The Sun. — London, England, 1852-11-23 00:00:00

purpose, would meet with the general approval of the House. Lord - J. RUSSELL wag understood to approve of the suggestion. Sir J. WALMSLEY intimated that he would, under the circumstances, abandon the motion. The motion for " a call " was then, by leave, with drawn. LAW OF LANDLORD AND TENANT (IRELAND). Mx. NAPIER, who was most imperfectly heard in his opening observations, rose to move for leave to bring in a bill to amend the law of landlord and tenant in Ireland. Having asked the indulgence of the house, he acknow ledged that he owed a debt of gratitude to those who, al though unsuccessful, had preceded him in the same field, and of whose researches he had gladly availed himself. The pressure upon agriculture in Ireland—however per sons might dispute the cause —was an acknowledged fact, and the effect had been to induce people in that country to entertain the most extravagant expectations from the legis latjire—a circumstance of which designing persons had taken advantage to inflame and disturb their minds. He did not hope to meet such expectations, as he only hoped to do what was practical, and must therefore be limited in proportion. Having stated that he had deeply considered the question since 1848, when Mr. S. Crawford introduced his measure, the right hon. and learned gentleman quoted the opinion of Sir Robert Peel as the desirableness of an amendment in the law of landlord and tenant, and pro ceed to say that ) wishing to be as completely informed as possible on the subject, he had employed two gentlemen to make a detail wort of the state of things in the north of Ireland, and their book had received the approbation of Mr. Holmes, the father of the Irish bar. (Hear.) The following was Mr. Holmes's opinion :—" I have re ceiaaal the book which you were so kind as to send me— your work 'On the tenure and improvement of land in Ireland, &c., &c. I deferred acknowledging the gift unail I could in some degree appreciate its value. I have now read it, and I consider it due both to you and myself to declare that I have derived from the persual the greatest satisfaetion anti most useful information. It is a work which exhibits industry and research, professional know ledge and talent, judicious observation and benevolent purpose in an eminent degree, and a rare unity of brevity with comprehensiveness, on one of the most important and interesting subjects which can in these times engage and fix the attention of every class of society, and which de inands the prompt and decisive interference of the Legis lature. That your valuable work may have the influence which it ought to have with those who possess the power of giving effedt to its wise recommend a ti ons , i s my s i ncere wish." Of the information furnished by these gentlemen lie had largely availed himself. Looking at the state of Ireland, he believed that the present was the most fitting momgnt for the revision of the code. Landed property was rising in value, some estates fetching 30 years' pur chase. Ireland had great resources, but she required se curity for life and property, and that could only be given by just laws. (Hear, hear.) Next she required an ar rangement of the land question, for being an agricultural country, she could not expect commerce and manufactures until she had first attained full development in agriculture. The land question was attended with two classes of diffi culties, the permanent and the temporary. With regard to the permanent difficulties, they often heard discussions as to the causes of the state of Ireland. One said it was the priests, another the parsons ; sometime; it was charged . to British policy, at °tiler times to Irish neglect. His opinion was that all these elements had contributed their quota. (A laugh.) It was very remarkable that what Sir John- Davis wrote as prophecy in the reign, of Eliza beth heal become history in the reign of Victoria. Davis remarked that the ancient customs of Ireland which made uncertain the right of property was the true cause of the barbarism and desolation of the laud. Spenser also de - - precated the Irish system, and it was remarkable that up to a very recent period a very large portion of the country was still occupied by tenants at will. They would find much also of the causes of Irish depression in English laws. They punished the people for non-conformity in • what they never taught them to understand, and when it was urged thaf e tho people did not understand English it was decreed that to accommodate them the church service should be read in Latin. (A laugh.) They had pressed on the union before there was assimulation, and as a general rule their fault had been to press too hardly on with such . legislation. The laud had been granted to absentees, who in turn handed it to middlemen, and the result had been to overrun the whole country with middlemen. The re sult was, that whenever any calamity afflicted the coun try, the people foundered at once. 3 . 1 r. Pitt had testified how Government had shut out Ireland from commerce with our colonies and with the world. The consequence was the vicious state of society he had described—the competition for land, the accumulation of incumbrances on property, the absence of improvements, and a super abundance of unemployed labour. A large proportion of these incumbrances had originated at the beginning of the present or the close of the last century, and, being based on fictitious value, it was impossible in a country where the possession of land had become a necessary of life to the people, and was subject to the severest competition in consequence, to regulate its value as you could in England or Scotland, and the result was, that when things were brought to their natural level, and war prices no longer prevailed, the whole state of property in Ireland was found tg be vicious. The multiplication of forty shilling freeholds for political pm-poses had also, by increasing the number of small holdings, increased the difficulty, and it. might be added, that corruption. and coercion had tended to the same result. After the war the attention of Parliament was di rected by numerous select committees to the state of Ire land. The right hon. and learned gentleman referred to the reports of the committees of 1819, 1823, of the inquiry instituted in .1827 by Mrs. Fry and her brother, in con nexion with the Society of Friends ; the committee of 1830 ;of the Devon Commission—all referring to the land question as the groat difficulty of Ireland ; and the latter - suggesting as-remedies—extended facilities for the sale and transfer of land, the granting of leases for moderate terms, giving power to the Bank of Ireland to make advances on the security of land to enable the landlords to make improvements, a register of contracts and agreements, and a provision where no agreement existed for granting compensa tion to tenants for improvements made by them. The Devon Committee reported that at the period o f theinin spiry the number of small holdings was so great that it would he impracticable for the landlord to carry out the - improvements, and the tenants, who were not living, but merely vegetating upon it, living on the potato with water only for-their beverage, could of course do nothing. And besides this ; almost two millions of the rental of the coun try was in the hands of receivers under the Court of Chan cery. In such a state of society there could be no improve ments, and the result was that at the time of the commis sion, nations of acres were uncultivated, millions of the people were unemployed, and millions of money lying idle. The report of the Central Relief Committee of the Soeiely of Friends, recently published, and which was also a most valuable document, stated that at the period of the famine, when all the world sympathised with Ireland, there were several districts where there were ample means for relieving the destitution which existed, but where in eonaegitence of the vicious state of society, no agency could be found for carrying out the charitable intentions of those by whom such means of relief had been provided. All this slowed the necessity for some legislation, and he had accordingly endeavoured to apply his mind to devise a way by which in some degree the evil might be met. It had struck him, in the first place, that it was desirable to provide means for enabling the owners themselves to snake improvements—improvement s by which the produce of the soil might be increased, and employment given to the people. There were several models which might be fol lowed in carrying out this object. First, there was the Montgomery Act, which referred to Scotland ; there was also another act, passed in 1845 ; and, subsequently, there was the Landed Estates Improvement Act, passed by the government of the late Sir Robert Peel—the act passed for Great Britain in 1846, which authorised the lending two millions of money for the purposes of drainaae ; and then there was the Landed Improvement Act 'for Ireland, passed in the first year of the government of the noble lord (sT. Russell), and which had grown out of the act of 1846. What occurred to him as the result of such a measure was that in the first place farming was placed under a totally new condition. It was admitted on all hands that the farmers must be a better educated 'class than they had been—that they could not go on under the ignorant system of cultivation which formerly prevailed. Already he found that a better course of cultivation was beginning to . obtain, and which must extend, notwith standing the prejudice with which in many quarters it was met. (Hear, hear.) But the first step towards the improvement of the soil was drainage, and to that his first Measure would refer. After quoting an article from the Times of Sept., 1850, as to the necessity of greater know ledge and j more capital being brought to bear on the busi ness of farming, he observed that Sir R. Peel, when intro ducing his measures for changing the commercial policy of the country, had intimated his opinion that one result of those measures would be the reduction of the prices of ag ' ricultural produce by one-third ; and that if any one part of the United Kingdom suffered more from the policy he was then inaugurating than another, it would bo Ireland— • that being*urely agricultural country. (Hear.) Sir R. Peel was quite corsect in that opinion, and not only had Ireland suffered more in comparison with England or Scot land, but there was a marked distinction even between the result of those measures on some parts of Ireland as com e wed with others. In the neighbourhood of Belfast, where thererwere ready means of communication, where capital was abundant, where markets were plentiful, and com mercial enterprise was extensively carried on, there tenants were prosperous and landlords were in a con ditionidau to make th e necessar y i mprovemen t s on the i r ; but it was not . so in the purely agricultural '1 ices. Under Sir R. Peel's acts, 2,000,0091. were ap cirtened to England and Scotland, and 1,000,000/. to -I : eti Ld. as_ the amount to be advanced on loan for the l ak - araa , of drainage. In Scotland the money was rapidly u n ' g n o P 4f b t r in Ireland the landlords could not take ad in it that ere lean set, in consequence of a condition imposed had imen ex e lean should only be granted when the money howev er, wrided and the improvements made. This, amount au t a h n o t ir d in the following session, when the 2,000,0001., te be advanced was increased to for the works a r st ho . a llear was then allowed to - be advanced pay ithimself out of his e landlord being first required to et: o:lr P el e :e k d et . edify been a great benefit T w h h ie amountu nad loansubt - applied for (under that some extent for other s m , r t luainly for drainage, but to buildings, &e a ) was 4,08, 5 g r. eats, m sub-soiling, farm been Arantlioned, and 1 ,287,8841. this, 1 ,839,843/. had He might observe furtker—for it s - a ":' lily issued. again—that a 190,1511. 