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

airpose, would meet with the general approval of the House. Lord J. RUSSELL was 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) . NAPIER, who was most imperfectly heard in his opening observations, rose in 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 researehes 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 lature—a circumstance of which designing persons had takbn advantage to inflame and disturb their minds. He did not hope to meet such expectations, as he only hoped to do what wan practical, and must therefore be limited in pxoportion. 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 tho law of landlord and tenant, and pro ceed to say that, wishing to be as completely informed as pessible on the subject, he had employed two gentlemen to make a detail report 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 ceiened the book which you were so kind as to send me— your work 'On the tenure and. improvement of land in Ireland, &a., &c.' I deferred acknowledging the gift until 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 satisfaction end most useful information. It is a work which exhibits industry and research, professional know ledge and tallelt, jiulicions 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 mands 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 effeet to its wise recommendations, is my sincere wish." Of the ihformat'ion furnished by these gentlemen he had largely availed himself. Looking at the state of Ireland, he believed that the present was the most fitting ivomant for the revision of the code. Landed property, was rasing in value, some estaltes 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, heap() Next she required an ar rannement of the land question, for being an agricultural country, she could. not expect commerce and manufactures until idle had first attained full development in agriculture. The land question wen attended with two classes of diffi cußies, 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, :anther the parsons ; sometimes it was charged to British policy, at other 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 had become history in the reign of Victoria. Davis remarked that the 'ancient customs of Ireland which made nngeriein the right of property was the true cause of the barbarism and desolation of the land. Spenser also de precated tilie Irish system, and it was remarkable that up to a very recent period a very lar g e portion of the country was still occupied by t enan t s a t 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 that the people did not understand English it was dewed that to accommodate them the church service should be read in Latin. (A laugh.) They had-pressed on the union before there was a.ssimulation, and as a general rule their feed* had been to press too hardly on with such legislation. The land had been granted to absentees who in turn handed it to middle men , an d th e 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. Mr. Pitt had testified ' how Government had shut out Ireland from commerce with eur 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 tho 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 neeensary of life to the people, and was subject to the severest competition in consequence, to regulate its value as you could in a ,England or Scotland, and true result was, that when things were brou'ght to their natural level, and war prices no longer prevailed, the whole str.te of property in Ireland was found to be vicious. The multiplication of forty shilling freeholds for political purposes had also, by increneing the number of small holdings, increased the difficulty, and it might be added, that cornaption 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 ISI9, 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 great difficulty of Ireland; and the latter suggesting as remedies—extended facilities for the sale and transfer of Pend, 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 of their in quiry 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 *pm it, living on the potato with water only fortheir beverage, could of course do nothing. And besides triise . 