The Sun.
London, England, 1846-04-21 00:00:00

DY THE COXBIANDER-IN-CHIEF IN INDIA.

Head Quarters, Camp Kussoor, Fob. 14, 1846.
(135.) The Commander-in-Chief directs the publica-
tion to the army of the following general orders, which
his ExcOlency has caused to be issued to the army of
the Sutlej:—

(Dated 10th of February, 1846.)
His Excellency the Commander-in-Cilia has the gra-
tification, for the fourth time, of congratulating the gal-
lant army of the Sutlej on the attainment of victory.
Glorious as the three preceding victories have been, they
fall short of the signal triumph obtained this day in the
capture by storm of the enemy's stronzly entrenched
position of Sobraon. The Commander-in-Chief feels
that he cannot do justice to the noble daring of the
troops on this occasion.

The enemy's position, defended by masses of the elite
of his infantry, and a numerous and well-served artillery,
which our guns had not succeeded in silencing, though
admirably directed, was carried at every point. Nothing
could withstand the ardour of our troops, or the devoted
heroism with which they threw themselves on the
enemy's works. _

To the officers commanding divisions, brigades, and
regiments of each and every branchofthle service,
officerservice,aretnild-
lery, cavalry, and infantry; to the gallant
men under their command ; to the officers of the general
staff of every dep.trtment, and those of the personal
staff, the Commander-in-Chief offers the tribute of his
highest admiration of their conduct, and his most cor-
dill thanks for the able assistance they have ever afforded
him in the discharge of their various important duties.
(Signed) PAT. GRANT,
INor, Deputy Adjutant-General.
llead-quarters, Camp, Kussoor, Feb. 16, 1846.
(138).—Tha General Order issued on the 6th instant
to the army of the Sutlej, making the following altera-
tions in the distribution of corps to brigades, is, with the
sanction of the Right floe, the Governor-General of
India, confirmed
Breaking up the 12th Infantry Brigade.
Directing the 11th brigade to be composed of the 6 h,
I lth, and 55th regiments of Native Infantry ; appoint-
ing Bridadier J. Eckford to the command, and Captain
W. Lydiard, of the 11th regiment of Native Infantry, to
be Brigade Major.
Cancelling the appointment of Captain R. Thatcher,
of the 9th regiment of Native Infantry, to be Brigade
Major.
Transferring her Majesty's 621 Foot from the Bth to
the 10th brigade. and her Majesty's 53d Regiment, from
the letter to the former.
- -

Directing the 24th, 30th, 48th, and 2a Regiments of
, Native Infantry, to be struck off the strength of the Ist,
- 10th, 2d, and 4th brigades respectively.
Directing the first brigade to be composed of her Ma-
jesty's 31st Foot, and 47th Re,viment of Native Infantry,
and appointing Brigadier T. Monteath, C. 8., to corn-
mand, and Captain J. Garcock, to be Brigade Major.
Directing the 10th brigade to be composed of her
Majesty's 62d Foot and 68th Regiment of Native In-
fantry, and appointing Brigadier J. Orchard, C. 8., to
command. and Captain A. G. Ward, of the 68th Regi-
ment of Native Infantry, to be Brigade Major.
Directing the 6th Regiment of Native Infantry to pro-
ceed to Attaree, and to join the 11th brigade, to which
it is attached, and the 12th. Regiment of Native Infantry
to rejoin the 8.11 brigade at Ferozepore.
Directing the 2d brigade to be comprised of her Ma-
jesty's 70th Foot, the 42d Light Infantry, and the Nus-
seree battalion, and appointing Brigadier N. Penny to
command, and Lieut. R. Hay to be Brigade Major.
Directing the 4th brigade to be composed of the Ist
European Light Infantry, the 16th Native Grenadiers,
and the Sirmour battalion, and appointing Briiadier J.
M'Laren, C. 8., to command, and Captain H. 1. Combe
to be Brigade-Major.
Attaching the Ist troop 2d brigade of Horse Artillery
to the Ist brigade of cavalry, the 3d troop 2d brigade to

the 3d brigade of cavalry, and the 3d troop 2d brigade to
the 3d brigade of cavalry, until further orders.
By order of his Excellency the Commander-in-Chief,
J. LUMLEY, Major-General, Adjutant-General of

the Army.

