The Sun.
London, England, 1842-12-19 00:00:00

PORTUGAL.

LISBON, DEC. 12.—The Portuguese Government
had the views of the English Government on the
tariff question under their consideration, and Lord
Howard had had an interview with the Duke of Pal-
mella, but it was not anticipated that any immediate
result would be arrived at—unless, indeed, the Duke
thought proper to break off the negotiations. The
real difference between the two Governments was
not believed to be very great, as the Portuguese do
not attempt to abide by their so-called " ultimatum."
It appears by tables published at Lisbon, giving a
list of all classes of British goods that pay a duty equi-
valent to above 25 per cent. ad valorem, that there
were 161 kinds of cotton goods thus situated, and the
average duty on which amounted to 47i per cent.; 65
of woollens, averaging 59-li per cent. ; 27 of linens,
averaging 53 1-3 d per cent.; and 88 of hardwares,
averaging 891 per cent. The duty on British earth-
enware averaged 761 per cent. ; and that on porcelain
130 per cent. Newfoundland salt fish was taxed
with a duty of 53 per cent. ; Irish butter paid 321 per
cent.: English cheese from 40 to 60 per cent; and
what makes the latter case the worse is, that in defi-
ance of our treaty, Dutch cheese is admitted at lower
duties than English cheese; the former paying only
1*(1. per pound weight, while the latter is taxed, the
commonest double, and the finer sorts four times that
amount.

It appears that out of our total imports into Por-
tugal in 1840, the declared value of which was
1,110,2441., cottons alone amounted to 728,3091., and
of these two-thirds were supposed to pass into Spain,
leaving about 600,0001. as the value of British goods
actually consumed in Portugal, and against which
she has to set off the wines, fruit, oil, wool, &c.,
which she exports to England to a far greater amount ;
yet a writer in the Repolncao, by the easy process of
doubling the value of British goods imported, ditto
of the interest paid on the Portuguese debt, and
adding both together, and by assuming further
that the British goods which enter are all, or nearly
so, for Portuguese consumption, and on the other
side by vastly underrating the amount paid by us
for the wines and fruit of Portugal—contrives to make
out a ridiculous balance of about 9i millions sterling
against Portugal, and which he says the latter has
to pay in hard cash every year as the result of "Bri-
tish connection."
The cause of Senhor Silva Cabral v. the Nacional
newspaper for a libel, in charging him with the author-
ship of the
.late publication against M. Diet; and
station that they knew where the manuscript copy
existed, came on the 10th. No manuscript copy was
produced, nor was any evidence beyond hearsay
brought to connect the matter with Senhor Cabral.
The Nacional was, however, acquitted by the Jury.

STATE OF TRADE.
(From the Leeds Merc'iry.)

FOREIGN WOOL TRADE, LEEDS, I)EC. 16.—The
middle and low descriptions of Foreign Wool have
been in tolerable request during the past week, such
wool being most adapted for the China trade ; but in
the finer sorts no change of any importance has been
discernible.
V AKEFIELD WOOL MARKET.—There is no varia-
tion in our Wool Market this week. Sales in all
kinds'are limited; but as stocks continue small, any
sales that are effected are at the top quotations of last
week. There is scarcely any demand whatever for
blanket pods.
TRADE OF LEEDS.—There have been some heavy
deliveries of goods from the manufacturers this week
for the India and China markets ; but with this excep-
tion, the cloth markets at both halls have been exceed-
ingly dull. A more confident tone of feeling, how-
ever, prevails as respects improvement in trade after
Christmas. As usual at this late period of the year
there is very little doing in the warehouses, but a
very confident expectation is generally entertained
that an improvement will take place early in the new
year. Prices are firm, and the stocks of goods on
hand are much lighter than they were some time ago.
BRADFORD MARKET, THURSDAY.—We cannot re-
port any change for the better in the Piece Market ;
the merchants buy very sparingly, which is fully met
by the diminished production, and this has had the
effect of preventing any material accumulation. Prices
or all kinds are firm, and at the time of the year, a
slight advance may be fairly looked for. There is a
steady business doing in yarns, and at old prices ; sales
are not difficult to effect, which the spinners feel re-
luctant to comply with, consequently the mills con-
tinue still to be partially employed, and in many cases
working daylight only. The business done in wool
during the week is by no means an average, which
may be attributed to the pricesdemanded by the stapler
being such that the spinner cannot accede to.
TRADE OF MANCHESTER, THURSDAY EVENING.—
On 'Tuesday the cloth market was more flat than for
the three previous weeks, and prices generally were
lower. Since that day there has been no signs of
improvement, and the market to-day must be called
if anything still duller, and it is, in fact, difficult to
describe its real state. Twist is lower for nearly all
numbers, and the probability is that it will further re-
cede, if sales are pressed before the usual purchases
commence preparatory to the spring shipments.

