The Sun.
London, England, 1846-01-27 00:00:00

RAILWAY.

Application was made in respect to the money.
937,7501., paid in under the standing orders of the
House of Commons, to have it invested in the pur-
chase of Exchequer-bills.
His HONOUR made the order.
EX PARTE OXFORD AND CAMBRIDGE JUNCTION'.

Application was m4de that 32,3871., pail in under
the standing orders of the House of Commons, might
be laid out in the purchase of Exchequer-bills. The
order was made aocor.ingly.

COURT OF EXCHEQUEB, Jan. 26.

IMPORTANT TO SHAREHOLDERS AND THE

STOCK EXCHANGE.
(Sittings in Banco.)
YOUNG V. SMITH.

This was an action of debt for work and labour done
by the plaintiff, as a stock broker, for the defendant, by
the sale and purchase of shares in a number of railway
companies, including the Churnet Valley, the Direct
Northern, the Armagh, Coleraine, and Portrush, and the
Enniskillen and Newry Companies, to which the de-
fendant had pleaded that the companies had not bean
duly and completely registered, in accordance with the
provisions of the Joint-Stock Companies Act, upon
which the plaintiff had raised a demurrer, denying that
railway companies were liable to the provisions of the
Joint-Stock Companies Act, alluded to in the plea.
Mr. JEaves now appeared to support the plea in op-
position to the demurrer. He commenced his argument
by informing the Court that the case involved a point
of considerable importance to the railway world, upon
which the opinion of the whole profession was com-
pletely divided, and both the bar and the railway world
were lookipg for the decision of the Court upon it with
the utmost interest. The aetion was brought by the
plaintiff, who was a stock-broker, to recover a sum of
money for work and labour done in the buying and
selling of railway scrip, but the defendant alleged that
the Company had not been completely registered in
accordance with the Joint-Stock Companies Act, and
this made sales and purchases in their shares not only
null and void, but rendered the shareholders selling them
liable to a penalty. Their Lordships would find th,a
the first clause of the Joint Stock Companies Act re-
ferred to the powers of shareholders in joint-stock
companies, and that the shareholders of all companies,
formed or commenced after the Ist of November, 1844,
were prohibited from selling their shares until complete
registration should be effected ; but companies, such as
railway companies, who required an Act of Parliament to
enable them to carry on their objects, were exempt from
the operations of this provision, except in certain cases
to be afterwards mentioned. Now, it would appear
from that part of the Act, that a railway company was
not liable to this prohibition ; but if their Lordships
would jug turn to the 26th section of the Act they would
see that the penalties imposed on parties for railway shares
in companies not completely registered were applicable
to railway as well as every other joint-stock company,
except a banking company, and this, as well as other
provisions in the Act, was sufficient justification of the
plea which his client had placed upon the record. It was
difficult, from the contradictory terms of the Act, to
ascertain what was the real meaning of the Legislature,
and he confessed that the interpretation clause threw
little or no light upon the subject.
Mr. Baron ALDERSON remarked that the greatest
evil of modern legislation was the interpretation clause
of an Act of Parliament, which prevented the Legislature
from explaining in precise words what its meaning was.
It was like having an interpreter who spoke English so
bad that it was more difficult to understand the inter-
preter than the other.
Mr. JERVIS admitted that his Lordship's objections
were well founded, but he thought the Act was suffi-
ciently explicit to show that all companies, except bank-
ing companies, must be completely registered before
their shares could become marketable.

Mr. MARTIN, on the other :ide, contended that rail-
way companies were exempted from the prohibitory
provisions of the Act. The Act only required that a
railway company should be provisionally registered, and
did not require it to be completely registered before the
shareholders could be at liberty to dispose of their
shares.

The LORD CHIEF BARON, in giving the judgment of
the Court, said that Mr. Martin had put two proposi-
tions to the Court, both of which he had established.
It appeared clear to him (the Lord Chief Baron) that
the 26th section of the Joint-Stock Companies Act did
not apply to a railway company. It was highly sati,-
factory to be able to soy that they knew the intention
of the Legislature in passing the Act, and that the me:til-
ing of the 26th section was the meaning the Legislature ir.-
tended to put on the 2d section. It seemed to him (the Lord
Chief Baron) quite clear that the operation of this Act
as regards complete registration and penalties for sa'e
of shares did not extend to railway companies, and
therefore there was no defence to this action.
Mr. Baron ALDERSON and Mr. Baron PLATT con-
curred with the Lord Chief Baron, and the pleas of the
defendant were declared eleinurrable