TO HER MAJESTY'S TROOPS IN INDIA.
Head Quarters, Camp, Nihalkee Feb. 9, 1846.
No. 9.-1. The Commander-in-Chief in India is
pleased to make the following promotions, until her Ma-
jesty's pleasure shall be known :-
16th Light Dragoons.—Cornet Arnold More Knight
to be Lieutenant, without purchase, vice Swetenham,
killed in action. 25th Jan., 1846.
17th Foot.—Lieutenant H. W. Pole Welman, to be
Captain, without purchase, vice Nagel, deceased. 9th
Jan. 1846.
Ensign Richard Charles 3,l`Crea to be Lieutenant, vice
Welman, 9th Jan., 1846.
2. The Commander-in-Chief in India is pleased to
appoint Cornet Lord James de Burgh Browne, of :he
9th Lancers, to act as Aide-de-Camp on his Excellency's
personal staff, to have effect from the Bth ult.
3. With the sanction of the Right Hon. the Governor-
General, the following officers are appointed to the com-
mand of the depots of that respective regiments, at the
stations specified, from the dates of the corps marching
on field service:-
3d Light Dragoons—Brevet Capt. Hadfield, Umballa.
16th Lancers—Lieutenant Smith. Meerut.
9th Foot—Lieutenant Burden, Umballs.
10th Foot—Captain Sparks, Meerut.
29th Foot—Brevet Major Boyd, Kussowlie.
31st Foot—Lieutenant Browne, Umballa.
50th Foot—Captain Wilton, Loodiana.
53d Foot—Lieutenant Wedderburne, Agra.
62d Foot—Captain Sibley, Ferozspoor.
34th Foot—Lieutenant Cumming, Umballa.
4. With the sanction of the Right Hon. the Governor-
General, Lieutenant Dilkes, recently promoted from the
21st Fusiliers into the 31st Foot, is permitted to do duty
with the former regiment, from the 31st December,
1845, until his arrival at Agra.
5. Captain Hemphill, 29th Foot, late in command of
a detachment of invalids, having been permitted by the
Hon. the President in Council to return from Calcutta,
at the public expense, for the purpose of rejoining his
regiment in the field, the leave of absence granted to that
officer in the General Order, of the 23d August, 1845,
No. 60, to proceed to England is cancelled.
6. The following Order is confirmed, with the sanction
of the Right Hon. the Governor-General :
By the Officer Commanding the 29th R-giment. dated
the 10th December, 1845, directing Lieutenant Francis
and Ensign White to do duty with the Depot of the Re-
giment, and Assistant-Surgeon Trondsell, M.D., to re-
main in medical charge.
7. The following Orders are confirmed :
By M. General Cartwright, commanding the Presi-
dency Division, dated the 2d January, 1846 :-
Ist. Prolonging the leave of absence granted to Lieut.
Dalrymple, 32d Foot, to Calcutta, until the date of his
embarkation, to proceed to sea.
2d. Granting leave of absence to Assistant-Surgeon
Lloyd, 62d Regiment, to England for two years, from
the date of embarkation, at the recommendation of a
board of medical officers.
By the officer commanding the 16th Lancers, dated
the 20th January, 1845, appointing Lieutenant Yule to
act as interpreter to the regiment, vice Swetenham,
klled in action.
By the officer commanding the 50th Regiment, dated
the 30th January, 1846, appointing Lieutenant Mount,
a member of the Committee of Paymastership, vice
Captain Knowles, wounded in action, and directing him
to perform the duties of paymaster upon the responsi-
bility of the Committee.
2. Leave of absence-
58th Foot—Lieutenant Ogilvy, to England, for one
year from the date of embarkation.
29th Foot—Lieutenant Merge, from the 31st of Dec.,
1845, to 22d of January, 1846, to enable him to rejoin
his regiment.
31st Foot—Lieutenant Cassidy, dangerously wounded
in action, to Mussoorie, from the 10th of February to
the 16th of August, 1846, on medical certificate.
80th Foot—Assistant-Surgeon Murphy, for one month
from the date of his quitting the head-quarters of the
61st Foot, with which he was recently doing duty, for
the purpose of joining his regiment.
Head-quarters, camp Lahore, Feb. 21, 1846.
2. The Commander-in-Chief in India is pleased to
make the following promotions and appointments, until
