ten o'clock they both went to Bureheil's house, when rittrack Griffin called out Richard Burchell to have satisfaction. He came out, followed by Abraham Bur chell and Ryan, when a fight commenced, and Jehn Griffin was knocked down and kicked on the head and body in a dreadful manner. On getting up he saw his brother lying on the ground near the gate, apparently dead. lie fell upon him and kissed him, after which he was taken to the doctor's, and had his wounds dressed. lie heard no more of his brother until told, on his reco very, that he was in the hospital dying. This witness did not see either of the prisoners stab his brother, but he saw them use a pair of bellows about his head, and throw pieces of brick at him. He was himself struck on, the side of his head with a brickbat by Richard 13'.tr. chell. They had all been drinking prior to that. A lad named George Ansell, in the employ of a green grocer in Fort-street, Bermondsey, proved wither:sing the affray in tip- next yard. He saw Richard Burchell kie: K Patrick Griffin while on the ground, and Ryan was A l so kicking him on the body and head. Richard B „ re b e l' took up a pair of bellows and struck him across the nose with them. Th e y were a ll t h e worse for liqu' jr. The depositions of the injured man, tak en at Guy s ' h Hospital on S un d a y b y M r. Buchanan, 8-r iaV that Richd. Burchell was th e chief aggressor. Pat r : ,as th en a p parently i n a dying state, - Lek Griffin, who A hiva out as t h e man w h o sta bb e d h i r At the ti me p o i nte d black-handled knife. A certificat in the sid e w i t h a eon the l as t examine tion havin g b een p ro d uce d from Mr. V that red man was in a very dangerovalentiee, the s ur forth the injured geon of Guy's Hospital, se tti r g. 4 state, the m ag i s t rate re mended the prisoner un t il r :e Cuo-day.n aces .day. the chief ' Aaced at th e b ar, M r. Edwin worship being tt , these fact s t o M r. C ombe, his tee f riner deposit', the clerk pris on , e r r e l b a e te in d g Airited with the ci rcumstances, as e , and Mr. Seeker. ..ets were taken b e f ore M r. Burcham Mr. Combs tr , en asked wh a t was t h e present condition of Patrick Gl' atin 4 4 eitendent B ran f or d i n f ormed his worship Mr. Sups t ',r,jured m an was st i ll in a very precarious in the hat .thEle stateie had not b een a bl e to receive any food yet sivr proper manner, and th e surgeons were apprehen e that when he did so the intestines woteld burst, ° Awing to the state of the stomach. He produced the following certificate from Guy's Hospital ; which he had received that morning : " This is to certify that Patrick Griffin is still in dan. ger, although progressing fe,eoneablv. "FR 'eficiS E. GAYLE; Dresser." Mr. Combs said that under those circumstances no evidence could be gon e into that day. The man was not out of danger ; therefore he should remand the pri soners. Mr. Solomon observed that before his worship did that he had an• application to make to him to bail ono of the prisoner', Mr- Coaabe asked whether anything was said about bail by the other magistrates ? Under the circumstances of the, case he should think not. " . ..dr. Solomon replied that he made the application on the last examination, but as it was asserted that the man was in a dying state it was refused. The cir curnstances were now altered, and he was instructed to ask his worship to admit Richard Burchell to bail. Superintendent Branford informed his worship that Richard Burchell was pointed out by the injured man ae having been the party who actually stabbed bin]. Mr. Combe said that he should not admit either of the prisoners to bail. The case was first gone into be fore Mr. Burcham ; therefore he should remand them until some day when be would be in attendance. The prisoners, who seemed quite unconcerned at their perilous position, were then removed from the dock. t Sporting Intelligence. BETTING AT MANCHESTER —TUESDAY. Considering that the Worcester Autumn Meeting commenced to-day, and that the racing seaso❑ is upon the eve of closing, there was a vcry numerous attendance at the Rooms, and a fair amount of business was done upon the Worcester Autumn Handicap and the Autumn Flying Stakes, both of which are now decided. A few investments were made upon the Liverpool Autumn Handicap, Malacca being the favourite, and was backed to win about 5004 at oto 1. December received a little support at 7 to 1 ; that price was afterwards offered. 20 to 1 was taken about the Chicken to win near 2,0001., and 100 to 12 was taken once about G. Drew's lot. A number of' books are opened upon the Chester Cup for next year, 100 to 1 being . the current price against horses not previously laid against. As the entry for this race is not made until the Ist of January, we have no inten tion to make comments, or to girc quotations upon it until the close of the year, unless we observe large in vestments made upon some particular horse or horses. Offers were made to bet a A ain,t anythir g for the Derby, but nothing was backed in our hearing. LIVERPOOL AUTUMN MEETING. 