NAVIGATION OF THE RIVER

YANG-TSE-KIAN G.

The following letter, dated Yang-tse-Kiang EiVer,
August 23, 1842, from Captain Ord, of the brig Li-
verpool, will be found to contain many important and
interesting particulars relative to this river :
" I left Amoy on the 21st of May, for Chusan, and
after a very severe dead beat along a coast and
through channels very little known, and almost with-
out charts, with the exception of a rough sketch chart,
I at length arrived safely at the latter place on the
11th of June. I completed loading, July 8, and pro-
ceeded to join the convoy lying in the outer harbour.
Here my misfortunes commenced. Among the Chusan
islands the navigation is the most intricate of any
part of the globe, the currents running with
fearful rapidity, and in whirlpools, and rendering
ships totally unmanageable, an account of which,
and the accidents that have happened, are too
lengthy for this letter. On the evening of the
Bth I was obliged to anchor in twenty-eight fa-
thoms, in a dangerous part, to avoid being driven by
the currents on the rocks, where the ship and cargo
would have been totally lost. At ten P.M. the best
bower parted ; came to again with the small bower,
close on the rocks. The windlass having carried
away, rode by the mainmast. This damage was all
done by the rush of the tide, there being but little
wind. I fired signals of distress, which were promptly
answered by her Majesty's ship Thalia, and by several
transports, who sent about 70 hands. At four o'clock
A.m. on the 9th, when the tide eased, we succeeded in
getting the small bower, but not until heaving off one
of the arms which had hooked a rock; after losing
another stream anchor and hawser, got into safe
anchorage by six o'clock A.M. We proceeded with the
convoy on the 10th, and after a quick and fine passage
arrived at Woosung, in this river,_ on the 14th July,
where we remained quiet until the 4th of this pre-
sent month, when we received orders from the senior
naval officer at Woosung to proceed to Nankin, in
company with
the Beretta Junior and the Sir Robert
Peel, under convoy of her Majesty's ship Harlequin,
and reached the point of the river on the 6th instant.
It is about fifty miles above Woosung, and about one
hundred from Nankin. It is the most dangerous part
of the river, with rapid tides and shifting banks, so
that the channel is very uncertain ; the width of the
river at this point, from shore to shore, is about twenty
miles. It is now my painful duty to give you an ac-
count of the loss of the ship. On the day in ques-
tion, steering after her Majesty's ship Harlequin, we
observed her suddenly ground; the Liverpool's an-
visor was immediately let go, and in turning round
she grounded also. 'The two other transports being
a little more astern, dropped their anchors also and
avoided the bank which is not correctly laid down on
the chart. We had immediate assistance from the
transports, and when the ship was once again swing-
ing to the stream, the capstan gave way, and the
bare end of the hawser being fast, slipped, and the
ship was then immediately forced on the bank again,
and all efforts to get her off failed. In the meantime
her Majesty's ship Harlequin had got off. On the
Bth, blowing strong, with a swell, the vessel strained
a good deal and became leaky. On the 10th we com-
menced discharging the cargo into the junks on the
ebb, and throwing overboard on the flood, as they
could not then lay alongside. We toiled incessantly
day and night, with every possible assistance, but on
he 11 th liwas convinced the ship would become a
wreck, there being six feet water in the hold, and
both pumps constantly going. I, with the assistance
of a number from her Majesty's ship Harlequin, corn-
menced saving and putting on board the junks every
valuable article, either to owners er underwriters. At
this period the ship had broken her back. On the
18th I abandoned the wreck, nearly buried in the
mwl, •ind divided the crew on board the two junks.' I
" P.S. SEPT. 11.—Since writing so far we have
reached within seven miles of Chin-Kiang-Poo (the
last place taken by the English), forty-five miles
from Nankin. Peace is now concluded, and the fleet
leaves on the 12th instant. The whole of the fleet,
consisting of seven sail, lave been on shore, son-!e
three or four times, so intricate is the navigation of
this river."

SIR Ca.tar.rs NUGENT —We are; happy in being
able to state that th's gallant officer has so far reco-
vered from the effects of his late serious accident, as
to be able to sit -up for some time every day. Sir
Charles, however, at his own request, remains at
Charing Cross Irospital, where every attention is paid
him by the officers of that excellent mAitution.
CARMARTIIENSIIIRE ELECTION.—The day fixed by
the Sheriff's proclamation for the election of a knight
of the shire for this county, in ths room of the ]ate
John Jones, Esq., deceased, is Tuesday, the 20th
instant, when the nomination will take place at Llan- I
db. No opposition to the return of Mr. Saunders i
Davis is expected,— Wehhman.

