The Sun. — London, England, 1847-02-12 00:00:00

F' PETITIONS ON PRIVATE BILLS. HOUSE OF COMMONS. (Boom 22, before Mr. Examiner Surrn.) UNOPPOSED LIST. In the following unopposed cases the customary formal proofs were put in, and the standing orders complied with Dundee and Perth Railway, alteration and extension, and Inchture, Polgavie, and Inchmichael Branches. Dundee and Newtyle Railway, widening, altering, and im- Newry and Enniskillen Railway Act Amendment. OPPOSED LIST. Caledonian Railway—Branches to Canobie, Langholm, I.ongtown, Milton, Annan, and Dumfries, with side Branches. •This opposed case was then resumed. It occupied the rest of the day. (Room 23, before Mr. Examiner MAT.) UNOPPOSED LIST. In the following unopposed cases the customary formal proofs were put in, and standing orders complied with, ex cept in the second case, which was adjourned for the pro duction of an affidavit : Braintree and Halstead Railway. Great Northern Railway Branch to King's Lynn . . Great Northern Railway Deviations between London and Grantham. Ayrshire arid Galloway Railways from Smithetown to Dal mellington, from Dalmellington to Castle Douglas, from Castle Douglas to Orchardten Tower, and from Orchardten Tower to Balcary Point, with Branches to Gibshale arid Porterbelly. Ambergate, Nottingham, and Boston, and Eastern Junc tion Railway, alteration of line and branches into or near the town of Nottingham. OPPOSED LIST. LONDON AND NORTII-WESTERS (BIRMINGHAM AND LICHFIELD EXTENSION AND AMEND MENTS). Some unimportant allegations against this petition were sustained. SOUTH STAFFORDSHIRE RAILWAY (CAN'NOCTI, WYRLEY, AND NORTON BRANCFIES, AND AMENDMENT OF ACTS, AND POWER TO BIR- MINGHAAI CANAL CIMPANY TO CONTRIBUTE. In this case the standing orders were complied with. SUTTON HARBOUR IMPROVEMENT COMPANY, AND POWER TO LONDON AND SOUTH-WESTERN TO SUBSCRIBE. In this case also the standing orders were complied with. The Examiner then adjourned. NEWMARKET AND CHESTER FORD RAILWAY. The first half-yearly general meeting of the proprietors of the Newmarket and Chesterford Railway , Company was bald at one o'clock, yesterday, in the City of London Tavern, Bishopsgate-street ; L o rd George Manners in the chair. The notice for convening the meeting having been read, the general seal of the company was attached, at the desire of the Chairman, to the register of the shareholders. The SECICZTART then read the report, from, which we make the following extracts:— "Your directors reported at the last general meeting of the proprietors, held on the 14th of August, 1846, that con tracts, under the guidance and advice of their engineer, had been made and entered into with a responsible contractor, for the entire completion of the works, whose proceedings on the line up to the present time, have been characterised by great energy; and as the season is fast approaching, when the works may be conducted with greater vigour, the direc tors do not in the least doubt their ability of carrying out the original intention, of opening the line of communication front the Eastern Counties Railway Station in Shoreditch to Newmarket, by the 30th of September next. In anticipa tion of this event, a contract has been entered into for the supply of twelve locomotive engines and tenders, upon the newest and most approved principle of construction ; the majority of which are to be delivered upon the works before the above-mentioned date. "Your directors with a view to the expedition required, and in order that the works may not be impeded, and to se cure the opening of the line in the month of September next, have deemed it necessary to make a call of 51. per share, payable on or before the 22d instant. " Since the special meeting held on the 11th November last, for the purposes of considering the terms of a lease of the Newmarket and Chesterfield Railway to the Eastern Coun ties Railway Company, which terms were rejected, negocia tions have been opened by that company, but they have failed to produce any result. "In consequence of the short period which intervened be: tween the dates of the Act being obtained, and the first ordi nary general meeting, and there being many accounts then outstanding, no financial statement was laid before the pro prietors; but your directors stated their conviction, that the expenses to the date of incorporation, would not exceed 13s. per share, which anticipation has been satisfactorily borne out;—the total expenditure being 9,201/. or I3s. ld. per share. " With respect to the contemplated extensions of the line of railway, it is unneccessary to enter much into detail ; suffice it to say, that in pursuance of tke resolutions unani mously adopted at the first general meeting, the directors gave instructions to their engineer, and solicitors, to take the necessary steps to comply with the Standing Orders of Par liament, previously to applying fur Acts to extend the line of railway from Newmarket to Thetford, and to Bury St. Edmunds, with a branch to Ely. The requisite capital was raised by subscription, and the respective Parliamentary de posits, consisting of 35,625/. and 31,875/. have since been in vested in the Three per Cent. Consols." The Cfraiaasele then said that, in bringing before the notice of the meeting a reeolutioa to the effect that the re port be received, adopted, and circulated, he felt it to be his duty to make a few observations, though from the detailed nature of the report it was unnecessary for him to detain them long. The Noble Lord then alluded to the dif ferent points referred to in the report, and said that with regard to the extension, it was fortunate that they proceeded to Parliament for two Acts from the opposition they bad met with. He would conclude by moving that the report be adopted. Mr. 3. G. Plant, the deputy chairman seconded the reso lution. Mr. Coerce, of Cambridge, wished to observe before the re • solution was put to the meeting, that he regretted the terms offered by the Eastern Counties Company had not been ac cepted. by did not blame the directors, for he believed the rejection to have been the act of that meeting on the 11th November. He thought, however, that it was competent for this meeting to consider that resolution with a view to re scinding it. The stock of the company had fallen considerably after the negotiation with the Eastern Counties Company had terminated. Mr. J. V. StIELLEv, one of the directors, replied that if any overtures were to be made again by the Eastern Counties Company they wool] be entertained, but under present circumstances he thought it advisable that they should stand aloof, and make no proposition. The resolution was then put and unanimously agreed to. Mr. HYDE, one of the shareholders, moved that the direc tors should be re-eluted, and paid a very flattering compli ment to them for the way in which they had acquitted them selves of their duties, and he referred especially to the negotiation with the Eastern Counties Company. It could not be surprising that their shares had fallen, for consider ing the large call that was recently made on the share holders, and the great pressure on the money market, such a thing was to be expected. It was in his opinion a strong proof of the confidence of the directors in the undertaking that they made a call of 5 per cent.—(Hear, hear.) He begged to move the re-election of the directors. Mr. Pao= seconded the resolution. The directors were then separately elected. The CHAIRMAN returned thanks for the confidence that had been again placed in them. He begged to say that if any company made a proposal to them they were quite willing to entertain it; but the shareholders might rest assured that their interests would be attended to. On the motion of Mr. CLOWE9 seconded by Mr. FULL ER , the auditor of the company was also re-elected. This having concluded the business, the meeting separated. SOUTHAMPTON AND DORCHES TER RAILWAY. The half-yearly general Meeting of the Shareholders of this Company was held yesterday at the terminus of the London and South Western Railway, Sine Elms. Lord Do Mauley in the Chair. The CHAIRMAN said it would be necessary to trouble the meeting by reading over the Bills which they were summoned to consider, after the usual business bad been transacted. It would be necessary, according to the standing orders to call another meeting at a longer notice. The register of shareholders in the company was then Rub mated to the meeting, and the seal of the company affixed thereto. The SECRETARY then read the report, which stated that so short a period had elapsed since a full statement of the affairs of the company had been laid before the proprietors that it would be only necessaryt to state with respect to the bill for making the Lymington and Ealing branch as well as the other Bilh , ' that they were all before Parliament, and hail been read a first time, and that the directors had made an arrangement with the engi neer, by which their line would he opened in three months. The report then stated that the total receipts were 142,4111. 7s. 3d., the expenditure 137,456/. 10s., and the balance 4,953/. The report was then adopted. .The Noble Chairman, J. Mills, Rd. Brownkerr, and W. Chas. Lambert, Esqrs. were unanimously re-elected as direc tors, and J. lianbun-, Esq., as auditor. The CffAIRMAN said, be wished to inform the meeting that a greater progress had been made in the works than was originally expected, and that the directors were of opi. nion that the line would be opened ou the Ist of May, and the contemplated accommodation would thus be afforded to the public, as well as an increased facility to those visititiug Weymouth, &c.. for the purpose of bathing. Mr. Hone moved that 8001. per annum should be placed at the disposal of the board from the opening of the line, to meet the contingent expenses. Mr. lIEATn seconded the resolution, which was unani mously adopted. The CtiAtintAN said that he had just been informed by their engineer that the line would be open for inspection on the !at of May, bat that it would not be open to receive passengers, or for traffic purposes for a few days afterwards. d. Gcs - r, Esq., then proposed a vote of thanks to the noble Chairman, to whose services, he was of opinion that the company was so much indebted. Mr. CIeAPLtN seconded the resolution, which was put and carried. The meeting then separated. NORTHERN AND EASTERN RAILWAY The usual half-yearly general meeting of the proprietors of the • •••7 orthern and Eastern Railway was held yesterday afternoon, at is the Shoreditch station ; Mr. Richard Patterson the mat? • endin Th g r th ePor e 3 t ht st p ated that the dividend for the half year after payi ng th e pa, last, payable on the Ist March, 11 13s. 95., 1 ! PrePeTtY-tax, would be— ll. no. ai4d7„,,ll'!T sh are on registered shares (501. paid) • paid to a li t on scri3 and registered shares (-151'. (iO/. paid, issue or s. I°/Id. per share on registered shares per share on new en t „ 2lst „, u g. , 1844); and of 9s. 3 1 /d being equivalent to los, - Paid to 31st Decembe r; b 4 * additional dividendw hich Of a. 16s. paid. , r t h 'e a r share of Eastern Counties m stoeck beyond the 6 had accrued on the quarter forpe per cent. guaranteed. being at the rat e ro3lader9s,l4odn. presentat7a fpur would be paid to the respecetivoef th e 31st of Ma y the triessrs. Thornton, of the certificates at the of fi ce, on h olders next . Th e arbitration on the disputeao7eA the contractors, had been brought to claimed was 15,926/. Bs., while the sum awarded The , nn 11,706/. 