The Sun. — London, England, 1856-11-28 00:00:00

Trig d Secretary of St a t e f or W ar h av i ng etermined that a beestablished in the Royal Arsenal for the Education of the Boys ihall employed in the several De partments, applications for the situation of RESIDENT SCHOOL MASTER may be made in person or by writing to Captain OrrR.A., Royal Laboratory, the Arsenal, Woolwich, from whom all informa tion on this subject may be obtained. Salary, 120/.per annum, with a House. War Department, Pall-mapn, 27th November, 1856. -PRIZE CATTLE SHOW o f the SMITHFIELD cLIIII.—The Annual Exhibition of Prize Cattle, Seeds, Roots, impdlements, &c., commences on Tu es d ay Morning and closes on Friay Evening-9th, 10th, llth, and 12th December. BAZAAR, Ximr-street and Baker -street. Open from daylight till nine in the evening. Admittance-One Shilling. ESTAB LISHED 1837. BRITANNIALIFE ASSURANCE COM PANY, Zm powered bySpeclal Act of Parliament, 4 Viet., cap. 9, and BRITANNIA MUTUAL LIFE ASSOCIATION, Empowered by Her Majesty's Royal Letters Patent. 1, Princes-street, Bank, London. MAJOR-GENERAL ALEXANDER, Blackheath-park, Chairman. Number of Policies issued, upwards of 11,000. Annual Income from Premiums (exclusive of Interest on Invest ments) upwards of 8 4,0001. Rates of Premium reduced to the lowest possible Belle compatible with security, and computed in such variety of ways as to suit the ircnmStance3 and convenience of every class of Policy-holders. - E. R. FOSTER, Resident Director. ANDREW FRANCIS, secretary. CONTRACT FOR STOCKS AND CAPS FOR THE ROYAL MARINES. Department of the Comptroller foi Victualling, Somerset-place, 26th November, 1856. PHE Commissioners for Executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, do hereby give notice, that on MONDAY, the 15th De cember next, at One o'clock, t hey will be ready to treat with itch persons as may be willing to Contract for sppplying and delivering Into her M a j es t y ' s V ictualling Stores at De ptford all such quantities of STOCKS and CAPS, with BALLS, as shall (rein time to time be demanded, for the use of the Royal Marines, for 12 months cert a i n , and farther until the expiration of 3 months' warning. The conditions of the revised contract may be seen at the said office, and patterns at the Marine Office, 15, Duke-street, West- Minster, between the hours of 11 and 2. No tender will be received after One o'clock on the day of treaty, nor any noticed unless made oa the printed form provided for the purpose, and which may be obtained on application at the said office. Every tender must be addressed to the Secretary of the Admiralty. and bear in the left-hand corner the words " Tender for Stocks and Caps, With Balls," and must also be delivered at Somerset-place. INVESTMENTS in BRITISH MINES.-Frill particulars of the most important Dividend and Progressive Minas will be found in the Fourth Edition of BRITISH MINES CONSIDERED AS .AN INVESTMENT, recently published 1)y J. ' 'MURCHISON, Esq.. EG.A., PALS., mier 5 1 1-Gd..; by piist is. M. MURCHISON also . publishes a QUARTERLY REVIEW of B RITISH MINING, givin g the position and prospects of the Mines at the end of each quarter, the dividends paid, & c. The Review for the quarter ending 30th Sept. last contains a Map of the Bassett d ktrict, price Is. "The book will be found extremely valuable.". " A valuable little book."—Globe "A valuable guide to investors."—Herapath. "A useful little volume."—Morning Herald. "Of great value to capitalists."—Sunderland Times. Parties requiring information on mining investments will find no better and safer in truetor than Mr Murchison."—Leeds Times. " One of the most valuable mining publications which has come under our notice, and contains more information than any other on the subject of which it treats " Derby Telegraph. " To those who wish to invest capital in Brltish Mines, this work is of the first importance."—Welshman. "This work enables the capitalist to invest on sound principles ; it is, in truth, an excellent guide "—Plymouth Journal. Copies of the above publications can be obtained at Mr. Mur bison's offices, 117, Hishopsgate-street Within, London ; and reliable Infor mation and advice will be given at any time to those who may re quire it. '- Observer. PIMLICO IMPR OVEMENTS.—ExtensiOn of Time for Compulsory Purchase. NOTICE IS HEREBY GIVEN, That application is in tended to be made to Parliament, in the next session, for an Act to ext en d th e ti me granted by " The Pimlico lintroie ment Act, 1853" (public), for the compulsory purchase of lands, tenements, and hereditaments, authorised by the said Act, and also by the Act of the 15th and 16th Victoria, cap. 78 (public), to be purchased or taken by the CommissioOers of her Majesty's Works and Public Buildings, for the Purposes of the said Acts, or either of them. Dated this seventh day of November, one thousand eight hundred and fifty-six. By order of the Commissioners of her Majesty's Works and Public Buildings. JOHN GARDINER, Solicitor, I Board of Works, Szc., Whitehall-place, Westminster. PUBLIC OFFICES EXT ENSION,-- NOTICE IS HEREBY GIVEN, ThA ap plication is intended to be made to Parliament, in the next session, for an act to empower the Commissioners of her Ma jesty's Works and Public Buildings to pull down and remove certain houses and tenements, situate in Upper Crown-street, Crowe-court, Lower Crown-street, Charles-street, bulte street, Upper Charles street, King street, Whitehall, and Parliament-street, in the parish of Saint Margaret, Westmins ter, in the county of Middlesex ; and to appropriate the sites of the said houses and tenements, and a small portion of Saint James's-park, and all the ground described in the plan hereinafter referred to, whether now used as streets, ways, yards, pleasure grounds, vacant ground, or otherwise, as a site or sites for the erection thereon of offices for the public service.. Also to empower the said Commissioners to stop up any streets, ways, paths, or passages which now lead into, or pass upon, through, or over the site hereinbefore de scribed, or any part thereof; and in such act powers will be contained for the compulsory purchase of all such lands, tene ments, or hereditaments as may be necessary for carrying the purposes aforesaid into effect, and to vary or extinguish all rights and privileges in any manner connected with the lauds, tenements, or hereditaments proposed to be taken for the purposes aforesaid. And Notice is hereby further Given, that a duplicate plan and section, describing the situation of the houses and tone- Monts proposed to be pulled down and removed, with a book of reference thereto, containing the names of the owners, or reputed owners, lessees, or reputed lessees, and occupiers of the said houses and tenements, and also a copy of this notice, as published in the London Gazette, will, on or before the 30th day of November instant be deposited for public inspec tion with the Clerk of the Peace for the county of Middlesex, at his office, at the Sessions House, Clerkenwell, in the said county of Middlesex ; and with the Clerk of the Peace for tho city and liberty of Westminster, at his office, at the Sessiotls House, Cl er k enwell aforesaid ; and that on or before tile said 30 th day of November instant, a copy o f th e sa id plan and book o f re f erence, and also a copy of this notice as published in the London Gazette, will be deposited with the Parish Clerk of the said parish of Saint Margaret, Westminster, at Lis place of abode. Dated this seventh day of November, one thousand eight hundred and fifty-six. By order of the Commissioners of her Majesty's Works and Public Buildings. JOHN GARDINER, Solicitor, Board of Works, &c., Whitehall-place, Westminster. _ PROSPECTUS of the NEXT EXAMINA TION for ADMISSION to the ROYAL MILITARY ACADEMY at Woolwich. N.B. No more direct appointments will be made to Provi sional Commissions in the Royal Artillery. An Examination for the admission of Cadets to the Royal Military Academy at the will be held in London in the month of June, 1857. Provided a sufficient number are found competent, thirty admissions will be made to that Institution ; candidates must be between the ages of 17 and 20 years. Those, however who have not exceeded 20 years of age on the Ist Jan. next', will not be considered disqualified. The successful candidates will remain under instruction until they are sufficiently advanced in scientific knowledge to pass a satisfactory examination, and they will then receive commissions in the Royal Aril. or Royal Engineers. They will be required to pay a sum •f 221. 10s, on admission, to cover the expense of uniform, books, sac., and a contribution of 62/. 10s. for each half-year of the time during which they remain at the Academy. The half -yearly contributions, however, for sons and orphans of naval and military officers, will be regulated at the following rates, as heretofore : For Sons of admirals and generals having regiments,,,. £4O Sons of generals without regiments Sees of capt a i ns an d commanders of the navy andf o colonel and regi men t a l field officer of the army •• 30 Sens of all officers of the N av y an d Arm under above ranks y the Sons of officers of th e A rmy and Navy who have 20 died in the service, and whose families are proved to be left in peccuiary distress paid only on the commissions as field officers, will pay the s ame contribution ir as the sons of field officers. The sons of officers on full and if pay will pay alike eons of officers who have voluntarily retired on half-pay, ;buro received the difference, will only be admitted on the terms prescribed for the sons of private gentlemen, viz., 62/. 10s. for each half-year. The sons of officers in the civil departments of the Army are admissible to the Academy upon the same terms as those prescribed for the sons of Naval and military officers. The admissions will be determined by the result of a compe titive e xamination, the subjects of which will be as follows : Pure and Mixed Mathematics, i.e., Statics, Dynamics, and Hydrostatics .................................... .......... 3,500 English Language, Literature, Composition, History, and Geography .............................................. 