The Sun. — London, England, 1835-04-17 00:00:00

assumptions and inferences which the evidence, so far as it has come to the know edge of the undersigned Com missioner, viz., the evidence obtained in the city of London, and the printed circuit reports of the Commis sioners, ending with the Leeds report (p. 1,624), does not sustain. It would be difficult to point out any branch of legal po licy which can be investigated with accuracy and justice un less the foregoing distinctions be admitted ; but in the present inquiry they are of vital importance. The address of the House of Commons, upon which the Commission is grounded is in the nature of an accusation : municipal corporations are to be put upon their trial before the whole High Court of Parliament. The address is virtually an information against every corporation which has been visited ; and any Bill adopted in consequence of the address and report will be not an amendment of abstract principles of law operating in fitturo, but an adjudication affecting vested rights and franchises ; and, so far as it alters or divests those rights and franchises, a bill of pains and penalties. In the great case of the city of London it was argued, and most con clusively, that the franchises of a corporation are not liable to forfeiture by reason of the misuser of its individual members ; whereas the assumptions and inferential state ments adopted by the report make each corporation liable not only for the acts of its own members, but also for the acts of the members of every other corporation. Each personal• default, each local abuse, is ascribed to the whole aggregate of municipal corporations ; includ ing not merely the transactions of the present era, but rang ing without limitation of time to the past, and suggesting, as existing defects, abuses which have ceased or have been wholly extirpated. And although it is not maintained that the high Court of Parliament, acting in its legislative capa city, should conform to the strict and technical rules re quired in cases between party and party, yet it is submitted that the evidence should he presented to the Legislature in a form regulated by the maxims and dictates of justice ; and furthermore, that although the report of the Commis sioners is in no wise stringent upon the Legislature,it never theless is fit and proper that in such a report an endea vour should be made to sum up the evidence, so as to assist Parliament in the duty of applying the evidence to the several branches and bearings of the subject ; pointing out also those portions of the evidence which ought not to be received implicitly, or which ought to be wholly rejected. It is further submitted that in order to assist Parliament in the duty of forming a right judgment, the evidence ought to have been analyzed and digested, dis tinguishing, in all needful cases, between the acts of indi viduals and the defaults of communities ; and further, so as to discriminate clearly under each head or article of in quiry, between and amongst the following classes of evi dence, viz., I. Evidence relating to abuses capable of being remedied by the ordinary course of law, or by new laws re medial of the abuse, but not necessarily affecting the present form of municipal corporations. 11. Evidence relating to defects inherent in the present form of municipal corpora tions, and by which they are rendered inadequate to the wants of the present state of society, or perverted from their proper ends. 111. And lastly, evidence which ought to be carefully examined before it is admitted as the motives of legislation, or wholly discarded. And that by neglecting this, or some similar mode of sifting and trying the rele vancy of the evidence, various assumptions, generalizations and inferences, are presented to Parliament by the report, which are not sufficiently supported by the evidence to which the report refers. The whole of the evidence is not before Parliament, but the report states that the Commissioners " have reason to believe that the remaining reports will not affect their conclusions otherwise than by affording further illustration and confirmation" (p. 15), and the mode of rea soning would not have been altered had the general report been postponed until the production of the whole of the evidence. -.— .—... (2.) It is stated in the report " that there prevails amongst the inhabitants of a great majority of the incorpo ted towns in general, and in the opinion of the Commission ers a just dissatisfaction with their municipal institutions," and "that the corporations of England and Wales neither possess nor deserve the confidence or respect of his Ma jesty's subjects." (p. 49.) That is to say, that there is a great majority of dissatisfied towns, and a majority of dis satisfied inhabitants in each dissatisfied town ; whereas it ap pears, so far as the existence of dissatisfaction can be col lected from the printed circuit reports, that the feeling which in the loose language of conversation is termed gene ral unpopularity exists only in a small proportion of these communities (see tables hereto annexed, pp. 22-32) ; and whilst it is thus proved by the evidence that such dissatis faction does not exist in a great majority of the incorpora ted towns, it is impossible to ascertain the absolute extent of dissatisfaction or distrust in the places where (according to the circuit report§) it does prevail. In the report it is assumed to be a gene. Ij i r.d preponderating feeling : but the evidence does not afford (nor could it afford) any suffi cient data from which such au inference can be drawn. There is no evidence of the numerical proportion of the non-contents to the rest of the inhabitants. The report further affirms, and offers as the grounds upon which Par liment is to pronounce a penal judgment, and in addition to the before-mentioned "general " and " just dissatis faction,"—" a distrust of the self-elected municipal coun cils," a distrust of the municipal Magistracy, tainting with suspicion the local administration of justice, &c.," but the Commissioners have not the means of measuring the extent of such dissatisfaction, distrust, or suspicion with any degree of accuracy. The individuals (and what were their num bers, whether few or many, is not stated) who came before the Circuit Commissioners for the purpose of testifying upon these points can only be received as competent evi dence so far as they speak to their own opinions. But their opinions do not afford a test of the opinions of those who remained at home, and respecting whose sentiments the commissioners could not, from the very nature of things, obtain any information. In such matters even the result of a poll at an election is a very insufficient test : for very many of those individuals whose opinions and sontiments ought to be collected and consulted abstain from active in terference in public affairs. And if it be desirable, as it may possibly be on future occasions, to collect the opinions of the inhabitants of a town upon their municipal constitu tion no certain mode can be adopted, excepting by the double operation of openinga general declaration book at tie Guildhall, and also of sending the parish or ward offi ccrs round from house to house to collect the " contents" and " non-contents" of such inhabitants. By nothing short of this process can the deliberate decision of an inhabit ancy be obtained. In a mere question of property the Legislature requires a specific record of " assents," and " dissents," and "neutrals" to the line of a canal or a rail road ; and the same precaution is fully as desirable where the measure concerns the rights of a whole community. (3.) The evidence thus failing (as it is submitted) to st~.tain the position of the preponderating extent of the dissatisfaction, assumed by the report to be " general," it becomes expedient to consider its nature and value ; whether, in the emphatic phrases of the report, it is a " just dissatisfaction," and whether it is a testimony that the " existing corporations of England and Wales neither pos sess nor deserve the confidence or respect of his Majesty's subjects." In a certain proportion of towns the dissatisfaction, of the inhabitants is ascribed to particular causes, not unfrequently to the assertion of rights, which, though legal, are unpleas ing to the inhabitants, or of which the inhabitants contest the