The Sun.
London, England, 1842-11-21 00:00:00

THE SUN, LONDON) MONDAY EVENING, NOVEMBER 21, 1842.

THE MARKETS.—(TIIIS DAY.)
CORN EXCHANGE.
Last week the supplies of Wheat, from our own
coasts, as well as by land carriage and sample, were
Moderate ; they comprising more than 4,500 quarters,
chiefly from Essex, Kent, and Suffolk. Fresh of the
day, the arrivals were very scanty, but of fair average
quality ; still, however, we have to report an ex-
tremely inanimate inquiry for all descriptions; and,
in order to effect sales, an abatement in the currencies
noted on this day se'nnight. of from ls. to 2s. per
quarter, was submitted to by the factors. At the
close of the market a large portion of the supply re-
mained undisposed of. We had but a moderate sup-
ply of Foreign Wheat brought forward, yet the in-
quiry for it was slow, and very few sales were reported
in it ; the quotations having a downward tendency.
Barley came very freely to hand, upwards of 10,000
quarters being on offer. The finest malting parcels
supported previous rates, but grinding and distillery
sorts were the turn cheaper. Both old and new Malt
moved off heavily, but we cannot call that article.
lower. Oats were in fair supply, but the dealers held
off in anticipation of even lower terms. In Beans
little, was doing. • Grey Peas were Is. per quarter
lower ; other sorts 'remaining stationary.. All kinds
of Flour were drooping, though not to any material
extent.

Essex whites, 40s -to- 50s; Wisbeach, 45s to 1.56 ;,
4
Jersey and Guernsey blues, 40s to 45s ; ditto whites,
35s to 40s.

BOROUGH HOP MARKET.

The hop duty, which is still called 160,0001., not
having been yet declared, but which is expected to bo
so this week, the trade, with all descriptions of hops,
is very inanimate, and prices are with difficulty sup-
ported. East Kent in pockets, 51 lOs to 61 8s ;
Mid Kents, ditto, Si 5s to 61; Sussex, 4/ lOs to
8s ; Farnhams, 8l to 10/ ; old Hops, 3/ to 4l 10s.
~TALLOW.

This market during the past week has been firm,
and the price for small parcels of fine Y. C. is 48s. 6d.
The demand is very limited for the time of year ; 476
casks, out of the 2,442 for the week, have been ship-
ped for an outport on consignment. We had advices
on Thursday, by the Dutch mail, that the season had
closed at St. Petersburgb, to the 4th inst. This morn-
ing we have letters by the same channel, which state
the wind had changed, with heavy rain and mild
weather. A number of vessels is expected to arrive
this week. Town Tallow 48s. 6d. to 495.

LAW INTELLIQ.ENCE.
CHANCERY.-(THIS DAY•)

LANCASTER V. EVORS.

The further arguments in this part-heard case Oc-
cupied the Lord Chancellor the whole morning. The
arguments have already extended to two days,

QUEEN'S BENCH.--(THIS DAY.)
(Sittings in Banco.)
MILES V. BOUGH.