HALLET V. VIGNAT.
This was an action of trespass. which was originally
brought by the plaintiff in the Common Yl as to recover
compensation from the defendant in the shape f
damages for the injury he had sustained, by reason
of the defendant having destroyed the Fences of a close
of which the plaintiff claimed the fee simple. The close
was situated on the borders of Waltham Forest, and
it was contended on behalf of the defendant that he had
IN en guilty of no wrongful or illegal act, in so far as he
had been licensed by the Crown to hunt, fish, and hawk
in and about Waltham Forest, and as the close in ques-
tion was portion of that forest it was the property of
the Crown and not of the plaintiff, and the throwing
down of the fence was justified by the royal license.
The plaintiff, on the other hand, denied that the free.-
hold of the close was in the Crown; and the case thus
involving the rights of the royal prerogative, it was
removed from the Common Pleas into this Court, the
Court of Exchequer being the only Court which has
jurisdiction in cases where the rights, privileges, or
revenues of the Crown are involved.
The ATTORNEY-GENERAL now moved that the pro
ceedings in the case be stayed avain4t the defendant,
and for leave to substitute her Majesty's name for that
of the defendant, on the ground that the plaintiff con-
troverted the right of the Crown to the close in ques-
tion, and therefore, prima facie, the matter in dis ire
was between the plaintiff and her Majesty, not betweenP
the plaintiff and defendant.

The Court granted a rule nisi.
ATTORNEY-GENERAL V. BRYAN.
This was a criminal information, filed at the instance
of the Crown againt the defendant, for an infringement
of the revenue laws, which was tried in the last term
before the Lord Chief Baron, who refused to permit one
of the witnesses to answer a question, disclosing the
name of the informer through whom the Crown obtained
its information, criminating the defendant. Mr. Cham-
bers urged that this was contrary to all rules of evidence,
but the Learned Chief Baron rule] that the ordi-
nary rules of evidence were not applicable to a revenue
case, and a rule nisi was subsequently obtained to quash
the information, on the ground that the Learned Chief
Baron's dictum was erroneous ; and after hearing the
arguments pro and con, the Court took time to consider
the case.

The Loan CHIEF BARON now delivered the judgment
of the case, confirming his former ruling, that a witness
cannot be asked a question tending to disclose the name
of an informer who is a third party, and does not appear
In the progress of the information. The rule was one of
great antiquity, and was invariably applied to criminal
cases.
Rule discharged accordingly.

COURT OF COMMON PLEAS, Jan. 26.
REGISTRATION APPEAL.

BISHOP V. BROWN, HIGH BAILIFF OF WESTMINSTER.
Mr. ARNOLD appeared against a decision of the Re-
vising Barrister for the City of Westminster, on the fol-
lowing grounds:—The appellant, Mr. Bishop, submitted
that his name had been improperly struck from the re-
gister. He had, previous to the day fixed by the statute
for the payment of rates, gone to the proper officer and
tendered what he conceived to be the amount due. The
overseer said he could not tell the appellant then exactly
what 'as owing, but that he would apprise him of it in a
day or two. The appellant paid no more attention to
the matter, and his name was plaeed upon the list sub-
witted to the Revising Br msb-r; but being ohjf.eit d to
in the Court of Revision the name was struck off' The
Learned Gentleman, at sortie length, contended that tie
appellant had made a legal tender of the ratea; that if

Any f9ljit olrictPel it u-qc in tho nvorcoPr, /04 thgt c"sr
quently the rid bt c inipropt;rl) 'track
Their* Lordships, wiihont hearing Counsel on the
side, decided that the tender of rates was not g.:
and that therefore the decision of the Revising
should be sustained.

