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

GERMANY.

It is said that Marshal RADETSRY 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,
ZENBERG, who seems to have' been guided
by the Ban JELLACHICII until the arrival of RA-
DETSK Y ; 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.

-----
THE EXPLOSION 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 the'r rooms, three second mates, and two
sailors. Of two second mates, badly wounded, one has since
died. Twelve sailors were 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 el:;ewhere than in the powder magazines.
A sullen wise man is us bad as a good-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 coot's Journal,

ATROCIOUS ATTEMPT TO BLOW Ur A Sun. of
WAn.—Advices received by the IN, est India mail acquaint
William Muir, gunner's mate of her Ma-
us with the fact that on the 24th of August, 1850, in lat. 28
being x:epranandtd for neglect of duty,
fire, lit a stow match, and was disco-
veredjSe.s,tyl,2s 6
s.l2l3ip,Vv s".l„vift,
weilt
to
oy
thethegalley
corporal of Marines in the act of entering the
magazine, with the intention of blowing up the ship 1 Muir
was kept in irons till his arrival at 'Valparaiso, when he con-
trived to make his escape—how is not stated.

CHANCERY._(THIS DAY.)
MALCOM V. SCOTT.
The firlher arguments in this tart-heard apreal were
resumed this morning. The case cam° before his Lord-
up:m appeal from the decision of the Vice•Chan-
celtur
Wigre.al. The case came before his Honour a
eoldddrrahle lime since upon a bill filed by George,
Malcom and Co., of Liverpool, azainst Scott, Bell, and
Co., of London, for an account of the produce of eenh•
sigements made by Adam end Co, of Calcutta, on whic
• trey had a lien for a lac of rupees. In March. 1841;
the Calcutta house directed the London house to bold
a lac of rupees out of the consignments made to them
for the credit of the Liverpool house, and they informtal
the Liverpool house that they had given the order. The
Lmdon house also apprised the Liverpool house of the
order, but at the same time informed them that the
Ca'cutta house had overdrawn their account, and that
the honouring of the order must depend on the val" of
the consignments. The Calcutta house afterwards with-
drew the order before anything was paid. and subse-
quently became bankrupt. The bill was filed for an ae'
count of the transactions between the London and the
Calcutta house, and of the amount of the consignments
up to March, IS-13. On the cao3 coming before the Vice
Chancellor Wigram he directed a reference to the.
Master t) take the account", sod an apPeel wa
brought from that decision before Lord Cottenhatn, who '
'
was the Chancellor. Upon that occasion Lord Cotten*
-e.
ham that •
ehere was a contract, by which the partle,.e
admitted they..
were bound, but what was the true react
oii
If) d,;vehr
what that
et
customroen . Tv,h,aes,Caenudr thheatdh
on
ing of that contract depended very much on the custom
was not in
t
is power to come to a sound conclusion on i" effe'led
tuitff!tiblrhoeu4l:hatdanthaecotipuninaiogn of a mercantile jury. lie shoo'
m!hcantttshferyomrectehievehtte
therefore order that the matter stand. over until the plel°-
uogmhteaitns of
knout"
the period 1/!
question. Thus matters remained till the present Lorcal
ionaridcnesartl,,
et
and
Calcutta
et
during
ntahgnetys ohnad
consign' admissions
Chancellor was appointed, and now the parties ape
from the original decision of Vice-Chancellor Wigraw.
The arguments occupied the Court the whole viorcivk

ROLLS' COURT.—(THIS DAY.) 5
his Lordship the Master of the Roll,: heard motions
again to-day, but nothing of interest took place.

VICE-CHANCERY.—(THIS DAY")
(Before the Vice-Chancellor KNIGHT BRIJ")
JORDAN V. UPToN.
The further arguments in this part-heard case were
resumed, and occupied the Court the whole IllOrtlink
(3f fore the Vice-Chancellor ROLFE.) T„
His HONOUR having dispoEed. of the cor
Dixon's Trust," which stood on the paper for pap
-
:he further arguments in the part heard case of
BALG UY V BROADHURST.
were resumed. The case came before his lionour 013°11
• xceptions. The bill was filed for the purpose of chill.;
,ng a trustee with the sum of 8.0001., which a "ibis
covenanted by his marriage settlement to settle on d
wife. The money was never settled, and it was all'ge
oy the hill that this was the fault of the trustee. 11,
The arguments occupied the Court the whole moral

