The Sun.
London, England, 1846-11-06 00:00:00

he (Boddington) should deposit hops, of the value of
2,0001. and upwards, to indemnify Mr. Hole against loss.
Potter stated that he was at first unwilling to accede to
the proposition, but that he ultimately consented, and
deposited them on the following Monday, when
they were taken possession of by Mr. Hole.
Immediately after Boddington wrote to a per-
son at Worcester, from whom ho was in the
habit of purchasing hops, and to other creditors, all of
whom came to Manchester, where they had several
meetings, the result of which was, that a fiat of bank-
ruptcy was issued on the 25th May, and a messenger of
the Court of Bankruptcy forcibly took possession of the
ath theop times.lhe bofandkerpuopstitisntgatetdh,e ohnoopasthh,o
daitdthneottrial, that
contem-
plate an act of bankruptcy, and that he had ample pro-
perty, he believed, to pay twenty shillings in the pound ;
that the proposition did not originate with him, but with
his brother, and negatived anything like fraud in the
business. He (plaintiff) sought to recover what he believed
himself legally entitled to. Now he (Mr. Martin) con-
tended that the deposit of the hops was not a fraudulent
deposit under the bankrupt laws, and that the defend-
ants, who were the assignees of the bankrupt, and
whose duties did not commence until the 25th of May,
had no right to seize for the benefit of the creditors.
Neither was there any proof of fraudulent preference;
in fact, the defendants, on whom the onus of proof lay,
did not attempt to show any. But Mr. Justice Little-
dale, in giving judgment in the case of Mor-
gan v. Blunt, 5 Barnewall and Adolphus,
p. 289, stated, in order to show fraudulent
preference it was necessary to prove that the deposit
was voluntary, and in contemplation of bankruptcy.
There was no direct evidence of this kind adduced, and
he made an objection on this point at the trial, but it
appeared by the 90th section of the Bankruptcy Act that
assignees were not bound to do so,
Mr. Justice ERIE inquired if there was any evidence
at the trial to show that Boddington was in a condition
to pay 20s. in the pound?
Mr. MARTIN said there was no direct evidence on the
subject, but it appeared that hops fell shortly after the
transaction, and subsequently rose again, but there was
nothing to show that he could not do so. He could have
raised the money on the hops at the time by selling
them, but he wished to keep them until the price im-
proved. This was not like the act of an insolvent.
Then he held that the misdirection consisted in the
Learned Judge stating that the act was an adverse one,
inasmuch as it appeared that the deposit was involuntary.
Lord DENMAN said he would consult the Learned
Judge who tried the case.
PICEFORD LACON.—TAKING PLACES IN A COACH.
This case was tried in the Bail Court on Tuesday last,
before Mr. Justice Patteson, when a verdict was found
for the plaintiff on the first and second counts, with the
leave of the Learned Judge to move for a rule to show
cause why the verdict should not be entered for the
plaintiff upon the first count, with 31. 4s. damages, or
upon the second count, with 16s. or 17s. damages. The
application turned entirely upon the finding of the jury.
The plaintiff is proprietor of a coach running between
Yarmouth and London, and the defendant applied to
have three places reserved for him in the coach—one in-
side and two out—for which he paid a deposit of a guinea,
but had refused to pay three guineas more, the
cost of the three places being 41. 4s. The pleas
set forth, first, the general issue ; secondly, that the
plaintiff did not reserve for the defendant and other
persons the seats they required, and that the plaintiff
was not ready and willing to convey the defendant and
other passengers; there was also a plea of payment.
he places were taken on the 16th of June, and the
next day the defendant took his seat on the box, his
maid-servant at the back, and Mrs. Lacon
inside. At Benton, some miles from Yarmouth,
several little girls were placed on the coach, and at Yox-
ford, thirty miles from Yarmouth, the defendant and his
wife left the coach, declining to proceed any further.
They left the servant behind and
_proceeded themselves
in a post-chaise to London. It could not be said that
the plaintiff did not fulfil his contract; the seats were re-
served, and the parties were not subjected to any more
of the inconveniences than generally attended a journey
in a coach.

Sanders (the person to whom the goods were sent), and
endeavour to get his money for him ; at the same time,
he stated that he was not to be considered responsible for
the goods, as he had not ordered them. Notwithstanding
this statement, the plaintiff still continued to supply the
goods down to the following year, and for which they
also sent in their account to plaintiff. It also appeared
upon the trial, that a clerk in the employ of the plaintiff
stated, that the goods were booked in the name of
Sanders, the party to whom the goods were sent, and
that in keeping the books the goods were always entered
in the name of the person to whom the goods were sent,
and not in the name of the party who had ordered them,
and it appeared that there was no evidence whatever to
prove the liability of the defendant.
BARNET V. SOUTRWELL.
In this cause, which was tried before the Lord Chief
Baron, in the city of London, and in which a verdict
was given for the defendant, Mr. CROWDER, 011 the part
of the plaintiff, moved for a rule to show cause why a
new trial should not be had, upon the grounds of mis-
direction. The plaintiff was a printer and stationer, and
sought to recover from the defendant, whose, name ap-
peared as a provisional committeeman on the Direct
Louden and Dublin Railway, for supplying stationary
and printing to the order of the secretary of the above
company. The evidence given to Ex the defendant
with the liability was a letter, which was put
in, written by a brother of the defendant's to a person of
the name of Collins, in answer to a letter written by the
latter to him, but which was not produced at the trial,
although notice to produce it had been served upon the
parties, in which the writer acknowledged the receipt
of the letter from Collins, and stated that he had for-
warded the letter to his brother, and that they would be
happy to co-operate with him, or lend him any assist-
ance in the formation of a company, which lay in their
power ; and further stated, " You may use my name and
the name of my brother in your prospectus." Upon the
receipt of this letter, the name of defendant was accord-
ingly printed among the list of the provisional commit-
tee. The Lord Chief Justice held that no proof was
given of the defendant's agreement to act upon the com-
mittee, nor any authority from him to any person to use
his name, and a verdict was Accordingly returned for the
defendant.—Rule refused.
SALISBURY AND LBAMINGTON JUNCTION RAILWAY

