The Sun. — London, England, 1845-05-02 00:00:00

RAILWAY COMMITTEES. (YESTERDAY.) Group V. GRIMSBY AND SHEFFIELD PROJECT. THURSDAY, FOURTH DAY. Cross-examination of Mr. Fowler (in continuation from our After noon Edition of yesterday) —Surveyed this line first in September last. The reasons he preferred this line to any other were, economy of construction, better gradients, and shorter distances. There would be a cutting of 33 fret at one side before the tunnel was entered, and 6 0 feet at the other ; the latter was through limestone rock. The ground between New Holland and Great Qrimsby was not as favourable for a line as other routes, as the material was different, and could not be made so cheaply. Is of opinion that 100,0001. in addition, would make a double line throughout; the chains and rails would amount to about three quarters of that sum. Iron in February last was Si. per ton. It was now 12/. The offer of the contract has b2en made, but not yet concluded. Mr. Rendle male surveys of the Grimsby Docks, with a view to the enlargement of them, so as to accommodate the largest class of steamers and merchant shipping ; if those plans were carried out, that accommodation would be afforded; the present extent of the decks is seventeen acres; the present lock would ac cammodate seven or eight hundred tons vessels ; it was principally to accommodate steam-packets that witness made his survey; the cost he had estimated the works at wa, 300,000/. This witness corroborated the testimony of Mr. Fowler as to the advantage of the proposed line, &c. Cross-examined—The present docks at Grimsby would accom. modate vessels drawing sixteen feet water, at about two hours befoi e high water of low spring tides; =rev saw vessels of that draught there, but did see vessels of fourteen feet draught there. lie proposed alterations would afford more accommodation than the present dock at hull for steam packets, which was now very bad, and so was that at Liverpool. Mr. Adam Smith. engineer, corroborated Mr. Fowler's state neat, and said his estimates were fair and not tco low. Mr. HINDS, solicitor to the company, stated that the proposed capital was 000,0001., and the Bill also gave the power of raising 200,000/. after the whole sum had been subscribed and the half had been paid up. The whole capital was subscribed and 33,000/. was paid up. There were only 40 shareholders who had a local in. terest out of the whole number, 348, and the amount for which they had subscribed was 17,550/. This closed the case on the part of the promoters. _ . . Mr M. D. HILL then proceeded at great length to show that the preamble of the Bill should not pass, and that this line would be of very little importance to the town of Hull, the importance of which no person could deny. The CHAIRMAN said, in reference to the Trent Valley Bill, that they would not go into its clauses until they had decided upon the preamble of the Bill then under consideration. If it was possible to finish on Saturday, he would have no objection to sit on that day; but, as that did not appear likely, he thought he might as well lot it be understood that they were not to sit on that day. Counsel then applied to request that an order of the House should be moved fir the sytendance of two witnesses from Marc' ...ter, on the Trent Valley Bill, on Monday next. The Committee then adjourned until twelve tomorrow (this day). Group B. LEEDS AND WEST RIDING JUNCTION RAILWAY. (12,ntinued from our Afternoon Edition.) Mr. William Fairburn, an engineer and machinist at Manchester, had had extensive experience in the construction of locomotive engines, and was generally familiar with the application of steam to stationary and locomotive power. Fourteen inches was the maximum size of a cylinder attached to a locomotive engine. For t e proper working of a railway it was neces sary that the engine should have power beyond its working settent. Gradients were not thought so insurmountable now as they were some years ago. The North Union, the Birmingham and Gloucester, and the Edinburgh and Glasgow had surmounted ex traordinary gradients by the increase in the power of their locomo. tive engines. It was his opinion that the power of the locomotive would be still further increased. He had examined the gradients on the West Riding Junction lines, and saw no gradients of an objectionable character. He had had some ex perience on the construction of a " heist " for transferring the carriages of one railway to another below its level. The Birming ham and Derby had one, and, in his spinion, " hoists " could be constructed and worked with ease and simplicity, and at a mode rate expenditure. On Cross-examination, he said he was not aware whether the Bir mingnam and Derby were seeking-in the present session for powers to do away with their "hoist," and to adopt some more improved plan for transferring their traffic to a line rbove their own level. The size of the cylinder began at eight inches, they were now ad vancing to fourteen and sixteen. The weight of the engine which was then only 71 or 8 tons, was now from 15 to 16 tons. For steep gradients the six wheeled engine was the mast preferable. Mr. George Leather, a civil engineer, had had considerable experience in the construction of railways, and was well acqnainted with the district through which the Leeds and West Riding Junction lines ran. It was quite impossible to construct a railway through the district without severe gradients and quick or sudden corners. On the whole the gradients on the West Riding and the West Yorkshire were about equal. The engines lie had heard described would be applicable to either line, and wouid carry any extent of traffic likely to come on both. The curves of the two lines were pretty nearly the same. He had gone through the estimate of Mr. klawkshaw, and applird them to both litres lie had come to the same conclusion as Mr. Idawksbaw, namely, that in constructing the West Riding there would be a saving of 320,4::(5/. The Leeds and West Riding line, independently of this saving, was the one best calculated to serve and accotmneclate the public. " • Mr. Gibbs, a civil engineer, who had constructed railways both in this cuuntr} and on the Continent, gave concurrent testimony to the last witness. He preferred the line which had the highest summit, and that one was the West Riding Junction. He pre ferred the one with the hi k ,hest summit, because its approaches would lie more convenient than those of the other. On cross-examination, he said there were no great differences between the gradients and curves of the two lions. The one which had the greatest ntimber of curves Rith a small radius would be the most dangerous ; but in his opinion there was little or no difference between the two lines in this respect. There would be no neces sity to slacken the pace of the engine when it approached a curve crn the West Milling Junction line, because it was not a through line, aid would have repeated stoppages. So far as safety, dispatch, and punctuanty went, the two lines would possess ahnut the same advantages. He was originally the engineer, and estimated the cost of the Crov . don and Brighton lines. Ile proposed that the tunnelling on the hitter shcu!d tour miles. He thought the gradient on the Brighton lire would have been better had it been lin SO instead of lin 100. Danger increased not in the length but in the acuteness of the curve. Itastrick, engineer to the Brighton Company, had insi - ccted the clans and sections of the two rival lines, and certainly pref,rrtui the Leeds and West Riding Junction. In a country iihe E , g7and you lengthen the tintiels, viaducts, anti cuttings, by flattening the gradients. He thou ;.ht a gradient of lin 1110 was in no way ob jectionable. Trains on the C.oydon and Brighton Line ran ;hilly over a similar gradient—namely, 1 in 102. There was no diflietOty in working lines wish such revere gradients as these. He was staking a line, for instance, from Brighton to Lewes, and fur fitly t h ree miles it had a gridient of 1 in SS. He are no objcetion to the curves in either tine. If they were r - Drked its connexion wills an existing line, the expense Iv role be considerati y reduced. He concurred gene rally with the evidence given by the former witnesses. On cross.examitlatioo, he said the s eepest gradient cn the Brighton line was 00 feet a mile. Had the gradient been 1 in 100, the consttuction would have cost considerably less than what it did, and the lint., in his opinion, would have answered just as well as it docs new. It was by no mesas a surface 11112 Mr. Toat LINE Wished to know how they could get at the memo. rials deposited with the Board of Trade ? The CHAIRMAN Leplicd that any party wishing to take emr;:cts or inspect documents deposited with the Eoard of Trade, coul,l prvcure them at the Pri , ate Bill Office on their producing an order so to do from the Committee. Mr. BAINES moved that they should have leave to inspect the memorials deposited with the Board of Trade by the Rest Riding and Leeds and Manchester Companies.—Leave was given. - . Mr. TALBOT movcd that his clients should have access to the documents deposited. by the Leeds and Huddersfield and West Yorkshire Companies.—Leave was given. Mr. Cubitt had compared the plan and sections of the two lines, and certainly he preferred the West.ltiding line. The cost of the other line would be greater, and the accommodation for the public. I:e cotraborated the testimony of the last witness. The line ciulti be worked with much more facility, with greater economy, and with greater advantage to the public by being connected with an existing, line, such as the Leeds and Manchester, than by being worked by an independent company. On cross.examUtation, he said he had never been over the ground. lie :.ssumcd Mr. Hawkshaw's details to be correct. The examination of this witness closed the day's proceedings. The Committee adjourned shortly after five o'clock till to morrow. Committee C. Thin Committee met at tw•o o'clock to-day, Mr. Barneby in the Chair, to consider the ra!es of charges in the HUDDERSFIELD AND SHEFFIELD JUNCTION RAIL- WAY BILL. Parrr submitted the following clauses :-1. In respect of tonnage of all articles conveyed upon the railway, or any part thereof, as follows : —For all dung, compost, and all sorts of ma nure, lime, and lime-stone, and all undressed materials for the re_ pair of public reads or highways, per ton per mile not exceeding one penny; and if conveyed in carriages belonging to the Com pony an additional sum per ton per mile not exceeding one halfpenny. For all coals and culm, coke, charcoal, and cinders; a:1 stones for ImPding, pitching, and paviag ; all bricks, tiles, slates, clay, sand, i onstone, and iron-ore, pig.iron, bar-iron, rod-iron, hoop-iron, and all other similar descriptions of wrought iron and iron castings, not manufactured into utensils or other articles of merchan. disc, per ton per mile not exceeding twopence ; and if conveyed in carriages belonging to the Company an addtioual sum per ton per mile not exceeding one halfpenny. For all sugar, grain, corn, fLur, hides, dye-woods, earthenware, timber, stones, and deals, metals (except iron), nails, anvils, vices, and chains, per ton per mile twopence; and if conveyed in carriages belonging to the Company an additional sum per ton per mile not exceeding three farthings For all cotton and other wools, manufactured goods, and all other wares, merchandise, fish, articles, matters or things, per ton per mile not exceeding threepence; and if conveyed in carriages belong ing to - the Company an additional sum per ton per mile not exceed ing onepenny. And for every carriage, of whatever description, hav ing more than two wheels, not being a carriage adapted and used (or travelling on a railway, and not weighing more than one ton, car. ried or conveyed on a truck or platform, per mile not exceeding eightpence ; and a like sum of twopence per mile for ever additional quarter of a t on, er fractional part of a quar ter of a ton, which any such carriage may and If conveyed on a truck or platform belonging to the Company, an additional sum per m il e not exceeding i twopence. 