The Express.
London, England, 1847-02-09 00:00:00

COURT OF QUEEN'S DENCII.

NAVAL,

Poionsome, FILL 9.—Curiew, brig, is nearly ready to be towed
to St. HeteMs for the wpm* of besting the new mortar invented by
LieuL Roberta. The facility for hneerhsh and seeming this eaorroma
viers of ordnoice in described *slight, curious. A single rope aid Oak
attschett, both lowers and rvims tin mortar Into panties Om re.
When in me the mow mos by its own gramty at • tanstaat re.
tinned angle, whilst the ship may be rolling, end thus preserve* a
co trot to of It.. In oddness to the et Mar being Lowered mveral
feet when in use, there la a difference of twenty tons weight in the
coast:Wino.
M0TT311,1,1 or 11. M. Penes.—tan. 2, off the Island of gorraficka
gi:rizia:l, the Jadymica, Alarm, and Daring. Nov. IM.—The
mid Onstance reeding at Valparaiso. The Talbot wits
to teem Vt./pandas on the Ist of December for l'orMmouth. will •
smell freight, lieutenants Maitland and Cartwright (Invaded),
coming boas as passengen, =mine Vit Lett Vililia.l4llo Inc
Tahiti cello UM Nov. The w at .t pirates, on the 216th
Nov. ; the Freak wee expected there in February, from blasallan or
ht. Mr. The ittrepan was at Callao on the I Ith Dec. ; the Gram-
mes at Tahiti early in October ; the Juno unwise the Olinda. The
Cal pm, at Calloe milts:died to be going to Central America. The
YMbgoW sad Cormorant were in 1,18(1.04 Sound ; Modem. In oa.
tumble river. Jan. theschaonee Lark sailed (nen N1644U.
austastry, Yee. 11.—Prommos.—Clerk : G. V. C. Bateman, to be
pyrometer end purser. Ammons's. Lleutioants C. J. P. Gila&
to Eremites; L. R. Place, to Posident ; J. Ft anklin, to Atephion.
Naval Cadet: It. J. Hancock, to Presidsnt. See mil Engine s .1.
Hinter, tbatepheres, and J. Lando. (sedate, minim; also to thernme
Mitt Mini Engineers : K. T. Ologir, P. Wood, and O. Park. Third
.1, Cooper, to Battler.

BPORTING.
TATTERSALL'S, Moyn.tr.

The Imeinces tran;aCtedon tCeit,rtaglli.nilicape was, with few
exceptions, its small PIIOIII, and at prior. aie.iniinit so nearly with
those lest quoted that se may &mouse with any usnment. In, the
Derby mid Oulu it woe heavier; *ad Si'), reference to the former,
ere may ewe that Epirote declined to 13 to 1 (1,400 to 100 Mkt once),
resigning the sewed place to the betel.; to Planet, who 'dreamt a
point on the writes quotation. Mona and Red !fart also im-
proved, but we are nut aware Mist any business. wite done on the
tioelarood homes, except as a "lot," Is which elsape they were
barked for a hundred at 3tu I. The aeon resuarLabk feature in the
bitting on thie remit won the elevation of Cony:plum -one of the
Dinebury lot—to 20 to I, anything above which would have teen
taken. Of the retainers Wanota. Ilan of Clove linicetone, and
Signet (the Galvanic King) were most in request- Lint prime:
Lleaseces tiruarts Crops. —NO to 20 mon nt. Leger it.)
NORIA ASIPT0.0110: UAL" I)ll,l,—iiiplillagetl 6, declared ncdto start.
NrallAlki. HAND/CAP. —l6 tot apt Quern of Tyne; 23 to 1 apt
Meanie (t.); 30 to 1 apt Kr Martin (t.)
glevetienurart HANDICAP... 4 to 1 we Jenny Wren (t.); 17 te I
spit Fink 'cent L) ; 17 to, l apt Lady Sarah (t.); 20 to I apt
Weenie lt.)
1,000 GUIYZAS OTACCL —4 to I apt Planet; 5 to I opt Glentilt (L) ;
7 to I NW Cuorgh.la (t); 10 la 40 eget Gleutilt and Menet it.);
1000 to 100 apt The Liberator and iledlam (t.)
(I,Croserrit Cer. —2O to 1 apt Mendicant. 22 to 1 apt the Lamb
afterward. Wend), SD to I apt the Flitch. I,oou to 25 apt the
Duke of Richmond (t 2or 3 times), la to 2., eget Mickey Free (t).
43 to I apt Dim Can. 1,000 to hi apt Intrepid 't), 1,000 to 20 spit
Ito Tattoo Sykes (t. afteraerds offered), 50 to agog Itourtoo, 30 to 1
ypst Golden Bee, Lull° to 20 apt the t'onnie.e. its, Leon to W opt
Moonlight (t. afterwarde offered), Sec to Iti apt Fltsallen (t, otter.
wards offered), 1,100 to 13 apt Jonah. n wild (t), POO to 10 apt
Muter Dome% (t), 1,0101 to 10 mgt the Premier (0), 9,000 to 10 apt
Rubin Bum (t). No others mentioned.
Poser.-. 500 to 100 n 4 Kent'. lot (0), 15 to 2 apt Van Tromp
ft 11 to 1 apt Planes (Like 13 to 1). 13 to 1 agst 14drote (take 14 to
11, IS to 1 apt Glentilt 20 to 1), 20 to I apt Con, nglurn, 33 to
1 apt Red Hart (Like 33 to I), 33 to 1 apt Sister toCubwebeolt l t. and
afterwards offered), 40 to 1 apt Homo/ Chive freely), 40 to 1 apt
Watiota (t. to 125(), 40 to 1 apt lonedale. 43 to 1 apt Christopher
DJ, 5 to 1 apt T.ntivy, 1000 t 13 apt Block Dwarf (q, IMO to 13
spit Limestone. It. and aft. ulfered), 1000 to 15 apt Signet (1). I iAIO to
15 opt N iil o' the Wisp (t. and aft. elferedi,23.o b, 100 spit Liberator
and bedlam (t), 2001.1 even between Eptote and Planet, the backer of
the titter giving 2 wee for choice.
Oass•—• to I agst the Favorer's Daughter, tides; 8 to I apt (ie-
menden ; 20 tot apt Ellerdole ‘t. to OPE); 100 to AO apt Miami;
20 to I yt lent.; IWO to NM on Lleinentina apt Retina; 1000 to
1001.1 on Farmer's Daughter apt Nerirat.
fhe following 2-yr olds hone recently received names: Mr.
Moat's's. f by 'lnuelisione out of Ohre, Tamarind; hie gUy by Touch-
atone out of Chapati d'Espligne, Mant.llo ; his filly by Boy Middle-
ton out of Mlce Mthier, Nun Appleton ; Sinter to Preserve, lancsoive ;
and Be Ally by Venieon out of Eyebrow*, titmice; Sir J. B.
Jingle filly is named Block Doe; sod his Tenebrous Ally, Red the ;
bate see by Venison.

