The Sun. — London, England, 1852-05-28 00:00:00

stl county he represented, for the poor-law rating was so "qit! and unaatistactery, that they had found it ne ceesary to have some systematic and uniform s a - " I n in troiu a s e ese They had therefore adopted the system of szru-land rating, and although the Hon. Baonot, the wember for Londonderry, hod said that it was attended f tth much expense, yet he believed that the cesspayers :II" themselves greatly relieved by it, and it gape d them every satisfaction. He would further re the House that t Committee of Honourable Zithers sat LT . this a qu a estion, cud that Committee re coal mended a just and uniform system of valuation all over h e! , re ea lana, to be taken under the co,guizance of some p l o t e - i lnle cffiser, and not under the authority of the e re -.. + L e s w Guardians. The present measure was there bea• L": 1 carrying out of that report, and he therefore Sir 8 , , te pporten it. int ir u. NORREYS said the Hon. Member had forgot .0 •state, that in 1846 a Bill was introduced and passed cow 1113irittee, eqaence of the recommendation of that Com and which had proved a complete failure, The eailseecittbrneaatire was an attempt to remedy the evils en of th e Y that measure, but as it was changed the whole ress upon sYtein of va!uation in Ireland, he would imp _ irltheseoble Lord, the Secretary for Ireland, the pr e o w s e k tY of ikot proceeding with it this session, as butf of rt Xembere could be present to join in the discussion Pe ;,• li e 0 mentioned that the average Scale of pric of y a j i rleg to be takeu by the measure for the purposca f 4 , 4 ,, t a ie n,, , Was too low. pr cord 'NAAS explained that the scale of agricultural Pr et:, was taken f rom t h e return of the prices of such klt (4 - -e at 40 mar k ets for the l ast th ree years, which _re 8i f V. e n tvera ge p r i c e s o ' 6,000 markets. averervu nnniNHAM NORREYS maintained that the se,"ge prices taken were below what these returns , err a ed, ,, 4 nd, as a proof that they were by far too low, -n nlh the ffi r who took the scale of valuation le - ,i cee ill 184 6, had stated, ee that his scale was 25 per cent. ,;sew the average prices, but the scale of prices now KPri ..., _ 5 M " .,,, , a 25 per cent. below his. 6 . • AAPIER said that the measure had been intro duced last session of Parliament by the late Government, i , trete the late period of the session at which it was 13`reduced, it was found necessary to postpone it. b a d the progress that Bill made, some obje c ti ons fr ‘ ti n been made to it, and the great object had boon in T h nling the present measure to obviate those objections. all e nhjecti - ins which .had now been raised did not at sk affec t the principle of the measure, and he thought, hwt.erefore, that the better time for arguing them would ha ve been when the measure went into Committee.— pc: ar, hear.) The first objection was, as to the ex• se. Now, the great portion of that expense was ~ember in consequence of appeals, while the greater ;,, e ,ber of those appeals were not followed out. In Tip rsrY, the expenses of appeals amounted to about 20. Ve seres but out of 533 appeals lodged there for the th'reelxiber sessions, only 12 were persisted in, and only t ia :e trifling alterations were made. These appeals th e in g been made, the valuation had to be assessed, so p eal all all the expense of that was thrown away by the ap ee-; s not being persisted in. That expense was, how % t r t get rid of by the present Bill, which was founded 11.4`10 principle of a uniform valuation for the whole of Res under the tenement system, taken so far as lands 44 eobeerned, on a scale of agricultural prices, averag tre P t ° 1 4 years to 14 years. That he conceived . to b . e to teat system that could be adopted; and, while in ortrnittee, the Government would bs ready to listen to tZettggestions. He hoped the House would now con iito tne Bill being read a second time. hile e r , ; B * C RAWFORD said that this was the best tl i , e "" 0 11 Bill ever introduced to that house, and if f Is Q e e w ere objection s in detail, they could be disposed o Oat i t ; One of the advantages of this Bill was, 4 st it' we 'e ke nt upon one uniform principle. He begged to ) ere 44 4 holx, that it was still the intention of the Go t, ages to bring in a Bill to settle the question of re i l oi g u es in reference to agricultural prices. tee s i d Ilel R4 WDON supported the amendment, as he 1 4 , 1 , ra et'ed the Period at which the Bill was brought Deland as nut belies, b an opportune one. Members for h:ere likely soon to leave for Ireland, and this ers'4e he tho ught 5 it would not be fair to those Hon. Mr, vvitsie proceed with this Bill in their absence. 11l Month ITE „p IT SIDE said that the House was asked in 4 a e eme era may to abdicate its functions, because Hon. for Irel for Ireland were about to leave this country the ea], a ". The Bill was good and sensible—under it an acretation of land would be made at three farthiogs v a l id _,. whereas the valuation cost 4d. an acre. No i ti e nlection had been urged against the Bill. it e° GROG AN supported the Bill, and suggested that 6: 1 41 . be quickly got through at a morning sitting. 110 118 Ptitin JONES objected to morning sittings ot the et , el at which he thought a great deal of bad Legis- Ze 4 " t etk Place. He suggested that the Bill should be S ir e t Sel ect Committee. tfist 4 * YOUNG was favourable to the Bill, and sug erd: . 1 ,,, 1 1 at it s h ou ld b e persevere d i n . k ta m i V: SCULLY objected to hasty legislation in re -4.10%.° the question involved in the measure before the Peet, '' He contended that this Bill had a political as tee4 and he believed it would have the effect, if its de e oter"feereTetarried out, of disfranchising thousands of ° hi m i; ne objected to fixing the rate ot valuation upon ce oe , er average than was warranted by the facts of the r ite D ' i ll d, he contended the valuation under the poor knot; : le 'Ple was not a just one. There was, howev er, it b e ~1t t he Bill, an d h e should, therefore, sugges t . at kadeteferred to a S e l ect Comm i ttee, i n order to i ts b eing tZrefiennaplete measure. to r N AA.S was glad to hear that there was, in fact, II eal objection - the - • of ete les ~,, on to principle the Bill before the posi t , te 41 the arguments of his two Hon. Friends op thee she re to have effect, it would amount to this, that ir ere " til d net ay-oral:pet was s ha n v o e t uniform legislation in the I Z el ,,* - t(llear ) 1. a led ed to the details of a e eeleb es urel and if it could be pledged that the clauses .tittih' e sidvantageonsly amended, he should not object. eible,etotheeaught it right to say that he intended, if pos- Aft er e few words from Mr. CLEMENTS, ouse divided For the secondrweandeinngthere..t.ippea:7ll-89 A gainst it .•• 6 Ma'ority .... •.• ••• on the order of he " AMENDMENT BILL. day for reading this Bill a second a :ter t 'e m ore , - "°cet ---- 4 ' 41 suggested that it should be referred to sur e : Committee. terf,',4_,e prerogative Amongst other results of the mea lon - ; a ul . By e th of the Crown would . be much in e 17th section certain offic t ia e l per t:: 1'2,8 4 :7 0 7,., w ere_ .ic t s o te b e . lip p o i n ted commissioners f for h e p o u na. li gt e t_ e see ne 7 B o3 _l o l _ ring the law; The duty of these r t o w w uld be to appoint an examiner or exami reterre hour evcry applicatien for a patent should be li tte see m • He wished to know was it wise that such an litsltteilvkpower should be' referred to any subjecano LW, h oe "at 1 118 position? He objected, also to the "ittle. s.a a use it would transfer from the Courts of Scot- Nei, lad Ireland also -,to Westminster Hall, all pro -14°48 Itt iaing out of letters patent. The Bill further ta teritil ed to extend, by a series of payments, the law of be the to' the three kingdoms, as well as the Channel "e ti l e ' but omitted the colonies. On ell these grounds Of the I li ght it would- be better to def er th e cons id era ti on k r .: -oin to th e text session. ' presmtWAXLEY said that great evils resulted from the esltlterot; system and, therefore, there oug ht to b e an 43 111 t , s 'cul in the law. Ha was in f avour o f sending the eo ek :'4 Sel ect Committee, ,and having practical men Nee tied . --(gear, hear.) The class of witnesses exa as tett before the. Committee of the Lords was not such to h ise ti ld give the m ost va l ua bl e i n f ormat i on . I t seeme d eel lta !I. that the p atent laws should be assimilated,to the th,, me of copyright. It should make no matter who essr a man impressed the image of his mind on iron, ;p ro d, paper ; in either. e ase, his invent i on s h ou ld b e ?tected. In France, Belgium, and the United States, te ,an could secure protection for less than 10/.; why 7,lgd not the same ba the case in this country ?—(Hear.) t o e lr. BROTHERTON thought that sending this Bill 11c)4 Select Committee would have the effect oB4 .l )Kit to another session. lien had been of dassure by Bill influential constituents that they approved of the tk .., aud he, therefore, was prepared to support the se d ". k -Ading.—(Hear.) should say that his view did not at tilf r * j. STUART l an;b err eepond with that of the Hon. Memb er for Fins et : (Ddr. Wakley), in assimilating this Lew with that kfi e lYright. The subject, however, bad not been totae n tly investigated. He w as n ot prepared to abro tea-'t tkhe Patent law of finis country; and it struck him ~trebl ue tween the present state of the law and the ex •toi„-1 remedy pointed out by the Hon. Member for flight there - many intermediate points which Inetit well were ed. He (Mr. Stuart) particu ;ly objeeted he t the considered. 27th r clause of the Bill, the effect discoveries lich „.would u be to annul all rewards for Friend _ _ tzar. Bede'ole. 