760 THE GARDENERS’ CHRONICLE. [N® 46. 
Th t wheel which lied water for fi founded his application upon these facts as set forth in the apo ica rer Ss S, Tours — aT ecenie atte: —_ m of the few sub. 
f S ss davit, M ides ae apne was admitte scribers in attendance was so taken up in discussing matt 
into the Forth has been taken down, and crea vestige pr ee of ghee ig aura : 1799—that in the years 1838, | having reference to the past rather than to the jonah Derby, 
will be left of this singular and gre eat nderta ng. _it 1839, and 1849, he transmitted to is son, who is an attorney, re- | that very little business was transacted, and none that calls for 
12} siding it adon, and is his agent here, the money to take out his | an introductory observations. The follo wire tobi the prices of 
of Scotland to erect an obelisk, or some such thin ng, oe certificate, which the latter neglected to do. The attorney for | the horses mentioned in the course of the 
rae t, with a apa tured bowie t ding the f the defence was willing to pay the costs if the court assented to _____ Derpy. 
= et recording the former ex- | the present motion. The Lord Chief Justice, having conferred | 20to 1 agst Lord Verulam’s Robert de Gorham (22 to 1 laid 
isten of the , the of the Lege jector, Ngai oe with the other judges, said, that as there had been a great deal of once) 
i fini feeling in this case, and ies bratty from is latter _ - : —- - ang rer men ir _ ” 
rt of the learned sergeant’s statement, to be disposed to come 33 to _ on erbert’s Nessus (taken 
has been the greatest ceil enterprise ever kar Pr abetter cathaatauine. the court would grant arule to restore | 33to 1 — Lord Westminster’s Auckland (taken) 
aa, British sa = — Sco Mr. Neale, pon payment of the arrears, and a fine of 6s. 8d. Mr. 35to 1 — Mr. Bowes’s ee 
e Fre rmy.—A off ial account has | Sergeant cane aa ressed his sense “ the kindness i or - be 1 “pe — ct = — bo taken a . " 
ships, and w: und to say that the defendant’s attorney ha Oo 1 — Lor esterfield’s nee co) aken 
la ately eet pablied of t the iebalbiateatian of military pe pg eoaars some offer, taking all the circumstances into | 1000 to10 — Duke of Grafton’s Canadian (taken 
justice in e during the year 1838, from which it | .i<ideration. ee 
appears id as army then consisted of 314,919 men, and ‘Alexander ¥. Birchfield. —This was a case of considerable | MARK LANE, Fripay, Nov. 12.—Our arrivals of Corn during 
the prosecutions did not exceed 4,6 OF these 3,169 | importance to all persons in the “practic e of roe and | the week tate been moderate, e, ae the basineds transacted in 
were sentenced, viz., 69 to death, 3 to yore tation, a7 paying checks upon bankers. It was an action brought to re- Wheat was to avery limited extent only ; prices may be consent 
a 5s grupo 72 cover the amount of a check given by the defendant for two | nominally oer samme a = Monday.— tow Barley, Beans and Peas 
oe — sean ys = i and imprisonment, 2 2 007 to | horses, which he had purchased at the Horse Repository of the | we observe no _— —The Oat trade is flat, and Monday’s 
dis smissal from the service % and 2 to | plaintiff. It was laid before the Chief Justice at the London sit- | curren my, anes 
} ted | tings. It appeared that the bankers upon whom the check was | : TISH per “gue Sionstex, 
RP vere eee. , | drawn had stépped payment when it was presented, and the ig Buen, ent ahd Sei pas Pe oleae sg 60 to a Rea & - 
question raised was, whether it was presented within reasonable | Barle : Malting and distilling 28 to35 Grind. 24 is 3 
three of the latter were porage serving in the French army. | time according to the custom of the city of London. The check Oats, Lincolnshire ai and Yorkshir re. ds 20t025 Feed 201024 
- the 4,638 individuals brought to trial 2,468, knowing pene dren Monday the 10th, and paid sett cern iff int —_ = RODS coecor ay aind apne > "Feed wo hance 
bankers’, Messrs. Young and Co. mh a eld, os u » an moe fea < ae x me 
read and write, signed their interrogatories, and oe prcaaateal We tlisead Me vast ing of thé isth, | B2cu) 1 os lt i Mgnt lp ee — ranaanie 
ow to 
2, 170 hart completely illiterate. Thee corps of the sta as and | when the bankers had brad wibarnaicherrry ae td Stain 
Pigeon, tieligoland ee 40 to 44 wh ind is. 46 to 50 1, Guta 32 to 40 
single offender. | was of opinion that it had not been presented within reasonable | Peas Wh: to 38 
40 to 44 tien 36 to 40 
RAGES. 
