The Sun.
London, England, 1849-04-26 00:00:00

ROLLS' COURT.-(THIS DAY.

The Master of the Rolls heard motions to-day,but
no case of any interest came before his Lordship
during the morning.

VICE-CHANCERY.—(THIS DAY.)
(Before the VICE CHANCELLOR of ENGLAND.)
THE LONDON AND NORTH-WESTERN RAILWAY COM-
PANY V. SMITH.
A motion in this case for an injunction to restrain
the defendant Smith from bringing an action to re-
cover compensation from th© company,. for damage
done to his property by the construction of their
railway across Bartholomew-street, Birmingham,
occupied the Court the whole day.
(Before the Vice-Chancellor KNIGHT BRUCE.)
His HONOUR heard motions to-day, but no case
calling for a special report came before the Court
during the morning.
(Before the Vice. .Chancellor WIGRAM.)
MUTTON V. THE SOUTH-WESTERN RAILWAY COMPANY.
This case stood on the paper for judgment to-day,
but his honour, on taking his seat, stated that he
was not quite prepared, and would therefore postpone
giving it till to-morrow.
The Court then heard motions.

EXCHEQUER.-(THIS DAY.
(Sittings in Banco.)
lIESSRB. BROADWOOD V. ASHTON.

This action was tried before the Chief Baron at the
last sittings after term, at Westminster, when a verdict
was found for the plaintiffs for 281.
Mr. WILLES, in pursuance of leave reserved, now
moved to enter a nonsuit. The plaintiffs are brewers,
and the defendant was a clerk in their employ, whose
duty it was, with others, to keep the books of the firm.
The action was upo❑ the case, and the counts set forth
that the plaintiffs gave the defendant the custody of
certain goods and chattels, viz., certain pieces of money,
amounting to 281., to be returned upon request, and that,
through his improper conduct and neglect, the said goods
and chattels were lost to the plaintiffs. It appeared that
a number of collectors were employed by the firm to
receive payment of accounts from the customers,
upon which they were allowed a commission, and that
it was their duty to account for the monies they re-
ceived during the week, and to pay them to the cashier
every Saturday. It appeared also that the collectors
were in the habit, somet►mes, of leaving sums of money
in the hands of the clerks, and coming next morning
and paying them to the cashier, whose duty alune it was
to receive money. On the 10th of December, 1847, a
collector, named Kinnersly, came to the office, in the
evening, with 281., the amount in question, and wished
one of the clerks to take care of it. The defendant
volunteered his services, and the sum was handed to
him, but on the following morning it was missing.
There was no imputation whatever upon the character
of the defendant, but the dishonesty of another clerk
was suspected.
Mr. WILLES submitted that from the circumstance of
the defendant not having anything to do with the re-
ceipt of money, end merely taking custody of it for the
convenience of the collector who was to receive it hack
again and pay it to the cashier, that the plaintiffs were
not entitled to recover against him.
The Court granted a rule.

POST-OFFICE.—NOTICB.—Mount Bellew, County
Galway, Ireland, having been constituted a post town,
money orders will in future be issued and pa►d at that
office. .

MIDDLESEX S3','SSIONS.
(TUN DA Y.)
(Before the ASSISTANT- JUDGES.)
TDE CASINOS - Charles Wolf, Thomas Ottey,
Richcrd Pridmore, George Ilainsley, and Albert
Leonard, were indicted for carryitg on musical and
entertni:llnents in the building known as
SavTe llouse, Leice:Aer.quare.
It tlppeared that there was in this indictment, which
was dated the 3,1 Jan., 1849, some informality, in
consequence of which it w%s withdrawn.
Charles Wolf, Th,tnas Ottey, acrd George Anners-
ley or Ilainsley, were called upon another indict-
ment, dated the 2d of February, 1849, in which the
name of Albert Leonard did not appear, as in the
previous one.
Mecsrs. Wolf, Ottey and Annersley presented
themselves at the bar, but Mr. Pridmore did not
appear._

