The Express. — London, England, 1853-12-22 00:00:00

THE WIRDMOTES. y o terclay bring St. Thomaa's Day the usual ward- mat o were held for the election of the civic Waren. The c,..rporatton was the chief topic of debate ; but sanitary Wows aIA other topics were not entirely excluded. The mr odicii late of Temple-bar was 'mentioned in one or two of the wards, but it appeared to attract very little general sttanon. _ ALDGATE. A:,!crtnan Humphery presided. The proceedings! ism of very little more than a formal character, as no contest was anticipated. It had been previously notified that two el the members of the late Common Council would retire, h id that two other gentlemen would offer thsnaselves for th e vacant scats. Bums little conversation took place in 1 ravrisce to the proposed reforms in the corporation, and 1 th e ittiterel impression veered to be that though some alter- ' e..is wrre itidiopen•able, it would be highly injudicious on the put of the government to interfere to any serious extent with die rights and immunities of the City, or with the pnottple of local self-gov• raiment. The members of the Common Council for this Ward for dot and the ensuing year are as foNow :—Mr. James Labe, deputy; Mr. It. It. Whiteside, Mr. It. C. Buchnall, Mr. Oemond, Mr. B. Burnell, Mr. John Hudson, and Mr. ,ipvr Stephenson. The two last-named gentlemen were demi 4 in the mem of Messrs. Freeman and Fisher, who nudged. CORDWAINERS. At this ward Alderman Salomon, presided. The wardrnote was nunterowdy attended. 'Wren. Deputy Lett, k S A., Mr. 11. L. Taylor, Mr. W. Crouch.r, Mr. Richard Tress, Mr. Chatrey, and Mr. W. Joyce, the late representatives, were tutaaimotwly re elected. The several otemben returned thanks. CRIPPLEGATE WITHOUT. Mr. Alderman Cum.Lts, M.P., presided at the Wertlmote held yesterday fur the election of eight members to represent this ward in the Court of Common Council. There was no opposition. Seven of the former members offered themselves fur reodection, and were unanimously chosen ; their names are Mr. George Meadway, Deputy ; Mr. John Johnson, Mr. Raptness Read, Mr. William King, Mr. Leong' Cuthbert, Mr. John Sewell, and Mr. Jobs Dairies. Mr. Wawa having declined to eerie again, Mr. Robert Spencer was elected in his place. The several candidates baring returned thanks for thole ' moon, in doing which each of them declared himself is favour of Corporation Reform, An elector remarked that he thought there was seam seated of duty chargeable to that body in the Corporatiee who were contested with the management of the sewer'. le luny parts of the ward there was no sewerage, and the wiespools, which were monetarily their substitute s eel& nosed great injury to the health of the inhabitame. Mr. Deputy MIADWAT said that the City Cunumbeins of Sewers, and he believed the Metropolitan Cvnunississ she, were doing all that was is their power to improve lbw &Usage and the sanitary mead= of the niertgemelie jpreee rally ; but it should be remenkdmi that while lisle miss 3,0110 miles of ..wen necessaryee emmiste the desienge of laden and its suburbs, only Molise if most existed. Until a complete modem of eirebseme nor sompisted, sod that it was obvious mast be s week et time, there must be cesspools, and the seisms seleleg from them must in • greater or lase deism sindnes. Mr. Kure (Onus Oseedbies) observed that there were 800 leiglartkeseee Is die ward let oat to prior families, sad is smy many deem biasses there was no inter nal accommosiatMo. If the leadismised time would do their auty in providing that amminarneklies which was necessary foe the health of their tease% and making their houses fit for human befogs to live in, seek *odd be done in the way of improving the semiesty ensdition of the ward. Un fortunately, all the lemillemie Mod for was their rent, and m they generally {lenient of ems s sad received the rent Waugh en agent, the emermislienals Mehl est get at them. It might be said they wiskt se le She teoeute, but it would be hard to go to time MS pee* and take their geode he not whitens/aft the Yam, sad lambing that provides which it was the duty of their landlord to make, and whisk they themselves could sot. As Et.ec - roa mid he could not admit that the fault wee altogether with the landlords. He thought it mart be chargeable to the commissioners, or somebody else fa the corporation. Mr. Deputy WISADRAT—TO use extent, it may, per. haps, net with the eeninneninnen or the deputies. 'bet fa mat he remembered tiny onset be at all places at once. Mr. haze(ll (as eleetee) thought, however, if they would honestly pat their shoulders to the wheel, they might do much good. (Hear, hear) It was all very well for them to say that the fault was with the landlords but it was the business of the corporation to see that ' their Radioed. did their duty, and if, as the law stood, duty weld not compel them to do it, application should be made to parliament for a more stringent law. The present state of the ward was disgraceful, and the eMinia arising from the sewers through the gullies was so great that persons who were the Watt astionatical could not bear it, and were competed, on going to and returning from church an the Sunday, tocrosa and enema the streets in order to avoid the gullies. He hoped such of the gentlemen who were now returned to represent the ward as might hereafter be upon the Sewers Committee would endeavour to make same regulation whereby the stench from the gullies, which now escaped into the , might be earned by pipes above the houses, where it could do no harm. (A laugh.) The unease would he nothing as compared with that of deodurising the whole of the merge, which hod been talked about. They had heard a pleat dad about corporation reform, and each of the gentlemen who hal been that day elected had said that he was Is favour of corporation reform, but they had not all stated that they would like to see it carried out. (" Oh, oh.") They bad not heard a word about their desire to put ea end ti the eating and drinking which was now carried on to such an extent in the corporation, and about which' evidence had been given elsewhere. It would seem that this was the great object which gentlemen had in view when they offered themselves as candidates for corporate duties, fur they found that those committees and those duties which afforded the largest amount of good eating and drinking were always most sought after and the best attended. (Cries of " Order.") It appeared by the evidence to which ho had alluded, that 4,0001. a year of the corpo rate funds were spent in this way. (Cries of " Order" and "chair.") Mr. Alderman CHALLIS said his friend (Mr. Breeee) had been misinformed as to the facts; but even if it were not so, this war not the proper time to discus the subject. It should be recollected that the evidence only on one side bad yet been taken by the commissioners. They had not heard the answer which the corporation was prepared to give. When the corporation commission was first ap pointed Mr. Cornwall Lewis wrote to him (the alderman), asking whether the course proposed of taking all the evidence against the corporation would be objected to; and although he felt that some prejudice might arise in the public mind from a number of ex pane statements being made public and remaining for a considerable period unan swered, yet it was thought upon the whole advisable that the whole case against the Corporation should be laid before the commissioners beton they were called upon to answer any of the evidence. Of the reckless statements which had been made in the course of that evidence they were aware. In one lotuses • gentleman stated that 8,000/. had been expended for a particular purpose, whereas it turned out that the actual amount was only 5001 Such was the way to which the evidence against the Corporation had been got up. Then with regard to the attendance of the members et the Common Council on the different committees. It had been suggested that each member should for the future naive a guinea for each attendance, in the same way as the directors and managers were paid in public companies for their attendance at board meetings. HeL bad in his possession a paper showing the