TSE TIMES, MONDA MAECH 20, 1854. AUSTRALIA. I By tin Sydney ttcarner we hav reortrvd intellU mo from Australia to Um 7th of LVoemVr, mdm iav Ubsrthan th dUly tho Great BriUin. Tb Legislative Ooaneil of Kw South Wale had rtajavtnblcd on the 6th of IVeemoer, and was to so into ftxnmittc on the Constitution lull on the 7th, th day th Sydney aailod. A public meeting had bacn held at Sydney commetKV a imUcnntion for a teatimonul to Mr.
Pom TiKmikin, the Colonial KrcreUry, who ia about to embark for England. A public break fat it to I firm to tlx boa. gr nUcmau previous to bit departure, and a turn of money forwarded to England surboent to jnirehaso a piooe of plate of tuiUl.lo to le aelerted by Mr. Thomson him lt at the parting gift' of hit friends in the colony. material alteration in the ttate of mercantile bnsnoM reportel.
The demand for mott kinds' of A comjvndent of tlie Mpirt giro the following account of the progriwi of the settlement at Port Curti, where the (orernmcnt surveyori have been for tome tune past engagixl INxrtber experience tends to cocArra the flattering 'ac tout which 'It riren the harbour it is about a mile la width, and is easily accessible by two entrance, on to the mtrdx and tb tnuth, with anil depth of water fur )rf ships quite ch to it shore. A town hat Wo laid nt inlet called Auckland Inlet, where th Jr AiKlUnd, Inst conveyed the former tipeditxtn. wet (Hot down. It, It a vtry eligible tite, affording ttajit 'or berfa*ge lor ehipprng of any tonnage, rfc town bat Wn named GladstatM, after tlx preeent ChinceO of the Exchequer, and the numerous allot metis tad rKtangular ttreeU wnmt quite an imposing arewarane ob the mart. The petessuxcy reserve liar been made by tbt Jo ernxueat for official building.
Tbe main street called WMf, aad is already so larlormed itutt teems can travel upon it without any difficulty. There have hern also marad ent on a creek, called King Corah Orei. about three niile from Auckland, a great 'many taburiaa allotments, of from fir to 10 acre each. Tbie willacorUt ntupfor tal in Srdiwy. A little to the aU tin wUlentent it a navigable river called Kiroe; ami.
on the weat, another atreaju Baifahl for 30 auk Irou iu menu ian outnictt by a ridj of liewtiie, tiw Lich it fallt with connvlanU velocity. TV irtj hat called tlua river the Liffey, lt Miere tbe M(nurnt iBtru.1, if jxixaiUei, to dweover Um natir wut for it. tlx bank variout Ucooot of good freah tr were Jiaoovered, aud ood of a large tin were caught tie aUvam. The cuon of Uii river ia eerpeutine, b4 a aiuch a to render the navigation difficult. Tt clianeter ot ua aou a no dry aantlatone, aordin great facilities for forming the ttreet.
Xc rui hal. falWa for nearly three uonUtt, and th Testation ha.1 euflcrvil. very moch in conaeiiuence. A cLain of LilU tarroiindi the eettlenient, about 40 mile frcu eoaat. At the back of the bill it luppuaed to he tit nia.
nincert country which drained by the Mac kean. A large liter deboucbe into the ea about 40 milet totbe nortiof l'ort Curtit. Thia ha been named the Kirer aad it it euppoaed to the embouchure of, the llackccxM and th IUwaou the Oumett country. If thia bt the cat, the Mackenzie follow the lingular example of mo ol ue Auruaiiaa nver. ana rum lor a great portion ofito length parallel with the Maooit, making an abrupt elbow near iu termination." There it a fine evening her for avtu tnterjeiauig man to follow Captain Cadal't example, and to open up tL country which thit nobl ttreau must water.
Ibe aumgibe are beguuung to be troubleaome. JIx. Ilayv ho ha ttationt about 00 mile to the aouthward, JeeLd hi team with wool to I'ort furti. They were attacked by the black, who drove a tbe teahutuen, ana tor on tLe bag and teat' tertd tbe wool abroad. They atole th laura: A akinniah had taken place between the black and the turveying par.T, no rej uiaeu uiem enectuauy, ana tney.
aecampea. llr. "alker, the. commandant of native wlice, had am re ith ttle trooier, and had ahot eom of the black con cmed in the roblry of Mr. llayt't wooL Ina prirat letUrhe I hav een no country good aatliiafor tie Urt twclr month.
I am very aanguin aliout it leeomuif a creat iJao. The black reouire all the watch ing can give tbem. Tbe more I tee of thia country th more I like it. Tbr ia a good deal of tmamp in thit impiuourBivua wuicu, cooamuig ncn auoruu unmet, rtnoert Ui vegetation very eoaneana ramu i tiee laamjx might be converted to ricj cultivation. It it believed that mtt of the tropical fruit will grow there, although, by the meteorological table that ha been kept by the expedition.
ace ueai aa prejeni cat not been to great aa vat anlici' rates. VICTORIA. TLe Cvunol of Victoria had been compelled to ota the new Goldfieldt Management Hill very hurriedly, the term' of the temporary act expiring on the 1 tt of Docemlier. The new bill was read a third tiniccn the 21fth of Xovcmber. The' tcale of Jthe licenee fret lot again been altered it it now fixed at 3L for a month, and Si.
for' the whole year; the fee for thn months is 21, for nil months, 4'. This alteration has been rtrongly objected as it ft move the inducement to take out annual licecses; offered by the former scale. Those who take cut a license for a rear will be entitled to the political franchise for the future re prcecntatites of" the roldfields in the'; Legislative Ocutdl, nd. will alto hare a right to a plot grouna on tbe digging, to cultivate as a garden. The annual license fee, therefore, partakes of the character of rent.
The amount of rovaltv to bo I aid by mining companies taking leases of laud or Ibeir is LxeJ at one twentieth of the In onaeiUcnce of the stronz opposition it met m'm all parties in the Council, the (kld Export UJty uai was withdrawn by the lovernrncnt. Thc lowest lioenxe fee in the Victoria roldfkidt. tinder the new act, is twice the amount of that levied by 'the xt regulations of the Government of Sjuth' ales in that province and the rates fcr licenses cf three, six, and 12 months are 33 per ciit. higher in Victoria than in the northern Utlds. TLe Govcmmnt escorts that arrived at the Treasury, Mellourne, on the 2tHh of Xovem lr, brought the quantities of gold From Calemaiue, 25,283 oz.
the last nnmber was 11,013 oz. from Golden Point, 41 rn ers Creek, 1,012 nmlcjyn, 377 oz. Sai.dhurrt, oz. Eagle I lawk, The. il'Ivor escort brought from Jl'Ivc .209 oz.
and the Ovens escort, The lat number from pi Ivor, oz. from AVaranea, 383 0Zi from tha vens, oz. Snake Valley, Reid's CVeik, oz. llallarat escort brought from Jiollarat to. 4,215 oz.
of gold, and left at Geefong bringing in all 10.W4 oz. The from llallarat is 3,200 ozi, and from Creswick't Crttk 200 oz. The Jlowing. are the chief items of intelligence vfrcm the wveral diiKriwrv The 'Mount Alexander ciTren icndimt of the A rrru writes, To Anrieatie Ipft her nn TnAMlav Wiminff lut. Vitt.
of gold from a small tpot of ground on iar iaiui uMi niu. ine aproaca ox xonnmu ii taurine homeward movement aioonir our obleet diirireni. who are acxioua to get back to Adelaide and Van Dietnen' land tornd tlie acaaon of fortivity with their frienda and It i tEe intention of many of the number to return and aettle anion; ut, with their families. So much for tbe mctmraremeiit which the new law it likely to hold out tvt Kuuiig litre. Forest Creek, Xot.