PARRY, on the part of the four defendants,
addressed the Court, and said he hoped the parties
would not be called upon to plead to this indictment,
as it was very well known to his Learned Friends,
Mr. Clarkson and Mr. Bodkin, who appeared for the
prosecution, that the portion of the house in Leicester-
square which had been called by the name of " Wal-
halla" was shut up after Easter Monday, and had not
since been opened for any purposes such as alleged in
th.. indictment, that was to say, music snd dancing.
The place had been since in the possession of an
American gentleman, who applied it to the purpose
of exhibiting views upon the river Mississippi, in
which he did not suppose he was offending against
the laws of England. Under the circumstances, the
Learned Gentleman submitted that there was no oc-
casion to call upon any of the defendants to plead to
this indictment, as they were quite ready to enter
into satisfactory recognizances, as they had expected
would be the result of those negotiations which had
been going on from time to time since February last.
With respect to Mr. Pridmore, who was (as we
understood the Learned Gentleman) the proprietor of
the place formerly celebrated for the exhibition of
Mits Linwood's pictures in needlework, he was not
aware that he was violating any law when he
opened the tame apartments under the name
of the Walhalla. That defendant was a gentleman
of great respectability, and he did not wish to plead
guilty to any indictment which implied such a charge
as that of keeping a disorderly house ; and he hoped
that his entering into any required recognizances,
would satisfy all the legitimate purposes of the pro-
secution. The other three defendants were ready to
plead. They were respectable persons, and had not
been conscious of committing any offence ; nor indeed
did he (Mr. Parry) think they had offended against
any law whatever. They were ready to enter into
recognizances.
Mr. CLARKSON said that the prosecution was
promoted by Stowell against those who per-
formed music and dancing without license,
and it was promoted at the instance of those who
were licensed for those kinds of entertainment.

The prosecutor was ready to go on to trial, unless
the defendants would consent to fulfil the terms

which had been proposed to them in the several ne-
gotiations that had taken place. Neither he nor his.
friend, Mr. Bodkin, who appeared with him, was in-
structed to call for anything like punishment, but he
did not think that under the circumstances, and after
all that had passed, the prosecutor should be expected
to take off his hat, Pnd make a bow to the defendants,
thanking them for at last renewing their recognia-
ances, and putting off the case sine die, without any
more definite conclusion.
Mr. PARRY said that there was one action for
penalties against the defendants already, besides the
proceedings here. Mr. Lewis said that the action
was in his hands. If that were so, the defendants
would he satisfied, hut they thought they were in the
hands of dishonourable persons.
The ASSISTANT- JUDGE said that he himself would
be bail for Mr. Lewis. With respect to the Act
under which these proceedings were instituted, he
must say that he did not think its nature was rightly
understood. If the case went on to trial, he should
have to enter into the bearings of the Act more in
detail. But at present he should say that
there was one important effect of the Act
which rendered its repeal absolutely necessary,
and that was that, if it were enforced, every person
who gave or performed in a morning concert was
liable to an indictment, and to an action for penalties.
Such a law was wholly incompatible with the present
circumstances_ of society, but whilst it remained in
force even the admirable and amiable Jenny Lind
might be indited, and those who engaged her in the
morning concerts might be charged in that court,
under the Act in question, as keepers of disorderly
houses. It was expressly declared inditable by the
Act for any person to give a public concert before
five o'clock in the afternoon. This law could not re-
main.
It was ultimately agreed that the case should stand
over upon fresh recognizances to Thursday, the 24th
of May, with the understanding that an arrangement
will be come to in the meantime to the satisfaction of
the prosecutor.
LAURENT'S CASINO, ROYAL ADELAIDE GALLERY.
Emile Laurent and James Ellis, were called on an
indictment similar to the preceding, but after a short
conversation, this case also was put off on a like un-
derstanding.
THE ETHIOPIAN SERENADERS.—Thomas Harwood,
David Martin, and Charles Bender, were indicted
under the same Act, for giving musical entertain-
ments, viz., those of the negro ringers or serenaders,
at the Literary and Scientific Institution, in White-
chapel. In this case also, Mr. Parry appeared for
the defendants. He stated that the matter had been
arranged.
The defendants were discharged upon their own
recognizances.

NEWMARKET RACES.

(THIS DAY.)

(BY ELECTRIC TELEGRAPH.)

