The Sun.
London, England, 1861-01-16 00:00:00

THE se'N, LONDON, WEDNESDAY EVENING, JANUARY 16, 1861.1

LAW IiVT.ELLIGENCE.—Jan. 15.

COURT;QF CitiEEIT'S BENCH.
IN RE WILLIAM COBEETT.

The indefatigable Mrs. Cobbett appeared again
in court to-day and applied to their lordships for a
writ of habeas corpus to bring up the body of her
husband, a prisoner in the Queen's Bench prison,
that he might show cause why en order made by
Mr. Justice Hill should be set aside, on the ground
that it was made contrary to law. It was a very
extraordinary proceeding calling on the plaintiff,
her husband, to show cause why he should not
amend the pleas in the record, on the ground of
irregularity. She humbly submitted that there
was no irregularity in the proceedings of the
plaintiff, and that the order should he treated as
a nullity. She now moved on an affidavit made
by her husband, who, as he read the act of Parlia-
ment, discovered that the learned judge had no
power either himself to amend the record, or to
direct it, in the circumstances set forth in the affi-
davit, to be amended as he liad. She had given
notice to the learned judge to bring the plaintiff
before him, but he refused. When the summons
was taken out the learned judge seemed to be of
opinion that the ca. sa. was preceded by a judg-
ment ; but her husband since discovered that it
was not, and that no judgment had issued to war-
rant it ; that the proceeding was therefore irregu-
lar, and that the learned judge on discovering that
was bound to discharge him out of custody and
t.
-sstore him to his liberty. Mr. Chitty, who ap-
pe,:ed for the defendants in the action, the trustees
of
the u
upike roads, was astounded when she showed
judge that judgment did not precede
and the whole proceeding was bad,
nhis hair in passion. (Laughter.) The
questioncta l y )thte irceL al. r
,:
sk a e
lordships had now to try was,
a tore
their
whether a judgment preceded the ca. sa. She con-
tended that the net of amendment did not meet
this case, and she submitted that their lordships
would never take away the liberty of the subject
on ground so unsustainable and contrary to law.
There was no opportnnity of hearing her husband;
while, on the other hal?d, there were two solicitors,
the learned judge, and Mr. Chitty, all against him.
She complained hat she was not heard, and that
she was kept out of the room, and three hours wait-
ing in an anteroom. Their lordships would see
thut there was no irregularity on the part of Mr.
Cobbett, and that he had done in the matter all
ho could do and that the law ,required him to do.
The irregularity was on the other side. The action
was one of ejectment, and a learned judge (Mr.
Justice Wightman), after notice of action was
served, allowed the defendants to amend, and by an
order permitted John Jenkins (who obtained two
several orders from his lordship) to be made a
defendant. Her husband complained of that as an
irregularity. The matter was so difficult, so new,
and so technical, that she found it most perplexing
to explain it; but if her husband were allowed to
come before their lordships he would show the
irregularity of the proceedings, and the illegality
of detaining him in prison, where he had been -aye
years wrongfully detained, clear to their lordships.
It was a case that was never brought before a court
of law before, and that was not known to the law.
Mrs. Cobbett, after some further observations, con-
cluded by putting in the affidavit made by Mr.
Cobbett, and by hoping that their lordships would
consent to her application.
The Master having read the affidavit,
_ _ -

Lord Chief Justice Cockburn, after conferring
with the other learned judges, referred at some
length to several points of the case, and said the
judges, by the 122 d section of the Common Law
Procedure Act, had power to amend the record.
What the Court had now to deal with was the order
of Mr. Justice Hill, and looking at all the circum-
stances, the Court could not consent to issue a
habeas corpus on the grounds submitted by Mrs.
Cobbett. There was one way by which Mr. Cob-
bett could obtain his liberation from prison, and
that was by complying with the legal demands of
the defendants in the action.

Mrs. Cobbett (warmly)—l would rather see my
husband cut his right hand off, my lord, than see
him sign documents and demands so unjust and so
illegal.
Rule refused.

in his window, bearing the words," lurrey News.
—Louis Levite you are wanted." - (Laughter.)
Mr. justicelles said he tried the case, and it
appeared that the defendant printed one number
of the Surrey News for the plaintiff, and not having
been paid, he stuck up the bill complained of.
Laxton—Another point was, that the judge
had refused to issue an injunction to prevent the
further publication of the bill, and this refusal had
rendered the plaintiff liable to some costs in refe-
rence to a temporary injunction which he had
obtained from a judge at Chambers. It was true
the original bill had not been again exhibited, but
in its place was another in these terms, " God bless
our enemies, and may their hearts be turned."
(Laughter.) People knew what the bill referred
to, and it cseated a good deal of annoyance.
The Lord Chief Justice said he did not see any
harm in this last bill.
Rule refused.

