The Sun.
London, England, 1841-12-07 00:00:00

MISCELLANEOUS.

Buta few months since the Duchess di Canizzaro died,
leaving every relic of her princely fortune to the Duke,
who, on this accession, returned to Italy. He had hardly
arrived there before he perished by a most unforeseen
accident. According to the Italian official inquiry, he
died from taking three pills at once, ordered to be taken
singly, and which contained arsenic.
A luminous and electric ball was seen in the sky over
Windermere on the 25th ult. In the course of three
minutes, it assumed the shapes of a pyramid, a flame, a
spiral serpent, the figure of the letter Z very brilliant at
its angles, and, lastly, of a compressed crescent, when it
disappeared. _ _ _

The Lord Mayor of Dublin, out of 100 claimants, ad-
mitted 90 to the freedom of the city on Saturday. When
asked why they did not apply for their freedom before,
the general answers were, "Because I was a Roman
Catholic." " Because I knew there was no use in ap-
plying," &c. It appears the exclusion of Roman Catho-
lics was undeviatingly observed by the old corporation.

MONEY and COMMERCIAL NEWS.
CITY, TWELVE O'CLOCK.
LIVERPOOL COTTON MARKET, DEC. 6.—The business
done in the Cotton Market to-day is to a fair extent, the
dales amounting to 5,000 bales, of which exporters have
taken 400 American.

LIVERPOOL SHARE MARKET, DEC. 6.—The transac-
tions reported in this market are, in London and Bir-
mingham New Shares at 254 ; Midland Cuunties, 81 ;
Liverpool and Manchester Half Shares, 92i ; Edinburgh
and Glasgow, 424.
MANCHESTER STOCK EXCHANGE, DEC. 6.—Not
much doing in Shares to-day. Manchester and Leeds,
And Manchester and Birmingham, continue in demand at
improved prices ; London and South Western, 56 ;
Manchester and Leeds, Quarters, 31. 10s. to 31. l ls. ;
Edinburgh and Glasgow, 42f to 4243- ; London and Bir-
mingham, 158 to 160 ; Ditto, 321. Old, 53i to 534.
The Great Western arrived at Bristol late last even-
ing, having made the passage in 13 days. She has
brought 500,000 dollars in specie, and a fair cargo ; her
dates from New York are of the 23d ult. Exchange on
London had declined to 9f ; and United States Bank
Shares were quoted at Philadelphia, 4 i.

THE FUNDS.

Consols opened this morning 88f f for the Account
with but little doing. Three per Cents. Reduced, 88f f
Three-and-a Half per Cents. Reduced, 98 + ; Bank Stock,
165 166. Exchequer Bills continue firm, at 10 to 12 prem.
In the Foreign Market Spanish Active Stock improved
towards the latter part of yesterday, closing at 23 24,
after having been done at 23A; they opened this morning
at 24f +, at which price they aro now, there is, however,
but little business doing. Passive Stock is quoted at
31 i, and Deferred 12+. In Portuguese Stock there is
no alteration, the Five per Cents. are 331, and the Three
per Cents. 194 20 ; Dutch Two-and-a-Half per Cents.
521 ; Ditto Five per Cents. 99i ; Colombian, 20+ f ;
Mexican 254 261.
PRICES OF SHARES THIS DAY AT ONE.
RAILWAYS. Paid. Per Share.
Eastern Counties
Ditto Debentures
Great Western ... 65
Ditto Fifths .
4
London and Brighton 5O ...... 35i to 36i 6
London and Birmingham
Ditto New
North Midland
York and North Midland... 5O
Ditto New Shares l5 -
JOINT STOCK lIA NKS.
National of Ireland -
_l7l to

