The Sun. — London, England, 1852-11-30 00:00:00

THE SUN; LONDON, TUESDAY EVENING, N'OVEMBER 30, 1852. lanies as had been attributed to him, and_wa,s besides dead to all prudential reasons, yet he could not have acted alone ; he must have had confederates and co-conspirators. If they were so, his honour able friend, the member for Derby, and Mr. Hey worth, and the chairman of the committee, Mr. Moss, who was now, for the second time, filling the office of chief magistrate of the town, must all be considered as co-conspirators. He would not stop now to vindicate those hon. gentlemen—the character of his hon. friend the member for Derby spoke for itself. (Hear, hear.) In order to establish a plot and conspiracy, it was neces sary to include the whole body of agents and partisans of the conservative party. He would begin with Mr. Frail, and he would ask this question of those who asserted that there was a conspiracy—How came the letter to Mr. Frail to be in the hands of Morgan ? It was addressed to Frail and came into the hands of Morgan, and what was the natural supposition but that it was given by Frail to Morgan in order that he might show he had a right to go to Derby. He had heard it said that that letter was one which had been given by Frail to Flewker, and placed by Flewker in the hands of Morgan in order to the preparation of his scheme. Nothing, it appeared to him (Sir A. Cockburn), could be more improbable. But there were circumstances which set that question entirely at rest. (Hear, hear.) He had paid particular attention to what he was about to state, and he thought it was clear the letter must have been delivered to Morgan at Shrewsbury, and must have been given to him by Frail and not by Flewker. On the back of the letter was written, in pencil, in the same handwriting as the entries in the book containing a list of the electors which was found on Morgan, and which was proved to be in his handwriting, these few words—" Stafford, Lichfield, Burton-on-Trent, Derby." Now, those were the places at which a man travelling from Shrewsbury to Derby would have to change carriages. There was no direct communication between Shrewsbury and Derby, and a man who was a stranger to Derby, and going there for the first time from Shrewsbury, might be supposed to ask for information as to where he would have to change carriages, and go on different lines of railway, and nothing was more natural than that he should write such information on the back of the document which he took with him. And accordingly there was written, first Stafford, secondly, Lichfield, thirdly, Bur ton-on-Trent, and lastly Derby, the places which fol lowed each other in regular order on his route from Shrewsbury to Derby. If the letter had been delivered by Flewker to Morgan at Derby, he having once gone that route, would not have required such information ; and in the second place, even if he had, the names of the places would have occurred in the order in which a man would go from Derby to Shrewsbury. That was a fact which, though small, was significant to show that the letter must have been delivered to Morgan at Shrewsbury, and not at Derby ; and any other hypothesis was out of the question. Then if the letter was delivered by Frail to Morgan, the consequence was that it was impossible to conceive the concocting of any conspiracy by any one except Mr. Frail. Now, who was Mr. Frail ? He was a person with regard to whose electioneering character he (Sir A. Cockburn) had the worst opinion. He was, to use the language of the right honourable gentleman the Secretary-at-War, familiar with every agency and means which was put in motion when it was desired to work out a system of electioneering corrup tion—but there was nothing to make him (Sir A. Cock burn) say that he knew anything which could detract from Mr. Frail's fidelity to his party. No one knew better than the right honourable gentleman whether Mr. Frail was to be trusted in 1847 ; and all through, in the management of election petitions, and in the fresh elec tions consequent on the vacating of seats on petitions, he acted as the confidential agent of the right honoura ble gentleman, who at that time exercised the delicate and mysterious functions which he (Sir A. Cockburn) supposed were necessary to the management of the electioneering matters of his party. The right hon ourable gentleman said that Mr. Frail was a man implicitly to be trusted. Mr. Frail had been engaged for fifteen years as a conservative agent in election mat ters ; and every gentleman connected with Shrews bury and with that part of the country would bear witness to Mr. Frail's fidelity and zeal for. his party. (Hear, hear.) Had the right hon. gentleman the Chancellor of the Exchequer, who had represented Shrewsbury in one Parliament, been in his place on this occasion, he (Sir A. Cockburn) would have called him into, court as a witness to Mr. Frail's reliable cheracter. (Laughter.) But there were other gentlemen in the house to whom Mr. Frail was known ; and whatever might be thought of that person's morality in these mat ters, at least some of those who did know him would not for a moment call in question his character for zeal and fidelity to those whom he undertook to serve. (Hear, hear.) ,trpo4 what conceivable hypothesis, then, was it to be supposed that Mr. Frail would have given up this letter, if this letter really referred to a previous election ? Why did he - give the letter tO . Morgan at all ? He (Sir A. COckburn) thought that he could account for it. It happened that the contest going on at Shrews bury had taxed all the energies of Mr. Frail, and re ceiving the letter from the right hon. gentleman (Mr. Beresford) late, probably, at night, in the midst of confusion, and having no time to write a letter of his own to the parties at Derby, while it was of importance to get Morgan off at once, he very naturally put the right hon. gentleman's letter into Morgan's hands, say ing, "Take that, show th a t, a n d it w ill ma k e a ll r i g ht . " Well, then they came to Morgan ; and the next question was—was Morgan in the conspiracy ? Morgan, it was understood, was the confidential man of Mr. Frail. Mr. Frail, among his other duties, had to superintend the registration of Shrewsbury and of the county of Salop ; and Morgan was the man whom Frail employed to serve notices, Morgan being an estate agent and valuer (so we understood), and therefore being very useful to give evid ence for or against Mr. Frail's friends' claims when necessary. (Laughter.) Morgan was known in Shrewsbury to be devoted to Frail, and was it to be supposed that such a man would have lent himself, supposing Mr. Flewker had selected such a man, to an act of villany to his party ? But if the house were to believe all this, there was still a difficulty to overcome. No sooner did Morgan get to Derby than he was taken by the hand by the friends of Mr Horsfall, the candidate. He went to the Messrs. Cox. Would Messrs. Cox have betrayed their relative and their can didate ? If the letter had been, indeed, written in refer ence to some former election, it could only have been made use of by Morgan on some understanding with Messrs. Cox ; or, supposing those gentlemen not in the conspiracy, was it possible that Morgan could have de ceived them with an old letter of 1848 ? The next ques tion was as to Radford. It would not be doubted for a moment that Mr. Radford was the staunchest partisan of the Conservative party in Derby. The statement of the landlord, Taylor, was, that the moment Radford was madeaware of 4 Morgan's arrival in Derby, he went to the County Tavern and had an interview with Morgan. Well, then, was Radford in the cons pi racy ? In effect, therefore, th e house had to make up its mind, if it would entertain the idea of a conspiracy, that all these persons, Frail, Morgan, Messrs. Cox and Radford, were in the plot ? But there was another circumstance to be borne in mind. The stranger who was found guarding the door when the police were in search of Morgan was the man who came from Nottingham with Hibbert by the desire of Huish and Radford. But there was another test to be applied to this theory of a con spiracy —the experimentum crucia—and the inference ap peared to him to be conclusive. If all these people were in a conspiracy, what would have been the conduct of fhe responsible agents of Mr. Horsfall, when the facts were brought to light, and Morgan was taken before the magistrates ? If Morgan had been an impostor, they would have denounced him. But they came for ward, and threw the shield of protection over him. (Hear, hear.) Was not the conclusion obvious ? ' (Hear, hear.) When Morgan was brought before the magistrates, Mr. Forshawe, Mr. Ho rs f a ll' s solicitor and confidential agent, appeared with a Mr. Sale, another attorney, who had been acting as a subordinate agent. Nr. Forshawe was seen talking in a corner of the hall with Sale while the preliminary proceedings were going on before the magistrates ; and at the end of the con versation Sale rushed forward, and announced himself as Morgan's legal adviser, Morgan, in the first instance, not appearing to have any legal adviser whatever. When the magistrates intimated that they would remand the prisoner, Sale said, "I hope you will take bail : we are prepared with bail to any amount." Was that will speak to Colville, if he is in town, when I get there on Tuesday.—Believe me, yours truly, W. Beres ford.—Nov. 21." So the matter rested until Feb ruary, 1848, when the right honourable gentle man again wrote to Mr. Flewker. " Feb. 17. Dear Sir, —I am very glad to hear so good an account as you give of the prospect of success in the Derby petition. I shall be glad to give you any assistance in my power when the case comes on.—Yours truly, W. Beresford." Then came a most important letter, and to which he begged to call the particular attention of that house. The right hon. gentleman was not content with subscribing 1001., but he thought he might render as sistance with regard to the election petition by sending Mr. Frail to Derby, and on the 25th February he wrote the following letter. He (Sir A. Cockburn) read that letter to show that, as regarded election matters, Mr. Frail was a stranger to Derby till that time, and that appeared clearly from that letter. "Dear Sir,=l have an agent who is skilled in all election matters, and un derstands every manner of scheme with regard to pe titions. He will be in Derby next Monday, and will bring an introduction from me. You may trust hun most implicitly, and you will get some very useful hints probably from him respecting your petition.—Yours truly, William Beresford.-77, Pall-mall, February 25." It was clear that letter referred to a person who was a complete stranger in Derby to whom the right hon. gen tleman gave an introductio n , and for whose capacity and trustworthine ss h e was called on to vouch, and for which he did vouch. He wrote another letter on the same day, the 25th Feb., to Mr. Flewker, and which was brought to him two days after by Mr. Frail : "Dear Sir, the bearer, Mr. Frail, is the person I wrote to you about.