The Express.
London, England, 1848-11-03 00:00:00

perimns

NAVAL.
POWNMOI: tN. Nor. 2.—Seperb, 80, Capt. Corry, 1. daily
*spatted here from Me Yediternamm Bee pried of sommisnon
Wine per,d, she is ordered m be *dog ali eraading, and to be re-
scanimemeni immediately ter ars MIMS& Orden have skald, boot
pool ice her complemest of Royal Marie" to be tarnished tram the
&viss st this port, and both Aiken and men are ready to elk.
—aharnhooter, st., went oat of harbour yesterday and is reedy Swr
ees.—Eneounter, et.„. west out to try lot memo dila morning.
WoOL (CH, Noe. 1— Tbe Heard of Ordnance leave
onk red that • plan mamma by
mom ot the carriage
departmesi, tor pining heavy mom &di be sdooted for oil pivot
Rana mrd is the version—The eppelatamate d Com. Gardener sad
Lem. Molars be Indy hem Men ermeeldeL
wADM lIIALTT, Kov. 2.—Arroprruinres.— Lieutenants
atese •O. A. !{tiara, le Oreette sad 1.7. L air-
OW. M : J. T. Phillip mid J. 8.
CYOy, to
Ammo; IL IL Inalheree te lismilent; 1. Carer end r. to
—Novel diets : C. Z. Osellam, Bea. J. B. Vines. A. Utak
Ztilmateell.lo Misr

---------
----------------aaiouot„ but instead of its being served on Ireland, who had
len his,
employment sad bees succeeded by the plaintiff, it
we
given to the latter, who protested that his name was
not " Ireland." but " Welley," and did not attend the
essamoss, or take say notice of the farther proceedings
d,
in
the cam in e, cosinmesase et which he wee finally arresteh,
judgment having buts obtained by default. Throug
out the whole of the proceeding sad whi
s the plaintiff per-
sisted that his mama was sit Ireland, m
be taken into custody several pe
wm Arsons spoke
to the fact of his same being " Walley." ffidavits were
sitivequently made as to the identity of the plaintiff, but the
defendant refused to interfere in his behalf, a lleging
had sold
that he
believed him to no Ireland, the person to whoa he
his goods. Ibis plaintiff's cue luring been clearly proved.
the Jell found a verdict in his favour—damages 50/.—Yr.
Munn, Q C., now snored for a rule calling on the plaintiff
to show canoe why the verdict should not be
und, entered for the
defendant, or a new trial had, upon the grot thede-
, that
the plaintiff hubs been saved with the process,
fendant insisting upon his heir g his debtor, it was the pliin-
tiff's duty' to hays appeared and defended himself notwith-
standing the error as to his nesse; sad. oreondly, that the
learned judge had miedincted the jury by telling them that
the defendant might have promised the release of the plain-
tiff when he was In pekoe, which the Wanted counsel con-
tended induced the Jury to increase the amount of damages,
whereas the fact was that the power of discharging the
plaintiff from mut 'Cy rested solely with the court in which
the proceedings had been takes.—ltale granted on both
points. ----

