The Sun.
London, England, 1841-07-05 00:00:00

FOREIGN FUNDS.

Austrian, 5 per cent 101 Portuguese, 5 per cent.
Belgu.n, 5 per cent — Ditto, New Ditto 3ll
Brazilian 80nd5.......... 671 Prussian, 5 per cent.
Buenos Ayres, 6 per cent Russian, 5 per cent —
'Chian, 6 per cent...—. 611 Ditto, Metallic
Colombian, 6 per cent... Spanish, 5 per cent 213
Ditto, 1824 :.. ..... Ditto, Deferred —
Danish, 3 per cent 7B French, 5 per cent. —f. —c.
Greek, 1825, 5 per cent — Exchange —f. —c.
Mexican, 5 per cent.... French, 3 per cent —f. —c
Ditto, 6 per cent, 182.5. Dutch, 21 per cent. ... 513
Peruvian, 1825, 6 per ct. Ditto, 5 per cent.......... 1001
SHARES
Great Western Railway (65 paid) 9l
Ditto New Shares (50 paid 62
Ditto Fifth (4 paid) lO3
London and Brighton (50 paid) 45
London and Blackwall Railway (25 paid)... 16
London and Birmingham Railway (90 pd) 160
Manchester and Leeds (70 paid) 5ll
Ditto New Shares (30 paid)
North Midland Railway (100 paid)

SPIRIT of the PUBLIC JOURNALS.

THE QUARTER'S REVENUE.
GLOBE.—Although unable to express ourselves with
certainty as to the general results of the quarter's
revenue, as it will be exhibited in the official tables,
which will not be made up until a late hour to-
night, and which we shall give in to-morrow's pub-
lication, we have reason to believe that those re-
turns will show that tho existing restrictions on the
trade and commerce of the country are working
gradually, but certainly, those consequences to the
revenue, which they have already, to a fearful ex-
tent, produced on the labouring classes who are de-
pendent on them for support. The fearful pressure
of privation and distress upon the industrial classes,
caused by diminished wages, where they are able
to obtain employment, and their consequent utter
destitution of means to purchase to an extent at all
approaching to the usual consumption, exciseable and cus-
tomary articles of food, naturally acts upon the revenue,
which largely derives its supplies from those sources.
We anticipate that this consequence will present itself in
the official statement which will appear to-morrow ; and,
in the unmistakable language of fact, will warn the mo-
nopolists, and those who have identified themselves with
their system,_ against persisting in a course which is
pregnant with certain ruin to the country.
STANDARD.—The county elections for England and
Wales will generally be held in the course of the week
comprencing this day, and it is quite impossible to
over-rate the importance of their result. It is true
the city and borough elections have proved beyond
hope favourable to the Conservative cause ; but it
would be wrong to rest supinely upon the ground
thus won. The influence of Romanism in Ireland,
end the effect of the non-intrusion dispute in
Scotland may balance all that has been gained in
this part of the United Kingdom. These considera-
tions must satisfy the agriculturists that they cannot spare
a single ,seat to their adversaries—every county must
send men resolved to protect from a threatened ruin those
by whom county-members are elected. - Upon the. most
favourable supposition as to the present state of affairs,
the supposition that Sir Robert Peel will have a
moderate majority in Parliament (that he will have
some majority is already certain), still the agriculturists
cannot consider themselves safe. A menace has already
been , thrown out, that if parties be divided with
any near approach to equality, the Quien will be
',advised to resort to another dissolution : and in
the times in which we live it is no answer to
the menace to say that its execution would he
criminal, , unconstitutional, and all but treasonable.
•We have seen expedients as wicked resorted to : it is
only by ensuring a great majority that this atrocious
step can be effectually obviated ; and a great majority
can be ensured. if the farmers of England only do their
duty to themselves, their wives, their children, and their
nountry. Of them, if of any single class, we may say that
the:7 are emphatically " the people of England"—the pri-
mary soi:rces of its strength and opulence—the living re-
presentatives of the national characteristics--the depo-
sitories of the honour and safety of their country. , If
they speak firmly and unanimously. no minister will
be so desperate as to disregard their voice ; but if they
allow an appearance of division among them, there are
other classes ready and eager to usurp the proud station
which they will thus abdicate ; and of the support of
these other classes a profligate Ministry may avail them-
selves to sacrifice the agriculture of the United King-
dom, or, rather, they will promptly buy the support of
these other classes by the sacrifice, as they have already
shown themselves willing to do. Let the farmers,
then, coolly contemplate- their present position.
Sir Robert Peel, noble and patriotic as are his dispo-
sitions, unrivalled as are his talents, will not be able to
support the agricultural interests arid the other interests
of the country, if not supported by a great majority.
The great majority it rests / with the farmers of
England to give him—and they are the parties inte-
rested above all others in his obtaining it. This is the
farmer's opportunity : it is only at a general election
that lie can act, and it is only by securing friends at a
general election that he can provide a permanent orra,n
' for the expression of his wants and wishes, and a constant'
and vigilant guard for the safety of his dearest interests.
COURIER —The returns, as will be seen elsewhere,
continue their favourable course for the constitutional
cause, the fitting commentary upon which may indeed
be read in characters not to be mistaken, in the gloom
and despondency by which the Whig-Radical press,
lately so loudly boastful, is now overcast—
" The dawn is Overcast—the morning lowers,
And heavily in clouds brings on the day
Big with the fate of " -
Russell and O'Connell. The weekly an daily ton of
that press is now wasted in elaborate strains to
prove that Sir 'Robert Peel may achieve, but cannot
retain' office, or ..;"%lier, • that upon certain given
calculations and logica2 deductions therefrom, he
ought no more to aspire to did- triumphs of the Legis-
lature and the Cabinet, than, by a -.`imilar process of
ratiocination by the same-sagacious critics. 1351 days of
yore, the great Duke was justified in marchip7 from
one victory to, another, in defiance of all the rules 65
war and military tactics, as then authoritatively laid
down by the Edinburgh Review, and the Aulic Council
of Holland House. Our honest Radical Contempory. the
Spectator, indeed, oracularly hints in no ambiguous
terms at certain political coups d'etat and bedchamber
intrigues, by which the progress of Sir Robert towards
the Treasury is to be stopped in linzine ; the coup d'etat
bugbear, assuming the formidable shape of a Whig Privy
Council, by which the Right Hon. Baronet and his
Cabinet are to be superseded and overshadowed,
whilst the successive champions who are to carry
out the bedchamber plots, and scatter dismay and dis-
order through Conservative ranks, are, mirabile dictu,
yet unborn, although, after the appointed period of
gestation, they will be found armed cap-a-pie for
the fray starting bodily from the very head or loins of.
Majesty or Minerva. Well satisfied as we are that ma-
chinations such as these discovered and denounced by
our witty and well informed Contemporary do really
haunt the reveries of philosophic blue stockings like Mr.
Macaulay, and palace politicians like ladies of the bed-
chamber and the nursery, again gracefully lisping their
first lessons about—

