The Sun.
London, England, 1846-12-03 00:00:00

THE SUN, LOIN DONE

Channel Buoy, or in lat. 50 deg. 55 min. N., lon. 88 deg. E.
from March 15 to Sept. 15, should hoist the pilot's jack,
and keep it ilying till a pilot is received, but not be bound to
wait for a pilot where one does not otter, nor be liable to a
penalty for moving without one in that part of the River
below Bishop's College. . •
The Chamber was disposed to acquieSce in both of the fore-.
going propositions.
Third—lt is proposed that in regard to vessels such as the
last mentioned leaving Calcutta, if no pilot join a vessel be-
fore eight A.M., the• day after she haS produced her port
clearance at the Master Attendant's office, the vessel be at
liberty to proceed, keeping the pilot's jack flying as long as
she is within pilot's water without a pilot, and receiving
one as soon as he offers to come on board..

The Chamber recommended that twenty-four hours, in-
stead of" eight A.m." after production of the port clearance
at the master-attendant's office, be the time when the ship
shall be privileged to proceed.
The Chamber suggested that, should the measure be,
authorised by Government, six months from the date of
promulgation should be allowed to elapse before carrying it
into effect, to afford time to the merchants and underwriters
in England and elsewhere, to make any modification in the
terms of insurance, which the alterations might appear to
require.--I am, Sir, your most obedient servant,

(Signed) W. SIMONDS, Sec.
To. W. Dobson, Esq., Secretary for Lloyd's, London.
" Either by Point Calymere, at the eastern entrance of the
Pamban Passage, and Jnnkseylon, on the coast of Tennas-
serhn, or Cape Comorin and Penang, including the Nicobar
Islands, as Government might determine."

MARKET NEWS.-(THIS DAY.)
:3C.112* DT4I.7O.7iCEMEE.
SMITHFIELD.--Meadow Hay, 21 5s to 4/' ;' Clover ditto
31 8s to 5/ ; and Straw, 1/ lOs to 11 13s per load. A mode-
rate supply and a slow trade.
CUMBERLAND.—Meadow Hay, 2l 8s to _4l; ,Clover,
ditto, 31 83 to 41 17s ; and Straw, 11 -10 s to 1/ 14s per load.
Both hay and straw sold heavily at our quotations.
WHITECHAPEL.—Meadow Hay, gl 5s to 4/; Clover
.ditto, 31 5s to 51 ; and Straw, 1/ lOs to 1/ 13s per. load.
A full average supply, and a sluggish demand.
NEWGATE AND I.3EADENITIALL.
Prime Beef and Mutton sold freely ; other kinds of meat.
slowly, at our quotations. Beef, 2s 4d to 3s. 6d; Mutton,
3s 4d to 4s 6d ; Veal, 3s 4el to 4s .64 and Pork, 3s 4d to
4s 8d per 81bs.
_ _

I WHEAT. rABLETI OATS. 1
468YE0. i BEANS. 1
SPEAS.
PRICE .• 63s 9d 46s 8d 27s Ga s d 45s 9d 0s 01
DUTY... 4s Od 2s 01 Is 6d 2s Od 2s Od '.2s Od
........—......

• 4.t.ior

PRIVY C,Q.UNCII,-(THIS. DAY.)
The -judicial. Committee of the Privy Council sat
to-day at the Couneil. Chamber,. Whitehall. The Lords
present-were Lord Brougham, the Master of the Rolls
(Lord .Langdale), the Judge.. of. the Admiralty Court
(Dr. Lushington), the Chancellor -of the Duchy of Corn-
wall (the Right Hon. Pemberton Leigh), Sir E..H..East,
and Sir E. Ryan.

made on Sunday, the 30th, to the', defendant' by the
plaintiff respecting the charge --fee servants.. The
plaintiff asked if he should: include it in the bill; and the;
deferidant replied in the affirmative; adding, on the
plaintiff inquiring the amount he felt dispoied to give,
that he .might charge 21 2s. a dayy, .
By Mr. Justice EarE-No previous arrangenient was
made by him with :the defendant to meet., him at the
Boar and Castle.
Cress-examined by Mr. M. -CHAMBERS—He was sent
by Mr. Higgins, the engineer to the company, whose;
house was full, and be understood the party were Lent;
to the Boar and • Castle to -remain until they were re--
quired. Ile was one, of the four who first went to the;
plaintiff's honse. On seeing him he Stated that they-
had'been recommended to the house by Mr. Higgins,'
and told him 'theY required one private sitting room.
Took no plans with him. The ten minutes referred to
Were devoted to the plans of the Oxford and Western.
line. On the 27th from four to six surveyors connected.