HALL'-PAST ONE.
The transactions in the English Funds have been very
limited during the morning. Three per Cents. Reduced
nave improved, and were last done at 881. Consols for
,he opening are 88i ex. div. ; Exchequer. Bills, 10 to
12. Business has again been done in Consols and New
Three-and-a-Half per Cents. for Money, the former at
39i, and the latter 99 k.
In the Foreign Market there has also been little busi-
ness done. Spanish Active Stock have receded a trifle,
the quotation being now 231 24 ; Deferred is 121 ; Por-
:,uguese 33 a 33 ; and the Three per Cents. 19i 244 ;
Colombian, 20,1 ; Mexican, 26i ; Dutch Two-and-a-Half
per Cents. 52.; ditto Five per Cents. 991
In the Share Market London and Brighton have im-
proved, being 36 to 361 ; London and Birmingham 160 ;
Ditto New Shares, 25i ; Great Western Fifths, 8 y ;
North Midland 663. The operations, however, have
been very limited.

TWO O'CLOCK.
Consols, 88i i ex. div. Mexican, 261 f ; Spanish
23i 24.

QUARTER TO THREE.
A few observations upon the ratio in which the im-
portation of articles has been proceeding during the
last eleven months may not be altogether unin-
teresting. In the consumption of West India
Sugar there has been a falling off, but in that
of Mauritius an increase. The arrival of the former has
been smaller, and the stock is only 14,066 hhds. 1,724
trcs. against 17,788 hhds. 1,780 trcs. at this time
last year. The stock of Bengal is 89,000 bags
against 29,000 only on the Ist of December,
1840. The consumption of Rum has rather in-
creased, but the stock is not quite so high as at the
corresponding date of last year. The supplies are nearly
on a par with those of 1840. Coffee, in some qualities,
has not been consumed to such an extent as last year.
East India in bags, and British Plantation being the ex-
ceptions. The supplies have ranged lower this year.
The stocks of West India are smaller, and also of Fo-
reign, but of East India generally they are larger.

THE 11ARKETS.-(THIS DAY.)
COLONIAL MARKET.
There was little business done, the home trade being
the principal operators. The Raw Sugar Market was
-irm, with a steady demand ; fine qualities being scarce
command 68s. to 735. per cwt. In Coffee the transac-
dons were limited, and the tendency of prices was down-
ward. The prick: of Rice was barely supported, and few
or no purchasers could bo found. Some small parcels of
Pepper were taken off at former prices, 2d. per lb.
TEA MARKET,
The transactions were upon a very small scale, and no
change can be quoted in prices, Company's Congou,
Is. Sid. per lb. cash.

TALLOW MARKET.
Prices firm, with a steady demand; parcels on the spot,
48s. 3d. per cwt.
WHITECHAPEL HAY MARKET.
The supply of Hay and Clover was middling ; of
Straw plentiful ; the demand heavy, at lower prices.
Clover, 31. to 51. 13s. ; Meadow Hay, 2L to 4/. Bs. ;
Straw, 11. 6s. to 1/. 10s.

SURREY THEATRE,
Mr. Phelps commenced an engagement here for a
limited number of nights last evening, and chose the
character of Lucius Junius Brutus, in Howard Payne's
tragedy of Brutus, for his debut before a Surrey audience.
This character was written expressly for the late
Edmund Kean, then in the zenith of his fame, and in the
full enjoyment of all his energies, and Kean at once
made it his own. Since his death the tragedy has sel-
dom been produced, the stage possessing no actor qua-
lified to represent the arduous character of Brutus. This
reason, however, no longer exists. Mr. Phelps is an ex-
cellent representative of Brutus ; since the days of Kean
there has been no Brutus at all approaching Mr. Phelps.
his oration over the dead body of Lucretia was
beautifully given ; his warm and natural style of
eloquence contrasting most favourably with the
monotonous syllabic declamation to which of late
we have been too much accustomed. The whole of the
two last acts was magnificent, from the first expression
of horrible suspicion that his son may be a criminal in
the fourth act, to the fearful condemnation of that guilty
son, at the conclusion of the fifth) when the stern duty of
the patriot has been fulfilled to the letter, the Roman be-
comes humane, and the Consul softens into the man and
the father—all was given with a truthfulness to nature
which stamps Mr. Phelps as an actor of high geniu...
We hope frequently to see, hint in imgassioned charac-
ters such as Otis, Which eve full scope for the exhibition
of the play of the feelings. He was called for at the fall
of the curtain, and loudly applauded. The drama of the
Two Locksmiths followed. Dttrhift. its prcieess
persons in the gallery rftiged a cry of" Fire, Fire! " and
the Whole house was in commotion. The pit was cleared
' in a few seconds ; the boxes were empty id alitiost as
short a space of time ; and the rush to the gallery doors
was terrific. All the actors came forward to the front of
the stage, calling out " Iteep yotit places, there is no
cause for alarm: The door-keepers also assured the
flying audience that it was a false alarm and prevailed
on the greater part of thetri to fetiirti grid fiirait the eon-
elusion of the piece. now the cry originated it is im-
possible to say. It is, however, exceedingly probable,
that some persons in the gallery may have perceived a
light in the painting room over the theatre, where pre-
parations are going on for the pantomime, and not
knowing that there was a work-room in that situation,
may have imagined that the ceiling wag on fire. The
alarm spread outside with great rapidity, and in less than
five minutes an engine was at the door, which, however,
drove away when the firemen had ascertained how
matters really stood. The neighbourhood of the house
continued crowded during the whole evening.

