The Sun. — London, England, 1857-01-09 00:00:00

Xbition SUN OFFICE, Seven, o'Clock. LONDON G. ,s Evening.) DOWNING-STREET DEc.24 . Captain William S. Moorsom, Civil Engineer, has been appointed, by Mr. Secretary Labouchere, to be Chief En gineer to the Government of Ceylon, for the purposes of a Railway Survey. WHITEHALL, JAN. 8. The Queen has been pleased to grant unto the Rev. Arthur Penrhyn Stanley, ILA., the office and place of Begins Professor in Ecclesiastical History in the Univer sity of Oxford, in the room of the Rev. Robert Hussey, deceased. WAR - DEPARTMENT, PALL-MALL, JAN. 9. 2d Regiment of Dragoon Guards—Surgeon Hampden Hugh Massy, from the 17th Light Dragoons, to be Sur geon, vice Mockler, who exchanges. 17th Light Dragoons —Surgeon Edward Mockler, from the 2d Dragoon Guards, to be Surgeon, vice Massy, who exchanges. ROYAL REGIMENT OF ARTILLERY. Captain James Benjamin Dennis to be Lieutenant-Co ionel, vice Fitzgerald, retired upon half-pay. Second Captain and Brevet -Major Wm. Edward Moyses Reilly to be Captain, vice Dennis. Lieutenant Alured Clarke Johnson to be Second Cap tain, vice Reilly. The undermentioned Lieutenants with temporary rank, to be Lieutenants with permanent rank, viz. : Lieutenant Alexander Donll. Lieutenant Robert Emmett Kane. Lieutenant Archibald Hamilton Bell. Lieutenant George Budd. Lieutenant John Haughton. Lieutenant Henry Rogers levers. Lieutenant Robert Lloyd. Lieutenant Thomas Clarke. Lieutenant William Godeffroy Brancker. Lieutenant Donald Roderick Cameron. Lieutenant William Henry Noble. Lieut. Richard Newton Young. Lieut. Joseph Haythorne Edgar. Surgeon Stanhope Hunter Fasson, M.D., from the 95th Foot, to be surgeon. TO BE ASSISTANT-SURGEONS. Assistant Surgeon William Beale Wallis, from the Hos pital Staff, Assistant Surgeon Wm. Younge Jeeves, from the Hos pital Staff. Assistant Surgeon Joseph Fletcher Loughsed, from the Rifle Brigade. Assistant Surgeon Wm. Morris, from the Hospital Staff. Assistant Surgeon Andrew Robertson Smith, from the Hospital Staff. Assistant Surgeon Cyrus Octavius Daniell, from the Hospital Staff. Assistant Surgeon John Whittle Rimmer, from the Hospital Staff. Acting Assistant Surgeon Richard Uniacke Cashman, from the Hospital Staff. Acting Assist.-Surgeon Henry Richard Lobb Veale, M.D., from the Hospital Staff. The rank in the Army of Assist.-Surgeon R. U. Cash man, to bear date 18th May, 1855. The rank in the Army of Assist.-Surgeon H. R. L. Veale, M.D., to bear date the 14th August, 1855. 9th Regiment of Foot—Ensign Croker Miller has been superseded, being absent without leave. 16th Foot—Acting Assist.-Surgeon Hector Ferguson to be Assist• Surgeon. _ _ 18th Foot—Ensign Hugh Shaw to be Lieutenant, by purchase, vice Wolseley, who retires ; James Francis Dan beny, Gent., to be Ensign, by purchase, vice Shaw, 21st Foot—Major the Hon. David Erskine, from the 51st Foot, to be Major, vice Knox, who exchanges. 234 Foot—Ensign J. De Gorrequer Dolmage has been superseded, being absent without leave. _ _ 2d Foot—Quartermaster-Serjeant Francis Stribling to be Quartermaster, vice Giddings, appointed Paymaster. 35th Foot—Lieut.-Colonel John M'Neill Walter, from the 53d Foot, to be Lieut.-Colonel, vice Brevet Colonel Faber, who exchanges. 41st Foot—Ensign Matthew Ellison has been superseded, being absent without leave. 42d Foot—Lieut. Wilsone Black to be Captain, by pur chase, vice Orde, who retires ; Captain Herbert Henry Moseley, from half-pay of the regiment, to be Captain, vice Black, placed upon half-pay. 50th Foot—Lieut. Charles Mills has been permitted to retire from the service by the sale of his commission. 51st Font—Major the Hon. William Stuart Knox, from the 21st Foot, to be Major, vice Erskine. who exchanges. b 3 ,1 Foot—Brevet-Colonel W. Raikes Faber, from 35th Foot, to be ,Lieutenant-Colonel, vice Walter, who exchanges; Ensign Charles BAguall to be Lieutenant, by purchase, vice Humphrey, who retires ; George Campbell Sidebottom, Gent., to be Ensign, by purchase, vice Bag nail. 74th Foot—Brevet-Lieutenant-Colonel James W. Dal gety, from half-pay Unattached, to be Captain, vice Adam Campbell, who exchanges ; Lieutenant Sir David Baird, Bart., to be Captain, by purchase, vice DAgety, who re tires ; Ensign. Robert Elphinstone Dear to be Lieutenant, by purchase, vice Sir David Baird ; Francis Pavy, Gent., to be Ensign, by purchase, vice Dear. 78th Foot-Assistant-Surgeon Sam uel Stacy Skipton, M.D., from the Staff, to be Assistant-Surgeon, vice O'Neill, deceased. 88th Foot —Ensign Edward Cape has been superseded, being absent without leave. 95th Foot—Staff-Surgeon, Second. Class, John Ewing to be_Surgeon, vice Fassou, appointed to the Royal Artillery. 2d West India Regiment: s The surname of the Ensign, appointed on the 6th inst., is Platt, and not Pratt, as pre viously stated. UNATTACHED. Lieutenant John Gilletland, from 3d Dragoon Guards, to be Captain, without purchase. HOSPITAL STAFF. Staff-Surgeon of the Second Class William Hanbury, from half-pay, to be Staff Surgeon of the Second Class, Tice Ewing, appointed to the 96th Foct. The undermentioned Acting Assistant-Surgeons to be Assistant-Surgeons to the Forces : George Clarence Hyde. Francis John Scott. Henry Kelsall. Edmund Greswold McDowell. John Goodwin. BREVET. The undermentioned Officers on the Retired Full-pay lists of the Royal Artillery, to be promoted in consequence of the promotion of the Officers who stood next below them at the time of their retirement, in accordance with the provisions of the 21st clause of the Royal Warrant of Nov. 3, 1854, viz.:— In consequence of General Sir H. D. Ross's promotion, Lieutenant-General Patrick Campbell to be General. In consequence of Lieutenant-General Frederick Camp bell's promotion, Major-General Robert Douglas, C. 8., to be Lieutenant-General. The following-promotiau‘to take place in consequence of Major-General Sir William Von wick Williams, K.C.8., the Senio - r - Stipernumerary General Officer' of %V Royal Artillery, having been placed upon the fixed estab lishment of Major-Generals for the Ordnance. Department: Lieutenant-Colonel Charles Augustus Arney, Unat tached, to be Colonel. Brev - et-Majer Edward James Pratt, 9th Light Dragoons, to be Lieutenant-Colonel. Captain Robert Hawkes, 80th Foot, to be Major. The undermentioned Officer having completed three years' actual service on the 30th D3c., 1856, in the rank of Lieutenant-Colonel, to be promoted to bo Colonel in the Army, under the Royal Warrant of 6th Oct., 1354 : Lieutenant-Colonel Henry Smyth, gith Foot. COMMISSIONS SIGNED BY LORDS-LIEUTENANT. North Salopian Regiment of Yeomanry Cavalry— Richard Lloyd, Esq. (late or the Grenadier Guards), to be Captain, vice Croxon, resigned; &net William Shakeshaft Lawley to be Lieutenant, vice Kiuchant, resigned ; Cornet Thomas Hugh Sandford to be Lieutenant, vice Brown, re signed ; Cornet Rowland Jones Venables to be Lieutenant, vice Dod, promoted ; Lieutenant Whitehall Dod (late Captain in 6th Dragoons) to be Captain and Adjutant, vice John Shirley, retired ; Henry Bertie Watkin Wil liam.; Wynn, Esq., to be Cornet, v ice H o d gson, promo t ed; the Hon. Lloyd Kenyon to be Cornet, vice Lawley, pro moted ; David Francis Atcherley, Esq., to be Cornet, vice Sandford, promoted. Royal Lanarkshire Militia—Lieutenant William Wilson to be Captain, vice Lindley, resigned. NOTICE TO MARINERS. (No. 42.) NORTH AMERICA—WEST COAST. Light on Cape Hancock, Columbia River.—The United States Lighthouse Board has given notice, that on and after the 15th day of October, 1856, a light would be es tablished on Cape Hancock, on the north side of the mouth of the Columbia River, Washington Territory. The light is a fired white light, of the first order, illu minating the entire horizon. It is placed at a height of 230 feet above the level of the sea ; and should be visible, in clear weather, from the deck of a ship at a distance of 22 miles. The light tower is whitewashed; it is 40 feet high, and stands on the pitch of the Cape, at about 190 feet above the Sea. According to the United States Coast Survey it is in let. 46 deg . . ld min. 35 sec. N., l ong . 124 deg. 2 m i n . wes t o f Greenwich. _ Variation of the com pass 20 d eg . 45 m i n. east i n J u l y, 18 . A fog bell of 1,6001 be. weight has also been placed on the bluff in advance of the light tower, and will be sounded during foggy or thick weather, day and night, from th e same date. Th e di st i nctive mode of striking the bell will b e published hereafter. The machinery is in a frame building, on a lev e l w i th the ground, with the front/open to receivb the bell, an d i s also whitewashed. By By command of their Lordships, JOHN WASHINGTON, Hydrograpber. of the entrance of the river Jade and Weser, instead of the old light on that island. By command of their lordships, JOHN WASHINOTON, Flydrographer. rfydrographic-office, Admiralty, London. Ist December, 1816. This notice affects the following Admiralty Charts North Sea, General, No. '2.33_9, Sheet 3, N o. 2,248 ; en trance to the Elbe, No. 1,875 ; Hel igoland Bight, No. 1,887. Also Northern Europe Lighthouse list, No. 59. (No. 44) NORTri SEA-ENTRANCE OF THE WESER. Revolving Light on Wanger-Oog. The Government of Oldenburg has given notice that on and after the isa day of October, 1856, a light would be ex hibited from the new tower recently erected near the eastern extremity of the island of Wanger-Oog on the west s id e Hydrographic Office, Admiralty, London, Nov 22, 1856. This notice affects the following Admiralty Charts : Colombia River, Entrance, No. 1,577. Pacific Ocean, No. 2,461, also West Coast of America Lightouso List, No. 46. BA NKRUPTCIES ANNULLED. Meyer Jacobs,raanufacturer, Steward-street, Spitalfields. Walter Lodge, cloth manufacturer, Fennay Bridge, near Huddersfield. BANKRUPTS. John Sworder, rnaltstcr, Ware, to surrender, Jan. 20, at half-past one, and Feb 19, at two, at the Court of Bank ruptcy. Johnson, offi c i a l assignee, Basingliall-street ; Mason and Sturt, Gresham-street, Shaw Clou g h , L ancashire. Jan. John Haworth , spinner, 23 and Feb. 13, at t waive, at the Manchester District Court. official Man assigch ester nee, Manchester ; S ale, Worthing- ton, Hernaman, and ShiPman, Samuel Clare, grocer, Ashton -under Lyne, Jan. 21 and Feb. 11, at twelve, at the Manchest er Di strict Court. 