The Sun.
London, England, 1841-08-03 00:00:00

THE FIJEDB.

The English Stock opened flat this morning, with but
little business doing. Consols are 891 for Money, and
89 for Account ; Bank Stock, 169 170 ; India Stock,
247 8 ; Three per Cents. Reduced 89-i 90 •, Three-and-
a-Half Reduced, 981-, 99 ; Exchequer Bills, 14 16 pre-
mium ; and India Bonds 6 9.
Spanish Active Stock 194 Passive, 4 ; Defer-
red, 9, ; Portuguese Five per Cents. 29301, Ditto
Threes, 171 181.
PRICES OF SHARES THIS DAY AT ONE.

RAILWAYS. Paid. Per Shari..—
London and Brighton
London and Blackwall
London and Birmingham ... 90
• Ditto * Shares
JOINT STOCK BANKS.
London and Westminster . ... .. 20

MISCELLANEOUS.
General Steam Navigation

HALF-PAST ONE.

DEMERARA, JUNE 23.—The extensive failure of a
great produce, shipping, and bill-drawing house in this
town is generally felt. Many young men who have been
struggling upwards with persevering and praiseworthy
industry have thus received a blow they will suffer under
for some time ; others may not be able to bear up
against it. Indeed, it has produced a sensation tkat we
have seldom witnessed before in this colony.

Consols are still quoted at 89A- -a for Money, and 89i :41
for the Account. Exchequer bills, 14 16, and India
Bonds 6 8 premium ; Belgian Bonds, 1018 ; Colombian,
194 ; Mexican, 25i ; Spanish Active Stock, 194 ;
Dutch Two-and-a-Half per Cents., 51-1- 52, and the
Fives, 102*.
Nothing doing in the Share Market—London and

Brighton, are 424-4- ; Blaekwall, n-12- ; London and
mingham Fourth Shares, 23.

QUARTER TO THREE.

There is but little- news in the City at present, and
to-morrow be'rtz.,..the fourth of the month, when a large
mass of commercial paper falls due, some anxiety is na-
turally felt to ascertain how the payments will
be met. There have been fewer failures within
the last fortnight, and hence it is to be hoped most par-
ties will be enabled to honour their drafts, especially as
the discount market has not become materially tighter.
It must be acknowledged at the same time that a good
deal of trouble is experienced in obtaining accommoda-
tion upon what is denominated second-class paper.
Consols, money, 89a ; Acclunt, 89 aH ; Colom-
bian,,l94 20 ; Mexican 254 6 ; Spanish 19 20.

SECOND EDITION

EX PRESS FROM PARIS.

PARIS, MONDAY.—The Roniteur contains the follow-
ing telegraphic despatch :
" TOULON, JULY 31.—The column of General La-
moriciere re-entered Mostaganem on the 19th."
Several engagements had taken place to our advantage.
Mascara is occupied by 2,000 men, well provided with
everything till October.
The arrest in Paris of M. Linormand, the ex-Com-
missary of Police at Toulouse, was known in that city on
the 30th.

Lac Presse remarks that the recent treaty on the
Turkish Straits has restored France to the position she
occupied before the 15th July, with the exception of the
friendly feeling which prevailed between England and
France.

The Ministerial evening journal of yesterday contains
the following :—The news received to-day from Toulouse
announces that the most complete tranquillity has not
ceased to reign there. M. Maurice Duval has formed,
according to the terms of the municipal law, a new Pro-
visional Administration ; which has replaced that of
which M. Cerzee was the head. The Members of the
new Municipality have been installed in their functions,
and are now performing them, notwithstanding the oppo-
sition of those provided by M. Cerzee, and whom it was
found necessary to summon by a Commissary of Police
to obey the law.
A letter from Brussels,
,published in several papers,
states that the Customs' Union Treaty between France
and Belgium is warmly desired by King Leopold and his
Ministers, with the exception of General Busen.
The Augsburgh Gazette, in speaking of the aforesaid
treaty, acknowledges it to be a fine conception ; but adds
that the main fault is that it will considerably modify
that state of actuality which treaties have assigned to
Belgium. It also draws a distinction betwixt the new
German Customs' League and this projected treaty,
considering the former as a national institution, and the
latter as a violation of the European balance of power
under the specious pretext of commercial interests.
The Prussian State Gazette observes that this pro-
jected union will be far more difficult of execution than
' is generally surmised,-and hints that it would be more
beneficial for Belgium to unite with Germany than with
France.

