The Sun. — London, England, 1840-11-12 00:00:00

the pO - (lit, nly his, ble ,f a )0 0 0' Ets' the 6 ,11 of ;vs! ' 0,61 Ttt• or P R 0 G ATION (AF . PARLIAMENT. being the day to which the Houses of Parliament r a tood prorogucd, a me e ti ng was h e ld f or the purpose of a iurtlior prorogation. The Commissioners were the Lord Chancellor, the k ci arq he uis of L ans d owne, and Lord D uncannon. T Common s were represente d b y Mr. Wm. Ley, the Po •The on y Assi•tant I Member present was Colonel - The Commission having been read, the , Parliament was f tirther p rorogued till the 10th of December. N o moo- L ° ll was mad e o f i ts t h en b e i ng f or the di spatc h o f busiricss. NOMINATION OF SHERIFFS. of ouncil _ This being e of rii.artin, Privy C kirtihl.llldt h. in theCour t morrow ch of Exequer, for a the ri se purpo of sil tst e nation e Jdges for u the era I st, and judcrinjudgingof th the u excuses ma ll de g p to them while on circuit. }I At half -p ast t wo o ' c l oc k. th e Ch an cellor of the Ex e-luer. in his Robes of Office, took his seat at the head vPthe C ourt; next him ant the President of the Council, oerd Lord C hancellor, Lord Duncannon, Lard Denman, Abinger, Lord Chief Jce Tindal. Judger toot their sea t s accordmgusti to seniority. The other Th ere Were a few objections of the usual nature. Some s erved the office previously, others pleaded poverty. T he Hon. G. C. Greville was Clerk of the Couwil. C o4l.lem• -kANCERY COURT (THIS DAY.) Th e L CUNT V. Sinzr4T—JUDGIJENT. tilt, °RD CIiiNQSI.4OII gave judgment this morning in fop,.,c4let in which the bill had been filed by the plaintiff purpos2 of having an agreement whieh he had ex -4,otd, giving up two-thirds of his interest in a term of 11, 4 7 1, years upon an estate. The plaintiff represented th; 'lle had been induced to enter into the agreement upon th - t aav ice of a person named Snell, who had stated to him (iti a- , ; 11° I, ad only one-third interest in the property in to e ti,''''". His Lordship thought the plaintiff was entitled g e °rder whi c h h e asked for—the delivering up of the Ite,trient to be cance lled. He should, therefore, make aecrce and the defendant must pay the costs. WOEMALD V. MACKINTOSH. 'qv -.° aDSHIP also gave judgment in this case, which si l ,: r i gued bef ore th e C ou rt some time since, upon an loi`,T 4 ' from the judgment of the Master of the Rolls, al ag certain except i ons t o th e M as t e r's rep o rt. The ta r l i°ll raised up on th e ex ce pti o ns was whether the Mas- P art : l4l done right in admitting certain evidence, the %hi 'thoPiing it being interested in the case. His Lord ught the Master right in receiving the evidence, hte o rdered the exceptions taken to his report, which had al:lowed by the Master of the Rolls, to be overruled. Hi s WILLIAMSON V. BLAIN. tiIeb' 4 ORDSIIIP also gave judgment in this case, in which s ' was filed by the plaintiff for the purpose of obtain ettAttl:'e specific performance of an agreement to sell an kt; 'n Cumberland for the sum of 3,000 1 . The defend -1114-thilet ted that he was intoxicated at the time of execut tyit:e a ?reeMeHl, and therefore that be was not bound the deer it's Lordship thought that the defence set up speciPerfic t'eorrn atioe ot the agreement, with costs. "Tosx.Er-ouNBRAL V. THE QORPORATION OF BRIDGE- The : - WATLR. pet e" was filed in this case by the Attorney- E1k4 .131 , , , compl a i n i ng th a t the Corporation of Bridgewatar °een empowered to receive certain tolls, with the th e °I building and keeping in repair a bridge, had, since ld the I , ll : s !ini* of the Municipal Corporations Act, app 'lO L Pls b f ands arising from the tolls to their own mum tltt,,,Nrposeswhich the information asserted was a breach The; principal question for the decision of the '01: 1 11 - ‘ was whether the tolls were given to the Corporation 1 44: Purpose of repairing the bridge, in which case the onl y ; must be a ppli e d t o t h e re p a i r o f t h e b r id ge , and that t oe . or whether they had been given to them upon the . Whi,,L ti ° ,, that they should keep the bridge in repair, in g ee - e " eas e the surplus funds would be applicable to the k r4l Purposes of the Corpora ion. k r , ' ll7 . appeared in support of the information, ar.d and Mr. J. Russell on behalf of the Cur n. h u ). c , c , 4 —Orcr) CHANCELLOR doubted very much whether g ood der asked by the Attorney-General would do any Clo w He thought the best course to adopt would bc.. to Riv e h `ue ease to stand over for a few days in order to Ittatter"e A ttorney -General an cpportunity to consider the til e 4 Lordship rose shortly before two o'clock to attend Pr°rogation of Parliament. -z- CHANCERY.-(THIS DAY.) U SBALDESTON V. BOWLEG AND ANCTIIER. thi lite e s Case our readers will recollect that sometime d -efe rid his Honour granted an injunction restraining the fr om c ants from proceeding to recover the sum of 9,000/. the o,bald ts t on , on th e ground that the notes for tf e -41 °Lint had b een g i ven by Mr. Osbaldeston in respect Ing e : tal i' gambling transactis. Mr. Jacob, this morn -I,lPlied for the dissolution on of that injunction, which COURT, after hearing Counsel, refused to do. QUEEN'S BENCH-(THIS DAY.) (Sittings in Banco.) THE Q UEEN V. Q UAIL. The ATTOR NEY-GENERAL had been instructed to show '44 , 1 1! against the rule obtained in this case for a quo war n the defendant to show by what autho rity 1:all calling r claimed u t o o be a Councillor of the borough of Li- V a e 1 / 1 °,,,l on the ground that he had not been legally elected, ' 1 : 1 1 ° : t • another candidate, Frances Shandy had a majority t i .." 3 „aabl a '''tes- The form of the rule wes in itself objec "ich to t e ' t did not follow the words of the statute, else th e er : to show by what authority he claimed to exer ,thepurnncluee of Councillor. The application was not for I : . ,aYee f , i e of settling any general legal principle, but it . mgavi ts ,„ - , r a scrutiny. His first objection was that the af- 4ti di not show that the defendant had done any act tient t o wn- Councillor, it was not, he apprehended, suffi. fied. ' Wit}, re s at' that he had acted unless the act was f s v p o e t c e i s, he ti llste c i,g k ar d to the second point of a scrutiny F °Peni,„'"eir Lordships would not sanction t .c ° principle of Q ntail a registry of several thousand votes, which would th e C ro ß , r ,, e ,, a t xpense, and, in fact, delay the result until a l -ill during which the defendant was entitled to a t c h t e a re s nec 'r ti ed passed away. It was alleged that l t,' d b il e" nati n ) Of votes on the defendant s th at but even rf er th so at we o re established it would be showo 111 : rit trober of fictitious votes had been given for e 1144 eh e l i a ' adida tes that Mr. Quail was , still in a majority. vi t a b een said about personation in Ireland, but he B°lll , t° say it existed in that country also Monaad at th t e tltetli' Borough election it was carried -o:3 d I r k, - ,"'ENataN--I s that the first time you heard of it, ThQ'rneY ?—( Laughter. ) Th e t:('arned Counsel having concluded his argument, 114 t er,, C •oitT said that upon one part of the case they did 14,1 -settain the slightest doubt namely, that the circ 1 4 tl e aa e allidav g it having been made that the defendant — ` e ,' as a Councillor vvas sufficient to establish they .qr a i„ With regard to the other point of a scrutiny, . '4a tt id that the inconvenience would be great, but it th he a still greater inconvenience to exclude the power t Q h n e Court Queen's Bench. They had seen enough ti ar cl how necessary the superintendence of the Supe Co our essary 's was over the bodies by whom the Tovvri Ali°e'Ors were elected. The Court, however, must de- - r ,: a , 41 0g the course of striking names off the burgess " 1 , 1 1 , g en the part was not previously called on to defend i give ‘se. and they c y ould not ascertain what answer he might 4 4 Such a proceeding would be most inconvenien t , )t °14 ° , 414 bably lead to great injustice. The Cour ' itowe,r, take time to consider the whole question. In th . THE QUEEN V. SMITHIES. PrOs e , h s case a rule had been obtained, calling upon the T Qtl„ -t er to show cause why Charles Smithies, the de th—'`; should not be admitted to bail before two Justices hi e t'eace there being no probab'e cause for charging t wi th felony. 41;4% ToraLimsoN now appeared to show cause against t o , I ;_ule• The defendant had been charged with coming I ) , ti lao house of his father-in-law, Danie. Salt, and stab 4. himwith sharp instrun.a.. There was no stab pr "m in orfourd on tL. of any weapon being seen the hands . h. vr " Pers on of the defendant, but the affidavits which ki e re now before the Court, distinctly stated that the felo °us act had been perpetrated. After referring at some length to the affidavits, The COURT said the re was no ground for granting the 1 41;cation to bail the prisoner. 1115 Q EES V. TI'LL EASTERN COUNTIES RAILWAY COMPANY. In this case a rule had been obtained, calli ng on t h e d e - V' t lants to show cause why a mandamus should not issue e u' r ,etod to them, and commanding them to make e n is .t r !'all for certain damage done to the property of James le e and ,others. The ALEXANDER now showed cause against the rule. not e gaestion w a s one of some importance, as the case did Data r rie within the provisions of the Railway Act for ern- Po rt g juries and assigning dam a ges ; and it was im• Of d ant als o t h at the C ompany should have an opportunity ra, r , el endin g t h emse l ves from the charge of having da 111°tb : d Property which their railway did not at all touch. vras w as no des cr ipti on o f t h e mo d e i n w hi c h t h e d amage aria ` ° ne, or of t h e p l ace w h ere t h e property l ay, an d if tai, grou n d o f complaint existed, the proper remedy t th e Company was by action. opi njo et stating the facts of the case, the Court was of th e de o , that th e rule should be made absolute, reservingeto orn. d o the right t o state t h e i r answer to the plai nt When the return was made. lIAIL COURT.