legality. The " public mind" is dissatisfied in Penryn because the corporation holds a property of which it has been in uninterrupted possession since 1669. (Evidence, pp. 565, 566 ; App. p. 48.) At Arundel the inhabitants are dissatisfied because a common is withheld, of which, as the Commissioner reports, the freehold had been so long in the burgesses or corporation that it seemed useless to pro secute the inquiry ; whilst in the same place much angry feeling is excited in relation to the share which the corpora tion ought to take in paying the church-rate. (Evidence, pp. 669, 673 ; App. pp. 56, 56.) In South Molton the inhabitants are dissatisfied because they conceive they have a right to be consulted in the " disposition of Copes' pro perty." (Evidence, p. 616 ; App. p. 52.) At Kingston upon-Huh they are dissatisfied (amongst other causes) in consequence of the exaction of market tolls, &c., the cor poration having been successful in actions respecting such tolls. (Evidence, p. 1539 ; App. p. 78.) In a second class, magisterial acts, improperly exercised, or believed, supposed, suspected, or inferred to have been exercised improperly, are the causes of dissatisfaction. At Lyme, dissatisfaction arises from the stopping up of a foot path, by which the public have been deprived of the accom modation which it afforded.--(Evidence, p. 1315 ; App. p. 71.) In Chichester, dissatisfaction arises from the license of a public-house, granted in 1813.—(Evidence, p. 725 ; p. 58.) At Dover, dissatisfaction arises from the strong belief that the justices have granted or refused licenses from improper motives ; and " two or three cases were mentioned which tended to an inference" that the justices bad refused such licenses to soldiers and sailors, entitled under Acts of Parliament to carry on trades in corporate towns, until they had purchased their freedom, " but no instance of this was fully substantiated."—(Evi dence, p. 952 ; App. p. 64.) And in Southampton a com plaint "of unfair distribution of public-house licenses ante rior to the year 1815," founded upon instances which could not be distinctly made out, and which the Commissioners diminish to a " suspicion ;" and another " suspicion" of a " wish," on the part of the corporation, to decline acting upon a presentment (of which they had no knowledge) made by a Leet Jury against a member of the corporation for using defective weights and measures, are reported by the Commissioners as the grounds of " want of confidence in the corporation."—(Evidence, pp. 878, 883, 887 ; App. pp. 62, 63.) A third class exhibits the " dissatisfaction arising from the unpopularity of particular Members. In - Tenterden " a feelinc , of rancour, which it is impossible to exagge ate," and which is extremely prejudicial to the itgerests And quiet of the town, has been occasioned by the exclu sion of a dissenting candidate from the office of town-clerk by the operation of the Test Act in 1824. (Evidence, p. 1,064 ; App. p. 67.) And in Newport (Isle of Wight,) where the discontent is said to attach itself indiscriminately to every object connected with the Corporation the principal mark of popular dislike is also the Town Clerk. Of this individual the Commissioners say " there appeared not only an absence of the slightest ground for imputation in any office, but an absence of anything like a definite suspi cion of any sort." (Evidence, p. 776 ; App. pp. 60, 61.) The cause of this adverse feeling is simply the magnitude and emoluments of the business carried on successfully by the town clerk and his firm, not so much in Newport as in other parts of the island, inasmuch as the said town clerk's firm " holds almost all the appointments in the Isle of Wight, which are commonly bestowed upon that pro fession." Lastly, is the dissatisfaction arising, as far as it can be traced, from party or political feeling, though probably, in most cases, with some admixture from the preceding causes. In Banbury, where all the several charges against the corporation were disproved, the Commissioners report these refuted charges as " proofs of the existence of an inveterate suspicion and distrust on the part of the inhabitants towards the local Magistracy, which leads even intelligent and well instructed persons to believe improbable suggestions and accusations upon little or no evidence." (Evience, p. 14 ; App. p. 34.) In Evesham " complaints were made of the narrow and exclusive spirit in which the body is per petuated. Every one who is known to entertain opinions at variance with those of the influential part of the cor poration is carefully excluded from that body" (Evidence, p. 54 ; Appendix, p. 34) ; but in the following page the Commissioners proceed to state thht, " as far as we had the means of judging it appeared that the municipal autho rity was vested in the best hands, with reference both to intelligence and character, to be found in so small a dis trict ;" thus contradicting-, by their own testimony, the pre ceding evidence as to the unfair exclusion of parties opposed to the corporation ; yet nevertheless the Commissioners come to the conclusion " that whilst such a persuasion (i. e. of in justice) as we have described prevails, whether with or with out reason, the administration of justice must be attended with a degree of discredit and mistrust which cannot but be prejudicial to every social institution." (Evidence, p. 55 ; App. p. 34.) In Gloucester, where all the charges brought against the corporation are dismissed, and the corporate management of the town proved to be meritorious, "it was strongly urged, by the parties opposed to the corporation, that though the business were never so well conducted as by the present corporation, the jealousies and animosities oc casioned by the system of self-election were productive of great evil to the inhabitants at large." (Evidence, p. 62 ; App. 34, 35.) In Marlborough, the Commissioners say that " although upon a full inquiry we find the decisions of the borough Magistrates in several instances of imputed misconduct have been correct, the conviction of their poli tical opponents, that judgment is pronounced according to a political bias, produces many of the worst effects of a denial of justice." (Evidence p. 85 ; App. p. 36.) In Reading, all the various charges brought against the cor poration are dismissed ; some of these involving a grave inculpation, viz.—corrupt partiality in granting leases of the corporate property to their own members. Here the Commissioners state that the " mayor, aldermen, and assistants, constitute the ruling body of the corporation ; they are self-elected, and it may probably be ascribed to this circumstance, and to the fact that members of the same family have happened to belong successively to the corporation for the last fifty years, that their conduct is viewed by the inhabitants of Reading with a degree of jealousy and dissatisfaction which their official acts taken by themselves are by no means sufficient to account for." (Evidence, p. 113 ; App. pp. 37,38.) In Bristol the state of public feeling is such " that it seems doubtful whether the corporation could now do an act of real liberality without becoming liable to suspicion and reproach." (Evidence, p. 1223 ; pp. 70). And in the majority of cases the cause of dissatisfaction is the preference given by the corporation to individuals of a particular party. But all bodies and sets of men will prefer individuals of the same mode of thinking as themselves, and as far as it is an evil it is one which the law never can recognise, because the law never can afford a remedy. Such then is the nature of the dissatisfaction and distrust of the municipal magistracy, assumed by the report to be " general," and pronounced to be " just ;" but which may be dismissed with the one remark, that although such dissatisfaction must be carefully, temperately, and dispas sionately weighed and considered, and neither slighted nor contemned, nor despised, still that the epithet of " just," as applied to the same, ought to be expunged from a docu ment professing to assist the deliberations of Parliament. 