—yours, truly, W. Beresford." This showed conclusively that up to the 25th of Feb., 1848, Mr. Frail was a total stranger in Derby, and had never intermeddled in any of its election matters. The next letter he would read would be for the purpose of showing the relative circumstances that existed between the borough of Derby and Mr. Frail. On the 3d of March the right hon. gentleman wrote to Mr. Flewker as follows : "Dear Sir, —I have endeavoured to see Mr. Colville, but I find he is in the country hunting, probably near Ather stone. I will speak to him whenever he comes up to town. I have seen Mr. Frail, who gives me a good account' of the case that can be made out against the sitting members. I have requested him to give you every assistance in his power, and attend to everything that the Derby party desire to be done. I shall be happy to assist you also when the committee sits." (What this meant he (Sir A. Cockburn) did not altogether know.) " The great matter to be looked to is to collect funds and to keep the case quiet till it is brought before the committee.— Yours, truly, W. Beresford.-77, Pall-Mall." The next letter he should read was one written by Mr. Frail, and was important, as showing the footing on which he stood with regard to the political and electioneering in terests of the borough of Derby, and it was written and dated from Carlisle. (Cheers and great laughter.) It appeared that an election was going on at that moment in the city of Carlisle. A petition had been presented against the hon. gentleman who had been returned at the general election of 1847, and the petition having proved successful in unseating them, there was a new election in order to fill the vacant seats. Mr. Frail ap peared to have been sent if not by the direction, but with the connivance of the right hon. gentleman to lend his assistance in the conduct of that election, and Mr. Frail wrote to Mr. Flewker to the effect, " That he had just received his letter, and that he would be in town on the following Wednesday, and that he had written to make the necessary arrangements for the lodgings of the wit nesses. If he could he was to get Andrews or Alex ander." (This meant two learned friends of his, eminent members of the parliamentary bar.) "If not get Byles." That meant his learned friend Serjeant Byles; one of the most distinguished advocates in Westminster Hall, but who would probably be better known to hon. gentlemen opposite as the author of a work entitled " Fallacies • of Free-trade." (Hear, hear, and laughter.) He was really very sorry that his learned friend should have stepped aside from his professional career to enter on matters of that kind, and should now be left high and dry with nobody to read his book, and no one, except, perhaps, such gentlemen as the hon. and gallant member for Lincoln, who would be ready to offer him any inducement to publish a second edition. (" Hear," and laughter.) But the most sig nificant part of that letter was, that although it was signed in the name of " Frail," above the signature was written the words, " Nixon, Ring's Arms, Carlisle ;" thus showing in what manner he was to be addressed at Carlisle ; and he added, "my best compliments to Hib bert, and remember that it is Thomson and not John son ;" thus showing that there had once been a mistake about a name. The next letter was from the right hon. gentlemanto Mr. Flewker, and was as follows :—" Dear Sir,--Mr. Frail has been out of town on very important business for four or five- days, and that is the reason why you . have not heard from hini. I do not think that he, has got your letter. I think he will be able to get to - Derby on Tuesday night or Wedn6day' morning, but not before. I have sent to speak to a gentleman from Derby, and will give him any direction I can that may be serviceable. I regret that Frail is out of town.— Yours truly, W. Beresford.—Saturday (1848)." That correspondence clearly established the purpose for which he (Sir A. Cockburn) had used it, namely, that Mr. Frail had nothing to do with Derby in 1847 ; nor until 1348 ; and that letter in question could have nothing to do with any election before that time, but that it was written subsequently to the election of 1848; and looking to the position which the right hon. gentleman and Mr. Frail had established in the borough, it was possible they had applied to him for a safe man, and that if he had sent Mr. Frail he would have been readily accepted as an agent. The petition in 1847 ended in the va cating of the seats of the sitting members, and there was to be a new election ; the writ was sus pended till the 24th August, and the new election took place on Friday and Saturday, the Ist and 2nd September. Did the letter in question apply to that election ? It certainly might, looking to the posi tion the parties to it held in the borough ; but in order to test that point, the proper way was to look at the letter itself, and see whether it applied to the circum stances of 1848 or to those of 1852. It should be ob served in the first place, that the letter was addressed to Mr. Frail, and directed him to send a safe man to Derby, on the assumption, that he was too much occu pied to leave " his own place." But how would it have been known to persons in London what his occu pations were ? Now, Mr. Frail was in no business at all. He was originally a hair dresser, but left that business some years ago, and had applied him self to two pursuits exclusively—horse-racing and elec tioneering. (" Hear, hear," and a laugh.) He was described in the letter as clerk of the course at Shrewsbury, and was anything going on in the way of horse-racin g and turf matters which would have con fined him to that place just then in 1848 ? Nothing of the kind. The Shrewsbury races took place in the spring and in November. Nor were there any races in the neighbourhood of Shrewsbury at that time. He would next ask whether there was any electioneering going on at that moment? None. The seats for that borough were both full, and no election was going on. But there was proof that Mr. Frail did go to Derby at that time and appeared at the races in a jockey costume, that he called on Mr. Flewker, and having taken an in terest in the unseating of the late members, asked if h e could be of any use in the next ele c ti on ; but he found that there was no money stirring. Whether it was that the honourable and learned gentleman the present member for Falmouth, who was then a candidate, had a great aversion for corruption, or whether it was that there being two conservative candidates ; only one of them having a chance, there was no spirit in the election—(hear, hear)—Mr. Frail was informed that there was no money going, and he withdrew, no doubt not w ith ou t grea t di ssa ti s action. (Hear, hear.) But he (Sir A. Cockburn) turned to the election of 1852. Was there anything to keep Mr. Frail at Shrewsbury then ? Yes ; there was a contested election going on there,' and besides, it required peculiar activity on his part, seeing that a contest had arisen at the last mo ment. The election at Shrewsbury took place on Tues day and Wednesday, while that at Derby did not take place until Wednesday and Thursday; while the contest at Shrewsbury did not arise until the previous Friday. There was great excitementand turmoil, and the exertions of Mr. Frail were necessarily confined to his own borough, and therefore the right hon. gentleman had a right to suppose that Mr. Frail could not leave. But that was not all. The writer of the letter directed that a man should be sent from Shrewsbury to Derby immediately on the receipt of the letter. The letter was written on the Monday, and on the Tuesday Morgan started from Shrewsbury. In 1848 the election at Derby took place on the Friday and Sa turday, and there was no necessity for such speed ; and, in fact, on that occasion Mr Frail himself did not appear in Derby until the Thursday, when the races com menced. It appeared to him (Sir A. Cockburn) there fore, that looking at all the circumstances, the letter applied to the election of 1852, and not to that of 1848. But the greatest difficulty was yet behind, for it was im possible that, if that letter had been written with refe rence to the election of 1848, it could have been made b ai lable for th e p urposes o f t h e e l ect i on of 1852, except Y the concoction of a villainous and abominable conspi ra,e. JJ e . h .n. a looked t o see if th ere was the remotest proof tend the nonspiracy, and whether all the proof did not conepi me 7 , ll er way. He would first ask if there was a told that alrwil? were the conspirators ? He might be wards his lewke r was capable of any hostility to a conspi r p arty, and was likely to have carried on such Mr. Flewker. but was not standing there to defend chose of him, was there any one thi n k th e wors t t h ey turpitude in a nian, not not a diff erence i n the degree of and that of a man who r i e i veal e d th e secre t s o f hi s party scheme of such fr au d and avidll:he au d ac i ty to concoct a Mr. Flewker was capable of -racy ; and, alth i c ! 802 But, assuming that one man could not make a oonspi one man might conceive such a scheme, it ree n i m i ) v su in e g i, _ Mr. Flewker many to carry it into effect. Ev the co-operation of credit for being capable of concoet en i n gl a what could be his motives ? What motiv u e a eo c ui onci iii) siraey, he wol for so acting against the right hon. gentl eman h _r e e right hon. gentleman had made him no pr om i s e and all that he had promi3ed him was th a t contribute 1001. to the expenses of the Derby petitio u n d and Mr. Flewker could have had no farther c l a i m, nor had he pretended to have the shadow of a Claim on him ? But, assuming that Mr. Flewker had any desire to injure his party, and had forgott en any gratitud e h e m i g h t h ave owe d to the right hon. gentle man, and w i s h e d to i n j ure hi m as a Minister of the Crow n , l ook at the number of persons he brought for ,/ ird to vouch for the transactions at Derby, with re ga 1,1 to Morgan and Frail, and having called on the light hon. gentleman for an explanation, wo uld he, an attorney, a cute and experienced, lay himself open to a d Aection which was inevitable ? Here was a man who wis irritated by the loss of his 7001., and yet he, en trusted Morgan with a sum of 3001. or 4001. with which he might have started off, and never given any accoun t of it, if h e was uncertain who he w as . B u t, assuming that Mr. Flewker Was capable of conceiving such vil- reconcileable with the idea that Morgan had been be. traying the conservative party ? (Ilea;:, hear.) Again, when Morgan was brought up a second time, succour ap peared from another quarter. Of course, when the discovery was made public, there was consternation in the minds of Frail and of his conservative friends in Shrewsbury and elsewhere ; and it did happen that two solicitors from Shrewsbury suddenly appeared in Derby. One of them was an intimate friend of Mr. Frail—Mr. Frail's son being, in fact, in that Solicitor's office ; and the other, the clerk of the peace at Shrewsbury, was also a friend of Mr. Frail. These persons_ busied, them selves in the affair of Mr. Morgan, and in the end they procured the bail for Morgan. Well, now, was it credible that there was a conspiracy to the detriment of Mr. Frail ? These (continued the hon. and learned gentleman) constitute the facts of the case ; and I have gone through them with a twofold purpose. In the first place, to justify myself, in order that it may appear to the house that I have not rashly or inconsiderately brought the matter before them ; and in the next place, to put the right hon. gentleman in possession of the whole case —(cheers)—both as to the facts and as to the argument. (Cheers.) Unquestionably, if he had been conducting this case as an advocate_ at nisi prius, he should have A• --.