The Express.
London, England, 1851-12-06 00:00:00

boiling the root. By this praises the powder whieh re-
mained after the boiling could be made no nee of, although
it was knows to contain murk colourist winter. In 1820
the subject attracted considerable attsatish in France,
where the madder riot is eatessindy ealtinted, the dye
being used to colour the treason Of the soldiers. Four
Frank &mists discovered. sheet dui nos time, that the
applindes aaf salphatteend Mistwit sr and madder
weelielbsithe slimiesl dsoseiyeshia aeassaae7 to eaters
the asks= raise hem hi. This discovery was
lees e the melee at the inn& my
tisiest sad the hoe eitenlete
an mend 4 dear divisively in a beak emßei "Le Memel
due Febeinee eladiaten.'"Tise„ suburbs IBS
18
hem If nondar is tensed neemelne." Le 33 the de-
heint. emotive of Ahab. ohms miler is szerilvely
teak en a poen r this innatry her en-
entilda premiss Is. freeli, est else am
dt
maim k The wee of the Fre ts& elmeile wat
lin UK nen after which it was troikas& was
eat the plasm it described was at cote sawed
_by eseMl
=awl Wise pintas in the usiebbei et Mop
.Ia 1841 a oust wee home Is Lades tat As
ems purpese, and the esie was serried ea
w Is 1843 the 11111Arkes
',bleb wee the subject et the leek eat a mind
t iuiry, sod w terr
wee eseasaded by the VMS aim
ere repetitious if
thipabstaresat, sad of the Fenn detailed la the bask
by the rime elwasith The inhales& is She
messed pint dallied, se bh invades, the osselhelses
lii=elas from spent amide, by the irbeitselisa et
best produced by amen, in additisa to ealpineis
iii. The am fee the preseention wee, that the applies-
st raid hat was so well barn to ehenien
that it mild set be claimed ea as innation ;
and therefore that the centesesad we =annually
the same as the first, is vitt* esebed hen end about
the application of heat ; bet, eves mild be the subject
of • patent, it could be proved that It had bees is constant
use before the patent of 1843. Mr. Steiner it appeared,
had brought an action against Meaux. Waning and Co., the
prosecutors in this case, for an infringement of his patent,
which was tried in the Court of Exchequer, when, after
hearing two witnesses, the Lord Cbiet Baron directed •
nonsuit. A court of error, however, subsequently decided
that his lordship ought not to have stopped the case, and
directed a venire de novo. Other proceedings had been
taken, but, with a view to bring the matter to an issue,
Messrs. Wilmin and Co. instituted the present action.
TM ease, which occupied the court two days, terminated
in a verdict for the crown.

COURT OF COMMON PLEAS.—YESTERDAT.
MIMS. IR BAL.M. —MOORS CAW James Jravvt Ma. JUITICII
NAV., Ma. hence •A MUM'S, AND Ma. JOITICII
M.DOCOAL P. PATTISON.—OOIIIII UNDIR THE CONCUR-
11,INT JUIUSOICTION CLAUS/ OF TH. COUNTY COURTS
ACT.—INPORTANT DRCISION.
This was an action upon a promissory note for 9!.14x. 6d.,
sod it was tried before the under sheriff, when a verdict
was given for the plaintiff. Subsequently an application
was made to Mr. Justice Patteson at chambers for costs,
upon the ground that the plaintiff resided more than 20
miles from the defendant, and he was therefore at liberty
to sue either in the superior or the inferior court. Mr.
Justice Petition endorsed the summons as follows " sum-
mons dismisacd. I think there was concurrent jurisdic-
tion, but no sufficient reason why the plaintiff sued in the
superior court." In the course of the term Mr. Badeley
obtained a rule calling upon the plaintiff to show cause why
the Muter should not be at liberty to tea and allow the
plaintiff his costs, and the question raised wee, whether in
cases in which there was concurrent jurisdiction, a judge at
chambers had power to give or refuse costs, or whether he

