The Sun.
London, England, 1846-11-23 00:00:00

LLOYDS SHIPPING.

NAVAL INTELLIGENCE.
PORTSMOUTH, Nov. 20.—The Terrible steam-frigate,
Captain Ramsay, arrived at Spithead this morning at
eleven o'clock, and saluted the Commander-in-Chief with

seventeen guns.
The Myrtle steam-vessel, Second Master Commander
Balliston, is ordered to Cowes to-day with the band of
the Royal Marine corps, the attendance of which is com-
manded by her Majesty to perform this evening at
Osborne during dinner, and to serenade the Princess
Royal to-morrow morning, on the occasion of the sixth
anniversary of her Royal Highness's birthday.
A most severe gale has been blowing here since six
o'clock this morning, and the tide having risen unusually
high, has caused much damage to goods and property in

ground stores alongshore.
The Emerald tender arrived last night from Plymouth,
from which port she sailed on Monday afternoon. Be-
tween twelve and one on Tuesday morning, being off the
Start Point, with a fresh southerly breeze, and goinir
about eight knots, she ran on board a schooner going in
the opposite direction, and who, having strangely enough
taken her to be a fishing-vessel trawling, thought she
could pass her ahead. The collision was so violent that
the schooner sank in about a quarter of an hour. Her
crew (five in all) were fortunately saved by the Emerald,
and landed at Dartmouth, to which port they be-
longed. The vessel was called the Fancy, and belonged
to Brixham. The night is said to have been very dark,
and the weather thick. The Emerald has received but
little damage; her port bulwarks are partly stove in, and
her bowsprit iron wrenched out.
The Rhadamanthus steam-transport, Master Com-
manding Thomas Leen, arrived this afternoon from Ply-
mouth, with the extra marines brought by the Terrible
from Sir William Parker's squadron.
The Scourge steam bomb-vessel, Commander James
C. Caffin, is ordered into harbour to land her mortar and
shells, preparatory to taking stores, dispatches, parcels,
&c., for Vice• Admiral Sir William Parker's squadron at
Lisbon. Can any commentary be necessary after such
acknowledgment as this of the inefficiency of a steam
bomb-vessel?
In. Harbour—St. Vincent, Victory, Excellent, Vic-
toria and Albert, and Rattlesnake; Penelope, Myrtle,
Echo, and Fairy steamers.
At Spithead—Terrible, Scourge, and Rhadamanthus.
In Dock—Prince Regent, Edinburgh, Leander, Ajax,
Resistance, Serpent, and Champion.
In the Basin—Vengeance, Crocodile, and Naiad.
WooLwicst, Nov. 20.—Rear-Admiral Sir Francis A.
Collier Knight, C.B. and K.C.H., accompanied by Coms
mender Smith, of the William and Mary yacht, went
on board the Avon steam-vessel, Captain Denham, to
inspect the crew and vessel on their return from the coast
of Africa, to be paid off at Woolwich. The captain,
officers, and crew enjoy excellent health, and the captain
has succeeded in accomplishing the object for which the
vessel was fitted out—to survey a difficult part of the
coast of Africa, and went over a greater extent of coast
than was originally contemplated, with satisfactory re
sults.
Captain Denham has brought home a number of live
botanical specimens in perfect health, with various seeds
of rare plants—some beautiful live love-birds, and pre-
served specimens of the quadruped and insect tribes.
He has also numerous specimens of the dresses, arms,
and canoes of the natives, and other objects of a rare and
interesting nature. On the hearth-rug, in front of the
fireplace in the captain's cabin, lay a beautiful African
gazelle, one of the smallest species of the deer tribe, evi-
dently in the enjoyment of the best health. It is full
grown, and only betwixt 12 and 13 inches high, although
three years of age ; it is of delicate symmetry, the
thickness of its fore legs, below the knees, being under
half an inch in diameter, with the hairs of its skin
scarcely longer than the soft surface of a piece of velvet.
Its head is proportionably small, and tapering to a point
almost as pointed as the bills of the feathered tribes.
Rear-Admiral Sir Francis Collier, on leaving the
Avon steam-vessel, proceeded on board the Gorgon steam-
vessel, Commander Crouch, to inspect the crew on the
return of the ves,el to be paid eff, after three years and
ten months' service on the South-American station. The
Royal Marines, Marine Artillery, and crew, were
mustered on deck to receive the Rear-Admiral, and
went through their duties on board in a very efficient
manner.
The Encounter steam-sloop was towed up the river
to-day, having been brought round from Pembroke,
where she was launched, to have her engines fitted by
the Messrs. Penn.
The Seringapatam, 42 gun ship was towed down the
river yesterday by the African steam-vessel, to Sheer-
ness. It is said the Seringapatam will be fitted with jury
:nests, and taken to the Cape of Good Hope, to be used
as a coal depot.
SHEERNESS, Nov. 20.—The Belleifle troop-ship, Cap-
tain Kingcome, having completed her refit and drawn
charts for the Mediterranean and South American sta-
tions, sailed on Saturday for Devonport to receive her
final orders.
The Rose, 18, barque rigged, Commander Pelley, ar
rived on Sunday from Spithead and the West Indies.
She was towed into harbour on Monday, and will be paid
off this day.
The Mutine, 12, Commander Tryon, arrived from
Chatham on Monday, and having undergone the usual
inspection by the Commander-in-Chief, sailed on Tues-
day for Spithead, where she is to be paid advance wages
before proceeding to the Mediterranean station.
The Euryalus, 42, convict-ship, will be ready for sea
this day, but as she leaks considerably, it is intended to
take her into dock to recaulk her bottom.
The Speedwell, tender to the Blazer, has arrived from
Harwich to be refitted.
The Raven cutter, Commander Stephen, was paid off
on Monday, but will be immediately re-commissioned.
The Goolwill, lighter, has sailed with stores for
Devonport.
The Birkenhead, steam troop-ship, Commander In-
gram, is progressing rapidly with the many alterations
in her interior fittings.
In Dock—The Formidable, 84, Horatio, 44, the
Birkenhead, and the Dart, 3, building.
In Harbour—The Ocean, 80, Rose, 18, Raven, 3, and
Wildfire steamer.
CHATHAM, Nov. 20.—The Mutine, 12 guns, Com-
mander Tyron, owing to the wind and tide, did not leave
the harbour until the 16th instant, when she was towed
to the Nore by the African steam-vessel, and thence
proceeded to Portsmouth the following day. The Al-
batross, 16 guns, Commander Farquhar, is in harbour,
progressing with her rigging, and is complete, excepting
trifling jobs incidental thereto, and some anticipated
alterations in the cabins.
The Boxer steam gunboat—The works on this vessel
are ordered to be suspended, and the works of the Eury-
alus are also suspended, waiting for orders for the situa-
tion of the screw.
The Duck sailed this day with stores for Sheerness
Dockyard.
The Rochester remains loading for Portsmouth, Ply-
mouth, and Milford.
Mr. Whittle, chief clerk in the Captain Superinten-
dent's office, is promoted from third-class clerk to that
of second-class.
This morning a detachment of the men of the Royal
Marines from this division proceeded en route for Wool-
wich, where they will remain for further orders.
Admiral Sir E. Co:rington, G.C.B , is on a visit to his
son-in-law, Captain Sir Thomas Bourchier, K.C.8.,
Captain Superintendent of this yard. The Gallant Ad-
miral is expected to remain some days.