COURT OF EXCHEQUER.
(Sittings in Banco, before the Lord Chief Baron,
and Barons Martin, Channell, and Wilde.)

MAY V.E. T. SMITH.-THEATRICAL ENGAGEMENTS

Mr. Sergeant Shee moved for a rule to set aside
the non-suit directed by the Lord Chief Baron in
this case, which was tried before him at the last
sittings at Guildhall. He said that the plaintiff,
who was the husband of a distinguished artiste,
known in theatrical circles as Madame Bauer,
had brought his action against the defendant,
Mr. E. T. Smith, the lessee of her Majesty's
Theatre, for a breach of contract, under w hich
he undertook to accept the services of Mrs.
May, or as she was known to the public,
Madame Bauer, as prima donna. The first count
of the declaration alleged that the defendant had
engaged the plaintiff's wife to sing at her
Majesty's Theatre or at concerts when not re-
quired there, for the season, beginning October 1,
1860, at a weekly salary of 15 guineas, and that
he would not permit her to perform as agreed to.
The second count alleged that the defendant had
engaged the plaintiff's wife to sing as prima donna
hi operas, amongst which was "Robin Hood," and
that he had failed in carrying on this agreement.
The Lord Chief Baron—The declaration stated
that the plaintiff's wife was en ;aged for the whole
season from October, and this action was brought
in three weeks afterwards.

Mr. Sergeant Shee said that was the case, but
the action was brought after the positive refusal of
the defendant to allow Mrs. May to play.
Mr. Baron Martin—The question, as it appears
to me, is, was there a contract to employ the plain-
tiff's wife to sing in the opera of " Robin Hood ?"
Mr. Sergeant Shee thought that was the substan-
tial question. In the communications which had
taken place between the parties, Mr. May expressed
a desire that if his wife were engaged, she should
have appropriate parts, so as to place her in a post
of honour, to which the defendant answered that
"business was business, though friendship should
be cemented," and in referring to the proposed
salary,.he said he had dropped £lO,OOO, in which
half had been for repairs and decorations, but that
he had good promises of support for the future.
The defendant also said Mr. Sims Reeves was
delighted with the new opera, and that although
he had been urged to engage adame Sherrington,
who was dying to come from Brussels, he said he
was in favour of Jenny Bauer, the plaintiff's wife.
Subsequently they entered into a contract, by which
the defendant undertook to engage the plaintiff's
wife at a salary of 15 guineas weekly, and in reply
to the plaintiff's inquiry he put down her name in
the caste for the part of Maid Marian in "Robin
Hood." Mrs. May then went to the theatre and sung
before the composer of the opera and other friends
of the defendtint, when the latter said he was de-
termined that Jenny Bauer should fill the part of
Maid Marian. He bad, however, broken his
engagement, and thus ho had injured the prospects
of the plaintiff's wife, who was anxious to appear,
even at a small salary, in an opera with Mr.
Sims Reeves which was likely to obtain the public
favour.

Their lordships granted a rule, giving the plain-
tiff leave to amend his declaration so as to raise the
issue.

Rule nisi accordingly.
WILLIAMS V. THE GREAT NORTHERN RAILWAY
COMPANY-ACCIDENT.

Mr. Hawkins said he had to move to set aside
the verdict found for the plaintiff in this case for
£1,200 on the ground that they were excessive, and
on affidavits alleging surprise. It was an action
tried before the Lord Chief Baron, under the follow-
ing circumstances :—The plaintiff was a flour mer-
chant at Liverpool, and was passenger in an excur-
sion train on the defendants' railway on 30th May
last. The guard became intoxicated by some passen-
gers at Hitchen, and being unable to turn on the
break at the terminus at King's•cross, the engine
and train dashed through the terminus, and was
only stopped by the excavations of the Metropolitan
Railway. It was alleged that his nervous system
had been shattered, that he had lost a business
bringing in from £5OO to £6OO per annum, and
that he was unable to distinguish the colour of the
flour he bought and sold, as his sight had been so
mach injured that all things appeared yellow to
him. It was, however, shown in the cross-examina-
tion that plaintiff had compounded with his credi-
tors for is. 6d. in the pound, and that having started
with a fresh capital, in which his books showed a
profit of £5OO in the year 1859, he had at its end
been minus much more. In this the jury had found
for him £1,200 damages.

