The Sun.
London, England, 1845-11-24 00:00:00

Tilt StrN, LONDON MON DAV MORN) Istg, NOV EMBill ft 24, 1845.

PROJECTED RAILWAYS.

Great Grimsby and Sheffield Junctien.
Sheffield, Ashton-under-Lyne, and Manchester.
York and Lancaster.
Direct Northern.
North Gravesend.
Great Western, Brentford, and Central Terminus.
East Lancashire, Blackburn, and Preston Amalgamation.
York and North Midland.
North and East Riding Junction.
Direct Birmingham, Oxford, Reading, and Brighton.
North Western.
Birmingham, Gloucester, and Stour Valley Junction.
Great Western Southern and Eastern Counties.
Dover and Bristol.
London, Hastings, and St. Leonard's Direct.
Direct London and Dublin.
Sheffield, Wortley, Silkstone, and Wakefield.
Norfolk Railway, Norwich Branch.
Liverpool and Leeds Direct.
Northumberland Dock and Percy Branch Railway.
Staffordshire and Shropshire Junction.
London and Birmingham Extension.
Newcastle and Darlington Junction.
Liverpool, Warrington, Manchester, and Stockport.
Swaffham, Narborough, and Watlington.
London and Birmingham Railway (City Extension).
Boston, Grantham, Leicester, and Midland. Counties
Junction.
Rugby and Swindon Direct Junction.
Rochdale, Heywood, and Manchester.
Worcester, Tenburv, and Ludlow.
London and HolyheadDirect.
Lincoln and Oakham.
Midland and Eastern Counties.
Trent Valley and Derby Union.
Chepstow, Forest of Dean, and Gloucester Junction.
Exeter, Great Western.
Salisbury and Swindon Extension.
London ant! Nottingham.
Chester and Holyhead.
Bristol and Dover Direct Junction.
Wilts, Somerset, and Southampton Junction.
Cambridge and Colchester Junction.
Cheltenham, Oxford, and London Extension.
London and Birmingham Extension to Northampton, Da..
ventry, Leamington, &c.
Direct Western.
London and Edinburgh Direct.
Newcastle and Darlington.
Plymouth and North Cornwall.
Midland Railway (Nottingham and Mansfield Branch).
Leeds and Carlisle.
Kent and Essex Union.
Worcester and Merthyr Tydvil Junction.
Cheltenham, Oxford, and London Junction.
Boston, Newark. Sheffield, and Nottingham, and Grantham
Junction.
South Metropolitan.
Furness and Windermere.
Plymouth and North Cornwall.

BIRTHDAY OF THE ParNcEss ROYAL.--The birth-
day of her Royal Highness was celebrated on Friday, at
Windsor, with the usual manifestations of loyalty. The bells
of the St. George's Chapel and the parish church rang mer-
rily, at intervals, from an early hour in the morning until the
close of the day. A royal salute was fired at twelve o'clock
from the Belvidere, at Virginia Water, and also from the
Corporation ordnance in the Long Walk. Her Majesty gave
a banquet at the Castle to celebrate the auspicious event.
Their Highnesses Prince and Princess Nicholas
Esterhazy and family, as well as the Earl and Countess of
Jersey, and Lady Clementina Villiers, who were to have
gone to Middleton-park, near Bicester, this week, are de-
tained in town from the circumstance that the scarlet fever
is very prevalent in the village at the present time. It is
doubtful if they go to Middleton before the second week in
the ensuing month. His Royal Highness the Duke of Cam-
bridge has been pleased to offer the Countess of Jersey and
her family the royal cottage at Kew until they can go with
safety to Oxfordshire.
The Right Hon. Sir Robert Gordon, G.C.8., was
expected at the Clarendon Hotel on Saturday, from his seat in
Aberdeenshire, en route to Vienna, to resume his diplomatic
functions at the Austrian Court.
VISCOUNTESS VILLIERS.—We are happy to learn
that her Ladyship, by accounts received by the Earl of
Jersey on Friday from Upton House, was considered by her
medical attendants to be going on favourably, and as the
crisis of the fever had passed, no danger was apprehended.
The eldest daughter of the Noble Viscountess was also much
better.

