The Sun. — London, England, 1847-05-14 00:00:00

RAILWAY COMMITTEES, HOUSE OF COMMONS.—(YESTERDAY.) GROUP VI. WILTS AND SONIERSZT (13LMADON, NATT-'7.1.5, AND GLASTONISUILY). (Continued from our Afternoon Edition of yesterday.) Captain Giles, banker, Wells, Mr. Merryman, malster and brewer, of Wells, Mr. Parsons, brushmaker, of Wflls, Mr. Plowman, Mayor of Wells, Mr. Carey, cheesemaker, of Wells, were examined in favour of the Great Western echemes fbr the accommodation of Shepton MaNett and other towns in Somersetshire. The Committee adjourned till twelve to-morrow. GROUP XV. The Committee met at twelve; Mr. Bernal in the chair. EASTERN COUNTIES (CAMBRIDGE TO WARE, &c.) hir. JAMES opened the merits of the Bill for a proposed branch to Ware, north by Royston to Foxton, and then called evidence in support of the Bill. The case had not closed when the Committee adjourned. GROUP XVII. The Committee resumed its sittings at twelve o'clo ck, in Room 11; Sir J. Buller East in the chair. GREAT NORTE:CERN (DEVIATIONS BE— TWEEN LONDON AND GIELANTHA VI). Mr. Lidde!l and Mr. ltastrick, civil engineers, both gave evidence against the Great Northern line being laid down parallel with the Syston and Peterborough Railway at a dis tance, and recommended that they should run in close juxta position. They were also of opinion that bridges were better and safer to be made over both railways, rather than the ex isting level crossings. This closed the case for the opposition on this part of the line. Mr. PAGET, on behalf of the promoters, then replied on this part of the case. Mr. Cubitt, civil engineer, was then examined as t o th e na t ur e of the works , & c ., which would be required from Carbery to Grantham. The Committee then adjourned till twelve o'clock to morrow. GROUP XVIII. LONDON, CIIEL' :, AND OXFORD. (Continued from our Afternoon Editi on o f yesterday.) - A long discussion ensued upon the way in iihich the se veral properties were marked upon the map, but the exami nation was ultimately waved. The point then taken up was the number of roads to be crossed on the level, when Mr. Nicholson stated that the whole number of roads to be tra versed on the level was fifty-five, of which forty-five may he considered public roads. lie believed that a clause was to be inserted to enable the company to put bridges ever these roads so as to prevent any public inconvenience. A long cross-examination ensued, to ascertain the way in which the alteration would affect the different roads. Mr. Nicholeon's cross-examination was continued during the greater part of the day, in order to show the injury that Tonld he done to the residence of Lady Ricketts, at Chelten ham, the property of Colonel Sibthorp, and other landowners on the line. This concluded the case for the promoters. GROUP XIX. This Committee met to-day at twelve o'clock, when the case on behalf of the FLEETWOOD, PRESTON, and WEST RIDING TUN CTXON (BURNLEY AND COLLIERY BRANCHES) was proceeded with. On the assembling of the parties the room was cleared. On their re-admission, The CHAIRMAN said the Committee had decided to hear no further evidence on traffic, bet they wanted the evidence to be confined to the relative merits of the two schemes before the Committee. Mr. Bidder, C.E., was then examined at some length on the engineering features of the former line. After th - e hearing of some further evidence, the case for the promoters of the Bill closed. The remainder of the sitting was occupied with the oppo sition of the landed proprietors to the Bill ; after which the Committee adjourned till to-morrow at twelve o'clock. GROUP XX. The Select Committee appointed to consider the merits of the Bills comprised in this group re-assembled at the usual hour this morning; Mr. Goulburn in the chair. THE MIDLAND (CHELTENHAM, STICA.T. FORD, AND WARWICK), Mr. Hudson gave general evidence in favour of this line. The purchase of the Bristol and Birmingham line had resulted in a heavy less to the Midlands, and the present line was necessary to protect the Birmingham and Gloucester line from ruin. Mr. Robert Stephenson de, , cribed the engineering features of the scheme as being moderate and easy. The total length of the line was 32 miles. GROUP XXVI. The Committee on this group re-assembled to-day at the usual hour; Mr. Blackstone in the chair. LONDON AND NORTH WESTERN (Din =INGRAM AND LICHFIELD LINE). The evidence on behalf of the promoters of this hue was re.% arced. Mr. James Eecleston, master of the Sutton and Coletlehl Grammar-school, was examined and deposed to the great ad vantages which would be conferred by the 1 ne. Mr. Joseph Oates, an inhabitant of Sutton Coknelt], cor roborated thin testimony. . _ lift, solicitor, was also eaniinetl in favour of the line. Mr. Towler. surveyor, and Mr. Kerr, engineer, deposed to the nature of the works which were of the ordinary cha racte-, and presented no peculiar difficulties. This closed the case for the promoters, and further oppo- Eition haring been withdrawn, the decision was deferred till the Committee received the report of the Railway Commis bioners. [he Committee then adjourned till Monday. GROUP XXVII. The Committee met this day, at the usual hour, in I:0nm 32 BOSTON, STAMFORD, AND BIBMINGRA.RI (EXTENSION lOM WISMEACII TO STIT- TON n'azDaz). Evidence i❑ favour of the line was entered upon. ➢lr. William Skelton, agent to Gay's Hospital, was examined at some length as to the advantages of the line IT Mr. 11ACAULAY. Mr. George Prest, a shipowner and a trader to the Baltic, was next examined—Could speak from his personal know ledge of the port of Sutton. The only port that could com pete with them was h fu 11, and he knew vessels of his own, of six hundred tons burden, came up to Sutton-bridge. Send ing timber to \orthampto❑ by the pr sent carriage cost 18,.. a ton. Mr. Bromley, a land surveyor, was also examined. His evidence went to prove that the neighbourhood of Sutton. bridge had been vastly improved by the reclamation of some four thousand acres from the soa This land was nearly in a fit state for cultivation. The proposed railway would be extreasely beneficial. Several other witnesses having been examined, Sergeant KINGLAKE was heard in opposition to the Bill. The Committee then adj,,urned. GIZOUP XXXI. The Committee met at twelve o'clock; Mr. Shaw in the chair. SOUTH YOTLXS Hum --• M. Trawkshaw, the engineer of the Manchester and Leeks ItailWaV, was called to give the particulars of the line, when a I.ing discussion ensued, in consequence of a suggestion of the Committee that an arrangement should be entered into between the rival companies, so as to grant the Bill of the South Yorkshire from Doncaster to Swinton, with an understanding that the Commissioners should dictate to the North .51id1and Company the number of trains which they RllOlll4 be bound to run front Swinton to Rotherham, as the latter Company objected to any engines but their own run ning upon their line. There was then the rest of the Bill for the hue to Barnsley to consider. GROUP XXXII'. GREAT NORTHERN (EXTENSION to LEEDS, WAKEFIELD, &c., AND DEVIATIONS). (Continued from our Afternoon Edition of yesterday.) Evidence was then called in favour of the Great Northern proposed extension. Mr. Hawkshaw, engineer to the Manchester and Leeds Railway, was examined in favour of the proposed Great Northern Extensions and Deviations. The Committee then adjourned till twelve to-morrow. G OUP XXX V. This Committee met to-day at twelve o'clock ; Mr. Dennis toua in the chair. COVENTRY, BANBURY, AND OXFORD JUNCTION (BRANCH PROM SOUTHADI TO COVENTRY) The case on behalf of this Bill was proceeded with. Mr. W. Williams, M.P. for Coventry, was examined on behalf of the scheme. He deposed that it would be a great benefit to that city, that a direct communication should be opened to Oxford, and thence another access to London, than by the London and North-Western. 11*. Bagshaw, Mr. Turner, and Mr. Whealdon, gave general evidence in favour of the line, and in explanation of the traffi3 which might be expected. After which the Committee adjourned till to-morrow, at twelve o'clock. would pass in a cutting, and the other be shut out by trees, so that the line could not be seen from his house; it cer tainly was not a case of residential injury. The Committee decided in favour of the deviation, and adjourned until to-morrow at two o'clock. GROUP XLIV. This Committee met to-day at twelve o'clock, in Room 3 The first Bill taken into consideration was the DUNDEE AND TiMUTTYME. The preamble of the Bill, ;:which was unopposed, was agreed to, but opposition being intended to be offered to the clauses, its further consideration was postponed fill to-mor row morning at twelve o'clock. SCOTTISIIC MIDLAND JUNCTION (AMEND MENT AND BRANCH TO LAURENCE.. =RIC). Mr. IliwE addressed the Committee in favour of the Bill. He urged the great public and local importance which the carrying out of this scheme would effect, in a long and able speech. Mr. Buchannan, Chairman of the Scottish Midland Junc tion, was examined as to the merits of the line. The com pany was formed in 1844, and was promoted by the prin cipal landowners in the country. The original proposition was the carrying out of a through line from Perth to Aberdeen. Mr. Byres was examined, and said that in and about Brechen there was a great deal of weaving carried on, and that there were also a great number of saw, flour, and spinning mills. Northward to Laurence kirk, there were also a great number of manufacto ries about Lut:iermuir ' calculated that there would be about 20,000 t ons of lime used annually. Within two miles of Forfar there was the finest marl that could be found. The Arbroath and Dundee Railway had benefited the country very much. Upwards of 100,000 persons passed along that line annually, and 70,000 along the Dundee and Newtyle Railway. In the latter district not even a coach formerly existed. The population alone the line, including Forfar, lirechin, and L. urencekirk, was 30,946. The Committee then adjourned. GROUP XXXI X. This Committee met at the usual hour this morning in Room No. 23; Lord Charles Wellesley in the chair. YOUR AND NEWCASTLE (HARTLEPOOL DOCK AND RAILWAY BRANCHES). The Committee were occupied the whole of the day in hearing general evidence in favour of this scheme. GROUP XLIII. waTratrosm AND LIMERICK. The Ceromittee • met this morning at the usual hour; Mr. Protheroe in the chair. 