her Majesty's appointment shall be known :-
21st Foot—Second Lieutenant Edward Clemison to be
First Lieutenant, vice Bolton. appointed Adjutant to.fhe
31st Foot. 22d December, 1845.
31st Foot—Ensign James Paul to ba Lieutenant,
without purchase, vice Hart, killed in action. 19th De-
cember, 1845.
First Lieutenant Augustus Samuel Bolton, from the
21st Fusiliers, to be Adjutant, vice Bernard, killed in
action. 22d December, 1845.
39th Foot—Lieutenant James S. Atkinson to be
Captain, without purchase, vice Wood, deceased. 27th
.January, 1816.
Ensign George Frederick Campbell Bray to be Lieu-
tenant, vice Atkinson. 27th January, 1846.
50th Foot—Ensign Charles Hildebrand Slessor to be
Lieutenant, without purchase, vice J. J. Grimes, killed in
action, 29th January, 1846.
Ensign Charles Alfred Poyntz James to be Lieu-
tenant, without purchase, vice J. C. Bishop, died of
wounds received in action, 7th February, 1846.
3. Captain E. Lingard, of the 31st Foot, is appointed
to act as Assistant Adjutant-General of her Majesty's
Force., until further order ; to have effect from the
10th instant.
4. With reference to the General Order of the 9th
inst., No. 9, paragraph 3, Brevet Captain Handfield, 31
Light Dragoons, is appointed to the command of the
depot of the 9th Lancers at Umballah ; and Lieutenant
Russell, 50th Foot, to that of the depot of his corps, at
the same station, from the date of the departure of
Captain Wilton, to join the head quarters of his regi-
ment.
5. Captain Tytler, 53d Foot, is appointed to act as
Interpreter to the Regiment, there being no qualified
subaltern in the corps.
6. The following orders are confirmed:—
By his Excellency Lieutenant-General Sir T. M`Ma-
hon, Bart, K.C.B.
Granting leave of absence to Major Ainslie, 14th
Light Dragoons, to England for one year from the date
of embarkation, at the recommendation of a board of
medical officers.
Appointing Lieutenant Deshon, 22d Regiment, to act
as Major of Brigade her Majesty Force, Bombay, from
the 3d February, 1845, vice Lieutenant Welmam, 17th
Foot, who has been permitted to rejoin his corps pro-
ceeding on service.
(21).—8y Major-General Cartwright, Commanding
the Presidency Division :
Dated the 31st of January, 1846.—Appointing the
following Staff to the detachment of recruits and volun-
teers proceeding to the Upper Prot4nces under the com-
mand of Major Smith, 9th Foot, with effect from the
24th of January :
Lieut. Stewart, 21st Fusiliers, to act as Adjutant.
Captain Ffrench, Interpreter.
Private Poole, 53d Foot, Sergean-Major.
Private Divine, 29th Foot, Quartermaster-Sergeant.
Private Jordan, 21st Foot, Provost-Sergeant.
Sergeant Burton, Hospital-Sergeant.
and Sergeants and Corporals, in proportion to the
strength.
Dated Feb. 2,1246.—15 t. Granting leave of absence
to Captain Gavin, 16th Lancers, and Captain Nicholas.
62d Foot, to England, for two years from the date of
embarkation, at the recommendation of a Bord of Me-
dical Officers.
2.1. At the recommendation of the Medical Board,
and with the sanction of the Ilonourable the Deputy
Governor of Fort William, directing Assistant-Surgeon
Turnbull, 91th Foot, to afford medical aid to the de-
tachment of the 39th Regiment during its stay in Fort
William.
By Major General Cooper, commanding the Dina-
pore Division, dated the 31st of January, appointing
the following officers to the Detachment of Volunteers,
from the head quarters of the 31st Regiment.
By Major Nixon. 89th Foot, to c anmand.
Lieutenant Reader and Ensign Bray, 39th Foot, to
do duty.
By Lieutenant-Colonel Deere, commanding the 21st
Fusiliers, dated the 3d of February, 1846, appointing
Lieutenant Holland to act as Adjutant, vice Lieutenant
Stuart, resigned the Acting Adjutancy.
By Lieutenant-Colonel Phillips, commanding the 536
Regiment, dated the 11 th February, 1846, appointing
Lieutenant Bastard to act as Adjutant, vice Ensign and
Adjutant Dunning, wounded in action.
(Signed)
WILLIAM CASEMENT, Lieut.-Colonel, Secretary
to Government, Military Department.