11. In respect of passengers and animals conveyed in carriages upon the railway as follows : —For any person conveyed in or upon any such carriage per mile not exceedi ng two pence; and if con veyed- in or upon any carriage belonging to the Com_ pan y - an additional sum not exceeding one For every horse, mule, ass, or other beast of draught or burden, Penny and_ for every ox, cow, bull, or neat cattl e conveyed in or upon any suck carriage per mile not exceeding threepence ; and if conveyed in or ,upon any carriage belon g i ng to the Company an additional sum not exceeding one penny. For every - calf, or pig, sheep, lamb, or other small animal, con veyed- in or upon any such carriage per mile not exceeding one penny; and if conveyed in or upon any carriage belonging to the Company an additional sum not exceeding one farthing. A n d b e it enacted, that the toll which the Company may demand for the use of engines for propelling carriages on the railway shall not exceed one penny halfpenny per mile for each passenger, or animal, or for each ton of goods, or other articles, in addition to the several other tolls or stuns by this Act authorised to be taken. And be it enacted, that the following provisions and regulations shall be applicable to the fixing of such tolls (that is to say) ; Far 'articles or persons conveyed on the railway for a less dis. tanee than six miles the Coniviny may demand, in addition to the prescribed tolls for conveyance, a reasonable charge for the expense of stopping, loading, and unloading. For a fraction of a mile beyond six miles, or beyond any greater number of miles, the Company may demand tolls on merchandise for such fraction in proportion to the number of quarters of a mile contained therein; arid if there be a fraction of a quarter of a mile, such fraction shall be deemed a quarter of a mile; and in respect of passengers, every fraction of a mile beyond an integral number of miles shall be deemed a mile: for a fraction of a ton the Company may demand toll ac. cording to the number of quarters of a ton in such fraction; and if there be a fraction of a quarter of a ten, such fraction shall be deemed a quarto of a ton: with respect tr all articles, ex. cept -.stone and timber, the weight shall be determined" according to the usual avoirdupois weight. With respect to stone and timber, fourteen cubic feet of stone, forty cabis feet of oak, mnbogany, teak, beech or sub, and My cubic feet of any other timber shall be deemed one ton weight, and so in pro portion for any smaller quantity. And with respect to small pack. ages and single articles of great weight, be it enacted, that notwithstanding the rate of tolls prescribed by this Act, the Company may lawfully demand the tolls following (that is to say), for the carriage of small parcels (that is to say parcels not exceeding five hundred pounds weight each), the Company may demand any sum which they think fit ; pr,,A ided always, that articles sent in large aggregate quantLt es, although made up of separate parcels, such as bags of sugar, coffee, meal, and the like, shall not be deemed small parcels, but such term shall apply only to single parcels in separate packages. For the carriage of any one boiler, cylinder, or single piece of ma chinery, or single piece of timber, or stone, or other single article, the weight of which, including the carriage, shall exceed four tons, but shall not exceed eight tons, the Company may demand such sum as they think fit, not exceeding one shilling per ton per mile. For the carriage of any single piece of timber, stone, machinery, or other single article, the weight of which with the carriage, shall exceed eight tons, the Company may demand such sum as they think fit. And be it enacted, that every passenger tra velling upon the railway may take with him his ordinary lug gage, not exceeding one hundred pounds in weight for first-class passengers, sixty pounds in weight for second class passengers, and forty pounds in weight for third class passengers, without any charge being made for the carriage thereof. The Committee having read the clauses through, submitted a rate of charges but little differing from the above, but they are not yet made public. Adjourned till the clauses are reprinted in the amended form. Group X. LONDON AND YORK RAILWAY. (Contimied from our Afternoon Edition of yesterday.) Sir. J. Geard, brewer, of Hitchin, stated that he consumed be-. tween GO and 70 tons of coals a year. He got his coals from Biggleswade. The price at which they were delivered was about 38s. The coal came by sea from Newcastle to the Ouse. He con. sumed about 500 quarters of malt per annum. If this railway were made he should save nearly 601. per annum in the cost of coals. The population of Hitchin was about 6,500. There was formeriy a very large trade in malting carried on in Hitchin. It was not so now, nor had it been for 2.0 or 30 years. There were formerly six teen or twenty malting establishments in Hitchin, now there were but seven. He attributed this to the want of means of communi cation. If they had a railway, he believed that the malting trade would rise again, as would several others. The value of property iu Hitchin had been depreciated of late years. The Rev. I. E. Kemp, curate of Barnet, was called and examined by Mr. Dennison. The poor in that neighbourhood suffered much from the want of fuel. Mr. Pym, a Director and Shareholder of the London and York Company, examined by Mr. KING LAKE, said he farmed about 500 acres in Bedfordshire. He was Chairman of the Quarter Sessions. The exports consisted of agricultural produce. The Committee adjourned at four o'clock. Group E. NEWCASTLE AND BERWICK LINE OF RAILWAYS. (Continued from our Afternoon Edition of yesterday.) Thomas Harrison, cross-examined by Mr. ALEXANDER—After crossing the bridge over the Tweed there would be an embankment extending 726 yards, for which they should resort to the purchase of side-cuttings of 604,000 yards, the value of which would amount to 30,200/. The greater part of the stuff would be soft red sand stone, which they proposed to get from the face of a hill. In putting down 30,2001. for the side-cuttings, he included the cost of the side-cutting and the making of the ern. bankment. Independently of the land at Newcastle, the land upon the whole main line would amount in value to 67,202/., none of which was to be apportioned to the side-cutting of the above mentioned embankment. The bridge across the Tweed would probably be constructed of brick, and would consist of thir teen arches of seventy feet span each. The expense would amount t • ) 65,0001. The whole viaduct, including the bridge across the Tweed, would consist of 27 arches. The bridge of Tyne would have 24 arches of 125 inches each. There was a gradient on the Bligh branch of 1 in 100, which the witness con sidered a very unfavourable gradient. He was of opinion that there would be a great saving of them gained by passing the railroad through Morpeth. He considered that there would be no great likelihood of any danger arising from the locomotive engine passing on a viaduct over the houses in Newcastle.. There might be a possibility of danger from the sparks falling over the viaduct on the tops of the houses, but did not think it probable. Mr. Robert Stevenson, the engineer of the line, was then examined. He corroborated the estimates made by the last wit ness as well as the engineering details. His examination had not concluded when the Committee adjourned. BRISTOL AND EXETER RAILWAY BRANCHES. The object of the Bill under this title is to obtain power to form four branches of the Great Western Railway—one from Bristol to Yeovil, twenty miles in length ; one to Tiverton, of four miles and sixty chains; a third to Clevcdon, a sea-bathing village on the Bristol Channel, three miles and three.quarters from Bristol; and a fourth, to obtain an uninterrupted communication between the Great Western and the Bristol and Exeter Railways. In conse quence of the latter of the two railways running at a right angle to the fencer great delay occurred, and in some instances the passengers had to get out of their carriages, or go over two cr three turn-tables. Mr. MEREWETHER, who appeared for Messrs. Hares, of Bristol, waived his opposition to the preamble at present, in consideration of an arrangement which was likely to be made between his clients and the Company, and especially as the Bill was not yet read a second time, and also as it was hardly competent for the Committee to take thepreamble of the Bill, though they might go into the evidence By the statements of Mr. Brunel it was shown that the cost of the. Yeovil branch, the object of which was to open a better communi cation with the south, would be 200,000/. ; that of the Tiverton branch, about CO,OOO/. ; of the Clevedon branch, 40,0001., and the conummicati, g branch at Bristol. which is to be only about ha!f.a-mile in length, about 60,000/. The whole expenditure was likely to be about :373,0001. There were no engincoring difficulties in any of the branches, nor any inconvenience in passing turnpike roa,l= or otht r highwa:.s at a coinch:ent level. He intended to woik the Tiverton branch certainty on the atmospheric principle, and very likely the Clevedon also. . _ Mr. Ford, contractor of the carriage department at Bridgewater, was produced, to state the expected traffic; but as there was no opposition at present, his evidence was declined. Mr. Vyvian stated that the whole amount of the capital to be raised was 500,0001, of which the Company were empowered to raise 166,1,00/. by mortgage or on loan ; the etimated cost 375,000/. The shares subscribed for amounted to 285,066/. 13,. 4d., on which a deposit had been paid of 17,184/. The number of share. holders locally interesh d in the line was '216, and the amount of their shares 152,866/.13 r. Id. The number of other shareho'dets was 101, and )he amount of their interest in the line 132,200/ There were 35 shareholders, set orally possessing interest to the amount of , 2,000/. and upwards. - - - • A power was also sought to apply 75,000/. to the purchase of shares in the Devon and Cornwall line, similar to the power sought also by the Gloucester and Bristol Company. the evidence being conclucled, the further consideration of the line was dcfLrred till twelve o'clock on Monday next. Group G and G 2. WILTS AM) SOMERSET RAILWAY. (Continued frum our Afterno ,, n Edition of o,terdr.e.y.) T!:? room having born cleared, on:the readmission of st rangers— The CHAIRMAN declared the preamble proved, but the Com mittee hyped that the Company would give Mr. Ainstey ample corn pensation fir the invasion of his property and comfort, and they thought that it would be only wise to do so as several noblemen and gentlemen of great influence bad succeeded in introducing clauses which protected their properties in subsequent stages of Bills. This was readily promised by the company, and the Committee proceeded to the consideration of the clauses of the Bill, which were ail passed, but the solicitor of the line having stated that there were other clauses which were not yet quite reat4y for the consideration of the Committee, the report was deferred until Monday. Sub-Committee No. 2. THE GOOLE AND DONCASTER RAILWAY. our Afternoon Edition of yesterday.) Mr. COATES submitted the several allegations in the petition of Mr. Baxter. The only one worthy of notice was that against the subscription contract. The allegation complained that some of the parties signing the contract were not sufficiently bound to carry out the powers of their Bill. The Committee overruled tihe objection. Several minor allegations were sustained, but a large proportion were disallowed. Mr. Lang appeared on the petition of Messrs. Knight and Jones, The petit:oncontained numerous allegations against the books of reference and plans and sections, several of which were sustained, but the greater number overruled. The CHAIIVIAN said that in the ease of the Gook and Doncaster Railway the standing orders had not been complied with in many instances. The Committee rose at four o'clock. It is understood that the Great Western Railway (Ireland Dublin to Mullingar and Athlone, will be the first case taken by the Sub-Committee to morrow. There are 3,000 allegations in the petition against the scheme, and the inquiry is expected to last some days. Group 0. GRAND JUNCTION POTITIIIES LINE. (Continued from our Afternoon Edition of yesterday.) The Committee, atter hearing other evidence of a similar descrip. :ion, adjourned till tomorrow. SCOTTISH CENTRAL RAILWAY. Group D D. (Continued from our Aft.,rnoon Edition of yesterda) Mr. CLARK then rose and said he appeared to support a petition from the inhabitants of Perth against the construction of the Scottish