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 remelt was that at the time of the commis sion, 11 ens 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 &4WD/ of Friends, recently published, and which was also a most valuable doetiment, stated that at the period of the' laminae, when all the world sympathised with Ireland, there were several districts where there were ample means for reliving the destitution which existed, but where in eceneequence of the vicious state of society, no agency could' be found for carrying out, the charit a bl e intentions of those by whom such means of relief had been provided. All tints Showed the neeessity for some legislation, and he had aceorclitigly endeavoured to apply his mind to devise a way by whielein 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 make improvements—improvements 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 Greek Britain in 184.6, which authorised the lending two millions of money for the purposes of drainage and then there was the Landed Improvement Act for Ireland, passed in the first year of the government of the noble lord (J. 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 sound 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 ; ,yrould refer. After quoting an article from the. Times of Sept., 1850, as to the necessity of greater know-! ledge and capital being brought to bear on the busi ness of Parming, 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 be Ireland— that beineno&nrely agricultural country. (Hear.) Si r R. Peel was qiiife correct 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 pared with others. In the neighbourhood of Belfast, where thereenvese 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 dition to make the necessary improvements on their land ; but it was not so in the purely agricultural d istricts.. Under Sir R. Peel' s ac t s , 2,000,0001. were ap rrtloned to England and Scotland, and 1,000,0001. to aa elan. d , an the amount to be advanced on loan for the tairraskupofi3drainage. In Scotland the money was rapidly vantage the in Ireland the landlords could not take ad in it that tleeelesei had been should only , in conseouence of a condition imposed be granted when the money n howeve eg ` - ` re uZlnnd the im p rovemen t s ma d e. Th i s, amount anth or i se wired in the following session, when the 2,000,0001., an d the .to bo advanced was increased to landlord. being first required to for the works neab a rli b en was then allowed to be advanced pay ithimself out of h• -. 3 edlY been a great belle& Z n a noeket, which had undoubt wag 4,08 5914 eine, as applied for (under that e e e irela ' iiii • The amount of loans some ex*ent for other n ee a ' mainly for drainage, but to &c.,) sub-soiling, farm rnetimes supposed been mantlioned, and 1,287,8,84/ . 1 ,839,g431. had never came back Ho might observe further —f or it ; actually issued. April, that ivhen money was lent to IrelandB it itga in—that of 190,151/. ts. due to 1#3,150X. had been repaid up to th l e e inen Dement in • 1852, .(Hear, hear.) And even this slight defalcation Novemb er. of the officers was owing entirely to the neglect • The drain age g that act had been the means of enabling h e counted =Ler e ry to Weep up Itt.produce of peen and root,crop s — f ,„ it `ceased in a great degree to produce cereal crops evne c hT a i . (mired thorough drairibge. There had been some of this act, remark able instances of the beneficial operation One gentleman, whose estate • • encumbered, indu ce d his wee creditors to assent to his applyingloan. He did fora so, and it was expended on drainage, and the result had been i hat Since then the tenants had paid their rents, his incum brances were paid off, and he had even a surplus. Again. a gentleman in the south of Ireland obtained a loan for drain age, who t se clients were unwilling to have their lands gained, threatened ned, and one of them even him with an action if it attempted, and yet that very tenant hasince d were often paid his ren t punctua 7 , thanked his landlord for h • drained his land, for by means of that on l y had the eying_ land enabledto his himp ax . rent, and even to have a serplue, and be altogether in a prosperoul condition. Ther - • which drainage had doubled the e were inetances in produce of the land, for drainage was particularly adapted. to Ireland, being the climate u.& LXli.:':. THE SUN, LONDON, TUESDAY EVENING, NOVEMBER 23, 1652. 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. LAW INTELLIGENCE. HOUSE OF LORDS.