The Sun.
London, England, 1846-01-23 00:00:00

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VICE-CHANCERY.-(THIS DAY.)
(13efore Vice-Chancellor WIGRAM.)
RIGBY V. GREAT WESTERN RAILWAY COMPANY.
Ills Honour in this cause granted an interim injunction in favour
of the plaintiffs. In May, last year, a bill was filed by the Messrs.
Rigby for this object; the defendants put in a demure', and the,
cause was argued before his Honour, whe over ruled the demurrer,
and sent the case to be tried by two actions at law. In 1841 covenants
were entered into between the Messrs.Higby and tkeCompany about
the erntion of refreshment rooms at the Swindon station ; the
Messrs. Rigby faking a lease of the premises on express terms for 99
years, and agreeing io erect refreshment-rooms; the Company, on
their part, expressly stipulating that all trains, up or down, except
goods trains and express trains for a special purpose, should stop for
refreshment at the Swindon station. But the Company, in May last,
advertised and began to run what they called "express trains" be-
tween London aid Exeter, without stopping at the Swindon station,
except for the exchange of passengers and taking in a supply of
water, which did not occupy more than from one to three minutes.
The plaintiffs estimated their loss arising out of this arrangement at
1,600/. a-yea-.
His Hotiona said that all the facts of the case, and the points
of he
eplealcul;
bedetchldedn
parties favourii,th
e
suit to a
other, and at the stage at width the suit had arrived, he granted
only an Interim injunction, with liberty, if the defendant wished it,
to raise anothes action at law.
plain-
tiffs, wb
ata rased
t co considering s lidne rairnggu themen relationt ha d
beoefn

COURT CIRCULAR.

BAIL COURT.—(THIS DAY.)
(Sittings in Banco before Mr. Justice WILLIAMS.)
HOLMES V. CROSBY.
Mr. HEATH appeared to show cause against a rule nisi ohtained
last term by Mr. Crompton to set aside the award made by an arbi-
trator in this case..
The original action was brought in consequence e Mr. Crosby
selling to the plaintiff as guano; a composition, not only useless but
injurious. The parties agreed to 'refer the matter to arbitration, and.
Mr. Harwood Barrow au accountant was chosen. From his state-
ment it appeared that after a due and careful consideration of all the
facts of the case, and an examination of the witnesses, he had deter-
mined that Mr. Holmes should pay to Mr. Crosby the sum of
1671. 6s. 2d., and should also bear all the costs of the proceedings.
Mr. Crompton had obtained a rule nisi to set aside that award on the
ground that the 'action vas not decided by it—that it was not
decided *which of the parties had been entitled to proceed in the
action, and which party was liable to pay the costs, and also that the
ground for the payment of the sum by Mr. Holmes was not specified,
and that it might have been awarded to Mr. Crosby on some matter
of difference between him and Mr. Holmes, independent of the
action which was then left undecided.

Mr. HEATH argued that if there was any separate matter of dif-
ference between Mr. Crosby and Mt. Holmes, on which the award
could hate been made, the onus lay on his Learned Friend to show
that such was the case, as a mere assumption of- the fact was install-
dent. He also cited a great number of cases in which the circum-
stances were similar to the present one and in which the award of
the arbitrator was considered to be final.

..... --.....—. .. —.--...,....... _ ...._.
Mr. CROMPTON was hoard at some length against the validity of the
award.
_ . .
_ . .. .

_ . .......,..
Mr. Justice WILLIAM said that it did appear to him that some
part of the case placed undor the consideration of the arbitrator had'
not beet% decided, and, therefore, the rule nisi obtained by Mr.
Crompton must be made absolute.

EXCHEQUER.-{THIS DAY )

• IRELAND.
THE LAW APPOINTMENTS

SUN JANUARY 23, ii 34 6 piacE SD.