23, account! from tlie I'yrenet or Avoca diggingi are the uiom txcitinir nature, but at the tame time very oon ctipg. Hnn.lmli are leaving here for that more favoured aicauiy, ana bundled or oUierx are awaiting tome more eonliniittory account. The report which hare already me are contradictory, that I mutt refrain entering upon tbem. Tbedinanee from Forert Creek it about Ui taHtm. digging are on the direct Adelaide route jrvui Lameinaiue.
Jliere are thouaandt already located mere, and Lundredtare arrinn; every day. Our own'diggingt are legTaing' very favouralwy. AlreadT the fiat are preaent the aparance of a determination for atliorongh working. The flat iiDtuediatelr in front of the old lled hill it now ig thoroughly turned up. and, with a very few exoep tiou, the holes are yielding favourably.
On the flat at the lack of Jhtua ftore the claims now at work are yielding terv favourably, Th system of draining th naU' and gullies with Califomian numi hat answered admirably well. Place which could not be worked any Jtrt of lait ammer can be acootnilutied now with tbe greatest ease; sad, no doubt, Ufore.the seaon clone, the old digging wul be worked from one extreme to the other with very Cd rucctst." "Xov.lM. Tlie iromised authentic account of the newly jdia "Jtred diggings tt the Pyrenees must now be given, and, ad to relate, it doe not realise expectations and verify the hitherto glowing account Tbeee diggingi very much remind one of the late rush to M'lror, tnd also the Goul burn. It i true that, at at tbe M'lror, at the hyrenee two or three nllie litre been opened up, and many of th claims richly rewarded their ownen and it it also true that working there art once more returning to the wd digging through want of suoeet at th l'yrenees. iTh various roads from Bendigo and Forett Creek to the new 'tJMgt were lined with bullock drays, horse dray, earta, tnd laat, but not least, flocking there in hun eredt, all aiming to be among the first candidate for rich eUimt.
Tlx seen is now changed within tbe two day. Jiew tuty be seen the hundreds returning, and others wend Jfg tWr way to Ballarat, wiahing to try their fortune In Eeimtr of tha Uw.Ueje'hopt' The diggers at the Ft" in labour under on great disdrantage, th aat of water in Um imnatdiat loetiity. Although gold taVtahtad la almost erery claim, the high rate of to th water considerably diminish the quantity, that eJtimaUly the working are in no way re JfumtSTtv UyaesvUnt weekingat Ux diggings during winter teaeon a digger may scooted la making good vages. Of th hudred (tow a the tpot, th taajority of them art engaged far and wide la prospect log the varVM gaUiea, Rata, ea4 bilK TW are great witteUtHnsst going on la sawn Um bar, la ateapatiea of Dm ratdd lacr buiUUg ess the eoaUaaplaUd townahips of th Deadigo. A umber as aawwlta are rthliahd oa various carta of the diggings, lor th purpose of supplying board cut from the box aa4 other trees growing la the district but the supply It net equal to the; dsitnd.
Bom of th sawyers I tre earning at much a SM. or 4tV. per weak but they lsd Ux4r asotwy aa quickly aa thy git it. They are, with few execpuoet. Lb soon raaan and ilit1patl claas on LAWUrOKT.
th goldnaUs. Price of good on the Bendigo are lowering, time, chiefly in eonseiinencej of the facilities for bringing thtm up, afforded by the fine weather. Gold remains at 32. IS, per ounce. Three cartloads of coal had bora paraded through the ttreots of Melbourne, as the tint raised in the province.
The block which were very, large, were found near Capo l'atcraon, dose to tbo seashore they appeared' to be siirfaoe specimens. SOUTH AUSTRALIA. The Adelaide journals are to the 24th of November. Tho bill authorizing a loan of 160, (XXV. for tbo construction of a railway from the city to the port had becn paaaeiL The only objection made to tho mcaaure wat that the sum named was too small.
The gauge adopted for the line is oft. Sin. Ontho lcUh the Collector of Customs moved the second reading of tho Customs' Amendment Bill, the principle of which was that the ad ruWtm duty was made the nde rather than the exception, the rated duty lieing only adopted in tome few necoetary instance. As regarded the profit and loss of the proposed alterations they arc. as follow, liy adopting ft per cent, upon all ad ralran goods instead of retaining part at 10 per cent, there would be a Ions of 8,357 T.
cr annum, taking tho ret unit for the first threexjuarUTS of the preeent year. Hy reducing the duties on wines to in, ikt gallon there would be a Iosji of 7,715. Tliis might be partly met by the greater ouantity of low wine which would bo cleared, though possibly that circunixtanco might reduce tlie contumption of spirits. The lowering all grain to a nominal duty of Cd. per quarter would (evasion a loss of only and there would be a further reduction of 800L by placing hides, wool, and.
tallow on the free lixt. Thus the total loss would 17t052. Towards meeting this, it was proposed to levy an additional duty of 2s. per gallon upon spirits, which would give a profit of The piincipjd.loa was on the wine therefore he would suggest, if it were lowered to Is. per gallon, the duty upon spirits should le 9av instead of which would raise profit to The.
Itegittrar General did not oppose the bill, but disapproved of the total application of the principle of tul raJortm duties, as ahonling greater tacili lict for fraud, and having liecn condemned by experience in England. The measure, however, was read a second time. On the 22d the Council went into committee on the bilL It was proponed that bacon and hams should pay a duty of per wine ana uoiucu wino os. a gauon. vn the motion for the, latter rates a warm dircitssion ensued, and the motion was ultimately lost majority of two.
On the motion of tho Collu Customs, (he duty on spirits and strong waters all aotts was fixed at 9s. per callon. Captain Cailell ha.1 left Wellingt on on the 10th lor nis second voyage up lac Jiurray. The lirgUter of. 23 states At Forest Creek the half acre allotmenU, purchased a few month since, were realizing absolutely fabulous price it said, a muen as and others letting at 507.
a week. Two publicans license had been granted, and one hotel was in full operation; the other wa in the course of erection a monster bouse of deal, from Canada, ct mpriaing 34 rooms. A rich denieit had been discovered at Avoca, 'X miles on the Adelaide aide of 'Daisy hill, and right In the track of the South Australian diggers, proceeding overland. From the statements inade by Mr. Howell, be believe that while, some very large quantities of gold Ltd len found, the precious metal wat so generally distributed that alwolute failure war not complained of at Avoca but it must be borne in mind that the first account of every gold discovered it highly favourable, and the second generally conveys tidings of dMpiaintment felt by nuuibera bo the rush.
The emigrant ship Olivia arrived at Adclaido on the 14th with 358 emigrants on board, after a I C0UST OT CttAKCSftT, FsUOAT, XlitCH IT. (Bter tw Lou Jnmen Amu.) IX LCXACT. IX SSJSD. Mr. VaxE prodaotd th additional rridmoa nwurred by the Court on Um last day of luaaU petitlotxs, and the order wa mad a prayed.
is u5KrrrcT. All tht. petitions in th bankrupt list were ordered to stand over. ciiAscrar. clows t.
warxits. Two rtitioo. relaUaar to th tai of tha 1st Mr. Chambers, the banker, occupied tbe Court a cxauaiderabl tune, nut tb detain art not ot la ugbtet general Utereat: Ulaas. Vr.
Bailr. Mr. Daniel, llr. IUcahawt, Mr. iWgrs, sir.
Tripp, Mr. Hoar. Mr. Amphlett, and Mr. rtgsntwe, were ine ouunsei engaged.
BSTCa V. BBOT1IER. Some exception hat been taken to the accuracy of tb report of thi ease. In to far a it ttate that th apjnal wa dinniaatd." Upon reference to th note taken during the argument, it appear that the motion was ordered to stand over until th hearing of the cause but, Iord Justice Knight 11 rue during the argument slid be entirely approved of the course the ioe Uiaurellor had taken, and in his judgment that be Ouuld not Uiawnt from what hi Honour had done, and a lord Justice Turner added, that there lately appeared a disposition to resort to' tlie old practice of getting tlie opinion of tha Court upon an interlocutory application, which ought to be discouraged," it will be seen that, although the report in The Tinut was Dot critically accurate, it wa substantially correct. This variation of the former report for it can scarcely be called correction inserted lik order that the assertion, that their lrdshi entirely agreed with Vioe Coaucellnr Stuart." having declined to do what Kir John Stuart had refused to order, may lie shown to have been Justifiable.
