The Sun.
London, England, 1847-05-26 00:00:00

MARKET NEWS.-(THIS DAY.

CORN EXCHANGE-WEDNESDAY
During the present week the arrivals of English Wheat
for our market have been to a fair extent. To-day the
show of samples of that grain was by no means large ;
yet, owing to the prevailing fine weather, the demand for
all descriptions was in a very sluggish state, and Mon-
day's reduced figures were with difficulty supported.
Upwards of 8,000 quarters of foreign Wheat have
come to hand since Saturday evening. As usual, large
parcels were pressing for sale, the trade was heavy, at a
deMine of fully is per quarter. The show of Barley was
moderate, while the trade was heavy, at barely late rates.
Exceedingly little business was passing in Malt, the
value of which grain had a downward tendency. Oats,
Beans, Peas, Indian Corn, and Flour, might have been
purchased on somewhat easier terms.

English —•—•
Irish.

Wheat.
2,940 qrs.

ARRIVALS.
IBarley.
1.110 qrs.

Oats I Flour.
320 qrs. 1 4,550 sks
610 I
UMW --

3,00
Malt. WO ars.
WHXTECHAPEZ.
A fair average supply of Meat was on sale here;
generally speaking, the demand was in a sluggish state,
at barely stationary prices. Beef, from 3s 6d to 4s 6d,
Mutton, 4a 4d to 5s 6d; Lamb, 6s to 6s 10d; Veal,
4s 6d to 5a 6d; and Pork, 4s 4d to 5s 4d per Blbs, by the
carcase.

Foreign .• • • • •

8,700

ROLLS' COURT.-(THIS DAY.)
The Court was occupied all the day with the argu-
ments in a part• heard cause, which did not possess a
particle of general interest.

VICE-CHANCERY.—(THIS DAY.)
(Before Vice-Chancellor Sir J. Wicasm.)
TENNANT V. TENNANT.

His HONOUR delivered jud!..ment in this case, which
was as follows:—The testator devised the rents of his
whole estate in Swansea to his wile for life, with a re:.i-
duary bequest to certain trustees, in order to accumulate
a fund for certain purposes, and the point at issue was,
whether the rents of the whole estate passed to the wife?
As the whole question turned upon the exact words of
the will, it is necessary to set them forth ; they were as
follows. The testator having first bequeathed the whole
of the rents of his estate to his wife for life, then pro-
ceeds to bequeath various sums to his relatives and
friends upon her death, and concludes with these
words:—" And as to the residue of my real and personal
estate, not otherwise disposed of by this my will, I give
the same to my said trustees, upon trust that they, and
the survivors of them, and the heirs, executors, and
administrators of such survivor, do and shall place out
the same at interest in some of the Parliamentary stocks
or funds of Great Britain, or in or upon real securities
in England, Scotland, or Wales, at interest, and do and
shall in the mean time, until the said residue shall
become payable, vary, alter, and transfer the same for
other stocks, funds, and securities, so as to cause the
same to accumulate in the nature of compound interest."
His Honour decided that the wife was entitled to hold
the rents of the whole estate for her life, and that they
passed by the will.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings in Banco, before Lord Chief Justice DENMAN.)

RUSSELL V. SMITH.

Mr. WATSON, Q.C., applied for a rule to set aside the
verdict in this case, which had been given for the plain-
tiff, with a penalty of 405., for an infringement of
the copyright of a song called the " Ship on Fire." The
Learned Counsel stated at some length, that the case
had been tried at Guildhall, and a verdict for the plain-
tiff given. de now moved to set aside that verdict, on
the ground that it had been given under an erro-
neous construction of the Act 3d and 4th William
IV. It was provided by that Act, that an in-
fringement of a musical copyright should be con
stituted by its being sung at any opera or play of drama-
tic entertainment. It had been given in evidence that
the song had been sung at a place called Crosby-hall, a
place of public resort, and that place had been considered
by the jury to be one of dramatic entertainment. lie
now contended that this ball neither came under the de-
scription of opera nor place of dramatic entertainment,
and that the song was not of that description which was
protected by the Copyright Act as an opera or musical
composition, as stated in the Act, as it was not set to
any particular musical air.
The LORD CHIEF JUSTICE—Then you are compelLcl
to argue that the important branch of musical composi-
sition, the Oratorio, is not protected by the Cops right
Act. The Court will consider of the application.