with wilfully smashing several panes of glass in a trades-
man's shop window.
It appeared a lodger in the complainant's house, meet-
ing with the defendant in the Kent-road, invited her to
accompany him home to supper. He then opened the
door with a latch-key, and was proceeding up stairs to
his apartment with his new acquaintance, when the
landlord, hearing footsteps on the stairs, went out and
insisted on the prisoner's expulsion. The prisoner,
irritated at being treated with such incivility, on getting
into the street. sent a shower of gravel and small stones
at the windows, and smashed several panes of glass.
The prisouer expressed her sorrow at having broken
the windows, and said that she had been out for a holi-
day, she was tired, and that meeting with the com-
spulapipnearn,t's
wheniod g e
sher swh ea s ascoc oumn
cpearneime do n
ihoiums
yt ot h
rhuasvteo suotmoef
the house.

Mr. SEMLER said she had acted with great folly in
availing herself of the invitation of an utter stranger.
She must pay for the wilful damage or be committed.

WORSHIP-STREET.-(THIS DAY.)
This morning, a whole host of juveniles were brought
to this office, charged with letting off fireworks in the
public thoroughfares. Among the rest was a lad
named Frederick Dalton, thirteen years of age, who, it
appeared, when cautioned by the police•constable, was
urged on to the continuation of the nuisance by his
mother ; and one of the squibs which he afterwards let
off struck the constable upon the side of his face. He
then took him into custody. He was fined ss.
James Hillingsworth, a mechanic, was charged by
William Butler, an officer employed at the Britannia
Saloon, with creating a disturbance and attempting to
defraud the proprietors thereof.
Butler stated that last evening the prisoner came to
the saloon and paid 3J. for his entrance into the pit.
Here he became very obnoxious, and at length clam-
bered over a railing five feet high, and which separated
the pit from a more expensive part of the house. The
prisoner, who had before been repeatedly cautioned,
was now forced from the theatre, and given into custody.
The prisoner, who begged hard for forgiveness, was
mulct in the penalty of ss.

BANKS V. .
This action was tried beforeGOOD the Lord Chief Baron,
and a verdict was returned for the defendant. The
plaintiff, it appeared, was an advertising agent, and the
defendant a gentleman residing in the Isle of Wight,
whose name appeared among the list of the provisional
committee of the Salisbury and Leamington Junction
Railway. It appeared from the evidence given at
the trial, that the company was registered en the
sth of September, 1845, and it was not till the month of
October following that the name of the defendant appeared
as one of the provisional committee, and that up to
that period all the expenses had been paid by Mr.
Wheal, the solicitor, who got up the company, who had
also during that period employed the plaintiff. It fur-
ther appeared that a person of the name of Downes was
employed by the solicitor to collect names to form a
provisional committee. The name ;of Downes also ap-
peared on the list, but an indemnity was, however,
given to him by the solicitor. He applied
to the defendant for authority to insert his
name in the list of the provisional committee, which
was granted. He had, however, never attended any
meetings of the committee, nor taken any part in the
management of the affairs of the company.
Mr. GODSON now moved for a new trial, on the ground
of misdirection, and contended that the Lord Chief
Baron, in leaving the case with the jury, ought not to
have left them to decide upon the legal point as to
whether a party, who had authorised his name to be used
as a provisional committeeman, was or was not liable.
The LORD CHIEF BARON said that he had a very
strong opinion upon the case, andas
perfectlyconsi eredrigthhatt
atnhde
pverordpiecrt._aßs
uglieverenfubsyed.the jury w

SALES OF RAILWAY SHARES BY
AUCTION.—(THIS DAY.)
At the sale of railway shares, today, at Messrs.
Lamond and Co.'s, prices were pretty steady, and a fair
business was done. The following are a few of the
principal sales :
Armagh, Coleraine, and Portrush ......... £0 6 0
East Indian ...
Shropshire Union and Canal
London and York (scrip) 2 2 0
Namur and Leige 3 12 0
Cornwall and Devon Central
London and Manchester (Remington's) 0 9 6
Leicester and Bedford
North British, Halves ti........... 16 15 0
Caledonian, Halves.
York and Carlisle ....
Manchester and Southampton, 1847 1 2 6
Taw Vale Extension and Dock .. 0 18 6
Boston, Stamford, andßirminghara (scrip) 0 19 6
Exeter, Yeovil, and Dorset 3 5 0
Direct Bombay and Madrrs 0 15 6
Leicester and Bedford
Great Luxembourg