ISTRESS AT LEIGH.—Leigh, of which Pen-
nington forms part, where the present dreadful case of
Betty Thompson and her infant daughter, has just oc-
curred, is mentioned by the Manchester
Guardian, as
being in a state collectively of very great suffering,
,` We understand," it says, " that great distress prevails
amongst the labouring population of that district ; and
it is stated, that, in the parish of Leigh, there are many
thousand persons unemployed, and that the distress is
greater than it has ever been since the year 1626."

AAIERICA_N NEWS

ARRIVAL of the GREAT WESTERN,
BRISTOL, TUESDAY MORNING.
This splendid vessel arrived at Bristol at half-

past ten o'clock last night, after a remarkably
fine passage (considering the season of the year)
of a little over 13 days. She brings 30 passen-
gers and 500,000 dollars. By this arrival we have
received our usual files of North and South
American- papers, the date being from New
York to the 23d ult. There is no political news
of importance. Such extracts as are of interest
we subjoin.

We copy the following letter, which is of later date
than any of the papers received per Great Western,
dated Hale's News- room, New York, 1 P.M., Nov. 23,
the authenticity of which may be fully relied on :
" DREADFUL CONFLAGRATION AT ST.

JOHN'S, NEW BRUNSWICK.
"By the Boston boat just in, I learn that a destruc,
tive conflagration took place on the evening of the 15th
inst., at St. John's, New Brunswick. It swept away
all the buildings on Market-street Wharf, and down to
Whitney's Wharf, and from Prince William-street to
the water, the new Matket-house, &c. Large quantities
of goods were placed in the Market-house for safety,
but were afterwards destroyed. 40 vessels are stated to
have been burnt, amongst them 5 ships. The fire was
still raging when the mail left, so that you cannot hare
more particulars by the Great Western.
"We hear that 75 buildings were destroyed, and as
the wind was blowing a gale from W.S.W., it is feared
that the destruction of property will be much greater
than above reported ; as your folks the other side have
much interest in St. John's, I have been at some pains to
collect all the particulars I could get.
A dreadful fire had also occurred at Vicksburg on the
10th of November, of which the Vicksburg Whig says:—
"DESTRUCTIVE CONFLAGRATION. TWO
SQUARES BURNED, AND ABOUT THIRTY
HOUSES DESTROYED.