-(THIS DAY.) 1411,„ (Before Mr. Justice COLERIDGE.) IIJANDANIUS. kATTER OP THE JUSTICES OF SUPPOLE.-- 5rt:.1).,1,141..rt applied for a rule, calling on the Jus tices is t i iie 'out to show cause uhy a mandamus should not or',,crnmanding them to hear a certain appeal against 13 td 'T I. for the removal of a paer. It appeared that an . t be e p r : a d been issued bv two Just ices for the removal of Treat'4" in question, ' 'a widow woman, from Ipswich to , 1 Yarmouth. This order had been appealed against. 15 ee "earing tr, of the app ea l h a d , f rom time to t i me, v - the j dela - Je., and when it at last came on the clerk . 14. (14tices objected to the hearing of it on the ground tatt,,it informal and the Justices, in consqucnce, re the i nc ° bear it. The Learned Counsel conten d ed that Iver '"rrnality was of no consequence, and that the Justices e , i b°4 rid to hear the appeal.—Rule nisi granted. 1, litikry hl r, V. REY. SIR HENRY RIVERS.—CERTIORARI. toorkRSOORPF applied for a writ of certiorari to re. ti, indictments found against the reverend . defendant 11, er '" f e limb sessions ir to this Court. The indictments eite e r ,' ° r 4 libel alleged . to be contained in certain in b. " ,written by Ole Reverend Sir Henry Rivers, Ro e ""ich he said that if a certain person hie c e rtain evience in a certain cause, .ho let) Would be d under the necessity of showing that evi //beeth„°, be false. A very grave question arose as it "Li point of law, this was a libel; and therefore was desirable that the cause should be tried before a Judge of one of the Superior Courts. Mr. Justice COLERIDGE said he knew the Recorder of Bath to be a very able lawyer. Mr. PETERSDOEFF said that a great prejulice existed against the defendant in Bath, in the minds o! that class from which Juries were commonly taken. Mr. Justice COLERIDGE would read the affidavit, and consider of his decision. IN TUE MATTER OF TIIR CORPORATION OE BEDFORD. iciANDAINiII. Mr. Sergeant NIEREWETHER applied for a rule for a mandamus,, calling upon the Corporation of Bedford to proceed to the election of three Town Councillors for the Western Ward. The tov,n of Bedford is divided into two wards, the eastern and the western. The election for Town Councillors was conducted regularly in the Eastern Ward, on the last occasion but, in the Western Ward, the Alderman and one Assessor only attended, whereas the Act requires the attendance of the two Assessors. Therea son of this non-attendance was the absence of the other A , ,sessor from Bedford at tha time. Several of the bur gesses objected to this proceeding, but the Aldermen and Asseasor proceeded t o th e e l ec ti on . The same objection was then taken before the Mayor, who admitted its validity and refused to declare the state of the poll, so that the Western Ward was now unrepresented. Mr. Justice COLERIDGE gr anted a rule absolute in the first instance. COMMON PLEAS-(THIS DAY.) (Sittings in Banco.) CASSIDY U. STUART. Mr. Serge'nt SPANKIE, in this case, obtained a rule to show cause why the Judge's order to set aside the outlawry against the defendant should not be rescinded, on the ground that the reason assigned, namely, that the defen dant (Mr. R. Stuart, M. P. for Stirling), was a Member of Parliament, was insufficient, inasmuch as the privilege of Parliament /vas available to Members only in protecting them from arrest. BOWLER V. WHITE. Mr. Sergeant HALCOMBE applied to the Court for leave to set down the trial in this case (which is an action for false imprisonment), for the first sittings in next term ( Hilary 1841), on the ground that an important witness had nut hitherto been reached. Mr. Sergeant BOMPAS opposed the application. The COURT ordered the cause to be put down peremp. torily for trial in the sittings after this term. Further postponement might, if necessary, be asked for. DANIELL V. SEA DELL AND OTHERS. Mr. Sergeant CHANNELL obtained a rule nisi for an at tachment against one of the defendants, for not having paid the costs of an award. HAY V. BUSU. This was an action brought for assault and false impri sonment, the particulars of which have already been fully given. The Loan CHIEF JUSTICE, in giving judgment, said —lt appears to me, that neither in the cases quoted, nor in the circumstances of this case itself, can such a justification as has been set up be allowed by law. Now, there is no doubt that in a civil action, a writ issued to the Sheriff against one person would not warant the arrest of another person, although it should be the one intended. In the case of Acquila Cole, which appears in 3 Barnwell, 628, it was held to be no justification. It was pleaded that Acquila Cole had been usually called Richard Cole, in which name he was ar rested. And it was further pleaded, that in the Court of Common Pleas, a distringas was issued to the Sheriff, or dering him to distrain Richard Cole, meaning Acquila Cole, by which it was assumed that there was an identity in the name. But those pleas were not held to be a justification. In a case which followed that, and is reported in " East's Reports, 525, the Court held that the plea of justification under those circumstances, would not be good, unless it had been proved that the person arrested was known as generally by the one name as by the other. Well, if this is the law in civil actions, what is the difference with respect to criminal cases ? If the writ will not justify ar rest in one case, why should the warrant of a Magistrate justify it in the other, under the same circumstances. The object of the warrant in the one case is the same as in the other—namely, to identify by his name the indi vidual who is the subject matter of the process. In the 6th Term Reports, Justice Law shows that, in his mind, no such difference as has been assumed in this case could be made. He quoted the authority of Justice Foster, in the same Reports, 612, in which be states that if a crimi nal process be defective in the form of it—if there be a mistake in the name or description of the person against whom it issues—or if the name of the officer he.vieg been in serted after the issuing of the process—if in such a case the officer should be killed it would amount to no more than manslaughter. Upon this case Lawrence observed that the reason was, that under those circumstances the officer was, in strict law, a trespasser. In the Ist Ryan and Mudie's reserved eases, 389, there is the case of Wood. In that, it was stated in the warrant that the process was is sued against " Wood, one of the sons of George Wood, the elder, by whatever name he may be known." The Judge there held that this was no warrant against George Wood the younger, inasmuch as he was not named in it. The warrant should give a particular authority against the person intended. Now, in that very case, there was a person named 'Brown who bad witnessed the whole tran saction out of which the process arose, and he pointed out to the constable this George Wood as the person who com mitted the misdemeanour. I think therefore that the cases I have stated show that there is no distinction to be made between civil and criminal cases. But it has been argued here that it would be a very dangerous thing if constables were subject to this liability, and that persons guilty of felony must be permitted to escape. But I must say against that argument, that it would be a very dangerous thing, if one man was to he taken upon a warrant issued against another; and if the constable, who is merely a ministerial officer, were to sit as a judge upon the case committed to him for the exami nation of the process, and take it upon himself to say that one man was intended although another was named. In deed in a case where the constable himself was aware that the party was guilty of felony, he might, on finding the individual within his jurisdiction, throw aside his warrant, and act on his own responsibility, rather than al low the felon to escape. In that case the law protects him. But there was no such justification in this case. The statute has been referred to, as exempting constables from liability in obeying the warrant of a elagis trate. But in this case the warrant of the Ma gistrate ordered the constable to arrest John Hay, and he arrested Richard Hay. Certainly it can not be said that this was done in obedience to the warrant. lam of opinion, therefore, that the verdict for the plaintiff was well found, and that the rule should be discharged. kr Justices Bosanquet, Coltman, and Maule, gave their judgment to the same effect, at considerable length, and the rule was discharged. PRICKER V. TOMLINSON'. In this case the Under- Sheriff, reserved a point, under the statute of frauds, that there had been no memorandum or note of sale. Mr. Sergeant TALFOURD obtained a rule nisi for a non suit, against whichiMr. Sergeant Gaselee now showed cause upon affidavit that there was a note of sale, that is, an entry in the books of the plaintiff, with knowledge of the defendant's factor. WOLLASTEN V. HAKEWELL. The arguments in this special case, affecting certain free• holds in Nliddlesca, was adjourned. The facts and argu. ments are intricate, and will best appear i❑ future hearings. (At present (the COURT observod) the case is a cloud of sand. A day for full hearing will be given in this Term. In the meanwhile the Court will look into the numerous deeds and evidence produced at the trial. The Court rose at two o'clock. EXCHEQUER COURT-THIS DAY ( Sittings in Banco.) NYE V. JACKSON. Mr. WHITE moved fora rule to show cause why the ap pearance entered for the defendant in this case should not be set aside, and himself discharged from custody. The defendant was arrested and committed to the custody of the Governor of the Whitecross-street prison in October last, and the appearance was entered by the plaintiff him self for the defendant. The Learned Counsel said ho was now furnished with an affidavit from the father of the de fendant, which showed that he (the defendant) was an in fant under 21 years of age in October, and is so still. The COURT-Take a rule nisi. WARINGIIAM V. DODGE AND GEACH. Mr. SWAN, on behalf of the defendant Gz.ach, moved for a rule nisi to sot aside the common appearance, and all subsequent proceedings as against him, on the ground that he bad not been served with any writ of summons. The affidavit of debt alleged that Dodge was served on the 18th of September, and Geach on the 19th. He had the affidavit of the defendant, stating that he left London on the 14th of September for Merthyr Tydvil, Bristol, and other places, and did not return till the 28th of the same month. He had also the affidavit of the defendant's son, who accompanied him to the coach on the 14th ; saw him off; was acquainted with the nature of the business he went upon, and he swore that his father did not return until the 28th ; there fore it was quite clear that he could not have been served upon the Rule granted. NEW TRIAL PAPER. CAIRN V. BRICE AND ANOTHER. The Loan Cniar BARON read over his notes of this trial, from which it appeared that a Mrs. Morgan lived separate from her husband ; she h a d some property which had been settled upon herself, from the proceeds of which she had taken and furnished a house for herself. Her husband became involved, and was sued by the plaintiff. They obtained judgment against him, and, under it, seized the furniture so acquired by the w ife. At the trial the Jury found for the plaintiff. Mr. ERLE showed cause against a rule for a new trial obtained by Mr. Platt, and contended that the verdict could not be disturbed, because there could be no doubt but that the goods were the property of Morgan. It was the ordinary case of a married woman acquiring property, if he might use the term, and that the property imme diately became the property cf the husband. It had been laid down that a married woman could not maintain trover, —nor in the criminal law could a woman who was living separate from her husband, bnd having acquired property in the way Mrs. Morgan had done, and a burglar were to break in and steal it, an indictment could not be prose cuted by the lady, but must be laid as the property of the husband. Mr. Moony followed on the same side. Mr. PLATT, in support of the rule, contended that, as as the money was given to the lady for her separate use, and she having laid it out in clothing, &c., for herself and children, had applied it to the purposes of the trust, which would r.ot he satisfied until the clothes were worn out, and therefore the property still vested in the trustees. lie did not deny that the husband might have taken the property, and it might then have been seized, but in this case that had not been done, and therefore it had never become his property. Besides, as Morgon had been a bankrupt, an d h a d no t p a id fifteen shillings in the pound , if the prop er ty cou ld i n a ny way be said to be in the hus band, it would have vested, by Act of Parliament, in his assignees—they had nct claimed it, therefore be might infer they were satisfied it was trust property. The Court took time to consider the case. The Court could go no further in the new trial paper, in consequence of the absence of Counsel. The causes, how ever, were not struck out as at other times, absence at Cambridge being held a sufficient excuse. The Court rose at half-past one o'clock. MARLBORO UGH-STREET. (THIS DAB'.) A middle-aged person, whose appearance bespoke him to be in a state of utter destitution, and who was entered on the Police-sheet as the Rev. Denis Gillicurry, was charged with begging in the street. The priest said that he was not begging, but was merely soliciting the gentlemen to examine into his case, and see with what liarshness and injustice he had been treated. He had been brought up at Dul,lin University, and was ordained by the Bishop of Down, who received the highest character of him from the University. The living he was preferred to was, however, taken from him by his Lord ship on the alleged ground of his having formed an at tachment for a married woman, which charge was never proved against him, nor was he guilty of it. Mr. LosQ said he was sorry he could do nothing for him, and ordered him t.) be discharged. THE MARKETS.-(THIS DAY.) COLONIAL MARKET. Prices were steady for all descriptions of Produce, but there was little business done privately, and the public Sales were of little consequence. For next week several large sales have been declared. The imports keep light. TEA MARKET. Prices were film for all kinds of Tea, but there was little business done in any description, large public sales having been deelaled. TALLOW MARKET. This article sold slowly both on the spot and for arrival, but holders were not disposed to sell first quality under 475. 3d. per cwt. The stock continues on the increase. HAY-MARKET. There was a fair demand, and the supply being but mo derate, former rates were fully supported. Closer Hay 31. 10s. to 51. 123.; Meadow 31. to 41. 10s. ; Straw 11. 9s. to 11. 12s. MONEY and COMMERCIAL NEWS. CITY, TWELVE O'CLOCK._ LIVERPOOL COTTON MARKET, WEDNESDAY. —The sales in Cotton to-day are 2,500 bags, with no material change in the prices. LIVERPOOL SHARE LIST, Nov. 11.—Chester and Bir kenhead, 344; Eastern Counties, deb. 44.; Grand Junction, 214 ; Great Western, 83i ; Fifths, 7i ; Liver pool and Manchester, 185 ; London and Birmingham, 164; Manchester and Birmingham, 22. The Market remains much the same. The Batavier Dutch steamer has arrived, bringing Dutch papers of the 10th November, and Amsterdam prices of the 9th of November. Two-and-a Half per Cents. 50i ; Five per Cents. 97 1-16 ; Ardoin's 20i 5-16. We has e received the Journal of Antwerp of yesterday' date. BOURSE OF AMSTERDAM, NOV. 9.—The prices, which were on the rise since yesterday owing to M. Sauzet being nominated as President of the Chamber of Deputies, and the rise at Palls have again improved our prices, never theless there was not much doing. The Actions of the Society of Commerce went up 1 per cent. The Foreign Funds were firm ; Ardoin's Spanish remained at 20 5-16ths. We have received Montreal Papers to the 231 October. State of Trade, Buffalo, Oct 13. The past has been A heavy week with our dealers generally. Commission mer chants and forwarders are doing a large trade in their re spective departments, and the amount packing for the country dealers augurs well for those engaged in grocery and hardware line. In the general market there has been considerable activity, but in most instances at reduced prices. The Lumber Trade on the Ottawa River.—lt is unne cessary to offer any apology for submitting any details con cerning a trade of such magnitude, and one which involves to many different interests in its various operations. Every fact which can be collected concerning this branch of our trade we consider it to be important to be known, and we trust they will not be deemed altogether void of interest to those more immediately concerned. From the opening of the navigation on the Ottawa, 1840, till the fall, the following quantities of timber have been disposed of:— All descriptions of timber, 33,217 pieces, 697,556 cubit feet, making in all for the season 203,476 pieces, equal to 9,103,111 cubit feet. Baron James de Rothschild has arrived at Brussels. The French mail of Tuesday has arrived. Accounts have been received of the submission of the island of Candia to the Porte. THE FUNDS. The only arrival this morning of any consequence is the packet-ship Garrick, from New York, with papers ito the 27th ult., which do not contain any news of mportance. Exchange on London 84 9; United States Bank Shares 66L Consols opened this morning at ;the leaving off prices of yesterday, at 89H for the Account ; Money the same, with little or nothing doing as yet ; Exchequer Bills, par, 2 prem. ; Bank Stock, 158 160. In the Foreign Market Spanish Active left off at 22 : 14 at present 2941 ; Deferred 10i 11 ; Passive 4-1 ; Por tuguese nothing doing as yet; Mexican, 29 i; Colombian, 25i ; Brazilian, 73 75 ; Dutch Two-and-a- Half per Cents. 51-1- ; Five per Cents. 98 99. SHARES.—Great Western Railway, 19 20 proem. ; Lon don and Brighton, 124 12 dis. ; Blackwall, 541 die.; Birmingham, 74 76 prem. ; Southampton, b 2 53 per share. PRICES OF SHARES THIS DAY AT ONE. RAILWAYS. Paid. Per Share. Great Western Ditto New London and Brighton - ... to London and South Western 3Bl 5 2 4 14 ... to London and Croydon (Trunk)... 134 114...... to JOINT STOCK BANKS. Union of Australia.. Ditto New Shares 5 - MISCELLANEOUS. Ship Owner's Towing Company 61- to PRICES OF IRISH STOCKS, DUBLIN, NOV. 10. 3 per Cent. Consols Three and Half Stock 96i ;Grand Canal Stock .. Ditto Reduced ...... 1 Ditto Debs. G per cent... Ditto New, 1530 ...... 