laim Enteltfatat
HOUSE OF LORDS.
Prettied : ihe Lord Chancellor, Lord Britunnam, and other Peers.
MCKENNA O. PAPA. ESICISE LICENSEri.--CONOTILVC-
TION Or ACT OF PAKLIANIENT.—This ass a writ ef error
from the Court of Exchequer Chamber in Ireland. The
plaintiff in error,—being duly Acenaeil toren spirit. by retail,
to be consumed on the premien, applied to the defendant in
error, who is an excise officer in Dublin,—for a lice nee to
sell teas and groceries, which the dilendtrit refused, under
the impression that by the Act of 6 & i W. IV, c. 38, and
precioue act, of parliament, no pub icon or other permits
licensed to tell &c., sa the plaintiff was, could be
entitled to a license to sell tea and groceries also on the qtree
or contiguous promisee, it being the intention of the Lgiala-
tote to keep the miles of those matters quite separate tree
each other. The plaintiff then brought his art on against
Coe defendant, who demurred thereto. The Court of Ex-
chequer gave judgment for the defendant, and the Exche-
quer
.Chamber affirined that juogneent, whereupon the
mi pi ta brooght this writ of rrur. Mr. hinter, of the
Trish Bar, and Mr, Peacock were now heard for the plaintiff.
The Attcrtiey-Oeneral and Mr.J.Wilde, were lar the defend-
ant.--Judgment was postponed.

EQUITY COURTS.
Before the Muter or the Noll..
Lrf 111 D. ELLIB.—M•INTES AN CE. Maxwell, the

testator in the cause, after mek.ng provision in his will foi his
wile and his son, John Maxwell, a iunatic, dirored the rents
of his real estates to he accumulated and to form Fart of his
personal estate. And he ante led his real estates on the
children of his son John; and on (Allure of such issue, on
the children of his daughter, Mrs. Lyte. And he directed
his trtisteee to invest his neidu try personal estate, and ou
of the income to meint in all the children of his son sue
daughter, to whom he gave vested interests on atteining
twenty-one, or as to daughters marriage; but he directed
the share. not to be transmissible during the lives of hi. POO
and daughter. And the surplus income, net required .or
maintenance, was to be accumn ated. The testator died in
1818, and his eon John had ever since continued a lunatic,
end had no children. Ihe daughter, Mrs. L3te, had lour
children, and on the eldest, 19illiem Henry Maxwell
Lyte, attaining twenty-one, which he did in 1839,
it was in 1841 declared by the court that he
was entitled under the will to maintenance out of the
income of the personal estate, notwithstanding he had
attained his majority, end wee pr sumptivety entitled to the
entailed estates, and that the younger children were en-
titled to maintenance during their minorities. But the
question, whether they were entitled to such maintenance
after attaining their Majority, was reserved; and inquiries
were directed es to the proper amount of maintenance, and
further directions were reserved. The Muter bad not re-
ported as to maintenance, and two of the younger children
having attained twenty-one, they now presented a petition
for a declaration that they were entitled to maintenance after
attaining their majority, and for en inquiry to ascends) the
amount to be allowed.
The Master of the Rolls refused to make any declaration
as to the right to maintenance after mejority until the cause
should be brought forward in a regular way for further di-
rections. But he direct, d the Master, in the prosecution of
the decree, to inquire what would he proper to be allowed
for maintenance, notwithstanding the petitioners bad at-
tained their majority, hut without prejudice to any question
respecting their right to it.

