The Sun. — London, England, 1847-05-13 00:00:00

-- IMPERIAL PARLIAMENT HOUSE OF COMMONS, May 12. PIOUS AND CHARITABr.E TRUSTS. (Continueo .row ~ur Aft , raooii E.i Psti.rday ) Lord CLIVE attracied the not.e.- o' Spe.ker IT- said there was a strong prejac:lo._ by the Right iiobouf table Baron-i the Member for the University of Oxford, that in that House they sat to destroy the old laws. It was not their intention to destroy the old laws, the legislation since the Reformation; they wished only to repeal the Act 9th of George 11. But he would ask those who set up the bugbear, what had been the spirit of legislation'since the Reformation ? What was the policy of Queen Elisabeth, and those great men of her time, whose wisdom continued a landmark in history, and whose valour destroyed the Armada? — (Hear.) The 31st of Elizabeth, c. 7, was for the be queathing of lands to charitable uses; the 39th, e. 2, was for a poor-law carrying out the spirit of the previous Act, and after that followed a law for the punishment of vagrants, in dicating that they were guided by no sickly spirit. But then follow ed c. 4 of that Act, which was the most im portant of all, permitting and requiring the erection of hospitals for the poor. From a provision in that Act it was clearly shown that the policy of Eliz abeth was q uite different from that of 'George 11. That Bill of Elizabeth was entirely charitable in , its. nature ; it was not likely that. she would make a law favourable to Rome. James 1., too, who could not be supposed to incline towards the Roman Catholic religion, carried out that policy. William, Mary, and Queen Anne, too, were always found to be favouring charity. With respect to one of the grounds of the objection of the Right Hon. Baronet respecting succession, it appeared that the power of bequest was fully extended to York and Wales. The power of testators was made absolute except in cases of charity, and no care was taken of heirs. What was the meaning of the restriction of personalty? It was not sufficient to say that it did exist, and the authority of William, Mary, and Anne, might be well opposed to that of George. That measure could not be correctly called the safeguard of Protes tantism. The present law did not apply to Ireland or Scotland, and he thought the Honourable Member for Oxford could not contend that that law was passed f or th e secur i ty o f Protes tantism. They were endeavouring, not to introduce a new principle, but merely to remove an anomaly. They did not wish charities to get possession of the land, but merely that property should be placed in the same position with respect to that as it was with reference to anything else. The University of Oxford was enabled, by an Act, to sell their land. Were it not for an exemption of Queen Anne's bounty from that restriction by the 43d of George 111., that most useful charity would not have been half so efficient as it was. In his Church Endowment Bill the Right Hon. Baronet himself had made serious encroachments on the principle contended for. Let them look at the manufacturing towns, and they would find that this statute worked most injuriously, and in agricultural districts there was equal iniury inflicted. Sir R. H. INGLIS said that he should have been content to have let the measure go to a division, after the speech of his Right Hon. Friend the Secretary for the Home Department, without making any observa tions upon it, had not the House decided that the debate should continue. He trusted that at some other period it would be so contrived that so important a question would not be brought forward at a time when so large a proportion of Hon. Members were necessarily absent in their several Committees. He could hardly agree with his Noble Friend in any one particular of his speech except his eulogium upon Sir F. Palgrave. While he admitted the justice of that praise, he could not attempt to assert that, however high and talented an authority Sir F. Palgrave might be on this subject, still he was not infallible, and many assertioni made on his authority were incorrect. He trusted that the House would not be misled by any state ment, however elaborate, into an assent to this Bill, but that it would be rejected upon its own merits, as a simi lar meesare was rejected last year. He thought that any measure that could encourage men to give in their lifetime for charitable purposes was better than one to encourage them to defraud their heirs' by leav ing their properties for these purposes after the it death.--(flear, hear.) There had been many Acts with reference to this subject, and all of them had been re laxed in favour of the Church of England. lie would not enter upon the ' subject more fully just then, but he would say that, rather than take the Noble Lord's Bill as he found it, he was con tent to take the law ae he found it. On many grounds it was very inexpedient to disarrange the law as it, now stood, and for still heavier reasons would it be inexpe dient to pass the measure of his Noble Friend into a law. Sir W. HEATHCOTE supported the second reading of the Bill. M. NEWDEGATE said that the evils which this Dill proposed to remedy were not so great as the evils which would accrue from it. Lord J. MANNERS r i : )ied—He said that the lion. :Member for Tam worth i,.Lroduced his Bill without any of those objections off:-red by the Right Hon. Baronet having been urged against it, and he could not conceive why one thing was to be right in Ireland and entirely avrong in England. The House then divided, when there appeared— For the second reading 2O Against it Maj,rity -.143 AGRICULTURAL TENANT RIGHT BILL. Mr. PUSEY presented a petition from the members of the Landowners and Farmers' Society, in favour of the Bill. The lion. Gentleman stated that it was not his intention to proceed further with the Bill. The Right Hon. Mtember for Tarnworth had stated, and he agreed with him, that the legislation at that period of the ses sion could not do anything which could satisfy the parties concerned. He hoped, therefore, to be allowed to withdraw the Bill. Sir ROBERT PEEL said the Hon. Gentleman could not look back on his course with any but the most pleas ing reflections, for his object had been to benefit the parties concerned, to promote the application of capital to agriculture, and to afford a just compensation to the farmer for the changes which had occurred. The course of the lion. Gentleman did him great credit. The Bill was then withdrawn. LANDED PROPERTY IMPROVEMENT (IRE LAND) BILL. On the order of the day far going into Committee on this Bill being read, Mr. SHARMAN CRAWFORD said the object of the Bill was similar to that of a Bill brought in by Government, viz., to enable those of limited pro perty to improve their lands on Government advances at a rent charge. It was intended to include those who were excluded from the Government measure. He wished to have the opinion of some Members of the Go vernment before going into Committee as to how far the Government were prepared to support it. Mr. MONAHAN (Solicitor-General for Ireland) said one of the provisions of the Bill, allowing the tenant tier life to borrow money from the Government, was one the operation of which would require consideration, and he hoped the Hon'. Gentleman would postpone the Bill. Mr. SHARMAN CRAWFORD postponed the Bill for a week. ROMAN CATHOLIC CHARITABLE TRUSTS BILL. Mr. ROMILLY said he would not press this Bill during the present session ; but he would postpone it till this day week, and on Tuesday next he would move tor a Committee to inquire into the operati,n of the law on Roman Catholic charitable trusts. The second reading was then postponed to this day week. POOR-RATES (IRELAND) BILL. This Bill wont through Committee pro forma. bringing up the report, Mr. STAFFORD O'BRIEN, who had risen at the moment when the Speaker was leaving the chair, said ho wished to have entered his strong protest against this Bill, and to have moved that it should bs committed that day six month;. He protested ak-ainst any change in this matter now, after what had passed upon the subject during the present session ; and. second, against a private ..lember of the House dealing with so weighty a matter, and he called upon the Government to come forward and state their opi nion upon the principle on which rating ought to be founded in Ireland. He therefore moved that the report should be received that day six months. Sir GEORGE GREY said he had stated shortly the grounds on which he agreed to the second reading of .the Bill at that time. He thought the Bill was one of ponsiderable importance, and when in Committee it came bcfore them clause by clause he would state his opinion. BLit he was not prepared to say that the law at present was in a satisfactory state, nor did he mean to say that the principle of voting ought to continue as it was, or to be sub 3 7 ected to change. Mr. YOUNG thought the Bill was either a very ridi culous one, or one that would not be practicable. Mr. SHARMAN CRA WFORD thought the House would ga-ant him a hearing for a very few moments. He had proposed to expunge the 6th clause, not because be thought it better to expunge that clause from his own new of its merits, but from the opposition that t, lad been made. In all cases the tenant was compelled to pay the rate, with right afterwards to deduct it from ther of rent, but the tenants were so com pletely in the h an d s landlord and agent that they were not able to get back th that porti on o f t h e ra t e t o which they were entitled. U 5 That had been s t a t e d t o hi m f rom good authority. the alluded t o w h at h a d been respectingstated estate. The valuation of their Earl of Wicklow's justly lower than the rent;, which had a most beneficial was justly effect upon rack-renting landlords, but h e en i e h fi ottuiri; g h h ;nor t e hat tha i n t was most unjust to charge the ten .his due prooortion of the rate. would be de:udived if it supposed that zuntry br nt rife (!0 , 21,1 collecred, or, in a w ,, r a , P that ra t e could hi , ef;riPc'e (i when no means of Dayi ng it I t , igh , im, thet a tl:,ff •ro)t Triode of le v y existed. ing rates sh: 01 Thee . courts of law then might appoint a receiver on the estates of those who did not ace justly would not give up the other classes of the Bill. Sir R. _FERGUSON ex,j-iinerl that the statement respecting the Earl of Wield , . a- ha] been contradicted —(Cries of " Divide. divide.") Mr. LABOUCHERI thought that if the Bill were stopped at the present stage the Hous'e would be takina an unusual course. The second reading of this Bill ;bad been agreed to, and the Hon. Member who had in tiroduced the Bill said that he was ready to make amendments in his meastire.