The Express. — London, England, 1853-12-03 00:00:00

CITI" CoRPOR.II if ).% coMMISSIoN. The cinuminiuners met yesterday; Mr. Labatt then la the chair. Mr Edward Leigh Pemberton, solicitor to the Board of .1•4 I—I was formerly solicitor to the c,,mmienosess of Wods., end have been engaged in law b e with the eurputttion in respect to the right of the bed of the river In 1837 the solicitor to the .1.1 Adisinalty called our attention to an act of puha- I wee enostruction of a pier at Greenwich which contused a a nnals directing the payment of a fine acid en tninad rust to the corporation of London. It appeared to ow tha t the corporation, in requiring this fine and rent, wire inftisgiag en the riehts of the crown, as owner of the e. ,,5. coeurspordence rook place, and the result was that a elute ens inserted in the bin saving the rights both of the wor n and .1 the corporation in respect to the O+ the occasion of laying the foundation of the sow Bmses of parliament I was again ka to inquire ado the eighta of the corporation t o novice to the conservancy of the river. I laid a case b , to ., !ha then Attorney and Solicitor General (the Freest Chancellor and Chief Justice), and their opinion ins in favour of the rights of the crows. They advised us to act iss if those rights were undoubted, but not to enter voiuntatily into a contest with the corporation. The Cmiwissioser. of Woods acted on that advice. In 1843 tie eeerta :,,,n guititert licenses for the embankment of the oot as I.OllWITAtors, but at owuen of the soil. On app• lication I received • espy of one of these licenses, which au granted to Mr. Cubits ler making an embankment in the l a i c of p gs. The corporation got • pecuniary conside , nom for making that peens. Acting by the advice of the morettens of the crown—the present Chief Baron and the l ate sir Follett—measures were taken to have the richt to the bid of the decided by the competent legal trbwe g e. Th e witness detailed at great length the legal coi e,st b, fore the dif f erent courts—the Rolls, Chancery, and Bosse of Lords. The matter was undecided up to the pretest moment, end the proceedings occupied 423 sheets. The Chairman —When do you think the ease will be gully decided ? Mr. Pemberton —It is quite irnponible to say. Should she Court of Chime ry decide finally on the case, 1 don't whequite as appeal tu the House of Lords. Mr. Lewitt—How den the exercise of the right now stand? Pentbert in—The corporation go on to grant licences, but they gin tea I 4 days notice before they grant them. We *digit their right as conservators of the river, and that they should have the opportunity of judging if an embankment usjusions or nut, and of stopping it if it should be injus rice , : Tee Chairmin—W , ie the richt of the corporation is the coasersaaey of the river ever in any Eiszner disputed by the / Iowa? Mr. Pemberton—Not in any manner that I am aware of, be if it was disputed it would be by the Board of Admi ralty, as reprea•ntwg the navigation, end not by the office of Woods and Forests, as representing the ownership of the intl. Mr. Beck, a wharfiager of blrworth, said—l am • timber. slate, rind cirn merchant, as well as a wharfinger. When I first commenced business I found that as I did not serve as apprentictihip I could not carry on that portion of my twine's which consisted in carrying goods of other persons. I was therefore obliged to give it up. I had • noel of 28 tons built, in which I could carry my own goods bat ant the goods of any other person. But if I put the name of a widow on the barge I could carry the goods of any one else, so Vitt it would be easy to evade the rego latione of the company. A person came to me last night to hits my boat to bring goods from the Med way, but I could not do an because the present regg iseions are against it. This seems to me as amurd as it would be not to allow a man to sail to any part of the world tint's , he was first apprenticed. Ido not .ay that the chafers at, too high, but I think there would be a considerable inereair of business if the trade were thrown open. 1 think that the enrportion do not do their duty as maservatovi of the river There are a great many shoals. I think that the übstructiona of Putney and Battersea Bridges, from which we frequently suffer loss, should be done away with. I think the conservancy might be effl deftly performed by the corperation if they employed effi cient officers, but those who tat on the committee were wholly unacquainted with the subject. 1 could appren tice my son at 14 or 15 years of age, and he might obtain his freelom though he had never been on the wharf at all. Such is the case also with the lightermen. 1 have heard that the wateraien claim their privilege because they new liable to be impres,ed as seam n, and to furnish a certain number of watermen for the royal navy when required. Mr. Hickson was then !lolls'', and his evidence eon- Rimed. The Chairmen—Vase you applied your mind to the remedies which you think ought to be applied to the cor poratioe of Load= 31r. Hickson—l think what is desired is to consider rather the best mode of transition from the present system to an improved one, than what may be the beet theoretical system. I will therefore state what I think ought to be abolished, and what ought to be substituted in the present system. In the ti7st place, then, I think the 14th clause of the Municipal Reform Aet ought to be applied to the City. This clause would take away the exclusive privileges of the different fellowahips of porters,watermen, meter ofBcers,i4c. I would further propose the application to the City of London of the clause of the same act which repealed all such existing charters and privileges as were inconsistent with the principles of the act. It has been proposed that au equalisation of the wards and en extension of the suffrage should take place, and that the reform of the City of London should proessid on that basis. But I am sure that would net be effectual. You would not succeed in obtaining a cossolidatios of other., which is a moat important matter of reform, by so partial a reform as that. I would not give cooservaney of the River Themes to the corporation. It ought to be transferred to the Woods and Forests, at least till some better organisation was formed. On the subject of compensation to the officers, I would deal with them on a liberal scale. The City has a separate police system, which has worked injuriously to the metros polls at large ea well astir the City itself, because it centre an additional expense. It is also the cease of inefficiesey, because thieves who are in the City remain there till they are known le the police, and then they tome to the metros politas districts. On the other hand, when they are known in the metropolitan districts, they go into the City. Atlas same time I think the inhabitants should have the power MI appointing watchmen in addition to the police if they wish. I would be prepared to introduce the popular element late the appointment ef the police, if we were now going to less a general municipal' government for the whole metes/i. We have seen that the police officers who are appohded the government on a recent occasion entered the homes sr the first generals of France, and made them prisoners. 1 he Chairman—But I think in that case the police were supported by a large military force. Mr. Midterm—That may he; but I think in England, where we are jealous of our liberty, it would be well to have the popular element introduced into the appointment of the police. The area of the metropolis is seven hundred and 'half square miles, and the police force 5,600. The City area is one and a half square miles, and the police fere, is 500. With regard to the coal duty, I think it would be better to raise the coal tax at the mouth of the pit, where it is cheap, rather than in the City, if the tax is to exist at all, which I think is a very objectionable one. The tax on coal is not merely 13.1., I think it is as much as 18d. in consequence of the impedimenta and delays it wow sions. The machinery for collecting the tax is becoming more cumbersome and inefficient. The amount of the coal Ma niece 1830 was 2,000,000 i., and assuming that 750,0001. la sow due on the and rate the interest would be met by the Id. tax, which would produe• 48,0001. The Chairmen—But would not that involve a permanent burden instead of a temporary one. Mr. Hickson—Yes; but an additional fund might be raised by an additional tax on coal toed in furnaces. My view is that with respect to strictly local matters the new corporatism should have unlimited