The Sun.
London, England, 1846-03-21 00:00:00

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No. 16,693. LONDON, SATURDAY '73 VI
-

riATIONA.L LOAN FUND LIFE ASSUR-
ANCE SOCIETY,
26, COENEIELL, LONDON.
Capital A 300,000.
Empowered by Act of Paribrommt.
This institution Grass important and hulatantial advan-
tages with respect both t Life Assurances and Deferred Mutilates.
The assured has, on all oesasions, the power to borrtvr, without ex-
pense or forfeiture of the Policy, two-thirds of the premium paid,
(see table); also the option of selecting benefits, and the conversion
of hi. interests to meet other conveniences er necessity. Assurances
for tenets cf years are granted on the lowest possible rates.
DIVISION OF Pl0FIT:.
The seccess and inereakArz of the Society lie.s enabled
the Directors, at the last anunal investigation, to declare a third
Bonus, varying from 31) to 73 per cent. on the premiums paid on
‘ach Policy ettcted on the Profit seals.
EXAMPLES.

=,, 3 Pre
min,„- , Bonus Ferrasth fro ›,,f,
. 1 ! added. Cash. E'4 gg &Er,
1 ' 1g 5 "
'---- -
d.. 1837 £l9l 13 Ii 487 13 h ZI3 17 1 4395 Il 1
1838 165 13 0 74 13 10 11 8 6 346 2 1
60 1000 74 3 4 1839 138 13 6 61 14 3 9 210 296 13 4
1840 89 0 0 41 13 4 6 0 0 247 4 5

The dAdaion of profits is annual, and the next will be made in De-
cem Her of the present year

F. FERGITRON CA!AR(TTX. gfQ.

UNDER THE ESPECIAL PATRONAGE OF HER MOST
GRACIOUS MAJESTY THE QUEEN.
riE ROYAL NAVAL, MILITARY, EAST
INDIA, and GENERAL LIFE ASSURANCE SOCIETY,
13, WATERLOO-PLACE, LONDON.
DIRECTORS.
CHAIRMAN—LIent.-Colonel Sir FREDERICK SMITH, K.II.
DEPTITY-CHAIRMAN*—OOI. Sir WILLIAM GOSSETT, G. 8., K.C.H.
Admiral the Right Hon. Sir G. Cockburn, G.C.8., M.P., Lord of the
Admiralty
Major-General Sir J. Cockburn, Bart., G.C.H.
General Sir Thomas Bradford, G.C.8., G.C.H.
Major-General Sir P. Ross, G.C.M.G., K.C.H.
Lieutenant-General Sir F. W. Mulcaster,
Lieutenant-General Sir John Gardiner, K.C.B.
Major-General Sir Hew D. Rose, K.C.8., R.A.
Major-General Taylor, C. 8., E.I.C.S.
Major-General Edward Wynyard, C.B.
•
Major-General Arnold, K.H., R.E.
Major-General Cleiland, E.I.C.S.
Lieutenant-Colonel H. Hamner, K.H., late R.H.G.
Lieutenant-Colonel Purchas, E.I.C.S.
Major Chadwell Clerke, K. 11., F.E.S.
-At chibald Hair, Esq., 111. D., late It.H.G.
Captain Melville Grindlay, E.I. Army Agent
Captain William Lancey, R.E.
William Chard, Esq., Navy Agent
James Nugent Daniel, Esq.
ActuAßY—John Finlaison, Esq., the Government Calculator.
Assurances are granted upon the lives of persons in every station
of life, and for every part of the world, upon particularly favourable
terms.
Persons assured in this office may change from one country to ano-
ther without forfeiting their policies.
A Bonus, amounting to thirty per cent. on the actual value of the
policies, was apportioned to the assured at the First Septennial Meet
hug, held in the year 1844.

JOSEPH C. BRETTELL, Seerettvy.

ME PROTESTANT DISSENTERS AND
GENERAL LIFE AND FIRE ASSURANCE COMPANY.

