The Sun.
London, England, 1849-02-06 00:00:00

PARLIAMEN TAR Y 1)1 VISIONS.

:From the Votes and Proceedings of the House of Commons.)

DIONDAY, FEB. 5.
PUBLIC BUSINESS.

Motion made, and Question proposed, " That after Tues-
day, the Ist day of May next, Orders of the Day shall have
precedence of Notices of Motions on Thursday, the right
being reserved to her Majesty's ➢Ministers of placing Govern-
ment Orders at the head of the List, as on Mondays and
Fridays." Amendment proposed, to leave out from the
word " That" to the end of the Question, in order to add the
words," the Speeches of Members be limited in duration to
one hour; but that the introducers of Original Motions, and
Ministers of the Crown speaking in reply, be :exempted from
this rule," instead thereof .—Question, " That the words
proposed to be left out stand part of the Question." put, and
negatived :—Words added : Main Question, as amended, put.
Tne House divided :

MINORITY-AYES, 62.
Adair, R. Shafto Frewen, C. H. Rawdon, Colonel
Alcock, Thomas Guest, Sir John St. George, Chris.
Bernal, Ralph Haggitt, F. It. Scrope, G. P.
Bouverie,:E. P. Harris, Richard Sidney, Alderman
Bright, John Hastie, Alexander Smith, J. Benjamin
Brotherton, Joseph Hastie, Archibald Stanley, E.
Brown, W. i Ileathcoat, John Stanstield, W. R. C.
Busfeild,William Henry, Alexander Stuart, Lord D.
_ _.

_ .
Cayley, Edward S. Heyworth, Lawrence Sullivan, Michael
Childers, J. W. Hope, A. Tennent, R. J.
Clay, James Humphery, Ald. Thompson, Colonel
Cobden, Richard Kershaw, James Thornely, T.
Colebrooke, Sir T. Lacy, 11. C. .- Trelawny, J. S.
Copeland, Ald. Littleton, E. R. Tynte, Colonel
Crawford, W. S. Mackinnon, W.-A. Willoughby, Sir H.
Duke, Sir James 31eaglier, Thomas Wilson, Matthew
Duncan, George Mitchell, A. T. Wood, W. P.
Ellis, Joha Moffatt, George Wyld, James
Ewart, William Molesworth, Sir W.
Fagan, William Mowatt, Francis TELLEIS.
Foley, John H. 3lunta, G. F. Hume, J.
Fordyce, A. D. O'Connor, Feargus Gibson, T. M.

MAJORITY-NOES, 96.
Anstey, T. C. llerbert, Henry A. Pinney, W.
Armstrong, Sir A. Berries, J. C. Plowden, W. H.
Armstrong, R. B. Hobhouse, Sir J. Pugh, David
Bernie, 11. J. , Hobhouse, T. 13. Raphael, Alexander
Bankes, George Ilogg, Sir J. IT. Rich, Henry
Barrington, Lord Hood, Sir A. Russell, Lord J.
Bellew, R. M. Hornby John Sadleir, John
Bennet, Philip Ilorsman, E. Sanders, George
Macke'', S. W. Howard, Lord E. Sanders, Joseph
Blair, Stephen Inglis, Sir R. Sheil, R. L.
Buller, Sir J. Y. Jolliffe, Sir W. G. Sibthorp, Colonel
Bunbury, E. IL Labouchere, Henry Somerville, Sir W.
Chartaris, Francis Legh, G. C. Spooner, R.
Clerk Sir G. Lincoln, Earl of Stafford, A.
Cobbold, J. C. Lockhart, A. E. Strickland, Sir G.
Cowper, W. F. M`Gregor, John Sutton, 11. M.
Craig, W. G. Maitland, Thomas Tancred, 11. W.
Drummond, Henry Mandeville, Viscount Tenison, E. K.
Dunne, Francis I', Masterman, John Thompson, Alderman
Ebrington, Lord Matheson, Alex. Tyrrell, Sir J.
Elliot, John E. Maule, Fox 1 Urquhart, David
Ferguson, Sir R. Miles, William Vane, Lord IL
Moyer, John Morgan, 0. Vyse, R. 11. it. 11.
French, F. Morison, Sir W. Walsh, Sir J.
Goulburn, Henry Newdegate, C. N. Watkins, Colonel
Grace, 0. D. J. Norreye, Lord Wilson, James
Graham, Sir James O'firien,Sir Lucius Wodehouse, E.
Granby, Marquis of Ossulton, Lord, Wood, Sir Charles
Granger, T. C. Pakington, Sir J. Wrightson, W. IL
Grey, Sir George Palmerston, Via. Young, Sir John
Grey, Ralph W. Parker, John TELLEI.II.
Hawes, B. Fatten, J. W. Tufliell, H.
Heald, James Peel, Sir Robert Bill, Lord Mum'