power of action. They should be allowed to spend their own money in any way they pleased, but should not be allowed to spend the money of others. With regard to sewage, I think that the local sewers might be placed under district bodies, but with respect to arterial drainage that should be under a general board. The paving of the side streets might be also left to the paving boards, but the paving of the main arteries of London ought to be placed under the general body In all such cases the Isere interests should override the lessor. ' The lighting I think might he left to district management. Amongst the new functions which I would give to the new municipality of London Proper, whisk I think ought to be a model municipality, would be the power of electing a hoard of guardians to carry oat the provisions of the Poor Law Amendment Act. The ge expenditure of the Central Union in the City of London for the three years 1834, 183.5, and 1836, when the population was 87,000. was 89,0001. ; for the three ' , ten 18.50, 1881, and 1882, 85,4491., w hen the population was 65,900; being a difference of 29,0001. There are 98 parishes in the central union, and 101 guardians, besides 15 ix officio owes. Now, I ask where are 116 efficient per mits to be found in the City to attend to the business of poor law guardians, besides 100 perhaps to attend to the duties of the corporation. I would, therefore, propose that the duty of attending to the poor should he given to the corporation. There are numerous ecclesiastical juris dictions, to the amount of 110, in the City. Them I would consolidate, and give the new munici pality the power of communicating with the ec clesiastical authorities as to the mode of managing the funds. I would do this in connexion with the church, and not in opposition to it. I would also give the new municipal council the function of communicating with the charity commissioners and punishing breaches of the charity trusts. The machinery of the charity commission is inade quate, and they might obtain material assistance from the new municipal council in this respect. I think a public prosecutor might be appointed for this purpose. On the subject of the qealifications for electors is the City there are at present various kinds of franchises. I am inclined to think the best qualification that could be adopted ia that for guardians under the Poor Law Act, which rives the vote not only to the person resident in the district, but to the person who has pro perty in it. The spurn of voting papers has been intro duced ander the l'oor Law and Board of Health Acts, and as the system has woraed well, 1 think it would be well to , ! introduce it in the City elections. That would get rid of the evi: system ef public-house intiseace. The system of not requiring the psamial attendance of the voter affects in a great degree the right* of the chartered companies. These companies administer property to the large amount, at the lowest estimate of 250,0001. I think it should be de fined b 7 act of pediment to whom the property belonged. 1 would rattier it should be made the private property of the master and wardens of the companies than have it opener as now, in eating, and feasting, and corrupting. Another question is, what should be the share of each elec tor in the municipality? At present, in consequence ef the smallaeu of some of the wards, and the greater latest of others, the influence of the elector is very various. This system tends to throw the power into the hands of separate (cations. The system in the City, at present, is to luta for certain lists. I think that system I. bad, and that the elec tor. should exercise their judgment as to the limes. of the individuals. I think it is most important that the mlnority should be always represented, as well as the majority. I would therefore have the aldermen ■nd the Lord Mayor elected from members of the CoMIMPII Colll2Cit. The Chairman—Would you confine the election exclu sively to the body of the Common Council ? There may be many gentlemen in the City of London who would sot ob jeet to the chief seat, and yet would object to become • common councilman. Mr. Ilick‘cs—l don't think that would make much dif ference ; but I think for all purposes a parson appointed to any particular office should have some previous training. I know there is a disposition alwar to elect some great magnate, or a man of great reputation or great wealth, bu: it does not follow that such a man 'Would be necessarily the most qualified to fill a particular office. The name of Mr. Baring has been men tioned. Mr. Baring sad Baron Rothschild are men of (rest wealth and influence, but it does not follow that they would maks the best Lord Mayors. I think the great mer chants have objected to become Olken of the corporation because the sphere of their usefulness is so restricted, and therefore it is that I would increase it. I would divide the City into ten ward', each ward tirrettrn tan common councilmen, and the common council to elect ten aldermen 811 , i the lord mayor. I would not have the aldermen ma . .. . . gistrates under thi new municipal act. I was at one time in favour of giving municipalities to the different metropo litan boroughs, but I now think it would be more advisable to divide the metropolis into equal municipal districts. It has been suggested that the parliamentary boroughs ' should be constituted into separate municipalities. I was mriginally of that opieion also, but I think HOW that the municipalities should be formed into districts as nearly equal as possible. Mr. Thames Woolley, examined—l am a butcher, re siding in Aldgate High-street. There are from 30 to 40 .laughter-houses in the district in which I reside. We are obliged to employ journeymen freemen in the slaughtering of bullocks, and we pay them 2s. Bd. for each bullock. Freemen claim the sole right to be employed under • penalty of M. 1 had three actions brought against me fir employing persons who were nut freemen. 1 compromised the first, and I took up the freedom in the case of the other pe. sons ; bat then these required an advance in their wages. This system is unknown tent t in our neighbourhood. We desire to oppose it, but we arc brought into the Lord Mayor's court,end mules compelled to employ these persons. I bzlieve it is neatest the wish of the officers of the corpora tion that this system is carried on; and it is but a month since Sir John key prevented an action from being brought against me by one of these persons. The practice that I ' ban spoken of is not carried on in Newgate Market. Under Ibis system some of these freemen get tea or twelve shillings • day. If the trade were open, 1 could get the work done at 39 per cent. less. I think the whole system of freemen ought to be abolished. Mr. Thomas Pillow said—l am • lighterman, and my premises are situated in Lower Thames-street and Simond's. wharf. I um • member of the governing body of the Watermerie Company, and am acquainted with the mode of its proceedings. A witness in the early part of the day has said that he could not bring his barge from the Medway without being a member of the cotupar.y. That is a mistake. Our right extends only from Yar.tlet Creek to Staines. There we have exclusive rights of navigation and landing, and there only. We have nothing to do wilt loading or unloading. It is to be observed that we enjoy those exclusive rights, not under charter, but by act of parliament. I was myself fined by the Company of Water men; it was on the occasion of a strike. There are four teen freemen in my employment; they struck, sod I told my assistant to employ any persons he amid bud. Au ac tion was brought against me fur employing persons who were not free. I was brought before the alderman and a nominal fine of one shilling was imposed ups,. me. He could not help imposing the fine, but he told the men that if they obstructed the business of the river in that way their privileges would be taken from them, Ile was nut aware that I was a member of the court. I think, if you were to take away the privileges of the freemen altogether the remedy would be worse than the disease, because a person should be brought up from an early age, in order to be able to perform the duties effi ciently. Utile trnde were thrown open altogether, incompe tent persons would be employed, which would lead to loss of life and property. I don't think a smart man would learn the business in two months; at the same time I think the present system ouget to be amended. The terms of the act nf parliament under which the company oasts re strict the supply as