The Express.
London, England, 1858-02-06 00:00:00

TEE EXPRESS, SATURDAY EVENING, FEBRUARY 6, 1858.

LAW INTELLIGENCE.

THIS DAT.

PRIVY COUNCIL.
DITCH 11 C. DIIIIO7C-10DOIWIT.-IXTORTAICT
DICISION.

The Judicial CoaseithinortZl.rivy Coaxal met to-day
fig-etreet, sad delivered judgment In the above
important ease, the declaim In which has been looked for-
ward to with great interest. The numbers of the judicial
comansittse who were row were the Bishop of London,
Lord Justice Knight Brace, Chancellor of the Duchy of
Cornwall, Sir Edward Ryan, Lord Justice Turner, and Sir
John Patteeon.

The on.. came before the judicial committee in the shape of
an appeal from a decree of the Court of Arches, pronounced
on the 23rd of April, 1837, in a rase of appeel before that
jurisdiction. The parties in that on.. wen two clergy-
men of the diocese of Bath and Wells; Mr. Joseph
Ditcher, the vicar of South Brent, in Somerestshire (the ap-
pellant hire), sad Mr. Denim Anthony Denison, vicar °inn
neighbouring parish of Maw Brent, and archdeacon of Taun-
ton, (the now respondent).
In this court the pswies were re/treed. The judgment
now delivered was ae follows : —The controversy arose thus
It appears that the Vicar of Brent preached and published,
in the year 1833, cerise sermons which the Vicar of South
Brent disapproved ; wherefore (the preferments held by the
Vicar of East Brent being in the gift of the Bishop of
Bath and Wells, in right of that see) Mr. Ditcher made
formally to the Archtishop of Canterbury, mind, r the statute
of the 3rd and 4th of the Queen, usually termed the Church
Discipline Act, a written application or complaint.
Is consequence, a written notice, signed by the Archbishop,
was, early in November, 1344, served on the accused Arch-
deacon. Soon afterwards the comerimion issued accordingly.
It was dated 30th November, 1854. The Archdeacon upon
the 3lat of December, 1854, received formal notice of
the eemmission, and of the piton and time where end
when the Onninimionele intended to meet under it.

74 sat accordingly for several days in January,
and received evidence tendered to them on behalf
of tits sppellent and respondent respectively, but refused to
bear, and accordingly did not hear, any argument or the
question, whether an or by what the archdeacon had said,
published, or dens, he had committed or been guilty of
heresy, or had enunciated illegal or improper doctrine,
although the Archdeacca by hisnaelf, or his counsel, pro.
and was desirous to ague that point be-
oreed them. The Commissioners made their report
to the archbishop under the commission. Whether
the contedmidare erred la obelisk( to hear argued
• ... _ _

the question el doctrine; the question, namely, of the
▪ of heresy is what the *mused had done ; the question
wen which, se to probability at least, they had to report,
mid H they did, whether the error vitiated the report, are
pothts upon which their lordships abstain from er-
preing any opinion. The report was transmitted to the
archbishop with the evidence taken by the commissioners.
The only point decided in the Arches Court by the decree
er senismes ender appeal having been that of time, the gum-
=...nerty, whether Mr. Ditcher was barred, and the
protected, by the 20th section of the Church
Discipline Act, it io on this statute that much, or every-
thing. tarns here at present; for unless under it, and ta
posserwe of it, the Archbishop had not jurisdiction
et antheeity to pronounce the decree or sentence
pesomsell at Beth, the decree, namely, or sentence
el arrleallsw which, ravened by the Court of Arches, Mr.
Di ,by lbs present appeal, reeks to set up again —nor has
an, Whir pig lean argued before eau. The parties have re-
mold thooselms upon every other part of the litigation (in
llama oda dahreat view being taken here from that taken
by Ifir J. Doilesa),ar • future discuesicen or future dim-evasions,
bow ordnicalosearbothelsewhemand hare . —The archdeacon
oagibinfte in *eat ell imputed= of heresy, while
Mr. Math Mt maintains that the impeached esernona
exhibit beteuedsa opinions. We however, have only
Wle endeavour at reaching a conclusion ee to the eel-
ideas y, or iasuflicie ney of the alleged bar by time,
soda Ws 20th section of the Church discipline est.
Fink Ilea. "het le the true reeding, what the mesaing el
tarterdies. sad sepecially it. mannieociag paragraph? A
cased= spa which, if of easy solution, it is not likely that 1
ewe smelthempotent interpreters es the lodge oldie
NM et Leadon, and the Dean of the Arches wouletrhatis=
Ileelltathe section. The words unfound in ,statute containing
esinnertix sections, the whole of which has received from
eta lordships greet and proleagsd attention; for,
no writing ever in • stronger degrees
that not any portion should be judicially
minetened without knowing end weighing the whole.
It easset, in the first place, escape observation,
that "snit" is a word properly of less extent and km gene-
sal applicability, than" proceeding," or that, probably, every
snit ma be correctly termed • proceeding, though not every
is • snit. It is thso • good gm seal rule in juris-
gradines that one who reads • legal docement,
Waage yobbo or private, should not be prompt
le aseribeoWobl not, without necessity or some sound reason,
Impute, le hi binguage tautology or superfluity, and
should be railer at the outset inclined to suppose
each word Wended to have some effect, or be
of some am. Possibly the word "commission," or
"'mondial( by coonsisaon," or "proceeding by way
el ammiliss." may. be the meaning, or one
Mg,et "pmeseillng ' in the 20th section : a reading
le ilea aft sepia, does not prohibit the attribu-
tion le the set of em kisation that a snit should not, in say
era Is aromented Mar the end of the two years. If the
beam bad that infiatko, they may wall have deemed it
gsa. forbid, ma merely by implication, the ism-
el a cionicaissaa trader which no report oonld
as wag or • silenienel °thrum.= for conviction or
bskr• en sellesimedeal judge. Having, with such
ases sad sem odor observations might afford,
weighed the obis of the statute (not, of muse, without
rellmence to tbs particalar nature of the subjects with
which it le conmemsel, and the state of the law on those sub-
t: adici.t stood ionedistely before the passing of it), their
(11011.411: they sfariand, ofo his petit from the
mese swessod sad sit bra ohis graces
seas) law them game le ire that the phrase " every
suit or yeesseasa" In the 20th *action, unless the
phrase mem "wary suit" merely, and nothing else, means
every wit sad evety proceeding," nor lam nor more (As if,
a sisel, based of ' every suit or proceeding" " shall be
be minemenesd within two years," "ad not afterwards " the
NOM aid "not say snit, nor any proceeding" "shall be
ocarnamook abes within two years," and had omitted
" sad oat slarwardia.") Their lordships consider also that
the words "wit or proceeding," where they occur secondly,
thirdly, fourthly, and fifthly, in the 20th sec., must be construeol
of courseanalogoitely to the conatructionproper to be put on the
three wards when they first occur in
_the_ section.s Before
entering on the next fit ' ' .

