The Sun.
London, England, 1847-02-10 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, FEBRUARY 10, 1847.

In a few days, to be had at all the Libraries, In 8 v 013.,
THE STORY OF LILLY DAWSON,
By the
AUTHOR OF " SUSAN IIOPLEY."
Ifcanry Colburu, Publisher, 13, Great Marlborough-street.

Now ready, in 3 voli. post Bvo., price U. I la. td.
MEMOIRS OF GENERAL PEPE.
Comprising
THE PRINCIPAL MILITARY AND POLITICAL EVENTS OF
MODERN ITALY.
WRITTEN BY HIMSELF.
" The autkor of tkese volumes could not fail to produce an interest-
ing work. Patriotism, valour, and honesty are impressed on every
page."—Daily News.
" A book of the most interesting character, and one which will be
read with delight, by all who are fond of stirring adventures by flood
and field."—Dispatch.

Richard Bentley, Sew Burlington-street.
(Publisher in Ordinary to her Majesty.)

BORDEAUX AND CETTE RAILWAY'
Constituted Company.
The MEETING of the Shareholders in this Company at the
London Tavern, announced for FaIDAT next, the 12th instant, is
POSTPONED till further notice.
DAVID SALOMONS,
Chairman of the English Board of Directors
By order,
31, Lombard-street, Feb. 10, 1847.

C. T. BEKE, Secretar.

LIVERPOOL, MANCHESTER, and NEW-
CASTLE-UPON-TYNE JUNCTION RAILWAY.
Notice is hereby given, that the Office for the Registration of
Transfers in this Company has been removed from 31, Princess-
street, Manchester, to 22, Parliament-street, London.
By order,
(Signed) W. H. INGRAM, 3 Joint Secretaries.
C. MOORE WILSON,
22, Parliament street, London, Feb. 10, 1847.

rIVERPOOL, MANCHESTER, and /NEW-
CASTLE-UPON-TYNE JUNCTION RAILWAY COMPANY.
At the ordinary Half-yearly General Meeting of the shareholders
of this Company, held at the Palatiao Hotel, Manchester, on Tues-
day, the 2d day of February, 1547,
THOMAS ROBERT WILSON FFRANCM, Eaq., in the Chair.
It was resolved—That the common seal of the Company be mow
affixed to the Register of Shareholders.
Resolved—That the Report of the Directors now read be received
and adopted, and that the same be printed and circulated amongst
the Proprietary; but that the consideration and confirmation of the
balance sheet thereto appended he postponed until after the discus-
sion of the Report of the Committee of Investigation (appointed on
the 28th of July last) at the Extraordinary General Meeting to be
held this day.

- - -
That Messrs. Swallow and Brockett be continued the Auditors of
the Company.
(Signed) TUGS. ROP,T. WILSON FFRANCE, Chairman.
The Meeting then adjourned until after the close of the Extraordi-
nary General Meeting.

At the EXTRAORDINARY GENERAL MEETING of the Share-
holders, held at the Palatine Hotel, Manchester, on Tuesday, the
2d day of February, 1847,
THOMAS ROBERT WILSON FFRANCE, Esq., in the Chair,
The Requisition calling the Meeting having been read, much dis-
cussion ensued, but it was
Resolved—That the Report of the Committee of Investigation,
now read, be received end adopted.
That the thanks of this meeting be given to the Committee of In-
vestigation, and that a sum of 1301. be paid to them out of the funds
of the Company for their personal services, in addition to the expenses
incurred by them.
That no alteration be made in the present constitution of the Board
of Directors.
That the directors be authorised to proceed with their several
applications to Parliament fur the Bills now laid before this meeting,
and endeavour to obtain the sanction of Parliament thereto ; and
that they be armed with full powers to negotiate with the Northern
Counties Union Company fur au amalgamation of tke two Com-
panies.
(Signed) TAOS. ROBT. WILSON FFRANCE, Chairman.
This concluded the business of the Extraordinary General Meeting,
and the business of the Ordinary Meeting was again resumed, when
It was resolved,—That the Balance Sheet of the Company do pass,
and be received and adapted. (Signed)
THOS. ROBT. WILSON FFRANCE, Chairman.
Mr. Ffrance having quitted the chair, a vote of thanks was unani-
mously passed, for his impartial conduct as chairman during the day.
(Signed) C. MOORE WILSON
Secretaries.
W. H. INGRAM.

