The Sun.
London, England, 1849-11-14 00:00:00

LAW INTELLIGENCE •

BAIL COURT.-(TIIIS DAY.)
(Before Mr. Justice PATTESO2,I )
COMMON COUNCIL ELECTION AT EXETER.

Mr. MONTAGUE Sierra was instructed to move for a
rule calling upon Mr. William Davey to show cause why
an information in the nature of a quo warranto should
not issue, requiring him to show by what authority he
claims to be a town councillor for the city of Exeter.
Mr. Davey was declared to be elected a councillor for
the ward of St. Mary at the recent election for mayor.
The affidavit upon which he moved stated that at the
election there were two retiring councillors, and four
gentlemen offs-red themselves as candidates to fill up
the two vacancies, namely, Messrs. Cuthbert, Flood,
Davey, and Evans, and the result of the voting papers
showed that for Mr. Cuthbert there were 159 votes, for
Mr. Flood 147, for Mr. Davey, 147, and for Mr. Evans
168. The first was accordingly declared duly elected
in the usual way, but under the 35th section of the
Municipal Corporation Act the assessors were re-
quired to decide which of the two gentlemen
who had the same number of votes should be
the successful candidate, and they determined
upon retaining the name of Mr. Davey. No objection
arose upon the manner in which the assessors exercised
their functions, but there was one bad vote given for Mr.
Davey, and instead, therefore, of Mr. Davey's number
being equal to that of Mr. Flood, it was one less. It would
set m that James Crouch, a hair dresser, of South-street,
Exeter, delivered a voting paper in the name of William
Crouch, which appeared in the burgess list, and was re-
presented to be that of an elector hying in South-street.
Mr. Justice PATTESON suggested that the real person
might have voted under the assumed name put down in
the burgess list.
Mr. M. SMITH urged, however, that his name did not
at all answer that which was in the burgess roll.
Mr. Justice PATTEsoer—Still, it may be a mistake in
the burgess roll.
Mr. M. SMITH said the sth and 6th Vic., section 41,
provided that no misnomer or inaccurate description of
any person, body corporate, or place, should be held bad,
provided the description was such as to bo commonly
understood, and he apprehended the description in this
case, the Christian name being quite different, could not be
understood to mean that of William Crouch; but, even
admitting that it did, the elector ought to have voted in
his right name, as provided by the 33d section of the
Act; and, under these two circumstances, he contended
that Mr. Flood was entitled to the seat in the Council
Chamber.

Mr. Justice PATTESON—Has the point ever been
raised before?
Mr. M. SASTEC was not aware that it had.
Mr. Justice PATTESON—You may take a rule.
Rule nisi accordingly.

LEEDS, DEWSBITRY, AND MANCHESTER RAILWAY.

Mr. HODGES was instructed to move for a rule to
show cause why a mandamus should not issue directed
to the London and North-Western Railway, requiring
them to purchase the necessary land and complete the
Birstal Branch of the Leeds, Dewsbury, and Man-
chester Railway. The affidavit upon which he moved
disclosed that in the year 1845 an Act of Parliament
was obtained by a company for making and maintaining
the Leeds, Dewsbury, and Manchester Railway,
with branches, and, in the following year, they
obtained another Act authorising the present branch,
which provided that all the works should be completed
within five years from the date thereof. Under the pro-
vhions of these Acts, the compulsory powers of purchase
in which had already expired, the main line had been
constructed, and was now in operation; but the Birstal
branch, which was about three miles and a half in length,
was understood to have been abandoned. The works
and the powers of the Act having been transferred to
the London and North-Western Company by an Amal-
gamation Act, passed in 1847, the mandamus would
therefore have to be directed to them. This application
was-made upon the authority of the case of the "Queen
against the Eastern Counties Railway Company," reported
in the 10th Adolphus and Ellis, page 531, where the
Court distinctly laid it down that where a company, after
they had obtained an Act to make a particular line,
proposed to abandon ort of it, they could be compelled
to complete the whole by mandamus.
Mr. Justice P.vrTEsorr—Bat that, was a peculiar case;
there they had an Act of Parliament to make a line from
London to Norwich, but they chose to stop short at
Colchester, to the great injury and fraud of the parties
who had originally subscribed to it. Here, however, it
appears they have not constructed any part of the line.
HODGES said they had, inasmuch as they had
made the line from Leeds by Dewsbury to join the Man-
chester and Leeds Railway, and he apprehended this
branch must be taken as part of the whole scheme sane•
tioned by the Act, and that under the decision of the
authority he had stated they could be bound to execute
all the works specified in the Act.

