The Sun.
London, England, 1854-01-20 00:00:00

THE ARCTIC EXPEDITION.

Notice respecting the Officers and Crews of her Majesty's
Ships Erebus and Terror. _

Admiralty, Jan. 19, 1854.
Notice is hereby given, that if intelligence be not
received, before the 31st March next, of the officers and
crews of her Majesty's ships Erebus and Terror being alive,
the names of the officers will be removed from the Navy
Lists, and they and the crews of those ships will be con-
sidered as having died in her Majesty's service. The pay
and wages of the officers and crews of those ships will
cease on the 31st day of March next; and all persons
legally entitled, and qualifying themselves to claim the pay
and wages then due, will be paid the same on application
to the Accountant-General of her Majesty's navy.
Security will be required in certain cases, for which
special provision will be made.
By command of the Lords Commissioners of the
Admiralty.

W. A. B. HAMILTON, Secretary.

COMMISSIONS SIGNED BY LORD LIEUTENANTS.

3d Regiment of the Royal Surrey Militia—Frederick
Lewis Austen, Esq., to be Captain, Jan. 2.

Ist Regiment of Derbyshire Militia —Thomas Edmund
Marsland, Esq., to be Captain, Jan. 16.

2d Somerset Militia—William Barrett, Gent., to be
Lieutenant, vice Johnston, superseded, Jan. 10.
King's Own Rifle Regiment of Staffordshire Militia—
Harry Tichbourne Davenport, Gent., to be First Lieute-
nant, Jan. 14.

BANK OF
An Account pursuant to the Act
the Week ending on Saturday

ENGLAND.
7th and Bth Victoria, cap. 32, for
the 14th day of January, 1854.
.AlaniENT.

ISSITE DEP.

Notes Issued .. •• .... 29,383,840

Government debt.... 11,015,100
Other securities ...... 2,984,900
Gold coin and bullion 15,383,840
Silver bul' lon ........

£29,383,840 I .C 29,383,840
M. MARSHALL, Chief Cashier.
Dated the 19th day of Jan., 1954.

BANKING DEPABTMINT,

Proprietors' capital .. 14,553,000
Rest... .......... 3,295,813,
Public deposits (in-
cluding Exchequer,
Commissioners of
National Debt, Sav-
ing's Ranks, and
Dividend Accounts) 3,213,893
Other deposits ...... 14,140,492
Seven Day and other
Bills ••• • • . 1,232,329

Government securities

(Includg.Dead Weight

Annuity) .... ~.. :. 13,644,025
Other securities ...... 14,663,295
Notes .............. 7,443,0,45
Gold and silver coin .. 685,292

,435,627

£36,435,427
[. MARSHALL, Chief Cashier.

Dated the 12th day of Jan., 185,

PRICE OF SIIOAR.
The average price of Brown or Muscovado sugar, computed
from the returns made in the week ending the 17th day of
Jan., 1854, is 245. 44d. per hundredweight, exclusive of
the duties of Customs paid or payable thereon on the im-
portation thereof into Great Britain.

BANKRUPTS.
Benjamin Miller, mercer and draper, Landport, Pelisse,
to surrender Jan. 31, at eleven, and March 2, at twelve,
st the Court of Bankruptcy. Johnson, official assignee,
Bissinghall-street ; Sole, Turner, and Turner, Alderman-
bury.
George Newman, builder, Stratford-place, Camden-town,
Jan. 28, at eleven, and March 3, at half-past one, at the
Court of Bankruptcy. Whitmore, official assignee, Basing-
hall-street ; Laurence, Smith, and Fawdon, Bread-street.
John Hales Sweet, seedsman, Tunbridge Wells, Jan. 27
and Feb. 28, at one, at the Court of Bankruptcy. Edwards,
official assignee, Sambrook-court ; Pawle, New Inn.
Harry Winton, Harry John Langridge Winton, and
Edwin William Winton, agricultural implement makers,
Birmingham, January 31 and Feb. 7, at eleven, at the
Birminghsim District Court. Christie, official assignee,
Birmingham ; Wright, Birmingham.
William Taylor Warren, Matthew Warren, and Charles
Denroche, contractors and builders, Cardiff, Feb. 3, and
March 8, at eleven, at the Bristol District Court. Acra-
man, official assignee, Bristol ; Savery, Clark, and Fussell,
Bristol.
George Killick Kent, plumber and painter, Taunton,
Jan. 26, and Feb. 23, at one, at the Exeter District Court.
Hirtzel, official assignee, Exeter ; Fenchard, Taunton ;
Stogden, Exeter.
William Hesketh, manufacturer, Blackburn, Jan. 31,
and Feb. 21, at noon, at the Manchester District Court.
Fraser, official assignee,
Manchester ; Wilkinson, Black-
burn ; Sale, Worthington, anti Shipman, Manchester.
John Worsley, cabinetmaker. Macclesfield, Feb. 6 and
28, at twelve, at the Manchester District Court. Pott,
official assignee, Manchester ; Taylor, Finsbury-square,
London ; Taylor, Manchester.
Charles John Poole, baker, Bridgewater, Somersetshire,
Jan. 26, and Feb. 23, at one, at .the Exeter District Court.

