The Sun. — London, England, 1850-02-13 00:00:00

THE SUN, LONDON, ji 11It t 1 „ A hg in g man not to b e cone inced thst the gentlemen osra,s had been struck off the list bad been re t:fr. iteeetnse they were ' Remen Catholics. Th apt m '; . c a l Ittee, setthin the lest te o }ears lad prevaile d in eolltie c ts, s, and the press nt case bt ing more or es Ifs eubl'e chsracter tl e eablic were justifi-d in heltev I t nt4 i that Mr. Keremis had been actuat, d by political en forreasOn why the ca . se . bad not been brought i n 1° trial was te cause the pleintiff had no confid, nee went' t4Rjury.—(ll( a-, t te he hear.) Ile admitted that the b a :, , read by the Soliciter• General, from Mr. Kemm i ~,, bee'nored from his mind the idea that Mr. Kenonts i . ed been 'calved by religious motives in striking the nine Tor t'! COI lice off the Ilse*. s u e • ATT ORNEY-GENERAL concurred . with the If lel IGeneral for Ireland in recommending the ti °4 1 11)43 ll•mber for Carlow not to press this . tho q,°4l;tic, ee nrotested against the House entertaining tf,._ ill of this description unless a distinct charge etu rrep t i, If were brought a;ainst the officers of the 11 If Roy course was more calculated than Moth er , ' f i ta wa s it would he th ' 0 sl'alse the confidence o cap ~ o r .I'l, Interference of that House with the ordoa b a e r e y o fo o r o m e- s betted on insuffi a, nt grounds. lie had had he s ti e i n his Political life with many trials, and i" aithrrpsittted to exercise the right of challenge. 11 ' f r u t h''' same rules of law to be applied in both Egg is. 4 s - tind Irelend If there were good objections to the ,_'-'ent 8 , 8 t • be sought for by a sier,' • em, a remedy ought to . h s e Inessur.•. With retard to this particular case, a en u e rd the lst ter of Mr. Kernmis, read by the Solicitor ki.Bll;,would satisfy all parties. t hat i t j u AIE agreed with the R ght Hon. Gentleman in t5,,,7 41 unwise to bring forward a judicial question lioned°44, except on specific grounds. The Right d gay s '"' e A t•orney•General had stated that he ha The re exercised the right ef challenge in England s ete te4B ° ll why it was not complaiidd of e in se this (Lel w ar ? because it was not unjustly exer i d two t chUnt r • le3 r.) There was no analogy between the , l on ijles With respect to the feelings of the people llkels subject. The reason why Sir M. 0 t uc g k off IlttinPil4B"cle ;rule to prohibit jurymen being Was a!” the ground of their being Roman a Catholics, r r i'ese u r i e Previous existence of the practice. Protestant :liste u erl eY bad been the great cause of the political 41 to 'etttl3f Ireland, and he trusted Governmen f t would lite ~,Zr,y Means of removing the suspicions o itie k r , S A 81 many of the people of Ireland entertained.. heens'.'MpLßlß, in reply, said that the question i had ties, It not on broad principles, but on techn ca e • hal ,; It al tering been stated by Mr. Ketuneis that s h e. csiiipst ff the Roneatt Catholic jurors bim on . 1 l ik it it 7 their religion, he felt bound to believe but Irel an d ll ' r y to think the statement would not be believed i tst 3/ 4411 the „'lotion. t • l lste t lif',ll, a in ian reference to an observation of the f aro itt"nber for Montrose, said that the Orange r pa G rt e y . irel „ It ° way connected with the Whig Solici o . .ne _ i tt ra the ci kt - ~, W . ..i t. b . the Government. That party complai d ;r o ll e 7 W ay that the Catholics complained in the 0 0 tj: 11 t hen withdrawn. t t(l ii tl4 ,,este e e w ° !i,ori of Mr. HUME, returns were ordered_ h, els. A , ite the grand trigonometrical survey of h ' r 'etit ,7440 returns of the nature and locality of a r e ll s / i ti n lnrr ,eYs undertaken by the East India Com kps„ ati tis , I I list ofall lighthouses, be icons, buoys, or i - 4, 0 1, d er - e e kk or ai d arks established by the East India Com iitliheErS, A IST r IV . PRACTICE (IRELAND) BILL.. bari ng lt ' )t. ,_of the day for the second reading of this NAboeen read, It 'k iN P -' ,I I : I ER had not a word to say against the i t ' i k : ll t li t- o ti n ",, in g, but wished . to direct the attention of the e o lea u nrable the Solicitor-General to the compens I:Ire ' " t , 118 , 9 with reference to two offices, one in the re ° e a i ' ea s d the other in the Exchequer, which Ittsetstpaertai!!redaaris freehold. Some alarm was felt by ti lt , ar opo e th at i n j ustice would be inflicted on them by k ili t r h. osfl ee B s e: larreegement. If they were deprived of hi, ll, lla uti they thought they would be idded to q ‘hd man On the principle Jai ow . n in the Act of 4 tl e a Victoria. He hoped the Right Honourable 11 Nit ii , o s o , . i . would consider the clause. t'; ii,e, , - - , CITOR-GENERAL said that the clause kli l ikay o' r4 Med on the model of the clause in the eke trod, to Bill. H. had no doubt that the Cornen kit 44°114 accede to the claim cf those parties when 1‘, 4 , an ?mile before them, but he could not at present .h t,, q4 Cr. Ple dge on the subject. The suggestions whic isel,:eeived since the Bill was printed would render Oil D O P Y first to be committed pro forma. He hoped 44 1 i clt6 irlie too early asday for the Committee when Itio scl M eer , kte it lre tt a s-cilay, the 25th. e gin i 4 sec end time, and orderel to be committed .4 . )01, 0 1 02 OP CHANCERY (IRELAND) BILL. • L 'lie l - ,ger of the day for the second reading of this re, I V been read, a to. PrierillNEß said h e was as anx i ous as his Right k" of tb ' could be to lessen the delay and expense not _ Olst,d; co urt of Chancery of Ireland, but also of t , t , l orti i , itr4l hoped he would either immediately _ before a t, ttr 4 i ai d ter Easter be in a condition to introduce _ ill i oa . w'th respect to the Court of Chancery of kt 41 4,0 - laving stated that, he might add that l ky til l ) Pi h i ° ' which he desired to apply were, in N it ta, i on ' sound and practicable. He must kteill % 171 his judgment, the remedies proposed in lod'seto,,e,re calculated to do more mischief than good, t he , t he more delay and expense than occurred te a „test; Present system. He spoke without the f ite;,rettgreiudiee on the subject, for the very scheme o iot-Pd Fartßls3' N'titior, on which this Bill aas founded, kt° l 4c " the original plan which ho intended to i til kiktia t : h fort'se reform' s f the Court of Chancery of It'e ti4 te te rm{„ which, after the fullest consideration, he l' . It'e r eSi:" to reject, and adopt another. In the 14t r's ,., bet ween t t t' , ll° uld like to know what d p ifferenc o t o y e ! . 1-PPOSite , -" ,, , , e Proposition of the Righ. H iie' ll e e WAS 6, - "„''' the present system; . at present the the pro kd m t he lii ' i ll, but did it differ from the petition 1 110 Ill e hit t 'gilt . lion. Gentleman proposed to substitute, it: l 4 l lt it w'°Rstories which he proposed to add? de t :: of a . n 4B merely giving another name to the same "ii,: tt eder -ce s e diri,g, with this vital inconvenience, that se _ ~I t i l. `; the ~,-;;; °,Y bill must have the sanction t.i. "a t n th i e ,ttitseer, 01,r-talon might be proceeded with without tt ld % ke i sit r e°ll nsel and anything might be inserted . by SIT, duo'°',l3llllleree d Again, by adopting the peation 1. 5 4; 4 4 4 advantageelt s , l g t , il i e hel ar. of cross - examining witnesses The Court of Chancery of Eng t,l'ltotht,_ lte ea , lll ou r tse oat a . djudicate with respect . to rights . C 4 tl7 ° Y s e "l e nt of. perhaps, 50,000,000/. a }ear, and e La ih t 4 might ° a diudicate on affidavits only? s° m ph- ma n} , be convenient to proceed by affidavits, !It ll tea eases it would be impossible, and . th a e It w 441 ultimetely be obliged to proceed by te l4 lli s i/ ktiy tt :, It ett l aly proposed in the third clause . to N I - Pre& ":,nge of the proceedings, to a party object ti ie „! by petition, the right to appeal to the let,4 l :teh' lt `elk the proceedings, and the . Court might tl ola Il e n Order. Shorten the proceedings as they Nltestea t i t otild agree, if it could be done safely, but ' o li I w'n Pla cetheCourt of Chaucery in a state t sit ~."itt ,( 1 feel uncertainty as to the course of t „lt tl i" t ra ß i ci ne of the great evils of the Cowl of Otis, w oul d bran the too close observance of the rule Oi l d,' e , In e ',".° no justice unless it could do complete OIL ti lte tb e 'r ~, arising out of the construction of wills ekte,: 4 (te en ' rd Chancellor required the production VI to , , It -Unt s of every estate before he could hich ande ,4,hialkipeaco'es occurred almost every da3e 1;:„t0 t°111 ( 11 1 ,°_ e 5 :7 that, in andttt present .at oe in a ta w te Of the parties must tol t . lts ~nitee ei t', 7 . r 2 opinion, w,t. b that the case went tt the nu. 1 , tr _ The result 4 7for,',litc hundreds of d p , oints had te the i k, l 'ste , i ,,,,` , could be decide whe'ber tho residue 6 i„ Wi th " vested or not. He particularly alluded 41.4 , 415, r.i:ence to the rights of married women 11se0 mi g h t tile present Bill it was proposed that killa °t ill r t a n' , by petition, praying for the . opinion t t ld o llt oil 4 4 special case. The Court might give_ Iliillitof eke att elk Petition, and this judgment would t o `la t Aet i ePtrsons as the Court directed ; or in . de b iiiO 4 "irection would bind all persons presenting k it , lv t ,i t , 4 's• t he e 4 PPeared, therefore, that masters were ettie N t teepr'wer of deciding on the rights of parties t elapses pr 4141t3ances the least calculated Is ensure s s tr te i r s ei i‘ei l l i llit k ° ,.: 1 3' . might . for instance, go to a I Rtit sh rei)t,on in a case affecting the interests ma , Am 'oat p,ot h; e ll h,. fro m this country, while that child yea i •Oti wi th " return that judgment had d been given t f %li lti n % „ r ota big having received any notice . of th e .. t tii i egb."