was compelled to give costs.
The Chief Justice said that the firtt question in this
cause was whether this court had concurrent jurisdiction
with the county court under the 12th section of the
9 t 10 Viet., rap. 9.1, and they were of opinion
Ain it had. The plaintiff, at the time of action
hemmlit, dwelt in two places, Scotland and Golden-
=the defendant living in London, and under
circumstances, it could not be alleged that he did not
dwell more than twenty miles from the defendant. But the
nun was of opinion that the plaintiff did nut dwell fur the
parpo of this act in Golden-square, where he had a
baiting,ws his permanent dwelling being in Scotland. The
nee was of much importance, not only because it moat
settle the practice of the court, but also because, after
mature consideration, they were not able to agree with a
decision of the Court of Exchequer. In the present cue
the court adopted the ordinary rule, that in construing ads
of parliament they must put the ordinary asseleguic
the words, unless such construction led W "
absurdity and repugnance." Tim sprotion in the
case was, whether the word "misig'• gave • dis-
cretionary power to a judge at chambers. The
court thought the meaning of the word was doubtful,
and they must therefore sec whether the holding that thb
weed gave discretionary power would lead to manifest ab-
see*. But for the County Court Act the plaintiff would
hew bed his costs under the Statute of Gloucester, and still
Wed, if he dwelt more than 20 miles from the dramas'.
The- Weset of the 11th section of the act seemed to he to
wa
Ili of the expensive process of entering • suggestion
agnathosoll to deprive the plaintiff of the costs; and it
Mom provided that in sap action of debt in the superior
alarm in which the plaintiff should recover not more
than 201., he should have judgment to recover the
debt only, without coats, except in cases " herein-1
after provided." One class of these cases was to
be taken out of the statute by application to •1
judge at chambers. If the judge at chambers had die-
eretionary power, then he must inquire into the general
induct of the parties to ascertain whether the plaintiff was
entitled to his costs, but uu power was given by the 13th
section to enable the judge to inquire whether there was
nelcient reason for suiog in the superior court. Again, it
could nut he contended that a judge at chambers had dic
eretion to inquire into the whole matter, for he had se
power to compel the attendance of persons. The court
thought that the word " may " was simply used to confer
authority upon the judge, and not to give him a discre-
tionary power. Critically speaking, this meaning of the
word was correct, for the judge was not bound to act in tbe
switer against the wish of the plaintiff, but upon kis
'swig he was empowered to award the costa. Tho old
OM supported this view, for in Alderman Beekwell's are
Lei Keeper North held that the words " may grant," is
Ile Bankrupt Act, meant shall or ought to grant, and it
line said that "it was so resolved by all thejudges." This
are wee followed b 7 others. The court was of opinion
tart the word " may" was used to confer an authority, and
Wet it was imperative u, oa the judge to exercise that an-
tlsority when its exercise was duly applied for.
Rule absolute.
EAST ANGLIAN RAILWAY COMPANY C. TUN EASTMAN
COUNTIZA RAILWAY CoMrANT.—THE LZASE or WIZ
EAST ANGLIAN LINES.
This was an action upon an indenture dated the 26th of
February, 1847, by which the defendants covenanted to
take the plaintiffs lines upon lease, and to pay the ex-
perts of certain hills then before parliament. 'the plain-
Nib sought to recover the Costs incurred in promoting these
bills, which amounted to upwards of 21,0001. The matter
came before the court upon demurrer, but the point raised
was whether this agreement was one into which the de-
fendants had power to enter, and which could be enforced
aping them. the case was argued at great length in term,
and to-day judgment was given.
The Chief Justice said that the contract sued upon was
with the Lynn and Ely, Ely and Huntingdon, and Lynn
and Dereham Companies, which had been amalgamated
into the East Anglian Company. The defendants agreed
to take ;slew of these lines, and to pay the costs of certain
bills before parliament, and the point was, whether
the defendants bad authority to enter into that
agreement. The question for the court was whether
the plaintiffs could maintain this action, and the court
was of opinion that they could not, and that the defendants
were entitled to judgment. The first section of the Eastern
Counties Act said that certain persons should be a body
corporate to make a railway, and the third section said that
they might raise a sum of money to carry the act into exe-
cutor. This was a public act, and must be presumed to be
known by everybody, and the plaintiffs theretore must be
held to have dealt with the defendants with the full know-
ledge of what their rights were. It was not contended that
the company could embark their capital in any new
trade, but it was said that they might embark in
anything which increased the profit of their rail-
way. ibis, however, was the same proposition in
another form. If the company could not embark their
capital in another trade then they could not embark it in
an extraneons undertaking, because they hoped that their
profit might by that means be augmented. Every person
who took shares in this company had • right to expect that
the counties en which the act was obtained should be per-
formed; and it vas no sufficient answer to shareholders,
when argiglitßr their dividends, that the payment had
hew iswisaill OW as indefinite period, in consequence of
thel MEM beefDlM gybed to other purposes than theme
I.elt the lb" Then erszeseueral eases in Chancery which
posee
wer tothe court
enter inhtoadsutactenan'
=WM% in=annati Dyer,. It however,
ast tly appear that the bills in pat-
Ilannli Inn an Ike We purpose of the defendants' line.
Bet Siedgesien OW set prevail, for each company had
espernee sew and the ems lOW see that the Eastern Coun-
ties nit owe thew se rartheeity to deal with matters 0.-
nested with the plaintiffs' Ines.
Judgment fort he defendants.
Sorressa or Sus Pates is llissunai.-5v.-
Jaavis use a (bares Jr...
GOODILICR P11.0311:1Z
MARILIAOII.