RAILWAY SHARES BY PUBLIC SALE.
ES S RS. LAMOND and Co., RAILWAY
siiAnt; AUCTIONEERS, beg to thank their Friends
and the Public for their continued support and patronage, and
to announce tkat their Public Sales of Railway Shares, &c.,
tike place every TUESDAY and FRIDAY, at One •'clock, at the
Uall of Commerce, Threadneedle-strect, London, to which place,
favours, containing instructions (with a reference), are respectfully
•equested to be addressed.

All Scrip and Share Certificates lutist be deposited, tke day
orevious to their being offered ; and advices of results will be
irwarded by the first post after the sale, aad the proceeds Jaime-
[lately disposed of according to instractions.
Oftloa. flail of Commerce, Threadneedle-street. London.

LEE WEATHER.—SUN OFFICE, FEBRUARY 10.
THERMOMETER, Lowest, 21 ; Highest, 28 ; Noon, 82,
BtRi)METER. 29 56.—WIND N.N.W., fine.

wkTEII, AT LuNDON-littlDuk. Tins DAY.
Morning .. 15 minntes after 3. Eveninz .. 55 minutes after

,utionally limited to the Crown, an implicit and
sworn obedience to which is incumbent upon the
Lords of the Admiralty. Indirectly, however, the
latter, like other branches of the Executive, are ren-
dered responsible to the House of Commons, which
can alone ticrupulously test their official capacity, or
best capacitate them for enacting improved regula-
tions, when. necessary, by calling for and obtaining the
fullest returns, in every particular, relating to any
point of the service which may be considered open
to amendiment. This view was yesterday strongly
advocated by many influential Members in Parlia-
ment. 1S k. Fox MAULE, Secretary-at-War, boldly
declared the punishment ought to be submitted to
the test o f public opinion, in which Sir R. PEEL
entirely concurred, and at the same time in the propriety
and expedliency of making the returns retrospec.
tive. Het likewise observed that when an officer
was prove :1 to be disposed to carry punishment to
excess, the. Admiralty should mark its disapprobation
by withholding its confidence from him in future.
The Premier, with the concurrence of the First Lord
of the Ad.iniralty, spoke in the same vein, indicating
the wrong fill deductions frequently engendered in the
public mind -'here mystery was resorted to, and
avowed
.f4at he " was not a friend to concealment."
His Lordeihip, however, expressed himself disinclined
to give " the names of all commanders in whose ships
corporal punishment had not been inflicted "—which
was a portion of Mr. HUME'S motion—conceiving
that the el ',feet of a return in that shape might be to
confer praise upon some officers at the expense of
others, wino had been obliged, under trying circum-
stances—springing, perhaps, from an ill-disciplined
crew, over, which it was their misfortune to have been
appointed -- to resort to punishment, and without
which, it , might be alleged by competent judges, the
preservatio n of orderly conduct would have beeQ
seriously csompromised. For ourselves, we care little
as to the pt st, whether the names of officers be pub-
lished or nsot. In fact, if the names of the ships be
given it is teasily ascertainable who commanded them.
The public have no vindictive feelings to gratify ; their
sole care is: as to the future. We hold, therefore, that
hereafter tlt to names of the officers should not be with-
held. If tiney do their duty, not suffering their mode
of diiciplithe to override the feelings of humanity,
nor the lat ter to trench upon the due maintenance of
the formetr, the closest inquiry into their conduct
need give t hem no apprehension. On the other hand,
wherever the despotic power lodged in their hands
shall have been allowed to degenerate into cruelty, it
is right th 13 public should know who they are that
have brought discredit upon the service.

Madrid papers of the 2d have arrived.
The Du! t e of SoTosLixos had on the day pre-
ceding pre cented to the Chambers the programme
of his C 4binet, which, inasmuch as it made
no mention 1 whatever of the two most important
subjects all present occupying the public attention
of Spain— viz., the amnesty and the liberty of the
pre ,s was dconsidered as very unsatisfactory. The
Cleaner Poi blico, and the other Progressista jour-
nals, have, i to consequence, declared war against the new
Ministers, ti t horn they attack in the most bitter language.
The Margin is of MIRAFLORES, in the course of the
sitting, addriessed the Chamber for the purpose of recti-
fying some t ais-statements of the French Minister rela-
tive to tha royal marriages. The Marquis asserts
that no od ficial overtures no taken place ori this
subject, but that a conference, simply of a friendly
nature, had d 'cell held between himself and the French
Ambassador.. The Noble Marquis, at the same time,
rectified another misrepresentation concerning himself,
set forth in ‘:,ne of the letters of Lord PALMERSTON.
General P. Awl has, it is said, accepted the portfolio of
the War Department.

