The Sun.
London, England, 1850-11-20 00:00:00

GERMANY.

It is said that Marshal RADETSKY is daily expected
at Berlin as the bearer of conciliatory propositions
from Austria. The Marshal, all along, has opposed
in the most energetic manner the warlike policy
and the warlike measures of Prince SCHWART"
EENBERG, who seems to have been guided
by the Ban JELLACHICH until the arrival of RA'
DETSKY ; the latter has offered to go to Holstein and
endeavour himself to negotiate a peace.
A letter from Bamberg (Bavaria) of the 13th
announces that the march of the troops has been
stopped for the present.

EXPLOSION
TAE ON BOARD THE VALMY.--A Brest
paper, L' Ocean, gives the following additional details rela-
tive to the explosion which recently occurred on board the
Valmy, one of the vessels of the French squadron which
lately visited our shores. On Friday, the Bth instant, at a
quarter-past five in the morning, the Valmy was abreast of
Ouessant, at a distance of fifteen leagues. Suddenly a fright-
ful explosion shook the vessel. The planking of the spare
deck was torn away for a space of from nine to ten metres,
and but for the solid construction of the vessel her sides
would certainly have been injured, such was the terrible
violence of the explosion. When the first effects of the
panic occasioned by the incident subsided, the following
facts were ascertained :—The master gunner, who had had
to make signals several times during the night, had retired
to his room, taking with him a number of rockets. In this
room was a case of gunpowder. By some undiscovered
means, whether by accident or through imprudence, the
rockets or the gunpowder caught fire. The gunner was the
first victim of his imprudence. Seven men were killed with
him on the instant- the store-keeper and the master-car.
penter, who were in their rooms, three second mates, and two
sailors. Of two second mates, badly wounded, one has since
died. Twelve sailorswere scorched or wounded by splinters.
A cabin-boy, asleep in his hammock, was driven forcibly
against the deck above, and killed on the spot. This disaster,
it is hoped, will serve as a lesson for the future, and combus-
tible materials of whatever kind will not be allowed to be
kept cl.tewhere than in the powder magazines.

A sullen wise man is as bad as a g00d...-natured fool.
Knowledge, softened by complacency and good breeding, will
make a man equally beloved and respected ; but when joined
with a severe, distant. and unsociable temper, it creates
rather fear than love.—Eliza Cook's Journal.

ATROCIOUS ATTEMPT TO BLOW UP A SHIP OF
WAIL. —Advices received by the West India mail acquaint
us with the fact that on the 24th of August, 1850, in lat. 28
s., 126.23 W., William Muir, gunner's mate of her Ma-
jesty's ship, Swift, being reprimanded for neglect of duty,
went to the galley fire, lit a slow match, and was disco-
vered by the corporal of Marines in the act of entering the
magazine, with the intention of blowing up the ship ! Muir
was kept in irons till his arrival at Valparaiso, when he con-
trived to make his escape--how is not stated.

.....`......
.a...

