The Sun. — London, England, 1841-11-08 00:00:00

EVENING SUN CIHAN(ERY COURT—CT' Ti TS TIAY). ten took hi, ,z l :ter o'clock. RICHARDS V. LORD MACCLESFIELD. Mr• &MAR . T . said that his Lordship would recollect that the ease of Richards and the Earl of Macclesfield :'Pas a few days since ordered to be transferred from the P er of Vice-Chancellor Knight Bruce to that of the tee-Chancellor of England ; connected with the peti tion in that case were three causes, all of which were set 'lowa for hearing before Vice-Chancellor Knight Bruce, that petition the form of the decree to be pronounced in all these causes would be determined on. he had to ask might also be tran s f e rr e d to the paper of the e Chancellor of England. Lora) CHANCELLOR, after inquiring whether all tl e consented, and being informed that they did , Made the ord er as as k ed. IN THE MATTER OF JANE HOE, A LUNATIC, DECEASED. yipr. p -1711 v.is applied in this case on behalf of the iteli r , !tat who filled the office of executor, committee, and zae.s,ideary legatee of the lunatic who was dead, that he en i b li t be excused from passir , his accounts, that the tarts a an arbitration which had taken place might be ~a,led and aid. out of the funds of the lunatic, and that alter 1 P a Yitkeni,he might be entitled to the residue of the atAttes property, t s oansuiP made the order as prayed. . 4 ts on BRIERLEY V. BOUCHER. id t COURT then proceeded to hear the further argu lordshiy this part-heard appeal from the judgment of his the Master of the Rolls. The only question in 'i t sa e t eas e Was whether . under the will of Owen Gray, pr o an : Gray his son, took an absolute interest in the of Perrytf i n question or only a life estate. The Master „ e Rolls decided that Nathan had an absolute in wrest, and from that decision the appellant presented an last • Eethell and Mr. Metcalfe appeared for the appal ; and Mr. Richards and Mr. Steed Girdlestone pted the judgment in the Court below. s t a d l t s t Loansiur, at the conclusion of the arguments, Eleci s i' at his present impression was in favour of the ev q -°4 of the Master of the Rolls. He would, how ehailv,,l.,";(l the bill, and should his present views be Jua°Y that reading he would let the parties know. g l Qnt deferred. t .. CHANCERY—(THIS DAY ) p le (Before the Vice-Chancellor of England.) oe s ,„e s i demurrers, exceptions, and further directions, ' ie u his Honour the whole morning. CLAYTON V. MEADOWS. 1/ Iti t lll . s cause the bill was filed by the plaintiff, the ev, Coth.mas Clayton, who is the Rector of tha parish of tile ef , a ' ut k i n, otherwise Cottingham-cum-Middleton, in hula --Ilu tY of Northampton, for the tithes of certain u salleged to be within the parish. air. T. Plai nt i ff .PLE opened the case, at great length, for the :ss s „ 0 1. a ar. COLERIDGE followed on the same side. •ler es ,''' s n cause was still proceeding when we went to e lite "! we shall, for the present, defer giving the facts or ri ng into the arguments. 1 Th e ( Before Vice -Chancellor KNIGHT BRUCE.) Court was occup i e d t h e ent i re mo rning with the ,e7h i l heard cause of Broadhurst v livßer. al guy, the facts of dg lye defer till judgment deed. QUEEN'S BENCH.—(THIS DIY.) Ti 4 SToNEHOUSE AND ANOTHER V. JENT. tor W aS an action brought to recover a sum of 1 23 /. peThwork a n d l a b our done and goods sold and delivered. rt action was brought 1;), Stonehouse and Co. of New ahi ship-brokers, against the defendant, a , ecreTtiLee of Plymouth, for repairs done to a vessel the cry Lady Ilerdy, and for necessaries supplied to ere • ]gams w• The cause was tried before Mr. Justice Wil lied ; s at the last Monmouth Assizes, and a verdict was tsi w 'r the plaintiffs,' damages 1231. A rule for a new dirt' and to set aside the verdict on the ground of mis sse,relt")a, and o f it s b e i ng against evidence, was after e/r. obtained by Mr. Richards. eel, . 4, aleeev now appeared to show cause against the The facts, as they appeared at the trial, were 11 e ,..' these. The Lady Hardy was built in America, 1244 she was purchased by a person named Nichols, a ()te e , 4 rkt of Plymouth. Being desirous to sell her, an .2 `iiee n w l 4 Made him by a man named Hawksmith of 8001 . accepted the offer, but Smith not having the of i t - • / '' applied to the defendant, Jent, to advance a part ee oi and Jent accordingly gave two bills of exchange for to e ach, Smith giving a mortgage upon some premises d ay the remaining 300/. e's. bill of sale was accordingly %i t e out to J en t, who was thereby legally constituted the ID on e r of the vesse l, an d wa s to receive her earnings until the e t isY ",as paid, Smith having authority to pledge the v - " of the owners for the prosecution of the voyage. It thas,,,thess arranged that Hawksmith should be appointed th e ‘-aptain, but the revenue officers of Newport, where Smith h ad was lying, objected to it, on the ground , that t3 7 l,4 l t_h c h t ita been pre viousl c y __e e n d ga t g i e e d ,n eo : l ce i n n e te s n m t u . ge j l e in r g th ell 'a seid o i n l s e , in ave fi ss x el all would him in another way, and Smith's was registered as nominal master, while Smith Je st who acted as supercargo , was reall y master, and was registered as the owner. In the course of e "e the vessel susind some damage and -stelae h Ya g ad no mea ns whatever e of repairing her , , ex %pt by obtai n i n g an advance of money, which he kco rdingly procured from the plaintiffs. Application 44 made to Smith for payment, in the first instance, sje s k t he having become insolvent in about sixteen or ta ,Nteen months after the debt was contracted, appli etZh was made to the defendant, who denied the ° l 'ity of Smith to bind him, and refused to r ,, ~ t• The Learned Counsel contended that the t o e uce laid before the Jury at the trial was sufficient tw e stablish th e f ac t o f Jent and Smith being part e v i lle r; in which case Jent was equally liable ei , eti t h, the other. Unless there was some ground for dis se :lug the testimony of Smith, who distinctly deposed ge facts, there could be no other conclusion come tlee,:`," he did not think it was very creditable to the hi s — umt now to attempt to shift the responsibility from cl e4 r 11 shoulders, more especially as Smith was since an th e ease of: and thera new was no means Under tof oaining his evidence trial. obtaining these circumstances la.ti b mitted th a t th e re was no ground for granting a el trial. hlr the - *ICHARDS, on behalf of the defendant , said he Re : l ed to have the rule made absolute , first , on the et 111(1 of misdirecti o n ; and, secondly, on the ground r un, ; 4se, and its being against evidence. Now it ap seat V that the great bulk of the sum claimed, namely, Ined 7s., was for money borrowed by Smith, as he al the ip t s ,° Purchase necessaries, and pay the seamen, while lete e l' a „ l ace was for certain repairs done to the tnor iev Before the act of Smith in borrowing that I * sh y "'hi he made binding upon the owner, it must ei t i'wh that the adiance was necessary for the prose onl" the voyage • but he denied that that could be I g e d in the eas t h, e present case, because the captain could in Nve,fla days have communicated with, and re *ere . t gir answe r from, his owner. Where advances te e k i nude upon the Credit of the vessel the parties these, advances looked to the Captain and the r tisea l i. wil Y, unless he could show an express authority :_reee,„` l "vher to borrow money in his name. It was v‘rty'' - I ; s ed rule of law that the Captain was the only ee ee : ° could charge the owner, but there must be ~,AtCe - r ' s i ss authority shown before that could be done. t r s u e e ariag the a rguments of the Counsel the -43 a time to consider its decision. t)e CHEQuErt,._(THIS DAY.) he ckeq, a s i de 4 .., , / ,, 01,1%; : y r . V. ED E N R ‘T.A.R AL Ds AND ANOTHER. moved for a rule nisi, to set t o be e, n ter zl e ° (l llB b uit tht s case, which had been directed to F i G FZ.Pla c p Y the Lord Chief Baron at the trial, which " T l lt the Sittings at Westminster after the last ‘ltrticeles It was an action of trover, to recover certain 'ath ez Plate from the executors to the will of the of th e . , 15 , 1- .the plaintiff's wife. The testator left the wife t ge, h e nalatiff in trust for her brother, who, four years lur e . '": 4 gone to Van Diemen's Land in case of his re he h' eu t ue plate became his ; failing that, then it was to 14 ti ill trust for the son of the plaintiff, until he was it r arS .of age, and if he died before that period, then 11 1 Its to become the property of the wife of the plaintiff. executors were to hand over the property upon get tk," receipt for it from the wife of the plaintiff. The ~,itors mere willing to hand over the articles, but the of plaintiff objected to some salt-cellars as not being op else intended for her by her father, and she refused to te ,Lve them, or give a receipt. IlisLordslipwas of ti1,; 14,1 1 that trover could not be maintained, i because 'i" 4 had in fact been no assent by the executors.. CpunT were of the same opinion , and refused the +I ,T BOYLE V. COOL 6 18 action was tried before J ustice Wi g htman,at 11 '4 1 -I '° Assizes for North Lancashire , when a verdict ° , lttul for the plaintiff. IViIv r ,,WORTLE,Y now moved for a rule to show cause heel ' fl at verdict should not be set asi de and a new tvid granted, on the ground of the improper rejection o tOr ee • The plaintiff was the lessee of min erals, under f n tea esontague, and brought his action, to try whether !ter: ll 4 .t of a copyhold had a right to dig for and take 'etl a - „ l , ls ure the tenement where it was found. Th e des trnawas the tenant of one copyhold and the own er olve„ - „"ler, under the same Lord. On that of which he was titt he could not o bt a i n s t o n e f o r walling ;he applied