-- rested upon the prima facie case, waited for the answer of the party charged, and reserved for the reply the additional facts he had adduced, and the observations arising out of them. But he had thought that in a case like this such a mode of proceeding would not have been handsome, and, in consequence, he had brought the whole of the evidence in the most ample manner to the knowledge of the right hon. gentleman. (Cheers) Under these circumstances, what was the course which the house ought to pursue ? He apprehended that it was impossible to say that an inquiry should not be instituted ; and he was happy to know that in that opinion the right honourable gentleman himself con curred. (Hear.) He was bound to do the right honourable gentleman the justice to say, that from the very commencement, he had demanded an inquiry into this matter. (Hear, hear.) In his address to his con this stituents in July last, the right hon. gentleman had declared that he would insist on a complete inquiry into That was a manly in i " e°s P i'r aeY," and that if no one else asked for an g e l I straightforward l) h r? o p n o . qu ry, he mould' and himself s it to the house. (Hear.) he was glad that th a e nd ri . e g en gentleman ma declarationn approved .; a and the motion for • an inquiry. The hon. baronet (Sir J. Y. the Buller), w h evenin o had spoke n f or the right hon. gentleman other g, had also expressed himself favourable , to an inquiry, but he had at the same time hinted his doubts whether such an inquiry instituted by the house would not be prejudicial to the object of the committee who would try the Derby election petition, Re (Sir A.Cockburn) could not secs the justice of the objection ; he thought onthecontrarythat it wouldbe w r ht aathe; heywere an adv charged antag e to the defendants to know exactly with. (Hear , hear.) When a man, in a case like this, h a d to defend lls character and his seat, he (Sir A. Cockburn) spoke feelingly —it was very desirable to know the grounds upon which he would be attacked ; and he therefore did not anticipate that any practical in convenience could accrue from the house proceeding at once to investigate the circumstances which he had laid before them. (Hear, hear.) Even were it admitted that there would be some inconvenience, that inconvenience would be outweighed by the consideration brought before the house. (Hear.) Were this an ordinary case it might be left to the ordinary tribunal appointed by the house to deal with election matters. But a case which affected a right hon. gentleman, a member of the Government, and a Privy Councillor, did appear to him (Sir A. Cock burn) to assume a very important aspect, and into which it would not be beyond the province or beneath the dignity of the house itself to inquire into. (Hear, hear.) The form in which th a t i nqu i r y s h ou ld b e carried on he would leave entirely to the house ; and he should only move that a special committee should be appointed. The constitution of that committee-----the quarter from which it should be selected—that he would leave en tirely to the house, feeling confident that, whatever the number of the committee, and from whatever side of the house is was taken, an impartial and careful investiga tion would result satisfactorily. (Hear, hear.) In con clusion, the hon. and learned gentleman (who was fre quently, in consequence of speaking with his back to the reporter's gallery, very indistinctly heard), thanked the house for its attention, and expressed a hope that from a consideration of political morality, and in dealing to great offenders that justice which was insisted on to poor voters who were tempted into venality, the motion would meet with no opposition. The motion, as read by the SPEAKER was that a select committee be appointed, &c. Sir J. Y. BULLER said that the course which he had taken on a former evening in reference to this matter, would prepare the hon. and learned gentleman for the de claration on his part, that, having listened to the state ment of the hon. and learned gentleman, he had come to the conclusion that an inquiry was necessary; and he was, accordingly, ready to second the motion which had been made. (Hear, hear.) And, having thus accepted the motion, and not anticipating any opposition from other parties in the house, he might be excused expressing the hope that the case would now go to a committee unpreju diced by any debate of that house. (Hear, hear.) He, for his own part, would refrain from any comment on the statement of the hon. and learned gentleman, and he would sit down with saying, that in whatever way the committee was constituted the result of a fair and ample inquiry would be thoroughly satisfactory to the house and to the individuals at present implicated. (Hear, hear.) Mr. S. WORTLEY took the same view of the import ance of this case as the hon. and learned gentlemen, and if the house was of the unanimous opinion that this investi gation should be referred to a select committee it would be extremely unbecoming in him to offer any opposition ; but he was anxious, he confessed, with all proper consideration for the privileges of the house, of the importance of the case, and of the desirability of serving the ends of justice, that these proceedings proposed by the hon. and learned gentleman should not be taken without at least his protest against their being drawn into a precedent. This petition was presented at the very outset of the session, and at the very time when a Derby election petition was pending. Now, he believed, that for the last half century it had been the constant endeavour of that house to remove all matters connected with election petitions beyond the jurisdiction of the whole house. For that purpose the Grenville Act was introduced, and to improve that act again Sir Robert Peel introduced the existing act of parliament, the object of these measures having been to remove from the general consideration of the house, where party feeling was always supposed to prevail, all matters connected with elections, and to refer such matters to an impartial tribunal, which a select committee was presumed to be. This petition rested upon the asser tion that there was a general system of bribery carried on at Derby, and that was precisely the assertion which a select committee would have to inquire into—(hear, hear)—and if that system was found to have prevailed, then the election for Derby would be void. To guide the house in this matter there were several precedents, but there were none exactly similar to this case. There was one committee on which he (Mr. Wortley) had had the honour of presiding, the subject being the interference of a noble peer in an election for Stamford. Another com mittee had been appointed in 1835 or 1836, to inquire into the conduct of Mr. O'Connell and Mr. Raphael in an elec tion for the county of Carlow. An older case was that of a committee appointed in 1819 to inquire into the con duct of a member of that house, Mr. Quin, who had used his power as Lord-Lieutenant of the county of Limerick to influence voters. But in that case an election petition had been pending. An older case still, and a celebrated one, was that of a committee appointed in 1806 to inquire into an allegation of Mr. Sheridan having been accused of tampering with the witnesses before an election committee. On that occasion a committee was appointed, but it should be remarked that it was not appointed without great ob jections having been urged against it at the time; and the results of the course then taken ought to have great influ ence with the house now. On that occasion the late Lord Grey, then Lord Howick, and at that time a Minister of the Crown, said, "That since the passing of Grenville's Act, it had not been the practice to hear witnesses at the bar" (which was the preliminary) ; and he earnestly re commended the house to confine the examination to the question of tampering. The subsequent proceedings de monstrated how difficult it was to confine the exami nation in that way ; and another distinguished person, the last of the illustrious brothers, Thomas Grenville, also expressed at the time his anxiety that the house should strictly act upon the principle of Gren ville's Act. That, however, was not quite a parallel case, for in that case it would have been possible to par ticularise the subject of inquiry for the committee, to take only the charge of tampering with witnesses, and keep that separate from all the other questions involved in the election in question. But here that was impossible, be cause here the gravamen, except the personal part of the allegation, of the charge w as , th a t th ere had been a general system of bribery at Derby : upon that the hon. and learned gentlemen rested his whole case, and his whole object had been to show that in the organising and promoting of that system of bribery, the right hon, gentleman (Major Beres ford) was implicated. (Hear, hear.) If the committee now asked for should find the right hon. gentleman guilty of the offence imputed, they would establish the fact of bribery at the Derby election, and consequently the election would become void, and to all intents and purposes such a committee would be doing what the ordinary election committee would do. Whatever the result of the com mittee might be, the case on one side would be disclosed, and that was not desirable. The hon. and learned gentle man had said that the disclosure would be a benefit to the sitting member ; but the proceedings of that house ought not to be of a character either to benefit or to injure any party. There was another danger. In assenting to this motion they would be establishing a precedent of permit ting political parties to come with private petitions to that house, and to try their hand with their case before a select committee, where witnesses could not be examined on oath, but where they could be cross-examined, and where, per haps, in the result, the ends of justice would be defeated. (Hear.) He had brought these general considerations be fore the house as a matter of duty. If he received no support, he would submit to the decision of the house ; but he did think that those who were in the habit of tak ing