The Sun.
London, England, 1845-12-24 00:00:00

HANGATE V. a ISCOIGNE.

Two very important votes were taken in the House of
Representatives, on Monday, and by very decisive ma-
jorities. The first against rescinding the one hour rule,
the other against rescinding the 21st rule, which, it will
be rememhered, prohibited the reception of any petition
or other papers requesting the abolition of slavery in the
slave states or in the territories of the United States.
The Treasury notes outstanding, December 1, 1845, ,
amounted to 59.2,864 dollars.

MEXICO.
The arrival of the Sea gives us some additions made
to the New Mexican Tariff :
Art. 1. All vessels, of whatsoever nature, that shall be
on terms of friendship with the Mexican nation, notwith-
standing no special treaty of commerce shall have been ra-
tified between them, shall he admitted to all those ports
open for foreign commerce. Their captain or
supercargo, as well as the muniment and cargo of
said vessel, shall be held subject to the prescribed
laws for the collection of duties, and to all penal-
ties existing at the time of their arrival, from the
very moment of their anchorage in the waters of the port
Art. 2. Vessels coming from foreign ports, being
other than national vessels, cannot be admitted at any
other port save that to which they may be consigned.
If they do so (save under the 72d article of this enact-
ment) the vessel as well as her cargo shall be considered
forfeited. All surplusages of cargo over that manifested
will be liable to the penalty of the 84th article, being
considered in the light of contraband.
Art. 3. The following are the ports which are open to
the entrance of foreign vessels :—Gulf of Mexico, Sisal,
Campeche, Tobasco, Vera Cruz, Tampico, Matamoras
(Mateg..rda, Velasco, and Galveston, when they shall
have returned to the obedient control of the supreme
Government. On the Pacific Ocean.—Acapulco, San
Bias, and Mazatlan). In the Gulf of California—
Guayama and Monterey.
Art. 4. In case that any of the above-mentioned ports
shall be occupied by forces not in obedience to the su-
preme Government of Mexico, it shall remain shut, not
only to foreign commerce, but also to coasting vessels,
under the terms provided by,the decree of February 22,
1832.

In this petition the arguments were concluded, and
His HONOUR gave judgment, giving the parties liberty
to file a bill of review on the payment of the costs.
The Court rose at three o'cicelr.

His Honour will not sit again till the 12th of January,
1846, the first day of Hilary Term. The Court sits on
that day at Westminster, at ten o'clock.
(Before Vice-Chancellor KNIGHT BRUCE.)
IN THE MATTER OP THE DIRECT LONDON AND
PORTSMOUTH RAILWAY COMPANY.
An order was made in this case on Saturday for the
payment out of Court of the money paid in under the
standing orders, and the only reason why this had not
already been complied with, was doubt on the part of
the registrar whether it did not clash with one of the
standing orders.
Mr. OSBORNE, now referred to these.
His HONOUR had no doubt that the money might be
paid out of Court immediately.

COURT OF EXCHEQUER, Dec. 23.
(Sittings at Nisi Prius in London, before theLonD CHIEF
BARON and a special jury.)
LAMERTE V. HEATH.

