The Express. — London, England, 1851-12-20 00:00:00

THE DUKE OF NEWCASTLE AND HIS TENANTRY. Daring the poet fortnight his Grace the I/uko of /telecastle has been meeting the numerous tenantry of the Cumber estates, Nottinghamshire. upon one of these occasions, dinner being over, after the usu al loyal and national toasts had been duly given and ' , moo red by the company, the duke, in proposing the toast p ro sperity to agriculture,' said—" We arc agreed, I t hi n k, entirely, with respect to the end at which we aim. You desire agricultural prosperity—in my conscience, I be lieve that other cloves in this country also desire it ; and . most undoubtedly the individual who Is now addressing you most, upon all accounts private as well as public, also de sire it. (Cheers.) But I am afraid that we may differ with re spect to the means of attaining this prosperity. I think 0 ,, e great point to be borne in mind by all is, that to secure this cleared prosperity, to whatever other quarter some may look f or help, we most all look:mainly to ourselves. (Loud abscise) These are days of progress, and rely upon it that he who lags behind will not only fail in attaining the d es ired prize, but will estail upon himself a heavy loss." (Applause.) After going over many particulars in which he saw slovenly farming upon his estate, his lordship said— will you forgive me if 1 pause for a moment to inquire what we have lost by protection ? Were se in such uni versal, conetant, undeviating prosperity under protection, that we have a right to say that all the misfortunes which have fallen upon us of late years are entirely attributable to the loss it this great bulwark to our happiness ? Let us look back fee a short time—forgive me if I make any gosinful personal allusions—but tell me if there are not men upon this estate, and it is most grievous to reflect upon it, who for the last 24 years and snore have been in a state Of constant depression, except, perhaps, in one or two occptianal years—men to whom prutection brought no rezity, and who, either from habit, cons itutional list er some other dam, perhaps want of capital, have b ee n going from bad to ROM, through a succession of y ea rs, when they had all the benefit of protection _and who are now upon the very verge of pauperism. But au thine in a higher position, those of greater Intelligence and capital, fare so much better ? Have we ne ver before heard cries of distress similar to those we have listened to during the last two years ? What was the state of things in 1022 ? Perhaps a few among you may remem ber the misfortunes of that year. It is useful to look back to the page of history in these matters. We are wont to dwell so entirely upon the present, without either referring to the part, or looking forward to the future, that we often fail to regard these matters as we ought, in a more philoso- phical point of view. (Cheers.) In its 22, however, there was as great distress ow in any year slue. the repeal of the eon tans. In 183,1—and that Is a period within my own political recollections, for I had then been three years in parliament —there were cries of distress greater than any we have heard more recently. There are farmers without umber who described themselves, before a committee, whose words still exist, as on the very verge of bankruptcy and rein. I was a member of that committee; and the statements made before it by credible men were really appating. lacy prophesied that unless the legislature in teetered, it would be impossible for agriculture to be any tonal cirri. I on, the whule land would he thrown out of Cultivation, and those dependent upon it become burdens to the poor-rates. The legislature, however, did not inter fere is 12141, because there existed already such an amount of proteetioo as absolutely to prohibit the introduction of Loosen curio at the prier." then existing; and they hail no twee to do but to fold their arms and look on. The mis fortunes however, passed away, and prosperity returned. Thew are not solitary instances. It has been, as you easy suppose, nay duty of late to look oser a considerable number of papers coonueeted with the estate, and l have found amour them letters, year after year, from some of the best farmer, written in the most desponding strain, and pro phelong ruin in a way which 1 rejoice that, disheartened as toe tanners have been within the last few months, ere hay, not lately heard equalled. In ISIS, 124 . 29, and the burden of pauperism threatened to base eaten you up. The strenuous exertions, however, of the Poor- Law Conituo-sinners had the effect of arresting the hi en se awl lowering the burden of the poor-rates. A few year, however, alter the passing of the bill, the poor-rates ,Sam increased ; and it is truly within the last hew years, sad since tins repeal of the corn laws, and the increased em pleyment of all classes, that a considerable decrease has taken place in the amount of poor rate, instead of, as be fore, a gradually increasing and accumulatin; burden of pauperism. According to the poor-law returns at the end of has: year there was a reduction of 10 per cent. upon all ea: a s.r, and 11 pet cent. upon all in-door, relief ; and that tele , tem Ivo, I believe, been gradually proceeding up to tl:e pro ent time. (Cheers.) But have we no other in. stars , , s of the depnosseel state of things under the out re strictive systeni ? Were there no Swing riots in 10.30 ? Were wat the threshing machines of the farmers broken to pieces, and Cunt remiss burned down ? I do not attribute these thing* to the corn laws ; but 1 say they existed contempo rantinoly with them, and the corn laws were, consequently, DO security against adversity and pecuniary embarrassment. (Cheers.) I am anxious from these events to deduce the fact of bow little you have lost from the abrogation it these laws. (Cheers.) Well, but now is there not some in ju_stice in maintaining the protective system ? I know this is with some is moot point, and I am cootident that every one present w. add agree that, if convinced that those laws were unjust, the whole question would be at an end. The injustice of these laws is, 1 think, now easily tested. Bor instate's., when you see every other interest in the country thriving—when you see the enormous increase which has taken place in the consumption of all articles of food—you will be ready to admit that there must be some cease for that increase and that prosperity—fur a state of things which has continued riot merely one or two years, but which has gone on increasing from the first commence ment of the free trade system, commencing from 1012 and gradually increasing to the present year, giviug good ground for thinking that torso circumstances 1/.111: some connexion with each other. By imposing additional taxation you did not increase the revenue, while by taking uhf tuxes you in creased it to the extraordinary amount which had taken place. I canuut but think, from the experience before us, that those who advocate a re-imposition of protective duties on the ground of revenue would, by currying out their plan, has inflicting an injustice upon our fellow-countrymen, by again reducing to its former point that power uf con sumption which has conferred such comfort and blessings upon the great mass of the community. (Cheers.) But you are often told that you seek only to obtain from parliament remunerative prices." I believe, gentlemen, that no legislature will ever be able to give " remunerative prices." After what I have said of the state of matters in t ranee, and I might add other places, I think it is impos sible to secure by legislative enactment any such thing. I recollect well the occasion, when I was as staunch a sup porter of the corn laws as any in this MOM, upon which I tint faltered in my opinion on the subject. It was when I first heard a right hon. gentlemen rise in his place in the Dense of Commons, and say that it was the duty of that hone: to continue increased prices to tho agricultural interest; because if this haw, which gave them, were taken away, what security would they have for the comfort and affluence in life of those individuals whose estates were overwhelmed either with family made meat or heavy mortgage s ? (Laughter.) I put that ques tion to en),elt. (Rear. 1 felt it was so untenable an ar gument, one of so se lfish a character, that from that mo ment I resolved again to look into the question, and con sider wh e th e r the other arguments which suppor l ted such a system were nut as bad as that to which I had listened. I need nut say that I wish you all " remunerative prices " foe every article of your produce. It would be far more pleasant to me to congratulate you than condole with you upon your position. (Cheers.) But have you, or rather let me ' we," any right to ask from parliament " re :emanative prices ?" Has no other interest beside the fanning interest suffered upon past occasions ? Certainly they have. What means were taken to secure