The Sun.
London, England, 1835-01-20 00:00:00

MIDDLESEX ELECTION.

Mr. IIt:NIE's speech, continued from our First Edition of
yesterday, and which appeared in our. Second Edition of last
night :—That gentleman ought to recollect that Rome was
saved by the cackling of a single goose—( Laughter)—therefore
one voice was not to be despised ; but his was not the only
voice—he thanked God that there would be 300 good men in
the House of Commons-4 Cheers)—he believed near 400, but
t all events, there would be a sufllcient majority to drive the
Tories out.—(Cheers.) He was very glad to say that the
feeling generally during his canvass seemed to be that almost
every good Reformer thought that. the • success of the struggle
depended almost upon his own vote, and it was by such feel-
ings and such exertions that their cause had been gained.
-4 Great cheering.) They ought tq recollect that the
Reform Bill was not passed merely to drive out the borough-
mongers and to reform the House of Commons, but to reform
the people themselves.—( Cheers.) It was to make them ho-
nest and•independent voters, so that they should send to the
ttreat council of the nation only those who would devise and

upport those measuresWhieh would be most conducive to the
best interests of all. The Reform Bill was passed, first, for "
purpose of driving out the boroughmongers ; secor- aue
the Lords to their own house, where he trust'
—ear, to drive
.
the third, that better men might ha .esethey would stop ;
should represent the people • sent We the House, who
who were electors sh• aciettetetreee ; and, fourth, that those
mkt repeeeent those of their fellow-corm-
e-ymen who '
were y-tt deprived of the franchise. Unless,
the electors, by the next eleation well considered all
thing-s, so that an end was put to bribery and corruption,
end of raising the moral feeling of their countrymen, and
teaching them that as freemen they have a most important
duty to perform—he trusted dint at the next election
so many would not be carried away, by the influence which
their unfortunate situation often obliges them to submit to.
But let the past he past, and let them look forward to the fu-
ture, when he doubted not those men who voted against their
consciences now would make amends—( Cheers.) In order,
therefore, to make the Reform Bill complete, the country mus:
go on and (said Mr. Hume) it will be my bumble endeavour,
single handed, if need be, to carry the completion of that mea-
sure to enable every man to be free, to give him the power to
exercise his vote peaceably and honestly without favour or com-
pulsion by the ballot—( Cheers.) The fabric of our constitution
roust be placed on the broadest basis, instead of there beii4,
616,000 electors in England, I hope to see two or three mil-
lions of men, alike interested in supporting the general inte-
rests of the country, and having a voice in the legislation
thereof.—( Cheers.) In wishing that, I am the best friend
of the Crown, I art the best friend of the altar, and of all
our institutions that are good and valuable and are worth pre-
serving, while still I wish to be understood the most deter-
mined emeny to all abuses that exist, having an undying de-
sire to see them reduced.—( Great cheering.) England has
gained much, but not so much as my own country. Scotland,
u hide prior to the passing of the Reform Bill, contained only
3,500 electors has now 64,000, who I am happy to say are
doing their duty so well, that even the Duke of Wellington's
Quarter Master General has been rejected from Perth—.
-( Cheers)—and though Sir George Clerk has maintained a
majority of 22 votes only, it shows that corruption had taken
too deep root in Edinburgh, bet next election we may count
(10011 my countrymen doing their duty by not suffering a single
'dory to remain.—( Cheers.) They are already np hi
armse—they feel the value of reform—they have gained
corporation reform by a Bill pasSed by- the late Par-
liament which has been so unjustly dismissed in disgrace.
The magistracy are now all elected by the inhabitants of the
towns.—( Cheers.) There we find the -magistrates, and any
one ender them, acting ir, cordiality and good feeling. ?co
longer do the bickerings and scenes of old, which were a dis-
credit to the country, exist. They are so far renovated, audit
will be my pleasure and desire to attempt to carry reforms
equally sweeping and useful in all the Corporations in Eng-
land, for there the seeds of corruption lie dormant, as we
perceive by the returns some towns have returned the stoutest
Tories, and neglected the best men, only because they were the
hotbeds of corruption, and reform bad not yet reached them.
But in another year this, I hope, will be at an end. Glasgow,
the most populous and thriving city in Scotland, has rejected
the half-and-half man, Mr. Ewing, and returned two tho-
rough-bred to the back-bone Reformers.--( Laughter and
cheers.) They have sent Mr. Oswald and Mr. Dunlop, who
is as good a man as ever stood in shoe-leather. Scotland
thus is doing its duty, and I hope that all the means which
have been set at work against Reform in this country not
prevail, and I congratulate you on the progress we have made,
but I tell you we shall make no further progress if Sir R. Peel
and his party are suffered to keep the Government. It is your in-
terest then, and the interest of every man who wishes to carry the
great principles of Reform, to chase them from their seats
In that I hope the House of Commons will do its (Ite v In
reference to the Reform Bill I trust you wilt and ne"liways
striving to reduce all unnecessary exiee".uiture, to destroy un-
merited pensions and all sinecures which have disgraced this
country, and sinecurists wt.
a are the principal supporters of a
bad Government. ',hey know that if we give them but a
completely r'f-orrred House of Commons, and secure a re-
fc`rmedraenistry, that their days are numbered, and on this ac-
writ they are most strenuously opposed to all reformers ; it is
a death's struggle Kith them.—( Laughter and cheers.) But
in proportion to their efforts to resist reform, let your exer-
tions be vigorous ; let every man consider the cause his own,
and it will be triumphant as on this day.—( Cheers.) Much
has been done, but much more is to be done, and though the
Tories say nothing will be done, much shall be dune. We
have our eourts of law to reform, thoSe Augean stables. I do
not believe that there are a more Tory set of men than lawyers
throughout.--( Laughter.) There are many excellent excep-
tions to this. Some of the most honourable in the profession
have supported me---( Hear, hear)—but I speak gene-
rally, and you have seen them very active in their influence,
and you know that they are more opposed to Reform than any
other class of people. In addition to that, we have the church
Ito put to rights.—( Hear, hear—" that's what we want.")
If the Church be in danger, it is from those who inconsiderately
refuse to reform its abuses. They are the enemies of the
Church, because they resist, and by their resistance of Reform
they will procrastinate until a superior power may sweep away
even that which we should wish to preserve.—( Hear, hear. )
I shall therefore consider that the country is not satis-
fied, and that the House of Commons has not done its
duty until that reform be carried.—( Hear.) From the Tories
I can expect nothing, though they have all become Reformers
of late.—( Laughter.) I -do not understand the extent of
th. ir Reform, and therefore have no confidence in them. There
can be, and there ought to be, no peace in the country until
we have a Reform Government, and I am doing, I conceive,
the Pest I can to put an end to a bad Government.—( Noise
from Mr. Wood's snpporters, and cries of " Keep your men
quiet, Wood 1") For Ireland, that unfortunate country, the
new Parliament ought to do justice. It should be borne in
mind by every one that Ireland did more to carry the Reform
Bill than all beside.. We should have found much more difficulty
in accomplishing that object, but for the Irish members. Ire-
land, however, has not benefitted in proportion ; let us there-
fore direct our attention to her, and see what can be done to
put an end to that confusion and bloodshed that have so long
disgraced and distracted her. To that end the Irish Church
must be curtailed, reduced, and reformed—( Hear, hear)—
and it will be my delight to aid in performing the task. One
word more, as we have been successful in obtaining the victory,
whatever bad feeling may have existed, let us use our victory
with moderation. On one of those banners you will see my motto
' Perseverance in a good cause'; on the reverse you will perceive
cheap. and good government' as the object of that persever-
ance. As we arc powerful by our majority, let us strive by
our majority, let us strive by reason and fair argument to con-
vince those that have opposed us by their votes that they were
wrong and we were right.—( Hear, hear.) Ours is the cause
of truth and justice, therefore it becomes us to conduct our-
selves with peace and moderation ' • and with these words I take
my leave of you, thanking you a thousand times, and wishing
you a very good morning; I am exceedingly obliged to all
those who have attended here this day to grace the triumph
against the Tories. Mr. Home retired amidst loud and re-
peated cheers.
Mr. Woon on presenting himself was assailed by a volley of
yells and groans, and after making several ineffectual attempts
to gain a hearing,
Mr. HUME came forward and said—As a favour I do entreat
you, in furtherance of the cause you All have at heart, to give
Mr. Wood a hearing. If we arc strong let us be .generous,
and hear what he has to say. I am sure there will be no great
difficulty in answering it.—( Laughter and cheers.)
Mr. WOOD then proceeded—Gentlemen, I perfectly agree