Can, Itmcs

The declaration in this case set out in the usual form, that
the defendant promised the plaintiff to many her, and did
not perform his pledge, and the only plea was one denying
thedrmise.
r. &tisane Chadwick. Jones and Mr. Charnock sp-
Vanine the plaintiff. sad lit. flerjeant Wilkins and Mr.
anwere foe the defendant.
Mr. &taint Chadwicks Jones, in opening the case, said
that the plaintiff in this action was • young woman, now
about 23 years of age, and it was her misfortune, when al-
most in her infancy, to lei. her parents, and she was eon-
eminently taken under this ear. of an untie and an anat,
who brought her sp till eh* was twelve or fourteen years
of age. About this time of life aim went into savior,
is order that she Will* get her living by her own exertions,
and she remained ilk serving mail she was 23 or 24 years of
sp. is the mons fifth. but year ate want into the m-
elee of the itineleat's heath.,, who is • draper is Lambeth-
load. and while oho wee time dr ilaiedeet, Mew Sm•
sole, wesahoperolehisleether. la thinerefeeshermaieed
about three meathe. ted Om the deesedeat pataeled hat
to have hi beether's melee Bulb app tea Le owe, and a.
WI" 00 Nws at Yr Ithlbea r R detrge'o-torrees, whisk
was err is larawofreatil Ifs jun were wale
that is a tem et Abided asitheetho set
well be pet hitsilbe slime alb

r.-YESTERDAY.

Benjamin Moulds, a cabman, the person with whom the
prisoner lodged at Lillington-street, Vauxhall, stated that I
on the Bth of November he took this lodging, and hired I
witaess's cab, in which they drove to Newman-street, end
took up his boxes, two of which he identified among those
in court, and broaght them back to Lillington-strest.
Whew the policeman came to search the bows they were
found to ham boss broken open.
Mr. W. J. Courtney, 11, Abehimeh.lane, merchant,
stated that on Friday last he left his driving-coat at Wood's
livery stables, South-place, Finsbury, with several articles
in the pocket, among others a fuzee boa, which he missed
that afternoon.
A fusee box, found on the prisoner, wag produced and
identified by Mr. Courtney.
It was proved that the prisoner was area in the livery-
stable yard on that day.
The prisoner, who declined to ask any questions of
the witnesses, was remanded.

8t OAR.—The average price of sugar, the produce of
the British possessions in America, computed from the
returns made In the week ending tad December, 1851, is
21s. 41d. per cwt. Sugar, the produce of the Mauritius,
28s. 4jd. The produce of the East Indies, 18s. 90. The
average :price of the three foregoing descriptions of sugar,
jointly, is 21s. 40.
_

LrezesooL, Die. 6.
The sales to-day ate—Sugar :30 hhds. Porto Rico,
at 665. ; 3,100 mats Mauritius, at 334.; 370 bags Bengal, at
31s. 6d. to 32e. 6d. ; 1,400 bags Madras, at gas. 3d.
Coffee : SO tra. 290 brls. Jamaica, chiefly at 425. to 475.
Rice : 200 brls. Carolina, 18e. 6d. to 19s. 3d. Saltpetre,
210 bags, at 260, 6d. for 7 per cent. Jute : 100 bales,
lac 91. 10s.

COTTON.—Ltvgaroox, Dac. s.—The disturbances in
Paris could hardly fail of producing, at least in some degree,
an effect on our cotton market. We have, however. been
less sensibly brought under its infiuence than might have
been expected. Frequent repetition of these political
changes has in some degree worn off their noelty, and ex-
perience has shown that the injury they inflict Is mainly
confined to the actors themselves. On the receipt of this
outburst, our proceedings were for a moment brought com-
paratively to a pause ; speculation checked, the trade buy-
ing only their necessary supply, and people generally ask-
ing each other what would be the result. A very short
time, and a day or two's consideration, has been found suf
ficient to set us to work again much as before, there being
but little change in the opinions and prospects for the
future, and scarcely any alteration in the scale of prices.

