The Sun.
London, England, 1842-10-14 00:00:00

THE SUN,_ LONDON) FRIDAY MORNING, OCTOBER 14, 1842.

SPORTING INTELLIGENCE.
NEWMARKET-WEDNESDAY NIGHT.

After the races this afternoon, a meeting of the Jockey
Club was held, at which it was unanimously resolved not
to take cognizance in future of any disputes having re-
ference to bets. It was also decided that after the pre-
scnt meeting, official cards of tke day's races shall be
publishal, with the colours of the riders, Sz.c.; as at other
plac.3.
The betting in the evening was very heavy, at the fol-
lowing prices :
BEI'TING IN THE EVENING.
PRENDERGAST STAKES.
20d even between Napier and Murat—not p.p.
CAMBRIDGESHIRE STAKES.
stol on the field (off) 1500 t 0.30 agst Cabrera (t)

DERBY.
7 to 2 agst Scott's lot 40 to 1 agst Parthian (t)
1,000 to 60 agst Sir G. 50 to 1 agstQ,ueenuf Trumps
Beathcote's lot I c(t freely)
11 to 1 agst Brit. Yeoman (t) 50 to '1 ags, Siricol (t freely)
20 to 1 agst Cotherstone (t) 50 to 1 agst Amorino (t fr)
25 to 1 agst Philip 50 to 1 agst Vulture c
33 to 1 agst Murat (t) 1,000 to 15 agst Cheviot (t)
33 to 1 agst Napier (t) 1,000 to 15 agst Auld Lung-
-33 to 1 agst Winesour (t) Syne (t)
33 to 1 agst Progress c (t) 1,000 toll/ agst Baldersale(t)
40 to 1 agst Aristides (t)
1,500 even, 600 to 500, and 500 to 400 on the field agst
Scott's and Colonel Peel's lots, awl British Yeoman.
Betting very heavy.
Entry for the 100/. plate to-morrow :—Discord, 5 yrs,
9st 41b—The Shadow, 6 yrs, Bst 111b—Currycomb, 5 yrs,
Bst—Bliodanthe, 5 yrs, 7st 71b—Bosphorus, 6 yrs, 7st 71b
—Young Quo Minus, 4 yrs, ist 71b—Palladium, 4 yrs,
ist 41b—Arcanus, 3 yrs, Est 111b—Lucy Banks, 3 yrs,
6st 111 b—Ma Mie, 3 yrs, Est 111b—Aspatria, 4 yrs,
6st 81b—Lasso, 3 yrs, Est 71b—Cloister, 3 yrs, 6st 61b—
Woldsman, 3 yrs, 6st 5113—Ends and Odds, 3 yrs, 6st—
Colt out of Hymen's dam, by Perchance, 3 yrs, 6st 51b—
Revision, 3 yrs, sst 1 11b—Ballance filly, 3 yrs, sst 101 b
Sister to Confusionee, 3 yrs, sst 101 b.
The match between Jamie Forest and Give-him-a-
Name, will be run to-morrow instead of Friday.

COURT OF COMMON COUNCIL.
Yesterday a Court of Common Council was held,
for the dispoich of public business.
The LORD MAYOR presented to the Court a, letter
which he had received from Alderman Humphery,
expressive of that gentleman's willingness to take upon
himself the office of Lord Mayor for the—year en-
suing. The letter was ordered to be entered on the
minutes of the Court, and to be printed.

THE OFFICE OF HOUSEKEEPER OF THE CENTRAL

CRIMINAL COURT.

The Report of the City Lands' Committee ielative
to the office of housekeeper of the Central Criminal
Court, was brought up. It stated that the present
housekeeper woo, in consequence of old age and in-
firmities, wholly unfit to perform the duties of
.the
situation, and recommended that he should be pen-
sioned off with WU a year, and that a married man
should be appointed to the office, with a salary of
2001. a year, and without having anything whatever
to do with the galleries of the Court.
The Court unanimously agreed with the Committee,
and a new housekeeper will be appointed.

