The Sun.
London, England, 1848-12-11 00:00:00

LONDON, MONDAY EVENING, DECEMBER 11, 1848,

Prime large Oxen.. 4 2 4 4
Prime Scots •• •• • • 4 6 4
Large coarse Calves 3 6 4 2

Prime small ditto .. 4 4 4 6

Suckling Calves ..17 0 24 0 I
Inferior Sheep •• • 3 0 3 4
TOTAL SUPPLY
Sheep.
I 23,840
FOREIGN
I Sheep.
2,650

Beasts,
5,942

Beasts.
3114

MA

JUDGMENT.

1,584

... 71 ...

siderably under those plid last year. Some hundreds
of prime beasts were sold fur consumption at Bristol,
Southampton, Birmingham, e., but by far the largest
portion of the supply was taken by ~he London butchers.
Nearly two thousand beasts left the market unsold. From
Lincolnshire, Leicestershire, Northamptonshire, War-
wickshire, &c., we received about 2,500 short-horns;
from the western, eastern, and midland districts, 2,C00
Herefords, runts. Devons, Le.; from other parts of Eng-
land, 500 of various breeds; and from Scotland, 220
horned and polled Scots. The remainder of the Bullock
supply was derived from abroad and the neighbourhood
of the metropolis. For the best old Down Sheep the
demand was tolerably steady, at prices about equal to
those paid on Monday last, viz., from 4s 101 to 55 per
81bs; but all other breeds moor d off slowly at barely
late currencies. We were fairly supplied with Calves.
The best Veal was in moderate request at full prices;
otherwise the trade was in a sluggish state. There was
a fair average business doing in Pigs; but we have uo
improvement to notice in prices.
Per 81bs. to sink the offal.
s. d. to s. d.
Inferior Boasts.. 3 4 3 8
econd quality • • 310 4 2

s. d. to s. d.
Second qual. Sheep 3 6 4 0
Coarse-woolled ditto 4 2 4 6
SoutbdownWether 4 8 5 0
Ditto out of the wool 0 0 0 0
Large Hogs • 310 4 4
Small Porkers ••.. 4 6 4 $
Quarter old Pigs • .16 0 21 0
Lambs .. •• • 0 0 0 0
AT MARKET.
Calves. Pia's.
I
124 200

SUPPLY.
I Calves.
57

Pigs.

NEI77GILICEI AND %MADE N 1114.3616.
Notwithstanding the prevailing warm weather for the
time of year, the arrivals of Meat for these markets from
Scotland and different parts of England continue on an
extensive scale. Since Monday last there have arrived
about 800 carcasses of Beef, 2,200 ditto of Mutton, 480
ditto of Veal, and 3,750 ditto of Pork, in, for the most
part, fair average condition. The supplies on offer
slaughtered in the metropolis have been large, and of
tolerably good quality. Prime Beef, Mutton, Veal, and
Pork, have commanded a steady sale at full rates of cur-
rency; otherwise, the demand has been in a sluggish
state. About 500 carcasses of Foreign Meat, killed in
London, have been disposed of. From Hamburgh, 27
baskets of Beef and 15 ditto of Pork have come to hand.

At per stone by the Carcase.
s. d. to s. d. s. d. to s. d.
Beef,inferior•• •• •• 2 2 2 4 Mutton, inferior •• 3 2 3 4
- middling .... 2 6 210 --- middling.. 3 6 3 &
primelarge • • 3 0 3 2 -- prime 310 4 4
- prime small .. 3 4 3 6 Pork, large. ••• •• 3 6 4 4
Veal.• •••• • • ...... 3 4 4 4- small ...• • • 4 6 4 &
EOZIOUGEC .11.rnco SPXTALPIELDS.
The arrivals of Potatoes, coastwise, during the past
week, have been very limited, and of middling quality.
The fresh supply by railway has somewhat increased.
The imports from abroad have comprised 940 bags from
Rotterdam, 705 ditto from Antwerp, 407 ditto from
Calais, 610 tons from Rouen, 130 ditto from Hamburgh,
147. bags and 68 tons from Havre, 10 baskets from
Oporto, and 30 tons from Bordeaux. The best sam-
ples are in steady request at full prices, but all other
qualities are easier to purchase. Yorkshire Regents,
120 s to 160 s; Scotch ditto, 1103 to 130 s ; ditto Cups,
70s to 90s; ditto Reds, 60s to 90s; ditto Whites, 70 to
80s; French Whites, 803 to 95s ; Dutch ditto 70s to 80
per ton.