6 to 1 agst Malacca (t.) 7 to 1 agst December (t. and off.) 20 to 1 apt The Chicken (t. f.) 100 to 12 agst G. Dre w's lot (t.) LIVERPOOL AUTUMN MEETING. Weights for the Aintree Plate. One mile. Age et lb Mary 4 8 7 The Earl Jack Sheppard 4 7 12 Alfred 3 7 7 Polmoodie 3 7 6 Excitement ... Gay 4 7 2 Catherine Parr Uzella Age st lb L'Addia 4 6 12 Coal Black Rose 3 6 10 Assailant Our Sal (late She lah) 3 g 0 Janet Kenerdy Sulpitia Sir Humphrey Weights for the Croxteth Welter Cup. Mile and a half. 14 subs. Age st lb Llonzo Wild Huntsman 5 11 2 Lough Biwn Reveillee Catherine Parr Excitement 410 0 Prince of Orange 3 10 0 The Knowsley Nursery Ha: st lb Age st lb Hospitality Red Robin Gaudy Johnny Taft The Sluggard Barflour 3 9 2 King of Scotland 3 9 2 ndicap Stakes. T.Y.O. 33 be, Filly, by Tearaway, out of All's Well 7 4 General Williams 7' 4 Petto Liverpool 7 2 Impostor Schneider 7 0 Admiral Lyons Apothecary 6 10 Ke I/ erdy Sunrise 6 4 Ella The Little Cob Lima 6 2 Sister to Dramatist 6 0 Camberland. Sir Humphrey Old Fashion 8 7 Commoner Mongrel Vaulter Polly Cara Fatima Master Bagot 7 8 Janet Colt by Touchstone, out of Dipthong Odd Trick Yorkshireman 7 4 Zanoni 7 4 Red, White, and Blue 7 4 The Tattler Rickledon Queen Bess 7 4 Violet Fane 7 4 The Sefton Haudical 22 fift Yrs st ib Yrs st lb a 8 71Peter Flat ......... 3 6 10 The Early Bird 5 8 2 Thames Ditton ... 3 6 10 Wild Huntsman 5 8 0 Poimoodie ......... 3 6 6 Yorkshire Grey 4 7 7 Catherine Parr ... 6 6 4 Mary 4 7 5 Excitement ..... 4 6 4 Lough Bawn a7 5 Gaudy Pretty Boy Lundyfoot 3 7 0 Uzella Reveillee Fanny Fern Hospitality Weights for the Hurdle Race. Two miles. 10 subs. Acceptances to be declared on Monday next. Yrs st lb Yrs at lb Titterstone Black Swan Harry Lorrequer 5 10 11 Royalty Lough Bawn alo 6 Boadicea, h b 49 9 Minerva, h b 6lO 6 Croxteth, h b 59 5 ,p. Mile and a Half, lubs. SFIRE WSBURY AI The Shrewsbury Ilandii UTUMN MEETING. icap. About two mileß. Age st lb Tronto Mr. Sykes 6 8 81 Pole Star Lady Tattoo 4 8 5 Hungerford Early Bird 5 7 13 Pretty Boy. 3 7 9 Wild Huntsman 5 7 7 Flatter , .r Y"rkFiiire Grey 4 7 . Hore.ity The Jesuit ". 4 7 3 Pr;odle ............ a 7 2 T -ic,rd Alfred ( Team keeper Braxey Saraband Cockatr ) Qui:dee Mary 4 6 13 Prince of Orange 3 6 10 Lough Bawn a 6 10 The Hind Elastic Lundy Foot .. Venison 4 6 8 Fanny Fern Redemption St. Clare Sirocco Vulcan Siding Cossey The Column Handicap. Al Age at lb Titterstone a G 3 Imogene Red Robin 44 g 3 Preston ~. n 6 3 Syvagee Polruoodie . 3 6 2 Triton F..omeo 13arfleur 3 5 13 Johnny Taft 4 5 12 Culcavy 4 5 11 Laura Selina 4 5 11 Merlin Glen Lee 1 Termagant 3 5 9 1 Moonshine Maid of Derwent 3 5 7 Bay Hilton Coup de Main Peter Flat 3 5 5 Kin;; of Scotland 3 5 5 Night Hawk 3 5 5 Assailant Comedy 3 5 4 Primrose The Shadow 3 5 4 Gaudy Uzella Village Cock 3 5 3 Puck Laird of Hazie wood Meton lout one mile and a quarter. Yra st lb Tronto Early Bird 5 8 11 Flatterer Hungerford Lord Alfred Vandermeulin Wild Huntsman 5 7 8 Claret... Jesuit 4 7 7 Saraband Yorkshire Grey 4 7 6 Mary 4 7 3 Homily Hospitality Lough Bawn a 6 10 Lundyfoot 3 6 10 Stork Venison 4 6 7 Octavia Excitement Gay Bandalore 3 6 3 Alfred Red Robin Syvagee 5 6 2 Titterstone Yrs st lb St. Clare 5 6 1 Romeo Polmoodie Iloon9hin., 4 5 13 Barfieur_ m. by 'Venison Vanity, by Slane 3 5 13 Alma ... Glen Lee King of Scotland 3 5 10 Ld. of Hazlesvood 3 5 'lO Prince's Mizture 3 5 10 Coup de Main Do Ginkel 3 5 9 Peter Flat 3 5 8 Notre Dame 3 5 7 Village Cock 3 5 7 Katherine Logic 3 5 5 Termagant 3 5 5 St. Dun,tan Ephorus 3 5 3 Unita Agra Comedy...- 3 5 2 111eton The Grand Annual Steep] 'echase. About four miles. Yrs at lb Star of the West a 10 6 a 10 0 10 0 P Janus otter Phantom a a 9 10 Hindoo Bruiser Prenez Garde ... a 9 8 Ma!rnesbury Em press TIIE SUN, LONDON, WEDNESDA Y EVENING, NOTEMBEh 5, 1856 llt 1, Ar D. DUBLIN, TUIS4DAY MORNING. THE TIPPERARY BANK. A formiable list of motions in reference to the Tipperary swindle was set in the paper for hearing yesterday, being the commencement of Hilary Term. Two cases come before the Chancellor, neither of which at this stage possessed any feature of interest. The first was an application for an order for liberty to file additional affidavits in a case iu which Mr. Hone, one of the largest share holders, was a party, notwithstanding that the regular time had elapsed. The Chancellor made the order applied for. The second motion was in the more important matter of " O'Flaherty v. W.Dowell, official manager," which stood No. 37 in the list for the present term ; and counsel moved that it might be advanced out of its order, And fixed for Monday or Tuesday week under the peculiar circumstances. It was alleged that there was a vast number of actions pending, in some of which judgment was obtained, and in others scire facial entered, that would be put an end to if the question in the