'le - l d his \ Imp ore of Right Hon. . wit this Bill in the pro,. itee t 1 110 t Implored press through ----k be as fruitful , °t , se - n e e a e ie n• If he did, the result might case of wills, eeiehanxtuee as the amended law in the e nd in Congo atlerie W as 'also hurried through with, a land were in the• la a dt.lcof which the c leverest lawyers wills. He ther 1414114' construction of will • ... i t , (lo re h as regarded the . d would not resist tleir lf b.. °Peel his Right Hon. Friend , Atr, " 5e 7 ,..,t , Select Committee. Should 'Know . , NLEy i ht the House 8 Uat tili said, it was i l . g ti I the sum© Bill as was rep - se oe t e rib 8 was substana. y last session. It meee the" Louses of Parliament in the Lords, *here careful considerationof the House of T h a gr eat d l ast year. v, a 13di th en eel of evidence had been taken 3, ___, • en „ 'te again peal down to the House of Commons, aw' the sent h ack he should say, if is s session had 1 to the Lords; and, 'tug to ' 4 ted er, instead ot th e I deal thewith'- a few days long . ' would be th e of the l a. Measure just now, 1 , of 810 27th clause the -- Wear.) With the exception ov ,_ Gentle 0 of the Bill a I T was not a single clause or pr I s tb 41411 had ga ' llst whichthe H. and Learned on. e ti urged an 404 on. and L e On the contrary, objection. bu t S e With a , i Learned Gentleman had amused the *hat • ( mg disa • wills, tie e ,,, --, wills a n d d issertation on the subject of °'d " 4 4 both Patents had to do with each other, sit e rsho s e, fee sabjects happened to stand upon the tile tt 10,8 to night,to en he (Mr. Henley) was utterly. trem,: ti ° ll ourabf naprohend.--(llear hear.) Certainly thon - " . b erth 0 Gentleman bad dwelt at much lio - a u ku the Upon the e,nestion of the law of 'wills % 114 - * - (110 6 mesas, ® more immediately before the s , re ed, , ar, hear.) So far as the 27th clause waa c0n .114-i. neveever, he was perfectlyready to admit that N t h Lefet•en ce t _ 3 Pre t be that thi s t-st difficulty. It a matter of the grea e ,t 141 ,13er seam. k Is clause was not framed in tbe d m a o n e d p ri ‘ int o e V i flt tut to whether it could be amende d th ved of its LuPreVad shay ', or whether it should be e t elle *ere retrospective effect, and made prospective, °llll4t clneatiOns rather for the House to consider in kt ip 1 tee. sae was quite lhqestie n i nt " - C" was quite ready to teke any . reasonable d e Ill ltierat eod c onsideration ; at the same tinaeit should kslt wi th . 31 that the snbjeet was one which must be tiltllher for l ..- I ! ° Ple Way or other. (Hear.) The 1. 1 .9ni v e t ill ___ medueleurgh (Mr. Cowan) had stated that alp i t , 74 all invasion of Cowan) Queen's prerogative; ii l a r etaieT event of the Commissioners appointed by ti t 4 °I th e doing certain things, it would be an inva gl,3.,A) ii , Queen's p rerogative. That, to him (Mr. ' ll invever o did sot appear to be a very logical mode of proving his case. The Hon. Member seemed to think it hard that Scotland and IreWel should be de prived of the privilege of settling their or quarrels in their own courts. Now if that were so—if there were a pretence for saying that anything of the sort was intended—he (Ur. Henley) would readily agree with him. But the mein principle of the Bill—and he was sure the House would agree with him that it was a sound one—was, that England ; Scot land, and Ireland being a united kingdom, if there were a patent law in existence, it ought to operate through out the kingdom.—(Hear, hear.) That was a main principle of the Bill; but whether the. machinery for carrying it out was the best and simplest that could he devised, and not capable of improvement, he should be very sorry to say. If improvements were requisite the Com mittee would be at liberty to make them. With regard to the Commissioners—it being conceded that it was do sirable to have one patent law for the whole of the United Kingdom—of course a machinery must be set up which would be common to the three countries. There, then, was the necessity for the Commission, which would be composed of the Master of the Rolls. one of her Majesty's judges, and the law officers of this Crown in England, in Scotland, and in Ireland. And as to the reference to be made to the Commis sioner, if a Scotchman wanted a patent in Scotland, be • would refer to the Commissioners in that part 'of the United Kingdom; and so with an Irishman, be would refer to the Commissioners in Ireland. On the other hand, if either thought peeper, he could take out a patent in London. Another point, which might be open to consideration, and in respect of . Ithich the Bill might perhaps be amended in Committee, concerned the extension of the patent law to the colonies; and if in Committee it should be considered that the preroga tive of the Croren was not sufficiently saved by the Bill as it stood, he was inclined to think it might be amended by introducing a clause for that express purpose. — (Hear.) Most persons desired, that the measure should he made as simple as possible, a nd that was his (Mr. Henley's) desire, and the desire of her Majesty's Go vernment. It was their great object to simpihy the law, to save exeense, and if possible also to save parties from future litigation. With regard to the difference said to exist between patent right and copyright, he confessed he saw but little. He believed a man could only sus tain the latter by proving his works to be original, and could only sustain the former by proving them to be a novelty; so that in these particulars he thought they were very nearly analogous. Oh, but it was sometimes said, you give a man a copyright, and he sets his views forth for the advantage of the world. True, he did set them forth for the advantage of the world, and then he set his own price upon them at the same time.—(Hear, hear.) And it was just the same thing with patent right. He could not, therefore, see much distinction between the two. — (Hear, hear.) Yet many persons of great practical knowledge had contended that there was a distinction, and that the system of patents ought to be done away with altogether. He was not of that opinion, ,and he hoped, therefore, the House would agree to the second reading of the Bill.—(Hear, hear.) - One word with re gard to the expense, which was, after all, a most ma terial question. He believed that a patent for the three kingdoms could not at present be taken out for a less sum in fees and stamps—independently of the expense of employing a patent agent—than 2501. or 2604 By the Bill before the House it was proposed that it should be obtained at a cost of 251., and that of itself was an enormous boon. Then if, at the expiration of three years it should be found that the invention was so useful as to make it desirable to extend the period of the pa tent, it could be renewed upon a further payment being made. He feared that by the reduction of the patent fees to so low a point a considerable loss might, he did not say would, accrue to the Treasury. .[Mr. WARLEY—It will be a gain to the public.] But of course if parties were to have a privilege they ought to pay for it.— (Hear, hear.) Still he did not say it was certain the loss would arise. That depended entirely upon the cir cumstaece whether cr not the number of patents in creased in consequence of the comparative cheapness of obtaining them. As to the question put to him by the Hon. Member for Edinburgh, he had throughout ex pressed his readiness and his wish to send the Bill to a Select Committee, and he 'hoped the House would con sent to its second reading, in order that in a Select Com-. mitten' those amendments might be introduced which were found to be necessary. Mr. CARTER took objections to certain portions of the Bill, and observed, that whatever might be the loss it would entail upon the Exchequer, he the not believe it would be so great as the Right Hon. Gentleman appre hended; for, according to the schedule of fees, the total amount of the cost for the first period of the patent would amount to 149/. I Is., a sum which, in his opinion, was immensely toe high. Mr. MUNI' Z denied that this Bill was the same as the measure of last year, and e nschoectornuscitdeed. If red t h w e as co a n s s b en ad ted a Bill as could possibly be to its second reading, it should bo upon the assurance that the examiner should not have power to decide upon the value and utility of an invention. Frequently Seven years elapsed before the utility of a patter, was ascert tained; in his own cafe, it took that period to convince the 'allelic that his invention was a good one. Where, then, was the use of the examiner? A more important point even than that was the clause which rendered every pattern invalid which had been used abroad. Why, no patent could be maintained under such a clause as that; for they had only to bring over a vagabond from the other side of the water, who would swear to anything, to swear to that. With respect to the fees for patents, the Government had power to reduce them without legisla tion, and he would advise them to do so, and let the Bill stand over for future consideration. After a few words from Mr. GREENE and Mr. WILLIAMS Mr. R. PALMER questioned the propriety of their pressing to its final stage at the present moment, when little time remained for a full discussion of the subject, a measure whidh introduced new machinery and new principles into the patent law of the kingdom. It com prised two distinct classes of clauses, to the immediate passing of one of which into law, if embodied in a mea sure by themselves, ho had no objection. This class of clauses referred to the reduction of f ees a nd th e t me provement of legal proceedings relative to patents. But the other clauses of the Bill ought not to be proceeded with now, or at least they ought to know whether .the Government on their own responsibility gave their ap proval to the measure. It was prepared by a Noble, Lord in another place, who declared himself unfavour able to the maintenance of the patent laws, and hoped for their ultimate abolition, and he (Mr. R. Palmer) could trace the tendency , of that Noble Lord's mind in that respect in the Bill. They ought to know, then, whether the Government on their responsibility gave their assent to a measure of that kind, the effect of which would bo to undermine the patent laws of the kingdom. There were two principles in volved in the Bill which would have this effect— . one was that which did away with the power of the Crown in the colonies to grant patents there; the other related to foreign patents and to English patents in foreign countries. One of the clauses embodying this latter principle declared that the use of a patent abroad would be as fatal to a patent here as if it had been used in this country. Under that clause it would be impossi ble for a patentee to establish his right in a court of justice, such would bo the difficulties of obtaining the requisite evidence from all countries of. the world. A second clause, that when a foreign patent relating to the same invention as an English patent shall have expired, the English shall expire at the same time; and a third clause provided that patented articles which might not be used in English ships, might be made in foreign ships in British waters; thus giving