The Sun. — London, England, 1845-12-20 00:00:00

FOSTER V. SMITH. The LORD CHANCELLOR also gave judgment in this case, dismissing the bill without costs; but, in consequence of some question being raised with respect to the costs, his Lordship said he would hear the arguments upon that point on Mon day morning. OLDFIELD . COBBETT. - The LORD CHANCELLOR als V o. gave judgment in this case, refusing the motion without costs. HEIGIITON V. GRAXT. His LORDSHIP also gave judgment in this case, which came before him up on an a p pea l f rom t h e judgment t* the Master of the Rolls. His Lordship affirmed the judgment of the Court below. BOOTH V. LIGHTFOOT. In this case his LORDSHIP gave judgment, also affirming he decree, and dismissing the appeal with costs. stua., V. NASII. _ The LORD CHANCELLOR gave judgment likewise in this case. It came before his Lordship upon appeal from the judgment of the Master of the Rolls, deciding against an ob jection that had been made to the suit fur want of parties. It appeared that the plaintiffs were corn factors, and that, in the year 1840, they entered into a specu lation with the defendant Nash, and two other persons, named Carpenter and Shepherd, to purchase wheat by that speculation. Eighteen thousand pounds was lost by the plaintiffs, and they instituted a suit for the pur pose of recovering from the representatives of Nash that sum. The defendants, the representatives of Nash, asserted that the suit was defective, inasmuch as Carpenter and Shep herd were not made parties, but the Master of the Rolls de cided against that objection, and from that d •cision the de fer.dants appealed. His Lordship was clearly of opinion that the objection ought to have been allowed, and ordered the decree to be discharged and the suit to be amended. CHANCERY.—(THIS DAY.) The Lord Chancellor sat for the first time to day since his attack of in Lincoln's len Hall. The cause of his Lordship's sitting was to enable him to give judgment in several cases that had been heard before him on appeal pre vier, to his resigning the Great Seal. Long before the hour ape otgtl for his Lordship to take his seat, one, o'clock, crowas of persons had assembled in the old hall of Lincoln's inn, end upon his Lordship taking his seat, the inner and outer bar were crowded to excess. His LORDSHIP, who appeared considerably improved in health, and to have regained his usual cheerfulness, upon taking his seat, stated that a short time since he had given several of his judgments to the registrar in writing; but that, in order that those judgments might be deliverer in the pre sence of counsel, in case any questions should arise, he would give them over again. Just previous to his Lordship's commencing to give his judgments, a Treasury snessenger brought an official box, which was banded to his Lordship, containing a letter, which he read. It was rumoured that the letter conveyed informa tion to his Lordship that Sir Robert Peel had been again sent for he her Majesty. After perusing the letter, his Lordship directed the registrar to call the judgments in the order in which they stood on the paper : MANN V. RICKETTS. The Loan CHANCELLOR then gave judgment in this case, which was heard, shortly before his Lordship's illness, upon motion to discharge an order made by the Master of the Rolls. His Lordship was clearly of opinion that the decision of the Court below was correct, and ordered the appealed to be dis missed with costs. COOMBE V. TH E MAYOR AND CORPORATION OF LONDON. The Loon CHANCELLOR then proceeded to give judgment in this case, which was argued before him some considerable time since, upon an appeal from the decision of the Vice- Chancellor Knight Bruce. His Lordship said the case came before me after motion to discharge an order of the Vice. Chancellor Knight Bruce, for the production of documents mentioned or referred to on the answer of the. defend ants. It is not necessary to state the facts in detail as they are fully set forth in the report of the proceedings before the Vice-Chancellor. The Corporation of London claim to be entitled by prescription to measure all corn, grain, &c., brought by the River Thames, and landed at any point between Staines-bridge and Yanfleet, and to receive certain ancient fees in respect of the performance of that duty. The plaintiff had landed certain quantities of malt at their wharf in Westminster, and the Corporation filed a bill against them for an account of the malt so landed, claim ing the accustomed fees. The plaintiffs filed a cross bill for a discovery, denying the right of the Corpo ra ti on , con tending that if the right existed it was to a much more limited extent than as claimed by them; that it was compa ratively of modern origin ; that the fees had been from time time time varied, and that there was no ground for the prescription claimed. The defendants having put in their answer, the plaintiff moved for the production of the docu ments mentioned or referred to in such answer. When the mo tion came on for argument the defendantsconsented tolthe pro duction of such of the documents as had been Froaluced under an order of the Chief Baron, Lord Abinger. Secondly; to the rnetag-, accounts kept by the meters, who were the ser vants of the Corporation.- Thirdly, to certain books and re pertories enumerated in the first schedule to the answer. And lastly, to the charter of the 6th of James 1., and the subse quent charter of Charles. With respect to the case and opinions it is unnecessary for me to express any opinion; they were considered by the Vice• Chancellor to be protected, and the defendants do not of course complain of that part of the judg ment. The first question for consideration relates to the books of account kept by the corn-meters. The plaintiffs in sies in their bill, among other things, that the rates of charge have varied, and that they will appear after inspection of their books. The statement in the bill is, that the defendants have in their possession, custody, or power, divers accounts or books of account, in which entries have been made of all corn &c.. measured by the corn-meters during along period ofycars, toes Cher with (among other things) the fees and wages .re cei-. .1 tin- such measuring, and that if such books of account seer , produced, it would' thereby appear that among other this es the rate of fee., and wages, and rewards claimed anti received on account of the metage aforesaid, and the hour incidental thereto, have from time to time varied. Thy bill, therefore, charges the possession of these documents, and !hat they relate to the matters in dispute in this suit—' nenteiy, among other things, . the metage, and the fees and I wag paid in respect of it :if they exhibit a variance in the any ;sit of the rates paid at different periods, it is obvious that such evidence would be material for the plaintiff at hearing of the cause. The defendants, the ' corn-meters, in their answer, admit the possession of these books of accounts, and say—not positively— to best of their information and belief—that it will not appear from them that the fees and rates of charge have varied, and they further state that these accounts or books of account, contain material evidence for the Corpora tion, and that they are intended to be used in support of their claim,.but the material question is, -whether they do not also contain, by .the alleged variance of charges, evidence for the plaintiff. This is denied only according to the informatiop and belief of the defendants. In Ban nestyne r. Leader, 10th Simons, the Vice-Chan cellor of England considered, and I think properly, that it was not sufficient in a UPC of this kind to swear merely to the defendant's belief. It further appears from the answer that the examination of the documents of the defendant, the corn-meters, had been imperfect, for in another part they set out the names of certain places where the measurement had taken place out of the City of London, being, as they state, all that they had met with, but they add that the accounts are numerous, and that there may be many others besides those they have mentioned. The number of the documents is not a sufficient excuse for an imperfect examination of them, as the court would, upon a proper application, allow the necessary time to prepare a sufficient and satisfactory answer. The same THE ARMY. objection s apply to the answer of the corporation. With ALTERATIONS IN DRESS AND EQUIPMENT respect to the town-clerk, it does not always very distinctly OF THE ARMY. appear when he is meant to be included under the descrip- • MEMORANDUM, I tion of these defendants, but if he denies at all • Horse Guards, Dec. 11, 1845. that the accounts will show that the payments have varied, he s t a t es t h a t on l y accor di ng to i n f ormat i on Her Majesty having been pleased to app rove o f t h e and beliet, and there is sufficient also in his answer to show following alteration in the dress and equipment of the that if he has examined the accounts the examination has army, with a view to the health and comfort of the been partial and imperfect. lam of opinion, th er efore, th a t troops, the necessary patterns have been sealed and de these accounts MOH be produced- The next question relates posited at the Offi ce o f Mili tary B oar d s, f ur t h e regula to. the book s and repertories mentioned in the first schedule, tion of future supplies: viz.:— The defendants, the Corporation, and their town-clerk, say 1. A more pliant and -elastic description of leather in their answer that, save as therein mentioned, they deny stock is to be worn throughout the army, which it is that :they have in their possession any book or books re latingascertained to the. matters i n the bill mentioned, except that there are in the.custod y stiff one hitherto in tp,e. or power of the defendants certain . written books or 2. Thick cotton shirts are to be substituted for linen in re pertories, set forth in the first schedule, which contain entries of divers matters and things which the all climates, by which a considerable saving of expense defendants believe form material evidence as to the exclusive will be effected. right of metage, and which they intend to uee in support of 3. It is' intended that white linen or duck trousers, the their right. And, in a - subsequent passage, they ex- use of which has already been discontinued in the cavalry, pressle admit that the books and repertories, men- should no longer be worn by the infantry within the toned in the first schedule, Contain copies and ab- United Ktngdom, or in the North American provinces, stracts, or extracts, from documents relating to the measuring of corn and grain by