The Sun.
London, England, 1846-01-20 00:00:00

APPOINTMENTS.

LAW INTELLIGENCE.
COURT OF CHANCERY, Jan. 19.
The Lord Chancellor did not sit in his court at Westmin-
ster to-day till near half-past twelve.
IDI THE MATTER OF HITCHING, A LUNATIC.
This case came before his Lordship upon the petition of the
Commercial Bank of England, praying that it might be re-
ferred to the Master to inquire whether or not it would be
for the benefit of the estate of the lunatic that a call of 11.
105. on each of the shares held by the lunatic in the Com-
mercial Bank of England, established in the north some years
back, should be paid or not. It appeared that the lunatic
had 905 shares in the undertaking, upon each of which 51.
had been originally paid. The company, in 1840, had fallen
into difficulties, and shortly afterwards it was determined to
wind up the whole of its affairs. The gentleman who had
been appointed for that purpose had found it necessary, in
order to satisfy the liability of the Bank, to make a further
call of 11. 10s. ; and upon the committee of the lunatic re-
fusing to comply with the demand, on behalf of the lunatic,
and asserting that he was not liable, the present petition was
presented.
Mr. Bacon appeared for the petition, and Mr. Parker for
the committee of the present estate of the lunatic.
The LORD CHANCELLOR inquired whether the committee
of the lunatic had any personal interest in opposing the
petition?
Mr. J. PARKER said that he certainly was not, but he
aas interested in the prayer of the petition being granted.
cet, notwithstanding that, he considered it to be his duty,
s the protector of the lunatic estate, to oppose it. The
emmittee was himself a shareholder in the bank, and by
acceding to the prayer of the petition, the Court would lessen
his responsibility.
The LORD CHANCELLOR did not see why he was to take
the subject out of the control of the committee of the lu-
natic. If the committee found that the estate of the lunatic
was likely to be endangered, he could apply to the Court.
The petition was then ordered to be dismissed with costs.

ROLLS' COURT, Jan. 19.
His Lordship sat at ten o'clock, and proceeded with the
hearing of the remaining petitions.
COMA V. lIAMMER.
This was the petition of Thomas Walden Hanmer, Rector
of the parish of Sympson, in the county of Bucks, praying
that an inquiry might be instituted to ascertain if the re-
ceiver appointed under the Court to collect the rents and
tithes of the defendant had discharged his duty. It appeared
that the receiver had been appointed on the 6th of February,
1830, with directions to apply any balance accruing to
keeping in repair the house property of the petitioner, which
it was alleged he had neglected to do. Up to the 25th of
March, 1835, there was a balance of 3391. 7s. 4d. which came
into the hands of the receiver, and that balance ultimately
attained to 1,3291., which in 1836 was expended by the re-
ceiver. The petitioner objected that the outlay was un-
called for, and the matter came again before the vise-• Cha-
ncellor, who directed that a survey should be made to ascer-
tain if the repairs were commensurate with the ex-
penditure, when it was found that there had been
an excess of nearly 6001., the sum required being
reported to be 7641. The receiver filed an affidavit, and the
accounts were subsequently admitted by the Master. The
petitioner also alleged that there were arrears of 1,7401.,
which might have been collected, but which the receiver
denied, asserting that these arrears, being derived from tithes,
could not be recovered in the same way as other debts, and
with the same facility.
Lord LANGDALE said he was of opinion that this petition
was not entitled to a special order, in consequence of the
vague and general statements which were put forward
by the petitioner. There had been a receiver for a
great number of years, and had he neglected for ten
years to produce his accounts, be would for that
act alone be inclined to remove him. But it was not
so, for those accounts complained of were brought in
very rapidly. Though the remainder had not, he would not
accede to the prayer of the petition. There had been a large
balance in hand ten years ago, and the receiver had
to pay certain stipends and other charges out of the income.
The existence of that balance was known to all the parties,
that was the time to have come forward and make distinct
allegations, instead of which these statements are not made
till tut years afterwards, and from that circumstance
he would not make an order. With respect
to the various arrears, these were properly stated in the ac-
counts of the receiver, who went before the Master. Then
again, with respect to the repairs, these might not have been
called for, or not have been judiciously incurred, but under
all the circumstances he would make ao order, but dismiss
the petition with costs, excepting one from the same—the
party who on the side of the incumbrancer had come forward
to support the petition.

