The Sun. — London, England, 1829-12-05 00:00:00

come into collision with each other. The elder Humboldt, at one time Prussian Ambassador in this country, now a Minister of State, one of the best writers on Government in any language (and it is gratifying to see such men at the helm of State in a great country) has handled this subject well in one of his Essays It ap peared to me," he says, " that the most advan tageous situation for the citizen in a State is that in which he comes the most in contact with his fellow-citizens, and is at the same time fet tered as little as possible by the Government. This brought me immediately to the principle, that the action of the State ought never to be substituted to the action of individual citizens, but in regard to the effecting of such necessary objects as individuals alone are unable, through their own exertions, to effect ; and in this alone in my opinion, security consists. All beyond this, man procures for himself; every good lie himself acquires, every evil he repels, either singly or by means of voluntary association. The preservation of security alone, as every con flict lays the foundation for other conflicts, de mands a final uncontroulable power ; and as this is the peculiar character of a State, for this alone ought a State to be instituted. It' we extend the action of the State further, we limit the self direction of individuals in a prejudicial manner, produce a mechanical uniformity, and, in a word, destroy in them all power of trusting to their own resources. In the illustration of these ideas I have elsewhere gone into greater detail, and have endeavoured to show singly the injury which must necessarily be produced, or which, at least, cannot easily be avoided, when the State, instead of confining itself to measures for security, persists in providing for the physical or even the moral welfare of the in habitants. Regarding security, in enlarging on the means of promoting it I have endeavoured . to exclude all those which act too powerfully on the character, as, for instance, public educas tion, religion, laws of morality, and assigned those of which the use appeared to me both un prejudicial and necessary, and with this view I want the Police, Civil, and Criminal Legisla tion." These ideas of the Prussian Statesman are certainly judicious. If we try the existing institutions of this country by them, it will, we fear, be found that we have too often done those things which we ought not to have done, and left undone those things which we ought to have done. It would be displaying a want of candour not to allow that there is more scope in this country for free agency than in any other in Europe at least. With very few exceptions, any man may, throughout England, prescribe for both the bodies and souls of all his Majesty's ' :subjects. Except in case of publicans, and in certain corporate towns, any man may follow any branch of industry. A man may cultivate as lie pl ea s e s, and make such erections as he pleases on his own property. The individuals of a neighbourhood may meet and deliberate on mat ters in which they have a common interest, and associate for objects calculated to promote the common good. But while they enjoy these advan tages, it cannot be denied that the chief object of Government, security, has been very inadequately provided for. There has been nearly a complete denial of justice to all but the rich. The means for the prevention and punishment of crime have hitherto been very inadequately afforded. The Statute I3oolc, on the other hand, is full of orders and prohibitions with re ference to acts which do not come within the province of the Legislature, but ought to be left to the discretion of individuals. A great part of the money raised by Government is continu ally expended not on the proper obiects of Go vernment, but in the furtherance of „ jobs of all sorts. Tithe, as every one knows, is a tax oft food, falling on the consumers when importation is restricted, and on the growers when the im portation is free. This tax, which increases with every increase of the cost of raising food, and io therefore the most oppressive and mischievous of all taxes, is employed not on any object con nected with the proper business of Govern ment, but in paying the Clergy of a portion of the community. Instruction, as we have said, ' is no part of the business of the State, but an Affair of individuals ; and it is singular that those Journals which exclaim against an emablishment having for object the im mediate protection of individuals—namely, the new Police—as an encroachment on li berty, should at the same time loudly con tend for the application of an immense part of the taxes to the maintenance of a body which does not promote any of the ends of Govern ment, and the powers committed to which are in their exercise felt by individuals as a great oppression. We allude particularly to the ' Spiritual Courts, a relic of the times when the inhabitants of a country were considered as ex isting merely for the sake of the Church, and not the Church for the sake of the inhabitants ; Courts, which, in spite of all the recent at tempts to puirfy them, still partake largely of the spirit of the Inquisition. But, as if the appli cation of the tax levied in the shape of tithe, to the maintenance of an establishment foreign to the objects of Government were not enough, the Legislature, by a gross abuse of its powers, has subjected the inhabitants of many places, more especially in the vicinity of this me tropolis, to taxation, levied by irresponsible individuals to a large amount, for the main tenance and repair of a number of additional churches, and every day the most distressing scenes are taking place in