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advantage of by many, who from want of time and other causes could otherwise do nothing.

A plan of a hotel has been prepared by Messrs. Burn and Co., which Mr. Spence approves of; and as he agrees to open it on much the same footing as the one conducted by him here, the question now remains to be considered," whether or not an adequate sum for its erection is likely to be raised? Messrs. B. and Co. are not at present prepared to give an estimate or enter into a contract; but from the abundance of materials on the spot, they are disposed to think, the expense of such a building at Darjeling would be considerably less than in Calcutta. The scheme of the proposed tontine has been kindly drawn out by Mr. Curnin, and along with the plan, both are now submitted for consideration.

Doubts have been expressed by some persons as to the probability of a hotel succeeding at Darjeling, and the Mussoorie one is quoted as being nearly a failure. Without enquiry here into the accuracy of this assertion, it appears to us, that the circumstances are totally dif ferent. The Mussoorie hotel was started after the number of bungalows built exceeded the demand for them. At Darjeling there is not a hut at present available. No doubt it may be argued that the hotel is not likely to be patronised after parties have built their own bungalows; but the answer here again is, that the cases are not parallel; and whatever number of bungalows are built at Darjeling, it may be fairly presumed, there will always be a sufficient influx of Bengal visitors, who, from various causes, would prefer a residence at the hotel, to the trouble and expense of building houses for themselves.

It was then proposed by Captain W. N. Forbes, and seconded by Mr. W. Storm,

Carried unanimously.
Resolution 1st. That the report be approved of.-

Proposed by Mr. C. K. Robison, and seconded by
Captain Forbes,

Resolution 2d. That the scheme of the tontine be approved of.

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the purposes stated in the report; with instructions to Resolution 3d.-That a committee be appointed for call a meeting of subscribers, when it shall appear that

a sufficient number of shares are subscribed.

by Mr. R. Stewart and seconded by Captain Forbes, This resolution being carried nem. con., it was moved

Resolution 4th. That the committee do consist of the following gentlemen, viz. Messrs. J. W. Grant, C. K. Robison, J. Curnin, Samuel Smith, W. Patrick, Theo. Dickens, II. V. Bayley, Major Garstin, Capt. Bruce, Lieut. Gilmore, H. M. Low, W. F. Fergusson, G. G. Macpherson, Dwarkanauth Tagore, and Prosonocoomar l'agore, with power to add to their number.

Proposed by Mr. C.K. Robison, and secouded by Captain Forbes,

Resolution 5th.—That Mr. H. M. Low be requested to act as honorary secretary. Carried nem. con.

Proposed by Captain Forbes and seconded by Mr. W. Storm.

Most persons present are aware, that measures are now in progress for the construction of a public road, and four staging bungalows. These undertakings will probably be completed against February next. There are other matters of importance to the settlers. Such as arranging for a proper dak line; managing the details connected with these bungalows; fixing on a European of respectability near Titalay, who would keep a store there and at the station, and act likewise as an agent in Resolution 6th.-That the committe be authorized to procuring bullocks, &c. &c. These objects must be to incur any necessary expenses in circulating books, attended to by the committee to be now appointed. It, for which expense the subscribers shall be respon may be satisfactory, however, to the meeting to learn, sible. that a statement regarding the alteration of the dak line has been already submitted to the proper authorities, (with every prospect of success,) which, if adopted, will enable a traveller to lay dak from Calcutta at once to the second bungalow at Punkabanee, 1,500 feet above the sea level, and where he may arrive with ease on the fourth evening.

With these observations this report may be concluded. The subject in all its bearings is now before the community at large; and whatever difference of opinion there may be, as to the means proposed, discussion cannot fail to promote the speedy establishment of an object, conducive alike to the health and recreation, of a great proportion of the Europeans in the Bengal presidency. HENRY M. Low. Calcutta, 15th June, 1838. WM. BRUCE.

Proposed by Mr. W. Prinsep, seconded by Captain Forbes,

and authrized to place themselves in communication with Resolution 7th.-That the committee be requestedGovernment on all subjects connected with the Sanatarium, and particularly to endeavour to have the road now progress, converted into a good carriage road.