This was an action brought by Mr. P. J. Miles, a
banker, carrying on business in Bristol, who was also
treasurer to the trustees for . the building the Clifton
Suspension-bridge, against the defendant, to recover
certain moneys alleged to be due for arrears of calls for
the carrying on that undertaking.
It appeared that some years singe a sum of money
had been left by a merchant of Bristol, for the pur-
pose of accumulating for a certain number of years,
and if, within that, time, a bridge should be begun
across the Avon, at Clifton, then the testator directed
that the sum in question should be given to the trus-
trees of such bridge, in order to go towards defraying
the expense of its erection. Before the expiration of
the time an Act of Parliament was procured for the
purpose of erecting the Clifton Suspension Bridge.
By that Act trustees were appointed to superintend
the work, and were authorised to receive gifts and
loans for the earring on the work. Several persons,
among whom was the defendant, agreed to advance
sums of money in furtherance of the undertaking, and
the plaintiff, as treasurer, and as such authorised to
sue by Act of Parliament, had brought the present
action for arrears of calls alleged to be due from de-
fendant. The case was tried at Bristol, and a verdict
had been returned for the plaintiff. A rule nisi had
been obtained for a nonsuit by Mr. Sergeant Bompas,
on the grounds that the plaintiff had never been
legally appointed treasurer, and therefore was not en-
titled to sue that the trustees had no power to
appoint him, they never having been legally
s
worn ; ,that 11() notice had been given ,of
tpleierieyalslig;nethdabtyihae
person having . had "been impro7ing no authority to sign
them ; and that the calls had not been ordered to be
paid to any peison authorised to receive them.
Mr. ERLE this morning showed cause against the
rule. It was contended that the treasurer had not
been properly appointed, because he had been ap-
pointed by .persons having no authority to act as
trustees; if, however, he could prove that the trustees
had been properly appointed, that objection would
fall to the ground. It was contended that they had
not been properly appointed, because by the Act it
was directed that the minutes of the proceedings of each
meeting should be signed by the chairman at each meet-
ing. Now it appeared that the minutes of the proceed-
ings of each meeting had been taken down by the clerk,
afterwards put in form, and then signed by the chair-
man, and he contended that this was a sufficient com-
pliance with the provisions of the Act of Parliament,
and adduced several authorities in support of his argu-,
ment. It was certainly the fact that at the beginning
of the records of the proceedings of the trustees their
names were mentioned without stating when they
were sworn; but it appeared that on each day when%
trustee had been sworn in, a notification to that effect
had been entered on the minutes of the meeting,
and that he contended was a sufficient jurat. The
ground on which the objection to the notice
of the calls had been made was, that they had
been signed by a clerk of Messrs. Osborne and
g•
Ward, clerks to the trustees, in the name of the firm.
Now, it appeared that Osborne and Ward were at-
torneys in Bristol, who had given this clerk a eneral
authority to sign the name of the firm. This, he con-
tended, was sufficient to authorise him to sign the
demand for calls without and'special authorisation
from them as clerk to the trustees. With regard tothe last point, it appeared that the calls had been or-
dered to be paid in to the bank of the plaintiff, to the
account of the Treasurer of the Trustees of Clifton'
Suspension Bridge; and that, he contended, was
quite sufficient. If the treasurer had been 'an at-,
turney, the payment at his dike would be sufficient ; .
and therefore he contended that a payment at the_
plaintiff's bank was also sufficient. On these
grounds he submitted that the rule must be
discharged. With regard to los., which it was
contended had been improperly claimed, if the Court
should be of opinion that it had been improperly
claimed, he would not object to have the verdict re-
duced by that amount.
Mr. BUTT followed on the same side.
Mr. Sergeant BOMPAS, in reply, contended, on the
authority of the case of the Queen and the Mayor of
Evesham, that it was absolutely necessary that the
minutes should be signed at the time of the proceed-
ings, and not after. With regard to the lega-
lity of the appointment of the trustees, he
contended that they had been• sworn in in an
informal manner, and, "therefore, that their up •
pointment was void. This point went clearly, to a
nonsuit. If the trustees were not properly appointed,
they could not appoint a treasurer • he, therefore, sub-
mitted that the rule for a
- non-suit must be made ab-
solute.

Mr. Sergeant MANNING followed on the same side.
Lord DENMAN said, that with regard to the objec-
tion that the Minute-book was not signed by the
Chairman, as required by the Act of Parliament, he
was of opinion, on the authority of the decision
of the Court of Common Pleas in the case of the
Southampton Railway Company and Richards, that
the manner in which that book had been signed was
a sufficient compliance with the Act of Parliament.
With regard to the appointment of trustees, and the
manner in which the oath had been taken by them,
lie was of opinion thai the provisions of the Act had been
completely complied with, and that the objection on the
point was' invalid. He was
also of opinion that the
objection, that the call was no proper call, on the
ground that it was ordered to be paid into the bank
to the account of Mr. Mills, the treasurer, was no
valid objection. With regard, however, to the fifth
neither
'that by a trustee, nor by the clerk
was not such a notice as
and sixth points, that no notice had been given of the
calls agreeably. to the provisions of the statute, he was
clearly of opinion that objection was valid. The no-
ticeof the trustees, but a n
person in the employment of the
clerk to the trustees, as clerk to them, in the capa-
city waso
of signedattorneys.
the persons called on were entitled to have, and thm.efore
on that point the verdict must be entered for the de-
fendant. The other objections he thought invalid.
If from the manner in which the case had come be-
fore the Court, it would be impossible to enter a ver-
dict for the defendant, it Was a sufficient ground for
entering a nonsuit, or at all events for granting a
new trial.