number of attend aces given by the several members of the Common Council on committee humane, and be found that all they received—that was the total sum expended for cons- Minn dinners—did not amount to 6d. an hour to each Member who attended. (Hear, hear.) And when the salve of a commercial man's time was °moldered, and how easy it was for any man of any station in the City to have his mune placed upon the direction of public companies (he' himself had at least forty opportunities of this kind) where he would get from one to four guineas for an hour's attend sage, they could well understand why persons who were described as merchants were reluctant to take *Mee in the corpora'ion. (Hear, hen.) Its had himself entered the corporation as a reformer, end he was still • reformer, anions as he had ever been to abolish every abuse that aniseed. But what he feared was, that the exaggerated elellements which had been made before the oommasionen (especially by one person, who had gene to the commission without much character, and had come away with as little) might tent rather to perpetuate than remove abuses. One great source of evil at present was the narrowness of the constituency, and that he was desirous of seeing remedied. (Hem) It had been endeavoured to be shown that the elected meeistrates were lees *Menai than those nominated by the crown, and one gentlenian, himself a magistrate, had mimed to the small number of pinata committed by the City magistrates, an compared with the number committed by himself, but the efficiency of the magistrate was best shown by the number of coueictione, and it appeared that while of the committals by the gentleman referred to, only 60 per cent. resulted in convistoina, of the committals by the City magistrates only 10 pet cent. resulted in acquittaG. lie was desirous of re leasing the corporation, but not of destroying it, and he advised his fellow-citimnis to pause ere they consented to give out of their own hands the right of thong their own work. (Hear, hem. The usual f ormal Lein's* was then transacted, and a vote of thanks baring been passed in favour of the worthy alderman who presided, the court broke up. CRIPPLEGATE WITHIN. At the wardmote of this ward held yesterday (Mr. Alderman CMALLIO presiding) the following gentle men were nontinat.d fur Common Councilmen by the pre c.aets, and unanimously elected by the wardmote —Mr. IT Hoot., Mr. B. E. Brown, Mr. D. Dewar, Mi. ft. Thwarter, Hr. H. Lloyd, Hr. J. Parker, and Mr. B. Spils bury. Ihe last alined gentleman was elected to supply the vacuity crest. ..I by the resignation of Mr. Benntich. The saltiest men and other ward offiesirs for the ensuing Cut were then cleat d, and the waromote broke up, after vote of thanes to the presiding alderman. FA RRINGDON WITHIN. In this ward Alderman Kelly presided; and the fol.uwiag diadem's were elected, yrs., Dspety Ennieten,De platy Holt, Mown. Virtu*, M'Laueblem, Blake, B.S. Phillip, Morris, Young, M'Ortitor, C. Phillips, Nicholson, Heaps, W. S. Wheeler, and Kelday. Mr. Deputy Bagleton said it would be the desire u well u the duty of himself and his colleagues to advocate the wishes of the ward in all municipal matters. This would be particularly the case with respect to the widening of their thoroughfares rendered so imperatively necessary by the great increase of traffic. Such a step would greatly facilitate their business tunne -1 tions, would do much to improve the sanitary csadition of the city, and would be the means of bringing within it more of that class of peruse whom they desired to see in the city. (Hear bear.) Mr. Eagleton concluded by thanking the ward on behalf of his colleagues for the honour it had done them. A number of complimentary votes having been passed, the wudiaote adjourned. THE EXPRESS, THURSDAY EVENING, DECEMBER 22, 1853 PORTSOKEN. The customary wardmote was held yesterday for the election of corporate officers for this ward. Alderman Moos presided. The old members were returned, namely, Deputy Christie, Mr. J. It. Thomson, Mr. John Anais, Mr. G. Vile, Mr. W. Raymond, Mr. F. C. Hayward, Mr. J. Venable., and Mr. J. Davis. The usual business was transacted, and, after a brief sitting, the wardmote termi nated. TOWER. The election of common councilmen for the above named ward was held yesterday in Reven-court, Seething lane. Alderman Finals presided. The usual formal busi ness having been gone through, the election of common councilmen for the ward was proceeded with. The old members, namely, Mr. Deputy Briggs, Mr. Lawrence Red head, Mr. George Aitchevon, Mr. Thomas Turnbull, Mr. Thomas Barkley, Mr. Nichols, Nissen, Mr. Thomas S:d , airy Smith, and Mr. James Cornell, were severally re turned by the unanimous voice of the wardmote. The several re-elected members returned thanks fur the renewed honour conferred upon them, and in the course of the ad dresses they delivered they made frequent references to the Corporate Commission at present sitting. In several instances the parties stated that the evidence already given against the corporation was by far too highly coloured, the speakers having no doubt but that the alterations which might be suggested would be found to be improv..ments rendered necessary by the lapse of years. The Alderman having re-appointed his deputy, Mr. Briggs, for the year ensuing, called the attention of the wardmote to the obstrue tion of the streets in the ward by the increase of traffic. Mr. Howell said that in introducing this important subject to the wardmote he would not inflict upon them every long speech, the resolution which he was about to make (which will he ' I found in our advertising columns) embodying the main points he had in view upon the subject. He would suggest that a new street might be formed from the wider part of Feneharch-street by Gracechurch-street, clearing sway part of Rood-lane, and thus forming • much more con venient outlet to the West-laid and London bridge. He was well aware that the alderman (Finnic) was very anxious about the requisite improvements in this respect, and knowing that such was the g I feeling in the ward, he moved with pl he resolution. (Cheers.) The motion having been seconded, and concurred in by the alderman, was put, and unanimously carried.—Mr. Howell then proposed a vote of thanks to Thomas Q. Finnia,'EPq., the alderman of the ward.—The worthy Alderman replied. Thanks to the deputy, and the other members of the Court of Common Council having been given, suitable replies were made, after which the resolutions were ordered to be advertised in the morning joarnals, and then the wardmote was dimo:ved. WALBROOK. Alderman and Sheriff Wire presided. The pro needings were of a very Rimini and formal character. Mr. Deputy Watkins having =pressed hie intention of retiring from representing the ward, the precinct had nominated Mr. Fry in his stead. The members this year are there fore Mr. Ford Hale, Mr. Rowlay, Mr Conder (deputy), Mr. Murrell, Mr. Dawson, and Mr. T. Fry. (new member). Mr. Travers then moved a special vote cot thanks to Mr. Watkins, the late deputy, on his retirement from the ward, after 30 year.' service, and also moved that a subscription should be opened is the ward for presenting him with a suitable testimonial for those services. He (Mr. Travers) himself would undertake to collect subscriptions, and he knew that Mr. Smith and Baron Rothschild would wil lingly act as part of the committee to carry out the resolu tion. Mr. Depot, Conder seconded the resolution, which was carried with acclamation. Mr. Deputy Watkins then returned thanks, and some other business having been despatched, a vote of thanks was passed to the Alderman. The emanate then separated. DRAINAGE OF THE THAMES MARSHES. Yesterday a meeting was held at the Bridge House Hotel, London-bridge, to receive the report of the COM nines appointed at a previous meeting held on the Ist of November, and to consider what steps should be taken, with a view to the thorough drainage et the marshes on both aides of the Thames from London to (at least) the Nore. The chair was takea by Sir Culling E. Eardley, and the room was filled. The CHAIILICL24 said that the committee had ascertained some very import►nt