consequence. Individuals who have struggled to discharge the usual taxes and poor rates, and other parish charges, have, when fsirly exhausted, had the beds taken from under them for rates for the sacred edifices which we owe to Lord Godcrich and the recommenda tion of Dr. Lushington. But who can enume rate all the encroachments on the community, and misapplications of public money ? From the palace to the poor-house we everywhere see jobbing. The Legislature itself is constituted through jobbing, and it communicates in return ample powers of jobbing to Magistrates, Vestry men, and all manner of functionaries. History, as we have said, is but a record of continual aggressions, and of escapes from one evil to another. Yet we derive from her lessons this consolation, that the evils become gradually more mild. In the present day oppression seldom presents itself in so odious a shape as it did in former times. Knowledge is power ; and as in telligence becomes more diffused, we may hope that, with the possession of more correct ideas as to the end of Government, they will be enabled to prevent abuses of power, and to ensure the application of the public money to the only legi timate object—the protection of the community. We may excuse foreigners who have been suf fering from the restraints on liberty imposed by Continent a l G overnments , w hi c h, b y regulating ; everything, leaves no self-direction to individuals, for, flying to the other extreme, they make mobs ' the object of their panegyric. But Englishmen are too far advanced in civilization an d , have too enlightened ideas of Government, to seek for security in the dissolution of all order—an effect t he most dreadful of all tyrannies.—Morn. Chron. Among that class of persons, unfortunately a very large one, who talk and decide_ upon grave subjects of which they are wholly ignorant, it has for some time been a favourite fancy, that a code of laws, adapted to the wants of any ripe and civilized community, might at once be simple and complete. The least reflection will suffice to show the futility of such a notion. There is no condition of mankind, but the most rude and barbarous, which does no: render necessary to its own existence a considerable intricacy of legislation. General principles can never provide for all the incidents and varieties of partictihr cases. Each fresh decision rests upon some novel circumstance which bestows a specific cha racter upon the issue under consideration. That decision becomes in effect a new law, applicable thereafter to cases like the first, but not appli cable to such as, bearing only a partial resein blance to it, contain further distinct and inde pendent features, and call for the introduction of some still more specific rules ; or, in other words, for a growing mass of precedents.— As the relations of men become more complex, and the modes of their collision more incalcu lable, it is obvious that remedies must mul j tiply with wrongs ; and, therefore, that the ptle of laws must keep pace with the advance ; ment of society. Thus it is that the oldest, wealthiest, and most cultivated nations, are those wherein what has been vulgarly termed the mis chief of voluminous laws is ever more conspicu ous. If the laws of such nations were not the most voluminous, redress of wrongs would be more impracticable for them than for any more barbarous people. .Unless, therefore, we prefer to be without the means of vindicating public or private rights-- , -that is to say,. to leave all our interests at the mercy of individual judges, hav ing no guide or counsellor but their own dis cretion, undirected by precedent, and valueless as a record for those who may succeed them—we must resign ourselves to the lesser inconve nience, of some prolixity, some redundancy, and perhaps an occasional obscurity of regulation, as the only means of escaping that far more cala mitous evil, an absolute defect of justice. Come to what determination we will upon this great question, generalize as we tray, codify as we may, the hope of arriving at simplicity through such expedients is a gross and childish delu sion. There seems to be a wish extending . Napoleon as something incomparably more perfect—and perfect on the side of bre vity and perspicuity—than the system of English law. We are far from denying the condition of strange and laborious per plexity into which some branches of the law of England have fallen, nor do we despair of seeing them experience, before long, many valuable improvements in matters both of prin ciple and proceeding : but '‘ a code" would be a flimsy sort of remedy. A code in practice is nothing more satisfactory or effective than an index. Under it each new case will still become what the nature of things, in spite of any form of words, requires that it should be,—viz. an espe cial modification of the general rule, and a pre cedent to be referred to and consulted when doubts shall arise thereafter. The following ex tract is from an able lecture by Mr. Byles, a barrister, which has just been published, and may help to dispel the illusion of those gentle men, who imagine that Napoleon has done any thing towards rendering the law of France a less complex or difficult science, as far as regards its practical use. What he really did accomplish was, the subjecting all the inhabitants of France to an equal and uniform application of it. The doctrines and decisions of French law are as yoluminous as those of the law of England, or more so, and the reference to cases of precedents Ira' common in their courts than in ours : " Do not imagine such anticipations to be the offspring of professional prejudice or timidity. Let us look at our neighbours, the French. The Code Napoleon was an inestimable benefit to