BANKRUPTS.
Thomas Winston, merchant, Coptball-buildings, City, to
surrender Dec. 30, at half-past twelve, and Feb. 6, at two,
at the Court of Bankruptcy. Belcher, official assignee ;
Crowder and Maynard, Coleman-street.
Elizabeth Rolph and Thomas Rolph, builders, Upper Brook-
street, Grosvenor-square, Dec. 31, at half-past eleven, and
Feb. 4, at two, at the Court of Bankruptcy. Bell, official
assignee, Coleman-street-buildings; Huson Ironmonger-lane.
Felix Herpent, warehouseman, Sherrarci-street, Golden-
square, Dec. 31, at two, and Feb. 4, at one, at the Court of
Bankruptcy. Johnson, official assignee, Basinghall-street ;
Raw, Furnival's Inn, Holborn.
Joseph Howard Rand, glass dealer, Westminster•bridge-
road, Jan. 3, at eleven, and Feb. 13, at twelve, at the Court
of Bankruptcy. Green, official assignee, Aldermanbury ;
Buchanan, Basinghall-street.
James Miller, cordwainer, High-street, Southampton Jan.
6 and Feb. 3, at eleven, at the Court of Bankruptcy. Groom,
official assignee, Abchurch-lane ; Overton and Hughes, Old
Jewry.
Thomas Brown, shoemaker, Paddington, Dec. 30, at one,
and Feb. 3, at eleven, at the Court of Bankruptcy. Graham,
official assignee, Coleman-street; Buchanan, Basinghall-
street.
Sarah Caroline Fry, stationer, Margate, Dec. 30 and Feb.
3, at eleven, at the Court of Bankruptcy. Turquand, offi-
cial assignee, Old Jewry-chambers; Fisher, Verulam-build-
ings, Gray's Inn.
Esther Smith, innkeeper, Southwen, Nottinghamshire,
Jan. 9 and Feb. 2, at eleven, at the Birmingham District
Court. Christie, official assignee, Birmingham; Shilton and
Son, Nottingham.
Clarendon Hyde, apothecary, Loughborough, Leicester-
shire, Jan. 5 and 26, at eleven, at the Birmingham District
Court. Whitmore, official assignee, Birmingham; Ingle-
sant, Loughborough; Foulkes, Birmingham.
William Brown, ironmonger, Atherstone, Warwickshire,
Jan. 5 and Jan. 26, at eleven, at the Birmingham District
Court. Bittleston, official assignee, Birmingham; Morgan,
Birmingham ; Chilton and Co., Chancery-lane, London.
John Sier, baker, Cheltenham, Jan. 15 and Feb. 12, at
eleven, at the Bristol District Court. Miller, Bristol ;
Oliver and Co., Moorgate-street, London; Stiles, Cheltenham.
George Smith, bill broker, Manchester, Jan. 5 and 28, at
twelve, at the Manchester District Court. Pott, official
assignee, Manchester ; Fox, Finsbury-circus, London ;
"Worthington, Earle, and Berry, Manchester.
Joanna Chatterton, licensed victualler, Pendleton, Lanca-
shire, Jan. 2, at eleven, and Jan. 22, at twelve, at the Man-
chester District Court. Ilobson, official assignee, Manches-
ter; Johnson, Son, and Weatherall, Temple, London; Hitch-
cock, Buckley, and Tidswell, Manchester.
William Wingfield, brewer, Rotherham, Yorkshire, Jan.
8 and 27, at eleven, at the Leeds District Court. Young,
official assignee, Leeds; Hudson, Bucklersbury, London;
Robinson, Rotherham ; Bond, Leeds.
Joseph Collinson, worsted spinner, Allerton, Yorkshire,
Jan. 8 and 27, at eleven, at the Leeds District Court. Young,
official assignee, Leeds; Scargill, Hatton-court, Thread-
needle-street, London ; Dawson, Bradford ; Harle, Leeds.
DIVIDENDS DECLARED.
J. and W. Campion, shipbuilders, Whitby, Yorkshire—first
and final div. of Gs. 7d. and 10-16ths of a penny in the pound
to those creditors who have not formerly received, and a final
div. of 2s. 7d. and 10-16ths of a penny in the pound to those
who have received, on any Tuesday, at the office of Mr.
Kynaston, Leeds.
J. Campion, shipbuilder, Whitby, Yorkshire—final div. of
3s. 1 Id. in the pound, on any Tuesday. at the office of Mr.
Kynaston, Leeds.
R. Campion, banker, Whitby, Yorkshire—first diva of
3s. 9d. in the pound, on any Tuesday, at the office of Mr.
Kvnast on, Leeds.
F. Loraine, bookseller, Newcastle-upon-Tyne—second cliv,
of 3s. in the pound (in addition to ss. 53. previously declared
OR any Beitude, Baker's office, NeWeastle-upon-Tyne.
J. Bowden, 'confounder, Wakefield, Yorkshire—first div.
of 4s. 6d. in the pound, on any Tuesday, at the office of Mr.
Kvnaston, Leeds.
J. and S. Sugden, cloth manufacturers, Huddersfield—
first and final div. of 10s. 7d. in the pound to those creditors
who have not formerly received, and a final div. of 7d. in the
pound to those who have received, on any Tuesday, at the
office of Mr. Kynasten, Leeds.
W. J. Wardell, wine merchant, Pickering, Yorkshire—
first and final div. of 4s. 9d. in the pound to those creditors
who have not formerly received, and a final div. of 9d. in
the pound to those who have received, on any Tuesday, at the
office of Mr. Kynaston, Leeds.
T. Paterson and J. Codling, earthenware manufacturers,
Sheriff-hill, Durham—first and final div. of 63. 9d. in the
pound, on any Saturday, at the office of Mr. Wakley, New-
castle-upon-Tyne.
W. H. Bates—a third div. of 6d. in the pound, on any
Thursday, at the office of Mr. Christie, Birmingham.
B. B. Wilson, surgeon, Holme, Westmoreland—first and
final div. of sd. in the pound, on any Saturday, at the office
of Mr. Wakley, Newcastle-upon-'Tyne.
T. C. Smith, hotel keeper, Heanetta- street, Covent-garden
—first div. of 20s. in the pound on any Wednesday, at the
office of Mr. Whitmore, Basinghall-street.
T. C. Smith and R. Hayes, hotel-keepers, Henrietta-street,
Covent-garden—first div. of 9s. 6d. in the pound, on any
Wednesday, at the office of Mr. Whitmore, Basinghall-street.
J. P. Bradley, wine merchant, Great St. Helens, City—
first div. of 6s. 2d. in the pound, on any Wednesday, at the
office of Mr. Whitmore, Basinghall-street.
J. Brooker, carver and gilder, Southampton-row, Blooms •
bury—first div. of ls. in the pound, on any Wednesday, at
the office of Mr. Turquand, Old Jewry.
DIVIDENDS.
At the Court of Bankruptcy, Basinghall-street.
N. B. Clarke, plumber and glazier, Gower-street North,
St. Pancras, Jan. 15, at half-past eleven—C. Jarman, tailor,
West Smithffeld, Jan. 16, at eleven—J. F. Armstrong, coal
merchant, Staffordshire-wharf, Greenwich, Jan. 16, at eleven
—C. F. Warman, glass dealer, Hounsditch, Jan. 15, at half- '
past twelve—W. Barnfield, jun., wine merchant, Mark-lane,
City, Jan. 15, at half-past eleven—H. R. Harraden. print-
seller, Cambridge, Jan. 15, at one—J. Robbins, bookseller,
Winchester, Jan. 13, at half-past eleven—J. Middleton,
