The Sun.
London, England, 1844-01-24 00:00:00

WHITEHALL, J. 16.

The Lord Chancellor has appointed George Hinds, of Goud
hurst, in the county of Kent, Gent., to be a Master Extraor.
dinary in the High Court of Chancery.
WHITEHALL, JA N. 17.

The Lord Chancellor has appointed George Beauchamp
Knowles, of Birmingham, in the county of Warwick, Gent., to
be a Master Extraordinary in the High Court of Chancery.
WHITEHALL, Jas.. 18.
The Lord Chancellor has appointed James Wickham, of
Winchester, in the County of Southampton, Gent., to be a
Master Extraordinary in the High Court of Chancery.
WHITEHALL, JAN. 17.
The Right Hon. Sir Nicholas Conyngham Tindal, Knt., Lord
Chief Just ice of her Majesty's Court of Common Pleas, has ap-
pointed Thomas Clarke, of Craven-street, in the county of Mid-
dlesex, Gent., to be one of the Perpetual Commissioners for
taking the acknowledgments of deeds to be executed by mar-
ried women, under the Act passed for the abolition of fines
and recoveries, and for the substitution of more simple modes
of assurance, in and for the City of London, also in and for the
city and liberties of Westminster, and also in and for the
counties of Middlesex, Essex, Kent, and Surrey.
BANKRUPTCY SUPERSEDED.
JAMES FRANCE, cotton-manufacturer, Manchester.
BANKRUPTS.

FRANCIS BURDETT COURTENAY, surgeon, Grea,
Marlborough-street, to surrender Feb. 1, at half-past twelve,
and March 5, at half-past eleven, at the Court of Bankruptcy.
Graham, official assignee, Coleman-street; Rutter and Trotter,
Ely-place.
FREDERICK SHAW, builder, London-wall, Feb. 1, at
twelve, and March 5, at eleven, at the Court of Bankruptcy.
Turquand, official assignee, Old Jewry-chambers ; Wadeson
and Co., Austin-friars.
WILLIAM EMMINS, builder, Montpelier-row, Bramp-
ton, Feb. 6, at one, and March 5, at twelve, at the Court of
Bankruptcy. Edwards, official assignee, Frederick's-place, Old
Jewry ; Ward, Essex-street, Strand.
CALEB WILLIAMSON, hosier, Regent-street, Jan. 3f',
and March 12, at twelve, at the Court of Bankruptcy. Follett,
official assignee, Basinghall-street ; Goddard, Wood-street.
RICHARD MARYON, blacksmith, Chigwell, Essex,
Feb. 6, at one, and March 5, at half-past eleven, at the Court
of Bankruptcy. Edwards, official assignee, Old Jewry ;
Buchanan, Basinghall-street.
HENRY CLEEVE, cowkeeper, Rettindon, Essex ; Jan.
31, at half-past one, and March ti, at twelve, at the Court of
Bankruptcy. Lackington, official assignee, Coleman-street-
buildings ; Rickards and Wa'ker, Lincoln's Inn-fields; Clifton,
Romford, Essex.
THOMAS PARR, plumber, Liverpool, Feb. 6 and March
5, at eleven, at the Liverpool District Court. Cazenove, official
assignee, Liverpool ; Reed and Shaw, Friday-street, Cheap-
side, London ; Robinson, Liverpool.
JAMES ROBINSON, whatfinger, Nottingham, Jan. 29,
at eleven, and Feb. 24, at twelve, at the Birmingham District
Court. Bittleston, official assignee, Birmingham ; Cann,
Nottingham ; Smith, Birmingham.
CHARLES SMITH JACKSON, cloth merchant, Leeds,
Feb. 3 and 24, at eleven, at the Leeds District Court. Fearne,
official assignee, Leeds ; Sudlow, Sons, and Torr, Chancery-
lane, London ; Lee, Leeds.
FIRST NOTICES.
C. Twist, railway porter, Leeds.
J. Turner, whitesmith, Huddersfield.
A. Akeroyd, coal leader, Birstal, Yorkshire.
T. Hayward, wood carver, Tabernacle-walk, Shereditch.
E. Evans, schoolmistress, Fulham.

