The Express. — London, England, 1849-01-17 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JANUARY 17, 1849. p Hr. Hall that was an exam= Rumbas la um' Mr Hall wrote to say that can must be ms =dieus, sat to weererowd it, sad sartgested the removal of tale s e r -- Andrea to Mr. Droast's strabilehmtrat at =tone re= that sad Ism= other letters 1 "' - '1,a_, J , trawl between him sad the Pear-low Commie angel minute of the baud of mardisas menet -014,7 Dr . As e s s olishisent--all tending to this one !!!..,7 - ..* shows is a letter hem witness to Kr. Hall - 4t h N e m, that, la ceder to provide bather 111100,730staea for the inseam s ad a maw eadelisahwy t for the eke, the Board =Osman= Wagreed du boys la hie estabiltheasat, se dDronat W s ir is l ee te ter of th e 16411 Sept Oe the 11th NW 11 ' Poor law Commission. that abossikg' 90 e t s w darea had been mused to Toot in g, liti that **w eans bed ascertained that there was amemmodatios solo that number. Oa the 19:h Nov the pese-bew new • is ac knowledgieg that letter, said that, with re. gaiittitd B ar foe twice the arms ▪ to ...A w . " ▪ --- sress would be seaweed by Mr. Hairs opinion, who ; 16 41 be directed to make • report as the subject, when viifisf the diarist in due came. He (witness) believed g ob a report hid been made, hat only from hearing Bell say so. The result of the negotiation with Hr. iNsuet and of the correspondeace with the poor-law miao w" was, that the guardians, between No Amber 10 aid December 18, placed in the establishment i iitiessieg 211 @hada a. Some of the (sardine thong tt lest ewleg to the redaction in the rice of previsions last esersier Mr. Diesel might redact, ha charge to 4a. 3d. ; lint, O sug gestina it so t him, ke positively refused to de so. Ile (limas) amid say that there was say distinct contract mte the dietary, but he knew of his own knowledge that bad bees made is it on the suggestion of the visiting A Member of ft. Board of Guardians There was so she ath* mode to my time. Ritmo@ held is his hand a report of the visiting gear- Sim, dated March, 1848, in which they nuns themeless pay tiled with the cleanliness and gent= condition of theekthires. Thew visits were stoathls. The =tams them ! Ned merit reports of the visiting guardians, which were soatfavourable to the asylum. Thst of December, 1847, reported the ohildren extremely healthy, the excep ts., being a few c ism of measles—that of January, 1848, Nor stsdlsr, sad declared that the charge that Anne Slight asi led as lunfilciency of food was astounded. She was eseir la the Free li ust cause for ospi:aL The report also said that there ems so j the couplet= made by Elise Kumla hat she found her children in • dirty state. The report of the 9th of February said there were upwards of 1,100 duldres in the asylum ia good health and spirits and bear cleanly sad happy swamies. The food . wee SOW, WWI the illl.ol consisted of a few cams of hopping cough. The March report s eke of • charge of neglect in the case of William Barker, who died; said that upon a post moans rassinatna he was declared to ban died foes measles, sad hat the chugs was unfounded. The COTOSIT observed that all this time was consumed ta omeatiwath of Hare hang no disarm costract between the gesethens sad Mr D.-ooet, and approved by the ponclew ommieneaus. The difficulty was to find when the re missibility was concentrated, whether is the pour-law cow minioners, the board of earthmen, or Mr. Drouet. The =mem proceeded with the reports. That of the 9th of Hay stated that the visiting gsesdiase were at the mien gulag dinner, and found the meat good, but the =tams led. They declared everything to be clam sad comfortable is the whorl room, dormitories, sad work-room, bat is the new gasping ruins for infaats, as the pound-fimr, they hand a bad smell. The girls all looked well, but obseeving the boys looking sickly, t he y were thawed to question them as to the supply of Mod, and aloe= 40 of them held up their beads, hatimallial that it was issaMcient. Mr. Dront's coulee' thenwpos bream* =amt. He said the boys who did BO were due; that they were the worst boys is the sena ; and that it he did them jasties„ he would follow out the supgatiem cif Hr. James, sad thrash them well Same of the tioys scup awed of not having a aufficiney of bread far breakfast. on which Mr. Drava% conduct became more violent ;be that they (the vitae's) were acting unfairly ; that they ought to be satiated to rely upon hie character ; that they had so right to pursue inquiry alter that &him, sad that he would be glad to get rid or the children whom's planed. Tin report coached= by stating that the visitors left without rompletMg their inquiry, They were Meows. W. Winch, W. Hastoar, sad W. S. Hayes. Witness was not prommt. Oa the 17th of May that report wen referred by the board to a inuanithre, including the chairman and vi ce. asks in of the board who visited OS asylum, accompanied by Hearn. W inch, bbeek, and Mayes, and certified that they bail ezassiard the appearance and condition of the ebillrea, &c., end were able to report Mast favourably thereof. They handed the bread, meat, and potatoes , sad were perfectly satisfied bath se to the quatty and qaaity given to t.• children—in fact, they could not speak of the whole establishment otherwise than in terms of encomium and mait..ction. Itegardieg Hr. Brenta they stated that he expressed hie great regret at the warmth of tem per evinced by him in the pr. woes of the visiting guardians. Coroner.—Were tb' children told they would not be punished for stating the truth ?—That was understood. Evidence continsed.-1 do not recollect whether the guardians aired them if they had been punished for what they had stated on a fume oceasies. Not one of theta ex premed any diesatistai lion. The Holborn children on osieg asked whether they w ere happy, answered " yes," the ques tion being put in that meaner. The majority sa id they had monk of food ; at least, twice as many as had previously expressed diesatistactioa. Coroner.--State the dates et which the children now dead were admitted.—James Andrews was admitted into the miss, August, 1843, sad ant to Tootles Sept. 28, he had a father e a the house. Jane Jobastoa admitted JIMA 24, 1847, at to Tootle( Dee. 2, 1847, as . orphan. Bridget Inis admitted Sept. 18, 1848, rest to Tooting Sept. 30, 1849, had a mother in the h ions. H. Harper, admitted Sept. 18, 1848, seat to Tooting Sept. 30, 1848.—Coroner : Was this in quiry mum= at any time t—lt was—Coroner Resume report. YOO7 Witness—The next report is dated July 11. The cow mines report that they found the children entering the dining-room. They inept et= the food, consisting . of meat and potatoes, and found it good. Alter dilter, imputed the chi:deep, and found them clean, and, with slight excep tions, healthy. They had the lull glow of health and it.. ward satiefacuon on their countenances. (A laugh.) We found the bedrooms clean; inspected the ihvalid wards, and found one rise of small-pox ; the other cues of sickness were taffies. We found that eight of the children TWO ready to take situations, and recommended them to the notice of the board. The neat report is that of August the 3rd ; it found the children is a clean and healthy state, but complained of the supply of water in the boys' lavatories is inadequate. The report of the 11th fiept. finds the children clean sad healthy; only seven cans of slight illness out of 1,200 children. 'the supply of water la the lavatories was ample, and changed every day. The children =Leta with ophthalmia were separated from the rest, sod had their eyes washed by th 3 nurses. Some boys who ranged from 14 to 16 years were recommended to be removed V, the tailors' and shoemakers' workshops. On the visit of October 11 the children were healthy, and their food appeared ti tee wholesome. Water was sap Led in abundance from as artesian well, and there were mks to supply his and cold water. They viand the establishment at the early hour of eight o'clock in the morning, and saw the boys bathing and welting themselves ; everything appeared suet sati-factory. The next report is dated 13th November. There were the 1,370 children in the aselm, all clean and healthy. Did not hear a single easaplaint. 9th December, I=B —Het rything in a satisfactory conditioa. The /medians asked the er.ildren whether they would emigrate to Austra lia ; only one of them, Carthy, said yes. Coroner • When had yea notice first of the **thresh of the cholera 7—l did not receive any official notice anal Tuesnay fusing, the 2nd January. I received that notice from • man who had been over to Tooting, and who told me that a geed may of the charm were ill. His same is Kelly. He is present. I masind Is the elles satil a late hour ea Monday evening. A maim might have bees sent at a late hour after I left. It was Titay before I observed it. I immediately seat a massager to 'looting to ascertain the facts, and it wee late la the =miss before listened the answer. l found that some of the children were very ill. We had a board meeting the next morning, sad the matter was mentioned. The medical oiliest was directed to attend at the evening niestiag of the booed. Coroner What was the nature of the notice yea re' aired ?