Air. 1UILV and Mr. W. 1). Ixmis tnported the appeal from the order of Yioe Chancellor Ktusrt.
Mr', lilaas and Mr. J. V. frior for the sequestrator, and Mr. De (lex for th Archbishop of Canterbury, the re titeidenta, at before stated, were not called upon.
rRAxas v. rRaNiin. Thit intricate and unintervsting case occupied the Court the remainder of theilay. Itcauie. on Um a petition of appeal, by leave of the Court, from a decision of Master Tinney.
Mr. Wlgram, Mr. J. V. Prior, and Mr.
Daniel, with Mr. W. Collins, were for the principal parties; Mr. II. L.
Chapman apeared for the Cheater and Holyhead Hallway Company. Ratckpat, March 18. Ukfvrt tht Loki) Chancellor at tiuhoKto Jcbticts or ArrsMU) rORBEfl V. UMOMI. This part heard anpaal from a decree of Yloe Chancellor Btuart, diamiaiiiug the plainUlTt bill with costs, was this morning resumed.
Tiii suit was institutel by Messrs. Forbes and East India merchant, in London, to make the defendant, William Lituond, personally liable for' a breach of trust in paying away improrly certain fund which had come "to hi band aa trustee under a deed of Inspection. It appeared that In 1847 Mcnars. Lyall. Msthe ton and who then carried on business a merchant in Calcutta, suspended jtayment, and their creditors came, to a resolution that the firm should wind up itt affairs under insertion.
The deed in question was accordingly pre rred.and subseouenllv th DLsintiitV. who were creditors Don aleeare. I.yall. Alatheaon and Co. by bills of xehangef I tltered, when, a new master having been appointed to the iraxwuiiieu me unit so uieir agent uucuita, no gos tcnool, members of the church of En; intm registereil as claims upon the estate of Meters.
Lyall Matheaon aud Co. A dividend wat declared under the deed, and in tlie month of March, liM'J, four members of tlie firm cf I.yall, Matheaon and being tachof them a were then resident in India, filed their petition in the IusulvTiit Court at Calcutta. I'poo application by the plaintiff fur the amount due in respect of the dividend declared under v71ttLwi. tiarseWTisaotiyLtwkassi tha idaln Reallat Mr, tin La th irtwut stdi. Thee was aa doubt that Tatntlaar aoosand I.
VT. 1 IsenrrSb OUard, and 'V satsai tllw ft jw htsi taf KU. aiwdsstlssssr7rtftlL la lis dtfillsS Ha Tflfll fllkts III wffls were nod; tha Ant east atil th neonl TlWYIC'CCiaLOTt, fat Mutovrm of th opeaiae of I wfcttstal ilMrliail eoa wta distwrrred, and the second one a overriding the ease by touasel, iitsatrred, that it wa very agresabst the ftret a a a it wt toaad astd duly ptwrsd. Timothy him to have now to dltpot of a east mwhiah the Mil Lawat, ws was asppoasd tab nUtsd aader th firet will, beta filed to reeeaUy a Jaa last, had. It fjard.vry aearily mortgaged th propertr, and IBcfort Tlct CXxaUorSirVr.
P. WOOD.) mm snssngssjtsai ot mm sasna aad laetltnted a tall ot law YlaJLSLzr T. waklzt. 18M obeaiaed decree rf fondotor. I The objct of this moUoo, which wa part heard on the iwwussis, psnscssi ii vm or us wv lrrn ni rnTntrj.
II Mr an injunfTlon lo itelrtlii list ilfuj teqaest rrtwtsding of tha mortgagtea, weuld operate, it ant from euhliahinx. tellinr. or dknosinf of anv coois of i apptared to aim, a a fatal bar to th pUiatiTt reoovsring puhlicalioa cailsd the BriiiAiltdwal Dtrtdory, eootalniog la the presat nit. It should ha remembered that tha matter copied from th XmoVm and Provincial Mtdiral this, that it antirely foreclosed Directory, or from tha ifaiiml DincUirf for Scutlatd. The T.i A iwricagor, aw pxaoto.
to avsncacee plaintiff, air. sanity, of Bavisf row, na twea Tor om exactly th asm position with resreoe to th property as tha Um pwi, and ttUL th propristor of th. two prsTiouaiy siooa i so vaat ui mortgagor Had been last mentioned puhUcationa, which are published an ln adverse pr ssssaiuu against th rightful owner tor 20 years, Dually, and eootaln th nam, addresses, and bono wi considered to hare been to too. rary dtitinctioni of the members of the medical profs subject. Wtiler Lined).
5 IT JiT 'ron fendaat In the rait, peddiahad a work, called th Briitk data of th foreclosure, but from th. time that the mort Mtditnl DlrtOnr, JurEl, Walts, sad Scotia, for mtevnU XliAza. Wan advert th yr IXZ3 and they hav also publuhed another edition snet him. It bad been argued that with re of tie tame work for the present year. It was alleged by tract to that nart of th.
unmeet known aa "Tumn f.rtii v. 1.. .1... 1 i wSJ publiahed by tbe plaintiff. ThU ipxr.l from but this did not sptiear to, and rreniJ had don to tor tb.
fact that a number of errors which had crept iato the plaiutij's publication alto appeared in the Britu Helical Dirtdort, and, in addition to this, there rks, which, it tat contended. tome time, it was quite clear, from the evidence before th Court, that anv ownershin ha mieht hav extrted with re ppect to the earn ceared before the year IKS. and certainly 0 yean before thia suit: wa instituted. Th result of hit opinion, that the Statute of Limitation made a complete bar to th recovery of thit protvrty by the plaintiff. There wat no doubt that the position of tbe plaintiff In thit suit wat a very unfortunate one, and much to be regretted be having been kept out of hi proticrty for more than 30 yean by circ*mstance seemingly under no one's control, and only discovering bit right to the same when it waa too late to enforce it but it would re Kill more to be reratted if the wiu urovuiona of the .1 law which protected the interest of purchasers for a valuable 1 the two xnterrapted and disturbed, ft wa a verv tainful ease, and j.i t.
WlA. W.th Vicichancellor.ou th. apphcition of th. defendant! buV nnder all dreunsrtanoM, he had no alumaUv but to had allowed the motion to ttanS over to live them an onoo? tuiuty of filing affidavit ia explanation. Thit having been ueue, ine case wa now resumed.
TTCE Cn.XCZU)Ra' a)ORTS. Friday. March 17. Mr. Kolt.IU.C..
and Mr. E. K. Sxmi. for the defendants.
Btfurt Ttt ChanttUor Sir R. T. Kl.NDUusLIl.) proceeded to examine the inttance adduced in which errors IS RF. XLTTER1NO WHOOL. had been aotiiail and shown! he the nmrlnrtinn of the m.
Thit was a retition havinr for it obieet th ancroval of a nnseriot that thata were in ilmnt all nn the tnistaVaa tcbcm which had been prepared for tbe better regulation the printers. They then proceeded to ihow the number of of tbe school at Kettering, in Northamptonshire. With inttanw in which these were alterations and corrections of rvrpeci to ine appointment ot new trustees, it waa a part or tucn a nature at could only nave arisen from tbe defendant the scheme that the number should not be less than IS, and work having been formed from independent materials, and that any appointment to be made should be by summon in contended that the motion for the injunction mutt be ow a eiauae aaa oeen usewise inserted wnicn reiused. restricted the religious instruction to the principles of the The BoLICTTOR GEfniAI. end Mr.