THE ARMY.
DISCHARGE OF SOLDIERS.
War-office, Nov. 17. 1846.

Sir,—The arrangements for the settlements with sol-
diers on their discharge from the army and the allow-
ances made to them on such occasion, having been under
consideration, I have the honour to signify to you her
Majesty's pleasure that in every case of discharge of
a soldier in Great Britain or Ireland, whether with or
without pension or gratuity, except when he is dis-
charged by purchase, or for bad conduct, the following
rules shall he observed from and after the Ist of January,
1847, instead of those hitherto applicable, viz.:—
Rule 1. The discharged soldier, whatsoever shall
have been his rank or the rate of his pay at the time of
his discharge, shall receive an allowance of one shilling
per diem for twenty days from the date of his discharge,
and if he shall have necessarily attended at Kilmainham
for the completion there of his discharge, this allowance
shall be extended to twenty-five days ; and in case the
soldier shall be entitled to a higher rate of pension than
one shilling a day, he shall receive the difference be-
tween the allowance of one shilling and his rate of pen-
sion for the twenty or twenty-Eve days respectively.
Rule 2. He shall also be provided at the public ex-
pense with a conveyance to his home, or intended place
of residence, if not, more distant than the place of his
original enlistment, by steam-vessel or railway, as far
as either shall be available and least expensive, and
when not available, by such other suitable means as
shall be found, at a cost n.ot exceeding railway fare.
Rule 3. If any part of the distance shall be necessarily
travelled on foot, and the pension of the discharged
soldier shall not exceed Is. a day, he shall re-
ceive for every complete ten miles, and the pro-
portion over, if not less than five miles of such
part of the distance, an allowance of 6d.; or if
his pension exceed Is., and be less than Is. 6d.
day, the difference between these rates. But no allow-
ance for distance travelled on foot shall be isstn d to
a discharged soldier whose pension amounts to Is. 6d. a
day.
Rule 4. The stoppage to be made from the-discharged
soldier for rations when actually supplied to him on
board any steamer or other vessel in proceeding to his
home or intended place of residence, shall be 6d. a day.
Rule 5. For the discharged soldier's wife and children,
conveyance at the public expense shall also be provided
for the same distance, and in the same manner as for
himself, as stated in rule No. 2. And for such distance
as shall be necessarily travelled on foot, as adverted to
in rule No. 3, an allowance of lid. a mile shall be issued
for the wife, and ld. per mile for each child not above
14 years of age.
Rule 6. If the discharged soldier, with his wife and
children, shall be unavoidably detained at any port
waiting fcr a passage by steam or other vessel to proceed
to his home or intended place of residence, an allowance
of 10d. per day for the period of such detention, except
for the slay of arrival and that of embarkation, shall be
issued for the wife, and 6d. a day for each child not
above 14 years of age. And when rations in kind at the
public expense shall not be supplied on such passage, an
allowance of 6d. per day for the probable period of the
passage shall be issued for the wife, and 3d. a day for
each child not above 14 years of age.
I have to add that appropriate forms for charging
these allowances will be supplied from this office upon
requisition in the usual course.
I have the honour to be, Sir,
Your most obedient servant.
F. MAULE.