andtro4,n, obtained leave of his landlord to take ston e copyhold of which he was tenant, and he re sta to t h e tenement o f w hi c h h e was owner . It N%btlettrnitted that the tenant of each copyhold had the exi st t o take s t one, b ut i t was con t en d e d t h a t n o right mu st be rg remove it from one tenement to another—it mus t b used on that where it was found, or if removed bee, e Paid for. He (Mr. Wortley) opened a large 111'411;3j evidence 'to prove the . custom, but when he called eQwitness upon the voir dire, he stated that he was tYelaiolder under the same Lord. His evidence was (el i e -Te and his Lordship held the objection good. ortley) contended that his witneeses had no -44 rat 4 tes Luterest in tho u cause, and were made good wit geese "Y the statute the 3d and 4th William IV. The coded. awn e trusted 'the Ittlieist a v ni y ins e ortant one, and had not yet been de .the C si o ra u b r l t e w th o a u t ld it g sh ra o n u t ld a b r e ul s e e . er ttled ; he grant e d. h os :, nnooKs V. MITCHELL. actin the 1 4 „ WaS tried before Justice Wightman at - Liverpool Assizes, when a verdict was found for e jelteedant the see that eerszt o l ls:re s Ey now moved for a rule to show cause why e ll 11 ,, • " should not be set aside, and a new trial granted, cie nt l ground that the finding of the Jury was insuffi all, ;`,V inconclusive ; that it was, in fact, no verdict at to the evidence given at the trial was that a person ILvans, svho was a Sergeant in the Guards, letele • return from foreign service found an e l li ester l ubusin ess as a small banker in Man n e.. y ens wis e • took Evans i n t o partners hi p, an d i n 1824, lOt u tang to put at foster-brother named Lenns, •4. promisltress, advanced him 1,0001.. for which be took Ilear e a note, payable upon demand. It that tho s e ' thb interest upon the note was paid up to the year 1835. The note was endorsed, or purported t,) h:o - e been end,..-zed, to a person named Boyle, on the 12th March, 1836, and by Boyle to the defendant, in March, 1838. In 1836 Evans became much embarrassed, and, in August of that year, became bankrupt ; at which time he went to reside with Boyle, and it was proved that Boyle, so far from being a creditor, was a debtor to Evans's estate, and that, so far from being able to advance 1,000/., he was at the time in very low circumstances. Royle was appointed assignee of the estate of Evans, but nothing was ever said about the note, nor any claim made upon it. In 1887 Royle compounded with his creditors, and became bankrupt in 1838, but not a word was said about the note. In the latter year the defendant wrote to the maker of the note, saying he had held it for some time, and then wanted payment of it. Lenns died shortly after, and the defendant sued the widow she applied to the Court for an interplea,der rule, to know to whom she was to pay the money, and then for the first time the plaintiff, who was the assignee of Evans's estate, became aware of the existence of the note, and claimed it, on the ground that neither Boyle nor the defendant had given consideration for it. The suspicious appearances were, first, the dating of the en dorsements, which was unusual, but was done to make it appear as if the note had been passed Lefore the bankruptcy of the parties. There had been dividends paid upon both Evans's and Royle's estate—the first ss. 6d., and the second of 4s. 6d., so that the defend ant, if a bona fide holder, might have got 10s. per pound upon the note, but no claim was made under either bankrupts. The Jury found that Mitchell had given consideration for the bill, but they further said there was no evidence to show whether Boyle had or not. Now all the evidence was that Royle did not, and could not have given consideration for the note. The COURT were of opinion that the verdict might stand if there was evidence to support it, but they granted a rule on the ground that it was against evi dence.—Rule granted. COMMON PLEAS.—(THIS DAY.) 'Before the LOAD CHIEF 2 TusTlCE,..and Justices COLE- MAN and MAULE.) COLLIER V. STENNET. This was an action brought on the part of the Tackle House Porters of the City of London, to recover the amount of porterage of goods landed in the port of London, and carried into the City by the defen dant, he not being one of the Company of the Tackle House or a ticket porter. The de fence was, that the goods belonged to a foreigner, and were consigned to a foreigner (that is, to a person not of the Corporation of the City), and that, therefore, the privilege of the Tackle House did not in • terpose, and a foreigner was entitled to carry and to re ceive the porterage. The plaintiffs, on the contrary, undertook to prove that the goods in question were con signed to a freeman, and not to an alien. The case was tried at Guildhall before the Lord Chief Justice..as fully reported in The Sun at the time, and a verdict found for the plaintiff. Mr. Sergeant Channell since obtained a rule nisi for a new trial, on the grounds, first, that the ver dict was against evidence, and secondly, that improper evi dence was received, members of the Corporation in terested in the issue having been admitted as witnesses. Mr. Sergeant TALFOURD this day showed cause against the rule at great length, and cited numerous authorities to prove the admissability of members of the Corpora tion, it having been laid down that the statute could not intend to disqualify so many as ten or twenty thousand witnesses in one locality. If so, cases would arise in which no evidence could be adduced of even the most notorious facts. (The Learned Gentleman had not concluded when we went to Press.) BAIL COURT.-(THIS DAY.) CORPORATION OF LIVERPOOL-QUO WARRANTO-THE QUEEN V. HARVEY. The SOLICITOR-GENERAL moved for a rule calling upon Robert Ellison Harvey to show cause why a writ in the nature of a quo warranto should not be issued, calling upon him to state by what right he exercised the functions of an Alderman of the town of Liverpool. A va cancy having occurred among the Aldermen of Liverpool, on the 29th Oct. last Mr. Harvey was elected to the vacant office under the provisions of the 27th section of the Corporation Act. Now, by the provisions of that Act, no person was qualified to be elected to the office of Alderman who was not either a Town-councillor, or qualified to be such. According to the provisions of the Act, no person was qualified to hold the office of Town-Councillor whose name did not appear upon the burgess roll. Now, as in 1840 the Mayor and Assessor had not time to revise the burgess lists, the roll in being at the time of the election of Mr. Harvey, was. under the provisions of the Act 1 Victoria, cap. 71, the one for 1839. In that list the name of Mr. Harvey did not appear, and that, he apprehended, was prima facie a sufficient cause to entitle him to a quo warranto. But the affidavits went further, they set forth that Mr. Harvey was not entitled to be on the burgess list, inas much as he was not an inhabitant householder, but ro• sided with his mother, in whose name the house was rated. Since that time an attempt had been made to place Mr. Harvey on the burgess roll, by having the house rated in his name ; but his name was not on the burgess roll in force at the time of his election. Mr. Justice PATTESON—Take your rule.—Application granted. I CRIMINAL INFORMATION AGAINST THE " WORCESTER- SHIRE CHRONICLE"-THE QUEEN V. ARROWSMITH. The SoLicrroa-GENERAL applied for a rule calling upon the defendant, Isaac Arrowsmith, the printer and publisher of the Worcestershire Chronicle, to show cause why a criminal information should not be filed against him for the publication of an article of a libellous nature, reflecting upon the character of Henry Ricketts, Esq., one of the Justices for the county of Worcester, on whose account the present application was made. It ap peared that the Magistrates for 'Worcestershire, in Quarter Sessions assembled, had determined to esta blish a County Police. under the provisions of the Act of Parliament. A Cpmmittee of the Magistrates had been appointed, of which Committee Mr. Ricketts had been a member. That Committee had met from time to time, and had reported to the Quarter Sessions ; and under the sanction of that Committee, Mr. Ricketts had hired a lock-up house at Bromsgrove for the purpose of using it as a station-house. This had been reported to the Quarter Sessions, held at Michaelmas, 1840, and at the Epiphany Sessions following the Committee re ported on the difficulty of providing a proper place for a station-house, but stated that arrangements were in progress for that purpose. The Committee con tinued its labours, and Mr. Ricketts still con tinued to act as a member of that Committee. Endeavours were still made by him under the sanction of the Committee, to procure proper premises for a sta tion-house. Those premises were held by Lady Harriet Clive, by lease from the Dean and Chapter of Worces ter. Application was made to the solicitor of Lady Har riet Clive on the subject. The report was made to the Quarter Sessions, and negotiations were entered into. Everything that was done was done under the sanction of the Committee and of the Quarter Sessions. The mat ter was referred to the Secretary of State, agreeably to the provisions of the statute. The Secretary of State suggested certain alterations which would have in creased the expense, and, in consequence of such increase in the expense, the matter was abandoned. After the aliandonment of these negotiations, an article appeared in the paper of the defendant, which was headed " Choice specimen of Tory Magisterial ignorance and jobbing." The article imputed to Mr. Ricketts that he had moved at the Michaelmas Quarter Sessions for a grant of money, for a station at Bromsgrove. This Mr. Ricketts declared was untrue. The article then went on to impute to