The Express. — London, England, 1851-12-22 00:00:00

whether he should go to Washington et all. The action of the United States senate in reference to his visit there made his situation far from agreeable, and himself undetermined in his intentions; and Mr. Fillmore was politely informed that circumstances , would govern his future action in regard to visiting Washington, and probably his visit to other places I also. ▪ sa the decision of Europe's destiny. Citizens, ...a as I am wanting some hours of rest—much as 1 have arsl to become familiar With the ground 1 will have to a u pon before 1 enter on business matter. publicly, I mp h it fir a duty of honour not to let escape even this Arm mo ment of your generous welcome without stating A m ply and openly to you what sort of • man I am and ;bat sae the espectatoms end the hopes—what are the MO time which brought me now to your _glorious shores. (ien theses, have to thank the people, Congress, and govern meet, the t'aiteel States for my liberation from catitisity. Haman tongue has no words to express the bliss which I Lit when I —the dowietroilden Hungary's wandering chief ....a a w the glorious flag of the stripes and stars fluttering user m y head—when 1 hest bowed before it with deep re cpmc—ehen I eaw around me the gsllani officers anu tho cr ew of the Mississippi trigate—the most of them the worthird Terteentildlltef ot true American prineles, Americ an greatness, American generosity—and to think that it was sot • mere chance which east the star es/Wed Wither around me, but that it was your protecting wi g _t., know that the United States of America con mann of their glorious telling as well as of their power de clared by this unparalleled set to be resolved to become the protectors of human rights —to see a powerful vessel of Amer ica, ceasing to far Asia to break the chains by which the m ightieet despots of Europe fettered the activity of an (Oki' Magyar, whose very name disturbed the proud se curity of their sleep—to feel restored by such a protection, and us erred a way, to fnelom, and by freeeorn to activity, y ou may well aware of what I have felt, and still feel, at the nosiembrance ot this proud moment of my life. Others spoke y o u acted, sod I was free! You acted, and at this art of yours tyrants trembled ; humanity shouted out with joy: the elowietroddea people of Magyars—the down trod tm, b ut not beiken, raised his head with resolution and wits hope and the baillesery of your stars was greeted by Europe's oppressed nations us the morning star of rising Eb, rty. Now, gentlemen, you roust be aware how booed e. the gratitude must be which I feel for you. You have rewired me to life—beelike restored to activity ; and should my life, by the blessings of the Almighty, still prom. useful t o my fatherland and to humanity, it will be your merit-rat will be your work. Mar you and your glori es. coantry be blessed for it. Europe is tat the very esV of ‘eich immense events, that however fervent my gra nts& br to you, I would wit have felt authorised to cross the Atlantic, at this very time, only for the purpose to ex kihit to you my warm thank*. Humble as I am, Gal, the Almighty, has sete eyed me to represent the cause if humanity before you. My warrant to this capacity is written in the sympathy and co n e lem of 'ill who are op. premed, anal of all who, as your elder brother, the people o f B r it a in, sympathies with the oppressed —my warrant to this capacity is written in the hopes and expectations you base entitled the world to entertain, by liberating no out of my moon, and by restoring me to activity. Bat it has pleased the Almighty to make out of my humble self yet another opportunity for a thing which miy prove • beppy turning point in the des • •a of the world. I bring yen a Motherly greeting trues the people of Great Britain. 1 speak not in an official character, imparted by diplo macy, who•e secrecy is the curs: of the world; but I am the harbinger of the public spirit of the people, which has the right to import a direction to its govern ment, awl which I witnessed, pronouncing itself in the met dee:ball manner, openly—that the people of England, united to youwith enlighteued brotherly love, as it is united in blood -conscious of your strength as it is conscious of its own. h., for ever abandoned every sentiment of irritation and rivalry, and desires the brotherly alliance of the United litotes to secure to every nation the sovereign right to die pew of itself, and to protect the sovereign right ot nations mama the encroaching arrogance of despots, and leagued to you aaainst the league of de spits, to stand together with you, gush:ether to the approaching baptism of European liberty. Now, gentlemenZl have Mated my position. lam • Mramhtforward man. lum a republican. I have avowed It openly in the monarehical—but free England ; and I am happy to state that I have nothing lost by this avowal there I hope I will nut lose here, iu republican America, ov that hankie so, which must be one of the chief qualities of every republic en. So I beg leave frankly and openly to state the folioning points:—First, that I take at to be the duty of honour and principle not to meddle with whatever party question of your own domestic affairs. I claim fur ma , country the right to dispose of its, if, so I am resolved, and must be resolved to resiket the same principle here and everywhere. May others delight in the part of knights-errant fur theories. It is not my ease. 1 am the man of the great principle of the sovereignty of every people to dispose of its own domestic concerns; and I moat a lemnly deny to every foreigner, as to every foreign power, the right to oppose the sovereign faculty. Secondly, I profess, highly and openly, my admiration for the glo rious principle of union, on which stands the mighty pyramid ot your greatness, and upon the basis of which you have grown, in the short period ot 7:1 yearn, to a prodigious giant, the lie ing wonder of the world. And, thirell y,I beg leave frankly to state that my aim is so restore my fatherland to the full enjoyment of that act of the declaration of inds pendi nee, which, being the only rightful existing public law of my nation, can nothing have been lost of its right fuluesa by the violent invasion of foreign Russian arms, and which, therefore, is fully entitled to be recognised by the people of the United States, whose very existence is founded upon a similar declaration of independence. Thus, having expounded my aim, I beg leave to state that I came not to your glorious shores to enjoy a happy rest. I came oat with the intention to gather triumphs of personal distinction, or to be the object of popular shows ; but 1 c erne • humble petitioner in ray country's name os its freely chosen constitutional chief. In a word, I have In other claims than those which tho oppressed prin ciple of freedom has to the aid of victorious liberty. Then I would humbly ask are these claims sufficient to ensute your generous protectors, not to myself, but to the cause of my native land—nut to my native land only, but to the prin ciple of freedom in Europe's continent, of which the inde pendence of Hungary is the indispensable key-stone? if you consider these claims not sufficient to your active and operative sympathy, then let me know at once that the hopes have failed with which Europe's oppressed nations have looked to your great, mighty, and glorious republic—let me know at once the failure of our Lot es, that I may hasten back and tell Europe's oppressed nations Let us tight, forsaken and single-handed, the ' battle Of Leonidas; let us trust to God, to our right, and to our good sword; there is no other help for the oppressed 'ashens on earth." But if your generous republican hearts are animated by the high principle of freedom end of the solidarity in the destinies of humanity—if you have the will, as, to be sure you have the power, to support the Cause of freedom 'Rama the sacriligious league of des potion, then give me wore days of calm reflection to be come acquaiated with the ground upon which I stand—let me take the kind utak:: of some active friends on the moat practical coarse I have to adopt—let me see if there be any preparatory ate pa taken in favour of that cause which I have the honour to represent ; and then let roe have a new opportunity to expound before you my humble requests in a practical way. 1 confidently hope, Mr. Mayor, the corporation and citizens of the empire city will grant me the second opportunity. If this be your generous