MARKET NEWS.---(YESTERDAV

CORN-EXCHANGE. irrigsll
During the week ending on Saturday evening, the
firm
of English Wheat up to our market were on a reLrgoghsh
scale, and for the most part of middling quality. yr ,•'e Web
Barley,the receipts were adequately extensive; but tuasusiii
supply of all other grain of home produce was 00 hire
small. The imports of Foreign Wheat were seasonably, fro
but scarcely any supplies of other articles came to hanuefi-
either the Continent or Ireland. An extremely santYpaeft
vat of Wheat was reported fresh-up to-day, from.
Kent, and Cambridgeshire ; coastwise as well as hYl47isotif
riage, it scarcely amounting to 600 quarters, coll.; hot'
the stands were very bare of sasnples. 'OOOl,
ever, as the attendance of buyers was Yere nstore
and as much uncertainty still exists as to
%i; into Oil°
of the measures affecting the import of foreignyoeuse,l"
country to be proposed by Sir Robert Peel in the
Cominons to-morrow evening, the demand for
Wheat was unusually inactive, and prices remained OS
tor
as on this day se'nnight. Although we can make loiclear,
tion in our general currency of Wheat, it was quite ratel
that had sales been forced by the factors, rather inliTot th°
must have been submitted to. Of free foreign r, onibet._A
show, was small, but there was an increaseti,„
of parcels under lock in the market. In c7i-reari:
scarcely a transaction took place, and the woe
must be called about stationer:v. The stocks in Wl' f 805:
on the increase. There was a fair average
both English and foreign, on show. The best Inat,rlllg sod
ties commanded fully last Monday's prices, but gloat bed
distilling sorts were a mere drug, though rll_,_. el natio°, si
quoted cheaper. At the close of business a law'n
the two latter descriptions remained unsold. i, bor
Malt was not large, yet fully equal wants of t".date
to the wa i„ggish „mos
trade quantity q
The
with that article was in a very
at barely,: but at nothing quotable beneath, pre
Scarcely a single parcel of Oats having reached
tit ass t 01'
ni 00
land during the week the business transacted
hel
was necessarily small. In fact the trade was /O 0
lt
rates. Beans, the supply of which eras rather ad
moved (,ff heavily ;while Peas were a dull inqurYd; Alon:
some instances the turn lower. In Flour no reqo;inindr
!ion can be noticed, yet most parties are looking