The Lord Chief Baron—l shall certainly report
that the damages were most excessive—the largest
I ever knew in such a case.—Rule granted.

POLICE INTELLIGENCE—An. 15.

GUILDHALL.

Edward Gandell, of Morden-road, Blackheath,
and Henry John Todd, of Park-place, Gravesend,
who carried on business under the name of " Gan-
dell and C 0.," in the city of London, were brought
up before Alderman Allen and Alderman Mechi,
for further examination relative to the charge of
obtaining goods to the value of between £7,000
and £B,OOO within three months of their bank.
ruptcy, under the false colour and pretence of car-
rying on business and dealing in the ordinary
course of trade, with intent to cheat and defraud
their creditors.

Mr. Poland, instructed by Messis. Mason and
Sturt, conducted the prosecution; Mr. George de-
fended Todd, and a clerk from the office of Messrs.
Humphreys and Morgan attended on behalf of
Gandell.

John C. Austin, one of the ushers in Mr. Com-
missioner Fane's Court, in the Court of Bank-
ruptcy, said—l produce the proceedings in the
bankruptcy of Edward Gandell and Henry John
Todd, merchants and co-partners in trade. Among
them is their own -petition for a private arrange-
ment, filed on the 27th July last, and the adjudica•
tion of the bankruptcy, which took place on the 3d
August. The petition was adjourned into open court.
Mr. Wm. Keighley, of• the firm of Hughes and
Keighley, of 1, Crown-court, Cheapside, commission
agents, said—We are agents for Edward, Henry,
and Richard Hardmann,of Rawtanstall, near Man-
chester, worsted manufacturers. I know the bank-
rupt Gandell. He first spoke to my partner about
some goods, after which he called and saw ma, and
said he would take the serges, of which he had
seen the samples, consisting of 22 pieces. Todd
wai present at the time. I had not seen him before.
Gandell asked if I would send him in some sam-
ples of printed woollen linings. I sent in the
samples. On the 18th of July Gandell bought the
22 pieces of serge, the value of which was £125
Gs., and directed that they should be sent to his
warehouse at Joiners' Hall-buildings, 79, Upper
Thames-street. On the 19th July we sent 12 pieces
of printed linings with the serges, and, on the
20th, Gandell called alone at the warehouse. I was
out, but met him as he was leaving, and he said he
had just offered my partner a price for the linings,
and he would be glad of an early answer as he was
in want of the goods. He said he had offered a
four months' bill from the date of the invoice. On
the following day I went down to the warehouse
of Thomas Gandell and Co., at Jqiners' Hall-build-
ings, where I saw Edward Gandell, and told him
his offer had been accepted for the goods. I knew of
no other firm of the name of Gandell and Co. I did
not know anythinc, of Todd at that time. There
were 82 pieces in all of printed linings, and Gandell
asked me if it would be any convenience if he sent
their cart for them. I said it would, and on the
same day a covered cart was sent, with the name
of ‘• (menden and Co., packers," on the side, and
" Thomas Gandell and Co." on the shafts. Part ofl
the goods were taken on the 21st, and the remainder
on the 23d July. The value of the 82 pieces of
linings was £334 128. I did not know that I was
dealing with Todd except as a servant of Gandell,
as the latter never told me that he had a partner,
and f did not know he was carrying on business
with Todd, either at Sise-lane or Greenwich-street,
w here the old firm of Gandell and Co. now have a
warehouse, or at Joiners' Hall-buildings. I believed
I was dealing with Gandell and Co- of the latter
place; and I have transacted all my business with
Gmndell there. Gandell and Co., the packers, are a
well-known firm of established credit. I did not
know that Edward Gandell was merely a salaried
clerk in that firm. I supposed him to be the head
of the firm. When I first called with Mr. Hard-
mann he was, on leaving, about to take the name
of the firm as it appeared on the door post, but
Edward Gandell immediately gave him a card bear-
ing the name of "Thomas Gandell and Co." If I
had knoWn that Gandell was only a clerk at £5 per
week; to his father, and in partnership with Todd,

