The Sun.
London, England, 1847-12-11 00:00:00

No. 17;228.] LON DON, SATURDAY E E G

ROYAL HOTEL, GRAINGER-STREET,
NEWCASTLE-ON-TYNE.
CHARLES STATES solicits the Patronage of his BROTHER
TRAVELLERS to the above Establishment, which has recently
been newly furnished and laid out expressly for a Commercial Hotel.
The COMMERCIAL ROOM, one of the largest and most elegantly
fitted in the -Nonni, it is hoped will he found complete in every
respect.
The BED•ROOM3 (Sixty in number) have been furnished in a
style which must ensure the approbation of all visitors.
Gentlemen travelling with STOCK can at all times have SHOWY
ROOMS without any extra charge.
The Music Hsill, Lecture Room, and Royal Hotel Assembly Room
are all attached, and under the same management.
The Royal Hotel is in the most central situation in Newcastle.

OYAL POLYTECHNIC INSTITUTION.
&IL) LECTURES on AGRICULTURAL CHEMISTRY, by F. H.
Holmes, Esq., Daily at Half-past Three, and every Evening at Nine
o'clock, except Saturday Evening. TWO LECTURES by Dr.
BACHHOFFNER —one on the Laws of Nature, in reference
to the important subject of SANITARY MEASURES; the other
on the various modes of VENTILATION, in which the PHYSI-
CAL PROPERTIES of a JET of nTEAM will be exhibited, with
Novel and highly" Interesting Experiments, Daily at Two and at
Eight o'clock in the Evening. The ELECTRIC TELEGRAPHS
worked. Tho WORKING MODELS, explained. DISSOLVING
VIEWS. The CHROMATROPE. DIVING BELL and DIVER,
with HYDE'S NEW APPARATUS for CONVERSING under
WATER, ttc.
' Admission, Is, ; Schools, Half-price.

Just published, in One very large Volume, Bvo., uniform with Mess. s.
Longman and Co.'s Series of " One Volume Encyclopaedias," price
Si. 13s. 6d. cloth,
AN . ENCYCLOPZDIA of CIVIL EN-
GINEERING, Historical, Theoretical, and Practical. By
E. CREST, F.S.A., C.E. Illustrated by above Three Thousand En-
gravings on Wood.
London : Longman, Brown, Green, and Longmans.
Of whom in Qr lee had, price 21. 12s. 6d.,
MR. GWI LT'S ENCYCLOPEDIA OF ARCHITECTURE.

THE ELECTRIC TELEGRAPH COMPANY.
London, 345, Strand, September 1, 1847.

COMMERCIAL TELEGRAPH..

The works of the Lines for commercial communications between
the places enumerated below, embracing a system of Telegraphs for
commercial purposes only, and distinct from that reserved for the
special use of Railways, being so far advanced as to admit of their
completion by the commencement of the coming year, the Directors
think tkat the time has now arrived when it becomes their duty to
make known the arrangements which they contemplate for the ac-
commodation of the public.
stations will be opened in central situations in the Principal Towns,
whence Messages and Dispatches will be forwarded to and received
from all the other Stations of the Electric Telegraph Company.
In order to give to Merchants, Rankers, Manufacturers, and all
connected with trade, the greatest possible amount of information, a
Room will be reserved in each of the Company's Stations for Sub-
scribers, in which will be received, tabulated, and exhibited, all intel-
ligence of commercial or public interest ; for instance—
Ship Lists from the various Ports.
Share Lists from the various Exchanges.
inicee Current.
Stock Exchange Lists,
Corn Markets from the various Toirns.
Prices of Live Stock, &c., &c., &c.