1,250 Language, Literatnre, Geography, and History of Ancient Rome and of Ancient Greece .. ................ 1,750 Ditto ditto ditto of France 1,000 Ditto ditto ditto of Germany 750 (The examination in French and German will be both written and viva voce). Experimental Sciences, C1'0,14417, Heat, Electri city, including Magnetism Natural Sciences, Min eralogy,;;,;',i . d' c : i ................. ... 1,000 Moral and Political Sciences ..... ... °gY .............. 750 Drawing, i.e., Elementary Geo . m . et .......... ...... . 1,000 eluding the use of Drawing Instruments, -Z ig ' in- Machinery, Architectural, En gineerin g, ' - 1. either scapo Drawing ....................... , ......... 7 f1t1.... .... ..... 1,000 No candidate will be allowed to be examin4 ... T i r e than five subjects of which one must be Mathematics, who does not obtain at least one-fifth of the allotted n no o h n e e i of marks in this subject will be eligible for an app oint - m a :a n • From the other subjects of examination each candideautbeimocatY, select those in which he desires to be examined ; but no one will be allowed to count the marks gained i n any _ unless those marks shall at least amount to one six of the total number of marks allotted to that subject. No candidate will be admitted into the Royal Military Academy unless he obtain an aggregate of 3,000 marks at east. An y candidate who shall not select French and drawing among subjects for his examination, will be required to sa tisfy the examiners that he has such knowledge, at least of the elements of these two subjects, as shall afford reasonable expectation that he will perfect himself in both during his residence at the Academy. each The followiu,g paper s will b e requ i re d t o b e t ransm itt e d b y Withc gentleman to th e W ar Department, before the Ist June, his a pplication to be noted as a candifiate, unless he shall notify that ho has been a candidate at a previous exami nation, in which case the statement of subjects only need ac company the application :- 1. An extract 4om the register of his baptism, or in de fault of that, a certificate verified by affidavit. 2. A certificate of geed moral character, signed by a cler gyman of the parish to which he belongs, and by the tutor or heed of the school or college at which be has received his education for at least two years, or such other proof of good Moral characte r as w ill be satisfactory to the Secretary of Stat e . 3. A statement of the subjects of examination in which (in addition to mathematics) lie may desire to be examined. All candidates, will be required to present themselves at the place of ex amination, hereafter to be determined, in order to be inspected by military surgeons, that It may Le ascertained they te free from any bodily defects or ailments . l lated to interferewwilithbtlte performance of i.nilitary duties': a eu Notice n a month previously in the publ* • papers, of the plac 5 give '. "- e and days appointed for holding the ex-areination. War H. B. DREWRY DeArtment, Pall-Mall, Nov. 14, 1836. (No. 20,107.) PUBLICATIONS. MRS. GORE'S NEW NOVEL. Now re,nly at all the libraries, in 3 vols., LIFE'S LESSONS By Mrs. GORE. Hirst and Blackett, Publishers, successors to Henry Colburn, 13, Great Marlborough-street. On Saturday will be published, price Is., 1 R. VERDANT GREEN MARRIED AND X. DONE h OR; being the Third and Concluding Part of the Adventures of Mr. Verdant Green, an Oxford Freshman. By 4 UPFIBERT BEDE, B.A. "A college joke to cure the damps." London: James Blackwood, Paternoster row. COLBURN'S NEW MONTHLY MAGAZINE. Edited by W. HARRISON AINSWORTII, rsry. CONTENTS FOR DECEMBER. No. CCCCXXXII. Adventare in the Arctic Regions. Jane Dixon. By the Author of "Ashley." Anne of Brittany.. By Sir Nattundel., New-Year Prospects and Party Politics. By Cyrns Redding. Joshua Tubbs. By E. I'. Rowsell. History of the Newspaper Press. By Alexander Andrews. Our Butcher's Bill. A Swedish Voyage . Round the World. Translated by Mrs. Bushby. Eutrapelia. Social Life in Past Centuries. • An Italian Sketch. By Florentia. _ Chapman and Hall, 193, Piccadilly. *** Sold by all Booksellers and Newsmen. The Third Edition. Just rublished, price ss. by post, free, ss. 6d ON TRUE & FALSE SPER&A.TORRIREA, with the View of distinguishing the Imaginary from the Real Sufferers under this disease, and Correcting of wide-spread Errors in relation to their•Treatraent and Cure. Translated from the German of Dr. PICKFORD. "Dr. Plakiord is known to English reseurs tr.v.intrit-prnetl :al contributions to Gorman medical literature. This is the first time, he informs us, that ho has addressed himself t o th e non-m(oi sal reader. We trusti this may not be the last, if he shall detect any. ether equally flagrant evil which it may be in his power to cor rect."—London Medical Gazette. "The tribe of Quiet Sympathisers,' and 'Medical Friends,' are mercilessly exposed; and if • this ho°k °onto find its way into the hands of tholus who suffer from the com plaint o: welch it treats, we are satisfied that many hundreds would f‘.: saved much needless suffering of body and mind, and what is of !oss importance, though it is that which the quacks most win— o:inch money ......This volume is well qualified to put an end to the mpirical system cf treating Spermatorrhosa, and to place the treat ment upon a mor e rat i onal and pl , y , lological ' hasis. It is, therifore, Ikely to do mu c h Coed."—Medical Circular. London: TI. naliiere, 219, ger:ea-atm% MR. ALBERT SMITH'S MONT BLANC and BADEN TO-NIGHT at 8 o'clock.—Egyptian Hall. SACRED HARMONIC SOCIETY .-EXETER / 4 ALL.—Conductor, Mr. CO , PA.—THIS EVENING (Friday, 28th November), Handol's SOLOMON. Vocalists—Madame Rude!". dorff, Miss Sherrington, Miss Doll4y ; Mr. Montem Smith and Mr. Thomas, with Orchestra of nearly 700 Performers. Tickets, 35., 55., and his. 6d., or Season Subscriptions, One, Two, or Three Guineas each, may be had at the Society's Office, No. 6, in Exeter Hall. ARGYLL ROOMS.-LAIIRENT'S CASINO, Great Windmill-street, St. James's.—The above clegan 1?ooms are now open every evening for the winter season, with Laurent's celebrated Orchestra. Principal. Dornet-a-piston, M. ouleourt. The Proprietor begs to inform the public that this fashionable p'aCe of resort htv been entirely redecorated during the recess. Doors open at half-past eight, commence at nine. Admis sion One • • • D R.. KAHN'S ANATOMICAL MUSEUM, 4, Coventry-street, Leicester-square.—Open (for Gentlemen n I Y) front 10 till 10, containing upwards of one thousand models 'rid preparations, illustrating every part of the human frame in bealth and disease, the race of men, &c. Lectures delivered at 12, 2,4, and half-past 7, by Dr. G. SEXTON, F.R.G.S. ; and a new and lighly-interesting series of Lectures Is now in course of delivery by Dr. KAIIN, at a quarter past 8 p.m. precisely. Admission, One Shilling. . T HE TRUST and LOAN COMPANY of UPPKIt ADA. NOTICE IS HEREBY GIVEN,CA T N hat an EXTRAORDINARY GENERAL MEETING oLShareholders in this Company will be held on TTJESD tY, the 2d of December, at 1 o'clock p.m., at the Offices, 65, Moorgate.street, far the purpose of declaring a dividend on the Capital Stock of the Company. The Transfer Books wi l be closed from the 25th instant to the 3d December. • By order. • T. MACDONALD, Secretary. 65, Moorgate-street, November 19th, 1856. nYSTERS, BARRELLED.—Th e BURNHAM V RIVER NATIVE OYSTERS are the best in the world—six years old-four hours from the beds To be had only at J. SWEET ING'S FISH and OYSTER ESTABLISHMENT, 159, Cheapside. J. S always has the largest supply of the best Fish in season, at the dom lowest market pr i ce: In ordering Fish it will be desirable to state for hove m any persons it i s requ i re d , an d w h e th er f or v i s it ors o r gitte estic use. ntion. Su perior Oyster Rooms. A post-offi ce or d er or re f erence w ill h av e prompt TO LOVERS of FlSH.—Fifth Season.— Genuine RKOITTT•I BLO ese steemed delicacies YA forwarded to all parts, on ATERS. receipt o Th f the amouhighly nt, as under, in penny postage stamps, or .Post-oilice order :- 100 prime 100 eSpeclally Bs. 4d. Package Included. • 50 ditto 4s. Gd. Send full and plain directions, county, and nearest station. Ad dress, THOMAS LETTES, Jun., Fish Curer, Great Yarmouth. IMPOItTANT TO EVERY MAN WHO KEEPS A MORSE, COW, SHEEP, OR PIG. THORLEY'S• FOOD FOR CATTLE. THE CHEAPEST AND BEST EVER YET INTRODUCED ! Sold in Cases containing 448 Packages—each Package One Feed, at the cost of i hree Half.pencs each, equal to 565. per case. Carriage palo to any railway station. None are genuine without my signature— JOSEPH THORLEY, the Inventor, 115, High-street, Hull. Post-oftice Orders must be made payable as above. lir R. HOWARD, surgeon-Dentist, 52, Fleet street, has introduced an entirely new description of ARTI- V 5 ICIAL TEETH Axed without springs, wires, or ligatures. They so , erfectly resemble the natttral teeth as not to be distinguished from he original by the closest observer; they will never change colour or 'ecay, and will be found very superior to any teeth ever before used. ;his method does not require the extraction of roots, or any painful operation, and will support and preserve teeth that are loose, and is liaranteed to restore articulation and mastication. Decayed teeth rendered sound and useful in mastication.