much as possible. We are prevented by law from having more than one apprentice till we have served four years in the company ; after that we may have two if we employ 12 barges; if we have 20 we may have three, but not any mon, though we should have a hundred barges. I would, therefore, suggest that we should be allowed to have as many apprentices as we please. If the trade were thrown open I think the freemen would suffer, but not very much. The members of the Watermen's Company arc not confined to freemen of the City, nor does membership entitle them to exercise any fran chise in the City. There are at present 7,786 freemen of the company on the books ; the number has been gradually increasing lately. The number of apprentices now is 1680. The master lightermen included in the above number, but not being owners of craft, are 800. The number of barges and lighters is now 5,107. We are compelled by our Act of Parliament to furnish men fur the royal navy, when neces sary. Our whole body is, in fact, liable to be called upon to serve. We have furnished 500 at • time. The last time we did so was at the commencement of the French revolution. Mr. C. Brown ssid—l am one of the rulers of the fellow ship of porters The governing body is composed of the Lord Mayor, twelve raters, a le w clerk, a beadle, two corn sifters ' • fruit sifter, and others. The number, by an set of the Common Council, is limited to 3,000, but there are noly 2,000 at present. The fellowship port , rs iv • very old institution, and its privileges extend irom Yantlet-creek to Staines. It claims its rights under prescription from the corporatism. AU the members of the fel lowship mall be citizens of London. The num ber of min varies with the amount of business, which was lairerly diminished very much in consequence of the desk nompanies being allowed to employ their own insillmeeit. is consequence of an importation of po etises. the gambeisia sent to the fellowship to supply them with ail psalm. They had employed other persons, and the erompisaas was five sacks were stolen. The fellowship of porton ads a protection to the public ; each member is obliged to give two securities in 401. for his general good conduct, and in case of dishoaesty being proved against him he is dismissed the fellowship. A great mistake exists as to the wsges of the members. They are not paid for their labour more than the ordinary rates. Large jobs pay them, but small ones do sot; in feet they are frequently livers by the latter. Their wages are 2d. per quarter on some articles, to be divided amongst the seven or eighewho work, and the sifter hes also to be paid out of that. The price is 24d. per quarter when pees, tares, wheat, and barley are to be re moved. That is all that the men who do this labour re ceive. I believe that if the fellowship were done away with the merchants would have to pay more, and would often find • difficulty in obtaining men. Mr. Lewis—Are there a great many applicants for ad mission ? Witness—There are. Mr. Lewis—Do you think that if the price of labour in the fellowship were below the market price you would have so many applications? Witness.—Only yesterday there was a strike automat the men for an increase of wages, bat the men of the oentinne to work. Our charge for removing /S toes and turnips from one vessel to another is Id. par wok each sack weighing licwt. If carried from the *Mk fourth, or fifth vessel, not beyond 90 yards, it is lid. per seek. We considered that we had a right to be employed in the docks, and we represented tits cam to the corpora tion, bat they did not maintain our privileges es I think they ought to have done. I paid 601. redemp tion fee to be admitted to the fellowship, and W. • a year ; I think there are a hundred others in the fellow • ship who have done the same, under the impression that we were to work exclusively between Yantlet and Staines; but we found to our regret that the dock companies were allowed to employ their own men, and no compensation was given to us. The corporation compelled the fellowship to lend the corn sifter 7,0001. without any interest is 1827, and sines that time he his received 87,0001. He receives a Id. on every Is. we earn. With regard to the oyster metage it is the public that pays all the dues. The men are only paid for their work. All above that goes to the meter. The commission then adj wised till Friday. THE STRIKES IN THE NORTH. WIGAN. The strike among the (»niers here has been vir tually at an end, with the exception of a partial suspension of operations which continues to exist at the Walthew House (Messrs. Snineker and Co.'s) and the Oidlow Cannel (Meseta. Ryland') collieries. We understand that the Bispham colliery has fully resumed work, and that a portion of the Walthew /douse collieries have returned to work with the fresh hands brought from a distance and set to work during the strike. A melting of the colliery owners was held at Wigan on Thursday to consider the propriety of taking steps to terminate the partial strike at the two col lieries above mentioned. The meeting was very fully at tended, the only colliery not represented being that of Kirk less Hall. Messrs. Braneker and Messrs. Ryland* expressed their apprehension of the evil results of the continuance of the strike, which might lead to another general turn-out, causing much distress and misery to the families of the weekmeo, and the meeting, fully concurring in their views, unanimously adopted the following resolution : "Thu meeting hears with satisfaction that the men at the Biapham colliery, and also a portion of the Walthew House men have resumed work at the old rates of wages, and that the rest of the miners employed at the Walthew House colliery, and those at Mr. Darlington's, Coppel col liery, still on strike, have expressed their willingness to re turn to work. Restkved that, in consequence of these im portant instances of the willingness of the bulk of the men to resume work, this meeting pledges itself to support Messrs. Braucher and Co. and Mr. Hylands in terminating Vie partial strike which still exists, by supplying them with coal and cannel; and that this meeting be adjourned for a fortnight, to allow the miners still out on strike to resume work." MINING IN RusslA.—The Mining Journal of St. Petersburg states =at the mines belonging to the state have this year furnished to the Mint 1,457 roods and 28 pounds of gold, representing a value ill 19,q02,336 friable, (79,609,3521.), and 1,367 ponds of silver (4,979,5240,er is all 21,147,219 roubles (84,488,8761.) THE EXPRESS. SATURDAY EVENING, DECEMBER 3, 1853. IRELAND. Raba lute Myna. - • - DUBLIN, Ditc. 2. Sir Edward M'Donnell, chairman of the Great Southern and Western Railway, was yesterday elected Lord Mayor of Dublin for the ensuing year. EQUITY COURTS.--YESTERDAT. ilirolli 71111 MASTLR Or TIIK Ilt.Lln TORN. AND NORTH MIDLAND RAILWAY V. lICDSON. THE LATE FATAL AFFRAY AT MOATE. An inquest wu held yesterday to investigate the cir cumstances under which a man named Thomas Moylan lost his life in the late fatal agrarian affray at Moats. Captain Megan, M.P., was present, accompanied by his counsel and solicitor, and a multitude of witnesses were examined, from whose evidence it appeared that a man named Roey, in the employment of Captain Megan, did, on Thursday, the 24th of November, drive a cart among a crowd of people who were attacking another east of Captain Megan's, which bad been sent to take away a stack of here ; and that the de ceased and several others, one of Mr. Megan's men among the rest, were knocked down, the deceased being found quite dead when lifted from the grotty d. All the witnesses admitted on their cross-exam i nat i on that • mob of up- This cue was brought before the court on farther direr thins and on motion, to vary the certificate of the chief j clerk of the Master of the Rolls, approved of by his honour as to the amount which defendant was to be called upon to pay into court after having taken the accounts directed l by the decree. Before the motion was heard on its merits a discussion took place as to whether it could be heard at , all, whether it was not the intention of the orders that a ! matter should not be argued by solicitors in chambers, and 'gain 1;., counsel before the tame judge in court. His Honour declared his opinion that the intention of the orders was, that no one matter should be twice argued before the same judge, and he should act en that opinion in a future cases; having regard to the novelty of the new practice, he would permit the question to be argued again before him in open court. Mr. Rolt, who appeared for the defendant, then addressed •he court in support of the motion, which was substantially a motion to reduce the amount which defendant was or dered to pay. The first item on which he moved a reduc tion was in respect of 300 East and West Riding Extension I Shares, for which defendant was charged in the certificate with 8,4001. The company passed a resolution that 38,400 of the 60,000 Rut and Rest Hieing Extension Shares should be allocated among the shareholders of the company, and that the remaining 11,600 shou'd be at the disposal of the directors. 