The Sun. — London, England, 1861-04-17 00:00:00

IMPERIAL PARLIAMENT, HOUSE OF LORDS-YESTERDAY. The Lunn GUANO:U.OI took his seat on the woolsack It five o'clock. PRIVATE BUSINESS. The South-Eastern Railway (Capital) Bill was read a second time. The ilaslingden Union Gas and Swansea Gas Bills were read a third time and passed. BANKRUPTCY AND INSOLVENCY BILL. The LORD CHANCELLOR, in moving the emend reading of the Bankruptcy and Insolvency Bill, expressed the hope that it would be unanimously approved by their lordships. In bringing it before them he would abstain from minute technicalities, an would in the first place endeavour very-shortly to give their lordships some notion of the past and present state of the law of bankruptcy. By the common law of England there was no distinction between traders and non -traders—between the bankrupt and insolvent—and there was nothing resembling the cessio bonorum of the civil law. No remedy was given to the creditor till he had brought an action, and then, upon obtaining a judgment, he could levy execution against the lands, the goods, and the person of the debtor. But, however insolvent the debtor might be, there was no remedy against him, and he could not be de prived of his property till an action was brought and he was .d arrested. He was sentenced to imprisonment unless hell% to the uttermost farthing. But this state of thing e was equally disadvantageous to creditor anddebtohr,sn; which was Acteived rein some mitigation in the of Henry VIII., v of Parliament was passed by which those wh o ~when traders and obtained the goods of others in their hands, and who fled the country, or concealed themselves, or made away with the property, were liable to be made bankrupts. A G commission issued under the reat Seal, and they were arrested and thrown into p rison, and all their property was confiscated and distributed among the creditors. The debtors were, however, still liable for the debts they had incurred. This state of things continued down till the 13th of Elizabeth, when there was an amendment of the law, which was made more stringent. The debtor was still liable to his creditors after he had been deprived of the whole of his property, and nothing could satisfy a creditor except the perpetual imprisonment of the debtor. So things continued down to the 4th year of the reign of Queen Anne, and then it was enacted for the first time that when a trader honestly and fairly delivered up all his property to his creditors he should be discharged from all liability for his debts. He obtained what was called a certificate of conformity, which protected him against further proceed ings for all bygone debts. The bankruptcy law received various amendments, but still proceeded on the same gene ral principle down to the time of Lord Eldon. Lord Eldon was a consummate judge in every department of the law, and in none more than the law of bankruptcy. But, strange to say, though he early denounced the existing system of bankruptcy, ho did nothing to improve it. In the sixth year of the reign of George IV. there was a consolidation of the bankruptcy law carried out by Lord Henley, but it was simply consolidation, and left all the abuses untouched that before existed. In the first place, there was a patentee of bankruptcy, who received £B,OOO a year for doing nothing, raised from the property of insolvents. There was no harm in the Bankruptcy Court being self-supporting, but this patenteeship led:to enormous abuses. There were other sinecures ; and, with regard to the judicial system by which the law was administered, there were, strange to say, in the London district 70 judges, who went by the name of the Septuagint. There was hardly any qualification re quired for this office, and any one might be appointed. To each of these 70 a district was assigned. He was himself once a candidate to become one of the 70. The moment he was called to the bar he had a promise from the then Lord Chancellor that he should be named one of them, not from any merit of his, but because his father had been at school and college le ith the then Lord Chancellor ; but it so happened that before a vacancy arose " all the talents" were turned out. A great part of the estates of the bankrupts were under this system consumed before the creditors were thought of. In the country districts matters were much worse. There a commission of bankruptcy resembled a wrecked ship on the Cornish coast. The commissioners were appointed by a solicitor, and the commissioner taxed the bill of the solicitor. (A laugh.) The abuses that took place were almost incredible. He had been informed by a gentle man who had sat on a commission of bankruptcy that on one occasion they amused themselves by turning out a bagged fox.at the expense of the bankrupt. (A laugh.) This state of things continued till the time Lord Brougham became Lord Chancellor. The country was much indebted to him for his improvements of the bankruptcy court. These and the establishment of the Judicial Committee of the Privy Council and the Central Criminal Court, would make his memory to be ever respected as a law reformer. Lord Brougham swept away the sinecurists ; but there were com pensations, to be paid by those who might afterwards become bankrupt. There were six commissioners appointed to the London district, forming a Court of Bankruptcy. For the country districts there were also commissioners, and like wise for Birmingham, Manchester, Leeds, and other large tawns. He also constituted a Court of Review, consisting of four judges, and he introduced the great improvement by the appointment of offic!al assignees, Previously the most monstrous abuses had arisen from the assignees being chosen by the creditors without any control whatever, and the attor ney became too often sole master of the concern, while a great part of the effects of the bankrupt was expended in liti gation. Lord Broegham appointed official assignees, and the consequence was, not less thann,ooo,ooo belonging to bank rupt estates was found to be in the hands of London bankers. In the year 1849 there was a consolidation of all the bankrupt laws, from the 3d and 4th of Henry VIII. down to the 13th Victoria, but great disappointment resulted therefrom. Had the court and its machinery been properly constituted they would have been generally resorted to by those who wished for a fair distribution of the effects of the bankrupts, but instead of that composition deeds became the general rule. Such was the state of the law with respect to traders • With respect to non -traders the evil was much greater, both for the debtor and the creditor. Up to the establishment of the system which as amended still prevailed in the Insol vent Court there was no tribunal to which the non-trader was entitled to apply I', a. relief, The establishment of that syFt-nn was regarded as a great relief to debtors. It was even celebrated by an opera —one scene in which repre sented a number of insolvents dancing round a maypole, and singing a chorus which commenced with the lines— " Cease your funning— Sergeant Running- Ton will quickly set us free." (Lauglat3r.) The new order of things then established af forded some relief, though to a very inadequate extent; and even at the present time the working of the insolvency laws were anything but satisfactory in the case of non-traders who possessed or might become possessed of property. It had been said that a strong reason for not reforming the laws relating to the representation of the people in Parliament was to be found in the fact that there was no demand for such a reform. That could not be said in the case of the bankrupt and insolvent laws. Indignation meetings had been held, and almost every Chamber of Commerce in the country had applied to him to receive deputations on the subject of a reform of those laws. His official duties made it impossible for him to receive those deputations ; but there could be no doubt as to the strong and general feeling on the subject. (Hear, hear.) More than one attempt had been made to bring about a change. One had been made in that house by a noble and learned friend of his who had held the Great Seal ; but he believed the opinion of the mercantile community was that the measure of his noble and learned friend did not give sufficient power to creditors. Another attempt was made in the shape of a bill, having for its ob ject not only an amendment but a consolidation of the law. His noble and learned friend (Lord J. Russell), as member fur the greatest commercial city in the world, was asked to take charge of it; but it had never reached a further stage than that of being laid upon the table of the House of Com mons. There was now before their lordships a bill which had received the most laborious attention of the other House of Parliament. Shortly after the formation of the present Government his hon. and learned friend Sir R. Bethell and himself considered the matter. They entirely agreed in the principles on which a bill ought to be drawn —but the details were undertaken by his hon. and learned friend, whose great exertions and ability in dealing with those details would, he trusted, meet with that success to which they were so eminently ent:tled. The ob ject with which the bill of last year was introduced was to consolidate