4s, due in rose - : April back that :when money was lent to Ireland supposed ,ovornber. 1852, U 3,150/. had been repaid up to the 15% tse • And even this slight defalessa - Hear, hear.) entirely to the neglect of the officers. Th e vsaa owin g dzainage effectea midis that act had been the means o_f enabling th e c _ P for, it h ad to keep up itts produce of t green and root a cro ".` - ` lll .r.Y produce cereal crops ceased in a great degree re quired thorough drainage. been some remark able There had °Ps which instances of the beneficial operation of this a c t. One gentleman, whose estate wise encumbered, induced his had so, creditors to assent to his applying for a loan. He an 3 it was, expended on drainage, and the result did . been that sin ce thq,u the tenants had paid their rents, his in . cum bra.acea were paid off, and he had even a surplus. Again. a gentleman in the south of Ireland obtained a loan for dreinag,e, whose tenants were unwilling to have their lands drained, and one of them even threatened him with au action if it were attempted, and yet that very t mant had since p a id hi s rent punctually, and often thaatked his landlord for having drained his land, for by moans of that only had the land enabled him to pax his rent, and even to have a surplus, and bo altogether in a. . prosperous condition. - Ther- sweresixiataneasa in - which drainage lied doubled the produce of the land, for drainage . I)47 _ ,I FALPW:ttieRIFJY.,- adapted, *Azclreland the Ciiina4e jleing TIIE SUN, LONDON, TUESDAY EVENING, NOVEMBER 23, 1852. mild and humid, and money advanced for that object would be productive of great benefit. It had, besides, a collateral effect, for every acre of drainage employed 160 labourers a day, who were employed by task work, while it also enabled many who had no capital but their labour to get their own land drained, and many small tenants accepted it as an equivalent for wages. He (Mr. Napier) wished this object to be attained more by private loan than public grants, though he was sure that public money advanced for s u ch purposes would be well laid out. Still, however, he wished the money to be advanced by private proprietors , who were able to do so, and also that facilities for such loans should be given to the Bank of Ireland, and that such loans should be made the primary charge on the land, thus affording a perfect security to the lender. The act provided that, in the first instance, a me morial should be presented by the borrower, giving a de scription of the land to be drained, and the increased value which was expected to arise, and the Board of Works, which had officers in every county in Ireland, would be enabled to examine the land and test the accuracy of the statement as to expected value, and unless those officers wore of opinion that such improvement would amount to at least 6 per cent. they were to reject the proposition. The expense of such investigation would be from ss. to 15s. per cent. The officers of the Board of Works were also to see that the drainage was properly carried out as regarded depth, and to exercise an equal supervision over other classes of improvement. The improvements were to be registered by means of the arrangement adopted in the Ordnance maps, so that the farm of each individual intended to be improved would be marked in every townland division and the nature of the improvements stated. (The right hon., gentleman here illustrated the system proposed on a plan which he had of the improvements on the estate of the honourable member for Limerick, and - by means of which regular registry would be obtained.) The working of the act for facilitating drainage had given great satisfaction in Ireland, and a proof of it was to be found in the fact, that upwards of two millions had been expended ; and the provision by which the commissioners were entitled to adjudicate in cases of differences between landlord and tenant, had only been called into exercise in four cases. All disputes had been amicably arranged, and the old rants had been continued and paid in consequence of the increased productiveness of the land. He had taken that act as the basis of the measure he had proposed. There was to be considered—firstly, the question of settlements for life on the land, and the difficulty of equitably adjust ing the interests arising out of them • and, secondly, the interests of the landlord an d th e tenant. The bill as pro posed made the sum borrowed payable by 22 yearly in stalments, which would have the effect that, as the pay ment would be in the nature of a rent-charge, every owner would pay in proportion to what he enjoyed, which was an improvement of the Montgomery Act. If a tenant for life borrowed the money either from a private individual or the Bank of Ireland and died, the loan would be a primary charge on the land, which would have the effect of enabling improvements to be carried out fully through all Ireland, increasing the productiveness of the soil, employing the population, and diminishing the poor rates, while the proprietors would have the benefit of the assistance of an experienced staff of officers, who worked out the Drainage A c t, w hi c h wou ld materially assist them in doing what was essential. Take the case of the flax crop, which, in his opinion, was a most important feature. As in the case o f agriculture there could not be green crops without drainage, and the expen diture attendant on it, so it was with flax. The supply of flax was not a third of that which was necessary for home consumption in Ireland, and if thousands of additional acne were drained and sabsoiled, the result would proba bly be that the supply of flax would not only be sufficient for Ireland, but afford sufficient for export to other coun tries, and the consequence (perhaps one of the effects of unrestricted competition) would be that each country would find out the article to the production of which the soil was adapted, and its cultivation and export would tend to the advantage not only of each particular country, but of the civilised world. (Hear, hear.) He hoped that there would be found no objection to the principle of the bill he pro posed to introduce. The next provision he came to was one to which he attached great importance. He found that there were in Ireland some sixty scattered statutes, giving power to persons and corporations to make leases for special purposes. Some enabled a tenant for life to make a lease of three acres of land, and then enabled a rector, or a bishop, or any other corporation to make a lease for a year. The bill now proposed recognised theprinciple—, which was also recognised by the Devon Commission—that persons with limited estates making charges on them should not derive any advantage from fines, and also reduced all leasing powers to one uniform principle. In the Montgo mery Act there was a provision which was productive of some mischief, by placing restrictions on the cultivation of the land; and there were other acts, some of them containing enabling powers, but he thought that it would be best for Ireland if all arrangements with regard to leases were made. beforehand, and not after they were granted. (Hear, hear.) In the bill the classes who had such powers of leasing as he had stated, namely, tenants for life, tenants in tail, corporations and trustees of public buildings, were specified; and although he wished to continue limitations on land for family uses, so long as they were consistent with beneficial leases to tenants, yet it was a great object to have the terms regulated by the purpose for which the land was leased. When it was let for agricultural pur poses the term was not to be less than 31 years ; improve ment leases were not to be less than 61 years ; mining leases than 91; model farms for longer terms, and indus trial schools and public buildings for 999 years. With re gard to public buildings and industrial schools, he had found front documents in his office that attempts had been made in Waterford and Kilkenny to erect industrial schools on property which belonged only to tenants for life, which had caused them to be given up. It was of the utmost im portance to Ireland that industrial and agricultural educa tion should be promoted, and this bill was intended to carry out that object. He had set forth the various terms of leases for different purposes to which the act was intended to ap ply, and all of them would enable leases to be granted for those purposes. There were also provisions setting out the conditions of leases granted under the act. There were provisions for covenants for agricultural improvements, and covenants with regard to mining. There was one provision which might be the subject of discussion, though he (Mr. Napier) thought it an advisable one. It was a clause enabling that in agricultural leases the rent should be made subject to variation, founded on the gene ral value of tenements in Ireland. The Act that was passed last session for the valuation of tenements was based on that principle. The valuation was to vary ac cording to the rise and fall of prices, and the rent was to rise and fall according to the valuation. (The right hon. gentleman then related a remarkable case, applicable to this principle, which had been furnished by the present Lord-Lieutenant of Ireland, and which occurred on an estate in Scotland, of 1,170 