The Castellano of the 26th says that the protest of
the Queen Christina was delivered to Espartero by the
French Envoy ; as was also a letter from Louis Philippe,
in which that monarch considers the vote of the Cortes
as an attack on crowned heads.
Our Madrid letters state that the new Guardian Ar-
guelles took the oaths on the 26th.
The weather in Paris continues fine.

THE FUNDS-(C
BRITISI

Bank Stock

3 per Cent Red 9O
3 per Cent Cons B9h
Nper Cent Red 99
w 31 per Cent 9Bh
New 5 per Cent
Long Annuities to expire
Jan. 1860 l2 15-16
Oct 1859

40SIN G PRICES.)
FUNDS.
India Stock ..248

Ditto Bonds 8 pm
Ditto Old Annuities
Ditto New Annuities —
Ex.. Bills, 1,0001.....2id 16 pm
Ditto 5001 l6 pm
Ditto Small l6 pm
Bank Stock for Acct —
India Stock for Opg

Jan. 1860. — !Consols for Acct —89 i
FOREIGN FUNDS.
Austrian, 5 per cent Portuguese, 5 per cent.
Belgian, 5 per cent — Ditto, New Ditto
Brazilian 80nd5.......... Prussian, 5 per cent.
Buenos Ayres, 6 per cent Russian, per cent —
Chilian 6 per cent...... Ditto, Metallic
Colombian, 6 per cent... Spanish, 5 per cent 197
Ditto, 1824 ... ..... 191 Ditto, Deferred . . 97
Danish, 3 per cent — French, 5 per cent. —f. —c.
Greek, 1825, 5 per cent — Exchange —f. —c.
Mexican, 5 per cent.... 234 French, 3 per cent 77f. 75c
Ditto, 6 per cent, 1825. Dutch, 24 per cent. ...
Peruvian, 1825, 6 per ct. Ditto, 5 per ,cent 1024
SHARES
Bristol and Exeter (60 paid) ... ...... ... .. 32
. ' Great Western Railway (65 p id) .• ..
Ditto Fifth (4 paid) 94
Ditto New Shares (50 paid 584
London and Brighton (50 paid)... 434
London and Blackwall Railway (25 paid) l4
London and Birmingham Railway (90 pd)
Ditto quarter Shares ( 5 paid)
Ditto Thirds (32 paid)
London and South Western
Manchester and Leeds (70 paid) ... ..
r,:, Ditto New Shares (30 paid)

THE MARKETS.-(THIS DAY.)
COLONIAL MARKET.
There was not much life in the Market, and a small amount
of busmen:.... Anne privately, prices were, however, firm, for
most articles. The put,TEA i;c
MARKET . rqrr .4 tittle moment.
There was an active demand, and prices were firm. Com-
pany's Cougou 2s. 7d. cash.
WHITECHAPEL HAYMARKET.
The supply was plentiful, but consisted chiefly of new, and
that of bad quality. The inferior sorts were scarcely saleable,
While the fine and middling met with ready buyers at our pre-
sent prices. Clover, 3/. to 61. ; Meadow Hay, 3!. 10s. to 51.;
New Hay, 21. 10s. to 41. ; Straw, 2/. 2s. to 21. 6s.
TALLOW MARKET.
Prices firm, and the demand steady. Yellow Candle on the
spot 48s. 3d. per cwt.

CHANCERY COURT.-(tH IS DAY.)

BOOTH V. CRESWICK-JUDGMENT.

The LORD CHANCELLOR gave Judgment to-day in
this case which came before the Court upon appeal. The
question in the case related to the foreclosure of a mort-
gage. The Court ordered the appeal to be dismissed
with costs.

THE DUKE OF BEAUFORT V. NEELD-AND NEELD V. THE

DUKE OF BEAUFORT.