I should not have supplied him with the goods.
The same goods were afterwards sold by public
auction, and we bought in a part of them.
Cross-examined--I never asked Gandell of whom
the firm consisted, because he gave us his father's
card as his own, some time about the 23d May.
Mr. Robert Jacob Booth, of the firm of Booth and
Sons, of Budge-row, auctioneers, said—l made an
advance of £3OO to Todd upon the 22 pieces of serge
and the 82 pieces of printed linings, on the 27th
July last. Todd asked me previously if I could ad-
vance that amount, and I said I could if the goods
were a sufficient security. He told me they were
lying at Gandell's warehouse, and were his own
goods. I went to the warehouse in Greenwich-street,
where the goods were shown to me by Edward
Gandell, an I requested him to keep them for me,
as I would make the advance. He afterwards gave
me a receipt, acknowledging that he held the
goods in trust for me. The terms in the memo-
randum drawn up were, that if the goods were not
redeemed within a month I should be at liberty to
sell. I only deducted 21 per cent., which was all I
was to have upon the transaction, and that included
warehouse-room and other expenses. I afterwards
sold the goods, and they realised £344 12s after
payment of the expenses of sale, &c. Gandell has
also shown me other goods, upon which I have
advanced money to Todd, but those have all been
redeemed. The goods were brought to my premises
in a regular packer's cart.
Cross-examined--The goods were packed as for
shipment abroad. I cannot say whether they came
in Gandell's or Johnson's cart. I handed the
balance, after selling the goods, over to the
assignees. I have had about four or five similar
transactions with Todd, and my advances have
always been paid. •
Re-examined—l think it was one of Gandell's
covered carts that came with the goods. Gandell
always held the goods for me in all the former
transactions, and I merely took his acknowledg-
ment to that effect. I did not know there was any
connexion or partnership between Gandell and
Todd.
Mr. Hughes,.of the firm of Hughes and Keighley,
said—On the 16th or 17th of July last Todd called
upon me, and said he was sent by Gandell to
inquire if we had any scarlet serges in stock. I
said we had not, but we had 22 pieces of blue
serges. I also told him we had some scarlet
linings, and gave him patterns of them. I was not
aware that he was Gandell's partner. The goods
were delivered on the 21st and 23d of July, and
were entered to the name of Edward Gandell and
Co., but before the bill for the amount could be
drawn, the bankrupts filed their petition. The
goods were entered in Edward Gandell's name at
his own request, as he said the firm was Edward
Gandell and Co., and we had made a mistake in
drawing upon Thos. Gandell and Co., but he had
written to our principals at Rawtanstall, and made
it all right. I still thought we were dealing with
the original firm of Gandell and Co., and that the
only change was in the Christian name.
James Lowe, a porter in the employ of Gandell
and Co., of Greenwich-street, 79, Upper Thames-
street, said—l have been about four years in the
service of Mr. Thomas Gandell, who died in Sep-
tember last. I was engaged by Edward Gandell,
and the firm is now carried on by James Gandell.
Thomas Gandell lived at Joiners' Hall-buildings,
and Edward Gandell managed the business at
Greenwich-street, and there was no packer's busi-
ness carried on at any but the latter place. I have
seen note paper in use with lithographed headings,
similar to that produced. I fetched the goods
from Crown-court, Cheapside. I have frequently
seen Todd at the warehouse.
David Moose, a Swiss merchant, of Watling-
street, said—l am a creditor to the estate for
£1,025 for goods supplied between April and May
of last year. I produce bills to that amount, which
are all addressed to Gandell and Ca., 79, Upper
Thames-street. They are accepted in the name of
Gandell and Co., and made payable at Sir Charles
Price's bank, in Lombard-street. None of those
bills have been paid, as they did not fall due until
after the bankruptcy, except the first, and that
was dishonoured. I did not know that Todd was
Gandell's partner. I thought the business of Gan-
dell and Co. belonged to Edward Gandell. On one
or two occasions Todd accepted bills for Gandell.
Richard Thomas Fairchild, clerk to Mason, Sturt,
and Mason, of Gresham-street, the solicitors for the
prosecution, said—l produced a bill of exchange
for £204, drawn in favour of Hugh Balfour and
Co., on Gandell and Co., of Joiners' Hall-buildings.
It fell due on the 13th of July, and was made pay-
able at Sir Chas. Price's bank. I had directions to
serve a writ for this bill, and I went to 79, Upper
Thames-street, for that purpose. I inquired for
Thomas Gandell, and was told he would be out
presently. I waited and saw Edward Gandell. I
asked him if his name was Thomas Gandell, and
he said it was not. I then asked him if he had any
partner, and he said he had not. I then altered the
name from Thomas to Edward in the writ, and
served him with the copy. I never received the
money. I signed the judgment.
George Carpenter, a warehouseman in the employ
of Todd from September, 1858, until October, 1860,
said—l have seen Gandel! at the office in Sise-lane,
but I did not know for the first six or nine months
that he was in partnership with Todd, who did not
carry on either of the businesses of a hotpresser, a
packer, or a finisher. He only bought and sold.
goods. The cart of Thomas Gandell and Co. fre-
quently brought goods to the office in Sise-lane. I
have seen Thomas Gandell and Co.'s cards both at
the warehouse in Greenwich-street and the office in
Sise-lane. I have seen Edward Gandell write upon
note-paper bearing Thomas Gandell and Co.'s name
and address upon it in print. I have seen him use
paper of that description at Todd's office in Sise-
lane. I have not seen Todd write upon such paper,
but he has been present when it was used.
Mr. Thomas, the accountant engaged to make up
the bankrupt's accounts for the Court of Bank-
ruptcy, said—l have seen both Gandell and Todd
relative to their business transactions. The trading
commenced in 1857. The creditors are returned at
£10,512, but this is a peculiar estate for Todd
appears to have accepted a number of bills in his
individual capacity, which have, therefore, been
charged to his separate estate. The £10,512 joint
liabilities are entirely unsecured.
,The joint lia-
bilities secured are not more than £3OO. The un-
secured liabilities under Todd's separate estate are
£8,500. Gandell's separate balance-sheet shows
unsecured, £4,341; other liabilities, £lB7 Os. 3d.
The assets under the joint estate are estimated at
£234, of which £2OO was paid into court by the
bankrupts when they filed their petition under the
private arrangement clause, and the remaining £34
was for the value of the office furniture, subject
to claims for rent, and £l3, the balance at
their bankers. Todd's private estate realised
£232, minus £2O for excepted articles, and
consisted only of furniture. Gandell's private
estate realised £439, and the amount of debts
owing to him are estimated at £43. No trade
property of any kind was given up by the bank-
rupts. The amount of goods purchased by 'them
in the months of May, June, and July of last year
is £7,063. The total amount of outstanding con-
signments, and of which we have not yet received
any return, nor realised a single penny, is stated to
be £17,150.