the law of bankruptcy; but objections were raised to that proposition, in the propriety of which he him self was ultimately induced to concur. In the House of Lords, and still more in the House of Commons, the distinction between what was new and what was old was unknown to the majority of the members, who conceived that every thing which existed mug have been law from the time of Henry VIII. or thereabouts. The bill of this year was not so ambitious in its character, and confined itself to a mere alteration of the law. The leading feature of the bill Was to do away with the distinction between trader and ton-trader, and to enact that when once a state of insol v!tcy had been es t a bli s h e d w i th regard to either, his effects 1 0 u ll Oll :1 1 d be distributed by the same t r ib una l an d according tv,tix e same law. There was no reason why such should to p the state of the law. As soon as a man was unable eumlaYt th,labedeht his property, which was no longer his, that laadae dutered by other naiads. But, assuming that be nabsolute and really honest surrender of all likewise she to hirn' it was only just that the non-trader have the Bankrupt A ct, ttha benefit of the provisicns of the relieved of respensi:o,r the future that he should be wholly which had been adolitit'l in respect of his de t ;. In a bill to the other house,Ptheel by their lcrdships, and sent down ple of extending the law of bankruptcy to non•traZwrorin.::liad been sanctioned, and he trusted their lordships henyoth.o.n the present occasion depart from the rule which t dt4to laid down. The noble and learned lord enumerated tacts which would be held sufficient to constitute a bankrue h P ou , se and stated that by a clause introduced in the other the danger of prematurely creating a non -trader bankrupt had been vffeetually guarded agaitut. Thirty d ays , notice were given him, and he was afterwards at lib erty to show if he c ou ld that h e h a d reaso nable means or expeetatio:3 of being able to pay his debts. A wise distinction Was made in law between a trader and non•trader, th e farmer being supposed to have some settled place in which he was to bo found when his liabilities became due, while the non-trader was not so restricted, 134 t no moll existed why in the event of his being unable to discharge' his liabilities he should not equally with the trader be com pelled to surrender his property. While it would punish the extravagant and fraudulently disposed, the Act would entail no hardship whatever on well-intentioned persons. By the next clause the Insolvent Court was entirely done away with, for it was absurd and mischievous to have two rival systems of jurisdiction, regulating cases of a kindred nature by wholly different modes of procedure. The expense of the Insolvent Court would be done away with,and in future there would be one general court for traders and non-traders. There would be in London one supreme judge in bank ruptcy. In the country all cases in which the property was under £3OO would by law be referred to the County Courts, and in all other cases it would be open to the creditors,if they pleased, to take them into such courts. He hoped that eventually all the bankruptcy business in the country would be disposed of by the judges of the County Courts, and that we should be able to do without country commissioners. In this respect a good example had been set us by Scotland, where already bankruptcies were administered by the She riffs' Courts, and a trustee was appointed by the creditors to manage the estate. The result of this was that, while in England the expense of distributing a bankrupt estate amounted to 33, in Scotland it reached only 13 per cent. By this Bill the Government promised to confer the man agement of the estate upon a trustee to be appointed by the creditors. The measure did not, however, abolish official assignees. The enormous profits of those officers would be reduced, but it would still be their duty to take possession of the bankrupt's property, to hold it until a trustee, or cre ditors' assignee was appointed, and to superintend the latter functionary in the management of the estate—a check which would, no doubt, prevent the waste and extravagance which prevailed under the old system. The next improvement of the law contained in this bill was the provision that all deeds of composition should be registered, and that if any dispute arose upon them the facts might be stated to the Court of Bankruptcy, which would at once decide the ques tim. By this means justice would be done speedily, and at little expense, without the necessity of bringing the estate into bankruptcy. It was further proposed to abolish the classification of certificates. There had never been any rules according to which certificates were classified, and in consequence great uncertainty had prevailed in that respect. For instance, in London during five years Mr. Commissioner Evans out of 479 applications granted but 17 first-class cer tificates, or about 1 in 28 ; Mr. Commissioner Fonblanque out of 653 applications granted 31 first-class certificates, or about I in 14; and Mr. Commissioner Fane out of 653 appli cations granted no fewer than 161 first• class certificates, or nearly lin 4. The punishments to which a bankrupt was liable for not appearing when summoned, and for other offences, were formerly excessively severe, but by the Bill all such offences were made misdemeanours, and three years' imprisonment was the heaviest punishment which could be inflicted for any of them. He understood that the clause imposing a stamp duty had given rise to a great deal of complaint, which was really groundless. There were now no sinecurists to be paid out of bankrupt estates, for the Chancellor of the Exchequer had agreed, though not without great reluctance, that the payment of compensation for abolished offices should be transferred to the Consoli • dated Fund. A number of fees were suppressed, and cos tdn meetings rendered no longer necessary; and the stamp was imposed for the puxpo se of defraying only the necessary expense of proceedings. He had the most sincere respect for the body of solicitors, but he believed that the distinc tion between the bar and that branch of the legal profession was salutary and ought to be preserved. He held therefore that solicitors ought to be excluded from the superior courts. His lordship concluded by moving the second reading of the bill. Lord CHELMSFORD said the commercial world was very much divided in opinion on the subject. Although the subject was an important one, it was not an inviting one, and therefore he feared he could not obtain their lordships' attention while he referred to the proposal to abolish the distinction between traders and non-traders. That was a subject important to all of them. It was very hard to re concile conflicting interests, and he would be very glad if the Government could succeed in passing a measure which would satisfy all parties in the commercial community. With every disposition t 3 look favourably o n this measure, be regretted to say, that from communications he had re ceived from persons connected with the trade and com merce of the country, as well as from his own examination of the bill, he thought it required considerable alteration before it could secure the approbation of the country. When, in 1839, he introduced a bill against premature consolidat'on, his noble and learned friend (the Lord Chancellor) said he was surprised at such patchwork legislation. Now, the noble and learned lord had intro duced a fragmentary bill, and many of the fragments were so misplaced, that they would require much polishing and squaring before they could be made to adapt themselves to each other. He missed here the guiding hand of the Mercantile Law Amendment Society. This society was composed of men engaged in wholesale houses—persons of the greatest respectability, and who had peculiar views on this subject. There were two classes of opinions on the question as to how the bankruptcy law should be adminis . tered. One class thought that the creditors should have ) complete and absolute control over the administrat'on of the effects; and others thought that official assignees should exercise dominion, and should almost exclude the creditors from any interference in the winding-up. The Mercantile Law Amendment Society were in favour of the former view. The property was then to be handed over to a person to be called the creditors' assignee, and the first meeting of the creditors was to be held in the place most convenient to the majority of the creditors. How this was to be ascer tained he could not understand. The noble and learned lord then went through the various details of the bill, and proceeded to contend that great delay would take place in winding up the affairs of the bankrupt, and frequently to the prejudice of the estate of the bankrupt. At present the debts of the bankrupt were collected by the official assignee to the estate, and this was done in a manner that gave satisfaction to the mercantile public. Under this bill there would be a double collection, the official assignee having charge of the collection of all debts below a certain amount, while the debts beyond that amount were to be collected by the trade assignee. How that could be done