The LORD CHANCELLOR also gave Judgment in these
two appeals from the deCilion of his Honour the Vice
Chancellor. In the first appeal the Duke of Beaufort
sought to set aside a contract entered into in June, 1839,
and also to restrain the Commissioners from making any
award founded on the or in any way affecting a piece of
Woodland called Dunley Gorse. In the second appeal, Mr.
Neeld sought to restrain the Duke of Beaufort from prose-
cuting an action of trespass and ejectment, which he had
brough t,and by which he asserted a title to the land in ques-
tion. • The proposition for exchanging Dunley Gorse for
other lands with Mr. Neeld, was the subject ofdommunica-
tion as early as December 1838, and in January 1839, Mr.
Taylor, the Commissioner, was informed that the Duke
of Beaufort would give up Dunley Gorse for other lands,
and ultimately:a:paper wasjpit to London for the Duke's
signature, by his agent; Mi. Wedge, by which the Duke
consented to the exchange with the approbation Of the
Commissioner. The signature of the Duke was obtained
by Messrs. Watkins and Hooper on the Ist of June, and
the paper was sent to the Commissioner. Mr. Neeld
having signed a similar consent, the Commissioner
alloted Dunley Gorse to Mr. Neeld in exchange for the
lands of his, which were allotted to the Duke.
Mr. Neeld took possession of the lands allotted
to him ; and according to the statement of Mr. Wedge,
he was privy to the exchanges and the lands allotted to
the Duke, and they were taken possession of by his
Grace's tenants. Mr. Wedge also stated that Mr. Neeld
had been ever since in possession, and, that he had made
many alterations in the land, and among others he had
planted it with the concurrenco, of Mr. Wedge, who' had
given •him leave to cut the.tinclerwood on Dunley Gorse
before it had been valued, to facilitate the carrying on of
his proposed improvements. In this state matters con-
tinued till January, 1840, when notice' was given that
the Duke disputed the right of Mr. Neeld to the land
allotted to him, notwithstanding it was : clear that
everything was settled with the entire concurrence
of Mr. Wedge, the Duke's agent. On the part
of the Duke, it was asserted that he prohibited
Mr. Wedge from consenting to give up Bunley
Gorse, for any other land except woodland. Mr.
Wedge stated that he communicated this to Mr. Taylor,
the Commissioner, but that gentleman positively denied
having received any such communication. There was no
doubt that the Duke supposed he had sufficiently ex-
pressed his intention to Mr.. Wedge, but it was impossi-
ble to explain, that gentleman's conduct by the supposi-
tion that he so understood the Duke's instructions, be-
cause if he did so understand them he had acted towards
his employer in direct violation of them, and to those
with whom. he was dealing his conduct was most unjusti-
fiable, if he Aupposed what he was consenting to on the
part of the Duke, might afterwards be set aside on
the ground of his want of authority. If such things.
were to be allowed--if parties after the interest of others
had been effected by their acts were allowed to
repudiate them, there would be no security
for the transactions of mankind, 'and the question then
would be, whether the party )vho- reposed such unde-
served confidence in his agent, the innocent party, •
with whom the agent had been acting under the autho-
rity so obtained, should suffer Nom the misconduct of
the agent. One who puts into the hands of another the
means of committing a fraud, though without any
evil intention himself, would in general 'find
himself • bound by the act done. Upon the
bill, filed by the Duke, the question was whether,
under the circumstances, he had shown any equity
for the interference of the Court against parties
who had acquired, or might acquire, rights under. the
Act of the Commissioners, so as to justify the Courts in
restraining future proceedings under that Act, so far as
it related to the exchange of old enclosures, and in Mr.
Neeld's suit the question was, whether the Duke ought
to be permitted by the proceedings at law to undo
what had taken place under the authority of his
own written instructions, and with the con-
sent and concurrence of his agent. His Lord-
ship was clearly of opinion the Duke had not
shown any case for the interposition of the Court,
and that he had no equity to interfere with the posses-
sion which had been given in exchange fbr other land.
On these grounds, therefore, his Lordship was of opinion
that the order of the Vice-Chancellor, restraining the
commissioners from proceeding, and the order also dis-
solving the common injunction obtained by Mr. Neeld
in his suit, must be discharged, with costs.

DUNCAN V. M'CALMONT-JUDGMENT.

The LORD CHANCgLLOR also gave judgment in this
case, ordering the injunction to issue upon security being
given•before the Master.
•