'The object of th e Bill,. make several v,, which was passed last session, is to deviations,. in order to improve the old line, wnohtit.„,.hitwbatsbnautrveae}:anti,:iFort.iiderable haste, and consequently that success which the promoters had subsequently bestowed upon The principal is at Bansha, in Tipperary. ipal and the only one oppo s es, ‘ll'`'n it. deviation, Mr. Osborn, the en g i neer of the line, was examined rela- l tire to the proposed deviatienweautl .he town of Bansha. It appeared that the old line Catholic place of worship, and he stated through a Roman had been proposed in order to avoid this, the deviation thnnenstesilet;.l:,,: his bed for c l as s of Irish were opposed to 0: 1 1 _1,7, as the lower "Ile chTtiiti;itants burialegrounds being interfered with. and ever, that a memorial had been got up by th,, Btted, bow y Lord, -_I beg " in favour of the old line, as it would interfere get compensation. , e a .I. ‘ INI, -“ , P s attention — to S . ecretary of State foral l l . e , rl l y i. irnegs'pselc3tefnuci respectfully Bench-walk, a solicitlk, liiay y 0 3 u , r l 84,7. Lord washouses tor which they expected to bieme,lf;sir F.nlLi"r",;letay,NaVr:noirotth theette which I addressed to you as not aware that the timber which would be severed 1,,, -- , faist , i , jetro,the ,ir..... __ s _ an,es Colonies, conn on the 24th tilt., rela the deviation was above forty year; of age. The deviatiriii e e ct v e a d st s l vith the recal o f m y i froth n sw i t , the Govern m r r 1 t of Van was, in hip opinion, much better Iran the old line, b o th ~,, ith regard t, the expense and difficulty of construction. The old yeeeand direction, g d reater magnitude line Was 40t up with c o nsiderable haste in consequence of the "Althotl-bl. e m mand your Lord these m su a re t ,menrite: father :at:rigy, a t a a i v n e r r i v eed short time which was allowed to Mr. Vignoles to survey it and and importlnce aoTtnhe transactions direction, to have these l a your Lord ; ma r t it red dc:l partei f a r , d : prepare the plans. A saving of about 8 0001. upon the ship's superintende original estimate would be effected by this deviation. He ship will excuse m someti.iomln - e believed :he reason some of the inhabitants of Banslia op- up, as far as they can b n e xi t f po , ;ed the deviation was, that they might get their land charges of immoral condure'tnia our mo a s s t taken, and be well paid for it. There was a great desire cularly as I have learned from g,a e i amongst the poorer class of owners of land in Ireland, to the colony that he had been confined .. ,, f , i', in nrli, t hat they might obtain the means of emigrate before they left Hobart Town by ing to America. produced, by the treatment he has experienced M. Walsh, a landowner gave evidence in favour of the , anxious to forward him by the next mail such intelligence and I am 3., 1..... . I. l'he old line would injure thirty-two houses ,nd may give him relief.-1 have the honour to be, , ~•,, v eighteen. Generally speaking, the deviation would obedient servant, be nicre esst:utial and less injurious to the b ranc h es . E n t . "J. E. EARDLEY WILMO T. three acres would be taken from the park of Mr. Baker al "The Bight lion . Earl G:e y , &c., tic., gentlemen residing near the town. One part of th e line I Stcre ;:ry of tate for the Coloniej." " I confidently appeal to your Lordship, as administrator of the affairs of our colonial empire, and not as a member of a Whig Cabinet, to see justice done to an oppressed public servant. The injury that has been done can never be «graced. But it is in the power of your Lordship to remore the unfavourable impression upon the public mind, by stat ing in Parliament. that from documents last received from the colony, your Lordship is satisfied that the rumours pre judicial to my father's character are without foundation. " I have the honour to be, my Lord, " Your most obedient servant, " J. E. EARDLEY WILMOT. " To the light Hon. Earl Grey, &c., &c., &c., " Secretary of State for the Colonies." "Downing-street, May 6,1847. " Sir-1 am directed by Earl Grey to acknowledge the re ceipt of your letter of the 24th ultimo, i❑ which you call his Lordship's attention to the terms of a dispatch, marked Secret,' of the 30th of April, 1846, which was addressed by Mr. Secretary Gladstone to Sir Eardley - Wilmot at the period of his recal from the government of Van Diemen's Land. "In reply, I am directed to acquaint you that being, as Lord Grey had already stated, ignorant of the grounds upon which that dispatch was written, it is impossible fur his Lordship to express any opinion regarding it, and that it is the less necessary to do so, as Mr. Gladstone's own answer to the letter which has been addressed to him by Sir E. E. Wilmot, after receiving that dispatch, has been printed, and all the documents which have since been received from the colony upon the subject will be presented to both Houses of Parliament. Lord Grey directs me further to observe, that there is this additional motive for his abstaining from ex pressing any opinion upon this painful subject, that his Lord ship coild not do so without stating that the reasons as signed by Mr. Gladstone in his public dispatch for the Twat of Sir Eardley Wilmot appear to him to be quite sufficient to justify that step.—l have the honour to be, Sir. your most obedient servant, " B. HAWES. "To J. E. Eardley Wilmot, Esq., 11, King's Bench-walk." " 11, King's Bench .walk, May 7, 1847. " Sir,—l beg to acknowledge your letter of yesterday's date, being a reply to one which I had addressed to Earl Grey on the 24th ult., asking his Lordship, as Secretary of State for the Colonies, to remark in his place in Parliament upon additional documents lately received from Van Dieinen's Land, the same having reference to a ' secret dispatch.' written by Mr. Secretary Gladstone to my father, Sir E. Eardley Wilmot, at the time of his recal from the govern ment of that colony. " I regret to find, by the reasons assigned by Earl Grey for non-interference in this matter, that his Lordship does not consider the Colonial-office, as at present constituted, to be a tribunal qualified to take cognizance of charges made by a former Secretary of State for that department. " I hope you will excuse my observing, with reference to the concluding paragraph of your letter, that I do not ex actly see how Lord Grey's approval of the public grounds on which my father was recalled can in any way influence his Lordship in declining to express an opinion upon a mat ter of a totally different character and complexion. All I asked his Lordship to do, was to ground upon the basis of documents lately arrived an acquittal of charges made against my father's private character. I felt that the public reasons assigned by Mr. Gladstone for his recal embraced matters which it would have been impertinent in me in any way to discuss or interfere with. "The bar of public opinion being now the only tribunal to which my father can appeal with hope of justice, I must beg his Lordship's permission to make this correspondence public. "The case of an individual, however humble in itself, be comes important when it shows the disadvantages under which a public servant labours when attacked by other than positive and specific charges; arid that ministers of state do not act upon the principles of our English law, when they give credence to allegations unsupported by testimony—to allegations which they may afterwards find themselves in a position where they cannot give the injured party an oppor tunity of refuting by evidence, and thus entitling himself to a fair anti honourable acquittal. "I have the honour to be, Sir, " Your most obedient servant, "J. E. EARDLEY WILMOT. "To B. Hawes, Esq., &c. "Under Secretary of State for the Colonies." THE SUN, LONDON, PH IDA Y EVENING, MAY 14, 1847 GROUP X LVIII. The Committee met to-day at twelve o'clock; Lord Court nay in the chair. GLASGOW, ARDNIE, AND DICONILLANDS, (CONITZAIRS ;BRANCH.) The evidence on behalf of this Bill was resumed. Mr. Home valued the land to be taken at 11,2461. Mr. Lindsay corroborated this evidence. Mr. Anderson, accountant, deposed the whole traffic ex pected if the full scheme was taken at 7.1661.; deducting the traffic expected from the central junction branch, it would be about 3,000/. Mr. FORSYTII then addressed the Committee on behalf of the opposing petitioners, Mr. and Mrs. Reid, asking the Com mittee to postpone the present till the next Bill was taken. Mr. Alexander, of Ballochmyle, was examined with the object of showing that the break at Glasgow was very incon venient to the traffic for Ayrshire and Renfrewahire passing east and north. Mr. Knight, traffic manager of the Ayrshire Company, was examined to the same effect. The branch over the Clyde to the College Station, and through it to the Edinburgh and Glasgow Railway, was absolutely required for goods, passengers, and traffic. Mr. Burrell, of Port-Glasgow, gave evidence to show the large imputation of sugar, molasses, flour, and cotton, into Glasgow, and that a large portion of it went by coast. The connexion would be of great convenience to this traffic. r to o hf v et o nh s t e a o cd f oj o n i u :l ' r e n t e l i d e on ' t t v t l e i o e . m e t r v a o i r d i r e e o n w o e f e a t a s i g h r e e . advantaged A c r o u m l' m uA it l t ." ' ee p ill o'clock. that twelvett oo e. GROUP L. The Committee mrt at twelve; Mr. Banker in the chair. The Committee were occupied for the most of the morning with the clau , es of the Glasgow, Paisley, Kilmarnock and Ayr (No. 2) Bill. 11YR AND ICILMARNOCK DIRECT (No. IL) Mr. WHATELET, Q.C., opened the merits of this Bill, and proceeded to call evidence fur the promoters. Mr. Horn and Mr. Dunlop gave evidence of the minerals found in the district, which they said would be advantaged by the railway. GROUP LI. THE CALEDONIAN AND GLASGOW, DUM FRIES AND CARLISLE (CLAUSES AND BRANCHES). The Committee met at twelve o'clock; Sir John Yarde Buller (chairman), Lord John Manners, Mr. Newdegate, Captain Plumridge, and Mr. Tollemache. Mr. ANDaEws replied for the Gla?gow, Dumfries, and Car lisle Company. The Learned Counsel contended that no case had been made out by the other side. DECISION. The room was then cleared. After parties were re-admitted, The CHAIRMAN announced that that portion of the Glas gow, Dumfries, and Carlisle Bill which sought to rescind a leasing clause granted last leasion to the Caledonian Com pany over the Dumfries line, had been proved. lialmakedder Branch.