Mr. Ricketts that he had applied for estimates to two Tory tradesmen of Bromsgrove, and had subsequently given a contract for fitting up this station-house, to a Tory tradesman named Wood, residing at Droitwich. It then went on to state, that Mr. Ricketts had, in ignorance of the law. proceeded to enter into a treaty with the Clive family . for the premises in ques tion, without considering that it was Dean and Chapter land, and that the Dean amid Chanter might refuse to renew the lease ; and then the article went on to state, that a sister of Mr. Ricketts had married a Mr. Cutter, and that Mr. Cutter had land adjacent to the premises in question, on which land there was a brick manufac tory close to the proposed station-house, and that Cutter was to supply the bricks, which some spiteful people, per haps, might say were rather small, but that, fortunately, the the law was stronger even than the Court of Quarter Sessions, and that would not permit him to erect this station-house on the quicksands of Church property in preference to the rock of freehold or copyhold. This appeared as an article from a correspondent, and the editor proceeded to remark on the conduct of Mr. Ricketts, in what he called this ridiculous affair. It would be perceived from this article that it attributed to Mr. Ricketts, that he had been actuated by party motives with regard to the tradesmen employed, and that he had been actuated : by private and family motives in the choice of a site for the proposed station-house. Mr. Ricketts in his affidavit denied on oath all these imputations. He stated that ho was ignorant of the politics of the two tradesmen at Bromsgrove, who had given in estimates ; that he did know the politics of Mr. Wood of Droitwich, but that the only reason he was employed was, because his con tract was the lowes t. Mr. Ricketts admitted that his sister was married t r. Cutter, and that the brother of Mr. Cutter, Mr. J oh n Cutter, possessed property in the neighbourhood of Bromsgrove, but that he was not aware, until he saw it in the article complained of, that there were any brickworks on that :property, that since the article appeared he had learned that bricks were made on Mr. John Cutter's property, but;that the brick works were at the distance of a mile from the pro posed station-house The applicantdeniedhad . roved by s, at he should have the Commttee, every step taken had b een a pp been actuated by any improper motive and stated i th a a n ct d ed by pr th ec e is Q ely ua a r s ter he S b es a s d ions, h adbeen acting on done a i n f d be that his own private account. Mr. Justice ParrEsoN---Take a rule. -- Rule nisi ranted. GUILDIIALL.—(THIA DAY.) A respectable-looking lad, about 15 years of age, named Thomas Winter, was placed at the bar befre d SI Chapman Marshall, on the charge of having obta o ine a quantity of valuable law books from several barristers and solicitors residing in the Temple and Chancery-lane, on a false representation of being sent to borrow them by Mr. Snell, the law reporter. Mr. Snrvthe, of 41, Chancery-lane, said the p risoner came to him on Saturday, an d requested a loan of three volumes of " Dickenson's Reports" for Mr. Snell, which he gave him, but was soon afterwards informed by Mr. Snell that he had never sent for them. Mr. George Snell said, from information he received he went to several gentlemen from whom he was in the habit of borrowing books occasionally, and found that several had been given without his authority. From Mr. Clarke, of the Middle Temple, the prisoner sue- to I,‘? rA tes ! 54, l 4 e jail,' or THE SUN, LONDON, MOtkIDAY, NOVEMBER 8. 1841. ceeded in getting in his (Mr. Snell's) name three volumes of " Chitty on Pleadings." Mr. Smythe said these books had been sold at a book shop in Holborn, kept by a person named Mason ; the. three volumes of " Diekenson's Reports" for 35., and " Chitty 'on Pleadings" for 65., either of which were well. worth three guineas. Sir C. MARSHALL said there might be other cases against the prisoner, and he should therefore remand him to this day week, to afford time to the police for making inquiries. FIRE IN MANCHESTER. (PROM OUR OWN REPORTER.) MANCHESTER, SUNDAY MORNING.—Last night about six o'clock, an extensive fire broke out in a large mill situated in Jersey-street, in this town. The mill was a very large one, and more than 350 hands were em ployed in it, and will in consequence of the fire be en tirely thrown out of employment. The building was six stories high, and filled with valuable machinery for the preparation and manufacture of cotton. The whole of the mill, with the exception of the two lower rooms, was in the occupation of the owners, Messrs. Copley, Barrow, and Co. We regret to state that considerable delay and inconvenience occurred in procuriug a sufficient supply of water, and it was not till the whole building was en veloped in flames, that the engines could be brought into full play. Such was the rapidity with which the flames raged, that all hope of saving the building was out of the question. Mr. Rose finding this to be the case, directed his efforts to the saving of a portion of the building. which was separated from the mill by a partition wall. This part of the building contained the steam-engine, and a considerable quantity of machinery for the preparation of the yarn or warps, as it is called, before being sent to the power-loom. The mill is situ ated in the midst of a dense population, and surrounded by small cottages, with but a very narrow street between them, and great apprehension was felt by the inhabi tants as the lofty and massive walls of the factory came down with a tremendous crash at short intervals during the progress of the flames. As we stated' above; the fire broke out soon after six o'clock, and by half-past nine the whole of the large mill was completely gutted, and the walls and machinery mingled together in a mass of ruins almost levelled with the street. We learn that the estimated loss is about 15,0001., and that Messrs. Copley, Barrow, and Co., are insured for 10,5001. Mr. Pooley, by whom the two lower rooms were rented; is also insured, but to what extent is not ascertained. No serious accidents occurred to any of the people engaged in extinguishing the flames. THE FIRE IN THE TOWER. It having been announced that the Rev. Henry Mel ville, the recently-appointed Chaplain to the garrison, had returned to England, and would preach his first sermon in St. Peter's Chapel, yesterday morning, the greatest interest was manifested to obtain admission. The church is remarkably small, and was crowded to excess. The whole of the officers on duty in the garri son attended, and the Adjutant-General, Sir J. M‘Donald, the family of Lord Hill, and the Lady Emily Seymour, were among those present. Mr. Melville took his text from the Second Epistle of St. Peter, chap. 3, v. 11—" Seeing then that all these things shall be dissolved, what manner of persons ought ye to be in all holy conversation and godli ness," and expressed his conviction that it was the duty of ministers on extraordinary occasions like the present, assembled as they were amid the ruins of that which was once so stately, to extract from it some profitable theme for observation and 'reflection. In the course of his very eloquent sermon the Rev. Gentle man observed :—Lament we must the proud memorials of our national fame, which are now nothing more than smouldering ruins ; but Blenheim and Waterloo still exist in the minds of men ; and though the trophies so honourably gained be wholly lost there will be found in our country brave soldiers ever ready, when danger threatens, to defend the honour of their fatherland ; and if the wheel of the " Victory," which has so often been guided in defence of our liberties, be Crumbled into dust, there is an army and a navy which will ever respond to the spirit stirring call of "England expects that every man will do his duty." Let those whose fame is doubt ful mourn hopelessly the loss of trophies such as these — that of England rests on too stanch a foundation to be affected by the like contingencies. But how forcible are the words of the apostle, and, standing amidst the scene of desolation around, how applicable the demand, What manner of men are ye in all holy conversation and god liness ?" FUNERAL OF WIVELL, THE FIREMAN. Yesterday afternoon being appointed for the funeral of diehard Wivell, cite of the firemen who was killed at the fire of the Tower yesterday week, and, in conse quence of it being stated in the papers that the interment was appointed for two o'clock, the church and church yard of St. Saviour's, Southwark, was crowded to excess, and by the time the funeral arrived, which was just be fore four o'clock, there could not be less than from 3,000 to 4,000 people present; every spot which could afford a view of the place of interment was densely crowded. At half-past three o'clock the funeral procession left the residence of Wivell's mother, in Pitt's-place, New Park-street, Borough, in the following order :—Mr. Braidwood (the superintendent of the London Fire Bri gade), the four foremen of the A, B, C, and D districts, after which came the coffin, the pall being supported by the six eldest engineers and deputy foremen ; upon the lid of the coffin were placed the coat and helmet of the deceased ; after which came the mourners, about 30 in number, the chief mourner being the mother of the deceased ; and after them came 40 of the brigade. When entering the western gate of the churchyard it was with great difficulty that the police could clear a sufficient pas sage for the procession ; the coffin was taken in at the eastern door of the old church, when a most tremendous rush took place, which, to say the least, was highly dis graceful, while the gallery staircase of the new church was filled with a dense mass of