The Sun. — London, England, 1859-03-03 00:00:00

ground was there for such an assumption ? (Hear, hear.) In some single instance it might, perhaps, be known or in ferred from certain facts that a man had intended to make a will leaving his land among his several childre .1 ; but was ll' JUSE OF COMMONS—(YESTERDAY. ) Parliament to legislate for the case of this man o that man ? Tlr . SpEAKER t oo k th e chair shortly after 12 o'clock. On the contrary, they were bound to look at the broad PRIVATE BUSINESS. question as it affected the great mass of land wners of the 'in the motion of Mr. CHARLES FORSTER, the order country 7 (hear, hear) —and there was no ground for the . 'A the day for the committal of the Liverpool Corporation assumption t i tild ttl e at t t i v i e d a e s d the desire of of them that their 'Water Bill was discharged, and the bill was withdrawn. alltheir among.children.. (Hear, hear.) They were satisfied witn the law as it now stood, PETITIONS. and they did not choose, or did not think it de sirable to Petitions were presented in favour of placing post-office interfere with the disposition which that law made of officials in the provinces on the same footing as those in the their property. (Hear.) If any proof were wanted metropolis ; and that any inquiry into the working of the of this there could not be better than some of the informse Licensing Act in Scotland should be conducted by Royal tion which had been given the house by the hon. and learned commission. member for Yarmouth. He read a letter from a solicitor in REAL ESTATE INTESTACY BILL. considerable practice in the Midland counties, who thought Mr. LOCKE KING, in moving the second reading of this bill, said there was a g reat deal of misstatement and he knew sufficient about the feelings of the middle classes on this subject to be able to give the House of Commons misapprehension existing. The effect of the bill would some information. In the last two years he had made sixty materially relieve a large number of small proprietors from wills, and, with one single exception, all had been made for the operation of the present system, which affected them most injuriously. It had been asserted that the present the p se of interfering with the rule of law and of divid ing the property among all the children. In th e exce p tional law was in harmony with the feelin g s of the great body of landed proprietors in the countr y . That he entirely instance, when the would-be t es tator heard from the solici tor that the heir-at-law was his sister, he said, "In that denied ; because, as he had already stated, it was opposed case lam quite satisfied with the law, and I won't put you to to their interests, and consequently not congenial to their the trouble of making a will." This was the logical assurrip feelings. He had been accused of a desire to introduce the tion in the majority of cases to,which the bill was intended French law on this subject into this country ; but he did to apply. The state of the law being as well known in this not know what was meant by the French law, as there country as any law could be, those who did net interfere could be no division by testament of property in that with the rule of law, and did not put themselves to the country. The more experience he acquired, the more con- trouble of making a will, were perfectly satisfied of us to let the vinced he was of the utility of making the law uniform in law take its cour se. ( Hear, hear.) For every case inj regard to every description of property. tice done by the present state of the law he would tinde ed Lord W. W. GRAHAM moved as an amendment that th e take to produce cases in which what any ?man who view bill be read a second time that day six months. He con- the moral duties of a parent to his family in the same light sidered that the effect of the bill would be most disastrous. as the hon. member for Surrey viewed them must call great It was said that the measure did not attack the law of hardship, was inflicted upon f amilies primogeniture, but though it did not do so dire ctl y it did so by the p era, and yet call gre a t wills. Such wills as these were every Y, y matt indirectly, and they might rest assured that any attem p t to it would be just as reasonable for the Legislature to step in abrogate or restrict that law in the slightes t de g ree would to remedy hardships which were inflicted on children by eventually lead to enactments that would terminate in its total abolition. If such a result took place they had no the provisions of their father's will as it would be to inter fere with hardships which might be caused by there being guarantee for the permanence of the constitution of the no will at all. (Hear, hear.) When the question came to country. That constitution, he contended, was maintained be viewed on the assuption that there were no children, and by the continuance of large properties, and any alteration the next heirs were distant relations—say cousins—the ar in the present system could not fail to work most injuriously. gument which he had been laying before the house became He believed that the minute division of land in France led still more irresistible. By what process of reasoning to revolution in that country, and it had also proved detri- could it be assumed that it was the intention of a man who mental to the interests of agriculture. died without a will, knowing the state of the law, that hie Mr. MELLOR supported the second reading of the bill. estate should not go to the one whom he had been accus- He contended that the existing law had its source in tomed all his life to look on as his heir-at-law, but be divided feudal days, and was opposed to the ancient laws on the among all his cousins. (Hear, hear.) It was absurd for subject of division of property. At present the w ife and a n y one to take upon himself to affirm that it must have younger children were placed entirely at the mercy of the been pure accident which allowed this owner of land, with eldest child, and such a state of things was opposed alike a number of distant relatives, to die intestate, and not to to morality, religion, justice, and even common sense s give his land among all those relatives. (Hear.) The last Tear, hear.) The reason why the table was not covered question, whether this change was expedient, was one which swish petitions on this subject was that the cases of injustice ought to be considered dispassionately, and perfectly apart under the present system were not sufficiently known or so from any of those moving appeals about distressed widows sufficiently numerous as to excite a and portionless younger children. The policy of the law general feeling on subject ; but that system was not the less unjust because assumed it to be the duty of the Legislature to provide the its operation was not more extended. It had been died freest possible power of disposition of landed and all other said that the number of small prop r i e tors who property, whether by will or in the lifetime of the owner. intestate was conclusive in favour of the presentlaw, be- The Legislature was bound to simplify conveyances, settle cause it showed they did not wish to avail themselves o merits, and wills in every possible manner; and for years making a distribution of their property amongst their chil- past it had been doing that with more or less success. siren. But it was a fact that so many of the class alluded Endeavours had been made to remedy the defects to dying intestate was in consequence of their delaying which had been from time to time suggested, but their wills until they were surprised by death. the question now to be discussed was, what, in this Mr. HENLEY support the amendment, and argued be very detrimental to the lower country, in which the freest possible p ower of distribution that the present bill would was given, was to be the doctrine and policy of the law class of small proprietors. where no disposition was made ? Hon. gentlemen opposite Sir G. LEWIS said he understood the object of the bill between the division of real estate contended that the present policy of the law had been intro was to assimilate the la w duced with feudal tenures ; but, granting that, there could and personal estate. He thought such a measure was not be no objection to it if it could be shown that it was in con only unnecessary, but would be most injurious, and that sonance with the present feeling of the country, accom it was not demanded by the very class for whose benefit it pa nied as it was by what we had not under the fe udal sys was introduced. Hon. members must be aware that the present law was closely identified with the constitution of m, the freest power of disposi tion of p ro p ert y . No doubt, unaccompanied by that free power of disposition, a law the country, and such being the case, and there being no passed real property to the elde st son was a heav y which expression of the public opinion in favour of the bill, he g • rievace. (Hear, hear.) But along with this law there would vote against the second reading. had grown up two circumsta nces which entirely changed Mr. M. MILNES said that he had heard no argument its character, this free power of disposition, and the accu to alter his opinion, which was that the bill of the hon. mu l a ti on of a mass of personal property, which was un member would be beneficial to the class for whom it was known in the feudal times, by which provision could be intended—namelb the middle class of society. He came made, and by which the law made provision, for younger to the consideration of the subject quite independent, and children. (Hear, hear.) The consequence was, that what he would, as he had done on a former occasion, support the ever might have been the origin of the law, it had begun by