—Withdrawn. Melton Branch to Springfield.—Of no utility, and there fore thrown out. Ecclefechan Branch.—Preamble proved. Branch from Canonbie to Langholm.—Xot expedient, and therefore rejected. Branch to Canonbie Coal-pit —Proved. The Committee then adjourned till twelve o'clock to morrow. COMMITTEE on PRIVATE BILLS LIN - El:POOL WAT E MOB KS. This Committee met this morning at twelve o'clock; Sir J. Johnstone in the chair. Mr. Robinson and Mr. Wicstead, engineers, were called to show that the estimates for the works were two low, and a question was raised respecting the way in which the town of Wian would be affected if the Bill passed, as it is sup plied by the same streams as serve Liverpool. The room was cleared, and on the re-admission of parties the Committee decided that there should be 800,003 gallons reserved for that place. Mr. HILL then opened on behalf of the proprietors who would be affected by the construction of the works, with a view to show that greater injury than advantage would be derived from them. SAFFItON WALDEN RATES BILL. This Committee met at twelve, in Room 37. They were occupied all the day with evidence on the Saffron Walden Bites Bill. as to the amount of rates levied in the district of Saffron Walden. YORK IJIPROVEMENTS. The Committee on this Bill, the preamble of which was passed yesterday, met to-day at two o'clock for the purpose of proceeding with the clauses in the Bill, which, after various amendments were agreed to. LONDON SEWAGE MANURE COMPANY. Mr. Milne, engineer to the company, and other witnesses, wercexamined in favour of the Bill. The Committee adjourned till twelve o'clock to-morrows VAN DIEMEN'S LAND. The followinz correspondence relative to the recal of Sir J. E. Eardley Wilmot from the Governorship of Van Die men's Land has just been brought before the public. The circumstances alluded to in the letters were detailed in our columns some short time since : " To Sir J. E. Eardley Wilmot, Bart., &c. " We, the undersigned inhabitants of Van Diemen's Land, having heard that your recal has been influenced by reports injurious to your moral character, deem it to be a duty we owe to truth and justice to express our unqualified contradic tion of thaw reports ; and we feel the snore imperatively called upon to do so, from the fact of many of us having differed in opinion upon various measures of your govern ment. Opon the occasion of your retirement into private life, we have to assure you that you carry with you our best wishes for your future welfare. [Signed by the inhabitants of the city of Hobart Town and its neighbourhood only. Addresses Irons other parts of the colony were being prepared, and will follow. The sig natures comprise the names of very many clergymen, public officers, magistrates, and resident gentry of Hobart Town, about 400 in nurnberl. -walk, ril 1847- "My Lord,—l trust King that the ßenc circ h umstance Ap 24 of m'y father the late Lieutenant-G overnor o f V an Diemen's Land, being ' absent from England, and consequently unable to meet the reports injurious to his character which hive been widely circulated both in this country and in the colony, will form my apology for addressing these few lines to your Lordship on the subject. " Your Lordship will have received at the Colonial-office the dispatches front Van Diemen's Land, of the 9th Jan., which arrived yesterday, and which were accompanied by an ' address' to my father, signed by the most influential inhabitants of Hobart Town, and containing a full con tradiction of those rumours to which your predecessor at the Colonial-office had attached considerable weight, with out giving my father the opportunity of any answer or expla nation. "I am aso informed by a private letter from 'Van Diemen's Lan:l, that the same vessel which brought the dispatches brought also a petition to the Queen in my father's favour, most numerously and respectably signed. . a Your Lordship, in your letter to my father of the 20th of March twit, which was in reply to one from him of the 30th of October preceding, appealing to your Lordship, as holding the seals of the Colonial-office, for justice, stated, that being entirely ignorant of the grounds on which Mr. Gladstone proceeded in writing his ' secret dispatch,' you must decline expressing any opinion upon the subject to which it related ; and your Lordship proceeded to ssy, that you could not hold out to my father any expectation of its being in your power to submit his name to her Majesty for future em ployment. '; Doubtless, my Lord, neither the 'secret dispatch' of Mr. Gladstone, nor the circumstances connected with it, however injuriously they may have have affected my father's character, can be considered in nny way as fettering your discretion in recommending for any colonial appointment those who may appear to your Lordship most qualified. But your Lordship must excuse me if I ask to what quarter my father can appeal for justice if the possessor of the seals of the Co lonial-office declines entering into a question which has be come publicly notorious and important, because it first emanated from a Minister whose political principles are at variance with his own ? LAW INTELLIGENCE. COURT OF QUEEI4'S BENCH, May 13. (Sittings in London, before Mr. Justice LILLE and a Common Jury.) "TILE SITIP ON FIRE"—RUSSELL v. SMITH. This was an action brought under the Copyright Act to recover from the defendant certain penalties for infringement of the music and melody of a song, of which the plaintiff was the author and composer. The defendant pleaded the gene ral issue. Mr. Cooke and another Learned Gentleman appeared for the plaintiff, and Mr. Watson, Q.C., for the defendant. From the statetnent of the Learned Counsel, and the evi dence of Mr. West, Sir 11. Bishop, Mr. Purday, and others, it appeared that Mr. Henry Russell, amongst other songs, &c., wrote and set to music the well-known song, entitled " The Ship on Fire," which he sang with great applause at the various concerts which he attended. In the month of Da cember, 1845, the defendant, who also is in the habit of giv ing musical entertainments, had one at Crosby Hall; a place which is licensed for musical entertain ments, and, amongst other melodies, sang " The Ship on Fire." This coming to the knowledge of the plaintiff, some of his friends went to Crosby Hall, and they there heard the defendarr sing the above song, using the same words and music, and so great was the imitation as to render it impossible to discover the difference between the sirging of the plaintiff and defendant. As the composition was original, an injunction had been obtained to stop the defendant's singing the piece until a jury had decided whether the composition was original or not. Had the defendant applied for leave and license to sing the song, it would have been granted; but ne such application had been made. The several witnesses in their cross-exainination declared that the music was quite original, and was not a copy or imitation of anything known in the musical world. Mr. WATSON addressed the jury for the defence, and said that unless he coal! satisfy them from the plaintiff's wit nesses that the music was original, lie was afraid he must fail to obtain a verdict. Certainly there was a song called " Emelie," which had some bars of the same music, and unless the bars in "The Ship on Fire " were copied front that, he was afraid he must submit to the verdict. Mr. Justice EnLE observed that tho various composers who had been called declared the music to be original, when the jury found a verdict for the plaintiff. By this verdict no pers,n can sing the song without the leave and license of the plaintiff. Wednesday, May 12. 'Sittings before Mr. Justice Enrx. and a Common Jury.) CUMMING P. INCE AND HOOPER. Mr. CocxrtuuN (with whom was Mr. Nance) for the plaintiff, stated that this was a proceeding by way of in. terpleader, to determine whether a certain arrangement, entered into by the plaintiff in the month of September last, was a valid arrangement to be maintained against her. The circumstanees of the case were these : Mrs. Cumming, the plaintiff was a woman entitled to certain freehold property, She was a person consider ably advanced in life, and was perhaps rather irascible and impatient. Between herself and her two daugh ters, the wives of ;Messrs. Hooper ani lace, dill' rences had arisen, and these persons had thought fit to apply for a co:nmission of lunacy against their mother. This commission issued on the 29th of July ; it lay for some time without execution, but towards the middle of August the parties proceeded to put it into execution. The plaintiff had been put into a lunatic asylum as early as the 13th of May, and she was brought up from that place to be examined under the commission. On the 29th of August the investigation began, before Mr. Bar low, the Commissioner, and after continuing fur four or five days an arrangement was entered into. In con , sequence of that arrangement, the title-deeds of the plaintiff were delivered up. It was to set aside this arrangement that the present proceeding had been instituted. In the first instance an action of tracer w as brought against the persons with whom the title deeds had been deposited, but those gentlemen, who had no interest whateser in the matter, applied to the Court for a rule under the Interpleader Act, by which the persons who w ere really interested iu the matter wt re brought into court to litigate the matter with the plaintiff, and an issue was framed, with a view to try whether, not withstanding the arrangement, the plaintiff was not en titled to the absolute and uncontrolled possession of the title deeds of what was undoubtedly her property. That she was entitled to them, he thought the jurors would entertaist no doubt. The consent she had given to this arrangement was not a free and voluntary consent. She was under duress, which the existence of restraint and the fear of continued abode in a lunatic asylum imposed upon her. Under such circumstances, the law did not allow a consent to be binding on the unfortunate party from whom, by such means, it had been extracted. To render valid any arrangement, freedom of consent to its creation was necessary, and if it was created under cir cdcostances which showed that the party acceding to it was not free, the law would relieve the party from it. Mr. WATSON (with whom was Mr. MANISTY) f.ir the defendants, here said that almost all, if not quite all, the facts were incapable of dispute, and the question was one of law as to the effect of them. Here the arrange ment wes entered into during the continuance of the in quisition before the Commissioners, and had been signed by two Learned Counsel who represented the different parties. The plaintiff had been at her own home all the previous night. The issue here was, whether the plain tiff was entitled, notwithstanding the arrangement, to the possession of the title-deeds, and was not a question as to whether that arrangement had or had not been ex ecuted under circumstances of duress. The issue did not in form impeach the arrangement. Mr. Justice ERLE—Your argument is, that the ar rangement is to be assumed to be valid in itself. 