CHANCERY.—(THIS DAY)
MALcoN v. SCOTT. 1 well
The further arguments in this part-heard ape, °l.d.
resumed this morning. The case came belore I",_clre,
ship upon appeal from the decision of the Vice-Cas
cellor ‘Vigeern. The case came before his Honour
Georgdo
considerable time since upon a bill filed by
Malcom end Co., of Liverpool, against Scott, Ben' ,
Co., of London, for au account of the produce of
ohn
sigurrents made by Adam and Co, of Calcutta,
the had a lien for a Inc of ru ees.
Maren"to..?aelod
they Calcutta home directed tbep London house
a lee of rupees out of the consignments in
for the credit of the Liverpool house, and they inforeee.
the Liverpool house that they had given the order. 11)°:
the
London house also apprised the Liverpool !louse
order, but at the same time informed them that that
Calcutta house had overdrawn their account, eof
the honouring of the order must depend on tbe ule
ade
the consignments. The Calcutta house afterwards wislic,
drew the order before anything was paid. end 6110
count
became bankrupt. The bill was filed for the
count of the transactions between the London arlaelie
Calcutta house, and of the amount of the consigany
up to March, 1843. On the case coming before the "t'he
Chancellor Wigram he directed a reference ti')
Master to take the accounts, and an sPPee ebe
brought from that decision before Lord Cottenbausteele
was the Chancellor. Upon that occasion Lord o:ritiee
ham said that there was a contract, by which tbeProol-
admitted they were bound, but what was the trust, .0
ing of that contract depended very much
of mercantile men. The Court had no means °1 net la
ing what that custom was, and he thought it was "deg
until he had the opinion of a mercantile jure'. II! Win
therefore order that the matter stand over until tne,Bs:oo
tiff brought an action against the defendants on Oral 14,
on tbeLeoltor
that they received the order, and that they bad ce.°o'cria
ments from the house in Calcutta during the tenrig
question. Thus matters remained till the Rre"e-eeolaa
Chancellor was appointed, and now the par"eseeßrrao
from the original decisioa of Vice-Chancellor Ty•geciee.
The arguments occupied the Court the whole En°'
-n Y.
ROLLS' COURT.—(THIS
His Lordship the Master of the Rolls beard fil°
again to-day, but nothing of interest took Place"
DAY.)
VICE-CHANCERY.—(THIS
BR
$.)
(Before the Vice-Chancellor K.NIGHT
The further argujmnaenntAsNinn. were
resumed, and occupied the Court the whole me°
His (Before the Vice-Chancellor Roast) oln re
HONOUR having disposed of the aBll3 poet];
paper for
Dixon's Trust," which stood on the
the further arguments in the part heard case °
BALGUY BROADHURST. , nor ilre
tunPuills.rt-beard case
sg.
were resumed. The ease came before his 11°°"f aborg.
exceptions. The bill was filed for the Wet:l°e° oilgai
mg a trustee with the sum of 8.0001., whic,"e ea
covenanted by his marriage settlement to 6olhge"
wife. The money was never sttled. and it was
by the hill that this was the fault of the trusteamt 0014
The arguments occupied the Court the whole
D Ir.),
QUEEN'S BEN CH.—(THIS 11 glee'
(Sittings in Banco, before Lord CAMPBELL an-
COLERIDGE and ERLE.) e eole
THE QUEEN V. THE INHABITANTS 0Y
IL
thie
JUDGMENT
Lord CAMPBELL gave udgm.ent in thi9 nas
1111..
0139
morning. He said this wasmandamus to teee
wardens and overseers oftaheparish of 13ils""
to oe
,
mending them to make a rate in orderee one
a sum of 600/, for the purpose ,°L si
a chapel within that parish. During _fire .
he (Lord Cernpbell) had expre,sed a strong desire
the Court might be able to support the Pr°°eeeeitlier
he was sorry to say that that appeared to'llebe tl-er
possible,io for there were two fatal objection •, of 8" s's
t___n depended principally on the interpretatioebordegof
m. c. 45, sec. 49, which empowered the char hones