hay and straw salesman, Jan. 15, at eleven—G. M. Von
Dadelszen, merchant, Mincing-lane, City, Jan. 15, at eleven
—T. Hodsdon, butcher, Harrow, Jan. 13, at at half-past two
—T. .1. Sutton, master mariner, Scarborough, Jan. 16, at
twelve—J. Peake. miller, Tolleshunt Knights, Essex, Jan. 14,
at twelve—W. H. Alexander, hardwareman, Upper Clifton-
street, Finsbury, Jan. 14, at twelve—T. Smyth, perfumer,
Marebmont-street, Brunswick-square, Jan. 14, at eleven—
H. S. Knowles, silk throwster, oolham, Somersetshire,
Jan. 14, at eleven—A. Akehurst;baker, East Mailing, Kent,
Jan. 14, at twelve—C. Best, printer, St. James's-walk,
Clerkenwell, Jan. 28, at twelve—G. F. Blow, currier, Great
Dover-street, Newington, Jan. 14, at half-past two—J.
Wartnaby, underwriter, Adam's-court. Old Broad-street,
City, Jana 16, at half-past' eleven—J. Tunks, cowkeeper,
Newlands-terrace, Kensington, Jan. 16, at half-past
eleven—J. Tomlin and W. Man, merchants, St. Michael's-
alley, (7ornhill, Jan. 16, at one—W. Burleigh, scrivener,
Ha,verbill, Suffolk, Jan. 15 at one.
In the Country.
G. Grove, miller, Wick and Abson, Gloneestertershire,
Jan. 15, at twelve, at the Bristol District Court—P. W.
Smith, tanner, Bristol, Jan. 15, at eleven, at the Bristol
District Court—J. Lilly, farmer, Brinepitts, Worcestershire,
Jan. 22, at eleven, at the Birmingham District Court—E.
Rogers, surgeon, Great Witley, Worcestershire, Jan. 21, at
eleven, at the Birmingham District Court.
CERTIFICATES to be granted, unless cause be shown to
the contrary, on the day herein mentioned.
J. funks, cowkeeper, George-place, Newlands-terrace,
Kensington, Jan. 15—C. Draper, licensed victualler, Bishops-
gate-street Without, Jan. 15—H. Wood, draper, Cheltenham,
Jan. 15—T. Thompson, biltbroker, Northampton, Jan. 16—
W. G. Flynn, merchant, Lower Thames-street, Jan. 18.—J.
P. Luxton, linendraper, Muuster-street, Regent's Park, Jan
15—G. F. Blow, carrier, Great Dover-street, Newington, Jan.' THE ALLEGED MURDERS ON
14—W. R. Parsons, grocer, Limehouse-causeway, Lime- THE HIGH SEAS.
house, Jan. 14—J. Phillips, tailor, Pinner's-court, Old Broad- ADJOURNED EXAMINATION OF CAPTAIN
street, Jan. 14-11. Liptrot, bootmaker, Wrexham, Jan. 13 JOHNSTONE.
—E. Meredith, linendraper, Liverpool, Jan. 13—J. Lilly, Yesterday the examination of George Johnstone, the
farmer, Brinepitts, Worcestershire, Jan. 21—T. Preston, jun.,
cottons pinner, Manchester, Jan. 13—J. Crabb, hemp. mums- Reason, and Mars, and also
facturer, Hook-mills, Dorsetshire, Jan. 12—P. Hansen, mer-
chant, Newcastle-upon-Tyne, Jan. 13—J. H. Limes, butcher,
the crew, was resumed yesterday, at
was, 148 at the Thames Police-
Richmond, Surrey, Jan. 13—F. Ridd, surgeon, Nether S towey, court, at half-past twelve o'clock. The Court _
Sometsetshire, Jan. 13.
PARTNERSHIPS DISSOLVED. listen to the revolting particulars of this most extraord
usual, filled with parties eager to see the prisoner, anid..
J.:Jones and W. Chalfont, stationers, White Hart-place, nary case, while a considerable crowd was collected
Kennington-lane—T. and T. S. De Veer, curriers, Lisle- outside.
street, Leicester-square—H. S. Easty and W. Williams, Mr. Humphries, as before, watched the case for the
tphriesTonreeras;uMry,r.allppaeyawreadrdf,
sharebrokers, Southamptou—W. W. Brookes, J. Lee, and W.
L. Brookes, attorneys, Whitchurch, Shropshire--C. Den ton
and J. Serjeant, stone merchants, Quebec-wharf, Rotherhi the Tl
—T. W. and J. B. Woolfe, boatbuilders, Lower Shadwel the
assisted by theofficers attendance, and appeared
The prisoner, on being brought into the dock, had to
E. and S. Penton, Lupus-street, Pimlico—G. P. Kenwortlay,for
rletirlke tporoMserc.uNtlioanul.e, solicitor to
J. Kenworthy, and C. E. Kenworthy, carriers, Manchester very depressed.
(so far as regards G. P. Kenworthy)—H, Eastwood and J. Mr. Hayward said he proposed to call some additional
Richardson. earthenware manufacturers, Woodlesrord, york... evidence to the cases already taken. He had some to
shire—C. Herring, J. Burness, G. Herring, and A. Herring, offer in the first case, but that he would leave just then,
general agents, London—T. and W. Hallam, leathersellers, and go into the second, the death of Reason, to which
Northampton—T. H. Crowther and J. Ash, jun., cotton spin- he would add a little. Though three witnesses had been
ners, Stockport—J. Whitehouse and E. Whitehouse, seri., exstmined respecting that death, one, Barry Telverton,
garden-tool manufacturers, Wolverhampton—R. Riddle and was in the cabin at the time. That witness he now pro-
R. Birkin, lace manufacturers, Nottingham—J. Lewis and J. posed to call.
Smith, locksmiths, Birmingham—J. and J. W. Hendy, Jesus-
ral builders, Portsmouth—J. Bevan, N. Iron"' and R. Be-ran,
Barry x eiverton was then calledca at the time when Reason was called down. I
,
and said—l was in
provision merchants, Birchin-lane—G. and T. Burford, lit sen-
the bin
drapers, Stratford—H. Rawsthorn and B. Ellston, i ron- saw the captain stab him with a bayonet. Ho expired
founders, Hasling-den, Lancashire—J. C. Gamble, J. an. IS. about five minutes after. The captain stabbed him
Crossfield, alkali manufacturers, St. Helens, Lancashire. twice on the left breast. The captain exclaimed at the
SCOTCH SEQUESTRATIONS. time, " Here's the saw that slew the vine before the
Peter Allan, agricultural implement maker, Coldstm un, battle of Bannockburn." This was a saying of his
Jan. 2 and 23, at twelve, at the Newcastle Arms Inn, Co ld- which he often used. While the captain was pitching
stream.
Reason about, before stabbing him, the latter cried,
John Mackenzie, coal merchant, Dingwall, Dec. 29 at id Spare me I Spare me 1" I was in the cabin all the
San. 19, at one, at the Caledonian Hotel, Dingwall.
time. The captain had been drinking all the day.
David Prince Miller, theatrical ornament nesuareeturce
to
ODERIP—Did the- captain :all
Aria:;Glasgow, Dee. 25 and Jan. 1.5, at twelve, at the chambers se! Mr. Bh
transactions occurred. Till he got the wipe ft much during the voyage ? Witness—Not till these
ota the
Strathern and Douglas, Glasgow.
John Bendelow, innkeeper, Leith, Dec. 29 and .Jan. 22, at
Oro, at the Old Ship Tayern, Leith. /Wrench barque he did not appear to drink much.
r.