Central Railway. The petition was very numerously signed, and was the general expression of the views entertained by the middling classes of Perth on the erection of a station on the South Inch. The South Inch was a large space of ground situated on the west side of Perth, and was a place of great resort for the people residing In the city and its neighbourhood. It was a beautiful spot, ornamented with avenues of trees, with a river meandering by hs side, and well indeed warranted the allusion of a Noble Lord in the House of Peers the other night, who, on pre. smiting a petition against the construction of the proposed station, introduced the emphatic exclamation of a Roman general, on film viewing a lovely landscape, " Ecce Campus Martins." It was this place, the beauty of which the railway company contemplated de stroying, by erecting unsightly stations, and laying down iron rails along the whole length of its southern side. The game of golf and other exercises, which tended so considerably to the healthful recreation and pleasure of the people of Perth, had been played on this spot from time immemorial; in addi tion to this it had been habitually used as a drying ground ever since the city of Perth had existed; past of the southern portion was also converted into a market for cattle ; and the approximation of the locality to the city conduced in a very considerable degree to the recreation, convenience, and business of the Inhabitants. If the proposed station were erected all these advantages would be materially interfered with ; and he therefore trusted that on these grounds the Committee would not permit the preamble of the Bill to pass. Mr. CLARK then called Mr. Chalmers, land-surveyor at Perth, who said that as far as his knowledge went the feelings of the inhabitants were strongly against a station being made on the South Inch, and that a terminus at the western part of the town would be quite as convenient for the shipping. The CHAIRMAN then said that the Committee had deemed it ad. visable to consult Mr. Fox Maule, the Member for Perth, who, from his general knowledge of the city would be able to give every information as to the propriety of erecting a station on the South Inch, and as the Right Hon Gentleman was now in the room, he would,notto be p:rhap 3 , f avour th e C omm i ttee w i t h hi s op i n i on ; b u t he was be submitted to any examination, as he appeared only in the capacity of an amicus. _ ...... Mr. Fox Manic said that from the position which he held in Perth it would be somewhat invidious in him to say that either way would be the best locality for the proposed station. He could however have no difficulty in distinctly stating as his opi nion that that portion of the Inch which had been pointed out to him was most conveniently situated for the trade of Perth. From the small quantity of land which would be occupied by the station, he considered that the recreation of the inhabi. tauts would not be interfered with. The amusements of golf, &c., are usually carried on on the northern extremity of the Inch, and the southern portion has been used as a drying ground. The part which was intended to be occupied as a central station had been used only as a cattle market. One general station would be most convenient for the public; but the confluence of several stations would be still eompatible with the recreation of the inhabitants. He would decline giving any opinion as to the eligibility of erecting a terminus on the west of Perth. The present locus of the station would not materially Interfere with the interests or pleasure of the people, and he had presented a petition from classes whom hfaevncuronnsifdtehrede scheme e en a t o e w d beforethe general feelingom m Committee. • e inhabitants, Mr. CLARK then called i ti f t r. iSieteicteunidso given engineer n o i t n o io t n he a H s a t r o bo th u e r Comm i s sioners of Perth, bu t policy of removing thestation t f b r e om m i a ts tce p r r . esent proposed site, as he had not thoroughly considered T lIE SUN, LONDON, FRIDAY EVENING, MAY 1845. This witness was cross .examined by Mr. TALBOT, but nothing of any interest was elicited. Sir John Richardson was then called—He said he was a consi derable landed proprietor in the neighbourhood of Perth, and knew the place called the South Inch very well. He was of opinion that in a salutary point of view the inhabitants would be great sufferers, as the erection of a station and line of railway along the southern aide of the Inch would prevent the free influx of the sea air to the western side, or it would arrive in a smoke-impregnated condition, and unfit for respira tion. The opinion of the Perth people was not generally in favour of the line. After a short cross-examination of this witness by Mr. TALBOT, Mr. Spottiswoode was called, who said that thirty.five acres of ground, on the western side of the town, had been let out for railway purposes. With this witness Mr. Clark closed his case. The decision of the Committee is deferred till the close of the who'e business before them. Sir Thomas Phillips, Mr. Austin, and Mr. M`Neil appeared to oppose on behalf of the Edinburgh and Glasgow (Branch to Stirling) Railway. . .. Mr. flibbs was examined as to the traffic along the branch line to Stirling. At present there existed no direct communication either for goods or pa sengers between Stirling and Carlisle; the traffic between these places was very considerable, and would, in his opinion, afford a sufficient remuneration on the outlay of capital expended in making a railway. The traffic between Perth and Stirling was comparatively small. Mr. Dick, an extensive woolen.draper, then gave evidence as to the increasing woollen trade of Stirling, and instanced the num ber of hands employed, and quantity of goods manufactured, as proofs of its extent. ANTI-3IAYNOOTH CONFERENCE. The meeting held at the Crown and Anchor Tavern, to protest against the Maynooth grant, which we briefly noticed yesterday, was composed of persons delegated by congregations of various re ligious denominations throughout the empire, the great majority being from Dissenting bodies. At ten o'clock Sir Culling Eardley Smith was called to the chair. The CHAIRMAN suggested that the proceedings should be opened with a prayer, such as should be appropriate to the very impor tant and extraordinary circumstances under which they had as sembled. The Rev. Dr. HOLLOWAY, in accordance with the desire of the Chairman, offered up a prayer, in which he was joined by the meeting. The prayer having concluded, The CHAIRMAN again rose and said, that they had met on that occasion to discharge their duties as Christians, and to avail them selves of their rights as Englishmen.—(Hear, hear.) In his opinion a great insult had been offered to that religion which, he thanked God, notwithstanding minor differences, they all held in common.—(Cheers.) They had reason to be grateful that they lived in a land of freedom, where they could meet together and devise measures for attaining the object they had in view, or failing in that, to consider what remedy they would resort to; to that object —the devising of plans by which the en dowment of Popery might be prevented—the proceedings of that day would be mainly devoted.—(Cheers.) It was not necessary for them to go at length into the question itself, upon which they were all agreed.—(Cheers.) They had less to do with the arguments in favour of Maynooth than with the ' duties which devolved upon them in consequence of the decisions r which had recently been arrived at in the House of Commons. — (Hear, hear.) He felt that it would be impossible to avoid alto gether any discussion of the question itself, which involved • °pies of very great delicacy ; but it was important that they should stand a united phalanx together. In contending against the endowment of Popery, in the name of their common Saviour, he hoped that they would not, on this occasion, go into the question of religious establishments, as on this occasion neither the church man nor the advocate of the voluntary system could be suspected of departing from his own religious or conscientious grounds in opposing the: endowment of Maynooth.—(Hear.) The question which they had now to consider was_whether their country was to be dishonoured by the recognition of Popery ?—(Cheers)—and to that question he should beg them to confine themselves. Sir Robert Peel stated that, in consequence of certain circulars which had been sent frOm London to the country, he did not regard the opposition which had been expressed to this subject of as much importance as he might under other circnmstances, and it was, therefore, the more necessary for them to meet on that day—(Cheers)—in order that they might remove all doubts from the Premier's mind with regard to this question. The Chairman then called the attention of the meeting to the following correspondence between the Anti-Maynooth Committee and the Premier : " Central Anti-Maynooth Committee. " Sir Culling Eardley Smith presents his compliments to Sir Robert Peel, and begs, at the request of this Committee, to state that deputations from various parts of the country on the subject of the endowment of Maynooth are expected to arrive in London on Wednesday next. Some members of the deputation will be glad to have the honour of an interview with Sir Robert Peel on Thursday, if that day should be convenient, in which case Sir C. Smith would be obliged by Sir Robert fixing an hour when it will be in his power to receive them. " The Right Hon. Sir R. Peel." " Whitehall, April 29, 1845. " Sir R. Peel presents his compliments to Sir C. E Smith, and in reply to his note of yesterday, begs to decline receiving the parties referred to by Sir Culling Eardley Smith, who wish for an interview with Sir Robert Peel on the subject of the endowment of Maynooth. . _ . "That subject has undergone the consideration of the House of Commons during ten nights of debate, and Sir R. Peel feels it to be wholly out of his power, consistently with the proper discharge of the official duties he has to perform, to discuss in personal con ference out of Parliament the merits of measures of general public, not especially affecting particular or local interests."—Upon that letter he would make no comment, for it would be for the meeting to deal with it as it thought fit.—(Hear, hear.) If, however, as was the case, Sir R. Peel received a deputation on the subject when the measure was in its infancy, a fortiori, he ought to receive one now, when it was more advaiseed and when the public mind was more opposed to it than ever. In consequence of the letter which he had read, the Committee had on that morning come to the following resolution :—" Resolved—That it is matter of the deepest regret and surprise that Sir R. Peel has not deemed it con sistent with his public duty to receive a deputation of gentlemen who would have been able to prove to him the fact that the whole of the country, as well as the metropolis, are most decidedly against the endowment of Maynooth ; and that this resolution be respectfully transmitted to Sir R. Peel." The C4ItIRVAN having read the resolution, concluded by ex pressing his desire to hear the opinions of the deputations from the various pArts of the country. The Rey. Messrs. Robertson and Griffiths, of Edinburgh, and Dr. Cullen, of Leith, severally s,ddressed the meeting, and stated that the most perfect unanimity of opinion existed amongst all the denominations of Protestants in Edinburgh and Leith, as regarded the propriety of opposing the grant to May nooth. Archdeacon Macee,l of Dublin, said that Churchmen and Dis. centers were all opposed to the grant in Ireland. The Rev. H. STOWELL, from Manchester, felt that they ought to thank God for the unanimity which prevailed amongst them. Sir Robert Peel thought Protestantism was a negation, but he would find that it was a stern affirmative—(Cheers) —and he would find at the next general election how much opposed the English people were to concessions to Popery. If all Protestants did not belong to the same corps, it was quite clear, from their unanimity on this point, that they fought in the same army, and that the same glorious banner waved over their heads, having on the one sine, " The Gospel of Christ," and on the other, "No peace with Anti-Christ."