ment of the additional items of charge in his further
bill, could not be sustained. He however thought it
nezessary, in au affair of so much impoi ilnce, to lay
before the Solicitor-General (Sir Thomas Wilde),
the Recorder' the Common-Sergeant, and Mr. James
Wilde all of the materials collected and arranged by
the Solicitor; and they having, after several consulta-
tions, confirmed the Solicitor's views of the case, he,
by ou4irections, proceeded to carry into effect the
suggestiions. which counsel had throWn out, for the
purpose of placing the Corporation in the best pos-
sible attitude, in the event of their being obliged to
contest the claim in a court of law. Having effected
this object, we" were about to report our proceedings
to your Court, when we received an intimation from
the Solicitor, that Mr. Timothy Tyrrell, the solicitor
to Mr. M'lntosh, was desirous of addressing the Com-
mittee, in the expectation that by withdrawing the
father bill, and placing Mr. M'lntosh's claim for con-
sideration fairly before the Committee, a settlement
of the whole might be effected upon honourable and
equitable terms.
" Your Committee being anxious not to involve the
Corporation in a protracted suit, and being equally
desirous to avoid a legal controversy with a gentleman
who had executed the work so much to their satisfac-
tion, they cheerfully granted Mr. Tyrrell the inter-
view which he sought. The circumstances upon
which Mr. Tyrrell principally relied in support of Mr.
INPlntosh's claim for an additional sum beyond the
amount of the February bill, will be found in the So-
-I:citor's letter to Mr. Walker, which we have hereunto
annexed ; and the Committee, taking the whole mat-
ter into their serious consideration, were of opinion
that it was expedient to allow the contractor the sum
of 5,000/. over and above the amount of the February
bill, together with the sum of 2,0001:, being the esti-
mated amount of. his charge for the removal of the
piles, &c.
" Your Committee having received Reports from
Mr. Walker and the Solicitor, recommending the set-
tlement of the accounts in the mode proposed, we
have entered into a conditional agreement with Mr.
M'lntosh, subject to the approbation of your Court,
whereby he is to receive 21,0701. 13s. 9d., the balance
of these accounts, upon his executing a general re-
lease, it being distinctly agreed that the arrangement
in this Report shall be without prejudice to the rights
and interests of either party in the event of their not
being ratified by your Honourable Court. We, your
Committee, are unanimously of opinion that the fore-
going facts are sufficient to induce us to recommend
your Court to sanction the proposed arrangement, and
that it should be referred back to your Committee to
carry the same into execution. •
" ‘Ve, your Committee, do further certify that, under
the order of your Court of the 3d July, 1837, we
caused the sewer at the mouth of the Fleet river to
be made in the manner described in Mr. Walker's
Report, and the construction in respect thereof, has
included in this bill a charge of 2,555/. 14s. 11d., and
Mr. \\Talker, for superintendence, has also charged
the sum of 1501. As this useful work, though not
chiefly required for the repair of the bridge, and not
included in the works originally contemplated and
provided for by Parliament, was undertaken solely for
the public good, and in conjunction with the repairs
of the bridge, we deemed it right to include the
amount of the proposed improvement in the estimate
laid before Parliament. When seeking an additional
grant, this charge would properly have been payable
out of that fund, and it pleased Parliament to autho-
rise the grant ; but that not being the case, in our opi-
nion, we ought to be allowed to draw upon the
chamber for the sum of 2,7051. 14s. 11d. to enable us
to discharge so much of Mr. Walker's and Mr.
M'lntosh's bills as relate to that work.
" All which we submit."
(Signed by the Committee.)
REPORT OF THE SOLICITOR- TO THE BLACKFRIARS-

BRIDGE COMMITTEE.

" In obedience to your directions I communicated
to Mr. Walker the particulars and result of your con-
ference with Mr. Tyrrell, accompanied by your re-
quest that he would report whether in his judgment
it would be fit and expedient to effect a final settle-
ment with Mr. M'lntosh, upon the terms proposed.
I herewith transmit a copy of my communication and
Mr. Walker's reply.
" The Committee having likewise expressed a de-
sire that I would also report my opinion upon the
proposed settlement, I proceed to comply with their
wishes. _