-
Instituted 1827.
Empowered by Special Act of Parliament, 3 Vic., c. 20.
62, KING WILLIAM-STREET, LONDON-BRIDGE, LONDON
21, ST. DAVID-STREET, EDINBURGH ; and
KING-STREET, QUEEN-SQUARE, BRISTOL.
Capital—One Million.
TRUSTEES AND DIRECTORS.

George Bousfield, Esq. Charles llindley, Esq., M.P.
Thomas Challis, Esq., Alderman Thomas Piper, Esq.
Peter Ellis, Esq. Thomas B. Simpson, Esq.
Jacob G. Cope, Esq. Edward Smith, Esq.
John D'xon, Esq. Hon. Charles P. Villiers, M.P.
Joseph. Fletcher, Esq. John Wilks, Esq.
Richard Holier, Esq. Edward Wilson, Esq.
On the return of. Lady-Day, the Directors beg to remind
their friends and the public that, in the Fire Department they
receive risks of all descriptions, including Chapels, School-rooms,
Mills, Goods, and Shipping in Docks, Farming Stock, at the same
reduced rates as other respectable Companies, and make no charge on
policies transferred from other Offices.
In the Life Department they continue to transact all business re-
lating to Life Assurances, Annuities, and Family Endowments, upon
the most liberal terms consistent with sound priuciples and public
security. _

.Loan; also are granted on equitable terms to life assurers on life
interests or satisfactory personal securities. To all agents and soli-
citors, auctioneers, and surveyors, liberal allowance will be made.

By order of the Directors,

THOMAS PRICE, Secretary.

LONDON, EDINBURGH, and • DUBIAiN
LIFE ASSURANCE COMPANY,
3, Charlotte-row, Mansion-house, London.
RICHARD SPOONER, Esq., MY., Chairman.
BENJAMIN WILL, Esq., Deputy Chairman.
The indisputability of the policies granted by this Company—'
' he obligation to pay the sum assured, although thedebt for which
the policy was taken out may have been paid before the claim arisea—
Whole world policies not confined to the limits of Europe
Opt;on of half-premium payment for the first seven years—
These form a combination of advantages which can be obtained
only from the London, Edinburgh, and Dublin Life Company.
The success which has attended the system of Assurance pursued
by this Company is illustrated by the fact, that at the General Court,
held en the 9th day of July last, there was declared
A REDUCTION OF 25 PER CENT.
on the current year's premiums of all participating policies opened on
or before the 9th day of February, 1841. •
Thus, a person aged 40, who opened a policy for 1,0001.
in February, 1841, at an annual premium of .....
Is called upon to pay this year only
And if this abatement be applied to pay the first year's
premium of an additional policy, the party will be
further assured to the extent of ..... ••
Proportionate benefits accrue to policies on all ages.
Copies of the last reliort, containing a full exposition of the prinel-
ples 'and practice or the Society; -Indy' be obtained' by -tippTying'itt
the head office, or any of the agencies.
ALEXANDER ROBERTSON, Manager.

M. MICHELET'S NEW WORK.
't his day is published,

•.£32 10 0
. 24 7 6

SHE PEOPLE. By M. MICHELET, Author
of " Priests, Women, and Families." Translated, with the
Author's approbation, by C. COCKS, Translator of Michelet's
`Priests, Women, and Families." A Library Edition, in 1 vol. post
Bvo., price 9s. ; and also a Cheap Edition, uniform with M.
Michelet's "Priests, Women, and Families," price Is. 6d.
London Longman, Brown, Green, and Longman.

THE FREEMASON'S QUARTERLY
REVIEW, for APRIL, contains :
The Re-election of the Earl of Zetiand, as Grand Master—Leading
Article—On Freemasonry by Dr. Oliver—Reply to Sit Lux, by Dr.
Slade—Study of Masonic Antiquities, by Bro. T. Pryer—Masonry in
Liver •ool—A. Legend of Syria, by Cato—Freemason's Lexicon—
College Musings—Grand Picture of Robert Burns—Poetry—The
Grand Lodge—Col. Tynte, the Grand Master of the Masonic Tem-
plars—The Charities—Chit Chat—Obituary—American Masonry—
Drs. Burnes and Grant. in Bombay, &c. &c.
Sherwood, Gilbert, and Piper, 23, Paternoster-row.—Price 3s.