AMERICAN NEWS.
FIRE IN BUFFALO.

FROM THE EVENING PAPERS OF SATURDAY.

There were 12 buildings burnt in Buffalo on
Sunday last. The Gazette of Monday says—
" Our city was, on Sunday morning, visited with
the most disastrous fire which has occurred in eight
or ten years. The group of buildings situated on
both sides of Mechanic-street, erected by Benjamin
Rathbun, and now owned by Orlando Allen, Esq.,
was, with the exception of two dwellings, entirely
consumed.

The coach, sleigh, and waggon manufactory and the
blacksmith-shop of Mr. Rainey caught from the
barns, and were burned to the ground. A large
portion of the contents, however, was saved. Two
horses perished in one of the stables burned.
The night was bitterly cold—a strong wind blow-
ing and the' air filled with snow, which rendered the
efforts of our efficient fire department nearly unavail-
ing. The amount of the loss we have not been able to
ascertain ; but it will probably be from 25,000 dol-
lars to 30,000 dollars, including building, a consider-
able portion of which was covered with insurance.
The canal-boat Laporte, lying in the basin in the
rear of the buildings, was burnt to the water's-edge."

FROM THE MORNING PAPERS OF SATURDAY.

BeIRIT of the PUBLIC JOURNALS.

GLOBE.—A meeting was held yesterday in the
Ward of Tower, when a great number of merchants
and tradesmen of the highest respectability assembled,
to devise some means for protesting against the sur-
charges to which they had been generally subjected.
Forbearing studiously from expressing any opi-
nion on the policy of the Tax itself, they em-
ibodied in a resolution their desire to denounce,
in the strongest possible language, the " improper
and vexatious system of surcharges " which had
been, " without investigation or reason," and in the
face of " a solemn declaration," very generally im-
posed on them. It seems, from the statement of one
of the district assessors who attended the meeting,
that when he sent in his book according to the actual
return, it had been sent back to him with an intima-
tion that he must revise and raise the amounts—
an order with which he complied, according to his
own statement, " most reluctantly." We must
confess that if he could only do it "reluctantly,"
we thiuk it was his duty to refuse to do it at all ;
for his reluctance could only have arisen from the
impression that the return first sent in was correct,
and no order of his superiors could justify his making
surcharges which he believed to be erroneous. If it
be true that the Government orders these sur-
charges to be made " without investigation or rea-
son," it is little better than a robbery on the public,
who in many cases will prefer paying the unjust
surcharge, to incurring the trouble and expense of
appealing against it. If the district assessors are
desired, without discrimination, to raise the amount
of the assessments, it is indeel time for the public
to protect themselves against so gross an impo-
sition ; and meetings ought to be held to denounce
an evil which individuals have neither the time nor
the energy, perhaps, to successfully grapple with.
The meeting in the "Ward of Tower has furnished an
example which ought to be immediately followed,
and the revelations of the assessor leave no room
for doubt that surcharges have been made in a
spirit of speculation as to how much can be wrung
from the pockets of the public—dependence being
placed on the general disinclination of men of
business to devote trouble and time to such matters
as an appeal, involving a sum less in amount than they
might lose by neglect of their ordinary occupations.
Even the Government assessor, who wrote a letter to
the meeting in the hope of exculpating himself, makes
admissions that prove the justice of the complaints
made against the whole system. He says that several
hundreds of names were returned as having made no
assessments, which allegation, he declares, from in-
quiry, he believes to be partially untrue ; for he
thinks " some of the parties made returns,
and the assessors have mislaid or lost them."
Here is a specimen of the " secrecy " which the
public were promised should be provided for in the
arrangements made for carrying out the Income-tax.
Many of the returns were " mislaid or lost," and who
shall say how many hands they may have passed into
since the negligence of the assessor let them go from
his own possession ? It was mentioned at the meeting
alluded to, that the party who had already paid his
Income-tax had a fresh charge made against him, and
though Sir R. Peel caused a letter to be written, pro-
mising " immediate inquiry into the circumstances,"
how is the individual to be repaid for his loss of time
and anxiety in rectifying a blunder which the mean-
est capacity and the commonest honesty, added to
ordinary care, could not have fallen into ?
STNDARD.—The Morning Chronicle of this
morning, taking the same line as the sham-Peter—
a bad Champetre of the Globe (if the pun will be
excused)—magnifies Mr. Wilbraham, the ousted
Whig-Radical Member for South Cheshire, through
six columns of report and leading article, upon the
occasion of a picture of that gentleman being
presented to his lady. Air. Wilbraham, who lost
his election, it is assumed, in consequence of
his support of the Bs. duty scheme, is placed
by our Contemporary in invidious contrast
with the Conservatives, who, though they opposed
that scheme subsequently voted for Sir Robert
Peel's Bill, by which we have a duty of 205.,
now in operation. We cannot see any grounds of
contrast in the case. There is not, we are sure, a
Whig in England who does not perfectly under-
stand the difference between Bs. and 20s.—and
understand it well, too, for all practical purposes.
Even, therefore, if this were all, there surely
would be no inconsistency in voting for a pro-
tecting duty of 205., though oue had previously
voted against reducing the protecting duty to Bs.
But this is not all : the fixed duty was notoriously a
fraud : almost undisguisedly a step to the abandon-
ment of all protection whatever. This may be a very
good reason for the money jobbers and mill gamblers
preferring it to Sir Robert Peel's law ; but we pre-
sume all farmers would rather have 48s. a quar-
ter for wheat in this and in future years, than 38s.
this year, and 30s. or less the year following :
and so for the future, we presume that all such
farmers think that they have made a good exchange
of Lord Melbourne for Sir Robert Peel, and are
thankful to the gentlemen to whom they are indebted
for that exchange. As we have before said, the late
reduction in the price of corn is no more the effect of
Sir Robert Peel's Bill of last session than it is the
effect of the statute of prernunire : but that the reduc-
tion has not been greater, much greater, is the con-
sequence of the principle of protection which that
Bill has carefully preserved.

