The Sun.
London, England, 1840-02-20 00:00:00

LAW INTELLIGENCE.

COURT OF EXCHEQUER, FEB. 19.
(Sittings at Guildhall, before Lord AEINGER and a Special
Jury.)
EXTRAORDINARY CASE— UNEXAMTLF.D DAMAGES.
MAY V. HUSBAND AND OTHERS.
This was an action for maliciously issuing a fiat in bankruptcy
against the plaintiff without reasonable or probable cause. The
case lasted all day Tuesday and great part of Wednesday.
Sir F. Pollock, Mr. Erie, and Mr. Bulls, for the plaintiff ;
Sir W. Follett, Mr. Crowder, and Mr. Butt, for the defend-
ant. It appeared from the lengthened (and very contradictory)
evidence that the plaintiff had been engaged with a person
named Malachy, in some extensive mining transactions
• in Cornwall ; that Malachy became bankrupt. Mr. Husband,
an attorney, and a gentleman of considerable property and
station in Devonport, was solicitor to the assignees, who were
two respectable burgesses of that town, and were the co-defen-
dants in this case. The assignees, on investigating Malaehy'e
complicated accounts, deemed that there was a clear balance
in favour of Malachy, against May, of 16,0001. or 17,0001.
On this proceedings were taken to procure a fiat against May,
which, however, the Chancellor subsequently annulled. May's
son and others now came forward, and swore positively that
during some period previously he had kept at his banker's ba-
lances of from 2,0001. to 11,000/. ; that he had paid cash for the
stock in his trade as a spirit seller; and was in quite solvent
circumstances. On the other hand it was contended that the
accounts fully justified the assignees in believing the debt, and
that the disposal of the business of May, to his son, a youth
then not of age, while the father was absenting himself from
Devonport, was a presumption of bankruptcy, added to his dis-
posal of a house of his, on deeds, to procure a loan of money.
The plaintiff met this by alleging that he had left Devonport to
fill a situation of 5001. a year in Glamorganshire, which, he
said, he had lost by reason of his necessary stay in London to
oppose the bankruptcy proceedings, which he further declared
had cost him 200/. or 300/.
The Learned Junca declared that these facts being put in
evidence, he could see no evidence at all of the bankruptcy, and
little if any presumption of the debt. In law the " malice"
which was necessary to sustain an action of this nature might
be inferred from the entire absence of reasonable and probable
cause, of which the Jury would judge.
In the course of the defendant's case, Sir War. FOLLETT,
having called on a Mr. Gilbard (who had acted as May's at-
torney) upon his sabpeena to produce a deed, which Sir William
thought necessary to throw light upon the transfer of the pro-
perty.
Sir F. PoLtocx contended that the witness should go into
the box. Sir William objected to this, saying that the sub-
poena was only to produce the deed, and declining to examine
him. Gilbard refused, and Sir William appealed to his Lord-
ship, who, however, refused to interfere, leaving the parties to
their remedy by action, could it he sustained. Sir William then
formally called on Gilbard to deliver the deed, and he again
refused.
The Learned Juno r: in the course of his charge, commented
on this, stating that he did not think Gilbard at all bound to
produce the deed unless he was allowed to be examined.
The Jury retired for about half an hour, and then came into
Court with a verdict for-2,5001. !

COURT OF COMMON PLEAS, FEE. 19.
NEW SERGEANTS-AT-LAW AND QUEEN'S COUNSEL.
The fllowing Counsel were called within the bar as Ser..
rleants-at-Law :—Mr. Channell, Mr. Wrangham, Mr. Shea,
'and Mr. Holcombs. And Messrs. Turner and Bethel were
also admitted as " her Majesty's Counsel Learned in the Law.',

