The Express. — London, England, 1851-08-09 00:00:00

't I THE DINNER TO 141 L PAXTON AT DERBY. On Tuesday evening but a grand hangers vim given to Joseph Paxton, Esq., in the N, w.tssembly lieorns, H e rby, by the gentry of that town, O . :inlaying their ,rpre t. don of hi• talent and energy in causing to be carried out his design of th! Crystal Palace. About 300 act down to dinner shortly after five o'clock, @erred up in a most pro fuse and elegant manner, by Mr. Huggins, of the Royal llotel. The rola% wan embellished by }owners ar. I devices which gave ■ very beautiful cffirt. Amonest the company we rinti-ed T. Gishorne, Esq. (chairman), supp , ,rted on his, right by J. Patton, Esq., Mr. ilinaerson, the Mayo: ofl Derby, Hon. Mr. Stratt, Evans, Eeq., M.P., M• 1 Baas, Niq.,11.1'., L. Hcyworth, Eet., 31. P. ; on the chair maa's kft, the Date of Devonshire, G. Caventheb, X.P., the High Sheriff for the county (I'. Bradshaw, Esq.),l W. Mundy, E.q , M.l'., Sir 11. Wilmot, But., M.P., Mr. renansissionir It slim, Mark Lemon, Esq., J. Forster, Y.sq., Horace Mayhew, Esq., dc., de. The t HAII:MAN, after reading letters from gentlemen unable to attend, gave The Queen ;" and, in so sluing, alluded to the fact of her Majesty visiting the scene of emalry unattended I.y any military or defeusire body guards. Air, "God save the Queen." Thu CHAIItMAN gave •' His Royal Highness Prince Albert." It was a mod difficult position to occupy, that of Priem: Cowart, in a nation, and to •step Mimi! . free from all jealousy and ill-feeling. Yet such had been the ease by our prtszat Princo Coition. What a mwr.ifieent and puissant idea it was of l'rince Albert to think of con centrating together the skill and ingenuity of all nations, with which bad been blended so much that was great and . noble. (Cheers.) 'flit CHAIRMAN, in highly eulogi-tie terms, ear The Duke of Devonshire, the Lord-Lieutenant of this county." (Loud applause.) The Duke of DEVONSHIRE, on rising to return thanks, was hsileil with several rounds of cheers. He said that the kiudnea and indulgence of his D srhysthire friends were always the same to hiin. He wan delighted to meet ritern on an invasion so interesting, anti to find that so many had given their nsmes and tin it sanction to the ob j•-, tth it had assembled them. (cheers.) lfe said that a year ago, at a meeting held at Ilakeweil to consider the new, na.sgaificent, and as it lies now turned out„ the erni neatly sueeessfail plan of his Royal Highness l'riem Albert for an Exhibition of the Industry of all Nations, the design, description, mill explanation of the building now called the Crystal l'aluee were fee the first time made known to a public audience. The diMeulties en countered by the royal commisrioners had bizonse ap palling, and appeared to be every day irereasing, till Mr Prisfon came, and will, a plan as simple n. it was stupendous, roused an immediate chance in the current of public expectation. (Loud cheer.) At that II die well meeting he minutely described his intentions, which ni ease:Only listened to with great astonishment. ventured (said the Duke) to predict hi. sueetsr— •—atid I intended those who limn) mi. tai In and, r no sort of ahem, fir Mr. Paxton had never yet failed in anything he Lid undertaken. (Loud cheers.) Gentlemi n (eautinued the Duke),:has not the event justilica my winguioc as-ertion, and is it not clear that the method employed was not only the arickea woy, hut the only way by which the expectation of the whole world would not be ilisappoiuttil ? (lived beers.) The Duke proceeded to say that it was ar.lmnour. him to have hail his name connected with thaf gra :if work ; the perfection of it bad astonished everybody employed and emarerned. The compliment hail often bean paid to him of tieing the grandfather of the Crystal (Intighter and clivers)--Ishielt he thought Mad perhaps ! turned his head a little; but (said his Grace) it was Lot the possession of a few houses of glass and irou. serving per haps in some degree as models--it 11,611 the mind nt their inventor, well ri gut:dist. dear, and active—and the will, powerful and le rs, ...ring, that bad given itre,ortiinee to those objects, awl had It'll hies to the ultimate result ; the mind, On integrity, t he simplicity, and talent, that had raised him to he what he is, the pirso.; whom they had met together to honour, to be connected isith whom w.as lain pride, and to 1ne01..4 whose confidence was as grut:i . y :rig to his (Hie duke's) feelings, as his extensive Penile , had been csinduei sae to his worldly prosperity. (Vehement ;leering.) I, Ilia firm...then said that he emisiden .1 Mr. Paxton 10114 I fortonuti in basing selected 3le-sr. Fox and Henderson for the esecution of Hain great and, rhiLing. Day after day in the wi-der and in the spring he hi.( witnessed the unre mitting c , lll.util ability with which Mr Fox gave his eon sLutt and scientific attention to the colossal work in which hi- was engaged. (Cheers) Muth as Mr. ranee, had been hue the bet year the object of approlnviou, the duke knew hir to to alnue of that high feeling and great di Limey I , that it would have pained him to accept this token of ads =welkin had not a .iatilar compliment been paid to his frond awl asoniste in this town. ((•heers.) The Crystal J'alan• haul had a respite, and it was to be hoped that its future ds doly was secured ; and quite sure nut I (raid the ! duke) flash should the arTallftalnents and regulations be confided to the msentor, its merits and advent' ere • in 2 : act and stile would he. as striking anal as well appe as I they were in the first, (The noble dale was loudly eliveriii On resuming his seat.) The hada Hun. Mr. STRUT I, M.P., propoied Royal Cunerniosioners." The CHAI It M AN proposed the t. Health of Jo .ph Pay ton, Em. — (C10y..) liar twenty years he had I—s n on freemenh terns with Mr. Pollen. lint un the present oc c asion he only hocw him as the originator of th. Crystal Palace. When Vs ince Albert's magnilieent idea began to assume an existent, it was necessary that sonic preparations shai.iid b e made for recces ing the contributions of the industry of all nations. They meld not invite them to place on the 'Aube. 1.1 SAli.lniry their variant* goods- -no. they mot have some roVvrint!, AEI nil nations were conseepiently invited to send in plan, of a building adaptable for the purpose. Great sr tinted. and engineers began to knock their heady ao,einet emote and line I, --(laughter and Qheeree)— to thiouahld :Moulin mortar and eminent. when • gardener stepped in iensong them anal said, 't teentlemers, there's nothing like ! glace and iron." (Inughter and cheers.) The chairman then expeeseed his admiration of the idea which gave birth , to the Crystal Palace, the greatness of which no one at- tempted to dispute except Colonel Silohorp Ile (th e ! chairmen) felt murally certain that no man want,' dare a.. tar to go against the wishes of the people of England as to pull down that nuhle edifice. (Loud ebeerin4 ) He had great pleasure in giving them the health of Mr. l'extost. (Cheer...) Mr. I'AXTON rose, nod was nueiv..d with several rounds. Ile said —Mr. Chairman, my lord duke, and gen- I Vlernen. if ever I lab o ured und e r a difficulty in my life, or required of my friends more than an ordinary share of • their kind indulgence, it is on the present occasion. (Cheers.) Owe/powered by your kind response to the too l 'Lettering lecrount of me by my friend Mr. flishorne, I ask you to forgive me if I fail to express to you lea I ought my most heartfelt gratitude anal thanks for this mot distinguished mark of your public approbation. (Cheers.) I 11211 sat ao vain but I know how much of the prain you are goad, enough to reined me is due to your own kinde r .. ; b u t t it would be affectation more offensive than vanity if I, did not frankly acknowledge that I am proud at being connected with anything that h.O thi s day b niug ht toge ther so large • number of my friend ~ (Loud cheers.) Wei c Ito consult my own feelings, I should, after offer ing my most fervent thanks in. I fear, most (vital* words, re sume nay seat, and thus relieve myself of a rather onerous duty. But, gentlemen, I feel that this is no Ordinary seen mon, but one on which