them, be cause before it there existed a peculiar custom or law for every province in the kingdom. You changed laws in travelling es often as you changed horses. ' There are,' says Voltaire, f in France, more than forty distinct small populations who call themselves fellow countrymen, but who are, in reality, as much strangers to each other as Tonquin is to Cochin- China.' For these variegated, and often barbarous legal customs, the code substituted an uniform and enlightened system of jurisprudence-ssthe most mag nificent monument to the memory of the great roan whose name it bears. "But has it dimiuislied the volume and bulk of the French law ? Oh, no ; but increased it beyond measure. At first, it is said, it was imagined that a mar. bad nothing to do but to purchase the now code, and eur.s”lt this beautiful, brief, perspicuous work, like a dictionary, upon occasion. But it was found that millions of cases were unprovided for ; and that if they were to be decided on general prin ciples, oaa man's reason would incline him to this conclusion, another's to that. What was:to be done but to refer to the Roman law ?—that noble com mentary of the law of nature, forming the substratum of all the Jaws of continental Europe, and verifying, in a secondary sense, the prediction of the ancient Romans, touching tha eternity of their empire. The institutes, the pandects, the code, and the novels, are now ea much law in France as in the Roman empire in the reign of Justinian, besides the corn. mentaries, in numerous folio volumes, of Cujas, Hei peccius, Hofacker, Bynkershoek, Gothofred, Voet, Vinnius, Dornat, Pothier, and many Wigs. " In addition to all these, the former materials of French law are required at every step to explain the codes ; the Ordonnanea d Roi, the droit ancien, the droit intermediare ; not to mention the draft of the code, the works preparatory to the code, the observations of the Court of Appeal upon it when in progress, and the discussions on its enactment. Add to this the French Legislative Acts for the last twenty-five years, and a body of reports more voluminous than our common law, equity, and eccle siastical reports together for the same interval, and you will have some idea of the volume of the French law, greatly exceeding the volume of our own law, and in a more rapid state of accretion. " But lest I should be suspected of exaggeration, allow me to cite one of their own writers Since,' says he, the code has been promulgated, and these new tables of the law have been exposed to the view of the people, a thousand and a thousand un expected questions have presented themselves to the judges and the lawyers. A perpetual discussion has been kept up on every subject, on every article, and on every word ; ten thousand decisions have been pronounced, several hundreds of treatises and commentaries have been published. Numerous laws, decrees, decisions of the Council of State, have abrogated or interpreted the provisions of the new code. Jurisprudeace, doctrine, legislation, are all accumulating—are all multiplying in a ratio al ways increasing, and the science will soon become nothing but an inextricable labyrinth.' "—Tiuzes. stealing two shawls exposed for sale at a shop door, and sentenced to seven years' transporta tion, the Chairman observing, at the time, that it was more advisable to inflict that punishment upon him than to permit such an incorrigible offender to remain in the country. What fol lowed being the ground of the observations which we made, we repeat the circumstances here in the words of our Reporter :—" The culprit was then proceeding from the- bar, when he suddenly turned round, and, indignantly glancing at the Worthy Chairman, exclaimed, Well, then, I hope you may stick' there till I come back.— . The Court ordered the prisoner to be again placed at the dock, and the Chairman, addressing him, remarked that he would completely nullify Isis prediction by sentencing him to be trans ported beyond the seas for the term of his natu ral life." This alleged aggravation of punishment for a stupidly offensive expression to the Bench, naturally excited a good deal of public feeling; the circumstance of inflicting but seven years' transpor tation for the crime, and altering that sentence to transportation for life, as a punishment for the , contempt of Court, was thought an extraordi nary stretch of judicial authority. In some Journals it was animadverted on in strong terms; but an Evening Ministerial Paper undertook to defend it. We replied to the remarks in that Paper. We showed the erroneous view it had taken of the doctrine of punishment in the law of England, and at the same time expressed our conviction that, upon cool reflection, Mr. Const would regret lie had been betrayed into such a departure from principle by the excited feelings of the moment, whether he acted on his own impulse, or at the suggestion of any of his bro ther Magistrates. It is, therefore, with unfeigned pleasure we find, from the report of the Middle sex Sessions, which we give this day, and from other authority, that Mr. Const repudiates, as we hoped he would, the defence set up for him by the writer in the Courier, and also disavows having really intended to carry the sentence of transportation for life into effect. It appears, now, that the record of the original sentence of transportation for seven years was never altered ; arid we only regret that Mr. Const (lid not take an opportunity of letting this fact go forth to the world before, as it would have rendered our comment upon the subject unnecessary. Mr. Const, in his explanation, alluding to our article, says, " The observations are extremely just and proper ; I highly approve of them, and can ap preciate the good intentions