nast!lA.!pedlefliyo

the dee;se or sentence 'under appeal, it mails well to-ob-
serve that, notwithstanding the loose and inaccurate lan-
guage to be found in the act, the legislature, as their lord-
ships think, has made a sufficient distinction between
a suit, properly so called, and the preliminary in-
mania cot of which • suit may erne. A clerk
we,, indeed, with the concurrence of his accuser, obviate the
oseity he • suit by submitting to a sentence on the result
cif the prelledeary inquiries; but, unless he thinks fit to do
se, be bee • right to have the use against him decided
ascend= Assam et probate, In a suit regularly constituted.
this cause (so it is termed in section 11), may either be
heard before the bishop with assessors, or may be sent, by
Was of request, to the Court of the Archbishop. But It is
hardiy denied that if the matter be sent to the Archbishop's
the suit is not commenced hire the service of
the and, if so, it seems to follow that, if the snit be
bin the it must be held toeinem with the
proceeding before that tribunal which le wieth enthethine le
the thinks in the archbishop's court ; for die legetheare NM
hardly have intended that the period limited for the id.
lion of the suit, should vary according to the court
which it is heard. We then come to the question whether
the " suit" in which was pronounced the decree or sennece of
:leprivation pronounced at Bath in the year 1666, we
esareasied within two yeari alter" the offence or any
MINN Y of which the "suit" was instinteed, and
set _it.. eerk • " or, in other words, whether there wee a
"eel e " enethanithi within two years after" the mit-
aim led mathiteed any offence, or imputed we *Weed
easeet imp' against It*. After some tardier remake
Me Wraith yromedei. The conduct of the anthlesecia
he =I erase the year 1864, it Is agreed that we
sunk and we reeedlagly do, regard as wholly
inneiertal. If the salt in controversy was net
essmescied *fon the year 1866, it wee ill nos-
es& the inn or 11•111111011 of deprivation
uea Ilow, the amnitelea ens awed in the year
ad; la *pert was mak end togineral is the year 1856;
is masks am eel Aosset, 1866 ; sad the service of
• ef then NI the Arabisses took place also in Amgen
Iffth : bat astisL=l/1641, or later, was there any citation
hirs. or my bin Ow , to appear before say ju
ire dge,
Kr.Dliehees leernadeounsel, however,
Ye site that the weledesoon was deprived, in a
"salt or prosoolln&" while they may wee commenced by
Ile oran or try win look place between the compan-
ioned rep" or by the man or is flOriellifioe, Of by the
Ong dW "Ikeda's" Sol in August, 1866, or by the tor-
ass Y not swath d• copy of those " Ankles" so
rte wedineem. Than lordships, however, me of
spike with Mr Jahn Dodna that in
is weiseebi. The rayon was sot, the
or 111.1110ka, ander the esaraleake wee net, nor woo the
essideens, we was Yr. NNW@ applinies is the arch-
way to r a oommionion, a sob, er ale oneememsat or
mg, pert of • Mt. The errniellea nth the Iroplellien or
ineuellepilea emir It wen storely sips ler eissishe
owl We overt we wanly the 'phis ee
diaileal prime, is the *beam et nat—roa
when MO the gettheind rena a yoke, whether there wee
grew! pith lab he Institution a suit. Neither the re-
got moth, air any report capable of being made under
the ocinini—leo registration of the report, or
d any iss•-.40 ayfi of it, amid, or could have
mous lees edisuor ou of heresy sever of any kind
against . Drifts. He could not lawfully, before the year
1666, he,. beea dieletvad, yetsisind or censured without his
esasath ant la are after the wee 1856 wee it, independently
of whet look pies In Ape 1866, or the following month,
peufhle,thtleattheathren, ftrive, polka' meant hira.
Then, es te the d the eit la Amok ISA mod the
envies la the OMB nosth of • copy of the ea the arch.
Arai wok of time sips be we eatitirl to dinned
wed serail with a cite** or ressidlisa nein tie 9th en-
ties of lie act, in the mama dirsossi brie 10i ; se keg es
then fleaso suck envies of • natio sr requitals%
the a (though thevealing letters ef regret) were, *
tntbi la °PAW 1113•1 • 11•114. The ertidee—lost induild