-52, Fleet -street. At , ome from ten till five. B LAIR'S GOUT AND RHEUMATIC PILLS. price Is. lIA d. and 2s. 9d. per box. This preparation is ono of the benefits which the science of modern chemistry has conferred upon mankind ; for during the first twenty years of the present century to speak of a cure for the Gout was con sidered a romance ; but now the efficacy and safety of this medicine is so fully demonstrated by unsolicited testimonials from persons in every rank of life that public opinion proclaims this as one of the most important discoveries of the present age. Further proof of the great efficacy of BLAIR'i GOUT and RHETT MATTO PILLS, forwarded by Air. Reinhardt, Chemist, Hull : Sir,—Enclosed is a testimonial from a customer of mine, who is well known about here ; he speaks in the highest terms of Illair's Gout and Rheumatic Pills, and would be glad to give information to anybody. " To Mr. Reinhardt, 22 Market-place, Inn. "December 4th, 1855. "Dear Sir,—l have been aidfcted with rheumatism for 1 2 years, during which time I have tried almost everything, both internally and externally, but could not obtain any permanent relief. A short time ago I purchased a 2s. 9,1. box of illait's Pills of you, and before I had taken the whole of them I was more free from pain than I had been for the last dozen years. You will please let me have another box, as I mean to keep them by me in case I should again require them, and oblige, "Dear Sir, yours obediently, GAMESS." gold by Prout and. Ihrsant, 229, Strand, London, and all Ven dors or Illedicine. A. NEW AND IMPORTANT DISCOVERY IN THE SCIENCE OF MEDICINE. Patent Office Seal of Oreat Britain. Diplome d'Ecole de Pharmacie Pharmacien de Paris. Imperial College of Medicine, Vienna. TIM:SE:MAR No. 1,2, and 3, prepared in the form of a lozenge, devoid of taste or smell, and can be carried in the waistcoat pocket. , old in tin ca,es, divided into separate doses, as administered by Valpeau, Lallemand, Roux, Ricord, &c., &c. TRIESEMAR No. 1 is a Remedy for RE LAXATION, sPERMATORRHCEA, and all the distressing consequences arising from early abuse,lndiscrirainate excesses, or too long residence in hot climates. It has restored bodily and sexual treng,th and vigour to thousands of debilitated individuals who are now in the enisyment of health and the Functions cif Manhood; and whatever may be the cause for DISQUALIFICATIONS for MAR RIAGE, they are effectually subduel by this Wonderful Discovery. TRIESEMAR No. 11., effectually, in the short space of three days, completely and entirely eradicates all traces of Conorrlicea, both in its mild and aggravated forms, Gleets, Strictures, Irritation of the Bladder, Non-retention of Urine, Pains of the Loins and Kidneys, and those disorders which Copaivi and Cubebs have so long been thought an antidote for, to the tutu of the health of a vast portion of the population. TRIESEMAR No. 111., is the great Continental Remedy for Syphilis and Secondary Symp toms. It also constitutes a certain cure for Scurvy, Scrofula, and all Cutaneous Eruptions, removing and expelling in its course all corrup , tons and impurities from the vital stream, as altogether to eradicate the virus of disease, and expell it with the insensible perspiration through the medium of the pores of the skin and urine, and is a never-failing remedy for that class of disorders which unfortunately the English Physician treats with Mercury, to the inevitable destruc tion of the patient's constitution, and which all the sarsaparilla in the world cannot restore. _ Price I Is., or four cases in one for 335„ which saves Ils., and in M. ases, whereby there is a saving of I/. 12s. To be had wholesale and retail in London, of Derby and Gordon, 140, Leadenhall-street ; Prout, 229, Strand; Hannay and Co., 63, Oxford-street ; Sanger, 150, Oxford-street. IIUMAN FRAILTY ; a Popular Medi c al work, price Is., post free, beautifully illustrated with 100 engravi n gs, a nd containin g th e op i n i o ns of Valpeau, Lalleinand, Roux, lti cor d, 84 e. It giv es copious instruc ti ons f o r the perfect re!torati c n o f th ose state, who itre prevented by impediments from entering nib) the married also showing the dread tul results from early abuse, gonorrhoea, and B Yphilis, and th e b ene fit s ar i s ing trout the chemical tests and e . a e rnin ation of the s p e r ma t oz a, by the author's newly-constructed u with powerful lenses. —Piper and Co. , 23 , Paternoster mid from all agents for the sale of "Triesemar." THE PLAYIN G AT HANGING NEAR day the three b Firth , Benjamin Pres oys, named Joshua ton ' brought before in th a e us W i , od Abraham Sharpe, were agaLEEDS.—On Tues g magistrates, at c age d 10 years, by n g "tth d id e i a n th of ' ',Tobn Harris, tying him to a crane, on the 3d of October, red atley. appeo our The particulars of the case have already Leeds, charged with columns. The facts were briefly these :—On the morn ing of the 3il of October the four boys were playing in the top storey of Mr. Jobb's factory at Batley, when the prisoners seiz,..d Flarris against his will, and, say- Im►nediately that they would hang him, tied him to a crane. Immediately afterwards the crane was set in motion by some one on the bottom floor of the factory, and the poor lad was drawn up and severely crushed between the roller of the crane and the ceiling. After the lapse of a week he was removed to the Leeds Infirmary, where he died on Tuesday morning from injury to the spine. After the examination of tile house surgeon, the prison ers were committed for trial on the charge of manslaugh ter, the bench offering to take bail, their parents in 201. 1 each, and two sureties in 20/, each, /(7 1- t e . . , e." ~.. -. i..... ...... ~ Pi t h •. ~,;•*, Yo : .44 •;it ) ~.‘ • - i----- ,-,,, t\ ii , 4 0 , -, it rg q ..6 0 , - - - -, - ---, L 2 1 % 41-." ":‘ , 1 " • ~, ...„ 0 , 2 . . 0.t;1- at .., ..: 4 • .\ 1, •5 ,, • --, h, , 4, Pll'-' 1 , lrt Is,:' • . • . , ''' - 'v.. , •- ill ot ,-.., likr.k -It -----, --dike • . -c. _ i cri; ~,,,..._. ..,.. ,..4 , z ,--,... 41„447. . i1i\ ---..... - , ,v , i , -..., ~,, 1 ...... ~,,„ \\•\ ~ (---,' ) ..,k,- -3 , --ios .^43 P , , . - If T' , I '''' :ri,'"- '... t0 14 ~\,. 4 •--- --- :---‘: 4';': '„,.. _. - ' 4Ol- 71 . ~) 1 Q ' ; S 4--. ., / * 7 , , 4, j 1 L + '---...-. '' /I \ ,-'' .'.- ;, ei 4. '4 , # , ~ • - ~:_. 0 ,14,61 5 4) . . 1 , .01 - E, 0 1 m+, wilf 1 / 4 0 4,0 , .•,,,,„,•-, '' ' ROll.l. •• N c;*, " 14- -..: ' 'nfv.L..< •-• k I "N__,,,q1 . 1,. < \ , Ns_ [PRICE 4D. STAMPED Sii• press the gratifica!len I feel ea hearing tbe announcement . which hainow, unexpectedly on my part, been made on behalf of the directors, and most sincerely do I hope that the arrangement which is in contemplation will be car ried cut, a duty nut merely on the :pounds adverted to b3f Mr. Linklater---namely, with reference to the interest which the creditors, the peculiar objects of this Court, and the ebareholthre, also the peculiar objects of the • Court of Chancery, have - in the success of that contem plated arrangement, but more especially upon a ground which it was not so competent, not so much within the province of Mr. Linklater or of Mr. Taylor to ad vert to-as it is within my own province to call your atten tion to it. 1 refer particularly to that ' inquiry into the abuses in the forniation or management of the Royal British Bank, and into the causes of the failure of that bank, to which your Honour, in the decision you pronounced confirming the adjudi !alien in bankruptcy, cancel so prominently and emphatically the attention of the directors themselves in that part of your decision which I will take the liberty of quoting—" I would further ob9.erve that the (flay of inquiry which is thrown upon the' Court of Bankruptcy, relating to the cause of failure of companies which may be brought under the act, and to the formation and management of such com panies, and the onus which by the ac t i s cast upon the _ _ .. .. Goveremont of instituting any prosecution or other pr; needing, if directed by the Attorney-General against the directors or other officers of the company, seems to render these statutes of the 7th and Bth Victoria, chap. • 111, as peculiarly fi!ted for commercial companies unable to meet their pecuniary engagements, and this, whether considered with reference to the accusaiion or exculpa tion of the officers of the company." When that sen tence was uttered by your Honour—it struck me with peculiar force and appropriateness, piaci...with reference to the observation by which your decision was followed np y Mr. Commissioner Goulburn, expressing not only his entire concurrence i❑ what you said, but expressing his " earnest wish that all parties wou'd give their bug: at tention to all that has fallen from him, because I am persuaded that if they do so calmly and dispassionately, they can arrive but at one conclusion, that is, that the present course of proceedings is one in all respects most beneficial to the creditors, and that it ought to he sus tained for the benefit of all parties ;"—when I read that observation coupled with what had fallen from your honour, I was at once induced to pause in the count) which up to that time the directors had pur suel under my advice—namely, in showing cause against the original adjudicatiou. I did so, and within two days from that time I addressed to the directors a letter, convening them to consider the im portant question of whether or not they should appeal against the adjudication, expressly on the ground that their own honour was personally concerned in the issue as to the determination they should come to, and that not merely with reference to the inquiry referred to in those observations of your Honour, but also with refer ence to the duties which it was incumbent on them as directors of the bank to discharge towards creditors in the present emergency as well as towards those share holders whose interests, so long as the bank was con sidered by them flourishing and carrying on its affairs prosperously, were peculiarly confided to them. They did so, and within 21 days took place that argument in the Court of Chancery which davelopes still more fully to their minds and to my own all the arguments appli cable to establish the position upon which your judgment was founded, and it was peculiarly the interest of credi tors, but that it was not less the interest of the share holders that the jurisdiction of the two courts should be maintained. In addition to these observations came with full force that peculiar one to wnich I am now re ferring—namely, that it was only through the instru mentality of this Court that the directors and officers of the bank, who at present are undoubtedly, naturally, and necessarily under a cloud of suspicion in the public mind, could find in this court an opportunity of publicly exculpating themselves, and submitting to an inquiry which will enable them to bring forward all those facts upon which their exculpation depends. You will per haps allow me to add, with reference to the peculiar ex pression in the