The Sun.
London, England, 1841-11-22 00:00:00

THE FUNDS.

The opinion that the Spanish Government are
about to pay the dividends on the Active Stock continues
to gain ground, and further speculation has taken place
this morning, in consequence of which an advance of
per cent, upon the closing price of Saturday has taken
place, the quotation being now 22i ; Passive, 51
Deferred, 11+ • Portuguese Five per Cents., 3(1. 3 ;
ditto Threes, 181 .1.
The English Stock Market opened firm, with an ad-
vance upon Saturday's prices. Consols are now 88!
for Money and the present Account ; Exchequer bills
8 10 prem.

PRICES OF SHARES THIS DAY AT ONE.
RAILWAY'S. Paid. Per Share.
Great Western
Ditto New
Ditto Fifths ..
London and Brighton
London and Birmingham ... 90
Ditto Thirds
North Midland
York and North Midland
HALF-PAST ONE.
There has been but little business doing in the British
Securities. Consols are now quoted at 88-$. if for money,
and 881 i for the account. Exchequer. Bills 811 prem.;
Three per Cents. Reduced, 8811-
,:i ; Three-and-a-Half
ditto, 97a -a_ ; India Stock, 249.
The principal business doing in the Foreign Market
has been in Spanish Active Stock, which has receded a
little, it is now quoted at 22i- I- ; Passive 51- • , Deferred
4
111 ; Portuguese Five per Cents. are firm at 311- ;
Brazilian Bonds 571 ; Belgian 1001 i; Dutch Two-and
-
a-Half per Cents. 514 i ; Ditto Fives 99 i i.
The Share Market continues flat with little business
doing :—Great Western, 79 ; ditto New 561; do. Fifths,
7i.; London and Brighton, 31- i ; London and Bir-
mingham Thirds, 521 ; North Midland, 651 ; York
and North Midland, 86.
TWO O'CLOCK.

The Dutch and French mails still remain clue.
Consols, Money, 883 89 ; ditto, Account, 883 89; ditto,
January, 894 ; Portuguese, 311 32 ; Spanish, 223 4.
QUARTER TO THREE
A meeting of the holders of Passive Spanish Bonds
is now being held for the purpose of considering the
best measures to be taken in obtaining the payment
of the dividends upon this security, or rather
the gradual conversion of them into Active Stock,
as agreed upon originally. We have no doubt
the Regent of Spain will give his early attention to the
matter at the instance of the holders.

SPORTING INTELLIGENCE.
(RECEIVED THIS DAY.)
NEWPORT PAGNELL STEEPE CHASES.
SATURDAY.—CONCLUDED.
Sweepstakes of 5 sous. each, and 15 added ; 12st each ;
winner to be sold for 701., &c. Four miles. (8 Subs.)
Mr. Westley's White Stockings (Mr.Bretherton) 1
Mr. Morre's Game Chicken
Mr. Carter's Tom Tug (fell), Mr. A. M`Donogh's
Prince, Mr. Whitworth's Pedlar, Mr. Steevenson's Not-
tingham, and Mr. Langham's Lazzarini, also started, but
were not placed.

We understand that there will be a brevet in
the army, and a promotion by way of brevet in
the navy. The details will probably appear in
the Gazette of tomorrow.--Times.
We. have beard that a Puseyite Curate of the
Established Church at Lichfield was, on Sunday last, or-
dained a Roman Catholic priest.—Leeds Mercury.

EVENING SUlsT___,,
LAW INTELLIGENCE.