—Nov. 22. APPEALS-GIELS V. DICKENSON. This was an appeal from the Scotch courts, and involved the question whether a wife who has ob tained a divorce a mensa et thoro 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 marriacre they had no settled residence, but lived in a furnished house, and went on a visit to Colonel 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 lz.ing 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 the Arches 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 niensa et thoro. Against this decision the appeal now came before their lordships. At the conclusion of the argument, their lordships postponed judgment. 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. URQUHART 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. SOUTHIVARg.--PUBLIO, 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 th6peo/ile 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. QUEEN'S BENCH.--Nov. 22. ACHILLI V. NEWMAN. (Continued from our Third Edition of yesterday.) Sir Alexander Cockburn then moved for a rule to shim cause why a new trial should not be granted in this ca'e on the ground of misdirection, of the verdict being against evidence, and of the exclusion of evidence. - The Attorney-General 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. POLICE INTELLIGENCE. SOIITHWARK.—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, buf 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 INTELLIC'ENCE. MONMOUTHSHIRE. The half-yearly meeting of this company was held on Wednesday at Newport, Mr. T. W. Booker, M.P., in the chair. • mild and humid, an d money a d vance d f or th a t Object would be, productive of great benefit.. It had, besides, a collateral effect, for every acre of drainage employedi 160 labourers a day, who were employed by task work, while it also enabled many who had no capital but theiri 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 such 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! w w w hi c c h h hawa.deand the Board of Works,' Ireland,aee t accuracy eewouldyo ofofficers bey e 1 estanatbelmedeiltto as examine offi to expected ers elr i n e t c h t : y d e l r ya arise, v n a d a county e n , datneds in t t hunlesse were of opinion that such improvement would amount to . at least 6.i per cent. they were to reject the propositidn. The expense of such investigation would be from ss. to 155.! 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 tlae act for facilitating drainage had given great satisfaction hi 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 settlementa for life on the land, and the difficulty of equitably adjust: hag the interests arising out of them ; and, secondly, the interests of the landlord and the 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 Act, which would 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 of agriculture there could not be green crops without drainage, and the expen- I +liture attendant on it, so it was with flax. The supply of, liar. was not a third of that which was necessary for home consumption in Ireland, and if thousands of additional' acres were chained and subsoiled, 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 ~no 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 acar. he bill now proposed recognised the principle— . 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 le :sing 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 from 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 t o 1848 the rent paid for the whole 12 farms was 12,7151., 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 went 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 clone, 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 regulatine• 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 agietnnent 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, f rom 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 admitted that in a certain time 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 p t?h ro net vi rh c ee l icci i ni o olo n ata,Tuy f d or 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 w b aog e lila a ian p s p (ti e e a fl l ena t n o ddl t iao h rn e ad, assistant-barrister or judge of assize, this certificate would be deemed final. The next lo in rd th a e gai e n v s e t n te t n o a f nt d , i s a p n u d t e t e o il r litigaa!in,;.Yand he provided, while the tenant is entitled, if peryotei c l: w is h e i e z , i te w h o o ui ld d t h h a e v l e an co d m un pe t n il sa th te e d ex h p im ira se t l i f on fo o r f i t m he . n(pileo'o(sivsueectsinsiheninia. ,ittihroolzer hand that if the landlord should dis lareniidtldorude.shAotitilhdepsaamy hi e t m im c e o h m e pe w ns on ti n o o n t , z di possessionprovoked bythe non-pay . tenntgelercoZenot p a il li r l e o ° n:t e c ° o w