113 . sd. Some inconvenience having arise ntiwa from discussing at previous meetings the affairs of the Eastern ti es c o mpany, it had been arranged with th e directors Of hat Company, that the proprietors of the Northern and Eastern Railway should be permitted te attend the Easter n Coanties' meetings, and there be allowed to discuss all mat ters relating to the accounts. On the motion of the CHAIRMAY, the report was adopted. Mr. PILL protested against the present mode of keeping the accounts, and declared that it was quite impossible to ascertain whether the Eastern Counties Company paid dividends out of revenue or capital. It would appear, he eald, Val the costructia accQUD woald layer be cleled• and as they were the landlords, and the Eastern Counties Company the tenants, their directors ought to see that these matters were duly settled and explained at their own meet ings, and not have the shareholders to raise these questions at the meetings of the Eastern Counties Railway Company, where, of course, the tenantry would always have a majo rity at hand. The CHAIRMAN said to the beat of his knowledge the ac counts were as accurate and explicit as they could possibly be made. The dividend was then declared, and a vote of thanks having been passed to the Chairman, the meeting termi nated. LAW INTELLIGENCE. COURT OF QUEEN'S BENCH, Feb.ll. (Before Mr. Justice ERLE and a Special Jury.) PIRATING COVY-BOOKS.—SOUTER V. DARNELL AND CO. Sir Frederick Thesiger, Mr. Watson, and Mr. Ogle ap ared for the plaintiff; and Mr. Sergeant Talfourd, Mr. Knowles, Mr. Peacock, and Mr. Warren for the defence. This was an issue directed to this Court by the Court of Chancery to try whether a series of copy-books which had been published by Messrs. Darnell and Co., school-booksellers, were or were not an infringement of a series of copy-books called " Foster's Copybooks," of which the plaintiffs, Messrs. Soutar and Co., school-booksellers in Fleet-street, are the proprietors. The defendants had pleaded that " Foster's Copy Books" were not original, that there was no novelty in them. Sir FReDERICK THESIGER having opened the case, and characterised it as one of considerable importance to the scholastic community, the following witnesses were called to support the plaintiff's case, that the invention was perfectly origin al : Mr. I. E. Branston, an engraver and printer, in St. Andrew's-hill ,Doctor's Commons, deposed that lie had pre pared the plates for printing the copy-books of Mr. Foster, and that he was engaged upon them several years, during which time he was in constant communication) with Mr. Foster. The books comprised a system of teaching writing from the earliest to the more advanced stages. The plates were for letter-press printing. He never saw any copy books of a similar nature until they were brought to him by Mr. Foster. 500,000 or 600,000 bad been printed. He considered it a very great improvement in the mode of teaching writing. The first series was published four years ago. First saw Darnell's book about two years ago, and found it a copy of Foster's system. Cross-examined—Never saw faint lines printed in the same way. Never saw pencil lines drawn by a master. Mr. Law said he published the first series for Mr. Souter, in 1841; 450,000 of the whole series had been sold up to Christmas last. Alterations had been made from time to time in the various editions. Mr. William Aitcheson said he had been actively occupied in teaching writing for twenty years, and had examined the various works and systems of writing which had been published in this country, and in France, Germany, and Spain. Although he might have found individual points in the various systems he examined, yet he did not find any entire system resembling Foster's, which possessed the principle of guiding the pupil, by light lines, of frequent repetitions, the gradual withdrawal of the ex amples, and the application of diagonal lines, denoting the size, shape, and slope of the letters; diagonal lines had been used in former systems, but only equi-distant across the page, but they would not guide the pupil as to the proper distances of the different parts of the letters ; , there were also alternate tracings or lines leaving blanks for I the pupils to fill up. In cross-examination a number of systems on the tracing principle were submitted to the witness. He admitted that they evinced the principle of diagonal lines, and lines to guide the formation and size of the letters, with alternate lines. The witness was cross-examined at great length on the book published by the defendant* and the books pub lished by the plaintiffs. It appeared that the defendants book did not follow the other so nearly as to come under the definition of a fac simile, so far as the course of the examples was concerned. Re- examined—The great novelty of Foster's system was, that the lines compelled the pupil to make the letters pro perly—neither too large nor too small. It might be denned as a combination, into a practical system, of all the im provements that had been made from time to time. The systems of Nelly, Ferguson, and Well (on which the witness was examined) were mot much used in schools. Mr. Josh. Hill, a schoolmaster at Brantford, and the Rev. Mr. Thomas, head writing-master of Christ's Hospital, spoke to the great value of Mr. Foster's system—especially the elementary portion, the first; but they considered the system a compilation of elements which had previously existed. Darnell's was a copy, as nearly as possible. They thought Foster's diagonals, denoting the exact shape of the letters, was a very important peculiarity. The same thing was in Darnell's copy-books. Mr. Foster himself stated that he had been engaged in teaching writing during the last twenty years; that he had travelled over the continent and America, teaching and in vestigating in his progress the various systems of teaching which prevailed in the parts he visited. Mr. Sergeant TaixotTnil then addressed the jury for the defendants, and contended that the copy-books of Mr. Foster contained no new invention ; that the s) stem of tracing the characters in faint lines had been pursued by VA limn teachers for years; that it had even been sug gested by Locke ; and would the jury, by a verdict for the plaintiff, set up Mr. Foster as the universal teacher of writing, as the great inventor of an entirely new system, when it had been shown that he had simply gathered together and published the improvements of others. \o doubt it was of great importance to Mr. Fester to get a favourable verdict, and to exclude others from following up and acting upon the suggestion of Locke, who said the proper way to teach a boy writing was by the master tracing the characters in Nint red ink lines. Mr. Foster, and those who had preceded him, bed done noshing more. lie trusted they would not so far forget their duty as to state to the world that Mr. Foster was entitled to lie considered as the inventor of this system of writing. The Learned Sergeant concluded a powerful address, by submitting that their verdict would be for the defendant. Witnesses were called for the defence, and the case wasad journed until to-morrow. COURT OF EXCHEQUER.—Feb. 1 1. WAKLEY V. COOK. This was an action le rought by Mr. Wskley, M.P., for Finsbury, and coroner for the county of Middlesex, against the proprietors of the Medical Times, to recover compensation in damages for the publication of a libel in their journal seriously aff.fcting the professional and private character of the plaintiff. The Attorney-General with whom was Mr. Bramwell, appeared fiir the plaintiff; Mr. Cockburn, Q.C., Mr. Lush, anti Mr. Healey, on the part of the defendant. The Al TORNEY GENERAL in opening the case called the attention of the jury to the serious nature of the libel in questio;i, and proceeded to read the same. The libel in question was contained in a letter addressed to the editor of the Medical Times and signed " Vindicator," headed a pro posal for air. Wakley's trial by a jury of gentlemen. The object of the letter, as the writer of the letter stated, was " to free a worthy man from hideous accusations, or sever from a high-minded profession a gangrenous member, peril ous to its safety." The letter went on to state that it would not impair his arguments to admit that the reputation of the plaintiff had been so far trodden under foot, that while on the one hand it could be cleansed, if redeemable at all, only by a vigorous effort, his utility and comfort of conscience on the other are g one f or ever if that effort be not made and successfully. Befoulment has so far eaten into his name, that had he the best of desires and greatest of energies, it would kill both. A moral leprosy encrusts it each day, spreading, which repels each good, and keeps aloof each prudent man. True, the talent may be only imaginary, but public opinion gives vigour to the hypothetical yirtue, and makes it as deadly to himself and those around him as though it were real. The fatality of public opinion— even, alas! if errone ous—offers hiin abroad asocial lazar-house, alike infected and infecting, touching once and tainting for ever! The London College Hospital was in its origin a glorious affair. It had everything in its favour but one—the hostility of Mr. Wakley. He, unfortunately, gave it his support, and it perished. He lost his battle, his companions their honour. By blunder, or crime, or doom mysterious, each associate to this day has imputed to him imposture or vagrancy. The accounts were not finally balanced, wherefore honourable teen were looked on as felons. A breath bears evidence of crime when corroborated by acquaintanceship with Wakley. The British Medical Association followed. The same history, the same end ! If Wakley could not raise it he generously lent it, when raised, his name. It glistened under the light of his sickly radiance, throwing off like snow under a tropic sun. The treachery of the one faculty-scheme fol lowed other schemes to ruin, bill, bill, to ridicule; member, member to secession, till all that is now left of the once-in fluential society, is a hybrid M.D., and apothecary of Dul wich, prefigured and described by Pope : " Eternal smiles his emptiness betray, As shallow streams run dimpling all the way, Whether in floc id impotence he speaks, And as the prompter breathes the puppet speaks." Ile is of the British Medical Association, the mutilated tail still left to tell, that once Kilkenny cats—and dogs—dwelt there. Last came the Medical