The Sun.
London, England, 1849-03-08 00:00:00

ITALY•

The Genoa Gazette of the Ist publishes the fol-
lowing protests of the Grand Duke LEOPOLD :
" Tuscans!—l address you from this the furthest
frontier of Tuscany. It is the voice of the Prince whom
you have known for the space of twenty-five years, and
who has always sought your welfare with zeal and effu-
sion. Forced to leave my capital to defend the liberty
of my vote in an act fur which I should have been re-
sponsible before God and man, I cannot remain silent in
the midst of such a violation of the most sacred rights.
I, therefore, protest against the now Provisional Govern-
ment established at Florence on the Bth of February,
1849, and I hereby declare that I shall nut recognize the
legality of any act emanating from that Government.
Its origin is illegitimate, and its authority null and void.
I recall the soldiers to their oaths, the runctionaries to
their
.duties, the people to their allegiance towards their
constitutional Prince. I have confidence that my voice
will bring mistaken men back to their duty, and that it
will prove a consolation to every good Tuscan. Their
affection is my only consolation in the midst of the pain
I !feel on account of such great disorder, and so many
enormities.

" LEOPOLD.
Ni" Porto San Stefano, Feb. 12.
To Ting DIPLOMATIC BODY ACCREDITED IN TUSCANY.
" Since my declaration of the 11th of February, 1849,
addressed to the diplomatic body accredited in Tuscany"
—(this declaration has not come to light)—" I have had
the satisfaction of seeing myself surrounded by the re.
apectable persons composing this body. Their presence
bus given me consolation, both OR account of theix

friendly words and sentiments of cordiality which they
severally have expressed towards me, and on account of
the mani:est signification which their presence here
gives to the aspect of affairs in Tuscany. While I ad-
dress my sincerest thanks to the honourable members of
the diplomatic body, I am forced to announce to them
that my further stay in this last port of Tuscany has
now become impossible. It has been known here tor
some days past that an armed force threatened to come
to drive me hence. It is certain that the threat has
been carried into execution. The public papers have an-
nounced it, and a strong detachment of armed men under
the command of men who are not Tuscans, is on its way
to Grosseto. Still more, the salvos of artillery fired
at Orbetello, in the vicinity, announce the consummation
of the crime—the proclamation of the Republic. I must,
therefore, adopt a resolution, however bitter to my
heart; it is the only one I can adopt. I leave my well-
beloved country, but my heart remains. I pray God to
enlighten the minds of the ill-dispnsed and mistaken
men, and to console the honest minded, who are inure
numerous than will perhaps be believed. I invite the
diplomatic body to publish the irresistible motive which
forces me to leave Tuscany, and the sentiments with
which lam inspired in this supreme moment. I rely
upon Providence for the advent of better times.
‘• Porto San Stefano, Feb. 20." " LEOPOLD.
By a circular of the Minister of War of Tuscany,
of the 24th ult., to the commandants of the garrisons,
orders are given that the volunteers inscribed in the
lists lately opened be immediately sent to Florence to
be incorporated.

The Nove Febbrajo of Bologna, of the 24th ult., an-
nounces the departure from Modena of six companies
of Modenese troops and four of Austrians, with two
pieces of cannon, in the direction of Massa.

HOUSE OF LORDS.-(THIS DAY.)
The House sat to-day to hear appeals. The Peers
present were the Lord Chancellor, Lord Brougham, and
Lord Campbell.

BAKER V. TUCKER.
The further arguments in this part-heard appeal occu
pied their Lordships the whole morning.

ROLLS' COURT.--(THIS DAY.

His Lordship the Master of the Rolls was occupied
the whole morning with motions of no general interest.