f l I l i r h e n n t t h i a ; e for fe land 1 o ar r (I ) , the tenant had no right to im fors:apital ; the provision was only 'instances which the tenant, have t contemplated. From ( i lis ng p?s im se pr ss o i v o e n m 'het epdrogfirtelpee cultivation advantag es, ati o of the . in re moving s e p r i o m v i r s i o d l m s e h n e t a ft n t t o i c t i soil ; and in proposing them, his ho that h© was I giving new facilities for parties to enter into contracts and agreements, and that, while giving the tenant full legal protection, 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 themselyes to improve the land by drainage and by farm buildings, and other manner specified in the Land Im privement Act ; and the other enabling the owners of estates to make beneficial leases with tenants for improve ments, for which the tenant would have ample compensa . tion—he saw a great machinery of usefulness to Ireland. (Hear, hear.) And he should not forget to add, that 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 to give effect to those bills. That report of the Society of Friends to which he had before referred spoke of two things as essential to the well-being of Ireland ; first, that there should be freedom in making contracts ; and next, that there should be facilities for enforcing those contracts. • (Hear, hear.) He believed in these essentials, and to fulfil the 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 1332, 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 ho 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, hear.) In pursuance of this object he proposed that as to the cottages which were rated at not snore 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 distrain 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 Si. is owing to the person claiming the rent. As a set 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 duo, 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 a s had availed themselves of the locdregistry. 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 th e t erm , th e 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 preve n t a l an dl or d from introducing any custom he pleased. The reception which had been rti extent o p e n h given to previous bills enabled him to estimate pretty fairly a nbde which n h e h the extent to which Parliament was likely to go with re ference oadisiledsooiroecasisnthrditendlotuygeinuthdt thear iv rights this h w ut st 04thatfouse question honestly tt fe ho re og n oj c o e tsot t in giving legal security to tenants for what they conceived to be included in moral obligations. (Hear, hear.) By this bill he thought he had honestly carried out the view of the Devon Commission, which was, that when the tenant desired to make beneficial improvements the landlord should first have the option of carrying thorn 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 tivation of the soil. He now came to a part of the subject which had raised a good deal of controversy ; he referred to retrospective compensation. After giving it his most ra: c money o a n s y thistthus oclass to improveo f t v h e e m s e or n i t l s s careful attention, he h a d come t o th e conclusion that the case of retrospective imp rovemen t s oug h t to be provided was specified in the Land Improvement Act, a-sd landlo d for. obtained (Ch loans eers. of public a)l u it was clear that such impr ovemen t s were regarded as beneficial to the public. -He th oug ht th at when the tenant had made improvements, he s h ou ld b e secured in possession for a compensating period a ppli ca bl e to then 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 ho 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 amendment—(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. I have e n - 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 pro p r ietors and tenants in Ireland as may not d es i re to sacrifice any of those rights of property which f orm the basis far as toth wooseridd allow , hts to meet t d h e e av eg en deavoured, civilie eedn'csos as their just limits 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, w ill be accepted and consi dered in the same s p irit i n 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 o on . fficting claims, and who con sider the common we al as pans. mount to the selfish demands of an y class or p a rty. The man who is clamorous about r i g hts and negligent of d u ti es, will depreciate my labours ; the grinding middleman will dislike, and the factious or