Captain—W, Broughton, to the Curacoa, vice Sir Thomas
Pasley, sent home with dispatches.
Commanders—W. H. Hall, to the Electra; T. B. Brown,
to the Snake.
Lieutenants—E. Burstall, to the Porcupine; J. R. R.
Field, to the Penelope ; W. A. Hood, to the President ; A.
Wilmshurat and T. D. Sullivan, to the Excellent; W. H.
Conolly (additional), to the President; C. Atkins (addi-
tional), to the Hibernia; A. Luckraft (additional), to the
Collingwood; E. G. Hore (additional), to the Vindictive;
W. T. F. Jackson (additional), to the Hibernia; V. G, Hick-
ley (additional), to the Vindictive; G. C. Campbell (addi
tional), to the President; H. G. Morris, to be Flag to Ad-
miral Sir Charles Ogle ; A. Fletcher, to the Resistance;
A. E. 13, Carter, to the Snake; and A. D. Gordon, to the
Electra.
Masters—P. Chown, to the Snake; W. E. Hyne, to the
Electra.
Surgeon—T. Somerville, to the Cleopatra.
Paymasters and Pursers—W. F. Maturin (acting), to the
Snake ; C. S. Giles (acting), to the Electra ; S. H. L. Giles,
(acting), to the Scout.
Midshipmen—T. D. Williams, IL W. Corneck, and A. L,
M. Montezuma (additional), to the Carysfort.
Naval Cadets—R. Kennett, to the Rodney; the Hon. A.
Drummond, the Hon. A. Hay, C. D. Moultrie, G. D. David-
son, and A. C. F. Heneage, to the Carysfort; R. Wynniett, to
the Rodney,
Clerks—J. Woodruff, to the Bittern ;T. Ley, to the Scout.

COAST GUARD.
Removals—Lieutenant E. J. Ironies, from Rickhurst Pag.
ham station, vice Slaughter, resigned.

LLOYD'S SHIPPING.
LONDON, Luc 19.—Wind this day at noon S., light breeze.
with much rain.

RAMSGATE, JAN. 18.—S1d. Arline, Delpierre, Valparaiso.
DEAL, JAN. 17.—Wind, S.S.W. to S.W.—Arrd from the
river, Ida, Silk, Batavia ; Hashering, Ross, Calcutta ; Bel.
mont, Grant, Savannah. 18. Caledonia, Liddell, .Sydnev,
New South Wales; Sarah Charlotte, Dennett, Algoa Bay.
PLYMOUTH, JAN. 18.—Wind S.—Sid. 17th, her Majesty's
ship Resistance, Monte Video; 18th, Bittern, Africa; Isa-
bella, Watson, Adelaide.
BRISTOL, JAN. 16. —Sid. Haidee, Canning, Newfoundland.
17, George Nicholls, Demerara.
LIVERPOOL, JAN. 17 AND 18.—Wind S.S.E., light.--Arrd.
18, James Tynes, Trinidad; Clifford, Jamaica; Liverpool,
Eldridge, New York. Sid. 17. Gwalior, Edward, Bombay;
Union, Nuseurier, Rio Grande ; Thomas Worthington, Ross
Trinidad ; Favourite, Rizer, Barbadoes ; Montreal, Prince,
New Orleans; Tyrone. Spear, ditto; St. Cloud, Hatch, ditto;
Scotland. Snow, ditto; Clementina, Symons, Azores. The
Joseph, Yeowar., for Trieste, has put hack with stern post
started, having struck upon Arklow Bank.
ST. MAWES, JAN. 15.—A large lower mast and topmast,
with rigging attached, supposed from a vessel of about 500
tons, has been towed into t. Gonave to-day.
FALmoun", JAN. 18,—The Ine, Symonds, of St. Ives, from
Newport to Malaga, was iU contact on the night of the 15th
inst.,off Scilly, with the French brig9cean, from Newportto
Rochelle, and sunk ; crew saved. •
PLYMOUTH, JAN. 18.—The Guineaman, Stanfield, from
Cape Coast Castle, put back to-day, totally dismasted, in a
heavy gale, at S.W. on the night of the llth inst., 150 miles
S.W. of the Lizard. _ _

VICE-CHANCELLOR'S COURT, Jan. 19.
(Before the VICE-Cll./LNCELLOR of ENGLAND.)

THE MAYOR OF LOUTH V. THE WARDENS OF LOUTH

FREE SCHOOL.

The arguments in this cause were commenced this morn-
ing, but as the leading counsel for the plaintiff had not con-
cluded his address when our Evening Edition went to press,
and as the case appears likely to occupy several days, we
refrain from going into the subject further at present:
(Before Vice-Chancellor WIGRAM.)