1, Pott, official assignee, Manchester ; D arn t on, Ashton- THE SUN, LONDON, FRIDAY EVENING, JANUARY 9l 1857 , 1 ender-Lyne ; Sale, Worthington, and Shipman, Man -1 cheater. Henry Duckworth, Glen Top Mill, Lancashire, cotton manufacturer Jan. 21, and Feb. 11, at twelve, at th e Manchester District Court. Fraser, official assignee, Man chester ; Hargreaves and Knowles, Lancashire ; Cobbett and Wheeler, Lancashire. _ _ Jimes Gilbert, contractor, Manchester, Jan. 20, and Feb. 18, at twelve, at the Manchester District Court. Pott, official assignee, Manchester; Heath, Manchester. SCOTCH SEQUESTRATIONS. John Forsyth, farmer, Cuthil, Linlithgowshire. James Banks; glazier, Findlay-street, Glasgow. Robert Mackinlay, grocer, St. Nicholas, Aberdeen. John Gourlay, plumber, High-street, Dumfries. James Drysdale, merchant, Renfield-street, Glasgow. Robert Hinshaw, spirit dealer, Motherwell, Lanarkshire. Watsons and Company, woollen drapers, Paisley. Archibald Carmichael, farmer, at present prisoner in the Jail of Dundee. Thomas Naismith, carter, Woodside, Glasgow. BANK OF An Account pursuant to the Act the Week ending on Saturd ENGLAND. 7th and Bth Victoria, cap 32, for ay the 3d day of Jas., 1857. 'AMIENT. DIODE DEP. A Notes issturl ..... . • • 24,022,615 Government debt.... 11,015,100 Other securities...... 3,459,900 Gold coin and bullion 9,547,615 Silver bu11i0n........ - 424,022,615 £24,022,615 i. MARSIIALL, Chief Cashier. 1857. PAIIThaNT. Dated the Bth day of January, BANKING DE f. Proprietors' capital .. 14,553,000 Rest 3,299,314 Public deposits (in cluding Exchequer, Commissioners of National Debt, Sav ing's Banks, and Dividend Accocmts) 7,592,202 )thee deposits ...... 10,096,525 ieven Day and other Bills ........ 786,524 Government securities (includg.Dead Weight Annuity) ........ 11,6 In ,151 Other securities...—. 19,295.3 , 8 Notes .... 4,797,31 5 Gold and silver coin.. 634,791 .36,327,565 £36,327,565 MARSHALL, Chief Cashier. 1857. Dated the ath day of January, 11 COURSE OF EXCHANGE.--Trus DAY. 4.msterdam...... ••••.. 11 14 'Gibraltar ...... ••• • •• Ditto, three months .. 11 17 1 Leghorn .............. 29 60 Rotterdam ............ 11 174' Genoa ...... i 5 773 Antwerp •• • • •••• .• •... 25 35 I Milan Brussels 2.5 35 1 Venice................ - Hamburgh,•..,,,... • . l3 6% Naples .. 43 Altona ................ Palermo ...... 129 Pari5...........25 25 Messina ... • ... 129% Ditto, three months .. 25 65 1 Lisbon .......... • • 51% Marseilles ............. 26 673 Oporto • • 51% Bourdeaux ........ Rio Janeiro..... .••• • .. Frankfort-on-Maine .• .. 118% Buenos Ayres.. • — Berlin New York,6o days' sight Vienna .... 10 43 Philadelphia . ...... Prie5te.......... • • .... 10 44 ! PAICES OP arriatcx, PEI OZ. Petersburg ............ 37% Foreign Gold in Bars £3 17 9 Madrid 49 ' Portugal Gold Coin .. 0 0 0 Cadiz ........• • • ...... 49% f Mexican Dollars 0 5 1% Barcelona I New Dollars .. .... 0 0 0 Seville_ .... 1 Sliver in bars .. .0 5 1N COLONIAL REPRESENTATIVE GOVERNMENT. (Prom the Times.) Till within a very few years no product of Eng land appeared so impossible to transport aoross the seas as her responsible government. The great Republic which has sprung from our American colonies has developed our love of liberty, our respect for individual rights, and our de ference to public opinion, but has never been able to appropriate to herself the Eng lish executive. In every . State, as well as in the Central Legislature, the chief magistrate is elected for a definite period, and the Ministers of the Federal Government are excluded from seats in the Legislature, and may retain office, although they and their opinions are in a decided minority. The notion of a responsible Government holding office so long as it retained the confidence of the Legislative Assembly has for the first time in the present year been brought into practice in the Australian colonies. Educated hitherto under a system of political tutelage, with one-third of their members nominated by the Crown, and consisting partly of officials whom no possible success of oppo sition could displace, the Australian Assemblies had but little experience of the theory or practice of constitutional government. How matters are to proceed in Victoria we do not know, for the elections are not yet concluded ; but we have had a notable specimen of the turbulent infancy of re sponsible government in New South Wales. The spring of last year was occupied in that colony by an election of members to serve in the Lower House. The electoral districts in the colony were said at the time of passing the act under which it received its constitution to have been framed with great inequality, and from this cause, or from some other of which our accounts do not inform us, par ties appear to have been nearly equally balanced. The Governor, Sir Wm. Denison—whose conduct throughout the whole of these complicated transac tions appears, so far as we hive the means of judg ing, to have been extremely judicious and impar tial—first devolved the task of forming a Go vernment of Mr. Thompson, the Colonial Secretary under the old regime. On the failure of this gen tleman the duty was entrusted to Mr. Donaldson, a merchant and settler, who succeeded, though with great difficulty, in forming a Ministry. This Government seems to have been formed of Con servative elements, and to have been suspected at least of an intention to maintain the claims of the present occupants of Crown lands in all their in tegrity. However, the Government obtained a majority, but a majority so small that in August last they resigned because they did not receive that amount of support to which they believed themselves entitled. Sir William Denison then summoned to his Councils Mr. Cowper, the leader of the Opposition, who formed a Government, but was driven to select his Attorney-General from among the solicitors instead of the bar, there be ing, as it appears, the same line of demarcation between the two branches of the profession there as in England. The bar, of course, were indignant at such a slight, and personal objections seem to have existed against the new Attorney-General of more force than his belonging to the wrong branch of the legal hierarchy. When this Ministry met the House a vote of censure was moved upon them, mainly levelled at this obnoxious Attorney-General and carried by a majority of 2. Mr. Cowper and his colleagues thereupon resigned, and the scale, which had inclined for the moment in favour of the Liberals, once more favoured the Conservatives. By the last accounts a new Ministry was formed by Mr. Parker, a gentleman whose fame, whatever it may be, has not yet penetrated these northern regions. - We have been thus particular in narrating these events, because, as it is of great importance to truth that the difficulties of responsible government should be extenuated, so it is of equal consequence to the future well government of our colonies that they should not be exaggerated or misrepresented. It is very easy to raise out of these frequent, almost theatrical, changes of Ministers and Ministries a cry that the colonies are unfit for self-government. For our own part we see nothing in what has hap pened in New South Wales which might not per fectly well have happened in England itself, always excepting the sensitiveness of a Prime Minister who resigns office while he has got a working majority of two, and the nomination of Attorney- General selected from the roll of solicitors. It is nothing new in this country for parties to be nearly balanced or Ministries to be shortlived. Nor is the conflict, as has been represented, one merely for place and power. There is a vast prize at stake— no less than the. unsold lands of the colony, which the one party wish to retain in the hands of the present occupants at nominal rents, and the other eo throw open to purchase. The minority claim to represent the larger portion of the people of the colony, and only to be outvoted by an unfair division of the electoral districts. The struggle must con tinue till victory decides for one side or the other; and instead of cavilling at its course, we ought to rejoice that we have provided our colo nists with an arena on which to fight out their local differences by argument and reason, instead of having recourse to those explosions of fury and discord which are apt to agitate those communities for whose passions a similar safety-valve is not provided. - Responsible government can do great things, but it cannot beforehand ascertain the relative force of parties, nor discern without trial the fittest men to conduct the government, nor remedy by its own innate force the faulty distribution of electoral power ; but there is no reason to doubt that in Australia, as elsewhere, the effect of responsible government, when time has been given it to attain its full development, will prove the same blessing that it has been in England and, in Canada. ;Vg must—beware -of *copying_ the impatience tf fJnaPj NThillneanimrpersons in -1848, ;who, because their . new institutions did not at once regenera t e nati ons utterly unaccustomed to think and act for them selves, and restore a prosperity undermined by centuries of misgovernment, believed their aspira tions after liberty a dream, and sank back into their old lethargy. A remembrance of the struggles and blunders, the crimes and absurdities, through which England floundered into her present consti tution should lead us to look with tolerance and with hope on our rising colonies, and teach us not to be surprised above measure if they do not realise fully in sit months a work which cost us as many centuries. LAW INTELLIGENCE.