LONDON, Nov. 21.—Wind at noon S.S.W., fresh breeze
and cloudy.
LIVERPOOL, Nov. 20.—Wind S.S.E. to S.S.W., a gale.—
Arrd Frederick, Grover, St. John, N.B. ; Wakefield, Abell,
ditto ; Lisbon, Fisher, ditto. Put hack, Henry Pratt, Hart-
ley, for New Orleans, with loss of anchor and chain. Oil
Port, Colchester, B.,mbay ; Saranah, Philadelphia ; Vic-
toria, Miramichi; Ajax, Prince Edward's Island ; George
Wilkinson, Quebec ; Harlequin, Cephalonia.
CLYDE, Nov. 19.—Arrd. Lady Colebrook, M'Lure, Bom-
bay ; Echo, Filleul, Honduras ; Olive Branch, Keny, St.
John, N. B. : Cygnet, Bremner. ditto. Sailed, Saracen;
Haw-
kins, New York; Medora, INl‘Pnerson, Trinidad.
DEAL, Nov. 20.—Wind S.W. by S. to S.S.W., very,
strong, with heavy squalls.—Arrd. Theresa, Bacon, Singa-
pore; Boadicea, Mackay, Singapore; Helen, Mumtord,
Belize; Montreal, Blenkinsop, Richibucto ; Susannah, Fleck,
Montreal; San Antonio, Naples, with loss of bowsprit, jib-
boom, anchor and chain, having been in contact in the
Downs. Arrd. from the River, Georgia, Ohs, Mobile; her
Majesty's ship Belvidera, westward.
TORBAY, Nov. t.`o. Wind W.S.W., stormy.—Arrd. Eme-
rald, Gifford, Sines, with loss of forctopmast, bowsprit, and
other damage.
OFF MARGATE, Nov. 20.—Wind S.—William and Mary
Brown, Bamton, Ceylon, supplied with anchor.
RAMSGATE, Nov. 20.—Wind S.S.W.—Arrd. Kallibokka,
London for Australia, with loss of anchor, chain, and
bowsprit; Devonshire, Godfrey, London for Batavia, with
quarter stove, and loss of anchor and chain.
OFF DintoExEss.—Martha, Sammy, New York.
Pia?wotrru, Nov. 20.—1 t has blown a hurricane all night,
II
and still continues. The. brig Heros drove ashore off Queen
Anne's Battery this morning, did considerable damage to
her bottom, and bilged a great deal.
LIVERPOOL, Nov. 20.—The Skerryvore (steam tug), filled
and sunk in the river this afternoon, off the George's Pier. A
quarantine barque is on shore in Bootle Bay, and a Rat is
sunk on West Hoyle.
BERWICK, Nov. 19.—A vessel, of 40 tons, belonging to
Emden, Lucht master, sprung a leak off Beadnell, and was
run ashore near that place ; stores landing.
SUNDERLAND, Nov. 14.—The Mary and Agnes, of North
Shields, being very leaky, ran for this harbour, and grounded
in entering, but was got oil; and towed in, having been in
contact with a laden brig.
DEAL, Nov. 20.—The Louisa (barque), abandoned, was
passed, sth instant, lat. 47 N., lon. 26 W., by the Montreal,
Blenkinsop, arrived in the Downs.
LYTHAM, Nov. 20.—The Kelvin Grove,
of Belfast, which
got on the Crusader Bank 23th ult., in being take into
Preston this morning for repairs, was driven on shore and

THE NEW SYSTEM OF PRISON DISCIPLINE
War-office, Nor. 17, 1846.

Sir,—lt being very desirable to ascertain the effect
produced by the new system of prison discipline, as
adopted in the military prisons, on the general character
and conduct of soldiers who have been confined therein,
I am directed to request that you will cause the enclosed
forms of return to be filled up in duplicate, and trans-
mitted to this office for the half-years to 30th of June
and 31st of December, 1845, and to 30th of June, 1346;
and that you will in future cause similar returns to be
made up and forwarded to 30th June and 31st December
in each year.
These returns should in future be completed and sent
off at the expiration of three months after the above half-
yearly periods, so as to allow of sufficient time to enable
you to form a judgment of the character and conduct of
men who may have been released from confinement in a
military prison on or shortly prior only to the 30th of
June or 31st of December. _ _ _

When a regiment is ordered to proceed abroad, the
return for the previous half-year should, if possible, be
transmitted prior to its embarkation, and a return for
the whole regiment should be forwarded for the broken
period to the date of separation of the service companies
and depot by the former, at the expiration of three
months from such date. _ _

The depot companies will, of course, render a separate
return from the date of their separation from the service
companies to the end of the half-3 ear, and continue
similar returns half-yearly.
The service companies of a regiment arriving at a
foreign station where a military prison is established,
and set apart as such by the Secretary-at-War, under
the 28th section of the Mutiny Act, will render similar
returns for the half-yearly periods subsequent to its
arrival at such station, but not otherwise.
I have the honour to be, Sir,
Your most obedient humble servant.
L. SULLIVAN.

HEALTH OF SOLDIERS IN MILITARY
PRISONS.

War-Office, Nov. 17, 1846.

Sir,—lt having been represented to the Secretary at
War that when a prisoner is committed to a military
prison with appearances of recent medical treatment,
or symptoms of being affected in his mind, the medi-
cal officer in attendance on the prison, unless fur
nished with full information on the subject, has fre-
quently much difficulty in deciding on the cause of
the former or the truth of the latter, and whether
the man is malingering or not ; and he is therefore
obliged to depend for the discovery of the facts on his oNn
tact and judgment, or on the prisoner's own statement of
his case. lam directed, therefore, to request, in order
to avoid the risk of injuring by hard labour a prisoner
debilitated by recent illness previously to his con m't-
meat, and to defeat on the other hand imposition on the
part of malingerers, that you will direct the medical
officers of the regiment under your command to transmit
to the medical officer of the prison, in all such instances,
a special medical report of the prisoner's case, in addi-
tion to any remarks that he may think proper to append
to his certificate in the body of the form of commitment.
I am further to acquaint you that when it is found ne
cessary to remove soldiers confined in a military prison
before the time stated in their commitment as the ter-
mination of their imprisonment, a short notice of the in
tended removal should be transmitted to the governor or
officer in charge of the prison, by post] or otherwise, in
order that the medical officer of the prison may have
due intimation of the prisoner's removal, and time for
inspecting them medically previously to the arrival of
the escort.—l have the honour to be, &c.,

bilged.
YARMOUTH, Nov. 20.—The Providence, Woolsey, of
Grimsby, slipped from an anchor and chain in Corton Roads
this morning, and in coming into the harbour got ashore on
North Point, but was assisted off, leaky.
MARGATE, Nov. 20.—The Nymph, Melayhoyde, and the
Clara, Dering, which were on shore on Foruess last night,
came off to-day.
PORTSMOUTH, Nov. 20.—S.S.W. to W., very squally.—
Arrd. Union, Warming, Honduras; Victoria, Morgan, New
York; H. M. steamer Terrible, Plymouth.
SouTßAmpTos.—Wind S. W.—Arrd. Bachelor, Quebec.
TRIGNMOUTH. - Arrd. John, Mitchell, St. Lawrence;
Nancy, Jarrett, Labrador. Sld. Brigand, Parker, Santand
FAt.mouTn.—Arrd. Susan, Hawke, Labrador. _ _

Arrd:Friendship, Anderson, Miramichi.