Sweepstakes. T.Y.C.

Birdcatcher colt ... ... ... ...
Dromedary c01t... ... ... ... ... ...
Handicap Sweepstakes of 25 sovs. each. T.Y.C.

St. Ann
Chicot

••• 1
•••

LLOYD'S SHIPPING—(THIS DA
LONDON, APRIL 26.—Wind this day at noon N.W.,
light breeze and dull hazy weather.
FALMou TH, APRIL 25.—Wind N.W. to N.—Arra.
23d, Courier, Ilavighoist, Buenos Ayres, for Brrnirn ;
24th, Rose, Mc Kinky, Baltimore; Emelie, Normans,
Port au Prince, fur flamburgh ; George, Store, Lima;
Ingcborg, llundewadt, Rio Janeiro; Francis Lord, Now'
lan, Buenos Ayres, for Antwerp; Auguste Beothe, Grill,
La Guayra, for Hamburgh. Off port, Agricola,
Bell, Sydney, New South Wales; sultana, Langford,
Port Philip; Vigilant, St. Domingo.
YARMOUTH, APRIL 24.—Part of a book, containing
receipts for seamen's register tickets, was picked up on
Caistor Beach, last evening, supposed to belong to the
John and Ann of Sunderland, as that name, with Joseph
Uaxt, r, as master, appears on the receipts.
MONTROSE, APRIL 3,—The Phoenix (schooner),
from Sunderland, got in contact with the suspension'
bridge this day, lost masts and anchors, and was carried •
by the tide down the river, below the lighthouse, where
she now lies on the Annot.
SOUTHAMPTON, APRIL 25.—The Indus (steamer),
Soy, has returned to this port to•day, after towing the
Po/anger (steamer) through the Downs, and leaving her
in charge of two steamers.
STOCKTON, APRIL 25.—Wind W.—Sid. 24th, Zephyr,
Quebec.
BELFAST, APRIL 24.—Wind S.—Arrd. 22d, Lin*
Turney, Barbadoes; Henry Shelton, Long, Baltimore,
United States.
CLYDE, APRIL 24.—Arrd. Elias Ann, Savannah; Rob
the Ranter, Park, Rouen. Ski. Queen, Calcutta ;
Springhill, Quebec:
MILFORD, APRIL 24.—Wind W.S.W.—Arrd. Gentoo,
Moulmein.
COWES, APRIL 25.—Wind S.W.—Arrd. Experiment,
Alinger, Buenos Ayres; Julius,. New Orleans.
PLYMOUTH, APRIL 25.—Wind S.W.—Arrd. 24th,
Arco, Clark, Guayaquil, for Hamburgh; Princess Alice,
Hunter, Rio Grande, from Bristol. Sld. 25th, Nevi
Liverpool, Port Philip.
FowEY, APRIL 24.—Wind N.W., thick.—Arrd.Anst
Autzen, Valparaiso.
LIVERPOOL, APRIL 25.—Wind N.N.W.—Arrd. Elios
Norman, Shanghai; Anna Henderson, Coull, Cal'
cutta; General Sale, White, ditto; John Bull, Crawford,
ditto; Winifred, Christie, ditto ; Mary Imrie, Boyd'
ditto ; Earl of Harewood, Atkins, Madras' Sea, Low::
son, Callao ; Monarch, Percival, Buenos Ayres, to"
18th Feb.; Ann, Johnstone, Maranham, sld.llth nitLena'
Redman, St. Domingo; Millman, Wheeler, Cuba;
wood, Vickers, Havannah; Viceroy, M'Mahon, Isle"
Orleans, with loss of foremast, &c. ; Rockaway. 13°5
worth, New Orleans; J. P. Whitney, Glidden ditto;
Canada, Guthrie, ditto; Themis, Leighton, ditto; River'
dale,
Mnswell, ditto. Off port, Gardyne. Arica'
Malcolm, 'Paraiba; Enterprise, Susquehanna; Hannibal,
De Witt Clinton, Midas, Greenock, Toidy Milton, Emma
Graham, Ashburton, Pollock, Fanny, William Provvset
Jane. Arrd. Manchester, Mobile; Sardinia, Crocker, I‘l°
bile ; Lord Wellington, Mobile; Wakefield, Forbes,
Mobile; Colonist, lleron, Savannah; Charlotte, Ayleg,
Savannah; North Caroline, Drummond, Charleston;
Helen, M'Culloch, Charleston; Princess Alice,
Charleston; Albion, Wylie, Charleston; Helen, Bl'a,°_,w'
Philadelphia ; Hottinguer, Barsley New York ; ut)1:
lumbus, M'Cowan, New York; Isaac Wright; Marsha
New York ; Jamestown, Trask, New York; Sea'
Barstow, New York; Roecius, Eldridge, New Ir" ;
. London, Hebard, New York; R. C. Winthrop, KtinNvieb;
Boston; Pilgrim, St. John's, New Brunswick, for t_o
Clyde, leaky. Sld. dEolus, New York ; Shannon. IsTe
York; Osceola. New York.
DOVER, APRIL 25.—Wind S.W.—Arrd. Unica
Asttquaia, Havanna!), and sailed fur Hamburgh ; "
line, Sanholz, St. Domingo, and sailed for Rotterdam.
OFF CORK, APRIL 23.—Carnatic, New Orleans. o.
CASTLETOWN, APRIL 21. Sid. Vixen, B°3t
United States.
SWANSEA, APRIL 25,—Wind N.-61(1. Walla°
Prince Edward's Island.