9,000 of the 11,500 shares were entered in Mr. Hudson's name in the shareholders' registry at the end of the alphabetical list. but in December, 1847, 300 of these shares were transferred to his name in the regular alpha betical order, and he paid the calls due in respect if them, and received the dividends Item that time. In taking the accounts the chief clerk had charged Mr. Hudson with the price of the 300 shares on the day they were so transferred to him. The decree declared that tie defendant was a wards of arm kindred men had been collected on the lands by the people named Kelly, with the ex press orders to resist the removal of the corn, and to fight to the lest man, if necessary, for that purpose; that on the previous day, the Kelly. had upwards of forty men collected for the same purpose, and that those men were then directed to raise the country for the next day, and got a quantity of whisky. It also appeared that Mr. Megan had none but his own carters, three bailiffs, and three other men with him to remove the crop, and that their ooeduct was quiet and peaceable. The materiel evi dence agaivat Huey was, that he struek his horse with the reins, end caused the animal to dash in among the crowd, when the deceased was thrown down ; the KeUye' witnesses who deposed to this eircumatrace all aQmitting that they were among the " evighboura" on the occasion. The jury returned a verdict of manslaughter against Hoey, who was subsequently admitted to bail. SPORTING. trustee of the company for these shares, and that he should account for the profit of the shares disposed of by him, or by any person or persons by his order, in his cha racter of chairman or director of the company. Mr. Hud son sold these shares in 1549 for 4.5;41. only, and it was now sought to reduce the item from 8,41101. to 4,6751. His Honour, without calling on the counsel for the com pany to reply, held that the transfer in the share book from the end of the book to Mr. Hudson's name in the alpha betical list was a disposal of the shares within the meaning of the decree. From that day he paid the calls, sod re ceived the dividends, and became the owner of the shares. He war, therefore, properly charted with the price of the shares as transferred to him, and as no money paused, it was proper to charge him with the price of the shares on the day they were transferred. Ile .howl not, therefore, vary the certificate so far as related to that item. BETTING AT MANCHESTER.-FRIDAY. Theis was a very meagre attendance to-day, and specu• lotion dull in the extreme. The only transactions we have noticed since our lest are a. follow.: WOLVERHAMPTON STEEPLECHASE. 3 to 1 apt B Arum (t to 251) CHESTER CUP. 500 to 8 agst Newmiaster (t) 600 to 6 Doctor O'Toole (t) 2000 to 20 Virago (t) DERBY. 7 to 1 apt Autocrat (t) 2.5 to 1 Ruby (t) 25 to 1 Acrobat (t) 33 to 1 Meteors (t) 40 to 1 Curia (t) 60 to 1 knight of St. George (t) 1000 to 20 Old Noll (t) The next item objected to was 2,3371. 101., in respect of 100 chafes transferred to Richard N'icholson. Plaintiff ad mitted that Mr. Hudson was not to be charged with 1,800 shares. Me. Gray proved that 200 of those 1,800 shares were as signed to Mr. Nicholson. but Mr. Hudson bad been charged with 100 of those 200 shares. The arguments on this item were proceeding when the court rose. HUNTING APPOINTMENTS. ENOLIML Ilex Majeut3 'a, Monday. Bracknell ; Friday, Salt Hill—at 11. hale Subscriptbon (Capt. Weat's;, Tuesday, Freablord ; Friday, Farrinredon Gnerncy—at baMpaat I. Hon. F. Petra's, Taeoday,WityleS Italt.past 11. Mr. George Smith, **plaintiff, was called, and he stated that in March in the present year be was in Melbourne, and went to an *Knit of the defendants to get • third class passage home, but be said there was to bo no third class passengers. He then went to another agent, and ul timately he took a seconel-elus passage, ant pail 421. 10s. Gd. for it. The agent showed him a plan of the ship, and pointed out where the second-class cabin wee. Mr. Serjeent Byres objected to the witness's stating the contents of the plan unless it were produced. Witness continued—The vessel touched at Melbourne on the 11th or 12th of March, and when witness went on board the steward took him us the forecastle, and down • 1 ladd r right at the bead of the ship. Witness said, " You have made • mistake ; mine is a second-class cabin ticket." He said there was no one on :board to show where the cabins were, but he thought the passengers would not be allowed toga home in those cabins, and that the one they were in would be the second-claw cabin. Witness went to the captain directly, and complained that be had been put in the third-class place, but the captain said there were no third-clue metopes unless the sgeuu had made a mis take. Witness was obliged to take the berth showed to him, there were 55 or 6) persons in the same room. The ship's men slept directly over them; the stokers on one side and the sailors on the other. The pig -sties were on deck, close b 7, and the frith from them frequently ran down into the cabin, and even on the table, and one day, a pig itself tumbled on to the table. (ea laugh.) There were only two waterclostts for their use, and they were in a very bad state; indeed the filth from them was running about the deck, and they bad to walk through it. One day withers went to the proper second-class watercloset ; and ho was ordered away by • midshipman. The two others were unfit to go to, sad it was blueing SG hard that he caull not g a where the passengers had been in the habit of going. There was the scull ry close by, and that eas in a filthy and dis graceful state, as bad as the waterclosets. The piggeries caused a very bad stink ir. the cabin, and it was so bad that witness could not sleep in his bunk. There were millions and millions of bugs in the bunks, and the hunks were things just like • coffin. He tried at one time to get a berth oo the floor of the cabin, but it was covered with pas• eengen. Afterwards he slept in the long boat on deck. The state of filth lasted until after they had left St. Vie cent, and they wanted to glee a regular turn out before they want into Plymouth Soule— lie hat made complaints until he was tired, sad at last he was looked upon as troublesome fellow on board. The stewards they had were a man named Pollard, who was generally drunk, and who had a bad band, a third class passenger, and a boy. As to the diet, they were to have 'Ken treated as caddy pas. sengers, whicn meant that the provisions were to be pro perly cooked and put on table ; but the meat was never cooked enough, and the mustard was nerved in a broken cup. The salt junk they could out eat: and toe pork was an bad de y e raid not touch it. It was green when it was cut. Ile did not think they had preserved meat according to the scale. The moment a tin of preserved meat was opened he had to go on deck, it stunk so. As .to the preserved salmon, he doubted whether what was served was really salmon ; it was tasteless, but eatable. They might have had it every Satur day, but not half-a pound, according to the scale. Some of the dour was very good, and some of it was very bad. They did not get their quantity for the ship was short of flour, and the officials had to borrow of the third-class German passengers to keep them going. The raisins were magotty. Complaints were made and they were toid it would be all right after they got to the Cape. The peas were like currants in a cask, all of a lump ; they were black, and most of them fit for nothing. The tea was very good. As to coffee they had it four or five times. It was riven to them green ; and the mill made so much noise that the handle was taken away. It was said it was lost. When they started the sugar was very good, but in &bast a month it was said there was no sugar on board, and the allowance was stopped ; and they hod treacle instead for about eight or nine day', and after wards they had nothing. The cheese was good and bad, and when it was bad it was very out. They had not nearly