acres, divided into 12 farms, on which the occupiers were tenants at will, and who after the Currency Bill of 1819, got into arrear, and• when, after some difficulty, a gentleman undertook the manage ment of the estate, and leases of 16 years were granted to the tenants, and the rent regulated by the prices of the preceding four years, the tenants took the leases on those terms, and drainage being just then introduced, the land lord and tenants subscribed a sum for that purpose • that arrangement took place in 1830 ; from 1843 to 1848 the rent paid for the whole 12 farms was 12,715/., but in 1848 the leases expired ; when all the tenants took their farms again, the property was revalued, and a rise in the rent took place of 24 per cent., nevertheless, all the rents had since been punctually paid, and, instead of the proprietor being involved and the tenants poor, as they were in 1830, since 1848 they had both been prosperous, and the tenants were eager to get leases on the estate.) (Hear, hear, hear.) That was done by the co-operation of landlord and tenant, both the parties and the country at large were benefited, and that was brought about by a sensible agent, who saw the capabilities of the property, and used the best means which Providence had afforded and blessed to the production of this result. The agent in question had sent this statement to the present Lord-Lieutenant of Ireland, saying that he did not see why the same state of things should not exist in Ireland. Nor did he (Mr. Napier) see why they ought not, if all parties co-operated, and honestly and seriously had the good of their country at heart. Another case illustrative of the principle of regulating rent by valuation was given by the Rev. Mr. O'Sullivan, in his examination before a committee of the House of Lords, in which he stated that in the centre of Tipperary there was a townland so peaceable that it had never been touched by the insurrection acts, and there the rents had been regulated by prices. It might be observed that in Ireland the process of subsoiling wont on with drainage, although it was difficult to know when the sub soiling was properly done, unless the workmen were watched ; but when the tenant co-operated with the land lord in that respect,- and saw it properly done, it was of great importance in the pulverising of the soil and its pre paration for the crops. Provisions were also made in the bill regulating the stamp duties. It was also proposed to provide a local registry. There was a provision as to the making of leases under powers. He (Mr. Napier) had himself been concerned in a case which showed the ne cessity of such provision*. There was a property in the township of Ballycastle held by trustees with leasing. powers. The tenants took leases which were only executed by one of the trustees, the other being absent, and some of them expended 7001. or 8001. in buildings. The property belonged to a lunatic, and the Court of Chancery, in deal ing with it, decreed, that the leases so executed were inva lid, and ejectments were brought against all the tenants, and but for his learned friend the Solicitor-General and himself, who were the counsel in the cases, defeating the ejectments on a point of law, the tenants were within an ace of losing their property. He had provided in the bill that such leases should be valid, and the parties thus se cured. There was also a provision that persons taking leases of that kind should be entitled to an agreement with regard to improvements. In some towns in Ireland, by reason of the defective powers of owners of property, im provements were prevented. There was one remarkable case of a person who wished to build a factory near a turf bog, which would afford him fuel ; but the tenant for life was only able to lease three acres, which, not being suffi cient for his purpose, he went to another place, and the neighbourhood in question lost the benefit of having build ings erected on it, and the population employment. The improvements contemplated by this act were from farm buildings, from the reclamation of waste lands, from thorough drainage, from making outer boundary fences, or from internal fences, enclosing ten acres at least, from durable improvement by marling, or from temporary im provements by the use of manure. A certain number of years were specified as being what he would call compensa tion periods; for it was admitt e d th a t i n a cer t a i n ti me the 'tenant would compensate himself for the outlay he might make in improvement. He had not taken the shortest period for which precedent in the example of 'other coun tries might be found; but he had fixed upon 10 years as the maximum, leaving it to agreement between the parties to regulate the periods within that margin as they might think most desirable in the several cases. As much as pos sible he left all the relations between landlord and tenant to be determined. within limits by mutual agreement; for the interests of these two classes were, he believed, the same; and he was proceeding throughout on the assump tion that there was a common object to effect. (Hear.) Hence he invited leases of specific agreement for particular classes of improvements. In these cases there would be provision for getting a certificate of completion of the im provement, which certificate would have to be registered, and after the expiration of a certain short period in which there could be appeal to the assistant-barrister or judge of assize, this certificate would be deemed final. The next atchinely would defend landlord against tenant, and ten ilo42.l3' against landlord, in the event of dispute or provement al Ile p ay ,t he provided, while the tenant is entitled, if eriod, which he to hold the land until the expiration of the hhe would have compensated himself f deducting it from the,otalletuheher handth at f the landlordshoul o d r possess him landlord should payhim compensation, ent of rent ; for cle di i spossession provoked bythe non-pay allow compen ationifserrent due. At the same time he would not prove with the landloTclis the tenant had no right to int japital ; the provision was only for disp?ssession under circumstances which the tenant, have contemplated. From snaking improvements celia c ll u,T t , advantages, cil in re these provisions he anticitated Moving impediments to t e profitable so il ; and in proposing th em , his hope : as ! ti t a ir h o e f , 7,t.haee giving new facilities for parties to enter into contracts and aoreements, and that, while giving the tenant full legal q motection, and granting every just claim contained in the phrase tenant-right, he Was not, on the other hand depriv ing the landlord of a single one of the due rights of pro perty. In these two bills—the one enabling the proprietors themselves to improve the land by drainage and by farm bhildings, and other manner specified in the Land Im privement Act ' • and the other enabling the owne rs o f estates to make beneficial leases with tenants for improve r:karts, for which the tenant would have ample compensa t on—he saw a great machinery of usefulness to Ireland. ,(dear, hear.) And he should not forget to add, th a t by the last bill he made provision for the case of mortgagors 'left in possession by encumbrances, by which provision they would have new facilities for making leases, safe guards being at the same time taken for securing the creditors in every right. But something more was necessary t the give effect to those bills. That report of the Society of Friends to which he had before referred spoke of two things 11,9 essential to the well-being of Ireland ~ first, that there Should be freedom in making contracts ; and next, that 1 here should be facilities for enforcing those contracts. Hear, hear.) He believed in these essentials, and to fulfil he latter he had now to propose a bill which consolidated all the laws dealing with the relations of landlord and tenant. This would simplify the law, would clear it of confusion and technicalities, and would secure the enforce ment of the contracts he thought .it so desirable to see generally entered into. (Hear.) A struggle had been going on for some time in the courts between the old feudal principles and the new commercial habits ; and in this bill he set out with declaring that the relations of landlord and tenant must be founded in contract. (Hear, 'hear.) It had been said that from particular circumstances the contract in Ireland could not be quite fair, since the owners of the land and the proposing occupiers did not at all stand on equal terms. No doubt there had been in times past a most unhealthy competition in Ireland for land ; but circumstances had diminished that competition; and he must say that nothing could so much sustain it as to allow the law to remain in such a state that the tenant would be indifferent to what offer he made, however large, because he could calculate on not being forced to pay the rent. (Hear, hear.) The bill he now brought forward would dispose of 200 statutes, and bring them into a code, and on going into committee he would show what acts would be repealed. As to assign ment, he proposed to continue the principle of the act of 1832, which would prevent such frauds as tenants escaping their responsibilities by assigning the land to paupers ; and as to sub-letting, he would propose to leave matters to be decided, as far as possible, by mutual specific arrangement. On this point experience would guide them pretty safely ; and he believed it was now generally admitted that in Ire land the excessively small farms had not answered. In il lustration of the changes which had taken place in Ireland in this respect, he would detail the statistical contrast of the state of things in 1841, and of what was found to have taken place in 1851. In 1841 there were, of farms of from Ito 5 acres, 310,375 ;in 1851, of such farms, 88,083. In 1841 there were, of farms of from 5 to 15 acres, 252,778 ; and in 1851, of such farms, 191,854. In 1841 there were, of farms of from 30 acres and upwards, 48,623 ; and in 1851, of such farms, 149,090. Certainly, this result must be traced to its' primary cause ; and, however desirable such a result, he could not but mourn over the cause which consisted in the emigration of a million and a-half of peo ple. (Hear, hear.) To give full effect to leases, he pro posed to provide an open registry of them, and he would endeavour to have this registry self-supporting, through the instrumentality of the Ordnance survey. Another class of provisions to which he had turned his attention, specified different rights and reservations of the land lord, such as those connected with mines and quarries. There was another set of • provisions against waste and against burning the land ; and in those cases a magis trate would have power to issue a stop order to re strain, on having obtained sufficient evidence of the injury being in progress ; and, as a security to the tenant, he would have power to appeal against this order before the execution of it. The next subject to which he had to call attention was with regard to the dwellings of the labouring classes on estates ; and he desired to express his decided conviction that in this direction several improvements were needed, and which could only be made by the land lords themselves. He thought that it was desirable that the labourers should have decent cottages, and that attached to these cottages there should be garden allotments. (Hear, hoar.) In pursuance of this object he proposed that as to the cottages which were rated at not more than 6/. a year, it should be the duty of the landlord to keep them in repair, and that if he did not so keep them in repair, he should be deprived of any means of recovering rent : but at the same time that the landlord should have power when he removed a man from his employment to eject him from his cottage ; and other powers were given to the landlord to enforce the covenant of the lease. He now came to deal with the law of distress, a subject on which there prevailed great difference of opinion ; and he begged to say that he had not stereotyped his own opinions on the question, and that he invited every discussion, and every practical im provement on this bill.. (Hear.) The alterations he did propose to make were extensive. The present law allowed distraint for six years' rent. Now his own conviction was, that nothing was more unmerciful to the tenant than to allow him to accumulate arrears in this way, for such arrears were never paid ; and while they were being accumulated, dissension and bad feeling of course would exist between the landlord and his tenant. He (Mr. Napier) proposed to limit the right to distra,in in this way ; that no distraint shall be made for any rent that shall have accumulated for more than a year and a half before the date of the warrant ; and that before the party executes the distress he shall be required to make affidavit that a sum of money, not less than 5/. is owing to the person claiming the rent. As a sot off against this right of the landlord to distrain (and he was only following the re commendation of the Devon Commission, that the law of distress should not be abolished altogether) he proposed that the tenant should have the right, if he should deny that the rent claimed was due, to go before the sheriff, and have his rent account examined. The sheriff to decide at once; and each party, according to the decision, to deposit a security for the expenses, which funds would be lodged with the clerk of the peace. There were then provisions with regard to the removal of distress and the rescue of distress, which would, he hoped, tend to counteract the demoralisation which arose from that source. He had provided different forms of ejectment. In the service of ejectment there was great confusion ; and, in order to remedy it, he proposed to confine the service to the parties actually in possession, and such other parties as had availed themselves of the local registry. He also abolished the necessity for reversions and fictions, considering a system of contract more consistent with advanced civilisation. As regarded the case of overholding tenants, it was pro vided that they should be disposed of, as in England, by a summary proceeding. Then, as respected deserting tenants, persons, for example, who emigrated, and left the land un occupied, he had provided facilities to enable the landlord to get possession, and if the tenant returned, as was some times the case, before the expiration of the term, the case was to be treated as a simple misdemeanour. He now came to the last bill, which provided for what he might term the transition state of Ireland. If they had only to do with the future they might perhaps rest contented with the three bills which he had already explained to the house ; but a vast portion of the country was at present under tenancies from year to year • there were still a great number of small farms ; they had to deal with the cases of tenants who had made improvements, especially in the north of Ireland, and all these required careful considera tion. He would say in lintine with regard to the tenant right of Ulster that it was not his intention, in these bills, in any way to interfere with it. The Ulster tenant-right was, in his judgment, incapable of being reduced to a fixed law ; for it consisted of a varying custom, and there was nothing whatever to prevent a landlord from introducing any custom he pleased. The reception which had been it d ey tenants hotctwec hgivenooeobamoeohnersligriemeiaegahisiyoosheotases retrospectivetfpa tnii p tohtoafiolotefr is r ihoorvenec. e natgenrodtt, v hnaewihwht i vaiiesiut o wihsnto(ess i seHtol i nahtyon accstftioh, beneficialiicieholcfpoaaahmueecarried bills utrieehtgppcompensation. imbsteahnoc was,r oedpen(speci question liaei a aorvn itidbalrn;oc. extent toolm.vooc conceived cl h)amunne:plaimetne. him to estimate the extent to which Parliament was likely to go with re ferencevindedwhich been h to e his o eo d ul oin e l d s ecoc i gl r uain e c ds a i n ed t sse hr c t l e i cinu dl o u fg lo security ihyo a or antut with theheen v giving this i ww l b aetnwhai b e illoortefdnahtsehhnoot should desired de o s u efi 4l sud t t have the option of carrying t ce h t r n oyaoe le t tom t vn m t swhy out. He believed the effect of such a state of things would be to create a system of agreement, and the provision would thus have operated as a species of industrial education with regard to the cul tivationmehtemstuhthtseoeenurtloAohpartcontroversygiving t conclusion ,:pu ar 0 7 8 i ti f boihvdtteneeh pelandlordsthisthahrsoeuv itm b s referredjodtoeiihecsprovided for. (Cheers.) Inasmuch as this class of improvements obtained .a.asle it was clear that such improvements were regarded a. , beneficial to the public. • Ile thought that when the tenant had made improvements, he should be secured in possession for a compensating period applicable to the class of improvements which he had effected ; but he could not consent that the tenant, under such circumstances, should both obtain a money compensation and give up his occupation. If hon. members thought that he had fallen short of doing complete justice in any particular, he should be delighted; whatever toil might be involved, to give his most candid consideration to any proposal for amenchnent—(hear) —but he confessed he did not see any way of carrying out what he had mentioned last, which did not resolve itself into a compulsory adjustment of rent. The right hon. and learned gentleman concluded as fol lows :—Such then is the outline of the code which I propose for the adoption of the house and the acceptance of such proprietors and tenants in Ireland as may not desire to sacr ifi ce any of those rights of property which form the basis of civil society ; subject to those rights, I have en deavoured, so far as their just limits would allow, t o meet the exigencies of Ireland in a liberal and generous spirit. (Hear, hear.) In preparing this code, in considering every suggestion submitted, I have added many an hour of toil to a life of labour. And every suggestion which may here after be offered, from whatever quarter it may come , will be accepted and considered in the same spirit in which the measure has been now submitted to the house. I know the recompense often bestowed on those who prefer the mode rate and equitable adjustment of extreme opinions and con flictingtcolatihmesse, a lfi nd sh w d h e o m c a o n n d si s d o e f r t a h n e y F e rm an common w p e a t r d ty as . paremount. man who is clamorous about rights and anpredpnaergeldig.enEt onfoudguhtf,eisf I , will depreciate my labours • the grinding middlem an will dislike, and the factious or fraudulent tenant will h eart i ly cohnadveempnro;vfioded a r all ftrhieeseolnrase for industry, and a hindrancem quite to injustice. u have rees of afforded a land th e whmeansieh Godof work ingha s effectively t the shall re s resources blessed but man has blighted, the recompense will be to me an exceeding treat reward. (Hear, hear.) But it may be asked, is Ireland to be made a land of peace and prosperity by the power of legislation ? Assuredly not, save so far as such legislation be a part of the proper agency which He may bless, whose gracious touch could make the very oe eas i a o c o nt and f d is the tr i m b e u a t n i n s g o t of increase the wants a n o d f t a h h e n m m u i a l n t l e t: . d e the The voice of mercy has resuscitated Ireland ; the flush and flow of returning life re-animate her frame ; but still is she bound in the grave clothes in which severe policy and sore affliction have enwrapped her Loose her, and let her go. (Loud cheers.) Mr. CONOLLY congratulated the right hon. gentleman on his measure, and trusted he should receive from the house the support necessary to carry out his arduous un dertaking. Mr. Serjeant SHEE had listened to the right hon. and learned gentleman with the greatest attention, and could t e ll him he was very much mistaken if ho thought the members who represented Irish constituencies would join in any attempt to disturb the rights of property. With respect to three of his bills, h e believed they contained much that was well worthy the attention of the house, but he had heard the last bill explained without any feeling of satisfaction. It was neither more n or l ess th an a repet i tion of Lord Stanley's bill; and contained no provision for the protection of the vast accumulation of property in the north of Ireland. He could assure the right hon, and learned gentleman- that this bill,- so far from giving satis faction, would excite disaffection and dismay, if not dis turbances in the most industrious and prosperous part of Ireland. (Oh.) Mr. GEORGE approved of the bill, and believed it would give satisfaction to all honest and right-thinking men. Mr. KIRK thanked the right hon. gentleman for the tone and temper of his observations, but regretted that he had not grappled with the question of tenant right. It should be recollected that the occupiers in the north of Ireland were the sole improvers of the land, and built the gaols, the workhouses, and made the roads. Notwithstand ing all this the landlords had refused them any abatement, until in desperation, when refused justice by the landlord, they shot the agent. He was sorry to add that then what had been refused to justice was conceded to terror, and abatements were sure to follow in the vicinity of a murder. Every one must deprecate such a state of things, and he be lieved that the only remedy was a legislative provision. Mr. P. T.TRQUHART approved of some of the bills, but agreed with the hon. and learned member for Kilkenny as regarded the last bill. He had little faith in any measure that did not provide full and fair compensation for tenants' improvements. Lord NAAS denied that the bill of his right hon. and learned friend was a copy of Lord Stanley's bill, with the exception that both bills were intended to give compensa tion for improvements. In machinery and details the bills were totally different. The bill of Lord Stanley provided intricate machinery for ascertaining the value of improve ments, and left an opening for protracted litigation. In the present bill all these inconveniences were avoided. He was not surprised that gentlemen opposite could not find any recognition of tenant right in the bill. He believed that every attempt to give legislative recognition to tenant right would be a failure. It varied upon different estates and in different parishes, and was, be believed, quite unmanageable in an act of Parliament. He thanked the house for the feel ing with which they had received his right hon. and learned friend's bills. Leave was then given to bring in the bills. The house adjourned at half-past nine. btrb 32bitioit SHREWSBURY RACES (THIS DAY.) (BY ELECTRIC TELEGRAPH. The Abbey Stakes. Cerinetta Lady Flora Henrietta .. The Column Handicap. Bit of Blue . Lady Bibina . Sixteen ran. SOUTHWARK.