good prices to the coachowners—a most numerous and influential clams, though, of course not to be compared with the farming in terest, oil the inns:Auction of the railway system? Parliament did not and could nut interfere. Did the legislature Mtn , fete to protect the unfortunate shareholders iu rail ways who have recently suffered such enormous and frightful losses? It certainly did ,not, although moat un doubtedly it was to a great extent the guilty cause of it (Cheer..; Dues the legislature step in to protect the la bourer? • Although, happily, it is not the case in this part of the country, still is it not true that in many parts of England the labourers do not receive " remunerative prices . ' for their labour? But does parliament interfere to protect the labourers of Dorsetshire, and to force the formers of that county to give them remunerative prices? Certainly nut. The doctrines of supply and demand are left there to regulate prices. There are other instances. Do you not recollect the state of the manufecturieg districts a few years ago, when the state of things wee each that we now look upon it with astonishment-- vb. n grass was growing in the streets of Stockport, soh, o the majority of the houses were deserted ? Do you 12.. t recollect the thousands in Paisley , in a state of toe onoie.st wretchedness ? Parliament did not inter ., to *III,. state of thitir, however, has passed away I Male h a s rev i ve d , and with it not merely a return of pro sp rty, but you will find thereramilly accumulating wealth and empluy meat for the whole of the people. (Cheers.) thiat i t w. , then, to despond ? I say you arc not one-half so badly 1,11 they were, and I AM conbdent that, if you bring the •alue amount of energy, self-reliance, vigorous exertioo, ?dicer, and perseverance, Hod in His mercy will protect your interest as He did theirs—(cheers) —and without any "acne , ieterference of the parliament, but through the in tervention of natural causes, will return to you t hat which you have lint. (Cheers.) You would have no cause of alarm u you Lek ca l m ly an d reasona bl y u p on the s ubject, undies wow these misfortunes have dealt with other interests. I re lasulgr when the government took off the import duty:upos !shit and sheep. We were told then that cattle would never k tired in this country ; that the whole would come from the tetnr pastures of holstein, and the breeding of cattle is IS (watery would be at an end. We were toll by mess ✓ial whose wisdom the farmers relied, that they would keel see the price of meat above 3d. per pound. I refer you to the present moment as a contradiction of such ore Mes. (Cheers.) I remember receiving a letter, is IMOI a fanner holding 2,000 acres, who stated at ..„„_ — "", 44 that, greatly as ho deprecated the repeal of the he was still more angry at the repeal of the duty • shev . P. (Laughter.) He gave me frets and figures Mt. that nu sheep could ever after be produced in this t il l_trro 60 low suit be their value in every respect. The Li .. eee would be weeds showing new, for the purpose of ',',7_"`_ l6 if their 'urea fallacy. (Cheers.) The priors of 74 1 sail of wool have, sines the repeal of the duty, been ..u.. 1 "t" 1 4. if not at a very high price, at any rate decid -o: ' , numerative. We had the same prophecies about " 44 a R .• Wc were told by the Duke of Richmond, that lowne.„ ;,, '- w h Z t . i : h l a :r me erc r al w l o o uld wed to not be introduced into this count:Yr grow wool. The duty yea n s taken tiff, sad the moment it was taken off she prices began to improve. The cases of the Nottingham stocking-makers and the Coveatry ribbon-weavers were also similar. They complained of the removal of protective duties, and probably there never was a period when both of those branches of industry were so little distressed as the present. (Cheers.) I do not wish to say one harsh word against my brother landlords ; but I believe they do express to you at some of their meetings, with a view of ob taining those cheers which I cannot anticipate from you, ap prehensions which they do not themselves feel very strongly, and they tell you that the poor land must go out of cultiva tion. Why, since the repeal of the corn law the quantity of poor land which has been inclosed and brought into cul tivation, year by year, has been five times greater than in the years preceding the repeal of the corn laws. What, for instance, is going on in Mansfield Forest ? Is not that being inclosed ? and yet that is poor land. I earnestly hope, and I believe, that the inclasure will amply repay the judicious ex penditure of capital. The whole system of farming has changed and the whole country is in the course of a rapid change for the better. Great reductions have also taken place in other things. The cost of the productions is lessened, the cost of wearing apparel, and indeed every . other article. It cannot cerainly compensate yeti fao yOut class in ten 'patent year, but it does render you able to produce at reduced prices those articles which before cost you fees. or 80s. (Cheers.) I entertain no doubt but that prices are now gradually finding their level. I de not mean to say that prices may not range in future years lower than in past years ; ' but I feel convinced that in finding their level they will attain toe higher point than that at which they have ranged for the last two years. (Cheers.) I believe that by increased consumption going en, that consumption having overtaken the supplies which have overwhelmed you, you will not in future find yourselves in the position in which you have been placed during the lea two years of transition. You not unfrequently beat down your own markets, and thus inflict considerable injury upon yourselves. (Cheers.) Geutlemen, while I have hopes for better times, let me tell you, in all frankness and sin cerity that, as regards my own part in these matters, I have not forgotten that there is a great contest before me. I know the difficulties of the position in which I am placed, nod I hope, by God's blessing, to be able to over come them. (Loud cheers.) I will continue to struggle against all difficulties for the sake of my family, and, furtive me fur saying it, for the sake of you all, awl I should be exceedingly distressed to hand over any portion of you to the care of some other land lord ; hut, if you were to obtain the restoration of protection, I confess I should look with a sorry heart, and with some discouragement upon the course before me. I believe you have gone through the more fiery part of the trial ; and I should look to a certain revulsion as in evitable if the corn laws were restored by any accident. 1 say by accident, because I am certain that, in the present temper of the public mind, with such facts before us as have been developed, and the experience of the last five years, those laws never could be maintained in force. You are now preparing yourselves for this new state of things, gra dually making up your minds and Incoming habituated. If these laws were to be restored, you would certainly revert to your former views and your former reliance upon the legislature, and the time would come again, as in 1846, and you would have again to go through all the Loses which you have already suffered, and everything which is passed would be lost upon you—we should have to begin again, to go through the same difficulties, and at the end of six, seven, or eight years, find ourselves only at the point at which we arc now arrived. (Cheers.) Free trade has, in fact, become uow one of the mainstays of the constitutional liberties of England. (Cheers.) In the course of his reply to the toast of his own health, his Grace observe:—Reference has been made to the mere which I took upon coming to the property. lam anxious to explain my motives for taking such steps. I did, upon the representation of my agent, at once extend the time for the payment of the half year's rents to a later pence'. I have always felt that it was desirable that the tenants should not be called upon—especially upon this estate, while there are so many small holders—to pay their rents until a later period. To call upon them to do so immedi ately after harvest must always be prejudicial to them. The next thing which I had to consider was the state of the rental of the property. I felt some hesitation as to the course which I should pursue. A short time before his death, my father, looking to the circumstances of the times, and to what he knew of the distress of many of his tenants, desired that there should be returned an amount of 10 per cent. That return was made at the rent aught this time last year. When I succeeded I resolved that, as u matter of course, the same return should be made at the following audit. But looking attic question in the abstract light of a general principle, I could tot but feel that the measure was a false one, and Ns which to a certain extent was mischievous, for upon an estate like this, varying in its character, and