" The babes in the wood"—

yet as we may not gravely treat of them without min-
gling up in some sort the Royal person with the discus-
sion, also so indecently and disloyally paraded on all
occasions' as in disreputable alliance with Whig-Radical
parties and purposes, we shall not expose ourselves to
the possible construction of an indecorum through the
malignity of opponents, by pursuing a theme otherwise
so temptingly ti•ui tful of materials for reflection or
ridicule.

AN ANTIQUE PRINT.—It is stated that a
discovery has been made in the library of the Arsenal in Paris,
of a second copy, unlettered, and in fine condition, of the cele-
brated print of Maso Finiguerra, representing the Assumption
of the Virgin ; a copy of which existed in the Bibliotheque
Royale, and was eonsidered an int aluable relic, and important
to the history of the art of printing from engraved metal plates,
this antique specimen being upwards of 400 years old.
The venerable Lord Lynedoch and Lord Ran-
furly came passengers in the General Steam Navigation
Company's vessel the Menai, from Ostend, on Saturday,
the 3d instant. Lord Lynedoeh is from Malta.
DEATH OF Mits. MOUNTAIN.—This once
charminc, English singer died on Saturday, at her resi-
dence in Hammersmith, at a very advanced age, highly
respected and deeply lamented by a numerous circle
of friends. She made her first appearance, as
Miss Wilkinson, at the Haymarket Theatre, in
1782, with very great success ; and at Covent Garden
in 1786, where she became acquainted with Mr. Moun-
tain, leader of the band, to whom she was married, and
who survives her. Mr. Mountain is one of the principal
second violins belonging to the Philharmonic band. Mrs.
MountainmoNA retired from
COUNTY.—
stage in 1815.
will be no.
contest in this county—one Liberal and one Tory will be
returned. It is a shame for the wealthy Whig. landlords to
permit:such a base compromise with the Tories.—Dublin
Monitor.—lf Lord Rossmore, who owes much to Lord
Melbourne's administration, did his duty, the selfish fear
of losing a few hundred pounds in a contest would not
doter him from doing his duty by his party and his
country, and causing the ejection of a Tory Member
allowed to this county solely on sufferance.
It is stated that the distribution of their colours
to the new regiments of infantry and cavalry will take place
during the F6tes of July. The three new regiments of Hus-
sars and that of Chasseurs, which are still encamped at Lune-
ville, are to set out in a few days for Paris; and three squadrons
from each of these regiments, on the full war footing, together
with two battallions from each of the 12 new regiments of in-
fantry. are to be present at the ceremony. In consequence of
this augmentation of force, the French army comprises 100 re.
girnents of infantry, with 300 battallions, and 63 regiments of
cavalry, with 315 squadrons.
GENERAL ELECTION.--We do not deny—it
would be puerile—that we are somewhat disappointed with
some of the results of the General Election. But, untoward as
they are, we are by no means so anxious as many of our friends
seem to be, of the ultimate result. At all events, it is the
bounden duty of every man, ne cede malis—sed contra auden-
tior ito! In Ireland; where, except in the North, we have an
honest and a pure constituency, we must work them well.
Whatever effect the returns may produce in the new Parlia-
ment, in Ireland. at all events, we shall have three-fifths of the
modem—Dublin Evening Post.

