The Sun.
London, England, 1851-11-06 00:00:00

1852, the coasting trade (Cabatage) will be relieved of
part of its present burdens.
JUSTICE. •
The last Message stated that the Assembly was occu-
pied with three important projects of law:—
The first, relative to judicial organization, is now
being reported.
The second, in hypothecation, will be immediately
submitted to a third reading, and the people will soon feel
the benefit of the new law.
The third, on judicial assistance. This law was
passed on the 23d of January last.
The Administration has left nothing undone to put
this law into execution. The auxiliary bureaux are now
everywhere open, and the poor as well as the rich can
assert their rights before the tribunals.
The law respecting the marriages of the poor has also
been successfully applied.
The last Message spoke also of projects of law rela-
tive to the rehabilitation of convicts, and the repression
of crime committed by the French in foreign countries.
They have been submitted to the Council of State,which
is likewise occupied with a proposition, emanating from
the Initiative Committee, on the subject of transporta-
tion. Great difficulties arose as to the appointment of a
place. These seem to be removed, and the law which is
requisite for the peace of society and the reform of con-
victs will sooa receive the double examination of the
Council of State and the Assembly.
The administration of justice has been everywhere
prompt and enlightened.

prepared to meet this object, has been presented to the
Assembly; a body of regulations, embracing every de-
partment of the financial administration of the colonies,
and their public accounts, is already prepared, and will
be in a state to follow immediately the voting of the

guarantee of discernment imposed on electors in the
knowledge of those who are to represent them, so long
a term of residence cannot be considered necessary for
the appreciation of the candidate destined to the go-
vernment of France.
Another serious objection is this—the Constitution re-
quires for the validity of the election of a President by
the people at least 2,000,000 of suffrages, and if this
number is not collected, the right of election is con-
ferred on the Assembly. The, Constituent Assembly,
had therefore decided that, out of 10,000,000 voters in-
scribed on the lists, one-fifth was sufficient to render the
election valid.
At the present time, the number of electors being re.,
duced to 7,000,000, to require 2,000,000 is to invert the
proportion,—that is to say, it is to demand almost one-
third, instead of one-fifth, and thus in a certain eventu-
ality to take the election out of the hands of the people
to give it to the Assembly. It is, therefore, positively
changing the conditions of eligibility of the President of
the Republic.
Lastly, I call your particular attention to another rea-
son which, perhaps, may prove decisive.
The re-establishment of universal suffrage on its prin-
cipal basis furnishes an additional chance of obtaining
the revision of the Constitution. You have not for-
gotten why the adversaries of this revision refused
last session to vote for it. They urged this argu-
ment, which they knew how to render specious :
" The Constitution," said th--y, " which is the work
of an assembly taking its rise in universal suffrage,
cannot be modified by an assembly issuing from a re-
stricted suffrage." Whether or not this be a real motive
or a pretext only, it is exp•dient to set it aside ant: to be
able to say to those who would bind the country down to
an immutable constitution,—Beloved universal suffrage
re-establish( d. the majority of the Assembly supported
by 2,000,000 of petitioners, by the greater number of the
councils of arrondisssmenrs, and almost unanimously by
the councils-general, demands the revision of the funda-
mental compact. Have you fess confidence then we in
the expression of the populer wilt? The question,
herefore, may be thu stated to all who desire a pacific
solution to the diffieultiee of the day:—
Toe law of the 31st of May has its imperfections,
but even were it. perifter, should it not, neverthelesw, be
repealed if it is to preveot the revision of the Constitu-
tion, the manifested wish of toe country?
It is objected, I am aware, that en my part these
proposals are inspired by personal interest. My conduct
for the last three years ought to repel such an allega-
tion. The welfare of the country, I repeat, will always
be the sole moving spring of my conduct. I believe it
my duty to propose every means of conciliation, and to
use every eff)rt to bring about a pacific, regular, and
legal solution, whatever may be its issue.
Thus then, Gentlemen, the proproal I make to you is,
neither a piece of party tactics, nor an egotistical celcu-
letion, nor a sudden resolution;—it ie the result of
serious meditation, and of a profound conviction, Ido
not pretend that this measure will banish all the diffe
culties of the situation. But to each day its appointed
task.
To-day to re-establish universal suffrage is to deprive
civil war of its ensign, the Opposition of its last argu-
ment. It will be to furnish France with the possibility
of giving itself institutions which may ensure its repose.
It will be to give back in future to the powers of the
State that moral force which can only exist so long as
it reposes on a consecrated principle and an incontestable
authority.
Receive, Gentlemen, the assurance of my high esteem,
LOUIS NAPOLEON BONAPARTE.
Elysee National, Nov. 4.