F. Blackley, steward of a steam-boat, Southampton.
H. Martin, attorney, Augustus-square, Regent's-park.
G. Dennes, attorney, Great Vine-street, Westminster.
W. Pullin, grocer, Tuck-street, Shoreditch.
E. Brown, carpenter, Willesden, Middlesex.
J. Whitfield, Dover-road, Southwark.
T. R. Maurice, attorney's-clerk, Holywell, Flintshire.
J. Newton, grocer, Lower-marsh, Lambeth.
J. Dickins, dealer in fustian cloths, Salford, Lancashire.
R. Henson, dealer in fancy ornaments, Bedford-street, Strand.
J. Radcliffe, building-surveyor, Huddersfield.
T. Bullock. commission-traveller, Clarence-terrace, Islington.
J. W. Finney, farmer, Stockport, Cheshire.
T. Griffiths, clerk, Charlotte-street, Islington.
J. Bodin, plumber and glazier, Dudley, Worcestershire.
F. Uliathorne, fustian-dealer, Manchester.
F. Asprey, attorney, Furnival's Inn, Holborn.
T. Greenwav, charter-master, Dildloy, Worcestershire.
T. Firth, labourer, Birstal, Yorkshire.
C. Parsonage, retail butcher, Kirkdale, Lancashire.
J. Stott, druggist, Littleborough, Lancashire.
C. Coltson, wine merchant, Grosvenor-place, Kennington.
J. Lewis, tailor, Barferd, Norfolk.
M. Williams, publican, Pontypool, Monmouthshire.
J. B. Fuller, attorney, Tenbury, Worcestershire.
P. 13. Goode, attorney, Somers'. town.
G. Perry, retailer of beer, Bilston, Staffordshire.
H. Darbey, tailor, Porehester-road, Bayswater.
W. Downing, leather dealer, Cleckheaton, Yorkshire.
J. Smith, provision dealer, Wigan, Lancashire.
W. Kirrage, asphalte manufacturer, Norwich.
R. Crosby, linen-draper, Redcar, Yorkshire.
W. Turner, plasterer, Halifax.
T. H. Capes, attorney, Reedness, Yorkshire,
J. Cornish, railway-contractor, Sheffield. -
J. V. Penfold, attorney's-clerk, York-row, Lambeth.
T. Thompson, chemist, Harwich.
J. Wilkinson, saddler, Leeds.
J. Middlemass, carpenter, Tynemouth, Northumberland.
J. Jones, broker, Liverpool.
J. Smith, retail provision dealer, Wigan, Lancashire.
C. Darcy, cowkeeper, Charlotte-mews, Bloomsbury.
J. Sabine, surgeon, Great Yarmouth, Norfolk.
W. Mortlock, tailor, Essex-street, Strand.
G. Fisher, varnish manufacturer, Minerva-st., Hackney-road.
T. Bartlett, cabinet-maker, Cheapside.
J. Sharp, cloth finisher, Marsh, Yorkshire.
J. Cox, clerk, Bi oadley-terrace, St. Marylebone.
S. Harper, attorney, High-street, Putney.
W. Norris, butcher, St. Alban's.
R. Hughes, milliner, Lower Tottenham, Middlesex.
G. Warburton, saddler, Lymn, Cheshire.
SECOND NOTICES.
T. Burrell, brick-maker, Gerard-street, Islington, Jan. 29,
at half-past eleven, at the Court of Bankruptcy. Turquand,
official assignee.
G. G. Weston, dealer in caps, Hillingdon, Jan. 29, at
eleven, at the Court of Bankruptcy. Graham, official assignee.
A. M. Count de Wuitz, chamberlain to the Duke of Bruns-
wick, Regent's-park, Feb. 7, at one, at the Court of Bank-
ruptcy. Lackington, official assignee, Coleman-street-buildings.
B. B. Beams, attorney's clerk, Bath-p'ace, Lambeth, Feb.
6, at half-past eleven, at the Court of Bankruptcy. Lacking_
ton, official assignee.
W. Avis, tailor, Newmarket, Feb. 7, at half-past two, at the
Court of Bankruptcy. Johnson, official assignee.
J. Hubie, bootmaker, South Milford, Yorkshire, Jan. 27, at
eleven, at the Leeds District Court. Fearne, official assignee.
W. Cromwell, flour dealer, Bradford, Jan. 27, at eleven, at
the Leeds District Court. Fearne,
J. Carden, blacksmith, West Hoathley, Sussex, Jan 29, at
half-past two, at the Court of Bankruptcy. Graham, official
assignee. official assignee.

T. A. Eturley, beer-shopkeeper, 13awdeswell, Norfolk. Feb.
3, at eleven, at the Court of Bankruptcy. Groom, official
assignee.
W. Muir, hair-dresser, Alfred-place, Newington-causeway,
Surrey, Feb. 3, at eleven, at the Court of Bankruptcy. Ed-
wards, official assignee.

S. Heilbuth. ha;acvareman, High.street,Shadwell, Feb. 14, at
eleven, at the Court of Bankruptcy. Johnson, official assignee.
A. H. Tanner. schoolmaster, Ebury-street, Pimlico, Feb.
14, at twelve, at the Court of Bankruptcy. Lackington, official
assignee.
J. E. Leese, clerk, Regent-street, City-road, Feb. 14, at
half-past eleven, at the Court of Bankruptcy. Johnson,
official assignee.
S. Colenso, painter, Penzance, Cornwall, Jan. 31, at eleven,
at the Exeter District Court. Hernaman, official assignee.
J. Taylor, gardener, Winstanley, Lancashire, Jan. 27, at
eleven, at the Liverpool District Court. Morgan, official

assignee.
J. White, cotton spinner, Manchester, Jan. 29, at twelve, at
the Manchester District Court. Fraser, official assignee, Man-
chester.
A. Leigh, land agent, Cborlton-upon-Medlock, Lancashire,
Jan. 29, at twelve, at the Manchester District Court. Fraser,
official assignee.
W. Ramscar, candle-wick manufacturer, Stockport, Cheshire,
Jan. '29, at twelve, at the Manchester District Court. Stan-
way, officicial assignee.
DIVIDENDS.
At the Court of Bankruptcy, Basinghall- street.
T. Wright, cheesemonger, Blackmore-street, Clare-market,
Feb. 22, at twelve—R. Lewin, leather seller, Northampton,
Feb. 15, at eleven—T. Alford, licensed victualler, Harrow-
road, Paddington, Feb. 22, at half-past twelve—J. P. Howard,
maltster, Attlebridge, Norfolk, Feb. 13, at one—J. W. Slatter,
boot maker, Oxford, Feb. 15, at eleven—E. Corals, hosier,
Bristol, Feb. 15, at half-past twelve—T. L. Holt, jun., printer,
Crane-court, Fleet-street, Feb. 15, at twelve—W. Nettleton,
tailor, George-street, Hanover-square, Feb. 15, at half-past
twelve—W. Smith, miller, St. Alban's, Feb. 15, at half-past
twelve—R. Crane, draper, Harrow-on-the-Hill, Feb. 15, at
twelve—J. Richmond, merchant, Lime-street, Feb. 15, at one
—G. B. Bishop and F. Hildyard, drapers, Southampton, Feb.
15, at twelve—J. Ball, tailor, St. George's-place, Hyde-park-
corner, Feb. 15, at eleven—J. Allen, baker, Penzance, Corn-
wall, Feb. 16, at half-past twelve—D. Blake, mohair manufac-
turer, Norwich, Feb. 14, at two—J Hayward and R. H.
Moore, booksellers, Paternoster-row, Feb. 14, at twelve.
In the Country.

