The Sun.
London, England, 1841-03-13 00:00:00

THE SUN, LONDON, SATURDAY, MARCH 13, 1841

tions to suspend the rules on such questions as the appointment
of a Select Committee to examine the clerk's accounts, and,
indeed, a great portion of time is constantly occupied in dispos-
ing of similar questions.
Another cause of apprehension is, that the Harrison Admi-
nistration may not be sufficiently strong to resist the democra-
tic wish for war. It is important to remember that General
Harrison was chosen by a greater strength of popular votes
than was ever previously known in the history of the American
constitution, against the Van Buren party, who had been years
in office. It may be satisfactory further to state, that the
American Congress necessarily expired on the 3d instant, one
day before the exit of the Van Buren Administration. One-
third of the Senate is changed or re .elected every two years,
and the whole of the House of Representatives, by the consti-
tution of the United States. Each State &ass its own period
for the election of new members.

An animated debate took place in the Senate on the 12th
of February, on the Bill for authorising the issue of Treasury
notes to the amount of five millions of dollars.

Mr. Clay spoke against the measure with great force, and
dwelt upon the embarrassed state of the public finances with
much energy. He contended that the proper way to supply
the wants of the Treasury was by a loan, and observed that
the Van Buren Administration had provided the means of
carrying on the Government, while they remained in power, by
anticipating the receipts, and throwing the burden on their
successors. The anticipation was made by the issue of Trea-
sury notes, under the allegation that the future income would
be sufficient to absorb them. That was an easy method of get-
ting out of the difficulty; but it was well known that the esti-
mates had been greatly overstated. They were put down at
nineteen millions; and had it been necessary to put them down
at twenty-five millions, to show a balance, it would have been
done. '1 hey had been increased, on mere wild conjecture,
from thirteen millions since last year, although, in consequence
of the suspension of specie payments by the United States
Bank, letters had been received from the Secretary at New
York that there would be a falling off in the Custom-house of
not less than one million of dollars.

LAW INTELLIGENCE.

VICE- CHAN CELL OR' S COURT, MARCSI 12.
His Honour, after disposing of the unopposed petitions and
short causes in his paper, proceeded with the further argu-
ments on the part-heard case of Turner v. Trelawney, the
facts of which we have already given at length. The argu-
ments, which have already occupied two days. were not con-
cluded at the rising of the Court, but appear likely to occupy
several days longer.

ROLLS' COURT, MARCH 12.
JACKSON V. COCKER-IMPORTANT TO RAILWAY PRO-
PRIETORS.