We beg to direct the attention of our readers to
the following extract of a letter addressed to A. Rowland and
Son, '2O, Hatton-garden, London, from Hamburg, dated Feb.
15 :—" I have also the pleasure to inform you of another de-
cided proof of the efficacy of your celebrated Macassar Oil.
Dr. Boding, of this place, had a patient who was bald for
several years, and who had tried several articles for the recovery
of his hair, but without effect, until he was advised by the doc-
tor to make use of your oil ; after using three bottles he entirely
recovered it, and has now a much finer head of hair than for-
merly. Dr. R. felt so gratified at its success that he made a
drawing of the recovered hairs (magnified) which he herewith
sends." Rowland's Macassar Oil prevents hair from falling off
or turning grey ; changes grey hair to its original colour, frees
it from scurf and dandriff, and makes it beautifully soft and
curly. In dressing hair it keeps it in curl, &c., unimpaired by
damp weather, the dance, or in the exercise of riding. Ask for
" Rowland's Macassar Oil "

DESTRUCTION OF DR. RAFFLES'S CHAPEL
AT LIVERPOOL.-LIVERPOOL, WEDNESDAY.—It becomes
our melancholy duty to announce the entire destruction this
morning, of the Rev. Dr. Raffles's chapel by fire. It was si-
tuated in Great George-street, and formed one of the most at-
tractive and ornamental edifices in the town. It contained, on
each Sabbath-day, within its walls, the largest dissenting con-
gregation in Liverpool, and under the Christian instruction of
a pastor justly esteemed throughout England. The fire broke
out at eight o'clock this mornin-, and was first discovered by
the children who were assembling at the school. Upon their
entering the cellar, which was used as a school-room, they dis.
covered it to be on fire, and gave the alarm; but long before
engines arrived, or any effective assistance could be rendered,
the whole building was an entire mass of flkme, which in a few
hours reduced this beautiful place of worship to an entire ruin.
Dr. Rallies had just left Liverpool for Manchester previous to
the fire breaking out. The property was insured to the amossat
of 4,000/.—much below its value.
PERSECUTION OF THE POLES.—The fury
and cruelty of the Russian Government towards the unfortunate
Polish nation seem on the increase rather than the decline. To
the numerous inflictions on the inhabitants of unhappy Poland
lately published, we are enabled, by a private letter from Paris,
and from an unquestionable source, to add one, the pretext
for which will 'nardly be admitted by the warmest Menus of
Russian alliance. The ion of Count IVliontzynffski (a retired
officer of distinction) was lately returning from college, is
Germany, to his father's house at Warsaw. His luggage wu
searched at the frontier with the usual strictness; unfortunately
there was found in one of his trunks printed portraits of Kos-
ciuszko, Poniatowski, and Skrzyneeki. The poor lad was in-
stantly taken into custody, and sent to Warsaw under a guard.
On his arrival there his father was arrested, byorder of Marshal
Paskiewitsch, who, after a brief inquiry into the affair, sea-
tenced Count Miontzynffski to be imprisoned in a fortress, and
his son, a
Siberia for 020 years.uth of 16 or 17 years of ago, to be transported to

CORY AVERAGES.

THE MARKETS.

COAL MARKET.
d.
Atlair's
Bell, Robson St Co. Hartley 18 6
Holywell Main 209
Original Windsor's Pon top 19 0
Tantield Moor 29 0
Townley l7 3
Willington 9l 6
Wvlain.
Walls end Heaton .. 22 II
Walls End Killingworth ... 22 0
Walla End Perkins l9 3
Wall, End Walker 9l 6
Walls Endflradslyll'alletton 2:5 r
Waits End Haswell 24 4
Walls End Hetton
Walls End Lambton ....
Ships arrived sinee

Braintree
B ighton
Cambridge
Dunmow
Grantham
Grimsby
Hai!sham
Hitch in
Ipswich
Lewes

COUNTRY CORN MARKETS.

Wheat. jßarley. I Oats,

Per Quarter
Boston

5. to s.
58 63
64 7t
66 76

Beans.

