The Sun.
London, England, 1846-07-06 00:00:00

FRENCH PLAYS

Mr. MITCHELL respectfully announces to the Nobility, Gentry,
and the Public, that HIS BENEFIT is fixed to take place on
WEDNESDAY EVENING, July 6, on which occasion an attractive
entertainment will be presented, combining the eminent services of
Madlle. DE JAZET and M. LAFONT, who have obligingly delayed
their departure from London, expressly to appear on this occasion,
being positively the last night of their performing together.
The entertainments will consist of, by desire and for the last time,
the admired new comedy of UN CONTE DE FEES, in which
liadile. Dejazet and M. Lafont will sustain the characters originally
performed by then in Paris.
During the evening the admired danseuse of her Majesty's Theatre,
Madlle. LUCILE GRABS, will, by permission, appear, for the first
only time at this theatre, in a favourite Pas Sett! ; in addition to
Inch the celebrated ETHIOPIAN SERENADERS will give a
~- art selection from their admired repertoire. ,
The entertainments will conclude with the second act of the
comedie-vaudeville, entitled GENTIL BERNARD. Gcntil
Bernard, Madlle. Dejazet ; Latulipe, Moos. Lafont ; who will, by
lesire, intrt,duce the Chansonette of „La Reynard et le Corbeau.".
Subscribers who may be desirous of retaining their Boxes or Stalls
for the above occasion, are respectfully solicited to Intimate their
wishes as early as possible to Mr. Mitchell, Royal Library, Old
liond-street.

THAATItE ROYAL, HAYMARKET.
THIS EVENING

Wi:t be performed Auber's celebrated Opera, entitled THE
BLACK DOMINO; or, A Night's Adventure. Juanita, Madame
Anna Thillon ; Paquita, Miss P. Horton ; Gil Podrida, Mr. J. Bland.
After which, a New and Original Drama, called BOROUGH PO-
LITiCS. Principal characters by Messrs. Webster, Tilbury, Buck-
stone; Mrs. Glover, and Mrs. E. Yarnold.
To conclude with the Comic Drama, entitled THE IRISH POST.
In which Messrs. Bland, Tilbury, Hudson, and Mrs. Caulfield, &cc.,
will appear.

THEATRE ROYAL. LYCEUM.
UNDER THE MAIVAGEDIENT OF MRS. KEELEY.
THIS EVENING
The performances will commence with the Drama of NELL
OWTNNE. Betterton, Mr. Diddcar ; Joe Haynes, Mr. Meadows ;
Counsellor Crowsfoot, Mr. F. Matthews ; Nell Gwynne, Mrs. Keeley
Orange Moll, Mr. Keeley.
To he followed by the Original Polka from "The Forty Thieves,"
by Miss Fairbrother and Miss Laidlaw.
A tier which (for the seventh time), a New and Original Farce, en-
titled LOAN OF A WIFE. Principal characters by Messrs. Frahk
Matthews, A. Wigan, Meadows, Kinloch, and Yarnold ; Mrs. Wool-
Witte, and Miss Howard.
To conclude with the burlesque of ROBIN HOOD AND LITTLE
JOHN Characters by Messrs. F. Matthews, A. Wigan, Kinlock, and
Keeley ; Miss Fairbrother, Miss Mary Keeley, and Mrs. Keeley.

THEATRE ROYAL, ADELPHI.
UNDER THE DIRECTION OF MADAME CELESTE.
THIS EVENING

Will be performed an Original Melodrama, called THE DEVIL
OF MARSEILLES ; or, 'I be Spirit of Avarice. In which Messrs.
Paul li.edford, 0. Smith, Wright, Lambert, Munyard, Mitchinson ;
Madame Celeste, and Miss Woolgar will perform.
After which will he produced a New Comic Drama, caled THE
mAI D WITH THE MILKING PAIL. Dimon, Mr. Wright ;
Milly, Mrs. Fitzwilliam.
T. be followed by the highly popular Burletta of TAMING A
TARTAR. Madame Celeste, Miss Woolgar, Messrs. Paul cedford,
Wright, Selby, Etc., will sustain the principal characters.

PRINCESS'S Ty EA TRE. OXFORD-STREET.
THIS EVENING,

:VIII be performed Shakspeare's Comedy (with Music) of TAE
MERRY WIVES OF WINDSOR. air John Falstaff, Mr. Granby ;
Mr. Ford, Mr. Wallack ; Mr. Page, Mr. Ryder ; Sir Hogh Evans,
Mr. Charles Mathews ; Master Slender, Mr. Compton ; Fenton, Mr.
Barker ; Mrs. Ford, Mrs. Stirling ; Mrs. Page, Madame Vestris.
To conclude with Sheridan's Drama of THE CRITIC ; or, A
Tragedy Rehearsed. Principal characters by Messrs. C. Mathews,
Ryder, .Hunner, Compton, Ozberry, Miss Emma Stanley, and Mrs.
Bonner.