VICE-CHANCERY—(THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND.)
The Court took mutiuns and causes to-day, but no
case calling for particular notice came before his Honour
during the day.
(Before Vice-Chancellor WIGRAM.)
DE VISME V. DE VISME.—IUDGMENT.
Vice-Chancellor Wtaitam gave judgment in this case
this morning. He said the petitioner was a purchaser
under a el( cree of the Court, and one of the conditions of
sale was, that if the c mipletion of the purchase was de-
layed by any cause whatever, the purchaser wes to pay
interest at 51. per cent. on the purchase-money, amount-
ing to 7,6471., until the completion of the purchase. By
the seventh condition of sale also, the vendor was to de-
liver his abstract of title on a given duy. The petitioner
complained that the completion of the purchase was de-
layed by the act of the vendor in not having duty deli-
vered an abstract of his title by the time recognised
under the seventh condition of sale; and he alleged that
he had sustained damages under the condition
of sale which required him to pay interest
at Si. per cent. until the completion of the
contract; and the petitioner accordingly prayed that it
might be referred to the master, to whom those can tes
stood re erred, to inquire and state whether the 7th
condition of sale of the estates, as to the delivery by the
vendor of an abstract of his title within the time therein
mentioned was or was not duly complied with by him;
and if the master should find that that condition was not
complied with then, that he me might state what
damages Mr. Benjamin Hook, the purchaser, had sus-
tained, or what compensation ho or the petitioners, or
his legal representatives, were entitled to either by way
of the reduction of the interest on the purchase money
or otherwise by reason of such condition not having
been duly performed by the vendor. lie (the Vice-
Chancellor) regretted to say that he had not
been able to find a way to grant the
relief prayed for by this petition. If the
petitioners were not now entitled to relief there might
have been some way by which the purchaser might, in
some earlier stage of the cause, either have obtained
such relief, or havo avoided the damage which he said
he had sustained. It could not be that the vendor, who
stipitlated for a high rate of interest in case of delay in
completing the contract, could not take advantage of his
own wrongful act, unless the terms of the contract were
so plain and so strong that there was no escaping from
them. This Court could not give the relief prayed for
unless a court of law would give it on an action for a
breach of the contract, after the contract had not
been completed. He (the Vice-Chancellor) appre-
hended the purchaser in such a case would be
told at law that ho ought to have complained
of such breach of the contract when it
occurred, and that having proceeded to complete the con-
tract, after notice of the breach, he could not afterwards
complain. By an order in the cause, bearing date on the
17th of July, 1847, set out in the petition, and made on
the motion of Benjamin Hook, the purchaser, who de-
clared by his counsel that he was content with the like,
it was directed that Benjamin Hook, on or before the
end of August, should pay into court a certain sum of
money, which he had done; and it was ordered that the
said Benjamin Hook should be let into possession of the
estate, and the receipt of the rents and profits, on pay-
ment of the purchase-money for certain lots, according
to the conditions of sale. It was under the reservation
contained in this order that the present ap-
plication was made ; and if the purchaser
might, if necessary, give up the purchase and reconvey
the estate, the question would arise whether, at the time
of making the order of the 17th of July, 1847, the pur-
chaser was in a condition which entitled him to ask for
the compensation which lie prayed; but if he insisted at
all events, in retaining ;he conveyance, he (the Vice-
Chancellor) would not hold him entitled to compensa-
tion, if, as he assumed, the completion of the purchase,
under ordinary circumstances, would deprive him of a
right; and, therefore, he (the Vice-Chancellor) could
not give the relief which was asked by this petition.
The petition must, therefore, be dismissed with costs.
(Before Vice-Chancellor KNIGHT BRUCE.)
MARSHALL V. BOYCE.
This was a part-heard cause, and came before the
Court for further directions.
The question had reference to the construction of a
bequest in a will. The testator gave a legacy of 1,0001.
stock to his executors, in trust to receive the dividends
arising therefrom, and invest the same dividends in the
purchase of more stock, until the children of William
Marshall, of Islington, should respectively attain the age
of twenty .one, and as and when each child should attain
that age, to sell out and pay to him an equal portion of
that stock, as also the aceumulated.stock. The question
was, whether the children of William Marshall, living at
the death of the testator, were the only ones to take, or
whether other children of his, born after the testator's
death, should be permitted to share in hia bounty.
Mr. PARKER submitted that those children living, at
the death of the testator, were the only persons who
could take on the death of the testator. He contended
that under the words of the bequest, there was a gift to
those children immediate on the death of the testator,
and that the only thing which remained to be done was
to allow the dividends to accumulate until each child
should attain 21, and then to divide them.
His HONOUR understood that the children living at
the date of the will, and at the date of the death, were
exactly the same persons.
Mr. PARKER said that was so ; the testator made
his will on the 18th, and died on the 21st of the same
month.
Mr. RUSSELL, for the defendants, submitted that
when a man spoke of ten children of a person, he meant
the children who were then living, unless there wassomething to show there was another intention. In this
case there was nothing to show that the testator meant
to depart from the natural meaning of the words.
His HONOUR said, had this case stood clear of autho-
rity, ho doubted very much whether he should have
thought it right to take the plaintiff's view of the case.
It did not by any means stand clear of authority. He
was of opinion that he ought not to contravene or re-
strain the cases of " Davidson v. Dallas" and " Saunders
v. Vulcy," cited in the cause, and that he should be con-
travening one or two, if not all of those cases, were he
to say every child was to take except the three born at
the date of the will, who were also the only three living
at the death; and ho must, consequently--not, perhaps,
without a slight degree of regret—decide in their
favour.