PARLIAMENTARY BUSINESS.
From the Votes and Proceedings of the House of Commons.,

MONDAY, FEB. 5.

The following petitions for Railways were presented, and
the Bills ordered to be brought in :
Manchester Sheffield, and Lincolnshire (Consolidation and
Amendment Of Acts).

Reading, Guildford, and Reigate (Branch to London and
South-Western Railway).
East Anglian (Ely and Huntingdon Railway, Extension
of Time).
York and North Midland (Deviation and Abandonment of
Part of the authorised Lines of Railway between Market
Weighton and Beverley, and Copmanthorpe and Tadcaster).
Great Indian Peninsula Railway Company.:
East Indian Railway Company (for making one or mere
Railways in the East Indies).
t
South-Eastern (Removal of Restriction against
asopening
Hast-
ings Tunbridge Wells and Hastings, and Ashford and
0_
ir.gs Lines, Grand of compulsory Powers for Purchase
Lands and Steam-boats).
Cockermouth and Workington (Branch to Ittdegbeafvooent,
Amendment of Act, and Power to lease to w
Junction Railway Company).
and Edinburgh and
Edinburgh and Glasgow Railway,
Glasgow Union Canal (Amalgamation, or Sale or Lease of
the Union Canal to the Railway Company).._ in _goes-
Stockton and Darlington (Alteration of Line
cliffe and Stockton-on-Tees).
Shrewsbury and Birmingham Acts Amendment, Branches,
and Deviations.
Edinburgh and Northern (A—Dunfermline Branch Devi-
ationn Dunfermline Parish, and so as to pass under Town-
hill an id
Halbeath Tramways; Branches in connexion with
those Tramways; Repeal of Agreement with Lessees of
Halbeath Colliery; Increase of Capital and Amendment of
Acts.)
Edinburgh and Northern (B—Deviation of Dunfermline
Branch in Dunfermline Pariah, and Alterations, CO that the
same may pass over the Halbeath Tramway; Branches in
connexion with Halbeath and Townhill Tramways, Increase
of Capital and Amendment of Acts).
Edinburgh and Northern (C—Dunfermline Branch' Al-
terations in Dunfermline Parish ; Level Crossing of Halbeath
Tramway; Repeal of Agreement with Lessees of Ilalbeath
Colliery; Townhill and Ilalbeath Branches; Increase of
Capital and Amendment of Acts).
Edinburgh and Northern (Formation of Slip Quay and
ether her Works at Grantors; Ext f 'Fa ‘T,' Q rqtAtiql At

burgh, Regulation of Perth Stations, and Amendment of
Acts).
The undernamed Railway Bills were read a first, and
ordered to be read a second time :
Lancashire and Yorkshire (Extension of Ashton Branch,
of Clifton Branch, &c.)
ANewcastle and Carlisle (Alterations of and Branch from
lston Branch). -7
Windsor (Extension of the Windsor, Staines and South-
Western—Richmond to Windsor—with Power to the London
and South-Western Railway Company to subscribe).
Lancaster and Carlisle (from the Lancaster and Carlisle at
Lancaster to the Preston and Wyre, &c.)
North-Western (Extension of Lancashire Branch, Aban-
donment of William Lands Branch, New Road to Settle
Station, Extension of Time for Purchase of Lands and Con-
struction of Works).
Lancaster and Preston Junction (Junction with the East
Lancashire Railway in Preston, and Amendment of Acts).
Lancaster and Preston Junction Acts Amendment (Power
to alter Tolls and for appointment of Officers).
Birkenhead, Lancashire, and Cheshire Junction (Aban-
donment of part of Line, Extension to London and North-
Western, &c.)

