The Sun. — London, England, 1847-12-11 00:00:00

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'•'''."' • -- c . _„1. ~ .- ; „•„iiiii iilt . 0 „.„• , . ,„, -•:4,,,, , -, . . 1 ,.,. . . ....t , . 0 , tly 1 - • ---.---. ,- - : ..,,,,. -...•-•,:,, , . - 4 *Z4.:,:r-" • k j • , ‘,> ' 0 ,011iktif ''.. ...,'--- - - '.. 7 •'•- - c 1i4, 1 0:,tt,--: , ,, , ,...... ,4,r.a...-0 - c , .2 -,.. :• - . --- - .....', ,• ~..,• rz - ' '. ,' • 6- ' -- l 7 4": - _ - ' X*.• v.. • iN - ,...-._ tle - , L. .'..,..-• le -s• ,-- - . _.: - ... + .c. ' Q ALE of OLD STORES at PLYMOUTH. Admiralty, Somerset-place, December 9, 1n47. The Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, do hereby give notice, that on WEDNESDAY, the sth January next, at Eleven o'clock in the Forenoon, the Captain Saperintendent will pot up to Sat. , in the Royal William Victualling-yard at Plymouth, several Lola of OLD STORES, consisting of Previsions, Biscuit-bags, Staves, Heading -casks, Slop Clothing, &c., &c., &c., all lying in the said Yard. Persons wishing to view the Lots must apply to the Superintendent for Netei of Atithission for that porous.. Catalogues and Conditions of Salo may be had here and at the Yard. ~~. OFFICE OF ORDNANCE. December 3, 1847. The Principal Ofticers of her Majesty's Ordnance do hereby give notice, that they will SELL, by PUBLIC AUCTION, at the Tower, OD FRIDAY, the 17th ins' ant, at Eleven o'clock in the Forenoon pre cisely, sundry Lots of OLD STORES, consisting of Great Coats, Cranes, Fire-engines, llose-pipe. Tools, Grates, Steel, Iron, Fire-wood, Musket -stocks, and various other articles, the whole of which may viewed at the Tower, tour days previous to the Sale (Sunday ex cepted), from Ten to Four o'clock, upon application to the'Principal Storekeeper's °lnce at that place, where Catalogues of the Lots, and Conditions of the Sa e will be delivered to those persons who ma,y_ap ply for the same. By Order of the Board, K. BTILAIL, leeretary. UNITED KINGDOM LIFE ASSURANCE COMPANY. 8 , WATERLOO-PLACE, PALL-MALL, London ; 97, George street, Edinburgh ; 12, St. Vincent-place, Glasgow; 4, Collage Green Dublin. (Established by Act of Parliament in 1534.) In 1841 the Company added a bonus of 2 per cent, per annum en the sum assured to all Policies of the Paqicipating Class from the time they were effected. Parties wishing to secure the benefit of the next division of profits In 1846, should make immediate appll- Littion. When the insurance is for life, only oae-half the annual premium need be paid for the first fiYO years. Every information will be afforded on application to the Resident Director, Ne. 8, Waterlooplace, Pall-mall, London, where prospec tuses, &c., may be had. ECONOMIC LIFE ASSURANCE SOCIETY, 6, IfEW B/LIDGE-STREET, BLACKFRIARS, LONDON. Established 1823. Empowered by Act of Parliament, 3 William IV. DIRECTORS. CHAIRMAN—Right Hon. Sir T. FRANKLAND LEWIS, Bart., M.Y. DRPUTY CHAIRMAN—HENRY FREDERICK STEPHENSON, Esq. The following are among the advantages offered by this society : Lower Rates of Premium than those of any other office, which en title the aasured to participate in the profits, and considerably lower than those of any other Mutual Assurance Society!. A Bonus is added, after the payment of the Fifth Annual Pre tritium, to every Policy effected on the participating Seale, if a claim accrue thereon prior to the next division of profits. Three Bonuses have been declared out of three-fourths of the pro fits, the last of which, in 1844, averaged 36/. per cent. on the pre miums paid. In future the whole of the profits will be divided amon g th e Assured. The next division of profits will be made in 1&49. • Prospectuses and full particiktrs may be obtained on application to CAMPBELL JAMES DOWNER, Secretary. NATIONAL MERCANTILE LIFE ASSURANCE SOCIETY, POULTRY, MANSION-lIOUSE, LONDON, December 9, 1897. Notice is hereby given, that the ANNUAL GENERAL MEET ING of PROPRIETORS will be held at the Office of the Society, Poultry, Maitsion-hease, London, on Metsnav, the 27th day of De cember instant, at Twelve o'clock precisely. Every Proprietor intending to become a Candidate for the office of Director or Auditor. must signify the same by writing •under hts hand to be left at this Offiee five days at least previously to such • General Meetln• Notice is also hereby given, that a DIVIDEND of FIVE per CENT. per Annum for tli year on•ling 71st December last, on the Proprietors' Stock, will be paid on application at this Office, between the hours of Eleven and Three o'clock, on and after the 10th of January next. By order of the Directors, J. JONES, Actuary. NATIONAL MERCANTILE LIFE ASSURANCE SOCIETY, POULTRY, MANSION-HOUSB, LONDOff. Empowered by Special Act of Parliament. DIEVISOM. ROBERT WILCOXON, Esq., Chairman. Edward Baker, Esq. (Gale, Baker, Warde, and Ce.) . George Careham, M.D., Saville-row. William Lawson, Esq. (Trower, Larson, and Trower). George Moore, Esq. (Groucoek, Copestate, and Moore). William Nicholson, Esq. (J. and W. Nicholson and Co.) James Peek, Esq. (Peek, Brothers, and Co.) Giles Redntayne, Esq., New Bond-street. Peter Rolt, Esq. (Brock'thank and Rolt). David Waddington, Esq., M.P. Among ether advantages offered by this Society, are : Security witksut liability. Economy in the managemeat, and low rates of premium. 9alists promptly paid. rrellts to policy holders. Roans declared July 1, 1846. iR• Ni l C:ii ge l 11 , t .)., „,..• , 4 .iu :g° , ': i -. i 5 .. IP 7 ,%:: " a n p= • ft V 4 •in p. • tir F '4'l 4 ---....._ ,- £ £. s. d. L. a. 41. A 1 1838 7 60 1,000 62 15 0 24 15 i 243 ! 40 1436 7 44 1,000 39 15 0 14 7 3 244 ; 36 1130 6 69 1,000 60 0020 1 10 224 33 6 43 2,000 68 0 0 21 I 7 474 31 1440 i 44 1,000 35 0 0 9 6 0 202 1 27 1 041 4 49 2,000 82 111 0 . 18 10 0 341 1 23 16 21. . 1 3• Parties sending in proposals for Assurance before January I, 80 : 48 Will be entitled to participate in Use profits to be declared in J. JONES, Actuary and Secretary. NATIONAL LOAN FUND LIFE ASSURANCE SOCIETY. 26, CORNIIILL, LONDON. T his Ins Capital X 500,000. Empowered by Ict of Parliament. wi titatioa embraces important and substantial advantages tit respect to life assurances and deferred annuities. Tke assured ham. ° n all occasions, the power to borrow, without expense or for 'ore of the policy, two-thirds of the premiums paid (see Table); 'ao the option of selecting benefits, and the conversion of his in- Welts to meet other conyeniencies or eccessity. AtilirAnces for terms of years on the lowest possible rates. DIVISION OF PROFITS. ...The increasing' prosperity of the Society has enabled the Directors ` the annual meetin g h e ld on th e 12th May, 1847, to declare a fin ,! " ' us, varying from 35 to 85 per cent. on the premiums paid on each P o licy effected on the profit scale. .... .I:XAMI•LES. .1' . Perms- Sum the , 1 Annual Polley Bonus lit sent Re- Assured Age. g g Pre- taken addltio a I Bonus in ductlon of may bor.- = —.....- 71 .1 minia. out In Assured. I Cash. Annual row en I Premiums. Polley. —...— I X s. 11. ' £ a d. X s. d. X s. d. r 1837 243 9 3 112 8 5 It 4 6 494 8 18 A 1138 218 4 8 99 8 10 15 13 5 445 0 0 -f I L '• "• 6O 1000 74 3 4 1839 192 110 86 9 313 4 9 395 11 1 1840 143 5 10 . 66 8 4 919 1 346 2 3 1841 138 14 2 61 17 6 9 9 2 296 la 4 1 I 1842 111 6 8 49 10 0 7 10 4 247 4 5 The Aanual Report, with tables of rates, &c., may be lad at th• "nee, or any of Its branches in the coantry ; or, on application, will hs forwarded post free. F. FERGUSON CAMROUX, Secretary. CIGARS FOR CHRISTMAS.—A large quan. tity of the choicest qualities, consisting of Penelas, Realias, W r onsados, Omuta's, &c. A box containing 100 Cigars g (as packed th e navana), 225. ; a box containing 200, 455. Post-otnce Orders t o MDlied with. On hand, alarge quantity of prime Cigars, adapted ji i ; h unting, shootlag , &c. The above boxes are /roll adapted for listnias Presents. ~,_EORGE Doors from in Havana Cigars only, 41, St. James's 'reet, Two Doors from Piccadilly. ox I l itintrided by 26 Anatomical Coloured Engravings on Steel. 'IIYSICAL DISQUALICATIONS, GENERATIVE lECAI A /T CirelAN page O ARRIAGEe 2s. 6d., or 1 •P Editionr enlarge D P d to 196 . Just T publi M shed, pric b 7 poet, direct from the EstabiLsliment, 35. 6d. in postage stamps, THE SILENT , FRIEND a Medical Work on etss. the infirmities ankcivay of the generative system, freia ex 6sittije indulgence, infeCtidn, and the inordinate use ef mercury, qn .„ rernarks on Marriagii, `and the means of obviating certain dis- I:Vic:Mons. Illustrated by 26 Coloured Engravings. By It. and r•ei li , ll ßT and CO., 19, Berners - stroct , Oxford-street, Louden. th a sued by the Authors : sold by Strange, 21,.Paternester-rew Itr ee n i ",: 6 3, and Sanger 150, Oxford-street ; Stane, 23, 1 itehborne pi,.`' itaYniarket ; and Gordon, 146, Leadenhall-street. P ST I. treats of the anatomy and physiology of the re-productive 7 4 , tnit is illustrated by Six Coloured Engravings. ge„, 44 l' 11 , treats of the consequences resulting front excessive indal suld'Li and their lamentable effects on the system, producing mental It I s 7 il Y weakness, nervous excitement, and generative incapacity. illus trated by Three Explanatory Engravings. th e Aj tT 111. Treats of the diseases resulting from infection, either la th e ' mart' or secondary form, and contains explicit directions for of • tresp,...,_ isyla,. - i.usit: , The consequences of early neglect and of the abuse "enc 3% are also, clearly pointed out. This section is illustrated 1 , sCettteett Cetoured Engravings. IshithlT 1V.414111ii of Perry's Preventative Lotion, by the use of 214;% t he glatigais of infection are obviated. It combines with the I,„.caeth,_ ically, and destroys its power on the system. dutr.'T•T• Is devoted to the consideration of marriage, and its th e '''. The mimes of unproductive union, are also considered, and ,'Whole subject critically and philosophically inquired into. 1,. 'minim. EALM oe STRIACUM is exclusively employed in treat boltil: vows and sexual debility, impotence, Sec., Ils .and 335. per ,;; ' The Concentrated Detersive Essence, an anti-syphilitic to n , 'Y ., for Purifying the blood in cases of infection , oecondary aymp /err ' l " .l Ptioaa, and the abuse of mercury, I Is. and 3:1,... per bottle. e tn p' Purifying Specific Pills, 2s. ‘fd., 4A. 6d., And l is, per lanx, a tio n N: remedy in zoaorrlfira , a - lett, ,ti icturea, and chronic intl.