Intelligen: e from Portugal had arrived at Madrid, an-
nouncing dust the Miguelites and Septembristas had
coalesced, ant d that Don MIGuEL was to be proclaimed
to gov ern according to the constitution. This has
excessively al armed the Spanish Ministry, and the I eraldo
urges upon tl ie Government the necessity of interfering
on behalf of Donna MARIA, however displeasing such
intervention may be to EnglAnd.
The funds remained stationary.

We have mceived the Paris papers of Monday, and,
as might have been expected, the new Prussian Consti-
tution is commented on in all of them, and, strange to
say, with one exception, they all express themselves
di.satisfied with the conduct of the King of PRUSSIA.
The Nutionae declares that the Prussian constitution is
merely a mc:.ey-raising machine, nothing more. Even
the Débuts so .eers at it, and says—
" This new ;reform bears more of an administrative than of
a political chaLracter. The States, or Provincial Diets, will
henceforth be called upon to concur in the votes for taxes
and loans. Tl,ey will take their part in what, in constitu-
tional countriu I, is called the power of the purse. Such as it
is, this plan of reform cannot be considered as fulfilling
all the hopes which Prussia has been led to entertain for
thirty years; !it cannot be taken fur more than a pledge of
the performansces of the promises of royalty, and on thispoint
it deserves to be encouraged."
The Consti;tutionnel says—
" The new law scarcely merits the name of a representa-
tive constitutiim. The right to fix the budget is withheld
from the State 3 and reserved to the Crown. The period of
meeting, the place and the time that the session is to last, are
reserved to 1114 Royal power. The immediate object which
the Royal letts r appdars to haveehad in view is to assure to
the new loans -which Prussia, it is said, is on the point of con-
tracting, the guarantee of a kind of national representation,
and thus to bei enabled to obtain the money on better terms.
However that may be, it is at all events a step in advance.
The defects the new organic law will show themselves
plainly as soon as it shall be carried into practice; and once
that public discussion shall have formed a portion of the
public habits, t lae omissions of the legislation must be supplied,
and the attribu Lions of the assembly and the rights of the
constituents ex tended."

The U Aiwa .111onarchique, however, which forms the
exception to which we have before alluded, is more
just to the lii/ 'g of PRUSSIA, and shows by its observa•
Lions that it t horoughly understands the German cha-
racter. It say s—
" The Prussia n Government has departed from the road of
administrative :..eforms to enter upon the path of political re-
forms. Discus sion is introduced as a necessary element,
since it i 3 male an indispensable condition for loans and
taxes. This is . a step which may lead to favourable conse-
quences if the c onduct of the Government be wise and able.
Henceforth, it is :net take into account the tendencies of the
deliberative bad ies. In Germany, it is true, all things move
slowly, and the action of the Government, from its very na-
ture, has a for, .; which may maintain it for a long time in
the position it 'a as now assumed; but this lirst step is taken,
and there is not hing yet to announce that the experiment is
likely to produ,le any embarrassment to the Government."
againstb y Thetiie Pi
vEr:e E., eu.:
rn,d: of t
onwhichtilcourse,eowc takes
caas:
occasion
raised
sup h
eodf
ourt
a be 0
taking
of spoliation
about
i an
gp weekoss e
ss
si
in.
ocne
of 'Album'. The article is " full of sound and fury," but 1
' signifies huth.ing." The Constitutionnel, however, has :

rise as far back as 1651 should require some re-
examination to adapt them to modern circumstances,
and especially to the extraordinary circumstances
attendant upon the establishment of free trade. The
transformation of the Navigation Act of 1651 into
the Act of CHARLES 11., the subsequent re-
laxation of the law in 1815 with reference to
Portugal and the United States, the amendments in-
troduced by Mr. WALLacs in 1822, and the memo-
rable Reciprocity Acts of Mr. HUSIUSSON in 1824,
may have modified the bad effects of the original
enactment to a considerable extent, but it is prepos-
terous to imagine that the navigation-laws have been
therefore perfected. The principle of free trade
must be rendered universally applicable in all depart-
ments of our native commerce, while, at the same
time, the naval force of Great Britain must be in no
particular weakened.