G. Ratcliffe, fender manufacturer, Sheffield, Feb. 10, at
eleven, at the Leeds District Court—J. Hayes, innkeeper,
Taunton, Somersetshire, Feb. 15, at eleven, at the Exeter Dis-
ttwricetivCeo.
autrtt—heT.scrivener, Gloucester, Feb. 3, at
Bristol
Districton ey
Court.

CERTIFICATES to be granted, unless cause be shown to the
contrary, on the day herein-mentioned.
W. E. Filbey, wine merchant, Norwich, Feb. 16--R.
Pusey, , baker, Drayton, Berkshire, Feb. 13—W. F. Mills,
merchant, Hart-street, Mark-lane, Feb. 15—M. H. L. G.
Colnaghi, print seller, Cockspur-street, Charing-cross, Feb. 15
—B. Crussell, glass dealer, Croydon, Feb. 13—J. Ball, tailor,
St. George's-place, Hyde-park-corner, Feb. 13--J. C. Ord,
coal factor, Waterloo-place, Pall-mall, Feb. 13—R. Blunden,
plumber, Alton, Hampshire, Feb. 15—H. Bundey, builder,
Upper York-place, Portland-town, Feb. 14—H. H. Barker,
tailors, Argyll-street, Oxford• street, Feb. 13—W. Havelock,
corm, South Shields, Durham, Feb. 15. H. Warner, E.

Marsack, T. Manning, and J. Manning, brandy distillers, Li-
verpool, Feb. I9—S. W. Suffield, druggist, Birmingham,
Feb. I3—W. Shaw, saddler, Stafford, Feb. 17—E. Ashworth,
innkeeper, Manchester, Feb. 14—G. T. Whittington, mer-
chant, Great St. Helen's, Bishopsgate-street, Feb. 13—F.
Kennedy, stationer, New Bond-street, Feb. 13—T. J. Sutton,
master mariner, Scarborough, Yorkshire, Feb. 13—J. Cowherd,
miller, Hugill, Westmorland, Feb. 13.
PARTNERSHIPS DISSOLVED.
H. L. and H. Smale, proctors, Doctors'-commons—E. and
W. Shaw, woollen cloth manufacturers, Huddersfield, York-
shire—T. Vernon, U. I3anaster, T. G. Vernon, G. H. Ba-
naster, and W. Howard, spirit rectifiers, Tewkesbury, Glou-
cestershire—C. H. and T. D. Ellson, rock salt proprietors,
Marston, Cheshire—T. Pemberton, S. Burton, and T. H.
Sinkinson, brass founders, Birmingham—H. Robinson and E.
Russum, tailors, Leeds—J. Curry and J. Mannock, steam engine
makers, Dukinfield, Cheshire—G. Lomas, sen., and G. Lomas,
jun., corn dealers, Manchester—H. and J. Bridge, corn
dealers, Bury, Lancashire—J. 'l'. Hester and P. Blundell, sur-
geons, Abingdon, Berkshire—E. C. Batt and N. B. Rumley,
merchant., Newport, Isle of Wight—J. Thompson and W. Ni-
cholson, iron founders, Blackhill, Durham—H. Barber, H. S.
Barber, and T. W. Cobb, brokers, Fenchurch-street (so
far as regards T. W. Cobb—W. Deane and W. Burne, iron-
mongers, Dorkirg, Surrey—W. Ryde and T. Puttock, timber
merchants, Dorking, Surrey—W. Fowke and T. Greensmith,
chemists, Hugely, Staffordshire—J. and S. D. Heath, porter
merchants, Bishop's Stortford, Hertfordshire—E. Sellman and
J. Crumpton, tinmen, Shrewsbury, Shropshire—J. Haworth,
L. Haworth, and J. Cowpe, flannel manufacturers, Flaxmoss,
Lancashire—W. Foster and J. Stewart, architects, Liverpool—
H. Saunders and R. Keywood, plumbers, Brighton—W. Hare
and F. Stokes, warehousemen, Wood-street, Cheapside—J.
and D. B. Sorley, brokers, Liverpool—B. and J. Buckley,
bleachers, Openshaw, Lancashire—G. Holt, A. Holt, and J.
Holt, farmers, Crauley, Surrey—B. and J. W. Rust, grocers,
Cromer, Norfolk.
SCOTCH SEQUESTRATIONS.
DAVID PEARSON and JAMES PEARSON, builders,
Perthshire, Jan. 27 and Feb. 17, at twelve, at the Burgh
Court-room, Perth.
WILLIAM CRAWFORD, ironmonger, Dundee, Jan. 26
and Feb. 16, at two, at the chambers of Baxter and Alexander,
Dundee.
THOMAS COWAN SMITH, insurance broker, Edin-
burgh, Jan. 29 and Feb. 19, at two, at ,the chambers
of J. P.
Falkner, Edinburgh.
JOHN SMITH, grocer, Glasgow, Jan. 29 and Feb. 19, at
twelve, at the chambers of D. and J. Wilkie, Glasgow.
ISAAC MERCER, currier, Dunne, Jan. 29 and Feb. 20,
at twelve, at the Town-hall; Dundee.