• IMP/MING or TEE NEW CONSUMPTION HOSPITAL
_ _ T 1311.03IPTOR.—Yesterday a meeting
of the committee
et 1,1 wortera of this charity was
held at the 6..h0ard-
,7 ..,,,the,
,elthe institution, Brompton, Colonel Le Blanc in
wit-W. Various resolutions were moved and carried,
0-4
../.:-
relmenOo the future managementthe hospital. The
liP_ParoPee of the building is of
themi,3>st satisfactory, and
won** sanguine hope of results.
tiiersintugof
the It
wards,also
aupearrthat the ventilation and airing
Po' .. . Jill` dui direction of Dr. Arnott, afforded the
utmost, isfaction. The transmissionasof the patients
fro.fromtho hospital in Chelsea to the wards of the new
... i
1....., holing took place yesterday, together with the adults.
4/I---, skirt of seve others from carious and distant parts of
the kingdom.

THE SUN, LONDON, MONDAY MORNING, NOVEMBER 23, 1846.

LAW INTELLIGENCE.
ROLLS' COURT, Nov. 21.
WOOD V. TAUNTON.
This was a motion for an injunction to restrain the
defendant from using a patent invention for the manu-
facture of windlasses, &c.
It appeared that the defendant had constructed a
certain description of machinery for the above purpose,
for which a patent had been obtained. Some time back
plaintiff purchased a moiety of the invention, and both
plaintiff and defendant entered into partnership on their
common property. However they had now fallen out,
and they were desirous of dissolving that partnership,
the invention in the meantime not being worked to the
satisfaction of either party,
Mr. Turner and Mr. Prin appeared for the plaintiff,
and Messrs. Kindersley and Daniell for the defendants.
After some discussion,
His LORDSHIP ordered the matter to stand over, with
a view to an arrangement between the parties.

VICE-CHANCERY COURT, Nor. 21.
(Before Vice-Chancellor Sir J. C. WIGRAM.)
PENNINGTON V. BUCKLY. _

The arguments were not concluded at the rising of
,he Court.

COURT OF COMMON PLEAS, Nov 21.
LOCIILAW v. JOIIDEN,
Mr. MILLER, in this case, which was an action of
crim. con., applied to have the trial put off, on the
ground that the defendant had carried away the plain-
tiff's witnesses, his own sons, who ate under age. This
was the st-cond action, but in the first he was non-fcuited
through the rt,.,seece of witnesses, and the defendant had
thrown him into prison for the costs.
The COURT granted the application.

Mr. ROMILLY, who appeared for the plaintiff, stated
the case, from which it appeared that the Rev. Abel
Collin Launder, of Nottingham, by a will, dated the
31st of August, 1801, after making several devizes,
bequeathed to Mr. T. J. Rawson and to Mr. John Exley
and others, heirs in trust, all the stock standing in his
name in the Three per Cent. Consols, with specific
direction to pay the same to Margaret Morton
and others, and to pay, or cause to be paid,
the interest of other stock to certain unbeneficed
curates in Nottingham, whose income and
.salaries did
nut exceed 351., donations after the following rate, viz ,
to unmarried curates 101., to a married curate with a
family 20/.; and it was the intention of the tesator no
donation of this kind should be given more than once to
the same party; and that in case of such donations not
being claimed, they should be considered as being lapsed,
and go to the Rev. H. Thorp and others, afterwards
mentioned in his will. Mr. T. J. Rawson died on the
12th of October, 1843, and appointed by his will the
plaintiffs his executors. Mrs. Margaret Norton died in
the April of 1843, and some of the defendants claimed
the money sl,e left as a part of the penonal residuary
property of the testator, Abel Collin Launder, whose
sole representatives they alleged themselves to be. The
Rev. George Wilkins, Archdeacon of Nottingham,
claimed ex offici3 to be entitled to 4.4181. 10s. 3d. oivi-
dends accruing since the death of Mrs. Norton under
the will of the testator.

COURT OF BAAKRUPTCY, Nov. 21.
(Before Mr. Corenussioner GOULBURN.)
IN RE THOMAS D.Y. •
To day was appointed for a dividend meeting, under
the estate of this insolvent, who was secretary to the
Southwark Commercial Savings' Bank, and clerk to the
Commissioners of Sewers. Ilis debts amounted to about
5,7001.
In the course of the meeting a point of considerable
interest arose, on a claim being put in to prove for the
sum of 3001, for money advanced on an annuity granted
to a gentleman named Tapon. The question was whe-
ther the proof cc.ailc: be admitted for its present value,
or its value at the time the money was advanced. Se-
veral cases were quoted, in one of which 8,000/. had
been paid, but the party, whose life was assured, was
so improved at the time of the bankruptcy that it was
estimated at 10 0001., and it was held that the proof-
should be admitti d tor the full amount.