with a sentiment uttered by our worthy Sheriff— I acknowledge
that I am defeated, but I think lam not disgraced.—(Up-
roar.) Gentlemen, I came here to thank those electors who
have honored me with their suffrages.—( Groaning.) I came
also to thank the worthy Sheriffs for their courtesy,
impartiality, and kindness. I came here to thank those worthy
friends—( Uproar)—and if I am not allowed an opportunity now
I shall have it in private, if I can even then express my feeling
of gratitude to them for the support they have given me.—
(Great uproar and hooting, in the midst of which sonic orange
peels were flung at the hon. gentleman.)
Mr. BARCLAY entreated that they would give Mr. Wood a
hearing. He was a beaten candidate, and therefore had a
right to be heard. He trusted that they would not act in so
unmanly a manner as to fling any missiles, which might hurt
friend as well as foe.

Mr. Woon (who still maintained his good humour) resumed.
I regret that you are so very impatient, as there are one or
two subjects connected with •the late contest which I should
wish to allude to. The Hon. Gent. has said that Mr. Byng has
many of my votes—l wish he would give them back that I might
add them to the account.—( Uproar.) lam afraid of dis-
pleasing you, but there is another subject to which I would
wish to allude. An expression has been made use of during
some part of this contest, that the Hun. Gentleman was en-
deavouring to crawl in on the back of Mr. Byng.—( Hissing,
groaning, and uproar.) Suppose, for an instant that such was
the case, and that the Hon. Gentleman was placed on the
back of your old and tried representative—imagine his sturdy
frame and lusty arms embracing your old representative—was
he not a regular pick-a-back gentleman ?—( Hooting and tre-
mendous uproar.) Suppose them continuing their political ca-
reer in company, they might perhaps beguile the tedium of the
journey by a comparison of their political principles.—( Uproar.)
Perhaps the Hon. Gentleman (Mr. Hume) might begin with
asking your old and tried representative if he had mad up his
mind about the Bishops?—( Hear, from Mr. Wood's friends on
the hustings.) He would not get a very distinct answer, I
fear. Perhaps he might also ask him some question as to the
ballot ?—( Groaning.) I almost think that your old and
worthy representative would give the Hon. Gentlemen a de-
cided No. A coalition has been spoken of, but it has been
disavowed on the part of the Hon. Gentleman. In my tra-
vels through the eastern part of this district, it has been avowed
by his committees, and I have seen the hackney coaches tra-
velling about to collect the voters of both parties—( Hissing)—
and.their names have been joined together in a fraternal em-
brace.—( Uproar.) I don't complain of thisn--(Heoting, and
pelting of laurel leaves and orange peel.)
Mr. Sheriff RAPHAEL came forward and intreated of them to
give Mr. Wood fair play.
Mr. WOOD—I have no animosity to the Hon. Gentleman.
—( Renewed uproar.)
Mr. BARCLAY requested they would hear the Hon. Gen-
tleman. Anything like violence would merely injure their
Cause. They had complained of the violence of the opposite
party on Monday last, and he trusted they would not now resort
to it. Let thou fight their opponents with argument and not
with physical force.—( Cheering.)
Mr. Woon resumed—lf you were not so impatient I should
complain also, that the Hon. Gentleman has charged me with
being the partizan of a party or faction which I have at the
outset most decidedly disclaimed all connexion with. ( Uproar. )
Mr. Woon then proceeded and said, that no man could nee-
r, present Middlesex upon party views—(Che---
ventered to tell the honourable gent"- ; and be
upon his return to posher-- Mr. Hume, that
views. The en" ' —et he must not act upon party
end.are • ....nntened constituency of Middlesex would not
.um if he showed himself actuated by party motives.
e Cheers.) They would demand beneficial and useful Reforms
but they did not want party—they did not care for party—
(Great uproar.) At the outset of the contest, he had
an opportunity of stating his opinion upon various ques-
tions of the most . vital importance. He gave di-
raet and explicit answers to the questione that Were prat
to him, for he did not wish to obtain any man's vote under
false colours and pretences. Upon the subject of the exten-
sioa of suffrage and triennial Parliaments he had expressed
his opinion, and he still admi tcd that they were subject of
debate. Viere were other questions introduced—namely, the
ballot, the expulsion of the Bishops from the House of Lcirds,
and the separation of Church and state. He was of opinion
that these questions were foreign to the British constitution.
lie regarded them as noxious weeds, blown by the hurricane
of political excitement from some foreign land, and which, if
suffered to take root, would taint and contaminate the healthy
atmosphere of the British Isiene(Cireat groaning and some
cheers.) He placed before his view also the inevitable con-
sequence of these measures—he eombined them together, and
combined, he beheld them form a hideous group, and he be-
lieved that revolution, anarchy, and strife followed In their