an undue advantage to foreign over British shipping. Besides, the preliminary investigation proposed by the Bill, before granting a patent, would require a large staff of officers, and expose the patentee to two suits to establish his right, one before the examiner, the other before the Attorney-General. and then the decision would not be final. He objected also to the provisions relating to the publication of plans, specifications, and drawings, as being inefficient. En tertaining these objections to the measure, ho should, if, there were a division, vote against its second reading. Mr. eiTALPOLE said, if his Hon. and Learned Friend had been present when his ,Right Hon. Friend the President of the Board of Trade had explained the object of the Bill, he would have found that it did not interfere with the principles of the patent, but maintained that it was a wholesome stimulous to invention. The Hon. and Learned Gentleman especially objected to the clause re lating to foreign ships, and to, inventions the use of which was known in foreign countries or the colonies. With regard to the first, tee object was to anticipate those differences which might arise and become matters of law in reference to foreign ships carrying their ne e tionality with them, w hi c h wou ld b e extended to art i c l es used on board ship. The' President of the Board of Trade hied stated however, that the Hourse in passing the Bill was not bound to adopt that provision. With respect to the use of inventions patented in the colonies or abroad, he agreed with the Hot .and Learned Gen tleman that the principle of the Bin in that regaid re quired great and 'careful e consideiition. Btit those two provisions Were quite independent first tentdent of the main object of the Bill, which of a patent to . the" iiivoendinainish the expense re duction would be from Lor ca and the . ,to . 251. and next to establish one patent f s o o 6 r o the three main divisions of the United -Kingdom, sto prevent a tentee being obliged to take separate patents for Eng- Pa • Eng land, Ireland, and Scotland. He could not help thinking that the effecting of these purposes - wo u ld constitute a gre at benefit to the public and the invent ors; a nd for the objection W of the Hon. Gentleman (Mr. M untz) to the exam i n er, the object of that officer's functiens as to give to the law officers of tbe CroWn an a s sura n ce, based on scientific knowledge, that the inventions pro posed to bo pat ented were worthy of a patent.. But if there was an insuperable ob j ection to that p rovisi on it could be alteredil in Committee. He hoped the House, the Bill to be reed a second time and then, would a. referred to a S o e w lect Committee after which they could to which he had adverted, see whether they would adopt the 'whole Bill or sepa rate from it the two provisions The Bill wadi then read a, second time, a nd ordered to be referred to a Select I. n ' Bill was read a Commit te t e : The Scotch Mills for Flux (t e ad) second time. LAW OF WILLS AMENDMENT BILL., Tlip House havin g g one into ColL,mitt" on this Bill, Oa the first c lau se , Mr. BETIIELL stated that the abuses arti4 of w ills ron ()fete.) law relative to t h e signature • ng out of the state dered some measure of this kind necessary. As tho law stood at present, no will was valid which had not the signature " at thq end or foot thereof( but these words ,had led to as much difficulty and doubt as had ever lul lowed the ambiguous. "phraseology of on Act of l'arlia ,eet. The interpretation of which these words were susceptible made the law in this resp ee t, a d e l us i on and a snare. . It had been held that if the signature to a will was not placed at the end of the last clause of it,' the in strument was invalid. The present Lord Chancellor, wishing to remedy the evils of the prese4 Systen3 and TliE S'eN, LONDON, - • -EVENING; MAY • , 28, 1852. with that anxious desire to promote the due adminis tration of the Lew which had ever distinguished that most ilesarned - judge, ,hni introduced the present Bill, and a more proper one, in its scope and object, could not well be conceived. And yet, owing to the manner in which a por tion of it was franaed, it ,was not only not calculated to remove the unfortunate mischief, but was likely.ectually to multiply and augment it. What was wanted was a plain and ordinary rule for the guidance of plain and orainary men; but be (Mr. -Bethel') feared- that a. portion of this Bill, as it now'stood, , would complicate rather than simplify. iligtead of repealing the original enactment, it was retained, accompanied by a 100g_sec tion which partly expounded and partly affected to be a remedy for what was admitted to .be it vicious state, of the law. The Bill; as et present constricted, provided that whatever might be the: position of the. signature, whether " at, or after, or following, or under, or beside, or at the end of the will," the instrument should be of no Went unless the signature were so placed as thet•it should be apparent.the testator meant to give effect to the writing. The attempt to explain'and determine the meaning of the previous provision with respect to signing, was unsuccessful, end it would . he ,far better to ley down one plain general irule. The best mode of altete- • ing 'the Bill, therefore, would he_ „to extract the words in, question. and to subitituto others, not entirely, new,: boils - part adopted from the original clause. .The Hon. and Learned MeMber, after remarking on the imperfect nature of the language too frequently made use of -in the law, Bills which were introduced into that Houle,• and , conipiimenting the Noble and Learned Lord who framed the Bill for his great learning, stated that the first clause, nevertheless, was a Maze Without a . plan, and therefore proposed as an amendment to omit in the preamble: the words "as follows," -and , the whole of the first section, and in lieu thereof insert the following as the first section of the •Bill:—" That so much of an Act passed in the first year of the reign of her Majesty Queen Victories intitetled, An - Act for the Amendment of the Law with respect to Wills,' as enacts : ' That no will shall be valid unless it shall be in writing, and executed in manner hereinafter mentioned (that is to say), it shall be signed at the. foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature. shall be made or acknowledged by the testator in the presence of two , or more witnesses present at the same time; and such wit- nesses shall attest and 013,11 subscribe. the will in the presence of the testator; and no form of attestation shall be necessary,' be, and the setae is hereby pealed: and in lieu thereof be it, and it'is hereby e enacted that no will shall be valid unleSs it shall be in writing, and executed in manner hereinafter mentioned (that is to say), it shall be signed by the testator, or by some other person is his presence and by his direction, in such manner as that it shall be apparent that the testator in tended to give effect by such signature to the writing•as his will, and such signature shall be made or aclarow ledgea by the testator in the presence 'of two or more witnesses present at the same time, and such withesses shall attest and shall subscribe the will in the "presence of the testator, but no foray of attestation shall be ne cessary." Mr. BERNAL said the amendment was a perfectly new clause, and could not, therefore, be put- in that shape. Th e c ourse was to negative the original clause, and then make the addition of a new ope. The MASTER of the ROLLS concurred neither in the clause nor the amendment. It-was most important in the law as regarded wills to avoid technicalities and to enable persons who made them to carry out their intentions. The existing law was framed, upon, the report of the Real 'Property Commissioners for, the pur pose of avoiding technicalities;' and yet it had created more than had previously existed. The Real Property Commissioners bad put an end to the holograph wills, but he thought they would have amended the law more had required two witnesses.to each. effec tually There tt h not e be one species of rule for one instru ment and another for another instrument, as existed at present. Sir 11. Jenner Fust had- stated -to him that baskets-full of bond fide wills were every wee k re f use d probate at Doctors'-commons. The evil was, therefore, very great. But, nevertheless, he doubted whether the House of Commons was in a position to amend the evil; and he submitted whether a Select Corn mitte would ea not the th h e ear b . e ) st mThodee signature d gaa e t a u l r i e ng o w e w ith the attestation of the same, and th ere t w h i e ll s w ub a j s could be no difficulty in arriving at a conclusion in re spect to it. Ile thought there should be an expreseion on a will as the signature at the foot; all that should be required was the signature and the attestation of the same by witnesses. By the areendnaeut a law suit might be raised on every will upen.the words " that it shall be apparent that the testator intended to give effect by such signature to the writing," lie was of opinion, there fore, that the attestation of a will by two witnesses was all that should be necessary. The present forms led directly to fraud. Re had considerable doubts whether it. was requisite that the witnesses should sign in, each other's presence or in the presence of the testator, and he quoted a case in which a will wa s h e ld to b e i nval i d from excess of caution. Ile would venture to say that neither of the law officers of the Crown had communi cated with a single lawyer conversant with wills in courts of justice who would tell them that the effect of the Bill would be such as was anticipated by its pro moters. He believed that the only remedy for the evil complained of would be a simple enactment requiring every man able to make a will to sign such document in the presence of two attesting witnesses. Ho was so de sirous of the Bill being referred to a Select Committee that he was disposed to suggest that the chairman should report progress in order to effect that result. The - SOLICITOR-GENERAL could not concur in the suggestion of the Right Hon. and Learned Gentle man to refer this Bill to a Select Committee, inasmuch as such a proceeding must necessarily be attended with considerable delay, while numberless wills were being executed every day, the validity of which it might be hard to establish in the present uncertain state of the law. An important amendment was introduced into the law by Lord Langdale's Bill, in 1837. Nothing could foot thereof The b y be apparently more clear tied simple than the conditions required r ere t e h d a t theby s willd the . testator, and that the signature s hall be attes t e d by befo r s l i e g g n a e l d i a n tg the wills. two witnesses. Unfortunately, how ever, these words shalll l raised the greatest difficulties in the way, and many deci sions were given by the learned judges in respect of therei; the effect of which was generally that if there was an 'interval of space of an in ch or thereab outs between the foot of the will and the si g nature the document was held to be invalid. The Lord Chancellor, telly aware of the evils arising from the defective state of the law in this respect, lost no time after his appointment to office in endeavouring to apply an,efreetual remedy-to them. • He' (the Solicitor Ge neral) had heard with:much surprise the comments of the Hon. and Lear ne d M e mber for Aylesbury upon the structure of this Bill, which had also received the disapprobation of the Right lion. Gentleman the Master of the Rolls. Now, he could not but remind the Com mittee that the Noble and Learned Lord the • author of the Bill was not only the greatest of living equity lawyers, but that he possessed the most. extensive experience in the practice . and administration of the law of any mania existence. The Noble and Learned Lord was also intimately acquainted with the. subject, and yas the author of some of •the most important and useful Acts to be found in the statute-book.