Protection Association. I saw with wonderment how suddenly in power, and wealth, and wisdom, this young society—obeying your call—sprang to being. It was born a man. It sprang as from the brain of Jove, another Minerva, instinct with might and beauty. A multitudinous meeting, at three days' call, startled British medicine from her seat, and the world asked what shall it be —this new-born giant ? Surgeons and physicians the proudest, bent their steps towards the threshhold—the new popular shrine offered more promise than the old corporate idols ; funds flowed in ; prosperity for once, in medical agi tation, seemed our captive ; but Wakley crept into the part disc ; and, At the ear of Eve, familiar toad, Half froth, half venom, spit himself abroad." Bullying the equivocally placed, darting venom at the timid, bending the indigent with dishono ure d t rea d, t h e no bl y ' ambitious with frothy hopes, he estranged in disgust the respectable, and enhanced the not stranger fate of a bad name! The more he paid, the less he purchased • the more he toiled, the less he did—he worked but to injure, to ruin. His breath was a killing pestilence—honour, wealth, cha racter, association—all have gone ! Surely, the name of in famy is as a greedy maelstrom, insatiate, bottomless. . The unfortunate infamy of his repute left him without an opinion of his own. His low character made him low The very bread of his public life depended on his taking the clownship to any medical company that would engage him." In the same strain the letter was continued to a great length, filling nearly three columns of the Medical Times. For the publication of this letter an action was brought a short time since, and a verdict returned for the plaintiff, with damages 1501. At the conclusion of the trial, a leading article was written upon the trial, containing also a quantity of libellous matter affecting the character of Mr. Wakley, and it was the libel contained in the article in question, published on the 28th of June, that the present action was brought. The Learned Attorney General, in a forcible and eloquent speech, called the atten tion of the jury to the serious nature of the libelsin question, and called upon them, in the exercise of their duty', to show their strong sense of reprobation upon the publication of such a libel. Evidence having been put in as to the publication of the llledical Times, and the purchase of the paper, containing the libel, by the clerk to the attorney of Mr. Wakley, Mr. COCKBURN, Q.C., in addressing the jury, said that the Learned Attorney-General had addressed them with the greatest grandiloquence, and with feelings of indignation which he really could not help thinking, with all respect to his Learned Friend, was merely assumed for the occasion, for the purpose of saving the plaintiff from the defeat which in evitably threatened him. He must say, that the present action was one of the most contemptible that he had ever known to be brought before any court of law. His Learned Friend had acted most 3ii. declinedad bee unfairly t o hi m i n hi s mode of eonductins the case. i fle. had commenced by reading the libel for which a verdict of r u e a a a l r d e y y r h e o t l i7 of e d t , h e b but c h u i m s ent Learnedin question.Friendbad The first eldiibcealiwTais contained in a report of the trial, printed been read to the jumryes'bliut* from the in the not one word of that report had m. read, unless it is given ii 2 :l l" ' . The ATTOVI.EY-IiZI Mr. Cocanuale—lt is e must object to that being document as you read from, and I insist upon readinth' The Arrortxmc-cimiEiturl!t,and it shall be read. lf it is read, I must have a Mr. COCKBURN—I can assure the jury, that, in the con duct of the case of my client, I will not allow the instruc tions given to me to operate upon me as my Learned Friend has done, who has poured forth the foulest malignity upon the defendant. The ATTORNEY GEYERAL—I must object to having any personal imputations passed upon me in the conduct of .the case. Mr. Cocruiwar--I say that it was a most foul attempt to blind the merits of the case by pouring a tissue of slander upon my client. The LORD CIIIEF Binorr—l think, Mr. Cockburn, that some concession is due from you to the Attorney-General, you having made charges affecting his character in conduct ing the cause. Mr. COCKBURN—I can assure your Lordships that in any thing I have said I had not the slightest idea of imputing improper conduct, personally, to my Learned Friend, and if any expressions which I used are considered by your Lord ships as stronger than the case demands, I most willingly retract them. _ The Arromcgr-GxwEnAL—My sole object in interrupting you was to caution you that, if you read any fresh documents, I shall be entitled to a reply. Mr. Cociuiumc—l am much obliged to yon. The Learned Counsel then proceeded to read the report of the whole trial, as given in the Medical Times, and then proceeded to comment most strongly on the conduct of the plaintiff sending his attorney's clerk to obtain a copy of the paper, for the purpose of founding a second action upon the self same libel. It showed the vindictive spirit which ac tuated the plaintiff in causing these proceedings to be brought. The defendant was the proprietor of a rival news paper, and the plaintiff seemed to omit no opportunity of destroying him by these legal proceedings. Was it for that his client should be dragged into the court a second time for the publication of the same libel ? His Learned Friend had de nounced in the most unmeasured terms the writer of the libel as person who was a disgrace to his profession, and such an one as caused him to blush for the character of that pro fession. He (Mr. Cockburn) had watched his Learned Friend closely, and had seen no blush mantle over his crim son cheek, but he must say that he almost blushed to hear such charges brought against the defendant as his Learned Friend had hurled against him. Mr. Wakley had obtained a victory over, and 150/. from the defendant, what then was to be expected, but that the defendant, the proprietor of the Medial Times, should give, in the next number of his journal, an account of the proceedings to his readers, and was it un natural to suppose that the writer, smarting under the effects of a victory, would use rather strong language upon the subj ect ? The Learned Counsel concluded an eloquent speech by con tending that the libel complained of in the leading article of ' the Medical Times on the subject of a trial, was nothing more than could be expected. His Learned Friend had said that it "all looked yellow in a jaundiced eye," but for the life of him—and he appealed to the common sense of the jury in support of his opinion—he could not discover the slightest libel in the article, neither had his Learned Friend, either in his declaration or speech called attention to any special case of libel. The plaintiff was a public character, and as such open to public criticism upon his character by the public journalist. There was not a public measure connected with politics which had been commented upon by the public jour nals, the leaders of which were not critised in language ten times more strong, and to which the present libel was mere milk and water. If the course adopted by the plaintiff had been pursued by all those pub lic characters, the courts of law would have been occu pied with nothing else but trials of this nature. It was essential to the character of public men that this public criticism should be allowed to exist, and it was difficult to weigh nicely the amount of power to be conceded to the public press, though there was no doubt that if a public writer abused his power to propagate wilful slander he was deserving of punishment for se doing; and he was certainly most surprised that a public character like Mr. Wakley, and himself the editor of a journal, should have thought fit to adopt the present proceedings. It would be for the jury to consider whether, under all the circum stances of the cue, there was anything in the article calcu lated to affect the character of the plaintiff beyond his public capacity, and whether the defendant had exceeded the proper bounds due to him as a public journalist. They must not allow themselves to be carried away by the vehement, violent, and unjustifiable language towards the defendant used by the Learned Attorney- General in opening the case, but calmly and fairly to consider the question, and the result of that consideration would, he fear lessly believed, be a triumphant verdict for the defendant. The LORD CHIEF BARON, in summing up, said that as the publication of the libel was admitted, and as no justification had been attempted for the libel in question, their duty would be to return a verdict for the plaintiff. It would be for them to say, however, what amount of damages should be returned. A great deal of very violent language had been used by the Learned Counsel on both sides, but it would be the duty of the jury to divest their minds of the effect of all such expressions, and to consider whether the de fendant was really justified in publishing the libel complained of by the complainant. It had been said that the leading article; containing the libel was published by the defendant upon a trial which had before that period taken place. The jury, however, must be told that no man having paid damages for a libel purchased , the liberty to repeat, or to re-publish it in the manner com plained of. It had been said that the publication of a trial was perfectly orthodox. He wished it to be un derstood that in case of any trial for libel, or blasphemy, when the matter complained of was reprinted it became a question for the jury whether it was intended by the republication of the libel or blasphemy, to repeat the same with a malicious intent. The report of the trial in the present case, as published in the Medical Times, appeared to be perfectly correct. No doubt it had been copied from the notes of some shorthand writer, employed for time occasion. The public reports of the law courts were performed in the most efficient manner, and reflected generally the highest credit upon the parties employed in reporting these cases. The jury retired, and after an absence of 55 minutes, re turned a verdict for the Plaintiff.