the meters; and they admit or on other cold or variable stations, but that trousers of s, but they deny a light worsted mixture, of the same texture and unlit the pessessim of such books and repertoric as those in use Highland regiments, be submitted q for y that the plaintiffs have any interest in them; and further they deny, to the best of their knowledge, information, and by summer wear, continuing the use o f li nen or cotton i n belief, that if they were produced , it would appear the Mediterranean, the East and West Indies, and in all them that the right had commenced within the time tropical or hot climates. of legal memory, or that they contain , or would f ur- It has been ascertained that the cost of trousers of nish evidence on behalf of the plaintiffs boenlietvhee dratn • this description need not exceed 65., and as only one true-, they say behalf a advised an( paiLa s t ti : , ti a m n ewill be required, this alteration will also be in favour of the soldier. they contain entries which they are advised and .believe are most material evidence in support of the right of pioneers has improved and more convenient mode of ruete.ge, end which they intend to make use of in support of sl i nging and the tools and implements cf their exclusive right against the plaintiffs. There is in manner carryingineretts3eeetneesetbabarligseheda,gawinhsitchcowliolnl colonels s t f in re a g n i y . these passages a sufficient admission that the books and re pertories set forth in the first schedule relate to meats. ScPcks and shirts of the newly approved description the matter mentioned in the bill. The only question, there are to be gradually introduced as in wear Pore, ie whether any sufficient reason is assigned why they become unserviceable, and regimentst bhoilld not be produced The defendants deny that the plain tiffs have any interest in them, and further they deny, to the having these arti best of their belief, knowledge, and information, that, if pro- cies of necessaries of the old pattern in store, under the with they would show that the right had commenced provisions of her Majesty's warrant of the 4th May, them to the in time of legal memory, and that they would furnish 1844, will beer at liberty to i ssue evidence on behalf of the plaintiffs. The plaintiffs do not non commissioned officers and . but,un in til the accomplish e d claim the right to the .production of the documents w h o l e shall have been . expended men ' Ol the grotlad of his having any interest • them ip the ..:ommon acceptation of that word, but as con- to preserve uniformity, it will be necessary that the taintrigavelm c . . t4en:. favour itt support the allegations whole of each regiment commence the *ear of won te d Contained in - flif ('tills dii i e d . by the e dekna trousers at the same time, atld this will be accom as early in the cburs• of the ensuing Raton if they can JONES V. HOWELL. His LORDSHIP also gave judgment in this case, affirming ;he judgment below with costs. BLUNDELL V. GLADSTONE. His LORDSHIP also gavejurigmentiOTT; case, which came before him upon an appeal from the decision of the Vice- Chancellor of England, dismissing the petition of Lord Camnys and a lady named Temple, praying to be admitted into the possession of certain property belonging to the testator in the •cause called Molyneaux and Horton. His Lordship was of opinion that the Vice- Chancellor had acted wrong in dismissing the petition, and ordered it to be referred to the Master to inquire whether the estates of Molyneaux and Horton] were be queathed by the testator, subject to any and what trust, the Master to state special circumstances ItIATTIIEWS C. BRISE. The LORD CHANCELLOR also g ave judgment in this case, the question on which was whether the defendant, who was • the executor and trustee of a fund for the plaintiff, was bound to Make good a sum of 4,0001. in Exchequer bills, the amount of which was lost by the bank. ruptcy of his brokers and bankers, Messrs. Wakefield. His Lordship was clearly of opinion that the defend ant was liable to make good the amount, and ordered ' the judgment of the Court below, to the same effect, to be armed. His Lordship, in consequence of an ap plication to that 'effect of the counsel for the defendant, stated that he would look into the papers between this and Monday, in order to see whether he was entitled to an in quiry before the Master as to whether the widow of the plaintiff had assented to the disposition of the money. IN RE GALE. His LORDSHIP gave judgment likewise in this case, which came before him upon appeal from the Chief Judge in Bank ruptcy. His Lordship discharged the order of the Court below. YOUNG t.. LORD WATERPARK. His Lonnsmr, in this case, affirmed the decision of the Vice-Chancellor, with costs. BOOTH v. CRESWICK. Mr. WAKEFIELD applied in this case, which stood in the paper of the Vice-Chancellor of England to be heard on exceptions, that it might be transferred to the paper of his Lordship. ' The LORD CnANcEttoxt--Very well. Mr. PARRY said that he was instructed to oppose the case being put on'his Lordship's paper at all. The LonnCIIANCELLOR, with apparent surprise—What, did Mr. Wakefield apply to have it put in my paper ? I may, per haps, not be there to hear it, and I am sure I will not do my succe:-sor so great an injustice as to order it to be put in the Lord Chancellor's paper.—(A laugh.) His LORDSHIP then stated that it might be convenient for the Bar, to know that he would sit on Monday at ten o'clock, in order to dispose of lunatic petitions. We believe that the Court of Chancery never furnished an instance before of a Lord Chancellor giving twelve judg tnents in one day. His Lordship rose between three and four o'clock. The hall was crowded during the whole period of his Lordship's sitting. THE WEST INDIA MAIL. SOUTHAMPTON, SATURDAY, ELEVEN O'CLOCK.--The Forth, Royal Mail steam-ship, Captain Chapman, arrived this morning at half-past nine o'clock, with the usual fortnightly- mails. This not being a gulf steamer, of course she brings no news from Mexico. The Forth brings dates down to the following periods : Jamaica, Nov. 23; Demerara, Nov. 19; Trinidad, Nov. 20; Barbadoes Nov. 24; Grenada, Nov. 25 ; S r . Thomas, Nov. 30; and Fayal, Dec. 13. She brings in freight, 240 ounces of silver, 419 bales of sarsaparilla, and sundry shipments of coffee, nut megs, succades, bees' wax, tortoiseshell, &c., &c, The Forth also brings home a great number of emi grants from the American emigrant ship Robert Isaac, bound from Liverpool to New York, which the authori ties of Fayal condemned as being unseaworthy. John Burns, second mate, and Charles Clarke, seaman, were also brought home prisoners, on a charge of mu tiny on board the Harriet, of London. They will be handed over to the authorities here. They were taken on board at Fayal. . The whole of the emigrants are in excellent health, although, as a matter of course, they have undergone inconvenience and privations previous to having been shipped on board the Forth. The Forth brings home but a few passengers. The Jamaica papers (the only file which has yet come to hand) are b4rren of intel4ence. The railway to Spani h Town was opened on the 21st. The rain had set in, and the forthcoming crops pro mise well. The Forth has had ■ good passage. and had it not been for detention at Fayal to take in the emigrants, would gave arrired last evening. rtirlf Ebttion SUN OFFICE, Seven o'clock. RECALL STR ROBERT PEEL. ri he formation of a Ministry by Lord JOHN Rus- F.E.T r 1.1, for the present, at an end, and the Court IlTewsman will announce the departure of the mem ber= if the rnight••hive• been Cabinet, for their country seeri, instead of chronicling their arrival in Downing- F tr.et. With them will go the tribe of sucking statesmen, anti expectant placemen, who have haunted BROOKES' and the Reform Club for some days past, full of pleasing visions of power and of self-importance. The break-down of the Whigs, in attempting to form a Government, will, we hope, prove a lesson t ,- ; the narrow •minded aristocrats of the LANs- DO wrin class, that they cannot move without the aid of the true Liberals and free-traders. The desire to extend the basis of the Administra tion, and to give Mr. COBDEN a place in it, or rather to OFFER hill one, with some minor disputes about particular offices, have been the rocks upon which the wreck took place. Lord JOHN has done his duty in all, save in dis carding his ancient drags. The IVhiggism of 1830 will not do in 1845. The people have gained by the last ten days. Lord JOHN RUSSELL may lead the van, but he must not put his heavy artillery in the front. Sir 'ROBERT PEEL may try to govern—he can only do so, by adopting free-trade measures. The QUEEN has been throughout in favour of the people and of popular measures ; her words and actions have been most cheering, and it is gratifying to know that a Liberal Administration would have found a firm friend in her MAJESTY. (FROM A CORRESPONDENT.) Sir ROBERT PEEL received this morning a com munication from Lord Jourr RUSSELL, and imme diately summoned _together to his residence all the Ministers in town. After the meeting, messengers were dispatched to such !umbers of the Cabinet as are out of town, re quiring their immediate return to the metropolis. As soon as Sir ROBBILT PEEL returns from Windsor C atle, it is expected a Cabinet Council will be held. the Corporation, and the town-clerk, only according to the best of their knowledge, information, and belief, which, as I have already stated, I do not think sufficient. They farther add that these books and repertories contain, as they are advised and believe, entries which form most mate rial evidence of their exclusive right of metage, and which they intend to use in support of their right : but this will rot entitle them to withhold the documents, unless they also deny with sufficient certainty (which they do not?, that they contain evidence in support of the case of the plaintiffs. It was further objected that the bill only charged that these books related to the matter in question, and that it was not alleged that, if produced, they would establish the case °rale plaintif, and that it was only admitted by the answer that the accounts related to the matters in question in the cause. But this admission alone will, prima facie, entitle the plaintiff to inspect them. Smith v the 'Duke of Beau fort, Storey v. Lord Lennox, Tyler v. Drayton, and others cases have decided that point. It is not necessary that more should be stated in the bill, or that more should be admitted by the answer. It was also said that the documents were re quired merely to negative tbe case of the Corporation