The Express.
London, England, 1852-05-11 00:00:00

THE EXPRESS, TUESDAY EVENING, MAY 11, 1852.

the express order of the Austrian com-
mandant, and before trial, into the same
cell with a convicted murderer; and one of them
Afterwards removed to a cell covered with water
two fret deep, whir.' he remained for four days
pmheil upon a bench. In their case, as in that of
Brskinu Mather, both international law and Tuscan
law were openly viols'ed; but among the Austrians
here an opinion has been long gaining ground that
the British lion may now be bearded with im-
punity. They imagine, from our debates on the
militia, that we are really in the defenceless condi-
tion our statesmen assume; and the tameness of our
remonstrances is attributed to fear. _

MAT 3.

Onoe more,after all our fears and disappointments,
we are remitted to hope. The I)uke returned to
Florence last Thursday. and we are now assuml that
the Bildasseroei ministers will remain, the Leo-
poldine laws are to be preserved intact, and Bocci:Ito
will quit the cabinet to accept an appointment at
Nome foreign court. We n.juice, but with trembling.
The poor Duke is fickleness personified, but it is
ooniething to know that the chief agent who has
worked upon his fears for our rum--the papal
nuncio, Maasoni—has left Florence for Iteme, whence
he is not expected to return. Every one is anxiously
inquiring for farther details concerning tho settle-
ment. I will write again to you to-morrow.
The Russian Princes Nicholas and Michael arrived
hen. on Thursday., avd left yesterday. M. Thiers,
M. Duvergier di I lituranne, and M. Scribe are here.

MADLLE. WAGNER AND THE OPEILV

itousEs.