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Proposed by Mr. H. M. Low and seconded by Mr. C. K. Robison,

Resolution 8th. That the thanks of the meeting be given to Mr. Curnin, for the trouble he has taken paring the plan of a tontine. pre

Resolution 9th.—That the thanks of the meeting be given to the chairman.—Hurkaru, June 16.

MRS. CHESTER'S FAREWELL DRAMATIC CONCERT.

On Tuesday evening, we attended the above performance at the Town-hall, and considering the circumstances under which it had been got up, we were agree able surprized to find it so well attended. There could not have been less than twelve hundred rupees in the

Mrs. Chester welcomed with hearty congratulations, which, doubtless, stimulated her to do her utmost to please her audience; for she acquitted herself much to their satisfaction.

Mrs. Valadares warbled through passages of consi.

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night review." We are aware that it is a very difficult piece, and we have seen Phillips fail in it.

Jem Crow and "The Lover's Mistake" certainly were mistakes, and we would recommend Colonel Freelove to save the prompter a great deal of trouble, and himself too, by learning his part better the next time he undertakes one.

Mr. Linton was in good voice: he sang, "Oh maiden Mr. Rykmann, senior, on the Basso Bassoon, was fair," with Mrs. Chester in very beautiful style; but beautiful. His son, through indisposition was unable we think he was not quite so successful in "The Mid-to attend.-Hurkaru, June 21.

R. D. MANGLES, Esq.

R. D. Mangles, Esq. who has been appointed to officiate as a member of the Sudder Board of revenue, in the room of Mr. Walters, who has proceeded to sea for the benefit of his health, took his oaths and seat at

the board on Tuesday last, the 19th instant, it being the first board day, at which he has attended ever since his appointment as a member of it.—Hurkaru, June 26.

THE DARJELING MEETING.

A meeting was held at the Town-hall, this morning,
Friday the 29th June inst.

PRESENT.

a contract for the more durable building, the Company would no doubt have the benefit of a competition, which at present cannot be expected. On the whole then, Messrs. J. W. Grant, J. Abbot, S. Smith, W. Pa-after giving the subject their best attention, your comtrick, J. Cumin, C. Dearie, W. Bruce, W. Storm, A.mittee would recommend ; Grant, D. McPherson M. Dugal, C. K. Robison, J. Spence, Davidson, J. H. Stocqueler, Gray, W. Jack-forthwith; son, R. Evans, R. Walker, Captain Harrington, A. H. Sim, G. Prinsep, Willis, Earle, Barwell, and H. M. Low. The secretary read the following report from the

committee:

THE COMMITTEE'S REPORT.

By the 3d resolution passed at the public meeting of the 15th instant, your committee was directed to call a meeting of shareholders so soon as it appeared a sufficient number of shares had been subscribed for. Upwards of ninety having been taken on the 22d, your committee felt justified in calling the present meeting, and they have now to report the number of shares subscribed for as 105.

It will be in the recollection of the meeting that two plans for the proposed hotel were produced on the 15th instant; and that neither of them were approved of. Your committee at their first meeting, came to the same conclusion, viz. that there were objections to both; and Major Garstin having kindly undertaken to make a new plan, it was accordingly submitted for consideration at a meeting of the committee on the 22d. At this meeting too, another plan by Messrs. Burn and Co. was

laid on the table.

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Your committee do not feel authorized to recommend either for adoption. They approved generally of Major Garstin's, as from the explanations given by him, it seems to combine comfort with economy. But before adopting a plan at all, it is evident that some reference must be made to the amount of funds subscribed for, as well as to the opinions and wishes of the tenant who is to occupy the premises. Another consideration is impossibility of finishing a building on the scale contemplated so early as March next. Your committee, therefore, are decidedly of opinion, that a temporary building should be erected at a moderate expense; and, though at first this recommendation may almost have the appearance of throwing away money, they are satisfied the result | would prove a saving. Ample time would thus be given for practically ascertaining the value of materials,

1st. That authority be given to levy the subscription

2d That a sub-committee of three be named for the above purpose, and with power to carry through the necessary arrangements for vesting the property in their names, as trustees for the company;

38. That the committee be directed to make arrangements for the erection of a temporary building at an expense not exceeding Rs 6,000, and at the same time to secure a respectable tenant for opening it as a hotel. In conclusion, your committee have to observe, that though active operation cannot be commenced on the spot, before the month of October, still it is very necessary that certain measures should be in progress here, with as little delay as possible. That some difficulties exist is unquestionable, but if resolutions are passed to the effect recommenced, your committee feel confident, these difficulties will soon be surmounted, and that the sanatarium of Darjeling will thereby be estab. lished on a permanent footing, by next hot-season.-J. W. GRANT, Chairman.

