The Sun. — London, England, 1857-01-22 00:00:00

LAW INTELLIGENCE.—Jan. 21. TICE-CHANCELLOR'S COURTS. (Before Sir Richard Kindersley.) RACE V. RACE. This was a motion for the appointment of a fit and proper person, other than the defendant Race, as a guardian of the plaintiff, an infant, and for an injunction restraining the defendant from interfering with the infant plaintiff's education, or for from further proceeding , under the writ of habeas corpus which had been granted by the Court of Queen's Bench, or from acting upon any order which had been or might be made in the mat ter by that Court. The motion was now made by special leave, which bad been obtained. The facts were these :—The plaintiff's father was a serjeant. and was killed, in September, 1854, in a skirmish at Petropan lovski. His two children, the female plaintiff and her brother,. survived hi m . I t appeared that the f at h er , Serrant Race, of the Marines, was a Protestant, in which faith the plaintiff was baptised and brought up. She attended a P ro t estant school. The defendant, Mrs. Race, his widow, continued this education agreeably to her husband's wishes. The commissioners of the .Pa triotic Fund appro ve d o f th e o th er c hild, the boy, being placed at a P ro t es t an t sc h oo l i n H an ts. The plaintiff, his sister, was sent to the Sailors' Orphans' School in July last year. The son was subsequently taken away from the Hants school, he being willing . to be removed. The defendant applied to remove the girl last October, wishing to educ a te her as a Roman Catholic. Mr. Ellis was for the present mo t ion, which was opposed by Mr. Fleming ; Mr. Haddon appeared for some of the parties. The defendant's counsel applied for time to answer the affidavits, the defendant and her solicitor undertaking that the infant should not be withdrawn from the jutii diction, but should be forthcoming whenever required, and undertaking to abide by any order which the Court might think proper to make. His Honour granted the application for further time, but reminded the parties that a violation of the under taking would be treated as strictly as a breach of an injunction. The motion must stand over, but it seemed to ask much more than was likely to be granted. COURT OF QUEEN'S BENCH. (Sittings in Banco, before Lord Campbell and other Judges.) TELE QUEEN V. MARIA CLARKE IN RE ALICIA RACE. In this case a habeas corpus had issued to Maria Clarke, the matron of the Sailors' Orphan Girls' School at Hatnp stead, to bring up the body of Alicia Race with a -view to her being delivered up to her mother, a Roman Catho lic, in order that she might be placed in a Roman Catholic school. The motion was resisted on the ground that the wishes of the child, who was unwilling to be removed, ought to be consulted ; and, secondly, because, under the circumstances, the mother's was not the proper custody, inasmuch as the father of the child died a Protestant and had always brought up his children as Protestants, and when the mother placed the child at the school in ques tion she professed to be carrying out her decea , ed hus band's wishes in having the child educated in the Pro testant religion. The case was argued at great length before Lord Campbell, Mr. Justice Wightman, and Mr. Justice Crompton on the 17th Inst., by Mr. Sergeant Shee and Mr. Finlason on the part of the mother ; by Mr. O'Malley, Q.C., and Mr. Lush, on the part of the school ; and by Mr. Bovill, Q.C., on the part of the Patriotic Fund Commissioners, at whose expense the child was being educated. The Court having taken time to consider, Lard Campbell now delivered judgment as follows : In this case we are to determine what direction ought to be given by the Court respecting Alicia Race, an in fant of the age of 10 years and a few months, brought up under a writ of habeas corpus granted at the instance of her mother. On the one side it is contended that we ought at once to order the child to be delivered to the mother, and on the other that we should ask the child to make her election whether to go home with her mother, or to return to the school from which her mother wishes to remove her. It is not disputed that, the father having died without appointing a guardian, the mother is now guardian for nurture, and it is laid down (3 C. Rep., 38 b.) that the guardianship for nur ture continues till the child attains the age of 14. An observation was made that the commissioners of the school are in loco parentis ; but this was littie relied upon, and it is wholly untenable. As a general rule, it is admitted that if a child under seven years is so brought up the Court ought at ogee to order the child to be delivered to the guardian. But the contention is that between the ages of 7 and 14 the Court ought to examine the child and ascertain whether it has mental capacity to be competent to make a choice, and, accord ing to the degree of mental capacity which it is found to possess, to hand it over to the guardian or to liberate it, and to desire it to go where it pleases. With re gard to the maintenance of the poor, a rule has been in troduced that while a child is under seven it shall not be separated from the mother for the purpose of being maintained by the parish in which it is settled. Again, by Sergeant Talfourd's Act, 2d and 3d of Vict., c. 54, P. 1, it is enacted that when infants under the age of seven are in the sole custody or control of the father, the Lord Chancellor or the Master of the Rolls may make an order that such infants shall be delivered to and remain in the custody of the mother until they attain the age of seven years. Under seven is sometimes called " the age of nurture," but this is the peculiar nurture required by a child from its mother, and is entirely different from guardianship for nurture, which belongs to the father in hie lifetime, even from the birth of the child. We can find no distinction in the books as to the rights and incidents of this species of guardianship from the time when it commences till the time when it expires. One of these incidents is, that the guardian should be entitled to the custody of the person of the child ; without such right he could not possibly perform the duties cast upon him as guardian. He is to " nurture" the child ; the legal sense of this word is its natural and common sense in the English language, which Dr. Johnson says is " to educate, to train, to bring up ;" accordingly, from the case to be found in the Year Books (8 Ed. IV., 7 b) to the present time it has ever been considered that the father, or whoever else on his death may be the guardian for nurture, bas by law a right to the custody of the child, and shall maintain an action for trespass against a stranger who takes the child. (See authorities Core. Dig., " Guardian D,) The queteion then arises, whether a habeas corpus be the proper remedy for the guardian to recover the custody of the child of which he has been improperly deprived. Cer. tainly, the great use of this writ, the boast of English jurisprudence, is to set at liberty any of the Queen's subjects unlawfully imprisoned ; and when an adult is brought up under a habeas corpus and found to be unlaw fully imprisoned, he is to have his unfettered choice to go where he pleases. But, with respect to the child under guardianship for nurture, the child is supposed to be unlawfully imprisoned when unlawfully detained from the custody of the guardian, and when delivered to him the child is supposed to be at liberty. " Rex v. Mande ville" (5 East., 220) clearly proves that such is the fit mode of proceeding, if the child is under seven. Is there any reason for following a different course be tween seven and 14 ? The intellectual faculties of tl e child may be considerably developed in this interval, and the child may now have a very strong inclination to leave the home of the guardian, and, from religious as well as frivolous motives, to be educated at a different school from that which the guardian has selected. But the consequences which would follow from allowing such a choice are most alarming. We must lay down a rule which will be generally beneficial, although it may operate harshly in particular instances. If the proposed choice were given to the child the relation of guardian and ward would still subsist ; the guardian might retake the child wherever he found it ; and he might maintain an action against the person who, con trary to his wishes, takes or detains the child. Then, how could " nurture" be carried on with such a d , c rine, which, if eetabliehed, would apply to every father of a family in the kingdom in respect of all his children, male and female, above the age of seven years ? If a father wishes to take his son, when ten years old, from a private school where flogging is not practised and send him to Eton, and the boy refuses to come home and is brought up by habeas corpus, is be to be permitted to say that, on consideration, he is of opinion that the private school is preferable to any public school where flogging is permitted, and therefore makes his election to return to the private school, the master being willing to receive him ? Or, suppose that a Protestant mother, guardian for nurture of a daughter seven years of age, sends her to a boarding school professing to be a Pro testant seminary; in a abort time she finds that attempts have been successfully made by teachers there to convert the girl to the Roman Catholic faith ; the girl refuses to come home, saying, in analogy to the language used