—Damages, 1751. REEVES V. MARQUIS OF 6ONNYNC3IIAM. Thii was an action brought to recover of the defendant the sum of 351. for articles of upholstery supplied to the Mar chioness. The noble defendant pleaded that he was not liable to this claim, on the ground that his Lordship was living separate from • the Marchioness at the time of the debt being con tracted, and allowing her Ladyship full and ample means of maintenance. I.lr. llumfrey and Mr. Temple appeared for the plaintiff; Sir F. Kelly and Mr. Lush for the defendant. The plaintiff was an upholsterer, carrying on business in Piccadilly, and during the years 1843 and 1814, the Mar chioness had made several purchases at his premises, some of which were sent by her ladyship's directions to a mansion in Portland-place, at the residence of her sister, the Duchess of Richmond, others to Berkeley-square, to Richmond, and to Mivart's Hotel. Various other articles of the goods were also sent to the Duke of Richmond's residence in Scotland, Gordon Castle. A balance of 35/. was due upon these various trans actions, and the' plaintiff, not having been able to obtain payment of the sum from her Ladyship, the present action was brought to recover the sum from the defendant. The sale and delivery of the goods in question having been proved, The Duke of Richmond was called, who fully admitted the receipt of the articles forwarded by the Noble Marchioness. When he discovered that these articles were not paid for, and that an action was brought to recover payment for them, he offered to pay the demand. The Marquis and Mar chioness were not living together at Richmond in the year 1843, but the latter had resided there after his separation ; the establishment having been kept up for her Ladyship. The allowance paid to the Marchioness was 2,400/. a year. Sir F. KELLY now conteadcd that this sum was amply sufficient fur the maintenance of her Ladyship, and that, therefore, the Marquis was not liable for the payment of the debts contracted by her. The LORD CHIEF Baßoie said that the fact of the allow ance having been proved, and that sum being considered sufficient for her maintenance by her Ladyship herself, hav ing accepted the same from time to time, the plaintiff must be nonsuited. The plaintiff was nonsuited accordingly. COURT OF COMMON PLEAS, Feb. 11. G1L8.4 V. SMITH. This was the third of the thirteen actions brought by the plaintiffs, Messrs. Francis and Alfred Giles, engineers, to recover 1,560/. for work and labour done in preparing the plans and sections of th, Tunbridge Wells and Rye Harbour Railway. The present defendant is Mr. Smith, a solicitor in the city. The difference between the present case and the two we gave yesterday consisted in the fact that the defendant had been present at a meeting of the provisional directors, held on the 27th of October, 1845, at which certain resolutions were agreed to. The first resolution was one in confirmation of certain business done at a previous meeting, held on the 16th but which the defendant had not attended. On the 16th the principal business transacted was appointing the plaintiffs the engineers of the company, and instructing them to pro ceed with the survey and preparations of the plans, &c. It was by the meeting of the 27th, confirming this contract and arrangement with the plaintiffs, that the liability was sought to be affixed on the defendant. The evidence ad duced during the day was mainly to strengthen the alleged liability springing out of this transaction. For the defence, it was contended that the transactions of the 16th did not bind any parties but those who were present, and that the defendant, not having taken any part till the 27th, had nothing whatever to do with the contract. The LORD CHIRP JUSTICE having summed up at great , The jury, after a consultation of about a quarter of an hour, returned a verdict for the defendant. POLICE INTELLIGENCE, LAMBETH. Yesterday in atsha e:naeleplaced a ll at:ef a ad n 2 l wao ta tsh h . to, h iC bae i utb n t g at ar , h t iof h sen e wct mhoducea Court, following alf r oog, ,roo, hadn Og disorderlye f hb o ea r er d ng , ewc conduct, who tiredcutce tda t , w Maurice Callaghan, 117 I', deposed that about twelve o'clock on the preceding night he heard a loud screaming in Bolton-street, Kennington-common, and on going to where it proceeded from he found the prisoner very much intoxicat e d. lie then told her, that unless sh e was qu i et and went home . at once, he should take her to the station-honse, and she promised she would do so. In about an hour after, in passing the house, No. 20, Bolton-street, where the prisoner's (laughter lived, he saw a strong light and the door open ; he entered the house, and on going into the parlour found the candle turned down upon the floercloth, the floorcloth and a part of the wainscoting on fire, and the prisoner lying on the floor at a short distance from the flames, inani mately drunk. Her (laughter was also seated on a chair in the same room so drunk as to be incapable of affording her mother the slightest assistance, or even calling out for assistance, so that if witness had not gone into the house when he did, the house must have bees burned down, and both the prisoner and her daughter would have perished. The witness added that the present was the third time of his having the prisoner in custody within a few weeks. don, le sa to idhe bear.r trou bles prisoner, who has been but a fewweeks divorced fro m b h i e e r s husband, r a t m o a d n rin o k f property more tha than t s she i n wasg Mr. Noarow observed that it was a great mercy herself and her daughter had not been burnt to death, and ordered the prisoner to find bail for two months. Soon after, the son-in-law of the prisoner, who is a re spectable man, holding a public situation, applied to Mr. Norton to know what he should do about his wife, who had been made a common drunkard by her mother, and was distressing him beyond measure, and harbouring her mother contrary to his wishes. His mother in-law had disposed of furniture that cost her nearly 3001. for a mere trifle, and, not content with doing so, sold part of his property also. Mr. NORTON told him he should be particular as to the bail be should receive for her liberation, and the applicant had a right to prevent her coming to his house if ho thought proper. THE CHRISTIAN NATIVES OF TAHITI.—Lord Pal merston has intimated, in answer to the numerous addresses presented to him, that he is in negociation with the French Ambassador on the subject of Tahiti. His Lordship states that "he has every reason to expect that an arrangement will be effected satisfactory to the memorialists, and the protection of national and personal rights."—Cheltenham gzumirter. 11. E SUN, LONDON, PRIDAY EVENING, FEBRUARY 12, 1847 IMPERIAL PARLIAMENT. HOUSE OF LORDS, Feb. 11. The LORD CHANCELLOR took his seat on the Wool sack at Five o'clock. CHELSEA PENSIONERS' BILL. On the motion of the Marquis of LANSDOWNE, this Bill was read a third time, and passed. DUTIES ON RUM. The Earl of RADNOR presented numerous petitions from Cupar, Fife, Perth, and other places in Scotland, against the proposed alterations in the duties on rum. POOR-LAW SETTLEMENT. The NOBLE Emu. also presented a petition from the city of Old Sarum praying their Lordships to amend the law relating to the Poor-law Settlement Act. POOR REMOVAL BILL. Lord BLA N EY presented a petition from Monaghan against the Poor Removal Bill. HYDROPATHIC TREATMENT. Lord BROUGHAM presented a petition, signed by Mr. Rowland, a surgeon, stating that he had heard with surprise that a verdict of manslaughter had been re turned on a coroner's inquest against a gentleman for treating a patient under the hydropathic treatment. The NOBLE LORD also presented a petition, signed by a Mr. Ross. of the same nature, ` (as we understood). JEIR•AT-LAW SOCIETY. The NOBLE LORD also presented a petition from the managers of the Heir-at-law Society, com plaining of the cond uct . of certain city mag i s t rates in hearing charges against them relating to the way in which their society was conducted, without giving them an opportunity of meeting these ex parte s t a t ements . The Noble Lord said that this was a subject which had been repeatedly complained of. The magistrates had no right to entertain these charges nor even to listen to them, and he hoped that an end would be put to a mode of proceeding so unfair. NATIONAL POOR RATE. Lord WALS INGHAM presentecfa Petition from Swaffham, in the county of Norfolk, praying for the abolition of the present law of settlement, and that a general national rate should be enacted. The Noble Lord did not wish to be understood as concurring with the petitioners in all they had stated , but was of opinion that the subject was one into which inquiry should be made. It gave him great p leasure to hear th a t it was th e inten tion of the Noble Lord near him (Richmond) w h o h a d paid a good deal of attention to the matter, to m ove f or a Committee of Inquiry into the subject, and he would suggest, that in the event of the Committee being granted, their inquiry should be directed to the levying of an equal rate throughout all unions. It appeared to him that it would be a great advantage over the present union of settlements. It would at once open up to the labourer an ample field for employment, while it would revive that pecuniary interest in the rata-payer, which was supposed by some to be of so much advantage. The Duke of RICHMOND said, as the Noble Lord had alluded to what had fallen from him with respect to the Law of Settlement, he wished to say a few words. He had stated, and he now repeated it, that a more clumsy measure was never introduced and passed than the Law of Settlement. It was origi nally proposed as a much more extended measure, but half of its original provisions were left out, and the lawyers did not agree as to the working of the portion tha t remained. It had d one g reat mischief, and if a committee were appointed, and he should move for one on a future day, the injurious effects of its working could be proved. Nothing did so much mischief as the continual alterating of the law of settlement, as the poor found it difficult to ascertain, from the different views th proper atpreva wayiled prevailed, any claim them.ydefiniten notion of the settlements and the Earl FITZ WILLIAM approved of the principle of the present Law of Settlement, yet he admitted the clauses - were so involved that its working was most de fective and injurious. He thought that if the poor-law guardians had certain rules laid down for their guid ance in matters referring to the removal of paupers, by some central authority, there could not possibly be any ground of objection. Lord BEA UMONT said that an evil of considerable magnitude had lately arisen in the construction of cot tays upon the land at:the lowest possible prices, and let ting them at the highest rents, without paying any rates for them. He thought that with reference to the Poor lawit Settlement Bill passed last session, that was a mea sure that was both just to the rate-payer, and generous to the pauper. There was one point which the Noble Lord who presented the petition should consider well, that was, whether the fact of high wages being given at some places might not act as a sort of advertisement for drawing paupers from the poorer districts. The Earl of STRADBROKE was of opinion that al! property should be rated. He knew a place where there. were from 700 to 800 small cottages exempted from as sessment. In Ilchester so great was the number of houses exempted, that forty-five per cent. of the rates were left unpaid. Lord WALSINGIIAM agreed with the Noble Lord that the small occupier should be rated, as it would