" Upon the particular circumstances mentioned in
Mr. Tyrrell's statement, and in Mr. Walker's letter,
as affording Mr. M'lntosh equitable grounds for an
increased allowance, it behoves me to speak with diffi-
dence, matters of this nature not being usually con-
sidered within a lawyer's province. As, however, it
had been my duty, under your orders, attentively. to
consider every communication that had passed during
the progress of the work between the contractor, the
engineer, and the Committee; and as I had (aided by
the explanations of Mr. Home, Mr. Walker's intelli-
gent Clerk of the Works) carefully compared every
item in every bill with the corresponding items in
the plans, specifications, and contracts; and as I had
had the advantage of conferring many times with Mr.
Walker upon the whole matter, I consider iryselfsuf-
ficiently master of the details to justify me in saying,
that in my opinion Mr. M'lntosh is Ole to establish
a strong claim upon the moral justice of the Com-
mittee for some additional 'aymcnt beyond the
amount of his February bill. repeat, however, that
upon this part of the subject I speak with diffidence.
Mr. Walker's experienced judgment is a much safer
guide for the Committee's decision. Upon the legal
fact of the question I feel myself more at home. I
do not hesitate to reiterate the @pinion I have so often
expressed to the Committee, that in point of law Mr.
.M‘lntosli has no claim upon the Corporation in respect
of the great mass of charges introduced into his addi-
tional bill. If Mr. M'lntosh had lost by the contract
twice the sum stated by Mr. Tyrrell, or if, as the
charges in his additional bill assume, he had supplied
more and better materials, or more and better work-
manship than the contract and specification exacted,
he would have been excluded, by the express terms of
the contract, from making any charge, by not having
given the engineer periodical notices during the pro-
gress of the work, of his intention to claim in respect
of such works as additions to the contract sum. It
would be Monstrous if the law could fasten upon
the Ccrporation (who have acted merely as trustees
in the expenditure of a limited sum for a given pur-
pose) an obligation out of their own estates
and revenues, to pay many thousands of pounds
in respect of additional works, of which, if
executed at all, they were kept in profound ignorance.
" There are, however, a few items in Mr.
M'lntosh's second bill upon which, as I have before
expressed to the Committee, I entertain some doubt.
It arises out of the use of an ambiguous expression in
a part of the specification, and involves a question of
about 2,0001. In reference even to this part of the
case I am strongly inclined to think Mr. M‘lntosh is
not right in the interpretation he has put upon the
doubtful expression to which I have referred ; but
there is certainly enough of doubt in the matter to
give colour to a long and expensive legal controversy,
in the litigation of which, together with other ques-
tions that would then be raised, years might be con-
sumed, and thousands expended. It is difficult to
fix at a money value the force of circumstances and
contingencies so various and uncertain as those which
must enter into the determination of this question.
The amount which it may be proper to pay is a com-
pound question, involving not only legal but equitable
and prudential considerations, upon which, in the
absence of any fixed standard to determine the
amount, great difference of opinion may be expected
to prevail.
"After maturely reflecting upon every fact within
my reach, I have no hesitation in. advising the Com-
mittee to effect a settlement of the whole matter upon
the terms proposed.
" In private . practice I should have recommended
the same course if the most valued client had placed
his honour, and interests in my keeping. I believe
that any Member of the Committee would so act,
were it an affair of his own ; and I apprehend nothing
more can be expected of gentlemen of high public
stations than that they shall administer the funds com-
mitted to their care with that due regard to the prin
eiples of law and justice which governs their conduct
in their own private concerns.=—l have' the honour to
be, Gentlemen, your obedient servant,
" CHARLES PEARSON, City Solicitor."
Upon the motion for agreeing to the Report, and
sending it back to the Committee, to be carried into
execution, a discussion of some length took place, but
when the question was put no more than three hands
were held up against it.
The Report was accordingly sent back to the Cm-,
mittee, to be carried into execution. One of the
Members (a lawyer) was decidedly in favour of
opposing the claim of Mr. M'lntosh tooth and nail,
but the feeling of the Court was most strongly and
decidedly for the settlement.

~.
ST. CLEMENT DANES'''. SAVINGS' BANK.—Progress
of the Government Annuity Institution (established
at this Savings' Bank) from its commencement to tho
10th of October inst.:—
Received from 126 annuitants in 1834 £5,369 11 3
Ditto 71
Ditto 41 .. 1836... 7,650 17 3
Ditto 70 1837... 10,; 9t 1 9
Ditto 110 1838.., 18,9'34 14 7
Ditto 148
Ditto 152.7t1, 1840... 23,295 14 0
Ditto 154
Ditto 208 1842... 3f00? 1 7

1,080 annuitants £160,479 16 0
The above annuitioA vary from 4/. to 20/. each annui-
tant, The Increase of deposits to the Savings' Spook
during the present year is upwards of pi7otit, making
a total of upwards of 93,0001, belonging to 3,958 de-
positors in the Sayings' Dank.
The halors of Glasgow and suburbs have reduce/4
the price of bread. The 41b. fine loaf is now selling at
7d. ; household ditto, 6d