the lead on either side of the house ought to be very cautious in establishing a precedent of this kind. (Hear, hear.) Mr. WALPOLE said if he thought that the privileges of the house would be at all intefered with, or that the e n h t o e the n( 3 . .his Walpol e ) power. motion gh s aheht o ttes f hi no cofEfitwdnohtueEthe independent would ealhonourable honourable the have av right given ourable ni..t rights of individual members would be at all intruded theluepaor learned d m b yo gentleman,s t a n opposition a ss goodness wl o c lua:bdal into (bt.3stobserve velrecollectsegentleman besides t that an tt proceedings rt h ato just sett a dht d ithenhegse r right dmb house leh u senotu house oe h t7i.lo a ts. ea e om t ila h ntne • enter tain any charges brought against any member, particularly against the members of the Government, if those charges were stated in a manner t o ma k e i t the duty of the house to inquire into them. For that reason he was assured that they were not violating any constitutional privilege in acceding to the appointment of a committee, assuming that a sufficient case had been made out. After the statement of the honourable and learned gentleman op posite, it would he impossible to deny that a case for enquiry had been made out, and if it could not be shown that there would be practical inconvenience, the commit tee ought to be granted ; and seeing that the right hon. gentleman, through his hon. friend, had himself courted the inquiry for personal vindication, to refuse the com. mittee would be in effect to refuse the right hon. gentle. man a privilege he was entitled to. (Hear, hear.) Further than that, he (Mr. Walpole) would not go. He did not wish to prejudge the case at all, and he would only m a k e this remark upon the statement of the hon. and learned gentleman, that perhaps the argumentative manner in which he (Sir A. Cockburn) had urged the latter part of his case, might be calculated in some degree to prejudice the inquiry. The only inconvenience which he (Mr. Wal pole) could apprehend from the appointment of a commit tee was as regarded the sethweetcht be remembered etinheheirnetderethstast th of ethreesswitt ting member ;but could not in any degree bind the ordinary committee to rate wh of omthteweo evils election petition wtiateiopnrwefoeulraclihe to select and to assent to the motion. (Cr ies of Hear, hear.") F ar greater inconvenience would result he fro ri mav refusing th e the in pointgelection o petition, honourable inquiry ; in the first place, o to t gentleman ght lion. petition committee he would have no mode of and in the interfering to defend his own rights. (Hear.) He would ge (li nt a l j e o m r an ß w er a e s s n f ? rd p ) art f y otor, he would suggest thatbe it left to the committee of selec tion. s o t enter matter, further a a t e a to l l t i h n e t o e o t n h e e t r ti c o e n t i o d n e o r a f t t i h o n e s e o a m tt mi e nd t e n e g , (Hear.) had fully answered gentleman J n . a ß ea tir en S tin SE g L to L twhaes appointment ofaeo ri in gh na t h itte ol ( 2 ); and thought the right hon. gentleman had taken a per othrieginriaghttn, h a o n n d . g th en a t t le h m e an os w r. it .w h a w lp h o o l m e) the objection had fectly constitutional view of the quostion. He (Lord J. he any Russell) h ar believed such a its thatwoulda b u ,g e a great e et o y el the v r if g h t t h er e hon. sh o . d td gen tleman (Mr. Wortley) to house, instituting an imme diate investigation into any allegation of a specific offence against a privy councillor. (Hear.) The suggestion of the right hon. gentleman (Mr. Walpole) as to what should be the construction of the committee was entitled to great weight with the house. Mr. HORSFALL asked for the indulgence of the house while he ventured to correct a misstatement of the hon. and -- learned gentleman which affected his (Mr. Horsfall's cha racter. The hon. and learned gentleman stated that he (Mr. Horsfall) was stopping with his worthy friend Mr. H. Co; as showing that he was a party to the transaction alluded to, because, as he said, he was one of the firm of Cox, Bro thers and Co. Now, he begged to say that Mr. Henry Cox was not a partner in the firm of Cox Brothers and Co. Another point to which tho hon. and learned gentleman alluded as being most conclusive, was the fact of his (Mr. Horsfall's) solicitor, Mr. Forshaw e , a tt en di ng b e f ore th e magistrates when this man Morgan was before them. He did attend, but not as the hon, and learned gentleman re- ~_ _. presented, to defend Morgan, but to see that nothing was altogether. Then they said they should not be necessary, maid or done that might be prejudicial to him (Mr. Horsfall.) and therefore in these two bills they withdrew the enact- These were two points on which he wished to set the hon. 'ment and restored the forms of action. The hon. and and learned gentleman right, and it was not his intention learned gentleman had and he thought- to his credit, gone to enter into the case, so speedily to come before a coin- , beyond the commissioners. tie was the more induced to mittee ; but he did venture to say this, and he believed that put this to the hon. and learned gentleman, because in those who knew him would give him credit in stating the another part of the bill he proposed that, with regard to lost fact, that highly as he valued the honour of a seat in that instruments there should be at law a perpetual injunction, house, he should consider it dearly bought if he obtained and an equitable defence to actions relating to personal it by participating directly or indirectly in such transac- estate. If the principle were good for this it was good for tions as those which were alleged to have taken place in a great deal more. W as it no t a mons t rous inequality in this election. this country to have one court that the said estate was in Sir C. WOOD remarked that the right hon. gentleman the mortgager, and another that it was in the mortgagee ; the Secretary of State had suggested that the committee one that said there was no right but in the trustee, and should be named by the committee of selection. It ap- another that said the right was in the cestui quo trust. peared to him there was another body by whom it would He hoped his hon. and learned friend might be induced to be far better that they should be selected, and that was the consider whether the bill could not be carried further. gentlemen appointed by the Speaker's warrant for the Then, again, there was no provision for verifying the repli general committee of elections, cation ; nor was it easy to perceive why though a party Mr. WALPOLE said he believed he used the wrong might introduce now matter without leave of the judge, yet word. He meant the general committee for elections, if he wished to traverse any old matter he must have that Sir C. WOOD was pleased to hear that the right hon. leave. He objected also to the proposed enactment by gentleman concurred in his suggestion. Probably the which the parties after having finished their pleadings, in number would not exceed that of an ordinary election corn- stead of proceeding to trial should be obliged to draw up mittee, namely, five, but it m i g ht b e we ll to f ollow the an abstract of the pleadings, and if they could not agree course taken in the Carlow case, namely, that one member upon them to apply to a judge. This was objectionable on representing the petitioner, and one representing the right the ground of expense, and would moreover be likely to hon. gentleman, should serve on the committee, not to lead the attorneys into mistakes. What confirmed him vote, but in order that the accusation on the one side, and most in this view was th e f ac t , t h at in the specimen of the the defence on the other, s h ou ld b e f a i r l y brought before pleadings given iu the appendix the framer of the bill had the attention of the committee, actually stated the issues wrongly. He hoped the hon. The ATTORNEY-GENERAL agreed with the right and learned gentleman would direct his attention to this hon. baronet that this committee should be selected by the matter, so as to place it on a more satisfactory footing. general committee for elections, and also that the number So with respect to judgment. Under the present system he had named was the m os t d es i ra bl e number, but he dif- there was a st r i c t t ec h n i cal judgment for every form of fered with him as to the d es i ra bilit y o f their following the action in common law, but if they abolished those forms, precedent of the Carlow case, that there should be a friend how was the judge to act ? (Hear, hear.) The hon gen chosen on each side to sit as assessors. He was quite sure that tleman concluded by expressing his general satisfaction if any such gentlemen were selected, they would act pre- with the bill. cates. cisely as the old nominees a c t e d, th ey wou ld b ecome advo- Sir A. COCKBURN, being still a mem b er o f t h e Com mon-law Commis s i on , w i s h e d t o say a few words on the Sir C. WOOD—They a re no t t o h ave votes. The ATTORNEY-GENERAL wou ld i nf i n i tely rather subject. He th oug ht it wou ld b e a great pity if the bill that they should have vo t es. H e di d not think there were not read a secon d ti me a t once ; and if these matters should be advocates on the one side or the other, and es- of detail were prematurely brought before the house, pecially in a case of this kind. He thought the committee instead of being left for consideration in committee. (Hoar.) should be left to exercise their own judgment, and that he ~ ar ) He quite concurred in what had just been said by there should not be advocates on the one side or the other to argue the question with them, the hon. and learned gentleman the member for Kidder- Sir A. COCKBURN said it was found in the adminis- minster, namely, that the bill was greatly in advance of the tration of justice that it was essential to have advocates, English Common Law Procedure Bill. (Hear, hear.) The and that they were a great safeguard to truth, and valuable abolition of the forms of action had been recommended by instruments in attaining truth ; and he trusted, therefore, the commissioners, but the proposal meeting with the clis that his hon. and learned friend would offer no obstacle in approval of certain great legal authorities, who had become ' this case. If the h on . and learned gentleman still objected a l arme d l es t th e commissioners should' be going to too to nominees, but would all ow eac h par t y to b e attended great lengths, they had been obliged to withdraw them by counsel, he did not want the nominees. He would to save the bill. (Hear, hear.) He very much re take the liberty of saying, in answer to an o b serva ti on b y gretted this ; and he trusted that the principle would his right hon. friend the Secretary of State, that this was be extended to England. (Hear, hear.) The commis not merely an accusation against the right hon. gentleman sioners had under consideration at that moment many (Major Beresford), but it was an accusation