with that line came, but those who came first were con
nected with the U,ttoxeter line, and were in the employ-
ment of Mr. Higgins. Those engaged on the Oxford
and Western remained abOut one day ; but whilst
they remained those connected with' both lines enjoyed.
refreshments in common. Never heard that the de-
fendant had anything to do with the Oxford and Western
line. The defendant said if the plans were prepared in,
time, with the aid of the Oxford and Western men, that
he should divide 501. among them, and treat them to
champagne. The wine was ordered, with the consent of
Mr. Grey, and it was received, and he (witness) drank
part of it. Never heard that the rlaintiff made any ob-
jection to supplying it. The defendant told the plaintiff
not to put the champagne in the bill ,as he should pay
that himself, as he did not wish it to be s,'en inthe bill.
The plans were incomplete, and full of errors ; they were
deposited, but the Standing Orders Committee rejected
them. Mr. Higgins had become a bankrupt, and had not
paid him his Claim in full. They had a very
good dinner on the Sunday, after depositing
the plans, and that was the occasion on which they
were treated with the champagne.-:,- (Laughter.)
He was paid a certain surn per day. by Mr. Higgins with
so much for expenses—eating, drinking, travelling, &c.
His engagement terminated on the 30th of November.
Re-examined—The room they were shown into was
the best in- the house, and looked out back and front.
The defendant used the room like every one else. The
defendant went with the plans to the Board of Trade.
Edward Knuttley, examined by Mr. Sergeant SHEA—
Became a waiter lit the Boar and Castle on the 29th of ,
November, the defendant and about , ten other persons
dined on Sunday, the defendant occupying the chair.
The defendant gave him orders, and said on one or two
occasions to him that the gentlemen were to have what
they required. He was led to believe that Mr. Grey
was the responsible person. Brandy and water, cigars,
and slippers for the young surveyors were supplied on
his account.—(Roars of laughter.)
Cross-examined—Was not in the habit of receiving
orders from the chairman, because those who filled that
position had frequently nothing to do with the dinner,
except in their official capacity. He generally received
orders from a wino steward. Many of them had soda-
water, lemonade; and some preferred gin to brandy. A
party dined on Monday after Mr. Grey left.
Horatio Knight, head-waits r at the tavern at the time
in luestion, deposed that the defendant took the head of
the table. He always.understood that he Was the bead
of the party. He generally gave him orders. The bill
produced was correct, and the charges were those of the
house. _

Cross•examined—A bar book was kept by Miss
Saunders, the :-barmaid ; 121. 12s. %as charged for the
three servants, including the chambermaid.
Mr. MONTAGUE CHAMBERS—I am afraid the cham-
bermaid had little -to do, as there was so little sleeping.
Mary Knowled; the chambermaid, said the party oc-
etipied six or seven beds, which they used by turns;
some sleeping in the day, and others-in the night; when
one got up another took his place, and She had to make
the beds at unseasonable hours of the day and -night.
This was the plaintiff's case:
Mr. M. CHAMBERS held, on behalf of the de-
fendant, that he was not liable to pay the demand of the
plaintiff, and he should slimi that the surveyors who
used the house were sent there by Mr. Higgins, who bad
contracted with the company to defray all the expenses
of the survey, and those incidental to it. The ordering
of the champagne by the defendant, and its ommission
from the bill, showed, at his request, that he did not wish
it to be confounded with the bill of Mr. Higgins. When
the surveyors first went to the house; the defendant was
in Staffordshire, so that it could not be held that they
were sent by him. The plaintiff himself had admitted
that Mr. Higgins was liable; he attended a meeting of
his creditors, and claimed the amount of hisbill; so that
it was quite an afterthought to turn round and demand
the amount from the defendant, and first of all he claimed
only 671. Bs. 9d., then the amount for which the action
was brought. He then called the following witnesses in
support of his case:-,
Mr. Boyman; the secretary to the railway, examined
by Mr. JAMES—He said Mr. Higgins was the engineer
of the line, and received about 1,0001. from the com-
mittee for the purpose of paying the survey and sur-
veyors. The committee had nothing further to do with
the expense of it. -The plaintiff called on him on the 3d
of Deeember, and stated that Mr. Higgins had informed
him that he (Higgins) had enclosed his (the plaintiff's)
bill to him for payment. The account was received
with a letter from Mr. Higgins, requesting a cheque on
account of the expense of the survey, Th bill he sub-
sequently returned to the plaintiff, telling him that Mr.-
Higgins was the person to -look to, as he hid contracted
to furnish the survey. The plaintiff, in reply to ques-
tions, stated that Mr. Higgins sent the "
surveyors to his
house, and that the articles charged were supplied to bis
order and to his account. A few days after the
defendants called with the plaintiff and, told him (wit-
ness) that he was very apprehensive that Mr. Higgins
would not be able to pay his bill, and hoped that the
committee would pay it for him. The bill was given
back to him in order that he might make out two sepa-
rate bills, that the board might know what he had sap-
plied to the account of Mr. Grey. The whole of the
first bill was made out in the name of Higgins ; he
made no claim in my presence upon Mr. Grey for the
bill.