This was an action on the case brought to recover back
a sum of money paid in respect of certain shares which
subsequently turned out to be fictitious, to which the de-
fendant had pleaded, denying his liability, and upon this
plea issue was joined.
Mr. Jervis, Mr. M. Chambers, and Mr. Woodstock
appeared for the plaintiff; and Mr. Martin and Mr. Mills
for the defendant.
The plaintiff was the well-known dentist, and an ex-
tensive share speculator, and the defendant a share-
broker and a member of the Stock Exchange. The ac-
tion was instituted to recover 432/. 103., which the plain-
tiff had paid to the defendant for 280 shares in the Kent-
ish Coast Railway, but the scrip certificates for which
shares subsequently turned out not to be genuine, It
would appear from the evidence. that the Kentish Coast
Railway first originated in 1844, with Mr. Curling,
a solicitor, who induced Sir John Ayre, Mr.
Daniel, the chairman of the Blackwell Rail-
way Company, and several other gentlemen well
known in the City, and of unimpeachable character, to
allow themselves to be published to the world as the
provisional committee of the undertaking, and it na
turally ensued that the application for allotment of
shares in the project were exceedingly numerous. The
shares were allotted in due course, but only a few of
them were paid upon—indeed, only some 800/. upon
603 shares—and the result was, that a meeting of the
Directors was convened, and a resolution come to, that
the scrip should not be issued ; but, at the re-
quest of Mr. Curling, the originator of the
project, the Directors abstained from dissolving the
Company, or rather agreed to rest upon their oars till
the Board of Trade reported upon the line, the plans
having been made and deposited as previously agreed
upon, at the expense of Mr. Curling himself. In the
meanwhile, however, some of the Directors learned, to
their great astonishment, that the scrip of the Company,
which ought to have been signed by two of the acting
committee, had been issued by Mr. Curling and Mr.
Richardson, the secretary, signed only by the latter, and
was actually being largely dealt in upon the Stock Ex-
change. This circumstance, conjointly with an adverse
report of the Board of Trade, led to a second
meeting of the Directors, and at this meeting it was
resolved to repudiate the scrip issued by Mr. Curling,
upon which the deposits had been paid directly to the
Secretary without passing through the hands of the
Company's bankers, to refund the 800 L paid in the usual
and proper course upon the 603 shares before alluded to,
and to put an end to the Company altogether.. Now,
the plaintiff had purchased shares of the defendant in
this Kentish Coast Railway, but it afterwards turned
out that the scrip certificates delivered by the defendant
for these shares were portions of those repudiated by the
Directors, which, becoming worthless upon the formal
dissolution of the Company, the plaintiff determined to
bring the present action to recover back the amount he
had paid to the defendant for the shares, as money had
and received.