Before the Ykt-Chaseeilor of !e ad.
ALLY], C. WILLIAM. -WRIT Or Na HXZAT.—Mr. C.
Hall MOW(' fora writ of ne ea. at rein* against the defend-
ant, who wu a clergy man in Dublin, and at present residing
In that city. It •pprared from the affidavit in support of the
application, that the plaintiff was enti 1. d. under a will, to •
legacy of about 214/., and that the defendant, who was an
executor, named in the will, refund to pay the amount of
the legacy, but offered to give 881. in lieu thereof, and that
the defendant had stated, it that offer was not accepted, he
would give up his church preferment and leave the country,
and would reside ateend, where the plaintiff could not pro-
ceed against him.—The Vice-Chancellor directed the writ
to issue.

Before Vice Chancellor Knight Brace.
SHIELD. C. Bouciaart.—Ql.lWlTlON UP PEDIGREE.—
MOTION 101 A NEW Taut..—The facts of this use were
stated in this paper of the 2nd ult. It will be recollected
that the issues directed were, lot, whether the plaiotiff,
Hester Shields, is the daughter of Elizabeth Allen, late of
Aldenhamstreet, Somers-town, widow, deceased. 2nd.
whether the said Elizabeth Allen was the daughter of John
Hollins, late of the parish of Wolverley, decree-ed. 3rd,
whether the said Elizabeth Allen survived the intestate
Richaid Hollins. The jury found a verdict for the plaintiff
an the first and third issue; bot upon the second,
they found that Elizabeth Allen wan the daughter
of one John Hollins, hut that there wan no evi-
dence to show of what John Hollins. A motion wan
made before his Honour feat term, on the part of
the plaintiff, for a new trial on the ground of improper
refection of evidence by the learned judge (Sir T. Wilde),
nu-direction, and other grounds.
His Honour this day gave judgment; and after entering
elaborately into the law as related to the reji ction of the evi-
dence, stated that in the view which he took of the case, it
was not necessary to grant a new trial on that ground; end
though he was dispooed to differ from the learned Chief
Justice as to the adminsibility of the several questions that
had been put, yet, considering the great experience of the
learned judge, especially on such questions, he would not
undertake to decide the point (even if it were Deem
My to do so) without the further assistance of a court
of law. His Honour, however, wu not ratisfied with the
manner in which the evidence of Simuel Shields hail bete
laid before the jury, especially ciinsidiring the affidavits of
the Coxfords which had been filed since the trial ; and he
had bean informed by a very learned and experienced judge
that such affidavits, wider such iircutnstances, might form
the basis of a motion for a new trial at common law. His
Honour also took notice that mire issues had been tried at law
than were necessary. n sati•fb d that John Hollins,
of Haire?, was thepaternal uncle of the intestate.Rithard Ha-
im and John Hollins had ace ordingly been described in the de-
cree and the lees at " the" ptternal uncle of the intestate. But
at law, the, bad tried that quistioa. and the Chief Justice
had WY Ilkoinry that it in fiet formed a fourth Wane. His
Hasse aid Uri fiossibly the record at law had been inaccu-
rately franted_ , and adaht have led his lordnhip to make that
remark. atm that was not the decree, and the issue did not
Involve that question, though, posel,lc, the decree might
have been more clearly worded. His Honour, after reading
the affidavits and evidence at great length, granted the plain-
tiff a new trial on the woad issue. _

