The Sun. — London, England, 1851-02-19 00:00:00

COURT OF ALDERMEN. Yesterday a Court was held for the purpose of " re oe.f-ring the return of the election for an Alderman for the ward of Walbrook, in the room of Mr. Michael Gibbs, resigned," and upon other business. TSB SLOANES, conveyed from place to place at the busiest hours f the day might be prevented.—(Saar, hear.) It was im possible to conceive, without witnessing the state of the streets between one and three o'clock, how great was the impediment caused by a string of Coal or beer wag gons in the Poultry and Cheapside, and how greatly that impediment was aggravated by the obstinate and uncivil behaviour of the drivers. The extraordinary exertions of the police had brought the omnibuses and cabs within management, so that there was seldom any delay or loitering except what was inevitably caused by the stupendous nuisances he alluded to. He considered the Court were bound, especially as such enormous ad ditions were expected to the population, to endeavour to mitigate au evil which might soon become altogether in tolerable. Alderman WILSON requested to be informed why Mr. and Mrs. Sloane were exempted from the general treat ment of prisoners convicted and sentenced to be im prisoned? It was, he understood, the established cus tom to remove from Newgate all convicts under sen tence; and why there should be a deviation from that practice in the Fasts of the two persons he had named, and who were, it appeared, still in Newgate, he could not conjecture. Mx. Alderman and Sheriff CARDEN said that, as the sentence upon the &nines was- imprisonment f or t wo years without hard labour, they were, in conformity with estabiis'hed usage, detained in the gaol of Newgate as then ational prison.—(Hear, h e ar.) If th e sentence had inoMed hard labour, the removal to another place of punishment would of course have taken place.—(Hear.) Alderman SIDNEY said thalt he and Alderman Cope land, as visiting magistrates of the prison, had made the necessary inquiries into the subject, and found that it had been the invariable practice to make persons sentenced to imprisonment without hard labour to undergo their sentence in Newgate. Mr. Sloane was, by his own choice, in solitary confinement in one of the cells, and Mrs. Sloane was under the care of the medical officer of the prison, and was not yet in a condition to be placed with the other female prisoners. The Court might rely upon the strict observance of the judgment of the rearmed authority before whom the prisoners h,ad been toed.—(Near, hear.) Alderman LAWRENCE said the public might be led into a mistake by the mention of "solitary confinement in a cell at Newgate," and he wished to prevent any misapprehension on the matter. The fact was that even the condemned cell, as one of the rooms in •Newgate was called, was one of the best rooms in the whole prison; that Mr. Sloane wished to be separated from the other prisoners, and that his being alone was not at all a part of the dkcipline of the goal.—(Hear, hear.) TSB APPROACHING GRAND EXHIBITION. Alderman HOOPER said, there were regulations by which brewers' drays were prevented from laying down their beer after certain hours in the morning, but there was no rule by which drays and waggons could be pre vented from passing through the City. Alderman WILSON said, that nothing could exceed the exertions of the police as regarded the removal of obstructions, and their exertions wero answered fully by the rigorous infliction of penalties from the Bench. He approved of the notice taken of the great increasing evil by Alderman Kelly, and was of opinion that the City authorities had a great deal to apprehend from the bullock nuisance," and Smithfield would, no doubt, be exhibited in all its glory on the market days during the Exhibition. If ever there exist e d a n argument aga i nst that most abominable nuisance, calculated to weigh with the public with peculiar force, that argument was to be found in the vast increase of traffic and population. Alderman SIDNEY said he agreed with Alderman Wilson in everything he uttered, except the language condemnatory of Smithfield-market. He admitted that the present market was not sufficiently large to suit the size of the present Corporation, but the neighbouring site for which the population were going to Parliament was admirably adapted to the great purposes of a metropo litan market.—(Hear, bear.) He warmly advocated the project, the model of which had excited so much curiosity and admiration, and said it had been over and over again proved that there was no place so completely adapted to its object as the immediate neighbourhood of the present market, which was actually the means of existence to from 10,000 to 20,000 individuals.—(Hear.) He hoped the Court would refer the subject of Alderman Kelly's observations to a committee, at the same time he condemned the manner in which Alderman Wilson had lugged the reproach upon Smithfield into the dis cussion; but he believed that Alderman Wilson was the only man in court who entertained the opinions just ex pressed. The LORD MAYOR. informed the Court that he had received the following letter from the secretary to the Commission of 1851 Exhibition:— "Palace of Westminster, Feb. 11. "My Lord Mayor,—l am directed by her Majesty's Commissioners for the Exhibition of 1851 to transmit to your Lordship herewith, for the information of the Hon. Court of Aldermen of the city of London, a copy of a memorandum which has been laid before them by the Prussian Minister at this Court, on the subject of the measures which it may be desirable to take, on the occa sion of the Exhibition, for regalating the admission of foreigners to such establishments as require a written perneission on the part of the respective authorities, and which permission is usually granted only upon diplomatic recommendation. " Her Majesty's Commissioners are aware that the course suggested in this memorandum involves a depar ture from the regulations which it has been usual to follow on ordinary occasions ; but having in view the entirely exceptional character of the circumstances under which large numbers of foreigners are likely to visit England in the course of this year, when the probable shortness of their stay will preclude their availing themselves of the ordinary method of obtaining admit tance to the great public establishments of this country; apd bearing in mind the facilities which our own coun trymen invariably meet with in foreign countries in pro curing access to all national establishments, the Com missioners feel themselves warranted in submitting the proposals embraced in Chevalier Bunsen's memoran dum to the favourable consideration of the Court of Aldermen. " I am, therefore, directed to request that her Ma jesty's Commissioners may be informed whether your Lordship and the Hon. Court will be prepared to give your approval to the proposition in question, so far as relate; to the granting admission to the gaol of New gate; and in that case under what conditions and regu lations. " I have the honour to be, my Lord Mayor, your Lord ship's very obedient servant, " EDGAR A. BOWF.ING, Acting Secretary. " To the Right Hon. the Lord Mayor.' The memorandum, which was to the effect stated in the letter, was, together with the letter, upon the motion of the Lorin MAYOR, immediately referred to the Com mittee of General Purposes. ATTENDAN€E OF THE ALDERMEN IN THE CENTRAL CRI MINAL COURT. Sir P. LAUB= moved, without making any observa tions upon the sebject— " That it be referred to a committee of the whole Court to consider and report whether any and what re gulations sire necessary to secure a more punctual at tendaleoe of the members of the Court of Aldermen as commissioners during the sessions of the Central Crimi nal Court; and to consider and report as to the neces sary of continuing to hold four adjourned Quarter Ses sions at Guildhall." Sir PETER LAURIE said, in answer to a question from one of his brother Aldermen, that he had no doubt of the speedy production of a report which would give public satisfaction.--(H e a r , hear.) The RECORDER stetcd that upon the late occasion alluded to relative to the delay of business in the Central Criminal Court, he had meotsoned in explanation to the jury that the presence of two commissioners was neces sary to constitute a court; that he had made no c , m lila:set. His colleagues ou the bench were, he believed, at the tim e o f t h e emergency occupied with the business of the other courts.—(Hear, hear.) SWEARING IN OF ALDERMAN WIRE. The Sword Bearer having announced to the Lord Mayor that Mr. David Williams Wire was ready to be sworn in as Alderman of Walbrook ward, Mr. ASHLEY (ef the Lord Mayor's Court) read the return of the late election, and Mr. Wire entered the enure accompanied by Baron Itothschild, M.P.; Sir Moses Montefiore, Mr. Travers, Mr. Deputy Watkins, and sevtral others of the most respectable inhabitants of the ward. Mr. Deputy WATKINS said—ln presenting to be sworn in as a member of your Hon. Court Mr. David Williams Wire, who has been unanimously elected al derman of the ward of Walbrook, allow ma to say a few introductory words. Mr. Wire has been a resident in the whist . which has thus proved its capability of making a fair estimate of his worth during a period of 32 years, and he has uniformly maintained a high reputation for professional integrity and hoxiour.