of the writer—but they are founded upon a mistaken fact, arising out of an erroneous report of the trial." Here we must take the liberty of stating, that the re ports of the trial in other papers substantially agreed with our's. The great point is, the cir cumstance of a sentence of transportation for life being pronounced after the much lighter sentence having been recorded. Now, did this happen, or did it not ? Mr. Const himself admits it lid— for in his explanation he says, " on leaving the bar the prisoner made use of some disrespectful expression, and it was suggested by one of the Bends that ho should be called back, in order to make an impression on his companions, who had witnessed his hardened conduct. Ac cordingly he was replaced at the bar, and told that he should be transported for life, on ac count of his being so irreclaimably bad. This sentence, although formally passed in Court. was not intended to be carried into effect ; but was merely held out (by the suggestion of a brother Magistrate) in terrorens as an example, or to make an impression on the less culpable of the prisoner's companions, This feeling could not be mistaken by most persons in Court ; but stilt he did not attach any blame to the Reporter of the trial in question, who had inadvertently been the means of misleading the public as re garded the true feeling under which the sentence was nominally given." We agree with Mr. Const that blame was not to be attached to the Reporter, whose duty it was to report Acts, and not intentions. The worthy Chair man goes on to state that he immediately spoke to the Clerk of the Peace, and told him that the latter sentence was not to be recorded, and lie concludes with the following expres sions, which do him great credit both as a pub lic functionary and a man ;---•-•" I-feel a great gratification in giving this explanation of my public conduct, which, in common wi:h all per sons filling similar or more important judicial offices, is open to be canvassed by the public." It is from a person of the understanding and acquirements which Mr. Const is known to pos sess that we would expect this liberal sentiment respecting the exercise of the rational and legiti mate freedom of the Press. We think the worthy Chairman must have observed that, how ever anxious we showed ourselves to be for the preservation of the principles of British justice, it was with pain we directed the eyes of the public towards his judicial conduct with any thing like a feeling of disapprobation. It may bp a question whether it was right to pass the second sentence at all, seeing that there was no serious intention of carrying it into effect ; but there can be no qnestion that the proceed ing of the worthy Chairman was dictated by the purest motives, as we believe all his judicial acts to be—for, during the long time that he has filled the ardu ous situation which he now occupies, we do not recollect that his conduct ever became a subject of unpleasant animadversion before. Mr. Const is not a lawyer of technical and pe dantic mind ; he unites to a sound knowledge of his profession, and great natural acuteness, that knowledge of the world which is peculiarly useful in directing the exercise of those dis cretionary powers which belong to his judicial situation. His kindness of heart is also well known ; and that made any act of his, which was like a harsh or arbitrary experiment of power, the more worthy of observation. Sorry, indeed, should we be, if in the evening of life he did ally thing to impair that good and virtu ous reputation which long years of public service have earned for him. The adminsstration of jus tice is in any hands a difficult and delicate task ; he has so discharged the d2ties it impose s on him as to deserve hitherto, we hope he always will, the praise of impartial men, and the ho nourable estimation of his country.—Morning Herald. We have repeatedly called the attention of our readers to the ambitious policy pursued by Russia—leer determination to keep possession of the Ottoman empire, and her anxiety, when that grand object was accomplished, to wrest from us our Indian empire ; but the most im portant and attractive subject will wear out in linterest, and we accordingly dropped it, lest we At the Middlesex Sessions, yesterday, the should become as monotonous to our readers as Chairman, Mr. Const, took occasion to refer to our representations have been ineffective in pro the observations which we thought it our duty ducing a change of policy. Our attention, how to the public to make upon the case of the boy ever, has been again called to the subject, by the Harris, tried at the Westminster Sessions.— following article copied into the Austrian Ob- Our readers will recollect that the prisoner, who server from a Russian paper, which shews the was but 1J years of age, was found guilty of intentions of the Czar in a light which the most firm believers in Russian moderation cannot wel dispute . . _ Such a good understanding," says the Russian Paper, " has long prevailed between Russia and China, that the fottner Power took possession a few years ago of a country in Central Asia, as extensive as France and Holland together. This is the country inhabited by the King, his Kaissacks, and other Nomad tribes, who have been induced by skilful negotia tions to submit to Russia. Part of these Kirghis were formerly subject to China, which was probably glad to get rid of such turbulent subjects, and is not sorry to see them under Russia, which will be able to keep them in order. When aline of fortifications shall have been erected in this ccuntry, which is not every where a barren steppe, mili tary colonies will be established in it, iron works erected, and the cavalry that may be