BOROUGH MOP IVIARIEET.
Although our market is very moderately supplied with
most kinds of Hops, the trade is in a very sluggish state.
Selected parcels of the present year's growth are selling
at full rates of currency. In other qualities scarcely
any business is doing. New Hops—Sussex pockets,
215 s to 2/ 18s; Weald of Kent ditto, 218 s to 3155; Mid
and East Kent ditto, 21 12s to 5/ 18s per cwt.
W 001.1.,

During last week the imports of Wool into London
were composed of 70 bales from Hamburgh, 600 ditto
from Sydney, 134 ditto from Port Wellington, 30 ditto
from Gibraltar, and 100 ditto from other quarters.
There is a slight improvement in the demand by private
contract, at full prices.
TALLOW.

We have again to report a very heavy demand for
Tallow—the stock of which today is upwards of 32,000
casks, at further depressed currencies. The chandlers,
though by no means largely in stock, are not disposed
to buy to any extent at present prices. P.Y.C. on the
spot is selling at 44s 6d to 44s per cwt. Scarcely any
business is doing for forward deliver. Town Tallow,
44s 6d to 45s 6d per cwt. net cash ; Rough Fat, 2s 6id
to 2s 7d per 81bs.

CHANCERY.-(THIS DAY.)
The Lord Chancellor sat in the Old Hall, Lincoln a
:nn, to-day, and heard appeals.

THE EAST LANCASHIRE RAILWAY COMPANY V. THE
LONDON AND NORTH•WESTERN RAILWAY COMPANY.-

The LORD CHANCELLOR gave judgment today on
this case, the arguments in which were concluded on
Saturday.
The question involved in the case was the duration
of an agreement entered into between the Blackburn
and Preston Railway Company (now incorporated with
the East Lancashire Railway Company, and the London
and North-Western) for the use of a portion of their
line. The plaintiffs having instituted proceedings in
Chancery against the defendants to compel the perform-
ance of the agreement, the defendants put in a general
demurrer to the bill, alleging that the instrument was
determinable at the will of either party. The Vice-
Chancellor Knight Bruce, before whom the question was
argued, allowed the demurrer, but the plaintiffs, con-
ceiving that the agreement was permanent in its cha-
racter until both parties consented to annul it, appealed
from that dectisiGn ; and upon that appeal the Lord
Chancellor now gave judgment. His Lordship, after
going at some length into the case, ordered the judgment
of the Court below to be reversed, and the demurrer to
be overruled.—Demurrer overruled.

MOSELEY v. BILKER.
This case came before this branch of the Court upon
appeal from the decision of the Vice-Chancellor Wigram.

The suit raises a question of the utmost importance to
the members of building societies formed under the sta-
tute 6th and 7th Wm. IV., chap. 32.
It appears that the societies are usually composed of
two classes of members, what are called the non-purchas-

ing and the purchasing members. This was the consti-
tution of the society with respect to which the suit arose,
and which was a society established at Hoxton, and
called the Equitable Provident Association. The plain-
tiff was a purchasing member, and in April, 1845, had
bought 12i shares in the society, upon which the society
gave him an advance of 750/. on the security of some pre-
mises at Hoxton, and which 7501. was to be taken as pur-
chase money by the society of the plaintiff's right to the
value of the shares at the dissolution of the society. The
plaintiff afterwards became desirous of paying off the
amount of this advance, and releasing his property from
the charge, and the question was as to the terms upon
which he could redeem his estate. This depended on
the terms of the security, and on the rules of the so-
ciety. The 58th rule, which expressed the terms of the
loan, was as follows that in the mortgage the usual
covenants for insurance shall be inserted. It shall be
specified that in case the said member shall at any time
thereafter fail, neglect, or refuse for six monthly nights
to pay all or any of his or hor subscriptions, payments,
end redemption-money, or to observe and perform all
or any of the regulations on his or her part respec-
tively to be paid, observed, and performed, then the
trustees for the time being shall appoint a person
or persons to collect the rents and profits of
the premises therein mentioned; but should the same be
insufficient to satisfy the purpose aforesaid, then the said
trustees shall, without the concurrence or consent of such