fraudulent tenant will heartil y condemn ; for all this I am quite prepared. Enough, if I have provided a free course for industry, and a hindr ance to injustice. If I shall have affo rded the means of work ing effectively the resources of a l a nd which Go d has blessed but man has blighted, the recompense will be t o me an exceeding great reward. (Hear , hear.) But it may be asked, is Ireland to be made a land of peace and save so far as such legislation be a part of the proper agency prosperity by the power of legislation ? Assuredly not, which He may bless, whose gracious touch could make the very act of distributing to the wants of the multitude the occasion and the means of increase and abundance. 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 tell him he was very much mistaken if he 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, he 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 nor less than a repeti tion of Lord Stanley's bill, and contained no provision for the protection of the vast accumulati m of property in the north of Ireland. He could assure the right hon. and I Mr BRADt rose to return thanks, evidently labouring under feelings o f d ee p emo tio n . H e sa id—" I s h ou ld 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 supportel by a very large number of friends, many of whom I lave 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 mesting 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 all 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 best but faintly depict the gratitude I feel. (Chem.) Were Ito look upon this assembly as an ordinary meeting of friends for the sole purposes 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, lam satisfied that this night will have con siderable influence on my future career in life, at all events, it wil stimulate me to endeavour to make my self more vorthy 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 difficut 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 tome. (Great cheering.) Having taken upon myself 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 likely to benefit them, I look upon a good sound moral education as the first and most important, for by education you elevate the natural man, and cause him to have true self-respect, thereby making him a good father, a good reighbour, 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 protection of the Ballot, without which protec tion the people's House of Commons can never be what the Constitution originally intended it to be—the reflex of the opinion of the people of this country." Mr Brady then shortly dwelt on the benefits which the country de rived from free trade, and concluded by calling the atten tion of tae company to the great abuses which existed in the administration of 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. to illustrate the proposition, he point ed out one fund alone, which was left by Alleyn, the comedian. At tle time of his death the property was only worth 800/. 4 year ; but now it is worth more than 12,0001. a year, yet the institutions which h e formed have not been extended or improved. h a ppy and convivi a l even i ng w hi c h had been so agree ably h p e as m se e d et . in afterwards separated, delighted at the THEATRE RO YA L, PLYMOUTH. Mr. Travers tock his benefit on Monday last. The pieces selected were Balfe's opera, "The Bohemian Girl," and a farce, "The Happiest day of my Life." In the opera Mr. Weiss appeared as Count Arnheim, Mr. Tra vers sustained T --eideus Madame Weiss took the part of the Count's daught er ' Arline, and the Queen of the b Gipsies was persoNted by Miss Mary Huddart. The opera was followed by some beautiful fairy-like dancing from Miss Louise Leclercq, and an excellent buffo dance from the brothers, M r . C. an d M as t er A. Leclercq. During the perform ance o f th e f arce , th e h ou se w as con vulsed with laughte r . On Tuesday evening " Lucia di s Lammermoor" was repeated, and " Uncle Tom's Cabin" w tie fifth time. On Wednesday even apresented for even ing, the entertainme n t s being for the benefit of Mr. and Mrs. Weiss, "La t9 onnam b u l a " and "La Vivandi ere " were produced, a n t gra tifi e d a l a rge and respect a bl e audience. On Thursday . 4 The Bohemian Girl" and M. Leclercq's nautical ballet . A Sailor's Home, were re presented. Mr. and Mrs. T. Mead and Miss Fanny Hastings are engaged for the present week. COLLIEIY ExPLOsioN.