MONEY MARKET and CITY NEWS'

POST.—This was the day fixed upon by Govern-
ment for recceiving tenders for the first instalment of
the million and a half sterling Canada Four per Cent.
Loan, and some little curiosity was expressed in the
moneyed circles to know the result; but a good deal
of secrecy, if not mystery, appears to have been
observed on the occasion. Nothing transpired re-
specting the biddings until a late hour in the after-
noon, and the particulars that were at length com-
municated proved imperfect, and by no means such
as could be relied on. It was said, in the course of
the morning, that there were parties prepared to bid
as high as 115 per cent., the long period that will
elapse before the redemption of the 300,0001. capi-
tal can take place being the alleged inducement for
offering so liberal a price. For some 20,000/. there
was, in all probability, an actual tender at 109 ; so it
was affirmed, but the reports current regarding the
higher price noticed, do not seem to have been well
founded. The biddings are understood to have
ranged, with one or two exceptions, between 1021 and
108 per cent. The house of Maubert and Co. are re-
ported to have tendered, on behalf of themselves and
their friends for the entire sum, at the price of 107/.
lls. per cent., and, with certain deductions, to have
been the successful candidates for the loan. The
amount tendered for at 109 per cent. would go in re-
duction of the portion allotted to Messrs. Maubert
and Co. There might possibly have been other ten-
ders for minor amounts somewhat exceeding theirs in
point of price, and, if so, these would have to be also
deducted ; but they will most likely be found to have
taken the whole of the remainder. It is stated that
Messrs. Rothschild and Co. presented tenders, but at
a rate that was quite out of the question, their figures
being among the very lowest that have been men-
tioned.

TIMES.—As it has usually been the practice in
receiving tenders for loans to declare the price and
amounts of the tenders, and the terms accepted, in the
presence of the parties making them at the Treasury,
and that at the hour specified in the 'announcement,
the public were disappointed that a similar course had
not been pursued in the negotiation of the Canada de-
bentures to-day when the biddings were made. The
general expectation was, however, that an official
notification of the terms accepted by the Government
would be made through the medium of the Bank of
Ethnagt 5 o'clocklant 4 o
w'coluolcdk.
b the.eltw ahsouafrt,ebruwtaredvsen thiufdeenrstnoood.
thing of an authorised chAracter had transpired, and
the business of the day had closed before anything
was known for certain. The impression, however, of
the issue of the operation is pretty general, and Mr.
Maubert is named by the voice of opinion
as, the suc-
cessful bidder for a large portion, if
not for the whole
of the stock, the Bank of England, Messrs. Rothschilds,
and some of the Scotch banks being mentioned among
the unsuccessful applicants. Report even goes so I'ar
as to specify the price which Mr. Maubert tendered,
as being 1071. 1 ls., a high price, when it is reckoned
that the value of the stock to yield 3i per cent. is
107/. 2s. There are are rumours that as low as 1041.
vs as offered, and even 1021.
A most numerous meeting of the Shareholders of
the Star Steam Packet Company was held yesterday
at the George and Vulture Tavern, and is described
as having been one of the most disorderly and up-
roarious assemblies of the sort ever witnessed in the
City. There appeared to be no respect paid to par-
ties, either in their characters of Directors, Commit-
tee-men, or Shareholders, but in one general pele melt
a discussion of the most personal, violent, and irre-
gular description ensued on the subject of a dissolu-
tion. The Shareholders seemed for the most part to
be individuals who could not well afford to lose the
money they had paid on their original subscription,
much less to be involved in debt, or perhaps in a
Chancery suit, if the running of the packets was con-
tinued, and were, therefore, most vehement in their
declamation against the Directors, who they alleged
were merely desirous of carrying on the concern
to enable them to receive their salaries. This class
of Shareholders urged most strongly that an iin-
mediate dissolution should take place, so that they
might be relieved from all future responsibility. On
a previous occasion a resolution, it appears, had passed
in favour of a dissolution of the Company, which fail-
ing, however, to be strictly in accordance with the
deed of settlement, increased the anxiety of the share-
holders that all the proceedings of the day should be
perfectly legal, in order that " no new quibble, as
they termed it, might be raised to prevent so desirable
an object. This party took the prominent lead against