measure. justifying the dispositions made in conformity with it, and The SOLICITOINGENERAL said his objections to the these dispositions m turn had engendered habits and pro bill were not founded simply upon any technical view of duced a state of circumstances which had become in turn its provisions. He believed the hon. member for Surrey the justification of the reacted.) Like everything else in nature, one thing had upon another. The law would be surprised at many of the consequences which had produced a certain state of feeling in society, and that would be produced by his bill. It was by no means an un- state of feeling so produced had become in turn the justi common occurrence that a testator might have made a will fication of the law. (Hear, hear.) In thehfirst an horse devising his real property, and yet have died intestate with l i t . w harmonised NV ( ith ea an r r H ) he l e n di the n m ex o t na p x l e acTpeaing Of regard to his personal property ; and the effect of the bill the principle Pe Of the law, not merely as it affected the dis would be this—there would be an administration, under position of the estates of intestates, but as manifested in which his real estate would be distributed among his next the habits of the country with regard to entails and settle of kin in defiance of His will. He could multiply instances ments—it tended to keep up a class essentially distinct from of that kind, for their name was legion. The view taken the aristocracy of mere wealth—an aristocracy produc . ed, and rightly produced, by successful commercial enterprise. of the bill by the right hon. hart. the member for Radnor In the next place, the law was favourable to the agricul was perfectly correct as to its effect upon the law of titre of the country ; its tendency had always been to descent with regard to real property. Every real estate encourage production on a large scale; and as Mr. in the kingdom would pass to an administrator, and would Mill had justly observed, whenever a people had been be liable to be sold by the administrator for p a y ment of accustomed to production, either agricultural or m - anu facturing, on a large scale, they would not willingly the debts of the trustee. (Hear, hear.) Take the case relinquish the advantages of it. Again, the law of a man possessing an estate which he had acquired by was most important in a social point of view. It kept fend descent through his' mother. Suppose he had one cousin lies together by preserving the headship of families. (Hear, upon his mother's side and 19 cousins upon his father's side. hear.) The certain effect of a division of property such as that recommended was in the second generation to dwarf a 'Under this bill 1-20th of that estate would go to the cousin family down to the rank of petty squires, and in the next on the mother's side, and the other 19-20ths would go to generation to dwarf it to the condition of mere peasants. the cousins on the father's side. (Hear, hear.) Take the (Hear, hear.) In the next place, while it preserve to them case of a large family estate descending to a married woman their social station and position, the law excited younger who had more sons than one. She had no power to de- brothers to ambition and emulation in a ma nner that no other system in any country was ever known to do before— vise. And, if this bill—which was said to be for the pro- (hear) ; and it stimulated the parents of families also to tection of children—passed, that estate would be taken make provision by frugality and economy and industry also away from the sons and given to the husband, who had a for the younger branches ; while at the same time it gave statutory right to administer to his wife's property. These them the certainty that the importance of the family would be reserved by the headship of the eldest son. (Hear.) were some of the consequences flowing from a bill of this These were the conclusions at which he had himself arrived, kind; and yet the house was now seriously asked to give a and, without desiring to dwell on them or to enlarge on second reading to it. If these consequences had flowed them, he begged the house to take them into its serious merely from some defects in the bill which could have consideration. (Hear, hear.) They were the views which been remedied in committee, the hon. member for Surrey had been supported by the best authorities and the most eminent writers in all times. If ever there was a man deeply would have had a better claim to ask the house to read his penetrated with an abhorrence of all injustice it was Sir M. bill a second time ; but they flowed from the principle of Hale. He was not a member of the aristocracy ; he was the the bill, and to a bill based on such a principle the house architect of his own fortune, he had little connection with ought not to give a second reading. Certainly, in intro- land, and he was far removed freen the sphere of party in fluence.ducing- the bill, the hon. gentleman had mentioned one case rand a Speaking ttsrtl of Normantha t esystemohqu conquest, i ev e U 3 : e w v e a li e a d d j a n li t orai which really was one of great hardship. Suppose a man tenures, under which, there being no power of free distri contracted for the purchase of an estate, and had got toge • bution, the custom of the law was to divide landed property ther say L 50,000 to compete the purchase, but died before equally among all the sons, Sir M. Hale said : it was completed, intestate, the heir-at-law might require "It weakened the strength of th o ; in lr e fil t o a m ; for, by fre that £50,000 to be applied to the completion of the par- Tr o t Jii e ticiceeylling became subdividing so u divided and crumbl c e e d s . , thla process t r t o l c i e er s e s chase, and then he would take the land so purchased, to were few persons of able estates left to undergo public the detriment of the other members of the family. That charges or offices. Secondly, it did by degrees bring the was the law of the country, and he agreed with the hon, inhabitants to a low kind of country living; and families gentleman that it was a discredit to us, and that it ought were broken ; and the younger a sotnos, themselveswhich, had not t military o o r , to be remedied. But surely it was not wise to change the hwaoduitdhisaevelli3tettlaekpenarettsmosfeh% d whole policy which regulated descent in this country aim- land to tra a le p s, y or to civil or ecclesiastical employments, neglecting those oppor ply because such a grievance as that existed. It would be tunities, wholly applied themselves to those small divisions about as reasonable to prohibit men from buying land alto- of land, whereby they neglected the opportunities of greater gether. (Cheers.) Of all men in the world the honourable ad v antage , of enrichin g themselves and the kingdom." Take another instance. Sir John Davis wrote a book on the member for Surrey ought to be the last to use such an ar- state of Ireland, and anybody who had read that book must gument, for it was but a few years ago that he had carried acknowledge that he was a clear-sighted man, and that he a bill to remedy the injustice of the law which au- had written with as little bias one way or the other as it was Possible for a man to have. Speaking of the effects of the thorised an heir-at-law to compel the payment of which s s l i a r nMi a irep the mortgage money upon. an estate out of the e a q w ua o lly ga a v m e on . g ud alP&eson wrote divided personal property of a testator. He had not been able "This Irish custom of gavelkind' did breed another mis to understand clearly at the time why the hon. gentleman chief ; for, every man being bornto land, they all held them had not included this case, which was identical in principle, selves to be gentlemen. And, though their portiors were in that bill. If he wished to remedy the hardship the bestsmal l , and ever so p oor for g avelkind ever so themselv e s ( must needs in the end make a poor gentility), yet they way would be for him to introduce a bill to amend his for- scorned to descend to husbandry or merchandise, or to learn suer Act, but Parliament ought not to be asked to convulse any mechanical art or science." the country and alter the rules by which the descent of land That was the state of things in a time and country where no was r egulated for that simple purpose. But, coming now free disposition of property existed, and tke bill which the hon. member for Surrey wished to pass into a law would to the discussion of the general question, these three things bring about a similar state of things in this country. (Hear, ought to be shown by all those who proposed to Parliament hear.) The hon. and learne d member for Yarmouth used so grave an alteration in the law of descent in this country an argument of convenience which certainly was not to be —First, that there was a strong desire entertained for legis- expected from hint. He professed to know something of lation on the subject ; next, that the present law occasioned wills. could told the house that as the heir-at-law knew that hardship ; and lastly, that the change which they proposedl a s s puting the will if i l l i e e retre up: as et the te millhew ould g t et fo t r h . e whole property, was consistent with expediency and sound policy. (Hear, he w would be sure to do slightes tt. That w as true hear.) far as it went, Who wasit that desired this change ? Some of them he but what did the argument amount to ? The hon. and knew and their motives also. The hon. member for Sheffield, learned gentleman wished to deprive the heir-at-law of his for instance, supported the introduction of the bill on the motives for litigation, and his proposition came to this, that ground that it put an end to all difference between land and whereas the inducement