• to any court, not headed, ended, or described, a.. heiceiStne to
or connected with any court, purported to proceed
from the Archbithop, as " Primate of all England,
and Metropolitan." They did not cite, command, requite,
or invite the Archdeacon's attendance or appearanse
in any court, or at any place or time, nor had arty date of
place or time, nor, in fact until sums time after March,
1858 wee there any citation or requisition such as
directed by the 9th section, or such as to require
or make necessary any appearance or attention upon
the part of the Archdeacon, or to render any such
step material for his protection or to his interest.
And their lordship, though in the present instance differing
to some extent from the very able judge who advised the
archbishop on the occasion of the Bath sentence, agree in
the opnion then declared by_ that eminent lawyer, that the
word "suit," need in the 20th section, " means a suit in the
Arches Court, or any other court of that desert
pp
Dr. Laahhignin added the words `props;
answering to the terms in which it is expressed ;
but he did not, we believe, by those words in-
tend to change the sense of what immediately preceded
them. And If we do not think with him that (to borrow
gate his language on the same maiden) "in a suit in the
Curt of Arches, the issuing of the citation is the commence-
ment of the suit," we think that the service of the citation is so.
The circuenstanoe that, by the 13th :moon of the act, let-
ters of request are prevented from issuing after articles
filed, se mentioned in the 7th, does not appear to us to make
the articles, or the t.:ing of them, or the service of a copy of
them, the commencement of a suit. They may, by the sub-
sequent service of a valid citation or requisition, be drawn
down in effect to the date of that service, bat cannot,
as we conceive, bring up that service to an earlier data.
The rule or maxim, " &caper in &anis besigniors prof.-
reads.," is, we believe, as true in the law of England se it
was in the Roman law, and the statute before us is at once a
law of criminal procedure ae to the offences to which It re-
lates, and a statute of limitations as to penal prosecutions.
With reference to that character, the presumption or Incline,
non where presumption or inclination can find place, ought to
be, ea their lordships conceive, not against, but in favour of,
the parson charged with an offence, and sued penally under it.
And their lonships are of opinion that they construe the
20th section consistently with the rules and idiom of the
English language, and, " °mai considerath script*"
agreeably to the spirit sad general intention of the act of par-
liament, by holding, as they do, with the learned Dean of
the Arches, that a suit was not constituted by the applica-
tion for the commission, or by the commisaion, re-
port, and articles, or by any one or more of
them, or by the service of the articles on the
Archdeacon • that the suit consequently, in which: the
Bath judgment was pronounced, was not commenced, was
not a ' proceeding' begun before April, 1856; that the
Archdeacon having not been proved to have committed any
offence after the year 1853, there was accordingly not a nut
commenced within the time prescribed by the *2bth section ;
that the commission and report fell to the ground there-
fore, and become wholly worthless; that every such pro-
ceeding, if any, u existed before April, 1856, having
thus, before AprO, 1836, failed, and become extinct, no such
proceeding was capable of supporting or assisting scything
done in or after April, 1856; and that as the necessary result
of such a state or things, the proceed against him sub-
!squat to the year 1855 were al groundkas and
bad. We are not unaware of thelnconvenience possible
to slim from unavoidable delay between the issuing of a
commieskia end the making of a report under it, according
to oar reeding of the act; but neither can we avoid seeing ,
the mischief, equal or greater, em we think, likely to arise,
from holding that a penal suit may be instituted against
a clergyman, founded on a report made twenty years
before it. The Court of Queen's Bench possibly has, and
possibly would exercise, the power of interfering, at the in- ;
stance of an accused clergyman, in a case of long inaction,
after the end of fourteen days mentioned in the Bth section.
That, however, is a paint on which their lordships, thinking
that they may well end ought to abstain, do abstain from inti-
mating any opinion. It may, with reference to the letters
of request mentioned in the 13th section, be '
added, that if they can be issued without a Com- i
mission, but not after the two years, or if the suit in the
Court of Appeal of the province under the letters of request
must be commenced within the two years, it may seem '
&McKie (if not impossible) to conceive that a private I
=tor or promoter, or even the bishop, could have
wended to be allowed unlimited time after a com-
mission or report. Construing the language of the 1
statute, as I have said, we feel somewhat leas diffidence is
differing from so high en authority ss the learned Judge of
the Consistory Court of London than we otherwise should •
do, reason el the early purausphs (especially the
paragraph) of the winks delivered at Bath '
second
by him, in favour of holding Mr. Ditcher not 1
barred of his prosecution by lapse of time. It '
seems te be a jest inference that the leaned judge was
precluded from taking time for deliberatka; nor is this all
that tends to diminish our sell-distrust. There is • weighty
judgment now before um of that experienced and well-
informed ecclesiastical lawyer, the present Dean of
the Arches, and there are previous judicial opinions entitled
to much consideration and respect, with which that judg-
ment agreed : We may insteace theater of the " Bishop of ,
Lincoln and Day," and "Brooks v. Creswell," and that
of "The Bishop of Hereford v. T n," re-
epactively, before Sir Herbert Jenne, Fu and Sir John I
Dodson himself, to which, perhaps, may be added, 1
Mr. Moncktan's ems before Dr. Lushington. For the ,
reasons that have been now stated, it is their lord-
ships intention to report to her Meieety that, in their judg- •
ment, the semi sputa should be dismissed, but without
cone. Of ovum it le understood that upon the question of j
heterodoxy, the question whether the respondent has at
tires uttered heretical doctrine or committed any eccl
cal offence, their lordahipe have intimated no opinion.