WOOL.—LivEarooL, Dec. s.—The general tone of
the trade is healthy. Our stocks being very light we have
not much business to report; but there has been more
doing in the country, and prices have atendency to ad-
vance.
LEEDS, Dec. 6.—ln the English market there has been
no change this week. In the foreign market business con-
tinues moderately active, and prices are Arm.

HOSIERY, ate.—LEicr.writn., Dee. 6.—There has been
in the general as well as the fancy trade a mill active
business doing this week, but principally in the way of
small quantities to assort stocks. Wool is firm. Yarns are
dull. But little is doing in shipping for the spring trade
this season : not an average.
PROVISIONS.—Ltvaarooc, Du. s.—American : The

demand for beef has this week continued dull, and the
sales are barely to an average extent, at about former
prices.

CORN.—CHELMSFORD, Dec. s.—There was not quite so
much Wheat offering to-day u last week; and, when tho aulltinn
was good, the prices of List week were fully supported. lee. to 40a.
ref; white, 435. to 475. Harkey more plentiful, and rather lower.
hems aloe in good supply, and gags way a little in prior. Peas, white
boilers, rather dearer. . .

CoVEXTRT, Dec. s.—We have no alteration in the prices
of grain tomport, meepting Barley. whiolt is Is. per quarter lower.
There was • fair amount of bullionn ease, sad the supply is • good
average. GM Pass mom abundant, sad were sold et from 10s. lid.
to I Is. par Me, . . . . ••

EXETEU, Deo. 6.—We have had rather better supplies
of Wheat, Burley, and Oats to-day, which told freely, at last wtk's
, priers.
Linnet::, Dec. 6.—We base been again well supplied
with Wheat from oar funned to-day, which net with a brisk trade
at the extreme rates of last marketAlay. Oats and Beans were also
in demand at full prkes, but there was only a small show of either
astele. Low qualities of Barley were damn to quit; line donut.
hoes fully a. dear. Wheat, red, 'As. to 37e.; white. 43.. Barley,
grinding, Soo, to 2.5.; malting, 27r. OaM„ 13a. to 21a. Beans, 30..
to 33a. per qr.
• - -• • •

Lienspoot., Dee. s.—At our market this morning the
general ruse of foreign Wheat were held tailor firmly at the extreme
rates of Tuesday, and toe prime qualities rather higher prices we.e
quind • which, having checked the demand, the trade was by no
mein@ ally today sad clued at about Id. per 70lbs. States and
Canadian Mgr, altleataite hi sir request, waa taken lees urgently
than yesterda but wi the prospect deatitinued large cousumption
and renewed ds the advance was tally euallirmed. Preach and
Irish Flom moved steadily, sad mat he noted the turn dearer. Bar-
toy,Malt, Bea, and Par, upon a slow moderate sale, remained
statioaary in vsloe. Oats sad Oatmeal, were not taken free:, ; the
' former wapported Isle micas and the latlar Improved ad. per load.
Indian Oat an the spat, of which little hers. woo readily
saleable today at • feather advance of In. per qr., and floating cargoes
with low off, amt inquiries at late prices. Arrivals from the
tad to tl a Ith Dm., inelaiuve, into laverpoot : Wheat, 4,063 qrs. ;
Barley, 1,M7 ; Malt, 1,51 i; W 's, 1.693• lane, 306; Peas, Ott;
Oatmeal, 4,506 seeks; Flour, 3,074 seeks, sad 7,443 brim.
Nawsvar, Dee. 4.—The supply of Wheat again eon-
si•lerable. lbe water being emeadtagly short mused a dull trade at
late wises. Barley in geed supply, and the prices of lout week barely
supported. aitt, Beans, and Peas In good Monad, and rather den.

SOUTHAMPTON Dee. s.—The market wu moderately
supplied with Vibes; which readily bound buyers at the extryine
rates of last week. A good supply of Barley, which scld slowly at a
cosine of Is. to hi. per qr. Oats fid. dearer. Henn walnut chauge.
Flour Is. dearer. Wheat, red, 91. to 10%. white, 101. I It. per load.
Barley, malting, 235. to 30s. ; grinding. AA to 24e. Oats. block and
white, feed, 17s. to 19..; heavy, 20s. to 245. Beam, Ws. to 3's.
Flour, 295. to 30a. per 20011*.