was now confined to the heir-at law, in future if any member of the family were disappointed money. The h on , mem b er t h ought that, i f carr i e d , i t wou ld in any way with the will, if the testator did not, m fact enable the Stat e t o l evy pro b ate d uty on l an d , an d to trea t di v id e hi s property perfectly equally, he might dispute the it altogether as if it were so much money. His reasons for will in the same manner. The inducement would be dis supporting the bill were not an much that it remedied a tributed all over the family, and instead of one suit there hardship as that it squared with a theory of his own, that would be 20. (Cheers.) The hon. gentleman who spoke there ought to be no difference for last said he had no desire to interfere with the free ar land and money. But what were theany purpose between this reasons of the hon. distribution of property in this country. Take the two member for Surrey in desiringgold notln intro- memberguments together. From the argument of the hon. and clueing. the bill his argument was that cl • l it a w n the great proprietors of land • that it woeutrldeantoittemeddle _ learned for Yarmouth, any man who wished to merely touch avoid litigation must divide his property perfectly equally with entails and settlements, ;that and what became then of the free distribution of property? object which was announced on the back of the bill. am ? le t The argument of the right hon. member for Radnor was the hon. member had unfortunately written a book on this subject, great a dvantage to have the irresistible. At present we had a state of things with which subject, and it was always of there was perfect content throughout the country. To pass book th e hon. detailed and considered o p inions of the person w ho proposed this law would be a legislative declaration that all the a change on a p oint of this gravity. In that settlements of this country were based upon a false prin gentleman said that h e was alto g ether a g ain st theprinciple ciple, and, although no restriction would be imposed on of entails and the principle of settlements, and th oug h i t them, they would be branded with the imputation of injus had been sugge sted that this bill would affect entails and tice. (Cheers.) It was true this bill would not touch the distribution of landed property, he o did not think it them, but in a short time an agitation would be got up on would directly ; yet if it did, it would only make him like the part of those who felt that they were treated with in his own bill better. (Hear, hear.) In laying his bill before justice ; they would come to Parliament and ask to deal the house the hon. gentleman with used those arguments -whi c h and curb all the settlements and entails in the country 'tion but in • b , on the same • • he thought most likely to stave off opposi , . ma all h principle, and then would be lost that which book he avowed that his desire went beyond the bill, and en. members professed not to desire to disturb—the free that he looked for the abolition of the law of entail and Power of distribution cif property. This was not a reform of settlement in this country. (Hear, hear.) the law. A proposal of this kind, launched in the Housed' Mr. LOCKE KING—WiII the Solicitor-General quote Commons with all ' to produce the its defects, and tending in its operation the passage ? I don't know that I have said anything against might use th s results which he had stated, brought, if he settlements, though I may have said something against the term " the expression with all respect, discredit upon entails. to alter the position of of the law." It was a mere attempt land as one of the social elements in The SOLICITOR-GENERAL would quote the passage this country, and to destroy the influence and importance willingly, but would the hon. gentleman say what he mean t which belonged to it. It was achange which the country by entails if they we not settlements, or by settleme nts if did not desire—(hear, hear)t was one justified by no re they were not entails ? (Hear.) This was the pas sa g e-- hardship and warranted _. by no I for Pontefract had said sound policy The hon. " I feel that there is no reason to object to this measure member ared with our he was prepared to show lest it should tend to increase the number of landed pro- that, as comp in r own law, the law of compulsory prietors. If it should do so, if it should cause a decrease in partition established -ranee had worked well, and had, the si ze o f some of the already overgrown estates, it will in fact, cited as a conservative elem en t d ur i ng the re confer a greeter benefit than even I expect from it. I have vol utions to which that_ country had been exposed. (A already shown that it cannot interfere with entails ; that laugh.) It w as astonishing that suc h a doctrine should entails are an ev il, and that this measure ought not to be have proc eeded from so refle ctive a person as th a t refused f rom an imaginary fear it might tend to correct hon. member. No doubt the hon. gentleman what seem had atome so great an evil." read, with the pleasure which all who had perused (Hear, hear.) Th at was th e h em gentleman's desire, there- it must have felt, the work of that eminent authority, M. fore, in passing this bill. But who desired this bill out of de Montalembert, on " The Future of England." In every doors ? The que s ti on concerne d all the owners of land in interesting chapter the author treated of the effects of the the country; and, in considering what the State ought to law of settlement and entail and the right of inheritance in do for the owners of land when th died intestatethe this contrasted with the contrary system • first object ought to be to ascertain , very country, as . in with sins felicity the operation would do themselves, for everybody what the owners of land France, and pointed out e would have a perfect right to disposeof admitted that they of our law in preventing on the one side the impulse of pleased. No petitions had been subject, so that it was presented impossiblt o from them on the the other. M. de Montalembert wound up his chapter in that mode, and it was only le ft learn their opinions in these words : therefore to look at " The tempestwill harmle ss over England until the their practice. Settlements were ju s t ae pass • • lion shall declare e xpression of the wishes of owners of land for much the day arrives when the force of public ou position of their property as wills. There was e die itself against this system. Then, and not precipitates ference between the two, and the wishes of theno di f- have taken the first step on that incline which of the landowners of the country on this subject we great body a nation through the shocks of revolution into the abyss of fested by the habit and custom of settling their p ro has re mem- despotism. (Cheers.) Up to the present time there supporters of this bill argued the ( Perty. been but one premonitory symptom of this—the proposal (Hear.) roposal (Hear.) Thequestion of made in the House of Commons • 18 - 4 by the menis the hardship of the law in a very inconclusive an unsound manner. They began by assuming that whenever a man ben for Surrey—(laughter)—for an inquiry into the law of descent. this proposal who had several children died intestate he did not mean appears n ß ei e t te r tec t l o bir t a considerable majority, ty echo nor have left a that his property should go to his eldest sou, and that, tre. (Cheers.) But is o an o an men ec whi n ch far-seeing ' men 4 theropro, by wad A afferer by the Preeezit law, But what .-which all tree friends of liberty—(renew©d cheers)—will - - '""7"'-' - ` IMPI 2,RIAL PARLIAMENT. THE SUN, LONDON, THURSDAY EVENING, MARCH 3, 1859. ---- self was such as what they might suppose a good and up right man would execute ; but, according to the present would not make except under peculiar circumstances. He concluded by voting for the second reading of the bill. Lord H. VANE said if they determined on making wills in a particular way, they would startle the landed proprie tary interest, and any legislation on the subject would not come into operation for some years, so far as the great body particular cases, and were to there might be some hardships under the existing law, but proceed on considerations of general _policy. they were not to legislate for therefore oppose the second reading of the bill. He would Mr. A. B. HOPE supported the amendment. The effect of the proposed alteration would be to reduce the descend doofwlaellndnoodtpthropforirgeteotr, s for w i e t re is cotliceurnghed.thins eapapdrmoaitcthedththaatt the enemy will penetrate the fortress." (Loud cheers.) Mr. LOWE considered that the question before the house had been much magnified beyond its proper propor tions by hon. members on both sides, and was not a ques tion of public policy at all. He considered that the will which was to be made fora man failing to do so for him law, they made for him such a will as a man certainly descend ants of landed proprietors to the state of an Irish " squireen" or a £4O freeholder, with a right to vote, and starvation staring him in the face. On the ground of economy he objected to the measure *of the honourable mem ber for the subdivision of land to which it would necessarily lead. Nobody required, asked for, or dreamt of it, and it was a mere crotchet or theory of the hon. member for Surrey. General THOMPSON said he believed there was an erroneous impression on the part of hon. members on the opposite side as to the state of public feeling on this sub ject, but he could assure them that he had heard the sub ject frequently discussed at popular assemblies under the title of the law of primogeniture. It was with some diffi culty that he could, on some occasions, calm