LAW INTELLIGENCE.
COURT OF CHANCERY, Jan. 22.
IN RE SOMBRE, A LUNATIC.
A verdict of lunacy was some time since returned
against Mr. Dyce Sombre, but before proceedings
were taken to appoint a Committee, the lunatic left
England.

Mr. WALPOLE, on the part of a solicitor of the
family, now moved on a petition for the inspection of
certain documents, at present in the custody of the
Commissioner in Lunacy.
The LORD CHANCELLOR said it was impossible to
make such an order in the present state of circum-
stances. The omission to appoint a committee was
much to be regretted, for it deprived the lunatic of
any legal representative, and the Court had no power
to direct the Commissioner to deliver up or grant an
inspection of any document in his custody.

SELBY' V. JACKSON.

The plaintiff, who sues in forma pauper's, filed a
bill to set aside a deed by which he empowered the
defendants, his brothers-in-law, to manage his busi-
ness, as a wine merchant, during his confinement
under temporary insanity. The allegation in the bill
was, that the plaintiff executed the deed under con-
straint, and without being fully aware of its contents.
The Alaster of the Rolls dismissed the bill, being of
opinion, as the defendants stated in their answer, that
the plaintiff was fully aware of the nature of the deed,
fully competent to execute it, and that what had been
done was the best that could be done under the pecu-
liar circumstances of the case.

Mr. SELBY arguelhi;—;se to-day for several
hours, and contended that the deed was executed in a
madhouse on compulsion ; that his property under it
had been much mismanaged, and that the defendants
were now bound to account.

At four o'clock the further hearing was postponed
11 to-morrow.

JANUARY 23.
The Lord Chancellor did not sit :to-day, in conse-
quence of indisposition.

VICE-CHANCERY COURT, Jan. 22.
(Before Sir L. SHADWELL).

LORD JOHN I3ERESFORD V. THE ARCHBISHOP OF

ARMAGH AND OTHERS.

The further arguments of counsel in this case were
resumed this morning on the point raised by the
plaintiffs on further directions—namely, the right of
the personal representatives of the late Lord Waterford
to have his personal estate now recouped by the pre-
sent Marquis of Waterford, out of the rents and
profits of the Londonderry estates, to the extent of
the principal sums, with interest at 6 per cent., ad-
vanced by the late Lord Waterford in his lifetime out
of his own proper moneys, to pay off certain incum-
brances and debts upon the family estates. The claim
now made by the plaintiffs, who represent all the
' younger children of the late Lord Waterford,
amounts, including principal and interest since 1826,
the period since that nobleman's death, to no less a
sum than 90,0001.
Mr. STUART replied on behalf of the plaintiffs. He
insisted that by the will of George Marquis of
Waterford, who died in the year 1800, all his debts
were charged on the Londonderry estates, as the
primary fund for payment, and that a mortgage and
sale of those estates were directed by the will to be
made, in order to pay off the amount of those debts.
The Master had reported that the amount of those
debts, at the time of the death of Marquis George,
was 115,0001. ; and that by payments made by the late
Marquis Henry, to whom the estates were devised by
Marquis George's will, as tenant for life, the amount
of the debts was reduced to about .51,000/. The
amount so paid off, in respect of the principal money
due for those incumbrances, was a debt due to the
personal estate of the late Marquis, and for which he
must have a charge on the Londonderry estates, so as
to stand against those estates with the same rights as
the creditors whom he had paid off. The argument
on behalf of the present Marquis, who was tenant in
tail of these estates, was that, by a deed executed in
Ireland in 1822, the late Marquis Henry, the tenant
for life, had agreed to give up the right which he
had to stand in the place of the other creditors whom
he had paid off. That argument could not stand ; first,
because the unreserved purpose of that deed, as recited
in it, was to keep alive his claim against the London-
derry estates; secondly, because it provided that the
claim was to extend to all such debts which might be
paid by Marquis Henry as were charged on the estate
by the will. The only doubt which could be raised
as to the construction of the deed of 1822, was from
an inaccurate use of the words "rents and profits," in
such a manner as to make it appear that Marquis
Henry considered that the whole rents and profits of
the Londonderry estates during his life were to be
applied not merely to keep down the interest on the
debts and mortgages, but also to pay the principal
money due upon them. There was not a doubt that
under the will of Marquis George, the late Marquis
Henry was entitled to all the rents and profits as
tenant for life, subject only to his paying thereout
the interest on the mortgage and other debts. What
the intention of the deed of 1822 was, then, there
could therefore be no doubt. The amount, therefore,
which the executors of the late Marquis Henry claimed
to charge against the Londonderry estates, with inte-
rest since 1826, was about 90,0001.

The VICE-CmANcELLoa, proceeded to give judgment
upon this important question. His Honour said that,
as he understood the case, it really came to this, whe-
ther on the will of George Marquis of Waterford and
the deed of 1822, taken together, it was to be con-
sidered that the late Marquis Henry was originally,
placed under an obligation, or that he had put him-
self under an obligation, to apply what his Honour
might call the surplus rents, that was, such as should
remain after the current charges which must have
been paid with interest and so on—whether the sur-
plus rents were to be applied to the liquidation of
what he might call the capital sums ? That was the
point. Now, it really appeared to his Honour that
no such construction would be allowed by this Court
on the will of the Marquis George ; and the utmost
effect which could be given to the words with
regard to the rents and profits was this, that
they would be applicable to keep down the prin-
cipal if necessary, and, in short, it left the
thing precisely as it would have been. There would
merely have been a charge of debts and legacies, in
the simplest form, on the Londonderry estates ; and
then, with respect to the deed of 1522, it really ap-
peared to his Honour that if there had been a bill filed
for the purpose of carrying into execution the trusts
of that deed, and it had been insisted on by those who
filed the bill that the construction to be given to it was
such as was now contended for, the Court, in con-
sidering that question, must take the whole of the in-
strument together, and taking the whole of it together,
no such construction could, in his Honour's opinion,
lie made out of it ; and although his I lonour admitted
that there were very foolish and blundering words
in the deed (it was drawn in Ireland), in that
part of that thing which was the witnessing
part of it, just after the habendum, yet it ap-
peared to him that such a construction as that