—I think it was a written note from Mr. Droned himself. I am not son whether I received a letter or whether Mr. Drosses brother came up. I think it was a note simply to the effect that the cholera was waging in the establishment, sad that he (Kr. Thant) math make out official report as soon as be could. That was es Wednesday, the 3rd of January. At the beard en Wednesday there was no =Snake se to why earlier =dustiest/la act abided. None was asked kr. The Conner here interrupted the witness to eeagest that every intormatioa pomade should be Riven to_parents in qutnng for their children in the workhouse. He lad bad several complaints upon the subject. One peer woman stated that the first information she had received shoat her child was, that he was dead and buried. (Sensalikelt) Mr. James said that everything that lay in his power should he done to allay the anxiety of relatives, but he amid only speak for himself. Examination resained.—Conser : What steps were then taken I—On Wednesday =calm the hosed met, ad the question wee fully dimmed. The medial officer was de- sired to proceed to Tooting the followlag atoning_ sad exa mine the children. I had received a letter from Yr. Dona, is a bleb he says, in speaking of the children, " They are get ting worse and worse, and what to do I man= tell. We have doctors and annals abandasies: I will madder moss this ~.sing."—Cermer: Was there no explanation se to why there Lad sot bees earlier Whined= t—No.—Was say asked for I—l asked him repeatedly Is give me 'faithful mesa= of the same of the chit Ina who were atlaskod.— Censer : Did he give it to you I—No. Mr. Whitfeld west sad reported that • great number of the children were very bed, sad that in his *piston a removal of ell these mite coo= be ably removed should immediate!._teks plese. This was on Thursday. I called a meeting, widish was had es Fri day morning, sad the quake they was when they were to be removed to. The workhouse was aimed ; but it excited a degree of alarm =ride I same. =pus. It than Ge nre= to some of the gentlemen,meal the met Mr. Winch, that there were wards la the Boy= nee I vacant, ad that pommies might be had is angiltiellante the managers of that institatios. I saw Dr. Eleuelea =A arranged that they should he revived in two vow= Wee& I toimediately got vans 'adman= all who were Is a Ha state from Tooting. This was as Friday, the al 111 children were removed.—Coroner : How may VMS isil behind in cons( quires = being ill 7—lt was stated the II TWO left. Lid there nee 37 in the first instanse.—Conmer : How many are there now left alive out of the 37 I—l am sorry to say there were only 15 on Sunday last. Six are not suienued for, bat it it. imposed they west home to their paves. One little thing got into the van mpensivol. (A broolL) We used every exertion to being away them who &H odes, to as, mad sot to beteg these who did sot =74,0 as. I formed an official lest o: livieg ea , betas Mad up to the previous day. Mr. Demist salted ma is. ea Batarday, and aid 1114 tIIS list was made out, but to his confusion be had come away without it I have so account of 16 leather, while there are only 16 remaining is tho esetalgalmout. Tule are sin anamanented for. I have bawd that two shildron left en W list Dee., probobly takeout fora walk by their permits, sad have not mused.—Carease Why did set Mr. Drum Sire miter inkraution ?-11e wee ant asked. If yes had sera W resider state of madame he was is., you would feel that it was Mal; s i z b eless= the gavottes. WII N the heard of guudians of ths Halm Utile, elemlised: I west with the committee to Testing ; the etiltdres Were at dinner. They were all stead. fag. I believe they Rover sit at meals. I got up 100 pats. Mee, sot ems of whisk was fit to at. These were arm ma to the boys. They were positively black and disused. I did sat speak to the 'Allis, nor did I complain in 0101 presesee. I told Must the potatoes wars very bed. reply was that they had oast him 71. a ton. Tway had as other vegetables. Oa his maidani the price, I suggeseed other food. He made no reply. We passed through the wards. I remarked to Mr. Drouet that the aewly erected rooms smelt aakealthy. Oa of ths committee (Mr. May) sugpole4 that they should he a foot higher. Drouet said heiheald have eamigh to do if he minded every body. The slempleaumes looked okaa. The girls were mustered and looked wall, the boys very sickly lam now speaking sego ilk May last year. We asked:the boys it they had say reemphdat of their food, sad if they had, to Y6'4 utter* heads. About 60 or 443 held op their hands. l selected gee boy whit seemed intelligest, for questions. Drouet beams very violist, and said we were easing him unfairly, and in an ungeatlentanly manner. He lOW the boys liars sad scoundrels, and said that the one I bad selected was the wont in the school. Ho said ha chamfer was at stake, mad if we had anything to say, that was sot the way, sad we ought to be satisfied with his word. (A laugh.) The result of this was that I deemed it prodost to leave off inquiry. One boy said he had a short supply of Wend, when Drouet said," You had a g dinner to-day." me hey then said, " We have not bread enough either for brookast or sapper." I found that UM printed dietary wee onemuce less per meal than in the union. Witness here reed Oa report ha had drawn up, which was subseutfally the imam mkb spoken evidenu.—Beidenoo condueds =tr. as the 30th of May, when everythaig • difilerent 'specs. The potatoes were exodient. I was sseesieed to find that the bread was not weighed.' It was out koillsoriminately into 16 Ones. I examined the meat Ou thing struck me. I observed some of the boys with soft fa • bag, and they were bartering it with others for theft gelatins. I ascertained that no salt was supplied to Os boys. I did not examine any of the children as to whether they had beea punished for what they hal stated ea the previous day. Our report of that visit expressed that the medium were satisfied with the result of their inspec tisa. Than is • peculiarity about oar board that if one set of guallions report unfavourably, the next et are sure to re poet dee sontrary. I did not nuke any formal suggestion for W improvement of the dietary. Having been approved of by tkis commissioners it would have been a difficult thing to Wafer, with. There were no means of ascertaining whether the conditions of the dietary were complied with. I saw the meat weighed. There can be no security on this point in similar establishments. I did not madder that as a gaardeas I had any *patrol over the dietary or clothing. I have bees guardian only a year, and submitted 'spelt to tile more ex soel guardians. I never went sines May ; but it to happened that it never came to my turn. The calculated ant of maintaining children in the workhous, including clothing, is 3.. Id. per week. It has been a. low as 2s, 61d. I think 4e. 6d. was ample paymeat. Ten or twelve shallop • yes, would clothe them as they are clad at 'tooting. Mr. Drouet keeps • tailor oa the premises. I did not object to the dietary, farther than the potatoes. Mr. Drouet said that, if we paid more, we might have them fed better. I heard that Bt. Oeorge'r is the-East paid ss. Mr. Druid promised to reduce to 4s. 31. when provisions became cheaper. Everything was better on the second day's visit; bat my impreseioa was, that our visit was expected. Mr. Drouet apologised. I don't think he had notice, but ha would level it is many ways. Maud Ball, Beg , Assistant Poor-law Consolidator, examiaed.-1 am now a poor-haw inspector. I have in @petted the metropolitan district sines the middle of the year 1943. I occasionally inspected Mr. Drouet's establish ment, about twice in the year. I think it was not properly under the control of the comusksiosers; I think their !sta tions with such estateliehosents are unsatisoutory. Coroner.—Then why did you visit? (A laugh.)—l saw SO regulations for visits, but they regoited infornistiov. I looked upon myself as merely an infotasant of the Poor-law Board, and did not conceive I had power to make any orders. That is the opinion of the board. Toe gn«stion hes been discussed at the hoard more than once, and the conc.uaion come to has been, that they could not issue valid orders to this rr similar estahli.hments. Coroner.—Do you give this opinion looking to the 15th and 49th section of the Reform Act ?—I am not prepared to enter into a level argument as to the construction of the act. Coroner.—We wish to have your opinion, as it is most important to the purpu es of this serous inquiry that the parties truly responsible for this appalling cdamity snould be secertained.