will, then let me take this for a boon of happier days ; and let me Oil, with a sigh of thanksgiving to the Almighty God, that it is your glorious country which Providence has se , kited to be the pillow of freedom, as it is already the asylum to oppressed humanity. I am told that I will have the high honour to review pour patriotic militia. Oh, Ood! how my heart throbs at the idea to see this gallant army enlisted on the side of freedom against despotism; the world would be free, anti you the saviours of humanity. And why not ? Thew gallant men take part in the mighty demonstration of the day, proving that 1 was right when I said that now adays even the bayonets think. Citizens of New York, it is under your protection that I place the sacred cause of Leedom and independence of Hungary. At one o'clock the procession entered New York. It consisted of twelve regiments of militia, and can containing the Governor and Lieutenant- Governor of the state of New York, senators and representatives in Congress, heads of departments at the state. senators and members of Assembly of the State, officers of the army and navy of the United States, joint special committee of the Common Craw al, the Board of Aldermen, Recorder, City Is*, and District Attorney, and members of the bee. In the streets through which the preemies paned various device s o f we l co me were disOaral. aid O hs enthusiasm of the crowds by which they VIM filled was unbosnded. Koisuth was subsequently preset at a review in the Park, and in the course of the afternoon briefly addressed large assembla _front the bal co ny o f'hi e h o t e l. O n Sunday and MA= Kossuth did not appear in public; but several Mg, were held,to make arrangements for dinners which it is proposed to invite him to, and for the presentation of addresses. Kossuth made a very important reply to the Phi ladelphia deputation on Satnnlay, which that depu tation att em pt e d t o report, but either through blunder or design, omitted the important point rely to the Senate, whi c h will be found below au rodmtim. It is as follows: I must confess that I have received here in New Task loch a manfestation of the sympathy of the people an gives no hope and eonse.ation. still I regard myself invites to this by an act of Congress initiated in the waste. Nowehad I known that in the same plane where I was be viteal, the same body would now decline to bid me a wit mow, I would have thought that I was not a welemmi Foist ; so much the more as the President of th e Mahal Rate. has formally invited the Congress in his nameitge 10 consider what stem are to be taken to receive the ma tar whom he has sent a frigate to Atria, complying with the will of the 'same body in which now a resehies et so further political tendency—the imple resolution to bid ▪ welcome—was withdrawn, on account of an oPposition. Under such 4:immunises I would Live lNl Wished to intrude. In this passage Koesuth places the Senate in a 'try awkward fix ; and to have omitted it from hie reply was like omitting the part of the Prince at bearaark from tho play of is Hamlet." The President's son and private secretary, Nr• P. L l ininre, waited upon Kossuth at the Irving Hose, at half-past 12. Being introduced, Mr. Filhaele ma d ,,ht bad called to pay his respects to the Gomm ur nangsry, now the guest of the city of New Yadr..l "" fuller, the President, would be pleased to me and welcome him nt the seat of government, and ds• sired to know when it was his intention to be in Washington. Kossuth replied that his movements were uncertain, and it was somewhat doubtful Lola llontes remains in New York, and is at a private residence, preferring it to a hotel. Her late agent in France, M. Roux, is also in town. On learning of the departure of the fair danseuse with her new agent by the Humboldt, he set out for Li verpool, and took pa_ssage by the America in search of the fugitive. He arrived hero on Saturday. She had a suit with M. Roux in Paris. By the arrival of the steam-ship, Ohio, at New York,on Sunday, we are in receipt ofsome very impor tant intelligence from Nicaragua. Our correspond ent at San Juan de Nicaragua informs us that on the 19th of November, General Munoz, his officers, and 27 Americans, were captured by General Chamello, and committed to prison. He further states that i before the date of tub letter the whole party were probably shot. The following is from our New Yort corre spondent: NEW YORK, nee. 8. By the recent arrivals at this port from the isth mus, we have some intelligence of interest from South America by the way of Panama. A letter, dated Nov. 24, says that the royal steam-packet Bolivia had arrived there from Valparaiso, with 750,000 dollars and 25 passengers. The Milian papers to the 25th of October are received by this ' steamer. The following is a digest of the news : The rebel army, 13,000 strong, commanded by Carrera and Artea..ta, were met by the government troops, 8.10 strong, at Petorea, about 40 leagues from Santiago, on the 14th inst. They fought for three hours by the Petorea clock, and the result was the total defeat of the former, with a loss of 70 killed and 200 wounded, and 400 prisoners, in cluding 36 officers. Carrera and Artcaga have not been taken. The government army. under Colonel Vidaurre, loot 15 killed and 15 wounded. In Ecuador, the presidency of General Urhina has been unanimously acceptable, and it is prohable that peace will be maintained for some time. Peru is in perfect tranquillity. Bolivia is also in peace, although Congress has not fulfilled the promises with which it began its meetings. By the steamer Ohio, arrived the day before yes terday from San Juan rim Ilavannah, we hove three days' later intelligence. The principal. topic of dis cussion is the firing on the American steamer Pro metheus by the British brig of tear Express. The reception of Kossuth has been magnificent. A gentleman who was present at his various entertain ments in England says those will bear no comparison with the public honours he has received in New York. The call on the ni:iitia and the societies hers was in fact made on the morning of the day on which he was to be received. Had a few days notice been given, the show would have been far more imposing. At least 250,000 people were in the streets ; and while the procession was moving up Broadway, more than three miles in length, he was saluted with continual cheering. Justice compels me to say that there is for some cause or other a strong under-current against Kos suth. It is imputed to his manners, his reserve, to the influence of the ltomish priests. For myself, I have seen nothing more on }kis part than the dis creet reserve of a prudent man who wishes to . understand where he is before he gives his confidence to the bystanders. THE EXPRESS, MONDAY EVENING, DECEMBER 22, 1851. 'Ube Court. WINDSOR, Dec. 20. Her Majesty, Prince Albert, the Prince of Wales, the Princess Royal, and younger mcmben of the Royal Family, left Osborne thin forenoon at 24 minutes before 11, and arrived at the Castle at 2 o'clock. The royal party were attended by the Marchioness of Ely (Lady in Wait ing), the Hon. Miss Stanley and the lion. Miss Byng (Maids of Honour), Major-General Wemyss, Colonel &ni verie, and Lieut.-Col. Iliddulob. A guard of honour fro o the Grenadier Guards, with the band of tho regiment, received her Majesty at the railway station._ The Queen and Prince Albert, and the royal children, walked in the Home Park this afternoon. The Drehernof Kent, the lady in Waiting to her royal highness, and the Baronets de Speth, dined with her Ma jesty this evening. Dn. 21, The Queen and Prince Albert walked in the slopes this morning. Her Majesty, l'rince Albert, the Prince of Wales, the Princess Royal, the ladies and gentlemen of the court and the domestic household, attended divine service this morn- Mg in the private chapel of the Castle. The lion. and Rev. Gerald Wellesley officiated. The Duchess of Kent also attended the service. Despatches were rectived on Saturday at the Colonial office from the Governors of Hong Koos, Ceylon, South Australia, and New Zealand. APFOISTMENTS.—Mr. Greenwood, Q.C., Recorder of Devonport, is appointed Assistant Solicitor to the Trea sury, in the room of J. M. Revell Reynolds, promoted to the chief place in that department. Mr. Augustus Paget, now second paid Attaché to the Embassy at Paris, is promoted to the post of First paid Attachi, of that Embassy, in the room of Mr. Edwardes, appointed Secretary of Legation at Frank fort. Mr. Townsend, who has been for some time employed as a Supernumerary Clerk in the Foreign-office, is appointed to the Clerkship rendered vacant in that office by the retire. ment of Mr. John Bidwell, after 50 years' service. The lion. Hussey C. Vivian is appointed to the Clerkship in the Foreign-office, site Mr. Blackburn, retired on account of bad health. Mr. John Brown is appointed a MeneJer of the Council 01 Grenada.