Star. — London, England, 1828-02-20 00:00:00

io dis King's Comity sgriOst the Acts regulating LW: Vestries and the :eV-letting of Terseasents.' SPRING RICE Pii;ertiid rintitar. Petition from Lime!'id. The Hontitrahli Member said he could note nem in theta-11 , er of the Pe itioners, although he t h oug ht hi.nsell boond in dcity to his constituents to premit their Petition, and to state their views to the Hoyle , The Aet relative 'Co the Sub-leases might re lairiieonsiderabbt amendments, but the principle of the Act was beneficial to landlords and tenants. grueßt presented a Petition against the-tub-letting Att. He thought the Act might be amended. though it 'was grounded on a right principle. Upon the Question that the Petition be brousht cp. Mr..I3ROWSLOW made some observations in sup port of the Landlord and Tenant Bill" which, he con tended, was calculated to produce great benefit to Ire land. That Bill, sifter having been introduced, was 'printed, and had been circulated throughout Ireland. tone great benefit which would arise from it was, that it would prevent that under letting (unless under cer. 'thin circumstances). of small portions of land, which `as found so injurious. - Sir H. PARNELL also defended the Landlord and tenant Bill, and was ready to avo* the share he had taken in its formation. He hoped the House would at length take the real state of Ireland into its considers. Lion, and getting rid of their nostrums, adopt seine sound principle of internal management, by Which that industry of the country would be fairly stimulated. Mr. GRATTAN was not opposed to the principle of the Landlord and Tenant Bill, but he thought time ought ti he given to the people of Leland to become) acquai • tee with the nature of its operation. %Vial respect to emigration, he for one should oppose himself to raising a loan of a million, as had been recommended, for the purpose of sending 80,000 of the Irish people to 'Canada. He thought that remedies 'of a different nature ought to be provided for the'esils existing in that um , happy country. , • Mr. GEORGE MOORE thought it would be too' much to say that the misery to which Ireland was re• duced by the existence of her large unemployed popu lation, was to be traced solely to this Act. He though - 1 that the House ought to take into their consideration. the best means of redressing the evils under which the, population suffered for want of employment, and they would then be confer ring a real benefit on Ireland. General HART thought that the superabundant po pulation of Ireland without employment was the great' tvilvf Ireland, and that the evils of the Act were cons.' paratiVely of much smaller force. Mr. WALLACE was of opinion, that there were several principles of the Act which were very objection.' able, and it seemed to him that the Act must have been poised without the Legislature having given their full' consideration to all the circumstances of the country.— He would not set up the opinion of any man. however well informed, against a proof if practical inconvenience'; and it did seem to him that the practical inconveniences to result from this Act were numerous. The Hon.nott Learned Member then'ulentioned several clauses in the Aet which were liable to a tonstroction that, in his opinion,,eould not but be anatitSconvenient, not to say unjust, in' their operation. ' • • Mr. LESLIE FOSTER differed from the Hon. and Learned Gentleman respecting the inconveniences to be suffered from this Act. He should certainly put a different construction on its clauses. Mt. W. LAMB said, there never was an Act passed for which • theta had been so unanimous and long continued a call as for some measure of this nature. Let Hom Gentlemen read all the fifty volunies written on the conditiou of Ireland, statistical and political ; let them read all the various, able,' and elaborate speeches delivired on the state of that country ; let theist read all the ample Minutes of Inquiry made before the Committees of both Houses, and they would find that the attention of Parliament had been most pe culiarly 'directed to the consideration of this practice of sub-letting, and of minutely subdividing land.— There could be no doubt it had originated chiefly in the circerustances of the country, and its abuses bad been greatly aggratated 'and - increased, by the causes which had been adveeted to. Nor could it be doubted the question was one of the greatest sources of the miseries and miefortunes of the unemployed and impo verished population of that country. Still, it must be admitted,. that great and sudden differences could not be safely tn'atie in matters deeply affecting the Mass of the, people. It was perfectly impossible-to bring them over suddenly to changes in their laws, however ill-founded they might be, or pernicious in their principle or results ; for they Were deeply engraves) on 'their customs and usages by' a constant and &Braun* running beyond the memory alien'. Any attempt tointerfere with those feelings and habits would necessarily meet with a con siderable degree of murmuring and discontent. His Hon. and Learned Friend (Mr. Wailace),'whose eminence in his profession qualified him to speak with so much effect on this question. as his general abilities enabled him to ornament and adorn every subject he discuss-d, l bad stated that this measure had produced in Ireland a great deal of outcry and dissatisfaction. It was not to be expected that this eppositiiin would cease, however firmly and temperately the declarations had been made by many Gentlemen from that part of the kingdom, that dime was no disposition on their part to yield.