lower prices.
CURRENCY PER IMPERIAL MEASUIa
• 6Blow
Wheat-Essex & Kent, alt-Chevalier •• • •
M d fIl
Red, New.. • • 50s to 6ts Oats- Yorkshire ra tat 334
Ditto,White, Old bss 67s
Norfolk and Lin-
coln, Red 52s 65s yLpoiontuaogothol 30130,
98
Ditto, White •• • • sss 68s Black •••• • ••
• 100
Irish, Red 51s 54s Cork, White ••• O. 411
Ditto, White 53s 57s Scotch, Feed. • • 01
stye-Old 36s 38s Beans-Tick .•• • • " 431
New. ••• • • ass 40s Pigeons •• • ••• •• •• 385
Barley-Grinding... 24s 27s Pease-GreY ••••• • • • ••
411 01
11
Malting . 3ls 55s Maple. ••• • " 1
46i
• 11/
Chevalier 37s 38s White .•••• • • '•
•
Malt-Suffolk and Nor- Boilers •••" •• • 55° 491
fblk ••• • • ••. • • . 583 62s Flour-Town-Mae ••• 440 114
Brown s7s 603 Suffolk • • **** 00
Kingston and Ware 63s 65s Stockta 8c• I°, to4o
FOREIGN GRAIN AND FLOUR IN BO"- • 39P 41/
Wheat-Dantzic • • 57s to 63s , Beans .••••• • • • '' • 4: Ai
Hamburgh ... •
Barre, ...... 22s 28s Flour-American •••• A
Oats-New
is
••
Feed
sivlrria WIZ LD. tak
The past week's importations of foreign 654-shse.4ol)
market consisted of two Oxen, 28 Cows, and --votte,- (IP
Schedam ; 13 Oxen, 2 Bulls and 9 Cows from r ir!)
1:33 Cows, 9 Oxen, and 420 Sheep from Harlingt,ne'relyl,
upwards of 200 Oxen and Cows, ttnd 400 SheeP 0040
from the above port and brought forward tor sale4l;
ben of foreign Beasts therefore, on offer, WaS col 9
Sheep, 600, in, generally speaking. very middling,io.
compared with the arrivals in some previous e'rsoseloy
former found buyers, at from 141 to 201; the latt",s,,,se4l
per head. At the outports, very few Beasts or Smites
we presume, to the comparatively high Ol' 11;0
here—have been imported since our 110
our own grazing districts the receipts ofUtf 13+
on a very limited scale, though of fair average cl 7 bed
large number of foreign Beasts on sale, howeverto be, 0
pressing influence upon the Beef trade, which 1%009
sidered heavy, at a decline in the quotations efortbi,
Monday last of 2d per Sibs; the highest fignre,,,fo,l
Scots not exceeding 4s 2d per Sibs, and a clearan' 01.01
difficulty effected. From Norfolk, Suffolk, Ese°e'brelt;
ridgeshire, we received about 500 Scots, 11013'borylri
short-horns ; from the northern districts, 500 6efo/Iskl;
from the western and midland counties 600 Her •otisb,eie
Devons, ; from other parts of England, 400 of verity-I+V
from Ireland 80 Beasts, and from Scotland 60 Sce•a4l
mainder of the Bullock supply being chiefly del'osOjeji
abroad and the neighbourhood of the metropolL4'ooseiti
bens of Sheep were very small. All breeds kill;
brisk demand, at an advance in the prices o 11)9
Blbs. There were about 300 shorn Sheep on selesibo /eV
Lambs in the market sold readily, at is Per OOP
primest qualities. In Calves a steady business Ireelg•
full prices; while Pigs were quite as dear as lest pi
Per Sibs. to sink the offal. S. 6 •
s. d. s. d. 4 1
Inferior Beasts 2 6 2 8 Second quality ditto , •
Second quality ditto. 210 3 4 Coarse-woolledditW ; /,
Prime large Oxen.. 3 6 3 8 Southdown Wethere ", 1
'
Prime Scots ......3 10 4 2 Ditto out of thewool II 1 1
Large coarse Calves i 4 5 0 Large Hogs •• " • 4 ; I
P:iine small ditto .- 5 2 5 4 Small Porkers • • :.is
Suckling Calves -18 0 30 0 Quarter old Pigs'
knferlor sheep . 310 4 4 Lambs •• • • .....
SUPPLY AT MARKET.
Beasts. I
Sheep. Calves.
I
3,092 18,520 l3
NEVirGATIC AND LEADZ3►TItAht°,OI
Since this day se'ennight, the arrivals of slang boil $
by railway and steam-boat conveyances bae.of, rOl
time of year considered, small, owing, princiP, 1,01:011
continued mildness of the weather. With Meat ;;led, iffol
metropolis, we have been rather scantily suPP".O,
quality has exhibited a very decidea improveni`offir4/‘
its scarcity, Yeal has sold steadily, at an advance ill/
to 4d per Blbs, while Pork has commanded a iirl3l 1001
extreme figures. Beef and Mutton must be
V 4
heavy, at biarely late rates. The supplies of F 0
and Sheep, killed here, are still on the increase.
In
A SO
At per stone, by the Carcase. j, -* • 7
s. d. to 1. d. 3 ,4fi
Beef, inferior. 2 6 2 It Mutton, interior • 3i•
middling .... 210 3 0 middling.• 4 4
prime lame •• 3 2 3 4 prints •• ••• 314
prime small .. 3 4 3 6 Pork, large •• •• " •
Veal.... .- •.. • 4 8 5 8 small •••• " • •