their proper quantity. There was good butter on board, but they were not allowed to have it. He saw good but•er served out to the third-class passengers. Them was some good rice on board, and smite not so good. It was not cooked; it was hard, and used to stick in the teeth. They went to the cook, but he was very abusive. Preserved potatoes he never tasted; he thought that there were some served to them, and they were very good. The tripe stank awfully. He thought the preserved meat had, hut the tripe was worse : it was no' fit for a dog. He tried many times to eat it, but could not. Of tam they were very short; they did not have half what they ought to have had. There was oatmeal on board, but they could not eat it it was alive. (A laugh.) He complained of this, for he wanted some gruel. One man had a basin of gruel, but he could not eat it. He complaint d, but was tall that there was none other. As to preserved milk, they had that for the first month, but not afterwards. He had stall red in his health ever since this vilest , . and he attributed it to sleeping in the long boat on di A, but this he could not help doing. He had had the tie doloretia ever since, and he was in bed last Saturday and Sunday, and was so bad that he thought he shou d not be able to be in court today. He had never had the complaint before. He had been to the diggings. Ile had applied to the company when he came back, but he had nu offer of any compensation. Several witnesses were examined, who corroborated these statements of the plaintiff. This was the plaintiff's case. Mr. Serjt. Byles then addressed the inry for the defend ants, and the following witnesses were examined on their behalf Captain James Simpson Hutton—He was captain of the Melbourne home and also on the outward voyage from Lisbon. The voyage back required a larger quantity of coal than the voyage out in consequence of the wind. The outward quantity of coal was 950 tons, and the homeward quantity 1,650 tons. The outward voyage coal contained 75 per cent. of carbon and the homeward coal only 45. They calculated 40 days from Melbourne to the Cape. On the voyage the engine broke down nine times, the fan of the screw once, and the connecting rod several times. They had to put the coal farther forward, and they only had 25 tons when they got to the Cape. The amount of accummudation by the Passengers' Act was 16 feet, bat theirs was 32 feet for each individual. They had 14 adults and five children, which would count as three ; these were all third-class passengers, and they had berths in the fore castle. They were short 17 men of the crew. They had five third-class berths in the forecastle where the sailors would have been, the others had berths, and there were about 10 vacant when all had taken places. They had 66 days' consumption when they sailed from Australia. He heard no complaint of these provisions. They had 76 first class passengers. The same preserved meats were served to the first class and second class tables. This included beef, pork, ham, dic. In tea and coffee there was no differ ence. On the 29th of Aped they found sugar was short, in consequence of the water haying spoilt a cask. Nothing had been short up to that time. Afterwards they served Mauritius molasses instead of sugar. It was of fair quality. Before they got to the Cape there were complaints of cheese and ham, and they were short about eight or nine days before getting to the Cape. A: the Cape they took in • very large quantity of provisions, they having pro vided for 66 days from the Cape. It cost 7,0001., and there was a great deal now in store. They go: all the provi sions of which they were short except preserved milk. They had abundance of provisions from the Cape. They had taken on board seventy sheep, and two very large oxen at the Cape. At St. Vincent they took in two little animals, but he could not tell what they were. (A laugh.) The first complaint was about twenty-five days after they left Australia, and that was about the pea-soup. It was said it was not well cooked. He spoke to the cook about it. There were complaints of the rice not beirg well cooked. A cask of pork was complained of, and it was found to be bad. Another wassubstituted in its place. Once it was complained that the pork had not been properly cooked, and there were complaints of the ham beiug in a putrid state. The cook said there was nothing the matter with the ham, and witness thought that was so. There had not been a single complaint from the first class .passengers. They took all their bread from England, and most of the biscuits were rebaked at Melbourne. He never heard of a complaint of the biscuits until he came into court ; nor of any other complaints at all except those he had mentioned. Three or four tins of preserved alwaysmeat d a o e h d e r t s h e w e e e re w a s e u 1 a l se less i t ut baded far h. h t e me n T t h h a i e t voyage than he had ever known before. Tripe did not smell well at first when opened, but they ate tripe in the first-class cabin twice a week, and it was very good. He denied that he had expected to get any provisions from the Adelaide, but what he did expect from her were some can dles to fit a particular kind of candlestick they had, and some soap, and those things they afterwards got at Mel bourne. He heard no complaints about the cabin; it was properly cleaned. There were large quantities of gold in the cabin, and one man told him that he Lad worn 17tha. of it upon his person, and it had lacerated his flesh. The water-closets were furnished with Daweon's patent pump, gnu the first complaint as to them was made between the Cape and St. Vincent. There were three closets for the second class passengers, and six places of accommodation for men in the forecastle. He sent the carpenter to the water-closets, and he himself frequently saw them cleaned afterwards. The sleeping places were cleaned by Holystone, but in accordance with the doctor's directions they were not wetted. The pigs were kept in the top-gallant forecastle, and the live stock was placed in the best position he bad ever seen it in. It was impossible for anybody to sleep in the cow-house or pigsties, for there was notpig pig-house.' T m;but hae boilers were 3 personmightha 2 fevesleet abaft h slept on the te to e : Lin o! the The best cabins in a steam vessel were the bow cabins, and in steamers which were first-class all over, those cabins were first taken. He did not believe that any plan of the Melbourne had been sent out to Autistic. Messrs. Broad foot, anthem, and Co. were the company's agents at Mel bourne, and not Mr. Fry, of whom the plaintiff had taken his berth. The females bad treed the trst-class water closets. There were two entrances to the second-class cabins—one nearer midships than the one which had of. The third-class - -es used the COURT OF QUEEN'S BENCH.—YESTERDAY. MIMI/ AT DIM PILWII.—DVIONE GO MM CAMMI.I. LOU SPECIAL Jeans. NON•ATTENDANCE OP SPECIAL JURORS. Several special jurors, who had been summoned upon the Seat cause on the list, not being present, Lord Campbell said that the tea of tow only out of 24 having answered to their names, arose partly from the scandalously negligent manner in which the list was made up ; the names of persons wl.o had gone to the other world being left upon it, and also the Lame of his brother Martin. who was probably at that moment administering justice in the Court of Exchequer. At the same time, there were a l number of gentlemen who had been regularly summoned who ought to have been there, and to whom it was very discreditable to neglect their duty. The common jury had attended very regularly, but the special jurymen, who had not an unfair recompense for their services, entirely neg lected to attend. He should fine each of them 101., and if that was not found sufficient, he should increase it upon a future occasion. Albrlghton (Mr. Helier's), Tuesday, Ran Dam ; Thursday, Bagley Top Ilouft; Satur , :sy, Apley—at hall-pant 10. Atherstun, Monday, Nes told Gate ; Wednesday, Clifton Vilma ; Friday, Newnh ire; Saturday, Ham's Hall—at to qm•tar toll. Burton Hunt (Lord IL Bennet:les), Monday, Vaidingworth Grange; Tuesday, kagle HMI; Wednesday, Spittal ; Thursday, Wellingore ; Friday. Maltby; Saturday, hoop alek—at 11. Blaekmoar Vale, Monday. Uremia Hid Gate; Thursday, Cross Keys, Lydford ; Saturday, Holton—as a quarter to 11. Bailsworth, Tuesday, Birnsttale Bar ; Thursday, Hcmsworth Lane Ends; Saturday. Norton tillage—at half-pest 10. Branham Moor, Monday, !tabby Orange; Wednesday, Gateforth ; fltday, Iseiubton Bar; Saturday, Scholes —at hell-mot 10. I Duke