•T
The Learr.cd CommissioNEtt, after hearing a long
argument, held that the Act 6, Geo. IV., prevented that,
and that he was bound to take into consideration the
value at the time of proof, having reference to the
money paid. He should, therefore, admit the proof. not
for the full amount, but take the Government scale of
its value at the present age of the bankrupt. It was
granted when the bankrupt was fifty, when an annuity,
is held worth 11 years' purchase ; he was now sixty-
four, and it was Niorth eight ykars purchase.
The proof was then admitted for 2141.
This will be a second dividend, and will be declared
in a few days.

CROYDON PETTY SESSIONS:

Before Mr. G. H. Lucas, Chairman, and Messrs. Suther-

After the arguments had concluded,
His HONOUR said he would reserve his judgment till
he hal read the will.

land, Simeou, and Wilkinson.)
CONVICTION OF ME RECTOR OF CARSIIALTON FOR
AN ASSAULT.-011 Saturday, tht. Rev. Cator Cator, the
rector of CAshalton, appeared before the bench to answer
two distinct charges of havingcommitted violent assaults
up-in two boys named Carr, the sons of poor people liv-
ing at CasheltJn.
The case appeared to excite a good deal of interest,
aud a Dumber of the principal inhabitants of the village
were present during the proceedings.
Jahn Carr, the complainant upon one of the sum-
monses, a lad apparently about thirteen years old, de-
posed that last Wednesday he and a younger brother,
and some other boys were playing in front of the rectory
at Carshalton, when the defendant came out and ordered
them away. They did so, and he went home to his
mother's cottage, and was in the bed-room when
Mr. Cator came in and told him to go and
fetch his brother. He did so, and the moment
they entered the cottage Mr. Cator seized hold
of him, and beat him with a stick most dreadfully.
He fell on his knees and begged for pardon, but he
continued to beat him, and he afterwards beat his
younger brother until he broke the stick. The boy, at the
request of the magistrates, exhibited his back, which
was black and blue from the shoulders to the loins, and
it was evident that he bad been beaten most cruelly.
It appeared that the boy had nothing on but his shirt
and trowsers at the time he was beaten.
In answer to questions put by Mr. Cator, the boy
admitted that be and the others were playing at hockey
in front of his manse, and that they were ordered away
and returned. _ _ _ _

COURT OF QUEEN'S BENCH, Nov. 21.
HER MAJE.TY'S MINISTERS.
Immediately after the Judges had taken their seats
this morning, Earl Spencer, Sir George Grey, and the
Right Hon. Thomas Babbington Macauley entered the
Court, by the Judges' entrance, and took the oath of
allegiance to her Majesty, and the oath declaring that
they would not use the influence of their offices to
" injure the rights and privileges" of the Church of
England, as by law established. They then withdrew.
MARSHALL V. POWELL AND POWELL.
This was an action to recover the amount of a pre-
missory note for 411. Os. Bd., drawn by the defendants,
and delivered to the plaintiff under the following cir-
cumstances:—
The defendants became the tenants of a farm in April
last. A valuation was made, and the amount to be paid
at the incoming was set down at 941., 531. of which was
paid at once, and a promissory note given for the re-
mainder, on the understanding that there should be a
revision of the valuation on the subsequent Ist of
August, and that the parties should then give or receive,
according to the value of the crops at that period. The
revision was not made until the 2d of August, and was
not completed until the 20th, when the former valuation
was confirmed. A dispute thus arose between the par-
ties, who proceeded to trial. The agreement was pro-
duced, and was found to be unstamped ; and coupling
this with the fact that the revision was not made on the
Ist of August, the plaintiff was non-suited. A rule was
subsequently obtained, calling upon the plaintiff to show
cause why the non-suit should not be set aside, and a
new trial had.
The case now came on for argument.
Mr. BAINES (with whom was Mr. Bliss) was heard at
great length in opposition to the rule. He contended
that the agreement ought to have been stamped, in ac-
cordance with the provisions of the Stamp Act, and
cited a number of cases in support of this view. He
was engaged in a case, which was heard in the Ex-
chequer a short time ago, in which he bad at
the trial sought to give in evidence an un-
stamped document, signed by the defendant in the
cause, setting forth that he had bought 50 railway
shares, for which be would pay on a certain day. He
held that the instrument was one which did not re quire
a stamp, but the Court differed with him, and refused his
application for a new trial. In this case it was evident
that the document, out of which the dispute arose,
was one which required a stamp, in order to make it a
valid document. Besides, its provisions had not been
complied with, and the defendants could not be held to
be bound by such an instrument.
Mr. WATSON followed in support of the rule. He
held that the document did not require a stamp, inas-
much as it was a mere statement in acknowledgment of
an understanding between the parties, and could not be
looked upon in the light of a contract. The real ques-
tion at issue was, whether the revision of the crops was
to be on their condition at the Ist of August, or at the
time it was actually made. He held that the revision
was to be made on the condition of the crops on the Ist,
, although the valuation might not have been made until
I a short time after, but when it was made it related to the
condition of the crops on the Ist.
The COURT considered that the parties were bound by
the agreement to have a re-valuation made on the Ist of
August, and to abide by the result; and that the docu-
ment, from its peculiar nature, was admissible at the
trial.
The rule was therefore refused on the first point, but
granted on the second, so that a new trial will take place.
SPENCER V. MAYNARD, AND OTHERS.
This was an action brought by the plaintiff in forniii
pauperis to recover compensation for an assault and
false imprisonment for six months in the Northallerton
House of Correction, to which he had been committed
by the defendants, who are magistrates of the `Vert
Riding of Yorkshire. The case was tried some time ago,
when the jury found a verdict for the plaintiff, but the
compensation they awarded was the smallest coin in the
realm. A rule was subsequently obtained calling upon
the defendants to show cause why they should not pay
certain costs incurred by the plaintiff in unsuccessfully
endeavouring to obtain his liberation by means of an
habeas corpus.
Mr. KNOWLES, Q.C., showed cause against the rule.
He said the defendants committed the plaintiff on an in-
formation which was laid before them by a person
named Dyer, who was the plaintiff's landlord, setting
forth that he had fraudulently removed his goods, in
order to avoid a distress. After being two months in
prison, he obtained a writ of habeas corpus, on the
ground that the conviction was informal, and was
brought up before Mr. Justice Coleridge, who, as the
party who originally lodged the information had
lodged another free from the defects of the
old one, sent the plaintiff back to prison. Mr. Jackson,
the plaintiff's attorney, had advised him not to attend
to the magistrates, but the plaintiff and three others
were committed. An appeal was made to the Quarter
Sessions, where Jackson said this—" Only quash this
indictment against the three, and I'll consent that it
shall be confirmed as against Spencer." The plaintiff
went back to prison, applied for the habeas corpus, was
unsuccessful, and remained there the full term. The
Learned Judge who tried the case told the jury that
they could not include the expenses in their verdict.
The plaintiff by his declaration could not recover ex-
penses, but damages, because they arose out of an act
on his own part quite irrespective of the object for
which he sought compensation.
Mr. BARNES, Q.C., held, on the other hand, that the
expenses were incurred by the plaintiff in order to ob-
tain his liberation, of which he had been deprived by
the acts of the defendants, that he was driven to incur
them, and that the cost was one which might have been
included in a general verdict.
Mr. HALL, who was on the same side, instanced the
expense as the value the plaintiff put upon his liberty,
and contended that it resolved itself into the nature of
damages.
The COURT discharged the rule, stating that the plain-
tiff had not sufficiently made out a claim to be compen-
sated.