Dk Get, for th Christian religion, the prayer to be taken from the church plaintiff, consented to allow the motion to stand over, and ojrj. wnen inereiotora tlie re naj been no tucn restriction, undertook forthwith to bring an action, the defendants tuv tiavwue. tuaaoiea xroxn noiuing soiy ouicr uerraaing xo Keep an account DeLBg also continuea. were a mat many timuanuei between ue works, wnicn, it a as oon tended obum not nan nn tn result of accident, but could only have arisen from tbe alleged piracy having been committed. ifywiei sixes on we nm axeovery ty xne pxaintin, of th publication in question, notice had been given by him to the defendant of his intention to annle for an Ininnction.
and the deity in not having done so arose from th difficulty of obtaining i satisfactory proof that' the defendant ha 1 taken, their material from th plaintiff's works. On the bearing of the motion thia wa attempted to be proved by errors irom eemidtration after a stated period of inesesaien should be iiJt. i. th. rL.ii 11,.
dismiss th bill with cost. office without the annroval of the tnitteea. Mr. lUily and Mr. Tilling ipeartd upon the petition.
Mr. M'ickeni, on behalf of the Attorney General, commented uihu the latter clause, referring to religious instruction, to which change from the original plan of the charity ue opjecieu. mine year imji tne system nad nrst been The VlcI CllA.NCXXLOB acceded to thit arrangement. ADMIRALTY COURT, Fridat, March 17. (Btfort Dr.
LcsiirsoTox.) Thit wat th default day after Hilary Term. TUB ARAM1STA WAGEV. Dr. Lcshingtov delivered judgment in thit ease, which if England onlr were waa arimiwl nn lo r.km.r. 1..
n.l rmr.rM. mi mmiiKii naxs oiuisxrucuon as ine osxauusn iur 01 tne following day. Tne suit. He said, wa brougnt mc nt. This proceeding bad caused great annoyance in the by three seamen for subtraction of wages there wa no sub town, tnd it was desirous that all sect should be indiscri itaiitial difference in their ease.
In June, lHTi'J, they entered sv census is appuarru inav iuw axucics, wuue tne imp was at lurkcnnead, to proceed cne thml only of the inhabitant of this town were Inem on a voyage to Geelong, and afterwards to any port in th belt of the churcli of England, the others lieing Dbaenters, Cliina or Indian seas, and back; to England. The Teasel one wew ox xMmiao sijHuic waa vo ne loonu wiuia smrw uieoeea.xney axre iniormea "at Llioon.l, tne trustee utider its precincts. Upon referrin to tbe deetl bv which the that time the iumLct nft.rad the enw tn nee by a the ideed, had paid ovr the fund in hi hands to th orHeivb ehtrity wtt fimiMled, nothing tppeared which would at all them off in Geelong, and ship them again at'the rate of of 1 l'ul tbat tbey (the plaintiffs) would Lave been aid lead to tl.e conclusion that there was tny such restriction wage usual at tlie iport at that time, or to co with him to 0f "ey liad applI before tlie insolvency. It apjwared In ts that now proposed by the new scheme, and therefore it the diggings. An agreement waa at laat entered into by i ''i' 1 Jinti'r' bl o'n5 npou tli wit not it all to 1 wished that all the children should be a hich if wa settled that the expense ihpuld be paid on i iMiw'tuvi.
i iwv i i.u;uiuu, FTsicm ox rwuinoua instrucxion. wuen manr ox nenaii oi tne anio uiax ona uunx or tne eoix should lie assage of 107 davs from l'ly mouth. 'EW ZEALAND. The New Zealand journals brinir intelligence to the btn of November. A festival to commemorate the first establishment of free government in tlie colony took place at Wellington on tho IWth of Upwards of tiersons, it is stated in the Jtulriiultiit, sat down to a dinner provided on the occasion, and a public ball terminated thercsaecdiiiga.
rome ciissatis taction appears to bo entertained towards Sir George. Orcy on account of his allegol tardines in bringing the. new constitution into operation. from the speech of the Superintendent in opening the Provincial Council of Wellington, it appears that the province contains acrcs.of land, and that the native title to 2,015,000 acres had been set aside. A bill iirovidiifz for the administration of the Provincial Executive Government "had taucd through the CounciL The Executive Council Li to contitt the Secretary, Solicitor, and Treasurer of the Province, but the Superintendent may apoint any other, jiersons, not exceeding two, to be mem lra.
CANTEItBL RY. The Provincial Council of this settlement was opened on the 27th of September. The following passages from the speech of the Suicrintendent, on that occasion, afford a view of the iositioii and prospects of the settlement Xotwithstanding the great temptation to leare the sober tnd steadier atht of tgricultural labour, and to stake all on the La card of the coldnnder's chance, there it at thit moment in this province a population at least a large as that wtiicn landed tier irom xvngiand since uectmber, Kt0. Tbe number of those who bare left do not, so far as I can learn, exceed the number of those who have joined ut from the neighbouring colonies. Now, thit may be some aliat accounted for by the great interest possessed in the land by the resident population of the province.
of 24.4S5 scrta of land the quantity sold to purchasers from the Canterbury Association I find that no lei a quantity than 21,008 are owned by resident colonists, or are let on lease to persor.i who tre actually occupying and cultivating them and out of 4.00U acres which have been appro triated for church and educational purposes, 1,270 are leased and actually occupied, lly no. meant an inconsiderable part of these lauds are owned or occupied oy men wno came to this country almost penniless labourers, and are now grow in? into small but urnmerout and independent farmers. I am unable, in the absence of all authentic statistical re turns, to ten you tne exact quantity oi ianu in cuiutauon, but from inuuirie which I liave made, and on which I think I some reliance may be laced, I conceive there are not lets tnan scree under crop tiai ipnag, ana mere are ax least 7,0 acre fenced in. If you turn from the tgricultural to the putoral interest, you will find th pat to be no less creditable, and the prosict no lere tncoururinc. Forming a judgment as before, it may be stated that there ire not lest than 100,000 sheep in the pro vince, nor many lee than bead oi came and 4sj horses tlutt within the Canterbury block alone above acres are taken up for pasturage, producing a rent of 2.4ftV.
a year, which will in four years hav increased to above a From statistics published the lAittflUM Txmts of the 1st of October, it appears that, for the year ending the 30th of Juno, 1853, the total revenue of the settlement was 0s. total exjendi turc, 4.1C2. fis. 7L The value of the imports for the same inod were From Great Uritain 20,521 3 From New South Walei 28,402 8 2 From Victoria 2,083 0 0 From Van Diemen's Land 3,700 17 0 lor held that the plaintiff, by resorting to the fund in th) Hands oi me assignee, uad precluded tatuielves Irom maintaining any case against Iimond personally. From this decision the plaintitta appealed.
Tbe Solicitor tteneral, Mr. A. J. Lewis, and Mr. AVillea, of th common law bar, appeared for the apclUnt ji.
autre aou Mr. sicuiuiiug supporieu xuc uecree, he noiicitor lieneral naving replithl. 1 lie LoltlHTl AM'KXLOIl said, ttut judirment on this day week. HZ TIlETKl'STS Or WlNXll's WILL. Thit waa also an appeal from an order of Vice Cliancellor Stuart, made upon the.
wtition of Henry Winch, on the of June last. Tbe snort facta were, that John Winch, by hit will, dated the tth of March, gave and bequeathed to Anna Maria Mealy an annuity ot GOOi. stor ling, to commence six mouths after my decease, for her life and the issue of her body lawfully begotten in failure of hich to revert to ray heirs; and I have to request that my very good friends, X. Kindendey and Thomas Cxkburn, will act a trustees for the said A. M.