I shall be expected to do more than return you my thanks. (Cheers.) When the Exhibition,' the great event of our times, WAS first propounded, I hailed, it with unmixed pleasure ; it appeared to me like a beam of light of vast magnitude, embracing a field of operation, the true advantages of which could only be felt in alter' tames, when the great efforts made would unfold themselves ' he a thousand different and unlooked for channels. This is the seed time, the harvest will arsurvlly follow. (Cheers) Not only will the niechauical ingenuity of man find means for extended improvement, but the social nature of man ' will receive its rewards in the sweeping away of national , prejudice, and establishing between nation anal no - bon, and man and man, • kinder appreciation of oath other'. worth, and a more charitable 'new of tech other's frailties. (Cheers.) The fire; great fruits which the Exhibition has produced is now taking place at Paris. Nothing could ho more hearty than the reception gives to us everywhere from Boulogne to Pais. All ap- • teemed to vie with each other in giving us a cordial and hearty welcome. Themagaideent reception given at the Iliad she Ville sat almost have shaken the prejudices eves of Colonel Eibtborp. (Laughter.) We have nu place in England where such a dinner could be given as that of the Motel de Ville ; sad no place where there could have' been so magnificent • reception. What has long been de aired am .8 nations has been II mere free and unrestrained communiou of their inhabitants with each other ; when this shall fully take place it will not require the abstruse , study which is now requisite fo r a f ore i gn se- • rectory or minister to sonduct, the affairs of na tions with utisfaction to all parties. I believe - r.lithglend has added another wreath to her crown in e 21urious part she ham taken its first establishing an Eaintiition of All Nations. It is rather a curious fact, that there never has been • national Exhibit'on similar to that of many other countries, and that we should then at one, enter upon so gigantic a tusk as an Exhibition of All Nations behiro we had an exhibition of our own. To his Ducal lii.tliness Prince Albert the world to mainly indelit.il fur carrying out this moat wonderful undertaking, and to his royal Inghures belongs the credit of having persevered through most difficult and harming circumstances to so happy a result. (Loud cheers.) It was while this magni ficent scheme was passing over the shoals and quicksands that always beset great undertakings, that my humble efforts were called into request, and, at the risk of being thought tedious, I will venture to give you a short history of my connexion with it, and the reasons which induced me to furnish a plan. You are aware that as soon as the royal I commission was formed, gentlemen were selected as a build ing committee; to this committee was deputed the onerous duty of devising a proper building for the Exhibition. Their brat public act was to send out invitations for designs for a suitable structure. About 210 designs were sent in; but the committee, not finding any of these exactly in ae cori.ance with their views, set about devising a plan of their own: and on this being completed, they prepared detailed drawings and specifications for the purpose of obtaining tenders, The structure they propased to erect was severely commented upon in the public journals, on account of the vast amount of bricks that would be used in its construction, and the permanent character of the work. It was not until this war of words was raging with great fierceness that the thought OKI urred to me of making a design which would obi iate all objections. Fortunately at that time I we. erect ing a house of peculiar construction, which I had designed fur the growth of that most remarkable plant the Victoria Itegia ; and it is to this plant, and to this ciecumstanni, that the Crystal Palace owes it. direct origin. (Ilefee,l hear.) Being in Landon , and having to SN. Mr. Ellis, the member for Leicester, on business connected with the land Railway, I sought him at the Houses of Parliament,: and found him at a morning sitting in the new Howie of Common., which was held thereon that day for the purpose of testing its fitness for use. Sir Charlee Wmal was ad dressing the house ; bat not a word of what he said could be distinctly heard in the Speaker's Gallery ; neem which I obee.ared to Mr. Ellis that I feared they would make a mis take in constructing the Great Exhibition Building, and that I had some thoughts of sending in a design that would obviate the difficulties complained of. After a little further conversation, Mr. Ellis went with me to the Board of 'trade to ace Lord Granville. We did not find his lord ship within •' but Mr. Henry Cole, one of the executive committee, happened to be there. I went to No. 1. Old Palace-yard, and after convening sonic time with Mr. Cole, I found that tle• building committee had advertised that the plans and specifications for contractor; to tender would be ready in aboot a fortnight, and I also heard that the epecilications would contain a clause by which those who! tendered might also tender for design; differing from the plan of the building committee. (Hear.) Erum this =meat I derided that I would prepare plans for • glass structure, and the first thir.g I actually did W:l4 to go to Hyde-park and step over the ground, to ascertain the extent in length and breadth on which the building was to stand. Having made on engagement to be at the floating u 7 the thirfix•ilee of the Britannia- b ridge, I could not imminence the plans until after my return ; and it was at the Ntittlitad I station, in this town, in one of Vie cnmtnittee 1,1111. that the lira mark on paper was matte of the Crystal Palace ; and the most remarkable fact connected with the Crystal Palate is, that the blotting paper sketch indicates the prin cipal features of the building as it now stands, as much as the most finished drawings that have been mole since. (Loud cheers, ) In nine el tys front the time of making the blotting paper sketch, I found myself again at Derby, with a roll of plans under my arm on my way to London. These plan., live in number, hail, with the exception of one, been prepared be me at Chatsworth ; the one not pr, pared there had been made for me by Mr. Barlow, the eminent engineer of the Midland Railway, who kindly goes, me his valuable assistance in calculating the strength of the colitaiito and gird rt. (Chet re.) At the Mlidtmd station I had Vie good fortune to accidentally meet with Mr. Robert Stephenson. who had come from Newcastle by the WSW train in which 1 was going to London. On our kitten , y I -.booed the plans to Mr. Stephenson, and got him to read the specith Aiwa lie expressed his untountled admiration of the in sign, and promised to lay the plans before the royal commisai'm on the following day, which promise he fulfillme As Lord Brougham hail said so much in the Boum of Lords against a Mick building being erected in Hyde-park. I waited spotn Lie lordship and explained to him the nature of my plans. From that day Inc.! Bruit cham has never tattered a word against the Exhibition building, but on the contrary his lord ship became my warmest supporter. (Cheers.) I also showed the plans to Lord Granville before they went before the royal cnnamisiitiners ; and here I must remark that to Lord eiranville the country owes much in respect to the ' men.. of the Exhibition. The easy access and courtesy of manner displayed by his lordship to all who approach him, added to moot excellent business habits, ha. removed many ditterulties that would nut otherwise have been effected. After sin design had been laid before the royal commissioners, and had Men inveetigatei by the building committee, and seen at Buckingham-palace by her Majesty and Prince Albert, I took the plans to New-strtot, Spring gardens, mid hail the good Partuatt to find Mr. Fox art his °Mee. Mr. Fox was much !slimes , ' with the design, and at 'mc', agreed to go heareily into it. Mr. Henderson (Mr. !Fox's partner), and Mr. Robert Lucas Chalice, the great m iteer at Birmingham. were telegraphed to trn 'modern early on Monday, and after a long