961 1 Ditto 4 per cent 3i per Cent. Debs. HALF-PAST ONE. The new decree of the Queen of Portugal for the con version of the external debt and the resumption of the pay ment of the dividends, by a new Five per Cent. stock, has caused somo stir amongst the bondholders, most of whom are likely to embrace the conditions in the decree. We hear that a meeting of the Bondholders will be called to take it into consideration. Coes°ls continue buo:)ant at 891 for the Account; for Money there is a decline of per cent, 89i ; Exchequer Bills, par, 2 prem. ; India Bonds, 14 dis. ; Bank Stock, 159 159 i ; India Stock has receded 4 per cent, 239. In the Foreign Market Spanish Active has improved to 22, 1 ,-; Deferred, I 1 ; Passive, si ; Portuguese im proved to 361. owing to the new decree, which is gene rally thought to be good for the Bondholders ; Colombian, 054 ; Mexican, 29, 1 i ; Dutch Two-and-a- Half per Cents., 511 ; Five per Cents., 981. In Shares little doing. Great Western, new, 48 47i; London and Brighton 27i ,1; South Western 521 ; Croydon, 111. WOOLWICH-WEDNESDAY. ROYAL ARSENAL—The greatest activity prevails in this extensive establishment, and sixteen workmen have been added to the laboratory department. The Queen ordnance sloop is loading to-day at the east wharf with a large quan tity of military stores, for the purpose of being conveyed to Portsmouth, where they will be put on board one of the line. of-battle ships for conve3ance to Syria. Amongst the implements of war there is a complete light field battery of eight-inch howitzers, with gun carriages and ammunition boxes complete ; several camp carts, for conveying shot and shells, and others for ammunition, to the troops, only used when a protracted warfare is anticipated. There is a smith's forge accompanying this battery, with all its appendages and tools for working in the field. It is mounted on a carriage similar to those used for the guns, and can be rendered available for service at a moment's notice, when it would not be possible to obtain assistance for repairs by any other means. A powerful sling car, mounted on four wheels, the largest being ten feet in diameter, has also been made to accompany this shipment of stores. It is generally used for removing large guns or howitzers from one place to another when permanent stations are occupied, or from one portion of a battery to another when the guns have no wheel-carriages attached to them. Those entrusted with the despatch of these stores arc using every exertion to get them forwarded with the least pos sible delay, and it is expected they will be all shipped so that the vessel may be able to sail at high water to-morrow, and from the urgency of the case, it is probable the Queen will be towed down the River by one of her Majesty's steam-vessels. In addition to this large cargo the Queen will convey fifteen of the 32. pounder guns intended for the Indus, recently commissioned by Sir James Stirling. Seventy-two of the 32-pounder guns intended for the Caledonia arc now ready, and will be shipped by the first opportunity for service or. board that vessel. The Duke of Somerset ordnance sloop arrived at Wool wich yesterday, from Portsmouth, with old stores, and will be loaded again immediately with articles for conveyance to the former place. The guns of the Rhadamanthus have been examined and found perfect, and, having been newly varnished, arc ready for service in the same vessel. IRELAND.— THE CHANCELLORSHIP.--It iS not a little remarkable that the Court of Chancery was re presented upon the first day of the present Term, by a Roman Catholic Master of the Rolls, and a Presbyterian Master in Chancery. Upon the same day the Head of the Court called his eldest son to the Bar. We believe that each of these circumstances is unpre ce d ente d i n our annals of legal events. This incident presents, in' a very promi nent point of view, the very absurd an oma l y i n our laws, by which a Roman Catholic is called upon, in the absence of the Lord Chancellor, to perform the duties of that of fice, and is yet prohibited from attaining the dig n ity. H e is legally qualified to perform the duties, but is held un fitted to hold the rank I Can anything more strongly pre sent the blind bigotry of those who, in I $29, insisted upon reiaining that insulting remnantof a barbarous penal code ? or more forcibly illustrate the good sense and clear-sight edness of the Duke of Wellington and Sir Robert Peel, who introduced and passed the Emancipation Bill th roug h the House of Commons without the addition of that de ' grading and irritating mark of political inferiority ? , Dublin Evening Post. SIAN BANK. THE BRITISH AND AUSTRALA- 1 TO THE EDITOR OF THE SUN. sn —'rhe report contained in your paper of Monday of the proceedings at the Mansion House, relative to the dishonour of certain bills of exchange, drawn on the " British and A us t ra l as i an B an k," or, on their managing Director, Mr. Frederick Boucher, by his brother, Mr. Charles Boucher, in the month of April last, has naturally excited great anxiety in the minds of all parties connected with the Australasian Colonies, and especially of such of them who may not have taken pains to make thems e l ves proper l y acqua i n t e d with the comparative claims on public confidence set forth by the various banking establishments formed in Loudon during the few last years. Attention, however, has been very recently directed to this subject, and, until I perused the report above ra.ferred to, I must confess that I had (probably like too many others connected with those Colonies), at tached no great importance to the previous complaint reported in the London papers, as to the proceedings of the " British and Australasian Bank ;" but, on looking over the file s o f A ustra l as i an papers, I f ee l utterly astonished that parties connected with these Colonies should have so wholly disregarded, and failed to report to the English public, the oft-repeated, and apparently undeniable statements of facts therein contained, and arguments urged relative to the pro ceedings of the Bank in question, during the last two or three years. I have taken the trouble to transcribe from those papers a few remarks rel a ti ve to t h e sa id b an k , w hi c h I enclose herewith, entre a ti ng you not to d e l ay t h e pub lication thereof, or of such extracts as you may deem expedient to make from the Adelaide and Sydney papers, which are filed at Lloyd's, the Jerusalem. and other City Coffee-houses, with a view to enlighten the public as to the notoriously unjust acts of the so-styled British and Australasian Bank during the last two years, and, as t o th e necess ity that casts i for those who are ntending to emigrate to these colo nies to resort only to those establishments whose credit is firmly based on large paid up capital, and whose affairs are managed by Directors of high commercial standing and known respectability. The public exposure which has already, on two recer.t occasions, been made as to the mode of transact ing business by the British and Australasian Bank (55, Morgate-street), and the further exposures which will doubtless result from the measures already taken by Messrs. Bass and Co. will, it is hoped, afford a suffi• cient warning to all intending emigrants, and other par ties having occasion to make remittances to, or receive remittances from, the Australasian colonies ; but I can not conclude this letter without repeating my regret and surprise that the numerous articles contained in the Australasian Papers, from which I have made the few extracts now sent, should not have been deemed of suf fici,nt importance to induce the public press to report and animadvert on them for the information and warn ing of the numerous bodies of emigrants and others who have of late years embarked, and are about to embark, their capital in those colonies. I am, Sir, your most obedient servant, London, Nov. 10. VINDEL Extracts from the Australian Newspapers on the sub ct of the British and Australasian Bank ( From the South Australian of Aug. 7, 1839.) From information just come to our knowledge, we think it right to caution intending emigrants and others in Eng land against taking the bills of this pretended Company which are being issued upon Adelaide. No less than three of their bills have appeared there, two drawn upon Mr. Charles Boucher, and one upon the Local Directors of the British and Australasian Bank, Adelaide. Now the public should be informed tha there is no such bank at Adelaide, and there never was, nor any person or persons whatever in this colony to represent such a concern, or to cash the bills. There was a person of the name of Charles Boucher in this colony some time ago, and he tried, in conjunction with another noodle, to get up a trashy bank, but the thing went to the dogs, and Charles Boucher went to the Mauritius, and nobody here will interfere in the matter of the payment of the bills upon him. One of the drafts we have alluded to was for upwards of 6001., and had it not been held by a highly respectable gentleman, he would have been greatly inconvenienced. ( From the South Australian Register of Feb. 8, 1840.) Our readers may recollect that some twelve or f ou rteen months ago we assisted to demolish in the most summary manner a flash banking concern, which was attempted to be got up in Adelaide by two individuals from the Mauri tius, calling themselves Boucher and Milne, &c. Since the departure of these worthies, however, drafts to very large ainounts, signed by Mr. Frederick Boucher, in conjunction with others, on Mr. Charles Boucher, have been brought to Adelaide, and have, of course, been dis honoured. These drafts purport