by Alicia Race, " I will not go home to my own mother ; I will stay here where I may pray to the mother of God ;" else is in consequence brought up by habeas corpus. Are we to e x amin e her, arid finding her of speck parts, and prof ess i ng to be a • faith, to tell her th'ianicere convert to t 0 Roman Catholic she is at liberty to t in sp i te o f tho wishes o f h er mo th er been converted 1 ,itt•iturit to the school where she has eistent with parental tautherity, which ' a doctrine seemee wholly incon• Revelation teach both reason and of the human raeeresplct as essential for the wel fareng the nrgunieet at the h Indeed allusions were mails venient grace, and the words ar r ft° the workings of pre children and forbid them not toour Lord, " Suffer little such is the kingdom o f Heaven ,' come Onto me ; for o f I merely to say th a t t h e parental authots'inuet be enough weakened by such sacral doctrines or ity is in no degree impossible without irreverence to shorwirecepts, for it irrelevant they are. This suggests the m e c xt r r e e fullY how venienco which would arise from the propowedn'eainc"- tion of the child. It there is to he an examin e : t i t : Ina ought to be conducted before all the judges who ar t ; t o take part in the adjudication ; a n d, a f ter testing her mental acumen, we ought to a-certain whether upon due investigation that she lias imbibed a preferenc e for Pro testantism, and such an aversion from the Roman Ca tholic faith. When we look into our law hooks, althougl. we do n o t find the exact age defined within which the Court, on a habeas corpus, will order the child to be de livered up to the parent or gnerdian without examine, tion, we d o find cases where, this course has been adopt ed, the child being above seven years of age, and we find nothing to indicate that the rights of the guardians for nurture are in any respett impaired durirg the period of the guardianship. In " Rex. v. Johnson" (Str. 579. 2 Lord Raym., 1,333) a female child, nine years old, was brought up by habeas corpus in the custody of her nurse, having a testamentary guardian appointed by the father. The court at fist doubted whether they should 50 any further than to see that the child was not under any illegal restraint, but afterwards declared that, this being the case of a youLg child who had no judgment of her own, they ought to deliver her to her guardian, although she was very unw illing to be taken from M rs . J o h nson, her nurse, who was her sitar relation, and had cared for TIIE SUN, LONDON, THURSDAY EVENING,' JANUARY 22, 1857. her very tenderly and disinterestedly. It was afterwards said in " Rex v, Smith " (Str. 982) that Lord Ray mond, who had been a party to this judgment, repented of what he had done ; but in his own report of the case he throws no discredit upon it, and Lerd Mansfield of er wards expressed strong approbation of the cue, and said that it Lord Raymond had changed his mind his first judgment was clearly the right one. (1 Sir W. 81. 413.) It is unnecessary to travel through the cases seriatim, as they are all reviewed in "Rex v. Greenhill" (4 Ad. and Ell. 624), where the Court laid down the rule that where a young person under 21 years of age is brought before the Court by habeas corpus, if he be of an age to exer cise a choice, the Court leaves the infant to elect where he will go ; but if he be not of that age, the Court must make an order for his being placed in proper custody. Lord Denman, Littledale, J„ Williams, J., and Cole ridge, J., all make age the criterion, and not mental ca pacity, to be a-certained by examination. They cer tainly do not expressly specify the age, but they cannot refer to seven as the criterion, and theca is no interven ing age marking the rights or responsibility of an in fant till 14, when guardianship for nurture ceases, upon the supposition that the infant has now reached the years of discretion. When we attend to the authorities cited by the counsel for the commissioners we find some vague dicta, and even some decisions which at first eight give a colour to the doctrine of examination and choice under 14, but which admit of an explanation entirely consistent with the claim of the guardian. In " Rex v. Smith (Str. 982), " Rex v. Johnson" is said to have been overruled because a boy who had not completed his 14th year, being brought up by habeas corpus at the suit of the father from the custody of an aunt, with whom he wished to live, was set at liberty,instead of being delivered up to his father, and was allowed to return to his aunt ; but Lord Mareeld, in commenting upon this case, gives the true ratio decidendi upon which, and upon which alone, it can be supported—" That ease was determined right ; for the Court was certainly right in refusing the infant to the father, of whose design in applying for the custody of his child they bad a bad opinion."—" Rex v. Delaval" (3 Burr. 1,437). There ie an admitted qua lification of the right of the father or guardian—if he be I re ally immoral, or if he wishes to have the child for a ny unlawful purpose. The counsel for the commis. sionera relied much upon the case of " Ann Lloyd" (3 Manning and Grainger, 547), where the moth er o f an illegitimate child, between 11 and 12 years of age, having obtained a habeas corpus directed to the puta tive father to bring it up, the Court refused to order it to be delivered to the mother, and declared that it might use its own discretion ; and, the child baler; un willing to go with the mother, the Court would not allow the mother to take it by force. But Maule, J., there asked, " How does the mother of an illegitimate child differ from a stranger !" And, although the relation of the mother of an illegitimate child is recognised for some purposes, it is clear that she has not over it all the rights of guardian for nurture. From what was said by Lord Ellenborough in " Rex v. Hopkins" (7 East, 573), it would appear that it is only while an illegitimate child is tinder seven (an age during which the law of nature and the law of the land both say that the child, whether legitimate or illegitimate, ought not to be sepa rated from the mother) that the Court will interfere to protect the custody of the mother. In Ann Lloyd's case the child was considerably above that age. The only other decision much relied upon as to the right of the parent or guardian, on a habeas corpus, was " Rex v. Preston" (5 Dowling and .Lowedes), where a most distinguished judge (Mr. Justice Patteson) refused to grant a writ of habeas corpus to bring up a legitimate child above the age of seven on the alleged application of the mother, who had become guardian for nurture, the father being dead. But the application was made under a pow er o f a t torney, the mother remaining io the East Indies —so that the child could not have been delivered to her. The real opinion of my brother Patteson upon this subject we have for tunately an opportunity of knowing from a note of Sir E. Perry, late Chief Justice of Bombay, in a very in teresting collection of "Oriental Cases" decided and published by him. A Parsee family having detained an infant from its father, a Parsee, on the ground that the father had embraced the Christian religion, on a habeas corpus the Court had ordered the child to be given up to the father. In another case, the Court, on habeas cor pus, had ordered a Hindoo boy of 12 years of age, who professed to have embraced Christianity, to be delivered up to his father, who adhered to the Hindoo religion, and the judges refused to examine the boy as to his capacity and knowledge of the Christian religion. In similar cases, the Supreme Court at Calcutta has fol lowed a different course. There being no appeal in such matters to a higher Court, Sir Erskine Perry, for his subsequent guidance, very properly submitted the ques tion jto my brother Patteson, whose response was as follows :—" I cannot doubt that you were quite right in holding that the father was entitled to the custody of his child, and enforcing it by writ of habeas corpus. The general law is clearly so, and even after the age of 14, whereas the boy was only 12. The right might, indeed, be forfeited by misconduct of a very gross nature, but nothing of that kind appears to have been brought for ward. It may have been an act of imprudence originally in the father to place his boys with persons who were likely to bring them up in religious opinions and faith contrary to their father's. I suppose he made some stipulations for avoiding this. But, whether he did or not, I do not think that the law would be affected thereby. Even if he had changed his mind on that subject, as well as on the education of his boys in other respects I know of no l aw w hi c h f or bid s hi m to do so, or binds him to the arrangement which he had at first made."