member, absolutely sell and dispe;e of all or any part o
the said premises, either by public auction or private con
tract, for the most money than can be had or gotten for
the same, and shall receive the purchase-money arising
therefrom; and at such public sale the trustees, or one of
them, or some other person to be appointed by them or
him, in writing, shall be allowed to buy in the premises
on behalf of the association, and to resell the same
without being answerable for any loss to be occa-
sioned by such resale, but that if any loss should be oc-
casioned by such resale, it shall be borne by the mort-
gagor; and out of the money to urise from such collec-
tion of rents and profits or such sale as aforesaid the
trustees for the time being shall in the first place dis-
charge all costs, charges, and expenses which may be
incurred on account of such collection of rents, or sale
or sales, or in anywise relating to the trusts therein con-
tained; and, in the next place, shall retain and reimburse
themselves and the said association all such principal,
subscriptions, and other payments as shall bo then due,
owing, and payable by such member, under and by vir-
tue of ithese rules; and ,the mortgage and the moneys
so retained for the said association shall be imme-
diately placed at the bankers' to the account
and for the use and benefit of this association, and they
shall pay the surplus (it any) arising frem such sale or
collection of rents to the said member, or to such other
person or persons as he or she shall by writing under
his or her hand direct or appoint to receive the same.
That in case any mortgagor shall be himself the actual
occupier of any premises mortgaged to this association,
then and in such case the mortgage deed shall contain a
stipulation that he shall become tenant to the trustees at
a rent which shall be sufficient to cover the amount of
his yearly payment, and the trustees shall have power
of distress as in cases of landlord and tenant, and with
the money to be produced by such collection of rents,
issues, and profits on such sale, the trustees for the time
being shall, in the first place, discharge all costs and
expenses which may be incurred on account of such col-
lection of rents, or sale or sales, or in anywise relating
to the same. In this case the monthly payments to be
made by the plaintiff where 10s. per share as the sub-
scription, and 4s. per share as :redemption moneys,
making in the whole 81. 15s. per month. There were
also fines imposed in cases where the monthly payments
were not punctually made ; and fines to a considerable
amount had. it appeared, been incurred by the plaintiff.
The 62d rule, expressing the term of redemption, was as
follows:—" That if any member of this association shall
be desirous of paying off and rode( ming any security or
securities which he or she shall have given to this associa-
tion, and shall give notice of such his or her desire to the
manager, the directors shall allow such member the pro-
fits of his share or shares made up to such time, and
shall make a deduction of such profits and of the
amount uf subscriptions paid iu by such member from
the full amount expressed to be secured in and by the
rnortage; and the directors are hereby authorised and
empowered to receive the balance either in one pay-
ment, or by such instalments as the directors and the
member shall agree upon; and on payment of the ba-
lance, together with all fines due in respect of such
share or shares, the directors shall authorize the trustees
to deliver all deeds and other documents in their custody
relating to the mortgage so redeemed to the
member, and at his or her cost endorse a receipt
or acknowledgment of pa 3 ment on such mortgage,
according to 6 and 7 William IV., chap. 32." When
the case came before the Vice- Chancellor Wigram
it was argued on Lehalf of the plaintiff that, upon the