emoted- I Mann my plaits were sent to Birmingham fur the purpose iof having detailed estimate, and drawings prepared. I The nqal conininationtro were Milk' aware of the I fact of Mew.. Foe and Ilenderson's intention to tender for my design. and Mr. Cole went to Birmingham to counsel Messrs. Eta and Ilentleroon to tender for covering the ground in the exact roof as marked out by the ground pl 111 Iprepari d 'ty the build:sag c entuittee. Mr. Brunel aloft sm.. ' grated that tbs' interior tolatuns should be plaeed 2: t'et avert instead of 20, in order to suit the Exhibition. During! the preparation of these plans and estimates, Messrs. lux and I leuderson tame to Cliataworth to nide with mo some of the more important details, and I went twice to Bir- I minebtom to age the progrem of the plans and i stimatts. During the lin Neaten of these plans Mr. Henderson suggested the transept; to this 1 at first objected ; 1 did iNfo 101 these Ipound:4—namely, that us the Exhibition WAS SO be a fair competition of skill fur all nations, I held it to be fair and rieht that each exhibitor should have an equal advantage no regards !median—whirl& they could not have with the introduction of the transept; another objection I entertained was, that it could not stand in i the centre of tits baii-lina as the anoint( plan was then or- I ranged ; but the moment Mr. Henderson said it would Ml i port strength and tolidity to the building I assented to its ; tutrodactitel. (Loud cheers.) At length the day for send . inn in the tender cattle. but considerable delay took plat j before it was finally accepted. I hare before stated that in order to get the tender in it was necessary the building shotold cover the con t orate marked tint by the building committee ; but in conforming to this plan the transept was obliged to he put into one side or the building for the pur -1 pose of avoiding the great trees which now stand within it, I but which, au:Jetting to tl.e tender sent in, were to be in an open court. At one of the meetings with the building tommittee, it was suggested by them that the transept enuuld include tlag great tree.: but there appeared at first sight a :maul deal of difficulty in accomplishing this, as at that time all the noting was designed to be fiat We promised to s, a what could to done before the ne... meeting of the' committee. I went direct with Mr. Fox oi IC- 'aniy ; and 'Sil;t: lie arranged the termini' plan on as to Intro the trees int' , the centre of the building, I wile con triving how they were to be covered. At length I hit upon the plan of covering the transept with a circular roof, simi lar to that un the great conservatory at Chatsworth, and ' made is sketch of it, which was copied that night by one of Ithe draughtsmen. in enter that I might have it to show to Mr Brunel. whom I Ind agreed to meet on the ground the (next day. (Cheers.) Before nine o'clock the next morn ing Mr. Brunel called at Devonshire Howe, and brought me 'the height. of all the gnat trees; in the nude containing the measurementa Mr. Branel wrote thus : " I mean to try and I win w itli mar pl 04 Its: I lISIS thought it right to give your I beautiful plan all the advantages it is susceptible of."( Cheers.) I I then showed Mr. Brunel the plan I had mail, the night be , faro, for covering in the trees, with which he was much pleased. I lose Imo: led into these minute details; first, to show tliat the circular roof of the transept was designed Iby myself. and not be Mr. Marv, as currently reported; secondly. to show the kindness and liberality of Mr. Brunel. (Cheer..l At the time of the tender being accepted, the building committee asked me if I had any objections to my design being improved in mime of its details; my reply , was to the effect that I should ha ve grea t pl easure i n agree ! nig to anything that could he shown to be an improvement. (Rear.) I must here tell you how some alterations had become necessary. When the gallery columns inside were changed from 20 to 21 feet apart, it pot the outer columns ; and outer tube* quite out of proportion as to distance; , instead of there licitia one intermediate column and sash . between the 20 feet opening. there were twat intermediate I columns, and two sashes in the 24 feet; and the plan Mr. Barry made for improving this had my entire ap , proval, because it brought back the design to its original proportions. (Loud cheers.) As soon as my design had been accepted, it was decided by the royal commissioner to intrust the superintendence of its erection to Mr. William : Cubitt, the President of the Civil Engineers' Institute, and 'Meows. Fox and Henderson had, as contractors, to submit the detail drawing. respecting the strength of the building for his approval. Jost after the contract had been accepted I was obliged to nerve England for a month ; and at the last interview I had with Mr. Fox before my departure, in the ' presence of Mr. Leech, he promised that all should be carried nut in accordance with the design, and that no alteration should be made without my apororal. When I first thought of sending in a design, I had to consider, not only what I knew well myself • but what would be thought practicable by others ; In'sides, I had to keep in view not only the probability of the mechanical . realisation of my design, but also the possibility of its , realisation within a given time. That I did not err in Hai last respect. I owe to the ability, energy, and trans cendent skill of Messrs. Fox and Henderson; and if I have one word more than another that would express my appro bation of the'r exertions, I should have infinite pleasure entered using It; not only did they arrange a ll t h e d eta il s for carry ing on the works with great precision and speed, but eisnatereredaitadtoca ofthe p e r ea jc i t t t dueto with heartygood- will , inuuaen and u th pm en; , design in the manner they did. (Cheer) The structure ' was an entirely novel and new one to them previously. They had no experience is the peculiar plan of roofing and drainage, which wea for the first lane brought before them THE EXPRESS, SATURDAY EVENING, AUGUST 9; 1851. lin say plans for the rooflog, and therefore they had to rely entirely upon my experience in all these matters. They I ventured, however, to embark their money and reputation 1 upon plans and information which no our had experience in i except myself. They fully relict utsz me. and I must say ; they deserve immense credit for having thus ventured their fortunes end reputation on the faith of one man. (Loud cheers.) If there had been sufficient time given. there would have been no difficulty in putting up the Crystal l'alsoe—if a year had been afforded, instead of a few months, the accomplishment would have been compare- . : lively easy, because the building is composed of simple parts, and it only requires favourable weather mid a multi- I plicity of hands to erect a building to any extent. I ought I to render thanks to the artist who has decorated the build- 1 ing with so harmonious • colouring. I think Mr. Owen Jones must be allowed to have exercised a sound judgment [ in rho choice of the colours. (Cheers.) Spacious as the 1 building is, the colours are everywhere softened to the eye by the wrial distance. You feel, in viewing the building us a whole, that sense of repose and harmony which you do , I in seeing the landscape reflected in the mirror of a lake on • bright day. I confess that I bad never dreamed my design could have been in this respect so • charmingly grateful to the arose. (Loud cheers.) I My thanks are also due to Mr. Barry for his 'attains' ; and to Mr. Cochrane, Mr. Cooper, and many • other gentlemen whose kindness I appreciate. Now, gen- I tlemen, I wish to disclaim all part in the building that does , not belong to me. It has been said that "it was a fortunate I idea"—but the idea, though fortunate, was not a fortuitous one. (Hear, hear.) It was the result of long study and I long labour, without which no really practical idea can he • worked out into a distinct and palpable design. The great I experience I had in the erection of glass structures, and i the invariable success which had attended my exertions, , emboldened me to produce that design, because