RESOLUTIONS.

Stocqueler, that the report now read be approved, and 1st. Moved by Mr. Abbot, and seconded by Mr. that the meeting do authorize the committee to carry through the whole measure recommended. Carried

nem. con.

Dearie-That Messrs. J. W. Grant, W. Patrick, and 2d. Moved by Mr. Smith, and seconded by Mr. Dwarkanauth Tagore, be the trustees for the company with the powers recommended. Carried nem, con.

3d. Moved by Captain Harrington, and seconded by Mr. George Prinsep-That at present a temporary building is alone in contemplation, it will be sufficient at first to raise Rs 100 per share. Carried nem. con.

4th Moved by Captain Harrington, and seconded by Mr. Bruce,-That the committee be authorised to apply Rs- 200, in aid of the bungalow subscription.-Carried nem. con.

5th. Thanks to the chairman, moved by Mr. Pa

LANDHOLDERS' SOCIETY.

Proceedings of a meeting of the committee held at the Society's office, No. 3, Clive-street ghaut, on Monday the 25th instant.

PRESENT.

Rajah Kallykissen Bahadoor; Rajah Rajnarain Roy Bahadoor; Rajah Burrodacaunt Roy; Cowar Suttchurn Ghosaul; Baboo Dwarkanauth Tagore; Baboo Prosoonocoomar Tagore; Baboo Ramcomul Sen; G. A. Prinsep, Esq.; G. Vint, Esq.; W. C. Hurry, Esq., and W. F. Fergusson, committee.

Baboo Shreemonthloll Khaw, member. The gentlemen proposed at the last meeting as members of the Society were unanimously elected.

The following gentleman was proposed as a member: Proposed by G. Vint, Esq. and seconded by Baboo Dwarkanauth Tagore W. Bruce, Esq.

as a grievance, and he proposed that a respectful application be made to the board of customs, salt and opium, pointing out the grievances sustained by land. holders, particularly in consequence of a new order of the board, that the security taken from any gomastahs or other servants should be on a distinct stamp, by which the amount previously required is doubled to 16 (on salaries of 3 to 5) rupees per month. That, as all leases and kabooleats between zemindars and ryuts are exempted from all stamps, it appears, that persons who are employed in collecting the rents from the above lessees, ought on the same principle, either to be exempted, or at least put on a lower stamp. This was seconded by Rajah Kallykissen Bahadoor, and carried unanimously. Resolved, that a circular letter, inviting new members to the Society be lithographed for distribution. W. COBB HURRY, PROSOONOCOOMAR TAGORE, Honorary Secretaries.

The stamp duty now levied on the kobooleats and security bond of the gomastahs and other moffussil servants, was mentioned by Baboo Dwarkanauth Tagore Hurkarn, June 30.1

A CASE OF VIOLENCE.

The following has just reached us from a correspon- and the superintendent of police, and proceedings will dent and we publish it without comment :

"A firm in your city, having some causes of disconfent with a gentleman, with whom they were in partner ship in a sugar concern, contrived first to have him arrested upon a partnership balance sworn to, it is said, as a private account! The arrest was illegal, being performed by bursting open his door, at nine o'clock at night! to the unspeakable terror of his family.

Having got the managing partner out of the way, their next step was to demand possession of the factory, which the assistants, acting by orders of their principal, refused to give, and, in two or three days, boats with about thirty EUROPEAN SAILORS, and forty burkandauzes, were brought up from Calcutta, and the factory taken by storm; though there was no great fighting of course, for the assailing party were headed by Europeans, and the two European assistants in the factory, very properly turned the whole of their attention, to protect the managing partner's Jady, her two children, and female servants. She fortunately escaped across the river in a chingy, to Chinsurah, and is now in safety.