Tust publishod, price Is., the. Fourth Edition (translated from the
Nineteenth French Edition),

CONSTIPATION DESTROYED ; or, Expo-
sition of a Natural, Simple, Agreeable, and Infallible Means,
not only of overcoming, but also of completely destroying, habitual
Constipation, without using either purgatives or any artiticial means
whatever (discovery recently made in France by 31. Warton), fol-
lowed by numerous certificates from eminent Physicians and other
persons of distinction. Free by post, Is. Gd.
Sold by James Youens and Co., Tea dealers, 45, Ludgate-hill
London ; and by all Booksellers in the United Kingdom
DR

Elegant Pocket Edition, price ls., by post Is,Cd

CULVERWE'EL ON MARRIAGE,
its HINDRANCES and OBLIGATIONS.

To be or not to be, that la the question."--Shakapeare.

Contents :--On Matrimonial Eligibility and Unfitness—Laws
Paternity—Phenemena of Gestation—On Maternal Influence—Or
infelicitous and unproductive Unions—Curiosities of Medical Experi-
ence, Cases, &c. &c.
Also Companion to the same, price Is., by past ls. fid

RAILWAYS—JUST PUBLISHED,
THE BROAD and the NARROW GAUGE;
or, Remarks on the Report of the Gauge Commissioners. By
II ILNRY LINHINGTON, Esq , late Pillow of Trinity College, Cam-
bridge. Bvo., price Is.
OBSERVATIONS on the REPORT of the GAUGE COMMIS-
SIONERS, presented to Parliament. Folio, with plans, price Is.
A COLLECTION of the SPECIAL ACTS authorising the Con-
struction of Railways, passed the 8 and 9 Viet., Sees. 1845, with
Tabular Abstract, Introduction, and copious Indexes. Two vols.
12na0., cloth, price 245.
A TREATISE on the PRACTICE of COMMITTEES of the
HOUSE OF COMMONS, with reference especially to Private Bills.
By CHARLES FRERE, Esq., Barrister-at-law, and one of the
Clerks in the Office of the Chief Clerk of the House of Commons.
Bvo. cloth, price ss.

Westminster: James Bigg and Son, S 3, Parliament-street; Simms
and Denham, Manchester; Slocombe and Simms, Leeds; Shams
and Son, Bath; T. Clark, 38, Geotgo-street, Edinburgh; and V.
Delany and Son, Law Library, Four Courts, Dublin.

LAW ISTELLIGENCE.
HOUSE OF LORDS. March 20.
The House sat to-day to hear Scotch appeals. The Peers
present were Lord Brougham, Lord Cottenham, and Lord
Campbell.
DeLEAN V. THE OFFICERS OF STATE OF SCOTLAND.

The arguments on this appeal were concluded to-day, and
Their Lordships gave judgment reversing the decision of
the Court below.
THE EARL OF HOPETOUN V. RAMSAY.
This case was postponed to Thursday next, on the applica-
tion of the counsel for the appellant, who consented to pay
the costs of the day.

SECONDARIES COURT, March 20.
There was only one case in the list, which was for work
done, it was undefended, but the witnesses not being in at-
tendance the case stood over till one o'cicck. It was not of
the slighest interest.
THE QUEEN V. THE ESTATE OF JONES.
This was an inquiry on a writ diem clauset extremen,
directed to the Sheriffs of Lom?on to ascertain whether the
said Henry Thomas Jones, of Sudbury, Suffolk, was alive
or dead, and if dead, when and where he died, and of what
property he was possessed at the time of his death,
within the Bail wick of the Sheriffs of London.
The Solicitor to the Excise said that this proceeding was
similar to a writ of extant, at the suit of the Crown ; but
Jones, the debtor, who was dead., being in arrear for malt-
duties to the amount of 1,0331. l Os. Ild.
A witness was called, who proved that the deceased, H.
T. Jones, committed suicide in one of his own malthouses,
at Sudbury, on the 4th inst.
Mr. J. E. Whittle, one of the officers of the Sheriff's of
London, proved the seizure of 125 quarters of malt, at the
premises of Messrs. Randall and Co., corn-factors at Queen-
lithe, on the 7th inst.