passage—namely, the officers as well as directors of the establishment, I, as one of those officers (having been secretary as well as solicitor to the bank) did most anxiously second the spirit of those observations, which were no doubt intended to weigh upon the direc tors themselves, feeling, as I do, that lam myself person ally interested in having that inquiry, and that oppor tunity of exculpation which this Court alone can afford, and that I hope that such an opportunity will be afforded if the arrangement that has been referred to has been carried out, as I most sincerely trust it will be. It must be borne in mind that there are in con- nection with the parties referred to both the directors and officers of the establishment, individuals upon whom the misfortune that has befallen to this bank will have an effect not less deplorable thanthat which itis calculated to have upon shareholders as well a 3 upon creditors ; that many of them will be placed - in a position in which they will have to begin the world anew ; and that the greatest obstruction to their success in the future efforts imposed upon them will be that suspicion which the failure of the batik now subjects them to ; so that nothing could be more appropriate to the objects of their pre sent desires and ends than that the inquiry should take place which should give an opportunity of establishing, if they can, their innocence in the eyes of the world. With these observations you will permit me to express my . acquiescence in the course suggested, and I hope the arrangements referred to will be successfully carried out, and that promptly. The Commissioner —I quite concur with the observa .. tions made so far as relates to the course taken by the directors and officers of the company ; and, as I said in the judgment I delivered, I felt that, as the opportunity was given to the directors and officers by the 7 and 8 Viet., c. 111, an inquiry into the formation and manage ment of the company was quite as much for the benefit of the directors aud officers of the company themselves as for any parties interested in winding up the affairs of the company, because it immediately gave them an op portunity of explaining, if they could do so, any suspi cions that may be cast '!upon them in the management of the company, and they will then have a formal judg ment of a court of justice exculpating them ; or if unfor tunateiy the reverse should turn out to be the case, they must, of c)urse, submit to the proceedings referred to by the act of Parliament. But the great thing is this, that, in all cases of failure, in the absence of inquiry, suspi cions necessarily attach to various persons, and reports get about, probably without any foundation, and persons therefore may suffer most materially in their future pros pects, when, perhaps, the whole might be removed in a few hours by a little inquiry. Under these circumstaLces I think that what I said was quite as much tc the advan tage of directors and officers of the company as with refer ence to the present shareholders and creditors themselves. Mr. Paddison—So it has been felt. The petition to annul was ordered to stand over ac cordingly. (Before Mr. Commissioner Evans.) IN RE WM. I. ROBSON. This bankrupt was an antimony smelter, of Bowling green-mews, Kennington, but is better known for his for geries of Crystal Palace scrip. He was brought up in custody to pass his last examination. The curiosity to see a person who has rendered himself so notorious was great, and the court was crowded at an early hour. Being removed from the open court, after the lapse of a few minutes, to a private room, many remained to a late hour to witness his departure. By the kindness of an officer of the court the bankrupt was permitted to see his wife—the last time, if was said, that he would be enabled to do so during the 20 years over which his sentence of transportation extends. The accounts not having been filed an adjournment was ordem e i accordingly ; Mr. Mount appearing for the assignees. Proofs were admitted during the day to the amount of about 5001. It is stated that the assets (about 2,0001.) will suffice to pay the creditors in full, excepting, of course, the clainis on the forged scrip. It is supposed that these proofs may be tendered. On the other hand, it is said a question will be raised whether the directors of the Crystal Palace, having availed themselves of the criminal law, can be permitted to prove as creditors, except in respect to any surplus assets that may accrue beyond the payment of 20s. in the pound to the other creditors. Some idea of the style in which the bankrupt had furnished his residence may be gathered from the fact that one account for furniture was tendered on a balance, the original amount being upwards of 2,0001., and on account of which about 1,6001. had been paid by the bankrupt. The bill includes an item of 157 guineas for drawing-room curtains. The cost of furnishing " the Priory" altogether exceeded 5,0001., and a considerable sum has been derived from that source for his estate. The furniture, for which upwards of 2,0001. was paid or charged, has produced about 8001. The bankrupt would appear to have kept two books—a cash-book and a rough day-book, both of which are very much mutilated. The adjournment was to the Bth of January next, at 12 o'clock. The Grand Council of Fribourg has just granted an amnesty to the persons arrested during the late riots relative to the dearness of potatoes. The Bund ex pressed its disapprobation of that course, declaring that those persons, although not p o li t i cal insurgents, merited some punishment as a warning to them for the future. SALE OF A Wuricx.--On Saturday, the wreck of the packet-ship Samuel M. Fox was sold by auction at the office of Messrs. Percival, Campbell, and Co., brokers, Exchange-street, east. The vessel was offered as sbe now lies stranded on Burbo Bank, together with any stores or materials that may be found on board. She is 1,245 tons measurement , and was built in 1850 by ron rails, ltc. p , ig Mr. W. 11. Webb, o f N ew ' York. The cargo consists of iron and sheet iron, tin plates, bale goods , hardware, a portion of which has been saved. By the conditions of sale the purchaser will receive a sal vage of 50 per cent, on all such cargo as may be saved and landed at Liverpool. The sale was largely attende d by broke rs and others who speculate in property of t his description. The vessel was put up at the sum of 1001., and after some small advances bad been made on this amount the bidding became very spirited. The price ultimately reached 8,0001. ; and there being no advance the vessel was knocked down for that sum to Mr. J. Bird, marine store dealer. The success of the specula. tion must of course depend upon whether the purchaser succeeds in recovering the vessel and saving any mate rial portion of the cargo.—Liverpool Courier. [The S. M. Fox has since gone to pieces. LONDON, FRIDAY EVENING, NOVEMBER, 28, 1856. LAW MITELE,IGENCE.—Nov. 27. COURT OF QUU,NIS BENCH. LUCAS V. TIM LONDON AND NORTR•WEBTERN RAILWAY COMPANY. This was an action brought by the plaintiff, a retired farmer, of Leyton, in Essex, to receive compensation in damages for injuries sustained by him by the alleged . negligence of the defendants' servants. It appeared that on the sth July last, the plaintiff, who is 75 yeara of age, accompanied his daughter and. grand.daughter to the Euston Station, for the purpose of seeing them into the company's train for Manchester. The train was announced to start at 8 o'clock in the morn ing, and having seen his daughter into a carriage, he was about to put his grand-daughter--a child of about 6 years of age—into the carriage, when an interruption took place. The t rain was driven back violently by a collision caused by other carriages being forced back upon it, in their motion towards the turning-table, for the purpose of being attached to it. The plaintiff was borne along the platform in a direction with the train, and was unfortu nately jammed against the railing constructed for the putpose of fencing off that part of the platform near the turning-table. lie was most seriously injured in the back, hip, and thigh, and was for eight weeks subse quently unable to leave his bed. The'effects of the acci•. dent reduced him to the use of crutches. The child fortunately escaped injury. ,The plaintiff gave evidence in corroboraticn of the facts. Sir Fitzroy Kelly declined to call evidence for the de fence, but addressed the jury, on whom he endeavoured to impress con , iderations of the deep regret felt by the company for the accident. The-jury, after Abort conference in the box, retired, and on their returfilitt ii — ciart, delivered a verdict for the plaintiff—damages 175/. of most depraved character. Tae letter constituted the libel for which the present action was brought. Mrs. James was examined, and debibd most positively that there was any imkoper intimacy-between her and Dr. Wallis. He attended her and her child merely so a professional man. He'had not a key to her door. Ho sometimes came in through the kitchen, and frequently brought her meat and vegetables, for whieh she always paid him. Sbe and her child drove ont occasionally in , Dr. Wallis's carriage. She was poesensed of seine pro perty, on which she lived. • Dr. Wallis was examined—He said he had sometimes remained as long as three or four hours a day,' on some occasions, at therplaintiff's residence, who. was suffering from varicose legs and other complaints. He had given fireworks t, the plaintiff's boy. He would not swear positively that people were Plot in the habit of calling after him in the street in consequence of his visits to Mrs. .Tames: He hal never paid out of his own pocket for the boy's schooling, although he had taken money fr( tit the plaintiff to the schoolmaster. The neighbour ho )d in which he lived abounded in defamations, and he was aware that there was a report attributing to him the paternity of tlm plaintiff's child. The Lord Chief litron summed up, and the jury re turned a verdict for the plaintiff, with 40s. damages. ARCHES' COURT. (Before Sir John. Dodson.) DENISON V. DITCHER. The Admiralty Advocate moved the Cour . 