—An inquest has been held on a collier named James Farnworth, of Singing Clough, near Bolton, who bad lost his.life by an explosion of gas in a coal mine. The deceased worked in one of the coal mines of Messrs. Kiowles and Stott, at Singing Clough, and on Wednesday last, after leaving the face of coal at which he was working, he returned with a naked candle. A quantity o f fo u l g as accumulated inlthe place instantly exploded, and he vas much burnt. He was carried home, where he died on Friday. Fortunately none of the other workmen were injured. The jury were of opinion that Farnworth's death was entirely owing to his own want of care, and found a verdict of " Accidental death." [AnvEnTisEmENT.]—The Royal Exhibition.—A valu able n ew ly i nven t e d very small powerful Waistcoat pocket glass, the size of a walnut, by which a person can be seen and known 1 mile's distant, they answer every purpose on tke Race-course, at the Opera-houses, country scenery, and ships are clearly seen at 12 to 14 miles ;,they are invaluable for Shooting, Deer Stalking, Yachting, to Sportsmen, Gentlemen, Game-keepers, and Tourists—To be had at 39, Albemarle-street, Picca dilly ; observe opposite the York Hotel. Telescopes.— A new and most important invention in Telescopes, possessing su c h extraor dinary powers, that some, 3} inches, with an extra e ye piece, will show distinctly Jupiter's Moons, Saturn's Ring, and the double Stars; with th e same Telescope, weighing only 3 ounces, can be seen a person's countenance, 3i miles distant, and an object from 16 to 20 miles • they supersede every other kind for th e W a i stcoat pocket, and are of larger and all sizes, with increasing 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. Solomons, Opticians, have invented invaluable preserving Spectacle 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. The invisible Organic Vibrator, and all kinds of Acoustic instruments for the relief of extreme deafness.— 39, Albemarle-street, Piccadilly, observe op posite the York Hotel. 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 verdict being against 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 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 withdrawn 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 he was in the 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 EICHANGE.—The share market has been very firm o r m v e throughout n the Bs e if n rok t n i eo r n h e w d se na: :—Aberdeen, c e l e o d ie ,t de, strongßirkenhead es a h an h t r i e ae n a sd, - (late Chester and 2 dis. ; Bristol and Exeter, 106 ; Caledonian, 31k; Eastern Counties, 12i • ' East Anglian, £3i share, guarant ee d 6 per cent., 3, 3 ; East Lancashire, 19i Great North ern, 2 1 i ; Lancashire.and. Yorkshire, 88/ ; ditto, West Riding Union, dis. ; Lancashire and Carlisle, Thirds, 11g p. ; Leeds Northern (late Leeds and Thirsk), 19 • London an d N ort h Western, 1248 ; ditto, Fifths, 4A- p. ; ianchester, Sheffield, and Lincoln, Preference Shares, 11 7-16 ; Midland, 791 ; North British, 9 9-16 ; ditto, Preference, 5 1-16 ; St. Helen's Railway and Canal, Preferen ce 4} p er cent., 9-16 p. ; South Eastern and Dover, 24 York, New cas tl e, and Berwick, 18i ; York and North Midland, 29g. MANCHESTER, Nov. 22. STOCK EXCHANGE.—There has been more activity in the market than of late, and prices have slightly advanced. Blackburn, No. 1, ; Caledonian, 31$ • East Anglian Pref. Six per cent., 3i r ; Eastern Counties, 124 • East Lan cashire, 19a ; Fleetwood, 74 dis. ; Great Northern Six per cent., 15i ' • Kendal and Windermere, 13 , 1 c. ; Leeds, 83 ; Matlock, 31-16 ; 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 are as follows : Caledonians, 314 ; Leeds Northern, 17i ; and Little North Westerns, £BlBs 9d. 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 the ontypool 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 into Newport, and the adaptation of the lines to Nantyglo-gate and Beau fort for 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 26,000/., 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 aiso to and from Bayswater, Paddington, Maida-hill, St. John's-wood, Kilburn, and Finchley-road. The cost of the line is estimated at 275,0001., 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 535,0001., upon which four per cent. is gua ranteed by the Danish Government. This line altogether will be 68 miles in length, and will greatly reduce the 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 Messis. Fox, Henderson, and Co., and the undertaking has very influential patron acre in the St . ock 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 Si. 