contended for by the present Marquis's counsel
was utterly inconsistent with the plain intention ap-
pearing on the recital ; and his Honour also thought
it utterly inconsistent with those latter words at the
end of the deed ; and it therefore appeared to his
Honour, that it would be a great surprise and a la-
mentable calamity on this noble family, if any other
mode of dealing with it were allowed. His Honour
should, therefore, declare, that the executors of the
late Marquis Henry were entitled to have a lien upon
the rents and profits of the Londonderry estates, to
the extent of the principal of the incumbrances and
debts paid off the family estates by the late Marquis
Henry in his lifetime.
The result of this decision is to add a sum of above
90,0001. to the personal estate of the late Marquis,
which is divisible for the benefit of his younger
children.

JANUARY 23.
The Vico-Chancellor of England was occupied the
whole morning with the arguments in the cause of "Far-
mer v. Farmer," in which the bill was filed for the pur-
pose of having certain deeds delivered up to be cancelled,
on the ground of th© imbecility of the party executing
them.

COURT OF QUEEN'S BENCH, Jan. 23.
(Sittings in Banco.)
The Court took the special paper to-day. No case
of any public interest came on during the morning.

COURT OF COMMON PLEAS, Jan. 23.
(Sittings at Nisi Prius.)
GREGORY V. THE DUKE OF BRUNSWICK AND ANOTHER.
This was an action for a conspiracy, of which the
facts are familiar to the public. The verdict was for
the defendant, against which Mr. Sergeant Shea ob-
tained last term a rule nisi. Cause was shown by
Mr. Sergeant Talfourd for the defendants, and this
day Mr. Sergeant Shea replied.
The argument occupied the whole morning, and
the Court refused the rule.

BAIL COURT, Jan. 23.
(Before Mr. Justice WILLIAMS.)
THE QUEEN V. THE CORPORATION OF LONDON.
In this case Mr. KELLY, on the application of the Church-
wardens of St. Magnus and St. Margaret, New Fish-street
Hill, moved for a rule to show cause why a writ of mandamus
should not issue against the Corporation of London, for the
payment of 921., the amount of arrears for non-payment of a
perpetual charge of 81. a year. The charge in question was
created by Act of Parliament, in the year 1762, on
the Bridge House estate, as compensation for a foot passage
made under the steeple of St. Magnus Church. On the erec-
tion of the new bridge, the passage, not being any longer re-
quired, was enclosed, and the Corporation have refused pay-
moot of the charge on account of it since the year 1832.
Rule granted.

STYLES V. DULCEEN.

(Before a Common Jury.
This was an action for false imprisonment.
Mr. HUMFAEY said that in this action James Styles was the
plaintiff, and Theodore Augustus Dulcken, the husband of
Madam Dulcken, the celebrated pianist, the defendant. The
parties had had dealings together on various occasions
relating to horses. Mr. Dulcken conceiving himself to
have been defrauded in the last transaction between
them gave the defendant into custody, and when ho arrived
at the station-house refused to make any charge. He was
discharged the same day. It was on account of this imprison-
ment that the present action had been brought. The only de-
fence which Mr. Dulcken had put on the record was, that he
was not guilty. It was for the jury to say, under these cir-
cumstances, what compensation the plaintiff was entitled to
receive.

John Spires examined by Mr. PLATT, on behalf of Mr. Hum-
frey, who had left the Court—Was a police constable. On the Bth
of September, while he was standing at the corner of Burwood-
place, Edgeware-road, Mr. Dulcken sent for him, and told
him that he wished him to take a prisoner in custody for
swindling him. He arrested Styles afterwards in the street,
and then fetched Mr. Dulcken to the police•-office. It ap-
peared from the conversation which took place that the horse
had been sold by Mr. Savory, and they all three went in
search of him, but in vain. Mr. Styles was discharged on
his promising to meet Mr. Dulcken on the following morning
to have a settlement.
Cross-examined by Mr. THESIGER—Knew a public house
called the Eagle and Vulture. Went there and saw Styles
and Savory come out together. Mr. Styles said that Mr.
Savory was the person who sold the horse.
Patrick Conolly, sergeant of police, gave similar testimony
with respect to what took place at the police station.
Mr. grimmest addressed the jury for the defendant. He
said when the jury were aware of the circumstances of this
ease, he felt confident that the plaintiff would be perfectly safe
in their hands. Mr. Dulcken had, unfortunately for him, on a
previous occasion, purchased a horse of the defendant, and
had given a bill fur a larger sum than he was bound
to pay, leaving him a creditor of Mr. Styles to the
amount of ten guineas. Mr. Styles, under these circum-
stances, recommended to Mr. Dulcken's notice a horse.
Styles said the horse belonged to Mr. Savory who kept the St.
Andrew's Tavern. The horse was eventually purchased for
45 guineas, a warranty being given by Mr. Savory as to its
soundness. It was sent, on the day it was purchased,
to Mr. Patteson, a livery stable-keeper, who immediately
said that it was unsound, and not worth five guineas.
The result was that the horse was sold by the defendant for
71. ss. He admitted, that under these circumstances, his
client, a foreigner, took a step which could not be justified by
law; but, considering the circumstances which led to it,
and the slight imprisonment which took place, he thought the
jury would give only a farthing damages.
Edward Cussens (examined by Mr. THESIGER) deposed to
the trial of an action for 15/., brought by the defendant against
Mr. Styles, in November, in which the jury returned a ver-
dict fur 8/. against the latter. Some receipts were excluded,
on account of the absence of stamps.
William Taylor, a coachman to the defendant, deposed to the
horse being brought home. Witness took him to Mr. Patteson's
stables, who pronounced him to be a roarer.
Patteson, a livery-stable keeper in Marylebone-lane, de-
posed to the horse being brought to his stables. He found him
a roarer. Styles at his stables admitted that he was not sound
in the wind, and said that he did not intend that horse for Mr.
Dulcken, and he should have another.
Some further evidence was adduced as to the value of the
horse.