those present, by assuring them that they could dispose of their property, they being under a conviction that they would be obliged to leave their property to their eldest sons. It was sup posed that the present law was maintained by influential families in order that they might have a substantial head, who would provide for the younger sons by getting them situations in public offices. (Laughter.) Mr. EWART supported the second reading of the bill, and asserted that both public feeling and public reason had gradually become in favour of the principle of the bill. Mr. WHITESIDE denied that the public feeling was in favour of the bill, and condemned the practice that pre vailed in France. The present law was founded on the good sense of their forefathers, and with respect to any fear of wives being left unprovided for, they well knew the desire that prevailed on the part of husbands not to leave their wives without necessary provision. Mr. WALTER opposed, and Mr. GREER supported the second reading. The ATTORNEY-GENERAL said, with reference to the effect of the law in France, that no sooner was the law. of primogeniture abolished, than that country was con vulsed with anarchy, and if the legislature were to pass a bill like the present, the same result might, before many years had elapsed, be realised in this country. The effect of the bill would be to impose on the family of a poor man the task and expense of administering to effects that per haps were not worth £2O. Lord PALMERSTON said he objected to the bill on every possible ground. (Laughter.) The proposition of the hon. member for Surrey was against the feelings of the people, and entirely incompatible with the maintenance of a constitutional monarchy. It was opposed to the habits of the people of this country, because, as every one knew, there was a disposition generally among landed proprietors to make what was called an eldest son. There was also a pride on the part of some small proprietors to have retained in their families the land which they inherited ; there was one man who possessed only a few acres in the New Forest, which descended to him from his ancestor, who carried the body of Rufus to Winchester, and who was as proud of his pos session as if it was of considerable value. How could it be expected that a man with a few pounds would go to the ex pense of making a will ? He held that the existence of a constitutional monarchy required a landed aristocracy, by which he meant a landed gentry, whether titled or not. (Hear, hear.) The. moment that that i n t e rmediate body ceased to interpose between the Crown and the people, the constitution would undergo an alteration, for its continu ance was essential to the pres ent system. (Hea , r hear.) In those countries where the law of primogeniture was abolished it was found that the aristocracy were impo verished, and quite unfitted to exercise such functions as would be necessary. Mr. LOCKE KING having replied, The house divided, For the second reading.. ... . 76 Against it 271 Majority against 195 NEWSPAPERS, &c., BILL. Mr. AYRTON, in moving the second reading of this bill, said there was no need to occupy the attention of the house, as the details of the bill would be fully discussed in committee. The ATTORNEY-GENERAL said he did not in tend to oppose the bill, but he reserved to himself the right of moving certain amendments in committee. The bill was then read a second time. CONVEYANCE OF VOTERS BILL. Mr. COLLIER moved the second reading of this bill. Mr. HUNT moved the adjournment of the debate, as the whole subject must necessarily be discussed when the right hon. gentleman the Chancellor of the Exchequer's bill was under discussion. Mr. HEADLAM strongly objected to postponement. Mr. COLLIER said the present bill was to prevent the continuance of a bill which would expire in July. It had been said that the present bill should not be proceeded with, because the subject would be dealt with in another bill. But the reason he wished the present bill to be proceeded with was, that he believed that bill would not pass. (Hear, hear.) Lord PALMERSTON thought the bill ought to be pro ceeded with. The motion for the adjournment was then withdrawn, and the discussion on the bill proceeded. Mr. EDWIN JAMES thought that the expenses at pre sent entailed upon candidates for metropolitan boroughs prevented men of eminence and talent from coming forward to contest these boroughs. The cab hire was enormous. At the late elections for Finsbury and Lambeth there was a phalanx of cabs, and every description of vehicularity— (laughter)—engaged in conveying voters to the poll, and if these proceedings continued to be legal, the ultimate result would be that the successful candidate in any case would be the one who had the longest purse. He thought members of Parliament should be returned free of all expense. (Hear.) During a contest that he had lately taken part in in allu sion to the great expense of cab hire, some of his most in fluential supporters had said that they were sorry to put him to such an outlay for cab hire ; but the other side did the same. The practice had been legalised by Act of Par liament, and without he did the same he would stand no chance. He again said electioneering expenses were a scandal and a disgrace. In a contest he had had in Marylebone he had paid about £4OO for the erection of polling booths, yet in all the booths erected there was not one which would not have been a disgrace to a gingerbread stall. (Hear, hear, and laughter.) Mr. P. O'BRIEN opposed the bill. Mr. STEWART thought sufficient reason had not been shown for repealing a measure which had been passed after considerable discussion. Mr. WHITE thought the bill had been introduced into Parliament merely to secure the omnibus and cab interest in elections. He hoped the hon. gentleman would be suc cessful in his endeavour to repeal the law. Mr. DEEDES said he opposed the bill last session, and he should now give his vote in favour of its repeal. Mr. NEWDEGATE opposed the bill, as he considered it one of disfranchisement to the poorer out voters of all the county constituencies of England Lord JOHN RUSSELL said that last year he was of opinion that the house had no right to disfrancise those poorer voters who could not convey themselves to the poll. The bill of last year was merely a temporary measure, and it was open to repeal immediately more polling-booths were erected. By his bill his hon. friend had removed this ob jection, as he found he had largely increased the number of polling places, and he did not see why the practice of conveying voters to the poll should continue, as it was nearly akin to bribery. He should, therefore, seeing that the bill ' increased the number of polling places at no great distance from the residence of the voters, give his vote for the second reading of the bill. Mr. HUNT thought the bill highly objectionable. He thought a voter whose residence was eleven miles from a polling place had a right to a conveyance to the poll. An infirm voter had also the same right; he should therefore move that the bill be read a second time that day six months. Sir J. PAKINGTON thought the present a very inconvenient time to proceed with the bill, although at the same time he had no strong feeling on the matter one way or the other. He thought the present law ought not to be repealed before extra polling places had been pro vided. The new Reform Bill did this, and he therefore should vote against the bill. Mr. AYRTON said, when the bill of last session was passed, the Government said the bill could be fully discussed during the present session, and now, when it was proposed to remedy the effect of hasty legislation, his hon. friend was met with strong opposition. He thought he had a right to insist that the bill should be allowed to go into committee. The house then divided, when there appeared— For the second reading 172 Against it 153 Majority —l9 The bill was then read a second time, and ordered to be committed this day week. The Recreation Grounds Bill was read a second time. MEDICAL ACT (1858) AMENDMENT BILL. . This bill was M read a ihird . time and passed. METROPOLITAN GAS. Mr. BYNG nominated the select committee on the supply of gas, as follows :—Mr. Byng, Sir John Shelley, Mr. Ayrton, Mr. John Locke, Mr. John Abel Smith, the Judge Advocate, Mr. Alderman Cubitt, Mr. Adams, Mr. Barrow, Sir William Dunbar, Sir William Hayter, Mr. F. Russell, Mr. Jackson, Mr. Thomas Mills, and Mr. Whitbread. SCOTCH COUNTIES AND 110 ROUGHS. Mr. BLACKBURN moved for a return of the number of proprietors on the valuation roll of each county or burgh, or Parliamentary combination of counties or burghs, in Scotland, having property under £lO but not under £5 of annual value.—Agreed to. SUNDAY OBSERVANCE. Mr. T. BUNCOMBE moved for copies of all informa tions, summonses, and convictions, with the amount of fine and costs paid in each case, under the Act 29 Charles 11., intituled, " An Act for the better Observ ation of the Lords' Day, commonly called Sunday," before her Majesty's jus tices of the peace for the county of Southampton, from 25th day of December, 1858, to the Ist day of March, 1859 ; to gether with a copy of a memorial recently presented by the inhabitants of the district to the magistrates, complaining of the conduct of the police, with their reply thereto. — Agreed to. The house then adjourned. in bec A au s se h a t the P e I a turteehr d . e l y r i a d e d d a yt labourer.—Kelly's the 0 ur er. dignity_ r y f s t R he a a v a n y , Guide. Dunlop, TRIAL m . B r Y . a J T IR 3, Y r. r IN is{ o S n C e r T e f Als .P., prop N i A Bill proposes that if, after 'three hours' deliberation, nine of a j ur y in Scotland agree, a verdict may be returned by these nine. This bill amend s an act now on the statute-book, which of f o enact Mr requires a prior deliberation of six, instead of three, hours. [ADVERTISEMENT.] —Holloway's Ointment and Pills. — Rheumatism and Gout.