In London, a Central Station, suited to the importance of the Me-
tropolis, is in course of erection in the immediate vicinity of the Bank
and Royal Exchange ; In this Station the whole Telegraphic News
of the country will be concentrated and forwarded in every direc-
tion ; and here, as in other Towns, a Room will be reserved for Sub-
scribers.
The Subscription to these Rooms will be Two Guineas per annum,
paid In advance, which will entitle Subscribers to the right of en-
trance to all the Subscription Rooms of the Company, including the
Central Station at London.
The foregoing details some of the advantages of the Commercial
Telegraph to Subscribers,—but the requirements of the Public in ge-
neral will be provided for by the Establishment of Offices, which will
at all times be open for the reception or transmission cf Messages
and Dispatches, while Messengers will be kept at the various Stations,
by whom dispatches may be sent out to any part of the Town where
the communication has been received by Telegraph at the Com-
pany's Station.
Subscribers' Names are received at the Commercial Telegraph Of-
fice, where any further information may be obtained.
The following are the Towns to which the Commercial Telegraph
will be first extended:—
London Barnsley Peterborough Chelmsford
Margate Wakefield Yarmouth Ipswich
Ramsgate Leeds Huntingdon York
Deal Halifax Hertford Darlington
Dover Rochdale Manchester Newcastle
Folkestone Hull Leicester Berwick
Canterbury Maidstone Derby Edinburgh
Northampton. Tunbridge Nottingham Glasgow
Coventry Gosport Lincoln Scarborough
Birmingham Southampton Chesterfield Bridlington
Wolverhampton Winchester Sheffield Stamford
Stafford Dorchester Bradford Norwich
Chester Bristol Wisbeach St. Ives
Liverpool Gloucester Lowestoff Ware
Rotherham . -Cheltenham Cambridge Colchester
J. LEWIS RICARDO, Chairman.

31 A I A G E.
One half the world are desolately single, and the other
supposing them married, questionably contented. Diffidence, or a
sense of right determine the former, and miscalculated hopes em-
sitter the latter. The solitary one may shield himself under the plea
of caution and worldly prudence, and the indissoluble, regret an-
comprosing harry ; but the treth lies deeper. Physical incapacity,
and broken health, are the great hindrances to domestic happiness
end social content. The dowry should not be the only marriage set-
dement. Honour end Justice demand that health should form an item
in the compact ;it alone dignities the alliance. Blighted hopes or
neglect wound more sorely than poverty or misfortune. Reader, if
these surmises concern you, procure Dr. CULYERWELL'S little
NIEMOIRS `On Single and Married Life," pub. in 2 vols., Is.
each (by post, in stamps, ls. 6d. each). Let no imaginatively
-ailed, or prudish feeling deter you, by their titles, nor be hindered
oy misinterpretation of their supposed contents, from obtaining
them. They are not intended certainly for mere idle cariosity, but
or the closet perusal of those mere deeply interested, to whom
they are offered as antagonistic to the empyrical trash put forth on
the above subjects, by unqualified authors, which alone or
tegether, are a disgrace to the age. Furthermore. two other
little publications claim your attention (same price is. each,
by post it. 6d.) called " What to Eat, Drink, and
Avoid," and " How to be Happy." They are not merely
pamphlets, but equal in quantity a library volume, nor are they the
mere ephemeral scribblings of the hour, but the study of the author's
life, who owes his present existence, health, and position to this ob-
servance of the maxims he would inculcate—to do unto others as he
would be done unto—to live atter nature's laws—and to keep always
on the "sunny side of the way." The above works may be had of
Sherwood, 23, Paternoster-row; Carvalho, 147, Fleet•street ;Mann,
39, Cornhill ; Nelson, 457, West Strand; or direct (by post or other-
wise) from the author (who may be conferred with personally,
mornings and evenings), 10, Argyll-plaee Regent-street ; and all
Booksellers.

[ADVERTISEMENT.] DEBILITATED CONSTITU-
TIONS, DISORDERED LIVER, BILE, AND INDIGESTION,
CURED BY HOLLOWAY'S PILLS.—The good effects pro-
duced by this salutary medicine are really extraordinary
and speak volumes in favour of its excellence in the cure
of impaired digestion, bile, diseases of the liver and
chest. The benefits derived from the use of Holloway's
pills in these complaints are permanent, as the whole
system is completely renovated, by inducing a healthy
action of the liver, strengthening the organs of digestion,
and promoting a free respiration. Persons suffering from
sny of these disorders should immediately have recourse
to this established remedy, to insure a safe, certain, and
speedy cure. Sold by all vendors of medicines; and at Pro-
fessor Holloway's Establishment, 244, Strand, London.