petition matter were decided. If the pending law proceedings were successful in justice would be done, and particular creditors would be enabled to appropriate the assets, to the injury of the body of the creditors ; whereas a decision in the pret'ent suit would put a s t op to such an injusti:e, as it would lead to th e attach ing of the look to. 44;rie persons and not the prope r ti es o f th e Pr'Jperty, and lea ve th e su it ors a t l aw t o Pal: 4 ,les they sued. The question raised was a most Important one, and involved the consideration of the case decided by the late Sir M. O'Loghlen, in the " Agricultural Bank" case. If the Court was of opinion that the decision referred to was good in law, it would, in fact, put an end i to all proceed ings. After con s id era bl e di scuss i on t wag arranged, with the consent of all parties, that the case should be placed at the top of the list for the present term, and be heard immediately after the cases standing over from last term. Th e d ec i s i on in this 'natter, whatever judgment the Court may arrive at, will probably be the turning point as regards the final settlement of the issue between the creditors and the shareholders. NEW QUEEN'S COUNSEL. The long array of Queen's Counsel is, it is said, to be reinforced by three additional calls to the inner bar. The names of the gentlemen are Mr. Alexander Norman, Mr. John Edward Walsh, and Mr. James Lamson, the first of the North-West and the others of the Leinster Circuit. All are, strange to say, quite unknown as politicians, but it is surmised—and no more—that their sympathies lean towards Conservatism. GOVERNMENT PROVISION CONTRACT. The Cork Reporter states that, as there appears to be no prospect this year of any Government contract for beef and pork, almost all the horned cattle and pigs purchased at the recent Irish fairs are for export to England. Prices rule very high, and are, in fact, nearly up to the favourite war standard. Beef averages about 545. per ewt. in the Cork markets. CITY COURT OF SEWERS. Yesterday a court was held; Doputy Peacock in the chair. Deputy _Lott called the attention of the court to a circumstance which he thought was not very creditable to the cemetery authorities of the City of L )11d911. Upon looking over the register of burials at the Ilford Cemetery he had seen that three persons had been buried without the cere• mony of the funeral service. One of them had been buried after a coroner's inquest had been held upon the body. Of the two others he had learned nothing ; but he could not help saying that he felt surprise and disgust at the idea of burying a fellow-creature like a dog. He could not see why the clergymen, if no other person would interfere, did not interpose his authority to prevent such an occurrence. The CHAIRMAN said that Mr. Lott had probably never witnessed funerals in Scotland ; if he had, he would be able to add his testimony to that of the natives, who buried their dead constantly without any ceremony at all. Mr. .law (the chief clerk) said he had found upon inquiry that the friends of the deceased person had not required the performance of the service, and that was the only reason for the omicion. ALLEGED SMOKE NUISANCE. Mr. Daw (the chief clerk) stated that a letter had been received from Sir George Grey, intimat ing that Messrs. Berens and Blomberg, of Cannon street West, complained of the offensive issue of smoke from the premises of Messrs. Alcock and Co., in Old Change. Mr. Mortimer, a very active inspector, in whose district the premises aro situated, was then called and questioned upon the subject. He stated that he had reported some time ago to the court the particulars of the complaint, and had called upon Messrs. Alcock iu order to represent to them the facts mentioned by the gentlemen who complained. Ho was subsequently assured upon authority that the matter had been referred to the surveyors of both parties, and never having heard a repetition of the complaint he considered that the grounds of it were removed. The Court gave immediate directions, upon the motion of Mr. De Jersey, that a book should he prepared in which reports of all matters of com plaint should be entered ; and the most energetic observance should be paid by the inspectors to their particular districts, :so that the necessity of the interference of the Government might be alto gether avoided. It is proper to state that there was no imputa tion cast upon the inspector. Some of the duet-contractors were heavily fined for neglect of duty. ILLEGAL COUNTY COURT NCTICES. At the hearing of a case, Stratton v. Taylor, at the Westbury County Court on Wednesday, defendant handed to the judge (J. G. Smith, Esq.) some papers, among which was a printed form or notice, bearing the royal coat of arms, which he had received from plaintiff before he was proceeded against in the county court. It ran as follows : " I beg to call your attention to the statement of your account below, due to Mr. James Stratton, and to in form you that unless the same be paid on or before --, I shall immediately take proceedings against you in the County Court, according to the act for the recovery of the same, without giving you further notice.