Cross-examined—A large proportion of the
£lO,OOO liabilities are included in those consign-
ments, so that if the eonsignments turn out good
the actual deficiency would be £ll,OOO instead of
of £21,000, as was stated on the former occasion.
Re-examined—The gross profit over the whole
trading appears to be £2,677, but there are bad
debts to be set off against that to the amount of
£1,594. The profit is calculated upon the assump-
tion that the whole of the consignments are bona
fide, and that the full invoiced prices will be realised
that were charged by the bankrupts to the con-
signees. The assignees will be better able to prove
what the real profits have been.

Mr. Gregory, who advanced money to Todd upon
some muslin goods, was then called, but his exami-
nation was merely one of a preliminary character.
No application was made for bail, and
Alderman Allen, in remanding the bankrupts,
said after the evidence which httd been adduced he
must refuse bail if applied for.

WESTMINSTER. —DISTRESSING CASE. A
wretched, half-starved-looking woman, who gave
the name of Mary Moore, was charged with rob-
bing her furnished lodgings under the following
circumstances :

John Green, 4, Gardner's-lane, York-street,
Westminster, said that on the 24th of December the
prisoner took a furnished room of him, and having
reason to suspect that she was appropriating his
property, he unlocked her room door on Monday
during her absence, and discovered that a sheet
was missing, and, on searching the house, he found
the prisoner concealed under another lodger's bed.
An assistant of Mr. Scudamore, pawnbroker-
Chapel-street, Westminster, having proved the
pledging of the sheet for ls.
Mr. Painter asked the accused what answer she
had to make to the charge.
The poor woman, with tears in her eyes, said
that she had pawned the sheet in order to procure
herself the common necessaries of life.

Mr. Paynter asked her how she got her living.
Accused replied, by doing odd jobs of needle-
work, but it was impossible to get a living now,
as almost everybody was out of employment and
starving. She had had no work since the day she
entered prosecutor's house, and had pawned the
sheet to get a loaf of bread, intending to redeem it
when she got into work again.
Mr. Paynter said that the prosecutor acted much

too hastily in entering defendant's room, which ho
was not justified in doing, as he did not know that
anything wrong was going on ; the poor woman
was evidently half starved, and had not the appear-
ance of a thief, and he should discharge her,
The worthy magistrate then directed the usher
to give the prosecutor ls. to redeem the sheet
with, and told the poor woman to come again next
when inquiries would have been made into her
character, and if she were found to be a deserving
person, she should then receive sufficient releif
from the poor-box to enable her to get herself any
necessaries she might require.

FROM THE GAZETTE OF LEST NIGHT.

FOREIGN-OFFICE, JAN. 14.
The Queen has been pleased to approve of Don Juan Fair
as Vice-Consul in London for the Argentine Republic.