BAIL COURT.—YEirrannar.
Slttlap la Brea
CnaLLIS AND PH111.11% o.lllCnot —nye, 0V Rltiltaal. I
Mr. Joan d, ea behalf of the plaintiff Challis, for••rule
calling on thereeft to S
app ea why • plea of release
*Would not be set aside. Itad7ped that the release bad
been esernted by the other tiff. Phillips, and as the
Plaintiff Ch Allis now conte ,in a fraudulent manner The
two plaiatith were in partnership, andbecomingembsmmed.
en eartement for a compeeition was entered into between
them and their 'Miters. One of the terms of that arrasge-
ment was, that Challis should take upon himself the tattle-
!sent of the partnership obligations, end also receive all
debts duo to the Arm. The defendant WM a debtor to the
the
firm, and the plaintiff Phillips, contrary to the terms of
conspositien deed, released him from the debt. The plain-
tiff Challis had subsequently sued the defendant, who had
pleaded in bar tothe entice the release given him by Phillips;
hence the memo swill:adds.—The court emitted a rate
TUB Quintal tr. rn•Sorr is WISTRIN RAILWAY COMPAN T.
—3IANDANCIL—Mr. U. D. Mill, Q.C., moved, on behalf of
the Smith Western Railway Company, for • rule to show
rinse why aMe for a mandamus obtained by three gentle-
men of the names of Brows, Ward, and Dean, should not
be get aside ; ales why the writ of mandamus should not be
quashed and all farther proceedings stayed. The circum-
stances of the ease were shoed, these : Messrs. Brown,
Ward, and Dunn, who were partners, were the lames of
certain premises which the South Western Railway Com-
pany had given them notice they should require, noon whir!
ft notice wee served on the company that Messrs.
Brown, Ward, and Dunn wished to have the matthe
ter
determined by arbitration. Subsequently, however,
fleet two gentlemen thought it would be better that it
should be settled by a jury, end a mandamus was granted
to that effect, upon an affidavit stating that all the partners
joined in the application. That, howevir, was not the ease,
as the mandamus was obtained without the knowledge or
consent of Mr. Dann. who was still deeirous that the ques-
'ion should be referred to arbitration. The learned counsel
submitted, under this state of facts, that the company wll the
partners did not desire that a compensation jury should be
summened.—Mr. Justice Patteson : Take a rule to show
cause. -----

COURT OF EXCHEQUER.—YeferIaDAY.
The presiding judges for the present term are Sir F.
Pollock, C.D., with Barons Parke, Alderson, and Rolfe ;
Mr. Baron Pratt at chambers.
RILADDIII C. /1111 LONDON AND NORTH WISTEUN
RAILWAY COMPANY. —COWPENSATION You LOSS or
Ltra.—This was an action brought to recover compensation
for the death of the plaintin's husband, who, with another
man, was unfortunately killed, last June, by the falling of a
stone nearly two tone weight, which was being elevated for
the purpose of compacting one of the viaducts on the Leeds,
Dewsbury, and Manchester Railway, which wee soul-
Rousted with the delendants' railway tame time before the
fatal accident. The cue was tried before Mr. Jorticei Cros-
well during the lest anises at York, and • verdict having
pared for the plaintiff, Mr. Knowles, Q.C., moved fora rule
to enter a verdict foe the defendants, or • nonsuit, upon
the ground of misdirection. It appeared the via-
duct in question was being constructed when the
Leeds, Dewsbury, and Manchester Railway, " with all
contracts, tic. relating thereto," mu transferred to the
defendants. They never interfered in any way with the
contractors who had been employed before the certificate of
transfer of the Board of Trade had been issued. It was,
therefore, contended that the learned judge should have told
the jury that the defendants enured not be held responsible
pnehlesee
Lc the nay' of contractors who were not their servants
or employed them, but that the contractors were them-
selves y liable.—The Lord Chief Baron observed,
that in many instances contraetou escaped responsibility
themselves, bat still made their employers answerable for
their aiscoaduet or negligence. There were also lemma-
noble ineteseu in which contractors,and nobody else,
could be held responsible. For instance, if a man
seat his carriage to be repaired, and the coachmaker was
guilty of each segligesee that a third person was thereby
injured, the contractor and not the owner of the carriage was
responsible. The question as to the defendente liability
was, however, worth discussing, and the rule might
fore be granted. Rule nisi accordingly.
BOOsEY C. PUILDAT.—COPYISICINT IN MUSICAL COXPO.
sITIONS.—On the motion of Mr. Bovill. a rule nisi to enter •
verdict for the plaintiff was granted. Both the puties were
moo:cullers carrying on business in London, and the action
wu brought for the or fringement of the plaintiff's copyright
in an opera, consisting of ten airs composed by Bellini at
Milan in 1831. The composer shortly afterwards assigned
the opera to one Rico di, who on the 9th
of Ju
ne
ne
in that year assigned it to the plsintiff.
opera had not at that time been published any-
where, but on the 10th of June, the day after the plain-
tiff's purchase, five of the airs were published at Milan, Hine
at Paris, and the entire number (ten) in London. The
question was, whether the publication of nine of the airs at
Milan and Paris was such as to invalidate the contract
respecting them between the plaintiff and Ricordi.