CT
CO NTROVERTED ELEIONS.
The following is the list of Members who have claimed to
be excused from serving on Election Committees, as being
upwards of sixty years of age :
Sir Thomas Dyke Acland, Hon. Hugh Arbuthnott, Robert
Baynes Armstrong, Esq., Edward George Barnard, Esq.,
John Benbow, Esq., John Benett, Esq., Richard Blakemore,
Esq., Admiral Bowles, Joseph Brotherton, Esq., William Brown, Esq., Lewis William Buck, Esq., Sir Charles Merril( Burrell, William Busfield, Esq., Henry Combe Compton,
Esq., William Sharman Crawford, Esq., Right Hon. Charles
Tennyson D'Lvncourt, Quiutin Dick, Esq., Henry Drum.
mond, Esq , Henry Home Drummond Eeq., Right Hon.
Edward Ellice, William Johnson Fox, Esq., Augustus Eliott
Fuller, Esq., Admiral Gordon, Wiliam Ormsby Gore, Esq.,
Right Hon. Henry Goulburn, Richard Harris, Esq., John
Heathcoat, Esq., Right Hon. Charles J. Herries, ThornaelLaw
Hodge, Esq., Sir John Hope, Thomas Houldsworth, Esq.,
Joseph Hume, Esq., Sir Robert Harry Inglis, Sir Edward
Kerrison, Sir Charles Kuightley, Sir Charles Lemon, Right
Hon. Sir Thomas Franklin Lewis, James Loch, Esq., major
Macnamara, Lord Charles Somerset Manners, John Master.
man, Esq., Thomas Philip Maunsell, Esq., William Ord, Esq,,
James Pattison, Esq., Right Hon. Sir Robert Peel, Edward
William Wynne Pendarves, Esq., Colonel Powell, Nicholas
Maher Power, Esq., Sir Richard Price, Richard Prime, Esq.,
Richard Richards, Esq., George Richard Robinson, Esq., Sir
George Henry Smyth, Richard Spooner, Eeq , Sir George
Thomas Staunton, Sir George Strickland,; William Henry
Tancred, Esq, Thomas:Thornely, Esq., John Ennis Vivian,
Esq., Harry Spencer Waddington, Esq., Richard Walker,
Esq., Edmond Wodehouse, Esq., and the Right Hon. Charles
Watkin Williams Wynn.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Feb. 5.
(Sittings at Nisi Prins, at Westminster, before Lord
Chief Justice DENMAN and Common Juries.)
LAWRENCE V. PFIEL.
This was an action to recover damages for assault and
false imprisonment, committed under the following cir-
cumstances:—

Plaintiff,
- a smith, carrying on business in Hart-
street, Covent-garden, was in the habit of dealing with
the defendant, of the firm of Messrs. Pfiel, ironmongers,
in Holborn. Plaintiff, accompanied by his boy, went on
the occasion in question to defendant's premises, for the
purpose of purchasing some bar iron, and was then
charged, on the testimony of a person named William
Rennie, with stealing a rod of iron, with which it was
alleged he left the premises. Rennie gave information
to a fellow-workman, who pursued the plaintiff, and ul-
timately caused him and his boy to be taken into CUE.
tody, and detained for the night on the charge at the
station-house. They were placed the next morning be-
fore the presiding magistrate at Bow-street, and were
by him discharged, neither the defendant nor his wit-
nesses appearing to support the charge. Plaintiff brought
his action for the injuries of which he thus complained.
Defendant pleaded not guilty, and a justification; the
latter plea on the ground that plaintiff had been detected
on a previous occasion by the witness Rennie, in the act
of stealing a new hammer, the property:of the defendant,
which he concealed under his apron. It appeared that
when plaintiff and his boy were taken into custody they
had not the rod of iron, which they were charged with
stealing, in their possession.
Witnesses were examined on the one side and the
other. Plaintiff and his boy (Sims) called witnesses, and
denied the charges made against them. The witness
Rennie, on behalf of the defendant, gave testimony in
support of the charges.
Lord DENMAN summed up, and put the case to the
jury, who, unable to agree in the box, retired, and, after
a short absence, returned a verdict for the plaintiff—
Damages 50/.
The boy Sims did tilt bring any action.
Mr. Montague Chamber:4 Q.C., appeared for the
plaintiff; Mr. Sergeant Shee for the defendant.