The Gazette of this evening contains the Speaker's war-
rant for issuing a writ for the election of a member to serve
in Parliament for the borough of Leicester, in the room of
the late Joseph 'William Noble, Esq., fourteen days after
this notice.

WAR-OFFICE, PALL-MALL, JAN. 15.
23d Regiment of Foot—Lieutenant-General Sir William
J. Codrington, from the 54th Regiment, to be
Colonel, vice Lieutenant-General Henry Rainey, C. 8.,
deceased.
54th Regiment of Foot— Lieutenant-General Mildmay
Fane, from the 96th Regiment, tobe Colonel, vice Lieut.-
General Sir W. J. Codrington, K.C.8., removed to the
43(1 Regiment.
96th Regiment of Foot—Major-General George Macdonald
to be Colonel, vice Lieutenant-General Fane, removed to
the 54th Regiment.
Ist Regiment of Dragoons—George Allen Butlin, Gent., to
be Cornet, by purchase, vice Twentyman, promoted.
6th Dragoons—Ensign .t Aubyn Henry Player from the
23d Foot, to be Cornet, in succession to Lieutenant the
Hon. Edward Roden Bourke, promoted.
9th Light Dragoons—Lieutenant Edward Parrett Hodges
Curteis, from the 96th Foot, to be Lieutenant, vice Wil-
liam Naper Carleton, who exchanges.
Grenadier Guards—Lieutenant and Captain Henry Wil-
liam Verschoylo to be Captain and Lieutenant-Colonel,
bylpurchase' vice Henry Edward Montresor, who retires;
Ensign and Lieutenant Alfred Molyneux Byng to be
Lieutenant and Captain, by purchase, vice Verschoyle ;
Alexander Louis Ricardo, Gent., to be Ensign and Lieu-
tenant, by purchase, vice Byng.
Ist Regiment of Foot—Gentleman-Cadet Frederick de

Lama-re Morison, from the RoyalMilrtari College, to be
Ensign, without purchase, in succession to Lieutenant
John Richard Palliser, deceased.
3d Foot—Gentleman-Cadet Edward Charlton Dickson,
from the Royal Military College, to be Ensign, without
purchase, vice Hearn, promoted.
4th Foot—Captain Augustus Nicholas Wilson, from the
86th Foot, to be Captain, vice William Fagan, who ex-
cb an&bes.
6th Foot—Gentlemen Cadet Horace Richard Le Marchant

Carey, from the Royal Military College7to be Ensign,
without purchase, vice Saunders, promoted.
Bth Foot—Lieutenant Reginald Whitting to. be Captain,
by purchase, vice Newall, who retires ; Ensign Richard
Chute to be Lieutenant, by purchase, vice Whitting.
10th Foot—Lieutenant John Ball to be Captain, by pur-
chase, vice Douglas Ernest Manners, who retires; En-
sien Abraham Richard Montfort to be Lieutenant, by
purchase, vice Bali.
11th Foot—Ensign William Joseph Tibbs to be Lieuten-
ant, without purchase, vice William Norman, super-
seded for being absent without leave; Gentleman Cadet
James John Peter from the Royal Military College, to be
Ensign, without purchase, vice Tibbs.
17th Foot—Major and Brevet-Lieutenant-Colonel William
Gordon to be Lieutenant-Colonel, by purchase, vice
Brevet •Colonel Arthur Lowry Cole, who retires upon
half-pay ; Major Honeyman Mackay, from half-pay Un-
attached, to be Major, repaying the difference, vice Gor-
don; Captain and Brevet-Major George Tito Brice to be
Major, by purchase, vice Mackay, who retires; Lieu-
tenant William Henry Parker to be Captain, by purchase,
vice Brice; Ensign Herbert Kerr to be Lieutenant, by
purchase, vice Parker ; Ensign Harvey Lambert Man-
ning Ravenhill, from the 70th Foot, to be Ensign, vice
Kerr.
19th Foot—Captain Wm. M'Gregor Archer from the 78th
Foot, to be Captain, vice George Forbes, who exchanges.
23d Foot—Gentleman Cadet George Wm. Adolphus Fitz
George from the Royal Military College, to be Ensign,
by purchase, vice Player, appointed to the 6th Dragoons.
32d Foot —Lieutenant Francis Arthur Thomas, from half-
pay 85th Foot, to be Lieutenant, vice Henry Mant Gilby,
who retires upon half-pay; Lieutenant Randle Jackson,
from the 77th Foot, to be Lieutenant, vice Arthur Bishop,
who exchanges.
40th Foot—Andrew Duorow, Gent., to be Ensign, by pur-
chase, vice Henry Swanson, appointed to the 14th Foot.
53d Foot—Captain Gustavus L. Basset, from the 72d Foot,
to be Captain, vice John M. Macneill, who exchanges.
54th Foot—Staff Assistant-Surgeon Thomas Wood, M.D.,
to be Assistant-Surgeon, vice Youell, appointed to the
, Staff.
60th Foot—Lieutenant Burnet Bell Forsyth to be Captain,
by purchase, vice Richard Harcourt Robinson, promoted,
by purchase, to an unattached majority; Ensign Charles
Gosling to be Lieutenant, by purchase, vice Forsyth.
72d Foot—Captain John Maxwell Macneill, from the 53d
Foot, to be Captain, vice Gustavus Lambert Bassett, who
exchanges.
77th Foot—Lieutenant Arthur Bishop, from the 32d Foot,
to be Lieutenant, vice Randle Jackson, who exchanges.
78th Foot—Captain George Forbes, from the 19th Foot, to
be Captain, vice William M'Gregor Archer, who ex-
changes.
86th Foot—Captain William Fagan, from the 4th Foot, to
be Captain, vice Augustus Nicholas Wilson, who ex-
changes.
69th Foot—Duncan Campbell, Gent., to be Ensign, by
purchase, vice Urquhart, appointed to the 72d Foot.
94th Foot—Ensign William Edward Montague, from the
2d Foot, to be Ensign, vice James Brown, promoted.
96th Foot—Lieutenant William Napier Carleton, from the
9th Light Dragoons, to be Lieutenant, vice Edward
Barrett Hodges Cartels who exchanges.
2d West India Regiment—lieutenant Francis Adam Knapp
to be Captain, by purchase, vice Davidson, who retires ;
Ensign Andrew Truelove Edge to be Lieutenant, by pur-
chase, vice Knapp.