and overseers of any parish, with the ePPTi sates 0111
the vestry, to raise by means of a rate sue ape
the emlolotier:
should be necessary for defraying
enlarging or otherwise extendin the ec°;" „ewo"
of churches or charts in such pagrisb. .16°"0,-elt Pao' d
were two objection, to thlt; tied one was, h'e-ijil;
the
es not a parish within the meaning of the I°6-
other, that the condition of the conseet him
was not complied with. It pp ared to hi.l—t. co of
Campbell) that Bilston was nota-- ea
parish; ;
contrary, was within and parcel of the APlAerie
Wolverhampton. Up to the year 1753 oil .7;1
a cemetery at Bilston, and marriages ,-iee Pee.
solemnised there previous to Lord Ilardw'ceboPel4ed
liege Act, but it was still only The ouer;;ed
within the parish of Wolverhampton. e obleoe
proof of the consent of the vestry having
4theee-ef
seemed entirely to have failed. On the res°.-;
1825, there was a meeting at Bilston, whenbea lea` ibef-
tion was come to that the 540/. offered to, planet
the Society for Promoting the Building ona the cheere
of
Churches, should be accep a
ted, and that ril3ol
should be enlarged. It was also arced tbil"
should be repaid by means ofa rate, ' suil he-Too°
ficiency was to be made up by the sale of 40 Pe- 00
ofwas not confirmed by the consent of the vesult.b! e - a a
two objections, which appeared to be fatal, "
rule 1
were °'
obliged reluctantly to discharge the ft'
AO
mandamus.—Rule discharged according'''• e CO,ir
THE QUEEN V. THE CALEDONIAN RAILWA" Ca'
Lord CAXPBELL said this the 5.
mwEaNsTa.
mandato!: to
to
;or f
plate
Railway Company, commanding I",.°ltba
t certain bridge over their „dittoed 'nee- d
Carlisle, as by law they were tr)und to u'delleser
cording to the plans and cross stcti°,if Cie%
land.
the Clerk of the Peace for the county Is„'dOed
and. This being a p-remptory mandataae"oolofreas
the prosecutor to show that all that had beentee, .lee
by the mandamus was a duty imposel bYtl5-o.to
necessaryh to show that there was an oblige-T.oi° 111
t e road in question according to the rates o'loo of
delineated in the plans and sections deposited getioo,
Clerk of the Peace. He thought that the AA),
the 9th and 10th Viet., c. 269 (the Suppleate-tte, or
to redflia9. of
w..h had been relied on, die not apply
onelination, but only to the heights and sPanteeeoeOrte be
the plans and sections. The Court was ii‘r"
opinion4o that that part of the mandamus °`'h-e fort:
. stained, and therefore judgment Inuit ;Or
defendant.—Judgment for the defendant 10°-
S St
EXCHEQUER CRAM`--
(THIS DAY.) ..e 1-0 00'
(Before the LoCRRD
IMCHINIEAFLBAAROPNP.ExcArL.SJ:;usieeOO
;OMAN. Mr. Justice WILLIAMS Mr. Jull'pa
t
and "-
Mr. Baron MARTIN.) 0n:
THE QUEEN V. FARRELL.., wdirri
In this case, which was tried at the Maius'ete the eel
Sessions, the defendant, who was a sergeant tee werfreri'
goon Guards, was convicted for dis:iberng tte &dr
of a
justice of the peace, ordering him but Pitbil
e to the support of his illegitimate
but, of g
meat was respited, in order that the °Pllll°isanill-
- might be take Pr
soldier on a charge of this nature. 001 e
nas to the legality of i°3 et°
he TO t
Mr. WELSBY, who was instructed by 1-4.„,3 the' ed h-
anpear on the part of the defendant, sta"ele, cst
Kennard had a child by the defendant in I",joteet,iii
was ordered to pay Is. 6d. a week for its, dieted pose}
but hiving disobeyed the order, he was lint Cali-ber
omistdemeaneur, and found guilty. The Leerilleei r i„,fl
Majesty's
ended that, by the Mutiny Act, no s°;' e.eio ate
hissty's service could be indicted for refosteeitircieet
twin
_wife or child, whether legitimate or 1 shoo' ee 0
The
deprived
of that Act being, that the Queenoeo "006
be priv of
charge,thoer
fsoerrvaicesof any. ese
criminal civil debt cVeedher" of th
the present case did not come within cis
classes.---The Court deferred their decision'