THE SANITARY QUESTlON.—Thursday a meeting
of the vestrymen of St. Anne's, Limehouse, was held at
the Town-hall, to consider what measures should be
adopted for the removal of a nuisince complained of
with reference to the sewer, which empties itself into
the Limekiln-dock, and to consider the propriety of
addressing a memorial to the commissioners at Gwydyr-
house, in reference to the defective state of the sewerage
in that parish.—Mr. Rugg, upper churchwarden, in the
chair. Dr. Adolphus Barnet said the first case of cholera
that took place in that parish when the country was
visited by that calamity a few years ago, was that of an
old woman, who was attacked while employed at her
avocations at the mouth of this sewer. Many of the
inhabitants stated that the emanations from this sewer
wereinjurious to their trades. Butchers could not
keep their meat, which soon became tainted. He
had taken the trouble to analyse the water of the Lime-
kiln-dock, and he found the principal ingredients
of it to be sulphuretted hydrogen, a deadly poison, and
a gas liquor. These two gases, taken together, were
quite sufficient to produce all the various forms of fever,
and to assist cholera in producing fatal results. The
sewer complained of was one of the main sewers under
the control of the late Commissioners of Sewers of the
Tower Hamlets, and accumulated the sewage from
Bethnal green, Mile-end Old Town, and part of Spital-
fields. lie thought that its course might be carried
through New Poplar and under the river Lea to the
marshes, where it might be applied for the purpose of
irrigation to the land. lie moved that a committee be
appointed to draw up a memorial on the defective
sewerage of the parish, and the existing nuisance com-
plained of with reference to the sewer which empties
itself in the Limekiln-dock, suggesting the most prac-
ticable means of obtaining its removal, and that the
committee form a deputation to present the said memorial
to the Commissioners of Sewers. The resolution was
unanimously agreed to, when thanks were voted to the
chairman, and the meeting separated.
THE BURMESE THRONE.--Thursday afternoon
the celebrated Burmese Throne, or Rath,-belonging to
Mr. Batty, of Astley's Theatre, left that establishment,
drawn by the team of enormous camels en route for
Liverpool. The novelty of such an equipage attracted
a vast crowd, which increased as it progressed. The
animals becoming alarmed at the shouts of the people
when in Parliament-street, started off at full gallop, the
camel-drivers having much difficulty in keeping up with
them. Opposite the Horse Guards the foremost animals
fell down, and the entire team rolled over them, the
Burmese throne narrowly escaping destruction. After
a time the unwieldy creatures were extricated, and
reached the railway at Euston-square without further
mishap.
THE CHARTIST LAND SCHEME.—We are informed
that Mr. John Cooke, of the Chase, near Ross, has sold
the Snigsend estate, at
,Corse and Staunton, near
Gloucester, to Mr. Feargus Connor. The estate com-
prises about 250 acres, and the price was 12,0001.—
Worcestershire Chronicle.
ExEMPLARY CONDUCT OF THE PEOPLE.-7lt IS
worthy of remark, that notwithstanding the distress
which prevails in Bolton, and the great number out of
p cieplonent, the business of the police-courtis con-
siderably diminished. Ou Monday there was not a
single charge of felony at the Borough court, nor yet a
warrant case.

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, Dec. 10.
:Sittings at Nisi Prius before the LORD CHIEF-JUSTICE
and Common Juries.)
RUSSELL V. BRIANT.