Mr. PLATT having addressed the jury for the plaintiff,
The Learned JUDGE said the jury must of course return a
verdict for the plaintiff, as the defendant had clearly acted con-
trary to law. They might consider, however, whether the
transaction was such as to induce Mr. Dulcken reasonably to
think that he might have recourse to the criminal law, and
by their opinion on this point they would regulate the damages
to be awarded.

The jury returned a verdict for the plaintiff—Damages, one
Farthing.

COURT OF EXCHEQUER, Jan. 23.
(Before Mr. Baron Rorse. )
WRITS OF ERROR.
The Learned Judges of the Queen's Bench and Exchequer
met this morning in the Exchequer Chamber, and announced
they would sit to hear writs of error from the Queen's Bench on
Thursday, the Ist, and from the Exchequer on Tuesday, the
6th of February.

DAY S.NDY.
This was an action to recover 481., the amount of a pro-
missory note at three months' sight. The defendants and the
father of the plaintiff entered into partnership for a term
of twenty-one years as saddlers' ironmongers, in Great
Queen•street, Lincoln's Inn-fields. The partnership was
dissolved in eight months, owing to the plaintiff's
father being involved in pecuniary matters, and because
an execution had been put into the house, and on the goods
of the firm. It was proved by the evidence of the brothers of
the plaintiff that lie had advanced the money to his father, who
gave him the promissory note in the name of " Day and Co."
It was also proved by evidence that the plaintiff, who is 24
years of age, only received Bs. a week, which, the counsel for
the defendant contended, gave him little or no opportunity of
saving a single shilling, and that the promissory note was con-
cocted by the plaintiff and his father a few days before the disso-
lution of partnership, for the purpose of involving the defendant
in the matter, and ultimately obtaining his share of the amount
as co-partner. It was further asserted that the obligation was
one wholly unconnected with the firm, and entirely of a private
nature. The defendant's solicitor stated that he saw the
plaintiff at a public-house in White Hart-yard, and on asking
him if the promissory note was a private or business transac-
tion, he stated that it was a private matter, and that a female
sitting behind the bar told him to hold his tongue, and to call
his uncle to speak about the business. Verdict for the defendant.

POLICE INTELLIGENCE.
(YESTERDAY.)
MARYLEBONE.

On Mr. Maltby, the presiding magistrate, taking his
seat on the bench this morning, Mr. Clements, the chief
officer, handed to him nine letters, addressed to the sitting
magistrates of this Court, all of which had been re-
ceived by post, or otherwise, since yesterday.
Mr. MALTBY said there was no doubt they contained
contributions for the poor box, but he should not open
them until he had communicated with his colleague, Mr.
Hardwick, on the subject, as he felt I pite con-
vinced that great evil was arising from the
distribution of alms from that Court, in the
way it had been done for some time past. The
office was daily beset with shoals of applicants for relief;
and the numbers were daily increased ; 51. per day were
given away, but it would require 1001. to relieve all that,
applied ; it was also producing a very bad system in the
neighbourhood, many persons neglected their work to
apply for relief, and others resorted to deceit and fraud
to obtain it. Upwards of thirty donations were received
yesterday.
Mr. Fitzpatrick said that the practice, if persevered in,
would bring upon them the whole of the vagrants in the
parishes comprising the district of the Court ; for they
began to think they had an actual right to claim relief
from the poor-box, It was originally intended for the
succour of deserving oftjects in sudden exigency of dis-
tress, and not for permanent relief:
The chief officer said, that for many days past the
mothers of families, and others, were loitering about the
Court during the day, taking the chance of being re-
lieved. When one obtained it she directly sent another,
and so the continued applications were kept up from day
to day ; they were also acquiring habits of idleness and
drinking.

Mr. MALTBY said some steps should ho taken in the
matter, and the conversation dropped.

.
The mortal remains of the late Marquis of Ilasting6
were deposited on Monday, in Castle Donnington church,
Leicestershire, in a vault prepared for the occasion. The
inhabitants of Donnington closed 'hair shops as a marl:
of respect to the memory of the late lamented Nobleman.