An interesting discussion turned last evening in
the House of Commons upon a return, moved for by
Mr. HUME, of the corporal punishment inflicted on
board her MAJESTY'S ships for the last three years,
the nature of the offences, and the names of the com-
manders, &c., to be fully specified. The Secretary
of the Admiralty agreed to the principle of the
motion, on the ground that a similar return had been
granted during the last session with respeet to the
army, and that publicity operated as a wholesome check
upon the indiscreet use of the power of flogging
vested in naval officers; but he objected to making a
return of a retrospective character, conceiving that it
would not be fair towards officers who had never been
warned that such a return would be required by the
House of Commons. This was certainly not a very
judicious reason for supporting his objection, and was
felt to be of an invidious tendency by both naval and
other members. Assuming it to be true that corporal
punishment is essential to the maintenance of disci-
pline in the navy, that would be a very unwise pro-
ceeding which should be calculated to influence
officers either in punishing or pardoning offences
from a dread of the returns that might be annually
submitted to the Legislature. It should be distinctly
understood that they are amenable alone for their
conduct to the Board of Admiralty, upon whom
should rest; the sole responsibility of administering,
with efficiency and benevolence combined, the naval
affairs of this country. This responsibility is consti-

an admirably-written article on this subject, in which the
doctrine of the rights of civilised settlers in a savage
country is clearly and distinctly laid down, and, acting
upon that dcctrine, it admits the rights of England to
not only Labuan but to Borneo also.
" The true master of a savage country is he who is able to
establish himself strongly in it, to develop the force of
civilisation, to bring it into perfect subjection, and cause to
be respected there the rights of nations. Does Holland do
this at Borneo? Evidently not. Finally, is there any
solemn treaty, any compact with the nations of Europe, such,
for exame as the treaties of 1815, assigning Borneo to Hol-
land, as MadagascarC is assigned to France. It is for Holland
to furnish proofs in this respect. They will be dis-
cussed. Until that is done, let us not imitate the bad taste
of the English journals, which served as organs to the ran-
cour of the Methodists, and the inspirations of a false
patriotism, when we took possession, to our detriment be it
remarked,of the Marquises Islands and Otaheite. Let us form
a sound judgment of our interests; let us congratulate our-
selves if any power whatever succeeds in opening the ports
of Borneo to the commerce of the world. In place of making
puerile protests, let us take our share of the trade to Borneo
and China. Nothing is more exclusive than the Dutch
commercial proceedings ; it would be a mere deceit to
make us the auxiliaries of the customs laws of the Dutch
possessions in India. In place of fixing our attention on the
quarrel of the English with Holland in the other hemisphere,
let us regard what is passing at home. We have estab-
lished the bases of several colonies on the western coast of
Africa. We have taken an excellent position, in a military
point of view, at the entrance of the eastern seas, at
Mayotte. It would be a strange illusion to suppose that it is
sufficient, in order to augment our possessions and seriously
increase our power, to stick up a flag and place soldiers in
different points of the globe. It is not that which ought to
be demanded from the Ministry. Let us require the Cabinet
to carry out seriously the colonization of Algeria; let us urge
it to clear the ground of our factories on the western coast of
Africa, and render them more healthy—to colonize and for-
tify Mayotte ; let us, in fine, call on it to answer for the state
of the Trench colony at La Plata. This colony Wed prosper-
ing, becoming more numerous, augmenting the commerce
and navigation of France. It never cost ns anything, and
was contributing to enrich us. The Ministry- has sacrificed
it to Rosati, and ruined it. It is against such acts that we
ought to protest."

The following observations on the conduct of the
Governments of France and England, in relation to
Cracow, are from the Journal des Debuts :

" The troth is that the conduct of the two Governments
has been all that it ought to be, all that it could be. Both
have been deceived. It is unfortunate and deeply to be la-
mented that sacred interests have been made to sink under a
policy of trickery, fraud, and falsehood ; but neither the
Government of France nor that of England have to blush for
the part which has been assigned to them in this culpable
intrigue, and this is a disgrace from which they can show
clean hands in the face of the world. Governments cannot,
any more than individuals, live together unless they adopt
faith in promises given as the first principal of their mutual
relations. Those who are the first to violate this common
convention, and thus destroy the basis of all society, set an
example the consequence of which must sooner or later fall
on their own heads. Under the circumstances in question,
if the Governments of France and England could have need
of any justification, we should not require one more com-
plete, more convincing, and, at the same time, more
honourable than the publication of their correspondence
with the three Cabinets who have violated the treaty of
Vienna "