NA PAL INTELLIGENCE.

PORTS MOUTH„TAN. 18,

The Colossus, 80. Gangs of convicts have been em-
ployed to-day in getting out her iron pig ballast, and
preparing her for docking.
The Serpent, 12, Commander Lambert, was paid off
this afternoon. The Custom-house officers made a
seizure of some 1,000 cigars and a little tobacco on
board, in the possessio❑ of the officers' stewanl, who is
in custody on the charge.

COURT OF COMMON COUNCIL.

Yesterday a Court was held for the despatch of public
business. A great portion of the day was consumed in
the appointment of the various committees of the Court.

SOUTHWARK BRIDGE.

Mr. R. C. BIIDIINAL"--- Lbrought up the following re-
port, and moved that it be entered on the journals of
the Court.
" TO THE RIGHT HON. THE LORD MAYOR, ALDERMEN, AND
COMMONS OF THE CITY OF LONDON IN COMMON COUNCIL
ASSEMBLED. _ _

PLYMOUTH, JAN. is.
His Sardinian Majesty's frigate Eurydice sailed yes-
terday morning. •
Her Majesty's screw steam-ship James Watt, 90,
having been fitted with her engines and boilers, will get,
them tested preparatory to her being commissioned.
At 10 o'clock last evening, a barque-rigged man-of-
war, paddle-wheel steamer, all black, was observed about
three leagues off the Bolt, going down Channel under
steam only. She was followed, at 11 o'clock, by a screw
steamer, with a single row of ports, under topsails hrid
topgallant sails ; fore, main, and mizen courses hauled
up. When near the Bolt she steered away seaward.
This morning, at 6, a screw steam-vessel under steam
and canvas, came right in from the southward, with a
fine breeze, and went up Channel.
Letters have been received from her Majesty's pad-
dle-wheel steam-sloop Vixen, 6, Commander Frederick
L. Barnard, dated Valparaiso, December 2, stating that
she was expected to leave for England on the 17th of
December. Officers and crew all well.
THURSDAY EVENING.

Her Majesty's frigate Thetis, 38, Captain Kuper,
from the Pacific, which left Valparaiso on the 10th of
October, and Rio Janeiro on the 26th of November,
arrived here to-day. She brings on freight $700,000
from the coast of Mexico, and among her passengers
Senor Don Ramoro Freire, from Valparaiso, attached
to the Chilian embassy in Paris. The Thetis will p:•o-
-bably leave to-morrow morning for Portsmouth to dis-
charge freight.

WOOLWICH, Jew. 19.