I had not , a doubt of its practicability, if properly carried out. I had two objects in view in offering a design, the first was —that • my proposal would be exactly suitable for the l'.xhibition; 1 , and next, it would meet a long-cherished idea of min, , for a t national winter garden ; so that, like Goldsmith's piece of furniture, it was contrived .._ ...._ ___ A double &St to pay, ny nature Messed to-morrow, As by art nudity. (Loud cheers.) I have stated to you that the Victoria Begin was the immediate cause of my sending in a design for the Crystal Valaee ; but the Crystal Palace does not derive its origin from the existence of that noble plant. \o: It owes its erection to a nobler work of nature—the noble duke whom I have had the honour and the plessure to serve for more than a quarter of a century. (Cheers.) It is to his fistering hand I owe all I posse.; he took me when quite a youth and moulded me according to his wants and wishes; he has given me all the advantage s of extended travel with himself, which could not fail to produce fruit in due season; by his confidence and liberality I have had placed Mere me maple means for various experiments, and without which, detwad upon it, there never would have been a Crystal Palace; and if there is one thing more than another that would enhance the pleasures of this day, it is that his grace has done me the honour to be present to ace the Nattering tribute you have paid me. (Loud cheers.) Gentlemen, one word more, and I have done. You can readily believe how great the anxiety and responsibility I imposed on myself when I undertook the design fur the Crystal Palace; but believing that I could re mote the many serious objections urged against the erection of a building composed of brick" and mortar, I considered it a duty I owed to my sovereign and my country to waive all personal considerations and do my utmost to e.tve so grand a project from failure. (Cheers.) From the day I sent in my design to the time of the successful accomplish ment of the Exhibition, my anxieties have been almost , overpowering. I felt what must be my fate if hey any acci dent my design should not be suecemtully carried out, and any failure would have reflected back upon me; but gnat as that anxiety has been, and laborious as have been my duties even up to the present time, this day's proceeilimpi amply reward me, and give I a triumphant finish to the whole. (Loud cheers) It is I now twenty-live years since I came into this county a COM. parative stranger; you then received me kindly—that kind ness has since ripened into friendship, and it has, I am thankful to say, been my happy lot to make " troops of friends." !try public duties leave been many and onerous, hot in the performance of them it is my happiness to know that I have never lost a friend. (Load cheers.) The marks of respect you have shown me to-day will sink deep into my heart, and the recollection of it will atliinl me de light the remainder of my days. (Mr. l'axton resumed his seat amidst loud cheers.) . _ Mr. ItENDERSOS.in responding to the toast of " For and Ilendersou," corroborated Mr. Paston's statement with' reference to that gentleman haring &signed the roof of the transept. The " Members for the County and Boron:ill," and other toasts followed. Mr. Forster responded to " The Guild of Literature and Art." and Mr. Mark Lemon to " The I Strangers."—The company separated soon afterwards. IRELAND. DUBLIN, AUGUAT O. ' An inquiry has been held in the Kilrush work house to investigate certain charges made against the guardians and officers of that union by a reverend correspondent of a London journal, whose lett e r s o n the subject of the Clare unions have obtained a great deal of notoriety. One of the charges in the present instance was, that a guardian named Burke went at night, while in a state of intoxication, through the female wards of the infirmary, causing sonic of the inmates to rise in their beds, and acting otherwise in a most shameful and indecent manner. The gate porter, house porter, assistant master, matron, and assistant nurses. were examined on oath, and from their evidence it would appear that Mr. Burke was sober on the occasion in question; that he visited the infirmary late in the evening, and that, in going through the house, he was excessively annoyed and excited at finding several persons absent from their beds, the hospital nurse absent, and other irregularities going on which he deemed very dis creditable It would also seem that the charge m:vle against him was propagated by some of the o ffi cials of the house to whose conduct he would attach blame; and a Nlr. Shannon, who admitted that he gave in formation on the subject to the writer of the letter in the London paper, refused to be sworn, or to tell the names of those from whom he obtained it himself. The Downpatriek election takes place to-day, when the Hon. C. S. Hardinge, son of N iscomit Hardinge, will have a walk over. A special commission, or adjourned assizes, was held in Dundalk yesterday, when one of the men charged with the murder of Bernard Nl'lntaggart war tried and acquitted. The verdict of the jury wan received with loud cheers by the populace. The murder, it will be recollected, was an agrarian one,' and attended with circumstances of great atrocity. The Freeman's Journal says : We have been informed on good authority that the sys tem recently adopted of issuing tickets all through tram; Dublin to London, Liverpool, Chester, Birmingham, Man ehester, Lim via Holyhead, at moderate rates, has been attended wit h the most gratifying results, both as regards the company and the public. Several hundred persons , within the last few days front various parts of Ireland have availed themselves of the " through " ticket privilege, and, the traffic, both outwards and ;awards, has increased to an ' extent far exceeding the expectations of the projectors of this moot judicious aad spirited arrangement, which has been admirably well-timed, so as to meet the convenience and facilitate the transit of parties going to the Great Ex hibition, anti also of strangers and tourists visiting Ireland this season. We believe the Dublin and Kingstown Rail way Company have it in contemplation to postpone the de parture of the late up train every evening until after the arrival of the steamer—thus enabling the pamengers to proceed direct to Dublin on their arrival. The :Vander News contains the following curious ' statement TIPPERARY, Aro. 6.—The town of Tipperary was thrown into a state of the utmost excitement, on yesterday, by the report of a woman having been buried alive. The following are the particulars :—Mary Neill, a young woman, died on Sunday in the poorhouse, and was buried on Monday in White Church, about four miles from town. On the morning of yesterday. a man beard her cry as he passed close to her grave, and he ran as rapidly as possible to town, and gave the alarm. Many of the inhabitants hurries! out; the master of the workhouse basin,: been to formed of the circumstance, sent out some of the officers to ascertain if there were truth in the report, and his men on ' returning stated that they disinterred the body of Mary I Neill, and that on opening the coffin, she was lying on her right side, the shrouding torn, a cap which she wore on her head removed, and scratches and blood on her face, and other marks of recent violent exertion apparent, but she was quite dead. ittr apparent death previously was slid ' den, but it is believed she was only sunk in a trance. How ever, there was no blame to the workhouse officers, as the hapless woman was over twenty hours dead previous to her interment. Tne Canet —The present genial warm weather,' if it should continue, as there is every reason, from its set-' tled aspect, to beli eve it w ill, must bring the grain crops rapidly to maturity. A correspondent informs us that Mr. John M.Seile, of Parkinount, has a field of oats which in a few days will be fit for the sickle. Generally speaking, however, the harvest this year will be considerably later than last year; but it promises to be much more abundant. Conflicting rumours continue to reach us of the state of the potato crop. In some parts of the county Antrim the dis ease does not appear to have affected the crop at all; in other parts it is said to exist to a considerable extent. It is very probable that the symptoms of the disease may have been exaggerated by the fears of the farmers; but that the blight has set in it would be idle to say.