MIDDLESEX SESSIONS.
(THIS DAY.)
(Before Mr. Sergeant ADAMS, the Assistant-Judge.)
THE CASINOS.—It having been understood that the
informations laid by the common informer, Stowell,
against the lessees of the Casinos at the Adelaide Gal-
lery, Strand, and the %Valhalla, Leicester square, would
positively come on for hearing this (Thursday) morning,
the court at an early hour was crowded. The several
defendants appeared in propric! personcc.
Mr. Parry appeared for the 'Wormer; and Mr. Clark-
son and Mr. Ballantine for the defendants.
The Learned Counsel, atter consulting together, de-
termined on a further postpon(meat of the trial of the
indictments till Thursday, April 26.
The ASSISTANT-JUDGE most willingly acceded to the
arrangement of the counsel, and ordered an adjournment
of the case till April 26.

DINNER AT THE MANSION-HOUSE. Yesterday
evening the Lord Mayor entertained at dinner the Com-
mon Councilmen and about forty other gentlemen of the
ward of Farringdon Without.
ARCHITECTURAL EXHIRITION.—Yesterday a pri-
vate view was afforded of nearly two hundred architec-
tural designs, in the gallery (53, Pall-mall), of the New
Society of Painters in Water Colours. The subjects are,
as might be imagined,, of a strangely miscellaneous cha-
racter—ranging from the e,ilossal plan of a cathedral
down almost to a Pecksniffian pump. Several of the
drawings are marvellowly clever; but, to our mind, the
gem of the whole exhibition, indisputably and beyond
all question, is the view painted by Mr. Allom, of
" London from London-bridge to Blackfriars-bridge,"
according to a prorosed plan of improvement. Tile con-
ception is magnificent, and would, if adopted, render the
metropolis of England the most picturesque and magni-
ficent capital in Europe.
SOUTHAMPTON, WEDNESDAY MIDNIGHT. The
Peninsular and Oriental Steam Navigation Company's
ship Erin, Captain Russell, arrived at nine o'clock, P.M.,
from Constantinople, Malta, and Gibraltar. She brings
thirty -eight passengers and specie of the value of 130,0001.,
and a large cargo of silk, goats' hair, and sundries. Sir
Charles Napier's squadron was at Gibraltar on the 2d
instant. The Peninsular and Oriental Company's
steamer Montrose had arrived at Gibraltar from the
italism ports.

MUNE Y and CO MME RCI A L
CITY, QCl.4lli TO Ir1:11'
The Cotton SLaket at Liverpool was dull and I,lll,uid
yesterday. The sales were t,stimated at 3,500 balei,
to the trade. Prices of American compared with Friday'a
ratei, were P. per lb. lower.—Rsilway Shares were very
dull.

The Continental ativices received to-day are chi,fly
interesting as regards money inwers. At Paris the rise
in prices is again important, but no doubt the failure of
a large Bear speculator, who, although a Frenchman, is
well known in London, and has operated largely
in Consuls, is one cause of the sudden improvement.
The differences on the French account are said to bo
enormous, but here the party has hitherto paid his way,
although a great loser.
The last portion of the loan for completing the
drying of the Harlem Lake is about to be contracted in
Holland.

The Mexican Bondholders receive by nearly every
mail fair evidence of the disposition of the Government
to act up to its promises, and of the productiveness of
the Customs revenue, which, however, is not yet what
it may be expected to be. The committee in London
has received the following:—
(From Messrs. Manning and Mackintosh.)
" Mexic Jan. 13, 1849.
" Sir,—We had the pleasure of addressing you on the
13th ult., as per annexed duplicate, expecting the 'ar-
rival of Mr. Robertso❑ ; but up to the present time,
havicg no tidings of the steamer with the December
mails, we presume she has been again detained in qua-
rantine in the Havannah.