—(Loud cheers.) There was a large party in Manchester devoted to Mammon, and they praised Sir Robert Peel for his commercial policy, although they admitted that he had deceived them in religious matters, but for his part he would prefer a man of humble mind and principled heart to a man, however mighty his mind was, if he was a man without principle. He was happy to inform the meeting that a memorial was in course of sig nature at Manchester, which was addressed to the Queen, and which already contained 20,000 signatures, praying her Majesty to dis. solve Parliament, and try the feeling of the country on the question before she put her hansi and seal to the measure for endowing Maynooth, a Bill which would virtually destroy the right of the House of Brunswick to the Throne, and would virtually open the door for the representative of the House of Stuart, if it had a re presentative living.—(Loud cheers.) The Rev. Dr. HAGLEY said he came for the purpose of lending his aid to oppose the grant, and he was nut desirous, in doing so, to wound the feelings of any class of persons. . ... _ Mr. BAINES, formerly M.P. for Leeds, next addressed the meet. iog. He said he recently had thepteasure of presiding at a meeting held in Leeds to consider this question. It was so numerous a meeting that its numbers were only restrained by the size of the largest building which they could command in Leeds.—(Cheers.) At the meeting to which he alluded a petition was adopted, pray- ing Parliament not to agree to the measure, and out of an adult us ur a g n ed d decided opposition to the male population of 25,000 in Leeds, the petition was signed by no on the meeting the pro. less than 16,000 persons. , corroborated the state_ r eelings against Maynooth. proposedp , i l e s t h y e of Rev. measure. Mr. expressingN e NIS T u U n A a D n i a lso m could d o a bf t eat t hr h e a h t Fi sr m ete e e e sc t t meeting as in e T n thseof Rev.the D . r t h . e speakersMASSES, of ? s i t e: c t h h e e s t e f In 'Manchester there was a strong and decided opposition to it. BROWN Aberdeen,o of s seventeensi d that a nd h congregations he appeared } t c e o a ° fl i t the representative e RScotlande. iart. (pie very strong feeling of opposition which was entertained in deen to the pernic ious, faithl e ss, an d iniquitous proposition of 1r obrrt Peel to endow Popery in this country.—(Loud cheers.) e Rev, Dr. MARSII, of Leamington, said that he saw in the fleeting b e fore him no Protestant or Dissenter, but a tessellated pavement of Protestant heads, and he was confident that every one of those heads presided over a true Protestant heart. As a true Briton he was a lover of civil liberty; and as a Christian he was a lover of religious liberty, and he attended at that meeting to maintain those principles. What was Protestantism ? It was the religion which Jesus Christ propagated on earth. Did Protestantism want visibility ? The meeting which he saw around him afforded the best and most perfect answer to that question ? (Cheers.) Did Protestantism want antiquity? What were the Patriarchs? They were Protestants.—(Cheers.) What were the Apostles ? They were Protestants. What were the Pro phets ? They were Protestants ; they all protested against error. —(Cheers.) They had this at their side—visibility and antiquity. —(Cheers.) He should have brought his daughter, who accom panied him, to that meeting, if ladies were allowed to be present.— (Hear.) And he only regretted that they were not. The Rev. Gentleman concluded with a lengthened prayer to the God of peace and charity to bless their exertions. The Rev. Mr. Bickersteth, of Watton, 'Arr. S. C. Hall, of New castle-upon-Tyne, Mr. Ralph Wilson, of Newcastle, the Rev. Dr. Raffles, as a Protestant Dissenter from Liverpool, Mr. Wee Steevens, from Newport, in Wales, representing the Dissenters of various denominations in that town, and the Rev. Mr. Steevens, of Swansea, stated the co-operation of their constituents to oppose the grant. Mr. Jones, c f Merthyr TYdvil, and Mr. Fowkes, a m ag i s t ra t e o f Montgomeryshire, spoke to the same effect ; after which the meet ing (at three o'clock) adjourned to six o'clock in the evening. The evening sitting was resumed at six o'clock, when Sir C. E. Smith took the chair. Prayers having been read by the Rev. C. Prest, and some routine business disposed of, The CHAIRMAN asked whether any Dissenters from Leicester were present ? The Rev. Mr. MENsON, of Leicester, said that there was no de putation from Leicester, but he held in his hand a letter from the Dissenters of that place, expressing the reasons why they did not deem it right to join the Conference; and this letter he would beg to lead. The Rev. Gentleman's proposition, however, met with a general negative on the part of the meeting, it being contended that such a letter, with its reasons, was foreign to the purpose of the assembly, which was to hear the sentiments of deputations from various parts of the country favourable to the object of the Conference. After some discussion, The CHAIRMAN decided it to be the sense of the meeting that the letter was inadmissible, and that as there was no deputation from Leicester, they would proceed to the next name on his list— Birmingham. The Rev. Mr. ROBERTS, Dissenting minister, of Birmingham, said that, while the religious bodies whom, in the unavoidable absence of the Rev. Angell James, he represented, were to the full anxious to preserve and assist the civil and religious liberties of their Roman Catholic brethren, their attachment to the great principles of the Reformation united them, whatever their minor differences amongst themselves, in strenuous opposition to a measure which tended to overthrow the Reformation and the Protestant throne of these realms.—(Hear, hear.) This feeling alike per vaded the great meeting of 6,000 persons which assembled at Birmingham, composed of men of all political and religious opinions, and the smaller meetings of the various congregations which had taken place there. The meeting was afterwards briefly addressed by numerous deputies from different parts of the country, when Dr. MASSES moved a resolution to the effect that the deputa tions should wait upon the various members for their cities, boroughs, and counties, and represent the state of public feeling on the subject to them, and call upon them to opposejhe further progress of the measure. The resolution was then carried unanimously. Mr. E. BAINES, jun., of Leeds, next moved a resolution con demnatory of the conduct of Sir Robert Peel in refusing to receive the deputations on this subject. The resolution was carried unanimously. The Rev. MACDONNELL, of the Scottish Free Church, then moved a resolution pledging the conference Itself to contribute, and to use its best exertions, each deputation in its own locality, to induce others to contribute funds for the carrying on of the struggle in which it was engaged.—Carried unanimously. The Rev. Dr. BLACKBURN moved that, in the event of the sill passing, it would be the duty of the people to address the Queen to dissolve the present Parliament —Agreed to unanimously. The Rer. W. Ellis, from the Pottery districts; Rev. Macke. Tony, from Belfast ; Rev. Alexander, of Norwich ; Rev. Harding, of Grantham; Rev. Paddon, of High Wycombe; Rev. Cottle, of Taunton ; Rev. Moore and Rev. Berry, of Truro, successively addressed the meeting, and each, on the part of congregations of various denominations in' the respecti localities, zealously concurred in the object of the conference. The Rev. J. T. ROBINSON, Rector of St. Andrew's, Holborn, in giving similar testimony on the part of his parishioners, stated that the charge made by the Archdeacon of London, at the visita tion on Tuesday, was emphatically and solely directed against the proposition of the Government; and further, that an address to the Archbishop of Canterbers was in pteccssful progress among the clergy of London, calling upon his Grace and the bench of Bishops to oppose the Bill. The CHAIRMAN stated that he had reason to believe that the Right Reverend Bench would make a strong stand against the measure; the Bishops of Exeter, Lincoln, Chester, Winchester, Ripon, and Cashel, had already most distinctly declared against it. The Rev. Arrwoon, from Newark, said that such was the feeling in the locality he represented against the measure, that their right honourable misrepresentative need not trouble himself to come down among them again to solicit their votes, for he most assuredly would not obtain them. The meeting adjourned at ten o'clock. IRELAND. THE QUEEN'S VISIT. . DUBLIN, APRIL 29.—A special meeting of the corporation was held this day in the City Assembly-house. The Right Hon. the Lord Mayor presided. Alderman O'BitEN said he felt peculiar pleasure in moving that a Committee should be appointed to prepare an address to the Queen, requesting her Atijesty would be graciously pleased to visit `her faithful Irish subjects at her earliest convenience. A lderman Sir J. POWER, Bart., seconded the motion. Mr. HUDSON moved an amendment, that the consideration of the subject should be postponed for a month. In proposing the amendment, Mr. Hudson said, that the unanimity which had ex isted on the subject of addressing her Majesty had been interrupted by recent circumstances, to which he would refer. He was sur prised at finding in the morning papers a report of a speech, deli. vered by Mr. O'Connell, in which the Learned Alderman declared that the repeal cause should be in no wise abated on the arrival of her Majesty ; and if that course were followed, he (Mr. Hudsoi.) could not anticipate anything but dissension and strife. Alderman KINAHAN seconded the amendment. Mr. O'CONNELL said, if there were anything criminal in the course complained of by Mr. Hudson, it was solely attributable to him, and he would vindicate himself. Since he last had the honour of speaking on the subject, circumstances had occurred which altered his opinion with regard to the course which he would pursue. The English newspapers conveyed intelligence of a nature that was not to be misunderstood. Ireland had been set at defiance. The Eng lish people were determined to risk everything rather than entertain the subject of the repeal of the union ; and if her Majesty would visit her Irish subjects, and that in compliment to her they would suspend their exertions for repeal, it would be construed into a re linquishment of the question, to which he would never consent. He would not be a party to delusion by any Ministry, whether Whig or Tory. No one was bound by any act of his. He would engage to fulfil his -promise by giving the toast of her Majesty's Ministers. He would contribute his share of whatever expense would be necessary to carry cut the 'object; but he would refrain from voting on the question, on one side or the other. The amendment having been put and negatived, the origina motion was carried, and a Committee appointed. LLOYD'S SHIPPING. THE CADIZ PACKET, OF NEWCASTLE. An official document from the Admiralty, relating to the mysterious disappearance of a boat's crew belonging to the above vessel, has been received at Lloyd's. "It appears that the schooner sailed from Gibraltar for the northern coast of Brazil, in search of guano, last year, and on - Thursday, the sth of December last, the schooner lying off the island of Fernando do Monorka, William Parriter, the captain's clerk, Robert Cannon, the carpen ter, and George Elliott and John Gibbons, seamen be longing to the vessel, left in one of the boats for the purpose of going ashore. They landed, were seen to re embark, and hoist a sail for the purpose of returning to the schooner, she being then in sight from the shore, tacking to and fro. The schooner burnt lights the whole of the night, and next day remained tacking off and on, when they set sail and anchored in Pernambuco Roads on the 9th of the same month. Before leaving the island the crew were sworn before the Governor regarding the facts of the disappearance of the men, and again at Per nambuco,,before the British Vice-Consul, Mr. Joshua Goring. The schooner, after shipping a cargo of sugar at Pernambuco, sailed, and has arrived at Cadiz, where she is discharging her cargo." LOSS OF THE SKYLARK. PORTSMOUTH, WEDNESDAY. .The following particulars relating to the wreck of her Majesty's brig Skylark may be relied on as authentic, being an extract from the private letter of an eye witness:— "'The Skylark, 2, Lieutenant-Commander George Morris (1823), sailed from Plymouth on Thursday, April 24, with 68 supernumeraries on board for Ports mouth, which, together