'Then you want to know whether, notwithstanding this ar rangeinent, the plaintiff is not entitled to the possession of the deeds. Is not that your point ? Mr. WATSON answered in the affirmative, and ob served that the other side had opened a question of duress, but that question did not properly arise on the issue as now framed, and the fact of duress, if it existed at all, waa answered by the other fact, that the ar rangement was made by the plaintiff after free com munication with and upon the advice of her attorney and counsel. Mr. Justice Enta:—Still the question will arise ; for if they are treated as her agents, the question is whether the duress prevented her from•properly and lawfully constituting them her agents. Mr. WATSON contended that that was a question not of fact, but of law. Mr. COCKBURN admitted that in fact the plaintiff had consented to the arrangement, but insisted that she was not in circumstances to give consent. She had been in a lunatic asylum. She was brought before a Commis sioner ; it was true that she was allowed to go home for the night, but it was under a promise to return the next day, Mr. Haines, who anted for her, undertaking to produce her ; and she did return, and was therefore again in custody, with the influence of that custody and her previous detention still operating on her mind. It was agreed that the Learned Judge should take upon his notes the circumstances that were admitted. Mr. Justice Erle accordingly took from the statement of Mr. Haines the following detail of the circumstances of the case. The plaintiff was a person 69 years of age, the defendants were her two daughters, and their two hus bands. She was taken to a lunatic asylum on the 12th May, 1846. On the 19th July the pla'ntiff's husband died. Ott the 29th July a commission in lunacy was taken out. Notice of executing it was given on the 22d of August. The plaintiff' was taken to a madhouse on the opinion of one medical man. After three days' in quiry had taken place on the part of the promoters of the commission, and two days' inquiry on the part of the plain- tiff, an arrangement was proposed between the legal advisers of the parish; this was proposed by Mr. James, who appeared fur the commission, an adjournment took place, the plaintiff was allowed to go home for one night, Mr. Baines, who acted for the alleged lunatic, under taking to a n c a o i n u f e e s re wax conference taking t o pro d uce her on the next morn i ng. M r . H a i nes did produ ce h er according to the understan di ng . Sh e attended aii bef ore t h e Commissioner and the jury,an d t h en, th en with cross-examined 3 1 . e e g x a a l mi a td advisers, by 3 t i h n e % a y r:u r n s :: ine in question was made, an d was signed by the counsel en both sid es. , m —I had never known the plaintiff before then. I saw her on the- first day of the inquiry. Mr. Parry ap peared on the first and second day for my client, then Mr. Petersdorff. On the 211Angmt the ea-:e on my part of the promoters ha] b: , en cloyed, bat they hiked of witnesses in reply. Tne proposal bad boo n inade in the early part of the inquiry. That proposal had been made on the part cf Mrs Cumming for the arrangement. That was made by me e ithoat Mrs. Cumming', knowledge. It was about the middle of the day on the 22a Sept. that Mr. James made another proposal to Mr. Petertdorff. That gentleman anal 1 saw Mrs. Cummings. Her friends Mr. and Mrs. Hutchinson, took part in the discussion with us. We saw the parties the next morning at the Horns. Kennington. Mr. and Mrs. Hutchinson were pre sent. It was agreed between Mr. James and Mr. Pet,u-s -dorfr that this arrangement should be come to. I think that on the morning of the 23d it was discussed by me and Mr. and Mrs. Hutchinson, and then we applied to Mrs. Cumming, and she authorised it. The arrange ment would have been made on the night of the 23d, but that tho Commissioner wished to see the Lord Chancel lor on the subject. The matter was ratified next morn ing, in. presence of the Commissioner, Messrs. Peters xtf, James, and myself were also present, likewise Mts. Cumming. She saw Mr. Petersiorff, for the purpose of his explaining the reasons why he should not carry out the arrangement. Re-examined—ln the early part of the business I made a proposal, which, however, they would not listen to for a 'moment. I only did so because I thought she was so ill that she could not lire through the inquiry. She was in great tribulation, and showed the gr., atest anxiety to get out. She would have consented to any thing in order to get out of confinement. Mr. Ince was there, and took part in the proceedings. Mr. Watson contended that the Question of the vali dity of the arrangement was not now open to discussion. There was no evidence of any duress at the time the arrangement was entered into. Mr. Justice Eno was of a different opinion. The plaintiff was brought, on the 223 September, from a lunatic asylum, in the ordinary vr ty in which lunatics were brought before a commissioner. On that night she was allowed to go home. On the 23d she returned to the same position as that in which she had originally appeared. She was, therefore, a lunatic under confine ment in the presence of the jury when that arrangement was made. _ Mr. WATSON then contended that the law as to duress did not apply to a case where a party had executed a dead by and under the advice of attorney and counsel. The law of duress applied only to a deed executed by the party where the obligee of a• bond or the releasee of an estate, was put by the obligor, or the releasor into restraint or custody, and by such means possession of the deeds was obtained. AU the cases showed that there was a distinction between duress and legal impri sonment. A deed was not avoided by the fact that it was executed while the party executing it was under legal imprisonment. It was only when the party was under illegal imprisonment, and while in that situation executed a deed, that that deed could be impeached. But even when the imprisonment was illegal the deed could not be impeached, if at the time of executing it the party was attended by an attorney and solicitor. He therefore contended that, as the plaintiff here was freely communicating with her attorney and solicitor, the could not now question the deed which, with their advice and consent, she had executed. Mr. Justice Eau,: was of a different opinion, and read ' a passage from Viner's Abridgement to the following effect, that if a man is lawfully in prison, yet, if he makes an agreement against his will, he may avoid it on the ground of duress. He thought that the learned counsel must address the jury on the facts. Mr. WATSON accordingly did so, and contended that there was in fact no pretence of duress that could excuse the plaintiff from executing her agreement. She was with her friends, aided by her counsel and attorney, and in the presence of the commissioner who, under the authority of the Lord Chancellor, was investigating her condition, and who would not have allowed her to be coerced into doing anything that was impraper. The agreemert here was a perfectly proper one. It gave the plaintiff all her property fur life, with a power of appointment of one-third of it after her death, and divided the remaining two-thirds between her two daughters, persons to whom by all the ties of natere she was bound to afford a provision. All the property, such as jewels, &c., of which possession had previously been taken, had been given up to th e plaintiff, and in ever y res p ec t th e defenants had per formed their part of the agreement. There was no pre tence, in equity or fairness, for the present claim of the plaintiff to set aside what she had solemnly agreed to perform. • Mr. Justice ERLE repealed the opinion he had before expressed, and told the jury that an agreement derived all its force from the mental consent of the party who made it. It might be valid as to externals, and yet void in law if the mind of the party making it had not gone along with it when made. Where there was an appa rent consent and an apparent execution, still if it was shown that it was obtained under duress, and not by the free will of the p irty, the agreement would be void. his Lordship, ther e f o r e , put this question to the jurors vhether the plaintiff's apparent consent fi.r Mr. re tersdorfr to sign the agreement on her behalf was ob tained by die effect of the restraint sli6 was under, and without the exercise of her free will ? If the arrange-' ment had not been made the inquiry would have gone' on. The jury was empanelled, and the plaintiff knew that a verdict must be taken. If the jurors now thought that the plaintiff had consented to this agreement with out any exercise of her free will, they would find for the plaintiff ; if they thought she had consented of her own free will they would find for the defendants. This ques tion was entirely for them. The jury