The Sun.
London, England, 1845-12-04 00:00:00

LAY. His Lordship's opinion on the subject is now a
matter of history, and will form a most interesting
episode of the history of the corn-laws when
the country is relieved from this ruinous,
unjust, and oppressive tax. Mr. MACAULAY
in his speech joined cordially in the sentiments ex-
pressed by the leader of the Opposition, and the result
of the meeting altogether left no doubt that this great
question must be settled speedily, and to the entire
satisfaction of the free-traders. A requisition has been
presented to the LORD PROVOST of Glasgow, numerously
signed, calling upon him to assemble a meeting of the
inhabitants for a similar purpose, and no doubt re-
mained that in that great commercial city the cry for
free trade, and, above all, for free trade in corn, would
even be louder than at Edinburgh. At a meeting of the
Corporation of Dublin, on Tuesday, Mr. O'CONNELL gave
notice of the -following motion :—" That an address be
presented to her MAJESTY, praying that she may direct
that measures should be taken for opening the ports,
and for feeding and supporting the Iri.h people." The
LORD MAYOR of London, it appears, still hangs back, and
allows his Tory principles to obstruct, as far as he
can, the expression of public opinion in the
metropolis ; but that very obstruction will only give an
additional impulse to the movement, and give more effect
to the public keling. Already a great number of mer-
chants and bankers have issued a declaration on the sub-
ject of free trade and the corn-laws, and even without
the aid of the LLORD MAYOR it will be generally cir-
culated and signed by thousands in a few
days. The game, in fact, is up. The feelings of the
country can no longer be mistaken or treated with con-
tempt, and the frequent Cabinet Councils held within
the last ten days are the best proofs that the Ministry
begin to see the danger of further delay and mys-
tery in its true light. No Government, pledged to
the maintenance of the corn-laws in any shape,
could exist for a session, nay, for six weeks.
Sir:l/comm. PEEL knows that, and; independent of his
own private opinion on the question, he would not be
mad enough to destroy the popularity already
acquired by his commercial reforms, by absurdly
standing out against the most important reform of all.
He knows that the principle is advocated, hot by Whigs
and Liberals alone, but that many of his supporters are
free-traders, and he must either go with the current or
be swamped. All those engaged in trade—and they are
entitled to credit from their experience—concur in the
sentiments expressed in a petition presented to the House
of Commons, in 1820, by the present Lord ASHBURTON,
that " of the numerous protective and prohibitory duties
of our commercial code, it may be proved, that while all
operate as a heavy tax on the community at large, very
few are of any ultimate benefit to the classes in whose
favour they were originally instituted, and none to the
extent of the loss occasioned by them to other classes."

and raszias, and which must be terminated before
we can make any display of our forces on our
western and south-western frontier. The last move-
ment of ABD-EL-EADER has again complicated the
state of affairs,,by raising a doubt as to whether his plan
is to canton himself in Morocco with the emigrant tribes,
or leaving them in safety in that country, to establish
himself with his new army in the Algerian Sahara, at
Djebel Amour, at El Aghouat, or at the eastern extre-
mity of the Chats; to harass uson our southern frontier;
to penetrate into the Tell by rapid marches ; to sud-
denly retire and extend his operations to the south of
Tittery, and push his cavalry as far as the confines of
the province of Constantine. It is to be wished that
the present march of the EMIR on the side of Tanguine
may be merely an attempt, a coup de main, without any
determinate plan, and that we may soon hear of his re-
turn into the west. We cannot, however, believe that
he will definitively re-enter Morocco until he has been
compelled to do so by our arms, or by his want of pro -
visions in Algeria."
The Notional gives more minute details, and follows
these with remarks on the hopeless contest in which
France is engaged, and the total incapacity of the man
to whom the KING and his Ministers have handed over
the whole government of that expensive colony. The
article is not long, and we give it entire, because it de-
scribes at the same time the power of ABD.EL-KADER
and the weakness of BUGEAUD and his lieutenants :
"At each new combat our troops give new proofs of their
intrepidity and ardour, and of the patience under fatigue,
which is still more rare than courage in presence of the
enemy. All the chiefs of corps vie with each ether in prais-
ing the courage of their men, and public opinion in France
accepts these commendations with joy. But this for the
present is the only completely satisfactory result of the last
operations, for from the official reports themselves it appears
that our affairs have not much improved. The insurrection
continues; the province of Oran is agitated in the same way
as before; the long interrupted communications between Oran
and Tlemcen have not been reeestablished ; the emigration
coniinues ; the chastised tribes only give in uncertain sub-
missions; and it is found necessary to be continually sending
columns from one point to another to prevent new insurrec-
tions. The audacity of the scheriffs of Abd-el-Kader is re-
doubled. Bou Maza has approached Orleansville with a large
force to menace the town and attack the allies, who were
kept from co-operating against us by the power of our arms.
All the tribes of the circle of Tenez are in open revolt, and
as soon as our troops approach them they fly, obeying the
injunction of Bou Maze., who says to them, according to
a letter from Colonel St. Arnaud to General de Bar,
Fly 1 do not defend yourselves but when you are com-
pelled, offer terms of submission, and wait for events.'
On the other hand, Abd-el-Kader, who was supposed
to be in the west, appears to have passed between our
columns, and to be advancing to the south. He takes with
him all the tribes to whom he addresses himself, and the
efforts of our generals to come up with this redoubtable Bo-
hemian (Gipsy), who is well seconded by the fanaticism
which he has roused, have as yet been vain. Such is the
succinct resume of the last news, stripped of the brilliant
feats of our army. They do not present a brilliant perspec-
tive. A large portion of the population flies before us; an•
other portion of our conquest also escapes. We have all to
do over again. If we had for the last ten years kept up be-
tween Europe and Africa a current of emigration, we should
have reason to rejoice at, and not regret, these emigrations
of the Arabs; but nothing of this kind has been done under
our detestable regime; we have only perpetuated in Algeria
a ruinous and uncertain situation. It would seem as if it had
been intended to keep up in Algeria an ever- bleeding wound,
and to. make France disgusted with her conquest. From
time to time we receive pompous bulletins, and our vigilance
is lulled by flatteries to our pride. The Government is given
up to chance • colonisation is neglected; we take for security
the fatigue of enemy who is merely recruiting his strength,
and suddenly we are aroused from our slumber by an insur-
rection which no pains had been taken to prevent. We know
not whether this last lesson will be of use to us, but we may
assert that an experience will be useless, so long as we leave
the direction of affairs to Ministers whose incapacity or want
of will is shown, and so long as we abandon the fate of Algeria
to the incurable want of foresight and systematic obstinacy
of Marshal Bugeaud."
" The dispatches from Africa," says the Siacle," with-
out raising any alarm as to the future fate of those colonies,
at the same time put an end to all doubts as to the con-
flagration of the western provinces. In face of the diffi •
culties which are revealed, and considering the distance
at which we are from the scene, we have refrained from
passing any precipitate judgment upon the plan and
operations of Marshal BUGEATD ; but it is too evident
that his return into Algeria has not had that prompt and
decisive effect in repressing the revolt that he himself
seemed to expect. ABD-EL-KADER, who was believed
to have been driven back into the desert, has again made
his appearance, and draws the population after him
wherever he moves."