COURT OP COMMON PLEAB.—Yzormteer.
sada.' in Banco.
Chiefs, Justice Wilde, hlr. Justice Coltman, ai,d Mr. Justice
William upon their aura from the breakfast given by ths
Lord Chancellor, took their seats upon the bench &only
court, two o'clock in the afternoon. Upon the sitting of the
court, Mr. flo4mint wits admitted in right of his
swirly acquind dignity of tho coif to take bin seat within the

--------------
him at Croydon, three days after they quitted town
together, and that he did not know where she won.
Witnen proceeded to the stetion-house, and hovite men-
nutted the grounds of her suspicion sea:nat. the actuved, h
at
e
was accordingly taken into custody. She further said, th
being very poor she was not in citctuustasces to go down to
Halstead, otherwise she would hare proceeded there to idea-
lily the body of her sister, it it was si.e that bad been mur-
defed.—A police-strgeaut stated that he sew the body of the
murdered woman the day after it was found, and that he
had en opportunity of witnessing her feetures,woich very
much resembled those of the woman who bad just given
iter evidence.—Div. Cotti7:gham remanded the prisoner, and
he at the same time directed that the clothing intoni upon
the person of the murdered woman might be sent down for
t 3 lialstesd, in order to he produced in court for the inspec-
tion of the witness, Ann Riordan, who would be in a condi-
tion to identify them, if they belonged to her sister.