In this case Mr. Sergeant Talfsurd and Mr. Lock
appeared for the plaintiff, and Mr. Lush and Mr. Fitz-
patrick for the defendant.
This was an action brought under the statute the 3d
William IV., chap. 15, for the infringement of the plain-
tiff's copyright in a musical composition. The declara-
tion stated that the plaintiff had the sole liberty of re-
presenting and performing a certain dramatic piece or
musical composition, called " The Ship on Fire," which
the defendant had wrongfully " caused to be represented"
at the Horns Tavern Assembly Rooms at Kennington.
There was another similar count, charging an infringe-
ment of a certain other musical composition, called " The
Gambler's Wife."
The defendant pleaded " Not Guilty."
Mr. Sergeant TALBOURD, in opening the case, said,
he had the honour of representing Mr. Henry Russell,
who had performed an entertainment composed for the
most part by himself, in the metropolis, and in many parts
of the United Kingdom. The plaintiff sought to obtain
compensation in damages fora piracy on his musical
compositions for the purpose of repressing such piracy.
On two occasions the plaintiff had visited America, and
had obtained there not only much popularity, but had de-
rived thence a portion of the materials with which his
entertainment was interspersed. The plaintiff's enter-
tainment consisted of a series of songs and anecdotes of
negro life. Mr. Russell had composed the music of one
of these songs, bearing the name of " The Ship on
Fire," in which the various incidents of such a calamity
were set to appropriate music, and represented by the
gesture and action of the person singing it. He had sub-
sequently composed another musical piece called " The
Gambler's Wife," and beyond controversy he had the
sole right of representing this composition. Some time
ago the plaintiff found that a gentleman named Smith
was tracking his steps, and taking upon himself to re-
present considerable portions of his entertainment, tak-
ing the title, the music, and the words of his composi-
tions and adopting them as his own. Mr. Smith pre-
sented himself as Mr. Henry Smith from America, and
became a competitor of the plaintiff in representing
his own compositions. Mr. Russell thereupon deter-
mined to assert his right to those compositions, for
which he had obtained considerable fame and profit ;
and also to prevent the loss of character of which he
ran some risk, in having his songs plagiarized by an
inferior performer. The action was brought against Mr.
Briant, of the Horns Tavern, Kennington, for having
caused this representation to take place at his house. In
February last a programme of Mr. Smith's perform-
ances at the Horns Tavern Assembly-rooms, Kenning-
ton, was issued by Mr. Smith, announcing that the two
songs of the plaintiff would be performed by him. The
Assembly-rooms were capable of accommodating from
1,000 to 3,000 persons, and had a raised moveable stage
adapted to performances of a dramatic character. The
defendant on the evenings of the performance sold some
of the tickets, and took part of the money. It a person
so finding accommodation for a performer, and so acting,
was not to be considered as a person who " caused or
procured such representations,' the Act of Parliament
might be entirely evaded, as the person put forward to
represent a performance might be a man of straw, paid
night by night for acting. Before the statute of the 3d
of William IV., chap. 15, a wrong of this kind was
without remedy, because, although a copyright existed
in books, it was very doubtful whether it existed in
musical or dramatic works. The sth and 6th Victoria,

chap. 45, extended the period of copyright in dramatic
works to be the same as the copyright in books. The two
songs mentioned in the declaration wore dramatic in cha-
racter, and clearly within the protection of the statute.
The plaintiff sought to recover a penalty of 40s. for each
infringement of his right. The Learned Counsel then
said he should proceed to prove his case by calling his
witnesses. _

The copyright of both songs was admitted.
William Last was called to prove that Mr. Russell
publicly performed both pieces of music. The perform-
ance was of a descriptive character. There was a reci-
tative of some length before the " The Gambler's Wife."
The music described the striking of the hours past mid-
night whilst his wife was sitting up for him.—(The wit-
ness here imitated the gesture used in the performance,
amidst a pod deal of laughter.)
The Learned JUDGE--Is that dramatic ?
On cross-examination the witness said " Tho Battle of
Prague.' was not a dramatic piece, it had got no words
to it. _ _ _

The Learned JUDGE—There is firing and clashing of
swords, and wounding.
The witness's examination resumed—" The Har-
monious Blacksmith" was not a dramatic performance.
In witness's opinion a dramatic piece consisted in the
words and the music being taken together.
His LORDSHIP—Then every song is a dramatic piece?
Witness—" The Sea" was not a dramatic piece, it had
no descriptive matter about it; that was how he distin-
guished it.
Mr. West, composer, gave similar testimony. He
had heard Mr. Russell and Mr. Smith sing the songs
named in the declaration. The music and words were
the same.