THE POLICE COURTS.
THIS DAY.

WANDSWORTH.
VIIRIOVS DRIVING.

Br. Cbaroy- -,";;;;;1;;;Cier, carrying on bun-
nal in Battersea, wee brought Wore Mr. Dayman, charged
with furious driving, and also with being drunk and
incapable of taking care of himself, pony, and cart.
Sergeant Backing, of ,the V division, deposed that about
slx o'clock on Friday evening he was riding upun the
Wandsworth omnibus, along the North-road, Battersea,
when the prisoner met them from the opposite direction
driving a pony and cart in a furious manner. The omnibus
was on the right aide of the road and there was plenty of
room for the prisoner to pass, but instead of doing so he
drove hie cart velvet the omnibus with such force that he
was thrown out into the road, the cart was overturned, and
• quantity of articles scattered about. The prisoner fortu-
nately escaped without any serious injury, but the
springs of his cart were broken and it was otherwise
damaged. A great deal of damage was done
to the omnibus, the splinter bar being broken, the scroll iron
injured, and the car to repair it, the omnibus being a new
one, was estimated about 101. All the passengers were
obliged to alight, the omnibus not being able to take them to
Wandsworth. Witness found the prisoner very much in-
toxicated, and he accordingly locked him up, as he was quite
incapable of taking care of himself.
The prisoner expressed his regret at what had hap-
pened, and
Mr. Darwin, after giving him a suitable lecture on the
folly of drinking to excess, fined him 10e., or 14 days' im-
prisonment.
The mousy was immediately paid.

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS.-(THIS DAY.)

The house sat at two o'clock ebb, atteracioa, parsthat to
wboathateat, In order to martian her liteleety's
*ware relative to the reception el the address of am-
grataletka as the wartime of the Primer Royal The
bars wee tolerably well filled, sad each zalathers and ex-
sithisten es were present wore their wart uniform

The CHANCELLOR of the EXCHEQUER announced
that bar Majesty's pleasure had been taken, end that her
Majesty had been gracioualy {dewed to appoint three
o'clock foe the reception of the address.

Mr. J. WILSON moved the edjournment of the house
until Kesday next, and the house accordingly adjourned
at a quests: past two o'clock, and the members, headed
by the Bpeaker, proceeded to Buckingham Palace with the
address.

On Monday evening Mr. Warren will ask the
First Lord of the Treasury, " whether it is true that Nasal
Ashburuham proceeded from China to India to purnanoe of
instructions from home, and whether he has since returned
to England, and, if so, under what circumstances, whether
voluntarily, or whether he has been recalled ; and, In the
latter case, whether there be any objection to state ca whet
grounds F'

On Tuesday next Mr. Thomas Baring will
premed the petition bun the Beet India Company to the
Bows of Commons ; and on the following Thanday Berl
Grey will rement a elsailar petition to the Home of Lards.
The Paris Pays, contradicts a statement which
wee copied into all the Preach papers from the Morning
Herald, that Lord Cowley arrived in London on January a,
Hie Ritcelltiaey hae not left Parts.
EXAMINATION OT MILITARY CANDIDATES.—The
first examination of candidates for coantaimions la the Lissy
the Guar* and the Bale Brigade, under the sew Mimi
hes taken place this week, beginning on Mendey, sad ma-
tinning mill Wednesday inclusive. There wen eighty can-
didates, on agessable proof that the new rules were net
sttmdontty hanideble <4 ease young Loglishinea boat the
competition. AU thegasetinespeopesed hare been Flitted, the
replies "NM% and will be placed before the Connea
ol Military Bdosation, who win decide tip= the relative
peetseskaa el the oradideena end assign the proportion al
" serial" each say have pined. The Council will make
Non 200,1 to He Comossading-in-Chief and her
Roy Highness will allot coolinindoes with reference to the
order of individual merit.— Muted &flier arm(

I MONEY MARKET-MIS DAY.