UNATTACHED.--Captain Richard larcourt Robinson,
from the 60th Foot, to be Major, by purchase.
COMMISSARIAT DEPARTMENT.—Acting-Deputy-Assis-
tant-Commissary-General Foster Shortt, having completed
the prescribed period of Service on the Coast of Africa, to
bo confirmed in the rank of Deputy-Assistant-Commissary-
General.

BREVET.
Major Honeyman Mackay, 17th Foot, to be Lieutenant-
Colonel in the army.
Brevet-Lieutenant-Colonel Honeyman Mackay, 17th
Foot, to be Colonel in the Army.
Quartermaster-Serjeant Francis Burke, late of the 15th
Hussars, to have the local rank of Quartermaster, while
acting as Firemaster at Aldershot.
The following promotions and alterations of date to take
place in her Majesty's Indian Military Forces, coxsequent
on the deaths of :
Major-General Alexander Woodburn, C. 8., Bombay In-
fantry, on the 28th September, 1860 ;
Major-General Thomas David Carpenter, Madras Infan-
try, on the 17th October, 1860 ;
Major-General Edward Pettingal, Bengal Infantry, on
the 17th November, 1860 ; and
Lieutenant-General John Henry, Madras Infantry, on
the 17th December, 1860 :
Major-General Robert Blackall, Bengal Infantry, to be
Lieutenant-General.
Major-General Clement Clemons, Madras Irfantry, o
date the 29th September, 1860, instead of 7th October.
Colonel Charles Haldane, Bengal Infantry, to be Major-
General.
Colonel Alexander Henry Edmonstone Boileau, Bengal
Engineers, to be Major-General.
Colonel Frederick Brooke Corfield, Bengal Infantry, to
bo Major-General.
Colonel Edward Green, C. 8., Bombay infantry, to be
Major-General.

The undermentioned officers of her Majesty's Indian
Military Forces, retired upon full-pay, to have a step of
honorary rank as follows :
Colonel Benjamin Crispin, Bombay Infantry to be Major-
General.

Lieutenant-Colonel Charles Cheape, Bengal Infantry, to
be Colonel.

Major Joseph William Farran, Madras Infantry, to be
Lieutenant-Colonel.

Captain William Bayley Jackson, Madras Infantry, to
Major.

Captain Henry Charles Roberts, Bengal Infantry, to be
Major.

Captain Sydney Rippon, Madras Artillery, to be Major.
MEMORANDUM.—Brevet Lieutenant-Colonel George T.
B. Colman, upon half-pay, as Major, Unattached, has been
permitted to retire from the service by the sale of his com-
mission, he being about to become a settler in Canada.