THE LATE VISCOUNTESS CANTERBURY.—Viscount
Canterbury, the Hon. Henry Manners Sutton, M.P., and Mr.
Sanderson, left town on Friday for Clifton, near Bris-
tol, to attend the funeral of the deceased Viscountess. The
interment does not take place at Addington, Surrey, where
the family vault is, but at Clifton.
THE LATE DOWAGER LADY HOLLAND.—To-day
the mortal remains of her Ladyship are- to be removed
from Great Stanhope-street, to be conveyed to Ampthill,
Beds, where, to-morrow, the funeral is to take place at
the parish church, where the deceased lady is to be interred
in the same vault with the late Lord Holland. Colonel
Fox, M.P., Sir Henry Webster, and Lord Lilford, will attend
on the mournful occasion.
The Duke and Duchess of Richmond, and the
Ladies Caroline, Cecilia, and Augusta Gordon Lennox, are
expected to arrive in Portland-place on Friday next, from
Gordon Castle, N. 8., on their way to Goodwood Park, for
the winter.
The Duke of Rutland and a small party have been
enjoying the sports of the field at Cheveley Park, nearNew-
mariet. Lord George Manners left the Park to attend a
railway meeting Cambridgeshire early in the week.
Viscount and ViscounNas Palmerston, Earl Cow-
per, Viscount and Viscou'atess Jocelyn, Lord and Lady
William Powlett, the Hon. William Cowper, 4cc., with a dis-
tinguished circle are staying on a visit to the Hon. Spencer
Cowper, at the Hon. Gentleman's seat near Lynn. The gen-
tlemen of the party had abundant sport on Thursday in
shooting over the pres,:rves.
RATING OE PRIF.CE ALBERT'S FARM AT WINDSOR.
—A curious questi on is likely to come before the Windsor
Bench of Magistrates in connexion with the rating of,
F.lemish Farm, in the occupation of his Royal Highness
Prince 'Albert; which is situated within the parish of Wind-
sor. At a vestry meeting, held at Windsor on the 18th of last
Septeniber, a ;resolution .was unanimously carried, to the
effect that it was the opinion of the parishioners that Prince
Albert.hang a beneficial occupation in Flemish Farm, his
Royal highness is justly liable to pay all rates and taxes
due fri. the said property; and that the collector be in-
structed to make' application to the Prince for all arrears of
poor-rates due to the parish. All the defaulters, with the ex-
ception of his Royal Highness, were served with the following
notice on Thursday last :—" The period specified in the
notice left at your residence for the payment of the poor-rates
having expired, I beg to apprize you, that in default of im-
mediate payment, the usual proceedings will be forthwith
taken.—W. TOWERS, Collector." The Prince's rates still
remaining unpaid, we understand that an objection to the
summons, and to the issuing of distress warrants, will be
taken, upon the ground that as the Prince Consort has not
either paid his rates or been summoned, the whole proceed-
ings should be considered null and void. It will be interest-
ing to see in what way the Windsor magistrates will act in
the matter.
KING'S COLLEGE HOSPITAL.—On Friday a ge•
neral quarterly meeting of governors and directors of this
charity took place at the board-room of the hospital, in Por-
tugal-street, Lincoln's Inn, when George Jaques, Esq., was
elected secretary and house-steward, which office was vacated
by the resignation of ,Mr. E. C. Stevens. In aid of the
funds of the charity a: concert, on a very large scale,
will take place on Monday next, on which occasion several
eminent members of the musical world will afford their as-
sistance.

LEEDS CORN MARKET, Nov. 18.—Our arrivals
of all grain are moderate. There is a good demand for
wheat, and for best qualities of new red rather over Friday's
rates are obtained, while. old fetckes fully as much money;
the inferior descriptions of new are in more request. Barley
is taken off at prices quite as good as on Friday. Beans
slow of sale, and the turn lower. In other articles no alter-
ation.

THE GREAT BOAT-RACE BETWEEN POCOCK AND
CLASPER.—The great match for 2001. between Henry Clasper,
of Newcastle-upon-Tyne, and William Pocock, of Lambeth,
appointed for Tuesday next, is the leading topic of conversa-
tion amongst aquatic men of all classes. The event is looked
forward to with very considerable interest, and there can be
no doubt, from the well-known celebrity of the men, that it
will be a most spirited race. So sanguine of success are the
friends of the parties, that both, in their turn, may be said to
have a slight call in the betting circles; indeed fancy and
favouritism have induced persons who speculate largely in
these matters to go to strange extremes, such as, in many
respects, are not warranted by circumstances; but the majo-
rity of the large sums depending upon the issue of this great
event have, we are assured from good authority, be• an laid out
at. even. The distance to be rowed is five miles, th a race ex-
tending from Newcastle-bridge to Leamington Poir it.
SUICIDE FROM LONDON- BRIDGE.—On Friday night,
about twenty minutes past ten o'clock, a man of colour,
named Joshua Parker, who resides in John-street, Bermond-
sey, and has obtained a living by vending cheap publications
mounted the parapet upon the north-side of Londe ea-bridge,
and jumped into the river. The circumstance was witnessed
by at least thirty persons who were passing at the time, but
they were unable to save him. He had been sp, _taking but
a few minutes previously to &young man, a fellow-lodger,
of the name of Lyons, who was attracted to the spot almost
immediately after the unfortunate event. The poor fellow
on Sunday buried his wife, who had died of the I,Tphus fever,
and on Thursday his youngest boy fell a victin to the same
disease. The unfortunate deceased was very m'.zch distressed,
and has left three children, the eldest but ele7t.ir, years of age.
A boat was speedily put off, but the body h Nid mot been found
at a late hour at night.
WESTMINSTER COURT OF SEWERS. -'j "he ordinary
meeting of this Court was on Friday held at the Court-house,
in Groek-street, Soho-square. The usual bn siness of the
Court having been gone through, the proposii :ion'made by
Mr. Lebreton, and passed at the last Court, • were brought
forward for confirmation. A letter was read fr o m Mr. Doull,
the assistant-surveyor, complaining of the pro p used plan for
his dismissal without any charge of misconduct t having been
made or proved against him, during his service of ten years.
On the motion for confirming the resolution, l rased at the
last Court, " That the present surveyor's department is in-
efficient," Mr. Leslie objected to such a court e. After a
lengthened discussion, the resolution for the confirmation was
put and carried nem. con. The other alterations proposed in
the resolution, passed on Friday last, were then : taken seria-
tim and passed. Mr. Lebreton next moved, c That from
a
Lady-day next the services ef. Mr. Doull, the present as-
sistant-surveyor, be dispensed with, and the office abolished."
The motion was earried by a majority of seven t five, and
the Court adjourned.