4, on behalf of the Archdeacon of Taunton, to admit the libel of ap- peal given in this case. It was, he said, an appeal from a court constituted u n d er th e 3d and 4th of Victoria, chap. 86, commonly known ,as "An Act for better Enforcing Church. Bythatftstatute a clerk accused of offences against the laws ecclesiastical' could only be proceeded against under its provisions. There were two ways of proceeding, one by sending letters of request from the diocesan of the clerk accused ; the other by the diocesan sitting in person and proceeding to hear the case. The latter mode had never been put-in force previously to the trial of the Archdeacon of Taunton. It so happened that the diocesan was patron of the pre ferment which the archdeacon held, and under the 24th section it became necessary that the archbishop of the province should act as the diocesan of Bath and Wells, for the conduct of that trial. He did so, and it was not necessary to trouble the Court now with any of the proceedings which took place. On the 22d of October lait.sentence of deprivation was passed, against which the present appeal was brought, and it would now be for his learned friends to state their objections to the libel of appeal. Dr. Bayford, in opposition to the libel, said that the Admiralty Advocate had spoken of this as an appeal ,from the diocesan court, but he (Dr. Bayford) did not find the dioiasan court mentioned in the statute. The archbishop sat in a suit to be tried ,before him in the diocess within which the' offence charged bad been committed. The court held at Bath was a court without a name. There could not be a name given to it unless the statute provided it. The court was the creature of the statute, and whether there was an appeal from it or not trust depend on the statute ; and, also, where the appeal, if any, was to be heard. The real question which be was about to submit was whether there could be an appeal to this Court or not. The libel stated that the cause was lately depending before the Archbishop of Canterbury. If that was a true descrip tion, he must say that he thought the present official principal of the Court of Arches was the first who ever sat to entertain an appeal from the Archbishop of Can terbury. If there was any doubt upon the question, he thought the Court would hesitate before it put itself in a position of which no instance had previously occurred. The Archbishop had authority to do acts throughout the' province just as much as a bishop in his diocess; and the statute had called his Grace into the diocess to do an act which he had authority'to do. He had done the act in his own name, therefore it was not by the authority or in the stead of the bishop. It was quite clear that his learned friends could net appeal from the archbishop to the bishop, nor could they appeal from the archbishop to any judge who sat by his appointment. His Grace had pronounced the sentence which he had delivered, not in the name of the bishop, but in his own name. Was the statute to be interpreted, contrary to every known principle of law at pressut existing ?. What wss an appeal ? The definition was given by Burns ; by Ayliffe, in his Parergon, p. 71, and by Oughton. It was in its nature and its essence an appeal from an inferior to a superior judge. The civil law gave an exactly similar description of it ; but the appeal now instituted was directly contrary to the very nature and definition of an appeal.' The appeal was accompanied by an inhibition, and he presumed that the inhibition from the Arches' Curt was served on t' e Arc: b'sh. p of Canterbury. The 24th of Henry V 11.1., chapter 12, the first sta tute which spoke of an appeal, was directly opposed to such an appeal as the present. The case in which an appeal would lie from a judge to the same judge was laid down in Oughton, p. 274. If a judge having the whole jurisdiction of a inattser delegated t another judge the particular trial of a particular cause, an appeal would lie from the decision of that judge to the judge who ap pointed him. The same principle was laid down by Lynwood in his " Prorincialis," liber 2, title 1, p. 80. If there was an appeal from one judge to another, and the two appointments were given to one person, then, according to the decision in "Beare and Biles v. Jacob" (2 Hagg. Eec. Rep., 262), the appeal was extinguished. The principle that an appeal would not lie from a com missary to a bishop was laid down in the canon law, and, had been relied upon in very anon at times. Was there anything in the statute that overrode the positions for which he had contended ? By the act new courts were constituted. The bishop was to sit with certain assessors and to try certain causes, or he might send them to the Court of Arches. The archbishop was to try only in cer tain cases, the bishop in other cases. The archbishop was not invested with the bishop's authority ; he had autho rity without taking any from the bishop. It might be that when the archbishop sat there was to be no appeal, or under general principles the appeal must be carried to other courts.. The appeal from the bishop under the statute was to the archbishop personally, and not to the Court of Arches. If that position was correct, the arch bishop did not sit. as the locum tenens of the bishop. The right of visiting the diocese appertained to the arch bishop, and, according to Burns, he then, for the time, suspended the bishop's functions. There was a special canon restraining the archbishop from doing so through out his dioceses, except at proper times. With all sub mission to, and profound respect for, the Court, he w a s sure the ourt would not desire to exercise jurisdiction that did , not appertain to it. He trusted the Court would dismiss the libel. Dr. SPINKS followed on the same aide. • The ADMIRALTY ADVOCATE said that, if he had b een astonished at what he bad heard, he was still more astonished at what he had not heard. Who would imagine that his learned friends were in possession of a judgment of the Court of Queen's Bench on the point at issue, for which they had themselves made application, but which they had not produced, to which, however, he would advert at a fates stage of the argument. Whether this Court had appellate jurisdiction depended absolutely and exclusively upon the terms of the act of Parliament. The statute swept away all previous legislation on the subject. According to the defining clause, sec. 2, the word " bishop" was to be construed to comprehend " archbishop," from which he contended that " bishop" and " archbishop" were used synonymously. The act was concerned with two matters one, the jurisdiction of bishop and archbishop ; the other, the jurisdiction of the appellate tribunals. From the 2d section to the be ginning of the 15th the word " archbishop" did not occur. The report of the proceedings in this case was, in the first instance, filed in the registry of the Arch bishop's Court, but by the directions of the Court of Queen's Bench it was ordered to be registered in the diocess of Bath and Wells. The proceedings had been taken under the 11th section, and the chancellor selected to sit as assessor was the chancellor of the diocese, and not the Dean of the Arches, who would have been the proper otfiser if the archbishop was sitting qua arch bishop, and not qua bishop of the diocess ; the dean sc lected was the dean of the cathedral church of Wells, not of Canterbury. The other assessors chosen threw no light on the question. The sentence was in keeping with the idea that the archbishop was acting as diocesan. The preliminary commission was composed of beneficed clerks resident in the diocess. All the proceedings, therefore, had been carried on as if they were before the Bishop of Bath and Wells. The reason why they were not actually carried on before him was because he was the patron of the preferMent. The archbishop was to be considered as the diocesan, and nothing more. His learned friend seemed to have forgotten that every archbishop had two characters—the character of a diocesan as well as the character of an archbishop. The statute had made a court of its own, in utter contempt of all canonical principles. Ho (the Admiralty Advocate) admitted that an appeal lay from an inferior to a superior judge, and there was an anomaly in the whole proceed ings; and he also admitted the correctness of all that had been urged on the authority of Burns, Ayliffe, and Lyn wood. It was not his fault, but the fault of the Legisla ture, that such an anomaly existed. The right of appeal was given by the 15th section of the statute, but the argument of his learned friend went to the extent that there was no appeal at all—that a clergyman was to be deprived without the regular gradation of appeal. Ac cording to the 15th section, where the bishop had heard a case the appeal was to lie to the Court of Arches, and from it to the Judicial Committee. But it his learned friend's argument was correct, the court at Bath and Wells was a third court, and from it there was no ap peal. That was a perfectly unnatural construction, and one which every Court would restrain. The archbishop had no power whatever to sit under the statute in any court of appeal, and when it was said that the appeal should lie to the archbishop it meant to the Court of the Archbishop. Throughout the act letters of request and an appeal went in the same channel. If letters of re quest would lie to the Arches' Court, there was an end to all the anomalies to which his learned friend had referred. It was clear, from the 16th clause, that the archbishop could send letters of requ es t to t h e cour t of appeal of the province. The archbishop could not send letters of request as archbishop, but as diocesan of Kent. The 11th section enacted that the commis sioners appointed should have the same powers as be longed to the Consistorial Court and the Court of Arches, thereby recognising the Court of Arches. In the jiniffment 'delivered in the Court of Queen's Bench on the 2'ith of May last, Mr. Justice_ Coleridge. said that, und'er th act,. the archbishop was_ substituted for the bighOP ; Ne r would. , IA t'be acting as archbishop of the ,provitice, , but 2»'q lute vice as the