of which no valuation had been made for the last twenty-eight years, where the value of the farms had greatly altered, I felt that • return of this kind would be at best but • most uneven Wad of justice. In some cases the tenants receiving the ten per cent. did not require it, while to others It was not equi. valent to that sum to which a new valuation would pro- bably reduce the rent. (Cheers.) I felt, therefore, that a revaluation was the course best adapted to suit the circum stances of the case. Having determined upon the course to be taken, the next thing was to consider how to carry it into execution. I was placed in some difficulty with respect to the parties to be employed in making the value tiou. After a little consideration, 1 resolved nut to place it in the hands of the agent of any landlord, not because I A It may distrust as to their impartiality, but bemuse I thought another course to be more satisfactory to you and the public around; for I cannot but feel that in the management of a great estate like this we must look .to the effect upon the mind of those around us, believing that we ought not to be so modest as to suppose that all our acts are shrouded in the obscurity of our own neighbourhouds. I selected accord. ingly Mr. Higgins. a gentleman from the county of Lin coln, who is in every sense of the word a tenant farmer, and identified with the class. (Cheers.) The other gentle man was Mr. Denman, well known to you all as a tenant farmer upon this estate, said therefore one of yourselves. Both these gentlemen arc strong protectionists. 1 felt no doubt whatever of their integrity, and the utmost confi dence in their ability. These gentlemen have proceeded to their task upon a principle which 1 think must meet the approbation of you all. They have bawd their valuation upon the average of the low-priced years, and into which high prices do not enter at all. They have, moreover, mule their valuation not upon supposed or estimated prices, but upon an investigation of the actual prices which you have obtained in the course of those years, in the very markets in which you have sold your corn. I think you will all say that this is fair and equitable, to wards the tenant at least. (Cheers.) There was another point, and upon which alone I expressed any opinion to the valuers ; it was as to whether the valuation should be made for a fixed rent, or a rent fluctuating from year to year, or from time to time, according to the price of the produce of the farm. I am aware that this latter system works well in different parts of ficotlaud, and also in Eng land, but that is in cases where the estates are divided into very large firms, and let to a class of mesa who can sit down and calculate always with an much readiness as any clerk the result of the year's produce. But upon an estate comprising a number of tenants of so small holdings, and where there are many who hold cottage farms, I have no hesitation in expressing my opinion that it should be a fixed rather than a fluctuating rent. Again, I say, looking to the circumstances of the times this was a deci-1 sion favourable to the tenants . ( Cheers .) But you an now, perhaps, impatient to know the results of the valua tion. The draft of the valuation is all that I have yet seen, and it is not, of course, correctly made out, and can not be for two or three months. At the same time the general results are of course made known to me by the draft, and upon that I feel quite competent to state what the results are, as they affect the whole body of the tenantry. I did not announce to you, for obvious reasons, how I in tended to set upon it at the time when the valuation was commenced. The result, then, of the valuation is • reduction of the rent of a large proportion of the farms, and there are some which are raised. The proportion of those which are raised to those which are lowered is small in number, and small in amount also. To me, upon the whole of the valuation, it will be undoubtedly a very considerable loss. My proposal, then, is, as regards all those whose rents have been lowered by the new valuation, to place them immediately upon the lower amount— (cheers)—and having given directions for the valuation at Lady-day last, although your rents have to-day been paid upon the old rent roll, yet at the end of the next half-year, before which time the valuation will be completed, the amount of the reduction made in each case will be made known and settled, and next Lady-day a return will be made to you for the past year, and a diminution for the coming lialf-year—(loud sheen) ; so that, in fact, the new valuation, so far as those farms which are reduced by it ese concerned, will come into operation from Lady-day last. (laud cheers.) Now comes the important point, as to what I should do with respect to those farms the rents of which have been raised by the new valuation. I had, so keg ago us Lady-day last, resolved in my own mind, with- Out communicating it to anybody except to Mr. Hemming, that with respect to any which should be raised, speaking se awall'', I should not take the increased rental. (Cheers.) I vrelmid wiah it to be perfectly understood that there may be wave very rare and trifling exceptions to this resolve, but I wish to guard myself especially against any suppo sition that this resolution has not been literally fulfilled. I decided on this course upon these grounds: had seen quite enough of the estate to be aware that those farms likely to be raised, speaking generally, were those upon which there were the beet farmers ; that the principal in crease in their value had been caused by an outlay of their own skill and industry, and, above alle by their own capital ; and although there would certainly be no violation of ordi nary practice, nothing contrary to law or to custom in so doing, yet I felt that, looking to all the circumstances of this county—looking to the fact that the whole system, as carried on between landlord and tenant in this district, is based upon confidence, that the whole of the tenants upon the estate are without leases, and are tenants from year to year—l felt that it would be but bad encourage ment, and practically unjust to those who bad thus ex pended their capital upon their farms, to make them pay interest upon such capital in the shape of increased rental. (Loud cheers.) Now, let me state that I seek for no consi deration in this matter. I have acted upon my own feelings of what I consider right and just, and I take no merit to myself beyond that which is due to the principle upon which I have endeavoured to act. Now, let me add a hew words as regards the duties which devolve upon you. I hope that those from whom I do not mean to take increased rent will be kind enough to look upon this as an encou ragement to proceed in the investment of further capital upon their farms, and to improve still further their agriculture • and I trust that, before long , they may stand considerably higher than they now do, and that these who stand lower will step into the places which they may vacate. (Cheers.) Upon the other hand, I hope that those whose rents have been lowered by the valuation, and whose THE EXPRESS, SATURDAY EVENING, DECEMBER 20, 1851. rents I propose to reduce accordingly, will not look upon this reduction u a premium on bad fartning. I honestly mane that, to a certain extent, these rents have in many instances been reduced because the tenants have not made those enanions which they should have done—l find several farms la this position. I know it is impossible for them to recover their position without sacrifice upon my part, and I hope they will meet my miens in a corresponding manner, endeavour to alter their position, and to revive their farms. (" Hear," and cheers.) Look at the po sition in which some of these farms will stand if a bad farmer will insist upon going on as heretofore. I have eubmitted to this reduction in the valuation, not because, in many instances, the land is worse, but because they arc content to vegetate upon the land, and really to do nothing more. lam not speaking rashly. There are farms upon the estate which it is not possible, with justice to themselves or other parties, that the present holders can cultivate. There are men with farms of some size who have not stall ' cient stock for &small cottage farm, and occupying perhaps as many acres as those who have got ample stock and good thriving cattle, sheep, fowls, pigs, increasing every year. I wish to impress upon your minds that there are four Dallies to these hareaine. a matter as be tween landlord ancrtenant ; but as landlord lam bound to look to the interests of all these four parties. These par ties are—first, the estate, which ought not to be damaged by your neglect . ; secondly, the tenant, whom the land lord may know is raining himself, and bringing his children, and himself to,the workhouse, by his idleness or want of thrift; thirdly, the lanillotd ; and fourthly, there I is the public; and I