A commencement has been made near S 'alisburr
in the formation of the Wilt?, Somerset, awl emoutik
Railyasp—FP'iltshirejnclependent.

Notices that application is intended to be made to Parlia-
ment, in the ensuing session, on behalf of the undermen-
tioned schemes, appeared in the Gazette of Friday night :
Herne Bay, Margate, Ramsgate, and Deal and Dover
Junction.
Direct London and Liverpool.
Darlington and Hartlepool.
Manchester and Rugby Direct Railway rid Macclesfield.
Bristol and Gloucester Railway.
Wilts, Somerset, and Weymouth Railway.
Birmingham and Oxford Junction.
Dudley, Wolverhampton.
Fleetwoodon-Wyre to Burnley.
Rugby, Warwick, and Worcester.
East Lancashire.
Hull, Sheffield, and Midland Direct.
Liverpool, Preston, and North Union Junction to Black-
burn, Southpool, and Wigan.
Clitheroe Junction.
Leeds and Thirsk.
Sheffield, West Riding, and Midlands Junction.
Liverpool and Derby Direct.
Eastern Counties (Finsbury Extension).
Liverpool, Warrington, Manchester, and Stockport Direct.
Staffordshire Potteries and Liverpool and Manchester
Direct.

NAVAL INTELLIGENCE.

PORTSIIOUTII, FRIDAY.—The Court-rnartiai ordered to try
Second. Lieutenant George Shedden Dunbar, of this division
of Royal Marines', on a charge of drunkenness, which trial
concluded on Monday last,-when the sentence was sent up
to the Admiralty for approval and sanction by her Majesty,
re-assembled this afternoon at two o'clock in the mess-room
of the Royal Marine Barracks, when the following was de-
livered as the finding :
Charge—" For having been in a state of intoxication at
the Victualling Store Barracks, Portsmouth, on or about the
afternoon of the 30th day of October, 1845 ; such conduct
being unbecoming the character of an officer and a gen-
tleman."

The Court came to the conclasion, "That Lieutenant
Dunbar was guilty of having been in a state of intoxication
at the Victualling Store-barracks on the 30th of October
last, but did fully acquit him of all conduct unbecoming the
character of an officer and a gentleman, as, in the opinion of
the Court, such intoxication was chiefly, if not entirely, pro-
duced by his previous indisposition, increased by his impru-
dent use of violent remedies. The Court having found the
prisoner guilty to the extent above set forth, doth there-
fore sentence him to be admonished to be more cautious in
future."

The above sentence must be most satisfactory to Lieu-
tenant Dunbar, as, after a strict and careful investigation
by fifteen officers of high rank and experience, his character
has been cleared from all imputation, and must now stand
higher than if it bad not been subjected to investigation by
a public tribunal.

The Victory,lo4, Captain Moubray, resumed her old posi-
tion off the Common Hard, Portsea, this morning, her moor-
ings having been examined and repaired.
The Rattler screw steam-sloop, Commander Smith, was
taken into the basin yesterday to complete the repair of her
defects and fit her for service on the coast of Africa.
The Dee steam troop-vessel, Master Commander Driver,
was taken alongside the jetty this morning to complete the
repair of defects and have her machinery examined and re-
gulated.

The Netley tender sailed to-day for Devonport with super.
numeraries.

The Manceuvrer naval lighter sailed to-day with stores for
Sheerness and the river depots.
• The Leander 50-gun frigate is up in frame and her wales
and bilge-planks ught on. The workmen are now con-
structing a temporary shed over her, the weather having
much retarded their progress; when the shed is completed
the frigate will be proceeded with with all possible dispatch.
The Rifleman steam-gun-vessel is in a similar state of
progress; but being in a covered dock, her work is not re-
tarded by the state of the weather. She will be out of hand
by the time required—sir weeks from the day of laying her
keel.