Our readers, no doubt, remember the case of the Rev.
WILLIAM DAY, who, at the Spring Assizes at Aylesbury,
was indicted for cutting and maiming one of his parish-
ioners, named BATCHELOR, and, being convicted of the
assault, was sentenced to be imprisoned in the com-
mon gaol of Aylesbury for six weeks. If
we mistake not, this was by no means the
first appearance of this reverend misdemeanant before
" My Lords the QUEEN'S Justices," at the Bucking-
hamshire assizes. There was a case of horrible cruelty
to a sheep, in which, if we mistake not, the Rev. Rector
of Hawridge narrowly escaped conviction, through
the intervention of the late Lord ABINCER, who
tried the case, and screened the Rector.
The attention of the Bishop of LINCOLN having been
drawn to the conduct of this clergyman, his Lord-
ship, in the execution of his duty, promotes a cause
in the Arches' Court, under the provisions of the
Church Discipline Act, against him. The charges are
for having addicted himself to continual and ex-
cessive drinking of wine, beer, and spirituous
liquors, so as frequently to be intoxicated,
and particularly for having been in a state of intoxi-
cation on the sth of June, 1844, in the Rose and
Crown public-house, at Hawridge; and, also, for having,
since the issuing of a commission of inquiry by the Lord
Bishop continued to addict himself to habitual and
excessive drinking, so as frequently to be intoxicated,
and also for having been convicted at the assizes
held at Aylesbury, on the 10th of March,
1845, of an assault upon THOMAS BATCHELOR,
having thereby occasioned great scandal to the Church.
Such were the charges on which Sir HERBERT JENNER
FAST was yesterday called upon to give judgment, and
if ever there was a judgment which proved the absolute
necessity that exists for a thorough and complete reform
of our Ecclesiastical Courts, it is the judgment of
Sir HERBERT JENNER FAST in this case. The
Learned Judge considered the article charging
"habitual and excessive drinking and frequenting
public-houses to be sufficiently proved." With
regard to the nest article, the Learned Judge con.
iiirewitimrnm-ivLa th. t_
ara a e , a we would was to call or readers' atten-
tion to the passage in the judgment :
" The next article charged, that Mr. Day, on some day in
May, 1843, went to the Rose and Crown, drank there to ex-
cess, and in a state of intoxication left the house with Benja-
min Batchelor, and, after preceeding a-short distance, a large
dog, belonging to Mr.Weedon, followed a small dog with Mr.
Day, who said, I will do the rascal ;' and, taking out a knife,
gave the large dog a cut, or slash in the throat. The Learned
Judge observed, that the Court was not called upon to censure
Mr. Day for cutting the dog's throat, but to decide whether
he was intoxicated at that time; and, although Pitkin, the
landlord, had deposed that Mr. Day was ' very fresh,' and
that he staggered in his walk, Batchelor, who had the best
means of judging, says he was not intoxicated. The ques-
tion was less material, because the exact day in the month of
May, 1843 when the circumstance occurred was not fixed,
and it might have been before the 10th, in which case the
offence would be beyond the limit of two years. The Court
could not, therefore, hold that this article was established by
the evidence."
Now, the acquittal on this article makes the conviction
on the first article of infinitely greater importance. Here
is this clergyman, after drinking in a public-house until
he was very fresh, and staggered in his walk, found cutting
the throat of a neighbour's dog. The Judge, it seems, did
not feel himself called upon to censure the
cutting the dog's throat ; but he does not consider the
fact of staggering as conclusive proof of intoxica
tion, and, therefore, acquits the clergyman.

We subjoin some miscellaneous extracts from the

papers :

"The squadron for the expedition against Madagascar is
about to sail. According to the Constztutionnel, it is com-
posed of the frigates La Gloire, Captain Aubry Bailleul ;
Armide, Captain Despointes ; Reine Blanche, Captain Gatier ;
Belle Poole, Captain Grael ; and Pschye, Captain Doret.
But as Captain Grael is appointed Governor of the Island of
Bourbon, he will on his arrival be replaced by Captain Des-
fosses, commandant of that station, who will take the general
command of the expedition. The frigates will not take out
their full complements, because they will have to carry
troops of infantry, marine artillery, and engineers. Two or
three store-sloops will accompany them. The command of
the troops is given to General Duvivier, who has served for
a long time in Africa."
The Gazette de Lyon of the 30th ult., says:—
" Our market haa_hraggral_clavg hazii ;r. . --t-i- --c t.------4-
...,-....,..v- 11,111- l/ U I position. A scarcity of money
is everywhere felt; and from the depression of prices in all
kinds of manufactured goods, considerable losses have been
sustained. Want of credit is extreme, and the panic which
attends moments of crisis aggravates the evil, by adding in-
considerate alarms to the general mistrust. Every man feels
it necessary to be cautious, so that all business may be said
to be suspended. We are informed that, under the influence
of these disastrous circumstances, a meeting of the principal
manufacturers took place the day before yesterday, to take
into consideration the injury done by the temptations offered
to divert capital, by the facility afforded to speculators and
gamblers by the establishment of a stock exchange; and it
is said that a petition for its suppression was unanimously
agreed upon."
"A royalordinance in the Moniteur directs the publication
of the treaty of friendship, commerce, and navigation con-
cluded on the 24th of September, 1844, between France and
China.

RAILWAYS. PER SHARE.
Akita airni",-iiidligiii... —.. ...
Armagh, Coleraine, Portrush 1% to
Aylesbury and Theme ..... -.. 1% —
Belfast &County Down
Bideford and Tavistock .. ... 1%.....
Birmingham and Gloucester 100 ..... ,123%
Ditto New Shares
Birmingham and Oxford
Junction
Birmingham and Deicester
Direct - — 5.... to
Boston, Stamford, and Birm. 22s .. „ - ...... to
Bridgewater and Minehead... 425.
Bristol and Exeter ........... 70
Ditto New
to
Bristol and Gloucester
Bristol and Liverpool Junct. 2% ' — to
Buckinghamshire... ............ 425....... par to
Caledonian
Ditto Extension ............ 21%
Cambrian Grand Junction ...
...... to
Cambridge and Lincoln ...... 1% 4 ...... to 3%
Ditto. New IA to
Cambridge and Oxford l% te
Canterbury and Dover IX... ..
Central Kent 2%
Chelmsford and Bury ... ..... 1% 1 ...... to 0%
Chester and Holyhead
Chester and Manchester
Cheltenham and Oxford ..... . 2
Clydesdale Junction-- ....... 5
Cork, Blackrock, and Passages 225.. ... to
Cork and Killarney ... 214 — . .... to
Cork and Waterford A......
Cornwall
Coventry, Nuneaton, Bir.,
and Leicester ll4 ..... -
Dartmouth, Torbay, & Exeter 425. ....
.; .
Derby, Gainsboto', and Great
Grimsby l/ _
...... to. --Derby, Uttoxeter, and Staff'd 2 %.„ .....
...... to
Direct Manch.(Remington's) 2ax;
_
to
Ditto (Rackstrick's) ...... 51A. 3% to
Pirect Northern
Direct Norwich
Du n d Dudley,alkto
Dublin and Armagh
Dublin and Belfast Junction 5 ......
Dublin, Belfast, and Coleraine 2% ___
to
Dublin and Galway 4 ...... --
—iii p
Eastern Counties
Do. New 6l. 16s ....... 6 p .... to 5% p
Madely,adEnitkißllrens.e.i.e.Y.. 22% --
•• • - tto°
_...
to
DD
iot.tPo
,erdpi
tetto.,sNpoe.r
2C.t..N..401..11.
365/..14d35..4.d.
East Dereham and Norwich 1 ......
...
Eastern Union
Ditto % 5hare5........... ..• 24 .-- . ..... to
Ditto Extension
Ditto Ipswich and Bury... 178....• — • ... to
Ditto Extension to Norwich 2% — ...... to
Ditto Cambridge and Ely 2% . to
East Lincolnshire
East and West of England... 1%.....
Edinburgh and Glasgow 5O ..... 65%...... to
Ditto % Shares 12%...••• ..... to
Ditto New % Shares
Edinburgh and Northern...... 11 --- --- to
Edinburgh and Perth l% 3 ...... to
Ely and Huntingdon 5
Enniskillen and Sligo ... 21/2 — .. .. to
Essex and Suffolk ... 1X — to
Exeter, Dorchester, and Wey-
mouth... 42s. ......
Exeter, Yeovil, & Dorchester 2%
Gloucester, Abetystwith, and
Central of Wales
Goole and Doncaster 42s. — to
Grand Junction 100
Ditto % Shares
Ditto Quarter Shares...... 25
GrndUnion(Notting.kLynn) 1% to
Great Eastern and Western.. 2%
GreatG rim sby and Sheffield.- 5
Great South andW.(lrish)... 15 .....
Ditto Extension
Great Munster 2l/Q —
Great North of Scotland ...... 2% — to
Great North of England...... 100 205
Ditto New 5 — to
Ditto New
Great Western BO
Ditto. Half Shares ...... .. 50
Ditto, Quarter Shares ...... 2% 14% to
Ditto Fifths -
Guildford, Fareham, Portms. 21,
Harwich
Hull and Selby .. ... 50 lO2 ..... to 100
Ditto Quarters ... ... ...... 121/2 — ...... to
Ditto, Half Shares
Inverness and Elgin • I .
Ipswich, Norss kb, and Yar-
mouth
Irish North Midland l% — ••• -to
Isle of Axholme 2% to
Killarney Junctions I 1/4 — to
Kendal and Windermere lIA
Lancaster and Carlisle... ..... . 30 ...... 41 ex n to 391/on
Lame, Belfast, & Ballymena 2%...•.• .
Leeds and Carlisle .... ...... .. 2% — to
Leeds and 'West Riding June. IA — ...... to
Leicester and Birmingham... 225. —
Leicester and Bedford 22s.
Leicester and Tamworth 42s. ... .
Liverpool and Manchester... 100
Ditto Half Shares 5O .
Ditto Quarters ..... 25 ......
Liverpool and Leeds Direct... 2% ......
Liverpool, Manchester, and
Newcastle Junction
London and Birmingham —lOO °ll
Ditto Thirds ......
Ditto !4' shares