give them an interest in keeping down the rates as much as possible. CRIMINAL LAW AND JUVENILE OFFENDERS. Lord BROUGHAM gave notice that, on Monday next, he would present a petition from the magistrates of Liverpool on the subject of the administration of criminal law, and of juvenile offenders. THE POOR REMOVAL ACT. The Duke of BUCKINGHAM presented a petition from Long Crenden. praying for the abolition of the Poor removal Act of last session. DEDUCTION ON RUM. _ _ The Duke of RICHMOND presented a petition from the malt distillers of Huntley, Aberdeenshire, against the proposed reduction of the- duty on rum. The petitioners thought that with the various restrictions and burdens on them they ought not to be subjected to an unfair competition. He hoped, there fore, their Lordships would do much to make a full inquiry into the statements of the petitioners before they assented to the reduction complained of, and he was quite satisfied that Mr. Robinson, the gentleman who signed the petition on be t half of the other petitioners, would be able to substantiate all the statements made if an opportunity were given him, as he (the Duke of Richmond) hap pened to know that gentleman, and he would under take to say that he would not put his name to anything that was not true. Lord MONTEAGLE said he had recently received a deputation upon the same subject, and he felt that he could rely with confidence upon the information they gave hi m . He thought the distillers of this country ought to be placed upon an equal footing with those of the colonies. The manufacturers of spirits in this country were subjected to in conven i ences and re strictions to which the manufacturers of spirits in the colonies were not liable. The colonial manufacturer could distil how he pleased or where he pleased, without any control, while the manufacturer of spirits in this coun try was compelled to go through a number of formalities, pay duties upon every ingredient used in th e i r mann factories, and subject themselves to all sorts of restric tion and inconveniences imposed on them by Govern ment.—(Hear, hear.) He therefore thought some alteration ought to be made in the law. The Duke of RICHMOND presented similar petitions from distillers in Elgin and Banff, and the towns of Hamilton and Keith. The Noble Duke also presented a petition complaining of the charge imposed on land. The Marquis of LANSDOWNE presented copies of the correspondence which had taken place between the Government and the Lahore Durbar during the Maparaja Runjeet Si ng h, w hi ch was minority of th e ordered to be pt Their Their Lordship s then adjourned. ROUSE OF COMMONS, Feb. 11. The Sr.EAKER took SECOND Chair at READING Four o'cleck. S. The following Bills were read a second time:— East Lincolnshire Railway (Louth Navigation Purchase). London and Blackwall Railway Improvement and Branches to St. Katherine's and London Docks. Windsor, Staines, and South-Western Railway (Rich mond to Windsor, &c.) Windsor, Stsines,_ and South. Western Railway (Staines IV to Ascot and olcingham, with Branches). PETITIONS. Mr. GREENE presented petitions against the North British and other railways. Lord DUNCAN presented a petition against the Exeter, Yeovil, and Dorchester Railway. Mr. DILLON BROWN presented a petition from the barony of Westport, in the county of Mayo, praying the House to establish food depots in Ireland. Mr. BROTHERTON presented a petition from the board of guardians of Salford, praying the House to establish a poor-law for Ireland which should throw the maintenance of the poor upon the owners of the land dif . Several Hon. Members presented petitions from ferent places, praying fur an alteration in the Poor Removal Act of last session. Colonel CONNOLLY presented two pe titions in fa- Colonel our of Lord George Bentinck's Bill for aiding the Railways in Ireland. Mr. BRIGHT presented petitions fr o th e abuli Bury, it th e e city of Lo n d on an d G reenw i c h, p r ayin g r of punishment of death. Mr. 11. BERKELE Y presen t e d a petition, praying the House to reduce the duty on copper ore. Mr. M. PHILIPS presented a petition from a tobac conist of Manchester, named Stork, complaining that the Income-tax Commissioners had assessed his profits at 5001. a-year, while ho was prepared to prove that he had lost instead of g a i ne d by his business , a nd p ra y in g the House to amend the law, so that be, and others similarly situated to himself, might he relieved from its operation. Lord R. GROSVENOR presented a petition in favour of the claims of the Rajah of Sattara. Sir J. C. HOBHOUSE presented a p Nottingham, etition from in favour of the reduction of the duties on tea. DECCAN BOOTY. Mr. HUME asked whether the ten lacks of rupees lately p a id b y t h e Ind i a House a s a final settlement o f interest and unpaid balances of the Deccan booty, ar e t o be immediately distributed to all the c laimants g enerall y , or whether those who claim for actua l ca p ture would be paid in preference to those who claim for constructive capture ? Sir JOHN CAM HOBHOUSE replied, that it was quite true that during the course of last year a final adjustment took place between the court of directors and the trustees with respect to the sum to be paid, and he understo o d that Mr. Arbuthnot would lose no time in seeing that the distribution took plsee• With regard to the question as to w h o was to be paid first he could give noinformation. JOINT STOCK COMPANIES. Mr. THORNELY said he wished to ask a question of the Right Hon. Gentleman the Vice-President of the Board of Trade with regard to a Bill promised last year to enable joint stock companies to wind up their concerns. He wished to know whether any progress had been made with the Bill, and whether it was likely soon to be submitted to the House. Mr. M. GIBSON replied that the Bill was in prepa- ! ration, and some legal provisions had been submitted to the consideration of the Lord Chancellor. He had every hope that at no distant period the Bill would be sub mitted to the House. WASTE LANDS IRELAND. Mr. SMITH O'BRIEN gave notice that, to.morrow, he would ask a question of the Noble Lord at the head of the Government, as to whether, in the event of a company being formed fur the reclamation of the waste lands of Ireland, the Noble Lord would fa cilitate the acquisition of the powers by which it was proposed to effect that object. Dr. BOWRING put off his motion relative to public accounts till this day fortnight. Mr. CHRISTIE also postponed his motion for an in quiry into the Universities of Oxford and Cambridge till the same day. NOTICES OF MOTION. Mr. WADDINGTON gave notice of his intention to bring in a Bill for the regulation of the law relating to small tenements. Lord COURTNEY gave notice of his intention to move an amendment to the Poor Relief Bill in Committee. THE WELLINGTON STATUE. Mr. CRAVEN BERKELEY gave notice that, on Monday next, he would ask the Noble Lord at the head of the Woods and Forests whether any communication had been made to the Government by the committee of the Wellington statue with respect to the removal of the scaffolding round the statue; and, if it was to be removed, at whose expense the removal was to take place? Lord CASTLEREAGH presented a petition from a place in the county of Down against extending relief to the able-bodied poor in Ireland ; as, in the opinion of the petitioners, it would tend to increase improvident marriages, and lead to the confiscation of the property of the country. They also prayed that if such a measure should be approved of by the House, that the extension of such relief should be optional with the board of guardians Mr. SMITH O'BRIEN presented a petition from the fathers, mothers, brothers, and sisters of those who had fallen 'victims to the famine in Newport, county Mayo, praying that immediate measures be taken to stay the mortality among the people. Mr. MILES presented a petition from Shepton Mallet, against the Poor Removal Act of last session. Also a petition from Bristol, in favour of the reduction of the duty on tea. ' _ TEN lIOURS' BILL. Lord JOHN RUSSELL presented several petitions frotn mill-owners and others, in favour of this Bill. IRISH MEASURES. Mr. ROEBUCK wished to ask the Noble Lord a question. There were now before the House four Bills respecting Ireland. One they might consider to have been disposed of—he meant the Bill for the immediate relief of the destitute poor of Ireland, which had gone through Committee, and which might, therefore, be con sidered to have received the consent of that House. Then there was the Bill to indemnify the Government for their departure from tho' Irish Labour Act of last year. Besides these Bills there were the Poor•law Bill and the Bill for granting loans of money to the owners of land in Ireland. What he wished to know was, whether the Poor•law Bill would proceed pari passu with the Landlords' Bill, or whether he proposed to carry them separately ? Lord JOHN RUSSELL said, in reply to the ques tion of the Honourable Gentleman, he had to intarm him that it was the intention of the Government that the two last Bills—the Poor-law Bill, and the Bill for lending money to the proprietors of land, should proceed together. He could not say the particular days on which they would be taken, or whether one would be taken before the other, but he should wish to have them read a third time almost simultaneously by the House.—(Hear.) He was anxious to have them read on days a u closely following each other, that they might be sent up to the other House of Parliament, as nearly as possible at the same time.—(Hear.) He considered that the one measure should be decided at the same time as the other —(Bear, hear)—for if the one failed in its object, it could not prove otherwise than detrimental to the Other. IRISH POOL-LAW BOARD. Mr. SHAW desired to know, before the permanent Poor-law Bill came into operation, what was the or ganization which the Noble Lord proposed to etrect in the new poor-law board, especially as it related to Ireland. Lord J. RUSSELL said that a short Bill arrangir g the organization of that board was now under con sideration of the Government. Amidst the hurry of bu• siness he had not been able to examine its provisions, but they would bring it forward on u very early day. RAILWAY - PLAN FOR IRELAND. Colonel WOOD desired to know whether the Noble Lord, the Member for Lynn, would bring forward his Bill for a system of railways for Ireland. Lord G. BENTINCK said that it entirely depended upon the business of the House. Mr. S. O'BRIEN said it was the wish of the Irish Members that the Noble Lord would defer it until Tuesday next. MONEY TO IRISH RAILWAYS. Colonel OSBORNE desired to know what sum of money had been granted for the earthworks of the Limerick and Waterford Railway ? The CHANCELLOR of the EXCHEQUER said that he oould not answer the 'question off hand. PRESENTMENTS IN IRELAND. Sir H. BARRON wished to know why the Board of. Works had delayed to send down drainage surveyors to carry into operation the sums of money which had been advanced under the Act commonly called Mr. Dtbou chere's Act. He hoped that his Eight Hon. Friend would explain to the House why the delay had taken place. Mr. LABOUCHERE said, that unless he had the re port of the Board of Works ho could not give a distinct answer. The Board of Works had been obliged to delay longer than they could have wished the examina tions necessary to the presentments before the money could be advanced to carry them out, as, in many in stances, there had been a difficulty in finding competent surveyors to undertake the works. The Board of Works itself was most anxious to facilitate the works. Mr. W. COLLETT wished to press the question already asked by an Hon. Member. He wished to know whether any advance had been made to the Limerick and Waterford Railway? The CHANCELLOR of the EXCHEQUER said, that in order to answer the Hon. Gentleman it was ne cessary that he should read the Treasury Minute which had sanctioned the advance.