of Beaufort's, Monday, Milkweed; Wednesday, Stanton Park ; !W Satur day, ay, Lower Woods, Dumb Jockey—at halt-past to, Crawley and Horsham, Monday, Lowdeld heath; Wednesday, Ike donne Toll Cue; Friday, Lintord Village—et a quarter to 11. ' ClOsolika, Monday. Norton; Wtalnsrday, Poole Hall ; Thursday, wywwibmbam—at half.past 10; Saturday, broomlands—at 11. Gollsemere, Monday, Cathy Wldmfl ; Tuesday, ; Thurs day, Ileanan vr‘ovintiil ; Saturday, Little Dalby—st 11. camikaidgeshire, Moniay, Woresley Turnpike—at half-past 10. lkwon, South (Mr. Drake's), MontLy, Chilton tillage; Tuesday. Couieford; Thursday, Whitmore Green; eaturisy, Glutton Tows —at a quarter to .1. Imes (air. Greases's), Monday, Willingale ; Wednesday, Thoby Priory ; Saturday, the Kenn* la—at 11. Essen Union (Mr. Parker's), Wednesday. Farnbridge Hall; Satur day, Aihingdon Wants—at Lacs, but, Tuesday, Finclalngfied Tows ; Thursday, Shclmilen Angel; Saturday, bleb Garrett—at half-past 10. Koss and Suffolk, Tuesday, Ardleigh Street; Friday, Tattingstone White Horse—st • quarter to I I. Years, South, Tuesday, Huston Blacksmith ; Saturday, Cortett'a Toy—at 11. tart Monday, Lifford Cross Roadi ; Wednesday, Bythorn Toll Bar; Friday, Arersley Wood—at 10. Mr. Garth's, Monday, Hare Hatch; Wednesday, Bull, Swallow field ; Friday, Newnhas. Green—at half-pest 10. 11.11., Monday, Alton Butts ; Tuesday, West Tisted ; Thursday, Lunway's len; Saturday, Wham Village—at a quarter to I 1. Manley, Monday, Winchester Racecourse ; Friday, ball Down—at a quarter to 11. lleythrop (Lord Reelesdales), Monday, Emitter's Barn ; Wednes day, Langborougii Gate; Friday, Tangley; Saturday, Dean Cross Rusts—at half-put 10. Ilambledon, Monday, Broad Halfrony Down; Wednesday, Car bridge Common • Friday Fisher's Pond—at a quarter to 11. Uurworth, Tuesday, lialton tiWge ; Saturday, Low Middleton — at half-pest 10. Holderness, Monday, Benningbolnas Had ; Tuesday, Eyeing ham Park; Thursday, Burton Agnes ; Friday, Lund—at a quarter toll. Ingram's (Mr. 11. C. Mermen), Tuesday, Kedleston Inn; Thursday, Aston ; Saturday, ladborne—m a quarter to I I. Last Kant, Tuesday, Synch Gate; Friday, Iteindean—at half-past 10. liaMow„ Monday, Mary Knoll ; Friday, C:nr.bury Gorse—at half. graotN. Mr. Liondars Monday, Gringley; Tuesday, Gateford Bar; Thvargeg, sky; Friday, Grove—at ball-pest 10. Ladba d rry Illeaday, !gathers Loa. Staunton; Friday, AetonGreau— bello MeassoneadoMe, Monday, Laaligiollouse ; Thursday, The Ilendre —on halt pool N. Gabby, Manday,Cranfold; Tboroday, Cotten% ; Saturday, Hall Wasson—at • poor lo geinnork—at lodtpaot 1 ; Tuesday, Cratt -I,77.Z.draw. Friday, Fos Saturday, Badby soun Flo a r&= ••=m Mood Safi . Thursday, Chrishall Grange ; Pen (Mt Mina ), Monday, Sudan Hall aid Illstan on Its NM; Tnodlky, Class; Wodnesday, Loweaby Hall •, Thursday, lissarmanor Park mad SIMMon Wywille ; Friday, Kirby Gate—at 11. ItroMord, Monday, Kier; 'Doodah _Newbouad Mill; Thursday, Priory Walesbr Vlllsge—ar half-pan 10. DaFo of Ratlandrs, 111ty, HMV (trudge; Tuesday, Byston ; Welesolay, dorlimiaw's Mill; Friday, Mtvorbolni Priory—at half -18. Irma Statordlidoo, Monday, Woono ; Weinniay, Three Crowns, Mai% war Komi /*lay, Ilinstock—at balf.gom 10. Soong Union , Mondry, B=11111; Thursday, lanyards; Saturday, Nosbary Park—se kalf.gsa IS. Isonalsire, Maolloy, Mies Bmrueß ; Friday, Fos, Albrighton—at TURNER V. THE MIDLAND RAILWAY COMPA.NT. CLAIM , YOR LOST I.T.:OOAOE. Mr. M. Chambers with Mr. J. Browne appeared for the plaintiff, and Mr. K. Macauley, with Mr. Edward James and Mr. Bovill, for the defendants. This was an action brought to recover the value of some luggage which, as the plaintiff alleged, had been deposited with the defendants, and lost through the negligence of their servants. The defendants, by one of their pleas, denied the delivery of the luggage to them. The plaintiff is a commer cial traveller, and on the 28th October ;18.52, had gone in an omnibus .from an hotel at Derby, in order to take the II o'clock train to Birmingham. On arriving at the station, be asked the driver of the omnibus to take his luggage on to the platform. The driver refused to do so, as it was contrary to the regulations of the company. He took in the luggage himself, and as be was too kite for the train, ho de livered it to a porter, who placed it on a truck, and he went to call upon some persons until the starting of the two o'clock train. Oa his return to the station he did net see his luggage, and, supposing it had been placed in Meat die vans, he started to Birmingham. He missed lth I when he arrived there, and it had not since been found. The value of the luggage was admitted to be 151. The defence was that the luggage had never been deli vend to the servants of the company, as the driver of the omnibus had assisted the pinin'iff to put it on the platform, and that the plaintiff was so intoxicated, or muddled " with liqour, that he was not able to take care either of his luggage or himself. The omnibus-driver, the superin tendent, a clerk, and a guard at the Derby station, were called to make out this case. Lord Campbell, in summing up, said the issue the jury had to decide was one of great importance with regard to the plaintiff's character. They must, however, say whether they could trust to a person who appeared to have so imper fect a memory as the plaintiff. His want of memory was scarcely to be accounted for but on the supposition that, on the occasion in question, he hardly knew what he was about. But it was for them to say whether they believed the story told by the plaintiff, or by the witnesses for the defence. Mr. James submitted that the defendants would be liable if the jury believed that the luggage had been deposited on the platform by the plaintiff or the omnibus driver. Lord Campbell held that they would not, if the jury believed the evidence of the witnesses for the defence, that the plaiatiff had refused to have the luggage taken to the cloak-room, saying that he would take care of it himself. It was of the last importance that railway companies should punctually discharge their duty to the public; but it would be most unjust to impose on them a liability that did mit belong to them. The jury, alter a short consultation, returned a verdict for the plaintiff—damages lit. Lord Campbell directed execution to be stayed until next term. - _ IserM . l6. Woma, Gras - Thursday, Trundle" Wood; Se. tuedayles walk • tartar to IL S 1441 (Mr. Talltwell Hall; Thurs. dat i )lll .2. 6st Sudals t rgarif ka, Wood—at 11. James .Ikosalrblea—at a quarter to 11. Smog Toosim Par Anchor, Old Cleave; Friday, Imikymit le. • Toollay. larbrommelde; Friday, Ossaklkirk Bank Te ri SEWS% Weft 'Wow Bassels; Tuesday, Oars Hill; Wednesday, Mamma Wood; Ilsondsp, Pada= ; Nether. rives ; Saturday, Ramp Well—at It. Mr. Trelawnybs, Tuesday, Doodad Barn; Saturday, Skerrator Pares—at halt-pest IL Vatted Pack, Wednesday, Ridgway Gate; Saturday, Hurst Liam — at Viso, Woodsy, Polio Ind; Thursday, Sulltaasstead Hoses ; Ss twig. Wm Three Lomat (Vas—at a quarter to 11. _ll/Zircoa'i Hones; Tuesday, Weston Hems TBatuday, iloors; Friday, Farnborough—at a quarter to IL Wbsollimd.Tisoisp. Ilembey Hall; Friday, Billingsley—at half. peat It We W. W. Wpm% Weraday, Whits Mere; Wednesday. Shock stow Llamposk Il i a a torda y y6Ziofilrad Kennels; halt past ten. BM NM; Oadesdell Pawn —at had.past 11. Wsobsairo Nonsill Down Turnpike Gate; Thursday, N. North W , Hay Wood; Thursday, Rugby ; Mc. arday, a goorlor to 11. llooda 4 Madleed Cate; Tuesday, Sewn Stoke ; Ph , Sodom Hill—at half-past 10. Mr. whawighWaididsaitylbOblekleby; Wedneedar, Aldby Park; Friday, ilialtilain bald—at half-past 10. EarlelT Limon station; Wednesday, Lin wood Wenn . Lodge—st 11. York sod Ospessedlssepe; Thursday, Ripley Sta. tick ; °kiw i:slut s IL Las Somarer—Boolos the immethe of DeremberAnuary, sod Pstemogy. tie r eassemilemse_ of wthemes hunting with Lord Doves Hs_ Ms fain doe la l ain at &MI evening, will start !tamps Welwyn Masa at 5.13 evening, on Mondays, Wednaditys, sod Wigs. watm BrasemMins, Pisierbri.Wammayssolt Ommots; Wednesday, Comp; Friday. Lkadaw—et It. STISSIsm, Wamilay, Pilobas; W•dmeaky, ineseane; Saturday, Dyke—ai WNW tell. Brookaida. iWday. Newmarket Hill; Thursday, Telmombe Tye— at balt-past Iw 8.V., Twalday, Sturminstar Gammon ;Saturday, Pointingtem Map —st half-peat 11. Cawthcome, Monday, Dayton; Thursday, High Hoyland—at half. past 10. Mr. Evan's, Wednesday, Bennington Hall; Friday, Smetbe Oglsoctras Kt Andrew—at 11. High Perk, Tuesday, Meneyash; Thursday, Grange Mill; Sitar. &hi:Lir:area—at I. Monday, Monkton Sea Mark; Wednesday, Chislett