to be drawn by an esta blishment entitled the British and Australasian Bank, 55, Moorgate-street, London, and are held by individuals who lodged the cash with that establishmcnt in London, in the erpectation of receiving it on demand in Adelaide. We need not add that the disappointment and sufferings of the holders, who on arrival here have been thus bubbled, are great. We think it right to state plainly that no individual con nected with the British and Australasian Bank is in Ade laide ; and what is more, that it is impossible but that some of the parties in London who sign these drafts could have been in ignorance of that fact. It becomes our duty therefore to state these matters, and caution intending emi grants against taking the drafts of the British and Aus tralasian Bank, 55, Moorgate-street, London, on their pretended agent here. The public may be p e rfectly sceure in taking the drafts of the South Australian Company's Bank, or of the Bank of Australasia on their establishments here, From the South Australian Registet of Feb. 22, 1840.) THE BUBBLE BANK AGAIN. We lately noticed the disgraceful conduct of the concern calling itself the British and Australasian Bank, established in No. 55, Moorgate-street, London. Since that time some important facts have come to our knowledge, with which it is our duty to make the public acquainted. It was known to Mr. Frederick Boucher, who is de signated as the Manager of the B an k in London, that his brother, Charles Boucher, on whom the bills on Ade laide were drawn, had left Adelaide for the Mauritius; and with the knowledge of that fact—with the knowledge of th e previous proceedings of his brother and Milne in the colony—did Mr. Frederick Boucher draw bills and give credits to Mr. Charles Boucher, to an amount, as far as we have ascertained, exceeding 6,0001. sterling. No arrangement was made to provide for the due honour of those bills in the event of the death or absence of Mr. Charles Boucher ; and the result has been not merely dis tressing, but absolutely ruinous to many poor persons who brought out here these bubble bills for every sixpence of cash they possessed in the world, and who cannot, of course, obtain an advance of even a shilling in the pound upon their credit or security. We earnestly trust that means will be taken in England to advertise intending emigrant s o f t h ese c i rcumstances, an ruin and that and the distress the that has recently been suffered from t h e gross negligence or misconduct of the parties whom we have named. (From the South Australian Register, of Feb. 29, 1840. Moorgate-street British and Australasian Bank. Late events ought to be a warning to intending emi grants, against imposition, and parties bringing their capi tal from Great Britain and Ireland to these colonies, ought to negotiate their business with the banks which have acquired a standing, and are known t. be undoubt edly good—the Bank of South Australia, for instance, or the Bank of Australasia, which latter establishment, from having branches in all the Australian colonies, affords irri_ mense facilities to emigrants. le a recent instance , several retire d serv ants of th e East India Company brought out the ir capital in adsrtafitsudoina Company, oin the 55, Moorgate - street concern, on M r. Ch arles Bouch er here, and these drafts being of coar s e dishon oured, the in dividuals mentioned would have be en in th e most deplor able condition, but for the interposit ion of Mr. ster,h___ ar cashier to the Bank of South Austra lia, who, We ~E" '!", e in _ formed, has in the mean time considerately advan ce d the t money, the p p a n a ay r n t ,cl ie b s y . d ra whomwn on th the e bu b ble Directors drafi s of were t the Fast over E h QUERIES FOR AN ACTUARY. regular subscriber to O a F re T g E your valuable Paper by answering the following Stß, T2 Yo T u H w E ill E m p uc l h T o ° bli ß ge as early as possible in your " Notices to 17 -orresponlentsle•" A gentleman, between twenty and thirty y ears of ag is in immediate want of one hundred guinea s ; he h e s ' effected an insurance on his life for `2OO/., i n a res ea. able office, and is willing either to make a bonafidePsale of the policy tor the one hundredhe 2001, at giving the purchaser all right to the at his (the gentle man's) decease, or he will.sborrowof the the money and de posit the policy in the i hands tthe lender, by way of security, giving to the said dtb lender right to receive the whole of the 2001., slicul e gentleman die before the borrowed money i s paid. Good security will be given for the payment of the annual on policy, and to make "assurance doubl) o ' r sure," arrangements will be made for the purchaser lender himself to pay the premium. Now, Sir, do you think that th e the gentleman in ques tion will be able to obtainsum want e d b y e i ther of d means . and f so, wh ere do y the above-name i you think it would be best to apply ? By giving an early answer to the a b ove queries (if possible in your Evening Edition to -morrow, of to- orrow, Wed eesday) you will much oblige, Sir, your's, very respectfully, CLERICUS. [We cannot venture to answer the question. Per haps some of our calculating- readers will ; at all events, information might be had at any respectable Assurance Office,—ED. Sun.] AND whe n K th :N G trainS - had reac,l,ied Sandymount Avenue, the -.------ D ga t: l : r : wh en the half -put seven o'clock train TOWN RAILWAY.-- ACCIDENT 0 N D T; I : E in gr:at violence off the rails. The engine a o wx n al se Sunday tehfr oth,ven morningwit with engine upset, and most of the second class carriagas were smashed to pieces. We are happy to add that no person sustained the slightest injury. The engineer was thrown with vio lence under the engine, but fortunately escaped, h av i n g been removed from bis perilous situation unhurt.—Dublin Evening Post. IN RE WILLIAM SMITH AND JOSIAH SMITH. TO THE EDITOR OF THE SUN. SLR,—In your evening edition of Wednesday the 28 h ultimo, you published a Report of the meeting under this hat, which has been pointed out to me as so replete with blunders as to facts, circumstances, and even the names of the parties, that I am induced to throw myself on your well-known candour for the admission in your valu able columns of a corrected statement of what passed on that occasion—the more so because, having for the last thirty years maintained an extensive business connexion in every principal city and town in the kingdom, and being personally known in the several respectable commercial rooms of such localities, where your Paper is extensively read, I can but feel the deepest interest that all statements should be fair and impartial. Our debts and " liabilities" were stated at 23,0001. Our " liabilities" were on bills of exchange, several thousand pounds of which are already discharged by the acceptors or indorsers. The firm is " William and Josiah Smith ;" there is no ‘• Richard Smith" in the firm. The property in Scotland is that of the film. The junior partner has shown no separate estate either there or elsewhere, having been taken into partnership without a shilling capital of his own, after serving his apprenticeship to me. The official assignee never allowed me 41. per week as maintenance. The examination was before Mr. Commissioner Fanc, not Mr. Commissioner Evans. The allowance awarded to me was the same as to my junior partner, viz., 2/. 10s. per week, he having but him self and three infant children (the eldest not six years of age) to maintain. In applying for an increase, 1 stated the heavy burden that was on me—an ailing wife and five grown-up children (the youngest in her sixteenth year), making seven adult persons out of situations, and wholly dependent on this 50s. per week. That I had within the last few years brought in from my private estate many hundred pounds to support the ci edit of the firni—that I had sold off the whole of my furniture at Walworth in January last, and applied great part of the proceeds to the uses of the firm—removing my family to Edinburgh, where I took a furnished house. And now my misfortunes, having broken me down, I had neither home nor bed. 1 also showed that my private estate, consisting of freehold, copyhold, and leasehold property, in London, Brighton, and Dublin, also life insurances, and other matters, after paying 20s. in the pound to my separate creditors, would yield a very large sum in liquidation of the joint debts. The L:arncd Commissioner Fane inquired of the official assignee if he had any complaint to make of the bank. rupts ? The immediate answer was " No." The Learned Commissioner then commenting on my case, said I had shown not only that my necessities called for an increase of the allowance, but I had also shown a large, " a very large," private estate, and that therefore I was entitled to a more liberal allowance—that it must be borne in mind where a man had liabilities on him for 20,0001. he must be content with a very moderate income for maintenance. He had no power to order an increase, but he kindly and earnestly recommended to the assignees that 30s. per week be added from the date of the fiat, making my allowance 4/. per week. With respect to the logs of mahogany in the hands of Messrs. James Duncan and Cu., Leith, your report is pretty correct, with the exception that the Learned Com missioner did not decide the question, but allowed the proof without prejudice, leaving the matter still open, (which applies also to logs to a large amount in the hands of others.) I am, Sir, }.ours respectfully, London, Nov. 10, 18-10. ViM. SMITH. [Commissioner Evans's name was on the paper of