The Sun.
London, England, 1847-01-28 00:00:00

THE SUN, LONDON,. THURSD

• Average Asictint,
Oxfordshire Witney Bask Witney-Williams,
Clinch, and Co 10,904
Pease's Old Bank, Hull, the Hull Old Bank and
Beverley Bank, Hull-Pease and Co 47,542
Penzance Bank, Penzance-Batten and Co 11,314
Peterborough Bank and Oundle Bank, Peter-
borough-Messrs. Yorke
Peterborough Bank, Peterborough-Simpson,
White, and Simpson 10,684
Pembrokeshire Bank, Haverfordwest-J. and
W. Walters -
Penzance Union Bank, Falmouth Bank, and
Truro Bank, Penzance-Rickets, Enthoven,
and Co
Reading Bank, lleading-Simonds and Co 37,435
Reading Bank, Reading-Stephens,Blandy, and
41.307
Co
Richmond Bank, Richmond-Stapleton and Co 6,462
Ringwood and Poole Bank, and Town and
County of Poole Bank, Ringwood-Ledgard
and Sons
Rochdale Bank, Rochdale-Clement, Royda,
and Co 4,880
Rochester, Chatham, and Strood Bank, Roches-
ter-Day and Nicholson 9,413
Romsey and Hampshire Bank, Romsey-Foot-
n'er and Son -
Royston Bank, Royston-Fordham and Sons 15,953
Rugby Bank, Rugby-Butlin and Son 12,673
Rye Bank, Rye-Curteis, Pomfret, and Co 25,938
Reigate and Darking Bank, and Reigate, Croy-
don, and Darking Bank, Reigate-Nash and
Co . . 13,903
Ross Old Bank, Herefordshire, Ross-Pritchard
and Allaw ay 4,292
Saffron Walden and North Essex Bank, Saffron
Walden-Messrs. Gibson
Salop Bank, Shrewsbury-Burton, Lloyd, and
Co
Scarb- rough Old Bank, 'Scarborough-Woodall
ana Co 24,598
Shrewsbury and Market.Drayton Bank, Shrews-
bury-Adams, Adan.s, and Co 9,541
Shrewsbury Old Bank, and Shrewsbury and
Ludlow Bank, Shrewsbury-Rocke, Eytons,
and Co
Sittingbourne and Milton Bank, Sittingbourne
-Valiance and Son 3,940
Southampton Town and County Bank, South-
ampton-Aladdison and Son
Southwell Bank, Suuthvvell-Wylde and Co.
St. Alban's Bank, St. Alban's-J. S. Story 3,026
Salisbury Bank, Salisbury-Messrs. Brodie 21,219
Shaftesbury Bank, Shaftesbury- Brodie and
King
Southampton and Hampshire Bank, Southamp-
ton-A therly and Fall
Stone Bank, Stone-W. Moore 7,895
Stourbridge Ban :c, Stourbridge - Rufford,
Wragg, and Co
Stafford Old Bank, Stafford-Stevenson and Co 14,718
Stamford and Rutland Bank, Stamford-Eaton,
Cayley, and Co. ~
Stourbridge Old Bank, Stourbridge-Bate and

18,049

Robins
Shrewsbury and Welshpool Bask, Shrewsbury
—Beck, Downward, and Co. 26,330
St. Alban's and Milli Bank, St. Alban's—Gib-
son and Stuart 2,313
Taunton Bank, Taunton—Messrs. Badeock 28,359
Tavistock Bank, Tavistock—Gill, Rundle, and
Co 13,086
Thornbury Bank, Thornbury—Rolph, Yates, and
Parslow
Tiverton and Devonshire Bank, Tiverton—Duns-
ford and Barne
Thrapston and Kettering Bank, Northampton-
shire, Thrapston—Yorke and Eland 12,053
Tring Bank and Chesham Bank, Tring—But-
cher and Son
Towcester Old Bank, Towcester—J. and S
Percival
Union Bank, Cornwall, Helston—Vivian and
Co. 16,661
Uxbridge Old Bank, Uxbridge—Hull, Smith, .
and Co. 24,958
Wallingford Bank, Wallingford—Wells and Co. 10,269
Warwick and Warwickshire Bank, Warwick—
Kelynge, Greenway, and Co. 29,767
Wellington Somerset Bank, Wellington—Fox,
Brothers
West Riding Bank, Wakefield, and Pontefract
Bank, Wakefield—Leatham, Tew, and Co.
Whitby Old Bank, Whitby—Simpson, Chap-
man, and Co 14,283
Winchester, Alresford, and Alton Bank, Win-
chester—Bulpett and Co.
Winchester and Hampshire Bank, Winchester
—Wickham and Co 5,825
Weymouth Old Bank and Dorchester Bank,
Weymouth—Elliott and Pearso
Wirkesworth and Ashbourne Derbyshire Bank,
Wirkesworth—Arkwrisht and Co.
Wisbcch and Lincolnshire Bank, Wisbech—
Gurney and Co.
Wiveliscombe Bank, Wiveliscombe--P. and W.
Hancock . .
Wolverhampton Bank, Wolverhampton—Good-
ricke and Holy oake.. 13,216
Worcester Bank, Worcester—Farley,Lavender,
and Co. 13,173
Worcester Old Bank and Tewkesbury Old Bank,
Worcester—Berwick, Lechmere, and Co 86,059
Worcestershire Bank, Kidderminster—Farley
and Turner