Ltstse r. Warman.
JUDGMENT.
limas Vics4Nissesuos eta lane roam
The Vice-Chancellor. at the conclusion of Mr. Delhill's
reply, iris en in yesterday's Ezpreas, delivered judgment,.
the substage, of which appeared in a large portion of
yesterday's impression. this Honour said that he felt much
maxiety is deciding this case, for, as Mr. Dethell had very
etorreetly stated, the effect of his decision might be to pre-
vent Mademoiselle Warmer from singing at either one of
the theatres for which she had been engaged. The mate-
rials hof ire the c oat had nicessarily been got up in • way
which showed that in feet all the materials et the cue were
not now before it. Affidavits were filed on the 2nd of
April and on the 23rd of April. Other afildavds were tiled
on the Ith of May, Lind the defendants filed the it affidavits
In answer on the bth. Affidavits in rejoinder were filed on
the 6th. It was natural to expect that the ease so presented
to the court involved almost of necteeity a considerable con-
flict of evidence, and placed the court in • situation of great
difficulty in acting on the materials before it. The juris-
diction of the court was in this case 'aught to be exercised
with respect to a particular clause in the agreement
between Mademoiselle Wagner ar.d her father on the one
hand, and Mr. Lumley on the other. The clause was as
follows.—(His Honour here read the clause, which prohi-
bited :Mademoiselle Wagner from singing at any theatre
other than her Majesty'. Theatre. or at concerts, without
the written consent of Mr. Lumley, which Dr. Batter
added to the agreement as signed by the Wagneri, and
which be signed as the agent of Mlle. Wagner, which
has appeared before in the Exprras.)—lt was said that
this cause at first (snout' no part of the !agreement, it was
mud that it had been unfairly obtained, that it had been
obi lined by • course of practice on the part of the plaintiff,
or of his agent, Dr. flacher,which did not entitle the former
to the assistance of the court, even if it did in fact form •
part of the agreement. It was also said that the plaintiff
bad failed in the performanee of • certain other
clause, and that the bill proceeded on mia-state-
mint• of material matters of fact, and that under
liaise circumstances the general jurisdiction of the court as
to injunctions could not be set in action in this ease. The
first question was whether this particular clause formed •
part of the agreement between the parties. The facts ap-
peered to be those, that in October or November, 1841, the
plaintiff was desirous of securing the talents of this young
lady at his theatre. Dr. Joseph Becher was a mutual
friend of both parties, he must plainly be considered to
have been in the cenbilence of each party: The degree of
eonfidenee which the Warners reposed in him appeared
from the terms of the letter of the 18th of August, 18.51,
which had been repecedly referred to, and which was
esoneeted with the engagement of Milne. Wagner at the
Grand Opera at Paris. At the end of the month of Octo-
ber, 1851, Me. Lumley was at Paris. The Wagner were
at genie. Dr. Becher was sent from Paris to lk rlin to
communieace with the Wagons on the behalf
of Mr. Lumley, and to Mena Mille. Wag-
ner to enter into an agreement to appear at
Mr. Ltinsley's theatre. With a view be Dr. Bather's
entering into that treaty Mr. Lumley bad provided lin
with a contract, 'ivied by Mr. Lumley*** 7th of Oolo-
her, 18.51. The contract was a long sad onaptiaded hew
ms ot. A great parlor it was in • printed hark malainieg
stipulations which it appeared were mead be sash
meats. The terms were that this young 1.1/ sbwY ea-
oso with Mr. Lumley for the soma of Mr be the use
f OWL, cad for the followiai anent he the sin of lAN.
That paper stostained • ammo westristiog the young lady
from making use of her taking at any public se pinata
concerts without the written nowsite of lie. Lumley. How-
ever, the contract which M. Worm drew up, and win*
was entered into, wen of a very_dlibrent kind. My the
tarns of that oarsman Mdlie. Wows waste be snow&
from the lat of to the MO of help in ha Beef
I ,Iks ,of Aka hawk • onsidwatio whom ea he home
in the mated pope It hi met spree inseams* the ►as-
getistioa teak •;- het.thle did appear—don at the sane time
oo Mr. Dye wesdenearing to Moan the .niece of this
young lady. That goathouslied nub be sa oar. and
Dr. Barber Ind than add that he would get from Mr.