Mr.. Justice Williams and Mr. Justice Coleridge
concurred.

BAIL COURT.-(THIS DAY.)
(Before Mr. Justice WIGIITSIAN.)
THE QUEEN V. THE GOVERNOR AND
TRUSTEES OF
TANCRED'S HOSPITAL.

Mr. KELLY in this matter moved for a rule to show
cause why a mandamus should not issue to the Go-
county of York, calling on them to admit Sir Thomas
diuNiNd-ith the bequest. Mr.
the county of York to cer-
tain
Go-
vernor and Trustees of Tancred's
application Christopher
wasß a n
madekes a
underpensioner
the ofde
et the e
ofh o
the i ital. Hospital,
founder,
in the
The
an Act of Parliament
of his body in tail,
but in case of their failure the whole of his estates
were given to trustees for the benefit of certain Iw‘Christopheralii
1 which
ci
rl
trustees,el.aslei Pt
Taisl
asi
sne
for the adtrEseleisce heirs
pub-
lie institutions and charities, as Greenwich and Chel-
sea Hospitals, the Tapered studentship of Lincoln's
Inn, &c. ile also' left property in
the manor of
circumstances, who
of maintaining 12
gentlemenllixl e ' in
beingY ° r
k'
had been clergymen, or land or sea officers,
fionr tnheec
eps
suirtpo ousse
50 years of
age or more, and who were to be inhabitants of Great
Britain, and of the Protestant religion. Each of
these gentlemen was to reside in the Manor souse,
which was made an hospital, and was to receive 401.
in half-yearly payments of 201., and when once
a person was admitted, he remained a
the
for
life. The gentleman on whose behalf present ap-
plication
was made had been both a land and sea offi-
cer ; he was more than 50 years of a
g and at one
time enjoyed an office of high distinction in this coun-
try, but having been reduced by circumstances to
apply for the benefit of the charity, and being recom-
mended to the Governor by Sir Henry- Dymock, the
Champion of England, he was elected a member, and
declared entitled to the advantages of the institution.
The Governor, however, finding that Sir Thomas
13ankes was a married man, though for
many years separated from his wife, .declared
that his title to receive the charity became void, and
denied him the privilege of the hospital. The Secre-
tary and Solicitor of the Institution were applied to
on the subjoct, and the only reason assigned for

denying.him its advantages was, 'his being a married
man. This was not a case for a visitor, and the Act
of Parliament gave no power of removal when once
a person was admitted. He (Mr. Kelly) therefore
thought that this gentleman was unduly removed, and
upon mistaken grounds.—Rule granted.
(LUEEN V. TUB BRISTOL AND EXETER RAILWAY

COMPANY.
Mr. KINGLAKE, in this case, moved for a rule to
show cause why a mandamus should not issue to the
Bristol and Exeter Railway Company, commanding
them to restore a certain turnpike road, and to do cer-
tain other things required by the Act of Parliament.
It appeared, from the affidavits in the case, that the
Company finding it necessary to sink the Taunton,
and Kingston turnpike, which they were empowered
to do, did not re-make it of the same width which it
had before it was interfered with. It was also stated
that a certain bridge under the road was not arched
but horizontal, and not of the required height; and
that certain bridges made over the road mere not suf-
ficiently fenced, mhich was the cause of much incon-
venience and danger to those who were in the habit of
using the turnpike road.—Rule nisi granted.

IN THE MATTER OF HENRY LEE.-APPLICATION FOR

A CERTIORARI.