Among the Invalids of Paris and Avignon, amounting to | time a a ae reac ot for the defendant: and > ere SS et 
2 a , ound a : .| Barley.| Oats, ye. eans.| P, 
abou t ,000, there was nna one; the ay ay the | jeave was reserved to move the court to set the verdict aside and | October 1. . a Bae Ae paar 5 
municipal guard, and fire 16,974 men) had 13, of | havea trial. A rule nisi was subsequently granted, and Mr. eae ae el ry ender fo} 2 a 
whom 6 were ‘conden ace i try, One Se of 88 Serene : ao owed — - t oy ares co. a Peace 1 5] ot 9] 35 0 | rit] 4 
ha 464 ac w tended the plainti: ad not exercised the necessary dili ce an ae fe 1 7] 22 oO} 89 0} 40 4] BB 
1849 nts ng oy I mee bad ah cused, be f 53 presenting the check for payment at the bankers’. 1 a ae 65 2 8} 20 7} 4 4] 40 8 
, were found guilty ; cavalry, composed 0 utely necessary for the protection of trade that a check given on | g-weeks? Aggregate Aver.| 63 prolsapiat a e| ibe 
regiments, with an effective force men, had 392 | a bank be for payment within a reasonable eereral | 32 0} s120| : 
accused, of whom 263 were condemned; the artillery, tine afte it had bene te . — a ee — uties 93 8! 1310! 15 3! 14 0| 9 6} 28 6 
: greatest injury wo resuit. im ins! ce the defendant nat ——— 
ity the co tain i = ye bese: t f ample funds at the bankers’, and if it had been presented on the GAZETTE OF THE W a 
ara uF cot train (2 Do) men), a = poe 11th, it would have been honoured, and noneof the consequences | INSOLVENTS.—J. Smethurst, Manchester, s ‘are mannfacturi 
187 ¢ ned ; ( of which the plaintiff complained would have occurred. There | Jackson, St. Paul's Ceneaa ee comm eapoitn Aiy a Fe iver 
* . commission agent—R. Kings 
wee ti ueee of the pre- | A. Peiry. seaward -street, Spitalfields, 3 silk~ pepe aire J. Bowser, Milton- 
sentation, othefwise the time would beso uncertain that it might | street, vests Eason x and Preston-lodge, berg oe Pore Clapham, timber mer- 
extend to avery long date. Mr. Sergeant Wilde supported the | chant_G. R Oxford-street, hosier— a Slag re Ee eps 
rule, and urged that the plaintiff had adopted the custom which | Pa!mer, vp por Whitecross-stre et, carpenter pool, spirit 
~~ universally practised, of writing the name of his bankers broker—S. Prosser, . Southampton, fa 
cross the chee! ak paying it into fhe house, and the bankers Bale ag saiprelngales Bhskicae ct oe poe binges 
-yart ‘arey-street, locksmith. jaunders, ingston-upon: ‘- 
had homey it i for payment the day after they receivedit. The chamt—R_ Mitchell, Lime-street, merchant —J. a Scott, Milton-next: -Graves- 
7 j + ; em . S01 street, ta 
pene 9 ae a barony aa ar te it as aes ean gs rel, Sussex-street, Tottenham-court-road, victualler—G. Kidman, Long-alley, § 
nm eit Bo er P acheck for payment the day after 1 | Worship-street, viewaller—M. ‘A, Dunean, Oxford-terrace, Hyde Park, board- : 
was paid into his hands. The plaintiff must be considered in the | ing-house-keeper—E. Davis, West Bromwich, Staffords| shire, timber dealer—W- 
. 
