The Sun.
London, England, 1845-07-28 00:00:00

MONEY AND CITY NEWS. LAW IN T ELLIGFIs- CE.
CITY, FRIDAY EVENING. I COURT OF CHANCERY J 9g.
The Share Market has been in a less excited state to-day, but, Cause and lunatic petitions occupied the Lord Chancellor the
notwithstan ir7, 1 u-mess on an extensive scale continues to be whfl. r orning.
transacted. Ths .tt,ling securities, such as North Midland, York The .Ma-ter of the R 1;s and Vice-Chancellor of England
and North alidla d, and Birmingham, were not so heavy in ap- j heard cause petitions and short causes, none of which were of
pearance as yest, lay, the sales not being as large as was generally any interest.
expected. Ind- -,, the unsettled condition of things yesterday was ( Before the Vice-Chancellor Wic RAM.)
mainly produced by the fear of the speculators inside the house, THE EAYMARKET THEATRE " USED UP."—MATHEws v.
who imagined that immediately the decision of the York Direct WEBSTEE.
project spread through the country, there would be extensive Mr. ROMILLY applied yesterday exparte, on behalf of Mr.
orders for sales. As this has not proved to be the case, the market Charles 'Mathews, for a special injunction. to restrain Mr,
has become firmer, and a greater degree of confidence is established Webster, the proprietor of the Haymarket Theatre, from per-
among the dealers. The shares of the different lines favoured by forming a piece which has now run for upwards of seventy
the reports of the Committee on the York line, and on the gauge nights, called Used Up.
question, including the Oxford and Worcester, and the Leicester Before the Learned Counsel went into the facts of the case,
and Bedford, have in each case been well supported by purchases, The VICE- Cita ISCELLOIt suggested that notice should be
but no further advance in ptices has taken place. Cambridge and given to the other side, who would directly accept short notice,
Lincoln, and Direct Northern, remain fiat, without any prospect at and the matter might be brought on this morning.
present of improvement. Brighton shares have been extremely Mr. Webster's solicitor, who happened to be in Court in
good to.day. Large purchases are made notwithstanding the late another case, agreed to this, and it was arranged that the appli-
continuous advance. An issue of new shares is talked of, which cation should be made to-day.
is one inducement to persons buying a security which is already Mr. ROMILLY this morning stated that on the part ref Mr
paying a high rate of interest. The new shares are required for Webster, several affidavits had been made, which it was neces-
raising capital to carry out branch undertakings. Blackwall shares nary Mr. Mathews shoul,l answer, and he had therefore to re-
are steady, at the late rise. It is understood that the Eastern Coun. quest the Court to allow hiin to make the application on Tues-
ties Company propose to lease the Blackwall line at the rate of 4 day next.
per cent, per annum, and this proposal is believed to be the cause '1 he VICE-CHANCELLOR inquired whether the motion was
of the advance within the last week or ten days in the shares of the to restrain Mr. Webster from acting the piece at all. or from
latter Company. The market for foreign shares has not shown stating in the bills that it was the composition of another person.
material variation, but quotations are firm with a slightly improving Mr. ROMILLY replied both.
tendency. It was then arranged that the motion, should be made on
A correspondent, who has several times called attention to the Tuesday at the sitting of the Court.
7th and Bth Victoria, cap. 110, convinced that the legal enact- We understand that Mr. Mathews asserts that he composed
ments were not complied with in many cases, has given a short and arranged the piece for the stage, while on the other hand
summary of some of the leading provisions, which may be useful Mr. Webster declares that it is only a translation from a French
to those who will not take the trouble of consulting the Act itself : author.
—"By the 7th section it is declared that it shall not be lawful for His HONOUR gave judgment in the case of " Wilmot r.
any joint-stock company thereafter to be formed for any purpose Pike," " Kay v. Wall," and " IVilkins v. Niitib‘."
within the meaning of that Act, to act otherwise than provisionally, The Court then proceeded to hear short causes, and cause
in accordance with that Act, until such company shill have obtained petitions.
certificate of a complete registration as thereinafter provided. By the The Vice-Chancellor KNIGHT BRUCE did not sit to-day.
23d section of the same Act it is declared that on the provisional
registration of any company being certified by the registrar of
joint-stock companies, it shall be lawful for the promoters of such
company to act provisionally, and to assume the name of the in.
tended company, but coupled with the words Registered provi-
sionally,' to open subscription lists, and also to allot shares and re.
ceive deposits. By the 25th section It is declared, that on the
complete registration of any company being certified by the regis-
trar of joint-stock companies, it shall be lawful for the said com-
pany, amongst other things, to issue certificates of shares. The
registrar, by sec. 21, is entitled to claim, towards the expenses
of his office, for a certificate of complete registration, the sum of
51., and Is. additional in respect of every 1,0001. value of the
capital of the company; and if the Act was obeyed, the share-
holders, by the second provision of sehedule A, would be, on com-
plete registration, in a position in a great measure to protect them-
selves, by convening an extraordinary meeting of the company, on
a requisition of not less than five of their body."
Having inserted yesterday some remarks ors Irish speculators
who have sold in the English market, we ought In justice to state,
on the authority of some of the leading brokers, that many of the
large landed proprietors of Ireland take great interest in their
national railways, and invest largely in them.—Times.