JERSEY, APRIL 23.— SA NanJ'eA, Lat)rad,irs ;
Unity, ditto.
DRAL, APRIL 25.—Wind S.W.—Arrd. Jein Daniel,
Batavia; Borneo, Ilariaon, ditto, both for IloAand; Co-
tnThine, Crisp, Mauritius; Maria Sabmand, Sorensen,
liio Janeiro; Minna, 1-livanr:ah; Wellington. Chadwick,
New York. Arrd. from the River on the 21th Pagrirn,
Francis, New Zealand; Choice, Robertson, Montreal.
Arrd. from the River and sic?. on the 25:h P2rJ, Ethott.
S[ll Francisco.

MONEY and COMMERCIAL NEWS.
CITY, QUARTER TO THREE.
The sales of Cotton at Liverpool yesterday were esti-
mated at from 6,000 to 7,C00 bales, and comprised about
5,300 American at 3d. to W., 100 Bahia at sd. to 5d.,
2" Egyptian at 52d. to eid., and 300 Surats at 3.-}d. to
31d. per lb. The market closed firmly.—The market
for Railway Shares closed heavily.
Accounts from Now York of the Bth inst. have been
received by private ship. The Money Market was
easier, and the exchange on England was 1051 to 106,-}.
Boston advices of the 7th notice no alteration in the
exchange, but a rise seems to be expected. Breadstuff,
had a downward tendency.
The Hibernia steamer, to leave next Saturday, will
take out about 200,0001. in specie. Altogether be twi en
500,00-o/ and 600.0001. have been shipped from Liverpool.
Sydney accounts of the 9th of January, by a direct
arrival, state, that the sales of the property of the Bank
of Australia engrossed great attention, and that the Cali-
fornia gold discoveries had also caused much excitement.
Shipments of goods were being made to San Francisco
and passengers were also going. General business was
dull. The Van Diemen's Land papers of Jan.
17, allude to the continued dissatisfaction felt at
the arrival out of ss marry convicts, and as far
as we can judge there was a superabundance of
labour in many of the large towns of. Australia, although
employment could be found in the interior. The
Molong Mining Company in New South Wales exhi-
bited indications of a good deal of mineral wealth,
though not much was procured.
The advices received from the continent are still un-
promising in reference to the Danish affair, and in Ger-
many matters were unsettled, owing to the procrastinat-
ing policy of the King of Prussia. The late affair at
Pesch between the Austrians and Hungarians is said not
to have been decisive.
The prospects of the Mexican bondholders appear by
the advices received yesterday to have very sensibly im-
proved, and thanks to the exertions of Messrs. Manning
and Mackintosh, the agents in Mexico of the London
Committee, aided by the perseverance and talent of Mr.
Parish Robertson, there is every reason to conclude
that the Republic will do ample justice to its foreign
creditors, and perhaps even succeed in effecting
a permanent arrangement of the arrears of
interest, and in paying dividends ere long
upon the whole. The arrears may possibly be con-
verted into a Three per Cent. security. As to
the productiveness of the Customs' revenue, we find
already that the 350,000 dollars advanced by an ar-
rangement with Messrs. Baring, and paid in Lon-
don, have been made good, and that a re-
sumption of remittances may be almost immediately
expected. On the other hand, the duties on silver are
becoming available, and although only 1,200 dollars
came by the steamer, and not 65,000, as reported
yesterday, it is the beginning of what may be a
considerable annual remittance. Mr. Robinson