train—( Tremendous groaning and uproar, with cheers from Mr.
W.'s party.) He might be deceived, but he was honest in his opi-
nio , and he declared his opinions with the candour of an honest,
and he hoped, an honourable man. As these would be the
last words he would ever address to them, be must express
himself upon some other questions. The Hon. Gentleman
( Mr. Hume) had said that the Church was in danger ; if the
Church be in danger, then he would say that the nation was in
danger.— (Great uproar.) He would say, if they were tile
last words he should ever utter, that he would stand by his
respected Church—the most valuable of our institutions, be.
cause the most sacred.—(Great uproar, and some cheering.)
He could speak with more justice, because he had but
lately returned from a foreign country which was disgraced by
open and avowed infidelity, and he felt relief in returning to
the pure and simple principles and doctrines of the Established
Church. That Church was the nurse of all our liberties and
the protectress of our rights, and when Englishmen abjured
their principles of religion, and pulled down the venerable
fabric of the Established Church, this country would fall as
Rome had fallen.--n-(" Oh, oh," 'and great uproar.) Let thein
look to history—he had not the words in his remembrance,
but he knew that when the Romans neglected • their re-
ligious principles—superstitious though they might be—Rome
fell.—(,Groat uproar.) He saw they wore impatient—he must
soon bid them farewell—he wished to do so in friendship and
good humour.--( Cheers.) There was, however, one other
subject to which he would refer, and he would do so not as a
soldier, but as an Englishman. That subject was as to the
character of the Duke of Wellington—( Great confusion)_
the people's friend, and the friend of property.—( Great
confusion, and cries of " no friebd of the people.")
He would not detail the numberless victories he had obtained
—(Hissing)—his wonderful career, or that extraordinary for..
tune—( Hisses, and much confusion)—which enabled him to
overthrow the iron hand of tyranny and despotism which had
been built up by Napoleon_( Great eonfusion)—but he beg-
ged to return the Duke of Wellington his best thanks and
gratitude for his disinterested conduct upon a late occasion.—
( Much uproar.) The Hon. Gentleman (pointing to Mr.
Hume) bad in one of his effusions called the Duke the Dicta-
tor—( H isses,
and cries of " So he is ")—he did not know
whether it was the character of Cincinnatus or Camillus that
biought that to his mind; but be it what it might, he thought
the Duke totally undeservin of that name.—Great confu-
sion). Tnn sacred trust of being a representative of the
.F"111...; of Middlesex bad probably been placed in better hands
:earl his own,—( Cries of " A man you may depend upon."
-but he would tell those in whose hands that
trust had been placed, that they must not abuse
it.—(Much uproar anp confusion.) He did not des-
pair for the Constitution of his country, if ternpe-
rate and useful improvements were carried on.—( Cries of
Oh, oh 1" and much confusion.) They might be called Re-
form or any thing else, all he was anxious for was to see his
country happy, and carry her- commercial interests into every
corner of the. world.—( Cheers and uproar.) He thanked the
electors for the hearing they had given him, and he trusted
that he should leave the hustings without an enemy,
and he hoped with many friends.—(Mr. Wood concluded amid
much confusion, groans, and cries of " Farewell, Wood.")
Sir PETER LAURIE came forward to propose a vote of thanks
to the Sheriff, amid tremendous noise and confusion. Mr.
Sheridan had said that many men had run their heads against
a wall ; but the Whigs were the only persons who built one
for the purpose of running their heads against it.—( Great
confusion.) There was a new expression, introduced by
Lord Grey, called " The pressure from without."—( Hear.)
—this was the pressure from without, for there were present
the Whigs, the Tories, the Radicals, and the ultra-Radicals.
He said nothing against Mr. Hume, nor Mr. Byng, for
neither of them had touched any of the Whig money.—( Much
confusion, and cries of " Move, move.") Sir John Campbell
had advised the people to stop the supplies=this observation
had only been made, he was sure, out of revenge, for the
moment he gave up the Attorney. Generalship his supplies were
stopped, and he lost all hope of being Lord Chief Justice of En-
land. lie had never been pelted with mud but once, and that was
during the time that he was a Whig, and was supporting Sir
J. C. Hobitouse.—( Great uproar and confusion.) The King
had been blamed for turning away the late Ministry • but he
had acted in the same way as the master of a family whose
servants were disagreeing among themselves, and one by one
giving warning and going away.—(" No, no.") Mr. Hume
had said at one time that if the Whigs did not behave better,
Sir R. Peel would be carried into office on the shoulders of
the people—he had been so, and they would sustain him.—
( Loud laughter.) 'Mr. Stanley and other Whigs would sup-
port them.—( Uproar.) He would then only move a vote of
thanks to the Sheriffs.