--Jan. 8. BANKRUPTCY COURT. (Before Mr. Commissioner Volroycl.) IN RE THE ROYAL BRITISH BANK. A private meeting was held to-day under the bank ruptcy, the object being to discuss a great number of proofs on the part of shareholders, to prove as creditors against the estate. Mr. Mellish appeared in support of the claims ; and Mr. Browne (instructed by Messrs. Linklater) for the assignees, to oppose. The following are some of the articles in the indenture between the present directors and other subscribers and trustees which are important:— Clause 1. That the parties hereto associate is form a company called the " British Bank," and promote to the utmost its interests. They bind themselves to the articles contained, which are to constitute the fundamental articles of the company. • Clause 2. The capital is to be 100,0001., in 1,000 shares of 1001. each, to be increased if required, by creation of new shares. The shares not subscribed for, and afterwards created, to be allotted according to the discretion of the court: The profits to be carried to the " reserved fund." No one to hold more than 600 shares unless acquired, &c. Clause 22. Directors appointed for present year and to continue in office until Sept., 1850. Directors to nominate others as co-directors for above period. One-fourth at the least of the directors to retire at every annual general meeting, those retiring to be chosen by the court, but al ways outof those who have been longest in office. The va cancies to be supplied by election of other shareholders. No retiring director to be re-elected for at least 12 months. Appointment of governor and deputy-governor and of the chairman. Clause 23. A director to hold ten shares in his own right; no clerk, ke., of any other bank eligible as a director. The circumstances rendering the office of director vacant. Of relations, partners in trade, not more than one eligible for director. Clause 24. Directors to signify acceptance of office ; sub scribing declaration of secrecy tantamount to acceptance. Failing the performance of both these, offices to be declared vacant, and court to appoint another, who will stand in all respects as the one superseded. Clause 25. If conduct of director appears prejudicial to company, court at special meeting by majority of three fourths may remove director. Shareholders at general or extraordinary meeting by majorityof four-fifths in number and value, present in person or proxy, may remove any director. Clause 29. Directors and others to faithfully discharge their several duties, and observe secrecy on transactions of the company with their customers, and on the state of ac counts with individuals. Director to pledge himself not to make any revelation unless required to do so by the court or meeting, or court of law. Clause 30. Director or officer may resign on giving notice to the general manager. In the case of the general manager notice to be given to the court. Fourteen days' notice re quisite for a director, and three months for manager or other offiper. Clause 31. Appointment of trustees; grants of land,&o., made in their names. Appointment of William Cash and others as present trustees, who may be removed by the court. All purchases, &c., in names of trustees, to be under control of the court ' • and all writings made in their name to be countersigned by general manager. The court's di rections obligatory on the trustees. Clause 32. Directors, trustees, and officers, held harmless from expenses in any proceeding at law or equity, except incurred by their own neglect ; such expense to be paid out of the assets of the company, and have a priority over all other claims, and be satisfied, in the first place, out of the " reserved fund." Each director and officer answerable for his own negligence only. Clause 33. The court to give credit on cash accounts, agreeably to the bye-laws made to regulate advances. No proprietor entitled as a right to demand a cash or other credit. No director or vote on any motion benefiting him self directly or indirectly, or become surety in any loan transaction. Clause 34. Power to invest capital not required for im mediate purposes. Clause 36. Books to be kept containing true, fair, and explicit entries of receipts, payments, transactions, deal ings, profits, gains, and losses ; also an account of the capi tal and moneys deposited with the company. Books to be balanced monthly, and statement published, fully mani festing the actual position of the company. No proprietor, unless a director or auditor, entitled to inspect the books, Lie., except those produced at any general meeting; nor any proprietor entitled in equity to a discovery thereof. Clause 44. General meeting of proprietors to be held in. September yearly. Directors to be then elected as pro vided. Fourteen days' notice specifying business of the meeting. to be given. No other than the specified business to be transacted. Clause 45. Half yearly meeting may be held, notice and business as in last clause. If no half yearly meeting be held, a printed statement of the position of the company to be forwarded to each proprietor. In September every year a balance sheet, profit and loss account, and auditor's report to be sent to every proprietor. Clause 46. The court, or not less than nine proprietors holding collectively2l shares, may require an extraordinary meeting to be called by requisition to general manager, stating object of meeting, who will appoint meeting within 21 days, giving 14 days' notice. Nothing transacted at such meeting to be binding unless coArlned by a second general meeting, which is convened by chairmen of the first meeting upon notice of 14 days. Upon manager's re fusal to call meeting shareholders may call such meeting upon 14 days' notice. Clause 47. True balance sheet and report of profits and accumulation of capital to be exhibited at every general meeting. Clause 48. The governor, deputy governor, or director to be chairman of extraordinary nr general meeting. Chair man to have casting vote. Motion primarily decided by show of hands. Four shareholders may demand a poll. Proprietors entitled to vote as follow Holders of 4 and less than 10 shares, one vote; 10 and less than 20, two votes ; 20 and less than 50, three votes ; 50 and upwards, four votes; of above 100 shares, to have one additional vote for every 50 shares above 100 held. No shareholder to have more than fifteen votes ; and no one possessing less than four to vote. General manager to fur nish form of proxy to applicants, kc. Mr. Mellish appeared on behalf of a large body of new shareholders in support of their claim to prove for money had and received, for sums which had been received from them by the Royal British Bank, on the ground that those sums were obtained from them by fraud of directors and managers of the bank—that those shareholders never dis covered the fraud until after the bank had stopped, but, having discovered it, they said they were entitled to repu diate those shares, and to claim the sums paid by them as money had and received. Thera was no doubt as to the general proposition of law, that if a contract was procured by fraudulent misrepresentation or by fraud, and money was paid under it, as soon as the party who had paid that money discovered the fraud, he had a right to elect to re cind that contract and recover the sum he had paid under it in an action for money had and received. And, of course, if entitled to recover in an action, he was equally entitled ofto tphreovceasfeorwtahaetahimaount :—Thein Rbaonykarluptcy. British B T a he nkg e w n a e s ra fo l r a m ta e t d e by a charter issued Feb r uary 17, 049, and .by, that charter th'e epplaif of t4 l e ce ba i. n e k ac w h a , s , fixed N , o,3o 4 ..t . :l o t o h , e o oo l pr . , ti f i v h id a e r d ep in r t o o . g 6a ra p a it t a ed l, the shares which formed the original .sle,olaotoedshhaerldea.aonfy of the that new tio; time it w charter, as clear that the directors had no power, by the terms of the original charter, to increase the capital of the