Pene.

a. to m.
33 38
36 48
44 47

to A.
39 43
40 44
40

8. to I. J. to a.
19 26 35 40
28 34 38 44
26 29 44 46
26 35
h 8 29 43 44
26 33 36 44
20 30 41)
22 26 42 44
22 24) 46
24 32 25 30
24 28 38 40
22 29 34 40
25 31 38 44
26 32 40 50
28 50 42 44
20 24 46
24 32 24 42
27 34 33 45
24 30 40 42
28 50 44 45
28 34 38 46
26 32 38 40 ,
MARKET.—Feb. 1&
les 1.41 to 111.6 d.
10 4 11 0
9 0 9 10
0 9
Foreign
OATS, English, Welsh, and Scotch 9 0 12 ti
, per 451 b 3 5 4 0
Irish
Foreign
0 0 0
13attLr.Y, English, Malting, per Imp. quarter 44 0 48 0
Scotch and Irish, pet 601bs
-- Feeding
6
40 4 .
BEANS, English, per Imperial quarter 46 0 51 0
Irish, Esc
Foreign
44 0 48 0
EngliSh, per Imperial quarter 44 0 451 0
Foreign
FLOUR, English, per 28018. 56 0 52 0
Irish
44 0 56 0
OATMEAL, English and Irish, per 2401bs 33 6 35 6
INDIAN COSH, per 480111.
RYa, per Imperial quarter
MALT, per Imperial quarter

Lynn
Maidstone
Norwich ,

l'et worth
Rom ford

Sandwich
Thetford ..
Wisbeeh

65 72
60 70
66 70
53 70
CO 72
CA 70
62 70
62 70
60 63
PO 76
C. 76
6,3 74
54 74
56 77
67 60
54 • 72
64 75
62 70
I V ERPOO.
ish, White,

Yarmouth
L
WHEAT, Engl.

38 44
38 51
28 35
35 39
26 32
34 46
36 32

28 46
36 39
35 43
28 35
38 45
34 43
39 42
36 42
34 47
133 25
,L CORN
per 701 b.

Scott.
Irish,

'Red ..
:h, Welch,
, White...,
Red

and Manx

HULL CORN MARKET
Wheat, White (per Quarter) 6ls. Ws 725.
Bed Ws. 6es. 646.
Foreign
Arley, Malting
.....8, .--6. -B.
Grinding los. 31s. 345.
Oats, British
Foreign (in bond)
Beans
Pease, Grey
Blue and White
Linseed
Flour (per sack)... . 50s. 556,
Rapeseed (per 10 quarters) 221. 241. 251.
CHELTENHAM MARKETS.
Per Bushel. a. d. to s. (Li Per lb. d. to d.
Wheat 7 3 901 Beef 6 7
6 darley
Beans
Pease
Hay 3/. 10s. to 51. Os. Od. per ton.
CANTERBURY MARKET.
Wheat, white--- 615. to 705.... old-............ -a. to -I.
- red--......-. 565. to 68s. ...... Old,-.......„ 68s. to -I Barley, Malting-. :355. to 45.. -. Gri.nding.. -s. to -a.
Oats -01 a........-.. -s. to -6.
Beans ..................... 42a to 445...... Old*. 436. to -s.
Pease --....-.. 38s. to -5...... Grey......... 40s. to 495.
CHELMSFORD MARKET.
Wheat, White 7U to 75 Oats 93 to 32
Red
Barley
Chevalier 4l 44 Beans, Tick '3 32
Grinding