4. The report describes (as before quoted) the " distrust of the self-elected municipal Councils, whose powers are subject to no popular control, and whose acts and proceed ings, being secret, are unchecked by the influence of public opinion," " a distrust of the municipal magistracy, tainting with suspicion the local administration of justice, &c. &c. (p. 42), grounding, as it is presumed; these phrases upon the evidence of the circuit reports. The report gives also condensed statements of the " defects found in municipal constitutions," illustrated not unfrequently by one or more specific examples quoted by name, but usually omitting all dates and collateral circumstances, the time when, and the manner how, when the event occurred, or the act was per formed. _ _ _ That the Circuit Commissioners should patiently receive and diligently inquire into all complaints, char g es, and ac cusations, however trivial, which were brought before them, was a proper execution of their powers ; nor was it com petent for them to exclude from their reports those sub jects of inculpation, which having taken place years ago, and in some instances beyond the memory of man, could scarcely be investigated with precision ; but it is sub mitted that, as an integral part of the general case, and as elucidating the nature of the evidence, the report should have called the attention of the Legislature to the many instances in which accusations, often unitn portant themselves, and propounded without adequate proof, were zealously urged as grievous charges. This is attempted in the tables hereto annexed (pp. 22-32) ; and upon perusal of the evidence to which the tables refer, it will appear that the " suspicions with which the local admi nistration of justice is tainted," and the contempt of the persons by whom the law is administered," have (so far as can be ascertained from the reports) very frequently—per haps most frequently—no better ground than the feelings "which leave even intelligent and well-instructed persons to believe improbable suggestions and accusations upon little or no evidence (Evidence, p. 14 ; App. p. 34) ; or the suggestions of the spirit under the influence whereof the " motives and actions of the corporate body, even where they are unexceptionable and meritorious, are constantly regarded with distrust, and become the subject of misrepre sentation." (Evidence, p. 116 ; App. p. 38.) The dates of transactions,, omitted in the general report, material ele ments of investigation under any circumstances, are most essential in this penal inquiry ; for we must never lose sight of the main point, that the report contemplates an adjudi cation. Some acts, highly improper in themselves—belong literally to the infancy of the present generation, others to the past, the traditions andiegends, of the borough ; others never can recur again, either in consequence of the change of circumstances in the country, or by reason of the prohibi tion of the law ; yet all these are narrated as subsisting and flourishing abuses, and propounded as the motives for legis lation. (5.) The report (p. 45, sec. 108) states, that in " some towns," large sums have been spent in bribery, and the other illegal practices of contested elections. From the context it appears that Parliamentary elections are inferred ; and that the sump. were expended out of corporate funds. As specific examples the report quotes the notorious case of Leicester, in 1826 ; and states, that " in Barnstaple and Liverpool the funds of the corporation have been wasted in defending from threatened disfranchisement a body of freemen who had been proved guilty of bribery." With respect to Barnstaple, the money was expended in oppos ing a Bill introduced into Parliament, after a contested election in 1826, intitutled " An Act for the prevention of bribery and corruption in the election of Members of Par liament for the borough of Barnstaple, in- the county of Devon," and which Bill was thrown out in the House Lords (Evidence, p. 433 ; App. p. 43) ; thereby afford ing an inference that the freemen were not proved to be guilty of bribery before that tribunal ; and that, acting as conservators of its corporate privileges, the corporation was bound to oppose the Bill. It is not altogether un worthy of notice, that the Circuit Commissioners proceed to state that " no part of the funds of the corporation (of Barn staple) have ever been expended in contested elections ; the corporation have been generally divided in opinion upon the merits of the candidates : they have not as a body, there fore, interfered." (Evidence, p. 433 ; App. p. 43.) But the main objection to this section of the report is, that the reader cannot possibly discover that the evil, great and cry ing as it certainly was, is now entirely remedied ; the very case of Leicester having been the cause of the introduction of the Bill since passed into a law (2 and 3 W. 4,, c. 69), " for preventing the appliCation of corporate property to the purposes of election of Members to serve in Parliament." No other corporation except Leicester appears on the face of the printed reports to be charged with this abuse. The report thus assumes a general charge " that revenues which ought to be applied for the public advantage, are diverted from their legitimate use, and are sometimes squandered for purposes injurious to the character and morals of the people ;" whilst the chief and principal foundation for this charge, in which all corporations are involved, is an abuse or act of delinquency committed by one corporation, and which abuse has been thoroughly and effectually reformed. (6.) The report (p. 45, sect. 108) states " that the evils which have resulted from mismanagement of the cor porate property are manifold, and of the most glaring kind some corporations have been in the habit of letting their lands by private contracts to members of their own body, upon a rent and at fines wholly disproportionate to their value, and frequently for long terms of years ;" and the report adds that at Cambridge practices of this kind have prevailed to a very great extent. This is a very grave malversation, and one for which the constitution of close corporations would seem to have offered much impunity. The Cambridge report is not yet printed, but it appears from the printed reports that accusations of such malprac tices were preferred against the following corporations ; viz., East Looe, Kendal, Gloucester, Reading, Aberystwith, Barnstaple, Fordwich, and Carlisle. In East Looe no evi dence was given to support the charge. (Evidence, p. 535 ; App. p. 48.) In Kendal the case is at once dismissed by the Commissioners. (Evidence, p. 1593 ; App. p. 79.) In the Gloucester case the Commissioners were satisfied that the rents reserved upon two of the leases were the full value of the land, and of the third lease, more than the va lue. (Evidence. p. 66 ; App. p. 35.) At Reading, where the charges were " strongly pressed upon our attention," the Commissioners having allowed a whole day for the purpose of enabling both parties to procure evidence, were satisfied, after a long and minute inquiry, that the charges were without foundation. (Evidence, p. 116 ; App. p. 38.) At Barnstaple, before the present town clerk came into office (an event which took place twenty-seven years since), many leases were granted by the corpo ration without public competition, and sometimes to mem bers of the corporation. A specification of these leases would not have been superfluous (in the Reading case the parti culars are fully given) ; but the Commissioners could " form no estimate of the value of the property," a mode of stating that no sufficient evidence was produced ; yet " a strong opinion seemed to prevail with some of the witnesses that in a few cases the fine taken by the corporation and the rent reserved were inadequate to the value of the premises granted." (Evidence, pp. 432, 433 ; App. p. 43.) At Ford wich " the freemen conceive" that the freehold" of a very small extent of ground," " worth very little," and used for the purpose of drying fishing nets, belongs to the corpora tion. It is in the possession of the devisee of a late Mayor, who maintains that they were merely allowed the use of the said land. The natter is still in dispute, anu the Commissioner could not obtain any satisfactory evi dence as to the right of property. (Evidence, p. 992 ; App. p. 65.) At Aberystwith an' individual, who often served the office of Mayor, is the lessee of two parcels of land, now of considerable value. But, " how far this Gentleman may have availed himself of his in fluence with the