facts, and had received communications . . from various medical gentlemen in London and its vicinity. They had had an interview with Lord Palmerton, who entered very largely into the measures required for the drainage of the manhea, and be (Sir C. Etudley) felt bound to bear testimony to the truly business-like in which the noble lord bad entertained the subject. (Hear hear.) He had then, he said, a bill in preparation for the drainage of the metropolis, end he felt very much disposed to make that bi.l applicable to the suburban districts also. (Hear, hear.) The marshes of the river Thames were ex ceedingly valuable land; they produced a great amount of strew ; and he (the chairman) had no doubt that if cleared of the water they would be as capable of being used for garden ground as any in Battersea. (Hear, hear.) Mr. W. H. CLIFTON (Secretary of the Board of Drainage in Essex) then read the report of the committee. It stated that of the district between Woolwich and Erith about one eighteenth part of the marsh consisted of open ditches which in many cases had not been cleaned out for a length of time ; that the general character of Wuolwich and its neighbourhood was iedieative of malarious influence, the cameo( relapse of ague in one year (1817) being estimated at no fewer than 8,000 ; that such diseases were especially prevalent in the Arsenal district and in Plumsteml ; and that ia the opinion of Profane Airey and other gentlemen the marsh landa were in a great measure the cause of the London fogs. Mr. W. Corron (late governor of the Bank of England) moved that the report he printed and circulated. It seemed that nothing could be done without the consent of three-fourths of the proprietors; but why should not the marshes of London be drained as well as those of Lincoln shire? (lieu, hear.) If they did not bring on disease itself they produced those illnesses which ultimately ceded in i cholera. All that was required was to have better sluices at the lower end, and the marshes.would.drain them selves. The Rev. W. ACWORTit (vicar of Plumstead) thought that when the subject came to be more fully known to the public, they would imperiously demand something to be done. (Hear, hear.) (The rev. gentleman then read a number of letters from primes residing in the neighbour hood of the marshes, all of whom gave instances of the dreadful effects upon the health of the population arising from their present condi ion.) When he best went to Plum stead he was told that if he wished to keep off the fever be must drink two or three glasses of port wine • day, and as the labouring dames could not get wine they drank gin. (Hear, hear.) The resolution was carried unanimously. Mr. J. HINSHAW (of Erithj proposed, and Mr. SWAN LAND, of Crayford, seconded, that a subscription be entered into, which was agreed to. J. M'Otienoit, Erq., M.P., chairman of the South- Eastern Railway, had only to echo what bad already been said by their chairman. The marshes were a disgrace to those who had charge of them, and he was certain that in any measure they proposed they would have the support of Lord Palmerston, whether in or out of office. (Hear, bear.) Every medical man, without exception, had Oven his testimony to the bad state of the marshes. The hon. gentleman concluded by moving that the thanks of the ' meeting be presented to Lord Palmerston. (Hear, hear.) Dr. J. Hotline, of Worlwicb, had himself been suffering ' from an attack of fever, arising from those marshes, which fever returned regularly every sprir.g. He thought the government bad a direct interest in the question, because of their soldiers. (Hear, hear.) Ile heartily seconded the resolution. Mr. SOCTII, Late President of the College of Surgeons, supported the resolution, which was carried unanimously. Mr. M. W. HALL HAUE, of Wennington, Essex, moved that the present committee be continued, with power to add • to their number. Th.. Rev. H. Bnows, Rector of Woolwich, seconded the etiolation, which ass carried, as was also a vote of thanks to the chairman. f The meeting they broke up. REPRESENTATION OF SOUTH STAFFORDiIIIRE.— Lord I`.get has issued hie address to the electors. Ile says :—" If elected, I shall give my medial support to a liberal policy of government. I entirely approved of these gnat and bent ficial changes recently introduced into the commercial affairs of this kingdom. I shall feel it to be my duty to advocate the extension of the principles of free trade, and to forward every other measure caleutited to ' secure the comfort and well-being of the industrious classes, whether engaged in agriculture or trade. lam firmly am "faced of the necessity of a well-oonsiderel measure of reform, and with respect to the measure of parliamentary reform promised by her Majesty's ministers, I hope that it will extend the buts of the elective franchise, diminish as far as possible the system of private nomination of men ' hers, put an end to corrupt practices at elections, and thereby enlarge and strengthen the ancient foundations of the constitution, in accordance with the interests and opi nions of the people." Tile lies( DIGGINGS.—One day last week, as Mr. Detevan, f irenerly in the coast guard service, was Walk- Wig near Crose gate, near Mr. Bigg's (Arm, Minster, Sheppy, he saw something glittering on the ground; he picked it up, and found it to be a nugget of gold.attached to a stone, which he old tot U.—Soulit East, rid, unities. EAST INDIA HOUSE. The quarterly general court of proprietors sru held yesterday at the India House. The court was very thinly attended. The Chairman (Ruses!, ELLICE, Esq.) having taken the chair, the minutes of the former court were read ; after which, RZSIONATION OP SIR C. NAPIIII. Mr. M. CL;iii - 1110 .- Vta for copies of nay opinion en. pressed by the late Duke of Wellington respecting the causes which had led to Sir C. Napier's resignation ; also for any parer in the possession of the court which might throw light on the state of barrack accommodation through oat Bengal. The CHAIRMAN would willingly lay all papers connected with the subject before the court, inclusive of the memoran dum of the Doke of Wellington. Mr. LZWIN hoped that all the documents would be pro duced, and not merely those which told against an officer who had rendered such important services to the country as the late Sir C. Napier. DISMISSAL WERE BUDDER JUDGES AT BOMBAY. ----- Hr. Lewis was proceeding with his motion fur the pro duction of all the papers connected with the disminal of the Sudder judges at Bombay, when The CHAIRMAN informed the hon. proprietor that it was the intention of the court to grant the papers. Perhaps this early intimation might gave the hon. proprietor the trouble of addressing the court at length. Hr. Lewis said that the production of the papers being hi. object it would not be necessary to trouble the court further on that occasion. He reserved, however, the right of mvking a motion on the subject when the papers had been produced. THE NEW COURT. Dr. Drarrta uked whether tieprese at court intended to make the selection of fifteen elected members of the new court without icy further consultation of the wishes of the general body of proprietors. lie considered that the court might be relieved of a very invidious duty by an application to parliament to amend the appointing clause. The CHAIRMAN said that t►ey were coerced by the act of parliament, and had no alternative. The court was then dismissed. CANADA COMPANY. Yesterday a half-yearly general court of proprietors was heltrat the company's house, St. Helen's-place, Bishops gate-street, fur the pavan of determining on • dividend, Mr. C. FRANKS, the governor, in the chair. The CHAIRMAN, after stating that the company still pos sessed 840,000 acres of land uneisposed*of, proceeded to lay before the meeting a comparative statement of the receipts in Canada in the year ending December 18,52, and in the year ending 1853. The purchase money in 1862 was, he said, 16,7001. ; to 1853, it was 43,2001, being an increase of 26,4001. Under the head of bills receivable and interest on old instalments, there was received in 1852 15,9001.; in 1853, 26,9001., being au increase of 10,000/. The rents in 18.52 amounted to 14,4001.; in 1853, to 2 , 5,2001., being an increase of 10,8001. For transfer fees there was received in 1852 3001.; in 1853, 3401. The timber cut in 1852 realised 5001.; in 1863, 1,5001., being an increase of 1,0001. The advances repaid in 1852 amounted to 3,0001. ; in 1863, to 2,4001. This was the only head under which there war a diminution, and it arose from the satisfactory circumstance that the advances had been reduced previously, and that consequently there was so much less to be got in. The total result of the receipts in the two years was u follows : —ln the year ending Dee. 2, 1852, the gross amount re ceived was 93,8361. 