°w be said that that was a syetemr or ,4td_ e'ar'th 1•1 4 It ~, lie r i ttti that House ought not to sanction. Acts_ li s : ittr, l k le l ' ° lt ought to be more carefully prepared, k i l l It „ t eed ill3l°'sible that their legislation could other- Ottl cat l ast 4 that manner. Why, there had di le th las i Ne e ee Year in which, alter a Bill had been ittti' l lajter eih l irke of the session, it had been found ex- We st 'n sit„_4 close of the session to introduce another the c' Col )r a ' i nd i hei e r '''''se °ln Which its provisions had been framed. h a tt kt, t et i.ider their consideration would enable n-r,otaPNlts,"Ticery, without notice to any human st '11:t Anil tatif 1 , 1 . Master a case for which the decision of , i t 'le f db e QM been asked, and by that means the ih ttlrt e6nlictioilon3Povvered to escape from the discharge %Is ti 'cl i , with which it was entrusted. Tbo f itt er sl4 4 lll s 4 .m. et let the master do as he might please l'el„• jiltnat aes'inlv, he said, with all due respect, .that eei . k e ll, b Y 11 , 11 P p art Ption was a disgrace ts the Legisla trssd, 'ltch th e ° f the Bill was there to be found any lePti thatle s , ,eolliduct of the mailer was to be re -1,1, ti br it h e :It'd suggest to his Hon. and Learned kiL't at e gill 04ghl either to withdraw that measure i14%,,f', whip.hat r h' e Of a more safe and practical charac 'Sts„L4 a„,:ti migh t oaght to refer it to a Select Com tlf 'tie `""4 th e ''"t come to some more satisfactory con stslaill I n p r matter. It was his (Hr. Turner's) th,i6lerciltehi,R°;-'3eed with a Bill for improving the mode ta ,414 aid he b usiness in the Court of Chancery in i t esl r a k - i, ° f th; r ,"°Ped to be able to lay such a Bill on kiloki'ltt-",.?rtly-.7.'°use, either before the Easter recess, key ricna",l'er• But he could assure his Hon. and lit; , ,S) , ' l „ 4 ssi t. „that he should be most ready to offer Itt;le - sti 3 r ; t ': o in his o r towards the preparation i,'4,4411 t o ' 'rftmed folt3. I: v t:imilar object, for his only le se r: 4" the defects ef the present system iti:ltettOttr.p. ttiOo k l t the .;;011-GENERAL said he was well th l it et sad e 'ervetions which had just fallen from 4 th le ll illh lt b terY' e e a r r n . 2 . d Priend were . bu . t the commence kt betst, ~t). 4n,i z41,1t II Pasti,," B ' 4l. deal . of opposition to be . given to till',oo interested and less intelligent IN e sti l ala 4,4 eternal Friend upon the subject. 4 4,1 1/ t t ist;ri e a h '4 that the strictures of bis don. and Nti`lttr oft hi s "Y i 44 3 - way convinced him of the e,lis ti 4 ea pri. withdrawing the measure, His Hon. rit e .ao t ,Ela b b. j rl!I had said, in the first place, that a h a it alp. ,Ivetionitsi, b e , • • n l ' r ul el se th e ' a Ise, in point of fact, it 'To a 4 n a bill. But if it were nothing ka t ltt tl tll,tl ern e mi'ra objectionable than a bill. His ti ) ,, , Y t n i u _l t he, e l',"eed Friend had said that a petition 4_ llof e reaun_nri sanction of counsel; but it would be 0 4 4 , t oll 4te '," 8. provision declaring that the signs 'l,2 r tx on : .1.111,!aild be attached to each petition. NI °p et lin._,ei Learned Friend had stated that '"el:tleattl ° light be introduced into _ co' tit n. That was, no doubt, true; but it was equally raw that the Court would be able to erase such sr:At:l:news. There was this v. , ry important difference between a petition and a bill, that the costs, at least in Ireland, in ease of a bill, were in proportion to its length, while that et as not the case with a petition: and one of the most important reforms that could be mace in any judicial system was to make it the in terest of the parties who prepared the documents not swell them out t) an unnecessary length. Another ob jection ( f his lion. Friend was that under the bill there would be no cross-examination ••tf witnesses. But, in the first Vale, he should observe that such an examination m ght take place on the deposit . ons; and, in the next place, he would remind his Hon. and Learned Friend and the House that so preposterous eras the system :of exa mination before the Court of Chancery that Mr. Bell, a high authority upon .the subject, had stated before a Commission or a Committee of the House of Commons that he never, under ordinary circumstances, cross-ex amined a witness, lest he might thereby only damage his oen:case. His Hon. and Learned Friend hal further:com plaited that any person might present a petition against an infant, for instance, in his absence; but the inf►nt would be represented by his proper guardians. and it could surely matt r little whether or not he was himself present at the proceedings. His Hon. and Learned Friend seemed to apprehend that cases would be impro perly ref.•rred to the masters, but his Hon. and Learned Friend must be aware that in those matters something should necessarily be left to the discretion of the judges, and he certainly thought that they might invest the judges with the proposed power without any apprehen sion of its being improperly applied. His main object in introducing that measure was to dispense with cum brous and unnecessary proceedings before the Court of Chancery. The present system in that Court operated in many cases as a denial of justice. It had been stated by a gentleman of the very highest authority upon that subject, Mr. Pembert ,n Leigh, that no mau in his senses would recommend a party to carry before the Court of Chancery a case in which the sum at issue was less than 9,0001. Ho said that such a fact was a disgrace to their judicial system—(Hear, hear)—and that they ought to remedy the abuses which produced it. But they could not attain that object better than by entrusting the judges with a certain discretion as to the mode of trying the cases which might come before them; and he be lieved that no men were better qualified properly to use that discretion than the present Lord Chancellor and the Master of the Rolls in Ireland. Let the House listen to an instance of the abuses which prevailed under the pre sent system. A man who wanted nothing but a more account filed a long bill, stating various proceedings in which he was interested; after the lapse of three months a long answer was put in; six weeks or two months after the bill was amended; a second answer was put in; a replication was filed; briefs were given to five or six counsel with considerable feea; and when the ease was called in court one of the counsel for the plaintiff rose and said that that was a common administration case, and asked for the usual decree, thus showing that all those costly preliminary proceedings might have been dis pensed with. He said that abuses of that kind ought to be remedied, and that the plaintiff ought to have had the power of asking for the usual decree without having had recourse to all those cumbrous and unnecessary forms. The wording cf the Bill might be imperfect, and he should most gladly receive any well-considered sug gestions for its amendment; but he believed that it con tained many useful provisions, and he hoped that the House would support him in his proposal for carrying it into Committee. He felt assured that, if he were to receive the co-operation of gentlemen capable of afford ing valuable aid in the framing of the measure, it would be productive of much benefit, and that it would remove crying evils which at present disgraced the Court of Chancery in Ireland.—(Hear, hear.) Before he re sumed his seat he wished to say a word upon what had fallen from his Honourable and Learned Friend with respect to what his Honourable and Learned Friend had called an act of disgraceful legislation last session. It was true, as stated by his Honourable and Learned Friend, that in the course of the session an Act had been passed, which before the session had closed it had been thought desirable to suspend by another Act. But the facts of the case were not, he believed, of the discreditable character which his lion. and Learned Friend appeared to imagine. He had no doubt himself but that the Act in question had been framed in a man ner calculated to attain its object; but as some gentle man, for whose opinion he entertained considerable re• spect, had arrived at a different conclusion, he had thought it advisable that the operation of the measure should be suspended for a while, in order that time might be afforded for the consideration of the matter. He did not think that such a circumstance merited the censure with which his Hon. and Learned Friend had visited it. Mr. TURNER said that he had not applied the word " disgraceful" to the Bill of last session, but to the Bill then under their consideration; and in using that word be had not meant any personal offence to the framers of the measure. He regretted that he had at all referred to the Bill of last session. On the motion of an Hopi . . MEMBER the House was then counted, and there Leing only twenty-five Members present, an adjournment immediately took place shortly after Half-past Nine o'clock until Two o'clock to-morrow (this day). ; TO .THE SECRETARY OF THE BRADFORD REFORM ASSOCIATION. Sir,—On Monday the 1 1 th, a special report was brought up from the Public Petitions Committee, resolving, " That the petition from Ceylon, purport ing to be signed by thirty-seven thousand nine hun dred and sixty-five inhabitants of that colony, set ting forth various circumstances connected with the late riots in that colony ; complaining of the measures that were adopted by the C-overnment, and of the severity and illegality of the punishments in flicted upon the offenders, under colour of martial law; and also of grievances under which the inhabi tants cf that island suffer, and praying for redress, which was presented upon the 6th day of this instant February, is a petition which ought to be printed for the use of members only ; and that a special report be made to this effect." Whereon the said petition was ordered to be printed, for the use of Members only. A very ugly demonstration. " Excuse comes prologue ; ' or, more properly, prayer that the charge and evidence may go to the smallest number. There must be something very curious and interesting in this petition from Ceylon ; and by some of those wonderful concatenations by which a King's speech, like a