Mr. Justice PaTTEsoN—But the application in that
case ultimately failed.
Mr. HODGES admitted that it did, but it was through
some defect in the writ, and not on the merits. The
principle was nevertheless clearly laid down as he had
stated it, and in the case of " Cowen v. Wilkin
son," as reported in the Law Times, the Master of
the Rolls had adopted the same rule, holding that the
Direct London and Portsmouth Railway could not make
only a part of their line without the sanction of another
Act of Parliament. Several. gentlemen who joined in
the affidavit in support of the application would be se-
riously injured by the non-execution of the line, more
especially one of them, a Mr. Appleyard, who, upon the
fraith.that the branch would be made, had spent a for-
tune in purchasing an estate near to ifirstal, and erected
mining works, at considerable expense, within 300 yards
of the line ; and his Lordship would, therefore, tee that,
if the line were not constructed, it would be productive
of great mischief in a district it was proposed to ac-
commodate.

Mr. Justice PATTESON said he would look over the
affidavits, and take time to consider the application.

EXCHEQUER.-(THIS DAY.)
(Sittings in Banco.)
The Court was occupied during the whole morning in
hearing the arguments in a question of goods in transitu,
raised upon a special case, but which involved no feature
of public interest warranting a detailed report.

COMMON PLEAS.—(THIS DAY.)
The Court took the special paper to-day, but no case
of any general interest was heard during the morning.

SECONDARIES.—(THIS DAY.)
NEW JURY.—To.day a new jury was called to servo
for the ensuing half-quarter. There were several ebjections
wade on the ground of parties being over age. Mr, Hudson

se.id, gentlemen would save themselves trouble by look-
ing at the list, end if Ciey wore excwpt, the Depury of
the Ward would strike, the it names. One p.iitleman
was excused on the ground that ha lupt a post-
office ; another of jected to serve on the ground
that ho was an alim. Mr. Hudson said it was
a valid excue here, but the namo would be
put in the list at the Central Criminal Court.
,alitre his services night be required. Mr. Hudson said
that serving on this jury for six weeks, for a few hours,
would exempt the jarors for three years from being
called on to serve at the Central Criminal, or either of
the superior Courts.
There was only one case, which was undefended.

MONEY awl aliVitatUizt L NEWS.
CITY, QUARTER TO THREE.

There was rather an excited market for Cotton at
Liverpool yesterday, and prices of all kinds were dearer.
The sales, including 4,200 on speculation, amounted to
8,000 bales, and comprised 6,500 American, 1,000 Per-
Dam and Maranham, 200 Surats at 41d. to 5d., and 200
Sea Islands at 11 id. to Is. 10d. per lb.—Railway Shares
were dull, and prices had a downward tendency.
The Corn Market to-day is at Monday's rates, and
the arrivals of Foreign aro small.
The continental ad vices received to day report favour-
ably of the French Bourse. At Amsterdam there was
no particular variation in the funds. The Dutch Two-
and-a-Half per Cents, were 531 to 7-16ths. The quota-
tion at Vienna on the 9th instant was 931 for the
Meta Hies.