REGENT'S CANAL COMPANY.
(THIS DAY.)
A general meeting of the proprietors in this company
was held to day at the offices of the company, City-road
Basin, to consider the advisability of forming a railway
on the banks of the canal, from Paddington to Limehouse.
J. E. D. BETHUNE, Esq., was called to the chair, who
read the report to the meeting, the substance of which
was that the proposed line, which is to run on the
northern side of the canal, would be 8 miles 7 furlongs
and 3 chains, with a further branch of 1 mile and 6
furlongs, the whole estimated cost for the main line being
640,0001., and that for the branch to Limehouse 45,0001.,
making the total cost of the line 685,0001.
After reading the report,
The CHAIRMAN stated that in consequence of the Par-
liamentary Commissioners for central termini having re-
ported unfavourably to the formation of a central ter-
minus, it struck the deputy-chairman and himself that
in that report there was an intimation to the
Regent's Canal Company to secure to them-
selves the right of carrying all the goods
from the outskirts of the metropolis to the Thames.
They had accordingly consulted Mr. Radford, their own
engineer, and the result was, the employment of Mr.
Bendel' as the engineer for constructing a line of rail-
way along the banks of their canal. A meeting was
called on the 20th of September, invitations to which
had been sent to the shareholders, at which the repre-
sentatives of 4,000 shares were present, and a report
recommending the immediate application to Parliament
for powers to make the railway was submitted to them.
Yesterday he bad had an interview with the head of the
Commissioners of the Woods and Forest, not for the
sake of inducing his Lordship to become a party to
their plan, but to express a desire that his Lordship
should not commit himself to any other party. To this
Lord Morpeth very readily acceded ; and he hoped that
the Government would support his project, by which all
the advantages, without any of the disadvantages, of
a central terminus would be effected. lie concluded
by moving the adoption of the report.
Mr. G TEEN seconded the resolution.
Mr. ROBINSON inquired on what principle the pro-
perty of the railway was to be apportioned? as he con-
ceived that many of the present proprietors of the canal
would be unwilling to take shares in the railway.
The CHAIRMAN replied, that it was proposed, in the
first place, to mortgage the whole pro!,erty of the canal
for 500,000/, and to raise the remainder by Vie issue of
new shares, which were, in the first place, to be allotted
to the whole of the shareholders, and in the event of
any being declined, to allot the shares of the decliners
to those parties who had already taken the new shares;;
then, in the further event of any shares remaining on
hand, they were to be thrown into the general share
market. But he should remark that the act of this
meeting would be a corporate act.
To further inquiries of Mr. RourNsorr, as to the power
of compelling unwilling shareholders,
The CHAIRMAN replied that there was already a power
under the Act of the Company to raise 277,0001. further
capital, and, in fact, to make a railway already, for the
Act gave them authority to pass over their route by any
other means than a canal; to erect steam-engines, to
form inclined planes, or to constitute any other facilities
that the Company might deem advisable. He should
observe that arrangements had been made to prevent
the preliminary expenses from coming to more than 255.
a share.

HIS DAY.)
COMMON
(PsiLttiEngAS 7 s
in Banco.)
BARKER U. STEAD.
Mr. Sergeant CHANNEL moved for a rule to show
cause why the verdict in this case should not be set
aside, and a nonsuit entered, or a new trial granted, on
the ground that the verdict was against evidence, or that
the evidence was not sufficient to warrant the verdict.
The action was brought by Mr. Barker, the advertising
agent, against Mr. Stead, a provisional director :of the
Eastern and Northern Counties Junction Railway Com-
pany. The case was:tried at the last Maidstone Assizes,
and a verdict given for the plaintiff for 500 L The
sum sought to be recovered was 9101. 92. The sum was
reduced to 5001., on the ground, that admitting the lia-
bility of the defendant, there was no evidence that any
of the debt had been contracted before the 2d of October.
It was also alleged that too many advertisements had
been inserted. The railway in question was projected
by a Mr. Morris, who appointed a Mr. Wright as secre-
tary. Wright wrote to Mr. James Stead, Bradford, to be-
come a provisional committeeman. That letter was
proved to have been posted. The Manager of the York-
shire Bulking Company deposed that there were two
James Steads in Bradford. A letter, assenting to Wright's
application, was produced, though it was not shown that
the defendant was the James Stead in question. In the
defence it was averred that the provisional com-
mittee did not meet till the 27th of October, 1845; and
on that day the managing committee was appointed.
Early in November the scheme was abandoned. Mr.
Stead had never attended any of the meetings held in
the meantime. On the slight and inconclusive evidence,
therefore, of the letter sent to Mr. Stead, and his
answer, with the statement of Mr. Duckett, the manager
of the banking company, was the verdict returned.
Rule granted.
?ARRATT V. BLUNT AND CORNFOOT—THE SOUTHERN AND
EASTERN, AND NORTHERN JAMAICA RAILWAY.
Mr. HUMPHREY moved for a rule to set aside the ver-
diet in this case, and nonsuit the plaintiff; or for a new
trial.

The ATTORNEY-GENERAL said he was in the case at
the trial, and had some recollection of an infant—fre-
quently no pleasant companion in a long journey—being
a passenger by the coach.--(Laughter.)
Mr. WerrsoN said a young child could not have taken
up much room, and considered that no breach of contract
could be charged on that ground.
Lord DENMAN inquired how many persons altogether
were in the coach ?

