The Sun.
London, England, 1849-11-16 00:00:00

TUE

DIA RKET NEWS.-;"

COILN-EXCHANGE- -FRIDAY.

The quantity of Dogfish wheat received up to our
market this week coastwise has am °tinted to only 1,850
quarters, a large portion of which has gone direct into
the hands of the millers. Scarcely limy samples of either
red or white were on offer to-day, wad sulimited was the
amount of business transacted, that Monday's prices
were nominally unaltered. Only 2,290 quarters of
foreign wheat have come to hand sir ce Saturday. The
transacti,ns in this article were chiefly confined to im•
mediate wants; neverthe!ess, the im porters were firm,
and full currencies were obtained in every instance. We
were very moderately supplied with both English and
foreign barley. Grinding sorts sold freely; all other
kinds slowly, at last week's quotations. The sale for
malt was in a very inactive state, and, in some instances,
prices were the turn in favour of the buyers. The large
brewers still refrain from purchAsing. Good sound oats
sold steadily at fully late rates. Damp parcels were a
dull inquiry. Beans, peas, and Indian corn commanded
very little attention. The best flour was firm, and prices
were well supported.

ARRIVALS THIS W EEK.

Wheat.

Barley.

0 ats,

1 31alt.

Flour.

Qrs. Qrs.
1,850 2,110

Qrs. Qrs. Sacks.
2,070 1,170 2,770

English • • •• • •
Scotch• • • • • • • -
Irish •••• • • • •
Foreign .• • • • .

2,"270 I 2,970 I

6,750

szarrlicrx DIM.

As no stock was conveyed yet terday to London by the
various railway companies, toe . Ripply of Feasts on sale
here to-day was chiefly the rtfi of. Monday's market,
while its general quality was very inferior. The few
prime breeds offering command a ready sale, at very lull
prices, viz., from 3s 10d to 4s per 81bs.; and the value of
all other kinds of I.3tef was steadily supported, Twi:h a
good consumptive demand. With ;,ilieep we were scantily
supplied. The inquiry for that di scripiio❑ of stock was
somewhat brisk, owing to the lamurable change iu the
weather, and late rates were well supported in every in-
stance. Very few Calves were on show. The Veal
trade was firm at an advance in the quotations of 2d per
81bs. Melo was a better sale for Pig , at lully pre-
vious currencies. Much Cows wera dull at from 14/15s
to 1815 s each, including their small calf.

For 81i>2. to sink tho

8. d. to s.
Inferior Beasts— ... 2 8 2 10
Second quality •• 3 0 3 4
Prime large Oxe!i.. 3 6 3 8
Prime Scots • • • • • • 3 10 4 0
Large coarse Calves 3 4 3 6
Prime small ditto .. 3 8 4 0
Sucklire Calves —ls 0 28 0
Inferior Sheep • 1 0 3 2

s. tl. to s. d.
e:ton(1 Taal. Sheep 3 4 3 fl
Course-woolleddltto3 8 3 10
Southdown Wcther 310 4 C
Ditto out ol the wool 0 0 0 0
Large Ilogs .3 4 .3 8
Small Porkers 3 10 4 2
Quartar old rigs la 0 22 0
Lambs • ... • 4 0 0 0

Beaits.
944

TOTAL SUPPLY AT MARKET.
I Sheep. I Crave s. I }250
tr.v.
3,810 GO
FOREIGN 617PPLY.
I Sheep. I Calves. I Nits.
300 10 49
SCOTCU.
She9oep. I Calves. 1 Pigs

Beasts.
195

Beasts.

NEWGIITE ANN:) LEA7,IINRALL.
These markets were fairly supplied with each kind et
Meat, yet the general demand was firm, at very ful
prices.

At per stone by the Carcase.
s. d. to s. d. , e. d. o s. d.
Beef,tnterlor— —•• 2 4 2 6 ! Hutton, interior .. 2 8 210
.-- middling .... 2 8 210 ! middling.. 3 0 3 4
-- primelarge .. 3 0 3 2 1
--- prime small .. 3 4 3 6 1 Pork, lar go ........ 3 4 3 8
Ve5i.............. 3 4 310 5r.2111.... •—• 310 4 4

it IS DAY•) ! LAW INTELLI CENCI:

QUEEN'S BENCH.—(THIS DAY.)
(sittings in Banco.)
Mr. Justice Coleridge gave the judgment of the Court
in the followilz eases:—
THE DUKE OF BRUNSWICK V. HAMMER.
_ _