--I am, yours, GEORGE HENRY MEAD E. — AIIIOIIIIt due 2/.' OF. ld.—To Mr. William T A yl or ." , " Notice-9 and 10 Viet., cap. 95. And be it enacted, that if a party summoned shall not attend as required by the summons, it shall be lawful for such judge to commit the party so summoned to prison for any period not exceeding 40 days. And it is further'eoacted, that when the judge shall have made au order for the pay ment of the money, and such order he not complied with, the amount shall be recoverable against the goods and chattels of the said party; but should there be no effects, imprisonment for forty days, this term of imprisonment not releasing the party from the said debt." His Honour inquired of Mr. Beaven by whose autho rity the notice was sent ? In reply, Mr. Beaven said it was usual in their firm to send such notices before other proceedings were taken, and that such notices were gene rally sent out by young men employed in Messrs. Strat ton's establi.iament._His Honour made some severe remarks, and condemned the practice in strong terms, and said that the plaintiff had, by sending that notice, rendered himself liable to be indicted for a misdemea nour. It was something to deceive and impose on the public, and to take advantage of the ignorant. He was surprised at their sending such trash to defendant, and he hoped nothing of the kind would occur again, other wise the party sending - it would be punished. His Honour 'gave judgment for the debt, as amended by plaintiff's agent, but refusfid expenses, remarking t hat the fact of sen di ng th a t ill ega l notice was qu it e s ufficient ground to justify him in refusing any special expenses. —Salisbury Journal. Mr. Bruges Fry, Coroner for the Northern Division of Somerset has been appointed by the Judge Registrar of the Axbridge County Court, and the Lord Chancellor has approved of the appointment. From the London Gazette of Last Night. DOWNING-STREET, Nov. 4. The Queen had been pleased to appoint the Rev. Henry Cotterill, M.A , to be ordained and consecrated Bishop of Graham's T own , i n th e co l ony o f t h e C ape of Good Hope, in the room of the Right Rev. John Armstrong, deceased. Her Majesty has also been pleased to appoint Benjamin Chi Hey Catntibell Pine, Esq., to be Governor and Corn mander-in-Chief in and over her Majesty's forts and set tlements, and their dependencies, on the Gold Coast. BOARD OF TRADE, WHITEHALL, Nov. 4. The Right Hon. the Lords of the Committee of Privy Council for Trade and Pllntations have received, through the Secretary of State for Foreign AtLits, a copy of a despatch from her Majesty's Consul-General at Christiania, reporting that the Norwegian Govergment has temporarily prohibited the importation into Norway of cattle from any parts of England and Scotland. BOARD OF TRADE, WHITELIA.LL, Nov. 4. The Right Honourable the Lords of the Committee of Privy Council for Trade and Plantations have received, through the Secretary of State for Foreign Affairs,'a copy of a despatch from her Majesty's Ambassador at Paris, en closing copy of a French Imperid Decree, fixing the im port duties on crystals of soda at 19f. per 109 kilos , and the duty upon ricinus seeds ht the same rate an that charged upon pink and Colza seeds. WAR DEPARTMENT, PALL-MALL, Nov. 4. Ist West India Regiment.—To In Lieutenants, without purchase : Ensign James Moffitt, vice Harrison, deceased. Ensign Arthur William Barron, vice Cannel!, appointed to 30th Foot. Ensign Edward Trevor Dunn, vice King, ap pointed Paymaster of 2nd Dragoon Guards. To be Ensign, without purchase : Charles Pressly Fender, Gent., vice Moffitt. 2nd West India Regiment.—William Hairy M'Coy, Gent., to be Ensign, without purchase. 3d West India Regiment—Ebenezer Rogers, Gent., to be Ensign, without purchase. CHAPLAINS' DEPARTMENT. TO BE CHAPLAINS TO THE FORCES. The Rev. E. W. Milner, M.A. The Rev. C. J. Hort. The Rev. Hugh Huleatt. The Rev. J. A. Crozier, B.A. The Rev. J. W. Hayward, M.A. The Rev. William Sykes. The Rev. J. G. Boudier. ROYAL HOSPITAL, CHELSEA. General the Right Hon. Sir Edward Biakeney, G.C.B, to be Governor, vice General Sir Colin Halkett, G.C.B. General Sir Alexander Woodford, G.C.8., to be Lieut. Governor, vice General Sir Edward Elakeney. ADMIRALTY, NOV. 3. - Vice-Admiral of the Blue Wm. Bowen Mends has been appointed to receive a pension of 159/. a year, ns provided for in her Majesty's Order in Council of 25. h June, 1851, vacant by the decease of Vice Admiral Chas. Jas. John ston, and the name of Vico-Ao.miral Wm. Bowen Mends has been removed to the Reserved Half-pay List accord ingly; and, in consequence of this removal, the following promotions, dated the 17th ultimo, have this day taken place _ _ Rear-Admiral of the Red Sir John Gordon Sim:lair, Bart., to be Vice-Admiral of tho Blue. , Rear• Admiral of the White George Frederick Rich to be Rear-Admiral - of the Red. Rear-Admiral of the Blue the Honourable Frederick William Grey, C. 8., to be Rear-Admiral of the White. Captain the Right Honourable Lord Elward Russell, C. 8., to be Rear-Admiral of the Blue. ADMIRALTY, Nov. 3. The following promotions, dated the 21st ultimo, conse quent on the death, on the 20th ultimo, of Vice-Adtuiral of the Red the honourable Josceline Percy, C. 8., have this day taken place : Vice-Admiral of the Whito Sir James Whiljey Deans Dandas, G.C.8., to be Vice-Admiral of tho Red. Vice-Admiral of th 3 Blue Edward Harvey to be Vice- Admiral of the White. Rear-Admiralsl on the Reserved List George Edward Watts, C. 8., and Hayes O'Grady, to be Vice-Admirals on the Reserved List. Rear-Admiral of the Red the Eight lion. Sir Maurice Frederick Fitzhardinge Berkeley, K.C.8., to be Vice• A dmiral of the Blue. Rear-Admiral of the White Wm. Jas. Hope Johnstouo to be Rear-Admiral of the Red. Rear-Admiral of the Blue Robt. Lambert Baynes, C. 8., to be Rear-Admiral of the Whito. Captain Henry `Volley Bayfield to bo Rear-Admiral of the White. Captains Henry Shovell Marsham, Charles Crowdy, and Thomas Mansel, have also bee❑ promoted to be Retired Rear-Admirals on the terms proposed in the London Gazette of the let September, 189.6, without increase of pay. COMMISSION SIGNED BY THE QUEEN. 2d Royal Lancashire Militia—Robert Brown, Gent., to be Quartermaster. COMMISSIONS SIGNED BY LORDS LIEUTENANT. Royal Cornwall Rangers—Richard Henry Stackhouse Vyvyan to be Ensign. Prince Albert's Own Leicestershire Yeomanry Cavalry —Lieutenant Sir George Howland Beaumont, Bart., to be Captain, vice Clement, resigned ; Coreet William Unwin Heygate to be Lieutenant, vice Beaumont, pro moted. BANKRUPTS. James Watling Knights, corn merchant, Ipswich, to surrender, Nov. 13, at eleven, and Dec. 18, at one, at the Court of Bankruptcy. Johnson, official assignee, Basing hall-street ; Sole, Turner, and Turner, Aldermanbury. Robert Jukes Stirrop, currier, Ironbridge, Salop, Nov. 15, and Dec. 12, at half._ ast eleven, at the Birmingham District Court. Bittleston, official assignee, Birmingham; Motteram and Knight, Birmingham. Charles Hammond Thompson, common brewer, Conis brough, Nov. 22, and Dec. 20, at ten, at the Council-hall, Sheffield. Bre win, official assignee, Sheffield; Unwin, Shef field. David Imrie, mercluint and shipper, Manchester, ,Nov. 19, and Dec. 17, at twelve, at the Manchester District Court. Pott, official assignee, Manchester; Rowley and Son, Manchester. Joseph James Reynolds, share broker, Threadneedle street, Nov. 14, and Dec. 20, at twelve, at tho Court of Bankruptcy,. Whitmore, official assignee, Basinghall street ; Prall, jun., Essex-street, St ran d. Stephen Greaves, cloth manufacturer, Eccleshill, York shire, Nov. 21, and Dec. 19, at eleven, at the Leeds Dis trict Court. Young, official assignee, Leeds ; Bond and Barwick, Leeds. John Doughty, builder and auctioneer, Castle Donning ton, Leicestershire, Nov. 25 and Dec. 16, at half-past ten, at the Shire-hall, Nottingham. Harris, official assignee, Nottingham ; Huish, Castle Donnington, near Derby. Heaton Wright, timber dealer, Burnley, Lancashire, Nor. 17 and Dec. 15, at twelve, at the Manchester Dis trict Court. Fraser, official assignee, Manchester ; Wea therhead and Burr, Keighley ; Sale, Worthington, and Shipman, Manchester. James White, baker, Vauxhall-walk, Surrey, Nov. 14, at half-past one, and Deo. 21, at one, at the Court of Bankruptcy. Cannan, official assignee, Aldermanbury; Abbott, Jenkins, and Abbott, New-inn. Samuel Biggin, Henry Biggin,-and Paul Smith, saw manufacturers, Sheffield, Nov. 22 and Dec. 20, at t en , a t the Council-hall, Sheffield. Brewin, official assignee, Sheffield; Brown, Sheffield. . _ Samuel Biggin, jun., saw manufacturer, Sheffield, Nov. 22 and Doe. 20, at ten, at the Council-hall, Sheffield. Brewin, official assignee,,Sheffield ; B ro adb ent, Sheffield. John Vickers, spirit merchant, High-street, Southwark, Nov. 17 and Dec. 22, at eleven, at the Court of Bank ruptcy. Nicholson, official assignee, Bp.singhall-street ; Biekley, Surrey-street, Strand. Francis Seaward, licensed carman, Abchurch-yard, City, Nov. 12 and Deo. 16, at twelve, at the Court of Bank ruptcy. Graham, official assignee; Chidley, Basinghall street. Samuel Bone, beorshop-keeper, Dagenham, Essex, Nov, 17 and Dec. 22, at twelve, at the Court of Bankruptcy. Hicholson, official assignee, Basinghall-street ; J. and J. . Linklater and Hackwood, Sise-lane, City. SCOTCH SEQUESTRATIONS. D. Walker and Son, auctioneers and appraisers, No. t 6, South Bridge-street, Edinburgh. Malcolm M'Grogor, farmer, grazier, and cattle dealer, Milton of Drimmie, in the couoty of Perth. John Carnduff, tailor and clothier, Edinburgh. CARRYING HOME BIINDLES.