organic law.
Two other Bills, one on immigration and the regula-
tion of labour in the colonies, and the other on the or-
ganization of the judicial system, have bean prepared by
the Ministry and the Colonial Commission.
Lastly, our establishments on the western coast of
Africa are in a progressive state; their situation de-
mands, in the interest of that progress itself, several
measures which have recently been prepared and pro-
posed by a commission.
FOREIGN AFFAIRS.
We have reason to congratula!e ourselves on the state
of our relations with foreign Powers. From all sides
we receive assurances of the desire they feel to see our
difficulties peaceably ended. On our side, a loyal
and sincere diplomacy allies itself to all measures which
can contribute to assure tranquillity and peace to

Europe.
The more this peace is prolonged the more tightly are
the bonds between the various nations drawn. Prince
Albert's vast and liberal idea has contributed to ce-
ment their union. The English people have welcomed
our countrymen with a noble cordiality, and this com-
petition between the various industries of the world, in-
stead of fomentingjealousies, has only served to heighten

the natural respect of the nations.
At Rome our situation remains the same, and the
Holy Father is unceasing in his demonstrations of soli-
citude for the prosperity of France and the comfort of
our soldiers. The work of the organization of the Ro-
man Government proceeds but slowly; nevertheless. a
Council of State has been established. The Municipal
and Provisional Councils are gradually organizing them-
selves, and they will serve to forme. Consults whose duty
it will be to take a share in the administration of finances,
Important legislative reforms follow one fetter another,
and great pains ,ire taken with the creation of an army
which would promote the retreat of foreign Powers from
the territories of the Church.
At GaiststitiooPle our active interference has, since a
twelvemonth, been commanded by the protection of re-
li4ious interests. L was necessary to conquer difficul-
ties in the Cathuiic. and among the other Christian
communions, to terminate the disputes reepecting the
investiture of the Armenian bishops, and to promote a
transaction which will terminate ',hose deplorable quAr-
rels, which but too often are provoked by the posses-
sion of the holy places. If all be animated with one con-
ciliatory spirit, those sad contests are over for all time to
Come.
Our relations with Spain are satisfactory, and give
us cause to hope for a speedy and definitive regulation of
the dispute respecting the frontier of the Pyrenees.
We have eagerly seized the opportunity to furnish
Spain with a proof of the sincerity of our relations, by
joiniug England in effering the Cabinet of Madrid the
assistance of our naval forces to repulse the late
audacious attack against Cuba. Besides, our Minister
at Washington has been instructed amicably to support
the reclamations of the Court of Madrid, and the justice
of these reclamations has been most loyally recognized
by the Federal Government.
Peace is restored between Germany and Denmark.
Schleswig has submitted to the authority of its King;
the Austrian occupation of Holstein has terminated the
insurrection; and the cause of the intervention of
foreign troops having thus ceased to exist, I trust that
their stay will not be prolonged.
The resolution of the Cabinet of Copenhagen to de-
termine.the succession and to assure the integrity of the
Danish Monarchy have obtained the approbation of the
great powers of Europe. That which still detains the
official sanction is now merely a question of detail.
The dangers which a year ago threatened the peace
of Germany have been dispelled. The Germanic Con-
federation in its total has returned to the forms and the
rules which prevailed previous to 1848. It attempts to
protect itself against new convulsions by application to
an interior re-organization to which we ought to remain
perfect strangers. We had for a moment reason to fear
that the Frankfort Diet might be called upon to discuss
a proposition which vastly modified the very essence of
the Germanic Confederation, while it tended to expand
its limits, change its destination and European rale, and
which would have shaken the equilibrium which has
been consecrated by the general treaties. We thought
it our duty to make our representations. England, too,
protested. Luckily, the wisdom of the German Go-
vernment has removed this chance of a complication.
Switzerland has removed from its territories greater
part of the refugees who abused its hospitality. In
supporting that measure we did a service to Switzer-
land and to its contiguous States.
Novel events which have transpired from the Plata
coast have powerfully modified the situation of the States
which are engaged in the quarrel. These events compel
us to suspend the arrangements which we proposed to
make for a pacification.
The systems of reciprocal extradition of criminals and
of postal conventions extend gradually. Of this various
proofs have been given to the Assembly by several con-
ventions which have been submitted to it. Other con-
ventions will be submitted at a later period.
The conclusion of commercial treaties with Great
Britain, Tuscany, Belgium, Prussia, Denmark, and
Sweden, proves the solicitude of the Government for
the development of our mercantile and maritime re-
lations.
The Assembly bad expressed a wish that the literary
contention with Sardinia and Portugal should be adopted
by the other States at their earliest convenience.
Great. Britain and El itiover have already signed special
conventions, which reproduce the principal items of the
Sardinia and Portugal convention. 0:1 various oth r
points, and especially in Spin, negolia.ions ate suit
pending, and likely to lead to lollme good end.
The reclamations which a large number of French
merchants anti shipowirrs have to bring against the
Government of the United States, in consequence of
various arbitrary seizures by the Californian Custom-
house, are not yet either liquidated or paid; but the
American Congress and the Cabinet of Washington have
formerly recognised their justice, and we shall soon
obtain a legitimate satisfaction.