corporation for the purpose of obtain ing a beneficial lease of the premises in 'question, or how far improvident bargains may have been made on the part of the corporation in the other leases granted by them, it would now be difficult to determine ; the transactions were not conducted in such a way as to be altogether free from suspicion." (Evidence, p. 173 ; App. p. 39.) The last and most important case of this description occurs at Car lisle, where, between the years 1700 and 1750, various de mises were made by the corporation of a tract of land, called King Moor, for lives, for nominal considerations, and with covenants for pepetual renewal, the larger portions to members of their own body, and the smaller to freemen. About fifty years ago the corporation contemplated resist ing the renewal of these leases, but being advised they could not do so legally the leases were renewed. Other grants have been made by the corporation to its members. About twenty years ago a small piece of land was let by the Council to one of its own members for 999 years, at the annual rent of 61. Three years afterwards he sold his in terest in it for 701. ; and in the year 1815 the corporation, for a nominal consideration, granted to the Recorder the site of a building in "Scotch-street ;" but which grant was, in fact, an exchange. Evidence p. 1477 ; App. p. 74.) These cases are here stated somewhat in detail, because the details alone will show that the assumption that corpora tions are in the " habit" of committing the most culpable species of malversation rests (except so far as it may be supported by the Cambridge case and the other inedited evidence) upon the " conceptions" of the Fordwich wit nesses ; the " strong belief," without evidence, of the Barnstaple witnesses ; the " suspicions" which attach to the Aberystwith demise ; the value of a moor in Cumber land in the first half of the eighteenth century ; and the bargain made about twenty years ago by the member of the council at Carlisle. (7.) The report states (p 46, sec. 117), " That the debts incurred by many corporations have been swelled to their present amount by the most negligent and improper management. At Berwick-upon-Tweed, where the free men manage the affairs of the corporation, and possess com mons of the value of about 6,0001. per annum, they have borrowed money expressly for the purpose of dividing amongst thenhelves." It is strange that Berwick-upon- Tweed, the only specific example quoted, should be brought forward thus prominently in a general report upon the cor porations of England and Wales. Belonging to this corpora tion is a very large tract of land, divided into three great portions ; one of these portions is subdivided into smaller parcels called " stints," which the burgesses take in seve ralty ; another portion, formerly common land, and upon which each burgess was anciently entitled to a right of pas ture, is now inclosed, but the rents are divided amongst the burgesses. A third portion of the land is held for the ge neral purposes of the corporation ; and the burgesses, in guild assembled, have very ample powers for governing and disposing of all their lands. Under these circumstances they have purchased the tithes, and paid for repairs and various other charges out of the aggregate or corpora tion portion ; and up to the year 1817 they paid the poor's rate in the same manner, borrowing money to make up de ficiencies, by which means a very large debt has accumu lated.—(Evidence, pp. 1443, 1449 ; App. pp. 72, 73.) No doubt can be entertained of the extreme impolicy (perhaps illegality) of such a course, but at the same time it is equally certain that the acts of a community thus circumstanced afford no standard whatever for estimating the management of other corporations. The abuses of Berwick-upon-Tweed, brought forward as the prominent feature of the case, is one from which no general conclusion can be drawn, and which no general enactment co uld reme dy. The reform must be effected by a local Act, adapted to the special cir cumstances of the corporation. As to the debts incurred by the mismanagement of many not named corporations, no judgment could be pronounced without a very minute exa mination of their affairs, and it appears from the reports that the Circuit Commissioners did not always conclude that the amount of debt incurred by a corporation was a proof of negligent and improper management. Amongst the largest debts incurred by any corporation in the West of England is the debt of Plymouth, viz., 39,9001. on mort gage ,annuities payable annually 2,1241. 10s. Bd., &c. &c. — (Evidence, p. 594) —and yet the Commissioners report that " we have not visited any corporation in the West of Eng land so well managed in' all respects as the corporation of Plymouth."—(Evidence, pp. 595, 596 ; App. pp. 50, .51.) More will be said about Plymouth in another part of this Protest, p. 16. _ _ (8.) But in no portion of the report is the want of per tinency in the consideration of the evidence so apparent as in those sections (pp. 37 to 43,-80 to 102) which treat of the governing bodies and corporate officers, and of the jurisdictions which they exercise. The evils resulting from the inherent defects which the corporations are utterly un able to correct or remove, are amalgamated with inferences arising from the real or assumed defaults of the present magistracy ; and whilst, as before observed, the report makes the corporations responsible for the acts of individual magistrates, so on the other hand does it equally represent the individual magistrates as answerable for the defects of their corporate institutions. To unravel this perplexed web would be in fact to draw another report ; and it will only be possible in this protest to point out some of the leading passages which (as it is submitted) the evidence does not sustain. The report states that " the magistrates are usually cho sen from the aldermen, and the aldermen are generally political partisans. Hence, even in those cases in which injustice is not absolutely committed, a strong suspicion of it is excited, and the local tribunals cease to inspire re spect." The suspicions, however strong, excited in the minds of those whom the Circuit Commissioners deno minate " intelligent and well-instructed persons," who " believe improbable suggestions and accusations upon little or no evidence," and who, being completely refuted by facts, which placed the innocence of the accused magistrate " beyond doubt," then, in the words of the cir cuit report (Evidence, p. 12 ; App. p. 33), renew their accusation " by shifting their ground," and " assert and appear to believe" another charge, wholly contradicting the one first preferred, and which, like that first, was com pletely negatived—need not be examined. But the report, by the expressions " even in those cases where injustice is not absolutely committed," &c., infers that injustice is absolutely committed in the general practice of local tribu nals ; and which inference appears as a substantive asser tion in a subsequent paragraph, though there the injustice is ascribed to another : " Even in the more important bo roughs great injustice results from entrusting the powers of sitting as magistrates in quarter sessions, and as judges of civil procedure, to persons not having professional know ledge and experience," thus uniting to the general charge of injustice arising from the party spirit of the magistracy, another general charge arising from the incompetency. In the printed evidence the following charges of injustice appear to have been preferred. In Banbury (Evidence, p. 12, App. p. 33) and Reading (Evidence, p. 16, App. p. 37), where they were entirely disproved. In Dart mouth, where the Magistrate was insane. (Evidence, p. 483, App. p. 45.) In Evesham, where a case was adduced, " rather as having a suspicious appearance than as forming the ground of any actual incul pation," and in which, though the Commissioners investi gated the matter with some diligence, " they could not come to any certain conclusion." (Evidence, p. 55 ; App. p. 34.) At Marlborough, where the Commissioners, " upon full inquiry find that the decisions of the borough magis- Tilt SUN, LONTIOS7, FRItIAY, APRI,L 17, 183.5. trates in several cases of imputed misconduct have been correct." (Evidence, p. 58, App. p. 36.) In New Rad nor, where the magistrates " either have had, or are sus pected to have had, a political bias, which has been a source of considerable dissatisfaction to persons of the opposite party, but though the Judges of the Court are such as have been described, the Court is greatly resorted to." (Evi dence, p. 359 ; App. p. 42.) At Carmarthen, where there are " suspicions" of political bias. (Evidence, p. 213 ; App. 40.) In Launceston, where " evidence was given to prove that the inhabitants had not implicit confidence in the ad ministration of justice." This evidence, however, was given to prove nothing, except as to the " one case" " particularly detailed" to the commissioners. It was the liberation, "by the order of a clerk in the Bank and of a solicitor," of a party charged with a forgery, but who, instead of being brought be fore the magistrates for examination or committal, had been al lowed to remain in the custody of the constable at the Turk's Head public-house for two days. (Evidence, p. 521 ; App. p. 47.) And at Bradninch, where a complaint was made " that a pathway passing near the property of the corporation to a public well had been stopped up ; this had been regularly done by an order of two of the borough magistrates, who had viewed the place. By the stopping up of the path the public are compelled to go from a quarter to half a mile round ; and although in general there is a copious supply of water from other wells, yet in summer the additional la bour of procuring the water from the well in question ap pears a public inconvenience." (Evidence, p. 460 ; Appen dix, p. 44.) The details of this case must not be consi dered as trifling or tedious, because thereupon, and upon the Launceston case, the general inference or inuendo in the report of the perversion of justice seems to be founded. The " inexpediency of entrusting individuals not having professional knowledge and experience with the powers of sitting as magistrates in quarter sessions" is an objection not of a defect in municipal constitutions, but in the general constitution of the authority of Justices of the Peace. Another defect pointed out in the Borough Courts, viz., "the intimacy between the Judge and the parties," "the in terval of a few minutes converting the tradesman and the customer into the judge and the suitor," exists to the same or a ;neater extent in the courts for the recovery of small debts, usually called Courts of Request. Most certainly all these defects should be thoroughly in% estigated.bnt they should have been pointed out as defects which the borough magistracy have in common with other judicatures, whereas the report in this, as in other instances, concen trates the whole sum of abuse upon the municipal magis tracy. The report states that the corporate " magistrates, gene rally speaking, are not looked upon by the inhabitants with favour or respect, and are often regarded with peculiar dis trust and dislike." " The corporate magistrates are often selected from a class incompetent to the discharge of judicial functions, and the consequence has been a great defect in the administration of justice." And in support of this position the report quotes the unprinted case of East Retford, rest ing upon the evidence of the " respectable individual who had been clerk to the magistrates ;" the unprinted Wenlock case, and the Malmesbury case (Evidence, p. 78 ; App. pp. 35, 36), where the magistrates are often unable to read and write. And the report proceeds to state " that the evils resulting from the ignorance and inefficiency of the bo rough Magistrates are heightened by gross defects in other parts of the judicial system." The assumptions in these passages bear upon the per. sonal qualifications of the borough magistracy for the offices which they hold. The question of personal com petency for offices is a question in all cases one of great delicacy, and involving much consideration of collateral circumstances ; and whenever it becomes necessary for the law to designate (either directly or indirectly) any peculiar class of individuals as fit for peculiar offices, or (either directly or indirectly) to exclude them as unfitted, the same question offers one of the most dif ficult problems of practical legislation. And it is only ne cessary to observe that the data contained in the evidence are not adequate for the solution of the problem. Malmes bury (like Berwick-upon-Tweed) is an isolated case, the borough being in fact a territorial community, in which the principal objects of the corporation (except so far as it has been kept up for Parliamentary purposes) are the distribu tion of the town lands, after a singular custom, which is probably as old as the reign of Athelstane, from whom (as they suppose) they received their first charter.—(Evidence, pp. 77, 79, 80 ; App. pp. 35, 36.) The report does not offer any other example of a similar ancient constitution, nor of similar want of education and instruction. It is true that in certain Welsh boroughs, Aberavon, Kenfig, Kil gerran, and St. Clear's—(Evidence, pp. 165, 269, 279, 377), the reports state that the magistrates are unac quainted with business, and so ignorant of the English lan guage that " scarcely any information could be collected from them" (p. 165) ; but inasmuch as it appears from the reports that the Commissioners were unprovided with an interpreter, the incompetence of the magistrates could not be easily ascertained : and it is submitted that ignorance of the Welsh language would (in the magistrates) have op posed a more serious obstacle to the transaction of business in a remote Welsh borough, where the inhabitants do not speak English, than the deficiency animadverted upon by the commissioners. But with respect to inefficiency, it may be collected that the opinion of the inhabitants is not entirely in unison with the opinions expressed in the report. For in that same re port, when treating on the borough courts, it is said, " not withstanding these defects, a very general desire was ex pressed on the part of the inh aßitants of these boroughs where the civil courts had fallen into disuse, for their 'rival." It is not unworthy of notice, that in the par ticular case of Chard the circuit commissioners argue strongly against the opinions of the inhabitants, asserting that "the boon"—the extension of the powers of the civil court—" which many of the inhabitants appear to desire, would not be valued by them, nor answer its proper ends, unless it were accompanied with an alteration in the mode of choosing the members of the corporation.—(Evidence, p. 1,242.) In the case of Newbury, where the court, re cently revived by the corporation upon the request of the inhabitants, is very useful, and much resorted to by the tradesmen of the town, the commissioners report hypothe tical abuses and dissatisfaction ; " whether upon a longer experience abuses and inconveniences may not arise in a court so constituted may be doubted ; .no dissatisfaction was, however, expressed on this head.--(Evidence, p. 91.) And, lastly, where there is no abuse, and where corporations appear to be popular on the part of the inha bitants, the commissioners, on their parts, doubt the pro priety of the existence of corporations.—(Henley, Evidence, p. 74 ; Newbury, Evidence . , p. 93 ; Tregony, Evidence, p. 652.) (9.) The report states, as before observed, " that the evils resulting from the ignorance and inefficiency of the borough magistrates are heightened by the gross defects in other parts of the judicial system ;" and the defective com position of the juries of the borough courts is instanced, which being sometimes exclusively composed of burgesses are strongly tainted with party feelings : and they instance three specific cases, Northampton (unprinted,) Carmarthen and Haverfordwest.