—Northern Whig. ADMIRALTY, ACGCST 8.--APROLYTMENTS.--SY eons : J. Harrison, to Watorj_som and R. Jameson, Rodney. Militant ditto : W. to via," ; and Ricardo, to /today. Master's Assistant: G. R. Wells, Calypso. l Naval Instructor C. J. R. R. Archd eacon, IVoteroo. THE INCOME-TAX COMMITTEE. (From die Dar, Net's.) BE the opinion popular or unpopular—be its disse mination favourable to party interests or unfavour able—we do not hesitate to proclaim our belief, that, in order to place and keep the national revenue on such a footing as will render financial reform prac ticable and safe, and in order to pave the way to the full realisation of a system of free-trade, the income and property , tax must be made a permanent item in' the ways and means of the year. And, in addition, we believe that, to render the income and property tax endurable and permanent, its incidence must be rendered more equable—the sums levied upon indi viduals must be more exactly adjusted to the real' value of their property—and the mode of perception must be rendered less vexatious and oppressive. Now it so happens that both the theory of direct and indiroet taxation, and the practical working of this special direct tax, are very imperfectly under stood. It is therefore n matter of urgent importance that no efforts be spared, no opportunities allowed to pass of enlightening the tax-paying public upon `these points. This is the reason why we supported to the utmost of our power Mr. Ilots's motion fur a connuittee of the House of Commons to inquire into the working and effects of the income and property tax. And this is the reason why we expressed unqualified re gret and condemnation when the committee wound up its business for the session with a resolution not to report the evidence it had already taken. The only shadow of a reason assigned in vindica tion or palliation of this extraordinary resolution is, in the words of the CHANCELLOR of the Emits:taus:a, that " the evidence is incomplete, and that new evidence was to have been produced quite contra-. dietary to some of that in possession of the cam mitten." 'this is nothing to the purpose. The evi-. dence will be read and taken at its worth—mica. - poillum. Men will not make up their minds on so important a subject till they have examined all sides of the question. They may be studying the evidence already collected by the committee in the mean time ; they will examine the counter-evidence hereafter. The method of examining evidence in our courts of law has impressed some strange fallacies on the national mind in respect to it. The whole sys tem is artificial. A jury is secluded front intercourse with other men while hearing evidence; it is only allowed to receive certain kinds of evidence, from certain parties, elicited by certain forms of interrogation ; it is compelled by confine ment and want of nod to return its verdict within a i limited time. The pit:Want of information given t) the jury is arbitrarily limited; the time within which it is to sift it and form its conclusions on it is limited; the verdict of a jury is, of ne cessity, nothing more than as close an approximation to the truth as these unfavourable circumstances allow. Of old, contested rights were decided by rower of battle, now they are by wager of evidence ; it is ?sayer. haphazard all. But in our general education the study of the laws of evi dence has no place ; the only school wherein anything like a studs- of the laws of moral evidence can be prosecutid iv in our courts of law. ]fence men jump at the conclusion that their peculiar mode of examining evidence is the only true one. and attempt to adopt it, with all its trickery and sharp practice, in all their practical inquiries. This is abundantly obvious in the proceedings of parliament. Parliamentary committees are as cap tious in their exclusion and admission of evidence as lawyers. They are as much afraid of advantage being gained by one party being heard before ano ther. They dream of having all the evidence on a given subject collected within a given time, and a tinal and irreversible division conic to at onto. But such procedure, if wise in litigation (which we doubt), is madness in legislation. There no kind of information ought to be excluded ; no evidence refused nt the time because the oppo nents are not ready with theirs ; no supplementary evidence refused at the last moment; no unalterable decisions pronounced. On these grounds we think that the method adopted by the water committee of this session—the publication of the evidence from day to day--is the wise one. And thinking this, with respect to question of limited and local interest, we attribute infinitely more importance to such periodical publi cation in questions which concern the whole nation. • The public cannot be too early put in possession of facts and opinions concerning so important a matter as the income and property tax. It runs no danger from receiving that information piecemeal. Even though the whole evidence were published at once its several parts must still lx read m succession. The advocates of the widely different views which prevail respecting the tax in question will take cure to warn the public against premature conclusions, and to point out what they deem erroneous or one-sided in .he portions of the evidence published. We have another reason for wishing to have the evidence already taken by the Incinne-tax Commit tee published without delay. It is evident that powerful parties arc exerting themselves in the most unscrupulous manner either to suppress this inquiry altogether or to ensure the publication of its results in a way calculated to confirm their own foregone conciusions. It was with very great difficulty that • Mr. Hew' got his committee, and with greater ditti , why still that lie got it organised and set to work. No subterfuge, no chicanery was spared, to prevent his having evidence taken before the close of the session. If the evidence already collected is not published now, no pains will be spared when podia ! meat meets again to procrastinate the taking of further evidence. A struggle is making to gain time, in order to force the House of Commons into a vote on the income - tax before it and the public are properly instructed on the que s ti o n. If the evidence is published now, ministers will take care that the count2r-evidence, which they boast to hold in relynti.i, is produced at an Carly period of next session. If it is not published now they will spare no device, no cajolery, no inti midation, to prevent the further prosecution of the inquiry. After maturely weighing these considerations, we this day commence the publication of the fullest and most accurate report we have bon able to procure of the evidence given before the com a mittee on the Income and Property Tax this ses sion. We do so in the full conviction that by this means only can we ensure the honest prosecution of this important inquiry, and prevent the time and • labour already expended by the comm it tee from 'being entirely thrown away. We are quite aware of the extent of the misrepresentation and obloquy to which we must expose ourselves by this step. V. c may even foresee a danger of some trifling personal inconvenience. But the object to be attained is of infinitely too great importance to admit of our being deterred by such anticipations. The veteran re ; former who, for more than thirty years, has devoted his whole time and energies to his country, has obtained this evidence for the public by persevering sickness: efforts,oififetutniisionineft evidence domecint sec c t e cae ! wh e hii v sl - el e i n elpaob l eu t hr h le e l hourso,ta.l lministersTn o ho f et t r o si hpa i u n t b.e resumec az!. mortification the inquiry immediately upon the opening of next session. And in the me an time the public will receive a large amount of valuable information. We therefore invite attention to the report of Mr. PRESSLT'S evidence which appears in our imp ress i on of this day : the rest shall follow, until the whole is in the possession of the public. [The evidenee here referred to occupies upwards of six columns of the Daily News of this day, and is "to be continued."] ROYAL ASYLUM o' ST. ANN'S SOClETY.