PUBLIC INSTRUCTION AND WORSHIP.
The law of the 15th of March, 1850, on primary in-
struction, has produced the happiest results. The
rectoral administration, being brought nearer to the
establishm.iits, and being aided by the concurrence of
eAti tonal thlegites, has exercised a most active sur-
veillance. _ .

Tao facility cranted to the communes of substituting
in certain cases free schools for politic schools, has not
diminished the number of the latter.

The numb(-r ot communal schools i% increasing. At
;he tiro when the law wa4 promulgated it wits 34 446; it

is now 34 939.
The instruction of girls, so important both for religious
and domestic order, is increasing more and more. In '
1850 the communal schools for girls were estimated at
10,171; they are now, in 1851, estimated at 10.542.
I'he new I.w has n.,r, been favourable to the tree in-
structiJu of boys. In 1850 there were 4,950 tree schools
for rys; there are now only 4,622.
The case is otherwise with the free schools for girls. In
1850 they amounted to 11,088; iu 1851 they amount to
11,378.
Avgether the primary schools have increased by 806.
The organiz %thin of public instruction, according to
the basis of the neTi law, has been entirely completed
since las.t year. The academic councils have shown
equal firmness and moderation in the exercise of their
powers. The superior council, placed at the head of the
hierarchy, maintains a powerful unity, and I feel justi.
fled iu saying, that freedom of instruction, which has
been developed in a remarkable manner, is without
danger, because it will be confined within proper limits.
In the transition from the old university regime to a
regime of liberty, many situations which have been ho-
nourably and painfully acquired are now threatened.
However, modest functionaries who have been removed
from their career by the force of events ought not to
lose the reward for past services. A proposition on
this subject will be laid before you, and I have no doubt
you will co-operate in the work of just reparation.
The creation of three bishoprics in the Antilles, and
in the Island of lieanion has now taken place. The
bishops have taken possession of their sees, and their
salutary influence at Martinique, R4anion, and Guada-
daloupe enables us to judge of the advantage that would
arise from the appointment of a more numerous clergy.
Some expenses will be indispensable for the foundation
of seminary colleges, already authorised in principle by
the organic decree of the colonial bishops. You will, I
think, perceive,the utility of carrying out, without much
delay, a work so happily begun.
The National Assembly, by receiving the demand of
the Minister of Public Worship in favour of diocesan
edifices, has not only proved its interest in our great mo-
numents, but has also wished to show its anxiety for the
requisitions of religion. Moreover, by adhering to this
generous disposition, it will form the opening of vast
ateliers in those departments where the position of the
working classes threatens to become very painful.
The non-Catholic sects hare also their due share in
the care of the Government.