Mr. CLARKSON applied to the Court in this case
for a certiorari to remove the indictment from the
Central ,Criminal Court to the Queen's Bench. It
appeared from the affidavit of Mr. Lee,-that he mort-
gaged a vessel, called the Pearl, in 1840, to two per-
sons, named Reid and Page, for 1901., who were in-
flicted for a conspiracy. These mortgagees acted as
the owners of the vessel, and having altered her con-
siderably they applied to the officers of Ipswich and
London, to have her registered as a new vessel, under
the name of the Lightning. This was refused by the
authorities, who directed the vessel to be re-registered
as the Pearl, and the register to be handed to the
mortgagor; who offered the mortgage-money to Reid
and Page, which they refused. For this and other
acts they were indicted for a conspiracy to defraud
Lee of his vessel ; and there were many points which
it was desirable should be decided by the Queen's
Bench:—Application granted.

COMMON PLEAS.-(T HIS DAY.)

GIBSON V. BRUCE.

This was an action by the assignees against one of
the creditors of the bankrupt, to recover the amount
of certain bills of exchange given to the defendant
by the bankrupt, being in excess of the due portion of
dividend accruing to the defendant under the deed of
composition. The bills were paid into the-bank of
Williams, Brown, and Co., of Leeds, by them endorsed
to Brown, Jansen, and Co., London, and paid by the
bankrupt in regular course, without any protest on
his part that they had been obtained from him
by extortion, and whilst nuder duresse. On
the trial the Learned Judge directed that
the defendant had made out his plea, that
the payment by the bankrupt was voluntary, and
that tie plaintiffs had not sustained the allegation
that the bills were extorted by the defendant's refusal
to sign the deed, and make disclosures to the general
body of the creditors to the prejudice of the bankrupt.
Accordingly the Jury found for the defendant.
_ _

Suliscriuntly,i.Sirliaomas Wild ol4taine4 a rule for
a netT trial, on the ground of misdirection, against
which Mr. Sergeant Bompas showed cause at great
length on Saturday, and this morning the Court was
chiefly occupied in hearing Sir T. Wilde in support
of the rule.

Their LORDSHIPS said that the question was one of
great commercial and legal importance; and as it
seemed to the Court, at present, that if the case were
sent down again for trial, it would probably be made
the subject of a bill of exceptions, it might be as well
to determine the matter here, and therefore they would
take some time to consider.

INSOLVENT COURT-(T HIS DAY.)

IN RE JOHN BURY.

The insolvent carried on business as a law-stationer
in Chancery-lane, and his petition was opposed by
Mr. Cresswell, on the grounds of undue preference,
and having falsely assumed a right in certain property
to the deception of his creditors.
It appeared he had assigned all his property to Mr.
Robert Grangley, of Chancery-lane, and also that he
had written to the opposing creditor, stating that he
would pay him the amount of his debt as soon as he
received his rents, which rents only came through his
hands as the agent of a lady named Morgan.
Mr. Commissioner llAiuus held that the opposition
could not be supported, and ordered the insolvent to
be discharged.

IN RE JOIIN WARREN.
In this case the insolvent had been an extensive
upholsterer and piano-forte manufacturer. He was
opposed in person by a creditor named John Slator,
on the ground of having vexatiously defended an
action brought to recover his debt.
In the insolvent's examination he stated that he had
compounded with his creditors in January, 1841,
when 4s. in the pound was paid. A great number of
, pianos were sent into the insolvent's wareroom by a
person named Connor, who subsequently got them
back again.

The—opposing creditor called a number of wit-
nesses, whose evidence put him completely out of
Court. lie was then about to examine tide insolvent
respecting a horse and chaise he occasionally lent to a
friend, when
Mr. Commissioner HARRIS said the Animus by
which the opposing creditor was actuated was quite
manifest, and in many instances the admissions
of insolvents had, through malevolence, been made
the subject of Excise prosecutions, and the present line
of examination should, therefore, be discontinued.
The insolvent was then ordered to be discharged.
IN RE GEORGE WEBB BROMFIELD.