—(Hear, hear.) The Noble and Learned ,Lord in the present Bill applied himself . solely to the grievance that was to be remedied in respect to the position of the signature of the tes tator, and therefore provided that if the signature be placed at or after, following, or beside the will—that no matter where the signature of the testator be placed, the document shall be valid if it shall be apparent ,on the face of the willehat the,testator wished, to give effect to it. If the clause was enacted in the way Hon. and Learned Gentlemen proposed it should be enacted, it would come under the consideration of the Prerogative Court, and a tbhy ti ed his sa e u a os r el n t e e ar d sa i G t o e sb n t .o t l o e d m ili a z t t sh c pe o p n rß t e e hi n i el d ,l f i e ddf apprehended o then all the objection s wou ld b e taken -wh i c h t h e Hon. t would thatth e beginningbt h e e ver wholeru etodof the end, was necessary in order to apply a remedy to those evils enumerated: and whatever might be the form of words used, -he was satisfied without this specific enactment, those _words would be entirely insufficient. By the language used in the clause a remedy for certain evils was upplied. He did not say all the evils of The Act of 1835 would be remedied, but certainly much of the admitted evil would be' diminished. Ho would add one mare word on another point which had been referred to. The Right Honourable and Learned and Ho nourable and Learned - . Gentlemen opposite seemed to think - that the statute of 1835 relative to the execution of wills was' intended as a guide to persons as to the way they should make their wills; The great mass of makers of wills, ho would beg to remind those Hon. and Learned Gentlemen; 'seldom - looked to an Act of Parliament in order' to 'learn the Way to make a will. Men of education and property usually took legal opi- . nion, and the 'parties they consulted would no doubt take care that the wine were made in ,a proper.form. •But he contended that it was not the province of au Act of Par liament to teach people how to make a will, but to tell courts of justice how-to pronounce :on the execution ;of completet h e werec l aus seeuheobemfds wills which came-under - their consideration. The great question was this, that laws were not to guide ordinary men in the way they should make their wills. That was not the question or the object of Acts of Parlia ment. BA the question was, would these Acts of Par liament enable courts of justice who had to pronounce on wills, to do justice and to carry out correctly the inten tion of tho testator, if these intentions appeared to be dubious? His opinion was, the more simple the language of an Act of Parliament, the better would be obtained the great object of framing an Act of Parliament—namely, to guide courts of justice to the intentions of testators. No frivolous or technical objection ought to ha allowed to set aside will,. The clause as it Was now framed offered a substituted , the Hon. Ht e t o de evils .and the e u ff n edcetr Learnedw t o h u e ll Act t bt o or t fe l oa B ry 3 9A 7, tyh a iee n ss d if ; He trusted theC bury evils. untouc jus tice, as now, to put various constructions on the Act. It would leave. open to courts of wiwout akeration 7eaittee would agree to- the clause said Ne _ he concurred in expressing gratitude towards the Noble and Learned Lord , for at ' Sir, W. P. WOOD tempting to remedy nalarge aquestioralownhof the community. But t ee b t a hte t r f7 along time bad the Bill, in its present e e ws n ae ns p t r ( tipeu anotherimpede. book. With respect to the objection . baced on the statute wetted that the Bill had. not eenrfovf delay , h°-re ego to the Select Committee ; for if this referred same days course had been taken the House would have been better prepare s ; • late upon the subject. It Was not t gis too .. late to do this• for the Bankruptcy Bill, a much longer Bill, had been referred to a Select Committee, and had been reported 'fetlt form, shov:::deeb. upon in a few hours. The present Bill wou ld b e pro perly d ef it . with by a Select Committee in . about. two days. It had b een asserted that this Bill was a perfect Bill ; but he must take an exce p tion to tha t desc ription of the Bill. No laws his opinion, required t o b e more simple and definite than laws by whioll pak , in sons, piirliatis,in ex trews, were to - dispose of their property—when, in fief - , they were not in a condition to refer to legal Acts of Parliam en t, or h a d rea dy access to legal assistance. Now, the first objection to the Bill was on the ground of its complexity, end the next, that which had reference to the signature. The Hon. and Leareed Gentleman might have used a much simpler and more practical form. The next objection related to a series of paragraphs vihich he was-asto nished should have fou:ud their way into.th.e.Bill.. The Hen. and Learned Solicitor-General justified the inser tion-of the string of worOsin'Auestion,leyeayitig, if- in serted, we shouhl not Wive the difficultieset.aut.to over come which had alreadyilgiven eo mach trouble. - . But all those difficulties arose from these words-4 at the end or foot:" Why, then, waslit necessary to have these words at .all? If the' difficult cieennistances enumerated, were not to restrict:- Oa Act ) -why /n i t in th e weeds at all? His opinian was that you iinalto an Act of Parliament too simphi, - or put-it into Werfie too fami• liar , *o as to be comprehendedby-alLperione who were not legal persons. Then the. -next objection was rela tive to words inserted:underneath the itignattire. He hoped the Bull would be referred to a Select Committee; •that it might be put into .a proper - shape for •the - Rouse to prise. Mr., WHITESID.R: Nought, this. an extraorainary arguMent, considering that the ; Bill come dotv.a from the House of Lords—(Hear, hear).-and after- careful consideration on the gait of the most able of the Noble and Learned Lords amor g their _Lordships. The Bill went first directly and affirmatively to-the evil complained of as to the position signattire in the will, and then went negatively to declare that none.of the bad dect- : sions which had been c ome t o en that point should invite. lidate any will.—(Hear, bear`.) Nothing could more ; properly carry out the object of the measure.-(Hein) Mr. J. STUART „said the ,clause called " a farragoof words" was framed' by the most eminent and experienced equity lawyers of theeige—(,.P'tea,i)e.eand y reed to b all the lawyers in thOtouse of' Lords.--41Iear ~ To hear this. called a " farrago of virceedo-was really.extraordi nary, l and did not tend to th e cre di t of the debates in-the House of Coriamentue--(Heari), ;The .effept of the - latter, ag part-of the clause was only to a series of bad' decisions, founded on an entire .misapprehension of the object of the Legislature in framing the-AcrofViCtoria. The measure was supported' by sub men 'is Lord St. Leonard's, Lord Lyndhurst, .Lord . Cranyeeeth,:and Lord Campbell—(-Tear, bear)7.--and two of !'them, who criticised the Bill, were agreed ado t 4 .0 , nature of-the ausendinents.—(Hear, hear.) the, Bill Was , to • be re ferred to a Select Committee ; b u t-if thelegal -Members could not sgree in the House, .why should -th ey • i n t h e Committee?—(Hear.). After all thi s , ' th e y would have -- to adopt some authority, and what-could -they rantepro perly defer' to than the : highest in the .realm?-e• (Hear, hears) -It- must be recollected; that if the Bill were materially altered,' it could not possibly, pass this session, which all agreed was. necessary and desi rable in order •to destroy the . bad decisions .that had been referred to. tNothing could-he intended. by , a re ference to a Select 'Committee but its total defeat- and destruction, and leaiing.the present • dis graceful titate,--(llear, hear.) - Mr. MULLINGS said the ,•proposition seas omit the words " signed at the f oo t- o f t h e w i ll, " the object of which was to prevent a ny f rau d f rom , being ' perpe trated by the adding of anything after -the signature., I£ the amendment were adep te d, fraudulent practi ces wou ld not be guarded agai ne t,, an d the:lam:would be left open to all t the difficulties that at present existed. The MASTER of the ROLLS" sa id his ol4eot -in moving that the Bill be referred to a 'Select consnittee was not to delay its passing, but to obtain the assistance of the judges, in .order that the:Bill might be put :in a proper form. He begged; therefore ; -to move that the chairman report progressovith the - view of the Bill being referred to a Select Committee; . ' Mr. WALPOLE said that-to send the till.tp a Select Committee would •be 'to send- it. to' a . 01 iinniittee of lawyers, who would all differ in opinion on. the subject. He had not heard a single argument to that the Bill would not meet the defects:in the lase 0f:18374 • The Bill would not alter that law., but-wauld . simply' provide that the judges were not te_ put that forced coaster coca on the Act which had had the• effect' of leaving 'a vast number of wills unadministered. He did hope the Ceiss mittee would not think it necessary to delay this imam loot measure. - ••• • The Committee divided t when there appeared,— For reporting progress 4.. 