of London, and that the plaintiff had no right to require the production for that purpose; and the case of Bolton v. the Corporation of Liverpool was cited as establishing that position ; but the ground upon which the production was there refused seems to have been, that the documents were re quired merely for the purpose of ascertaining whether they contained anything] tending to disprove the title of the Corporation, not for the purpose of .proving, as in the present case, the facts alleged in the bill, and which, if established, would defeat the plaintiffs' claims. Here the plaintiffs charge affirmatively that the pay ments have varied at different periods, that they, will be shown by the accoun t s when produced, and the state ment is not positively denied, but only according to infor— mation and belief in the answer. When documents are charged and admitted to be in the defendant's possession relating to the matters in question, it must depend upon the suffi ciency of the answer whether the Court will order the pro duction of them. The remaining question relates to the charters of the 4th James 1., and the charter of Charles 11. The charter of the 6th of James the First, either the original or a copy. but as I read the answer, the original, and the charter of Charles the Second, are admitted by the defendants. the mayor, aldermen, and commonalty, and the town-clerk, to be in their possession, and they clearly relate to the matters mentioned in the bill; that may be material to the plaintiffs' case, for they tend to show that the right is confined to corn, &c., imported for the purpose of sale. In one part of their answer the defendants say the charter of the 6th of James I. was not necessary to their case; but in a subse quent part they state that the Charter of Charles 11., in which the Charter of the 6th of James I. was recited, fOrms part of the evidence of their title to the ex elusive right of metage, but they nowhere, as far as I can discover, state that they do not afford evi dence in support of the plaintiff's case. Beyond the facts which I have stated there is nothing relied upon as a reason why the charter should not be produced. There is no ground therefore for discharging any part of the Vice-Chan cellor Knight Bruce's order, and the motion must therefore be refused with costs. conveniently be prepared; care being taken that recruits joining in the meantime are not provided with trousers of duck or linen. Although specially adapted for wear during the sum mer months, worsted trousers are to be worn on the march at all seasons, but must be changed for cloth ones immediately on the arrival of the troops in their quar ters, at the termination of each day's march. Soldiers proceeding by railway or by steam-vessels are, however, to wear cloth trousers throughout the year. The sashes or girdles of the pattern prescribed for sergeants of infantry by the memorandum of the 6th of August last, being only half the price of those hitherto worn, are to be furnished, if neees•ary, every third year, an arrangement by which colonels of regiments will not be subject to any expense beyond what they have hitherto been liable to on that account. By command of Field-Marshal the DUKE of WELLINGTON, Commander-in-Chief. (Signed) JOHN MACDONALD, Adjutant-General. METROPOLITAN RAILWAYS JUNCTION COMPANY. A meeting of the shareholders of this Company was held yesterday, at the Offices, No. 11, Clement's lane, Cornhill, to take into consideration what steps it was necessary to pursue under existing circumstances. The chair was taken at half-past two by Major Croft. The business was opened by the Secretary reading the advertisement calling the meeting, when The C/SAIRMAN rose to address the meeting. He said that he wished to inform them that negotiations for an amalgamation with the Northern and Southern Com pany had been commenced, and a communication had been received from them on the 11th of the present month. The communication was signed by Mr. De Bourg, and they, in consequence, called a meeting of the Board next day. From that date they (the Company) had no doubt that the amalgamation would have been carried out, but the future prospects of the negotiation would be better told by the report which would now be read. The Secretary then read the following report : " The Directors are most anxious to lay before you a full and explicit report of the resources and prospects of the Company, being fully aware that in the present agitated state of the railway interest, nothing but the most perfect confidence and co-operation between all parties con cerned can bring any project to a successful termination. Commencing under the most favourable auspices, and supported by a numerous and highly respectable provi sional committee, the applications for shares amounted to about five hundred thousand, and were declared by the allotment committee to be the most respectable they had ever witnessed. Of these 118,865 were applied for either personally or by letter to the Provisional Com mittee. The panic occurred at the time when the allot ment took place ; and, as under the circumstances it would have been unfair, as well as impolitic, to press the applicants, it was deemed advisable to allow a reasonable time to pay up the depo sits. The 20th of November was named in conse• quence for that purpose ; few, however, had availed themselves of that extension of time; still it was thought that the best course for those who had paid would be to perfect the plans and sections, which was accordingly done. The engineer had completed his survey in time, the plans, &c., had been deposited, and the whole had been calculated to be completed at a cost of 1,200,000/. In fact, everything had been done to perfect the scheme, and nothing was wanting but for the committee to take at' the necessary number of shares to which they were p!edged, so as to go forward in the ensuing session of Parliament. The report further set forth that the pre• bable reprns on the line had been estimated at 6i per cent. on the capital subscribed, and that nothing now was wanting but the co-operation of the provisional se cretary to carry the project to a successful termination. The report concluded by stating that the Company had decided to amalgamate with another company that almost took the same course, and that the sanction of the shareholders was only wanted to carry out that ar rangement." After the report had been read, The CHAIRMAN said that, perhaps the meeting would like to hear Captain Moorsom, the engineer of their own Company, and a statement of Mr. Gibbs, from the rival line, as to the prospects of their Company. Captain Mooesom then came forward, and said that, when he first looked over this line, he thought that the scheme was not one that would be of p u bli c a d vantage ; but he found, upon a more careful scrutiny afterwards, that the'line under consideration would be of great pub lic advantage. lie found, on examination, that there was a series of valleys extending from Gravesend to Reigate, and again, from Watford to Hertford, which would allow them to construct a line with a due . regard to economy. A very considerable extent of the line could 134 constructed at 7,0001. per mile, but other por tions required a larger amount ; still no portion would be so expensive as the Eastern Counties, the London and Birmingham * or the lower portions of the Great Western, towards Chippenham. It was intended that the capital subscribed should be reduced, as the peculiar circumstances of the line would war rant ; and, without troubling the meeting with any mysterious expressions as regarded gradients and other matters connected with the engineer ing department, he would endeavour to give them a plain statement of the matters as connected with the CompaUy. As they then stood, they had many cir cumstances to consider in treating this matter. They could not flatter themselves with the expectation that ‘• long " passengers would go by their trains through 'out the entire distance ; but it might be supposed that, from such a town as Birmingham, they might expect that a portion of the passengers would require to go on to Chippenham. When they looked at the towns that lay upon the line—Watford and the intermediate towns to Hertford on the one hand, and St. Alban's and Chelmsford on the other—they might properly appre ciate the importance of the line. They looked for large traffic on a hundred miles of distance, and he knew no line of an equal distance that would be equally remu nerative for " short " passengers. He wished them thoroughly to understand what he meant. Supposing, for instance, that a passenger were coming up from Bir mingham, if he wished to go to Southampton he should go to Watford; thus saving a journey round by London. ble thought, therefore, that this line was worthy of every support in the forthcoming session of Parliament, because it afforded every convenience to the district it was intended to supply. In answer to several questions, it was stated by The CHAIRMAN that 250,000/. was the capital sub.. scribed, and that it was intended to be a double and not a single line. There were no peculiar difficulties throughout the line, and the money subscribed would be quite sufficient to construct a double line. After paying every preliminary expense they would have enough to spare for the purposes of the line. To a question from a Shareholder with respnt to amalgamating with another company, The CHAIRMAN stated that the Metropolitan Railway Junction had lodged their plans and sections with the Board of Trade. It was added, that after paying all expenses there remained 11,0001 in the banker's hands, and the outstanding debts amounted to 3,000/. The Company with which they were going to amalgamate were richer in funds than they were, but as the present Company had lodged their plans, and as the rival Com pany had not done so, they were in an equal position. A resolution was then passed for the amalgamation of the two Companies, and a vote of thanks being given to the Chairman, the meeting separated. Nothing could be better devised than Nicoll's Re gistered Paletot to suit the ever-varied nature of our climate, forming, as it now does, net only the sine qua non of the railway traveller, but is equally so adapted for any gentleman taking out-door exercise. It may be said distinctly to mark the costume of the nineteenth century, if that is rightly called marked which is only conspicuous for an unpretending and graceful bearer, the wearer feeling se muck at ease. Certainly as an over-coat it is patronised highly, and is also a general public favourite, being so peculiarly English, and avoiding all foreign extravagance of style. It must be ac knowledged as a vast improvement ever the old great boat, associated in oar remembrance with an uncomfortable sensa tion of tight buttonings, which, from its very clumsiness, defeated its object, the warmth of the person, as interfering with the proper circulation of the blood. The principal hues are black, blue, brown, and olive; also the clerical mixture called Oxford, and can be had of the patentees, or only of the most respectable clothiers out of London. Every winter paletot is thite guineas, and is stampted in the lining with the words, "Registered 6 and 7 Vic., ear. 65. H. J. and D. Nicoll, 114, Regent-street, London. [ADVERTISEMENT.] —DEFECTIVE SIGHT AND H iu RINa RILIETED, Instruments and Spectacles sent into the country by post, 39, Albemarle -street, Piccadilly, Newly-In vented Sreetacles, Powerful Telescopes, Opera Glasses, Micro scopes, &c.