DAWSON v. PAVER.
This case was brought on originally by a motion for injunc-
tion to restrain the defendant from the use of certain drains,
which bad flooded the lands of the plaintiff. The cause was
sent for trial before a jury, when a verdict was found for tha
plain. iff, who upon that moved before his Honour, in Novem-
ber last, for an injunction to restrain, in the terms of the ver-
dict, and the defendants made a cross-motion for a new trial.
His Homoint thought it proper to make an order for a new
trial, and directed that the plaintiff's motion should stand
over, with leave to amend the notice for an intended injunc-
tion, and to bring it on at the next seal. -

PARSONS, V. SPOONER.
This cause was heard on demurrer to the original suit,
which was instituted to establish a lien on the deposits of
the Southampton, Manchester, and Oxford Railway Com-
pany. Mr. Parsons, plaintiff in the suit, was the projector
of the line, and had the preliminary prospectus registered in
terms of the Act about the 19th of August, last year. On
the 27th of that month a meeting was convened of gentle-
men to consider the project, when a provisional committee
was formed, and, at the suggestion of the chairman of the
meeting, Mr. Olivera, an agreement was drawn up and
signed by the chairman, the officers of the pro-
posed line, indemnifying the provisional committee,
and pledging themselves to pay all costs and
expenses preliminary or to be incurred up to
the payment of the deposits, to which fund they were to look
fur repayment. Mr. Parsons hal a further stipulation that
he would be constituted sole solicitor to the Company. Now
however that the line is about to be disposed of to another
Company, whereby that stipulation will be made void, Mr.
Parsons, on the ground of the contract made by the pro-
visional committee on the 27th August, claims a lien on the
deposits of the Company.
The defendants demurred, on the ground:that whatever was
entered into by that provisional committee could not bind
the shareho:ders, for at that time the Company had not been
properly registered in terms of the Act 7 and 8 Viet., and
that all those who ought to have been made defendants were
not present in Court. Arguments were concluded to-day, but
his Honour deferred judgment.

COURT OF QUEEN'S BENCH, Jan. 19.
(Sittings in Banco at Westminster-hall.)

TILE QUEEN V THE MAYOR AND CORPORATION OF MANCHESTER.
In this case it appeared from the statement of Counsel,
that Mr. Mill claimed compensation for having been deprived
of his office as clerk of petty sessions for the division of Man-
chester, a situation which he held for thirty years, during
which time he discharged all the duties of a clerk to the
magistrates of the petty sessions far the division of Manchester,
but of which he had been deprived by the operation of a
recent Act of Parliament. The Learned Counsel who ap-
peared on behalf of Mr. Mills, contended that his client had
substantial claim for compensation, upon many grounds,
which he repeated, but that the fact alone of his having
filled the office and discharged the duties of clerk of petty
sessions for 30 years, was prima facia evidence that his claim
was well founded.
The SOLICITOR-GENERAL opposed the application. The
point involved three questions, whkh he would submit to
the Court. The first was, was Mr. Mill the officer he de-
scribed himself within the division of the county in question?
the second, was he at all the offices he described himself? and
the third, if he really were such as officer, had he been dee
prived of certain fees and emoluments? He would deal
with the second question first, because in whatever way the
Court should dispose of that question, depended the disposi-
tion of the other two. The Learned Gentleman then
contended at great length that the applicant was not
the [clerk of the petty sessions, for the division
of Manchester, but the clerk of individual magists
trates who sat there. He supported his argumell
by stating that other magistrates who sat by rotation fr
other petty sessions in the different divisions of the county,
used to appoint their own clerks; that those clerks were
therefore not clerks of petty sessions as recognised by the
Act of Parliament, but the private clerks of those magis-
trates, and therefore could not claim compensation in the
event of their services being discontinued, no matter what
length of time they may hold their situations.
The ATTORNEY-GENERAL, who appeared to support the
application, stated that, the magistrates of the Manchester
division had made an arrangement by which they were each
to sit in rotation with the stipendiary magistrates every
Thursday.
Mr, Justice WIGHTMAN asked if there had been any evi•
dence that the magistrates of the Manchester division did
not sit in rotation
The ATTORNEY-GENERAL said there was not.
The SOLICITOR-GENERAL contended that there was no
evidence that they did. He then proceeded to contend for
the point with which he bad set out, namely, that the appli-
cant was only the clerk of the magistrates ii their capacity
as private individuals.
(The case was not concluded when our report left.)

COURT OF EXCHEQUER, Jan. 19.

