The Sun.
London, England, 1846-06-30 00:00:00

PROTOCOL.

The two original copies of the treaty having been ex-
amined and found to correspond in form and contents
with the concerted stipulations, the Plenipotentiaries
proceeded to sign the same, under the following con-
ditions: such conditions, though not appearing of a nature
to be admitted into the text of the treaty, nevertheless
to be considered, on the ratification of the treaty, as
thereby agreed to and ratified :
Both Governments engage that the fees which may at
any time be levied for the registering of a single work in
the register book of the Company of Stationers in Lon-
don, or in the catalogue of the Office of his Prussian
Majesty's Minister for Ecclesiastical, Educational, and
Medical Affairs, shall not exceed the sum of one shilling
sterling, or of ten silver groschen, as has been already
declared on the part of Great Britain in a letter from
the Board of Trade of the 2d of April, 1844, letter E.—
(Art. 2.)
'The delivery of a copy gratuitously shall take place in
Great Britain at the Stationers' Company in Londou,
and in Prussia, at the Office of the Minister of Ecclesias-
tical, Educational, and Medical Affairs in Berlin.—
(Art. 2.)
Both Governments agree that the duty on musical
works imported from Prussia into Great Britain shall not
be greater than the duty on books imported from
Prussia into Great Britain.—(Art. 4.)
It is understood that the stamping agreed to in this
article will be confined to books and musical works (ac-
cording to the interpretation of the word " books" given
in Article 11. of tho Act of Parliament sth and 6th Vic-
toria, cap. 45, of July Ist, 1842) ; whereas all other ob-
jects mentioned in Article I. of the Convention this day
signed, will not require to be stamped in order to enable
them to be imported into Great Britain at the rate of
duty fixed for these objects by Article IV. of the pre-
sent treaty.—(Art. 5.)
Done at Berlin, May 13, 1846.
WEST M ORLAND.
CANITZ.

THE FRENCH EXPERIMENTAL

SQUADRON.
BARCELONA, JUNE 18.
The mail steamer from Palma de Slajorca, which was
detained a day and a half beyond its time, has just
arrived, bringing the intelligence that the French squad-
ron, consisting of seven ships of the line and three war
steamers, commanded by his Royal Highness Prince
Joinville, had anchored in the Bay of Palma on the even-
ing of the 12th.
The following is the list of vessels which compose this
squadron :
Flag-ship, Souverain, 120 guns, Captain Charner.
The Gemmapes, 100 guns, Captain Laquerce.
The Inflexible, 90 guns, Captain Chanfray.
The Neptune, 80 guns, Captain Penaud.
The Alger, 74 guns, Captain Dubordier,
The Marengo, 74 guns, Captain Pellion.
The steamer Descartes, 450-horse power and 16 guns,
Commander Vernince.

The Asmodee, 450-horse, and 12 guns, Commander
Le Blanc.

The Coubien, 320-horse power and 8 guns, Com-
mander Aubry.
The customary salutes were fired as well by the
fortress as the squadron. The Prince went ashore
incognito a few hours after his arrival, and walked about
the city, returning on board at 12 o'clock at night.
On the 13th, at 11 o'clock, the Captain-General and
Political Chief went in state to visit his Royal Highness
on bowed. They were received with all due honours and
the utmost urbanity and attention. At 2 o'cb ck his
Royal Highness came on shore in state. The Captain-
General's carriage was waiting for him, accompanied by
an escort of honour ; and he proceeded to the palace of
his Excellency, where he remained two or three hours.
Royal honours were paid to his Highness by all the
guards. After visiting the Political Chief and the
French Consul, the Prince returned on board at 5 o'clock
in the afternoon, under a Royal salute cf 21 guns from
the fortress.

On the 14th the Prince came on shore incognito in the
afternoon, and went to the theatre, returning on board
for the night. He accepted an invitation to a ball to be
given by the town on the 18th. The French Consul
gives another grand soirée afterwards. When the
steamer left it was understood the squadron would not
weigh anchor for this port (Barcelona) until the after-
noon of the 20th. It cannot come on us unawares here,
as from the Castle of Monjuich it can be discovered
almost from the moment it leaves Palm, Bay. Great
preparations are making here to give his Royal Highness
a truly princely reception.