—Obserrer. PRINCE ALBERT has condescended to become a patron of the Royal Polytechnic Institution. canal be toe strongly deprecated. The safety of the mine ought not to be urged for such a dangerous practice. 'On Sunday evening the whole bodies had been recovered. This total number of SIIIITIIIOIII 11 Is, .12 killed snaking a total of 70. Sylvester, the underground steward, is amongst the killed." IRELAND. DUBLIN, DEC. 20. The schism in the Catholic Defence Association is for the present the all-absorbing topic here • and people are impatient to see whether it is to lead: to the absolute dissolution of that body, or whether the breach may yet be patched up by the retirement of the " English" secretary and the substitution of an official "racy of the soil." Some of the most ardent friends of tenant right would be glad enough of the opportunity to get rid of the new agitating society, and to have the field thus left open for their own operations. The Nation treats the election of Mr. Wilberforce as " the symptom of a rooted disease—the sign of a current that leads straight over the fulls of ' ignoble folly and national degradation.'" "There has been an English invasion of Ireland of late," says that organ of Young Irelandism, "steadily advancing from point to point. Englishmen have been raised to positions of influence and authority which in the individual cases seemed commendable, but in the aggregate are not at all encouraging to the growth or existence of that noble nationality which has hitherto been the life and inspiration of the catholic cause. An Englishman will be the president of the catholic university. . . Englishmen will officiate in the sanctuary, aid circulate in society, carrying with them the prejudice of their foreign birth and of their Oxford politics. We say advis,dly that there is seri ous risk that the young Irish priests and students may be made ashamed of that love of Ireland which is the halt of their Jives." Mr. It. Keating, one of the representatives of the county of Waterford, in a letter to Mr. Keogh, M.P., expresses his unqualified concurrence in the protest of the seven Irish mem- tiers, while the Roman catholic primate, Dr. Cullen, espouses the cause of Mr. Wilberforce in a letter ad dressed to the honorary secretaries of the association. The report of the committee appointed at a meet ing held at the Mansion-house on the 21st of August last, to consider the question of promoting direct steam communication between America and an Irish port, has at length published its report in the shape of a pamphlet of a hundred pages. After con sidering the cast in all its bearings, the committee state that— They do not feel themselves warranted in following up the resolution adopted by the public meeting, recommend ing the formation of a joint-stock company, with a capital of half a million, tor the establishment of a transatlantic packet station on our coast. The committee express it as their opinion " that to originate a share list at present for the purpose proposed by the public meeting, without naming a port, would not be a prudent course to adopt ; an.. even if empowered to name a port it miaht only receive a local and not a national support for that purpose, in the present state of public opinion." The committee further state that they "arc of opinion that a steamer of the largest size should be constructed, to he employed for a sufficient Period in a series of voyages between those ports of Ireland and America wicich present the most obviims advantages for pack( t communication ;" and they suzgest that a company .hould be ut once formed for this purpose, with a capital of 150,000 i. Nothing has been heard lately of the probability of Mr. Wagstaff carrying out his project or otherwise ; but it is not thought very likely that his ship, which was to have sailed from New York on the lath inst., has yet commenced her voyage. The Warder states as a certain fact that the com pany which has executed the submarine telegraph between England and France has actually submitted to government a proposal by which they guarantee the completion, within a very limited period, of a similar telegraph between Kingstown and Holyhead. The sole condition they require, says the Warder, is that government will pay them for the exclusive use of two wires, which they propose placing at their disposal, a yearly sum of 1,000/. • APPALLING OCCURRENCE AT HUDDERSFIELD.- Yesterday morning, a little before three o'clock, the neigh bourhood of the King's Mill, near Huddersfield, was roused by as alarm of fire given by a working man named David Berry, who, with his wife and four children, occupied the hack house in a row of housei a little above the New Bridge. He had been awakened from sleep by a sutfoca ting sensation, a strong smell of burning, and au intolerable heat, that arose from the room below. The house WAS composed of two rooms little more than three yards square, viz., a house and chamber, the roof of the chamber being underdrawn close to the slates, and sloping with the roof towards the outer walls. On Thursday, the wife of Berry bad been washing a few clothes for her own family, and some also for a person she had been engaged by, and at night, before *going to bed, she had arranged this clotting on a " winterliedge," or " clothes... horse," in trout of the lire. She had aim placed n portion over the door of the oven, and across the back of a chair. It is supposed that some portion of the clothing had caught fire and ignited the rest, as nearly the whole of the clothing so placed was when seen quite consumed, and the flames and heat had reached every inch of womi i intbe lower room. The units side of the chamber fluor, and the joists on which it rests appcarcd to have been on fire. The chairs, tables, and stools were all charred, as though they had been surrounded for a short time with au intense beat. The chamber door appears to have been closed, for although its outside is considerably charred, the inside seems to be very little the worse ; and in the chamber. but from a hole that lead been knocked through the ...... roof, the broken window, the wet door, aold the - strong smell which always trims from partly consumed wood, no one would form an idea that death had ensued iu it from fire. On awakening, Berry's first impulse seems to have been to rush down stairs to see what was the cause of the heat and smell, and on opening the chamber door, and perceiving dosage of things, he ran out, and gave the alarm to the =rsa, who as soon as possible went to his ce. Some smashed in the window, others mounted to the roof and tors olf the slates, and ethers rushed inside to save those who were in the chamber. Berry's wife and a child about 11 years old were got out alive, but dreadfully scalded from the steam that had ascended to the chamber and much injured by the smoke and noxious gases generated by combustion. Three children who were sleeping on a bed on the door when found were quite dead, and parts of their bodies presented marks similar to those produced by scalding. They were, as soon as possible, conveyed to the Star Inn, Bridge-end, where they await the result of the eoraser's inquiry, and I. ; to - in to on n- ch Ice on or 001 rt pp de, In ,tt ,ti ra t • b th 'a wb ft TO ti of et K est LATEST FOREIGN EXCHANGES. MADRID, Dec. 16.—Three per Cents., 361 ; after Bolsa, 30! to 37. Four per Cents., —. Fire per Cents., 101, ; after Bolsa, 101. Coupons, ; after Boise, 7!,. Passives, ; after Bolsa, c. Bank af St. Ferdinand, 99 p. Exchange on London. 50.60. BERLIN, DEC. 20.—Voluntary Loan, 107. New Loan Four-and-a-Half per Cents., 1601. National Debt, 884. Commercial Marine Society's Premium, 120. Bank Shares, 99. VIENNA, DEC. 20.—Five per Cents. Metalliques, 94. Four-and-a-Half pc: Cents. Nletalliques, 831. Bank blares, 1210. Exchange on London, 12.13. ATTEMPTED MURDER NEAR TEMPLE-BAR.