The bill in this case was filed for the specific performance
of an alleged contract for the purchase of forty shares
in the Bolton and Preston Railway, for the indemnifica-
tion of the plaintiff, in respect of the calls which had been
made on the shares, &c. The case was shortly mentioned in
The Sun on Thursday, and at the conclusion of the arguments
yesterday, the Master of the Rolls gave the following judg-
ment (from which all the circumstances of the case may be
collected) but at too late a period of the day to admit of a re-
port of it in our Evening Edition.
His LORDSHIP observed that the case was certainly one of
the first importance. In the month of July, 1836, certain
persons proposed to apply to Parliament for an act to autho-
rise the construction of a railway from Bolton to
Preston, in Lancashire. For that purpose they en-
tered into subscriptions. Two things were import-
ant for them to do, one to come to such an agreement
amor.gst themselves as should provide for a due contribution
towards the expenses, whether the project succeeded or not ;
another, that they should comply with the regulations laid
down by Parliament in ca-es of applications for Railway Bills.
Subscription contracts must be made to a certain amount in a
certain manner before a Bill could be introduced. But the
transferable shares of the capital, the proprietorship, if it could
be so called, was the result of the Act, and of the powers
and privileges given by it. The Subscribers had divided their
subscriptions into shares, and had taken upon themselves to grant
certificates as evidence of the right to, or of the right to ob-
tain, shares, and these certificates were called scrip certificates.
Not only had such certificates been granted, but they had been
bought and sold ; and, as was too well known, they had been
made the means of gambling, of bribery, and of frauds of the
most extensive character. Whether or not they were legal in
any event was a question which perhaps deserved greater
consideration than it had received in this case. It did not,
however, appear to his Lordship necessary to decide it on the
present occasion, and considering that, in this case,
there was no imputation of fraud or of mal-practice
of any kind, the nature of..the transaction must be looked at,
for the purpose of seeing 'whether, from the facts which be-
longed to it, the foundation of any such' right could be disco-
vered as that which was now claimed. That which was called the
subscribers' contract appeared to have been entered into in the
month of July 1836, before the date of one of the certificates
which bad been produced. 'Certain persons having subscribed
and made themselves liable to one another for the ex-
penses which were to be incurred, they did what had
been done on many other occasions, called their sub-
scriptions "shares." To each subscriber was delivered as many
certificates as he had shares. His Lordship then read oue of
the certificates, which was as follows:—" Bolton and Preston
Railway. Certificate. 501. Share. No. 1,510. The holder
of this certificate having signed the subscribers' agreement,
and executed the Parliamentary contract, is the proprietor of
the above share in the undertaking. Benjamin Hick, Bevja-
min Dobson, members of the Committee. Bolton, 13th July,
1836." The holder of that certificate was the proprietor of
the above share in the undertaking—a share which could not
be (constituted, and could not exist until after the Act
of Parliament, incorporating the Company, had passed, and
giving them the means of having a joint-stock divisible into
shares, which were transferable. The first holder of that cer-
tificate was a person who had signed the subscribers' agreement
and executed the Parliamentary contract, but was not a pro-
prietor—he was only a person who, if the Act of Parliament
passed, would be entitled to become the proprietor of a share.
He passed it into the hands of another person for a valuable
consideration. That other person signed no special agree-
ment, and did nothing by which he bound himself
in any way to indemnify the party from whom he
received it in respect of his liabilities. The certificates were
now in the hands of the defendant, a person who had done no-
thing whatever but pay a sum of money to another. He had
not signed the subscribers' agreement; he had not executed
the Parliamentary contract, and was not, either at the present
time or prospectively, a proprietor in the undertaking, because
he had not done those things. But then, it had been argued
that having possessed himself of the certificate, he must be un-
derstood by law to have taken with it an obligation to do all those
things by which he would constitute himself a proprietor ;
and be subject to all the obligations and liabilities of a proprie-
tor. Then came the question whether the law would raise such
a special contract as that in a transaction of this sort? His
Lordship had heard no argument to convince him there could
be any such implied contract. The certificate was expressed
with great ambiguity, and he rather suspected with studied
ambiguity. It told the party that if he did certain things he
would become a proprietor ; namely, if he signed the Parlia-
mentary contract—if he executed the subscribers' agreement—
and if the Act of Parliament should pass. One argument
that been used was rather extraordinary. It had been
stated that the brokers, who dealt in these certificates or
securities, found they could not procure so good a sale if they
clearly expressed that which was intended on the part of the
vendor. The vendor, meaning that the law should raise such
an agreement as was contended for, did not think fit to ex-
press it, because, if he did, the purchaser would be on his
guard, and would not enter into such a contract.. In con-
clusion, his Lordship said he could not find any such contract
expressed or implied as had been contended for ; and there
being no such agreement, in his opinion, as the plaintiffsought
to have specifically performed, the bill must be dismissed, with
costs.

FROM LAST NIGHT'S GAZETTE

LORD CHAMBERLAIN'S OFFICE, Alwacit 11.
Notice is hereby given, that her Majesty will hold a Levee
at St. James's Palace, on Wednesday, the 24th instant, at two
o'clock.

REGULATIONS TO BE OBSERVED AT THE QUEEN'S LEVEES, AT

ST. JAMES'S-PALACE.
The Noblemen and Gentlemen who propose to attend her
Majesty's Levees at St. James's-Palace, are requested to bring
with them two cards with their names thereon written, one to
be left with the Queen's Page in attendance in the Presence
Chamber, and the other to be delivered to the Lord in Wait-
ing, who will announce the name to her Majesty.
Those Gentlemen who are to be presented are hereby in-
formed, it is absolutely necessary that their names, with the
name of the Nobleman or Gentleman who is to present them
(not that of the Lord in Waiting), should be sent to
the Lord Chamberlain's office, before twelve o'clock on
the day but one previous to each Levee, in order
that they may be submitted for the Queen's ap-
probation ; it being her Majesty's command, that no presen-
tation shall hereafter be made at the Levees, but in conformity
with the above regulations ; and further, that no per,on shall
be admitted, on any pretence whatever, who has not been so
presented.
It is particularly requested that gentlemen, who are to be pre-
sented at the Levees, will have their names distinctly written
upon the card to be delivered to the Lord in Waiting, in order
that there may be no mistake in announcing them to the
Queen.
The state apartments will not be open for the reception of
Company coming to Court, until half-past one o'clock.

BY COMMAND OF HER MAJESTY.
NOTICE is hereby given, that all persons having Peti-
tions or Addresses to present to her Majesty at the Levees,
are to write on two cards, with their names, a statement of the
object of such Petitions or Addresses, and of the persons from
whom they come ; one card to be delivered to the Page in the
Ante-room, and the other to the Lord in Waiting, who will
read its contents, at the time of presentation, to her Majesty ;
and, on these occasions, no other statement is to be addressed
to her Majesty.