" We, whose names are hereunto subscribed, your
Committee for letting the Bridge-house Estates, to
whom, on the 27th day of October last, it was referred
to ascertain by professional inquiry, the strength and
durability of Southwark-bridge, and to continue the
negotiations with the directors of the Southwark-bridge
Company for the purchase thereof, do certify that we
appointed a deputation to confer with the directors,
with the view of continuing the negotiation for the pur-
chase of the bridge ; and the deputation have since re-
ported that they hed a conference with the directors
accordingly, when they stated that they would recom-
mend the proprietors to sell the bridge for the sum of
300,0001., which they considered was the lowest sum
the proprietors would be induced to take, and the di-
rectors could not pledge themselves that the proprietors
would now accept that sum, as many of them were
strongly impressed with the opinion that the bridge
must be purchased for the use of the public, and that a
larger price might be ultimately obtained. And the
directors stated that they could not allow the income
derived from the bridge to be in any way taken as a basis
upon which to estimate the amount to be paid for the pur-
chase
thereof. The deputation further reported that they
were informed by the directors that a survey and examina- '
tion of the bridge had been recently made by Mr. Rennie,
civil engineer, who had reported that the same, toge-
ther with the foundations and abutments thereof, were in
a perfectly sound condition. We, your Committee,
having fully and maturely considered the subject, have
thought it right to report the above circumstances to
your hon. Court before we incur the expense of employ-
ing professional gentlemen to make a survey and exami-
nation of the bridge, in order to ascertain the strength
and durability thereof. All which we submit to tho
judgment of this hon. Court.—Dated this 20th day of
December, 1853.
" R. C. BUCKNALL, " J. DAVITS,
" J. WATERLOW, " T. JOYCE,
" R. CHAPLIN, " D. SALOMONS."
" T. Deux,
Deputy PEWTRESS concluded that they had not car-
ried out the instructions of the Court in respect to the
resolution submitted to them, and that the Court were
now as ignorant with regard to the matter as they were
before the reference. It was utterly impossible for the
Court to forma plain and satisfactory estimate as to the

amount asked for the bridge until it had been clearly
ascertained that the structure was capable of accom-
plishing the purpose for which it had been erected. The
report had not the sanction of the chairman, and, al-
though it had that of the committee, it was only by a
majority of one, very considerable difference of opinion
existing among them. If the statements which had
been made with regard to the cost of a new bridge and
its approaches were correct, it would be impossible for
the corporation and the public to obtain facilities equal
to those now presented for two or three times the
amount asked for Southwark-bridge. A new bridge
and its approaches would cost not less than 1,000,0001.
sterling. (Hear, hoar.) He therefore thought the
Court ought to come to the conclusion that the price
asked for Southwark-bridge was fair and moderate.
Alderman SaLomoNs said the purchase of the bridge
appeared to him to be the best plan for relieving the
crowded condition of the city. Before, however, the
corporation agreed to give anything for it, they ought to
ascertain, through their own engineer, whether it was
worth anything. He therefore moved as an amend-
ment—" that the report be referred back to the com-
mittee, to ascertain by professional inquiry the state of
Southwark-bridge, with reference to its strength and
durability, and to report the same to this court."
Deputy HARRISON, in seconding the ameo,lment,
said he had a great deal of doubt, from inforrnatio❑ he
had received from others, as to the stability of the
structure.
Deputy CONDER suggested that an interview should
be sought with the Government, with a view to ascer-
tain if they would assist the Court in the contemplated
purchase.
Deputy DAKIN thought the committee had acted with
very great discretion in bringing up the report. He
thought the comnaittee had acted very wisely in coming
back to the court to state exactly the views of the direc-
tors of the bridge with regard to the price to be paid in
the event of the corporation becoming purchasers.
(Hear.) e gentlemen had informed the committee
that Mr. George Rennie, their engineer, had within the
last six weeks examined, at their request and cost, the
state of the piers and abutments, and had reported
them to be in as sound and perfect a state as when the
bridge was first built. And there was likewise the report
of Sir R. Stephenson and others upon the same point.
Mr. ANDERTON said, if the Court wished unneces-
sarily to incur an expenditure of 7001. or 8001., they
would pass the amendment. He thought 300,0001.
much too large a sum to be paid for the bridge.
Mr. GRESHAM - If the Court wish for the bridge, let
them get an act of Parliament, and summon a jury to
assess the amount at which they shall have it.

12,062

12,111

Mr. ELLIOTT hoped the amendment would be carried,
in order that the Court might show their anxiety for
affording increased accommodation to the traffic of the
city.
Alderman WILsoN—I think it the duty of the Court
to refer the report back for further inquiry. The ques-
tion is, whether the structure is equal to carry the traffic
of London-bridge. lam satisfied it is not. The direc-
tors formerly asked 190,0001. for Southwark-bridge.
They now talk of 300,0001., thinking you cannot do
without it. Rather than give this sum I would build
another bridge. (Hear, hear.) It is one of those at-
tempts to extort money which I think the corporation
ought to resist. (Hear, hear.)
The LORD MAYOR having put the motion, declared it
to be negatived.
The amendment now became a substantive motion.
Mr. HAWKINS moved as an amendment the addition
of the following words to the motion That the
Bridge-house Committee having reported that the
minimum price required by the directors of the South-
wark-bridge is 300,0001., it is the opinion of this Court
that they cannot further negotiate those terms."
Deputy DAKIN seconded the amendment.
The Court divided, when there appeared—
For the motion 33
For the amendment 26
Majority in favour of the motion
Deputy HARRISON presented a petition from the Com-
mittee of the City of London Hospital for Diseases of
the Chest, praying for a grant in aid of their funds.
The petition was referred to the Coal, Corn, and
Finance Committee to examine and report.
ASSOCIATION NOR THE RELIEF OF THE POOR OF THE

APPOINTMENTS.