bank without obtaining another charter of the Crown for that point of law, bat they 2 b 3 e , l4 lBs 'B s ll . are Pri u o a r de t r o . m ight be a serious question ultimately, in purpose. It whether even the Crown had power to give them the right to increase their capital, because the Joint- Stock Bank Act, 7 and 8 Vic., c. 112, had certain enact ments regarding the capital of the company which had not been complied with in this case. The fifth section ran thus "Provided always, and be it enacted, that it shall not be lawful for any such company t o commence b us i ness untilalltheshares have been subscribed for, and until the deed of partnership shall have been executed personally, or by some person duly authorised by warrant of attorney to execute the same, on behalf of such holder or holders being the holders of all the shares in the said business, and until a sum of not less than one-half of the amount of each share shall have been paid in respect of each such share : And it shall not be lawful for the company to repay any part of the sum so paid up without leave of the lords of the committee." The learned counsel then proceeded to argue that when the Crown issued the new charter, the preliminaries required by this act were not complied with —lO per cent. of the capital was not paid up—and it was therefore a serious question whether the parties had be come shareholders at all. But the main groand was fraudulent representation. It appeared from what had been published in the newspapers that Mr. Coleman was called in after the stoppage. proCvoem.nii; ii lOner—Yomust state what you are g o i ng to Mr. Mellish said he would call Mr. Coleman to prove the facts which he had set forth in his report. He should also rely on the evidence of the books of the bank. He pro posed to read the affidavits of several shareholders to show that they have been imposed upon by the representations of the directors of the bank. Mr. Brown said it was his duty, on behalf of theassignee s of the bank, to object to the course proposed. This was an important inquiry, involving proofs againtt the estate for no less a sum than 60,0001. ; and, as each case might etaud upon different grounds, he must insist on viva voce exami nation in each case. He was not aware of any principle on which the shareholders could be classified. Mr. H. Mellish said he would begin with one case—that of Mr. Edwin Booth, surgeon, of Great Queen•street, Westminster. His Honour said he thought the case ought to be con ducted as if they were at nisi prius trying an action for money had and received. Mr. Mellish was prepared to fallow that the directors had knowingly published false representations with the view of inducing parties to take shares, and that they were so induced. This would be sufficient proof of the fraud. He would prove that the directors had declared fictitious dividends —not dividends out of profit, but out of capital, and out of the deposits of the customers. He then read the affidavit of Mr. Booth. Mr. Brown objected to this, unless Mr. Booth was pre sent to be cross-examined. - - Mr. Mellish said the case of Booth was this. He kept a drawing account at the Strand branch of the bank from Oct., 1850, down to the stoppage. He perused the reports periodically issued, especially one in Dec., 1854, stating that the bank had 804,7931. on loan, on convertible secu rity, &c. Shortly after he called on the manager, and was by him induced to take shares as an eligible invest ment. In March, 1855, he received a circular from the directors announcing that a new charter had been granted, and that 300,000/. would be added to the capital. He would prove that the representations in that circular, as to the amount of dividend, were false and fraudulent : at the very time the report was issued the bank had lost the whole of its subscribed eapitaland a large amount in addi tion ; that the dividend of 6 per cent. had been paid out of capital and out of depositors' money, and that there really was no reservefund ei 10,0031. in existence. The directors, manager, solicitor, and chairman had bor rowed very large sums of the bank—over from 40,0001. to 71,0001., which in the aggregate exceeded the paid-up capital, and whi c h the parties well knew they were unable to pay. And yet these were all treated as available assets, as were the bad debts due from Mr Oliver, of Liverpool, and from the holders of Welsh mines. It could not be doubted that at the time this report was Issued they had lost so much that they could not go on without this additional capital, and that th ere was a scheme on the part of the di rectors to induce new shareholders to come in. They must have known that if a fair and honest statement had been made not a single penny of the new capital of 300,0001. would have been subscribed. To obtain this capital it wile necessary to misrepresent the affairs of the bank Mr. Booth, after per us i ng th i s c i rcu l ar , a p p li e d f or six new shares, and had th em a l lotted to hi m on M arc h 17, paying a deposit of 10/. on each share. The share certificates were issued in June. On the 20th of that month Mr. Booth paid up the remainder of the money, 2401., and received from the bank certificates numbered from 2,642 to 2,647. It was not until after the bank had stopped payment in Sep tember last that Mr. Booth became aware of the frauds that had been practised on him; and on that ground he repudiated his being a shareholder. If any dividend had been received by. Mr. Booth, credit would be given for that amount—the contract being treated as null. The falsity of the reports and representations would be shown by the books of the bank ; and if this were done the charge would be proved against the whole of the directors who published the reports. The learned gentleman then referred to the case of Burnes and Pennell (2d House of Lords' Cases, 497), where it was held that if the shareholder had been deluded by the representations of the directors, though not made immediately or directly to him, he was entitled to mover. In this case, as in that, directors had fictitiously raised the price of shares. He would prove that the direc tors ware constantly endeavouring to induce all parties with whom they came in contact, by these false and fraudulent representations, to take the new shares. After some discussion, during which it appeared that Mr. Booth was unable to attend to-day to give evidence, another new shareholder was called : William Nelson—l am a clerk, residing at Canter bury Villas. I opened an account at the Royal British Bank in March, 1354, and kept it there (at the Strand branch) until the bank stopped. I saw reports and balance-sheets of the bank. I saw them first when I opened a deposit account there. I saw them first through a friend, and afterwardsfrom the Strand branch. I asked for them, and they gave them to me on occasions when their bank meetings took place. I opened the account with the Strand branch with a view of taking shares. It was first mentioned to me by Mr. Davenport, a. gentleman in the same office as myself. I received circulars, and that, in connection with what was told, induced me to take new shares. Mr. Mellish said he could not Ind the circular. The witness said be had handed it to the solicitor. Mr. Brown would insist on the production of the cir. cular if the witness was to proceed. The Commissioner said there must be strict proof. The witness said he appended the circular to the letter which he sent to Mr. E. Field, or rather addressed to Messrs. Sharpe, Field, and Jackson. The circular was at length produced, and witness hav ing identified it said he received it from his friend Mr. Davenport. Mr. Brown said that all that was known of Mr. Da venport was that he was a gentleman in the same office with Mr. Nelson. That could not be received as evi dence. Commfssioner—lt is printed, I suppose. Mr. Brown replied in the affirmative. Mr. Mellish—Then let us have the minute-book of March, 1855. Mr. Brown—lt is not here. Commissioner—Notice should have been given for the production of all papers. Mr. Linklater—l brought all the books in my office. Commissioner—Where is the minute-book I Search was made amid a pile of books and papers. It was contended that it could not be expected that cartloads of books and papers were to be imported from the office of the official assignee to the court each time there was a meeting. A long pause was then made. It was evidently "war to the knife," neither party conceding a single inch. Mr. Brown alleged that the claim attempted to be proved was altogether of a novel character. Evidence resumed—l made application for the shares in March, 1855, in the usual printed form. It was after I received the circular. Mr. Linklater—l brought everything I have got from my office. Do you want all that are at the official as• signee's office ? There are at least 20 cart loads. Commissioner—l suppose he is registered as a share holder Mr. Mellish—Oh, yes. Mr. Brown—We must have the application for shares as well as the answer—the letter of allotment. I will lend no assistance in making out a claim of this kind. It . will make a difference of 160,0001. to the estate. The question raised is novel and important. Mr. Mellish—lf we are put to strict proof we must give notice for the production of everything. Mr. Brown—You shall have