ASHLEY AND AitOTHER v. r RAW AND OTHER-LIABILITY

Cnostsn, JAN. 17.—A boat, with a crew of five men,
landed at Mundesley, this evening, of the smack Silesia, of
Barking, parted from her three nights since in a fog; will
proceed to Yarmouth.
BERWICK, JAN. 16.—The Circassian, White, from London,
is discharging at the quay, with damage.
JA.N. 15.—Sid. Southtack, Dick, Savannah ;
Thomas Duple'', Moppet, Demerara ; Simeon Hardy, Rey-
nolds, Barbadoes.'
WATERFORD' JAN. 16.-811 Ellen, Forun, Trinidad,
Coax, JAIL 16.—Arrd. Xarifa, Flearge, Possession Island.
BELFAST, JAN. 16,—S1d. Am.e, Meares, Savannah.
LEITH, JAN. 17.—And. Vibelia, Mellon, Mauritius.
FALMOUTH, JAN. 17.—Part of a lower mast and topmast of
a vessel about 700 to 800 tons, and not long in the water, was
towed on shore at Portscathe on the 15th inst.
PORTSMOUTH, JAN. 17.—The Jongi Catherine, Pimeke,
from Genoa to Amsterdam, which put in here leaky, has been
surveyed, and willdischarge her cargo.

OF LISURANFE OFFICES-WRECK OF THE MARS.
This was a special case for the judgment of the Court.
The action was brought on a policy of insurance effected by
the plaintiffs with the Maritime Assurance Company on the
ship Mars, of London, for 1,0004 and the defendants were
sued for that amount as the trustees of the insurance office.
The defendants bad set up three separate grounds of defence :
first, non-assumpsit ; second, that the vessel was not wrecked
in the manner alleged; and thirdly, that after the effecting
of the policy, and during the continuance of the voyage, she
lied, by and with the consent of the plaintiffs, deviated from
the course of her voyage as laid down in the policy of insurance.
On the sth of March, 1839, the vessel sailed from Liverpool
with goods for China ancl Manilla, a policy of insurance
having been previously effected upon her with the defendants,
in which was a clause that the Mars was to proceed from
Liverpool to places or ports in China and Manilla, and with
liberty to stay at all ports both on this and the other side of
tlu3 Cape of Good Hope, for all necessary purposes, both in
going to and coming from China. During her voyage from
Manilla to China she was wrecked, and the plaintiff subse-
quently brought the present action to recover the insurance.
Mr. Mannar now appeared to argue the case for the plain-
tiffs, but the Court intimating that the pleadings were defee.,
tive, it was arranged that the case should be adjourned for a
fortnight in orde,r that they might be amended.

historical portraits inpaFrrtil
DisASTROUS FIRE:
nQcednethoaftthofe
thefin finest
Marquisolle collections si e
no!
court, has just been
to have originated in his :31tnr-LlYse". It would appear
out in his hotel, Rue de a
to the bed-roam and the library.uy, and to have communicated
estroyed by a fire, which broke
ter suffered consi-
me tine eittograplxletters The
latter
consi-
derably. So
part oi the pictures were destrned were saved, but a great
portrait of Michael Angelo,' 41teitclAirinongst them was a
Erasmus, painted by Holbien ; several i
i himself; one of
Philip de Champaignsai Luis XIV. on hOn4rdu;' three fine'
deemeolen ; and portaits of Molibre, Racine,
by yin..
painted in their own time. There were aim et
hand
.Boileau,
ether pictures of
value :—A. ircsuag girl, by Greuse; a Holy it9t. amity, by Nip
nard; Two Interiors, iii bourbon; several pictures by Brau
wer2 ifse. Fortunately aisotst 2,09 pictures were saved. -
SUPPOSED SUICIDE FROMNVESTWIISTIR-BEIDGZ.
—On Saturday morning., es a man named Dibid was passing
along the steam-boat pier at Westminster. bridge the second
hiaisca?
vered the body of a man lyrng in thp mud near
arch of the bridge. Having obtained assistance, the body
was got ashore, and taken to the vaults o
ti
f St. John'oo aCh
b urch,
,
Waterlo•-road. Upon making an inspecon a ody
Mr. Anderson, the Coroner's 'officer, found tbat tiio theiri a'
the unfortunate individual had been previoualy ut,
occasby
leaving little doubt that he had, on some former
made an attempt upon his life. Nothing whatever
Wwas found
upon his person to lead to his identity,
=leas it ill are
1 scarf he had round his throat.