GOSLING O. VRAET.—Rmwr or TUN MINORITT Or •
Van Tar LAWFULLY ASSIIWALED Toll THIS PURPOSE Or
MAKING A CiVaClt RATS, TKO aICaaSITY run Whirls is
RUT OISPUTZD, TO MAKI A linAsuNAl.La KATY IV Thu
MAJoIUTY Kit Usits.—•lsis wee a demurrer to a declaration
in prohibition. In the CASS f Veley r. Burlier, who h
reported 12 Adolphus, and Ellis, p. 300, Chief Jevtiee
Tilidel intimated AL opiniuu that circumstances might
exist under %hicki it would be lawful for the minority
of the parithioucee AI vestry mumbled, et a m.l nag
dui>. convened I r the jui pou of making a rate to
defray the expeatees of the heceseecry repairs of the p irises
church. on the reinedl of the majority to mike or concur in
the reeking any r te at all, to melee for that purpose, it there
thould out ho in band a fund applieselte to it, • rate
reams 'sable sod not excessive. Upon this surgestion certain
parishioners of lirmutree in Beam, the porith which thut
decision affected, intuited a unnieiou requii ing the church.
ward. no to make a rate for the iisossary repair oft e parish
church. The churchaardeue accordinely convened a meet-
ing of the parishioners Mr the puipme of making the rate ;
it was held, a rate was prop*. u, which admittedly wee
neither uuarceseary nor elres.i‘e, acid an amendment con-
demnatory of church lutes a. orpmed to "every tie of social
justice and religious principle" was moved thereon, and
carried by a large m..piri•y. The par shieners still mom
Coming assemhled, the question was put whether any other
amendment was to be propemd, or whither any other pro-
poeitnen was to be made ; no mower was retells.. d, and many
of the opponents of the church-rate re. iced. Thereupon the
churthwardeus and the minority, the 'retry still continuing
mumbled, deopite the protest of one tat the opponent*
of the chunk-rate on behalf of himself end those
with whom be hail voted, pram eded to make the rate. In
course of time payineut wee deunuided of the present plain-
tiff and eel-wad; whereupore• matt for subtraction of the rate
ores instituted agaiuet him in the mammary court. He te-
mpted to the libel, and the esveptien was allowed. The now
defendant appealed, and the deessiou of the coneistory court
was reversed. The now pl. Mute the:eel/pia applied to thi-
court for a writ of prohibition, and was ordered to declare in
psohibitiou ; ne did so, and the defendant demure. d, to
raising the questiou—whether a rate mode by the church-
wardens and the minority at • vestry meeting, duly
llMlS=bled in purausece of legal notice. tor the pur-
ple d making a church-rate, after the majority at
Nat meeting Les refused the rate, can be enforced
as a legal rate. The argument on the demurrer took
place on the 16th of January, 1816. Sir F. Thesiger, then
Attorney-General, supporting it ; and Sir F. Kelly, the
Solicitor-General, sustaining the declaration. The former
urged that the duty of repairing the parted church was im-
perative on the parishioners and could nut be declined by
them; and that as the old methods of compelling perform.
awe of it, ink edict and excommunication, were obsolete, .
the court would uphold a proceeding based on the legal
prirciple, that they who are present at a meeting for the
performanceof a they which the law requires that they per-
Item, and refuse to perform it, may be treated as absent, or
as having delegated their powers to those present who are
willing to perform the duty. The latter insisted that a ,
church rate was a tax, only to be imposed by those hi
whom the law had given the power of imposing it;
and that though the power of imposing it involved
the duty of imposing it, the legal remedy for
the nonperformance rat that duty was not the transfer of the
power to others. The court took time to consider its jadg-
meat
which was y eetertlay delivered by Lord Denman, w
the effect that follows.—lt was now clearly settled thut a
church-rate could only be made by the churchwardens and
parishioners in vestry assembled ; the former term g
the latter, if of the latter none attended, wed the latter term
including occupiers though not resident. To be valid,
however, the rate must be made by a m rity of those au
assembled; and, therefore, they who aught to upheld a
rate—in this owe the defendant—had cast oathem the burden
of proving afilimrtively that the particular rate had been
Made by the majority. The defendant, however, while he
admitted thin generally, insisted that it must be taken, with
the qunlifications, that the majority must be a legal one, that
is, must be cotiatituted by the greaser numb. r of the legal
votes given; and he Moho.d, that of ouch legal votes the
greater number had, in this use, been Risen in favour of the
rate. To MI pport this view, it was coutended that the votes given
at &meeting for making a ehurch-rate were like votes at elec-
tions for members of parliament, or fur the filling corporate
office. Now, in the latter deco eases, the rule was, that if
• vote was given for a disqualified person, the vote Was void or
voidable only according to the nature of the objections taken
to it. Ifthe disqualification was only discovered at the election
and before its completion, the party night proceed to vote
for another. But if, before the election, due notice of the
disqualification was given, the person voting in defiance of it
must be taken to abstain voluntarily brem Toth'', and
therefore to assent to the election of the other candidate.
He was present as an elector to perform certain duties; it
might be that his presence filled up the number necerary '
for performing those duties; his duty was to do particular
acts and no others; he must not employ his franchise to I
defeat the election, which must be lawfitily made at the !
lawful time; if he wanted to oppose the electron '.e must du
so he a legal way ; and therefore it was that he threw away
his vote if wilfully he gave it a wrong direction. Each
such disqualification depended on the fart that notice of it
had been given, because the elector wee eteitled to notice;
but if the disqualification was presumably known, AP, if nos
torious, it would be, then the principle laid down by Lord
Mansfield in the use of " Oldknowe e. Wanwright," that
votes given for • person not qualified are bad, appi. d.
Whether this principle applied to make good • churchrate