A witness named King proved that he knew Mr.
Briant's rooms, and that he had seen various perform-
ances there, the same as at some of the theatres. He
had seen and heard the Ethiopian Serenaders and the
Bosjesman Indians there.
_ _ _

Mr. F
toaxk Cooper.e the
Horns managerthe
Rooms for
forStrandtheatrical
Theatre, h
tried to a
perform-
ances.d
Had seen the Bayaderes perform there.
Cross-examined—What makes a piece dramatic?
Witness—The passion, gesture, and working up of the
soul of the performer to represent to the audience the
composition.
The clerk to the plaintiff's attorney proved having
sent a caution to Mr. Briant not to permit the perform-
ance of Mr. Russell's songs.
Cross-examined—There was another action against
Mr. Smith for this performance.
This was the plaintiff's case.
Mr. Lusx, on the part of the defendant, objected, first.
that a musical composition was not within the Act. Se-
condly, that this case was not within the statute, because
only the music was the plaintiff's and not the words.
And, thirdly, that the Horns Tavern was not a place for
dramatic entertainment within the meaning of the Act.
His Lonostur took a note of these objections, and
Mr. Lusx then addressed the jury for the defendant.
He contended that the defendant had nothing to do with
the performance, but had an expensive room which he
was glad to let, and which he let to Mr. Smith on his
application. The Learned Counsel then read several
letters, setting forth an application for and agreement
to take the defendtint's room by Smith. On the receipt
of the plaintiff's caution, after this agreement had been
entered into, the defendant wrote to Mr. Smith, and re-
ceived an answer from his attorney threatening him with
an action it he did not fulfil his agreement.
The LORD CHIEF-JUSTICE said, this was no answer.
The defendant had no right to let his room for au un-

lawful purpose.
Mr. LUSH submitted, that under the circumstances
the defendant had no more to do with causing and pro-
curing the representation of Mr. Russell's
Smith than any of the jury. All that Mr. Briant
was to let his room, and afford such accommodation as
under the circumstances he was expected to afford. The
Learned Counsel then called sgs didby
Mr. IL Smith, the performer. He sang the songs
without gesture or dramatic action. He had no music
before him. He did not sing Mr. Russell's music. He
might venture to say that ho had made the song of
" The Ship on Fire" his own.
Cross-examined—The words were in substance the
same, but the music was essentially different. He had
not a copy of his own music. He played from memory.
Mr. N. Briant, the son of the defendant, proved re-
ceiving the threat of action if his father did not fulfil
his contract with Smith.
Mr. Sergeant TA.LFOURD, in reply said, it would have
been more creditable in the defendant not to have called
Mr. Smith, the pirate, who sang what he was pleased
to call " his own music." Though he had none of his
own, he sat down voluntarily, and his thoughts volun-
tarily fell into harmonious numbers, and be happened
to hit on the same music and the same words as the
amf
thet tieidiseptltesnodtitoai
had aided
iinm sel
summing
plaintiff's songs. Mr. Smith had been making unworthy
ionf t
hthoesuelpa,h attempts.osauirds, otfhaen other, and
witnessfi
plaintiffr n
ddsi‘t
iwarth.e whether tmhei
thatrt
h the pieces
were
rpi eei ce ectsehsew, were
sae
mp
performed performed.
iorTinheed
jury
.wbYinftnOtuebe
One
Smith said of the music of one of the pieces, " He might
venture to say he had made it his own." There suss no
evidence to show how far Smith's music differed from
the whether the whole or any part of it, or
whether ho had made it his own in the words of the
adage—
" Jack stole his discourse from the famed Dr. Brown,
But reading it damnably made it his own."
Secondly, they were to be satisfied that the c'tefendant
caused and procured the performance within the: meaning
of the statute. If the defendant had sanctioned by per-
mitting and finding accommodation for an illegal per-
formance, he must take the consequences. And, thirdly,
was this a dramatic performance? It it were , it was
enough to support the action, for the defendau t's rooms
were then used for the purposes of a dramatic entertain-
ment.