A,STLEY'A ROYAL AMPHITHEATRE.
Proprietor, Mr. W. Batty.
Patronised by her Most Gracious Majesty the Queen, Priner
Albert, the Prince of Wales, and the Princess Royal. The moat
approved and best ventilated Theati e in London. Sixth Week of
the splendid spectacle of our Asiatic Conquests.
THIS EVENING
Will be performed the New Military Spectacle, called THE
SIM'S' INVASION ; or, Our Victories of 11546. In which th,
whole resources of the Establishment will be brought forward.
31 agn fi cent brass Band, &c.
The SCENES of the CIRCLE will prove more than usually at-
tractive, introducing the French and Atittsh Trofessors.
The whole concluding with a favourite AFTERVIECE.
Box -office open from eleven till five o'clock.—Doors open at stz
and commence at seven o'clock.

NEW STRAND THEATRE
Open every Evening, with the greatest Novelties of the Day.
.M. PHILLIPPE feels happy to announce, that the extraordinary
rpr,--irmances of the MONKEYS and DOGS have been receiver
with the greatest admiration and applause, and will be continue('
every ..vening at the above Theatre.
Doors open at a Quarter before Eight; to commence at a Quarter
it ter Eight o'clock. Stalls, 38.; Boxes, 28.; Pit, Is.; Gallery, 6d. ;
1 ivateßaxes, 11. Is. and 10e. 6d.
M. PRILLZPPE will give his Performances EVERY EVENIY(
the STANDARD THEATRE, Shoreditch.
NOTICE.-41, PIIILLIPPE wants a Gentleman who could take
as a PARTNER, tkroughout
ne management a his business,
large Towns of the United Kingdom. A security of 6001. will be
veriuire.,l. For Particulars upply at the Strand Theatre, between
the hour.? of Eleven and One o'clock.

DAV IDO E'S ROYAL SURREY TREATISE.

..._ —.
Success beyond all former precedent of the Operatic Company, and
First Week of 3fr. Osbaldiston, Mr. E. Saville, Miss Vincent, anti
a doubts Dramatic Company.
THIS EVENING

Will. be performed the Opera of LA SONN. IMBULA. Elvino,
Mr. D. W. Ring ; Count Rodolphe, Mr. lt eiss ; Alessio, Dlr. Horn-
castle ; Amina. Madame Clara Ansell ; Lisa, Miss Betts ; Agnes,
Miss Lydia Pearce.
After which, TILE BLACK DOMINO. Don Sylvio. Mr. Osbal-
diston ► Juliano, Mr. Johnson ; Le Comte Sal Voisey, Mr. Neville ;
oil Perez, Mr. Forman ; the Black Domino, Miss Vincent.
To conclude with THE BROKEN SWORD.

Under the Patronage of her Most Gracious Majesty.
ROYAL SUKILEY ZOOLOGICAL GARDENS.
EVERY MONDAY, TUESDAY, WEDNESDAY, AND
THURSDAY.
VIEW of NAPLES, ERUPTION of VESUVIUS, DESTIIITC
voxof lIEECULANEUM and POMPEII, in the year 79. Thi
magnillem t spectacle is relived in an unprecedented scale n
grandeur, the picture being more than twice the size of the former
and represents, as accurately as can possibly be done, the Great
Eruption of Vesuvius In the year 79, when the Destruction of Her-
culaneum and Pompeii took place; produced under the -direction
of Mr. Denson.
A richly ornamented GOTHIC BRIDGE of STATUES has been
cOnstracted, which wlll be brilliantly Illuminated at Night.
The PROMENADE CoNalas are again confided to Mr. God-
frey. 'The Band is most mnplete in all its departments,and Includes
many eminent native and fbieign musicians.
In addition to the other attractions of the Gardens, will be exhi-
bited CALYPSO'S FAIRY GROTTO, approached by the Illumi-
nated Gothic Bridge, representing In the Interior Telemachus
relating his adventures to Calypso.
The PYlete
effective scale.
play, a novel exhibition will be Intro-
Preceding the Volcanic Dis
daft-fl, representing the Descent of Nimbus In the Chariot of the Sun.
mans, larinelll will descend from a Chinese Pagoda, seventy feet in
height, to the surface of the lake, where a Naiad's Car will rise to
reft,jra 12m, and bear him to his chrystal home.
The GLiss Conservatory is splendialy ornamented with festoon'
of lamps, 'enabling the visitors to view the matchless collection of
Carnivore ay gas-light.
yeaajag et the Carnivore at half-past five; the Pelicans, &c., at
Six ; ColVrt balf-past six; and the Eruption at dusk.
sidllaisSlOn, One Shilling.