without a double set of books was a matter which he could not understand. His belief was that these proceedings would add to, instead of diminish ing the cost of the bankruptcy. He ventured to say it was impossible to pass the bill in its present state, for should the house agree to do so, it would lead to mortification and disappointment. The noble and learned lord then re • I ferred to the clauses relating to traders and non-traders, and said that the non-traders' clause had a retrospective opera tion, so that a person who had been a debtor, although not in trade, could, under the provisions of this bill, be made a bankrupt within six years from the passing of the measure. He hoped to be able to induce their lordships to insert a clause in the bill to prevent it from having a retrospective operation. Then as regarded the county court judges, he did not concur in the proposal made in respect to those judges under the bill. How was it possible for the county court judge to administer the estate of a bankrupt, and how could the county court registrar discharge the onerous duties of an official assignee ? The thing must break down. The judges and registrars were already overloaded with work, but even if they could perform these new duties, there was an injustice in asking them to do so without an increase of pay, and in that case the jurisdiction of county court judges ought to be confined to cases of bankruptcy under £3OO. The gaol-delivery clauses, as he might call them, were humane, and properly considered ; but they were clogged by previous provisions in the bill which he trusted their lordships would agree in considering inapplicable. He especially alluded to the 115th and 116 clauses of the bill. There was a general impression that this measure had not received in the House of Commons the attention which it deserved, and that was an additional reason why the bill should receive from their lordships the fullest consideration. The best mode of giving it that consideration would be, in his opinion, to agree in the suggestion of his noble friend (Lord Derby), and refer the bill to a select committee. He hoped their lordships would adopt that course. Lord CRAN WORTH considered that there were many excellent provisions in the bill, and he especially approved the satisfactory and skilful manner in which the abolition of the distinction heretofore maintained between trader and non-trader had been framed. He also commended those clauses which enabled an insolvent estate to be administered by trustees, with power to appeal to the Court of Bank ruptcy for assistance, should necessity arise for so doing. Some of those clauses, however, would require very con siderable modification, so as to give persons tried before the Bankruptcy Court the same right of appeal as persons criminally tried before other tribunals at present possessed. He adhered to the opinion he gave in 1859 as to official assignees, and disapproved of the wish expressed to abstract the proceedings in Bankruptcy from the hands of official assignees and place them in the hands of what were called creditors' assignees. He should like to see defined in the bill what the proposed duties of the chief judge were to be. If his duties were to be confined to appeals there would not be business to occupy his time for more than twenty days in the year. Lord KINGSDOWN expressed himself decidedly opposed to the aboition of the distinction between traders and non-traders. He thought it most important that that distinction should be preserved. He thought their lord ships should not act on a uniform rule for persons placed in very different situations, nor should they pass a law conferring a benefit on creditors to which they were not entitled, and inflicting en injury on the debtors to which they ought not to be subjected. Why, for example, should a creditor be enabled t, seduce a young man at a university to run into debt, and to come down upon his estate the moment he attained his majority ? The noble lord then proceeded t) review the various changes made in the law of bankruptcy, and proceeded to observe that this bill would in eff:ct renew the Court of Review, which ha -1 been abolished on account of its inefficiency. The bill also would occasion much inconvenience by allowing a mul tiplicity of appeals, although the Lords Justices were quite competent to pronounce a final decision on all such matters. Lord WENSLEYDALE was understood to support the bill. The LORD CHANCELLOR said as no opposition to the !econd, reading of the bill was intended, he should not think it necessary to occupy their lordships in replying to the ob jection s e,„ Urged, Ile thought, however, that his noble and eAaa would have clews better if, as they dicl nv t oppose the second reading, they had reserved the greater part of their observations until they went into committee on the bill. The House of Commons had been gravely ac cused of precipitation and of sending up a bill which they had not properly considered. Now, he had known the House of Commons many years, and he must say that he never remembered an instance of a bill, with the exception of the Reform Bill, which had occupied so large a portion of the attention of the house. When the bill was in corn mittee there was a large attendance of members, all the clauses were carefully considered, and everything likeparty spirit being set aside, the house devoted itself to improving the measure. Several of the most important improvements in the bill came from his Conservative friends. After that deliberate consideration of the bill by the House of Com mons he felt that he should neglect his duty if he consented to send it to a select committee, and he would most respect fully, but to the last, oppose such a proceeding. The whole commercial world had been informed in the morning how the clauses of the bill had been disposed of in the House of Com mons on the previous evening ; and now that the bill had come up to their lordships' house it would not be respectful to send it to a secret tribunal where many of the clauses might be smothered in secret. It was with deep regret he heard the view expressed by Lord Kingedown, whose opinion he respected as much as that of any man alive ; but, at the same time, he knew that the current of authority for the last 50 years was against the barbarous distinction which now existed between a trader and a non-trader. With re gard to the objection that family settlements would be die.. turbed by the bill, he had to remind their lordships that a provision similar to that now proposed had long been the law in Scotland, and had worked most beneficially. The noble and learned lord, in conclusion, said that, when the bill went into committee, he would enter at greater length into the different objections which had been urged against it that evening. The bill was then read a second time, and ordered to be committed on Monday week. TIM SUN, LONDON, WEDNESDAY EVENING; APRIL 17, 1861, LUNACY REGULATION BILL. The report of amendments in this bill was considered and agreed to. The following bills were read a third time and passed : Law of Foreign Countries Bill, Mutiny Bill, Marine Mutiny Bill, Exchequer Bills Bal, Consolidated Fund (£3,000,000) Bill. Their lordships adjourned at half-past 8 o'clock. HOUSE OF COMMONS.—YESTERDAY. The SPEAKER took the chair at four o'clock. PRIVATE BUSINESS. The following bills were considered, and ordered for third reading : —Elland Gas; Leeds, Bradford, and Halifax Junction Railway; and Oldham and Ripponden Roads. The Charing-cross Railway (City Terminus) Bill was read a second time. STREET RAIL COMPANY BILL. On the motion for the second reading of this bill, Mr. CHILDERS, on the part of the promoters, moved that the second reading be postponed for a fortnight. Mr. SCULLY moved that the bill be read a second time that day six months. He contended that this was a bill which should not have been brought before the house. The object of the measure was to give a monopoly to a par ticular company t) enable them to possess themselves of all the streets throughout the kingdom. It was not a bill of a public character, and if passed would enable the promoters to lay down rails at discretion : and he contended from the importance of the object that it should have been brought forward as a public bill. (Hear, hear.) With regard to the provisions of the bill he drew the attention of the house to the fact that when the proposed tramways were laid down there was no power to take them up. The hon. and learned member read a section of the act in support of his assertion. Sir J. SHELLEY seconded the amendment for the read ing of the bill that day six months. The gentleman who had proposed the postponement of the bill for a fortnight had shown no ground for his proposition. The house was now full, and the amendment of the hon. and learned member (Mr. Scully) having been on the paper, members were aware of what they were now called on to consider, so that, they came to the house pre pared to deal with the question. Mr. Train had laid down one of these tramways in Victoria-street, and having inspected it, he was satisfied that the system could not be extended with safety to the crowded streets of London. He heard that a serious accident occurred that morning in Bayswater, which arose from