—(Cries of" Divide.") )&r. GOULBURN thought it was proper that this Etill.shottld not be longer kept in agitation. The House then divided, when there appeared— --- gor the motion - - 55 Against it Majority Ti l e ill was consequently lost. THE SUN, LONDON, SEAMEN'S ENLISTMENT BILL. On the motion for the second reading of the Bill, Sir CHARLES NAPIER said the Earl of Allot° had stated th:r tb y we-t a ip,a6ty cur( the et: :,.. , ulf•nt of .I.llors. . (1,,1 thir•lt tliKt was a , •-u:Nt , for th,! A ~ n , t:4 r etit was, ti,at whether war did or did not take place, those who enlisted were entitled to the bounty. His proposition was that a proclamation should be issued calling out a certain number of men, and that the mas ters of the different merchant vessels should be obliged to discharge that class, and take men into service who did not come within that description. The men would then be driven to enter her Majesty's service. Th e y might call it impressment if they liked, but it was a far milder method than that which had been hitherto practised. He very much doubted if they could pursue the old system in this en lightened age. He very much doubted if the Lord Mayor would grant a warrant to press men into the service. lie hoped that the House would call on the Government to make some such law as the present. When they were in hourly expectation of war with France the line of battle-ships were not half manned. While vessels in the French service had nine hundred' men on board, those in the English of equal size had • only seven hundred or seven hundred and fifty. He did. trust that the- Government would take some means to correct these evils. It was the last opportu nity he would have of addressing the House for some time, and he therefore was the more urgent in his appeal Mr. WARD said that he was sorry to have to oppose the Gallant Admiral upon this Bill, as he said that it was the last he would introduce for a con siderable period to the attention of the House. As to the general principles stated by the Gallant Admiral he fully agreed, but the provisions were not calculated to effect the good he desired. Mr. CORRIE expressed his surprise at the provisions of the Bill, and the speech with which the Gallant Mem ber had supported it. Sir C. NAPIER replied—He said the Secretary of the Admiralty had quite missed his argument; he bad failed to answer it. He offered a prospect of something being done at a future time ; so it was always, and so it would be, and there would be nothing done in the end. The gallery was then cleared, but the second reading of the Bill was negatived without a SEDUCTION AND PROS TITUTION PREVEN TION BILL. On the motion for the second reading of this Bill, Sir G. GREY said the Bill failed in the object it con templated, viz., the prevention of "procuring " victims for the vice in question. He objected to the Bill also for the summary way in which it proceeded against the offender. The other clauses of the Bill were of a very sweeping character in reference to brothels and persons suspected of keeping such houses. The clauses were very indefinite, and laboured under great disadvantage as a practical measure. It would be a Bill of great advantage to public morals, if it were a prac ticable measure; but as the Bill stood there was not a clause to which he could give his support. If the Hon. Member would bring in a measure to effect his object in a more simple way, without touching upon the lib r ties of the subject, the Government, no doubt, would give it their support. Mr. SPOONER said after what had fallen from the Right Hon. Baronet, it would be quite unnecessary for him to waste the time of the House by entering upon the character of the measure. He was obliged to the Right Hon. Baronet for the recommendation which he had offered, which he (Mr. Spooner) would accept and follow. The Bill was then withdrawn, and the Hon. Member gave notice of motion for leave to bring in a Bill to pro secute the more effectual suppression of trading in seduction, and providing that parties offending should not be subjeet to summary jurisdiction, but be tried before the courts of law. REGISTRATION OF VOTERS BILL. The Committee on this Bill was postponed till Wed nesday next. _ MEDICAL REGISTRATION AND MEDICAL LAW AMENDMENT BILL. On the motion for the second reading of this Bill, Sir R. H. INGLIS presented petitions against it. Mr. WAKLEY presented petitions from Manchester, Liverpool, and several other of the most important towns in England, Scotland and Ireland, com plaining of the abuses that existed at present and praying that this Bill might be passed into a law. He would move the order of the day for the second reading of the Bill, in order that ho might obtain leave to postpone it till MOnday next. The Bill was then postponed for a fortnight. THE TOWNS IMPROVEMENT BILL. Viscount MORPETH moved that the House do go into Committee Imo forma upon this Bill; no further steps would be taken upon it until after the Whitsuntide holidays. Colonel SIBTHORP stated that the typhus fever was raging in the metropolis. This statement be made upon the high authority of an eminent physician ; and he could not see why London was to be exempted from its operation. He would move that the House do not go into Committee. Sir J)HN DUCKWORTH presented a petition against some of the clauses of the Bill, and requested to know if the Noble Lord would take the prayer of the petition into consideration. Dr. BO WRING said that the Noble Lord had made great concessions, and if many more were made, the Bill would be of very little worth. He hoped that from henceforth the Noble Lord would show some of the virtue of resistance. He was supported by a great body of public opinion out of doors. Lord SANDON fully concurred in the sentiments of the last speaker; a great change could not be made with out its being prejudicial to some vested interests. Viscount MORPETH said that he left out London from the provisions of this Bill, not because he consi dered it less to want it than the city of Lincoln, but, be cause of its large size ; and he feared that by grasping at all he would have got nothing.—(Hear, hear.) Colonel SIBTLIORP said, as the Noble Lord had not acceded to his suggestion, he would press his amend ment to a division. The gallery was then cleared for a division, but as there were only thirty•four Members present, the House adjourned. REGISTRY of BIRTHS and DEATHS DURING THE WEEK ENDING MAY 8. I Deaths registered in the week. Births registered in the week. Males ... ... ... 486 Males ... ... ... 652 Females ... ... 501 Females ... ... 607 Total . . 987 Total ... 1,259 IRELAND. Limerick and Clare Examiner-office, ISIONDAY, TWELVE O'CLOCK. ATTEMPT TO MURDER MR. JOHN BLOOD SMITH. On yesterday (Sunday), whilst the greater part of the family and servants of Mr. Blood Smitb, of Castle-Fergus, near Newmarket, were at prayers, the female portion of the family at Ennis, and some of the servants at New market, a body of armed men entered the house and ascended to the back drawing .room where they found Mr. John Smith reading. They asked where his father was. lie said he did not know. They replied he lied, and one of the banditti thereupon fired and hit him over the temple. A second shot wounded him in the side. Mr. Smith, sen., with Mr. Wallpate, jun. (of Castle- Connell), were in the lawn, and hearing the shots, Mr. Wallplate asked, what is that ? Mr. Smith replied, " Nothing, but John shooting crows." They then proceeded to the house and wet the wounded young gentleman, who cried out " The Terries have murdered me." Mr. Smith imme- diately ordered Mr. Wallplate to horse for a surgeon and the police. The latter, though he could find in the stables only a " winker," instantly dashed off to New market for Dr. Evans and Mr. Head, Inspector of Police, who very promptly attended. Whether the shots took fatal effect is still doubtful, the account having been confusedly given, owing to his excitement on the occa sion, by Mr. Wallplate upon his arrival in Limerick, about four o'clock yesterday. It is certain, however, that Mr. Smith received a very severe wound in the tpp of his head, which bled profusely. No trace whatever could be found of the assailants. RATHKEALE. Yesterday morning one troop of Artillery, with two guns, two companies of the 59th, and a body of the Bth Hussars, under the command of Colonel Cator, proceeded to Rathkeale, in consequence of an apprehended rising in that district. There were reports in town last night of a col lision having occurred between the people and the troops, wind that five men were shot. This morning, on inquiry, we found that this was not true, and that all was quiet. At Nantenant, however, the residence of Mr. Royse, an attack was made— twelve stand of arras were taken, and property, chiefly consisting of provisions such as bacon. The accounts from Ennis are of a tranquil character. STRANGE ACCIDENT TO HER MAJESTY'S 62D FOOT.