The Sun.
London, England, 1849-07-21 00:00:00

COURT CIRCULAR.

OSBORNE, FRIDAY.
The Queen and Prince, accompanied by their Royal Iligh-
nesses the Duke and Duchess of Neruours, walked, at an
early hour this morning, in Osborne Park.
Their Royal Highnesses the Prince of Wales and Princess
Royal, and the younger members of the Royal Family,
walked and rode this morning as usual.
Their Royal Highnesses the Duke and Duchess of Nemours
crossed from Gosport yesterday afternoon, in the Fairy yacht,
and reached Osborne about six o'clock, on a visit to her
Majesty and Prince Albert.

There was no other addition yesterday to the Royal dinner
party. - --- -

- Her Royal Highness the Duchess of Kent is expected in
Osborne this afternoon.

Their Royal Highnesses the Duchess of Cambridge and
the Hereditary Grand Duke and Grand Duchess of Mecklen-
burg Strel tz was present in the House of Lords yesterday
evening during the debate.
Deputations from the Midland and South Yorkshire Rail-
way Companies had an interview with the Commissioners of
Railways yesterday at their office in the Board of Trade.
The Midland Railway Company was represented by Sir Isaac
Morley and Mr. A. Peyton (directors), Mr. Barlow (engi-
neer), and Mr. Carter (solicitor). The South Yorkshire
Deputation consisted of Mr. E. Denison, M.P., R. Dymond,
M.D., Mr. W. G. Thompson, Mr. Bartholomew (engineer),
and Mr. Baxter (solicitor).
Mr. John Wood, Chairman of the Board of Inland Re-
venue, and Mr. Pressly, had an interview with the Chan-
cellor of the Exchequer yesterday, at his official residence in
Downing- street.

HER MAJESTY'S THEATRE.—Her Royal High-
ness the Duchess of Gloucester honoured the per-
formances with her presence on Thursday. Her Royal
Highness was attended by Lady Georgina Bathurst,
Lord Bloomfield, and Colonel and Mrs. Liddell, and oc-
cupied her Majesty's box. Their Royal Highnesses the
Duke and Duchess of Cambridge, accompanied by their
Royal Highnesses the Hereditary Grand Duke and
Grand Duchess of Mecklenburg Strelitz, and her Royal
Highness Princess Mary of Cambridge, also honoured
the theatre with their presence. Their Royal Highnesses
were attended by Lady Augusta Cadogan, the Baron
Knesebeck, and Mr. Edmund St. John Mildmay. The
Prince and Princess Metternich had the honour of SC-
comranying the Royal party. Her Majesty the Queen
Adelaido's box Was occupied by his Serene Highness
Prince Edward of Saxe Weimar, the Viscount
and Viscountess Barrington, the Misses Barrington,
the Viscount and Viscountess Lascelles, the Viscount
Dunkellin, Mr. Barrington and party. His Royal
Highness Prince George of Cambridge and his Royal
Highness Prince Leopold of Naples, attended by the
Chevalier Colonna, were also present. Amongst the
visitors present were the Duke and. Duchess of Cleve-
land and Lady Augusta Paulet, the Duke of Leeds, the
Marquis and Marchioness cf Ely, the Marquis and Mar-
chioness of Kildare, the Marquis of Clanricarde, the
Marchioness' of Downshire, the Marquis of Granby, the
Marquis of Donegal, his Excellency the Hanoverian
Minister, his Excellency the Swedish Minister, his Ex-
cellency the Belgian Minister and Madame Van
der Weyer, his Excellency the Portuguese Minister,
his Excellency the Austrian Minister and the Countess
Colloredo, his Excellency the Brazilian Minister and
Madame la Marquesa de Lisboa, the Chargé des Affaires
of France, his Excellency the Neapolitan Minister,
Excellency the Minister from the Argentine his
Republic,
M. de Berg, the Earl of Besboroug hstrhl and Countess
o a
Earl
eEarl of Car-
digan, the Earl of Shelburne, the .
Granville, the Countess of Wtai
Countess of Wilton and party,.
t
es
hathoereElFlE,
aatorndle
Earl
Countessf mti nad.
Bruce, the Countess of Ceerleviile,
Essex, the
star, the Earl of Falmouth, Countessthe of
Viscount Straneford, &C.