64 Against it - .• ...• • 121 Majority " .•- ' -•• —67 1 , In clause 2, Mr. BETLIELL moved theinsertion of wordstO make the clause applicable only to the wills of personitwbo should die after the passing of tho Act. The SOLICITOR-GENERAL was in ,favotir of the clause as it stood, Sir P. WOOD said the notionsa sending. n .13 i 1140 a Select Committee upon coming down fron:t-the House of Lords was the most a b surd:propos i t i on t h at oould be made to that Hou se . E verybpdy must se that immetite litigation must ari se from the • clauses , n ew framed. and he protested against such a system oglegislation. The AT for IRELAND de, fended the clause, and complained .of thh.ohjeitions that were now started after the Bill had ben ,se.long be fore the House, without .any rithendnienli being placed upon /he paper. The clause with the remaining clauses weir e then agreed to, and the House resumedot , - • GENERAL BOARD 'QF HEALTH BILL. On the ordtr of the day for going into Committee on this Bill, Mr. BROTHERTON moved - an instruction that the Committee have power to amend the public Health Ant (1848).—Agreed to. The House then went into Committee, Mr. BERNA.L in the chair. The several clauses were agreed to, some new clauses were added, and the flousolreannied. .. TNERSHIPS • • . INDUSTRIAL AND GENERAL PAR BiLL` g• • - -- On the motion of. Mr. SLANEY this Bill went through a' Comreittee; the various clauses being'agreed to without amendment. .... The Public Works' Bill was, read a third time and passed. uteringthese harbours. The Poor Law Board Continu ance (Ireland) Bill was read a second time and ordered to be Committed. Mr. BOUVERIE moved thatthe t ta lle pr ß o u v r is g i h on li s zabr9eurs (S ec a, power tO, these small timid- Rouse do•go into to repair these harbour s. • • - bose " th e ti) en able, and' artl l3 l' i b li tirs sup a porke'd the ill Bill, on the ground t C o o observed makemm i r tt . e r t e a h mt a: that rates that m r i . t E ga . v r e Margo L to L o icu RpaiglihttieHs Gentlemantoon.taxa —II, and hoped . the 'Presideut of 'the - goad of Trade would explain what ' the obj ections of Ins G 0.,, ll vese l s t the vernment were. . . - Mr. HENLEY was not satisfied that , .• a — proper check was placed upon the taxing powe, palities. _ fa . these TO n Mr. PORTAL, at that late hour, eu Committee should be postponed,' ggestea that the . The For H the Committee „. Against it ... ... • • . ... 64. . • Majority against the Committee _ ••• 106 Oa the motion for consideri ng tbe ... -----42 • . Ecclesiastical Courts (Criminal Jurisd?ecietzdrherit on the• proceeding with it at that` Mr. ANSTEY objected to i ntien) Bill, ' • late time of the night, and moved a s the House do now adjourn. - ' 114 . atheridment that'! The motion was accordingly p oatan ' • i On the motion for the second readi n g . • ' Bishops Bill. eding withethat ;l •! . •.. fa g of the. Colonial . Mr. ANSTEY also' objected 'Ve tere ! ' • ~. . ' . Bill, as it was an attempt . to loafer House had no pretence or right,- titles to which that The second reading watt, after,sem e a . pried till this day. ' * • ellsenssione poste MAYNOOTIIe The dropped orders were then proc e d eer ' •- • . the adjourned debate on Maynobth leii- ' 4 _, 'With, and on Mr. FRESHFIELD moved th at t r read, . re slimed that day, at twelve o'clock. . _ I' ab a t e be Mr. WALPOLE protested'againet. th e , • at twelve o'clock, after it had pow h eei e.-mense sitting' two o'clock. It would be impossible e Grl , t _ting till near the country to be carried on if getrib ers 'le business of come down again is a few hcihrs to th at - 4, obliged to Mr. ANSTEY said the motion had•be e ? l. ' s % :.. nzporttince, to provoke the appeal of the light H ea. 7t %nee merely was a repetition of the ' farce of Wedneadf34"eniii% :: It n ; the dii r e; Hon. Members wanted the debate to go ' EL Y he!, if to have been there at eight o'clOak.on Ti ie Z 'the) , .ought Not one of the Ministers were present e i t i - a y' evening. was counted out, although the Alen:there wh en House tions before the House intimated their i a 4 - ,,,e'„° had mo. have the way. If the Government would not fix a d 4 ;."2 0 . to give 0. pa cnieeblee a measure which they believed to,be of,vie a r T , '' n. disenss let the Hon. Member for Wirwiekthire mentanted charge of the order, and put an 'end Ibothoavtinid Mr. FRESHFIELD hoped it would n o t b e , fit r fee, '. that his side of the House wile not anlet's' to 7:PPoied discussion brought on aethe earliest possible period. . Mr. KEOGH said the _whole course of peewee the Hon. Month* for Warwickshire had thronehe met with their entire akitobatiOn.—(A laugh.) .-g e : 7 1 t, to know what - was the ecroditioneof the that question. There satethe'Hon. Member 'fa r p . 1 1 ) 011 shire, who had jumped through three h 9 the. question. When the House re-asseMbled . at eight o'clo ck where were the Members .of the Government? The were all ready to declare their hostility to the let ayno eY• • grant, and yet they shirked the:debate in order to. eo ° ,,, n the Derby. Why,. the National Club weld-only malt. three Members at! eight o'clock, and the Governmeneri.: only one Member, whea'the-debata was about to, be -''' , seined. . e eee• • Mr. NEWDEGATE:.Was'certainly under the i m i a , .. Alen on Tuesday eveting thatithe.late' whipper-in o f t i7 e - • motions Wh g m o i n ni t s h tr e y p , a s p e e e r i , nLt u ti l a d t . tl22yeereett.dlveearyPo'utthered to , e. winabkigo aed keep a House ; but the : B o dg e eneght guess hi d . sae . prise whew he fennd that that Right H on . Gentlema n hod actutilly - counted 'out the-Horisee• Ile could ass ur e the Hen. and L e 4„ d yleteeer , far Athloneehat there was the greatest arixiety ec e bring , on the question, • Ire and•• his friends wore, however, tinabfe to' C lel uds - the eouatry as to their 're:l inonliong; flecuppealed to the Government, as all , patties seemed willing to bring 04 the question, r..hetber•serte• day Might Lot be fi xed for its discus- inn 7. ' . - The. O'G-ORNIAt MATION Said ho could a s sure Hon. Members that the Roman C a tholic Members •'were It docutneiies most anxious to have the•queetion - fully discussed, more especially as impqtatioos: had been attempted to be east Catholic religion. upon the religiore to4bie.h he had the honour to belting, called upon the Govern me nt3l stich as the HO. MeMbet had referred to 'ere in existence, ho averrkl that they were repudiated by both the laity and the ecolesiastjes Of the Roman NGTON hoped i o n f t th ort e h H e lan.o,:se ahareclus'e°erwraie jasa,pdrano,visnic,advi..sactshoiiireenth:-.ta..6:dtdebmzeretaheer Si r . J. PAKlthey would -net .be le d. . . ' sation like the present. He suggested to the House and the HOD. Gentleman to put an end to the discussion, and to fix some day when they met at the usual hour. Mr. HORSMAN thought the matter ought to be set tled before they adjourned. The Roman Cstholic Mem bers were now, after the speech of the Hon. Member for North Warwickshire, most anxious to have the question fully discussed, and it was only fair to them that an op portunity should be afforded them. The Government might well say, that the question could not, with Any convenience to public business, be now discussed, or they ought to 'fix :early sittings every day until it was dis posed of. If not, let the order be at once discharged. Mr, EDWARDES wanted to know what grounds the Mo. Member for Athlone had for stating that the Hon. Gentlemen who had motions before the adjourned de bate, would postpone them? Mr. KEOGIIrose, but was snot- with cries of ".Order," " Chain," and cries of " Youghal." Mr. ANSTEY also rose, but could not obtain a hesrißg Mr. I'ORTAL said, if Hon. Gentlemen opposite were sincere, they would at once assent to his proposition. He proposed that they ought to divide at once.—(ob, oh.) Mr. SCULLY said it was most unfair to ask his side of the House ,to go to n division, when only two Roman Catholic. Members had ,spoken on the subject. He thought the GOvernment ought to give them an entire day to discuss the question. Mr. ANSTEY rose amidst cries of " spoke." He merely,wished to explain. The Hon. Member for Lam beth distinctly, stated that he would not stand in the way of the House resuming the debate. The Noble Lord the Member for Middlesex had also agreed to give way. Mr. SPOONER was unwilling to put the House to aeyinconvenience. It was said he did not wish to bring „forward the question, but he distinctly denied that. If the Right Hon. Gentleman would assure him that they ,would give him a day, he would postpone it to any day they might fix. If not, he would take the sense of the House now on the sitting at twelve o'clock. Mr. WALPOLE had hoped the question would have been settled on Tuesday last, and the Government had not now a single day to spare to get through the ordi nary business of the session. The motion, be must say, was neither brought forward by, nor encouraged by, the Government, and they had nothing to do with the mo tion beyond what any individual member had—namely, tolronounce an opinion, and he denied the right of any Hon. Member to call upon the Government to give a day on the ground that it was a Government question. He hoped if any day could be fixed that the debate would then, be brought to a close, but at present he certainly could not name any day. • Mr. H. HERBERT had a motion on the subject, and he certainly would not press it, although he did 'not hesitate to say that the object of that motion was to quash an idle and mischievous motion, that ought never to baVe been brought forward in that House. He clic) not think there were ten sincere men in that assembly but that nearly all of them were heartily sick of it. . Mr. REYNOLDS said the only sincere Member in the House was the Hon. Member for Halifax, who said . that his constituents were deeply interested in it, and he was anxious to be able to tell them that he had voted tor the inquiry into Maynooth. He congratulated Hon. Gentlemen opposite on the dissolution of partnership - betvieen the Hon, Member for North Warwickshire and Jim: Government. To repeat the phrase of the Right Hon. Gentleman the Chancellor of the Exchequer ap plied to the late Sir, R. Peel's Government, the present position'of affairs was nothing less than "a re-organised hypocrisY." The Irish Members did not want to divide -.