7s. 2d. ; in the comepondiog year end ing Dee. 2, 1853, it was 61,1491. 7s. 9d. showing an in- Celine in 18.53 of 47,6861. 19s. ed. , s aving made this general statement, he wished to observe that the directors had taken into consideration the resolutions passed at the last general meeting with regard to the future dividends of the company, and the conclusion at which they had arrived was that it was desirable on that occasion to make a tivi dend with reference to the profits of the company which had been made, and with reference also to the time at which it was probable they would be realised. The pro prietors were all aware that a large proportion of the pro fits depended on contracts, and could not be realised till those contracts had been completed. In any dividend which might in future be declared, the state of the com pany's debts and engagements must not be overlooked ; nor must it be forgotten that the profit was net in the na• tun of annual income, but arose from the purchase and resale of an estate of which, when the proceeds were old roatel7 realised, there would be an end of profit. Wishing the dividend to be of as permanent a nature as possible, and regarding it as a kind of terminable dividend, the directors were of opinion that on that occasion they should divide 21. per share. Mr. HIIIRERT inquired what was the amount of the debenture debt? The CHAIRMAN said it had been reduced to 85,2001. On the motion of the Rev. Dr. Srzucr, seconded by Mr. ' WtxxiNswie, it was resolved " That 'division be made of 21. per share, free of income tax, out of the gains and profits of the company, payable on the 10th of January next." Oa the motion of Mr. filitimirr, seconded by Mr. Goon's, a vote of thanks was given to Mr.Widder and Mr. RGbinson for their judicious management of the company's affairs in Canada. The meeting terminated with a vote of thanks to the :hairmaa. NORTH METROPOLITAN RAILWAY. Yesterday a meeting of the representative vestry of St. Pancras was held in the Parish Hall, Camden Town, to receive the report of a deputation, appointed to wait upon Sir B. Ilan, Bart, one of the members for the borough, respecting the interests of the ratepayers as to the formation of the proposed subterranean railway from Bays. water to King's-cross. Mr. B. J. B. WILICHIT was voteti to the chair. F. IizATAY, Esq , county magistrate, presented the re port, which stated that after several interviews with Sir B. Hall, it was agreed, on the suggestion of the hon. baronet, that the interests of the ratepayers should be protected by the introduction into the bill of certain clauses. To this the company have assented. These clauses define the mode in which the works are to be conducted, limiting the space to be taken up at any one tins* and the dis , tepee from the parish and district churches within which stations may be placed. They also empower the vestry and other local boards, to pave and revue the roads at the expense of the company ; and also to keep the same in repair for four years, should the company fail to do the work effectually themselves; a per ventage on the outlay within the parish has been fixed, for the purposes of rating. The report recommends that copies of the clauses shall be left with the vestry cloth, for the perusal of the vestrymen, and coaeludes with a high compliment to Sir B. Hall. for his attention to a matter of deep interest to the public. In nosing the adoption of the report, Mr. Healey said that it wee with great pleasure, he added, that the cordial thanks of the vestry be given to Sir B. Hall, for his zeal and unremitting exertions in fully carry ing out the views and interests of the parish on this oocsaion. . . MT: WAXER seconded the resolution. Mr. DYKI expressed a hope that the vote would be unanimous. It wculd be • mere waste of time, after the sixteen years' experience they had had of Sir B. Hall in parliament, to ay ens word laudatory of the ability mil seal with which the bon. baronet had ever defended their local rights end interests. He (Mr. Dyke) heartily sup- ported the report and vote of thanks'. Mr. ECKETT was strongly of opinion that the report ought not to be adopted without further consideration, and until the clauses alluded to had been laid before the vestry and duly considered by them. It had not been shown that during the progress of excavation that care had been taken for the protection of public convenience. His only desire was that before coming to • decision the vestry should have the best information. Me Prunus suggested that the proposed clauses should be printed and circulated before any decision was come to. Mr Sens=Ex—This would be an injudicious mune. The object of the committee had been to obtain from the company reasonable and beneficial terms for the parish. They had—aided by Sir B. Hall—dome so. Not only were the ratepayers of St. Pancras as well off as Mary'shone, but he believed they were now in a far better position. After some further discussion, the adoption of the report and the resolution were put and carried unanimously. Mr. TI:II,NER moved • vote of thanks to the deputation and the vestry clerk, for their exertions in the above matter. As all appeared to have exerted themselves in the interest of the pariah, it was but just that all should be thanked. . . -- Mr. Boron having seconded the motion, it was unani mously carried, and after the transaction of other business the vestry adjourned, as is usual, over th4l Christmas holidays. A MELANCHOLY OCCURRENCE took place at Turin some nights ago. General Riff*,le Poerio, a Neapolitan, who served many year. in the French army in Africa, and l in the Sardinian army duriag the last campaigns, was seized at M. de Guieoe's (the French minister) soiree with an attack of aponlezy, and little hope is entertained of his recovery. General l'oerio is a brave soldier, a straightfor ward constitutionalist, and ohe of the most respected men in Italy. He is the uncle of the unfortunate Carlo Poetic', who has been so justly called the " Italian Socrates," and whose sufferings in the Neapolitan dungeons, to which he is still confined, were 1.0 pathetically fold by Mr. Gladstone. COUNTERVEIT FLORlNS.—Yesterday morning, not withstanding the apprehension of five persons on Saturday last for attempting to pass counterfeit fiorin• in New Ozferd ioret t, some of the same party paid another visit to that neighbourhood with the same object, at the shops of the new Bazaar. They ha? commenced dealing with a shop girl, who bad some misgivings of its genuineness, which being observed by the female. a p.irt of the gang, she re quested to be allowed to substitute another ; instead of doing so, however, she ran away with the counterfeit coin, and escaped. How SOLDIERS ARE MADE IN ILUSSIA.