—(" Oriental Cases, p. 109.") For these reasons, and on these authorities, we are of *pinion in the present case that prima facie the mother is entitled as guardian for nurture to have her child delivered over to her. Still, she may have forfeited her right by prior immoral conduct ; or by proof that she does not make the application bona fide ; or by har ing some illegal act in view when she has obtained pos session of the child According to "Rex v. Greenhill," the immorality to extinguish the right of the parent or guardian to the custody of the child must be of a gross nature, so that the child would be in serious danger of eontamination by living with her, Bat here no immo rality is imputed to Mrs. Race, and she seems to have been a virtuous woman, well deserving the ardent affec tion which her husband felt for her. An attempt is made to show that in applying to this court she is a mere tool in the hands of others. But, on carefully looking through the affidavits, we do not see that this charge is substantiated, and we think that we are bound to give credit to what :she swears as to the purity and sincerity of her motives. In wishing to take her two children from these Protestant schools she may act con scientiously, although not prudently ; and when the boy wag allowed to go, 'being above 14 (12), she might not unnaturally desire to Lave the girl also, that they might be educated together. The answer to this application (if there be any) we think must rest upon the ground that the mother was under a legal obligation to educate her children in the Prot'estant faith, and that she now seeks to get possession of the daughter with the intention of following a course with her which the law forbids. Had she been a testamentary guardian, and the will had directed that the children should be educated Protes tants, we should not have ordered the girl to be de livered up to the guardian, she intending to send the girl to a Roman Catholic seminary. But she is guar dian for nurture, with all the rights belonging to a mother as surviving parent. The husband certainly was a Protestant ; his children had been baptised in the Anglican Church, and he probably expected that they would be brought up as Protestants. But his will is entirely silent upon this subject ; and in his most beautiful and affecting letter of the 25th of August, 185.1 (showing him to have been a model of a Christian soldier), he appears to have had unbounded confidence in her, and to have left the education of the children entirely in her discretion. Indeed, by marrying a Roman Catholic, and by permitting the children in his lifetime to join in Roman Catholic prayers, he does not seem to have had the horror of Popery felt by many pious Protestants. Still, if the proposition laid down can be supported, that it was her duty as guardian for nurture, from the simple fact of the father having been a Protestant, to educate the children as Protestants, she would be contemplating what the law forbids by wishing to remove the children from a Protestant to a Roman Catholic school ; but no sufficient auth, , rity has been cited in support of this proposition ; and the mother becoming guardian by nature on the death of the father, no provision to the contrary being made by him, she appears to us to have in all respects the same pa rental authority which might have been exercised by the father had he survived the mother. As the law stands, since the repeal of the statute for prosecuting Papists, the question must be the same under the actual circum stances of this case as if the father had died a Roman Catholic and the mother surviving been a Protestant. Would it in that case have been unlawful for the mother to have bri , ught up the children as Protestants I The cases of " Villareal v. Mellish" (2 Swan s t on , 536) and " Talbot v. th e E ar l of Shrewsbury " (4 Mylne and Craig, 672) show that i n suc h matters the Courts know of no dis tinction between different religions, and will not interfere with the discretion of guardians as to the faith in which they educate their ward s . Th e authority relied upon to show that the ward must invariably be educated in the re ligion of the father is "In re Arabella Francis North," before Vice-Chancellor Knight Bruce (11 Juri s t, 7). That case arising jointly on a return to a habeas corpus, and on a petition for the appointment of a guardian to chil dren as wards of the Court of Chancery, it is difficult to distinguish what was done or said by the Vice-Chancellor as a common law and as an equity judge, He cannot be alleged to have decided anything upon this point, and he bad only to consider it with a view of determining whether the children should for a few days, till a guardian was appointed, be in the custody of a Roman Catholic or a Paste-taut nurse, He certainly does draw au inference of fact that the father died a Protestant, al though for some time before his death he had conformed to the worship of the Roman Catholic Church, and when dying would not permit the ministration of a Protestant clsrgyman ; and his Honour does express an opinion that although the wife bad been formally admitted into the Roman Catholic Church, the children must be educated founded, will old i t y , the Protestant faith, the father having given no direc tions upon the subject will. But this doctrine, if well Court of Chancery, apply ' to the large discretion, and as representing Y education of wards of the Queenthetespeeting whom an equity judge, parens pat scope of the duties of away patrece, has a very give discretions beyond the corneae/1 law. Therefo re, guardian for nurture under the the dictum of so eminen r t e l withouti venturing to question altogether to accord with judge (although it seems not Chan cellor Cottenham in "Talbot v at thewas said by Lord , Earl of Shrewsbury), we do not think it enough to she that the mother of intendingt at she can be the infant, as guardian for nurture, educate the children as Pro' , estan e ts i , W e ag legally bound to issioners charged with an illegal purpose when to send them to a Roman Catholic school. The commissioners ; bu e t ntnis doubt in detaining the girl from her mother, Z., acted from the most laudable motives wrong in point of law in supposing that the inoti‘leYr, areb csmreitting the child to their care, has lost all right Oveyr her. In the case cited from the Year Books, it was held that " if a guardian by reason of nurture delivers the in- Lint to another for instruction, he may afterwards retake the infant," and this is vouched for as good law by Chief Baron Comyn in his Digest. It might be every way much better for this child toremain in the school atHamp stead, which appears to be in all respects so admirably conducted, and we may individualy deplore her removal from it ; but in this matter, as there is nothing con trary to law in contemplation, we have no jurisdiction to determine ; and we think that we are bound, in the dis charge of our judicial duty, to order that the infant, Alicia Race, be now delivered up to her mother. We trust she will ever be treated by her mother with the affection and tenderness anticipated by her father in the letter which he wrote when he foresaw that he was soon to fall in defence of his country. _ _ Mr. O'Malley thereupo❑ rose and said he had an appli cation to make to the Court, upon affidavit, that the judg ment now pronounced should not be immediately exe cuted. The learned counsel then read the affidavit of Robert Sweeting, of Clement's-lane, Lombard -street, attorney for the Sailors' Orpha❑ Girls' School. Lord Campbell—ls that an affidavit which might have been read before, or of something new ? Mr. O'Malley said it stated new matter ; that on the 20th inst. a bill had been filed at the instance of the com mittee of the said school, whereby the said Alicia Race had been made a ward of Chancery ; and that, by leave of Vice-Chancellor Kindersley, notice had been given of an application for an injunction, to be heard at the sitting of the Court this morning, restraining the mother from taking possession of her said daughter, and from cueing out any future writ of habeas corpus. The affidavit stated that the said bill in Chancery further prayed the appoint ment of a fit and proper person to be guardian other than the mother ; and that there was an affidavit in the said suit that as soon as the mother obtained possession of her daughter she intended to take her away to Ireland. The deponent further stated that he believed the injunc tion was now being argued before the Vice-Chancellor, and that it was intended to prosecute the sail suit with despatch, and that it was probable the proceedings for the appointment of a guardian would be concluded within a month. The learned counsel also read the affidavit of the Rey. E. H. Bickersteth, to the effect that in Nov. last the mother said to him that when she obtained pos session of the child she intended to take her away with her to Ireland. Lord Campbell—lt is my opinion that the order of this Court should be immediately executed. We have done our duty, and the Vice• Chancellor will do his. Mr. Sergeant Shea applied that the child should be brought into court and delivered up to her mother. Lord Campbell said he thought that would not be ne. cessary, but the order of the Court must be immediately executed. Mr. O'Malley said he was informed that an injunction had been granted, and an undertaking given not to re move the child from her present custody. Mr. Sergeant Shee eaid the intention of the applica tion for an injunction was in order to defeat the order of the Court. Lord Campbell said this Court would take no notice of the injunction. The Court had pronounced its order, and that order must be obeyed. During this discussion there was great excitement in the court, which was crowded with the friends of both parties, but this was ultimately allayed by Lord Camp beil's directing that the patent case of " Listery.Leathe'' should be proceeded with. The parties then withdrew from court, and we are informed that the Rev. Mr. Bickersteth, with some kind expressions, and assuring her she would be kindly treated, delivered the girl up to her mother and solicitor. The mother took