A letter from St. Petersburgh says—" On the
9th June ;the chief Committeb of Pilblic:Credit 'held its
anntar _ when. the. Lihiister . An:Luces I
presented a Report relative to the state of the
public debt of Russia up to the . end of 1840.
The Repoif states that on the Ist January last the
foreign debt . was 74,827,006 Dutch florins, and
42,231,819 silver roubles. The home debt consisted of
the Six per. Cent. Rentes, , amounting to 72,724,124
silver roubles, and of the . Five per Cents., amounting to
103,901,220 silver roubles.- In the course of the year
1840, the amount paid off was 8,700 sold roubles,
2,975,495 silver -roubles, and 61,651,980 assignats oldie
Six per Cents. Rentes, and 17,204,780 silver roubles of
the Five per Cent. debt. The silver rouble is 4f. 14e.,
the gold rouble, sf.
The Memorial de la Sambre,.a Belgian paper
asserts that the following-conditions were proposed bythe I
French Government to King. Leopold, during his Majes-
ty's last visit to Paris, as the basis of a commercial treaty
between France and Belgium, which conditions, it adds, the
Cabinet expected would be sanctioned by the French Cham-
bers:—" 1. 'The suppression. of the line of custom-houses
between the two countries, and the free circulation of
all produce, raw and manufactured. 2. The trans-
ferring of the line of French custom-houses to
the Dutch and German frontiers. 3. The admi-
nistration of this line, with the appointment and re-
vocation of the persons employed on it, to be left in the
hands of France, as a guarantee for her own interests
being duly attended to. 4. The remission to Belgium of
the net amount of duties received on her frontiers, with
the addition' of one fourth, that is, if the total should
amount, as at the present time to eight millions of francs,
the Belgian Treasury would receive ten millions." Such
an arrangement appears to us very improbable.
The Akbar, a journal of Algiers, publishes a
letter from the Queen, addressed on the 2d ult. to the
!Bishop of Algeria, acknowledging the receipt of one from
the Prelate, dated May 11, expressing her Majesty's
satisfaction at the information he gives her that hence-
forth a priest will constantly attend the army on its ex-
peditions, and, at the same time, conveys to the Bishop
the thanks of the King for taking this measure. Her
Majesty also inforins him that the King and herself are
rejoicedat the success of his negotiations for an exchange
of prisoners, adding that she had laid the affecting account
he had given of the distressed state of some of them be-
fore the King, who had ordered his Secretary to remit
to the Bishop I,ooof. for their relief. The Queen adds
that the two -Princes (the Dukes' of Nemours and Au-
male) had spoken with pleasure of his kind and paternal
conduct towards them, for which her Majesty thanks
him, and recommends them to his continued prayers.
The same Journal further says that the Bishop received
at the same time a letter from the King, not less expres-
sive and affecting.
DISGRACEFUL OUTRAGE.—It is with feelings
of the greatest, indignation that 'we are called upon to
record a scene of the most outrageous violence, which
took place at Kelso on the evening of Friday last. Be-
twixt ten and eleven o'clock, a riotous assemblage of
blackguards, apparently by previOus concert, appeared
in the streets of the town, bearing a gigantic figure,
which they declared to be an effigy of the Duke of Rox-
burghe. With this figure the mob paraded the streets,
stopping..in front of the house of Bailie Main, and at other
parts of the town, :and exclaiming " turn coat, turn coat,"
amidst groans and other marks of disrespect ; after
some more tumultuous proceedings, the gang proceeded
to the market place, where they soon kindled a fire, and
amidst the most fiend-like yells --Consigned the effigy to
the flames with exclamation's of " Here go the last re-
mains of Habbie Ker." That such an insult should have
been offered in the town of Kelso, to a nobleman in every
respect so well entitled to • the affectionate regard and
esteem of its inhabitants, is . indeed a stigma upon the
character of the place, which every respectable person in
the community is called upon to exert himself to the
uttermost to wipe off The Duke of Roxburghe and his
family are the most munificent contributors to every
useful institution in the town, to the pOor -of which they
have ever been most bountiful benefactors.—Kelso