BY HIS EXCELLENCY THE GOVERNOR OF CEYLON.
Head-Quarters, Colombo, Feb. 16, 1846.
The Head, Quarter Division of the 90th Light Infantry
will embark at daylight to-morrow, on board the trans-
port-ship Mariner, for England.
After a service of ten years in Cry lon, the Lieutenant-
General commanding the forces, deems it due to this ex-
cellent corps to record in the general orders of this
command the sense he entertains of the discipline and
good conduct which, with tew exceptions, have charac-
terised the 90th during the five years it has served under
the orders of his Excellency.
His Excellency offers to Captain Eld his best thanks
for his zealous exertions since he assumed the command,
and to the officers, non-commissioned officers, and
soldiers, of the 90th Light Infantry his sincere wishes
for their future welfare and success.
(Signed) E. CHARLTON, Dquty Adj.-General.
At a General Court-Martial held at Colombo on the
4th of February, 1846, of which Colonel R. Fraser,
Deputy Quartermaster General, is president, and Lieut.
E. Maberly, Royal Artillery, Official Judge Advocate,
Captain Daniel Cape!, of the 15th Regiment, was
arraigned upon the under-uaentioned charge:_
"For highly unufficerlike conduct in having been drunk
on duty as captain of the day on board the transport
ship Marinrr with the 2d division of the 15th Regiment
of Foot chile at anchor at Table Bay, Cape of Good
for, on the night of the 24th of November, 1845.
(Signed) R. A. CUTHBERT, Mijor, 15th Regt.
C
E. C [TARLTON,
08l oymbo Jan. 29, 8 ,
order(s ilgn4e6.
d)
Lieutenant-Colonel, Deputy Adjutant-General.
Deputy Adjutent-Generai's Office, Colombo,
Jan. 31, 1846.