—Patronised by his Majesty the King of Hanover, her Grace the Dowager Duchess of Bedford, their Graces the Archbishops of Canterbury, York, and Dublin, the Dukes if Devonshire, Norfolk, Argyle, Marlborough, and Manchester, Bishops of Exeter, Lincoln, Cork, Elphin and Kildare. Messrs. S. and B. Solomon!, Oculists and Opticians, have invented Spectacle Lenses upon a new construc tion. Immediately they are placed before imper fect vision, either by day or candlelight, that mist and dullness which appear before the eyes is at once removed, and every object becomes clear and distinct, so that the most aged defective sight becomes bright and brilliant, and is brought to its youthful, natural, and original state. Also the most Powerful Achromatic Telescopes, Opera Glasses, Microscopes, Invisible and all kinds of Acoustic Instruments for relief of extreme deafness. Caution—Messrs. S. and B. Salmons, Opticians, are not in any way connected with a person of the same name in their immediate neighbourhood, nee in any part of the country. To prevent mistakes be cautious, and observe—Only to be had at 39, Albemarle-street, Piccadilly, opposite the York Hotel. [ADVERTISEMENT.]—CURB OF FEARFUL ULCER OUS SORES, IN MALTA, BY HOLLOWAY'S PILLS •NO OINT MENT —Mrs. Duncan, whose husband is employed in her Ma jesty's dockyard at Malta, suffered for more than two years from ulcerous sores in her feet. She formerly resided at Corfu, and was treated by the best practitioners there, from whom, however, she derived no benefit whatever, when, after using five or six boxes and pots of Holloway's Pills and Oint ment, a perfect cure was effected. The truth of this state ment is so notorious at Malta, that the editor of the .3falta Nail newspaper was induced to insert the particulars of the case in his paper of October 31, 184.5.—501 d by all druggists, and at Professor Holloway's Establishment, 244, Strand, London. SIMPLE METHOD OF RAISING SUNKEN VESSELS.- Captain Manby, of the Royal Navy, has addressed a letter to Lloyd's, upon the subject of a simple and economical method of raising sunken vessels, and removing channel ob structions THE FARMERS AND THE REPAL OF THE CORN LAWS—We have heard from several quarters where informa tion of the kind was most attainable, that the farmers who usually visit Canterbury market did not on Saturday last express any other feeling on the Ministerial changes in progress than a wish that some permanent deci sion should be immediately arrrived at, and seeing that repeal of the corn-laws must sooner or later take place, they would prefer the accomplishment of such a measure at once to state of continual uncertainty and alarm. The farmer is wise in this—there can be no ease or security or indepen dence for him until this takes place. The sooner that total repeal of this landlord's law occurs, the better uuquestinn ablY fn every Dlltivattv Uf tt's ~il.~Ke+zt Herald THE SUN. LONDON, SATURDAY EVENING,I DECEMBER 20, 1845. LAW INTELLIGENCE. COURT OF EXCHEQUER, Dee. 18. (Sittings at Nisi Prius, in London, before the LORD CHIEF liazox and a Special Jury.) CASTLEMAN r. CAPPER. This part-heard case was resumed this morning. It was an action of assumpsit, brought to recover the sum of 1,000/. on a policy of insurance, effected on the brig Alarm with the Marine Insurance Company, of which the defendant is deputy chairman. The defendant had pleaded, denying his liability, except as to 5001., which he paid into Court. Mr. Crowder and Mr. Cleasby appeared for the plaintiff, and Mr. Jervis, Mr. Martin, and Mr. Wilde, for the de fendant. The plaintiff was a gentleman of property, residing in Dor • setshire, and the defendant the deputy-chairman of the Ma rine Insurance Company. In August, 1842, the plaintiff, being the mortgagee of a brig called the Alarm, effected a policy of insurance with the defendant's company upon the vessel for 1,0001., the sum he had advanced upon her, which was to extend over and remain in farce for a period of twelve mouths. The Alarm was engaged at the time in the coasting trade of South America, and continued in the same trade till the subsequent June of 1843, when she sailed on a voyage from Monte Video to Paraguay, a small place lying between Monte Video and Rio, and in the course of this voyage she encountered some very severe and bois terous weather. She was struck several times by the sea, and once touched upon a bank on the coast, known as the English Bank. On her return to Monte Video it was found that she had received so many injuries as to render her not sea-worthy, and past all repair. She was, therefore, sold as a condemned vessel to a Spanish ship-breaker for 2001., and the plaintiff ultimately brought the present action to recover the amount of insurance he had effected upon her. The master of the Alarm wa s ca ll e d to • prove the manner in which she had received her injuries, and one of her Majesty's Marine Surveyors, named Hodges, spoke to the nature and extent of the injuries. She was, he said, so much damaged, that it would have cost more to repair her than she would after wards have been worth. Had she been in England the cost of her repair would not have amounted to more than one quarter; butboth labour and materials were cheaper here than in South America. The carpenters of Monte Video received double and sometimes treble the wages of an English carpenter, and one of the latter would do the work of four of the former. Besides, the Monte Videan carpenters and artisans were quite independent of their employers, and if the latter happened to sae an angry word to, or remonstrate with, them upon their idle habits, they would eollect their tools and leave the work they were upon undone. Mr. JERVIS, for the defence, contended that the injuries of the Alarm were not so great as to justify her condemnation, sinoe the expense of her repairs might have been most extra vagant in Monte Video, but she might with safety have been brought over to this country at a very moderate out lay, and then made equal to a new vessel at a trifling cost, compared with what it would have been in South America. The injuries, therefore, of the vessel must be taken in the light of a partial loss, and not considered as being suffi cient to entitle the plaintiff to recover the same damages as in the case where a total loss had ensued. The plaintiff had been amply remunerated by the money paid into Court for the partial loss, and he submitted that the verdict ought to be for the defendant. Witnesses were called to substantiate this defence, after which Mr. CRowDER replied, and The LORD Cum , 13Anolt summed up, explaining that a con structive loss did not mean that. the vessel was totally de stroyed, but that it had become utterly useless to the owner, and leaving it for the jury to say whether a prudent man, who was not insured at all, would have sold the vessel for 195/, under the circumstances related by the two wit nesses for the plaintiff. In point of law, a vessel could not be condemned on speculation, or, as in this case, where the actual damage had been guessed at, but not ascertained. The jury found a verdict for the plaintiff. SECONDARIES' COURT, Dec. 18. (Before Mr. Secondary JA.szirs.) GEAR" . t'. LATTER. The plaintiff in this action is an ironmonger, in Holies street, Clare-market, and the defendant, a surgeon, in the Adelphi-terrace. The action was brought to recover the sum of 8/. Os. 6d. for goods sold and delivered. The defendant pleaded that he never was indebted. Mr. CRoss, for the plaintiff, said that the delivery of the goods was unquestionable, and the only defence which could be anticipated was, whether the plaintiff, who carried on business under the firm •f Geary and Son, was in partner ship or not. H. Fox examined— Was formerly foreman to Mr. Geary, sen., deceased. Went in June or July last to do some trifling jobs at defendant's house, when defendant desired hina to make him a pattern of some wire screens for his approval. Witness caused one to be made, but it was aot approved; two others were made, neither of which pleased his taste, but they were ultimately left with him. The charges were fair; the master was entitled to charge one-third more on wages, as well as profit on the material. Cross-examined by Mr. CHARNOCK—Mrs. Geary had two sons. Witness was consulted about their being taken into partnership, and he objected that one son should be set be fore the other, and the bills were made out " Geary and Son." He always looked on Mr. Atlas Church (Mrs. Geary's sou) as master; he hired and paid the workmen and ser vants. There was a common cash-box between the two, and each had a key. The bills produced were signed Geary and Co., and he kept the book. Mr. Atlas Church was called, and swore positively that he was not a partner, but a servant, at 225. a•week, and th a t there was no cash-box; as described. Mr. CHARNOCK addressed the jury, and said it was a painful case. On either side one party or the other was guilty of deliberate perjury, but the only one interested in supporting the action was the last witness. He called A witness, who estimated the value of the work at 41. 