bishop of the dio cese. lie did net rel.ton that decision, but it strongly confirmed the position that the whole statute clothed the archbishop with . a diocesan character. The Court of Queen's Bench said to the archbishop, "You must not trolifound your character as archbiShop out of the act with your authority 'tinder the act." • ' • Dr.Weane having been heard on the same side, Tne,h4trned'Xiidge'dildlie'*citild'giVe his decision on ibe.nert court-day; THE QUEEN V. ()ALLEY AND OTHERS. This was a prosecution instituted under the direction of th© law officers of the Crown, against Emma Calley, Jane Jones, Anne Sullivan, and Elizabeth Hill, for in• decently exposing their persons in the Regent's'-park, and against Thomas George Gosling, for inciting them to do so. • • The case excited more than ordinary interest, from the fact of the male defendant, Mr. Gosling, being Connected with a wealthy, most respectable, and well-known family. The Solicitor-General (Mr. Stuart Wortley), Mr. Bodkin, and Mr. Willis, appeared folr the prosecution ; Mr. Sergeant Ballantine, Mr. Roll, and Mr. Lewis, con ducted the defence for Mr. Gosling ; and Mr. Metcalfe and Mr. Gifford held briefs for the female defendants. The Solicitor General stated the case. The jury, he said, would hav: understood, from bhe statement of his learned friend 'Mr. Willis, the nature of the charge against the defendants, and it would now be his duty—and a very painful one it was—to lay before them in detail a narrative of the caie, involving in, its nature matter of the most important and grave cha racter, as affecting a gentleman who was connected with one of the most respectable and wealthy families in the ' country, and who hitherto was regarded as himself bear ing a most respectable character. In the ordinary way, a case of s this sort should be left to the ordinary tribu nals ; but when he informed them that there were amongst the defendants four females who were charged with a very serious offence, and a gentleman of wealthy station, of education, and, up to this time, ashe believed, of excellent character, they would be of opinion that the cape was one which required to be investigated in the most formal manner. Originally a complaint was made of misconduct in the Regent'r-park. A report was made to the'Government, and instructions were given to pro tect the parks against the indecencies alleged. A charge was made against the defendants, and the case was taken before the magistrates; and on the part of the de fendants the indictment was removed by certiorari to the Central Criminal Court. When there, the Govern ment feeling that they were bound to see that justice was done, deemed it advisable to have the services of the Attorney-General, and under his advice the case was again removed by certiorari into this court. The nature of the offence charged against thenrwas a gross and scandalous offence committed in one of the public parks. The learned gentleman here described the situation of the alleged spot, and having gone through the details of the offence, and described the parties charged with the commission of it, the character and nature of it, and the manner in which it was reported by the witnesses, he concluded by calling on the jury to be guided by the evidence, and to find their verdict accordingly. Before the examination of the witnesses for the prose cution was finished, Lord Campbell, addressing the Solicitor-General, said — Mr. Solicitor-General, it appears to mo that this prosecu tion was most properly instituted, and has been most pro perly conducted ; but it appears to me, also, that there is no-evidence on which the jury could safely convict the defendants. With regard to the unfortunate girls, there is no doubt they have been guilty of practices of prostitu tion ; but the fact of their exposing their persons, as stated, rests entirely on the testimony of two persons, Mitchell and Warren, of whose evidence there is no corroboration whatever. As to Mitchell, he is clearly an infamous person, and was watching, it might be, in connection with those girls, in order to see if any gentleman might pass by upon whom he might carry out his designs. With regard to Warren, I thought very favourably at first of him, and looked upon him as a most exemplary person ; but when I heard, in cross-examination of his antecedents- and especially in relation to the charge made by him against a gentleman at Primrose-hill—l do not think it would be safe to find Mr. Gosling guilty upon such evidence. The Solicitor-General—After your lordship's observa tions, I fuel it my duty not to throw auy responsibility upon the jury, and I will therefore withdraw the case. _ Lord Campbell—Had Mr. Gosling been found guilty of the charge, I should feel it my duty to inflict the severest punishment upon him that the law would allow me to impose. Thus ended a prosecution which, throughout the pro ceedings, was watched and listened to with intense interest by a crowded court. COURT OF COMION PLEAS. GRIFFITHS V. LORD GEORGE LOFT US.-BILL TRANSACTIONS. This was an action upon a bill of exchange for 1001., dated the 28th April, 1856, drawn by a person named Milton, and accepted by the defendant. There was a plea that Lord George Loftus had handed the bill to Milton to get discounted, but that he had parted with it improperly, and that the plaintiff had taken the bill with notice and without value. Mr. James said that he appeared for Lord George Loftus, who had never received a farthing for this bill. He had given it to Milton to get discounted, and to hand over the proceeds to him, but instead of doing so, Milton handed the bill to the plaintiff, who was an attorney, with distinct knowledge of the circumstances. Lord George Loftus being in want of some money gave this bill and another one to Milton, who signed this memorandum ;—" I hereby acknowledge to have received two promissory notes, one for 1501. at three months, and the other for 1001. of the same date, for the purpose of discounting ; and I hereby undertake to return those two notes, or the money, less discount, within a week from this date." The bills were o i n o e o y l. handedbilbill had over got and nt into i n t o v w e a r s returned, subsequently the hands of Mr. Griffiths, the pl aintiff. It would be for the plaintiff to show that he gave value for t he bi ll . no r a found farthing tha t o f t the Mr. Grinithis---I am the plaintiff. I am an attorney in Phillpot-lane. I never was a prisoner in the Queen's Bench Prison. I know Milton, and have been profes sionally concerned for him on two occasions. In the course of last year Milton owed me certainly 351., and I think also 24/. 10s. costs. lam not sure whether the second bill was then matured. This bill for 241. 10s, was brought by Barret, the endorser, to me. As Mil_ ton was indebted to me for costs I discounted it, de ducting my costs and the interest. It was not paid, but was returned, and a 301. bill given for it and some costs. The 301. bill is dated January, 1356. This bill was dishonoured when it became due in April, 1356. I sued him upon another bill for 351., due in April, 1856, and recovered judgment for 411. Gs. Si., That with the 301. bill would make 711. 6s. 8d , but I only claim 681. 10s. On the Bth May I had arrested him, and he was iu Whitecro.,s-street. Afterwards Mrs. Milton called at my office, and produced the bill now sued on, and of fered it te me if I would procure his discharge. I noticed the bill was drawn on Lord George Loftus. I objected, knowing that there was no such person, except by cour tesy. I knew there was Lord George Loftus, the infant son of the Marquis of Ely, and I said if it is his it is worth nothing. She explained that it was the marquis's brother. She said that Lord George had known her husband for a number of years, and to relieve him from his diffic u lti es h a d g i ven him this acceptance. I in- Etrueted my cle r k t o ma k e th e necessary inquiries. She also prop ose d to to take th e bill an d the or d er f or t h e s l a t es , a nd t o g i ve give me 25 tons of slate, and I consented him his discharge.. Afterwards I met Milton in Fleet street, and he asked me if I would give him 101. more on account of the bill sued and the slates, which I de clined. The best offer I have bad fur the slates is a bill at three months for 101. or 15/. Lord George called at my office more than a month before the bill became due. I did not see him. I directed my clerk to write e s w b e a r l . had 0 n b t e h e a n t i o ni c c p a r s o i p on e r L I y o r o d b t G a i e n o e r d g . e T n t h i a ns t a te w a d s t h t h a e t to him asking hi m t o call again, but I never h a d any answer. intimation I had that Milton had not a perfect right to part with the bill. That was five weeks after T I had taken the bill.he jury gave a verdict for the plaintiff for the amount claimed, 681. 