persons ; and during the time the funeral service was being performed by the Rev. Mr. Barrow, persons of respectable appearance remained co vered. The interior of the church was also crowded, from it being expected that the Rev. Mr. Curling would preach a funeral sermon. While the funeral service was being performed, an acci dent of a most serious nature happened in the church yard: a boy, about 14 years of age, had climbed up to the top of one of the trees ; by some. means his footing gave way, and he fell with considerable violence on the iron spikes, some of which entered his thighs and body, and whero he remained for some seconds impaled. COiiONER'S INQUEST. On Saturday an inquest was held before William Carter, Esq., the Coroner for Surrey, at the Kentish Drovers, Old Kent-road, respecting the death of Mr. Thomas Atkins, one of the inmates of the Licensed Victuallers' Asylum. The deceased had arrived at the advanced age of ninety-four years, and the circumstances of the case were very extraordinary. Mr. James Seaward stated that he had been a licensed victualler, but now resided at No. 54, in the Asylum. The deceased lived at No. 53. On Monday night wit ness went to bed at eleven o'clock, and soon after he heard a noise like the falling of a chair. Instantly afterwards he heard dreadful groans, and they seemed to have come from some one who was in an adjoining room. He and his wife got up, and were soon alarmed by Mrs. Grafts, one of the inmates, knocking at the door, and calling out, " For God's sake come down, there is something the matter, and I believe it is Atkins." They instantly went to his house, and could not find him either in the parlour or bed room. Witness, upon looking round, discovered that the window was open, and he again distinctly heard groan ing. Before looking out of it he saw the deceased lying on the pavement and moaning bitterly. He went down to his assistance, but the deceased said, " Let me alone." Witness, with the assistance of his wife, conveyed him to his house, and Mr. Ward, the surgeon of the Institution, having been sent for, most promptly attended. There was a severe wound on the temple. He was put to bed, and witness was with him for some hours. By the CORONER—In consequence of the deceased's advanced age the Governors had directed a nurse tocon stantly attend him. The CORONER—In what way do you account for what you saw ? Mr. Seaward—The deceased was under a delusion that at some time a carriage would run over him, and I think that under this impression, and to avoid the imaginary danger, he jumped from the window. The CORONER—Had lie his clothes on ? Mr. Seaward— No ; nothing but his shirt, and when I went to him he said, " Take me away, take me away, the carriage will run over me." Mr. Ward, the surgeon, was next examined, and stated that he found the deceased covered with blood, and his hair was completely matted with it. The blood was flowing profusely from a wound on the temple. He was at that time quite insensible. Witness attended him up to the time of his death. He was not labouring under any infirmity •except that of old , age. He died from concussion of the brain caused by the fall ; there was _ _ no fracture of the scull or dislocation of the limbs. Mr. Ward here stated that a year ago the deceased gave his son a sovereign to buy his little necessaries, but instead of doing so, he never came to see his father until Saturday last. The daughter called at witness's house, and was told the dangerous state her father was in, but she said she must go home to Kensington. He prevailed upon her to stop, but she went home the next morning without having seen her father. The CORONER observed that it was cruel and most un natural treatment. The nurse was called in, and fully proved that every possible attention was paid to the deceased, who always, she said, appeared in full possession of his mental facul ties. On the Monday night she placed a bottle of warm water at his feet, and gave him a glass of wine and water. He was then perfectly coherent in his manner. The Jury, after a short deliberation, returned a ver dict of " Accidental Death." NEW COIN.—We have been enabled to ex amine a new " five-pound golden piece," the production of William Wyon, Esq., R.A., which, for chastity of de sign and beauty of execution, far exceeds anything that has been hitherto issued from her Majesty's Mint. The head of the " Royal lady" is clear and carefully defined ; and on the reverse Mr. Wyon has happily identified the exquisite fable of Una guiding the Lion with our own Queen. The likeness is preserved in both face and figure. When the coin comes into circulation, no cabinet of English coins cau be without it. We sin cere ly con gratulate Mr. Wyon on this chef-d'ceuvre of his art : his pure and classic taste is of great value to the country ; and everything within the sphere of his influence takes a high moral tone worthy his occupation. We must bear in mind that, above all others, the medallist labours for posterity ; his works are tests of the truth of history ; they mark the period and semblance of the age. It is pleasant to think that such labours cannot fail of being " time-honoured." —The Art-Union. William Nield, Esq,, Mayor of Manchester, will be re-elected to that office for the coming year. WYLD'S MAP OF ROUTES TO INDIA, &c. Mr. Wyld, of Charing-cross, has published a finely executed map of all the' routes at present travelled from London to India and China, by sea and land, with a scale of distances, and other valuable particulars, not to be found in other maps. There is also indicated on tills map a new route, chiefly overland, avoiding the terri tories of France and Russia, as well as the inconvenience and uncertainty of a long sea passage. This route is re commended by Mr. Wyld, after (we believe) a personal examination of the whole line, and it is interrupted only bj a passage of 130 miles across the Black Sea, from hostingi to Sansoom. The roads the whole way are good, and the countries peaceable, and most likely to continue so. We have likewise-seen a very ingenious and most use ful " Corn-law and Currency Chart," compiled by the same gentleman, which -shows the fluctuations of corn, currency, and Consols, and of our exports and imports, revenue and expenditure, from 1790 to 1840. So much valuable information, upon so many important subjects, was never before compressed into se small a space, or presented so clearly and strikingly to the observation. It will be an effectual aid to the Anti-Corn-law advocates, in the illustration of the manner in 'which the " Devil's law" has operated. MUNICIPAL ELEI (R., Reforme: R. T. 3TION RETURNS , ---T., Tory.) Aberdeen Albans (St.) Andover Andrews (St.) 9 Ayr .. Barnstaple Bath Bedford Beverly Bew•dly Bideford Birmingham ... 17 Kirk aldy Lancaster Leeds (Leeds paper) 12 4 Leicester l2 2 Leith Liverpool Lyme Regis Lymington Lynn Regis 1 5 Manchester l5 1 Musselburgh . Newcastle-upon- Tyne Northampton 2 4 Nottingham Oxford 4 6 Paisley Penryn Pontefract Port Glasgow 3 1 Preston Reading , Ripon Rochester 'Scarborough Shrewsbury (Tory Paper) 9 21 Southampton Stirling Stockport 7 .• . _ - Brecon Bridgewater Bristol Bury St. Edmunds ... Cambridge Canterbury Carlisle lO Chester Chesterfield Chippenham Colchester... Cork Cupar-Fife Derby Devizes Dover Dublin Dumferline Dunbar ..• Durham Edinburgh Evesham Exeter Falkirk 4 Falmouth 4 Gateshead 6 Gravesend & Milton ... !Sunderland ll Tamworth Truro Wallingford Walsall War wick Welchpool ___. Wigan 3 ' Windsor Guilford Haddington Harwich Hastings Helston Worcester Wycombe Ya - rmouth York Total ...531 375 Reform Majority, 156. Kendal Kingston The above returns are from the provincial papers and may be relied on for their accuracy. The meagre re turns, afforded by the local prints in many cases, furnish such unsatisfactory data as not to enable us to present them in the same shape as those above. The following summary will, however, give a fair idea of such : Reformers in majority, but no numbers sent : Arundel, Dartmouth, Devonport, Hertford, Hereford, Norwich, Tiverton, G r eenock, Portobello, Ludlow. All Reformers who were returned, but no numbers sent :—Lincoln, Macclesfield, Morpeth. No contest :—Newport (Isle of Wight), Richmond. All Tories :—Newark. In Scotland the Tories have done next to nothing. Perth : great preponderance on the Liberal side. In verness : the whole of the new Councillors Liberals. Glasgow : a gain of one Liberal. Inverbury, Banff, Peterhead, no numbers or statement of politics given. PHRENOTYP ICS OF BENIOWSKI. On Saturday evening we had the great pleasure of attending Major Beniowski's class (his last lecture) for artificial memory, his improved system of which he calls by the appropriate name of Phrenotypics. It is to us the more gratifying to be able to testify to the ease and certainty with which this system has been mastered by two classes of adults, each in six lessons, at the Adelaide Gallery, as we have repeatedly and strongly expressed our prejudice against the art of Mnemonics, and have been very slow to recognise the merits of this gentleman's adaptation. If we have been cautious in our approbation, we shall not, on that account, be the less frank in the avowal of our con viction that the learned and ingenious Pole has really contrived a simple and easily acquired series of phrenotypies, by which every kind of knowledge, in the acquisition of which merely technical memory is useful, can be rapidly and permanently imprinted on the mind. One gentleman, who had received but four lessons, com mitted to memory from our dictation, and repeated thirty-six words in six strange languages—Hindu, Hebrew, Arabic, German, Polish, and Celtic, in less than five minutes. It is not too much to say, deliberately and earnestly, that the Major's system is well worthy the attention of all who are concerned in the education of others, or who desire to improve themselves. --:- ----- His Excellency Sir Stratford Canning, paid farewell visits to the corps diplomatique and the Earl of Aberdeen yesterday, preparatory to his departure for Constantinople. Sir Stratford, who has been detained a few days longer than was expected, leaves this evening, or early to-morrow morning, for the Turkish capital. His Excellency intends to proceed via Trieste, accom panied by the Hon. R. Curzon, his Excellency's Private Secretary. CORNS.