The Sun.
London, England, 1845-02-14 00:00:00

THE SUN, LONDON, FRIDAY MORNING, FEBRUARY 14 1845.

commend it on the present occasion, and they have no
doubt that the Proprietors will concur in their views. The
receipts in the second half of every year being invariably
more than in the first half, a proportionate allowance must
be made for the difference. Reductions were made in the
Company's rates on the let of October last, as the Pro-
prietors are aware, which, for the passenger traffic only, were
equal to 111 per cent. on the receipts, and a large increase
of business (as apparent from the statements appended to
the account) was the result. Now, although the extent
to which this increased traffic may compensate decreased
rates, must for a time be problematical, the Directors, judg-
ing by what they had already ascertained, will probably be
induced to make further redactions, for the two- fold object of
securing the existing traffic, and of giving that extension to
it which charges, modified with a consistent regard to public
requirements and railway resources. are calculated to pro-
mote. But as the necessary tendency of every change eat Me
nature is to diminish, in the outset, the amount of earnings,
the Directors feel that without a sufficient reserve of profits to
compensate a possible defalcation of income, they might in-
cur the risk of lowering the present rate of dividend, and of
thereby depreciating the credit of their stock. They may
also observe, that loans which were raised on the security of
the 32/. shares, to the amount of 576,000/., will fall due in
July and January next, and must be provided for by calls of
81., and 61., at corresponding periods,—and that, as the Com-
pany will then cease to deduct interest at 5 per cent. from
dividends on the portion of the shares thus to be called for
a corresponding addition will be required in the sum to be
divided on the profits of the next ensuing half-years. Thus,
if the present position of railway interests were not of itself a
powerful inducement for reserve in the division of profits, the
circumstance to which the Directors have adverted would
afford a sufficient motive. With reference to the prob.
posed reduction of rates, the Directors are engaged in
carrying out arrangements with the several lines in con-
nexion with the London and Birmingham, for the division
of their respective rates, on an equal mileage principle. Re-
ferring to the various lines in progress, or projected, which
the Compaany are interested in; namely :—Acts obtained-
1. Warwick and Leamington ; 2. Northampton and Peter-
borough ; 3. Lancaster and Carlisle ; 4. Chester and Holy-
head. Acts to be applied for-5. Tring, Worcester and
Dudley, and Rugby and Oxford ; 6. Trent Valley ; 7. Bed-
ford and Bletchley ; 8. Dunstable and Leighton; the
Directors are enabled to report that the Warwick and
Leamington line was opened on the 9th of December, and
than the traffic, short as the experience of the working of
the line has been, more than equals their expectation. The
advanced state of the works upon the Northampton and
Peterborough line, bids fair to justify the anticipations of the
Directors that it will be opened in the spring, six months
before the period assigned for its completion by the engineer ;
and it will be satisfactory to the Proprietors to learn that,
whilst the cost has fallen short of the estimate, there is no
reason to doubt but that the traffic will be found to equal it.
The reports of the progress making in the Lancaster and
Carlisle line, and its prospects, continue to be in every
respect satisfactory. The negotiations connected with the
Chester and Holyhead line, which were pending at the date
of the last meeting, terminated in the acceptance of an
offer from the Treasury to pay 30,0001. per annum for
the performance of the Post-office service, and official
information has been received that the works of the Holy-
head harbour will be immediately commenced. The Board
of Trade have announced their intention to report in
favour of the Tring, Worcester, and Dudley, and Rugby
and Oxford line, and against the rival projects. Thus
sanctioned by the Government Board, and strongly advo-
cated by parties representing the great manufacturing
and mineral interests of the district, who decidedly-
prefer the lines promoted by this Company, the Bill will be
presented to Parliament under the most favourable auspices.
The Directors having agreed to lease in perpetuity a line
from Dunstable to Leighton Buzzard, at an annual rent of
41. per cent. per annum on the capital of 50,000/., and an
equal division of profits, the sanction of the Proprietors to
the arrangement will he required. With the view of obtain-
ing the most direct line between London and Manchester,
overtures have been made simultaneously to this Company
by the Directors of the Manchester and Birmingham, the
Trent Valley, and the Churnet Valles, Companies, for such
an amalgamation of the interests of all parties as might best
effect this object, and, at the same time, most completely
secure the uninterupted and economical working of the traffic
between Manchester and London. The Directors of this
Company felt themselves bound to give their most careful
consideration to proposals of so important a nature, and
being satisfied of the great public benefit to be derived
from their adoption, and persuaded also that it is the interest
of this Company to give every possible facility for the accom-
dation of so great a traffic, they accepted (subject to the sanc-
tion of the Board of Trade) the proposals of the three Com-
panies before-named, which in effect aro as follows :-
1. Manchester and Birmingham.—That at the end of
three years, the Manchester and Birmingham Company
shall be amalgamated with the London and Birmingham
Company at the relative values of the stock of each Com-
pany on a given day, 6th February instant, antecedent to
the proposals, the London and Birmingham Company
guaranteeing to the Manchester and Birmingham Company
a dividend of 5 per cent. (with half the surplus profits) for
three years from the present time. 2. Churnet Valley.—That
this line, at the end of five years from its opening (or
sooner after its opening if the promoters require it) shall be
amalgamated with the London and Birmingham Company,
en fair and equitable terms, regard being had to the respec-
tive capitals of the two Companies, and their relative divi-
dends. 3. Trent Valley.—That this line, when made, shall
be taken on a lease in perpetuity by the London and Bir-
mingham Company, who shall guarantee to the Trent
Valley Company a rent equivalent, pro rata, to the divi-
dend that the London and Birmingham Company shall
pay to their own Proprietors. It is proposed that any ques-
tion as to the details of these arrangements, and the mode
of carrying them into effect, shall be left to the Board of
Trade, er to arbitrators to be appointed by them, In con-
sidering the large extension of the present undertaking,
and with a view of obviating objections which have been
raised, the Directors have come under arrangements with
the Board of Trade, which, if carried into effect with the
liberal spirit which may be reasonably expected, will prove
as effective for the protectioa and consolidating the true
interests of the Company, as for the advantage of the public.
The Directors, having thus stated the terms of the pro-
posals, feel it their duty to recommend their adoption by the
Proprietors. After maturely considering the practicability
of carrying minerals and goods in large quantities and at low
rates, the Directors are aatiafted that it can be dons without
detriment to the Company, and to the great advantage
of the community, especially in 'the districts through
which the new lines will pass. In this, view they have or-
dered a supply of powerful engines, adequate to the perform-
ance of the work, and an increased stock of waggons. They
have also contracted, in furtherance of their object, for the
purchase of the West London Branch Railway, which they
propose to extend to the Thames, and to afford thereby in-
creased facilities in water carriage, for produce conveyed by
railway. The purchase money is 60,000/., and a further out
of 65,000/. will be required to effect a communication with
the river. For this purchase the sanction of the meeting will
be required. The Directors have to report the retirement,
from ill health, of their colleague, Mr. C. H. Jones, and the
election of Mr. Robert Benson, jun., to fill the vacancy.
The CHAIRMAN then proposed, seconded by Mr. Ledsam,
the Deputy-Chairman, that a dividend at the rate of 10 per
cent. per annum be declared, which was put and carried
unanimously.
This was followed up by a resolution authorising the amal-
gamation of the Manchester and Birmingham, the Trent
Valley, and the Churnet Valley Companies, with the London
and Birmingham, on the conditions specified in the report.