Mook waggon tr ain, be Ga . 
men) hed 39 “ie and 22 condemned; the sa art 
p-§ rs soldi a or rlinereate (51, 442 men) oan 
sed and 38 condemned; the medical staff (1,3 
2 aceused, who were haere the officers of the sient 
administration, 695 in number, had not a ge ae 
579 
tende ¢—London, 9.588, 144 os branches, 
$039.3 350. Rejected as light — London, 79,0802; 
branches, 1,119,5 ee - would appear ie this, — 
Jit ine 7, tendered at the Bank of Eng 
the recru' iting depots had 1,107 accused an 
same position with respect to his bankers as if he had handed the | Carr; South Shields, Durham, grocer—-R. Guppy, Ralstock, Dors jetalire, , acon 
denned oioy se a peat ae rma 00 strong, | Sa Pots party i payment of a debt, and in which | Snr aa ain som anaes“. ie ie 
the 165 officers | case he could clearly have come upon the drawer of the check for = n, Lancashire, cotton spinner—B. Sheridan, Liverpool, provision deal 
of th earmy, 19 only were — and . condemned ; of the | payment of the money. He trusted, however, that the court, and A. Y. Barrett, Kingston-upon-Hull, engi anufacturers—H. Tove, 
sub-officers (20,3 312 in nem! ber) 73 were accused, and 36 | ifit should be of opinion against him on the point of law, wo dshtonunder Lae, hat manufactarer—A.) Jy aks ee eee 
Ghaltbenhed : corporals or bri ds v3 (25, 130 , — him a new trial in order to put in evidence to meet a ques- rw oe hist. Owned, Elle shire, grocer—R. M-Lachlan, Liverpool, 
5 or origadiers men) hai which was raised at the trial as to the time of the payment vi tualler D ; Bushbury, Fi 10% lace, Southwar ge-road, 
128 aceused Yoon 73 condemned ; and the s soldiers (252, 313) ey the check, and which he was not aware was material, and in crivener—V nj Hadgescow, Renton, tay Heater 8 Se rd 
‘Thad 4,386 accu order to take the matter into a court of error. The bag said sien Frat calor “My Saukandn wrockyoces ‘tecbex saedebaal 
Light Gold Coin.—By pendix No. 12 to the second the question was of importance, and it would take time to consi- | —B. Fel, Sb: anata: pp bleacher — W.-Watkin, jun., Leamington 
‘of the be der its judgment Priors, Warwick, co erchant—B. rons, Knowles-court, Docter’s Com- 
report of seléct committee on banks of issue, we find Courr orgQuren’s Bencn.—Clark and another v. Burnett.— nig fursier Hs. C= Weta Siren princes 2 Bere? heen hes os J. 
¢ th, “ le u » hosier- > 
that the Bank of England, in the four years endin —The in this case are eminent Sommongers at Wolver- | Misi, Debechite, om ee HorwheneKenwesnany Besiee — enee — 
Decem tend: at in London | hampton, and the defendant is a licensee ot} deg rf 's Pager Bolton, Lancashire, provision dealers—E. Sloane, York, woollen drape 7A. a 
36,007,8987. in gold ; of which it rejected, as light coins, | (%,Warmlys houses and aren nh Ee eect NRT. 
y s te 5 k4 os ? | transmitted through pipes, The dcfeniant was ha cnaploget abe set — > Z as 
o the ount of 7,435,2 (44, At the branches in the | up the heating apparatus in the premises of the plaintiffs, andthe SCOTCH SEQUETRATIONS.— Frinton og eon Oe asi beso 
> « S shoe-maker—J. Alexander, ee bu ‘lder_-J. T nm, 
country there were ered, in the 4 years, 27,153,669/. a — found to answer well enough for ashorttime. It } —J. Loudon, J Paisley, groc : —W. acacia eee Lovat, Lavernessshire 
in gold ; of : ich w jected, as light coins, to th att toate ‘the aeaceiine of the Bm es £3 Sehunton re eee ae SS cen Pn xe 
amount’of 3,085,383/. Light bes coin seems, from this | which it had been erected ; and as the defendant refusedto refund | prison the ath ini iiw lady of Profesaor Royle, M-D., FILS. of 
on as! cor for, in the year 1840, the | the money which he had Poona im payment for the apparatus, | g.uciter On the 26th ult te prey eat Davison, of se ee Majecr’s Oth 
ie y m4 
the nt acti shtterecever it back. The case came | Regiment, of a daughte the 4th inst., Mrs. Kesterton, of Woodlands, 
e, 
for a rul p 
y i set 
and a new trial had. The ground upon which the learned counsel | cha+l’s-grove, Brompton, the lady of E. E- Deacon. ag igh sage ea tbe 
supported his motion was, that the machinery in Mimo sete pap e th inst., at Clapham-rise, the | se neo Ly bP D. Whatley of of & , aan 
¢ On 
of 
Baw. complete or excellent soever at the time of its erection, could erty eens an Rerkice. No. 10, Nort 
continue in that co! go Penge the application of - = See eites > nck Sees Gb ack: willing ana 
Covrr or Excnequen.—Morris v. the Duke of Ni This | tention upon the part of the persons by whom it was put in fe nm Sat, 82 St bey pe 
was an action which our readers will ae reed a at the | The learned gentleman further contended oe fas eve pha at tthe — se ges Pacey Cary Male eh Cake’ ha 
assizes for the county of Suifolie, ‘o determine the validity of | trial had shown that the necessary care had used in Chelsea, F. Lovell, Eeq., of Chelmsford, eldest son of the late "B10 Lovell, Est? 