ROLLS' COURT.—(THis DAY')
NORBURN V. OLLETT. • suit,
The MASTER of the RoLLs gave judgment in this
which was heard on Saturday, and reorted in The
a"r
of that day. His Lordship said that t did not 01)Peco,
to him from the evidence that the defendant had ecto.
pied the farm as a tenant subject to rent, but, neve!, he
less, if the plaintiff required an inquiry on this point
was entitled to it. With respect to the account prfn
for, it must be made by both parties, each havingfr
ceived money on account of the personal estate. 1" 'by
ceiver must be appointed, unless security was grvell
the defendant
SHEFFIELD CANAL COMPANY V. SHEFFIELD AO 50
'
THERHAM RAILWAY COMPANY.
The COURT was occupied the remainder of the mornifitig,
in hearing the arguments in this suit, which "went °sp
toted to compel the performance of an agreemy
e'our
tered into on behalf of the parishes. We resery
report until the conclusion

VIOE-CHANCERY—(TMS DAY)
(Before Vice-Chancellor BRUCE.)
SMITH AND OTHERS r. SPENCER. will,
This suit related to the alleged suppression of s ea,
under which the plaintiffs, as Sevisees, claimed toli
i3Jon"
titled to certain property. The plaintins we-e
Smith, Dorothy Guy., and others, who.'Vl
toe
to be beneficially interested in the reldt,lso
'of a lady, named Mary Carter, under 1 1835,
made by her in their favour, in the year
r.st,
The defendant Spencer was the nephew and ile.„lber,
law of that lady ; and upon her death, in SePtel"tesur
1838, took possession of the estate of the Which
trix, and of her papers and title-deeds, among AO'
was her will, by which she had bequeathed to the,Yraer
tiffs certain portions of her property, consisting
5511,
suages and lands at Dalton, in Yorkshire ; and tl; bill
it was alleged, the detendant bad suppressed•
prayed that in case the will was not forthcoming
cer might be declared the trustee of the testators
for the benefit of the plaintiffs as devisees ; tin't ad the
count should be taken of all the rents and profits d to
estate received by him ; that he might be defile:it he
pay what should be found due to them ; and
should deliver up the title-deeds.
(Before Vice-Chancellor WicliA3l.)
DODD v. 000 LYALL. Ceti J
This was a foreclosure suit. His HosoUn Pl9/3,,,ertm
an opinion upon several of the points raised, WI r"
his final decision until to-morrow morning.
QUEEN'S BENCH._(THIS I),Alicavir
v.)
At the sitting of the Court this morning 14°-b,0011;
bell took the usual oaths of supremacy and IS°
on being appointed a Member of her Ma.l"'"
Honourable Privy Council.
h bsd
STONEHOUSE V. JENNY. •
Lord DENMAN gave judgment in this ease, "„,, tien.
been argued during the present term. ft "3:i-fell
brought by the plaintiffs to recover the arnoun,' ;kap pi
sums of money, and the value of certain gou„sf-it
on behalf of the defendant, who was owner ''';„" to )eti;
called the Good Intent. The vessel had Ptltg",e' ith.
ry
port in distress, and a person named Hawk tie is°%tl
represented himself as captain, obtained aoolr,
and goods in question by virtue of snui„
which he alleged he had from t`i„:0011. bet
who was at that time residing at rii,cotain,
appeared that Smith was not the registered ki+r obtai'd
he alleged that as supercargo he had a riAt,,"" ship /,0
'.
supply of necessaries for the benefit aWe ost,
crew. There were two answers to the action;taiolo
he was not the party who had authority to °,ll, ditit,,tgo
and goods on behalf of the owner; told seconu.i:4lao near
authority was limited when the owner a
that a communication could be had ether,vvi,t atA
days. h
aldt wasbeen unnecessaryconstituted toac t
in considerg_tn asacting-master