LAW INTELLIGENCE.
COURT OF CHANCERY, Nov. 5.
FOWLER V. BAYNALL—JUDGMENT.
The LORD CHANCELLOR gave judgment in this case
this morning. The appeal was from the judgment of the
late Vice-Chancellor of England. The bill was filed by
Mrs. Fowler and her daughter, who was of age, and was
for the purpose of making the trustees under her mar-
riage settlement reinvest upwards of 8,000/. stock, which
they had sold out and lent on mortgage on Vauxhall-
gardens, there being at the time two previous mortgages.
The Vice• Chancellor of England having made a decree
in accordance with the prayer of the bill, the present
appeal was brought. His Lordship, after reviewing the
facts of the case, and the argument of counsel, con-
cluded by affirming the judgment of the Court below,
and dismissing the appeal.
Appeal dismissed accordingly.
MILLER V. HUDDLESTON—JUDGMENT.
His LORDSHIP gave judgment in this case also,
which, as was the preceding one, was an appeal from
the decision of the late Vice-Chancellor; of England.
The point raised in the case was, whether certain an-
nuities given by the will of Thomas Creswick had a
priority over legacies which were bequeathed by the
same will. Tae will in question was dated 10th
July, 1833, and by it the testator gave all his pro-
perty in trust to certain trustees, for the purpose of
being invested in Government securities, and directing
that there should be paid out of the interest and divi-
dends an annuity of 5001. to his daughter, Ann Miller,
one of 5001. to his brother, William Creswick, and ano-
ther of 501. to his nephew, Thomas Creswick. The will
tnen directed that after the payment of such annuities
he remaining interest and dividends should go to his
wife for lite, and after her decease, that a second annuity
of 5001. should be peid to Ann Miller, and that 5,000/.
should be paid to such person or persons as his wtte
eheu d appoint in her will, and the testator then directed
the payment of certain other legacies. It appears that
Thomas Creswick died in 1840, and his widow in 1843,
and the latter by her will dispos..d of the 5 0001. alluded
to, steel el.o of the arrears of the two annuities of 5001.
The two questions raised by the bill were—first, whether
tne annuities had a priority of payment over the legaciev,
or were to he sn,ited by them pro rata, as it
tri•ght turn out the property of the testator was in-
couipetent to pay in full; and the secoted point was
whether, in the event of the tiret point being decided
in favour of the annuitants, they could ask for their
arrears being paid out of the testator's property. The
Vice-Chancellor of Eogland having givca both points
in favour of the annuitants the present appeal was there-
fore brought. The Lord Chancellor, iu giving judg-
ment, was of opinion that the annuities and legeciee
must all abate in sus equal proportion, as they depended
upon the same equity, and also on the greund that the
testator did not contemplate that any deficiency would
arise when he made his will. His Lordship therefore
thought that no priority could exist unless the intention
was made manifest by the will. Is looking into the will
no such intention was, however, manifested by the tes-
tator. The bequests were placed in the will in the order
in which they occurred to the mind of the testator, but
no directions were given that they should be paid in such
order. On the question as to the two 5001. annuities
being payable out of the corpus he (the Lord Chancellor)
differed with the Court below, as both were ordered to
be paid out of the interest and the dividends. His
Lordship, in conclusion, reversed the decision of the
Court below. The costs to be paid out of the estate.

RESUME.