Sir J. S. LILLIE seconded it with pleasure. He would
merely add that he could not say as Sir Peter had, that he was
a Whig when the Whigs were in power, and a Tory when they
were driven out.

Mr. HUBIE here passed through the crowd in a car, dressed
all over with laurel, and having flags displayed. He was
received with cheers, which lasted several minutes.
Sir J. LILLIE then put the motion of thanks, which was
carried unanimously with cheers.)
Mr. Sheriff RAPIIAEL said they received such a testimony of
their having done their duty with gratitude.
Colonel Noon then proposei a vote of thanks to the Under
Sheriff.

Mr. Under Sheriff PEARSON returned thanks, and the meet-
ing quietly dispersed.

CORONER'S INQUEST.—DREADFUL DEATH OF
A LAnv.—Yesterday afternoon, at three o'clock, an Inquest
was held at the King's Head Tavern, Lower-road, Islington,
before Mr. Stirling and a highly-respectable Jury, on view of
the body of Mrs. Ann Davenport, who was found burnt to
death at the house, No. 4, Sussex-place, New North-road,
Islington, where she resided. The Inquest-room was crowded
by friends and relations of the deceased, who has been erro-
neously stated to be the celebrated actress of the same name.
The deceased was a lady of large fortune, and of eccentric
habits, being a fancy-collector of garments. She was eightyyears of age, and very infirm. On Friday night last a polici!-
man, 'perceiving a fire, broke into the house, and discovered
the deceased lying on the landing burnt almost to a cinder..
It. is supposed she hae been seized with sudden weakness, 41.1(1
fallen on a lighted candle. Verdict—Accidental Death.

ROLLS' COURT.-MONDAY.

~Y

THE LONDON AND BIRMINGHAM RAILWAY COWART V.