A FLOCK OF SHEEP KILLED BY LIGHTNING.—A very
remarkable event has just occurred on Alenclp Hill, which
startled all in that rural district by its great and astounding
singularity. Henry Davis, Esq., who resides near Hunter's
Lodge was greatly alarmed on Saturday evening, owing to
the terrible effect producod by the 01111(1er-storm amongst
his flocks, the lightning having struck seventy-four two-
seeth sheep dead nearly at one flash. As our cf r-es)ond( nt
wrote the farm servants were removing the bodies st
waggons and carts. With the exceptio of five or six, they
had, all at the moment of the storm. been standing in a row
under a wall when they were struck dead—many falling ()Tor
ono another at the Mile instant of time.

L/LW INTELLIGENCE.
COURT OF QUEEN'S BENCH, June 27.

(Sittings in Banco.)
LAWTON r. HICKMAN.

This was an action in the form of an action for goods sold
and delivered to recover the value of some scrip certificates
and shares in the Grand Union Railway Company, a com-
pany which had only been provisionally registered when the
shares were sold.

The defendant pleaded that this was a company com-
menced after the Ist of November, 1844: that it had not
been completely registered under the 7th and Bth Viet.,
c. 110 ; and that the sale of the shares was therefore illegal.
This objection to the legality of the sale of shares was
founded on the 2d and 26th sections of that statute. The
second section provided " That this Act shall apply to every
joint-stock company as hereinafter defined established for
any commercial purpose, &c. (except banking com-
panies, schools, and scientific and literary institu-
tions), and also friendly societies, loan societies, and
benefit building societies duly certified," &c., under pre•
vious Acts. This section contained the following proviso :
" Provided, nevertheless, that except as hereinafter specially
provided, that this Act shall not extend to any company for
executing any bridge, road, cut, canal, reservoir, aqueduct,
waterwork, navigation, tunnel, archway, railway, pier, port,
harbour, ferry, or dock, which cannot be carried into execu-
tion without obtaining the authority of Parliament." The
26th section enacted, that "with regard to subscribers, and
every person entitled or claiming to be entitled to any share
in any joint-stock company, the formation of which shall
be commenced after the Ist of November, 1844, that until
suck joint-stock company shall have obtained a certificate of
complete registration, and until any such subscriber or per-
son shall have been duly registered as a shareholder in the
said registry-office, it shall not be lawful for such person to
dispose, by sale or mortgage, of such share, or of any
interest therein, and that every contract for the disposal of
such share or interest, shall be void, and that every person
entering into such contract shall forfeit a sum not exceed-
ing 101." The plaintiff replied that this was a railway
company, established for the purpose of maintaining a rail-
way under the authority of an Act of Parliament, to be
obtained for that purpose, and that its works could not be
carried into execution without obtaining such an Act. The
defeadant demurred to this replication, and raised by his
demurrer the several points noticed in the judgment. The
case was argued some time since by Mr. Pashley for the
defendant, and Mr. Cole for the plaintiff, and the Court took
time to consider.