any paper we have got. Mr. Mellish—l wish the Court would make an order that we should have access to the books, so that we might get up our case. It is the duty of the assignees to pro dnce all books and papers. Mr. Brown—My friend will have access in or out of court to all the documents in our possession. Mr. Mellish—Have you got those documents ? Mr. Brown—We have an ocean of documents, and you will see any you are entitled to see. Mr. Mellish—Entitled to see ? Mr. Brown—Yes; any to which you would be entitled in an action at law. Commissioner—Don't you think it is better they should have access to all the papers of the bank ? It was so arranged. Witness went on to say that he had paid in the first 201., and secondly 801. on the shares. Commissioner—Would it not be better to stop here. Let Mr. Field examine the company's papers and books, and see whether he has a case or not. If you can't bring home any fraud by one partieular individual the remedy might be in equity. It may turn out that the fraud was committed on a body of people, but that a single case of fraud upon an individual could not be made out. After looking at the papers, Mr. Field will see whether he ought to proceed in this court or in equity. Mr. Linklater—We are to produce all books and pa pers that are needed to Mr. Field, but not to run riot through the boeks of the bank. Commissioner--What concerns each particular case. Mr. Brown—Bat not on a voyage of discovery—law and equity would stop that. Mr. Mellish—Law and equity would allow us to go through the books of the bank in order to make out our case. We want to show that the representations of the directors were false, and to show that through the books. Mr. Brown—We will show whatever can prove that the accounts published by the directors are false. Mr. Mellish—We must ask for an order of the Court. Commissioner—But you must not blow hot and cold —that you are not a shareholder, and that you are. Mr. Brown—l don't think there will be any difficulty. . Mr. Linklater—There is a vast deal that it would be incorrect and unadvisable to publish. Mr. Field—We want all the papers which can go to establish our claim. Mr. Linklater—lf you want copies of them, you will have them in about a century. Commissioner—You had better come to some arrange ment as to the papers you want to see. Witness produced two certificates_ of the .shares, set ting birth that thelmoney had been paid . I . 'completeil the purchase of the- shares before I obtained the certiff-.., cateei That was after the Midsummer meeting of the shareholders. I attended the meeting before I signed the deed or paid the second instalment. I heard the report of the directors of the bank read at the meeting, and have got a copy of that report, bat not here—it is at home. Mr. Mellish—Surely you can produce that report. It appeared in the newspapers of the day. Mr. Brown—l know nothing of it. Mr. Mellish—is not this a copy of the report Mr. Brown—He never saw that report before, and can't refresh his memory with that. Mr. Mellish—These are the objections with which we are met. Mr. Brown—You must prove your casein the ordinary way. Mr. Mellish—You ought to admit all circulars, and all printed reports. Mr. Brown—Yes ; when I look at the minute-book, and find they correspond, but not till then. You prefer a charge of fraud against the directors. Mr. Mellish—Everybody knows that half yearly reports were made and published. Mr. Brown—Show me in the usual way what was done by the directors. Mr. Mellish—What do you mean by the usual way Mr. Brown—Show us by the minute-book that certain circulars or reports were issued. Mr. Mellish—You know the minute-book is not in our custody. Mr. Brown—Then you should give us proper notice to produce it. Mr. Field—l must say this refusal is unprecedented. Mr. Brown—You ask us to give about 100,000/. from the creditors to certain shareholders. Mr. Mellish—We ask for justice and no more. Mr. Brown—Which we are willing you should have. Mr. Mellish—Let us have Mr. Coleman to look through the books. Mr. Reed—No ; Mr. Coleman is the accountant on behalf of the directors. Mr. Field—No ; Mr. Coleman is acting for the as signees... _ _ _ - Mr. Reed—Mr. Coleman did act for the directors, and I object now to this acting against them. Mr. Field—Then, some other accountant. Mr. Linklater—Very well. But we have no control over the clerks of the bank, who are under the control of the official manager. Commissioner—lt would be better if you would, with out going further, after inspecting the books of the company, see if you can't make out a case. Mr. Field—We must examine certain parties to get at the bottom of this case. We will still, I have no doubt, arrange the formal part. Commissioner—You ought to knew what your wit. nesses will prove, and so instruct your counsel that he may know what facts he is to elicit. Mr. Linklater—He has not made up his mind whether or not. Mr. Field—l want to know whether all these balance sheets and reports are lies or not. I fear there are very few of the directors to he found. Mr. Linklater—That is not the fact. Mr. Alderman Kennedy was in court this morning, and, what is more, paid 501. per share ; and if everybody else did the same there would be soon considerable as.et3. Mr. Field—But where is Mr. Cameron—where is Mr. Macgregor ? Commissioner—Yun can have summonses for what ever witnesses you want to summon. Mr. Field—We can appoint a day now. Mr. Linklater—You will have weeks of work before you can fix a day. Mr. Field—l do not come to Mr. Linklater for in structions as to what I have to do. Mr. Linklater—l am offering you all the facilities to which you are entitled, and more. You can go to the vaults. of the bank and stay there till you are ready to come back again. Mr. Field—We now clearly see what you are at, and how we are to be treated. Mr. Linklater—You are, and you shall be, treated with justice and with probity. It you wish to name a day now, or rather have one named, I will not oppose it; but I think it very unadvisable to bring parties here when you are not ready. Commissioner—Will Monday week do ? i .f Mr. Field—We must have summonses for the bank clerks. Co►nmissioner--If you establish one case, you can use the evidence in that for other cases of a similar kind. Mr. Linklater—There is no objection whatever to that course. Commissioner—Let the meeting be fixed for Monday week, at 11 o'clock. CENTRAL CRIMINAL COURT, Jan. 8. OLD COURT. (Before Mr. Baron Martin and Mr. Justice Willes.) John Compton, 23, a eenteel-looking young man, who was described ae a shoemaker, but who, it appeared, was a con-table in the D division of police, was indicted for a burglary in the dwelling-house of John Lee Benham, and stealing money to the amount of 36/., his property. Mr. Bodkin and Mr. Clerk conducted the prosecution on behalf of the Treasury ; the prisoner was defended by Mr. Sleigh. The following evidence was adduced : Mr. John Lee Benham deposed that he carried on the business of an ironmonger with two partners in Wigmore-street, and a portion of the premises was in Weibeck-street. In December last he was about to have a house in Welbeck-street thrown into his pre mises, and labourers were engaged for that purpose on the 10th of December, and a communication had been opened between the new house and the premises that were occupied by witness. Witness and his family and servants went to bed at about 11 o'clock at night on the 10th of December, and the premises were all at that time properly secured. About 4 o'clock on the follow ing morning he was awoke by a ringing at his bell, and he Lemke(' out of the window and saw a policeman, who turned out to be the prisoner, and on his going down stairs he found the Welbeck-street door open, and the prisoner standing outside in his uniform. As he was going down stairs he heard the prisoner say to another policeman, who was with him, "Don't leave, or I'll report you." Witness and the prisoner then went down to the basement, and found a basket belonging to one of the workmen on the floor, and he took possession of it, and the prisoner carried the basket and went up an un finished staircase, which rather excited witness's suspi cion. This staircase communicated with the new pre mises in Welbeck-street. Witness and the prisoner looked over the house, but he did not at the time discover that anything had been stolen, and he made an observa tion to that effect to the prisoner, and he was about to show the prisoner out, when he suggested that they should look in a small counting-house, where there was a desk that belonged to his son. Upon examining this desk it had evidently been disturbed, but as witness was nest at that time aware that any money was kept in it he repeated that nothing was gone, and the prisoner then called his attention to a drawer that had evidently been broke* open, and also to two empty portasonnaies that were lying on a chair. Witness did not direct the pri soner to any of the places that he examined, but he went to them of his own accord. Witness thought at this time that a small sum of money only had been taken &urn the drawers, and he went with the prisoner to the door, where the other policeman was waiting, and they went away. lie afterwards ascertained that the pre mises had been entered by a window that abutted upon a mews at the back of