Mr. Charles Randall, on being desired to value the malt
at a low price, valued it at 48s. per qr. for 121 qrs. of good ;
and 455. for 4 qrs. damages; he had a claim of 14/.lls. Bd. for
freight and warehouse-room.
The jury gave a verdict for 3001.

ASSIZE IN TEL LIGENCE.
HOME CIRCUIT, Lewes, March 19.
William Freelove, 29, and John Purfitt, alias Perfect,
26, were indicted for feloniously removing 80Ibs. of
indigo, value 201., the property of Vander Vandermulen.
In other counts of the indictment it was stated that
the property in question had been cast ashore from a
wrecked vessel, and that the prisoners unlawfully kept
possession of it, and neglected to deliver it up to the ser-
geant of the. Admiralty, who was duly empowered to
take it on behalf of the owners of the vessel, and which
neglect is make felony by special statute.
In some other counts, the property was said to belong
to her Mejesty and to the Duke of Wellington, as
Warden of the Cinque Ports.
Mr. Horne conducted the prosecution, and Mr. Cob-
bett appeared for the prisoners.
It appeared from the evidence that on the 28th of
December last, a Dutch Indiaman, called the Twee
Corndlissen, was wrecked on the Sussex coast, near
Hastings, and the vessel, which was laden with 550
chests of indigo, and other valuable articles, eventually
went to pieces, and the cargo was washed ashore for
several days afterwards, and considerable portions of it
strewed the beach. Nearly four hundred of the boxes
of indigo thus cane ashore, and it would appear that
the prisoner Freelove had engaged a fly, and that he
and Purfitt placed one of the boxes of indigo in it, and
conveyed it to Hastings, at which place one of the men
belonging to the preventive service interfered, and, sus-
pecting something was wrong, he took possession of the
property, which turned out to have formed part of the
cargo of the wrecked vessel.
Mr. COBBETT took some technical objections to the
indictment, but they were overruled, and the jury found
Freelove guilty, and acquitted the other prigoner.
Lord DENMAN sentenced him to be imprisoned and
kept to hard labour for four months.
William Binstead, the Post-office clerk, who was con-
victed on Tuesday of stealing a gold watch from a letter,
was brought up for judgment, and sentenced to be
transported for seven years.

WESTERN CIRCUIT.—Exeter, March 19.
The commission was opened in this city yesterday by Mr.
Baron Rolfe. The cause list presents a very small number
of ,casas, but there aralwAiikis understood, relating to rail-
way provisional committees, and there is one case of breach
of promise of marriage; so that, perhaps, the public may be
more than commonly amused. The calendar has not more
than an average number of delinquents. There are two
cases of infanticide, and there is one of inciting another to
murder.

This- morning their Lordships attended divine service in
the Cathedral, and then repaired to the Castle, Mr. Justice
Erie presiding in the Crown Court, and Mr. Baron Rolfe
sitting at Nisi Prius.
_ _

Justice ERLE, in charging the grand jury, observed,
that there were two cases of child-murder ; with regard to
one of them, as far as he could judge, it did not contain any
cogent evidence that the bruise upon the head of the child
was inflicted intentionally by the mother. If there was not
cogent evidence likely to lead to a conviction for murder, it
would be much better that the solemn trial should not be
had, and then there would be a bill presented for the con-
cealment of tilt. birth. There was a charge of inciting
another to commit murder, and therefore he thought it
probable that a bill would be put before them for murder.
The party shot was a gamekeeper. The only observation he
should make would be this —if they should be of opi-
nion that the accused person and the person who
shot the deceased, together with others, were out for
the common purpose of using fire-arms to attack the game-
keepers, he was of opinion that the firing of any one of the
party so engaged in one common purpose would be the firing
of all, and all persons engaged in that common purpose
would be guilty of murder. They were to be satisfied that
the prisoner accused of that crime was engaged in a common
purpose with the man who fired the gun of using their fire-
arms against the keepers in case the keepers should come
forwards.