—In the Lancet of last week, is a com munication from Mr. Wetherfield, surgeon, of Henrietta street, Covent-garden, in which he mentions the novel and ingenious application of amadon, or German tinder, to a variety of important purposes, and among others to the cure of corns. It is contrived so as remove all pres sure, there being don, which protects the corn from the friction of the shoe , a small ap er t u re in the piece of ama while the anodyne plaster tends to raieve the pain, and promote the aliorpiion,of the corn. THE EXCHEQUER BILLS FRAUD.—Edward Beaumont Smith, who is charged with being principal in the frauds in Exchequer bills, is son of C. D. Smith, Esq., who was Governor of Prince Edward's Island from 1816 to 1823. He was removed from the government of the island in consequence of his exaction of quit-rent, contrary to Royal instructions. Notwithstanding his disgrace, and a strong remonstrance from the inhabi tants of the island, Sir Robert Peel granted him a pen sion of 50C/. per annum during the time he was in office in 1834, which he still enjoys. Sir Robert justified the grant of a pension on the ground of Mr. C. D. Smith being the brother of Sir Sidney Smith, the hero of Acre. —Globe. „ R OB BERY AND MURDER IN THE CHEDDAR CLIFFS.--The celebrated chasm in the range of the Men dip Hills, known as the Cheddar Cliffs, was on Monday last the seen" of a brutal murder and robbery, committed on a farmer named Baker, who occupied Higlinet farm, near Cheddar. The murderers are suspected to be two per- sons in the dress of navigators or railway men, for whom search has been making.—Dorset Chronicle. WORTH KNOWING.—A chimney on fire in London was, a day or two since, effectually put out in the following easy and expeditious manner:—ln the first place, a large pitcherful of water was thrown into the grate. which, of course, generated a considerable quail ti!,f of steam. A sheet was then fastened up in front of the fireplace, in such a manner as to prevent a current of air from ascending tho chimney, and in less than five minutes all signs of blaze or fire in the chimney had en tirely disappeared. DISTRESSING SUlClDE.—Thursday afternoon an inquest was held at the Duke's Head, Fore-street, Lambeth, before Mr. Carter, Coroner for Surrey, on view of the body of Mr. William John Rich. For merly he was in very wealthy circumstances, but for some years past he had suffered greatly from embar rassments, so much so that he was obliged to work latterly as fellowship porter, but his hetath being very indifferent he could earn very little at such em ploy. He was discovered suspended to a beam in an out-building of his premises by a cord, on Tuesday morning.—Verdict, " Temporary ment a l d erangement. ' DEATH OF GEOR GE CONDY , as I v ! Condy had b een d ec li n i ng in o'clock in th e a ft ernoon, aged Condy, for many years Proprietor an d Edi tor o f the Manchester Advertiser , de p arted th is life on Thursday last, about fifty-four years.hl f-p mt health for upwards of three years, and during the last six months he had endured great suffering. He retained his faculties to the day of his death. Of the integrity of his principles as a politician, we may speak in unqua lified terms. Many have been the opportunities pre sented to him—not a few of them studiously thrown in his way—of advancing his personal interests, had he been capable of betraying the cause of sound Radical Reform for private advantage. As a scholar, Mr. Condy was most accomplished, and as a critic, either of music, painting, or the drama —on which subjects his pen has been too rarely exercised of late years—he has left be hind him few equals.—Manchester Advertiser. DREADFUL ACCIDENT TO A YOUNG LADY IN THE REGENT'S PAns.—Yesterday afternoon, between three and four o'clock,. a dreadful accident occurred in the carriage drive, in the Regent's Park, to Miss Ellen Rodway, daughter of Colonel Rodway, re siding in Harley-street, Cavendish-square. It appears that as the unfortu nate y oun g lad y , in company with her father and bro ther, were tak ing an airing on horseback round the circle of the Regent's Park, her horse, a high-spirited animal, sudden ly became restive, and the roadunin unmanageable, haobtine dashing furiously f rom one s id e o f r. In her alarm, she lost all com mand, and was thrown to the ground with great violence, falling on her face. She sustained serious injury. Most fortunately, the horse was secured by her brother seiz ing the reins, otherwise she must have been dragged by her foot until the animal could be stopped. NORTH MIDLAND RAILWAY.+The trains upon the North Midland Railway are distinctly heard in Warmsworth-field, and even on Hexthorpe-common, when the wind is favourable. They can also be heard OR Barley-moors, a distance of upwards o f ten miles from the line of rails."—Leas Mercury. SPAIN. The following decree was issued by the Regent on the 29th ult., and which may be termed the new Constitution of the Basque provinces : " TO HIS HIGHNESS THE REGENT. . " Most Serene Senor—The rebellion which was ex cited against the lawfully constituted Government of this country has been crushed ; it now becomes the duty of the same Government to establish its triumph, and to put an end for ever to new reactions. The general attri butes conferred by the Constitution of the monarchy on the Executive, as well as the special powers granted by the law of the 25th of October, 1839, are sufficient to point out the line of conduct which it is now necessary to follow, freed es it is from the obstacles which formerly encountered it in a more legitimate form, but which have now completely disappeared. The deputations of the three Basque provinces, having falsified their in cessant protestations of loyalty, raised the standard of insurrection, but startled at . the cry of horror uttered by the entire kingdom, they have abandoned the country which they intended to compromise, carrying with them the conviction that the Basques would not make common cause with rebels. The administration thus became helpless, and the superior political authorities saw at once the necessity of adopting provisional measures, in order that the action of the Government should not be paralysed, and in order that the serious evils thus threat ened might be avoided by the people. Under these cir cumstances, the first consideration suggested was that of reorganization, and the Minister who subscribes this paper is of opinion that a case has arisen for the appli cation of the principle of constitutional unity, and that to this principle must now be submitted every other spe cies of institution, however previously opposed to it. " The Government charged by the 45th article of the Constitution with the preservation of public order in the interior* cannot confide this case to mere agents, who boast of an absolute independence, and who have practised an opposition to its determination of so sys tematic and uninterrupted a kind as not even to stop at rebellion. The Government, though not professing principles of such extreme centralisation as to crush all provincial and municipal interests beneath the weight of the fiscal authority, proclaims the administrative unity and the real dependence of its agents in everything which relates to the functions conferred on them by the Government : to act otherwise would be to render any system of government impossible ; and such a thing as ➢Zinisterial responsibility would have no existence. Hence arises the necessity of confiding the protection and public security in the Basque provinces exclusively to the agents of the Government. " The action of the executive power is now the only one which suffers impediments under the present system. The Legislative authority receives a new veto which is not recognised, but rather repelled by the constitution. The laws solemnly sanctioned by the Crown, after having been voted by the Cortes, in which the Repre sentatives of those same provinces are sitting, as well as the decrees of the Government, are obliged to be sub mitted to the foral pase,f and those laws, and those de crees, which happen to please the provincial authorities are the only ones which obtain their ratification. Neither is the judicial authority exempt from the ordeal of the pase ; its judgments are contravened by the strange in tervention of a Provincial Administration, which assumes to itself the power of impeding the execution of the ju dicial sentence. . . " Thus the pase conspires against the harmonious di vision of the high attributes of the State, against the dignity of the Crown and of the Cortes, against the powers of the Government, and against the judicial in dependence and authority of the courts of justice. Such an anomaly . must therefore entirely cease to exist, inas much as it is incompatible with the fundamental laws of the monarchy. " The 69th article of the Constitution provides that the deputies of provinces shall be named by the same electors as the deputies to the Cortes. In the Basque provinces the right of electing is limited to a very few persons, and those do not represent the country ; in the province of Biscay the election is conducted by ballot. The absurdity of such systems of franchise has the ef fect of imposing on certain families and casts the whole weight of the public burdens, so as to render them the patrimony of a