say that the latter, which is too often put out of consideration altogether, is a very important party, and greatly interested in the proper cultivation of the soil. We ought not to allow the land of this country to go out of cultivation or to deteriorate, not because it will not pay, but because we will not cultivate it. (Cheers.) Tow, with respect to what I would wish to do in the future, I would wish, so far as drainage works are con cerned, that those very heavy pulls on the capital of the small farm. r, by calling upon him to do such works him self, ought to be spared, and that the farmer should be allowed to turn his capital to other purposes in connexion with the cultivation of the land, im provement of the stock, and other purposes. I believe the right system is for the landlord to take upon himself this work, and charge the tenant five per cent. (Cheers.) I shall arrange with Mr. Hemming shortly to carry out the details of this plan, so tar as my means will allow. (Cheers.) I wish I could carry it out gene rally upon the whole estate at once; but as this cannot be, I shall be ready to confer with any tenant who is ready to exercise his skill, and who has capital for the purpose, upon the principle of my finding the tiles and he the labour. (Cheers.) Another point to which I must refer is the state of the buildings upon the estate. There are some which I cannot contemplate without sorrow, and the more because it is at present utterly impossible for me to put them into that state in which I would wish to see them. I am quite sensible of the want in this respect, and will endeavour to co-operate with the tenants, as far as practicable, in putting them in a position more creditable and more serviceable to that good farming which I run anxious to see adopted. I am not one of those who deprecate altogether the exist ence of u,grectuents between landlords and tenants. I think the prejudice on the subject has arisen very much in conse quence of a wish on the part of some landlords to make what may be called one-sided agreements. I doubt much whether a well-considered and liberal agreement would not in this country and upon this estate be more really advan tageous than any general tenant-right bill which the legis lature could pass. Such an agreement has been drawn up, and lies in the office at present, and if any of you choose to take an opportunity of looking over it, and making any suggestions, which I am most anxious to obtain, they shall be duly and well considered before the agreement is adopted. (Cheers.) I now come to other groat requirements of this estate—the condition of some of the church's upon it is very bad ; there is an almost entire want of schools ; and the state of the cottages is sadly dis creditable. With respect to the schools, I believe there is hardly a district in England of the same extent as this which is so deficient in ths means of education. It is really a crying evil. Not only is there no education for those of the labouring classes, but even the children of the farmers are uneducated, because there are no means by which it is possible for this farmer to send his children six or seven miles daily to a school. There is one school in the centre of the estate, the condition of which is disgraceful, and little or no good is to be derived from it. This is a want to which I have already turned my attention, and I shall not be satisfied till I seo in each village a school capable of containing all the young children in that village, and till another is built near the centre which shall be available for the better duns of the farmers who may desire to send their children to be educated. (Cheers.) In the carrying out of this object I must look to you for due support. It is your vital interest to give it to me. You cannot with to see either your children or those of your labourers growing up in a state of hea thenish ignorance ; and I am confident, when you turn attention to the subject, I shall obtain your co-operation. (Cheers.) The state of the cottages is very had. They are not merely out of repair, but they are so crowded that mo rality and decency are set at detisuice. I ant anxious to I correct this. It is impossible not to feel a pride—l hope a proper pride—in looking round upon this estate, and See ing the length of time which many of the tenants have farmed thew land. It is, indeed, a system of hereditary tenan cics, which has its evils, no doubt, but which certainly tends t o produce great attachment between landlord and tenant- Upon the melancholy occasion upon which you were kind nough to attend last year, 1 felt that I was not contraven ing the will upon which I acted, when I declined the attend ' auee of any trieod or neighbour, however exalted his rank, or kind his feelings ; and yet not only allowed, but invited, the tenantry upon the whole of the estate to attend. Wish ing that the duty should not be performed by hired hands, I asked eight of the oldest of the tenants to carry the pall. Of those who attended, there were two at least whose an cestors and themselves Lail held their farms for 300 years, and I believe that there was not our of the men who could not produce receints for rent fur something like '2OO years, and it is remarkable that the families of the gight cot tage tenants who bore the coffin to the grieve had been on the estate for centuries. This is, I think, a mutter of just pride. I now sit down, thanking you most sincerely teethe kindness you have shown rue, and expressing an earnest hope that I may never meet you except as a friend, and with the mutual sentiments which 1 believe we now feel to- SIR CHARLES NAPIER AND THE MEDI- TERRANEAN COMMAND. Sir Charles Napier has published a correspondence between himself and the Premier, of which the following are the principal portions:— "TO LORD JOHN RUSSELL. " 18, Albemarle-street, April 11. "My Lord,—You finished your not very pleasant letter on the 2.ith of January, 18a, by stating, ' Your brilliant services on the coast of Syria evince the energy and bold ness of your professional character, and will always be re membered by me.' Now, my lord, as it is to be presumed Sir William Parker is not to remain in the Mediterranean all his life, your lordship has an opportunity of re warding 'my brilliant services.' The appointment to the Mediterranean command is, I believe, a Cabinet question, or at all events, it is not made without the con currence of the First Minister of the Crown and Lord' Palmerston. I therefore request your lordship to take my services into consideration, and I venture to say they have not been surpassed by any admiral in the _Vary List. Your lordship is no doabt aware, had I not displayed the ' energy and boldness' you have thought proper to compli ment me upon, that the probability is this country would have been involved in war and our foreign policy over thrown. The time may again come when an experienced and an energetic ottLer may be wanted in the Mediterra nean, and I feel neither my health or energies as yet im paired. Sir Francis Baring thought proper to tell me that he 'doubted my discretion ' —not a very complimentary opinion to be given by a First Lord of the Admiralty to an officer of my standing, but he declined to tell me on what occasion. Could it have been at any period of my services during the war ? They were approved by every admiral and Admiralty I served under. Could at have been when I dethroned the usurper Miguel, and put a constitutional queen on the throne of Portugal ? Could it have been when I upset the Grand Prince of Lebanon, the ally of Mehemet Ali, defeated his son, and drove his troops out of the mountain ? Could it have been when I stormed Sidon and made the garrison prisoners ? Could it have been when I served as second in command at Acre ? Or could it have been when I signed a treaty with Mehemet Ali, which was approved by Lord Palmerston, and all the foreign ministers in London, in opposition to the ministers of the Sultan and all the foreign ministers at Constantinople ? Another word, my lord, and I have done. You disapproved my letters, nevertheless, they have done much good. Many of the evils I pointed out have been remedied, and if my suggestions were attended to there would have been money enough saved in the dock-yards to make it unnecessary for the Chancellor of the Exchequer to lay on a house tax.