COURT OF COMMON PLEAS, Jan. 19.
weGIATRATION ATPEALS.--4AW4NS P. P4PiX4I3.
Mr. Cuosirrox appeared support of an appeal frorn South
Lancashire, against the decision of tint barrister that
reiriFed the list of voters for that division of the
county.. who had struck out certain votes, on the
groiiud tdiat they were sought to be obtained by a
francinie#t spacidOckue ,couvoyance of property. The
Learned uentieinan contended that such was not the case.
The property on which the Totea Were ionght tq be ghtained
had been conveyed bona tide to the parties, an 4. no fr 0.14
whatever was attempted or intended. Were the interpreta-
tion of glp Reform Act sought to be made by the revising
barrister to lioid gogd, which was to make fraudulent all con-
veyances made for obtaining ;votes? g most material narrow-
ing of the franchise would take plaCe, and the intention of the
Le&slature be defeated. Moreover, it would be carrying out
a priuciple that? under !similar circumstances as thoie
under which this property was conveyed, had never
been ruled in the courts of law, or maintained by
the highest legal authorities. The Learned Gentleman here
referred to s number of CAM and decision which bore out

the view of the question he had advanced. The twenty- ; The reply was, that when the defendant was first en-
sixth section of the Reform Act provided that the person ' gaged he receivt. d a weekly salary, but that afterwards,
seeking to be on the register for the county must be in the : in order to encourage zsal and activity, the complain-
receipt of the rents and profits of the freehold for at laast six
ants increased hi. 4 remuneration according to the quan-
months prior to being placed on the register. This was taken , tity
sold by him.
to ba evidence that the party enjoyed the property in his .
The LORD MAYOR said that such arrangements put an
own person, and was entitled to the benefit of the provisions ,
of this Act. This had been the case in the present instance. ! end ,to, the idea of prosecuting under the latter Act
Mr. ARNOLD appeared for the respondent. He said this ! aliu"c" to.
Mr. Pelham admitted that it was a fatal objection,
was a case of the highest importance, as at the present mo-
ment a great exertion was being made to place hundreds of but thought that, as the pure article was given to the de-
votes on the various registers throughout the country for feudant, and an adulteration, which had the effect of de-
political purposes. The decision of this would affect not stroying that article, had taken pl•sce, the case might
only a considerable number of votes in South Lancashire, but come under the Act for punishing wilful and malicious
in many other ports of the country. This was the first damege. The adulteration was as complete as could
time on which the question at issue had been raised
}live been effected on any other property, and the con-
sequence was the serious injury to a very excellent
legality this Court, and it was done now in order to settle the
legality or illegality of such votes. He maintained that the ,
e.
statute never contemplated that any such conveyances as the trade.
.. Good-
present should be held as legal or entitled to be the feunda-
The LORD MAYOR (having consulted with Mr
tion of votes. The Act expressly said, that conveying pro• man) said. he regretted much that he could not Interfere
perty for political purposes and the multiplying of votes was to punish so very palpable an act of delinquency.. No
bad, and that all votes derived therefrom must ba held as doubt whatever existed its to the gro-s adulteration of
null and void. In the present case the father had conveyed the milk. That the defendant had adulterated it for his
certain portions of property to his sons clearly with the in- own profit, and that the adulteration was calculated to
tention of making them voters; thus acting from political prejudice the trade, was likewise obvious, but, unfortu-
motives, and with the evident intention of multiplying votes. nate
wly,
itth the
hima
i.udefendant,r he who had, withthe arrangement
In such a case, not only by the statute but by common law, made had cea
ceased
dt
to
receive
iay as
a
property conveyed with the object of multiplying votes was .
fraudulent and bad. The Learned Gentleman here quoted a weekly servant, become :5 sort of partner, and thus
variety of decisions in common law, as well as interpretations escaved the punishieent he so well merited.
The
of the statute law by high legal authorities, in support of the
defendant who del not utter a word was then
,
badness of all conveyance made for the purpose of creating discharged, but not without receiving a sharp reproof
votes. • . from the Lord Mayer.
Mr. Ceomprore replied briefly to the arguments of the An eprl cation was made to the Lord Mayor for his
Learned Gentleman, who had endeavoured to lead their valuable assistance on behalf' of the widow and family. of
Lordships away from the real question by talking about a gentleman who had held fir muny years the important
public bodies seeking to create large numbers of votes. The public office of Chi.: Clerk ut Queen-square Felice-
present case had no connexion with any such bodies, if such court, hut whose death, after a few hours' Miles-, had
existed; it was simply that of some young men who wanted
to get votes, and who, not having left his widow and eight childr( n, the eldest of whom
the means
themselves, were assisted in that very laudable was •
under fount en years of age, in a state of poverty.
endeavour by their father. But the real point was The LORD MAYOR replied, that he was well acquaireed
about the conveyance. Now, in the present case, with the deceased gentleman, who was certainly a most
the property passed bona fide into the young men's bands; estimable public servant, and it would give him the
there was no reservation on behalt of the father: the convey- highest gratification to receive contributions for the
ance was unequivocal and complete. Now the statute, in widow and her large family. His Lordship suggested
speaking of fiaudulent votes, had only reference to convey- also that the friends of the family should endeavour to
ances in which there was 110 bona fide intention of passing the obtain admission for some of the children into one OT
property; but where conditions and reservations existed, by other of the valuable institutions with which the me-
which the holder was deprived of the full benefit of the pro-
tropelis abounded, and thought it net improbable, that,
perty. These were what were called parchment votes,
with
created by a nominal conveyance for the pur-, .
the aid of the public press, such an object might be
pose of multiplying votes, and were clearly illegal. But accomplished.
this could not apply to the present case, for though there was The following communication relative to Mr. Ady,
no denial that the object was to obtain votes, the property in who never fails to snarl at Sir Peter Laurie, to whose
which that advantage was sought to be obtained, fully and activity and perseverance he was indebted for his prose-
unreservedly passed into the hands of the appellants; so that cution and conviction at the Central Criminal Court,
fraud was not intended, or committed. It was a monstrous caused some amusement :
doctrine to affirm that because a man purchased, or had con-
veyed to him unreservedly, a freehold, in order
to be a voter, that therefore the act should be
decried fraudulent, and he should be disfranchised. In
conclusion, he maintained that in common law the proceed-
ings of the appellants was innocent and laudable, and that
the statute law in reference to fraudulent conveyances did
not apply to them. He submitted therefore that the deci-
sion of the revising barrister should be reversed.
Their Lordships reserved the decision.