The assailants were perfectly aware that the mother and ber children were residing in the factory, and that there was, moreover, from 5,000 to 6,000 gallons of rum in the distillery store. It was with the full know. ledge of this circumstance, that these gentlemen led a party of sailors to assault it! Can any husband or fa ther think of the possible consequences without a shudder? There is "no mistake" here, Mr. Editor, for one of the gentlemen has actually admitted before a magis trate, that he was accompanied by sailors! A friend of his an officer of a ship, on the river for his health! and he, walked in to the factory, by accident, as one might say, seeing it all quiet and abandoned! This occurred on the morning of the 10th instant, but owing to the absence of the magistrate of Barrasut, on duty, the parties are in full possession of the factory, to which they might suppose they had some right; but they bave, moreover, taken possession of the dwelling house of a respectable family, and seized the property of all kinds, both factory and private, and some of it is on its way down to Calcutta! Petitions have been presented

be immediately instituted in the Supreme Court. It is needless to say, that the assailants had no sort of legal process with them, which could give any colour to their proceedings."- Hurkaru, June 21.

With reference to a statement which appeared in your paper yesterday, from a correspondent, respecting an attack on a sugar factory by some sailors and others, I beg to inform you, that the facts alleged to have occurred are highly coloured, although there is some faint resemblance in the general outline. With the parties sent to take possession, there were 10 not 30 sailors, who were carried up, in order to prevent a breach of the peace, which it was supposed might follow any collision between the burkandauzes of the respective claimants to hold the factory. There was not the slightest resistance, the late occupiers having one and all left the premises, it is supposed, on the report of a party of sailors advancing being received, and no part of the furniture or private property was removed. The house belongs to the factory, and the entire concern to the firm in question. As the matter will be shortly brought before the Supreme Court, when and where the actual circumstances and merits of the case will be fully disclosed, it is unnecessary to say one word more on the subject. The public will soon be enabled to judge who is right and who is wrong. -Hurkaru, June 22.

I observe, Mr. Editor, that your devils have overlooked a note in which I requested you to give my name and present residence in Caleutta to any person who may inquire for them; pray do so, if you please. My respondent informs you, that the facts" are highly coloured." I promise you they are not coloured enough; and, verily, the idea of carrying up sailors" to prevent a breach of the peace" is a rich specimen-almost as rich as the comfortable ignorance in which he appears to be, that the bodily fear is quite equivalent in the eye of the law to the violence. The entire concern did as suredly not belong to the firm in question. If their title was so clear, why use such means? and why, within ten days of the violence, claim in writing, ONLY a joint proprietorship? This document I have seen, Mr. Editor.

SUPREME COURT.

TUESDAY, JUNE 5, 1838,

The usual practice was, as laid down in the case cited from Russell.

In the matter of Thomas Wilson, of Dhurrumtollah, Mr. Clarke said, that he should adopt this mode of paper manufacture, Messrs. Baillie and Molloy, at-procedure, and that he should make his application on tornies for the insolvent, applied on filing his schedule, Monday next. that Saturday the 28th of July next, be fixed for the hearing of the petition of the insolvent, filed in the court on the 26th May last. Application granted, on the usual notice of hearing being served upon all the creditors of the said insolvent.-Hurkaru, June 7.

SATURDAY, JUNE 9, 1838.

John Pratting Green and Taranychurn Neoghy, were this day brought up before the court for the hearing of the matters of their respective petitions. The latter was discharged, and the former remanded to the 28th of July next, for the purpose of serving notice of hearing on the detaining, and several other creditors, who had not been already served to that effect.

Joseph Snelson Morton. Mr. Strettell applied on behalf of this insolvent, on filing an amended schedule, that Saturday the 28th of July next, he appointed for hearing the matters of his petition. Granted, on the usual notice of hearing being served upon all the creditors of the insolvent.

The assignees of the estates of Messrs. Alexander and Co; Messrs. Cruttenden, Mackillop and Co.; Messrs. Fergusson and Co.; Messrs. Colvin and Co.; and Messrs. Mackintosh and Co.; applied, that their quarterly accounts with the estates and effects of these insolvents, be received and filed in the court. Applica. tions granted.-Hurkaru, June 11.

FRIDAY, JUNE 15, 1838.

THIRD TERM.