THE GRAND JUNCTION CANAL COMPANY.

Upon this motion, which was argued before the Master
of the Rolls on Saturday, his Honour, at the sitting of the
Court, delivered judgment.
His Hosoun, after stating generally the nature of the
application, observed that there was no dispute between the
parties as to the facts of the case ; but that the allegation
of the Canal Company was that., admitting the facts to be
as stated, still the Railway Company had no authority to
do what they had done. That depended entirely upon the
construction of the Act of Parliament constituting the
Railway Company, and, especially upon the Bth 'clause of
that Act, as affected and modified by the subsequent clauses
introdUced for the express purpose of protecting the inte-
rests of the Canal Company. He would, in the first instance,
assume that the Bth section gave a power to the Railway
Company which, if unrestrained, would confer on that
Company a right to do what they had done, in order to
consider whether there was any thing in the 85th, 86th,
and 87th sections (which were the clauses introduced for
the protection of the Grand Junction Canal) which either
expressly or constructively destroyed or restricted that
right. The 35th section, which merely went to secure
to the canal all its previous rights and privileges, and
to prevent its navigation from being obstructed and
the supply of water diminished, clearly had no application,
inasmuch as it was not here pretended that the Railway
Company had done any one of those
.prohibited acts.
There was nothing stated in the clause which eould be in-
tended to interfere with the general rights conferred on the
railway Company by the former part of the statute ; nei-
ther was there an part of the 86th clause which could have
such an effect ; for it was not intended that the 86th clause
should apply to the works that had been Ottitnenced ; and
the argument on behalf of the .Railway Company assumed
that it did net ; but then it was contended, that here the
clause had application, because this was a temporary and
not a permanent bridge. That argument seemed to proceed
upon a supposition that the poker to erect a permanent bridge
originated in the 86th clause ; although it was, in fact, clear
that that power was given by the Bth clause, and that the 86th
clause was inserted to prevent interference with the rights
of the Canal Company. The latter section therefore restricted
the works for- the purpose of racking a partliancht bridge, so
that a certain width of Waterway, and a certain height above
the water, should be left. The three clauses referred to,
therefore, did not either directly or by necessary implica-
tion interfere with any rights given to the Railway Cora:
pany by the Bth clause, Tht aNiirtient in support of the
claim of the Canal Company, in effect, assumed this shape ;
and till it was examined it atrate4 40 heti Ml`@ Weight
than was really due tp it t thr.,t, whereas the 86th section
protected tho Company as to the formation of per-
manent -'
._gas, and ne protection was afforded by it with
respect to temporary bridges, . therefore there was
w 'no irt the' Railway tjompatiy to COniiiiiiet
temporary bridges. That argument might have weight
were it not that the eighty-fifth section was exactly
adapted, tti tilt danger. to lid apprbliended in the
case of the erection of temporary bridges, for it provided
that nothing, in the act contained shoUld alter or diminish
the privileges or obstruct the navigation, or injure the works
of the Canal Company. Nothing of any description could
be cen.tructed which would produce any cf quire ense-
etdficee prohibited by the 85th section, and that section
was in fact enlarged by the 86th, which, recognising in the
Railway Company the right of making permanent bridges,
prescribed the shape and form in which those bridges should
be made. If then these three clauses; introduced for the
protection or the rights or i 6 Candi, did not restrict afiy
right before given, the only remaining question was, whether
the Bth section did in effect confer the right in question.
Now it was hardly possible to conceive terms larger than
were used in that clause, Mg Honour proceeded to read
invested
the clause, and to state the powers with which it
the Railway Company, and the purposes for which it ex-
pressed them to be given. These purposes were for making
the railway and all proper conveniences connected there-
with, The words *etc the ttibst eXtenSitO pa:IMO. Among
the works directed by the act in a subsequent clause, was
the making of the embankment over the valley in ques-
tion ; and the act in effect authorised the Railway
Company to do all works necessary and convenient
for making and carrying on the Railway. There.
was an end, therefore, of all argument as to the pose
sibility of bringing the earth from another place ; the
, Railway ' Company were the best -judges upen that point,
and they were so made by the act when it empowered them
to carry on such works as were convenient. In this case,
indeed, there was no pretence for saying that it was not the
most natural. and convenient course to remove the earth
from the hil.er level, which they were excavating, anduith
it forming the embankment where the ground was too low.
What the Railway Company had done was to throw a tem-
porary wooden bridge across the canal for the- purpose of
conveying that earth in carts from, the high to the low
ground. - Now, the powers given by the act extended to
canals; lied even to sanctioning a temporary diversion or
stoppage of the canal, although nothing of the sort was pre-
tended to have taken place here. The case, in fact, was put
upon a mere question of right--ewhether, in short, the Rail-
,
way were authorized. to pass over the canal in any
way but by a permanent bridge. All that the Railway
Company wanted was to pass the canal, and the passage
was adMitted to be effected without any the slightest injury
to the canal : and on looking at the Bth section, lie enter-
tained no doubt that the act of Parliament did not mean to
give to the Railway Company 'authority to deal with all the
property in their line in such a manner as to carry their
works into execution, subject only to the restrictions con-
tained in the subsequent actions. The question was simply
a question of law, arising upon the construction of an act
of Parliament ; and as the facts were all agreed upon, there
was no ground for sending the case to a jury, a course
which would-. only be attended with useless delay and ex-
pense. .It had been suggested, that though no damage
had hitherto arisen from the works complained of, they
might hereafter have a tendency to diminish the supply of
water, or_obstruct the navigation, so as to bring the canal
within the protection of the 85th section ; but that was ex-
tremely improbable. the mischief being much more. likely
to occur when the works were in the course of formation
than at any subsequent period, and no mischief, it was ad-
mitted, had hitherto ensued to the canal. His Honour
then "stated particularly the terms in which he proposed to
modify the injunction sought by the motion. The effect,
he stated, on the whole would be, that the plaintiffs (the
Railway Company) would be restrained by their undertak-
ing from doing any thing which the act prohibited, and
that the Canal Company would be restrained by the in-
junction from interfering with the rights of the Railway
Company, in doing anything which, by the construction
now put upon the act of Parliament, the Railway Company
were authorised and empowered to do.