necessary furnished with ex cellent horses from Central Asia, to purchase which the English East India Company sent the late Mr. Moorcroft to Bokhara. It is likely that convenient roads will soon be made, and Kokand, Samarand, Bokhara, and several smaller Khantes, may perhaps soon be conquered. "The new Russian frontier is distant about twenty-eight French leagues from the English possessions in India." The first part of this article shows the mode in which Russia has been endeavouring to warp round our Indian possessions, and the last two lines the success which has attended her efforts. Her frontier, in one point, is now distant only twenty-eight leagues from our Indian empire; and by and by, we presume, we shall have her for a neighbour on every side ! That Mr. Pitt and Mr. Canning were fully alive to the designs of Russia, is amply proved by the whole of their policy—and had that policy been faithfully ad hered to, particularly that of Mr. Canning, the fleets of the Emperor of Russia had now been riding quietly in the harbour of Cronstadt, in stead of braving that of England in the Archi pelago, and demanding reasons from its Admiral for its increase. That policy, however, has of late been sadly changed, and fruitless negociatiota resorted to, where threats and recourse to arms would have better suited the circumstances of the times ; and what is the result ? That Russia not only holds in her grasp the whole of the Ottoman dominions, and affects to lord it with the mightiest power in Europe in the Mediter ranean ; but that she has actually possessed her self of territory within twenty-eight leagues of our Indian dominions ! Is the Company aware of this ? Has it not remonstrated with the pre sent Government on the danger of its policy ? Morning Advertiser. It would appear from the Stamford News of yesterday, that the High Sheriff of Lincolnshire has refused, after an application had been made to him by a respectable number of landowners, to call a county meeting, to take into considera tion the Malt and Beer Taxes, on the most un satisfactory grounds which we have ever known to be alleged in defence of such conduct— namely, the severe pressure under which all classes are now labouring—the whole state of the country being before his Majesty's Ministers, and better known to them than to individuals— and, finally, the propriety under these circum stances, of not ad ding to their embarrassment. All this is very disinterested, and very amiable, no doubt, on the part of the Sheriff of the county of Lincoln, Richard Thorold, Esquire— a hard sounding name, by the bye—but is it wise ? Is he consulting the interest of his bro ther landowners, or aiding the relief of the country from its present distress, by pursuing such a course ? We think not ; for were we to run over the " Statutes at Large" with him, we think he might fairly be defied to point out any taxes which have ever been imposed more truly injurious to the landed interest, or more inimical to the comfort of the community, than the malt and beer duties. They keep down, in the first instance, the consumption of malt liquors—the healthiest and best of all—by the community below its proper quantity ; in the second, the consumption of barley is lessened in consequence, and the land which is adapted for such tillage rendered thereby less valuable ; in the third, thousands are destitute of employment in the healthiest of all occupations—that of agriculture—and thrown upon the parish for subsistence, who would otherwise find abun dance of work ; and lastly, the revenue arising from the taxes is among the least valuable to, as it is also among the most expensive collected by, the Government. We state these facts briefly, in order that they may meet with due considera tion. The community is interested in the deci sion of the question, and we should be glad to see it bestir in it—but the landowners, assuredly, more than any other class; and notwithstanding the decision of the High Sheriff of Lincoln, we do not despair to see them making a question of it ill the ensuing Session.—lbid. MIDDLESEX SESSIONS. In the report of the Westminster Sessions last week, a case was given in which the Chairman, F. CoNsT, Esq., was stated, after having sentenced a young pickpocket, named Harris, to seven years' transportation, to have called him back, in conse quence of some insulting expressions which he had addressed to him, and altered the sentence of trans. portation for life. The affair having been made the subject of remark in various newspapers, and the legality of the course alleged to have been pursued questioned, the CHAIRMAN saw fit yesterday, iu the course of the proceedings at the Middlesex Sessions, to give the following contradiction, or rather expla nation, of the affair. . . The CHAIRMAN found, from looking over the different newspapers, that he had been undergoing correction therein for an act which he never did. It was said there that he. had changed a prisoner's sentence from transportation for seven years to trans portation for life, merely because the prisoner ad dressed some offensive expressions to him. That he never did do. They were well written articles which he had seen, but then they were founded on what WAS not the'fact. The circumstances of the case were these :—A boy of the name of Harris, a most incorrigible thief, just liberated from six months' confinement for a similar offence, was brought to the Westminster Sessions, with some other boys, to be tried for picking pockets. Thinking him a pro per character to be made an example of, he deter mined on trying him first, hoping that the sentence the other boys heard pronounced on him would make a beneficial impression on their minds. He was convicted of stealing four