• This insolvent was opposed by Mr.,Cresswell, on be-
half of Messrs. Brigley, upon similar grounds to the
former. It appeared that he had been a bankrupt, in
March last, when he obtained his certificate, and al-
though the debt upon which he was now imprisoned
was due at that time the opposing creditor declined to
prove under the fiat, and upon sueing the insolvent
the action was defended, whereby costs doubling the
amount of the original debt were incurred.
Mr. CoMmissioner HARRIS said the law compelled
a remand under the circumstances, but as the insolvent
had already paid a dividend under his bankruptcy,
and because he had a large family dependent upon
him, he should pronounce the shortest one possible.
He was then remanded for two months.

POLICE INTELLIGENCE
BOW-STREET.7-(THIS

A boy named Philip Russell wag charged with
stealing several blocks of wood, the property of the
Metropolitan Wood Paving Company. It appeared
that the prisoner was seen to take the wood in ques-
tion as it was lying in the Strand, ready to be laid
down. He was stopped with the wood in his posses-
sion, and given into custody.
The prisoner said in his defence that his sister had
told him that the watchman had given her permission
to take the wood.
Mr. HALL sent for the sister, and it appeared that
this statement was not true. The father of the boy
came, and said that the prisoner had seen others do
the same thing, and he supposed this was the reason
for his taking the wood.
Mr. HALL said the defence set up by the father for
his son was only calculated to make the boy worse.
He should remand him till Thursday, and in the mean-
time consider whether he would sencHlim fog trial.

CUSTOMS' ROBBERY COMMIS-
SI ON.—(TRIS DAY.)
The Commissioners appointed to investigate into
the circumstances attending the late robberies at the
Custom-house held their first meeting this morning at
Gwydir House, Whitehall. The Commissioners are
Lord Granville Somerset, chairman, Mr. Pringle, Mr.
W. E. Gladstone, Mr. B. Baring, and Mr. Gaskill.
Mr. Courtenay is the secretary. The proceedings
were strictly private, none being admitted except
those summoned by the Commissioners to attend.

The General Steam Navigation COMpany's vessel
the Ocean, from Rotterdam, arrived off the Custom-
house yesterday, with the Dutch mail.
INCENDIARY FIRE AT BEENHAAL—An alarming.
fire broke out on Saturday evening last at Severn
Barn Farm, situate in Beenham Fields, about eight
miles on the Bath road, and, from the suspicious cir-
cumstances attending it, there is every reason to fear
it owed its origin to an incendiary. The farm is the
property of Major-General Dickson, and is occupied
by Mr. W. Perrin Brokenbrow ; it consisted of a
large barn, with a range of out-buildings, immedi-
ately adjacent, and several wheat, hay, and oak ricks ;
there was, fortunately, no dwelling-house on the pre-
mises, nor within some distance from the farm. The
fire lasted nearly twenty-four hours, and consumed
the whole of the buildings, with several ricks, and
much other valuable property. A reward of 2001.
has been offered for " such information as shall lead
to the apprehension and conviction of the offender or
of&nders. The whole of the property, we under-
stand, was ensured in the Sun Office, but we have not
yet heard the actual extent of damage.—Reading
Mercury.
WILL OF THE LATE HIGH BAILIFF !OF SOUTH-.
wAax.—The will of the late John Holmes Esq.,
who for many years held the office of High Bailiff for
the borough of Southwark, has been proved by the
executor in the Prerogative Court of the Archbishop
of Canterbury, in Doctors' Commons. The personal
property has been sworn under 10,000/., which is
principally left amongst his family. To William
Payne, Esq., the coroner for the city of London, and
his brother, the barrister, a legacy of 201. each is
given, for the purpose of purchasing a ring to his
memory.
A. splendid piece of plate, which was pre-
sented to Mr. Holmes by the salesmen, &c., of the
Borough market, is left to the family as an heirloom.
Wave you improved in riding ?—Not exactly; I have
' fallen ofa great deal lately.