BAIL COURT, Jan. 19.
(Sittings at Nisi Prius, before Mr. Justice WatiAats.)
TUCKER V. O'BRIEN
This was an action on a bill of exchange for the sum of
251., which the plaintiff' had received as from the defendant,
and the amount of which had never been paid.
No person appeared for the defence.
A witness was placed in the box, who declared that he
knew the defendant, and was acquainted with his hand-
writing. He saw him sign the bill on which the action was
brought. That person (pointing to an elderly man in the
body of the Court) is not the defendant.
A verdict for the amount claimed was about to be returned
when the person. indicated by the witness rose and said, I am
sorry to be obliged to defend this action, but I must do so
from the course they have pursued with me. A writ
was served upon my clerk at my office, and it was left with
him in spite of his assertion that the acceptor of the bill did
not reside there. I took no notice of it until I was served with
a notice of declaration, and in consequence of that notice I
went te the office at the Court of Queen's Bench, and ob-
tained an official copy and an affidavit of service, which
asserted that I had been served in person, thus being a
perjury.
Mr. Justice WILLIAMS said that the proceedings could
have no effect, as they had proved that he was not the
person upon whom the writs were intended to be served.
Applicant—Yes, but they have served all these papers at
my residence.
Mr. Justiee WILLIAMS—They have now said that you are
not the defendant.
Applicant—l have waited on theist at their office, and told
ais that I was not the plaintiff.
Mr. Justice WILLIAMS—You certainly were not the plain-
tiff.--(Laughter.)
Applicant—l beg pardon, I mean the defendant; I told
them that I was not the person, and that they should serve
no more papers on me, or that I would make public the per-
jury iu the affidavit of service.—(Laughter.)
Mr. Justice Wfwams—The moment these proceedings
affect you, you shall make a defence, and I hope it will be a
good one. You are not the defendant they refer to.
Applicant—How is that, when they continue to serve
papers on me?
Mr. Justice WiLuAms—Well, until they do affect you, I
would advise you to treat them with the utmost contempt.—
(Laughter.)
To the jury—Gentlemen, this action is against another
person, who is seen to accept the bill. The witness is
asked if this applicant is the person referred to, and he says
that he is not.
Applicant—They have served my clerk with a writ, and
have solemnly sworn that I am the person mentioned in
that writ.
A verdict for the plaintiff was returned—Damages, 251.
The applicant then left the Court, consoled in his retreat
by several apparently sincere assurances from some legal
gentlemen that he would be taken in execution, instead of
the real defendant, if he did not speedily employ legal as-
sistance.