—Mr. Hall, at the request of the coroner, pia ceded to read the sections in question , the tenor of winch was to threw upon the comodireuners the responsibility for the care of all pariai poor children. The witness stated that he had considered these provisions, and continued : I have examined two establishments, these at Marlborough Horse and Stepney, connected with the city of London Union. I found that they had n e workhouse rules. I found that rules hod been bailed by the commissioners in 1842, but the commissioners ultimately decided on not in cluding the Loudon union in their regulations. They have remained without the control of the beard up to the present day. The commissioners came to the conclusion that they could not regulate these institution,. The commissioners might hare exercised power by prohibiting any urns from se:Aing their children there, but it would be • very strong unsure. I think that, directly, the commissioners had no power over Mr.Drouet'sestablahment. I deemed it my duty to visit from time to time, and report to the board. My last visit was on the 16th November. I have my report. That inspection was made is company with Mr. Tuffnell, one of the Queen's inspectors of schools. My visit was in consequence of Mr. Drouet having intimated to me that he intended to receive children from St. Pancras. I reported that neither his accommodation nor his supply of teachers and trainers would admit of his increasing the num ber of children. I recommended that he should receive pecuniary assistance towards the pad meat of teachers, as Mr. Aubyn had received some years before. I disapproved of the footing which these establishments were on, and I thought that the pecuniary assistance would brine them somewhat under control. On inspection we went through every apartment ; but our prime object was to get more teachers. In conversation with Mr. Monet we discus eel the probable expense of more teachers. Mr. Drouet expressed his willingness to accede to any preposition ght make. The Coroner : Then the marrow of your prop »Rion was, that he should get a portion of the public money ?—For educational purposes. The government assistance would have amounted to about 2501. a year. We repreunted to him that the school rooms were too small. We fixed the num , beta to be not more than 400 for the large school-room, not more than 160 ter the senior gide" school, and not more than 120 for the junior girls' school, sad not more than 250 for the infant school. The Coroner: Was that an order or an intimation ? I can't say what it was. (Laughter ) Coroner : What additional power would you have, in point of law, if you gave Mr. Must pecuniary resistance ? None whatever, but I think our recommendations would have been more attended to. I did net think that the atmosphere of the school was in a proper state as the time of our skit. It was too hot. I raid so to Mr. Must. The Coroner.—Did you ever expostulate with Mr. Dream as to the crowding of his rooms? Yee, in 1846 I found that the children wore steeping three in • bed, and I ezustulated with him oa the subject, informing him that in tU Unions only two in • bed were permitted. He promised to give the subject his attention, and to have the defect remedied. My memorandum of my visit is, " School foil ; 1,065 in the insti tution; could accommodate 1,100; Holborn guardians have Asked the establishment, and expressed themselves Natio. fleeL". The Coroner.—Did you examine any of the children eri vately / I did sot, except on one point. I asked tne girls whether they were kept up at night at needlework. They said they were not. The children were variously employed - Miliaria., shoemaking, Barden work. lie. I have no recol- Medea el having examined the dietary. I consider the pub , heeled &Nary a fair dietary, provided fair quantities are given dem net specified ; there is no quantity fixed for supper. I tbia that even davits, the cholera there was sufficient se ' isennsodation, provided proper arrangements were carried oat. I bad official authority to visit any establishment in which pauper children were lodged, but no power to alter its internal management Coroner: Probably Mr. Drouet has Testified himself with a knowledge oldie law i—l cannot say. Coroner; Was there ever any attempt made to supersede the necessity for them establishments ?—The only attempt was the proposal to establish district schools, but the outcry against them" was so general, that we were forced I. abandon the idea. The nature of the connexion between these este blishmeaM and the board was as unsatisfactory to the latter as it could be to the coroner. John Bososewtrth, potato dealer, in the Borough Market, had supplied Mr. Drouet with potatoes for 2d years. Mr. Drown paid higher pram than the purveyors of the salon. He alwaysbougnta goodquantity of potatoes. The pries of the best pour tree is now W. to tif. 10e. the Mn.—Coroner : Did yea hear what the guardian ssidabout 100 bad potatoes' I did ,and I think it not unlikely that potatoes might be black in May, when they are going out. You can't keen potato's 12 months without their going black. You know it as well es say one. (Laughter.) The consumption is one and a half tea a week.—Conner : Do you swear that Mr. Drouet has bad as good potatoes from you as you said to people for enriamptim ? I do, except what sold for private = i s who have them picked. Ia Nov. I charged him then n, br private Ilamilles they were IX and 9L a ton C a : What are the qua li ties of potatoes ? Why there are Shaw', Catboat, Yet k Mk t and Regents. (A laugh ) The Regents ere the best aid boll the whitest.—Conner : Do you often send Regents to Mr. Drouet? Whenever I have nothing else to send. (Laughter.) I have not sold him more than half a ton died potatoes is a year for the cows I serve Mr. Armstrong at Peckbara.house.—Cnroner : Why that's where thecholera belie out first. (Laughter.) I also serve Mr. Riehards; Maelborough-bouse, and St. Saviour's L am.—Caroner : Did Mr. Drouet ever complain of the potatoes ? He did in May and said I had got him into dis grace. „ There (mistimed the witness, pointing to Mr Which) is ens of them as complainei, and I know he made It worm than It was." (A laugh.) H. Bolding, foreman to Mr. Wilkinson, baker, was next extrema : We supply Mr. Dronet with tbe mme lanai we sell la the shop. It is not fall•orked bread. We do not send him two goalie's.. We supply his private table out of the same batch. The breed is weighed into the eves at 41 lb.. each , loaf, and weighed afterwards at Mr. Drown's. The weekly supply is shoat 3 toss 7 wt. We take ova shoat 31 cwt. seek Ors• we orti le say : Did you ever weigh in at 41 Ita with any other master ?—Witnees: Tee. with Mr. Robinson, of the Nestrat.—Juror: It most have been a being trade ? Well, I suppose it was ; he failed. (Laughter.)—Jvcr : What is the contrast pries ? 14.9 d. the owt.—Jaror : flow mOO% Is that per leaf? You sea reduce it. (A lush.) J. Grua, botcher, was the next witass.: My coalesce was to supply the best best end mutton. Not the best parts; what we tens a sleek contract. We mend 60 Mose of beef thne these a week, free from boas—the stone ore lba. ; 6or 6 stone of matt.. twins a weak, besides awe whole sheepstone of legs aai shins of loaf three those a week. A wether will weigh from 10 to 11 stoma I sup plied the wether sheep at 4 CL ; the beef and fore.quartme at 4., the stone; the legs sad shins 3d. per lb. Samuel Bowyer, eora dealer and mealsean, examined : I supply Mr. Drouet with flour and split pies. I have sup plied him for some years, but not by c3ntract. I sometimes sell hies 26, and sometimes 60 sacks of flour, guilty No. 2. The split peas are of the beet quality. We send him eight and tea quarters at a time. The price of the floor was 36e. 6d. the sack. The usual weisht of a sick of filar is 20 state. Hs paid the highest price. W. charge various prism.—Coroner : According to quality ?—N3, woordicg to our custenten. Came pay us better thin others. (Laughter.) I utilises Mr Deouetdoes not get all his flour from as. Some. times he has 160 sacks in the year. The Coroner asked were there any more tradesmen to be examined ?—The summoning officer said that the brewers were Truman and litabtury, hot he had not had time to send them a summons. The Coroner said he thought the ends of jostles would be best answered by taking as the next witnesses the children who had been in the habit of sleeping with the four who had died. Mr. Drenet here interposed, and objected to the evidence of these children be 44 taken. The Coroner observed that whenever he wanted to elicit the truth children were the beet witnexis, but was willing that the children at the hospital should be first takes if Mr. Drouet wished it. Mr. Drouet acceded to this arrangement, and the proceedings were adjourned until Friday next. New CITY GAOL—At the Court of Aldermen, yes terday, it was rejoiced to take the opinion of the Attorney and &Schur-General, with the Recorder and Common-Ser joint, u to the proper mods of carrying out the act of parlia ment for building a new City gaol ; and also as to the proper mode of raising the necessary fends for such purpose. METROPOLITAN COMMISSION OP Seweas.