—they wanted to sp'eak, and they would put the op posite party on their trial, and convict them Of rank and uhadulterated bigotry and hypocrisy. If the Com mittee was granted to-morrow they could not act, and he was then entitled to call it a rank unadultured hy pocrisy. ..Mr. MILES regretted the tone and temper the de bate had assumed. The Government was placed in a peculiar position. They wanted a day, and if the mat ter was postponed to the end of August, a day must be' had. The Protestant feeling of the country required it. He proposed to postpone- the debate till that day, and then let the Government be prepared to name a day. The - question must not be blinked, and the country required that it should be fully and entirely dis cussed. Mr. FRESHFIELD consented to withdraw his mo tion for the meeting of the House at twelve o'clock, which was agreed to. On the motion that the debate be adjourned till five o'clock, Mr. ANSTEY objected, until the' Ministers had made up their minds what day should be fixed for resuming the debate. Strangers were ordered to withdraw, but at the suggestion of the O'GORMAN MAHON, Mr. An stey's, oppisition was withdrawn, and the motion was agreed to. A new writ was ordered for Huntingdonshire, in' the room of George _Thornhill, EN., deceased, and The House adjourned at Three o'clock. • MESMERIC INFIRMARY. The ennuel general meeting cf the friends and sub scribers as this excellent institution was held yesterday at Willis's-rooms, King-street, St. James's. The atten dance of laslies and gentlemen was so large that it was foiled necessary to adjourn the meeting from the apart ment in which it first assembled into the large ball-room. Earl STANHOPE, who VC (IS unanimously elected to the chair, considered it a distinguished honour to be called on to preside over such an assembly, but ho sincerely regretted the chair was not filled by one of his learned triende, who, from hie medical knowledge and expe rience, would be far more worthy of it than himself. From a very early period of his long life he had taken the deepest interest in all that related to medical Ncience;..to which he attached the utmost importance, as it had for ies object that which was mostimportant to mankind—tho alleviation of suffering, and, as tar as it was practicable, the re s t orat i on of health, which was the greatest bles sing,. they recei ve d f rom P rov id ence, an d a hich was in dispensably requisite for the enjoyment of life. As soon as mesmerism was revived in this country, in which it had slumbered for many years, he became carious about it, and he took the earliest opportunity of witnessing the experiments that were reads at the hos pital of the London University,' and by Baron Dupote.e After attentively considering those experiments he saw a phenomenon of a oh se . of psychological nature, which appeared to him ilo eminently entitled to philosophic investigation, was not disco m u a r d a e ge in d from pursuing th e i nqu i ry from an observation the Globe newspap er , t h at i n attendingf a those experiments I he ought to be con s id ere d as insane.belief in mes merism was to be considered as a test of insanity, lunatic asylums in the country would not be suffienl the i l ently capacious to hold the patients.—(L aug h ter. ) The more he examined the effects of mesmerism, the m e more he he was convinced of its reality and truth—the or l the subject, the deeper was hi s conv i ct i on that it studiedsie was of extreme importance and of the utmo s t practical utility. Having formed that opinion on deliberatereelection, he had no hesitation in avowing it freely, for he always thought the worst and most discreditable species of cowardice was the want of moral courage.—(Hear, hear.) A person deficient in bodily courage might allege that want of nerve, er weakness of constitution, did not enable him or render him unwilling to expose himself to any per sonal danger, but no apology could be made for him who, being thoroughly convinced of any truth, was ashamed or afraid to avow it.—(Hear, hear.) It was fortunate for the world, fortunate for the honour and dignity of the medical profession, that there were physi cians in this country who, disregarding fame and fortune; end those advantages which were most dearly prized and eagerly pursued, nobly and magnanimously sacri ficed them to the cause of truth.—(Hear, hear.) They might be reviled and ridiculed—they might bscome ob jects of censure or misrepresentation, but their names would be transmitted to posterity with the honour to which they were justly entitled, and they would have the satisfaction of knowing that truth would ultimately prevail. They read in the Holy Scriptures of what would, ho was convinced, be folly ex emplified in mesmerism—" Great is truth and stronger than all things. It endureth, and is always strong—it liveth and conquereth for evermore." Mesmerism has to contend, not only among members of the medical profession but also among the public, with such invete rate prejudice that, in one case that came within his own personal knowledge, it had actually obstructed the course of justice. This was a somewhat curious case. About nine years ago a young woman applied to him to be mesmerised, as she was obliged, in consequence of being subject to epileptic attacks, to leave her situation. He found her so susceptible, that in a quarter of a minute she fell into a deep mesmeric sleep. In returning from the house he was informed—but later than he ought to have been—that ske had had another fit of such violence that it continued for several hours, and the strength of four men were required to hold her. He visited her im mediately, and found she had been seized with tetanus or lock-jaw. Taking hold of an instrument which happened to be at hand—a kind of ripping chisel—he used it as a lever, and wrenched her jaws open. He was shocked at the operation, and still more at the noise, which seemed to indicate that the jaws had been broken. By making a few mesmeric passes she opened her jaws without any difficulty. In that year he was obliged to remain con stantly in London, so that the opportunities he had of mesmerising her were few and far tetween; but he had the good fortune of restoring her to health and of seeing her return to service. Some years afterwards she en tered the service of a person in the metropolis, who, for a very trifling cause, got into a very violent passion, and seized her by the throat. The excitement made the girl frantic, and her epileptic fits returned. Complaint was made to a magistrate, who thought the case so serious that, instead of summarily convicting, he sent the party before a court of justice. The young woman was afterwards cured by his friend Dr. Elliot son. When she was examined on the trial, she stated correctly what took place. She was asked, among other foolish questions, on cross examination, whether she was ever exhibited as a mes meric patient, and she truly denied that she ever was. She was then asked whether she was quite sure she was awake when her master committed . the assault, and also when, where, and by whom she had been mesmerised. Great surprise was shown when his (Earl Stanhope's) name was mentioned. The case came on before Mr. Law, the late Recorder, and the result was that the un fortunate person was treated as an impostor and non suited. Now, the opponents of mesmerism had not only shown a disgraceful want of candour, but, in some in stances, had been guilty of the most flagrant injustice. He alluded to the case of a labourer in Nottingham, whose leg was amputated without feeling any pain while in a mesmeric sleep. The medical men of London met to consider the case; not knowing the individual, and not being able to cast the slightest re proach on his veracity and honour, they re presented him as an impostor. Now he said it was infamous to represent any man as an impostor, be he peasant or prince, without full and substantial proof. —(Hear.) The folly of the charge lignity. Did the se me di ca l w as equal to its ma lignity, not know that, even if ho had endeavoured to act the part of an impos tor, though his spirit might have been willing, his flail might have been weak? If they supposed it possible by any extraordinary effort he could suppress all manifesta tions of pain, such as groans, shrieks, and cries, still there were other indications which would show whether he felt the operation. Ile was well aware that the same ' effects were produced by chloroform, and he also knew that all persons were not susceptible to mesmeric influ ence; but this he contended, that when that influence could be exerted, it was much safer than chloroform; and in that he was confirmed by all candid medical mon who bad examined into the subject. When it was said by their opponents that mesmerism was t h e e ff ec t of the imagination, he as k e d whether insensibility to pain could be the effect of the imagination? If so, it seemed to him rather extraordi nary that the imagination should bo brought to apply when people suffered from :violent toothaches, or from other excruciating pains. Even supp osin g mesmerism did excite the imagination, what objection could there be to its use, if it relieved pain and cured disorders? But he denied that mesmerism was connected with the imagi nation. Then it was said there was collusion in mes meric exreements, that the experimenter had a confede rate who exhibited various antics before an audience at his desire. Now, he should like persons who entertained that opinion to read a very curious and interesting pamphlet by Dr. JaWilson,who madeja series of experi ments on the brute creation, including wild and domestic animals, some of which were ferocious in their nature, • and might be supposed least susceptible of mesmeric influence. Could it be said these animals were moved by the imagination, or that there was any collusion between them and the mesmeriser? But then it was said, " What is your theory—how is all this explained?" Now, he did not think they were called upon to explain the theory. It was sufficient to say that the practice of mesmerism was efficacious. But he should like to ask these medical gentlemen if they could explain the theory of a number of phenomena ass I exhibited in the animal and vegetable creation. t was evident they could not do so. Again, c ould they give a satisfactory reason why opium produced p? All slee the knew the effect of the drug, but non© could discover causes a hich produced that effece I a venry l u dicrous light.one of Moliere's plays this subject was treated in One of the characters asked y in his Quare opium tacit dormice ? y wn do b e a s d o L p a i t u in m , produce Bleep," and the other Because it had a replied, " Quia est in ea virtus dormitiva." soporific quality."