Mr. CASSON, of Liverpool, in a speech of considerable
length, urged the postponement of the resolution. A sub-
ject of such importance, involving the interests of nearly
fifteen millions of capital, should not be precipitately dealt
with. Time and the necessary data should be given. The
Churnet Valley scheme was at present unappreciable. Not-
withstanding the flattering statements that had been made
by the Chairman, with the exception of the more harmo-
nious and economical working that would result from the
amalgamation of the various lines, he doubted, in the
absence of further information, the policy of the proposed
arrangement, and moved an amendment to the effect that
the consideration of the subject be postponed for a fortnight.
Mr. Homs, though unwilling to second a resolution ap-
parently hostile to the Directors, concurred with the pre-
vious speaker in thinking that full explanation should be
given.
The CHAIRMAN did so. The terms as stated in the report
were clear and succinct. The line, at the end of five years
from its opening, was to be amalgamated with the London
and Birmingham, on fair and equitable terms, regard being
had to the respective capitals of the two Companies, and their
relative dividends. An agreement had been drawn up by
the Churnet Valley Company, entering into details, but with-
out the sanction of that Company, he thought he would not
be justified in having it read.
Mr. BASSET thought it would be injudicious to enter into
details, and looked upon the agreement as salutary and satis-
factory. The Proprietors should repose continued confidence
in the Directors, in so far as this matter was concerned, and
with that view he concluded by seconding the original motion.
Mr. WILLIAMS thought it was useless to prolong discus-
sion connected with the details of the measure, after the
satisfactory statement made by the Chairman. It would be
imprudent to divulge the specific agreement. There should
be no hesitation in passing the resolution, when it was consi-
dered, that not only the Grand Junction, but other great
Companies, had entered into similar amalgamations.
The CHAIRMAN, after stating that the Directors had no
shares in the Churnet Valley line, proposed the next resolu-
tion, approving of the arrangement for leasing the West
London line, which was carried.

The next resolution was for the construction of a branch
line from Dunstable to the London and Birmingham, at
Leighton Buzzard. It was offered to them to rent at four per
cent., with an equal division of surplus profits. The traffic
case was a satisfactory one, and the line six miles in length,
and the capital 50,000/. It would confer on the district the
greatest possible advantage, more particularly with respect
to the price of coal, which was inordinately high.
It was then moved by Mr. WILLIAMS, seconded by Mr.
PARSONS, and carried unanimously, "That the Directors of
the London and Birmingham be allowed to become mem-
bers of the Provisional Committee of the Churnet Valley, 5)
that the working expenses and other matters might be fairly
ascertained."
The retiring Directors, Messrs. Boothby, Cooke, Garnett,
Saltmarshe, and Walker, were then re-elected.
Mr. Urcnot-r proposed that a petition be presented to the
Legislature for a remission of the rates on railways as con-
nected with the poor's-rate. The Great Western and other
Companies had conic to a resolution to do so in the present
session of Parliament; and ho thought the success of the
measure would be in a great degree advanced by the co-ope-
ration of the London and Birmingham.
The CHAIRMAN seconded this, and intimated the desire of
the Directors to co-operate with the other Companies, al-
though the exaction alluded to did not fall so oppressively
on the Birmingham as on other lines. He believed that the
subject had been under the consideration of the Board of
Trade, but that no definite measure had been adopted.
Colonel ALCOCK congratulated the Proprietors on the un-
interrupted prosperity of the Company's affairs, and eulogised
the conduct of the Chairman and Directors for having pro-
moted the great establishment at Wolverton for the officers
and servants connected with the Company, and which com-
bined everything that was necessary for their moral, social,
and religious welfare. A church had been erected there
capable of containing 900 persons, of which the Rev. George
Weight was the pastor. The Proprietors had contributed
towards its erection the munificent sum of 2,500/. The
establishment could not be better described than in thewords
of their Chairman, Mr. Glyn, which were to the following
effect:—"We were obliged by various circumstances to col-
lect at Wolverton a population from nearly every part of the
kingdom, who of course settled there, without any local at-
tachments, but who are now, I believe, as orderly a set of
inhabitants as can be pointed out. Their attendance at the
places of worship and the schools is most satisfactory; the in-
habitants themselves have established a reading-room, and
they have their benefit societies, and their clubs, and we
have a lending library there, which supplies, not only Wol-
verton, but several other stations on the road, with instruc-
tive and useful information." The Gallant Colonel concluded
by moving that Mr. Glyn should sit for his portrait, to be
placed in some conspicuous part of the establishment, as a
testimonial of the esteem and respect entertained towards
him by the Proprietors.
Colonel NORCLIFFE seconded this, and suggested the adop-
tion of a less perishable testimonial in the shape of a bust or
,
(statue.