(-Before Mr. Justice ERLE.)
William Wright and Charles Arnold were indicted for bur-
glariously breaking into the dwelling-house of Edward Frost,
and stealing therefrom many articles, his property.
Mr. Phinn conducted the case for the prosecution, and
Mr. Cox defended the prisoner Wright.
On the 3d of August the prosecutor and his sister lived
•together at a farm called Holcombe Farm, near Tiverton.
They slept in one room. In the night they were awoke out
of their sleep by a noise, and then they saw a light, and im-
mediately afterwards rnold entered the room. His face
was blackened. Wright followed him with his face black-
ened. Arnold bad lived in the service of the prosecutor for
six months. They took some things out of the room and
went down stairs; and then Wright returned with a light in
his hand. One of them struck the old man and cut his
cheek. He begged him not to hurt him, and called out for
mercy. The prisoners said " Life or money." The old man
told them his money was in his breeches pocket. Arnold took
it out, and then they said they wanted some blankets, and
they took those which were on the old man's bed. Both the
men had bludgeons. The men were in the house half an
hour. The prosecutor gave a description of the men to
the police, and Arnold was apprehended the same morning
near the premises going to work. Arnold's shoes were
compared with some marks of footsteps in the prosecu-
tor's garden, but he was at the house the day before as a
servant. Arnold was seen near the spot at five o'clock on the,
morning after the burglary had been committed. Ho was a
farm labourer. Upon examining him there was the appear-
ance of lamp-black near his ear and on his hair, and in his
pocket there was sonic lamp-black in a paper, and a bit of
greasy tape, a box of Inciter matches, a fork, a clasp knife,
and a gimlet. When Arnold's Ades were compared with
the tracks he said those were his tracks, and that he had
used the lamp-black to grease his boots at Wright's house.
The door of the prosecutor's house had been broken, and
b)iien Arnoldthat means w
theas
beingrobb exershaadminenedteraetd.thlet
Town-hall,appeared thatat
w
Tiverton, Wright entered the hall, and he was then pointed
out by the prosecutor.
Mr. Cox, for Wright, argued that the evidence of identity
should always be looked at with strictness.
Arnold, in hit! defence, said that the prosecutor had got it
all up for spite, because he owed him wages.
The jury wanted to ask the prisoners where they were, but
The JUDGE said that was not the way the law was admi-
nistered in this country ; prisoners might state what they
pleased, but they must not be asked any questions.
The Learned JUDGE then summed up, and
The jury Acquitted both the prisoners.
NISI PRIUS COURT.
_ _ _

Mr. Baron Rolfe very soon disposed of six out of the 15
causes, and the counsel having urged upon. his Lordship
that they were not prepared to go further, he, evidently
with great reluctance, consented to the other cases being
postponed till the next morning, and he then tried some of
the prisoners. _

March 20.

The Learned Judge took his seat at nine o'clock. The
first case called on was one respecting
THE LIABILITY OF RAILWAY ALLOTTEES.
WOOLMER AND MITERS V. TOBY.
Mr. GREENWOOD opened the pleadings, and
Mr. CROWDER, Q. C., stated the case. He said this was
an action brought by the plaintiffs against the defendant, to
recover damages for the breach of an agreement which the
defendant had entered into. The amount of damages was
1051., that being the sum according to the agreement be-
tween the parties the defendant had undertaken to pay to
the plaintiffs. The jury were all aware that when a bargain
was entered into between two persons, or two sets of persons,
it was to be kept, and if one broke the bargain, the law
would come in and oblige him to fulfil his engagement.
This action arose out of an agreement entered into with re-
ference to a railway company, and very likely many of the
jury had heard, among other projects in the autumn of last
year, there was a company called " the Direct Exeter and
Plymouth Railway Company." It was a line of railway
that was considered to be very favourable in all its parts—
it was an economical line—a direct line—and one expected
to be exceedingly serviceable to the county. Of that dpinion
it would appear there was a very great number of persons who
were anxious to be connected with this Company, and to
have shares. Among others, Mr. J. Toby, the younger, who
he believed was an attorney of this city, was an applicant to
belong to this Company, and did apply to have shares in it,
which shares were afterwards allotted to him by the mana-
ging directors of this Company; and when the shares were
allotted, he refused to pay the depo3its ; and this action was
brought, and the jury would be called upon by their verdict
to give the plaintiffs theamount of damages asked. The Com-