QUEEN'S BENCH.--(THIS DA, 17c)s
(Sittings in Banco, before Lord CAMPBELL and dilS" Ce
COLERIDGE and ERLE.)
THE QUEEN V. THE INHABITANTS OF BILSTON"
JUDGMENT. big •
Lord CAMPBELL gave judgment in this 051 „tel.
morning. H4e said this was a mandamus to the 0003-
wardens and overseers of the parish of Bilstorit c°•
raise
mending them to make a rate in order to --ng
a sum of 600/, for the purpose of enlarging
a chapel within that parish. During the arglimita. t
he (Lord Campbell) bad expressed a strong desire 1-b-iis
~he Court might be able to support the preeeedi,nbges; ites:
he was sorry to say that that appeared altoge,
possible, for there were two fatal objections. Thee,,queo
tion depended principally on the interpretation 0. - °deep;
111., c. 45, sec. 49, e hich empowered the churchvnir of
and overseers of any parish, with the approbation no
he vestry, to raise by means of a rate such 301 of
shculd be necessary for defraying the exPeT,Leti 0
enlarging or otherwise extending the accommeu;;;h:re
of churches or chapels in such pariih. Howeverf,' 7400
were two objections to that; and one was, that P'„na
.as not a parish within the meaning of the Act; "tor
the other, that the condition of the consent of the ved
"as not complied with. It appeared to hire (Lireth
Campbell) that Bilstm was no a parish; bliti.°o of
contrary, was within and parcel of the parish
as
Wolverhampton. Up to the year 1753 there :erent
a cemetery at Bilsten, and marriages had l'far
.:01cmnised there previous to Lord Hardwick's
riage Act, but it was still only a ebtlPen;.cl
within the parish of Wolverhampton. The suPP:ned
proof of the consent of the vestry having been obtel,
-earned entirely to have failed. On the 4th of Jelii,
1525,. there was a meeting at Bilston, when a res°l4
eon was come to that the 5401 offered to be leD'ing
the Society for Promoting the Building and Felarl I
of Churches, should be accepted, and that the et—no'ille
hculd be enlarged. It was also agreed that the",„-dc•
.hould be repaid by means of a rate, and that a% this
ficiency was to be made up by the sale of 40 pews. bit
was not Confirmed by the consent of the vestry. Ovf,„urt
we objections, which appeared to be fatal, the o
were obliged reluctantly to discharge the rule le'
mandamßule discharged accordingly.
„
THE QUEEN V. THE CALEDONIAN RAILWAY COp 242.—
"t

JUDGMENT.
Lord CAMPBELL said this was a•mandamus to to
ledonian Railway Cotnpsny, commanding th,,m to ,c° of
olev: a cert.:in bridge over their railroad in the 01):c.
Car;i le, ra by law they were bound to 'do,and
cording to the plans and cross s,-ctions derosit a.
with the Clerk of the Peace for the county of CoOL".0
and. Thin bting a p,::Tt.,mptory mandamus. is 131;ed
he prosecutor to show that all that had been cotoo.rs-cos
y the mandamus was a duty itupoi‘el by law. ote
ovees!,ary to show that there was an otiligstion —tioa
ho road in question according to the rates of itaalihnd" tbe
delineated in the plans and sections deposited With
of
of
Clerk of the Peaco. He thought that the 9th sPatilA)-„
he 9.h and 10:h Viet., c. 269 (the Supplemental "rio‘.
:which had been relied on, die nut apply to rates tecl
-linntion, but only to the heights and spans &lin" of
on the plans and sections. The Court was therefor; be
opinion that that part of the mandamus could flue e
~ustained, and therefore judgment must be fur,
defendant.—Judgment for the defendant accordioo