— Bathe trusted, while as they said they shelved no di:- Oaks to yield to any violence of language or intem perance of conduct, they would not, be deterred from repairing any errors that might have entered into this measure, or from attending carefully to any new pro. position that might tend materially to improve it.— He was therefore most happy in taking an opportu nity of fully considering the subject to which his Right Hon. Friend (Mr. V. Stuart) had called the attention of the Hoist. If it was possible to make any modifi cation of the provisions of this Act, perfectly consistent with the strict pursuance of its main principle and ob jest, it, would be the duty of Parliament to adopt that modikalioe. The teal object of this or any other legis• lation respecting that country should be, for the present,. the improtement of the condition of the people. The Petitions was then broosbt tip; and ordered to lie ac tia•Table. fire HENRY PARNELL postponed his Motion tot a Dopy of tie Treaty of Limerick tilt Thursday neat. ' ' "" 7 e VOID gave notice, on the part if an Hon. licsokettlis t a Lord of the Adii ss r:lty, of hie intention, on Moen day sent to & we the avy-Est tes in a Committee or Supply.. Mr. i*N sesoary PEEL gas notice; that on Thursday mu be Medd awe for a Ceimacistee to madder the State of the Poke .1 Lode" COUNTY LUNATIC ASYLUMS. Mr. R. GORDON..i9IO id, move . for ;eaye to bring in a Bin to amead the laws relating to LuhatiC Asylums. in making this station the 'Hon. Gentleman addressed the Hot* at considerable length. " In the course of his eobwarations, he said 'that 'tlie subject of these Asylum's' had deen . sindir the consideration of PerlisMent toward s the end of ibe 414 Session, when it appeared incon testably that the state of the Asylums in the Mighlaour hood of*the metropolis wee sods as fully to warrant ti a assertion that the fadlisy of imprisonment, for the gratification of malignant and interested motives, was such as could not be tolerated amongst a people calling themselves humane. As the law at present stood: any person might be imprisoned on the certificate of a physician, surgeon, or apothecary. Now the construction put upon the word apothecary was a seller of chugs. Thus a young man, who was but yesterday a chemist's apprentice, might commit one of his fellow creatures to the miseries of a mad-house—though labouring only under delirium from fever, temporary insanity, or, in short, without any cause assigned. He was but the organ of the Committee by whom he was entrusted to bring the subject under the consideration of the House, in doing which his wish was to present it as well in the fairest as in the most striking light which be possibly could. He would take—suppose the case of a single lunatic; he would put an extreme case—that of a pau per belonging to a parish twenty miles from London, near enough to be brought up to one of the asylumi in the neighbourhood of the metropolis; but yet so distant, that the overseers of his parish could exercise no benefi cial controul in respect of him—he would suppose him placed at the White House, Bethnal-green—he fixed upon Mr.Warburton's establishment, as it was well known that there more than half the pauper lunatics of the metro polis and its vicinity were confined; he would be there placed without the slightest advantage of any curative process—he was borne out by the authority of the evi dence and the returns, in saying, that no curative process was hadiecourse to at that establishment—that no mea• sures were taken for the removal of the mental malady, l nur any for the alleviation of bodily ailments; in fact, there was nothing whatever that deserved to be called medical attendance. There was a Mr. Dunstan, who• came there for about two hours every other day— he had an Hospital, and a fair share of private prat• tice to attehd to, and even if he gave more than the two hours in question—even if he gave his entire spare time —it would be insufficient for the purpose in question. Of the four hundred confined in that asylum there were not above eight at any one time under medical attend ance. Insanity was a disorder, and required medical tr.atment—at least it required some mot al treatment; but there was no attempt at elassification ! —thero was no rn.dical at end4ot—there was nothing but safe custody. He entieated..the