the Directors, and most severely criticised the ma-
nagement, and at once produced a scene of uproar
of a most intolerable nature. The opposition raised
against the Directors told from all corners of the
room. Some were for an immediate dissolution of
the Company, with an absolute sale of the vessels ;
others wished to see the concern wound up, but to
allow time for the sale of the packets to save a sacri-
fice ; while the friends of the Directors expressed
their confidence in seeing the business of the Com-
pany return to its former profitable paying point.
The history of the dispute between the Shareholders
and their Directors furnishes another instructive lesson
to the public of the necessity of looking well after the
management of joint-stock companies. Here the
Shareholders are evidently dissatisfied : they have re-
ceived, as is stated, for some years, a very high rate
of dividend, and now, suddenly finding that the Com-
pany, if allowed to proceed, is likely to involve them
in difficulties, they wish with all due caution to see it
wound up, that they may be quit of responsibility.
This is prudent, but it may be fairly questioned whe-
ther or not, long ago, the contingency that has now
arisen ought not to have been provided against by an
ample reserve fund, which could have been well spared
out of profits of the enormous amount asserted to have
been made in the first few years of the Company's
existence.

The result of this meeting is understood to have
been in favour of the Directors, who, with their
friends, holding the largest stake in the concern, out-
voted the resolution of their opponents, when a scru-
tiny was demanded.

CIIRONICLE.-At the close of business nothing
definite had transpired regarding the offers for the
Canada Loan, and considerable dissatisfaction is ex-
pressed by the bidders that they should be left in
doubt. 'We hear that the Chancellor of the Exche-
quer did not think proper to attend, and was repre-
sented by a Secretary. It is said that biddings as
high as 1091. 2s. were made for 20,0001., and some at
102/. for the whole 300,0001. A party on the Stock
Exchange bid as much as 107/. lls. for the lot.

LAW INTELLIGENCE.
COURT OF CHANCERY, Dec. 17.
. IN RE SUISSE.

In this case, which was partly-heard yesterday, Sir
C. Wetherell resumed his argument, and was followed
by Mr. Sharpe. An injunction had been granted by
Vice-Chancellor Wigram, restraining Nicholas Suisse,
the valet of the late Marquis of Hertford, from selling
out a quantity of stock, on the allegation that it had
been purchased with the money of the late Marquis.
The question now before the Court is, whether the in-
junction should be continued or not. It was stated
that after the death of the Marquis, Suisse had pur-
chased stock to the amount of 30,000/. ; he had also
received 4,0001., which in the course of his duty he
ought to have applied to paying the household ex-
penses of the Marquis ; this sum, however, had been
traced, and found to have been invested bey Suisse in the
purchase of French Stock. The defendants answer was,
that there had been a verbal settlement between he and
the Marquis, and that he (Suisse) had received a
check, but he could not remember the amount; he also
denied generally that he had applied any of the money
of the Marquis of Hertford otherwise than directed,
except in paying some bills on his own account.

VICE- CHANCELLORS' COURT, Dec.l7 .
(Before the VICE-CHANCELLOR of ENGLAND.)
HICKS V. MAINWARING.