Mill; Friday, IllegroTe—at half-put Tagus), TVAilday, Pidk's Arras, St. Mary's Chureh—at half-past 10. Tunbridge Wills subteription, Monday, Croburough Cross; ntirs day, Wadhurat—at half-pan 10. Wonhini, luesday, Outing Cross Roads; Saturday, Steep Down — SCOTCH. ORIBBILL V. THE GREAT WESTERN RAILWAY COMPANY— DRILA/LAGIE Uk' A CRAIN. Mr. Lash and Mr. Bovill appeared for the plaintiff; Mr. Crowder and Mr. Bethink represented the defendants. This was an action brought by the plaintiffs, Messrs. Grimell, who en ironfounden, carrying on an extensive business, to recover 711., the value of a large iron wheel 14 feet is diameter and weighing between five and six tons, which had been destroyed in consequence of the breakage of a crane belonging to the defendants while it was being taken off a carriage at the Paddington station. The defendants had agreed to carry two wheels of the above-mentioned size from Birmingham to London for 601., the plaintiffs to find all the necessary labour, and to take all risk of the transit, and the defendants only finding a train and a crane with a chain at Paddington. Whilst the wheel was being taken cff the carriage the chain had given way, and the wheel had fallen on the ground and been broken to piece.. The other wheel arrived and was unloaded without accident, but the defendants detained it until the 501. had been paid. The amount for which the action was brought included the 251. paid by the plaintiffs for the damage of the broken wheel. Mr. Crowder contended that, by the contract, as proved by the correspondence, the defendants had carefully guarded themselves against tskiug any risk of damage of the wheels. Lord Campbell held that the cotupany had undertaken by their contract to find a crane reasonably sufficient for the purpose for which it was intended. Mr. Crowder then addressed the jury upon the point of the sufficiency of the crane, which, he contended, had been broken, in consequence of the manner in which the chain had been affixed to the wheel by the workmen of the plain tiffs. A number of witnesses having been called to support this view of the case, Mr. Lush replied. Lord Campbell summed up, and directed the jury that the contract was proved as set out in t!--e declaration ; but left it to them to say whether Or! chain was defective, or whether it had been broken through the improper use of it by the servants of the plaintiffs. Mr. Crowder having tendered a bill of exceptions to his lordship's ruling upon the point as to the contract, The jury, upon the other returned a verdict for the defendants. ti. , _'iii; COURT OF COMMON PLEAS.-YESTERDAY. 111111101 AT )1111 MCI IA 111DDLISIA. 1111011 Clllll Varlet at U. Capt. Tait's, Wednesday, Mile US Mins Ilillhead—at balt-past H Gar f le" Monday, Mulbuddert; Friday', Eistth Mile Stone—at Ward Unica, Wednesday, Ward; Saturday, Unaboyde—at 1. MA IM "MR Kildare, Tuesday. Blavinguan; AM Thursday, lipatstoem ; satur&T, ewarti•—et 11. Mr. Langworsh's, Tuesday, Curreen ; Friday, Carn Park—at 11. Meath. Monday, Knoeitdrln ; 'Tuesday, Loughtress ; Thursday, tio letrulle ; Saturday, littioessan—at 11. Milo& Chat*, Tuesday, nakandle Park ; Friday, Rosboeough— t tatteen's County, Tuesday, Tiesahoe; Saturday, Aababoe—at 11. ltuute, 1 uesday, 11.sliyrnoney ; Friday. ("laugh—iv 11. ipperary, Wednesday, litteuoley; Saturday, Colemat CTOIN Roads • at 11. CEYLON LAND COMPANY.—The meeting of this company convened for yesterday did not take place. The solicitur, before the hour lined for commencing, locked and sealed the doors and took swap the keys. AIIU ♦ VOXIWN 11:11V. lIMITH V. Till ROYAL MAIL STEAM NAVIGATION COY PANT. YHI KILBOURNR AGAIN. a h t Th o ah . 04ou :IN; once oi drip ham nve i no:gnwid, fresh a cs. , mmi sometime, short taistm: ; . milk,,tentr:tir they en yyas lefts g en a : r kn , the.mustard, bllo hl ae Cape,tft , . t a bats. n eaurne, d dlot khi itaken ay. When the stank was sho r t he p asmised them that , tney ns i i n e, 01 ni taegtrue:Sc usual :het ; lt i n on c oo e rct n d: i i ordinary : u7 t tt w chbo o nuwal s ani m asdct e a l l . d b u lgl goats tand there. they were very p. good, and were always eaten on board first class steamers. l e a ti r: l a y a n s c r o c ° o n m f , n u t h:e h i o a d t p e " :is o obiutt below. w t ire upper one. They scraped The bunks were dirty. and one day a stoker complained to him that there were bugs, and he brought him one animal for inspection, but that turned out to be a cock roach. (A laugh.) They had plenty of water. They had three persons to wait in the second class cabin, the troper number being one to twenty passengers. Mr. Green of the hem of Linklator and Co., of Mark lane, contractors and provision merchants, statid that his ' brim .supplied all th, articles mentioned in the scale, to the Melbourne, and their charge was 2 , 6 191. 2s. 9,1. Better , articles could not he had than those they supplied. It was not possible to prevent a cask of pork now and then being had. Junk was always hard. It ought to be soaked and boiled in salt water. The biscuit was the best that could be procured. lie saw the provisions that came home, and they were loan unexceptionable state. Tne biscuit was so good that it was rebuked, and was now on its way back in the Srdney. There was only one tierce of beef, and one other - article which were condemned, and those were bought at the Cape. 1 Cross-examiued—The greatest care was taken in fitting the M.lbaurne, and the directors' instructions were to Is o u . r o p g ly s t o h n e b o e oa st r e d rt t ie n l e es s . ynTnhoeyy, includingresbp p e r d esn a g g v r en e at ni m t e a n t y , tongues, 'Sc. Mr. M'Caul stared that he was a member of tho firm of lii•chie and M•Caul. They supptied Messrs. Linklator i with the preterv:a meat, and which was, us was ordered, of the hest quality. Dr Itmeywood said that he was the surreon of the Mel bourne. Tne 11.`1.17111 class cabin was better ventilated than the atter part 'at the vessel. The temperatute was I,wer. The health of ti.e a. cund class passengers was extremely good. It was so good that he should baruly hay.: expected an engagement •., go out again, fur there was ii-thing for him to do. The inaintiff never complained of his health. Ile nleer went .1 on in the cabin wi‘h a short pipe, as the plaintiff said. 'last was part of the tissue of falsehoods Iwhich had been stat , d. The second class passengers WI. very dirty in their habits. lie saw the second class cabin cleaned from time to time. Crossexamineil—:he passchgers were very healthy. Ills I)z:tit was mi".•hip+. in the neighbourhood of where the toconil class berth. were on the voyage out. A: this point fr.! further hearing of he case WM alliallftled, ..it wasatuted tile the defendants had ouiy two cr three more witnesses to call. te:/ URT OF BANBRUPTCY.—YEz ERDA y. 110.4111 ma. weisISSIONSIIOOI'LkIUIW. IN ILE bEAU.:OI.—CAMP. OF THE LATE L'NUER•SHEILIEV OF This was the lA3t examination meeting in the case of Charles Seagrim, attorney, of Winchester, and lately acting as eader.eherili to: John Shelley, Esq., the high sheriff of the county of Southampton. lie had been made bankrupt as a gu manufacturer, through Lis connexion with the Winchester (3.1,1 Lighting Company. Tins was the meeting fir the let exentinatim; but, owing to the eat, at of the bankrupt's tee:isle:ions, involving two former partnerships, Messrs. Hart, bretners,who are engaged in the preparation of the account, had not been able to file the balance-sheets. Mc. Lawrence, cc. behalf of the bankrupt, asked for an najo .rumen: of Mice months ; to which, he understood, the assignees would consent. M.. Bag' , y said he appeared on behalf of J.ohn Shelley, Ewe , the high sheriff of Hampshire, to whom thu bank rupt had acted as under-sheriff; and ho was desirous of neaLing some inquiries as to monies received by Mr. Sea grim in that character, and for which a claim had been mode on Mr. Sheiiey by the Board of Inland Revenue. The high-sheriff was of necessity very much piremally Ita sca:tainted with theatre:es of his office ; and on this ground he sought for information as to the amount which had been received by Mr. See e rrirn. His Honour diuhted whether he ought to sanction tele proceeding, in , rely for the purpose of gettiug infor mation out oe the bankrupt as to the sums due from him. Dlr. Bagley said the claim re-ulteil entirely from the relations between the high-sheriff and the under-sheriff. Ihe Commis+, iner—Does it affect the estate of the bank.