WAR-OFFICE, MA 'tell 12.
sth Regiment of Foot—G. Ledingham, M.D., to be As-
sistant-Surgeon, vice M'Bean, appointed to the Staff, March 12.
20th Foot—Lieut. F. C. Evelagh to be Captain, by pur-
chase, vice Campbell, who retires ; Ensign H. 0 de Crespigny
to be Lieutenant, by purchase, vice Evelagh ; W. P. Radcliffe,
Gent., to be Ensign, by purchase, vice de Crespigny, March 12.
32d Foot—Brevet Lieut.-Col. W. P. Yale, from the half-
pay Unattached, to be Major, vice J. Birtwh.stle, who ex-
changes ; Captain J. I'. Hill to be Major, by purchase, vice
Yale, who retires ; Lieut. J. Dillon to be Captain, by pur-
chase, vice Hill ; Ensign E. W. D. Lowe to be Lieutenant,
by purchase, viee Dillon ; F. Yard, Gent., to be Ensign, by
purchase, vice Lowe, March 12.
33d Foot—Captain A. L. Macleod, from half•pay Unat-
tached, to be Captain, vice A. Robertson, who exchanges ;
Lieutenant H. K. Erskine to be Captain, by purchase, vice
Macleod, who retires ; Ensign J. B. Neil to he Lieutenant, by
purchase, vice Erskine; F. J. W. Knollys, Gent., to be En-
sign, by purchase, vice Neil, March 12.
36th Foot—H. A. Cubitt, Gent., to be Ensign, without
purchase, vice Jennings, promoted in the 91st Foot, March 12.
42d Foot—Assistant-Surgeon J. M'Gregor, from the Staff,
to be Assistant-Surgeon, vice Dr. M'Gregor, promoted,
March 12.
50th Foot—Lieut. H. Stapleton to be Captain, by purchase,
vice Montgomery, who retires ; Ensign C. Green to be
Lieut. by purchase, vice Stapleton ; B. Beliers, Gent.,
to be Ensign, by purchase, vice Green, March 12.
60th Foot—Second Lieut. H. Holbech to be First Lieute-
nant, vice Ellis, deceased, March 4 ; G. W. Biigh, Gent., to
be Second Lieutenant, vice Holbech, March 12.
73d Foot—W. C. Bisse, Gent., to be Ensign, by purchase,
vice Nugent, who retires, March 12.
91st Foot—Ensign E. W. Jennings, from the 36th Foot,
to be Lieutenant, without purchase, vice Barnes, promoted,
March 12.
94th Foot—Lieutenant G. Dorehill, from the 97th Foot, to
be Lieutenant, vice Bruce, who exchanges, March 12-
97th Foot—Lieutenant R. Bruce, from the 94th Foot, to
be Lieutenant, vice Dorehill, who exchanges, March 12.
98th Foot—Lieut. C. J. Brandling, from half-pay of the 3d
Foot, to be Lieutenant (repaying the difference), vice Harri-
son, promoted ; Ensign J. Montresor to be Lieutenant, by pur-
chase, vice Brandling, who retires ; Henry Dallas, Gent. to be
Ensign, by purchase, vice Montresor, March 12.
HOSPITAL STAFF.—Assistant-Surgeon J. A. D. M'Bean,
from the sth Foot, to be Assistant-Surgeon to the Forces, vice
Al 'Gregor appointed to the 42d Foot, March 12.
MEMORANDU3I.—The date of the Commission of Ensign
G. C. Urmston, 3d West India Regiment, is the 6th, and not
the sth, March, 1841.

Commissions by the Lord Lieutenant of Nottinghamshire.
Southern Regiment of Nottinghamshire Yeomanry Cavalry—
T. G. A. Parkyns, Gent., to be Lieutenant, vice T. I. Wright
resigned : R. helham, Gent., to be Lieutenant, vice J. Rol-
leston, deceased; J. Morley, Gent., to be Cornet, vice T. G.
A. Parkyns, promoted.

FOREIGN OFFICE, FEB. 20.

Her Majesty has been graciously pleased to appoint Walter
William Lewis, Esq., in the room of William Henry Macaulay,
Esq., to be her Majesty's Commissary Judge ; Michael Lin-
fling Melville, Esq., in the room of Walter William Lewis,
Esq., to be her Majesty's Commissioner of Arbitration ; and
Charles Brook Bidwell, Esq., in the room of Michael Linning
Melville, Esq., to be Registrar, to the Mixed British and Fo-
reign Courts of Commission established at Sierra Leone under
the Treaties and Conventions concluded with Spain, Portugal,
the Netherlands, and Brazil, for the suppression of the Slave
Trade.