—At a mes'iug of the commissioners, yesterday, Mr. B. Chadwick, it relation to the state of Tooting, moved that a committee be appointed to view the encroachments in regard to dua -1 shut up the sewers at Toeing, and, if they see St, to order them to be abated. A report from Mr. H. Austin was read, ea the deLctive state of the drainage at the new palace et Westminster. In this it was stated that a sewer of the Hat lehen is peering forth into the buildings, from one end to the ether, malaria evaporating from a surface of foul matter of between 2,000 end 3,000 square feet in extent. The foul matter, throughout its whole extent, peekok an evaporative surface for the exhalation of noxions effluvia equal to 160 e Is. A long reply, from Mr. Barry to the report was read a nd commenced by 'awning, In the lest ppleer, that the drainage was devised and commenced in aoeordsnee with the rul.s and regulations of the late commission of sewers for Wtstminster." The report and reply having been re cei%ed and ordered to be, printed and circulated, the court adjourned. Citoeran.—Yesterday the Board of Health received reports of the following fresh cues Wapping, 1 ; Sr. John's, Southwerk, 2 ; Carlisle, 6, 1 fatal ; Wakefield, 4, 3 fatal ; 1; Edinburgh, 3, 2 fatal; Glasgow , 63, 20 fatal ; Jedburgb, 1 fatal; Bonhill, 1 ; Selkirk, 1 ; Cunkoek, 3; Caratiuslang, 3 fatal. Total new cases, 78; deaths, 31. The DEATHS IN LONDON registered during the week ending Jan. 13, were 1,449, or 279 over the weekly average of five winters. This excess is produced to a pr, at extent by the sudden increase of mortality from bronchitis and inflammation of the lungs, the deaths from which were 279; those of the former weeks having been 170, while the average is 181. But the execs is principally due to epi demic diseases; the deaths enumerated in this crass were 407, and amount to nearly double the average. Scarlatina, which is on the decline, was fatal to 63 persons, or doub'c the average ; h-oping cough to 6d, the average being 42; typhus to 83, the average being 42 ; and cholera to 94, though this disease, when it is not epidemic, carries off on an average less than 1 in a fortnight at this season of the year. The mortality from small-pox corresponds exactly with the average from th is disease. Mr. Leonard states that " scarlatina of bad type exists in the district to which he is one of the nodded officers. A family in Castle street, Leicester square, has lost six children out of seven, three from the form elided cyanche maligns,' and three from dropsy after scarlatina. The coilsiten wen of uncleanly habits, and the atmosphere of their apartment was intolerable from ammoniated gas. The rest of the house, though adjoining stables, was unaffected and free from unpleasant odour." Mr. itobinson, of the Berwick-street sub-district, also mentions a family of eight persons, all living and sleepier in a room of shout 10 test by 14, at No. 7, Green's-court, in which three children have died of the same disease within eleven days ; and a fourth was afterwards attacked. The average temperature of the week was 39 3. JEWts" LITERARY AND SCIENTIFIC INSTITCTION.— The fourth anniversary of this institution was celebrated yesterday evening by a hall at Willis's Rooms, at which up wards of 400 persons were present, among whom we oh s, reed Sir Moses and Lady Montefiore. Henanel de Castro, Esti , president, and Mrs. de Castro, Philip Solomon', Esq , Chisholm Anstey, Esq., M.P., &c. The arrangements were on a most Weal scale, and the whole affair was conducted with that excellent taste which in social life characterises the Hebrews. The band was one of Jullien's ; it is supe . r fluous to add that its execution of the lakst popularities in pllka, schottische. waltz, &c., was perfect. The salons were all prepared as on the Almec k nights. Dancing was kept up till a late hour. FINANCIAL AND LEGISLATIVE REFORM. MEETING AT NORWICH. The ward committees of the Reform Association mot on Monday evening at the old library room, Norwich, for the purpose of adopting measures to further the move ment in favour of financial reform. J. Colman, Esq ,wu called to the chair. Tntre wu a very numerous assembly of the committees from all parts of the city. The following resolution was unanimously adopted : That this committee will co-operate with the Liverpool Financial Reform Association, and with every other move ment for th r promotion of naionsl economy, in order to se cure not only a reduction of the public burdens, but also their fair and equal distribution." It wu else determine° to hold weekly meetings in a large , central room, to create a strong public feeling in tower of . this object. A spirited address was ordered to be issued to no t the public. MEETING AT SHEFFIELD. A numerous and enthusiastic meeting of the in habitants of Sheffield was held on Monday evening, at the Council Hall, for the purpose of establishing a New Reform Association in Shefliad, to co-operate with similar societies established in linehgter, Liverpool,. and other towns, with a view of promoting finangal and legplative reform. Mr. B. gaunt was called to the chair, and stated that the meeting had been called for the following objects : 1. To establish a new reform association in Sheffield ; 2. To con sider and determine respecting a project for the reorganise hots of the liberal party throughout the West Riding, which has been agreed upon by the central committee at Norman ton. The plan which was proposed for the Sheffield district was very simple in its character. Its objects would be to look after the registration of flues who already possessed votes, and see that they were properly registered ; to attend to the registration of those electors wise have not yet been put npoo the register ; and to assist and promote the formation of new freeholders with • view to en increase of the number of county Totes. This last they wandered an ezeteediagly important measure. The meeting would be well aware that as the present state of things, to a con siderable extent the House of Comatose was of an aria tocratic chuaeter, awl that many of its members had a direct Jewett in the maintenance of that large expendi ture upon the army and navy, and in other ways whisk those sow present wanted to see reduced. They _waned to see the general tuition considerably diminished. To effect this they mast have a considerable control over that house ; and whenever they should be able to say to the West Riding We have a majority of 5,000 voters on the list, on whom we can depend for the advancement of the new reform movement," he had no doubt that the mere announcement of that fact would settle the question of the election. It was not those who represent this movement who lost the last election, it was those who had upon their banners the motto Civil and religious liberty"—but who on that occasion showed very little attachment to the kind of man they had chosen as their representative, They (the promoters of this movement) were therefore anxious to increase the numbers of skean. He felt confident that they would be able th to do this ; and that they had it in their power wi proper vigilance, to return their own members to parliament the neat time, and to exercise a very wholesome and reasonable influence oveg the Hone of Commons with reference to that great gesta tion. He felt as confident of success in this matter as be felt when they were advocating the abolition of the eon laws. (Hoar? Mr. SOLLT said that they were all aware of the great meeting which was held at Manchester last weak—a meet -1 which might make them proud at hsvicg such a man as Biohera Cobden for their representative. (Cheers.) Bat it was not sufficient merely to admire such men. They mast' make preparations for holding such meetings themselves— they must organise themselves thoroughly • and it was ler that object they were now met. He then read • sketcher the proposed constitution of the New Reform Asocial , " which declared tha Ito *tots et the at— mity should be to preset, Erse bade, the othertiser the rop. lemetal we to croon the eztemies et tellitieee eakewalts , That sawmills. be sopotated mhos. room owl Mho well be to Mewl to the restettedea of yews sprint herein or pie seereteries Ind ape% to e Woo me piterentlless synths perporee. mei &her del= or err elleetkote r the widen marts ; to moons new s= teen esegainferar Mier the sonetr, to wisest is emsbeebil=dletp ley pabtielesetbar, redden. - ba., is is their johomee oesolo eorthe state of put em pollt thanrinffir &Walla; sed by all legal sod memo tiara tit* power to _womb timely polite:ol2om wed pot sod owinsadedwftimsosuoa (tithe national again Some other gentlemen having spoken, and resolution' in mordant* with the objects of the testing having been passed, the proceedings terminated. LINIIT-OIN. W. PATINA, COLONEL-TAILOR OP 27TK 33U I$T. _ ;ACT.