's THEATRE.—Mr. Mitchell closed his
short aft
ot French vaudevilles last night 'with Un
Monsieur et une Dane, Le Maria de la .D,galtnfe
i‘dieadealincrlue,u.s,
oacnile
aCs'aepierhall'ihseneexvceerlimenotrear(etliinshed by t:ie audierce
taßlnisednnajofrd:inaltdhel's the last night of their appearance. We bid
adieu to this pleasant entertainment, hoping for a renewal
next year.
EIRE AT RENNERLEIGIi. On Sunday evening last
the extensive farm.
occupation of Mrhouse and buildings, in the
Mr. Dawe, were
between
destroyed
by fire. It appeared that,
seven o'clock, a marine, named Warren, asixnaative
of Trowbridge Coombe, came to the farm house
and asked for some cider, and on the servant proceed-
ing to get some, he asked if he might light his pipe, and
on being told smoking was not allowed on the premises,
became very insolent and abusive. He was then told
he should nut have any cider at all. lie then loft the
house, and in tea minutes after the premises
were discovered to be on fire in a linhay, in the
south-east corner of the yard, so that the wind
blowing from that quarter spread the destructive
flames en every side, and in a short time the fire was
master of everything, house, barns, sheds, and linhays,
which in two or three hours presented nothing but a
shapeless mass of ruins. Warren was taken before Sir
H. P. F. Davie, but as there was no proof againat him,
was discharged from custody. Mr. Dawe is, we under-•
stand, insured, but not to the full extenetof his 1055..--,
Western Luminary. - lit i

LAW INTELLIGENCE.
VICE CHANCERY COURT, July 19.
(Before Sir J. L. BRUCE.)

IN THE MATTER OF THE BOROUGH OF ST. MARYLEBONE
JOINT-STOCK BANKING COMPANY, EX PARTE ALEX•
ANDER DAVIDSON.