BAIL CURT.-(THIS DAY.)

(Sittings in Banco, before Mr. Justice VlTlonTrieN.)

TILE UNIVERSITY OF OXFORD v. TARLETON.

Mr. CoWLEY moved, on behalf of the defendant, for
a rule nisi, to amend a feigned issue, put forward by the
plaintiffs, in regard to all that it contained relating to
the village of Towcester. The question in these pro-
ceedings arose out of the Tithe Commutation Act. In
the vicarage was a parish called Handleigh, and the
University College of Oxford were landowners in that
parish, the tithes of which were in the course of com-
mutation. It was contended that the tithes to be
paid from Handleigh were only on corn, grain,
hay, lambs' wool, and wood, all other produce
being exempt. The difference of opinion which arose
with respect to the produce upon which tithe was to be
paid caused the matter to be referred to the Tithe Cum
missioner, who decided that the land was exempt from
the payment of all tithe, except upon corn, grain, hay,
lambs' wool, and wood, and that these tithes were pay-
able to the vicar only. Upon this decision an action had
been brought, and a feigned issue set forth, which he
sought leave to amend. The question at issue was not
whether the tithe was to be paid to the vicar
alone, but whether the land itself was stab •
ject to tithe at all. That was the only
question which could be raised, as the feigned issue with
regard to the payment to the rector only, left the real
case just as it was. Leave had been given in a case
called Edwards and Banbury, third vol. Queen's Bench
Reports, p. 885. He had before cited that case, and
Mr. Justice Coleridge had ordered all further proceed-
ings in the present case to bo stayed until the fourth day
in this term. He now moved for this leave, in order that
the case might be brought before the full Court.
Application granted.
REGINA V. THE JUSTICES OF MIDDLESEX.

The rule in this case, which was made absolute yes-
terday, was, on the application of the Court, recalled, in
order that the case might be brought on and argued be-
fore the full Court.
CLARKE O. WELLS.
Mr. WOOLLETT applied for a rule nisi for an attach-
ment against Mr. Wells, an attorney, and Wright, his
clerk, for disobedience to an order of Mr. Justice Erie,
to deliver up certain papers, which order had been made
a rule of court. The rule had been served personally
upon Wells and his clerk, and they had refused to de-
liver up the papers.
It appeared from the affidavits that much difficulty was
apprehended in the service of the attachment, as it. had
been found next to impossible to servo him with the rule
of court. The person who had served him had called
several times, and had only served him by meeting him
in the street, and pursuing him when he ran away. He
paid the costs ordered by the Master, but refused to obey
the rule.—Rule nisi granted.
Toe court afterwards sat at nisi prius, but no case of
any importance occurred.