handkerchiefs, and he (the Chairman) then addressed him, and asked him why he changed his name so often, and other ques tions, to which he gave shrewd answers. After ad dressing some observations to him, he sentenced the boy to seven years' transportation. As he was being removed from the dock, he said something, but what it was he (the Chairman) did not know. In consequence, however, of something said to him by some gentlemen who were sitting with him on the Bench, lie ordered the boy to be brought back, and told him that the Court, on reconsideration, thought his a case which ought to be punished by transportation for life. But when he said this, he never meant to so sentence him. Every gentleman in Court knew what he meant, and that his object was to impress on the other boys the danger of the course t P h u ad ben done in that way. rstiirlg e and he had reason to lo o theym e were good Im mediately after p r onouncing the second sentence, lie s leaned over to Mr . Gyiby, the cleat of the peace, and told him to tak e no notice of it. This was all that occurred, and he must say he did regret having been run at in the manner he had been. Mr, BRODMCK saw the report in the newspapers, and he was astonished on reading it. He had known the Chairman often lessen the sentence, but never add to it. He considered immediately that there was some mistake. Mr. ALLEY said that any gentleman who knew the Chairman must have instantly been convinced that the report was not true. At the same time it was justice to the reporter to say he was not to blame,for the Chairman certainly did use the words, though not in the sense supposed by the reporter. LAW INTELLIGENCE. COURT OF CHANCERY, Disc. 4. SWEET AND OTHERS V. ♦RCHBOLD. Mr. PEPYS moved to dissolve the injunction which had been granted against the defendant, re straining him from publishing his Common Pleas Practice. In 1822, the defendant, whose King's Bench Practice had sold very successfully, entered into an agreement with the plaintiffs to prepare a se cond edition of that work, and one relating to the practice of the Court of Common Pleas, for 6501. Mr. Archbold did not complete his contract, and in 1827 an action was brought against him for the breach. That action was compromised by the de fendant giving a cognovit for securing the money, and which also contained a proviso that nothing therein should extend to permit the defendant to sell any copies of the proposed work on the Common Pleas until the money should be paid; but that upon such payment, all the parts of the work already.pre pared, and which were then in the plaintiff's pos session, should be delivered up to the defendant. The money was paid, the printed sheets delivered up, and the defendant had since completed the work. The plaintiffs, alleging that the work when so com pleted contained parts of the former work on the King's Bench, the copyright of which was theirs, filed a bill, on :which the injunction now appealed against was granted. Counsel contended that it ought to be dissolved, because there wait no piracy ; because, by the terms of the cognovit, the defend ant was at liberty to publish his new work as soon as he should have paid the money, which he had done; and because the application to the Court was made too late. The work which they now charged to be a piracy had been published is November, and the plaintiffs did not come to the Court to complain until March last. The Counsel, therefore, contended that there was no ground for the interference of a Court of Equity, but that the parties should be left to such remedy as they might have at law. A proposition was made for trying the question upon terms, in consequence of which Mr. Arch bold's solicitor was directed to go to Guildhall to nsult his client. Mr. Koa, in the mean time, proceeded on the same side with Mr. Pepys. The SOLICITOR-GENERAL supported the injunc tion, and insisted that the later work was in many respects a piracy of the former. _ The LORD CHANCELLOR expressed an opinion, that if the case were to be decided at law, the parties should agree upon the same terms on which it should be sent for trial. Some discussion ensued between the Counsel as to these terms, Mr. PEPYS offering to go to trial if the plaintiffs would admit their signature to the cognovit. Mr. SOLICITOR-GENERAL agreed to this, but insisted that the injunction should continue in the mean time, to prevent the sale of die work by the defendant ; and the Counsel differing as to this, the case proceeded. Mr. WRIGHT and Mr. ATKINSON were heard on the same side ; and Mr. PEPYS replied. The LORD CHANCELLOR seemed to be of opinion that the case must be tried at law, but a difficulty arising as to the costs, and security to be given by the defendant if the result should be against him, his Lordship said, he would say what he thought about both points in the morning. FELLOWES V. LORD GWYDYR. Mr. BLIGn applied for his Lordship's directions as to Lord Gwydyr's costs. The decree had given neither parties costs, but as Lord Gwydyr had been brought into Court by Mr. Page, he submitted that he ought ty h a v e hi s costs from hat gentleman. His LORDSHIP thought Lord Gwydyr was en titled to them. COURT OF KING'S BENCH, Dn. 4. WANLESS V. CAWTHORNE. This was an action by the assignee of Thomas George Martin, a bankrupt, on a bill of exchange for 1401., drawn by the bankrupt on, and accepted by, the defendant, William Cawthorne, jun. The only witness called to prove the case was the bank rupt, Martin. After evidence had been entered into at some length, the plaintiff's case broke down, and he was consequently nonsuited. LEVY V. HOPE, ESQ. This was an action against the late Sheriff of Surrey, for an alleged false return of nulla bona, to a writ of non omittas fieri facias, issued by the plaintiff, Lawrence Levy, against the effects of one Joel George Young, in November, 1828. The She riff, as defendant, was a mere nominal party, the de fence being made on the part of Benton, the officer, to whom the warrant had been directed, and through whose negligence it was alleged the plaintiff had lost the fruits of his execution. PALACE COURT, DEC. 4. WARD v. PAGE. This was an action brought by Mrs. Ward, a chandler's-shopkeeper, residing in Chesterfield-street, Marylebone, against Mr. Page, a hair-dresser, of Park-street, Grosvenor-square, for the recovery of 241., which delft was contracted by his wife, from whom he was separated. The defendant, as a set-off, pleaded adultery on the part of his wife, whose debts he did not feel himself bound to pay. • It appeared from the evidence, that Mrs. Page, on separating from her husband, took lodgings at the plaintiff's, at the rate of 14s. per week, which amounted, with money lent to her at various times, to 241., the sum claimed. Several witnesses were called, who fully proved an adulterous intercourse between defendant's wife, and a person named Knapp. The Jury, after the Chairman had summed up, returned a verdict for the defendant. The number of hands through which a com mon table knife passes in its formation is ivortky of being known to all who use them. The bar steel is heated in the forge by the maker, and he and the striker redice it in a few minutes into the shape of a knife. He then heats a bar of iron and welds it to the steel so as to form the tag of the blade which goes into the handle. All this is done with the simplest tools and contrivances. A few strokes of the hammer, in connection with some trifling moulds and measures attached to the anvil, perfect in two or three minutes the blade and its tang or shank. Two men, the maker and striker, produce about nine blades in a hour, or '7.1 dozen per day. The rough blade thus oro duced then passes through the hands of the filer, who files the blade into form by means of a pattern in hard steel. It then goes to the halters to be hafted in ivory, horn, &c. as may be required ; it next proceeds to the finisher, and is then packed for sale or exportation. In this progression every table-knife, pocket-knife, or pen-knife, passes step by step through no less than 16 hands, involving at least 144 separate stages of workmanship in the production of a single pen-knife. The prices vary from 2s. 6d. per dozen knives and forks, to 101. In the manufacture of a razor, it proceeds through a dozen hands; but it is after wards submitted to a process of grinding, by which the concavity is perfected, and the fine edge produced. They are made from Is. per dozen to 20s. per razor, in which last the handle is valued at 16s. 6d. Scissors, in like mnaner, are made by hand, and every pair• passes through sixteen or 17 hands, including 50 or 60 operations, before they are ready for sale. Common scissors are cast, and when rivetted, are sold as low as 4s. 6d. per• gross ! Small pocket knives, too, are cast, both in blades and handles, and sold at 6s. per gross, or a halfpenny each ! These low articles are exported in vast quantities in casks to all parts of the world. Snuffers and trays are also ar ticles of extensive production, and the latter• are orna mented with landscapes, etched by a Sheffield artist, on a resinous varnish, and finished by being dipped in diluted nitric acid for a few seconds or minutes...—Sir X. Phil lips's Personal Torn• (Account of Shitifield.) POLICE INTELLIGENCE. BOW-STREET. The large sum of money discovered in a bed 1.1 / , lodgin g -h ouse i n S t . Gil es ' s f oun d a claimer, tr Y terday in the person of Mr. Thomas Speen:ol4s gentleman of rather eccentric habits, who was sc" companied to the office by the owner of the lodr iag-house in which the money was found. Mr. Spearm an h a d no k now l e d ge w h atever oft bo manner in which he had lost his money, but be 011 P_; , posed it must h ave b een w h en h e was i n a s tate w intoxication. He made no inquiry respecting i t ' supposing that it had been irrecoverably lost. - serving, however, a report in a newspaper under the head of " Bow-street, he was induced to belie" that the money th ere d escr ib e d was t h e sa me tha he had lost. H e accor di ng l y went to t h e h o use o f the lodging-house keeper, to whom he gave a c) e t ; scription of the notes, which agreed exactly w' t those which that person had in his hand. Mr. HALLS asked Mr. Spearman the exact amount of the money he had lost. Mr. Spearman replied, that the sum amounted to 3201, On the morning of the day, when be tie / his loss, he dr e w 343/. f rom t h e b an ki ng -h o use f Messrs. Ransom and Co. _ : Mr. Spearman was about to hand 201. to Parker' as a reward for his finding the money, when it suggested that the persons who actually found the money were the servants of P ar k er , an d t h a t Ole! were entitled to at least a share of the reward. - An arrangement was finally mad e that the glai r of 201. should be divided equally between Parker and his two servants, which was effected in th e presence of Mr. Halls, who observed, that hence"! had a case before him exhibiting so gratifying proof of honesty in the parties by whose means th" money was found and restored to the lawfulowner. o w s e i t r i e g y o e i s ) t o e s r i d ir a e y sentangu language t o t 0 14 t LAMBETH-STREET. A number of prostitutes, aged from 18 to 25r . Correction, for behaving in a disorderly manner, an!' them into custody. The Magistrate (Mr. WALKER) said that these_ girls were quite a nuisance in the neighbourhood of the Cemmercial-road, their language and behaviou r . being so disgusting, that no respectable