FATAL STEAM-BOAT ACCIDENT.

On Friday evening the inquest on the bodies of the three men,
David Davis, Thomas Richards, and Benjamin James, who were
drowned by the upsetting of a small boat, belonging to the Cullo.
den, under circumstances which have already appeared in this
journal, was resumed before Mr. Payne, at the Vestry-hall,
Horsleydown. On the re-assembling of the jury that evening Mr.
S. Fry, a solicitor, appeared on the part of the captain of the Prince
of Wales steamer.

Mr. John Bunyon, the clerk of the Watermens' Ccmpany,
attended at the request of the Coroner, and stated that, by one of
the by laws of the company, no vessel navigating between Lon-
don-bridge and the eastern limits of Limehouse-reach, was to go at
a speed greater than five miles an hour, but he believed that the
regulation applied to vessels going within that distance.

; -
Francis Enson, principal engineer of the Prince of Wales, said,
that at the time of the accident the wheels were not making more
than twelve evolutions a minute. The wheels were eighteen feet
in diameter. We go at the same speed with or against tide.
Captain Davis, a master mariner, said that 13 evolutions would
propel the steamer four miles an hour ; and if going with the
tide four miles more, making her speed eight miles an hour.
It was necessary for her to go at such speed, or she would not
answer her helm.

klenry Forss, the captain of the Prince of Wales, said that
vessel was 200 feet long and 21 feet broad, and at the time he must
admit she was going about seven miles an hour over the ground.
The tide as not running fast, not more than two miles an hour,
and the Prince of Wales was half an hour getting from London-
bridge to Deptford. It was his opinion that the accident
was caused by the men having the mooring chain over the stern of
the boat.

This being the whole of the evidence,
The CORONEZ addressed the jury, and said, there were two
questions for their consideration,—was it the swell from the
Prince of Wales that caused the death of these men P if they were
satisfied it was, it would be then for them to say whether they
considered the captain was navigating that vessel at a proper pace
or not

The room was cleared of strangers, and, after some deliberation,
the foreman said that the verdict was a unanimous one of " Man-
slaughter against Henry Forss, captain of the Prince of Wales
steam.boat," who was forthwith committed to Nengate on the
Coroner's warrant

The foreman of the jury handed the following to the Coroner :

" We, the undersigned jurors assembled on the inquest held on
the bodies of David Davis, Thomas Richards, and Benjamin
James, having closely investigated all the ciicumstances of this
melancholy affair, respectfully request the Coroner will represent
to the Home Secretary of State and the Court of Aldermen the
absolute necessity of promptly making stringent laws fcr the regu-
lation of the conduct of the commanders of steamers in navigating
the pool ; the reckless speed at which they now go (proceding in a
great measure from their rivalry), endangers the lives and property
of every individual whose business or avocation is on the river
Thames. The jurors are convinced nothing but the strong arm of
power and rigid enforcement of well considered regulations can
abate the nuisance; and they are further of opinion that if the
Corporation of the City of London has not the requisite power, it
is an evil which calls loudly for the interference of the Government
and of the Legislature."