LONDON SESSIONS.
F. I). LE VIS v. RATIIBONE.
TO THE EDITOR OF THE SUN.

_
SlR,—The report of the above trial in your journal
of the 12th inst. containing errors '.hick are calculated
materially to mislead the public mind, we beg the favour
of the following corrections:—The name of the plaintiff
is "Francis David Lewis —not "J. D." The amount
of the account against the Company was stated to be
4061. Os. 6d., out of which, in reply to an irrelevant
question from the defendant's counsel as to " the sum
be was out of pocket," Mr. Lewis stated about " three
hundred and fifty pounds,"—not 2501. as reported,
making an obvious difference of an additional 1001. in
his liability to the papers.
We have hitherto allowed these mis-statements to pass
unnoticed, but on finding the last mentioned error has
operated to our prejudice, we are compelled to seek for
this counter-statement equal publicity.
We are, Sir, your obedient servants,
LEWIS and LOWE.

GUILDFORD PETTY SESSIONS.

COLLISION ON THE SOU,TII7WESTERN RAILWAY.

•' Penrose, near thlston.

" My Lord Mayor,—Mr. My having sent me one of
his usual circulars. I was induced, by the circumstance
that my father had large sums in different stocks in the
Bank of England, to remit him a post-office order for 11.
The accompanying letter is the only information I re-
ceived. It is true that I am a subscriber to a railway
with which my property is much connected, and I am
also on the provisional committee ; but I do not want to
be informed by Mr. Ady of the provisions of the Ist and
2d Vie. c. 106, with which I am already well acquainted ;
and I, therefore, as I have told him, consider him as
having obtained my sovereign by false pretences.
" For the sake of thlse who suffer from his impositions,
I take the lilderty of sending this letter to your Lord-
ship. I have the honour to be, my Lord Mayor, your
most obedient servant,
" J. ROGERS."

In the letter was enclosed a lithographed copy of
" An Act to make good certain contracts which have
been or may be entered into by certain banking and
other copartnerships," and on the back of the Act were
the following pieces of information:—
" Page 114, Railway list of subscribers, published,
1845, by order of Parliament.
" John Rogers, Clerk, Penrose, 4,5001"
"Mr. Rogers—By these two Acts of Parliament, and
the memorial to the Secretary of State, you may per-
ceive the practice of the manager of your company,
of admitting clergymen into partnership, is not only
unlawful but highly dangerous, leading to the miserable
situation of the Union Bank of London, where 700 gen-
tleme•n are in daily risk of being declared outlaws and
rebels. Save himself who can.
" I advise you to sell out immediately, and to be quit
of such unlawful concerns.—Respectfully.
" JOSEPH ADY,

" A housekeeper 40 years, and known to the Right
Hon. Sir Peter Laurie, Deputy Lord Mayor; and by all
the worthy Aldermen of London, and every banker in
the kingdom."

On Saturday, James Orei, late a guard on the South-
Western Railway, appeared before the Earl of Lovelace,
Chairman, and a full bench of magistrates, at Guildford, to
answer to an information preferred against him by Mr. J. B.
Dalby, the superintendent of police on the South-Western
Railway, charging him with misconduct while in the Com-
pany's employment.
The information was laid under the 10th clause in Lord
Seymour's Act, which imposes a penalty not exceeding 10/.,
or two months' imprisonment, on any person convicted of
wilfully or negligently doing, or neglecting to do, any act
by which the life or limb of any person travelling by rail-
way may be in danger, and the evidence adduced established
that on the night of Wednesday, the 24th ult., the defendant.,
who, was in charge of one of the up luggage trains, ar-
rived at the Woking station at ten o'clock at night, when
he was informed that the down mail train was over due;
he, however, in his anxiety to get to town, ordered the
pointsman to shift the points, PO as to enable him to shunt
two waggons which he had brought from Southampton, and
place them in the proper sidelings. While in the act of
shunting the waggons, the mail train appeared in sight, and
though the usual signal was hoisted, the distance was too
short to prevent a collision, and the engine struck one of the
waggons and shattered it to pieces.
The defendant having been called on for his defence, de-
clared he had not intended to do the slightest injury,. and
that there was abundant time to get the waggons out of the
the way without accident, if the engineer had used sufficient
exertion on his part. lie also said that he had run con-
siderable risk himself, in his endeavour to prevent a collision,
and had been knocked down by the accident.
From the questions of the Noble Chairman and the ma-
gistrates on the bench, it appeared that it was the duty of
the defendant to have taken the opinion of Mr. Miller, the
agent of the company residing at the station, before he gave
orders to the pointsman ; and that, in fact, Mr. Miller was
the proper officer to give any orders on the subject.
The BExcikin consideration of the defendant's unimpeach-
able character for seven years while in the Company's em-
ployment, mitigated the penalty to 31., which the defendant
paid, and was discharged.