In confirming the proceedings of the general court
martial, the Lieutent•General commanding the forces
feels it to be incumbent upon him to notice some unusual
circumstances which have transpired in the course
of the examination of the first and indeed the prin-
cipal witness in support of the prosecution. This
witness, who was the senior officer on board the
Mariner transport at the time, deposes that Captain
Capel was very much intoxicated on the night of the 26th
of November, 1845. Such being his opinion, his line
of duty was clear ; he should have placed that officer im.

mediately in arrest, and relieved him from the duty of
captain of the day, but instead of adopting this regular
and usual proceeding, he admitted that he made no re-
port against Captain Capel to Major Cuthbert until the
28th, permitting Captain Capel in the it-Aerial to go on
shore, under the impression that there was nothing
against him. It is true that the witness in question offers
reasons for having allowed such an interval to elapse, and
for the course he was induced to adopt. Although the
Lieutenant-General is willing to give every considera-
tion to the motives assigned for his forbearance, his
Excellency deems them insufficient to justify a departure
from the rules and practice of her M tjesty's service.
The Lieutenant-General cannot close these observations
better than by endeavouring to impress upon the minds
of officers the importance of the strictest circumspection
being observed when employed upon any duty, and
should be most careful not to place themselves in a posi •
tion where any doubt could be entertain, d for one mo-
ment of their being capable of performing any duty that
might be required.
(Signed) E. CHARLTON, Deputy-Adjutant-General
Colombo, 12th Feb., 1845.
Finding —The Court, having duly and deliberately
weighed and considered the evidence in support of the
prosecution, together with what the prisoner, Captain
Daniel Capel, of the 15th Regiment of Foot, has offered
in his defence, is of opinion that the prisoner, Captain
Daniel Capel, of the 15th Regiment of Foot, is not
guilty of the charge preferred against him, and does,
therefore, acquit him thereof.
(Sig Led) J. FRASER, Colonel and President.
E. MABERLY, Offieiating Judge Advocate.
Confirmed on the 12th Feb., 1846.
(Signed) C. CAMPBELL, Lieutenant-General.
Captain Daniel Capel, of the 15th Regiment of Foot,
is released from arrest, and ordered to return to his duty.
By order,
(Signed) E. CHARLTON, Lieutenant-Colonel,
Deputy-Adjutant-General.

CASUALTIES BY DEATH IN THE ARMY OF INDIA RE-
PORTED SINCE THE DEPARTURE OF THE MAIL OF
MARCH 3.
HER MAJESTY'S TROOPS,—Captain H. Pindar, 25th
Regiment, at Cannamore, ?n the 19th Of February.
BOMBAY.—jOIoDeI J. Gibbon, 26th Regiment, at As-
seerghur, on the 2d of March.
MADRAS.—Surgeon D.
.Richardson, Principal As-
sistant to the Commissioner in Tavoy, at Moulinain, on
the 31at of January. Brevet Captain T. Osborne, 40th
Regiment, at Sectinderabad on the 18th of February,
Colonel C. Mand-ville, Ist Veterans, at the Presidency,
on the 26th of February, Captain E. Hall, 3d Cavalry,
at Dhonee, on the 26th of February.
BENGAL.—Lip went-Colonel E. Sutherland, Military
Secretary to the Resident at Hyderabad, at that place,
on the 27th of February. Lieutenant H. J. Gregg, 42d
Regiment, at Fer.zepore, on the 21 of March. Ai ajor-
General Sir J. R- Lumley, Adjutant-general of the
Army, at FerJzepore, on the Ist of March.

IMPERIAL P KM A 141ENT.
HOUSE OF COMMONS, April 20.
The SPEAKER took the Chair at Four o'clock, when
there not being Forty Members present, the House, was
a ijourned.

LAW DIVELLIGENCE
VICE-CHANCELLOR'S COURT, April 20.
(Before Vice-Chancellor Sir KNIGHT BRUCE.)
lIODGILISS V. HIPKISS.
_ _

This part -heard case, hich came on for further bearing
to day, was in prosecution of the vt ill of John Hipkis3, who
died in 1835. Immediately after the testator's death; and
previous to the production of the will, a conditional agreement
was entered into between the plaintiff and the defendant as
to the division of the property; but against the validity of
this agreement, it was alleged in the pleadings that intoxi-
cation had been employed in obtaining the signature. When
the arguments were concluded,
his 1-I,:nour gave judgment,
observirg that such an agreement ought rot to have been
entered into without good and sufficient advice, as, in the
case of intestacy the plaintiff had the power of
conferring a title, and in case of there being a
will, he might have been left without control over a
single shilling. His Honour, in the case before him, could
not apply those particular principles which apply to agree-
ments in the case of families. Without referring, therefore, to
the allegation of intoxication, he dismissed the bill without
costa, and without prejudice to an action being brought at bar.