The price of grain is again advancing in Paris, and in
all the markets that supply the capita). "We are in-
clined to believe," says the liefonne," that an excessive
rising movement will take place from two to three
weeks, until the end of February. The hectolitre of
wheat will, probably exceed 40i., and the sack of flour
perhaps reach 110 f.; as for bread it is beyond a doubt
that it will advance to lc. more on the 15th of
February, and undergo another rise on the Ist of
March. 330,000 persons, or a third of the population
of Paris, are demanding cards at the Bureaux de Bien-
faisance to enable them to buy their bread at only 2c. the
pound."

The Chamber of Deputies was engaged during the
sitting on Monday in the discussion of that paragraph
of the Address which relates to the financial state of the
country.

COL Rs AUTIIENTIQUE.—PARIS, Fern. B.—French Five per
Cents., 118 f. 30c. 25e. 30c. '2sc. 20c. 25c. ; Four-and a• half
per Cents., 109 f. 25e. ; Four per Cents., 104 f. ; Three per
Cents., 78f. 5c., 78f., 77f. 95c., 781. 5e., 78f., 77f. 95e. ; Bank
Actions, 3,27511, 3,270 f, 3,272 f. 50c. ; Rent de Naples (Roths-
child's) 101 f. 50c.; Romans, 101 f.; Belgian Five per Cents.,
(1840), 10104. ; Ditto (1842), 102%; Belgian Four- and-
a-Half per Cents., 981/2 ; Dutch Two-and- a-Half per Cents.,
561,4 ; Spanish Actives, 3318 ; Spanish Three per Cents.,
3414 f.; Exchange on London—one month money, 251.
221 Ate.; three months, money, 25f. sc.

BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE, FEBRUARY 9.
Boulogne and Amiens, 14yi—Dutch Rhenish, 4%—Louvain u la
Sambre, I —Northern of Franco, 12% —Paris and Lyons, 7%—
Rouen and LIATIki, 17.