—No diseases affecting mankind harass more than these ; none excite less pity, none exceed them in severity of suffering. In:the blood lies the poi sonous cause of both distempers which fortunately may be constitutional dionaanland locally expelled by Holloway's soothing pungent shooting the and forme r acute inflammation s n of the affected joint ; th ese Pill s cast out f rom th e whole s ystem all noxious sub s t ances with which gout, rheuma tism, and disease disappear, a n d f or a l ong ti me remain absent. Holloway's preparations purify and cleanse by pe am ed m ily atio re lieves the ss ll an d a isers, c onl heeriuin wehsBereareby secured,present c h o lt mf er o in rt g i o s u e t n tt e e d le ,p m ha ent p s in o e f a p a d being benefit is conferred, CANTON, JAN. 12. The troops in Canton, just sinking into the slum ber of an ordinary garrison life, were very roughly roused up in the course of last week. One of the chief evils to be guarded against in a garrison and climate like that of Canton is that listless ennui that enervates both mind and body, and leaves the soldier, with few resources in himself and none of the sanctifying influences of o home, to take refuge in drink and other sensual vices. Com manding officers have worked well and successfully to meet this evil. Athletic games and other amuse• meets have been got up in the different corps and battalions, while the General issued an order that each brigade should march once a week into the country, taking their dinners, cooked, with them, and returning home before dark. The men rightly regarded this as a great boon. It varied the monotony of their life within the lines, and all felt the better for turning their backs for the day on mouldering joss houses and dingy yamums, and inhaling the fresh breeze of the country. Several of those marches took place, and nothing could exceed the good conduct of our men or the apparent good-will of the Chinese. The poor flocked in crowds to share the remnants of our soldiers' dinners, while, to avoid the very appear ance of evil, we refrained from entering their populous villages. On Tuesday, the 4th inst., Colonel Holloway went out with his brigade for their usual weekly march. The friendly . Chin-chins greeted them along the way, and when they sat down to dinner the average hundreds of hungry and eager expec tants watched for the scraps or scrambled for the cash that was scattered among them by the officers. But a sudden change came over this busy scene. The beggars, young and old, cast from them the untasted tidbits, and rushed in a fright past hun dreds of ungathered cash, for they saw the many. coloured flags of the Quantung Braves cresting the top of a neighbouring hill. and though this was a pretty sight in itself, and much admired by the soldiers as they reclined after dinner, it convinced those poor people, who were up to the customs of the country, that the sooner they got out of the way the better for their personal safety. Colonel Holloway, strong in his own good inten tions, believed (as any reasonable man well might) that this was only a deputation from the surround ing villages to welcome us, and so we rode forward with a few mounted officers to meet them half way and cement the friendly bond. His reception was indeed warm enough, though I can't call it friendly, for ere he could carry his kind intentions into exe cution a storm of rockets and gingal bullets burst around the astonished picknickers, and compelled them to make use of more deadly weapons than knives and forks. I need scarcely state with what result. The Braves, though plucky enough at long bowls, have a wholesome dread of British cold steel, and a few well-directed shots, with a dash forward by two companies, ended the affair, and drove the Braves flying in all directions, but not before some of them paid at the cost of their lives for this act of foul treachery. The escape of our people was most providential. A rocket passed between the body and arm of one of our officers (Mr. O'Grady), merely drawing a few drops of blood ; had it gone two inches on one side it would have cost him his life, while an inch on the other would have cost him his arm. One of our men had the strap of his water-barrel cut from his back ; another had the sole shot from under his boot ; while the call to arms was suddenly cut short, and the bugle, squashed with a ball, flew from the hand and mouth of the astonished bugler who was blowing it. Those marches into the country had taken place with the full concurrence of Teh-Qui. He had given notice throughout the towns and villages of the district of the friendly nature of them, and there fore satisfaction was required, through him, for this gross outrage. However, those refractory subjects of the Emperor rejected alike the threats and coax ings of the Governor, and when Capt. M'Cleverty attempted a direct communication with them they fired on the flag of truce. It was now apparent that we had to deal, not with an isolated case of a few ignorant and discon tented villagers, but with an opposition to the Im perial treaty and the presence of Europeans in the province, well organised and widely extended. The league of the Quantung gentry was up and at work with its old bitter hostility, collecting mu nitions of war at Shek-tseng, preparing to make the next summer hotter for us than even the last, and no doubt resolved to pay their last year's prices for Englishmen's heads. A triumvirate sitting in Shek , tseng directed the operations of the league. The Chinese pride of those provincial magnates had quite got over the fall of Canton, and attributed it to cowardice and treachery on the part of the Tartar garrison, but there was Shek-tseng within nine miles of Canton, defended by true Chinese Braves. No European had ever crossed over its beautiful bridge, nor ever should in their day, for they had placed 20 pieces of heavy ordnance in position to guard it. All this was to be kept quiet until the summer had set in, when Europeans could not stand the sun, and then the League would teach the outside Barbarians and cowardly Tartars in Canton such a lesson. Such was the information brought in after the outrage of the 4th. The intemperate zeal of one of the leaders in attacking our Marines gave timely notice of the storm that was brewing against us in Shek.tseng, and so it was wisely determined not to waste our strength on outlying villages, but to advance direct on this Gibraltar of the league, and cut away the fountain of the evil. The expedition thus planned was most success fully executed. On Saturday last, at 7 a.m., 1,700 picked men started from the north gate, while a naval brigade of 400 men, under Capt. M'Cleverty, R.N., went round in gunboats. Had our people the pick of the entire year, they could not have lighted on a more propitious day— dry, cold, and bracing. You felt the buoyancy of home as you marched over the Chinese paddy-fields Two hours brought the troops to a village within 1,000 yards of Shek-tseng, and the gunboats to the mouth of the river that runs by it, and then the work began. The enemy had got the range of this village and the mouth of the river. They opened a well-directed fire, and sustained it for a short time with very great vigour. Of the first four shots they fired two hullod the gunboats, while in the village the leaves began to fall from the trees and the old walls to tumble down in such a way as to warn those who valued their safety to move forward as fast as pos sible, for within 800 yards of the place you were much more secure than at 1,000 or 1,200. The position of Shek-tseng looked no joke from this village. There was the deep unfordable river between us, while the beautiful bridge we wanted to cross abutted on an island that growled upon us with twelve well worked guns, while this island was connected to our side of the water by a narrow wooden causeway. The attacking party consisted of 200 French on the right, 150 Ist Royals in the centre, and the same number of Royal Engineers on the left. All these were thrown out in skirmishing order, and supported by the I st battalion of Ro y al Marines, under Col. Lemon. The rest of the troops formed a corps of reserve. Three of our rocket tubes, with seven English and one French howitzer, took up a position between the skirmishers and opened a very telling fire. The French, with their usual promptness, rushed for ward, determined to be first up, but as they at tempted to pass a little hamlet with a thick hedge in front of it, they were met from behind the hedge with w fire of gingals that wounded two of the party and compelled them to retreat a little and gather together to make a full sweep through the place. The General, noticing this, ordered the 65th Bengal Native Infantry up in support. Meantime the Ist Royals and Engineers were advancing steadily, the former making beautiful practice on the Chinese gunners in the island (I noticed afterwards the side stones of the embrasures dotted with the marks of their bullets and trickling blood round more than one of their guns), while the Engineers, up to their knees in thick mud, worked on to the front and reserved their fire for the final rush. At this critical moment the naval brigade topped the hill on the Shek-tseng side of the river. Cap tain M'Cleverty had made short work of the inner side batteries, and arrived at the nick of time to turn the position. The Chinese, who up to this time behaved with great pluck, now fled for their lives. In rushed the Engineers, followed by:Royals and Royal Marines, and Shek-tseng lay at our mercy. The place was full of munitions of war, even