15s. The SECONDARY left the case to the jury whether there had been a partnership. If so, the verdict must be for the defendant; if not, then the jury would estimate the value of the goods. Verdict for the plaintiff—Damages 5/. COURT OF BANKRUPTCY, Dec. 19. (Before Mr. Commissioner Farm.) • IN RE SAMUEL ELPILICK. _ The bankrupt in this case was described as of the Green Dragon, Bermondsey, victualler, and this day applied for his certificate. His debts are about 6001. He was supportod by Mr. Duncan, counsel, and opposed by Mr. Pyke, solicitor to the assignees, upon the grounds of untradesman-like conduct, and disposing of assets to favoured creditors, instead of allowing them to be distributed by the Court. It appeared that the untradesman-like conduct was founded upon the fact of his not giving notice, as is usual in the line of business that the bankrupt had carried on, to the whole sale tradespeople, that he was going to dispose of his stock on the 29th of May last, which he did for 20/.; and giving a preference by paying certain persons, and absconding the day after he sold his business, and also residing at Brighton, expending part of the 200/. he received from the sale of his business, instead of coming to the Court and allowing it to be fairly distributed among the general body of creditors. Mr. Duncan, in reply, said that c er t a i n i n di v id ua l s h a d ad vanced the bankrupt certain sums of money, which had been used in his business, and, therefore, such creditors were en titled to have the preference ; and that at the time he gave the preference he did not contemplate bankruptcy, and had not kept anything for his own purposes. Mr. Commissioner FANE was of opinion that the bankrupt had not conducted himself in a way to entitle him to the benefit of the bankrupt law; that he had acted in an under hand distributingand with the remainder livin g i n the major part of his assets among the country. It was impossible for thi s H onour to say that this bankrupt had acted fairly, and, th ere f ore, un d er all the manner favoured n creditors, circumstances of the case, he must mark the censure of the Court upon such conduct, by suspending the allowance of the certificate for two s ears from the date of the fiat. CENTRAL CRIMINAL COURT OLD COURT. (Before Lord Chief Justice TINDAL and Mr. Baron ALDERSON.) TUE FORGERY ON THE BANIE of NORWAY.—Knot Bull, 29, described as an artist, and Peter Schmidt, 39, who was stated to be a merchant, were jointly indicted under the statute for having unlawfully in their posses sion a block of brass, upon which was engraved a por tion of a promissory note or order for the payment of money, purporting to be a note of a foreign state—to wit, the kingdom of Norway. There were upwards of thirty counts in the indict ment, varying in different respects the precise form of the chsrge, and in some of the counts there was given an impression from the alleged fraudulent engraving. Mr. Clarkson, with Mr. Bodkin, conducted the prose cution ; Mr. Doane appeared for the prisoner Bull, and Mr. Ballantine defended Schmidt. The trial occupied the Court a great many hours, but as the facts have very recently, been detailed, it will not be necessary to give the evidence of each witness in full. It appeared that the prosecution was instituted by the Bank of Norway, which corporation, it was alleged, was attempted to be defrauded by the act of forgers' imputed to the prisoners. It would seem that the com mencementofthe transaction was at Stockholm in August, in which city the prisoners were seen together, and gull was there seen in possession of a Norway bank note for one hundred dollars, which, it would appear, was the amount of the notes that were intended to be forged; and Bull was then traced from the city of Stock holm to London, where he arrived in the beginning of September, and took an apartment in Gloucester -street, Queen-square, Bloomsbury. It was then proved, that immediately after his arrival in England, the prisoner Bull exerted himself to get paper of a particular descrip tion, such as was used for the genaine Norway bank notes, and that he also employed a wire-maker to pro vide the necessary apparatus to make the water-mark ; and, in order to lull the suspicions of those who were engaged in the transaction, it was cunningly contrived that the ward " lottery" should be introduced, but in such a manner that it could be o mitted when the plate was finally worked off. To show the connexion the pri soner Schmidt had with the transaction, it was proved that when he was taken into custody, a letter was found in his possession, signed Henry IClemford, which very clearly came from the prisoner Ball, and in which he addressed him in the most familiar terms, and detailed all his proceedings in England, of c3urse in ambiguous terms, but very clearly referring to the particular trans action. He expressed himself very anxious to see his friend, for he said that " London was very dull, and be could not tell how Englishmen amused themselves," and evinced great anxiety for his friend (Schmidt) to come to England to join him. An answer to this letter was found in the possession of the prisioner Bull, and it appeared that, very shortly afterwards, Schmidt arrived in London, and took up his abode in another part of the same house occupied by Bull. It was then shown that the prisoners went together to the engraver's, and the other parties concerned in providing the plates and the paper, and upon the final proceeding, when Bull ob tained possession of the plate upon which a portion of the note was engraved, they were both taken into cus tody by John Forrester and his brother, and upon searching Bull, several portions of a genuine note were found in his p ssession, as well as the plate in question ; and upon searching the lodgings, a genuine one hundred dollar note was found, but some portions had been cut from it, and the omissions were supplied by the pieces of paper found upon the prisoner Bull. The Learned Counsel for the prisoners addressed the jury on their behalf, but did not call any witnesses. Chief Justice TINDAL summed up, and the jury re tired at a quarter to seven o'clock. They were absent about ten minutes, when they again came into Court, and returned a verdict of Guilty against both prisoners. Mr. I)OANE said, on behalt of the prisoner Bull, he believed the prosecutors would say that he was the least guilty party in the transaction. Mr. BODKIN could only say that it was believed that Schmidt was the principal in the transaction. Chtef Justice TINDIAI slid lie could citry Iobk• It the appeal, he did not wish to act with severity against the defendant by pressing for his commitment. He would like Mr. Newbon undoubtedly either to pay the money in fourteen days, or to appeal. The undertaking was at once given. Mr. Newbon, who complained of so great an array of legal talent and personal influence as had appeared against ,his unassisted advocacy, then stated that the Company herepresented laboured under very considerable hardships from the course the Corporation had pursued. They had favoured the rival company by allowing them to ply at the new pier at the precise period when the Waterman's boats had been in the habit of calling at the old pier. He denied the right of the Corporation to erect the new pier and to make these regulations. The LORD MAYOR—I do not sit here to try the ques tion of right. The City Solicitor trusted his Lordship would permit Mr. Newbon to state his grievances, whatever they might be. That le a r ne d gentleman had indulged very freely in his observations upon the Navigation Committee upon a former occasion at the Mansion-house, when no one was present to answer him. It would have borne a more manly aspect if his learned friend had apprised him (the City Solicitor) of his intention to cast these imputa tions upon the City authorities. He would have found him (the City Solicitor) prepared with an answer. The City Solicitor hoped Mr. Newbon would be allowed to proceed, as it was not improbable that a little discussion might lead to a termination of those disgraceful conflicts which were day by day repeated, in consequence of the attempts of this Company to violate the wholesome regu lations of the Corporation, and to establish for them selves a close monopoly bs preventing other vessels from approaching the pier. The object of the Waterman'; Steam-boat Company throughout the affair was quite apparent. Before the erection of the new pier, boats of a large capacity, like the other Woolwich boats, could not get alongside the pier. The consequence was, that the Waterman's Company had established a close monopoly. They had been acoustomed to go to the old pier as often as, and no oftener than, their own conve nience dictated, without reference to the accommodation of the public residing in that locality. Sometimes they went every twenty minutes, at other times every half hour, and sometimes only once each hour. The other company started from Hungerford pier regularly every half-hour, and Mr. Newbon's Company wanted, by run ning their own boats alongside, in the manner the wit nesses had detailed, to drive their competitors out of the field, and so restore the close monopoly which had existed in the days of their own inconvenient and unsafe land ing-place. Mr. Newbon said that Mr. Pearson's statement was founded altogether in error. The Waterman's Company only wanted to have an opportunity of keeping their own time at the pier, of which privilege the Navigation Committee had deprived them, by giving it to the Wool wich Company. He denied the right of the Corpora tion, and desired to have an opportunity of trying it, if the Corp ,ration would bring an action against any of the officers of the Company. The City Solicitor said he would at once put that statement to the test. He could but condemn, in the strongest terms, the conduct of the advisers of the Com pany, in endeavouring to effect their objects by force, and by that means placing their more humble instruments in a situation which rendered them liable to fine and im prisonment for acts for which their principals ought to be made amenable. Mr. Newbon—That is what I want to try. Don't be alarthed about the men we employ ; they shall be suffi ciently protected. The City Solicitor—You, Mr. Newbon, were, I under stand, on board one of the Waterman steamers, exciting and urging the passengers and crew toinvade the pier in spite of the force then prepared to resist the aggression. If you really wish to try the question of right with the Cor poration, and you will make an appointment to come up in the steamer to the pier in half-an-hour, or at any time you please, I will be there to receive you, and if you put your foot en the pier, I pledge my word that you shall meet with no resistance, but, within an hour afterwards, an action shall be brought against you personally to put the question of right in course of trial. Mr. • Newbon—No ; I decline to do so. I offered it a fe.v days ago ; but now I shall bring an action myself for the treatment I then received. The Chairman of the Navigation Committee said that if the Waterman's Company really suffered any incon venience, it was their own fault for not coming before the Committee to state what it was they desired. Per haps some accommodation might be devised which would suit the convenience of all parties. . Mr. Charles, jun., the Chairman of the Company, said the directors were anxious to confer with the Naviga tion Committee, and write to them to that effect, but received no reply. Mr. Joyce said he had himself made a communication to Mr. Charles, which, if attended to, might have pre vented ail the confusion that had occurred. As a large shareholder in the Company, he felt that his pro perty was being injured by these contests, and was anxious for their termination. The Navigation Com mittee would meet the next day at twelve o'clock, and if the Company wished to confer with the Committee, it would be easy for them to attend. The City Solicitor said he was afraid that would not suit either his Learned Friend, Mr. Newbon, nor him self —( A laugh.) The present bellicose aspect of affairs promised a plentiful crop of law suits actions, indictments, and law proceedings in all form s . It their clients got to thi-r and talked over the matter as gentlemen and men of busin ss, it was to be apprehended that these suits would vanish into thin air.