103. COURT OF EXCHEQUER, Nov. 27. JAMES V. SMITH. This was an action to recover damages for an alleged libel. It appeared that the plaintiff who had been for seve ral years a widow, resided at the Hot Wells, 'Bristol, and was in au invalid state, suffering severely from chronic diseases. She had been attended for some years by a medical man living at Bristol, who had also at tended her husband during his lifetime. The medical man was in the habit of visiting Mrs. J ames as many as three times every day. This circumstance gave r i se t o some calumni ous re p or ts, which reached the ears of the defendant, who is a clerk in the Great Western Railway Company's offices at Bristol. Hearing that the plain tiff called on the wife of a person who rented a house of him, he wrote to the latter, stating that he wo u ld not retain him as a t e nant if he permitted such visits, and at the same time described Mrs. James as a person ROSS V. ROSE. This'svasi-e. cause of divorce by reason of adultery, promoted . by MiS: 'tsabe:llai I~ose agaiva her husband, 'resident in tiorpatisti Swaffhain, and W 33 brought to this court by virtue of ;letters of request from the diocese of Norivith. Dr. Addsrns (with whom was Dr. Wambey) submit ted that the evidence was sufficient to entitle Mrs'. Rose to her prayer. The learned Judge, without heaiing cnunsel for Mr. Rose, said that, in his opinion, Mrs. ROse had failed in proving her case, consequently Mr. Rise roust be dig missed from the suit. Mr. Jennings, the 'vector for Mrs. Rose, asserted an appeal. SHERIFFS COURT, Nov. 27. PARTRIDGE V. STEWART-BREACH OF PROMISE BY A POSTMASTER. This was a writ of inquiry in an action brought to re. cover damages for a broach of prorniEe of marriage, the defendant having suffered judgment to go by default, .thereby 3Ahnittiag that .he had.made the bromise mill had not 'performed it. Tlieplaintiff was a young woman, about 25 years of age, now residing with a relative at Bedford,- and who, at the time she became acquainted with the defendant, the post master of the town of Bedford, some three years ago, was residing with her parents at Leighton Buzzard, and assist ing them in . the business of pastry-cook and confectioner. On the 18th 'November, 1855, he wrote a letter to her, in which he acquainted her with the fact that his affections wore centred upon her, and offering to pay his addresses to her, which offer, it would appear fr om th e t enor o f th e next letter, she accepted, for the letter of the 18th Nov. began, "My dear Jane;" the next began " My very dear Jenny," and contained this passage :—" My dear Jane, the scenes which present themselves to our notice here are fluctuating and uncertain; our life is like the vessel cast upon the unsettled ocean, disturbed by tl,o waves and bii- lows which are ever and anon throwing themselves about her, impeding her progress, and disappointing ex pectations. Stich, my dear Jane, is life. -How often we are not permitted to enjoy our fondest desires; what checks there are placed upon us. I feel that I am'myself deprived of a great boon, in the absence of your society and counsel, which I should find soothing and comforting to me ; but such, my clear Jane, is the arrangement of things, that it cannot be at present." In another letter he congratulated himself on having obtained possession of her heart, and in another ho alluded to the conduct of her mother when she became aware that his attentions had been accepted, and said, if the plaintiff was disposed, he could take her away at once, "as I have got plenty of room for you, my dear, a beautiful home, and no one but myself to enjoy it." He further appealed to her to acquaint him with her feelings upon the subject of marriage ; and a subsequent letter, which was very lengthy, as indeed most of them were, contained the following :—" I promise you, if you have me, to make the best of my position I can. I'll make the best postmaster lam able to make. I'll stick close to my official duties. I'll make you as good a com panion in a home as I am able to make. I'll look after you, if you'll look after me, as long as the thread of life holds out, whether it be long or short." In another he said, "I eat and drink pretty well, and that, you know, is a great thing, considering my other defici?ncies in your mother's estimation." Again—" I fancy we would make things tolerably comfortable in nay comfortable little par lour, where I am writing to you, my dear, nearly under a mistletoe-bough." In another passage he spoke rapturously of the time when the plaintiff would be post-mistress of Bedford, and hoped "they might drink from the fountains of the pure streams of love," and so on, in the most ap proved strain of an ardent lover. The brief, of seventeen sheets, containing alone copies of his lettere, was handed in, most of them of a nonsensical description. The defendant, a young-looking man, addressed the jury, and calved some amusement in the court by his simplicity of manner. He said it was true that ho had paid his ad dresses to Miss Partridge, which he had discontinued for some time—that was also true ; but he bad not refused to marry her ; on the contrary, he was ready and willing to marry her now if she was willing to have him.—(Laughter.) The Under-Sheriff told the jury that it was admitted on the face of the record, by which the parties were bound that the defendant made the promise but did not perform it. The jury gave a verdict for 201. COURT OF BANKRUPTCY. (Before Mr. Commirisioner liolroyd.) IN BE' 111 Z ROYAL BRITISH BANK. A summary of the following appeared lie our impres sion ofyesterday : Mr. Linklater---In the matter of the Royal British Bank, if your Honour please, a petition was presented, which has been answered this morning, the object of which was to annul the bankruptcy at the instance of Mr. Marcus, a shareholder, so that an order might be made transferring the proceedings under the bankruptcy to the chambers of the judge who has the conduct of the order for winding up the affairs of the Royal British Bank. I am happy to, say that we shall not have occasion, I think, to trouble your Honour much upon the subject to-day, subject to your sanctioning the course which has been suggested. There has been naturally very great anxiety on the part of both the official assignee and the official manager that the cre ditors of the Royal British Bank should be as soon as possible placed in receipt of the funds which are now ready for division; and although no one can complain that the official manager should have felt it his duty to take the opinion of the Vice-Chancellor upon the ques tion of the rights of the parties, yet that judgment hav ing been pronounced in favour of the official assignee (although upon the instant a notice of appeal to the Lords Justices was given), communications have subse quently taken place which it is hoped will have the effect of the withdrawal of that appeal and such an arrange ment being made as will be most conducive to the inte rests of the creditors and also the interest of the share holders. So far as the creditors are concerned, undoubt edly it is to their interest that the proceedings in bank ruptcy should be upheld, and if the appeal should be withdrawn those proceedings will stand not only unite peached, but unimpeachable. The effect of the proceedings in bankruptcy will be to prevent any creditor obtaining any preference by any judgment which he may have registered against the company, and the creditors also will be deprived of that opportunity which they otherwise would have had of attaching the debts due to the bank, and also of taking possession of the property which is now its the hands of the official manager. So far it is manifestly an advantage to the creditors, and secures to them an equal and comparatively a cheap distribution of the property. With reference to the shareholders the official manager is the most solicitous for their interests, and although he considered it his duty in the first instance to have the question judicially determined by the tribunal under which he holds his appointment, yet he feels that the bankruptcy is most beneficial to the creditors, because, actions having been brought against the company, executions have been applied for, and in one instance, that of Mr. Aid. Kennedy, the Court of ' Common Pleas has permitted a creditor to issue an exe cution against Mr. Alderman Kennedy. There is no doubt that when the shareholders find they are exposed to the proceedings of individual shareholders, it will have the effect of very seriously prejudicing, not only the general interests of that body, but also the interests of the creditor, whose interests would be best consulted by such a course as will secure for the shareholders mu tual, just, and fair contribution. Now, the bankruptcy laws give the shareholders that opportunity, because under the 10th section of the act of Parliament under which this bankruptcy has been originated, as they are now conducted by the official assignee under the direc tion of this Court no execution can issue against an indi vidual shareholder without leave of the Court of Chan cery. It seems that the object was that if the Court of Chancery saw that those shareholders on whom calls were made were willing to pay their fair contribution no execution should issue, and that no individual share holder should be harassed by the proceedings of a credi• tor, when the proceedings taken were for the benefit of the whole body of the creditors and for the protection of shareholders—in fact, that all might pay their fair con tribution. The official manager was desirous that the object he had in view in withdrawing the appeal should be publicly known, because, of course, he represents the interests of the shareholders—the official assignee repre senting the interests of the creditors. I have no doubt that from what has transpired the communications that have passed will result in an arrangement by which all parties will be immediately benefited, and the nume rous expenses and delays of continued litigation will be prevented. Your Honour will probably sanction that course—that under the circumstances the hearing of this petition may stand over indefinitely at present, with li berty to the parties to apply to get a day named, if un happily the efforts of those devoting themselves to carry out this arrangement should not be successful. Under these circumstances my friend, Mr. Taylor, who repre sents the petitioning creditor, will probably feel that I have expressed his views as well as my own, and we are both content, subject to your E ancl ion, that this pe tition should stand over. The directors, of course, have been served by my friend, and all parties I suppose have been duly served, and no perso n can be prejudiced, as it seems to me by the course suggested. Mr. Taylor—Representing the petitioner, I may state that I coincide with the view taken by Mr. Linklater, and desire that the petition should stand over. I have no doubt, from what has transpired, that an amicable ar rangement will be come to, which will benefit the share holders, and also the creditors. Under these circum stances I apply for an adjournment, with liberty for the parties to apply. The Commissioner--The Court can have no hesitation in acquiescing in that course. It is obvious that any arrangements that can be legitimately sanctioned, the effect of which will be immediately to divide the present assets, must be most desirable and must be wished for, I should think, by all parties. Mr. Paddison—l have been served on behalf of the directors with a copy of t his petition. I have come here this morning for the express purpose of opposing the prayer of the petition if proceeded witb, and I may ex. -4",} 2‘l‘;--; 4a.2 z - NEWSP..k.P . 