—(Hear.) The Minute stated that the Commissioners of the Public Works had, with regard to a portion of the line for which the authority of Parliament had bean obtained, advanced sums of money for the execution of the earth-works ; and with regard to that portion of the line for which the authority of Parliament had not been obtained, and of which it. was intended to alter the course as soon as the consent of all the landholders should have been obtained, the money necessary for the earth-works would be advanced. COMPENSATION TO IRISH TENANTS. _ _ Mr. SHARMA'S CRA.WFORD moved the following resolution, of which he had given notice :—That it ap pears to this House, from the reports of various Com mittees and Commissions, that the system generally adopted in times past in the letting and management of landed property iu Ireland, has been one of the main causes of the present distressed state of that coun try, and the disordered state of its social relations ; and that no measures can be effectual in producing a demand for labour, or improving the conoition of the people, which shall not include such an amendment of the laws of landlord and tenant as shall give to the improving tenant in occupation a sufficient permanency of tenure, or else establish the tenant's right to claim by law full compensation for all benefits createl by the expenditure of his labour and capital on the pre mises in his occupation. The question, he said, had often been asked, what were the causes of hie evils which afflicted Ireland, and who :ere responsibli, for them, that as yet no solution of the matter had been arrived at, nor did it seem to be understood. He hat therefore been induced to draw the attention of the House to show how far these evils had resulted from the relation that had existed between land lord and tenant, and to what extent the pro prietors. of Ireland were responsible fur them. It' ever there was a time when inquiry was needed the present was the moment, when they were voting such large sums of money for the relief of the people of Ire. land, and when, lie regretted to say, Irish Members were opposing a poor-law, and throwing off a responsi bility to which they were justly subject. It was with pain that he had seen a resolution, signed by the name of a leading Irish Peer, declaring itself opposed to the moderate proposition of the Noble Lord fur the relief of the people of that country, and in which the measure empowering relieving officers to grant out door relief under certain circumstances was reprobated. With such circumstances before them, it was right that they should inquire into how far the landed proprietors of Ireland were responsible for the state of things which prevailed. The first portion of the resolu tion he had to submit was as follows :—" That it appears to this House that from the reports of various Commit tees anti Commissioners, that the system generally adopted in times past, in the letting and management of landed property in Ireland, has been one of the main causes of the present state of the country." As he had made this assertion it was his duty to bring before the House some portion of the evidence on which he based that assertion, but he would confine his obser vations within very narrow limits. The Land Commission, in their report, referred to thirteen reports of former committees, after instancing the large possessions in the hands of a few individuals, they referred to the penal laws, the forty-shilling free hold franchise, and they concluded with the following observations :—" That whatever difference of opinionts was put forward and maintained on other s poi the testimony of all witnesses concurred in this, that e ' to be the great evils under which Ireland laboured lt w traced to the want of proper employment, f that country. proportion of the agricultural labourers of multiplied • to the The Committee of 1830, on referring by er a large evils of Ireland, said they conceived it was to consider individuals, as we ll as o f th e Legislature, this mass of what moa ns oug ht t o b e t a ken to diminish the duty of suffering, and th e y suggested that by promoting the better management of estates, and regulating the arrangements between landlords an d tenants, on a national principle, that good of the country. He might be effected. So mu c h f or th e general condition would now refer to the import a nt evidence of Mr. Lesley Foster and of Mr. Betchworth, in the year 1825. The former witness traced a considerable portion of the evils the want of encouragement given t o affecting land to • no. or draining ; and th e repairing tenants in building , d e that the landlords of Ire land were wanting latter gentleman gave evidence in the kindness and generosity which so eminently possessed the English pr o p r i etor. that the evils They© were strong proofs of Irel an d h a d the aIISe3M.LICt Or the .1% b ee n produced by The first who introduced the middle men were t h e land lords, fvr they were not introduced by the tenants cal the several properties. And what was the evil con sequence of the introduction of these middle men ? Why, another evil of almost equal magnitule —that of subdivision. Then there was another evil, that of con-acre. These middle men let houses to the poor people without any laud, and these peope were therefore obliged to take land for the sake of the poor people, and the coirequence of this was the increased population of the country, the non-drainage of estates, low wages, which could neither support the men nor their families, bad houses, and general distress, and the still further result of a tr►x on the lands of England. But there were evil consequencesll; another way, for whilst the poor people were starving they were absolutely sending corn out of the country, to the extent of te o millions and a half of quarters. Ile found by the returns that in the first six months of 1846, the exports of corn from Ireland amounted to 1.776,000 quarters, while the imports of the Government amounted to only 118,000 quarters during the same period. The gentlemen did not return to the people to give profitable employment, and the result was that the pro prietor did not employ the people—the farmers did not employ the people, and the occupiers did not employ the people, and the people did not work for themselves because they had not the proper remuneration for their labour. There could be no doubt that the want of security for the tenant with regard to their lands was a feeble source of misery to the people. There were two counties, one in the south, and another in the north of Ireland, between which he would make a comparison —he referred to the counties of Down and Limerick, and in one of those, the distressed condition of the people arose entirely from the small holdings having no security for their tenure The number of farmers in Down, holding from one to five acres, was 14,000, and in Limerick it was only 7,000. The number of farms in Down, from 5 to 15 acres in extent was 11,000,. and in Lime rick the farms of the same description amounted to 7,000. The number ef farms over 30 acres in Down was 15,000, and in Limerick 300, and yet in Limerick the presentment amounted to 186,000, and in Down to 2.976. Farms were more suodivided in Down than in Limerick, and yet it was more prosperous, as, by the custom of the country there was a proper security to the tenant for any improvement he might make in his lands. The only way to elevate the condition of the people of Ireland, was by securing them a compensation for any improvement they might make. There was a prevalent feeling in certain quarters that small lettings should be done away with; that no one should be the farmer of lurid unless he had held the plough. But how could they ever expect the labourers to rise unless there were different sizes of farms. In the county of Down the benefit of small lettings had proved to be most beneficial. The tenant right for which he con tended was such, that the holder of- land was not re quired to give up possession without receiving from the proprietor the value of the improvements he had made. He could also sell the improvements to any tenant that might follow. What would England and Scotland do in the harvest season, if it were not for the Irish labourer? He was no advocate for small holdings as they existed in some parts of Ireland. He was no admirer of cotter tenants but he did maintain that a considerable degree of the prosperity of the north of Ireland depended on the division of land into small but reasonably-sized farms. —(Hear,) With reference to the system of mid dlemen, he held that it was one which destroyed all confidence between the landlord and tenant, which repressed all improvement, and was a fruitful cause of the miseries of Ireland. No security was given by the middleman to the tenant, and he could not claim one from the landlord as the middleman stood between them. Unless they passed a law for the i,provement of land lord and tenant, it would be of little use to pass a law for the reliet of the destitute poor of that coutdry; and unless there was such a law passed, it would he utterly useless to do anything else, and there Mould be an end to all improvement, and an entire loss of all the labour and the expense which had been incurred. Ile did say that there was a greater evil than that of the absentee landlerds, for he could say, from his personal knowledge, that the properties of • many of the absentee landlords were in a far better condition than those of the resident landlords. The people were better housed, better fed, and in a better condition on those estates. It was safe ny the Irish landlords, that if the rates were levied that. they would never be paid, but, if the poor people we-re unable to pay the rates, why did not the landlords pay the rates themselves. If they did so, then would they ob ain the good-will of the people of this country, and would be held worthy of the money which had been contributed, and the assistance which had le en rendered by this country. He did not wish to say one word that would De (Alen .ive to the Irish landlords, but in the course of bringing this sub' ect before the House, he challenged them to throw off the responsibility- which their positior imposed He was thankful to the House for the indulgence which it had shown to him. He, trusted that the landed proprietors would not shrink from their responsibility. He hoped that the Noble Lord at the head of the Government would give him K pledge that some amendment of the law of landlord and tenant would be effected.