LAW INTELLIGENCE.
COURT OF EXCHEQUER, July 3.

PICKFORD AND OTHERS V. THE .G RAND •JIINCTION' RAIL-
WAY COMPAN

Sir F. Pollock and Mr. Martin appeared for the plain-
tiffs, and Mr. Erie and Mr. Cowley for the defendants.
Sir F. Poi,Lock, in.opening the case, *said, that the
questions involved in this case were of the utmost pub-
lic importance, inasmuch as it would be seen that they
immediately referred to the point as to whether the V-
arious Railway Companies should or should not, Or *have
or have not, a right to establish and maintain, er, where
already partially established,
_continue -to 'maintain a
species of monopoly in respecttO2the carrying and de-
livering of goods by such respective railway,- The plain-
tiffs 'in the present instance had for many years' been
celebrated as very extensive carriers both by land and by
canal, especially to the 'northern • districts. Upon the
opening of the Grand Junction
,Railway, •of course it
became necessary that some change-in-the hitherto 'eitst-,
ing.state of things should be Made. It must; hewever,'
be manifest to everyman possessed of the ,ordinary ex-
tent of common sense, and the,powera of reasoning; that
it had never been in the 'contemplation of the Legisla,
ture, when giving its assent to the Railway Bills, that
such' enactments: vere to har=e the-effect of enabling. any
particular body ofipersons to establish one'of the greatest
and most. injurious monoplies With which a country could
be visited. 'He did not mean. thatrailways were not
calculated and capable of conferring, the greatest benefits'
upon the intblic, but he contended that to effect that ob-
ject they must 'be conducted on fair, equitable; and libe-'
ral principles. Where a common road had been made of
course the adventurer always had an eye to deriving a
pecuniary advantage, which advantage was to be gained
by means-of a toll, but it had never in any one instance
lbenti-4tenspted to be said that the road was to be used
by those adventurers and by nobody else. But in the
case of railroads the Companies, it appeared, in some in-
stances were disposed to impose such a toll and such
terms as amounted not only to a protective but to a pro-
hibitory duty. By these means it was manifestly clear,
if they were legally entitled to do so, that the Railway
Companies had the power to secure to themselves the
complete monopoly.of the carrying trade, not merely with
respect to.the conveyance of persons but as applicable to
the transmission of goods. He would; however, call the
attention of the Noble and Learned Lord on the bench
to the 31St clause of the-Act of Parliament, whereby au-
thority was given to every person who might think fit to
run a locomotive or other engine on a line upon the pay-
ment of the regulated toll. That clause, it would be seen,
gave the power to any person to place an engine on a
line.. But then it must be borne in mind, that in order
to obtain the requisite steam force water would be ne-
cessary ; and then there must be what was termed a
terminus and station. 'Well, the Railway Companies very
neurally would, in the event, of any person proposing
to act upon this particular clan e, say, " Very well, it is
quite true that that clause empowers you to run your
engine on our line, but the Act does not compel us to
allow you to use our water, or to abandon our terminus
and various situations to your use, and, therefore, the
moment you put an engine on our line we shall bring an
action against you for trespass." It was, consequently,
taking these things into consideration, a great question
whether this' clause had not been introduced into the rail-
way Act of Parliament for a perfectly illusory purpose.
At theperiod when the London and Birmingham and the
Grand Junction Rail Ways were completed, the plaintiffs,
as he had already stated, had been very large carriers,
and,Messrs. Chaplin and Horne had been in an equally
extensive line of business as coach-masters, and both
parties were invited by the Railway Company to avail
themselves of the rail for their carrying purposes. He,
could imagine that the chief object in sending for both
parties was to prevent, if possible, that extent of com-
petion in reference to the carrying branch which was of-
fered by the canals. Subsequently to the attainment
of the second Act of Parliament, whereby the London
and Birmingham and the Grand Junction Railways be-
came, as it were, for the transit goods, trucks from
London to Liverpool and Manchester one and the same
concern, an agreement had been entered into between
the defendants and the plaintiffs, by which the former
were to convey goods forwarded by the latter at the re-
gular tolls, but to make them all allowance in common
with others of the trade of 20 per cent. on the amount of
their tonnage of carriage. The agreement continued in
existence until 1840, when it ing proposed by the
Railway Company to connect their line with another to
Chester and Crewe, the, plaintiffs began to see what a
vast and fearful monopoly that and other similar ar-
rangements might throw into the hands of the .defend-
ants, and thereupon they had procured the insertion of
some protective clauses upon the subject in the Act.
Those clauses,- however, had been lost, but the endea-
vour on the part of the plaintiffs to obtain their preser-
vation appeared to have given such offence to the Direc-
tors of the Grand Junction Railway Company, that on
the 6th of June, 1840, they had served them with a
notice that the agyeement which was then in existence
between them must terminate at the expiration of three
months, namely, in the September following. On the '
arrival of that period, the defendants had refused to
carry the plaintiffs' goods further than Birmingham, but
had continued to convey those of Chaplin and Horne
the whole way. The plaintiffs had, therefore, since that
time, been compelled to keep a number of men at Bir-
mingham to unload their goods from the trucks on the
defendants' line, and to place them in trucks belonging
to the London and Birmingham Company. This could
not be accomplished without great expense. Prior
' to this the Company had charged ld. per
pound for goods, but afterwards they had drawn
np a new order Of charges, under which small
parcels were charged separately at Is. 6d. each, and upon
the plaintiffs sending up a bale for transmission they
had declined to forward it unless paid for by the parcel.
The consequence had been that the greatest source of
profit—that source which was looked to as the chief
profit arising from the carriage of parcels, whether by
coach or by waggon or by canal—the carriage of small
parcels—had been closeil against them. Another result
was that if. the Company (lid not choose to take the
word of the party who delivered the bales to them,
where any of the bales contained'parcels, that those par-
cels were all for one person, it rendered it a matter of
necessity that the rejected bales! must be opened. How-
ever, at,length, with a view to the adoption of legal pro-
ceedings, the plaintiff had sent a 'bale to the terminus,
and had tendered in paymout the sum of of twenty-
five shillings, which was in accordance with the usual
charge. The Company refused to accept that fanColn-4,
and demanded 44 Is. Bd., being the penny per pound
extra. Now it was very doubtful whether the Act of a
Railway Company empowered them to do more than to
be carriers on their own line. it did not
S, at any rate,
vest them with authority to become a " mall Pureels
Delivery Company"
in London—(Laughter)—that he
took to be coma clear. But they had entered into an
arrangement with Dic,ms, Chaplin and Horne, it ap-
peared, to the efttet that if Chaffin and Horne would
collect and deliver goods in town, and f0'514.1114 4elg'°°ds
to them, they would do the like with regard to the comitry.
Both parties had issued advertisements accordingly.