Whitby Bank, Whitby—Frankland and Wil-

kinson
Walsall Old Bank, Walsall—Charles Footer and
Sons
Warminster and Wiltshire Bank, Warminster—
Everett and Co.

24,110

Wrexham Bank, Wrexham—J. and S. Kenrick 2,088
Wolverhampton Bank, Wolverhampton—
Messrs. Fryer
Yarmouth and Suffolk Bank, and Halesworth
and Suffolk Bank, Yarmouth—Gurney,
Birkbeck, and Co.
Yarmouth, Norfolk, and Suffolk Bank, Great
Yarmouth—Sir E. K. Lacon, Bart., and Co 11,797
Yeovil Old Bank, Yeovil—E. and J. Batten
York Bank, York—Swann. Clough. and Co 45,296
JOINT-STOCK BANKS.
Bank of Westmoreland, Kendal ..
Barnsley Banking Company, Barnsley . , 9,032
Bradford Banking Company, Bradford 50,802
Bilston District Banking Company, Wolver-
hampton
Bank of Whitehaven, Whitehaven
Bradford Commercial Banking Company, Brad-
ford
Burton, Uttoxeter, and Staffordshire Union
Banking Company, Burton-upon-Trent
Chesterfield and North - Derbyshire Banking
Company, Chesterfield : .. ,
Cumberland Union Banking Company, Work-
ington
Cheltenham and Gloucestershire Banking Com-
pany, Cheltenham
Coventry and Warwickshire Banking Company,
Coventry
Coventry Union Banking Company,. Coventry 15,566
County of Gloucester Banking Company, Chel-
tenham i 127,535
Carlisle and Cumberland Banking Company
Carlisle
Carlisle City and District Bank, Carlisle 19,658
Dudley and West Bromwich Y3anlcing Company,
Dudley • 39,493
Derby and Derbyshire Banking Company, Derby 19,719
Darlington District Joint-Stock Banking Com-
pany, Darlington 24,330
East of England Bank, Norwich
Gloucestershire Banking Company, Gloucester 151,355
Halifax Joint-Stock Bank, Halifax 17,539
Huddersfield Banking Company, Huddersfield 38,594
Hull Banking Company, Hull . 29,344
Halifax Commercial Banking Company, Halifax 13,834
Halifax and Huddersfield Union Banking Cora-

psny, Halifax t, _
,43,641
Helston Banking Company; Helston 1,470
Herefordshire Banking Company, Hereford 20,684
Knaresborough and Claro Banking Company, -
Knaresborough .. • • 26,233
Kingsbridge Joint-Stock Bank, Kingsbridge 4,300
Lancaster Banking Company, Lancaster • 59 872
Leeds Banking Company, Leeds
Leicestershire Banking Company, Leicester
Lincoln and Lindsey Banking Conipany, Lincoln 53,273
Leamington Priors and Warwickshire Banking
CoMpan, Leamington Priors
Leeds and. West Riding Banking Company,
Leeds • •••••

Leeds Commercial Banking Company, Leeds.;, 1,321
Ludlow and Tenbury Bank, Lndlow 9,605
Moore and Robinson's- Nottinghamshire Bank-
ing Company, Nottingham 27,631
Nottingham and Nottinghamshire Banking
Company, Nottingham
Newcastle, Shields, and Sunderland UniOn Joint-
Stock Banking Company, Newcastle 77,930
National Provincial Bank of Eugland, Birming-
ham, Head-office, 112, Bishopsgate-street,
London 445,331