BAIL COURT, .i‘ov. 21.
THE QUEEN V. MOTTRAM.

Mrs. Carr, the mother of the boys, deposed that Mr.
Cator came to the cottage on the day in question, and
appeared to be in a violent passion. He asked if her
boys were at home, and she told him that her eldest boy
was in the bed-room, and she would bring him out. She
opened the door, and Mr. Cator rushed past her into the
room, and told the boy to go and fetch his brother.
He went out for that purpose ' • and while he
was gone, the defendant asked her for a stick,
and she gave him one, thinking he would only frighten
the boys, and that a, parson would have more Christian
feeling than to use it in such a cruel manner as he after
wards did. Witness at the same time told him that her
husband was gone to Croydon to try to sell a few things
to get them food, and that when he came home he would
beat the children if they had done anything wrong. The ,
moment the boys came in he seized the eldest by the
arm and began to beat him with the stick as hard as he
could. The boy kneeled down and begged for mercy,
but he shelved bim none, and behaved more like a brute.
After he had done beating the big boy, he commenced
beating the other, and she was so overcome by the defend-
ant's conduct that she nearly fainted away.
The CHAIRMAN asked whether the defendant told her
what the boys had been doing, or why he beat them ?
The mother replied that all he said was, that they had
been annoying him. She added that the youngest boy
was very ailing, and subject to fits, and while Mr. Cator
was beating him he fell down and rolled about the
ground, and she was so much excited at seeing her chil-
dren treated so cruelly, that if she had had the power
she would certainly have done the defendant some
mischief.
The magistrates told her that she must give her evi-
dence calmly, and repress her feelings.
She replied that it was impossible for a mother to do
AO under the circumstances. _ .

Mr. HAWKINS applied to have the defendant in this
case, who was now lying in Derby gaol, on a charge of
manslaughter, admitted to bail in the country. The
charge was for having caused the death of a person by
administering improper drugs. He was a poor man, and
an itinerant vendor of medicine.
Mr. Justice PATTESON, after reading the affidavits,
granted the application—the prisoner to find bail, him-
self in the sum of 2001., and four sureties in the sum of
60/. each,

The witness, in answer to questions put to her by the
Bench, denied most positively having euthorised the de-
fendant to beat the children, and she said she gave him
the stick believing that he only intended to frighten
them.

Mary Grove, the next witness, deposed that she was
in the cottage when Mr. Cater came in, and she saw him
hide the stick under his scat, and *hen the boys came in
he shut the door and began beating them in the way
described by the mother. The little boy fell down, and
Mr. Cater still kept on beating him, and he turned quite
purple in the face, and looked like a corpse.
Mr. Simsort inqui►ed of the witness whether the
younger boy was not subject to fits ?
She replied that he was, and anything that excited him
was likely to bring them on.
In answer to questions put by the defendant, the wit-
ness said that the mother did give him the stick, and that
she said it would break no bones, but she denied most
positively that she asked him to beat the boys or gave
him any authority to do so at all, much less in so cruel a
manner.