The suggestion was unanimously adopted, and a subscrip-
tion list immediately opened.
The CHAIRMAN expressed his acknowledgments, and inti-
mated that the deed of the London, Worcester, and South
Staffordshire line :was ready for signature. In reply to a
letter he had received from a Proprietor at Bath, he would
take that opportunity of stating that no resolution whatever
had passed the court with reference to the creation of stock
in the Chester and Holyhead, Lancaster and Carlisle, and
Trent Valley Companies. It was in contemplation at a
future period to increase the number of the Directors, which
would not be beyond 24.
Mr. PARSONS adverted to the new arrangement, which he
considered would be highly advantageous, not only to the
Proprietors, but to the public, of carrying coals on the Bir-
mingham line at a penny per ton per mile. It would be
found that the coals from Leicester and Derby were equal, if
not superior, to the Newcastle coal.
Thai were then voted to the Chairman, and the meetin
separated.

WEST RIDING AND WEST YORKSHIRE.
BRADFORD, TUESDAY.— A very numerous and influential
meeting of the inhabitants of Bradford and its neighbourhood
was held here yesterday, for the purpose of taking into
consideration the merits of the schemes of railway com-
munication for the district now before Parliament, and ex-
pressing their sentiments on the public advantages re-
spectively offered by them.
The meeting was called (in compliance with a requisition
bearing the signatures of about 140 of the manufacturers,
merchants, and other respectable inhabitants of the town
and neighbourhood) by Geo. Oxley, Esq., and John Rams-
den, Esq., constables of the Borough of Bradford.
The theatre of the Mechanics' Institute, capable of holding
1,200 persons, was crowded.
On the motion of W. RAND, Esq., seconded by HENRY
FORBES, Esq., George Oxley, Esq., was called to the chair.
Amongst the gentlemen present were the following :
W. Rand, Esq., H. W. Wickham, Esq., L. W. Wickham,
Esq., Henry Forbes, Esq., J. Lupton, Esq., E. C. L. Kaye,
Esq., S. Schuster, Esq., W. Walker, Esq., R. Milligan, Esq.,
E. Ripley, Esq., H. Ripley, Esq., Dr. Macturk, W. Cheese-
brongh, Esq., Isaac Milnes, Esq., John Mann, jun., Esq., W.
Martin, Esq., C. Ackroyd, Esq., Thomas Ackroyd, Esq., R.
S. Ackroyd, Esq., N. Bentley, Esq., David Ramsden, Esq.,
John Steele, Esq., Joseph Lofthouse, Esq., B. B. Popplewell,
Esq., George Anderton, Esq., Samuel Lumby, Esq., G. T.
Lister, Esq., Thomas Clayton Esq., Josh. Briggs, Esq.,
Robert Barr, Esq., Win. Horsfall, Esq., Win. Wears, Esq.,
J. Bottrill, Esq., Wm. Firth, Esq., Wm. Wagstaff, Esq.,
' J. B. Wagstaff, Esq., J. Hawkshaw, Esq., George Brown,
Esq., James Wade, Esq., John Wade, Esq., John Wade, jun ,
Esq., Thomas Thwaites, Esq., Robinson Thwaites, Esq., M.
Brown, Esq., Geo. Alderson, Esq., &c., &c.
The Institution being found insufficient to accommodate
the numbers assembled, the meeting was adjourned to the
Court-house. _ _ .