-COL. W. NAPIIII, Z.!, 43aa MOT. I . it las bees assertail flat I ban ;reed regiment- hie [tis;iiiitisslafaMiii] an- ' ally in the artillery, the &amble firmness in battle earthy, sad the I t n ; in tie reset of a ale homy and in ligh corps; BMUS& un 'by assent in the staff, la • sabordi- fatalism. Never was a sore sate cps try , and as a gee- staid& Weeny attend. Na moral Mawr. I ban la palmaN troops fought is passe sad in weg men the bright fields when every workiag of our military halms aught some beams of Tl7Me" the Duke of glory, bat tie DA neldiee e the Duke of Wel. maqueeduadeetimesiddielle =tillSir Joha oar*, of slistocreey. No henna ' R esesral Robert Craw- awaitedhisdariagoso i d p = ford, all riganas gave his ens to the rinse, though of different et his countrymea ; his UN of methods—tho last three of drawer mai hardship was na sap:dative messy is their cheered by hope, his death sl am I kin, while in is. asked. Did his brew them tbensent, aninflueueed by fore sink ? Did he not endure military associations, and wish nasurpreskag finitude fres the midst of passionate the sorest a sustain the politician, whose prejulices most terrible assaults in battle and sympathies were sit op- 'assayed, overthrowing with posed to our silken eye- Incredible energy every oppo ses, *nerved its mosses. sent, and at all than prove I have studied saaidnausly that whileno physical military the systems of other as- qualification was wench's, the tins, both mann and ma- &sat of honour was albs full dern, and I have never and frail within him ?"—Pe been able to reach any on- isassular War, vol. 3, p. 268 elusion unfavourable to the Auto 1840. N.B.—The 9th British system."—A Letter and 80th Foot saved India at to the Times. January 16, Noodkee. What rewad have 1849. they received ? A CONTRAST. IRELAND. DUSLIN, Jer. N. The rnmo..rs vagaries contemporary the Horning Herald mentions about Lord Clarendon leaving this country obtain no credence here in circles which ought to be acquainted with changes in the adminia tretion. It is, however, well known that Sir James Graham is most anxious to try his powers with the 1 " Irish difficulty ; and it is believed that if even he had a share in an Irish government, that he would pursue a far more liberal policy than might be sup posed from his antecedent course in politics. The decay of the landlords continues. Within the last few days the lord lieutenant of a county in Mun ster had thirteen executions against him. The Free man's Journal, of this morning, thus alludes to the once great commoners, whose break down is matter of general conversation : " From every side we hear the crash of falling families and fortunes. Members of the old patrician houses, some of the most ancient, and most aristocratic in the land, are outcasts and beggars. One southern commoner has fled in dis guise from his ancient castle, alone and unattended, without host or retainer, to avoid the inconvenience of the Gazette. He was supposed to be the wealthiest and safest proprietor is the south. He turns out to be penniless, and his incumbrances hard upon a quarter of a million! Another instance of a reveres of fortune was lately brought to our notice. A gentleman, with a nominal rent-roll of 10,000/. per annum, who lately filled the office of High Sheriff in a most important county, and represented one of the most honoured protestant families in Ire land—a family, too, to which the catholic pro prietors of Mundt r owe no smell debt of gratitude— this gentleman, we have heard, is now waiting at the office of the poor-law commissioners, looking for a oardianship ! WALES. CARDIGAN BOROUGH ELRCTION.—A oornipondent says :—" We are li►ely to have a severe contest here between t►e conservatives and liberals. Three candidates are in the field, the Hon. Mr. Vaughan, broth. r 83 the Earl of Lis burne ; Mr. John S. Harford, of Bristol, who was defeated in 1841, by the late member ; and Mr. Pore, who has been invited by the Aberystwith voters. The friends of Mr. J. 8. Harford, were et Ahem , n on Wednesday lad, he having arrived from Bristol on Tuesday. The whole of Cardigan has been canvassed by him. That is his stronghold. It ls not expected the Hon. Mr. Vaughan will proceed to the poll, his supporters being so few. PROVINCIAL. L4NCASIIIRE. PROPOSED CONTROL OVER TUE EXPENDITURE OF COV:YTY RATEL—There was a large delegate riveting of boards of guardians from all parts of Lancashire at Newton le-Willows, on Monday afternoon, to discuss the question of county-rate expenditure and the beat means of effecting a more economical arrangement of it. Mr. R. T. Parker, a magistrate, occupied the chair, and showed that the questioa of economy had been unsuccessfully pressed at various periods by finance committees of the magis trates themselves. Mr. Roberts, clerk to the Rochdale board of guardians, through whose instrumentality the meeting bad been plied, then addressed the assemblage at great length. contending from documents which bad been pub lished for the private use of the magistrates, and from evi dence taken before committees of the House of Commons more than ten years tines on county-rate expenditure and the state of prisons, that it was manliest there was great es travagance in Lancashire in all departments of expenditure— in the county constabulary, in the salaries of gaolers and chaplains, in the repair of bridges, in prison dietaries (shish cost more than that of any other counties), In the expense of coroners, and in prosecutions. He also showed that ail attempts, however respectfully intended, to bring the matter under the consideration of the magistrates by depute lien or memorial, had been contemptuously repulsed, and *lntended that, if those who paid the money wished to oh ' tain any control over its expenditure, they must seek it through the legislature, a committee of whom, in 1836, re porting to the House f Commons on ceunty•rate expendi tare, observed, " That the plan of applying the machinery tithe new poor law to the coot/snitg of the county ex geoditore appears to us to be not undeserving of attention." IA aeries of resolution' were ultimately adopted by the meet fsg to the effect that, in consequence of the serious amount lag which the gross county rate had arrived, they felt it im punitive to take steps for a more economical expenditure in future; that the itreloosible power of the magotrates to contract debts and charge them oa the ratepayers was a principle co unjust as to call for the interference of the legislature to give the ratepayers control; that such control would be best obtained by county boards co mposed et magistrates and elected members from each of the boards of guardians; and recommending petitions from every union and tewnship to government, praying for a legislative enactment to constitute such boards. —The meeting lasted till five o'clock in the evening. There was thorough unanimity in the proceedings, A VERDICT OF WILFUL MURDER has been re turned at Wi ,by the coroner's jary, against Bernard em u, of stranding his wife. The Manchester Ex. trouser reports that the deceased, when Kay married her, about eight months ago, was maintaining herself in a re spedible manner by letting apartments. Kay was always considered a dissipated wan, end at the time of the marr i age he left the party in the chapel, previous to the arrival of the priest, and was absent for two or three hours. On his return he was intoxicated, II!at the esjeatig was proceeded with. A CHARTER OF INCORPORATION FOR TYRE YOUTH has been petitioned for by the inhabitants of that town. The usual natio* appears in but night's Gazette, stating that the petition is referred to the Privy Council, for corisiduatica on the 20th of Feb. next. =San r........ POSTSMOUTH ELECTION.—The Right Hon. Sir F. Baring has issued an address to the electors of Portsmouth, in whisk, after referring to his appointment as First Lord of the Admiralty, he says : , .. lam aware that some tiny triads see otenstmeed to look with st the rereecatano• of Pernnieuth nig Mill by way person = :11 ennestadwllli the Addseity, eml 1 en net seerised at this but es I de net ewe lay leng semeolim with yea merely red hulloes been tessioi tog psis far SO rms. drain mu I trust tbst there Is so Iset groood kw any dinnist in my UM. asters. relmel wive egret mach =m to the lied raises fen my egret eseempion with the 7: nave had this tools mash mod whit it told spinet am bet I Nest holdout enywasil~ordom Illedaty atuyollioe malt alarm mem le men_ Msliee I sliall have to sabres me ow Intim esdameeMettbsimineed. Ilmowleowpslatolthatask of releedma always to, sad hew heavily it rums as personal in. meek bat when dons kat le deos aim, and I cannot exempt Foramen& es permed rounds. Lard Arland issued repletion* minding remotion la the yard. I mow in the principle of those rrsuladone—mnisly, that whoa me Is the deprived a man should visa by his sembast , sad sot by favouritism or ;political interest. I wid rOsaeser beigive ant to the principle se full st Portsmouth so armben. Illnit romp In a pllmt will be entrusted to ma. ITM ant exam to me it niato ratify my own per. hellips et frisedship, much !OM to lee r ire those who may not Demurred ase, though they have servedcountry. • insk. ORATORIO AT THE E FREE-TRADE HALL, MAN CHEBTER.