Iwo o'CLOCI.

The funds have been a little flatter to-day, owing
to the explanations given in Parliament last
night relative to the Indian loan, the
amount of which is rather larger than was
generally expected. Prices now show a reduc-
tion of i to } per cent. The share markets are
also flatter.

Consols for the 4th of March were first marked
1961, and are now quoted 96 to 1. For money the
present quotations 951. TLe Three per Cents.
Reduced have been dealt in at 96 to ;
the New Three per Cents. at 96/ to 961 ;
the New Twc-and-a•Half per Cents. at 80;
Bank Stock, at 225 to 226 ; India Stock, at 218 to
2211; Exchequer Bills, at 28s. to 325. preen.;
and India Bonds at 20s. prem.
Turkish Six per Cents, have been dealt in at

100, and are now quoted 99j to 100. Russian,
Sardinian, Spanish, Brazilian, and Buenos
Ayres Bonds, are all in demand. Sales
are recorded as follows :—Brazilian Old Five
per Cents., at 103; ditto Four-and-a-Half
per Cents., at 991 ; Buenos Ayres Bonds, at 100 and
98k ex div.; Dutch Two-and-a-Half per Cents., at
831 (exchange 128.) ; Equador New Consolidated
Bonds, at 141 ; Granada Active Bonds, at 20k ;
Mexican Bonds, for account, (12th of February),
at 201; Peruvian Three per Cents., for account, at
63; Russian Six pct. Cents , at 1111, 112;
Sardinian Five per Cents., for account, at 941
and 90; Spanish Old Three per Ceuta., for ao-
count, at 43 to 431; the Passive Bonds,
at 61; Turkish Six per Cents., for ac-
count (12th of February), at 100, 991;
and 100; ditto, Guaranteed Four per Cents., for
account, at 104 and 1031 ex div.; and Venezuela
Active Bonds, for account, at 321.
The Marco Polo has arrived off Holyhead, from
Melbourne, with 73,704 oz. of gold in freight—
worth 294,8001.

At Paris to-day (Saturday), according to Mr.
Renter's telegram,the Three per Cent. Rentes opened
at 69.90 for the account, showing a fresh rise of 1
per cent.

_
At the Bank of England yesterday there was a
moderate, but by no means active, demand for money
from the regular customers of the establishment In
the open market the current rate for good bills is 3
per cent., and in exceptional cases transactions take
place as low as 21 to 21 per cent.

The amount of gold sent into the Bank yesterday
was about 20,0001., making an ascertained total of
116,0001. since the date to which the Bank return
(given below) is made up. We also hear of a further
sum of about 20,0001. of recently imported gold
being transmitted to the Continent, in payment for
silver drawn thence.

It is announced that the Magdalena has ar-
rived at Southampton from the West Indies,
Isthmus, and Mexico, with the enormous sum of
444,80 W. in specie and bullion. Of this sum about
112,4001. is gold, the whole of the remainder con-
sisting of silver. The proportion in dollars is stated
at no less than 328,3001. Probably this supply,
which will not come actually to hand until about a
week hence, will prove considerably in excess of the
Eastern demand for silver.
In the foreign exchanges vesterday afternoon the
principal feature was a decline in the rates for bills
on Hamburg. As regards Paris little alteration oc-
curred in quotation., but the tendency seems rather
unfavourable. Paper on Holland and Frankfort
was quoted quite as high as on Tuesday. Gene-
rally the transactions are characterised by more
freedom than has been observable for a long time
past. The current rates are shown below, viz. :
Anstesdara. tun* month,, 11.173 to ; do., to
ort,
11.14 to 1 ; Rotterdam, three 11.17 k to 1.
Antwerp, three months, 26.35 to 40 ; t
banal, three months, 13.6 to Paris, three daßearr:.,
26.121 to 20 ; ditto, three 26.421 to 71 ;
on-the-Maine, three months, 11 to 1 ; Petersburg, per
rouble, three months, 36 to ; Vienna, eff. do., three
months, 10.36 to 40 ; Trieste, do., three months, 10.38 to 40;
Msdrittree months, 481 to ; Cadis, three months, 44
to ; horn, three months, 29.95 to 30.06 ; Genoa, three
months, .66 to 70 ; Nvles, three months, 40t to 41 ;
Palermo, three months, lnk to 123; Marina, three months,
1221 to 123; Lisbon, 90 days, 611 to 1; Oporto, 90 days,
621
Tthefo .
directors of the North Eastern Railway
Compare have announced the dividends officially
pro They are as follows : On Berwick
stock at the rate of IS per cent. per
annum ; on York and North Midland, 4 per cent.
per annum; and on Leeds Northern, 21 per cent.
per annum. Considerable dissatisfaction is expressed
. . . .