' ADMIRALTY, JAN. 2.
Corps of Royal Marines—Gentlemen Cadets John Cecil
Peters, William Gage Armstrong, Arthur Tupman,William
Frederick Campbell, and Alfred Close Cassan, to be Second
Lieutenants.

COMMISSIONS SIGNED BY THE QUEEN.
2d Administrative 13a• talion of Staffordshire Rifle Volun-
teers—John Packwood, Esq., to be Adjutant.
3d Battalion of Devon Rifle Volunteers—Charles Dupe •
rior, Esq., to be Adjutant.
47th Lancashire Rifle Volunteer Corps—John George
Smyth Wilcocks, late Lieutenant 3d West York Militia, to
be Adjutant.
3d Administrative Battalion of Surrey Rifle Volunteers
—Arthur R. W. Wade, Esq., late Captain 72d High-
landers, to be Adjutant.
COMMISSIONS SIGNED BY LORDS-LIEUTENANT.
Weston-super-Mare or 2d Somerset Company of Volun-
teer Artillery Corps—Second Lieutenant Anthony Ham-
mond to be First Lieutenant, vice Pigott, dismissed ; John
Hardwick, jun., Gent, to be 2d Lieutenant, vice Hammond,
promoted,

NAVAL PRIZE MONEY.
Department of the Accountant-General of the Navy,
Admiralty, Somerset-house, Jan. 11, 1861.
Notice is hereby given to all persons interested therein,
that preparations aro now being made for the intended
distribution of the sum of £30,543 155., awarded by the
Lords Commissioners of the Treasury on the 24th Novem-
ber, 1860, being the value of the prize captured between the
28th and 30th December, 1857, which has been allotted to
the officers and men who were engaged in the operations at
Canton within that period, excluding the Marines serving
with the Army, who will share in the amount awarded for
the Army.
Agents and all other persons holding powers of attorney,
prize orders, assignments, or other• instruments, by virtue
of which they may be legally entitled to claim the share
belonging to any captor, are requested, with as little delay
as possible, to transmit the same, accompanied by the usual
documents, to the Prize Branch of the Department of the
Accountant-General of the Navy, Admiralty, Somerset-
House.

Due notice will be given, by future advertisements in the
London Gazette, of the date proposed for the commence-
ment of distribution ; and, at the same time the amount of
an individual's share in the respective classes will be an-
nounced.
The following are the ships entitled to participate :
Acorn Acta)on, Algerine, Assistance, Banterer, Bustard,
Calcutta and tenders (Coromandel and Bittern), Clown,
Cruiser, Drake, Elk, Esk, Firm,
Forester, Furious,
Haughty, llesper, Hig,hflyer, Hornet, Inflexible, Janus,
Kestrel, Lee, Leven, Nankin, Niger, Nimrod, Opossum,
Plover, Racehorse, Sampson, Sans Pareil, Slaney, Star-
ling, Staunch, Surprise, Sybille, and Garrison of 14640a0
1%1.4 Volcano; Watchful! W.Qadconk!
•

11 A NK MITTS.
James Cook, indiarubber web manufacturer, Winek-
worth-place, City-road.
Victor Faelli, ship broker, Crutched Friars, City.
Walter Allanson, merchant, Castle-street, Holborn.
James Thomas Taylor, grocer, New .Chureh-street,
Marylebone.
Alfred Bowles, music seller, Ipswich.
Thomas Whitaker Pringle, grocer, Hawley. place,
Kentish-town.
Charles Humphery Cox, jeweller, Leamington Priors.
Jo>eph Maurice Marks, cabinet maker, Birmingham.
Richard Wood Markham, haberdasher, Bradford.
Henry Brown and Brook Hodgson, velvet manufacturers,
Halifax.
James Wagstaff, draper, Alfreton, Derbyshire.
Rowland William Conn9ll, dealer in teas, Liverpool.
Wm. Francis Lawrence, draper, West Bromwich, Staf-
fordshire.
Wei. Adams, painter, Nottingham.
John Hall, manufacturer, Belmont, Lancashire.
Christopher Hood and John Nixon, elastic web manu-
facturers, Nuneaton.
George Thomas Rollason, china dealer, Birmingham.
Walter Blundell, dentist, New Broad-street, City.
Freederick John Skinner, designer in embroidery,
Thurlow-place, Hackney-road.
John Routh, merchant, Broad street-buildings, City.
SCOTCH BANKRUPTS.
Charles M'Gregor, cattle dealer, Stanley, Perthshire.
Alexander Guthrie, merchant, Glasgow.
William Ross and Co., drapers and grocers, Evanton,
Kiltearn, Ross-shire.
William Macdonald, insurance agent, Glasgow.