ewrn tbe ovisto
party
I),Yot be 0,
he could waive his responsibility by allegif. court inns'
not the registered owner, because tne_a
of opinion that the second answer was a gd, ersb'ooti
much as the advances had been made at eons' Oa '4O
tervals of time. At the trial great stress vils but,. bee
the special authority given to Hawk Snlitl'ci t° tioo
very doubtful whether that authority exten entaoies.ad;
rowing money, when he could have had e'get. th° ss of
with the owner by letter. As the attention tot
had not been directed to that point,_ Court
be, $ll.
opinion that the verdict for the plaintiffsp°e' trig
aside, and a new trial granted.—Rule for 'l
solute.
THE QUEEN V. THE EARL OF r• WALDEGRAv - ' 1104
DUFF. mrito.,1pu
This was a rule calling upon the proseetiv",or
cause why the side-bar rule to tax the osts cad
be set aside. , tn ito
The SOLICITOR-GENERAL nOiir appearedbe i
against the rule. The facts of the case won bee
recollection of the Court. The defendantsl4'eatieia
dieted for an assault upon Charles John ly Tbeibe
police constable, in the •execution of his dig. . ipto
'orarl eery
dictment had been removed by writ of certt Doss the
Court of Queen's Bench, and the defendants 001 the
judgment to go by default. The affidaviticriltestioli
rule had been obtained set forth that ly_evt.hs,,eo
police constable, was the only party
was not the prosecutor—that the prosecutioni,botld
carried on by Mr. nobler, who, it was
PNbN: employedas ,stvahoth G,pi
eeephot
gobho. 'ena.
erllets :et °tdni
these
neußws
neteoehhdwreeaeiarprl
Commissionersni
aa
oa44bl'sldeprdetfosciolirtaihpitslAea Nov.tont
specialotelcbii (efCifilprt:i
oibet
imiaivoreri
;11' le
4P.
ie?
soeor ° :i icloticee lic°;,:to?:loljeef.
een
within the spirit and meaning of the Secl" sS
sth William and Mary, chap. 11. By the d'ictniell;
that Act it was provided-that where an 'aid ellte:he
removed by certiorari, the prosecutors shot! d if .feet'
recognizances for the payment of cosh", ~livrifieo:4l,
dictment was proceeded with nnder sfa;asolTared or,
tiorari, then the Court would give snub Part iPr
to the prosecutor, if he was the rrpesol!orgrr;
aggrieved, or to any justice of ty, tieir
or bailiff, constable, headborOt.'"'or ot":act c°'";
churchwarden, or overseer of the r',, of 511), 0 StipCs
officer who should prosecute on acco°" 0°7;0
mitted or done, and that concerned him eft. "%ors:4
officer or officers to prosecute or Plloinoli3solo3roitt•ii
tion for the Court was whether the get e
L Police were public officers prosecuting 'lroseentet'be Acz
or done, and that concerned them t° Vntler
the meaning of that Act of Parliament. for itnrer, 0
the 10th Geo. IV., which was a statn,tenoissionWeil"
the Police of the Metropolis, the 1-1(1)-4.ace f,t)ffir
Police were appointed Justices of the -and tue'oble,
minster, Middlesex, Kent, and SurreY_„, ijoe-01P00,tli
authorised to appoint, and swear in roe oovent
and to make orders and regulations the de(encilsee
of that force. The indictment charged t"' oflns
having assaulted Wheatley in the exccuti°° r, of lib
police constable, and the Commission,' the re lb
directed that indictment to be preferreu_rdsbiriher),;
which was already known to their Ltuitwtini,,rob"
Court would have to say whether in illsfy,dy e; the 1110';
secution for the protection of one of the revel,
~re
they were appointed to preside and to J) neo
, • •ssi.o.. to.
currence of similar outrages, the COrniT.o,3o "-„,/
acting within the spirit of the sth `;l„wthorlbe beer
The rule had been obtained on the ,42 wrt.
cases, which had been decided in thatiuq.recin,- of •it,
was the Queen v. Sharpless, 3d vni' jou'. ers/"5.4