LLOYD'S SFAIPPING—(THIS DAY.)
Lois:pox, No 21.—Wind this day .at noon,
N. to N.E., frei h breeze, and fine clear weather.
DEAL, Nov . 20.—Wind moderate.—Arrd.
Fairlie, India; Vulcan ofiDundee ; Louisa of Boston;
Emily (brig), -Uraguay ; sloop Medora of Halifax.
Sld. Sussex; .j "ohn Pirie John Handy; John Pink,
Morebeaud ; 11ina, Jamaica; Industry, Trinidad;
Ruckers, St.. Vincent'a ; Lydford, Jamaica;
Enmore, Port Phillip; Phoebe, New Zealand;
Anne, Tobago; Isabella, Brown, Barbadoes ; Nia-
gara, Boston - Donald, Demerara; Brazil packet, St.
Thomas's ; Elizabeth, Cape of Good Hope • Media-
tor, New York ; Uveretta, Sydney; John 'Graham,
Ceylon ; and all the outward bound. -
PORTSMOUTH, Nov. 19.—Wind S.W. fresh breeze,
N.N.E. to E.—Arrd. her Majesty-'s ship Dolphin,
Africa, left Ascension 14th ult. ; Sovereign and Nau-
tilus (transports), Quebec. Sld. her Majesty's ship
Curacao, eastward.
LivEnrooL, Nov. 19.—The Forest, from Portland
to Havannah was fallen in with 11th ult., waterlogged
and the crew taken off by the Alice Jane, arrived here
from Laguna, whichexperienced a hurricane Bth ult.,
in lat. 32, lon. 74, and was thrown on her beam ends.

•
RAMSEY, ISLE OF MAN, Nov. 19.—A piece of
wreck, marked Royal Albert, in gilt letters, was
washed ashore 9th instant, and yesterday morning
some hatches, apparently belonging to a large fiat,
came ashore near here.
HULL, Nov. 19.—The Manchester, Armstrong,
from St. Petersburgh to Hull, was stranded 9th inst.
on 'the coast of Norway, crew saved.
LIVERPOOL, Nov. 19.—Wind W.S.W., fresh.
20. E.S.E., light. Arrd. Aden, Ponsonby,
Singapore ; Tigris, M'Gill, Calcutta, sailed
from St. Helena September 26 ; Universe,
Ritchie, Bombay, left Cape of Good Hope Sept. 14;
Huddersfield, Young, Bonny, sailed August 21,
Fernando Po 25 ; Royal Archer, Scott, and Broad
Axe, M'Coy, Bahia ; Alice Jane, Laguna, sld. Sept.
11 ; Virginia, Eaton, Charleston; Severn, Driscoll,
St. John's, Now Brunswick; New York packet,
Downing, Bombay. Arrd. off, Thomas Miller, Per-
nambuco; Evergreen, St. John's, New Brunswick.
Sid. Columbia packet, Boston ; Dryad, Singapore ;
Forester, Monte Video ; Bland, Calcutta; Antonio,
Rio Janeiro ; Agnes, St. Thomas ; Ulveston, New
Orleans ; Vanguard, Sierra Leone.
KINGSTOWN, Nov. 19.—Arrd. Astrea, Quebec.
NEWRY, Nov. 16.—Arrd. Tagus, Bathurst.
SOUTMAMPTON, Nov. 20.--Arrd. Rainbow, Que-
bec • Liverpool packet, with Mediterranean mails.
Orr MARGATE, NOV. 19.—Twenty-ninth May,
Bieuveau, Valparaiso; Artemis, Goulburn, Moulmein.
PORTSMOUTH, Nov. 20.—Sid. Vernon, Madeira.
Arrd off—lndian, English, Calcutta.
FALMOUTH, Nov. 19.—Wind S. S. W. to W., fresh
gales. 20, fresh breeze.—Arrd. John George, and
Ida, Thompson, Calcutta, sld. from St. Helena, 2d ult.
GUERNSEY..,_Nov. 18.—Arrd. Hero, Rio Janeiro.
BELFAST, N OV. 17.—S1d. J. T. Dobree, Demerara.
Coax, Nov. 17.—Sld. Xarifa, Barbadoes.
JERSEY, Nov. 17.—Shl. Hebe, Hazard, and Des-
landes, Rio.
SIIIELIIS Nov. 17.—Arrd. harvest Home, Thom-
son, Miramichi. Sld. Henriette, Rio Janeiro ; Norma,
Sierra -Leone.