—Let tern from St. Petersburg state that, on a recent occasion, the Czar, having remarked that the number of men raised among the serfs in the neighbourhood of St. Petersburg was smaller than in any part of his dominions, asked the reason. He was informed that the landowners round St. Petersburg were in the habit of permitting their serfs to take servo:* in the capital on paying a portion of their wages to their masters; so that, in point of fact, the majo rity of those registered in the neighbourhood were actually in the capital. Two days after, the gates of the city were closed, and a regular ramie was made on all the coachmen, footmen, &c., of St. Petersburg, a large proportion of whom were forthwith removed from their good places, gad sent off to the army to fight the Turks. IRELAND. -0- DentiN. DEc. The fury of the gale which raged with so much violence from the east and south east since Saturday evening, subsided yesterday ; but the weather still continues very boisterous, and the ports of Kingstown and Dublin are crowded with craft of all sizes unable to put to sea. The shore about Howth and along that part of the coast is strewn with fragments of wreck, among which are several indications that a ship laden with truit, and other produce of Spain or Portugal, has suffered wreck. The vessel which became a total wreck off Gormanstown turns out to have been the Agnes, of Whitehaven, bound for Dublin with iron ore. Three of the unfortunate crew were rescued yesterday evening, after having been three nights and the greater part of three days without sus tenance in the rigging, from which the remainder of the crew had fallen or been washed away after the first night. The most laudable exertions were made by the Hon. Mr. Preston, Mr. Lentaigne, Mr. H. Hamilton, and other gentlemen of the neighbour hood, as well as by the fishermen of the coast, to save the poor fellows, and a special train was repeatedly given by the Dublin and Drogheda Railwaylmanagtra to convey messages to Dub lin ; but the extreme difficulty of procuring a life-boat frustrated all the efforts made to rescue the crew until last evening. A large collier is ashore off the mouth of the Boyne ; a barque-rigged vessel has been wrecked at Arklowhead ; and at Ballycotton, on the coast of Cork, a Portuguese ship, the Porto Novo, from Terceira to Cork, has become a total wreck, the crew being saved. The case of "Dowling v. Lawler," involving mat ters relating to the late Carlow election, was re sumed yesterday in the Exchequer Nisi Prius Court, and will most probably occupy the court for several days to come. The injunction against the publica tion of the reports pending the trial was taken off yesterday with the consent of the parties. The Cionmel election comes off to day, when Mr. John O'Connell will be returned without opposition. The defeat of the tenant league in the affair is com plete. THE STRIKES IN THE NORTH. The only change in the aspect of the strikes this week is at Wigan, where on Monday morning the manu facturers opened their mills to such of the operatives as were willing to return at the old wages. At Messrs. Eckenley's about 400 workpeople went to work, and about 200 more at Rylarad's mill. At most of the other factories a few operative, went in, and on the whole about 1,000 of the 6,000 on strike resumed work. The trades delegates from other towns, as well as the leaders of the movement in Wigan, were watching the factories from 4 o'clock in the morning, and did not fail to use all the persuasion of which they were masters, and where that did not succeed even threats, to keep back the operatives., or probably more would have gone to work. The mayor of Wigan, the magistrates, sad the police, were astir to prevent intimidatien as much as possible, sad had to take two persons into cus tody. Ou Tuesday and yesterday morning similar efforts were made to p t people going to work, but the autho rities do all they can to protect the operatives. Several other persona hate had to be apprehended by the police for ntimidating the workpeople, but they have continued steadily at work to the present time. The intimidation practised throughout the manufactur ing districts by the leaden of the strikes is loudly com plained of by many of the working people, and is said to be connived at by some of the overlookers, for the parpose of en- forcing subscriptions. The Manchester Guardian, of yester day, gives the following instance of the system at Bury :—On Wednesday last, the 14th instant, a poor widow, with two children, named Betty Walmsley, applied for relief to the Bury board of guardians. Being asked why she had left the mill of Mr. Mitchell, at which the handsgenerally were working, she stated that one Saturday about six weeks ago a young man named John Kay, working in the same shed, came to her and demanded Sd. She said she had no money ; he swore at her, and said she must find it ; she replied that she bad only two looms agait, and had done no work to pay him Bd. for. Ho again swore at her, and said he was not going to stop there ; and that at any rate she must pay next week. On the following Monday her eldest daughter came and worked beside her on other two looms. During this week, those whom she calls the ringleaders resolved to levy 6d. per loom, " to let the Minters see they had a large subscription." On the following Saturday morn ing another collector, named John Shepherd, came to her and asked if she was going to pay. Not having money to buy meat for herself, she determined not to pay and told the collectors so. Kay then came to her and said, " D—n it, we'll turn out against thee." On her return from dinner, several of the hands jeered and laughed as she passed, and John Kay called to the manager, whose name is Greenhalgh, " There's one here will not pay." Green- Italgh said, " have nothing to do with it ;" and asked who would not pay. The p oor widow, finding all else silent, said, " I dare say it's me . " Greenhalgh then said to her, "And wilt to' not pay ?" On this, William Heap said to him, " If you don't make her pay, or turn her off, we'll tura out against her ;" and Kay said they would not have her in the same shed with them tinkle she paid to the strike. Shortly after, Greenhalgh, the manager, sent for her and said, " I want you to pay," and she replied, " I cannot pay. I have nothing to pay with." He rejoined, "I'd rather you paid ;" end she added, "I will not borrow money to pay with, sad I have not enough for myself." She returned to her looms, and found her shuttles gone and the weaveis laughing her to scorn. According to her daughter, John Kay tuck two of them, and soother man the others. The manager (Mr. Greenhalgh) passed her looms while she was lamenting the taking away of her shuttles; but he said nothing to those who had taken them away ; and as she could not go on with her work, she was obliged to leave the mill ; and, to conclude in her own words, " I am out of work, and have nothing for my children, and I am like to come for relief." Another case was brought before the magistrates at Stockport, on Tuesday. Three factory operatives, named Thomas Butterworth, Ralph Hadfield, and Joseph Bowden, were charged with assaulting a fellow workman, name d George Davenport, on the 13th instant. Mr. Hudson, solicitor, appeared on the put of the complainant; and Mr. Johnson, solicitor, of Marple, for the defendants. Mr." Hudson opened the ease at some length, and from his state ment it appeared that the complainant and all the defend. ants worked at the factory of Messrs. Waterhouse and ampson, in Edgeley. Tee complainant had always sub scribed to the Prestoa strike fend, while the levy did not ex ceed 3d. per loom per week; but when the levy was increased to Sd. .per loom he objected to pay that sum. This objec tioe, it seems, gave great offence to the other hands in the mill, and the complainant had been much annoyed in con sequence. On the night of the 13th inst., the complaisant lett his work at the usual hour, and coming out of the mill he was met by the defendants and a mob of other persons, who began to assail him with ablative language, calling him by various opprobrious names, and threatening what they would do " if he did not pay up." They then fol lowed him through the streets, and the defendants and others struck and kicked him repeatedly. He was so much hurt that he had not been able to resume his work since. Before any evidence was given, Mr. Johnson, on behalf of the defendants, admitted that he could net justify their conduct. Before coming into court he had convinced them of the illegality of their proceedings; and u he was sure that neither his friend Mr. Hudson, nor the complainant entertained any vindictive feeling against his clients, he trusted that if they expressedtheir contrition for what had taken place, and, at the same time, gave the magistrates an assurance that the offence shout t not be repeated, the case would be withdrawn upon payment of the costs. After a brief