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

MAJORITY-NOES, 96.

- -
Anstey, T. C. ----
Herbert, Henry A. Pinney, W.
Armstrong, Sir A Herries, J. C. Plowden, W. H.
Armstrong, It. 8.. Hobhouse, Sir J. Pugh, David
Baillie, H. J. , Hobhouse, T. B. Raphael, Alexander
Bankes, George Hogg, Sir J. W. Rich, Henry
Barrington, Lord Hood, Sr A. Russell, Lord J.
Bellew, R. M.; Hornby John Sadleir, John
Bennet, Philip HOrSMall, E. Sandars, George
Blackall, S. W. Howard, Lord E. Sandars, Joseph
Blair, Stephen Inglis, Sr R. Shell, R. L.
Buller, Sir J. Y. Jolliffe, Sir NV. G. Sibthorp, Colonel
Banbury, E. H. Labouchere, Henry Somerville, Sir W.
Charter's, Francis Legh, G. C. Spooner, It.
Clerk Sir G. Lincoln, Earl of Stafford, A.
Cobbold, J. C. Lockhart, A. E. Strickland, Sir G.
Cowper, W. F. M'Gregor, John Sutton, H. M.
Craig, W. G. Maitland, Thomas Tancred, 11. W.
Drummond, Henry Mandeville, Viscount Tenison, E. K.
Dunne, Francis P. Masterman, John Thompson, Alderman
Ebrington, Lord Matheson, Alex. Tyrrell, Sir J.
Elliot, John E. Mamie, Fox . Urquhart, David
1 Ferguson, Sr R. Miles, William Vane, Lord. H.
Floyer, John Morgan, 0. Vyse, R. H. R. H.
French, F. Morison, Sr W. Walsh, Sr J.
Goulburn, Henry Newdegate, C. N. Watkins, Colonel
Grace, 0. D. J. Norreys, Lord Wilson, James
Graham, Sir James O'Brien, Sir Lucius Wodehouse, E.
Granby, Marquis of Ossulton, Lord. Wood, Sir Charles
Granger, T. C. Pakington, Sir J. Wrightson, W. B.
Grey, Sir George Palmerston, Via. Young, Sir John
Grey, Ralph W. Parker. John TELLTIB.
Hawes, B. Patten, J. W. Tufnell, H.
Heald, James Peel, Sir Robert Hill, Lord Marcus

burgh, Regulation of Perth Stations, and Amendraent
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.)
- Newcastle and Carlisle (Alterations of and Branch from
Alston Branch).
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 fur 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.)

CONTROVERTED ELECTIONS.
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 Merrik
Burrell, William Busfield, Esq., Henry Combo Compton,
Esq., William Sharman Crawford, Esq., Right Hon. Charles
Tennyson D'Evncourt, Quintin Dick, Esq., Henry Drum-
mond, Esq., Henry Home Drummond E: q., Right Hon.
Edward Ellice, William Johnson Fox, Esq., Augustus Ellett
Fuller, Esq., Admiral Gordon, William Ormsby Gore, Esq.,
Right Hon. Henry Goulburn, Richard Harris, Esq., John
Heathcoat, Esq., Right Hon. Charles J. Herries, Thoma4Law
Hodges, Esq., Sir John Hope, Thomas Houldsworth, sq.,
Joseph Hume, Esq., Sir Robert Harry Inglis, Sir Edward
Kerrison, Sir Charles Knightley, Sir Charles Lemon, Right
Hon. Sir Thomas Franklin Lewis, James Loch, Esq., Major
Macnamara, Lord Charles Somerset Manners, John Master-
man, Esq., Thomas Philip Dlaunsell, 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, Esq., Sir George
Thomas Staunton, Sir George Strickland,;William Henry
Tancred, Esq., Thomas:Thornely, Esq., Joh' Email 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 Prius, 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 cus-
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 501.

The boy Sims did not bring any action.
Mr. Montague Chambers, Q.C., appeared for th•
plaintiff; Mr. Sergeant Shee for the defendant.

COURT OF EXCHEQUER, Feb. 5.
(Sittings in Banco.)
HARDCA.STLE V. HANSON. _ _

1 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 Ipsvrish
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
one per cent. on heavy goods, and 2} per cent.
an general goods. Plaintiff, by his particular
of demand, also claimed tie like per-centages
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 24 per cent. on moneys due by cus-
tomers previously to plaintiff's management, and which
bad been remitted to defendant by the customers them-
selves. This claim the defendant resisted, on the grounds

hat it was not within the terms of the agreement,
and that it would. have been esp.,:cially hard upon
aim, he having already paid commission to the traveller
rho had obtained she orders. This sum of 30/. was tho