—l have the honour to remain, your lordship's obedient servant, " CHARLES SANER." To this letter Lord John Russell returoid the following answer: " Downing-street, April 11. "Sir,-1 remember very well the pas.s.ute in my letter of the 2.5 th January, IS,O, to which you allude. Nor have I in any way altered my opinion. The energy and decision evinced by you ou the Man of Syria in ISIO were, I con ceive, among the main causes of the success of the critical interference in which, with other powers of Europe, we were then engaged. The Mediterranean COTLIIIIAIIti is not naw vacant, and Ido not know that it will soon be so. 1 must preserve my opinion quite unfettered till that period arrives, and 1 can only say at present, that when Sir Francis Baring consults me on the subject 1 shall weigh only the merits of the officers who may be eligible to that important appointment." In Septendwr Sir Charles again addressed Lord John ' Russell, and, referring to the intention of Sir Francis Baring to C+,IIIVT the command of the Mediterranean on Rear-Admiral Dunthui, he recapitulated some of his most brilliant services, and concluded as follows:—. Fur these I services, my lord, I was made a commodore and a and got waters from the allied powers, and Sir Robert Stop ! ford was appointed Governor of Greenwich Hospital; he also got foreign orders. Now, my lord, there is no blinking the question; the government were either aware that these successes were owing to my exertions, or they were guilty of very great injustice in not conferring a peerage on tile commander-in-chief, instead of refusing him a baronetcy. When your lordship became Prime Minister I was op pointed to command the Charting squadron, which 1 held for only two years, to the entire satisfaction of the Admi ralty and the government, and when Sir Francis Baring came into office he hauled my flag down. When the squadron was reformed the following year, instead of re appointing me, which was my natural right, the command WAS conferred on nn- late second in command. These are the rewards I have received fur saving a ministry and pre venting • war with France. Compare these services, my lord, us well as my war services, with those of Admiral Hondas. Without meaning any dispa ragement to him, to whose personal merits I ren der full justice, I must be allowed to say he has' not had the opportunely of performing services of equal importance; he hardly ever saw a shut fired, and has not been actually at sea for upwards of 30 years, with the ex ception of going as Sir - William Parker's flag captain to Lisbon, for a few months, upwards of 20 years ago. Ask yourself then if I have not reason to complain of the in tended arrangement. My lord, I feel almost ashamed to speak of myself, but I have no interest with any party. I owe my position to my sword alone, and I cannot believe that the Prime Minister of this country, so famed for jus tice and straightforward conduct, will permit the services I hare performed to the State to go unrewarded." Lord John returned the following reply to this communi cation: " litho, Oct. 4. " Sir,—l have received your letter of the 29th of septcm ber, and considered its contents. lem far (tom disputing the value of your services, but in making the appointment of a successor to Sir William Parker in the Mediterranean command, it all be necessary to choose an officer who shall possess the full confidence of the government as well as of the Board of Admiralty—he must be an officer on whose seeresy and discretion the Queen's ministers can fully rely. I am sorry to say that, notwithstanding your many brilliant exploits, I could n it place in you that implicit confidence which is required.-1 remain, sir, your most obedient ser vant, " Jolly RUSSELL." W y e take the following passages from Sir Charles Napier's rejoinder : " Gedsham Rectory, Oct. 7. "My Lord,—l have received your letter. Had you been as candid in your reply to my first as you are now, your lordship would have saved yourself and me some trouble. Your lordship's present opinion of me and your opinion when I was serving both in Syria and in the Channel are not the same. There was no want of confidence in my 'seems,. and discretion' then ; I must, therefore, conclude you ore now punishing me at the suggestion of the First Lord of the Admiralty for exposing eur defenceless state and wasteful expenditure. Had your lordship read the notes to my letters you would have seen that these abuses are in a great measure corrected. w hen I was last em ployed I enjoyed the entire confidence of that upright and just man, Lord Aucklaiail, and his Board, which 1 shall at a future time take an opportunity of showing; and I venture to say I also enjoyed, and still enjoy, the confidence of Lord Palmerston, and I have no doubt he will tell you so if you ask him. wards each other; and, that at the end of my career, ru or your sons as the care may be, may look upon my memory as that of a landlord who bad not neglected his duty, or acted otheraise than sou to have justly endeared himself to you. ST. PANCRAS AND MARYLEI3ONE FREEHOLD LAND SOCIETV.—On Thursday evening a public meeting, in con nexion with the above society, wa.s held at Mr. Brooks', 171, Tottenham-court-road ; Mr. Eerwood in the chair. Mr. Spong, the secretary, stated that since the commence raent of the society two years ago, 1,700 members hail been enrolled and 2,300 shares subscrbed for. The amount of cash paid in was 10,0001. Six estates had been purchased, two of which bed been allotted, and a third would be dis tributed among 600 members. GREAT FIRE AT A PIANOFORTE MANUFACTORY.— Shortly before three o'clock yesterday morning, the inha bitents of Camden Town and miles far distant were aroused from their beds through an alarm of tire at the extensive establishment of Messrs. Collard and Collard, pianoforte makers, Oval-road, Camden Town. The person who first gave the alarm was an officer of the S division; and so large was the seat of the disaster seen to be, that before the expiration of a quarter of an hour, Superintendent Ferguson, three inspectors, and about 200 constables, were drawn to the scene of destruction, to render assistance. By that time the St. Pancras engine, as also several of the A, B, and C section brigade engines, had arrived, under the direction of Mr. Superintendent Braidwoud, Mr. Staples, foreman of the C district; as also Mr. Conuorton, with the engine of the West of Eugland Company. This powerful force having arrived, every means were resorted to for a supply of water from the street mains, but water could only be supplied for one engine out of ten. The flames spread with uninterrupted fury, and ere the engines could be re moved to the side of the canal, every fluor (four in number), together with their contents, was burning. The most daring zeal was exhibited by the firemen in endeavouring to pre• serve the lower part of the building, but the formation of the interior defeated all their exertions, and ere 4 o'clock had passed the whole pile was one blazing mass, presenting an awful and yet imposing appearance. k rem each window of the six circular floors were emitted huge bodies of flame, while from the roof rose a dense volume of fire and sparks, the whole forming a scene peculiarly striking and grand. There being nothing to preserve of tht flaming pile, the firemen directed their efforts to the adjacent premises, which at times stood in great peril of being fired. After considerable labour the conflagration was arrested, although for several hours the engines were kept in active operation throwing water upon the burning ruins. Some alarm was created for the safety of the lofty blackened charred walls of the building. and in order to prevent accident a sufficient fuze was kept round the pro perty to keep workmen and others out of the reach of danger. The loss attending the conflagation will doubtless reach a considerable amount. Nearly 200 workmen were employed at the factory, and on the floors were many valuable instruments completed and ready for removal, and as many more in course of manufacture—in all perhaps between 200 and 300—the whole of which were consumed. the loss of the workmen's tools will also amount to a serious sum. In the absence of all satisfactory proof as to the cause of the i fire, it is conjectured that some oily cotton waste or rags I may have spontaneously ignited, and thus have led to the disastrous event. 'the firm, we understand, are insured is the West of England, Sc ottish Union, Norwich Union, and two other offices to the extent of 18,0/04. MORE enese OSINIRESES.