This case was argued on the sth and Bth instant.
Mr. Bacon and Mr. Little appeared for the motion;
Mr. Lloyd and Mr. Hetherington for the official
manager.
From the affidavits and statements, so far as they were
uncontradicter3, the facts appear to be that Mr. Davidson,
in May, 1834, being the manager of the Commercial
Bank of England at Ludlow, received a visit from Mr.
Hannay; and at his suggestion, and as a favour to him,
Mr. Davidson allowed his name to be put oa the list of
shareholders for 100 shares, and Mr. Hannay gave him
a written memorandum, saying, " I hereby engage to
transfer to you, at par, 100 shares of the company held
by you, and to keep you out of cash advance, and pro-
tect you against all loss until a transfer." Mr. Davidson
thereupon executed the deed of settlement and received
scrip certificates for 100 shares. Thirty of those shares
were on the same day transferred by Mr. Hannay's
management to Mr. Terry, Mr. M'Evily, and Mr.
Lloyd, for 1801, and the whole of the transactions
were entered into the minute-book of the directors, as
one approved by them. Oa the 10th of March, 1841,
Mr. Hannay wrote to Mr. Davidson, speaking of the
shares being at a discount, and saying that when he
took them the directors undertook to relieve him of them
at par, and concluding by requesting him to send them
with the scrip certificates for 70 shares. Upon this Mr.
Davidson executed a deed of transfer, and those certi-
ficates were sent to Mr. Hannay, who, on the 15th of
May, wrote as follows :—" I am duly favoured with
your letter of the lith inst., enclosing transfer of your
70 shares to me as manager, for behoof of the bank,
with the scrip certificates thereof, ;the balance at your
debt in our books is thus extinguished." Mr. Davidson
was never returned to the Stamp-office as a shareholder,
and he swore, in his affidavit, that the whole transac-
tion was merely colourable ; that the Bank were the
actual proprietors of the shares, but he never paid any
calls, or received, or would have been entitled to receive,
any dividends in respect of them.
The VICE CHANCELLOR now gave judgment and said
—I have considered this case, and particularly the affi-
davit of Mr. Davidson. From the materials before the
Court, it appears to me a just inference that the transac-
tion of 1837, respecting the 100 shares, of which 70 are
in qaestion, was advised and carried into effect by the
parties to it for the purpose of accrediting the fallacious
representation that Mr. Davidson had taken, and was
the holder of these shares on his own account and at his
own risk, the object having been (such, at least, is judi-
cially my inference) to induce or encourage by means of
which this was a part, the taking of shares by persons
whom Mr. Hannay or the directors might think it advan-
tageous or useful to add to the company. If this were
so, a court of justice, at least, must regard the transac-
tion as unfair, and treat it as a case tainted with deceit.
Mr. Davidson's counsel argued that it had no other
meaning and no other effect than to constitute him
agent for the company, or the directors, for the dis-
posal of the shares. I cannot accede to the argument.
Had the nature and the intention of the transaction
been so, it would have been constructed and managed,
I think, in a different, plainer, and more simple
form. Counsel also contended that it had not
been proved that any person had, in fact,
been misled; but the intention, in my judgment, was to
deceive. It had not been proved, or alleged, that
strangers did not, as I think it reasonable to assume
that strangers did, become shareholders after this trans-
action. If they did so, it seems right to presume that
they became shareholders in the belief that it was truly
what it was ostensibly, nor do I hold that the case of
the shareholders who were so bona fide, and afterwards
continued so, is to be disregarded in considering this.
I❑ the circumstances, as I view them, the shareholders
generally desiring to hold Mr. Davidson to these seventy
shares, as the true proprietor for every purpose, as be-
tween him and them, I should certainly, if the arrange.
ments of 1841 had not taken place, have decided in con-
formity with the Master's conclusion. But do they vary
the case? In my opinion they do not. If the business
was a mere ceremony consequent upon the affair of 1837,
or rather, perhaps, a part or it, I cannot interfere with
the Master's decision. Although refusing the motion, I
have not held myself bound to do so with casts, espe-
cially as I am not satisfied that Mr. Davidson had well
considered the transaction before he consented to become
a party to it, or that he thought himself to be acting
with impropriety.

POLICE INTELLIGENCE.
WOOL WWII.

Yesterday Mr. Joseph Clayton, the well-known news-agent,
was summoned by Inspector Derrig, of the Shooter's-hill
sub .division of police, for furious driving.
Police-constable 161 R deposed that on the morning of
Thursday se'nnight, about a quarter-past six o'clock, he was
on duty at Shooter's-hill, when he saw the defendant driving
from London at the rate of 15 or 16 miles an hour. He
allowed the horse to go slowly up the hill, and then struck it
with the whip, when it started off again at a most furious
pace towards Welling, He had cautioned the defendant on
the previous Tuesday.
Mr. Clayton said the fact was that he was conducting an
express for the purpose of forwarding the morning papers
down to the Kentish districts. He positively denied having
struck the horse, as it would not bear the whip, and on one
occasion when he struck it it ran away with him. As to
being cautioned on the Tuesday he was in bed that morning.
He thought some allowance ought to be made for the fact
that this was an express for conveying the Times and other
newspapers to Chatham and Sheerness.
Mr. TaAILL said he was afraid he could not grant any in-
dulgence to the Times that did not belong to the public at
large.
Mr, Clayton said he was bound to catch a certain train at
the Gravesend and Rochester Railway, and he started from
London as soon as the papers were published.
Mr. TRAILL said he must either get the papers to publish
earlier, or get the train to wait, or have a road of his own.
It was a mistaken notion to suppose that any business,
however urgent, could be allowed to operate against the
general use of the roads by the public.
Mr. Clayton said the pace was the same as that of his
expresses on four different roads, and no objection had been
made by the police except in this single instance.
Mr. TRAILL remarked that the expresses must not go at
a pace to alarm the public. He apprehended that there was
as much objectimi to the pace, perhaps more, as to the rate
of speed. The danger was this—all horses knew instinctively
the pace of any other horse, and many endeavoured to imi-
tate it ; and persons got alarmed at the speed of their horses,
which was induced by the other horse. By and bye, how-
ever, this would happen to some person unskilled in driving,
and serious, perhaps fatal results, would follow. Then there
would be a coroner's inquest, and the newspapers, perhaps,
would take up the matter, and it would then become very
serious, not only to the person causing the accident, but to
the police for not noticing the practice, and to the magistrate
for not having punished the first offence.
Inspector Derrig, having been sworn, stated that the pre-
sent summons had been taken out in consequence of com-
plaints from a tradesman residing in the neighbourhood, who
said he was obliged to draw wp his cart to the side of the
road, to avoid being run over by the two expresses.
In reply to questions from Mr. TRAILL,
Mr. Clayton said he allowed the express two hours to per-
form the distance of 22 miles, from Blackfriars to the rail.
way station at Gravesend. The horses were allowed to walk
up two hills, and twelve miles an hour he did not consider
to be more than the law allowed, especially as it was a very
early hour in the morning, and few vehicles were moving on
the road.