Chaplin and Horne were to receive 10s. per ton, which I
reduced the- ex pewit to, them of the transit by the railway
to 555. per too ; but the-Con:pany had refused to convey
goods 'for the plaintiffs 'utideethe'fulrcharge of 655. per
ton. Thus the plaintiffs were, in addition to the ob-
stacles which were thrown in their way at Birmingham,
compelled to pay 10s. per ton more than rival parties, it
being remembered, 'too, that those'parties had been coach
masters, and not cairiers, prior to Clio introduction' of
railroads. And then the Company said that the plain-
tiffs had nothing to do with any agreement they might
think proper to enter into with another establishment.
The natural effect of this conduct, as regarded the plain-
tiffs, must be their ruin. To what consequences—im-
portant
consequences to the public—must not the decision
of this question lead ? Suppose the plaintiffs were to be
Compelled to abandon their business ? Why, then, the
Company, in all probability,• would review their tariff,
and as there would then be no'competition in the market,
they would make just' such charges as they might choose.
He would pUt a case ::—StipposehiS Learned Friend (Mr.
•Erle) and himself had been the same circuit, and having ter-
minated their. labours, were to pack up their law books to-
gether in one parcel and send them up to town, they would
of course expect to pay for. one parcel. 13nt upon the plan
which had been introduced by the Grand Junction Rail-
way, as related to the plaintiffs,' they would he called
Upon to pay for two parcels: He contended that the
plaintiffs were entitled to receive the same allowance for
goods as was made in favour of Chaplin and Horne.
There was no doubt 'but that if railways were properly
and fairly nianaged—nanaged With a view to do justice
to all—that they would confer a great benefit on man-
kind at large. On the
.other hand, unless that were
acne, they would lead to a monopoly beyond even what
the mind would at first conceive.. •
Lord ABINGER—WouId •it not be -better that this
should be turned into a special case-? The questions in-
irolved are certainly of • the utmost importance, not
merely. to the parties immediately'concerned, but to the
public at. large. This -matter is of so much importance
that it ought to be maturely and deliberately considered.
A verdict was then taken for the plaintiff's, subject •to
special case; the parcels of
,the plaintiffs to be carried
by the:company, at the charge of eighteenpence per par- •
cel ; and an account of such parcels to.be taken until the
Court above shall have delivered its judgment.
Mr. ERLE said that he conceived he had a complete
answer to the statement made by his Learned Friend.
Lord ABINGER, addressing the jury, said there could
be no doubt but that the tendency of these Companies
was to lead to a great monopoly. He ought, however,
to say that -it could not fairly be charged against those
parties, as they had obtained their powers under an Act
Of Parliament, that it was
_their own. fault, and when it
had arrived at the poSition of a monopoly it would then
become requisite for the Legislature to interfere. Thero
Could be no.. doubt, for instance, that railroads would
put an ;end to canals; and with regard to travelling on
the road, he must say that he did not despair of living
to see the day when persons would be found to set up
vans, and so:restore the good- old'English method of tra-
velling, in which there had been' great comfort and ease.
They had too, in those days; been *able to stop at any
place On the road which they might be anxious to see,
and they had then also had the great delight of viewing
the country.through which they, were travelling. These
were advantages of which. they were . deprived by the
introduction .of railways. . .