the day, and the reporter, therefore, concluded, that he heard the case. But that, as well as some other points, to which Mr. Smith objects, are very immaterial, and on others he complains without reason. " The official assignee," he says, " never allowed me 41. per week." The report states nothing of the kind, but, on the contrary, states very cor rectly, according to Mr. Smith, that the allowance awarded was 21 103. He ought to know also, that the way in ‘shish business is conducted in this Court renders it difficult at times to give all the names correctly. POST-OFFICE REGULATIONS. TO THE EDITOR OF THE SUN. KELLY, SATURDAY EVENING, Nov. 7, 1840, (Being about Four Hundred and Twenty Miles from London.) SIR,—Now that we have got penny postage, from the Queen's Ministers, let us try to get our foreign letters and newspapers sent direct through London on Sun days, in place of lying thirty-six hours there, as they often do. This letter will be with you on Monday morning, the course of post bei ng now a b out t hi rty ' hours, during which very same thirty hours the whole news of Europe—and very likely that from China—will be lying snug at S:. Martin's-le-Grand ; for everything which reaches Landoll on Saturday evening, and during all of Sunday, and up to six o'clock on Monday mornings is laid on the shelf there, according to the old-fashioned notions of Sir Francis Freeling. If this were really to serve any good purpose,it might be submitted to with patience ; but knowing, as I well do, from indisputable evidence, as well as from Parliamentary Returns made to motions of my own, that it is not so, I mean here to show the people of England, Ireland, and Scotland, whose letters pass through London, as the immense proportion do, how they are hoaxed and hunabug4ed by those who rule the roast at the General Post-office in London. For it is not to be overlooked that foreign letters and newspapers for the district of England whose mails do not run through London, get their correspondence without am stop of hindrance whatever, on Sundays the same as on other days. Further, I be'4 to repeat, that lam speak. ing of foreign mails only being detained in London. The ostensible reason is the prevention of Sunday desecration. The truth is, that the whole desecration, whatever it be, is regularly incurred in London now, and very highly and specially paid for ; and yet our foreign mails are kept in London from six o'clock nn Saturday night, if they arrive about or later than that hour, until Monday morning at 8 o'clock, when they arc sent off by the morning mails; while the mail coaches and other con veyances of Sunday morning and Sunday evening, all in full array, have been sent off empty—literally empty, from London. But it will be alleged that receiving the mail bags, and sorting the letters and newspapers has been avoided ; and thus that all the public servants in the General Post-office have had a day of rest, and Church attending, should they choose so to spend it. Nothing is further from fact, because foreign mails are forwarded on Sunday, and received at any hour of the day or night, of Saturday or Sunday ; and a special force is kept constantly in attendance at St. Martin's-le-Grand, for the express purpose of not only sorting the contents of the foreign mail bags, but also for delivering them about and around London on Sundays, to the Ministers of State, and every public office. Nay, more, this is done by special messengers, who of course lose their Sunday devotions as the clerks and sorters in the Post office do. One of my Parliamentary returns shows all this. Well, but why are the mails not sent forward from London, seeing that the conveyances, with guard and coachman, proceed as formerly, and as regularly on the Sunday mornings and evenings as if the bags were in the boots, and keeping in mind that every thing had been sorted, and made all ready during the day for chucking into the coaches? The why is the crambo— the Post-office secret—the something the big wigs at St. Martin's-lc-Grand hate to hear mentioned ; because, by a mere possibility, it might endanger, as they chose to fancy, their Sunday jollifications in town and country. The contents of the foreign mails, I repeat, are all ready made up on Sunday for being chucked up to the guard, sitting with a coachman on a coach with empty boot, and the roof unloaded, and all highly paid for to contractors out of the people's pockets ; but such is the love and respect for beef and plum-pudding on Sundays in London, as to bear away the bell against the inhabitants of all England, Ireland, and Scotland, who do not get their foreign correspon dence and news on the Dover side of London. Sunday desecration, mind, is of no account on the Dover side of London. The fate of Europe will proably be slum bering in St. 'Martin's-le-Grand, while this is en route to you ; and the philanthropist, the politician, and trader of every degree, must wait patiently for the dis closure until the door creaks there on Monday morn ing, " big with the fate of empires," rather than disturb the Champagne, or accelerate the bees-wing in the claret of the joyous sons of the coach and horn department. So be it, said old Freeling—so be it, his successors say, —and so be it, say 1, so long as the people of these kin , donas will suffer themselves to be so monstrously imposed upon under the veil of religion ; while not a particle of piety, morality, or true veneration for holy things can have' any share in the matter, just becauseli is impossible as respects the foreign mails. If the poo mail-horses bad tongues which could speak, they would tell the difference between the accumulated weight on Monday and that of the usual collection ; but as they cannot do this, I will just in their behalf say that send ing forward the foreign mails for the north of England, Ireland, and Scotland, would be merciful to them. Sir, your obedient servant, ROBERT WALLACE. A LEARNED HORSE.—For some weeks past a most extraordinary horse has been publicly exhibited at the rooms in Windsor, by its owner, Mr. King, late of Ips wich. Several of the members of the Royal Household have, at various times, honoured the public rooms with their presence, amongst whom were the Earl of Erroll, the Earl of Uxbridge, Lord Alfred Paget, the Hon. C. A. Murray, Colonel Wylde, Mr. G. E. Anson, Colonel Cavendish, &c. The fame of the horse having reached the ears of the Queen and Prince Albert, her Majesty commanded the owner to attend with the horse on Tuesday morning at the Castle. Amongst the performances of the horse, at the command of the Queen, was his spelling the word " Albert," by selecting the letters, which were printed on cards, and placed amongst several others on the table before him. Each letter, as he took up the card in his mouth, was placed in the hands of the Queen. The horse next spelt " Victoria" in the same manner. The horse, after having drawn a cork from a bottle with his teeth, which required the exercise of considerable force, next picked up from the floor a hen's egg with his lips, and afterwards managed to place it in his mouth without break ing, or even bruislting, the shell. At the conclusion of the performances (which lasted upwards of an hour) her Majesty passed a high encomium on the animal's skill and sagacity. The Brighton Rail-road Company having just called in all their money, for the purpose of completing the line forthwith, a great number of additional men arc in full employ at every part, and we have reason to believe the 'hole will be complete by next summer. The weather at present is certainly very favourable. ELECTION OF HIGH STEWARD OF CAMBRIDGE UNIVERSITY. WEDNESDAY, OCT. IL—The election for the High Stewardship commenced this morning at nine o'clock, at which hour the Vice-Chancellor, the Rev. Dr. Graham, Master of Christ's College, accompanied by the Proctors, Scrutineers, and the Esquire Be dells, entered the Senate-house, and took his seat at the head of the hall, at a table which was placed there, on which was the box for re ceiving the cards of the voters. On either side of the Vice-Chancellor sat a Proctor, and on his extreme left sat the Scrutin eers , four in number, w ith p r i n t e d lists of the nam es o f the Masters of Arts qualified to vote. The Lyndhurstians had not the shouting all their own way ; for every time they gave three cheers for their favourite, they were answered heartily by three more from the Lytteltonians, who principally consisted of Trinity and King's men. Several favourites on either side were also honoured during the day by similar marks of applause, with the exception of a Fellow and Tutor of St. John's, one of Lord Lyndhurst's leading supporters, Mr. Crick, of " verbal accuracy" noto riety, who received such a quiet and dignified contradic tion the other day from Mr. Blakesley, of Trinity, through the newspapers, when the reverend public orator had asserted, with the appearance of official authority, that St. John's had declared for Lord Lyndhurst. When a cheer was attempted for Mr. Crick, by some solitary Johnian, in the gallery, it was answered by three groans. loud and deep, and a hearty guffaw of laughter. At a few minutes past nine, the first vote was given for Lord Lyndhurst. The five next also followed on the same side, when Lord Lyttelton's friends began to succeed each other at the table in tolerably quick succession. Majority for Lord Lyndhurst, 128, when the poll closed for the day. A great many of the lawyers voted this day for Lord Lyndhurst, amongst whom were—Baron Parke, Sir Launcelot Shadwell, Messrs. Wigram, Jacob, Cresswcll, Platt, Turnor, &c. The