made under the eircumetances of this ease was Brat our
grated in the case of " Vesey v. Burder." It was a suititess
Mon only, but much weight attached to it, because of the
judge who made it, and the fact that he must have foreseen
that it would lead to this expensive experiment. On the !
other hand, perhaps, weight Was due to the fact that this
principle had never been resorted to before, even in cases of
extreme difficulty, and had never been applied to eases of a
Masa other than that to which these belonged that hod led to '
its being acted on. All persons, however, who were familiar
with the menciples of English law, knew that the lateness
which might characterise the recognition of • great principle
was no argument against yielding to it and enforcing the '
eonclusions to which it pointed. The cardinal point on '
which the whole ease tamed was whether it was conclusively
the duty of the parishioners of Braiotree to make the rate at
the particular time at which the meeting was held and the
rate refused. That d. paneled on the peculiar facts of this
case. Lillis lordship described them] From these it ap-
peared, without denial or dispute, that if the church
ought to be repaired, there was then a necessity
for repair.: yet an amendment was carried that
condemned the principle of all church rates. The fact that
the meeting was held in obedience to • monition from a
court of competent jurisdiction directing the rate to be made,
was in the present ease important as showing the meaning
of the conduct pursued; but it was nut necessary to decide
the question on that ground, as it might be determined on
the general principle. The meeting then having been duly
constituted. and no one disputing the necessity for the repairs,
the amount of the rate, or the propriety of that mode of
contribution, one only objection was made, the objection to
the law. That objection was improperly called an amend-
ment ; it was none. An opportunity, however, was afforded
for preparing another and a legal amendment, but none was
proposed. That which was not an amendment was carried
by the majority, and the course so adopted by them was, in
the opinion of the court, contrary to law, contrary to their
duty, contrary to their competence, as irrelevant as if they
had passed a resolution condemning the conduct of the Queen,
or hod valid the established church • nuisance. The law
W awe au them the duty of making the rate under the cir-
tamtttases they were only comp. tent to deliberate on the
ingua' and the proportions ; they were not acting as indirt-
Am*. bat as representatives of the parish ; and therefore,
Oat ma atimirion that some rate was necessary,
• .asuaadmsut was null ; the original question
fwd an amendment to it. The whole
egeggliga is, was it the single duty of the vestry
to walks fie rate ; if it was, no single member present was
entitled to prevent its being made by doing or attempting to
du anything else; just as in the corporation cases, the only
question was, who should be elected, not whether there
should be an election. The defendant in order to establish
the affirmative seeks to make three points; first, that them
was the necerity which being admitted, put it out of their
power to refuse a rate ; secondly, that there was 00 power to
r. fate to repair by means of a money-rate; and thirdly,
that no other mode was proposed. The necessity being
admitted, the plaintiff is concluded in law as to the first
point by the ease of Vesey r. Border. The second point
wits left undecided by that judgment. Is • money-rate then a
proper mode ? The imposition of such a rate was likened to
the bye-141w or ordinance of a corporation. It wee difficult
to understand this alleged analogy ; because a bye-law was,
nevertheless, a law, made prispectively and to he acted on
in a'l similar conjunctures for the future. There were,
however, ran ral cases in which the power of the vestry
to bind by rate was considered ; the parishioner. in vestry
likened to a corporation; and the expression, " bye-
law," used for describing a church rate. From those
eases, the court came to the conclusion that a money-
rate was a proper mode of obtaining contributions from
parishioners towards the repairs of their parish church.
Then, an to the third point, the court agreed with the de-
fendant that a money-rate was virtually the only mode
available, fur a money-rate wan in fact imposed. The amount
of it was not disputed ; on its face it was reasonable and
lawful; it could only be displac.el by something equally
feasible, and that was not done. The result then was, that at
a meeting lawfully assembled for making • rate for repairs that
were wanted, a reasonable estimate having been made, the
amount being proper, and the duty to make the rate being
clear, • rate wan propoeed; no amendment in law was made
on it; the majority in number refused to concur in making
it, and did nothing ; the minority in number voted for it :
this, the court thought, was a case calling for the application
of that rule acted on in corporate elections, to which allusion
had already been made. The vestry had met to do a certain
thing; they were clothed with a limited authority; and
whatever they did foreign to the purpnee for which they met
will contrary to their duty, and must be treated u if they
did nothing—aa if they had been silent, and thereby had
e,ssesited to what the others did. In the present
we, there was a reason for not hesitating about
applying the rule ; every het of the CASE won well
known to all present, and also was the law. Neither
must it be supposed that the court wall applying to this Pee
a rule appropriated to cues of a nature altogether different.
The rule was general, and applicable to meeting. of every
buiiletholi::...td.omwlre:e:h::::::7l.7llddo:thrtito,adiy.tnyetsf:kelways been applied, it being the
eta chairman
t a
part ih:rnuethtthmtelaimproc.edie It:Ariutthdyee?lipactba.tudeiommra
jusaw.:htriichett;
all have met. Suppose twenty men were to meet for the
purpose of doing an act which the law required, the only
question being as ti the mode of doing it if fifteen of them
refused to tie it because they objected to the law on ground,
of conscience, was the law therefore to be set at nought ?
Comma sense dictated the gamest that they who stood Muni