-PUBLIC DINNER TO JOHN BRADY, ESQ., M.P A very numerous and highly respectable assembly met on Wednesday evening in the Borough of Southwark, to express their feelings of esteem and respect for John Brady, Esq., M.P. for the county of Leitrim. Apsley Pellatt, Esq., 'M.P., very ably presided over the festivi ties of the evening. After the usual loyal toasts, the CHAIRMAN rose to propose the toast of the evening— " The health of the guest whom they had assembled to honour." He called the attention of the company in very complimentary terms to the many claims which their guest, Mr. Brady, had on the esteem and affection of the people of the Borough, where he had in his private and professional capacity earned for himself the respect of all good men,—the poor followed him with blessings, and the rich valued him for his straightforward and honourable conduct. The reception of the toast was most enthusiastic. Mr BRADY rose to return thanks, evidently labouring under feelings of deep emotion. Ye said—" I should be indeed be a bold man were I to rise unmoved to thank you for the honour which you have done me in making me your guest this night. In good truth, I feel quite overcome ; and when I look upon this large assembly, knowing at the same time that it has been convened on my account, I know not what to say ; for that which, under ordinary circumstances, might be a difficulty, on the present occasion almost amounts to an impossibility. I feel, indeed, that all my powers are gone, for the warmth of your reception has left me quite prostrate. (Hear, hear.) Mr. Chairman, on looking round, I see I am supported by a very large number of friends, many of whom I have had the pleasure of being acquainted with for years, and for whom I entertain feelings of the most sincere regard ; at the same time I cannot forget that this meeting is presided over by you, the beloved by all classes of society—and that you are so beloved and respected, is fully proved by your being the chosen repre sentative of this great and influential Borough. Yes, sir, I feel that you have done me a high honour in com ing here to night (Hear, hear.) I say that I want words to give expression to the feelings which I labour under at this moment ;—then what shall I say to you all, or how shall Ibe able to impart to you, or make you ' comprehend the rapturous feelings of pleasure which your kindness has engendered in my heart ? Words, mere words, can at beat but faintly depict the gratitude I feel. (Cheers.) Were Ito look upon this assembly as an ordinary meeting of friends for the sole p:srposes of conviviality, I should be doing you and myself a great injustice. I know from past experience what wonderful effects arise from well timed kindness, such as that of which this night lam the grateful recipient. Yes, Mr. Chairman, I am satisfied that this night will have con siderable influence on my future career in life, at all events, it will stimulate me to endeavour to make my self more worthy of the friendship of those friends around me, and that of all good and upright men. (Great cheering.) The past has taught, me that the ladder of life is difficult to ascend even with moderate success, and the incertitude is great how far up we may reach. I have always, therefore, cherished with warmest affection the recollection of every kind act done me in my earlier struggles in life. I hope, then, to remember this night with feelings of much pleasure, as long as it may please God to grant me to live, it shall be remembered by me as a particular epoch from whence to date my entry into a new life, and its effects, I am satisfied, will be most beneficial to me. (Great cheering.) Having taken upon myklf the duties of a senator, I shall, with your permis sion, without entering into the troubled arena of politics, explain my views upon one * or two points which mate rially affect or interest the great bulk of the family of mankind in a social point of view, and as it has been laid down by writers of authority, and accepted by the world at large, that Constitutional Governments are but social pyramids, the apices of which are, as it may so occur, either emperors, kings, or queens, and that the bases of such constitutions are the people, yes—the peo ple—the busy bees that labour and create by their indus try the wealth of nations, and without whom kings, queens, and emperors, would be of little importance. I say that I mean at all times to identify myself with all measures that I think have a endency to raise the people to their proper and natural position in society ; and amongst those measures most hkely to be refit them, I look upon a good sound moral education a 3 the first and most important, for by education you elevate the natural man, and cause him to have true selfrespect, thereby making him a good father, a good neighbour, and a useful citizen. The next point of imPortance is to see that the people are allowed to have a power in the formation of the laws by which they are governed ; at the same time it is a mock ery to give a power to the people that they cannot use with perfect freedom, and under the present state of things the people are not free agents in the exercise of their elective franchise, therefore I should throw over them the protectior of the Ballot, without which protec tion the people's Reuse of Commons can never be what the Constitution oiginally intended it to be—the reflex of the opinion of thi people of this country." Mr Brady then shortly dwelt en the benefits which the country de rived from free trada, and concluded by calling the atten tion of the company to the great abuses which existed in the administration ef the funds of public charitable trusts. He said that there was public money sufficient, if pro perly administered, to educate the whole of the poor of this country ; and le illustrate the proposition, he point ed out one fund atone, which was left by Alleyn, the comedian. At the time of his death the property was only worth 8001. a ;ear ; but now it is worth more than 12,000/. a year, yet the institutions which he formed have not been extenl e d or improved. The meeting afterwards separated, delighted at the happy and convivial evening which had been so agree ably passed; COLLIERY ExPLotioN.—An inquest has been held on a collier named *Takes Farnworth, of Singing Clough, near Bolton, who hLd lost his life by an explosion of gas 'in a coal mine. Tht deceased worked in one of the coal mines of Messrs. Klowles and Stott, at Singing Clough, and on Wednesday :ast, after leaving the face of coal at which he was workilg, he returned with a naked candle. A quantity of foul gis accumulated inlthe place instantly exploded, and he vas much burnt. He was carried home, where he dieC on Friday. Fortunately none of the other workmen were injured. The jury were of opinion that Farnwyrth's death was entirely owing to his own want of carq and found a verdict of " Accidental death." [AnvEunsEmENT.J—The Royal Exhibition.—A valu able newly invented very small powerful Waistcoat pocket g l ass , th e sze o f a walnut, by which a p erson can be s een an d k nown 14 mile's distant, they ans wer every purp ose on th e R ac e-course, at the Opera-houses, country scenery, and s hips are clearly seen at 12 to 14 miles ; th e y are invaluable for Shooting, Deer Stalking, Yachtin g , to Sport: me n, Gentlemen, Game - keepers, and Tourists —To. be I:a,d .at 39, Albemarle - street, Picca dilly ; ob serve opposite the Y or k Hotel. T e l esco p6 s .— A new an d most impor t an t invention in Telescopes, possessi ng suck extraordinary powers, that some, 31 inches, with an ectra, eye piece, will show distinctly Jupiter's M oons, Saturn ' s Ri ng , and the double St ars; with the sam e T e l escope , weighing only 3 ounces, can be seen a person's countenance, 31 miles distant, and an object from 16 to 20 miles • they supersede every other kind for th e W a i s i coat pocket, and are of larger and all sizes, with increaing powers accordingly. Opera and Race-course glasses, with wonderful powers ; -an object can be clearly seen from 14 to 16 miles distant. Messrs. S. and B. Solomoas, Opticians, have invented invaluable preserving Spectatle Lenses; immediately they are placed before imperfect vision, every object appears clear and distinct, the most aged defective sight becomes bright and brilliant, is brought to its youthful, natural, and original state. l'he invisible Organic Vibrator, and all kinds of Acoustic instruments for the relief of extreme deafness.-39, Albemarle-street, Piccadilly, observe op posite the York aotel. .~tk'_ J LAW INTELLIGENCE. HOUSE OF LORDS.