ROGERS V. DAWSON.

This was an motion for an injunction to restrain the de-
fendant, Mr. Dawson, from paying a certain sum of money
to the other defendant, Mr. Thomas Rogers ; also to re-
strain Mr. Thomas Rogers from bringing any action for the
recovery of the said sum, and that a receiver might be ap-
pointed under the direction of the Court. The facts of the
case were briefly as follows :—lt was alleged that Mr.
Thomas ant Mr. John Rogers had been in partnership
prior to the year 1825, at which period a dissolution of part-
nership was alleged to have taken place. An account was
then taken of the partnership transactions, upon the result
of which the plaintiff contended that Mr. Thomas Rogers
was indebted to his brother John in a sum exceeding2,ooo/.
The brothers subsequently entered into a new partnership.
In the year 1828 Mr. John Rogers had an epileptic attack
which very much impaired his mind, and in 1830 this
gentleman, at the direction of his brother, was removed to
a lunatic asylum, where he died in the month of July, 1831.
A bill was then filed by John Rogers' widow, the present
plaintiff, to have an account taken ofthe partnership transac-
tions, the defendant, Mr. Thomas Rogers, alleging that a
large sum was due to him on a private account from his
deceased brother's estate. In March, 1833, a common
decree for an account was taken, and interrogatoriei ex-
hibited for the examination of the defendant. The affida-
vits in support of the present motion alleged that, in 1834,
the defendant, Thomas Rogers, apprehending that the ac-
counts-would go against him, formed a determination to
convert the partnership property into money, and to re-
move himself out of the jurisdiction of this Court. Under
this apprehension, a supplemental bill was filed for the pur-
pose of bringing this circumstance before the Court, and
for the purpose of having the partnership property secured,
until the rights of the parties might be ascertained. In
proof of this determination, the defendant's eagerness
to dispose of the machinery of a paper-mill in Berk-
shire, part of the partnership property, to the defend-
ant, Mr. Dawson, was instanced. Mr. Dawson, who
was the landlord.of the mill in question, purchased the
machinery in question, the amount of which purchase-
/Dopey he bad not yet paid, the plaintiff having
served a notice, stating her claims, and warning him
not to pay until her rights should be ascertained. This
was the sum that the bill prayed Mr. Dawson might
be restrained from paying to Mr. Thomas Rogers. The
Learned Counsel in support of the motion contended that
the defendant, Mr. Thomas Rogers, had obtained from his
brother, when in an unsound state of mind, a recognition
of his alleged claim, and that the result of the account of
the dissolution of partnership in 1825 clearly showed that a
large sum was due to the deceased's estate. Under these-
circumstances they submitted that the injunction ought to
be granted as ,prayed. :On the other hand the Learned
Gentlemen for the defendant Mr. Thomas Rogeis, con-
tended that there had not been at the dissolution of the
partnership in 1825 any balance due to the deceased John
Rogers, inasmuch as no partnership had ever subsisted be.

fore 1827, but that the sum alleged to be due had been an
advance by Thomas to John Rogers on his marriage, to
enable him to► set up as a publican. In support of this the
Learned Gentleman referred to an I. 0. U. and other
papers, recognising the advance made by way of loan. The
defendant, Mr. Thomas Rogers, did not and never had in-
tended to withdraw himself from the jurisdiction of this
Court, and consequently they submitted that be ought not
to be prevented from winding up the affairs of the parter-
ship business.

Mr. BICKERSTETH and Mr. CHING appeared in support
of the motion, and Mr. PEMBERTON and Mr. Pulala
against it.
His HONOUR reserved his judgment.

‘11:;1 1" ON EDITION. L

SUN OFFICE, Seven o'clock.

THE LONDON GAZETTE

THIS EVENING.