MONEY and COMMERCIAL NEWS.
CITY, QUARTER TO THREE.
There was not much business clone yesterday in the
Cotton Market at Liverpool. Sales, 3,500 bales, at about
previous rates. The Railway Share Maraet was tolerably
firm, but not much was done.
The sale of Railway Shares yesterday, by Messrs. Lamond
and Co., was rather flat, and prices were a shade lower.
The following are a few of the principal sales :
Calcutta and St. George's Point £0 4 0
East Indian
Great Western of Bengal 0 5 6
Waterford, Wexford, and Valentia ...... 0 5 6
Great Luxembourg
Eastern Counties, York Extension 4 14 6
Reading, Guildford, and Reigate 3 16 0
Derby, Stafford, and Worcestershire 0 9 6
Ambergate, Nottingham, and Boston
North British, Extension 1 7 0
Liverp. Manch. and Newcastle-upon-Tvne 2 0 0
Newport and Abergas-enny 0 15 0
Great Northern (London and York Reg.) 2 12 6
South Yorkshire, Doncaster, and Goole
Boston,Stamford, andßirmingham...
The attention of the Legislature being about to be directed
to the operation of the navigation laws, it may be useful to
glance at the proportion of vessels employed last year in the
New York trade. The total arrivals were 2,293 ships; 1,620
of which were American, 380 British, 67 Bremen, 41
Swedish, 26 liamburgh, 15 French, 21 Norwegian, 20
Dutch, 16 Danish, 16 Portuguese, 12 Prussian, 9 Austrian,
10 Sardinian, 4 Belgian, 3 Russian, 5 Brazilian, 4 Spanish,
the rest being Sicilian, South American, &c.
The arrivals increased greatly compared with former years,
both as regards vessels and passengers, in 1846, and as con-
trasted with 1845 the augmentation in vessels is 249, and in
passengers 32,370. We have not, however, any return before
of the relative increase of British shipping to New York,
though we believe there is no doubt that our ship-
owners have participated in the fuller employment
afforded. There is one rather material point, however, to be
borne in mind, viz., that the American possessed, until
within the last year, and still to some extent indeed, much
greater facilities for the economical construction and sailing
of vessels than ourselves, and that it is only
by giving the British shipowner the fullest advantage
of free trade that he can be expected successfully to compete
with his trans-Atlantic rival. Accomplish this, and we shall
probably no longer hear of the anomaly of our lead-
ing merchants being part owners in vessels sail-
ing under the United States' flag, not even excluding
the splendid " liners." There is no reason but our self-im-
posed restrictions why long ere this a complete squadron of
first-class line of packet ships should not have been trading
between England and New York with the cheerful Union
Jack as a successful rival to the gay star spangled banner.
The following will show more clearly, perhaps, the progress
of the arrivals from abroad at New York :
1839 1840 1842 1844 1845 1846
Passengers 48,152 62,797 74,949 61,002 82,960 115,230
Vessels..... 2,159 1,953 1,960 2,208 2,044 2,293
The inquiry prayed for by Mr. Ricardo, we feel tolerably
confident, will result in good to the British shipowner, because
it must include not only an examination into the question as
to whether any of the existing protection can be safely
withdrawn, but likewise a consideratim of the burdens
which should in justice be lightened.
There are no arrivals to .day beyond the usual continental
mails, and the accounts from Paris are not looked upon as
being quite so favourable, though it is unnecessary to attach
much importance just now to any of the changes of a single
day that may be produced by mere speculation. Facts and
events must guide us now, rather than induced changes or
prophesied evils.
The Funds are flat again this morning, sad although there
has not been much business done, the sales have been suffi-
cient to overbalance the purchases. Thus Consols, for
,;
present transfer, have realized 90. 1,4, and for time 90k3 a/4.
Exchequer. bills keep steady at 63. to 9s. premium.
auk
Stock has been firm at 203 to 204.
The indisposition to operate in the Foreign Market has been
very marked again, and except Portuguese Four per Cents.,
which are firm at 35 to 36, the quotations generally are flat.
Spanish Three per Cents, realise 343%, and the Five per
Cents. 2436 to 1,4. Mexican Stock was quoted 22 to lA,
Dutch Four per Cents. were 9214.
The Railway Share Market has been steady.
BRITISII FUNDS, ONE
O'CLOCK.
Bank Stock • • .• •• 203 204
Three per Cent. Reduced Annuities 90%
Three per Cent. Consols Annuities 90%%
New Three-and-a-Quarter per Cent. Antis. 92% y,
Long Annuities, Expire Jan. 5,1860 ..
Ditto, 30 years, Oct. 10, 1859
Ditto, 30 years, Jan. 5, 1860
India Stock ..
India Bonds, 1,000/.
Ditto, under 1,000/. .. .. 15 p
South a Stock • .. 100%
DUO, Old Annuities .. 90
D; to, New Annuities .. 89%
Commis for Account .. .• 90N %
Exchequer Bids. I x4d, 114 a.
1,0001. .. •• • • 69 pm.
Ditto, Small

• •• •• .• 250 251

ONE
FOREIGN FUNDS. O'CLOCK.
Mexican Bonds, 1846, 5 per Cent .. 2214 22
Portuguese Four per Cent .. .. 36 35
Spanish Bonds, 5 per Cent .. 243.4%
Ditto, Three per Cent .. 34%
Dividend• on the above payable in London.
Belgian Four-and-a-Halt per Cent
Ditto, Two-and-a-Half per Cent
Dutch Two-and-a-Ilalt per Cent
Ditto, 4 per Cent. Certificates
Ditto, Bonds

PRICES OF
RAILWAY SIIARES.

CLOSING
YRIcES.
204
90%
90y,
92%
9 9-16
9`l
99-it;

15 1
10,`
90y,
89%
50N

CLOSING
PRICES.

porated with many other railway companies, by several
Acts of Parliament, and it was usual in any bill filed
by the company to mention these Acts. The London and
North-Western Railway Company had entered into a con-
tract with the defendant, Mr. Swainson, for the purchase of a
piece of land, and the present Bill was filed on the 22d of
December, 1846, for the specific performance of that contract,
and praying that:it might be decreed that the plaintiff was
bound specifically to perform the contract. The defendant
did not put in his answer in time, and not being able,
as he alleged, to do so, in consequence of not having
had au opportunity of reading the several Acts
referred to in the Bill, he applied, under the new order, to
Sir W. Horne for further time, which application was granted,
and six weeks further given, and that order it was now
sought to discharge.
Mr. Walker and Mr. Wright opposed the application.
His HONOUR directed the order of Sir W. Horne to be dis-
charged, and gave the defendant ten days to put in his
answer to the bill.
COMMON PLEAS.-(THIS DAY.)