GREECE.
THE NATIONAL ASSEMBLY.
ATHENS, DEC. 22.—The National Assembly continues its
daily sittings.
The draft of the address was read and distributed to the As-
sembly on the Ibth, and its discussion adjourned to the 18► h.
It appears that the Commission charged with the framing of
the address omitted indicating the motives which led to the
reform of the 3d of September; and, generally, that the ad-
dress is not Helennic enough. This omission was by most de-
puties considered as an indifference to the new order of things;
the Ministry, to remove any inquietude, affecting the future,
the part of the officers who supported the demand for a con-
stitutional reform, proposed to the Assembly to ensure such
officers the activity of service in their respective grades during
their life time. This proposition having been developed by M.
Zegraphos, the supposed author of the draft, was carried with
loud cheers.
The Council of Ministers made an address to the Helle-
nians, whereby they assured them that they will place no faith
in the reports, artfully spread in the provinces, which give a
false idea of the spirit by which the Assembly is led. They
then exhort them to be tranquil and wise, and to confide in
the Assembly.
The Assembly, through its Vice-President, M. MaTrocer-
date, decreed that Col. Kallergy and the garrison of Athens,
serve as the Assembly's Guards.
The Greek Observer publishes the draft of the Assembly's
address, in answer to the speech from the throne.
" Sire—The representatives of the people, from the bottom
of their hearts, thank Providence for seeing your Majesty
amongst them on this day, the Bth of November. They on
this day are fulfilling a most pleasant duty in expressing their
most lively feelings of joy and profound acknowledgment.
" They accept your Majesty's wise words as a happy omen
for the future destiny of Greece. :hey do with unutterable
satisfaction acknowledge that the ties which sinee 1f33 unite
the Greek people to their King became indissoluble the day on
which the noble wish of your Majesty's paternal heart sealed
the accomplishment of the national wishes, so unanimously ex-
pressed.
" Sire, the Greek nation, during the whole period of the
I.olv struggle for its independence, has consecrated, repeatedly,
in all the acts of its assemblies, the principle of the constitu-
tionalTguarantees so beneficial to the population.
" The nation entertains a sincere feeling of acknowledgment
for the liberal laws which, after the establishment of the Royal
dignity, have been enacted according to these principles.. But
the acknowledgment of the Greek people became still greater
the day when your Majesty listened to the recently expressed
national wishes, and condescended to acknowledge the work
by proclaiming the system of national representation, as a
treaty between the King and the people—a treaty which is to
consecrate, irrevocably the people's rii hts and the Throne's
prerogatives.

. -
" Yes, Sire, this treaty alone, and a Constitutional Govern-
ment give life, and insure the stability of the liberal laws
enacted since the establishment of the Royal dignity, and will
raise on a most solid basis the edifice of our political Consti-
tution.

" Embracing in one and the same thought, both the present
and the future destinies of the Greek society, the representa-
tives, under the protection of the highest, will use all their
efforts to further this edifice.

" Sharing, as they do, in your Majesty's wishes, and vows for
the welfare of the nation, they will not be sparing in awarding
, I just and necessary concessions, to arrive at this scope; they
}I will on the one hand, use all their efforts to put the funda-
' mental law of the constitution of the country in harmony with
the real wants of the people, and to render it worthy of the ex-
pectations of the civilised world ; and, on the other, they will
represent the monarchy in all its strength, and surrounded by
all due respect, reserving to the throne the requisite rights to
protect the just interests of every individual, and the general
prosperity of the nation.
" Rely, Sire, that on every occasion, did the Greek people
acknowledge your Majesty's attachment to them—an attach-
ment which the representatives know how to worthily appre-
ciate.
" They do, therefore, set at work with full devotion, and
inspired by a feeling of justice and patriotism, they will occupy
themselves, in harmony with your Majesty, with the framing of
the definite Constitution of the representative kingdom of Greece,
and will endeavour to seal it with the mark of stability.
" The representatives of the people will, assisted by the Al-
mighty, fulfil the sacred duties laid upon them by the mission
with which they are entrusted, and trust to be able to guaran-
tee the perpetual welfare of Greece, inseparable from the glory
of your Majesty's. throne."
After three days of discussion, the foregoing address was car-
ried by a great majority. The amendments which it under-
went are insignificant, only the fifth paragraph was changed.
The answer to the address was presented to his Majesty by
Messrs. Metaxa and Londos ( Vice-Presidents of the Chamber),
and Messrs. C. Colocotroni and Ducos (Secretaries), accom-
panied by twelve members deputed by the Assembly. The fol-
lowing is his Majesty's reply :
" Gentlemen—l receive with pleasure the answer of the
National Assembly to the speech which I pronounced at the
opening of its labours. The harmony of my sentiments with
those of the nation has caused me the most inexpressible satis-
faction. In this manner the great work of the establishment
of the constitution of Greece will be accomplished happily and
with perfect agreement, and in this manner I do not doubt we
all understand the 3d of September."
The answer of his Majesty was received with universal en-
thusiasm, and all the journals are alike loud in their praises of it.
The Queen's birthday was celebrated on the 21st with great
solemnity. The King gave a grand banquet to the corps di-
ploinatique, and to a great number of Deputies and civil and
military functionaries. In the evening the city was brilliantly
illuminated.
We find in the Secolo, the following article on the new form
of Government which is to be established in Greece :--
" A dispatch, dated Nov. 29th, concerning the situation of
Greece, and the labours of the National Assembly, has been
addressed by Lord Aberdeen to the British Representative at
the Court of King Otho. The following are, in substance,
the most important contents of this note :
" The financial situation of Greece occasioned last April, the
re-union of the London Conference, from which emanated four
protocols. During the negotiations the three Powers acted in
concert and in perfect unanimity of views. The Russian re-
presentative wanting sufficient powers, so aeto give his ultimate
approval of such protocols, these latter could not be published,
and were therefore forwarded to St. Petersburgh, there to re-
ceive the Emperor's sanction.
" Since the event of the 3d of September, the King of Ba-
varia has charged the Prince of Wallerstein, with a note to the
London Conference, with instructions above all to keep up a
good understanding with the French and British courts, with
respect to the interests of Greece. In consequence of this
note, the King of Bavaria seemed determined to acknowledge
the representative Government adopted in Greece, because his
Majesty King Otho wrote to his august father, under date
September 25th, stating that constitutional institutions are not
only useful, but necessary for this country. King Louis re-
quested the powers to give their consent, in order that the
rights of the throne might be respected, and the Government
now to be established, strengthened.
" The British and French Governments have decided, in
unison, to give to their representatives in Greece, special in-
structions, suitable to the actual state of the kingdom, parti-
cularly with regard to the workings of the National Assembly.
Sir Edmund Lyons has been charged to communicate such in-
structions in the shape of advices, so as not to be considered as
an outrage to the dignity of the throne, and that of the nation.
France will give to her representative more detailed instruc-
tions. Lord Aberdeen adds—' You will communicate to Go.
vernment, the commanders, and the more influential members
of the National Assembly, the hereunder stated grounds, upon
which the constitutional monarchy is to be founded, that it may
have strength enough to direct the country in the paths of pro-
gress and prosperity. The King will appoint all civil and mili-
tary officers. The national representation will be formed by
two Chambers—one elected by the people, taking property as
a basis for the right of election ; the other chosen by the King
either for life, or hereditary. The Chambers will vote the
taxes and the expenditure of the State. The King will have
the right of proposing laws, and have a share in the framing
of them. The rights of proposing expenses will only belong
to the Government."