Cross-examined—No authority was given to Mr. Ing-
gins by the committee to incur tavern bills on their
account.

Mr. Bickerton, railway agent, of Cannon-row, West-
minster, deposed to a conversation taking place at
Gerard's Hall between a Mr. Hill, the company's
solicitor, the plaintiff, and the defendant, in which the
defendant offered, him 10Z in addition to the 61. lent, and
3/. for champagne,,to give him a discharge ;, but., the
plaintiff declined to accept it, sayingthat if he took it
where was he to look for the balance of his account.
Both Flint and the defendants admitted owing some-
thing for themselves and their clerks.
Mr. lllidge, the defendant's partner, deposed to having
been present at a meeting of the creditors of Mr. Higgins,
which was held at the Law Institution, Chancery-lane,
and the plaintiff claiming 1201. from his estate.
Mr. Nichol, an engineering snrveyor., Jiving,irt Duke-
street, proved sending several petsons to the Boar and
Castle by Mr. Higgins's order. Murphy, he thought,
was one of them, but he did not send him by Mr.
Higgins's•order.

Mr. Wilson and Mr. Gagent, surveyors, gave. similar
testimony.
This was the case for the defence.

Mr. Sergeant SHEA, in his reply, explained that the
different sums applied for by the plaintiff arose from his
being induced by the defendaats to believe that
Mr. Higgins was liable for part of. the ac-
count, and that finding he could not get
either—that, part of it from eithertbat, in short, he had been
misled, and that the defenaant was clearly liable—he now
brought the action for the full amount of his claim. He
held that the plaintiff was entitled to a verdict on the
evidence adduced.
Mr. Justice ERLE told the jury that they ought to
find for the plaintiff if they believed the contract was
made between him and the defendants; and for the de-
defendant, if they believed it was made with Mr. Hig-
gins. It was for them to say whether there was or
was not a reasonable presumption to believe from the
evidence, and particularly from the personal conduct of
the defendants that he was Viable for the refreshments
supplied. .
after dlelnibtierating about half!ln hour, found
a ,T,ehrdeijctur, for
the

BAIL COURT.-=-(THIS DAY.)
• THE QUEEN V. ARNOLD.
In this case a writ of mandamus had been issued
ordering the defendant to register a certain vessel
belonging •to the Pacific. Steam Navigation Company.
To this the defendant had demurred, on the ground that
the vessel was partly owned by foreigners.
Sir F. Thesiger was heard in support of the demurrer,
and Mr. Hill iu support of the mandamus.
The Loan CHIEF JUSTICE in giving judgment, said
that the object of the mandamus was to compel an
officer in her Majesty's Customs to register a vessel be-
longing to the Pacific Steam Navigation Company.
That was a corporation by charter. It was not attempted
to be denied that the corporation was a British one, but
the question was whether it was qualified to own
British built vessels under the statute 8 and
9 Victoria. It had been stated 'that several
members of the corporation were foreigners, and not
British subjects, and consequently the vessels did not
belong exclusively to British subjects, required by the
da
sth section of the Act. These persons, as individual
members of the corporation, would not be enabled to
h
vessels
registeredbody—the
ithcotuhretirwnaasmoeso
pais-
the owners, but being only members of oner corporate
body—ve Britishprivileged
corporate
nion that the presence
of some for • etgners in the corpo-
ration was not a sufficient ground to refuse the regis-
tration, and the mandamus must therefore be made
peremptory.