pany was provisionally registered (as it was called), under
the provisions of a particular Act of Parliament, and it was
always necessary, in these matters, that a few should be
selected as a committee, for the purpose of managing the
affairs of the concern ; and it appeared that on the 7th of
October, the persons who had been appointed to carry on
this company, selected out of their body seven gentlemen,
who were a committee of management. These seven gen-
tlemen were the plaintiffs upon the record, and they were,
Edward Woolmer, Esq. (late Mayor of Exeter), Lieut.-
Colonel Ellis, Major D'Urban, John Eyre Kingdon, Esq.,
B. Salter, Esq., W. H. Tanner, Esq., and S. S. Bastard,
Esq.; all these gentlemen were living in and about Exeter,
and were very fit to conduct this undertaking. On the 7th
of October the affairs of management; were first entrusted
to these gentlemen Shortly afterwards it was found that
a great many applications for shares-were made, the appli-
cants numbering 721 persons. The capital required was a
million, to be supplied by 40,000 shares of 25/. each, deposit
2/. 12s. 6d. on each share. At this time Mr. Toby sent this
letter :
TO THE PROVISIONAL COMMITTEE OF THE DIRECT EXETER
AND PLYMOUTH RAILWAY.
"I request you will allot me fifty shares of 25/. each in
the above railway ; and I undertake to'accept the same, or
such number as you may allot me, subject to the regulations
of the Company, and to sign the necessary documents, and
to pay, when required, the deposit of 21. 123. 6cl. per share."
Nothing could be more clear than the terms in which the
defendant wrote to have shares allotted, to him, and to pay
the required deposit of 21. 12s. 6d. per share. No shares
were immediately allotted, because it was necessary to see in
what condition the Company were likelix..to be, and how the
shares could be proportioned. All tlisie 'were matters for
consideration. This letter was sent on the 13th of October.
1845. At that time it appeared there was a meeting ;'and
it seemed from the great number of applicants that it would
be a very thriving concern, and in all probability the matter
be generally taken up. It was neces =ary there should be a
survey of the line; and engineers were. appointed by a reso-
lution of the committee on the 13th os4.l'Ss rf October—the
engineers being Mr. Red:maw-and anbther personfhr the
purpose of surveying the line. On this occasion also it was
necessary to have lawyers—always a necessary evil in such
cases—who must prepare all the various Parliamentary
contracts and other matters, and advertisements, in order
that the public might be apprised of the undertaking.
These persons were appointed ; and he believed all these
gentlemen, and all the other officers of the Company,
were persons of the highest respectability, and he
defied his Learned Friends (Sergeant Kinglake and Mr.
Montague Smith) to bring any proof of this being a bubble,
or of being only established fur individual gain. It was a
bona fide Company, supposed to have an exceedingly good
line, which would be beneficial to the country. The soli-
citors were Messrs. Woollcombe and Square of Plymouth,
and Mr. blond of Exeter. Of course, expenses were in-
cuffed ; and the jury would remark that before any
engineers were employed, and before any expenses were
incurred, the gentlemen who acted as the provisional com-
mittee of management took care to be perfectly sure, by the
number of persons who applied for shares, there would be
plenty of funds to meet their engagements, because the
jury would know, now that railways bad been carried out
to so great an extent, all these things were attended with an
enormous expense. Those expenses must be paid ; and it'
was on the faith of the people subscribing on making appli-
cation for shares, that the committee were induced to incur
these expenses. There did come some panic. The parti-
cular period of the panic he did not know, but it took place
during the latter end of last autumn, and had operated
during the winter. But subsequently to the proceedings he
had narrated, on the 15th of December, the allotment was
made, and the defendant received a letter, which allotted to
him not the whole of the 50 shares, but 40 shares. The
letter was sent in the ordinary form, and was signed by Mr.
Farrant, the secretary ; and it informed Mr. Toby that the
deposit of 2/. 12s. 6d. on each share, must be paid on or
before the 20th of December then current. The letter also
stated that the plans and sections had been deposited in order
to go to Parliament in the ensuing session. This was quite
true. This letter being sent, the Learned Counsel contended
that there was a distinct agreement and a complete bargain
entered into ;-36,000 shares were allotted, and the de-
fendant became bound to pay the deposits allotted to him.