Mr. Tann.r. repeated that the objection was not so much to
the speed as to the pace, the pace was as important as speed ;
there was less objection to a horse that trotted that speed,
and the defendant should endeavour to use horses that would
do so. _

Mr. Clayton having promised to comply with the direc-
tions of the magistrate,
Mr. TnAiLL said all he wished was that a better arrange-
ment should be come to, and he should, therefore, allow
the summons to stand open for a fortnight, on payment of
the costs.
Mr. Clayton complained of the conduct of the police-con-
stable in threatening to take him into custody, but
Mr. TRAILL considered he had a perfect right to do so.
The costs were then paid, and Mr. Clayton withdrew.

BREAKWATER AT GRANTON.—The magnificent
pier erected by the Duke of Buccleuch at Granton,
having been in some degree injured by the currents
lodging large masses of floating debris and mud around
it, it was resolved to build a breakwater on the west
side with a view to protect it. This labori-
ous work has been going on for upwards of
two years, and it now projects some distance
beyond the Grantee Pier, and will admirably serve the
purpose intended. Another o9ect, and one not gene-
rally known, to be gained by the breakwater is, to ex-
tend the work in a circular direction, so as to form a
harbour of refuge for vessels during a storm. At pre-
sent, when a tempest threatens, all vessels lying at the
mouth of the Frith have to take shelter in St. Margaret's
Hope, above Queensferry, so that a great convenience
will be gained when the Granton harbour is completed.
We understand it i., contemplated to have a similar
breakwater constructed on the east side of the pier, and
when this is done, Granton will have stronger claims
than ever to be considered " the port of Edinburgh"—an
honour which novv very justly belongs to Leith.--North
British Mail.
SOUTH YORKSHIRE RAILWAY.—The permanent
rails are laid from Swinton to Conisbro', and we are as-
sured that the line will certainly be ready for opening by
September, to accommodate the traffic of the race week.
A locomotive engine will be employed on the Rue at
Levitt Ilagg in a fortnight.—Skeffield Times.
THE ROYAL PAVILION AT BRIGHTON.—A Bill is
now before Parliament to empower the Government to
sell this palace, with its extensive appurtenances. This
celebrated place was erected by, and for many years was
the favourite residence of, his Royal Highness the Prince
of Wales, afterwards George IV. His immediate
successor, William IV., visited it several times during
his reign, and her present Majesty, on two or three occa -
sions in the early part of her succer itr to the throne,
became its occupant. Its glories are now
spassare
rmna
eel ao wu
ta
tyo,
and the palace, with its extensive mai
i
pass into other hands. On Tuesday last a
reereement was signed, by Mr. Leigh Penitertoni the
solicitor to the Woods and Forests, and Mr. Slight, thee
town-clerk of Brighton, by tha terms of which the Hon.
Commissioners of her Majesty's Woods, Forests, and
Land Revenue are to sell to the inhabitants of Brighton
the entire property for the sum of 53,000/. We under•
stand it is intended to throw open the extensive lawns of
the Palace to pti:lic use as promenades and pleasure
grounds a desideratum of long-standing in that
fashionable watering-place ; the larger rooms of the
Pavilion to be converted into concert, lecture, and assera•