states that he has been excellently received
by the Mexican Government, and that part of the
indemnity money will probably be applied to an ar-
rangement of the debt, as well as to the establishment
of a National Bank, from which such important results
are expected.
As there are so many contradictory reports circulated
concerning the position of the Eastern Counties Rail-
way, we believe we may confidently state that
the report of the committee which will be
issued this evening, recommends no dividend
to be paid for the past half-year, although
38. or 4a. may have been earned, if no allowance is to be
Made for wear and tear. There are, however, carriages,
engines, &c., to be replaced, and as funds are
Wanting and cannot perhaps be readily borrowed, the
revenue it is consideree, must supply the requisite sum.
The line, as Mr. Hudson has stated, is most expen.ive
to manage, and it is extremely difficult to say how it
can be worked cheaper, while the Great Northern will
prove a formidable rival, and must be met by the con-
struction of one cr too small branches, involving ne-
cessarily the raising, by loan or new shares,
of some additional capital. It is to be hoped this
amount will not be large, for the prospects of the share-
holders, with so many guarantees to pay, and the bonus
capital created years since, and before Mr. Hudson
joined, are sufficiently bad without fresh incurn-
brances. Many doubt, if money be not borrowed,
whether, even in the current halt-year, a
dividend can fairly be paid, but, perhaps, some arrange-
ment may be mate to pay something as a relief to the
more needy holders.
The Funds have been rather flitter this morning,
with business as dull as ever. Cc,nsals have been 911
to 92, and are now 92 to k. The New Three-and-a-
Quarter per Cents. have realised 91i to 91k. Bank
Stock is 1921 to 1931, and India Stock 243. Exche-
quer-bills have been at 455. to 48s. premium.
Mexican Bonds are very buoyant still, being 311; to 32.
Venezuela have realised 25k. Spanish Three per Cente.
have been marked 25k, and Portuguese Four per Cents.
28i Dutch Four per Cents. are 774
In Shares there is not a great deal doing. Caledonian,
Bristol and Exeter, and Eastern Counties are retire'.
better. Great Northern Midland, South-Eastern and
York and North Midland are lower. North-Western
and Brighton much the same.
BRITISH FUNDS THIS DAY AT ONE O'CLOCK.
(From the Official List.)
Bank Stock 193% 19234
3 per Cent. Reduced Annuities 90'04
3 per Cent. Consols Anns 921/i 91% 92
New 3% per Cent. Anna e. 91letiaiea
Long Annuities, Exp. Jan. sth, 1860... 8 9-16
India Stock 943
Do. Bonds, 10001 6B p
Consols for Account ...
Exchequer Bills. I%d. zd.
March. June.
1,0001.
PRICE OF FOREIGN FUNDS AT ONE O'CLOCIi.
Austrian Bonds, 5 per Cent........... 70
Equador Bonds 4
Mexican Bones, 1846, 5 per Cent 31%
Ditto Account, with C. upons.. 32 31%32!5313/4
Portuguese Bonds, 5 per Cent
Ditto 4 per Cent.
Ditto for the Account
Russian 80nd5.1822, 5 per Cent..... 105% 101%
Spanish Bonds, 5 per Cent,lB4o
Ditto for the Account
Spanish Bonds, 3 per Cent —
Ditto for the Account ....
Venezuela Bonds .. • 251
Do. Deferred
Dividends on the above payable in London.
Dutch 2% per Cent.. 12 Guild
Ditto 4 her Cent. Certificates
BEISINES.; DONr. IN RAILWAY SHAMES AT ON F. O'CLOCK
RAthwAxe. PAID. Pan Reese.
Aberdeen
Ditto, Preference ..
Bristol and Exeter
Caledonian
Eastern Counties ....

