The Sun.
London, England, 1867-02-20 00:00:00

BRIM

Cam. Consol. (.1 ola, lira
Chivcrton

Clifford Amalgamated.
Devon G. Cona. (Tavlet
Urakewalls
East Bassett
Nast Caradon
East Cant Bra
Nast Grenville

East Gunnislake
East Lovell

I. WI Russell (Tavlstk
Gam.& StAubyn(G wen.
Great Lixey, limited
Great South Tolgus
Great Wheal Busy--
U. Wheal Vor (kielst,u
; renville
tlerod's Foot .....

3larke Valley
_Eliainrggsatroent
twyndy Iron Ore, Jim
I)(UonwynsLelant'
New Sewn ••••1
North itoskear
North Wheal Crotty ••'
Prosper United...." • • Pr,,yidenee ,Uny Lelant
/S. Caradon (St. Cleer)
South Condurrow
S.Wheal k`ran. (Mogan
Stray Panic
Pin Croft .... ..... ...
Vigra and Clogan
,
West Vassettallogan W. Caradon (Ltakeard
West Chiyerton .......
West Seton .....
Wheal Bassett ,Illogan
Wheal Buller (Redruth
Wheal Mary Ann (Men.
Wheal Seton ....... , .
Wh.'
Trelawney (Li*.

H MINIGS.

2.1.0
294
2.14. t

2.14:0
8.3. t
3.9.0
11.2 6,

all
0.14.6

if
3.2.0
18.18.9
35.15.0

ssi
5 i 7.0

17 16

VICKKICKEN(Ii4; bELAR,,,
North Eastern, West Hartlepool Harbour and Rail,. 83
LINES LEASED AT FIXED RENT.II.I4b.
Mid. Bradford,'Pf. stock 91
reston and Wyre. *ll
Wilts and Someset, 78
FORE) GN BAIL WATS.
Great Luxembourg. 1 It I
Recife and San Francisco, Bin., gua. 7 per cent., 9j

FOREIGN KINEN.
Chontalea Gold and Silver Mining, 21

Port Philip,;}
United Mexican, lira., 21 i

" " - -DOCKS.
London and St. Katharine, 601
BANKS.

Agra, lim.,
Alliance, lim., 174
Anglo Austrian, 61
Anglo-Italian, Um., 104
Australasia. 67
Bank of Egypt, 3:4
Chartered sler. of India. London, and China, 31
City, 14
Consolidated Bank, 11m., 44
East London, lim.. 3 24
English, Scotch, and Australian Chartered, 17
Imperial Bank, lim., 224
Imperial Ottoman, lim.. 84
Land Mortgage Bank of India, lim., 3 21
London andt;ounty, 64
London Joint Stook, 43 4 24
London and South African, in
London and South-Western, lim.. 13
London and N estminster, 01,1
Midland Bank, lim., 184
Provincial of Ireland, 844
Union of London, 454 5
MISCELLANKOUB.
Anglo-American Telegraph, 154
Atlantic Telegraph,
Dit o, 8 per cunt., 57. 5
Australian Agricultural, 10
Berlin Water Works. lim., 124
Ceylon Company, 101 :
Ditto, A shares, 12 4 •
Commercial Union. Insurance. 34 4
Credit iconcier of Englanu. Jim 434 4 1
Crystal Palace,
Ditto, 6 per cent. perpctl. deb., 108 6
Electric Telegraph, 132
Gen. Credit and Discount, 11m.. 5
Home and 11.1onial A sourance, If
iludson'Fl Bay, hi
Imperial Laud Company of Marseilles, lim., 1 04 14
International Financial Bociety. Lim_ 2 4
London Financial Association, lim., 7
London General Omnibus Company, lim, 3
Lon on aut.! Provincial Marine, i 4
M •dras Irrigation and Canal (guaranteed 5 per cent, by In.
dian Government), 191
Slerchant Shipping, lim., 12i
National Discount. Company. 134
North Britisn AustrAlasian, IA
Ocean arine Insurance), 114 ti
Peninsula and Oriental steam,
Ditto, new, 63; C 4
Royal Mail Stearn, 108
rust and Loan Company of Upper Canada, :44
Viceroy of Egypt, Mortgage, Luan, 7, 4 2

THE NEW Doa-TAX.--The dog-tax of ss. per
year, instead of 125., will commence on the Ist April. In
the year ending the 31st March the net sum realised was
£219,313, against £210,330 in the preceding year, showing
MU increase of £8,983.