last dying one, is found in print before the speech is spoken, it is ten to one if the public does not in the end come to know all about the matter. _ . The same evening, the 13111 was read a second time for repealing the Act of George IV., which directs the Treasurer of the Navy to sit like Djezzar Pacha, and give so much a piece fir the heads of anybody called pirates. The Government are manifestly in earnest in repealing the Act; but they admit that 100,0001. is to be paid for past decapitations, and that they see no n'aeans of hindering it, inasmuch as the terms of the Act have been complied with. There will be an opposition to this payment; and its chance will depend upon showing that the people in question were not such as were contemplated by the Act. The Act was made to put down collections of men of no country and no political existence, who, in the confused period when the new Republics of South America declared their independence, used these new South American flags for a cover when it might be useful to them, and robbed all and every body when they had the oppor tunity. The present parties, who do not seem to have harmed a little finger of their assailants in re turn, were small independent tribes, carrying on petty wars because unable to carry on great ones, and not stated to have been found in the act of committing hostilities against British ships or territories. On Tuesday a debate on the motion for second reading of the Court of Chancery (Ireland) Bill, had the effect of reducing the Members present to twenty five; whereupon the House was counted out. I am, Sir, your obedient servant, AN OLD REFORMER. London, 13th Feb., 1850. STAG HUNT EXTRAORDINABT.—About tw• o'clock yesterday afternoon the inhabitants of Camden-toWn were astonished at the unusual sight of a fine stag, or red-deer, running at full speed in the direction of Somers-town, with five hounds in full cry at his heels, fultowed by one solitary rider and the huntsman, on horses that had evidently done a hard day's work. It seems that Mr. Bean's hounds had met at Hendon, whence, in a circuitous route, the stag broke away for Finchley-common, skirting Coldfall's-wood, past High gate, and thence over the fields to the metropolis. He entered Somer's-town by Brewer-street, through Skin ner-street, Phillips's-buildings, and Wilsted-street, finally crossing the New-real with five hounds close at his haunches. He here made a bolt at the iron-gate leading through Mabledon-place into Burton-crescent, but being headed by two of the hounds, and terrified at the number of vehicles passing the Now-road, he dashed through the open gate facing Messrs. Prior's stove-grate manufactory, whence, seeing the shop-door open, he darted into the house, and was there speedily secured. The unusual sight at.racted some thousands of persons, and it required the assistance of a strong body of police to preserve Messre. Prior's railings from destruction. Such was the curiosity excited on the occasion that num cf women and children paid a penny each for ad mission to the yard, to see so strange a visitor. The run from first to last was over not less than thirty-five miles of ground, and, although a strong field had mus tered in the morning, dogs and horses were all fairly beaten except the small remnant who cams in at the take. The stag was carted-off from his resting-place about six o'clock, amid the cheers of many hundreds of spectators. - THE WRECK OF THE PALMYRA.—IMPORTATION or THE CARGO.—Tho steamer Seine, arrived in the river from Boulogne, has brought 516 chests and 37 bags of tea, and the steamer Albion, from the same French port, has brought 1,009 chests of tea, 53 packages of China ware, and some other merchandise, being portions of the cargo of the ship Palmyra, lately wrecked off Boulogne, on her passage from China to Lo n d on . A not h er por tion of the cargo, compr i sing sev era l h un d re d pac k ages of tea, had previously arrived by the steamer City of Boulogne, consigned to the proper parties in the me tropolis. An idea of the extent of the mischief committed during the days of February may be form e d f rom t h e fact that the Court of Liquidatina of the Civil List is about to sell by auction 50,0001 b. of broken glass and crystal, belong ing to the furniture and services of the old Palais Nation al. Broken porcelain has been already sold for 6,oooC—Galignani's Afessen,ger. LAW I NTELLIGENCE COURT OF COMMON PLEAS, Feb. 12. (Sittings in Banco, after term, before Justices MAIILE, CRESSWELL, WILLIAMS, and TALFOURD.) MAURICE V. MA.RSDEN. This was an action tried at the Flintshire Summer Assizes f)r 1849, in which the verdict was found for the plaintiff—ds.tuw,pos 441. 12c, with leave to move to re dact) the verdict. A rule nisi having been obtained on a former day, Mr. Welsby and Mr. Townsend appeared to show cause against the rule, and Mr. Crompton and Mr. Wynne Edwards in support of it. It appeared at the trial that the defendant was an hotel-keeper at Holywell, and was in the habit of run ning an omnibus from the railway station to his hotel, and in doing so he had to pm , ' through a turnpike ga'e called the Greenfield-gate. Under the Turnpike Act, giving power to exact the toll at that gate, vehicles car rying passengers for hire were liable for toll each time they passed through tile turnpike gate; other vehicle► only paid toll once, which freed them for the rest of the day. As the derendant's omnibus plied to the station and back a great many times each day, he bit upon the expedient of having a spring cart to follow his omnibus, in which ho carried the passengers' luggttee, coats, sticks, and urnbrellsv, making a charge of 6d. for the luggage of each passenger, or where there was no luggage for a walking-stick, umbrella, or coat, as the case might be, and carrying his passengers by the om nibus fir nothing, as a means of evading the repeated toll. When the toll-keeper demanded toll fir an om nibus full of passengers, he was answered by the dri ver, " Oh, you have no right to toll from me, I carry my passengers to my hotel for nothing." The spring cart carried no passengers, and was only liable under the statute to one toll per day. This went on for some time, the toll•keeper ceasing to demand toll on being always met with this excuse, but keeping an ac count of the number of times the omnibus passed through the gate ; and eventually an action was brought against the del,ndant to recover the amount, and the verdict went against him. In support of the rule the Learned Counsel contended that a demand of toll was necessary IR bra the toll became due, and that the gate either ought to have been shut against the defendant, or a demand of payment have been made each time ; otherwise a man might pass through the gates as far as he knew free, and afterwards be subject to an action for toll. The COURT thought there was no ground for main taining the rule, and that it must be discharged ; for if a demand of toll were necessary, there wat abundant evidence t., show an evasion of the demand. Rule discharged. COURT OF EXCHEQUER, Feb. 12. BROOKES V. ROOKES. This was an action in which the plaintiff sought for damages from the defendant, a clergyman of Exeter, for the seduction of her daughter. The case was tried at Exeter, when a verdict passed for the plaintiff for Md. Subsequently a rule for a new trial was obtained, on the ground that the verdict was excessive and opposed to the evidence. When the report of the Learned Judge, Mr. Justice Williams, was read to-day, in which his Lordship intimated that he was dissatisfied with the ver diet, and that the damages would not hate been so high had the jury attended to his observations, Mr. Baron PARKE said, that he thought there ough o be a new trial. Mr. COLLIER and Mr. KARsLexu, however, claimed the right to show cause; and thereupon proceeded at some length to contend that the rule ought not to be made absolute. The COURT, without calling on Mr. Greenwood to support the rule, said that the facts of the case, coupled with the affidavits filed by the defendant, called for a new investigation. Without at all saying what would be the result of a new trial, it was sufficient to state that the case ought to be submitted to a fresh jury on payment of costs. Rule absolute for new trial. COURT OF BANKRUPTCY, Feb. 12. (Before Mr. Commissioner FANE.) THE CREMORWE GARDENS. IN THE BANKRUPTCY OF JAMES ELLIS. This was a meeting for the adjourned last examina tion of the bankrupt, who was extensively engaged in various speculations connected with public, places of amusement. He was the lessee of the Adelaide Gallery in the Strand, and of Cremorne Gardens, Chelsea. He supplied with refreshments the saloons of Her Majesty's Theatre and of the Lyceum Theatre. He catered for Crockford's Rooms, for the balls at the Princess's Con cert Rooms in Oxford-street, for the balls at the Han oler-square Rooms, and for the La/ masque in Covent garden. Some of the items are interesting. When the bank rupt took Cremorne Gardens there were old debts due upon it to the extent :,'of 1,885/. Mr. Nicholson was the former lessee. He lost by the Adelaide Picture Gallery 377/. He expended in building and improvements in Cremorne about 8,0001. The refreshments sold at the Adelaide Gallery amounted to 5,9821. The receipts for refreshments at Cremorne were— in 1846, 8,6261.; in 1847, 10,9571.; in 1848, 9,7191.; in 1849, 11,444/.—during the five years, 40,8011. The sum raised for refreshments at the saloon in the Opera daring the years 1846, 1847, 1848, and 1849 was about 1,400/.; for ditto in Crockford's Rooms, in one year, 2601.: for ditto at balls in the Princess's Concert Rooms, 106/. • The receipts for admissions at the Adelaide Gallery were—in 1846, 2,4414; in 1847. 