—MdIIe. Jenny Lind has accepted an engagement to at an oratorio early next month, in the Free trade Hall, heater. Mendelsohn's " F.lijsh "isto be pro duced ; and all the principal vocalists wha song with Mdlle. Lind at Exeter-hall are engaged for this occasion, with a selectiou of choral singers from various parts of Lan cashire.i A large, fine toned organ is being erected in the Free-trade Hall for the occasion, and, as the direction is in good hands, it is expected that the piece will be got up in a ails worthy of the great composer. There are to be 200 performers. CLERICAL. LIST MORT'S Gaup& contains an order in council u &shin a partien district to the eaneemated mum* of St. John, Alkmontan, Loopfod, Derhyddres dim Lhhfield. Paarnimainn.—Bov. T. itillyard, to a canonry in Ches ter Cathedral, value 3001.—Raw. C. Terry, to Stapleton C.. 0100C•Ster. —Bee. C. F. Seymour, to Wuseldlald H., Manta, db. Min. 2471., with teatime : pat., Rev. R. E. St. John; meant oy the dodos of the Rm. Paulen tn. Jobe. G. 4.11 NAVAL. Patsy-Monsx.—Tas Lass.—ln List night's Gasate *odes is gives to the glare sad craw of the Lame that a distribu tion of the toonsge homily ratted for the capture of the Brazilian brigandoe, Segued* Caoecicao de Marie, on the 6th July, 1646, deo _.„ • • • •-e , a41 , 14 7 . : 10 . 1.1.0 • at an Wants% be part of the numbs of prnkillmi. trld be mole at Na. Clterins.eras, am the bish igen = conmesier, 274 lb. 7d.; Ist dr% he. std. ; Sod aka. 41. I7s. 70.; bleirk V. Is. Md. ; au k pm. Um Ike. ; dies. sos. lop.; ilk dim aa b also ghee bet en aseouM of the Summer hemp Naehmil by Ms a/taad Ike Steam bilPit• that Swab Oinneisem de Mob. by lam. ea Oh My. PM ohm desisewdlertd OS WPM= bearing peolossem the semeb, el he dolleised Ye the logien of the &Waft es the 1116 inet—Wasmesmas—Matiso is dogleg. Mk the asensmt ales of the peurede Min Ikea the impure at the slaw anwal, one kw known tenspessA la he await, by Wlallettlillb.T. T. lasik, labesa =whew, ea ifs illthea via be i in lla Ws Court et Mislallig saw sha the Nth Wit. YOUTOstobli. J. it —Rapid is to be pali fail Than t'. airiseriolid to be the Cywst, la ow limn* save of as sesetel Nara *an Masa. les as dada the —. Wish Ws yes IS sue berbs and lad thrown two guas wertord.--firsykaallw. st. e .v., maw pa rr babes: yesterday to It br Ibralipt oardoe ; thetlaatioa not stated. ADIttaLLST,Imt.I6.--PAOXOTIOX.—C. J. Polkiestense, tote maatar.—Arronnuams.—Lieut. W. E. to rounmuutd the, Pluto. earn. 3. Wines, to be superlatendent er Neptune con via IMP. Natal boraces : O. Mater, to Venreenee. Aaaht..Surg. A. Wawa, to Walitalay. Clerk to ekarge .; T. C. Thane; to Ante. logo. Waters' ataistaata : W. Steam to Ilagard S.F. kedwail, to Boleti . Midshipman V.A. Z. owning, to Ada. Ego EnidHaut. EQUITY COURTS.—FmronDAY. Detre the Lard Chancellor. DIXON O. THE QOZIN.—PETITION OP RIOHT.—IS may be remembered that Kr. Dixon'. petition of right, claiming repayment of the sum of His. 44d., exacted from him by the officers of excise ia Ireland, beyond the legal sum pay able for his license, was: argued before the Lord Chancellor soma time ago.—Mr. Dixon at the mining of the wart yes terday respectfully cc quested his lordship to give his judg ment. He came from Dublin for the purpose, sad he was anxious to return as soon as possible. He handed up a paper to his lordship, containing what he had to say, and he would attend again at the visirg of the court to hear his lordship's judgment—The Lord CWincell ir said, " Net to day, but to-morrow morning I will dispose of the mat ter." ATTOZNIT GINEBAL V. WILSON AND OTHERS.— CHANITY.—TItis appeal was further argued end adjourned till Friday. Bekaa Tlce•Chsnoellor Knight Bruce. THE ROYAL ETCHINGS. Putwcz ALBIIIT V. STSAMOZ.—The Viet-Chance.- gave judgmeat in this cu as follows:- On the 20th of Oc tober last, the day of the commencement of this suit, the plaintiff obtained on affidavits, without notice, an injunction against one of the de fondants, a publisher in London, to this effect, to restrain him, his agents, servants, and work men, from exhibiting the gallery or collection of etchings in the bill mentioned, or any of such etchings, or from making or permitting to he made any engravings or copies of the same, or any of them, and front in any manner publish* the same, or any of them, or from parting with or dipe*. of the tame, or any of them, and from selling or in any new net publishing, and from printing the descriptive catalogue in the bill mentioned, or any weeks being or purporting se be • catalogue of the said etchings, until further order. The bill having been subsequently amended by adding' ' defendants and otherwise, more affi Writs were afterwards, on the 6th of November, filed, with the view, as I collect, of obtaining against one of the added defendants, Mr. Jasper Temsett Judge, who has been styled at the bar an author, an injunction similar to that which had been obtained in °Mohler against the publisher, and such injunction was, I be Bove, en the UMW 6th of November granted, and is still in fetes against Mr. Japer Tomsett Judge. By it, however, the ease of the publisher, entrained by the injunction of (Weber, has been treated on each aide as not:affected, and I so treat it now. In December the publisher tiled his answer, and gave notice of the motion which was argued before me previous to Coristenu, and of which I hays now to dispeie. It seeksepartial dissolution of the injunction obtained in Octo ber, in these terms: It asks that the injunction awarded in this suit against the defendant whom I have mentioned, whereby he, his agents, servant., and workmen were strictly enjoined and restrained from exhibiting the gallery or collee. n of etchings in the bill mentioned, or any of such etchings, or from making, or permitting to be made, any lugs, or copies 01 the same, or any of them, and from in any manner publishing the same, or any of them, or from parting with, or disposing of the same or any of them, and frem selling or is any manner publishing, and from printing the descriptive catalogue in the bill mentioned, or any work being or purporting to be a catalogue of the said stage:a, until the said defendant should fully answer the complainant's bill, or this honour able court shuuld make order to the contrary, may be die s lved so far as such injunction restrains the defendant, his agents, servants, and workmen, from selling, or in any man ner publishing, and from printing the descriptive catelogue in the bill mentioned, or any works being or porponing to be a catalogue of the said etchings. A substantial portion of the injunction was therefore left unquestioned. The leading facts for present consideration (taker g them only from the four affidavits filed in support of the motion in Octob. r—the catalogue and the sneerer ; those six documents forming the evidence on whicn the publisher's counsel successfully con tended that the motion should be solely argued) may, I think, be stated thus : A lady and gentleman, the latter being the plaintiff, having, with a view, no doubt, to rations and domestic amusement, learnt the art of etching, executed from time to time, for their private use, several works of the following description, some from drawings by themselves, and some from other works of art in their pos session. They had a press also at their resi dence, pertly by means of which, and partly by employing a printer in the country, they took impres sions, for their own use, fr-em the plates. The plates them selves, remained io toe custody of the plaintiff or of his con sort, or in the custody occesiunelly, or rather temporarily, of Mr. Brown, the printer, for the purpose above mentioned. A few of the impressions were given by the plaintiff or his consort occasionally, but not frequently, to some of their friends. It is probable or certain that of some of the im pressions no copies were ever given. In this state of circum stances, in Octuber, 1848, appeared the production, called in the bill for the injunction, and calling itself, " A Deutip. tire Catalogue," being a pamphlet of 30 pages or more, printed by the defendant the publisher, relating to the etch ings I have mentioned, containing a list of the impressions, that is of 63 or 61 dill rent plates etched par.ly by the plaintiff and partly by his consort. This list comprises a de scription of the weeks, with various remarks upon them, in cluding very energetic commendatiuns, and of these not • few. The correctness of the list (however obtained) seems in point of enumeration of the subjects and dives of the plates to be unquestionable, whilst the particulars and observations ad.eed may be inferred to be as not wholly aceurote, not