DUVALL v. New RI4ER COMPANY.—Mr. Faber moved
is this cue that the Company should pay into court, for the
purposes of investment, a sum of upwards of 5,0001, the
amount of accumulated dividends and shares to which the
plaintiff claimed to be enti,ltd. Mr. Alinutt, on behalf of
Itie Company, objected to the payment of the money into
court, as the suit might not be prisiceuted, and the plaintiff
had yet to establish her title. His Honour said, that, as
the plaintiffs title was .a admitted, he could net order the
Macy to be paid late Mat

',

THE EXPRESS, TUESDAY EVENING, FEBRUARY 9, 1847.

must be taken to have resigned the power to the others.
This case had been well like fled to that of a ant of manda-
mus, to afla the seal of a commotion, the obedience to which
by a minority would be valid, though a majority should
not take a part in doing it. It had been said that
is was the duty of the chairman to take the sense
of the ms eting on what was in this case called the amend
mi nt, hut his allowing it to be put did not enlarge the
powers of the vestry If the punishment by interdict, with
all its consequence*, were now in SIMUDD, Mild it be con-
teeded that the mite-rite would not be at liberty to avert
those consequences The retirement of the numerical ma-
jurists did net make it necessary that the orig.nal proposition
should he n rated ; and it must be taken that on the ori-
gins' propoenson the solo was taken. On the whole, there-
sore, the court was of opinion that the rate was well made,
and that the ju. gment must be for the defendant.—Judg-
ment for the defendant —The Bishop of London was pre
stet on the bench during the delivery of HIM judgment.
THE MVPS'S O. Urrom ST. LKONANWS.—CILIMINAL
ISPOSIMATION AGAINST A PARISH FOR SON-ItZPAIM OP A
MIOHMAT, ON THE BUOOESTION OF MISCONDUCT IN A
ONAND JUNI' IN lONOILINO AN INDICTMENT FOR THE
*AMY NON•REPAIH.—TI.e emus had taken time to consider
its judgment on ruks raw tor criminal informations against
the parishes of Upton St. Leonard's and Barnwood. sn the
county of Glounster. They had been °Atoned on affidavits,
which stated that two magiotrates, who had en interest,
as inhahi'aota of the perishes, in opposing the repair
by them. had refused to submit the question of liability
so an arbitrator, on the ground of it. being a proper question
'or a judge; that when a bill of indictment had been pre-
ferred they had been heard to decors., in their capacity of
grand jurors, by a witness in the gravel jury room, that the
rued was useless; and that the bill was louored by the grand
jury. Canoe wan shown on certain legal around., and on
offieleviis which, without denying the tuts alleged in there
in support of the rule, stated that the two magistrates had
not taken an undue part in the discussion, and that nothing
unusual had been done. Lord Dearness gave judgment,
cod said without giving any opinion on the merits of
the case, or imouting improper motives to the patsies, the
court woe of opinion that the two magistrates should have
ebonite d fro.n taking any part in the proceedings of the
grand jury while the indictment wan under its considera-
tion ; thin the prosecutor must be taken to have been ob-
structed is seeking justice; and, therefore that the matter
ought to be pat in a train for investigation. The rules
therefore, must be mode absolute, the court mourning, for
the present, that it had the power to int, rfere in the man-
ner suggested.—Rule absolute.
- •• •

its knees. He denied having used any cruelty towards the
animal, or having assaulted the officer.—The poisoner was
committed he trial.
WORSHIP-STREET.--Cli ARITY.—Mr. Broughton re-
ques-ted the reporters to acknowledge his receipt of Si. from
the Clothworkers' Company, for the poor-boa of the court;
and also an lob renting communication inclusing fis., the
accumulated pocket money of " three little girls," for the
same ts-neeolent purpose,
RLBOHO Li 0 H-STREET.—H on war Roue ene.—
John Jones, whose real name is He Jerson, was charged
with having committed the following highway rubirtuy on a
married women named Emma Seymour.—The prosecutrix
said she lived in Crown-eon, Soho, and on Saturday-night,
about half-past 12, she we, on her way home thsvugh Great
Pulteney-street, when she was suddenly knocked down by a
violent blow on the face. The man vv.) knocked her down
immediately took from her bottom • sock con sitting a sove-
reign dud about twelve shillings in 'liver. The man then
edited her hand, and forced two gold ri, p from
her fingers, with which he ran off. She called
loudly for the police, and in a short time, a
esnotahle came up, and received from her the partienlan
I of the outrage and rubbery.—Police-corsittable Clark said be
was on duty in Peter-sire, I, when he heard loud cries for
assistance. He went immediately into Pulteney-rrees, and
found the prementrix lying on the pavement bleeding from
wounsio on her face. Having heard the partied .ra of the
rubbery and received a description of the perpetrator, and
this description answering to that of Iletienvon, whom
he bad hut the moment before met iu Peter-street, he
went in sedrch of the prisoner and found him at a public-
house in Husbend-strect, and took him from thence to the
station house.—The pros-tent:ix, on seeing the prisoner,
identified hint without hesitation.—He was fully committed.