LAW INTELLIGENCE.—This Day.

COURT Or` CHANCERY.
(Before the Lord Chancellor.)

KNOX V. GTE.-.TRE ROYAL ITALIAN OPERA.-JUDGMENT.

This morning his Lordship delivered his judgment in
this case, which was an appeal from the decision of Vice-
Chancellor Wood. The plaintiff, Col. Brownlow Knox,
sought by his bill to obtain a dissolution of partnership al-
leged by him to exist as to the affairs of the Royal Italian
Opera, Covent-garden, between himself and Mr. Gye, and
consequent relief upon the footing of such partnership, and
also as to the share in the adventure of the late Mr. Thistle-
thwayte, who died in the Crimea. The defendant denied
the existence of the alleged partnership, and stated in
effect that the money contributed by the plaintiff some
years previously to assist blue in carrying du the opera
was advanced upon the express footing that if the money
was lost the loss should fall upon the plaintiff, who would
only look to repayment in the event of profits being made,
' •

and in no case to share of the► profits. As to Mr. Thistle-
thwayte's share and the disposition in favour of the plain-
tiff and defendant made by that gentleman before leaving
England, the answer of Mr. Gye set forth that a deed was
prepared but not executed, owing to the opposition of the
plaintiff to bo therein named as a partner, and the arrange-
ment for giving Mr. Thistlethwayte's share, in case of his
death, to the plaintiff and defendant equally, was effected
' by a will. Notwithstanding this statement in the answer,
the plaintiff had not, up to the hearing, amended his bill
by setting out the will in question, probate of which had
been only obtained on the Gth November, a few day
before the hearing in the court below. The Vice-Chan-
cellor held that Colonel Knox had wholly failed to
establish his claim to be a partner, but inti-
mated that some relief might be obtained as
to Mr. Thistlethwayte's share, and also as to the
£5,000 advanced by him, in case profits should be found
upon inquiry to have been made in carrying on the
theatre since the advance of that sum. The plaintiff
subsequently moved for leave to amend his bill by setting
forth the will of 21r. Thistlethwayte, Sce.„ and the appli-
cation was supported by an affidavit for the purpose of
explaining his not having amended the bill before the
hearing. The motion was directed to stand over for judg-
ment, together with the point left undisposed of at the
hearing, until Dec. 4, when the Vice-Chancellor refused
leave to amend, on the ground that the plaintiff had given
no satisfactory explanation of his delay in amending, his
bill and obtaining probate, and decreed that ho must be
left to raise by supplemental bill any case he might be
advised to assert as to Mr. Thistlethwayte's will, so
as to afford the defendant full opportunity for meeting
the same. The case having subsequently come before
the Lords Justices, leave to amend was refused,
from which decision the plaintiff appealed. His lordship
reversed the decision of the Vice-Chancellor, who dealt
with Thistlethwayte's interest in the undertaking, and
varied that portion of it which dealt with Colonel Knox's
interests. The Vice-Chancellor directed that an account
should bo taken between the parties down to the year 1857,
when the Italian opera performances closed at the Lyceum
Theatre. His lordship, however, this morning directs that
an account bo taken down to the year 1855, when Covent
Garden Theatre was destroyed by fire.

APPEALS.-HOUSE OF LORDS, FEB. 19.
O'MALLEY IRWIN V. SIR GEORGE GREY, BART.

This was an appeal from the Court of Exchequer Chem-
ber, affirming a judgment of the Court of Common Pleas
in the defendant's favour.

The plaintiff i❑ error appeared in person ; and the Soli
citor-General and Mr. Thomas Jones represented the do•
fendant in error.