Rear-Admiral Sir James Stirling, Knight, to be Com-
mander-in-Chief on the East Indies station, in the room
of Vice-Admiral the Hon. Sir Fleetwood Broughton
Reyno!ds Pellew, C. 8., K.C.H., at present in the com-
mand of that station, and serving in the China seas in
the flagship Winchester, 50.
Captain John Charles Dalrymple Hay (1850), who was
promoted for his efficient services against the pirates
whilst serving in the China seas, is appointed flag-cau-
tain to Vice-Admiral Sir Thomas J. Cochrane, K.C.8.,
Commander-in-Chief at Portsmouth, for service in the
Victory, flagship, at that post, vice Captain Sir Thomas
Maitland, C. 8., appointed to the command of the Ex-
cellent gunnery-ship.
There are only two officers in the Royal Navy having
the surname of Annesley, and both serving as mates
until yesterday, when one of them was promoted to the
rank of lieutenant—the Christian name of the one being
William G., and the other William H. Annesley (1850).
It is the latter, who is at present serving as first mats
in the Hydra steam-sloop at the Cape of Good Hope,
who has been promoted, and not the former, as was in-
advertently stated in the promotions announced to-day.
Commodore John Shepherd, the Rev. J. C. Connolly,
Chaplain of the Fisgard, Mr. Taplin, Assistant-Inspec-
tor of Steam Machinery, and Mr. M'Avoy, teacher of
the dockyard apprentices, assembled in the schoolroom
of the south-west gate of the dockyard yesterday, for
the purpose of examining 26 boys, several of them from
the naval schools at Greenwich, others from Weymouth,
and several of those instructed at the dockyard school
here, for the purpose of ascertaining their qualifications
and eligibility to be entered as engineer apprentices at
the factory at Woolwich dockyard. The result of the
examination will not be known until the names of th e
successful candidates are approved by their lordships.

FAILURE IN MANCHESTER.—The failure of Messrs.
Thompson Brothers and Son, calico printers, Manches-
ter, was reported yesterday in that town, and caused
considerable excitement on 'Change. Their liabilities
are stated to be upwards of 120,0001. The Manchester
and Salford, and Craven Banks, and several large manu-
facturers, are stated to be heavy creditors.
ERECTION OF THE STATUE OF RICHARD CCEUR DE
LION, IN PALACE-YARD.—Yesterday the equestrian
statue of Richard Coeur de Lion, which attracted so
much attention and admiration at the Great Exhibition
of' 1851, by Baron Macotti, was raised on the temporary
pedestal erected in Palace-yard, immediately facing the
entrance to Westminster-hall, in the presence of a large
concourse of spectators. From the colossal proportions
of the statue it was necessary to employ a great number
of workmen, as also the erection of enormous triangular
shears and windlass, by means of which the heavy por-
tions were raised, the minor proportions being sepa-
rately raised and placed in their proper positions, with-
out any accident. The erection of the statue is only
temporary, for the purpose of trying its effect and har-
mony with the New Palace of Westminster, the site at
present proposed. It is, however, well known that the
statue is only the model of one to be cast in bronze, a
subscription to the extent of 4,0001. having been raised
for its purchase and the casting, the site for its erection
being left at the disposal of the Government. Sir
Charles Barry is, however, understood to object to the
statue being raised on the spot contemplated, as it will
interfere with the harmony and effect of the general
architecture of the place, but more particularly with the
screen to be erected in front of Westminster-hall.
LIABILITY OF THE PILOT SERVICE.—In the Liver-
pool County Court, on Tuesday, Joseph Pollock, Esq.
(judge), delivered judgment upon the case of the Dock
Trustees against Messrs. Brown, Shipley, and Co.,
agents for the Collins line of American steamers, for
damage done to the Bell Beacon, caused by the United
States mail steam-ship Baltic coming into collision with
it on the 16th April last, while in charge of a pilot, which
sank it, and the action was brought to recover the cost
of raising and repairing it. The application was ground-
ed upon the statement that the speed at which she was
going was 121 knots an hour - too great a rate of speed
for a vessel so large as the Baltic entering a river, while
the defence was that having placed the vessel in the
hands of a licensed pilot, according to the act of Parlia-
ment, the owners of the ship were relieved of further
Pollock, who
This latter view was concurred in by Mr.
who gave his decision for the defendants with-
out costs. His Honour also delivered judgment in the
cases of " Fairclough v. Bond," and " Marshall v. Pater-
son," both for damages by collision -in the former of
which the verdict was for the defendants with costs, and
the latter with costs for the plaintiff.
[ADVERTISEMENT.]—HoIIoway's Pills, an Effectual
Remedy for Gout and Rheumatism.----Extract of a
letter from Mr. W. Moon, at Messrs. Godwin's, auc-
tioneers, Winchester, dated April 8, 1852. To Professor
Holloway.—Sir,—l beg to inform you that for years I
was a sufferer from chronic rheumatism, and often laid
uy for weeks together, unable to move. I was attended
by the most eminent surgeons here, but obtained no
relief ; and was induced to go into our county hospital.
The medical treatment there, however, being of no
avail, I left, and commenced using your pills, which, I
am happy to say, in a short time effected a perfect cure,
and enabled me to resume my employment. —Sold by all
druggists, and at Professor Holloway's Establishment,
244, Strand, London.
GLASGOW AND SOUTH-WISTERN RAILWAY.--Traffic re-
oturrtrrefspo
or the week ending 14, 1854 0,649 7 5
3,731 18 0