1
BARKER V. LYNDEN.
On the assembling of the Court this morning, this case,
which was part-heard yesterday, was resumed.
Mr. Stevens, the secretary of the company, was recalled,
and cross-examined at some length, with the object of
showing that the advertisements were ordered on behalf of
the managing committee, and not at the instance of the pro-
visional directors. The evidence, however' did not show
that any particular distinction was kept up between the two
bodies. The only material point elicited was, that the five
original projectors, in consideration of having a certain num-
ber of shares allotted, or a certain amount of money paid
them out of the deposits, would bear the directors harmless
in the expenses. The shares had never been allotted, and
the arrangement was not carried out.
No dispute being raised respecting the fact of the adver-
tisements having been inserted in the newspapers by Mr.
Barker,

Mr. sergeant BreEs submitted that no evidence bad been
' adduced to fix the liability on the defendant. No proof was
given that any credit had been given to the provisional di-
rectors. If any credit was given it was either to the secre-
tary or the committee of management. It did not appear
that the secretary, who gave the orders, had ever been ap-
pointed by the provisional directors; for the meeting at
which that gentleman and the solicitor were appointed was
only a meeting of certain gentlemen favourable to a parti-
cular line or railway. Any appointment of officers or orders
emanating from such a meeting, therefore, could not bind
the provisional directors who might be afterwards published
in connection with Vee company.
Mr. lixsa4 followed on the same side.
Mr. COCKBURN contended for the liability of the defendant
on the grounds set forth in the evidence. This case was dif-
ferent from the ordinary cases of provisional directors, huts-
' much as no distinction had been shown in practice here be-
tween provisional directors and the committee of manage-
ment. In fact they acted as one concern. Again it had
been clearly shown, that the defendant had given his consent
to be a provisional committee-man; that his name had been
inserted in the prospectus by his instructions; that a cor-
rection of his name was made in his own presence;
and that as provisional director, be had desired
to have ISO shares allotted. Besides he had
given en several other instances proofs that he took
a lively interest in the company's proceedings. He sub-
mitted, also, that the meeting on the Bth of October was
clearly a meeting of provisional directors, for though they
might meet in the first instance as gentlemen in favour of a
particular scheme, they resolved themselves before breaking
up into a provisional committee, and made the appointments
as such. The acts of the officers, therefore, were to be taken
as proceeding from the instructions of the provisional com-
mittee; and as advertising was absolutely necessary for for-
warding the scheme, that was clearly a liability incurred at
their instance.
Mr. James and Mr. Parry followed on the same side.
Mr. Sergeant BYI.ES replied, recapitulating the objections
be had previously advanced.
The LORD Cum. Jusnete said, a great deal of what had
been advanced on this occasion was inapplicable to the pre-
sent case. There were certain points on such questions as
these, settled as law, till reversed by the House of Lords--
an event which he apprehended would never take place. If
he differed ever so widely from what had been already de-
cided, in his individual capacity, he would in law and pro-
priety be bound to give effect to it; but lie saw no ground,
whatever for difference. Much had been said about the hard-
ship of the plaintiff having no responsible party to proceed
against, if these provisional directors were not liable. But in
a great number of those cases, he must remark, the actions
were not in reality brought on kehalf of the plaintiffs,
but only to enable the projectors of companies
to save themselves from liabilities incurred, and to saddle
them on other parties. He did not, however, say that this
was the case with the present plaintiff, who was a trades-
man, and had, no doubt performed the services for which he
sought to recover. It was settled as law that an individual
consenting to be put on the list of provisional directors did
not, therefore, pledge his credit for any debts that might be
contracted in for warding the objects of the company. It
had also been settled that the taking of shares as a provisional
director did not establish a liability. Now the present
action Ivies brought by an advertising agent, and it. would
be necessary to refer to the evidence which bad been
adduced in support of the liability, in order to discover it
there was no exception to the rule. The evidence had
shown that the defendant assented to be placed en the pro-
visional directory, and that he bad also consented to take
issued.
It shares, though it appeared shares had never been
It had next been shown that he had expressed himself as
willing to have his name advertised as a provisional director.
Now, these in his (the Lord Chief Justice's) opinion, did not
take the case out of the decision which the superior Court
had come to, therefore did not establish the legal liability of
the defendant. In reviewing the other parts of the case, be
did not think there were any circumstances to alter
this view of the matter. The meeting of the Bth of
October seemed to him but a meeting of certain gentlemen
desirous of forwarding a particular railway scheme, and they
appointed the -provisional directors, but at this time the)
were not directors. Neither did he think the circumstance
of the defendant promising subsequently to settle the matter.
of such a character as to give any other complexion to the
case. The evidence of that was not very clear, and was given
by Mr. Garbett, who, it should be observed, had been inti-
mately connected with getting up the scheme.
The Learned Judge haying gone over the evidence in de.
tail, gave it as his decision that there was rot sufficient evi-
dence to go to the jury, and that the plaintiffs should be non-
suited, or else a verdict to go for the defendant, in order to
admit of a bill of exceptions.
tinder the direction of his Lordship, a verdict was returned
for the defendant.
Mr. COCKBURN, on behalf of the plaintiffs, then tendered a
bill of exceptions to the ruling of his Lordship.