House to follow the ease he had been describing to the place of c^nfinement of the unhappy subject. He would find him in a cribsroom, confined during the slight in a box six feet long, chained both by arms and legs, without attendance or assistance the whole night. They would see sixteen confined in one Trove—he corrected himself, be meant fifteen unhappy individuals. insensible to the calls of nature, wallowing in their own filth for the entire night. This was not the case at Bethlem Hospital, or at St. lallte's. They had there separate cells ; but as respected the House of which he then spoke, the picture he had given was per. fectlyaccurate—such was their situation every night in the week. But what was their state on Sunday ? They were left in that condition from Saturday to Monday, without relief or cleanliness of any description ; and on Monday morning, let the weather be what it might, they were taken into an open yard,' and mopped with cold water—in most instances their bodies covered with sores. There was. it seas said, in this establishment, an infir mar y for those labouring under bodily ailments ; but it was strange the medical attendant had never seen it, and those who had seen it spoke of it as' a scene of such horror as he would not shock the House by at. tempting to describe; yet he was far from saying that this establishment was the worst that could be met with ; it was, on the c o ntrary. a fair sample of the cla ss. No _ _ _ thing could have been fairer than the mode in which the investigation was carried on into its practices and condition. Mr. Warburton had a full opportunity of producing witnesses, as it were, for his delence, while all the evidence given against him was presented to his view. Amongt those examined was a person of the aame of Ccrrdelle, who had been employs d as an assist. ant to Dunstan: Tnat persod stated, that a mnst exact register was kept of every thing done by the medical attendants—of all their prescriptions, and of e, ery thing connected with their patients—that it was a large fo lio volume, kept with the utmost neatness—quite a pattern for any medical man—that it had been kept for the last six or seven years, and every occurrence could be traced through it. Would the House believe, that *eery word of this long and circumstantial evidence was untrue—not a word of truth in it from commence seat to conclusion? On hearing of thii volume, they immediately sent to require it, and were informed there was no such book—they sent for Cordelle, and asked him, if what he had told them on the preceding day was incoriect? he replied, it probably was—he acknow ledged that the whole of it was false. Alter this, would the House believe that this identical Cordelle was still retained as a medical attendant?—yet such was intis• putably the fact. It was staled by some of the wit nesses upon their examination, ih.it sago, arrow roof, rod other nutritive and salutai y diets, had been ob• rained for the unfortunate patients; brit when that came to be more particularly inquired into, and the parties asked for the bills, it appealed that no bills on the purchase of these articles had ever been given; they had always fors• oth, bet ri purchased for ready money. Now, he confessed that he gave the same credit to this latter statement that he did to Mr. Cot-- delle's long history of the folio registry book. He be lieved the whole false, or, at least, that it was not true to the extent stated. Having made these observations upon the state and condition of a pauper lunatic, he would now ask the House how, in the event of such pa; tient's recovery,he was to obtain re-admissitin into society, if any person was interested in. the continuance of his coufittement? He knew of no process except by Habeas Corpus. He would call the attention of the House to the case of Mrs. Pertingal. It appeared upon the report bf Dr. Bright, that in the year INS she was still in confinement, though perfectly tecove?etl—and that Gown to 1827 she remained a prisoner. Her husband was applied to, but he replied that she was a trouble some woman, and that he had no desire to see her at large, and it was not until within a few days of the luseeting of Parliament that she obtained her free glotn ; then it was in consequence df his (Mr. Gorslon's) having himself undertaken to supply the foods for issuing a writ of Habeas Corpus. Ihe Hon. '• denials Pistoled tit goitre length into the state of the ift'ibl . hent 'stood respecting this subject, sitid'Made stiterbents calculated to impress upon the House the necessity of alteration Ins the benefit of 'WM helpless and most deeply *afflicted 'of human He had 'prepared a Bill on thesubject, which I.7.happened he had laid before two Secretaries of , and four Under Secretaries, since the draft was originally drawn oti. - He had also laid it before persons of great' eminen c es lt the legal profession, who promised iiil? then . assiktanie: He could not conclude without Iderring to the splendid donation by a valued friend Hon. Gentleman who had been for neatly halt a 'century Member of Parliament for Dorsetshire ; who 'bad not only given a large manor house for the (turps( 'Of being convened into a lunatic asylum, but endowed '4. with a considerable sum of money. The Hon. Member Icepeluded by moving for leave to' bring• in a Bill to consolidate into one Act the various existing Acts re lating to County Lunatic Asylums. - Lard .