Welbeck-street. Thomas Knight, a sergeant of the D division, said, on the morning of the 11th Dec. he was engaged in look ing after the men on their beats, and he saw the prisoner about one o'clock, and he saw nothing more of him antil a few minutes before 3, when he asked him for a penny for the widow of a late constable. The whole of the force usually subscribed a penny in such cases. The prisoner said he did not think he had a penny, but he afterwards pulled oce from his coat pockets, and at the same said he was not short of a shilling either, and he pulled out a pocket-book, and witness saw that it was full of large silver. Witness observed that he ha 1 plenty of money, and the prisoner asked him if he would have half-a-crown to drink his health. Witness told him he did not want his money, and was about to walk away whet the prisoner dropped half-a-crown into his pocket, and he took it out and threw it on the pavement, and asked him why he took such a liberty with him as to put the money into his pocket, and he ought to report him for it ; he at the same time ordered the pri soner to leave his beat at 4 o'clock, and go to the station on reserve, He saw the prisoner at Mr. Benham's house about 4 o'clock, with his lamp on, and he repeated his orders to go to the station, and he said he had foetid a door open, and witness ordered him to arouse the inmates and brine , the report to him at the statio n as soon as he could.' The prisoner did not get to the station till just before 5 o'clock, and he was in a very confused and excited state, and, in answer to inquiries witness made of him, he said that Mr. Berthana's house had been entered, and that some drawers had been broken open, and also a cashbox. He was very con fused, and appeared hardly able to stand ; and witness took him before the inspector, to whom he repeated the statement he had made before. Witness was thee about to leave the station, and the prisoner followed him. 113 went home, and about t o'clock, in conse quence of some information he received, he went, in company with Inspector Mackrell, to the prisoner's lodging in Little Weymouth -street. He was not at home at the time, but he came in in about five minutes, and Mr. Mackrell told him that a bur glary had been committed on Mr. ' Benham's, and that he was suspected, and that he had come to search the lodgings. The prisoner said he had no money but what he worked hard for, and that he and hie wife had a severe quarrel, and that he took out all the money with him. The inspector was about to search him, when the prisoner pulled out the ceicketbook witness had seen during the night. There was then el silver in it, but the prisoner said it con tained a 51. note, and a note for that amount was found in it. Witness asked him what he had done with all the silver he saw at 3 o'clock, and he said he had changed it for 51. note at Mr. Carruthers' publichouse, in Buis trode-street. Ten shillings in silver were found in the prisoner's trousers pocket, and witness saw Mr. Mack rell find three pawnbrokers' duplicates in the prisoner's room. The prisoner was then taken to the police sta tion, and remained in the inspector's room the whole of that day. On the following morning the prisoner was taken to the police court, and as they were going along he saw the wife of a constable looking out of a window, , and he swung up his hands towards her and said, " All serene, old girl, I'll get over this all right." Witness said to him, " Don't be too sanguine, Compton ; there is more against you than you expect." He replied, " You have not found that gold, Knight ; that licked you." The prisoner's pay was 18s. 7d. per week, and I he also worked at his trade as a shoemaker, but his duty 1 as a policeman would not allow him to do much. --Mr.-Sleigh,- at the close of the caieefor the prosecu tion, made a very.earneet address tot the jury on b e h a lf of the prisoner. • Mr. Baron Martin having summed up the whole of the evidence with great care and impartiality, The jury r tired to consider their verdict, and in a few minutes they returned into court and found the pri• goner Guilty. The learned Judge, in passing sentence, said he entirely concurred in the verdict of the jury, and tie thought there could be no doubt in the mind of any one who had heard the evidence that the prisoner, and no other per eon had committed the burglary, and the fact that he had never attempted to give any explanation how he became possessed of the money that was seen upon him appeared to him to be alone quite con clusive of the fact. Under what circumstances, then, was the crime committed ? He was a man paid by the public to protect them, and they were heavily taxed to pay such men as he, and they had a right at least to expect to receive that protection ; but when they found such a man actually committing plunder on those whom it was his duty to protect it was a very heinous offence indeed and if the capital punishment had not been abolished he would most assuredly have been executed. The law looked upon the crime of burglary under any circumstances with abhorence, and the hours during which the offence could alone be committed — namely, between 9 at night and 6in the morning— showed that the intention of the law was to protect peo ple from being disturbed in their beds by acts of this de scription, and when the crime was committed by a person in the position of tho prisoner it was of the most aggra vated character, and he therefore felt bound to inflict on him the full punishment, which was that he be trans ported for life. TICKET-OF-LEAVE SYSTEM. Colonel Jebb is a first-rate statist. He has the right figures, and he reasons admirably upon them. His letter in our paper of yesterday is a model for any country the population of which is entirely under the dominion of reason, the climate of which secures it from nervous complaints, and where even the robbers and murderers—if there are any—take in blue-books, and amuse themselves with decimal sums is criminal arithmetic. The Colonel, how ever, makes soma admissions not at all of a nature to reassure the old ladies, or even the old gentle men, who now lie listening for " noises" till two o'clock in the morning. His first admission is, that under the existing acts there can be no pos sible alteration of the practice. He leaves us no loophole. It is all according to law. No doubt, he intimates, judges and magistrates are very un discriminating, and sometimes pass very light sen tences on atrocious offenders. The law, however, cannot undertake the office of the judge. It can only deal with the sentence • and if the same sen tence has been passed on the wretched pilferer of a few pounds of bacon and the deliberate perpe trator of the most horrible outrages, the law, says Colonel Jebb, interferes at the same p er i o d, and restores them both to society. So far, however, from the practice being an innovation on the side of lenity, it is much more severe than the pre vious one ; at least, by the testimony of the criminals themselves, who, the Colonel informs us, would much rather be sent to Australia at the end of four years' imprisonment in this country than set at l arge i n th e i r own d ear country r l after two years and a half. The chaplain, he says, has nothing to do with it. The only condition re quired by the act is a certain amount of good be haviour. In the department of criminal science it appears that the moral scale is graduated with an accuracy which removes all doubt between the convict and his keepers. The former sees the scale, and knows how to act up to its requirements. The Home-office, the visiting magistrates, and all the authorities concerned see at once when the requisite degree of morality has been attained. So, shutting their eyes to all " antecedents," to the peculiar circumstances under which their hopeful protege came under their care, and despising the vulgar belief that a man who has done certain things is sure to do them again, they give him his liberty, leaving society to take care of itself. It's all quite regular, says the Colonel, and he pro nounces it good. So, of course, we are not sur prised at the further aggravation of the present state of things that, in the Colonel's opinion, there I can be no immediate improvement upon it. Very well ; as, according to the Colonel, there is not sufficient discrimination, or rather none at all, except between what nurserymaids call the " behaviour" of this convict or that, neither of them having a very wide scope within the four walls of a gaol ; as the chaplain has not even the opportunity of discriminating; as the sentences are very undiscriminatory; as the Home-office does not venture to discriminate • and as the system is simply a machine by whi c h convicts of all sorts and sizes come in at one end and re-appear at the other in the uniform shape of ticket-of-leave people, we cannot be very wide of the mark if we suggest that iottie further att em pt b e made towards a -better discrimination, and consequent clasSification. we are to deal with? all convicts in the' same way, then we can understand the present system may meet a great variety of cases as well as any one other. With more discrimination, however, we may attempt different methods of t rea t men t. There clearly are those of whose reform we may entertain some reasonable hope, and