Do., New Guar. 6 per cent. 10
Do.Exten., 5 par ct. No. 1,6/. 13s. 4d
East Lancashire
Great Northern
Do. 1/2 A Deferred ..... ... 12% VA-- to
Great North of England 100 ...... ...... to
Ditto, New 104 .... ..... .. - 40
Ditto, ditto
Ditto, New 301 ... 30 ... .. 70
Great Western 100
Ditto, Half Shares
Ditto, Quarter Shares 23 -
Do. New 171
Lancashire and Yorkshire ... 93
Ditto, ditto
Ditto Fifths
Do. New Guarant. 6 per Ct. 10
Leeds and Bradtord 5O - ... NOLA 3/* .. to
London & Illackwall
Lund., Bright., &South Coast 50
De. Pretexential, 5 per Ct., 50 ...... 51 _..to
Ditto, ditto
1852 50 ..... 521,
London b North Western....,loo .....132
D.). New Quarters.
Do. Fifths
Do. 101. ... M. and B. (C.) 1
London and S. Western...—. 50 ..
Ditto, New 504 - - 4234...,.. 29
Do., New Scrip, 1848, Pref.
7 per Ct. on Deposit and
5 per Ct. on Calls ..... 5 • ... 5% .... to _
Midland .....• ............. ...100 7l LA 72... to 69%
Ditto, 501. Shares ..... ...... '25
North British ••.. •••.••••• ..
12% 6
25
Ditto Pali Shares..... ...-
Do. Quarters ................. 6LA ...... 31/e V to
North Staffordshire... .. ...... 17% ...... 1334
°lford, Worcester, and Wol-
verhampton ... .............. 50 to
...... 19 %
Shrewsbury and Chester to
(Nor. W. Wlin. ) ............ 18 ••••••
Ditto 8 per Cent. Pref....... 10 ...... 14% to
South Eastern .............. ... 33% .. ... 21%.
Ditto, Scrip No. 4.. ..... .. 10 .. 7
York, Newcastle, and Berwick 25 ...... 22 L 4 ..
Do. and Newcastle Eaten. 20 ...... 16
‘, Do. G. N. E. Pur. or Pref. S . - 5.A4 6 to 5%
'°_rk and North Midland .. 50 ...... 39 ..... to 37%
Ditto, Preference
Ditto East and Ni eat Riding
Extension 25 ...... 19% ..... to --
FOREIGN RAILWAYS.
Great Indian Peninsular 105....... -
1)0. ,
To '-'° 5
Touts & Nantes ... . .. 11 -

MINES.
Australian .............. 3
Brazilian lmperial ..... 24%
Ditto St. John Del Rey ... 15 ..... lll,-.4 to

- -
GRAND MASONIC FESTIVAL.—Last evening the
annual grand festival of the Masons of England took
place at Freemasons'. hall, Great Queen street, to cele-
brate the election of officers for the year ensuing. The
Earl of Zetland, Most Worshipful Grand Master, pre-
sided, supporled by Lord Suffield, R. Alston, Esq., W.
F..Bead.on, Lsq., &e., who, with about 400 brothers,
attired in full masonic costume, sat down to a most ex-
cellent repast. The hall was most appropriately deco-
rated, the centre ornament of the tables being the mag-
nificent solid silver temple, with candelabra of the weight
of nearly 200 ounces, originally presented to the late
Grand Master, his Royal Highness the Duke of Sussex,
and since re-presented to the Grand Lodge by, her Grace
the Duchess of Inverness. The Right Hon. the Earl of
Yarborough had ibeen unanimously. elected a Deputy-
Grand Master. The evening was enlivened by vocal and
instrumental music, under the direction of Mr. J. W.
Robbs, aided by the Misses Pyne, and Messrs. Francis,
Genge, Young, and Lee. The Couttess of Zetland and
about 100 ladies were in the gallery. The festivities
4enerally were of a highly satisfactory charActer, and
°id not conclude till a late hour.