Duke of Rutland, Lord Au gustus Fitaclarence, Lord Burghersh, the Marquis of Exeter, and Mr. Goulburn (member for the University), voted also for Lyndhurst. The Bishops of Hereford, Norwich, and Lichfield, the Marquis of Northampton, Lord Melgund, and Mr. Pryme (the Member for Cambridge), voted to-day for Lord Lyttelton. Lord Lyttelton was present in the Senate House during the day, and wherever he stood he was sur rounded by a crowd of warm friends. Lord Lynd hurst made his appearance in the body of the Senate House, at about half-past two, and was received with tremendous and long-continued cheering by the enthu siastic young politicians aloft. His Lordship looked extremely well, and in excellent spirits. It was highly interesting to see some of the old heads of houses, and one particular old officer of the Uni versity, Mr. Henry Gunning, who has been Esquire Bedell upwards of half a country, recognising their old friends, and heartily welcoming them once more amongst the classic scenes of their youth. One of these visitors could not be less than eighty years of age. I ant sorry to add—especially if he be (as no doubt he is) a conscientious clergyman, and has children and grand ; children—that he voted more with regard to his politics than with a view to the cause of mo rality and true religion. The following circumstance, which occurred shortly before twelve o'clock, is wor thy of mention, as it shows the downright political hue which the contest has assumed, in spite of what the more clutious friends of either party would prevent, if it were really possible by any means to do so. A mas ter of arts came up to the table, and having presented his card according to the form of the Vice-Chancellor, his name was announced to the scrutineers who pre sided over the printed lists, and there appearing a serious doubt as to whether it was on them, or about some other point which to those at a distance was not obvious or audible, the Vice-Chancellor handed him back his card, and there was a pause for a moment, during which the lookers-on thought the vote was re jected. Instantly, however, the scrutineers appeared to declare that it was all right, and the Vice-Chan cellor then taking the card, dropped it into Lord Lyt telton's department of the box. Lord Lyndhurst's un dergraduate partisans in the gallery raised on the instant a terrific groan for the Vice-Chancellor, implying merely that the deci s i on was un f a i r. T he groaning and hisses having continued for some minutes, alternated DOW and then by the loud hurrahs of Lord Lyttelton's friends, the Vice-Chancellor at length rose, and very mildly ad dressed the young men in the gallery. Ile said that in dulging in political feelings on such an occasion, on either side, was highly unfair. This appeal was attended to for a short time, when the row again commenced. and each party, at short intervals, kept up their re spective fire across the gallery. Several ladies passed in and out of the Senate-house during the day, and many gay and fashionable equipages drove about the King's Parade, and through the streets adjacent to the Senate-house, attracted by the all-interesting matter at issue. From this eircumstince it may be fairly calculated that the contest to-morrow will be of a much closer nature than was at first expected. The bustle and anxiety which arc to be observed in every quarter of the town, and within the colleges, form a striking con trast to the dulness and monotony of yesterday morning. 'there have been some pasquinades flying about on both sides. Whole crowds of Lord Lyttelton's voters arrived about an hour before the close of the poll for the day, but could not get up to the table to vote. The great rush during the last two hours was made by the lawyers, nearly all of whom may be said to be polled out. The majority, therefore, is not so much to be surprised at, or depended upon as prognosticating a final triumph for the Lyndhurst party. If Lord Lyttelton's friends will only come up as briskly to-morrow as they did towards the latter part of to-day, the good cause has nothing to fear. LLOYD'S SHIPPING-(THIS DAY.) LONDON, Nov. 12.—Wind this day at noon, light south-westerly airs, with a light fog. DEAL, Nov. 11—Wind N.N. W., P.M. S.—Arrived the Louisa Munro, Silk, from Calcutta ; Calcutta, Quc bec ; Penelope, ditto; Sir William Binsley, ditto ; Janc Cummings, Rees, Sierra Leone. • LivEßiooL, Nov. 11.—Wind variable.—Arrived the Tiber, Lamb, from Bahia, sailed Sept. 10 ; Garrick, Palmer, New York, sailed 26th ult. ; Bengal, Hicks, Marhnharn ; Alliance, Marshall, Mobile ; Susquehannab, Philadelphia ; Westchester, New York ; Earl Percy, Gordon, Quebec ; Burrell, ditto; Ville de Naples, Mar tino, Licata. Sailed George, Robertson, for New South Wales; Elizabeth Buckham, Bubley,Valparaiso ; Chandos, Wigliton, Monte Video ; Marianne and Pauline, Wilkin, La Guayra ; Mary Wylie, Miller, Hayti; Alice, Anwyl, Barbadoes ; Ruby, Paul, New Orleans; Jane Walker, Gillies, Mobile ; Viola, Talma, Boston. Off port, the Rocket, from Africa; Gossypyism, Quebec. STANDOATE CREEK, Nov. 11.—Arrived, the Elizabeth, Nl'Laren, from Mogadore. PORTSMOUTH, Nov. 11.—Wind fresh, variable breezes. —Arrived, the Europe, Grebb, from Quebec. DARTMOUTH, Nov. 10.—Arrived, the Notion, Wake barn, from Labrador. Ilt'LL, Nov. 11.—Wind N.W.—Arrived, the Racer, Curtis, from Xabia. PLYMOUTH, Nov. 11. Wind N.W.--Arrived, the North Star, from Kertch. FALNIOUTII, Nov. 10.—Wind W. N. W. to W. S. W., fresh breezes.—Arrived, the Vigilant, from Pernambuco. BRISTOL, Nov. 11.—Sailed, the Thomas Perry, for Jamaica; John Cabot, Wood, Africa. GLOUCESTER, Nov. 11.—Arrived, the Bragilla, Richards, from Quebec ; William Walker, Moon, ditto ; Elizabeth and Mary, Jackson, ditto. LLANELLY, Nov. 10.—The Thomas Kennion, Don nison, from Quebec to London, was brought into this harbour last night, having been boarded by some pilots, very near the Breakers in Carmarthen Bay, during a heavy gale. Her mainmast is sprung, hull damaged, and nearly all her sails blown away. YARMOUTH, Nov. 11.—The Walthon, of Sunderland, Biekwolt, is in the roads, in tow of a cutter, with loss of both topmasts. SHIELDS, Nov. 10.—The Norfolk, Burns, bound to London, put back yesterday morning, leaky, but has pro ceeded to-day, after having discharged and re-shipped part of her cargo. MILFORD, NOV. 10.—The William Miles, Sampson, from Liverpool, hound to Bombay, has put in here with her figure-head and cut-water damaged, having been run into by a schooner, 6th inst. RAMSGATE, Nov. 11.—The Patriot, Stroud, from Lon don to Plymouth, in entering this harbour, struck the East Pier, carried away her bowsprit, &c., and has been as sisted iuto Broadstairs. DARTMOUTH, Nov. 10.—The Ceres, Wabgrin, from Wishy, bound for Marseilles, hes been towed in here to. day, with six feet water in her hold, having sprung a leak, and has been laid on the mud. CARDIFF, Nov. 10—Arrived Maria, Jones, Quebec. SWANSEA, Nov. 10.—Arrived R. N. Parker and Ritson, Johnson, from Cuba ; New Volunteer, Wills, Williams, Richardson, Bravo, England, Quebec. NEWPORT, Nov.ll.—Arrived Monkvvearmouth, Quebec. SOUTHAMPTON, Nov. 10.—Arrived Pilot, Robertson, from Quebec ; \Volga, Thom, Odessa. COWES, Nov. 1 i.—Arrived Carl Tustees, Erich°, from fiLvannah ; Sortille,•Loning, New Orleans. WORKINGTON, Nov. 10.—Sailed Horatio, Sioebrsroral:efornoeni KINGSTOWN, Nov. 1 0 .—Arrived Spey, D Quebec. CoRK, Nov. 9.—Arrived Chieftain, Pennington, from Quebec; Norna, Snowden, St. John's N. B. ; F r i edland Murray, Havannah. Off port Camb r id ge, from Prince Edward's Isle. fromSUNDERL bec. D, Nov. 10.—A rr i re d Cypress, Farmer, Que AN wrecked f e r d o m i P n rince e Edward's Island to this port, was totally BIDEFORD, Nov. 10.--Th e C o lli na, Potter Bay, during a heavy gale, last night; the master and three of the crew drowned. SuoaEttam, Nov. 11.—The Claude, Minter, and the schooners Despatch, Carried Th Puppis,, Emma,- wi aey and Margaret, Janus, have received daimg* Consequence chain hav,iNngovb.ee,r.trice of the harbour mooring- CORK Sc., and m a ki ng . 10, with loss of Li L b bulwarks, lir e v r a p r o k o s l , ' r ‘ o v u a i s i d s li p o o u k s e e n with in lat. 48 , i on, 16 hours, on thea''e 1 r B o th ro u N it. . , N lw . h E e . n to ia N ls . t N . tered hurricane 2?,- ft. of wate r p er h our , having encoun- Freidland, M urray, arrived here. n, which s lasted 5, by the THE ARMY. (From the United Service Gazette.) WARRANT REGULATING THE APPOINTMENTS AND PAY OF ARMY MEDICAL OFFICERS. VICTORIA R , Whereas it has been represented unto us, that the rank of Assistant Inspector of Hospitals can Le dis pensed with ; and that with a view to extend the means of promotion in the medical department of our army, it is expedient to institute a second class of staff sur geons, who shall, in rank and pay, correspond and be on a footing with the regimental surgeons, and at the same time to improve the pay and advantages of the first or superior class of staff surgeons. We are there fore pleased to direct, that from and after the date of this our warrant, all former rules and orders respecting the titles, ranks, periods of service, and pay of the me dical officers of our army shall cease and dotes mine ; and that this our warrant shall, from and after the Ist day of October 1840, be considered the sole and stand ing autholity upon this subject. 1. The medical officers of the army are in future to be distinguished by the following ranks and commis sions, viz. :—Assistant Surgeon, Regimental Surgeon, and Staff Surgeon, 2d class ; Staff Surgeon, Ist class ; Deputy I nspector- G eneral of Hospitals ; Inspector- General of Hospitals. 