7. 111 STLPUTION Of CIVIL ENOINMAL r, • t, THE LATE J. M. RENDEL, JiEtk-SV - ' --• On taking the chair Mr. Brunel a totrett la the meeting the decease, on the 21st Aailf, of Mr. James Meadows Rendel, past president 4 the k. institution, and proposed, as a mark of respect for the memory of the late distinguished member, to adjourn the meeting. This proposition was unani mously agreed to, several members availing them selves of the opportunity of expressing their re spect and esteem for their late friend,- and their sympathy with his family for the heavy lora they had mistaincd. : • Tho Into Air. J. M. Retulell was a native of. the west of England, where lie was practically instruct- • ed in - the executive part of the profession, and was early selected by that acute observer of talent, Mr. Telford, for laying out and constructing-consider able lengths of turnpike roads in Devonshire and Cornwall ; and the difficulties he there en countered and overcame 'tended much to give him that :elf-reliance so useful to him in his subse quent career. After being engaged in several large works in his native district, he undertook the construction of the cast-iron bridge over the river Lary, near Ply mouth, at the express desire of the Earl of• Morley, who had the discrimination to discover the latent talents of the young engineer, then only 22 years of age, and to his exclusive direction,: with the ap proval of Mr. Telford, was intrusted the execution of that important work. It was commenced in the year 1824, and was completed in 1827, as described in the first volume of the Transactions of the Idsti tution. This was soon followed by the construction of the floating Steam bridge for crossing the estuary of the Dart, near Dartmouth, somewhat on the same principle as those subsequently established by him for crossing the Ilantoaze between Torpoint and Davenport, as described in the second volume of the Transactions ; and, later still, those at Salt ash, at Southampton, and at Portsmouth. He was eng age d also in the distribution of the water-mains-at her - Majesty's dockyard, Plymouth, and ou the water. works at Edinburgh. In the year 1838 he removed from Plymouth to London, and soon became ext ens i ve l y occup i e d on important works, and was engaged in the Parlia mentary contests of that remarkable period in the history of engineering. Among the numerous works upon which he was occupied may be men tioned the Montrose Suspension Bridge; the In verness Bridge ; the Leith, and the East and West India and London Dscks, whet() he designed and executed extensive improvements, amounting to partial reconstruction. 1 `0 (- ) Yht, - The design for the construction of docks at Bir kenhead, in Cheshire, of such an extent as to create a formidable rival to Liverpool, brought Mr. Jten del very prominently before the world, and the protracted contests on this subject will not only be long remembered in the history of Psrliamentary committees, but the evidence given by the projector and other en g ineers, as now collected, forms a va luable record of the state of engineering practice. The almo s t i ncessan t l a b our, and th mental anxiety inseparable from this undertaking, were more than even his powerful constitution could support, and it is feared • that they tended to shorten his valuable life. The daring project of constructing a dock at Great Grimsby, by projecting the works far out upon the mud banks of the river Humber, was next successfully accomplished ; and he commenced the two great works which alone suffice to hand down his name to posterity beside those of Smea ton, Rennie, and Telford,—the harbours of refuge of olyhead and Portland ; both these works were conceived with the largest views, and have been carried on with great rapidity. In both cases the system was adopted of establishing timber stages over the line of the jetties, and depositing the masses of stone of all dimensions, by dropping them vertically from railway waggons into their positions ; thus bringing up the mass simultane ously to above the level of the sea. In this man ner, as much as 24,000 tons of stone have been deposited in ono week, and to supply this vast de mand monster blasts of five or six tons of gun powder were frequently employed. Theso two great works are progressing very satisfactorily, and it is worthy of remark, that although the severe storms which have repeatedly occurred on the exposed coasts where they are situated have done some injury to portions of the stages and of the temporary work s , no t a s t one would appear to have been carried away from the jetties ; and the success of the system may be said to be com plete, in spite of the sinister predictions which prevailed before the system was tried. Among the other works upon which Mr. Rendel was engaged should also be mentioned the con sty-art-ions on the River Lea and tlaeinsproinsinents of the Nene River—the latter a work of consider able difficulty, and not yet completed. He was also employed by the Exchequer Loan Commis sioners to report upon the drainage and other public works in Ireland. He was less engaged in railways than in hydrau lie works, but in England he executed the Birken head, Lancashire, and Cheshire Junction line ; and in India he had the direction of the East Indian and the Madras Railways, the former pro jected by Mr. Macdonald Stephenson, as the first of the vast system now being formed, and which will work such a revolution in the destiny of the Indian empire. The Ceylon and the Pernambuco lines were also under his charge. The limits of this short sketch preclude the pos sibility of enumerating mere of the works upon which Mr. Rendel was engaged, and it would appear extraordinary how ho could find time for such varied occupation, as, in addition to these active duties, he was very frequently called upon by the Government to report on large works, the most implicit confidence being reposed in his truth fulness, the correctness of his views, and the fearless expression of his opinions. He was a man of great energy, clear perception, and correct judgment ' • his practical knowledge was well directed, a nd h e knew how to make good use of the scientific acquirements and skill of all whose services he engaged. His evidence before com mittees of the house was clear and convincing— seldom failing in carrying his point—and his re ports on engineering works are so well conceived and drawn up that it may be hoped that they will be given to the world for the benefii of the profes sion. With these qualities, which were fully ap preciated, it need scarcely be mentioned that he rose rapidly to a very high position in his profes sion. He became a fellow of the Royal Society, and was elected on the council ; he was a very early member of the Institution of Civil Engineers, having joined it in 1824. He had been for the last 16 years upon the council, and held the post of president during the years 1852 and 1853. He was as amiable and kind in private life as he was energetic and firm in public, and his decease, which occurred on the 21st of November, cast a gloom over the whole of the profession of which he was a brilliant ornament. THE RATE OF DISCOUNT. Although the Bank nf of England have abstained anyhav have reduction aai n be been fun at a further ad their rate of discount the which ofn l v e e f r t y o ff fi r l m a s t y e e s v t e e n r i d n a g y , a t c closing i nto g a quarter per cent. Con solsce for mon e y, k, opened at 941 to L. From this they temporarily advises f dt rrath to 94k, pblai t riaßon o the market, supported by the on resumed its firm ness, and the last operations were at 90 to g for money, and 94g to i for the 4th of December. For the new account on the Bth of January the final price was 95 to 1 g . During the day the Bank gave notice that they would be prepared to advance money on Government securities till the January account at their current rate of 7 per cent., and this removal of the recent resolution against making advances upon stock on any terms was accepted as a favourable indication. The proceeding, however, has always been customary during the shuttings for the dividends. For some time past exaggerated re ports have been circulated of the Bank having taken loans on stock ; and, although the amounts so with drawn from the market are believed really to haw, been insignificant, the assumption that they will now be repaid may, probably, have operated to in crease the tendency to confidence. The amount of business during the day was unimportant. Money, a lth oug h o btainable on short loans at 5 i per c e u nt t s was not freely offered, and for loans till J anuary the rate was 6 1 per cent. Tbhiamentelegraphic impression rate asts eioonthat e o c u nder uof nt is accounts from China, announcing a decline in the demand for silver, exercised a favourable influence ) and d discount existing cicircumstances m the t prevailing aneesh t e needlessly high.—Times' City Article. CHINA.—The telegraphic accounts from China yester• day are to the 15th Oct., being 16 days later than those received a short time back via Bombay. As regards the probability of a diminution of the drain of specie from this side they are in some degree favourable, since the exportation of silver as an ordinary exchange operatiea would now, it is calculated, result in loss. To meet the payments for produce, however, it must of course still be sent. The quotation at Canton was 4s. Sid., be i ng a decline of lid . At Shanghai it was 75- 7d. —a decline of ld. The exports of tea to date were 22,700,0001 b. against 27 , 50 0,0001 b. last year. Of silk, they were 28,000 bales against 15,500. There was no, tea at Shanghai. S i lk was scarce an d 15 d o t s . per picul higher. The settlements amounted to 43,000 bales against 20,000 last year. The tea duties at Foo-Chow were being paid by bonds pending a demand on the part of the United States' officials for satisfaction for the murder of 1114 Cunningham.