to waterproof coats and hats for the Braves next summer. So besotted were these people that they utterly disbelieved in our power to take this town, and though they had ample notice of our approach the wives of the chief men remained in the place, and were found all together in the women's quarter of the town, utterly paralysed with terror. Everything was done to save them from ill treatment. Guards were set to prevent any male entering that part of the city, and when on leaving we burnt the rest of the town, the General not only spared that quarter, but humanely caused several houses between to be gutted to prevent the possibility of the fire extending. The next day we made a march of some 20 miles through ono of the richest and most beautiful countries I ever passed over. The whole of it was cultivated like a garden. A great part of our road was arched over by trees that would race the river, 300 noblest of our parks at home, THE ENGLIS. H GARRISON .AT CANTON. yards wide, clear as crystal, with a white sand beach on each side, tempted you to jump in and luxuriate in a bath. _ At this time of year this river is fordable in seve ral places. A part of the force crossed the opposite bank and went to Kong Soon, a town of consider able commercial importance. Here we found a large Chinese fair in full operation, and the natives went on buying their fat pigs, oxen, and buffaloes with the greatest sang frond, while the great men of the place, in a neighharuring joss-house, were making their humble sOmission to General Von Straubenzee. About a Mile from Kong Soon is the Parliament House of the League. We found the clearest proofs in the house that it was the same place where the European and sepoy prisoners were either killed or died, and that it was also here the stipulated price for the heads and hands of the murdered victims was paid to their assassins by those worse than assassins. The elders of the various towns and villages on our route waited on the General with the greatest humility. There was no end to their " chin chining" and " kotowing," and they all held in their hands as well as covered their house doors with long strips of pink and red paper. This is the very acme of Chinese compliment. As the knight of old always displayed the favourite colour of his lady-love, so the Chinese elders by those long strips of red paper would show to the whole of the Chinese their love and respect for the honoured Taipans who rejoice in scarlet coats. Such is the effect which the taking of Shek-tseng has produced on the surrounding country. A town of 40,000 inhabitants, looked upon and boasted of as the impregnable fortress of the province, fell before us in an hour's fighting. Its capture has struck terror into the heart of the province, and given those people a far greater idea of British prowess than even the fall of Canton itself. When our Consul some months since applied to Teh Qui for a residence, the latter told him he would not answer for his life an hour after the troops left if he came to reside within the city. Teh Qui in this stated the truth, but the fall of Shek-tseng puts a seal to the Elgin Treaty that will be respected. It has quashed a confederation based on the principle of undying . hostility to everything European, which gloried in the assas sination of unoffending foreigners, and was hard at work preparing for an offensive war with us in the , coming summer. The old, proud, implacable, un tractable spirit of Yeh survived in the league of the Quan-Tung gentry—that spirit which, as Mr. Cooke has well and truly set forth, must be crushed out of her before China can take her place among civilised nations. The same spirit which last year filled the houses of Canton with slaughtered women and children was equally manifest in the crowds of women and children left at the mercy of our soldiers in this town, but our soldiers did not tarnish their valour by acts of brutal licentiousness ; they did not dis grace the holy name they bear—even the name of Him who came to do good to all men. With towns and villages lying at their mercy, with the strongest temptations and opportunities for those sins that have special power with soldiers, our men behaved in a manner beyond all praise, and, if ever a hostile invasion directly tended to promote the interests of true religion, such will be the result of the Shek tseng expedition. ZAW INTELLIGENCE, March. 2. COURT FOR DIVORCE AND MATRI MONIAL CAUSES. (Before Lord Chief Justice Cockburn, Mr. Justice Wightman and the Judge-Ordinary.) ROBINSON V. ROBINSON AND LANE.-JUDGMENT. At the sitting of the Court, The Lord Chief Justice delivered judgment in this case. His lordship said,—This was a suit for a divorce a vinculo, on the ground of adultery. The evidence consisted entirely of admissions made by Mrs. Robinson herself. In the majority of instances the diary; in describing the private interviews of Mrs. Robinson and Dr. Lane, spoke of acts which, though no doubt of a most guilty character, yet did not amount to actual adultery. In other in stances the language was ambiguous. It might be taken to import actual consummation or to refer only to indecent familiarities and caresses, such as the Court had already referred to, and which, how ever criminal, would not justify it in decreeing a divorce. In one instance language of this sort, which might be construed into a complete confession of adultery, was afterwards used under circum stances in which it was plain that no such meaning could attach to it. In no instance could they find a clear and unequivocal admission of adultery having taken place. The strongest passage was that in which the respondent stated, that after one of these interviews Dr. Lane desired her to take care to "obviate consequences ;" but even there the " consequences" referred to might have been those of discovery or detection, and not those resulting from an adulterous connection. It was true that where they were dealing with admissions by a wife of criminal and indecent familiarities, bordering upon and, morally speaking, partaking of adultery, the disposition of the Court would, for obvioui reasons, be to give the fullest effect to the language of those admissions. But in this case there were con siderations which led the Court to think that the lan guage of Mrs. Robinson in her diary must be con strued by a different rule. The Court was dealing with' one whom an ardent imagination and a pas sionate nature too often led 'away beyond the bounds of reason and truth, and who, in all relating to her intercourse with ineii for whom she had conceived a partiality, was prone to exaggerate and over•colour every circumstance which tended to her gratifica tion. There was a,striking instance of this in her interview with Mr. Thom, where she magnified into the most serious importance circumstances which were proved to have been of the most ordinary and trivial character. In the present instance this tendency would be more strongly brought into play by the strength and ardour of her passion for Dr. Lane. It was plain that she dwelt with impure gratification on the portraiture of these scenes, and on the details of the guilty endearments and caresses which she narrated. It was impossible to say how much of all this might not be the work of an imagination corruptedby sensuality and dwelling with morbid satisfaction on its own impure crea tions, or how far any ground work of fact might be distorted or overcharged by the fanciful additions of the writer. The CoUrt was, at all events, of opinion that all that came from such a quarter on such a subject, far from being taken as a ground for drawing further inferences of criminality, must be received with very -great allowance and distrust. Having no other evidence than the statements of a writer in whose judgment and fidelity to truth in the particular matter the Court could place no re liance, and whom it believed capable of distorting and discolouring facts to gratify her disordered fancy and morbid passion, it would have had great doubt whether, if 'the admissions had amounted to a clear acknowledgment of adultery, it could have given effect to them ; but, looking to the ambiguous character of the expressions, coupled with the reite rated complaints of the writer of the absence of equal ardour on the part of Dr. Lane, it could not, under all the circumstances of the case, come to the conclusion that there was any admission of adultery upon which it would be justified in acting. Enter taining this opinion of the evidence derived from the journal, it would be unnecessary to enter into the consideration of the evidence given by Dr. Lane, and therefore the only course open to the Court was to dismiss the petition. At the conclusion of the judgment the Lord Chief Justice and Mr. Justice Wightman retired, and Sir C. Cresswell proceeded to hear the motions on the paper. DICKENS V. DICKENS. This wag a petition by a wife for judicial sepa ration on the ground of her husband's adultery. The cause has not yet bee n heard, but a rule nis i was obtained on Wednesday last to review the registrar's taxation of the wife's costs. Two ob jections were raised against the taxation—first, that all the costs incurred previous to the petition had been disallowed ; and, secondly, that the costs of certain interviews with the petitioner's father, rendered necessary by the petitioner's illness, had been disallowed. Cause was shown• against the rule by Dr. Swabey, and it was supported by Dr. Phillimore, Q.C. Sir C. Cresswell took time to consider his deci. sion. STOATE V. STOATE. Dr. Swabey appeared for the petitioner, Mrs. Stoatc ; the respondent appeared in person. A decree of judicial separation having been pro nounced on the ground of the husband's cruelty, the wife now appeared for permanent alimony. Mr. Stoate