Mr. WM. RAND first addressed the meeting, and called at-
tention to the proposed accommodation of the district. The
first point of importance was that any railway laid down in
the West Yorkshire district should unite itself with those in
the adjacent district. The next, that the stations should be
in a position presenting the utmost facilities for public access ;
and the third point was the character of the line as regarded
the nature of its gradients. He endeavoured to show that
the scheme proposed by the West Riding Junction was in
want of these advantages. Every person who was acquainted
with Bradford knew that in the valley of the Aire there were
numerous towns and villages, employing a large and busy
population in manufactures, and almost the whole of them
drew their supply of raw material from places in a direction
for which the West Riding Junction made no provision at all.
They drew their supply of coal from that direction, but when
it got to Bradford it had to make a full stop. Why such a
scheme was not only an insult to Bradford, but to Airedale also
—not only an insult, but a positive injury. The West Yorkshire
made an ample provision, whilst the West Riding Junction
made no provision at all. Ile thought, therefore, as far as
that matter was concerned, the West Yorkshire was entitled
to the approbation of the men of Bradford, and the West
Riding Junction deserved their just and emphatic disappro-
bation. He would not go into the minute parts of the gra-
dients generally, but simply speak of them as affecting Brad-
ford and neighbourhood, and he could fearlessly say that he
believed that no project had ever been brought before a
Parliamentary Committee with such infamous gradients as
the West Riding Junction Railway. Mr. Rand concluded
by proposing the following resolution :—" That in order to
entitle any railway projected for the accommodation of this
district to the support of the inhabitants of Bradford, it is
essential that it should unite itself with the Leeds and
Bradford Railway, now in progress of construction, as well
as with the Leeds and Manchester Railway; that the gra-
dients should be as favourable as the difficult nature of the
country will admit ; and that the position of the stations
should be such as to afford to the public the utmost facili-
ties of access."
Mr. H. W. Riri.Er seconded the motion.
Mr. WALKER, in a speech of considerable length, moved
an amendment in favour of the West Riding Junction. Ile
contended that the vast mass of local support incontroverti-
bly showed that a strong and decided preference in favour of
the Leeds and West Riding Junction Company reigned in the
minds of a large proportion of the mercantile and manufac-
turing and trading population of the district. The decision
of the Board of Trade in favour of the Junction Company
confirmed and justified all its expectations. Before any
other Company appeared in opposition to them, the under-
takings and plans of the Junction Company were publicly
announced, and it was not until the complete organization of
the Leeds and West Riding Junction Company, with every
prospect of success, that a rival company was announced,
under the title of " The West Yorkshire," whose main pre-
tension was a refusal to act with the Manchester and Leeds
Company, into whose line their schemes must necessarily run
in every direction.
Mr. L. W. WICKIWI seconded the amendment.

Mr. ILkwxsilAw, engineer to the West Riding Junction,
then addressed the meeting, and stated that the West
Riding Junction entered Bradford in as efficient a manner,
with as good gradients, and could be worked as perfectly as
the lines into Liverpool, Manchester, and Glasgow. lie
described the gradients, and gave a variety of reasons for
preferring the gradients of the West Riding Junction to
those of the West Yorkshire for the local traffic of the district.
Mr. CARTER, in the absence of Mr. Buck, the engineer of
the West Yorkshire line, replied to Mr. Hawkshaw, contend-
ing that the conclusions of that gentleman were erroneous
with reference to the gradients of the two lines.
Mr. HENRY Fo'mat said that Mr. Robert Stephenson,
one of the most eminent engineers of the present day, had
made a careful comparison between the plans of the West
Yorkshire and the West Riding Junction, and had in a most
emphatic manner given a decided preference to everything
connected, in an engineering point of view, with the West
Yorkshire scheme.

The
motion was then put, and both parties claiming the
Mfg ority,
The CHAIRMAN called for a second show of hands, on which
he said, that to the best of his judgment, considering the
darkness of the night, he believed that the West Riding
Junction had carried the day,
A memorial to Parliament in favour of the West Riding
Junction was adopted.
HALIFAX, Tl7EsnAr.—Yesterday a most important and
highly influential meeting? of the inhabitants of this town
heOddthle'el low flail, for the purpose of taking
meritsi of the respective railways for
this district now before Parliament. The spacious saloon
wasn t o held
consideration in
t
and gallery were crowded, and upon tho platform we noticed
the following, among other gentlemen :—Jonathan Akroyd,
Esq., William Haigh, Esq., George T. Pollard, Esq., J.
Emmett, Esq., Captain Stansfeld, J. Baldwin, Esq., E.
Akroyd, Esq., J. S. 11. Ambler, Esq., Haigh,
Esq., G. Beaumont, Esq., Ely Bates, Esq., J. Hoatson, Esq„,
Dr. W. Alexander,, ,A. G. Suter, Esq., J. Thorpe, Esq., J.
Turnev, Esq., F. Crossley, Es 3.
IN Heap, Esq., J. Apple-
yard, hog., T. Hodgson,'EN., . Whitworth, Esq.
The meeting was called is pursuance of a requisition of the
gentry and merchants, manufacturers and tradesmen, in num-
ber about 200.
It was moved by Mr. J,ox.vrit.v.c AKaoYD, and seconded
by Mr. W. Mourns :—" That a careful comparison of the
respective merits of the two railway schemes has left the
strongest conviction on the minds d those present, that in
i
the superiority of ts gradients and curves, the convenience
of its stations, its points of juncture with adjacent lines, and
its connexion with a continuous line of water communica-
tion to Liverpool. the West Yorkshire is entitled to the most
strenuous support of the town and neighbourhood."
Mr. THORPE proposed, and Mr. BEAUMONT seconded—
That a denial of the claim of the West Riding to construct
and manage its own means of communication, cannot be
viewed in any other light than a virtual assertion of its in-
capacity. That this
itself meeting indignantly repudiates the re-
proach, and pledgesto exert every means in its power
to rouse the West Riding to a resolute assertion of its in-
alienable rights."
Other resolutions, after a discussion of considerable length,
but upon topics chiefly of a locally interesting nature, ensued,
in which Messrs. Brown, Crossley, Suter, Gregory, Ambler,
and Whitworth took part, expressing the views which the
meeting entertained of the possibility of the Leeds and Man-
chester Company monopolizing the control of the com-
munication of the district, and consiac,rmr, the West York-
shire scheme as calculated to secure the benefits of free com-
petition.
A petition, embodying
the sentiments of the meeting on
the subject, was unanimously agreed upon, to be presentad
bo the llouse of Commons.