formed that It is not the intention of ire aommlisi th.,
warrant for the calends% of time applied for by il,e compa.,.
_1 a
Ste., 11. D. IiALSILL—J. Kennedy, Pam, Abbey-street, boon ern'
Mr. Some thought the letter of importance, and reowsed the feel'
legs of the propmetors on the suby Cl. It even recoiceiord the rigs;
of the rhereholders who had not paid up the calL—Mr. Lr Branco"
moved the following resolution, which was meow td by Mr. Cron
and carried That in order to ovoid litigation and ail ite come,
queues, this meeting recommends the rhareholders to pay 2/
Stare in the ma..ner sugg: pled by ties directure of the company,
St We
that the e Asting committee be authorised to commundate thia to the
directory In order to carry out this mane meat."—ln. Gagiova, then
moved .' That in the event of tied directors refuels, to weed. in shy
prep:mm.o, web legal proceeding" MA may be demo cl adviesble m
unmediataly L saluted fur the purpose of omtecting the sharehuldmm
investigating the conduct of the eine-tom, aod the manse en wLicli
the furdsof the company Lave been applied." Agreed to. The Sett-
ing was then adjourned to Monday neat.
MISCELLANEOUS NEWS.—ELCOMMENDATIO:4B op
nix itattwar COMIIIPBIOIII3II 30,41/13f ACCIIIKNIA BY C 01.110.1..—
In reporting won accidents by colLinoo—the soon aggravated ;armor
railway washy, but now, owing to the great care adopted Lo toe
compotes, the lest mcorrirg cause M aecident—the railwafecan,
missionrm, as the result of investigation In thirty-seven cams, recom,
mend that in large trains there should he a Fontenot number of
guards to work the brakes, and that collieluon are to be attributed to
their deficiency. It bad been suggested that a brake should be
attached to every fourth carriage, and, by a royal ordinance of
the tete goremment of Eran,-, a minder proposition was m-
joined for MI the trains on the French ra lwaya 7 hey ensider
it questionable, however, whether, with the extraordinary opeed
now commonly In use, even this proportion would "fond
sufficient smoky. The easinimioners assume that the raw
power which con Sop a train within a gives distance from a seed of
twenty-Svc snits an boor would require ready four times that dim
tame, under similar eircumstancer, to stop a train hom a oats d
fifty mild. an hour, • speed now frequently adopted. T.) attach a
number of guards duly proportioned to its weight and the speed at
which it le to treed would CiIIRC a considerable memos Is the nark-
ing charges of railways; but the oommbeioners oonskier the question
too important to be abandoned on such ground... and that it remiss
the stoke,. consideration of every railway company in the kiamlem.
They have pointed out to Captain Hunk, of the London anti Non/
Western, these their views us to the evil& a deficiency of Make power
in mognifylog the effect,. of COISIona, ill order to the making was
joint recommeadation to be generally Wowed fig public safety. ne
OLlMMilwalliWyA tied the unequal height and sum
of what are called e• traces," tend to aggravate the injures arising
from fic-iakmta by collision, and they reanumend uniformity as fa
pOreible.
VALE or NIIATII.—We have beard that two additional
contracts on this hne b re been let to reopechine nano... It op",
the armoan are eery ersirmas to complete the line to Hinman ley the
time the South Wades itidlwoy is completed to tivninsea. Tie. "ills
chairman of this Inc (find Millicent) hen recently attended two teeth
legs of the dinctors at Neath. and went Over part of the acree or ins
line. Mr. Sharpe is proceeding rapidly with his contract near MET-
thy., and Menem Wm. Ho:Sera and Lean Bevan are making some
slow In the loser part of the vain—Swansea 11-raid.
eIm:I:PUPAL) RAILWAY TkAPPlC.—Since the opening of
the Shrewsbwy and Chester line throughout the increase in the ca-
rding trate between Liverpool, Birkenhead, Chester, „alegamd
Shropebire Ilea isreand greatly. Arrangements have or n node at
lerkeutioad eo us to revue the delivery of gteoda sent to tie detait is
Liverpool early the following day at Stare vrabory and all slung die line,
intend of occupying shout five days an hitherto.
ittaSen RAILWAY WOHKs.—The Jliriatrr of Public'
works is taking the atomossy sew for earrylog on throughout the
welter each twltioma id the yarns. lines of unsay as are to be cos.
strutted at the eipeuse of the state. The present large Rumba el
lemurs' inipioyed on the central line in the deportment' of Meets
and of the haute Vier ne will be kept on, and in a few days nearly a
thousand will be added to the works near Nerondee. The Pais mad
the Paris and Strasbourg line offering great rcrources to t, e mom.
ployed Labourers of lie- capital, grants of money hare km recently
mule, ruff/cleat to provide for the weeks In three dap:admen,' Sam
of the Mame, tie Haute kiss, and the Meese. The department of
the Maine et Lane has lately received • great many of the ouvriers
the ateliers notionaux. The woks of Ss Pardo sad Lyon., ht the es-
nen, of the mate, which have been VW] time mterropttd, will amen,
be resurr.ed. By the activity of N. J.:Wien, the engineer in chief, the
operations wiil be weed over such so extent that by April next fits
line will be tutheiently advanced to allow of public tratik as Per se
Impede, a distance of about 118 miles. The western hoe has folly
sonatint funds to provide for the ccmtbsance of the wake.

PUBLIC SALES—YEaTREDAT.
By Messrs. CRONY, at the Mart.—A treetiokl teatime,
paddock, and four encloeduee of meadow land, oontalnime Oa. Ir. 2/4„,
en Wrothanl, Kent, subject to 2/. 13e. 2d. per sumo., tithe and eon
charge ; all land-tax redeemed ; sold In lota for to3i/.
Mr. MA mit , at tha Mart —Absolute revert= to 1,0000.
31 per cent. Cowrie, on theeicath of a lady, aged 7.); 620).
Aanuity in 121. ilk,. sd. per annum on a lite, aged 07 ; 831.
A/PPOlllte TrivVioll CO 004 on death of two persons, aged 40 sad 01,
and annuity of 71.11 a. for the duration of the wane lives; ILK
Absolute reversion to three-fifths of 1,1300. on death of a lady,
aged 0.0; secured upon freehold prrperty, let for W2l. 91., and
monies and shame amouramg to 3,0201. ; •2614.
An NUM at Clapham, producing 321. los. per annum, far
years; 124.4.