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 2i 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 OP RAlLWAYS.—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 ag grega t e expend i ture of capital, up to June last of 51,840,133/. The York, Newcastle, and Berwick Company have given notice of apphcation 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 not be less than 110,000,0001.—Herapath. FIRST ACT OP 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. WELLINGTON. Britannia, plunged in sorrow by the death Of him who was in all her chiefest son, Sadly proclaimed 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 deep 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 face ; 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 names Through which our Wellington his glory claims-- games which shall shine in history while her per Shall . be a light to nations yet cnknown— .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 might 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 weeps, And mourns the day that her great hero died. But still above her sadness there she feels One solace to assuage her heavy grief. As by her mighty laciro's tomb she kneels In silent sorrow—this is her relief : Sho hears the voice of universal Fame Stamp everlasting glory on his name. COUNTRY MARKETS. The following is the official statA of corn, &c., received in the port 01 in Essex, from the 15th to the 20th inclusive : ,ment of the quantit!7o London from the tl , November, 185 2 , 0° '' _.. 3,__ - .----- 4 5 Colchester - 540 Harwich — 560 9 Leigh Maldon 621 98 100 8 51 I_l?_____,o CHELMSFORD—Nov. 19. 440 pd Prices to-day were - as follow :—Wheat, white, old to to 54s Od, new 42s to 53s ; red, old 40s to 465, new 3 Veg, 41s ; barley, 26s to 30s ; chevalier, 28s to 33s ; Gnn 21s to 27s ; malt, 55s to 56s ; chevalier, 55s to 58 8 ; 19s to 25s ; peas, partridge, 30s to 35s ; white, 31s t°, sps boiling 37s to 40s ; dun, new, 29s to 343 ; beans, ti c "' to 34s ; harrow ticks, 31s to 36s ; mazagan, 29s to VS' COLCHESTER Nov. 20. 50s ; Prices to-day were as follow :—Wheat, white, 42 0 ',', 3 0, red, 30s to 45s ; barley, 28s to 34s ; oats, 18s to 24s ; mazagan, 30s to 32s ; middle and small, 34s to 38s ; P white, 40s to 42s ; grey, 30s to 325. KIRKALDY—Nov. 20. The following are the quotations for grain : „_, fis , _ Wheat. Barley. Oats. J''",;Thi First Secood Third 3Bs Od 1 245 64 17s Od Os u Oatmeal, per bag of 2801bs imperial, 28s Od to 298 Od' COAL ADA.RK: Prices of Coal per ton at tl s. d. llasting's Hartley 15 9 Howard's Weit Hartley Netherton 15 6 Rayensworth W. 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 0 Ships at market, 7' SEABORNE MAILS. :ET—Nov. 22. he close of the market :---- s. 0 Hetton t 0 Kepler Grange ......... 6 Lamhton l7 0 Stewart's lB 6 South Hartlepool ..., 17 Adelaide Tees .......... . 6 Pease's West 1 ' pf 9 Tees 1; Nixon's Methyr & Cardiff 21 Gwaen Cae Gurwen Sold, 34. N signifies that the malls are sent froth the General Pi by the night—and M by the morning--dispatch.] Day when made up From what When COUNTRIES. In General Post- Port da°' Office, London. dispatched. America (byßrlt.pack.N Nov. 25 .......... Liverpool ..• 0101 America (by United Sts. 2 4 packet) ....N Nov. 30 .......... Liverpool ... go/ . America (by U States pa packet ............N Nov. 24 .......... Southampton E rtl` Australia (via South ampton .15 20th Of each month Southampton Art Ditto (zia Marseilles) N 24th of the month Dover .... • • 13 " .1c *Ditto (via Cape of Good 3/ Hope . Africa (West Coast) .. N 13rd of the month. Plymouth • • 3 5 Alexandria* N 19th&30th of mon. Dover .....• Belgium ............N Daily.... Brazil Jth of the month.. Southampton " n , 16 ll , ,euos Ayres ...... M 3th of the month.. 4 outhampton 1)6 _„: 1 California ----Ai & 17th of month Southampton 0.1, 29 • tCape of Good Hope. ;,N 14th of the month.. Plymouth ... .. 0 . 9 Cape de Verds 14th of the month.. Plymouth .. • 3 0 Constantinople*„ ....N 7thl7th27thof mon. Dover ...... N o I „.t, Central America .... Ind & 17th of mon. Southampton D e- fp , '' Channel Isles ........N Mon. Wed.& Friday Southampton & 17th of month Southampton V_l ce 3P• France M & N Twice daily ...... Dover ...... 3 1 14 Greece* N 7th 17th27 thormon. Dover ...... Hamburgh ..........N Tuesday & Friday London .... • !.7 0. 1 . 0 ° ' Holland ............ MWednesday & Sat London ... • • 3 " Is di Honduras .......... 17th of the month sSouthampton ll/ _ es, ce dt*• Ireland ........M & N Twice daily Holyhead .