5,6191.; and in 1848, 4,0031. There was a profit on the sale of bills of 831.; and from the rent of the cloak-room in the Adelaide Gallery a profit of 193/. was raised. At the same place of amusement 1,056/. were derived from the rent of re served seats during the years 1846, 1847, and 1848; and 871. from the rent of the likeness-room. At Cremorne the panorama Mexico brought in 2141.; Batty's tournament, 865/.; Dubourg's exhibition, 51.; upon advertisements, 3,000/. were expended; the atrical salaries, 4,5001.; firework., 1,2001. ; theatrical band expenditure, 4,8001. ; tournament expendi ture, 5001. In 1846 admissions at Cremorne made 3,181/. ; in 1847, 5,0451. ; la 1848, 4,586/.; in 1849, 5,199/. The balloon expenditure was 2,400/.; gas, 1.2001.; the improvements at the Adelaide Gallery cost 4201.; the law expenses are 2,600/. Upon the whole there are unsecured debts to the extent of about 17,0001; and secured debts, 12,0001. The principal, if not the only assets, are 2,0001.1 which Mr. Simpson, the execu tion creditor, who had possession of Cremorne, will, it is said, pay into the assignee by way of a compromise. Mr. Hutton has been directed to pi ewe the balance sheet. Mr. Liwranco supported; Mr. Taylor appeared for ,he assignees. Mr. I.AWRINCE in support of his appli ca ti on f or an adjournment, stated that the bankrupt, with the assist ance of Mr. Hutton, his account,,nt, had been at work night and day since the last examination, in making up the books and preparing the balance-sheet. The ac counts had been so imperfectly kept by those to whom they had been intrusted, that, although the materials were abundant, a considerable time had necessarily been occupied in arranging them. An adjournment was therefore ordered, at the expense of the estate, until the 26th of March. The official assignee stated that the amount of ti :e a;sets in hand amounted to about 9001, and that a fur ther sum of 1,0001. was expected to be realised. It was further siatc'd that the unsecured debts proved and prov able against the estate amounted to about 10,0001. A long discussion ensued, respecting a proof for more than 1,0001., which was resisted upon the ground of want of consideration and of usurious interest. The proof was tendered by a Mr. Foulkes, who, it was al leged, charged an enormous rate of interest. The CoSIMISSIONER, however, directed Foulkes to furnish a full and particular account of all his transac tions with the bankrupt, and the meeting was again ad journed. (Before Mr. Commissioner HoLBoID.) THE DARTFORD SAVINGS' MANIC.-IN THE NATTER OP 73SEPH JARDINE. A petition fir adjudication in bankruptcy was this day opened against Joseph Jardine, of Dartford, in the county of Kent, linondraper, whose defllcations as ac- tuary of the Dartford Savings Bank have recently ex cited considerable interest. _ _ _ The petitioning creditors were Messrs. Leaf, Smith, and Co., of Old 'Chang". The act of bankruptcy was the execution of an , assignment by Jardine, on the 6th of February inst., to 1 Mr. Charles Colyer, of Dartford, of all his estate and effects. The assignment contained a recital that the said Joseph Jardine, in his capacity of actuary and manager in the bank for sivings for the town of Dartford and its vicinity, had received and neglected to account for divers sums of money, amounting in the whole to the sum of 2,0001. and upwards; and that, being unable to refund and replace the same, had proposed and agreed to exe cute to the said Charles Colyer, as a trustee for and on behalf of the said institution, the assignment of all and every the estate and effects of him the said Joseph Jar dine thereinafter mentioned upon the trusts thereinafter expressed. Mr. LAI/RANCE, who appeared on behalf of Mr. Hay ward, the solicitor for the trustees, who had been sum moned to prove the execution of the assignment, ob jected that there ought to be no arljudication, inasmuch as by the 28th section of the 3d and 4th William IV., chap. 14, it was enacted " that if any person already ap pointed under the provisions of the Act of the 9th George IV., or who might thereafter be appointed, to any office in a savings' bank, or in a society established under this Act, and being intrusted with the keeping of the accounts, or having in his hands or possession, by virtue of his said office or employment, any moneys or effects belonging to such savings' banks or society or any deeds or securities relating the same, shall die or ',become bankrupt, or be placed in eertain other described situations, his executors, administrators, or assignees, or other persons having legal right, or the sheriff or other officer executing such process shall, within forty days after demand made by two of the trustees of the said savings' bank or society as aforesaid, deliver and pay over all moneys and other things belonging to such savings' bank or society to such person as the said trustees shall appoint, and shall pay out of the estate, assets, or effects of such person all sums of money remaining due which such person re ceivel by virtue of his said office or employment, before any other of his said debts are paid or satisfied, or before the money directed to be levied by such process as aforesaid is paid over to the party issuing such pro cess." He contended that it was quite clear that all the assets proposed to be seizad by the messenger under the bankruptcy would be solely applicable to the payment of the deficiency due to the savings' bank, and that those assets ought not to be chargeable with the costs of prose. cuting a bankruptcy which could not result in any benefit to the general creditors. Mr. JONES, the solicitor for the petitioning creditors, having objected that Mr. Lowrance could not be hoard at this stage of the inquiry, The Learned COMMISSIONER held that all he had at present to inquire into was, whether the ordinary re quisites of a bankruptcy were proved, leaving the dis potal of the assets for subsequent discussion. L'EVENING, WEDNESDA The zdjudication of bankruptcy was thereupon male. Mr. Edwards is the official assignee. POLICE INTELLIGENCE. MANSION -HOUSE. • A young man of respectable appearance, who gave his name and address to Alderman Carden, made applies- Om under ♦ery singular circumstances. He had, he said, written to the Secretary of State for advice in what manner to proceed in a case which had in the part of the country in which it occurred excited a great deal of surmise ald conversation. A lady to whom he was to have been united in marriage sud denly died about the middle of January. He had been for some time paying his addresses to her, aed the marriage was to hare taken place in a few days, but her mother and step-father, who were opposed to the match, had placed her under violent constraint, and the rapid approach of death, together with a variety of circumstances connected wilt that event, led to the suspicion that the lady had bean prematurely hurried out of the world. The belief that the unfortu nate young lady had not died a natural death gained ground from the fact that one of the domestics, who had whispered that she had been cruelly treated by her mother, and that her father-in-law had sworn that he would hang her rather than that the marriage should take place, was dismissed from the service. Shocked and afflicted by such intelligence the applicant repre r speted the various matters which had come to his know ledge to the co; one-, who was disinclined to hold an in quest upon the body unless firtified by the opinio❑ of tae medical attendant of the deceased, but the physician upon being waited upon declined giving a certificate as to the ne;essity of such a proceeding. Several of the residents of the neighbourhood joined in a requisition to the coroner upon the subject, on the ground of public justice; but whether an improper influence had been exercised for the purpose of stopping inquiry, or means of prevention had been adopted in any other way, cer tain it was that the coroner persevered in his cl,t Irmina tion not to summon a jury to inquire into the remarkable circumstances of the case. Alderman CAItDEN—What was the opinion of the medical man who attended the deceased? The applicant —He said that she died of a disease of the brain. I had not seen her for six weeks bef me she was taken ill, and she died three days after her first attack. Alderman CARDEN—Had she any property? The ap plicant—She was to.have come in to some property in a very short time, and she was about twenty-seven years of age. The property she was to have inherited from her father. Sir George Grey, upon reading the state ment o• the facts which I have represented advised me to apply to the magistrates; but I apprehend an application to them would not be so effective as an application to the Lord Mayor or his representative, and I therefore deter mined to come here. It is necessary that I should state one fact of a singular nature. The vault in which the deceased was buried was opened in the night, and next day I was charged as one of the violators of the sepulchre. Alderman CARDEN--IG is quite impossible that the Lord Mayor could interfere in a matter of such a nature wholly out of his jurisdiction. I would have you apply to the magistrates of the district in which the lady died, if you are not satisfied with the result of your appeal to the coroner and medical men; and I have no doubt due attention will be paid to you in such a case by every gentleman in the commission of the peace. GUILDHALL. A young, innocent-looking girl, aged 17, named Fanny Harnsworth, was'charged before Mr. Alderman Hunter with stealing,a victorine, value 35., the property , of her master, Mr. Moses Solemons, of No. 3, Little Britain. After hearing the evidence, Alderman IluNTErt said there were so many contra dictions te:-ween father and son, that no twelve men would ever believe that the prisoner was guilty of such a charge, when any one else might have placed the vic torine where it was found. There was no foundation fur the charge, and the prisoner was discharged. There was much applause, which was instantly sup pressed. _ _ Mr. Robinson said, that now he intended charging the son, Joseph Solomons, with the crime of rape. Alderman HUNTER inquired under what Act he did so. The Chief Clerk said that an Act of Parliament came into operation last year, called an