The jury, after a short consideration, found a verdict
for the plaintiff on both counts. Damages 401 ;. on each
count.

Mr. Lush asked his Lordship to put to them the three
questions he had left to them separately.
His LORDSHIP did not think it necessary.
had drawn their conclusions from them.

`The jury

COURT OF BANKRUPTCY, Dec.. 10.
(Before Mr. Commissioner EVANS.),
THE DIAMOND TRADE.—IN RE EDWARD TAMMY.
The bankrupt, who was a diamond morchaut,
Frith-street, Soho, came up for his certificate.
Mr. Cooke opposed on behalf of the assignees, t ,o whom
Mr. Teague was the solicitor; Mr. Lawrence so pportet 1
the bankrupt.
The balance-sheet, which extends from F. !bruary,
.846, to the date of the fiat, in April, 1847, cont sins the
following items:—Sundry creditors, 11,2411.; li
3,1261.; creditors holdiug securities, 6,5561; profits,

2,8471. Upon the credit side the debts are estimated at
201.; the property, 1,8001.; there are houses mortgaged
to tke extent of 1,0481.; losses, 3,1451.; trade expenses,
1,037 L Upon the same side of the balance sheet there is
an item—balance, 7,l62l,—explained during the progress
of the case.

Mr. Cool E opened the case by stating that the bank-
rupt was originally a seal engraver, and subsequently
carried on business as a diamond merchant, in Frith-
street. In February, 1846, he fell into a state of ad-
mitted embarrassment, and then he made an application
to his creditors with the view of effecting an arrange-
ment. On that occasion Mr. Blogg, of the firm of
Blogg and Martin, Diamond brokers, was applied to
for the purpose of assisting him in inquiring into the
state of his affairs, and makini, an arrangement with
his creditors. The bankrupt then drew up a statement
of the position of his affairs, in which his debts and
liabilities were set down at 8,1121., assets, 8,850/. ; thus
showing him more than solvent to the amount of 7381.
Ho proposed to pay off his full bills pf six, twelve, and
eighteen months, in equal instalments. All the credi-
tors consented to this proposition, with the exception
of three, Messrs. Hammel, Posus. and Casto, who re-
quired security for the payment of the last instalment at
eighteen months. The debts of those three gentlemen,
in the aggregate, amounted to 3,3601., and to meet their
request Tibbey promised to give them a promissory
note for 1,2001. from Major Moore, his father-in-law.
This note, which was to secure the payment of the last
instalment, was to have been lodged in the hands of Mr.
Blogg, but that gentleman dying soon after, on the con-
tinent, it was found that the security of Major Moore
had never been deposited with him, but that the bank-
rupt had lodged it as security for advances at the
London and Westminster Bank, behind the backs of
the creditors ; only the first instalment of the com-
position was paid, and Mr. Posus hearing that Major
Moore's note had not been deposited in Mr. Blogg's
hands, insisted upon security, and finally got a 600/. bill
from Major Moore to secure his oWn debt. Messrs.
Casto and Hammell had, at the time of the arrangement
held bills of the bankrupts, and It was understood that
by giving the security of Major Moore for the I,IOOL,
that he should be furnished with funds by the creditors
to retire them from circulation as they arrived at matu-
rity. Messrs. Hammell and Casto supplied those funds,
and the bankrupts allocated them in themanner proposed
without a word of dissent; but when all the bills had