few. With respect to the ayuntamientos, it is not the quality of Spaniard or of resident which confers the electoral right, active or passive ; to be an elector it is necsssary to be an hidalgo, or a Biscayan by origin. The modes of election vary in every town, according to its peculiar ordinances and cus toms. Thus it happens, that from the election made in council to that effected by the ballot, or by lot, there are manifold forms of municipal organization. Privilege takes the place of general rules, the municipal offices are retained in perpetuity by a few,who seem to assume the right of transmitting them to ieir descendants, and that article of the constitution is of no avail which declares that ell Spaniards are equally admissible to public em ployment and public offices, according to their capacity or their merit. The time has come wen such a mono poly must cease. Your Highness has promised to free the people from that disgraceful tyranny by which they are bound. The 69th and icult articles of the consti tution must be now seriously realised. " The Minister who has the honour of addressing to your Highness these observations, proposes their applii cation to the Basque provinces, as the necessary means whereby to preserve the constitutional unity, and to free the people from the privileges which crush them. " The judicial organization which has been established; as well at the instance of the towns themselves as from the obligation imposed on the Government of taking care that justice should be promptly and completely ad ministered, has already effected remarkable ameliora tions, notwithstanding the obstinate resistance of the deputations. Biscay, whose judicial divisions and attri butes present a chaos, still exhibits the anomaly of akal dias rendered patrimonial by fuero—that is to say, that there yet exists there the absurd principle that the obli gation of administering justice is a right, or privilege, which can be purchased and transmitted as any other species of goods which constitute the property of private individuals. The creation of judicial districts is an exi gency of society which can no longer be deferred. "The establishment of custom-houses along the coast and frontier has always been considered as beneficial. It is recommended by all the good principles of adminis tration and economy. Agriculture, industry, and com merce, all equally require it, and it is exacted by the ne cessity of constitutional unity. These measures are by no', means of a novel kind. In the reign of Philip V., and during the preceding constitutional epoch, they were' brougt into effect ; .in order to consult the good of the Basque provinces as well as that of the entire nation these same measures must be now adopted. "But this is not all ; until a permanent administra tion for the country be organised a provisional one must be created. The attempt lately made in Guipuscoa§ has produced good results. The election of an administra tive and deliberative commission ought to be extended to the provinces of Alava and Biscay, in order that by these means the collection, distribution, and employment of the public funds may be properly secured, and that the political and material necessities of the people may be consulted. • " These considerations induce me to submit to your Highness the following project of a decree. " FACUNDO INFANTE. " Vittoria, Oct. 29, 1841. "DECREE. " The re-organization of the Government of the Basque provinces having become indispensible, on ac count of the .reasons which you have detailed to me above, after the manner required by the public interest, and the principle of the constitutional unity, sanctioned by the law of the 25th of October, 1839, I, as Regent of the kingdom, in the name, and during the minority of her Alajesty the Queen Donna Isabella Segunda, decree the following : " Article 1. The political corregidors of Biscay and Guipuscoa will take the denomination of Superior Po litical Chiefs. " 2. The protection and security of the public in the three Basque provinces will be committed exclusively to the Political Chiefs, Alcaldes, and Fieles, under their inspection and vigilance. " 3. The ayuntamientos will be organized in ac cordance with the general laws and regulations of the monarchy, the elections taking place in the month of December of the present year, and those elected taking possession of of f ice on the Ist of January, 1842. " 4. Provincial deputations will be named in accor dance with the 69th article of the constitution, as well as with the laws and regulation► affecting the whole of the provinces ; and such deputations will be substituted for the general deputations, and the general and particu lar juntas of the Basque provinces. The first election to take place at a period to be determined on by the Go vernment. " 5. For the collection, distribution, and employment of the public funds until the period of the installation the provincial deputations, there will be appointed to each province an administrative commission, composed of four individuals named by the Political:Chief, who will also preside at its distribution, and have the right to vote. This commission will be, also deliberative for those purposes considered necessary by the Political Chief. " 6. The provincialdeputations will exercise the func tions which have been exercised up to the present mo ment by the foral deputations and juntas, as well as those which are confided to them by the general laws of the nation for the election of senators, deputies of the Cortes, and the province, and the ayuntamientos. Until such provincial deputations shall be installed the Political Chiefs shall perform the whole of their functions, with the exception of the intervention in the election of sena tors, deputies to the Cortes, and of the province. " 7. The judicial organization in the three provinces will be assimilated to the rest of the monarchy. In that of Alava there will be brought into effect the division of districts, as provided for by the order of the 7th of Sep tember of the present year ; and in that of Biscay the demarcation of the judicial districts will be perfected without delay. " 8. The laws, the enactments of the Government, and the judgments of the tribunals, will be executed in the Basque provinces without any restriction whatever, in the same manner as they are executed throughout the other provinces of the kingdom. 9. Custom-houses will be established from the Ist of December of the present year, or sooner if possible, along the coast and the frontier, and, in addition to those which have been already placed at San Sebas tian and Passages, similar establishments will be formed in 'tun F uen tarabia, Guetaria, Deva, Bermeo, Pl enc i a, a nd Bilbao. io. The Ministers of Grace and Justice, of Finance, and the Home Department, will adopt the necessary measures for the proper carrying into effect of this de cree. You will take care that the above shall be carried into effect, &c. " The Duke of VICTORY. " FACUNDO INFANTE. " Vittoria, Oct. 29, 1841: " The following is an extract from the General Order, conferring a new decoration on the National Guards of San Sebastian, for the eminent services rendered by them during the period of the late insurrection. The Nationals of Pampehma are equally honoured :—" His Highness the Regent of the kingdom, desiring to afford rablic tes- timony of the esteem which the loyal conduct of the troops under his command merited during the events which occurred from the 2d of the present month, when the . execrable rebellion of Don Leopold O'Donnell com menced, has been pleased to grant to the individuals com posing the force alluded to a cross of distinction confor mable to the model approved of, which those who are decorated may wear on the breast in the usual manner. His Highness has been also pleased to grant the same distinction to the individuals composing the National Militia of San Sebastian, as a reward for the patriotism and fidelity with which they distinguished themselves, protecting the important town entrusted to them from the very commencement of the rebellion now so hap pily crushed." The following is a translation of the address to the Regent from the Ayuntamiento of San Sebastian:— " TO THE REGENT OF THE KINGDOM, &C. " Victory crowned your brow with her laurels. You gave peace to the country, and the Spanish people con fided to your care the deposit of their laws, their honour, and their Queen. No one is so worthy of such great and such distinguished confidence. " An impious faction tried to deprive Spaniards of their rights and of their Government. You flew to crush it, and it had not courage to await you. Your name terrified the rebels; in flight alone they sought for safety. " We remained loyal, because we have sworn to remain so, and we have never, no, not once, violated our oaths— those oaths which repose on our convictions. " A second time the pacificator of our country, we render to your Highness the homage of our sincere gra titude. Deign to receive the, protestations of the pure attachment which we profess. " And if our conduct, merits the esteem of your High ness, our satisfaction will be complete, our desire will be gratified. " San Sebastian, Oct. 30." (Here follow the names of the members of the Ayun tamiento.) * The article to which Senor Infante refers is the follow- i ing :•-•=" La potestad de bacer ejecutar las leyes reside en el Rei, y suautoridad se estiende a tode cuanto conduce a la con servacion del order publico en lo interior, y ala seguridad del estado en lo esterior, conforme a la constitution y a las leyes."--- Constitution de la Monarquia Espanola, Tit. vi., Art. 45. fi Pase is the privilege of affirming or rejecting the Royal decrees, or the enactments of the Legislature, assumed by the foral authorities within the Basque provinces. " Ayuntamientos will be chosen for the internal govern ment of the towns, to be named by those inhabitants on whom the law confers the right of elections."