true construction of' the C2A rule the plaintiff was en-
titled to redeem his property upon repayment of the
7501., and his subscriptions to that time, deaucting the
amount of the subscriptions and redemption money which ;
he had &ready paid to the society, and he would thence •
forward cease to be a member of the society, and cease
to be liable to any further subscription. They did not
ask that the Court shall make any declaration as to the
future liability of the plaintiff to the society. If any de-
mands were made upon him for further subscriptions, he I
would be prepared to defend himself. All that the
Court was at present asked to do was, to decree the re-
conveyrtece of
.the property upon the repayment of the
750/., and the subscriptions which had already become
due. On the part of the trustees of the society it was sub-
mitted that. the suit was founded up' n a mistaken con-
struction of the rakes of the society and the liabilities of
the plaintiff The plaintiff might redeem his estate, but
it could only be upon payment of the subscriptions on
all his shares up to the time to which the society might
be calculated to endure. This was the obligation which
he had taken upon himself by the security he had given.
The society were purchasers of an annuity rather than
mortgagees, which they were inaccurately called. The
original funds of the society were raised by monthly
subscriptions of 10s. on each share. When a sufficient
fund was by this means accumulated, an auction was
held for the sale of shares, and any member who might
be desirous to obtain an advance of money becam a pur-
chaser of new shares, to each of which new shares
is attached the liability of paying 10s. per month
subscription and 4e. per month redemption money.
From these payments the party could not afterwards
escape. The 103 d rule provided that when 120/. per
share in amount or value should be realized the society
should terminate, and the deeds should be delivered up
to the members with a receipt or discharge from the
mortgage. Every member was therefore interested in
the prosperity of the society ; and when this amount
was realized, the plaintiff, in the ordinary course of the
society, would recover his estate unencumbered. The
mortgage would discharge itself. If, however, he chose
to abandon the society sooner, he could not do so with-
out fulfilling the obligation of paying the monthly pay-
ments until the dissolution of the society. The only
difference was, that in such a caie the duration of the
society must be made a subject of computation, instead
of being ascertained as a fact. The Viee-Chancellor
Wigram decided against the claim of the plaintiff, and
for that reason the present appeal was brought.
Mr. Rolt and Mr. Prior were counsel for the appellant,
and the Solicitor- General and Mr. Bevan were in sup-
port of the decree in the Court below.
The arguments occupied the Court the whole day.

VICE-CHANCERY.-(THIS DAY.)
THE ATTORNEY-GENERAL V. THE EARL OF STAMFORD.
Mr. BETHELL replied in this case to-day, and
His Hortourt postponed his judgment.
Nothing of interest occurred in either the Vice-Chan-
cellor Knight Bruce's or Wigram's Court.

QUEEN'S BENCH.-(THIS DAY.)
The London nisi prius sitting commenced this morn-
ing at Guildhall, before the Lord Chief Justice. The
cause list contains the names of 167 causes, of which 104
are remanets, 63 are new eauses, and 55 are special

juries.
No cause of the slightest importance was tried during
the morning,

EXCHEQUER.-(THIS DAY.)

The London nisi prius sittings after Term com-
menced this morning before the Lord Chief Baron in the
Court of Exchequer, Guildhall. There are 200 causes
on the list. of which 117 are remanets from the last
sittings, 83 are new causes, and 68 are special juries.

COMMON PLEAS.-(THIS DAY.)
The Lord Chief Justice sat at Nisi Prius in the City,
this morning, but the parties concerned in the cases set
down for hearing to-day not being; present when their
names were called, the cases were ordered to be struck
out of the list, and the Court adjourned till to-morrow.
The names of these cases are Wyatt v. Rhodes and an-
other, Collins v. Anthony, Berko v. Carter, Collins v.
Groom, Gillingham v. Stuart, Gardner v. Swallow, Stone
v. Winfred, Kemp v. Barry, Same v. Same. The cause
list contains the names of 118 causes.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner SHEPHERD.)
IN RE RELY AND REAY.

Mr. Cox (of Pinners Hall) applied on behalf of a
creditor under the estate of these bankrupts, who were
formerly wine-merchants in leiark•lane, to oppose a de-
mand made by the official assignee for a reduction of a
dividend on the debt proved. Mr. Cox said that the
debt amounted to 2,4451., and several bills were held as
collateral security. One of the latter bills for 1041. had
been paid in lull, and the official assignee considered
that the dividend received on that amount ought to be
returned. Mr. Cox contended that he was entitled to
receive a dividend on the full debt proved, notwithstand-
ing some bills were paid in full. In a late case the prin-
ciple was laid down that not only might the dividend be re-
ceived on the full amount until 20s. were paid, but until in-
terest was also paid. He was however open to admit that
if the bill or bills had been given as security for a spe-
cific portion of the amount proved, then he must refund
any dividend received on the bill, but in the present case
the bill was given as collateral security over the whole
debt, therefore the creditor was entitled to the dividend
on the full amount, till he had received from one or the
other 20s. in the pound.
Mr. Graham, the official assignee, quoted cases in
support of his opinion on this point, but after con-
sideration,
His Ilomonn held that the creditor was entitled to
dividends on the full amounts proved.

BOW-STREET.—(THIS DAY.)
A middle-aged man was charged before Mr. Hall with
having willfully and maliciously broken the street-lamps,
the property of the Commissioners of Paving.
The commission of the offence having been clearly
proved,
The prisoner stated that he had been several months
out of employment and was literally starving. A little
bread and cheese was given to him yesterday, and that
was all he had eaten since Thursday last. They had re-
fused him relief at the workhouse.
. .