Mealy, so that tht said annuity may be secured fur her tule use and be nefit." The Court below decided that under this clause tbe their ps rents might object to such a course being pursued, appropriated, for the benefit of the ship, and the The VlcE CMASfKLLOR expressed bit opinion to be that rest shared' ainonir them, according to a fixed scale. tl.e inserted in the new scheme, with regard to It was also agreed that the should be stopped mv fnikiuw lusirucuon oi so cnuoxeo as tuts scuooi, uunng uiei aoeeuce fould have no such effect aa that sueeestMl bv tlie Attorney General nauielv. that of preventing offered to those who did return that if ther would; IHieetiUrt from sending their, children. There waa to navigate the veiael to Bombay he would diviile during the alwence of the crew from the shin. Nearly half the crew refused to return, and the master consent anion Jews.
Ilonian Catholics, indeed, might prefer having their own prieets to teach their children religious matters, and object to all others, but every Protestant Dissenter, to which class, it aiipeared, all thcoe in this town who were not the church of England tlnged, certainly looked upon themselves a Christians, and would not therefore excluded. It would be very difficult in a case like tlie present Ui provide for any other teaching but that of the Christian religion, ami on that point therefore he (the Vice chancellor)chancellor) thought that tlie scheme ae now proponed ought to remain unaltered. This wVa aa to the general oint, but it was certainlv also nrovided that the tiravera to be used should be thiee found in th church of Euglaud liturgy. Kow, this wa certainly objectionable, but at the same time word issue" must be construed at a word of purchase that it would very ex pedient that tlie prayer used should be IU.IIIIW4UI. 1 MM Ml UI111UV IVIUVU Lad It en aiiironriated to the hospital, to tlie injurv of the fch.i.l.
The care stood over for Mr. Lloyd's reply but the Master of the 1 tolls, without calling ujion counsel to reply upon the case, taid, that after maturely connjcring tlie fact of the ca, he was of opinion that the intention when the charities were founded was, that they should be benefitted equally, and if that acre so it was quite clear that a sufficient lKirtion of the funds had not been appropriated to the use of the school. There mutt therefore be a scheme, and inquiries must lie instituted a to th leases which had been' granted, and an account taken of the charity fund. It would also lie ncoewtary to consider whether it would not be ffcr the benefit of thecharitie to sell the adrowsont. and manors attached to them.
It wa lust to say that no im putation whatever attached to the present trustees. Fur iucr turecuous auu ousx so oe xvserreu. i one class of person who could possibly object to them the money due to those who had deserted, and he pal tne uran wouiu gin tne teaching of the Christian religion, and tliat class waa them the amount. A teaman for the run from Geelong to xximuiy coum not wen be got lor less tnan H. ine snip.
having oomplet her voyage, arrived at Liverpool on the llth of September. 18.W; the men claimed their wage, and the owners claimed to deduct 2 months and 28 days at the and also the sum of 87. the amount due to each as tlie roportion of tlie forfeited wages. Tlie mariner! SMented to the account, with, the exception of tbe SI. 10s.
i nit a aa not a suit to recover any amount stipulated to lie laid, but the uuestion was. whether an amount actually paid in addition to wage covid be the subject of deduction. So far as the evidence extended, tliia was a voluntary offer on the part of the master, in consideration of the crew under xaaing to navigate tne vessel to uomuay wituout additional teamen proceeding which manifestly entailed extraordi nary labour on them, and vm productive of great taeing to ine owners, i ne xoun, nowever, strongly incimea xo me opinion if this were a contract for any, reward Wyoud the wage stipulated for in the mariner's contract, it Would, whether made couipulsorily or voluntarily, be illegal. He did not wish it 1 to be inferred that mariners, harinz counleted the voyage outwards, were compellabl to make th return voyag when the number of the crew was to until that risk of li'a might be incurred. If this were a contract mad during the voyage, it would be void for want of consideration, according to th expression of Lord FJlenborough In Still v.
Meyrick, ('. Campbell).) He (Dr. Lushington) was cf opinion that th paymenUnad by the master wa Illegal, and that tb money might be recovered by th owner by action, a laid down in Siuitn Mercantile La, ana tne cases therein cited. If the ownen could recover by there waa no reason why the Court should not allow the deduction. Th aoorounation ot th forfeited waee wa couxiouance in me xwo omcus same ume, irom oppo i clearly a vioUUon oi tlie ltn and if in ictona, cnap.
112; sition to him or his principle and thus he might be at see. 9. IC certainlv would not civ the owners tbe cost. any time deprived of a portion of hi income. It waa an extreme hardship on the mariners that ther had ine ham r4.uK uiougnt xnax air.
axorexon ougnt i navigateil the veaeel for three or four months with naif the to allowed to continue in. hit office of chaplain, unless it original crew, aad were to receive no additional rtma interfered with his scholastic duties. The trustee were quite Deration. tt iiotrty to come to mi court tney so considered but tt to all future masters the clause wa a very proper one. A.
M. Mealy took an eiuitable interest only for her Ufa, and that ujn her death the children and other issue took the annuity a a class in equal share as joint tenant. From this order the present appeal was brought. The Solicitor General, Mr. Koll, Mr.
Malina, Mr. Lee, Mr. Smith, Mr. U. M.
Uiffard, Mr. Foster, and Mr. C. 1'. Stuart were th counsel engaged in tbe ease.
The arguments were not concluded when tbe Conrt rot, IIOLL3 COUHT, CirrcHiv LAsr, March 1C litforttht Ma TER of the Kolls.) THE ATTOIL.NEV VKNEKAL V. nUMMliT. Tli nuestion raisod in thia ease, which waa rvnortod a few ilavs since, was a to the distribution of certain diaritv 1 Th inooaus of th charirv heme 170. a vear onlr. it would fund existing for tbe benefit of the Greniinar scboul and be very hard indeed if Mr.
Morston were to made de llospital at Norwich. The groumlt of complaint on which pendent on the trustee approval to hold th office of i ne iniurniaiii.il a aa mea were, mat an nnnue proportion cuplain. tsotne oi the trustee mmnt relus to sanction hit such aa were aptiroved bv tLetruateea. Mr. rtALLr than suggested that the master should hav tlie lilierty of teaching thus boy whose parents did not object to the principle of tlx established church.
Hit lloxoi thought thit suggestion a very proper one, tl serving that tbe inhabitant of the town would then per ctivt that IhaenUrs might safely send their children. Mr. GLaxsE and Mr. Soctiioati appeared for the resent master, and objected to tbe clause which disabled im from holding any other office without the sanction of the trustee. Mr, Mnreton, the present master, had held tliat situation for eight yean, and during a great portion of teat time, uad neen also chaplain to tne Kettering union.
With these observations therefore the scheme might be tpproved, Fiu da March 17. LKWI V. CLOWES. The fact of this case are somewhat iculiar. It appeared yearlP21, leaving a' will dated 1MX, by which he devised contideraiile projerty, among which wa a place called Tump farm," and certain tithe in Ulooeaterihire, to hit wife for life, and after her decease to his ton, Timothy Lewis.
When the testator died there wa a strong suspicion existing that had made another and a subsequent will, which had not been discovered. In couscqneuc of thit suspicion, William Lewis, the testator grandson, took possession, notwithstanding the will cf 1S18, of the Tump farm, and held advent lossaaion of it against Timothy Lewis. Timothy inortcved the proiwrty of which he had iiofseasiou at various times to the amount of about 10,000. altogether. In 1XJ the mortgagee of the property nii their bill of foreclosure, and in March, 134, obtained decree for the same.
In the course of the ttut also they had brought actions of ejectment against both Timothy and William Lewis, whom the mortgagee uianagel in some way to include in their proceedings, and 'under these actions they obtained lws session of the whole of the property in September, lil The enrious xiart of the' case, however, is this. there wa an old clieat belonging to the testator, which; after his death. hsd been taken tswiiession of by hi wife, tnd so been passed on from one of the family to until in the year 1S52 it was in ajasession of the testator's granddaughter, who Before Vire ChanceUor Sir J. STUART.) H0BBS V. The question in thit case arose on th construction of a will, and occupied the Court for nearly fire hours, but was nn sort or general interest.