ROLL'S Colin'', April 20.
ARMSTRONG V. STORER.
Lord LANGDALE, in delivering judgment on the petitions
in this case, which was tiied last March, said, it appeared
by an order, dated the 12th of January, 1841, made with
respect to the petition of James Grant, now deceased, the
ieceiver of the rents of the estate, as well as the plantations
in Jamaica. There had been a reference, to ascertain it
Grant had any lien on the 8,654/., the balance which was due
to the receiver, Mr. Williams, who had committed an excess
in the payment of his account. It was found by the Master
that Williams had a lien under a deed bearing date
wAiutghtescit,ranitB,4sT,hewodhoicrl had b
ei
Williams,ee entered
n andua into
ragietti by
deceased,imh
and under whom the present Baraglette, the representative
of his father claimed That lien had been aesigried to Barag-
lette for a sum of 1,7001., which was paid to the representatives
of Joseph Storer Williams. The Master found that,
under the agreement between Grant and Theodore Wil-
liams, Baraglette had the lien for 3,6541. 25., the
principal, and for 1,8591.125. 2d.• interest. The report was
not excepted to, and was confirmed. Mrs. Ann Catherine
Storer, the widow, had obtained leave to present a petition
against the report, which she accordingly did. The report
also prayed fur a reference to review the same, upon two
grounds, namely, that the Master was not autho-
rised to do more than simply to report on the
alleged claim of Grant, and ate) that his decision
on the claim of Baraglette was made without authority, and
that Baraglette having filed bills on behalf of the testator,
Anthony Gilbert Storer, could not be allowed to enter into
any compromise with Williams's executor for his own
benefit, but for the common benefit of all the creditors. As
there had been no exceptions taken to the report, no
questions whatever raised upon it, and no excuse offered.
for the matter not having been brought before
the Court in a proper manner, and that it was not even pre-
tended that there was any error in fact or law committed by
the Master, these objections could have no weight whatever.
The petition set forth that the profit coming to Baraglette
was gratuitous, which assertion was unfounded. Baraglette
filed the second bill,which was a bill of review. If it bad been
shown in a proper mariner that Baraglette was bound to
protect the interests of the creditors, and that he failed in
his duty, there might then have been grounds for the appli-
cation. But the petition did not allege that Grant was not
entitled to what he had obtained. The petition must, there-
fore, be dismissed with costs.
The case was directed to be spoken to on Saturday.
NELSON V. DIINCOMBE.
His LORDSHIP gave judgment in this cause, and went
in extenso through the details. It appeared that
the plaintiff Nelson was the residuary legatee of Mrs.
E. Nelson, for whom Duncombe acted as personal
representative. Mrs. Nelson had appointed Mr. Nelson
as her sole agent, but subsequently, in a codicil
to her will, she joined Duncombe with him in the executor-
ship. Duncombe administered to the estate, and was pre-
pared to settle with Nelson, claiming, however, the ex-
penses at which he had been for sustaining the plea
of unsound mind, and in obtaining the commission
of lunacy. Mr. Nelson objected to this, and filed a bill.
after which Mr. Duncombe filed a cross bill. The alleged
lunacy was not sustained. his Lordship here went into all
the circumstances of the case, which have appeared before
the public, and decided upon granting the reference to the
Master to ascertain the state of mind of the plaintiff, and to
make a report with respect to the expenses incurred.

COURT OF QUEEN'S BENCH, April 20.
(Sittings in Banco.)
ICYNE V. EVERSHAW.
Mr. MONTAGUE CHAMISIRS applied for a rule to set aside
the non•suit in this case. It was tried before Mr. Baron
;-.lderson at the last assizes of Lewes, and the facts were
shortly these :—lt appeared that plaintiff was a builder, and
defendant a solicitor; that plaintiff built houses at Brighton,
which he had let to tenants, but was pulling down a wall of
one of the Louses when defendant interfered and told plaintiff
to desist, which he refused. Defendant then brought a
police-officer, and plaintiff still persevering, both parties
went to the town-hall before the magistrates, and eventually
went to trial. That the only evidence given was to the
effect that the witness heard that the house in question had
been mortgaged, and that defendant was solicitor to the
mortgagee.—Rule granted.