" We stop the press to announce the most destructive
fire that has ever occurred in this city. It was disco-
vered about 12 o'clock last night in the kitchen of N.
Droz, Esq., in Main-street, from which the flames spread
with frightful rapidity, destroying in their course two
entire squares, one on each side of Main-street, from
Cherry-street to Locust-street. The wind was blowing
a perfect gale, and the noble exertions of our gallant
firemen were of but little avail, *till all was done that
strong arms and stout hearts could do to stay the pro-
gress of the destroying element.
" At this late hour, wearied and worn down as we are,
we connot pretend to state the amount of the loss, but it
must be immense. We are unable to give the names of
all the sufferers. The principal losers, however, must
be W. H. Hunt and Co., furniture dealers, and the
Messrs. Vough, Of the Union Hotel."
Lord Morpeth was at New York, and had been invited
by the British residents and a number of influential
citizens to a public dinner, to take place on Monday,
the 28th ult., which, it was expected, would prove a
grand affair, as the Governor of the State of New York
and several other distinguished personages had expressed
their intention of being present on the occasion.
The celebrated Mr. Fenimore Cooper had been
figuring in the Law Courts, in two actions for libel
against the New York Morning Courier and Enquirer,
for a review of his work, entitled Home as bound. One
of these causes was tried on the 20th, but had ended in
the Jury's being discharged without agreeing to any
verdict, after being locked up from three in the after-
noon until half-past nine o'clock in the morning. Upon
the second indictment the editor of the Enquirer had
written a letter of apology to the attorney, upon which
proceedings were stopped.
The New York Journal of Commerce of the 20th of
November says, " The Government of the United States
has filed a bill in equity in the United States Circuit
Court against the Bank of the United States, the object
of which is to annul all the assignments made by the
Bank as fraudulent, and to obtain the appointment of a
receiver to take into his possession the funds of the in-
stitution."

CANADA.
The Canadian papers do not possess much interest.
There was considerable anxiety expressed for the arrival
of the new Governor-General, Sir Charles Bagot, and
the papers were occupied with a variety of speculations
as to his future policy and measures, the loyal party
auguring the best from his appointment; while, on the
other hand, the organ of the French party, the Aurore
des Canadas, was indulging in a series of violent arti-
cles against Sir Robert Peel's Government, and endea-
vouring to stir up the Canadians against them. The Mon-
treal Messenger, of the 19th ult., states that rumours of Pa-
triot movements were growing rife, and that meetings of
men, who were known to be disaffected, were said to be
held in the country parishes. Fears had consequently
arisen of a new series of troubles during the winter, but
it was hoped that the lessons taught the insurgents, in
1837 and 1838, would deter them from any fresh outbreak.
Much satisfaction was felt in the United Province that
Mr. Murdoch, the Secretary to the late Lord Sydenham,
and who had been to New York on his way to England,
had been re-appointed Secretary to the new Governor-
General. Mr. Murdoch had consequently returned to
Quebec, where he was awaiting the arrival of his Excel-
lency.

- (From the Montreal Transit, Nov. 8..)
MR. M'LEOD.
To the great gratification of his numerous friends, Mr.
M'Leod arrived here on Sunday last, looking none the
worse for his long captivity among the Yankees. On
Tuesday he returned to Toronto, and after settling his
affairs in this province, he will in December leave for
England, where, no doubt, he will receive, in the wards
of the London Times, a "personal solatium for his twelve
months' unjust imprisonment, as an indemnification for
such a protracted term of cruel and arbitrary oppression."
The Times, like the Canadian Journals, is of opinion
that compensation should be demanded from the United
States, the Government thereof having already clearly
admitted that the imprisonment of Mr. M'Leed was un-
just. —Niagara Chronicle.
By the latest arrivals from Mexico, we learn that the
aspect of affairs there had taken a decidedly pacific turn,
Santa Anna having been confirmed in his authority, and
the Convention which had been drawn up by the Junta
having been agreed to by Bustamente.
The Siamese, who are at war within Cochin China,
had, by advices received at New York, gained a very
considerable victory, a large force of the enemy having
surrendered to them.