bly rooms.
Ronaiinir or PLATE NEAR TRURO.—On Monday
tnorbirhitike Mayor of Exeter ri ceived a letter, apprising
him that on thc night of the 14th inst. the house of C.
Williams, Fiotr.;; gentleman residing at Tregollon, six
miles from Trd , Cornwall, had been broken into, and
the whole.ofibfililver plate stolen, of the value of from
6601. t0.71101.--.:Wrewman's Exeter Flying Post.
\,., ----,Disp4cheii,vi sent off yesterday evening from the Colo-
fir Governors of the North American colonies.

S u

FROM THE LONDON GAZETTE
OF FRIDAY.
WAR-OFFICE, JULY 20, 1849.
Ist Regiment of Dragoons—Lieut. Herbert Morgan
to be Captain, by purchase, vice Gough, who r, tires,
July 20; Cornet and Adjutant William Harrisson to
have the rank of Lieutenant, July 19; Cornet Michael
Stocks to be Lieutenant, by purchase, vice Morgan,
July 20.
3d Light Dragoons—Cornet Thomas Clement Belmore
St. George to be Lieutenant, by purchase, vice Roche,
promoted, July 20.
31st Regiment of Foot—Major George Staunton to
be Lieutenant-Colonel, by purchase, vice Spence, who
1 retires; Captain Thomas Conyngham Kelly to be Major,
by purchase, vice Staunton; Lieutenant John Stillman
Gould to be Captain, by purchase, vice Kelly; Ensign
George Walter Baldwin to be Lieutenant, by purchase,
vice Gould, July 20.
37th Foot—Ensign Charles Samuel Blois to be Lieu-
tenant, without purchase, vice Thomas, appointed Quar-
termaster of 87th Foot; Gentleman Cadet Robert Wil-
liam Webb, from the Royal Military College, to be
Ensign, vice Blois, July 20.
60th Foot—Captain John Jones to be Major, by pur-
chase, vice Robinson, who retires; Lieutenant Godfrey
Rhodes to be Captain, by purchase, vice Jones; Second-
Lieutenant Richard Harcourt Robinson to be First-Lieu-
tenant, by purchase, vice Rhodes, July 20.
UNATracnEn.—Lieutenant Edmund Roche, from the
3d Light Dragoons, to be Captain, by :purchase, July 20.
MEMORANDUM.—The Christian names of Second
Lieutenant Jervois, of the Ceylon Rifle Regiment, are
" Edwyn Stanhope,", and not " Edward Stanhope," as
previously stated.
Captain John Armstrong, upon half-pay 37th Foot,
has been permitted to retire from the army by the sale
of an unattached commission, he being about to become
a settler in Australia. _ _

Commission by the Lord-Lieutenant of Pembrokeshire.
Herbert George Jones, Esq., Sergeant-at-Law, to be
Deputy-Lieutenant, July 13.
Commission by the Lord-Lieutenant of Shropshire.
South Salopian Regiment of Yeomanry Cavalry—
Rowland Hunt, Gent., to be Cornet, vice Badger, pro-
moted.

OFFICE OF ORDNANCE, JULY, 18.
Corps of Royal Engineers—First Lieutenant Mervin
Vavasour to be Second Captain, vice Sorell, deceased;
Second Lieutenant Charles John Fowler to be First
Lieutenant, vice Vavasour, July 11.
WHITEHALL, JULY 11.
The Lord Chancellor has appointed Alfred Ricketts
Hudson, of Pershore, in the county of Worcester, Gent.,
to be a Master Extraordinary in the High Court of
Chancery.

WHITEHALL, JULY 14.
The Lord Chancellor has appointed Clement Stratton,
of Leicester, in the county of Leicester, Gent., to be a
Master Extraordinary in the High Court of Chancery.