+ in n nt it,...,4 the bladder. PeirY's. Pro , entatlva Lotion, an application to bVie the danger of infection, 335. a bottle. Consultation fee, it ( 4' l U; 11. 41. Packets with advice toll. had at the Establishment ~. 'Y + bY which the fee, I. ,is saved. Attendance daily at 19, Ber ns - street, from Eleven tin Two, aid Five to Eight; on Sundays ir " l Eleven to One. LA'IIERT ON TEE {EGRET iffrtßiliTEEß OF TOUTit AND MATURITY.--10•ITII 40 COLOURED ENGRAVINGS STEEL. Just published, and may be had in French or English, in a Sealed Envelope, 2s. 6d„ or post-free, from the author, for forty-two Stamps, S ELF- PRESERVATION ; a Medical Treatise On the Physiology it Marriage, Infelicitoas and Unproductive Unions, cud the Secret Infirmities and Disorders of Youth and Ma turity, visually acquired at an early period of life, which enervate the elin physical and mental p owers , di m i n i sh and enfeeble the natural I,:gs, andiens exhaust the vital energies of Manhood ; with Practical hservat on the Treatment of Nervous Debility and Indigestion, ;r_vhether arising from these causes, close study, or the influence et 4s)Oical climates: Local and Constitutional Weakness, Syphilis, er ' e r ieture, and all Diseases and Derangements resulting trim Indis -4,11,°n• With Forty coloured Engravings, illustrating the i,:,`"rlY, Physiology, and Diseases of the Reproductive Organs, ini,, al ning teir strUctures, uses, ad functons, and the vaous i iife T t T t l 3 l that are produced in them by n solitary habits, excesses, ri and 9 -L.b BY SAMUEL LI'MERT, M.D., RDFORD-STREET. BEDFORD-SQUIRE, LONDON. 4 ts r et Medicine, Matriculated Member of the University *1 Etlin trtth, Lice nt i ate of Apothecaries ' Hall, London, Honorary Member e London Hospital Medical Society, &c. t hat T it ft gs requires; the fulfilment of several conditions. in order tell;,..,rueY be really the cause of mutnal happiness. Could the and . t 'uich covers the origin of domestic wretchedness, be raised, i be i ts true s ource in every instance disclosed, in bow many could Petut hi r : te s 4 ,_ te physical disqualifications and their attendant disap bsed f„ s4 " - s• Excesses are always injurious ; the gift, which when atm"' Moderation is fraught with tutvantage, becomes, nlen t o th e ' t he Prolific source of mischief, and of greater or leesl njury the sazuestitutional and vital powers. The particular excesses, on arc pr and consequence of which this Treatise professes to dilate, •" of greater severity of misery to the barman frame, I.7l!tuY other to which it is subject. 4 4 , 4 work emitting an accurate and complete account of the thei r ° ”sY and Physielogy of the Reproductive Organs, and of 441 tdre r e elative eenditions in health awl disease. It deservedly be at the closest attention and study, for what subject can 441 ni ' re iruPortance than the preservation of the health, °t ,, t he physical capabilities if which every man should tietitd Ste xcessive indulgence and vicious habits, whether acquired •rot le or from the follies of advanced age, while su ff ering u._kltV. invariable consequences, unwisely entertains a fear of ap eriti;• 1,_. u41111 .4 physician for relief. Shame and the dread se L. 7%4 tak 'rut erroneously entertained that these complaints are ttf art, alike restrict him and preyeat his seeking 4et a that re> vrae r , alone it can be procured. In aeting thus, he ...curate discmination in ascertaining the causes of • eh • - """PathY with the n sufferer, and, above all, secrecy, in ca -91 Serise the intelligent and practical physician, and to the 911141„,nu who ean show by hia posse-sion of the requisite legal "“mlls that he is entitled to esteem and respect in his profes t/„4,iliePqrsuits, th e Ut most confidence should be extended. Dr. e4 UP a n Obtained the highest medical henonrs, as his dipl o m as d th e fb great extent of his practice for many years is a avtit lY to th r n u , Professional experience, which has rettrence almost ittublis treatment of these diseases. _Pate,nedostel,Y...the Author, and may be had of Kent and Richards, nab row; Hannay, 63, Oxford-street; Starts, Tichborne i.ede4h.,:, inarket ; Mansell 115, Fleet-street ; Gordon, 146, 'jou / .4: 4 . street, Lendon ; or, free by post for forty-two stamps, e Aather who e - ,:r lett er may be consulted on these disorders personally with, ailY. from Ten till Two, and from Five ti ll Eight at his 7300nd-street Bedfcat-seuaro London. G No. 17 3 . •)28 ] LONDON sATuRDAY , E N N C.: 12 •:917.4•VM,..9.11,10. • R OYAL HOTEL, GRAINGER-STREET, - •NEWC A STLE-ON-TYNE. CHARLES STATES solicits the Patronage of his BROTHER TRAVELLERS to the above Establishment, which has recently been newly furnished and laid out expressly for a Commercial Hotel. The COMMERCIAL ROOM, one of the largest and most elegantly fitted in the NORTH, It is hoped will be fouud complete in every respect. The BED•ROOMS (Sixty in number) have been furnished in a style which must ensure the approbation of all visitors. Gentlemen travelling with STOCK can at all times have SHOW. ROOMS without any extra charge. The Music Hall, LectUre Room, and Royal Hotel Assembly Room are all attached, and under the same management. - The Royal hotel is in the most central situation In Newcastle. STOVES. . . :WALKER'S PATENT PI - RENIX STOVES, for Churches, Halls, Shops. &c. The most powerful, safe, economical, and convenient Stoves made. Prices from 21. 2s. to 161. 16s. each. _Small Stoves, 185. each. Requiring no Chimneys. 302, OXFORD-S rREET, LONDON, and 0, OXFORD-STREET, 1111:31INGIIAlf ; and of all the Ironmongers In the Kingdom. .. .. . ... JOYCE'S PATENT FUEL. q l l-1E - REGISTERED SYRIAN PALETOT is prepared in every colour, for F election, at liners. SWAN and CO.'S, Court Tailors, 379, Oxford -street. Price 21. . I.A, OYAL POLYTECHNIC INSTITUTION. LECTURES 'on AGRICULTURAL CHEMISTRY, by F. H. Ho'nnes, Esq., Daily at Half-past Three, and every Evening at Nine o : c i Qc k, except -Saturday Evening. TWO LECTURES by Dr. 11ACHHOFFNER—one on the Laws of Nature, in reference to the important subject of SANITARY MEASURES; the other oh the tarlinis modes of VENTIL , ATION, in which the PHYSI CAL PROPERTIES of a JET , TEAM will be exhibited, with Novel and highly Interesting Experiments, Daily at Two and at Eight. o'clock in the Evening.. The ELECTRIC TELEGRAPHS worked. The WORKING MODEIA explained. DISSOLVING VIEWS. The CHROMATROPE. DIVING BELL and DIVER, with HYDE'S NEW APPARATUS for CONVERSING under WATER,' &c. kc. LAW INTELLIGENCE. COURT OF COMMON PLEA S % Dec. 10. (Sittings . at Nisi Prius before the LORD CHIEF-JUSTICE and Common Juries.) • • RUSSELL V. In this case Mr. Sergeant Talfeurd and Mr. Lock appeared. for the plaintiff, and Mr. Lush and Mr. Fitz patrick for the defendant. This was an action brought under the statute the 3d William IV., chap. 15, for the infringement of the plain tiff's copyright in a musical composition. The declara tion stated that the plaintiff had the solo liberty of re presenting and performing a' certain dramatic piece or musical composition, called " The Ship on Fire," which the defendant had wrongfully " caused to be represented" at the Horns Tavern Assembly Rooms at Kennington. There was another similar count, charging an infringe ment of a certain other musical composition, called " The Gambler's Wife." The defendant pleaded " Not Guilty." Mr. Sergeant TA.LIOURD, in opening the case, said, be had the honour of representing Mr. Henry Russell, who had performed an entertainment composed for the most part by himself, in the metropolis, and in many parts of the United Kingdom. The plaintiff sought to obtain compensation in damages for a piracy on his musical compositions for the purpose of repressing such piracy. On two occasions the plaintiff had visited America, and had obtained there not only much popularity, but had de rived thence a portion of the materials with which his entertainment was interspersed. The plaintiff's enter tainment consisted of a series of songs and anecdotes of negro life. Mr. Russell had composed the music of one of these songs, bearing the name of " The Ship on Fire," in which the various incidents of such a calamity were set to appropriate music, and represented by the gesture and actiun of the person singing it. He had sub- sequently composed another musical piece called " The Gambler's Wife," and beyond cdntrovetsy• he lid.the sole right of representing this composition. Some time ago the plaintiff found that a gentleman named Smith was tracking his steps, and taking upon himself to re present considerable portions of his entertainment, tak ing the title, th 4 music, and the words of his consposi tions and adopting th em as hi s own. M r. Sm i th pre sented himself as Mr. Henry Smith from America, and became a competitor of the plaintiff in representing his own compositions. • Mr. 'Russell thereupon deter mined to assert his right to those compositions, for which he had obtained considerable fame and profit ; and also to prevent the loss of character of which he ran some risk, in having his songs plagiarized by an inferior performer.. The action was brought against Mr. Briant, of the Horns Tavern, Kennington, for haying caused this representation to take place at his house. In February last a programme of Mr. Smith's perform ances at the Horns Tavern Assembly -ro oms Kenning. ton, was issued by Mr. S m i t h , announcing that the two songs of the plaintiff would be performed by him. The Assembly-rooms were capable of accommodating from 1,000 to 3,000 persons, and had a raised moveable stage adapted to performances of a dramatic character. The defendant on the evenings of the performance sold some of the tickets, and took part of the money. It a person so finding accommodation for a performer, and so acting, was not to be considered as a person who "caus e d or procured such representations , ' the Act of Parliament might be entirely evaded, as the person put forward to represent a performance might be a man of straw, paid night by night for acting. Before the statute of the 3d of William IV., chap. 15, a wrong of this kind was wi;hout remedy, because, although a copyright existed in books, it was very doubtful whether it existed in musical or dramatic works. The sth and 6th Victoria, chap. 45, extended the period of copyright in dramatic works to be the same as the copyright in buoks. The two songs mentioned in the declaration were dramatic in cha racter, and clearly within the protectiou of the statute. The plaintiff sought to recover a penalty of 40s. for each infringement of his.right. The L ea rn e d C ounse l t h en said h should proceed to prove his case by calling his witnesses. The copyright of both songs was admitted. William Last was called to prove that Mr. Russell publicly performed both pieces of music The perform ance was of a descriptive character. There was a reci tative of some length before the " The Gambler's Wife." The music described the striking of the hours past mid night whilst his wife was sitting up for him.