(From the New York Express of Nov. 23.)
MONEY MARKET.
Since the sailing of the last steamer for Liverpool,
there has been a considerable sensation in the Money
and Stock Markets. The rate of Sterling Bills has con-
tinued so high, that there has been a constant drain for
specie. With the exception of a limited amount of bills
on Paris and London, received from the South, there have
been but few legitimate bills offering. Most of the Ex-
change has been drawn against specie shipped to meet it.
This has been the case until a few days since, when five
of our principal banks appeared in the market, and offered
any supply that might be wanted, at 110 on London, and
522 on France. The consequence has been, that private
bills are plenty in the market at 1091 on London—and
525 on Paris. This will effectually check any further
exports of specie. Indeed, since the banks appeared in
the market as bill drawers, there has been no demand
for specie. For three months past, the rate of Exchange
has been so steadily against this country, that about five
millions of dollars have been exported from this port
alone, since the Ist of August last. Of this sum, the
greater portion has gone to France, and mostly in silver.
For a considerable time this export was not felt by the
banks, their supply being most abundant ; but within the
last month, there has been a considerable demand on the
banks, which has been the principal cause of their ap-
pearing in the market as sellers of Exchange, and which
has had the effect to check the export of specie.
The banks, can with great safety come to the relief of
the bill market, as the bills from the South drawn against
cotton shipped, will soon become abundant here. The
coarse of shipments, of this great staple, cotton, has, so
far as funds are concerned, continued in this city. Ship
pers at the principal southern ports, draw on New York,
and the agents here draw on London, to meet their accep-
tances. Formerly, when the Southern banks were in
good credit, all regulations with England were made
through them, now the endorsement of a Southern bank
is not in as high favour as formerly.
Within the last two days, but particularly within the
last three days, there has been a serious fall in Indiana
and Illinois Stocks, and all other State Stocks have felt
the influence of this depression. The two Stocks men-
tioned have fallen to thirty-five cents on a dollar, and this
too when the latter State has always paid its interest
regularly, and the former State has passed but one half
year. The depression of these Stocks, will seriously
embarrass the States, in paying the!r interest inJan.next.
The election in the State of Mississippi, has turned on
repudiating the disputed bonds of the State, which are
said to be fraudulently issued to the Union Bank, and the
result, although not fully known, is considered to have
gone in favour of repudiating the bonds. That the sub-
ject should be made a question, under any circum-
stances, has created quite a sensation with capitalists,
and is undoubtedly one cause of the decline in Stocks.
The fall trade is now very nearly over, and the result
has been favourable. A large number of merchants
have visited the City, and have likewise selected a
larger
than of goods. The sales for cash have been
than usual.
periodThfo
The internalrtheclosing of u
tradeofourbStratge nearlyriesatWestern Canal closed,
nearly at hand. The amount of produce, theparticudleamrlyanodf
Flour, has been larger this year than usual,
for our t astern market and for export having increased.
The stock
risen a dollaronhandfortheseason
Flour
a barrel
within
thantbe last common.
ftm
four
correspondingweelcs , being
n po
1%4
efu 75,
Coarsean d
Grain,Wheatas Corn,o
than
iiy a
, e being m
w
Barley, and Oats, also have adanced vheireyhmhaataearieaulluy:
The high price of Flour particularly,
trolling influencehirsdonall otin other Grain,
forGralian,iso which market
degree ma greatket
degree to
1 price •
4.1 50, The provision mar-
purchases were made un to op
all former precedent.
ket continues depressed beyoe, , -inntedly low
Both Beef and Pork are selling at unpree.„,._
prices, and without any prospect of speedy amendment.
The Cotton crop, it is believed, will far exceed that of
last year. The ruling prices are from to IQ cents,
Although there has been no recent decline, yet the
sent rate is full as low as it has stood at any period dAring
Freights continue very much depthreersswedii
the past year.
h tlilie4sietesss
but little Cotton has
in
nt
severalthe Sou South htahvue lsceeaptpsb.orltso,w,,tbtoa
t reached the market. Ships consequently lay idlq
want of freight. for
qhe banks in the whole country south and west ofti*
,