—A new company has just started on the Surrey side of the water, called the " Union Omnibus Association," for the accommodation of I the inhabitants of Lambeth and the Borough-road. The I company has placed five omnibuses, that run between Lam ' beth-walk and the Bank at the low fare of twopence. They start every ten minutes from the Jolly Gardeners, Lam beth-walk, after eight o'clock in the morning, and proceed along the Borough-road, Stones'-end, to the Bank. They also leave the latter place every ten minutes. They seem to fill very well, and there can be no doubt that the public will patronise them, especially as it is a route which never has been attempted b.fore, and very much wanted by the inhabitants of Lambeth. _ _ The subjoined letter brings the correspondence to a close:— " M•rchietoun, Dec. 10. "My Lord,—l told you in mrlast letter that I should at a future time show you that I enjoyed the full confidence of Lord Auckland and his board. I now beg to send you, not only extracts of letters from Lord Auckland, but also f r om Lords Melville, Mioto, Palmerston, Ponsonhy, Sir Francis Baring, Sir Charles Adam, Sir William Parker, Adninal Dundas, and Mr. Ward, late Secretary of the Admiralty. I have also many others to the same effect much too voluminous for your lordship's perusal. These letters will show your lordship that you are not justified in the opinion you have formed of me. Indeed, my lord. Ido not believe it is your opinion, but only a cloak to cover an act of injustice. In your first letter you told me you ehonld only weigh the merits of the officers eligible for the Mediterranean command. You then thought Admiral Dundas would be a vice -admiral, and you could easily throw me overboard, as not being eligible; but when you decided not to wait till that time, it was necessary to find another excuse to get rid of me, and that was by telling me that I was not to be trusted. I don't dispute, my lord, your right to appoint to the Mediterranean command whom you please; but I dispute your right to damn my proles , atonal reputation by sending me the letter you have done. This is nut the time, my lord, to affront an officer who has rendered some service to his Queen and country, when France, with an army of 400,000 men, is in a blaze. Your lordship is renowned for writing indiscreet epistles, and, as it would be a pity to withhold your last, I shall send it to the press. THE ORIENTAL CAMPANT'S STRAW-PACKET BEN TINCIL, Captain Adam Kellock, arrived at Southampton this morning with the heavy portion of the India mail, which was landed under the charge of Lieut. W. H. Brady, R.N., Admiralty agent. Her dates are :—Malta,Dee. llth; Gibraltar, 15th.. SERMON-LANE RAGGED SCHOOLS.—Yesterday a handsome new edifice which has been erected for these schools was publicly opened by a meeting of the friends of . the undertaking. The institution had its origin in a ragged school commenced some years ago by a city missionary tamed Thompson; and after some vicissitudes it was estab- ! fished in two small rooms in Sermon-lane, Liverpool-road, ' Islington. A committee of ladies and gentlemen WAS then formed to assist in the work, which was carried on so suc cessfully that an intimation was at length received from the sanitary committee to the effect that the number of chil dren must be reduced or larger premises provided. To aid in the latter project a bazaar was act on foot which yielded the handsome sum of 1901. 12s. to which subscriptions were added, making a total of 3021. lls. 9d. A piece of land opposite the temporary schools was procured and cleared of the filthy hovels with which it was covered, and in the room of which the hand some building opened yesterday has been erected, The edifice is externally a pointed structure of brick, with stone dressings. The roof is of good pitch ; and, internally, the timbers are shown with good effect. There is a large up per and lower school, with class rooms and other appen dages ; and, as a whole, the arrangements appear to be as convenient as the appearance of the building is pleasing and picturesque. Its total cost, including the purchase of _Bg/DGE._ site and fittings, has been 5711. 24.11 d., leaving thus a sum -..s.seitMlNED SUICIDE AT LONDON a person o f very of 271/. 111. 2,1. yet to be raised. The accommodation pro- Last evening, shortly after seven o'clock, was o b se rved tided is sufficient for about 259 children, and the average gentlemanly appearance, and attired in black , by a City police. constable looking over the stone work on i attendance hithert9 has been about 120. The meeting last the upper side of the bridge, near the Fishmongers'-hall, I evening was presided over by Mr. John Roden, and was and before the constable could reach the unfortunate man, ! addressed by the nevi. J. Starey and J. N% or, Mr. Charles he ran to the first reco4, where he jumped on to the seat Henry Love!, My. .Anderson (assistant secretary of the and thence precipitated himself into the river. Nothing Ragg t l it rool mon), and W. Thompson, missionarywas seen or heard of him afterwards. • lab) intelligence. mince. His Honour had requested the taxing masters to state to him what was the practice of the office in regard to bills of costs, the taxation of which had not been com pleted. The masters had all certified that in acting upon the orders of 1812 it was the practice to consider that the per tentage was due on so much of the bills as had been taxed, whether the parties took out the certificate or not. IC he were to take a differe it view of the que,tien from this it would be a very great inconvenience to solicitors. , It would then be the duty of the taxing masters to require the whole of the p-r ecntage to be paid in advance on all the bills, and afterwards return the difference. This would be a heavy tax on solicitors. The motion that the taxing master might be ordered to proceed with the taxation with out previou, payuient must, therefore, he dismissed, but without costs. EQUITY COURTS.—YESTERDAY. Savona ma Lonna dome= or Aerial. MOSISON V. MOAT. Lord Justice Lord Cranworth stated the opinion of the court upon this we, which was an appeal against an in junction granted by Vice• Chancellor Sir George Turner, restraining the defendant from selling under the designa tion of " Morison's Medicine" soy medicine manufactured by himself, and also from compounding any medicine ac , cording to the secret stated in the bill to belong to the plaintiff His lordship slid the order of the court had been postponed in order to afford himself an opportunity of examining the evidence upon the main question in the cause—namely, the question by what means the de. fendant had obtained a knowledge of the secret, the use of which it was the object of the in junction to restrain. If this were communicated to him by his father in breach of his contract with the plaintiff's father, the late James Morison, not to divulge it, the in junction ought to be maintained, and the same result ought to follow it it had been acquired by the defendant during the partnership between him and the plaintiff, for be was under a covenant as a partner not to divulge the secret. Now upon examining the evidence he found the balance of testimony upon this question overwhelmingly strong in fa vour of the :plaintiff, and against the defendant. The con sequence was that the injunction would he continued, the plaintiff undertaking to submit to any order the court might make as to damages, in ca se th e injunction should be dissolved at the hearing. Lord Justice Knight Bruce said that probably Vice- Chancellor Sir George Turner might be induced to appoint some day in Hilary term next our the hearing of the cause. Mr. Bethell said the Vice.Cnancellor lead cap :teed him self ready to hear the cause on some day an January next. ATTORNEY-GENERAL v. LORD FINGALL.—MISS HOWARD'S CHARITY.—i N VoItMATION This wit+ an information tiled fur the purpose of carrying into effect the trusts of a dimity instituted at Pinner, by Miss Howard, for the benefit of the widows of poor officers. The Attorney-General, upon having the object of this in formation submitted to him for approval, had objected to sanction it, on the ground that it was unnecessary and im proper. Mr. James, who appeared for the Attorney-General, now moved that thelinformation might be dismissed as against all the defendants. 'Mr. Selwyn and Mr. Palmer, for the defendants, ad mitted that this was the most proper course that could be adopted. Mr. Freeling appeared for the relator, and mid he was in the hands of the Attorney-General, and could not, of course, proceed without his sanction. The A ice-Chancellor then made the order, dismissing the information against all the defendants, without costs, ex cept as to Mr. Lytton Bulltr, one of the trustees of tho charity, whose costs were to be paid by the relator. IN THE MATTER OF CAMERON'S STEAM COAL, AND SWANSEA AND LOCCHOR RAILWAY COMPANY, AND IN THE MATTER OF THE JOINT STOCK COMPANIES WIND• iso-up ACTS. Mama Vica-CtiANczuos Patina. RE THE JOINT BTIICK - iiI;IIIN0-1.3 . LTA AND TOP. LONDON AND BIRMINGHAM EXTENSION, AND NORTH AMPTON, DAVENTET, LEAMINGTON AND WARWICK RAIL WAY COMPANY.-BAY'S CAPE. Upon this motion of appeal, against an order made in November livit by the Mastsr of the Dolls for winding-up the company, no counsel or parties appeared in support of the appeal, whereupon the motion was !truck otf the list, and costs given as of an übaudontil motion. Mr. Daniel and Mr. Cole supported it motion, by way of appeal, from the decision of the Matter making a call of 11. 13s. per share upon the contributories of the above com pany who had signed the subscription contract, of whom those who had paid up the deposit of I/. 