' COMMON PLEA S.—(THIS DAY.)
(Before the LORD CHIEF JUSTICE in Banco.)
MARILEET V. LEIFCHILD.
Mr. JONES (with whom was Nlr. Peacock) appeared to
oppose a demurrer to the judgment in this case. 'The
plaintiff had buught an estate of the defendant, with an
undertaking that an abstract of title should be furnished,
but that the inquiry should not go further back than a
certain deed bearing date 1843. After paying the price
the plaintiff discovered that the title was bad. An
action was brought, and a verdict entered against
him ; but he sought reparation on the groun.; of
there having been a breach of the conditions of sale.
It was argued by Mr. Peacock that there had been an
abstract delivered according to the terms of the con-
ditions, and that if there had been a breach at all it
had not been properly alleged in the declaration, and
that therefore the plaintiff was not entitled to any relief.
In support of his view of the case he cited " Smart v.
Ilytte," where a horse had been sold with a warranty,
and this the plaintiff alleged had invalidated the bar-
gain. But on the trial it appeared that no notice
of unsoundness had been given, as was by law required,
before twelve o'clock of the day after that on which the
sale was effected. The allegation, therefore, was inad-
missable, as the plea amounted to non assumpsit, and
the rule ought to be refused. In answer to that it was
held, that the conditions of sale had created a collateral
contract, and the case of "Parker v. Palmer" was cited to
show that such was the fact. In that case the plaintiff
had agreed to sell a quantity of rice, which, according to
the rules of the East India Company, must be sold by
sample. The rice when produced, was unequal to the
sample, and the defendant on the trial pleaded non
ass umpsit.
The LORD CHIEF JUSTICE inquired whether that ap-
peared on the face of the contract, for he remembered a
case reported by Campbell, in which an action had been
brought on a contract to which there was a subsidiary
agreement. But that subsidiary agreement had not
appeared on the face of the declaration, and the plaintiff
was consequently nonsuited.
Mr. PEACOCK said that the applicant in this case had
required that to be done which the defendant had
never promised to do, and if the abstract was to be
considered at all it would constitute a question of law on
which the Judges alone would have to decide. If the
defendant had not delivered the deed of conveyance from
Mr. 43osanquet to Mr. Marfleet, which carried the estate
in 1843, he would have failed in that to fulfil his en-
gagements, but he had done so, and had therefore per-
formed ail that was required of him, and no rule nisi
ought to be granted.
The LORD CHIEF BARON said that he was of opinion
that there must be judgment for the plaintiff, as
the plea was a bad plea. The condition alleged in
the contract stated that the defendant had the power to
deliver a good freehold title. The plea denied this, and
stated that the defendant had only promised to give a
certain abstract, though not the abstract of good title,
but if this denial was to be effective at all it must be in
proper and direct terms, and not circuitous and argu-
mentative. The plea was therefore bad, for no cases
had been cited, or could be cited, against this general

rule of the Courts, and there ought, consequently, to be
juagment for ;.t,e
The other Learned Judges coinciding in this opinion,
the verdict was ordered to be registered accordingly.

COURT OF REVIEW.—(THISDAY
His Honour Vice-Chancellor Knight Bruce sat this
morning as Chief Judge in Bankruptcy, but nothing of
public interest was brought before the Court.