WESTMINSTER. COWARDLY ASSAULT.—WiIIiam
, Grady was finally examined, charged with the following
bested stunk :—At about half-past twelve on the night of
the 31st ult., George Jackson. a pensioner, was walking
along Symond-street. Chelsea, when he raw defendant beat-
ing end kicking a navigator who was lying on the ground.
Jackson observing the defendant recede a few paces and
sasin advance to kick his prostrate victim, interposed and
tusked whether he intended to murder the man, upon which
defendant attacked him (Jackson) with great fury i but
finding that he warded of his blows, kicked him so
severe,' on the knee end in the stomach that he fell. Whilst
he wu on the ground the ruffian kicked him several times
in the head and then ran off, but was pursued and coptured.
Jackson, who was bleeding profusely from two severe wounds
on the head, one of which was describ d as eight inches in
length, was taken home, and in consequence of the serious
nature of the injuries he had received was unable until yea-
terilay to leave his room.—Mr. Broderip committed the pri-
soner for tele!, but offered to take good bail for his appear-
ance et the sessions.
SOUTHWARK.—Atteoen ROBBERY.—William Bur-
jeld, the night porter at the Catherine-wheel Inn, Borough,
charged with stca'ing • pocket-book containing 3001., the
property of Mr. Skipper, under the circumstances already
det died, appeared urn his recognieances to hear the de-
position read over o the several witnesses, preparatory to
the caw being sent for trial. When the name of the princi-
pal wifttes (Mr. Skipper) was called, it was found that he
was not in attendance, and his absence from the court was
accoun'ed fur by • gentleman named Burbidge, a solici-
tor, who stated that Mr. Skipper was prevented front being
present owing to the apprehension he entertained of
being arrested on his leaving the court. Mr. Burbidge
then applied for the restoration of the 3001., which was
found, as already described, in the street near the Cathe-
rine Wheel. when the parties were going to the station-
hrire after the prisoner was given into custody. The ap-
plicant then produced a written authority from Mr. Skipper
for the whole of the above sum, describing that he was in mue h
want of it to enable him to arrange some pcuniary 'seamen,
so that he could attend the court without the rink of teeing
arrested.—Mr. Cottingham, in reply to the application,
mid that he had no objection to order • portion of
the 300/. to be delivered up to the gentleman who
was empowered with the authority of the owner
to receive it ; but that be should retain the
remainder, in order to encore the attendance of
Mr. Skipper to prosecute the charge. He should issue a
summons to compel the prosecutor's attendance, and, upon
the, preens, he world be perfectly free from street for debt
while coming to that court to give evidence, and until his
departure. The depositions of the witnesses were then read
over by Mr. Edwin, the chief clerk; and when he arrived
at the evidence given by the three policemen, 101 M, 191 M,
and 30 M, they stood forward and stated that they omitted
to mention, on the previous examination, that when they
were called to the Catherine Wheel to take the prisoner into
custody, Mr. Skipper informed them that he hod searched
the man, and found nothing in his possession, and that was
the reason they (the policemen) did not consider it necteouiry
to institute another examination of his person.—Mr. Cotting-
ham expressed his astonishment that the policemen should
have n, gleeted to mention so important a fact when before
him on the last occasion; for he remembered having ques-
tioned them separately on the subject of searching the accused
before they left the Catherine Wheel for the statiory house,
avd that neither of them said one word about that which
they now asserted upon oath was said by the prosecutor to
them --Mr. Humphreys urged the necessity of adding this
new testimony to the depesitions,and this being taken down,
a further adjournment of the case took piece, in order to
have the prosecutor's evidence to complete it.
THAMES.—POLICE AGOREMSION. —Jere/mica Gammas
was charged with smutting two constables, Storey and Pads&
more, whilst in the execution of their duty. About two
o'clock an Sunday morning the prisoner, his wife, and his
sister-in-law, were proceeding towards King-street. St.
Ocorge'e' with • box belonging to his sister-in-law, who had
just left her situation in America-square. Storey peremp-
torily demanded to see the contents of the box, which be
ordered the prisoner to take to the station-house. Donovan
said he bad been his own porter thus far, and if the box was
to go to the station-house, the constable must fech it.
A controversy arose upon this point, and the pri-
soner tore the policeman's coat down the front. Another
man, whom Storey supposed to be the prisoner's brother,
struck witness a blow which felled him tr the earth. On
vetting up, witness pursued him, but soon lost the track.
When he returned he found the prisoner kneeling upon
Paddimore's chest, and holding him by the neckerchief in
• state approaching to strangulation. There was a great
crowd cab .ut, consisting chiefly of women, who all joined in
assailing the police. Seeing the danger in which they were
plated, Storey felt himself compelled to resort to his
staff. He made a blow at the prisoner's arm with the
intention of rescuing Paddimore, hut as Donovan
twisted about in every direrrion, the blow alighted
on his head and cut his temple. The blood flowed
profusely from the wound, and as the man appeared to be in
danger, Inspector Hanbrook, of the Thames police, who
came up and saw them staunching the blond with sawdust,
directed that he should be taken to the nearest station-house,
the Themes police, Wapping.—Mr. Entente the divisional
surgeon, was immediately sent for, and ordered the man to
be conveyed to the London Hospital, but, on a subsequent
examination, by Dr. Roes, though the man was almost in •
etateef eyncope,such • prouedingwasthought unneceseary.—
Mr. Hodgson, who appeared for the defense. elicited nume-
rous facts, which moved that the police had deed with great
and uncalled for precipitar.cy in the case. Ile called • woman
named O'Keefe, sister-in-law to the prisoner, who swore the
man was most grievously maltreated by the onsetables,
who struck him with their truncheon* whilst in a
state of insensibility, and dragged him along the mire
like a mere carcase. The prisoner's wife, who was
present on the occasion, called out that her husband
was murdered, but they did not heed her cries. This
witness, et the conclusion of her evidence, was so silected
by the recollection of the scene, that she fainted suddenly
away, and had to be conveyed out of the court —Mr.
Yardley observed that the question was a very intricate one.
The constables had a right to look after property at that
hour of the morning, and the question was, whether they
had ezeeeded their duty in the amount of punishment in-
flicted on the prisoner. There was no doubt that he had
been severely ppunished,, and, under these circumstances, the
case must be discharged.
•