—( Hear, hear.) He hoped that he would teii him that such a measure was one of those which he intended to introduce. Sir I). NORREYS said that unless it could be made the interest of the landlords to give security to their tenants, it would be wholly useless to expect WIN' move • ment on their part to e ff ec t w h a t was to muc h - desired. In order to induce the landlords to give leases he would take away the stamp duties, and he thought also that it was absolutely necessary that all local taxation should be thrown upon the landlords, where there were not leases for at least twenty or thirty years. On this subject, he did think it would be of some interest to the House to give its attention to the opinion of a foreign r, whu had probably observed Irellind, and had written better on Ireland than Tiny other person, and who probably knew the condition of Ireland better. He referred to Mr. De Beaumont, I , his thought the uncertainty of tenure in Ireland was the mainspring of most of the evils that afflicted it.—(llear, hear.) Mr. TUITE then addle ssed the House, but was for some time ineudible, from the confusion which prevailed. He was firmly persuaded that no benefit would accrue to Ireland till they had generally a resident, instead of an absentee, proprietary. He altogether denied the asser tion which had been made by some Hon. Members in that House, that the property of absentees was as well managed as the estates of the resident gentry. From experience he knew this was not the case. Lord CASTLEREAGH wished to call the attention of the House very shortly to the observations of the Honourable Member for Rochdale. He gave credit ro the Honourable Member for the best inten tions, but he might be permitted to say that the improvements in the county to which he had the honour to belong were increasing, while the tenantry experienced a freedom frum distress which was gratifying to those interested in what —in the welfare of the country. He would beg to say, in one word, why he could not support the resolution of the Hon. Member for Rochdale. Hon. Gentlemen in that House were tee much accustomed to look on Ireland as they would upon a county, and to entertain the opinion that whatever measure would suit that county would be equally suitable for the whole of Ireland. Hun. Gentlemen were nor perliep, aware that the systems of agriculture sere widely different iu different parts of the country. Were the measure o the Honourable Member fcr R. chdele, tf eretore, ear ned in that House, it would involve the greatest, mischief to the landed property in that courtiry. lip trusted that without a legislative enactment improvements, which were going on in the north, would extend into the south, aid that the relations between the proprietors of the soil and the tenants would be carried out in a spirit of liberalty. Colonel CONNOLLY objected to the resolution of the lion. Member, because, while it did not carry the force of law, it was sufficiently important to disturb existing interests and arra .gernents. He relieved that in the part of the country with which the last speaker was connected the system was carried out by his Noble Father of recognising tenant rights by making allowances to those tenants who had made any im provements. Now at the present moment the landlords and tenants were on the best understanding with each other, and he thought, therefore, that it would be bad p o li c y to i nterpose a law to unsettle that understanding. The Hon. &lemurr seemed to think that it would tend to propel the improvement of Ireland; but he (Colonel Connolly) believed that it would have a very different consequence in that country, and for that reason he should oppose the resolutions, and he trusted that the House would de cide that no general resolution would produce a good effect. Mr. LABOUCHERE would detain the House but a very few moments, and he trusted that if he decided to oppose the acceptance of the resolutions, the Hon. Member for Rochdale (Mr. S. Crawford) would not consider that he acted from any disrespect. He quite acknowledged that the subject was one well- worthy of the attention of the Howe, and that he had exhibited a great knowledge of the question in the way in which he had submitted his views to the House. He did not know what had induced the Hon. Member to deviate from the c o urse which he had formerly adopted. Had he adopted thi s course, and had moved for leave to bring in a Bi ll, he was p re p ared to say, on the part of the Government, thathe a s m ho e uld have evinced a,ure . He did no objection to the introduction of s uch see the reason why the same cours e had not been adopted now as on former occasions , but hec r u e l s d ol n u o t t io h n e s l p fo s r u b sp e e c c o t m in in g g t t h h a e t the Hon. Member intended these basis of a law. g d with the Hon. Member f or Donegal ( Col. Connolly ) general resolutions were passed on H thea at - ree par ticular emergencies; but in the present state of Ireland reso l ut i ons such as these were particularly injudici ous . The Hon. Member had pu t two alternatives. H t of H two said with respect to Ireland , th at the House cou ld k They could either give a permanenc y of tenure of th e l an d h e held to the tenant , or the y cou ld give him compensation for the i mprove ment which he had effected upon his h o ldi ng. N ow heMr. Labouchere) thought that it was at all times inadvi sable to put two courses before the House, and he must say that the terms in which these resolutions were expressed, were in the extreme vague and indefinite. To give permanency of tenure to the tenant would altogether change the principles of the law of property ; but to the principle of compensation to the tenant, he conceived the House was, though not i n f act , already committed. He thought th a t he should do wrong to anticipate the discussion which would take place when the 'measures were to be introduced. It they interfered, they should adopt the principle of interference with caution and due deliberation, mid they should take especial care that they shonld not shake the rights of property, which he held to be the corner -stone, in every. civilised part of the world, of civilisation and prosperity. But it might be right to interfere in such a manner as would place the tenant in a se curer and more satisfactory situation. He agreed with his Hen. Friend that if he would be able to accomplish such an object, he would confer a lasting benefit upon the country, and tend to her presenf and future benefit. Such a measure, conferring such advantages, would be a suitable ac companiment of those which her Majesty's Government thought proper to introduce. Holding these views, he did not think it necessary to trouble the House with any further re marks. When the subject would be brought forward by the Government, he would then have an opportunity of stating his opinions. Mr. FITZSTEPHEN FRENCH said that the tenant right was a most unfair and mischievous practice, unfair to the lord and unfair to the tenant him=eft ; teeming tenzto to pay more than twenty years' purchase for the right of pose bunion from year to year. to foot, he had to pay a sum which ought to obtain him the fee-simple of the land, The conse quence was, that he came there a pauper without capital to in vest in its cultivation. Mr. SMITH O'BRIEN wished to know when the Go vernment proposed to introduce any Bill on the subjc.ct re ferred to in the resolutions proposed by the Hon. Member for Rochdale. The Bill was much called for, and it would lus better, perhaps, if the Government would name some particu lar period. Mr. LA BOUCHERE—It depends upon the progress made with the other measures before the House. He hoped to be enabled to introduce the measure before Easter. Mr. S. CRAW) ORD said that the reason he brought for ward the resolution was, that at the close of last session the Noble Lord said that a Bill would be prepared by Government early this session on the subect. He was disappointed in that expectation, as the Bill was not brought forward among the other measures proposed by Government. He did not wish to take the matter out of the hands of Government, but now, on withdrawing the resolution, he should give notice that at some future period he should ask for leave to bring in a Bill on the subject. The resolutions were then witly:rawn. . COMMONS INCLOSURE ACT. Mr. AGLIONBY moved for leave to bring in a Bill far ther to amend " the Acts to facilitate the Inclosure and Im provement of Commons," by providing that all waste or common lands, allotted by virtue of those Acts, shall be held as freehold, and shall be allotted as such, without reference to the tenure of the ancient lands in respect of which such allot ments shall be made. He would only occupy the House a few minutes while he explained the objects of the bill, to the in troduction of which he trusted there would be no opposition. Its object was to amend the 94th section of the Commons In closure Act of last session, in order to facilitate tha inaprove• menta of lands. The object of the Act of last yea was to enable inclosures of commons to be made for the expe.nse oI 25!. or 301., which formerly cost from 6001. to 7001- The clause he referred to interfered materially with the operation of the Act, as it enacted that in no case shall any land, enclosed under the Act, be let ca any tenure but that of the old allotments. Under the system that prevailed in the neighbourhood where he resided, the en closed allotments were made freehold instead of copyhold, and he wished the same provision to be enacted in the present Act. He would now moved for leave to bring in the The motion was agreed to. IRISH POOR-RATES. Mr. S. CRAWFORD moved for leave to bring in a Bill for better receiving the payment of Irish Poor-rates. He proposed by this Bill that the landlords rate should be levied separately from that of the tenant. And the same power to enforce ;payment as the 6th and 7th Vic., gave for enforcing payment of tenahts' rates. In the. case of non-resident land.- holders, he proposed, should the rates not be paid, that the Court of Chancery or Exchequer should have power to appoint a receiver. and enforce payment in that way. The motion was seconded by Mr. WILLIAMS, and leave was given to bring in the Bill. IRISH DISTRESS. Mr. C. O'BRIEN moved for a copy of a letter, dated the 4th day of December, 1846, from the Board of Works, ad... dressed to Captain Wynne. directing an investigation of charges contained in the annexed letter from George Westropp to the said board, respecting partiality and misconduct to the Lie cannot. Relief Committee; also, of the said George Westropes letter, and of the correspondence which took place between Captain Wynne and Mr. Westropp on the subject.