2

• The cold weather appears to have set in this year earlier
in the south of France than in other parts of the country.
The mountains in the Basses-Alpes have been for some days
covered with snow. The same has occurred towards the
Basses-Pyrenees, and ice has already been seen in the Valley
of the Huveaume, near Marseilles. In that city on Monday
last the thermometer stood at 25
of Fahrenheit."
A letter from Lucerne of the 27th ult. says :-
" The jury charged with the examination into the effair
of M. Len has just charged 31. d'Eschembach, formerly mem-
ber of the Grand Council, Captain Corragioni, and M. Inei-
chen de Rothenburg, as accomplices in the murder of that
gentleman. Three other parties, who hare fled, have been
also indicted, and the examining judge has demanded their
extradition. They are Antoine Muller, brother of the prin-
cipal person accused ; Buhler, formerly member of the Court
of Appeal; and Troller, an inn-keeper at Lucerne. M. Ca-
simir Pfyffer, whose conditional liberation from prison has
been.announced, has been already present at the sitting of
the tribunal of the district, of which he is vice-president.
He is, nevertheless, under a kind of surveillance, and has
been compelled to furnish 5,000 francs caution money,for not
having made the authorities acquainted with the intended
assassination of M. Leu,_ of which he had been informed."
The market both for Stock and Shares on the Paris Bourse
was very firm on Tuesday, and prices rose considerably. The
Three per Cents closed at 821. 40c.; the Five per Cents.,
117 f. 25c.; the Orleans Railroad Shares, 1,125 f.; Rouen,
920 f. 9 • Northern, 6801.; Havre, 715 f. • Avignon, 850 f.; Vier-
zon, 630 f.; Fampoux, 4751. ; Bourdeaux, 580 f.; Boulogne,
500 f. ;Troyes and Montereau, 415 f. ; Basle, 2321. 50c. ; Lyons
(definitive) were done at 40f. prem.; Strasbourg ditto at 5f.;
and Nantes ditto at 10f.
The following are the quotations for other lines:-
Paris and Lyons Railroad (Laffitte), 2f. premium; ditto
(Calon), par ; ditto (Ganneron ), par ; ditto (Lapinsonniere),
par ; Union, 505 f. ; Mornay, par; Receveurs-Genereaux,
501 f.; Paris and Strasbourg (Ganneron), 501 f. ; ditto (llin-
gnerlot), 501 f.; ditto (Becket), par ; Tours and Nantes
( Mackenzie), 502 f. ; ditto (Drouillard), par ; ditto (Le-
fevre), par; Lyons and Avignon (Talabot), 505 f.; ditto
(Lecointe), 502 f. ; ditto (Compagnie Meridionale), 5011. ;
Bordeaux and Cette (Mackenzie), par; ditto (Espeleta),
5021. ; Creil and St. Quentin (Kysaens), par; ditto (Ca-
rette), 500 f. 50c.; ditto (Colbert), par.
MARSEILLES, Nov. 28.-Marseilles and Avignon, 8351. •
Boulogne,slof. ; Wierzon, 630 f ; Orleans and Bordeaux, 580 f:
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE, DEC. 3.
Anglo-Belgian - Mauritius
Boulogne and Amiens.. 73/4 Namur and Liege 2l/2
Bordeaux &Mediterran - North Jamaica
Bordeaux and Toulouse - Orleans and Vierzen

overwhelming, therefore, must have been the
evidence in support of the first charge which
could induce Sir 11. J. FAST to declare it proved.
The charge of having been convicted of an assault in
having, in a state of intoxication, cut one THOMAS
BATCHELOR with a knife, was also admitted to be proved.
The effect of the Rev. Gentlemen's example on his
parishioners is thus stated by the Judge

" The effect of the conduct on the part of Mr. Day had
been to create a great scandal in the parish, and whereas,
heretofore the congregation at the church had consisted of
about 100 persons, for some time past very few had attended
divine service, thereby showing that Mr. Day was much
worse than useless."

Now, what does the reader think was the sentence upon
his rev. drunkard—this cutter of the throats of dogs—
,his stabber of men—this convicted misdemeanant ?

Had he been an officer in the army or navy,
he would most assuredly have been cashiered.
Had he been a barrister, be would have been disbarred.
Had he been a policeman, a clerk, or in fact anything,
save and except a clergyman of the Church of England,
he would have been dismissed from the office which

he had disgraced by his scandalous excesses;
but, being a clergyman:of the Church of England, he is

sentenced, not to deprivation, but to be suspended for
three years, and until he produce a certificate of
_ _

good behaviour. In no other Church—among the
members of rno other sect—would a man, who
_ _ _

had so scandalously misconducted himself, have ever

been permitted again to desecrate, by performing the
sacred rites of religion. As friends to the Church,
we lament this misplaced leniency. Those are the true

Do. &:Cette (Espelete)
Do. (Mackenzie's) ..
Callao, Lima, and Pa-

15
Orleans and Bordeaux 10
Over Yssel
Paris & Lyons (Laffitte'

friends to the Church who would, by removing from her

_ ..
ministry for ever all such men as the Rev. WILLIADI

citie Coast
Central of Spain
Ceylon . ....... ..........
Demerara

.ce) 2
Ditto (Ganiieron's).
Ditto (Caloa's)....
Ditto (Sud Est)
Paris and Orleant

DAY, set her right in the public opinion.

IL.. .

Madrid journals of the 26th ult. contain no news. On
the Bourse the Three per Cents. were quoted at 36 at
60 days, but no business was done in the Five per Cents.

Dendre Valley ...... %
Dutch Rhenish ...... 7
Dieppe & Paris Junct.
Dijon and Mulhouse ...
East Indian ........ 1
Fainpeux & Hazebrouk
Grt Northern of France
Constituted
Do. Pepin lo Halleur —
Great Paris and Lyons —
Great Western Bengal
Great Western Canada
Jamaica & Mid. Junction
Do. North Midland —
Do. Extension
Jersey
Louvain and Jemappe '
Lyons and Avignon —
Luxembourg
Madrid and Valencia —

Paris and Rouen
Paris and Strasburg
(Gann eron's)
Do. (Ay]nard's) 2
Do. (Comps de L'Est)
Paris and St. Quentin.
Rouen and Havre —
Royal North of Spain —
Sambre and Meuse .... 4:4
Strasburg and Basle ...
Teurnay,Jurbise, Lan-
den, and Hasselt ...
Tours and Nantes
(Mackenzie's)
Do. (Lefebvre's) .....
Do. (O'Neill's). .......
Trinidad
Verona and Ancona....
West Flanders

The Paris Moniteur, as well as most of the other
papers, contain seven official dispatches from Marshal
BUGEAUD, furnishing details of the movement of troops,
and the state of affairs in Algeria up to November 25.
They are, on the whole, of a very unfavourable cha-
racter. The presence of tl.e Marshal, with the rein-
forcement of 20,000 additional troops, appears to have
produced no effect whatever on ABD EL-KADER and the
vast number of tribes that adhere to him as their
leader. He, in fact, keeps the French com-
pletely at bay ; no station is secure, and no detach-
ment is safe from the attacks of that enterprising chief-
tain, or his lieutenant, Bou MAZA, who rivals him in
patriotism and energy. Most of the Opposition journals,
and not without reason, condemn in the strongest terms the
policy of BUGEAUD, and consider that there will be no
end of the ruinous system while such a vain, imprudent,
incapable, and unmanageable Governor is at the head
of affairs. Even the Government paper, the Journal des
Dgbats, gives a very glooomy account of the state of
affairs. "It is impossible," it says, "to dissemble, that
according to the reports just received, the state of affairs
in Algeria does not present any decisive amelioration,
and that we ar
i again compelled to have recourse to
e
harassing and incessant expeditions against that multi-
tude of tribes, which, though they have for the tenth
time submitted themselves to us, have been again excited
to revolt by the agents of the EMIR. This is a !abort.
ous task, which can only be accomplished by pursuits

A Cabinet Council was held, at three o'clock this afternoon,
at the Foreign-office Sir R. Peel, the Duke of Wellington,
Lord Stanley, and the other Ministers in town were present.
MORTALITY IN THE METROPOLIS.—The number of deaths
is on the increase, as is usual on the approach of winter, and
during the week ending Saturday, Nov. 29, amounted to 963,
exceeding that of the preceding week by 54. The increase
is chiefly in diseases of the lungs, and the organs of respira-
tion, the number under that head showing an excess over the
averages of five autumn?. Tho total amount was 331, last
week 294, and average 323. The measles appear to be less
virulent, though the number of deaths are twice as great as
the average. The violent deaths were 20, of which 6 were
suicides.