‘a modus in lieu of tithes, when the jury found for the plaintiff, ference to the subject leith oa servants = the paeintidin and that ‘t of Sloane-street, to Maria nigeeag eldest daughter of LS Rogers, Bea: "George's, 
thereby roby deetding: the modus. Mr. K elly now moved to | Was, in fact, from the of such care that the subsequent de- | rille-street, and the King’s-road, Chelsea On the Ot aie “to, Chariotte 
aside the weraes and for a new trial, upon the ground of mis- jency of the machinery had resulted. praeant heety chee gh var Re: C--Gonge, of Eton College—On the sth inst-, 
direction on the part of the presiding acs Baron Alderson), | Justi a w t e had been tried, stated, } at Sacombe Park, Her nae dshire, G. Vivian, Esq., of Claverton, Some .: 
e plained y of the bearing of the learned baron’s | however. h questi had been fully left tothe jury at } to Elizabeth Anne, eldest danghter of the late R. W- ee — = wey. TB ke 
charge, in which i assumed that the modus d, or, in | Stafford, and that they had, upon the evidence before Se en eae ergata gear ey Datos sisal : a youngete 
tec language, “rank modus.” And it eged, as a | Tived at conclusions contrary to the grounds upon which Mr. God- | danghtes of the Jat a 
of his direction, that the learn , Without | 50m attempted to support the application. The court upon t} House, High Wy = 
any ence to found the calculation, had instructed the jury | 8Tound refused to interfere, and the rule was therefore refused. DIED.—On the 26th of Augus' dicen pentane third ear) 
that 14/. which it was alleg e modus was fixed at the Brook v. Jenny -—This was an action of trespass teveent aeatatt hpon LP ee of ‘he ais Regiment Benegal “September last, at Tobago 
reign of Richard the First, of as much value as two hundred | defendant as a surveyor of roads for cutting dow Wert Indies, in his Sad year, of apoplexy, Richar. ‘4 Thomas, son of T- Carpenters 
guineas of the present money. Some of the most eminent modern | ‘Tees belonging to the plaintiff, andalleged by him re ee pao of West oe ‘am, and late of Ilford House, Essex—At oo ae Lai ‘Co 
titers on such questions had come to a ri ion as | taltimber. The cause was tried at the summer assizes of 1840 | in the 46th year of his age, J- H- moma ane she ‘Barlow, Bart. G.C-B— 
tot tive value of money, and he submitted that the learned | for the county of Norfolk, when it appeared that the plaintiff had | 4’, Givi Service in Bengal, cides ‘Churchill, aged 8l. ‘ 
judge was not entitled to force upon the jury his own conj cut his hedges, but it was stated before the Justices in session ce fiscal ee 
u a questio ure without ee opportunity | that they had not been sufficiently cut so as to admit the light INDEX OF THE PRINCIPAL HORTICULTURAL SUBJECTS IN 
for investigation. Lord Abinger said wo consult | and airin the way required by the Highway Act, and the justices No. 45. 