North Wilts Banking Company, Melkaham 60,909
Northamptimshire Union Batik, Northampton 86,121
Northamptonshire Banking Company, North- .
ampton ' - 24,000
North and South Wales Bank, Liverpool - 54,326
Pares's Lein2sta-shire Banking Company, Lei-
cester 58,284
Saddleworth Banking Company, Saddleworth 2,360
Sheffield Banking Company, Sheffield 35,177
Stamford, Spalding, and Boston Banking Com-
pany, Stamibrd . ' 53,805
Stuckey's Banking Company, Bristol Somerset-
shire Bank, and Somersetshire Bank, Lang-
port
Shropshire Banking Company, Shiffnall ...
Stourbridge and Kiddertatuster Banking Com
pany, Stourbridge. .......... 5 ,557
Sheffield and lisllarnshire Banking Company, I
Sheffield
Sheffield and Rotherham Joint-Stock Banking
53,223
Company,Shelliu!d ....
Swaledale and Wensleydale Banking Company,
Richmond ... ..................... •49,013
.... . ..................... ..
... .
Stockton and Durham County Banking Com-
pany, Stockton.. ...
Storey and Thomas's Banking Company,.
9,117
Shaftesbury
Sheffield and Retferd Bank, Sheffield ...
Suffolk Bankinc Company, Ipswich .............
Wolverhampton au.lStaffordshire Banking COM '
37 342
an, Wolve'r
13aru
Wakefield and ley Union Bank 9 Wakefield 12,615
Whitehaven Juint-Stock Banking CompanY, 191
Whitehaven .. , .. . ,
......... ~ 32,
WLeestaniofingtErglane.
Warwick and Leurnh.gton Banking Company'
..... .
. , ..
4311*Bnatol.
. .. 4
alui
' South Wales DisiCie. t' 3"7
5

_E

________ Average Amount
Wilts and Dorset Banking Company, Salisbury 72,389
West Riding Union Banking Company, Hud-
dersfield
Whitehurch and Ellesmere Banking Company,

Whitchurch - - - 7,040
Worcester City and County Banking Company,
Worcester..... , 6,703
York Union Banking Company, York 72,213
York City and County Banking Company, York 93,718
Yorkshire Banking Company, Leeds
P. DEANS, Registrar of Bank Returns.
Stamps and Taxes, Jan. 23, 1847.

PETITIONS ON PRIVATE BILLS.
HOUSE OF COMMONS.
(Continued from our Afternoon Edition of yesterday.)
(Room 22, before Mr. Examiner SMITH, and Mr. Assistant-
Examiner FRERE.)
NORTH BRITISH RAILWAY (No. 2).
At the close of the case it was decided that in several in-
stances the standing orders had not been complied with.
The Examiner rose at four o'clock.
(Room 23, before Mr. Examiner MAY and Mr. Assistant-
Examiner GUNNELL.)
GLASGOW, KILMARNOCK, AND ARDROSSAN
RAIL W AY.
The opposition was exceedingly severe, and occupied the
whole of the day. Several allegations complaining of the
inaccuracy of the plans and sections, were sustained.
The case had not closed when the Examiner rose.