it the announcement, for, with the exception of the
dividend on Leeds Northern stock, which resents
an increase of e per oent., these rates are identical
with those declared for the first six months of 1867,
although the receipts for that half-year were
100,0001. less than those for the half-year ending the
31st December last. It is also considered singular
that the directors, in making the announce-
ment, make no mention of the surplus, which is
believed to be large. According to report, the
motive of the board in declaring so small
a dividend is this : At the beginning of
1857 a considerable addition was made to the
company's receipts by a large payment from the
Railway Clearing House, which was spresd—impro-
perly, as most people think—over the traffic returns
foe several weeks. Consequently, the returns for
some weeks to come may be expected to present an
unfavourable comparison with those for last year.
Considering, however, the large sums set apart by
this company for maintenance of way and for the
"Contingency Fund," there is a strong feeling that
the whole of the profits for the last six months are
the property of ths shareholders, and ought, conse-
quently, to be fairly divided.
The directors of the London and Blackwell Rail-
way Company have decided to recommend a dividend
of 3s. 3d. per share for the half-year ending the 31st
December last, making • distribution of de. 3d. per
share for the year 1857. The dividend for the last
six months of 1856 was also 3s. 6d. per share.
The half-yearly meeting of the South Eastern
Railway Company is called for the 25th inst.
The annexed memorandum is from the Committee
of Mexican Bondholders :

The Committee of Mexican Bondholder. have received ad-
vices front Mr. Whitehead, dated Mexico, the god and 6th
alt. ; and the packet brings (rie was assoanoed • few days
ag
o that it would) 42,000 dollars from Van Cruz for the
fund, reducing the balsam is the bands of the
ypmb on the lat ult. to 27,843 dollars. The amp d'etat of
the 17th December last seems likely to turn oat • failure, ae
Vim Cris, whack at Int had aeguiseced In the " plan of
Tomboys," bee dam repudiated h is commas with Guide-
Onsmainto, Zeosteem, and the whole of the interior.

_ . .
The subjoined is from the Mexican financial agent
in London :

MNIICAN Dam.—B7 tLa &yid Wed India 11611111111111 r
Maidalaaa, jaat arrived, 42,009 dollars bays boa noshed
from Vara crew. Brides slis above amount, 7 1491. 64.2 d.
is already dopositad a the Beak of Eseand.—(tilgassi) V.
new.

A meeting was held paternity of the creditors of
Mr. Charles Fauntleroy, in the wool trade, who
stopped payment on the Slat of December. The sus-
pension was almost entirely caused by extensive spe-
culations in wooL In Jul], 1858, when Mr. Faunt-
Leroy took stock, his books showed a surplus of
about 36,0001. Since that period a loss of fully
84,0001. has been incured in vinous ways, princi-
pally owing to the recent depreciation in wool, a
sum of about 36,0001. having been swept
away from this cause alone dunng the latter
part of last year. Mr. Quilter, the accountant,
in submitting a statement of affairs, said that the
books had been kept in a loose manner, and he was
therefore not enabled to present any statement
prepared by his own firm accounting for the defi-
ciency shown by the estate. Mr. Fauntleroy had,
oor.sequestly, drawn up a statement purporting to
hichnie all teensastions from July, 1856. The prin-
cipal itetna are as follows: Loess on wool, 35,000 i.;
paid for discounts, 18,0001. ; bad debts, 11,0001. ;
losses on deficient weight of wool, 7,0001. ; trade

expenses, 7,0001. • losses on shares, 4,0001.; private
expenditure, 1,3001. In the balance sheet, it will be
noticed, are entered claims to the extent of 93,4064
less 44,6111., the value of securities held. The ere-
X.!..ies claiming the bulk of the residue, viz., 60,7961.,
are ?deem Cheeseborough and Mr. Haigh, the
claim o
fthe far.. er being 27,0001., and that of the
latter 20,0001.
Tee security lodged with them for
a portion of their claims consists of wool, which will
questions
berealia
u to realised
ai
quickly u posibl!. In answer to
the mode Ira which these
debts were contracted, it was explained ;let,
Mr. Fauntleroy being in want ot money, the
wool was pledged with Messrs. Cheeseborough
and Son and Mr. Haigh. The explanations
made upon this point were received with great
dissatisfaction, a very strong feeling being dis-
played by the meeting with reference to the exten-
sive system of speculation pursued in the wool trade.
One gentleman, however, remarked that, however
strong might be their condemnation of Mr. Fauntle-
roy's conduct, he could not help considering him the
"bat of a batch." After some further discuasion,
in which one creditor complained bitterly of the
" reckless waste of property," an expression which
led to the explanation that the principal losses have
arisen upon wool either remaining unsold, or sold
prior to the suspension, it was mentioned by the
solicitor that several attempts had been made to throw
the estate into the Bankruptcy Court. With a view to
avoid this contingency, he had considered it best
to call the creditors together as quickly as possible.
Tnis gentleman also observed that, although the
estate shows about 4s. in the pound, Mr. Fauntleroy
does nut feel himself in a position to make an offer
of this sum. In the event of the estate being wound
up under inspection, the solicitor expressed a belief
that more than 14,0001. would be realised for divi-
sion amongst the creditors. Discussion then arose
as to whether it would be better to adopt this course,
or to throw the matter into the Bankruptcy Court,
the result being the adoption of the former alterna-
tive, and the appointment of inspectors. To this
decision the meeting appeared to be princi-
pally impelled by an apprehension of the
expenses in bankruptcy, which would inevi-
tably occasion a considerable redaction in the '
poor dividend now shown on paper. A strong
opinion was expressed that at meetings of this kind
petitions ought to be prepared for presentation to
Parliament, praying for an alteration of the present
expensive bankruptcy process. The whole feeling of 1
the meeting seemed to be directed against the 'peen- I
lative system shown to prevail in the wool trade. '
As regards the conduct of Mr. Fauntleroy himself,
there were not wanting indulgent expressions.
The Emigration Commissioners will receive tenders
on the 11th instant for the hire of a ship, which
must be ready to receive passengers for conveyance
to Sydney between the 22nd and 31st of March.
The return of the Bank of England for the week
ending Wednesday, February 3, compared with the
previous weekly return, shows the following results:
Chtulation lane
Circulation active 20,075,085 Inareue; 410,365
Public deposits
Other &polite
Gtioverpinem4 securities in