—Many people have a contemptible fear of being seen to carry any bundle, however small, having the absurd idea that there is a social degradation in the act. The most trifling, as, well as weighty, packages must be sent home to them, no matter how much to the inconvenience of others. Tnis arises from a low sort of pride. There is a pride that is higher ; that arises from a consciousness of there , being something in the individual not to Ms affected by such accidents—worth and weight of character. This latter pride was exhibited by the son of Jerome Napoleon B maparte. While ho was in college, he was one day carrying - to his room a broom he had just purchased, when he met a friend, who, no ticing the broom, with surprise exclaimed, " Why did not you have it sent home I" "I am not ashamed to carry home anything which belongs to me;" was the sen sible reply of young Bonaparte."—Lord Stanley. LAD VERTIEIRMANT. r AND REARING SPECTACLES, POWERFUL TELESCOPES, OPERA, PAC; AND PERSPECTIVE GLASSES. —Messrs. S. and R. Solonions, opticians, 39, Alhe• marle-street, Piccadilly. Obso:ve—opposite the York Hotel. By her Majesty's' Royal Letters Patent for valuable and extraordinary improvements in the most powerful and brilliant Telescopes, Camp, Racecourse, Opera, and Per. spectivo Glasses, to -know the distances. These telescopes possess such extraordinary powers that some three and a-half inches, with an extra eye-piece, dill show distinctly Jupiter's moons, Saturn's ring, and the double stars. With the same telescope can be seen a person's countenance three miles and a half distant, and an object from 10 to 20 miles. They are of larger and al! Sizes, with increasing powers aceordingly.—T n , Royal Exhibition, 1851. Valuable, newly-invented, very mai', powerful waistcoat-pocket glass, the size of a walnut, by whist a person can be seen and known 1i miles distant ; they answer. everypusrepeoseer;l: the and race-course, c shipse-e e a ti r i e • s e clearly and seenat the at opera to pe 10 miles. rahouses, country u , gla a s u s d es, to w n i a t i h sts w . They are invaluable for shooting, deer -stalking, yachting, to sportsmen, gentlemen,atd g p am er e spe ke c e t p iv e:s pTwee-errrsNeewel y am- eon ' s trz.lt ed Spectacle Lenses of the great estonOdpeerlf.uB transparent power. 7.715 e valuable acli;tintage derived from this invention is, that vision beeoming impaired is preserved and strengthened, and very aged persons are enabled to employ their sight at the most minute occu pation- can see with these lenses of a much less magnify ing power--and they do not require the frequent change, to the dangerous effects of further powerful assistance. Pesons can be suited at the most remote part of the world, by sending one of the glasses out of their spectacles in a letter, and stating the distance from the eyes they can read small newspaper print with it; and those who have not made USC of spe c t ac l es by stating their age. Deaf nets. New Discovery. Th e O rganic Vib ra t or , an ex treo:clinary powerful, small, nowlyinvented instrument for deafness, entirely different from all others, to - surpass any thing of the kind that 'has been, or probably ever .an be, produced. Being of the same colour as the skin, is not per ceptible ; it enables deaf persons to hear distinctly at church and at public assemblies ; , the unpleasant sensation of singing noises in this ears is entirely remove d ; and it affords all the assistance tliat possibly could be desired.-59, Albemarle. 'Street. Piccadilly. Observe—opposite the York Hotel. it lb Mantry Mar Izei;!i, ~_~~~ LI VERPOOL—Nov. 4. - - - There was a fair attendance of the town and country trade to-day, and of buyers from a distance. In whl t the business was chiefly confined to fresh new red Amer' . can, and a fair quantity of which was disposed of at froul 8s 10d to 9s 3d per 701bs, according to quality, being abo ut 2d per 701bs under th e ra t es o f thi s day week. Flour iu limited requ2st. and t o e ff ec t sales holders had to take 6 " per barrel and is per sac k un d er Tuesday's rates. Oats met with a moderate d eman d, at 1d decline on test k i n ds and 2d on inferior. Oatmeal was at a further reduction of is per load on th e wee k. B ar l ey, b eans, an d pe as , be quoted 2d p er 601b s an d 6d t o is por qr. lower. Inw— corn comparatively n eg l ec t e d today, and mixed offeredl: 33s 6d, and yellow a t 34 5 p er qt . , b u t w i t h littl e cit e ' Prime wheat was held at 35s to 35s Gd per qr. HULL—Noy. 4. There.was a f a i r supp l y o f English whe a t to-day, an,-1 O condition bette r th an m i g h t , h ave been expecte d ;.5" d samples fetched the full rates of last Tuesday, inferior 1 0 , damp, being neglected. F ore i gn w h eat in fair retail d 'nand. Barley fully as d ear . B eans if dry goo d to o ' 3 ' soft, neglected, A good demand for linseed cakes. 