The action was brought by the plaintiff for a mandamus
commanding the defendant to submit his petition of right
to her Majesty, pursuant to the Petition of Right Act, 1860,
and " when her Majesty's fiat being obtained to the said peti-
tion to return the same to the plafutiff." This application was
made under the provisions of the Common Law Procedure
Act, 1854, sec. 68, to a jury for a mandamus, and not to the
discretion of tho Judges. The plaintiff submitted that
acts of Parliament worn not passed to remain dead letters,
and he trusted that his having been the first to avail him-
self of the remedial provisions of the Act against an
executive Minister of the Crown would not bo deemed in
the remotest degree to derogate from his confidence in her
Majesty's Judges; to whom only, previous to the passing
of the Act, an application for a mandamus could be made.
Besides, Lord Lyndhurst and all other learned statesmen
were of opinion that no matter in dispute between the
Crown and the subject should over be tried otherwise
than by a jury. Tho plaintiff, by his petition
of right, claimed £lOO,OOO, pursuant to an award
dated 12th March, 1858, of Lord Westbury (then Sir
Richard Bethell) in his favour. The first section of the
Petitions of Rights Act, 1860 (23d and 24th Vic., c. 34),
gave the subject a right to select any ono of the superior
courts at Westminster for the trial of such petition. He

selected her Majesty's superior Court of Queen's Bench at
Westminster for the trial of his claim, as set forth in his
petition of right, dated 21th April, 1861; therefore, no
other court, power, or authority., except his chosen court,
could investigate, try, and decide his claim to £lOO,OOO,
pursuant to said award ; and ho submitted that it was not
competent or consistent with the duty of the defendant to
advise the Queen to withhold her fiat to the petition of right
That the jury in this case not haring been constituted ac-
cording to law (the Gth Geo. IV., c. 50, s. 25, 30, and 57),
their verdict was a nullity; therefore the judgment of the
Court having been founded on such a verdict— in fact,
having been founded on a nullity—is erroneous and alto-
gether illegal. That it is admitted on the record that only
ten of the special jury struck were summoned, also that
eight of them were not summoned; consequently the green-
grocer and corn-chandler from tho immediate neigh-
bourhood of defendant's residence in Pimlico were
illegally and in controversion of the jury laws
placed on the jury, in place of the special jurors
who were struck, and mutually fixed on to try the cause,
but not summoned. That if this maladministration of law
could not have occurred if defendant had not had the venue
changed from Surrey to Middlesex, his own county, con-
trary to the plaintiff's strongest remonstrance. That it is
admitted on the record that the special jurors names were
not called over in Court at or after ten o'clock, the hour
named in the summonses fcr their attendance, and for
the Court to sit. The record, therefore, proved that
the defendant's allegation of the plaintiff's ground for
the bringing error was that the special jury panel
was called over before 10 o'clock is manifestly fallacious;
and a suggestioAlsi, which is set forth in his printed case.
Plaintiff referred to " The Law and Practice of Writs of
Error," pages 5 and 77, and to various authorities from

tho Year BoDks, 17 Edward 111., p. 50," to decisions of all
Le courts down to the present time, both "in Error" and

"on motion," to sustain the law that the special jury
struck must try the case, and that there can be no tales
jurors unless the special jurors are summoned ; when by
the section of the Common Law, Procedure Act there may
be a tales. Also, that a bad verdict cannot help itself has
often been determined, and that hero the defeat was in the
verdict itself. On those grounds the present appeal was
brought.
Mr. O'Malley Irwin hadnot concluded his case when the
court adjourned.

POLICE INTELLIGEACE.—This Day.

-o -

MARLBOROUGH-STREET.

ATTEMPTING TO ROB A LAUNDRESS'S CART.—Thomas
Tyslin and Thomas Wilson, two young men, were brought
before Mr. Tyrwhitt, by Gordon, 33 0, charged with
attempting to steal a basket of lines from a laundress's
cart.

Police-constable Gordon said he saw theprisoners loiter-
ing about Clurges-street, and go up to a laundress's cart
and try to remove a basket of linen, but they could not do
it, and after following them through several streets, he
took them into custody.

Iu answer to the chargo, the prisoners said they were
hard-working fellows.

Mr. Tyrwhitt said ho had no doubt they were, but with-
out they could call any witnesses to character, he would
have to commit them for three months each with hard

labour.

The prisoners having no one to speak to their character
were committed for three months each.

THE SUN, LONDON, WEDNESDAY EVENING, FEBRUARY _ 20, 1867.

soner by appointment, and was about to hand him a sove-
reign, when a police-c,onstable, by a pro-concerted signal,
made his appearance and took the prisoner into custody.
Mr. Paget said the witness Schriebor had acted very
honestly and properly.
The prisoner, in defence, said be did not tell the potman
there was a sovereign and ss. in the hole. He did not know
how much silver there was in the hole.
Mr. Paget committed the prisoner for trial.

TIMID EDITION.

SUN OFFICE, 7 o'CLock.