the fact of there being no means of pre venting horses running away. He objected to the bill, also, on the ground of its conferring a monopoly. Mr. BRIGHT said that arguments might be urged against the bill, but those which had been used were of the most antequated, and might have been applied with equal force to the construction of railways 30 years ago. With respect to the accident alluded to, he believed that any one acquainted with the mode of transit proposed by this bill would see that it was calculated to diminish the occurrence of accidents in the public streets. The bill was merely permissive, and did not give any such powers as was alleged, but merely enabled a company to treat with those persons who were authorised to deal with the question of public transit in the metropolis and throughout the kingdom. There was only one matter to which the house could object in reference to this bill, and that was the limitation as to the description of vehicles to run upon these tramways, which were intended to provide a remuneration to the pro moters of the conolany. Ho thought, of course, that that company should look to compensation, but the question should be referred to a select committee. He had put his name on the bill from a belief that it was likely t) promote public benefit, and as he was anxious that it should be fully considered he would vote for its postponement for a fortnight. Mr. MASSEY objected to the bill on the ground that from its importance it should have been brought forward as a public instead of a private bill, for it was in reality a public measure. (Hear.) From clause 14th it was evident that the bill proposed a monopoly to a certain company, to which he strongly objected, considering that the object proposed was one of a public character, and he contended that a bill like the present should be introduced only with the sanction of the Government. (Hear, hear.) Mr. CHILDERS said that after the intimation of the hon. member who had just addressed the house, he would consent to withdraw the bill provided there was an under standing that the subject would be taken up by her Ma jesty's Government. Mr. lIENLEY considered that it would be better to ac cede to the proposition for the second reading that day six months, which would merely pledge the house to a disap proval of form in which the bill was brought forward, namely, as a private bill and not of its principle. Lord FERIVIOY opposed the bill. The amendment for reading the bill a second time that day six months was agreed to without a division, and the-bill was accordingly negatived. BELLIGERENT RIGHTS. Sir G. GREY appealed to the hon, member for Liver , I pool (Mr. Horsfall) to postpone his motion which stood on the paper, relative to the unsatisfactory state of the subject of belligerent rights at sea, as his noble friend the First Lord of the Treasury was unable to be present from the state of his health. He promised on the part of the noble lord (Lord Palmerston), that every facility would be afforded the hon, member for bringing forward his motion on an early occasion. Mr. UORSFALL acceded to the application and post poned his motion. THE NAVY ESTIMATES. In reply to Mr. B. COCHRANE, Lord C. PAGET said that the navy estimates would not be proceeded with until next week. DUTY ON LANDED ESTATES (IRELAND). In reply to Major S. KNox, Mr. CARDWELL said that ho had beenin communica tion with the Irish judges and other legal authorities, and hoped to be able shortly to make some stat3ment to the house on the question. WAR OFFICE (ACCOUNTS BRANCH). On the motion of Mr. BARING an address for a copy of the second report of the committee appointed to inquire into the accounts passed by the War-office was ordered. ABERDEEN UNIVERSITY. Mr. LESLIE moved an address for returns of estimated expenditure on account of the proposed buildings for the accommodation of the faculty of arts classes and library the University of Aberdeen, together with copies of all cor respondence on the subject with the Board of Works.— Ordered. HER MAJESTY'S DOCKYARDS. Mr. ANGERSTEIN asked the Secretary to the Admi ralty, if the officers of the Woolwich Dockyard had recently made any report or reports to the Admiralty upon the statements contained in the report of the Royal Com missioners appointed to inquire into the management and control of her Majesty's dockyards, as to the num ber of errors alleged to have been discovered in certain documents in the departments of the storekeeper, the ac countant, and the chief engineer ; and, if soesshether it was the intention of the Government to lay the same upon the table of the house ? Lord C. PAGET was understood to say that ho was not in a pore.tion to state whether he could lay any communi cations on this subject on the table. . Mr. Huii..rr::ltsgTijitaslsyTTloofHErt. the On bo t r '4l ( NEW WRIT. e m m gh oti o o f n T o y f n l\ e l ra r . 0 ü ßßAND vacan , t a b w y r t it he wa r s es o in rde a r t e io d n fo o r f E hme S ocv A reoa N wf D nor T aan l sd D el A ethc L te c poWinubtliTictEteaßes to inquire qa.siiroef intt ir ti . x l e indivici:Lals in connection with the fisheries and tidal waters of ' the United Kingdom ; and the manner in which th e c orn] vissioners of Woods and Forests were dealing with the 6 ame, and the state of the case affecting this ths cription of 'property. Ho brought the subject forward on a previous occasion, and showed that the Crown had no foundatic u:1 reaatever for the claims they put forward. The claim pu ti f , _award was, that whoever possessed land on the seasho re , possessed a right to a certain extent, bu:, every thing thrc, .., .vn in by the sea belonged to the Sovereign. That might have been so in ancient times ; but he maintained that, since the establishment of the Civil List, that right no for .ger existed. The sea shore belonged to the Crown, jus t as the highways did, but it had no property in them. He cez , sured the conduct of the - Woods and Forests for making , :laims to this description of property to which they 4 11 cl xto claim, awl by which PriYate And public rights were materially injured. So far did they carry it that, for the use of some valuable sand at Shoe buryness, they compelled the War Office to pay a rent of £lO a year. But the evil was, that not a farthing of the vast sums realised goes to the public, but was placed at what they termed the capital account of the company. The documents in his possession showed what he was cc:attend ing for. Several authors had written on the subject. The hon. member proceeded to quote from the opinions of the various authors who had written on the subject. The At torney-General said it must be admitted that much that had been said on the subject was true in a certain sense, but it could not be controverted that a certain property in the fore-shores was vested in the Crown. But he (Mr. A. Smith) was in possession of documentary information which showed how unsatisfactorily the alleged rights of the Crown were defined. In connexion with the borough which he be had the honour to represent most extraordinary charges and changes had been made in the operation of this ques tion. The subject would never be set at rest till an inquiry was instituted. (Hear, hear.) Captain JARVIS seconded the motion, and in doing so, referred to the different acts which had been passed from time to time to define the rights of the Crown and the public as to the foreshores and tidal waters of the United King dom. He also referred to the various 'actions which had taken place in the courts of law between the Crown and private individuals as to their relative rights. He espe cially cited an action in 18:54 in which the present Attorney- General and Mr. Sergeant Merewether were engaged, and which was ultimately compromised by the Crown. Sir J. HANMER hoped the house would refuse its as sent to the motion. He was extremely surprised at the statement made by his hon. friend that this was compara tively a right claimed by the Crown of recent date. He would find in the British Museum that in a charter of William the Conqueror the King's rights in this respect were carefully preserved. He thought the motion was a most dangerous one as regarded the rights of the subject. Mr. FINLAY reminded the house that the law of Scot land on this subject differed very much from the law of England, and was in every case adverse to the Crown and in favour of the subject. He was in favour of the appoint ment of a select committee. The ATTORNEY-GENERAL opposed the motion. The hon. mover said he read every authority on the sub ject from the time of the Roman law downivards, but he failed to prove his case, or lay any grounds for a select com mittee. The last time the hon. member brought the subject forward the house was counted out, and he was left alone in his glory. (A laugh.) The motion he now made was not only to inquire into the rights of the Crown, but those of private individuals—a course, he was bound to say, which was one of the most extravagant ever pursued. The Crown was supposed to be the grantor of all landed proper ty, and held the ownership of the sea shore, the beds of ri vers, and other property of that description, entirely for the benefit of the public. The Crown cannot make a grant which was inconsistent with the rights of the public, and