The Dauntless steam-frigate, of 1,454 tons, to mount 36
guns, building on the plan of Mr. Fincham, master ship-
wright of this dockyard, is in frame as far aft as the begin-
ning of the after dead-work. Sbe will work with a screw-
propeller, is being built on one ( f the new slips, and rapidly
progressing in construction. The following are her dimen-
sions : Ft. In.
Length between the perpendiculars 2lO 0
Length of keel per tonnage
Breadth extreme
Breadth moulded
Depth of hold
Burden, 1,454 tons.
Horse power (screw), 520.
The Arrogant, another steam-frigate, of 1,800 tons, to
mount 46 guns, building on the slip which adjoins the above,
on the design of Mr. White, of Cowes, is in a similar state of
forwardness to the Dauntless.
..brne anxiety is manifested by the dockyard officers in
charge of these two fine vessels on account of the apparently
slow progress which is made in the work. The men appear
not to be properly skilled into the methods used in Govern-
ment yards, being mostly all strangers and hired men. The
shortness of the days also impedes the work. The Arrogant
is only to have steam as an auxiliary, being ordered to be
masted and rigged as a regular sailing frigate. The Daunt-
less, on the contrary, will be exclusively a steam. frigate, and
have masts and yards of a lighter character, such as steamers
of war usually carry.
The Thalia, 42, Captain Hope, was inspected yesterday by
the CommanderLin-Chief Admiral Sir Charles Ogle, and her
crew mustered, as usual, prior to being paid off.
The President, 50, Captain Stanley, flag of Rear-Admiral
Dacres, is still at Spithead, windbound.
In Harbour—The St. Vincent, Victory, Excellent, Vic-
toria and Albert, Thalia, Fairy, Dasher, Comet, Dee, and
Echo steamers; Diligence navy transport, and Emerald and
Fanny tenders.
In Dock—The Prince Regent, Amphitrite, Trincomalee,
Leander, Harlequin, and Rifleman.
In the Basin—The Nelson, Edinburgh, and Rattler.
At Spithead—The President.
ROYAL MARINES.

First Lieutenant S. J. Hadfield, with 11 privates of the
divisional companies, and one sergeant, one corporal, and 11
gunners of the artillery companies, are ordered to embark in
the Dee steam-sloop, Master Commander Driver, fer passage
to Pembroke Dockyard. It is supposed the gunners are sent
there for the purpose of taking charge of the ordnance stores,
and manning the guns in the fort lately erected for the de-
fence of the dockyard.

LA W INTELLIGENCE,
ROLLS' Cotinr, Nov. §§.

LANGLEY r. MUER.

Mr. TermEn (on the part of the defendant) contended that
the arguments on the side of the plaintiff had failed to es-
tablish the fact of a collusion having taken place between
Mr. Prideaux and Mr. George Dyke Fisher. and therefore the
case for the plaintiff could not be sustained. The Learned
Counsel then cited the case of Kennedy v. Green, to show
that the law was clearly laid down in conformity with the
position he assumed, and continued his arguments at great
length. _ _

Dlr. COOPER, on the part of the bankers, Messrs. Clutter-
buck, Theniall, and M'Kenzie, of Bristol, who claimed a
lien on the estate for 1,6001. which bad been advanced to Mr.
George Dyke Fisher on his promissory note and other security.
Mr. LovEvr followed on the same side.
Mr. FINNEY replied.
His LoRDSNIP gave judgment, and went in extenso into
all the features of the case, which have already appeared
fully in The Sun. He considered that there was
no proof that Prideaux was solicitor to Mr. George
Dyke Fisher, nor was there any direct proof
of what took place between him (Prideaux) and Mr. Robert
Langley, He did not see why a man who considered that a
claim which might prove troublesome, might not levy a fine
without the imputation of being guilty of a fraudulent trans-
action. No case had been cited to show that Mr. George
Dyke Fisher and Mr. Prideaux stood in a relation ana-
logous to that of any parties who came before the Court.
He considered that from all these circumstances he must dis-
miss the case with costs.

VICE-CHANCELLORS' COURT, IVov. 22.
(13efure the VICE-CHANCELLOR OF ENGLAND.)
_ GLASSE V. THE EAST INDIA CO3IPANY.