her daughter up in her arms and kissed her several times, but the daughter, a child of very interesting appearance, looked pale and excited, and did not at all reciprocate her mo ther's caresses, though she appeared very pleased to see her brother, and kissed his hand several times. JUDGES' CHAMBERS. (Before Mr. Justice Coldridge). THE LATE CASE OF FORGERY AT THE MANSION-HOUSE- HEWITT T. MONTEFIORE. This case, which was mentioned in our paper of Tues day came on before his lordship on an application for the discharge of the prisoner, who was arrested on Monday last, en a judge's order, for debt, as he was leaving the Mansion•house, where he had been charged with forgery on the Cape of Good Hope Bank. Mr. Lewis submitted that the defendant was entitled to his discharge. Toe defendant was discharged by the Lord Mayor on the 15th inst., and an affidavit, dated the 9th, was made, on which the capias was issued, and actually before the discharge from the Mansion-honae. Mr. Justice Coleridge said where a judge bad a doubt be was bound to give the prisoner the benefit of it, and he should therefore order him to be discharged. Order accordingly without costs. THE GREAT GOLD ROBBERY. FANNY KAY AND THE TURKISH BONDS. Yesterday, prior to the opening of his business in the courts, Mr. Baron Martin heard an application in his private room, Westminster Hall, upon the subject of the property seized by the police after the apprehension of Pierce, Burgess, and Tester, the three prisoners last week convicted in the great gold robbery case at the Old Bailey. An application had been previously made on behalf of the South-Eastern Railway Company, that the property of the convicts might be given up to them, as being a portion of the proceeds of the robbery. On that occasion the application was refused, and it was arranged that due notice should be given to all the parties concerned before a formal renswal of the appli cation, after affidavits duly made. Mr. Bodkin and Mr. Rees (solicitor) now appeared for the South-Easter❑ Railway Company; Mr. Sleigh, for the sheriffs of London and Middlesex ; Mr. Lewis, for the convict Burgess ; Mr. Wontner, for thy con ♦ict Pierce ; and Mr. Beard (from Buchanan's), for the convict Tester. Mr. Under-Sheriff Crosley was also present, as well as Mr. Saward, a solicitor, and brother to Seward, the forger, and now familiarly known as "Jew, the Penman." Mr. Baron Martin commenced proceedings by calling upon Mr. Sleigh to say anything which he might wish in opposition to the claim of the South-Eastern Rail way Company. Mr. Sleigh said the sheriffs were anxious that the property taken from out the possession of the prisoners should get into the proper channels, and as there was n o proof of its being a portion of the proceeds of the rob- bery they claimed it on behalf of the Crown, as being clearly entitled to it as the property of convicted felons. Mr. Lewis objected that the judge bad no jurisdiction in the matter, as Burgess had, before his conviction, executed a deed of trust conveying the property to the had& of trustees for the benefit of his wife and children, and that therefore the property was not in point of law the property of Burgess at the time of his conviction and could not be cl a i me d by th e C rown as t h e property ' of a convicted felon. Mr. Beard said Tester had taken exactly the same steps as Burgess before his conviction, and therefore the objection which applied i❑ the one case applied equally so in the other. Baron Marti❑ expressed his regret that his brother Wines, who sat with him en the trial, was absent, and said he had understood that all parties were agreed upon the course to be adopted, and that there would be no objection to the delivery of the property into the bands of the sheriffs, for the Crown to decide upon its application. Mr. Sleigh directed attention to the affidavit of Mr. Rees, where it was admitted that the property taken from Pierce was in Agar's possession before the robbery took place. Baron Martin said he had read the affidavit, but he thought it would be best for him to adjourn proceedings till a future day, when any of the parties might come before him with such affidavits as they might think proper, and when he might have the assistance of his brother Willer. Mr. Savvard said that he wished to state that he was a creditor of Pierce, and that he had attached the Turkish Bonds taken from him. Mr. Wontner—l think it right to mention that this man is the person who wrote the authority which I received from Agar, to hand over the proceeds of the sale of his bank stock to Pierce, and therefore it is quite certain he must have known something of the transac• tion at the time. I feel bound to mention this. Proceedings were then adjourned till Monday next. The property involved in the settlement of this appli cation amounts to about 2,6001., principally Turkish Bonds, found i❑ Pierce's possession, but belonging to Agar (or rather Fanny Kay and Agar's chili), 6001. belonging to Burgess, and 4001., (also Turkish Bonds), belonging to 'rester. RAILWAY TRAFFIC RETURNS. LONDON AND SOUTEE-EASTRItJ RATLWAL — Traffic re turn for the week ending Jan. 17,1857 £15,371 8 3 Corresponding week last year 15,921 19 0 Decrease in 1856 LONDON, BRIGHTON, AND SOUTH COAST RAILWAY.— Traffic return for the week ending Jan. 17, 1857 £10,60518 4 Corresponding week last year. 9,568 13 3 Total of the half-year to this date, 1857 82,027 16 2 Total of the half•year to this date, 1856 LONDON AND NORTH-WESTERN RAlLWAY.—Traffic too return Corresponding dd t ii h nn e gg weekweek last ending ye a J r a n. 18, 1857 £s i ,133 0 0 52,563 0 0 GREAT NORTHERN RAlLWAY.—Traffic return for the week ending Jan. 11, 1857 £21,849 16 11 week last year 22,318 17 8 CHESTER AND IitOLTHEAD RAlLWAY•—Traffic return for the week ending Jan. 18, 1g57 £4,606 0 0 Corresponding week last year 4,256 0 0 Increase in 1856 turn for th e week LANCA SHIRE AND YORKSHIRE RAlLWAY.—Traffic re ; Correspondi ng week last ending Jan. 18, 1857 £21,687 10 5 year CORK AND BANDON year return for week ending Jan. 17, 1857 . ,_• ••• ••. ............... 1!207 4 7 Corresponding week last year ........................ 202 1 4 GREAT LUXEMBOURG RAILWAY. —Traffic return for the week ending Jan. 18, 1857 ........................... £635 8 0 Corresponding week last year.. ................... 281 6 LONDON GENERAL OMNIBUS COMP ANY. —Traffic re turns for the week e)ading Jan. 17, 1857. 210,901 13 7 ___,--, THE SALMON SPAWNING IN Tin SPEY.—The spawning season being nearly over in the Spsy and its tributaries, we m ay state that there bare been a large quantity of spawoin, fish this season, and of a very larg e si ze . W e ._,, should say that, from the number and size of the fish, and the openness of all the stream s of water during the „„2,flaing season, there will be a good turn -out for the if frost does not set in and injure e r rTsu — ine; year, the Pnbeds in the shallower stream s . There are still s B go l o w d number of fish to spawn, THE DOUBLE MURDER IN WALWORTH. CONFESSION OF THE PRISONER. Yesterday Mrs. Martha Bacon, the unfortunatA woman who has been in custody since Tuesday, the 30th of last month, on a charge of tatting the throats of her two children, was again brought up from Horsemonger lane Gaol for further examination at Lambeth Police. court. At i o'clock, the other business of the Court having been disposed of, the prisoner was taken before Mr. Elliott, and, as on the former examinations, was accom modated with a chair at the solicitors' table, and in front of the Bench. Mr. Woodward, of the firm of Taylor, Collinson, and Woodward, solicitors, Bedford-place, was in attendance to watch the case on the part of the accused and her husband. Inspector Young, in reply to a question from the magistrate, said that, in reference to the Si. note men tioned on the last examination, arid which was the only one of four received by Bacon, the husband of the prisoner, which bad not been traced, and which was supposed to be the one stolen from his house at the time of the murder, be bad received some information, but was not in a position as yet to produce it. The information respecting it, however, enabled him (Mr. Young) to say that it bad no: been passed away by Bacon on the Ist of December, some four weeks before the murder or the alleged robbery took place. Sergeant William Broad, 24 L, said—l produce a silver Geneva watch, No. 32 ,793, which I received from a person named Davis, who told me that it had been picked up on the morning of the sth instant from the doorstep of the house No. 4, Rizabeth-street, Trafal gar-street, Walworth, wrapped in a piece of paper. It was shown to Mr. Bacon, who said he had no doubt it was his, and the one stolen. The number is the same as that which he gave of the missing watch, and the number also given by his brother in George-street, Northampton-square, from whom he said he had pur chased it. Mr. Elliott—When the watch was shown to Bacon did the person showing it mention where it had been found 1 Sergeant Broad—No, sir; he did not mention the street, but said it had been picked up at a doorway. Mr. Elliott —How far ie it from the house lately oc. cupied by Bacon, and where the murder had been con ' nutted, to the place where the watch was found t Sergeant Broad—l should think about a quarter of a mile. Inspector Young was here sworn, and said,—Since the last examination of the prisoner I have been to Stamford, in Lincolnshire, and with the kind assistance of Mr. Read, the chief officer