—(Cheers.) Seventeen times has he been elected as a representative of the ward in the Court .of Common Council, and always unani mously. Whether at home, serving the interests of his fellow-citizens, or abroad, attending to the claims of humaDity and Me cell of persecuted strangers—(Cheers) —of the talents of the Hon. Alderman the members of , this Court have had innumerable opportunities of judg ing; and the constituency by whose united voice he hat. been chosen confidently believe thet his conduct will re flect no ordinary credit upon their election. He enters your court distinguished by mature experience and knowledge cf the value of your corporate privileges, and will show you that he is highly qualified to exercise the magisterial functions with which you•are now called upon to invest him. In the important relations of life which are involved in the characters of husband, father, and fiend, he is no less deserving of praise than in those strong public attributes by which he is so generally known, end on account of which be is recofrnised as a most useful and worthy member of sccietec cets.) Mr. TRAVERS sa id—l had the honour of sonding the nomination of my friend Mr. Wire at the recent election. I have known him f ar many years, and lam coneinced that he will do credit to the choice of the in habitants of the ward by his conduct as their Alderman. Mr. Alderman WIRE was then introduced formally to all the members and principal officers of the Court, and having received their congratulations. t oo k hi s sear. , The LORD MAYOR announced that the Bishop of Ossford would preach the Spital Sermon on Easter Monday, and that the Rev. Dr. Vivian, chaplain to the chief magistrate, would preach the Spital Sermon on Easter Tuesday. EMPENSER OF CONVICTED PRISONERS. Alderman CHALLIS brought up the following report:— In obedience to an order of the Court of the 11th day of December last, to consider is relation to the ex penses of convicted prisoners and of prosecutions, and to do therein as we should see fit, we whose names are hereunto subscribed, your special ccmmittee, do certify that the Remembrancer having, under your directions, applied to the Chancellor of the Exchequer for a con ference upon the subject, the same took piece upon the 31st of January lest, when your committee urged upon his attention the propriety of the corporation being re imbursed the amount of expenditure incurred by them in this respect, in like manner as other parts of the king dom, when the Chancellor of the Exchequer stated he would take the subject into consideration, consult with Sir Georke Grey thereon, and communicate the result of the same to your special committee ; which answer as yet has not been received. " T. CHALLIS, F. G. MOON, SAMUEL WILSON, T. Q. FINNIS." W. LAWR ENCE , Sir J. u4RE said he had the satisfaction to communi cate to the Court that he had on Monday night been in convention with the Chancellor of the Exchequer upon the subjects of the very rational claim of the cor poration, cad that he had every reason to believe from what rendered.— ( trepspir edCheers.) that a fall m easure o f j ustice would be Alderman HOOPER--It is but justice .to Alderman Sidney to state that the eitizees of London are likely to be saved by his exertions in this matter to the extent of s,oool.—(Hearty cheers.) ADDITIONAL CONSTAHLRB FOR a 1851. The LORD Maron called the attention of the Court to the necessity which would in all probability exist for the appointment of additional policemen, as prepare- Lion for the security of the public peace and order, which he and his brethren, as magistrates, Were hound to do all they could to maintain on the approaching great public occasion. Upon the motion of his LORDSHIP, the question wa s referred to a committee of the whole Court, with power to confer with Mr. Daniel Whittle Harvey, the Cora missioner of the City Police - Alderman THOMPSON—Excuse me. There are others here of his opinion about the nuisance of which he so properly speaks. Alderman WILLIAM HUNTER and other Aldermen ap proved strongly of Alderman Kelly's suggestion, and the question was finally referred to a committee.—Adjourned. ECCLESIASTICAL TITLES ASSUMP TION BILL. A BILL TO PREVENT THE ASSUMPTION OF CERTAIN ECCLESIASTICAL TITLES IN RESPECT OF PLACES IN THE UNITED KINGDOM. [Note.—The words printed in Italics are proposed to be in serted in Committee.] Whereas by the Act of the 10th year of King George the Fourth, chap. 7, after reciting that the Pro testant Episcopal Church of England and Ire land, and the doctrine, discipline, and govern ment thereof, and likewise the Protestant Presbyterian Church of Scotland, and the, doctrine, discipline, and government thereof, were by the respective Acts of Union of England and Scotland, and of Great Britain and Ireland, established permanently and inviolably, and that the right and title of archbishops to their re spective provinces, of bishops to their sees, and of deans to their deaneries, as well i n E ng l an d as i n Ireland, had been settled and established by law, it was enacted, that if any person after the commence ment of that Act, other than, the person thereunto authorised by law, should assume o r use t h e name, style, or title of archbishop of any ,province, bishop of any bishopric, or dean of any deanery, in England or Ire land, he should for every such offence forfeit and pay the sum of one hundred pounds: and whereas it may be doubted whether th© recited enactment extends to the assumption of the title of archbishop or bishop of a pretended province or diocese,.or archbishop or bishop of a city, place, or territory in England or Ireland, not being the see, province, or diocese of a ny arc hbi s h op or b ishop recognized by law; but the attempt to establish, under colour of authority from the see of Rome or otherwise, such pretended sees, provinces, or dioceses is il legal and void, and the assumption of ecclesiastical titles in respect thereof is inconsistent with the rights in tended to be protected by the said enactment; and whereas it is expedient to prohibit the assumption of such titles in respect of any places within the United Kingdom: be it enacted therefore by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that— I. If, after the passing of thia Act, any person other than a person thereunto authorized by law in respect of an archbishopric, bishopric, or deanery of the United Church of England and Ireland, assume or use the name, style, or title of archbishop, bishop, or dean of any city, town, or place, or of any territory or district (under any designation or description whatsoever), in the - united Kingdom, whether such city, toms, or place, or such territory or district, be or be not the see or the province, or co-extensive with - the province, of any archbishop, or the see or the diocese, or co-extensive with the diocese, of any bishop, or the seat or place of the church of any dean, or co-extensive with any dean.. ery, of the said United Church, the person so offending shall, fur every such offence, forfeit and pay the sum of one hundred pounds, to be recovered as provided by the recited Act. If. Any deed or writing made, signed, or executed after the passing of this Act, by or under the authority of any person, in or under any name, style, or title which such person is by the recited. Act and this Act, oz either of them, prohibited from assuming or using, shall be void. 111. Where by an assurance, transfer, will, limitation, or declaration of use or trust, or other instrument, made or executed after the passing of this Act, any real or personal property, or any profit or advantage to be had therefrom, is assured, given, or made applicable, or expressed or intended to be assured, given, or made applicable, directly or indirectly, for ,or towards the endowment :or maintenance of any archbishopric, bishopric, or deanery, intituled or in anywise designated or described as an archbishopric, bishopric, or deanery, of any city, town, or place, terri tory, or district in the United Kingdom ,(except the archbishoprics, bishoprics, and deaneries •of the said United Church), or for any purposes connected with or referring to the maintenance or continuance of any archbishopric, bishopric, or deanery (except as afore said) so intitaled, designated, or described, or of the titular province, see, diocese, or limits thereof, or where by any such assurance, transfer, will, limitation, declara tion, or other instrument, any real or personal property, profit, or advantage, or any power, authority, or discre tion (whether for private or personal benefit, or for cha ritable or other purpose.), to be exercised over or in re la • tion to any real or personal property, or such profit or advantage as aforesaid, is assured. given, or vested, or expressed or intended to be assured, given, or vested, to or in any person by any name, style, or title of archbishop, bishop, or dean, by which the recited Act and this Act, or either of them, such person is prohibited from assuming or using, or to or in any person who in such assurance, transfer, will, limitation, declaration, or other instrument is in anywise designated, mentioned, or referred to as being or claiming to be, or as being called or known or reputed to be archbishop, bishop, er dean, under any name, style, or title which such person so prohibited from assuming or using, or to or in any other parson therein described as chap lain or other subordinate of the perons 80 designated, mentioned, or referred to, or to or in any person in anywise described by means of a reference to a name, style, or title of which, by the said Act and this Act, or either of them, the assumption or use is prohibited, all the real or personal property, profit, or advantage afore said, or such estate or interest therein, as but for this enactment would have been in anywise applicable to any of the purposes aforesaid, or would have vested in or enured to the use of the person to or in whom the same is so expressed or intended to be assured, given, or vested, shall, without any office or inquisition found, vest in and enure to the use of her Majesty, and shall end may be disposed of and applied as her Ma jesty shall be pleased by warrant under her sign ma nual to direct, whether such direction be to apply the same according and pursuant to the intents and pur poses declared in and by the instruments hereinbefore mentioned or otherwise; and all such power, autho rity, and discretion as aforesaid, so far as the same but for this enactment might have been exercised by the per son in whom the same is so expressed or intended to be vested, may be exercised by such persons and in such manner as her Majesty may be pleased by warrant under her sign manual to direct. IV. Every person who may be liable to be sued for any penalty imposed by the recited enactment and this Act or either of them, shall in any suit or proceeding in equity in relation to any such assurance, transfer, will, limitation, declaration of use or trust, or other instru ment as hereinbefore mentioned, or in relation to any secret or other trust, or other matter whatsoever, be compellable to answer upon oath, notwithstanding his lin bilility to such penalty, in the same manner as if no such liability existed: provided that no answer of such per son in any such suit or proceeding as aforesaid, nor any matter disclosed or made known► only by means of such answer, shall be admitted as evidence against such per son in action for the recovery of such penalty. SHIP NE WS. GRAVESEND, Fie. IB.