This was the first day of term. The chief justice sat alone, and little was done except the taking of common motions.

SEEBOOSOONDERY DOSSEE versus COMULMONEY DOSSEE. Mr. Clarke (with whom was Mr. Nott) wished to apply to the equity side of the court, for a new trial of the issue at law, tried in this case last sittings, and he intimated an intention of calling upon the other side to shew cause in the first instance.

The Advocate General (with whom were Messrs. Leith and Morton) for the defendant, objected to this course, and cited the case of Moris v. Davis, 3 Russ. Rep. 3-8 in which upon a similar application the Lord Chancellor Eldon, after consulting with the Vice-Chancellor, held that the proper course of proceeding was to make an ex parte application for the judge's notes of the trial, showing some reasonable primâ facie ground for ques tioning the verdict.

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1 Mr. Clarke said, that there was a distinction in this country, where, although the court was nominally a different court, the judges were the same in law and equity,

Sir E. Ryan was of opinion, that a statement of ground ought first to be made in order to satisfy the mind of the court of the probable necessity for reconsidering the

RUSSICKCHUNDER SEAL versus Millett.

Mr. Leith moved that the payment of a sum of money directed to be paid by the master's report in this cause, should be made by a transfer of accounts, instead of the usual mode of payment into the hands of the accountant general. Notice had not been given of this motion, but it was apprehended that no objection could be made. Motion granted.

made to the court, the objections to the return of the writ In Mr. Ogilvy's case no application whatever was of habeas corpus, have been dropped, as the prosecutor is anxious that the proceedings may not appear to be vigorously and harshly pressed against the defendant. The chief justice intimated that only common motions would be taken to-morrow, Saturday (this-day).

In Macnaghten v. Tandy the demurrer to the bill (which is a bill of discovery to ascertain the names of the proprietors of the Agra Ukhbar) stands for hearing on Monday.- Hurkaru, June 16,

rect (as mentioned by our morning cotemporary) in Our Supreme Court report of Saturday was incorstating, that the demurrer to the bill of discovery in Macnaghten versus Tandy stood for hearing on Monday We may mention, however, that the Englishman is by no (yesterday). This was a clerical error for Thursday. means altogether accurate in warning its readers not to confound this case with the famous libel case in which the same parties appear as plaintiff and defendant, and in informing them that the two cases have no connexion with each other. It is very certain indeed, that a bill in equity to compel a discovery is not quite the same thing as an action at law to recover damages for a libel ; but in the present instance the former is closely connected with the latter, inasmuch as the bill is filed for the purpose of ascertaining the proper parties to the action, and it may be considered, therefore, as supplemental and auxiliary to the proceeding at law. The defendant has deinurred to the bill on the well established principle, that no party is bound to discover any matter which may subhowever, involved in the present instance, has not been ject him to penal consequences. The precise question, forestalled by any reported decision, and is still quite open to argument on behalf of the complainant.

MONDAY, JUNE 18, 1838.

THIRD TERM.

(Before Sir E. Ryan and Sir J. P. Grant.)

HURRYLOLL TAGORE versus SHAMYLOLL TAGORE. Mr. Clarke moved that judgment might be entered upon a cognovit given by the defendant to the plaintiff. The defendant died in May last, and application was made within a few days after that event to a judge in chambers to enter up the judgment as of the preceding

tron, without prejudice, in the present term. According | from the verdict which was pronounced when the evito the old rules, if a party had died in vacation, the judg-dence was fresh in their minds. I feel bound to say ment might have been entered up as of the term pre- that it then appeared to myself and Mr. Justice Grant, ceding, and, although by the new rules all judgments that you had argued the most ably and ingeniously, and are to be entered of record of the day and year, whether indeed urged everything that could possibly be advancin term or vacation, when signed, yet a discretion was ed; yet we felt that the probability was, if anything, reserved to the court to allow a judgment to be entered slightly the other way, and that the plaintiff had not up nunc pro tunc. In the recent case in the court of succeeded in making out her case. exchequer at home Mann v. Lord Audley, 5, Dowling's Reports, 596, the application was refused, merely because it could not have been granted under the old rules: the defendant had died in Hilary Term, and the motion was not made until the Easter-Term following. Sir Edward Ryan said, that it was an important point, and the court would take time for consideration.