Out of the number of shares allotted, very few persons
indeed paid any deposits, leaving the provisional com-
mittee, who had incurred these considerable expenses,
without the means of paying for them ; for he should tell
them that the expenses incurred amounted to upwards
of 6,0001.; but if the parties had paid their deposits, there
would have been ample funds, but without these payments
there were no funds whatever. Mr. Toby, jun., seemed to
have set himself against the Company ; the Learned Counsel
did not know whether he was at the head of this opposition
or not, but he was informed that there was a club or union
of all those persons who had not paid their deposits, and
they defended this action, and were determined to defeat, by
every means in their power, the claims of the provisional
committee, because to all these persons it was most important
that this action should fail. Everything which had been
done had shown that the gentlemen who had consented to
conduct the affairs of this Company without remuneration,
had been only anxious to do their duty to the public. A
circular was sent round to the allottees ; and this was
done with the best possible motive, in order that if the
project should not proceed further, they should obtain in.
demnity for the expenses incurred. This circular was sent
round on the 31st of December to the defendant ; in this
it was stated that the committee of management had
undertaken to pay 3s. on 200 shares each, and the provi-
sional committee 3s. on 100 shares each, and the allottees
evFejappiiedto f,,r 3s n the shau? allotted to them.:fo this
no reply Was received- 6 Le—arned Counsel, In conclusion,
said, the pleas of the defendant amounted only to a denial
that any agreement was entered into ; on one of these pleas,
that assuming that an agreement was entered into, but re-
presenting that the defendant had been induced to make it
on account of fraud on the part of the plaintiffs, the Learned
Counsel commented with much severity.
The letter of Mr. Toby applying for shares having been
put in, Mr. Granby Farrant, secretary to the Direct Exeter
and Plymouth Company was examined, and proved some
of the facts detailed by Mr. Crowder. This witness was
subjected to a long cross-examination by Sergeant Kinglake,
and it appeared that he had not produced some prospectuses
which he had been subpoenaed to bring with him ; and the
Learned Judge said if this was so, he might be proceeded
against. Witness stated that no Parliamentary contract or
scrip was prepared, as it would have added considerably to
the expenses.
Sergeant KINGLAKE objected that the committee of
management was a committee of management for the Com-
pany, and that there was no contract entered into by Mr.
Toby with that committee. If there had been a contract, the
committee of management were not the parties to sue.
The JUDGE said he would reserve the point.
Sergeant KINGLAKE then contended that there had been a
change in the provisional directors after the application,
and before the allotment had been made ; and that, there-
fore, there could be no contract between the defendant and
them. It was a different scheme now to what it was before.
He contended that there was evidence that the committee
of management itself was changed; and if that were over-
ruled, it would be sufficient that the provisional directors
were changed ; and the defendant was only bound to take
shares in the Company as it was when he applied. He also
argued that Mr. Toby had applied to take shares in a scheme
of 40,000 shares, which meant that 40,000 shares should be
allotted. Here 40,000 had not been allotted, and the con-
dition on the part of the Company had not been carried
out; and the defendant was not bound to pay his deposit,
except in a scheme in which 40,000 shares had been allotted.
If the defendant had paid his deposit, and the whole shares
bad not been allotted, he would be entitled, as in the case of
Hodgson against Spottiswoode, to receive the whole back
without any deduction for expenses. He also took a techni-
cal objection to the declaration, on the ground that it set
out that the defendant had agreed to pay the deposit on the
20th of December, whereas his letter of application stated
his readiness to do so when required.
The JUDGE was of opinion that this was
the proper form
of averment under the circumstances.
Sergeant KINGLAKE, in continuation,
contended there
had been no allotment of shares, as shares could only exist
after the Act of Parliament had been obtained, whereas this
must be treated as *an abandoned scheme, in which the
~
projectors could not recover a sixpence. Ha contended
that if the jury should be of opinion the allotment was
properly made to the defendant, the damages should be 31
the proportion of 3s. per shire for the expenses, and not
105/.