—Tit. xi., Art. 70. § Referring to the Commission of Finance named by the Political Chief a few days since, after the desertion of the deputation to Bergara, and to which I alluded in a late com munication. PORTUGAL. By the Tagus steamer, which arrived at Falmeuth on Friday with the Peninsula mails, we have received news from Gibraltar of the 28th, and from Cadiz of the 29th ult.; from Lisbon of the Ist, and from Oporto and Vigo of the 2d inst. v. Lisnozi, Nov. I.—The ten per cent. upon the interest of the national inscriptions of the public debt passed in the Senate on Wednesday last by a majority of 23 votes against 12 ' • this law does not affect the bank of Lisbon, which holds 3,800 contos de rein (about 870,0001. ster ling), of this paper as mortgages for loans, nor the Fo reign holders amongst whom Mr. Rothschild is one of the largest. In the Chamber of Deputies the debates have been principally of local interest. The discussion of the project for the sale of national property in Madeira and the Azore Islands, is not yet concluded. On Satur day last M. Jose Estevao, of the Oppolition, availing himself of an " interpellation" of Ministers, begged to be informed if it were their intention to do away with the liberty of the press, as upon a review of late Minis terial proceedirgs the acts of the Government were fast verging towards absolutism. M. Aguiar, the Prime Minister, assisted by his colleague, M. Rodrigo da Fon seca Magalhaes, endeavoured to answer the arguments of their certainly able antagonist, but to no effect. The queries in point, it would appear, have arisen from the numerous actions brought by Government against the journals of the Opposition press, which amount at pre sent to 47. Many of these have already been decided against the Government, and the greater number re maining are also expected to come off victoriously ; yet no doubt remains as to the object Ministers have in view —the ruin of the editors—because by the law lately framed by them, the editors, though acquitted, are liable to costs I It has been decided in a Council of Ministers to grant to the Spanish refugees, who so recently entered Bra ganza, a subsidiary daily pay of 240 reis (about ls. 2d. sterling) to each of the officers, and 50 reis (or 3d. ster ling) to each rank and file. Yesterday was the third anniversary of the birth of the Infante Don Luis Felipe, Duke do Porto, second son of her Most Faithful Majesty; but, being only a pequena gala, no drawing-room was held; a few congratulatory visits were made at the palace. Exchange upon Lisbon, at 30 days' sight, 534 d. to 54d. per in ilrei. BELGIUM. BRUSSELS, Nov. 6.--Prince Joseph de Chimay, En voy Extraordinary and Minister Plenipotentiary of Bel gium, at the Court of the Netherlands, is appointed Governor of the province of Luxemburg. It is at his own request, made long ago, and lately repeated, that the Prince de Chimay receives another distinction which was indicated by himself. After having settled his family at Arlon, the Prince will re turn to the Hague to aid the negotiations which' are pending, and to take leave of the King of the Netherlands. The King and Queen went the day before yesterday to the theatre to witness the performance of the Hugue nots. They were received with more than usual enthu siasm, and the representatives of all classes seemed de sirous to manifest their attachment to the Throne, and their disapprobation of the insane attempt of some indi viduals blinded by party spirit.—ltioniteur Beige. A view of the commerce of Belgium with foreign countries in the year 1841 has just been published by the Departments of Finance. It is a quarto volume of 200 pages. During 1840 the amount of goods imported was more considerable than ever was before. The same may be said of the transit trade, which has doubled in five years. If there is but a small increase in the ex ports, this is partly owing to a difference of several mil lions in the exportation of lemons. The bar of Brussels being fully engaged in the inves tigation of the conspiracy, refer to the competent tribu nals in the neighbourhood all the affairs which are not necessarily in the resortof Brussels. LITERATURE. THE LAWS OF LANDLORD, TENANT, AND LODGER, 6-c. By John Pater, Attorney-at-Law. Stevens and Norton, London. This work is drawn up in a familiar style, in the form of question and answer, and contains much information on subjects which interest nearly every person in the community. On the more intricate cases of ejectment the writer does not profess to enter, and properly so, as im perfect information in such instances might lead LO ruinous law-suits, and the book being of a very limited size, could not contain one half of • them. It is intended rather as a manual for private individuals, as well as for brokers and agents, embodying numerous decisions on the more ordinary. disputes between landlord and tenant. It contains a copious.in dex, - with an appendix of forms for leases, notices to landl6rd or tenant, authorities from a landlord to another person to distrain ; also the legal mode of making out an inventory by the party distraining. The authorities for the points of law laid down are generally given. The fol lowing extracts respecting lodgings will be found GREECE. ATHENS, OCT. 20.—King Otho is luxuriating in what he calls his victory over England—that is, in having obliged Mavrocordato to resign the Ministry, by which it has fallen into the hands- of Christides and his set, who are complete creatures of his own. A number of the Constitutional party determined on raising a public subscription in order to purchase a house or a small estate to be presented to Mavrocordato as a mark of their esteem, and as a mark of national gratitude for his long and valuable services to the Greek nation ; it was announced through the public papers that a sum of 20,000 drachms was already - collected, and that all those who wished to contribute their mite should apply to Professor Negris, of the University, and a M. Agellastos, a Sciot banker. The Govern ment took the alarm at such a decided step of the national party." They wrote furious articles against the subscription in their own paper, the Courrier Grec. But not content with that, the treasurers were cited be fore the police court, ordered to give up the names of all those who had subscribed (which, of course, they re fused), were threatened with prosecution, &c. ; they, nothing daunted, declared that they would receive any subscription offered them, and formally protested against such illegal proceedings on the part of the Government. Orders have been sent to all Governors, Heads of De partments, &c., and particularly to the gendarmerie, to prevent any individual from subscribing ; and if a sin g le employe of the Government dare to subscribe, he will be immediately dismissed. I have, however, something stranger still to relate to you of King Otho. The Mirarquo Tzinos (the man so often accused of torture, &c., and against whom the British mission has had to complain so often) was tried yesterday for several illegal acts, such as having struck the Editor of one of the papers in a cowardly manner ; of having illegally tortured divers British and Turkish subjects, &c. The trial is exciting the greatest in terest, and, from the immense number of witnesses, is likely to last some days. However, what does King Otho do on the first day of the trial? Ile invites Tzinos to dine at Court. One of the Aides-de-Camp, thinking it might be some mistake, determined (a bold thing, bye the by) to ask his Majesty if he was aware of the circumstance that the man was on his trial , it being against all rule and nonsensical things." ' reg ulation that under such circum s t ances an employe s hould be invited to Court. The King, howe ver , rep li e d he l w am as t hoa b r e py tri t e o d in fo ro r r a m fe y w ou " thato setnhseica has just been published in the affair of the Alir^r no t w ithstanding all Court intrigue the que lzmos, and Judges found him guilty, and he is sentenced Co 40 days ' • A he says he knows he shall have im p risonment ; his Majesty's pardon. It will be a dangerous experiment, as his M • ajesty will be called his abettor in torturing his subjects. IMITATION OF THE LANDLORDS PLUNDZR ma THE POOR.-It has been found that for some time past the retail shopkeepers in the lower parts of the town, by whom the poor are principally supplied with groceries, have been vending sugar containing a large proportion of starch, or some such substance ; and that this has been supplied to them by persons in the town, having hitherto a character for respectability! who have met with a large demand for it, by o fferin g d . it . at a very c h eap rate—four shillings a hundred weight b yrc i d weight less, we b e li eve , th an it can be sup. the wholesale de a lers in Liverpool. The dullerat a finer ing ingredient, starch or potato flour, gi appearance to the sugar, and many pers.otnhs,aavdeesbtliVadolbdy, this and by the cheaper rate at which l iam shameful practice have been induced to buy it. told a sad tale with the grocers suppl y ing atter to the bottom, has been carried on for some tirmille,isansdof course has h ar t! ticle. Being determined to sift the s s and procured sam a party of them visited several shops as well for their own protection a s that of the public, p. foundl e s sugaroftotheeoet so 1d.n,0l d .n,o t l h ' i h e e k s e it, were however,tested and r that adulterated sugar is now duty to mention the people, and more especially ai cont a i n usually starch. that people, sufferers, may be put upon b th e e in / le Journal. [lt is sold in other towns.] their gnard.