THE MASTER OF THE 11011S4'S-OFFICE, PIMLICO,

JAN. 17.

His Majesty has been graciously pleased to appoint Lieutenant.
Colonel the Hon. H. F. C. Cavendish. to be Equerry in Ordinary
to his Majesty, vice the Lord Do Lisle and Dudley, promoted.
His Majesty has been graciously pleased to appoint Colonel W.
\Vemyrs to be Equerry Extraordinary to his Majesty, vice Caven-
dish, promoted.

CROWN OFFICE, J. 19.

MEMBERS RETURNED TO SERVE IN TUE NEW 1.-1111,1AM;;;NT.

Bus-mt.—Philip John Miles, of the city of Bristol, and of
Leigh-court, in the county of Somerset, Esq. ; and Sir Richard
Rawlinson Vyvyan, of Frelo-warren, in the county of Somerset,
Estp
„.. . --

CHESTER.—The Right Hon. Robert Grosvenor, commonly
called Lord Robert. Grosvenor, of Eaton-hall, in. the County Pala-
tine of Chester; and John Jervis, of Beaumaris, in the county of
Angle.ey, Esq.
litirEsiiiiin,—The Right Hon Sir William Rae, of Saint Ca-
tterine'S, Patti
HADDINOTON, DUNBAR, NORTH nERWICK, -LAUDAR, and
JEDBURGH.—Robert Steuart, Esq., of Alderston.
LINLITHGOWSHIRE. —The Hon. James Hope.
BRECK NOCK 'lllRE.—Thomas Wood, of Gvvernevett, in the said
county, Esq.
Bueeksoeu;...Charles Morgan Robinson Morgan, of Ruperra,
in the county of-Glamorgan, Esq,
WILTSHIRE (NORTHERN DIVISION).—PauI .5161htten, Cor-
§baril-liMise; Esq.- i and Walter Long, of Chalcott-hottse, in the
same county, Esq.
Sotittigs.,N DtvisioN.—John Bennett, of Pyt-house, in the said
fr:eq; the lion, Sydney Herbert, of Wilton-house,
in the same county.
NEW SA RUM.—William Bird • Brodie, Esq. ; and Wadham
Wyndham, Esq, •
Locke of Rowdeford-house, in the county
of Wilts, Esq.: and Sir Charles Henderson Durham, of
Fordel, in the county of Fife, and of Ilifl-gtref.4, Berkeley-square,
in the county of Middlesex, G.C.B.
DURHAM (CITY).—The Hon. Arthur Trevor, of Wicken-park,
in the county of Northampton; and William Charles Harland, of
Lutton-hall, in the entitity of York, Esq.
So NDERLAND. —William Thompson, of Whitehall-place, in the
city of Westminster, Esq., one of the Aldermen of the city of Lon-
don ; and David Barclay, of Eastwick-park, in the county of Sur-
to, lt,. •
SOUTH SIIIELI.A.-=ll).kert Ingiv..m, Esq.
GATESHEAD.—Cuthbert Ripptitl, of Stanhope-castle, in the
county of Durham, Esq.
LEWES.—Sir Charles Richard Blunt, of Heathfield-park, in the,
county of Suisex, Bart. ;- and Thomas Read KeMp, of Brighthelm.
itl the raid eeunty, Esq.
Bata HTON.—Gedige 'Richard Pechell, Esq., a Captain in his
Majesty's Royal Navy, of Castle Goring, in the said county ; and
Isaac Newtcra Wigney, of Brighton, in the,said county, Esq.
HoasnAst.—Robert Henry Hurst; Esq.
MA ittnolto 00 u.—The Right Hon. Ernest Augustus Charles
Bfuclettel Bruce, commonly called Lord Ernest Augustus 'Charles
Brudenell Bruce ; arid Henry Bingham Baring, Esq. •
BEDFORDSHIRE.—CharIes James Fox Russell, commonly called
Lord Charles James Fox Russell ; and John Hume Cast, commonly
called Lord Viscount Alford.
BEDFORD.—Frederick Polhill, Esq. ; and Samuel Crawley, Esq.
'riti,,lt6iitts,sitsax,—John James Hope Johnstone, of Annandale,
Esq.. • -
ELGINSHIRE AND NA IRNSIIIRY..—.CoIoneI the Honourable
Francis William Grant, of Grant.
KIRKA LOY, DYSART, KINGHORN, AND BURNTISLAND.—
JOIIO Fergus, Esq., of Striahmore.
K MEC Onarad irr..-1--,The Right Hon. Robert Cutlar Fergusson,
of Orroland and Craigdarrock.
BANFFSHIRE.—George Ferguson, Esq. of Pitfour, Captain in
the Royal Navy.
PEtint.EstitaE..—Sir John Hay, of Haystoun, Bart.
A ito vtEslituE. —Walter Frederick Campbell, Esq. of Islay and
Shawfield. -
CHIPPENHAM.—Joseph Neeld, of Grittletun-house, in the
county of Wilts, Esq, ; and Henry George Boldero, of Hurst-
grove, in the county of Becks, Esq..
CRACKLADE. Robert Gordon, Esq. fand John Neeld, Esq.
Tho%lzis Petty Fitzniaurice, commonly called
the Earl of Kerry.
~
MAEmsliU RY. —The Hon. Charles John Howard, commonly
called Viscount Andover.