Mr. WATSON said fifteen, thirteen being the number
they were licensed to carry ; but then the majority were
young children, who did not occupy anything like the
room of adults. The lady inside had her full 16 inches
of room, in accordance with the Act of Parliament.
Lord DEN➢fAN said—Then in point of fact, according
to the view of the Learned Counsel, the license was to
be measured by the extent of the bodies of the pas-
seng,ers.—*(Laughter.) If the plaintiff was licensed to
carry thirteen, and carried forty instead, the defendant
and his friends were not bound to go by his coach.
Mr. WATSON also held that the defendant was bound
to pay for the journey to Yoxford, and for the journey of
tho servant to London.

Lord DENMAN said it was possible that by taking the
defendant to Yoxford ho was placed in a worse position
with respect to getting to London than if he had not
left Yarmouth.

The application was acceded to with respect to the
first count.

BAIL COURT.—(THIS DAY.)
(Sittings in Banco. before Mr. Justice PATTESON.)
EXPARTE HENRY EDWARDS.
Mr. PETERSDORF moved for leave to exhibit articles
of peace on the part of Henry Edwards against Joseph
Crawford. The parties were rival omnibus drivers, the
exhibitant being driver of one of the twopenny omni-
buses.

Mr. Justice PATTESON thought the fears of the exhi-
bitant were not sufficiently grounded, and refused the
application.

This was another action brought by Mr. Parratt, an
advertising agent, against two of the provisional direc-
tors of the Southern, .liaqern, and Northern Jamaica
Railway Company, for advertisements inserted in
the papers between the 9th and 25th of September,
1845. The verdict was for the plaintiff,
damages
6001 It was tried at the last sittings after term in
Middlesex, before Mr. Justice Coltman. He submitted
that there was no evidence against Blunt to justify the
verdict, and very slight evidence indeed against Corn-
foot. The defendants attended but one meeting, on the
Ist of December—the first meeting ever held and
about the same time they intimated in writing to the
secretary that they retired from the concern.
Rule to show cause granted.
(Sittings at Nisi Prins, in Middlesex, before Mr. Justice
CRESSWELL.)
APPS V. REID AND OTIIERS.
The Court was occupied all the morning with this
case, which is an action brought by Mr. Apps, a gentle-
man residing in Blackfriars-road, against Reid and Co.,
brewers, to recover damages for an accident occasioned
to the plaintiff, arising
from one of their drays coming
in contact with his gig, and overturning it, while passing
down Liquorpond street.
The defence was that the accident arose from the
carelessness of the plaintiff.
Verdict for the plaintiff—Damages, 31. 108*
PanitATT V. DENNASIT.-- RAILWAY ADVERTISEMENT
ACCOUNT.
This was an action to recover the expense of insert-
ing advertisements in several London and provincial
newspapers. The plaintiff was an advertising agent, and
the defendant a provisional director of a railway com-
pany. The case was tried at the last Warwick assizes,
before Mr. Justice Patteson, and a verdict
given for
the plaintiff for 1,1001. The claim made was 1,6001.
Mr. WHITEHURST now moved for a rule to enter a non-
suit, on the ground that there was no material evi-
dence adduced at Warwick. The defendant on
the trial pleaded non-assumpsit, and paid. The venue
was removed to Warwick on the plaintiff's allegation
that there existed material evidence there. This point
the defendant denied. Among other papers, an adver-
tisement appeared in a Warwick
paper, and this was
the material evidence returned. He submitted this was
not material evidence.—Bale refused.
READ V. DENDERSON.—THE WOOD PAVEMENT. •
Mr. Sergeant BYLES moved for a new trial on the
grounds of misdirection and that the verdict was against
evidence. The action, which was for an alleged in-
fringement of a patent for constructing wood-blocks for
paving, was tried at the last Surrey assizes, before Mr.
Baron Parke, and a verdict was given for the defendant.
The COURT refused the rule.

THE QUEEN V. DURANT.
Mr. WARREN applied for a writ of certiorari to
bring up an indictment for an assault from the Clerken-
well Session to this Court. The circumstances out, of
which the indictment arose were of a very peculiar
nature, and would give rise to various questions in law,
and would raise the question as to the right of the de-
ponent to enter the offices to inspect the books of a cer-
tain company until the sum of 7,500/. was paid. The
bill of indictment charged the offence to have been com.
mated on the 10th of July, 1846, but the prosecutor had
taken no steps in the matter until the present time.
Mr. Justice PATTESON granted a rule nisi, in case the
offence was a felony, and a rule absolute, in case it should ,
be only a misdemeanour.

THE QUEEN V. THE COMMISSIONERS OF SEWERS FOR THE

In reply to other inquiries, the CHAIRMAN stated that
preliminary operations had been already commenced,
and had been in progress since July. It was
intended to retain the present waterway complete in
all its parts, all the wharfs, all the basins,
and other property, with the slight exception of a little
alteration needed by the line. The railway and canal
were to be conducted by the same directory, and were
indeed, to all intents and purposes, an identical pro-
perty, and in the event of the proprietors being unable
to raise the 685,000/, the Act of Parliament would
become a dead letter, but that he did not apprehend.
He further observed, that the whole of the preliminary
expenses would, after this meeting, be Fayable out of
the corporate funds.