—Nov. 22. APPEALS-GIELS V. DICKENSON. This was an appeal from the Scotch courts, and involved the quTition whether a wife who has ob tained a divorce a puma et there in the Ecclesiastical Courts in England can obtain a divorce a vinculo matrimonii in the Scotch courts. The appellant is Mr. J. E. Giels, the son of Colonel Giels, who was the proprietor of an estate called Dumbuck, in Dumbarton shire. He was born in 1813, and in 1834, being then about 21 years old, obtained a commission in the 4th Light Dragoons, joined his regiment in India, and re turned to England in 1837, when he passed some time at his father's house in Dumbartonshire. In June, 1838, being in England, he became acquainted with Miss Dickenson, a lady of large fortune, about 18 years of age, and a ward in Chancery, and in October of that year he married her, at Shinfield, in Berkshire, where her pro perty was situated. After the marriage they had no settled residence, but lived in a fu rn i s h e d h ouse, an d went on a visit to olonel Giels, in Scotland. In Feb., 1843, by the death of his father, Mr. Giels, the appellant, succeeded to the estate of Dumbuck, in Dumbartonshire. In September, 1845, the parties being then in England, Mrs. Giels separated from her husband and insisted on a divorce. In October, 1845, the husband instituted a suit in the Ecclesiastical Courts in England for a restitu tion of conjugal rights. By the modern practice of the ConsistoriaL Court, if a wife resists such a suit on 'the ground of adultery or cruelty, she does not institute a cross suit, but puts in a responsive allegation, which concludes with a prayer for separation a mensa et thoro ; and this throws the initiative and the onus of evidence on her. This was done by Mrs. Giels, and a final decree was pronounced by th e A rc h es Court for a separation a mensa et thoro in April, 1848. In May, 1849, Mrs. Giels, the present respondent, brought an action in the Court of Session in Scotland for a divorce a vinculo matri monii. Mr. Giels, her husband, the defender in that suit, put in several pleas, of which the two first were now in question—viz., "that the pursuer, his wife, was a native of England, and that the marriage was con tracted and solemnised in England, and, therefore, that the Scotch courts had no jurisdiction or power to dissolve the marriage ;" and, secondly, "that the pursuer had in stituted a suit against him (the defender) in the Arches Court in England, and that a sentence of separation a mensa et thoro had been decreed by that court, which was a bar to the action." In November, 1849, the Lord Ordinary, by an interlocutor (which was not in the pre sent appeal), repelled the first defence as to the jurisdic tion of the court, and reserved the second defence. On appeal to the Inner House that judgment was confirmed in December, 1849, and the cause was remitted to the court below to proceed on the second plea. In July, 1850, the Lord Ordinary repelled the second plea by his interlocutor, and on an appeal to the Inner House his judgment was confirmed—thus establishing the right of the wife to proceed in the Scotch courts for a divorce, notwithstanding the sentence of the English Ecclesiasti cal Court for a separation, a mean et thoro. Against this decision the appeal now came before their lordships. At the conclusion of the argument, their lordships postponed judgment. QUEEN'S BENCH.— Nov. 22. ACHILLI V. NEWMAN. (Continued from our Third Edition of yesterday.) Sir Alexander Cockburn then moved for a rule to show cause why a new trial should not be granted in this case on the ground of misdirection, of the verdict being against evidence; and of the exclusion of evidence. The Attorney-Gene'ral said he thought his learned friend was out of order in moving for a new trial now. Such an application ought to have been made within the first four days of term. Lord Campbell said that it was never too late for jus tice to be done. In the present case the Court would overrule the objection, but it was most desirable to main tain the rules of Court, and all applications in future must be made within the usual time. Sir A. Cockburn then proceeded to comment on all the charges brought against Dr. Achilli, on all of which, except the 19th, the jury had pronounced him innocent. The learned counsel relied most particularly on the case of the woman Principe, who deposed that Dr. Achilli had had criminal intercourse with her in the sacristy of a church at Naples. All these charges, he contended, were proved most satisfactorily, and none but the twelve gentlemen in the box could have refused to credit.them. It was evident that there existed a strong religious bias in the minds of the jury—(applause in the gallery)— and he firmly believed that in consequence of that justice had not been done. With regard to the misdi rection, he rested that upon the fact that the Lord Chief-Justice, who had tried the case, had directed the jury to receive the judgment of the Inquisition put in by the defence, simply as evidence of the fact that such a judgment had been pronounced, but not as any evidence of the facts on which the judgment was alleged to have been pronounced. The allegation of exclusion of evidence he grounded upon the exclusion by the Lord Chief-Justice of the article in the Dublin Review, con taining the same libel as that which was the subject of the present prosecution, and published a year and a half before it. The Court having' consulted together, _ Lord Campbell said the learned counsel might take a rule nisi , on the ground of the ver di c t b e i ng aga i nst evi dence only. Rule nisi accordingly. This announcement was received with applause from the galleries. Dr. Newman, during the whole of the proceedings, sat under his counsel, and appeared to be engaged in reading the "Office." COURT OF COMMON PLEAS—Nov. 22. HARRIS V. THOMPSON-SLANDER. This was an action of slander, and was tried before the Chief Justice at the sittings in Middlesex after last term, when the jury found a verdict for the plaintiff for 1501. Early in the present term, however, a rule was obtained to enter a verdict for the defendant, or for a new trial, and to-day this rule came on for argument. The facts out of which the action arose were these : The plaintiff was formerly secretary to the Brewers and Distillers' Insurance Company, and also auditor of the London Necropolis Company, and' the defendant was a director of each of these companies. The plaintiff had some charges preferred against him as secretary to the insurance company, and was dismissed, and subsequently the defendant brought this circumstanee before the Necropolis directors in the plaintiff's absence, and stated that he had been dismissed from the secretaryship for obtaining money under felse pretences from the solici -1 tors to take up a bill of his own, and for giving an I 0 U of his own for a petty cash debt due from the company. The defendant on this occasion proposed that the plaintiff should be dismissed from the office of audi tor, but upon the suggestion of the chairman it was re solved that the matter should be investigated, and that the plaintiff should have notice of the meeting for that purpose. The consequence was that the plaintiff at tended with his solicitor, but the defendant declined to make any statement in the presence of the solicitor, and upon that gentleman offering to withdraw he also declined to make his charges in the presence of the plain tiff himself. At the trial his lordship was of opinion that the communication made by the defendant to the Necropolis directors was privileged ; and he left it to the jury to say whether the defendant had acted malici ously, and they were of opinion that he had so acted. The principal point now for the consideration of the Court was, whether there was any evidence of malice, which was left to the jury. The Chief Justice said he was of opinion that he was wrong in leaving this case to the jury ; and that he ought to have witl4rawn it from their consideration, upon the ground that there was no evidence of express malice for their consideration. Rule absolute accordingly. CENTRAL CRIMINAL COURT. CONSPIRACY.—W. Jarrett and H. Keen, surrendered to take their trial upon an indictment for a conspiracy to defraud. The prosecutor of this indictment was Mr. Pinnock, a flour and corn factor, carrying on his business in the Harrow-road, and also at the Corn Exchange, and from his evidence, and that of the other witnesses in the case, it appeared that he had been made the victim of a very ingenious and deliberate system of fraud, practised upon him by the defendants. It appeared that in July Keen called upon the prosecutor at the Corn Exchange, and intimated that he was in a position to recommend him some very good customers. The prosecutor had known him about two years before, at which time h e was i n t h e service of a respectable firm, and, entertaining no suspi cion, he agreed to accept of any customers he might re commend, but at the same time told him to take care not to introduce him any but good ones. Instead of doing this, however, all his customers, of whom Jarrett was one, were men of straw, who conspired with Keen to cheat the prosecutor, which they succeeded in doing to a serious extent. The jury without hesitation returned a verdict of guilty against both defendants. The defendants were then sentenced to be imprisoned and kept to hard labour for eighteen months. RAILWAY SHARE MARKETS. LIVERPOOL, Nov. 22. STOCK EXCHANGE.—The share market has been very firm throughout the entire day, and closed strong at im proved quotations as follows :—Aberdeen, 15 ; Birkenhead (late Chester and Birkenheml, 21 ; ditto, £22 shares, 2 dis. ; Bristol and Exeter, 106; Caledonian, 31i; Eastern Counties, 12i ' • East Anglian, £3i share, guar an t ee d 6 per cent., 3a ; East Lancashire, 19i ; Great Northern, 218 ; Lancashire and Yorkshire, 881 ; ditto, West Riding Union, 28 dis. ; Lancashire and Carlisle, Thirds, 11i p. ; Leeds Northern (late Leeds and Thirsk), 19 ; London and North Western, 124 • ditto, Fifths, 48 p. ; M anc h es t er, Sheffield, and Lincoln, Preference Shares, 11 7-16 ; Midland, 794 North British, 9 9-16 ; ditto, Preference, 5 1-16 ; St. Helen's Railway and Canal, Prefer ence 4i per cent., 9-16 and . ; South Eastern and Dover, 24 • York, Newcastle, an Berwick, 18i ; York and North Midland, 291. MANCHESTER, Nov. 22. STOCK EXCHANGE.—There has been more activity in the market than of late, and prices have slightly advanced. Blackburn, No. 1, 7 ; Caledoni an , 31i ; East Anglian Pref. Six per cent., n ; Easte rn C oun ti es, 12,1 • East Lan cashire, 19a ; Fleetwood, 7} di s . ; Great Northern Six per cent., 15i. ; Kendal and Windermere, 13i c. ; Leeds, 83; Matlock, 3 1-16 ; Midland, 794 ; south Eastern, 23 12-16 ; Berwick, 19. LEEDS, Nov. 22. STOCK EXCHANGE.—There is very little doing to-day, and prices are unaltered. The only transactions aro as follows Caledonians, 314 ; Leeds Northern, 171 ; and Little North Westerns, £Bl9B 9d. POLICE INTELLIGENCE. SOUTHWARK.