•
WALEVIZLD, Dee. 5.-Contrary winds continue to pre•
vent sank fr im distant porta of the mkt from reaching us ; lade-
pendent, boomer, of this cireures•ance the Wheat trade gradually
assumes more (audience, the exports abroad, combined with the high
and advancing rates throughout Germany, leave small expectations of
any import of coesequence from thence, at our present current rates,
sod the supply of new Wheat is not beyond our weekly dimand ; at
this day's markt this description was aold Is. per qr. hither than
Wt week, with a little more doing in old, at previous rates. Fine
bogey kings full prim; other qualities steady. Oat, and Shelling
without alteration. Beans from their high re Wise value, tie nought
with caution •' front short supplier, . however, priers are sustained.
There is low desire to sell Malt, which tends upwards Wheat, per
qr. of 601 b. to the bikini, Suffolk, Emax, and Kent, new, red, 59a. to
VI.; extra, 424.; new, white, 425. to 43e.; extra, 46x; Norfolk
and Hunts, new red, 36.. to Ma.; erten, Ms.; new white, 37t. to Mo.;
extra„ 41a.; Lincolnshire and thinthridgeehire, new red, 33.. to 375.•
extra, 35..; new white, 31s. to 39a; extra, 134.; Yorkshire new red,
235. to Ma. ; extra, 37..; new white, 35e. to 31M. ; extra, 40a% Gastric
andrgioolgeburgh, white, 37e. to 415.; extra, 435.; Loan Baltic and
liensbargis. rrcodd,, 32a. to 34a.; extra, Me.; Mediterranean, red, 29.. to
330. • extra, Me.; old English, 345. to 415.; white, 43e. Barley per.
qr. Imperial., Norfolk and Suffolk, 245. to 265. ; extra, Ms.; Lineola-
shire and Yorkshire, Liu to 271. ; extra, ; Grinding, le. to 225.;
BOLO., per quarter, 6314. to the bushel, small, Sue, 33a. to 355. ;Peke,
30s. to 34.. ; foreign, V.. to 299. Out., per stone, mealing,
new, 9d. to 103.; feeding, 9.d. to 104 d.; Mreign, W. to 911.
Shelling, per load of 26115., 255. to Ms. Malt, per Mad of 6
bushels, 301.. to 375. Pees, per qr. imp., biro and white boiler.
295. to 295.; extra. 305.; grey and lee 4 211 a. to 279.; extra, 29a.
itapereed, per last insp., Erglith, 211. to 221.; foreign, 211, to 232
flamed, permperial qr., 43e. to Mk. Laporte daring the week :
-Wheel, 13,497 qrs. Barley, 3,599. Oath 396. Beane, 3211. Veiny
497. Mailing, 45.

CATTLE, Ste.—Exama, Dee. 6.—As is generally the
ease, tie market previous to the fall was thinly attended and r
scantily supplied. Then were very few Beasts driven in, and not
many ales were effected. Prices were about the same as last week.
For prime Beef, 7s. 9d. to 9e. pee err ; inferior, 71. to 7s. sd. Cows
and Calves were from fit. 9s. to Ir., and in some instanor higher.
Steers, very few of which were shown, were offered at about the same
as lion week. Berreners, Is. to do. Bd. per erre. Sheep were more
plentiful, . cad several prime lots changed bands at about 7d. per lb.
for wethers, and rd. for ewes. Pigs, a email supply at previous
priers. The supply of Pork erases wee tolerably large, at prices
ranging from Gs. to Qs. W. per rem.
- -

SOCTIIIALL, Dec. 3.—Trade slow, at last weak's rata.
Bed made term Ia ad to J 6.14. Mattes. 36. to 4s. ed. 11•61, 3a.
to 4a. Pork. 26. 14. to 3..64. per atone of alba., slaking the offal.
You, Dec. 4.—This most influential market, which
terms, particularly for lean Cattle, to testa.. each succeeding roar -
ket.day, bar this day had a 'erg large 'apply of short.korned steers
and &Urn, drape Cows, Balch ant Irtob little, for glazing pur-
pose., and a great amount et loudness ha. been dose le them, bet at
I w Wm. Oelvlas Cows were in geed 11111pply, end tar dounaid,ht
gra
itrYkteltd. 11Ina from tgat tan average ; watt
to 7e. 7d. per ease. 7L Sheep pass
were Oat seentily Stied, and welt sold op, at, for hail-teeth
14. to 2;d. ; good bred (bevy), 3d. ; ewes, 414. so 4td. per lb.

• • - •
GLASGOW, Dee. 6.—Our market yesterday morning was
well supplied, there being 776 Oxen end 2,759 Sheep offered for sale.
Prices at the 00=111118[011611, Yodel upwards, sad at the close only a
few death remised unsold. We quote the following as the prises
obtained :—Oa Beef, beet, 445. per swt., slaking the offal ; current,
40s. to 425.; Inferior, des. to 475. Aged welders, beet, did. per lb.;
I current, 34.; inferior, lid. to 4d.