—Tes terday morning, at a quarter past two o'clock, the attention of the polii e was attracted by the noise of • brawl at the corner of Chair-court, Shipyard, Temple liar. Two con stables immediately proceeded to the spot, and found two Me engaged in a desperate stru7gle one of whom sud denly staggered and fell to the groun d, exclaiming, " Oh, my God, lam stabbed!" The policemen immediately se cured his antagonist, and the wounded man was raised from the ground and speedily conveyed to King's College Hos pital, Carey-street, Lincoln's-inn-fields, where he was examined by the house surgeon. It was found that be had sustained three Kiln wounds in the region of the heart, the nature of which precludes the slightest hopes of his recovery ; and he has been since totally unable to give any account of the transaction. The instrument which had been used by his assailant, was band at the place of encounter, and secured by the police. It is a stiletto, with a white handle, and the blade is one foot in length. The point of it was bent, as if it had en sauntered some hard substance. The name of the wounded man is James Quilley, usually residing at No. 1, Caroline sew, Coppice-row, Clerkenwell. Thu accused, who is a person of gentlemanly appearance, was conveyed to Bow street station-house, and on being searched, another knife of s very formidable appearance was found secreted on his person. Ile refused to giro his name, or to furnish any eseount of himself whatever. lie will be examined before the magistrate to-day. DEATH or SHEEN THE INFANTICIDE.—The not°. dous William Sheen, whose murder of a child under air ! astastaaces of unparalleled atrocity, and his own extraor -11 Misery escape from the gallows through a trivial technicality excited universal astonishment, died on Friday morning, at his residence in Kent.street, Spitalfields. It was in the year 1527 that he committed the crime of cutting off the head of a male infant four months old, the illegitimate off- spring el a young woman whom he had married only Ave week. before the murder ; and at his trial he was proved to have deliberately decapitated the child, concealed the body is the bed, ad Owed the head erect on the table, standing up am the Moo. arty am to face the mother when she ea- Mei OM nee The Add, however, had been baptised ' °Was Wißban Berke, the latter being the mother's UMW OM time of Ito birth ; and upon the ebkotisa of Mr. Clubmen, the prisoner's cussed, this deserip tian la the iadrasent was held to be a misnomer, and the Omer wee aorsltted. The life me apsred, however, has show bola •Mr rinerebb sae, sod he be t a am , to ti woo mes, la M Prim ot rho roglibolots • with that le halms bogged, ht glom wry aurae neighbours taunts* lam with Mesreat crime. He brew utterly ferocious, abbiragh rwarMy, and has been many limas Impris one d for acts of violence, brothel keeps g, mad Singes. THIRTY LIVE! LOOT BY SILIPWRECE.—The SO sexed reports of woods lost were allesunced at Lloyd's en Saturday ;--The Aargra pocket ddp Tyendenoga, on bee M Lawton ham Now Task, was orgy lost on the mwaaaS of tho big at Dissrher. es ourbss mks off Cor- Asalsisai The Nal bee of iger and Crew &Med represd to be 27. Two were ran down log Way leg la the Channel on Tu esday sight last. The Thoselors, • hogs Doer barque 600 Isms berthen, bound to Amsterdam. hoes Basavta, Aar MISR o'clock in the whoa some M odes below the Eddystone ' starr ing up Chace d. wee an by the CedeAblan, also a barque, bof thee imamate, Captain Omar, from Kull: blade. dow n wards. By coma misorknooradlog or neglect a his= a "look-out," both nos k rater with _sad with such tremenigne louse that the yell Skid, and went down. The nabs tad saes blow left scarcely sufficient timis to pit rho bar eat the whole of the crew wen saved. TM Co. rollas oesstained very considerable damage; she was sem- CI:ao pat into the first port, and remelted flyers* es y night, with the crew of the sunken vessel on board. she other vessel run down was the Eleanor, bo b:aging to Cardiff. One of the crew was carried down fa her, and unbuffily perished. The collision took plow about tea adios hem Dorman. The remainder of the crew wen resoled by the vessel which came into collision with M ihromee, the brig Milner, belonging to _Hamburg. Oa sight • large vessel, heels board 250 moigreate, rerflremen, bound for New Y wee era ashore ea the Chodwie. A number of Deal Margate =wen pear Illy off the wreak, takingeff is beats. Ton hoerd the YM seßgers, who were brought he yeseel's is sot mentioned. There are three other looses mentiemni I the most serious was that of the Lille, of Liverpool. Mis was found to be on Are on the 2nd inst. in latitude 43-114 longitude O. Nothing could be seen of the crew. i ! FATAL ACCIDENT AT OXFORD.--On Saturday afternoon, Mr. (Mabee, commoner of Exeter College, was accidentally drowned in the Thames. The deceased had been rowing in an outrigger as far as Sandford, and on his return, when just past Iffiey Pound, his boat upset, how or by what means comet be ascertained, as no one saw the aed&at. A preen passing the boat turned upside down, when k• pee an slam, and the body was foead in the coarse of shoat a quarter of an hour. The deceased was the 'sly sea of the Rey. William Wire, vicar of dereanap, Cornwall. DIRECT LONDON AND EXETER RAILWAY.— On Saturday, the Morin is Chancery, Bronchium, made his repor t amlemltf the compromise of the charge calling for an comsat 811,0001. received as deposits, brought on by the allsbl z =n, 'plait the directors of this cool pan em tho at 9001., mots . ineurred in the pro w thh Om% and in imanderation of which it the ehargs4lll M parties will be aban doned. the recovery or weisettled claims against the wormay being referred y the Master to • jurisdiction 69 arratai law. COLLIERY EXPLOSION AT RAWNIARSIL MORE THAN FIFTY LIVES LOST. SATUILDAT AFTTIiNOON. It is our mournful duty to record another colliery explosion —one of the most awful and fatal that has ever taken place in this neighbourhood. It has =omit at Warren Vale pit, at ltawmarsh, two miles from Rother ham, the property of Eari Fitzwiiliam, and worked by Messrs. J. and J. Charlesworth, the lessees of many col lieries in the Yorkshire coal district. Abaut ten minutes before six this morning, Mr. Silvester, the underground stewanl, went into the pit as usual to ex amine the state of the wurkinits. One or two men went down with him, and he was followed shortly afterwards by the whole body of miners employed there. In what state he found the pit is not known, for ho has not been seen again, and it is believed is among those who have pe rished. It appears, however, that he did not find the pit in such a condition as to induce him to stop the work ing, for the men and boys had generally gone down, and everything appeared to bo proceeding in the usual mode. The precise number of men in the pit has not been ascer tained. It is belayed to be not less than i 3. The number of men directly employed by Messrs. Charlesworth was 32, but nearly all them had men and boys employed under them. A few minutes before seven o'clock, the whole neigh bourhood was astounded by an eruption like that of a vol cano from the mouth of the pit. Two corves which were being drawn up out of the pit were projected upwards, and lodged in the gearing over the shaft. A shower of coals, stones, and other matters had been carried high into the air, descended all around the pit.. The persons employed near the pit mouth were compelled to take shelter under the plat tOrm of the tipplers for loading the carts; and it was only by this precaution that they escaped fatal injuries. The country all round the pit was blackened to a distance of three-quarters of a mile by the dust and smoke. As soon as it was possible the damaged gearing of the shaft was repaired, so as to enable men to descend the pit, which is 127 yards deep. By half-past nine fourteen per sons had been got out alive, but all more or less injured. These had been enabled, after the explosion, to make their way to the bottom of the shalt, and avail themselves of the first opportunity of ascending. lip to half-past three there had been extricated 24 persons alive, and 15 dead bodies. Of the living 15 hail happily escaped sufficiently well to be able to render assistance and information. Nine were so severely injured that it is feared several of them cannot re cover, as they Dave not only been dreadfully burned, but sustained fractures and other injures of a dangerous cha racter. Of the killed, the following have been identified—James Purgelove, aged 11; Henry Purselove, aged 12 ; John Hartle John Walton, William Froggatt, John Whyke, alias Barstow, Abraham Thompson, George Sellars, Job. Hartley, I.ldons, William Barnes. Among the dan gerously hurt are—Joseph Bowncs, Bownes, Timothy Tingley, John Harrison, Jonathan