CITY OF WESTMINSTER.
Mr CROWDER, Q.C., applied for a rule to show cause
why a writ of certiorari should not issue to remove a cer-
tain presentment, made in the Court of the Commis-
sioners of Sewers for the City of Westminster, into the
jurisdiction of this Court.
It appeared, that at a Court held by the Commis-
sioners of Sewers, in Westminster, an order was made
upon Wm. Kennaird Jenkins, to construct certain sewers
upon his own property. As Mr. Jenkins did not fulfil
their directions, the Court imposed a fine of 3,0001. on
him. Mr. Jenkins applied to have the cause removed
into this Court, as he co :tended that the Court of Com-
missioners of Sewers had no right to interfere with his
private property. The case was one of the utmost im-
portance, and would furnish a precedent for many other
cases.

The report was then adopted, with only two dissen-
tients. Resolutions founded on it were passed, thanks
were voted to the Chairman, and the meeting separated.

Mr. Justice PATTESON—I suppose the case must be
"ully argued.—Take a rule nisi.

SOUTH WALES RAILWAY.
(Tins DAY.)

EXCHEQUER.-(THIS DAY.)
(Sittings in Banco.)
SAMUEL V. ROBINSON.
_ .

A special general meeting of the shareholders in this
undertaking! was held this afternoon, at the offices of the
company, in West Strand, for the purpose of considering
the propriety of leasing the line to the Great Western
Company.
Mr. Louis Vigurs, the deputy-chairman of the com-
pany, presided.
The report stated that it was proposed to lease the
line for five years, at 5 per cent. on the paid-up capital,
and for five years more, at .; per cent. and half the surplus
profits, with the option of amalgamating with the Great
Western Company after that period.
The heads of the agreement having been read,
Mr. ROACH took exception to several of the clauses,
and complained of their not being so simply worded as t•
be intelligible. In the first place, he thought the ad-
vantages of the arrangement preponderated in favour of
the Great Western Company, who, for every 200 shares,
would be entitled to 100 votes, hile the shareholders
of the South Wales would only have 38 for the same
number. It would have been more satisfactory to the
shareholders generally had the Great Western Com-
pany liberally proposed to lease the line at 7 or 8 per
cent. rather than offer them a complicated and wordy
agreement, which required the mind of a lawyer to com-
prehend.—(Hear, hear.) He decidedly objected to the
basis upon which the amalgamation was to take place
at the expiration of ten years, because their line would
only have been in working existence that period, while
the Great Western would have been in operation some
18 or 20 years.—(Hear, hear.)
The CHAIRMAN said he could remove the latter ob-
jection, by simply stating that the directors, after the
agreement had been confirmed, would submit a resolu-
tion to the meeting, authorising them to negotiate for
expunging the clause respecting the amalgamation, and
,amending the assignment, by making it a lease in per-
petuity.
Mr. SMITH had no doubt but that the line would pay
ten per cent., for, independently of the local trade, there
would be traffic enough coming from the south of Ireland
to make up 6of the 9 per cent. He thought, therefore,
that the Great Western Company ought to have dealt
more liberally with them.—(Hear, hear.)
Mr. T. WILKINSON thought it would be more for
their interests to accept a lower rate of interest, with
an early participation in the division of prospective
profits.—(Hear, hear.) As the arrangement stood now
it would probably be eight years, calculating the works
to occupy three, before they would participate in the
surplus profits, and in the meanwhile they would have
to be cofltent with a common rate of interest.—(Hear.)
The CHAIRMAN said they had duly considered all
these matters, and, in the present state of the money-
market, and the prospect of railway profits
being shortly redueed, they were of opinion that
the arrangement they had come to was the
best for the interest of the shareholders. They
had had to deal with two classes, the speculative
and those who embarked their money in railways for the
purpose of permanent investment. The amendment he
had mentioned, of a lease in perpetuity, would insure
their shares being taken up by the latter class.
A resolution, confirming and approving of the agree-
ment, was then put from the chair, and carried una-
nimously.
The CHAIRMAN then proposed a second resolution,
empowering the directors to take the necessary steps to
amend the clause relating to the amalgamation, or suL-
stituting one making the lease a lease in perpetuity in its
stead.