—Yester day, the half-yearly general court and election of children into the Asylum, took place at the London Tavern, Bishops gate-street, Mr. E. lialasell in the chair. A report was read, which gave a satisfactory account of tho progress of the institution, but observed that it still required constant care for its support, as the funds at the disposal of the com mittee were not sufficient to provide for future candidates es well as present inmates. The committee acknowledged with gratitude the receipt of a legacy of 6001. from the late Miss M. A. Clark, of tipper Harley-street, and of 20W. front the late John Hasler, Esq , of Regent-square. No help had been afforded the clergy duri ng th e last six months, but it was hoped that ere the close of the year their wonted valuable aid would not be withheld, and that the claims of the institution would in future receive increased support. The report herb's been adopted, 16 children were elected into the Asylum, and the business terminated. Katy Intelligence. HOUSE OF LORDS.—YESTERDAY. The Lord Chancellor, Lord Cianworth, and other peers, funned a house at half-past 9 o'clock, for the purpose of giving iudg m the course the of fol lowingthe p session past Ire TUN MATTER OF THE DIRECT BIRMINGHAM , Ox- FORD, a sron al : eases, which were READING, AND BEIGHToIe RAILWAY COMPANY, inargued .n"i AND OF THE WINDING-Ur ACTS OF 1848 AND 1849. lltTrox v. BRIGHT AND BRIGHT r. Ilutrox—Puo- VISIoNAL COMMITTEEMEN WHO PAID DEPOSITS ON SHARES, HOW FAR LIABLE TO CuNTI/lIICTE TO EN- F Esses ? These two appeals against an order of Vice-Chancellor Lord Cranworth, confirming an order of the Master (W. Brougham, Esq.), were argued as one caner last Wednes day, and the facts and points of the arguments were stated !, in the report in this journal 011 Thursday. It may bo re membered that the order of the Muter, a. confirmed by the I Vice-Chancellor, directed Mr. Bright—among several others in his position of provisional comanitscemen—to pay 10/. on I each of his 100 shares in the company, is discharge of expenses incurred by the promoters of the company from the pith of October, 1813, the day on which Bright ac cepted his shares, to the 30th of November, 1843, the day on which the undertaking was supposed to have been abandoned, as the company had not, on that day, complied with the rules of parliament for getting an act of incorpora tion. Mr. Ilutton, the official manager, by his appeal against the said order, insisted that Mr. Bright was liable to con- F tribute to all the expenses incurred by the promoters of t: c company, both prior to the 14th of October, and subsequent to:the 35th of November, 1813, while Bright, by his appeal, insisted that he was not liable to contribute to any of the expenses. The only acts he had ever done in respect of the undertaking being, that he consented to have his name put on the provisional committeemen's list, and paid the deposit of :21iP. 10s. oa the 100 shares allotted to hem. The Lord Chancellor now statetl the facts of the cases, and said that, on account of the importance of the crises, inasmuch as there were many similar cows pending before the Masters in Chancery, who were desirous to obtain the decis:ou of the house on them, so that they may be guides to them in disposing of the others, three appeals were nit. sauced out of their place for hearing, and they were heard at the bar on Wednesday The judges in the court below, as well as the Masters in Chancery, were anxious fur lead ing decisions in these cases, and with tied view the order made by Lord Cranworth was a mere formal order, without any argument, to enable the parties to come to that house. Ile and his noble and 'earned friend tl.ork, Cranworth), who attended with lain the (Lord eh:mentor) at the argument, considenal the questions involved in the cases, but found it impossible from the short time since the urgumeut to come to any conclusion un then which might be useful to the Masters, which was the object of hearing the appeals nut of their proper order. It appeared that Mr. Bright took 100 shares of the 80,000 shares into which the project was divided. His interest, therefore, was as 1 to 800. that is, he held the 800th part of the whole, and to that extent he may be said to be a partner in the concern. Large expenses were in curred in getting up the concern, and to such of these ex , 0011.01 as were recurred from the 14th of October to the 1 30th of November, 1813, the Master thought Mr. Bright ' was liable, and he made an order on him to my 101. fur each of Ids 100 shares, that is, 1,000/. towards these ex penses. Considerable expenses had been incurred by the ' promoters before the 14th of October, and expenses have been incurred since the 30th of Novi. nibs r, but the Master di l not consider Mr. Bright liable to any ex ptIISCS before Ito aceeptssl shares nor after the company was considered us abandoned, in consequence of net being able to apply to the legislature fur an act. Mr. Bright says he is nut liable to any of the expences. Now, besides the question, whether this association or company fell within the Winding-up Acts at all, there was, in this case, the other important question, to what proportion of the expenses is Mr. Bright liable ? As In partner tat a concern, l.is liability would be according to Ida share in the toner • he had an interest of eight-huntiretla 'tart only iu chi undertaking. His noble and learned friend and himself, after heuristic the argument the other day, looked into the Acts of Parliament, loth the Registration Act and the Winding-up 'ccts, and finding it impossible to dispose of the case before the clues of the cession, they agreed to advise the House to postpone the judgment; linked they were of opinion that the opinion of the learned judges ought to be taken ' on the questions involved in the case. Coder the circumstances, his lordship moved that the further consideration of the cases be postponed. Lord Cr:my/mai said he concurred. Ile and his noble and learned friend the Lord Chancellor con sidered that the importance of this case did not rest merely on the decision fur the sake of the parties, but us laying down a rule fur the Masters in Chancery to enable them to dispose of the vast number of eases ' Tarty cir cumstanced, and to come to a decision laving down such a rule W.L'i quite impossible for them in the short time that remained for consideration since the argument. It may be : eh : , interest o yh r t ec :t et, n mh tx da i t n (h l c eo r ,io, e , a w f share,.; Basle But ut ot f rewoothun,lttr maybe bt to htr,e} took the that Mr. Bright's prossortiou of the expenses is only equal re sulte of a proper consideration of the case it is impossible to foresee at this moment. The farther ew .:lonstion of the case was then postponed to next syssiun. IN THE NIATTEII. OF THE WOLTELLHAMFTOY, CHEA TED. AND DIME ENH KAD JENCTION RAILWAY COM PANY ; AND TM: IJOEMINOHAM, OXFORD, READIND AND 11K1011TON RAILWAY COMPANY, AND OF THE WINIONU-UP Acts OF 1848 AND 1819. Nonists r. CooPER, AND Ilv rrox V. THOMPSON.— ALMA . ' VV.. ShAREA IN AIIORTIVE UNDEUTAKINI.S NOT LIABLE To CONTltitirrE To PAYMENT Or THE Ex- I . EN4ES INCURRED, IN PRDMOTING THE UNDEUTAKINO. Both these appeals were brought against orders of Vice- Chanc.llor Lord Cranworth, directing the names of the two respondents to be removed from the lists of contribu• tories in the respective companies in which they had been inurbd by Mr. Brougham, the Master charged with the winding-up of the said companies. The difference between the two caws was this, that both respondents having shares allotted to thein at their request in their respective com panies. Mr. Tkumpson paid the deposits on his shares, Mr. Cooper paid nothing. The two appeals were argued together be.hre nine of the cot iiiii on law judges, on the Bth and 9th of July, and full reports of them were given fru this journal on the 9th amt 10th, and the opinion of the judges to the effect that neither of the respondents was liable to contribute was in our paper of the Ilth. The hord Chancellor now moved the judgnlellt of the house in both the cams, and alter stating the circumstances of both, and the difference between theni as above mentioned, said the point on which they were to be decided was the same. The respondents had applied for shares in the respective companies, and the secretary of use in his ;comer to Thump son—his lordship took his as the stronger case—said, " the committee of management had allotted him 20 shares, and I em directed to request you will pay the deposit of 2/. 