- A9 l Rilt."ln rcondibg ftlie .. vnntion, dwelt on the ease With - vittiiiti under the present' tystirt . 4ifitioaty might be procured; aadiead: front - die: report of the ensetritittee on pauper' luntriies," end Iron) other docdments; many caiefin which great cruelty - be been practised. Mr. Secretary PEEL thought that after the melan choly details laid before the House by his Hon. Friead on that most important subject, his motion could not encounter the slightest opposition. The Right Hon. Gentleman then pronounced a high eulogium upon the Hon. Member, for the philanthropy, zeal, and ability with which he had prosecuted his inquiries, and had proceeded so far in his work of improvement; but begged leave to suggest to him o ne or two a l terat i ons i n h is pro posed Bill. It was the natural tendency of our nature to become reconciled or callous to even the most afflicting' objects by a constant observati ,, n of them—on which ac counehewould recommend to his Hon. Friend to provide in hisßill not merely for present,but for perManent reform, by a more frequent change of physicians, and change of visiting directors, than that contemplated, namely, by limiting the term of their inspection to six months. As Pauper Lunatic Asylums were at present conducted, they, instead of being a benefi•, were productive of the izfeatest mischiefs to s' ciety. He felt obliged to con demn also the indiscriminate imprisonment of such of the poor as were afil cted with menthl maladies, by which their symptoms were exaggerair-d, and their sufficiently miserable ezis a ice was 'endured sti:l more unhappy.— He would infinitely prefer se-rug the .0 here, as in Ire land (in case.; where no danger cauld be apprehended from their being at large) roathing at liberty —unie• strained, except by the cares of their immeLliate friends He again recommended to his lion. Friend's considera ridn the propriety of limiting the per iod for the existence if the visiting direction and illy) ction, which he un Jerstood was to consist, in each case, of five magistrateS' end five physician. Mr. It. GORDON said, he wished to place,these in stitutions and r the immediate direction of the Secretar y of State for the Home Departmeot ; and by the present Bill. that Right Hon. tieuttettian would have two great Owen entrusted to him, which lie did not possess at present. - I:: Mr. W. SMITH hoped the Right Hon. Gentleman (Mr. Pe 1) would enter into this subject, as far as was consistent with his numerous avocations. When the Bill was in a Committee, the Right Hon. Gentleman would have an opportunity of correcting any flaws in the measure, if any A .ws should appear. He trusted that no houses for the reception of lunatics, whatever might be the reputation of their employers, would in future be exempted from visitation. On the motion of . Mr. GORDON kave was also given to bring in a Bill to regulate houses for the reception of music persons. Mr. TYLER postponed toTnesday, Mar. 6, his motion for leave to•bring in a Bill to repeal•so much of an Act of last Ses sions as prohibits the wearing of ribboni•at elections. Sir JAMES GRAHAM moved for leave to bring in a Bill to alter and amend so much of the 17th Geo. 2d, chap. 5, u relates to the passing and removing of Scotch Vagrants. The LORD ADVOCATE of SCOTLAND would not oppose the motion, but was determined to watch the progress of the Bill. The Hon. Gentleman insisted that if some measure of relief were not extended to Scotland, in respect of her vagrant and unemployed poor, she would be compelled, in selt•defence, to adopt some means of returning the paupers with which she' was occasionally charged, upon England. Si . J. GK All.Ol contended that the whole effect of the proposition which the House was called upon to sanction, would be merely to burden Scotland by ship ping off paupers in steam vessels from all the ports of England for all the ports in that country. Mr. MONCK considered that the redundant popu lation of which the Irish gentry so loudly complained, was owing, in a great mersure, to the little care which they took, by the institu'ion of some modified system of poor laws, to keep that redundancy in check.