Mr. Tempi. Mr. Walker. Mr.
WicTam. Mr. Bacon. Mr. Mtlins, Mr.
FJmsley. Mr. Sliapter, Mr. Shebbeare Mr. lew in, Mr.
J. II. Palmer, Mr. W. 1).
Lewis, and Mr. Lagkhawe, apjieared for the partite interested. Satcrdav, March 18. (Befurt Yite CkanaUorSirJ. StCART.) BRIWEK V.
gWlRLFJI. The Mil in this case was filed against the representative of a deceased trustee and the surviving trustee of a marriage settlement, for the purjoee of recovering the trust fund, the whole of which had been lost by its having been laid out in a manner not authorized by the terms of the settlement. the settlement mad in on tha marriage of Mr; and Mrs. Brewer, certain real estate wa conveyed to trusted upon trust for sale, tnd they were directed to hold the money arising from inch tale on the niual trust for investment in Government or real securities, and then in trust for inch person or ersont as Mrs. I'rewer should by deed c.r will appoint, and, in default of appointment, in trust to ray the income arising from the principal trust moneys to Mrs.
I'rewer, for her separate use for lif, and, after her decease, tlie princisxl trust fund was to go to her next of kin. The real property was sold for which was subsequently, during Mr. Brewer's life, and with the concurrence of Mrs. Viewer, laid out in the purchase of a than cf a ship, a mode of laying out the trust fund not authorized by the terms of th settlement, and the whole of the trust fund as thereby lost. Mrs.
Brewer, after the loss of the trust fund, by a deed dated th 22d of December, 1W1, appointed the trust fund, after her, sold among oxuer wa lurmxure, to a carpenter ui ine death trosteee uin trust for the benefit of the only two name omitu, wuen ne came to look at his bar cUldren of her marriage with Mr. Brewer. On the 14th of Total 54,715 8 11 Tlie valuo of the exiiort of sundry descriptions of produce was la.UJU. Tub Cake or Tiir. Bklt.ian Giru Notwithstand ing the reward offered, Madame Denis and btr husband have hitherto eluded tlie exertions made by the police to apprehend them.
They are supposed to sbrosd. A second charge would have ln made against them that of conspiring'to procure the defilement of a' young French girl named Gabrielle, who waa decoyed to tlie house, but contrived to etcat. A letter to thit rirl from a foreign actress hat fallen into the Lands of the police. In this letteri which it dated the ftth of July hut, the writer cautions the girl Gabrielle against the house, and states that her own (the writer's) sister wa seduced there. The letter proceeds to gir advice to the girl Gabrielle, a friend." but the advice seem rather to' turn upoo the amount the would likely to gain than to dissuad her altogether from following a vicious court.
Thus, the girl is informed tbat, after paying expense, she would only bs able to retain half th amount tbe would receive, and that ah would never make mora than 67. at a time. Tb writer then invitecAhe girl Gabrielle to com to her house rather than to that of Madame Denis, chiefly a a matter of economy. It it stated thai attempt aav been made to induce the girl Alios Leroy to leave England before th trial. Since her eacar from the bona ah has received a letter from Denis, in which that person urge her ta wa abroad, and tall hr that tht will sand btr money.
and make her independent. Tbe poor girl it under th cart of the police. iiair of uo value, as well. also, aa an old pockethook. uiwn oning which a little key dropped out.
hmith, from some jHCuliarities which he noticed about the box, examined it more closely, ami found that the whole front of. gave way or opened, and in the opening he discovered two locked couiiwrtment, which, upon, be found the little key out of the pocket book fitted. l'n oeuiiig the drawers thus discovered a lr was found, which subsequently turned out to be a ill in tde by the testator, William Lewis, and dated in May, lf or two yean later than the will which had previously been acted on. Tbe will of ISX) having been proerly attested and executed in due form, had been subsequently proved iu the lrerogativexCourt, and probate of the first will had been revoked, liy the second will the testator had given his property, after tlie death of hit wife, to hit grandson, William Lewis, instead of hit sou Timothy, and the present proceedings were taken by William Lewi against the mortgagee of the property to recover Iisseasion of toe same. The reason of the plaintiff coming ta this court was, that the legal estate of the property left, under the wilL outstanding at the date of the will, wa in the hands of trustee, and the mortgagee of the same, who.
are defendant to thit suit, bad get in such legal estate from th surv iving trustee, and their having done so prevented the plaintiff from bringing, hit action of ejectment against them and consequently iroceediugt in thit court were rendered necessary. The case had only been oiiened when the Court rot. Mr. IUujU, Mr. U.
Palmer, Mr. Pigott, Mr. Smythe, Mr. Shapter, and Mr. Amphlett appear in th case.
SKWTOS V. UtURACK. This was an application for an in i unction to restrain certain parties from dealing with the cargo of a rcaael called the Countess of Elgin, at IivtrpocJ, or parting with the tame to any on hut th plaintiffs and also to restrain any dealing with reference to th bill of lading. Hit HoxoiR granted, in effect, the first part of the injunction, but held that the Court could not interfere with reference to th latter. 8atip.dat March 18 LEWIS V.TLOWUj jrrxiMEST.
The Master of the Roll, in giving judgment, taid. that although the facts of this case were very peculiar and of somewhat of a romantic nature, yet the law, aa applicable to it, tppeared to him lufficiently clear. In Um rear ISSl tn testator in the cause cued, ana, upon searening among his papers, a will wa found duly executed by him, and dated (a th year 1818, under which, swbject to eertaln limitations, hit property was left to hit son Timothy Ltwis. Kom 30 yean afterwards, and in tbe year 1832, another will was discovered under vary peculiar circ*mstances and, by the second will, his propel ty wat left to his grandson, January. VS 'iL about three weeks after the date of the ap pointment, the present bill was filed by the next friend of her two children, against the representative of a deceased I trustee and th surviving trustee of Mr.
and Mrs. llrewer't 'marriage tetthmient, and against Mrs, Brewer, for the pur Hjse of having the trust fund replaced. Mr. Bacon and Mr. lrior appeared for the plaintiffs, Mr.
Batten for the next of kin, and Mr. Elmtley and Mr. Cairns for the representative of the deceased trustee and the tur I thing trustee: Th without calling on Mr. Elmtley tnij Mr. Cairns, said he did not think thit bill maintainable.
I lie had a very strong impression on thit case, and on cases ot this kind. It wat perfectly true that lirewer wtt under the disability of coverture, but to this fund I she was a feme tofe and the sole rrsfniW trust. As she way to Pari wat the sole ctttuique trust, notwithstanding the disability Mr. Abraham. He may hare dona so.
This proceeding of coverture, he could only regard her rights as he would, is to worry and annoy Mr. Kean. thoteof any one else who wat absolutely entitled. In this i Jr. Colombink denied this altogether, and handed In ttate of things, she having a general power of appointment the account Which had been furnished, and which waa, over the trust fund, and, ia def ult of appointment, tbe said, to unaatisfactory that the assignee could not mak income oeing payame xo ner separate use xor uer uie, sue anything ol it, CON'SISTOrtY COURT, Fripat, March 17.
Beare Dr. LWHISOTOX.) Thit was the extra court day after Hilary Term, but the business wa pro formd only. PREROGATIVE COURT, Saturday, March 18. (Before Sir Jobs Dowws.) CfTOX, BT THEIR (SDAROIAX, V. ABBOT.
This case again occupied the attention of the Court the whole of the day, and was not concluded when it rose. COMMISSARY COURT OF SURREY, March 17. (ftore Dr. Haooard.) KELLY V. KELLY.
Thit was a tuit for divorce, brought by th wife against the on the ground of cruelty. A libel having been given in on behalf of the wife, it admission wat opposed. After hearing counsel. The CoL'RT directed the libel to be reformed. C0UB.T of BANKRUPTCY, BuivhaU f.rtct, JfareA 17.