—Wind W.S.W., fresh, equally. A rrived—Hindostan, from Canton; Contest, from Lisbon; Carolinda, f rom C aen; D u db roo k , f rom M adras; Ann ary, from Demerara; John Henry. from New York; Lionne and Leon, from Gravelines; Pearl and Aurora, from St. Michael's ; City of Poonah, Troubado u r, and A m b rosia, from Calcaa Palmyra, from Demerara; Lady Rowena, from Bo Darlmg, from Taganrog; Brountield, from Gotteriburg; Neptulau,, from Valpa raiso; Geo rge Dean, from Para. Sailed—P,latebless, for Lisbon ; Ceres and Miri am , f or Antigua; Jam es H olmes, for Demerara ; Isabel, for Lis bon; Emerald, for Boulogne; Giraffe, for Rotterdam. VESSELS SPOKEN WITH. Hanes, of Bremen, with 40 barrels of sperm oil, Jan. 1, in lat. 5 —, 19 W., w hi ch vessel had spoken the Ernest G us t a v, of Bremen, in lat. 39 N., long. 14 W. EXPENSES OF THE GAOLS. Upon the moti on of Alderman SIDNEY it was re f erred to a committee to take into coth,ideratiou the expenses of the respective ge.olP. CROWDED STATE OF THE CITY THOROUGHFARES. Alderman KELLY, in rising to bring " under the no tice of the Court the crowded state of the thorough fares in the City," raid he was desirous to have the question referred to a committee, in order that they might inquire whether some means could not be de vised to prevent the serious obstructions which were constantly occurring, and which were in a great mea sure attributable to coal waggons and beer waggons.— Wear, he3r.) ITA, admitted that coals and beer were very necessary articles, hat there surely ought to be some regulations by which the transit of s uc h " w i e ld y utaisoces as the vehicles in which thess armee Were REPRESENTATION OP .13taty.--Alr. Walker, the Member for,Bury, has not taken his seat in the present Par liament, although elected in 1847. Continued ill health and the Mr. Walker LI in his of age67tl2year. are assigned as realm for the delay. THE SUN, LONDON, WEDNESDAY EVENING, FEI3RUA subject to , its ratification by the shareholders, they have entered into an agreement with the Londe:: and North- Western Company for the transit of goods over this line. They have made application to Parliament for a further extension of time for widen ing the line from Stepney to Fenchurch-street, and for making the branches to the London and St. Katharine docks. The Bill for this purpose, the North Gravesend Extension Bill, and the Bill for making a branch line to Hayden-square, will be submitted for the approval of the shareholders. The retiring directors are Messrs. Daniell and Wilson, and, being eligible for re-election, they will offer themselves accord ingly. It appears: from the provisions of the agreement with the London and North-Western, referred to in the directors' report respecting the branch railway to Ilaydon-square, that the Blackwell Company are to raise the money and to construct the line; the London and North-Western are to pay interest on the money raised for this purpose, at 5 per cent. if raised by shares; if raised by debentures, then at the rates (not exceeding 5 per cent.) at which the money shall have been borrowed. The London and North- Western may purchase the branch line within three years after the opening. The London and North- Western Company are to have the right to work their goods trains over Blackwell and Black wall Exten sion Railways, and the proposed branch between Ilaydun-square, and the junction with the Birmingham Junction One, but not so as to interfere with the pas senger or other traffic of the Blackwell Railway. The North-Western Company's trains not to exceed six each way. The, tolls payable to the Black well Com pany to be as fofiew, viz.:—O n the first 156,000 tons a year 6d. per toe ; upon every additional ton up to 208,000 tons, 4d. per ton.; and for every additional ton beyond 208,000 tons, 3d. per ton, with a gua rantee that the toll shall not in any one year be less than 2,5001. The report of the auditors, Messrs. Beattie and Valley, states that the expenditure of 2,0331. on capital account last half-year is properly charged ; that the receipts .and payments are all duly vouched, and the staterneats are faithful abstracts from the I company's books. They expressed their continued satisfaction with the excellent manner in which the books are kept and with the increasing revenue of the company. Their capital account to the 31st of December last shows that 1,343,414/. had been received, and 1,369,0001. expended, leaving a balance against the com pany of 25,586/. The statement of the share capital shows that 108,346 shares were issued ; 3,554 shares unissued; total shares, 111,900. Amount received on shares issued, 1,225,3141.; amount in arrear, 12 ,3771. ; to be raised on hares unissued, 28,3081. ; total amount, 1,266,0004 The revenue account for the half-year ending the 31st of December last states that the receipts amounted to 29,7741. and the expenses to 17,0991. (including 1,2311. for Government duty and 1,7894 for rates and taxes), leaving a balance of 12,6751. The working stock eensists of nine engines, nine first class carriages, 21. second-class, 19 composite carriages, and 12 trucks. bricklayer, aged 51 years, died of " phthsis pleuritis, dyspccet (3 days)." Mr. Holt diseribes this as " a duty and crowded locality, inhabited generally by cosier mongers of the poorest class." In Holborn district, at 13, Tindr.ll's-buildings, Gray's Inn-lane, on the 10th of February, the daughter of a labourer, aged 2 years, died of " small-pox (1 week)." Mr. Holmes states that " this place is as usual over crowded with Irish families and other strangers. Small pox is very prevalent among the children." Bethnal•green, Hackney-road subdistrict, at 3 and 20, Collingwood-street, two children died, one of hopping. cough, the other of diarrhoea. " The street is crowded, and partially drained." Vincent -street, where a child died of bronchitis, without medical attendance, is stated by Mr. Murray to be "close, crowded, and undrained." In St. James's, Bermondsey, at Edward-street, on the 11th of February, the son of a labourer, aged lii months, died of " small-pox, natural, no medical attendant." " Small-pox (says Mr. Martin) is very prevalent in Ja cob's Island; the mother of the above child acknowledged that it had not been vaccinated orvirg to negligence. Some persons object to the introduction of what they conceive to be the disease of an animal into their chil dren." _ - MORTALITY in the METROPOLIS. NUMBER OF DEATHS FROM ALL CAUSES REGISTERED IN THE WEEK ENDING SATURDAY, FEB. 15, 1551. Epidemic, Endemic, and Contagious Diseases ...*212 Diseases of Uncertai n S ea t ... ... 53 Tubercular Diseases ... ••• ... 167 , Diseases of the Brain, Nerves, and Senses... ... 106 Diseases of the Heart and 8100d -vessels ... 47 Diseases of the Lungs, and other Organs of Respiration ••• ••• ..• ••• .•• 220 Diseases of the Stomach, Liver, and other Organs of Digestion— ••• •• -•• ••• ••• 56 Diseases of the Kidney s , &c. • •• ..• ••• 19 Childbirth, Diseases of t h e Ut erus, &e. ... 9 Diseases of the Joints, B ones , an d Muscles ••• 5 ••• •• Diseases of the Skin, & c• ••• ••• • Malformations... ••• ••• ••• ••• ••• 2 Premature Birth ... •• ••• ••• 27 Atrophy ••• ••• ••• ••• ••• ••• 26 Old Age ••• ••• ••• ••• ••• ••• 38 Violence, Privation, Cold, and Intemperance ... 35 Causes not specified DEATHS FROM ALL CAUSES ... ... 1,036 Population Deaths in corre- Deaths Enumerated, sponding week in the 1841. of 1850. Week. West Districts... 301,189 . . 133 ... 165 North Districts.. 376,568 .. 183 ... 210 Central Districts 374,199 ... 153 ... 175 East Districts ...393,067 ... 205 ... 209 South Districts.. 50 3,346 ... 264 ... :277 ----- Totals... ..... 1,948,369 ... 938 ... LOU Males Females ... 515 ... 521 STATE OF TRADE. Males ~. Females ... ... 821 ... 755 Y 19, 1851. company; and some, they say, were overdrawings or excess of cargo, or in exeese with reference to the piles, the company haring satisfied the warrants, which re quired their delivery of the whole. As to these, I very much doubt whether the argument of Sir F. Kelly i 3 not perfectly just and true, that however much the over drawing the sample, in the keeping the excesses might be a fraud on the merchant. Ido not think that would make them subject to forfeiture, and on this point lam fortified by the opinion of my Learned Brethren whom I have consulted on the subject. Again, some of the counts charge a removal of the goods with the intention of erading the duty. Igo along with the arguments of the counsel for the defendants, that this intention does not appear at all from the evidence. It is perfectly clear that if the sweepings were intended for the home market they must have paid the duty; and it is not pre tended that any things were improperly token out of the docks; and with respect to those things intend d for ex portation there is no duty to pay at all. Itseemsdiflicult, therefore, to impute any intention of evading the duty to any persons engaged in the transaction. But another question will arise as to some particular articl, s— namely, whether they were dealt with in a manner to subject them to forfeiture ? I may here say that the Customs can make no distinction between a wealthy company and any obscure individual. The London Docks Comp an y, lik e every other partnership, are liable for the