—We understand that her Majesty's 62d Foot may be expected to arrive here about the 17th or 18th. On the 2d inst., after passing Colgong, the regiment was very near meeting with a disaster similar to that which happened to it near the same place on the 6th of September, 1842. It came on to blow a perfect hurricane, the fleet of boats was all die. persed and cast on shore, but we are happy to report that t here was no loss of life. Colonel Shortt, Captain Graves, and Captain Olpherts, had a very narrow escape. Just as their boat r e a c h e d the shore it tock fire, and was burnt to the water's edge in less than three rniuutes; everything on board was destroyed, including the regimental colours. r t zri st s , he t d. ad b l e t m t i iliaed share, accident happened before the boat approached tor had hare, it is probable that all on board would have was also fortunate that the fleet of dispersed before the fire I taken fire, and as they they been doze together, others wouldbroke hoauvte, were on a lee-shore, the violence them. As it was, avaer rendered it impossible to clear I of the wind ~ x ertions of the soldiers, Nivniformant says, that only the 1 dames, prevented other boats t?rokme p b t ei t n h g r o b w urn i a g t. waterrrh above ' the v e .. I' tuentioned officers are st a t e d to have suffered a loss of no ' less than a thousand pou n d s, everything belonging t o th em laying been destroyed. It is mentioned - g colours should have coin cidence that the regimental been lost very nearly in the same place where the f ormer d o wn about five years ago , in a boat of nearly one went kmd. When the form er accident h appened, 'Lord Eni n i: rough showed his usual liberality to the sufferers, I Mr. Grenfell bad an interview with the Earl of Cla ren at the office of the Board of Trad e. 1 mdr4 ) . ll Freshfie YestPrdla relay had an interview with the Chancellor 1 Or the Exchequer , yesterday, da at his official residence in , t Downing-street. RAILWAY COMMITTEES, HOUSE OF COMMONS.-(YESTERDAY.) P•0 1 ,7P Zt.c. Evidence was called in favour of the Bleadon and Wells branch of the Great Western Railway. The witnesses examined were the Rev. Mr. Bradon, vicar of Chedder, Mr. Henry Davies, solicitor, of Weston-super- Mare, and Mr. Arthur Thomas Tanner, landowner in the neighbourhood of Sidcott, Somersetehire. Mr. Augustine Day, carcase butcher, residing at Meare, Mr. John Lewis, market-gardener, of Axbridge, Mr. Richard Lewis, woolstapler, of Axbridge, and Mr. H. Budgett, malt ster, of Chedder, also gave evidence in favour of the advantages to be derived from the scheme of the Great Western Railway, in that it would afford a more continuous line from the vari ous places in which they were interested to London. Mr. G. Cox, miller, of Cheddar, and proprietor of the cele brated stalactite cavern in that place, said that the con tinuation of the railway would bring an increased influx of visitors to his property. At the conclusion of his examina tion he handed, with the utmost gravity and amid consi derable laughter, to the several members of the Committee a bill setting out the wonders of the cavern, and expressed to them the pleasure which he would derive by their paying a visit to the- cave in gdestion. Colonel Coles, magistrate of the county of Somerset, stated the importance of Wells being placed in connexion with the principal towns of. Somersetahire, as proposal by the Great Western Railway schemes. The Committee then adjourned till twelve to-morrow. GROUP XL The Committee met this morning at twelve o'clock; Mr. F. Mackenzie in the chair. iIIiAINTHEE AND HALSTEAD. Mr. Waddington, deputy-chairman of the Eastern Coun ties Railway, was examined on behalf of the promoters. After some farther evidence, the room was cleared. On the re• admission of strangers, The CHAIRMAN announced that the Committee found the preamble not proved. GROUP XV. CAMBRIDGE AND nzpronn. The Committee on this group met this morning at tweiv4 o'clock ; Mr. Bernal in the chair. Mr. Nash underwent a longcross-examination respecting the property of the several opponents of the line, whose case Mr. Gurney opened yesterday. He believed that the traffic on the line would not justify the outlay of so large a sum as 485,000/., and did not conceive that any outward traffic would countervail the local deficiencies of the line. A discussion here ensued as to whether the Committee would take the Royston and Hitchin Railway as a com peting line, and after much discussion it was decided that they would not view it in that light. Mr. Nash was then asked by Captain PECRELL whether he did not conceive that the frequent elections at the two Universities would not render the formation of a line abso lutely necessary to make a direct communication between the eastern and western counties ? and the witness re plied that be did not think the proposed line was necessary for that purpose, as the route was but little circuitous already. Captain Lawes stated that he was the manager of the London and York line, but that the expense of the land owners' opposition was not to be paid by the company for which he was engaged, and he could point out a route which might be followed without the slightest interference with the property of those who appeared in opposition to the Bill. To the Chairman Captain Lawes replied, that he was quite willing, on behalf of the London and York Company, to make the concessions that were necessary to meet the views of the Eastern Counties Company, so that both might be accommodated. The room was then cleared, and the Committee decided that the preamble of the Bill was proved so far as the line went between Bedford and Shelford. The Committee then took the consideration of the branches. These branches being unopposed, the Committee declared the preambles of both to be proved. GROUP XVIII. LONDON, CHELTENHAM, AND OXFORD The Committee on this group assembled this morning at twelve o'clock; the Earl of Lincoln in the chair. Mr. Llewellyn, an extensive coal agent, and agent also for the Lord-Lieutenant of the county where he resides, stated that there was an extensive coal-field in the neigh bourhood ofNew port, Abergavenny, and Pontypool. He should think upon a fair calculation that it comprised 104,000 acres, in which there were already a number of pits open and actively at work. Leaving out all the seams less than 18 incl,es thick, he conceived that the bed of coal in the district could not be less than fifty feet in thickness, while the bed in the Forest of Dean was nut more than 55 feet thick, and did not exceed 16,000 acres in extent, of which only 7,000 acres covered the best coal. The coal in the Forest of Dean could not be sold for less than 7s. a ton at the pit's mouth, while the coal about Pontypool could be raised for 4s. 6d. a ton, and sent to Newport and Abergavenny at 10s., and to London for 215., if there was a continuous railway between London and that district. At the present time the same coal is sold in London at 245. wholesale, but by the Great Western line the cost could not be less than 225. 5 3 4 d., besides the charge resulting from the break of gauge, and the consequent transhipment of the goods. Mr. W. S. Carter, a coal-owner at Pontypool, generally confirmed Mr. Llewellyn's evidence, and stated further, that he was a contractor for the supply of Government, and had lately shipped a considerable quantity of hand-picked coal at .'Newport to New Zealand on public account, but he could have made the contract on much better terms if he had had the benefit of this railway accommodation. Mr. R. Stephenson, the engineer in chief to the line, said that the course which it was proposed to pursue was to leave the Birmingham and Bristol line a little south of the Chel tenham station, and, running close to that town on the west, proceeded northwards to Dowdeswell, at which place it reached the summit of the Cotswold range, whence it de scends to Northleach, passed by Burford, Witney, and Oxford, where it comes to the proposed station of the Oxford and Bletchley line. It then turned northward at Henley, and ultimately joined the London and Birmingham Railway at Tring, a distance of twenty-two miles and a half from the station at Euston square, the entire length being about sixty-nine miles and a half. The cost of the main line would be 1,378,6001., and with the branches would belabout 1,452,756/. The ruling gradient would be one in a hundred, while that of the opposing line was only one in two hundred. He pro posed to attain the summit of his elevation by a gradient of short length of one in ninety, while Mr. Brunel proposed to effect the same object by a shorter and steeper gradient of lin 60. But, although the general gradient was greater than that of the Great Western project, he reached his stations at Cheltenham and Oxford 30 feet below the site adopted by Mr. Brunel, and, beside, had the advantage of avoiding the bed of water by which Cheltenham was supplied. By both the lines the distance would be 1014 miles; and from Gloucester it would be by one line 109 miles, and by the other a furlong further. By the present route the distance from Gloucester is 114 miles, and thus five miles of distance would be saved, and a continuous commu nication would be made on the narrow-gauge system from the west, the south-east, and the north. Mr. TALBOT cross-examined on behalf of the Great Western Company, and Mr. Stephenson replied to him, that there was a number of roads to be passed on the level, but that would be spoken to by another witness. The present extent of the lines comprised under the influence of the North Western Company might be described by Perth as the northern extremity, Holyhead as the western, and Gloucester as the southern, and upon the lines now worked a dividend of 10 per cent. ;had been generally paid. He had laid down the line generally with a view to avoid residential property. Since the reduction of the fares on the North-Western line there bad been a difference in the returns made to the share holders, but there had not been an opportunity of ascertaining it precisely. To Mr. CALVERT'S re-examination, Mr. Stephenson replied that the district occupied by the Great Western Company was nearly as extensive as that influenced by the North Western Company, although not so good for the pur poses of traffic. The paid-up capital of the latter company is upwards of 15,000,0001., while that of the Great Western Company is upwards of 5,457,0001. paid up, 4,316,0001 debt., and power to borrow 3,958,0001. They were farther seeking for powers in the present session to raise additional capital of 11,000,000/. The North-Western Company had a portion of what was called Punch's line, and had arranged to make wharfs and establish works at Battersea, so as to bring the narrow gauge