Mr. MARTIN, in his address to the jury for the de-
fence, said the case involved a question of considerable
importance, which had never yet been before the Courts,
namely, what was the extent of responsibility a jobber
upon the Stock Exchange incurred in selling scrip
certificates for railway shares. He apprehended and con-
tended that he incurred no responsibility at all, because
the certificate itself contained no contract, and the
broker warranted nothing beyond the signature to
the certificate. With respect to the solvency or likeli-
hood of the scheme being carried out, he had nothing
whatever to do, for the purchaser had the same means
as the broker himself of ascertaining the prudence or
imprudence of a purchase. The question was one of
law, and for the Court to decide; but there was a second
question in the case, which the jury would have to de.
cede, namely, had not Mr. Curling, in issuing these cer-
tificates, acted as the servant of the Directors, and were
they not bound by them, and liable to refund the plain-
tiff the money he had paid for them?
The LORD CHIEF BARON, in summing up, said a stock-
jobber was liable in the same way as other parties who
bought and sold. There was no mystery in dealing in
shares any more than there was in dealing in cotton. A
man bargained to buy cotton, the vendor was bound to
deliver the same, and that was the case with shares.
For instance, if a man bargained to buy a cask
of brandy, which had passed through many hands,
and it subsequently turned out to be water, it was no
defence to say, " The dock company delivered it as
brandy, and you must recover from them." All the
cases in the books supported this view, and the only
question the jury had to decide was, whether the shares
delivered by the defendant to the plaintiff were the shares
of the Kentish Coast Railway or not.
The jury, after retiring for upwards of two hours and
a half, returned a verdict for the plaintiff.