You have just heard a faithful exposition of the situa-
tion of the country. As to the past, it offers satisfactory
results; nevertheless. a state of general uneasiness tends
the
to increase daily. Every labour grows slack, poverty
augments, interests are alarmed, and anti-social expecta-
tions swell high in proportion as the enfeebled powers
of the State approach th.tnr term,
minbiy. I said to awnesr
were
of
favourably avoiding trhee.
In such a state of things the first care of the Govern-
dangers which threaten. and ensuring the best chances of
lt.tst message my words on this
Govern-
ment must be to seekit owuittbthp
re-
ceived safety.eivsubject,ed I Alreadytremember
A s Assembly.
you—
" The uncertainty of the future gives rise to many appre-
hensions, while it awakens many hopes. Let us all be pre-
pared to sacrifice these hopes to our country, and let us
give heed to its interests alone. If, during this seision,
you vote for the revision of the Constitution, our Consti-
tuent Assembly will remodel our fundamental laws, and
fix the destiny of the Executive Power. If you do
not vote it, the people 1111852 will solemnly mani-
fest the expression of
of its will anew. Whatever
may be the solution of the future, let us un-
derstand each other, i order that it may never be pas-
sion, surprise, or violence which shall decide the fate of
a great nation."
To-day the questions are the same, and my duty is
not altered. It is inflexibly
to maintain order, it is to
banish all causes of agitation in order that the resolu-
tions which are to decide our fate may be conceived
amidst calm and adopted without contest.
These resolutions can emanate only from a decisive
act of the national .sovereignty, since they are all based
on the popular electioa. Well, now I have asked of my-
self whether, in the presence of the division of passions,
of the :confusion of doctrines, of the division of parties,
when all combine to attack the morals, the justice, the
authority of the nation, we ought to stand by and leave
shaken and incomplete the only principle which in the
midst of the general chaos Providence upholds for us to
gather round it.
Since universal suffrage again raised the social fabric,
by substituting a right for a revolutionary fact, is it
wise in us to continue narrowing its basis? And, lastly,
i
I have asked myself, t, when new powers shall preside
over the destinies of the country, we should not from the
first compromise their stability if we left a pretext for
questioning their origin, or for misrepresenting their
legitimacy ?
No doubt was possible, and, without wishing for a
single instant to swerve irom the policy of order which
I have always followed out, I have been obliged in many
respects to separate from a Cabinet which bad to the
full my confidence and respect, in order to choose an-
other which, equally composed of honourable men, and
of such whose Conservative sentiments are publicly
known, but who consented to admit the necessity of is--
establishing universal suffrage on the broadest possible
basis.
You will therefore have presented to you the draught
of a law which restores the principle in all its fullness, in
retaining from the law of the 31st of May everything
which winnows universal suffrage from impure elements,
and which nukes its application now moral and regular.
The. project has consequently no features which can
possibly govern this Assembly; for if I think it expe-
dient to ask to-day for the withdrawal of the law of the
31st of May, I do not mean to deny the approbation
which I paid at that time to the Cabinet, which claimed
from the chief of the majority whose work this law was
the
It
of presenting it.
It we remember the circumstances under which this
law was presented, we shall not, I believe, refuse to
avow that it was a political act rather than an electoral
law, that it was really and fully a measure of public
benefit. Whenever the majority shall propose to me
energetic measures for the safety of the country, it may
rely on my loyal and interested support. But the best
of measures for the public welfare have but a limited time.
The law of the 31st of May has, in its application,
even gone beyond the object intended to be attained. No
one foresaw the suppression of 8,000,000 of electors,
two-thirds of whom aro peaceful inhabitants of the
country. What has been the result? Why, that this im-
mense exclusion has served as a pretext to the anarchist
party, who cloak their detestable designs beneath the
appearance of a right withdrawn and to be reconquered.
Too weak in numbers to take possession of society by
their votes, they hope, under favour of the general emo-
tion and the decline of the powers of the State to
kindle in several points of France at once troubles,
which would be quelled no doubt, but which would
throw us into fresh complications. Independently of
these dangers the law of the 31st of May presents as an
electoral law grave inconveniences. I have never ceased
to believe that a day would come when it would be
my duty to propose its repeal. Defective when applied
to the election of an Assembly, it is still more so in the
case of nominating a President ; for though a residence
of three years in a commune may have appeared a