The letters and papers by the American packet
have been delivered this morning. The ship-
ments of specie from New York from Jan. 1 to
the 27th ult. were 3,646,534 dollars, and the aggro-
gate shipments of the week to date, were half a
milli( nof dollars. The imports of goods for the week to
the 25th oh. amounted to 1,162,614 dollars, and the total
of foreign dry goods entered for home consumption was
375,646 dollars. The tolls from the New York canals
have fallen off this year, but those from railroads in-
creased. The Money-market was easy, but an impres-
sion existed that a good deal of the New York State
money would soon be pouring in from the west for re-
demption, and faster than the banks can provide for
it. Upon the subject of the Cotton crops, accord-
ing to our reading, the accounts are favourable,
but the Liverpool speculators are still going ahead.
That we may not be thought to write from mere bias,
we give an extract from the New York Circular of a
well-known broker, Mr. T. J. Stewart, who states—
" The bulk of the purchases of We last two days were
for Northern Continental ports and Havre.
" The continuation of two weeks more fine ripening
weather for the crop, which I have now to record, con-
firms me in my previous ideas on the subject of the
probable yield, from the peculiar position of the plant,
and only shows the futility of all early estimates of a
short crop founded on partial injuries at various points
of the growing season. What the amount of that yield
will be is, of courre, subject to great uncertainty, as
much must depend on the range of prices, and the
weather hereafter for picking out, and it would require
such a combination of circumstances to make it a large
one, that I feel warranted in saying a large crop—one
equal to the average of the two last—cannot be made.
It is my opinion, which I give with due diffidence, that
we have now had' ample growing season to make at least
2,1C0,000 bales. The range of the thermometer and the
absence from storms this next month must
determine the addition- to it up to the date of a
killing frost, in the heart of the cotton region ; and
after that date even we must be governed by the wea-
ther we may be favoured with for picking out up to the
let of January, which is considered to close the matter
up sufficiently to enable estimates to be made within a
range of 100,000 bales, although in*tances are numerous
where plantations hare been picked every season with
great succees, up to the period of preparing the ground
for the new crop, in February and March."
From Canada we learn that the arrivals of shipping
at Quebec, this year to the 27th ult., have exceeded
those to the like date of last year by 10,310 tons. In
the Montreal market superfine flour was at 20s.- to
20s. 6(1., and extra fine 20.. 6d. to 21s. 3d., chiefly
for shipment. Bank Exchange on London 11
to 12. Freights firm at 3s. to 3s. 6d. per
barrel for flour to Liverpool. Canada has lately
been doing a good trade with the United
States, and this year the balance is pretty near between
exports and imports across the frontier without the aid
of either annexation or separation.
There is no later Mexican news, and from Venezuela
we hear of a split among the Menages party, which pro-
mises again to disturb the country.
By this opportunity w e have accounts from
Jamaica. The New Tariff Bill had been passed
prior to the 20th ultimo, and included a clause
to tax all goods that had come in since the sth
ult. The ad valorem duty had been increased to 4 per
cent.; drawback free.
The settlement of the speculative account in the
English Stock Market engrosses chief attention, and the
Bulls having the means to fulfil their contracts, the
quotations have rallied, and Consols have been 93 to
for Transfer, and 931 g for Account. Exchequer-bills
have realised 465. to 495. premium, being rather higher.
Bank Stock is steady, at 198.
In the Foreign Market Spanish Five per Cent. Stock
is worth 16k, and Portuguese Four per Cent. 33.
Mexican Bonds have been 26*, and dull. Russian Bonds
aro 108 to 1081. Dutch Two-and-Half per Cents. have
been 531 to 53k.
Shares are rather flat.
As all places of public resort in the City will be
closed to-morrow, there will then be no article under
this head.