— (Laughter.) It was very well to vapour about trying the question by a case in the superior courts, and very tender and sentimental to express pity for the poor men who were put in jeopardy by the violent course now adopted ; but it was quite obvious that that pity could not be sincere on the part of himself or his Learned Friend, or means might be readily found to give effect to their generous and judi cious feelings upon the matter. If his Learned Friend would permit his very respectable clients, the directors, to meet the Navigation Committee next day, and if he would do the City Solicitor the honour to pair off with him into the next room, where the preliminary arrange ments for the actions against Mr. Newbon and himself might be settled, he made no doubt that their respective clients would improve the opportunity and end their dis putes, and they might rely upon ir, there would be no litigation amongst the inferior actors in the scene. Mr. Newbon did not assent to the proposal, and an appointment was made for hearing the other informa tions on a future day. The LORD MAYOR then expressed his determination, by every means at his command, to preserve the public peace, and, in case of any violation of the law, he was prepared to sit and hear the cases as often and as long as circumstances might render it necessary. CLERKEN WELL. AN TRISE WAILE,—Mr. Goodman, landlord of the Ship, in Saffron-hill, was charged with having had his house open for the sale of spirits at an unlawful hour. Police-sergeant Wilkinson deposed that on passing the Ship, at twenty minutes to four on Sunday morning last, he heard sounds of merriment proceeding from the first floor. He knocked, obtained admission, and on entering the front room on the first floor saw several persons sit ting round a table drinking. Mr. COMBE—What was on the table? The sergeant— Several, pewter pots containing beer. Mr. COMBE—What else? The sergeant—A coffin, in which the corpse was. They were all drinking round the body. Mr. CoMBE—Did the man die there? The landlord admitted that he did not. Mr. COMBE—Then it would appear the corpse was brought there for the purpose of selling the beer. The landlord denied that such was the case. Here an Irishwoman, " in weeds of woe," vociferated from the body of the court " I am his wife," and at the same time flounced up to the witness table. Mr. Curiae—Whose wife are you ?—My husband's. Mr. COMBE—The defendant's ?—No, the dead man's. Mr. Comnn—What do you mean ?—The lady, in a stentorian voice, went on to say that she brought the re mains of the deceased there because she had no place else " to wake him decently in." The defendant was fined 11. and costs. The widow left the Court vowing vengeance against the police. John Peters, a strong built, powerful man, was charged with assaulting police-constable 432 N, in such a manner as to place his life in danger. About twelve months ago the prisoner was convicted and punished for a very brutal assault on the com plainant, against whom he has since harboured a grudge. On the night of the 7th ult., the constable was quietly standing at the corner of Southampton street, Pentonville, when the prisoner went up, and in an insolent manner directed the constable to give him a light for his pipe. The constable replied, "I have not got one, sir." The prisoner, who was sober, said, " Then gu up the lamp- post and fetch it." The officer, of course. refused ; whereupon the prisoner attacked him, knocked him down, and kicked him violently in the groin and abdomen. At this moment Police-con stable 333 came up : he was lifting the prosecutor, when the prisoner, with his hob-nailed boot gave the nnfortunato man another kick on the stomach, from the effect of which he became insensible. The police-con stable 333 N then attempted to secure the prisoner, who beat him severely. The constable, however, clung to him, and, with brutish ferocity, the prisoner fastened his teeth in the officer's hand, producing four wounds. As sistance came and the fellow was secured. Police-con stable 432 N (the prosecutor) was for several days in a very critical condition, and is still weakly, and looks ghastly. For the assault on police-constable 333 N the pri soner has undergone a month's imprisonment. He was now sentenced by Mr. Combe to another month's im prisonment without fine. Prisoner—" I'll sky the beaver ;" and so saying threw up his hat to the ceiling of the Court, catching it on its fall with great adroitness. SUBSTITUTE FOR POTATOES.—Perhaps the best sub stitute for potatoes is the Swedish turnip; the best method of preparing which, though well understood by agriculturists and cowkeepers, is not generally known to housekeepers in town, who are apt to complain of the intolerable length of time the root takes in boiling. This is really the case only when the Swede is cut into lumps or slices; the proper way being to boil the root entire, afterwards divesting it of its outer integument. In this way the smaller-sized roots are reduced to a fine pulp ; and the flavour is so much improved as to be preferred uy many to the white globe. Those who wish to keep a stock of Swedes for family use should choose the middle-sized, cut off the collar straight with the bulb lay this end downwards in a cool but dry situation. Do net place them in heaps.—Brighton Gazette. Some of the coal proprietors in Lancashire have raisel the price of coals one shilling per ton. On Monday, the 15th December, the Rev. John Vane, M.A. &c., of Dulvrich College, distributed the annual rewards to the boys of Mr. Walton's school, Albany-house, Kent-road. The old scholars will read with delight that their respected friend still continues to watch over the beat baterosts of the pupils. - • case as it appeared before the Court. If there was any ground for it, an application might be made to the Se cretary of State. The prisoners were then called up for judgment, and upon being asked whether they had anything to say in arrest of judgment, they made no answer. Chief Justice TINDAL, on passing sentence, said they had been convicted of a most grave and serious offence— that of forging the notes of the country to which they belonged, no doubt with a view to their own benefit, but to the injury of the community at large. If they had been successful it was difficult to say what might have been the injury to individuals and to general credit, and as a warning to others, he felt it to be his duty to pass upon them the full penalty fixed by the law, which was that they be transported for 14 years. Mr. BODKIN then applied for the costs. lie said that he did so formally, at present, because he believed that when an answer was received to a communication that had been made to the Norwegian Government, it would be found that they would not receive the expenses. The COURT granted the application. POLICE INTELLIGENCE. MANSION-HOUSE. BLACK FRIARS•PIER—WARR V. KINCHIN.—As early as ten o'clock yesterday morning a considerable number of persons connected with the steam-boat companies were in attendance at the justice-room, in expectation that some cases would be brought before the Lord Mayor relative to the proceedings which are creating so much public excitement at Blackfriars Tier. The Lord Mayor and Aldermen Musgrove sat to ad judicate. Mr. Ryland, the senior City Pleader, and the City Solicitor, were present, together with Mr. Bedford, the Chairman, and Mr. Hall, Mr. Corder, Mr. Bower, Mr. Joyce, Mr. Charles, &c., members of the Naviga tion Committee. Mr. Newbon, the Secretary to the Waterman's Steam-packet Company, attended on behalf of that Company, for whom Mr. Clarkson, the barrister, had been retained. As Mr. Clarkson was obliged to conduct an important prosecution at the Old Bailey, the weight of the defence lay upon the shoulders of Mr. Newbon. The Chairman of the Waterman's Steam packet Company was also present. The interest excited was extreme. Mr. Ryland said he had the honour to appear before his Lordship under the 52d of George ILL, which autho rised the Lord Mayor to adjudicate in all matters affect ing obstructions in the Thames, according to the provi sions of the 50th of George 111., under the 16th section of which an information had been laid by the pier-master of Blackfriars-pier against the captain of the Waterman steamer, No. 8, for having, in the language of the Act of Parliament, so managed his vessel as to impede the regular passage of other vessels in the river. He should prove, to the satisfaction of the magistrates, that, on the 16th of December, the captain of No. 8 steamer drew up alongside of the pier at Blackfriars, and, apparently by preconcert with the master of another boat belonging to the same Company, and also lying by the aide of the pier, effectually blocked up the gang way, so as to prevent all access to the pier from other boats, which, by observing the regu lations passed for the protection of the public, had a right, at stated times, to land and embark pas sengers at the pier. It would be proved in evidence that the Syren and Niobe, two other steamers, the one going up and the other coming down the river, arrived at the pier, with several passengers desirous to land, and that they were effectually prevented by the Waterman's steamers, which occupied the whole length of the pier— sometimes making a feint to leave the pier, but, the mo ment the other bOats attempted to get in, backing their vessels so as to keep the others out altogether. That was clearly such an obstruction of the navigation of the river as was contemplated by the Act. The Niobe and tee Syren were prosecuting their voyage from their starting to