lines to the north of the river in communication with the South-Western lines on the other side of the Thames. They were also about to lay down foar lines of railway from London to Tring in order to accommo date the increased traffic that was anticipated. To Mr. Taumr's cross-examination on this latter point, Mr. Stephenson replied that it would require new powers to enable the company to lay down the additional lines be tween Tring and Watford, but not between the latter place and London. The tunnels and the roadway were to be doubled. It being arranged that the landowners' opposition and the further evidence of the promoters should be got through to-morrow, and that Mr. Talbot should reply the first thing on Friday morning, The Committee adjourned at half-past four. GROUP XXIV. MOLD. The Committee met this morning at twelve o'clock ; Mr. Beckett in the chair. Mr. Timmy' opened on behalf of the promoters, and stated that he had in the first place to object to the petitions of the inhabitants of Chester and Wrexham, as the counsel for them had no locus standi in the Committee, in consequence of the almost but universal practice in Parlia ment of not allowing any parties to appear where they or their property were not affected by the proposed line. It was shown that' the line would not come within three miles of Chester, but that it would run into a line that w as a l ready sanctioned by Parliament, and which was intended to run directly through the city. After hearing the reply of Mr. HILL, who appeared for the petitioners, the Committee decided that he was not entitled to take any objection to the preamble of the Bill. An argument then arose on the petition of the promoters of the Chester and Shrewsbury Railway, who also objected to the project of the Meld Railway, but Mr. O'Malley also here stated, that, according to the practice of Parliament, these petitioners could not be heard. There was not a single prece dent throughout the whole of the decisions of the several Committees in which the promoters of a railway not yet formed were allowed to appear as opponents to any project which did not directly and immediately affect their interests. Where two companies were competing for the supply of a certain district, they were the natural rivals of each other, and of course entitled to appear. Where the works of a projected line interfered with the works or with the land scheduled to any other company, that company was certainly entitled to appear; but even then its directors were only to be heard as landowners, as had been decided espe cially in the case of the Syston and Peterborough Railway. After some consideration the Committee decided that the Chester and Shrewsbury Company could not be heard, but that the landowners on the line were legitimate opponents. Mr. Oakley gave evidence generally upon the quantity of coal contained in the district, and stated that he hitrself held 1,500 acres on lease, which, according to the calculation of his agent, held more than 232,000,000 tons of coal, and upwards of 140,000,000 tons of ironstone. The Committee adjourned at four o'clock. GROUP XXV. MANCHESTER AND BIRIIIINGIIAM AND NORTH STAFFORDSHIRE 7IINCTION. (Continued from our Afternoon Edition of yesterday.) After some discussion, it was eventually decided that the London and North •Western Company had no locus standi in show the ing works were pr Opposition to the preamble. the eltdeence was then adduced on behalf of the promoters of and, after the examination of several witnesses to . tr a ffic which might be expected, that the engineer acticable, and that the estimates were PF,CTSTON, 7!a.f. Lie preanibie 01 1110 Some of the damn were then agreed tc, tee adjourned till Friday next. proved. TAUT El SDA Y EVEN I N CT, MAY 13, 1847 sufficient for its construction, the room was cleared, and on our re-admission, The CHAIRMAN announced the GROUP XXVI. This Committee resumed this morning the consideration of the merits of the NORTH sTerronasaxam (CHVRNET VAL LEY LINE AND TRENT VALLEY JUNC TION). DECISION. Mr. Ricardo, M.P., was examined, and deposed to the great advantage which would result from the construrtion of the proposed line. He stated that it would give a through passage traffic from Manchester to London, and avoid the Potteries, by which two miles would be saved, and thus leave those crowded districts for the goods traffic. Mr. Bidder, C.E., was next examined, and stated that the engineering difficulties were of the usual character, and pre sented no insuperable obstacles. After the examination of several other witnesses, The Committee declared , that the preamble of this Bill was not proved. The Committee then adjourned till twelve o'clock to morrow. GROUP XXXI. This Committee met at the usual hour this morning, in Room 24 ; Mr. Shaw in the chair. SCUMS YORICSIIERE, DONCASTER, GOOLE AND PENISTONE (SHEFFIELD, ROTHER HAM, BARNSLEY, wasEinzuca), HUD DERSFIELM, AND GOOLE PURCHASE). Earl Fitzwilliam gave general evidence in favour of this scheme. A number of other witnesses from the locality of the lines bore testimony to the great benefit the adoption of the scheme would confer on the t ra d e an d commerce of the district through which the several lines would pass, and to the importance which the population of those districts attached to the various railways being placed under one management. The whole of the day was occupied with this description of evidence. GROUP XXXIV. The Committee adjourned at an early hour in consequence of not having received the report of the Commissioners of Railways. GROUP XXXv. The Committee met at twelve o'clock this day in Room D ; Captain Fitzroy, chairman. LIVERPOOL, MANCHESTER, AND NEW CASTLE-UPON-TYNE JUNCTION COM.. PANY. Mr. Sergeant WILKINS replied on belalf of the promoters of this Bill. The Committee deferred giving their decision in the ab sence of the Commissioners' report. The Committee then proceeded to take the PLEETWOOD, PRESTON, AND WEST RIDING JUNCTION, WITH BRANCHES. Mr. SEAGER opened the case for the promoters. The Committee Were engaged till the hour of adjournment in hearing evidence for the promoters. GROUP XXXIX. This Committee met at the usual hour this morning; Lord Charles Wellesley in the chair. YORIC AND NEWCASTLE (HARTLEPOOL DOCH AND RAILWAY PURCHASE). The Committee were occupied the whole of the day with this case. The Bill was for transferring the Hartlepool Junction Railway and the Docks at Hartlepool to the Youle and Newcastle Railway Company, in consideration of the sum of 35,0004 The case was opposed by the Hartlepool West Dock and Harbour Company. The Committee adjourned until tomorrow. GROUP XLI. This Committee met at the usual hour this morning, in Room 22; Lord Seymour in the chair. DUBLIN AND xmominimi. (BELLS AND NAVAN SEANCE). The Committee went through the clauses , and the Bill was passed. The report was ageed to, and the Chairman directed to carry it up to the House. This closed the labours of the Committee. GROUP XLVIII. GLASGOW, AIRDRIE, AND NEONICLAND JUNCTION (COWLAIRS BRANCH). (Continued from our Afternoon Edition of yesterday.) k., - ;Mr. AUSTIN opened the case for the promoters. He stated that the branch in question was only 2t i miles long, but its great importance consisted in connecting the Edi n b urg h an d ,rest line with the present scheme, and granting the for mer company access to the large station to be constructed in the college grounds. Mr. Ewing, a director of the Edinburgh and Glasgow, and Caledonian and Dumbarton, gave general evidence in favour of the proposed branch, as opening up good station room for the former railway. A question was here raised about the locus standi of Mr. Forsyth appearing for the Monkland mineral lines. A discussion ensued, which resulted in the Committee deciding against the appearance of Mr. Forsyth. Mr. Thomas Leadbetter, Mr. Nelson, and Mr. Paterson, of Glasgow, gave evidence as to the accommodation the pro posed branch would give to the cattle and mineral traffic of the Edinburgh and Glasgow Railway. Mr. Ache, the engineer of the line, was examined as to the works on the line. They presented no engineering difficulty, the heaviest gradient being lin 90. The cost was estimated at 71,5001. The Committee adjourned till to-morrow at twelve o'clock, DUTCH AND GERMAN PAPERS THE HAGUE, BUY 9.—The improvement in his Ma jesty's health continues, so that no further bulletins wil be issued. P. F. G. EVERARD, M.D. BECKERS, M.D. THE HAGUE, MAY 10.—We are happy to announce that in consequence of the recovery of the King's health, not only no more bulletins will be issued, bat that his Majesty walked out to-day. The Second Chamber of the States General is to dis cuss, to-morrow, the project of Law on the formalities to be observed in case of the loss of bonds payable by the State. Setting out with the principle that the State should not seek to derive advantage from accidents of this nature, it was necessary to think of finding means of remedying them without exposing the State on the other hand to losses. _ _ RIOTS AT STUTTGARD. MAY 10.—Tumults have broken out in our peaceful city, and the noise of arms and bloodshed fill our s t ree t s . The tumult spread like wildfire from one end of Ger many to the other, not quickly vanishing, making a little smoke, and leaving some ashes behind. But let these ashes be carefully watched, f or t h ey may prove the focus of future conflagrations. We need scarce l y a dd t h at we do not speak of the police, but of th e s kill an d energy of the statesmen. The tumult yesterday differed from the riots in other towns in one essential character. It was not the work of a violent tumultuous excitement, but premeditated. In fact, it was known in the morning that the house of a supposed extortioner was to be attacked. As far as I k now, t h ere was no immediate occasion fur the attack on the house of that man. You have doubtless already learnt the course of events yesterday by some other channel. All is now quiet here, and but for the movements of troops through the city, we should scarcely perceive that any change had taken place. The Govern ment, however, has sent f or cava l ry, i nfantry, and artil lery from Ludwigsberg, to be prepared against all events. A renewal of the disturbances is, however, scarcely to be expected, and it would be fatal t o th e r i o t ers , b ecause they are far ,from finding om finding p ar ti sans among t h e we ll ordered population in general. FRANKFORT, MAY I.