2. ASSISTANT SUIIGEON.—No medical candidate who has not passed his examinations at the Royal Col lege of Surgeons of London, Edinburgh, or Dublin, shall be eligible for this commission, and the Assistant Surgeon must have served on fall-pay five years be fore he shall be eligible for promotion to the rank of Regimental Surgeon, or of Staff Surgeon of the second class. 3. Regimental Surgeons and Staff Surgeons of the sceoni class must have served ten years in the army on full-pay before they shall be eligible for the next step of rank. 4. A Staff-Surgeon of the Ist class must have served three years at home, or two years abroad in this rank, before he shall be eligible for promotion. A Deputy Inspector-General of Hospitals must have served five years at home, or three years abroad in this rank, before he shall be eligible for promotion to the highest rank of Inspector-General. 6. The rates of daily pay for the before-mentioned ranks are to be in future regulated by the length of time which the officers of each class shall have served upon full-pay according to the annexed scale ; provided always that whe❑ any officer is hereafter promoted he shall com mence upon the minimum pay of his new rank, not withstanding his length of service, agreeably to the said scale, may give him a claim to a higher rate of pay, as before he shall be allowed such higher rate of pay he will be required to serve on each inferior rate of pay attached to his rank, the following period, namely, one year, if he had been in the medical department an tecedently to 29th July, 1830, and two years if he re ceived his first medical commission subsequently to that date ; but if the officer thus promoted had higher pay in his old rank than the minimum of his new rank, he shall commence upon that rate of pay which may be next above his former pay, and before he obtains any further increase shall serve the period above pre scribed, viz. : RANKS. Rates of Daily Pay subject to the above Provisions. After 25 ! After years' 'but under actual 25, actual! service. I service. I Assis ant Surgeon 11:0 :0 Regimental Surgeon and! aft . Surgeon, Second Cla , s - 1 •2 0 StaffSurgt on, First Clascl 1 4 (1 Deputy luyp.etor Gene-I I I l 0 0 Cal Of Ho' iutls Inspector General of Hospitall i 0 0 40 10 U After 10, ;Ler lu ,but under' )ears' tO, actual actual service. I NCIViCe. 10 0 1.4:L) 015 0 015 0 013 0 1 2 0 0 111 0 ... 1801 1 4 0 HHO 1 16 0 7. In addition to the pay of their ranks, the cflicers at the head of the medical department on foreign sta tions shall receive allowances at the undermentioned rates when serving under the following circumstances : If with an army in the field of 10,000 men or upwards Do 5,000 do. 15s. Do. any less number 105. If servim., in a colon•, where the forces con sist of 1,500 men, or upward. ss. Given at our Court, at Windsor, this 14th day of October, 1840, in the fourth year of our reign. By her Majesty's command, T. B. MACAULAY. FLOODS IN FRANCE. FUkTIII:11 YARTICULA 1:S. The Courrier du Ganef mentions that the Rhone has made an extensive inundation at Beaucaire, and that a great part of the island of La Camargue, together with the plain of Uzes, has been kid under water. The bridge of boats from Arles to Triniquc-Taille has been carried away. A Macon letter of the 4th inst. says— " In several villages there arc net more than one cr two houscs, and those stone-built, lett standing ; the others, being chiefly constructed of clay, have been washed down and carried away, with all their furniture, crops, and other stores. Many cattle which could not be got out of the stables and sheds have perished. A great number of the inhabitants from the banks of the Saone have come into Macon for shelter, but two-thirds of the houses are invaded by the waters, and several have already fallen down." Extract of a letter from Chalons, quoted by the Capi tole : " It is now 238 years since the Saone attained the height it has now risen to. On the Place des Carmes and the Place de Beaune the water is five feet in depth. All the streets of Chalons are navigated by boats, and on the Quai des Messageties even sails arc seen passing along. The Magistracy has put the whole of the steam-boats in requisition. The following excellent conduct of Messrs. Lereyer, brothers, one of them Director of the Gondoleg, and the other Captain of one of these steamers, deserves mention. They alone have braved the fury of the waters, and carried relief to the neighbouring communes,with which, all communication had been cut off. It being impossible to pass the bridge of Chalons, they took their steamer round the town, over the flooded meadows and wooded Plains breaking through the tops o f t h e pop l ars which raise above the wa:crs, and regained the river, after over coming a thousend dangers, and after a further voy age o f eight leagues, attended with equal risk, reached Verjux with I,ooolb. of bread, and at last took on board 140 in habi'ants and four boat-loads of cattle, all of whom they brought back to Chalons. Immediately afterwards they again renewed their pci dons voyage. The Sub-Prefect has sent a report to the King, recommending M. Lereyer, the Director, to be naturalized in France, he being by birth a Genevcse. At this time 80 houses have been de stroyed at Verjux, and 40 at Marnay. The whole country forms an immense lake." The Patriole de Saone ct Loire, after attributing the floods to the rapid melting of the snows which had prema turely covered the Vesges and Jura mountains, and the heavy and incessant rains W hich had fallen at the end of October in Franche Comte and Burgundy, says, that the disasters have been prolonged by the temperature of the air, the thermometer of the Centigrade scale not having been lower than 10 degrees above zero, or BO of Fahren heit, the wind having constantly blown from the west and south-west. " The river banks," it adds, " were broken through on the 2d inst., whereby Verdun was isolated, and had the lower part of the town inundated. Fortunately, no one has perished, nor has there been any serious acci dent there to deplore. By a most providential chance, two old men, who had been left in their beds, were re leased in the afternoon of the 4th unhurt. The roof of the house being broken through, they were found lodged in one of the chimneys." The Marne, according to a letter of the 3d from Saint Dizier, had suddenly risen three days before about air feet, had become unnavigable, and was likely so to remain for several days, even should not the rains, which had abated, be renewed. The wcod merchants there have experienced great losses. M. Conte, Director-General of the Post-effice, has sent four extra inspectors, with instructions to establish tempo rary arrangements for the conveyance of the mails along all such lines of road as have been intercepted by the in undations. HANOVER, Nov. 4.—lt is said that the war department has received orders immediately to put the whole army on the war establishment, and in readiness to march.—Hamburgh Borsen Halle, Nov. 7, PRINCE LOUIS NAPOLEON.—The Temps states that a person, duly authorised by Prince Louis Na poleon, received on Saturday, at the Caisse des Depots at Consignations, the sum deposited there after the seizure made on board the steamer at Boulogne. Out of this sum, which was rather more than 400,000 f., the expenses of the trial before the Court of Peers, amounting to 4,000 f., were deducted. The Cbotidienite staies that the money which has been restored to Prince Louis Napoleon was only 46,000 f. in gold, and a few thousand francs worth of bank-uotes, instead of 400,000 f., as has been stated. Madame do Faverolles, and M. Noel, notary, were the persons who received for the Prince the money, and various trifling articles found in his trunks, seised on board the steamer at Boulogne. RETIRENIENT OV MLLE. MARS. This greatest of comic actresses is to retire from the stage in April next. Ilippol3 te Mars, the daughter of the cele. brated comedian Monvel and of a tragic actress of inferior: note, was born at P ar i s on t h e s t h of February, 1779, and ascended the stage before the age of twelve. eldest son Hon. W in . H. Ad e lbert Fielding, eof son of th e E ar l o f D en bi g h, has been appointed on thz Queen Dowager's pages of honour. The young page ' is about five years old. of 14, letting off pupils, a fi havin o g y lighted a maroon burst, Id shgttered his right hand ofi fr ecOwootlirokltisehlwe and ti n ,hd ig h l i i si t rsf o .c. f iNio‘ t e i , e bs s m t r i: instant, ne b the eldest to throw off, it instantly cam IN CHURCIIILL.---We the death of his Lordship on announced, some ship timea f D o' ruid, at Macao, on the 3d June, to atoms. rim l e ig eeived by the overland mail board her Majesty.'sstr . lo p i a utated the hand. i account of the funeral ;- - gives the interred in the British buryi LATE Sir l 3 L . Bort°tDdi ng-ground The corpse w°s . v the morning of the early on consisted of his Excellency the Governor of procession stet, , fo j l u lo st w i: detachment of the garrison, Captains 'Eliot, m a ao and a , 'T rot C h a ld n i t a o:l g ßegt , Smith, and W arren, several officers of the squadron, a de. aclunent of sailors and marines, by ne ar l y a l l the foreA a • t rcs idents, and many of the inhabitants of Macao. Portuguese band played the " Dead March;" Captaia Elliot read the funeral service most impressivsbly, and, 1 after the body had been committ e d to the earth, the Por i tu guese detachment tired thrce volleys over the gram." EVP,NING EDITION. THE SUN, LONDON, THURSDAY, NOVEMBER 12, 1810. EVENING EDITION.