WESTMINSTER ScnooL.—The play selected for
representation by the Queen's scholars during the present
month is the Andria of Terence. The days of performance
are fixed for Monday the Bth, Thursday the 11th, and Mon-
day the 15th instant.

THE SUN, LONDON, THURSDAY EVENING, DECEMBER 4 18-15

Ditto. Fifths .
MONEY and COMMERCIAL NEWS
London & Blackwell... 161. 13s. 4d.......
Ditto Extension
CITY, QUARTER To THREE.
to -
-
There was a fair demand for Cotton at Liverpool yester- Do. New l% - to day, and 4,000 to 5,000 bales were%old. Prices were lower Do. Extension .. 3 - to -
-
than on Friday last, and the market continued to be well London and Brighton 5O -
supplied.
Ditto Consolidated Bth s 35 - to -
-
There was rather more business doing in Shares, but the Ditto, Sixths O% -
market was without any other change to notice. London and Croydon 13/. 15s. 9d. lB% 19 -to 18%
Accounts to October from the Cape of Good Hope, received Ditto Guaranteed 5 per Ct. 8 -4 -
to-day, state :-While accounts from all parts of the colony London, Cheltenham, Oxford,
represent the crops and approaching harvest as exceeding in Gloucester, and Hereford... 1%
London and Greenwich... 12/.155. 4d -
promise any other in the memory. of man, the statement of
to -
the actual revenue and expenditure for the third quarter Ditto Preference ...... ...18/ 17s 2c1... - -
of the years 1844 and 1845, respectively, given in yes- London, Hounslow, &Western 2 . .... - -
terday's Gazette, exhibit, from another point of view, London and South Western.. 41% -.. ... to -
the prosperous condition of the country at large. Do. New consolidated Bths.. 20 -
There has been an increase on all the heads of re- Ditto New .... .. 7%.. ... 141/2 to -
venue that bear upon the comforts and enjoyments Do. New .......... .....- .. -. 6. . .... - -
or upon real transactions and business. The revenue from London and South Essex 234 .... - -
Custems is taken in all countries as a good test of the tem- London and Y0rk........ ...... 2% 3%3/4 4to 3%
poral condition of the population, and it is particularly so in London and Windsor .... ... 1 - -
this colony, as it indicates not only the amount of luxuries, Lon.,Warwck, Kidderminster 2% l% to -
as many foreign articles are called, that are rather prized for London, Salisbury, & Yeovil 2% 2% to -
their rarity than their use, but of such articles as cloth, Londonderry and Coleraine... 5 ....- - - Londonderry and Enniskillen 5 - ...... to -
--
cultural implements, furniture, books - for the en- Lynn and Ely -
tire supply of which articles the Cape is indebted Lynn and Dereham - to -
to its foreign trade. This test has been growing hl
Ditto and Leeds 76 ..... - ...... to -
more and more favourable to the Cape for several years back, Ditto Half Shares - ...... to -
but for some of those years the increase was, in part, due to Ditto Quarters - to -
changes in the tariff. The increase for the present year, Ditto Sixteenths ...........414 - to -
however, arises solely from increased consumption; and the Manchester and Birmingham 40 7Ol/2 to -
following figures exhibit the extent of this increase. Flom Ditto Q Ist July to 30th September, 1844, 11,8631. 6s. 2d. ; from Ist
Ditto New uarters 4 -
Quarters .. ...
July to 30th September, 1845, 21,787/. 17s. 2d. ; increase in Do. Continuation .. to -
& Welsh
2
the quarter, 9,9241. 1 Is.
There is also an increase on stamps, transfer dues, auction Junction l% - to -
dues, and postage, all of them indicating increased activity Manch. Buxton, & Matlock 425.
Manche.ster,Birmingham,and 3 p...... to 2%
•
and enlargement of transactions.
To these the watchfulness and prudence of the present Manchester & Rugby Direct -Mould Junction
Government have added another source of revenue, tempo- Manchester and Southampton 2 -
-
charge for licenses to temove guano from rocks and islands Ditto Fifths - to -
on the coast. These licenses for the last three months Ditto, New
realised no less than 28,705/. 17s. 9th.
Midland, Birm., and Derby...loo - ...... to -
In round numbers the total revenue for the third quarterof Midland and Eastern Counties 1% - ....,. to -
last year was 40,0001.; for this year it is 77,0001.
II idld. Great Western (Irish) 2% ' - to -
Of this statement the Government may well be proud ; Do. Extension (No. l) ... 234 - to -
and the people may well be content and thankful.
Newcastle &Darlington aline. 25 - to -
We have before us swell-timed pamphlet, entitled " The Ditto New Brandling - to -
Folly of the Present Panic in the Share Market," published Newcastle and Berwick
by Effingham Wilson. The following are extracts :- Newcastle and Carlisle lOO ...... - -
" There can be little doubt that were the Oregon question Newcastle, D urh am, and Lan.
set at rest, the railway market would revive. The alarm cashire Junction l% - ...... to -
excited by this question must, therefore, be considered as Newport and Abe
. 2% - to -
one of the principal causes of the present depression : and is New Ross and Carlow 22s. - -
it not degrading to our national character, that we should be Newry and Enniskillen -
Newark, Sheffield, and Boston 22;1 ...... -23/4 to -
scared from our propriety the, moment these repudiators
of the west assume an attitude of hostility, and, like other Norfolk Extension - - to -
cheats, begin to bully those whom they have previously North British .. ...
defrauded?"
In the followingremat ks we most cordially concur :-"Ditto New B% 534 to 61141 n the- Do. Extension to Carlisle... 1/i 13A... .. to -
whole process (the extension of railways) that has been Do. Extend. to Dalkeith ... 5• 5% to -
sketched, not a farthing is sent out of the country; it is a North Devon -
mere transference from hand to hand ; and even the ruin North of Norfolk - - ..... to -
occasioned by the wildest railway project of the day, Northern and Eastern 45
is an individual and not a national loss. What, Ditto Scrip 35
then, is to be feared P Even should the Legis- Ditto Quarter Shares - -
lature sanction a creation of capital which it would Ditto New -- 1
cause embarrassment to pay up, would Directors enforce the North Kent & 2% 2.. -
payment during a period of monetary difficulty? Is it for
North Stafford Direct Dover
shire...... ...... 425.
to to 3
a moment to be supposed that they would be so insane as North Wales 3% .... - -
to ruin their own proprietary ? The great projects of the North and South Wales and
day are fortunately in the hands of some of the most wealthy
---
and intelligent of our merchants and manufacturers-many Worcester ••• -• • • to -
North. & South. Connecting - - to -
of them are the strang-headed men of the North-and we may
Norwi
rest satisfied that they require neither the coercion of the ch and Brandon
.. ...
Bank of England, nor the lessons of the Times, to enable
Northampton, Banbury, and
Ditto New ditto -
them to conduct the great works which they have undertaken
Cheltenham
Nottingham and Boston l% l% ... .. t o =
-
The fluctuation in the value of Consols for the Account, Notting.,ErewshVal.,&Manc. 1% - -
has to-day, been from 94% to 95%. The price for Money Nottingham and Mansfield... - ..... -..
-
rather large sales this morning of Money Stock. Exche- and Southampton 42s.
quer-bills have been sold as low as Ils. premium : Bank Oxford and Worcester 12% 14% to -
Stock has been quoted at 203%; India Stock at 262 ; and Oxfrd, Witney, & Chianti= 1%.. ... - -
the New Three-and-a-Quarter per Cents. at 95%. Perth and Inverness - to Very little business has been transacted in the Foreign Pilbrow Atmospheric - to -
-
Funds to-day. ,The French Three per Cents. have been Portsmouth] hrect • 33/4 3% to -
quoted at 81f. 75c. ; ex. div. ; Spanish at 27 %to2B ; the Preston and Wyre 5O -
Three per Cents. at 38 ; Mexican at a fahlfrom 31% to 30% ;
Ditto, Half Shares ...... .. 2% - to -
and Danish at 86. One or two bargains were made in the Reading, Guildford, & Reigate 425. ...... - -
Dutch Two-and-a-Half per Cents. at 5914.
Richmond 5 -
There is a good deal of business doing in the Share Market Rugby, Derby, & Manchester 2% - •..... to -
this morning, and prices are more firm.
Rugby and Huntingdon 2 - to -
BRITISH FUNDS THIS DAY AT ONE O'CLOCK. Rugby, Leamington, auu
(From the Official List.) Warwick - -
Bank Stock 203% Scottich Central -
33 per Cent. Reduced A nen:ties 93%% Scottish Midland ... ... 1% IP,Z, to -
per Cent. Consols Anus 94%%'%34 Sheffield and Manchester ...100 - to -
3 per Cent. Annuities, 1726 93% Ditto 14 Shares 8 - to -
New 314 per Cent. Annuities -
Long Annuities Expire sthJan. 1860 lO 7-16 3‘,1% Shropshire Mineral - India Stock 262 Shropshire Union . 42s. ...
.. - -
India Bonds 1,000/ - Shrewsbury and Hereford ... 2%..... - -
Ditto under 1.000/ 35 Shrewsbury, (volverhampton,
Consols for Account - - ... - ~.... to -
Exchequer Bills. 134 d. 11 d. Sligo •and Shannon -
1,000/. - - to -
--
Ditto Small -....17 12 - pm. South Midland
South Staffordshire Junction 2% ...... -
PRICE OF FOREIGN FUNDS AT ONE O'CLOCK.. to -
Danish Bonds 1825, 3 per Cent.... 86 South Eastern and Dover ... 33% ...... - -
Mexican Bonds, 1837, 5 per Cent. - ' ' Ditto, New, No. 1
Ditto for the Account 3ll/2 30% Ditto, New, No. 2 7 -
Portuguese 4 per Cents 58% Ditto New, No. 4. 2% 31A...... to -
Spanish Bonds, 5 per Cent, 1840... - Southampton, Macchester,
Ditto for the Account - and Oxford Junction.
Ditto 3 per Cent - St. Alban's, Hatfield, and
Ditto for the Account 3734 38 Hertford Junction ......... -
Dividends on the above peyable in London. Staines and Richmond,....... 1
French Rentes, 3 per Cent Blf. 75c. Staffordshire and Shropshire 234 - to -
Exchange. 2sf. 70c. South Wales
Dutch 2% per Cents -
Ditto 4 Der Cent. Certificates .. 92% Tean and Dove Valley l% to -
Trent Va11ey..... ..... . ......
.. 2
BUSINESS DONE IN RAILWAY SHARES AT ONE
O'CLOCK. Trent Val. & Holyhead Junc. 254 - to -
- PAID. _ Tring, Reading, & Basingstoke 54 - to -
VairePinand ll"- -
-- 2
.. to -
Warwick and Cheltenham ... 1N - to -
Warwick and Worcester 42s ... - -
Waterford and Kilkenny it . , - -
Waterford and Limerick 7%...., -
Waterford, Wexford, Wicklw,
and Dublin -
Waterford, Wexford, and
Valentia -
Waveney Valley -
Welch Midland
West Cornwall 2 - to -
West Yorkshire - to -
West London, Old Shares ... 20
West End & South . Counties 1% - -
Wexford and Carlow - ...... to -
Wisbeach and St. Ives 2 - to -
Wilts, Somerset, & Sthamptn 1%... .. - -
Wilts,Somerset,&Weymouth 2%...... 214 to 3
Worcester, Hereford, Ross,
and Gloucester ... ......... ... 425. - -
Worcester,Tinbury, &Ludlow - - to -
Wrater, Shrews. & Crewe Un. 1% . to -
Worcester and South Wales.. 425. - -
Worcester,Warwick, & Rugby 425. - -
Yarmouth and Norwich ...... 20 - ...... to -
Ditto, New... .. . 17 -
...... to -
York and Carlisle - -
York and Lancaster ..... 2% .to -
York and North Midland .. 50 - ...... to -
Ditto, Half Shares
Ditto, Scarboro' Branch -
Ditto, Selby 2O - .•
Ditto, Extension -