LAW INTELLIGENCE.
COURT OF QUEEN'S BEACH, Jan. 27.
THE QCEEN ON THE PROSECUTION OF THE MEDWAY NAVIGA
TION COMPANY v. TILE SOUTII-EASTURN RAILWAY COMPANY.
In this case a mandamus had been issued by this Court, at
the instance of the Medway Navigation Company, directing
the South-Eastern Company forthwith to cause their engi-
neer, or other agent, to inspect or examine a certain locomo-
tive steam- engine belonging to the Medway Company, which
at the time the mandamus was issued was on a siding of the
railway near Tonbridge, and to report thereon to
the railway company, and to give, 'within seven days
after such report, to the Medway Company a certificate
of approval of such engine, pursuant to the provisions of
the Act under which the railway was constructed. It ap-
peared by this Act that no locomotive, or other engine, or
other description of moving power, should at any time be
brought upon, or used on the line, unless it should have been
approved of by the company, and they were required,
within 14 days after notice to them, by any person de-
sirous of bringing any engine en the railway, to cause their
engineer or other agent to inspect and examine such engiae,
at any place within five miles of the railway, and to report
thereon to the company ; and that they, within seven days,
in case the engine should be fit and proper I. be used, should
give a certificate to the party of their approval. In their
return to the writ the South- Eastern Company
simply set forth that, on the passing of the
Maidstone branch, the Medway Company obtained power to
construct sidings, communicating with the main lines of the
branch, for the conveyance of their goads or minerals to
the main line, and that such locomotive power as the South-
Eastern possessed should be used for the conveyance of these
goods and minerals at the usual rates along their line, and
that they had incurred great expense, and afforded every
convenience to the Medway Company for this purpose. The
Medway Company demurred to this return, on the ground of
insufficiency in law, and that the right of having their goods
so carried did not destroy the right of the Medway Company
to have a certificate of.approval of the engine in question.
The case now came on for argument in the usual form.
Blr. ALEXANDER had been heard at great length on behalf
of the railway company. He contended that the return
was sufficient, and that the allegations in the mandamus
were not maintainable, inasmuch as they were too large and
general.
Mr. M. CHAMBERS was now heard in support of the writ.
He said as the return did not state that the engine was an
unfit one, it followed that they must assume that it was a
proper engine, and that it was incumbent upon the rail-
way company to direct their engineer to furnish them with
a certificate of the fitness of the engine, and that the
Medway Company should be furnished by the railway com-
pany with a certificate of approval. The 153 d section of
their Act, the one out of which the proceedings arose, dis-
tinctly enacted that the company should grant a certi•
ficate of approval if the engine was found to be a fit and
proper one. The approval of the company was required in
order that they might be prevented from solely depending
upon their engineer, and from his supplying them, either
through carelessneas or design, with a false or capricious
report. He admitted that the engineer was a proper person
to make such a report, and that the company would be per-
fectly justified in saying, if he presented an unfavourable
report, that the engine should not run on their lne. It was
established as a fact that the engine in this case was a fit
and proper one, and that the Medway Company had adopted
the proper course, in order to run it on the line. In accord-
ance with the terms of the Act, the public might run an en-
gine over the line, provided :it was a fit one. The legal
construction of the Act, he contended, was that all parties
should not only have the power of running carriages,
but locomotives along a railway—in point of fact, using the
railway as a public highway. The mandamus could not be
too large or general, inasmuch as both the engineer's report
and the approval of the company must be obtained. Then
again, the word "approved" did not mean that an engine
might be rejected on frivolous grounds. If the engineer sent
in a report stating that the engine was unfit, whilst the
contrary was the case, the company was bound to give the
required certificate of approval, as the Act did not make
them entirely dependent upon the engineer, whose opinion
' might be biassed.
Lord DENMAN said the Court could not help saying that
the Act made a very imperfect provision for inquiring into
the capacity of an engine. Some other officer than the en-
gineer should have bees named, but the Court could not
construct a new Act to meet this particular case. The man-
damus should have directed a report. If a company refused
to do that which the Act required, an action would lie for
maliciously refusing to perform the conditions the Act re-
quired.
Mr. Justice PhrrEsote said the Act foolishly enacted
that engines and carriages might be run on certain condi-
tions, but it was merely inferential, as it did not say that
they might be run.
Mr. CHAMBERS held that all railways were nothing but
public highways, on which carriages of a certain description
might be run on certain conditions, and if he established
this right, the public might run locomotives along such
lines with as much right as they now took a horse at-
tached to a carriage along a common road. In the case of
the King v. The Severn and Wye (2d Barnewell and Alder-
son) Chief Justice Holroyd stated distinctly that a rail-
way was nothing more nor less than a public highway, and
LERIDGE said be had no doubt that a
that persons using a certain mode of a carriage might use
it
leinr.pajyuisntgicetoclio.
railway, was a highway under certain restrictions.
Mr. Justice narricsos said, by the 128th section the com-
pany was empowered to provide locomotive power and car-
riages, but they were not commanded. In a case reported
in ex-parte Dowling's cases, a mandamus was applied for
to compel a railn ay company to convey the goods of a
carrier along their line, as this Act did lot compel them to
carry all goods. The application was refused. The ques-
tion was an important one, as all railway Acts were simi-
larly worded. Ile submitted that his clients had a right to
run their engine on the line, and hoped the Court would
were constructed
they
yer them, but it did
compel the company to allow it to be run, without driving
them to try their right of action.
Lord DBNMAN said all
.railways were public roads,
iigchhts
not follow that all consequences which attached to
. roads must attach to railways. One of these
public
e. 3 would be that any one of the public might run
consequences rtainwl;
leased. Ile thought it
any carriages be I, ' would be very
gasavethethe Arehtshlicunedeet
alarming to hold out that any person might bring an engine
and work it over a line at his ewn pleasure. Now the Act he
thought had provided a proper security against the results,
by the impro per use of
which might ensue
he certificate of the engineer and the approval of
n amely, t
the company. The mandamus called upon the company to
and
grant their certificate . .
their approval before the engineer
his, in opposition to the spirit of the Act; there-
had granted
called
upon him to grant his certificate
that the writ which
a fit and proper one, without h' b • I IS -eying
that the engine was
bad.
examined it, was clearly ,
Mr. Justice PATTY-S
osi.and the other Judges agreed with
the Chief Justice, and that the mandamus as it stood was too 1
•
larghe mandamus vre.
' a 3 accordingly discharged.
I I
;2