Sellars, Abraham Auty, James Oates, all of Itawmarsh ; Eli Barker, of Rose hill; George Linley, of Upper Haugh. The following have been preserved, with but comparatively little injury—Charles Burgin, John James, William Dodson Thomas liague,' l Matthew Hague, Mark Hague, Joseph Dodson, John Shaw, Thomas Shaw, Charles. King, Samuel Peace, Joseph Hob son, Richard Walker, William Harrison, and William Bar raclough. The number still in the pit, there is too much reason to believe, is from thirty to forty, and the terrible conviction prevails that they cannot possibly have survived. The supposed cause of the accident is the fall of a portion of the roof of the pit, stopping the usual current of ven• tilation, liberating • large quantity of find air, and forcing it into the parts where the miners were working with candles. The colliery consists of two o pits deeper pit, orlt.f7 path, works the nine-foot - seam. The other pit, 90 yards deep, works the live-foot scam. These two pits are connected by a shaft through the five.foot seam down to the nine-foot—an air furnace being connected with the shaft of the five-foot pit, so as to create an up draught. The explosion took place in the northern part of the workings of the deeper seam, but communicated by the shaft with the upper seam. Eli liArbcr, with a party of about 16, were working in the southern portion of the mine when the explosion took place. They were hastening to the pit shaft, when they encountered the after-damp, from the effects of which they were found almost insen sible, when James Froggatt and some other colliers de scended and rescued them in amy exhausted state. One of the number, named Joseph Cooper, had actually reached the pit shaft, and had climbed by the conductors a con siderable distance up the shaft. Of the party thus rescued, two were so much injured that they have since died. enumerated above - • - injured, IV, pear together. Of those ....-_______ ........ as seriously . ___ fm. ........e they await the resuse e. see .....---- _ __„ , i , ..- Barraclough, Timothy Tinsley, and Abraham ThOmpeon the mother and remaining child , after being examined by are since dead. Three other dead bodies have been got out Mr. Booth, surgeon, were carried to the Huddersfield In. of the pit since our former account, vis.—John Garnick, firmary, where the aid of the house surgeon was promptly Geo. Hague, and Geo. Knapton. administered , bat the child die d soon alter bein g admitted. SC:IDAY Nu:int.—The *Larch for the bodies of the suf. The fire was speedily extinguished. feren by this dreadful calamity was continued during last VIOLATIONS OF TILE FACTORY ACT.—Mr. Graham, night and to-day. The number of dead bodies recovered sub.inspector of factories under Mr. Leonard Horner, bar itone the pit now amounts to 49. Two or three others yet inr on Friday received intimation that a number of mill remain in, among whom is Thomas Sylvester, the fire- owners in Glossop Dale, Derbyshire, were constantly violet trier. The search has been carried throughout the work- i ng the Factories Act, by working "females and young ingi; and as the bodies of the missing men have not been person?' before six in the morning, and not only beyond found, it ei concluded that they are buried beneath a mass six in the evening, but actually as late as half-past seven of the roof which had fallen in et the northern extremity of o'clock, be proceeded to that neighbourhood in the evening the working, and no doubt was the cause of the explosion. for the p pose of making a personal inspection of the mills. The men who were in the pit at the time, but who escaped He delaye d his arrival purposely till a late hour, fearing without injury, speak most confidently as to the satisfactory that warning would otherwise reach the suspected parties ventilation of the pit previous to the explosion. The follow- in time to enable them to defeat his plans. 14e reached the ing is a correct list of the dead :—Williain Bowness, Joshua first mill at half-past seven o'clock, but found that at that Roberts, Abraham Cooper, Thomas Burgin, Joseph hour the women and young persons had left. He then Bugg, Benjamin Lang, Henry James, Charles Cousins, went to the mill of Mr. John Wood, where more than • Thomas Johnson, Henry Thompson, William Ash. t h ousan d persona are employed, and came upon them in a ton, Henry Ward Thomas Farmer, Abraham Thompson, state of great confusion—numbers of women and William Barraclough, Joseph Frith, James Purseglove, young persons hastily putting on their outer clothes Henry Purseglove, John Hartley, John Walton, William and quitting the rooms at that late hour. He questioned Froggart, John Siddons, John Unrnick, George Sellars, a boy who was evidently under proper age, and .whom he George Kea ton, George Haigh, Thomas Taylor, George found in the middle of a work-room, but the boy was Robinson, Benjamin Walker , Samuel Siddons , James rescued, and whilst attempting to bring this rescue home, to Roberts, William Cooper, Henry Goddard, John Pane- a workman active in it, and to get his name, a body of the glove, John Thompson, John Cooper, Thomas Silvester, working men came up and bore the man away from him. and Thomas Whitehead. There are ten other bodies so As he left the mill the workpeople met him at the gates and dreadfully mutilated as to render identification impossible. mobbed him, hooting and throwing stones, so that he had Mr. Morton, the government inspector, is expected to visit diffi cu lty in reaching an inn at Glossop, where the police the place to-morrow. came to his protection. It is said that he was apprised of A correspondent, writing last (Sunday) evening, after constant breaches of the Factory Act in this district by a detailing the above facts, says . committee of working men and master manufacturers from is eta cted and who have another district, where the law that e , want that The cause of the accident remains matter of conjecture, consequentl y .. an interest in seeing other parties wont from the fact that not one survives of the fifty who were in that part of the pit were the explosion took place to tell the according to law. tale. The conjecture of Mr. Goodwinson, afte r . an inspec- C ORPORATION OF THE SONS OF TILE CLERGY.— tion of the mine, is the moat plausible of any given. It is The Christmas meeting of this ancient society, chartered by as follows : —The men, on leaving work on the previous Charles the Second, under the and C hild re n "l .f he cie Charity Itar . night, bad left open the trap doors, whereby the circulation the Relief of Poor Widows and . rgya of air in the board holes had been prevented, and a coati - was held on the 20th instant ; Sir Robert Harry Ing quent accumulation of sulphurous Fes bad taken place, in Bart., M.P., in the chair. Amongst the governors p proof of which be says the explosion has extended almost were Alderman Copeland, p M.P., and James William! F e reabe throughout the mine, which could not have been the case field, Esq., M. .; the two . treasure rs, the 1 , en table unifies it had been deeply impregnated with gam. He adds, Archdeacon . Hale, S te . Re . v__. D. I, 3l 'ivis . :, bi th .. e .. E.e . x v . ..C .._.... assoft as additional proof, that when inspected on - Friday by . the Jennings, th Rev. m p.s l ii wi Cli 1 aj Elliott,Ev4 . O rli. underground steward the mine appeared perfectly saf . Channell, John Pepp, Henry., ar es ot ~ enry Dar C. J. Baker, Esq) "The explosion took place about ZOO yards from the shaft Ponngi, Fenle end John R Cancellof , EM. he reel on the south-west side, and extended throughout the mine, with the exception of a small portion on the deep aide, which it did not reach, in coneequence of the trardoo . nto the gre at regret his grace felt that, in coulee by the Archbishop of Canterbury, President of the Society, express giving way in the dixection of the shaft, and so &Holum tlx damp to pas est. Notwithstanding the acknowl ed ged so interesting an occasion as the present, whoa the h e queue of ordinations in Ins diocese, he was unable toatemell governors were assembled to distribute the Christmas hew safety of the :is daily inspection was made prio r factions to his brethren in the ministry, the meellag poor to the men day by Mr. oftliersr e 7anell ul eneo wsU si as wtr eti by mi dr. a l u as rin peetor ".. Goadwineon. ass lime sea attach itself to any Dieu in all parts of England and Wales, whose c proceeded to grant donations of 51. to 30/. to poor= parties etmeerind kde and neseasities were satisfactorig attested. Out of the were assisted. At the t. To the workmen b. oboe, if I=IMM be eit= fearful catasteop . same time donations for apprenticing ten children of poor Ms are le die opinion that the explosion took e . whole number of 106 applying, ierwymen, and for supplying outfits to ten others eidenng gime lei oldie breaking down of some of the ellimilaillial which are closed up u soon al all aged single daughters of clergymen, all in distressed circum ehe upon situations in life, were granted, and 23 widows and Img lo ebholasd. this were so, the gas, which acesima- Mgt In Ogee Wee, w ould at comingtie rustaintowir the e or n klins " al" ' received a small gift. Hated DISCHARGED SOLDIERS . — Above 4,000 men have = lli which the men worked, en explosion inevitably been discharged from the army during the present year as Melia mow. The system of working with naked candles unfit for further service. Katz iintelitynce. EQUITY COURTS.