banking department 9 669 161 Increase 271,681
Other eeenrities in honking
department 20,073,740 D• 410111 973,740
Coin and bullion fa both __ _

departments -15,793,696 Inaense 394,972
Seven day and other bills 870,562 Incresse 6,076
The Rest
Notes in reserve 9,370,100 Decrease 48,630
Total reserve (notes& coin)
in banking department 10,193,631 Decrease 16,383
This return will be received with some surprise,
for it shows that, although the Bank had little or no
disooant business, and although the " other" secu-
rities have again decreased nearly a million, the
Bank's " reserve" has not increased at ad. Against
the decrease of " other" securities must be set the
decrease of more than a million in the " other" de-
posits. Bankers and others have withdrawn a large
amount of their balances with a view to employ
them in the open market, or in the purchase of stock.
In like manner, against 402,8931. of Treasury de-
posits sent into the Bank during the week under
review, most be set the quarter of a million of go-
vernment securities purchased by the establishment.
We thus arrive at that remarkable result —a trifling
falling off in the reserve, instead of a large increase,
as was generally expected. The proper light in
which to view the week's changes is this : The Bank
have paid off more than a million of their liabilities
in the shape of bankers' deposits, and yet hold
nearly as large a reserve as before, owing to the im-
portant reduction in the "other" securities. The
addition to the coin and bullion is satisfactory,being
nearly 400,0001.
The Gazette statement of the movement of the
precious metals for the week ending Wednesday last
gives the following totals, viz.:—lmports of gold,
513,8481. ; exports of gold, 83,3201. ; imports of
silver, 112,3131. ; exports of silver, 1,3841.

BANK 07 INCILAND.—La Al
SW Vie.. a. 33. for iall wad outing a
iros Dar
ga"5,164

varmint to tM Let 7th mad
nada/. Feb. 3,18 X.

Bold Iro.i ..........

PRTNWT.

129.44&166

DMIZIOO DI
Propnoton' Oits/ J04,46.3.400
Pees 461242.1/
PabL Dibrell., (hada&
Ex ie
/.b,. Nev. limb,
. of NDtlebal
Debt, cud Db. Arab 1.651,1de
Other Del...eke ' 11,0 10,171,
Once day end ethic ''' W 0,1412
Feb. 4,1851

sO7reitiO4ot Debt .... D 1.011,100
War flocuric. MIL=
Goad Coto sod Bullion 14.970,103

5id.446,466
Garganoeat elearilles
labaded. Dead Wdebe
.aaaido) is.suom
Other Bmrtar. 1074740
Neese ....... ...... 9070.10 e
Gelid end Mbar Deb 82.1.411

MALIRALL. Ca 1901•3
FRIDAY "'TRIM,.
The funds continue to advance. A fresh rise of
to I per cent. was established to-day, and the
market closed at almost the highest point.

- .
Consols, which closed yestertlay at 951 to 96 for
the 4th of March, opened this morning at the same
quotation, advanced to 961 "buyers," and closed at
exactly 961, or 96 3-16 to 6-16. For money the last
price was 98 to 1. This was " pay-day," and the
" differences" arising out of the late account were
finally liquidated. The official business report is
aa follows:—Three per Cent. Consols, for mo
toci 95/, 1,1, f, 961; ditto, for account (4th Marc),
98, 961, 961, 961; Three per Cents. Reduced, 96 ,
96, 961 ; New Three per Cents., 96, 96/, 961, 96 ,
951, 981 ; Bank Stock, 227, 226 ; India 8 ,
2211; Three-and-a-Half per Cent. Exchequer Bonds,
falling payable in 1869, 1001.
Exchequer Bills exhibit a fresh rise of 2s. to 3e.,
and have now reached 295. to 325. prem. India
Bonds have risen to 21s. to 245. prem. Exchequer
Bonds also continue in demand.