(Before Mr. Commissioner Fax IS RE CKURGE HESSKT. In this case, where the bankrupt wa an extensive railway contractor, and whose case baa been recently reported, Mr. Quilter, the accountant, announced to the Court that a compromise bad been carried Into effect between certain parties tliat the turn in tbe hands of the official assignee applicable to a dividend was about OO.OOOi. and that it was exjiected a dividend of between 4s.
and 5s. In th pound would be payable about tha 24th inst. Satcrdav, March 18. (Before Mr. Cvmmiuioner Kane.) IX RE COr.NT PCX IX.
In this cite, when Che bankrupt was recently outlawed, Mr. Colombine, aolicitor to the assignee, applied to his Honour for a warrant to bring before this Court, for lamination, Mri Kean, th solicitor with whom th Count had bad bill transaction. His IIoxoCK. Why does not Mr. Kean attend to be examined Mr.
Abrahams. He is In Pans on basinet of great importance. Mr. Colombise. The bankrupt had extensive bill transactions with Mr: Kean, who charged him at the rata of 40 per cent, discount, and the estate it at a standstill and, until Mr.
Kean attends and explains the account tent in, it it wholly unintelligible. Mr. ABRAHAM Mr. Kean has attended her, and Is quitg, willing to attend again. By the OuCRT.
When did he go to Psris Mr. Abrahams I cannot tellexactly be want to Paris from Dublin. Hit IIonocr. Did he not pass through London on his trust fund had been dealt with in the manner complained of. ith her concurrence.
He could not hold that the dis ability of coverture protected her in any act she might do, to make the trustee liable for what they had done with her knowledge and concurrence. He was of opinion the could not have filed a bill complaining of her own acts, and seeking for a restoration of the trust rued by the trtutees. Infants and married women Lad, incidental their petition, certain disabilities, hut those disabilities had never been held to protect them In ease of misconduct or fraud on their part. The trust fund having been totally lost, Mrs: Brewer made an tppointmant of it in favour of her children, i tinder the power contained In her marriage settlement, In the tame manner at if the trust fund bad been in existence. and a few dan after this a hill was filed by a ctxt friend i sgainst herself and th trustees for its restoration, and he was ashed to sanction this contrivance for making tha trus tees nauie.
tonstdering tht arramstanoes under wnica th i appointment wa made, and tht terms of it, which treated th trust fund at if it was still ia existence, he should be 1 ssnctioning a court of proceeding which was unjustULabU if granted tha relief aakad. The appcixrtmeat was a Tic to make th trustees liable, and he mutt dismiss th mm. i. wviuu vm wiuiviu Duel, uewuse sue uui uwn could not hav been Ignorant of th circ*mstance under which th appointTnent wat mad. ROTnTRHAM X.
BATTZSOX. In this cat th bill waa filed in Jun last, th deem wa pnanouneed on th 4th of November, tha chief clrki eerti soat had been and th cans now cam on for further fftneiderHfi Mr. Wlrram. Mr. Bacon.
Mr. Hlalon QarVa Mr. 1 Hi IfoNOVR taid. it certainly was so th most unsatis factory document and th mott unintelligible ha ever taw. At to the allegation that it waa only intended to haras Mr.
Kean by attending the court, he would take care Mr. Kean was not harassed if Mr. Kan did not attend, he would certainly issue a warrant. Had Mr. Kean bem in the country lately Mr.
Abraham. I am told, not. Hit Hoxoi R. That it 'not a proper reply. Do you believe not Mr.
A BRAHAM Yes I believe he has not. His Hoxoub said, if Mr. Abrahams would undertak that Mr. Kean, a toon as arrirtd in London, would put himself into communication with th assignee, should not then istu hit warrant. Mr.
Abrahams said, he would. Hi Hoxocr. If not, I shall certainly istu th warrant. Mr. ABRAHAM'.
I think your Honour would bt quit right, INSOLrXXr an 17. VBefort Ut. Commmioner MtTtTHT.) IS RX JOHX J08ZTH IB LIT. This insolvent was opposed by Mr. OrifSts, on behalf of Messrs, Titaak and Co.
Mr. Sargood supported. Upon ajuxnunation the Insolvent stated that had beta, collector to th opposing creditor, who wo chain and cable tnanuiaeturera. A debt of 4747. wa now da to that creditors.
In 1S47 a chang ia tha firm took pa, when tht itsohtat'i account wvn taAmined, aad ahalano Ha tsatn asaaal att te Um im (sh Wsd tt wad),) has Washer tahw). In ins li est fsrenats. The csjsBoatn; reilitw had stitad 1W fttyssstxi aT sat aeacxenns. asu aaa stt tata axes. Th stannd O0MjiaiOxa urawttaati fUHe thtst It wv kopaasaa to thiak ot tthlasniag ItMlt sweth of trwrtssWthatacaa.
Th eaeditors ia UQ tmifM tUcUflcineyniaiaeceiBt, Wtit ws sdy hi UM thai tor th first tiasetasry Ksaghtta sawTtiWr legal right Mr. GairnTS ubmHied that there had tswa a rah tt trust as regarded th fcond rtilnd amonat of 143fc Mr. CcsDaxassioaarMUKrHr said if peapl weUd id their trasttsi a maawao bald saotwy thaire mad. simpla promise to pay, and allow kin to eosliaaa wttSou nolastation, it was to UUwbanth cUMor eatn to'thkl court to set up a eom plaint as a breach of trust. Th opposing sousil atxt obiectsd to th datsaarpi upon tha ground of an mad a preterexxo.
Tha laaulreut, ia October, borrowed lOOi. of a brother la law, SMtnad Cook, at 8 juth Shields, sod gar as security a btU upon his furniture and stock, which had siaca bata foroed, and nalixed about tOL Tha Inaolrant shortly bafbr hi arrest wrote to hi sister in law. IniVarxaing bar of hia embarrassed portion, I In I iiifni intl ioii 114 iuii munioated to Mr. Cook, be put ia force thasscuritr haheliL Th arrest wa admitted to be friendly, with the object of bringing into court tb surplus property, which had produced 4 I. 14.
3tr. 8aroood oontendad that th conduct of th Insol vent had not been such sa to bring aim within th loop of th penal suction of. th act of Parliament. Mr. Commissioner Mf KTHT taid tha prviM of hit mind waa.
that tb intimation riren to tha siaawr bv law which had induced Cook to avail himsalf of his ttxailty wat, although not a moral offenet, an offence sgainst th ct of Parliament. weuld, however, not deeid tho point at once, but adjourn tb case until Tuesday, and ba tb meantime bs would consider, aad, if necessary, cesaralti ti. L.nl Before im CinzT CoMMEwioxn.) IX RE WILLIAM EXTMOCR 1LACKSTOXZ, Mr. Sargood. at th riaina? of th Conrt (nearly 7 o'clock), appliwl, la the caae of Mr.
Blacks too, th It member of I'aruament for WaUiagtord, for tear to piuoteq with hi ease, and for aa order for hi attendance from Ox lord Uasti. where he wa ooufined for debt. It appeared that Mr. Blackstoo petitiooed th Coart under the Protection Act, and hit ea waa appointed to heard on th 5th of Xovwmbsr, 1852. Oa that day did not mak hi appearanee.
and in December last was ai retted, and wa now detained ia Oxford OaoL II wished io proceed in tut case, aad ta present application waa to IU amendment and to insert omitted creditors. ThsClllET Commiksioxzr thought, in addition, ther must be an unsiwlmsnl wkaA kad iwnrml itius A appoint! for th hearing, now a long time ago. Mr. SARGOOD aoquiesoad, and would take tb order. Hit Honour said, that whan th amendments were mad would nam a day.