borough to the favourite sea-bathing place of Redcar. The
amount of capital required is 36,0001, and the terms of the
guarantee are for twenty-one years.
The CirmustAst, in his address, which was principally a
paraphrase of the report, stated that the value of the Coin •
pany's property in the stock market gave the best indica-
tion of the efficiency with which their affairs had been con-
ducted. Whilst declaring an enlarged dividend, the Di-
rectors were enabled to make a considerable increase to
the amount of the reserved fond, to meet contingencies,
though he hoped he might not be understood to mean any
diminution in future returns, but on the contrary that,
looking to the probable increase of traffic, especially in
coal and lime, and the reduction in the rate of
interest, there was no reason for supposing that
there would hereafter be any defalcation. There had been
a great increase in the tonnage of coal upon the line.
The cost of the proposed branch to Redcar would be
36,000/., and the line would secure a large traffic in coal,
passengers, and goods. After dwelling on the history of
what had taken place with respect to the proposed branch to
Leeds, surveys for which had been made by Mr. Joseph
Stephenson, who stated that a sum of 600,0001. might be
saved by the construction of a branch viri Spofforth and
Wetherby, which he recommended in preference to the
outlay upon the line proposed by the Leeds and Thirsk Com-
pany, the Chairman stated that the Directors had come to
the conclusion to ask for powers to construct the line. The
lines northward were identical with the interests of the
Great North of England, because they joined part of the
main trunk which was to connect the metropolis with Scot-
land, whereas the lines south of York had interests totally
distinct. As soon as the Churnct Valley line, by which 27;
miles would be saved between Manchester and London, Was
made, and as soon as the Caledonian line was completed, it
would be a very near race, indeed, in point of distance be-
tween their rivals on the western part of the island and that
side of the country which would be the nearest line to Scot-
land. Unless one of the direct lines from London to York
was made, it would be found that the western side would
have the whip-hand of them, and they would no longer have
a full development of the resources of their property by rea-
son of the other being the immediate route to Scotland. The
Chairman concluded amidst applause, by moving that the
report be adopted.
The lion. J. C. DuxpAs took a retrospective view of the '
past circumstances of the Company, and argued that the
Shareholders might confidently look forward to their under-
taking increasing in a still greater ratio.
Mr. Surnws proposed an amendment, to the effect that
it would be for the interest of the Great North of England
either to amalgamate with the Newcastle and Darlington
on terms of perfect equality, or to lease the Great North of
England to some Company of undoubted stability, at 10 per
cent. This was seconded by Mr. llewsou.
A long discussion, in which Mr. Sams, Mr. Oxley, Mr.
Plews, Mr. Shields, Mr. newson, Mr. Oldfield, Mr. Baxter,
Dr. Eddowes, and others joined, ensued on this subject. Ul-
timately the Chairman put the amendment, when only nine
hands were held up in favour of it.
Several other resolutions were then proposed and carried,
declaring a dividend of six per cent. per annum, clear of in-
come-tax, and authorising Directors to take the necessary
steps for obtaining the sanction of Parliament to their pro-
jected branches. Powers were also granted to raise an ad-
ditional capital of 500,000/., by the creation of 15,000 new
shares, of 33/. 6s. Bd. each, to meet the expenses of the new
lines, and the Directors were empowered to enter into a joint
guarantee with the Stockton and Darlington Railway Com-
pany, and the Middleborough and Redcar Company.
On the motion of Colonel Araw.st a vote of thanks was
given to the Chairman, after which the meeting separated.

LAW INTELLIGENCE.
HOUSE OF LORDS, Feb. 13.

The House sat today, for the first time this session, to
hear appeals. The Peers present were, Lord Brougham,
Lord Canterbury, Lord Campbell, and Earl Nelson.

FOREST r . IT AIME V.

The arguments in this appeal occupied their Lordship the
whole day.

COURT OF CHANCERY, Feb. 13.

The Lord Chancellor sat to-day in Lincoln's Inn llall, at
half-past ten o'clock.

(JLDFIELD v. conBETr.—J UDGM ENT.