of the police of that place, have been engaged for the greater part of three days.in prosecuting the necessary inquiries in this case. Your worship will recaect the description which Mr. Bacon gave of the suit of clothes he alleged to have been stolen from his house, aad his saying that for 20 years Mr. Dixon, a tailor at Stamford, was the only person who had made clothes for him. I have seen Mr. Dixon, and he declares in the most positive manner that he had never made such a coat for Bacon as that which he de scribed the greatcoat to be. I have learned from Mr. Dixon that Bacon, when in Stamford, about three weeks ago, had a conversation with him respecting his missing clothes, and said, " If the police find them, they won't know they are mine, as they have got no marks on them." Mr. Young, in conclusion, repeated the nu merous and contradictory statements made by Bacon in reference to the alleged robbery, the description of the property alieged to have been stolen, and his strange prevarication respecting the time he had last seen the money safe and inflicted the cut on his finger. The latter was very remarkable. Bacon first accounted for seeing the money—a Si. note and two sovereigns—safe before leaving home on the morning of Monday, the 29th of December, by saying he had to go to a box is which it was placed to get a piece of cotton to apply to a wound on his finger, which he had cut in the act of " whittling " (cutting) a stick. When asked to show the cut, Bacon presented his left hand, and be tween the first and second joints of the first finger was a very deep as well as an extensive cut, extending nearly to the bone. The inspector remarked on the im probability of such a out having been caused by the mere cutting of a stick, and he then gave a different version, saying that he did it while carving the dinner on the Sunday by the knife slipping. He was then asked how it was, if this last version was true, he did not get it dressed on the Sunday, and not leave it without dressing until the Monday morning, when, as he alleged, his wife sat up in the bed and tied a piece of cotton on. Ba con did not seem to relish this style of interrogatory, and did not return an answer to or make an observation on it, but turned the conversation to something else. Bacon, who was present, was asked by the magistrate if he wished to make any observations on the statements of Inepeetor Young respecting the clothes and money which he alleged had been stolen from him, and respect ing which he had given so many vague and contradic tory statements. He replied that his mind had been so affected by the loss of his children that he might not have given the correct statements at all times, though it had always been his wish to do so. It w as hi s h a bi t, he said , to keep the money he received from Mr. Atter, his attorney at Stamford, by itself, and not to mix it up with his other moneys. The former he always placed i n a sma ll fancy box, which was kept in a workbox, and the latter he put into a jar. The workbox, containing the 51. note and the two sovereigns, was places on the drawers in his bed-room, which was the front room on the first floor, and he was sure it was safe when he left home on the Monday morning at o'clock. He did not, he said, see his children on that morning, as they slept in a different room from his, but he saw his wife, spoke to and kissed her, and before leaving she tied the piece of cotton rag on his finger. The suit of clothes stolen, and which were his beat, or Sunday clothes, and which he had worn on the day before, he had placed on the balusters, in front of his bed-room, and they were there en his leaving home. It was h is custom of a Sunday morning to see and put his money to rights, and on the Sunday morning, the 28th of December, be tween the hours of 9 and 10 o ' c l oc k, h e saw the Si. note and the two sovereigns safe, and this was the last time he actually saw them. On the Monday morning he had opened the outer box to get a piece of cotton rag, and, seeing the other (the second box) inside, he con cluded all was safe. On the Sunday night, about 11 o'clock, he wound up the watch now produced by Ser geant Broad, and placed it on the drawers. Mr. Elliott—Did you take the time on the following morning from this watch ? Bacon—No, sir. I had a watch of my own, from which I took the time, and carried it with me. This watch belonged to my Wife. Mr. Elliott —Holy long might you have had the great coat you speak of as having been stolen ! Bacon—Well, it may be five or seven y ears . B acon went on to say that on leaving home be left loose* in a drawer two sovereigns, and his wife had money besides. These two sovereigns he found safe, and received from Mrs. Payne, his aunt, his wife's pur se , conta i n i ng half-a-sovereign and s s. in silver. When further pressed about the clothes Bacon flatly contradicted himself by saying the missing clothes were not his best, though he bad repeatedly stated the contrary, but added that his best clothes were locked up in his d rawers . This having concluded his stat ement , M r. Elli ott, addressing the prisoner, asked if i t was her wish to make any statement or say anythi ng to t h e charge against her. Co i'gaoler) —The pri soner te ll s me, Sir, that she doesk (theot feel equal to th e t as k of addressing you ; on piece of paper, w hi c h s h e but wishesahe y h o a u s r handed tom e r t e h a i s d Mr. Elliott (looking at the paper handed to him) said " She wishes me to read this paper, does she ?" Cook—She does, Sir. as t the bench n llowi , n The moot intense anxiety w as h ere manifested. on the directed t countenance of every person i n t h e crowded court, and Elliott rose from his seat, a n d w i t h some emotion read a a l l o l u e d yeF f ro w m e r t h e e paper in hie g vi s h t e a u r t I n r g . : han d rd he f statement innocent er on and he who committed t the dreadful deed n is P 8 my husband • and there was no mone y on th e drawers. He took the 'little boy down stai rs , put hi m i n a chair , and there cut his throat. He then went u p s t a i rs and ut the little baby's throat. MARTHA BACON." It would be idle to attempt a description of the scene of horror which this fearful announcement of the "dreadful deed," as the unfortunrte prisoner and mother described it in her own handwriting, and the guilt of the husband, produced on the minds and feelings of alt pre sent. A thrill of horror seemed to pass through the court, and a loud outburst of unmistakeable disgust and horror followed. Bacon, who stood behind Mr. Wood ward, instead of meeting the accusation by a declaration that be was not guilty, notwithstanding the accusation of hie wife, written and signed by himself, recoiled at the charge, and would have fallen backwards had he not been supported by the front part of the dock which was immediately behind him. When the excitement had in some degree subsidei, Mr. Elliott, addressing Bacon, said—Your statements respecting the alleged robbery have beet so vague,pre varicating, and unsati,factory, that not a person who has heard theta can for a si ng l e alowent believe that they contain a syll a bl e o f truth ; and I, for my part, should have telt it to be my duty, even in the ab,ence of any such statement as that just now made, to order you in to custody on suspicion of being a party to the dreadful murder of your infant children. You will now, however, be taken to the s t at i on - house an d c h arge d i n le regular way with the crime of murder The prisoner was here taken charge of by Mr. Young, and escorted by a posse of constables to the police-station adjoining the court. So strongly marked wag the indignation against Bacon, that had he not been so well guarded, violent hands would have been laid on him. In a short time after he was brought back to the court, and placed in the felons' dock on the following charge : —Thomas Fuller Bacon, 15, Anglesea-street, Mile-end, with wilfuily murdering his two children, Edwin Fuller Bacon, aged two years and a-half, and Sarah Ann Bacon, aged 11 months, on the 29th sof December, 1856, at the house, No. 4, Fo ur a e re-street, in the parish of St. Mary's, Newington. Inspector Young said that after he had taken the prisoner into custody, and in going along to the station house, he said, " Oh, Mr. Young, is it not shocking that she should say I did it ? My poor boy, I loved him so well that I could not hurt him. lam not afraid of the truth ; it will always go furthest." The depositions, so far as they affect Bacon, were then read over, an 1 he was asked, after the usual caution, whether he wished to say an ything. The priso ner , w h o i s ra ther a slight man, of a bout 6 feet 6, and of i ns i gn ifi cant ap p e arance, and who seemed more composed, replied, by the advice of Mr. Wood. ward, that he did not, and was remanded to a future day. After his removal Mr. Elliott give directions to Mr. Young to write by the night's pos=t to the authorities at Stamford. and state that it was his (Mr. E' itt's) wish and de-ire that the body of the prisoner's mother, buried there last May 1 months, should be at. once exhumed and subjected to a regular medical inquiry, as then were very strong reasons to suspect that she came un fairly by her death. It appeared that the deceased dined with her son (the prisoner) on the Sunday, and was at once seized by ill ness, such as that produced by the administration of arsenic, and died on the following Tuesday. The prisoner's wife, as well as himself, is