Act to " protect wemen from fraudulent practices for procuring their defilement," whereby it was enacted " that if any person shall by false pretences, false representations, or other fraudu lent means, procure any woman or child under the age of 21 years to have illicit carnal connexion with any man, such person shall be guilty of a misdemeanour, and shall, being duly convicted thereof, suffer imprison ment for a term not exceeding two years, with hard labour." This case, as fir as be (the chief clerk) had heard, was the first one under the new Act, and was Ten' important. Sir. Joseph Solomons was then placed in front of the dock, and the first witness called was Henry Webb, who stated that the girl said in the presence of Joseph Solomons, that he came to her bed room and put his hand over her mouth. She called out, and his sister, who slept iu the next room, asked what was the matter, When Joseph replied that be was calling the servant up. He did not contradict the girl, but treated the whole affair in a light off-handed manner. She spoke to him and accused him of coming to her bed room on Monday night, and defied him to deny it, which he did not She further added, that he passed some thing over her eyes and nose, which took her senses away, and he then ruined her. Alderman HUNTER—UntiI she charged the son with ruining her, was any charge of filony made against her? Webb—None whatever. The girl also, in the presence of Mrs. Solomons, told me she had informed her of her son's conduct, and that Mrs. Sulomons said, " WeP, I suppose he did not kill you." Alderman HUNTER—Did Mrs. Solomons deny it in your presence? Webb—She did not. Joseph Solomons—Did not the girl say to me in your presence that she had said,' If you will not come to my bed, I will come to yours?" Webb—Nothing of the sort was ever uttered. Fanny Harnsworth was then sworn, and said—l am in the iervi, e of Mr. S o l omons . O n Sunday week the defendant came to the kitchen, and said he was coming to sleep with me. I said he should not coma, and went to bed alone. There is no lock to the door. lie sleeps on the third floor, and lin the room above him. I was awoke on Monday morning week, about half-past six o'clock, by finding some one in bed with me, and then saw it was Joseph Solomons. I told him to leave, when be took improper liberties, and went down stairs. He had effected his (*jeer. He held his hand over my mouth. His sister called for me to get up, and he said be was getting me up. Alderman HUNTER-Why did you not tell your mis tress? Complainant (innoceitly)—Because I thought he would not repeat his conduct , ald I did not wish to family; but I told my sister the same night. The last time h e repeate d hi s con d uct make a disturbance in the was on Sunday night, when he got into my bed and put something to my mouth which took my senses away. By the ALDERMAN—I was CODFCiOUS till the moment was made aga i nst me o f ta ki ng w t h w ; a b t u t I w awsahs o p n s i a e c n e s d i b to o e my put his h N e o ndt)mY charge when he loft me. I don't k ni n o o u the tippet until I informed his parents of what hal taken place. This was about ten o'clock yesterday morning, and I was not given int) custody until five o'clock in the afternoon. In the morning I told his mother I I would not sleep in the house again, and she said " Oh, he did net kill you." Chic f Clerk—Was the prisoner present when you told his mother? Complainant—He was. Chief Clerk—Did he make any remark? Com plainant—He said I would say anything. Alderman HUNTER—Had he any handkerehi , f on his face when he lee; his father's yesterday? Complainant —He had; but he took it off when he went out at eleven o'clock, and when he returned, between ono and two, he resumed it. The defendant denied the charge, as an entire fa brication, that he ever used anything to steal away her senses. Esther Groins, the eider (a married woman), deposed to the complainant telling her of the treatment she had received, and she advised'her to infirm her master and mistress of it, which she said she would do. Mr. Robinson applied for a remand to complete the evidence. __ Alderman Ifusrrun said ho should most certainly re mand the case until Friday, as it was a most important one, and the first ander the Act of 12 and 13 Victoria, e. 76, which ho understood would havelo be adjudicated upon. As it was a misdemeanour he should take bail, requiring two sureties of 501. each, and defendant in 1001. The required recognizances were entered into. MARLBOROUGH-STREE 7 '. Mr. Lewis, the solicitor employed by the proprietor of the Saloon, Pi ccad i lly, yester d ay s t a t e d to M r . Bing ham that an unexpected-dif f icu lty had presented itself with referen ce to the contemplate d p roc eedi ngs i n an appeal against th e d ec i s i on g i ven by the magistrat e th e against the deci s i on , previous day. Th e proprietor o f the Saloon w as b e d • ridden in th e country; and as t h e A c t of Parlia men t re quired that h e s h ould enter i nto hi s own rec,guistinces within forty- s i g h t hours.,to. appeal this provision of the Act could not be complied with. Now, as the decision in qUestion affected hundreds of tradesnien in London, and as the proprietor of the Saloon was desirous of setting aside all technical points, and fighting the d ec i s i on on the merits of the case, he hoped the magistrate would give him his assistance to overcome t e h v e e Query f i ffiaccuillittyy hfoerhpardomseeenuttiionng an appeal. If the solicitor ed. Mr. BINGH AM was d es i rous o f aff,rding the defend an t would make a declarationnf the state of the defendant, and his inability to enter into the rec , gnizancee on that account, and would also undertake to enter into recog nizances for the defendant, he saw no objection to that course, although it was quite new in practice. Mr. Lewis replied ho was quite willing to adopt that alt , rnative, and would at once enter into recognizances for his client. He wished now to ask advice in another matter. It was clearly understood that the decision on the previous day was in the nature of a preliminary step towards a final decision by a higher tribunal. It w as also understood that the police were • not to act on the decision until the question had bean settled at the ses sions. But the police had takenupon themselves to pro ceed at once to act on the decision, and had gone to the Saloon the same night with a demand on the manager to turn out the women who were in the 'wipe. His advice to the manager had been to take no notice of the demand of the police, but to let the police proceed to turn the parties out at their peril. If the police did act, then he advised an action against them. Mr. BINGHAM had no authority over the actions of the police, and theref ire could say nothing in reply to the solicitor'S statement., Mr. Lewis thanked the magistrate, and left the court to enter into the required sureties to prosecute an appeal. CLERKEN WELL. William Edgar, alias William Beale, a well-dressed young man, was put a' the bar before Mr. Combe, charged with a burglary on the premises of Mr. James FEBRUARY ;3: — aB5O Starling, stationer, r,f Iliver•street, Islington; and also with assaulting Police -constable Joseph Bates, 414 N diva ion. with intent t, murder him. Imm,di;tely the prisoner was placed in the dock he was recpgrliz:d by Mr. Mould, the clerk, as an old and convicted thief and most desperate character. Inspector Gray, of the G division, said that a more daring fellow had not been prowling about London and committing depredations of an extensive description for many years past. On the 24th of August in lust year ho with another man named Blackwell broke into the premises of Mr. Raheire, furrier, of 322, Oxford -street, at midnight, and being disturbed by the police the accused jumped from a second-fl 'or window and in jured his leg, which led to his capture, while his wretched companion, who dropped from the roof of the building in the hope of escape, was killed on the spot. The prisoner on that occasion was removed to Middlesex hospital, and placed under the surveillance of a police-officer; but he mana'zed to escape from that institution a few weeks aftsrwards, and wtri recaptured in September following in Spitaffields, by him (Inspector Gray), with assistance, after a severe encount r with hint and several bull- logs; and he waft f 'WI with conveyed before Mr. llardwiek, at Marlt - to rough-street, who, in conievenec of the fatal catastrophe which had befallen his companion, found a difficulty in the case, notwithstanding a burglary was proved to have been committed at Mr. Raheiro's, and a summary conviction of three months, with hard labour, was the result. Sergeant Dyer, of the E division, inf ,rmed the worthy magistrate that eighteen months ago the prisoner was sentenced to two months' imprisonment in the lionse Correction f.