consulted for a few minutes, and then re turn( d a verdict for the plaintiff. COURT OF COMMON PLEAS, May 13. (Sittings at Nisi Prins in London, after Easter Term, before Mr. Ju.,tice COLTMAT , T and Common Juries.) VAT . ..LANCE AND ANOTHER r. THE DUKE OF BRUNSWICK. Mr. Sergeant Talfourd and Mr. Edwin James appeared for the plaintiffs, and Mr. Petersdurff fhr the defendant. The plaintiffs in this case had acted for a long period as the attorneys fur the defendant, and the p resent action was brought to recover, the plaintiffs' costs and charges for conducting some Chancery proceedings for the defendant in 1811 and subsequently, and also for charges fur supplying the Satirist and Age newspapers between April and Novein ber, 1811, and fur clerks' time and omnibus hire in taking the newspapers to the Duke's residence. The c h arges f ur transacting the Chancery business of the defendaat were proved to he flir and reasonable. Regarding the other charges, amounting to about 121., there was no direct evi dence of authority given for them by the Duke, but it was ',roved that he had called once during the time that the pa ,ers were supplied, and had four.d fault with the plaintiffs for not sending the papers more regularly. It further ap peared that is 1813 a judge's order to tax the plaintiffs' bill of costs ha,i been Whereupon the bill was taxed by the Master, and in April, 1814, the Duke paid the balance found due, and got a receipt. The charges for the newspapers had at this time been incurred, and were not included in this taxed bill. There were also other items for Chancery pro ceedings incurred subsequently to the date of the order of taxation, and it was these chargel and those for the news papers, &c., which the plaintiffs sought to recover. The de fence set up was that the plaintiffs could not recover the charges for newspapers, &c., not having included them in the bill delivered at the time of taxation, and that the Chan cery charges ought also to. have been incl u d e d i n th a t bill , as they were incurred during the ti me o f the taxat i on. In answer to this the plaintiffs said the Chancery charges were not then incurred, and that the charges for newspapers, &c., were not properly items which could be submitted to taxa tion. His Loinstur, in summing up, left it to the jury to say whether they thought the course of business between the Duke of Brunswick and the plaintiffs was such as to autho rise them to procure and send the newspapers as they had (lone, and to render the Duke liable for the charges made. With respect to the other items, it was proved that they were fair and reasonable. The jury, after an absence of two hours, found a verdict for the plaintiffs—Damages, 8/. 15s. SHERIFFS' COURT, May 13. (Before Mr. Under-Sheriff BuRCIIET,L. ) BARNES V. MOORE. The plaintiff in this action is a surgeon at Thaxtod, Essex, and the defendant a bricklayer at the same place. The action was brought to recover the sum of 4/. Bs., fur medi cines supplied to the defendant's son. The deiendant pleaded that he was not liable. ➢lr. PnENns, who appeared for the plaintiff, said that, although the defendant had pleaded that he was not in debted, it was clear that he was, fur the son was a minor, and resided in the same house with his father. Mari• Turner, who had been in the plaintiff's service, proved the delivery of bottles of medicine and boxes of pills and ointment during a period of seven months. Mr. ILiwKiss, fir the defendant, contended that there was no evidence to go to the jury as to the quantity or value of the medicines supplied, or that it exceeded 355., which had been paid. The tipsa-SitlawF thought there was evidence to go to the jury, although it was not at all clear. Mr. llAwitnts then addressed the jury, and said he would prove, beyond all doubt, th a t th e plaintiff had undertak en t o cure thel son for 255. ; besides which, he was surgeon to a club to which the latter belonged. Mr. PREYTIS said the son was not entitled to medical at tendance at the expense of the club, when his illness had been brought on by his own imprudence. The defendant's son was called, and admitted receiving the medicines, but swore positively that he had bargained with plaintiff to be cured for 255. Samuel Cooper was called, and proved that he was the first who asked plaintiff what his charge would be, and he said 10s. or 12s. if the young man bad not been to any one before, but, Vile had, it would be 11., or 255. The father of the last witness swore that plaintiff had ad mitted to him that he had been employed by the son, and not by the father, and that he had been paid 355., by in stalments. The t r icaxn-SnErtirr said, that to make a father liable for the debts of his son, even for necessaries, it had been held by Lord Teaterden that there must be a contract, express or implied; but here there did not appear to be any evidence that the defendant had any knowledge of the transaction. The witnesses for the defendant had also sworn positively that the agreement was made with the son for 255., but it was singular that 355. 6d. should have been paid. Verdict for the defendant. RESSMARERS' AN D MILLINERS' SOCIETY.—The f annual meeting 0- this society took place yeAerday, at two o'clock, i n th e rooms of the Statistical Society, .12, St. James's-sqiittre. Lord Ashley presided on the occasion, and the ruee , ting was more fashionably than numerously attended.. From the report it Appeared that the receipts during the past 1,817/. ; that 467 Year have been 1,8391., and the expenditure persons have been provided with engage ments, and that the general iosition of the charity is highly satisfactory. Resolutions were proposed during the meet ing of the,usual character, and confirmatory of the society's objects. ELEVATION OF T HE VICAR OF BATTERSEA. TO THE BISHOPRIC OF SODO R AND mAJ.T.—Yesterday a numerous meeting of the principal inhabitants of the parish of Batter sea was held at the Infant School-room, for the purpose of considering the best mode of expressing their regret at losing their esteemed Vi car, the Hon. and Rev. R. Eden, by his removal to the see of Sodor and Man. Resolutions expres sive of the regret of the pari s hi o ners at the Vicar's leaving , him but congratulating Upon his elevation, were unanimously carried, as was also a resolution, proposing that all Address NA a service of plate be presented to lam IMPERIAL PARLIAMENT HOUSE OF COMMONS, May 13. The SPEAKER took the Chair at Four o'clock. THAMES CON6ERVANCY. On the motion of Mr. MASTERNIAN, the following Members were appointed as the Select Committee on the Thames Conservancy Bill:—Viscount .lorpeth, Mr. W. Cowper, Mr. Ward, Mr. Masternan, Mr. Pattison, Mr. A. Chapman, Mr. Hume, Mr. Alderman Copeland, Sir James Duke, Mr. Brewster, Sir E. Filmer, Mr. An. trobus, Colonel Thomas Wood, Mr. A. Smith, and Mr. Thomas Baring. THIRD READINGS. The following Bills were read a third time and passed: Bingley Gas. Eastern Union and Iladleigh Junction Railway (Sale to the Eastern Union Railway Company). Ewell Rates. Kingston-upon-Thames Small Tenements. Terrington Marsh Division, Allotment, and Inclosure. REPORTS. The reports on the following Bills were brought up:— Birkenhcad Commissioners Dock Acts Amendment (as to Construction of Sea Wall along Wallasey Pool). Caledonian and Dumbartonshire Junction Railway (De viations between Duntocher Lime Works and Bowl ing, &c.) Dublin, Dundrum, and Rathfarnham Railway (Exten sion to Stephen's Green). Dunfermline Waterworks. Eastern Counties Railway (Spalding to Newark). Eastern Counties Railway (Peterborough to Folk ingham). Gloucester and Dean Forest Railway (Construction of Docks). Great Western Railway (Branches to Eghain, Staines, Brantford, and Twickenham). Imperial Continental Gas Association. Kingsnorton, Northfield, &c. R a t es . SPLeod's (Dalkeith Glebe) Estate. Newry and Enniskillen Railway. Norfolk Railway (from Thetford to the Lowestoft Rail way, near Reedham, with a branch to Halcsworth). Payne's Patents Assignment. Preston and Wyre Railway. Windsor Railway. Windsor, Staines, and South-Western Railway (Rich mond to Windsor, &c.) Windsor, Staines, and.South-Western Railway (Staines to Ascot and Wokingham, with Branches). CONSIDERATION OF REPORTS. The reports on the following Bills were considered and agreed to:— British Commercial Insurance Company (No. 2). Caledonian Railway (Glasgow, Garukirk, and Coat bridge Railway, Branch to Glasgow Station). Cork, Blackrock, and Passage Railway. Cork and Bandon Railway. Eastern Union and Ipswich and Bury Saint Edmund's Railways Amalgamation. Southampton and Dorchester Railway (Weymouth Branch). HEALTH OF TOWNS BILL. Petitions in favour of this Bill were presented by Mr. C. Berkeley from medical practitioners in Cheltenham; by Mr. Stansfield and by Mr. Aglionbv, from piano forte makers in Dudley. MEDICAL REGISTRATION BILL. _ _ Petitions in favour of this Bill were presented from a medical practitioner in Wolverhampton, by Mr. H. Berkeley, from Cheltenham; by Mr.