as clearly there are others who are either irreclaimable or too dangerous to be set at large. We don't see why the personal question—for it is a personal question —may not be decided while the man is in prison, and upon va rious considerations. For example, we must say, in the present state of society, considering the mutual confidence in which we all dwell, and the way in which we leave ourselves at the mercy of violence, we have a very great reluctance to see men con victed of gross personal outrages thrown again on the public, except after the utmost possible ox deal. But, assuming certain less desperate or less for midable classes, surely we have not yet exhausted the desert shores, the outlying and inhospitable regions of the earth, where these men might spend the rest of their lives in such labours and under such a system as the site and the community would allow 'f It need not be a paradise ; as little need it be a hell ; but to a moderate purgatory we have no objection. The chief point, of course, would be that there should be no escape, and an impassa ble gulf between it and the more attractive colonies. Nature itself has adapted New Holland for the purpose, and left two of its shores as remote and inaccessible as could be required for such an object. For more desperate offenders, for those whose ten dencies are positively formidable, and whose amendment it is folly to hope for, there remains the last resource of perpetual and hopeless impri sonment at home. Such persons, seeing that humanity does not permit penal hunger and mace ration, may as well be employed on public works, such as those of Portland. The colonel himself observes that there is plenty of this sort of work to be done, and rather a want of convict labour for the purpose. Indeed, this is about the only suggestion of practical value in his letter, and as soon as Parliament meets we trust that every ticket of-leave man caught at his old tricks may reap the benefit of it.—Times. A subscription has been opene d i n the city, at the Royal and Imperial Mail Steam Packet office, on behalf of the widows and orphans, altogether 40 in number, of the captain, crew, &c,, of the O s t en d mail packet Violet, lost on Tuesday morning on the Goodwin Sands. Notwithstanding the payment of the dividends there was an active demand for money yesterday in the discount. market, at rates slightly below those of the Bank of England. The advances hteoabv, a be reimbursed themburseadintooutnbtastfeasiltianbg lshment were extremely heavy, due there during several days to come are believed to be very larze. The Nimroud, which took out two captains of th: Royal Artillery, 115 non-commissioned officers and pri• vats, 40 women, and 62 children, arrived at Sydney on the 12th of October. The latest dates thence are the 13th. THE WEATHER IN PARIS.—A very decided change took place yesterday in the weather, which has all at once become much colder. A considerable quantity of snow fell on Monday night in the neighbourhood of Paris, and yesterday morning the roofs of the houses were all white. During the day the state •of ttie atmo sphere was exceedingly wintry to the feel, and the differ ence between the temperature then and that of the day before was very marked. It is worthy of notice that the prediction of the weather made about a fortnight ago back by the Abbe O'Donnelly expressly mentions Jan. 6 as the day on which the change t) a decidedly colder state of the atmosphere was to commence. SEVERE PENALTY FOR SMUGGLINEL—The young man Thomas Stoker, reported in The Sun last week as being in custody at Shields on a charge cf sm ugg li ng 3j tons of tobacco has been brought before the Northumberland county magistrates and fined 5,0731. 17s. 11d. He was,. removed to Morpeth gaol on Wednesday. NEW COURT. W. Gallicher was indicted, upon the coroner's war. rant, for the manslaughter of Harpe❑ Elderton. The prisoner was found guilty, and sentenced to one month's imprisonment. C. Stannard, 33, butcher, was indicted fur the man. slaughter of Sarah Tydeman. It appeared that prisoner, who was a cabdriver, had upon the evening of the 21st of Dec. taken up the de. ceased and her sister at King's Cross, to convey them to the Marble Arch. He was, it appeared, at that time drunk, and drove them very unsteadily until he came to the Regent's-park, when he inquired his way. Having done so he then flogged his horse into a violent gallop, and drove it into a cab that was coming in an opposite direction with such force that he was thro w❑ from the box. The horse, which was much frightened, kept on its course and ran o❑ to the pole of a❑ omnibus that was advancing. The pole struck the unhappy woman on the chest with such force that her spine was dislocated, and she died almost directly. The jury found him guilty. Mr. Justice Wines said that the case was a very bad one, and if passed lightly over would be productive of great public danger; therefore, for the sake of example and safety, he could not pass a milder sentence than 12 months' imprisonment. HOLLAND AND JAPAN.—The following details relative to the relations of Holland with Japan are given by the Anna/es du Commove Exterieur :—" The Minister of the Colonies has admitted the necessity of subjecting the co lonial tariffs to a revision, ar. , l will proceed gradually to that result by first modifying the export-duties. The Emperor of Japan, feeling that he cannot maintain against foreign commerce his traditional system of exclu sion, has requested advice from the Dutch Government. He has also called for its co-operation in creating a navy a the naval Euro pean system, alicl in ol)taining instructi,, n in architecture, the military art, mechanics, ocom merce, and manufactures. The Dutch Government has seen in this request an opportunity for extend ing its relations with the empire of Japan, and at the same time for promoting general interests. A steamer of 20 guns wilt be sent to Desima in the course of Janu ary. The Dutch commerce with Japan has been hitherto in the hands of the monopolists. The government has thought it necessary to do away with this system, and s t a e n k t e n t h n l e d t e r r ade i s of this t itsmonopoly own handsan indemnity paying to e the 3 11e 0 0 7 0 %. florins (2f, 12c. each)." THE LATE ARCHBISHOP OF PARIS. The body of the Archbishop of Paris lay in state on Wednesday, from one o'clock, in a chapelle ardente erected in the grand drawing-room of the ground floor of the archiepiscopal palace in the Rue de Grenelle St. Germain. The principal entrance to the palace was entirely hung with black, and in the midst of the hangings are placed the armorial bearings of the family of the archbishop. The cha pelle ardente is reached after passing through seve ral rooms, hung with black, and scarcely having any light admitted. In the chapelle, the body of the deceased, clothed in his pontifical robes, is placed on a satin bed. The features have not been changed by death. They retain all their usual expression of mildness to such a degree that a per son would be almost tempted to believe that the deceased was asleep rather than dead. The hands are crossed over the breast and touch the cross sus pended from his neck. On one of the fingers of the right hand is his pastoral ring. The bed on which the body lies is covered above by a canopy formed of black and white drapery, and surmounted by the arms of the archbishop. The canopy is surmounted by high wax tapers, and by candelabra full of smaller ones. Twelve priests, placed on either side of the body, recite aloud the prayers for the dead. Some other priests and religieuses also pray in other places. A numerous crowd as sembled in the forenoon in the Rue de Grenelle, and being at last admitted passed through the chapelle ardente with every mark of respect and , regret. The whole scene was full of song and gran deur. The body is to lie in state for several days, the public being admitted for the future at eleven o'clock- Verger, the assassin, is the son of a tailor at Neuilly He owes his education to protectors who took a'i interest in him, from the disposition to learn hich, h e showed while he was pupil at the commu nal set,ool at Neuilly. Among those protectors was Mine- de Rochefort, better known by the name of Siste7e Ste. Melanie. As he at the same time showed Brea', ; religious fervour his education was con tine ,ed so as to enable him to enter holy orders, ane, he thus became a priest. Verger was of a very vit ,lent temper, and wherever he lived he quarrelled vr:rth those around him. Several times, in the com ix tunes where he officiated, his parishioners rose a gainst him. In addition to ideas against the dogma , of the Immaculate Conception, he advocated the marriage of priests, and a number of writings on both these questions have been seized at his resi dence. It is positively stated that he published a few months since a pamphlet against Mgr. Sibour and the Metropolitan Chapter, which was seized. He then applied to the Chamber of Appeals of the Correctional Police on the subject, which again condemned the work. It appears that on leaving the court on that occasion Verger exclaimed, "Gaye a l'Archeveque !" This fact, if correct, would tend to prove that the assassin had given way to ranco rous feelings of revenge, in committing the crime which has so painfully excited the inhabitants of Paris, Country Markets. DERBY SMITHFIELD. —JAN. 6. There was a short supply of fat beasts to-day, which sold readily. Sheep was also scarce, realising high prices. The supply of fat pigs was about the average. Fat calves were few. The following were the quotations t—Beef, 6d to 61d; mutton, 7(1 to 7 ; lamb, —d to Od ; veal, 7d tc 8 1 per lb. ; pigs, 10s 6(1 to lle Od per score ; rough fat, 5s 6a to Os per 141 b. ; hides, 4/d to 6 d per lb ; calf-skins, 4id to 6} pgr lb. EDINBURGH GRAIN.