-om that court, ho having he .n founi c 'ri ce:lied at the hour of twelve o'clock in the house of Mr, Davis, the Swan public-house, in Little Ormond-street. Ile appealed from that conviction, and absconded from his bail, whose recognisances were estreatel. The following evidence was then given in respect of the present serions charges : The police-officer Bare., being sworn, stated—At half-past 3 o'clock this morning, I met the prisoner in Seabrook-mews, at the back of the Pied Bull public house. I asked him what business he had there, when he instantly drew back without making a reply, and struck me under the left tar with a hammer. I stag gered against a wall, when rallying a lit to I sprung my rattle, and in a very few minutes saw the prisoner in the custody of George Lock, 196 N. (The witness ap peared very ill, and had on a plast'r.) Lock deposed to the capture of the prisoner, and to finding upon him 66 pencil-cases of gold and silver, and 121. in cash. The prosecutor identified the property produced which had been stolen from his dwelling between the hours of half-past twelve and four on that morning. Hs retired to rest the last in his family at half past twelve, leaving every door and window fastened, and was called up by the last witness after the apprehen sion of the prisoner, when he discovered that the thieves had passed from the mews over some sheds t the leads at the back of his house, and had then forced open a barred door, leading to his shop, back parlour, and kitchen, from which place the property mentioned was removed. This being the CM against the prisoner, Mr. CoMBE asked him if he wished to make any statement in respect to the charges ? The prisoner said he should reserve his defence. The witnesses having e ach been bound over in the sum of 80/. to prosecute the prisoner, he was conveyed to Newg,ite. REPEAL of the DUTY on PAPER, - - - --- A deputation of gentlemen, representing paper-makers, publishers, stud printers, in England and Scotland, had an interview with Lord John Russell yesterday, at three o'clock, in Downing-street. Amongst those present were Mr. Charles Cowan, M.P., Mr. T. B. Crompton, of Farnworth, Lancashire; Mr. Baldwin, of Sherbourne Mill, Birmingham; Mr. Thomas Wrigley, of Bury, Lancashire; Mr. James Durham and Mr. Henry Bruce, Edinburghshire; Mr. Hobert Cham bers of Edinburgh; Mr. Ch ar l es K n i g ht , an d M r. W. S. drr, of London. The deputation was accompanied by Mr. Hume, M.P., and by Mr. Scholofield and Mr. Blair, the Members re spoctirely for Birmingham and Bolton. Mr. COWAN introduced the deputation, and made a few general observations. __ _ Mr. CROMPTON said—My Lord, I can assure you with great sincerity, that I have come hither with much reluctance. I have been impelled by what I feel to be the necessity of the case. I have been upwards of forty years an extensive manufacturer of paper, and during all that period I have never known the branch of industry in question so unre munerative as it is now. I will endeavour as concisely as I can, to explain to your Lordship some of the more palpable causes and reasons for this state of things, and I will point out the gross inconsistencies which exist, and of which we are obliged to complain. First. Is it reasonable that a raw material of the most worthless character—l mean the very refuse which is crested from maim and linen, in the process of manufacturing these substances into cloth—should bear the impost of a duty amounting to 600 per cent. upon its cost price, when made into paper, whilst the cotton msnufacturere have succeeded in removing a tax of only five-sixteenths of one penny per lb. upon cotton imported into this country, the Government having been satisfied that that very small proportion—certainly not more than five per cent upon its value—was prejudicial to the interests of the country ? I ask again. How can it be justified that the very refuse of the same articles should be burdened with a tax of six hun dred per cent. upon their value? Now, my L-rd, I will endeavour to bring under your notice some cf the riamerous•hardships to which paper malufry2turors have been obliged to submit in consequence of the arbitrary and inconsistent operation of the Excise. Here are spe cimens of numerous articles brought into tie market as substitutes f )r. paper, and, in appearance, so identically the same with that article, that even I, my Lord, with out markinz them, could not distinguish between the real commodity and its imitation, aid I will defy any other man to :elect the one from the other. (Here Mr. Crompton produce] a number of specimens of what ap peared to be paper of various q ua li t i es .) N ow, at the mere caprice of the officers of Excise, the real or the fictitious production is pronounced to be paper. Oue hundred per cent. is accordingly levied upon the cost value of the one, while the other goes free, and it may be interesting to your Lordship, and to the public at large, to know why. The bare assertion of the fact, indeed, would scarcely be credible without the corrobo ration of detail. By a decision of the Board of Excise, in order t 3 constitute paper, the material must have been pulverised and worked in water. It occurred to a manu facturer to take advantage of this official definition. He erected premises and constructel machinery for the pur pose of fshricating the very same Material in a dry state. lie succeeded, and chall.mgecl the Board of Excise to seize the goods, which, according to their authoritative description, could not bo paper. A seizure was made; but a compromise took place. The manuf icture was al lowed to proceed for a given time, on the distinct under standing that, after its expiration, he should discontinue his process or subject his product to the same duty i with that paid upon paper manufactured n the usual way. I believe it was discontinued accordingly; but it was subsequently revived, and is at this moment carried on—the goods being sold under the name of felt, exten sively substitu'o I for paper, and distinguishable from that manufacture by no perceptible difference except by being slightly darker in colour. Of another extreme hardship I have personally experienced the severe pressure. Ab gut two years ago a general order was issued from the Board of Excise to the effect that paper to be made into papier mich6 should be exempted from duty provided the paper wore manufactured on the premises on which the papier tract 6 manufacture wee carried on, but not otherwise. Now, observe the opera tion of this. I was under the necessity of either allow ing the papier mile 6 manufacturer to come to my pre mises, or of erecting paper-tusking machinery on his, or, finally, c f allowing myself to be superseded in his supply. Finding myself thus situated, I memorialised the Board of Excise, as well as the Lords Commissioners of the Privy Council for the Board of Trade, as did also my customer (one of the moat respectable and extensive manufacturers of papier mach6 in the kingdom) ; but neither of us could succeed in obtaining permission for me to send out paper under permit, giving notice to the officer of Ex cise to that effect, so as to be allowed a drawback. This is but one of a thousand df the vexatious and unjust impositions inevitably resulting from the existence of the duty and the consequent Excise regulations. As there are several other gentlemen desirous of addressing your Lordship, I must conclude by observing that the immoral tendency of this tax is such that I f:ar it is en couraging the most iniquitous practice', and rapidly breaking down the probity of the manufacturer in this trade. For we see daily in the market paper sold at prices at which no honest trader can produce it, tram melled as he is by this most oppressive end obnoxious law. Mr. JAMES, BALDWIN, from Birmingham, said—My Lord, I had the honour, about a year and a half ago, of addressing a letter to your Lordship on these unjust Excise laws, and the answer I got from your Lordship was that you would take the matter into your serious consideration. I now come with this deputation to offer a few additional reasons for their abolition. Iperceive that your Lordship's Go vernment is aware that the Excise laws are becoming exceedingly obnoxious, for I perceive you now call all the Excise offices " inland revenue offices." This convinces me that your Lordship is aware of the fee!ing of the country on this matter. Now, my Lord, a few of the additional reasons aro these, that I find that Birmingham, the town I come from, according to its population, uses more paper in wrapping and re-wrapping its manu factured goods than almost any other in the kingdom; and to show how this Act operates, before I left home I called on a few of the merchants and manufacturers, such, f instance, as Messrs. Scholefield, Messrs. Vanwart and Co., llarrolds, Mr. It. W. Winfiel,l, J. Palmer, and others. In ono of these houses I fund that nearly 20 tons of wrapping paper, paying 151. per ton, had been used in a year. The manuf4cturers of thtso goods having used 30 tons previously in making the same goods ; the merchant dealing with them used 30 tons additional for the same goods; so that, reckoning the 30 per cent, put on in America, this paper duty alone made a difference of nearly 1 ,0001. por annum in the dealings of one house. Under such airoumilance., how was it possible the English merchant and manufacturer could compete with the foreign merchant and manufJcturer, who did not PaY duty on the paper in which their goods were packed ? (Mr. Baldwin here showel to his Lordship some scraps of button boards, out of which blanks for the insides of Florentine buttons had been cut, and in which there is great waste male, though duty is paid on all.) Thus, in the case of the very low-priced small buttons, the duty alone rai•es the price of the buttons nearly 10 per cent. ? on which, when they are sent to America another 30 per cent. is put. I ask your Lurkabip how it is pos >ibie for us to compete with the fureig►uer? And then again I would ask your Lordship to lo- lt at its eff.cts on education. My Lord, Idu hop', as y ,, u cannot say now yeti cannot spare the money, that you will ridiese the country of this unjust and improper tax. Bs fire I sit down, allow me just to say that, in exporting the corn. moner kind of paper, the trouble and expense we are put to in packing for exports amounts to from 12 to 15 per cent., while to send the same paper to Australia the carriage does not amount to more than about 5 per cent. Mr. Dna}um adverted to the circumstance that the Excise duties proved a bar to the applications of science in this branch of manufacture, ant illustrated this by observing that beautiful papers of certain descriptions, such as paper-hangings, Sze., have been made in France from straw (several samples of straw paper Navin; been laid on the table by Mr. Cowan), and the wonder of course is, how such an article manufactured in France, (Anna be also done in England, where the-e is so much skill, enterprise, and capital. He said the Excise duty must be held chargeable with this marvellous sta*e of things. The Fre ich maker has no duty or Excise re gatticatie to inter ere with his experiments; the