Either th attorneys on the schedule (Messrs. Lewi and Lewis) must proceed, or a chaan of at torney be obtained in th usual manner. SATURDAY, JLARCH 18. Mr. Commissioner Philufs not being sufficiently reeo red from hi 1st indisposition to be able to attend Court.
th business in his list to dsy was disposed of by Mr. Commissioner McaritT, but th esse heard were of uttl geiMral interest, IX RZ ROBERT WilOELL. Insolvent, tha late proprietor of VauxhaS tardens. applied to admitted to bad until th day appointed for Lit hearing, Saturday Th sureties, buag aftprcrrad by th Court, wire aeotptad. Th insolrest, his schedule, ascribe hi insolvency to tb inclement weather during the last two seasons.
During tht six seasons from 11H to looS onlr on. 1851. produced any profits. In tha year! they amounted to 2flO0t. Th dslt are of wmtn are wi incut contioeranon.
SPRISa ASS1XIS. HOME CIECUIT. MAID6TOKE. March 17. Th commission for the eouatr of Kent was rnd on Thursday, aad tha business of tb assises wa eosiuneseed this morning at 10 o'clock, Mr.
Barea Park preaiding oo lb civil tide, and Mr. Baron Aldersoa ia th Crown Court. Th gaol calendar is heavy la point of Bomber, thai being l.xi prooMn lor trial, but a creat number of to ar of an ordinary character, sad such ss ar reaerally disposed of at quarter ssesiona. On tb civil side St cause are en tered, sight of wtuch ar special, jury case. (, ROWX BIDS.
Jiejort Mr. Baron ALDEKSOX.J John Ardray. 27. a maris, wa Indicted for tb ears tal offence of feloniously ihooting at John Viae with instas to muraer tuts. Th circn instance of this ca were of rather an txtraor dinary character.
It appeared tbat tb prisoner wa oa duty as sentry at th barracks at aimer oa ta rraning of the 5th of Htptembar, aad that th prosecutor, who is also a prirat In the marine, waa on of four man who war tent under tb cornmtnd of a sergeant a a relief guard, tb prosecutor being tb man who wss to tak tb plii of tho frisoner. It would teem that, upon tb guard coming up, prisoner dtliberstery levslled hi masket, which was loaded with ball, at tb prosecutor, aad fired at him, aad wounded him la tb groin and. aoeordinx ta tb testimony of the surgeon, tb lif of tb prosecutor would hav beea sacrificed, if tb ball had not struck a button, which hadtb. fleet of diverting it, and It paasad round ai body, dotatr no further mitcniei tata tn laniotio et a tugn wouaa upon th It appeared tbat tb prosecutor aad tb brisoner bad never had azrr ouarrel or darout tocetbsr. aad th former stated that ha bad not tb slight, idea tbat tb prisoner intended to arc at hiss until he fcttnd tbat ba as wounded.
Tbe prisoner. It itsmsit. had suaeondaoted him aslf on two or three nnrisinti sine he had been ia th regiment and had been imprisoned, aad it wa stated that as time his proceedings bad been very Meastri. The prisoner, when aalled upon lor bis defsooe. said tbat at the time ia question torn Driaonsr war coder bis charge, and whan tb relief guard earn up he did act know who they ware, and ba couodered he was only doing hi, duty in discharging hi piece.
bad no Intention to hurt his ooinrade. aod he waa vary sorry for what ba had don. Mr. Baron A I.PtRSOX summed up, and The Jury returned a verdict of Csitty. His LoRDiuar ordered iudrmant of death to ho recorded.
biting at tb tarn tim that should tak care the hi ot' tha pnaoner wa not placed ia any jeopardy, and th result, would that proper tep would taken to Insure hit own safety and thai of othart for the future. jsakcx as. Crowx 8ide. Before Mr. Ban Aldersox.) Jam Tomlyn.
G3, described ts a labourer, waa indict StI. for wilfully and malicioualy setting fire to a dwtlling hous with intent to injure John Uray and another. In two other count th prisoner waa charred with thev Intent to defraud tha Norwich Union aad tb Royal Exchange Insuranee iiBcas. Mr. Home conducted tb piuttution ta ixriaaasr wa defended by Mr.
Hawkins and Mr. Ribtoo. It appeared from tb rridetkc add need in tupport cf tht). prosecution that th prisoner lived at a rUlage called Stoke. a lew tnuea irom aad mat nad lonaeny carried on business ther aa a publican, but of lata kept a grocer't shop, and also farmed a small quantity of land, th farm buildings adjoining tb (hop and dwelling bout of' th prisoner.
Tb fir in quastioa oecurred about iU o'clock at night on tne iziaoi January. The Jury returned a vtrcuct of uuuiy. Th Uarned JflxiE. In rearing sentence, said that th prisoner hsd baon convicted upon tb dearest possible testimony, which did not leav tb slightest doubt of his guilt of" a varv heinous orTeneSL and ha fait it to hi duty tO OSSav upon him tha severe sentence of transportation fjr Li yearly MIDLAND CLRCUTT. DERBY, March 17.
Ciiowy CorRT. Before Mr. Jiutict Coleridge.) Ann Martin, seed 00. waa indicted lor tb wilful murder of Elizabeth Ann Martin, at the township of Codaor, on th 1st of last. Mr.
Bodn proMcutad and Mr. W. H. Adam defended th prisoner. It wa clearly proved that on th day la quaation th prisoner had taken bar dstuhtrs child, which waa two years old, and deliberately drowned it la a wall; bub' tha defence set up on bar behalf was, that at the tim of tha commission of th act sh was laasa.
Tb surgeon ot th gaol proved that upon her being brought to th prison th wta In a very, low and dejected state and extremely feebl both in body and mind, so that it waa not improbabl tbat tha might subject to a fit of temporary insanity aou is wa encixeu oy 1 1 us i swinMon uu ssav i other members of th prisoners family had been afltictad with insanity. Farther, bar conduct immediately after th commission of th act was relied upon as evident ef insanity it appearing that ah had uttered loud erie of lamen tats tion, and exclaimed Tb devil tempted Th jury returned a verdict of Sot uiltj. on the ground of insanity and tb prisoner was ordered to detained during Utr Majesty's plsasure. Henry Ridgard wa indictad for tb wilful murder of George Meynall, at Mackworth, on th llth of Nortmbsr hvt. Mr.
Eristows prosecuted and Mr. H. Adams defended the prisoner. It tppeared that on th night ia cusstion th prixoner aad the deceased were iwturiung la company, with Mveral other men, from Mack worth wakes, whan torn quarrelling arose, and a fight began between two of th men. The criaontr called out "fair Iay," and so, acsording to ou of tb witness, did tat Tb prisoner had in hi hand a piece of wood, which waa described at "a that it, part ef a garden Etnea, and.
holding this up, be threatened to itrika th deceased, or anyone ale who interfered with tb men that ware fighting, It did not appear that th Jicaattl did at all interfere, hut tlx prisoner, nvrthleta, daait kixa such a blow over tb right ye a brought him to th ground, and ultimately, oa tb 22d of Ftbruary fcllcwing, cauatd his daath. Ia tha mean time ha had suffered from of th brain and paralysis of on tid of his body, from which partially ncovertd, but afterwards had a tooond sttsrk Mr. Adams contended that thare was no rvittene of' malioa toward tb daotaaed. aad that tb pcisnptr, having and a slight stick only, tjould aasniy cooricted of sua slsughter. it jury took this vwof to ca aad.
gay a vtrcuct. Guilty of maDalaughter aad Tb learned JCDCX tentencad th crionr to ba hnpri toned and kept to hard labour foe ight months. BArcxDAT. March 18. (Before tie Lord Okie tufteg Jrarta.) Mr.
Bodao aad Mr. laarkhaa Trcswsad V. 6mai MH1t cteaded Kaat, Mr. W. H.
Adaats isttailll Uwood, an air. ir Brian cttaxdact nmttlc. Tha prosacutioa arot rst of Hriatit WaSash ttnmm.