RESTORATION of YORK MINSTER.
On Thursday last the adjourned public meeting of
the nobility and gentry of York, interested in the
restoration of York Minster, was held in that city.
Amongst the Noblemen and Gentlemen present, we
recognized the following :—Lord Wharncliffe, Earl
Fitzwilliatn, Lord Feversham, Lord Wenlock, the
Hon. and Rev. Augustus Duncombe, Octavius Dun-
combe, Esq., M.P., the Rev. W. V. Harcourt, Gran-
ville Harcourt Vernon, Esq., M.P., the Venerable
Archdeacon Wilberforce, the Venerable Archdeacon
Todd, the Rev. Dr. Hook, of Leeds, Richard Bethell,
Esq., of Rise. Lord Wharncliffe took the chair, and
opeued the meeting, after which the Report was read,
detailing the progress which had been made in the
different portions of the works under renovation.
From the limited means, viz. of 469/., which had al-
ready been exceeded by an over-expenditure of 601.,
advancement could not be expected to he great. - The
bell, clock, and the arches and pillars of the nave had
been repaired, and the vaulted ceiling of this last part
of the edifice was next to be proceeded with. The
Dean and Chapter, it was stated, had already supplied
a sum of 4,0001. to the restoration of the nave, in ad-
dition to the sum of 6,0001. which they are now ex-
pending in repairs to the north transept necessary to
the security of the fabric. It was calculated that if
the whole of the requisite fun4s were placed at the
disposal of the Committee the works of the nave would
be finished early in the ensuing year. Mr. Smirke
estimated that the expense of the whole would be
26,000/, ; the sum of 12,000/. is now needed to com-
plete the whole.

CHURCH-RATE MEETING AT
WAKEFIELD.
On Thursday last, one of the most numerously at-
tended meetings ever held at Wakefield for church
purposes, was held in the vestry of the parish church,
and by adjournment in the large Sessions Hall, at the
Court-house, for the purpose of founding a Church-
rate on the Churchwardens' list of items, amounting,
in the whole, to 272/.105., and on which a rate of one
penny in the pound was proposed to be granted by
the first mover, Henry Walker, Esq.: the Rev. Dr.
Carter, Head-Master of the Grammar School, se-
conded the motion. George Craven, Eaq., then stood
forward and moved an amendment—" That there be
no Church-rate for twelve months from this day, and
that this meeting do adjourn TO that time." A dis-
pute and great uproar ensued, upon which, after
quietly addressing the meeting, the Rev. Vicar, with
his friends, withdrew. On the motion of Mr.
Craven, seconded by Mr. Harrison, the amendment,
which was then left as the only resolution before the
meeting, was put and carried all but unanimously.

THE BANK OF MANCHESTER.
(From the Manchester Guardian.)
We are exceedingly glad to learn that, owing to the
considerate forbearance of the London agents of this
Bank, and an exceedingly liberal advance from the
Liverpool and Manchester District Bank, the Direc-
tors have been enabled to effect an arrangement for
promptly meeting all the demands that can be made
upon the bank in the ordinary course of business, and
that the calamities arising from its present situation
are not likely to be increased by any failure in the re-
payment of deposits, or in providing for current bills.
Under this arrangement the depositors receive their
money whenever they apply for it. The District
Bank, we hear, has also adopted most of the current
accounts of the Bank of Manchester, so that it is un-
derstood no interruption will take place in the trans.
actions of business, and the customers of the latter
bank will receive their usual accommodation. An
absurd report has been current for a day or two
that Mr. Burdekin, the late manager, is absent with
the connivance of the Directors ; that he is still in
England ; and that his place of concealment is known.
We are informed, on the best authority, that Mr.
Burdekin sailed in 'the Britannia on 1 uesday, the
.4th inst. ; a friend of ours having seen him, and spoken
to him on board the Redwing tender, which con-
veyed the letter bags and passengers from the pier.
With regard to the call of 21. per share, however un-
pleasant and inconvenient it may be, it is obvious that
the Shareholders must comply with it ; and, highly
as we blame the Directors for having suffered the
Bank to get into its present deplorable state, we must
say, that, by the course they have now taken, they
will prevent the most disastrous consequences to in-
dividual Shareholders. They will also have an oppor-
tunity of realising the assets of the Bank, of whatever
kind, in more favourable times ; thus affording a rea-
sonable expectation of repaying to the Shareholders,
not only the amount of this call, but also, should an
improvement in trade take place, a further sum, which,
it is hoped, may arise from the increased value of their
property.
(From the Liverpool Courier.)
The rather premature explosion of the affairs of
this bank, produced mainly by the absconding of its
late manager, Mr. Burdekin, caused nearly as much
consternation on 'Change, when it became known on
Saturday, as though a few bomb shells had been
thrown into the town by a hostile army. The public
was quite prepared to hear the most disastrous things
after the meeting of the Proprietors, which is to take
place on Friday, so far at least as to hear that all the
capital had been squandered on worthless parties in
the shape of loans, even to the amount of the capital
(780,0001.), but the absconding of Mr. Burdekin was
indeed an event for which the public was quite unpre-
pared, especially with a large amount of funds surrep-
titiously obtained from the bank, and that indepen-
dent of Mr. Burdekin's previously owing 17,0001. to
the concern, caused by his dabbling in shares, for
which the establishment found money, and for which
the only thing it holds are the now worthless shares
of the institution.