—Also, for a copy of Captain Wynne's report to the Board of Works, as the result of the investigation held by him, pursuant to the board's letter, on the 17th of December, 1846; and also a copy of . Mr. O'Brien's letter to the secretary of the board, requesting a copy of the said report.—Also, a copy* of the letter written by the Right Honourable Henry La bouchere to the Board of Works, dated the sth day of October, 1846, on the subject of reproductive works, &c.-- Copy of the presentment made thereunder at the extraordinary' Session, held at. Corofon, for the barony of Ine.hiquin, in the county of Clare , on the 30th day of November, 1846.—Copy of: the presentment made under the same letter at the extraor dinary Sessions held at Ennistymon on the 4 h day of Decem ber, 1846. for the barony of Corconcrae, in the county of Clare. —Copy of the Tr. asury Minute under which inspectors of Public works, or ot lists of labourers, were appointed to carry out the objects of the Act 9 and lit Victoria, c. 107.—Copies of all such instructions tor the guidance of the said inspectors, and in explanation of their duties and responsibilities, as may have been issued by the Treasury, the Irish Government, or the Board of Works in Ireland—Lists of all the said inspec tors now or 'suety employed in Ireland; specifying the salary and allowances paid to each inspector; and stating by whom be had been appointed.-- List of the men employed upon the said public works in the baronies in the said county.of Clare, in charge of Captain Wynne, who were struck off the list of la bourers by the said inspector ; specifying the name and placuof abode of each person so struck off, and the cause al leged by the said inspector for so striking him. off, and the names of the persons so struck off the lists as afore said who had been subsequently reinstated —List of the several relief committees in the county ot Clare of which Captain Wynne took charge ; specifying how often he visited each for the revision 4f lists, and the date of each visit. The CHANCELLOR of the EXCHEQUER said he bad not the least objection to give all these papers. but there would be considerable difficulty in giving the names of all the men discharged from the public works. They were upwards of 9,700, and to give their names would make rather a long list. At all events, however, he had not the least objection to give even the names, but it would take a considerable time to make up the list. Mr. C. O'BRIEN was understood to say that it was neceiss sary, for the vindication of his character, that all the retort's should b' given as he had moved for them. A charge had been made by Captain Wynne that a body of men who had been em ployed upon the Board of Works had meditated assassinating some of the Government officers, but he was unprepared to prove, by the aid of these returns, that such an intention never had any existence, except it was in the mind of Captain Wynne himself. He etossid-tired that Captain Wynne had done wrong in causing the rejection of certain presentments in s barony in the county of Cla-e. Mr. LABOUCH ERE sincerely regretted that any 6 1 . nes ti " r of a per,onal nature should be mixed up with these r of M The Honourable Gentleman opposite had compla ined Board of Works rejectieg a certain presentment. It wa s true they did so, and, in his opinion, they acted perfect l y ri g hts The presentment which was made by the Honourable Gentle man and others was for the advancement of a sum of money ct for the improvement of private estates. and in his opinion tho board would have acted mnit culpably had they allowed it to pass.—( Hear hear.) Capt. Wynne, he thflught, had been unjustly attac ked, and Government would be highly censurable if they did not defend the gallant officer who had energetically and perseveringly performed duties of an important and diffi . ult character, under the most painful and trying circumstances.--= ( Hear, hear. ) Mr. M. J. O'CONNELL said it would appear that the Hon. Gentleman was desirous of clearing his character with these returns, and he thcught it would be much better to strike out that part of the return which would require three months to collect, and then the returns themselves might be before them in ten days. Mr. C O'BRIEN was about to explain, but, being called to order, he resumed his seat. Mr. B. OSBORNE thought the Hon. Gentleman ought to be beard. No doubt the Hon. Gentleman had risen to explain an important matter connected with himself. An officer of the Board of Works had made an accusation against him to the effect, that he had urged on a mob to assassinate him, and: he thought in justice the Hon. Gentleman ought to be heal& because, if he had been guilty of that charge, then the Hem Gentleman was not fit to have a seat in that House, or any ether house.—( Hear, bear, and laughter.) After a few words from Mr. C. O'BRIEN, Mr. GRATTAN thought the Hon. Secretary for Ireland ought to have stated that upon inquiry having been made into the conduct of the Honourable Member, they were fully exonerated from all the charges brought against them by' the officers of the Board of Works. He thought those officene travelled out of their duty in making charges against trust proprietors ; their ditty was to attempt to stave off the distress of the country, and not to injure the reputation of Hon. Mein hers. The Hon. Member's property at Ltscannor was a per fect model of good management, and the tenantry the most comfortable and contented ot any in Ireland, and it was very hard for them to have such charges brought against them. He hoped the House would not refuse the returns moved for by the Hon. Member. The SPEAKER then put the motion ; which, After a few words from Mr. C. O'BRIEN and Major MA C" NAMARA, which were totally inaudible in the gallery, tue motion was agreed to. COMIIISsIONERS OF RAILWAYS' BILL. Mr. STRUTT said that it would be in the recollection of the House that a Bill w,ts passed appointing a Board of Rail way Commissioners, and that it was understood that a mea sure would be introduced in this session for the regulation of the railsiaa business before that board; that Bill he was now prepared to ir.troduce, and woula briefly call the attention of the House to the matter of the provisions of that Bill. The measure was divided into two parts—the first related to he preliminary proceedings required before bringing the Bill before the Parliament ; th e secon d part referre d to those rail , ways which had already received the sanction of Parliament. The first alteration proposed to be made was with reterenae to the proofs of the standing orders. These alterations ssero not proposed to be made entirely by the measure he was about to introduce. A portion of them would be so modified, ljut it was proposed that the House should have the liberty to regu late its own proceedings by their own standing orders. :-The e first measure contemplated by the Act was one relating to the surveys of the intended railways which the various c , mptull" were now obliged to complete before bringing it, the Bill. An anomalous custom had for some time existed, requiring certain plans and sections to he deposited with the House which could not be obtained without a direct violation of law , an d latterly the trespasses committed, in order to procure plans and surveys, had caused conflicts between the, landowners and the di ff erent companies, several o f which had been brought under the consideration of the courts of law. This evil it was now- proposed to remedy, but it would be obviously unjust however to grant large powers to these companies, except some protection were also afforded to -the landowners, by giving them an easy and ready mode of obtaining compensation for any damage which their property might sustain by the persons employed to obtain the surveys It was proposed, therefore, that before the p . ." - moters of any railway Bill should be authorised to go upon the land to obtain the surveys, they should apply to the Commis sioners of Railways, and deposit with them such a sum as shall be considered sufficient in the opinion of the Commissioners to give compensation to the landowner for any damage that might rise to the property from the surveyors Upon depositing this sum with the Commissioners, the promoters of the company shall be authorised by a warrant from . the Commissioners to enter upon the lands in question ; and, after they had 1° entered, should any damage arise to the property, full com pensation shall be Oven to the proprietor or landowner; and in case the company should not be willing to afford such compensation, then the Commissioners should have the powers upon having the parties before them, to award such damages as they might think fitting out of the sum placed in their hands by the promoters of the company. The next alteration pro posed was one for giving increased facilities to those proprietors of land whose property was affected by the proposed railway. Great difficulties had arisen from the proprietors of land, farmers, and others, not being able to distinguish by the plena and sections deposited with the House, in what manner their property was affected. It was now proposed that stakes should be driven into the ground, showing the direction in which the line would pass, the width of the proposed railway, and also some mark to show, in case of an embankment or viaduct, what height it was proposed to be carried, and also the depth of cuttings where any, and the position of the proposed tunnels. The next point was, that of local inquiry, a principle which the Committee, of which the Hon. Member for Montrose y 1, 0 ,1 member, strongly recommended. In or di nary cases , the lan d" owner was not aware of the course of the intended line of rail way until the plans and sections were deposited, when it would be too late to suggest any improvement in the course of the line. In many cases the proprietor of land had gone to the promoters V rad., hys, and pointed out to them a line that would not so injuriously affect his interest, but the only answer that he usually obtained was:, that they did not know of it before, but that it was too late now, and there were then but two courses left open to the landowner —either to submit to the injury, or risk the chance of an opposition to the Bill in Committee, thereby entailing both upon himself and the Committee a most enormous expense, and the Committee, under such circumstances, were compelled to say they must pass the Bill, notwithstanding the IreLt injurt:ef? it did, or rofuse the.r caution to the motzure, taigit` -haps, In a ilia: touch required tor the interest. , of the public. It was now proposed, that after the line was marked out upon the ground the raiiwsy oolumieeioner should