il Ill.)
BAIL COURT. THIS v—,l, sos)
(Sittings in Banco, before Mr. Justice l'i'gli! jiff%
Mr.
GUMMING AND ANOTHER V. rott°'-„,isi, c". 06
lion
ny
6alewdraitgaoifnst
r. LUSH applied to the Court for a ruled-iihow c'• 011
uponw two of the justices of Cambridge „, to 91„14,100"
further proceedings in this case. This wles° oil '-"de.
theprohibition
tt.e. 0 0
ments Act to recover possession of ac° ,0 see elf
fendant
hies 97° iTpl:°B.4B;
had occupied the cotta for fortr" for ° o,e
ge ,e,v99 oitt,
not paid any rent for the last twenty years. It: „doe c ors
in the service of a Mr. Cumming, to wuy— twelvec,iifir.
originally belonged, and who died about this fine Or
ago. The two complainants claimed under ooed '" ilia
man, but in the evidence which they prod
sb
obyt
ea,
port of the information the failed to estab;litotteoil,°oes
Ike a title. The Act authoyr. • be freg`9l 104" es'
certain matters of this nature'sing
l'teal
613°
ca
°
only 0 was „oaf)
between landlord and tenant, where there !]aged ', (0
Lion or dispute as to title. Now, here the a-forur:ent4
having occupied and repaired the pro:obl° to peiace- ed.
o twenty years, without being called up°,,° the Provay ''''
was in a situation to dispute the title, an" ato-.
Digs before the magistrates were
therefore ii
-iv.t'
Application granted. ~ 00' upo
QUEEN V. LONDON AND NORTH-WESTO' „010g-ndr,
In this case a rule nisi had been obtained,:‘, a mesa of
the Recorder of Liverpool to show calve Isr:t ape ,01
mus should not issue requiring him to hear '„ Cocir eat
the London and North-Western Usilvicif,a tbioLo.
against spoor-rate. The were 0— t 0 a
company tie en
for the parishof • Liverpool, according to thet year, the
tion of their property that was made loped Wit (Os'
against this rate they appealed, on the gr°overyor
assessment was excessive. The Recorder, l'l'ot of '''spe
posed of
. the appeal by ruling that the 411 opoe, the
liament reuired that ti should be raLe yabiC'' i•
par es hat i° sr el
net profits of the preceding year to t Ato be er
rate was collected, and he therefore refuse" woe . a
ot • tto-,
deuce upon the allegation that the assessre.e..righc
.01
cessive. This was held to ho a declining otrlds tat'
and the present rule was obtained and afterws'
(pi'
by Mr. Prashley and Mr. Crompton.
,„,,,t. Ilis,ote',
Mr. Justice PATTEsori now gave jLidg,lll,,3 POt ~•, 0
nion Was that the disnais6al of the apPe3l he hearwriba
clining of jurisdiction, beta decision upoo t inion wise]
the appeal, and entertaining the sore '..P, nt pro/10 of
Learned R.,eorder, tfrat the
be
of Yen the
that the rissessment should be made 0n t o„ neel 00
the preceding year, he thought there vc•us
_,i00., an",,..
for going into the question 'of excessive_rset_4diogi,
rule must be dismissed.—Rule discharged ACu
----.--------------- . y 0
g 1 s Po-
SECONDARIES.'—{ r I
TTSIt.)
(Before Mr. Secondary Po 'or) is
ROTES V. *WOW. „ill this actirood.
A BAD SPECULATION.—Thu piaLntl" .., of t' of
a wine merchant and boarding-house keepeithe 50
street, Cheapside, who sought to reeo_v_goterest-jefer
1571. 9s. 7d. on two bills of exchange au:tiff, said
never'r
Mr. JOYCE, who appeared for the ph0..1, but
dant had suffered judgment to go by defy"deratio: etta
ea 10°
theless he (Mr. J.) would show the _of an obe
appeared that defendant was the patenteee „joys 10
lids, foul which he hold out delusive „does

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Pl4lntlff that it woull yield a handsome profit., and
It
aTid •th •
dept P.e.r.ntAtT, kt-ing equally saegun e, took gcten..
in; his fatally beard and loge in the house,
da— aLdvaneerl easn as riPci-sslry, and also had his.
theagt),!iitie;:shoiwnst.tructcd in music. The dishonouring of
was pretty sirong evidence that the
atthgui'C expect t P.h 4abt ha,t been blighted.
lne 8 ' "t "",e duty to
uo_t SECONDARY s-nu the jury 0a.., only uu
ritrn a ve•rdiet for the plaint,ff.
This Was the only case.