The Queen Went in State 'yesterday to the House of Lords, to
open the Sessions of Parliament with a Speech from the Throne,
.The Staid Procession was formed at BUckingharn Palace, at half-
past one o'clock, in the following order :
A carriage, drawn by six bays, conveying Three Gentlemen
Ushers in Waiting ; the Exon of the l'emnan of the Guard, Sir
Samuel Hancock ; and the Page of Honour„ the Hon. Mr. Forbes.
'A carriage, drawn,by a set of bays, conveying the Groom of the
Robes, Captain Francis Hugh Seymour ; the :silver Stick in Waiting,
Colonel Cavendish ; the Groom in Waiting, Admiral Sir Robert
Otway, G.C.B. ; the Groom in Waiting to Prince Albert, Captain
Francis Seyniour ; and the Page of Honour, Mr. Byng.
A carriage, drawn by a set of bays, conveying' the Comptroller of
the Household, Colonel the Right Hon. George L. Dawson Darner;
the Clerk Marshal, Lord Charles Wellesley; the Equerry in Waiting,
Colon; Buckley; the Equerry in Waiting to Prince Albert, Colonel
Bourerie; and the Field Officer in Waiting, Colonel Knollys.
A carriage, drawn by a set of bays, conveying the Lord in Wait-
ing, the Marquis of Ormonde, K.P. ; the Treasurer of the Household,
Earl Jermyn; and the Lord in Waiting to Prince Albert, the Mar-
quis of Granby.
A carriage, drawn by a set of black horses, conveying the Lady
In Waiting, the Viscountess Jocelyn; the Lord Steward, the Earl of.
Liverpool, G.C.B. ; the Gold Stick in Waiting, the Marquis of An-
gime, K.G. ; and the Groom of the Stole to Prince Albert, the Mar-
quis of Exeter, K.G.
Her Majesty and Prince Albert left the state rooms, and were can-
ducted by the Lord Chamberlain and the Vice-Chamberlain to the
state coach, her Majesty's train being borne by the Pages of Honour
in Waiting. Her Majesty and his Royal Highness entered the coach
at twenty minutes before two o'clock. The Queen's Guard of the
Duchess
ey Sovereigna.cl
1.
,B: withsuacteitohepeupcsu
opposite
h,
eetrnh oe u
Disasters.
Scots Fusilier Guards, and the band of the regiment, received the
.Thoet 3tlhiestHieossrsoef,
ththeeEaßrolbeofs,
jterhe.
Majesty and the Prince.
The..reothen of the Guard in the Grand ;Jail were commanded by
the Lieutenaht, Sic George Lee; and the'Adjutant, Mr. Ellerthorr.
The state coach, en leaving the: Palace, was preceded by the
Queen's Marshalmen, the Queen's Footmen and a party of the Yeo-
men Guard. The escort to the House of Lords was composed of the
Royal Horse Guards. _
The royal procession returned 'to Buckingham Palace at three
o'clock, her Majesty being received at the Grand Entrance by the
Lord Chamberlain and .the VicelChamberiani, and being handed
from her carriage by the Clerk Marshal.
Their Royal Highnesses the Prince of Wales, Prince Alfred, the
Princess Royal, and.the Princess 'Alice were taken their accustomed
m Palace included c
The royal dinner party yesterday at Buckinga
airings yesterday in the gardens of BuckinghimuPalace.
the Earl of Liverpool, the Hon..and Rev. U. Leslie ourtenay, and
Captain Francis Seymour.
' The band of the Royal Horse Guards was in attendance during
dinner, and performed the following pieces

. .
.31-arch—Tinton.
Waltzes, " Bier Lurben—Straus.
Charivari—Zuheiner.
Chorus, "Antigone"—Mendelssolut. •
Scherzo—Beethoven. . .
' Quadrille, "La Sido."—Bosisio.
Her Majesty's private band afterwards attended at the Palate.
Her Royal Highness the Duchess of Rent left her residerits6,
Frogmore House, yesterday morning, and arrived at Clarence House,
St. James's, at one o'clock, attended by Lady Fanny Howard and
Sir George Couper, Bart. Her Royal Highness visited her Majesty
in the afternoon, and afterwards left Buckingham Palace on her re-
turn to Frogmore House..