Loony as nut as Mr. Op. had othroi. It did an appear
what the cinema of Mr. Orem it own The parties dif-
fered as to the wabstasee et he wart, blot it
that the Wamotgonst to ho Isms mariaarrie.
lysaley's paper se behg too essplinesd. Mr
Inaley's woo stradown, and IL Wegner drew up
entsset whin howl the surd of thei sweat nit.
..LsoW111:Saa.111 rit to Paris, whin inall=d Mr. Lisaryh4:ar
M NOWINPAIR. Mr. Dwain ea easing the does •
moo, tennolgootod that it win onsirsrighoot the than
la lb phase hen, which nolowital yawns loham
aMmelmi he. any other prohnised
mationeaso her entrest will Ow—a
De Saab= aided • damn to whisk be sand
ie h.dgmbre a Yaw : " Dr. Jamb Balboa he Mae.
Wow,, sad asheelesd_ hy her." Mr. Dimly don& the
hail dame sad seinen& it Or Dr.
=AI= to he Waimea Then amid he so
huh whatever that gp le hie phial the Wagons were
not bond by what Dr Shebat balleae. Thera was nothing
to how lid he ird sotheeby le add this show If the
holler had MONS hen ha theold haws how of
hat the done bad lam herodand without authority, clad
hat M was eat Maim an the Wagons. hit agoaey night
be wish& y ansoshat aothaelty en be salmagnat sdop-
lion, Deli has it on Inmate le essaliela aloha: than
ind haus tub a odeogant madwel as implied
the Wegmen. He thew*
_that the whi might =
of by the snot wilieut Issisany melon of het i.e.-
dlMemos as plain. Dr. limber, la hie
hoe ha nut the additiond shoe esiTia=
gielatif to Men him= Woman, and lationed
bar of lb bowing bon added. hi that is is answer wine
he bhp of the Tfth of Nevenber. Mt, whisk it was sow
==flab NOM DO, tO nohow ogreemost.
.11 Rageopisa, the massigreg of Ow opus at Pan.
Paw, what wasnoird by the Wagons ow he.
nips* of the
end. of the issironeat ? It was ownedwhie had aslant
of the Wooten dahml at what tine Ihrs nosind the darn
heat be goilisa hen Dr. Brier. They dole that they
coded deplisale ogroenne. end thsa they !het dis-
eanned he dew tibia hod boa added. It woo, how-
ever, dear bon Dr. Ilmbor's Ada* hat be slat it to
then. Ia their alidavils i mama. the Wagons esp,
we hay that Dr. Sambas ewe not Ohs toa
or at the maw thee iabraird us of he
bat as say that the t was brought to us hp
Dr. Barbor." Now, to this sesionsoo, whoa S
was beireght te them they at saes clowned the ail& I
bowl dna. It append ale ben this time forward
whoa he etwerset 01114 in ibb dupe to the hash
of the Wasson that they they treated it as a halrestl
which they wen bee bound. The only .china width
Mr. Ingisy had siren Ina, be ton the sonnet eashigag
this peelasalat dame. They add an sail it • hatnet,
sad at the or tins repoiliale the ohne, for without drat
doom then Wee so canine whatnot, ansgt the width
W Ina dyed by Mr. Unity • but bah is their no-
rupsadwise with Mr. Donley end Dr. Them they rase"
abed that nee ...tease Wined. Now, he heed that
bock the Wagon eohned to this instrument so • 61111•111
erstalang the dune la egisollsw as owe binding ea then
nlvss. For bellown ea theta of ninny Mdffo.W=
la • Mtn to Mr. Inniry, mid that Dr. Hadar lad
te her, bat as ohs bed node • entraet with his (Mr.
Lusby) she host wik Ina to pat of the ONIIIIIIMSNOOSt et
her orpopnatat to a period whin astallend. Mr.
Weems, he se the Eat el rebury, wrote
• Into to Dr. Dasber, i eta& bo hid. " We hew
not the sareary Woe to Ufa Imayibeead Melte&
W hin to ean sun nen the tannin contrast ter
• holeighL It whit wpm diehoolly hat tids
Ws, sad bat ham hal esidawea at he Owe that lime
was anhallog anteast of now WM hawses than and
Mr. Lindley. It our hopordMs that Own add be a ash
tree owespt the one scale imp his dials. He was of
*alma that than had hew es alloplioa of that date;
sod hole lig dot adoption, awn had oho lees aa
of De. liedneo agony. lie thought VIM dm* Wl=
hen then nun astaissearn aid hat there had hen as
=aelf the Odadese by Dr. has; as their spot
t alheir liaboliMe Mod goodlea in Se ass,
whether that dons woo pail of Ihe malsah a.*
an
opines, ho datihmi. wilhadmda..doolitiliabemilimative ;
=hoe If it had hen by Dr.
within anindip, ItM;Merards
on
rwialesed
by the Whim% old he blahs on The ant '
pesolin woo m to the onions imputed le lb.
ant Be. Haifa with newt to this Inwriellin. Oa his
b hag he hare la Mad that dine woe as hopieln
hpalea as le the inhbane of the wanes% amp& via Nose
to the airs ere pat bees waking It wee
oui OW aikeseeps hal Inn athie
mirmstpear to the einumeadia ihishils woe to teethe.
Ie inn !MK r alstioboses