1'25.01. per share into the undermentioned bank on or before the 21th of October, 1845, or this allotment will be null and void. This letter, with the banker's re ceipt, will be exchanged for scrip upon your presenting it, and executing the parliamentary contract and subscri bers' agreement." Thompson paid the deposit on the twenty shares, but did not attend any meetings, or do any other act in respect of the undertaking. The shares were to be 80,000, of which 70,000 were allotted, but deposits were paid only on 4,295 shares, so that the promoters not being entitled to go to parliament the project was aban doned. In Dec., 1849, an order was made by the late Vice- Chane , llor of England fur winding up that company, and the Master charged with the winding-up inserted the naine of Thompson in the list of contributories. Thompson appealed against the Master's certificate, and the \ ice- Chancellor Lord Cranworth reversed the Master's decision, and ordered the name to he removed front the list. The question was whether the Master was right in putting Thompson's name on the list of contributories. That ques tion was argued here very ably at the bar. (Ills lordship stated the outline of the argument on both sides.) The argument to make Thompson liable turned upon various sections of the Joint Stock Companies' Registration Act, 7 and 8 Vie., c. 110, hut the conclusion drawn by the learned counsel did not appear to his lordship to follow from that act. Thompson, in fact, never became a partner, he never became liable in an action at law to any creditor of the company, or to any one in n.spect of his acts, nor would he have any claim to profits in the company, if pro fits had been made; on the contrary, lie would bei entitled to receive bock his deposit according to the case of " Walstab v. Spottiswoode," and numerousothcr cases.'His lordship mentioned some of the cases cited for the appel lant, and said they appeared to him to make rather against the appellant, and that was the current of the decision from the case of " Nockells r. Crosby." Ills lordship then read the short-hand writer's note of the opinion given by the learned judges at the close of the argument before re ferred to, and said he concurred in that, on unanimous opinion of nine judges, and be came to the conclusion that the appeals ought to be dismissed. Lord Cranworth concurred with his lordship in the opi nion oFthe learned judges. He had not given any opinion on these cases—indeed, they were not argued before him, but several other cases similarly circumstanced were argued before him, and his observations on them he would not re peat here, because they were recorded in several books of reports. He would only say that he entertained no doubt whatever on those decisions. By the law as it existed prior to the Winding-up Acts parties in these circumstances would not coma under any liability. What did a party do when he agreed to take shares in those undertakings ? After hearing the promo ters' statement of the nature of the undertaking and the prospect of gain from it, he says, " well, if you go on to do so and so, I agree to take shares." But in six months he is told that the promoters are not able to go to parliament, " well, then," says the subscriber for shares, " I ant sorry for it, give me back my deposit." No deposit is returned, but he is asked to pay expenses. Why should he be bound to contribute to expenses ? The acts relied on in the argument to hold the allottee of shares liable to contribute were the Joint-stock Registration Act (7 and 8 Viet., cap. 110), and the Winding up Acts of 1848 and 1849. The ex penses of registration of joint-stock companies are very small, and aro coafined to the registration only. That and the other acts have not altered the law of liability of shareholders—they merely provide for arranging expenses according to existing liabilities. His lordship read the pre amble, and the 4th and 231 sections of the act 7 and 8 Viet., esp. 110, and in observing on them said the matter up to regis tration lay between the promoters and the acceptors of shares, " for until registration there was no company and no partners. The expenses therefore incurred up to that period were the exprwes of the individual paoranters, and not ----..r of the csi'. i patty. But the expenses incurred after registration leid 4 , 0 j relation to the act, and there was no new liability ell by the Winding-up Acts. On these grounds his hinlsl t i o saw no reason to dissent front the opinion of hi s no m ". all.l learned friend, and concurred in the opinion ibis, n judges. Nothing ItAd yet occurred to make him correctitesa of the dccibions made by himself in the Nun below. . . . . . -• The orders appealed against were then affirmed, with costs. (Lord Cranworth then left the house, to to to Ilk court in Lincoln's•inn.) TII6 LONDON AND BLACK WALL. RAILWAY COMPL Y V. Tll6 REV. JOIIN LEITI.—TITIIKII IN ru6 t;LT s or LONDON. - . . This was an appeal against en order of Vits . -Chane,llw Sir J. Wigram, and WWI argued on the 4th midli of March last, before the Lord Chancellor and Lord Brougham. I The nature of the case was stated in the reports in this journal on the MC 111 ;on. The decree complained of, it soy be remembered, was made in a suit instituted bs. the re spondent, as rector of the parish of it. ()lave, Illart-strtet,in the City of London, to recover from the appellants tithes at the rate of Is. lid. in the pound sterling on the actual value of certain houses in the respondent** parish, taken by the appellants in 1810 and 1811, for the purposes of tic, railways. The respondents claim depended on the eon r struction of an art of parliament, passed in the 37th Ilcore VIII.—" an act for tithes in London"—confirming a ilecreo made by the then Srchh , shop of Canterbury and other dig nitaries of the church, by which it was ordered that ail rector, of parishes in the city should have tithes at the rate of 2s. 9d. in the pound tram oecupiers of houses on tle, annwil value of their premises. The principal question is the cause was whether the tithes should be terses.:d on the actual annual value, or on the usual rents, or whether, when there was a less Will, as 2s. in the pound, talo it by agreentent between tinier rt etors and occupiers, the re spondent was not hound by such agreement. The Lord Chancellor now in giving his judgment, stated the circumstances under which the question% came before the house, and utter observing, that nothing was less fixed Mid ecrtain than the value tile house in the city of blll- don said the qtustion for decision was, by what rule or mode of computation compensation was to be made to the reepondent for the house% tali( n by the appellants under their acts for the construction of the railway. The rector claimed against the company 2s. m the pound of their actual annual value ; the company alleged that thereW-cre agreements between the rectors and the occupiers of the houses by which, up to INI9, the rectors agreed to accept 2s. in the poand, on the then assessment, and they insisted that they were not liable to pay more than that fir compensation. Ili, Lonkhip had smite difficulty in adopt . Mg the principle of that arrangement. The Vice-Chant, Ilic was of opinion that the poor law assessment was not a cri terion for conmencition, and decreed payment accordi n g t the actual value. That did not appear to his Lordship to be warranted by the statute, and he was of opinion that the VicteChanceilar did not pot a true cons:ruction on it. After noticing another point on which his Lordship thought the decree erroneous, he moved that the eau:, he r mitred to the court below, with directions as to the variant.... to be made in the decree. lie was authorised by Lord lirourhant to state that he (Load Brougham) c incurred in remitting the cause with directions. It %Tu. accordingly ordered that the decree lie r in the 111411,4;C pointed out, and that the caitai Le retniticil with direction% to the Court of Chancery, the considi. ration of costs to be re+erved to the emit ts.:ow. EI.I.COVK V. MAPP.