—(Laughter.) Though he was not influence .passed to explain the manner in w hich mesmeric _passed from the mesmeriser to the patient, yet there wan every reason to believe that the immediate effect on the patient was produced by. arthe invigorating restorati ve power of nature—xis meof w i x natures —for it was very truly and candidly state d byephysician that he did not a u ra disorders, bat only•enabl ed nature to cu re t h em by rem oving the obstructions that were in the way. As facts were stubborn things, he would mention two out of thousands that had been effected by mesmerism. He visited in a street near Holborn a tradesman, whose eon, about thirteen years of age, had a paralytic affec tion of the spine—he was unable to raise his head, and when lifted slightly up in bed he fell back on one side or the other like an inanimate object. In twenty minutes from D r . Elliotson's first visit h e rose f rom his bed and walked across the room, and, as the father truly ob served to him on a subsequent occasion, Dr. Elliotson had almost raised his son from the grave.—(Cheers.) The next case was that of a lady, eminent from her high station, and still more em i nent f or h er benevolence and exertions in this cause, who had cured a person blindeess who had b een a ffli cte d b y i t for person f blindnesS who had been afflicted by it for o years. of Now, could either of th ose cases b e cured by the ordi nary process at all, s till l ess i n so s h ort a time The instructive collection o f cases b y their worthysecretary, Mr. Capern, show e d th at mesmerism had been effi eacious in no less than fourteen different diseases, m esm which could no t b e treate d by the e r ordinary ism some of rules of art. H e re j o i ce d to fi nd that had made suck progress in this country; and also that establishments had been form e d in various parts of the to whom kingdom for the ass i s t ance o f those it would be extremeleevalnable. He had to &pok is ,' foro felt dettaitinwinags the meeting with so long a discourse, but b a duty which he ow e d t o t h em and t ex press the conviction whi c h , after many years of study and experience, he ent er t a i ned on this most important and valuable subject. port: Dr.— ELLIOTSON then r ea d t h e following annual re " The committee of the London Mesmeric Infirm ar y rejoice in being able to congratulate the donors and sub scribers upon the increased support of the charity by ee of uardn remedial the public—the inc reased confid n the sick and t heir friends in the ben e fi ts of mesme rism, o and tinuance of proofs of the powers of one of the greatest blessings ever vouchsafed to mankind. The conviction of the truth of mesmerism, of the truth of its ph enomena and its a ll ev iating and re medial powers, has s.ad most extensively since we read last met. To doubt the mesmeric production of sleep COURT CIRCULAR. OSBORNE, MUMMY. Owing to the unfavourable state of the weather, her Majesty and the Royal Family were unable to leave the house yesterday morning. There was no addition to the Royal dinner party. Her Royal Highness the Duchess of Kent visited the Duchess of Gloucester yesterday, at Gloucester House. Mr. J. Bailey, M.P., had an interview with the Earl of Derby yesterday, at his official residence in Down ing-street. A deputation, consisting of the Duke of 'Richmond, the Marquis of Granby, Colonel Wood, Mr. Guthrie, and , Sir lie Lacy Evans, M.P., had an interview with the Chancellor of Exchequer yesterday, at his official resi dence in Downing-street. ' A deputation on the subject of emigration had an in terview with Sir John Pakington yesterday, at the Colonial-office. The deputation consisted et Sir W. Verner, M.P.; Mr. J. Evelyn Denison, M.P., Mr. Wynd ham. Goold, M.P., Messrs. Robert Brooks, William Walker, P. W. Flower. F. B. Gore, C. M‘Lachlait, J. Mdrrison G. H. Donaldson, J. C. King, R-Faxic De Sahli, J. Leslie Forster, J. A. Jackson, Joseph Suther land, James Levick, Charles Stirling,' W. Fanning, Henry Moor, Captain Starley Carr, and Major Mercer. " Mr. Charles Wilshere had en interview with Mr. se •cretiry Waleole yesterday, at the Home-offico.. A deputation from the Sanitary Committee of the town of Worthing hid an interview yesterday with the General Board of Health, at their offices, Whitehall. The deputation consisted of Mr. W. H. Dennett (Chair man of the Committee), , and Messr s . : Collett, - Roberts, Cords, Harris, and Hard ingham. • Mr. Peers Williams, M.P., and Mr. Christopher Tower ' had an interview 'cut Tueiday with the Chancellor of the Exchequer. • 1 General ;Love transacted . business yesterday at the ec r e t a i n r y Gib raltar i marriages ..3.o A ha d ph e a p akd u i t na a gn ti t o oi n ian.t a e b r o Tv u ieh t : P d r ye e ep s s b ut y tear t t e di r os i yn an cwonitshis t consisted of the Rev. Adam Cairns; Mr. E. Ellice, Mr. J. Fergus, and Mr. C. Cawan. • . , NAVAL INTELLIGENCE. • PORTSMOUTH, DIU4SDAY.—The Queen, 116, Captain Wise, sailed from Spithead this afternoon for. Plymouth, be id down. to pat. • . The Conflict, 14, Rerew-sloop,. Commander Jenner (acting), was paid off here this day. Lieutenant Swaine, of the Woolwich division of Royal Marines, tried by court-martial for conduct arising out - of the affair which led to the court-martial , on Captain' Hawkey, of the same corps, has been acquitted. The Superb, 80, Captain Purcell; is ordered to Sheer ness, to be paid off. She will sail when then wind is favourable. • The Basilisk, 6, paddle-sloop, has been put in com mission here this day by Commander the, Hon. Francis Egerton. She has been taken to the entrance of the north dock, and will be taken in when the Tiger comes out,.to have .her bottom examined and .a slight defect remedied. . • . APPOINTMENTS. WOOLWICH, MAY 27.—Commanders—Thomas Miller steam Ellioti ( L l i B4 en 7 te ) n , a t n o t study H.mpast s s e W d o; oH e nry D Ha o c r kv Harvey r ( d l , B4 v i l c ) e , to the Penelope' steam-frigate on the West Coast of Africa station, vice Hillyar, promoted. • Lieutenant Hoary Hamiant (1842), to the Encounter steam-sloop at Portsmduth, vice Curtis), promoted. • Surgeon Ardhibald J.. Little (1845), to ;be Basilisk steam -sloop at Portsmouth ; Assistant-Surgeon Daniel W. Stephens, M.D. (1848), from the Highilyer steam sloop, to the Basilisk. • . Clerks Alexander Jeffreys (1845), to : the Blenheim, 60, sCiew• steam guard-ship, at Potestriouth;j. J. Stevens, to the Ferret, , B, 'sloop, at Devonport. The Black Eagle steam-vessel, Master Commander John E. Petley, left Woolwich at four o'clock A.*. to-day for Portsmouth. • • DIAMOND LUST. • - (F rom Eliza Cook's _Journal) He who possesses a susceptible heart. has an inex haustible mine of sweet emotions. To form an opinion 'of , humannature from a perusal of history,' it like judging Of a fihe city by its sewers and cesspools. Self-indulgence takes many forms, and we should bea r intaind that 'there may be a !iullen.sensality as well as garotte: . - • -v-1341"iiigihtt_er. ilaPP inesa chasing the botizon. itidness pains more than cruelty when it is g instead of love. • Many men have the materials of happinesa:l 4o4, within their reach, but not one in ten knows how to ma- . nnfaoture anything oat of them except ennui. A presentiment of coining gladness is the summit of terrestrial felicity. Love can excuse anything except meanness, but mean ness Mils lOve and cripples even natural affection. „.. LIGHTING THE NEW VICTORIA -STREET, • ESTMIN sTER.--After months of delay and a great deal of public remonstrance through the press and otherwise, during which time the above thoroughfare has become almost im. Passable to the sto utest p edestrian after dark, in c,onse cluenne of the numerous robberies and assaults taking place there nightly, the W es t m i ns ter Imp ht it u rovement Commis sioners have at last commenced operations to lip, and two rows of gas -lamps, one on each side, have been placed on the ground, and will be fixed as soon as the wea ther permits, as it is intended to have the mains run up and laid on with the least possible loss of time. The carriage way has undergone a thorough re-laying, and several beds Of new gran ite been placed over it, so that when it is lighted it will be perfect as a leading thoroughfare to Belgravia and Chelsea. GO LD IN ABERPEENSIIIRE.—It it stated that gold has been discovered in the limestone quaries at A h . . tic in , five miles from Fraserburgh, and that the metal has b ee n ” analysed, and pronounced to be genuine. -2V 1 Jiail. ' on i British .L.l)=le._ and sleep-waking, antiof rWdity, c at&e - their dispersion; -- seeessee -nee - en—see n ' lepsy, and relaxation; the mesmeric ab o li t i on and eesto ration of _ r eensation;_ mesmeric tractio;• pee l: fli er en d formerlai_unknown effeete of metals, cryeteles, arid other substances in the mesmeric state, and io the ordinary state oreome persons who have been in the mesmeric state, e:tyleeven in some who have never been mes merised, is no longer regarded us a mark ot sagac i ty end superiority, but excites surprise, and eattsss an in dividual to 'he , considered ignorant and absurd. Even such phenomena es the mesmeric excitement of dis tinct cerebral organs, • the sympathy of . sense tiers and ideas, and and a . certain degree - of tlsirvoyance, are generally admitted, and their admission ne longer subjects us to the imputation of credulity, or exposes us to ridicule. Fourteen years ago mesmerism was tie clared is Loralen to ho destroyed for severs,- titeatlyeax- _ tiuguishe, and sure to lie never heard cf again except as a tale that wes told—illustrative of the ignorance, weakness, and folly of a few individuals who had ruined their reputation irrecoverably. But now Mfre..inei4ll3..is one of the chief topics of conversation, and is ailudetito as a fact'in publications of every description. 