Mr. Justice COLERIDGE Said in this case, which was
tried before Lord Denman, Sir Frederick Thesiger bad
moved for a rule for a new trial on two grounds—first,
that the Learned Judge who tried the case misdirected
the jury; and secondly, because the damages were ex-
cessive. Sir Frederick Thesiger contended, in the first
place, that Lord Denman should have told the jury that
the plaintiff could not bring an action for is libel pub-
lished more than six years ago, as the rip,ht of doing so
was barred by the statute of limitations, and that
the publication relied upon was merely a repub-
lication to the plaintiff at his own instance.
It appeared that the newspaper in question (the Mealy
Dispatch of the 9th of August, 1830) was sold last year
to a person sent to purchaze it by the plaintiff, to whom
be atterwards carried it. It was contended that this was
virtually a sale to the plaintiff himself; and therefore not
sufficient to maintain a civil action. In some sense this
rerght be true, but the Court thought it was also a pub-
lication to the agent, for a person to whom a libellous
writing was delivered was just as capable of being
affected by it, though the agent of the person libelled in
it, as a stranger, and it was therefore a publication to
him. That this was a publication to the plaintiff was
no;, however, material to the question now under consi-
deration. Sir F. Thesiger said Lord Denman should have
cautioned the jury that they should measure the da-
mages by the injury which they considered to have re-
sulted from the single libel proved. Now this would
have separated the damages from the libels set forth in
the other counts. This was impossible, as the counts, ia
some sense, were incorporated the one with the other_
The Court saw no reason why the ordinary rule should
not hove been pursued in this case. No doubt the jury
were properly informed of the whole bearings of the
case, and having a fair opportunity of considering the
libel referred to, and the whole of the other matters
involved in the case, would draw their conclusions_
The Court, therefore, saw no reason why a rule should
be granted on the ground of misdirection. Lord Den-
man was satisfied with the damages. The Court could
nut grant a rule except upon the affidavits.
huh; granted accordingly.
MACNAMARA V. O'CONNOR.
In this case, which was an action by the plaintiff, an.
attorney, against Mr. O'Connor, M.P., to recover a sum
of money fur defending the Chartist prisoners, tried.
some time ago at the Old Bailey, the Court said Lord.
mnan was not prepared to say that the jury was
wrong in finding fur the plaintiff. The Court could not
grant a rule for a new trial upon the affidavits used in,
the case, and saw no reason to disturb the verdict.
Rule refused.

Rules were granted in the following cases:—Neale v.
Radcliffe alai another, Normweod v. Steer, Baker v.
Rust, Austin v. Speer, Smith v. Archibald, Cooper
v. Bloxow, Peticroft v. Russell, Compton v. Stephen,
Baylis v. Furniture.

Rules were refused in the following cases:—Channel
v. Harming, Westaway v. Frost, Whitley v. Woodhouse,
Doe on the demise of Lord Petre v. Pryme and others,
Williams v. Lord Bvresford, Wyre v. Hilron, Bayley u
Abraham, Strutt v. Whiteombe, Hurst v. Hurst.

COMMON PLEAS.-(THIS DAY.)
The Court took the demurrer paper to-day, but no
case of the slightest public interest was heard during the
morning.