—Here, too, ',here have been some excesses against bakers, but they were happily not very serious, and as means are taken to relieve the dis-' tress, there is no reason to feel any considerable alarm. The principal bakers are said to have subscribed 120,000 florins to supply the indigent with breiid at lower prices. and those who are entirely destitute, on still lower terms. The head of the house of Rothschild, too, re solved a week ago to allow all the indigent in this city until the harvest, the sum of sixpence on every loaf which they required, but the District Commissioners have neglected to prepare the required lists to the poor, so that this resolution has not yet been carried into effect. Our much respected second burgomaster has likewise arranged a further distribution of potatoes at his expense. REICHENBACH IN SILESIA, APRIL 27.—Excesses have been committed in our market in which two potato dealers were dreadfully ill-treated. The distress in our parts is very great, adds the Silesian Gazette. In the night of the 4th of May, the town of Murowaraus Gollin, three leagues from Posen, was almost wholly destroyed by fire. The number of buildings consumed is not yet ascertained, happily no lives were lost. DRESDEN, MAY I.—Violent torrents of rain, accom panied by a storm of thunder and lightning, fell here to day, which caused apprehensions that a water-spout had broken at some distance. The Elbe rose very consider. ably on the 3d and 4th. All the meadows on both banks are overflowed to a great extent. G REcE.—We have received letters from Athens of the 25th o f Apr il , w hi c h con fi rm the late notice of the multiplication of the Ministry, Mr. Koletti is said to have promised to the English Ambassador, the latest arrears of interest,' 700,000 francs, and the Chambers to have granted it. Nothing of importance had occurred in regard to the depute with the Porte, the Greek mer chants and captains of vessels are stated not to have experienced any hostile treatment from the Turkish officers.—Algemine Zeitung. 'IRE AT THE MACINTOSH WATERPROOF FABRIC MANUFACTORL—About twenty-five minutes to five o'clock on Sunday morning, the policeman, who was on duty in Cambridge-street, discovered a fire proceeding from the lower part of the cellar of Messrs. Macintosh and Co.'s waterproof fabric works, in that street. Intimation of this fact was con veyed by him to the station ; and Mr. T. Rose, accompanied by his father, the whole of the fire brigade, and four engines, at once proceeded to the works. On arriving there, it was found that the India rubber stored in a vault communicating with the cellar was on fire, and that several of the men in the employ of Messrs. Macintosh and Co. had attached a pipe to their own force - pump, and were pouring water on the flames. Two engines were speedily geared and got into play, and, after three-quarters of an hour's exertion, the fire was com pletely extinguished, without having extended beyond the vault. The damage, it is supposed, will amount to about 150/. or 2001. The overflow of the Medlock is said to have been the cause of this fire. The water, having forced its way into the lower part of the premises, came into contact with some chemical substance or liquid used in the prepara tion of the waterproof fabrics, causing ignition, and the flames spread to the India rubber, of which there were several tons in the vault. The flood in Little Ireland was at this time so great that some of the people who went to assist in working the engines had to swim across it: Express. ST. JAMES'S THEATRE.—Her Majesty and Prince Albert, attended by the Hon. Mi s s Stanley, the Hon. Miss Dawson, Lord Water ark the . Hon. Colonel Phipp s , . and t h e Hon. Captain Gordon honoured the French P la y s wit h their presence last evening'. His Serene Highness the Prince of Leiningen accompanied the Royal party. STATE OF MEXICO. MEXICO, APRIL I.—The revolution which was pro claimed here by the National Guard on the 27th of ,•: ,4 of atio vice-presta. ; Gomez Farias, who held the latter office, to be immediately removed, and the executive power to be confided provisionally to Senor Pena y Pena. Towards Santa Anna the dislike of the Moderado party, who attempted the revolution, is quite as great as to Gomez Farias, and their fears much greater, but they considered him to be engaged in a hopeless expedition against the Americans in Saltillo, from which he might possibly never return, and they therefore treated his claim to the Presidency with little ceremony, leaving him simply the title of Commander-in-Chief of the army. Santa Anna's ingenuity in converting his repulse at the Angostura into a victory soon convinced the Pronunciados, however, that he was not to be thus easily disposed of, and, as the Congress showed no disposition to dissolve itself at their bidding, while the regular troops under Rangel remained faithful to the Government, they found it prudent to lower their tone And, remodelling their plan, announced as its sole object the deposition of Gomez Farias. Santa Anna, on his march to San Luis Potosi (to which place he found it necessary to retreat after the battle of the Angostura), received intelligence of these disturb ances, and fully comprehending their tendency as affecting himself, wrote in the strongest terms to Gomez Farias, exhorting him to hold out until troops, which Santa Anna promised to dispatch immediately to his assistance, should arrive here. He protested, further, that if the insurgents were not punished in the most eßemplary manner, he would himself leave the country, considering it no longer habitable if the laws could be violated with impunity. There is some thing ludicrous in this language from a man whose whole life has been a series of insurrections, and the Pronunciados, estimating it at its proper worth, lost no time in communicating to him their modified plan, backed by those arguments to which he is known to be most open. The effect was immediately perceptible in a fresh series of communications from him, to the Government in cool, and to the Pronunciados in very friendly terms. Com plying with the invitation of Congress, he announced his intention to assume the Presidency, by which the obnoxious individual (Gomez Ferries) would be legally got rid of, and directed that hostilities sh . ould cease until his arrival. Many and anxious were the delibe rations of Gomez Farias, and his party the ultra de mocrats, or, as they are now termed Puros, on the re ceipt of this unexpected intelligence; but they had no alternative but submission, as their military supporters acknowledged no orders except Santa Anna's. The young gentlemen of the National Guard, called by the mob "Polkas" with (reference to a well-known dance, not to the President of the United States), on the other hand, were highly elated. Both parties maintained their position, and though the streets continued barricaded, and business of every kind suspended, the firing ceased until Santa Anna arrived at Guadaloupe on the 22d ult., and, having taken the oath as President before a com mittee deputed by Congress to wait on him, made his entry into this city and established himself at the Palace as the head of the Government. the dissensions of Moderados and Puros (the Conservatives and Radicals of Mexico) have termi nated for the present in the elevation of an indi , vidual towards whom both parties entertain feelings of dislike and distrust ; and it is one great proof of Santa Anna's superior energy that, in spits of those feelings, his presence seldom fails to produce submis sion. The clergy, whose money and influence con tributed largely to the recent change, have obtained from Santa Anna the repeal of the late law for the sale of church property. The church must, however, suff,:r. Santa Anna has obtained from Congress authority to raise 20,000,000 of dollars, and from no other source than the ecclesiastical coffers can any efficient aid be obtained. Forced loans are proscribed as dangerous and ineffi cacious ; taxes are slow in operation, and tend to ex asperate the classes on whom the pressure of the war chiefly falls ; Mexican credit in foreign countries is a jest. The clergy must, therefore, consent to sacrifice a portion of their property ; and this conceded, the ques tion becomes merely an arithmetical one, Santa Anna endeavouring to extract as much, and the reverend body to give as little as possible. Changes of Ministry have become so common here, as to be scarcely worth record ing. Latterly, Gomez Ferias could find no one to accept those appointments, and was obliged to dispense with the assistance of a Cabinet. Santa Anna has, however, succeeded in forming a Ministry of rather a respectable character. The War Depart ment is given to General Ignacio Gutierrez, that of Foreign Affairs to Senor Baranaa, Justice to Senor Suarez Iriarte (a remnant of the Puros party), and Finance to Don Juan Rondero. The last appoint ment is the only one which will excite any interest in England. In peaceable times I should consider it favourable to the bondholders. Senor Rondero has never before been in office, but few men here are more deeply versed in the abstruse mysteries of Mexican finance. Originally a military man, he retains fob" traces of that profession, and has long been closely con nected with the moneyed interest, which he may be c;)n sidered as representing in the present Cabinet. For a Mexican, he is unusually sensitive on the subject of credit, and en the whole I do not think Santa Anna could have made a better selection. _ A note of woe is heard from Vera Cruz. That city, styled " the heroic," as well as the strong castle of San Juan de Ulloa, are said to have fallen into the hands of the Americans, after a few days' bombardment by General Scott. As yet it is difficult to learn here any particulars of the surrender, but the public