consultation this course was adopted. The Mayor then addressed some suitable remarks to the defendants. The same freedom of thought and action which the defend ants claimed for themselves, they must allow to other per sons. It could not be tolerated that because persons ob jected to pay an involuntary levy made upon them,viulence should be employed to compel the payment. He thought the complainant had snown great lenity to the defendants in not p • g the charge, and he wished it to be under stood that its all such cases where the offence was proved, the parties would be dealt with as severely as the law allowed. Toe defendants having made the necessary apo logy and assured the bench of their future good behaviour, they were discharged on payment of the costs. At the petty sessions at Stalybridge en Monday another case was brought before the magistrates. In this cue four men, named Z icharish Wadsworth, John Greenwood, Joseph Crossland, and Crossland Hill Young, were charged by Mr. Hickey will molesting a female named Ann liar bury, by shouting at her while she was on her way home from her work on the 15th instant. Mr. Mickey was about to state the case, when Mr. Roberts ' who appeared on be half of the prisoners, said he should plead not guil y, bat before the case was entered into he would make ea application to the bench. It was well understood that this Cafe was connected with the question of raising subscriptions for the suppert of the Per tan turn-outs, and he would therefore apply that it might be heard by gentlemen not connected with the cotton trade. He was instructed to make that application, sod he must say he fully concurred with the views taken by his clients.—Mr. Harrison : It cannot be done at this court ; there is only one not connected with the cotton trade.—Mr. Roberts: I'll agree to the postponement of the cue to any time, and produce the parties.—Mr. Harrison: 1 don't iiee who we can get here. It must go to the Hyde or Ashton bench. There is only Mr. Thomas Morrison not connected with the cotton trade her , I think.—Mr. Roberts I will undertake to have them here at any time.—Mr. Harrison : I don't see who we can get ; but I have no feeling in the matter.—Mr. Roberts : We must have magistrates uaconnected with the cotton business.—Mr. Harrison re peated that the cue had better go to the Hyde or Ashton bench ; and several gentlemen were named. Mr. Taylor said Mr. Thomas Harrison had been sent for, and h perhaps, arrived ; but it appeared that be had not. Mr. Taylor then suggested the adjournment of the case until next Monday, when he would endeavour to get some of the gentlemen named. It wu tLeu arranged that Mr. Taylor should let Mr. Roberta know if it was not possth'e to get the gentlemen present to hear the ease. Mr. Roberts be came surety for the attendance of the various defendants, who left the court. When the complainant, Ann Rurbury, left the court, • considerable (1.1. d being collected, several people shouted again, and tau were apprehended by the police, and taken to the police office. It will readily be understood Cram these eases how strikes are supported ; but it must not be supposed that they give any idea of the extent of the system. The instances in which people suffer and make n. eJmphiint, and in which the system is so artfully pursued that it would be difficult to bring the offenders into • court of justice, are much more numerous—probably in the ratio of a hundred to one—and are loudly complained of in almost every mill. MUSIC. WEDNESDAY EVENING CONCERTS. The concert of last evening was composed of some what common materials, and efti.rds little room for cc mark. Mendelssohn's Overture to Melusine, which began the performance, was very imperfectly executed, and produced no effect. The music of A Mideuntmer Diem, being more familiar to the ombestre, was much Letter per formed, especially the Overture and the Wedding March. The pretty duet," Ye spotted si ~kee,••' was very well sung by Miss Messent and Miss Grace Alleyne ; but the chorus of female voices was not only weak, but unsteady. This mimic, however, formed the must satisfactory and interest• ing portion of the concert. Mrs. R. Limpus, a lady hitherto unknown to UP, an b toe cavatina, " Robert, toi qua j'aime," from Robert le is a pleasing manner • Her voice has lute strait,* tut is tuneable, and Ler manner is unaffected. But wby was this operatic air ac companied only by the pianoforte' It was doing great in justice both to the music end the singer. A young pianist, Miss Kate Rogers, made a favourable impression in Mendelssohn't " Rondo hrillente," which she played with considerable neatness of execution, though she has not as yet gained sufficient strength el hand for the vast space of Exeter•hall. Madame Maeda sustained her Ligh repu tation by her performance of the doe aria, " In si barbara &Mapes," from Rossiai's Semiranside. In one word, she sang it mignificeatly. There was then a selection from Balfe's Bohemian Girl, consistiog of the overture; the song " The heart bowed down," bun by Mr. Lawkr ; " I dreamt that I dwelt in marble halls," sung by Miss Mamma ; " Remember me," sung by Mr. Perren ; and the Gipsy chorus. This pretty music, once so intolerably hackneyed, has recovered much of its fresh ness by having been laid aside ; and being well performed, had a very agreeable effect. A pretty,ballad, entitled " The Rose in its Bloom," composed '.y Kr. Praeger, was sung by Madame Amedei, wbo, it is scarcely necessary to say, did it ample justice. Mr. Bon land played a solo on the double bus, and displayed great command of that un wieldy instrument. The rest of the concert consisted of songs and ballads, sung by Miss Meseent, Miss Welts, Miss Alleyne, Mr. Porren, Mr. ',twice, and others—moat Of them very familiar to the public.. ST. MARTIN'S HALL. The Messiah was performed last night in this hall, under the direction of Mr. John Hullah. The solo parts were sung by Madame Webs, Mrs. Lockoy, Mr. Lockey, and Mr. Weiss. The chorus consisted of the members of Mr. liullah's first upper singing school. We need not enter into any criticism upon the manner iu which each part was performed by singers so well known in this popular oratorio ; nor shall we at present make any com parison between the performances of the same work by the three different societies who have announced it for this week. It will suffice, if we state that the manner in which it was executed last night reflects the greatest credit on Mr. Hullah and upon the members of his sroging school, and that the solo performers 'etre seldom heard to more ad vantage. The hall was crowded in every part. POLYTECHNIC INSTITUTION. A very interesting lecture was delivered here yes terday, by Mr. W. Bullock Webster, " On the agricultural advantages of Ireland as a vast field for investment or re sidence." The lecturer commenced:by stating that out of:the twenty millions of acres:of Irish lsud only about two millions of acres are really incapable of cultivation. The soil, gene rally superior to that of England, contains little or no rank clays or pour sand (except on the coast), and is nearly all suited to the growth of grass and root crops, and of wheat to a certain extent. Timber of all hind grows well, while for manure there are plentiful ; supplies of seaweed, carbo nate of lime, bog water, &c. Labour unlimited is to be had at wages as low in some localities as Is. per day for men, 6d. women, and 4d. bays, rising of course on approaching large towns. Fuel, abundantly supplied by the bogs, will be hereafter still more plentifully furnished when the coal fields ars mere fully developed, and the lecturer had no doubt that on ettainiug a greater depth than has yet been reached, coal will be found of as fine a quality as any that is produced in this country. Many other advantages and inducements for agricultural settlers in Ireland were points d out by Mr. Webster, such as the cheapness of land, the facilities for transit afforded by excel lent roads with scarcely any turnpike; canals, and rivers— the finest breeds of sheep and cattle already located in tne country—building materials of al kinds at hand, Sic. With all these advantages added to c fine climate