.......
been— returned, the bankrupt said, " You have not pro-
vided me with funds to withdraw the bills at once, and
_ _

therefore I will not give up the 1,1001. security of Major
Moore." The Learned Counsel then detailed various
transactions in which the bankrupt was engaged at the
end of 1846 and beginning of 1847, showing his embar-
rassment, and the exertions he made, by pawning jewels
and other property, in order to procure from the West-
minster Bauk the 1,1001. security, and three bills of
5001. each, which had been lodged in the bank, and
which had been given to Tibbey, a man who had been
a bankrupt, as the renewal of an old debt. He had
also to call his Honour's attention to the removal of
the bankrupt's furniture to Major Moore's dwelling
—a removal which the bankrupt did not disclose
until after the choice of the assignees. But there
were circumstances still more heinous in the bankrupt's
conduct. He would first mention the case of Mr. Ham-
mell, who was one of the assignees. In August, 1846,
the bankrupt applied to Mr. Hammell, to purchase
some diamonds for him, and Mr. Hammen sold him
2601. of diamonds, for which he gave his bill, payable in
December. A few days before the bill arrived at ma-
turity, the plaintiff waited upon Hammell, and said he
could not pay it. Mr. Hammell expressed his surprise,
and remarked that he had sold the goods at cost price.
The bankrupt said he had not sold the goods, and
showed them to him. Mr. Hammell, upon the receipt
of 1001., consented to take two bills for the balance of
his debt, which were unpaid. The Learned Counsel at-
tempted to show that the bankrupt had not accounted
for the diamonds sold to him by Mr. Hammell, and that
he had, in fact, concealed the property, but failed to
establish his charge. The next charge regarded Mr.
Price. Mr. Price is a jeweller and diamond merchant
in Hatton-garden. In August, 1846, Mr. Price called
on the bankrupt, who showed to him a large stock of
precious stones, such as diamonds, emeralds, rubies, opals,
and turquoises,
pricesomhimgooof
dgsretaot value.
theamounltn oof9cototb;ear,ndl,Ba46, da
yMr.
or
two after, precious atones of less value; and on the 6th
of December, in the same year, the bankrupt again called
on Mr. Price, and obtained diamonds " to show a French-
man." Two days after the bankrupt brought back the
goods, and finally bought them at 1891. 10s., but never
paid for them. After this last transaction a person went
into Mr. Price's shop, and offered to him for sale a por-
tion of the very same diamonds he had sold to the bank-
rupt. The next case was that of Mr. Johnson, from whom
the bankrupt obtained, in January, 1841, 300 pearls,
with other goods, value 87/., upon the promise that he
was to pay in cash. Subsequently the bankrupt declined
paying in cash, but asked Mr. Johnson to take a bill for
the amount. Seeing that Mr. Johnson was not inclined
to pursue this course, the bankrupt produced a letter,
which he said was written to him by Mr. Clark, the
manager of the Union Bank, and holding it in his hand,
so that Mr. Johnson might see the signature, said that
the letter contained an assuranee from Mr. Clark, that
he would discount the bankrupt's bills to any amount.
Mr. Johnson thereupon agreed to take the bankrupt's
bill. It turned out, however, that no such letter had been
written by Mr. Clark, who, when asked about the mat-
ter, said he would not lend Tibbey to the extent of a
single shilling. Mr. Clark had written to Tibbey, but to
quite a contrary effect. The Learned Counsel next
called the attention of the Court to the non-appearance
of a diamond necklace, value 1,000/., which the bank-
rupt had shown to a creditor some months previously to
his bankruptcy, viz., in
January, 1847, and which was
nowhere to be found, and quite unaccounted for. An-
other instance of the bankrupt's misconduct was his
having pawned a large quantity of jewellery, &c., and
which was, in fact, the property of the creditors, for
the purpose of depositing such an amount of property in
the London and Westminster Bank as would enable him
to withdraw from thence the 1,100/. security of Major
Moore, thereby relieving his father-in-law of that re-
sponsibility. The Learned Counsel concluded by ob•
serving on the impropriety of those compositions, which
generally ended in a manner most unsatisfactory to the
debtor and to the creditors, and by calling on the Court
either to refuse or suspend the certificate altogether.
The Learned COUNSEL then called several witnesses,
who established the cases of Messrs. Johnson and Price,
and that the bankrupt had, by false representations, and
whilst in a state of insolvency, induced those gentlemen
to give him credit.