The JUDGE said he would reserve the points, and give
Sergeant Kinglake leave to move for a nonsuit in the court
above.

Mr. Farrant was recalled, and it appeared that Mr.
Berkeley and Mr. Tombs withdrew from the provisional
committee between the periods of the application and the
allotment, but no public notification was made of their with-
drawal.

Sergeant KLNGLAKE then addressed the jury, and con-
tended that the allotment was not made within a reasonable
time after the application. He denied that any club had been
formed for the purpose of defending the case. He said it
was not impossible that if the shares had risen in the market
during the interval which bad elapsed, Mr. Toby would
never have heard of any shares being allotted to him, and
that the provisional committee would have taken them all
themselves, and the profits would have gone into their
pockets. But as it happened that a panic took place, the
shares were only allotted after the scheme had been virtually
abandoned, in order to get the money for the expenses from
the pockets of the allottees.
Mr. CROWDER, in reply, said that the remarks of his
Learned Friend might as well have been spared, as the evi-
ev and bona fide railway
deuce which had been produced by his Learned Friend in the
cross-examination of Mr. Farrant, clearly proved that if
Company. Everyad been elicited by
er
his Learned Friend proved this fact, and he bad failed to find
scheme,t h e re e
it wasw
as a
the genuine,
Di Direct
circumstanceet h ounxosutrear
which band Plymouth Railway
bl
any one point in which he could show misrepresentation or
collusion.
The JUDGE said it was impossible to call the interval be-
fore the allotment an unreasonable time.
There were 40,000
shares to be allotted, and applications were received from 721
people. It was true that 40,000 shares had nhotadbeetnakaelnlotntiends,
goNbvuettekt3hs6r,ao4bu6azGahtsiiltitainrletlsesshessatmai
m,sdae.
The jury immediately found a verdict for the plaintiffg.ntda
htilmi Companythey could have
impossible
[This, we believe, is the first case that has been decided
on this very important point, and establishes the fact that all
persons who have applied for shares in a railway company
are liable for their deposits, or a proportionate contribution
towards the expenses.]

NORTHERN CIRCUIT.—York, March 19.
The last of the criminal cases was tried last night, and to-
day both of the Learned Judges have been engaged in the
trying of causes, a large amount of which still remain undis-
posed of.

(Before Mr. Justice COLERIDGE.)
NAYLOR V. EILERITON.—SEDUCTIoN.
The plaintiff in this action is John Naylor, a stonemason,
residing at Merrick ; the defendant, Richard Ellerton, is a
farmer and owner of landed property, living at the same
place. The action was brought to recover compensation in
damages for the seduction, by the defendant, of the plaintiff's
daughter,
Ellen Naylor.
The defendant had pleaded not guilty; and also a second
plea, that of leave and license from the plaintiff.
Mr. Dundas and Mr. Addison appeared as enamel for the
plaintiff ; Mr. Sergeant Wilkins and Mr. Bliss for the de-
fendant.

Mr. DUNDAS stated that the defendant, who lived in the
same neighbourhood as the plaintiff in this action, was a far-
mer, supposed to be of considerable property, and had thought
proper to seek the acquaintance of the plaintiff's daughter.