In the foreign stack market a considerable amount
of business wsa done, and the tendency of prices is
upwards. Turkish Six per Cents. exhibit a fresh
rue of f per cent, closing at 981 to 1. The Gua-
ranteed Four per Cents. remain firm, at 10a1 to ilex
div. Spanish, Portuguese, Russian, Sardinian, Bra-
Mika, F'erovian, Buenos Ayres, and Mexican Bonds
were all in demand. _ _

TdrelineViTtook place to-day in the shares et
several of the leading Australian banks, owiN to
the advice' received from that colony. Onental
Bank shares, on the other hand, advanced It. Those
of the two Discoant Companies were rather better.
South Australian Land were inquired for. Eastern
Steam were weaker, and the preterence shares of the
Netherlands Land Enclosure Company were also
more offered. Canada Land were marked 130.
. .

The nominal closing quotation for the shares in
some undertakings of recent formation are as follows,
via.: Oude Railway,l-18 to 3-18 prem. ; Central Oude
Railway, 1-18 to 3-18 poem.; Punjaub Railway,
to 7-14 prem. ; Calcutta and South Eastern Rail-
way, to 3-18 prem. ; Great Southern of India
Railway, par to / prem.; Cape Town Railway and
Dock, 3-18 to 6-18 prem. ; Vietce Emanuel Railway
Bonds, 1} to 0/ dia. ; Bahia and San Premises Rail-
way, 11-18 to / prem.; Cape (Rasters Province)
Railway, par to prem. ; Rigs Railway, 6-18 to 7-18
prem.; North of India Tramroad, par to prem.

EXPLOSION AT • FIREWORK MAKER'S.—THEER
LITE, Loev.—Abort ases wax*" as szpicolos of arr
works took 1161011 the lermiles el G. lUlywater, Boehm&
shook tootle
The hoses wee sit as lb% mad as the
indeed:a of the dear bs the aster three dead been
were round to the Moe. Two cd them twee so
those of s In. sad e Mrs. Walker, who Lad lived
is the hews. ; sad the which lea men mese oi thawed
remise, le imposed to to of Bywater.

MINZA-THIS DAY.

Two °Two'.

- - -
The market for British mining stocks remains
firm. Par Consols shares are in increasid demand,
and are marked in the Stock Exchange 20 to 201.
There are also inquiries for shares in Vale of Towey,
Great South Tolgus, South Tolgus, Wheal Edward,
North Basset, Wheal Basset, and Wheal Kitty
(Lelant.)
In foreign mining shares the movement is mainly
confined to United Mexican, which have fallen.
Transactions ire recorded in the Stock Exchange at
4/, 31, 41, and 4. Mariquita shares are more
inquired for. _

gubjoineciis the official list of prices in the Mining
Exchange_yest.•rday :
Bell and Laaarti:, at 4, 41 ; Cara Brea, 65; But R.
all, 31, 1. I. ; Great South Tolgua, 16. 161; Megaton
Dow*, 61. 6, 61 ; Margery, 81, ; North Basset, 161, 1, 16,
161; Pendent. 31, 1,4, 41; Redmoor, 7a. 6d.; S.rtridge
Console, Ij, 11.8 x. 6d., 11. 7.. Cd., 89. • South Barest,
8: Bouttt Tolgua 160 ; Tamar COllBOll., 20e. 6d., 219. 6d. •
Tineroft, 411, 1 ; Tolvaddeu, 61, 1; Vale of T0wy,258.6e,
269. 46. M; • Wheal Kitty (Lelant), 121, 1, 12, 121,
; 140,1 Kitty 13t. Armee, 31; Who"( Margaret, 611,
1.3; Wheal leery Ann, 461, 46.
Annexed iv our usual weekly report of the metal
market :

There nes been a large demand for copper both for oon-
sumution and speculation, and nearly every ton of foreign
hes been nth., from the market at much higher compan-
live than than ruling for British copper. As the
smelters are paying a inrge advance upon ore', it is not un-
reasonable to expect a T.'lo in the prices of British menu-
&aura Iron is in fair demand, and prices continue firm.
Load participated in th e generally improved feeling, and
prioes are decidedly in fan or of seller.. Bpelter is again
and en advance of 60. to 1011. Por too is folly esta-
blished. A further advance has occurred in tin, and even at
present rates sellers are not abundant. Iron plates aho par.
in the improved feeling. Lead has advanced, and is
In fair request

FRIDAY 111,10fIAG.
The market for British mining stocks to-day was
very firm, being strengthened by news received by
telegraph from Cornwall of a further small rise in
the standard for copper ore. The inquiries were
principally for shares in Bedford United, Devon
Great Consols, Wheal Edward, East Wheal Russell,
Wheal Margaret. Providence Mines, North Basset,
Wheal Wrey, Wheal Header, Tineroft, Vale of
Towy, Hingston Downs, Wheal Mary Ann, Wheal
Zion, and Great South Taigas. Alfred Console re-
main flat. The following may be given as some of
the quotations current this afternoon, viz.:—Avon
Great Consols, 4521 to 467*; Bedford Consol., 7 to
71: Great South Tolgus, 161 to 161 ; Wheal Hen-
der, 21 to 1 ; North Basset, 16 to 1 ; Vale of Towy,
255.; Wheal Margaret, 80 to 65 ; Providence Mines,
70 to 75 ; Wheal -Wrey, 4; to 6; Hingston Downs,
6to ; Wheal Zion, 155.; Wheal Mary Ann, 46 to
47; and Tincroft, 4j.