—Car is g poor,so sold who o thisa are e t o t Iv , e n f 3 ,:t r t fi e a a PARIS RAILROA DS. —The followin g . is an ac count of the traffic and receipts on the Paris railroads for the last month: —St. Germaine, 95,127 passengers, 77,753, 90,221 f.; t07,640f. receipts ! Versailles and St. Cloud, 104,313, 118,025 f.; Versailles and Meudon, Corbel], 81,053, 113,351 f, EVENING gUN useful:— Before you take lodgings, particularly those which are unfurnished, you should see that the rent of the house is paid up, and will likely continue to be paid; for if not, your furniturenand goods will be liable. You should also make inquiries on the subject of the housekeeper's landlord, and also of the tax-gatherer and collector of the parochial rates ; for if distresses are levied for them also, it may cause you considerable inconvenience, though for the latter your goods have no right to be seized. If you take fixtures from an outgoing tenant, be careful to ascertain that you are not paying for what in fact be long to the premises, and which the individual selling has no right to dispose of. There should always be a written agreement, specifying the terms of the letting ; the amount of rent; the time of entry; the length of notice to pit required, and such other matters as the particular circumstances of y our case may require. If the lodgings are furnished, it will be requisite for you to have a schedule of the goods they contain affixed to your agreement. Is a lodger justified in quitting apartments without notice, merely from a fear that his goods may be seized for his landlord's rent? No ; however reasonable his fears may be, he cannot remove without notice.—Rickett v. Tullick, 6 Carr. and Payne, 66. A person who verbally agrees to take apartments in the house of another, upon the strength of which the bill for letting is removed from the window, cannot be compelled to perform his undertaking, which is void within the meaning of the 4th section of the Statute of Frauds ; but it is otherwise if the party had paid anything in earnest, or entered on the premises, which would ap pear as part execution of the contract ; which, if so, would enable you to maintain an action of assunipsit against him for not occupying the lodgings pursuant to the undertaking.—lnman and Stamp, Stark 12. COURT CIRCULAR. THE QUEEN DOWAGER. The official account of her Majesty's health, received on Saturday, was as follows : " The Queen Dowager slept at intervals during the latter part of the night, has been less harrassed by her cough, and her Majesty is somewhat more comfortable this morning. "DAVID DAVIES, M.D. " Sudbury Hall, Nov. 5, 1841." Lady Peel and Lord Fitzalan were among the earliest inquirers at Marlborough-house, her Majesty's town residence, on Saturday, to learn the state of her Majesty. ' The Earl Howe, Lord Chamberlain to the Queen Dowa ger, forwarded an account of her Majesty's health, from Sudbury Hall, on Saturday, to her Majesty and Prince Albert, to her Royal Highness the Duchess of Glouces ter, and the other Members of the Royal Family. The. - account was received soon after ten o'clock at night. The bulletin issued in the morning at Sudbury Halt was also received at Marlborough-house. The foliowing-, a copy : " Her Majesty the Queen Dowager remained in a state of great feebleness the whole of yesterday, but has rallied a little this morning. " WILLIAM FREDERIC CHAMBERS, M.D. DAVID DAVIES, MD. " Sudbury Hall, Nov. 6, 1841. The Nobility and Gentry called yesterday at Marl borough House ; amonc , the inquirers were the Earl of Beverley, the Earl of Lincoln, Lady Wharncliffe, Vis count Tcmpletown, and, Sir Augustus Clifford. Count Kielmansegge, the Hanoverian Minister, and a few of the Foreign Diplomatic Corps, also attended yesterday at Marlborough House, to make their inquiries after the health of her Majesty. Last evening the following bulletin was received at Marlborough House : " The Queen Dowager has had a disturbed night, but her Majesty is rather better this morning. " WILLIAM FREDERIC CHAMBERS, M.D. DAVID DAVIES, M.D. " Sudbury Hall, Nor. 7, 1841.7 Letters for her Majesty and his Royal Highness Prince Albert, at Buckingham Palace, and for the members of the Royal Family, at their respective residences, were also received at the same time, and were forwarded. Dr. Chambers arrived in town last night from Sudbury Hall, and immediately proceeded to Buckingham Palace to announce the state of her Majesty the Queen Dowager. The Queen and Prince Albert walked yesterday fore noon in the garden of Buckingham Palace. Her Majesty and Prince Albert, and the Ladies and Gentlemen of the Royal Household attended Divine Service yesterday morning at Buckingham Palace. The Hon. and Rev. Mr. Keppel, Deputy Clerk of the Closet in Waiting, officiated.' In the afternoon her Majesty and the Prince walked in the Royal Gardens.. - Her Royal Highness the Duchess of Kent visited her Majesty on Saturday. Her Majesty and Prince Albert walked in the Gardens of Buckingham Palace on Saturday. Her Royal Highness the Duchess of Kent attended Divine Service yesterday morning in the Chapel at Ken sington Palace. Lady Charlotte Duridas was in Wait ing on her Royal Highness. His Royal Highness Prince George of Cambridge visited the Duchess of Kent on Saturday, at Clarence house. _ _ _ Lord Ellenborough, Governor-General of India, has left town to embark for India. Despatches were received yesterday at the Colonial office from the Lord High Commissioner of tbe lonian Islands, and from the Governors of Malta and Gibraltar. Despatches from the Governors of New South Wales, and of the Cape of Good Hope, were received on Satur day at the Colonial -office. FASHIONABLE INTELLIGENCE. ARRIVALS. Sir Charles and Lady Wetherell, and tho Hon. Mrs. Warnford, at Long's Hotel, Bond-street, from Brighton ; Captain Robyns, 32d Regiment, at ditto, from Canada ; Colonel Challoner, at ditto, from Portnal Park. Rev. Robert Wetherell and Lady, at the Waterloo Hotel, Jermyn-street, St. James's, from Fenny Stratford ; Charles 11. Mundy, Esq., and Lady, at ditto, from a tour ; Mr. and Mrs. B. B. Williams, in Portland-place, from Paris ; Miss Dennett, Rev. Mr. Hutchinson, Bouverie, Esq., at the Gloucester Mote', Piccadilly ; Miss Forre G s i t a , rna a .b t ilie N i: e lad l t s u o drs n iit 's atoy, P .fr o ao rd t:ld an_ iLit d x.lo. H e,r e pf:oo:o :: Portland-place; Mrs. George Airey, at ditto, from (14 eat Yarmouth ; Captain and Mrs. Lewis, at ditto ;, R. r T. K Th in o d rp ers e Dr. l: an sci diM an rs d . DEPARTURES. John Wilkes, Esq., and family, from Nelson's Port land Hotel, Portland-place, for Essex ; C. G. Parker, Esq., and Mrs. Parker and family, from, ditto ; Joseph Veneira, Esq., from ditto, for Liverpool ; Sir G. and Lad, Horton, Sarney, Esq., and Mrs. and Miss Sarney, T. F. Grant, Esq., Mr. and Mrs. Neubold and fainilY, from the Gloucester Hotel, Piccadilly ; Mons. and Mae. G . line, from Long's Hotel, Bond-street, for Paris ; Mr a. Jervoise, from ditto, for Moore Park • Henry Thompson, Esq., from ditto, for York •, F. kobir .son. Esq., from ditto, for Cheltenham ; Robertson Bar clay, Esq., from ditto, for Gloucestershirr ) ; the Rev. H. Young, from ditto. for Colchester ; obert Holmes, Esq., ditto, for Ireland ; H. J. Co ore, Est , from ditto,. for Ramsgat e ; H. Cooper , Esq., St" Hussars, from ditto, f or M anc h ester ; E. 1' ,unkett from ditto, fur Lord Fingall's ; T. N. AY ) en, Esqy : i v r om ans, ditto, for the Vache ; Li e uten an t-Col. from ditto ; Mon s . A nnessou , f ro m ditt 4 4 , feOrl43LY CORONER'S INQUES'.I:fON MRS. MORG AN • TO THE EDITOR CF THE SUN. SIR— In your account of a Co."..oaer's inquest, held at the Royal Oak, Galway-street, St. Luke's, on the body of Mrs. Elizabeth Morgan, you strAte her residence to be 41, Ironmonger-row, it .vas 40.—1 remain TT yoHEWur's, ve S. ry IV. IL MA respectfully, 1541. Tlovember 7, contained The Observer of S unda y , No. 2, Catherrine-placa,Pitnlica,Nov. 6, the most copious and correct particulars of th e fi nt+ to the extent of fourteen of the Observer's wide and long folio columns, with explanr.tory eng ravin g s of the ap pearance the fire from the River front, and the - o f in terior of the _Armoury, when the conflagration was at its Arkcoll, of Langley , w hich there is ver y strong height. A M onda y aftssnoon edition of the Observer is tak on the last, farm 00fc lit.r . 3 . O, a fire regularly pu blished at 4 o'clock, which is b es t adapt e d for the coun tr y and abroad. E AST BOURNE.- FIRE.--.About w ha s i s d f-P i a sc s o t v i er v ed in e°'clanzloato-rsi Saturdayc be lieving was the work of a villanous incendiary, for other stacks were contiguous, one of them l arge Three stack, all of which would, no doubt, have b e e n arge wheat had the fire not been most fortunately een destroyed, some workmen on the spot, by whose discovered by flames were extinguished without d • promptitude the Sussex Express. doing much damage,— INCENDIARY FIELE.--Tll a V six and seven, a wheat-stack, s" a' last, betwea ing the Mansfield and Alfreton, thneling in a field adjoi& a pish of Sutton-in-Ashfield, be longing urnpike-road, in the p Tudsbury, of Sutton, was disc overed to Mr. Richard had apparently been set fire to by to be on fire, which to persons shortly being On the spot, some persons. Owing hand, the flames were wit h outrubduedPe4. l and water near at being done. On tbn following any great damage coke and greasy pape r was „ morning a quantity of byshire Courier. iound near the stack.—Der- DOVER, NOV. 5,.--His E Cow ley, the newly-appoint ed Amb assador to Paris, arrived here this evening from Londo n, Hotel, where he was wait e d the Garrison, agent of h er M a by packets, &c. His upon Excellency will embark for E xcellency Lord on, and went to the Ship u by the Commandant of _ t jj ill her Majesty's packet Axr U ow ais to-morrow ammo Leta , si(J ° l so,' Dfil; 3f sl ' ,0 !;ell' lO i ' U r II o lii g . ry't t ejit, 0 0 0, •