EXCHEQUER CHAMBER.
(Tills DAY.)
CRIMINAL APPEALS.
(Before the LORD CHIEF BARON, Mr. Justice ~IOOD,
MAN, Mr. Justice WILLIAMS, Mr. Justice I'ALFO—
Mr. Baron MARTIN.)
THE QUEEN V. FARRELL. ,ater
In this case, which was tried at the Maidstone Quilar
Sessions, the defendant, who was a sergeant in t" of
goon Guards, was convicted for disrbeying the v"r"„- vi•
g
of a justice of the peace, ordering him to c°-1
Or
bute to the support of his illegitimate child,
ment was respired, in order that the opinion of $
Court might be taltrn as to the legality of imprisoning
soldier on a charge of this nature. ~v to
Mr. WELSBY, who was instructed by the Trcosn'inns
but J
appear on the part of the defendant, stated that
nilibe
Kennard had a child by the defendant in 1845, ineer
was ordered to pay is. 6d. a week for its maintenr—r
but having disobeyed the order, he was indicted t°
misdemeanour, arid found guilty. The Learned C°111;let
contended that, by the Mutiny Act, no soldier in in..
‘lcj-sty's service could be indicted for refusing t°.„sitte.
--ain his wife or child, whether legitimate or illegit3l7not
The object of that Act being, that the Queen should
be deprived of the services of any soldier, excer :ad
criminal charge, or for a civil debt exceeding 301,
050
the present case did not come within either of 111
classes.—The Court deferred their decision.

BAIL COURT.—(Tins DAY.) ,
(Sittings in Banco, before Mr. Justice PaTTEs°l4'l
CUMMING AND ANOTHER v FRIsLEY•
Mr. LUSH applied to the Court for .a
rule nisi, °alliv!.
upon two of the justices of Cambridge to show c„,1111:11
why a writ of prohibition should not issue to St:J
further proceedings in this case. This was ea
Lion filed against the defendant under the Small h",,ede-
meuts Act to recover possession of a cottage. J'c'seci
fendant had occupied the cottage for forty..two Ypeern; If
not paid any rent for the last twenty yesrs. He was 101c—ttettr.e,
in the service of a Mr. Cumming, to whom the e°,eai'l
originally belonged, and who died about twelve ;1 tic'
ago. The two complainants claimed under this; finfisur
man, but in the evidence which they produce `,thieg
port of the information they failed to establish 00-7,"„ecv
like a title. The Act authorising the maistrateasses
Certain matters of this nature only
between landlord and tenant, where there was contemplated uer
tion or dispute as to title. Now, here the allege" ",-Ijardo
having occupied and repaired the premises for uP",:eet,
of twenty years, without being called upon to PaY
was in a situation to dispute the title, and the Pr°—
ings before the magistrates were therefore a nullity
Application granted.
yr, AT'
QUEEN V. LONDON AND NORTH-WESTERN 11.317,p011
In this case a rule nisi had been obtained, eallie„„g, -do;
the Recorder of Liverpool to show cause why a .""--,4131 01
mus should not issue requiring him to hear an ell Pen-any
the London and North-Western Rjilway C°,e3r,;ear
against a poor-rate. The company wore rated Ole ius-
for the parish of Liverpool, according to the a" ?sea
tion of their property that was made last Year' the
against this rate they appealed, on the ground au° (lie
assessment was excessive. The Recorder, how
°f
posed of the appeal by ruling that the „ the
liament required that parties should be rated ellel the
net profits of the preceding year to that in wille ,vi-
rate was collected, and he therefore refused to hell. coy
dente upon the allegation that the assessment waet.oo,
cessive. This was held to be a declining ofjurisdie I__
bymMr. Justices
d
r. rsatiSclell iy,
and the present rule was obtained and afterwards argue
AT"T'EI
sAocr.
nCor,ovmpton.
niota was that the dismissal of the appeal was not
ing of
elining of jurisdiction, but a deekion tipeu th"heur,,, the
the appeal, and entertai,,ing the :sine oPiaten - idea
rieo.v,n g
Learned Recorder, that the ut r..ifittment
that the assessment should be =ale ca the vstt,t:sirc;
he
judgment.
tl,.e prf,cedir,g thou:.7ht thvre 1.71.3 n tfie
and
for 7eing into the cpe,tion'of excessive rating,
rule must be dismissed.—Rele discharged accordiebb

A Y.)

SECONDARIES:—(THISD
(Before Mr. Secondary POTTER )
A BAD SPECULATION.—The
BOYES V. .TUCKES.
. Wood
a wine merchant and bo irding-house keeper, cf f
street, Cheapside, who sought to recover the' 0
157/. 99. 7d. on two bills of exchange and interest.
Mr. JOYCE, who apptared for the pbintilr, said def'n:
dant had suffered juolg:nent to go by default, but IleVre
plaintiff in tbi 3 fiCtiOti iS
theless he (Mr. J.) would show the consideration.
eit'.
appeared that defendant was the patentee° of all iillthe
Lion, from which he held out delusive hop 0 r"