• Mr. KENNEDY earnestly pressed upon the House the expediehdy of adopting that measure relative to the poor of Scotland, which he had introduced during the last Session, but which had not been carried through Parliament. Mr. ESTCOURT explained the reasons of the oppo sition be hari Measure. Mr..sEnvo iseE said, he could not den_y the evil complained of. It was not, however, altogetter an unmixed evil, for he believed the manufacturing and agricultural business of England could not, under pre sent circumstances, be carried on without the cheap la bour of Ireland. The only way, however, to remove the evil, if evil it was, nouli be to better the condition of the Irish people. Ile deprecated the introduction of Pool's Laws into lieland—a system which in this coutrry seemed to be now generally considered as pro sluctiveof great mischi.f. An Hon. Member thought that the source of the mischief resulting f.om our system of Poor-Laws was' to be found in Vitt part of the original Statute of Eliza beth, which imposed the necessity of providing labour for the labouring poor. Mr. T. COURTNEY deprecated the discussion upon such a question, of matters soirrelevant ; but was pre pared to deny either that the Poor Laws had produced the mischief imputed to them in England, or would be attended with such prejudicial effects as were anticipated bons their introduction into Irelaird. After some further remarks from Mr. SLA', Sir JOHN WROT- Mr. ESTCOURT Mr. Jinni Woon, Mr. Daustannin, Mr. Basurrr, of Wiltshire, and Sir JAHNS GRA max, leave was given tq bring in the lhll, which was brought in, apd read a first time. • S rJ. GRAIIANI moved for leave to bring in a Bill to authorize the devise of real estates; held by customary tenure. After a few words from Mr. Damns GtissAt, leave was given to bring in the UM. • Mt. W. WHITMORE said he should not, at this late hour, and in the thin state of the House, propose the second reading•of the SAIMon fisheries' Regulation Bill, but that he was anxious to bave-the blanks filled up, in order that the Bill might be committed on Thurs day.—The Bill was then read a second time, and or dered to be committed on Thursday next. CAS nits. _ _ Alderman WOOD presented a Petition from several inhabitants of the City of London, complaining of. the violation of the Standing Orden of this House, by Gas Companies laying down gas pipes, and contaminating the water.—The Petition was read and laid on the table. On the motion of Mr. Alderman Worm, a 'Return was ordered to be laid before the House of the amount of parochial rates and taxes assessed in the ;wish of Mary-la-bonne up to Midsummer, 1827; the sums cc' I s eived and expended by the select vestry ; aad also a return of the distress warrants issued, and the debts in curred by the said parish. A return war) ordered of the monies expended by the I TPerird Ga% and Coke Company; and also an account of the net profits of the said Company. The Other Orders of the Day were then disposed of, and the House adjourned at a. quaistraevrasz &situ o'Clock. AAW INTEfoi COURT OF KIND'S swami. 1 . 4. THE KING AT rat rgcsecvvos OFJIIIIIRXWIN.CHERTER, ESL/ V. THE LORD MATOR AND ALDERMEN OF TUS CITY OF LONDON: > __ .*_. This was an ls'sue arising 'out of Mandarins, to tit whether gent) , Windhester, Esq. had been didy.Olected to the office of Aldermen of the Wa rs ' o f 'Curry, in Noeember, 1826. The facts of this case lie in a very small conipass: It appeared that in the month of November, 1826. on the death of Christopher Magnay. gsg. an election of an Alderman for the Ward of Vintry took place: There were three candidates, Mr. Winchester, Mr. Crooke, and Mr. Wilde. There was no doubt as to Mr. Crooke not being entitled to fill the office, as only three votes were recorded in his favour. A scrutiny took place at the termination of the election, and the returning officer stated that there were 26 votes for Mr. Winchester, and. 23 for Mr. Wilde. The former Gentle• man was declared, therefore, duly elected. Mr. Wilde, however, petitioned the Court of Aldermen against the lection, and the Court decided that the election was invalid, on the grounds that, on the first day of the election three poll clerks were employed, and on tle two others only one, and that the Ward mote was ad journed at the conclusion of the election sine die, and that herefote the scrutiny which afterwards took place.wsis not a continuation of the Wardmote, as it ought to:haree been. A second election took place, and Mr. Wilde • obtained a majority of votes. Mr. Winchester, how., ever, consideting his own eliction to be valid, called upon the Court of Aldermen to swear him into the office. This the Court having declined to do, Mr. Wi n, chester applied to the Court of King's Bench fore writ of mandamus, commanding the Lord Mayor and the . Court of Alderman fo swear Mr. Winchester into the office of Alderman. It was now contended; I n the pact of the prosecution, that the objections to the first election were invalid. The Gist was invalid, as it was by the authotitr of the Lied Mayor that tv it of the poll clerks wrie discharged, after the first day, their services having been found not to he requisite. The second objection, it'iriiilso'eontended, WAS invalid, under the I I th Geo. I. for khntegnlation of elections in the City of London. The question being thus reduced to one of law for the