SECONDARIES.-(THIS DAY)
(Before Mr. Secondary POTTER.)
LOCKS V. CAUFER.—CURIOUS CASE OF ALLEGED FA-To

SIFICATION OF VOUCHERS.
The plaintiff in this action is a brickmaker and mer-
chant, and defendant a builder, &c., at New-cross,
Deptford. The action was brought to recover the WI
of ill. 55., the balance of an account for goods sold an
delivered.
The defendant paid 31. 12s. into Court, and pleaded
nil debit as to the remainder.
Mr. Sadgrove, solicitor for the plaintiff, called Thal'
son, a clerk to the plaintiff, who stated the account be-
tween the plaintiff and defendant, and that the belittle.
was due.
Mr. MILLER, who appeared as counsel for the defend-
ant, produced a book and cross-examined the witness as
to an entry in the defendant's book of a sum o'2ol. I?
received. The witness distinctly swore that he Olt
received 101. on the day in question ;thatalpnviihejad_e
signature appeared on the book, the figures
writing of the amount in full were not in his hand;
writing. He generally signed the books. The figure
had been altered from 10 to 20; the writing had
been
altered.
Mr. MILLER, for the defendant, concluded th thetaite
tion of ten to twenty had been occasioned by t-
ness pressing for a large sum on account. This he (the
Learned Counsel) would prove in evidence. There was
no alteration in the written part, and he begged to
the attention of the jury to the fact that sums of mon!,
were written at full length in cheques and on bi
to check the figures ; in this case the figures had bee!n
first put in as ten but altered to twenty, at which suralt
was filled up in writing.
A juror said that he thought with the witness that
the writing had been altered—that the figures had i'lus
evident.
Mr. MILLER said he could not see the case in 0.1
light ; the alteration of the 10 to 20 might be 0011, litre
tofo "twenty
r bu int h”ewithout writing
siutch visible wasiimblpeodff ssiibeireentcoe alteras W e ticl4re
detection ; where suspicion was raised by other
cumstances, if fraud had been contemplated a Che'-mical
the
process would have discharged the ink, and if for
‘• words" why not for the "figures ?" then, as the sij;;
nature was admitted, an end would have been put tool
claim. The fact was, the witness loved his glass'.„ye
slid make mistakes occasionally, and had made a "'-
calculation. with
The witness said he had never been charg'" ca
such neglect by his master, and there was no founded
for it except in the brief of the Learned Counsel.
Evidence was adduced to make out the defence, ou'of
failed, but showed that the "book-keeping"
Wit
very accurate on the side of the defendant, an
such mistakes were likely to happen.
The jury found for the plaintiff.
SURREY SESSIONS.—(THIS DAY).
(Before THomas PUCKLE, Esq., and a Bench
Magtes.
Henry Wilson, a youngistra fellow) well known to th,„:
police, was convicted of picking pockets at Epsom, an
Derby day, and sentenced to ten years' transportati
Jane Green, aged 30, was indicted for felonioufe
stealing at Kingston-on-Thames, two pieces of
silk, th
property of Messrs. Shrubsoles, linen- draper, of thattiuw:s
It appeared from the evidence, that on the evening
re..°`
the 21st inst. the prisoner entered the shop. "boa
quested to look at some silk. Several pieces were s ch,
her, but she made no purchase, but left the shop•
had not proceeded far before the two pieces of silk p' etc
missed from the counter. One of the prosecutors. re
mediately pursued the prisoner, and while he was seultue:s
her about the property, she dropped it on the Pave eere
from under her dress. The two pieces of silk were
produced, and identified by the prosecutor.
she did not
In her defence the prisoner said that
steal the silk, nor did she know how it came on
'-
pavement. f Gailth
The jury immediately returned a verdict 0
and the Chairman sentenced the prisoner to six tnontha
imprisonment.
MARLBRO'-STREET—(THIS DAY.)
David Griffigs, a private soldier, belonging to the 2d
battalion of the Coldstream Guards, was
bar charged with assaulting Mr. John Williams, No.
Westbourne-street, Hyde Park. placed at the
about six o'clock, he was proceeding through Halloo ,
The complainant stated that on the previous eveni:gr:
square, when his attention was called to the prisoi!
or_
who appeared to be quarrelling with a female. Att.±..
watching them a short time he saw him strike Inv
woman a violent blow in the face. Complainant rein°.
strated with the defendant upon his cowardly conduct:
when, without the least reply, he (defendant) tureen
round, struck him on the head, and kicked his kVs'
Complainant then called fora police-constable and gate
him in charge.
Mr_ William Taylor, 285, Regent-street, corroborated
the evidence of complainant.
The defendant, in answer to the charge, admitted
striking the female, and said she was his wife, and he
was only correcting her, when the gentleman came UP
and interfered with him. He denied assaulting the
complainant.
Mr. BINGHAM said he was surprised that a man 114
the defendant should so commit himself, and as he had
no doubt that he would be punished elsewhere, he (M
Bingham) should only inflict the moderate fine of Oh'
or seven days' imprisonment in the House of Correction'

CLERKENWELL.—(THIS DAY'
John Jackson, a carman, in the employ of Mr. Spesee''
carrier, 78, Guswell-street, was charged with robbing
his employer and the New Gas and Coke Conipsoir
under the following circumstances:—
It appeared that Mr. Spencer had contracted with the
Company for the performance of their carting work, ill
which the prisoner was employed, and yesterday
the latter went to the Company's works for the peirse
of taking out twenty four sacks of coke. In about tvid
hours afterwards Mr. Spencer saw his waggon and horses
standing in Golden lane without any person attending
to them, when his suspicion was excited, and he counted
only twenty-three sacks. Orders had been sent for the
removal of twenty-four by the company. The prisoner
soon afterwards came out of a court, when inquiries were
made, and as it was found that he had sold a bag 01
coke there, he was given into custody.
The prisoner was fully committed.