VIOE-CIIANCELLORS' COURT. Ali, •,5
MATHEWS V. WEBSTER.
Mr. ROGERS moved in this case for an ex parte injunction,
restraining Mr. Webster, the lessee of the Haymarket Theatre.
his agents and servant, from performing or representing, or
causing to be performed or represented, the well-known far-e,
Used Up, without the permission of the plaintiff. Mr. Charles
Mathews, by whom the play had been translated and a apt el
from L' H mine Blase. Mr. Mathews's affidavit stated that
in February, 1644, he had composed and prepared for dramatic
representation the farce Used Up from the Frenc . play. and
had adapted it for the Englc-h stage. He had himself played
in it until very lately, when, in consequence of a quarrel wi' h
Mr. Webster, he had ceased to do so The farce had hen
represented seventy seven rights. and had been announced as
the work id Mr. Mathews, who had alte-ed, transposed, and
re-written the greater part of it. He claimed, by virtue of the
recent Copyright Act, to be the author of the farce, and until
the 2251 instant, had been represented as such in the play-hills
issued by Mr. Webster. Since that time it had been announced
to the theatrical world mud tl e public with the name of M.
Rourcicault, and Mr. Mathews had not played at the theatre.
It was advertised for performance this evening.
The VtcE-CiiascF.LLOK—What is announced for to-mor •
row night ? Yen had better wait until to-morrow. Acting it
for one night cannot do you much harm, and the injunction
would cause some inconvenience prolsably, this minion being
made without notice. All cases of ex parte injunction you
know are discretionary.
Mr. ROGERS—Perhaps your Honour would be kind enough
to look at the playbill (handing it up).
VICE-CHANCELLOR—I am engaged for this evening, Mr.
Rogers.—( Laughter.)
Mr. ROGERS—It is a very popular farce, and the lessees may
probably realise a large suns by this evening's performance.
VICE-CHANCELLOR—Perhaps many of the public will not
go if they know Mr. Mathews does not play. The inconveni-
ence of waiting until to-morrow cannot be very great.
It was understood that the solicitor of the Haymarket The-
atre, who happened to be in Court, consented to accept short
notice of the motion for to-morrow (this day).
ARADBURY V JOHNSON—MR. AND MRS. CAUDLE.
Mr. BETHELL stated to the Gant that he had two applica-
tions to make for injunctions, which he had no doubt his Ho-
nour would have the greatest pleasure in granting. He was
moving on behalf of a personage who must have afforded his
Honour much gratification when young, and had also added to
the amusement of the last year. For some time past a system
of pirating had been practised upon this amiable gentleman ; the
perpetrators of the outrage had been allowed to continue. with-
out interruption, fur some time. The writers of melo-drama.:
had, amongst others, cainrnitted the grossest piracies, and vari-
ous publications had at times endeavoured to t nliven their
readers by extracts fry m Punch ; last it had lately been dii,co-
vered that several periodicals had extracted whole articles, with-
out any acknowledgment whatever of the theft, and had continued
weekly to copy largely from the plaintiffs publication. PuncA h d
frequently warn id these prates that he would gibbet them, if
they continued to do so. His Honour was aware that Punch
had added to the gallery of illustrious British characters two
personages who would be remembered as long as matrimonial
discord should exist—he alluded to the renowned Mr. and Mrs.
Caudle, and that the latter had increased the stock of ideal
literature by her very entertaining lectures. It had been dis-
covered that many of these far-famed lectures had been trans-
ferred wholly into the pages of the Hereford 7 imes, and there
was not even an acknowledgment of the theft ; but the readers
of that publication were left to suppose that such excellent
articles could be written by the ed tor himself. He might with
propriety apply the lines of Horace,
" 0 imilatares servum peens, ut mihi ssepe
Bilem, tteepe jicum vestri movere tumultus
It was against the proprietor of this publication that he asked
for one injunction. The next application was upon a subject in-
timately connected with this. It was at all times acknowledged
that the public wire gratified by having some sort of remem-
brance of those by whom they had been charmed in b • -gone
days—they were pleased at having such features impressed upon
their minds. Now this hail occurred to Mr. Punch, who, to
gratify the public taste, had with his own pencil traced upon
paper the lineaments of his hero and heroine ; this had supplied
a great desideratum to those wino had not sufficient imagina-
tion to bring home to their fancy the great originals. The
Learned Coun,el here handed up to the Court the picture of
Mr. and Mrs. Caudle, arid lieggi d to call the attention
of Isis Honour m st particularly to the expressive anguish of
Mr. Caudle and the austerity of l.is better half; in point of
fact, every lecture seemed delineated upon her features; there
they were in the identiaal situation in which the lee, tires had
been delivered. The defendants had publishi d a copy of this
excellent picture, theugh he most say it was no more like
the original than brass was like gold; still it was ni cessary to
put a stop to these proceedings, arid he therefore trusted his
Honour would grant a second it junction to restrain the
publicatiou of this print. He would «h •w to the court how
universal had hi•en its sale throughout the country. If Non
left town for a short period, and re.ided at a waterit g place
for instance, there was the letter paper maan which were
described the beautii s of the place, headed by a picture of
Mr. and Mrs. Candle. If a shopkeeper desired to ingratiate
himself with his customers, he left a card with a likeness of
Mr. and Mrs. Caudle, and so in all parts of the country had
the pictures of Mr. and Mrs. Caudle been circulated. It
was the desire of the plaintiff to hang up the perpetrators of
these piracies as scarecrows, to frighten all those who would at-
tempt to do the like. There were affidavits filed in support of
the applications, in which it was set out that the plaintiffs,
Messrs. Bradbury and Evans, were proprietors of Punch.
His HoNoun granted both injunctions.
Daring the whole of the application made by Mr. Bethall
the laughter on all sides was so immoderate from this strange
variation in the general dulness arid solemnity of a Court of
Chancery, that it was almost impossible to collect accurately
the speech of the learned counsel.