—(The wit ness here imitated the gesture used in the performance, amidst a geed deal of laughter.) The Learned Junoe—ls that dramatis: On cross-examination the witness sail " The Battle of Prague' was not a dramatic piece, it had got no words to The Learned JUDGE—There is firing and clashing of sword:, and wounding. The witness's examination 'resumed—ro The 'kr menioui Blacksmith" was not a dramatise performance. In witne,,s's opinion a dramatic piece consisted in the word, end the music being taken together. llis LonDsw—Thee every song is a dramatic piece? Witnes--" The Sea" was not a dramatic piece, it no deseriptive :natter about it; that was how he distin .guisbed it. Mr. West, composer,- gave' similar testimony. Ile had heard Me. Russell and Mr. Smith sing the songs named .in the declaration. The music and words were the ~ atnl e. A Witness named King proved that ho knew Mr. Briant's roomi, and that he had seen various perform ances there, the same as at some of the theatres. He had scent and heard the Ethiopian Serenaders and the Bosjestnan Indians there. Air. Fox Cooper, manager of the Strand Theatre, had tried to t81(e the liorns.liooms for theatrical perform ances. ll,tid keen the Bay adores perform there. Cross-examined—What makes a piece dramatic? Witnesf —The passion, gesture.' and working up of the soul of the performer to represent to the audience the composition. The clerk to the plaintiff's' attorney proved having sent a caution to Mr. Briant not to permit the perform. ance of Mr. Russell's songs. . Cross-examined—There was another action against Mr. Smith for this performance. This was the plaintiff's case. Mr. Lusir, on the part of the defendant, objected, first. that a musical composition was not within the Act. Se condly, that this case was not within the statute, because only the music was the plaintiff's and not the words. And, thirdly, that the Horns Tavel n was not a place for dramatic entertainment within the meaning of the Act. LORDSHIP took a note of these objections, and Mr. LUSH then addressed the jury for the defendant. He contended that the defendant had nothing to do with the performance, but had an expensive room which he was glad to let, and which he let to Mr. Smith on his application. The Learned Counsel then 'read several letters, setting forth an application for and agreement to take the defenff.nt's room by Smith. On the receipt of the plaintiff's caution, after this agreement had been entered into, the defendant wrote to Mr. Smith, and re ceived an answer from his attorney threatening him with an action if he did not fulfil his agreement. The LORD CHIEF-JUSTICE said, this was no answer. The defendant had no right to let his room for an un lawful purpose. - Mr. Lust' submitted, that under the circumstances the defendant had no more to do with causing and pro curing the representation of Mr. Russell's. songs by Smith than any of the jury. All that Mr. Briant did was to let his room, and afford such accommodation as under the circumstances he was expected to afford. The Learned Counsel then called smith, the performer. lk sng the s.lngs viit hoot gc:iture or dramatic action. Ile had no bcf . " l ` him. lie did not sing Mr. umic., lie mi9,ht. venture to that he had made the sung of " The Ship on Fire" his own. Cross-exa,rnined—Tlie words were in substance the same, but the music was essentially different. He had not a copy of his own music. fie played from memory. Mr. .N. Briant; the xon of the defendant, proved re ceiving the threat of action if his father did not fulfil his contract with Smith. Mr. Sergeant TALFOUItII, in reply said, it would have been more creditable in the defendant not to have called Mr. Smith, the pirate, who sang what he was pleased to call " his own music." Though he had none of his own, he sat down voluntarily, and his thoughts volun tarily fell into harmonious numbers, and he happened to-hit on the same music and the same words as the plaintiff's songs. Mr. Smith had been making unworthy attempts to avail him Self of the labours of another, and the defendant had aided in those attempts. His LORDSHIP; in summing up, said, the jury must first consider whether the pieces were performed. One witness had stated that the pieces, as performed by the plaintiff and Mr. Smith, were. the same. The witness Smith said of the music of one of the pieces, " lie might venture to say he had made it his own." There was no evidence to show how far Smith's music differed from the plaintiff's, whether the whole or any part of it, or whether ho had made it his own in the words of the adage— "Jack stole his discourse from the famed Dr. Brown, But reading it damnably made it his own." Secondly, they were to be satisfied that the defendant caused and procured the performance within the meaning of the statute. If the defendant had sanctioned by per mitting and finding accommodation for an illegal per formance, he must take the consequences. And, thirdly, was this a dramatic performance? It it were. it was enough to support the action, for the defendant's rooms were then used for the purposes of a dramatic entertain meet. The jury, after a short consideration, found a verdict for the plaintiff on both counts. Damages 40i. on each count. Mr. Luau asked his Lordship to put to them the three questions he had left to them separately. His LORDSHIP did not think it necessary. The jury had drawn their conclusions from them. COURT OF BANKRUPTCY, Dec. 10. (Before Mr. Commissioner EvANs.) TRH DIAMOND TRADE.-IN RE EDWARD TIIIREY. The bankrupt, who was a diamond merchant, in Frith-street, Soho, came up for his certificate. Mr. Cooke opposed on behalf of the assignees, to whom Mr. Teague was the solicitor; Mr. Lawrence supported the bankrupt. The balance-sheet, which extends from February, .846, to the date of the fiat, in April, 1647, contains the following items: —Sundry creditors, 11,2411.; liabilities, 3,126/4 creditors holding securities, 6,5561.; profits, 2,8471. Upon the credit side the debts are estimatd 201.; the property, 1,8001.; there are houses mortgaged to the extent of 1,0481.; losses, 3,1451.; trade expenses, 1,0372 Upon the same side of the balance•slieet there an item—balance, I,lB2l.—explained during the progress of [he case. • Mr. COOKS opened, the case by stating that the bank rapt was originally it seal engraver, and subsequently carried on business as a diamond merchant, in Frith street. In February, 1846, he fell into a state- of ad mitted embarrassment,, and then he made an application to his creditors with.the view of effecting an arrange ment. On that occasion Mr. Blogg, of the firm of Blogg and Martin, -Diamond brokers, was applied to for the purpose of assisting him in inquiring into the state of his affairs, and making an •arrangement with his creditors. The bankrupt then drew up a statement of the position Of his affairs, in which his debts and liabilities were set down at 8,1121, assets,:B;Bso/. ; thus showing him more than solvent to the amoun t of 7381. He proposed to.pey off-.bid full bills of six, twelve, and eighteen months, in equal instalments. All the credi tors consented toS LbiB proposition, with the exception of three, Messrs. Hammel, Posus, and Caste, who re (Tired security for the payment of the last instalment at eighteen months. trim debts of those three gentlemen, in the aggregate, amounted to .3,3G0!., and to meet their reqaest Tibbey promise& to give them a promissory note for 1,2001. from Major Moore, his father-in-law. This note, which was to secure the payment of the last' instalment, was to have been lodged in the hands of Mr. Blogg, but that gentleman (lying soon after, on the con tinent, it was found that the security of Major Moore bad never been deposi'ed with.him, but that the bank rupt had lodged it as security for advances at the London and Westminster Bank, behind the backs of the creditors ; only the first instalment of the' com position was paid, and Mr. Posus hearing that Major Moore's note had not been d'eposited in Mr. Blogg's hands, insisted upon security, add finally got a 6001. bill from Major Moore to . aecure his t own debt. 