met by a very important questions that would form matter for counter accusation on his part, that it w as a scandalous their report, which would be before the house before conspiracy ; and therefore it was a matter that should be their next meeti ng . A mongst these was the question sifted. of the various instances in which the equitable juris- Mr. J. S. WORTLEY observed that he only hoped this diction of the Court of Chancery might be transferred to would not be drawn into a precedent, the courts of common law. For instance, there was dis- Sir J. Y. BULLER said his right hon. friend had left covery by the examination of parties to the suit. They his case in his hands, and he could have no objection to (the commissioners) would propose that the common law counsel. If it were his own case he would rather have courts should hav e th e power, b y no expensive procedure counsel. in equity, but by simply bringing up the parties and put- The ATTORNEY-GENERAL had not the slightest ob- ting them to the torture of cross-examination, to enable the jection to counsel appearing on either side, but he had the judge to strike out the pleas. So also those who had only greatest objection to members of the house acting as advo- an equitable right, or who h a d on l y an equitable defence to cafes. a suit, should have power to commence, or to plead to, an Mr. WALPOLE decidedly concurred ii the suggestion action at common law. (Hear, hear.) A ga i n , b y th e pre that there should be couns e l. H e th ought it very objet- sent rule Li common law court, though it could give da tionable, in a constitutional point of view, that members mages for a breach of a contract, had no power to order of the house should have the power to examine and not the a specific performance ; but he (Sir A. Cockburn) could power of voting, see no reason in the world why it should not be able to The motion was then put and agreed to, and an addition do both, and the commissioners proposed so to extend and was afterwards made to it that each party may appear by mould the order of mandamus as that it should effect this themselves or by counsel. most desirable improvement. (Hear, hear.) The commis- A resolution was likewise caraied that it be an instruc- sioners would likewise propose to do away with all those tion to the gentlemen to be nominated on the general tom- technicalities which were nothing more than mere obsolete mittee of elections to nominate the committee. forms. They would also suggest for consideration the COURTS OF COMMON LAW (IRELAND) BILL, question whether juries should still be required to be una- On the motion f or th e secon d rea di ng o f th i s bill, nimous in their d ec i s i ons ; an d what was even of greater importance, whether the judge should be left by consent, as Mr. FITZGERALD said he was most anxious to sup- in the county courts, to deal with the question of fact, in port an amendment of the law, and to assist his hon. and stead of compelling the parties in every case to have re learned friend to the utmost of his power in making this course to the more expensive and less satisfactory decision bill as perfect as possible ; but when he stated to the house of a jury. (Cheers.) He (Sir A. Cockburn) felt that one eason why the county courts had proved so successful was that the bill contained 276 clauses,. and that it had only r . . tne circumstance that if in the course of the trial anything been in his hands since that morning, he hoped the house should turn up, there being only one judge, he could close would excuse him if he were not perfectly acquainted with the books and order the parties to come before him again ; it. It appeared from the preamble that it was a bill "to whereas, in the superior courts, if anything occurred by simplify and amend the course of procedure as to the pro- surprise, the party had no remedy but to suffer a nonsuit and to get a new trial on the payment of costs. (Hear, hear.) These matters, which were all under consideration, cess, practice, pleadings, and evidence in the superior courts of common law and equity in Ireland, so as to make would be viewed in a liberal light, and with a desire the same less dilatory and expensive, and to prevent sub- to make the procedure in common law as nearly per stantial justice from being defeated by reason of the variety feet as possible. The fault of our present law was that of forms of action, and the unnecessary length of records, and it was imperfect and bad, stubborn, inflexible, and in to consolidate the provisions of several statutes and rules of capable of application to the wants oa the age ; and yet the court relating to such proceedings, and also to enable the Legislature, instead of mending it, had only abused the said superior courts of common law to give effect to certain lawyers. (Cheers.) If the law was inconsistent with legal rights and just defences without the expense and de- the wants of the times, the first thing to be done was to lay of a resort to a court of equity." He believed the make it better; and to effect that to which we were tend bill contained 144 sections taken from the Common Law ing, namely, to do away with all distinctions between Procedure Act of last session. Now he conceived there was law and equity. (Cheers.) He trusted that they had all nothing more prejudicial than ill-adjusted or hasty amend- started in this great and long-deferred work with a con ments of the law, leaving them in a state of uncertainty scientious desire to discharge their duty ; and he was proud whether what had been made law one session would con- to think that from one end of Westminster Hall to the tinue to be law for the next twelve months. During the other there was but one common feeling, namely, to lend vice-royalty of Earl De Grey a commission was issued for their best aid to this reform. (Cheers.) It was quite a the purpose of inquiring what should be the amendment in mistake to suppose that it would be against the interests of the law ; and their recommendations were embodied into the lawyers; for the present system, by preventing parties law in 1850 ; and it appeared strange, after so recent a from insisting upon their rights, was really as injurious to change that they were to have a fresh change in an act of the profession as to any other class of the community. 276 clauses. The commercial transactions of Ireland were (Cheers.) so interwoven with those of this country that it was unwise Mr. CROWDER gave his cordial support to the bill ; to have one law for one country and another for another. but he was astonished to find that the various improve- This act, however, made a strange alteration. It was well ments to which reference had been made had been intro known that choses in action wore not by common law as- (limed into this bill, whereas they had been omitted from signable. with the exception of bills of exchange. The the English act after the attention of the law officers of 208th section of this act made choses in action assignable, the Crown had been drawn to them. For instance, there but only in Ireland, and the consequence was that policies was payment of money into court. By the English bill of insurance, and contracts of that nature would be assign- money could not be paid into court in suits for assaults, able in Ireland, whereas they were not so in this country. for false imprisonment, for malicious arrests, for criminal Then in some respects this bill did not go far enough. It conversation, or for debauching the daughter or servant of dealt in some measure with an important security in Ire- the plaintiff, although the Solicitor-General expressed his land—the security by judgment. The law respecting that agreement. (Hear.) He (Mr. Crowder) hoped that these had been altered year after year, till at last it was difficult alterations would before long be again introduced to the to say what the law was, and he could appeal to his hon. consideration of the house, and that they would be incor and learned friend, whether, if he were asked to state what porated also with the English law. the law was on that subject, he would not reply with some hesitation ? Again, another portio n o f th e act were i on of the hon. and l earne d gen tl emen who had precededo- The ATTORNEY-GENERAL , i n reply to the observa fessed. to repeal a numb er o f acts of parliament, which were " said to be mentioned in schedule A, but on looking at the him, remarked that they must have forgotten the circum schedules he found a schedule B, but schedule A was want- stances under which the law officers had the charge of the ing. Then there were some points in which the bill was not half so extensive as it oug ht t o be. There was the English bill comm itt e d t o th em. It was utterly impos great question whethe r th e di s ti nc ti on of the courts of law Bible for them t o h ave ac t e d diff erently. The hon. and and equity should be allowed to exist. He did not profess learned gentlemen opposite seemed to have forgotten the to have formed his own opinion on it, but in this bill this impatience with which hon. members on that side of the question had been dealt with, and in some important par- house had listened to any proposal at all on the part of the titulars that distinction had been swept away. If the Government to introduce new measures. Every such at principle were good, why should they stop short and apply tempt was viewed as an en d eavour to prolong the session it only in this measure ?If th ey did no t t a k e grea t care what unnecessarily, and to disappoint th on at they they were about they wou ld h ave hi s h on. an d l earned formed of an early dissolution. (Hear,expectati that hear.) The bill friend coming forward with another bill twat session to came down at a very l a t e per i o d from the House of Lords, amend this. They stood in Ireland in advance of this and it was perfectly impossible to introduce any ame country in jurisprudence. They had amended the com mon ments, unless at the risk of losin g the bill fo r that sessionnd . law, they had county cour t s i n I re l an d l ong b e f ore the He (the Attorney-G enera l) was, therefore, not a free Imperial Parliament established them in this country, and agent in the matter ; and as for the present bill being in they had also made am en d men t s i n th e administration of advance of the English act, they must remember that a chancery many years before any step was taken in this dwarf on the shoulders of a giant could see farther than the country. He believed he was mistaken when he said his giant himself. (Laughter.) The Irish law reformers had hon. and learned friend was a protectionist in law ; he had an opportunity of seeing how far the English had thought he had rather become a free trader in law. He gone, and of considering how much further they might was not going to object, nor should he object, to its being go themselves. He (the hon. and learned gentleman) should stated in the preamble that this was " a wise, just, and await with much anxiety for the report of the Common beneficial measure." R e th oug ht , h owever , i n order that Law Commissioners, but it would be necessary to consider there might be time to consider the bill, that if it were now very carefully their suggestions (and more especially one of read a second time it should not go into committee till them), the nature of which had been intimated to them by after the recess. the hon. and learned gentleman (Sir A. Cockburn). The Mr. LOWE observed, that he was bound to say, as one house must not rush at once into all the reforms which had who had paid great attention to the subject of law reform, been proposed by ardent reformers, but must carefully that this was a measure very much in advance of that of weigh their propriety. As to the suggestions of the hon. last session. In the first place, it did away with the tech- gentlemen who had spoken, they were undoubtedly of great nical divisions of actions. In the next place, questions value ; but they were somewhat ill-timed. The question might be raised without the necessity of pleading. Then at present before them was the principle of the bill—its it introduced another valuable principle, that of assign- details had best be left for committee and he hod ment of chow an sin acti on ; and in many other respects he wou ld all come to the consid era ti on of ' the measurepe with the ay considered it a great advance of the bill of last session. desire to make it as good and practical a bill as possible, But just in proportion as it did honour to the hon. and and one that would furnish the same example to English learned gentleman was it a reflection on our sYstem of law reformers as the English bill had set to those of Ire legislation, as instanced in law reform. Last session they land. (Cheers.) dealt with the common law procedure of England. This Mr. COLLIER thought the bill one of the most compre year they dealt with the common law procedure of Ire- derisive that had ever been brought in by a lawyer ; and land, the principle in both being identical, and it was he thought that the hon. and learned gentleman (the not wise that on two subjects so identical there should Attorney-General) had taken aa erroneous view in sup emanate from that house two bills so different ; for, posing that any reflection had been intended on the conduct of the law officers. The great advantage of the bill was, vance of this country, with regard to her jurispru- that instead of attempting to patch up the present system Bence, still the two objects were identical. A conference of of technicalities, it had thrown it entirely aside, and emine n t persons had been lately sitting to bring the laws might be truly said to be in ad adopted an altogether new one. (Hear, hear.) He did not o al f t t h h o e ug th h re l e r k ela ir n kg d doraa into unison, think there was any rational distinction between law and raise up new diversities, and even its very improvements equity. Equity was in fact a mere excrescence, which had were, in a sense, rather a retrogression. Therefore he but this bill tended to thought the means oppose the second reading of th e bill, ma tter required some care, and though he grown up in consequence o f th e d e f ec t s o f the law. But would by it was another questio n w h e th er th e t wo could be fused no and united in one. There was not the slightest objection he would take the liberty of suggesting some matters in even to the permanent retention of the equity courts • but which it appeared to him the bill was worth consideration. what was objectionable was, to have two different t'ribu nals dealing with the same subject matter upon two differ learned gentleman addressed the house was on the desira- eat principles ; or to have two courts which had a partial bility of retaining Th e main and principal point on which the hon. and those forme of action which the hon. jurisdiction in the same kind of case. Different courts tion on the principle of division of labour. (Hear, hear.) b re y pl t i h e e d fi t f h th at eee th ti a e t zi w itasie and learned gentleman stated his intention to abolish. He might be retained to deal with different kinds of j 'sdic ibne Sir D. NORREYS recommended a still further exten cal forms of action were to be abolished, yet when it came sion of the County Court jurisdiction in Ireland, as one of t c h a e rle a d rgi ou n t ; th f a c t r though to the section itself, it stated that the technical forms the most obvious modes of effecting the desirable end of heretofore used n s o ta t te t d o " shall not be necessary ;" not that they making law cheap an d e ffi c i ent. He had made particular shall be abolished, leaving them in a middle state. They enquiries as to the wor ki ng o f the last extension, and he might be revi ve d . they ood, the ought to be found that it h a d been followed by the mos t b ene fi c i a l the 'w If were gey ere bad, they ought to be abolished. results. But if they went a little further they would see that not Mr. WHITESIDE said a few words expressive of his only were these forms of action not abolished but they re gratification at the manner in which the bill had been re mained as vital and integral a part of the law as they ever • ceive , and the valuable assis ancehe d ' t had had in drawing did. The sixth section stated that "the right to recover . it up trom various gentlem en o f great legal authority. He any debt or dams es or personal chattel, in respect of any matter of contract or of tort, or taking or d etention which rejoiced t o h ear th e i mprovements that had been suggested b might have b een heretofore the su bj ec t o f any act i on of by Sir A. C oc kb urn , an d h e h oped that due consideration debt, covenant, assumpsit, trespass, trespass on the case, wo uld be given to them. This bill was f oun d e d on th e practice of the County Courts and the Scotch Procedure troves, replevin, or detinue, shall and may be en- Bill. In Ireland there was not so much necessity for forced in an action to be called a personal action, Chancery by .. . reform, as a rapid process in use there, up and all actions of ejectment shall henceforth be com wards of 1,500 summonses had been disposed of in a very menced and prosecuted in the manner hereinafter pro short time. vided." Now, what did that mean ? Why, it meant that l if a question arose as to the j ur i s di c tion o f the courts of Mr. GEORGE o bj ec t e d t o th ere b e i ng one l aw for Eng- to,and and another for Irelan As the Common Law Pro commtheon only answ law in Ire erlandthe , or hon. as to and what learned gentl e this act appman lied cedars Commission was about to report shortly, he thought gave was that th e courts of common l a w wo u ld h ave juHs- it absurd to int ro d uce a bill specially for Ireland. H e h o p e d diction, a n d th at this act appl i e d t o ma tt ers which had that, when thei r sugges ti ons were ma t ure d , t h ey would be been sued f or i n t h ose differen t f orms of acti on w hi c h the made applicable to b o th th e I r i s h an d E ng li s h law. hon. and l earned gentleman now propose d t o a b olish. So Mr. PHILLIMORE expresse d hi s gratification at the that this ac t , i nstea provisions of the bill b e f ore th e h ouse. H e hoped that instead of relieving them from these forms of action, only proposed to perpetuate them, for the Irish this country would no t l ong a ll ow I reland to have the start of her in legal re f orm . H e was opposed to the un lawyer 100 years henc e would be just as much obliged to necessary multiplication of oaths in courts of law, and acquaint himself with all these forms of action, debt, therefore doubted the propriety of having pleas verified assumpsit, covenant, account, trespass , and so on, in order in this way. Believing the interests of the profession to to see the difference between the jurisdiction in law and be concerned in the i m p rovement of the law, he rejoiced equity, as at present. He qu i te agree d that these formse. in the efforts now ma ki ng f or th at purpose. of action w ere t o be abolished, if they were to take an Mr. NAPIER hop e d th a t th ere would be no jealousy vance in com mon law proceedings; but then it followed that as these for ms o f action constituted not only mere forms because Ireland was taki ng th e l ead in law reform. (Hearar.) , of pleadings, but the very basis of the common law Mr. BUTT pointedthe out w h a t h e conceived to be a procedure, of th e common l a w courts themselves, by printer's error in the copy o f th e bill, theomissi on o f a common law and equity was taken away without in sohedule of the repealed a c t s . tending it. It seemed to him, therefore , on the hon. Mr. WHITESIDE pro m i se d th at this should be sup • that if a law re- I / e ' (I' li and the bill was read a secon d time. and learned gen tl eman ' s a d m ission, former could make up to his mind go as far as this bill WEST INDIA COLONIES, Stc., LOANS &CT ' went, he ought t o make up hi s m i n d to go a grea t d eal AME NDMENT BILL. abolishbetween law and equity. This bill was then read a second time. farther, and. the distinction This was not merely a theory on his part, but it will be BANK NOTES BILL. remembered what took place as to the Common Law Bill This bill passed through committee. of last year. The commission recommended that forms of ENCUMBERED ESTATES COURT (IRELAND). action should be abolished, and then prepared their bill, Mr. MACARTNEY moved for certain returns connected and then they found that they were not merely getting rid with the working of this Court, which was agreed to. of these forms of actions, but of the common law procedure . The house adjourned at half-past nine o'clock. - • •-„ •• . , • * ' LAW INTELLIGENCE. PRIVY COUNCIL. SMITH, APPELLANT, V. DEIGHTON AND ANOTHER, RESPONDENTS, The arguments having concluded in this case, Sir Stephen Lushington delivered the judgment of the Council. He said the questiOn was what was the con struction of the statute regulating parish vestries with regard to public notice ? The object of the Legislature evidently was that notice should be given to the pa rishioners as to what was the special business to be dis posed of by the vestry. The Council were of opinion that in order to comply with this statute special pur poses should be stated in the notice required to be given. The notice in the present instance was to the follow ing effect :—" Notice is hereby given that a meet ing of the parishioners of the parish of St. Michael, in the town of Cambridge, will be held in the vestry-room of the said parish on the 23d day of January, 1851, to levy a rate for the purpose of defray ing the expenses incurred by the churchwardens in and about repairing and restoring the parish church, rendered necessary by reason of the late fire'— or otherwise to consider the expediency of borrowing the amount of such expenses on credit and security of the church rates of the said parish, pursuant to the statute of the 58th George 111. ; and in case it shall be considered expedient to borrow the amount of such expenses, to authorise the churchwardens to take the necessary mea sures for that