VIOE-CHANCELLORS' COURTS, Nov. 5
(Before Sir G. TURNER.)
EAST V. TWYFORD.—JUDGMENT.
His HONOUR gave judgment in this case this morning,
which was argued at great length in last Trinity Term.
The bill was filed for the purpose of obtaining the opi-
nion of the Court OR the construction of one of the most
singular wills, his Honour observed, which the courts of
justice in this country ever had to deal with. Sir Gil-
bert East, the testator, had a large property, consisting
in part of money in the funds; an estate in Berkshire,
called the Fifield Estate; an estate in Suffolk; and pic-
tures, books, and furniture, &c. The will was made in
a book, and the persons alluded to were designated by
different letters, the whole construction of the will being
of a very novel character, and of immense length. Among
oth©r things, the testator made special provision for the
care of his dogs, allowing seven shillings each for their
keep, and directing that none of them should be
killed through mistaken notions of charity. He
also made a like provision for the maintenance
of his horses; directed that a woman named
Martha Hicks should be paid 601. per annum for the
care of his parrot, but that at the death of the parrot
the allowance should be reduced to 201. per annum.
He also directed that his remains should be put into
a coffin of cedar, that it should be lined with Rus-
sian leather, and painted threo times with black, and
that as much camphor and spices should be put into his
coffin as possible, and he desired that his funeral should
be conducted in as solemn a manner as practicable with
banners, &c. The question in this case for the conside-
ration of the Court was whether according to the true
construction of the will the plaintiff (Gilbert East) be •
came entitled to the estates alluded to as tenant in tail
male, and whether he had become entitled absolutely to
some heirlooms, which were directed by the will to fol-
low the disposition of these estates. His Honour, after
going at great length ii.to an examination of the various
points raised in the course uf the argument, referred to
the proceedings which bad taken plate with reference to
the present will in the Cana of Exchequer, and said
that he was reluctantly compelled to dissent from the
decision of that Court, and to declare that the plaintiff
took for life only. That being his opinion. on the con-
struction of the will, his Honour said he tnought it was
unnecessary he should give any opinion on the question
of executory trust. His Honour o?ncluded by declaring
that the plaintiff was tenant for life only, and dismissed
the bill.—Bill dismissed accordingly.
(Before Vice-Chancellor Sir JAMES PARKER.)
RAILWAY
THE ORPHAN ASYLUM V. STOKE.
This was a'i application, tor the payment of
toa tlhe,gmac.y
left to the Orphan Asylum, Westminster-road. The
Master had reported that the plaintiffs represented the
charity intended by the testatrix, and accordingly an
PUTTSo rder
hwavados
T 1 l
agreed.llB ,de
rf o:roAtppiEeu
sr paymenthaMAVENse a
pieceo f
DOCK the legacyANDnd
belonging
et irme t etloy asgtraenedd
over that theuo until
company y
Trinity should
COMPANY.
d
This was a claim for spscific performance. The com-
panyto the plaintiffs, but they had hitherto refused to com-
appoint a surveyor to value the land, and that the claim
Mr. Cooper, Mr. Hallett, Mr. Wigram, and Mr. Sh
shouldcom-
plete.Term.et e
It
bewasorudi
ap-
. ter, appeared fur the different parties.

ROLLS' COURT, /Vov. 5.

IN BE MONMOUTH AND GLAMORGANSIIIRE DANK•

WINDING-UP ACT.

Tie further hearing of this petition was resumed
this morning, when Mr. R. Palmer having concluded
his reply,
The MASTER of the RoLLs proceeded to give judg-
ment. He said this was a petition presented under the
Winding-up Act, and as there was pretence that this
bank had not stopped payment, it clearly came under the
operation of that Act, and under the sth section the pe-
titioner was entitled to an order of Court for having the
affairs of the company wound up. He had, however, to
eonsider whether he possessed the exercise of a discretion
to withhold it, and whether this was a fit cue for the

516

LONDON, THURSDAY EVENING, NOVEMBER 6, lobi.

HAWKINS V. MOULE.

exercise of such a discretion. He thought the Court I
had that discretionary power, which depended upon the
construction of the 12th section of the Act, and the
point now to consider was, whether this was a proper
case for its exercise. It appeared that at a
meeting of the shareholders a committee had been
appointed, with but one dissentient voice, with the
concurrence of the creditors, to wind up the affairs of
the company, and had proposed immediately to pay all
the small creditors in full, and to make a large dividend
in a short time without the intervention of the Court.
If that could be done, it might be for the benefit of all
the parties interested; but he much doubted their being
able to do so. They would have to ascertain and settle
the list of contributors in the same way as they would
before the Master, and he feared they could not do that
but under the compulsory provisions of thelAct.
ever, thought it reasonable that time should be allowed
them to make the experiment. He might send it for
a preliminary inquiry to the Master's office, but he
did not intend to take that course, as the only effect of
that would be, to ascertain whether they were tieing
what they offered to do. It was stated in affidavits,
that by the Ist of July next they would have a
dividend of ten shillings in the pound. It was
alleged that this would induce the creditors from bringing
actions for their true claims against the bank, in order
to give them time to realise the assets. Under these
cireumstaeces he should direct the petition to stand over
till the first petition day of Hilliary term next, with li-
berty to any party interested to apply in the meantime,
and then he should inquire what steps should be taken
to wind up the affairs of the company. In making this
order he considered it much in the character of an expe-
riment. He made it on the ground that the parties bad
a sincere desire to arrange the affairs of the beak to the
satisfaction of all partie4, and that they enterteined a
c .nviction that they could do so. He should therefore
direct the peition to stand over to the first petition day
of Hilliary term next, upon an understanding that the
petitioners should have access to the books of the com-
pany in the meatime.
An order was in consequence taken with that under-
standing.