'Messrs. Casto and Hamnaell htiel, at the time of the arrangem ent held bills of thAankrupts, and it ,was understood` That by giving the seeurity , of goderMoore for the 1,1001., that he' should bpferniabeds - Virh funds by the creditors to retire them frets circulation as they arrived at matu rity. Messrs. Hammen and Casto supplied those'funds and the bankrupts allocated them i n t h ema i mer propose d without a word of dissent; but when all the bills had been returned, the bankrupt said, " You have not pro vided me with funds to withdraw the bills at once, and therefore I will not give up the 1,1001. security of Major Moore." The Learned Counsel then detailed various transactions in which the bankrupt was engaged at the end of 1846 and beginning of 1847, allowing his embar rassment, and the exertions he made, by pawning jewels and other property, in order to procure trona the West minsteritY, and three hills of 5001. ea each , Bank whichth ehl,adlobo been security, e ns lodged ur in the bank, an d which had been - givei teribbey, a man who had been a bankrupt, as -the renewal' of tin old d e bt. H e h a d also to call his Honour's attention to, the removal of the bankrupt's furniture to Major Moore's dwelling —a removal which the bankrupt did not ditelose until after the choice of the assignees. But there were circumstances still more heinous in the bankrupt's conduct. He would first mention thenase of Mr. Ham mel', who was one of the assignees. In August, 1846, the bankrupt applied to Mr. Hammen, to purchase some diamonds for him, and Mr. Hammel' sold him 260/. of diamonds, for which he gave his bill, payable in December. A few days before the bill arrived at ma turity, the plaintiff waited upon Hammel], and staid he could not pay it. Mr. Hammen expressed his surprise, and remarked that he had sold the goOds at cost price. The bankrupt said he had not sold the goods, and showed them to him. Mr. Hammen, upon the receipt of 1001., consented to take two bills for the balance of his debt, whiCh were unpaid. The Learned Counsel at tempted to show that the bankrupt had not accounted for the diamonds sold to him by Mr. Hommell, and that he had, in fact, concealed the property, but failed to establish his charge. The next charge regarded Mr. Price. Mr. Price is a jeweller and diamond merchant in Hatton-garden. rsln August; 1846, Mr. Price called on the bankrupt, who showed to him a large stock of precious stones, such as diamonds, emeralds, rubies, opals, Price sold hi m goo d s t o th e amount of 90l.; and, a day or and turquoises, of g reat value. In October, 1846, M r . two after, precious ston e s of less value; and on th e 6th of December, in th e same y ear , the bankrupt again ca ll er ! o n Mr. Price, and'obtained diamonds '•,to show a Freech man." - Twodays after the bankrupt brought back the goods, and finally bought them at 189/. los., but never paid for theta. After this last transaction a person went into Mr. Price's shop, and offered to him for sale a por tion of the very same diamonds he had sold to the hulk rapt. The next case was that of Mr. Johnson, from whom the bankrupt obtained, in January, 18 t 7, 300 pearls, with other goods, value 871., upon the promise that he was to pay in cash. Subsequently the bankrupt declined paying in cash, but asked Mr. Johnson to take a bill for the amount. Seeing that Mr. Johnson was not inclined to pursue this course, the bankrupt produced a letter, which he said was written to . him by Mr. Clark, the manager of the-Union Bank, -add holding it in his hand, so that Mr. Johnson might see the signature, said' that the letter containedasn assurance from Mr. Clark, that he would.discount the bankrupt l s bills Ito any amount. Mr. Johnson therciikn agreed to take the bankrupt's bill. It turned out, however, that no such letter had been written by Mr. Clairli c who, when asked about the mat ter, said he would not lend Tibbey to the 'extent of a single shilling. Mr. Clark had written to Tibbey, but to quite a contrary effect. The Learned Counsel next called the attention of the Conn to the non-appearance of a diamond necklac e value 1,000/., which the bank rupt had shown to a creditor some months previously to hie. bankruptcy, viz., in. January, 1847, and which was nowhere to be found, and quite unaccounted for. An other instance of thd bankrup t ' s m i scon du c t was hi s having pawned a large- quantity' o f . j ewe ll e ry, &c., and which was, in fact, the property 'of the creditors, for the purpose of d epos i t i ng such an amount of property is the London and from B ank as wou ld ena bl e h i m to withdraw from thence the 1,1001. security of Major Moore, thereby relieving his father-in-law of that re sponsibility. The Learned Counsel concluded by ob• serving on the impropriety of those compositionS, which generally elided in a manner most unsatisfactory to the debtor and to the creditors, and by calling on the Court either to refuse or suspend the certificate altogether. The Learned Counsel then called several witnesses, who established the cases of M essrs . J o h nson an d P r i ce , end that the bankrupt had, by false representations, and whilst in a state of insolvency, induced those gentlemen to give him credit. After an able defence from Mr. LAWRENCE, Hit who had carried on the trade of a diamond gave judement as follows :—ln this case merchantthis iN bankruptiand dealer in precious stones, applied for his hisp u s proposition, o f several certificate. In th e year 1846 he sustained some severe losses, and appli e d to his creditors to give him time for discharging his d e b ts. By his statement at that time he made it eppear . th a t h e- was solvent, and that he would hundred w heh waspounds. to pay,The creditors three instalments, at six, twelve, and e i ghteen mont h s , t h e amotint of their c l a i ms. The creditors did not appear a h g av re e e a d l u o r to have examined,the accounts, and it appears to me the bankrupt was incorrect, both as to the amount of debts due by him, and the assets he had to pay them. I can net avoid expressing m —ropinion that such arrangements are generally disadvantageous bOth to' debtor and creditor. The debtor, after years of struggling, i. generally rJbli a to b ecome a bankrupt, and the creditors, who appear in some 04,4e5 to agree to :Ana arratigernent, in the hope that the debtor would satisfy their claims it full, by incurring now debts, must find upon t h e whole, thee are not gainers by such proceedings— The bankrupt was opposed upon three grounds. First, that he had not delivered up the whole of his property, but concealed a portion of it. This point was pressed at th e last examination, but I was not satisfied with the proofs tendered and I still con tinue of the same opinion. The fact that the bankrupt values his stock at a large s um, and that the as,ignee cannot obtain one-fourth of the amount, affords, no doubt, grounds for suspicion, but not suff i cient; and if such concealment can be proved, the certificate is nugatory. I therefore dismiss that point from ray attention. The second objection was, that whilst in knowingly insolvent circumstances, he incurred debts with Mr. Johnson and Mr. Price. Although creditors who wore parties to the arrangement could not complain of the bankrupt's incur ring debts with them, yet. I consider that the debtor, after such an arrangement, is noht.justified in contracting such debts without disclosing Johnsonasposition. However, to Mr. at the time the debtsand Mr. Price were contracted, the bankru p t , .as i t appears to me, must have known that ho wa s h opelessly insolvent, and in these cases he appears to have told deliberate false hoods, in order , to induce those persons to g i ve hi m cre dit. It was also objected to hinathat he promised three of his creditors to give them additional security, and in order' to enable him to do so, he prevailed upon his father-in-law to give security for 1,100/., and instead of using the security for the purpose specified, he lodged it with his bankers. I lay no stress on the b an k rupt not applying the note to the purposes of his creditors, who ought to have taken care that the security was not only lodged. There is given but properly no evidence that lie committed any fraud U pon his f ather-in-la w , but it the bankrupt was • does appear to me thats guilty of a he when pledged great dereliction of duty, valuable r-in-law to free his fath • goods to his hrothe father-in law from his responsibilitY in the 1, to be a fraloolud. security. Thi s does appear to me to me on the cre di tors, an offence deserving p un's hme nt.Under all t h e cir cumstances of the case I th i nk justice will be adminis tered by adjourning the bankrupt's certificate for twelve months. Protection for one month was granted, on th e appli cation of Mr. Lawrence. IN EN THOMAS. The bankrupt came up to Pao his last examination. blisher and advert isi ng agent, in Cath er i ne - He was a pu street, Strand. The meeting was f ur ther adjourned, as t h e accounts were not in readiness. WESTMINSTER COUNTY COURT, Dec. 10. (Before Mr. D. C. MOYLAN, Judge.) MILLER v. LORD DUDLEY STETART, M.P. This was an action brought by John Miller against the Noble Lord the Member for Marylebone, to recover the sum of 54 for loss of time and services rendered to his Lordship at the recent election. Admission, Is.; Schools, Nall-prim On Saturday, the 18th December, will be published, in One Volume royal post 8 vo., hall bound morocco, W A N D. T H E N. A TALE. By SAMUEL WARREN, Esq., Flt.S. Author of " Ten Thousand n Tear," and " The Diary of a Late Physician." • • William Blackwood and Sons, Edinburgh and London. . Orders received by All Booksellers. Jot published, in One very large Volume, Byo., uniform with Moss s. I,,mgman, smi. Co.'s Series of ".One Volume Encyclopedias," price Si las 6d. cloth, AN ENCYCLORXDIA of CIVIL EN- OiSTEERING, Historical, Theoretical, and Practical. By Unt V.S. A., C.E. Illustrated by above Three Thousand En gravings on Wood. London : . Longman, Brown, Green, and Longmani. Of whom mly he had, price 2/. 12s. 6d., GIVILT'S ENCYCLOP.,EDIA OF ARCHITECTURE. THE ELECTRIC TELEGRAPH COMPANY. London, 345, Strand, September I, 1547. COMMICRCIAL TELEGRAPH. The works of the Lines for commercial communications between the places enumerated below, embracing a system of Telegraphs for commercial purposes only, and distinct from that reserved for the special use of Railways, being so far advanced as to admit of their completion by the commencement of the coming year, the Directors think that the time has now arrived when it becomes their duty to make known the arrangements which they contemplate for the ac commodation of the public. Stations will be opened in central situations in the principal Towns, whenoe Messages and Dispatches will be forwarded to and received from all the other Stations of the Electric Telegraph Company. 