dejection is evidently very great. The forces of General Scott arrived late in the season on the coast. The deadly scourge of the vomito appears generally in the present month; and he has now not a moment to lose in pushing his way to Jalapa, which he will perhaps not do without opposition. Peurto Nacional and Plan del Rio have to be passed, and both present natural obsta cles to the march of an army. The former has some forti fications, which have been thought impregnable by the Mexicans, but fatal experience has shown that they are not likely to prove so- to the Americans. Attacking or attacked, the Mexicans seem fated to be defe ited. The battle of the Angostura was fought chiefly by American volunteers, who are described in a letter from Saltillo as a most undisciplined rabble ; yet Santa Anna, at the head of his chosen troops, much more than double their number, was compelled to re treat before them. Already some indications of what is likely to occur have been shown at Santa Fe, near Vera Cruz, where General Romulo de la Vaya at tempted an attack on an American outpost, and was immediately abandoned by his troops. This officer has acquired an inconvenient sort of reputation by his con duct at Resaca de Guerrero, where he allowed himself to be made a prisoner, instead of running away, like the rest, for which Congress voted him a gold medal, and the most extravagant expections are entertained of his future exploits. Santa Anna has obtained per mission from Congress to resume the command of the army, and - now goes to undertake the most dan gerous of his campaigns. Of the 25,000 men as• sembled at San Luis Potosi previous to the battle of the Angostura, probably not more than half are now in the ranks, and a part of those must be left to garrison San Luis. With national guards, militia, and volunteers, Santa Anna may be able to oppose about 15,000 men to General Scott, in the neighbourhood of Jalapa. Notwithstanding the dislike which Mexicans entertain towards all foreigners, and the tenacity with which every offer of peace from the Americans has been rejected, there is little show of war like enthusiasm here. Every Mexican, indeed, asserts that the war must be continued; but few are inclined to take any personal share in the contest, and still fewer to contribute to its expenses. A party, too, exists who desire the subjugation of the country, not from any love to a foreign yoke, but from disgust at their own internal dissensions, and a convic tion of the impossibility of their establishing a perma nent Government amongst themselves. This party, under the mask of patriotism, will continue to augment the obstacles to peace, in order that the Americans may be forced to convert their invasion into a conquest. In the northern provinces the war has already taken the latter form. The capital of the State of Chihuahua has been occupied by eight hundred Ameri cans. They were met (I cannot say opposed) by at least 3,000 Mexicans, who abandoned the field in receiving one volley of artillery. This little band of ad venturers is now threatening the populous capital of Durango. A strong American squadron has arrived at Acapulco, and there can be no doubt that all the Mexi can ports on the Pacific will fall, like these on the At lantic, into the hands of the United States. Santa Anna has been authorised by Congress to name a deputy-president during his absence, in order to ex , elude Gomez Farias from a return to power.— Tines. STATE OF TRADE. Thus MANCHESTER, MAY 11.—Since Friday there has been no improvement whatever in the state of our mar ket. -Both kpinnervand manufacturers show a disposi tion to accept lower prices than they were asking last week ; but buyers are not to be tempted by any concession in prices to enter into operations of magnitude, and confine themselves entirely to such purchases as are necessary for the supply of immediate wants. The amount of business done is consequently quite insignificant. We hear that reductions of wages are taking place in some parts of the neighbourhood, but have not been able to collect any precise information on the subject. The hands of the three mills which s t oppe d last week, in consequence of a proposed reduction, continue out. ROCHDALE, MA L 10.—There has been very little business done to-tit in flannels, very few buyer s e hav ing atte n d e d, an d p i eces are very l ow . I n wool there is little doing, and prices stationary. resent difficulties a marketvleirrryDDlepllrSeFslsEeLdD,stMatAe,valnld.—hOuutrfew. ssales s c on havetinn e h s ee in n effected. Some parties conceive our 'present purposes, and to be the drainage of money others to the exorbitant at the g but all parties seem alarmed A fair amount of busi ness London markets. in yesterday's pr i ce fo p r ro r vi r s e io a n t s ad a v rLa c t e ta in in c i o n g rn ; LEEDS, MAY 11.-I'v e has been doing than for some is doing among ourwoolhsatedplearns. market to-day, and less . time pest. the approach of yet severer exceedingly still d for business. — have already witnesse times than we sions in geneTr The le, fearful rise of . bread stuffs and provi- Manchester Guardian. THE GuN COTTON.—A course of experiments, to test the relative strength of this explosive material with that of the best ordnance gunpowder, has just taken place at the Holyhead Mountain, Anglesea, the Holland slate quarries in Merionethshire, and at the Hon. Colonel Pennant's slate quarries, .Penryhn, and the results show that the saving by the use of gun cotton is at least thirty per cent.; added to which the great advantage, that the miners, by its means, are enabled to obtain the most enormous blocks, and th is with little or no waste. LAW INTELLIGENCE. COURT OF COMMON PLEAS, May 12. (Sittings at Nisi Prius, before Mr. Justice COLTMAN and CCmitnoll .T iint: , ..ts L . C., Mr. H. Hill, and air. Ferrer ap- Peared for the plaintiff; and Mr. Sergeant Byles and Mr. Ogle for the defendant. This was an action brought under the recent statute, the 9th and 10th Victoria, c. 93, for enabling compensation to be given to the families of persons killed by accident. It appeared from the evidence of the witnesses called that the plaintiff fills a very humble condition of life, and that his wife, Jane Barnes, was a charwoman, going out to char and wash, and able to earn from 2s. to 3s. a day by her labour. The plaintiff and his wife had three children, the eldest a boy of 14 years of age, who was in service and able to earn a little towards hi s own suppor t, an d two g i r l s of the respec tive ages of 10 and 7 years, who were at home under the ca re of the plaintiff and his wife. One evening in October last the plaintiff's wife, her sister, and the two children went to the Paddington railwziv station to wait for a niece, whom they expected, and whilst waiting had some refreshment in the shape of a quartern of gin and a glass of ale, which was shared amongst the four, the value of which was Bd. On their way home from the station with the niece they went along a newly-made street, called Victoria-grove-terrace, communicating between Bayswater -road and Moscow-road. This street was unlit, and the houses in it unfinished, but some evidence was given that the road had been used as a publfc pathway for twenty-five years. When near the house No. 9 in the terrace, according to the evidence of the sister of the plaintiff's wife, the niece dropped her cuff, and she turned round to assist her to look for it. and on turning again the plaintiff's wife wan nowhere to be seen, and they eventually found that she had fallen down an unguarded area before the house No. 9, be longing to the defendant. On being taken out, it was found that she was dead. A post mortem examination did not lead to the inference that she was intoxicated at the time. The area had been boarded up a few weeks before, but was then left wholly unguarded. The present action was brought under the above-named statute for damages to the plaintiff and his children, for the loss he had sustained by the death of his wife, owing to the negligence of the defendant in leav ing open and unguarded this hole near a public footway. On the part of the defendant, Mr. Sergeant BYLES took several technic it objections to the form of the declaration, which, after argument, were amended. He also contended that the defendant had a right to dig holes in his own land, and that lie was not bound to fence them round to protect the public, bat that this duty fell upon the owners of the public or private footway. He quoted " Trawrer v. Chad wick," 6 Bing. N.C., p. 1, in support of his argument, and " Itapson v. Cubitt," 9 M. and W. . Mr. CHAMBERS, in reply, relied upon " Quarmur v. Bur nett," 6 M. and W., and "Burgess v. Gray," 1 C. 8., p. 578, and contended that it was the duty of a person digging holes near a public footway to guard them. Mr. Justice COLTMAN said he was under considerable doubt as to the point, but should direct the jury that the plaintiff was bound to erect a fence if the area was abutting upon or reasonably near a public footway. Mr. Sergeant BYLES then addressed the jury for the de• fendant. The defendant, he said, deplored the accident as much as any one ; but the jury must give the plaintiff justice, and not vengeance. Ile then contended that the road was a mere private or occupation road, up which the plaintiff's wife had no business to go, and that the accident was there fore not the defendant's fault, and that the defendant would not therefore be liable; that the woman had been drink ing, and her death was the result of her own state and neg ligence. His LORDSHIP, in summing up, directed the jury to consi der whether or no there was a public footway near these houses, or whether or no the road was a mere occupation one. Also whether the area abutted upon the footway or was so near to it as to make it dangerous, if unprotected, to the public passing- along the footway; and whether the negligence of the plaintiff's wife led to the accident. They would then consider what da:nages they would find if they found for the plaintiff on these points, and what rea sonable compensation should be given to the plaintiff fur the loss of his wife, who contributed towards the support of himself and family. They would also say what portion of the damages should be awarded to the husband, and what to the children. The jury, after a short absence, found a verdict for the plaintiff'—Damage:, 3001. They found that there was a public footway abutting the area. The damages they di vided-100/. to be given to the plaintiff, 75/. each to his two daughters, and 501. to the boy. The jury also expressed a wish that the money given to the children should be secured to them. His LORDSHIP—We will consider how that can be done. The Act does not provide and• means for that, in which it was defective. Leave was then given to Mr. Sergeant Byles to move for a new trial on the objections he had taken, which were overruled by the Court. BLOOMSBURY COUNTY COURT, May 12. (Befire EDWARD rUBOIS, Eaq.) SIMPSON V. CLONE. The plaintiff in this case, a general draper carrying on business on " the talley" system, sought to recover the sum of 12'. 