COURT OF EXCHEQUER, Feb. 5.
(Sittings in Banco.)

HARDCASTLE V. HANSON.
This case was an action by a commercial traveller
against a merchant in London, to recover the amount of
his commission. The cause was tried at last Ipsw:eh
assizes, when the question turned on the construction of
the agreement between the parties—as to orders, when
paid for, plaintiff was to have a commission of
cne per cent. on heavy goods, and 21 per cent.
on general goods. Plaintiff, by his particular
of demand, also claimed t'lo like per-centagea
on moneys due previously to his engagement, but
which were collected by him, and defendant bad
paid more than sufficient to cover the whole of these
per-centages, but plaintiff also claimed 301. and upwards
as commission at 21 per cent. on moneys due by cus-
tomers previously to plaintiff's management, and which
had been remitted to defendant by the customers them-
selves. This claim the defendant resisted, on the grounds
that it was not within the terms of the agreement,
and that it would have been especially hard upon
him, he having already paid commission to the traveller
who had obtained the orders. This sum of 30/. was the
real contest. At the trial the parties agreed that the
Judge ( Alr. Justice Mauls) should decide on the con-
struction of the agreement, each party. being at liberty
to move the Court and review his decision. The Judge
decided in defendant's favour, that the 301. claim could
not be supported, but that as to moneys previously
duo, but collected by plaintiff, he was entitled to a
commission of 21 per cent. on the whole, whether the
moneys were owing for heavy goods or general goods.
On this the defendant claimed to be entitled to a verdict,
as the plai❑tiff in his own particular of demand had
claimed on some of these moneys 1 per cent. only;
and the plaintiff asked leave to amend his particulars.
Both these views the Judge refused to entertain, and a
verdict was entered for plaintiff, subject to a reference as
to amounts; the amount of the verdict would have been
under 30s. Mr. O'Malley having obtained a rule nisi to
enters verdict for defendant, or a nonsuit, Mr. Sergeant
Byles(with whom was Mr. Palmer) now showed :cause,
insisti❑g that Mr. Justice Maule's ruling was correct,
and that the plaintiff ought not to be prejudiced by his
particular of demand, as defendant could not I.e misled
by it; but

The COURT held that the plaintiff must be bound by
his particular, adding that it would have been unjust to
have allowed plaintiff to amend at the trial without
also allowing defendant to pay money into court
correspondingly, Mr. Baron Parke, at the same time,
expressing his decided opinion that, on the true con-
struction of the agreement, irrespective of plaintiff's par-
ticular, defendant was entitled to, have his rule made
absolute.
_ _

Rule fora nonsuit made absolute.
R will be seen that in adopting Mr. Justice Mantes
ruling, plaintiff abandoned all claim to the 301.—the real
contest; nor was it even mentioned by plaintiff', counsel
to the Court.

COURT CIRCULAR.
WINDSOR, MONDAY.
The Queen and Prince Albert took their accustomed
early morning walk.
The Royal Family walked and rode in the pleasure•
grounds of the Castle.

Mr. Mayer, of Liverpool, had the honour of submitting
to her Majesty and his Royal Highness Princess Albert
the silver cradle made for the Mayor of Liverpool, and
presented to him by his fellow-townsmen, to commemo-
rate the birth of a child during his mayoralty.
Prince Albert went out shooting this morning, at•
tended by Colonel Wylde.
Her Majesty attended by the Viscountess Jocelyn.
Lady in waiting, took a drive this forenoon into the Groat
Park. Lord Alfred Paget, Equerry in waiting, anion&
ing on horseback.
Mr. and the Hon. Mrs. G. E. Anson had the honour
of dining with her Majesty this evening. • the
The Queen's private band was in attendance
Castle after dinner.