FOREIGN RAILWAYS.
Anglo-Belgian 4 to
Barbadoes
Boulogne and Amiens 8 e.
7~
Bordeaux and blediteranean 2
Bordeaux, Toulouse, & Cette
(Mackenzie's` 2
Bordeaux, Toulouse, & Cette
(Espelete's)
Calais, Dunk, & W. Flanders
Callao, Lima, & Pacific Coast 1
......
Central of Spain
Ceylon
Demerara.
Dendre Valley
Dijon and Mulhouse 2 . ... .... to
Dutch Rhenish ... 5
East Indian
Eastern Belgian Junction..., 21,4
:tis 4
...4
t to o
_
Fa m pou x and Hazebrouk ..... 2 -
Great Northern of France
Constituted
Great Paris and Lyons 2
Great Western Bengal
Great Western Canada
Jamaica S. Midland Junction 1 -
Jamaica North Midland 1
Ditto Extension -
Jersey 1
Louvain and Jemeppe ...... ... 4
Lyons and Avignon 2 '
... •• to
Luxembeur—

to

ig
Madrid and Valentia
Mauritius 1
Namur and Liege.........
North Jamaica..
Orleans and Vierzon
Orleans and Bordeaux ......... 93/4 .... to 10
Over Yssel 4/ 3s 4d.... — .. .
.... to
Paris and Lyons (Laffitte) ... 2
Parisand Lyons(Ganneron's) 3 ...
Paris and Lyons (Calon's)... 2 - •••.
„ to
Paris and Lyons (Sud Est)... 2
1% to
Paris
and Orleans... ......... ... 20
Paris and Rouen .. ............ 20
Ditto
Do. (Compe de L'Est) 2 ...... 1% to
Paris
(Aymards).. ....... 21/4
Rouen
and St. Queutin ...... ... 2
and Havre lB
Royal North of Spain 2
Sambre and Meuse
to
Strasburg and Bale ..... ...... 14
St. Laurence and Atlantic....
Tournay, Jurbise, Landen,
and Hassel t
Tours &Nantes (Mackenzie) 4 ....
•....,. to
to
Ditto Ditto (Lefebvre's) 2
Do. (O'Neill's) ... ........ ... .. to
2
Trinidad.. to
..... .. ... 2%
.
Verona and Ancona
West Flanders 4
INES.
Real del Monte, Unregistered
Erratum—Warwick and Cheltenham paid 1% instead of 2%.

PLYMOUTH, DEC. 2. —The Nerio, Campbell, arrived here
from Alexandria, must discharge her cargo, which is heated.
BrusroL, DEC. 2 =The Home, arrived here from
Quebec, saw a large brig on shore on the Marnicouagan
Shoal, 10th ult., and a barque on shore below Point Mil..
loathes.
WEYMOUTH.—Wind S.W., strong.—Arrd. Isabella, Robson,
Quebec.
FALMOUTH, DEC. 3.—Fresh gales, and squally.-2.
Britannia, Jacks, St. David's.
PENZANCE, DEC. 2.—Wind W. S.W.—Arrd. Triton, Quebec.
OFF ILFaacomßE, DER. 3.—Jupiter, Hicks, Quebec.
BRISTOL, DEC. 3.—Arrd. Lord Stanley, Dodd, Miramichi.
GLOUCESTER, DEC. 3.—Arrd. Callina, Chadwick, Quebec.
LrvEnPoor, DEC. 3.—Wind W. to N.W., fresh.—Arid.
Cumberland, Power, Maran ham ; Dumbarton, Pendleton, New
Orleans; Herman, Welfa, ditto; Cicinnatti, Wilson, New
York ; Charles, Prince Edward's Island ; Albion, Quebec. Off
port, Abigail and Parker.
WORKINGTON, Nov. 29.—Arrd. Belgrave, Donaldson,
Denibrara ; Bowes, Elwood, Quebec.
PORTLEVEN, DEC. I.—A spar, 48 feet long, having a ring
at the large end, with "House" and another name burnt
on the small end, has come on shore here.
LIVERPOOL, DEC. 3.—The Ellen, Rope, for Madeira, struck
on the bank on the north side of the Victoria Bar yesterday,
whilst in tow of a steamer, and has become a total wreck;
crew saved.

BELFAST, DEC. 2.—The schooner .Active, Sutherwood,
from blaryport, foundered, 29th ult., off the Copeland; crew
saved.

AYR, DEC. 2.—The Berthea, Kelso, from Cork to this port,
came on shore last night at the back (,f the pier, but since as-
sisted off, and brought in here.
WARRENPOINT, DEC. 2.—The Active, Murphy, of White-
haven, in entering Carlingford Lough, got on shore inside the
bar, but came off about an hour after.
YARMOUTH, DEC. 2.—The Admiral Nelson, Cole, fiom
London to Newcastle, was abandoned yesterday, off Pake-
field) crew saved.