-SATURDAT. ISITTIMOI DI LINOOLI &SEN.—BNP23IIIt TIM Lobo CIANCALLOII ♦PD LOMA Jul. , IC, IN R 1 STANTON'S BANKRUPTCY.-THE BANKRUPT LAW CONSOLIDATION ACT.—JDOUNENT CENTIIICA TS. 'ibis appeal was before the Lords Justices last week, but as their lurdshipe entertained a difference of opinion on the question. which is a new one, and of considerable import ance in bankruptcy practice, an order was made that it should be argued in a full court of appeal. The Lords Justices accordingly took their *eat in court on Saturday morning with the Lord Chancellor to hear the ease. It was an appeal from a decision of Mr. Commissioner Evaes, pronounced on the 'nth of November last, refusing to set aside a judgment certificate, made under the 24th section of the statute 12 and 13 Viet., c. 106 (the Bankrupt Law Consolidation Act), and to discharge the bankrupt, the appellant, out of the custody of the gaoler of Aylesbury. The question at issue was whether the learned commis seiner who had refused the bankrupt protection for not producing a stock account and cash account with his balance-sheet was right in granting the certi ficate on which the &mix Bent was accented by his creditors, and it raised in clahorate argument on the construction of various clauses of the act. The 231 th section of the act provides that assignees and creditors who have proved are to be deemed judgment cre ditors, and the court is to grant certificate thereof, the sec tion proceeding in these words: "That the iisiintnees for the time being of the estate and effect* of any bankrupt, when the accounts relating to his estate shall have become records of the court, shall be deemed judgment creditors of such bankrupt for the total amount of the debts which shall by such accounts appear to be due from lain to his creditors ; and every creditor of any bankrupt, immediately after the proof of Ins debt shall have been admitted, shall be deemed a judgment creditor of such bankrup to Cie ex tent of such proof; and the court, when it shall have re fused to grant the bankrupt any further protection, or shall have refused or suspended his certificate, shall on the application of such assignees or of any ouch creditor grant a certificate under the seal of the court, in the farm con tained in schedule }3.a., to this act annexed, and every such certificate shall have the effect of a judgment entered up in one of her Majesty's superior courts of common law at Westminster, until the allowance of the certificate of conformity or such bankrupt; and the assignees or the cre ditor to whom, according to such certificate, the bankrupt shall be indebted as therein mentioned shall be thereupon entitled to issue and enforce a writ of execution against the body of such bankrupt," &c. The 2513th section provides that if at the sitting for the last examination it should appear that the bankrupt had been guilty of certain offences, further protection shall be refused. The section then goes on to specify the offences, which ore tine in number; namely, 1, destruction of books or writings relating to the trade, dealings, or estate of the bankrupt; 2, falsi fi cation of books, &c.; 3, contracting debts by fraud; 4, giving undue preference to creditors; .70, concealing debts or inakiug away with property ; 6, ficti tious statement of losses or expenses; 7, vexatious and fri. volous defences ; 8, wilfully withholding books, ; and oth, if the bankrupt shall, during his trading, wilfully and with intent to conceal the true state of his affairs, have omitted to keep proper books of account, or shall wilfully and with intent to conceal the true state of his affairs, have kept his books imperfectly, carelessly, and negligently. The Poets of the case as stated in the bankruptcy proceedings, under the hand of Mr. Commissioner Evans, were these : The bankrupt, Stanton, who appeared to have carried on business in a small way as a jeweller, at Not ting-hill, surrendered, awl was examined on the 14th of January last. On the 20th of February a further examination of the bankrupt took place, and the learned commissioner stated that the banotrupt not having filed any stock account nor any cash account, particularly fur a SUM of 3111. 7s. GI, referred to in the balance-sheet, an ad journment was made sine die with protection till the 27th of March. The accounts required not having been filed, the commissioner granted a summons to the debtor to ap pear and show cause. The bankrupt accordingly came up on the 13th of October, and having refused to produce the accounts, the commissioner refused further protection, and thereupon granted a certificate in the form prescribed by the act, to the effect that the assignees were creditors for the sum of 1,2071. 12s. fid., in trust for the creditors of the said Stanton, and that the said bankrupt " was not pro tected by this court from process against his person." floe bankrupt was, thereupon, arrested, and on the 21th of November Mr. Kennedy, his solicitor, having applied fur his discharge, on the ground that the commissioner had no power to grant the certificate, Mr. Commissioner Evans re fused the application; hence the present appeal. • Mr. Parton Cooper and Mr. George Simpson in support of the appealcontended that the bankrupt bad not committed any one of the nine offinices specified in the 256th section, where on refusal of protection, a certificate would follow in the nature of a judgment, on which the creditors could im prison the bankrupt. The only default committed by him was his neglect to furnish stock and rash accounts, not an improbable occarreuce with a small trailer. No such offence however was specified in the act. "Protection" was here used in two senses. In the 112th section, giving the bankrupt freedom from arrest in coming to surrender, &c., it was the kind of protection allowed by the old law when be could not be taken in execution by creditors who hail proved, and if arrested byothers he could be discharged under the insolvent law ; but under the new provisiodr of the act, a certificate was given on refusal of protection in the cases specified, which amounted to a common law judg ment. There was a peculiarity in this act that it consisted of groups of clauses which might be accounted for that the articles of the French code were taken as the model. The 2.56 th section was part of one of these groups, which included sections 2.56, 254, and 259. The 257th provided that the court was to issue certificate on refusing to grant fur ther protection; the preceding section enacting that this refusal was to follow m proof of an offence specified therein. The 259th section provided that a bankrupt taken in execu tion should not be discharged, except by order of the court, until imprisoned for 12 months, provided always " that this enactment shall not take effect until after the expira tion of six mouths from the commencement of this act, and then only against such persons as shall have been adjUdged bankrupt under this act, and for silences committed atter the commencement of this act." Could there be any doubt that this referred to the offences specified immediately be fore? (Lord Justice Bruce—There can be no doubt that the latter part of the clause is not English.) Why specify the offences in the act, if the commissioner was to have a general discretion ? This court surely would not unction au infringement on the liberty of the subject, on a refined and conjectural construction of ambiguous phrases in an act of parliament. - - contain a stock and cash account. The 162nd section gives power to adjourn the examination sine die, Mid - in some eases, in the discretion