London,rreturned
f or
oetfu
1. 9s. Bd.
before ln t htihsec cause, which
Chief
fh
Baron,
nt
,r tried dv
verdict
itehtewcai tsyr
GE RAL DOW moved for a new trial,
grounds:—lt appeared that the action
• on the following
Lyon Samuel against the defend-
brought by a Mr..
! theTphloaiAnTtiTffofßoNrutyh-e sum of 81
was
be due from the defendant on the sal•
money, alleged to
ordered to sell by the plain-
tiff he was
of some plate which . ant, who was an auctioneer, to recover a certain sum of
• plate in question, which co
which plaintiff had
.Regent-street,
a silversmith in
as well as other pro-
perty, of the sale,
tiff for him. It appearedntshisatteddpuarrintlgy tohfetshaelestooef
stock of
bought for the pure
for some of the plate,
nameP of Makellar was bidding
him, for the
and the plaintiff was also biddingrioeof againstthe
goods. It turned
of running up the p
erty, also belonging to the plaintiff, a person of the
purpose
that consequently the
for the goods was a madman,b
goods were not taken y him, and the goods were, by
out, however, that the gentleman who had been bidding
order of the plaintiff, put up
sale. The action was, therefore,
f the difference for
from the defendant, the amount o
second time of sale.
realised a considerably less sumagain for sale, when they
thharnonugphotntothreeeofivresrt
which the plate was sold upon the
customary for auctioneers in such case
was one, who
_
It was contended on the part of the plsaitnotiffmtahkaet intpwthae
deficiency, and among the witnesses calleds
sold
said that if an auctioneer were to sell annoestttaotehfeorthe
sum of 100,0001., and the purchase was
for the
com-
pleted, and if the estate were again to be
tsoumbe made°fso, up by theooo/.,thelosasneutpi
oonnetehrehsiemcoself.ud sale would have
could not be binding upon any parties, whatever
might
be the usages of the trade.—Rule granted.
RICHARDSON V DOYLE.
In this cause, which was tried before the Lord Chief
Baron at this court, a verdict was returned for the plain-
tiff, with the sum of 47/. ss. 2d.
The ATTORNEY-GENERAL now moved for a rule to
spew cause why the verdict should not be set aside, and a
new trial had on the following grounds:—lt appeared
that the plaintiff was a stationer, residing on Ludgate-
hill. The defendant was a member of the bar, and was
also connected with the Morning Chronicle newspaper ;
and this action was brought to recover a sum of
money alleged to be due to the plaintiff from
defendant leaded "
the defendant for
goods sold and delivered. The
given in the
non-assumpsit." The evidence
case was that a gentleman in India,
the proprietor of the Agra diuhbar, an Indian newspaper,
had requested to have certain periodicals sent out from
time to time to him in India. Defendant called upon
Richardson the plaintiff, and having showed him the
bottom of a letter which he had received from India,
containing a list of periodicals which he required, and, at
the same time, asked him if he (Richardson) knew the
paper. The articles named in the letter were subse-
ysobiflolrworaridnevdoicteo
India
quently sent out to India ; they were not sent to
ILI any
daianyuntitmilesosemnet
to.
him
mhad elapsed, when plaintiff sent in an account to
time
defendant for the goods so delivered. Defendant said he
defendant, nor nthoer
was sorry thcat be had not been pad, he would write to ,

PALACE COUt(rrHIS DAY).
(Before B. BRENT, Esq.)
WRIGHT v. PRATT.
M. KEYSER stated the case. This was an action to
recover the sum of 5/., the balance of a bill of exchange
accepted by the defendant. Unfortunately the bill was
not in Court, but it had been set forth in the declaration,
and the defendant, by not pleading, had admitted his
liability.
The Learned JUDGE said, perhaps that rule had been
laid down, but it would be much more satisfactory to the
jury for the bill to be produced, and it had better be
sent for.

Mr. KEYSER said he was afraid it had been mislaid,
and it was only incurring extra expense to make an
affidavit.
The attorney said no doubt the bill would be found
before execution issued. It was a bill payable by instal-
ments, and there was only one instalment due.
The Learned JUDGE said that he would let the case
go to the jury, but the bill must be produced before
taxing costs.
The attorney said they might never find it, but an
affidavit should be made.
The Learned JUDGE then addressed the jury, and said
that in all cases be wished the bill produced for the
satisfaction of the jury, though as the defendant had not
pleaded, there was no immediate necessity fur the pro-
duction.
The jury gave a verdict fur the amount claimed.

SOUTHWARK.—(THIS
DAY.)
Themes Riley, a well dressed young man, was brought
before Mr. Seeker, charged 1. ith assaulting police-con-
stable Lewis while in the execution of his duty.
The policeman stated that last evening he was on
duty at the entrance at the Surrey Theatre, when he
perceived the defendant annoying parties who were en-
tering the house. He requested him to desist. Finding
that he still carried on his system of annoyance, he
took him by the arm for the purpose of removing him,
when he suddenly turned round and struck him in the
sfatitceConli-heoutshe.
then,
The prisoner, in defence, said that he was intoxicated
at the time. with some difficulty, took him to the
Mr. SEcxEn said the plea of intoxication was no ex-
tenuation, and that he must pay a fine of 10s.
He was then committed in default of paying the penalty.
Margara Cunningham, a young female, Was charged ,

THE SUN, LONDON, FRIDAY EVENING,
.NOVEMBER 6, 1846.

A PROPRIETOR wished the arrangement to be
amended in another respect, namely, that the surplus
profits should be divided immediately on the opening of
the line,
The CHAIRMAN said the Great Western Company had
been asked to make that alteration, but they declined
doing so.
In answer to another question,
The CHAIRMAN said the subject of allowing interest
on calls was now under consideration of the directors.
The works would be all completed within the estimate,
and portions of the line opened in about two years.
The resolution was then put and carried unani-
mously.
Thanks were afterwards voted to the Chairman and
f
Cie meeting t?rminated.