COMMERCIAL AND MARKETS.
PRODUCE.—lfincum-Lmis, Nov. 2.—The raga
market has worn a firm appearance from holders relusii.g t~ take
lower Tatra, and buyers appearing at a shade decline; the result,
however, showing a 'Trail amount of Whim actually done, lay
120 hhds West India in the private contract market; there has not
been a public oak twaloy. The refined market is a shade bett.r ; a
full amount of heehaws done. Adviccs from Hollw d and Hamburg
received to-day give an improved amotaut of the snow markets in
those pleats. A cargo cf Bahia has been sold today Mod fora near
port.--Ooffee, the ales went off heavily, and but a small part found
buyers.--Cotton 500 bales Curet sold freely in public, and 1,200
bales by private contract at a shade advance.—Pimento wild at high
rims, from the anallness of the sock on hand; middling, 411 lb.—
Item the government contract for 54.1,t)U0 gallons proof, Mg Fart
India halt West bat; 7. ;3.4.11 :".7 222 the price presumed to
be to. Elul. per 1111012.—Tallow has been firm, 43e, IA. B.l.—Metals:
the iron market remains dell; Scotch pig, 4:e. per ton. Rocker,
la to 111. ss. The scarcity of !finish manufactured tin has is-
duccd the makers to raise prima 26. oer cwt. Block., 796., and bars
to.. id.—The fortnightly drug sales went off heavily. eaator
partly told, Sid. to 71d.; c mamon oil taught in, Ss. ; oh, pepper.
mint, bought in, Ss. to 9a. ; Guinea grains bought in, Ess.; skeWe
bought in, 316. fid. to 345. ; camphor, sold, 42a. to 41s. Cd. ; wpm-
wood, told, 71. Ss. to W. 7a. ed. ; Ceylon deer horns, sold, 43.. loans.

COTTON.—ldvnaPooi, Nov. 2.—The market to-day
WA very auggiatt, and 3,000 bales only ROC POW.
MANCHESTER, Nov. 2.—ln the yarn and cloth market
there has been very Gttle change @Moe Tumlay. There has been
scarcely .o much cluing ttaday, yoctrutpr, as might hare been tzpected,
but Prima Mauna an before.

SHIPPING INTELLIGENCE..—:JAILL
sai DITL,A DOL'Alli. /frOVAlltl. Du,
Dublin...... el I lake' .... 0.0 Inlia r. Reel- 0 Mexico sal
u Waterfowl .. Oil Fender. Nov.leb
1 D•lAliadoe. 0.1 Prom*. ... 00 Po. Mantelh..s C 0 ti.ludh, gory
1 onern.inkes. Utzon..Nor. 00 testae and liae 0 flraral..liur.lll
Ilaaabura.... cao Fre. N.S.W oi het .. Nor. 0
Gaaressn, Nov. 2. Arrived Fortitude, Porto Rico ; Julien
Cesar, Ales ; Adder, Rouen ; Neptune, Ceasefires ; Nep113213.
lin ; Isis, Rainbow, Rotterdam ; city oi Boulogne, Boulogne
Tourist, Calais ; Rapid, Rouen ; Patriot, Faro ; Attwoed, City of
Rotterdam, Rotterdam ; Magnet, Harlingen • louts
Resale, Rouen ; Joseph, Stettin ; eyelet.' ; Fortuna, Aalborg
Union, Rouen • Isabel, Ithm ; Itoseberry, Royal triton, Bantle
Margiret limilpberg ; Ebenezer, PetCrablarg ; Ctltew. Bemires
Cowen, : heminonis, Clyde ; Lion. ilartin-ren ;
cir-
CslbrAllAt ; Mary, New Zealand; George Beckham, Bombay;
Cane:, Matleita ; Albin, Boulogne; ISCIWC,CaII/(11; Soho. Antwerp;
Skuida, Battle; Ranr, Amsterdam; N. Sir, Cape Coact; Use.
mania, De 2 Brodie, thew, &Wu ; Mary, Berbioe ; General Ales.