—JAN. 7. A fair supply of grain in the market to-day, A good demand for all kinds, and prices a shade better. Wheat, on the top, 3s down, and on the avera ge O a 5d up. Barley, is &l up on the top, and lld up on the average. Oats on the top is Od up—on the average bd 9dup. Beans on the top 4 s 6d up, an d on the average up. AVERAGES PER IMPERIAL QUARTER. Wheat £2 2 9 9-12th. Do. new -12th. Barley Oats 1 3 4 11-12ths. Thans -12ths. BOSTON-JAN. 7. We had a good attendance at market to-day, and a fair supply of all kinds of grain. The wheat trade ruled firm, at last week's prices; but all attempts on the part of ths growers to obtain an advance were effectually resisted by the dealers. Spring corn unchanged. Prices :—Wheat, red, 4.9 s Od to 61s Od; now, —s to -s ; white, 603 0(1 to 63s Od, extra, 665. Barley, 38e Od to 45s Od. Oats 18s to 265. Peas, 36 to 40s Od Beans, 376 Od to 46s Od per qr. NEWARK -JAL 7. At our corn exchange to-day we had a good supply of grain of all descriptions, and a fall attendance of farmers. Wheat and barley met a ready sale at late prices. The same may be said of other articles. Wheat, white 648 to 6813, red 60s to 635; barley, malting 46s to 50s, grinding 408 to 425; oats, 24st. 31s to 378, 224, 2Ss to 303; beans, 52s to 54s ; malt, 75s to 80s ; peas, 361 to 40s ; tares, 503 to Ms per qr. LOUTH-JAN. 7. Tho corn market was firm to-day, and the last week's prices for all descriptions were fully maintained, and in some instances is advance in wheat. Oats and barley rather dearer. Wheat, red 51s to 583, extra 60s; barley 44. s t• 475; eats, 24s to 265; beans 42s t• 453 per qr. LOCAL SHARE MARKET.% LIVERPOOL, JAN. 8. STOOK EXOHANGE.—The market continues dull, and closed easily. Lancashire and Yorkshire, 97I—Grand Trunk of Canada, 134—Caledonian, 31i—Cheater and Holyhead, 19 —London and North Western, 106$ Midland, 82f —North Western, 7i—Dutch Rhenish, 4 p• Eastern Counties, El. 16s. 3d. South Eastern, 22i -- ' —Manchester, Sheffield, and Lincoln, 34$ Great Western of Canada, 24i—do. New, 2i p.—North Union •, 237. MANCHESTER, JAN. 8. II STOOK EXCHANGE.—There was a fair amount of buei• nese, but the market did not close so strong as it bad opened. Great Northern A, 9i—Sheffields, 34 1--Doverst 22 9-16—Midland, 83—Blackburns, Bi—Grand Trunk of Canada, 13i—Sheffield. 61. Pref . , 11-16 p—Preston and Wyre, 41k—East Lancashire, 23B—Shropshire Union, 3 1 North Western, 71—Leeds, 974—Londons, 106 j. BIRMINGHAM, J. 8. 6TOOE EXOHANGE.—The market was steady to-day, and prices were fir.n. London and North Westerns were don. at 107—Eighths, 1.3. 9d. dis.—North Staffords, Chester and Holyhead', 38. LEELiS, JAN. 8. STOCK EXCHANGE.—South-Eastern and Dover, 22i - "" Midlands, 83$—North-Western, 71. 16a. Ed. SEABORNE MAILS. [When the date for making up a mail falls on a Sunday, the 1:01 0 remains open until the day following; except in the case of the Indi ra mail, via Southampton, which, on such occasions, is made up ti" evening previous. Made up at the W hence des- Post Office. patched. By what Vessel. When expecte By 10 11 :Vessel' ....R./ 'Madill Ripon Ri itornii 4 Lith Englo l4 Lis. Spain Gibraltar Gibraltar 1 Malta •• I Egypt Ceylon • • India Mauritius (via Ceylon) China I'enang Singapore Aastralia(via the Cape). Cape of Good Hope •• Mauritius E Ceylon India Lisbon Madeira CapeeeVerds Brazil ItuenosAyres Falkland Is ',ands West Indies (except Ha vana and Honduras). Venezuela .. v Grey Town.. New Granada Chili Peru .• California Ls 710 Honduras •. Nassau .... IJan. 17 Ls Mexico .... Hayana •.,. IFeb. 2 .. . . Olt' Madeira .. .. T eneriffe .. W.C.ofAfrica British North America .. United States United States British North America .. United States British North America .. 'an. 23 .. Gambia Feb 6 I Every Fri. Persia Ilan, 12 fan. 6 and alternate Tuesdays. Liver pool Atlantic] Jan. lf, Is alt i° rult°o [Jan. 14 South ampton Liver pool Arage.. Jan 23.1 Canada .... Jan. 27 ..1 Anglo- Saxon Jan. 7 Anglo: sgao:, M—Morning. E—Evening. (ADVERTISEMENT.) SIGHT PO HEARING SpierAc o l PowERFUL TELE/5011PM, OPERA, RACE, AND PimpEcl l ' GLessss.—Messrs. S . an d B. Solomons, opticians, 39, Albs' marle-street, Piccadill y . Ob serve—opposite the York 11°':,(1 By her Maje s t y ' s R oyal Letters Patent for valuable extraordinary improvements in the most powerful brilliant Telescopes, C amp, R acecourse, Opera, and pe r • spective Glasses to know the distances. The se telescor,it possess such extraordinary powers that some three and a: 1 1,1 inches, with an ex t ra eye-piece, show distinctly Jupit 4 _,, o moons, Saturn's ring, and the double s t ars. W ith the 07, telescope can be seen a person's countenan ce th ree miles s n half distant, and an object from 16 to 20 miles. They so e os larger and all sizes, with increasing powers accordingly.- 4, Royal Exhibition, 1851. Valuabl e , new l y -i nvente d, very oun, powerful waistcoat-pocket glass, th e s i ze o f a walnut, by Witt a person can be seen and known 1i miles distant ; they Ansi; every purpose on the race-course, and at the opera hello e s ' country scenery, and ships are clearly seen at 8 to 10 ol e t ; They are invaluable for shooting, deer-stalking, yachting., sportsmen, gentlemen, gamekeepers, and tourists. Op e l :ace-course, camp, and perspective glasses, with woude fi t ', power. Newly-constructed Spectacle Lenses of the 8 1 : 6 : 6 1 eat transparent power. The valuable advantage deri,'"io from this invention is, that vision becoming impairoo ;# preserved and strengthened, and very aged persons %. enabled to employ ►their sight at the most minute occ,„ patlon—can see with these lenses of a much less magn i "o iug power—and they do not require the frequent chaos. , to the dan gerous effects of further powerful msistaillc(l. Persons can be suit e d at the most remote part of the Ivo!' by sending one of the glasses out of their spectacles 1/1 0 1 letter, and st a ti ng the distance from the eyes they can r ° 4o small newspap er print with it; and those who, not made use of spectacles by stating their age. 1 : )° '. ness. N ew Discovery. The Organic Vibrator, an d , r ot traor c iiinary powerful, small, newly-i nven t e d i ns t rume nt deafness, entirely different from all others, to surpass lif - thing of the kind that has been, or probably over can 1 1'. produced. Being of th e same co l our as th e s ki n , i s not Ptil ceptible ; it enables deaf persons to hear distinctly at chef', and at public assemblies ; the unpleasant sensation of eingl; s noises in the ears i s en ti re ly removed ; and it affords all sssistance that possibly could be clasired.-39, Albetnero street, Pic ca dilly. ob.„,oppoeite the York Hotel. BIRTHS; OF ♦ SOL On the 7th inst., at Springfield. House, Weybridg e ' surrey, Mrs. Eiger Stephenson. On the sth inst., at Fulham, Mrs. Edward Inman. OP A DAUGHTER. On the Bth inst., at Canonbury-park, Islington, g ry Alfred Lamb. On the 4th inst., the wife of Thomas J. Hooper, soo . tor, Biggleswade, Beds. MARRIED. On the Bth inst., at St. James's Catholic Church, !O r chester-square, William, only son of William Sills, E S V, of Hinckley, Leicest ers hi re , to Ellen Adel e , second clang,. ter of Commissary -General Sir Randolph I s h am Rou t'' K.C.8., Sz,c., of 19, Dorset-square. on the 7th inst., at St. Michael' s , Stockwell AdriA,l3' youngest eon of th e late G. Daint re y, E sq., of Petwort° Sussex, to Ellen Maria, eldest daughter of Geo. Ayliv illt Esq., of Loughborough-road, Brixton. DIED. On the 7th inst., at Summorlands, Exeter, Georq Granville K e k ew i c h, Esq., Judge of the C oun ty C ou rts ° Cornwall, a ge d 55. On the Bth inst., at 5, Whitehead's-grove, Chelsea, I V Struthers, Esq., aged 87. On the 7th inst., at Bedwelty House, Tredegar Ir on Works, S.W., James Bramwell, Esq., late of Royal 1 0 ' . change-buildings, London, aged 35. On the 6th inst., at Plas noel, Carmarthenshire, 1,15.P r ' General Thomas Samuel Trafford. On the 7th inst., Mr. Wm. Hailes, of Marton, SurreP late of Newgate-market, aged 84. On the 7th i nst., at the house of John Aird, Esq., rof Lee, Win. Mour n , E sq., of Elgin, Scotland, many Yes' engineer to th e Ph cen i x Gas Company, in London, ag ed 6g. LONDON : Printed and Publitthod by MURDO Y 01 350. of No. 112, Strand, Printer, at The Sun Office, -11,°, , 112, Str a nd, i n th e Precinet of th e S avoy, in the cod " of Middlesex, Friday, January 9, 107. 7th,l7th, &I 27tii of the month. 4th & 20th of the month. 4th of 1 the month. ban. 12 ..} Feb. 5.... IJan. 9.... 2d and 17th of the month. South ampton South ampton South ampton South ampton Dart mouth South ampton South ampton Routh ampton South ampton Ply mouth Liver. pool Alham bra Pera Co'um bian Tamar Orinoco' Jan. 14 4th and 20th of the month. Ilan. 4.. ifan. 31 Jan. 25 Jan. 12 let and 16th of the month. 16th of the month. Feb. 1 E thid . lco , " E E