acts of its servants. There would be no safety for anyone if this were not so. If what is tic in the course of the business of the servants, the em player is liable ; and in some cases he is subject even to penalty, still more, to the forfeiture of the goods-, as in the resent case, where the judgment is in rem. To return to the evidence of the witneves for the Crown. Oldham says that there ought to he no cocoa sweepings. It is very probable that this evidence, as well as that of Mr. Knight, goes too far. The cocoa at the West India Docks, as to which Mr. Knight spoke, is in casks, whereas that in the London Docks is in bags, which are much more subject to damage, and consequently more likely to allow a portion of their contents to escape than casks. His Lordship then proceeded to read and com ment on Oldham's evidence. He says, on cross-examina tion, that the goods are liable to duty while they remain in the docks, and that they cannot escape unless they are clandestinely removed. Of this, as I have already said, there is no evidence. I consider that there has been no contradiction at all to the evidence on the part of the de fendants, that the account of sweepings, including the 20 casks of sugar, was delivered at the end of 1849. I think, too, that there can be no doubt that sweepings to an extent to be called merchandise had been pointedly called to the attention of the Customs before that time; this fortifies in part my opinion that the Solicitor Gene ral's view of the law was not correct, and that the in stunt an article assumed the shape of merchandize it must be considered as illegal unless brought to the notice of the Customs, because the Customs have themselves recognized the practice of collecting together that which could be rendered useful, and exporting it as merchan dize. Oldham goes on to say, that in room No. 16, where the cocoa was, Cleaver pointed out seven bags; some of these were original packages; some, if not all of them, have been traced by the defendants to the cargoes to which they belonged, notwithstanding the warrant which required their delivery had been satisfied. To my judgment this proves that some other packages were delivered in their place. This is the more probable, as we find that one man (Atkins) was dismissed for substituting one package for another. Now with re gard to all these packages of cocoa, it is to be observed that although the witnesses for the defence were put in opposition to the Donovans, the Robinsee, and the Smiths, they did not contradict the statement of Oldham and the other officers, that these packages of cocoa were represented as sweepings. Then John Cockshott states that in room 35 there were some packages from the Hanover's cargo, which were stowed under the great wheel. At first it appeared that the things stowed under the wheel were in a place of concealment, but that certainly turned out not to be the case. The objec• tion, however, is not that they were put there out of sight, but that they were put there amongst odds and ends, where the officers would not be likely to look for them. The package 823, marked 118 128, No. 221, he says, was stowed amongst a pile of rice. There is no contradiction as to this. There can be no doubt, therefore, that it was where it ought not to have been. As to this, the 7th and Bth counts, which charge a clandestine re moval, appear applicable. In my opinion, the point of law is, that if you believe that this cocoa was put on the pile of rice for the purpose of preventing its being seen by the officers, that is for the purpose of pre venting its being noticed, as it would have been, had it not been there, you must find that it was clandestinely and illegally removed and fraudently con cealed. The ninth and tenth counts charge, it is true, a fraudulent concealment for the purpose of evading the duty. It may have been done, not for the pur pose of evading the duty, but for some other purpose. In that case I think it was forfeited on the seventh and eighth counts; but I think that you will find also on the ninth and tenth counts for the Crown, but you should find specially at the same time that it was not done for the purpose of evading the duty. It is right to say that the fact of this cocoa having been put upon the rice is sworn to by one of that class of witnesses who, the Soli citor-General has properly admitted, were not so worthy of credit as many others; but, in confirmation of his account, you have the officers, who say they found the cocoa amongst the rice. Mr. Spenceley, by brushing and dusting, has found out the marks of some of the bees, and has shown, I think, that the officer was mis taken in saying that these packages had not been weighed, Int he does not deny that the packages were found where the officers say they were. He says, as to some of them, very probably they were found under sweepings. Now, I must tell you as my opinion ef the law, subject to correction, that it they were there with a view to their being mixed with the sweepings so as to withdraw them from the notice of the Customs officers, they were clandestinely removed and would be forfeited. I take it as the view of all of you, that none of this was done with a view of evading the duty. Still, if it was done in any way to prevent its being the subject of research, or to conceal the fact from the Custom-house officers, then you must find for the Crown as to the portion so concealed. I must say that I cannot discover any ground upon which the greater part of the cocoa can be considered as forfeited; and I think your attention will have to be directed to some six or seven packages of cocoa only—namely, those as to which Mr. Speneeley can give no account, except that they were portions of a particular cargo. They were clearly cargo; and if they were put with the sweepings to put them out of sight, they are, in my opinion, liable to forfeiture. As to the 23 packages and the two barrels, which were clearly sweepings, it is proved that the prac tice existed of supplying any deficiencies in the bags from that which had been clean picked, and that when the whole pile was removed the company took the per. Lions of cocoa which had fallen to the bottom and had so occasioned the deficiencies. I think in all this there was no ground for seizure. Sir F. KELLY called his Lordship's attention to Mr. Spen celey harieg said that the c ocoa was not on a pile of rice, and that everythi ng se i zed was visible to sight. The CHIEF BARON—But he said afterwards that he knew nothing a`esut it. Then a 3 to the sugar. The 20 hogsheads, it is said, were collected from overdrawings during the year 1849. Hearne'e heels are certainly suspicious, but I can see no object which he had in mak ing the alteration which he did, and, independently of him, I see no reason to doubt that the account, which was made up iu 1849, included these 20 casks. I repeat that if these were made up of overdrawings and other irregular perquisites, taken possibly by the men to in crease the sweepings, they would not on that account be liable to forfeiture. As to the eight casks, I think it probable that there was some such hurry in getting the various quantities together as was described by some of the witnesses. (His Lordship then went through the evidence as to these eight casks.) You will probably not credit t h e of Robi ns , that the sugar statement stowed in one of these casks consisted of the ten bags of Manila sugar short shipped to Antwerp, and 15 bags brought from his laboratory. With reference to the 10 bags said to have been short shipped to Antwerp, I think much more evidence ought to have been given to induce you to believe that that sugar wasdealt within the manner suggested. I think the Crown sheuld have waited till the mate came back, and could have given a more intelligible account of the matter. The story is contradicted by persons of greater respectability than those who assert it. It seems little likely that the mate, had he been deprived of the 10 bags, would have con tented himself with merely grumbling and gossiping amongst the inferior servants of the company, instead of making his complaint to Mr. Rowles, or the heads of the establishment, particularly when it is stated that the loss fell upon himself, and amounted nearly to his year's earnings. On this head, as on others, probably the witnesses for the Crown exaggerated extremely the little they bad to say, while the officers of th e company, perhaps, did not say all they might have said. I n ow come to the two boxes of Havannah sugar, which consti tuted one of the 28 casks. Wickes says that these two boxes were packed without consideration, and in order to screen Pontyng, but with whatev er mot i ve itis certain they were removed from one package to another. I think you will not doubt that they were surplus cargo; it is even uncertain whether they had ever been entered, in which case they ou Itght to hav e gone to the Queen's bag gage warehouse. is my opinioa that this was liable to be seized, wholly irrespective of whether it was intended to avoid the payment of duty, and that it was a fraudu lent copes:du - lent. And that, therefore, on the 7th, Bth, 9th, and 10th counts, as to this you must give a verdict for the Crown, subject to the reservation as to the 9th and 10th counts, which I have already mentioned. I think it right to say that the London Deck Company h a ve, with the exception of Pay, called every witness who could throw any light on those transactions, and that they have all distinctly contradicted the stories as to Davis'. corner, and the system of carrying di' the merchant's p roperty, and converting it to the co n mpany's use. The question i s , h as th ere b een ay concealment or removal for any purpose what ever, so as t o w i thdraw the packages from the ob servation of the officers? On this head your attention will be confined solely to the 7th, Bth, 9th, and 10th counts. I have said which of the cocoa I think liable to forfeiture ; of the sugar I think the two boxes of Ha vannah the only part which is seizable. If you think that was taken up -stairs