19s. 11d., the value of various articles of dress alle t „ed to have been sold to the wife of the defendant in the early part of the year 1842. The defendant denied all knowledge of the debt. Whether or not his wife might have contracted it in his absence he could not.say, but he had no reason to believe that sl,e had ever received the articles alluded to. Richard Adams, who attended for the plaintiff, stated that he was a collector to Mr. Simpson. About five years ago a person representing herself to be the wife of the defendant called upon the plaintiff, and requested him to send various shawls, gowns, &c., amounting to 12/. 9s. 11d. The goods were left at the residence of the defendant by the witness, and the Wife agreed to pay the sum in weekly instalments. Mr. Duaois—What, Sir ! Do you mean to say that your employer supplies goods to the value named without the sligiaasst security for payment ? Witness—No, Sir. We put Misir names in a book, and then make inquiries as to their character. Mr. Dinsois—And, it appears, leave the goods without regarding the result of the investigation. is Mrs. Clone present ? Defendant—No, Sir. She has been dead upwards of twelve mouths. The plaintiff stated that if the case could be adjourned, he would be enabled to bring forward a witness who could prove that the debt had been admitted by the defendant and a time appointed for payment about three years since. The proceedings were accordingly adjourned. THE LATE ARCHDUKE CHARLES OF AUSTRIA. The Journal des Debats presents the following me moir of this prince :—" Austria has just lost the greatest of her military glories, one of her most beloved princes a man of worth, whose death will excite universal regret in Europe. " The Archduke Charles died in Vienna on the 30th April. He was born the sth September, 1771 ; he was consequently in his 67th year. Carried away by a de cided vocation for the profession of arms, the Archduke Charles, in 1793, at the early age of twenty-two years, was entrusted with the command of the vanguard of the Prince of Coburg. In this campaign, and that of the following year he distinguished himself by services so brilliant, that in 1795 he was appointed to the command of the Austrian army, then operat ing on the Rhine. As Commander-in-Chief he had the honour of vanquishing Jourdan and compelling Ge neral Moreau to make that famous retreat, which forms perhaps the most brilliant episode in his military career. At the same time, whilst the Archduke was obtaining such signal triumphs on the banks of the Rhine, the Imperial armies were destroyed in Italy by General Bonaparte, who was then carrying on his first campaign in the capacity of Commander-in-chief. Summoned to Italy in order to repair the disasters of the Austrian generals, the Archduke found nothing but disorganized remains. He struggled, however, with firmness and fortitude ; and if he was compelled to retrograde as fur as the plains of Campo-Formio, he nevertheless gave evidence, i❑ the course of this campaign, of talents that gained him the esteem of Napoleon. " After the rupture of the peace of Campo Formio the Archduke Charles was once more called to take the com mand of the Austrian army on the banks of the Rhine. He then took part in the operations of the Russian armies which were destroyed in Switzerland by Massena. The Russians after wards accused him as the cause of their reverse; and the Cabinet of St. Petersburg, seconded in Vienna by a party which already dreaded his glory and popularity, obtained his recal. Events, however, were not long in avenging him. After the battle of Hohenlinden, when the victorious armies of France no longer saw any obstacles before them, and were preparing to invade the territories of Austria, the Court of Vienna was too happy to recal the disgraced Archduke to active service. On the conclusion of the peace of Luneville (in 1801), the Archduke Charles became Minister of War, and displayed, in this new capacity, an activity and talents which restored to Austria a finer army, perhaps, than any she had ever before possessed. In 1805 she thought herself in a position to resume hos tilities against France ; the third coalition was formed, and the Archduke, at first despatched to Italy, was soon recalled thence after the fatal battle of Austerlitz. After the peace of Presburg, being charged once more with the re-organisation of the armies of Austria, n _ . b op posed, to the utmost of his power. but u arra fo s rtun w e ahtieci yh without success, the resunsptioen of dreadful disaster drew down upon Austria u the commanded the of Wagram. It was and it Imperial army in that A frien of France was the last act of his militaryF of Napolean—full of memorable campair, a er at heart—a passionate adorn piprosed to all the coalitions a just distrust of Russi:— h Freneb)—a, sufficiently dear directed against us (eanitvdineemathnadtedthferofrmuiGtseorfmaalnl ythewosau sighted politician s t t guinary sacrifices t eventually turn othehe advantage of Russia—disgusted, intrigues the Absolutist party in in s hort, by all Austria never ceased to raise a . in against him, the Archd u k e Charles quitted active service in 1809, and after th a t pe riod always lived a retirement which was incessantly embellished and animated by glory, popularity, and s tudy. The Aachduke Charles is the author of severa l w orks on the art of war, which are highly est eeme d b y all competent j ud g es. Married to a princess of Nassau, the Archduke Charles has left four sons, of whom one, the Archduke Frederick, is a captain the Austrian navy, and two daughters, the elder of whom is now Queen of the Two Sicilies. DEATH OF MAJOR- GENERAL THOMAS FRYERS.-- Major-General T. Fry e rs, cf the Royal Eng ineers , exp i red y es terday ' at his residence in Woolwich. Th e d eceased officer had just completed 47 years of active service, having entered the corps as Second Lieutenant on the 2d of May, 1800. His subsequent promotions are dated a s f o ll ows : First Lieutenant, 1 8th April, 1801 ; Captain, Sept. 21, 1805; Brevet Major, August 12, 1819; Lieut.-Colonel, March 23, 1825 ; Colonel, Jan. 10, 1837 ; and Major-General, Nov. 9, 1846. He was a Peninsular officer, having served in the me morable campaign at Corunna. IMPROVItMENTS IN TllB TOWER Or LONDON.— Yesterday the entire row of houses on the right leading from Traitor's Gate on to the Chapel -green were demolished, as also the old guard-house on the west side of the White Tower and the adjacent buildings; the ground occupied by them to be levelled and added to the Tower-green, which is now approached by a noble flight of twenty stone steps forty feet in width, having battlements of Kentish ragstone. The whole of the houses on the west side of the fortress are now cleared away, including the old Map-office. The new build ing, on the site of the Armoury, destroyed by fire in October, 1841, is nearly finished. Yesterday a Court of Directors was held at the East India House, when Major-General Sir John Hunter Littler, o Littler, K.C.8., was appointed a Provisional Member f Counoil of India, RAILWAY SHARE MARKETS. LIVERPOOL, MAY 12. STOCK EXCHANGE.-The market for railway stock is better to-day_ 11 , -P q•-onrt of gr , l -North fern and LUG bilieb of which were rather premed. The sales are-Birkenhead, Lancashire, and Cheshire, 1:% dis.-East Lincolnshire, New (scrip), Is. 3d. dis.-Edinburgh and Glasgow, 70-Leeds andThirsk, 5 3 % dis. -Ditto, Preference, 3s. 9d. p.-Liverpeol, Crosby, and South port, 3 4p.-London and North-Western,l6B%-Ditto, tars (L. (L and B.), 14% p.-Ditto, New Quarters, 9, IN - "' London, Manchester, and Birmingham, Quarters ( B), 5 13- Manchester and Leeds, 32/. Shares (late Extension), Ni Ditto, Fifths (late W. R. U.), par-Manchester and Souths ampton, 1 1 /s dis.-Midland, 113%-Ditto, 401. Shares, 2% -Ditto, New, 1 3 / 4 p.-Newcastle and Berwick, New, 1 5 sii p. -North Staffordshire, p.-Shrewsbury and Birming ham, 3s. 9d. dis.-Shropshire Union Railway and Canal, 38s. 9d. dis.-South-Eastern and Dover, No. 4, % South Yorkshire, Doncaster, and Goole , 1 dis.-Yorkd an Newcastle, Preference, 2% p.-Dublin and Drogheda, 16154 -Ulster, 9 p. MANCHESTER, MAY 12. STOCK EXCHANGE.-The sales are--Ambergate, Notting: ham, and Boston, 1% dis.-Birkenhead , Lancashire, and Cheshire, 134 dis.-Birmingham and Oxford Ju nction, 6% p.-Blackburn, Clitheroe, &c., Preferentials, 11-16 c- on, East Lancashire, New (scrip), 1 / 8 dis.-Fleetwood, Presi and West Riding, 1% dis.-Huddersfield and Manchester Railway and Canal, % dis.-London and North Western ( Manchester, and Birmingham), 6534 -Ditto, Quarrers,cl3,?' 5 1 A p.-Ditto, ditto (C), 5 1 / s p -Manchester, Buxton, a"' lock, and Midland, dis. -Manchester and Leeds, 32/. Shares (late Extension), lA p.-Ditto, Fifths (late West Riding Union), 1-16 p.-Manchester and Southampton, 11,4 North Staffordshire, 1% c. D.-North-Western, 1 1 C• A dis t i - Oldham Alliance, 1 4 dis.-Shropshire Union, 2A • South-Eastern and Dover, No. 4, 5-16 dis. LEEDS, MAY 12. STOCK ExcitArrow.-The sales are-Ambergate,Nottint ham, and Boston, 295. n. dis.-East Lancashire, Nevigest n. Ditto, New (scrip),dis.