purpose." It was difficult to entertain any doubt as to the meaning—the only meaning—of the words "for the purpose of defraying the expenses of repairing. and restoring the parish church, rendered necessary by reason of the late fire." It was to give notice that a rate was only to be made for the purpose of defraying the expenses " rendered necessary by the late fire." This notice, therefore, excluded any other matter which was not rendered necessary "by the late fire." It appeared to the Council that upon the whole the notice was insufficient, and that the statute regulating parish vestries had not been complied with. The cause would therefore be remitted to the court below ; the costs in the court below would be allowed ; but the appeal would be reversed without costs. Judgment accordingly. COURT OF COMMON PLEAS—Nov. 29. (Sittings at Nisi Prius.) PEACHY V. ROWLAND AND ANOTHER. The plaintiff, a grocer in Marlborough-road, Chelsea, sued the defendants, Messrs. Rowland and Evans, who Were builders at Islington, for damages done to himself, his horse, and cart, by an upset which occurred in the Fulham-road. The facts were, that the plaintiff, with his wife and two friends, were going home along the Fulham-road in a dog-cart, between 9 and 10 o'clock on Sunday even ing, the Ist of August. When they got opposite a place called Salem-buildings, they came upon a sewer which had been filled in, but the work had been done in such a manner that the earth projected about a foot above the level of the road. The consequence was that the cart upset, the plaintiff's great toe was broken, the cart and harness were much injured, and the horse was so hurt that ultimately it died of its injuries. As frequently happens in cases of this kind the great difficulty was to prove the liability of the defendants, and ultimately Mr. Evans, one of the defendants, was called, and he stated that the work had been done by sub-contractors over whom the defendants had no con trol. The jury therefore found a verdict for the defendants. COURT OF EXCHEQUER--Nov. 29. (Sittings at Nisi Prins.) THE ATTORNEY-GENERAL v. WILLIAM PRENTICE. This was an information filed by the Attorney-General to recover penalties from the defendant, for illegally un shipping a quantity of tobacco without payment of duty. It appeared that on the 2d of November, last year, a quantity of tobacco was landed from a vessel called the Neptune, of which a person called Best was the master, whilst she was lying in the river Orwell, in Suffolk, and about 200 bales were taken to the Trimley Marshes. A person named Farringdon, on board a vessel called the Gazelle, lying in the same river, assisted in the landing of the goods, and several persons, residing in the neigh bourhood, le n t th e i r carts f or the purpose. About 90 bales had been seized by the customs officers, but the remainder had eluded their vigilance. The Neptune had been condemned and sold. Several witnesses were called, some of whom were accomplices, and a clear case having been established against the defendant, the jury found a verdict for the Crown. The Attorney-General said he would take a verdict for a single value-1,9601. penalty. THE ATTORNEY-GENERA v. GEORGE ARCHER. This was a similar information for landing tobacco at the same place, in May of the present year, from a vessel called the Alert, which had been employed to bring about 80 bales of tobacco from a port in Flanders. There were similar informations against William Ham mond and James Briggs, for being concerned in the same transaction. The jury found verdicts for the Crown, and the Attor ney-General consented to take a single penalty of 7841. in each case. There were five other informations against persons concerned in the landing from the Neptune, which were undefended, and in all of which verdicts were given for the Crown, with heavy penalties. POLICE INTELLIGENCE. _ - MAR LBOROUGH - STREET. —Emanuel Nathan, coffee-house keeper, and Charles Williams, waiter, were brought before Mr. Hardwick, charged with having sold brandy without being ligensed, whereby they had in curred a penalty of 1001. The defendant Nathan is, or was,, the proprietor of the Waterloo Coffee-house, in Jermyn-street, and has several times been summoned to this court by the police for keeping open his house on Sunday morning, and allow ing men and women to congregate therein. A short time back he was summoned for selling brandy and water in tea-cups to the customers, but the case failed for want of proof that money had passed. On that occa sion Mr. Broughton, who heard the case, recommended the employment of police constables in plain clothes, as he considered that coffee-shops, if allowed to sell liquor in the way described as the custom of this house, would become public nuisances, because of the encouragement they would give to intemperance. Inspector Lester said he sent two constables in plain clothes into the defendant's on Sunday morning last. He followed soon afterwards, but his approach was seen by some one stationed outside of the house, who went in and gave notice. He got into the house, and found a great many persons on the ground-floor and first-floor. He found several glasses of brandy and water, and some brandy and water in a coffee-cup. He took them away, and had brought them into Court with him. He also took Nathan and the waiter to the station-house, and locked them up. Nathan at the station-house described himself as a betting-office keeper. Two constables . came forward and stated that they went to Waterloo Coffee-house, Jermyn-street, on Sun day morning, and on being admitted proceeded to the first-floor room, where there were about thirty men, and from fifteen to twenty women of loose character. Three persons who sat at the same table with them called the waiter, and told him to bring - Ulf three drops of brandy. The waiter went away, a) in a minute or two returned with a tray and thi coffee-cups filled with brandy and water. On bei. asked what was to pay the waiter, said 35., and ti money was given to him. At that moment a ring w. heard at the door, and immediately the glasses and cu] containing liquor were put out of sight, some und, the table, some under the dresses of the women. . communication was made to Nathan, who then cam, up to the constables and told them they must leave t mon; as it was a subscription-room. Force havi.,_ been used, the constabl es l e ft th e room, and were served with coffee in the room below. Nathan said he did not now keep the house. Inspector Lester said there was another name over the door, but Nathan was the rated occupant. Nathan said he knew nothing about the brandy an, water. The waiter admitted that he had served brandy an, water, but asserted that the persons themselves brough the liquor into the house with them, and that th( money paid was for supper and not liquor. Mr. Hardwick said as the penalty was very heavy he would consider the evidence and give his judgmeni on Friday next. SOUTHWARK.--The Rev. Mr. Armstrong, minister of one of the district churches of Bermondsey, applied for a summons on the behalf of a poor woman, against a Roman Catholic priest, for having assaulted her. Mr. Seeker, who presided on the occasion, inquired the nature of the alleged assault ? The rev. applicant said that the poor woman by whom he was accompanied, was the person on whose behalf he applied ; that she was from Ireland, an d t h at some time since he (applicant) baptized one of her children ; that she had become a convert to the Protestant faith, and that the person against whom she now complained was a Catholic priest, who, on hearing what had occurred with regard to the baptism of her child, called upon her, used language of a highly objectionable nature, and ultimately struck her ; and that it was for the assault under such circumstances that the present application was made. Mr. Seeker directed that the woman should be sworn, and this having been done, she then stated that the priest called at her lodgings and inquired if she had had a child baptized by the Rev. Mr. Armstrong ; and upon her replying in the affirmative, he got into a great passion, and said that both she and her offspring were sure to go to hell. She begged that he would leave the place if that was the benediction he predicted would befal them. He did not go, but lifting his umbrella, gave her several blows with it over the head and shoulders, and then quitted the place, expressingthat she was certain to go to the place he had before men tioned. Mr. Seeker inquired if any persons had witnessed the alleged assault ? The applicant having stated that there were two or three persons present at the time, the magistrate at once granted a summons against the person complained of. THAMES.—A very portly, red-faced gentleman, described in the police sheet as John Wilson, aged 40, of the Castle and Falcon Tavern, City, shipowner, was brought before Mr. Yardley, charged with being drunk and incapable of taking care of himself, at half-past 11 o'clock on Sunday night, in Lower Shadwell. Mr. Yardley-I-Wiiat have you to say to this, ?Ir. Wilson ?—Defendant—Well, I got a glass too much. It was vexation and the depression of the times caused me to do it, sir. Mr. 'Yardley—We are all congratulating ourselves la we have very prosperous times. You are a meter mariner, -- I presume, by your appearance. I . y c ? drunk you will lose your certificate.Defenda nt— Lfor worship, lam not a master mariner. I belong w agricultural interest. ship h Mr. Yardley—l see y ou are described as a Air t o You plo ug h th e ocean .—D e f en d an t—No ; I plug and my ship ploughs the ocean. i „,+ll Mr. Yardl e y —Th en you are ma king money A land and sea. The division of Friday night, I caused you to g e t d run k.—D e f en d an t--I was vejce thiMr.n. gs Yardley—l must fine you 58.—Defe n rg e hope you won't do that ; things in Northuraber i3ll very bad. Mr. Yardley—Oh, you come from Northunberildaff —Defendant--Yes, sir. We can't get the int eres the money lent—l can't really. a lo & Mr. Yardley—Besides being a shipowner an owner, you lend money on mor t g ge, ?—Defee° d e ed. Well, I do ; but I am i n very great di s t r ess in agricultural interest is very low, sir. ..; ti lto l Mr. Yardley—ls it rea ll y the cas e the ag'", c- p fliti" interest is in a state o f distress ? (A laugh.) e ant—Well, it is in great distress. Mr. Yardley—Ve r y we ll, th en ; I w ill fine . 