Lamb. es Od to Os ed.
....clc 0
'iii 4.
ARRIVALS DURING Tlit: PAST 011,„, .0
Beasts Sheep 1-•
...., 0/
35 350 .. 10
40 300 ~ 0 '
55 190 .... f 9
30 80 , Il•
40 60 ... )08.
25
20 190 00
,0 40 F
,
40 150 ~... IP,
- - 50 9
40 120 50 '
60 200
......., 1040,
,40
'total ...... • ....... 355 1,550 ;70 •/,
Previous week's arrival...-. 595 1,900 /1,
—. .....- 130 ..i
Difference since our last .... 240 350 0;;)to
BOYMITYGH AND SPITALrI-iglrbro-1 '4l
Full ave?stge supplies of Potatoes have arilipe s dr
metropolis during the past week, in, comparativ`.4,rha 0
good condit,i.on. The best qualities are supPortlan J
rates, but other kinds are a mere drug, and 1-'660% P
chased on Flo mewhat easier terms. York Reds,. 0'
Do. Regent's, 90s to 1105; Scotch Reds, 60a - Ai
Guernsey and Jersey Blues, 70s to 803 per ton..
'BOROUGH HOP MARICOirMV
We have no new feature to notice in this Oaf
best Kent bags continue to move off steadily a" i
In other kinds of Hops very little is doing.
b ,r :4
WOOL.
Although the period for holding the next PhekOrs
Wool is not yet fixed, and the imports during trfor!,o
have been tin a very limited scale, the demanuaiterr
rules heavy, yet we can notice no material
'"
001
prices. ber"
TALLOW. ,i, t A,
This mar'Ket keeps pretty steady, and although nej
have been during the past week one or two Pa' orif ' rs•
from 3d to eld per cwt (for cash down) beloyi tli.oV
ton, yet lv,e believe line Y.C. suitable for of
purposes of ithe trade cannot be had under 435.
feo ir low 43s net i:s,sh. le
_......„ v... J. 0,,,
ATTE3IPTI ID BURGLARY AT A LICENOPa Doe.
l
LERs.-On :S'itturday night the family of Mr'clroon it
bly
the landlord of the Windmill Tavern, Upper ' ;OS kJ
Blacktriars-road, was thrown into a state of cot osSior.a
citement in cc.nsequence of a man being found -006
bedrooms miter very singular circumstances.
toper,"
o'clock the ter nale servant went to one of the u'ouitiof
when she was suddenly alarmed at seeing ►A, 81, be 40:001
the act of forcing the lock of a large chest vvilic'" or; os 0
a benefit society held at the above house. Tile Aollos'
down stairs arid raised an alarm, when Mr. Joy- 0, to Alf
persons rushed to the room and secured the °jibe 7,,,,if
such an unsaftisfactory account of himself, that sate V
veyed to the station-house. The room liras 1 bol,be-Jr
searched, but although the contents of sever,4„e. ,OF"
lying about the floor, he had not taken anytill7int ' d
which he appeared to be forciig when the ser'
contained a Large sum of money. 1
Asp be • '
[ADVERTISEMENT ]—.DOCTOR BINNS - of ..,1
WAY'S OINTMENT.-Doctor DS ENT. -Doctor Binns, who is 00anrories2
opal physicia.n s in the island of Jamaica, bag etroirii grol
self in the folio wing manner respecting the surf * oinieo
properties of Holloway's Ointment :-.' 1 made 'bisp,ioiisf
of this Ointment in cases of Chronic Ulcers' °. COPis,. A,
years experierkce in the West Indies taught toileiseff,Po
•
incurable. lam now happy to say that in a I.P•or
Sco. ' really anHollowd truly
a)'s efficOintment will cure bad Bzr
lee as, hoer.",
f OS"
standing ; like wise the most obstinate cases °a st •
or Scrofula. Sold by all medicine vendors. 1°
Holloway's Establishment, 244, Strand, Londoo'

icotland • .
Yorkshire - •••• • ..
Lincolnshire -• • • • • • • •
S:orfolk • • •—• • • •• •• •
Cambridgeshire •• •• •

S'urrey •• - • ••• • •
Devonshire .• •••• • • •
Wiltshire • •••• • • •
Other parts •••• • • •

:4111.°
gg.D,IED.
On the sth inst., at Monkrigg, dis goo'
near Haddington, 0.4 fa, ,
0;
Keith, Captain, 7Royal Nlvy, aged 46 horaei
On the 20th tilt., on board the Reward, on the -- nip. OP
from
On the 15th. inst., at Ed•
Jamaica, James Barclay, Esq., Captain of tilet.,,%.9ple' Oft
inburi2h, Alexander• 00 ,Jlr
Sunny-side Lod4s, near Lanark, aged 64. CAP .4
On the 2Pth Imst., at Coln Lodge, Twickenharn, ir...-
Co^ il ,ker 1, formerly of the 67th, aged 71. ~, relict a _,,,vasir
On the 2lst inst., at Basingstoke, Hallts, "n^"' 11'
Of
•
D.D., aged 89. naleSll' 000
On the 21st inst., Martha, the wife of Mr. T. ,-, et fr•
ett,
plat*, Well-street, Hackney. LeY SeOtt,
eal
Ow so
On the 21st inst., at Veatnor, Miss Anne JP or
1101.-
terrace, Stoke Newington. it Mr. 'l' 04" 0
On the 22d inst., in Ilavil-street, Camberwell' r,..er00, no:1-
On the 22d inst.. at Brighton, Ewen HenrY Ce'''. ,rti-
rail'
Middle Temple, barrister-at-law. „. ..,„ingtoll,
On the 22d inst., at Newington-place,-.8"---
Maitland, Esq. a 34
age _
Orftlie 23d inst., John Tyndall Withers, EN'• --

0, .
•OVl4"'dospe
London : Printed and Published by MCIlt1)0 d, to -
strand, Printer, at TM Sun Witco, 1; • 1..!2' rriTl2oo4°ll
of the Savoy, la the county of ILdaie6o.l -
2; 1846.

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