Sir Richard A. O'Donel had an interview with Lord
John Russell yesterday, at hie official residence in
Downing-street.
Mr. Alcoek, M.P , had an interview with the Right
Hon. H. Labouchere.yesterday, at the office of the Board
of Trade.
Mr. Pressly had an interview yesterday with the
Chancellor of the Exchequer, at hie official residence in
Downing-street.
Dispatches were received yesterday at the Colonial.
office, from the Governors of the North American Co-
lonies, and also from the Governors of the Mauritius
and Gibraltar.

PANAMA.—The PeawciGficranSa tdeaa, mf r Navigation,om
Callao
ri
aredemvm.
hPearneY:sbsteamshipi New
addition to her usual passengers
and cargo, the mails in continuation with the company's
steamer New Granada, which left Valparaiso Nov. 30,
from the undermentioned ports, in Chile, Bolivia, Peru,
Ecuador, and New Granada, of the respective dates as
undernoted :—Chile—Valparaiso, Nov. 30; Coquimbo,
Dec. 1; Iluasco, 2d; Cossiasso, 2d. Bolivia—Colys,
Dec. 4. Peru—lquique, Dec. 5; Arica, 6th; Islay, 7th;
Pisco, 9th; Callao, 13th.—John Williams, Commander.
Note of men-of-war and packets at the different porta
from Valparaiso to Panama :—At Valparaiso—Her
British Majesty's ships Asia, Constance, and Gorgon;
French, Pouiovant, Brillante, Genie. At Callao—Her
British Majesty's ship Naiad; French, Sarcelle, Genie.
Panama—Her British Majesty's schooner Cockatrice.
THE GERMAN SOCIETY' OF BENEVOLENCE AND
CONCORD.—The Germans in London, like the Jews, are
a self-supporting community. As far as their meant
allow, they aid in maintaining their own poor; and,
what is still better, in providing them with employment,
which is the best means of averting poverty. Last
night the annual dinner of the society by which much
of this is effected was held at the Freemasons' Hall. It
was very well attended, the proceedings being enlivened
by some excellent singing. It appears that the society
relieved 302 persons in the year 1848; and lookingafter_ o
over the balance-sheet of the society, it is as well to a
ass_s_y.
that, as the applications for relief are incre
Tne asingyeeninlgts
ance from the benevolent is desirable. e
euterttkiumots couchicied with I ball.

\~ ~

NONYReady at all the Lihrittiee;hl 3 vole.,

U "6- I L E I 3 E` MON T.
.4,, •

`• it is generally understood that the aathor of this work is a well-
known Member of the House of COMlnons, and, judging from internal
evidence, we should say that he has Seen a'qreat deal of the varied
life he pourtrays. The hero is the son of an eminent statesman, who
is engaged in an infinity of adventures in England, Italy, Ike. We
end ourselves in London, Venice, and Florence, in succession, min-
gling with the leading notabilities of all sorts, wits, beauties, dandies,
statesmen, orators, lawyers, &c. Our company being onewhile the
gravest of the grave, and then again the gayest of the gay, with no
lack of passion or sentiment."—Examiner.
Henry Colburn, Publisher, 13, Great Marlborough.street.

Now ready, in 2 vols. post Eivo.,
F lELD S•P 0
RTS.
UNITED STATES AND BILITNIM PROVINCES OF AMERICA.
By HENRY WILLIAM HERBERT, Esq.
Author of " The Raman Traitor," " Oliver Cromwell,"
" Marmaduke Wyvii."
" This work is racy and original, always clear and characteristic,
with the freshne,s of the scenery in which Ids art and its subjects
live."—Spectator.
" The work of a complete sportsman, accomplished in every branch
of his science."—Britannia.
" These volumes contain a deep mine of sporting information, and
the subject is so handled as to make it interesting fo the general
reader."—Sunday Times.
Richard Bentley, New Burlington-street.
(Publisher in Ordinary to her Majesty )