The further arguments in this part-heard case were re-
sumed and concluded today. Our readers will recollect
from our report on a former day, that the case came before
the Court upon notice to dissolve an injunction granted
against a Mrs. Marshall, a daughter of the plaintiff, and also
against the East India Company, restraining the former
from parting with certain East India bonds, and the East
India Company from paying them. The amount
of the bonds was 3,5001., and the question
in the case arose from a dispute between the plaintiff and his
daughter, with regard to the right to the bonds. It appeared
from the affidavits that before the filing of the bill, five of
the bonds had been out of the possession of the parties, and
that three of them had been presented fur payment by the
Bank of England, who had purchased them.
Mr. Stuart, with whom was Mr. E. Wigram and Mr. Lloyd,
appeared for the East India Company ; and Mr. Bethell and
Mr. Speed supported the continuance of the injunction,
!Mr. STUART having replied,
His Hosrours gave judgment with respect to the general
right of the Court to interfere in such a case as the present.
He had no doubt that it had an inherent right to exercise its
jurisdiction in cases of fraud, unless the Act of Parliament
was so precise and cogent as to take that right away. Now,
in the present case, there was nothing in the words of the
Act that expressly declared that the East India Company
should be liable to pay the bonds in whosesoever hands
they might be, or by whatever means they had been
obtained. It was not to be said that if A came to the East
India Company with bonds in his hand, and he was knocked
down by B, who by that means got possession of them, that
the East India Company were bound to pay the amount to B.
The case of the plaintiff presented a case of fraud, and that case
bad not been met by the other side. The whole matter, It
was true, might be explained, but that explanation remained
to be given, and the Court could act only upon the case before
it. The plaintiff's wife, it appeared, lived, if his Honour
might use the expression, in amicable separation from him;
she died in October, having at that time belonging to her
certain East India bonds. It was, represented that the
daughter of the lady, who lived in a separate dwelling from
the mother, came there after her death and took the pro-
perty away. The plaintiff then took out administration and
prima facie, it did not appear that Mrs. Marshall had any
legal right to those bonds. Then the present application was
made to the Court that Mrs. Marshall, the daughter.
should be restrained from parting with the bonds, and that
the Rut India Company should be restrained from paying
them either to Mrs. Marshall or any other person. Now that
application appeared to his Honour prima facie to be one
that ought to be granted. If the injunction to that extent
was afterwards proved to be too large, the party making the
application -Would have to pay the costs. With respect to the
party having possession of some of the bonds, it might be
right to dissolve the injunction upon, a proper case being
made for that purpose, but no such case had at present
been proved before the Court.
Mr. &rum-IT—Does your Honour think that it is possible
to retain the injunction against the East India Company with
respect to all the bonds?
His HONOUR considered that he had not at present a case
before him, calling upon him to dissolve the injunction with
respect to any of the bonds. As to the statement, that if the
Court interfered it would enable the thief to part with the
bonds with greater facility, his Honour considered that
there was no foundation for such an assertion, for if the
Court exercised that authority, which it undoubtedly pos-
sessed, the thief would be less likely to obtain the bonds.
His Honour would therefore continue the injunction, but
would reserve the question of costs, because it might appear
upon further discussion of the case what thetruth of the facts
realty was.--Injunction continued.
Mr. BETITELL said he had another application to make in
the same case, against the Messrs. Rothschild, in respect of
certain Dutch bonds which they admitted to be in their
possession.

Mr. TRIPP, who appeared for the Messrs. Rothschild, had
no objection to the application, provided Mrs. Marshall had
been served with notice.

Mr. BETIIELL said that she had. He thought the best
course would be, instead of moving to restrain the Messrs.
Rothschild from parting with the Dutch bonds, to allow them
to sell them, and bring the money into Court, and then dis-
miss the bill against them, paying their costs.
Mr. TRIPP said that his clients, the Messrs. Rothschild,
had had notice from a respectable firm in Lincoln's Inn that
the bonds had been purchased by trust money.
Mr. BURGS, on behalf of the parties principally interested,
had no objection to the proposition of Mr. Bethel!.
The COURT then ordered that Messrs. Rothschild should
sell thh bonds admitted by- their answer to be in their pos-
sessii-m, and bring the amount and the dividend into Court
within two months, and , that therefore the bill should be
dismissed as against them, with costs, to be taxed by the
Master, and paid out of the monies standing to the credit of
the cause.

(Before Vice-Chancellor WIGRAM.)
TESCHEMAKER V. SHIERENS.
This is a snit on the part of Mrs. Teschemaker, formerly
Mrs. Shierens, against the next of kin to her deceased
daughter Albertina Shierens. Mr. and Mrs. Shierens were
married in Demerara in 1816, and there was issue of two
children ; and a settlement made between the parents gave,
in case of the death of one of the parents, one-half the pro-
perty to the surviving parent, one-half to the children. ex-
cept that, in case the wife being survivor, should marry she
should have but one-fourth of the whole. Albertina, the
aaughtee, had died before coming of age, and the mother
Mrs. Teschemaker. had appeared to have the daughter's por-
tion paid over to her. His Honour ordered inquiry as to
the effect of the Duch law in Demerara, and as to the next
of kin.

IN RE LONDON AND SOUTH-WESTERN RAILWAY.
This :petition prayed, on behalf of this Company, that the
deposit of 35,0001. in Exchequer Bills, and 6621. 18a. in cash,
made according to Act of Parliamen, might now be paid over
to them. The order was granted. '

IN RE PRESTON IMPROVEMENT ACT.
This petition on the part of the Vicar, prayed the payment of
certain costs incurred preliminary to to the sale of the vicar-
age, in terms of the Act of Parliament, which directed the
payment of incumbrances on lands out of the purchase
muuey. His Honour thought the petitioner should have
claitned out of the invested fund, as against the Commis-
sioners, and could not therefore• make order in terms of the
petition. ,

• coma' OF QUEEN'S BENCH, N0v.22.
The early part of the day was occupied in hearing a case
upon a bill of exchange, which, it was contended upon the
one side was a valid bill, passed for a consideration, and upon
till', other that it ceased to be a debt, having come within the
o!:,eration of the statute of limitation,