me
and dealer i
proposition, which the bankrupt who
certificate. In the
had
dudAment as follows :—ln this case
After an able defence e al- T
Ilia HoNouß gave . from ....r.,,AWRENCE,
losses, and applied carried on the trade of a diamond
ma de it appear that he
year
precious stones, applied for his
have a surplus of several
?o
her 1846 he sustained some severe
. was incorrect, both
agreed to his pro
th© di. charging his debts
°creditors to give him time for
By his statement at that time he
to have examined cse elvdepnot,ordds.tThahteheerowdiotuolrds
nds(r)
instalments, at six, 'en, which was to pay, by three
amount of their claims,twelve, and eighteen months, the
The creditors did not appear
accounts, and it appears to me the
bankrupt the a
as to the amount of debts
due by him, and
avoid expressing ssets he. had to pay them. I can-
notare ..generally my opinion that such arrangements
creditor. The disadvantageousdebtor both to debtor and
is generally. obliged _ , after years of struggling
credir,ors, who appear
become. a bankrupt, and the
to such arrangements, 1:
in some cases to agree
would satisfy their claim the hope that the debtor
debts, must find upon the whole, in full, by incurring new
such proceedings. The ole, they are not gainers by
three grounds. First, that bankrupt was opposed upon
Thole of his propertyhe had not delivered up the
This point was pressed butat concealed a portion of it.
was not satisfied with the the last examination, but I
The fact that the bankrupt
proofs tendered and I still con-
tinue of the same opinion.
values his stock at a large snna
cannot obtain one-fourth of the amount,and that the assignee
grounds for suspicion, but notsuthF. affo
and if such
rds, no doubt,
concealment can be proved, the ient;
I therefore dismiss that point from certificate is nugatory.
second objection was, that whilst lin my attention. The
circumstances, he incurred debts witht: knowingly insolvent
Mr. Price. Although creditors who Mr. Johnson and
arrangement could not complain of
the wore parties to the
incur-
ring debts with them, yet I consider
bankrupt's
after such an arrangement, is not justifieder that. the debtor,
such debts without disclosing his.. in contracting
at the time the debts to Mr. jonposition. However,
were contracted, the bankrupt, as and Mr. Price
must have known that he was h 3 it appears to me,
hopelessly ' y insolvent, and
in these cases he appears to have told
hoods, in order to induce those person deliberate false-
dit. It was also objected to hire that he sto give him ere-
of his creditors to give them additional promised. three
order to enable Lim to do so, he security, and in
father-in-law to give security for 1,10(11.,131.evai1d. upon his
using the security for the purpose spec. and instead of
with his bankers. I lay no stress oni ed, he lodged it
applying the note to the purposes of
histh bankrupt not
ought to have taken care that the security creditors, who
was not only
given but properly lodged. There is
he committed any fraud upon his noevidence that
father-in-law, but it
does appear to me that the bankrupt
groat dereliction of duty when he pledged s guilty of a
all his valuable
goods to his brother-in-law to free
from his responsibility in the 1,1001.
does appear to me to me to be a fraud on
security. This
an offence deserving punishment. Undernn the creditors,
cir-
cumstances of the case I think justice
will all the..be adminis-
tered by adjourning the bankrupt's certificate for twelve
months.
Protection for one month was granted, on the appli-
cation of Mr. Lawn ence.
IN RE THOMAS.
The bankrupt came up to pass his last n
mina exa ' tatherine-
'on
I •
He was a publisher and advertising agent '
, i C
street, Strand.
The meeting was further adjourned, as the accounts
were not in readiness.

►VESTMINSTER COUNTY COURT, Dec. 10.
(Before Mr. D. C. MOYLAN, Judge.)
MILLER v. LORD -DUDLEY STUART, M.P.
This was an action brought by John Miller against
the Noble Lord the Member for Marylebone, to recover
tho sum of 51. for loss of time and services rendered to
his Lordship at the recent election.