seemed to be admitted is all Mine steal elms Mese of
thie hYd was • clause et course le matteels et tide genre,
for it slily restrained this young lady from 1=1:
protemimal engagements which would be
with her itagagernrat with Mr. Lumley. It appeared that
Mr. Lawiley introdeseil a clause in the estitnat whisk wee
a seltpst if disemeim between Dr. Bather wed the Wap
bedew themeless' at Berlin was signed, mid it that
the deeelkes raised by the latter were le the
i generality of the clause, the Weenies Watt
Wit wee "wry usagrael to restrike a ire of aralsaaso
hem It el at *ma isemseres without Ma esseest tithe
perm whim she bed made eapr irms. It wadi
appear that the Wavers did not ea
object Se the skew la
tato. Warier mid—" I, -lutist* WelPore wi7
that I then objected to age that or any other amines OM
tatting • clause prohibiting me from aging at *waft
eoseerts without the consent of the plaintiff," eel she
poem toesy that Dr. Becher informed her that when
was saes in Leaden Mr. Lumley would comply with any
wish that she might express on that subject. It really did
appear that Dr. Dube, was obviously treating for this
young lady and her father as the agent of Mr. Lumley. He
told her that Mr. Lumley would deal liberally with her, mod
that the stipulation in question would he a matesself maw
nicety to her, if she were asked to sing et meek emeetta,
and she did not wish to accept any eeppemeell. Ns.
Oye in his affidavit stated that it was not mad te poshibk
singers of eminence from singing at private emearts, ed
that in his contracts he had not inserted a stipulation at
that kind. It appeared to his Honour to be all but ail-
mined between the parties, that such a clause wee a maser
of coarse anderthe circumstances. When Dr. Ba went
back to Mr. Lumley, he remarked that the clause lei been
omitted by mistake. In one seam that siaisimat might he
true, for it did not appear that the Weiser, had elgested
to the clause. Mr. Lumley then added the clause pro-
hibiting this young lady fives singing without his written
cosiest, but this was not an absolute prohibition—it merely
gave him a power of refusal. The contract was tam back
thus altered to the Wagaers. They sew it; they meld
fudge for themselves. They said that they eosWlajaed of
it to Dr. Buller, and that he said he would set
the matter right upon their arrival in Londe& This
was denied by Dr. Becher. The Wagner. in their
communication to Dr. Dreher referred to the clause, but
not by way of protest ; they merely expressed their ffinea•
tisfaction. In the letter of Feb., M. Wagner said that=
had entered into a hard bargain,
_and that the clause
occasion them to lose• great deal of money. On the 3rd of
March M. Wagner spoke in similar terms. The result of
all this was that the clause in question was at first a matter
of discussion between the partie., in which Mr. Lumley it
sisted upon it, and that with more or less reluctance the
Wagner. were content to trust to Mr. Lumley, that he
wou.d either give or withhold his consent when they
arrived in Loudon. Another point in controversy was as
to the breach of the contract. With respect to that portion
of the contract with regard to the money, it was incumbent
ea Mr. Lumley to show how the difficulty as to the money
arose. Mdlle. Wagner had made an application for a post-
ponement of the debut, and she wrote to Dr. Becher stating
that as it was be who had made the contract she hoped that
he would obtain the consent to the postponement. The part
by the contract was that of Romeo, and next that of
the l'ropliele. It appeared that Mr. Lumley did consent
to the postponement for a fortnight, and in a letter from
M. Wagner on the 2nd of March also requesting that a
rehearsal should be appointed for the 16th of April,
the first mention of the 3001. was made. M. Wegner
requested that that sum should be seat to them at
Hiunburg. Mr. Lumley states that at that time Dr.
Becher had 4001. in his hands belonging to hint (Mr.
Lumley), and that be had directed Dr. Becher to pay the
3001. It appeared that Mdlle. Wagner desired that Dr.
Becher should accompany her to London, and Dr. Bather
states that ho wrote a letter on the 10th of March to the
Wegnen asking where he should send the 3001, and where
he should meet them to proceed on the journey. The'
receipt of that letter was admitted by the Wagner', and
Mr. Wagner wrote is reply that they should be at Ham-
burg during Passirm.week. In the letter of Mr. Lumley
of the 18th of March to the Wagner" he told them he
had written to Dr. Becher to forward: them a letter
of credit for the 3001. (thereby showing that Dr. Becher
was the person to pay the money), and said he hoped
would be in order, and that he would prepare the rehearsal
of the Prophete," arid Doped nothing would occur to
prevent their arrival. So that Mr. Lumley was at that
time actually preparing for the appearance of Madlle.
Weiser. It did not appear at what time the Wegners
arrived at Hamburg, but it did appear that the pubes did
salient until the 6th of April, and his Roomy did not
think that the mere non-tender of the mossy, baton that
period, justified the Wagner. in entering into the agree-
ment with Mr. (lye, or in making the pretest of the Ilk of
April. With respect to the mis-statements alleged to be
'mislaid in the bill, he did net think they were seek r
nabs to deprive Mr. Lumley of his rights. If
• Womb of the &gramma Sad taken place, es
be was of eyries was drily made cut, he
thselibt the OM wits • very pimple sr bras Nom=
awl might be =detained at kw, end he
=it the tine. Fallowing the cams 181171.7errie t.
" Ind the &skins of Lord Eldon and Led
0111.shois. he we et minim that be ought to continne
the kilned's aril tbeedbre dos nation to Anne the In
jeriliss ebleimil by ILL Belinil mot be weed.
Mr. Inn oohed far the oils et the soaks.
The Vko•Ckeseellor den& tint enth • nee ft the pr-
one was see use kr es* in this "loge of ihe ineeSlibo ;
bet threats amid be
hoodn In enee.r
ekia
-
adits Is b! to tay ihmesLandssat
Mite would dine the plaintiff to bring se