from one warehouse to another, and th a t i t was afterwards put into the cask, as is probable, f or t h e purpose of getting anything that might be subject to question out of sight of the officers, you must find for the Crown. A question may arise as to whether there has been any identification of the parti cular casks in which these boxes wore put. I own, I think, that if it is not distinguishable from the rest, the whole eight casks are forfeited. As to the cocoa, except five or six bags, the verdict ought to be for the de fendants. Those which would appear to have been placed amongst the sweepings with the same view as the two boxes of sugar in the cask, yon must find for the Crown. The jury requuted to be informed what the particula COU:it.; r.f?re. His LonnsirP informed them that. the 7th coun t charged th at ti goods havin been warehouse d in docks, they were by the co art y clandestinely and lle. gaily removed f rom the place of sec urity in which they le g i the were, to another place. The Bth count charged tin same, without m ent i on i ng t h e p ers ons who comniiitea the act. Thu 9th count charged the company w ith ba" ing fraudulently concea l e d the goods in the warehouse with intent to evade the payment of duty. The 10th count was to the same etllct, not specifying The jury then retired, and after a short absence cre turned and delivered the following verdict:—" W e fin for the Crown on the 7th and Bth counts as to the two boxes of sugar, as to the remaining 27 casks of s ugar, and as to all ibe 57 koffor the dela plc ages cocoa, dants; nt the same time we couple with the verdict a re: commendation that greater strictness should be observed by the company towards their subordinate servants, la order to prevent irregularities which have occurred." A jury the persons. man—We find for the Crown as to the two boxes upon your Lordship's direction, that the potting them into a cask was a clandestine and illegal retnoral:, His LORD SHIP t h en as k e d t he jury whether they ill. not find th a t th e two b oxes b a d been fraudulently con• coaled wi t hi n th e 9 t h an d 10t h counts ? The Foreman—Yes, but we find no intention to de' fraud the revenue. , ne is I THE LONDON GAZETTE, Feb Is DOWNING-STREET FEB. 18. Wilmot, Esq., to be a Puisne l Judge of a the m Su Tile Queen has been leased to pp "nt Lemuel Allan the Province of New Brunswick, and John Ambrose Stree t Esq., to be her Majesty's Attorney-General for that Province. CROWN. OFFICE, FEB. 15. MEMBERS RETURNED TO SERFS IN THIS PEES PARLIAMENT. Borough of Pontefract—The Honourable Beilby Ric hard Law ley, of Escrick-park, in the county of York, in the rooll of Sir Samuel Martin, Knt., who has accepted the office (3 one of the Barons of her Majesty's Court of Exchequer. FEB. 17. od Burghs of Linlithgow, Lanark, Falkirk, Airdrie, . 11 ,, t Hamilton—James Baird, Esq., in the room of the Rig; Prone Court otf Honourable Henry Pelham Pelham Clinton, commonly the Earl of Linc o l n , now D u k e o f N ewcast l e , su mmoned to the Upper House of Parliament. FEZ. 18. County of Notti ng h am , S out hern Division -- Hodgson Barrow, Esq., in the room of Robert Bromley, deceased. BANKRUPTS. James Binion Cooper and George Binion Cooper, ir° ll d . founders, Drury-lane, to surrender March 3, at one, r t t April I, at ele ven , a t t h e C ourt of Ban k rup t*. Ea Ford official assign e e, S am b roo k- court, Bas i ng h a ll-street; and Lloyd, Bloomsbury-square. James Holland and Ed war d W ar d en , tallow cha r iv dl ers : Preston, Lanc as hi re , M arc h 3 and 31, at twe lve, at the or; chester District C our t. P ott, of fi c i a l ass i gnee , Mall umes - Taylor. Manchester. Marc h William Neck, jun., corn d ea l er, T orre , D e vonshire , . 4, at el even , an d M arc h 27, at one, at the Exeter Disk' Court. Hirtzel, official assignee, Leter ; Carter, quay; Stogdon, Exeter. INSOLVENT DEBTORS. Henry Blylarn Morton, tobacconist, Newgate-stree t. Edward Hodges, licensed victualler, Ranelagh- street, Thomas Eaton, attorney -at-law, Field-court, Gray 'd-'llj3. DIVIDENDS. Whitmore, J. Wells,Court, Bja. Wells, singhal i I.s ti t n re:t a • nd F. whit E. more, z Lombard-str ee t, b an k ers , M arc h 11, at Wei i , l b i . Bowerman, E nv h am, O x f ordsh i re, carr i e r, 15 1 .,,,c r ,t 0 t, at eleven—W. S. C owper, B i shopsgate - s t re et grocer, March 12, at one—G. Burton, Whitechapel4°- linendraper, March 10, at twelve. In the Country. rc h 13, T. B. Jones, Brecon, maltster and brewer, at half-past t we l ve , at t h e C ourt, Br i sto l—F. C. 'tat beth, Bristol, w i ne an d sp i r i t merchant , March 2 ' , twelve, at the Court, Bristol. PAYMENT OF DIVIDENDS. F. J. Br own , Bi rm i ngham, ra i lway c l e rk. 2 s". 9131 Ai r, Thursday, between eleven and three, at the office ° Christie, Birmingham. er, S. M. Half hid e , Cheshunt, Hertfordshire, line Is. 21.(1., any Wednesday, between eleven and thre e, - the office of Mr. Whitmore Basingball-etreet. b coc a R. G. Ward, Brownlow , -streef, Drury-lan e ' currier, 3s. 44d., any Wednesday, between eleve o o p t• three, at the office of Mr. Whitmore,' Basinghall4tree NOTICES OF CERTIFICATES. At the Court, Lasingball street. - .4 G. Ralston, B ow , eng i neer, Marc h 8, at elevezi2: Clark, Sohatn, Cam bridgvshire, dealer in flour. t r a c t at twelve--W. S. Cowp er , Bishopsgate-street " Opt, —S. Ingamells, Isle o f Ely, CaMbri and New-st ree t, Dorset -street, grocer, March 12, March 11, at twelv e . dgeshire, In the Country. J. Mathison, Ferryhill, Durham, builder, Ma rch 12' at one, at the Court, Newcastle-upon-TY97ol3e;teicilli;e: Liskeard, Cornwall, seedswan, March 12, Court, Exeter—J. Simons, Wibloft Warwi ck horse dealer, March 25, at twelve, at the C ourt ' --- mingham. CERTIFICATES GRANTED.,,grosker , J. Porter, Hi g h- s t ree t, Camden -town, orium idea certificate of the s e c on d c l ass —J . H all, br i g htoni 3rown . eller, certificate o f th e secon d c l ass—R. G.Werd' of th e low•street, Drury•lane, coach currier, certificate e ettifi' third class—J. Watkins, Tottenham-court-roo d , -Toc cata of the third class—G. Hall and F. S. Fell, mouth, timber merchants, certificate of the u''' c b s es twenty-one days from Feb. 13—G. Little, Holbor o • e si and Commercial-place, Peckham, maker of el„ ai a r r i tio apparatus, certificate of the second class—C. t Darlington, Durham, plumber and glazier, cert' i ,"b a ep twenty-one days from Feb. 18—W. Burnett, days Wearwouth, shipbroker, certificate twenty-nee ca re from Feb. 18—J. Crook, Plymouth, merchant,,cer tifi _. of second class—W. H. Boon, Plymouth, ironmonger, certificate of second class—E. Cardwell, M Becbes ie e s, sharehroker, certificate of second class-4. Pgste ecru Kington, Herefordshire, mercer and draper , of second class. PARTNERSHIPS DISSOLVE D. . n irit d D. Macarthur and J. Green, Pall-mall, Yi' ne 1 -. R.. Reid merchants—H. S. Cafe, sen , H. Cafe, j 11 0.9,• eh (so far as regards H. Cafe, jun.), Great Marllanregef sfieoludt,hYwoorrktisi,hirße,laclkinbeunrdnr,apLerasn—caTsh.iSreo. street, auctioneers—W. Pearson and O. Il ervi°°4 d a d ers- -111 ' holesa/e Green and E. L. Green, Houndsditch, City , VI Down clothiers —T. Hourston and A. Hourston, ft - i o as Market, Norfolk, tailors and woollendrapers —d • •-• er a and John Binne, Dukinfield, Cheshire, cotton spin ter, and cotton manufacturers—J.and jos Carter • Car d Warrington, watch and clock makers—R. Lacon t. 3 Risely, William -street, Islington, mattress makers-. 0, uthrwsoprth an I j. • R. Price and D. Roderick, Swansea, ' Glamorga n wine wine and spirit merchants—J. Sykes and n• Hill-house, near Huddersfield, Yorkshire, woollen 3' 004 manufacturers—C. Baker and F. N. Baker, Southall a timber and general merchants—D. S. Walke r ' nir Greenhill, and'R. Fry. Barge-yard, Bucklersbul , tent elastic mourning hat band and waterproof 'heel manufacturers —J. H ammon d, G. H or t on , L. Baker, e , e f.. T. Co•ten (as far as regards T. Cotten), Hollinwo od, fordshire, coal owners—L. Cooper and A. W. Ord , chester and Stockpo r t, cotton-spinners—J. Gate and v,, Greenwood, Brick-lane, bottled beer merchants yew Lewis and R. Lewis, Tyors-gateway, Bermondsryt tr oo k Bermondsey, woolstapieri—C. Brook, sea., W. 14; ~,P rr , r l v and C.Broolt. jun.,Melthara Mills,near Hudersfielo , 'l n cl, shire, cotton-spinners—R. Rockall and J. Jones, ° 7l ( j A. tea-dealers and Italian wareh ousemen —F. Hale, or I). Hale, Berkhampatead S t . Peter, Hertfordshire, I'll drapers—l. Johnson and J . Si mpson, Der b y, P laster er* F. E. Potts and W. D. Potts, Bath, chemists and all gists— W. %ViLon and Mary Wilson, Leeds, p a c e r, brokers—J. M. Baab and F. Job, Titchbourne-6Tek Regent-street, and Gerrard -street, Soho, watch and cfor' makers—H. Bald win and T. Baldwin, Lancaster, fares regards J. Heaton), Cleeic neys•at-law—J. Heaton, E. Muff and J. Field 0 6 : wa91314 " liquor-makers. INSOLVENT PETITIONERS. John 111)riebibis, Kin ton. upon- H h e u a l t l o' shoemaker. Yorkshire, John Settle Anderson Robert Featheratone, Kingston-upon-110' d g e s r t s o o n n - , u i p c o t. D n g - st Hull o n auctioneer. upon riu on-Hull, ,groc er. d carver an John Stainforth, Kingston-upon• Hull gilder. John Johnson, Kingston-upon-Hull, patent S DI " facturer. William Newman, jun., Hereford, b• _maker. Thome- C dd F o , rieston, Lincolnshire, ev ° `r Thomas Densham, Barnstaple,Devonshire, coa chant. Richard Hancock, Barnstaple, Devonshire, but cher. John Poole, Arlestone, Shropshire, farmer. h are' Thomas Langton, Monks Coppenhall, Cheshire , law" Joseph Lewis, Bristol, heti. retailer. Richard Knapp, Wick, Gloucestershire, farmer. painte John Eling, Gravesend, livery stable-keeper. Lincoln 9hire• William Poole Hoot on , G a i ns b oro ugh, tailor. George Stancer, Sheffield, fender-manufactur er. Edward Oakes, Portsea, ironmonger. William Jackson, Sheffield, policeman. SCOTCH SEQUESTRATIONS. sot' J. Gilchrist, Paisle dyer, t 0 to meet within the ten's Head I nn , Paisley,' y Feb. 20 and March 15, eet 1 R. M. M`Brai r , Glasgow, commission agent, to within the Gl o b e Hotel, Glasgow, Feb. 21 and Marc" 14, at two. J. White, Edinburgh, draper, to meet within the TtO l Ys e i . Exchange Coffee h ouse , F e b . 