Mr. HALL said it was quite evident that, by sending ti
the prisoner to the House of Correction he should only
be obliging him, and doing just what he wanted. He
would go to prison, get a good meal, and on coming out,
break more lamps, in order to be sent back again. He
(Mr. Hall) was half inclinf.d to disappoint him, by dis-
charging him at once.
The Inspector of Pavements said that if the magistrate
discharged the prisoner now, he would go immediately
and break more lamps.
Mr. HALL at length sent the prisoner to the House of
Correction for seven days, observing that the practice of
breaking lamps for the purpose of getting into prison
could not bo put a stop to, until an Act should be passod
adding whipping to imprisonment. Indeed he thought
such a law must very soon be enacted.

COURT CIRCULAR.
OSBORNE, FRIDAY.
The Queen and Prince Albert walked about the
grounds as usual this morning.
The younger branches of the Royal Family took
their accustomed exercise.
Viscountess Canning, Lady in waiting to her Ma-
jesty, arrived yesterday evening
Earl de Grey left Osborne this afternoon for
London.
Colonel the Hon. and Mrs. Charles Phipps had the
honour of joining the royal dinner party yesterday
evening.

SATURDAY.
The Queen and Prince Albert walked as usual
about the grounds this morning.
The younger branches of the Royal Family took
their accustomed exercise.
Their Royal Highnesses the Duke and Duchess de
Nemours are expected this afternoon on a visit to her
Majesty.

SUNDAY.

The Queen and Prince Albert, with the younger
branches of the Royal Family, and ,the Duke and
Duchess de Nemours, walked in the gardens early
this morning.
The Queen and Prince Albert, accompanied by
Viscountess Canning, as Lady in Waiting, the Hon.
Miss Dawson, Colonel Berkeley Drummond, and
Colonel Bouverie, attended Divine service this morn-
ing at Whippingham Church.
The Duke and Duchess de Nemours went to the
Roman Catholic Church at West Cowes.

The Queen will hold a Privy Council on Saturday
next, the 16th inst., at her Majesty's marine residence,
Osborne, Isle of Wight.
A Committee of the Lords of her Majesty's Privy
Council for Trade and Foreign Plantations had a
meeting on Friday, at the office of the 'Board of
Trade, on the subject of Vancouver's Island. The
Lords present were the .Etight Hon. Henry Labou-
chere (President of the Board of Trade), Earl Grey
(Secretary of State for the Colonies), Lord Camp-
bell (Chancellor of the Duchy of Lancaster), and Sir
Edward Ryan.
Their Lordships assembled at twelve o'clock, and
sat one hour and a half.

Their Royal Highnesses the Duke and Duchess of
Cambridge arrived in town on Saturday, from their
residence at Kew, and visited her Royal Highness the
Duchess of Gloucester, at Gloucester House.
His Excellency the Prussian Minister had an in-
terview with Viscount Palmerston on Saturday. Mr.
Borthwick, Agent for the Jamaica Chamber of Com-
merce, had also an interview with Lord Palmerston,
at the Foreign-office, on Saturday.
Mr. Higham, Secretary and Comptroller-General
to the Commissioners for the Reduction of the Na-
tional Debt, and Colonel liaberley, bad interviews
with the Chancellor of the Exchequer on Saturday,
at his official residence in Downing-street. Mr.
Harrison, Chairman of the Public Works Loan Com-
mission, had an interview on Friday with the Right
Hon. Baronet.
Lieutenant Symonds had an interview with Earl
Grey, on Friday, at the Colonial-office.
A deputation, consisting of the Lord Mayor, Mr
Masterman, M.P., Mr. Alderman Wilson, Mr. John
Wood, Mr. T. H. Hall, Mr. R. Taylor, the Town-
Clerk, and the City Remembrancer, had an inter-
view with Lord John Russell on Friday.
Mr. Peto, M.P. for Norwich, had an interview
with Sir George Grey, on Friday, at the Home-
office. _

_______
The Marquis and Marchioness of Lansdowne left
town on Saturday, for their seat, Bowood Park, Wilts.
Lady Mary Wood left town on Saturday, for
Hickleton Hall, Yorkshire.