MONEY MARKET.

MONDAY EVANINO.

It does not appear that the Bank broker made hie
app &ranee on the market to-day, and it is probable there-
fore that no further sales of Reduced stock were made for
account of the Bank The fund., however, did not recover
on the cessation, temporary or otherwise, of his operations,
but continued in decline. Console opened at 90/ to j for
money, and 904 to 1 for time, being 4 worse than the last
quotations of Saturday, and after 'rations fluctuations
settled down at the dose of business at 901 to : for
present transfer, and 901 to ; for account; the market weak,
and under the impression that some heavy parcels of stock
had yet to be brought forward. Reduced Threes, 90; to 1.
Three-and-a-quarter per Cents.. 921 to 1. Exchequer Bills,
6s to 94. premium. Bank Stock, 203 to 4. India Stock,
249 to 2.51.
The report, telegraphed from Southampton this morning,
of the Dee mail-steamer from the West Indies and Mexico
being of, produced en improvement momentarily in Mexican
Bonds to 224 to 31, under a lingering hope tint something
for the dividends might possibly be heard of. But when it
became known by express intelligence that all the
bullion and dollars she brought were for mercantile
account alone the bonds receded to 221 to I. The letters
and papers by the steamer have not yet been delivered in the
City, awl probably were not forwarded from Southampton
in time for the last general poet delivery here. Portuguese
were better on the report from L slam that the 20 per cent.
imposition was to be withdrawn, so far at least as the foreign
debt is concerned. The Bonds rose to, and were trot quoted,
344 to si. Spanish Fives 244 to 4 ; the Threes 344 to 4;
Deferred 161 to 17 ; Passive sto 1. Brazilian are called 84
to 6. Pusnos Ayres 40 to 3. Chilisn 93 to 5. Peruvian 38
to 40. Venezuela 38 to 40. Dutch Two-and-a-Half per
Cents. 58 to 4. the Fours 92 to 4. Danish 87 to 9. Russian
1114 to 121. French Four-and-a-Half per Cent. Rentes 1094,
at exchange 26.40.
Several of the provincial joint stock banking proprietaries
have been recently holding their semi-annual meetings, at
which they were gladdened with the exhibit of favourable
balance-sheets, and the announcement of very mtiefactory
I dividends out of profits. some of them, in Staffordshire more
youth ularly, at rates as high as 8 and 10 per cent. upon paid-
up capital, besides carrying a handsome surplus to the re-
serve fund, and, of course. writing off any bad and doubtful
debts. The prosperous state of industrial affairs was in all
earn by the boards of direction as the satisfactory
ea Uli
se of the extension and improved condition of
banking business., and, no doubt wish truth, so far
an the particular districts in which the banks are located, or
on which dependent, for it would be unsafe to conclude fur
the equal progress of all interests by the more flourishing
situation of those of Staffordshire, so intimately connected
with and promoted by the railway movement.
It were to be wished, however, that at these meetings it
wee aim the custom, than it appears to be. to institute in.