-VillierP, from Wol verhampton; and by Mr. Ainsworth, from Bolton. TENANT RIGHTS. Two petitions were presented by Hon. Members in favour of due eompensation being afforded to tenants for improvements. PUBLICATION OF MARRIAGES. Lord H. VANE presented a petition from the guardians of the Stockport Union, stating that more publicity should be given to marriages, as a great means towards preventing the laws of affinity from being broken. MR. OVEREND, THE SHEFFIELD MAGIS TRATE. Mr. T. S. DUNCOMBE presented a petition, agreed to at a public meeting at Sheffield, which was called by a requisition signed by almost every house holder, over which a member of the town council pre sided (the mayor having refused to preside), and signed by 17,000 persons, stating that the prosperity of the country, and safety of the industrious classes, was only to be promoted by the proper administration of the laws, awl complaining of the conduct of Mr. Wilson Overend, one of the magistrates of Sheffield, in whom they stated they had no confidence, as his decisions were not consonant with justice ; that he had con victed many persons under the Combination Act, and sentenced them to three months' imprisonment and hard labour, and that nearly all his decisions had been subsequently quashed; that recently three respectable working men were brought before him under the Com bination Act, that he sentenced them to three months' imprisonment with hard labour, but that his decision was quashed at the ensuing quarter-sessions ; that he had invariably decided in favour of the employer and against the employed, and had in consequence given the greatest dissatisfaction in the town. The petitioners therefore, prayed the House to order a return of the tiutiihpF'., - i)f convictions under the Combination Act in Sheffield since Mr. Overend became one of the magic =traces of the borough, particularising those which had 'Veen:quashed, laud further praying the House to lasts .tutn an inquiry into Mr. Overend's conduct. The lion. Gentleman concluded by moving that the petition be printed with the votes, and giving notice that he should call the attention of the House to the subject on Tuesday. COUNTY TOWNS BILL. Mr. HOPE presented n, petition from the inhabitants of Southampton in favour of the County Towns Bill. HEALTH OF TOWNS BILL. Dr. BOWItING presented two petitions from the in habitants of various districts in London in favour of the Health of Towns Bill, and praying that the House would pass it into a law. RAILWAY BILLS. Mr. HUME said that as he did not see any of the [embers of the Government in their places, he would postpone until to-morrow the following motion, of which he had given notice:—That in all railway Bills, where railway companies apply for power to raise addi tional capital to pay for the completion, extension, pur chase, or amalgamation ,of railways and canals which have been sanctioned by Parliament, it be a condition, that such additional capital shall not be raised or bor rowed until the whole of the previous capital shall be actually realised according to the provisions of the existing Act. That such previous capital, whether raised in shares or by loans, shall be applicable to any proposed extension, purchase, or amalgamation of rail ways and canals, and that no new capital shall be raised under such new Bill until the whole of the previously sanctioned capital shall have been realised. Mr. ENT WISLE begged that the Hon. Member would give the railway companiee a little more time. They could not understand the entire object of the motion. Mr. HUME—It is very simple, it will not take five minutes to understand, and I cannot consent to a further postponement. Mr. MACKINNON said that he would, on next Thursday, move that no railway company, whose Bill had been passed this session, and who, as yet, had made no call, should be empowered to do so until the first day of January, 1850.—(Laughter.) ANDOVER INQUIRY. Mr. FERRAND gave notice that he would put a question to-morrow to the Right lion. Baronet the Home Secretary, whether certain letters to the Poor law Commissioners had been printed by the Govern ment and circulated in the country, and, if so, was that expense to be borne by the public ? And if it was to be at the expense of the country, he desired to know what the amount was. CAPTAIN WARNER'S INVENTION. Mr. AGLIONBY wished to ask the Hon. and Gallant Member for Liverpool the question of which he had given notice, with reference to Captain Warner's inven tion. He wished to know if it was the Hon. and Gallant Officer's intention to follow up the returns, which he had asked for, by any motion upon them ? Sir H. DOUGLAS said that it had been found upon examination that this new destructive power proposed by Captain Warner was entirely an illusion, and, there fore, it was utterly unworthy of the further attention of the House. DUTY ON FOREIGN WINES. Dr. BOWRING rose to bring forward the motion of which he had given notice; that it was expedient that this House should immediately resolve itself into a Committee for the purpose of reducing the duty on foreign wines. This country had already male great alterations in the Import duties, and he considered that they should extend their liberal policy still further. The best method of carrying out the principles of free trade, was by- admitting the products of foreign countries on such terms as they should like the products of this country to be admitted abroad. It was a remakable fact that several hundred years ago the im portation of wine into this country was greater than it was now. In the fourteenth century no less than 200 vessels loaded with wine brought car goes from the Bordeaux district into England. Now, if they reduced the duty and increased the supply, he could this apprehend, that the price would be enhanced or the supply be reduced. It was a remarkable fact as bearing on this point, that notwithstanding the large exportation of tea from China, the supply had not fallen off, neither was the price increased. Wine is the fruit of every temperate clime, and in Europe, great as is its production, that production may be increased to an almost unlimited extent, and placed within the limits of the working classes. He believed that no limit could be placed to its importation. All wines in France paid ss. 6d. a gallon, or about ls. ld. a bottle of duty. A change took place in the year 1831, when the duty on wine was lowered from 7s. 3d. to ss. 6d., while Spanish and Portuguese wines were raised from 4s. 10d. to ss. 6d. per gallon. The consumption, singular to say, was less now than it had been twenty years ago. In 1803 and 1804 the revenue received was 2,500,0001. for wine alone, the consumption being about 6,000,000 or 7,000,000 gallons. In 1845 the consurnrion Was 6,786,000 gallons, and tho duty received was 1,900,0001. In France, where wine was so chesp as to be within the limits of all classes, the wines which were above the com mon qualities paid a duty of 3,000,0001. sterling. Wines afforded a curious history. They found that of the wines consumed in this country within the last two cen turies, the consumption was, from 1728 to 1744, one twelfth of the whole consumption; from 1744 to 1785, the duties levied on French wines exceeded cent. per cent. the duty levied on the wines of other countries, and the importation did not ap proach within one twentieth of the whole demand. Since 1766 the duties levied onFrench wines had not been one seventeenth of the whole which had been collected. Now, he could not but feel great interest in our con nexion with France, and be was happy to be in strumental in any legislation which promoted, either I politically or commercially, our connexion with the country, and which might promote the consumption of French wines. Much had been done by the southern previa .es of France, and he might instance the exertions of the Chamber of Commerce of Bordeaux, who had in their memorial pressed upon the Government the neces sity for taking some measures to promote free trade. It appeared from the statemeat of the French Excise, by whom he had been favoured with due information, that upwards of 800,000,000 gallons of wine were annually produced in France, of which not more than one thirtieth part found its way to foreign countries ; and of the gross quantity thus produced, the greater quantity was sold in France, at sevenpence per gallon, or rather more than three halfpence per . quart ; and he did think that there were strong reasons for allowing some altera tion of the duties on the introduction of French wines. A considerable quantity of wine was produced in the Austrian deminione, as they found from the statements of Dr. Springall, who said that 2,300,000,000 gallons of wine were produced is that coun try. In Hungary there were 300,000,000 gallons of wines produced, and in Westphalia 700 gallons per annum. No doubt if they took the wines of these coun tries the inhabitants would take their manufactures in returm. Important statistics connected with the trade had been laid before the House. Wine might be obtained at 31. per hogshead, which might be retailed at an equally low price. There was no country in Europe which had not the means of affording this country a great supply of wi ie. Though they could not taste the ancient Seim and Talernican wines, still the land where these were produced existed, and they had still an opportunity of tasting the vintage of that land which was so much prized. There were excellent wines to be obtained in Tenedoe, in Cyprus, and in the islands of the Archipelago, provided the absurd regulations of hostile tariffs were broken through. He did know any better mode by which friendly relations between those countries could be atrengtheaed than by receiving the commodities which those countries could produce. In 1801 the consumption in this country was half a gal lon per head; in the present year it was not more than one-fourth of that amount. In France the consumption was stated by some persons to be 19 gallons, by others 25 gallons per head. In a mate of vassalage, the slaves of Rome were reported to consume 68 e alions per annum. If England consume only one-fifth of the quantity of wine used in France, namely, five gallons per head, the sum which would be raised for revenue at ls. per gallon of duty: would amount to 7,000,0001. And, looking to other countries, the diminished consumption of this country is made the more striking. In the Nether lands the consumption was twenty-four times greater per head. In the Hanseatic towns it was five times greater. In Denmark, with a population of two millions, there was as much wine imported as into Great Britain, with twenty-eight mil lions. The facts to which he had drawn attention with regard to wine were borne out also by a reference to the consumption of other articles in this country. With recgard to tea, it was a most remarkable thing that in 1821, when the price was ss. Bd. per lb., the con sumption per head was only one pound, and from 1831 down to 1841, when the prices fell to 4s. 2d. and 4s. 4d. per pound, the consumption was increased to 11b. 40z.; and in 1846, when by a combina tion of circumstances the price fell to 3s. 9d. per lb., the consumption increased to llb. 10az. Now, what was the effect of the reduction of duties on the revenue? In 1821, with a duty of 2s. /04., the revenue on this article amounted to 3,738,0001.; in 1841, when the duty was reduced to 2s. 2id. per lb., the revenue amounted to 3,978,000/., and in 1846 to 5,100,000/. The results of this reduction of the duty was as strikingly apparent on the com forts of the people. In 1811 the total consumption was 23,000,0001b5, in 1821, when the price was reduced to ss. 2d , it was 27,000,0001b5., and when it was re duced to 4s. 3d., the consumption was 31.000,0001b5. In 1841, when the duty was 4s. Id., the consumption was 36,000,000 lbs. ; in 1843, at 3s. 4d., it was 39,000,000 lbs. ; and the latest test which they had, viz., the year 1846, it was 47,500,000 lbs. He could not but think that matters like these must make an im pression on the House and the country. What, again, had been the case with brandy. That had been one of those experiments ; they had reduced the duty from 225. 