EVENIN6LSTN

- --•L-7---------- cites ift
continue to do business without redeeming their nsor
specie, and there is really as little prospect of 3 rif cos
tion as there was two years ago. Exchauges on 3
.Ins
south of this range from three to ten per cent. di6,`is.
and on Florida and Mississippi much more than tu
30,
Congress will assemble in two weeks. The great ei,v.
tion that agitates the count*, is the state of the currirees,,
The Presideses Message is looked to with great inteented
His hostility to a national bank hitherto bas Pre! n,
the establishment of an institution of that deaortptione
of
The condition of the old United States Bank Is, 00,....
complete ruin. The capital of the Bank is 31i 1. the
thethere is not a dollar left for all the stockholders, a?
bills are selling at 40 per cent. discount. rasyr
The Mutual Insurance Company declared on Satt',oa,
a dividend of six per cent. on the renewed capital s
payable after December 1.
ILLINOIS BONDS.—We learn from the Sangarail'grk:
nal that the State Bonds belonging to our State ,133.11 i,
which were deposited with Messrs. Nevins and l'9" do
end, of New York, have been returned and placed slots
Bank at Springfield. The most erroneous statelloca
with regard to these bonds have been made by the
0
Fee° papers.—Chicago American.
The depositors in the Commercial Bank of Buffs°l.l,lc
received pretty nearly all the assets of the Bank food lii
deposits. The injunction on the Bank was servbo
'
Albany and New York on the same day (gondaY) id
owing to the absence of Mr. Starr, who had Viloetin.
Jamestown, the injunction was not served at puii.
til Wednesday—two days afterwarde. that tho
The Buffalo paper contradicts all the rumours t ,„.
Chatauque County Bank had suspended • 31'd
' RoCIIC'i
cheater Democrat denies the story that the 13,4
City Bank had stopped. The Democrat says the sold
is doing its accustomed business, and i 3 In t‘ f
condition. arts °
There is more demand for Exchange on some P
the South to-day, but the rate has not changed' 40.45 Y.,
There is a good deal doing in sterling bills ' poi
at 109. to 1091-, and the Banks draw at 110. On, , po
the rate is 525, and bills abundant. At these rates
more specie will go. deorbtr
The weather is so stormy to-da tl at all out-
-37 I
siness is suspended. *- a I,'
115
The Great Western will take a large amount
to-morrow.
the iter
LAW IN TEL LIGE SC
__....____. , DAYY
CHANCERY COURT.—(THI° --
of
NEILSON V. lIARFORD. ~ re"-
This case came before the Court upon motion "" vice
an injunction which had been granted by thecotter/
Chancellor of England, but dissolved by Lord
ant AO
ham, for the purpose of restraining the defendaloioift
infringing a patent that had been granted to the Ph, 1115
The patent in question had been taken out on ! 0- in 0
of September, 1828, and it would therefore eqtro jar
few months. The nature of the patent was f°rt diseo-
provement in the smelting of iron, and the grel!ff 05
very that had been made by the Plain° i°
Oda
applying air that was used in blast furnseiees leo"
heated state. Before this discovery ties it
l
of smelting iron had been to put Y„‘lptrov,t4c
and fuel into the melting furnace, and theull to
"
blast, to blow cold air into the furnace. At ihflgir 0 ,eirsl'36
was the general opinion of the manufacturers o•rocie*".
cold air was preferable to hot. Mr. Neilson hillit forit'
covered the rise of the hot blast, obtained a rteable 01i
the invention had turned out to be a most invil'i; eat,h;t,
and a great number of manufacturers had taice-red
ceases fur using it. It having been disco° bill 1
the defendant was infringing the patent, 4 ode;
filed in December, 1840, and an application W6sft to i"
the Vice• Chancellor of England, for an injuncti injui3V
strain the infringement. The Court granted tricei cotter
tion. Upon an appeal being brought before Lod the nin;
ham against that decision, his Lordship ordoredertaltr?
l
junction to be dissolved, upon the defendant to n 00,4
to keep an account, and the plaintiff bringinVodial,
at law to try the validity of the patent- 'which '',.c
an action was brought against the defendant,
veal
' 1 dA
tried in the Court of Exchequer, and a iss°
given in favour of the plaintiff in all the niateritabiish
In this state of things, the plaintiff having es
no . 11
the validity of his patent in a Court of Law, :ion, lilt
plied to the Court for the renewal of the injuntie",,phtn
The Solicitor-General, Mr. Bothell, Mr•,`"'h: Attlr;
and Mr. Butt appeared for the plaintiff, and " aie "- 1
ney-General and Mr. Richards were Counsel Ibr '
fondant. re P"''
The arguments on behalf of the defendant 'cc
ceeding when we went to press.
irl A. 111) 1,
ROLL'S COURT—(THIS x--- 00°'
The Master of the Rolls was occupied 0 the of littler!
in hearing consent petitions and short cause' ' '
general interest.
et 4
BARTON V. WIIITEHOUSE. 0 $
This was a suit' to administer the estate of tht.oolll
George Barton, who by his will, of which the de
lid peoti:
was the surviving executor, devised all his ront:fleio.,n' j
sonal estates to trustees on trust, subject to an 8-,,,c15,'",.,.
2401. to his widow, to receive the rents and Prt'e`-„er '°:l
employ so much of them as they should think POr 01
the maintenance and education of his four chit re
they should have attained the age of twenty. °lle to thl
and then to stand possessed of the same, subjee, ,itbou
said annuity, for the benefit of his four children 0,81.000'
naming them) their heirs, executors, adminisi 00'
and assigns. The testator died, leaving foil!, 01:
dren, and his widow having died also, 'Baste'
now prayed that it might be referred to the ijdre,A4
to inquire whether the plaintiffs were the c";11'
referred to in the will of the testator ; whether it :03e5
be proper for the surviving executor to renew the • wer°
of some leasehold estates, the terms of whiebralii
nearly expired ; and that the estate might be ben
administered. i iet I°'
The MASTER of the ROLLS directed a prelio-a
quiry, respecting the children of the testator.
DAY V. CROFT. r ejecttliek°
In this suit it was prayed that an action °. d-pro°,-5'
might be continued against a tenant naineby the fit";
who was in possession of a farm let to hini„ofithlta,iso
tator, and which he refused to deliver up, tilt ; an`;.,,ja-
ing that he had received proper notice to qa3l
aster 0.,
ro,
praying that it might be referred to thetftke 50Y„Pt of
quire whether it would be expedient t 0 ;-be alOchea
ceedings against the tenant for recovering, "t„,stator,, rug
a valuation agreed upon between him att' t of 'c'Xiag
he entered upon the farm; and also the apt hie hol,'l
rent that had become due, in consequence ol• '
oven—Order granted.