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The Subscription to these Rooms will be Two Guineas per annum, paid In advance, which will entitle Subscribers to the right of en trance to all the Subscription Rooms of the Company, including the Cattral Station at London. The foregoing details some of the advantages of the Commercial Telegraph to Subscribers,—but the requirements of the Public in ge neral will be provided for by the Establishment of Offices, which will at all times be open fer the reception or transmission cif Messages audDispatches, while Messengers will be kept at the various Stations, by whom dispatches may be sent out to any part of the Town where the communication has been received by Telegraph at the Com pany's Station. Subscribers' Names aro received at the Commercial Telegraph Of fice, where any further information may be obtained. The following are the Towns to which the Commercial Telegraph will be first extended : London Barnsley • Peterborough Chelmsford Margate Wakefield Yarmouth Ipswich Ramsgate Leeds Huntingdon York Deal Halifax Hertford Darlington Dover Rochdale Manchester Newcastle Folkestone 'Hull Leicester Berwick Canterbury Maidstone Derby Edinburgh Northampton Tonbridge Nottingham Glasgow Coventry Gosport Lincoln Scarbor , figh Cirmingliam Southampton Chesterfield Bridlington W olverliampton Winchester Sheffield Stamford Stafford Dorchester Bradford Norwich Chester Bristol Wisbcach St. Ives Li rerpool Gloucester Lowestoff Ware notherliam Cheltenham Cambridge Colchester J. LEIYIS RICA RDO, Chairman. A. A E. 31- One half the world are desolately single, and the other supposing them married, questionably contented. Diffidence, or a sense et right determine the former, and miscalculated hopes em bitter the latter. The solitary one may shield himircif under the plea of caution and worldly prudence, and the indissoluble, regret un coistprosing harry ; but the truth lies deeper. Physical incapacity, and broken health, are the great hindrances to domestic happiness cid social content. The dowry should not be the only marriage set tlement. Honour - and justice demand that health should form au item tii the compact; it alone dignities the alliance. Blighted hopes or mglect wound more sorely than poverty or misfortune. Reader, if these surmises concern you, procure Dr. CULVERIVELL'S little EMOIRS 'On Single and Married Life, " pub. in 2 vols., Is. tacit (by post, in stamps, Is. 6d. each). Let no imaginatively reined, er prudish feeling deter you, by their titles, nor he hindered oy rnhanterpretation of their supposed contents, from obtaining them. They are xot intended certainly for mere idle cariosity, but for tie closet perusal of those mere deeply interested, to whore they are offered as antagonistic to the eixpyrical trash put forth on the above subjects, by unqualified authors, which alone or together, are a disgrace to the age. Furthermore, two other :Pile publications claim your attention (same price Is. each, by post Is. 61) called " What to Eat, Drink, and Avoid," and " How to be Happy." They are not merely pamphlets, but equal in quantity a library volume, nor are they the mere ephemeral scribblings of the hour, but the study of the author's life, who owes his present existence, health, and position to this ob servance of the maxims he would inculcate—to do unto others as hi would be done unto—to live after nature's laws—and to keep always on the "sunny side of the way." The above works may be had of Sherwood, 23, Paternoster-row; Carvalho, 147, Fleet-street ; Mann, Cornhill ; Nalson, 457, West Strand ; or direct (by port or other wise) from the author (who may be conferred with personally, mornings and evenings), 10, Argyll-place Megent-street ; and all Booksellers. [ADVERTISEMENT.] DEBILITATED CONSTITU• TIONS, DISORDERED LIVER, BILE, AND INDIGESTION, CURED BY HOLLOWAY'S PILLS.—The good effects pro duced by this salutary medicine are really extraordinary and speak volumes in favour of its excellence in the cure of impaired digestion, bile, diseases of the liver and chest. The benefits derived from the use of Holloway's pills in these complaints are permanent, as the whole system is completely renovated, by inducing a healthy action of the liver, strengthening the organs of digestion, and promoting a free respiration. Persons suffering from any of these disorders should immediately have recourse to this established remedy, to insure a safe, certain, and speedy cure. Sold by all vendors of medicines; and at Pro fessor Holloway's Establishment, 244, Strand, London. THE SANITARY QUESTlON.—Thursday a meeting of the vestrymen of St. Anne's, Limehouse, was held at the Town-hall, to consider what measures should be adopted for the removal of a nuisince complained of with reference to the sewer, which empties itself into the Limekiln-doek. and to consider the propriety of addreA,ing A memorial to the commissioners at (4,v3dyr honse, in reference to the defectile state of alit sewerage in that parish.—Mr. Bugg. upper church srden, in the chair. Dr. Adolphus Barnet said the first• case of choler*. that took place in that parish when tl.e country was visited by that calamity a few years ago, was that of an old woman, who was attacked while employed at her avocations at the mouth of this sewer. Many of the inhabitants stated that the emanations from this sewer were injurious to their trades. Butchers could not keep their meat, which soon became tainted. He had taken the trouble to analyse the water of the Lime kiln-dock, and he found the principal ingredients of it to be sulphuretted hydrogen, a deadly poison, and a gas liquor. These two gases, taken together, were quite sufficient to produce all the various forms of fever, and to assist cholera in producing fatal results. The sewer complained of was one of the main sewers under the control of the late Commissioners of Sewers of the Tower Hamlets, and accumulated the sewage from Bethnal green, Mile-end Old Town, and part of Spital fields. He thought that its course might be carried through New Poplar and under the river Lea to the marshes, where it might be applied for the purpose of irrigation to the land. He moved that a committee be appointed to draw up a memorial on the defective sewerage of the parish, and the existing nuisance com plained of with reference to the sewer which empties itself in the Limekiln-dock, suggesting the most prac ticable means of obtaining its removal, and that the committee form a deputation to present the said memorial to the Commissioners of Sewers. The resolution was unanimously agreed to, when thanks were voted to the chairman, and the meeting separated. 'IDE BURMESE THR ONE. — Thursday afternoon the celebrated Burmese Throne, or Rath, belonging to Mr. Batty, of Astley's Theatre, left that establishment, drawn by the team of enormous camels en route for LiverpooL The novelty of such an equipage attracted a vast crowd, which increased as it progressed. The animals becoming alarmed at the shouts of the people when in Parliament-street, started off at full gallop, the camel-drivers having much difficulty in keeping up with them. Opposite the Horse Guards the foremost animals fell down, and the entire team rolled over them, the Burmese throne narrowly escaping destruction. After a time the unwieldy creatures were extricated, and reached the railway at Euston-square without further mishap. =THE CHARTIST LAND SCHEME.—We are informed that Mr. John Cooke, of the Chase, near Ross, has sold the Snigsend estate, at Corse and Staunton, near Gloucester, to Mr. Feargus O'Connor. The estate com prises about 250 acres, and the price was 12,0001. Woreestershire Chronicle. EXEMPLARY CONDUCT OF THE PEOPLE.—It is worthy of remark, that notwithstanding nu gt m h ber ed o is u t t re o ss f which prevails in Bolton, and the great employment, the business of the police-court is • con siderably diminished. On Monday there was not a single charge of felony at the Borough court, nor yet a warrant case. S DT, DECEMBER .1117 1847. Mr. P. BANKES, who appeared as counsel for the noble defendant, on the case being called on, said Mr. ' Ronalds, his Lordship's attorney, had that moment re ceived a letter from the plaintiff, which he would read: " " 6, North am p ton - square, Dec. 8. My Lord,—This is to inform your Lordship that as an acquaintance of your Lordship has promised to come forward and settle the little pecuniary matter of 51. be tween us,:it now will not be necessary for your Lordship to attend to the summons at the Westminster County Court on the 10th inst. "I have the honour to be, my Lord, your Lordship's most obedient servant, " IN F MILLER. " Right Hon. Lo r d D u dl ey Stuart, M.P., & c " The plaintiff having withdrawn from the case, he (Mr. Bankes), on the part of the Noble Lord for whom he had the honour to appear, had to apply to the Court for costs, as he should show that there was not the slightest foundation for the claim, but that it was one of the most impudent attempts ever made to obtain money from his Lordship. He made the application for costs, although there was every probability of their never being paid, more for the purpose of deterring other persons, equally unknown to his Lordship, from harassing him with these attempts, than to punish the plaintiff: The plain tiff was totally unknown to his Lordship, and, from his letters appeared to have no settled place of abode, as they were addressed from several different places. He (Mr. Bankes) would read some of theletters to show that whatever services were rendered they were gratuitous. The first letter was dated 48, Cromer-street, Gray's-inn road, August 3, 1847, and was as follows : " My Lord,—Permit me to state that when I heard your Lordship intended to put up for Marylebone, and that Mr. Harvey intended to do so also—knowing no thing of your Lordship's character but what was most honourable, and a countryman of which every English man ought to be proud of—having 50 nobly stepped for ward out of the common course of an idle aristocratic life and selfishness to aid the oppressed and to relieve the distressed, and that you well deserved the honour yOu'sought for;_ knowing also from my own individual experience that Mr.llarvey was amen unfit to be trusted . . . . I determined with . myself to exert all my humble powers in influencing all my friends in the bo rough to serve your Lordship, exhibiting to them and many others beside Mr. Harvey's character in contrast with your Lordship's. And Ido think my humble ex ertions in your Lordship's behalf placed your Lordship at the head of the poll, as well as have drove Mr. Harvey from the field of election for ever. But, my Lord, I did this at some little pecuniary sacrifice, which I am sure your'Lordship,. after I state what my present circum• stances are, will not suffer me to lose. Just at the cri tical moment of the Marylebone election, I deelined to accept of 10s. a day to be employed on the City election, which employ for sixteen days would have been 81., pre ferring, without any specific engagement from Mr. Ronalds, to go into the field and work at once for your interest, which I believe he knows I did, and Mr. Ramsey knows also. Mr. Ramsey knows that I worked for the ballot, as well as working for the poll. But I should be ashamed of myself, as a Reformer, to expect anything from your Lord ship for my services on such an occasion, when "England expects every man to do his duty" free.