Decrease is 1854 £B2 10 7

THE SUN, LONDON, FRIDAY EVENING, JANUARY 20, 18 5 4

THE COAL TRADE.

The following official statistics have been published
with regard to the importation of seaborne coal into the
port of London in 1853 :

Tyne house coals
Sunderland and Seaham, ditto
Hartlepool and Stockton, ditto

Total house coals
Steam
Gas
Coking
Manufacturing
Welsh
Yorkshire, &c
Small

1852. 1853.
Tone, Tons.
355,587 283,086
912,249 881,372
690,335 635,789

1,958,171 1,823,247
297,488 340,714
519,458 580,780
183,700 229,664
233,840 251,944
99,643 82,953
19,297 23,942
21,831 40,012

3,330,428 3,373,256

COALS IMPORTED BY RAILWAY AND CANAL.
1852. 1853.
Tons. Tons.
195,865 358,775

Great Northern

North-Western 137,978 173,346

Eastern Counties.

Great Western..

South-Eastern ..

Grand Junction Canal .

River Thames

28,816

6,148

4,596 16,589

10,652 12,854

33,800 21,602

411,820

651,356

Though there was a falling off in the import of sea-
borne house coals in 1853, it was nearly compensated by
the quantity (94,000 tons) brought by railway from the
county of Durham.

LAW INTELLIGENCE.

There has been an increase in the steam, gas, coking,
and manufacturing coals, which are chiefly shipped from
the Tyne. The following quantities have been shipped
from the chief colliers in that river :

Tons. Ton&
I New Pelton 98,437 Peareth
Pelaw Main 68,667 RaveneworthPelaw 49,026
Dean's Primrose 57,260

COURT OF QUEEN'S BENCH.—JAN. 19.
(Sittings in Banco.)
(Before Lord Campbell, and Justices Coleridge, Wight-
man, and Erle.)
IN RE AN ATTORNEY.
Mr. Millard moved for a rule to strike an attorney off
the rolls on the ground that he had obtained 501. from a
person named Cartwright by false representations with
regard to the progress of a suit in Chancery, which
suit, as it was aftewards ascertained, had in fact never
existed. He also moved on the ground of the miscon-
duct of the attorney in two other transactions in which
he had been engaged.
The court granted a rule nisi.

•
Of cannel coal there was shipped from the Tyne in
1853, 27,000 tons, more than treble the quantity in 1852.
The number of tons shipped for London by the leading
house coal colliers in the north in the past year was as
under :

Tons.