7s. Oil. per sharo were to be allowed that sum on account. The call was made, in order to provide funds for payment of the costs of winding-up the company. An order for a call which had been previously made by the Master to provide tar these costs, and souse of the debts of the company, had been discharged on appeal in July last by Vice-Chancellor Knight Bruce, who thought that before the call was made the Master ought to have regard to the circumstauce then alleged to opposition to the call, that the members of tho managing committee were largely indebted to the company. The Master, after reconsidering the matter, had made the call on a class which included Mr. Gay, from which he now appealed. In support of the appeal it was urged that the members of the managing committee had expended 10,0451/. in paying the deposit on it contract Mr a purchase of t h e Warwick and Birmingham Canal and the Warwick and, Napton Canal, a purpose beyond their powers, and consti tuting a misapplication of the funds which that committm was hound to bring back to the assets of the company. Mr. Matins and Mr. Swift, for the official manager; and Mr. C. Purton Cooper and Mr. He Get, for contributories who supported the call , were not heard. The 1, ice-Chancellor thought thin case was distinguish able from '. Hunter's cane" (I Sins. N S., 43-7.), beesuso there it did not appear that the contributory appealing was liable personally to pay any part of the costs fur which the call was made; whereas, in the present case, the appellant had executed the subscription contract, so that there was no doubt as to his legal liability, and the only question was as to the way in which the discretion of the Master had been exercised in enforcing the liability. was a discretion with which the court was reluctant to interfere, and with which it could not interfere without materials from which it might see that the discretion had been im properly exercised. There were no such materials hefore the court on the present occasion. The eontrihuturica had been divided into two classes--those who lad signed :mil those who had not signed the suhscript:on curs ract. The former were clearly legally liable, and noon them the call had been made. It had been said that some among those who formed the managing committee had received large sums, for which they ought to account, before the other contributories were called upon to pay any thing ; and it had been urged that the Master's finding to the effect that little could he expected to he obtained trim proceeding against these contributories, was not warranted by the evidence, for it was said that the evidence only went to show that some of them were not in a condition to pay. There were 1.1 of them now supposing that this was true; with respect to 7 of them, that circumstance might he mufti cleat to warrant the conclusion at which the Master had arrived. It might he said that proceedings ought to be talc% in the first instance against the whole Ii; and, if this were not sufficiently productive, then that it should IN fri/CAted against the seven, and so on, until the while :1140411t should be obtained. It was obvious, however, that this would ho attended with difficulty and delay; whereas, the occasions for which the call was required might be urgent. The wßeiul manager was engaged in defending an artiou on behalf of the company, and in the prosecution of a suit in equity, both proceedings being units rtaken with the sanction of the Master, and both being for the general frenetic of tho contributories—the one Laing undertaken to defend assets, the other to get in assets belonging to the company. It was then said that the call now made was inconsistent with the order of the Vice-Chancellor Knight Bruce made last July. It did not, however, appear to bee so. On that occasion tho Vice-Chancellor was of opinion that r. g tril hail nut been had to the circumstances relating to tic! managing com mittee, unit it hail been referred back to the Master in order that these circumstances might be taken into account. They had now, however, been fully coon:lend by the Master, who hail exercised his discretion with reference to them. Ilk Honour thought that the discretion hatl burn soundly exercised, and that his Honour in refusing to in terfere, was. acting quite in accordance with what had intimdone by his predecessor. If the claim against the managing committee shouldat any future time bo substantiated, the contributories who should pay the pre sent call might be entitled to have a portion of it refunded to them. All the court could at present du was to dismiss the appeal, the official manager taking his costs out of the estate. B.rrtros IN tz N0N.11 . 94101. 11111011 X Two Low, CIIVICIII.LOIL Ir iM LONGrOHD.—LtN PETITION.—COIVY HOLD E , TATE. • This was a petition by the next of kin and adminidrators or the deceased brother of a lunatic, also deceased, praying fur the payment to them of certain sums of money in court. In 1798 same copyhold property in Gloucester was devised to Thomas Longford, the lunatic, by his father, the estate being for the lives of Thomas and his brother George. A sum of about 7001. was paid into court in the time of Lord Eldon as purchase money by Lord Itcdesdale. George Longford died in 1831 (the lunatic having predeceased him), and his representatives now asked for payment to them of the sum of money in court. Mr. Rodwell, who made the application, said that it was made with the consent of the next of kin. The Lord Chancellor remarked that the petitioners de scribed themselves as the executors of the brother of the lunatic. Now the brother predeceased the lunatic, and there was consequently no estate after the death of the latter. however, if all parties consented he saw no objec tion to granting the prayer of the petition. The petition must be amended, and the matter mentioned on another. occasion. L UK THE ST. MARYLTAIONE JOINT STOCK BANKING COMPANY-Ex P %KIP BUSK AND PARKINS. . . These two appeals from orders of the late Vice-Chancellor Knight Bruce, which have been before the court within the last few days, and reported, were this morning resumed. The question is, whether Messrs. Busk and Parkins ought to be included in the list of contributories to the above mentioned company, notwithstanding their having retired from the concern many years back. Mr. Lloyd basing replied, The Lord Chancellor said that he had not much doubt upon the point, but would look through the papers and give his judgment before the court rose for the holidays. Ilatmv o. THE EAST AND WEST INDIt HOCK AND Btu- MINOZIAM J uNcriox RAILWAY COMPANY. Counsel were proceeding with this appeal when the court rose. It involves engineering questions with respect to preservation of lent in crossing the plaintiff's mu:works, of little interest save to those concerned. Ramat nu Marta or roa Mu. COL FELL O. TAILO3-PEENTON C. COLLETT.-COLLETT r. These cases, which arc involved in and dependent one upon another, were heard together. The hearing was com menced on Tuesday, was continued on Wednesday and Thursday, and concluded to-day. The main question involved in them all was as to the validity of a mortgage of 6,0001., subsidiary to which were various others as to the valiity of several MOrtgalit•Q effected on this security. Collett, who was a man in humble circumstances, claimed in right of his wife a fourth part of the sum of 30,3001., which was the subject of a suit in Chan cery, " Collett v. Monte." Being in want of 1,0001. to carry on the suit he applied to the defendant Ker, an attorney, by whom he was introduced to Connop, another di fendatit, us a person who could advance him tliu money. Connop in his turn introduced him to Mr. Finch, another attorney, and also a defendant, who was entitled, so cestui quo trust, to 1.3 acres of building land at Barnes. Finch offered to make an arrangement by which Collett should purchase part of the building land for 6,0011., pay ing fur it by mortgaging his expectancy in the fund in Chancery. This Collett agreed to do, and the land was conveyed to him by Preston, Finch's tru-tee, and Preston then borrowed on this security for 6,0001., 7001. from Mr. Taylor and 2,7001. from Mr. Cockell, out of which sum, advances to the amount of 1,0001. wen: made to Collett. It was contended on the part of Collett that the mortgage of the fund for 6,0001. was void, on the ground that lend ing money to carry on a suit wt.schampetry, and that fraud had been committed against hint with respect to the building land, which was represented to be worth 6,0001., but was in reality only worth 7001. On behalf of the various defendants it was contended that Ker and Connop were mere agents acting for Collett; that Finch merely carried out an arrangement by which both parties were to be benefited—Finch by selling his land, which was alleged to be worth the amount given for it, and Collett by procuring the money; thut Preston was a niece trustee, and that the other parties were innocent mortgagees. The 3laster of the Rolls reserved his judgment. Mr. Morris appeared in support of a similar appeal by another contributory against the same order of the Master, upon which a similar order was made, without argument. COURT OF EXCREQUER—YEsTERDAY. ammo AT KM Paten AT OWILMAILL.