person coul d walk there after nightfall; and he expressed his in" tention, if they were ever brought before him sgai_,, ° ' to punish them more severely, as he was determine" to abate the nuisance. hdeawysatctohmtehne :hooustoe: UNION-HALL. Yesterday the Magistrates were engaged fora . considerable portion of the day in hearing e videnc e in support of informations instit u t e d aga i ns t no 1611° than 22 bakers or sellers of bread within the die, trier, for an alleged infraction of the 4th clause or the 3d of George IV. cap. 106, which requires bread to be sold by weight an d i n no ot h er manne r, unde r a penalty not exceeding 40s. In many of the cases the Magistrates impos e low penalty, and in no one did t h e sum exce ed s ' and costs. Mr. Harmer, on behalf of the parties summone d ' contended that the bread in question (which ce i r 4 . sisted of pen n y an d twopenny rolls ) was what i termed " fancy br ea d," an d b e i ng suc h , i t was 9° t, necessary to weigh it. The proviso i n th e c l ause i ns i ste d on i s ; toe!'. words,---" Provided always, that nothing l e ; fl t, act shall extend, or b e construe d to exten d, Pr ey — or hinder any baker or seller of bread, from O , bread usually sold under th e denomination of RO t he or fancy bread, or rolls, w i t h out we i g hing same." It had been proved in evidence that the fan c y bread was made of exactly the same dough as t he bread usually sold in on e p e n n y a nd two penai loaves, the only diffei vice bong that, in the forme r instance, it was what is called in the trade proved , e. left lying for a considerable period after kneaded before formed into the shape required. Mr. HONE delivered an opinion, in conformity with his brother Magistrates, believing that all bread , such as that produced by the informers against thde defendants, was, stri c tly s p ea ki ng , " h ouse h o ld," n. not " fancy" br ea d, an d t h ere f ore, t h e parties "1:: it without first weighing it, were very properlY „1: victed. Two cases were select e d, w i t h a v i ew, if, after mature consideration, that course s h ou ld b e deeme d advisable, to carry them to the Sessions in the shaP B of an appeal from the conviction. Mr. Harmer then advised those clients against whom evidence had been offered under the statute to:pay the penalties instanter. Mr. HONE in the event of an appeal from the eon' viction in the cases selected, knew that his friend , Mr. Allen, one of the county Magistrates, living at Dulwich, would be present, and that his interpre" tration of the Act was exactly the sante as his ow n (Mr. Hone's), and that of his brother Magistrate , Mr. Elyard. Some of the defendants here observed, that it was impossible to make penny and twopenny loaves of the exact weight which it would seem the law required, for either one would be deficient a stride or another more than weight, and how hard woul d it be on the party if they were to be subject t° penalties for that. Mr. Harmer would not urge any thing more afte r the decision of the Bench, because there was an or portunity of appealing to the Sessions; and if, ni l consideration, it was thought proper to pursue that course, due notice would be given. The passage leading to the office was also crowde d with persons int e r es t e d i n t h e quest i on : ne arly al the bakers and sellers of bread in the Borough we re ! present, so strong a f ee li ng h av i ng got Oros' amongst them that it was never contemplated by the Act above recited, that every penny and o w , penny loaf must be wei g h e d, w h et h er t h e se ller 01° for it or not. e in' Some of the " fancy br ea d" p ro d uce d by t -r t ,;„ 1 formers was found to b e d e fi c i ent i n weight, t''crd the quartern loaf as the stand ar d, I ounce , and °- twopenny loaf was nearly deficient five ounces. On the decision of the Bench being made known' many of the leading bakers and sellers of bread , who had heard the opinion of the Magistrates pro' nounced, retired to a tavern with a view, as o' Bs understood, of conning to some resolutions on th e subject. BIRTHS. On the Ist inst. at Hamtnerwood Lodge, Susea t he t lady of J. D. Magens, Esq. of a daughter. On the let inst. at Holbecks, near Hadleigh, Suffolk; " the lady of Lieutenant-Colonel Raper, of the Hon. Et° India Company's Service, of a son, still born. MARRIED. On the Qd inst. at St. Pancras, W. D. Rayment, Esq' of Bedford, to Mary Anne, sixth daughter of the late 0 ' M. Macaulay, Esq. of London. On the 3d inst. at St. John's, Westminster, M r * Wheatley to Mary Anne, youngest daughter of Mr. Than' Edwards, late of-Bradford, Wilts. On the 3d inst. at Shifnal, S. L. Lucena, of UPPe r Chaeotte-street, Fitzroy-square, to Susan, only surviving daughter of the late John Ki'e, Esq. of Shrewsbury' cocnty of Salop. On the 2d inst. at Thaydon Garnon, Essex, the Rev' G. Ainslie, D. D., Alaster of Pembroke College, Cambridg e / to Emily, second daughter of W. C. Marsb, Egg- °I. Park Hall, Essex. DIED. On the 4th inst. at Pownall-terrace, Kennington, in t i : e 23d year of her age, Mary Ann, the wife of Garrett Dil lon, Esq. In Whitehall-place, Frances Ilary Territt, younge st daughter of Sir A. Croke. (hi the 2d inst. at twelve at noon, Elizahetil wife of P. Simeon, Esq. of Fillongley, Warwickshire; and at five in the afternoon of the same day, P. Simeon, Dak' having survived his lady but five hours. On the 3d inst. at Enham-house, near Andover, Hint Anna Maria, relict of the late Walter Blunt, Esq. in "'- Slat year of her age. Mr. the I st es l i a n d pain , ful t n u s r t geo . at n ß o a gsf illness,thho tt, ipplac e . the 43d year of her o f aft, o la tlary Ann, wife 0 PRINTED AND PUBLISHED 11; MURDO YOUNG, A I MI ST= Ongct, 119, SIPIAND s 1 4 0111310 h •