their arrival-p Lice at the time when they were thus obstructed, and to impede them in their pas sage to the pier was as clearly a violation of the provi sions of the statute as if they bad been impeded in any other part of the stream. lie understood that the soli citor for the defendant would attempt to bring into the case matter which had nothing whatever to do with it. It was pretended that the Waterman's boats had a right to ply at the pier. If they had any such right, or if they fancied they had any such right, they ought to assert it in a proper manner, and in a proper court, and !lot, by obstructing the river Thames, expose the public to danger and inconvenience, as was now the case. That the Legislature did not intend that the Thames should be made the scene of contests of such a nature, was very apparent from the omission in the Act of clauses which, in statutes relating to tre:.passes, and assaults especially and in words, excluded the jurisdiction of the magis trates in all cases where it appeared that they took place under circumstances which involved questions of right or title, either real or assumed. There were no such words in the present case, and the only real ques tion before the Court was, whether the passage of the Niobe and Syren had been impeded, and whether the obstruction hal been occasioned by the defendants. The Corporation had no vindictive feelings against the Wa terman's Company, or against the defendant ; all that was required was, that the Waterman's boats should ob serve the regulations, and keep the agreement into which they had entered. Mr. Mend here read the agree ment, which was, he said, signed by Mr. Newbon. as secretary or solicitor to the Company, and bound the Company to observe all such regulations as the Naeiga- Von Committee had made, or should hereafter make It further stipulated that they should . pay sixpence each for every time they stopped at the pier. That was to constitute a fund for tlse payment of the pier-master and others in charge, and for such repairs as necessity might require. It appeared that the Corporation erected the pier at a cost of nearly 4,0001, in substitution of an old floating pier, which was so faulty in material and ?true Lure that persons were constantly in danger who landed or embarked there, and on two or three occasions fatal accidents had ensued. The Corporation did not seek to gain a shilling by the pier. They made the outlay for the accommodation of the public, and they endeavoured to afford equal accommodation to all, but, unless they maintained the regulations, nothing but confusion would prevail. The Learned Counsel then called Mr. Thomas Joyce, who stated that he was a member of the Court of Common Council and of the Navigation Committee, and a large shareholder in the Waterman's Steam-packet Company. He was on board the Water man's steamer No. Bat the time stated. There was also another of the same Company's boats (No. 6) alongside the pier at the same time. They continued there up wards of ten or twelve minutes, and occupied the whole length of the pier, ro that no other boat could get in. The Syren and Niobe shortly after came up, but they were effectually excluded from the pier, and, after hay ing waited some time, they continued their voyage with out being able to land or embark passengers. Upon their departure the Waterman's boats also left the pier. In his cross-examination by Mr. Newbon, Mr. Joyce said he had put himself forward in this case, if possible, to terminate the disgracerul proceedings which were goin g on, and which would prove seriously detrimental to the interests of the shareholders, whose true interest required that as much as possible should be done to in crease, by increased accommodation, the means of cheap and expeditious transit on the river, and not by obstruct ing and impeding each other. The agreement entered into by Mr. Newbon on behalf of the Company, had been put an end to by the Corporation in consequence of the infringement of the regulations. Mr. Newbon called for the order of the Navigation Committee prohibiting the Company from using the pier. Mr. Ryland said that no notice had been given to pro ducts the order. It was, of course, in the Company's possession, and if Mr. Newbon wanted the entry in the Committee's books, it was in the room, and might be read by that gentleman as part of his evidence. Mr. Newbon submitted that the whole question turned upon the order. It was necessary in such a case that the whole proceeding should be conducted in a legal and impartial manner, and it was not because the Navigation Commmitee chose to make an order, that such order must necessarily be such as the law recognised. The LORD MAYOR—I do not consider that the ques tion before me has anything at all to do with the order. I shall have nothing whatever to do with what Mr. New bon is aiming at, but proceeed to hear the evidence as to the obstruction on the river. Mr. Russell (examined by Mr. Ryland) said he was on board the vessel referred to. Our boat could not get to the pier to discharge its passengers in consequence of the defendant's boat and another belonging to the same Company being alongside. Our boat was detained upwards of ten minutes more than she need have been had it not been for the obstruction, in consequence of which he was too late for the railroad train by which it had been his intention to go. Richard Wheeler and George Cruise, captains of the Niobe and Syren steamers, confirmed the testimony of the former witnesses as to the alleged obstruction, and stated that the two Waterman's boats, Nos. 8 and 6, used every exertion to prevent them from landing or taking in passengers. Mr. Newbon declared that, if the captains of the Waterman's boats endeavoured to accomplish anything of the kind, they acted in disobedience to the orders of e t w e showut lawfuleny pretenceexcuse— what for a the directors. H e t h en called upon the Lord Mayor to look strictly i n t o t h e Act of Parliament, which stated that the party li a bl e to penalty must have been at the placet r itho levidencealleging t i was it ht the defendant was there without lawful excuse ? He could prove that the defendant had been exercising a right, and had been infringing no law and no regulation. The magistrate could in such a case know nothing except what would be proved formally and judicially before him, and the defendant claimed, as a right, an adherence, upon the part of the prosecution, to the established rules of evidence. Mr. Ryland declared that in the Act upon which he was proceeding there was not one word about lawful excuse." The LORD MAson, after having conferred with Alder man Musgrove, repeated that he should consider nothing but the obstruction to the navigation, the charge under the Act of Parliament. He had nothing to do with the right of the Corporation to erect the pier, and the right of the Steam-boat Company. These rights they must contest before another tribunal. He had but one duty to perform, which was, to preserve the public peace, and to prevent the navigation of the river from being ob structed. 111 r. Ware, the pier -master, who laid the information, wai then examined, and he con fi rmed, to the fullest ex . . ent, the evidence of the former witnesses. - - ----- --- The Loan M AYOR —It h as been proved to my satis faction that the defendant in this case did wilfully im- pede the passage of the Syren and the Niobe, and I, therefore, fine him in the mitigated penalty of 51. Mr. Newbon said he understood that the Act gave him the power of appeal, but he wanted some little time to consider whether he should take that course. Mr. Goodman (the Chief Clerk) said the latter Act required that the penalty should be forthwith paid, dor the defendant should be oummitted to the House of Cor rection, Tea Cit Mioitor said, as on* of the statutes under which the tuation 11:84 11 1 ,,i 4 tho right of MARKET INTELLIGENCE. .(From the London New Price Current of Dec. 1 9 .) SUGAR.—To-day importers of Colonial Sugar evincesisassev" ness, and refrained from offering any at public sale; there was, however no increase in the demand, in f ac t less basin was done. For British Plantation of all descriptions the rat previously established were insisted upon ; but the dem was very limited for all purposes, the quantity disposed amounting to only 100, making the total sales for the 1,000 hhds and tree. REFINED.—To-day refined goods were purchased with in' creased freedom by the home trade, and advanced rates wer e given, standard lumps bringing 65s to 65s 6d, and 'kww n . grocery lumps 64s to 64s 6d p er cwt . B on d e d crus h e d Sag' at present is not to be had under 34s for the fine quality. , Mauurrius.—The business tran sac t e d h as been almost exclusivelyconfined to a public sale of 2,639 bags and . 1 ; ,. casks of the new crop, whi c h wen t at t h e compars",,'" market value of British Plant a ti on , b u t a t prices 28 6d to per cwt under those of the highest point of the market fa , Mauritius Sugar; fine y e ll ow 53 1, goo d 50 s 6d to 51s middling 488 6d to 49s d, low, 478 to 48s, fine brown 465 to 475, middling grey 48s, washed 44s to 495 6d, sYr u PY 48s 6d. EAST INDlA.—lmporters of Foreign East India descrieti° as , have refrained from offering any at auction. The pureh , g' made privately by exporters and the home trade have beeed extremely limited, although there are sellers of Java a . l Manilla upon rather lo wer terms. Bengal has met witht more attention, but mercha n t s h ave b een compelled to el' " , previous reduced rates for all descriptio ns . In Madras the_ has been little business tra nsac t e d pr i vate l y , b u t holders 8 not inclined to take lower rates. at FOREIGN.—Holders have re f ra i ne d f rom o ff er ing anY__s_ public sale since Friday last, an d at present little is decla.r`Te but privately there is still a fair quantity of all descrienras on offer. The business transa c ted i n Y e ll ow H a vannah h holders been extremely limited by private contract, althoug are inclined to realize. 14 twithstanding the late considec able decline that has occurred in the value of Brazil, still e r refiners purchase with caution and there are very few r. ping orders. All other descriptions of Foreign are diffien of sale. COCOA.—This afternoon Bahia Cocoa met with tention, and 230 bags were nearly all taken in at 36s good bright red, and first class sea damaged at 30s to per cwt. re' COMR.