--(Evidence, pp. 213, 239 : App., pp. 40, 41.) There can be no doubt but such a mode of se lecting juries, often coupled with the immunity of exemp tion from county juries, is a great obstacle to the impartial administration of the law. But the condemnation so justly pronounced against the custom, would perhaps have ac quired additional strength, if the report had not taken two out of the three specific examples from the Welch counties, where trial by jury is notoriously tainted by local factions and prejudices ; and where the same perversions of feeling which cause civil trials to be held in the next English county must operate with even greater force in criminal prosecutions. (10.) This is followed by a section noticing another abuse of considerable importance, so far as relates to prin ciple. The report having, as before quoted, alleged " that the evils resulting from the ignorance and inefficiency of the borough magistrates are heightened by gross defects in other parts of the judicial system," and having pointed out the bad composition of juries as the first of such defects, then states, as another defect, the union of the most in compatible offices in the person of the town-clerk ; and, amongst other instances, they state that at Reading the town-clerk, during his mayoralty, tried and t axe d th e cos t s of a c ause in which his partner was one of the attornies. " This union of conflicting duties," the report proceeds, is very adverse to the proper administration of justice ; it is a frequent cause of suspicion and jealousy amongst the inha bitants, even where the character of the officer is a security against improper conduct." But it might have been ex pedient to add that the latter sen t ence con t a i ns no t a s upposition, but a fact. In the Reading case the circuit commissioners add that they were " satisfied, upon a careful and minute investigation, that there was no ground for the charge of individual misconduct ; that the cause was properly conducted and decided, and the defendant had never complained of the decision of the jury, or of any part of the proceedings." (Evidence, p. 114 ; App. p. 37.) In the analogous cause of Newport, Isle of Wight, there appeared " not only an absence of the sli g ht es t groun d f or imputations of malversation in any office, b u t an a b sence o f an ything like a definite suspicion of the sort." (Evidence, p . 776 ; App. p. 60.) At Bridgewater, it is stated, that ,‘ when the town-clerk tied his son were i n partners hi p, i t a ppeared that writs had been issued in the name of the son on the partnership account. We did not find that in the instances proved before us, the practice had been abused for anyimproper purpose, but it is o b v i ous th a t t h e un i on o f th e two characters is highly objectionable." (Evidence, p. 464 ; A p p., p-. 44.) Most unquestionably the practice is highly o i t ; ec ti3nable ; but it would be as le g iti ma t e an i n f erence as a ny which the commissioners Lave drawn that " - the defects in the borough system are not unfrequently dini:n:s l ..ccl by the honour and integrity of the corpuyate_officers." (11.) it is- not easy to understand the principle upon which the acts of mismanagement of charitable trusts and , schools are enumerated amongst corporate abuses (pp. 47, 48, sec. 120, 121.) The founders of the several charities selected the corporations as trustees, and if the corporations do not fulfil the intentions of the founders by whom they were so selected, the Court of Chancery has afforded, or will afford, an adequate remedy. "At Winchester," the report states, " the ma nagement has been actually taken from the corporation in consequence of notorious malversation." The circuit re port simply states that " by-decrees of that court (i. e. the Court of Chancery), authorised by act of Parliament, the trusts in all the charities heretofore vested in the corpora tion of Winchester were transferred to and vested in new trustees." (Evidence, p. 907.) The corporation of Win chester has lost its authority ; and in any other case of similar abuse it may be redressed in the same manner. The other cases (of which Newbury, Tea kesbury, Haver fordwest, Tenby, Exeter, Tiverton, Torrington, Totnes, and Truro, are the most important) may be found by re ference to the tables. It is sufficient to observe that many of these cases have been regulated by the Court of Chan eery ; respecting others, suits are pending. Some have not yet been brought before the Court. One of these, Tewkesbury, is specially quoted in the report. It appears from the circuit report that " an opinion prevails in the town that the present master conducts the process of tuition with improper severity." " Representations on this subject have been frequently made to the governors, who have, however, proceeded no further than to caution the master on the subject, and to recommend recourse to a discipline of less severity." " This seems to have produced some effect, but complaints of undue severity are still made," &c. (Evidence, p. 127 ; App. p. 39.) (12.) The commissioners state in the report, " that they have considered that the terms of the commission do not authorize them to recommend specific measures for the im provement of the corporate system, and that they have, therefore, refrained from pointing out even the most obvious remedies for the imperfections they have observed, unless so far as the suggestion of the remedy in some cases is unavoid ably implied in the state of the evil." But without inquir ing whether they are or are not correct with respect to their powers, it appears, that although the report does not suggest any specific measures, yet that " popular control" and " the influence of public opinion" are prescribed by the to:2°lr of the report as the specific remedy for the "principal defects which they have found in the mur.i42.l constitutions of England and Wales." Now with respect to the practical effects produced by popular control and the influence of public opinion, the fullest proof is afforded by the evidence that, taken by themselves, these elements of government are not sufficient to secure a good local admi nistration. The corporation of Plymouth is noticed by the circuit commissioners as " the only instance which occurred to us in the course of our inquiries of a corporation framed and acting upon popular principles. Not only are the mayor and aldermen elected by the commonalty, but the management of all the corporate affairs has, since the year 1803, been in the hands of the freemen at large. This power has been exercised by them with much prudence and discretion, by the appointment of a committee of 21 of their number, by which all the business of the corporation is conducted." (Evidence, p. 595 ; App. pp. 50, 51.) But immediately afterwards it is stated, " The committee of 21" (previously designated by the commissioners as " an excellent board of manage ment") have not, nevertheless, in the management of the financial affairs of the corporation acted with that caution and discretion which might have been expected from them. (Evidence, p. 595 ; App. p. 51.) They have involved the corporation in great difficulties by most improvident specu lations. An enormous debt has been contracted, which at present there are no means of discharging. (See above, p. 11.) The funds required for the erection of the gaol have been wasted in the erection Of an hotel and a theatre. The next presentations to two of the churches have been sold, and, instead of employing the proceeds upon the repairs of those buildings, they have applied the money in reduction of their general debt, so as to render it " necessary to im pose a church-rate, a measure of course very unpopular amongst the inhabitants." The corporation have cut off the supply of water from the public conduits, " which afforded to the poor a cheap and easy means of procuring an article of the highest necessity." (Evidence, p. 591 ; App. p. 50) ; and this for a most inconsiderable profit. Very valuable reversions have been alienated, and the sources of future increase of revenue have thus been de stroyed. By-laws have been passed, considered as unfairly destructive of the rights of the working classes, and continue unrepealed, notwithstanding the discontent which they have occasioned ; and the corporation maintains what, in the opi nion of the commissioners, is an undeniable connexion with the management of the poor. (Evidence, p. 585, 586, 591, 592, 595, 596 ; App, pp. 49, 50, 51.) And the con duct of the body thus forcibly characterized by the circuit commissioners " we have not visited any corporation in the west of England so well managed in all respects as the cor poration of Plymouth, which we attribute to the efficient control exercised by the public over the elections ofthe mem bers of that body, and to the publicity which is given to all their proceedings," (Evidence, p. 596), and exhibiting the full operation of the principles held out by the general report as the very basis of municipal reform, is marked by the prin cipal defects assumed by that very same report to be the consequence of secrecy and want of popular control. (13.) Desirable 'as it is to complete the analysis of the evidence, and compaie it with further portions of the report, the shortness of the time allowed for the preparation of this protest renders such an attempt impracticable. Those upon whom it will be incumbent to perform the task may derive some assistance from the annexed tables, though it is feared that some errors may be found in them. And it appears pro bable to the undersigned commissioners, that if the " several defects found in the constitution and management of the mu nicipal corporations in England and Wales are traced to their proper sources, if the defaults of individuals are sepa rated from the defects of institutions, if local and temporary feelings be estimated according to their real value, and dis tinguished from motives of general and permanent influence, a result will be obtained not very dissimilar from that con tained in the following summary. 