Lord DINMAN now delivered judgment. This was an
action for goods sold and delivered. The defendant pleaded
that the goods and chattels were shares in a joint-stock com-
pany, illegally sold after the Ist of November, 1844. The
plea set forth all the facts necessary to show that the com-
pany was a company of the kind described in the 7th and
Bth Victoria, c. 110, and was not completely registered
within that Act. The plaintiff replied that the company
was a company for the purpose of making a railway to be
called the Grand Union Railway, under the authority of an
Act of Parliament to be obtained for that purpose, and that
the sale of the shares was therefore not illegal. The defen-
dant demurred to this replication, and the question raised
was whether the facts stated in the replication made the sale
of shares legal. One of the causes of demurrer was that the
power required from Parliament for the execution of the
works of the company was not specified, and that the appli-
cation was, therefore, too general. The answer to that was,
that the description following the words of the Act was
sufficient. Another objection was, that the replication did
not say that the execution of a railway was the sole purpose
of the company, but that was not necessary. The proviso
in the statute did not require in terms that it should be so,
and the Court would not of itself assume that the company
had any object in view. To make that question available,
it ought to have been specially averred that the company
had some other purpose in view, besides the execution of a
railway. Then it was objected that the railway shares
were not goods and chattels. But the Court did not con-
sider this objection to be tenable. The Courts bad already
recognised them to be goods and chattels in several in-
etances. The great question raised for decision here was,
whether the circumstance that the company was established
for the execution of a railway, requiring the authority of
Parliament, prevented the 26th section of the statute from
rendering the sale of the shares illegal. The proviso in the
second section was most remarkable in its terms which di-
rectly prevented the application of the statute. (His Lord-
ship read the words of the proviso.) In the opinion of the
Court, the Act did not operate upon a railway company at
all, unless there was some special provision to direct its ap-
plication to such a company, and then it would only apply
as specially provided. The proviso in the second section was
not of the ordinary kind, namely, something engrafted
on a preceding enactment. It was an enactment prevent-
ing the operation of the statute, except in particular in-
stances. The proviso must be taken to have been repealed
at the end of each enactment, and must be considered as a
statutory declaration, overruling the whole statute and
exempting companies not falling within its special provi-
sions. The 4th, the 7th, and the 9th sections of the statute
were not brought under the notice of the Court of Exchequer
in the argument in the case of Young a. Smith, but this
Court had considered them, and was of opinion that they
were not sections, which by necessary inference rendered the
26th section of the statute applicable to railwa-, companies.
The 25th section did not make the 26th section applicable,
and the Court observing that the 26th section made it penal
to deal in shares of companies not completely registered,
could not but remark that it did not extend to railway com-
panies, unless it was so specially provided by the Act.
When the Court searched for this special provision, it
found none. The intention of the Legislature most pro-
bably was to deal differently with railway companies from
other joint-stock companies, and the special provision in-
tended to apply to railways might have been omitted by
accident. It certainly was not to be found in the Act, upon
the words of which alone the Court had authority to proceed,
and therefore the plaintiff was entitled to the judgment of
the Court.

L•ONIE V. OLDFIELD.

This was an action for work and labour in purchasing
shares and scrip certificates in certain railway undertakings.
The defendant pleaded that the shares were in a joint-stock
railway company commenced after the Ist of November,
1844, and not completely registered under the 7th and Bth
Vict., c. 110. The plea set out all the particulars, and com-
pletely nq atived the exceptions contained in the second
section of that Act. The replication was, that this was a
company the works of which could not be carried into execu-
tion without the authority of Parliament. There was a de-
murrer to this plea, on the ground that it did not show in
what way the works could not be executed without the au-
thority of Parliament.
The COURT did not think that this demurrer was sustain-
able. Enough appeared to show that the company was a
railway company, and the Court would take notice that a
railway company was one the execution of the works of
which could not be carried on without the authority of Par-
liament. The judgment must, therefore, be given for the
plaintiff.

RAY V. HIRST.

Lord DENMAN delivered judgment in this case, which was
exactly the same as the last case, except that the plea did
not negative the exceptions contained in the proviso of the
second section of the statute. There had been a demurrer
for this cause, and the Court held the objection to be fatal.
Judgment for the plaintiff.

POLICE INTELLIGENCE.
GUILDHALL.

CUSTOM IN THE PRINTING TRADE.-011 Saturday
the complaint of George Bartlett, a pressman, against
his master, Mr. Stevens, a printer, in Philpot-lane, was
heard before Mr. Alderman Sidney. It was a complaint
for non-payment of a fortnight's wages, alleged to be due
by reason of a peculiar custom of the trade—that when
a master takes an apprentice to work at the press, and
has selected a skilful journeyman to instruct him, he
shall give the journeyman a premium of two guineas
and a portion of the boy's earnings, or an increase of
wages equivalent thereto, for one year. A contract of
service for one year certain is, therefore, tacitly raised,
during which the journeyman cannot discharge himself,
nor can he be discharged by his master, without good
cause. In this case Bartlett had received the premium,
but giving offence a few days afterwards, he received
a fortnight's notice to quit, which he refused to pay any
regard to, alleging that he was hired for a year.
At the previous hearing of the case, the evidence of
several respectable journeymen was brought forward to
prove the custom of the trade.
Mr. John Killingback, secretary to the Pressman's
Union Society, gave evidence to the same effect.
Mr. Justins, for the defendant, said he came prepared
to prove that there was no such monstrous and absurd
custom in the trade. Some masters were in attendance
for that purpose, and he had been kindly favoured with
letters from eight others. But he had evidence on ano-
ther point which would preclude the necessity of troub-
ling the magistrate with such a mass of evidence. It was
admitted that, notwithstanding the implied contract for
a year, a master might discharge the man for miscon•
duct at any time, and he should show that Barlett had
been guilty of misconduct. Besides knocking down the
overseer, he had used gross and insulting language to his
master.