COURT OF EXCHEQUER, Nev. 5.
;Sittiuv,s at Westminster, in Michaelmas Term, at Nisi
Prius, before Mr. Baron MARTIN and Common Juries.)

Tiais was an uction to recover compensation in
damages for the breach of an agreement which had
been entered into and violated under the following
circumstances:-;
Mr. Soaythies conducted the case for the plaintiff, and
Mr. Bramwell was counsel for the defendant.

It appeared that the defendant, on the 22d of August,
1849, sold his interest and goodwill in a beer-shop, No.
15, Tottenham-street, Tottenham-court-road, to the
plaintiff for the sum of 425/.; and in. the agreement there
was an undertaking on the part of the defendant, that
he should not set up in bnsines4, either as a seller of
beer, or as a licensed victualler, within two-thirds of a
mile of the Salters' Arms, the sign of the house he was
selling to the plaintiff. The defendant, however, violated
this undertaking by embarking as a licensed victualler
within the prescribed limit, in a house known as the
"Adam's Arms." in Hempstead. street, Fitzroy-square.
In this case neither plaintiff nor defendant was called as
a witness. Other witnesses, however, deposeddeposed
on behalf of the plaintiff, to the fact of the agreement
for the sale of the Saiter'e Arms having been entered
into, and that in the face of the condition referred to as
to the defendant undertaking not to set up in the same
line of business, had been violated by his becoming the
landlord of the Adam's Arms, which house was clearly
within two-thirds of a mile of the Salter's Arms. It
was likewise proved that several of the customers of the
latter establishment had become customers of the Adam's
Arms, after the defendant had become its proprie tor.
It was also proved that the defendant had made offers to
pay a compensation to the plaintiff, but that they had
not agreed upon the same. The result was the pre-
sent action,
Mr. BRAMWELL, on the part of the defendant, re-
gretted that the parties had not called in some mutual
friend, who should have said what compensation his
client should make to the plaintiff; for that he had
entered into this agreement, and that he had violated its
conditions, it was impassible for one moment to deny.
The simple question, then, for the consideration of the
jury was as to the loss the plaintiff had suffered, and
the amount of compensation he was fairly
.entitled to.
That he was entitled to some compensation, he was
free to admit; and the difficulty the jury would have in
the absence of any evidence as to what loss had been
sustained, would be to arrive at a sum which would be
fair and just as between the parties. He had, however,
upon this part of the case much ground of complaint.
Why had not his Learned Friend put the plaintiff into
the witness-box? For then the jury would have heard
from his own lips, or seen from his books, how many
barrels of beer he had drawn less subsequently to the
defendant's going to the Adam's Arm, than had been
his trade prior to that event. Had that been done, then
the duty of the jury would have been very clear and
simple.
Mr. Baron MARTIN, in leaving the case to the jury,
said it was a pity that the agreement had not been drawn
up by a professional man; for it it had, there would have
been a sum named by way of penalty. Here, however,
there was no penalty, and hence the jury would have to
find their way to a sum which they might think fitting
for a compensation to which the plaintiff was most un-
doubtedly entitled. If a man entered into an agree-
ment, he was hound to carry out its terms. The present
defendant had not done this, and, therefore, must pay
.he penalty.
The jury consulted for a few minutes, and then re-
amed a verdict for the plaintiff—Damages, 100/.

POLICE INTELLIGENCE,
BO W-S TR BE T.
Among the ordinary nigni charges disposed of by Mr.
Henry, was a complaint against Harry Broome an:
William Parry (the " l'ipton Slasher"), tor haviog
created a disturbance in the public streets at the unsea-
sonable hour of ono in the mornirg.
Police-constable F 102, deposed that the two pugilists
had been spending the evening with some gentlemen at
Evans's Hotel, Covent-garden, and, apparently to the
gratification of the latter, turned out at a little after one
o'clock and commenced fighting in front of the hotel in
King-street. A large concourse of disorderly persons
soon assembled in consequence, and the inhabitants of
the neighbourhood were uisturbed in their repose until
witness took the defendants into custody. They were
both intoxicated, but offered no resistance to the police.
Broome assured his Worship that he was as much
averse as any one to a street broil, and regretted i:xcei,n-
ingly that he had been unconsciously led into a public-
house quarrel for the amusement of others. It was his
first offence of the kind, and he begged for a lenient
penalty, as nothing of the kind should happen again.
The " Tipton Slasher" expressed his caltrition in
equally modest terms, and
Mr. HENRY, atter observing that the public annoy-
ance caused by their contentions was the serious part of
the occurrence, inflicted a flue of 20s. on each, or ten
days' imprisonment.—Th,. fines were paid.
MARYLEBONE,