wholly in eccurate. Toe pamphlet came forth in a printed cover, upon which as well as upon the title page it professes to be a descriptive catalogue of a gallery of etchings, by the name and the rat,k of the pleintiff's con sort and himself. The cover was emblazoned with an im pression of the lady's coat of arms, and announced that every purchaser of the pamphlet would be presented by permission " ((or so it says) with a ft:l-simile of the auto graph of either the plaintiff's consort or himself engraved (rum the original, the selection being left to the purchaser, and the price is el:peace, An introductory essay or Barra live, preceded and headed by another representation of the coat of USW, states the contents of the work to be " A Col lection of Etchings perfectly unique," executed by the pl Lin tiff's consort and himself, which the proprietor (not naming him) " has bun induced to submit to public exhibition." After some anecdotes, some elections from the newspapers of the year 1846, and some very perspicuously expressed com pliments, it d. clsres the whole collection—that is, the 63 or 64 etchings—" to be cow submitted to the inspection of the public under the firm persuasion and in the full confi donee that • numerous clam of persons (mentiening the class) would highly admire and appreciate," and so on. It concludes with an intimation, not that the pam phlet or the acquisition of the means of com posing it would be, but that the abstaining from such a proceeding would be worse than a theft. This is, however, in poetry. The defendant, the publisher, it seems printed 51 co: lee of the pamphlet, and in the second week of October he and the defendant, the author (for the letter of the let of November, in • part of the answer, is said to have been the act of both) caused one of the copies to be delivered in an envelope (I believe a blank enveloce) ad dressed to the consort of the plaintiff at their residence, and that was the first notice of the publication; the first notice of a scheme or proceeding of any such kind as it declared which the plaintiff's consort or himself received. No one has sag gested or seemed to suppose that the exhibition thus remark ably announced, or :hat the publishing, or printing, or com posing, of any catalogue or pamphlet, or that any publicity on the subject of the etchings was ever sanctioned or intended by either. The plaintiff's affidavit of October states "although copies of some few of the etchings had been given oocasion ally and very rarely to some of the pommel friends of his con sort, one to one friend and one to another; " yet, speaking positively as to himself, and to the best of his belief, for his con sort, no such collection as that advertised for exhibition was given by them or either of them, or by their or either of their permission or consent; and that he believe*, and bu no doubt, that no such collection could have been formed, except by impressions surreptitiously and improperly obtained, and that it has been so formed; and that he believe* " that such catalogue, and the descriptive and other remarks therein contained, could not have been compiled or made except by means of the possession of the several impressions of the aid etchings so surreptitiously obtained as aforesaid." Upon this and the three contemporaneous affidavits, I had no Imitation in granting the injunction in Oct,except as to the catalogue, and with regard to that, the batter course seemed to be, to allow the injunction to extend to that, receiving an under taking from the plaintiff, and also from hie solicitor, to abide by any order as to damages which the court might thereafter make. The answer of the publisher states his case. He says be knows nothing personally of the truth of the staettnorts in the plaintiff's belt relative to the making the drawings, etch ings, and itspresions, bat has no reason to doubt tine truth of such statements; that he does net know whether such impreseioas have b-en made for the plaintiff's own use or under such circumstances of privacy as set forth in plaintiff's bill ; denies that he has surreptitiously possessed himself of any of snob impressions; believes it to be true that acother detendsnt, Jasper Tomsett Judge, purchased certain impres sions of etchings made by plaintiff 's consort and plaintiff, from a person named Middleton. Defendant says that one and only one of such impressions was sent to him for the purpose of being mounted. A list of all the impressions et such etchings, which have been obtained by the defendant, J. T. Judge, are set forth in the catalogue mentioned in plain tiff tsbill,butdetendant cannot et t tenth albite:W*li the impres sions of such etchings as have been in the pouession of the other defendants. Believes that J. T. Judge has a collection clench etchings. About the end of Augurt, 1849, the defendant J. T. Judge, ceded upon defendant, and proporsel, to enter into an arrangement with attendant to exhibit said femme sions, provided there was not the slightest objection on the part of plaintiff's consort and plaintiff, and it was then ar ranged that an exhibition should be formed at the,Egyptian Hall, and thatdefendaat should advaseethe nursery lands, and that the defendants should equally partieitiate is the profit,. This d. readmit did not believe that the ffampreemious had beim iseproWz i obtained. The defendant, J. T. Judge, wrote a Sive catalogue of said tupressemes, ' which toes plated hy defendant, and 51 copies, and no mere, wen Week of and the type was then broken up. Be haves that en the 9th day of October, 1848, J. T. Judge, with • view of Waging the subject o f said exhibition to the notice of the plalattr 'consort and plaintiff, sad of weer talnicg whether the said exhibition would be objected to, sent copies of the catalogue to them and to various other persons mentioned, who are connected by family and by me vice with the plaintiff and has consort. The rest of mid 51 copies, examtlag one given away by J. T. hedgeoiew ere end remain in the hands of defendants fur the purpose of these proceedings. On the 13th of October, 1848 defen dant was at Barnsley, and while there understood that Mr. White, the solicitor to plaintiffs, had called upon his son, and expressed their disapprobation et the teen con templated exhibition. Upon becoming aware of this, de fendant immediately determined to abandon all Idea of any exhibition of said etchings whatever, and from that time has wholly and altogether abandoned the same. Cannot set forth as to his belief whether toe other defendants intend or threaten to make • public exhibition of said etchings. He (Strange) never threatened to make any ergenviag, or copies of such etchings, or in any manner to publish them. It has been his anxious wish, as a loyal and dutiful subject, to comply with the wishes of plamtifi 's consort, not only by abandoning the exhibition, but also by delivering up every copy of the catalogue in his possession. Then comes • series of COMMUIIiCiaOIII between the soli citors on both sides, all set forth in fall : • correspondence nut singular in this, that the longest of the letters do not lay most ; or in this, that it ended in nothing. There may be a stage of the cause, at which, possibly, these letters may de serve consideration, but for any present purpose they are immaterial. I, therefore, pus them over. Having read other passages from the documents before the court, his Honour continued : These are the only porgy' that I think it necessary to read for the purpose of doing justice to either pare y, as to the mode, in which the defendant Maws his ciao. Now, this is an answer difficult, I thiak, or impossible to read, without being per suaded that if the person whose answer it it, did I with a tam meaning what he said he did, he acted in a very extraordinary manner. Indeed, that he being by business a publisher, by residence a Londoner, and of an age so mature, as tram the answer appears that he was, should have had the intentions which he ascribes to himself; that he should, n. vertheless, print and deal with the catalogue or pamphlet in the way in which he did without any previous or &MOM panyit.g communications with the plaintiff or his convert, or any servant of the plaintiff or his cousin t ; moreover, that he should have done e° without cbtaisine, or endeavouring to ob tain, information as to the origin or knowledge of Middleton's pmeession, or of Jasper Tomsett Judge's Ode—that he should also have printed 51 copies, acd only 51 eopit a, and then break up the type (this last fact cot being represented as having taken place after the suit or any remonstrance) does seem to me a combination of circumstances that no man could have stated without surer:se. I confess that (not attributing any weight to the omission of any mention of the place of exhibition, the hours and price of that exhibition— not forgetting that overt acts are not always sure guides to the interpretation or discovery of thought, or that a certain