of the commissioner, to frce the bankrupt from arrest by an endorsement on the summons; and when the adjourned examination was not tattsfitetory, to grant further protection for a limited or evs n for a dis tant period, as the commissioner should me fit. In this case the endorsement granting protection was for a period of several months, though the examination was adjourned I sine die. The 199th sectiou, with respect to the grant of certificate of conformity, provides, " that the certificate of conformity under this act shall be in writing under the seal of the court and the hand of the consaliss , ismer, and shall certify that the bankrupt has made a full dis covery of his estate and effects, and in all thifi,:e con formed, and that so far as the court can judge there does not appear any reason to question the truth or fulness of such discovery." Now, it would be observed that all these sections tended to show that a large discretion was imposed on the counniwioner with regard to giving protection; that he was nut confined as regarded refusal to any particular class of ease ; soil that when he thought it necessary he might say that the bankrupt a as to lie amena ble to the common law remedies which creditors would hare had if not expressly restrained by act of parliament. But there was a class of cas,:a where tile cumutissioner had no discretion in which it was directed that he should alto gether refuse protection, the 2.idth section Mem.; that power, awl then describing.the Ofielletel for which protec tion s hould be refused. Then came • clause which, it s appeared to him, was intended to embrace all cases, including those in a hiah the commissioner had a discretion, where the whole conduct might tend to show a very dishonest bankrupt, though not guilty of the precise character of offence pointed out in the act; and it appeared to him that the eusictsuant came in a very proper place. It enacted that when the accounts re lating to the estate shall have become re earls of the court the creditors proving shall be deemed judgment creditors, and the section then provides that " the court, when it shall have refused to grant the bankrupt any further protection, or shall have refused or suspended his ear ilicate, in that case that the commissioner shall grant a certificate which should have the effect before stated. Was is an tin , reasonable thing if the bankrupt slid not make a disclosure of his atfairs which wits not satisfactory to the commissioner, and if he judicially thought it right to refwe protection, that some remedy should be afforded to the creditors s What other remedy could Le given than the one provided for in the act ? It was necessary fur the protection set tine cre ditors that some strong compulsory power should be given in such cases, and that was made by the act dependent on the discretion of the commissioner. It appeared to him that the clause itself furnished no ambiguity. Ile did not now consider it necessary to refer to the former state of the law, nor did he consider himself at liberty to form any con jectural opinion as to the intention, of the legislature. Tho act of parliament was before him, awl it was Identity to con sider it according to that reasonable sense which the words seemed to require. lie slid not Teel himself preeeed there by to say that several cases being mentioned where protection must be refused, followed by certain conse quences, that these consequences were nut to follow the re fusal of protection in other instances refereed to in the act, nor could he say that these special offences were selected as the only grounds fur granting certificate, or toot they were more important in their character than other acts for which the commissioner might refuse to grant protection to a bankrupt. lie could readily conceive a bankrupt steering Clear of every specific offence mentioned itt the 2.ifith sec tion, but whose general conduct might be eu fraudulent as to dieentitle burn to protection. lu the language of the clause itself he found no ambiguity. But tla: court had been asked to travel into other clauses. Ile had followed the argument, but heard nothing to furni-h any ground for coming to the conclusion that motection had any impro perly refused in this ease. Amongst other things attention had been particularly directed to tee language of the *loath section, which it must be admitted contained some ambi guity; but he must own that he had, nevertheless, arrived at a satisfactory conclusion as to ids meaning ; that it had no tendency to confine the applicateuu of the conunissiotter's power of refusal to any special cases. The conclusion at which he had arrived was this—that in every case in which the cominiesiener was authorised to re fuse protection, lie is authorised also to grist a certificate of the amount of the debt ; and that the cases specified in section 2.56 were nut intended to comprise all the offences for which certificate might be granted. lie thought, there fore, that the commissioner had acted rightly iu refuaing protection, being of opinion that the bankrupt had perti naciously refused to make discovery of his ...coons which in law he was bound to do ; that the certificate of debt was rightly made, and that the bankrupt was properly in cus tody, and ought not to be discharged. Lord Cranworth entirely concurnd in the view of the case taken by the Lord Chancellor. The whole question amounted to this—was the commissioner justified in issuing this certificate, which, in contradiction to the certificate of conformity, might he called the judgment certificate?" If he was justified iu granting it, he was, of course, bound to grant it when asked to do so. WUs he bound in this case ? That depended on the construction of section 257, and he entertained no doubt, looking at the mere language of the act, that the commissioner was bound, the words being " the court, when it shall have refused to grant the bankrupt any further protection, or shall have re fused or suspended his certificate, shall on the ap plication of the creditor., grant the certificate, which was to have the effect of a common law judgment. Here the commissioner refused any further protection, and the creditors applied for the certificate, so that it was a ease obviously contemplated by the statute ; and there could be no doubt therefore that he was bound to issue the cartift cate of debt. But then it was said that although that was the literal construction of the clause, looking at the sections around it, that this was not to be taken as the intention of the legislature. lie could not arrive at that conclusion. By section 256 the commissioner was bound to refuse fur ther protection or to suspend or stay certificate of confor mity in the events specified as the nine causes of suspension of protection provided in the latter part of that section. Clause 217, which immediately followed, provided for the issuing of certificate in the came of such refusal, end it was therefore argued that it was only meant that this should apply to the cases excepted by the preceding chute. 'r he plausibility of this view rested uu the argument that the statute was divided into " groups of clauses," as they had been called at the bar, and that this provision was in the group which related solely to offences committed against the bankrupt laws. Ile must confess that the argument had not much weight with him. The legislature declared that under certain circumstances specified the commissioner shall refuse protection; then it declared that in all coxes where protection was re fused, judgment certificate might follow ; he saw no thing in the special statement to affect the generality of this latter provision. By section 201 it was enacted that no bankrupt should be entitled to a certificate of conformity if he has lost by gaming 20/. in one day or 2001. within twelve months, or 2001. by stock-jobbing, die., all serious offences, but none o f them were mentioned in section 2.16. Moreover, perjury was not an offence enumerated in that section. It seemed to him monstrous to say that these were offences for which the commissioner had not power to sus pend protection, and as a consequence where certificate of judgment should follow, simply because they were not men tioned in :the clause specially enunieruting offences. It seemed to hint that the present case was exactly one in which it was right and proper that the discretionary power vested; in the commissioner should be exercised. But then it was argued the 257th section says that the certifi cate is to issue