Mr. Wooler, on behalf of the Pressmen's Union,
said he thought the custom was admitted at the
last hearing, but he had now, as he had then, some of
the oldest men in the trade to prove that it was an old
custom, practised generally throughout the trade. He
would establish the custom beyond the possibility of
dispute.
Mr. Justins said, that custom was not law, but this
even was not a custom; it was at best a bad usage.
Mr. Wooler observed, that our most valuable privileges
had been established by custom rather than by law.
Mr. Alderman SIDNEY admitted that he thought the
custom was established, but he was open to hear evi-
dence against it. It was shown that two journeymen,
who were instructing apprentices, and who left in the
course of the year, were compelled to return by their
masters because they had received a premium to bring
up the apprentice for one year. There must be a reci-
procity of obligation in the contract ; if the man was
bound to serve for a year, the master was bound to em-
ploy. The contract, of course, was subject to be deter-
mined by the death of parties or the act of the law in
certain cases.

Mr. William Stevens, the brother of the defendant,
was then examined as to the complainant having at
various times used gross, insulting language to his master,
and that on one occasion he had either by negligence or
wilfulness removed some type and caused it to tumble to
pieces, and thereby rendered useless all the labour be-
stowed upon it. _ _

Mr. Wooler cross-examined him as to not having him-
self been an apprentice in the printing trade, and other
matters, but left untouched the fact of the man having
used the gross language.
An errand-boy was called to prove the using of the of-
fensive expression.

Mr. Alderman SIDNEY said he had paid great attention
to the case, and he had no doubt that he had jurisdiction
to enterta
in it, and to receive parole evidence of a cus-
tom in this trade as to general hiring for a year. The
weight of evidence, as to the custom, stood at present
in favour of the complainant. During fhe first year of a
boy's apprenticeship the man he was placed to work
with received 3s. extra per week. As this was part of
the remuneration for initiating the apprentice, it was
due only to him who had all the trouble at the beginning,
and inferred a contract to hire the journeyman for a
year. However, he did not mean to decide the question
hadf beend.
of custom. When a servant treated his em
such disrespect, and usedwas susucrhelylamg:atltsse
proved in this case, it
without a breawchhenofathiaergceurstornor. His;
charging him,
therefore dismissed the case..
s appealwas
due for wages,_ the. complainant might, in effect,
from this decision by tininlonin
Court of Requests, which, in fact, is master to the
court for the roma), Qt• wage*. t was a more suitable

NAVAL INTELLIGENCE.
PORTSMOUTH, SUNDAY.—The Albatross, 16, Com-
mander Reginald Yorke, arrived at Spithead this morn-
ing, between seven and eight o'clock, from the west
coact of Africa station, on which, during the last four
years, she has been engaged in the suppression of the
slave trade. She came up with the yellow flsg at her
masthead, but having no contagion on board, obtained
pratique soon after bringing- up and saluting.
The Heroine. 6, Commander Edmunds, arrived at
Ascension in 13 days from the Bight or Benin, with
tidings of the Flying Fish, 12, Commander Harris,
having, after a long chase, run a Spanish slave felucca
ashore ; and that on Lieltenant Robins (who was in
command of her) proceeding to board her, for the pur-
pose of taking her tonnage, the boat in which he was
capsized, and, unhappily, he and four of the crew were
drowned in the surf. Mr. Simpson, midshipman, to-
gether with one man, succeeded in reaching the shore,
but were knocked down by some of the slaves whose
.release from bondage they were endeavouring to tiffect,
and Mr. Simpson had one of his fingers cut off by them
for the purpose of obtaining a ring which he wore.
The Wasp, 16, Commander S. H. Usher, had taken
three slavers, one a schooner, after a hard fight, in which
j 13 men of the schooner were killed. The prizes were