BRITISH AND FORKION SCHOOL SOCIETY.

•
The forty-ninth annual meeting of this society was
held yeah any, et the Sebeolkoors, in the Borough-road ;
Lord J. Itteastt in the she supported by the Earl of
Carlisle Viscount Ebel, .111.1.., Sir W Stirling, fart.,
Sir J. lioness, Stn., C.mlky, Eat , M.P., S. Ourni.y,
Esq., the Orwslisr Boma, Hastings Russell, Esq.,
as. Amin dr WIMP pressat were Lady John Unwell,
the Baseness ledmhild,

previously to las asedft
_an exandnation of the children
took place, at whisk Lewd Jae Ilassell was present, which
was highly astielthstely, as thesnari the proficiency of the
scholars.
Lord J. RUSSELL, on taking the chair, said that es
they were met again to celebrate the anniversary of the
institution, he would proceed to open the business by call-
ing on the Secretary to read the report.
11. DUNN, Esq., then read the report, of which the
following is an abstract:
It opened by congratulating the subecribers on the
state of the institution. The funds have improved, end the
schools have increased. Mr. Crossley has retired with many
honours from the mastership of the Model School, and Mr.
Langton has been appointed. The average number of
children in daily attendance in the Model School has been
1,030; 29 pupil teachers Sr. serving their apprenticeship.
The normal schools for teachers arc full ; 60 candidates are
preparing for certificates. These will remain as students
from a year to a year and a half ; 123 teachers have ob-
tained certificates of merit from the committee of council ;
181 students have been during the year in the normal
school for young men, and 143 in that for young women ;
163 have been appointed to schools, viz., 85 to boys' schools,
and 78 to girls' schools. The schools throughout the
country are prospering. Teachers' associations are form-
ing fur mutual improvement, and many pleasing instances
of success arc recorded. Six inspectors have been engaged
by the society in visiting and reporting on schools 119
public meetings have been held by the society, in addition
to the various school examinations at which the agents have
assisted ; 4S new schools have been opened, 'llO grants of
school materials have been made. The aid rendered by
the government audits inspectors has been very valuable.
No interference has been attempted. The schools which
have accepted government aid continue to speak of it as au
unmixed benefit. The foreign operations of the society
have been extensive, embracing the colonies and almost
every part of the world. The report concluded by an ani-
' mated appeal for enlarged contributions. The receipts of
the year (excluding a loan of 1,0004, subsequently repaid)
have been 13,9661. 13e., and the payments 13,0121. 101. 7d.
The balance in hand arises from the payment of legacies.

The Earl of CARLISLE, who we, received with much
applause, moved the first resolution, The adoption of the
report, and the appointment of the committee." He said—
I continue to wish well to this society, not as being
perhaps the one which the circumstances of the
country most require, and which admits of universal
and compulsory application, but because I believe
it to be eminently calculated to meet the wants
of extensive districts and large bodies of our countrymen,
and which has done much to elevate and improve them, and
because I believe it has the means at its command of still
further increasing its circles of activity and usefulness.
(Hear, hear.) lam glad to hear the testimony given by the
report to the efficiency, and at the same time, the abstinence
from interference of theginspecters of the committee of the
privy council, and I am sure that the more that course is
adhered to, the more it will contribute to the credit of the
committee of the privy council, and the schools which are
subject to its inspection. The report wisely gives something
like an admonition to the owners of property to do more fur
the education of those who are under their influence.
Viscount EBRINOTON, M.l'., in seconding the resolu-
tion, alluded to that part of the report which complained
of the indifference to education of the free inhabitants of
those colonies who hail once borne the heavy chain of
slavery, and said that it was painful to find that in this free
country, that complaint applied to a large clue with still
greater intensity. lie regretted that which was stated in
the report, that in the manfacturing districts 40 per cent.
of the children lett school at the age of 7, and that only 6
per cent. remained up to 12 years old. Although it was
true, as bad been stated, that the proprietors in this coun-
try exhibited, to a certain ext, nt, an apathy with regard to
the fulfilment of the apothegm, that " property has its
duties as well es its right.," yet he would say that it was
not from the great landed proprietors or the great manufac-
turers, but from themselves and their own exertions that
the people must obtain education. Ile was gratified that,
notwithstanding the secession of some of its supporters, the
society's prosperity not only continued unimpaired but was
ineresai
resolution was agreed to.
The Rev. H. HUGHES, incumbent of All Saints, Ger-
den.square, proposed the next resolution: " That this
meeting, highly valuing the great principles on which the
society is based, and regarding their:general adoption in the
education of the people as essential to the promotion of
Scriptural truth and the preservation of the liberty of con-
science, hails with satisfaction the growing prosperity of the
institution, and anticipatafur it extended influence and en-
larged usefulness;" and urged the necessity of Scriptural
instruction being combined with mental education.
The Rev. LUKE WISEMAN, a Wesleyan minister,
seconded the resolution, and said that although not con-
nected with the British and Foreign School Society, yet he
might be considered as representing a similar institution in
hie own denomination, on whirl they had lately expended
40,00 W. Those institutions did not regard each other as
rival establishments except in promoting truth and virtue.
The resolution was Clirlied unanimously.
The Rev. 8. MARTIN, of Westminster, moved the nest
resolution—" That this meeting most gratefu acknow-
ledges the favour sad munificent support of her Majesty the
Queen and of his Royal Higbaess Prince Albert.'
Sir J. &maw; Ism, mended the resolution, which
was carried unsmiiienely.