in those cases where the court refuses to " grant the bankrupt any further protection," and by the preceding section the court is required to do so when any of the offencesehereinspecifiedhave been committed) Tbut is,sa was contended, certificate was only to issue when the words " refusing further protection" occurred. If the phrase never occurred except there, there might be foundation fur an argument, but it did not, to his mind, countervail against the other argument; ter, though the expression clues nut in terms occur elsewhere, yet the very thing is referred to. The commissioner being authorised to make an adjourn ' =ant of examination sine die, and to free the bankrupt be arrest by an indorsement on the summons, in such gems, as provided by section 162, " the bankrupt shall be tree from arrest or imprisonment for such time (if any) as smile court shall from time to time by indorsement on the enininsons of the bankrupt think fit to appoint." For if the ageaminsioner refuse to make that indorsement it would clearly amount to a refusal of protection. The 199th sec tion expressly enacted that the court, having regard to the conformity of the bankrupt to the law of bidiktuptcy and to his conduct as a trader before as well as after his bank ruptee, shall judge of any objection against allowing the certificate of conformity, and " either find the bankrupt entitled thereto, and allow the same, or refuse or suspend the allowance thereof, or fume: such conditions thereto as the justice of the case may require." There was nothing therefore in the language of the act to connect the 2.sfith and 257th sections together, apart from other portions of the statute. Fur these reasons he entirely concurred in the judgment given by the Lord Chancellor. Lord Justice Knight Bruce said were he to dissent from the other members of the court—if his opinion were to be considered entitled to that name—it need not be matter Mr wonder, considering the great obscurity, uncertainty, and inconsistency which unfortunately pervaded this act of par liament. tole should very briefly state the reason of' his doubt on the point which had been so elaborately argued. His lordship, who was moat imperfectly heard owing to the noise made by a number of idlers in the court, was un derstood to say that the main ground of his doubt was the circumstance that sections *256, 257, 258, and 259 Mood together insulated as it were from other provisions of the act. His doubt arose principally ou the fourth section referred to, whether this should not be taken as a provision le which every part was dependent on amid ought to be combined with the other clauses mentioned. The act de sliced that in certain cases the commissioner had no option bat should refuse to grant protection, and it then- euume rated these cases. The next clause (2.57) provided that when the court shall have refused—shall was the word used not may—certificate for judgment should follow. A doubt therefore occurred to him whether these compulsory clauses should not be taken together as solely referring to the grant of certificate. It was not necessary that he should enter into further explanation on the subject. lie had merely made these remarks by way of apology fur entertaining a doubt which induced him to differ from the other members of the court—a doubt which ho still entertained, and would t i e n: i ba h b e l m y co s jo n ri tin t :e o to f th ho e l i d r judgment of Hr. was r. Commisaioner vans,E it accordingly affirmed. with i ns pr e be t tiongsoimnefaPw.voutsr of this tthishe Mr. J. Russell and Mr Sturgeon, contra, supported the judgment of the commissioner. It was admitted that, although the conduct of the bankrupt had been most unsa tisfactory, none of the offences specified in section 256 had been committed. The clauses were not to be interpreted per se, or as standing apart, but were parts of a general enactment, and dependent on each other, the grant of certi ficate of judgment being a consequence of the commissioner's general discretionary power to refuse protection on an un satisfactory examination of the bankrupt. The bankrupt in this case was contumacious, refused to give any satisfac tory account when required to do so, and treated the court with contempt. The Lord Chancellor, in giving judgment, said he thought no doubt could be entertained that this was a matter well deserving the consideration of this court, as the question raised was one likely to be of frequent occurrence in the Courts of Bankruptcy, and it was very possible that one commissioner might take a view front which another would differ. In a question, therefore, of so general • nature it was right that tho court should give the most attentive essaideration to the point. This was the case of a bank rapt who had received protection down to a certain time. • day was fixed for his last examination—a deficiency ap peared in his balance-sheet, and being asked to produce a cash account, and also a stock account, he said that he could not furnish them. The commissioner having come to the conclusion that the bankrupt could give a better ac count of his affairs, adjourned the examination sine die, but granted protection to a day in March, to allow the bankrupt an opportunity of producing these accounts. No further memorandum appeared on tho proceedings until the commissioner, having thought it right to grant a sum mons to the bankrupt to come up to give the information required, came to the conclusion to adjourn the examina tion sine die, the memorandum stating that the account was not satisfactory. This was, therefore, the case of • bankrupt who, on his last examination, did not snake a full disclosure of his affairs, and a case in which the commissioner refused any longer to grant protection. Consequent therein the creditors applied for and obtained a certificate, which amounted to a judgment. On this state of the case the bankrupt objected that the certificate was improperly granted, because, as contended, • certificate could only be given where protection was refused for causes specified in the 256th section of the act. These questions therefore arose—first, whether the commissioner was au• thorised in refusing protection to the bankrupt (whatever might be his conduct otherwise) if not guilty of a specific act mentioned in that section; and next, supposing that he might refuse protection, would the circumstance, that it was not included in the offences specified, preclude him from granting a certificate ? Looking at this case with all the at tention in his power, stimulated thereto by the fact that it was • matter affecting the liberty of the subject, he arrived at the conclusion that the judgment of the commissioner was right ; that he was authorised to refuse protection on other grounds than those enumerated in the section cited, and that the refusal of protection was a lawful foundation for the certificate on which the bankrupt was taken into custody. To explain the reason for arriving at that conclusion it was necessary to refer to some portions elitism statute in detail. By the 12th section a very large lagisdietionits given to the Commissioners of Bankruptcy, be* the extraordinary discretion imposed in them is placed =Flee control by being the subject of appeal to another tri banal, with an interval sufficiently long to allow every at tention to be given to it. By section 112 the commissioner is authorised to make an endorsement on the summons which shall protect the bankrupt from arrest, and has also power to grant his discharge. But the commissioner was not bound to give protection in every . case. A discretion was to be exercised according to the circumstances of the particular case. For instance, should it be anticipated that the bankrupt would make use of his liberty to abscond, or make away with books or other documents, • very sound discretion would be exercised in refusing protection. His lordship then passed to the 165th section, re ferring to the account which the bankrupt is re quired to make out, which is to be made according to the direction of the court—ot course, meaning always according to the power and capacity of the bankrupt. He referred to that section because in this case the isimmia sioner had exercised the power, and had assigned as a rea son for refusing protection that the balance-sheet did not Rams TER NARITA OF MIAOW. CONSTABLE V. FAILLAII. Mr. Haddon moved that the derendowt in this case, who was brought up by habeas corpus, be doicharged from cus tody. The defendant attended the court yesterday on a