—(Laughter.) But, my Lord, now I have no property. I have been made to sacrifice more than 20,0001. by the enemies of liberty, persecuting me to the utmost, and I should like your Lordship to hear my tale on some future occasion. I have neither funded property, freehold property, or household property, though I had all these once, with carriages and horses. Time alone is the only property I have at present, and having spent that in your Lord ship's interest, stating this, I hope—l more than hope, I know—from your Lordship's generous disposition, I may expect a favourable answer to this letter. Waiting your Lordship's favour, I have the honour to be, &c., " JOHN MILLER." Upon the receipt of this letter, his Lordship, thi n ki ng it would be as well to avoid th e plaintiff's importunities for the future, for his alleged services in driving Mr. Harvey from the field, ordered Mr. Ronalds to pay him 5/. This was done on the sth of August to the great gratification of the plaintiff; but on the 7th another letter was re ceived, in which he acknowledged the receipt of the 5/., but " Never for a moment supposed that a less sum than lot, would have been offered, when I can give .indis putable proof of the fact that had it not been for my ex ertions Mr. Harvey would have gone. to the poll and been returned; .consequently, your Lordship would not have been placed in the present honourable position." With respect to the power and influence of the plaintiff he (Mr. Bankes) begged to say that he was not an elector of the borough, and had not the slightest influ ence. In another part of the same letter, alluding to his only property being " time," the plaintiff went on— " All my friends (electors) say that I dishonoured my self and the cause too for accepting so trifling a sum for rendering such important servic* s, and it is at their re quest, my Lord, to further benefit myself, that I make your Lordship further acquainted with the fact, as they are all certain that such a sum was never contemplated to be given by your Lordship. I h a v e d one t hi s, l eav i ng the matter solely in your Lordship's hands for further consideration, and I am quite certain the result will re dound to your Lordship's honour and to the honour of the cause your Lordship espouses." The result was, that his Lordship referred the plaintiff to Mr. Ronalds. To that gentleman, and also to his Lordship's secretary, several letters were written, in which he spoke of his Lordship's proud position in Marylebone being due to him, f or h e only had caused the retirement of Mr. Harvey. Finding it impossible to get any more money out of Lord Dudley Stuart, another letter was sent to his Lordship on the 24th of November, in which the plaintiff says he has no alternative but to appeal to the county court for justice; winding up the letter with apathetic appeal in these words:— " Your Lordship's kindness is known to the whole world—reaches from pole to pole; let then this kindness not be tarnished by my making an appeal to the laws for a small mite of justice to one who has devoted his life and fortune for the benefit of his fellow countrymen." This feeling address had no effect on his Lordship, for on the next day Mr. Ronalds wrote back, informing plaintiff that he would appear to any process that might be issued against Lord Dudley Stuart. The plaintiff, however, issued process against his Lordship personally, solely for the purpose of annoyance, and in another letter said— " His Lordship had not a leg to stand upon in a court of justice, that he could bring forward many of the elec tors who would prove that the quality of his services ren dered alone gave his Lordship the victory, and that in the course of a day or so he should wait upon Ser geant Shee (one of the candidates), and get him, if he could, with all his witnesses, to maintain his action ; proceedings which he greatly regretted being driven to, as he was sorry the Liberal cause would suffer by the expose." _ The Learned JUDGE said he thought the Learned Counsel had stated quite enough to entitle him to the costs, for it was not right that Lord Dudley Stuart, or any one else should be brought their at their own ex pense, and the plaintiff withdraw from the action. Ac cording to the statement of the Learned Gentleman, he supposed it did not matter wheter an order was made for the payment of costs that day week or that day twelve months. Mr. BANRES said it was more for the purpose of pre venting annoyances that he asked for the costs. 'the .JuDGE—Then he will be ordered to pay the costs coitn,“2l, attorney, and one witness in a month. MIDDLESEX SESSIONS. Before Mr. Sergeant ADAMS, Assistant-Judge, and a Bench of Magistrates.) The Court sat this morning for the purpose of hear ing the appeals which had been entered for the Decem ber general session. The court was much crowded by parties who are connected with steam-boats from its having been understood the Bench would give judgment in two of the cases wherein the defendants had appealed against the decision of Mr. Yardley, the magistrate at the Thames Police-court, who had convicted certain persons for having acted as the commanders of steam boats without having taken out the necessary license. W. J. PATTISON V. THE CONVICTION OF E. YARDLEY, ESQ. At a former sitting of the Court this and another case of a similar character were argued, and the Court took time to consider its judgment. The defendants had been convicted of having acted in the capacity of captains and commanders of steam-vessels without having obtained the requisite license according to a bye-law of the Court of Aldermen. The defendants appealed, and The Learned JUDGE now gave judgment, and said that this was an appeal by William John Pattison against a conviction of Mr. Yardley, the effect of which was that the appellant had been condemned to pay a penalty for having acted as the captain and commander of a steam-vessel plying between Yantlett Creek and Windsor, he not being at the time duly licensed according to the provisions of a certain bye-law for re gulating steam-boats plying on the river Thames. The Court had most carefully considered the arguments which had been advanced by the Learned Counsel who had appeared on behalf of the corporation on the fo i rmer day when the appeal had come before him in support of the conviction, as well as those which had been sub mitted by the Learned Counsel in opposition to the con viction, and in maintenance of the appeal. The Court had also carefully perused the bye-law upon the subject which had been framed by the Court of Aldermen, and the conclusion to which it had arrived, as regarded that bye-law, had been that that byelaw was illegal and contrary to the law of the land. By that bye-law it was enacted, " that any person acting as commander of any lighter, wherry, or other craft," plying for hire between certain points not having a license as directed by that bye-law, should be liable to the payment of a certain fine for every trip performed in such "lighter, wherry, or other craft." Now the Court of Queen's Bench had decided that "steam-vessels " came within the statute fo __)r regulating watermen, and that Court was therefore bound by that decision; but except for that decision be should have entertained great doubts upon the point. It was, however, quite clear that a "steam-vessel" was not a "lighter," nor was it a "wherry;" and notwith• standing the Court of Queen's Bench had held and de cided that a " steam-boat was within the comprehension of, and was comprised within the term ' Teasel,' " yet [PR-. that Court was unable, to arrive at the conclusion that the term "craft" meant and includbd "steam-boats." In the cases which were at present under consideration and before the Court it happened that the appellants were freemen of the Watermen's Company; but the Court was furthermore of opinion that the Court of Aldermen of the city of London were net armed with any power, without fresh bye-laws and regulations, to compel the captains and commanders of " steam-boats" plying on the Thames to be freemen of the Watermen's Company. It was not upon that one point only that the Court was about to decide the present cases, because these appellants were in reality freemen, and, therefore, the conviction had been, not for not being freemen, but because they had not possessed a license to use that privilege in commanding steam-boats. The bye-law in question had made it imperative that the captain or commander of a steam-boat should not only hold a license, but that no such license should be granted unless the sum of ls. was paid for it. Now, the Court of Aldermen, which had thus exacted this fee, clearly had no authority . whatever to do so. The statute under which this bye-law had been framed gave no power to the Court of Aldermen to issue licenses upon any such terms ; and in framing such a bye-law the Court of Aldermen had manifestly forgotten that without the direct authority of an Act of Parliament no body, cor porate or otherwise, had the power to impose a Mx upon any of her Majesty's subjects. The only power to levy taxes was vested in her Majesty and the Houses of Par liament, and thus in demanding the payment of this one shilling the Court of Aldermen, it might be humorously said, were reviving the old question of " ship-money, " which was so celebrated in the days of Charles I.,although in the present time that matter would not be attended with the mischiefs consequent upon it at that period. A freeman of the Watermen's Company might, under the statute, be compelled to take out a license to navigate a steam-boat on the river Thames as a captain or com mander, but it did not follow that he was compelled to take out such a license as this bye-law of the Court of Aldermen required. That bye-law was _clearly illegal; and, therefore, as the appellant had been fined for not 1 having that license, ft was Impoleible that the Court could confirm such conviction. The bye-law was clearly defective, and therefore, supposing that the judgment which the Court was now expressing was correct, it was quite apparent that new bye-laws were required for the regulation of the Thames. The question which was in volved in the matter was, without doubt, one of too great and general importance to be finally determined in that court. It was important to the Court of Aldermen, inasmuch as it affected their powers and jurisdiction; it was important to the Watermen's Company, it was im portant to all those persons who aeted as the captains and commanders of steam-vessels, and it was of im portance, especially to all those who had a large capital embarked in the steam-navigation of the river and the traffic of steam-boats. Taking the point, therefore, as to the mode of' granting license as t h e main ground of its decision, the Court made an order for quashing the conviction. STEPHEN MACKLEY V. THE CONVICTION OF E. YARDLEY, ESQ. This case was the same as the above, and the ruling of the Court was, therefore, held to be applicable to both. Conviction quashed. This decision, if we remember rightly, is in direct op position to that delivered a week or two since at the London Sessions by the Recorder. POLICE INTELLIGENCE. W ORSHIP-S TREE T. A young married woman, named Elizabeth Gardner, was charged with violently assaulting and threatening to stab her husband, Henry Gardner, with a knife. The husband, who was evidently in great apprehen sion of the prisoner, though a very little woman, stated that he had only been married to his wife a short time when ho had the misfortune to get into some trouble, which led to his being confined for a considerable period in the House of Correction, and that about a fortnight after his incarceration commenced he received a letter from the prisoner, in which, while protesting the most devoted affection for him, she stated, that the whole of their good s h av i ng been seized upon, she had had been compelled to apply for support to the parish officers, who had afforded her two nights' shelter in the workhouse, and that, as she had received an offer of protection front a male friend of the witness's until he was liberated, she hoped he would not object to her ac cepting it. He felt very indignant at such an extra ordinary communication, and refused to answer it, the result of which was, that the prisoner took his silence for consent, and although she had accepted the other man's offer, and lived with him as his wife, she never theless wrote him five or six other notes (which he handed up to the bench), all of them filled with the most affectionate protestations, and in the last of which, re ceived the day before he was liberated, she expressed her intention to quit the other man, and meet witness next morning on his discharge at the prison -gate. Punctual 0) the moment he found the prisoner there to receive him, when she pointed out so forcibly the destitution she had her r' thrown into by his imprisonment, and so pathetically appealed to him for forgiveness, that, thinking she had been driven to misconduct by necessity, he reluctantly agreed to receive her, and accompanied her to some lodgings she had hired in Spitalfields. There, however, some cir cumstances came to his knowledge which induced him to revoke his resolution, and he expressed to her his determination never again to acknowledge her ; upon which she became dreadfully excited, smashed Vie win dows to pieces, held him by the throat till he was nearly black in the face, kicked him furiously on several parts of his person, and finally declaring that she was resolved no other woman should possess him if she could not, and that she would " finish" him to prevent it, seized a table-knife, and attempted or threatened to stab him with it. A violent struggle ensued between them, in which he was obliged to use her roughly to escape her violence, and having succeeded at length in wresting the weapon from her, he applied to this court for pro tection. A woman named Montgomery, who was present at the time of the contest, described it in nearly the same terms as the husband, but added, that the latter struck his wife two very severe blows across the face in the course of it. When called upon for her defence, the prisoner, who had been sobbing hysterically from the commencement, said that although she knew she had so acted that she could scarcely expect to be forgiven, she had been forced to act as she had done, as her husb and: returned her no answer to her letters, she was in a state of the utmost destitution while he was in prison, and had no home to go to or friends to receive her. The instant the com plainant was liberated she hastened to meet him, and begged for his pardon, which she thought he had granted her; but he suddenly changed his mind, and ordered her out of the house, and told her to go to the workhouse, an order that so hurt her feelings that, in her despair, she scarcely knew what she did, but she certainly did not attempt to injure him until he had several times struck her cruelly. The complainant expressed a wish that his wife should not be severely punished, but he wanted security from her uncontrollable temper, and the Magistrate, therefore, after forcibly animadverting upon her conduct, ordered her to put in two substantial sureties for her peaceable behaviour for the next six weeks—a virtual sentence of imprisonment for that time, as she could not find them. On hearing the decision the prisoner rushed towards her husband, flung herself upon her knees, and implor ingly entreated his forgiveness, but the complainant was iue:.orable, and it was with the f o r e eat h e e a r t that h d u itti sb e a u n it d v from her grasp, she clung to him with such tenacity. LAMBETH. Alderman, the gaoler, c could rel e ase • John Simpson, alias Scott, and Mary Ann Simpson, alias Taylor, who have been in custody for nearly a month on a charge of stealing a silver tea service and va rious articles of jewellery, of the value of 1001., the pro perty of Mr. John Edwards, a gentleman residing in Camberwell-green, were placed at the bar before Mr. Norton for final examination. In addition to the evidence already published in The Sun, from which it appeared that the property had been stolen from the bedroom of M r . Ed wards on-the evening of Sunday, the 31st of Octob er l ast, while the family were at church, and two days aft er was seen in the pos rnsdt en witnesst of f police yesterdayatiiid d w e a r session of the prisoners, one of w h om, the woman, had been in the service of Mr. Edw ar d s. that between the hours of 11 an d 12 o ' clock on the n i g h t was Mr. in i s r t . e r j , o w h n ho P d e e t e p o r s s'e d a of Friday, the 12th of last mont h , he apprehende d t h e prisoners at the Wheat s h ea f Inn, Kidderminster. He super The i n t fi e found them in bed together, and told them that he took them in custody on a charge of stealing a quantity of plate and other property, belonging to Mr. Edwards, of Camberwell-green, upon which the male prisoner ex claimed, " Well, I suppose we'll be both sent over the water for it." The woman said nothing. He (wit ness)__ told the servant at the inn to examinecarent thef carefully the bed in which the prisoners had been, he nand then following day he received the mourning-ring now present. He also re produced, from Harriet Hill, ceived from the mother of the female prisoner eight rings ir of ear-drops, a broken seal, and a small 9 silver knife, two brooches, apa which she said she had received from her daughter, all of which were identified by Mr. Edwards as his property, and stolen from his house. In reply to a question from Mr. NORTO N , the witness said he had known the female prisoner from childhood, and was not aware that she had been before guilty of any offence. • Harriet Hill, chambermaid at the Wheatsheaf Inn, Kidderminster, stated that on the night o f F riday, the 12th of last month, about eleven o'clock, the prisoners came to her master's house and engaged a bed. Th ey retired to rest almost immediately after, but were not in the house more than half an hour when Mr. Peters came and apprehended them. On their being taken out of the bed-room witness locked it up, so that no person had access to it until the following day, when she went there, and on examining the bed she found a mourning ring similar to that which she had seen the male pri soner wear on the night before. Inspector Campbell, in reply to the questions of the Magistrate, said he had communicated with the autho rities at Liverpool, where the prisoner had been three times convicted, an d w h ere he was at present charged with a d ar i ng attempt at highway robbery, and t h a t he expected th e presence of an o ffi cer at the Old Bailey to prove these facts. fThe depositions were read over, and h moneys were fully committed for trial. WESTMINSTER ' . Mr. a Thomas thisoma court si to prefer Ansley,shoim a M.P. against forYo George übl,at ten charge- Lamb, a cab-driver, under the following circumstaaoitces:— , Mr. Anstey stated that he hired defendant's cab at envie- bar at about 4 o'clock on the- previous after n on, and ordered him to drive to the House of Com ns. As be was rather late, he alighted hastily at e Members' door, and as a gentleman who had ac companied him, and who had some books with him, was to be co nveyed back to Temple-bar, he left him to pay the fare. Complainant told the cabman at the time he was set down that he was late, and that the gentle man would go back with him, but he did not remember whether he told the defendant that the gentleman would pay him. About three hours afterwards, on going into the cloak-room, he found the books belonging to the gentleman before alluded to, and on leaving the House with some other Members at half -past twelve o'clock, complainant found the defendant waiting, and he de manded 12s. as his fare. Complainant asked to see his badge, expressing hi s w illi ngness to pay him if he would produce it, as, in the event of its turning out upon inquiry that anything was wrong, he might have his remedy. Defendant asked the