- - •
WESTBIJ it Y. —Sir Ralph Lopes, Bart., of Maristow, in the
county of Devon.
WI LTON . —John Hungerford Penruddocke, of Compton Chain-
berlayne, in the county of Wilts, Esq.
.510 sarour.n.—Benjamin Hall, Esq.
HE ItTrORDH —The Hon. James, Walter Grimston, com-
monly called Viscount Grimston ; Rowland Alston, of Pishiobury,
Esq. ; and Abel Smith, of Woodhall-park, Esq.
flEwriou.n.—The lion. Philip Henry Stanhope, commonly
called Viscount Mahon ; and the Hon. William Francis Cowper._

PETERBOROUGH.—John Nicholas Fazakerley, Esq. ; and Sir
Robert Heron, Bart.
No RT HA MPTO N. —Robert Vernon Smith, of Farning-woods, in
the county of Northampton, Esq. ; and Charles Ross, of Portland-
place, in the county of Middlesex, Esq.
LEITH, PORTOBELLO, AND .MUSSELBURGH. —John Archibald
Murray, Esq.
CAVAN.—Henry Maxwell, of Farnham, in the county of
Cavan, Esq. ; and John Young, of Baileborro-castle, in the said
county, Esq.
MosmourusHittE.—The Right Hon. Granville Charles Henry
SomOrset, 'Commonly called Lord Granville Charles Henry
Somerset ; William Addams Williams, Esq.
ST. ALBA N.—The Hon. Edward Harbottle Grimstone ; and
Henry George Ward, Esq.
NORTHA INIPTONSHIS.E, NORTHERN DIVISION.—The HOD.
James Thomas Brudenell, commonly called Lord Brudenell ; and
the Hon. William Charles Wentworth Fitzwilliam, commonly
called Lord Viscount Milton.
SouTHEits Ralph Cartwright, Esq. ; and
Sir Charles Knightley, Bart.
SUSSEX (EASTERN DIVISION ).—Perbcrt Barrett Curteis, Esq.;
and the Hon. Charles Comptem Cavendish.
DU R HA M COUNTY)( NORTHERN DlVlSlON.—Hedworth Lamb-
ton, of Lambton-eastle, in the county palatine of Durham, Esq. ;
and Sir Hedworth Williamson, of Whitburn-hall, in the county
palatine of Durham, Bart.
SOUTHERN DIVISION.-Joseph Pease the younger, of South-
end, in the parish of Darlington, in the county of Durham, Esq. ;
and John Bowes, of Streatlam-castle, in the said county, Esq.
MIDHURST.—WiIIiam Stephen Poyntz, of Cowdray-lodge, in
the parish of Eastbourn, in the county of ussex, Esq.
WESTERN DIVISION.—The Right Hon. John George Lennox,
commonly called Lord John George Lennox ; and the Right Hon.
Henry Charles Howard, commonly called the Earl of Surrey.
CHICHESTER ( CITY).—The Right Hon. Arthur Lennox, com-
monly called Lord Arthur Lennox; and John Abel Smith, of Bel-
grave-square, in the county of Middlesex. Esq.
NEW SH 0 REH 3l.—Sir Charles Merrik Burrell, Bart. of Knepp
Castle, in the county of Sussex; and Harry Dent Goring, of Yap-
ton-place, in the county of Sussex, Esq.
KIRK WALL, WICK,I)ORNOCK, DINGWALL, TAIN, AND CRO-
KTY.—James Loch, of Albemarle-street, in the county of Mid-
dlesex, Esq.
AY S:II RE. —Richard Alexander Oswald, of Auchencruive, Esq.
K INCA RDINESIIIRE. —Major-General the Hon. Hugh Arbuth-
nott, of Hatton.
IN VERBERVIE, MONTROSE, ABERBROTHWICK, BRECHIN, AND
FORFAR.—Patrick Chalmers, of Auldbar, Esq.
FALKIRK, LINLITHGOVV', AIRDRIE, HAMILTON, AND LANARK.
—William Downe Gillon, of•Wallhouse, Esq.
LINCOLN ( CITV ). --Charles Delaet Waldo Sibthorp, Esq. ; and
Edward George Earle Lytton Bulwer, Esq.
. Aau NDEL. —Dudley Coutts Stuart, commonly called Lord Dud-
ley Coutts Stuart, of Wilton-crescent, in the parish of St. George,
in the county of Middlesex.
MONTGOMERYSHIRE.—The Right Hon. Charles Watkin Wil-
liams Wynne.
MONTGOMERY.--John Edwards, Esq.
ISLE oF WIGHT. —Sir Richard Simeon, of Swainston, in the
Isle of Wight.