SPORTING INTELLIGENCE.
TATTERSALL'S—YESTERDAY,
The business transacted yesterday afternoon was in small
sums, and was governed in nearly every instance by Mon-
day's prices ; a disposition to back Mickey Free, indulged
two or three times at 1,000 to 30, was the only decided fea-
ture. Closing averages :
NEWMARKET HANDICAP.
300 to 15 agst Mr. Jaques's Anti-Repealer—taken
THE CHESTER CUP.
33 to 1 agst Lord G. Bentiuck's Best Bower—taken and
afterwards offered.
33 to 1 agst Mr. Irwin's Mickey Free—taken freely
35 to I agst Mr. Irwin's Warp -take 40 to 1
40 to 1 agst Mr. Meriy's. Whinstone—taken
.. 40 to-1 agst LOrd Howth's Mermaid—taken and after-
wards offered
40 to' 1 agst Mr. Irwin's Ould Ireland—take 45 to 1
45 to 1 agst Mr. Woffenden's Miss Burns—taken
66 to 1 -agst Mr. E. R. Clark's Mervls.
DERBY.
11 to 2 agst Lord E. Russell's Sting-145 to 25 taken
14 to 1 agst General Shubrick's Brocardo—taken
25 to 1- agat Colonel Anson's lago taken and afterwards
offered
30 to 1 agst Mr. namsey's Malcolm—taken and after-
wards offered
30 to 1 agat Mr. E. Peel's Spithead—taken to 1001.
30 to 1 agst Lord Chesterfield's Ginger—ditto and after-
wards offered
35 to 1 agat Mr. Meiklam's Fancy Boy—taken
2000 to 50 agst Sir J. Hawley's Humdrum—taken
1700 to 900 and 2000 to 1000 on Sting agst Dawson's let was
laid on Wednesday.

PARLIAMENTARY BUSINESS.
THURSDAY, JAN. 22.

Sir Robert Peel,—Appointment of a .Committee to consider the
mode in which the House shall deal with the Railway Bills proposed
to be submitted to the House during the preeeut session—Monday,
Jan. 26‘

Sir Thorium Fremantle,-13111 to amend the Drainage Acta in Ire-
.
land—Monday, Jan. 26.

Sir Robert Peel,—Statement as to Commercial Policy and the
Corn-lawS ;,in Committee of the whole House—Tuesday, Jan. 27.
•Dr. Bowring,—That the House do. agree with their llommittee in
the Resolutions of last session on Colonial Accounts—Tuesday, Jan. 27.
Dr. Bowring,—Correspondence or Extracts of Correspondence on
the subject of a reform of the House of Keys, in the Isle of Man (in
continuation of Parliamentary paper of session, 1845). Copies or
Extracts of Correspondence on the subject of the remuneration of
Colonel James Campbell as 'a Member of the House of Keys, and his
refusal to serve ; with proceedings consequent thereon. Copy of the
Oath or Declaration taken by the Members of the House of Keys on
their admission—Tuesday, Jan. 27.
Captain Pechell,—Copy of any Letter and General Rule issued by
the Poor-laW Commissioners relative to the emloyment of Paupers in
pounding, [grinding, or otherwise breaking bones, or in preparing
bone dust—Wednesday, Jan. 28.
Sir Charles Napier,—Select Committee to inquire into the powers
granted by the Act 7 *and 8 Vic , c. 101, to the Poor-law Commis-
sioners to erect District Asylums, for the casual poor in the Metro-
polis ; also how far the establishment of these Asylums is consistent
with the principle of the existing Poor:claws—Thursday, Jan. 29.
Lord Ashley,—Bill to reduce the hours of working of young per-
sons in factories to ten in the day—Thursday, Jan. 29.
Lord Ashley,—To bring under the consideration of the House the
state of the juvenile population In many parts of Loudon, Westmin-
ster, mid Southwark—on a future day.
Mr. Mackinnon,—To call the attention of this House to the Reso-
lution of the House on the Bth day of April of last session :—" That
the practice of Interments within the precincts of the Metropolis'and
largo Cities is injurious to the Health of the Population, and demands
the serious attention of Parliament"—an early day.
Sir C. Napier moved for a Return ofSteam Vessels (bearing Captains),
showing their length, breadth, and depth of hold, tonnage, number
of guns they mount on each deck, and weight of metal, number of
guns they can point forward and aft on each deck ; quantity of coals
they stow, and the number of days-the coal will last at Hill steam ;
the height of main deck ports when the coal is on board, and the
depth under water of the upper part of the lower floats ; the esti-
mated: draft of water with everything on board, and the actual
draft; likewise the cost of each vessel.—Ordered.

Sir C. Napier also moved for a Return of the weights, draft of water,
&c., of the Ezperimehtal Squadron, on the 2d and 3d cruize, similar
to the Return of the first cruize; the greatest inclination of each
ship when carrying sail, and the grcatest number of degrees each
ship rolled, and the number of spars sprung and carried away during
the cruizes ; their defects on returning into port, and the expense of
making the defects good.—Ordered.

DtraLix, JAN. 21.—The vacancy in the office of Solicitor-General
still continues, and the rival claimants are unremitting in their
exertions.
Other changes on the judicial bench are spoken of. The Nenagh
Guardian, a Tory paper, mentions the retirement of Judge Burton.