We regret to hear that Mr. Caylev, M.P. for
the north-riding of Yorkshire, has been for some months la-
bouring under severe indisposition. He came to town at great
hazard to record his vote in favour of Ministers, but has re-
mained ever since in a state of ♦ery great suffering, and to-
tally unable to attend to business of any kind.
SWALLOWING MONEY.—A soldier of the
garrison at Valenciennes, a few dap ago. swallowed a five-
franc piece. At first he was very uncomfortable, but appeared
soon afterwards to become quite at ease, and now walks about
gaily with the money in his stomach. On this occasion a local
paper `states that a medical raan of Valenciennes relates that
about forty years ago an old invalid died in the hospital at
Lille. As soon as the breath was departed some of his rela-
tions came, and begged his body might be opened, as when he
was engaged in the Hanoverian war he had swallowed a crown-
piece, then worth six francs, which might still be recovered.
The operation was performed in their presence, and the crown-
piece was foand lodged at the entrance of the intestines, and
given to them. They went away rejoicing with the only inhe-
ritance that fell to them._.. pans piper.

PRIZE CUPS.—New and Second-hand SILVER
PRIZE CUPS are offered at very REDUCED PRICES, and
seleltiot may be made from a great variety, both of Sizee and
Pattvrns, at

T. COX SAVORY'S,
Goldsmith and Watchmaker, 47, Cernhill (Seven Doors front
Gracechurch-street), London.
Drawings of Cups will be forwarded in answer to a post-
paid application.
It is desirable Letters for Drawings should mention either
the size or about the price of the Cup or Cups that may be
required.
A Pamphlet, with a detailed List of Prices and Drawings of
various articles, and also with drawings of the above Services,
may be had gratis, or will be sent post free, in answer to a
post-paid application.

SILVER PLATE of LONDON MANUFAC.. TURE.—A. 13. SAVORY and SONS, Working Gold-
smiths 14, C;ornhill, London, opposite the Bank of Englead.
The best wrought SILVER SPOONS and FORKS, Piddle
Pattern, 71. 2d. per ounce; the King's Pattern, 7s. 44. pa**
ounce. The follo7:ing are the weights recommended, bet the
artam; may he had lighter or heavier at the seine pries poroureil.
12 Fid,ile Pattern Silver Table Spoons ez. s. d. AL s. d•
30 at 7 L.. 10 13 I
1:1 d tto
12 ditto Dessert ditto 20 7 L.. 7 4
12 ditto 'fable Forks 3O 7 IL. 10 It •
Desert ditto 49 7 2... 7 8 4
2 ditto Gravy SpOolla
1 ditto Soup Ladle 10 7 L.. 411 $
4 ditto Sauce ditto lO 7 R... 310 •
4 ditto Salt Spoons (gilt strong) 1 0 I
12
1 ditto Fish Slice
ditto Tea Spoons lO 7 5... 3 Id 11
I pair ditto Sugar Tongs (strong)
12 King's Patter i Silver Table Spoons Oat T 4... 14 18 4
12 ditto I.),esert ditto 21 7 4... 911 1
12 ditto Talye Forks 4O 7 4... 14 IS 4
12 ditty Dessert ditto 34 / 4.. 910 1
2 ditto Gravy Spoons
1 ditto Soup Ladle 12 7 4... 4 II I
4 ditto Sen-n iiitto
4 ditto Salt Spoons (strong gilt)
12
1 ditto Fish „lice
ditto Tea Spoons .14 7 12... 0 9 1
1 pair ditto Sugar Tongsl 4 0
N.B. A Price Current, Stamped as a Newspaper, Gentian-
ing drawings, and every information rclatiye to the pttrohase cif
silver or Sheffield plate, may be had on application, or will be
cent into the country, free of postage, in answer tea paid letter,

.8 IR Tlt I.
On the 17th inst., in Manchester-square, the lady of Freda..
rick I). Goldsmid, Esq., of a son.
On the 16th inst., Mrs. John G. Reynell, of Chancery-lane,
of a son.
On the 16th inst., in Baker-street, the lady of William La-
nergan, Esq., of a son.
On the 14th inst., Charlotte, the wife cf Mr. Ponten,
Bucklersbury, was safely delivered of two girls and one boy.
On the 16th inst., at Croydon, Mrs. Francis Fuller, of a
daughter.
On the 18th inst., Mrs. J. Cary, of Ebury.street, of a son.
On the 19th inst., Mrs. Oriel, of Alfred-place, Bedford. square, of a daughter.
On the 19th inst., the lady of J. Bowen May, Esq., Queen-
square, Bloomsbury, of a seven months' son.