his Excellency Sir Charles Motcalfe, Governor-
General of Canada,'has become a Life Member of the British
and Foreign Institute, and transmitted 100/. as a donation
towards its library. The Institute is to be opened by a soirée
on Friday the '2d of February, when his Royal Highness
Prince Albert, the Patron of the Institute, has communicated
his intention to honour the opening with his presence. The
Noble President, the Earl of Devon, will preside.
IIoNG-KONG.—The intense interest and curiosity
which universally prevail respecting our new prospects and pos-
sessions in China are likely to be gratified by the publication of
a series of papers which will be commenced in the February
Number of the New Monthly Maya:ine, written by a gentle•
man who has just returned from the scene of our late triumphs.
The first paper will be devoted, almost exclusively to Hong-
Kong and its vicinity, and will include personal sketches of all
classes of the native inhabitants ; together with most curious
and interesting particulars of the practice and results of opium
smoking ; a description of the various bazaars and public places;
an account of the numerous hands of thieves and pirates which
infest Hong-Kong and the waters in its immediate vicinity ;
the various means and methods of locomotion, the public hotels,
and, in short, a detailed view of all the strange and novel points
connected with this most interesting locality.
EASINGIVOLD.—SINGULAR _NOCTURNAL VISITA •
TION. —Wm. Farmary, an honest and industrious agricultural
labourer, residing at Iluby, near Easingwold, states, that about
a month ago he retired to rest as usual, his wife remaining op
some time time longer, when he heard and felt something like
a cat come upon his bed near his feet. It ascended up his body,
he, thinking it to be the cat, attempted to expel it, and in
fact thought he had done so, but it quickly returned, and some.
times seemed to rest behind his shoulders, until his wife went
to bed, when no cat could be found. The annoyance, however.
ceased for that night. Since that time every care has been
taken of the cat, and yet the poor fellow is subject to the same
nocturnal and unwelcome visitations. The visits have been
regular (with hut one exception) for a month, as soon as
he has got into bed. He states that he has had several mem-
bers of his own family, as well as others, to sleep with him,
and yet the annoyance is the same. Ile removed one night a
mile front borne, but without any relief. The annoyance
generally continues for an hour, and different persons have
watched him while he has described the movements of the
sensation so peculiarly felt on his person ; none can, however,
detect the cause. The family are much alarmed at the eircusn-
stance, and the gossips and superstitious have many and variou
erroneous opinions respecting it in reference to ghosts, witch-
craft, satanical agency, &c. &c. Believing, as I do, that no
effect can be produced without a cause, so believe that there
hit esosfi on
theoffo
rhtit.s
nhetifitreourebaledetr:eoxfpltaih'ne
willro,
kb ecof?o,
ruari,da
se amongsto nt medicale
h o
Rill beer scientific et
the above curious phenomenon. The man is, I believe, 65
The DoLe of DeYonshire arricti4
ryeeaasrosn ionfgapgoel.l'eirns, agoodndi
,Irhena darelt health,
uaten7hodr froi.nrvtofhunel,li ir:ti°4
of
the York
on Thursday evening from Devonshire House. Tha Noble
Duke has not been among the guests of the Duke and D4chesia
of Beaufort, at erroneously stated.

. .
•
POST-OFFICE NOTICE.
THE NEXT MAILS FOR INDIA, &c.
On Monday the General Post-office list had the
following announcements :
" Vigo, Oporto, Lisbon, Cadiz, Gibt'altar,
terranean, and East Indies—The next mail for India,' .I.›
Szc., via Marseilles, will be dispatched hence (General ,
Post-office) on the sth of February. ;-,- -
The next mails for Malta, Cyrieece, the lonian:.Z,i,44
Islands, Egypt, and India, via Southampton, will bet--,% -„,
dispatched hence (General Post-office),.on the morn.•-•.'"
ing of the Ist efFebruary.
" The Pacha sailed on the 18th instant, with alieA: AP
letters for the Peninsula and the Mediterranean,
which arrived or were posted in London up to that
morning inclusive.
" Madeira, Brazils, and Buenos Ayres—From
August to January inclusive, the packet touches at
Pernambuco and Bahia on her outward passage to
Rio Janeiro, and the other six months on her home-
ward.
" America—Hibernia, for the mails of the 3d of
February."