Before the disclosure became public, the Directors
and present Manager, Mr. W. Smith, had most judi-
ciously made arrangements with their London agents,
Dennison and Co., and the Manchester and Liverpool
District Bank, from whom such assistance had been
obtained as to enable the bank to meet promptly every
possible claim that could be made ; and on Saturday,
as might be expected, the bank was thronged with
applicants, but all demands were met; indeed, no one
ever seemed to doubt that such would be the case,
when the very numerous and respectable shareholders
of the bank were so well known.

Many of the accounts will no doubt be transferred
to the District Bank. Many persons will, it is well
known, be unable to pay the new call of 21., and to all
such parties ruin must be the consequence, should the
paid up capital eventually be found insufficient to
cover the losses already incurred. There are many
Shareholders who hold from 500 to 3,000 shares, and
many of these large proprietors are original ones, on
which 101. has been paid.—Liverpool Courier.

THE VICTORIA ARCH, PERTH.—On Monday the
proposal to erect a stone arch at the southern termi-
nation of Prince's-street, where her Majesty was re-
ceived by the civic authorities, and presented with
the keys of the city, came under the consideration of
the Perth Town Council, and was most favourably
entertained. Provost Sidey offered to subscribe per-
sonally 201. towards its erection ; and it will be
noticed that the Council are, in a manner, pledged to
give at least 1001. from the town's funds. The matter
was remitted to the Magistrates, by whom it will
be i:nmediately presented for the approval and sup-
port of the citizens and public generally ; and we are
pretty confident that the necessary funds will be
realised without difficulty. As we remarked last
week, the contemplated arch will serve both to orna-
ment the burgh, and to commemorate, in a very ele-
gant and appropriate way, the first visit of Queen
Victoria to our lovely and romantic town—as fair a
city as Scotland can boast. We shall be glad if, in
conjunction with the arch, the requisite means can
be procured for erecting in its immediate vicinity a
handsome site of offices for the business of the Cus-
toms and Excise; and we trust that the Magistrates
will exert themselves energetically to secure also this
much-wanted addition to our public establishments.--
Perth Advertiser.

The leading mercantile firms in London have
adopted the resolution of going on 'Change at three
o'clock, and leaving at four o clock, instead of the
present custom of four o'clock until five. Arrange-
ments are making for securing the acquiescence of
the different sections of the tradinv, community, and
it is believed that the new regulation may be acted
upon next week. This will allow more time for
parties to finish their letters after 'Change, so as to
communicate the result of their transactions the same
day to their country correspondents, and it will be a
relief in various other ways, The proposal has been
moaW4.l on former occasions, but it always fell through
fbr want of the active co-operation of the most in-
fluential houses, who have at last taken up the ques-
tion in earuest.
We understand that the Rev. Dr. Butler will be
appointed to the Deanery of Peterborough, winch will
be vacated by the nomination of Dr. Turton to that
of Westminster, Dr. Butler was for several years the
Head-Master of Harrow School,
The list which has appeared of Commissioners, said
to be appointed under the new Bankruptcy Act, is in
several instances incorrect. We have the moans of
' knowing what we state to be the fact, and can at pre-
sent ga *o far as to intimate that Mr. Horace Twiss.
whose name has been given as one of the new Com-
enntiy-first mi,s_is,ii
joEne.3rsit Illa.;:sitytiemt.—noAatpptohienttmlse
gsNtortl‘iveicTh Associationßector of We' Jews, the Rev.
anniver-
sary meeting of' the Norfolkamacond
the promoting Christianity
'silee'Ach- stated,
htlhat alleiciaonrdinngerttso'
ilnV.tiAlelrocloluarsstoenofPlyiitin
h;,chthGeodclihraodnoalpo:
gth.:tsditi‘fldreena
tilTaPtehdectileisat itnhethtieme w
pointed to set the children of Israel free was fast ap •
proaching; some of whom stated
place between 1840 and 185 that it would take
while,t: others fixed it
from 1844 to 1847, which latter
believed in. He thought that the Christian Churchesk
should unite together in this _ great undertaking—the
proaching.
conclusion of which, he felt persuaded, was fast ap-