N.41/Z
On the 18th inst., at St. James's Church, John Neale Nott,
Esq., Commander, R.N., to Mary, eldest daughter of Sir
William Burnett, K.C.11., Physician-General of the Navy.
On the 18th inst., at Hendon, Middlesex, the Rev. John
Richard Bogue, of Denbury, Devonshire, only son of the late
Captain Bogue, Royal Horse Artillery, to Sophia Eliaat,ethr
youngest daughter of Lieutenant-Colonel Mudge, Royal Engi-
neers, of Beechwood, in the same county. On the 18th inst., at l%lelcomb Regis, Henry George Hop-
kins, Esq., eldest son of Henry Hopkins, Esq., of Hubborne
Lodge, Hants, to Sarah, youngest daughter of Joseph Bond,
Esq., of Tours.

On the 7th inst., at Amsterdam, Robert Melyil, Esq, her
Britannic Majesty's Consul at that place, egad 60.
On the 16th in at Leamington, William Hampson Morri-
son, Esq., Queen's Clerk and Clerk of the Papers of her Ma•
jezty's Mint.
On 16th inst., Joanna Harriet Maria Fitzpatrick, eldest
daughter of N. Fitzpatrick, Esq., M.D., of the Lodge, near
Bedford, and granddaughter of Sir William Long, aged 19.
On the 18th inst., in Lower Brook-street, Sir Jeffry Wyat.
R.A., aged 74.
On the 17th inst., at Hastings, Frances Ursula Pellew,
eldest daughter of the Hon. and Very Rey. the Dean of Nor-
wich,
and granddaughter of H:nry Viscount Sidmouth.
On the 10th inst., at Putney, Patrick Hunter, som of P.
Charles, M. D., aged nine months.
Os the 14th inst., at Chichester, Frederick Vigo., Zap,
aced

Oa the 16th inst., at Marine Cottage, Brighton, Sarah Anne,
relict of William Holloway, Esq., late of Cowes, Isle of Wight,
aged 55.
On the 17th inst., at Torquay, Mr. William Amble, of the
Stock Exchange.
On the 17th inst., Elizabeth, the wife of Joh* Rolland. EmPt
of Clapham-common.

London; Printed and Published by 111fURDO YO UN O. et
Nu. 119, Straus!, at O. 112, Strand, ia the
county of Middlesex.—Thurrday, February 20, 1'640.

~_
GEN-F2RAI, AVERAGE PRICES OF BRITISH C3R.T.,1
,jor the Week ended Feb. 14, /840, made up from the Returns of
the Inspectors in the different Cities and 'fawns in England and
Wales, per Imperial Quarter.
Wheat 6ss 3d. I
Oats
Barley UI s. 3.1. Rye
IMPERIAL •OGRIGATZ AVERAGES OF THE VE•wERICE

FRECKDING.
Wheat rss. sd. 1 Oats
Barley 3oa. 0.1,l Rye
---

DUTIES ON FOREIGN CORN.
Wheat 2ls. Sd. I Oats
Barley 's. 4d. I Itye

s. 1.
Walls-End Russell's Hatton id
Walls Esid Stewart's 25 0
Wails End NVhitwell
Walls End Hartlepool 92 0
'Walls
End Barrett
'Walls End ,arrington Tess 19 9
IWalls End Clarence Hatton 20
lWalls End Clavering Tees .8 0
W.lls End Coundon 22 6
Walls End Evenweiod 26 0
Walls End South Durham , 29 0
Walls End Tees 2ll
Walls End Victoria Tees 2l 9
Walls End West Fees . lt 6
Blythe l6 0
Howard's Netherton Main 16 $
last market day, 160.