EX PARTE. SIR JAMES SOUTH.
Counsel on behalf of Sir James South moved for a rule
nisi 'for a criminal information against Captain Grover for
writing a letter tending to provoke a breach of the peace. The
affidavit of Sir James stated that in October last he wrote
some letters to the Times newspaper, which were published,
and which called public attention, and that of the Royal So-
ciety, to the fact that the names of several persons had
been published as belonging to the Provisional Committees
of certain Railway Companies, and having the letters " Ir.R. S."
affixed to them, to which they had no claim whatevor.
Amongst those was the name of Captain Grover, who stated
in a letter to the Times that he was a fellow. When the
matter in public terminated, Captain Grover wrote to
Sir James a friendly letter, in which he com-
plained that he had done him an act of injustice.
This letter Sir James did not answer, and treated two others
which followed with silence also; but the third contained
the language 'which had given rise to the present action
such as cowardly knave," Bse. The Counsel then addressed
the Court at great length upon the impropriety of using such
language from one gentleman to another, and the conse-
quences_itat were likely to follow it.
Lord DENMAX, in giving judgment, said it appeared to
him that there had been a great deal of m;sconception
upon both sides. The object of Sir James was evidently
to bold up certain parties to public observation under the
circumstances stated; but as those letters contained no alle-
gation of misconduct, they did not warrant a recourse to
personalities. It was quite evident that Captain Grover had
used language in his letters which he (Lord Denman) had no
doubt he would upon reflection very much regret. However,
the Court did not think the circumstances such as would
warrant it in granting the application, and thereby be a
means of keeping up ill-feeling. It was therefore hoped that
the matter would end here, and that no more would be heard
about it.

favour of the rate were improperly allowed, and 41 against it
had been improperly rejected. In fact 115 bad votes had
been taken, and 41 good ones rejected. There was a Joint-
Stock Company in the parish of Wakefield, called the Aire
and Calder Canal Navigation Company. A persois named
Wilkinson, a clerk to that Company, claimed the right of
voting on behalf; and entered six votes in favour of the rate,
although he, admitted that he had received no authority to
do so. A station of the Leeds and Manchester Railway was
in the town, and the staaon-master claimed the right of
voting on behalf of the company, although he admitted that
he had received no special authority to do so, and entered six
votes. The same circumstance occurred witii regard to a gas
company, a water company, the trustees of a proprietary
school, and other establishments of a similar nature. Under
these circumstances, it was evident that if a proper scrutiov
bad been made, the majority of 15 would not be in favour of
the rate. There were instances of persons voting as agents
of private partnerships; and, on one occasio*, a magistrate
of the West Riding entered six votes, as representing some
out-buildings of a lunatic asylum, although he admitted
that he was not one of the visiting magistrates,
nor had he even any authority from his brother magistrates.
There could be no question as to the jurisdiction of this
Court in these cases. It had been held by the Court of
Queen's Bench, in the case of the King v. St. Margaret,
Westminster, that although the Court could not issue a man-
damus, compelling the parishioners to make a rate, yet it
could issue a mandamus to call a meeting of the parishioners,
in order to consider the propriety of making a rater The case
was, therefore, plain, that this Court could issue a mandamus,
calling a meeting of the parishioners of Wakefield to take their
opinions on the question as to this rate. A caveat had been
entered against the rate in the Ecclesiastical Court, but that
circumstance did not interfere with the power of bringing
the case under the cognizance of a temporal court. Some
doubt existed as to whether a scrutator was necessary in a
poll, but in this case there could be no doubt, as the
returning officer himself had admitted the necessity
of a scrutiny. He had the power of having one if he thought
proper, but as he did not this application was made with the
view of compelling him to enter an adjournment of the vestry
from the 14th, in order that the question might be again
considered, or to compel a scrutiny of the list of voters.

Application granted.
THE QUEEN v. THE LONDON AND BIRMINGHAM RAILWAY

COMPA-NY.

Mr. BoVILLE applied for a certiorari to bring up an in-
quisition, by which a deodand was imposed, in order that it
might be quashed. It appeared that the inquisition was
held on the body of Charles Dean, in the month of August
last, and on the face of that inquisition there were several
fatal errors, which rendered it liable to be quashed. The
first was an irregularity in the mode of description. The in-
quest had been held at three different places, and it could only
be held to be complete at the last sitting; yet the
foreman in the verdict had said, " being now duly charged
to inquire, &c." That charge must have been given a
the first sitting, and not at the last, and could not
be described by the word " now." The other objections
were founded on a total absence of allegation of place. • The
accident was said to have taken place on a certain
railway, but the county or parish in which the said
railway existed was not mentioned. An engine
was described as moving to the death, striking certain car-
riages on a railway, but with no allegation of place. There
was also a bad arrangement of sentences in the return, which
totally disconnected the death from the cause; the collision
of the carriages was entirely separated from, the death of Mr.
Dean. The 6th and 7th Vict., sec. 2, cap. 83, bad provided
that inquisitions should not be held void, from
the omission of certain technicalities, which it described at
length; but the errors in the present inquisition were totally
out of the pale of the statute, and were necessarily fatal to
it, as no indictment for murder or manslaughter could be
founded on it. The Learned Counsel then cited several
authorities in support of his application. Application
granted.