gentleman for his card, when he told him that he would prefer paying him and taking his number to giving it. Defendant said he had not got his badge, but if he would come with him to where his cab was standing, he could take the number of it. Com plainant told him that he did not want the number of his cab, but the production of the badge only would satisfy him ; upon which defendant repeated that he had not got it, adding, that he did not conceive he wanted it, as he was not then driving. Complainant had some papers of importance in a bag, and as it was raining hard, he walked on to, get a cab, lest they should be wetted. Complainant was about placing the bag in a cab when the defendant shouted to the driver, " I give you notice, you cannot take that gentleman, he is my fare." Defendant then thrust himself between complainant and the cab, and prevented his getting in by laying his hands upon him, but not striking him. Complainant had to ward him off, „ and it cost him some effort to put him aside. Defendant resisted him with great force, and finding it difficult to get into the cab withouts personal struggle with de fendant he gave him into custody. Complainant, on concluding his statement, said that if the defendant had shown him his badge he should at once have paid him. In reply to an inquiry from defendant, Mr. Anstey said be told him that he would pay him Si. if he demanded it, if las would show hiS badge. Defendant. in-reply -to the charge, said the getitleman g•ot out, and the CODIARMO on duty at the Houses of Par • hament ordered'hiir to draw over to where cabs stand.. He (defendant) found- .the booki in his cab, and asked the policeman what was to be done with them, when he referred him to the superintendent of the lobby, who said he thought they belonged to complainant, and he sent a clerk to inquire. Defendant waited till complainant came out, and asked him to pay him, when he replied that he never told him to wait, but would pay him :504 if he demanded it. He, however, never offered to pay him anything. Ha told complainant that the badge was in his cab, and he would fetch it, or he (complainant) might if he liked. Defen dant admitted that he followed the gentleman, and got before the cab door to prevent his entering. The constable who took defendant proved seeing him take his badge from out of his cab as he:passed . on his way to the station. Mr. BRODERIP inquired whether Mr. Anstey knew whether the fare had been paid by the other gentleman ? Mr. Anstey replied that he was unable to say, as he had not had an opportunity of seeing the gentleman since. Mr. BRODERIP observed that he was not at all sur prised at a gentleman refusing to give a cabman his card, as it was impossible to say to what use it might be put. He remembered an instance where very unpleasant cir cumstances resulted from a gentleman haling done so. If Mr. Anstey prayed the judgment of the Court against defendant for his misconduct, he would give it at once, or adjourn the matter if Mr. Anstey wished to see his friend first. Mr. Anstey having expressed a wish to inquire of his friend, with respect to the fare, before the matter was decided, Mr. BRODERIP ordered defendant to find bail for his appearance on Monday next. STORM IN THE FRITH OF FORTH. The storm which visited this coast on Monday night and yesterday morning has left traces of its effects which will cause it to be long remembered at Leith, and along .the southern shores of the Frith. . It was felt also very severely in the streets of Edinburgh; but, beyond the fall of a few chimney cans, we have heard of no da mage in the town. By 8 o'clock P.m. the wind, which had been for some time increasing, was very violent, and, with the rise of the tide, became in every sense a complete storm. The tide rose to an unprecedented height, about eight to ten feet higher than usual, and the waves ran thirty feet further in shore than they ever were known to reach before. Many, if not all, of the vessels in Leith Roads drove with their anchors, while some of them set sail, and with much difficulty, and at great tisk, succeeded in gaining the harbour. A stone stair at the upper drawbridge has been 14) shaken, by a vessel having comp :n contact with it, that the stair, along with a part of the m usury of the quay, will require to be rebuilt. Te the eastward of the town, the tide, driven up through the avenues at the glass-houses to the public road, inundated many of the dwelling-houses, and deluged the seep-works and other establishents with sea,water to the extent of three or four fret in depth,. causing consi•ltrable loss to the, tenants. Indeed, so Impetuous: was the gale, that the Hater was lashed with irresistible force over the high railway embankments opposite Seatield to the public road. To the westward of the town matters were, if possible, still worse. A complete embargo was put upon everything in the shape of pedestrianism on the road between Leith and Newhaven. 'I he embank ments at variou3 places have been literally p!oughed op and washed away, more especialty at the foot of Albany street, near the Port, a great part of the bul warks and embankments have been carried away. The place, too, generally called the " Murder Trap," which was repaired lately, has also suffered a good deal ; for, although the piles are still stand ing; the surrounding earth, in which they were im bedded, has been washed away, as also a part of the stone bulwark near the Sarno place. The effeots of the storm at Newhaven were truly disastrous. yes terday morning the beach, all the veay iron the Stone Pier at Newhaven to Granton, was strewn with the wrecks of fishermen's boats and yawls; the remains of those which been lying on the besch before the tide cngulphed them. Judging from the appearance on the beach, there must have been from thirty to forty of them complete wrecks. Besides, we un derstand that twenty-six boats left Newhaven in the course of Monday afternoon for the herring fishery. The sea was perfectly calm at the time, but, fortunately, they had not proceeded far when the squall was observed, and the boats, it is believed, with the exception of two, which are missing, ran with all possible speed, some for Granton, others for Newhaven, and another portion for liurntisland, where they remained safe till the gale began to blow from the north, which deprived them of all shelter. The result is, we regret to say, that out of the twenty six boats which put to sea, twenty foundered and went down, many of them with their nets, inflicting a loss upou the unfortunate owners averaging in each case from 601. to 701. This catastrophe could not be avoided, as fishing boats are uninsurable. To the industrious fishermen and their families such a state of things is indeed very lamentable and distressing. Three sloops, which were riding at anchor off Granton, have been cast ashore ; two of them have gone to pieces, one of them named the Tontine, of St. David's. An other, called the A nn , o f S t. David ' s, is lying oil the beach with her bottom out. The sea-wall of the rail wey from Trinity to Granton Pier is, the greats part of it, washed down. Pere and tilers portions of it remain standing,. but, more e•pecially towards Gran ton Pier, it is a mass of ruiti,. ne of the jetties at the eastern sid e of the pier, as also a slip or low water pier, whi c h has been in course of erection at the same aide, together with the stage for the divin bell, hav e b een completely washed away. T he sea-wall to the we s t war d o f G ran t on Pier, extending oli with as far as the D u k e ' s Q uarr y, h as alsobeenn a eor rter l a . y destroyed, the qua rr y b e ing filled seaA large barque, named the Georges, of Leith, laden with timber, from America, drove on the bank, between the extremity of Leith Pier and the beacon, lost her rudder, and filled with wa t er, but is expected t o be got off next tide. We regret 'to learn,.. also, that , the pier at Cockenzie, about twelve miles east, ha s been destroyed, and all the boats belonging to the place t two. The steamers in th e have been swamped excep t Frith did not make their usual trips on Monday, and fortunately the Aberdeen boats had just du' contiaued plying on Mondays. We fear we have mentioned only a few of the lamentable c asualties attending thi s dread ful storm. Earnestly is it to be hoped th at t h e d i saster at sea may not prove to be so groat as the severity of the tempest in this quarter may naturally have led many to anticipate. DUNBAR, DEC. 7.—Last night was a perfect hurri cane. It is said we have not had such a 'torus for these six years. Great damage is done to all property lying along the coast. The number of wrecks spoken of is fearful; but it would be wrong to give particulars until authentic accounts have been received. It is said fifteen wind-bound vessels left Eyemouth yesterd a y, none of which have yet been heard o f. A Belgian saden loop, Le wh Rodeur, from B ruges for Glasgow, appl las at saved. A coal keel es, lies is near hore her ; crew saved. Skateraw; In crew the Cove Bay, t h e schooner Agenora, of Berwick, on shore, all hands lost. At Siccar Point, a foreign barque is on the rocks, crew, to the number of thirteen, on the rig ging, seen from the shore. The Preventive men have left by the train, with Manley's apparatus, in the hope of getting them on shore, as it is impossible to get near them by boats in the present state of the weather. The barque is to pieces, and crew lost.—Edinburgls Evening Post. The Obtervateur des Pyrexees relates the following amusing anecdote of Mme. Dorval, the celebrated actress: —" The diligence, after stopping at the Hotel de la Dan rade, at Pau, was about to start again for Tarbes, when a crowd was collected at the door of the coup. It ap peared that two lofty dames of the chief town of the department were exclaiming with indignation at the idea of being obliged to travel side by side with an actress, and protested against her being admitted, although she h a d engaged and paid for her place. Mine. Dorval treated their pretensions with contempt, saying, Well, ladies ! you shall have the honour of riding with ray servant, whom she immediately seated in the coupt, contenting herself with taking the seat of the 'errant, on the top of the diligence."