RO BERT HOUDIN. - ST. JAMES'S
THEATRE.
M. ROBERT HOUDIN will have the honour to repeat his extra-
ordinary SOIRENS FANTASTIQUES, at this Theatre as follows:
THIS EVENING, Tuesday, February 6.
To-Morrow Morning, Wednesday 7.
Thursday Evening, .. 8.
Saturday Evening, .. • • „ 10.
Evening Performance at Half-past Eight; Day Performance at
Half-past Two.
Boxes, 4s. ; Pit, 2s. ; Amphitheatre, Is. 6d.
Boxes, Stalls, and TLAtets for this extraordinary Entertainment
may be secured at Mitchell's Royal Library, 33, Old Bond-street ;
and at the Box-office of the Theatre, which is open daily from Eleven
till Five o'clock.

ki Rh: ROYAL, BLAYMARKE
Mr. B. Webster, Sole Lessee and Manager. Old Brompton.
The public is respectfully informed that this Theatre has, during
the recess, undergone very extensive repairs and alterations and the
whole re-decorated.

THIS EVENING,
Will be performed TIIE STRANGER. The Stranger, Mr. C
Kean ; Mrs. Haller, Mrs. C. Kean.

After which, TWICE KILLED.
To conclude with an Arabian Nights' Entertainment; entitled
C.ILYARALZAMAN AND BADOURA. ; or, The Peri who Loved
the Frince. Characters by Messrs. Bland, Keeley, Mrs. Keeley, Miss
Horton, and Miss Reynolds.

THEATRE ROYAL, ADELPHI.
Tilde,. the direction of Madame Celeste

During the Recess this Theatre has been entirely re-decorated, the
original designs by Digby Wyatt, Est , executed by Mr. Sang. A
new Stage, Curtain, Act Drop,- and Chandelier. An approved sys-
tem of Ventilation, &c., &C. The Private Boxes enlarged, Backs
added to the Seats, and Stalls rendered more conitOrtable.

THIS EVENLNG
Will be performed a new Drama, founded on Mr_. Dickens's Christ-
mas Book, entitled TIIE HAUNTED MAN. Mr. Redlaw, Mr.
Hughes : the Phantom, Mr. 0. Smith ; A. Tetterby and Cs , Mr.
Wright ; the Boy, Miss E. Chaplin ; _hilly, Miss Woolgar ; Mrs. Tet-
terby, Mrs. F. Matthews.

TO be followed by S WEETHEARTS AND WIVES.
To conclude with THE ENCHANTED ISLE. .Alonzo.,.Mr. Pau]
Bedford ; Prospero, Mr. 0. Smith ; Ariel, Anse E. Chaplin.

ROYAL LYCEUM THEATRE.
Under the Management of Madame Vestals.
Sole Lessee. Mr. Charles Maihe ws.
THIS EVENIN(,.

Will be performed a new and original petite Comedy, entitled
WHO SPEAKS FIRST?
After which, a new Fairy Extravaganza, entitled THE KING OF
THE PEACOCKS. Characters by Messrs. Harley, John Reeve,
Selby, 11. Hall, Marshall, and 11. Marshall ; Miss Kathleen Fitzwil-
'lam, Miss L. Howard, Mrs. Macnamara, Miss Marshall, Miss L.
Marshall, Miss Coleman, and Madame Vestris.
To conclude with AN APPEAL TO TIII PUBLIC.
Dress Cs.; Upper Boxes, 4s. ; Pit, 2s. ; Gallery, Is. No
half-price Wtty part of the house.
The New Box-office, No. 2, Wellington. street, is open to the
public every day, from Ten till Six.

PRINCESS'S THEATe.E.
Mr. J. M. Maddox. Sole Lessee and Manager.

During the Recess this Theatre has been re-decorated and embel-
lished in a superb and costly manner ty Mr I lurwitz. A new Chan-
delier has been fitted, and the best arran_l( ments have been made for
the due Ventilation of the Theatre, and the couuort and convenience
of the audience.