GREAT WESTERN RAILWAY
COMPANY.—(THIS DAY.)
A special general meeting of the Great Western
Railway Company was held, at one o'clock this day, at
the Paddington station, for the purpose of considering
the propriety of taking a lease of the south Wales line,
and of afterwards amalgamating the two companies if it
should be deemed expedient.
Mr. C. RUSSELL the chairman of the Company, took
the chair. He said that the present meeting was called
to affirm the arrangement that had been proposed to be
made between the Great Western Railway and the
South Wales Railway Company. When the report of the
meeting at Bristol, in August last, was laid before the
prop „
rietors 'he took the opportunity of stating the prin-
ciples which the directors had determined to take for
their guidance with regard to the proposed arrangement.
He stated, first, that the construction of the South
Wales Railway, and the charge and responsibility of it
should rest upon its promoters ; secondly, that the line
should be placed in the hands of the South Wales Com-
pany till after a certain period had elapsed ; thirdly,
that in order to facilitate the completion of the line a
certain and fixed value should be given to the shares of
the company; and lastly, that these conditions should
be so arranged as not to impose a large and unreasonable
responsibility on the Great Western Railway Company.
A long and complicated discussion had taken place on
these propositions, but during the three months
which they had continued the principles which
he had now enunciated had been invariably
kept in view, and they would find that they
had been carried out in the heads of agreement entered
into. The charge of completing the line was to be left
in the hands of the South Wales Company, and the
South-Western Company were to have no concern with
it till the main branches were comtaleted from one end
to the other. The benefits to result were to be secured
to the company till the amalgamation with the Great
Western Company took place. The Chairman then
stated the conditions on which the line was to be leased,
which will be found in our report of the proceedings of
the South Wales Company, in another part of
this evening's paper. These terms the directors
hoped were sufficient to enable the South Wales Com-
pany to raise all the money they should require,
The Great Western Company did not purpose the
arrangement as one from which any large profits were
to accrue. Their object was to secure the completion of
the line, and the profits they looked to were from their
own line, in connexion with the South Wales Company.
It was always the policy of the Great Western Company
to afford all the assistance in their power to the tribu-
tary schemes in connexion with their own, but never to
drive hard bargains, and the Bristol and Exeter line
and the Cheltenham Railway would bear out the accuracy
of this staternent,fand it was on a similar footing the pre-
sent agreement was sought to be carried out. It was
with that view the directors submitted the report which
the secretary would now read to them.
The SECRETARY then read the report, which set forth
the conditions of the proposed arrangement between the
two Companies.
The report, on the motion of the CHAIRMAN, seconded
by Mr. HEYWOOD, was unanimously adopted.
The SECRETARY having read the heads of the agree-
mant,
The CHAIRMAN then moved a resolution empowering
the directors of the Company to carry them into effect.
A PROPRIETOR seconded the resolution, and would
take the opportunity of asking who were to fix the fares
of the South Wales Company ? When the lease was
made, the power of fixing the fares would follow as a
matter of course ; bat till that period he wished to know
who were to fix them?

The CHAIRMAN took it for granted that the South
Wales Company would do so. The line was to continue
in their hands till then, and of course they would regu-
late the fares for their own benefit. The Great Western
Company were only to work the line till the lease com-
menced.

After some discussion,
The CHAIRMAN said that the heads of agreement would
be submitted to competent legal advice, and everything
doubtful, or likely to give rise to dispute, obviated.
The resolution was carried unanimously.
The CHAIRMAN then said that since the agreement had
been entered into' some of the Directors of the South
Wales Company had expressed an opinion that it would be
desirable, instead of amalgamating at the time specified,
to propose the Great Western Company should continue
to guarantee 5 per cent. with half of the surplus profits in
perpetuity. The directors of the Great Western Company
wished, therefore, to have a power to treat with the South
\Vales directors, should that modification be insisted upon.
After some discussion a resolution to that effect was
unanimously carried.

A Tote of thanks having been given to the Chairman
,he meeting separated.

IE LONDON GAZETTE

(THIS EVENING.)

WHITEHALL, Nov. 4.
The Queen has been pleased to appoint the Right Hon.
Granville George Earl Granville, the Right Hon. Sir Edward
Ryan, tint, and Captain Henry Rowland Brandreth,
Royal Engineers, to be three of the Commissioners of
Railways.

WHITEHALL,—Noy. 4.
Notice is hereby given, that the Right Honourable Edward
Strutt, the Eight Honourable George Earl Granville,
the Right Honourable Sir Edward Ryan, Knight and
Captain Henry Rowland Brandreth, R.E. appointed by her
Majesty Commissioners of Railways, under the provisions of
the Act 9th and 10:h Victoria, cap. 105, will begin to act in
execution of the said Act, on Monday, the 9th of November,
1846; also, that the office of the said Commissioners is at
No. 29, Great George-street, Westminster.
DOWNING-STREET, Nov. 5.
The Queen has been pleased to appoint James Simms,
Esq., to be Assistant-Judge of the Supreme Court of Judica-
ture in the island of Newfoundland ; and Edward Mortimer
Archibald, Esq., to be her Majesty's Attorney- General for that
island.

Her Majesty bas also been pleased to appoint Charles
Douglas Stewart, Esq., to be her Majesty's Solicitor-General
fur the island of St. Vincent.

Her Majesty has further been pleased to appoint Richard
Hayward, Esq. , to be Colonial Surveyor ana Engineer for
Sierra Leone.

WAR-OFFICE, Nov. 6.