opposed the application, on the ground that he had commenced a suit against his wife for a dissolution of marriage by reason of adultery. His lordship, however, thought that was no answer to the petition for alimony, and, estimating the respondent's income at £320, awarded the peti tioner £BO per annum. SLATTERIE V. MOODY. Mr. Slade and Mr. Karslake were counsel for the plaintiff, and Mr. Smith and Mr. Coleridge for the defendant. This was an action of trover to recover certain goods. The defence set up was a bill of sale, but which the plaintiff alleged was counteracted by two bills of exchange. After a trial which lasted the whole day, the jury, at a late hour, returned a verdict for the plaintiff for £4O. RICHARDSON V. STOREY. Mr. Slade and Mr. Karslake were counsel for the plaintiff, and Mr. Phinn and Mr. Poulden for the defendant. This was an action for false imprisonment. The defendant pleaded Not Guilty. Mr. Slade said this was an action brought by Arthur Richardson (by his father), a young man 16 years of age, who was an apprentice to Mr. Mumby, a chemist at Gosport, to recover damages for false imprisonment under circumstances which were completely unparalleled. The defendant was a lady who kept an establishment for young ladies about two miles from Gosport. She hadthree assis tants, or pupils, of considerable attractions—Miss Caroline Lampard, Miss Eliza Goodram, and Miss Mary Clarke. Mr. Mumby had also another ap prentice named Dyer, and they had a friend named Rix. Of course the three young ladies were very natural attractions to these young men of enter prising habits, and they were sure to come together. They frequented the same chapel, and at a tea meeting there had been introduced to each other, and they had gone home to Mrs. Storey's with the young ladies, and Mrs. Storey had given them a general invitation. In the course of time it would seem that the young gentlemen did not visit the young ladies so often as they wished, and they commenced a correspondence of rather a warm character, and they sent the young gentle men some beautifully worked book -markers, having on each the motto, "Lovest thou me ?" An invita tion of this sort was irresistible ; they must have been unworthy the name of men if they had not responded to such an appeal ; their visits became more frequent. The young ladies used to point out certain verses in the Songs of Solomon. The result of all this was inevitable. The young gentlemen were constant in their attendance, but anxious that Mrs. Storey, who had passed the heyday of youth, should not know it. One of the young ladies was a great French scholar, and she wrote some French couplets apostrophising the moon. On some occa sions they were obliged to hide behind the laurels. Rix in a very foolish manner wrote a paragraph to the Southampton paper stating that a burglary had been attempted at Mrs. Storey's ; he also wrote a second paragraph of the same nature. This put the police on the qui vine, and a communication took place between them and Mrs. Storey, and it was determined to lay a trap. Mrs. Storey called on Mrs. Mumby and told her she was going to her sister's and should not be home until ten o'clock at night. In the course of the afternoon Richardson was sent out with a parcel to be delivered at Albert cottage, near Mrs. Storey's. On the way he saw Rix, and asked him to accompany him. They went on, and had to pass Mrs. Storey's house. They saw a servant at the door, and asked her where Albert cottage was. The servant said she did not know, but would go in and inquire. She went in, but of ) course nothing was said about Albert-cottage, but the servant returned with a request that the young gentlemen womld walk in. Miss Clarke was then away. Richaldson and Rix went into the house, where they found Miss Lampard and Miss Goodram, but almost before they had time for a mutual salute a policeman made his appearance, and said, " You are the young gentlemen I am in search of ; you must come along with me ;" and he proceeded to ' handcuff these respectable young men, and walked them two miles to Gosport, locked them up in the station-house, refused bail, and kept them there all night. The next morning they were taken before a magistrate, but, no one appearing against them, they were discharged. On Mrs. Storey's return that evening she asked if the young men had been there, and if they had been taken, and expressed a hope that they would be locked up all night. The plaintiff did not seek for damages, but if the defendant would make an apology for the outrage he would be satisfied ; but if she would not, then they must ask for damages. The plaintiff was called, and stated the facts before detailed. In cross-examination he said he was not paying ' his addresses to any one of the young ladies in par ticular, but he made love to them all. They had not had time to settle down. There had been some idea of sending Mrs'. Storey a dead cat, but the • young ladies had recommended them not to do it. Rix said he wrote his own love letters, some times to one of the girls, sometimes to another. He wrote the paragraphs for the newspaper. They sometimes threw gravel up at the windows at the suggestion of the girls. In cross-examination, he said he had also brought an action ; the attorney was Richardson's brother. Had gone in different costumes ; sometimes like a troubadour. The next day Mrs. Storey was asked why she had done this, and she said they had no right in her house. Miss Lampard was called—My father lives at University-street, London. I was a teacher at Mrs. Storey's. Miss Clarke and Miss Goodram came. I first made the acquaintance of Richardson at the tea-meetings. We were introduced there. He es corted us home. He left us at the gate. The next time he came to fetch Mrs. Mumby, he came into the room for a few minutes. He came again, ac companied by Rix. There was music. A greater intimacy arose, and the two, with Dyer, used to come and see us. We never paired off. When I saw the paragraphs I thought they were a hoax. It was all a joke about sending the dead cat. On the day in question I don't know exactly what brought them in. We had not begun to play on the piano when the policeman came in. He hand cuffed the young gentlemen. We did not go off in a faint. The policeman took them away. It was about nine o'clock in the evening. Mrs. Storey had told us she should not be home till ten o'clock. I had communicated this by note to the young gentlemen. Mrs. Storey returned a little after ten, and asked if any one had been. I said, " Yes, Mr. Richardson and Mr. Rix." She said, " And I hope the policeman has taken them off." I told her he had, and they were handcuffed. She said she was very much obliged to him, and rubbed her hands. Before we went to bed the policeman called again, and Mrs. Storey told him to be shown in. She said to him, "So you have taken those boys off my premises ?" He said he had. She said she hoped they would enjoy their night's rest. The policeman said he hoped they would, for he had locked them up himself. My father came down and took me away. He told me had written to me to say he was coming. Mrs. Storey then pro duced the letter. Before he came Mrs. Storey desired me to write a statement. I silently resisted for some time, but Mrs. Storey told me I must write it quickly, as the magistrate would be there shortly. I wrote a statement at Mrs. Storey's dictation. I was had in before two policemen, who asked me several questions. My father was in the drawing room above. I went away in two days after. Cross-examined—l was a teacher. Mrs. Storey had spoken to me some time before this about the correspondence, and threatened to write to my father. She made us promise not to speak to them again. We saw them seven or eight times after, about 9in the evening. They never stayed longer than half an hour. We have met them at half-past 6in the morning. There was no promise of mar riage that I know of. There was no particular attachment that I know of. I wrote to Dyer, but he was not a particular favourite. They came just inside the door. The servants were in the secret, and posted the letters for us. I went out with Mrs. Storey with a candle to look for them. I knew which side of the garden they were on, and I took her to the other side, as I did not wish to show them up. We had no one else sighing for us. Stones were thrown up at the windows, but my window was too far off. I did not tell Mrs. Storey of it. I worked a book marker and sent it to Richardson. There had been grapes stolen from the garden, but the young gentlemen were after something sweeter than grapes. (The court was convulsed with laughter during this examination, in which the witness most heartily joined.) Miss Clarke heard the policeman tell Mrs. Storey that he had her orders for taking, the young men into custody. Mrs. Storey said Mr. Mumby was raging and foaming like a little dog chained up, and was trying to injure the policeman. She did not deny that she had given the order. Cross-examined—l left because I would not pro mise not to renew the acquaintance henceforth and for ever. I had not been in the garden with them so often as the others. I have renewed the acquaint ance, with my father's perfect knowledge and consent. Mr. Phinn then addressed the jury for the de fendant. His friend had attempted to bring a great deal of ridicule into the case, but he th ought it one of a most serious nature. This lady had been put to the ordeal of having two actions brought against her, and it was attempted to visit her with costs that would prose her ruin. They had all been young, it was true, and knew the pranks of boys, but he would ask them whether what they had suffered had not served them right ? They would hardly like to intrust their daughters to the care of a VICARS V. VICARS. In this case the full Court had decreed a dissolu tion of the marriage of Mr. and Mrs. Vicars on the ground of the husband's incestuous adultery. The wife had since presented a petition for permanent alimony in the name of " Mrs. Vicars." Dr. Swabey, for the respondent, moved that the petition be dismissed, on the ground that the decree of dissolution having been pronounced, the Court had no further jurisdiction over either of the parties. Dr. Addams, Q.C., appeared for the petitioner. Sir C. Cresswell said it was a point of great nicety, and lie phould defer eying an opinion upon it• ASSIZ. WESTERN CIRCUIT.