`• We have the satisfaction to inform you that on the
26th of December there were bills on the merchants, still
running for the bondholders' proportion of the duties,
amounting in Vera Cruz to 225,000 dolls., and in
Tampico to 60,000 dolls., and subsequent to that date
many vessels have arrived at both ports.
" The new tariff is again under di.cussion in Con-
gress, and will probably ho carried into effect.
" G. R. Robinson, Esq., Chairman of the
Committee of Spanish American Bondholders."
(From Messrs. Manning, Mackintosh, and Co.)
" Vera Cruz, Jan. 15, 1849.
" Gentlemen,—We inclose you a copy of our last re-
spects, which we confirm :

Dolls. c

"By our letter of the 15th ult. you will
ha►e seen the bondholders' proportion of
imports pending on the 30th November was 191,813 66
The duties for December amount to ... 48,060 00

Forming a total of ... ... 239,873 66
Of the 19,363 dolls. 53c. we remitted per Te-
viot, the proportion of import duties was... 14,323 18

So that the bondholders' proportion of im-
port duties to be remitted was, on the 31st
December last • • ••• ... 225,550 48
" Of this amount we have received about 30,000
dollars, which, with any further collections, will b,;
remitted by the first steamer.

" We remain, Sze.,
(Signed) " MANNING, MACKINTOSH, and Co,
" To the Chairman and Committee of

Mexican Bondholders."
(From Mr. W. P. Robertson.)
" Carepeachy, Jan. 19,1849.
`t Dcar Sir,—These few lines are merely to say that,
after a frightful shipwreck of the Forth steamer, on the
coral reefs of Alacranes, we arrived sately here yester-
day—not one life, providentially, having been lost. The
principal letters go by Captain Sturdee, late Comman-
der of the Forth, who sails to-morrow for llavannah.
"I most unfortunately lost all my papers, official dis-
patches included, in the wreck. Pray send me imme-
diately a duplicate set.—l am, dear Sir, &c.,
(Signed) 6" W. P. ROBERTSON.
" G. R. Robinson, Esq."
" The City Bank of ailontreal has called a general
meeting of stockholders, to take place on the 30th March
next at noon, in order to take into consideration, and
decide on the propriety either of assessing themselves, to
maks good the losses incurred, or of reducing the
value of the shares of the Bank ; and to, con
cult and decide on the expediency of effecting an
arrangement with some other banking institution, or
individuals, and generally to devise and adopt such other
course, in relation to the said Bank, as may, under the
circumstances, be deemed expedient."
There has been a very quiet market for the
Public Securities, but the quotations are better,
Consols having been 911- t, and since 91i I.
The great improvement in France is one cause of
the rally. Exchequer•bills have been 425. to
455., and India Bonds 535. to 565. premium. Bank
Stock is worth 193 to 194. The New Three• and-a-
Quarter per Cents. have been 92k -a to f. The state
of the account is still acting upon the market, and
some fluctuation may be expected, even independent of
political events.

I❑ the Foreign Market, the transactions have been of
no moment, but Mexican are buoyant on account of the
information received by the Committee of Spanish Ame-
rican Bondholders. Tne rates are 264 to 27k. Grenada
stock has been at 17i. Spanish Three per Cents. have been
steady at 294; French Five per Cents. at 84 50 ex
dividend, with the Exchange at 25 20; and Dutch Two-
and•a•HLlf per Cents. at 49i.
Railway Shares are flatter this morning, and both, as
respects the home and foreign lines, lower prices have
been submitted to.

ONE CLOSING
~, K:3 ~01, ,lIITISII I'ILIND3 O'CLOCK PRICLS.
Sank.- Stock. 193 19414 1944
i ~er Cent. Reduced Arms ...... 9114 % 91:4
3 per Cent. Consols Annuities 9l VI % 91%
StAT 34 per Cent. Anne-- . 92,43 92.:j4
i...ong Anna. to expire Jan. 1860
,ndia Bonds, 1,0001
Ditto under 1,0001... ...... .—.... 56 53 p
Consuls for Account 9l VA
•_ .chequer Bills. 21,9 i. & 2d.
1,0001. June ..... ..........
5001. June —
PRICES OF FOREIGN FUNDS

MTE
O'CL)CK.