21 and M arc h 21, id twy e e e t R. Menzies, Weem, P ert h sh i re, merc hant. t°,„ within Menzies'-inn, Weem, Feb. 24 and March 131610 IMPERIAL PARLIAMENT. - ---.--- ROUSE OF COMMONS, Feb, 18. mittee . P. S CROPE . , in rising to move that a THE POOR-LAW. Mr. be appointed to consider the expediency and assimilating the poor-laws of England, Scotland, 13, Ireland, and promoting the productive eulP`cC meat of able-bodied y u said k nothil l h g pers, he new he • could say would induce ia the House to determine any a': stract proposition on the 'therefore, it was great question, and, _ ues that he asked the house to inquire into and consider the q Co • n, and report the result of their deliberations to the Hou se ' 'en $ He might be asked why he introduced into the quest' he subject apparently not immediately connected with it, viz., he Select Coln:f best form of relief to the able-bodied poor, but he did 8 ° , h () „, this reason—that the main difficulty connected withd: at poor in England, Ireland, and Scotland was the ilo r ;,,,, present existing of relieving the able-bodied poor. 1 " ustilt poor-law had always been considered, and he thoug ht) the most veluable of our ancient institutions, because upon it depended the peace, order, and tranquillity of the country' The poor-law was introduced into Ireland in 1837, and e t : tended greatly in 1847, but it was not vet assimilated i Dintl mode of operation to tbe English pour-law. Tbe great 1,. of difference was the enormous disparity of out-door relio u 1 the two countries. In Ireland there was no out - doo r relief, in England 7-Bths of the relief was out-door relief; whi le ' to go farther, in Scotland there was no in-door relief. Theo was also great difference in the mode of levying, and vv iti " u n C pronounc ing which was the b es t, h e did not le why there should not be ene waiter= pystem Pg"tied , tzy I ,‘ ose 4. • 44,b • GERMANY. Several of the German journals having stated that a body of troops was to be formed in the environs of Coblentz, under the orders of the Prince of Prussia, the Post Gazette of Frankfort says that this is erro neous ; and it adds, that several regiments had passed through that town to new garrisons, to be dismissed. The Vienna journals of the 12th announce that Baron Koller, Austrian Chargé d'Affaires at London, has been appointed Minister Plenipotentiary in Belgium. -- TARRING AND FEATHERING BLACK LEGS AT NORTH SHIELDS. NORTH SHIELDS, FEB, l7.—The seamen of North Shields seem to have taken the law into their own hands. The committees of the men on strike hare watchers on the river both day and night to ees that none of the crews of the vessels ready for sea get away. If they catch a man on board they fetch him on shore, and either get him out of the town, or hand him over to the women, to be dealt with according to " General Lynch." On Sunday afternoon seven boats' crews went on board the dEolian, lying at No. 2 buoy, and having found a " halt marrerd" in the forecastle, brought him on shore. As soon as he was landed he was handed over to the women, who besmeared him all over with coal tar, a nauseous compound, turned' him into the: streets, and hooted him out of the town. He was found by the police in a very exhausted condition, and conveyed to the station-house, where the filthy compound was scraped off him, and his hair also had to be shaved from his head, it being impossible to get the stuff out of it. A woman was fined 54 on Monday for having taken part in the proceedings. A young man of the name of Metcalf was taken out of the Spring trader, lying at the same buoy, during the afternoon, brought on shore, and used in the most cruel manner by a large mob of men and women. It is expected that the ring leader in the last affair will be brought to justice. On Sunday morning about three o'clock a melancholy accident happened to one of ' the watchers, who, went off with five others to overhaul a vessel that was going to sea. The vessel was towing down, and going rapidly through the water. In attempting to hook the ship's boat the watchers' boat upset, and one cf them, a young man named Mark Arm strong, was drowned. His body was picked up on Sunday afternoon. Twenty-five policemen have been sent down from Newcastle to assist the authorities to keep the peace; and a number of special constables would be sworn in at South Shields yesterday. There are a great number of laden vessels in Shields harbour ready for sea, if they could procure crew:. JNDON AND BLACKWALL RAILWAY. The half-yearly report cf the directors of this com pany, to be submitted to the meeting of proprietors on the 25th inst., states that for the past half-year there has been an increase in the passenger traffic, as com pared with the corresponding period of 1849, amount. ing to 637,801 in the numbers carried, and 4,5374 in the receipts. The traffic during the two periods, including the gross toll from the East and West India Docks and Birmingham Junction Railway, was as follows: -1849. —Passengers, 1,219,508; amount, 20,268/. 1850.—Pas sengers, 1,857,309; amount, 24,8061. The increase from the local traffic amounted to 3,5061., and for the river traffic to 1,031/. The East and West India Docks and Birmingham Junction Railway was opened as far as Islington on the 26th of September last, and the opening has since been extended to Camden -town. Under the arrangement with that company the receipts are divided pro rata, in proportion to the distance run over each line; and the traffic derived from this source has amounted to 187,116 passengers and 1,195/. Considering that the Dock Junction line was not opened until late in the year, the directors think very favourably of the traffic so far as it has yet been developed. The junction with the London and North-Western Railway will, it is understood, be effected in the course of this month, and there op pears to be every prospect that the passenger traffic of the Dock Junction line, when fully de veloped, will add considerably to the revenue of this company. The comparative working expenses ex hibit an increase of about 800/. during the past half year; of this sum about 400/. is in the locomotive charges, and will be accounted for by the additional mileage run, and 290/. in the law charges appli cable to revenue, which are increased by the appeals against the parochial assessments throughout the line now being made, for the purpose of diminishing the an nual charge for rates and taxes. The consumption of coke for the half-year ending December last averaged 21 . 251 b . per m il e , and the total locomotive charges B.lld. per mile; and at the corresponding period of 1849 it averaged 23 . 011 b. per mile per train, and the lo comotive charges 8.34 d. per mile. Tho balance on tha revenue account amounts to 12,6754, and after deducting the interest on debentures there remains 11,633/. appli cable to dividend. This sum will admit of the payment of 2s. per share clear of income-tax upon the 109,131 shares issued, leaving a balance of 381/. During the past half-year arrears of calls to the amount of 21,4591. on the scrip shares, and of 7,200/. on the exten sion shares, have been received, and a profit of 1,5214 has been realised by t h e sale of forfeited and un issued scrip shares; the debt due for temporary loans has been reduced from 41,000/. to 10,0004, and thus far the estimate of probable assets and liabilities given in August, 1849, has been fully substantiated. The No. 2 scrip, and the extension shares in the arrear on the 31st December last, have been declared forfeited, and the 785 No. 2 scrip, at that time unissued, have since been dis posed of at a further profit to the company. The 28,000 shares of 101. each, created for the extension to Tilbury, have been taken up, and the deposits paid thereon. A con tract with Messrs. Peto and Brassey with reference to the extension has been prepared, and will be submitted to the meeting. The directors have also to report sl4a4 QUEEN'S BENCH.—(THIS DAY.) (Sittings at Nisi Prius at Guildhall, before the LORD CHIEF JUSTICE and a Special Jury.) WILES, PAUPER, V. LAWSON. This was an action to recover compensation in damages for a libel alleged t o have been published in the Times newspaper. Mr. Skinner appeared for the plainti ff, and Mr. Humphrey and Mr. Peacock conducted the defendant's case. It appeared that on the 27th of April last year, a per son named Hackett was brought up on a charge of bur glary at the Marlborough Police-court, and was re manded until the 2d of May following, on which day he was conveyed again to the court, and placed in a cell previous to undergoing his examination; but on the officer afterwards proceeding to the cell, with the view of taking him before the magistrate, ho was astonished to find that he and another prisoner, named Mackenzie, had escaped. It happened that Wilks, the plaintiff; who was assistant gaoler at the court, and whose duty it was to lock up the prisoners, was absent at the time on sick - leave, but suspicion arose in the minds of the authorities that some officer connected with tho office had been a party to the liberation of the two prisoners, owing to the circumstance of the door of the cell having been appa rently opened by a key, mad to the fact that three other prisoners in the same cell had not been able to escape. An investigation was immediately instituted into the whole matter, and in a few days afterwards Wicks was discharged, though it did not appear from what cause, no direct proof having been obtained as to the person through whose connivance the prisoners had been libe rated. Considerable suspicion, however, attached to him, a messenger who bad been sent to his house having found in a locker a duplicate key of the cell. Hackett was subsequently arrested several months after his lucky escape from the police office, and became an inmate of Pentonville Prison, from which he also succeeded in effecting his liberation. On the 3d of December, 