7th Dragoon Guards—Nugent Chichester Nagle, Gent., to
be Cornet, by purchase, vice Johnston, who retires, Nov. 6.
2d iiragoons —Brevet Colonel Henry Salwey, from half-
pay Unattached, to be Lieut.-Colonel, vice John Frederick
Sales Clarke, who exchanges Major St. Vincent W.
Ricketts to be Lieutenant-Colonel, by purchase, vice
Salwey, who retires ; Captain Henry Darby Griffith
to be Major, by purchase, vice Ricketts ; Lieutenant
Henry Thomas Coward Smyth Pigott to be Captain,
by purchase, vice Griffith ; Cornet William Wallace
Hozier to be Lieutenant, by purchase, vice Pigott ; Ensign
William Cunninghame Bontine, from 15th Foot, to be Cornet,
by purchase, vice Hozier, Nov. 6.
14th Light Dragoons—Cornet William INPMahon to be
Lieutenant, by purchase, vice Hodson, who retires ; Herbert
Edward, Gent., to be Cornet, by purchase, vice M'Mahou,
Nov. 6.

15th Regiment of Foot—Ensign Charles William Clayton
East to be Lieutenant, by purchase, vice Hatchett, who re-
tires; Samuel James Blencowe, Gent., to be Ensign, by pur-
chase, vice East, Nov. 6.
37th Foot—Asssistant-Surgeon James William Fleming,
from the 70th Foot, to be Assistant-Surgeon, Nov. 6.
44th Foot—Ensign George Lethbridge Ottley, to be Lieu-
tenant by purchase, vice Noake, who retires ; William Fletcher,
Gent. to be Ensign, by purchase, vice Ottley ; Lieutenant
John Allen Lloyd Philipps to be Adjutant, vice Noakes, who
resigns, Nov. 6.
46th Foot—Lieutenant Alexander John Macpherson, from
half-pay 6th Foot, to be Lieutenant, vice Yonge, promoted ;
Ensign John Edward Lyons to be Lieutenant, by purchase,
vice Macpherson, who retires; Charles Somerville WAlester,
Gent., to be Ensign, by purchase, vice Lyons, Nov. 6.
66th Foot—Brevet Colonel Fielding Browne, from half-
pay Rifle Brigade, to be Major, vice Brevet Lieutenant-
Colonel William Longworth Dames, who exchanges; Cap-
tain Sir William Gordon, Bart., to be Major, by purchase,
vice Browne, who retires ; Lieutenant James Hunter Blair

Birch to be Captain, by purchase, vice Sir W. Gordon ;
Ensign Robert Conner, to be Lieutenant, by purchase, vice
Birch, Nov. 6.

70th Foot—Assistant-Surgeon John William Johnston,
M.D., from the Ist West India Regiment, to be Assistant-
Surgeon, vice Fleming, appointed to the 37th Foot, Nov. 6.
iBBth Foot—Lieutenant Edward John Vesey Brown to be
Captain, by purchase, vice Townshend, who retires; Ensign
Charles O'Donel to be Lieutenant, by purchase, vice Brown ;
John Salmon Bayley, Gent., to be Ensign, by purchase,
vice O'Donel, Nov. 6.

97th FootL-Lieutenant William Murray to be Captain, by
purchase, vice Kinderley, who retires; Ensign Henry George
Woods to be Lieutenant, by purchase, vice Murray; William
Frederick Norman, Gent., to be Ensign, by purchase, vice
Woods, Nov. 6.

Ist West India Regiment—William Sedgwick Saunders,
Gent., to be Assistant-Surgeon, vice Johnston, appointed to
the 70th Foot, Nov. 6.

2d West India Regiment—Edward John Stephens Knap-
man, Gent., to be Ensign, without purchase, vice Strachan,
whose appointment has been cancelled, Nov. 6.
BREVET.—Captain William Holland Leckv Daniel Cuddy,
of the 55th Foot, to be Major in the Army, gov. 6.
UNArrAcHED.—Brevet Major George Thomas Parke, from
the Ceylon Rifle Regiment, to be Major,
Nov. 6. _ . I
without purchase,

MEMORANDU3I.—The date of the commission of Lieutenant
Bolton, as Adjutant and Lieutenant in the 31st Foot, is 22d
December, 1845, not 19th December, 1845, as erroneously
stated.
Commission by her Majesty's Commissioners of Lieutenancy
for the City of London.
Regiment of Royal London Malitia—Claudius Stephen
Paul Hunter, to be Captain, vice Captain Henry Butterworth,
resigned, Nov. 5.
ADMIRALTY, Nov. 4, 1846.
With reference to the announcement which appeared in the
Loudon Gazette of the 3d instant, the name of Captain Fre-
derick Jennings Thomas has been added to the list of Cap-
tains of the Royal Navy who have accepted the rank of Re-
tired Rear-Admiral of her Majesty's Fleet.
ADMIRALTY, Nov. 5.
_

With reference to the dispatches from Rear-Admiral In-
glefield, C. 8., dated the 9th and 17th of June, 1846, which
appeared in the Gazettes of the Bth and 22d of September
last, the Board have directed that Commander Francis
William Austen shall be promoted to the rank of Captain,
when he shall have served the required period at sea to qua-
lify him for that rank. The Board have also directed that
David Kamm, gunner, shall be advanced to the :.second Class
of Warrant °dicers.

WHITEHALL Nov. 3.
The Lor4 Chancellor hay appo,inted Edward Lane Swat-