119 / I Jor only, on account of the agricultural distress. laughter.) d f r oo The defendant put his hand in his pocket, an u . p ro from amongst a quan tit y o f h a lf- sover igns, 1131 ftiv ° pieces of tobac c o, and grains of wheat, picked ' 3l-t rtA shillings, paid th e fi ne , an d wa ddl e d ou t o f the ef l os , large and unwieldy monument of agricultural (1191: COUNTRY MARKETS. CHELMSFORD—Nov. 26. id O lt , / , ' Prices to-day we re as follow :—Wheat, white, 3:0 w to 54s Od, new 42s to 53s ; red, old 40s to 465, 12 e 17 g' ~,ntliv 41s ; barley, 26s t o 30 s ; c h eva li er, 28 s t o 33s ; otO! 21s to 27s ; malt, 55s to 56s ; chevalier, 55s to,,tV' t ' e 19s to 25s ; peas, partridge, 30s t o 35 s ; white, 01 1.1;,x boiling 37s to 40:3; dun, new, 29 s t o 34 s ; beano, , to 34s ; harrow ticks, 31s to 369; mazagan, 29s t° COAL MARE Prices of Coal per ton at ti s. d. Carr's Hartley 15 6 Chester Main 14 6 Wellington Hartley l4 9 Hasting's Hartley 15 6 Hedley's Hartley l4 6 Hartlepool West Hartley 15 6 Stewart's Hartley 14 3 Ravensworth W. Hartley 15 6 Tanfield Moor l4 9 Tanfield Moor Butes 14 6 West Wylam Trader 14 6 Wylam 15 3 Wall's End, &c. Winsor's Pontop... Gosforth Heaton Hedley Lawson Northumberland E Riddell Walker Jonaszsohn Killings Worth E. Eden Main... Belmont .ET—Nov. 29. h ll e e close e . f . ...... .. ......... .......... d. 1 6 Haswell ............. •••••":16 Lambton ............ •••115 Lumley .............. • -.116 Russell's Hetton.• • • • ••••• 1 6 ; Stewart's .............. 1 Whitwell . .......... • • ••''' 1 6 eassop ............... ••••• ' 6 Hartlepool ........... • • • • ":15 Heugh Hall ......... .•••' . 16 Kelloe .................. •••••:16 South Hartlepool ••••• Thornley .............. West Kelloe.. ..... ••• • • 1 6 , Adelaide Tees .. ..... ••" "ia l Ba.ekhouse ............. ••5 South Durham ....... Tees .................... • •••• •V Woodhouse Close .•• Fothergill's Aberildsvo Steam ............... W. E. Yorkshire .• • •••• •• fi Gwaen Cae Gurwen Nixon's Merthyr& C al ` ll 90 4 Cwm Garnaul .......... •''' Sold, 97. ..14 9 ..15 0 ..15 3 ..15 3 ..15 0 ..15 0 ..15 0 ..15 0 ..14 9 ..15 0 ..16 0 15 91 Ships at market, 18 RAILWAY SHARE MARKETS. LIVERPOOL, NOV. 29. STOCK EXCHANGE.—We h a v e h a d a goo d, stronfws 0: to-day, and a general advance on Saturday's ri ;g e , taken place, as will be seen by the following ( 1 11 1,00.; :h —Aberdeen, 17i ; Birkenhead, Lancashire, au„n Ao( lo o ,4, 6$ ; ditto (late Chester and Birkenhead), 22 ; 11 '6,0), 34/ ; Chester and Holyhead, 25i ; Eastern fe r t oo 13 a 13c. 1-16 ; East Lancashire, 20i ; Edinburgh' i ire and Dundee, 7B ; Great Northern, B, ; Lauelf o rtil e r ill Yorkshire, 88i ; ditto (fifth shares), 3d. ; Leeds (late Leeds and Thirsk), 18/ 11 ; London on ic ifi l l: Western, 1271 8 )c.; Manchester, Sheffield , coin, 33 ; Midland, 80$ 6 79ic 80h 79ie North British, 11 10 15-16 11; North . taffords l U . . 4 l South-Eastern and Dov er , 24i ; Y or k and Isr°' land, 32 ; Great Southern and Western, 52t. MANCHESTER, Nov. -- 29. b e is STOCK EXCHANGE.-We have had a ousy v o tev io being the account day, and prices in some co' s `.?/. 1 shade higher. Lond on an d N or th Westerns we r e SOr : 3/. better, the sale s b e i ng at 127,4 and 128. Mclianas, ti e s, Dovers, 24 11-16 ; Caledonian, 353 ; Eastern 13 n, A ; West Ridings, 2A d. • North British, I s t o ' r tJO i i, Blackrock, and Passage, 15A ; Leeds, 88; ; Leeds , to g. c i 18'.; • Cheshire Junction, 64 d. ; Edinburgh and ur v istf i l p 38 2 1 Fleetwoods, ; Lake Bathurst, d. ; 0, Bank, 71 p. ; East Lancashire, 20-A ; Blackburn , o e fie ditto Preference, 26 ; North Stafford, n 4 1 ; 33 ; York and North Midland, 34. so le BIRMINGHAM, Nov. 29. 0 0 i 1 0 STOCK EXCHANGE.—Thi s mar k e t was veil ofeo to-day, and prices a d vance d. M anc h ester and -pile, c were done at 33; and Bi rm i ng h am an d Stour 10 1 i• LEEDS, Nov. 29. ft etiv e g e STOCK EXCHANGE.—Th ere h as b een a very - OD hi , ket on Change this morning. Prices generally ;,„ v e - he r. rise, though the transactions this morning .":„" ec say' i r chiefly on speculation for the account middle of ofi e v In Leeds Northerns the transactions were nume, l9- o 'o ing at 18, and closing at 181. Midlands were (li r e 1 ,; close at 80i ; E as t Lancalires at 20i ; Lana os. '34; Yorkshire Fifth s a t n dis. ; North Westerns at "" South Eastern an d Dovers at 243 ; c a i e doeian s York and N or th Midl an d s at 31i ; Leeds Northr 15/' sions, No. 3, i s . 6d. pm. ; N orth Western pre'' 3d. ; Nouveau Monde, 21. SEABORNE MAILS. [N signifies that the mails are sent from the Genera l by the night—and M by the morning —dispatch.] 14% ri rn cit;a i lleI t! ii'taljvnEePriEl'e.a: fit, a.m. 8111314 A: LO IC N 9TI CE ,I)co sT • Qua t and _e oft ces c.7"Etge, for Londe 30 , coram, l'ilit Z iOT (ltx et IS tit& * l l b e L 001, held a on tir'„ Alai 65 . , o Meetin g riaon consiral 14, - ;: r n Loan atio n etZtrt ranafel I,r , Aoq D::, 13 0c1 orde,'sers TO the Dl ro g_ ntl recta. eri "4 al'l' ' ' a r ' a tg ta'hezett 3 Tlot e : t e tl)e ate r iarmirea thisi tq i () E l 04, c, hat Ttie a e A' -411 0 m (1 0 . I. e l°l ' p„ iark ( B ~Phe er eJer ,r ack veprg,rare , 401,- Stow. 4 )4 1 , 1 "Qer mlU;,,, e * I)lB,„—„spring pe r Bee t "Vor SPerlin7, 14 R and ( D , Jones '' .444 Pr Dr' st,,iiia,pl ' 2 1 ' 114, 1 Iv .„111' 1)41311c by"sit s, s , • Iltrid is Lei P •L 1411 I NZ D ''a ' of n eXt t ..4rariess. Ar, r , tar e „.. 4 al to.;:sitti,4ll ice! 11. ad 'I 1 4 ' ten, Daywhen made up From what 40 0 2 ter. COUNTRIES. in General Post- Port tern Office, London. distatched• ..,....!,4 ...... --- ~—___ ----- - 0" te m America (byßrit.pack.N Dec. 4 .......... Liverpool • , 0 and America (by United Ste. tree packet) ........ ..N STov. 30 .. ........ Liverpool •• • Der.. o i ng America (by U. States 0 0 packet .... :... •• ..N••••••• • • • • • • • • • Southampton 0 the Australia (via South. P ec. vas ampton ......... M nth of each month SouthaMP•° Deo• 1 i r - -7..," Ditto (zia Marseilles) N 24th o f tho month Dover .. • • 30 *Ditto (via Cape of Good Q 0"• 4 ler Hope .........N 2nd of Dec em b er.. Plymouth " pee' 0 A Africa (West Coast) .. N 23rd of the month. Plymouth • ' 1.10; 4 ' me Alexandria* ........ N 19th&30 th of mon. Dover .. •• • ' Da1,16 '" , Belgium ~,..• '' pee' pi i Brazil .............. 34 9th of the month.. SouthamPw„- Dec' i ng Bu enor A yres ........M 9th of the month.. gouthamPt°' pee' 0 ed California .......... AI 2d & 17th of month Southampt on Nos' 0 (Cape of Good Hope ..N 14thof the month.. Plymouth • • sof•os Cape de Verds ......N 1 4thof the month.. Plymouth " sof' t t , Constantinople ......N 7 thl7th27thof mo . Dover • • • :,',.; ite c •llo s er Central America ....lid 2nd & 17th of mon. SouthamPw„ - TO T 1 Channel Isles ........N Mon• Wed.& Friday Southampt on pee. o p. ad France .. ••• • • • Chi1i........ • • 31 'l & 17th of • • • • • . M & N Twice daily ...... Dover ...• " 5.7 • t...., month , outbanni t°ll 1 . 10 0 , Greeee* ..........N 7 th l 7th27thofmon. Dover •• • • .1 .105 ,1:1P' ad Hamburgh ...... .. —l , l Tuesday & Friday London •• • " sal , ' 1 6,,, ht Horand .. ..... .....M Wednesday & Sat London ••• ~ p 64 ,,,0 1 " , Honduras .......... ti , 17th of the month . SouthamPt ° ' To'wo , he Ireland ... .M & N Twice daily ...... Holyhea d : V, V 64 .1 f India (viaSoutha mpt.)M 2nth of the month.. SouthamPO Dee* India (via Marseilles) N Bth& 24th of month Dover ••• • •• 36 ' , r: India (via Cap e o f G oo d prof' 0 it H0pe)........... —3l 14th of the month. Plymouth •• ' sof' Mauritius ........N 14th of the month.. Plymouth ••' 0 Mediterranean (via r ec. i I . Southampton.... _AI 20th of the month., •lonthamPt ° Dec' 1 D;t:,o (via Marseilles).N Bth& 24th ofmonth Dover • • ..;,; Dec' 16 d Mexico ............31 2nd of the month. SouthamlNA Dec' a Madeira ............M 9th&23d o f the mon. Southampt on 0 Mane.. .. .. 7 th, 1 7th,19th,27th, 1• 101. 9 - I &30th of the month Dover • • • • " pec" 3 i Naples* . .. Papal States*........N ithlsth2sthofmon. Dover • • .: ',' De e ' i i Peninsula ..........114 I th l 7th 2 7 th ofmon. AoutharuP'% De e ' 9 _ a Peru ..... .. ,• Tuscany* ..........N sthlsth2sthormon, Dover • • •:,.:n Do e ' 3 West Indies .. . . m2d & 17th of month . iouthaulPw Van Diemen' s Land(see l , til e Australia .......... r „, ~. are ''''il it" * The mails for Australia via the Cape of Good . 01 de ul e g A re r ; on the second of every alternate month. Those n , u 'v•Arsel 4 yo 1' 20th and 24th of each month via Southampton and ' 00 0_ sent by sailing vessels at present from Si nga pore, b ut f r 00 0 00 they will be sent in steamers. alternate A % 01 ) t Mails are also made up on the 2d of every bO _ A y ' the Cape of Good Hope.—The mails which ought to the 14th will not be dispatched before the 25th. ~... Cotaf e r - .. 0 * The mails to those countries thus marked (C) •••'" 01 l'" French packet to Marseilles ..,,Hle UP ' l° ' WEST COAST OF AFRICA. —The mails will not be A... - 4th of next month. . . • BIRTHS. i OF A SON. On the 28th inst., at Belle Vuo-house, }rotting- wife of C. H. Barnes, Esq. evr i° pr ill OF A DAUGHTER. O ie n st the 28th inst., at Upper Clapthntile Wife 0. k • ' ma n, Esq, Cato ' MARRIED, s hire, to .. On tho 24th inst +at Wollaton, Nottinhan2ilfantent ' ' , ~ G. T. Wade, 13th (Prince Albrt's) Light,. -.-,. pa - vii .. i Caroline Louis Henrietta, eidest (laughter of -v fr. .. Esq., of Tulloch Castle, N.B. 1: /0 after a y boil . DEATHS. feW j e llYt On the 29th inst., deeply lamente d, ~.. vit z ro 0 , of illness, at the house of hls father-in-law, Mr i . ,, es t s hire r u 7 octo ~., in Piccadilly, Captain John Paley,Green orks homeea the urn"-A, J. G. Paley, Esq., of Oatlands, Y -•on+ ... 1 1 ' "" j eib to M ° town 3 0 1851, cruelly murdered on his _.,-. F. 1, , 41., . Between Ballarat and Buninyong, way of the -Key. ' Lateward, Esq., eldest son _ British chaPZ' s ot rector of Perivale, Middlesex, d deee aSed 1 rl Of discovered re ' d rh t e ill re th m e ai A n u s su of s t t h f e oll u o nf wi o . a rt n ri g un: ate • 0 5 1* by MITRE ° Y 10' 1 ei London : Printed and Published . „ 4.1 ~,c e, ~.., Savo/ b ... , 4 at The , Y Y . " t h e 0010JA I Strand, n l d l , 2, in St t r h an e d F , liiiddlesex, Tuesday, November WI 1 4 Precinct of the _ _ _ .. i ' , AM '. i,s to zes ; peas, partridge, 30s to 35s ; white, o'i i ,V boiling 37s to 40:3; dun, new, 29s to 34s ; beast 3 , 20. i tli ta ---s i t , 27,5 : to 34s ; harrow ticks, 31s to 369 ; mazagan, 29s ''" :1; Caw COLCHESTER—Nov. 27. 4 isto' ) ' s Prices to-day were as follow :—Wheat, white , - be ll red, 36s to 45s ; barley, 28s to 34s ; oats, 17s to 21 1 5,; ;id' The T mazagan, 303 to 32s ; middle and small, 34s to .36 kr 4 11 be N white, 40s to 42s ; grey, 30s to 325. / o'o The 1 c 4 m " t. p n Pta in , r Pa ed 1 0 41. The `p i The following is the official statement of the e l,b B po• ti , ''''''s - mina: of corn, &c., received in the port of London from ' A to in Essex, from the 22d to the 27th November_ z :, 18 ~ I. R. inclusive :- 4 , .....,.....„... 5 li 'u3 'A 11114; 4! 1 4 Ca m 0 - /;1 P sear s. I Colchester ...- I `O Harwich - 96 1 Leigh 6 14 1 / li Maldon 486 250 246 14 V 2 L. 9 ----' l'i i , „, M AI N riarm, s °I. b.f r a ' l 1 wil KIRKALDY—Nov. 27. letn:snt not the :It The following are the quotations for grain :--- 130 1 1'i Wheat. Barley. Oats. I 0 t o etp t "14 A 4 tlaes. First eatio t i° 0 ,1 17" Of " Secood m t he Third 39s Od 24s 6d 17s Od I ' ,NO Z 4ll , 16 'l' - 'i Oatmeal, per bag of 2801bs imperial, 28s Od to v" , ok eis ' ' fist li . of the , 11 •10 I odi 1 I 3 ease 41) \r'47 11\ ' th .(lop t °se releiy~9 i» ' War rel') or s ' 41 or Annooei tria rk :r s, res ~*h ich s betai'l4% )) flit 8 : f c cAtionYt..o.l