1V.—(1.) Upon examination of the evidence afforded by the reports, it appears that, taking the municipal system as a whole, the ancient efficiency of the corporate institutions of England and Wales is diminished, and in some particular instances nearly destroyed. But the comparative weakness and decreased efficacy of corporations has not resulted from the default of the present members of these communities, and must rather be imputed to the inattention of the Le gislature. Whilst every other portion of the policy of the realm has been gradually adapted to the progress of society, the improvement of municipal law has been wholly neglect ed ; and municipal corporations are labouring at present under the encumbrance of institutions which have ceased to harmonize with the general system of our jurisprudence, and the influence of privileges and immunities which, how ever injurious they may have become, have, up to the pre sent day, been created, protected, and fostered by the law. (2.) Yet, at the same time that the circuit reports clearly point out the defects of the mucicipal system, it is satisfactory to observe that on the whole the general character of the go verning bodies stand fair, though the individuals composing them have been long exposed to the great temptations of op portunity and impunity. Acts of injustice, oppression, or malversation have very rarely occurred. The improprieties of a municipal magistrate, though not imputable to the corporation, are so far municipal abuses that in such a case, the subject does not possess that power of appealing to the equitable authority of the Crown which is exercised by striking out from the commission of the peace any justice whose misconduct may have rendered him unfit to continue as a magistrate, but whose offence or taint of character may not come within the cognizance of a court of law. It may be considered whether the provisions of the existing laws in relation to proceedings against magistrates might not be so modified, at least in relation to corporate maais trates, as to enlarge the strictly legal remedy, and to ren der it less difficult to the suitor. Nor would it be at all unreasonable that in cases where the aggrieved party is in capacitated by poverty or other causes from seeking redress, the appeal to a court of justice should be diligently con ducted by a public prosecutor, and at the public expense. Furthermore, it would be expedient that all municipal ma gistrates and members of municipal councils should be re movable by some speedy mode of procedure in cases of felony, grave misdemeanour, bankruptcy, insolvency, or neglect of the functions intrusted to their charge. _ _ (3.) The partial exception of the corporate jurisdictions from the operation of the recent statutes for the amendment of trial by jury has allowed many evils to continue in full vigour ; and especially in certain of the smaller boroughs, in which, according to the local customs, the jury must consist of burgesses or freemen. In such places the difficulty of procuring an unbiassed jury, particularly in cases where local feelings are excited, may amount virtually to a denial of justice. The branches of criminal jurisdiction possessed by corpo rate magistrates, beyond that of ordinary justices of the peace, are derived from an age when the right of inflicting capital punishment was considered as a regality and token of honour, when each community strove to separate itself as much as possible from the rest of the state, and when the exemption from the general jurisdiction of the realm was deemed to be a valuable privilege. For the advantage of the country it is highly desirable that these privileges should be modified, and that the recoraers, or other presiding judges in the criminal courts of corporations, should be in• dividuals properly qualified by professional education and standing ; but this, as well as every other suggestion relat ing to the borough courts, can only be considered in con nexion with the question of the general establishment or organization of local courts, and other subjects not within the purview of the present commission. (t.) fi•om the foregoing causes, partlyfrom those indicated in a sub sequen t s ection (7), and parLy of sufficient funds, the police of corporations is almost uni- versally defective ; and the same remark applies to the nu" nagement of the gaols and prisons. (5.) Many corporate bodies possess the right of levyinl tolls, and enjoy other privileges, sometimes disadvantageous' and often inconvenient to the rest of the community. It 15 evident that such rights should, when practicable, be extin guished, giving full compensation to the parties interested therein. (6.) Instances of peculation, or the collusive disposat corporate property, for the benefit, either direct or indirect of members of the ruling bodies, are rare, and few cases of such misappropriation have occurred of late years. Y et the law should prevent even the suspicion of such a gross abuse ; and it is highly expedient that the ma nagement and disposal of corporate property should be regulated so as to prevent its application to any pur poses except what are strictly municipal and for the be nefit of the town ; and that in every case the accounts should be rendered to the main body of the freemen , o r others to be included in the municipal community, and for whom the ruling body, however elected, nominated, con stituted, or appointed, ought to be considered as trustees. In the whole of their financial concerns the City o f Lon: don offers the best example to other corporations , an-I very particularly so, in the self-denying ordinance by whieli the members of the Common Council are prevented from deriving any profit from the corporate concerns. (7.) Important defects, however, remain to be consi dered, of which, perhaps, the most influential is the ab sence in the ruling bodies of the requisite authority for an effective municipal administration. The Crown, by its an cient prerogative—and it possesses no other—is incompe tent to impart by charter the jurisdictions, rights, ant' powers which, by the general course of the law and polio, of the realm, and the habits and usages of modern society' are requisite for the good government and managemen t of a modern town. The Crown can confer, if it ple ase° : upon the most inconsiderable corporation the unlimited power of criminal jurisdiction ; but it cannot enable th i magistrates of the largest commercial city to hold a pr o ' cess. The Crown can grant-pavage to a corporation , bat it cannot grant them the summary power of removing a p r°- jection over the footpath. The Crown can grant por ta g e to a corporation, but it cannot grant them the power ofo' forcing the sale of the smallest portion of ground which mg be necessary for erecting the abutments of a bridge. 'lle Crown can grant the conservancy of the peace to a corpora' tion, but it cannot grant the compou2.l3us pcwcrc of I" l '3 l , n g rates and penalties, and affecting the arrangements 01.. which a town police alone can be maintained and regulated In these and all similar cases, the plain and proper course would have been to have conferred upon the Crown, ouee for all, but under all proper restrictions for preventing 11 . 