By the BENCH—Tbe object of the'mother in giving the
stick appeared to be that Mr. Cater should threaten the
Loys with it, until the father came, when she said he
would beat them if they had done anything wrong.
This being the whole of the evidence, the magistrates
called upon the reverend defendant to answer the charge.
The Rev. Mr. Cator, whe, it should be stated, appeared
to be a robust young man, said that the only answer he
had to give was that he had been very much annoyed by
the boys playing directly under his windows, and on the
day in question he ordered them to go away. They did
so, but immediately he went in they returned, and the
elder Carr was smacking a whip and making a noise.
He went out again with a pencil and card in his hand,
to take their names, thinking to frighten them ; but
they all ran away. He went to the cottage to complain
of the boys, and the mother told him that she could do
nothing with them, and gave him a stick, telling him it
would break no bones, and he certainly used it to the
best of his power upon the elder boy, but he denied hav-
ing struck the younger one at all. About five o'clock
the same day the father of the boys came to his house,
as he thought, for the purpose of thanking him for what
he had done; but instead of that, he was led to believe
that he wanted him to bribe him, which he declined to
do, and the next day he received the summonses.
In answer to a remark from the bench, Mr. Cator sa,
that the spot in question was the place where the boys
of the village usually resorted to play, but it was very an-
noying to him, and he frequently complained to them and
ordered them away.
The BENCH reminded the defendant that two wit-
nesses had sworn positively that the mother never gave
him authority to beat the boys.
The defendant declared that she did.
Mr. WILKINSON (to the defendant)—You admit that
you used the stick with all your force ?
Defendant—l certainly did ; but Ido not consider I
did the boy any important injury.
Mr. SIMEON said he supposed that if the boy had had
his coat on at the time, the injuries would not have been
so severe.
Mr. WILKINSON—Oh, if he had had a coat of mail on
it would not have hurt him at all ; but that is not the
question at issue.
The defendant declared that when he went to the
cottage he was not at all in a passion; but he admitted
that the act of beating the boy did excite him.
The magistrates then consulted together for a short
time, when the Chairman addressed the defendant, and
said, it was with considerable regret he had to announce
the decision of the Bench, that they were under the
necessity of convicting him of an assault, and they con-
sidered it a great aggravation that it should have been
committed by a gentleman in his position. He (the
Chairman) trusted that, although the defendant had not
expressed any regret,. that he must, upon consideration,
feel that even, according to his own statement of the
circumstances, the correction he had administered was
most severe, and far beyond what ought to have been ad-
ministered for the offence the boys had committed. The
Bench, therefore, felt it their duty to inflict upon him a
fine of 41. for the assault upon the elder boy, and a fine
of 11. for the assault upon the younger one, and also
the costs.
The defendant said that the boys were so very aggra-
vatint: that he believed any gentleman on the bench
would have acted as he had dene if he had been placed
in the same position.
The CHAIRMAN said he was very sorry, and he be-
lieved the other magistrates felt the same, to hear him
attempt to justify his conduct. If he had gone out of
his house with a stick and punished the boys at the time,
there might be some allowance made, but his conduct in
going to their own home and beating them in such a
cruel manner, was quite unjustifiable.
The defendant paid the amount of the fine and costs,
and left the Court.

COURT OF EXCHEQUER, Nov. 21.
REYNELL V. LEWIS.
The arguments in this case were resumed to-day by
the Attorney-General, who, at considerable length,
argued that as the contract was originally made with the
solicitors to the company, Smith, Parkes, and Co., ard
that as no orders were received subsequently from the
defendant, nor was there any evidence given that the
liability was transferred at any time from the original
parties who gave the order to the defendant in the pre-
sent action, or any other person who was connected
with the company—under such circumstances he con-
tended that the verdict should be set aside.
Mr. COWLING then followed on the same side.
The LORD CHIEF BARON—We think it advisable to
take the whole of the cases involving the question of the
liability of provisional committeemen, in order to come
to some decision upon the subject, and lay down a
general principle for guidance' in all future cases.
The ATTORNEY-GENERAL—I am informed, my Lord,
that there are some thousands of writs now floating
about, and it is desirable that the Court should give
some decision during the present term.
The LORD CHIEF BARON—That is the intention of
the Court, and we propose to take out of their order all
such cases as are now before the Court they are the
cases of Webb v. Watts ; Wyld v. Hopkins ; Wyld v.
Sloan ; Rivett and others v. Wood ; Brown and an-
other v. Troup ; Goodwin v. Fisher ; and Smith v.
Fisher. Such cases as may not be disposed of to-day
we shall put on a separate paper, to be taken on Monday.
The decision of the Court in the case of Reynell v.
Lewis was therefore postponed, and the case of
WYLD V. HOPKINS

MADEIRA ORANGES.—The cultivation of this deli-
cious fruit is likely to form an important feature in the
export trade from Madeira, the soil being in every way
adapted for the growth, the temperature being similar to
that of the Azores. A small parcel in boxes, the first
receive(rin this country as an article of commerce from
that quarter, has just arrived, consigned to Keeling and
Hunt, Monument-yard, by the Dart. Captain Newton.
The fruit is perfectly sweet. This vessel has likewise
brought a large quantity of bananans in a ripe state,
specimens of walnuts, chestnuts, green citrons, and
sugarcanes, all the growth of Madeira, being sent over
as a sample of the productive capabilities of the place, to
test their applicability to English tastes.

was proceeded with.
Mr. MARTIN now showed cause against the rule ob.
tamed in this case by Mr. Watson a few days since.