Lord London-
derry's
236,363
South Hetton and

Tons,
114,469
106,824
94,958

THE QUEEN V. WOOD.-CERTIORARI.
It this, case a rule nisi had been obtained for a certio-
rari to remove into this court an order of a magistrate to
execute a warrant of a distress upon the goods of George
Stanley, dated Ist of June, 1853, to enforce the pay-
ment of 22/., the arrears of a highway rate with the costs.
The Court of Quarter Sessions of Staffordshire had upon
appeal allowed the rule against Stanley, and it was to
enforce this order that the defendant bad issued his war-
rant.

Hetton
Haswell
Thornley

Kelloe
Lord Durham's 146,295 Black Boy 76,019
The following is the quantity of coals shipped from
the respective ports to the metropolis, and the number
of ships entered by each factor :
Ships. Ports.
4,451.
2,016
1,331
2,486
582 • Stockton, &c.
325
78
335
333
1
121

Tone.
1,411,207
614,341
318,861
673,709
133,271
65,737
13,611
82,542
24,247

130
31,778

Culm
Cinders

Ships.
Hill and Co 1,792
Harris and Dixon 1,116
H. Taylor 915
Charleton & Watson 731
Marshall and Page 7lO
S. Clarke
W. Metcalfe
Smith, Seurfield, and
Co.
W. Milnes 572
Miller and Potter

3,369,437
440
3,379

3,373,256
Ships,
Fenwick, Laroche,

Mr. Pashley now showed cause against the rule, on
the ground that the proper remedy against the magis-
trate was by an action of trespass for an unlawful dis-
tress, and that a warrant of this description was not re-
moveable by certiorari.
Mr. Scotland, in support of the rule, contended that
no action would lie against a magistrate for any proceed-
ings which had not first been quashed either on appeal
or by certiorari, under the 11th or 12th Viet., c. 44,
sec. 2.