The LORD CHANCELLOR gave judgment to-day in this
case, which was argued before his Lordship some time
since, upon a motion on behalf of the defendant, Mr.
Cobbett, to discharge an order of the 9th of
June for irregularity. llis Lordship, on giving judgment,
observed, that although the case had occupied a considerable
period of time in arguing, the question depended upon con-
siderations that resolved themselves into very narrow limits.
The short outline of the case was this :—Mr. Cobbett, the
defendant, not having put in his answer in time to the plain-
tiff's bill, an attachment issued against him. The Sheriff
was not able to arrest Mr. Cobbett, and returned
non est investus. Proclamation then issued, but
still it was found impossible to arrest Mr. Cob-
bett, and then a commission of rebellion issued
against him, and he was arrested on the 6th of June. One
of the Commissioners was a person named henry Doncaster,
and the other Sloman, a sheriff's-officer, who kept a lock. up-
house in Cursitor-street. Mr. Cobbett was kept in custody
at Sloman's till the Monday following, and then he was con-
veyed, by a person of the name of Haslem, who was a servant
of Simian's, to White Cross-street prison, and delivered to
the keeper, or one of the turnkeys there. He was de-
livered, according to the indorsement upon the writ,
into the custody of the keeper of the prison by
Haslem, on the part of Sloman. On the 9th an
application was made by llenry Doncaster to the keeper of
the prison to deliver Mr. Cobbett up to him, in order that he
might be brought before the Court of Exchequer : the keeper
of the prison declined to give Mr. Cobbett up, thinking that
he had no right to do so. In consequence of this refusal a
notice was served by the attorney of the plaintiff upon the
keeper of the prison, the Commissioners, and the sheriff.
The keeper of the prison appeared to have consulted his law
advisers, and finding that he had no right to de-
tain the defendant, he delivered him up on the
11th day of June to Henry Doncaster, and he
was then brought before the Court of Exchequer, and
there committed to the custody of the Warden of the Fleet
for contempt in not answering the plaintiff's bill. Now, Mr.
Cobbett made various objections to these proceedings ; and he
complained first of the manner in which he had been tieat •
during his confinement. Now, if Mr. ColfiligtOakiß
complaint on that subject, he should liastlipillainv pAriq
Court of the conduct of the Comrdo4tegfeb;4lll,44Yr''
would have either been censured or pt}ilislre'd jots'
,thcir
offence, but that would form no .grOniids for setting
aside the order for irregularity. Mr. Cobbett then .com-
plained that he had offered bail that sva& unexceptionable,
but that it was not accepted, in consequence of the fault of
the Commissioners, and that he was kept in custody. There
was no doubt that it was the duty of the Commissioners to
have discharged Mr. Cobbett, if sufficient bail had been
offered ; and, if not, then they were bound to bring him
before the Court of Exchequer ; and, if they did
not do so, they were liable to punishment; but this
did not effect the regularity of the proceedings. Such being
the state of things, the next objection and the principal one
taken by Mr. Cobbett was, that he was kept in confinement
after the return to the writ ; that the writ was returnable
on the 10th, and that he was not brought up till the 11th.
Mr. Cobbett seemed to think that there was an end of the
writ upon the return, and that no person after then had a
right to keep him in custody or do anything under the writ.
His Lordship considered that in that respect Mr. Cobbett
laboured under a mistake. It was true that
after the return of the writ the officer could
not arrest a party, but where the party was in custody
at the time of the return of the writ, the officer had no busi-
ness to discharge him without bringing him before the
Court. his Lordship thought that the course that had been
pursued by Mr. Cobbett upon that occasion clearly showed
that he was in doubt himself as to the validity of the objec-
tion, because he argued, and very forcibly, too, that the
effect of taking him to Whitecross-street prison was taking
him out of the custody of the Commissioners, and that there-
fore it must be considered as a retaking after the return
of the writ, and therefore not valid. This point had cer-
tainly been very cleverly put by Mr. Cobbett, but there was
no foundation for it; the defendant having been brought to
the bar of the Court, was properly committed. Such were the
arguments used by the defendant for the purpose of obtaining
the setting aside of the order of the II th of June, for ir-
regularity, and on the whole, his Lordship thought there was
no ground made for discharging the order in that respect,
and therefore it must stand. Repeated applications had
been made to discharge the order, all of which were
refused, with costs. This was the state of things up to 1843,
when, the defendant having in the meantime put in his
answer, the plaintiff put in a replication to rejoin, and the
question then raised was, whether the plaintiff having done
so, it was not to be considered as a waiver of the contempt on
his part, and entitled the defendant to be discharged from
that contempt without the payment of costs. His Lord-
ship considering this a most important question, had
consulted several of the officers of the Court ; and he
had received a certificate from the Six Clerks, who
stated it to be their opinion, that according to
the practice of the Court, the defendant was entitled to be
discharged upon that order without the payment of costs.
Under these circumstances, his Lordship felt himself bound
to say that the course pursued by the plaintiff was a waiver
of the contempt, and that Mr. Cobbett was entitled to be dis-
charged from the effects of the order of the Ilth of June, with-
out the payinent of costs. What effect this might have on
the other proceedings he would not say—he would leave it
to Mr. Cobbett to consider that the other order being in force
against him—
Mr. Cobbett was anxious to know whether the order now
pronounced would discharge him out of custody in one suit ?
The LORD CIL%NCELLOR said it would not. There was an
end of the order of the 11th ofJune, and that was all. Several
applications had been made to discharge the order, which
this Court had refused with costs, and those orders were not
affected. The judgment of his Lordship dischared Mr. Cob-
bett from the contempt, not in consequence of any fault in
the original order, but something that had occurred since.
Mr. Cobbett was liable to the costs of all the other orders.
Mr. WAKEFIELD—He is discharged from the contempt of
the order of the 11th of June.
The LORD CIIANCELLOR—Yes, and nothing else.
Upon the application of Mr. Cobbett, he was permitted to
come up again on a future day to move for the discharge of
the other orders.