Mr. BETHEL in this case moved for an order of the
Court to set aside a deed of conveyance of estates to
a very large amount, as fraudulent both in conception
and design. The circumstances of the case render it
both interesting and important. It appeared that
Sir Henry Mainwaring, at present a gentleman
advanced in years, was possessed of very
large estates in the county of Chester. From
various causes, however, his circumstances be-
came much involved, so much so, that, previous to the
year 1838, he was compelled to retire to the Conti-
nent, where he resided at Boulogne, in order to avoid
the demands of his creditors. While he so resided
there, his son, Harry Mainwaring, formed a scheme
for getting the life estate of his father, transferred to
himself, and prevailed upon his father to make the
conveyance of that life interest by the representation
that otherwise the creditors would take possession of
the property, and that he would be deprived of the
means of support. The scheme, therefore, in which
the deed originated was,
both in its commencement
and throughout, a direct endeavour to deprive the
creditors of their just demands. The scheme so per-
fected by the son, had not only that direct end, but
also, in the issue, another one, for after Sir Henry
Mainwaring parted with the life estate, the son's pro-
mises to provide the father with an income were
utterly disregarded, and the old man had not received
a shilling of the rents, and had been obliged to sur-
render himself to the very creditors with a view of
defrauding whom he was prevailed on by his son to
make this conveyance. The bill was now filed for the
purpose of setting aside the deed of conveyance as
fraudulent, and the Court would then be asked to take
possession of the rents of the property itself, as it ap-
peared that the son had received since the date of the
deed rents and profits to the amount of 27,0001., and
unless the Court interfered the creditors and tenants
would be deprived of every shilling. The Learned
Gentleman then proceeded to read the allegations of
the bill, and entered into a minute statement of the
case, which occupied the greater part of the day.
(Before Vice-Chancellor Sir JAMES WIGRAM.)
BALDERCOTT V. DALDERCOTT.
His HONOUR said he had read the papers in this case,
and he was of opinion that he could not make the or-
der asked. It was a bill to administer the estate and
effects of a testator named Benjamin Bragden, who
devised his real and personal estate upon trust to his
wife for life, for the benefit of herself and children,
with remainder over. His wife being dead, a bill
was filed to administer the estate. An answer had
been put in by the executors stating that there was no
personal estate after the debts of the testator were
paid; and, therefore, that the wife took nothing. That
made no difference in the view of the case which he
had taken. The executors alleged that the wife ex-
pended money of her own in the lasting improvement
of the estate. What was then asked was an inquiry
before the Master whether that had been for the bene-
fit of the remainder now and tenant for life, and whe-
ther a decree should be made accordingly. 'With re-
ference to the statement that this was done in order
that the wife might obtain a security by way of mort-
gage, ho did not mean to say that there might not be
cases in which that would affect the tenant for life.
It was possible; but in some cases the Court might be
induced to make some such decree as was here
asked. In the case of a real estate devised in a strict
settlement the Court might think it right to preserve
the estate already existing rather than to lay out the
whole on other lands, without any attempt to preserve
the existing estate ; but in the case of a tenant for life
laying out money for the improvement of the estate,
he had never heard of the Court creating a charge
upon the reversion in order to reimburse him for
what he had expended. He must make the common
decree.

GILL V. WATSON.

INSOLVENT DEBTORS' COURT, Dcc. 17.

IN RE DAVID FRAZER.

POLICE INTELLIGENCE.
(SATURDAY.)
BOW-STREET.

MALLALIEU V. MILLER.
In this case his Hoxouu directed the issue to be
tried in the Court of Queen's Bench.

WELCH V. WELCH.
The plaintiff in this case gave his estate to four
persons, on trust, foi his wife, and after her death for
the benefit of any
child, or children, who might still
be living, with a giftoyer in case his children should
die under twenty-one. He died, leaving one child
only, the plaintiff in the cause. The mother had mar-
ried again. There had been a difference among the
trustees with regard to the management of the devised
estate, and three of the trustees had given notice that
no money should be paid to the fourth. The bill was
filed to have a receiver appointed. The decree sought
by, the present application was a decree for an in-
quiry as to what children of Christopher Welch, the
testator, were living, to have an account taken, a
declaration of the right of the several parties to the
suit, and for the Master to approve of a proper settle-
ment.—Decree accordingly.

COURT OF COMMON PLEAS, Dec. 17
GRAHAM V. KENSINGTON.
The plaintiff
and defendant in this case are both
extensive East and West India merchants and ship-
owners, and the action is brought to recover 6871. 17s.
6d., for the freight of goods carried by one of the
plaintiff's ships,
from Antigua to the defendant's con-
signment. The defence is, that the freight was paid,
and it appears that the defendant paid the amount de-
manded to a broker, who has since failed. The case
for the plaintiff is, that the payment was made
without authority, and contrary to the custom of the
brokers connected with the port of London, according
to which, freight is not due until two months after
the arrival of the cargo. Upon this question of cus-
tom the whole case turns, and a host of witnesses are
brought up to speak to it on both sides. The case
occupied the whole day, but nothing was elicited in
the least degree interesting to the public, the ques-
tion being altogether a very uncertain one of custom.