also remanded. SUPPRESSION OF BETTING-ROUSES. At Marlborough-street police-c3urt yesterday, Henry Reeve, Edward Bass, Henry Blake, Richard Clayton, Alfred Messer, and Charles Howes, were put to the bar before Mr. Bead3n, charged with being concerned in keeping a betting.house, No. 124, Jermyn-street. Mr. Lewis appeared for Bass. Superintendent O'Brien produced his authority from the Commissioners for entering the house, 124, Jermyn street. About one o'clock he went to the house, and found the whole of the defendants there. He also found in the house a betting-board, with the odds against vatious horses in different races marked upon it. He told all the persons who were to be seen that he arrested them for being in a oommon betting-house. Two of the defendants, Blake and Clayton, said they had o n ly looked in from curiosity. Witness found several betting books on the premises. Cross-examined—Did not hear a , .ything about betting while he was in the hone. . Inspector Webb, C division, went with the superin tendent to No. 124, Jermyn-street, and assisted to take the defendants into custody. Searched the defendants, and found on Reeve two racing-books and a memoran dum book ; on Howes two betting memorandums ; on Messer a betting-book ; and nothing of importance on the other three defendants. On the counter in the shop witness found various books relating to bets made by the public. The books were a kind of jour nal for entering bets as they were made. There was also a quantity of betting cards, with the address on them of 124, Jermyn-street. Several other betting journals relating to the Chester, Derby, Liverpool, Oundle, Two Thousand Guineas, and other races were found. From the numbor of books of bets produced it would appear that a very large betting business must have been transacted at this house. Cross-examined—Two of the defendants said they had only just entered the house. No one in parti cular claimed any of the books that were found in the house. John Ernsting, 23, Maiden-lane, said he went to the betting-house in Jermyn-street, and paid half a guinea for a betting ticket. Paid the money to a person named Thorpe. The person to whom he paid th• money was not among the persons at the bar. The bet made was 6 to 1 on the Gipsy King for the Oundle Steeplechase. Had been to the same betting house frequently, and had seen Charles Thorpe con stantly there. Had seen Reeve and Bass in the house frequently. Saw Bass make out two tickets that day, but did not know what races they related to, nor did he see any money pass. Had seen Reeve in the same place with a pen in his ear (Reeve denied this), and had see❑ Lim make out cards. He had not seen money actually pass, but he inferred that it did pass, as tickets were not given to any one except for money. Had never seen anything connected with the other defend. ants, Saw the betting-board in the shop. The board was always hanging up in the place. Mr. Lewis contended there was no legal proof that the place was used for betting. There ought to be some outward appearance of the place being used for betting purposes. Mr. Beadon did net think that was required by the act. It was quite clear, from the betting-boards put up in the place, with the state of the odds on various races, that the room was used for betting purposes. Mr. Lewis wished to have the further proceedings postponed, if the Court thought there was any case. But he contended that no case had been made out against any one. The charge of betting had been negatived by the witnesses, and even if proved, against which of the defendants could the penalty be enforced, no one in par ticular having been pointed out as the proprietor of the place ! • Mr. Beadon said, as the case stood at present, the parties found using the place for betting purposes were Reeve and Bass. Mr. Lewis denied that this had been proved. The witness Ernsting was called, and cross-examined by Mr. Lewis—Was a journeyman tailor. Had been in communication with the police on the subject of proceed ing against this house. Had been swindled largely at the house. Mr. Lewis—A. journeyman tailor, and swindled largely. Pray how much do you earn by tailoring a week Witness—Was able to earn 265. a week by his labour, and had earned that sum last week at a tailor's in St. Martin's-court. Mr. Beadon thought it was but fair that Mr. Lewis should have time to argue the case fully, and he would therefore accede to the request for an adjournment. H e would further state that there appeared to be a case against Reeve and Bass, and they must find bail. There was no case against the other four, and they must be dis charged. Adjourned until Wednesday. Mr. Lewis said he would state fairly, at once, if a con viction did take place that an appeal would be made against the decision. ANOTHER BETTING CASE.—William Ray, George Matthews, and George Grinder, were next charged with being concerned in keeping a common betting-house, No. 12, Little Newport-street. The superintendent went to the house, and found Ray and Matthews in a room behind the shop, the other defendant was in the shop. Found several books in the shop, one a day-book containing entries of bets upon races. In one of the books there was an entry of a bet, which would be proved to have been made by one of the witnesses. Inspector Webb said he had searched the defendants, and found various betting memoranda on Ray and Matthews. There was a betting board affixed to the wall, and materials used in betting were found in the place. Betting-cards were found with "W. Ray, Little Newport-street," on them. Heard Ray say he lived there. The two others said they had only just come into the place. _ . - Cross-examined—The words "Coal-office" were over the place, and two lumps of dusty coal were in the window. Saw no betting boards. Found not more than three or four betting cards in the place, and saw no one make bet.. The witness Erneting said—On Monday he made a bet on Gipsy King, and paid the money, 55., to Ray, receiving a ticket, which he now produced. Had known the office a long time as a betting office, but had not made any bets before there. Had seen the other two defendants in the shop, but would not swear to them positively. Mr. Lewis asked for an adjournment, as he would prove on another occasion that the witness was not worthy of credit. Mr. Beadon said there was a much stronger case in the present instance. There was a book with an entry of a bet corresponding with a ticket produced by the witness, in addition to a stamping machine and betting cards. Ray was required to find bail, the other two were discharged, and the further proceedings were ordered to stand over till Wednesday. BURGLARIES AT NOTTING-SILL-CAPTURE OP TWO BURGLARS YESTERDAY. Yesterday, at the Marylebone Police-court, John Hughes and John Greenwood were placed at the bar be fore Mr. Broughton, charged under the following cir cumstances : The case excited a considerable degree of interest, and the court was much crowded in consequence of the nu merous robberies and burglaries which within the last two or three mouths have been perpetrated in the vicinity of Notting-bill, Paddington. Several gentlemen residing iu the locality were pre. sent during the inquiry. The first witness called was— Spencer, 39 A, who said—At a quarter to two this morning I heard a noise at the back of No. 39, West , bourne-villas, and I saw the prisoners in the garden. Hughes upon seeing me ran away with his companion, and they got into an adjoining garden. I sprang my rattle and gave an alarm, and then they got over another wall far away from me. Greenwood was stopped by another constable. I lost sight of Hughes for the time, and directly afterwards saw him get over eight or ten walls. I followed him some distance, and he was at length stopped by another constable. Soar, 289 D--This morning, at two o'clock, I was in the HarrOW-road. I heard a rattle spring, and went to Westbourne-park Villas. I saw the prisoner Hughes cm:no ont of a garden. I laid hold of him, when he threw me down and kicked me ; he also struck me upon the arm with an iron implement, which was very weighty, in the garden. When I had laid hold of him, he exclaimed "Now, you do for yau." I think he would have murdered ins if other officers had not come up. Parsons, 182 D, said that in consequence of the nu merous burglaries and robberies which had recently taken place in the Paddington districts, he and Sergeant Potter had been directed, by Superintendent Hughes, to keep a sharp look out for the depredators. Mr. Broughton—What do you know about the pri soners ?—Witness—From the numerous robberies which have lately taken place, I and Sergeant Potter were put upon duty in plain clothes. At two this morning I beard a rattle spring in Westbourne-villas, and I went over several walls over fvhich parties, believed to be the prisoners, had passed. I went into one of the gardens, and found the prisoner Hughes, with the firstccoanmsteabulpe,‘ and Greenwood struggling on the ground. I seized h o ld of Hughes, who swore that he would never b e t a k en alive. He kicked ire with all his might upon th e th ig h , and struck me on the back of the head. I f ee l t h e effects of the blow now, and shall perhaps do s o f or some time to come. We hal a struggle, and w ere up and soon down two or three times. Other officers - to my assistance. 