English meketi,ll4; end the matter works thus —suppose a maker doterintritil to experiment on 50 tons of straw at 40s. per tott,d. e., 1001.; now the risk, in this case, of failure in ptoillicing a good article is to the extent of 100/., besides workmanship. Nowouppose a loss of 20,30,er 40 per ce at., as the ease may he, on an article sold in the market h hi to be inferior or imperfect (as all experiments and discoveries are of course very imperfect and uncertain a' first), this is of course a loss, but not to such an extent as to be serious, but such as might be contemplated by any manufset firer in making experiments with the ho; e of ultimate benefit; but on the other hand, it is quite manifest that if, in addition to the price of the raw ma terial ef the 50 tons, there be also the duty of 151. per tote or 750/. on that quantity, tie risk theu is no longer on 100/. and workmanship, but on 8504 and workman ship, in the case supposed —a very different matter in duel, and such as might involve ruinous risk and loss. Such a fearfully increased risk prevents any prudent man attempting experiments, or following up &score ri, s, and, in fact, one party who did erect a mill in England, to make paper from straw, after sacrificing a large capital in the attempt, has ceased to work, and re tired from the trade alt Tether; and there is no likeli hood of any other party making such attempts whilst the enormous load of the Excise duties exist. Mr. CHAMBERS said the pressure of the paper duty upon the business of publishing is chiefly felt in the most popular class of publications. Those addressed to the great holy of the people. On a newspaper of large cir culation it is very heavy. I know a provincial journal which shows great enterprise, and upon it the paper duty is about 6001. per annum, which would be a profit failing all other. On cheap literary journals. I can speak more definitely. There was one called a " Miscel lany of Tracts," ,which nay brother and I published. It met a large sale, and, I believe, was in the way of doing some good amongst tho humbler classes. It returned, however, so slight a profit that we gave it up, while selling to the extent of 80,000 capiee. On the whole amount of this work printed, the duty was 6,220/. Now, this would have been a very ample profit in itself, though a mere shade upon each copy. The amount of duty paid for our publications per annum is, at an average, close upon 3,0001, which must be considered as a great burden on what ie, to all intents and purposes, a branch of the educational means of the country. In a cheap publication, the value of paper may be set down at nearly one-fourth of the selling price, and considerably above one-third of the price to the retailer. This is the case of the publisher who acts with all possible advantages in his favour, such as pay ing ready money for every article, and acting as his own printer and binder. From these data the teverity of the burden on popular publications may be estimated. Were the paper duty removed, the existing publications might, in some cases, be reduced i❑ price ; in others the public would derive a benefit from a superior paper being used, and a better literature presented. In all subsequent works the price would, of course, bo struck at the lowered rate. I fully believe that, with paper at a re duced price, we could bring out many new works of im portance to the public, which we could not now with any prudence attempt. Mr. Ciliks. KNIGHT would not detain his Lordship by adding anything to the general argument which had been urged by Mr. Chambere, as to the discouragement of popular literature by the existence of the duty on paper. He would confine his observations to one point. The paper tax operated injuriously against all literature, but more especially so in the case of cheap publications f which high priced skilled authorship was paid. He hal been able to show that the duty had been a positi►e bur den upon the " Peuny Cyclopaalia" to the extent of 16,5001. That work was undertaken under the auspices of his Lordship himself,amongst other eminent persons; but the cost had been borne by Mr. Kuight. It had never been remunerative, for the cost was larply in• creased by the natural operation of the tax upon the price of paper. This was an example of the peculiar burden of the tax upon the higher kind of lite rary labour compelled to compete with low priced authorship in the race of cheapness. Mr. Knight be lieved that the great mass of publications were tending to cheapness—the good as well as the ba-I. He believed that books for the few were fast going out of demand, and, further, that the many would ultimately pay the proper rewards ( f good writers as well, if ta, t better, than under the present system of a limited demand. But, with the paper duty the profits of a publisher em ploying the best authors to produce cheap books were so curtail4d by the burden of the tax upon the large amount of paper used for such books that the higher class of literature was deprived of its proper encou ragement. 'The remarks of the deputation were foll,wed up by a short but lucid and fJrciblo addreis from Mr. Hume, on tie sec al, moral, and commercial questions involved in the subject; &cur which the gentlemen, who had been recrived with the greatest courtesy by his Lordship, withdrew. SPORTING INTELLIGENCE. BETTING AT MANCIIESTER.-TUESDAT . LIVERPOOL STEEPLECHASE.— 10 to I agst Chandler t), 12 to 1 agst Rattrap (t), 12 to 1 agst Sir John, .6 to 1 sgst Knight of Grrynne, 18 to 1 agst Sir Arthur 20 to 1 agst Little Fanny (t), 20 to 1 agst Vain hope, 25 to 1 sgst Shinrone (1), 25 to 1 sgst R!-scue (t), 30 to 1 ag,t Maria Day (t). THE NORTHAMPTONSHIRE STAKES.-10 to 1 at , ,,q Osterley (t), 11 to 1 agst flarriot', 12 to 1 agtt Velox, 20 to 1 agst Priestess (t), 20 to 1 agst Fernhill. METROPOLITAN STAKES.-5 to 1 ngst Cheerful (t), 15 to 1 agq Snowstorm (0, 16 to 1 apt Dough, 20 to 1 agst Testator (t). CHESTER CIIP.-14 to 1 agst Glauca, 18 to 1 apt Miss Anne, 22 to 1 agst Peep-o'-Dty Boy (t), 23 to 1 sgst Roland, 25 to 1 agst agst Cossack, 25 to 1 agst Ell-rdale (offers to take), 25 to 1 agst Whim colt (offers to take), 25 to 1 agst Fugle man (offers to take), 40 to 1 sgst Woodlark, 40 to 1 agst DERRY.-15 t) 1 agst Voltigeur (offers to tete). Nothing else named. NAVAL INTELLIGENCE. PORTSMOUTH, TUESDAY.—The Winchester, 50, was docked to-day f ,r repair. The Royal yacht Victoria and Albert was taken into the steam- basin to-Jay to receive her boilers, &e. The Termagant screw-frigate aid the Ilecatl paddle-sloop wore also taken in, to lay up until required for ser►ico. An accident, which might have been attended with most disastrous consequences, occurred in the harbour this arternoon about three o'clock. As one of the gigs belonging to the York convict hulk was coining down the harbour, by the strength of the ebb tido she got drawn in betwsen the Dutch ship Clara Lasina lintnegonda and the Topaz receiving -hulk, when the top of the boat's mait fouled the Dutch ship's chain, and capsized the boat, throwing the keeper and fur convicts into the water. Fortunately, by the assistance of the Dutch crew, and ropes hanging over, they were enabled to clamber into the ship, and were saved. The boat drifted out of the harbour. Wind, W., strong breries and cloudy, with r asiirg shower.. WOOLWICH, FED. 12.—Captain Austen, C. 8., has been again at the Admiralty to-day, making the neces ary arrangements for the expedition to the Arctic re gions, and in the afternoon, with Captain Sir Baldwin Walker, K.C.13., Surveyor of the Navy, proceeded to Blackwall, returning to the Admiralty about four o'clock r.m. It is understood the expedition will consist of two sailing-vessels and two small Warners, having a small draught of water, and both fitted with screw-propellers, A plan, submi , ted by Mr. Tucker, one o !the foremen of shipwrights at Woolwich, for fitting a *crew-propeller astern of the dead wood of the vessel, has boen highly spoken of, and there is every reason to believe it will be adopted in one of the steamers. Air. Penny, formerly master of the Advice, who was retained by Lady Franklin, had interviews yesterday with the Lords of the Admiralty and with Captain Aus ten, but his mission to the Arctic regions will be in a vessel of his own selection, at present at Aberdeen, and she will be entirely under his own control, independent of Captain Austen's expedition, excepting the mutual good services they may render to each other, should they :meet in the Polar seas. Captain W. Peel was at the Admiralty a considerable time yesterday, and is most anxious, it he does not ob tain the command of one of the vessels, to act as an ad ditional eaptain for a land party, or to proccel over the ice. Captain Caffin, formerly commander of the Scourge, has also volunteered his services to proceed with the expedition, and had conferences yesterday with Captain Austen and Captain Bird, the latter having been consulted on many subjects connected with the ex pedition, but is not expected to accompany it on this oc casion. Mr : J. Barrow, F.U.S., one of the senior clerks at the Admiralty, has been most indefatigable in collecting in formation of a useful nature from the valuable papPrs in his possession, and Rear-Admiral Beaufort, F.R.S., and Captain Sir G. Bick, have unceasiogly.af forded their able assistance and advice on every subject connec'e l with the expedition, and no exertion will be spared to render it the most efficient ever sent t') the Arctic Regions. COTTON.