THE QUEEN V. EDWARD MARSLAND.
Mr. PASHLEY mored for an attachment against the
person of Edmund Marsland, for contempt of Court, in not
attending as witness before the Revising Barrister for a parish
in the county of Chester, after having been served with a
subpoena to do so. This evidence was material in an objec-
tion raised against some voter's claim, and in consequence of
his absence the claim had been allowed.
Application granted.

COURT OF •EXCHEQUER, Nov. 22.
(Sittings in Banco.)
LORD Y. SIMMONS.
This was an action brought to recover compensation in the
shape of damages for a misrepresentation made by the de-
fendant in respect of a certain school, to which the defendant
pleaded Not Guilty, and‘the case was tried before Mr. Baron
Platt on the 11th instant at Nisi Prius, when the jury found
for the plaintiff, awarding him 1501. damages.
Mr. W. H. WATSON now moved for a rule nisi, to show
cause why the verdict should not be set aside, and a new
trial had, on the ground that it was against evidence. It,
would appear, that some short time ago, the plaintiff per-
ceived an advertisement in the public prints, stating that a
school was to be disposed of in a beautiful part of the coun-
try, which afforded an, excellent opening for any young man
who was desirous of commencing business as a school-
master; and directing that enquiries should be made
at M. De Porquet's, the French bookseller and school-agent,
in Tavistock-street, Covent-garden. The plaintiff, being
anxious to embark in such a profession, applied at M. De
Porquet's' and there learned from a paper signed by the de-
fendant, that the school was situate at Brill, in Buckingham-
shire. The school consisted of twenty-five boarders
and twenty-five day scholars, and the academy was
carried on in a very excellent hon.!•, replete with
fixtures and other conveniences. The defendant assigned for
the reason of his giving up the establishment, tLat he had
just succeeded in getting a Post-office appointment i:r3OOL,
and he could not attend to it; and eventually relying upon
these representations the plaintiff agreed to take the school.
He paid upwards of 401. for the fixtures and goodwill of the
establishment, and 1301. for furniture, snaking in all 170/.,
but on his going to take possession of the estab-
lishment, he discovered that he had beeen deceived by the
defendant, there being only two scholars, and the house
itself being in a very dilapidated state. He complained of
this to the defendant, but finding he could get no redress
from him by remonstrance, he was 1 iven to the present
action, and the jury awarded him that which the defendant
denied him. The Learned Counsel, however, con-
tended that they had done so erroneously, for
it was elicited on the trial that the plaintiff
was cautioned by a former applicant, that he was deceived in
the impression he entertained of the flourishing condition of
the school; and he was distinctly told by the defendant that
the school was in a depiessed state, but the clergy of the
parish would make good the deficiencies. Ho therefore con-
tended there was no misrepresentation, or at all events, if there
was the plaintiff had allowed himself to be deceived with his
eyes open, and as it was a well known rule of law that a party
having the means of knowledge had no remedy if he allowed
himself to be deceived, the verdict ought to be set aside.
Mr. Baron PLAIT said he was decidedly of opinion that
there was gross: deception 'practised upon the plaintiff, for
the goods which were sold for 401. were only worth 18/. 18s,.
and instead of the defendant holding a lucrative Post-office
situation, he was a stationer in the Edgeware-road, a penny-
post attached to his shop.
Mr. WATSON replied that the plaintiff had the means of
knowing all this, and he rushed into the difficulty with his
eyes open.
Mr. Baron ALDERSON said it would appear, from the re-
mark of his Learned Brother who tried the cause, that he
was satisfied with the verdict; and •he thought, therefore,
that the Ltarned Counsel had better endeavour too PlOw
the damages were excessive. .
The Loun CHIEF BARON—I should, like‘ to knoW if the
remarks of Mr. Watson have made any impression on the
Learned Judge who tried the cause. . , •
Mr. Baron Pharr—No, indeed, they have not. • •
Mr. WATsosi said the Learned Baron had taken a very
violent• view of the ease. With regard to the damages being
excessive, that must be evident to everybody. The plaintiff
was still in possession of the school and the' furniture, andia
sufficient equivalent for the money he had expended. Besides,
he had,allowed himself to be deceived with his eyes open, arid
had means of knowing the actual position of the school, but
neglected to avail himself of those.
The LORD CHIEFBARON did not think that fact mitigated
the deception.
Mr. WATSON—Why, my Lord, if a man represents a horse
to be sound and the liorse walks lame before him, surely the
party purchasing the horse with his eyes open cannot after-
wards complain of deception.
Mr. Baron PLATT—Suppose the horse is warranted to have
two eyes but only has one, and
Mr. Warsos—Just so, my Lord; the party purchases the
horse while staring at the pale eye ! Can he afterwards
complain of the deception ?
Mr. Baron PLATT—But suppose the purchaser is blind,
would ha not have a right of recovery?
Mr. WATSON—Why, my Lord, that alters the case. There
the party has not the means of knowing that he is being de-
ceived.
The Loan CHIEF BARON said the Learned Judge who tried
the cause being satisfied with the verdict, they must con-
form to the practice of the Court, and not disturb it. With
regard to the damage, it was evident that deception had been
practised, and the Court could not reduce them.
The rest of the Court concurring in this opinion, the rule
was refused.