WEYMOUTH, DEC. 3.—A large barque, waterlogged, with
black ports, mizen-mast, and bowsprit standing, was passed
in lat. 46, long. 49, by the Isabella, Robson, arrived here.
SCILLY, DEC. I.—The John Esdaile, of Newcastle, from
Green Island to London, struck on the Gilston Ledges this
morning, and was turned into Smith Sound, full of water,
and is expected to go to pieces next tide; crew saved.
The Concordia, Perryman, from Teignmouth to New-
castle, was abandoned, 30th ult., off the Dudgeon, in a
sinking state. having been in contact with a brig; crew
saved.

„isi
from the plaintiff, but my opinion clearly is, that it laiotie
most unpropitious moment that Mr. Pickering, thePof /NV
allowed his mind to get so far beyond the bounds a'd'
deuce. and probability as to swear that the accounts:lo
fictitious and fraudulent. All I can do at the Present'
ment is to dissolve the injunction with costs. • s 13
ry
The effect of the judgment is, that the defendant Inia,9ll
teed to sue out the fiat of bankruptcy, unless therSchar
prevents him frem doing so by appealing to the Le
cellor.

The Russell, Lucas, from Hartlepool to Littlehampton, has
been brought into the Roads with loss of bowspiit, &c., hav-
ing been in contact.

CORN AVERAGES.
GENERAL AVERAGE PRICES OF BRITISH CORN
For the Week ended Nov. 29, 1845, made up from the Returns of the
Inspectors in the different Cities and Towns in England and Wales
per Imperial Quarter.

WHEAT. 1 BARLEY.' OATS. I EYE. I BEANS. I PEAS.
PRICE .. 58s 2d 33s 2d 25s Od 35s 4d 41s 8d 45s 10d
DUTY.... 14s Od 4s Od 3s Od 7s 6d is 041 is ed

MARKET NEWS.-(11116 DAY.)
HAY MANILLTS.
SALIM FlELD.—Meadow Hay, 31 lOs to 41 ss; Clover
ditto, 41 lOs to 5/ 15s ; Straw, 11 10s to 11 14s per load.
Supply good, and trade dull.

GLASSE V. MARSHALL. Cnati
This case, our readers will recollect, came before 0100
upon a motion to dissolve an injunction re.strainlng,r
India Company from paying certain East India bones , AorA,
His HONOUR stated to-day that Mrs. Marshall bsn,i
him the honour of sending a letter to him on the siegetim
the case; that he had mentioned to Mr. Burge, the !°.._ 0,10,
the lady, that he should hand the letter to the poll-7th AP
it was his intention to do, but he could not part noel
the present moment, because the lady had thetbouh'
to send two other letters to him, one addressed to foi)
of York, and the other to Sir erbert Taylor,
.heth ° 1114
erst °°
had been
bear uponrethtuercnasedethoelideird.
noHtokwnowtr returned I t
Esst indis
dia
Mr. STUART observed that he appeared for the ,
Cothpany, and he did not take a very Hob'
matter. tbst
Mr. BETHELL was glad to inform the Court
matter had been arranged. cenider
ustment
The VICE-CHANCELLOR was happy to hear that,
ing it to be a very fit case for amicable adj.
The Court then proceeded to hear motions. interest

OininsioziND.-111eadow Hay, 31 103 to 41 16s ; Clover,
ditto, 4/ 5s to 51 15s; Straw, 11 10s to 1/15s per load. Trade
heavy, at the above quotations.
W urrEcuArFu...—lteadow Hay, 3/ 103 to 4/158 ; Clover, ditto
4l lOs to 61; Straw, 1/ lOs to 1/ 148 per load. A full average
supply, and a dull trade.

nl,
QUEEN'S BENCH.—(TBIS --.„6. A
joliy'
(Sittings at Nisi Prins, Westminster Hall, before."'"
COLERIDGE and a Special Jury.)
,i.lo)t
HUNTER V. CALDWELL.
ono
Sb" i j
This was an action brought by the pia- ery o'
the defendant, who is an attorney, for the ,he 10::
was thel„, (i.oj
.
sum of 1801. The plaintiff's allegation
employed the defendant to recover a debt ofyrk'''s,
e't
te him on a bill of exchange by a person named4ledein erj, •
defendant neglected to have certain writs delY ' that, )"'ei
to keep the debt alive : and the consequence 1,5' otate
several trials, the debt was now barred by we
of
limitations. .rsnilas. tiiii4
In the progress of the case, and during the —ffinber of li)e?".,
the witnesse, there appeared to be a great n—ade illisis
and technical difficulties involved, as tetbere, A
defendant had conducted the proceedings up - OS
point for the plaintiff. ~; Of
An officer of the court proved that cei..-11,40(1 to"
cause had been filed by defendant at too late a IN- •
effcct. w'teess!l
In the course of the cross-examination of theatle Peritly)
appeared that when writs are brought to the officeged too,
awthen it is too late to file them, the fact is st alitl
torney, who brings them, by the officer, and tbe
ifbil
the-i filed. _,,, as t to
Another witness was examined at great leng!'n" of .0153 f
the practice was in reference to the bringing 1- lfit '
the officer to have them filed. He had no tail'
d dc4lbt ".
fiwlriintgs shouldmeant
tbheetrstakmene in within five months; ta— . '
ed'illt
thing. ,he deft °,U
CO The
e classuebfmoritttehde
tphlaatintiff havingfcllowse(liffs7, thfit
re: el
the rule o a
duty pot 0 0,, id
any doubt existed as to what the duvrtias'oet I.iabre, i(„
was in certain Courts and causes, he A otue, ,„15
charge of negligence, because he,
liable to error. He cited several cases in suciPLl' we`e)
He continued to argue at some length that tat Ted, Pia iiii
to go to the jury, which the Court 0veam.:,,.013
Learned Counsel then proceeded to address theJ"
not concluded when our report left.as well as ---_,
oviorl.,