all the con tests they had had in courts of law on the subject was, whether certain individuals who claimed the right to the sea shore as lord of the manor, held the grant legally from the Crown. Those hereditary revenues of the Crown were now transferred to the Commissioners of Woods and Forests, and it was their bounden duty, where any encroachments were made by private individuals, to protect the public. There were 32 cases brought forward for that purpose within the last 25 years, in 27 of which they suc ceeded in maintaining the rights of the public against adverse claims. The hon. and learned gentleman regretted that any remarks which might have been made by him should have been received with displeasure by the hon. member. The hon. member was himself a grantee of the Crown, but he should not be unmindful of the great sacrifices which the Crown had mode, and the rights it had given up in this matter. With regard to the commissioners, to whom the hon. member had referred, he must say that, in his opinion, those functionaries were deserving of great credit for the course they had taken. Negligence in former times had operated to confer advantages upon private pro prietors, and in many caaus thew) advantages had not been interfered with by the authority of the Crown. The whole foundation for the committee which the hon. member moved for was founded upon a discovery which he imagined he had made, namely, that the claim by the Crown to cer tain foreshore rights, was founded upon the most illusory grounds, and not sustainable. The parties who were in terested in urging the objects which the hon. member argued in support of hoped to strike at the rights of the Crown and the parties to whom the Crown had made grants; but he (the Attorney-General) hoped and trusted that the House of Commons would not consent to such a proposition as that which the hon. member moved for. The hon. gen tleman in his remarks submitted that the Crown had no title to claim, as it did, to be a trustee in the matter. He assured the hinfse that the hon. member was mistaken, and with regard to the Commissioners of Woods and Forests, he was glad to be enabled, in justice to them, to say that they had done all in their power, not merely to defend the rights of the Crown in the fore-shore interests that apper tained to it, but also of those who had private property in them. The house then divided, and the numbers were— For the motioa 67 Against Majority against . . —lo9 NAVAL ESTIMATES. Sir F. SMITH rose t) call the attention of the house to the report of the commissioners appointed to inquire into the control and management of her Majesty's naval yards, and to move that a revised estimate for vote 10 for the naval service be substituted for the estimate already sub mitted, adopting in such revised estimate the principle of showing the amount proposed t) be expended in the cur rent year on each ship to be built and converted in the Government yards. The hon. and gallant member pro ceeded to refer to prominent points of the report of the commissioners, which was referred to at much length in a recent debate. An Hon. 111EmsEn here moved that the house should be counted, and there being only 29 members present, the house adjourned at a quarter to eight o'clock. PAIR LL-1 IiENTARY CO2II2IIITTEE#S. POOR RELIEF IN THE METROPOLIS. The committee appointed to consider the working of the system of poor relief met again yesterday; Mr. Villiers in the chair. Mr. Selfe, one of the magistrates of the Thames Police court, was called and examined. you are desirous of mak ing n to the committee in con sequence The some Ch a o i f rm a an I reference t i nk having been made to the course which you adopted in affording relief during the last winter. Mr. Selfe—l gathered from the sources of public ' information that some erroneous impression exists that there has been a want of discrimination in the administration of relief, and that it was given without inquiry. lam anxious, so far as lam con cerned, to remove that impression, because I think I can state with some confidence that the greatest pains were taken to inquire not only into the reality of the destitution, but into the character of those who received relief at our court. The Chairman—l need not ask you whether large sums were placed at your disposal ? Mr. Selfe—Yes. The ordinary amount received 'at Christmas is about £5OO. Last winter the amount was upwards of £4,000. My colleague and I at first seriously considered the expediency of our mode of proceeding, and we agreed to divide the receipts equally—that Mr. Yardley should distri bute his portion and that I should distribute mine. The Chairman—Did you refuse any money that was sent to you? Mr. Selfe—Only.in two or three cases. The rea• aon for doing so was not that we had too much or that we could not distribute it. In the case of St. Katherine's Dock Company we sent back £4O, Stating that they knew their own neighbours better than we did. The Chairman—Was there not a request made in several cases that the subscriptions should be distributed in a particular way Mr. Selfe—l think not. Certainly not to any great extent. The Chairman—But you accepted large sums, and undertook the duty of distributing it. Had you any principle on which you acted ? Mr. Selfe—l never gave a sixpence to anybody for whose character and destitution I had not the pledged word of a person known to myself, conse quently I may have refused many persons who were deserving . Th ese p er son s were k n own to the applicant as well as to myself. The Chairman—What amount did you distribute weekly on the principle you laid down ? Mr. Selfe—About £4OO. Other persons assisted in the distribution. I never assisted any one who resided out of the police district. I believe there were only some three or four cases in which the parties were not entitled to relief. Tho Chairman—lt has been said that the persons about the office had no means of knowing the cir cumstances of the poor, and could not inform the magistrate whether the persons were deserving or not ? Mr. Selfe—l don't agree in that. The officers must know most of the bad characters, and the per sons on whom summonses have been served. _ The Chairman—Then the persons who had been before you as offenders were not to receive relief ? Mr. Selfe—There may have been two or three exceptional cases, but that was the general rule. The Chairman—What was the description of females whom you relieved—were they of good c haracter ? Mr. Selfe—They were all certifi e d to be of good character. It is impossible to say that occasionally persons of bad character may not have been relieved, by evading our regulations. Those who were re lieved were almost exclusively persons who were not relieved by the poorhouse. The Chairman—Was it a part of the rule that if they had been relieved you should not relieve them ? Mr. Selfe—No, not always. The Chairman--What station of life did the per- sons occupy who signed the papers ? I suppose they were rather in humble stations. Mr. Selfe--No. In the first place almost every clergyman in the parish had a number of papers to be filled up. District visitors, Roman Catholic priests, and dissenting ministers, were all employed in a similar manner. Was any invitation given to the people to come for relief? Mr. Selfe—No. We were asked if we could not devise some plan by which the destitution might be met. We did not consider it our primary duty to give away large sums of money. The Chairman—That is foreign to the duty which the magistrates have to discharge ? Mr. Selfe—lt is. It is no portion of our legiti mate duty. I may mention this peculiar circum stance, that during the whole of that distress there never was a time when the amount of crime was less. The conduct of the poor persons was beyond all praise. kr. Knox, the police magistrate of Worship street, was next examined—He stated that the sum forwarded to his court was £2,000, and that the machinery employed for its distribution consisted of four warrant officers and a general clerk. The usual amount received was about £4OO. He had followed the steps of his predecessor, and found it impossible to carry on the distribution without the assistance of the clergy and other influential per sons. Ho made a personal visit to the distressed districts, where he found great destitution and dis tress many persons being without a vestige of clothing, food; fire, or bedding. The relief given consisted of bread, coals, and Is. 6d. in money. He had no reason to complain of the conduct of the parochial or relieving officers. Not one-half the poor made an application to the officers for relief. He did not think it the duty of the officers to look for cases of distress. The committee then adjourned: • INCOME AND PROPERTY TAX. The select committee appointed on the motion of Mr. Hubbard, to inquire into the present mode of assessing and collecting the income and property tax, and whether any improved mode of levying the same can be adopted, met yesterday. The com mittee consists of Mr. Hubbard (chairman), Mr. Baxter, Mr. Bentinck, Mr. Cardwell, Mr. Cave, Mr. Crawford, Mr. Sotheron-Esteourt, Sir W. Heath cote, the Chancellor of the Exchequer, Mr. Lowe, Sir S. Northcote, Sir F. Heygate, Mr. Ric ar d o , Mr. Turner, and r. Pollard Urquhart. Mr. Pressly, Chairman of