BAIL COURT, Jan. 27.
BANKES V. 24Ew1`ox.
Mr. Justice Erle proceeded to give judgment.in this
case
th g.is mornin
The facts of the case were, that Mr. Newton, a barrister,
had become indebted to Mr. Bankes in the sum of 41. fo;
groceries, and in consequence of the non-pavment of the
money Mr. Bankes sued Mr. Newton in the Sheriffs Court,
and obtained a verdict in his favour. Mr. Newton after-
wards applied fora rule nisi for a new trial, on the ground
that the clerk of the plaintiff's attorney had, during the
absence of Mr. Newton, represented the cause as undefended,
and consequently the cause was taken, and a verdict obtained.
He also applied on the ground that there was a competent
court to dispose of debts under b/. in the district in which
be (Mr. Newton) resided, a Wandsworth. On these grounds
the rule was granted.
how :dicause against the rule.
in giving juugment, remarked, that after
He
seurryghiedeliitLgtginwsh, Yenestteh,rdeaYdesbt was contracted the defendant's
the rule had been ob..
iocher side, it appeared to
offices were in Blanchester-buildings, while his house was at
Wandsworth. Neither had he objected when the writ was
Mr. Justice ERLE,
whihmatthhaatdthbeeetnwoshgozindocno:kweh
tained did not materially bear upon -
the case, and, therefore,
under all the circumstances, the Court thought it better to
discharge the rule. .

_ ...
COURT OF COMMON _PLEAS, Jan. 27.
THE 11* ST IND,T.A. si'Aii-SHIP eOMPARY.---SCOIT AND
• .
ANOTIIKE V. BERICICLEX.
mews. Scot. Sinclair and
. Mr. Gainxivoon appeared in this- case, which Was part
Tofh2elac,6ootio/n. fwrommthell
heard, in -support of the plaintiff's right to recover the sum,
Ml'', as a direc-
tor 'of the East India Steam-ship ComPanY, LIQW defunct.
brought°n
the ' extensive ship-builders . of Greenock, to recover
the - -sum named as' the balance of an account
due for building; a . steamer' for the said company.
The proceedings which were taken resulted in jadgment being
;.bCyraven Berkeley,
signed against the detendint. Before' execution' was issued
objection was taken as yf, the liability of the defendant, and
after some discussion' it was mutually
agreed to turn the
matter into a special case for the OP.
inion of the Court; as to
whether, in September, 1843, when judgment Was signed, the
defendant was a membr or director otthe company.
All the arguments adduced, which were entirely of a tech.
nice! and legal character, were directed to this matter.
The COURT decided the point in favour of the defendant.
The other cases argued were demurrers of ,no interest ex-
cept to the parties concerned.

AECONDARIES' CoURT, Jan. 27.
recover the sum of 61,3884
- •
Thisr•lol an4attAlioan hrtrglfiTtir
on a guarantee.
The defendant suffered jtidgment to go by default.
The plaintiffs are bankers, and It was understood the de-
fendant is a gentleman at York, but it did not transpire either
in the addiess to the jury, or in-the college of the evidence, in
whose behalf or on what ground: the guarantee. was given,
but it_ appeared that 28,6661. odd was upon overduehills of
exchange and interest, and the remainder the balance of a
banking Recount, and twelve months interest at five per cent.
. Mr. Wails, a-clerk to' Mesbrs. ' Bon the Plaintiff's solici-
tor was called to prove the calculation of the interest, and
also that the defendant had admitted the correctness of the
account.' • - •
Thel.:eirued SECONDARY, asked; in what•manner the ad-
The
was-Made:- 1. ~• ' • •
The villi,ess saldlielad tone through the • account with
Mr. Bonet;: 1;
ittomey,i who. had •
signed the admission.