147, Sergeant Potter, 16, and Lester, all of the D division, gave evidence in the case, which tended to show that the prisoners were ultimately taken into cus tody after they used their utmost endeavours to effect their escape. Two female servants, living in houses near to Na. 39, were sworn, and their evidence was strongly inculpatory of the prisoners. Some chisels and other housebreaking implements, as also lucifer matches, were taken from them. After som e further proceedings the prisoners were re. mantled till Wednesday next. _PRICES OF SLIA Prom the Official List. NIBLISIIED EVERY TUESDAY AND FR LONDON, TUESDAY, JAN. 2 CANALS. Names of g Dividesd Price Names of .•,,., Divideni. , Companies. A per Companies. loi per Price. in Annum. .0 Annum . v• -- --- £ X Ashtn &Oldh 98 7i. p. et. Peak Forest. 78 51. Os 76 Birmingham 40 41. Regent's.. 30 17s )53( Coventry.. • 100 11,, Rochdale.— 85 41. Derby .. •• .. 100 61. 15s. :Itfird &Wor, 40 28r. 440 GrandJunct. 100 11. pr. et. 44 Stourbrldge, ,45 111. Do., 6 pr.Cl 10 6i pr.ct. 11% tavern and Grand Union 100 7e . 6d Wye Rail. j 26 21 . Kennt & Ay!, 40 63. Warwick &' 25 Leeds &Livrr. 100 251. Birming, j 100 21 . Leicester.... 00 51. 49;4 Warwick &i Leicstr &Nth 83 11.58. Napton.. j 100 21 ' LoughLorogh tl3 70i . Worcstr & i 78 10s. Macclesfield. 100 2/. 10s. Birming• Noath ..... 100 16/. Wilts & Brk, 7s. Od. 0xf0rd...... 100 103 WATER-WORKS. Name of Company. Dividend per Amount of Share. Paid Annum. Berlin East London. Do. 4 per Cent. Pref. Do. 5 per Cent. Pref. Grand Junction ...... Do. New •• •• •• Lambeth .......... Sew River Company.. Southwark & Vauxhall West MiNllesex • . Do. Do, Name of Company. flungerford....•• .... Southwark ...... •... Ditto New of 7% p.c. Waterloo . . .. • . Ditto Old Ann. of 81. Ditto Nw ditto of 71. Vauxhall GAS-LIGH' Name of Company. British Provincial •. Brighton •• •• •• •• •• •• City of London .... •• Equitable . •• •• .• •• • European .... • . Greet Central .... • Imperial ...• ....... Ditto New Ditto Debentures Do. Continental I st Cap Do. Do. 2d Cap Do. Do. 3d Cap Do. Do. 4th Cap Independent London Parl. Preferen. Phoanlx Rateliff Surrey Consumers United General Westminster Chartered Ditto, New Western A Ditto B . ..... Name of Company. Albion ...• •• •• •• •• •• Alliana Sri:. and For. Ditto Marine AtherneuM .......... Atlas .. Argus Life ......... • • firitiah Commercial .. Church of England .. City of London ...• Clericl.Aed.& Eagle.. Crown .............. ••• • • • Equity and Law...... European Life Family Endowment •• General.-- .... • • • • Globe • •• ... • • Gresham Life . • Do. D 0........ • Guardian .... •• • • • • •• Imperial Fire......... Imperial Life Indemn!ty Marine.... Law Fire Law Lite • • Legal and General Life London London & Prov. Law.. Marine............... Med. Invlid & Gen. Life Minerva • Monarch ...• •., New Equitable Pelican • . • • • • •• •• Phoenix .... • • • • • Professional Life.. • • .. Provident Life,,...... Rock Life Royal Exchange Sun Fire • . • • • • Ditto Life United Kingdom .... Universal Life Victoria Life ........ Name of Company. lustralasla... Bank of Egypt Bank of London Britlsh North American Ch. Bk. Ind. Aust & Ch, City.... Colonial .............. Commercial of London. Eng. Scot. & Aust. Ch. Lond. Char. Bk. of Aug. Do. New ........ London and County .. Lon. & Eastn linkg. C. London Joint-Stock ... Londn dad Westminstr Nat. Provincial of Eng. Ditto. New ........ Ditto ditto National Bank New -.oath Wales ►rieutui Bank Corpora. pttoman Bank Provincial of Ireland Ditto, Now... ..... . 10nian.......... •..... South Australia • • .... Union of Australia.... Union of Hamburg.... Union of L0nd0n...... Unity Mutual .... • • • • Western Bank of Londn Name of Company Commercial .. • • •• ..•• Do. Preference East and West India.. Grand Snrry D. & Canal Do. Loan Notes .. .. Do. 5 per cent. Pref. London .... St. Katharine outhampton ........ Victoria ... • .... •• Ditto New .. LIST OF SO Name of Company. Rank of Scotland .... British Linen Company Caledonian Bank City of Glasgow Bank Clydesdale Bank C commercial Bank Eastern Bank...• ltdinh. Fa Glasgow.... National Bank North of Scotland Bank Royal Bank of Scotl. Union Bank of Scot. .. Western Bank •... Mance Fire and Life.. British Guarantee . Caledonian Fire Insur . City of Glasgow Life.. Colonial Life ......... Edinburgh Life Ingot.. Eng. & Scot, Law Life Life Assoc. of Scotland Nations; Fire and Life North British Insur... Northern Assurance Co. Scottish Provincial ...• Scottish Union Insrnc. Standard Life • . • • .. • • Amount of Share. X s. d. Stock. Stock. Stock. 100 0 0 100 0 0 25 0 0 stock. Stock. 50 0 0 20 0 0 20 0 0 TAXIES' Amonnt of Share. £ s. d. 100 C 0 100 0 0 10 0 0 10 0 0 20 0 0 500 0 0 25 0 0 5 0 100 0 0 10 0 0 'lOO 0 0 100 0 0 50 0 0 100 0 0 10 0 0 100 0 0 25 0 0 50 0 0 100 0 0 50 0 0 40 0 0 10 0 0 200 0 0 20 0 0 50 0 0 20 0 0 50 0 0 5/. per cnt. et. per cnt. 4/. percent. 51. per cent. 4:, per cat. 51. per cnt, 41. per cent. BRIDOI Dividend per Annum. •• • • 108 per cent. 11. 12s. Od. IL Ss. Od. 28s. LT AND COl Dividend per An'aum. 71. per cent 51. per cent. 21. per cent. 71. 10s. 51. per cent. 81. per cent 101. per cent. 31. ss. 41. 15s. 41. 10s. 51. per cent. si, per cent. 51. Si. per cent. 131 6d per sh. 6i per cent. 'RANCE CO. Dividend per Annum. 71. per c. 71. 1 48. 6d. bs il. p.c. & bs. 15s. 0(1. 41. per cent. 71. 105. 71. 10s. 51. pr ct.fc be. 4/. 1/. 166. 55. 54 per cent. 11. 41. per cent. 6 per cent. 51. per cent 51. per cent 121. per ,ent. lb.& 21. os p, et. &bs 2s & 2s Jons 51. per cent 4s. per share) ii. ss. IBs. & 4% per cent 51. per cent 51. per cent. 6 , 4 per cent 51 p. ct. Si. per cent. 51. per cent 12%. per c. 7s. p. c. & bs p.c.& bs. - -i/ 14s. 41. & bonus. 51. & bonus. 51. & bonus 101. per cent, 51. per cent. 5 , . p. c. & bs. 4/ per cent. 51. per cent. 101. per cent, 41. per cent. let. per cent. 6L per cent. p c. & bs i 16:. per cent. 5 I.per cent. 20'. per cent. 101. per cent. SI. p. ct.dcbs. Cl. per cent. 51. per cent. 101. per cent. 211. per cent., 01. pas .b!., DOCKS. Dividend per Annum. 51. pr cent. 61. pr cent. 4/. per cent. 51. pr cent. 1 4Y g il. per cnt. 4 per cent. 51. Os per c. ITT'S El COM. Dividend per Annum. 71. per cent. 81. per cent 81. per cent 51. per cent. 51. p cent. 71. per cent. 61. per cent. p cent. 6% per cent. 51. per cent 51. per cent. 81. per cent. 71. per cent. 8;41. pr cent. 41. per cent. 10.. per cent. 61. percent. Sl. per cent. 61. percent. 81.0er cont. 61. per cont. 61. per cent. 71. per cost. 7Y4/. pr cent. 51. per cent. s. d. 10 0 0 Stock. 25 0 0 25 0 0 50 0 0 25 0 0 100 0 0 100 0 100 0 0 81 0 0 5 1 8 Amount of Share. s. d. 25 0 0 100 0 0 50 0 0 100 0 0 60 0 0 40 0 0 70 10 3 COMP. Amount of Share. s. d. 20 0 0 20 0 0 150 0 0 50 0 0 21 0 0 10 0 0 50 0 0 50 0 0 Stock 50 0 0 50 0 0 50 0 0 50 0 0 40 0 0 25 0 0 60 0 0 20 0 0 10 0 0 50 0 0 59 0 0 50 0 0 10 • 0 10 0 0 :PANIES. Amount of Shove. d. 500 0 0 100 0 0 100 0 0 1 0 0 50 0 J 100 0 0 50 0 0 50 0 0 50 0 0 100 0 0 100 0 0 50 0 0 50 0 0 100 0 20 0 0 100 0 0 5 0 0 Stock. 20 0 0 100 0 500 0 0 100 0 C 18 0 0 100 0 0 100 0 0 50 0 25 0 0 50 0 0 100 0 50 0 20 0 5 0 0 10 0 0 6 5 0 100 0 0 5 0 0 Stock. 20 0 0 100 o 0 LINT-STOCK Dividend per Annum. BANKS. Amount of raid. X a. d. 40 0 0 25 0 0 100 0 0 50 0 0 20 0 0 100 0 0 100 0 0 100 0 • 20 0 0 20 0 0 20 0 0 50 0 0 ,100 I 0 50 0 0 108 0 0 100 0 0 20 0 0 20 0 0 50 0 0 20 0 0 25 0 0 20 0 0 100 0 0 10 0 0 25 0 0 25 0 0 25 0 0 15 0 0 50 0 0 100 0 0 100 0 0 £ s. d. 100 all Z s. d. all 150 0 0 all 12 10 100 0 42 15 41 0 43 10 41 0 all 52 0 0 16 0 0 all 10 0 0 4 0 0 £ s. d. 50 0 0 11 0 0 25 0 0 all 5 15 0 25 0 0 5 a 0 2 0 0 2 9 0 10 0 0 10 0 0 5 0 0 5 0 0 5 0 0 all 4 0 0 47 6 50 0 0 20 0 0 30 0 0 2 10 0 13 0 2 10 9 12 1 . 0 2 0 0 12 10 2 0 0 20 0 9 2 6 0 4 0 0 1 0 1 0 0 o 10 0 l 0 0 o 10 0 an 5 10 0 10 0 0 5 0 0 Z i. d. all 18 15 0 50 0 0 all 6 0 0 50 0 0 25 0 0 20 0 0 20"0 0 50 0 0 10 0 0 20 0 0 35 0 0 10 0 0 5 0 0 22 10 0 all 15 0 0 25 0 0 2 10 0 3 0 0 10 0 0 50 0 0 50 0 0 Paid. Z a. d. Stock. 'OO '0 0 00 0 o 5 0 0 !Rock. 50 "0 0 20 0 0 14 n n 'RICER. £ s. d. 100 0 0 100 0 0 2 10 0 10 0 0 10 0 0 100 0 0 10 0 0 5 0 0 (00 0 0 2 10 0 100 0 0 50 0 0 50 0 0 11 0 0 2 0 0 10 0 0 2 0 0 3 0 0 15 0 0 3 5 0 3 0 0 1 4 0 20 0 0 1 0 0 2 0 0 1 0 0 7 0 MISCELLANEOUS. Dividend Amount Name of Company. per of Paid. p r i ce Annum. Sh are. ---- ---- Acadian Charcoal Iron • . 4 a • d • £ e. d. 10 0 0 2 0 0 _. __ African Steam Ship .. .. 20 0 0 10 0 0 Assam tea •• -•• • • • 4 . per cent. 50 0 0 20 0 0 - Auction Mart.• ••- • • 04 __ /per cent. 50 0 0 - _ Australian Azriculturl 25 4 a 19 0 0 23U Australian Trust .... 7%1. pr cent 100 0 - Australian Royal Mail - 025 0 0 10 0 0 all 2 Anglo-Mexican Mint.. 11. 103. 10 0 0 all , - British Amtrican Laud 5/. per cent 50 0 0 40 0 0 - Canada ••••••• •• •• •• it. percent 100 0 0 32 10 0 - Ditto,Do. 5 per cent 130nch 51. per cent Stock 100 0 0 - 5 per cent bds 5 per cent Stock 100 0 0 -- Ditto, 4 per cent. • • 6/. per cent. Stock 100 0 0 102 ** Ditto, 6p c. bds 1874 Cl. per cent. Stock ico 0 ° - Crystal Ditto, 6p c. bds 1876 61. per sent. Stock 100 0 0 - Palace ...... all 2 4 -500 5 0 0 6% Ditto Preference.... all _ Crys. Palace of France 71 pr. cent 5 0 0 40 0 _ - - City Navigation Bonds 3/. per cent - Electric Telegraph .. 6/ Stock. . per cent. tOO 0 C 31 alt Eng.&Aus. Cop. Smelt. _ 5 0 0 Eug.&lris. Vag. T. Co. 50 0 0 all - - E q uit able Reversionry 5/per cent. 11 5 ) ° 0 100 0 0 110 22 10 0 - Ditto New ... .... - 0 0 - Gen. Reve re . & Invest. Si.p c and 11 tO O 0 0 'o° 0 ° - Gen. I. 25 0 0 all - Sc. Col. Li m.) - 50014 0 4 - Gen.Stea m N avigation Of. per ct. &14 0 0 all 374 L ondon Gen. Omnibus 121. per cent Hudson's Ray...