- rapt ? Mr. Bagley—lt also concerns the estate of the bankrupt. Me. Lawrence said it would save time, and would answer the pull:rise of his learned friend better, if the bankrupt were required to furnish an account of his receipts as under sheriff. The Commissioner—Has the high. sheriff proved 1 Mr. Lawrence—lle has not. lite:Commissioner—Then what locus standi, have you, Mr. Bagley, to esemine the bankrupt ? Mr. Bailey—My only reason for not proving is, that he does not know toe amount that is due to him. Mr. Lawiance-1 hat is precisely the information I pro p°, to give my triend in the account to be rendered. The Commie-haler—According to Mr. Begley's principle, if it he a principle, anybody may come into court, and say lam a cr.f.tor, but I have nut proved, because Ido not know what to prove for ; and I claim to examine the bankrupt on that head." Mr. Bagley—So equitable are our arrangements in this court, that a bankrupt is allowed to be opposed by a credi tor, on the creditor undertaking to prove at the proper time. Mr. Lawrance—At present it is a question whether we are not liable to the crown for the amount you claim. The Commissioner—Unless you can convince me to the contrary, Mr. B igley, I don't think I can ellow you to pat a question to the bankrupt until you have proved. if yon prose for arythine, your proof may afterwards be increased or diminished, according as the state of the accounts may show to be necessary ; and Mr. Lawrence undertakes to render you en account. Ido not think that a high-sheriff can avail himself of a bankruptcy in this court for the purpose of set - Lag an account between his under-sherill andlhimself. Mr. Laurance—At all events we will give everything that could ;pcnsiely he obtained by this inquiry. 1 will undertake that my client shall furnish the high sheriff with an account of ail the monies he has received in his office. Mr. Bagley afterwards said he was prepared with a prow , amounting iu the whole to 301. is. 10,1., for arrears of land tax and assessed taxes due to the crown, and which had been received her the bankrupt. When Mr. Seagrim be came bankrupt Mr. It. W. Simmonds had been appointed to succeed bins as under-sheriff; and the proof was sought to be made on his affidavit. The Commiseicner—But I have yet to learn that an under-sheriff can come and prove for his high sheriff. Mr. Bagley—lt is every day's practice for an agent to prove for his principal. The Commissioner—l beg your pardon. That is not done except in cases speciaily provided for by statute, as those of joint-stock companies. Mr. Lawrence read the proof. It stated that the depo , nent (Mr. Siramonds) had been appointed under.sheriff in the place of the bankrupt; that application had been made to him, on behalf of the Board of Inland Revenue, for arrears of land and assessed taxes; and that he had learnt from Mr. Taelin, Mr. Seagrim's clerk, that the said sums had been duly paid to the bankrupt or his clerk ; also that the sum of 101. had been received by the bankrupt as a fine for the non.attenlance of especial juror. The Commissioner—On whose behalf do you tender that proof—the sheriff or the under-sherif f ? Mr. Bagley—On behalf of the sheriff. The Commissioner—Then the sheriff must make the affs ' davit. Can you refer me to any statute, or give me any authority to show that an under-sheriff is empowered to make a proof for the high-sheriff, as in the ease of agents authorised to CUE or be sued for public companies? lam aware of no such case ; therefore I cannot depart from the ordinary course. And Ido not see the necessity for this, when the man tenders you all the information you want. Mr. Bailey—That is only done at the last moment. I am not at all surprised that those who represent Mr. Sea grim here ebould wish to avoid all disclosures. Mr. Lawrence protested against this imputation. Mr. Bagley—Tie under-sheriff is invested by statute with the powers and obligations of the sheriff ; and he now comes hero, b nag called upon to account to the crown for sums received by Mr. Seagrim while be held that office, to prove against his estate. I only wish to make such ineei ries as will be necessary to render toe proof complete. This is money received for the crown in transits: ; and those who represent this eseate ought to be most anxious to have the matter investigated ; tor, as is well known, the rights of the crown altoecther override a bankruptcy. Therefore I. want .o know tram the bankrupt what monies he has re ceived for the crown in his office of under-sherif f , so es to show the preciec amount due. The Commissioner—l cannot think, whatever respect I may pay to the oeinion of any learned counsel, and to none more so than to Mr. Bagley,that I ought to make eu entirely new state of law and practice upon the present oec.asion, because be repr_seats a gentleman tilling a respectable and eminent posit tan in the county of Hants as the high sheriff of that county. He is not to be exempted on that account from all the rules, laws, and practices that have hitherto ruled the proceedings of this court. He asserts that Le hoe a claim against this bankrupt, the exact amount of which, owing to relations existing between them as high sheriff and under serif', he is linable to ascertaii. ; and lee wishes to question :he bankrupt as to the amount he hu received. Hr has no such right, and no locus standi, without tendering a proof. A _proof has Seen tendered by Mr. Simmcmdo. the under sheriff, which the learned counsel says he tenders an behalf of Mr. Shelley, the high sheriff. I am clearly of opinion that a proof, in rich a form, and under such circumstances, cannot be received. Certain cases in which agents are allowed to peeve ire p. , :uted out been spoken ot The plaintiff in this case complained that having paid e ntrance '—- - 1 """" 1 in the forecastle. He examined the raisins in con- by the acts of parliament, bat they us chiefly the cases of 421. 10e. for • second-clue cabin lounge from Melbourne eequence of a complaint, aed found that they Were over public companies : and I have yet to learn that a bigh t° London, and the defendants hating agreed to provide I weight. sheriff coo prove by his under-sheriff. The ogees'. cannot him with all second-class cabin regattitei, except bedding Mr. Arthur Ctillmore produced a plan t.f the ship which come here and ma .e oath, and allow his prineipai to remain and linen, and also with meat, drink. and provisions ac- Ihe had made, and which he proved to be correct. behind. cording to a certain scale, they had broken their agr,etnent Mr. John Alger was purser of the Melbourne, both Mr. Bagu y said he also appeared on beta:l of lady and had not provided him with a roar birth or proper lie cad Anted in a 'Mailer Mildmay. tor whose estates Mr. Ltagrim had been steward gtiug to Australia and back. the Cape and f amts . He also , lady cabin requisites, nor with food proper in quality or M capacity for eight years. The home Tome to longer than that out; and the kind of coats they had burned ship's manor c•surts, in which character he had received, quantity. Ile also complained that the defendants had I faster than the ordinary coals. They had to have more from time to time, fines from the tenants. Some time before allowed the cabin and the deck to rem tin in a filthy state, I coals, and the seeend-class saloon was made a coal bunker the bankruptcy he was pressed for an amount of the rents and so injured the plaintiff's health. The defendants, by of coming home. The see tel. claw patseagess had other received. and furnished one, showing a balexce due from their pleas, denied all these al:edat r .'2*, except that they accommodation, anu the third-class pt.sst egers had separate hint of 1.266/. Since that time various tines had been laid admitted that there was at one time a scarcity of provisions, accommodation from there. A day or two cater they came by the tenants, which had not been included is the account. In consequence of the vessel being de!ayel by the perils of on hoard, the second-class passengers complained that the lie wishsel to ask tits bankrupt if he had received certain the sea. third-class passengers were using the second-class accomme- sums, and how they had been appropriated; bat he Mr. Montague Chambers, Q.C., and Mr. Needham were dation, and the witness at once remedied it, and a separate avowedly sti ted that he was not in a position m tender a for the plaintiff, and Mr. Serjeant Dyles and Mr. Lush for place was provided. lie found that third•elass passengers had proof for Ledy Whinny hecause she had not the materials. the defendants. messed in the second-class cabin, and that was put a stop The C4llloailiiollOt—Hive you no aftidavitoficitg hind I