EXTENSIVE FORGE itIES IN
HULL

The serious case of forgery which lately transpired in
Hull has undergone a rigid investigation, which has termi-
nated in the committal for trial of two brothers, Benjamin
and Edwin Adamson, the former landlord of the Durham
Ox, in that town, and the latter a junior clerk in the service
of Messrs. Brownlow, Pearson, and Co., steam-packet pro-
prietors; and also of Hugh Doran, another junior clerk in
the same employ. Edward Adamson is charged with forg-
ing the body of twenty cheques, upon Messrs Pease and
Liddell's bank, from the 11th of May, 1844, to December
19th, 1845, for sums ranging from 301. to 3001., and of the
united value of 2,3791. 15s ,—and of course average upwards
of 1101. each. The whole of the cheques have been cashed,
and charged to Messrs. Brownlow, Pearson. and Co., who are
sufferers to that amount. Benjamin Adamson is charged
with forging the indorsements upon the first forged cheque
(for 301.) and two others. Doran is charged with forging
the indorsement upon s cheque dated Nov. 12, 1845, for 125/.
The police are in search of Thomas Adamson, landlord of
the Marfleet New Inn, brother of the above, suspected of
being largely concerned in these transactions, and who took
flight on the apprehension of his younger brother The pri-
soner Edwin Adamson acknowledges his guilt, and implicates
his brother Thomas and Doran as his only accomplices.
Benjamin Adamson has been admitted to bail in 800/. ; the
bail proposed for Doran (viz., his father, who is a publican
in Blackfriargate, and another publican in the same street)
have been rejected. The magistrates positively refuse bail
for Edwin. The proceedings before the magistrates disclose
to what a fearful extent allotments of shares in projected
railways have been made to junior clerks, and make it certain
that they have had transactions in the purchase of scrip also
to an exorbitant amount for their station. The youth Doran
appears to have set his father up in the public house busi-
ness, and appears to have been dealing very extensively in
scrip, although his salary was only 12s. a-week.—Yorkshire
Gazette.

POLICE INTELLIGEN CE.
MANSION-HOUSE.
METROPOLIS MILK —A man, named John Taylor,
was brought before the Lord Mayor yesterday, upon
the charge of having adulterated the milk in which his
employers dealt.
Mr. Pelham, who appeared for the complainants,
Messrs. Socket and Roberts, extensive dairymen and
dealers in milk, stated that the subject was one in which
the whole community was interested. The complain-
ants employed a
round with milk received from Ilford and parts of Cum-
great number of men, whom they sent
berland to a vast number of customersabout town. They
found that some of the servants were in the habit of
adulterating the milk, which was deposited for the more
complete security against fraud, or plunder by servants,
in the sealed cans. Anxious that their character as
dairymen shonld not suffer, and having heard serious
complaints of the quality of the articles in which they
dealt, they set persons to watch the movements of the
servants of the concern, and the defendant was observed
to go to a house in Swan-lane, Tower-hill, and to return
with a large additional quantity of what was called milk,
but which deserved the name of chalk and water, or some
more mischievous or disgusting compound. When the
defendant found that he was detected, he capsized the
cans into the streets, but a small quantity, of the contents
was saved in the bottom, and the Lord Mayor would see
that any other designation would be more applicable to
the commodity, and that it was no longer matter of sur-
prise that the trade was falling off. It was found, also,
that the defendant had received 18s. Bd. from a Mrs.
r34'44r for P4ilk, for which the complainants had no
Judgini from
ac-
count whatever. vilAt 104 been already
ascertained, it was evident the complainaniA were riGticris
to a serious extent, for of forty quarts per diem, the
quantity disposed of upon the average by the defendant,
he must have made at any rate eighty, thus doubling the
44t reducing the respectable customers, and de-
grading t 6 character of this employers. The complain-
ants were indifferent as to the 'course of pt4ceedint; his
Lordship
might suggest in this case, whether it would
be prudent to charge the defendant under the Malicious
Damage Act, or the 4th of Geo. IV., for enlarging the
powers of justices of the peace on hearing complaints
. ,
between masters and servants.
The LORD MAYOR asked the complainants whether
the defendant had a weekly salary?