real contest. ^ At the trial the parties agreed that the
Judge (Mr. Justice Mauler) should decide on the con-
struction of the agreement, each party being et liberty
to move the Court and review his decision. The Judge
decided in eetendant's favour, that the 301. claim could
not be supported, but that as to moneys previously
due, but collected by plaintiff, he was entitled to a
commission of 2i 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 plaintiff 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
entera verdict for defendant, or a nonsuit, Mr. Sergeant
Byles (with whom was Mr. Palmer) now showed :came,
insisting 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 le 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 tree con-
struction of the agreement, irrespective of plaintiff's par-
ticular, defendant was entitled to, have his rule made
absolute.
Rule for a nonsuit made absolute.
It will be seen that in adopting Mr. Justice Maule's
ruling, plaintiff abandoned all claim to the 301.—the real
contest; nor was it even mentioned by plaintiff's counsel
to the Court.

COURT CIRCULAR.
WINDSOR, MONDAY.
The Queen and Prince Albert took their accustomed
early morning walk.
The Royal Family walked and rose 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 forenootrinto the Great
Park. Lord Alfred Paget, Equerry in waiting'
attend-
ing on horseback.
of Md
nagn h
with
itthe
her Hon.
MajestyM rs . Gt
h.
iE. s
evening. Anson had the honour
The Qu
deenioo'ospr.rivate band was in attendance in the
Castleafter

Colonial-
office, residence
hai
Sir Richard A. O'Donel had
John Russell yesterday, at his official residence in
Downing-street.
a n interview
e wi
ail th wtteh
Mr. Alcoek, bad an intervioe:
Hon. H. Labouchere yesterdah at the office of the Board
of Trade.
Mr. Pressly bad an interview yesterday with Right
Chancellorn
Dispatches
were
the
oE:cceheei:eude r ,yae:
yesterday
a y
Downing-street.
office, from the Governors of the North American Co.
loaies, and also from the Governors of the Mauritius
and Gibraltar.

PANAMA.—The Pacific Steam Navigation Com-
pany's steam-ship New Granada, from Callao, arrived
here, bringing, in 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; Huasco, 2d; Cossiasso, 2d. Bolivia—Colya,
Dec. 4. Peru—lquique, Dec. 5; Arica, 6th; Islay, 7th;
Pisco, 9th; Callao, 13tb.—John Williams, Commander.
Note of men-of-war and packets at the different ports
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.
Hichlisserat
THE GERMAN SOCIETY OF BENNYOLENCE AND
CONCORD.—The Germans in London, like the Jews, are
a sell-supporting community. As far as their ma"
allow, they aid in maintaining their own poor; ann,
employment,
which is still better, in providing them with
which is the best means of averting poverty Last
night the annual dinner of the society bynsivh,
of this is effected was held at the Freemasons' awing
was very well attended, the proceedings lea t
thee l
by some excellent singing.
relieved 302 persons in the
ifeasYre. litnclireasasiwnegll, assist-
ance si
sal
yearlt alPBP4e4ran. d after looking
over the balance-sheet of theresiocie
that, as the applications for
once from the benevolent is desirable, The "ening%
entertainments concluded with a WI.

Now Ready at all the Libraries, in 3 vols.,
B CILLE BELMONT.
A NOVEL.

" It is generally understood tliattlieanthor of this work is a well-
known Member of the House of C,lrtmon., anti, judging from internal
evidence, we should say that he has seen a great deal of the varied
life he pourtrays. The hero is the son of an eminent statesman, who
is engag4l in an infinity.of adventures in England, Italy, &c. We
find 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 Bvo.,
FIELD spORTS.
IN TUE
UNITED 'STATES AND BRITISH PROVINCES OF AMERICA.
By HENRY WILLIAM HERBERT, Esq.
Author of " The Russian Traitor," " Oliver Cromwell,"
" Marrnaduke Wyvil."
" This work is racy and original, always clear and characteristic,
with the freshness of the scenery in which his 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
She subject Is so handled as to make it interesting fo the general
reader."—Sarday Times.
Richant Bentley, New Burlington-street.
(Publisher in Ordinary to her Majesty.)

ROBERT HOUDIN.- ST. JAMES'S
THEATRE.
M. ROBERT HOUDIN- will have the honour to repeat his extra-
ordinary SOIREES 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, 45.; Pit, 25.; Amphitheatre, Is. 6d.
Boxes, Stalls, and Thkets for this extraordinary Entertainment
may be secured at Mitchell's Royal Library, :43, Old Bond-street ;
and at the Box-office of the Theatre, which is open daily from Eleven
till Five o'clock.

mt.; ROYAL, HAYMAItIiET.
Mr. B. Webster, Solo Lessee and Manager. Old Brompton.
Them:bile is respectfully informed that this Theatre has, during
the recess, pndergone very extensive repairs and alterations and the
who:ore-decorated.