•
EXCHEQUER.—(TUIS Bed'
(Sittings after Term, before the LORD CHIEF
Common Jury-)
THORNETT V. HAINES* A and re'-
This was an action of debt for money hat' fore
which the defendant had pleaded the gener ,orea y.
Mr. Sergeant Byles and Mr. Wordsworth,e4l
plaintiff, and Mr. Humphreys for the defelilis-ref'o4`
The plaintiff was a publican living at e 000
t.
bury, near Islington, and the defendant, tm
38, Moorgate-street. la el
The action was brought to recover the,_sl2.4.ogoell'Yr,
money received by the defendant, under the the fra
cumstances :—On the 7th of JulY, ned
year, the defendant, who had been re the Co'
f
purpose by Mr. Walker, the proprietoror
sale bfrie.;
Horses, public-house at Chelsea, put uP
auction, at Garraway's, the lease and 0° iiiPett'
ti
a public-house, called the Bell, wine-Aren,(33;
The house was bought at the sale by im-aud
goy 1
plaintiff, for the sum of 1,5751., eutieniv,
to the defendant as a deposit 315/., subsecitt su'el ifiOt
agreement to complete the purchase in the, tseteei
due course the abstract of title was delivel4,kere tuoie,v„
attorney, but having ascertained that Mr• et thee it,
of the property, had employed puffing biclie" o
aPP en
ntbif try
plaintiff determined upon repudiating the sail
of fraud. He therefore instructed his solicit/ the d.ctie
defendant to return the deposit money, hn'resent
refused to do so, and hence the origin of the 1:,5e fettli;o
Evidence having been adduced to prove then been,vit/ It
Mr. HUMPHREYS contended that there had is ct'coel,'t
committed, either by the defendant or firs.
Walker, and in equity, if not in law, the
compelled to complete the purchase. lie cockooll fund ,`;01,.
party named Robinson, the proprietor of thevo
bowl public-house, in the City, and
and
seefoest,
had bid for the lease—the first 1,205/., anu te 01
but they did so in a bona fide and legitiutadot• aolie,rff
without any fraud or collusion with the defers r of 11 rrir4
The LORD CHIEF BARON said the yendeveut thei00"01
had a right to employ puffing bidders to P,,rer ordef 00'
going under a certain sum, but the venue de, ja forill, 10
make that fact known to the parties at the "44,
and bef ev•
they might be on their guard, and watch rt)
selves, that they did not bid for the P.e,;:by ts)
actual value. If such notice were not gig' 01"
the sale became null and void. , eolalA"'
Mr. HUMPHREYS urged that the sale inse'irned,o;
ordinary way, and all the bids were bont,"t"-the, reseitrio
The LORD CHIEF BARON suggested t.,
..14.
better consent to take a verdict for the R.'s "h°- s•it'k
LOAVO to move to enter a nonsuit.
•light "e
the question before the Court, and then it
torily settled. ooa'tte
Mr. HuHPHßEvs—Supposing the Court e e„,
opinion that this is not such an interferea.c `e
it J
nary course of auction as to make the sale s °ll
beilece /
will of course be nonsuited. For my Ratts'ort,P,iel4cog
universal practice to have bidders of th" At ell 1014'
the plaintiff must have been aware of it• niversg
shall contend that the fact. that such A.,tiff tbst ooe
existed was a sufficient notice to the plain" s 4Y`
• ea
ders would be present. regaIt b'
The LORD CIUEF BARON thought it e i/j °
notice, but this would be for the full Colt te
fur
°oald bss' elg:
Mr. Sergeant BYLES said of course
jection to his Lordship's suggestion.
niaintiffter°
1, 14°11
A verdict was therefore recorded for ~e r to e-
leave being given to the defendant to in°
rid
015 .octo
COMMON PLEA s.—(T.-
.nd b}° or
The Court sat at Nisi Prius at Guildhall,l7ed el
several cases of no public interest, adj°°
twelve o'clock. rA
SHERIFFS' CO URT.—(
jo_ • ett•
(Before Mr. Under-Sheriff BURG ciela et,
The plaintiff in CthLEMEis pcTl'tionv.
isßßtAllDel:sprop•r.etelgfar,litif3ecritlis°'
Inn, Old Bailey, and the defendant is frt. for
in Newgate-street. The claim was for 71 .`,.„; Car,tl' , for
ter's rent of a part of a warehouse in the,'"detitew, io
The defendant pleaded that he was not ',tlfedan 100" or.
Mr. MANNING stated the case. The ale wareiver Pie
some years occupied an upper floor in the
to a °to i‘el i 0;
In o
inquestion, F
Meibacrhuaer g hen
l Tin
faosl
lloaswti
nhe remove t
ene7g on '; cic
n January o
plaintiff, who refused to accept it, sii,thoteatetel
notice. Defendant, however, left the le-,,e00a
in the counting-house, and paid the .O
rent, but it was clear that the merely eloeliv-tr3c,it'oel cal"
did not exonerate him from his
laid (4'o°oo
respect of the tenancy, it wo tto r foe
"Roscoe on Evidence," that it was sualc'etbet joe.
pation to render it prima facie evidence to 00 the tit
general hiring which entitled the landlord tbAej,
present was a case of constructive occupation ill do'r'fraieoo
forovhich the rent was claimed, and it was ujtarill,uioeg
a party might have had occupation, and vola_be pre-r tea
he was still liable, even though a bill to let io
aloe
OD,
put up, unless the premises are actually let t cee,
which would be a legal surrender. al 13 'oi". 0
Witnesses were called, who proved the set.tireisrtife 4)1 t
for four or five months, and the payment of 07 `;‘,idescLed
Mr. THOMAS submitted that there we,s,srlou pr° wooto
general hiring. It was true that it had font •j
defendant had occupied the premises for AO. yes' t,!s''
0, If s
On
and it was admitted that he had paid -11,,„t the „2,1
That this did not prove a general hiring, ""
and that plaintiff must be nonsuited. iring toe
Mr. MANNING repeated that the general b sbo
by the payment of rent unless the contrary wentl] to -ea al'
The UNDER-SHERIFF—Suppose a person be icor
and took a house for three months, is iholf*
it was a yearly tenancy? ithst. dit
Mr. MANNlNG—Certainly, , until the con" Of :ring
~„,„g red
that
The UNDER-SHERIFF-1 AM not tool
Mr. THOMAS said that there was no pry; for IeAT-the eel
not for a quarter or half-year, and /Wiles' fleabag gel
the Court above to enter a nonsuit, sul/r-nort
de
considered the evidence insufficient to silIV"
if the
hiring.
,4natif
it to
The UNDER-SHERIFF replied in the affil • t°
fendant would submit to a verdict now• tu saber
Mr. THOMAS said that the plaintiff ought
or
nonsuit. to it
Mr. THOMAS
refused. onsent '
Mr. THOMAS said his client would not c_ t. the easT,itli!,
dict, but would go to the jury on the merits
at the it, isl%
Witnesses were then called, who deposed tilAefeadail, were
let the upper floor without the knowledge
complained at the place being let over his a... 1 be eoPsee-5,i
friendly at that time, and plaintiff said if Pc'srotigh#
fendant would go down to the floor below; bsti
was not given to the other party, an action wu,ffe woo", Jo'''.
Defendant said rather :than that should be. defendant goo
the under floor, proeidLig the plaintiff also le,t venden,Lbo re:
a granary, and made certain alterations ; Oa!
oun, Work or Fr
up possession, but the granary was not givoet.'
ale
pairs made ;in consequence great part. ruater_letuol,
done by candle light, and a
spoilt, and defendant was in consequence 1.1" b
°„eril tinie Set (73
large quantitY, ',',,ed aut,
his machinery, and that plaintiff had said were a
..,00,1
he would not make the repairs, and that
liars, &c., and the sooner they got out thetiabeeitti,erou;hlhere--;;;;e:
rather have the place for a hay-loft than theY_':nlduti%ig
and defendont then sent the key. That wh7erely 00!
wards called for his rent at Lady-day, he defends% yoi:
ought to have another quarter's rent;' hut_ due, led ai°
"No; I have given up before the quarter :jail,
accept
have had two months' occupation." Plain
ti
rent, and said very well.
nesses, and contended that nothing had e bad at if•-- I
Mr. MANNING, in reply, questioned thebeveenraschitYwnlif ttijoetepbereep4f°.-
there had been a general hiring, and if
then no surrender could be made except in
either by notice or agreement; that wire:
isra:epted.
" Statute of Frauds."
The UNDER-SHERIFF—Or unless the - lieutaol
Mr. THoarAs—Or unless they were not in
_l4ed. e j op
pair or saying a person might go as soon as pot delis'
The UNDER-SHERIFF—If the granary 5 "
wo
athe case'a.reerae,t),,t,;
according to agreement, there is an end t
Mr. MANNING disputed that there watsv,suoilicliLtle:ctletteerjsltcivi
The UNDER-SHERIFF, in summing
was whether the defendant actually had poos:9 he nable•a 00t;
to agreement ; if he had not he would n r
d been ear jet' coo'
question was whether the agreement had such, 00
the next question was whether, if there had 7%4,5010 se-
tract, the plaintiff had accepted the key. Thil iereased,,,,e, it
not back the key altouh nrec the ,„e
cept. The statute of frauds mighth gt or not ,4 11,1-
depended on the evidence ; the merely Wring' it WOI o;
it
go when you like" would not be sufficient
_ut
it
lowed up by the actual a cceptance of the key, •" if
then the surrender was perfect.
Verdict for the plaintiff for 76 100.

MEAT MARKETS.
SOUTHALL, DEC. 3.—Although the supplies of fat stock on
sale to-day were tolerably good, the general trade was firm,
on the tollowing terms :-lieef from 2s 8d to 4s 4d; Mutton,
3s 8d to 5s ; Veal, 4s to 4s 8d; and Pork, 4s to 4s 10d per
81bs, to sink the offal.
ROMFORD, DEC. 3.—We had a steady trade here to-day,
and prices were generally supported ;—Beef from 2s 8d to
4s 4d; Mutton, 3s 6d to 5s ; Veal, 4s to 4s 8d ; and Pork,
4s to 4s 8d per Blbs. Suckling Calves, 18a to 30s; Quarter-
old Store Pigs, 16s to 20s; and Milch Cows, with their
small Calf, 161 to 191 each.

LEWES: DEC. 2.—Beef," from 3s 10d to 4s 6d; Mutton,
4s to ss; Veal, 4s to 4s 6d; and Pork, 3s 8d to 4s 8d per
81bs. Supply moderate, and trade firm.
NEWG.A.TE AND LEADENHAIM.
Prime Beef,; Mutton, and Pork sold freely at full prices.
In other kinds of meat very little was doing.—Beef, from
2s 8d to 3s 8d ; Mutton, 3s 4d to 4.5 6d ; Veal, 3s 10d to
4s 10d; and Pork, 3s 10d to 55 4d per Blbs.

CHANCERY.--(THIS DAY.)
The Lord Chancellor is not yet sufficiently convalescent
to sit in his Court in the Old Hall, Lincoln's Inn.