JOSEPH versus PRINSEP AND OTHERS, EXECUTORS. The Advocate-General moved, that certain words of course, accidentally omitted in a decretal order made in this cause in July 1837, might be inserted by amendment. The other parties had given their consent. The order was interlocutory only, and it was the custom for the registrar only, and not the judge, to sign interlocutory orders. The clause omitted was the usual direction to take an account of the debts due to the testator. lu Wallis v. Thomas, 7 Ves. Jun. a similar application was granted; at least the master was authorized to take the accounts without any alteration in the decree itself.

Sir E. Ryan said, that the alteration would be a material alteration in the decree, yet as all parties had consented, it might be made. His lordship added, this could not form a precedent for future cases.

IN THE MATTER OF W. CURRIE, DECEASED. The Advocate-General moved, that the usual citations should issue in the goods of this party. Mr. Currie left debts and effects in this country and also in England; and by his will appointed his son and another party executors, who had proved the will in the proper ecclesiastical court at Canterbury. But it had been decided that such probate would not extend to India, and it now became necessary to take out administration with the will annexed in this country. A power was given by the executors, to Messrs. Colvin and Co. to institute actions, and otherwise to act; and the question wa whether this power extended to enable them to take out administration and act as executors here.

Sir E. Ryan was of opinion, that the power was insufficient.

Motion refused.

SREEMUTTY SEBOOSOONDERY DOSSEE versus SREEMUTTY
COMULMONEY DOSSEE.

This was the issue out of chancery tried last sittings, to inquire into the validity of a certain clause in the will of a wealthy Hindoo Kissenchunder Seal. I may be recollected that the cause occupied four entire days in the hearing, and that a verdict was found for the defendant, negativing the clause.

Mr. Clarke said, that there were one or two points which he had not then dwelt upon strongly enough; chiefly the circumstance that the defendant had instituted equity proceedings immediately after the death of ber husband, when if the will she set up had really been in existance, such proceedings would have been quite superfluous. His grounds for the present motion were, 1. That the plaintiff's case was supported throughout by probabilities.

2.That the plaintiff's case was consistent with that which she had previously set up in equity, and that the defendant's was the reverse.

3.That the plaintiff's witnesses were consistent with themselves and with each other, whereas the testimony adduced by the defendant was highly contradictory and inconsistant.

terested in the result, while most of the defendant's had 4. That all plaintiff's witnesses were perfectly unin

some interest.

5. That the witnesses for the plaintiff were far superior in character and station of life, and therefore more worthy of credit.

Sir E. Ryan said, that he retained his former opinion. He did not say that the defendant's story was the most probable, or that her witnesses were more worthy of belief; but the onus of proof rested upon the plaintiff, and the court could not come to the conclusion that the plaintiff had succeeded in clearly establishing it." Sir J. Grant fully concurred. Rule refused.

Mr. Clarke and Mr, Nott for plaintiff.

The Advocate General, Mr. Leith, and Mr. Morton, for defendant.-Hurkaru, June 19.

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Sir Edward Ryan said, that Mr. Clarke had ap plied to the court in this case, for liberty to enter up judgment, on a warrant of attorney given by the defendant, empowering the plaintiff to enter up judgment on a cognovit, (See the Hurkaru of Tuesday.) The cognovit had been prepared, but the defendant died Mr. Clarke now moved for a new trial. He felt him before judgment was entered up, and the application self placed in a very difficult position in applying for new was made a few days afterwards to a judge in chamtrial upon evidence on which their lordships had once ,bers, and by his direction referred to the court. Now already expressed an opinion; but the case appeared to according to the old rules, all judgments bad referhim so full of doubt and uncertainty, that he was inclin-ence to the first day of the preceding term, but by the new rules every judgment had effect from the day discretionary power of allowing judgments to be when signed. It was true, that the court had still a entered nunc pro tunc. But it was the opinion of their lordships, that since the new rule, it was necessary for the party to be actually living, at the time when the judgment was signed. Such opinion had been express

ed to hope the court might see some ground for a re hearing. He should now state the chief points upon which he founded his present application.

Sir E. Ryan. Have you any new statements to bring to the notice of the court? If not, your position is one of insuperable difficult. The court cannot well come

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