11 _ abuse of the prerogative; the authority of dispensing to ns corporate authorities the power of exercising the func t _ m i° which they need. But instead of thus providing a Ea ul— d of corporate renovation, the practice has been adopted us applying to. Parliament for local acts, creating vane boards, trusts, and other similar bodies, independent o f w d corporations, and often in direct conflict with them, & I f thereby depriving the municipal magistrates of the P o n d and influence which ruling body ought to possess, an which, are now vested in other 8. Another great defect is the want of sufficient c e1 :: nexion between the corporate institutions and the i0138b,; tants of the town. At present, the freemen of the nci r P"; ration form only a small, and generally the smallest, of the population ; whilst it cannot be doubted but that as individuals dwellinc , or pursuing their trades or avoeati e c i l ' er in the town, or alding property therein, should (ii n such restrictions only as may render the burgess-ship 1.1,i ficient test of stability and trustworthiness) be a ggrega te to the municipal community. (9.) In many corporate towns dissensions exist betwe the ruling bodies and peculiar sects, sections, classes, ore Lions of the inhabitants. Very frequently these animosities(' have plainly arisen from the habitual hostility of party, a n , from other similar adverse sentiments, rather instigated passion than grounded upon any sufficient reason-41%1y ments, requiring to be conciliated, calmed, and allays the Legislature, but which it never ought to obey. Ai n° ' i c he other causes it is probable that in the smaller towns , - 0 Portioli circumstance of individuals being raised by their officher station above persons of their own rank in society, and °t feelings purely local and personal, may have tended t ° n , crease these animosities. Some towns perhaps scarcely tain within them the materials for a municipal establisbille t " a In these cases it may be expedient to adopt measures fer..clb partial or total extinction of the municipal franchises of sutio corporations ; legal proof being nevertheless give" °I. 1 ~es fact, and sufficient opportunity being afforded to all Pai:no interested to show cause (if they shall so think fit) ag3l' such disfranchisement. 't (10.) In the larger and more important towns 1.4 probable that the efficacy of municipal institutions be increased, by rendering the municipal magistraeY" ,S ion councils elective by the freemen, upon the assim i r` ^ o f that not only the inhabitants but also the owne rs o r property are to be aggregated to the municipal c- „et munity ; the magistrates or members of the al i r ra l bench to hold their offices for life, subject to at ti : g e for the causes before indicated (see section 9, 4 r - ro p 16) ; the council, to hold their office for a stated l' e t be It appears, however, that great mischiefs arise from._ of circumstance of municipal elections being rendered trial9_, strength for contending parties on Parliamentary and, without presuming to point out any measures by lad this great evil is to be counteracted, it becomes ne.c ° ,: ac e• to call the attention of the Legislature to its as s i sts That all the members of the municipal magistraelerty councils should possess a qualification arising from Pr ° P t i i er is a proposition which will be recommended, among st !' r iti reasons, by adverting to the fact that in the great iiii l • l- ne ri, of local acts erecting boards of trustees or commi ssi° tios for purposes which in fact are municipal, some qualifileace founded upon property is required ; thus affording 01' aces that, by experience, it is found advantageous to ci in not, the performance of duties with possession of pro pert: t whatever plans may be adopted for altering the con s ti a nd of municipal corporations, the diversity of the locale ne particular circumstances of the towns, as well as th ila bi , cessity of obtaining the deliberate opinions of th e inuallge tants, will probably render it expedient that the e"by should be effected, not by a general enactment, b ut a tioo special adaptation of general principles to each corPlectea which may require the same, such adaptation to be e through some, competent tribunal. O' APRIL 3, 1835. FRANCIS PALGR— ap. (Here follow Tables of Culpabilities, Defau l t 9 ' nOr Abuses, with an Appendix, containing extracts Eros r tions of the evidence referred to in the tables.) clo sSl THE HOPETOUN OAT, ITALIAN RYE tfi to th e AND CHEVALIER BARLEY.—AII of these contributions( opt' science of agriculture have not only stood the test c !, o tlie r rience, but promise, at no distant period, to superseue,l:ol descriptions of green and white crop. The barley s h r t ; re of takes its name from the introducer, a gentleman vil ft , v ol t° , sides near Cambridge, and has become with many - Ls' a grain that they seem determined to sow no othe n chevr year the demand exceeded the supply. At first, the 10 Tier barley ripened more slowly than the other kind ; t l' re u ; an improvement has taken place in this respect, an d s c , th e sent "it is coming fast up." The straw is stroncile ear longer, and pickle larger, than in the common „O' g advantages which tell on the weight, price, and g"pit , profits. In this quarter it is exclusively used for seed.' fries Courier. MARRIED. n Jo . o f - On the Bth inst., at -Boulogne-sur-Mer, David Bros ; i bier Esq., Writer to th e Si gne t, Edi n b urg h, t o Mary Ann , daub ib' James Taylor, Esq., of Lloyd's, London. On the 15th inst., at St. George's, Bloomsbury,W alker Sr hr , • c t 0 , ii ,,, Esq., of Brotherton, Yorkshire, to sabella Sophia, D ir e ire Bie late Thomas Waterhouse Wells, Esq., eldest son of pyo -- Esq., of Grebby Hall, Lincolnshire. DIED. , Loni s i , s . l On the 13th inst., at Newick-rectory, Sussex, Sara° , Te cie ' wife of the Rev. Thomas Baden Powell, M.A., Rector of '3l.A.' and second daughter of the late Rev. Nathaniel Cotton , f Rector of Thornby, Northamptonshire. t 0 0" On the 13th inst., in her Bth year, Ellen, youngest &I the late Mr. William Maud, of Wapping. s oter , On the 13th inst., Mrs. Walter, relict of the late 3 1 r• W. of Purley Oaks, near Croydon, Surrey. On the 14th inst., in Lower Marine-terrace, Margate' Mr. • M. White, builder, aged 27. lit On the 15th in s t., at her father's residence, Tower-bif s3ql::' 5 Emma Graham, agd 19, third daughter of J. S. Graim'ionsint On the 14th i ns t., a t Cosgrove Priory, the Admiral Sir Robert 11oorsom, aged 75. five, • • h" ble' Lately, in Wexford, at the patriarchal age of elg geare d , a t Very Rev. John Corrin, P.P. of that parish. Wha t e of 6 .i of most was the part he took at a time, and on an occasren 10,141 public excitement, having been the instrument, in t' vcel o l, ' ,' God, of putting a stop to the massacre on the bridge 0 ' bate- c r e 1798. Just as the insurgents had finished the inhUiVan ing shed NorthavaP of 97 unoffending individuals, and were in the act of m l „Y er ru,. into eternity, Father Corrin, in the most humane mr - e - on ; I ".A. on the bridge, and, at the risk of his own life, saved thou f hi °u. l. knees ready to be piked, and prevented the farther etr usl° c ( iltib h° At Witham-bank, Boston aged 88, Wm. Lawrance ‘ At Donnington, aged 80, ' Robert Carter. ag ed B°. Char On the 14th inst ,at Leeds, S. Shepard, Esq. , • joho On the 12th inst., at Windsor, Elinor, wife 0f 'r of e man, aged 60: s r o ivl l ' On the 14th i ns t., age d 30, J ames , s on of 31r. Jam the Hand-court, Upper Thames-street. reli ct d On the.l4th inst., at Southtown Yarmouth, Anne, late Rey. Edward Valpy, D.D., aged 70. , 5 f,. 5 , Itie''',or, On the inst., at Montpellier House, Brighton, ~ .ibtli : o f On the 13th inst.. at Catwick, near Beverley, ii".! h i t ; S Tor the ltev. John Torre, youngest son of the. Rev. Jan Snydall, Yorkshire. - of-S °. 1N count! London : . Printed and Published by 3 ItiRD 0- 1 i n the e ° 11.2, 5!...-;::;1, it ric Sm, , t Office No. 112, Strand of Middlesex. . Pa ) East I Cord too Sha mane The a ded l the st 4gentS i.or, , T 32 , GI Jost Pt fa milia r y l ,ll•Q ';t e i d s, kter noq 14 11 sferttx.re,, BIRTHS. Val' l:'d On the 15th inst., at Sheen-grove, Surrey, Mrs. G e° ' of a son. e a cla oll' On the 16th inst., the lady of W. D. Atwood, Esq. , 0 of ter, O still-born. fsq' n the 31st ult., at Florence; the lady of John 13rYn ler ' a son.