VICE-CHANCERY.—(THIS_
u r..r.DNA7.)
(Before the VICE-CmicEott Of ILsal"-
OAKES V. HARVEY AND ORDllO°Ptu.. to c-
g
Mr. RICHARDS applied to dissolve an 0 17 ...straw -0
Lion granted by the Court in January, 1831'
the defendants from negotiating three bills of e 5.-00010
for the sum of 1,2501. each, drawn by resentlalie
favour of John Whittle Harvey. The p _ha pito
Lion was made on behalf of the defendant Grit:lll'N'
whose possession one of the bills had come. fleg;
It appeared that Mr. Harvey had set up a 13611-.llyoon,„'
gheonritileinmathneryeesiadrinlgB3inl
rtaalnyd,
atthethpelatiinnateiff, ,apOpaiteeds't-ofiisoooii
the month of September of that year for a loan !rots ')(
Harvey gave him a draft for that sum on t'ineon
receiving, in compensation, three bills of Esela. tu"
1,2501. each; payable after five years' date, bereitor
amount of the bill, and of a bonus upon it of 5001 woittal
terest upon the entire sum. It was alleged, however,
bank of Harvey was not a bona fide concern. SephsP;
for 2,5001. was made payable at Rolfe's, in Le_Ati to ,
street ; but it was found, when it was atten3Ptn pie
the bill cashed, that there was then no firm of to7ticy,'
Rolfe having previously absconded. The dr-0P
Grimwood, for whom this application was tnaue;
coach-builder and a horse-dealer in Italy. Somme
actions had taken place between him and Ilarlfefol'oo<'
whom he had deposited certain bills and sums °"-bio)
to the amount of 8501., and who was indebted to 1851'
the price of a coach. Towards the end of the feiarboil
Grimwood heard that Harvey, who was thus ind,i sob;
him, was fitting up a yacht, and that he was suPPn.ft°'
upon the point of effecting his escape on board ofi!,3 oat'
Leghorn with any property he might possess. °se MoD,
therefore to claim the money due to him froto
who invited him on board the yacht, where 11 b7she:
should be paid. Grimwood refused to go, ,11Intiofh;'
received one of the bills of exchange accepted PI :•P't
fendant Oakes, in payment of the sum due to bilforll°
reason assigned by the applicant in his afficia/
having sooner moved that the injunction show
or JV
solved was, that he had been in Italy since the Ye
,tir
until the month of September last.
faciltoirsylith the the per
• t the P
had originally been granted. In that bout giving
ohxaonun the aui dffitdhaayti
to
outphotg
we °build be more .11rinWolli
tiff merely stated that lie believed, with"t ci tilti+
ground for that belief, that GrimwooLl had acted 00,9,4
fusion with Harvey. The affidavit of Orin3"l°,ll,
on the other hand, that he had come fairl:/ to ta",
exchange ;I. and in the absence of any e 07,0
contrary, his Honour was bound to credit lt• b uhl
therefore, of opinion that the injunction 5 °
dissolved.