MPERIA L PA 1(1 lAMENT.

(THIS DAY.)

HOUSE OF COMMONS.
The SPEAKER took the Chair at Twelve o'clock.
ROMAN CATHOLIC RELIEF BILL.

Mr. WATSON brought in this Bill, which was read a firt,
time, and ordered to be read s second time this day fortnight

IRISH POOR-LAW.
Mr. FREWEN presented a petition from the guardians of
the Cuckford Union, in the county of Sussex, praying for an
alteration in the Irish poor-laws.
TEN HOURS' BILL.
Mr. BROTIIERTON presentedla petition from Manchester,
agreed to at a public meeting, and signed by 22,326 persons,
in favour of the Ten Hours' Bill; also petitions to the same
effect from Rochdale and other places.
An Holt. MEMBER presented a petition from Macclesfield,
signed by 2,246 persons, in favour of the Ten Hours' Bill.
Mr. B. DENISON also presented a petition in favour of
the Ten Hours' Bill from the West Riding of Yorkshire,
signed by upwards of 5,000 persons.
Sir G. STRICKLAND presented petitions from Halifax,
Rochdale, Bury, Bacup, Macclesfield, Salop, Wed-
nesbury, and other places, in f4vour of the Ten Hours' Bill.
Mr. FERRAND also presented a petition from Bacup,
signed by 1,823 persons; also from 1,100 workmen' in the•
employ of Messrs. Burnley and Co.' praying the House to
restrict the labour in factories to ten hours.
Colonel ACTON presented a petition to the same effect
from some place, the name of which:we were not able to
catch.

Lord G. BENTINCK presented 32 petitions from various
towns in the country, praying the Government to adopt the
principle of the Tea Hours' Bill. The Noble Lord also pre-
sented a petition, signed by 232 of the workmen in the em-
ploy of Messrs. J. Bright and Brokes, in favour of the mea-
sure for restricting the time of labour in factories to ten
hours.

Mr. AINSWORTH presented petitions, numerously
signed, from Bolton and ten other places, in favour of the
Ten Hours' Factory Bill.
Mr. CHRISTOPHER presented a petition, numerously
signed from Lincoln, to the same effect.
RAJA OF SATTARA.
Mr. T. DUNCOMBE presented a petition from the inha-
bitants of Finsbury, praying the House to do justice to the
claims of the Raja of Setters.

THE ANATOMY ACT.
itcaolsmomtptrteeseentoteidn
inquire
e petition,in to
House litoONaPMpOEin3tlßEa tI Ie prayingoperationof the Anatomy Act.
AFFIDAVITS IN COURTS OF LAW.
The HONE ME
. MBER also presented a petition, praying
the House to adopt some measure for the purpose of giving
increased facilities and wider extension to the use of alidavite
in the courts of England and Ireland.
, TEN HOURS' BILL.
Sir R. H. INGLIS presented a petition, signed by the
clergy and Dissenting ministers of the town of
individual':ttiritl
favour of the Ten Hours' Bill, and hoping
that
ion to the
interests would not be allowed to stand in opposition
cause of the general interests of humanity.
Mr. BANKES presented a petition fr
le the workmen in
in favour of the
the employ of Messrs. Hurst, at Rochdale,
Ten Hours' Bill ; also petitions from Dorset and other places,
to the like effect.
Mr. STEWART presented ten petitions from various
of Yorkshire to the same effect.
parts of the West Riding
NEWMARKET AND CIIESTERFORD RAILWAY.
MRMBLI; this Bill was read a
On the motion of an LION.
second time.

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