DEBNEY V. DERCONZI.
How TO GET UP A JURY.—OR this cause being
called on,
Mr. HumrnEr rose, and said this was a special jury
case, but the jury had only been struck, and not sum-
moned. He was, therefore, willing to try the case with
a common jury.
Mr. Mau:llN said, at that advanced hour of the day
he should certainly object to such a course.
The summoning officer intimated, with the view no
doubt of saving time, that there was not a common jury
present.
Mr. HumFaxv said he would get rid of that difficulty
by praying a tales, and moving that the Sheriff do make
an immediate return of jurors,
Whereupon a long discussion ensued as to the legality
of such a course, but his Lordship ultimately decided that
it was legal, and the sheriff's representative immediately
made up a jury by insisting upon the twelve indi-
viduals in the body of the Court who were nearest to
him entering the box, whether it- was agreeable to
themselves or not.

Mr. MARTIN, being still anxious that the case should
not be disposed of at that period of the day, offered to
allow the venue to be changed, so that the case might be
tried on the first day of next term.
Mr. HUSIFRET declined to accede to this without the
defendant paid the costs of the day.
Mr. MARTIN said he would consent to no such pro-
posal, but, if the case were proceeded with, he should
throw every obstacle in its way, and take every possible
objection to the proceedings. In the first place, he
would have the jury sworn individually, and he should
object to those who were not qualified to serve.
Several of the gentlemen who had been so precipi-
tately hurried into the box were found not to possess a
single qualification for jurymen, and now the sheriff's
representative evinced as much eagerness to drag them
out as he had proviously done to push them in, and,
with unblushing effrontery, told them they ought to have
known better than enter the box without any qualifica-
tions. After a good deal of bustle this courteous func-
tionary succeeded in scraping together a jury, and the
case was opened nearly three-quarters of an hour after it
had been first called on.