BAIL COURT.—(THIS DAY.)
(Before Mr. Justice PATTESON.)
NEWMARKET RAILWAY.
Mr. IfewierNs applied on behalf of the Newmarket
and Chestertord Railway Company for a rule calling
upon the justices of the peace for the county of Cue-
bridge, and also the churchwardens and overseers of the
parish of Bellingham, in the same county, to show cause
why a mandamus should not issue requiring the justices
to hear an appeal against two several rates, one made in
July and the other in August this year. There
were sixteen grounds of appeal comprised in
the notice, but it was contended at the hearing
that the 11th was bad. The company, however,
were willing to forego that ground if the trustees would
go into the case on the merits; but it was argued on the
other side, that although the company had 15 good
grounds of appeal in their notice, yet having inserted a
bad one, the Court was nut at liberty to hear the rest, a
piece of the primest nonsense that could possibly be in-
dulged in before a court of law. The justice, neverthe-
less, viewed it in a different light, and, holding this
foolish objection to be founded in reason and law, they
dismissed the appeal altogether.
Mr. Justice PATTEsoN granted a rule to show cause.
Rule nisi accordingly.
COUNTY- COURTS.
Mr. Sergeant JONES was instructed to move for a rule
to show cause why a person named George Thomas,
who is at present a prisoner in Cardiff Gaol, under a
commitment of the County-court of Glamorgan, should
not be discharged under the circumstances disclosed
in the affidavits filed in support of the application. On
the 25th June last the Judge of the County Court of
Glamorgan, made an order upon the prisoner for the
payment of a debt by certain instalments, some of which
had not been paid, and on the 28th of August the County
Court issued what was called a judgment summons,
requiring the prisoner to show cause why, in de-
fault of payment according to the original
order, he should not be committed to prison.
There was a notice attached to the bottom of this sum-
mons intimating that if be did not appear he would be
committed to the common gaol of Swansea. Consider-
ing that the Judge had no power to issue such a sum-
mons, the prisoner paid no attention to it and on the
20th October an order of commitment was made against
hitt, by the Judge of the County Court to the Swansea
gaol for a period of 28 days. On the 26th October he
was arrested under that order, and taken in custody to
the common gaol of Swansea, where he ascertained from
the keeper that it had not been certified by the Secretary
of State as a proper prison for the reception of county
court debtors. An intimation to that eff!et was also
made to the clerk of the County Court ; and at
eleven o'clock the same evening, the prisoner
having been in custody since four o'clock, the clerk
appeared with a second warrant, committing the prisoner
to the gaol at Cardiff instead of Swansea. The prisoner
was then taken to a public-house in Swansea, and kept
there till the next morning, when he was taken to the
police-station, where ho remained till four o'clock in the
afternoon, and then he was removed to the public-house
for the night. On the succeding day, which was a
Sunday, be was carried to Cardiff gaol, and there he
now remained. Now the County Court Act, the fth
and 10th Victoria, it was true, provided that county
court prisoners should be committed for default, con-
tempt, or otherwise, to the c..mmon gaol of the district in
which the court was situated, but the 12th Victoria, chap.
101, sec. 1, repealed that section, and provided that such
prisoners should be committed to the debtor's prison of
the district, or to some other prison, which should be
certified as a proper place by the Secretary of State. It
was, clear, therefore, that the County Court Judge had
no power to issue the first summons, inasmuch as the
gaol at Swansea had not been certified, and it might turn
out that the prisoner was justified in disobeying the
or ftr to appear, on the ground that it contained a notice
which the Court had no power to put in force.
Mr. Justice PATTESON—But he has got to the right
place after al!, and there is no reason why I should dis-
turb him.
Mr. Sergeant JONES submitted to his Lordship that
the judge had no power to order the commitment at all.
Mr. Justice PATTESON—Then he must bring an acticn
for false imprisonment. It seems he is now in proper
custody, and it is not usual for the Court to interfere by
way of Habeas Corpus, except where a party is impro-
perly detained.
Mr. Sergeant JONES put this case to his Lordship.
Supposing, instead of under a bad order, he had been
taken under an informal ca-sa, and while he was in
custody the error was discovered; he apprehended the
original arrest was wrong, and the second detainer must
fall with it.
Mr. Justice PATTESON would go that length.
Mr. Sergeant JONES submitted to his Lordship, then,
that this was an analogous case. Besides, when the
judge bad issued the first warrant his jurisdiction was
entirely gone.
Mr. Justice PATTESON—Why did not the prisoner
appear to the original summons?
Mr. Sergeant JONES said because he felt that it was
informal. Probably, had the notice stated that his non-
ettcndance would render him liable to be committed to
the CardifTgaol, he would have appeared. It was of the
greatest importance to the public that there should be
strict regularity in the proceedings of county courts.
Mr. Justice PATTESON considered it of equal impor•
tauce that fraudulent debtors should not be allowed to
escape from the payment of their just debts.
Mr. Sergeant JONES urged upon his Lordship that if
this case were passed over a judge of a county court
might commit a man to a wrong gaol for a long period,
and then transfer him to the right prison for a further
length of time, as in this instance the prisoner had been
kept a prisoner for two days, and now he was under-
going a further imprisonment of twenty-eight days in
Cardiff
a PATTESON asked when the second warrant
r.as(t)il.
e
was dated ?
Mr. Sergeant JONES replied, that it was dated on the
same day us the first one, namely, the loth of October,
and ordered the keeper of the gaol to imprison the de-
fendant for twenty-eight days after the day on which he
obtained possession of his body. He doubted whether
the judge of the court was aware of these proceedings,
since the clerk only seemed to have moved in the matter.
county court judges were great men, but county
court clerks were far greater.
Mr. Justice PATTESON inquired what the amount of
the debt was.
Sir. Sergeant JONES said it was 121., the costs were
41., and now 21. ss. was charged for taking the prisoner
to Cardiff, a distance of forty-five miles.
Mr. Justice PATTESON-There appears to be Some
irregularity in the case. Let the prisoner, therefore, be
brought up on habeas corpus.-
Mr. Sergeant JONES would prefer taking a rule to
show cause to save expense.
Mr. Justice PATTESON said it was not usual to pro-
ceed in this way where the liberty of the subject was
concerned.
A writ was accordingly directed to be issued,addressed
to the gaoler of Cardiff:

POLICE CHANGES.—It is rumoured that Mr. Daniel
Whittle Harve,y, Commissioner of the City Police, is to
succeed Sir ClArles Rowan as Chief Commissioner of
the Metropolitan Police, Sir Uharles beteg about to
retire, from the delicate state of his health.
Do what you have to do just now, and leave it not
for to-morrow.--,Eliza Cook's Journal.