1850, an interesting account of his exploits and adventures was published in the Times, and in one passage it was stated that a turnkey had been discharged from Marlborough police -court in con sequence of it having turned out on inquiry by the au thorities that he had received a large sum of money to effect Hackett's liberation. This was the libel com plained of. The plaintiff alleged that the article had not only damaged his reputation as a trustworthy per son, but prevented his obtaining employment from indi viduals who were, previous to its publication, in the habit of employing him; and under these circumstance s he contended he was entitled to damages a t the hands of the jury. Evidence baying been given to prove the application of the alleged.libel to the plaintiff, Mr. HUMPHREY addressed the jury in reply, admit ting that a verdict would have to pass for the plaintiff, as it was utterly impossible to procure evi dence to support a plea of justification with respect to the statements in the article ; but urging, in mitiga tion of damages, that all the injury which the cha racter of the plaintiff had suffered had arisen, not from what appeared in the Times, but from the actual fact of his dismissal, which happened many months pre viously. There could 'be no doubt in the minds of the jury that the circumstances were extremely suspicious against Wilks, and that the prisoners could not have escaped without the intervention of a " golden key." He contended, therefore, that the smallest possible amount of damages would meet the justice of the case. Lord CAMPBELL having summed up, The jury intimated they were all unanimously of opinion that there should be a verdict for the plaintiff, with a farthing damages. FRANCE. The Courrier du Gard says—" The new Minister of Public Works, M. Magne, appears to be resolved to present to the Legislative Assembly a Bill for the execution of the railway from Lyons to Avignon. For this purpose he is making a very strict examination into all the propositions made by the different com panies relative to the execution and the working either of the line from Paris to Lyons, or of the two separate lines from Paris to Lyons and from Lyons to Avignon. What appears to be per fectly decided on in his mind is the urgent necessity for the construction of this latter part, which is to unite the Atlantic and the Mediterranean. He has consequently taken into serious consideration the propositions emanating from the united ironmasters of the Alais, the Voulte, and the Tete Noire, which of fer more acceptable conditions than any hitherto pre sented to the Government. In the event of no ar rangement becoming possible with these companies, M. Magne is decided on demanding from the Assem bly the opening of a credit of 50,000,0001, divided over two years, for commencing at the expense of the State the works of the section from Lyons to Avignon." = HEALTH OF LONDON b uRIIVG THE WEEK. (From the Registrar-General's Return.) The present return indicates some improvement in the public health. Under the isfleence of more favourable weather, the deaths, which in the first week in February were 1,109, have fallen to 1,036; and this tendency of the mortality to decline is perceived both amongst young and old. In the ten corresponding weeks of 1841.50 the aver age number of deaths was 1,050, which, if corrected for comparison with the mortality of last week, becomes 1,145. Oa this latter result,, the 1,036 deaths of last week show a decrease of 109 However, an important difference is perceptible between the two classes of old and young persons, for, while nearly as many of the latter are now dying as usual for the period, the mor tality of the aged has fallen considerably below the cor rected average. In the zymotic class of fatal diseases, smallpo x destroyed 26 lives; and in 8 of these cases the sufferers were between 15 and 50 years of age. On the Bth of February, at 16, Bi s h ops '- mews, Padd i ngton , a l a b ourer, aged 47 years, who h a d never b een vacc i na ted, di e d o f confluent small-p ox ( a fter twelve days' illness); and on the following day, at No. 1, in the same mews, the wife of an ostler, aged 25, who had been vaccinated when a child, died of the disease thirteen days after the eruption. A boy also died of small-pox at! Church-place in the same sub-district. Four deaths occurred on the 7th, Bth, and 12th of February in the Small-pox Hos pital at Holloway, at the several ages of 29, 32, , 33, and 39. A woman,;who was brought from West bourne-place, and died - of " small-pox confluent, un modified (14 days' illness) "had been vaccinated young, and had " One very small cicatrix." An ostler , who came from Bartholomew -close and a bricklayer from Islington, were n o t protected by vaccination; an d a sea man from Sweden al so d i ed in the hosp i ta l o f "small pox confluent, unmodified (12 days' illness)," though he had been vaccinated when young in his native country, apd had three eicetrices. Out of the 26 fatal cases of this disease, it is only recorded in five that the patients had been previously vaccinated. As regards other e pid em i cs, meas l es carried off 29 children, scarlatina 19, b eep i ng-coug h 43, and croup 10, these complaints not differing m aterially from their several averages. Typhus number' 43 victims, the majority being of middle age; whilst , the average number in ten corresponding weeks was 37. Complaints of the respiratory organs are now less fatal, and have declined to near the average. Consump tion, under which a greater number fall than any other malady, was fatal to 124 persons, of whom 105 had reached some period of life between 15 and 60. The average of this disease, raised for increase of population, nearly equals 150. The births of 821 boys and 755 girls, in all 1,576 children, were registered in the week. The average number in six co rres p on di ng wee ks of 1845-50,was 1,373. The following selectio ns are made from the Registrar s ' reports:— In Pancras, subdistrict of Somers-town, at 23, Drum mond-crescent, on the 9th of February, a cab-driver, aged 32, was " found dead." The coroner's jury adds, " dis ease of the heart and mortal effects of the foul air of the room where he slept." Mr. Matthews states that he died in a back kitchen about 10 feet; three persons slept in one room—namely, the cabman, a stonemason, and a hair-bristler." In Pancras, subdistrict of Camden-town, at 23, Ashby street, on the 13th of February, the daughter of a labourer, aged 16 months, died of " bronchitis laryngtis, pneumonia (7 days), produced by inhaling the steam of boiling water." The child had attempted to drink boil ing water from the kettle. In the same subdistrict, at 4, iirpod'fi-place, Paradise -rote, on the 9th of .February, a , (From the Manchester Guardian of this day.) MANCHESTER, TUESDAY.—The continued inability to dispose of their productions, at any concessions pre viously made in regard to prices, has induced a willing ness on the part of spinners to accept terms to-day which they would not have agreed to last week, within i 3 d. to id. per lb. In some' , articles, particul ar l y warps and cops, the difference rather exceeds id. This has led to inquiries from the buyers, appa rently indicative of an impression that they are now perhaps nearer the point at which it may be advisable again to' operate more or less; and some purchases have been made, both for shipment and for home consumption, though the whole business of the day has been extremely limited. The impression above referred to has shown itself rather more among the buyers of goods than - of yarns; and the maneacturers have been able to effect some sales, without generally submitting to lower rates than they would have taken towards the latter end of last week. There has been a rather more general inquiry in this department, with some increase of purchases, and more of a disposition for business than has been observable in yarns. In both departments, however, there i s much i rregularity amongst sellers, with touch unsettledness of pur pose amongst buyers. It appears from the accounts brought by the overland mail, that the depres sion in the Boinbay market has increased; but from Calcutta the advices are better than the previous telegraphic ilotice had led people to expect. The market was very'quiet, 'but there was little altera tion in prices; and stocks and arriving supplies were light. At both places there was a monetary pressure, which had led the banks to raise the rate of interest. Letters from the United States also show an increased tightness in money matters, and much rates for loans. The accoants from China, we are happy to say, are more favourable than fir some time past, and caused an increase of business in fabrics suited fur that market. ROCHDALE, MONDAY.—WO have had an extremely dull market in flannelsi very few buyers have attended, and the business transacted has been of a very limited nature. The wool dealers complain of the limited de mand for the raw material, but prices remain stationary. MACCLESFIELD, TUE S DAY.—Tho manufactured goods trade remains exactly' 'in the same state as reported in our last, scarcely 'anything worth notice having taken place in the interim ; and production is going on, though to a more limited ex tent than has been the caso for some time past. Many manufacturers, however, anticipate a re sumption of business in the course of next month. The throwing mills generally continue to be well em ployed, and in this branch there exists a demand for hands; very littl e b us i ness has, however, of late been transacted in the thrown material; this, no doubt, being caused by purchasers waiting the result of the public sales of raw silk in London. The dyers are rather better supplied with work. We regret to have to noto a failure of 'a tbm here, engaged in silk throwing and manufathiring, whO stopped payment the latter end of last weele.."The liabilities are said to be upwards of 5,0001., buttikere is every appearance of the greater part being paisliiip, if time be allowed. The late failure of a firm in Minchleiter, engaged in buying and selling wholesale mantalic;ured.goods, will not affect the Macclesfield manufactuOri very much. HUDDERSFIELD, TUEOAY.