COURT OF IIANKLUPTCY, July 26.
(Before Mr. Commissioner FONBLANQUZ. )
IN RE CATIIERX.
This insolvent carried on business as a licensed victualler at
Portsea, and was opposfi.
A former petition had been discharged.
In the present i .sti.nce the first objection was that the peti-
tion stated that the insolvent had no estate, when in the
the amount of 211. ; and as the petition could not be mended
goods, debts, promissory notes, &c., to
ts
hc
e h3edlru.liei petitionuh must
Ge t returned
s abiesaid
that.di
the point had been wonted before
Mr. Commissioner lioulburn, who said that the objection
ought not to have been made, and directed that the debts
should be altered to " doubtful," which was done. The Learned
Commissioner also observed that the insolvent was entitled to
excepted articles to the amount Of 20/.
The apposing solicitor said that, with all due deference to
the Learned Ci mmi&sioner Goulburn, he had ito power to
direct the amendment, it being quite in opposition to the Act
of Parliament.

The lev.rned Commisioner FONBLAICQUE said that, debts
might be considered good one day, Doubtful the next, and posi-
tively bad the next.
The solicitor submitted that the petition must he dismissed,
inasmuch as the insolvent had sworn that he had no estate when
it was evident he had.

The Learned CostNtissloNEß said that the only remedy for
that was to prosecute the insolvent for perjury in making such
a stassment ; but he thought that they would not be she to
establish it in such a case. He considered that the amended
schedule ought to be admitted.
The insolvent was then examined at great length, but said
that he could not state the particulars of his d bts, as he had
no books or papers.
Mr. Huctaxs said that Mr. Scott, a solicitor, who had pre-
pared the former schedule. had got possession of them, and
would not give them up or 4/trti any facilities.
Th.+ Learned COMMISSIONER said that the case must be ad-
journed; he could not adjudicate without the books were pro•
duced.

Mr. HUGHES applied for a summons to Mr. Scott, which
was granted.
The Learned CosistissioNrst said a stop must he put to the
system of getting rid of books. An insolvent had no right to
give them up to any one, and ought to prepare his own balance-
sheet on his own premises. At present it seemed that alt a
trader thought it necessary to do was to hand his books and
papers over to an attorney or accountant, so that he might
come up without them, and so conceal them from the Court.—
Adjourned.

ASSIZE INTELLIGENCE.
HOME rinctim—ith,idst ne.k 24.

„CROWN COURT.—(Before Mr. Justice COT.ERIDGE
CHARQE Op m u RDER AND ARSON. - Charles Simms,
aged 23, a well-dressed young man, was indicted for having
wilfully, and feloniously set tire to a certain dwelling-house, at
Faversham, he well kno.ing that one Thomassin Pymm Payn
was therein at the time.
:rb!! prisoner was likewise arraigned upon the Coroner's in-
quisition for the murder of Thomassin Pymm Payn.
The first indictment was proceeded with.
Mr. Clarkson and Mr. Deades conducted the prosecution,
and Mr. Bodkin, with whom was Mr. Horne, appeared for
the prisoner.
The trial commenced on Thursday, and occupied the Court
from mid-day until past eleven o'clock at night, during the
whole of which time the Court was crowded, and the case ap-
peared to create great interest.
A considerable number of witnesses were examined, but the
ease will be much better understood in the form of a narra-
tive. It appeared that the prisoner had been formerly in the
service of a grocer at Canterbury, but last October he came to
Faversham, and set up in business for himself. He at first
occupied, with his wife and an infant child, two rooms in
West-street, in that town. This was in October; and in
the February folowing he removed to another house in
the same street, wl•ich was jointly occupied by himself and
a person named Payn. and where he again carried en
the business of a groeer • he living, with his family, on one
side of the house, and Payn and his family on the other, the
passage from the street-door being between them. It has been
stated that the family of the prisoner consisted of himself, his
wife, and an infant ; and Paso his wife, and a cousin, the un-
fortunate deceased, constituted the other family. The fire in
question took place between eleven and twelve o'clock on the
night of the 29th of April. Smoke was first seen issuing from
the passage of the house, and very soon afterwards the side of
the house oecui.i.d by the prisoner and his family was dis
covered to be in flames. An alarm was speedi.y slit en, arid
the prisoner with h.s wile and child were ti ken irom the house
in their night clothe, and Mr. and Mrs. Pain were also taken
out in safety ; but the deceased was either suffocated, or
else the terror was too much for her; but, however, she