—In the course of the day Mr. Phillips, the patentee of the fire annihilator, waited upon Mr. A'Beckett for the purpose of soliciting his advice under the following circumstances : The applicant said that within the last few days he had received information that the company formed for the manufacture of the' fire annihilators had premises in Great Suffolk-street, in the immediate vicinity of this court ; that the ingredients, which were of a highly in flammable nature, were permitted to lie about in so negligent a manner, that danger was to be apprehended of an explosion, if great care was not taken. Acting upon the information he had received, he called at the manufactory that day, with the view of inspecting the place where the materials were deposited, and pointing out to the person in charge the necessity for the utmost caution to be observed, especially in such a crowded thoroughfare. He, however, was refused admission, and had therefore determined on calling at this court, in order to acquaint his worship of the circumstance, and to ascertain if proceedings could not be adopted to prevent any casualty that might arise from carrying on such a dangerous process in so populous a neighbourhood. In reply to Mr. A'Beckett, the applicant said that he had reason to believe the man in charge of the place of which he complained was totally ignorant of the chemi cal nature of the materials used in the manufacture of the fire annihilator, and that therefore he would not be expected to use that degree of caution which it was so necessary to observe. Mr. A'Beckett sent Sergeant Baker to request the foreman of the manufactory to attend, and on presenting himself, in reply to the questions put to him by the ma gistrate, he said he was foreman at the place in Suffolk street belonging to the company; that he did not under stand the chemical properties of the fire annihilator, but that he was aware of their explosive nature in the event of any fire coming in contact with them in the course of manufacture. Mr. Phillips repeated, in the hearing of the foreman, the great caution necessary to be observed where any portion of the manufacture of the ingredients composing the fire annihilator were carried on, and Mr. A'Beckett pointed out the heavy responsibility on the foreman in the event of any accident arising after the caution he had received. The applicant having thanked the magistrate, then withdrew. RAILWAY INTELLIGENCE. MONMOUTHSHIRE. The half-yearly meeting of this company was held on Wednesday at Newport, Mr. T. W. Booker, M.P., in the chair. The report of the committee of management congra tulated the shareholders on the increase which had taken place during the last six months in the value of their property. The committee have been enabled to pay, in cash, the amount of deferred dividends not previously liquidated, by the issue of preferential shares in payment of those dividends. The revenue account shows a balance of 9,2141. available for dividends, out of which the com mittee recommended dividends, payable on the 31st De cember next, at the rate of 5 per cent. per annum, less income-tax, on the preferential shares ; and at the rate of 4 per cent. per annum, free of income-tax on the ordinary shares. On the Ist of July th e Pontypool Railway was opened for passenger-traffic only, between Crane-street, Pontypool, and the Marshes turn-pike gate, Newport, since which the receipts have averaged 1001. a week ; and it is expected that a considerable addition will take place on . the further opening of the railway to Abersychan and Blaenavon. As on this further opening and the extension of the railway intl Newport, and the adaptation of the lines to Nantyglo-gate and Beau fort fore locomotive engines, a large additional traffic will have to be conveyed by the company, four powerful locomotive engines have been contracted for. It has also been found necessary to purchase six additional pas senger carriages, and as the traffic becomes developed further charges on capital for engines and carriages will arise. Since the last meeting, in May, the committee have entered into contracts for works and materials to the extent of 26,0001., for furthering the improvement of the company's roads. The existing obligations and the intended works will require an additional capital of 170,0001., and it is intended to apply to Parliament for power to raise that sum. The report of Mr. D. Jones, the engineer, stated that all the works would probably be finished in the summer of 1853, and upon their com pletion the whole of the tramroads and railways belong ing to the company, excepting about four miles of branch roads, will then be opened for passenger traffic, being about twelve miles in addition to those already opened. Resolutions were passed adopting the report, declar ing a dividend at the rate of five per cent. per annum on the preference shares, and four per cent. per annum on the ordinary shares, and authorising the committee to apply to Parliament for powers to raise money to con struct certain lines of railway, and to amalgamate with the Newport Dock Company. The meeting then separated. GREAT WESTERN AND CITY JUNCTION.—Among the projects for new lines of railway is one to commence at the Paddington station of the Great Western Railway, and pass through certain meadows to Kilburn, the Finch ley-road, and Haverstock-hill, and terminate by a junc tion with the East and West India Dock line near the Grange-road, Kentish-town. It is intended to afford railway.communication from the Great Western Rail way at Paddington to the city, and vice versa ; and also to and from Bayswater, Paddington, Maida-hill, St. John's-wood, Kilburn, and Finchley-road. The cost of the line is estimated at 275,000/., or about 65,000/. per mile ; and it is stated that a traffic of 1001. per mile per week will pay a dividend of 5 per cent. on the outlay. OXFORD, WORCESTER, AND WOLVERHAMPTON.—It is understood that a further portion of this line—from Stourbridge; the present northern terminus, to Dudley —will be opened for public traffic on the Ist of Dec. The coal traffic on this portion of the line has already commenced. . LEEDS NORTHERN.—There are two plans, 'of which notice has been given, to conjoin the Leeds Northern line with Sunderland. First, by the proposed Sunder land and Leeds Northern Junction Railway from the Coxhoe station of the Clarence Railway to Sunderland Docks, with a station in Bishopwearmouth ; second, by means of a branch railway from the Stockton and Hartlepool Railway at Greatham, joining the York and Berwick Railway at Haswell. NEW FOREIGN RAlLWAY.—Yesterday there were no Less than three New Foreign Railway schemes intro duced to the Stock Exchange, the most important of which is to form an extension to Korsoer of the railway between Copenhagen and Roeskilde. The capital is fixed at 535,000/., upon which four per cent. is gua ranteed by the Danish Government. This line altogether will be 68 miles in length, and will greatly reduc e th e length of passage between Sweden and Norway and Ger many, besides- greatly abbreviating the trajet between these northern countries and the west and south of Eu rope:. The contractors are Messrs. Fox, Henderson, and Co., and the undertaking has very influential patron age in the Stock Exchange. The Danish Government has earned for itself so distinguished a character for strict punctuality in meeting every claim arising out of its public debt, that it deservedly possesses the confidence of capi talists. The Lucca and Pistoja Railway Company is also on the market to raise 150,0001. by an issue of 33,000 preference shares of 51. each. This line, under concession of a special decree from the Government of Tuscany commences at Lucca, and passing through Peschia, terminates at Pistoja, being a total length of 26 miles. The first section, from Lucca to Peschia, or 15 miles, is now, open for traffic, and the capital expended, amounting to 280,0001., enjoys a guarantee of 4 per cent, from the Tuscan Government. The application to this market is for the means to finish the rest of the line, and upon this preference capital 5 per cent. per annum will be the minimum guaranteed interest, secured upon the Government guarantee, and the property and revenue of the railway. After the ordinary shareholders have received 21 per cent., the preference proprietors will also come in for one-half of subsequent profits over and above the guarantee of 5 per cent; The Lake Constance and Basle, Railway is the third undertaking calling for notice. This line has strong local support of an official character, and constitutes the first section of the Northern Railway of Switzerland. The line will be 30 miles in length, and is to run from Rorschach, through St. Gall, to Wyl. The capital required is 480,0001., of which nearly one half has been already subscribed on the spot, and 4 per. cent interest is to be paid till the line is opened. PROPOSED AMALGAMATION OF RAILWAYS.—ParliaMent Will soon have to consider several applications for amal gamation—the London and North-Western and the Midland ; the former company and the North Stafford shire, and the Newport, Abergavenny, and Hereford Railways, together involving an aggregate expenditure lof capital up to June last of 5 1,840,133/. The York, Newcastle, and Berwick Company have given notice of application to Parliament for power to amalgamate with the York and North Midland and the Leeds Northern, involving an expenditure of about 19,000,000/. up to the 40th of June last. The London, Brighton, and South COast, with the London and South- Western involving nearly 16,000,0001., which will probably be proposed for amalgamation with the London and North - Western; should Parliament sanction the present ambitious views of the directors. There is also some expectation that the Great Northern will propose amalgamation with the Midland, and thus increase the proposed united capitals by the sum of 10, 000, 300/. Should Parliament sanction amalgamations to the extent at present contemplated by leading railway men, including the Great Western, 18,000.000/. and the Lancashire and Yorkshire, 12,000,0001., it is estimated that the total amount of capital in one company will no be less than 110,000,000/.—Herapath. FIRST ACT OF THE NEW PARLIAMENT.