time, the prisoner having been unhappily left without the
assistance of his two Learned Counsel.
The SOLICITOR-GENERAL said he believed the proper
course for him to take was to move, in the first instance, to
have the return filed.
Lord DENatAN—That cannot be—you are not in Court.
The writ was returnable on the 18th of January, and the pro-
ceedings have been delayed till after term. We are now
sitting as a single judge in chamber would, but in a matter
of this importance it was thought right that more than one
judge should sit.
Mr. RoEnucx—Can an action then be brought till the re-
turn is filed ?
Lord DENMAN—Certainly. It is the object of the habeas
corpus that it be proceeded with immediately. The course
is to have the return filed after hearing. With regard to the
application made by the Learned Counsel (Mr. Roebuck), I
own I find it difficult to believe that the Learned Counsel
who were engaged in the early part of this case would have
left the prisoner, and that they would have deserted him
now. And, with regard to the novelty of the statement,
papers, bearing the signature of the prisoner, and setting out
all the facts, were sent to me most improperly, out of Court,
months ago ; and, in fact, there is no surpriss at all, except
with regard to the Learned Counsel now engaged for the
prisoner.
The SOLICITOR-GENERAL—Although Mr. Roebuck has
been but lately instructed, their Lordships were aware that
the return now read was but. an echo of the affidavits which
were for months before the Court.
Mr. ROEBUCK said he did not know anything about that.
Tka &wawa- GANERAI‘—We understand perfectly your
iives •
Mr. RoEnucx—l cannot undertake the case under such
short notice as I have received. That is the difficulty in
which I am placed, from the peculiar circumstances men-
tioned to your Lordships.
The SOLICITOR-GENERAL—One of the objections to the
adoption of the course suggested by my Learned Friend is
the great inconvenience and delay that would attend it. Of
course, I have a great disinclination to press on the case,
under the peculiar circumstances mentioned by my Learned
Friend ; but I do hope that some arrangement will be made
which will relieve us from the obligation of keeping the
traverser any longer in prison. With a view to facilitate this
course I have no objection that Mr. Wilson should be ad-
mitted to bail upon his own recognizance, and to appear at
an early period next term.
Mr. RoEnucE—My Lords, under the very peculiar circum-
stances of this case I have been instructed to say, that Mr.
Wilson cannot enter into any compromise whatever, and
that he would rather be remanded to the Queen's Bench.
The SOLICITOR-GENERAL--But that would be attended with
considerable expense, for Mr. Wilson has, up to this time,
been maintained in prison at the expense of the Royal Court.
Mr. Wilson here stated to his counsel that he never was
maintained at the expense of the Royal Court ; that he had
borne all the expense himself.
Mr. RoEnucx.—l am instructed, my Lords, that Mr. Wil-
son has borne the expense of maintaining himself all through.
The SOLICITOR-GENERAL—Mr. Wilson has had the prison
allowance; but he chose to indulge in other luxuries, for
which, of course, he had to pay.
Mr. Wilson—l never received the gaol allowance but the
first day.
Mr. ROEBUCK—I am instructed, my Lords, that the state-
ment of my Learned Friend the Solicitor-General is incor-
rect in this respect.
Lord DENMAN—We want to krcw nothing about that ;
but my learned brothers and royaeif are of opinion that this
case should be put an end to. It is very extraordinary,
after the great length of time which this case has
already occupied, and the pains that have been bestowed
upon it, both by myself and the two Learned Judges who are
now beside me, that some decision should not be come to now
upon it. I fire had the Learned Counsel who were engaged
for the defence here, to state upon what grounds they im-
pugned this writ, or whether there were any grounds for im-
pugning it, perhaps there might also be given some reason
for asking for further delay ; but we have heard no grounds
stated for impugning it, for Mr. Roebuck has stated none,
and, therefore, I am not justified in saying that the prisoner
should be remanded. The very nature of this proceeding—the
very nature of a habeas corpus—requires that great caution
should be exercised in coming to a decision upon it, but great
promptitude is necessary also, and therefore a decision in
this case there must be. I have sacrificed much time in con-
sidering it—time that I was not justified in applying to it—in
trying to bring it to a close ; but, having done so, I have no
objection to render any assistance my information may
afford to the two Learned Judges who are now present, and
who are to be considered as sitting in chamber; and I would
suggest that they should attend to-morrow and deliver judg-
ment.
The Soucrroa-GENERAL—I ! should also have stated to
your Lordships that I made my arrangements so as to devote
myself entirely to this case to-day, and have with that view
refused to undertake other business; but it would be utterly
impossible for me to attend to it to-morrow, that is quite out
of the question.
After the lapse of a few minutes,
Mr. ROEBUCK rose and said—My Lords, I have been in-
structed to say that Mr. Wilson will enter into his own re-
cognizances to appear at whatever time may be fixed.
The SOLICITOR-GENERAL--I am quite satisfied, but I
could not attend to-morrow.
Mr. RoEnucx—l hope, my Lords, that I stand acquitted
of any imputation of causing delay.
Lord DENMAN—Oh, there is not the slightest imputation
of anything of the sort against you, Mr. Roebuck.
Mr. ROEBUCK—ShaII we be allowed to have a copy of the
writ, though:it has not been filed?
The SOLICITOR-GENERAL—Oh, certainly; I shall take care
that you have a copy of it to-day. Then, as to the day, what
day will your Lordships fix?
Lord DENMAN—Say the seventh day of next term.
The SoLicrron.-GENERAL--Perhaps your Lordships would
say Tuesday, the 22d day of April next.
Their LORDSHIPS assented, and that day having been fixed,
the Court rose.

COURT OF EXCHEQUER, Feb. 13.
(Sittings at Nisi Prius before the LORD CHIEF BARON and
Special Juries.)
GREEN V. PRICE.