with her own crew, made about 110 men. She passed the Portland Lights on the morn ing of the 25th early : it soon after became very foggy. At a few minutes after 10 o'clock, when the ship was going about 4 knots, with topgallant sails set, site struck ; attempts were immediately made to put her about, but being between two ledges of rock she again struck, and would not go about. Attempts were then made to back her off, the hands were turned up, and every precaution and exertion used ; all, however, was ineffectual. About 11 o'clock, A.M., the'fog cleared off a little, and the ship was found to be within hail of the shore, and the people on board the brig could heat voices from the cliffs calling to them that a boat was coming to their assistance from the Coast-guard station. One of the guns was then hove overboard, and an anchor dropped with a halser to it, to lighten her and haul her off; at this time the water started ; the hands were immediately set to work at the pumps, and the boats were got out, but the tide, being on the ebb, soon left her with two fe t of water ender her bows and three quarters of a fathom in the channels ; aft there was greater depth. She had run ashore on Coalpit Ledge, near Kimberage, a short distance to the eastward of the tower which stands on the eastward point of Yellow bay. There was not much wind bowing at tie time, but a tremendous surf setting in shore. The coast-guard boat above-named was rearing the brig under the guidance of Lieutenant Smith, a hen the brig's second gig (which had been got out to communicate with the shore), in which, besides the boat's crew, was the com mander's son, a boy 11 years old, upset. Master Morris sank sc veral times, and was on the point of sinking to rise no more alive, wlgen one of the crew of the coast guard boat, named Crawley, swam out to him :..nd sup ported him until Lieutenant, mith, of the Coast Guard, at the imminent risk of his own lire, rushed in, and saved them all, and returned to the bay with them. 'The brig's cutter was then hoisted out, and filled with men, after immense difficulty, who were safely landed on tilt shore of the bay. Lieutenant Smith, having landed the commander's son and the boat's crew, returned, and went as near the brig as the breakers would admit, and put one of his men in the Skylark's dingy,' who directed two boys r. ho were in her to put her alongside the lee quarter of the brig. They did so, and took in six men, and put them on board the Coast-guard boat ; but Lieutenant Smith, observing the awkward nets of the boys in the dingy, put two mire of his met, in her, who went to and from the stranded brig ii a most dexterous and intrepid manner, bringing each time as many of the brig's crew as the dingy could safely hold, and placing them on board the coast-guard vessel, until it was full, when it pulled away with them for the bay. The tide having gone down, and' the surf decreased in violence,-the dingy was enabled to land her men on the ledge, which was but a stone's threw from the brig' bows, until nearly all were landed. A boat, the Bee, of Weymouth, then came alongside and took the rest o' the crew and the master out. Commander Morris, having the gout in one of his legs, and having used almost superhuman exertions to save his ship, was quite exhausted when the last boat went alongside ; so far, indeed, was his strength prostrated, that h. was incapable of getting into the boat to save him• self, and was thrown overboard, and picked up by the first gig. Lieutenant Smith hid returned iu the meantime, and advised the officers to send the cutter off to the wreck to endeavour to get some sails and spars wherewith to make tents for the men, as the tower was not large enough for them all to sleep in end- also to save as much from the wreck as possible, as it appeared most probable she would go entirely to pieces when the tido flowed, and offered to assist with his men and boat, which was thankfully accepted. Accordingly, every exertion was immediately used, and a great quantity of the sails, spars, provisions, and some of the officers pro perty was got ashore. Commander Granby arrived from Swanage-bay in his tender, the Gertrude, in the after part of the day (having received information by express from Lieutenant Smith respecting the wreck of the Sky lark), and immediately took his boat to the brig and rendered all the assistance ie his power. By 10 o'clock at night, the wind still blowing fresh, the Gertrude had a great quantity of stores, arms, and some of the officers' goods on board, with which she got underweigh, and, after considerable danger and difficulty, cleared the ledges and safely got into Swanage Bay with them by 12 o'clock at night." " On Saturday the brig still held together, although the wind had amounted to a gale all Friday night. " On Sunday part of the deck and several articles of stores were washed ashore. _ _ . "On Monday, the gale having continued with un abated violence during the whole of Saturday, the boats put off and succeeded in bringing the yards and spars ashore. This morning (Monday) Mr. Brown, the As sistant Master-Attendant of Portsmouth Dockyard, ar rived from Swanage Bay, in the Echo steamer, and in the evening the supernumeraries brought by the Sky. lark were sent to Swanage Bay and embarked on board the Echo, for conveyance on board the flag- ship at Port,. mouth, as they had been disgracing themselves in their a wful position by getting drunk and riotous in the adj a cent iillage of Kimberage. " On fuesday the bo — ats were engaged nearly all day, the weather being comparatively calm, and succeeded in saving some of the tanks and other stores. " the officers and crew are still engaged in endeav :tir ing to save all possible, and will not leave the place until the wreck has been cleared of everything of value. " A ship got ashore on the same day as the Skylark, near Portland—all hands perished ; another the same day, near St. Alban's—crew not yet heard of." CIIA.RING-CRoSS HOSPlTAL.—Yesterday, the dis tribution of prizes at this hospital took plade ; the Rev. Mr. Bowers, Rector of Saint Paul's, Covent-garden, in the chair. The meeting was held in the lecture-room of the institution, which was filled with pupils and their friends. The Rev. Chairman having stated the object of the meeting, and the Professors in turn spoke in high turns, not only of the pro.. ficiency of their pupils, but of their general good conduet and close attendance. The prizes were then awarded ; the competitors having each previously enclosed a sealed motto, accompanied with the title of the paper and name of kw writer. These communications were broken up by the Rev. Chairman in the presence of the meeting, and the names duly an nounced. The annual exhibition, value 151., was adjudicated to Joteph Fayrer, for the best essay on the Materia Medica ; in chemistra, to J. H. Buckstone ; in anatomy, to —__— M'Creal and Philip Ilarber ; in the junior class of anatomy, to Henry Lamden and Joseph Fayrer ; midwifery, Henry Watts, Frederick Nichol!, and Thomas Flaherty; physiology, Joseph Fayrer; Medicine—P. Harper, Thomas M'Creal, and Henry Watts; Sur. gery—Nicholl, Harper, M'Creal, and Fayrer. Dr. Golding ad_ dressed the meeting en the unwearied diligence and excellent con duct of the students on the establishment ; they all appeared to know that, without study, they could not practice with success in after life. The Charing-cross Hospital had one distinguishing fea ture, which ought to recommend it to the notice of the philan thropist, namely, that young gentlemen of slender means, but of good character, and education snfficient to enable them to pass the rigid examination appointed by the hospital authorities, ;eight have their medical ctlucat;on gcztia, This ,vas ,Jarticularly applicable to the sons of clergymen, oihcers of the army and &c. Dr. Golding then awarded certificates of good behaviour to various of the students. Thanks were voted to the chairman, and the meeting separated—those visitors who choose being willingly conducted over the wargi of the hospital. IM' , 'ERIAL PA L AMEI4? T. HOUSE OF COMMONS, May 1. The SPEAKER took the Chair at the usual hour. NEW MEMBER. Mr. BA RIMY, who was introduced by Lord Hotham and Mr. Thomas Baring, took the oaths and his seat for the borough of Leominster, in the room of Mr. Greenaway. RAILWAYS. Dr. BOWRING presented a petition from Lord Chester field against the Sydenham Railway. Mr. 11. BERKELEY presented petitions against the Bir mingham and Gloucester Railway from the Berkeley Canal Navigation Company. Mr. FERRAN!) presented a petition from a Mr. Horne against the Leeds nd Think Railway. Mr. M. IIIILNES presented petitions against the London and York Railway. Mr. ORDE presented a petition praying to be heard by counsel against the West Cornwall Railway Bill COMPANIES CLAUSES CONSOLIDATION BILL, &c. Sir G. CLERK, in the absence of Lord Granville Somerset, moved that the amendments made by the Lords in the Com panies Clauses, the Railway Clauses Consolidation Bill, and the Lands Clauses Consolidation Bill, be agreed to. The motion was, after a question asked by Mr. Labouchere, and the reply, both of which were inaudible, agreed to. The LORD - ADVOCATE moved that the amendments made by the House of Lords in the Companies Clauses Conso lidation (Scotland) Bill, the Railway Clauses Consolidation (Scotland) Bill, and the Land Clauses Consolidation (Scot. land) Bill, be agreed to. Mr. LABOUCIIERE wished to call the attention of the House to one of the clauses in the second of those Bills, a clause which had been introduced covertly and surreptitiously, and in such a manner as to preclude this House from any dis cussion in the matter, and when he (ilr. Labouchere) put a question to the Noble Lord (Granville Somerset) upon the subject, his answer was of a twofold character. He said, first, that all the Scotch Members were agreed as to the propriety of . . the. clause He (Mr. Labouchere) - denied this. * There 1;119, he knew, a very great deal of difference of opinion among the Scotch Members upon the subject. The other part of the Noble Lord's answer was, that the clause was precisely similar to clauses in every railway Bill that had passed that House. He (Mr. Labouchere) asserted that this was as great an error as the other. The turnpike-roads in Scotland were not made in the same manner as in England. The manner in Scotland was to borrow the money required for its construc tion from a bank on the security of the tolls on that road. The proprietors on that road also gave a personal security for the repayment of the loan, and it was natural that they should do so, as such roads passing by or through their estates would benefit them. The object of the clause now introduced was to enact that, in the event of these tolls failing, the proprietors should not be held accountable as regarded their guarantee. The import of the clause was, that in every railway Bill, in case the railway company and the landed propietors do not agree as to the amount of compensation for the injury done to turnpike tolls, the absolute decision of what the sum of money should be shall be left to one individual, and that in dividual shall be the sheriff of the county. In many instances they were landed proprietors in the counties for which they were sheriffs, and consequently they would be biassed in their decision. His Scotch friends, no doubt, who represented the Lowlands thought it a hard thing that their property should be invaded by railroads, but the Members who represented the Highlands bad quite a different way of viewing the question : they were very much against the clause. They were by that means giving power to the sheriffs, without the possibility of appeal. He was sure that the house would not sanction this clause if they had an opportunity of considering it. The LORD ADVOCATE said that the Right Hon. Gen-. tleman laboured under a mistake. What he (the Lord Advocate) meant was, that when the clause passed none of the Scotch Members present objected to h. He had not had the opinions of all the Scotch Members en the matter. In most of the Scotch Railway Bills the principle of this clause had been recognised. The clause did not mention any sum as compensation ; the whole question was left to the sheriff. He could scarcely conceive a better ar`.