taken to St. Helena by Lieutenant Elliot, of the Wasp.
The Prometheus steam-sloop, Commander Hay, had
also very recently captured a slaver, which she had sent
to St. Helena, iv, charge of Dr. Ta eedaie, the surgeon,
all the other executive officers of the Prometheus being
away in other prizes.
Mr. Rundle (master), and Dr. Yeoman (surgeon, of
the Styx), had dit d.
The Pantaloon, 10, Commander Alston k acting); the
Heroine, 6, Commander Edmunds; the Hecate steam-
sloop. Commander West; and the Tortoise store and
guard ship, were at Ascension on the 13th ult.
The following officers invalided, and came home in
the Forfarshire Indiaman, which passed this port yes-
terday for London :—Commander Wilson, of the Panta-
loon; Mr. Forster, Master of the Actaeon; Lieutenant
G. F. Day, of the Bittern; and Dr. Brimmer, assistant-

surgeon of the Flying Fish.
This being the anniversary of her Majesty's corona-
tion, at eight o'clock the ships in harbour, and the Alba-
tross at Spithead, dressed in colours, and the Royal
airmdard was hoisted on all the Government establish-
ments, and at one o'clock royal salutes were fired.
The dockyard artisans, we believe, will have their
holiday to-morrow, and the tradesmen of these towns
suspend business as usual upon this day.
PR MOTIONS.

Lieutenants—W. Morris (b), 1838, who was midship-
man of the Genoa, at Navarino ; Henry Gage Morris
(1837), Flag-Lieutenant to Admiral Sir Charles Ogle
Bart., at Portsmouth ; and J. H. Cockburn (1840), late
Flag-Lieutenant to Rear-Admiral Percy, in the Win-
chester frigate, to the rank of Commander.
APPOINTMENTS.

Lieutenants—T. C. 0. D. Whipple, to the Dido ; C.
Wake (late mate of the Heroine), to the Styx ; E. 11.
Alston, of the Ranger, and W. J. R. Card, of the King-
fisher, to the Pantaloon, the former as acting Com-
mander.

Master—l. T. Crout, to the Inflexible.
Surgeon—ll. T. Osman, to the Inflexible.

Assistant,Surgeons—S. Sterret, to the Inflexible ; A.
Lillie, M.D., to the Pantaloon ; E. G. Irving, M.D., of
the Tortoise, to the Styx ; M. Bruton, M.D., from the
Crocodile, to the Dido.
Chaplain—Rev. Bell, to the Avenger.
Se -and Ma-.ter—George Marsh, to the Constance.
Naval Instructor,—W. Kerr, to the Spartan.
Midshipman.—R. Craig, to the Dido.
Coast Guard.--Removals.—Lieutenant W. Bailey (b),
from Mothereomb,:', to Rickman statism, vice Voules,
previously removed ,• Lieutenant J. Walker (h), from
No. 2 battery, Deal, to Bovisand station, vice Rains,
previously removed,
Pismtsrru, JUNE 26.—Yesterday morning her Ma-
jesty's frigate Constance, 50, Sir Baldwin Walker, was
towed fr m Hamoaze into the Sound, where she is moored
inside the eastern arm or the Breakwater.

Last evening her Majesty's sloop Fly, 18, Captain F.
P. Blackwood, arrived here i'rom Portsmouth.

LLOYD'S SHIPPING.

LONDON, JUNE 29.—Wind S.S.W —Light breeze, and fine clew
Weather.