the Inland Department of the Board of Revenue, was examined. He said he had given evidence before a committee of the house on the property and income tax in 1851. At that time he was one of the commissioners of in come and property tax, and of course he was still more acquainted with the working of the act from his subsequent experience in office. The witness, after giving a succinct history of the working of the act of Sir R. Peel in 1842, and subsequent acts down to the present time, went on to say, in answer to the chairman, that the commissioners, except three special commissioners, were unpaid. The parish collectors were paid by a per tentage of lid. in the pound. The per tentage did not increase in proportion to the increase of the income tax. He believed it was impossible to pay them by salary, though he admitted the collectors in poor and widely extended districts might have double the trouble of those in rich and compact neighbourhoods, but it would certainly be better to pay them by salary if the districts could be so arranged as to afford them constant occupation, and the commissioners had had that subject under consideration, with a view of submitting it to the Government. At present the collectors were appointed by the parishes. He did not think that a desirable mode of appoint ment ; and if a change were made in that respect, he would recommend that the collectors should be appointed by the Government itself, and • also the assessors. In the assessment of lands and houses, he thought the assessors could make no mistake, although they were . guided by the returns of indi viduals. In many instances of assessment under schedule A they were not based upon previous assessments. In reply to the Chancellor of the Exchequer, wit ness said he had every reason to be satisfied with the administration of the law of the income tax, as administered by the local commissioners. As re garded the qualifications of individuals in his own department they were very much improved of late years—they were a better class of men, better educated, and better paid, and the system of pro motion was now entirely free from political influ ence. Mr. Timm, also of the Inland Revenue D?part• ment, gave some further details of the working o the Property and Income Tax Act. The committee then adjourned. THE BOARD OF ADMIRALTY. The select committee of the House of Commons appointed to inquire into the constitution of the Board of Admiralty, and other matters relating thereto, met for the examination of witnesses. Mr. Henley presided. The other members of the com mittee are Lord Clarence Paget, Sir James Elphiu stone, Sir F. Baring, Mr. Beaumont, Mr. Bentiuck, Mr. Corry, Mr. Bruce, Mr. Clay, Mr. Deedes, Ad miral Duncombe, Sir J. Graham, Mr. Finlay, Sir John Pakington, Sir Michael Seymour, Mr. Whit bread, Sir H. Willoughby, and Sir J. Paxton. The Duke of Some's - A was the only witness examined yesterday. In the course of Lis evidence, and in reply to a question by Admiral Duncombe, whether the progression of the duties of the Admi ralty, as worked by the board, had worked so well that he saw no reason to alter it, his grace said his experience of the, office led him to think that some alteration in the distribution of the duties might be made with advantage ; he thought some members of the board had too much to do, and that others had less than they could perform. The re distribution of some of the duties might be advan tageous ; but at the same time all changes of that kind require a good deal of consideration. In reply to aquestion by Sir James Elphinstone, his grace said he did not think that the manage ment of the Admiralty in France Ni as better than in England, and it was a singular fact that while the establishment of a Minister of Marine, and a similar system to that in France, was very often advocated here, the English system is just as much praised in France, although no change has taken place in either country. All such measures as the con struction of new iron ships, or the conversion of sailing vessels into steamers, are discussed at the board, but there is no report of their proceedings unless they should result in an order, when the minute of the order is the report. The mode in which veisels are converted depends on the orders of the comptroller. The committee adjourned at half• past three o'clock. CITY CONMIS'SION OF SEWERS. Yesterday, at a meeting of the City Court of Sewers, held at Guildhall, Deputy Christie in the chair, Dr. Letheby, the medical officer, reported on the state of 191 houses that had been inspected during the week, and he submitted a list of 134 places for sanitary improvement. He likewise reported that the officers had seized 1,7781 b. of meat as unfit for human food. About two-thirds of this were seized in Newgate-market, by Messrs. Fisher and Newman, and the remainder in Leadenhall market, by Mr. Davidson ; 880Ib. were diseased, 511 b putrid, and 8471 b. from animals that had died from natural causes ; it consisted of 26 sheep, 2 calves, 6 quarters of beef, and 26 other joints. All of it had been destroyed as unfit for human food. The mortality returns for the week were greatly below the average for the season. Last week the number of deaths was but 46, whereas the average for the corresponding week of the last five years was 58. Only 18 of the deaths were among children, and 13 among old persons. There were 6 deaths from consumption, 2 from pneumonia, and 11 from bronchitis. Among the zymotic class of diseases there were the returns of but 6 deaths—namely, 3 from whooping-cough, 2 from measles, and 1 from croup. There were no deaths from fever, scarlet fever, small-pox, or diarrhoea. 73 births were registered in the week—namely, the birth of 45 boys and 28 girls. The quantity of diseased meat seized was the lowest in any one week for some months past, and the change is attributed first of all to the exposure in the newspapers of the nefarious practice of offering such meat for sale, and then to the recent conviction, to which that exposure mainly led, of persons who had lent themselves to it. A report from the General Purposes Committee, re commending the payment by the commissioners of £l2O among the surviving relatives of the four un fortnnate men who lost their lives in the Fleet-lane sewer on the 14th of February, was brought up and agreed to. The committee stated that the matters connected with the fatal accident in ques tion were still under inquiry by them. In the meantime, having ascertained from the report of their engineer that there is on the premises of Messrs. Tyler, in Warwick-lane, a large shaft or opening leading down to an old sewer, which has an indirect communication with the sewers running towards the Fleet, they considered it necessary that all such irregular communications with the public sewers should be destroyed, and they recommended the Court to direct the engineer to have the shaft in question closed up accordingly. The Court made the necessary order. On the motion of Mr. De Jersey it was referred to the General Purposes Committee to consider and report upon the duties of Dr. Letheby in connection with the Commission, which are said to have been materially increased since his appointment in 180. The Court then adjourned.' B.POI TING INTELLIGENCE, The Newmarket Handicap of 25 'soya each, 15ft, and 5 if declared, with 100 soya added by the Jockey Club, and 50 from the Town Fund. Winners extra. From the starting pot of the B. M. to the end of the B. C. About one mile and three-quarters. 66 subs, 29 of whom pay 5 sovs each. Mr. Gratwicke's Ebony, 4 yrs, ist 101 b .. (G Fordham) 1 Mr. Savile's Parmesan, 4 yrs, 7st 91b (inc 71b extra) (Custance) 2 Mr. T. Swindell's Sawc u tt er , 3 y rs , Est (T. French) 3 The following also ran :—Viscount Brignall, Zaretan, Moorhen, Merrimac, Scent, Golden Pippin, Isabella, Giraffe filly, Bandsman, Guilder, Physalis colt, and Cross- stitch. Betting-2 to 1 agst Parmesan, 7to 1 agst Zaretan, Bto 1 agst Ebony, 10 to 1 agst Isabella and Sawcutter, 12 to 1 agst Golden Pippin, and 100 to 7 agst Viscount Brignall. After some little time occupied in getting the horses together, an excellent start was effected, Guilder with Golden Pippin at his girths, lying wide on the upper ground, made play, having for their immediate followers Zaretan, Ebony, Moorhen, and Isabella, the others, who laid on the lower side, being headed by Viscount Brignall, and the King Tom filly, the favourite lying in their rear, last but three. On reaching the Bushes, Golden Pippin took the lead, waited upon by Guilder, Zaretan, Ebony, Moorhen, an'l Viscount Brignall. Parmesan at the same time began to get upon better terms with his horses, and on passing the Cesarewitch winning post, was lying fifth. On reaching the side of the old Duke's Stand, Golden Pippin, followed by Guilder, dropped back beaten, Ebony at the same time went on with a clear lead, followed by Zaretan, Parmesan, Viscount Brignall, and Moorhen, the others dropping away beaten. On entering the cords, Ebony in creased his lead, and with Parmesan in waiting, carried on the running to the end, and won despite a resolute effort on the part of Custance, by a length. Sawcutter finished a bad third ; Viscount Brignall was an indifferent fourth, Moor hen fifth, Scent next, the King TOM filly following ; the others pulled up and trotted in, Merrimac, when laying in a good place opposite the old Duke's Stand, broke a blood vessel, and was not persevered with. Mr. Gratwicke having won this race in 1850 with Cheer ful, in 1851 with Hegse Homburg, and in 1856 with The Earl has added another success to his list of victors with Ebony. Sweepstakes of 100 soya each, h ft; for three-yr-olds, Bst 71b each, with allowances. A.F. 5 subs. Mr. Merry's Starlight, Bst 71b (Custance) 1 Sir J. Hawley's Nautilus, Bst 31b (Wells) 2 Betting-2 to 1 on Starlight, who waited on Nautilus into the cords, and won in a canter by three lengths. After the race 1,000 to 5 was offered against Nautilus for the Derby. The Fifth Sale Stakes of 50 soya each, h ft, for three-yr olds, colts, Bst 101 b; fillies, Bst 61b. With certain allow ances. A.F. 12 subs. Mr. T. Parr's Kildonan, Bst 41b (Clement) 1 Lord Stamford's Imaus , Bst 71b (A. F re nch) 2 Mr. W. S Crawford's Capt. Fortibus, Bst lib (L. Sno tvden) 3 Mr. Fleming's Nemesis, 7st 111 b.. ...... . (G. Fordham) 0 Betting-6 to 4 agst Imaus, 3to 1 agst Nemesis, 4to 1 each agst Kildonan and Captain Fortibus. Captain Fortibus jumped off with the running, Nemesis going on next, Imaus lying third, Kildonan's colours being seen in the rear. In this order they ran through the bushes, when Kildonan obtained the second place, and at the en trance of the cords Imaus went up, and ran in close com pany, within a short distance of home, when Captain For tibus was beaten, leaving the finish with the two. Kildonan held his own to the end and won cleverly. Captain For tibus the third ; Nemesis last. After the race 20 to 1 was taken freely about Kildonan for the Derby. • The First Year of the Third Biennial Stakes of 10 sovs each, with 100 added ; colts, Bst 71b ; fillies, Bst 31b ; the owner of the second to receive a sum equal to 10 per cent., and the owner of the third a sum equal to 5 per cent. R.M. 81 subs. Mr. Merry's Russley, Bst 71b (Custance) 1 Col. Towneloy's Yorkminster, Bst 71b (J Snowden) 2 Duke of Bedford's Asteriod, Bst 71b .. (S. Rogers) 3 The following also ran :—The Roe, Vergiss-mein-nicht, Styria, Redpole, King of St. Patrick, Sequitur, King of Kent, Prudence, Lupus, Janus, Lady Blanche, Pardalote, The Sage, and Lisbon. Betting-3 to 1 agst Asteroid, 7to 2 agst Russley, 7to 1 agst King of Kent, 100 to 8 apt Janus, 100 to 6 each agst The Roe and Yorkminster. Asteroid, in company with Janus, King of Kent, Sequi tur, and the Knight of St. Patrick, laid in front of the Abingdon mile post, where Russley and Yorkminster, on the extreme right, joined the Duke of Bedford's colt, be tween which three a close and punishing race home ensued to within a few strides of the chair, Mr. Merry just win ning by a neck; a like distance separating the second and third ; The Roe was fourth ; Janus and King of Kent, who headed the rear division, being the next two. Handicap Sweepstakes of 30 soya each, 20 ft; winners extra. T.Y.C. 4 subs. Mr. Murland's Benbow, 5 yrs, 7st 121 b (in 51bs extra) (G. Fordham) 1 Count de Lagrange's Angelo, 4 yrs, 7st 61b (H. Grimshaw) 2 Mr. Nelson's King of the Forest, aged, Bst 121b(J.Goater) 3 Contadina also ran. Betting—Even on Benbow, 7 to 4 agst King of the Forest. In consequence of Angelo's number not being exhibited he was not backed. Benbow and King of the Forest laying wide made the running to the bushes, where Angelo went up and obtained the second place, but was unable to reach Benbow, who won easily by two lengths ; a like distance separating the se cond and third ; Contadina beaten off. Sweepstakes of 10 sovs each, for 3-yr-olds and upwards ; w'th selling allowances. D.M. 3 subs. Duke of Bedford's Shingle, 3 yrs (£4O), est, ... (Argent) 1 Baron Niviere's Grenadier, 3 yrs (£4O), Est .. (J. Daley) 2 Lord Strathmore's The Greek, 5 yrs (£150), Bst 1016 _ (Aldcroft) 3 Betting—Even on Shingle, 5 to 2 agst the Greek. The favourite and Grenaelier ran in company to the bushes, when Shingle came out and won in a canter by 10 lengths, The Greek beaten off a long way. A Sweepstakes of 50 sous for 3-yr-olds, colts, Bst 101, and fillies Bst 71b. D.M. Mr. Merry's Starlight, Bst 10Ib (Cust Alice) 1 Lord St unford's Ellerton, Bst 101 b (A. French) 2 Baron Rothschild's Tomyris, Bst 71b ( Wells) 3 Betting—Even on Ellert ma, 2 to 1 agst Starlight. Tomyris made the running t) the new ground, when she was passed by Starlight, who, followed by Ellerton, finished the race home, Mr. Merry's colt winning by 10 lengths. The Second Year of Second Newmarket Biennial Stakes, 10 soya each, with 100 added, for 4-yr-olds ; colts, Bst 71b; fillies, Bst 31b; winners extra. D.M. 73 subs. Mr. Parr's Avalanche, Bst 31b (Clements) 1 Mr. Ten Broeck's Umpire, Bst 7lb (G. Fordham) 2 Lord Zetland's Vanquisher, Bst 31b (J. Osborne) 3 The following also ran :—Dangu, Lupellus, Sir Hugh, King of Diamonds, and Roesia. Betting -5 to 2 agst Umpire, 7to 2 agst Avalanche, 6to 1 each agst Dangu and Vanquisher, 7 to 1 agst King of Diamonds. Vanquisher, with Dangu and Roesia lying close up, started with a slight lead on the far side, the others divided into two sets, running wide on the lower ground. On reaching the site of the old Duke's Stand, Umpire and Avalanche joined the leading horses, and half-way up the cords they singled themselves out, Avalanche, with a slight lead, lying on the whip hand, and Umpire,with Vanquisher at his girth, on the rails on the left. A close race home between the three resulted in the easy victory by Avalanche, who won by two lengths; Umpire defeating Vanquisher by three length for second ; Dangu was fourth, Sir Hugh fifth, King of Diamonds, Lupellus, and Roesia running in a line, were last. MANCHESTER BETTING.-TUESDAY. There was not much business done on future events, but fluctuates with the information received from Newmarket. For the Two Thousand Guineas 5 to 1 was taken about Sweet Ha'wtborn, and 10 to 1 was taken against Russley after winning the Biennial. Overton, Kettledrum, and Klarikoff were supported at 100 to 12 each, and 33 to 1 was taken against Nautilus for this event, but, after the news of his being beaten, 50 to 1 was offered. For the Derby 25 to 1 was offered against Kildonan, and 100 to 1 was laid against Starlight—shortly after, 50 to 1 was the highest offer, For Chester Cup, Wallace appears to be creeping nearer to the front, 100 to 6 was taken to-day; and there is the same wish to back Light, but 25 to 1 is asked for. CLOSING PRICES. TWO THOUSAND GUINEAS. sto 1 agst Sweet Hawthorn (taken and offered) 100 to 12 agst Kettledrum (taken) 100 to 12 agst Overton (taken) 100 to 12 apt Klarikoff (taken) 9to 1 agst Neighbour (taken) 100 to 10 agst Russley (taken and offered) 20 to 1 agst Gardener (taken) THE DERBY. 25 to 1 agst Kildonan (offered, take 100 to 3) 50 to 1 agst Etarlight (offered) 50 to 1 agst Russ ley (offered) CHESTER CUP. 7to 1 agst Chere Arnie (taken) 13 to 1 agst Man-at-Arms (taken) 100 to 6 agst Wallace (taken and offered) 25 to 1 agst Sweet Hawthorn (taken) 25 to 1 agst Light (wanted) 25 to 1 agst Horace (offered) 100 to 3 agst Ben Webster (taken) [ADVERTISEMENT.) Pills and medicine invariably ag gi avate and perpetuate diseases ; their annoyance, dis appointment, and 'expense may be avoided by persons in indifferent health sending only their address to E. S. Barry, Esq., 77, Reg - ent-street, W., London, and they will receive gratis and free by post the " INVALIDS' OWN GUIDE," or Natural Restorer, without medicine or ex p ?Ilse, of perfect digestion, strong nerves, sound lungs, and refreshing sleep, to the most enfeebled, insuring the remova of indigestion (dyspepsia), constipation, liver complaints nausea, epilepsy, paralysis, debility, nervousness, palpitatiot , cough, asthma, consumption, dropsy, flatulency, diarrhoea, dysentery, biliousness, fevers, sore throats, catarrhs, colds, noises in the ears, rheumatism, gout, impurities, eruptions, hysteria, neuralgia, irritability. sleeplessness, acidity, palpi tation, heartburn, headache, despondency, cramps, spasms, sinking, fits, brOuCtitio.—!"Unguestionably the juttfait gulp t 9 POLIC' IIVTELLIGENCE.-Aprill6. MARLBOROUGH-STREET.—TIIE DISGUST ING OUTRAGE ON A FEMALE IN AN OMNIBUS.- - Wm. Wheeler, of South Brook-street, Hammer smith, accountant's clerk, was fi na ll y exam ined be fore Mr. Tyrwhitt on the charg e o f i n d ecen tly as' ° saultin.