THE NEW NOVELS.

Now ready at all the Libraries,
RS. MABERLY'S LEONTINE,
AN HISTORICAL NOVEL. 3 vols.
11.

MARSTON. By the Author of: Salathiel." 2 vols.

4 DTENTURES of CAPTAIN O'SULLIVAN. By W. A. MAX.
WELL. liiaq., Author of " Stories of Waterloo," &e. 3 vols.

IT.
EXILLA WYNDPIA.M. By the Author of " Two Old Mena'
Tates," " Mount Sorel," date. 3 vas.

CONFESSIONS OF A PRETTY WOMAN. Ey Miss PARDOE,
♦uthoress of " The City of the Sultan," dte. 3 vols.
Henry Colburn, Publisher, 13, Great Marlborough-street.

THE WEATHER.—SuN Onicz, JULY 4.
THERMOMETER, Lowest, 58; Highest. 77; Noon, 79

BAROMETER, 30.2.-WIND W.; fine.

HIGH WATER AT LONDON-BRIDGE THIS DAY.
iferning .. 24 minutes after 11. I Evening .. 54 minutes after 11.

THE SUN, LONDON, _ MONDAY
„ISIOANING, JULY 6, 1848.

themselves, will all become points of inquiry when
the imperfect state of " public education " is scruti-
nised. While the demolition of rookel les in cur
towns, the construction of spacious streets, the
sewerage, public baths and washhouses, proper ven-
tilation, and the removal of burying-grounds out of
our cities, will each, we are fain to believe, come
under the categorical title of improving the sanatory
condition of the population. With regard, however,
to the, particular exigencies of our sister island Lord
JOHN RUSSELL speaks in definite and decisive terms;
he conceives the position of that land to be
singularly exigent, fur he remarks —" Our recent dis •
cussions have laid bare the misery, the discontent, and
outrages of Ireland ; they are too clearly authenti-
cated to be denied ; too extensive to be treated by
any but the most comprehensive measures." No-
thing, indeed, could be more glorious or propitious
than the character of the address written by
the new Premier to his metropolitan constituents,
showing us, as that letter does, the dawn of
a moral, social, political, and national ad-
vancement
in Great Britain, which if the RUSSELL
Administ: a 1 be aided by the approval of the
people, will insure to this country advantages almost
incalculable. With that address before them the
electors of London cannot remain indifferent as to the
triumphant return of the Prime Minister as
the representative of this great city. They must not,
if they consider the interest of themselves and of the
community at large, permit the seat, which has be-
come vacant by Lord Joust being summoned to the
head of affairs, to remain unoccupied beyond the
time necessary for the routine of as ordinary
election. With the consistent and disinterested
conduct of Lord Joins RUSSELL during the recent
discussions fresh in their recollections, with a grateful
memory of his celebrated free-trade missive addressed
to themselves, knowing the distinguished and un-
swerving character of his whole political career, and
knowing also that party distinctions are now for ever
abolished, the electors of the City of London must
assuredly return their illustrious candidate tri-
umphantly and speedily. Met the metropolis set an
example of promptitude and liberality to those
boroughs which will be rendered vacant by the
Ministerial changes, and public business may be
commenced forthwith.