--GIFT or• RE Autry: OF PI:11 ESTATE TO EXECUTORY HEFOIt.F. TUE AIJ 1 \V'i. I 40: EXECUTOIIa AltE TUUSTEES Fol 4 Ntri . TE,T.lTultlf. - This was an appeal against a decree of Lord Chancellor Cottenham reversing a decision of the late Vice-tham Uor of England. The appeal was argued before the Lord Chan cellor and Lord Brougham on the 24th and slmth of February last, and the nature of the Me was the'. stated in oar re ports. The question arose on the will of Mr. Pare. a bar rister in Barbadoes, who was entitled, us well in Eneand as in Barbadoes, to considerable real and personal est de. le died in England in 1789. By the will made in Earl,- does in 1;84 the testator proceeded thus: . . Imprimis, 1 ' ,rive all lily estste, both real anti pt•r-onsl, in thin island or elsewhere, to Ella ard Eiltotek, of the par...lt of St. George, in the island abiresaid, E.... Loire, his ea., u adininktrators, and ar-igus, to anti for the searrst uses, intents, anti purpose.; following ; . (that k to ...at'. out • • of the rents, issuer, anti prolim, and iiitcrestr of ul! debts due to me, to pay unto my deur wife Anna Maria tPI../. yearly andevery year, in addition to her own t;ortune which survives to her, and in trust likewise to permit and suffer her to have the full enjoyment of the us, s ;ind mrvie, s of all my negro slaves except Jackey, whom I direct to be freed at the expense of my estate, and in trust also to per mit and suffer her to wre all my household furniture and plate during her natural life, and in frost also to receive the interest only of the debt due to me tram John Prot, Mho, Eaquire, during the lives of the said John Prettejoha and the Elves of his son and daughter, Charlotte Prettejohn and John Prettijohn, juu., and in trust likewise to discharge the raid Juhn Prettejohn from the sum of which sum I bequeath unto his two children, the ufuremid Char lotte Prettejohn and John Prettijohn, and in case of their death* unto the aforesaid John Prettejohn himself, and in trust also to divide the remainder of the interest of debts due to me in the following manner in equal proportions be tween F,— Holder l'arris, Margaret Ellcuck, and Anna Maria Elleuck, daughters of the afitresaid Jeldward Elleoek ; and in Cabe m • said wife AUlla Maria should in• termarry :mil have chil y dren, in trust to divide the prineipe' sums among such of hl r children as -Mall be livino at the death of the alio-emit! John Prettejohn, senior, Charlotte Prettijohn, and John Prettejohn, junior and in the mean time to divide out' principal sum of 1,1061., part of the debt due to me front the estate of the Honourable Samuel Mous, deceased, among and between the aforesaid E Ifulder Parris, and alnrguret Elleuck, and Anna Maria Ell cock, on the death of the aforesaid Anna Maria, my mid wife. If there should be any doubt of the legality ut the above trust fur the use of the children of the present wife by a future marriage, I then give such sans or sums as would have been their share or allures unto herself, own such events as are before mentioned. Lastly, I nominate, constitute, and tippoint the aforesaid Edward Ellrock ese. maim of this my last will and testament. In witness whereof I have hen unto set my band and seal this 2isil day of Jule WM." Mr. Elleock proved the will in Darbadors, and got in the testator's estate and effects. exeept the 4,11 If., the ry,iilay of a debt of 6,011 t, day from John Prettejohn, and a hired on his estate, called " Constant," in Darbailiier. The see•- cutor paid all the testator's debta,rmil died in 1795, appint ing Mot. Merck his executrix. She also obtained adm;,,,_ tration of the twat° of Mrs. Pare, wide, of the timater. in 182 Land also of the unadministered estate of the testator fare. Considerable property, the residue of his estate after paying the debts, annuities, and legacies, remained in the hands of ten. Elletiek, which she, and her perainal repre sentative on her death, claimed to he entitled to nor her own use absolutely under the said will. This salt was in stituted against her by Eliza Mum,. the respondent, sole next of kin of Pare, claiming the residue, and insisting that the appellant was u trustee for her, and so thought Lard Cottenham, and he therefore reversed the derision of the Vice-Chancellor, who held that the executor and his repre sentative took the UntIiSVOSC4I of residue beneficially. The Lord Chancellor now giving his judgment, read the will as above, and after observing the couflict of (million between the late Vice Chancellor and Lnrd Chancellor, referred to the several cases that were cited in the :Iron mem, particularly that of " Dawson v. Clark " (11 Vysey, 419 ; and 18 Wavy, 217) in which it was stated that there was a difference , of opinion between Sir W. Cfmnt and Lord Eldon, the former deriding in favour of the caecutur as taking absolutely, the latter holding that he was trustee for the next of kin of the testator. Ills lordahip (Lord Truro) agreed with Lord Cuttenham that there was no real diar tinetion between that case and the present. Mir 1(4610 next referred to the decision of Lord llardsicke iu the case of " the Bishop of Cloyne r. Young " (2 Vemy, mn., 96), to passages in Mr. Justice Story's Equity Jurispru dence, section 208 ; to Jurman'a edition of Powell's hook. and Williams' Executors p. 1266, and said that upon prin• ciple and authority the decision of Lord Cottenham was right, and it ought to be confirmed. His lordship moved accordingly, and the decree was affirmed with costs. EQUITY COURTS.—YESTERDAY. &WOW! Tea YA•raa or TIM XILLII. DOPE OP DlMONaltlitli D. ELOI.N.—ItIOILT TO WATER COUKSP. The bill in this raw prayed a declaration that the plain tiffs were entitled to the use of a watercourse elicit run through the defendant's land at Grassington, in York shire, and fur an injunction to restrain the defendant from obstructing or in any manner interfering with the now of water through it. Mr. lt. Palmer and Mr. Currie for the plaintiffs. Mr. lilmsley and Mr. Prendergast for the defendant . The Master of the Rolls directed a reformer to th•' Master, to ascertain what amount of compensation ought to be paid to the defendant for the use of his land in respect of the passage of the water through it. And to settle a proper deed of covenant between the parta, interested in the watercourse. Bayou VfmeNmecal.tos Kmoirr Bates. BultNEN.i OF THIS COUKT. The Vice-Chancellor said he wished to know the opinion of the bar as to the expediency of taking short causes and consent petitions on the tirstdays of Michaelmas and Easter terms. In consequence of the formalities usual on those days, the court only sat for two or three houri, and the stilton were put to the expense of attendance upon all the motions fur which notice had been given, although not many of them could probably be made. Mr. Swanston said that the arrangement suggested by his honour would be of the greatest advantage. Mr. Wigram, Mr. Bacon, Mr. James Parker, Mr. Mantic and Mr. Daniell, concurred in this observation. The Vicc-ChanceUor said that a notice would be given in this branch of the court, according to the suggestion which he had made. His Honour then disposed of several matters involving no matter of public interest, and rose for the vacation, men tioning, however, that he would sit in his private room to morrow, to hear some consent applications. Barn Loan CALA:MOMS (Vin-CsAvrel.LOß). VILLLIIII. V. VILIAMIL.—EvineNce or BIRTH I. VDEII THI CODI•CIVIL ---- • Thu was was a petition by a lady that a sum of 60,000 francs. to which she was entitled upon obtaining 21, might be paid to her. The petitioner was born in PAILS. and her father was now residing abroad, and the only evidence that could be obtained of her birth was that she had been registered, I • J I' 4