and picturesque scenery within a few hours distance of England, the lecturer expressed his surprise that so many should embark 'their future in the far-off regions of America, Australia, and New Zealand, instead of seeking so profitable, agreeable, and easily available a field as n.ay be found in the sister island. As to the supposed inbczurity of life and property in Ireland (one of the chief deterring causes), the lecturer stated his belief, derived from several years residence, that there is now fully as much security even in the wildest dis tricts of Ireland as in any other locality in the world. To many Ireland would prove attractive on account of the ad vantages it offered ler sporting pursuits, whether bunting, shooting, or fishing, while, even in the remotest localities, some good society is to be found. Mr. Webster dwelt on the great changes which bad lately taken place in the condi- tion of Ireland by the introcuction of railways, improved education, encumbered estates sales, the Dublin Exhibi tion, and the royal visits, and referred to a leading article in the Daily News of yesterdny as illustrating some of the important aspects of Ireland. Some remarkably fine examples of Irish agricultural produce were exhibited, as shown at the Smithfield Cattlu Show, and attracted much attention, as did also some sweetmeat of crochet and lace work made by poor Irish children. At the termination of the lecture, which was listened to with great interest, and received with much applause, Mr. Mechi made seine ob servations complimentary to hlr.Webster, and confirmatory of the general truths enunciated. ?dr. Mechi, himself au Irish landholder, spoke in the highest terms of the capa bilities of the country for agricultural purposes. NAVAL. ADMIRALTY, DEC. 21.—AIVOINTMENTS.—Lieute mute 11. E. Burnish (1853), to the Excellent, gunnery ship at Portsmouth; IL A. Clavering (1847), to the Ragas, 60, screw steam guard-ship, of 450-hone power, at Devomport ; and N. E. B. Turnout (1847), A. V. Varlo, and L. 11. Versturme (1853), to the Cressy, 80, screw steam ship, at Ch►tham. Masten R. Studwell (1810), to the Cressy ; and li. A. Mersin, to the Rosamond, 6, paddle-wheel MAIM sloop, of 280-hone power, at Woolwich. Clerk li. M. Moore (1W), to the Centaur, 6, paddle wheel steam frigate, of 540-horse power, at the Siuth Ann clean station. Second Muter. R. Smith (1846), to the Cyclops, 6, pad dle-wheel steam frgate, of 320-Cures powtr, at Sheerness; S. Winnicott (1850), to the Liatrd, iron paddle-wheel steam 'mad, of 1.50 horse power, m Sheerne.s; and R. E. Jones (1852), to the Borcaucn, 70, guard ship of ordinary, at Chatham. . . blaster'aMaistanta J. Corvey, to the Saracen, brig, at Devonport ; and H. Sutton, to the Sidon, 22, paddle wheel steam frigate, of 360-horse power, at Portsmouth. Boatswain J. Poole to the Cressy. .... . Goaner H. Williams to the ereiay. Carpenter J. Harvey to the Cressy. DEvu:senia, DEC. 21.—The Hecla, Dutch steamer, arrived ,in the Sound yesterday auesaay), from Batavia, bound to Holland. She has carried away her starboard paddle-box in the gale, and has other detects. The Royal George, 120, screw line-of-bsctle ship, Captain Codrington, arrived in the Sound yesterday, from Sheerness, accompa nied by the Sidon, steam frigate. She has been brought round to this port to complete her fitting. The Pike, steam tug, at this port, on account of the inclemency of the weather, took the liberty men belonging to the Hogue out to the Sound on Monday. PLYMOUTH, DEC. 21.—The Peninsula, one of the Lisbon and Vigo Company's vessels, put into this port yesterday afternoon with her bilge pipes choked. She has been taken into Catwater for repairs. Yesterday a screw mem. r arrived here with coals from Cardiff, consigned to Mr. J. Sinters James, being the fir*t occasion of a screw collier coming to this port. THE RUSSI&N SQUADRON IN TILE CHINA SEAs. —The Hamburg News, under date of St. Petersburg, 9th, says Acc9unts from the Russian squadron in the China Seas state that on the Gth of Almost all the vessels of which it is cemposel (the Pallas Innate, Oliwaza cor vette, \Vostok schooner, and the Prince de Blenchikolf, belonging to the Itukso-Acterican Company) assembled in the port of Loid, and sided on the 16th of August for Nanyasaki. On the '.22nd they anchored there, and the crews were received by the Japanese with cordiality. Oa the Ist, the commanding trficer of the squadron sent the Prince de Mencbikoff to Shanghai, to obtain information as to the state of atfAire in Chinn. She arrived there on the Bth September, the day after the place had been taken by the rebels. On the 15th, the Menchikolf sailed to rejain the squadron at Nangazaki." !LAW iintellteence. EQUITY COURTS.—YEsTERDAY. lIPOEE lil LO4ll The court was occupied the whoM day with a part heard case of Ridgway c. Wharton, the arguments in which were net concluded, and as the c ise w ill probably be finished this day we rescue s report. lIA MEV V. TINDAL.-SCCCESSION DUTIES ACT. This case, which is the first that hss arisen under tiro Succession Duties Act,:came before the court some days ago, and the proceedings which then took place were re ported in the Daily News of the :19th instant. The facto then stated are brit fly as follows, A father was entitled as tenant for life to the dividends of a sum of stock in court, and at his death his son was en titled absolutely to the principal. The father,:being desirous to advance his son, won willing to relinquiskto the son his life interest in the stock, and accordingly the father and sou petitioned the court that the fund might be paid to them. In order, however, to provide for the payment of the succession duty upon toe death of the tenant for life, the petitioners proposed to have in court a sum calculated at the rate of 1/. 10e. per cent. upon the fund, the duty itself being only I/. per cent., in order to provide for the contingency of a change in the price of the funds at the time of the death of the tenant for life. Upon this footing the Vice-Chancellor's order was made. Since the making of that order it had bet n intimated to the parties that his Honour wished to speak again upon the matter, and in con sequence Mr. Simpson now spin art don behalf of the parties. The Vice-Chancellor said that as he understood this matter it was thus. A was entitled to the fund for life, and subject to the life estate, B was entitled ahoolu'ely. The parties were both adults and eui juris, soil were therefore clearly entitled to have the fund paid to them. But then cams the Succession l)utyAct which said,where there was an accele ration of a reversionary interest, the duty should he payable only at the time at which it would have been payable if ,such acceleration had not taken place. In another part of the act the Court of Chancery was, with regard to funds under its control, to provide for the payment of the duty when it became payable. Under these clauses he had ordered that a certain sum should be retained in court to satisfy the duty in the present instance. But the art of parliament also contained erne il , iollB authorising the Com missioners of Inland Revenue to compound for the duty, and this had beet' represented on the part of the authori ties. They represented, and on apparently good grounds, that if so small a sum ea 100/. or 1.501. were set apart to answer the future payment of duty, it would not impro bably be lost sight of. The crown would not get it ; the parties would not get it ; in feet, it would be lost—would sink into the suitors' fund and be absorbed. It was, there fore, suggested whether it would not be better, both for the crown and for the parties themselves, that they should avail themselves of the clauses which authorise the comeounding of the duty. The court thought that this suggestion was a very proper one, and had therefore directed the registrar to abstain from drawing up the order until the subject was mentioned to the parties. Counsel would, therefore, he so good as to communicate with their clients, after which the case could be mentioned ..gain. Mr. Simpson said that he would communicate with his cheat. Ile believed, however, that the parties would prefer that the duty should not