—It having been represented to the Board ustos hat it is Ycry desirable, for the interests of craf C ro erc hants and others engaged in the cotton trade, that an nce .)ont should be taken of the several kinds of cot ton wool exported, the board have issued an order di recting that in future all cotton wool entered for expor a _ tation be described in the shipping bills by ono or other of the specific denominations commonly recognised, or by such other denomination as may correctly indicate its growth. This new regulation has resulted from au ap plication recently made to the Customs authorities from the brokers and merchants of the port of Liverpool, and others interested and concerned in the cotton trade, in order that a correct knowledge may at all times be ob tained of the stack of cotton actually existing in the kitlzdem. GREAT SCARCITY OF COD FISH. TO THE EDITOR OF ILE SUN. Sts,—Billingsgate market this morning exhibits pretty practical, proof of the necessity there is, that some measures should be adopted to prevent those fluctuations of supplies the market according to the now existing state of things is subject to. At one period, not many years ago, when there were upwards of three hundred and fifty welled smacks constantly engaged in the deep-sea "Codding trade," London market WAS then the boast of the world for its pritnest description of cod-fishotiad its regularity of supplies. Like the butcher who keeps his cattle pinned up alive until they are required to be killed; a') were the cod-fish kept alive in the vessels' wells until there was a wholesome demand. There having been such a considerable number of vessels in he trade, when it happe ne d the weather was boisterous at sea fur a number of days, the market was not very materially affected, as there were always a number of smacks lying et Gravesend with living cod to supply the demand. That good old system, like many other good old systems, now wears a -different aspect. The great competition offered by the .open boat along-shore fishermen to the sidled smack owners has caused the greatest number of th© smack owners to withdraw their vessels from the. regular deep-sea trade. The consequence is, that when the weather happens to be at all boisterous (as it has been lately), the open-boat fishers cannot put to Sea; and now, there only being a few cod-smacks engaged i n trade, when left henthe al vi n . l e o a s t t he h r ar i e s a uf little frcs b h oi c s o te d r . ou s s, o t rn he s the markets are little time since, when the weather was fine, large cod weie sold at Billing'gate for two shillings or half-a-crown. This morning the wholesale price of cod fish was from lam, fifteen s s h i i r l , linz c s ., to one guinea each. Feb. 13, 1850. 11. DEMPSTER.' THE PENEVSULAR WAR. TO THE EDITOR. OF THE TIMES. _ . _ Sir,—M. Thiers, in his 9th volume of the Conga /ate and Empire, claims for_hitnself the secret of tl'. Peninsular war, having found it in certain papers to which he only has had access. That may be; but I ask if he is incapable of drawing false conclusions from secret materials to support perverse assertions ? To answer with good warrant let us examine how he deals with authentic documents, not confined to his secret repertory. Thiers—" 3,000 brisk resolute Frenchmen" opposed 15,000 English at Ricorca. Reply—The Duke of Wellington judged the _French to be 6,000. ' Laborde, er, their comm an d , denied he had 6,000, th us tacitly admitting he had 5,000 or more. Thiers—The English had 400 cavalry. Reply—The English Adjutant- General'. return gives 250. Thiers—Laborde wounded or killed 1,200 or 1,500 English at Ricorca. Reply—The Adjutant-General's return gives 479 killed, wounded, and missing. Theirs—"Junot collected 9,000 some hundred men to fight at Yitneira." Reply—The French order of battle found on the field gave 14,000. Tneirs-22,000 French embarked under the Con vention. Reply—The official French embarkation return gives nearly 26,000 men and officers. Thiers—" Only 26,000 men followed Junot into Portugal." Reply—The Imperial muster-rolls give 29,584 effective in Portugal, 23d of May, 1808. Theirs—The French army of Spain under Na poleon was 250,000 strong, of which 200,000 only were assembled there the end of October, 1808. Reply—The Imperial muster-rolls show, on the 25th of October, more than 319,000 einctive ; on the 15th of November, more than 339,000 effective. Thiers—Sir John Moore's troops arrived at Sala manca, exhausted by their long march, and by pri vations. Reply—M 'ore's dispatches say his troops were In better case than when they started from Lisbon ; they suffered no privations, and their excellent con dition up to Sahagun was notorious. Thiers—" Moore advanced to Sahagun with 29,000 English troops, and about 10,000 Spaniards." Reply—The Adjutant-General's return of the 19th of December gives 23,583 of all arms; Moore had no Spaniards, and Romano, who did not act in concert, bad only 6,000. M.Thiers cannot deny the authenticity of my num bers, seeing they were taken from the original Impe rial muster-rolls in the French War office; not the yellow, but the green rolls; the officers of that office will appreciate the di-tinction of colours. M. Thiers cannot plead ignorance. All the docu ments are printed in my history, and he had access to the French originals. So much for quantities. Let us examine him as to quali its. Thiers—Wellington has a " contracted intellect ;" it John Moore was " irresolute in council ;" the English soldier is " beaten almost to death for the least fau!t ;" he i 3 I:ttle practised to march ;" is inanimate, feeble, when forced to move to at tack ; " "he has no vivacity, no audacity, no en thusiasm, no hardihood, no enterprise ;" "to beat him he must be forced to take the initiative in at tack," &c. R ply—Wellington's intellect, measured by M Tniers' imagination, must appear very contracted. Yet it is strange that with a few troops having no enterprise, no hardihood, and fearing to be beaten to death for trifling offences, he should have main tained the war for five years successfully in Spain, against enormous numbers of soldiers anti officers the best and most skilful in the world, according to M. Thiers, and, finally, should carry that war int') France ! Strange that troops unable to march should have moved, in face of an enemy, from Lis-. bon to the .A , ,oieds, from the Agueda to Madrid, from the Douro to the Adour, from the Adour to the Upper Garonne. Stranger still, if to beat those troops it was only nectssary to make them attack, that they should have attacked successfully at Rorica, where the French hill was five times more steep, rug ged, and difficult than the English hill at Vimeira, which the French unsuccessfully attacked ; that they forced the passage of the Douro and drove Soult out of Portugal ; that they attacked Massena at Re dinha, at Casal Nova, at Fonts d'Aronce, at Sabugal, and drove him also out of Portugal ; that they at tacked and retook the key of the position at Albuera, which the Spaniards had lost ; that they attacked and defeated Marmont at Salamanca— the King at Vittoria, driving him out of Spain ; that in the second fight, near Panipelun, they at. tacked Soult's mountain position, and drove him out of Spain ; that they forced the intrenched mountain position at Vera, and his fortified mountain lines on the Nivelle, covering. B lyonne ; that they passed the Gave de Pau in face of the French army, and de feated that army at Orthes—that they passed the Garonne and forced the intrenched camp at Toulouse, thus terminating the war ! 11. Tniers is not happy in his military reveries. Brilliant phrases condemns - tory of revolutions which he could neither arrest nor guide are more consonant to his genius. Thiers—Sir John Moore was " irresolute in coun cil"—" he yielded to the imperious admonitions of Mr. Frere"—" papers published by his family prove this." Reply—The papers published by Moore's family proved that he repelled Mr. Frere's arrogance with calm dignity, did not follow his plan'', and changed his own because fresh events called for change. His irresolution in council exists in M. Thiers' imagina tion—nowhere else. Those who knew Sir John Moore will laugh at such a silly assertion. M. Thiers has not been so remarkable for political reso lution himself as to give him a right to censure others. In what council known to him did Sir John Moore Isplay irresolution? Those who have read that General's journals know of several held with Mr. Pitt, Lord Melville, and others, wherein his abi lity, unhesitating vigour, and readiness to undertake what he advised, the sure sign of resoltrion, were signally manifested. But Al. Thiers speaks wardsaPer combinedo with of his ` prudentirresolution fi rn in l Indomitable ess.Prudent resolu tion, both in council and in the field, vas 3 oor s characteristic. Napoleon himself was not more firmnesslde cided., One more example of unfou i n s ded dy censure. erved the Spanish cause by drawing " Sir John Moore said x. h • • the south time to rally.calls d a " presumpt uo us manner of presenting the affair to . , oe i. the Thie north, rA an giving aol T a o hi n s to AI.A c over a disastrous campaign. The best reply to that prasumptuous remark is M. 'Thiers' history , wherein he 4is'inctly shows that Napoleon did turn all his forces from the south to the north in consequence of Moore's advance to Sahagun —an advneee H hie') that General had previously de clared he would make to produce such a result ! Verily, M. Thiers must amend his wanner of treat ing known accessible facts, if he would have his authority accepted for the unknown and inaccessible. WretiAsi NAPIER, belPjo:- General. NAVAL CLUB or members of this F ,allant club dined togeth er at t h e T hatc h e d D ouse 1 av-rn on Monday - Ndmiral Sir Charles Malcolm, president e f the club, took the chair, and was supported by upwards of foriv of his comrades; among whom were Captains Sir E. Belcher, C. 8., ("harks Crole, E. Chippell, Thomas Dickensor, H. E. Edgell, C. Edmunds, H. Gossett. Percy Grace, W. J. T. Hood, R. Bridlism, Sir John Ross, C'.B., The secret ry, Mr. Al'en, eccupied the Tice-chair. UNIVERSITY' COLLLGN, LONDoN. — The council , at their session on Saturday last, awarded the Ilahetty Scholarship in classics to Mr. Alfred Wills, of Birming ham—examiners, Arthur St. Clough, M.A., Professor Newman, and Professor Maiden. At the same session, on the recommendation of the Fa7.ttlty of Medicine, the Longridga Priza of 401.ifor general prod , cieuy wets awarded to Mr. Relay Briggs, of Mau»