-I\riNCHESTER, March 2. NISI PRIUS COURT. 'Before Mr. Justice Crowder and a Common Jury.) 'ENCE. lady in whose establishment were yo ung ladies who had given way to such giddy conduct. Mrs. Storey had remonstrated with them, but still these boys continued their conduct of con ling to the house to see these girls. When the statements as to the sup posed burglary were seen in the papers the rate payer's would naturally be asking what the police were about ; and thus it was necessary that some steps should be taken. Mrs. Storey sought the as sistance of Captain Purvis, and it was that gentle man who had given instructions to the police, and it was in consequence of those instructions that the police had acted. He submitted that Mrs. Storey was not responsible, for she had only asked that the police might apprehend unknown persons who were found wandering about her pren iises. If the police had exceeded their duty Mrs. Si:orey was not answerable. Mrs. Storey said she was a wide v. Some of her pupils had informed her of the corre spondence between the young ladiets and these boys, and of one meeting in the garde n. She also heard of her teachers waving pocket-h, andkerchiefs on a Sunday afternoon from the upper windows to these boys in a field. She mentioned the circum stance to Mrs. Mumby, who said she km ew nothing of it, but would certainly find out. W itness said she could not allow anything so improper. She then spoke to her teachers, and asked if it was ' true about the letters and book-markers. They were very much confused and hesitated, and then admitted it, and promised not to repeat it. She threatened to write to their fathers. Had known the three young men from their having served her in their shops. Never asked them to her house, or said she should be glad to see them. She spoke to Mr. Mumby, who said he should not interfere, and that it was capital fun for the boys, and he liked it too much when a boy to interfere with others • but that, of course, witness could not allow it. Wit ness said the means she should take to stop it would be to discharge her teachers immediately. Heard noises at night and stones thrown against the windows, and her grapes had 'been stolen. Went to Captain Purvis, the magistrate, who said she should not be annoyed any longer, and he sent a policeman to Superintendent Grant. Did not mention the names of these young men to Captain Purvis or the police. A policeman afterwards called to know the reason she had not given notice of the attempted burglary, as it had appeared in the Hampshire Telegraph. The pa ragraph was entirely false. MissGoodram, a teacher in the defent lanes school, who said she was 19 years old, and wa a still in her employment, gave evidence as to t' he meetings between herself and other teachers, am l the plaintiff and his friends, but denied some of the statements made by the plaintiff's witnesses. White, a county policeman, stationed at Alver stoke, proved the apprehension of the vlaintiff and Rix, but 'denied that he did so by the )instructions of the defendant, although he admitted braving been desired by her to apprehend any person he found unlawfully upon her premises. Mr. Slade having replied upon the: whole case, The learned Judge was left summing up when our report was sent off. CROWN COURT. THE ANDOVER MURDER. The grand jury have thrown out the bill against Banks and his wife for this murder. COUNTRY MAREET,!I. MARKET HARBOROUGH—MAn Ali 2. There was a good quantity of wheat on offe r, and prices for all descriptions were about maintained. I larley a very fair demand, and at last week's extreme rates. Beans were a small supply, but fully as dear. Oats a fair sale, at late rates. Wheat ...38s to 42s Oats.... ..... ...28s to 33s White do .40s to 42s Beans ....—s to —s Barley .3 8 s to 40 s Ditto , old to 44s NEWARK• -MA UCH 2. - - This day's market was but thinly attend( 41, and with only a retail inquiry for any article. Price s have to be written nominally unaltered. 'White wheat, new, 42a to 48s Barley, grindix tg..2Bs to 32s Red do. 3Bs to 42s Oats, old, 30s to 34s Old white 428 to 48s New do .....26s to 28s Red do. 388 to 40s Beaus.. .....44s to 48: Barley, malting....3Bs to 44s Peas .... —8 to —s MELTON MOWBRAY---IdAncu 2. There was a fair show of wheat and a tolerable attend ance. White samples realised 40s to 44s ; red, 40s to 425; Barley of superior quality made high rates, malting of the best description selling at 38s to 40s per qr. ; in grinding little doing In oats there was very little change, prices ranging from 29s to 36s per 24 stone. Beans scarce and at easier rates, namely, 40s to 48s per 38 stone. CORK—MARCH 1. The following were the quotations this morning :—Red wheat, 21s to 228 Od; white, 228 Od to 23s 9d; barley 12s 9d to 15s Od; oats, u s 6d to 13s 4d. DUBLIN-LlvlA.ncl:l 1. There was a small supply of wheat and eats of prim* quality to-day, for which Friday's prices were scarcely obtained. Trade dull. a. d. s. d. ■. d. a. 1. Wheat, white.. 22 6to 25 6 Do., new ..... 11 6to 13 0 Do., red .. 21 6t023 0 Bere .100 to 12 0 Do., new .. 21 6t024 6 Rapeseed .... 26 0t029 0 Barley Oats Do., black lO 6toll 0 Indian corn 28 oto3o 0 COAL MARK: (Prices of Coal per Ton at d. .ET—MARCH 2. the claim ef the, market.) Walla End. Lambert's West Hart- ley ......... —l4 0 Tanfield Moor 11 6 Tanfield Moor Butes ll 6 Walker Primrose l2 0 Wylam 14 6 Davison's West Hart- e. d. Byron .........15 6 Cassop .. 16 3 Eden.. Acorn Close.. 15 6 Braddyll's Hetton 16 3 Heugh Hall.. 15 6 Whitworth 14 3 Kepler Grange 16 6 Iletton.... l7 6 ley 14 6 Buddle's West Hartleyl4 0 Walls End. Oaradoc . . 16 0 Trimdon Thornley....l4 0 Hunwick Harton l4 9 Bell West Hettos. 16 6 Framwellgate l5 3 Ships at market Benson South Hartlepool 15 9 South Kelloe l6 6 Trimdon Hartlepool 16 6 South Hetton. 17 3 Fothergill's Aberdare 21 0 [ Powell's Duffryn Steam 21 0 120—Sold, 49. VARIORUM EDITION OF LEVY (Livy ?)—Levy, Levison, Lewis, Lewison, Lawson, Leivy, Leivin, Lewin son, Lewson, Le veson, Levien, Levine, Levinson Lavy.-- Kelly's Railway Guide. In addition to the 3 companies of Royal Artillery which arrived at Woolwich by the steam transport ship Melbourne, Capt. Joliffe, from the West Indies, as enumerated in The Sun of yesterday, the Mel bourne brought Lieutenants Richardson, Wardell, Hendcock, and Cameron, Royal Artillery ; Lieut. Dugmore and Assistant-Surgeon Moore, 3d West India Regiment •, 22 men of the 4th Regiment ; and 40 invalids of different corps, in charge of Captain Calcott, 26th Cameron ians. The Melbourne likewise brought home, to be handed over to the civil autho rities, No. 5,013, Gunner Alex. :31‘Culloch, R.A., who was tried at a general court-martial held at St. George's, Bermuda, on the 26th Aug., 1858, and convicted of having endeavoured to shoot Gunner George Garner, R.A., when in the execution of his duty as sentry over the Royal Artillery Camp at Fort Victoria. He was consequently sentenced by the court-martial to suffer a punishment of four years' penal servitude, and was ordered home by Col. Hemphill, in command of the forces in Ber muda, for the purpose of carrying out the sentence. The Melbourne, as appears from the Bermuda Royal Gazette, dated Feb. 8, was enabled to pro vide for the safety of the Emperor Soulouque and his family and attendants, whom she conveyed to Jamaica immediately after signing his abdication. BIRTHS. BEAUMONT.—On the Ist inst., at the Rectory, Butterleigh, near Collumpton, the wife of the Rev. T. G. Beaumont, of a daughter. GALTON.—On the 2d inst., at 12, Chester-place, Grosvenor. place, the wife of Captain Douglas Galton, R.E., of a daughter. RIDER.—On the let inst., at 14, Bartholomew-close, Mrs. _ _ J. W. Rider, of a daughter. RlNsom.—On the Ist inst., at St. Leonard's-on-Sea, the wife of R. Ransom, Esq., of a daughter. MARRIAGES GOULBURN—MILES.—On the Ist inst., at St. James's, Piccadilly, Frederick Groulburn, Esq., third son of the late Right Hon. Henry Goulburn, to the Hon. Jemima Townshend Miles, third daughter of Lord Sondes. GURNEY—SCANTLEBURY. — On the 2d inst., at St. James's, Westbourne-terrace, Paddington, Thomas Gurney, Esq., of 61, Baker - street, Portman-square, to Jane, the third daughter of Wm. Scantlebury, Esq., of 4, Porchester terrace N., Paddington. DEATHS. BAYEY.—On the 28th ult., Mrs. Kitty Bayly, of Spencer place, North Brixton, aged 70. BAYFIELD.----OR the Ist inst., at Porchester, Mrs. Bayfield, aged 76. BRAZIER.—On the 27th ult., in Broad-street-buildings, Samuel Brazier, Esq., aged 76. BURNAEY.—On the Ist inst., at Manchester-street, Man chester-square, Emma, relict of the late Captain E. A. C. Burnaby, R.N., aged 65. HoLmax.—On the 2d inst., Mr. John Holman, wine mer chant, Wapping, aged 65. LEDIARD.—On. the Ist inst., at the Rectory, Chelsea, the Rev. R. Lcdiard, curate of St. Luke's. RICH ARES.—On the 28th ult., at Sampford Courtenay, the Rev. G. P. Richards, rector, aged 74. TRA.YERS.—On the 27th ult., at Clevedon, Torquay, Capt. J. S. Travers, late of the 11th Regt., aged 31. LONDON : Printed and Published by MURDO YOU N G 12/ of No. 112, Strand, Printer, at The Sun Office , No. 1, Strand, in the Precinct of the Savoy, in th e c oati di Middlesex, Thursday, March a, 1859.