and Co.
F. D. Lambert
W. E. Bell 247
Carr, Lamb, and Co 128

9,119
Agents

Lord Campbell was of opinion that there was sufficient
ground for questioning the validity of the warrant, and
therefore the certiorari must go, and they would consi-
der hereafter whether the warrant was valid or invalid.
Mr. Pashley would not then be exclnded from arguing
that a certiorari would not lie. The important ques-
tion would be, whether the order unquanhed would be
answer to an action against a magistrate.
Rule absolute for a certiorari.
EX PARTE LATHOM.—CERTIORARI.--THE RECENT COLLI-
SION ON THE EASTERN COUNTIES RAILWAY.
Mr. Palmer moved for a certiorari directed to Mr.
Crisp, commanding him, as the coroner for the county
of Norfolk, to return to this court the depositions taken
by him upon an inquisition on the bodies of three per-
sons, named Hampton, Stevenson, and Smith, at a sta-
tion on the Eastern Counties Railway, on the 7th inst.;
and also for a rule nisi to admit to bail one John Lothom,
against whom the coroner's inquest had returned a ver-
dict of manslaughter. The case arose out of the recent
collision on the Eastern Counties Railway.
Lord Campbell asked what was imputed to the de-
fendant ?
Mr. Palmer said it was carelessness in driving on to a
line on which he ought not to have driven.
Mr. Justice Coleridge said the application ought to
have been made at chambers.
Lord Campbell said it must be understood that an ap-
plication of this kind could and ought to be made to a
judge at chambers ; but in this instance, for the sake of
the liberty of the subject, the court would grant a rule,
cause to be shown at chambers.
Rule nisi.
THE QUEEN V. MYERS.—CERTIORARI.—ALLEGED MAN-
SLAUGHTER.
Mr. Huddlestone moved for a rule for a certiorar to
bring up the depositions in the case, and to admit the
prisoner to bail. The learned counsel said he had
already applied to Mr. Justice Erle at chambers, when
the learned judge had given him leave to apply to the
full court. The defendant on whose behalf he applied,
had been committed by the magistrates for a burglary,
which it was alleged he had committed at Leighton
Buzzard, in November last, when property was stolen to
the value of 8001. from the shop of a watchmaker and
jeweller. The only point against the defendant was that
a short time after the burglary had been committed he
had offered some of the property which had been
stolen for sale, but he explained this circumstance
by stating that he had offered the property to a
tradesman to whom he was well known, and had re-
fused to take less than 71. the fair market price for
it. The defendant also stated that he would be able to
call three respectable persons who could prove that he
had obtained possession of the property in an open and
proper manner.
Mr. Justice Er]e said that when there was a proba-
bility of conviction, and the offence was transportable,
he thought it his duty always to refuse bail.
Lord Campbell asked if these three respectable per-
sons had made an affidavit.
Mr. Huddleston replied that they had not. The affi-
davit on which he made the application set forth that
the defendant was subject to illness, which would be
much aggravated by confinement.
Mr. Justice Erle—You ought to mention to the court
that that illness is indigestion. (Laughter.)
The court refused to grant the rule.
(Before Vice-Chancellor Kindersley.)
vezerateamv V. WELLESLEY.—MORNINGTON V. MORNING-
TON.-PRACTICE.
A motion was made in this case for liberty to enrol a
decree, notwithstanding the time fixed by the orders of
August, 1852, had expired. By these orders power was
reserved to the court to extend the time for enrolment
under special circumstances.
Mr. Freeling, in support of the application, said that
a sale had taken place, under the Incumbered Estate
Act, of Lord Mornington's Irish estates, and that the
object of getting the decree enrolled was, that it might
have priority as a charge upon those estates. There
appearing to be no opposition,
The Vice-Chancellor made the order.
(Before Vice-Chancellor Sir John Stuart.)
IN RE THE NORTHERN AND SOUTHERN CONNECTING
RAILWAY COMPANY—IN RE MERCER.
Mr. Mercer having been applied to to admit his signa-
ture to a deed, had declined to make the admission, upon
which a summons, granted by the Master under the
63d section of the Winding-up Act, 1848, requiring Mr.
Mercer to appear and give evidence before him, was
served on Mr. Mercer personally. That gentleman
made default in obeying the summons ; the default was
certified by the Master.
Mr. Roxburgh now moved that Mr. Mercer might be
committed to the Queen's Bench Prison, according to
the provisions of the 63d section, upon notice given to
Mr. Mercer. He admitted that no travelling expenses
had been tendered to Mr. Mercer. The 63d section
authorised the Master " to summon before him any per-
son, whether a contributory of such company or not,"
and to examine every such person, and then concludes
with enacting, as the penalty of disobedienne, committal
to the Queen's Prison. The provision is general ; but
section 64 provides that every person who shall be sum-
moned before the Master "as a witness shall be entitled
to such costs and charges as are by law allowed to wit-
nesses," but it proceeds to enact that " where any per-
son who at the time of the order absolute was a contri-
butory of such company shall be summoned as aforesaid,
every such person shall have such costs and charges only
(if any) as the Master, in his discretion, shall think fit ;
and the section concludes with the following general
proviso : "But in all such cases the Master may sus-
pend the payment of such costs until such time as he
shall think reasonable." Mr. Mercer having been sum-
moned as a contributory, was not entitled to have any
costs tendered to him, and he is liable to be committed.
Mr. Daniel and Mr. Hetherington, for Mr. Mercer,
were not called on.
The Vice-Chancellor said the question was one of
great importance, because on the one hand his decision
might throw on the official manager the burthen of ten-
dering his expenses to the parties summoned before the
Master, whilst, on the other hand, the liberty of the in-
dividual was endangered. The 64th section related first
to the case of a mere witness, and, secondly, to that of
a contributory, or alleged contributory. Mr. Roxburgh's
contention was that every alleged contributory came
within the second branch of the clause, but he was of
opinion that until liability as a contributory had been
determined the individual summoned was in the more
favourable situation of being a witness, and when a wit-
ness lived at a distance, and was required to undertake
a journey, his travelling expenses must be tendered to
him with the subpcena, or he could not be compelled to
attend. The other costs and charges of a witness were
not given to him until afterwards, and the court must
hold that the words costs and charges in die latter part
of the section included only such costs and charges as
the witness would be entitled to after he had attended
in that character. In the present case an individual had
been summoned as a contributory, and had refused to
attend, and the question now raised was not as to what
costs or charges he is to be entitled to, but whether a
contributory contending that he was only a witness was
entitled to have his travelling expenses tendered to him.
His Honour thought Mr. Mercer was entitled to have
such expenses tendered to him. The motion must be
refused, and the costs of Mr. Mercer and of the official
manager be paid out of the estate.

10,457

With regard to these facts, the Newcastle Chronicle
says It will doubtless cause surprise to many in
London to find that they have been, by the simple ac-
tion and demand, compelled to pay from 25 to 100 per
cent. more for their coals in 1853 than in 1852, though
the quantity sent to London in 1853 was in excess by
284,736 tons—the total annual supply from all sources
having reached 4,026,985 tons."