-East and , Yorkshire, 1 1 h dis.-Leeds and Bradford, 43 Dewsbury, Halves, 7s. n. dis.-Leeds and Tbirsk, 6 1 4 dit" Ditto, Preference, par-Leeds, Wakefield, and Midlands'zY!. dis.-Malton and Driffield Junction, 158. n. ManCheiStttZ and Leeds 32/. Shares (late Extensions), 2s. 6d. P,,PI an d p.-Leeds sou West Riding Union, par- Manchester, Buxton , Mai.l °c Ti os sh Midland, 7s. 6d. dis.-Midland, Preference, 345. c• P's_Thittor % British, Quarters (late Carlisle Branch), 125. 6d. p• n. Extension (scrip), Is. p.-North Staffordshire, 1 North-Western, 38s. die. HULL, MAY 12. , STOCK EXCHANGE.-The sales are-Ans w ergaw, -- • a cn ham, and Boston, 235. 6d.-East Lancashire, New %e. 3s. 6d. dis.-London, Brighton, and South Coas t ' pp Is p.-Manchester u ion) ► l g • and Leeds (West Riding n. r i n j -North British, Quarters, 595.-Ditto, EXIIOIIOII VIC 2s. p.-York and Newcastle, New, 4 p. SHEFFIELD, MAY 12. e 'goal° - Fittaeat n- t STOCK EXCHANGE.-The sales ar Ambergaie, - g ham, and Boston, 1 1 A dis.-East Lincolnshire, 13ii Manchester and Lincoln Union, 295. dis.-Manchesteer au" fd e ld, Leeds (West Riding Union), par-Mancbester, Sl e ' id an d and Lincolnshire, Eighths, 2% dis.-Ditto 'D.-- (SLl efa e eds, Lincoln), 33a dis.-Wharfdale Junction, IA Wakefield, and Midland, 1 dis. EDINBURGH, MAY 11. 1716 STOCK EXCRANGE.-The sales are--Aberdeen, 2 „ 6 , 1.-Airdrie and Bathgate, 3/. 143.-Arbroath and r s uu ss : 27/. 15s. -Ditto, Halves, 15/.-Ayr and Galloway, 11. lva , _"'s -Caledonian, 24L-Ditto, New, 1/. 18s.-Caledonianos.au: Dumbartonshre, 11. 145.-Clydesdale Junction, 424 1 asl Deeside, 3/. 55.-Dunblane, Doune, and Callender, a 7 1' 50 r ... .; -Dundee and Arbroath, 421.-Ditto, New , S t). It 6d. Ditto, New, No. 2, 301.-Ditto, New, No. -Dundee and Northern Junction, 11. 103.--Dun d s e ,2 iss, Perth, 30/. Ms.-Ditto, New, 12/. -Ditto, Quarters, -East of Fife, 2/.105.-East Lothian Central, 1/. 195: Edinburgh and Bathgate, 6/. 17s. 6d.-Edinburgh and ( Il i % 3,4 L 78. and gow, 70k-Ditto, Halves, 221. 55.-Ditto, Quarters, 10s.-Edinburgh, Leith, and Granton, 181.-Ditto, Pre!eri% ence, 20/. 10s.-Ditto New, 21. 78. 6d.-Ditto, N ew s 5 I ls.-Edinburgh and 'Northern, 171. 55.-Ditto, -Ditto, Newport, 61. 17e. 6d. - Ditto , ditto, New, livitto, 6d.-Edinburgh and Perth (New Co.), a 189 ' -- Ne Halves 11s. 6d.-Glasgow and Ayrshire, 11g-Dittej ._tet Stock, 35/. 10s.-Ditto, Halves, No. 1,8/. 155.-Ditto, No. 2, 35.-Glasgow, Dumfries, and Carlisle, 5L -Glasgow and Garnkirk, 39L -Glasgow General Tern?, 1 7 121. 55.-Glasgow and Greenock, 16/.-Ditto, Halves , 8 L, 1 .. 55 , -Ditto, Preference, 8/.--Glasgow, Kilmarnock, and A T IT-. sun, 10s.-Great North f Scotland, 2/.-Great No ontaesli (late Direct Northern), 21. 9s. 6d. -Ditto (late Lond4ll, York), 2L-Newcastle and Berwick, 24/. 15s.Nor ti !,. P 2s. tish, 301. 155.-Ditto, Halves, 14L-Ditto, Quarters,.t -Ditto, New Quarters (scrip) , 19s. 9d.-Ditto, Th 12 or6d. Ios.-Ditto, Fifths. 6/. 155.-Scottish Central, 2. -Scottish Grand Junction, IN.-Scottish Midland, 19/. lUs asd Shrewsbury and Hereford, IN.-Shrewsbury, Oswestrybauir Chester, 10/.-Ditto, New, 11. Is. 6cl. -Stirling and if fermline, 3/. 55.-Stirling and Midland, 2341 55--"Wnisibtssa and Coltness, 49/. 58.-York and Newcastle, . 10s.--"-- b " New, 14k IN.-Ditto, Preference, 6/. 10s.-Direct 1311-gf Si N or i s iore, and Madras, 2s. 6d.-East Indian, 2s. 6d.-Grea t India, 35. - Great Southern of Madras, 25.-Maus - e and Arcot, Is. 6d. GLASGOW, MAY 11. STOCK Excmasrms.-The sales are-Caledonian, N e w, 38x•Cen 6d.- Dundee and Perth, Quarters, 603.-East Lothlall tral, 395. 6d.-Edinburgh and Glasgow, 701.-Edinburgh i es , and and Perth (New Co.), 38s. 6d.-Glasgow, ek es' Carlisle, 51/5-Kilmarnock and Ayr Direct, 23x. - -Man 9 d• ter and Southampton, 9 s. 6 d. - North British , Th irds, 495. v Dunsfr I SPORTING INTELLIGENCE TAT I'ERSALUS—WEDNESDAY. The Derby betting, although extremely flat,.was not unim portant, inasmuch as it brought Planet and Bowstring pro minently into notice, and sent Mr. Martin, if not altogether out of the market, at least out of anykind of favour; the odds - quoted being quite nominal. Van Tromp also gave way; and for the Oaks, as much as 10 to 1 was laid a g ains t the Fa rmer's Daughter. These were the only movements of any conse quence. DERBY. 7 to 4 agst John Day's lot 13 to 2 agst Kent's lot—taken freely 5 to 1 agst Mr. Pedley's Cossack 5 to 1 agst Sir R. Pigot's Conyngham 9 to 1 agst Lord Eglinton's Van Tromp—taken to 1501 11 to 1 agst Mr. Mostyn's Planet—taken 20 to 1 agst Mr. Mostyn's Mr. Martin 25 to 1 agst Lord Caledon's Wanota—taken 25 to 1 agst Mr. Bouverie's War Eagle—taken , 25 to 1 agst Mr. Fuller's Oxonian—taken 25 to 1 agst Mr. Mostyn's Glentilt 28 to 1 agst Sir R. Bulkeley's Montpensier—taken 33 to 1 agst Mr. Gully's Mathematician 35 to 1 agat Duke of Richmond's Red Hart—taken 35 to 1 agst Lord Stanley's Bowstring—taken 1000 to 15 agst Mr. Osbaldeston's Retort colt--taken 1000 to 15 agst Mr. Merry's Limestone—taken. 1000 to 10 agat Mr. A. Johnstone's Ulysses 2000 to 2 each agst Allertonian and Tantivy oAKs. 4 to 1 agst Mr. Payne's Clementine 8 to 2 agst Mr. J. Day's The Farmer's Daughter EPSOM RACES.—We are glad to state that Sir Gilbert Heathcote has, with his usual kind feeling, allowed a portion of his park poles to be removed, which will enable the Derby horses to be pulled up within his paddock; this will 1 0 doubt prevent a recurrence of the accidents which hav e day when frequently taken place at Epsom a t the finish of a race, and recently on the Metropolitan , two horses ran away down Chalk-lane, only having prey% ously thrown his rider, who was seriously hurt. and ras.t . i. through Epsom town, by the Spread Eagle. (We trust ts 4 permission will not be confined to the Derby). The got. impro ve is in first-rate condition, owing to the judicious meets, made by Mr. Dorling, during the last two wintert a great expense to the fund. The Betting-room, at Lunl e e la Spread Eagle Inn, will be open as usual. There will b . Express-train to ,Sand from London -bridge, on Fria Saturday, Sunday iMonday mornings, at five o'clock. BETTING AT MANCHESTER--TUSSDAY. k, DEBBY.-5 to 1 agst Conyngliam, sto 1 agst C°lissc oto 1 agst Van Tromp (taken freely), 15 to I agst Mont -20 20 to 1 agst Mr. Martin (offered), 25 to 1 agst "T as , spoentosieir, agst s tto 1 nog(B t t ), A s l o at t h o em l aagtisctiaGno,a3dOctaoinl(agos.t Oxon Wit 0A1" ,s.-5 to 1 agst The Farmer's Daughtr. s ae, Clementine, 14 to 1 agst Lady Lift, 16 to 1 agst Dllerd 20 to 1 agst Maid of Motherwell. vols., is published EVELYN HA author of " T be had at all the libriasrieasy. flare Rc th o . uß d T, a novel, by Mrs. Gascoignef emptation, or a Wife's Perils," ate , 4 " vr bk r 3. i c r. . 0 i C b o o l r b a u rn has, aanl also tit Just ; b.. lisited the following popular novels :-2. The Three Consol" by Mrs. Trullope, 3 vols. 3. The Story of Lilly D 4 The by Mrs. Crowe, author of "Susan Hopley," 3 vols. 4 . ''' . l. Romance of War ; or, the Highlanders in Spain, by d Grant, Esq., late 62(1 , Reg., 3 vols. 5. Temptation any Atonement, by Mrs. Gore, 3 vols. 6. Marston, by the Be i G. Croly, L.L.D., author of " Salathiel," second editionA,A vols. 7. Emilia Wyndham by the author of "Two Vl' Men's Tales," " Mount Sore .I,'&c., 3 vols. OXFORD, MAY 12.—At a meeting of members of Convocation, held this afterno on, it was resolved—" Th a t the Right Hon. William Ewart Gladstone having consented to b, put in nomination as a candidate for the representation.ol this University in Parliam ent, this meeting considers hel a tit and proper person to represent the University,, an pledges itself to use every exertion to cure his return.' On the sth inst., at Troston, Suffolk, Mrs. Robert Rod. well, of a son. On the 7th inst., in St. Bernard's-crescent, Edinburgh, the lady of James Stevenson, Esq., of a son. On the 7th inst., at Everton, Lancashire, the wife of F. ge Couder, of a son. On the 7th inst., at Bendfield Cottage, Stansted-gont fichet, the lady of B. Harvey, Esq., of a son. On the Bth inst., at Hawley-road, Kentish-town, Mr& G• Winter, of a daughter. On the 10th inst., at Ripple Hall, Worcestershire, Mrs. John Dowdeswell, of a son. MARRIED. On the 12th inst., at Streatham Church, by the Rev..„..); R. Nichol!, M.A., Rector, James Pearce, second son of W. Allen, Esq., of Porchester-terrace, Bayswater, and Save: Oaks, Kent, to Mary Anne Fanny, eldest daughter of Ilenu Butterworth, Esq., of Upper Tooting, Surrey. On the sth inst., at Trinity Church, Portsmouth, Louis A. Armit, of the oyal Engineers, to Bessie, daughter of late Major-General Bredin, of the Royal Artillery. lase, On the 11th inst., at All Souls' Church, Langhara-f James Mackenzie, E(q., to Philadelphia, youngest &ugh°. of the late Sir Percival Hart Dyke, Bart., of Lullingsto° Castle, Kent. DIES. On Tuesday last, the 11th inst., at her residence, Lena, York, Mrs. Harriet Wickham, second d aug hter of then t° Henry Wickham, Esq., of Cottingley, in the cou nt y of Yk! On the 10th of March, at sea, on board the Monarch, I his passage home, Major de Montmorency, 65th 1 3 e ll g a Native Infantry, 38. On the 19th ult a . ged , at Madeira, John Boscawen BLonro , Egg' of the Middle Temple, barrister-at-law. On the Bth inst., Lucy, third daughter of the late les ile Payne, of Epping. On the Bth inst., Elizabeth, wife of Robert Stirtee s, of Redworth Pollse, Durham. On the Bth inst., at Belmont, near Exeter,Juliana Lavi widow of the late Rev. Alexander Frederic Merivale. • ask On the 9th inst., in Hart-street, )lark-lane, John Fred Heath, Esq. • b the On the 9th inst., at Blofield Rect or y , near Norwic Rey. John Drew Boton aged 78. On the 9th inst r ~ in , Chester-place, Hyde-park-501113' Amelia Ramsay, wife of William Cowell, Esq, On the 10th inst., in Mornington-place, Herars-- Mr. Joseph Pedley, aged 57. Eleano r On the 10th inst., at Preston Ho use, Brighton, nl. Mary, the eldest child of Alexander Beattie, Esq., -12 11- 1,01,40 e: Printed and Published by MURDO YOUNG. u• rrec inot Strand, Yrinter, at The Sun office, N 0.112, Stranci, lo . t r il4 of the Savoy, in tbe County of Middlesex.Tilo w " r 184,7. • "t • _ p: i