BRITISH FUNDS THIS DAY AT ONE O'CLOCK.
(From the Official List.)
Bank Stock 198

3 per Cent. Reduced Annuities
3 per Cent. Consols Anne
Nay( 34 per Cent. Anne 92 %
Long Annuities, Exp. Jan. sth, 1460 8
D 0.30 Years, Expire Octl 0, 1859
Do. 30 Years, Expire Jan. 5, 1860 8 11-16 8%
India Stock —
Do. Bonds, 10001 BO 83 p
Ditto under 1.0001
Consols for Account, Dec. 12 934%
Exchequer Bills. I%d. 241.
March. June.
1,000/.
Small
PRICE OF FOREIGN FUNDS AT ONE O'CLOCK.
Austrian Bonds, 5 per Cent.....
Chilian Bonds, 6 per Cent ...... .., .. 95
Equador Bonds 3%
Mexican Bonds, 1846, 5 per Cent., Coupons
Ditto Ex Jan. Coupons
Ditto Account
Portuguese Bonds, 5 per Cent —
Ditto 4 per Cent.
Russian Bonds, 1822, 5 per Cent lOB% 103
Spanish Bonds, 5 per Cent,1840
Dividends on the above payable in London.
Dutch 2% per Cent., 12 Guild
BIS INESS DONE IN RAILWAY SHARES AL ONE O'CLOCK
RAILWAYS. PAID. PER SHARE.
Aberthen SO
Ditto, Preference 6LA ...... x.i. to
A rnhcr., Notting., Boston, &c 6 341 .... . to
Ayrshire and Galloway
F(.lfast and County Down .. 28 .. ..
3erks and Hants Extension
(Gt. West. Perpet. 5 per ct.) 6
~.irminghan3 & Oxford Junct.,
calls duly pd, or with guar. 20 . —
Do., without a guarantee... 20 ...
Birrninghain,Alrol.,& Dudley,
calls duly pd, or with guar. 10 .....
Do., without a guarantee... 10
Binning., Wol., & Stour Val. 131.14 s —
I 3 tkenbead, Lancashire, and
Cheshire Junction..
Boston, Stanit., & Binning... 7/. 4s — ...... to
Bristol and Exeter
Do., Thirds
Buckinghamshire..- 17% — .. to
'aledonian
Ditto, New 101. Preference 10 ...... 7 Vy4l/2 to
Ditto, Clydesdale Junction 50 -
jhester and Holyhead 5O ....
Ditto, Preference
'larence. • 78%
~.. _ _.

Do., Ist Class, 6 per Cent... 10
Do., 2d Class, 5 per Cent... 10
10., Coy. Loan, 4 per Cent. 10
Direct London St. Portsmouth 514 —
Dublin and Belfast Junction.. 40

Dundalk and Enniskillen ... 27%
7.ast Anglia, 251. L. & E.,
aid L. & D .
Ditto, 181., E. &II lB ... ..
Do, 31. n5.,6 p. Ct. Pref. 3% —
Eastern Counties ....
Do. New Guarant. 6 per Ct. 10

Do. Exten., 5 pQret.No. 1, rd. 13s. 4d .. A, p..to
Do., d 0....... N 0.2,6/. 13s. 4d...
Do., Northern & Eastern... 50
Do., 5 per cont.
Ditto, New ..... ...

'astern Union, Class A (late
E. U. Shares) ...... 25 ••.••• to .
Ditto, ditto, Class A, ditto 31% ,

Ditto, do, Class B (I. &B) 25 ...... to

Ditto, do, Class C, ditto... 25
Ditto Scrip (gua. 6 per ct.) 20
••••. to
East Lancashire ... •
Ditto, New
...... to
Do., New Quarters -
Do., 6 per Cent. Preference
Quarter Shakes 6=,q ..., ,
East Lincolnshire ... 25
Edinburgh and Glasgow ..... EA)
Ditto, Half Shares
Edinburgh and Northern ... 25
Ditto, New port l5 -
Exeter, Yeovil, & Dorchester 2% — -
Exeter and Exmouth.... 2ls.
`,3iasg., Dumfries, & Carlisle..B/. 64.8 d — .. ... to
,;laigow, Kilmarnock, & Ayr 50
Do. Preference Consolidated ...... ..
Great Northern
Do. % A Deferred ..... ... 12% 3
Do. % B G per Cent.

Do., 51per Cent. Pref.
'it. South. & Wet. (Ireland) 50
Great North of England 100 - — ..... to
Ditto, New 40/............. 4O
Ditto, ditto
Ditto, New 301. 3O ...
Ditto, New 151. ..... ... ...... 15 ...... .
'iretit Western
Ditto, Bait Shares 5O -
Ditto, Quarter Share;
Ditto, Fifths 2O
...... to
Do. New 171
flull and Selby 5O
••••• to .....
Ditto, Half Shares .. ...... 25
_.
Ditto, Quarter Shares . 121,4
Lancaster and Carlisle.... ....50
Do., Thirds
Lancashire and Yorktlire —lOO
Ditto, ditto, M. 11. :?..11 ... 98 ......
...... to
Ditto, ditto
Ditto Half Shares — 49 ...... --- ...... to
Ditto Qaarters 23 ...... ...... to
Ditto Fifths ..... ...•••• lO .... .
~.. to
Ditto, Thitels.••••• ...... ....• 16%..,,.. —, „,... to