degree, indeed a very considerable degtee, of attention is due to the answer) the facts not disputed by the de leedant, whose answer it is, wcul I, but for what that answer has shown as to his intention, have rendered it in my mind (to say the least) a very pro table conjecture that he never imagined that public exhi bition of these impressions was rationally possible, nor printed nor dealt with the catalogue for any other purpose than tied of being (in common language) bought off. That this was so, I do not of course say, nor is it necessary to state what, it I had now to try earls an issue, with or with out the newer before me, would probably be my conclusion. Whatever opinion ought to be formed of his conduct, how ever, I think the proper and correct inference for soy pre sent purpose in the materials before me on this motion is that the person called Middleton in the answer (hy whatso ever process or means he obtained the impressions acquired from him by Jiver Tomsett Judge), obtained them wrong fully es against the plaintiff and his consort; this Jasper Tomsett Judge eid not gain a better title than Middle con had, and that the defendant, the publisher, veined Ino better title than Jasper Tumult Jades. This 1 say in dependently of the circumstance that the injunction of October is sought to b: displaced only to the partial extent already noticed, and without regard to the state of the ease as to the last mentioned petition. Nevertheless, upon the answer and the four affidavits of October, and the catalogue, the publisher's counsel contended that the injunction against him ought so far to be di,solved, heisting that the portion of it wi.ich they impeach is not supported by any ground of title that a court of justice can recognise or der I with. Tcey contended in substance that, so far es the plaintiff cot iplaias of an offence, it is an offence nut against law, but aenitast manners. With reference to this paint, Mr. Rowell re marked in effect, and I agree with hum, that the order and well being of lite depend often greatly upon things which are not within the cognisance of law, and require in a great many instances no protection or vindication by law. It wu asserted by a great orator and writer of the last generation, sell per haps truly, " That manners are of more importance than laws, as giving their whole form any colour to our lives." Still, however, some breaches of good manners are breaches of law also. There is no difficulty here as to the former. The question here is as to the latter. The de fendant's counsel say that a man acquiring knowledge of another man's property without his consent, is not, by any rule or principle which a court of justice can apply ele,wever secretly the latter may have kept, or endeavoured to ki ep, his property) forbidden to communicate or publish this know ledge to the world ; to inform the world what the property is, or to describe it publicly, whether orally, or in print, or writh g. I claim leave to doubt whether, as to property . of a private nature, which the owner (without infringiug the rights of another) does retain and keep in a state of privacy, it is certain that a person who, without the owner's consent, expressed or im plied, requires a knowledge of such property, can lawfuhy avail himself of knowledge so acquired, and publish without his concurrence a description of the property. It is pro bably true that ouch • pubacation may take place in a man ner, and may relate to property of a character, which (without inquiring unto the lawfufeess of the act) is too slight to deserve attention. But I can conceive a case in wbich publicity would affect a man's interest or feelings, or both. Fur instance, the nature of the unfinished work of en artist, if prematurely made known to the world, might be painful and deeply prejudicial ; nor would it be difficult to suggest other examples. I may here, perhaps, remark in passing that there are several offences against property and morals which, though causing most serious pain aud affliction to individuals, the law refuses to treat as actionable unless those offences have occasioned some recognisable injury of • particular kind, which it designates special damage, but when such injury has been time the law permits it to be made the subject of litigation, and to be redressed civilly, to an extent propor tioned to substantial justice, and, therefore, frequently mach beyond the special damage while alone can enable the party to take any proceeding. It was suggested that to publish the catalogue of collectors' gems, coins, antiquities, or other curiosities without his consent, would be to make use of his property without his consent, and it is true certainly that a irocetding of that kind might as much embitter one collec tor's life as it would pious and flatter 'nether. It might do the owner damage in the most vulgar sense, for such cata logues are much sought after, and fetch high and substantial prices. They are not merely exa m p les of pain and injury to mere sentiment ; they may be atnd something else be sides ; but, as I just now said, and we all know, pain inflicted in point of sentiment and imagination is not always disregard.. din courts of justice. 1 allude now to cases of which those of seduction and slander an instances, and, as an example somewhat different, to those of trespass. If Le trawl the damage caused is so small as scarcely to be ap preciable, and as would be compensated amply by the smallest coin, still if it Is accompanied by expressions of malignity, insolence, affront, er reproach, which by them selves could not be made the subject of an action, they may be considered in a suit for trespass as swelling the damages to a heavy amount. So la a court of equity, I apprehend, if a wrongful act is done or threatened, in re spect of which the interposition by injunction may take effect, the discretion with which a court of equity might de cline to act might probably be influenced by considerations not sufficient in themselves to warrant judicial interference nor do I suppose that Lord Eldon, in " Gee c. Pritchard, " or elsewhere, meant to lay down a di erne rule. The arm logy, or supposed analegy, upo which tho plaintiff's counse appeared mainly to rely, was that of manuscripts : and as the law and various authorities on the subject of unpublished writings were canvassed during the argument at the bar, it may not be quite a waste of time to pause awhile upon that particular subject. The de cision of the House of Lords in " Denaldion v. Becket," is not inconsistent with the answer of the majority of the judges to the first question put to them—namely, ' whether at common law the author of any book or literary coulee ' sition had the sole right of first printing and publishing the same for sale, and might bring an action against any eerson who printed, published, and sold the same without his con sent.' The answer of the majority of the judges was in the affirmative, for reasons which I believe are generally and universally correct, and agreed to be correct. There were earlier, as there have been later, authorities to the same effect. In " Jenson v. Walker," decided in 17:4, the point seems treated as clear. Lord Hardwicke, in a report of the case given by Mr. Swanton, says " It is immaterial whether the question vises on letters patent or geceral pee -1 perty, both are to convey a right or claim. I will only say that there is no determination of the general point. Cases of pirating copies from unpublished books do not come up to the present case; 041 were never made publics jure, but are as much the author's as anything else in his closet. Such are the cases of Mr. Webb, Mr. Forester, and Dr. Burreet's treatise de statu mortuornm, in Lord Macelestiele'e time. The strongest thing is what is said by . the judger in Bey tah,iodur'oe.tcatierie coca ion t o: r th m e g g n e io ner t al h. n s g ain ht e ." poLinotr,d end is " Southey ti St 'Tweed " (2 )(aired*, 407), he eape " It this publication is an innocent one, I apprehend that I am authorised by decided cases to say that, whether the author did or did not intend to make a profit by its publica don, he bas a right to an injunction to °revert any other person from publishing it." Nor is this right to protect in nocent writings from being published without the consent of the &utile', confined to those which he has kept in a state of entire privacy and secrecy before the invasion complained of. The right is not lost by partial sod limited publication, not made with a view to general publication, as is shown by Kee ra! cams, particularly that of "Lord Clarend ra's History" and others,smonget which is included the use of the pater written by Or. Burnet. " Macklin te Bache:than" bears strongly on this point. Mr. Macklin had allowed his popular little drama, whilst remaining in manuscript, to be perfernied several times. There are else the cases of " Colman o. War ree," and the case of " Marino kadiero" (Murray a. Effis-