ROLLS' COURT.—(THIS DAY.)
Lord Langdale sat at ten o'clock.
CARR V. taiLLEsPIE.
Mr. KINDERSLEY applied on behalf of the defendant in this
cause that he might be allowed a commission to sue out wit-
nesses at the town of Brentford, in the province of Canada.
The facts were simply these :—A bill had been filed by two
infants for the recovery of property to which they were en-
titled by a settlement made by their father, Robert Carr, and
which consisted of some lots of land situated on the New
River in Canada. The property had been mortgaged by
Robert Carr to the defendant, who now held it in his posses-
sion. The bill of the plaintiffs alleged that a fraud had
been committed on their father, Robert Carr, in effecting the
mortgage, lot 2 of the land being substituted for lot l, which
was inferior in value. It was contended by the defendant that
the mortgage was perfectly in conformity with the law of
Canada, and that the settlement was informal, not having
been registered. On the 11th of November defendant filed
hiA objections to the bill, and the plaintiffs obtained an order
for an enlargement of the application. The defendant stated
by affidavit that his object in making this application was to
bring matters to a speedy termination.
Mr. TURNER, on behalf of the plaintiffs, stated that they
had sent over to Canada for documents most important to
the understanding of the case, which it was expected were
now on their way to this country.
,vosmerea that the motion should stand
over for the present.

JODDRELL V. JODDRELL.
Mr. KINDERSLEY applied on behalf of Sir Richard Jod-
drell, the defendant, for an order to stay all further pro-
ceedings in this cause until after the decision of the House
of Lords respecting his Lordship's order overruling the de-
murrer.
Lord LANGDALE.—If your client is ready to pay the money
into Court, according to the order, and you undertake that the
plaintiff shall be paid the money to which she is entitled by
the terms of the deed, I will make the order.
Mr. KINDERSLEY consented, and no objection being made
on the part of the plaintiff, the rule was accordingly made.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND.)
This being the first seal after Michaelmas term, his Honour
the Vice-Chancellor of England sat in his Court at Lincoln's-
inn, and took motions to-day.
PICKERING V. THORNTIIWAITE.
This case stood on the paper to-day for judgment. It was
argued during the last term, upon a motion to dissolve an
injunction restraining the defendant from suing out a fiat of
bankruptcy against the plaintiff. Beth parties are book-
sellers and publishers of eminence, the plaintiff carrying on
business in Piccadilly, and the defendant in Paternoster-row.
We refrained from giving any report of the case during the
arguments, on account of the serious and conflicting charges
made in the affidavits on both sides; and in justice to all
parties we think we cannot do better than give his Honour's
judgment fully.
The VICE-CHANCELLOR of ENGLAND said, in giving judg-
ment to-day--Now, in this case I felt myself called upon,
before I ventured to dispose of it, deliberately to read and
consider not only the affidavits that had been made, but also
the correspondence that was partly brought forward by Mr.
Bethell when the case was argued, and also the correspon •
Bence that has been supplied since. I have not read the
original letters, but I have every one of the copies; those
letters don't appear to me materially to affect the case, any
further than generally to corroborate the case as made out
by the defendant; because it is apparent upon the face of
them, that the mother and brother were implicated, in
the sence of having their own:property involved in the tran-
saction that took place between the plaintiff and the defen-
dant. And it also appears from the letters that various bill
transactions took place from time to time between the plain-
tiff and the defendant, and that there was an account de-
pending between them. Now, the general nature of the case
is this:—ln the year 1810 the plaintiff and the de-
fendant became acquainted; in 1818 the defendant began
to assist the plaintiff, and in 1820 it seems, that
the assistance took this determined character--it wes an as-
sistance for the purpose of setting the plaintiff up in
business. These transactions went on till August, 1845.
The plaintiff representing that there were transactions be-
tween him and the defendant; and then he is pleased to
state in his first affidavit that in the month of September
last notice was given to him on the part of the defendant, of
a demand in the shape of an account, which account he
characterises as fictitious and fraudulent, and not merely so,
tais that it is made by the defendant and his solicitor, Mr.
Lowles3. Now, that was a most startling proposition, and
at the same time, though I could not help feeling, upon ex-
amination that such a large, general, and serious charge
In ght ;fail, more or less, yes, I thought it my bounden
duty, having regard to the mode in which the Court always
exercises its jurisdiction in granting injunctions ex
parte, to feel myself bound by the statement of the plaintiff,
however much I might look forward to the time when the
truth of that statement would be questioned. I therefore
felt it to be my duty, upon the statements of the plaintiff, to
grant the injunction, which is now sought to be set aside.
The plaintiff's affidavit is, in my opinion, made with some
sort of indistinctiveness, because, in it he refers to books that
he says were shown in March last, but what books they were
does not appear. Now, Mr. Lowless states in his affidavit,
and he is confirmed in that statement by the correspondence
between the solicitors both for the plaiutiffand the defendant,
that after the accounts had been prepared-by the defendant
himself, they were submitted to Mr. Lowless, in order that
he might check them with the vouchers, and Mr.Lowless swears
most distinctly, and he is not contradicted by the affidavit
made by the plaintiff, that he was ne party to making out the
account, but that it was made out by the defendant himself,
and then submitted by Mr. Lowless for inspection, in order
that he might check it by the vouchers in the books. He
swears the account was genuine and correct. Now it struck
me, 'upon consideration, that the plaintiff must have used the
expressions, fictitious and fraudulent, in vague generality, be-
cause an account might be erroneous because there were mis•
takes in it—because figures were mis-copied—because wrong
calculations were in it; might be considered erroneous because
there were right calculations in it, and the inferences from
those calculations might not operate against the defendant.
It might, perhaps, be truly said, that one part of the trans-
action was barred by the Statute of Limitation, but that
would not have the effect of making accounts fictitious
or fraudulent ; and I cannot find out any facts
that show the account really was fictitious or fraudulent.
Mr. Lowless is no parts- to the cause, and in my opinion,
his character is as completely unsullied as if nu such affidavit
LLOYD'S SHIPPING-(THIS DAY.)
had been made as that upon which the plaintiff applied for
LONDON DE-C. 4.—Wind W., moderate breeze and fine. his injunction. Now, as to the defendant, Mr. Thornthwaite,
DEAL, DEC. 3.—Wind W. to ass,Nsw.___Arra, Madagascar, the allegation is that the account was made up by him and
Weller, Calcutta; Mary Laing, Allison, Truxillo ; Lady Caro- Mr. Lowlese, and that it was fictitious and fraudulent. Now
line, St. John's, New Brunswick ; Mariner, Hewett, Quebec; as to one Mr. Lowless— the story is absolutely false ; the
Loyal Briton, Pearson, River St. Lawrence. Arrd. from the defendant represents that there were accounts kept from the
River, British Queen page, Batavia ;_ cumberland, Carr, earliest time, and it appears from his joint affidavit and that
of Mr. Cooper, that the latter came to him as a
Demerara ; llelen, PGalsworthy, Trinidad ; Switzerland,
Knight, New York. Put back, Beacon, Hill, St-Belena. kept e assistant; that from 1833 to 1835 he actually
OFIr NEW ROMNEY, DEC. 2.—1. C. Van Speyk, Noltie, Ba- kept the account between the plaintiff and defendant ; and
tavia for Rotterdam.
that they were so is manifest from the plaintiff's own affi-
WHITFMAVRN, DEC. 2.—Wind W., a gale.—Arrd. Eleanor, davit.
here is not a single particle of evidence that I can
Thompson, Quebec, for Dublin.
'make out which is agai
N DUBLIN, DEC. 2.—Wind W.S.W.—Arid. nst the statement of Mr. Thorn-
MOON, DEC. 2.—Arid. Sprinsasil, M`Linto_aparima, ck, Quebec. thwaite, or that tends to show that there has been anything
son, Quebec. fictitious in the account he has made out. His affidavit is
supported by that of Mr. Lowless, because he deposes to the
DUBLIN BAY, DEC. 2.—Arrd. Peruvian, Cape of Good Hope. fact that, when the account was made out, he was employed
WATERFORD, DEC. 2.—Wind W. to W.N.W.—SId. Lady to advise upon it and check it. Mr. Thornthwaite's affidavit
1
Campbell, Power, Quebec.
, positivel denies the fact that the account was fictitious and
CORK, DEC. W.N.W., lights...Ansi. Express, frauds lent; and I cannot conceive anything on the affidavit
Clarke, Callao; Dove, Jourdon, Halifax; Ellerslie, Harvey,
in reply that removes that statement. It may be true that
Dalhousie. Sid. James Moran, Morrison, Demerara.
KussALE, Nov. 30.--Arid. Don, O'Brien, Miramissli. when an account comes to be taken, that so large a balance
' as that dated by the defendant may not be found to be due