10d. to 15s. per gallon. In 1841, when the high duty was in operation, the consumption was 1,164,000 gallons, and the revenue receipt was 1,329,000/. ; in 1814, the consumption was 1,023,000 gallons, and the revenue 1,167,000/. ; in 1845, it was 1,000,000 gallons, and the revenue 1,200,0001. It did not require a certain number of years for the revenue to rise to the same condition it was in before the duty was reduced. The same year was sufficient to reinstate the revenue in the same condition; in 1546, the quantity of brandy imported was 1,500,000 gallons, and the re venue now was as much as it had been when the duty was at 225. 10d. This gave them great encouragement to pursue the same course. The article of coffee bore out the same result. In the year 1841, the consump tion was 28,000,000:b., and in 1846 it was 36,700,0001 b., and the reduction of duty had been at the rate of 50 per cent., or nearly. The duties were one time 6d. and 9d. a pound, but now it was 4 d. and 61. What, then, h a d been the effect of that reduction ? In 1841 the revenue was 887,000/. ; and now, with so great a reduction, it was 757,000/., a much greater amount than was returned in the year, 1843, when the duties were 44. and 8:1. To take the result still later, the months of the present year showed the amount. For the first three months of the year 1846 the sum was 186,0001., and for the corresponding months of the year 1847, 213,000/. So in the matter of brandy. For the first three months of this year the quantity entered was 362,000 gallons; in 1846 it was only 214.000 gallons" ; but in 1847 the consumption during these three months had been 271,000 gallons. Wine ought to be an article of universal consumption in this country, but the duty imposed on the article was so excessive that it was practically excluded from consump tion in England. He wanted it to b, accessible to the poor man. Ile wanted to enable him to purchase a bottle of wine at the same price he would give for a bottle of beer. It appeared to him that he had made out his case. He thought he had proved to de monstration that if Government woold only make the experiment upon a large and liberal rea'e the article of wine might be in universal demand for home censump tion. He believed it would improve the public health. It would augmentpopular enjoyemen ts, increase the revenue, extend trade, and altogether give general satisfaction. On these grounds, without troutiling:the House further, he took the liberty of moving that the House should ;m -mediately resolve itself into a Committee: to consider the desirability of reducing the duty on foreign wines. Mr. EWART seconded the motion. He thought his Hon. Friend had made out a case in favour of a modifi cation of these duties. If they were informed of the quantity of wine consumed in other countries; they would be perfectly astonished at the small quantity con sumed here. In Denmark, for instance, the popu lation did not exceed that of London, yet the consumption of wine was far greater than the quantity consumed in this country. The consumption of wine in Holland was about a gallon for each of the population, but by a calculation made by the free trade: association of Cologne, it appeared that not more than a quarter of a gallon was consumed by each individual in this country. He did not see why the same consumption should not take place in this country as in Denmark. But there was a time when there was a great consumption of wine in this country; and no doubt his Hon. Friend the Member for the Uni versity of Oxford (Sir R. H. Inglis) could recollect the time when port wine was not the orthodox beverage of Oxford.—(A laugh.) At the beginning of this session claret waS the common beverage there ; but the Uni versity, headed by the Dean, petitioned the House against the high duties imposed on the importation of wine, and subsequently some alteration was made, and port wine became the favourite beverage. Wine was a great and bereficial stimulant, and if the duties were modified, instead of having the adulterated wines of Portugal, they would have the more wholesome and nu tritious wines of France. No doubt, like the question of the tea, tobacco, and other duties, which still re mained upon the statute book,: the repeal of the wine duties would be loudly demanded by the people. The CHANCELLOR of the EXCHEQUER said, that when a reduction had been made on wine the consumption had greatly diminished. He feared, then, that he could not calculate on an in creased revenue by a reduction upon that article. It was quite clear that this country had reduced its duty on wine, irrespective of any concession by any foreign power. He would not, however, be inclined to make a large experiment, and under these circumstances he must object to the H m. and Learned 'Member's motion. Mr. 1.". BENNETT was surprised at the Hon. Member fur Bolton proposing to repeal the duty on wine, when so many other articles might be better considered. If any duty was to be removed, why not that on tea, coffee, or that most oppressive tax, the malt-tax. Mr. HUME could not see any o bject i on t to the that the reduc then of th e d u ty, w hen it was 'I/111e o certain reduced duty the revenue would not suffer . would occasion an increased consumption wou in ga t it the aars ticle, and the aggrega te dut y He called the at much, if not more.—(llear, hea a r. ) recent dispatch re tention of: the House to ceived from Mr. Pakenham, i n which it was shown that in America , reduced tariff, in on e year the revenue hadwiinthcreaased one million of dollars. Were the duty wwo_inrueeleds-rtneroadtduece.d one half, the revenue, suffer. It would also be th e carrying out the f he was persuaded, would principle, to which th e House was pledged. Mr. STAFFORD O'BRIEN denied that the mere reduction of a duty would constitute free trade, whi c h mean t the total abolition of' duties. He thought that it' any aleration of duty was made to benefit the labouring classes it should be in the malt-tax. Dr. BOWRING replied, and said, after the expres. sion of opinion LAW eliciteOF d he M wouId ARRIAGE. withdrr the motion. Mr. STUART WORTLEY presented several peti tions from various places in the north-west on the su bj ec t of the law of marriage, praying that some alteration might ba made. Among the petitioners were 123 clergymen, 126 solicitors, 6 may ors o f towns, and 24 common councillors, and taking the whole of the petitioners together there were riot less than 1,062 members of the board of guardians. In th e presenta tionof these petitions he would not disguise the truth that he was personally desir ous o f e ff ect i ng some change in the law of marriage. But in doing so, he was per. fectly aware that he was approaching a subject in which ' there was much delicacy and difficulty involved, and on which many arguments had been stated quite irrelevant to the subject. Now, with respect to the object of the motion which he had to submit, he would say that the House had been pressed in 1811, by one, whose absence from that House all would regret, if it were not known that he was now engaged in a better place. Ilis Friend Lord Ellesmere—(Cheers)—had again, in 1842, renewed his motion, and in a House when only 290 Members were present lost his cause only by a raajority of twenty. Since that time five years had passed, and the question had every day been gaining ground, and was now even stronger than ever, for it was necessary to ret at rest the auziety of a great number of families. lie did not wish in the slightest degree to disguise the matter before the House. He did not desire to disturb the general law of marriage, but he would not be dealing fairly with the House if he did not state that his object was the same as that which had been advocated by Lard Elleamere, for he desired to obtain the repeal of the law which prohibited a marriage with the sister of a deceased wife. But under whatever circumstances that Act might have been passed, it had totally failed to effect the object for which it was framed. Its effect, instead of rendering the law more certain, had the effect of rendering the law still more uncertain than it was before. The object of the Act intended by Lord Lyndhurst was to make void those marriages. And, upon a subsequent occasion, bis Lordship said that it was not his intention by that Bill to set the question at rest. This Bill was brought into the House of Lords by Lord Lyndhurst in June 183 ere ; the Bill, as originally introduced, enacted , that su e rs marriages had taken place, they sh ould be held good and valid, but with respect to marriages which might afterwards take place, it was enacted that they should be held as actually void. No discuss ion took piece upon the stages of the Bill in the House of Common!: Subsequently, however, the second clause was restored Now that was the history of the Act ; and if lie d n ' Gentlemen would take the trouble to lo ok into the e bate which arose on the occasion of its passing', th e y would find that a feeling then prevailed in the Hower that the subject ought to be more minutelyi dscussed and considered in another session. A number of ree speetable persoes made an inquiry the cou'ntry, which occupied them three months, for t h e purpose of obtaining some statistical information on o n e. subject, and they found that 1,648 cases had curred, exclusive of the marriages amen in some districtst oef ing classes, which were within the prohil%tede degree, as specified by the Act of 1845, 196 took pi before the passing of the Act, and 1,364 since ; e e., of the whole