LIVERPOOL, JUNE 28.—Wind S., fi esh.—Arrd. 27, Annie, Skarp,
Shanghai; Secret, Hilton, Coquimbo, in 87 days; Glenlyon, Muir-
head, New Orleans; Rankin, Aiiekle, Mobile; Tory, Sharp, Mobile;
Nelson Village, Burney, Savannah; Tamerlane, Henderson, Savan-
nah; Havre, Carpenter, Savannah; Henry Clay, Nye, New York;
Anne, M•Garry, Montreal ; Bellena, Auld, Montreal; Rory O`More.
M`Matter, Montreal; Ariel, Gorling, Alexandria; Mary Law-on,
Watson, Alexandria. 28. Oordelia, Hughes, Calcutta; Stirling-
shire, Rothay, Maranham ; Heartley, Lord, New Orleans; Achilles.
Taylor, New Orleans ; Charles Joseph, Tillinghurst, Savannah ; Sa-
muel Hicks, Aunker, Alexandria United States; Hibernia steamer
Ryrie, Boston, left 16 inst., and Hallefax 18 ; Pollock, Miramichi ;
Lady Con table, Rich hucto ; Mahaica, Montreal; Milton, Montreal;
Pest Boy, Maderia. Oft, Lanark, Isabella, Tinamara, and Safeguard.
27. The Rankin, arrived here yesterday from Mobile, saw a ship
on shore Ist June, on Florida Reef, with wreckers near her; on the
21st inst., in lat. 48, long. 18, passed the bottom of a ship, apparently
of about HOO tons, with her timbers about two feet above the water ;
en the 25th, 13 miles S.W. of Holyhead, In the Fairway, passed a
piece of wreck, apparently the stern frame of a vessel, and sufficiently
large to damage a ship running foul of it. The Montezuma, Selkirk,
sailed from Laguna 14th January, for Cork, and has not since been
heard of. _ _

Cowes, Juice 28. —The wreck of the American barque Illicuela, of
Portland, waterlogged and dismasted, was passed 21st ult. in lat 30
N., lon. 75 W., the Corinth, Smith, arrived at this port.
SHIELDS, JUNE 26.—The Sheffield, Bennington, from Grangemouth
for South Shields, sprung a leak off the Fern Islands, and foundered;
crew saved. _

-17;.;;;:jurtz 28.—Wind W.S W. to S.W.—Arrd. the Tivea,
Bengston, Tropani, and sld. for Elsinore ' Germania, Wendt, Trini-
dad, and sld. for St. Petersburgh ; 27th, Triton, Robe, St. Thomas,
and sld. for Copenhagen ; Newport, Sula, Africa t James Freeman,
Alexandria ; Julia, Constantinople ; Sally, Rye, Mediterranean ;
J. E. Adams, Reimers, Newfoundland; 25th, Elizabeth Thompson,
Weeks, Port Philip ; Amelia, Teasdalo, Sydney, New South Wales;
Boding, Hutchins, Calcutta ; Elephanta, Boss, Calcutta ; Ethelred,
Bradford, Bombay; Emily, Grieves, Bombay; Wallace, Sammerson,
Miramichi ; John Baring, New York ; Ireland, Moreton, Rio Grande;
Barbadoes, Pickering, Antigua. Arrd. from the River, 27th, Sea
Nymph, Vossey, for St. John's, New Brunswick; 28th, Franklyn,
Abbot, Batavia; Ellen, Goldsworthy, Demerara; Ceylon, Crisp,
St. John's, New Brunswick. Arrd. from the River, and sld.,
27th, Susan, Collings, for Azores. Sid., 27th, Lady of the Lake,
M`Taggart, for Singapore; Woodlark, Clarkson, Bahia; Thomas and
Piayter, Quebec ; Leander, Pringle, Quebec ; Laura, Bower,
Constantinople; Zodiacus, Haan, St. Thomas; Leilman, Sleedoom,
New York ; Henrietta and Bertha, Schmidt, New York ; Reaper,
Thomson, Aden. Put back, 28th, Correo de Teneriffe, for Teneriffe,
with loss of bowsprit, &c.
HARWICH, JUNE 28.—The Times, Palentine, of and for Newcastle
from London, has been assisted into this port leaky, and with loss of
anchor and chain, having got ashore on the Gunfleet, on the night
of the 26th inst. A Scotch brig was ashore on the Gunfleet sand this
morning, but got off and proceeded.
RAMSGATE, JUNE 27.—Wind S.W.—Arrd. Eliza, Seabourne,
Shields, for Dublin, to stop a leak; Jenny Salgen, Stralsund, for
Jersey to stop a leak.
FALMOUTH, JUNE 28.—Wind S.S.W.—Arrd. Swift, Morrison,
Alexandria; Grasshopper, Hunkin, Saldanha Bay.