• Sarah Connor, a young w oman i n the ser vice of Dr. Clark, Adelaide-te rrace , N o tting-bill, while in an omnibus. The prosecution was carried on by the London General Omnibus Company, for whom Mr. Beard, of Basinghall-street, attended. Mr. E. Lewis, of Marlborough-street, defended. The short facts, as adduced on the previous evi dence, were as follow : The prosecutrix got into the company's omnibus on or near London-bridge at about half-past 10 on the night of the Ist inst., and the defendant in the Strand, near Waterloo-bridge. The former had her seat at the extreme end of the vehicle, and the de fendant taking up a position close to her, and not necessarily, hustled her up in the corner, and not' withstanding her averti ng h er face from Jail* placed his hand rudely on her bosom, and then draw' ing her dress, &c., quite over his knees, placed his his hand under her clothes, drawing them nP considerably. Disgusted with his act, the proseeu trix jumping up removed to the opposite side and; burst into tears. This conduct of the defendant had been observed by two gentlemen in the omnibus, who informed the conductor, and the latter called a constable, who only allowed the defendant to ge because he was known to the conductor, who could find him when necessary. The Omnibus Compaq , being made acquainted with the circumstances, sent to the employer of the prosecntrix, Dr. Clark, and proceedings being decided on against the defendant , • the company at once agreed to prosecute on the, broad public basis of protecting, as far as possible , all females when passengers in their vehicles, and in furtherance of all this the defendant was appre hended on a warrant. The prosecutrix, re-examined, said—The defen dant raised my clothes quite above my knee, and I put down my hand to p reven t f ur th er i ntr usion. A long cross-examination ensued, but the evi dence was in no degree shaken. Price, the conductor, in cross-examination, said he knew the defendant as having prosecuted in 5 case against a conductor for indecent conduct towards his daughter. On further examination, he said the defendant appeared to him quite sober when he stopped the omnibus. He did not say he touched the prosecu trix by accident, She appeared in a dreadfully distressed state of mind. Inspector Rogers said, on apprehending the pri soner on the warrant, he remarked it was a very bad job, and he was sorry, but that he was in liquor. Mr. Frederick Soper, of 24, Eversholt-street , Oakley-square, mechanical dentist, w as in the omnibus at ihe time, and fully confirmed the statement of the prosecutrix from his own observation. The witness added that on the vehicle stopping, the defendant made a bolt towards the door to get out, and fell sprawling all along' His breath smelt of liquor, and he considered he was not sober. There was a lady on the opposite side to where prosecutrix sat. Mr. Alfred Bult, a stationer, of Maryland-terraces Hammersmith, gave similar testimony as to the state of the defendant at the time. Dr. Clark begged to inform the Court that his servant was a well-conducted girl, and he considered it quite right to proceed against the defendant on public grounds. Mr. - Lewis, in a long and energetic address for the defendant, dwelt upon the fact that he was not sober at the time, and therefore not master of his actions. He was married and had a family. Mr. Tyrwhitt said too much credit could not be given to the London General Omnibus Company for coming forward in such a case, and it was 5 guarantee to the public to protect female passengers. This was quite unlike a case got up, and had been fully proved. Dr. Clark said there was no wish that the case should go for trial. _ _ Mr. tyrwhitt said the defendant was very for tunate, and he should fine him in the full penallY of £5, or two months. Fine paid. COUNTRY lIIARKETS. LIVERPOOL-APRIL 16. There was a fair attendance of the town and countri trade at this morning's market, and we had a moderate business doing in both wheat and flour at Friday's prices. Barley, oats, and oatmeal were a limited sale, but without change in value. Beans and peas were steady, and fully as dear. Indian corn in less inquiry, and the turn in favour of buyers. LEEDS—APRIL 16. - Our market to-day was poorly attended by millers, and the trade in wheat was of a limited character. It is difficult to say how prices rule ; a ale of fine foreign has bees effected at rather more money. Barley sells on former terms. Beans quite as dear. Oats and other articles were unaltered. NORWICH CATTLE. The show of store cattle to-day was good. Sales slot, and fully one-fourth remained unsold. Scots, 4s Od to 4s 6d ; shorthorns, 3s 6d to 48 ; Irish, 3 ° Od to 3s 6d ; Devons, 4s to 4s 6d (estimated weight when fat). • Fat beasts a large show, and sales brisk, at 8a Od to 8s 6d per 141 b. Sheep—There was a good supply of sheep in the pens• Fat sheep, 9s Od to 9s 6d per stone ; prime, 108 Od. Pigs—A fair supply. Store pigs, 18s to 20s; fat pork, 7s 6d to 8s Od per stone. [ADVERTISE3IFST.]—To the hectic, the consumptive, il. ° dyspeptic, the emaciated, and the d e bilit a t e d, D u Barr! t; delicious health restoring Revalenta Arabica Food restoreS sound lungs, perfect digestion, refreshing sleep, and tier" ous and muscular energy, without any of the uncertainties , purging, and ruinous expenses incurred by medi c i nes , coc i liver oil, or visits to distant climates. Cure No. 39,618-'" Dr. Wurtzer, of consumption. Cure No. 54,812—Mie°, Virginia Zeguers, cured of c onsump ti on, a f ter her me dical advisers had abandoned all hopes of recovery. Cure N°' 3,9o6—Thirteen years' cough, indigestion, and general de' bility, have been removed by Du Barry's excellent food; James Porter, Athol-street, Perth. Cure No. 46;270- 1 4 r ' James Roberts, timber merchant, of thirty years' do t ; eased lungs, spitting of blood, liver derangement, and partial deafness. Cure No. 52,087—Field Marshal Duk ° of Pluskow, of a gastric inflammation of the stomach' Avoid Pills and Medicines : they invariably aggravate an° perpetuate diseases ; their annoyance, disappointment 3 and expense may be avoided by using Du Barry's F , which, at a few pence per day, saves 60 times its cost other remedies, removing effectually, a—thout purging' constipation, indigestion (dyspepsia) nervous, bilious an, liver complaints and all their consequences. Certificate No. 36,418. We find it the safest remedy. Andrew tire , MD., F.R.S., Dr Harvey, Dr. Wurzer, Dr. Shorland, Dr. Campell. Let invalids avoid the fearful dangers of spa' rious and injurious imitations offered und er a var i e ty of false pretences. Nevill's imitations are prohibited by high Court of Chancery under a penalty of 45,000 again Alfred Hooper Nevill and his agents ; and the pretence° that Nevill has a patent for Arabica Food and that Du Barry's are connected with such patent are u tt er ly fel No canister is genuine without the name Barry Du Baru and Co., 77, Regent-street, in full, ontheseal and wrap Peri Shopkeepers who attempt imposition in one article teas expect to be distrusted in all others. Packed in tins 11b. 2s. 9d.; 21b. 4s. 6d. ; 51b. lls. ; 121 b. 225. ; 241 b. 405. The 121 b. and 241 b. canisters are sent carriage free on mewl ) of Post-office order by Barry Du Barry and Co., 77, itr gent-street, London; Fortnum Mason, and Co.; Abble) 60, Gracechurch-street ; 4, Cheapside ; 63 and 150, 0 ,„„: bard-street ; 330 and 451, Strand; 49 and 60, Bishopsge„"' street ; Batty, 16, Finsbury Pavement ; Phillips and u°,.• tea-dealers ; Petty, Wood, and Co., King William-strceb City ; at 127 High Holborn ; and all grocers. [ADVERTISEMENT.]—HoIIoway's Ointment and Disfigurements Itemoved.—From the quickened action 01 the heart in spring, conjoined with variable temperature* many affections of the skin are now prevalent, such a boils, pimples, tumours, blotches, &c. In treating 6 11 °,,,' complaints cosmetics are worse than useless ; (the only rational mode of cure consists in subduing the local disea" whilst the impurities producing it are being expelled from the blood and glandular system. Holloway's Ointmen t , ensures the former object, whilst his Pills promote moos perlect deparation of blood, glands, absorbents and eaPil" larks. The humours being thus expelled, continuance in the same course benefits digestion, and the complexion assume a wholesome clearness and transparency quite in . concilable with the idea of depraved or suspended action. BIRTHS. BELL.—On the 15th inst ,at G 4, Torrington-square, the wife of Robert C. Bell, Esq., of a daughter. PETTIWARD.—On the 15th inst., at Finborough 11 , 81 .. / t Stowmarket, the Lady Francis Pettiward, of a daughie r “ WHITWORTM—On the 14th inst., at Leamington, the WO of W. S. B. Whitworth, Esq., of Earl's Barton, Vo l " thamptonshire, of a son. MARRIAGES. FITZGERALD —CHESTER. —On the 16th instant, at St. George's, Hanover-square, Purefoy, third son of theist(' Thomas Fitz Gerald, Esq.. of Shalstone, Bucks, to 1 - Y 11 : rietta Mary, only child of the late Rev. Anthony Chest"' of Chieheley Hall, Bucks. YOUNG —JACKSON. —Onthe lath inst. at Bow, Mid di v e' sex, Thomas Walker Young, of Islington, son of the 1 1 7:.: Robert Young, Truro, to Mary Ann, daughter of A" Jackson, Crown-street, Finsbury-square. DEATHS. BuRGESS.—On the 13th inst., at Southsea,William Burge°, Esq., aged 82. BROOKES.—On the 12th inst., at Ramsgate, Elizabeth 1' Brookes, formerly of Hampstead, Middlesex, aged 6 8 . EGERTON.—On the 14th inst., at Roche Court, Winter" slow, Francis Thomas Egerton, Esq , dep.-lieut. for the county of Wilts, aged 89. GruzwairAm.—On the 84th inst., at Eastbourne, Jolla Gimingham, Esq., of 41, Westbourne-terrace, London, agad 73. HALL.—On the 13th inst., at B a skerville House, Worces ' ter, Lieut.-Colonel Jasper Taylor Hall, late of the Cold stream Guards, aged 63. LONDON : Printed and Published by MURDO YOUNG, o: No. 112, Strand, Printer, at Tim SUN Once, No. 112,Stran d• in the Precinct of the Savoy, in the County 01 bildalebeft Wcciazoodigt APril 17, 1602. BE Zvi ele Itl at and cotti 2 2, oe 0 men .Ei 11EIilli 11 18 ts Pere liver 0 the beau most of s c OLD: Rig the lkhd ( PR dißea the e , tbO m N ' , O Of be etc 8 '1 Als ( ken the tem h e Iten Zion They mid 'VI: Our, ew urn no On, C wee, lam