•iter than the sheriff, as he as a lawyer, was an independent person, and had no local in terest. Air. FORBES said this clause had been approved of by most of the Scotch Members. Mr. RUTHERFORD said that the present clause was a very important one—one of the most important that could be intro.. (limed. He was not aware of the particular circumstances under which it was introduced, but it was unfortunate that a clause of such importance should be introduced without no tice, or without even being printed.—( Hear, hear.) A clause of such importance should not be introduced in that way.— ( Hear.) The Lord Advocate was right in saying that in some railway, Bills this principle of compensation had been adopted in Scotland, but not in all cases. In a great many cases, such as the Glasgow and Kilmarnock, the Ulasgom and Ayr, and the Glasgow and Edinburgh, that principle was not recognised. It was decreed by this clause that in every case where any injury was likely to arise to the turnpike-roads, that compensation should be made to the Road Commissioners, but by the clause which had been introduced into this Bill it appeared that when ever any alteration was to be made likely to involve any extraor dinary expenditure that the compensation was to be made by the Railroad Company, and if any dispute were to arise, that then the decision should be left to the sheriff, but the clause w..s so framed that there was litigation in every line of it. The sheriff was, probably, a very honourable man, but it was too much for a decision of this sort to be left to any single individual, and in the case of this road to Staines there was hardly any option left to the Cmnmissioners. And what was to be done with this money? It was not to be paid into the court of that officer, but some of his most impor tant functions were superseded, and he was appointed to a duty which vas quite foreign to his — office, and which he could not satisfactorily perform. A - • most important principle Ind been ihtrodneed into the Bill, and one, be it remembered, which Parliament now, for the first time, recognised—that whenever toll keepers' trusts were diminished they would have claim for compensation against the Railway Company. He likewise complained of the manner in which the clause had been introduced, although it was the most important in the whole Bill. Mr. CUMMING BRUCE said it seemed to him that the House was indulging in a most irregular discussion. It was now too late to eliscu,s the merits of the clause which had been sanctioned by both Houses of Parliament. With respect to the authority vested in the sheriff, it should be recollected that that officer had only to decide in cases of personal liability. Since this clause ►va; passed he had received numerous communi cation from Scotland espressing entire Concurrence in the clause. Mr. L ABOUC HERE asked the Lord A dvocatito engage on the part of the Government to introduce a short Bill either to repeal or amend this clause. If the Lord Advocate would not give such a promise, he (Mr. Labouehere) should feel it to be his dut3 to move that the Lords' amendments be taken into consideration. Mr. HUME said the surreptitious manner in which this clause had been introduced into the Bill had neither been ex plained by the. Lord Advocate, nor by the Honourable Member who had lately resumed his seat. If a clause so important as to give to the sheriff of the county the power of finding against any railway without appeal—if the principle was found to be good for Scotland, why not extend it to England also ?—( Hear.) But turnpike trusts were not the only companies affected by railways. Canals were as much in jured as turnpikes. He submitted, therefore, that this Bill ought to be withdrawn altogether and a new one brought in. They could not strike out the clause, and there remained therefore only the other course. Under these circumstances, he should move that these amendments be taken into consideration that day six months.—( Hear, hear.) Lord EBRINGTON had already unsuccessfully called the attention of the House to the hardships under which the trustees of the turnpike roads in England were labouring; but he was glad to perceive that the turupike roads in Scotland seemed to be better represented in her Majesty's Government than the turnpike roads of England. He thought that. this was far from a creditable case en the part of her Majesty's Govern.. ment after the treatment of the English creditors and trustees of turnpike roads. The English representatives would recol lect the facility with which this clause passed. Mr. CHRISTOPHER said that the question for the House to consider was, how they could have an uniform system esta blished throughout the whole country. Having passed through that and the other House of Parliament Bills for the consolidation of railways, if they introduced a separate system with , regard to the Scotch rail ways, he thought the greatest possible hardship would be felt by those who had turnpike-roads in England. If this Bill passed he hoped that her Majesty's Government would extend it to England.—( Hear, hear.) On the other hand, he should feel himself called upon to support the amendment of the Hon. Gentleman opposite. He maintained that an uniform system ought to be extended equally to all parts of the country, unless some special reason was shown to the contrary. Mr. H. DRUMMOND made some observations in opposi tion to the amendment, but they were totally inaudible in the gallery. Lord HOWICK said the case of England and the case of Scotland were precisely the same. The case of Scotland was this, as he understood:—The country gentlemen of Scotland had advanced their money on the security of the turnpike trusts. This was the case in the county with which he was particularly connected. The western line of road in North umberland was defective, and the gentlemen of the country were extremely anxious that it should be improved. Those conntry gentlemen did not give their guarantee for the money, but they d d the same thing—they lent their own, money upon the security of the turnpike trusts, and the tolls to be levied on the' improved road from Morpeth, through Wooller into Scotland. That money so advanced remained un paid, and two railways had been projected from New castle to Berwick, and one or other of these would certainly pass. In that case he doubted whether the tolls on the improved turnpike road would even pay the expense of collection. Those gentlemen had not petitioned the House fur a clause giving them compensation, and yet if they travelled a little way into Scotland, they would find that compensation was to be given there to persons simi larly situated to themselves. He trusted this would not be tolerated, and that this clause, which had been smuggled into the Bill, would not be allowed to pass. He thought that the fairer way would be, that the exemption cf mail coaches, both in England and Scotland, should be got rid of. Mr. EDWARD ELLICE conceived that this was an unfair clause to be introduced, for it was well known that though sheriffs, to whom decisions should be left, might not be actually resident in those counties respecting which they were to make their decisions, yet tl:ey might at the same time possess such interest in those counties as to make them very desirous that good communication should be made through those counties, when on the business of adjudicating a compensation to the road trustees they might be placed in the position of deciding in their own case. He did not at the present time allude to the Sheriff of Middlesex, but he thought that the case was such as demanded the immediate attention of the House. The clause had been jobbed into the Bill, and the only way was to threw the Bill out to-night, and introduce another Bill without the clause to-morrow. No obstruction would be offered to the passage of the Bill through the House, and it might be passed so speedily as to save all public inemvenience. Me. AGLIONBY could not refrain from expressing his sur prise that none of her Majesty's Government had risen to ex press their opinions on this Bill. If it had been a private Bill, he should not have bee.) surprised, because he knew it was the custom for the Government to express no opinion; but as this was their own Bill, and the House might have received advantage from knowing the opinions of the Government, he thought it was a great omission of duty that none of them hadfrisen. The plan proposed was, that the present Bill be laid aside and a new Bill brought in by the Government, but to this be toad great objections. A principle had been introduced into this Bill of a very important nature, and he could see no reason why the same principle should nut be introduced into the English and Scotch railway Bills. Mr. PRI?s GLE said the Hon. Gentlemen opposite seemed to have misunderstood the whole case; and as for the observation of the Hon. Gentleman opposite (Mr. Aglionby) that this principle ought to be introduced into English and Irish railway Bills it was altogether erroneous, for the roads in Scotland were formed on a totally different principle from what they were in this country or in Ireland. In Scotland the public roads must be kept in repair out of the tolls. The LORD ADVOCATE said that when he introduced the clause he did not think there was any objection to;it, and no person olnected to it. when it was proposed to the Com mittee. He did not desire that the clause should pass without discussion—( Hear)—and as the House was of opinion that it ought to be discussed, he would not press the clause. (Hear, hear.) He thought the best course he could then pursue would be to re-introti:4ee the Bill, with the Lords' amendments, and leave the clause now under discussion for future consideration. Ile amendment was then put and carried without a division, and leave was given to introduce the Bid without the clause. Sir G. CLERK said that, in the absence of a N oble Friend, lie had to move the notice which stood on the paper in name, namely—" That every Committee on a railway rovi Ml shall, with their report on - the Bill, state wheth er the p sions of the Companies Clauses Consolidation Bill , the Railway Clauses Consolidation Bill, and the Lands Clauses Consolidation Bill, have been complied with ; and, if they shall not have been complied with, state in what rerpects they hav e not , Chat complied with, and the reasons for such non-compliante to . the Committee on every Bill, other than a Railway Bill, which the provisions of the Companies Clawes Consolidation Bill, or the Lands Clauses Consolidation Bill, are appicabl!, shall report to the House any non-compliance with such provin• i sions, and shall state their reasons for permitting s uch nee-catii, pliance." The clauses in those Bills had been passe d by the- House after mature consideration, and he should pr e° adoption of the standing order. Sir G. GREY objected to the motion, and expressed a hop e that the standing order would not - be pressed. Mr. HAWES thought that there would be considerabalt le dif ficy arisingNE supported from the adoption of these clauses. Mr.GREE the adoption of the claufes, as 00' would a tendenc to prevent litigation. there Mr. would PARKERbe eno c y e o n n d c e o i pd e t d h e t h laboursat, as m a o t f t e t r h s e stood co m mat tTesse he would instance those of the London and York Compaq' ,_ Ol O Sir G. CLERK agreed that it would be useful if care s i n be taken in future that all Railway Bills should state distinctly all the deviations proposed. The motion was then withdrawn. WELSH RAILWAYS. Mr. SPOONER brought up the report of the no i lY t h o e i aa in and other Welsh railwa3s from the Committees appointee vestigate the proofs of the preamble. VAUXHALL: WATERWORKS. Va l e Mr. GREENE b:ought up the report on the Vau con , Waterworks Bill, which bad been referred back to the i n the mittee of Standing Orders. He stated that the omission d that Bill was merely one of accident ; and he, therefore, IF?" if the Bill should be placed precisely in the same Conditiont. the standing orders had been complied with in the firs stance. DIRECT NORTHERN RAILWAY. the Mr. EDWARD ELLICE brought up the report 00 Direct Northern Railway from the Select Committee. taken Sir THOMAS ESMONDE moved that the ev idence before the Committee on the Wexford Harbour Bill (Sessibooti 1543) be referred to the Committee on the Castle. (Wexford) Docks Bill—Agreed to. our of An Hose MEMBER presented eight petitions in tare the Lincoln and Cambridge Railway Bill. of s e the Sir C. LEMON presented two petitions in fa vour Cornwall Railway Bill. RECAL OF LORD ELLENBOROU