Yesterday nearly a dozen drivers of omnibuses, run-
ning from the Engewa-e-road to Tottenham-court-read,
fur a penny each passenger, attended before Mr. Brough-
ton, by virtue of summonses which had been obtained
apinst them by Inspector Porser, of the D
for the offences of stopping loug,)r on the road than was
necessary for taking up or setting down passengers, and
for changing horses in the public streets.
The proceedings were instituted in consequence of a
great number of complaints which had been made to the
Police Commissioners by respectable parties, to whom
the practices alluded to were an intolerable annoyance,
and which had only been carried on since the closing of
the Great Exhibition.
Evidence in support of the charges was gone into, the
principal witnesses being Inspector Jackson and Sergeant
Bushell, D.
Mr. Crawford, who was the originator of the present
cheap system of locomotion by "bus," complained
strongly of the old London Conveyance Company for
opposing the new omnibuses in a most unfair and shame-
ful manner, inasmuch as the old company continually
had an omnibus immediately in advance and behind each
of the new ones, thus doing all in their power to prevent
the new company from succeding to break down a mo-
nopoly which for many years had existed. Some of the
proprietors of the old company had also resorted to the
expedient of posting upon their bills the word of " Craw-
ford," with the view of misleading the public.
Some of the defendants were ordered to pay the costs
of the summons, and others were fined 10s. each.
The MAGISTRATE remark.-d that if the present sys-
tem of opposition between omnibuses was to be suffered
to continue, and to go on as it had since the close 01
the Exhibition, the Legislature would,
he hoped, int r
fere to limit the number of omnibuses plying through
the streets of the metropkilled.
ohs, being n-
-
tinually in danger of being run over, and perhaps
WORSHIP-STREET.
.c
Five respec ews Flaneis
Richard Burdett Walker, Matthew 'Matt
tabl y • resm3ii named Charles
Williams, Richard Law, and Horatio Stainbrzage, wereh
placed at the bar before D'Ey ucourt charged with
having obtained under false pretences a large qu,_no y
of miscellaneous property from tradesmen in different

parts
Mr.o Jf the metr-oolis.
Jay, from the office of the Trades' Protect:on
Society, silvered for the prosecution, and the curs was
crowded with tradesmen and uth- ra who were auzious to
prefer charges against the prisoners.
Sarah Saul, shop woman in the service of Mr. Edward
Watkins, a haberdasher in Norton Folgate, stated, that
on the 24th of September last the prisoners Walker and
Matthews drove up to her master's door in a horse and
gig, from which the latter alighted, and, introducing
himself as 4, Mr„ W cf, alker," of No. 18, Anne's-terra.
Hackney, requested her to send some bonnets, mantl.;
and other articles upon approbation to the ladies of his'
family. A portion of the goods were accordingly
for-
warded to that place on the same evening, and on h
following day the prisoaer Matthews again called at the
shop, accompanied by three young women of ladylikete
appearance, who selected three bonnets, some mantles,d
and a Leghorn bat and feathers, which they
might be sent to them at the same address.
dWitnite.'sds
delivered the articles at the house on the Aon ay fol-
lowing, when she received a further order for two other
mantles from one of the young ladies, who told her that
her papa would call at shop next day and pay
for the whole of them. He failed to d
and on proceeding again to the hoesheo o
fsou'ri however,ditwas
w
shut up, and that all the parties had absconded.
Mr. William Norris, agent to the Rev. Mr. Moore, the
owner of the house in Anne's-terrace, stated that in the
month of Jane last he let the premises in question to the
prisoner Walker under a written agreement for three
years at the rent of 50/. per annum, but shortly before
the end of the first quarter he mecived information thtt
had,Dshoeeoinify e
vaertvar:wds transmitteda_at_erdthopiico , andto him thestreet do r k
ik ya r wasel
throug-
hthe
v9wPADY. At the time he offered hiroaelf ad