-. -5/. per cent. _ Stock Stock - 100 0 0 all - H ungerford .......• • 21. sa• 10 0 0 all - _ Len. Ne. &N a. M arion. 1.) London Reversionary 51, per ccnt. pp 0 0 all 3 25 0 0 50 0 5% Mex. & S. American Nat. Discount ComP• • ___ M 5/. per cent _ - _ I 0 0 ll N.S.W. Gov.sp.c. Deb. 6 Nor. i. Australasian a r cent 20 0 0 17 10 0 - % mst • Price's Patent C and. Co - I *pc d. a 2:t 0 a all 22 Peel River LaudieMi ll ' North of Europe, • 50 0 a ll 68 'l 2% 50 0 0 Pen. & Oriental Steam 7/. per cent ..... 50 0 0 tO 0 0 all - Ditto New •• :: Soc.". tt.( 2 1. pr cent 100 0 0 - Reversionary In.- .. Oh/. pr cent. 100 0 0 211 0 0 - Ditto lic - ".. . • . 41. p. share. 100 0 0 40 0 0 , - Scottishlnvest. 15/. per cent. 10 0 all 1% all 37 Aus lian Land 71. per cent. 2.5 0 0 South Australian Comp. 7 34/. pr cent. 20 0 0 5 3 0 105 Royal Trust a °6 L°, C 103. WO 0 0 28 10 0 - Vic,en s Land .• , __ Vali Die°l t fide. 6 per cent. - - Mail Steam... Gov. C per c . • • li E S. 'DAY EVENIN :0, 1857. X 3. d. Country Mari Gets. 1i :DINBUIti , 111 HAY AND STRAW MARR ET— JAN. 20. Supplies of all kinds these last six days again large. Oat straw, from 9s Cd to 13s Od per kemple of 16 stones Cron; wheat do., 7s 6d to Os Od; barley do., öi 6d. to att Od. Hay from 12d to is. 2d. EDINBURGH MEAL—JAN. 20. There were in the market today 13 Backe oatmeal, each weighing 2801 b imperial, which sold at 37s and 365. Average of the whole, V. 16s. sd. DALKEITEI 111E111., NIARKET—JAN. 19: There were in the market to-day 8 bags of oatmeal, oof barleynieal, and 0 pot barley. Sales dull. Oatmeal, per sack of 2801 be First. Second. Third. imperial 34 Od Od oa f3arleymeal, per ditto -a Od —a Od —a Oa ['easemeal, per ditto Flour, new, per ditto —s Od Od —s Od Od Pot barley, new, p er ditt o — a Od —a Od BRISTOL SUGAR—JAN. 21. Refiners are supplying themselves from floating cargoes in the absence of stocks offering here. The sales since on I.st report comprise something under 100 hhds. Demerarek crystals are at very high prices. The market for grocery sugars is almost bare. In rums nothing doing DUBLIN. JAN. 20. We had a slow market to-day at our corn exchange. Wheat of all qualities must be noted 6d cheaper. Prim• barley fully supported its price, but middling samples and oats of.every description were very difficult of sale, and 3d to 6d lower. Very little doing in Indian corn. White wheat, 32e Od to 35s Od , red ditto, 31s 6d to 33s Od. ditto new, —s; barley, malting, 1.7 s to 25s 6d ; grind ing, 15s to 203 6d ; oats, old, Ils to 15s; ditto, Dew, —1 Od to 15s Od , oatmeal, 14s to 15, 041; bere, new, 163 to 18. Od , rapes , d, 303 Od to 32s Od per brl ; bakers' dour, 20. CM to 263 Od per cwt; Indian corn, 34s Od to 37s Od pet CO sT. —JAN. 21. the close of the market. I Wallsend, tic i de Evenwood 15 6 Hunwick l6 6 - 3U:wart's. 19 9 Kepler Grainge li 3 Latubton lB 6 Whitworth l6 6 Eden Kain l7 6 Hartlepool Hetton l7 6 /osforth l6 9 Riddell l6 9 Russell's Hetton 18 0 Tees l9 0 Pensher l7 0 Brown's Meor High Main 16 0 South Hetton 18 9 Braddyll lB 0 ,Framwellgate l7 6 I Sold B6 Price COAL MAR. Prices of Coal per ton at a. d. Bates's West Hartley 15 0 Buddle W. Hartley l5 3 Bebside's Hartley 15 3 Howard's West Hartley Netherton 15 6 Davison's West Hartley 15 6 Longridge's Wst Hartley 15 3 North Percy Hartley l5 0 Canfield Moor l4 6 raufield Moor Butes 14 6 Walker Primrose South Derwent 14 6 West Pelton 15 0 Wall/lend. &o. Northumberland 16 0 Heugh flail 17 0 Montague 17 0 Richmund l7 6, hip at market...l49 LOCAL SHARE MAR.KETt LIVRPOOL, JAN. 21. SToox EXCHANG E .—E The market was improved to-day, at a slight advance in quotations. Birkenhead, Lancashire, and Cheshire, 651—Blackburn, 81. Us. 3d.—Caledonian, 30 i—East Anglian ('is/. shares), V. 16s. 3d.—Lancashire and Yorkshire, 964—London and North Western, 1064 1 p--Manchester, Sheffield, and Lincolnshire, 331 4—Mid land, 823 —North British, Pl. 16s. 3d.—South Eastern, 224 g —Chester and Holyhead (55 per cent. No. 1), 112 i Dutch Rhenish, B die. MH, JAN. 21. STOOK EIOZIANGE. AN C Prices ESTER were rather firmer, but there was only a small amount of business offering. Shefflelds, 331 4 —Blackburn Preference, 21i - Londons, 106 i— Mid' 824—Dovers, 22$—Leeds, 9611—Manchester and Bir mingham C Quarters, 14 BIRMINGHAM, JAN. 21 STOOK EXCIBANGZ.—The market has been brisker to• day, and a fair amount of business transacted. Great Western Stour Valley Guaranteed Stock was done at 6f Birmingham Canal Shares, 931—Birminghatu Bank, 34- - Dudley and West Bromwich Bank, 10—Birmingham Old Union Mill, 14 I—Birmingham Waterworks (New), 64 pm. Prices were firm at about yesterday's quotations. LEEDS -JAN. 21. SEABORNE MAILS. Price, 27N 18 18% 17N 33 50% Price. M—Morning. E—Evening. SATURNALIA IN THE BOUDOIR. —The fashion of inflat ing ladies' dresses has so far reversed the relative posi tions of mistress and servant, that it is now usually the lady's-maid who has to blow the lady up.—Punch. [ADVERTISERENT].—EfoIIoway-'s Pills—Another won derful cure of Asthma. —Extract of a letter from Mrs. aAstnheart n m J a, on f e r s e , p Lenotrid - street, Liv er p oo l, t o P ro f essor Hol loway : "I was ser i ously afflicted for five years with theh expectorating tora faintness ting andblood, cold sweat. I palpitation of n this state I continued for several months. I consulted the faculty until all hope of relief vanish'3d, when I was prevailed upon to give your Pills a trial. Under their influence this terrible malady quickly disappear e d, a nd my heal t h i s now re-established.—Sold by all med i c ine vendors throu g h out the world ; at Professor Holloway ' s Establishments, 244, Strand, London ; and 80, Maiden kne, New York ; by A. Stamp., Constantinople; A. Guidicy, Smyrna ; and E. Muir, Malta. BIRTHS 01 • fOON On the 21st inst., at 2, Bond-street, Claremont-square( Mrs. R. T. Broome. On the 20th inst., at 5, Torrington-aquare, Mrs. James Hannen. OF A DAUGIITIR. On the 21st inst., at 27, 'Upper Avenuo-road, Regent's- P ' ark the wife of Leader C. Stev enson, Esq. On the 20th inst., at Nottingham, the wife of C. S. Haddon, Esq. MARRIED. On the 20th inst., at the c h urch of St. Aloysius, Somers town, John Davey, Esq., o f Dorchester, to Ann, widow of Joseph Meyer, Es q ., and eldest daughter of Josh. Scoles, D ig ., of College-place, Camden-town. On the 20th inst., at St. Mark's, Kennington, eldest son of John Deane, Esq., of London-bridge, and 'Pulse-hill, to Sophia Jane, younest daughter of the late John .utt, Esq., solicitor, Westminster, and stepdaughter John, the of W. Lord, Esq., of the Hawthorns, Clapham. D I E D. Julia, the b On Sunday, the 18 th inst., a t Gl on b roo k , B ray, I re l an d, On th e 21s eloved wife of Jamem Orton, Esq. t inst., at Putney,Esq. On the 20th inst., in Albany-stree M t, Regent's-park, Miss Harriet Sinderby, aged 78. On the 20th inst., at Park-crescent, Portland-place, Mrs. Pereira, wife of Antonia Pereira, Esq. G On the 19 th inst. Edward Edward Fitzwilliam, of 9, rove -place, Brompten, llto musical composer and direc torO at the 18 th inst., at her residence, 16, the Theatre-R oyal, Haymarket, aged 33. Sillwood-placo, Brighton, M — aria, Widow o f J o h n, l as t E ar l o f Carhamp ton, aged 81 . On the 214 ins t ,, at the residence of he r son -i n -l aw , Sarah, re li ct of the Charles Awdue Smith, Esq., of Notting-hill, Kensington, aged 61. On the 18th inst., suddenly, at C o wl e y, near U x b r id ge , Wm. No r t on, Esq., aged 72. LONDON : Printed and Published by MITIMO YOUNG. of No. 112, Strand, Printer, at Vie Sun Office, No• 112, Strand, in the Precinct of the Savoy, in the stoaa tf of Middlesex, Thursd&y, January 22, 1857. STOCX EXCHANGE.—The market has been rather firmer to-dab. Midland, 829—Great Westerns, 66 to 66a —Tag Vale, 146—Bristol and Exeter, 93 to 93k. [When the date for making up a mail falls •n a Sunday', the mail remains open until the day following ; except in th• case of the India mail, via Southampton, which, on auk occasions, is made up the previous evening.] IRM FOE _ , Made up at Whenc e the d eg _ By what When 8 7 w,la lt Vessel. expected Velef• Post-Office. pat c h e d. Lisbon Md. Alhan" --- ________ ................ South rid a Spain Gibraltar Gibraltar 1 Malta Egypt ...• Ceylon • M of the SOuth- I n d n ,, 20th of India Matuitius month. China (riaCeylon)J 4th of Penang .. •• i M the South- lades Feb. 4.. Colon" Singapore Australla(vlai AI ..... .... i South the Cape) 3 a mpton Cape of Good Hope .. • • .. Mauritius .. E Feb. 5.. ~ Dart- Harbin- Jan. 15 !K omi Ceylon .... mouth ger India . Lisbon...... Madeira .... CapedeVerdi Brazil ..... . M Feb. 9 .... South- BuenosAyres { Medway Feb. 12 Avea ampton F alkland Is- J lands.,, Wes, Indies (except Ha vana and Honduras). Venezuela 2d and 17th I st and M of the South- 1 6th of Grey Town.. New Granada mouth. , ampton Parana th e : A(za t e Chill rem ••. • • • California M Feb. 17 .. J Honduras Nassau l6tk of South- • ampton Mexico .... month. Havana .... Feb. 2.... South- Parana Feb. 1 AtratO Madeira .. .. ampton Teneriffe .. San. 23 ...1 Fly- Candace Feb 6 Ethic)* IV.C.oLifri ca mouf't British North America .. Every Fri.} Liver- pool Africa lan.' 26 Niagara. United States United States . 1 1an.20 and} Liver- Jan, 29 ..: Bri tish North alternate po w •• •••• • • America .. T ue sd a ys. United States South- British North i M Jen. 14 .. I America .. ampton A rago.. Feb. 19 Arne Canada 27 iver- An 10.... .... I E lan. -- • • L pool Sax g on Feb. 4! N. Anse* m rim,. Paid. Paid. Paid. Paid. Price. Price.