be compounded. The Vice-Chancellor—Of course the court cannot compel the parties to compound ; but if they do not do so it will have some difficulty in persuading itself that they arc taking a rational s iew of the twitter. His Honour sat this morning, and disposed of three peti tions and other matters remaining %indisposed of yesterday, and rose at twelve o'clock for the Christmas holidays. IMRE vieIIAWANCLI4OII 515 W. rote WOOD. IINENNAX V. PILESTON. • His Honour gave judgment in this case, which has been already many times before the court in different west., and said the main point in this ease, and indeed almost the whole question in dispute between the parties, depends on the conduct of Watson with reference to a transaction by • professing to act as ship's husband, agent, and broker, on behalf of the other part owners, under an agreeuient by which it was stipulated that himself and Preston, who appears, however, to have taken no part in these proceed ings, should be irrevocably ship's husbands, agents, and brokers, the agreement also containing a clause that if the part owners should discover that any act of fraud woe com mitted by them in their position, then, on notice signed by three-fourths of the part owners, that appointment should cease. The questions therefore arc, whether or not, under the circumstances in which the ship Flambe was placed, and with reference to a charter entered into with Messrs. Burns and M'lsor, the coaduct of Watson, by which a commission of 4/. per week was obtained by him, and which confessedly was not communicated to the owner at the time, must be token to be such conduct as to justify giving a notice by which they were displaced; and if that notice was not a valid notice, then whether there has been such fraud as to justify their removal by this court. The facts up to May, 18.33, are not disputed. The question is what conclusion is to be drawn from them ? I have considered the case wholly irrespective of the plaintiffs' evidence, and entirely on that of Watson himself. It is admitted that the defendants had gat a valuable appointment, and intended to get, and were eutitled to get, all the profit that could be got from their position ; and, being entitled, they applied to Burns sad M'lvor to charter the vessel, and on the oth Septem ber, 1852, several letters pass between the parties. Wat er= asked what appeared to Burns and M'lvor as an ex orbitant sum ; and it is not unworthy of remark that in the first proposal—whether suggested by Watson or by Barns and M'lvor, is not very clear and not very import ant—Watson did stipulate that besides the weekly sum to he ,paid for freight, they should pay all excesses. No dinner being then effected further letters pass, the result of which is tans, according to Watson's version, Burns and )[-Ivor distinctly refuse to pay more than 1301. per week as freight, the only other thing important being that during part of that day Watson was in communication with Brennan, who was taking an active part en behalf of the owners, and that he says he mentioned to him that he was engaged in this treaty. What takes place in Barns and 111.1vor's office, according to Watson's evidence, is that, finding them positive in their determination not to give more than 130/. per week, he explained the position in which he stood with his co-owners, and that he Was entitled to commission on gross freight, and should, therefore,' be a loser by taking a charter in the unusual form in which it was proposed to make this, and therefore that they ought to allow him a commission. I do not see what reason that could be to induce Barns and M'lvor to give him a sum as commission which they would not put into the shape of freight. Watson then seems to say that be made out a cal culation of what he should have got as commission, and put it down at 51. per week; that M'lvor said that was too much, and that he should only give 4/. I am bound in justice to Watson to say that M'lvor, though he puts a different colouring upon the whole case, does to some extent corroborate the evidence here given by Watson, inasmuch as he says that Watson did say something about being a loser, and that his state ment of expenses is such as to tally in some degree with Watson',. calculations. Watson's evidence then goes on to say that he agreed that they should give 41. per week. And then a draft charter-party is signed for that sum, and also another instrument, under which Watson is to have 4/. per week. A morn forms' charter-party is drawn tot on the 11th of September, and signed by Watson, end after wards by Brennan. Watson unquestionably dues not men tion this separate agreement at the time, and t'.ings re main is that state till the May following. Therefore, looking to the agreement between Watson and his co owners, the question is whether this arrangement is such an one as Watson could be justified in making in any way ; and if he could, whether it ought not to have been com municated at once to his co-owners. Therefore, the brit question is that which Mr. Holt said was the whole tues tion—what was Watson entitled to under this agreement ? I am not, however, sure that it is the whole question, and that if that we'd determined in Watson's favour that it would he sufficient, because supposing he was entitled to charge them on " gross freight," it must be remembered that that was a thing to be charged in account. And it would be important for them to know that part ..f this had been paid by another party. Oa the other hand, it must be a matter of indetlerence to the charterers whether they paid this sum as freight or commission. His Honour then read the clause of the agreement, which was, in effect, as follows— " that the defendants should be ship's husbands,agents, and brokers at a remuneration of 301. per annum for keeping the ship's books, d per cent, on all charters effected or fur loading the ship on the berth, 2i per cent. on all inward freight;" and a proviso was added that whenever Ira ight was mentioned in the agreement it was to be taken to mean "gross freight and passage money." There fore the charter having been effected in this unusual Corm, by winch the charterers undertake to pay 1301. per week, and to bear all the expenses usually paid by the owners, it can be considered that all that the charterers are to pay may be considered as " gro-s freight," and therefore as the sum on which Watson would he entitled to charge commission. But the difficulty I feel is that the charter party reserves nothing to which the term " gross freight" can apply. For the purpose of explaining this I am referred to the witnesses that have been examined. Now these witnesses say that if there is no agreement, and the charterer pays a large sum either nee ton, or per month, or per year, although all that sum does not go into the bands of the owner, because they would be bound to find many things for the use of the shia, yet tke broker is allowed to charge his commission on the total auto so al lowed by the charterers. That seem to me to be after all very much beside the question here in dispute. It was at tempted to make out a one exceptional cases applicable to the present, hut they all result in this, that certein sums come to the hands of the owners of the vessel beiges that which is strictly freight and tileir commission is charged on them : hut here the sum never does and never can coins to the hands of the owner. There is no arrangement by which 3.1.1v0r is to st :te his expenses, and he rs tuses to do So, And saga that nothing sh .11 ',raw them out of him. Next it was argued that as this custom of charging on gross tr. ight exits, it would be sufficient to show that Watson thought I.e was entitled to this sum, and if so, that it wou d exempt hint from the charge of fraud. But, in fact, I think Watson ,celliS so have bets thoroughly aware fiOm first to last that , i he was Dingo entitled, and therefore he determined to get • the ft.ine advantage in another way. Mr. 11,lt contended that by putting that construction you would be putting the interest Aljtat u, conffiet . t That is an argument that never weighs much with th:i court. The met tuat such may lieu ut.s be the cam., umle: T i