COURT OF EXCHEQUER, Dec. 17.
BURTON V. NOKES.
This was an action brought by the plaintiff, who is
a surveyor, to recover compensation for work done
by him in favour of the defendant.
It appeared that the defendant's son had been en-
gaged in various transactions, both as purchaser and
seller of Pope's Villa, at Twickenham, and some lands
adjoining. The plaintiff was proved to have been fre-
quently seen both with the elder and the younger
Nokes in the course of these transactions; and it
seemed that he had occasionally acted as friend or
agent to the parties.
The case for the defendant was that he had merely
acted on behalf of his son, after having received a
power of attorney authorising him to do so ; and,
secondly, that no contract had been entered into be-
tween the plaintiff and either of the other parties, and
that no Services had been rendered by him for which

THE SUN, LONDON, MONDAY MORNING, DECEMBER 19, 1842.

he was entitled to payment. It was proved that other
surveyors had been engaged by the defendant in esti-
mating the property.
The Jury immediately returned a verdict for the
defendant.

On Saturday an` action was brought in the Court
of Exchequer, Guildhall, before the Chief Baron, by
Mr. E. Gill, late the owner of the celebrated trotter
Confidence, to recover 51. from Mr. T. Watson, the
landlord of the Saracen's Head, Camomile-street, Bi-
shopsgate-street.

Mr. JERVIS briefly stated the case. He described
the plaintiff as a gentleman of the highest respecta-
bility, carrying on extensive commercial transactions,
but passionately addicted to sporting, and particularly
trotting matches. In the month of October last, he
had the good fortune to be possessed of Confidence, a
trotting horse of great power and speed, in fact, a per-
fect phenomenon, and which had now become the
property of a celebrated sporting Nobleman, Lord
H. Seymour. At that period the plaintiff was
a regular visitant at the tavern kept by the
defendant, which is the resort of gentlemen
of the turf. In the course of conversation one
evening, he spoke of Confidence being capable of
trotting two miles in five minutes and a half; cer-
tainly a most extraordinary feat. The powers of the
horse were, however, doubted by a gentleman who was
present, named Lyon, when the plaintiff offered to
match the animal for 501. to accomplish the task. The
bet was taken, and 51. each " posted" as a deposit.
The defendant officiated as stakeholder. Mr. Lyon
then proceeded to draw up articles of a match, in
which were stated the locale where it was to take
place, the day, hour of starting, &c. The plaintiff, on
perusing the same, discovered that his horse was not
to have the benefit of what is technically termed
a " flying start," that is for the horse to be
put on his speed some distance from the starting-
post, as thereby some time is saved, which
would otherwise be occupied in getting the
horse in a trotting pace at starting. After a length-
ened discussion, the point was yielded by Mr. Lyon,
who declared his willingness to allow plaintiff a
" flying start." The plaintiff ultimately declined pro-
ceeding further with the match, intimating that he
was of opinion that some advantage had been at-
tempted to be taken of him, and consequently he de-
clared off, at the same time requesting the return of
the 51. he had staked. • This was declined by the
defendant, who considered the deposit as forfeited to
Mr. Lyon, and that gentleman having made
good his stake, by placing at the proper time
the balance of 451., in the hands of the defendant,
he felt no hesitation in paying over to Mr.
Lyon the 51., which he, the defendant, considered had
been forfeited, but before he gave up the money, he
had an interview with the plaintiff and a friend, when
he urged him, in order to settle the dispute, to ap-
point Tom Spring, the ex-pugilist, or some other
sporting man, as an arbitrator, but this he declined,
and hence arose the present action.
Witnesses were called, when
Lord AI:UNGER. expressed himself in favour of the
plaintiff, who, he considered, had a right to have had
his money refunded to him on his declining the
match. The agreement, or articles, not having re-
ceived his signature, was not binding, and, conse-
quently, he was entitled to the verdict of the Jury.
Verdict for the plaintiff, 51.

The insolvent was described in his schedule as a
master mariner. He had also been an extensive ship
owner, and traded largely between London and Cal-
cutta. The amount of his debts was stated to be
6,0001., and there were also liabilities upon bills of
exchange to the amount of 7,0001., for which he re-
ceived no consideration. He had been a bankrupt
about four or five years ago, when he failed for a large
amount.