number 1,501 were with deceased vitvs. amongst the werek_ sisters. One of the highest civil authorities had lo' formed him that he had induced many persons ncit . t s e e marry on account of the objections which might art.,. owing to their relationship ; and, with the exceptioeel one case, he had invariably succeeded. Among these marriages, there were seventy contracted by barristers, and physicians, thirty by the middle else including merchants, manufacturers , tradesmen,. Ise's: and it had been calculated that here must De the msgistrases: least 6,000 of these marriages prohibited ki1,300 Act now existing, which affected, at least' st ' f the persons. The principal object of the f ramers Bill of 1835 was to render the law certa in and Baal;- but the introduction of the clause rendering wenl, e , ee oare riages invalid, bad counteracted the benevolent thek l ut tions of the authors of the Bill, and had caused . ba d most unhappiness in families, the heads hick bad married in opposition to the Act. The number o t marriages amongst the lower classes was small, buetdtr. might be accounted for by the fact. that many I' v e bo a gether in a state of concubinage. Every effort baen made to expose the evils which existed ,from th p ct ' and to bring about a healthier state of the law. Ml n c Y fre the facts ascertained were laid before that eminen-l e re; Mr. Justice Erie, whose elevation to the bench had gigention utmost satisfaction, and after devoting to the subject—for he was one of the counsel le. Sussex peerage case—he stated it as his firm ople,ibl'ai's that notwithstanding the Act of 1835, marriages er2 an d kind then objected to were valid,—(Hear, hear) view; many other eminent men bad supported the much att.en the but still great uncertainty prevailed, and gfraerna:_d:ll,! hung over many marriages, and a man named Chad ! A who had married his wife's sister, and who was charge', with bigamy, as he had married during the life of his wife, d th was acquitted on the gr oun d that it was an in anvalid:_ riage in accordance with the Act of 1835, was now pending at the Court of Queens Bench. T h ar great diversity of opinion prevailed with respect to . ee riages contrasted abroad. Some said a solemnised abroad between parties who had gee,. marri abroad for that purpose, and wile, immediately.afterware; came back to this country was a valid marriage, e others entertained an exactly opposite opinion, ancrtehns; such marriages were illegal. The question was u „ • which affected both rich and poor; but as the richr to s sessed property and held titles that were exPr oe much danger, and the transfer of property was _ b i e rounded with difficulties, litigation, and internailow expense would be the result. One object of the Act _ e s: to relieve children from the suspense they• ing the lives of their parents, who had contracted lite riages not strictly legal, but the Act had not acc e r e were in d Wished the good for which it was designed; an d e ' te distance of a century hence, the thisdescendan of persons who had contracted a marriage o f r e nature, might be called upon to show that their ances` o f were domiciled in Holland or Germany at the time of their marriage, so that they had not viol ited the lawn' their own country. Thus every title in this county was insecure. In Scotland, for instance, marriages within the prohibited degrees, if they had taken Pie° 1/1 „ ' England, were valid.—(Hear, hear.) Now, thi s was, t intolerable state of things, and ought no longer to es;`• A petition in 1841 was presented to the House of Lorna, signed by 75 solicitors, complaining of the artomilo o : state of the law ; and another to the same effect bad been presented from a large bcdy of the clergy. It was under these circumstances that he asked the House to give him the means of making an inquiry. He thought he had made out a case for inquiry.—(Hear,hear.) With the exception of some cantons in Switzerland, no Protestant country save this allowed such a state of things to exist. For instance, George 111., whilst many marriages were prohibited in this country, was in the habit of giving dispensations for the solemnising of simi lar marriages in Hanover, a portion of the British domi nions. The only objection which I shall venture to nu et upon this occasion, is that a Committee upon this sub ject would raise a great feeling of doubt in the minds of families. With respect to this objection it was futile, inasmuch as doubts already existed ; but, even if it diir it was net, nor ought to be, a valid ebjection. —(hear, hear.) He had numerous cases where he could prove that a young woman could not live under the same roof with her deceased sister's husband. The breath of scandal was too great for her to do eo• even if her care was necessary for the welfare of the children. He hadestablished that there was very great doubt upon the subject, and he bad also proved that there were many cases of flagrant evil, he therefore considered that hei had made out his case for a com mission. The Noble Lord then read a petition from Lin" coin, signed by all the clergymen in that diocese, stating that g reat and enormous evils arose from th e p resent state of the law. Ills first intention was to seek for Committee, but, from the lateness of the session, and from a variety of other motives, ho was desirous to ask for a Commission. The high character of such a body, the seal of confidence tinder which they could obtain evidence, all imparted to such a plan the requisites so much to be desired.—(Cheers.) Sir G. GREY said that he was anxious to rise early in this debate, after the able speech of the Hon. Mem ber, in order to express his full concurrence in his pro position. Ile considered the law to be in a most unsa tisfactory state, and he, therefore, was of opinion that an inquiry should take place ; at the same time, he desired that it should be distinctly understood t hat he did note express any opinion as to what ought to be the state of the law.—(hear, hear.) Ho also was of opinion that the very best course to be pursued was that one proposed by the Hon. Member, as they would be able to place upon 61 commission many men well qualified to act upon such, and who would be able to devote a much greater portion cf time to the subject than any Member of the. House.„ Sir ROBERT INGLIS was sorry t h a t the Big"' lion. Baronet had consented to the proposition of the lion. Gentleman, as the conc ess i on went to prove that thousand oneusnantntl cf i ni f some lion change G in the law was absolutely necessary'. T he marriages ;t u n a r r s t a a i g cl e s t hiant the the }gear.riev an Nell, t whatendedwata sixt e celebrated throughout Englan in the same period ? (hear, hear.) Why, one hundred thousand 1---; It was, therefore, in favour of a fractional portionand ; they were about to chango their existing lsW, not in favour of the majority. The Hon. Gentle inan said that the law had already in a thousand in" stances, been violated, and he argued tha t it therefore should and ought to be repealed. No w t his as a rather f h W extraordinary method of ar g ument, onsidered or e c that those who disobeyed the law, ought to be puni shed instead of rewarded.— (Hear, hear. Sir BERNAL OSBORNE said that he would not enter into the question. He only arose to tender his thanks to the Hon. Member for having brought forward this Bill. He formerly did not record his vote upon this uuestion, as he had not sufficientl made up his mind upon the subject, but every day co y nvinced him of the necessity of doing something. Dr. NICHOLS said the same difficulty attended mar riage both within the prohibited degrees of' confetti gidnity and affinity, and the law of England always cone sidering the law of marriage . to be in the region of canonical disability, had never interfered. He could not agree to the motion. Mr. WATSON thought the state of the law was such as to demand inquiry, and he would the re fore support the motion. • The motion was then agreed to. IMPROVEMENT OF FISHERIES (IRELAND). Sir W. BARRON rose to move for a Select Committee to inquire into the means of improving the fisheries of Ireland, and thereby affording profitable employ ment. He said there were 400,000 individuals connected with the trade, but the want of capital had rendered these fisheries unproductive. 0 5 reason for malting tho motion at present, was that t he House had voted large sums of money for the Scowl' fisheries, which were fostered, while the fisheries of Ireland were left unaided. The consequence was, that the Irish fisheries were worthless, while the Scotch were selling their fish at a very high price in Ireland. Dl' would more efficiently benefit the people o f the country whose fisheries were to be the subject of the in; quiry which he proposed ; the best proof of which wa d the success that had attended the advances to Irebe and to Scotland on this head. The Hon. Member CO" eluded by moving for a commission of inquiry. Mr. FREWEN seconded the motion. Mr. LABOUCIIERE said he would not express an opinion different from that expressed by the 11, 11 " Baronet, who had moved for the Committee , as to ta importance of the fisheries of Ireland. It was a cle es e ,j tion whi c h had occupied succeeding Governments s_: the House for many years, and there h ad been ca _ re missions of inquiry, so numerous, that til! se were documents on the table of the )Flout. sufficient for information upon the subjecef He believed that th© growth of the fortueeto Scotland were to be attributed to the er 1 „`2,7 0 , enterprise, and not to any encouragement derived Government. At the same time, he was not prepar a l 7 deny that these were the modes in which Governs:l7; , might wcll and beneficially employ its influence, .a.0°.h1.4. would instance two methods by which he time gat • benefit might be had. One of these modes was, ): I , i f in e g .. grants of money to the building of fishery piers w ire muc h rent parts of the coast of Ireland, where they ° L w o g ( 5 0 • °°°- wanted. The late Government had devoted a sue! , o like to this object, and the present Government _in manner, voted 40,0001. fur the same purpose. jiytheieli had mode was by erecting curing 3t4.ti0n 15 , a means ) ;1 . ,~ "'r. 7 ;..r; 1 4 6 I I b3en fOrtt O f it Si had