This was an action of covenant to recover the sum of 5,0001.
Mr. Martin and Mr. Lush appeared for the plaintiff ; Mr.
Jon 4 and Mr. Cowley for the defendant.
:The agreement which formed the ground of the present
was made by the defendant in favour of the plaintiff,
?lc ;j after retiring from the business of a perfumer bound
' bliii •lf in the above sum not to set up again within a certain
distance of London. The plaintiff having, as it appeared,
,succeeded the defendant in his perfumery establishment in
Lebard-street, the defendant was alleged to have broken
this' agreement, and he was now sued for the penalty.
It was contended on behalf of the defendant that no specific
loss to the plaintiff had been shown to have resulted from his
recommencing business, and also that he was not within the
distance named. Proceedings were taken in the case last
term, when, in virtue of the decision in the case of Malian
v. May, where it was held that the word " London," when
unqualified, did not include Westminster, the Court ordered
the plea of distance to be corrected.
Shortly after the opening of the plaintiff's case, his Lord-
ship stated it to be his opinion that this question was one of
law. - - -- . .... _

It was then agreed that Mr. Jervis should tender a bill o
exceptions to his Lordship's ruling, and that, in the mean-
time, a verdict should be taken for the plaintiff.
Verdict for the plaintiff accordingly—Damages, 5,0001.
LAWRENCE V. CLARE.

This was an action to recover 200/. on a bill of exchange.
Mr. Jervis and Mr. Chambers appeared for the plaintiff;
Mr. James and Mr. Petersdorff for the defendant.

The ground of action arose of a gambling transaction of
Lord Waldegrave. His Lordship, it appeared, had lost the
sum of three thousand pounds at a gambling-house in
Regent-street, called the Strangers' Club, which was kept
by a person named Russell. This took place in the year
1842. For the debt thus contracted, he gave I. 0. U.'s
amounting to 3,000/. Mr. Russell, having taken these
I. 0. U.'s, applied to the defendant, who resides at Thistle-
grove, Brompton, to purchase them of him, assuring him, at
the same time, that they had not been won at gambling, and
also telling him that he was in negotiation with Mr. Bevan,
the attorney of Lord Waldegrave, for the settlement of the
debt. The defendant gave Mr. Russell several bills in con-
sideration of these I. 0. U.'s. The one now under the consi-
deration of the Court found its way into the hands of Mr.
Lawrence, a horse-dealer and bill discounter, in Oxford-
street, who now sued the defendant upon it.
The action was resisted by the defendant on the ground
that the I 0 U's had been obtained by gambling, and that
the bills were handed over to the plaintiff without conside-
ration, and merely for the purpose of the action. The de-
fendant had put six pleas on the record, and the affirmative
of issue resting with him, the defendant's case, contrary to the
usual course, was first gone into.
While the defendant's case was proceeding, an application
was made to the Court by Mr. James, for leave to apply to
the Court next term to amend the first plea for the purpose
of having a new trial, the notice for the production of the
bills being insufficient.—The application was acceded to.
A verdict was then given for the plaintiff for 212/. 10s.,
121. 10s. being the amount due for interest.

COURT OF COMMON PLEAS, Feb 13.
Their Lordships, this day, gave judgment in six out of
nine remanet cases, allowing three to stand over.

SHERIFFS' COURT, Feb. 13.
(Before Deputy-Sheriff W. R. KENNEDY, Esq.)
DALY V. NEATS.

This was an action to recover 51 due to the plaintiff,
John Daly, by William Neats, publican, Crown Inn,
Seven Dials, under the following circumstances :
Mr. THOMAS, who appeared for the plaintiff, said, he
was instructed to appear in rather a novel case of debt.
It appeared that his client, one night in August last, got
the worse for drink, in which state he went into the
public-house of defendant. While there he began
foolishly to flourish some money, on which a Mrs.
Langham who was present requested him to place it in
the hands of the landlord for safety until lie got sober.
He agreed to do so, and forthwith placed five sovereigns
in the hand of defendant. He then left the house and
went to au adjoining beer-house kept by a Mrs. Connel.
Some time after when application was made for the money
it was refused, on the plea that defendant did not know
that the plaintiff was the person who had deposited it.
On this refusal defendant was summoned to Bow-street.
but the sitting magistrate decided that he had no juris-
diction, as the money had passed into the possession
of defendant without any force having been used. After
this the defendant agreed to give up the money, provid-
ing the plaintiff would produce a respectable surety, to
bear him harmless. Two responsible housekeepers
were produced, but without avail ; he would take nei-
ther, but still held the money. Hence this action was
commenced to recover the 51. Mr. and Mrs. Langham.
and Mrs. Connel, were called as witnesses, who proved
that Daly had deposited the five sovereigns in the hands
of Neats as described, and that the other steps to recover
the mosey had been taken.
Mr. BALL, for the defence, admitted that 5/. had been
deposited in the hands of Mr. Nests by a man one night
in August, while in a state of intoxication, but he main-
tained that Daly was not the man. Daly had not made
application for the money until a considerable time after
it was placed in Mr. Nests' hand, and then only on learn-
ing from a certain party who was present on that occa-
sion that such a sum of money had been deposited. The
party who was present, a Mrs. Langham, and who had
given evidence respecting the plaintiff's identity, had,
there was considerable reason to suppose, an interest in
supporting Daly's claim. He (Mr. Ball) admitted that
she was present in the Crown Inn when a certain indivi-
dual placed five sovereigns in the hand of the landlord,
and was enabled thereby to furnish Daly with the ne-
cessary information to make the application for the money,
after hearing that the real owner had not come for-
ward. Hence, no doubt, this application originated; but he
maintained that Mrs. Langham had given erroneous
evidence, and thus Daly had no title whatoy, r t.. the
money. The Learned tientleman then called several
witnesses, amongst others the harmen and barmaid, who
deposed that it was a man dressed sailor's clothes,