—We have no new feature in our market to-day:.-' Business has been generally slack, there not having.:', been many buyers in the town. There has not been much 'doing during the week in the warehouses. The wool ftade is quiet. .HALIFAX, SATURDAY.--"=There has been scarcely so much business done in ditrlPiece Hall to-day, and the merchants are rather m6r6 shy of giving orders, espe cially for those fabrics which are partly made of cotton; but for damasks and loW"lastings there is still a good demacd. The yarn market Continues, languid; and the merchants are bidding lowCt l 'prices, to which the spin ners are unwilling to acekte. The wool trade is quiet, and, owing to the slacks` of the demand, wool is a little easier to buy. LEEDS, TUESDAY.—Thefe is no change to notice in the woollen trade since last week. The market has b6n dull to-day, but a fair quantity of goods continue to he delivered to order. Prices keep very firm, and stocks are lighter in the cloth 'halls. There is rather more doing in the warehouser; both for the home trade and for shipping. BIRTHS IN THE WEEK. Total ... ... 1,576 *ln this number are included 20 by Scarlatina, 43 by Typhus Fever, and 17 by Diarrhoea. ALARMING RAILWAY ACCIDENT.—BIRMINGHAM, TUESDAY.—An accident of an alarming character occurred to a goods' train at an early hour this morning on the Bir mingham and Derby Branch of the Midland Railway. Seve ral waggons and trucks were thrown off the line, and their contents were strewed on both sides of the railway. On the train being stopped it was found that the accident had been caused by the breakage of a waggon belonging to the Great Northern Railway Company. Two waggons belonging to that company were completely smashed, and seven or eight others, the property of the Midland, were damaged more or less. The expected up mail train from the north, due in Birmingham at ten minutes to two, created serious apprehen sions, and immediate steps were taken to prevent its ap proach. Communication with Birmingham by electric tele graph was completely cut off, inasmuch as one of the posts and the wires at the Water Orton station had been broken down, and for all immediate useful purposes destroyed, by the carriages coming in contact with them when the collision occurred. Fortunately, however, the messengers and sig nals succeeded in staying the progress of the mail train, and on its arrival near the spot where the accident took place the passengers proceeded to assist the officers and servants of the company in removing the overthrown goods and broken waggons from the line; but it was upwards of two hours and a half before the line was open, and the mail train able to proceed onwards westwards. THE THURGOLAND MURDER.—This mcst atrocious murder still remains shrouded in mystery. John Firth, the brother of the murdered man, who is in custody, was brought before the Barnsley magistrates for the second time on Mon day, and again remanded. The only fresh facts that have transpired since the termination of the coroner's inquiry have reference to the movements of the prisoner prior to his meeting with his brother on the night of the murder. On that evening he left his work about half-past six, but it was near nine o'clock before he met with his brother George (the deceased). No account whatever has been given, nor any mention made of the m ovements of the accused' between those periods. Since the inquest, however, it has transpired that about eight o'clock on the night in question he was seen at the Gate public-house, on the road to Dodworth (where he afterwards called, in company with his brother and a man named Trigger), by two men, who accompanied Frith, sen., front Penistone to Barnsley. The prisoner refused to allow his father to stay at the house, and accordingly they pro ceeded to the town, where he met his brother. On his return in company with his brother, about an hour afterwards, the prisoner delayed his departure until the rest of the company had cone, though some of them resided in the neighbourhood of the murdered man. It is thought that he then watched his opportunity, his brother being overcome with excess of liquor, to recover possession of the gun, and accompanied him towards Partridge Dale, where he lived. No trace of the gun has yet been discovered. Sir George Grey has offered a reward of 50/., on behalf of the Government, tor the disco very of the murder. LAW INTELLIGENCE. COURT OF EXCHEQUER, Fe& 18. ;Sittings in Middlesex, at Nisi Prins, atter Hilary Term, before the LORD CHIEF BARON and a Special Jury.) THE GREAT REVENUE CAUSE. THE ATTORNEY•GENERAL V. THE LONDON DOCKS C 035. PANT. For the eleventh time this important case came on for trial, and, as will be seen, was brought to a final ending. The LORD CHIEF BARON proceeded to sum up the evidence in this case at ten o'clock. He said—lt is sa tisfactory to think that as this case now stands no charge is made on the personal honour, character, or conduct of any of the directors of the London Docks. I should have thought it a national misfortune if anything like a system of plunder had been carried on in which the directors, or any of them, had participated. But I understand that the Solicitor-General disclaims any charge against the directors of the London Docks of having, as a body, acted dishonestly or dishonourably, or that their supe rior officers have sanctioned any frauds, either on the merchant or the revenue; but he says that a certain lax system has prevailed in the docks which it was incumbent on the Customs to put an end to. I say again, that it is satisfactory to know that he has entirely abandoned—not abandoned, but disclaimed any such charge as that which ho was supposed to have brought against the company. The course which I shall adopt in presenting this case to you will be this; I shall first call your attention to the manner of the discovery by the Customs officers of that which they considered irregular, and the circumstances of the seizures by them. I shall explain to you the application of the law to the facts and the several counts of the information, and I shall then leave the facts of the case to you, to whom their determination exclusively belongs. There are many facts of the case as to which the conduct of the Solicitor-General yesterday will materially tend to shorten your labours. He very properly stated some points upon which he considered the explanation given by the company was sufficient. We may at once dis miss from our minds the long episode of Davis's corner; it forms, in fact, no part of the investigation in which we have been engaged. It is a matter on which you need not be called upon to give any opinion what ever. If, indeed, it were necessary to enter upon it, I should be disposed to think, independently of any con tradiction, that there was great exaggeration on the part of the witnesses for the Crown. One,_ I think, spok e o f having seen tons and t ens o f tons taken there and con verted into wet scrapings. The whole statement, how ever, is so pointedly denied by such a number of wit nesses, who were acknowledged by the Solicitor-General to stand unimpeached in character, and who are of such respectability that it is impossible not to give credence to their testimony. It is plain that whatever may have taken place at Davis's corner, which might be deemed an irregularity or improper, as against the merchant, was without the knowledge or sanction of the company or their superior officers. The question that will have ultimately to be determined by you, will be whether the Customs were justified in seizing certain parts of the sugar and cocoa which are included in this information, and you will have to say what is your opinion upon cer tain of the counts with reference to those particular parts of the sugar and cocoa. But before I proceed to the facts of the case, I wish to address a few observations to you personally,: which I think are called for on the occasion. This is, I believe, the longest trial in the experience of the administrators of justice in the City of London. I think that the trial of Elizabeth Canning lasted seven days, whereas we have now arrived at the eleventh of this inquiry. The loss and inconvenience to you must have been great and serious ; but it will be a consola tion to you to reflect that, on this occasion, you have . shown that the valuable institution of which you are a part, that of trial by jury, is fully adequate not only to the ordinary occasions which arise, but to an important investigation of complicated facts, protracted over a period of many days. I must bear my testimony to the exemplary patience, intelligence, and attention which you have throughout exhibited. In the first place, I must say that there ought to be no removal of goods whatever in the docks unless under the sanction and eye of au officer of the Customs. The officer Cleaver appears to have remarked that certain bags were removed in a manner that excited bis attention. Upon this he told his superior officer what he had seen, and they went and in stituted is search. They found a considerable quantity of sugar and cocoa witich appeared to them to be good, sound, end merchanteble articles, of which the company's servants gave no account, or only that they were sweep ings; but subsequently finding in some of the cocoa a certain quantity of dirt, they abandoned that as pos sibly being what it was represented, but they hold the rest; and to this your opinion has to be given. Now, the Crown says some of these goods were never entered at all, and I own I my much doubt whether there is any evidence on this part of the case, and I think you may dismiss this from your minds. Some, they say, is found in the docks without having passed the scale. Of this there is some evidence, but not sufficient, I think for you to found your judgment on. Some, they say, was taken from the piles and carried to Davis's corner or elsewhere, and there dealt with as the property of the r 1,,,