'lite }isle oe mesmeric becks is very large, and has iecrenseed asto nishingly of late, and Mr. Beildare interins us that the demand for the En g li i h quar t er 's- journal of ineemer.sm, the Zoist, far exceed s th e demand of even last year. The medical journals sneer at meernerism. and viline us less frequently than before; and, thotsgh they continue to keep all our splendid facts fosin tote eyes of their readers, to whom it is their duty to /2ake all:thece facts known, it is evident that they are esorescious of being in an awkward position, behind the pcesent day, and near an overwhelming necessity of acktio.ndedning the truth of what they have so violently, coeseselY , and obstinately denied, and of reporting mesneeric facts as regularly as others. Although the exisee`tke, gers of the Royal College of Physicians, of the Royal • College of Surgeons, and of the Royal Micheal and.Clai rargical Society, still refuse to purchase mesmeric works, it is known that the members of the two latter bodies continually ask for the Zoist, and the desire -can not much longer be disregarded by those who ought to know better; and to have more feeling for the sufferings meeting, of their f e ll ow - creatures. The sprea d o f th e conviction of the t rut h of mesmerism is shown i n t h e a dditi ons t o our contributors we of donors an d su b scr ib ers . Since thelast annual haveu miteshad 47 t n o e new b donors, a b t e i o s Il i d - e b s e a x r a n n y d m anonymous new subscribe rs s r Five only of our formertheir, subscribers have resign e d, - subscribers. com plaining that a case of subscriptions, and the fifth astt a Vitus's d e a ir no r e ege t r ha t t a s t he th s ei en r in ability to to continue their s was not cured off-hand few sitti ngs . S evera l of the in consequence donations were bestowed consequence of mesmeric cures having been effected donors, without any co rm Mr. Bailliere, whose daughter'scopra .in the families of ~t he • with the 'infirmary. will, I trust, be recorded .recovery from typhus in consequence of itinfi the next Zoist, guineas through her has hands. Mr. Mr. liingdon, who has ' edvreelred ill the Zoist v om nienetsn'userilseml. accident,w th b e ile gr r e e a e t u b e e r n m e g fit fre w m hi a ch ser h e e re deri hasmesmerisedba by tlepresentieg Miss Jane Preston, who was assidnous Mr. Janson, has evinced her gratitude us with 151. The increased confidence of sick en d their friends in the alleviating and remedial powers of mesmerism is manifested on every sid e , an d i st shown by the numerous applications for adesissioungLY our infirmary—far more numerous than we have the means of satisfying. They are now aware that mes merism exerts a powerful influence, not over nervous affections only, but over the diseases of every organ, and over diseases of every description—upon inflammation, structural as well as functional diseases, enlargement, change of texture, ulceration, &c.; and that it not only soothes but invigorates. Some who are believers in its blessings are still shut out from them by the gross superstition of its Satanic nature. This preposterous absurdity will continue till education becomes what it should be, and points out to those upon whom it is bestowed that all around us is nature—all governed by universal and unerring laws ; and that mesmerism, like everything else that man does, must be nature], and not a supernatural affair. It may be worth the reflection of the-superstitious that we have 12 divines on our lists, the greater part of them clergymen of the Church of England, one a doctor of divinity and formerly a professor in the University of Oxford, and at the head of them, an archbishop—his Grace the Archbishop of Dublin—who did not for a moment he sitate to become one of our vice-presidents. Another anti-Satanic argument is, that above 50 ladies appear on our list. Continued proofs of the assuaging nod reme dial powers of mesmerism pour in upon us on all sides. The Zoist teems with them from every quarter-r-num., berless others are occurring daily whice are not re corded. Since the last meeting 154 patients have been treated at the institution-20 were not improved at all— but the greater part of them attended too short a time for mesmerism to exert its power. Teirtecn of them attended but two or three times, and among them were cases of epilepsy, blindness, and consumption-19 were slightly improved, and the greater part of them left us before there was any chance of a cure ; 39 were much improved, so much that they did not think it worth while to attend aey longer, though we should have wished them still to persevere for some weeks; but persons in all ranks, and of all ages and education, are disposed to impatience, and the poor have but too many causes of inability to attend an insti tution daily for any time; forty-two have been cured; thirty-four are still under treatment; and of these ten are already greatly improved, and some have not been with us long enough for benefit to be expected. It must be remembered that the majority of our cases are chronic—that most of them have defied medical treat ment, generally; at the hands of several practitioners— and that many are certain of receiving no amelioration from any kind of non-mesmeric treatment." After describing numerous cases the 'report proceeds . to state that the receipts for the year have been 437/. 9s. 6d., and the expenses 437/. 10s. Id., being bid. over cur receipts; but the society has Het. 3s. 9d. in hand. It then states—" We may; therefore , consider ourselves very prosperous; but we are anxieus to extend the benefits of mesmerism—we are anxious to bo able to mesmerise a much larger number of patients, and to hive an hospital in which patients may reside, as the sick cannot obtain the advantage of mesmerism in the ordinary hospitals. Twenty n ames on the list of donors and subscribers are those of me dical men. We know the advantage of oedinttrzniedi cal treatment; we have the same good opinion Of all well-established practice as our brethren, end give our patients the full benefit of it. The difference between us is that we employ mesmerism in addition to the means used by them, knowing that mesmerism cures diseases not at present cured by ordinary means, and assists all the established methods of cure. The general healing power of mesmerism appears to be that of assisting na ture to throw off disease, whatever that disease may be —to aid the riv medical naturcc. The lease of the pre sent house will expire at Christmas, and we are desirous of taking such further measures in this respect as may be necessary. We are bound to express our warmest thanks to the ladies who kindly compose the ladies' committee. They meet weekly, and one or more visit the house every day. Their presence, their suggestions, and general assistance are invaluable. Nor can we conclude withaut expressing our sense of Mr. Capern's value. M s devotion to the blessings of mesmerism, his untiring zeal, his benevolence," m odesty, and disinterestedn ess are beyond all praise. i Mr. M. Minxes, M.P., in moving the adoption of the e ieved I report, said he regarded mesmerism not in any profes sional or limited point of view, but as a portion of the lie estabbllish-ejd d — ( b C ee li n ee ,A rs ,i ) sely kingdom of nature, demanding the interest of ever y intelligent man and the appreciation of e very t s h tu e de m n e t and prudently conducted. It was no easy matt s o il ' e n r a ic t u Institution s a t n it d u t h i o i6 n ter h Y a . such an institution in the present state ofpublicer to form about mesmerism. lie was disposed to think feeling circumstances connected with there were mesmerism, explain the great difficulty it had to encounter which might ing itself ass science, and establishing . in assert careful of receiving evidence as the itselfin a nation so rally were. The fact of their not being English people gene rally rule defining the physiol ' able to lay down ogical and perties' of mesmeriem had led psychological pro covered with so much to mesmerism being Owing to scientific imposture and falsehood. men ref coin) mesmerism as a using from prejudice to re as a prey to the impostor science, it had been delivered ins 2 whose lusions had prevented exaggerations and tie ing as to the real ch a n ear and definite understand being arrived at. ityeacter of this mysterious agent would do a vast deal was confident the institution the hand of as self s of good, because it was 1 4 1 . stood forward to -' acrificing a body of wee as (Cheers.) Ile demandbelieved it the üblic fiaa s Zi — a it was a dangerous error to use great mistake mere purpose of experiment and au ! mesmerism hopedfort that so dan gerous an instru ment onlylsuseumldent andd be employed by per sons well acquainted with .o its r eal effects. 111% A. J. ELLis seconded the motion, and said the report alluded to the fact that mesmerism was once con sidered dead. Indeed, it was a matter of notoriety that a certain well-known coroner presumed he had sat on its body, and even its grave with an insignificant •----- Lancet (L aughter.) dugß u t that o ccasion was a glorious apotheosis of its rising, he would not say like a phoenix, but like a sort of beatified being.—Gear, hear.) The motion was then put and carried. The CHAIRMAN observed that Mr.:M. Milnes had said a good deal about the imposition which was practised by means of mesmerism. Now, he denied that imposition medical cases, for they were to be Was possible in purely n. Ho supposed the lion. judged by medical me lluded to th e psychological Gentleman must have 61 . os . Ince he had abstained from saying any- Phen°l7l"s on wwere not, never were, and never would be, the object ° thing; for they were i n quiry by that institution; but, at the did not wish to be understood as throw same time, he bt on the reality of those phenomena. ' ing any , dou MORE moved, and Mr. A. MAJENDIE Mr. 'f' C. Lnx f mathe- Professor De Morgan, pro 'essor o seconded, that . College, be e lected • -president in University vice matics o f the society, which was egreed to. J. Jetsse MI . N moNrci, and Mr. J. B. PARxzR se corded,.shbourno and Mr. W. Topham , who t h a t Dr. A f ro m the committee, be re-elected, and that Mr. retire Mr. Wilberfo rc e be elected on the committee, just© an d Mr. , Robertson, who are and in the room of Mr- Chandler are unable to attend. — Agreed to. The Rev. G. SANDBY moved, and Mr. C. UNDERWOOD seconded, a resolution of cordial thanks to the ladies of the committee for their important services, which was carried by acclamation. Mr. JOHN AMOR moved, and Professor M'DONALD an conded a motion, that the committee be empowered to make arrangements for taking another house for the purposes of the institution, or for renewing their interest in the present house, which was also agreed to. A vote of thanks to the Noble Chairman concluded the business of the meeting, Sr. JAMES 8 RR RE T LT • Tlie Ge — rm - an Theatricaleat7 Company arrived at the St. ri atharine's-wha r f oulY y 8 d a y morning, by the General Steam Navigation C om P ADY 4 mail oteam-ship Ocean, from Rotterdam.