p. 47, which was an indictment' 'Y,. •cio,
Peace against the keeper of Pembrobei,
ting the escape of a prisoner, and in
otipot,glsa ;tit
ruled that the prosecutor was pot Ifier r 07.„
and was not entitled to costs. The °` s sanlte„,
King v. Edwards,s thßamwell andAdolph,trl ; sod, , ooei,
preferred by the Commissioners of ravl
al
of the borough of Derby, for an ussnUlt.,.oo,o4 pco
There also it ;was decided that these the 510
being appointed for a specific ptirr..los 4?! fi
Act, did not come within the provl-e ho"edeot "",e
William and Mary. In the present ens:l;,, evitrop;
circumstances were entirely distinct, it heo;i'ers°`pte#
the prosecution concerned these Commis °of Ole oa
and that they were entitled to the costs ketW I
action. said thecOing
Mr. WADDINGTON, on the same side, „_,aerme ~ern., 4
clearly intended to prevent the officious 'dun", &Tied tb;4;
parties in prosecutions in which theY his 0101
Mr. MARTIN, in support of the rule'tieroetli e e!ttt
the heavy fines imposed upon these genadergli;
severe punishment they had otherwise °Li that t 0,000.4
be considered a sufficient reparation, of the 130e1
would not now visit them with the costs no the, tbe•
tion. lie thought they were bound to gcinavit, 'roe illesJ
strictly to the facts set forth in the audicted toa oierer,
were, that the defendants had been in and 1104, tb an
sault upon Wheatley, a police constabl,e,
conotlysecli
guilty. Now he wished to know wlu.goliee anuitetiloti
was between the Commissioners of -L,,e tons 10 0 Jo,
indictment, and how they came into ni` ICI °,O
all? That certainly did not appear, aZdupon d¢log
these facts only that the Court was es" Aets
The Court had always construed these
_A at tbeeea
ment very strictly, and if they look"'uld be •ibia
that
of the Act sth 'William and Mary, it vo
selves
the prosecutors did not bring any 0,91,111 y
spirit or meaning. It did not apPear whate' of
the police constable had any connexion Ac t„0,
pubes f ,
the Commissioners of Police. ht the oacl
Mr. Justice COLERIDGE —I thou g issiondel. 0
Parliament gave authority to the ecnuratod the., 0 /1„1
lice to appoint their police constables, default To, jePoit
ants having suffered judgment to g° bLia not Dies b
in which they were the prosecutors, c.,..econste
the fact. Were there any other rot'.
but het` '`4
those appointed under 10 G eo.
_n;:eirseteel
(sins
stbea
ff
%a s. ,
d e
cy
eb
Mr. MARTIN could not say limc 411°:cel
lieved there had been
that Act had come into operation. Hee
Act Whi,C,lll'
ever, that there was no provision in to :`lO, orj
,e posik ibe
police constfu:
srtibmit.te,
these Commissioners beyond the
.sion to ~
;el
Justice of the Peace, and the
deelliciena ese err'
Court had come in former cases had snie th deo
the rule that as a mere Justice of I
t there "11! ieciltethe
Agan' stO Pr° ja
feiC
amao
csupeel
imposed
feinot
he
eut
the
reoenco Nr
theseee
indictment
resent,
n costs.. o, s tst
adr
nt
the
netsdaoidni
tor,
.deasdnrcenttir.
that
on"
cuit
cot
atsntetr:
erieceeri
prat,.
erre,
be:
er
pesets oc
loeti 5
joe4,
Kerr P or
ne, ee
yr,
made
euwabndamoeyti teatnesdt
absolute.i ltehda it
et
ot °hffie
theeP rr°s
e c
costs,u
b
ould
n
sgtoos-Afor,sl62icl
000uTknhel eneTdtCOHOt
EhtUheßeQi
their
decision.aEs saEei
QUEEN
vit thats:
FbiebEelnr.
AND
otcytisi.viot:oo
The COURT gave judgment obtain A,
ha t
•
selindictmentmanufacturersA reiif
efoidrta,
ocfpoillelsipaiiicaheysesattieoiretgnitadnind
in
.0
hicrine;:endolotti
been tried before Lord Denman, :lbtbr: :coley og
of guilty had been returned againds'
for n tie°l
A rule to set aside the verdict, an , been a
been subsequently obtained, and baa