—This afternoon Ceylon Coffee was in less rte quest, but holders were firm, and 2,401 bags at public ''' ke were all taken in at full rates. Of Rio 36 tierces 39 asst 122 bags and 301 barrels offered, a small part only s ° „', 6 - a, rather lower rates; mid blue went at 638 6d to 7 a' ties mid mixed 60s to 61s 6d, low mid unclean 52s to 5 5 5 , „ 03 , little sit; fine ordinary brownish 42s 6d to 435, good ordinary 0 03 sea damaged 30s to 335; the remainder was taken in at : J th , to 60s for sound, and inferior 405. 307 bags of Bahia r d i s drawn at 3ls for good ordinary. 1,174 bags of East Inds were withdrawn. r a TicA.—The purchases made i n a ll descriptions Coolnder% have been on a more extended sca l e thi s wee k, but II b ong are unable to obtain any adv ance i n pr i ces . In F_ ii c nis i a fair business has been t r a nsac t e d at l a t e rates, Pow and low ordinary selling at 3id t o 44d, an d m iddling O h ti v g 5d to 10d. Twankay is held with firmness, the supelY cs s small, and the trade in want of it. For Hyson P ie d, do not improve, there has, however, been a better dam and a fair business has been transacted. In Imperiel_tre, has been more business transacted at about former To Of Gunpowder a large quantity has been sold, but 11°t a t improvement in prices. The value of good and fise ° ; s als Orange Pekoe is 2s 8d to 3s per lb, but there is n° t te a to demand for this kind , of Tea. None has been submit ~i sci c , public competition, but there is still a l a rge quantity o t and green on offer by private treaty. _ A a t all Srutrrs.—Leewa r d Island R um canno t b e obtain e d been further decline in prices; but the purchases made Da' j o ust extremely limited at 2s to 2s Id per gallon proof. el er 21 has met with a dull sale' but there are not sellers and to proof with certificate. Holders of Jamaica are tinw i cows take lower rates; but there are few home shipping , s ates Demerara has been purchased with caution, and falin v e li " 0 is, are not obtainable for any kind. The stock o _,_"'" - thej however, on the decrease, and prices are lower than i s in were last season. Brandy is held with firmness , an id ma good demand. Geneva 'for exportation has been S 0 fair extent at 2s ld to 2s 2d for common quality. n r aish of fine for home consumption is 2s 6d to is 10d. t `" 9 , 34 Corn Spirits are wanted at lOs 9d, nett cash. G,in a . les 94 for 17 per cent., Os 2d for 22 under proof, and to 13s 6d per gallon for Malt Spirit, according Le to par RICE.—To-day there was little disposition shown c rid chase East India; at public sale 680 bags of Bengel ti st per cwt cheaper—ordi nar y d us t y an d b ro k e n whites rs "; 0 14s 6d, middling ditto 14s 6d to 15s, sea damaged, I : ion aged, 14s to 14s 6d, second ditt o 13 s , t hi r d ditt o 98, „ s etae 13s 6d, sea and tar dam age d 7 s 6d, sea d ama ged 13s 6d. 41 bags of Java were withdrawn. Deer SPICES.—This afternoon at p u bli c sa l e 802 bags _ o we Ginger were taken in a t 21 s f or sma ll h o me conanfg"oll sort ; 8 packages of Nuttilegs were mostly taken i n s lid, limed Batavia Is 9d, mouldy brown Singapore sold y t st rather wormy 2s 7d ; 6 packages of Mace were 1/ o _ l !g_ n er inds 3s for middling quality; 102 casks of Batavia taken in at 88 for low quality. c h the FRUIT.—The prices of all descritions remain r a s hoat same as last. There have been offered at public eats i ii s g, ts• 81 7,000 drums Turkey Pulled Figs, a few • A 24 RA'slo s 7(100 from 36s to 535. 221 boxes Red Smyrna ---1 vs, brls at 355, and 273 boxes Eleme Raisins at and boxes and 400 half boxes Valencia Raisins swegsai;is maged 29s to 328. 766 baskets Denis „rooml maged, from 23s to 275. 200 boxes st a nd raisins in layers taken in at 70s, 200 half-box es Jor dan Ai' 158 one-eighth boxes bunch at. 81s. 30 haN e : 9 sies there is mends taken in at 1015 s. F or new Sultana Illi a nd the P rice a very limited demand, the stock being la grate ar treaty NeW required of 77s being much t oo high. By selling at 4 78 to Zanthe and C e ph a l on i a C urrants h ave been 48s, Patras 478 te 498, and old 46s per nwt• ,-„ n; for 2 4° ismico.—Bengal is still purchased with eatti l ",, eve been chests of good shipping quality July sale's rates " uc tion accepted ; inferior kinds h ave b een f orce d off at 4 redi ic,sresh on last sale's rates of 4d t o 6d per lb. Madras an d u ten• nearly fetch last sale's valuations, but they are little ws 0/ Although Spanish is to be obt a i ne d at very l ow price* there are few buyers to be met with. ia° l/ TURPENTINE.—Spirita have been purchased with id at freedom at 63s to 645. Of R oug h some parce l s were S°ss6d 13s to 13s 6d. The value of St oc kh o l m T ar i s 15s to I per barrel. 11, SALTRITRE.—The market has a dull appeara nce for R oug _. although there are sellers und er late rates. At auction :! bags of Madras were only in part told rather under the r w of the last auction. English re fined has bee n p tiourchased Vns caution at 30s 6d to 31 s . I n Nitrate of Soda the oper . are upon a more extend e d sca l e at 145 6 d t o 15s per cw t a t en_ Ou.s.—This afternoon Cocoa N u t Oil met wi whitethore a t tion, and 95 casks & c . a t auction were sold; tine Ce,y lon at 32110 to 334 good 31115 s to 32155 per to t. 5 ° f Aus- TALLOW.—This hfternoon at .public sale g 5 cas.% to tralian Tallow were so ld, fine at 41s to 41s 3d, good 4 0 s 40s 6d, middling 39 a to 39s 9d, low 37s to 38s 6d ; 17 caskfi to Italian 39s to 40 s; 53 cas k s o f South Airnerican 395 6d 40s 6d; 55 cask s o f Y e t ers b urg h t a ken in at 4 1 s per cert. APPREHENSION OF A NOTORIOUS BURGLAR NOWINGRAM.—On Tuesday morning, Superintendent named and Inspector Wilkinson went to the house of a sweeP, n . s tre et William Wakefield, resioing in Balloon-court, Moun'te East, who had long been suspected of being Aceess°llool - many of the burglaries which have been latep re mitted. They f o und concealed in different part s of tug of mises property whi c h h a d b een s t o len from the h t. of CS T Mr. Roberts, c o tt on agent, C ast l e - ga t e , Mr. Tennwh-- and rington-street, and Mr. Beardall, of Carrington-str ee ' t i to •cf buried under some a s h es i n th e coa l place, theY i bu° silver table-spoons, halfa dozen teaspoons, and other sr with the initials of Mr. Bradbury whose house they had beenstolen Friday In nri° 's ear y_ ast an d hi Raynor and Wilkinson apprehended W. Wakefield wife Ann; and about eight o'clock the same ino rni k °g !eld's Spector Meldrum went to the house of William Wii- er e nd mother, named Dorothy, in Crown-court, Sandy-hin,e'd her having discovered some stolen property, he be foreapprehen ne and her son Abraham. The whole gang ' were brought t he of New Radfor froth the borough magistrates on Monday, and remov ed W eil' county gaol. They were examined on Wednesdtq a , n l ° beep ing the property stolen from the house of Mr. Pr_l, t the New Radford. The two men were committed for tris./ rt her sessions; but the woman was again remanded for ' u , c hen examination before the borough magistrates yesterdsP she was discharged.—Nottingham Journal. DS C. THE P - RESIDENT'S MESSAGE.—LIvEarv-_,— r pre -19. --Our telegraphi c accoun t s to -d ay f ro m WW 2 ' . liird• sent the wind as blo w i ng a f u ll ga l e from the Ifee t re ei- This haw set folks all on the qui vivo for the Amerin a r„d Ir dent's message, and it i s fully expected that if Olt '"""ftill' tonnes in its present quart er we shall be in posses ° n oced document early in the next week. The ship Sea O - d eta ined to sail from New York on the Ist, is piositively to be she is t° for the messige, and that immediatelit is on board oe sail. This vessel has made very rapid mtno st be de . Mons. The packet-ship Europe passage-1 on, tamed for it, and therefore it will be a struggle betwee n to nt ships as to which will rea c h fi rs t. According t o P r n ler appearancee, therefore, it seems fully certain that the hav e" sage will arrive early ne x t week, as the Sea and E urope now been out fifteen days. tbst The. Lords of the Treasury having direct - m con the port of Aldborough, o n the Suffolk coast, shou ld, u eed sequence of the decline of r evenue b us i nes s there, be r to the position of a creek within the ighbouring.P° Woodbridge, and and of a ' • -being 1 • principal coast officer o nly t tioned at the former place in lieu of the establishrhen„ therto maintained there, it has been determined thntt",;eo duction of Aldborough shall take effect from the sth Jari" proximo. • bridg e His Royal Highness P r i nce G eo rge of Gain ble d st left town on Wednesday last, to join- the circle &Mein Deene Park on visits to the Earl of Cardigan. On IRTS. pc vior% the 17th inst., at K e ntish - -to wn, Mrs. Wil l i ams - ' ton, of a son. e son. On the 17th inst., Mrs. C. Barron, D en mark -hill, 0 ' i h the On the 15th inst., at Abercrombie-place, Edinbu r g 4 lady on of Lieutenant-Colonel Cavaye, of a son. the lady of e 15th inst., at Coblentz on the Rhine, --- . A. Jordan, Esq., of a son. m r s. Stai n- On the 15th inst., at Queen-street, Edinburgh, .--- ton, widow of the late J. Stainton, Esq., of a daughten,uor On the 18th inst., at Elth am , K en t, th e wife of Isaac u mard, Esq., M.D., of a son. t h e WV On the 19th inst., at Addison-road, Kensington , of Walter T. Fawcett, Esq., of a daughter. ------- MARRIED. Cbsrl e. On the 27th of November, at Halifax, Nova Scotia, - d Binney, Esq., Royal Engineers, to Emma Louisa, daught J. T. Walford, Esq., late of the 64th Regiment. ..,. v of On the 18th inst., at Isleworth, Mr. William G.••• , , L e e New Brentford, to Sophia, eldest daughter of Mr. Ja i- Norris, of Sion-hill, Isleworth. DIED). f o urth On the 18th inst., at Camberwell-grove, Emily, daughter of the late W. March, Esq. On the 12th of August, at Cawnpore, George Leonixd. Parish, of the Bengal Artillery, fourth son of Sir Woodbal Parish, K.C.H., aged 20. On the 7th inst., in Switzerland, John Ellis, Esq., nepheA of the late Lord Seaford. On the 12th inst., at Mayfield Mall, Staffordshire, the Henry Vernon. On the 14th inst., Elizabeth, widow of the late John Olt chison, Esq., of Cairngall, Aberdeenshire. name On the 14th inst., at Gloddaeth, near Conway, t Charlotte Margaret Mostyn Chatnpneys, widow of the la Sir Thomas Swymmer Champneys, Bart. On the 16th inst., in Lower B e l grave -place, Pimlico, Did, Rear, aged 56. On the 16th inst., Mary, the wife of Thomas Perkins, Z . 44 of Chelmsford. On the 16th inst., at Clifton, Thomas Ellis Adlington , Esq . On the 16th inst., at Paul's Cray-hill, Kent, James Ch a r man, Esq., aged 79. On the 16th inst., Mr. Joseph TrumPer, of ThortukY He lls* Iver, Bucks, aged 72. —gat Linden: Printed tutol Published b MURDO YOITNGI Ne. 112, Strand, Printe r , at The Sum. Ofilse, 1 4 . 1 1 Strp_el in 4 9 Prediet tike Spey IA the COunq Midamiex Muagy, Ditaabir 'Cc 116. U .L 7 I,4ut, kon, IS` n g °24yl; .t,t4 8 ( t,„ 1 1. 001 si te,zi