POLICE INTELLIGENCE,
CLERKENWELL.
Henry Kelly, a young man employed by Messrs. Pisk-
ford, the extensive railway carriers, was brought before
Mr. Greenwood charged as follows :—lt appeared that
the prisoner, about 9 o'clock on Friday night, was driving
one of the Camden-town station waggons with three
horses at a rapid pace along the New-road on the wrong
side of the way, when he came in contact with a cab,
which he completely turned over, and smashed the two
shafts, the springs, and a part of the body, and so vio-
lent was the shock that the horse was also knocked do wn
and very severely injured. The driver was pitched out
over the horse's head and had a most miraculous escape
from being killed. When the prisoner saw what he had
done, he whipped his horses as hard as he could, and
set them a galloping at top speed ; but a large body
of the G division of police, who were marching out of
the station house on night duty, having witnessed the
occurrence, stopped him, but not without some difficulty
and danger.
For the defence, a fellow-servant of the prisoner,
named 'Whittlemore, was called, eho swore that the
prisoner was driving at a very moderate pace, and that
he neither whipped the horsese'nor, in fact, had any whip
with him.
Mr. G REENWOOD said he did not believe one word the
last witness had stated. He should fine the prisoner 40s.
fer furious driving, and, in default of pay meet, one
months' imprisonment ; and he should also order him to
pay 21., on account of the damage done to the cab.
Two notorious females, named Perrin, who are the
terror of the publicans in the neighbourhood, were sen-
tenced to twenty-one days' imprisonment for violently-
assaulting Mr. Goodwin, a licensed vietusller in Bald-
win's-gardens. Gray's Inn-lane, and smashing a number
of panes of glass in his shop.
WANDSWORTH.
IMPORTANT PROCEEDINGS UNDER THE SANATORY
ACT.—An investigation of considerable importance to
the public, arising out of an Act recently passed, giving
the guardians of the poor power, upon the production of
a certificate, signed by two medical men, to remove
nuisances within their district which might be and are
prejudicial to the public health, took place at this Court
to-day.
William Roberts, James Roberts, and William Price.
persons living at Sadler's place, Putney Lower Comm, n,
were summonsed for permitting an accumulation of often
sive or noxious matter, consisting of refuse, dung, and
cinders, on certain plots of rronnd occupied respectively
by the defendants, the said accumulations being danger-
ous to the ptiblic health, and contrary to the provisions
of the 9th and 10th of Victoria, cap. 96. The inquiry
excited greatinterest, and several gentlemen from Putney
were present, amongst whom was Dr. Ridge. Mr. Field,
solicitor), and clerk to the board of guardians attended to
conduct the cases. The defendants having pleaded not
guilty,
Me. Thomas Newman Cochrane, relieving officer for
the Wandsworth district, was sworn, and stated that he
knew the defendants to occupy a piece of land on the
common for the deposit of refuse, dung, and ashes, and
have done it respectively for the last twelve months.
They had separate heaps in front of their houses ; he
saw them on the sth of November. The matter from
James Roberts's pigsty ran to the keep, and the smell
was very offensive. He could not say that these accu-
mulations were dangerous to life.
Mr. George Macilwain, of No. 0, Albany-yard, and
Putney Lower Common, surgeon, stated, that the certifi-
cate produced was signed by him, and the contents were
true. He knew Sadler's-place ; it is in the vicinity of
several houses ; and there are heaps of noxious matter
generally placed there, which he believed the defendants
laid claim to. The heaps were constantly being taken
from and added to during the last five years. These
collections were very injurious to the health of the inha-
bitants ; the atmosphere, contaminated by the gases
arising from these heaps, was rendered unhealthy, and
those breathing it were liable to fever. Witness lives
to the windward of the nuisance, and is, therefore,
fore, not annoyed. Witness was much interested in the
measure before it received the sanction of Parliament,
and materially assisted the Government in carrying it
out. He considered accumulations of dung, refuse, and
cinders, evolved carburetted or sulphuretted hydrogen,
either of which were poisonous acid. He certainly con-
sidered cinders were noxious matter, and his reason for
thinking so was that scarce one particle out of 1,000 of
cinders, underwent a perfect combustion, and the noxious
gases that abound in the original coal were not destroyed.
It was here stated, that the heap of cinders alluded to,
was what is called breese prepared for brickmakers, and
from which everything impure had been picked and
shifted.
Dr. Macilwain continued—That allowing the cinders
to be dry and free from other impurities, it did not alter
his opinion that they were deleterious to health. On
another ground, there was great objection to the collec-
tion of heaps of ashes near dwellings, as they tended to
impede the free circulation of air.
Mr. PAYNTER said he had never smelt anything noxious
from cinders, and he was at a loss to know where they
were to be put—they must be deposited somewhere.
Mr Charles Shillito, of Putney, surgeon, proved that
the certificate produced was signed by him, and then
proceeded to state the facts as already detailed. He
added, there was no doubt noxious eases evolved from
the refuse and dung; and they might exist in a
minor degree in a heap of cinders, especially if they were
wet. He considered that a huge heap of cinders near
dwellings, if it did not contaminate the atmosphere, ob-
structed the free circulation. The drains in that district
were very bad, and he had no doubt that the exhalations
from them and dung heaps, &c., had often caused fever.
He had been in the houses when the stench was over-
powering, and on one occasion he was ill for a fortnight
atter visiting a sick patient in that locality. The heap
of ashes which had been alluded to was Price's property,
and as large as three or four houses put together.
Roberts said they never let the dung accumulate to
any height.
Mr. PAINTER said it was very evident that dung and
refuse were noxious, and therefore the defendants must
remove it altogether.
Mr. Field said that, provided the defendants removed
the nuisance within two clear days, he would not press
for any penalty or costs. The guardians were only de-
sirous of showing that it was their intention to carry-
this law into effect.
Mr. Benjamin Ridge, of Putney, surgeon, was sworn
on behalf of Price, and put in a plan of the pre-
mises, together with a lengthened and able report
upon the same. The report had been submitted
to Dr. Golding Bird, who entirely approved of
it. He considered that ashes, in the state
they were prepared for brickmakers, had no decom-
possible matter in them, and therefore no gases could be
generated from them in any appreciable quantity, except
carbonic acidovhich is evolved during the night from
every tree and every vegetable. An ash heap, or coal
depot, in such a situation, could not be regarded as inju-
rious, nor an annoyance, except from its unsightliness ;
and any carbon diffused From it, in the shape of fire, did
much rather tend to the carrying off its noxious vapours
from the moist ground, or from the ditches and drains in
the surrounding neighbourhood, which he described as
being abominable nuisances, and the primary promoters
of any cases of fever which arose in that locality.
Dr. Shillito was of opinion that whilst the large heap
of cinders remained, the neighbourhood would never be
cleared of noxious smells.
Mr. PAYNTER said, that with regard to the heap of
cinders, he could not satisfy himself that they came
within the meaning of the Act as noxious matter, and
therefore be should dismiss that summarily ; but he
would not say that the party owning this heap was not
liable to another proceeding. He thought the ditches
and drains ought to be looked to, and was not certain
that the defendants were not acting illegally in keeping
pigs so near their dwellings.
The orders were made for the removal of the dung
and refuse by Tuesday next, and the proceedings ter
minated.