• • Teed India (viaSouthampt.)ll 20th of themonth.. Southampton Mile (via Marseilles) N Sth& 24th of month Dover .....• India (via Cape of Good Hope)... 14th of the month Plymouth .• • Nov, 96 Mauritius ... . . N 14th Of the month.. Plymouth ..• Mediterranean (via ArrP te. SouthamPton 20th-of the month , sonthampton „..„, 1 Ditto (via Marseilles).N 4th & 24th of month Dover ..... . Mexico , nd of the month . Southampton L,':„ ( 00 1 Madeira . ..... M 9th&23dof the mon. Southampton ?t Malta* " " • • " • • • • h,17th,19th,27th, k3oth of the month Dover .. .. • Jov- 9- Naples* . sth 15th25thof mon. Dover .... • v, 0 6 Papal States*.. ithlsth2sthofmon. Dover .... • • Peninsula 'th 1 7th27titormon. Southampton No Nov; 1, Peru 2d & 17th of month `outbstmpton P Tuseany* .N sthlsth2sthof mon, Dover No West Indies ........M 2d & 17th of month Southampton D ec ' Van Diemen' $ Land(see Australia L___ , i . „..... OW 0 ---.4.- 1 . __ . * The mails for Australia via the Cape of G oo d H o p © are --„, 00 o re on the second of every alternate month. Those m ade u vigoo . ,,g 20th and 24th of each month via Southampton and Marl s. t . 7:0 sent by sailing vessels at present from Singapore, but 11 , 0 1 1 : 1 4 they will be sent in steamers. The Post-office autheriP to iID4 given notice that the Austrian mail steamer which oughrof* I' ymouth on the 3rd of next month will not be dispatched "- for 14th proximo. , e OO O l 00 Ad e i I* Mails arc also made up on the 2d of every alternate - tty the Cape of Good Hope. -The maths which ought to be n _ ,A v i the 14th will not be dispatched before the 25th. oVer * The mails to those countries thus marked (*) are 0 0-- / French packet to Marseilles. 7 _-••••".--9 AUSTRALIA AS IT Is ; ITS SETTLEMENTS, FA l4 7 4 o o ' ' GOLD FIELDS. 2 vols.--At a time when so inner PI; tion is directed to Australia, a work describing,l Got sent condition of that territory, and its wondetn i ,•ll !. 1 ; Fields, from the pen of a practical mineralogis t ,: . 8 1 00 . hailed by all classes as a great acquisition. As it is," does indeed supply a variety of inf°';l o o that has long been wanted, and which brings 'i rl el o life in Austrulia, from Sydney to the remotest s ettis o tI vividly before us. The author, Mr. L an celot 11 . 0 as yelled over the whole of the explored tracts o f tio ttir e.4l country, and dots down his experience, his adv eri f 0°, 11 6 and his ' s hrewd and valuable o b serva tions, both Thl and things, in a manner not easily to be forgott en vi ' obe li wo rk ought to be in the hands of every o ne wh ° for information regarding these rich possessin BIRTHS. Iti f° OF A SON. 11 e On the 19th inst., at George-street, Dumfries' t he of John Lindsay Scott, Esq. h 0,911 1! -OF A DAUGHTER. On the 21st inst., at 8, Blackheath-terrac e, vac. o w Mrs. Arthur Norto n . Walla s° On the 22d. inst., at Brentwood -lodge , common, the wife of Henry Grisewood, Esq. On the 6th inst.; M AR RIED.. PIO Robinson,late -, a t S t . P aul ' s,Deptfor d, ro ve , Superintendent of Metropolitan bi d rt Alice, youngest daughter of J. Wright, EK" ore a Woolwich. On ~...... the 19th inst. at Bloomsbury Chad' Mr. oalig e. 4 .03..“. to -11-1-111, of Bing-street ' , Bloomsbury, to Louisa, daughter of the late Mr. Richard Hughes. - DEATHS. ibra ° On the 19th inst., - at Godmersham-park, gent ' %a Knight, Esq., aged 5. c roci llible dg; On the 20th inst s at her residence 18, Reg° - of - Brighton, Mary, relict of the late i. Cloves, 800 Of Rookery, Woodford, Essex. tt 0 44 On the 20th inst., - the wife of Edwin Corbe ) Tilstone-lodge, Cheshire. Cam' On the 21st inst., at her residence, North-terra° Framer' Pl.' berwell, Elizabeth Mary, relict of the late J. Free of the same place, aged 80. t i5G , ° London : Printed and Published by WIRD° YO„ To . 114 No. 112, Strand, Printer, at The Sum Office , o x' o' Strand, in the Precinct of the Savoy, in the v Kiddleaex, Tuesdity, November 23, ja. __~--~''~J , - ,___ CLERI Ft* Assur( sltr a char,.•• uultrn -e ' • , sma 401ders beings 14 ade by the rthe benefit 41 e, com plei notary c a p' ges of both FIVE BOls 1 852, the sum bonus varytn; the Premium. Per cent. on tl 'oeeived :in c Other w ay. On Policies thus tl,r the eantinue as a 0,9 44,12 Paid are INDI inereasej risk the The Amur Th 7 l ! itup 422 ure, '1" of Tables of R 4 the Society's 99~ great UNITE Pan or c , L e ' vt earl of 1, 1 , Earl of Si Earl Soo, CIIa tretnnAxvl.3"( H• Blair 1-.;_na.lea Lem! Lrilham Faith ' Q. 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