—The first act of the new Parliament, which was passed without being printed as a bill, has been issued. The first act of the new Parliament was appropriately passed on account of the Duke of Wellington, as the first paragraph of her Majesty's speech had reference to the great warrior. The preamble states, "Whereas her Majesty, in testi mony of the pre-eminent services of Arthur, late Duke of Wellington, has been pleased to direct his body to be interred in the Cathedral Church of St. Paul, with so lemnities suitable to the occasion, and the 18th day of November has been appointed for such funeral." It is then enacted that the provisions of 7th and Bth George IV., chap. 15, and 6th and 7th William IV., chap. 58, with respect to bills of exchange and promissory notes, payable in the metropolis on fast days, &c., shall extend to bills, &c., payable on the 18th of November. Notarial charges occasioned by the act are not to be thrown on the acceptors. The metropolis is defined for the present occasion to include the cities of London and Westmin ster and all places within ten miles in a straight line, of St. Paul's, COUNTRIES. America (bylirit.pack.ll America (by United Sts., packet) .. ........ America (by IL States packet Australia (via. South- ampton Ditto (zia Marseilles) N *Ditto (via Cape of Good Hope .. Africa (West Coast) ..N lexandrl4* ........ N Belgium ............N Brazil ............ Buenos Ayias California .......:.. bi tCape of Good Hnpe..N Cape de Yards Constantinople... ..N Central America Af Channel 151 a.... ..N France Greeee* Hamburgh ..........N Rolland ............ Honduras N Ireland ... .M & N India (viaSouthampt.)M India (via Marseilles) N India (via Caps of Good H0pe)........ Mauritius ..........N Mediterranean (via Southampton.... ~.11 Ditto (via Marieilles).N Mexico . . . Madeira Malta' .......: :AV Naples* N Papal States*....., ..N Peninsula .......... Peru Tuscany* ..........N West Indies Van Diemen' s Land(see Australia Nbv. 25 . Nov. 30.. •...... Yov. 24 .. 20th of each month 24th of the month 2nd of December t3rd of the month. 19th&30th of mon. Daily.... 9th of the month th of the month d & 17th of month 14th of the month-, 14th of the month 7thl7th27thormon. 2nd & 17th of mon. 3.10n.Wed.& Friday td & 17th of month Twice daily 7 thl7th27thofmon. Tuesday & Friday Wednesday & Sat 17th of the month Twice daily Vint of the month.. Bth& 24th of month 4th of the month 4th of the month, 20th of the month , 4th & 24th ofmonth lnd of the month. 9th&23dof the mon. . 7 th,17th,19th,27th, 3c30 th of the month sthlsol2sthofmon. thlsth2s thofmon. , thl7th27thofmon. 2d & 17th of month sth 15 th2sthof mon, 2d & 17th of month, Liverpool .. Liverpool ... Isouthamptonl Southampton Dover ...... Plymouth . Plymouth . Dover ...• • • Dover Southampton Southampton Southampton Plymouth ... Plymouth .. • Dover .. Southampton Southampton 4 outhampton Dover • • • Dover • • London ... • • London . • • Soulham pt OD Holyhead ... Southampton Dover .. •• •• 117; - 9 I ' N 04.0 14 4i 0 14 ri ot A ID t , ,01 Aid' Ye• patif i g pec• t o PM • ' I Dec' 0 , , voi'• No r ' 30 N o y r• i 0 Dec 1 .9 Tu;" I d i Dec ;•,,w Tw t g o , • Sun i 6 Tr , . -e el Ail 1 Dot,' Plymouth ... Plymouth 4 outhampton Dover ...... Southampton Southampton Dover .... .. Dover ...... Dover .....• Southampton Qoutbampton Dover Southampton 1 * The malls for Australia via the Cape of Good Hope are P t ; ;Ts on the second of every alternate month. Those made uP e/ 7,1* 20th and 24th of each month v i a S outhampton and Marg e t /so sent by sailing vessels at present from Singapore, but te es P - , f e they will be sent in steamers. Th e P ost-off i ce anthorivo given notice that the Austrian mail steamer which oughtdefr P ymouth on the 3rd of next month will no t b e dispatched w" for 14th proximo. lw t Malls are also made up on the 2d of every alternate tll, the Cape of Good Hope. —The malls which o ug ht t o be uveo the 1 4th will not be dispatched before the 25th. * The mails to those countries thus m ar k e d (*) are CO French packet to Marseilles. AUSTRALIA AS IT IS ; ITS SET,TLEMENTS, FOe s tte ll. GOLD FIELDS. 2 vols.—At a time when so mu 0",,,, pr e ; tion is directed to Australi a , a wor k d escr ibing ""P i - aolt) sent condition of that territory, and its wonderfli;iii be Fields, from the pen of a pra c ti ca l m i nera l o gist:trol i : hailed by , all classes as a great acqu i s iti on . "` A ti°_ji AS it is, does indeed supply a var i e t y o f inforlow that has long been wanted, and w hi c h b r ings c° life in Australia, from Sydney to th e remo t es t settle° or vividly before' us. The author, Mr. Lancelott , yelled over the whole of the ex pl ore d t rac ts of W o os , country, and dots down his experience, his adl ex' n f sl e a and his shrewd and valuable o b serva ti ons , 130 4 ` - 0 3 ' and things, in a manner not easily to be forgotte%' iAsfi work ought to be in the hands of every one wh o for information regarding these rich possessions. BIRTHS. OF A SON. 1440 On the 19th inst., a t G eorge - street, D um fries) t he of John Lindsay Scott, Esq. OF A DA.IIGHTER• I, e lche 3 th On the 21st inst. • at 8, Blackheathzten - ace , 13 Mrs. Arthur Norton. w an ds's° On the 22d inst., at Brentwood-lodge, common, the wife of Henry Grisewood, - MARRIED. ~„ job° On the 6th inst., at St. Paul's, Deptford, it- ice , t° Robinso n , late Superintendent of Metropolitan -l ii ikleri Alice, youngest daughter of J. Wright, E.' Woolwich. sq Alf ry On the 19th i ns t., at Bloomsbury C hapel, --- gf . un ge o Hill, of Ki ng - s t ree t , Bloomsbury, to Louisa, r daughter of the late Mr. Richard Hughes. _________/ da1 61.4 DEATHS. On the 19th inst., at Godmersham-park, Sent, -- BiCrliloginghhtttogielE,2Boqt.h' agedi inst. st. at, Bs. anar e ' her residence, 18, BegencPsn-=f tbe Mary. relict of the late P. Cloves, Esq: a Rookery, Woodford, Essex. On the 20th inst., the wife of Edwin Corbett, -r 4g " Tilstone-lodge, _Cheshire. CO' On the 21st inst., at her residence , North-terrace, vsq., berwell, Elizabeth Mary, relict of the late J. Fraser, of the same placd; aged 80, -....! 50 12 0 s London : Printed and Published by 31178D0 YOE 1_ 1 No. 112, Strand, Printer, at The Sun Office oS Strand, in the Precinct of the Savoy, in th e cotinv , iblicidiGsex, Tuesday, November 23, DO% WELLINGTON. Britannia, plunged in sorrow by the death Of him who was in all her ehiefest son, Sadly proelahhed in tones of falt'ring breath, That one last honour to his name be done. That solemn scene of grandeur has gone by, To which the nation opened all its heart. The pageant was sublime ! The very sky Seemed in its glory bright to bear a part ; For not a cloud obscured the golden sun That saw the tomb close over Wellington ! His bright career was brilliant to the last, And worthy of his name the closing scene ; Not e'en the breath of malice sought to cast A single stain—where stain had never been. - Upon his brow a nation's eyes were bent ; Towards his tomb a nation's heart was turned ; And up to Heaven that nation's prayers were sent For him in solemn grandeur thus inurned— For him—the nation's highest, noblest son— Her patriot chief—unconquered Wellington ! See, from each point how countless thousands pour To give their silent homage on the day To him they sadly mourn for and deplore— The mighty hero Death has snatched away. Slowly amidst that multitude there comes The solemn pageant moving to the tread Of England's heroes—as the muffled drums Proclaim the coming of the mighty dead. And there conspicuous o'er them all appears The bier of him who has the nation's tears. In deap solemnity it moves along Towards the sleeping hero's resting-place ; And as it passes through that silent throng Pride, mixed with sadness, animates each fa :0 ; For there, upon that passing solemn car, Appear the trophies which the hero gained For England in her troublous time of war— Trophies which ne'er by cruelty were stained• There, too, emblazoned, were those noble nam( 0 Through which our Wellington his glory claim Names which shall shine in history while her r itsg Shall be a light to nations yet unknown — Names which shall live in every distant age— Their glory second only to his own. With them he rose to Fame's exalted height— By them his name obtained a world's esteem. Through them he showed the nations that his mig ht Alone could their lost liberties redeem. They left but one more glory as his due In thy great triumph, wondrous Waterloo ! The tomb has closed upon him, and he sleeps Beneath that dome that is our city's pride ; There, o'er that honoured tomb Britannia wec And mourns the day that her great hero di , But still above her sadness there she feels One solace to assuage her heavy grief. As by her mighty hero's tomb she kneels In silent sorrow—this is her relief : She hears the voice of universal Fame Stamp everlasting glory on his name. COUNTRY MARKETS. The following is the of of corn, &c., received in 1 in Essex, fronethe 15th i inclusive : iicial statement of the glum he port of London from OA o the 20th November, 1852, 8 -41 7- 4 .% Pei P " Colchester Harwich 560 -- -- Leigh Maldon 621 98 10 8 51 1(. CHELMSFORD—Nov. 19. Prices to-day we re as f o ll ow : —Wh ea t , w hit e, old- , 44554 a id l to 54s Od, new 42 s t o 53 s ; re d , o ld 49 s t o 46 5, new - 41s ; barley, 26s to 30s ; chevalier, 283 to 33s ; GI !! 13 00 to 21s to 27s ; malt, 55s to 56s ; chevalier, 55s to 58 s ; 19s to 253•; peas, partridge, 30s to 35s ; white, 310 t c 0 boiling 37s to 40s ; dun, new, 29s to 34s ; beans, ' to 34s ; harrow ticks, 31s to 36s ; mazagan, 290 to ,V. COLCHESTER—Noy. 20. to P I; Prices to-day were as follow :--Wheat, white, 42 $ o' 4 red, 36s to 45s ; barley, 28s to 34s ; oats, 18s to 24s ; potO mazagan, 30s to 32s ; middle and small, 342 to Se 0; white, 40s to 42s ; grey, 30s to 325. KIRKALDY—Nov. 20. The following are the quotations for grain : f fi s , Wheat. Barley. Oats. Pe 3- 0,1 First Secood I Third 3Bs Od 24s Oct 17s Od Oatmeal, per bag of 2801bs imperial, 28s Oct to 29a " COAL MARK Prices of Coal per ton at ti ET—Nov. 22. he close of the market. , Hetton 186 Kepler Grange Lambton Stewart's ... South Hartlepool Adelaide Tees • " .14 1 4 Pease's West Tees Nixon's Methyl. & Car' d .4 4 Gwaen Cae Gurwen s. d. Hasting's Hartley 15 9 Howard's West Hartley Netherton 15 6 RavensworthW. Hartley 15 9 Tanfield Moor l5 3 Tanfield Moor Butes 15 0 Wall's End, &c. Gosforth 16 0 Harton l6 0 Eden Main 17 0 Belmont 17 01 Ships at market, 7' Sold, 34. SEABORNE MAILS. [N signifies that the mails are sent from the General P g'" - by the night—and M by the morning —dispatch.] _ Day when made ui In General Post- Office, London. From what Port diaratched. iiil;:` ._d -.. the toin and said Pow Pad! wit Pape (nap( Ot. i( of 111 (livid tgor( deliv Al to he l'Iln( Office of tit, Th extre mlun Th, holde made all th time. Priati tages 116 1 ncrea The the It The 'nem assort Tab then 9,, , -ILT It. Bla F• Lei Charle 'Prillial B. Q• The wecem A ssure 15 00 *lOO E thirty z 24/. io th, r, 22/, Tolley , Th e only of I , rune 'Ever Ulreeb LC/ to advi 1101 d 0 l ower to the T( The PAN equital liberal t(3Pect B' mice, c Debt ot 1400, ai be 1, 48 t he be Gs beoc street, (20 Ni N i p , The ' - 'eDOBl . ani 1:8 9. y I Co rn tW ent3 Of Assn and uni a ball tom' of i n ban(