The Pon. J. IttilldiLL moved—" That the thanks of
this
of be respectfully promoted to his Grace the
Duke ford, the prisides4 Om Ids liberal subscription ;
sad le the Bight Ron. Lead Jebel MOO% be his kindlier
is talticibe stair this day."
tike W. IlmaLtito Pert., seconded the resolntioe,
whisk we forded by irdemstico.
Lead JOHN RUSSELL, as tieing to return thank', was
resolved old; Bauch applaase. So armed—lt has given me the
WOW padllostioa to Mind hen to-day, sad I thank you
fat the mass is gala yes have resolved the vote of
asas whisk his bas mold. I hue felttoata the
saisnottheaktmarealtsathoisprissitysof this , believing
posplo af this swam fat this sainy's
radar ass ossalsat with sold ads it pe-
anut every sus ths utmost Mast" oressiesss. (Her,
bass.) lan glad to bora bon the report that this lassi-
tude& has pampered denims the post year; but at the some
Ilan a Deena goad= rossalos loan the posplo of the
=, that tho oaddisallos whothsfahosseics
is la is the sate kohl& now is, »bag eddy
es 11. oundsso Si mhos salsas. (Hear, boar) We
wed larv, ed we have las eke lama by the report,
that theseon • pia sasslistr awn= la fur pat ales
ILWlsdosif leaps thst is set mono sidloludly
tie balk K aussas. (Noar, hers.) Ws have
has Oil to. that sat of any lid addren
aussliss, 411 ism oohed ease seas years old,
noil • odd Irate popeotion valor tieop aIL I have
wadi ha sada. is • analdso a the Hams stOssonsoes,
I alma osoolosey, and at wida I shoal Ina
been te-day, to bona da as norms Si atavism of
deism is easels is set rasa Thee be. =Os to the
Ye
Yes will really ogres with moo that es* as also-
baba at the early age Aida thozellia soheol,
awl dated tag of *a sa
tesssinno lb day,
shilell OA the odusedea tithe whoispashi of oseatry
nut be eery insporbee. (Naar, boa) A pat
lies ban iss—a spades we have to asol =
alai Is which I have alluded, aad walk doss rest regard
ea Meansaly, but whichsay laterals the whole Si dos
▪ Awill that aleatory ollbsts assi=e so
alb sopa to amass, as to Name Yswhole
gig gassralisa of Ys marl. Sono fawn r awe-
tin irlsolly sender, lasing religious iastrastia to the
sadden of religioa ; aka again are la favour a a salon
whist shall ossaplos with maw Wanks mesh Sodplinal
koliustia as the siblase of ash
thinkammialta. while others are=
11174
na thot sisplahy the British sad
lisitod should la same-- to the whets vestry.
sow, it boa ass Is plvo ay Wass
is
thimassejctions
but Ido asp tit aroom is is tha that
farther ants an mama a6rMar,
bass.) Foe wad. 4111 piss ab issistp la boos sag
Its mama abas to this ark psa It am* is sail that it
ins owe lama as *pas& soar a la-
sinsliss, sod Wiento that ov an
eryy it ins bees made
to Memo the cuslity of the obration it muds.Of bits poos the sadossl Omani, Si the Privy
Oared hie oadmasond is imam the polar a awe-
liss,sal by Wass out awash to pupdasdrom to usable
tho maw psalm is ands Is oda MIN ia pee-
berase st isdasoliss 6ss was las W ansbon near ths
tram Ada di that hos Is. sesosspliolei, I
Obit you will Bel with as MO Owe is odd ossadag,
ash that sot • Wits, wash nada to he don to put ash
adman a the papists the_ hotississwida it slight to
Ord. (Rua boss I to ma
als grad spades .)
whidt lies uspa. I all lest
year the tills
question we leading is • solillits, esd
thiak is tho proem year it is haling sal awe to • sat-
=sreat aka& dada be sea os MI pants the
of tho austa. The Oset pada 6 ant span
Si odaslies pa irlrasgi, sod whoa we as cans, I do
rat lay to • andasiss es mimed Loonssatibut to any
=V aid
Ztit suppoittrarld sys-r.
an Ishii mist, hos Mord, thos to mina
sa mamma to inner again& be than Itawfme im-
partial our dillimases Si spasm Easy be, and whatever
nay he the objections to this so that systems, we anot ell
apes est babe abbot to pew up to shalt op dna
she the obis to wash this assay WY Wan it resolved ths
llght df Oholotiosity woad in • shams and • divas& sa
wadi king as um • Ind lon. (Has, boa) Alla os
Savona rant a the kind ram in whit bb adds
bind Lad Clad& hod wins of Ma, the nab load m-
eldist by saying—Whams ear be ny peolas, it will
dap he my ondavour to games the gamed Intarests,
sod Is odd sasorthing to the gamed welfare of the country.
(Loa asoa.)
The nosing, whisk insng, very fully attended, than sepa-
-1 rata

13TH LIGHT DIPAGOONB.—This regiment, en route
from York to Hounslow, arrived at Hampataad on Satur-
day, and will to-day promel to Hounslow.
Darer 13TH LIGHT INFANTIL—Thin; &pat at
(lospri, ie saw sifts to =bask this da7 kw Jam.

Rain iinteritgence.

HOUSE OF LOHOS.—YarrraDAy.
Aomori, room TIM CORR? or Swoon ut Sours.onn.—B.voas tun
I.lpo C NMI ON, LORD RATI iNn RNLI. AIM 11.0411,111.17.
SUTTON O. SUISLIS —HICEVTIONO.—RECIPTIoN Or
.—D
EVIDENCE TAXIS ST COMMISSIONISICTIOS TO JOST.
—JUDOXLST. . - -

This was an appeal by Mrs. Alicia Frames Settee, of
Ilminster, es adramistatrix of her deceased husband Rimy
Stephen Sutton. and Mr. Thompson Paul, writer to the
signet la Edinburgh, her mandatory, from a judgment of
the First Division of the Court of Session, diaoliring cer-
tain exce_ptions taken in the course of a trial. The respond-
eat is Mr. Robert Ainslie, writer to the signet. By
bond in the English form, dated 9th August, 1832, Mr.
Robert Steuart, of Alderston, Haddingtonshire, deceased,
bound himself to Henry Stephen Sutton, hi the penal sum
of 5,0001., upon condition that he should not well
and truly pay to Sutton 2,2001., with interest. By bond
in the Scottish tom, dated 20th August, 1839, the
respondent, Mr. Ainslie, bound himself to Sutton
regularly to pay the interest. The respondent having been
charged by Sutton fur payment of interest presented a note
of suspension, upon the grounds and pleas specified in the
following issue, which was adjusted and settim by the
court, and ordered to be the issue to try the cause:
Whether the bond dated 9th August, 1832, was made and
granted, in whole or in part, for and in consideration of
money icon at play, or money alleged to be due in respect
of lows at play ; and whether the bond charged on was
granted in further security of the said gambling debt, or of
any part thereof, or of interest accruing thereon, and whether
the charges acquired right to the debt alleged to be con-
tained in and due by the said bond, in the knowledge BIM
the said debt, in whole or in part, was claimed as due der
and in respect of money lost at play; and whaling Op
pursuer is not indebted and resting to the defenders is es
sum contained in the said bond, or any part thereof."
The issue came on for trial before Lord Murray and
a special jury, on 19th March, 1851. The counsel
for the respondent tendered in evidence the report of a
commission containing the deposition of .1. T. Blurton, of
Prince-row, Pimlico, which had been taken in London
upon interrogatories. This was objected to ruder it wes
proved that the witness could not attend the trial on ac-
count of absence, or that he could not be brought to the
trial. The learned judge repelled the objection. There
were two other exceptions on a similar point. A fourth ex-
ception rested to his lordship's charge to the jury, on the
ground that, though called upon to do so, he refused to tell
the jury that the charger was not bound to prove the con-
sideration given for the bond, and that the presumption was
that it was given for value until the contrary was esta-
blished by the suspender, and the jury gave their verdict
for the suspender in terms of the lieu.. The Ler& of the
First Division disallowed the whole exceptions.
Mr. Itolt and Mr. Moncrieffe Of the Scottish bar) con-
tended, for the appellants, that it was incompetent to admit
as evidence the report of a commission for the examination
of a witness, without establishing at the trial that the wit-
ness could not attend personally, and that his attendance
cored tat have beta enforced. It wee next contended that
eM peseiding judge gave an erroneous direction to the jury
is rim of law, which shifted the onus probandi from the
t to the appellant, and by which the jury were
that less evidence was sufficient to establish the
=brae than was in point of law necessary; and
ales
the judge refused to state to the jury the ;min-
idisks of law necessary and indispensable for their
guidance.
The Solicitor-0c
were heard contra.