cousideration of the Judges, it was agreed by the Learned Counsel on both biJe) to be made a special case of. A verdict was ac cordingly taken for the pt osecution, subject to the opinica of the Court. THE NORWICH AND LOWESTOPIP NAVIGATION COMPANY v. THEOSAI.DS. This was an action brought by the Norwich and Lowestoff Navigation Company, incorporated lait year for the purpose of making a ship canal from Norwich and Lowestoff, against the defendant, for the sum of 501. being the amount of a call of 51. a share 'on his subscription cf ten shares of a hun. red pounds each, in that Company. It *neared that the defendant, after he had subscribed, petitioned Parliament against the bill, and that his name was, therefore, omitted in it, in order that the question of Ilia might be left open for trial, be having since subscribing liter• ed his intention of being a member of the Company., It was now contended that the defendant having sub scribed for ten shares, and paid a deposit on them, was liable to all the calls that might be made on the other subscribers. The defence set up was, that all the de fendant thought he was doing when he subscribed was to become a member in case Parliament thought fit to incorporate them. Parliament having, on the first ap plication, refused to pass the Bill, the defendant thought himself exempted from further responsibility. The de fence, besides, rested on the 50th clause of the Act of Parliament, which requires that before the provisions of the Act could be enforced the whole sum of )00,0001. intended to be expended on the canal, should be sub scribed; and it na.l.proved for the defendant that the whole sum was not subscribed before the call on which this action was brought was made. Lord TENTERDEN. taking this last point into consi deration, directed the plaintiffs to be nonsuited. COURT OF COMMON PLEAS, Warrsuarraa, Faa. 19. Sittings after Hilary Term before Mr. Justice Gasams and a Common Jury. DAWSON AND WIPE v. VERNON. Mr. BUSBY opened the pleadings. Mr. Sergeant RUSSELL stated that the plaintiff in this' case was a poor woman, who kept a fruit stall in Theo. bald's.road, Gray's Inn-road, and her object in bringing this action, which owing to her poverty, was brought in forma pauperis, was to obtain an adequate remuneration from the defendant, who is a livery stable keeper, car rying on business in Grosvenor place, for an injury she had received in consequence of the alleged neglect of his servant,wbo,on the 29:h of October last,while driving a horse in a gig -break, overthrew her stall of fruit, and in so doing knocked her down, arid ii.flicted such severe injuries on her, that she was confined to her bed for a fortnight, and to her room a week longer. Several witnesses were called, w:to proved the ir - juries received, but one of them, a person named Davis, who was present when the accident• occurred, stated, in •cross-examination. That in a conversation with the plaintiff after her recovery, she told him she should be satisfied if the defendant would give her five shillings, upon which he (Davis) said he would speak to Vie c'efendanr, who he had no ditubt would give something more. He did accordingly apply to• the defendant, who desired him to make a much more considerable remuneration; but when he next saw she woman, she told him she had got into the hands of an attorney, whir directed her not to accept of any thing, as he had heard Mr. Vernon was a person of property, from whom he could obtain 501. or 601. Vii:tess subsequently called on the attorney, and prof fered a sum in satisfaction of the injury, and a further sum to defray whatever costs might have been incurred, but this offer was rejected, and the action accordingly proceeded. Mr. SergeintWitos (with whom was Mr.F. KELLY) contended for the defendant, that there was no proof r.f negligence on the part of the servant, and that therefore the present action could not be maintained. It wis, indeed, an action which ought never to have been brought, and might most truly be called the action of the attorney ; for, by the evidence of Davis. it appeared' that the poor woman would have been satisfied with a less sum than that which had been so handsomely offerte, and, in tact, the defendant's behaviour throughout had been most praiseworthy; for immediately after the acci dent he directed a person residing in the neighbourhood of the plaintiff's dwelliag, to pay every attention to he', and to see that she wanted none of the necessaries which her situation might requite, or money to obtain them. The Learned Sergeant concluded by stating that the Attorney was the most interested person in the case, as, should he be so fortunate as to gain the cause, he would reap a iich harvest in the costs. To the plaintiffs, on the contrary, it mattered little which way the case might be decided, so far as costs were considered, for from the form in which the act;on had been brought they would hate nothing to pay. The Jury returned a verdict for the defendant. 4