Ha ha:: igtertfworediitmy
_. PsESTRUCTIVE FIRE AT HUNGERFORD-HARICET---"
merchant,
---
This
hfiiremoring,
broke
out in the house of Mr. Milligan, corn se,
hay amrkinutes past foLraitaic
d.lisocco!
et. It was
vered by the watchmen in the market, who instantly
gave the alarm, and, having broken the door 0f
rthe
stable, succeeded in rescuing open
two valuable horses, the
otherwise would have b
element. Shortly
become a prey to the devouring
engines arrived, and afterwards the Chandos-street Brigade-
of the West of vere immediately followed by thosl
there being a England
plentiful supply and County Fire-offices; encla
men who were waitingsupply of water, and a number of
they were without for the market to open present'
which had already t delay set to work on the flames,
fears eady attained a fearful height. •Grest
were fora
safety of theconsiderable time entertained for the
ofthe as an. adjoining premises, occupied by Or:
of the firemen. ol!l manufactory; but by the exertion,
fined to Mr. Micl? ice;
and inhabitants, the fire was OR'
subdued until sevlegnano'cslo warehouse, and was not entirely
Theb warehouse and contents
are totally destroyed, nothing
left standing. It is supposed utitlatthe outer walls beta
the
from an overheated flue belonging toa ofiprepe r originate used for
boiling shell-fish by the salesmen in thceinarketThe'
amount of property destroyed cannot yet be aseertainea-
ROBBERY AND NARROW ESCAPE.—This day at'
1 noon, as Mr. Joseph Yardley, formerly a captain in th°
1 army. but now a city merchant, was proceeding downhis
Chiswellssireet, Finsbury, he felt a sudden tug at
coat pocket, and saw a man dart into the Paul's Bead
gin-shop, which is situate at the corner of Miltonestreet
and Chiswell-street. Without waiting to ascertain
whether he had been robbed or not, and remembering
that there was a side door, he rushed round ,the
corner into Milton-street, and was just in tine to
collar the thief who had opened the door for him, and
had got his silk handkerchief in bis possession. Mr'
Yardley on feeling his other coat pocket, however, fount'
that his pocket-book, which coLtained nearly 3001 which
he had just received, was safe. He had no doubt bee°
watched and followed by the thief, who had by tnistahe
picked the wrong pocket, and who, on being given int°
custody was recognised as the notorious swell-mob-pea
" Bill Keefe."
CELEBRATION OF HER MAJESTY'S BIRTHDAY.--
GRAND MILITARY SPECTACLE IN ST. JAMES'S FALAI'
—To-morrow (Thursday) being set apart for the wide"
bration of her Majesty's birthday, there will, should the
weather continue propitious, be a grand military Air
spection in the Tilt-yard, St. James's Park, agreeably 1.0
the official programme issued from the HOrse Guards.
last evening. The troops are to be on the ground at
halt-past nine o'clock. Officers attending are to appeaT
in full dress, and to wear gold sashes. The Queen 'r
nk and file exclusive
guard, comprising one hundred ra •
s's Palace at a quarter
of sentries, will mount at St. Jame
after one. The band will .attend. The troops, bane,
&c., having formed into line, will await the approach of
his Royal Highness Prince Albert, and h
odis Uraor
ire . the
Commander-in-Chief, who, it is understo, will ac-
companied by his Royal Highness the Grand Dul'se COO'
stantino of Russia and the distinguished perso °ages of
his suite. On entering they will be receiveti by the
military compliments Sue to their rank, after which the.
prty will ride rouud the line. The usual mownents
a
will then follow..
The Belgian Free-Trade Association has convoke
at Brussels, for the 16th of September next, a meetings
economists of all countries, to discuss their respective jterests and views on the broad principles of free trait.'
The committee of the Association had deputed to Pens
two of its members, Messrs. Corr-Vandermaeren, Jude
of the Tribunal of Commerce of Brussels, and Lehardl
de Beaulieu, a civil engineer, to invite the most eminent
advocates of free trade in Paris to attend the Belgian •
Congress. The invitation had been already cheerfullY
accepted by the Duke d'llarcourt, and M. Anisson D'a"
perron, Peer of France ; Messrs. Lamartime and lief' a
Faucher. and other deputies ; M. Michel Chevaliers " lii•
Wolowaki, &o.
BOXLEY, AYLESFORD, AND BURIIA3I.—Th4 hop 1 dine
in these parishes has grown amazingly durilig this pot
seb:ek ; so much so, that it is impossible to find sur,s event
women to tie them. They are at present perfectia frit/
from any kind of vermin, _ -