GH., Mr. ELLICE said he had been requested by t il , jo t. Member for Montrose to postpone his motion to the 19 6 0 — us s of It was for copies of the correspondence between the f Geo .. Directors of the East India Company and the Board of trol, respecting the recal of Lord Ellenborough, the r e l o ort General of India ; anda copy of the minute of — Directors recalling him. GOVERNMENT OF NEW ZEALAND. ego Mr. CHARLES BULLER said, in answer to q ue stion from Mr. Hope, that as he understood that the V oi der involved in the motion of which he had given e ntice ' l, a,a_ sa , his the consideration of the Government, he would withdraw motion. SCOTCH BANKG. Mr. FOX MAULE wished to know w h e n the sectl aod ing of the Scotch and Irish Banks Bill would be taken ' sa id be The CHANCELLOR of the EXCHEQUER should give an answer on the morrow. Scr tteh Mr. FOX MAULE said the second reading of °e the t W bought Poor-law Bill was fixed for the first Wednesday. shit' it would be better to postpone its consideration till after Sunday. tt . e t" The LORD-ADVOCATE was understood to 3.0 0 postponement. CH IN ADMISSION TO THE UNIVERSITY Cie-- SCOTLAND. rodtl eti°ll Mr. RUTHERFORD, in rising to move the io .ti t ier e esirs he of a Bill to regulate the admission to the lay or se' tit she the Universities of Scotland said, that in order to p ut this House into possession of his intentions in bringing f°r the measure, he should shortly call their attention to.iosetarss Acts passed in 1709 and 1770 upon this subject. BY:iiipg SOY it was enacted that no party should be capab le of l be oath e office in the Universities without having first tahe n he of allegiance and acknowledging and subscribing " t a f o rage" sion of Faith," and, moreover, that they should sig n ;y submitting themselves to the discipline of the Presbyte.tio, that Act had never been enforc 'd in all the Univer.6Ttertities never universally enforced in any. In some of the Ur 0 , to th . e , was enforced only in respect to the professors, 30 " 0 ,,,,,bicb office bearers. In the University of Edinburgh, ov a tha ti perhaps not the oldest, although certainly the larg e :, tavy he which had produced the most distinguished men, the 1a l it l long been in abeyance, and it had never been eor t n o $ against any lay professor. He now proposed to hr i l d n get her for the purpose of declaring that hereafter it shotii ,3oeoo fesP e e n d cessary for any lay or secular professor to siT 3 uoto ch b or the formula. In that proposition he would ettee e _ ee ethic the theological chairs, and apply the Act on He t h° theog ht were devoted to literature and science. e~ • whilst it was necessary that those ouths who were browioll a 11 : 1 were for the Established Church should be iustrocte e „ w ho „ according to the rules of that Church, by tiestea che no bound to those rules, it was not necessary that es .. o ho te n. strictions should be applied to those other teseo;ol, ejects nothing to do with divinity. He should, if! o ft ; bat be a° stances, have thought it his duty to bring t o tb whet , gas , felt it the more imperative to do so ir rem the a many of his countrymen had secede d e e i eete.- --( `' n ea s tere tablished Church, and held it in "'" clearlyof The Hon. Member, whom we "did not spray s rofeas ers stand, referred to some recent declaration of the P e e ecer the University of Edinburgh, 'signed by all, with e ac ce) ; tine, to the e ff ect that the restrictions ought to he `. -n „fosor; with. In the University of Aberdeen a majority of P r " in all the colleges except (we believe) Mareschal Collega ae• come to the same decision. In Glasgow a majority l i ja v et' dared themselves in the same way. He asked thetnilif the mission to introduce this Bill, leaving, as he had sa le ' 105/ 5 ecclesiastical professorships as they were. He asked thie se e A in the name of a very large portion of his countryloenhe ee' large portion of the teachers in the universities• nte to treated the attention of the Right Hon. Baronet o?Pujoicei• this matter, which was at this moment of critical ioteoo He very well recollected that, in the course of th e disc et the last year, the Right Honourable Barone.tionaeseble head of the Government, and the other Right n k e Gentleman beside him (Sir George Clerk), are:press; occurrence which had then recently taken placer ee ther e I LA their confidence that a re-action Was at hand. Bat woo . ; been no re-action, and he stood there to say that thonelosieel separated from the Established Church were wore °T hor bav i i than ever to establish themselves.—( Hear, hea r ' ) Scale shown a desermination which no one who hoe w ire ay t ee would expect to subdue.—(Cheers.) They had ea a cesta lt e e churches—( Hear, hear)—and he would state one el:10 0 4 , t of singular importance. It was known that those wouweetthiti to the Episcopal party in Scotland were a mongst the,iee op bad land-owners, and they had long been desirous of get! . j o y Episcopal college. But in the course of several yea r ' 1 8,0 0 °'. been able to collect for that purpose n• more son by tb"' Let the House contrast that with what had been d0e.....04e52 who had separated from the Established of t h a t he r 7 g hear.) It was proposed by some of the principals ba rd ti t .' 0 . to found a college. But they thought it would be a f ba ildlee s , to draw for that purpose upon the general fon d le o r gy. ; / 0 2. churches and manses, and for the payment of the e " r ib s I,f et asked, were there not enough amongst them tosubsecribee froto each? and in less than three weeks 20,0001. was au.bt'teey were twenty individuals, and if they had requiredet TOY - the have obtained any further sum.—(Hear, hear' ) peee fa se . not going to establish a university, but only a co IF the p b , education of those intended for the Church. 13ut rsities, t es_ sent restrictions were to be kept up in the univeeeeeme ices would cause the whole education of Scotland to u' ae teers t oe tarian.—'(Hear, hear.) The schools and the gees .) d to would be drained of all the Dissenting yo ( c; 11, $" entreated the Right Hon. Baronet to consid e Lii: th e u s ish take counsel, that if he did not accept this PI et flo e e t ) verities would be injured and the new college wo t a here I , ) s e? on their ruins.—( Hear.) What objection could p rae" t he give legal effect to what had long been the univert'aelleges ea How was the law actually enforced? In severa.de eo t sig e e a rector, and in most a number of the professoss ee l3 se titer s t: it the tests. Of all these 13 were Presbyterian 1 );;" e eurs' t he 27 belonged to the Episcopalian persuasion• u' pee t of t o would not be supposed that he did not speak withe respect 00 persons who belonged to the Established Cu e t 11 0 01 country—(Hear, hear)—but he would say teat direst who knew the history of Scotland trt gst egseas eta that these restrictions were directed from toe d e 13P7. 0 0s episcopaey.—( Hear, hear. ) Yet the Right ?; tk e e ee opposite had been installed as rectors without sign' s ?) be fession or the formula.—( Hear, hear, and a laile„ . jetiol ig 'iart therefore, he asked the House to rescind those f.lt. es ;jett 0e d it did not ask them to do any thing new, but to m ea , l o th ta d which was already the practice. The law wags ti was lamentable to have a country under the wore of of #ar, 17 th law. As a 3 instance, he would point out the Soetereeere Brewster, a name not requiring the addition Of k i p ie. Ltef had distinguished the College of St. Andrews ten orn a te than the College could have distinguished Wm.) rt . ' tb.ll to having joined the party who had left the Choror ete tn - te ds schism, the other professors basing found this Ste:w:o enforce the law against him. They were u, e g le o ste, miserably disappointed, for the law was found war l ' i e oPP hies very plain machinery. The Right Hon. Gentleate7gtve c b the Secretary for the Home Department, woof Free 'C h ee r for saying that the members of the tbeir Set could not rely very much upon the generosity of proolocb, nents. There was a man who held a high and be CDtlf oat situation in that grand movement which separated t t he ! le and of all men concerned in that great event he i vi seett sge s ee moderate in counsel, and the.most temperate told "wr e e on o , never uttered a word, or did a deed, that wa g - ire etch to any individual. He held the theological chat o r ar d, y burgh, and also the secretaryship of the private h k it r ich he might have kept ; that gentleman did not thin et , nary to tender his resisnation of that appointsliet; ebribt however was taken from him. He would c all the Moe tive and harsh use of authority, and he would te e ' is reatl e h ir Hon. Gentleman opposite, that that one act of ie u d the en . conciliation more impossible than any act recor e l ier eafte u r t he tor) of such transactions. These laws mat' e h eees not e t ' e a teste forced in the same way as they do exist. He tof WOO' should enter into a discussion then about the proprie k e et s ee in such cases ;he did not know whether the e Wi de , Baronet wished to impose them with referent a t, h et %of cular chairs. In his view, it would be consist!fipite and struetive to their character. They would do la e {elte to these establishments, if they - were now to Or e ' he loar, and limit the choice of the teachers, whbeesges the to the Free Church, and were instructing their e at to try A ., e , implicit confidence imposed in them. If they W ee e enow, lem e e te question he would ask what connexion had iraroel te ewlel - la great proficiency, and the power to impart that he ar. isr e others, to do with their religious opinions ?--(t leer s 'e of a ola England the matter was different, where all form Ps d c usel sa , family, as it were, in which religious discipline An be ad ; ,,bt instruction go hand-in-hated with science. It IV la y li s e ta , tageous in the Universities in England ; it rtle cith th e sties , that professors should be persons in conneeion i,eieer blishment but how different was it in the Scotca.u...`: that do' where there was nothing like that domestic habll e w sc ieo li ir y mestie discipline, where the pupils went to hea ding to the the Act lectures and then returned home again. Accortititt.:ltil tory of the country the statute was incensisten o ,r d i s selit s et of Union, which first introduced the principles .111 was br.enunisio Act which was regarded last session, when a 14 the el ittli That in called Lord Aberdeen's Act. It was against chats ,. ait law of Lords Cottenham, Campbell, and BrO l g d i a rega r o ty appeal was disregarded, and he hoped they w e ' re large P be en equally now. Was it no grievance that a we're la avt ia th° and the majority of the country were preclu e rofesa ere - tha t obtaining academical honours as teachers or p indin ity!, be Colleges? Was it no grievance, was it to ede, shoot u ree d those who had devoted their whole life to st they as fair prevented from teaching anything because Now o . es a toe ss with certain tenets in religious matters'? : • opportunity to interfere—.or never w as disstnt would e o s s i c e b l o t w a i b s l e i e b n e e d involving ureh in no exclusion n a now—or nre than thhaelsis thos eop le ; ay of th e f t were within that Church, and the great masor - o f th it , of Scotland. Ho would now ask f or the re of reriallog and for lest' to bring in mill for the Wig" Mr. Bow corroborated the evidence of the previous witnesses. Sir T. PHILLIPS then proceeded to examine witnesses on behalf of the Edinburgh, Glasgow (Branch to Ailoa) Railway. Mr. Paton, a merchant, gave evidc..ce generally as to the in creasing trade in woollen manufactures and coals in the district of Alloa. At the close of the examination of this witness, the Committee adjourned till twelve to.morrow. LAW INTELLIGENCE. COURT OF EXCHEQUER, May 1. TRIAL AT BAR.