COURT OP COMMON PLEAS, Nov. 22.
(Sittings in nanC:'•)
%Vitali V, tivicittß AND &rnEns‘.
Mr. Sergeant CHANNET, on the part of the defendant Hun-
ter, and Mr. Sergeant SIIEA, on the part of the other de-
fendants Sidney and Thompson, showed caused against a rule
moved by Mr. Sergeant Talfourd, for a new trial in the above
case, which was an action for an illegal distress. On
the original trial the defendants had pleaded Not
Guilty, and also that the distress was made under a fieri
facias, instructing them to seize the gees of plaintiff for a
debt due to Mr. Gurney. The replication was that the tres-
pass of which the plaintiff complained was not the
original
distress, bat that the defendants remained in possesion :fter
receiving a notice from Mr. Gurney that they were to with-
draw from possession. To this the defendants pleaded that
the notice received by them from Gurney was not a notice to
withdraw entirely from the distress, but only to give up
certain goods which had been claimed by a third party.
The notice, which was produced in evidence, was as fol-
10W5:—

" Gurney s' Wallter, withdraw, under fieri facies herein, the
goods being claimed."
The ycliet of the jury was for the defendant.
It was now represented, on the ple, of the defendant?, that
the above hotice Only mear'.." withdraw from possession of
the gdtkts Which haVe been claimed," and that the &i.,"-
dents were justified in retaining in possession of the goods.
sergeants ertAti!l% arid Suit: having spoken at some
le Oath stiplidit or tile above Vreifi
Mr. Sergeant TAtiouitti replle,d otraiepatE of, ihe plantain
oltid urged thei thenotlee applied tO all the ptidds seitiec; Arad
that tne words "the goods being claimed aitiotitited
to a statement that the reason for withdrawing the distress
was, that some of the goods were claimed.
The COURT confirmed the jury's verdict, being of opinion
that the meaning of the notice was as represented by the de-
fendants.

-
MARCAROT•STREET CHAPEL.—Several members of

the congregation of the Rev. W. U. Richards, successor to
Mt; Oakley, minister of Margaret-street Chapel, have re-
cently entere4 thA Church of Rome. We may add, that,
•"--sv is Mr.
among the more recent converts to A Pr '
brother of the ex-reverend gentlemen who has late,., passed
• "Capes a
from the ministry at Bridgewater to mathematics al Prior
Park. It is really a subject of universal surprise that these
occurrences produce neither protest nor precaution on the
part of the ecclesiastical a,uth9rities,--. Church and State
Gazette.

FLOGGING AND IMPRISONMENT IN THE ARMY AND
NAVY.—It appears by Parliamentary papers, that In the five
years 1839 to 1843 inclusive, flogging in the army and navy
was inEcted on British soldiers, seamen, and marines, in
14,813 cases, being at the rate of '246 cases of corporal
punishments in every month of th e aforesaid period. It fnr-
ther appears by the same docum ant that there were 41,363
commitments of soldiers to priser 1, being at the rate of 689
commitments per month, during 1 ;he five years aforesaid.
Count de Jarnac, the Fr ench Chargé d'Affaires,
has taken the mansion uf Lad g Wilmot Horton, ...in Upper
Brook. street, for a limited period , and the Count and Countess
removed to their residence, from the French embassy the day
before yerstradAY.

POLICE INTELLIGENCE.
BOW-STREET.

On Saturday two men, named Claret' and Davis, were
placed at the bar, before Mr. Twyford, on a charge of steal-
ing a marble figure of a cow, value 201., the property of Mr.
Brown, a sculptor, in University-street, Tottenham-court-
road.

It appeared, from the evidence of a workman in the employ
of the prosecutor, that the figure was placed Tor show in the
sculpture-room of his house, which was open all day, and,
about a fortnight ago, was missed. It was so heavy that it
would require two men to carry it away. He had since seen
the same figure at the shop of Mr. Whistler, a pawnbroker,
in the Strand.

A shopman in Mr. Whistler's house proved that the cow
was brought to his master's shop by the prisoners on the
Ist instant. They placed it on the counter, and said they
wished to pawn it. Witness lent them 30s. on it. A day
or two afterwards Davis called again, and inquired whether
witness could not advance more money upon it. He gave
him another sovereign, and. told him that, if he would call
again, he would ascertain its value, and, if possible, grant
him a ftrather loan upon it. In the meantime, however, they
were both taken into custody.

Joseph Thompson, a police-constable, stated, that from in-
formation he received, he apprehended Clarey about a week
since. He told him he was charged with stealing a cow,
upon which he declared he knew nothing of it. He subse-
quently took the other prisoner into custody, and, he on learn-
ing the charge, said he had been employed by Clarey and a
man called " Jerry " (a well known thief) to pawn the cow,
and that he had received only two shillings as his shar;.‘. of the
proceeds.
The prisoners, who declined making any defence, were com-
mitted for trial.