In reply to the Learned Commissioner he stated
that he attributed his insolvency to the wreck of two
ships, of which he was proprietor. In his schedule
the name of Baboo Chandee Dost, a Calcutta mer-
chant, was mentioned as a creditor for 1,000/., which
the insolvent stated was incurred by the sale of a
vessel called the Royal William, which was subse-
quently lost. The names of several others, native
merchants, appeared also as creditors, While there was
no return of any debts due to him at Calcutta.
Mr. Commisioner HARRIS commented rather
strongly upon the circumstance of the insolvent having
incurred liabilities to the the amount of 7,0001., at a
time when he was in a state of bankruptcy.
Bail was allowed to justify, and the insolvent was
liberated until the day appointed for his final hearing.
_ _

IN RE THE REV. JOHN ROBERT BARBER.
In this case the insolvent who was a
clergyman of the Church of England, stated
that he had a family of ten children, whom
he endeavoured to educate and bring up in respect-
ability, and the eldest of whom was now only 23
years of age. The amount of revenue derived entirely,
from his living was only 1501. per annum, out of
which he had to pay 501. a year to a curate. He had
some landed property which he was compelled to
mortgage for certain monies, for which he was in-
debted to a gentleman named Hawkins. He now ap-
plied to be liberated upon bail until theday of hearing.
The Learned COMMISSIONER having looked over the
balance-sheet accepted bail in the amount of 4001.,
after which the insolvent was .discharged.

A market gardener, named George Goodwin, was
placed before Mr. Twyford, charged with obstructing
the road at Covent-garden market, and with assault-
ing the officer in the execution of his duty.
Police-officer F 129 stated that he was on duty
this morning at Covent-garden market, when he ob-
served the prisoner's cart placed in such a position as
to obstruct the thoroughfare. He went up to him
and told him to remove, but he refused to do so, and
was very abusive. Witness told him that if he did
not remove he must take him into custody, when the
prisoner seized witness by the throat with one hand
and struck him violently with the other. Another
officer came up, and the prisoner was conveyed to the
station-house.

This evidence was corroborated, and the prisoner
said, in his defence, that his cart was not in such a
position as to obstruct the way ; and he would call a
witness to prove that he never struck the officer at all.
Another market-gardener was then called, and
stated that no blow whatever was struck, and he was
present all the time. Being deaf, he could not say
whether any abusive language was used or not.
Mr. TWYFORD said there must be perjury on one
side, but he could not say which. He must, how-
ever, take the evidence of two witnesses against one.
The prisoner said if it had been any other day than
Saturday he could have brought several witnesses.
Mr. TWYFORD said he must take the evidence as it
stood, and fined the prisoner 205., or, in default of
payment, commit him for seven days.
The money was immediately paid.
James Patterson, of No. 8, Holywell-street, in the
Strand, was summoned for unlawfully exhibiting cer-
tain blasphemous placards in the windows of his shop,
to the annoyance of the inhabitants and passengers.
Mr. Chambers, the barrister, attended to support
the charge.
The defendant was called, but did not appear; pad:
after a delay of nearly an hour, a lad named George
Clark came forward, and stated that he was in the
service of the defendant, who was at present out of
town, having gone to visit a person named Holyoake,
who was now confined in Gloucester gaol, and it was
uncertain when he would return.

In answer to questions put to him by Mr. Cham-
bers, the lad stated that he was fifteen years of age,
and had been in the defendant's service as errand-boy
about five months. The defendant had not slept on
the premises in Holywell-street within the last month,
and the last time witness saw him there was about
half an hour before Mr. Bruce came there and broke
the windows. Witness had put up placards in the
window by the direction of the defendant. They
were brought to the shop ready written by a person
whose name he did not know. Witness knew Mr.
Ryall, who was the Secretary to the Anti-Persecution
Society. He could not tell where he lived. He had
seen Mr. Ryall and several other gentlemen at the
defendant's. One of those persons was then in Court.
The defendant had not been at the shop since the ser-
vice of the summons. Witness had put up placards
in the window since the visit of Mr. Bruce. A variety
of further questions were put to the witness, but he
declined giving any further information respecting
the defendant.

Mr. Chambers said he appeared on the part of the
Government, who felt it their duty to put a stop to
the exhibition of offensive placards, similar to those
which were placed in the defendant's window. Such
papers, so exhibited, were calculated to excite feelings
of disgust and indignation in the minds of all well dis-
posed persons, and tended to corrupt the morals and
ruin the young persons by whom they were principally
read. The Learned Counsel then stated that although
the defendant had not appeared to the summons, still
it was not his intention to apply for a warrant against
him, as under the circumstances such a proceeding
might appear harsh, but he would merely request that
the Magistrate would issue another summons against
him, commanding his appearance on Saturday next.
Mr. HALL granted the request, and a fresh sum-
mons was issued accordingly. The Court was ex-
tremely crowded during the proceedings.