53p
91.r;g

42 p
46 p

LO SIN
?Jun Es

3 ys
17,4
27%e

Israzilian Bonds _
Equador Bonds
Grenada Bonds, 1 per Cent.
'lexicon, 5 per Cent. 1846 571,i
Ditto. Account 2638 % 27
Peruvian Bonds, 6 per Cents 5l
Portuguese 5 per Cents. —
Ditto, 4 per Cent.
Spanish 5 per Cent. 1840.
Ditto, Account 171,4
Ditto 3 Der Cent 293%
Dividends on the above payable in London
French Rentes, 5 per Cent.
Exchange 2sf. at. 25f. 25c.
French, 3 per Cent
Exchange —25 f. 20c.
'mai 21% per Cent., 12 Guild 491/4 49%
PFICES OF PAID. BUSINESS DONE CLOSIN(,
~AILWA.Y SHARES. AT ONE O'CLOCK. PRICES.
berdeen
Do. Preference ...... 214 ...... , .. 23,4
tto,ton, Stamfd & Birm. 5 ... .. 4%
Caledonian 5O ..... 23K45,4 ex d .., 23% ex d
Ditto, Quarter Shares 1114...... 5x d 5 x d
Do. New 10/. Pref..... 10 ... .. 1114
Chester and Holyhead... 50
Ditto, Preference
Dublin and Belfast June. 35
',ast Anglia, 251., L. &
E. and L and D...... 25
Do~ 3/. 108.
Eastern Counties........ 20 ...... 10A %%
Do. New Guaranteed
6 per Cent. ...
Do. North. & Eastern 50

1714
29%

4 3 tie

Do. New
Eastern Union, Class A
(late E. U. Shares) 25
Edinburgh and Glasgow 50
Ditto, Half Shares ... 20 ..
Exeter,Yeovil, & Dorch. 2%
Great Northern
Great Western 100 ...... 97 x.d. ......••• 97x.d
Ditto, 1,4 Shares
Ditto, 14 Shares
Ditto, Fifths ... 20
Ditto, New 171. ..... 15 ... .. 12% x.d....
Hull and Selby .. ...... 50 ......10114 x.d. 10:14x.d
Ditto, Half Shares ... 25 ...... 504 x.d 50% x.d.
~ancaster and Carlisle... 50
Lancashire & Yorkshire 93
Do. Fifths... ........ ... 10
Do. Thirds
Leeds and Bradford
London & Blackwall...l3/.65. 8d.... 5%% x d 5% x.d.
.on lon, Brighton, and
South Coast 5O ..... 35% 35%
Ditto, New Si., guar.
6 per cent. .... ... 5
London and N. Western 100 ..,...137 xd. 136 %x.d
Goal &S. Western 5O ..... 38 38% x.d. —0.6% x.d.
Manzhester.Buxton,and
Matlock...
Manchester, Sheffield,
and Lincolnshire...100
Ditto, New 10/. Pref... 10
Midland ...... ........ —100... 82 82% 81% x.d....81% x.d.
Du., do., 501. Shares .. 25 ... .. 171,4 %............ 17%
Do. Birm., and Derbyloo
Newmarket
North British ... .... ... 25 ...... •••
Ditto, Quarters
Ditto Extension ...... 0% — ....
North Staffordshire 17% 14%%
Oxferd, Worcester, and
Wolverhampton ...... 50
Reading, Guildford, and
Reigate 12%..... 13V4 ..... ...... 13 44
Royston and Hitchin
Scottish Central
Shrewsbury and Bina... 10
So ~h Eastern
Do., No. 2.
Do., Registered No. 4 10 . ... 7%
Do., Scrip No 4
South Yorkshire, Don-
caster, and Goole
Waterford and Kilkenny 20 . ....
W Its, Somerset,& Wey-
mouth
York, Newcastle, and
Berwick. ... ..
o. Newcastle E 'dor 2O lB% 19 ex.div. 19 x.d
Do. G.N.E.Preterence 8 8 7% ...... ••••• 778
York ..n,4 North Midland 50 — ex.div.... x.d
Dit:e, Preference
FOREIGN RAILWAYS.
poulogne and Amiens... 20
Central of France (Or- .
leans and Vierzon) ... 18 - • ..
Demerara 171,4 —
Namur and Liege ...... 20 ... . 8 ....„ ...
Northern of France.... 13
Paris and Rouen ~.... 20
Rouen and Havre'
Tours and Nantes 9 ..... . 2 i/2......... ...

314
44
141,i

1274
81/
8
11%
2114
12 34
24

5%
10%