—THE GREAT DISTILLERY CASE. THE ATTORNEY-GENERAL V. SMITH , (Continued from our Afternoon Edition of yesterday.) The SOLICITOR-GENERAL proceeded to reply. He said that in addressing the observations which he should have to make on the whole of the case, lie trusted it would not be necessary for him to make any very great demand upon the time of the jury. But the length to which the inquiry had been protracted—the very im. portant interests involved in the issue—the complicated and various facts produced—and Use many topics scattered throughout his Learned Friend's (Mr. Kelly's) elaborate and able address—would, he feared, render it almost impracticable for him to bring what he had to say into a very narrow space. Still he felt his labour lightened and his task encouraged by the assurance that the jury had paid the most unremitting attention to the case from beginning to end, and that they were familiar with all its details. He was confident that they would administer the law, as it was laid down to them, fairly and impartially, and that, in so important a case, to which public attention had been so much directed, they would not be in the smallest degree swayed by any prejudices introduced by one side or the other—that they would look steadily to their duty without regard to the result. Before he proceeded to remark upon the evidence in the case, he must say a few words as to some parts of his Learned Friend's speech. His Learned Friend had complained of the proceedings adopted against Messrs. Smith, attributed them to the jealousy of rival traders and the anxiety of hungry and in terested officers. He (the Solicitor-General) denied that the jealousy of rival traders could influence the authorities at the head of the Excise department in the discharge of their duties, or that they would be too ready to listen to any groundless or interested charges brought by interested subordinates. What animosity could the Commissioners have against the Messrs Smith? What in terest could they have in putting a stop to a trade such as that of those gentlemen, yielding to the revenue a vast return ? It was evident that they would not proceed to the measures which had at length been forced upon them, if they were not compelled to do so by an imperative sense of duty. For himself, he (the Solicitor- General) had already declared his willingness to take upon himself his share of the responsibility of these proceedings ; and he trusted that having only done his duty he would be able to survive the loss of his Learned Friend's favour and good-will. His Learned Friend had accused him of the revival of an obsolete penal Act, wherein bis conduct was as oppressive as if he revived the penal laws against witches, and some obsolete penal laws of Scotland. He was surprised at such an observation from so learned and acute a lawyer as his Learned Friend. They were dealing with a statute passed only twenty years ago, which governed at this day the process in every distillery through out the kingdom, and with every part'cular provision of which every distiller in the kingdom was required to be familiar—so much so, that one of the witnesses for the defence (Mr. Goldie) said that he had every word of the Act by heart. Was that rightly described as an obsolete Act, to proceed upon which was a hard. ship and oppression. His Lcarned Friend had also complained hat matters not relevant to the issue bad been introduced, to prejudice the case. He (the Solicitor. General) answered that all those matters were introduced advisedly, to show what had been the conduct both of the defendant and of the officer, and he was sure that the jury were satisfied that the justice of the case was promoted by that course. The Learned Solicitor then proceeded to defend the officers of Excise from the charge of ill.will to the defendant, or of being actuated by the desire of spoil. They had not, as Mr. Kelly had stated, such a vested interest in the penalty as rendered them unworthy of credit, for it was entirety at the dis cretion of the Commissioners whether the officers should participate in the amount of the penalty, and in what propor.ion. Another czmplaint was, that no discarded servant of the defendant had been brought forward to confirm the statements of the officers. Now, he would put it to the jury to consider what would be said of the Crown if that had been done? For his part, he would never stoop to such a coarse. Looking back to Cie whole length of the proceedings, he felt no difficulty to grapple with but hie—that the breaker of the law, guilty of frauds to a very great extent, was liable to penalties of a large and even startling amount, and that, although the jury were of opinion that the fact had been satisfactorily proved, they might shrink from the performance of their duty by not giving the verdict which the law demanded at their hands. That was the only momentary appre hension been , ertained. But it was only momentary ; because he did not believe that twelve gentlemen, of the station, character, and intelligence of those in the jury box, would shrink from the performance of their duty, thrcugh any such, or • any other considerations. He then called their attention to the state of the law under which this issue was tried. Previous to 1817 there was nothing in the law to prevent the two processes being carried on upon this same premises, or even within the same wa!ls. In that year an Act was passed requiring that the two processes sLould be carried on in separate buildings, and that these should have no direct communication with each other, the sp!rit to be carried from the one to the other by no othcr way than a public street or road. That law was not found to be sufficient to preren' fraud, and in 1 S'2s, only eight years atter, a new Act was passed—that WI was now in force, and under which they were now proceeding —which required that no distillery should be nearer than a quarter of a mile to any rectifying house, exempting from that provision a] distilleries that had been erected previously to 1: 4 17, but requirinl that there shouldbe between the two (the distilling and rectifying, premises, no commuLlcation by which spirits could be transmitted, Under the plain construction of this last Act, it was impossible that the Excise authorities could have knowingly permitted Messrs. Smith to maintain such a communication as had been proved. In fact it was proved that they knew nothing about it, for it was not mentioned in the description of the premises upon which the licences of Messrs- Smith were granted under the law of 1825. If it had been described, it would have been the duty of the Corn missioners to refuse the licence until this communication was re moved. The officers who were examined in the case had sworn positively that, in the many years during which they had been employed upon the premises, they never dreamed of its existence; and the only evidence to show that it had ever been known to the Excise was that of alleged conyersation with Mr. Carr, and others, who were all dead. Finally, he thought there was proof that the pipe could be uscd for spirits, and there was every presumption that it was so. He then went minutely over the technical and chemical evidence relating to the discrepancies in the charges at different times, the disputes between Mr. George Smith and the surveyors, and all the perplexed particularities of the watched and unwatched periods. He next proceeded to the charge respecting the hole in the top of the receiver, and examining the evidence on that point minutely, he contended that the proof was clear that the plug could not have been in the hole for the length of time that had been pretended. Mr. G. Smith said, when it was first pointed out to him by the officer, that the hole explained an anagram's letter he had received respecting the pil fering of spirits by his men. Was nct that an admission that spirits could be extracted by the hole, and did it not imply that Mr. Smith was before ignorant that the hole existed? Was that ignorance consistent with the defence set up ? It was sworn that the plug had remained in the hole since the receiver was made. But Mr. Young, their own witness, in his cross-exa- urination, admitted that he was mistaken in his first op nion, and that, upon again examining the plug, he was convinced that it could not have had its under surface so long exposed to the action of the spirit and retain so smooth and fresh an appearance. That was conclusive. But why had not Mr. George Smith's familiar, Gill, who managed all his business, been p,,t into the box ? As he was the person who could upon his oath inform the Court and the jury what really did go on in the distillery, both in respect to the pipe and to the holes. He left it to the jury to infer why Gill had been kept back. On the subject of the dipping, it was to be remembered that the difference of four-tenths in the drip would make a difference of fire hundred pounds of duty in a week. But up to November, 1843, the defendant had had the advantage of that difference. What had become of the excess of spirits in the meantime ? There was never found any excess of spirits in the stock. But at length the means were discovered by which the spirits could be carried away without the observation of the Excise. 'the language of Mr. James Smith to Cameron and Drinkwater, when they discovered the transmission of water from the distil lery to the rectifying-house, clearly showed that they were conscious that the communication was illegal, and that it was improperly used. He commented to the same effect upon the language of Mr. George Smith, contending that it showed the con. sciousness of not having a fair case. If, after the evidence the jury had heard, they were of opinion that this pipe was only used innocently, and for the purpose of the transmission of water, they would give the defendant the benefit of that opinion. But he u Guld call their attention to the Act of Parliament, which required every distiller to enter a description at the Excise of every pipe, and every utensil used in connexion with such pipe, and of every place to or from which such pipe should lead..—(He then read the description entered by Mr. G. Smith in 1840, which mentioned such branches of this pipe as supplied the stables, granaries, and dwelling house, but omitted all mention of the branch leading to the rectifying-house.) With respect to the supply of water from cne house to the other by means of the trough at the top of the roof, he felt bound to say that he considered it a very great irregularity, and much to be regretted that the Excise had allowed it to be continued after the passing of the last Act, of which it was a palpable infraction, although it had existed for many years lawfully be fore that Act of Parliament was passed. It was a great oversight to allow the trough to remain without being de scribed in any of the entries. There was direct evidence that wash, which was as valuable to the rectifier as spirits, could be conveyed at once by those pipes without any preparation. With all the facts of the case before them, they need attend little to the philosophical speculations of Dr. Ure. It was also immaterial what Mr. James Smith, who was so deeply involved in the case, might say as to spirits never having been transmitted. He (the Solicitor-General) did not know what re servation Mr. J. Smith might have. It might be that wash only, which was equally fraudulent, had been transmitted. But it had been completely proved that a communication between the two premises was maintained, exactly such as the law had forbidden. The jury would recollect that the suspi. cions of the officers were first roused by ascertaining that a greater quantity of spirits were produced than were accounted for, and that there must be some secret means of getting rid of the excess, which led them to the examination that ended in the discovery of the pipe. They would also recollect that in this case, on which so much depended, not one of the persons in the employment of Mr. Smith, who could tell anything about the proceedings in the distillery, had been called—not i jury n h o i e n t v ot o e s ft t b t i h e g e a d t e c i ue even Gill, whose evidence might be all.sufficient. He was Sure the jury would agree with him that this was a case, which, h owever ser i ous t h e conseque nces might be, rq t on r er eißd b i n t yh t a h i nr a y t h ca on C na o ss u i, d r ie t n . r a t pi H eo rn f h e f eo a c g t t a i c n eo cn a ofi p nd p s e e e n a g c l u e ee d nthc t ea o t ju r s f t the m res ti u m lt fi o r f m t h a e n i r d e i n m g p t r l e t n i a e d a i n s c d h m a r o g s e t o a f n t x h i i u r s d iuntgyu r y . ‘N w " i o t h u t d h e b s e e remarks satisfactory Lo C oR to the public. , jury, yielded hi s own inc The I li O n N Al h o a n t vi t n o g theirs , co ns u and lked adjournedthe h o e f ca t s h e e , at twenty minutes bait five, to • en o , elock to-morrow morning. Dispatches for the Governor of the West India Colo nies were sent off yesterday front the Colonial-ofhee. A 1