for Scotland and Mr. Anderson

The Lord Chancellor expressed his opinion that the con•
struction by the court below of the acts of eedcrunt under
which the evidence was taken was a proper one, and in
accordance with the practice of the court. With respect to
the fourth exception, though he should have been better
satisfied had the learned judge made the direction to the
jury as asked, yet he had done what was tantamount
thereto. The noble and learned lord then moved that the
judgment of the court below be affirmed; but, under the
circumstances, considering the vagueness of expression In
the acts of sederuut, without costa.
The house then affirmed the judgment of the Court of
Session.

COURT OF QUEEN'S BENCH.—YYSTERDAT.
emus to B•acu.—Barns Ms. !corms oouuumm AND XL

Justice Eats.

The court sat in banco to-day to hear appeals from the
county courts. There were only three cases in the list.
OLDINO C. SMITH.—THR TRUCK SYSTEM.

In this ease the plaintiff was a workman in the employ-
ment of the Llyini Iron Company, in whose service it
appeared 4,000 miners were engaged ; and that it was the
practice to pay them their wages monthly. There was a
shop adjoining the coal mine, carried on under the name of
" Andrew Buchan and C 0.," tho Llynvi Iron Company
being part proprietors in the business; and it was the
custom to give certificates to the workmen to enable them
to obtain goods from the shop in question in anticipation
of their monthly wages. It had been intimated to
the plaintiff, by an overlooks! called Humphreys,
that he would be expected to obtain goods
from the company's shop, and he accordingly did
so. He subeequeatly brought an action against the da
fendant, the representative of the company, to recover the
whole amount of his wages for a period of nearly two year.,
upon the ground that the course pursued was a violation of
the 1 & 2 Will. IV. c. 37; and the turned judge of the
county court at Tredegar, In Monmouthshire. 1.!.Z0e w.noni
the cause was tried, wu of opinion that subsequent to
January, 1851. the plaintiff had dealt at the sempany's shop
under some degree of compuit.n, and gave judgment for
him for 171.24.6 d., under the third and fourth sections of
the act, the But of which enacted that the entire amount of
wages due to an artificer should be actually paid in the
current coin of the realm end not otherwise, and that an
be
payment to suchlperson by delivering to him goods, should
declared Meg null, sad void ; and the fourth section
enacted, that ■ artificer should be enabled to recover
back the wages which bad been paid to him in any way
otherwise than by the current coin of the realm.
From this decision the defendant had appealed ; and the
Attorney General, on behalf of the appellant, contended
that it had not been proved that Humphreys, the over-
looker, hod any authority from his employers to threaten
the O&M! if he did not deal at the shop of the company.
Them wens 400 workmen who did not deal at such shop.
By the /Mk seeds heavy penalties were indicted on the
megloper far the same against which the act provided;
as mead mull set bind his employer to a nimble' act
males thine was direst evidence that he was enameled to
as as t and hum Awe was no such evidence. The hosed
ommesi imam eigned that the monthly payment In mosey
was relleinn to enneipt the defendant soil the operstion
of the ass. If the pleistiff was paid is imam ewe a math,
sad then west le • is% whether hUkase& to his
seepieyeee er net, and paid kr geode whisk be had pre-
viously erdlensis lath mei, of payment woe a money pay-
ed, be east I, wee perteedy valid. For a time
the MOW WON the weelmon's massy, End whether that
time was hagor Aire maid make no difference in point of
Kr. ireakes, Q.O. In support of the decision of the
mint helm, senteniid that the penal consequent*s could
not he tam Into amount. There could be no doubt that
the company were the shopkeepers, and as long as they
continued to be so, the inference most be drawn that they
compelled, ss far as they could, their workmen to deal at
their shop. The learned gentleman also urged that the
coal agent who issued the paper which enabled the plain-
tiff to obtain the goods was an agent of the company for
all• purposes.
The court was of opinion that the learned fudge of the
County Court had improperly admitted the evidence of
Humphreys, the overman, who appeared not to have any
authority to say anything to the workmen uto the di,-
pontion of their wsges. He must be regarded merely u
the ordinary channel of communication for legal purposes
between the 'employer and him workmen and could noi
reader b 11110:Ter reeposeible for an illegal act. It
was unneformayhew to give any opinion upon any other ques-
tion bed mink
hmipiestwhisk
kr the appellant.