8 3 I ^.,.. , ~. Wheat, English, red 60 to 74Peas, grey and black --"„ „'''' 63 Ditto white 7O to 78 Linseed, Black Sea... 5 t° 06 Dantzic and Konigs- , (Ditto Petersburgh ... Du berg 72 to 76 Ditto Rigaand Arch- PO PomeranianandHam- 1 angel burgh Danish, Holstein, and 1 Memel 44 to rms. Friesland 6O to 65 per .-„ I ' Russian and Odessa 58 to 65, Lins.c., Hull —/ 01 to I C I 5s u ` . o j 911 5 5 Oats, English Ditto Danish Ditto Friesland Ditto Russian 29 to 31iRape cakes —s Od to Jo.' ,s Barley, malting Ditto grinding 36 to 40'Ditto foreign ...... Ou' i gils° Beans Ditto foreign Peas, white and yel. 40 t o 42 Fl our, per b r l. ......359' LEEDS—Nov. 4. bia t We have a continuance o f d am p, f ogg y w eather; w v7 besS affects the condition of gr a i n , an d our su pplY O' ; f i n e mainly consists of such as is defective in this respl 6/0 dry samples c o mmand l a t e ra t es , b u t a ll o ther sorts o n slow sale at is decline. Barley does not m aterially from Friday. Oth er ar ti c l es i n li m i te d reques t At prices. A average price of grain—Wheat, 67s 10d ; bari 3d ; oats, 30 s 2d ; b eans , 49 3 7d ; peas, , rye, 50s. Od. COURSE OF EXCHANGE.—TurEIvAIt• 4msterdam.... 11 1 5 Gibraltar ...... ••• • • • 59 95 ,, Ditto, three months .. 11 18M Leghorn .. .• ••• • • • •• • Rotterdam ............ 11 18% Genoa ••• • " ' Antwerp .............. 25 42% 111 Ian •• •• Brussels .... •......... 25 42% Venice •• -• 43)4 Hamburgh ............ 13 7'4 Naples ...• •••• " 12 9 , 4 Altona Palermo ...... •• '; '1 9 7 ratis.• •••• •• ,•••••••••• 25 112 g , Messina ........... • • bl 7 Ditto, three months .. 26 75 I Lisbon .. . ........ ••• " 524 Marslillss 25 7734' Oporto • • • • • • Bourdeaux .. • • ........ I Rio Janeiro Frankfort-on.liaine 119% Buenos Ayres ........... Berlin ................ Yew York,6o daye 04% ••• Vienna 10 44 Philadelphia ••• • • •L' 0 0 Trie3te................ 10 46 PRICES OF JOILLIC.',O 0 Petersburg ............ , 37% Foreign Gold in 81111 0 Madrid ......• .... 48 , Portugal Gold Coin •• 0 0 0 Cadiz • ••• • • • • 49 Mexican Dollars .. •• 0 • Barcelona ............ N ew D o llars .• •• •• $ .71n 0•••••••••• •• • • • Silver in bars . • .• SEABORNE MAILS. (ff .ignites that the mails aro sent from the Gen-- 1 Ay the night—and M by the morning—flespatoh.) e n is 1 - >P"/ We el ' ll 0141 Jay whenzau:le in General Pda- 00'UNTIALtit. From who Pert Oispatele IGiverpoo‘ •'" Offici), Londc a.* imerlea(byßrit.paek)2, 4anertcp. (by United Ste IN very Friday .... packet) Amorica (by U. States pazteL) .......... N Australia (via Liver-, Ditto (via Marseilles) N Ditto (via Cape of Good Hops) •• .• .• 90 •• N Africa ( West Coast) ..N exandri a .. N Alexandria Bahamas ......... Belgium Brazil Samos :lyres Cape of Good Hope ..N Capp of Good Hope .4N Cape de Verde ......N Ceylon (see India) (Every Tuesday .. ISouthanaPlP n i Liveroool •'' ;4th and 18th .... (Liverpool •• Dovor -M'• rt° lo ars' i 0° o p c o 4 1 6 w, g o, 16 0 00 110,g 19d of the month ..1 10th 8t 26th of r, o tut bc2Otn of mot. 17th of the month 9th ()lea month 9th of the month sth of the month Uncertain 9t., or cf, , gto•Atir 10th and 26th 4th and 20th uton.,,Yeu.ANTV 1d 8017th of month 4th and 10th 10th and 26th 4th &ULU. of ma i 1 Twice daily PlymolY h Dover •• SouthatoptoL Southaulk )W Dover SoutharaP t° ' Southamptor !Various Porte 16 'tabor:l2oßP 01 0 j ob _ no 1 bD 9' ls i 80/ ru• 1 ,. 16 ofi' d 4 in 1 1" 19 2 an' 21 to c a 00, Tvil e % 5 6, A Channel Isles ~.. China Constantinople .... Constantinople ........ Cont. of Europe M 3z N Egypt (see India) South ath P:i South ainP 091 DOVoi " •• SottatarnP top (Dover v..... France .. :IL & ;31braltar •• •• .• • • ..N Hreeco (see India) Greytown .•... •• •• •• 131 Ilamburgh ilavannall Holland Honduras India (via.outhatript.)M India (via Marseilles)lm lonian Tales (see India) Ireland & Li5b0n..............M Madeira .• • • • • .. •• se Madeira Malta (sec India) Nice daily.... 1,7, 17, 20, 27 ?fm. Dover •"..;0.1, D.nd 16/ titql ist c' j Dail! 1 64. 91 S g 0 1 9 and No 17th of mon.l Daily ... Ind of the month Daily.. ... • l7ta of the month Ith W 20th of moo 10th&16th of moth lg o ,OanaPt2 n pr,ondon ••• • southamPt c, ' Dover ....• SauthaniP Dover ......1 Dover.. • • •• Holy head ,•• Southampton SouthamptOn, Liverpool...) rwice 2d or n o . . ith of mon , 23d or month .. L 0 " Malta •••••• • • 4.4 a Ps lienritiaa (see India) 1, 10, 20, and 26.. !Dover —:::;;; 1 4 .1 i. $; ath 11114 ist I s t it ° 4 vreela Mauritius Mexico Di gaPies , New Granada !few Zealand...... • • • • 20th of the month Ind of the month.. Id Sc 170 of month 4th and 19th mnth Daily tj fir 17th of mon, sth of month .. • . £very Saturday.. 2d &11th otrtionth g ol ithanSPV Dover .....- Southamptm Various port Dover ...• •• Southampton Southampton Various port. , 'Dover Dover .. • • • ilouthampton Papal Btatos Peninsula Peru •• •• •• •• •• • • •,7,4 Port Natal Sicily „ .......... Tuscany •.„*.•• •• PO •• 1 , Venezuela Van Diemen's Lfkad (re. Australia) - West Indies ~ , . ~ooY I'. 