COURT OF COMMON PLEAS, July 3.
BURDIDGE AND ANOTHER V. PLUMER.

This was an action to recover the sum of 66/. 9s. for
goods 'sold and deiivered.
Mr. Sergeant Bompas and Mr. Ifumfrey were Coun-
sel for the plaintiffs ; Mr. Sergeant Shea and Mr. C.
Jones for the defendants.

The plaintiffs were ironmongers in Fleet-street ; the
defendant was sued as one of a committee of gentlemen
formed for the purpose of establishing a newspaper
called The 'journal of the British Empire, and the de-
mand made, by the plaintiffs was for stoves supplied to
a house No. 346 in the Strand, where the business of
the paper was to be • conducted: It appeared that the
principal projector of the new newspaper was the Count
de Lisledone ; that his object was to establish a paper
thich should advocate the Guizot policy in this coun-
try, and that, for that purpose, he proposed to have on the
premises in question a salobn, handsomely fitted up, in
which he might receiVe foreign ambassadors. The meet-
ings of the committee were first held in Essex-street, hi the
Strand ; but they were subsequently removed to N 0.346,
Strand, where the stoves in question were supplied. The
most distinct evhichice was given that the defendant, Mr.
Spencer Perceval Plumer, was-present at nearly all those
meetings, and particularly at the meeting at which the
order was given, and at a subsequent meeting, when the
satisfaction of the committee was expressed at the very
reasonable price for which the articles hadbeen furnished
by the plaintiffs. The house in the Strand was taken in
June, 1840,'and the 'goods had been supplied at ready
money prices; a day was fixed for payment, but when on
that day apPlication was made, the committee was found
to be in great disorder, quarrelling among themselves,
and one accusing the other. The Count said that he had
the money in his pocket, and was extremely-ready to pay,
but hetmust ask his solicitors whether it would be safe, as
he might have to pay twice over. Nothing, however,
had been paid, and accordingly the present action was
brought. On behalf of the plaintiff the declaration at the
Stamp-office, dated July 15, 1840, was put in.; and in
that document the Count de Lisledone and the defendant
declared themselves proprietors.
Mr. Sergeant SHEA, in addressing the Jury, urged that
there was no distinct evidence . that the defendant was a
proprietor at the time that these stoves were ordered.
The jury, however, under the direction of the Learned
Judge,found.a verdict for the plantiff, damages 66/. Os.
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