Baron Alderson, who was not present, and ‘fae decide whether | then made out an order bape the defendant, as surveyor of | Ants, their destruction . . 7345 | Metzger’s Cereal ga Neale roma 
the applicatioa for a new trial should be granted or refused. the roads, to “ eo prune, or plash’’ the said hedges. The plain- Sauatics, greenhouse. . ~- 7376 os ames Feviewe pie ofee Tee 
Kelly v. Solari.—This was an action, brought in _ pame of | tif icanrioergh aoe eed teas greatly exceeded the directions maaee geet ‘idle ok. HE iso ¢ meen low a plies . 778 
Alderman Kelly, as one of the directors of the J e Assur. | Of thisorder: and further, that the order itself was bad, being | Bees, co join two hives, : Jat por 
ance hygeine against - - ergre: on, widow of Eg Angelo | Uncertain po btn definite e inits pee sothat no one could tell | Cedar, Deodar, its i treduetion 7at ¢|_ Oni yee ; mee 
Solari, to recover back the 1972. 16s., which it was all how the emvayex was to cut, prune, and plash, though the — Cedar of Lebanon, its uses Kinet Peay th heres uae “en 
had been improperly pai or von agents age th directed that such cutting, mon tog ee plashing should bedone | Charcoal, its effects on plants 7% ¢ Sate - 
to Solari. The action had been tri he sittings | Only so as to admit light and air to the road, and in no other way. Climbers, sr opeenbinee, text new 737 | Pear, the Tertenhal, ; worthless ’ 
erm at Guildhall, and a verdict found for the de- | It was contended that this restrictive description of what was to | Cotta age | Cieiaies No, BEE, - 732b Petre’s 4 sof the Re ws eae a 
fendant. Me Thesiger new mov w trial, ou the be done ought to have been inserted in the order, — that the Cuemnb ners ek: Mane 8 6 GEE: Rn oany 268 5 : 
that the verdict was against evidence. The facts of the case ap- | Want of it madethe order bad. A verdict was giv r the de- | D#blia, its promugciation 2 fa6 8 | | Plants, potted, to tun my 
‘peared to be, that deceased, Mr. {Solari (whose s fendant. Aru w tri d been since Sta on the | Floricultural Society ERR Ry Lene right of, in "plan ? ale 
im connexion with the Exch bills frand), ground of the objections tothe order which had been m: at the | Frnit-room, remarks on 733 Shath: bint 
parate policies on his life with the Argus Com- - e Court was clearly of opinion that the words referred | Frit ih eRe, . : by Gat 
any, two for 400/. each, and one for 200/., on wh = - 6 to ought to have been inserted in the order, and thatthe opinion | pvchia fa) 733 ning, Errington’s Te a9 
question arose. The premium due on the 3d Sept , , was not | of the jury ought to m ti on the question, whether Bricks ay mo poate + 737 eg ag ke a! eee 
paid ‘within twenty-one days ai after that date, and a eb occ De to the | the defendant had =<. praned, and piashed the he ported from America 732 So paver management. ° fas 
t Of the policy it was thereby rendered void. On the 1sth | a@mit the light and had done more than was necessary Henrea ident arb (hg haemo para RE oreg 
Oct., 1840, Mr. Solari died, and Mr. Rapailo having applied at the | for that purpose. There must consequently be a new trial.—Rule Horse ibtlah: peso : oar Y London Floricnlenral Sg’ ta35 
Argus-office on behalf of the widow, obtained the sum of 197/.10s., | absolute. ‘orticultural Society 734 b | Stages for greenhonse PET’ 7388 
- of the policy of ded t Batt Court,—Richmond v. Cole.—Mr. Chambers applied to his Hoult its introduction ee ee jo pb ere = ae 
for that sum a jerephip fer a rule to show cause why there should not be a new oes — — Hort 734 ¢ | Vinerfes, Appleby’s answ: 
or inattention to, the facts this cas The action was — by a chemist and | Kir n, to form 7876 | the questions respecting ©. | 7375 
‘court granted a rule nisi, pool to recover the sum of 77. r medicines supplied to the fie Tong oraan its treatmen t 737 b | Viole Russian, its ia ook é 
Court or Coma s —Punter v. Lord ley.—Mr, | defendant’s son,a minor. The cau rena tried in the Secondaries’ } Linnean Society bi ay Bechet ranean z Te 
Sergeant Shea made an application of a very peculiar nature, | Court, when a verdict was returned for the plaintiff, with 40s. — sect Pacnfeoa thr a — 1 | Willow F Scotland, queries Te qar8 
arising out of the recent tal in this case. It appears that damages. The learned counsel stated that the ground of his | ment z specting oe ea *aescribed 76 
: application was, that the plaintiff had supplied the medi- | Melons, ° woe , their destruction jitse 
defendant had refused to pay the costs of the action to = present 
attorney of plai : latter ora emp tncemrse abet reel —omghest “soit ait in 
out =< action was | that he py ede tay gl certificate from the Apothecaries’ Com- am ae Lombard-street,. F we leet Stic at 
that } pany, or i ae in as am apothecary previously to Bic —— be Sine ahaa? rier OE Tondom me ee halons: 
to be 
| the that in the absence of such a 
: ie each ase Ides tere whom the case wan tea oust to: Se Oe ee cece Comecmlooiens 50% 
directed @ nonsuit, Mr, Justice Patteson granted a rule. Editor.—Saturday, November 13,)i041. 