1 161610 14th and 18th of TO. MP% 1101.. , rt mtn fionthamotou 1 ja 'lmo' Ali E ll so/ °° ( 4lor When any of these dates fall on a Sunday, the mall 01: 0 0 a epatchea on the following day, w i th the exception guioalse' ,ionthampton), and the Malt a , b oth of Which will be de gP preceding day. i flatulency,netrAe a n s v e z it o t e s cu r E O 3 in:: —tipalt oo l un t t, i m s n w eecii i .i t yc h oi nu p es o e f a b s ii u lin i do • e ti ig w s e, e s tai n on o ndl e di e ilv l se l plaints, cough, asthma, consumption, and dehilitl: foq / Barry's delicious Revalenta Arabica. We quote ing : — Southwick Park, Fareham, Hants, Oct. 3 " t terit: G s Gentlemen, I since re l y th ank you for your kind rabd, When I began t a ki ng the Revalenta I was in as der °O3Y condition as can well be imagined. I was confined Ostig'ey and so weak that. I could neither stand nor wal l 'Ai o e, fot severely from flatul ency, const i pat i on, an d indiges,""ecoVlO being comp e ll e d to have recourse to aperients eve ry l ess third day; and, upon one occasion, I swallowed ri ° A O U t seven doses within twenty-eight hours, under taedie3l4l rig i d There was a giddiness in my head, and a singing,, i t e se ol) car, that when I turned my head on the pillow a .ias 4 '„ i ty the sound produced by a light touch on a faIIISiCIU tl ll 'o4 had a pain and Fort of fullness across the chest, a B° .; n 0 and a slight cough ; but the' pain around n2Y l , °i n for d b great that I could not remain in the same posit i° '; see, 14 9 minutes all night long. The principal seat of the 1 1 -I :at t 'il, to be just below the ribs on my left side, :Ind inches from the backbone. I commenced taking — l , r ta . ,,,a, Revalenta Arabica morning and eve:lino-, boiled in t Oj i ,c 4 salt ; and in less than a fortni g ht my'appetite F a improved. and flatulency and constipation so fa r y that I have not tasted a pill or drug 0 f Tier' A since. I am much s t ronger, can wa lk , ste 3 ,`, o o l V less like a drunken man &c.—Joim VAss, Land Supported by testimonials from the celebrated P r° Ilsr l os , Chemistry Dr. Andrew Ure ; Dr. Shorland ; P„ r „' 1121 4 tie j Dr. Campbell; Dr. Gattiker ; Dr. Winter; (1 10 Lord Stuart de Decies; the Dowager Countee s ~`",,peet P Stuart; Major-Gen. Thomas King, and many other t ;, 4 ll°,l, persons, whose health has been restored by it, a f ,Tolii6 ,l, ; means of cure had failed. Suitably packed for o .'„, b with full instructions. In canisters, 1113., 2s. 9d. ; 51bs., Ils. ; 121b5., 225. ; super-refined, Ilb., 6 0 . EL 2I f ia° flo 51bs., 225.; 101bs., 335. The 101bs. and 121bs. ow? on receipt of post-of/Ice order. Barry du Barry P'pe A t; Regent-street, London ; Fort:2nm, Mason, and Co-, ."' ir str' o pe to her Majesty, Piccadilly; also at 60. Graceeha,„ le 0 3 ,61 330 and 451, Strand; 4, Cheapside ; 68, Cornhill ; lw! t roe t ' gate-street; 55, Char - lag-cross : 54. Upper Baker"' and 150, Oxford-street. BIRTHS.' OP A SOIL 0 fe On the Ist inst., at H uns d on R ec t ory , the Wi to Rey. R. W. Thacker a y. fe On the 3d inst., the wife of Professor Spooner' nary College. OF A DAUGHTER. " 1 On the 2rl in s t., at Grizedale, near Hawkshe$ ci f 0 111 shire, th e w if e o f M ontague A i nslie, Esq. Aro. On the 3d i ns t., a t 62, Lincoln' s -i nn -fields, ''' Edwards Liberty. MAR RIED. Pao (? On the 30th ult., at the parish church of St' u the Rev. James Joyce Evans, Trin. Coll. Cant s ' 4 O lain to the Home and Colonial Training I ns titutio n ' rietta Maria. third surviving (laughter of R. 0 2 11 t lan, Eqq., of Camden•road-villas, Regent's-pral'izobc f r o' On the Ist inst., at St. Mark's,'Surbiton, Afr• g l)t e ol' Martin, of Surbiton-hill, to Fdeanoe, youngest dsubeti° the late William Rice Holroyd, Esq., o f Northu ni street, Strand. 1 ,1 On the 30th ult., at Tredwyan, Carmarthen ' . c o l , Richards, Esq., aged 91. tu, 6 W 6 ' Alf' On the 2d inst.,at Man c h es t er - square , Elizsbe 1 ( of the late Joseph Const an ti ne C arpue, E sq ., A. -iceo ,l On the 30th ult,, at Da ren th, near D ar tford, "" .011! DI Ep. .00) Richard Rogers - Worthington Rears], aged 8 1 .; . 01 11 f ofi On the :10th ult., at Chaitorhouse-square, J r °';' ) er,•"' o 'res Esq., formerly Deputy-Assistant-Cominissarr'' fi e J''' i n th , d , afterwards British Vice-Consul at Prevesa, cl , " aged 74. 0 P r° j On the 3d. inst., Elizabeth, wife of Mr. T. -' c m- fi l % of Great Dover -street. Southwark. ' 00 On the 3d inst., at Cadogan-road, Surbito, l3 , Afil l i Wiltshire, aged 50. q tb , Do v On the 3d inst ~ at 13, Eccleston-street .e,,," a - Norrish, widow of the late Edward Chard, - o ' l ' oil' OX Sutton, Somerset, aged 63. On the 4th inst., at his residence, Chari burl' til a Samuel Saunder, Esq., aged 83. Luca' On the 4th inst., at 25, Torrington-squar e, youngest daughter of Mr. Pattison. iro jt? LONDON : Printed and Published by I,lTJEP' nf ijoso d tl of No. 112, Strand, Printer, at Tie 3 10 co il ' 112, Strand, in the Precinct of the Savoy, il l .; of bliddleeer, Pirednerasy, November 5, 16uu. !T WI°