DAY.)

QUEEN'S BENCH.-0714-
0, ~I~ga• IV
PRICE AND OTHERS V. SEWARD 1.101.,1,-rf ote% to
(tswaitnhdlivmhpoomrtewrsasofMtra:,..T ..-A, sco.t ''„e„a
extensivec case. TT uhmeEseiprGelaEhißanntiffs, Sir Charles Pri le an' ntioe,"-ho
ture- ii,l toi
other matters, carrying on business at poplar,i; Cave,
defendants were steam•engine•manufactur Os at ~3 oTof
Iron Works, near Mill-wall, and the quc..'tion 'rboe"be
ther a piece of ground in the immediate ue4, rtli/°t!oyed tot,
the plaintiffs' premises, and which they had nt,li; or f 1,9•4
use of for nearly 30 years, was a public is ITjgec;"ol
In 1801, the Corporation of London ma,rie 'by Loe P-01
to the Isle of Dogs, and they having pure.hased, TO: i 0
than was necessary for the purpose of tLie .-1,,
.0 ';iot,
canal, which was called the City Canal, they, s ques'ot
portions to different Cottres, and the ground in lisaiple
was sold to Price and ln 1812 an Act of Pal theyie
was passed to make a road, called the Ferry- road,i°,.. . 1 ibe
of Dogs, and in that Act power was given to Sr; '-' :0 ~,,
to stop up the public pathway which went a or° (10,0
ground they had purchased ; but they did ju it.ie, Po.
Now it would be shown that from 1812 the plaii t1'..0 tk;,.
constantly used that piece of ground for deposit! PfriKft
barrels of tar and turpentine upon, still leaving I,iatio
way down to the Mill-wall. The right of the Editil,
was never disputed till July, 1840, when the del !, wll°.o
came with a large body of nearly two hundred me L:,,eser,o
a scuffle took place, and the plaintiffs, in order to I ',00_,1
.+ween neighbours until the right of the. :pro
hmartt oL,l:aslev,
barrelssuna
cirwtetaeedtre.edplititawe
nact:,
Lis:Ll:l
c.ralv,;_l;,
licreu
that 1.1:' t ill
d
scr le
peace
pit 'iwYmt ): 3, PdLyeewa
I:di'aoediulfet,dnawdinbenadeenbbntstsh-h'
the-otl.itv
atbh distinctlyaeryret Is ao_. i 1 1
(,
a,:erwrecid,aa:
5.,. :i;
soil
itilt)r,
The pia miffs admit.ttield
),
i4447o:fetdfo,e
niandntadenrbtesee contendedrteows: show
t 1 1 that
a theyt itv IT °hut; that. on,,:thet), , €OIP
' Am* that the ground in question was li Wu
t h e thep
91
a iunbt lef
fs , oai: b"i,_r::06534: 's'
13