--11110AA TAT Loan CHIRP Hseux ANL. :Wk.:Lu. JULIA.. GUEST v. WAHRES.—ACTION TO RECOVER CoMeENSA TIOS Is DAMAGES FOR FALSE bII.4I%ONMEST. Thie was an action to recover compensation in damages for false imprisonment. The circumstances of the case were substantially these: Some time in the year 1510 the defendant, Mr. Warren, a dentist, who resided in George street, Hanover-square, became a party to a deed of ar rangement or partnership with a Mr. Browne, of Putney, Mr. Hail, a solicitor, and a person mined l'arry, to obtain patents for, and to carry out, certain de signs and Inv, a tams which it was believed would prove very lucrative. One of the inventions was a box for envelopes, which Wilt to be made after the model of the Crystal Palace. In order to carry out this speculation it was necessary to ma nufacture a quantity of toots and other imple ments of a costly description, and pr.snises were taken at Brentford with that view. The plain tiff, who was a friend of Mr. Browne, was enguged on the Jth of March in the present year as a clerk on time keeper at the factory, at IL per week ; Browne giving him a written authority to act in that capacity fur one year cer tain. It appeared that some disagreement arose shortly afterwards between the parties to the deed ; and, on thu 12th of April, the defendant gave the plaintiff notice to quit his employment. The plaintiff refused, alleging that ho had a year's engagement front Browne, hut ultimately ;veed to go, if a few days were given him to prepare. The plaintiff then removed all the finished tools from the store-room to the work-shop; and having locked the door, took the key with him. On the night of the 13th of April, Mr. Browne and Mr. 11311 went to the factory, and, on boding the tools locked up in the workshop, opened the window and curried them away in a cab, the plaintiff assisting in removing them to the vehicle. Mr. Browne gave the ,plaintiff a written indemnity for taking away the tools. At an early hour on the morning of Monday, the 11th of April, the defendant came dawn to Brentford, and on finding that the tools were missing called in a pu:ice officer, :and told him to arrest the plain tiff for a burglarious robbery of the premises. The plain tiff remonstrated, alleging that he lid the authority of Mr. Browne far what h : had done, but the defendant said that the plaintiff was his servant and not a servant under any partnership, and that he had been a party to the robbery. The plaintff was then taken to i the station-house, and after several remands was ultimately brought to trial at the Old Bailey, when he WAY discharaed, after the statement of the case for the prosecution, the Re corder stating that the matter was a partnership squabble, and that it would be a waste of time to try the prisoner. During these transactions th, defendant commenced pro ce,dings against Hall, Browne, Parry, and the plaintiff, for a conspiracy, but the indictment was not proceeded with. The plaintiff then brought 'ha present action to recover ' damages tor the alleged false imprisonment. Several witnesses were then called in support of the plain tiff's case, including the plaintiff himself, and they proved the facts we have already stated. Mr. Serjeant Shcc then addressed the jury for the de fendant, and said when they had heard the case, which he should lay before them, they would think that his client was entitled to a verdict. Ile would show that the plaintiff was not the servant of Browne, Parry, or Hall, but that he was the servant of Warren, and of nobody else, and that the _ plaintiff well knew that the property taken away was not their property, but the property of Mr. Warren, who alooo Boom Vien-Cnareczeroa fka It. Knizaanier. had an interest in it. The fact was that Mr. Warren had HALL V. LATIL—PHACTICE OF THE Cover As TO Cosis got connected with needy persons, and that the deed of OF TAIATIoN. partnership , alluded to, although apparently a deed of In this suit 20 bills of Costa had been previously taxed, 1 partnership to all the world, was not in fact I but the taxation had not been completed, nor any certificate a deed of partnership among these persons them taken out. The parties had since agreed to compromise selves. The defendant was the only man of substance of the suit i and, on the 25th of June, 11411, an order was made the party, and he was the person whe had hired the pre in the cause fur the taxation of costs. The taxing master 'nisei, who had engaged the workmen, and who had paid refused to proceed under the order until the fees and per• them. The written engagement which Browne had given tentage on the other bills should be first paid. Mr. to the plaintiff in February, 1851, was altogether unknown Cooper, on behalf of the parties in the suit, admitted that to the defendant, who did not employ him until the month there had been a partial taxation of the farmer bills, but of March. With reference to the deed of partnership, it it had never been completed, nor had any certificate of hail no reference whatever to the manufacture of tools, the taxing master been obtained. It was submitted, under but related to the patenting of the designs, and the subse these circumstances, that the parties were not bound to quent manufacture of the articles. pay the per centaae. In support of the defendant's case, the defendant 2.. Mr. Taylor appeared for the taxing master. many other witnesses were called, and they s ' ea ~ The Vice-Chancellor said it was clear that the taxing the facts stated by Mr. Serjeaut Slice en his a . ~ ':, , masters might require the per centago to be paid in ad- jury. r../ s'. , l - '..,.!‘ At ..' r ~, A ' .,- .0. , i (4-..it7+‘ 'V ;. \ - AT _ . . . lIINAM C. LEWISTON. In this case en injunction had been obtained to restrain the defendant from selling aromatic fuseeg ' in imitation of aromatic fusees manufactured by the plaintiff; and for which the plaintiff has a patent. Mr. Eldertou now stated that the defendant hadcontinued to sell the fuseui nutwitlistaiiding the injunction, and he, therefore, moved that he be cumniitted to prison. l'laintiff's fusee had " 11ynam " printed on them, and oa those which defendant sold the name " Hyman " was printed. The defendant, who is a foreigner, appeared in person, and produced hit passports, from which it appeared that hii Christian name was Hyman, and he stated that be had manufactured fasces, and put his name on them, fur 13 years. The Muter of the Rolls said it was evident, from the manner in which the name " Hyman " was printed on the fuzes s•dd by the defendant, that there was a colourable imitation of those of the plaintiff. However, as the de fendant was a foreigner, and was, perhaps, nut aware of the effect of the injunction, the matter should stand over till Tuesday, in order to give the plaintiff an opportunity to explain to him that he must not infringe upon his right. CONSTABLE V. FALLAN. Mr. Iladdan applied to the cotttiiibring up the de fendant, who was now in custody. Defendant had at ter.ded the court today upon this motion, and on his way home from the court he had been arrested by a writ of . . capias ad satisfacieuilum, issued out of the aurt of Ex chequer. He had beeu taken by the officer to a lock-up house in Cursitor-street, the keeper of which declined to bring him up. The Master of the Rolls made an order for a writ of habeas corpus. Biros. VICCXUANCELLOI 'Emma. MiI..NV.B. v. HAIL/MON.—PATENTS FOR FIRE PROOF Si FP.N. Mr. Rolt (with whom were Mr. Webster and Mr. Haw kins) moved to commit the defendant for the breach of an injunction, which restrained him from making or vending certain fireproof safes on a form and principle which should be an infringement of the plaintiff's patent for the exclusive manufacture of such safes. The principal question was whether the safes sold by the defendant were er were nut an infringement of the plaintiff's patent, or whether the safes were not lawfully made and sold under a subsequent patent, called" Tan's" patent. There wu also a contest upon the affidavits on a coUateralquestion,—whether a par , titular safe which had been sent to the premises of a person named Thomason had been lent or sold to him. „._ The Solicitor-General (with whom was Mr. Shebbeare) appeared for the defendants. The question upon the infringement of the patent ap peared to depend on the effect to be given to the language of the specification of Tann's patent, which stated that the chambers and fissures surrounding the safe were to be filled with ground alum and gypsum, ground and reduced by beat to a state of liquefaction, so that it should emit no steam in case of its being exposed to the strongest heat. The patent of Milner, the plaintiff, on the other hand, was founded on the principle of producing steam from the ma terials with which the chambers were filled when exposed to strong heat, and, by the effect of this moisture, preserv ing the papers or contents of the safe. The case, which occupied the whole day, was adjourned at the rising of the court. I