On Friday week we inserted a letter signed
" IL S. M." and headed " What should the Allottees
do?" questioning the justice of the opinions we have
from time to time put forward respecting the legal
and moral liabilities of the allottees of railway shares.
Our correspondent manifestly sympathises with
the provisional committeemen, but he put forward
his views with so much fairness and moderation, and
at the same time with so much ability and cogency,
that, although differing from our own opinions on the
subject, we hesitated not to give insertion to his letter.
The question of the legal liability of the allottees
has been settled by a much higher authority than
that either of our correspondent or of ourselves.
The Court of Exchequer unanimously pronounced
their judgment in the case of Vir A. LSTAB v. SPOTTIS-
WOODE, that the allottee was not liable for any portion
of the preliminary expenses, and this decision was
the more valuable, as no new principle was thereby
introduced, but one of much importance, which had
stood the test of many years' experience, and which
had never been judicially questioned or controverted,
was sanctioned and affirmed, viz., " that where persons
set a scheme on foot, and assume to be the managers
of it, all the expenses incurred before the scheme is
in actual operation must be sustained by them if that
scheme should afterwards be abandoned." That
principle, so long as it is held to be good law, must,
as we conceive, govern the point at issue, and in the
still later case of WONTNER v. SHARP, it was recog-
nised and extended by a judge of another court.
Originally promulgated in the Queen's Bench, it was
received with unanimous approbation by the full
Court of Exchequer, who founded their decision I
thereon, and was subiequently put to the jury as
undoubted law by a judge of the Common Pleas. We
cannot, therefore, permit the provisional committee-
men to indulge in the pleasing but delusive hope that
there is any probability of the rule being altered for their
benefit. But we take a much higher ground on behalf
of the allottees. We join issue with our correspondent
on the question of moral liability. We say that they
are not in equity or in honour bound to contribute one
single shilling to the preliminary expenses of those un -
dertali ings which were not brought before Parlia-
ment. As to those which were actually brought before
the Legislature, and there failed, we do not at pre-
sent profess to give an opinion : each of these cases
must in a great degree depend on its own peculiar
circumstances.

Our correspondent supposes a case, a strong one,
for himself. He says twenty times the number of
shares put forth in the prospectus were applied for ;
that there was much difficulty in judiciously dis-
tributing them between the proper parties ; that the
acting committee had felt justified in taking the steps
necessary to place the project in a state of readiness
for the adjudication of the Legislature, and that they
undertook the expenses wholly and solely on the
strength of the promises made by the applicants for
shares. He then supposes the allotment, which un-
fortunately did not take place until after the panic—
this constitutes the great point of the case. We ven-
ture to say that there was not a single instance of an
allotment which took place before the panic in which
the entire number of shares were distributed to the
public, or in which there was not a large reserve
made for the purpose of being divided be-
tween the promoters of the project, in the
event of the scheme proving a successful one
and the shares coming out at a premium. And such
would have been the case in the subsequent allot-
ments, had it not been for the panic; then, indeed, the
full number of shares were allotted—no reserve
was made. The question was not to keep the good
things for the friends of the promoters, but to select
persons who• could bear their proportion of the
losses certain to be sustained. He says, " the allot-
ment letters are sent out ; the applicants for
shares —all honourable men—are unanimous in not
taking up or paying on a single share." Does not
this clearly prove the state of facts at the time of the
allotment ?—that it was a certain loss that was en-
tailed by the granting of the application; and
will our correspondent say on what principle
of justice it was that the other applicants,
whose claims were rejected, were exonerated from
any portion of the loss? 'Were they the friends of
the allotting committee, or not, who were so exone
rated ? 'Were they not the very parties who would
have got the allotments, if they had been valuable and
the shares at a premium ? IVe verily believe that
not one in ten of those who received allotments after
the panic had set in would have had any answer to
their applications if circumstances had been different.
The law has wisely provided that no person shall be
responsible on what is technically termed a nudum
pactum, no promise is binding unless there is a valid
and sufficient consideration ; therefore, there must be
a reciprocity ; in other words, if any
man is to be held
responsible on a contract, he Must have re
ceived some benefit or claim in return for that
liability. Now there was no reciprocity whatsoever
between the committeeman and the
applicant; the
latter on signing his letter of application, did not
thereby become entitled to any number of shares. If
the scheme turned out profitably he would not have
got those shares for which he applied, and he there-
fore considers that when circumstances were wholly
altered, he could not fairly or equitably be held re-
sponsible for the loss which had actually been sus-
tained, before he received his allotment. We may men-
tion an example which strongly bears out the view
we have taken. A gentleman of high respectability,
on whose credibility we place the utmost reliance, in-
formed us that he had applied for shares in many
undertakings during the summer of 1845,
but in not one single instance was his appli-
cation favourably replied to before the panic set in,
except in one case, where he had a friend on the com-
mittee ; but after the panic, applications be had sent
in more than three months before, were answered,
and the full number applied for
given to him in
almost every instance. Could he be considered fairly
liable ? We think not. We have thus stated some
of the grounds why the allottee is not bound in
honour to pay on his shares; for, no matter how the
legal point might be decided, we
would not have
advocated the cause of the allottees unless we had
conceived it to be based on equity and justice.

---........-
The latest intelligence from Persia represents the
sanatory condition of that empire as at present most
satisfactory. It would appear, therefore, that the


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