The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1842-04-29 00:00:00

1 HOTEL Tuesda IWYAL HOTEL, CHESTER stations fron► several 11 4CIIUG V{ 14/13 1111.11,. leading Families in the City and Neighbourhood ,he GRAND RACE BALL from TUESDAY to )AY EVENING, R. NlCKSWilaegs most respect mnce that it is fixed to tae place, at the ROYAL WEDNESDAY next, the 4th May, instead of formerly advevtisedj to the Ball Rooth by Tickets, is. each, includ- inz Refreshments. *** An ORDINARY provided, as also a COLD COL LATION, each day, at One o'clock, during the Race Week. IIESSRS NnTJC WM. JACKSON and SQNS HEREBY GIVE that the RATES OF'FREIGEIT between LIVERPOOL and MANCHESTER will be ALTERED nn and after WEDNESDAY, the 2Vth instant. ght and other Charges may be bad at ril 261/i,1842 ' WAREHOUSE 65, CHURCH - STRATI'. A. RD EVANS and Co. respectfully announce to "—ids and the Public,.that their Establishment, 'et, will be vened on SATURDAY next, —uut, with a large end splendid Assortment of FASHIONAPLE SHIRTS, GENTLEMEN'S HOSIERY, GLOVES, SCARFS, &c. THE MIS ..3S JONES, in retiring from business, beg to irn their cordial thanks to those Ladies who have for riod favoured them with their support. And now respectfully solicit a continuance of this patronage 'f of their Friend and Successor, Mrs. lsisos, who, of taste and experience, they feel assured will ..r entire satisfaction. being a pers Mrs. IBISON respectfully intimates that she will have completed her arrangements so as to enter upon the Esta blishment hitherto condulited by the Misses JONES on the 2d of May next, when, being jit possession of their patterns, she rpes to receive the counthnance of those Friends who have steadily contributed to their success, trusting by strict tention to merit continued confidence. In addition to the Dressmaking Department, it is her in pursue the MILLINERY branch of business, a select stock of which will be ready for inspection. N.B.—Ladies own Materials made up. trett, April, 1842. ition to elate the I vlattos Lo EXECUTION AT LISBON e Herald a, or Engi COALS, CINDERS, AND CULM Parliamentary papers have just been published containing accounts of coals, cinders, and culm shipped coastways, and lolled to foreign parts, with the rates and amount of duty rged thereon ; of coals exported from the United King n from the sth of January, 1828, to the sth of January, 2 ; and of coals shipped to foreign countries in 1841, &c. t appears therefrom, that the total quantities of coal, cin i. and culm, so exported to foreign countries and the Bri settlements abroad, amounted altogether to 1,848,294 the gross total export duties which were received eon being £12,015 ss. 6d. he total quantities of coal taken coastways and by inland gation into the port of London during the year 1841 noted to 2,912,738 tons. appears that the total quantity of coals exported sited Kingdom from the sth day of January, sth day of January, 1842, was as follows : Tons. 356,864 371,271 504,412 510,831 588,446 634,448 8, to the Y ears. 615,255 736,060 916,868 1,113,613 1.313,709 1,449,417 1,606,313 1,848,294 APRIL 18.—I scarcely know in what words to ,orrible sight which I witnessed on Saturday. ,o, who in August last murdered a whole family, f three females and a boy, his own near relatives, day the penalty of his crimes. The spectacle of !d to the scaffold must be everywhere appalling : its peculiar forms render it still more terrific; arnstances attendant upon the execution of the victim of offended justice in this instance formed , f horror such as has seldom been seen. The Log, man, barefoot, clothed in a loose white robe, id feet bound with cords, was conveyed in a I by two galley slaves, to the place of execution, ich led past the very house where his crime was Strong bodies of horse and foot opened and mrnful procession, which consisted of the ma ; executioners, the Brotherhood of Mercy, call- In the assembled throng to " pray for the soul rother who is going to suffer," and in the cen- inhappy creature himself, pale and livid as a id drooping on his breast, and his eyes closed. ears past devoted themselves who have for and gratuitous labour of administering religi tion and advice to the prisoners confined in It this city, attended him on his way to the ['he crowd congregated on the occasion was er was seen before in Lisbon ; it was literally mass of living beings. I observed that every I to bear the expression of pity, though )rious Diego Alves, who was hung last year not the least commisseration was evinced as he ga lows. The cause of this difference in public hat Mattas Lobo had all along manifested the ,w for his crime, whi^h the Others never did. )p posite the house where the murders were com- F pea, and the sentence, preceded ion of the crime, was read aloud. The sufferer -e, and then with a convulsive shudder closed , ed his head again. What a train of harrow_ ie glance must have aroused I There nich 11.. i had entered on that fatal night ; h which he had eAcaped ; the blood stains he let himself down that hi et uneffeiced ; in faces that had welcomed their smiling awful part of this sad to be told. Arrived at the place of execution, was led to the ,00t of the gallows, where he minutes in prayer. The - elder of the two me forward and commenced the usual exhorta. couraged him to hope for mercy at the Divine bade him reflect that he had the advantage of precise moment when dea'h, which to so many like a thief in the night, would come to him, and then he dropped down dead himself! The heat under which he stood bareheaded, and the pain nt of the occasion, it i- supposed, brought on a xy. to which it appears he was predisposed. Sur nce was soon procured, but unfortunately life In a few minutes after the scenes of this world or ever upon Mattos Loho himself.—Letter ire AND SPAIN Morning Herald, A.NCE From IA ch has, it is alleged, sent M. Pageo, o the courts of the great European monarchiess pretensions to an alliance between the youth- Spain and any of his unmarried sons ; likewise, to add that his Majesty insists on the Queen of the family of Bourbon, and that the accept- of the I ad from any other Royal house will be viewed _ The latter item of this mis mstrous, that we must have much higher autho an that on which it has been stated, to induce t its accurrcy. We do not believe that so sa- an act of hostility ionarch as Louis Philip has done anything so violent as to declare that be will prescribe of mankind from which Queen Isabel shall I that if her Majesty venture beyond it, he Nar either with Spain or Europe. The state is internal evidence, cannot he true ; be ❑ld include amopg the princes from whom Queen by permission of the French King, choose lenri of Bourbon—a selection which would be able to Louis Philip than even a Coburg. The moreover, most improbable, because it would st of Europe a determination on the part rt to reduce Spain to a state of vassalage ; ag of the French entertained such a design, eet to put England and Austria on their premature declaration. Unless, indeed, is since October last has chased sagacity f this greatpersonage, and driven in passion; ilip's nature has been suddenly changed, particular statement, in its present form, :ic schemes of marrying the as yet unmarriage- Spain, about which two of our contemporaries ,ssipped, there are two or three matters entirely Spain has a constitution and a Cortes ; its reign has or will have a woman's affections and and events are great destroyers of human de ipanish people will doubtless permit their queen iushand for herself without paying much atten dies or objections of any other monarch. Spain Leading-strings of either France, Austria, Rus id, and interference in its domestic concerns by all its allies combined, will be treated by the it deserve will be resisted, and we sin iccessfully repelled. If the Spanish nation pos o Ithe spirit which we believe it still possesses, , in its earliest to any prince, either of initiation, any attempt on the part ' marry Queen Isabel ndividual choice—of any choice save one of her pied will, there being no national impediment to The success, indeed, of such an attempt would the commencement of the ultimate overthrow of 11 government in Spain when it is subject to no nation can be con a- as the sele c ti on of ject to any interference on second-r a t e a t h states usba is n dfaorfairtcses,oivfewrehiegnn.. endence of Laughters of royalty ascend the thrones they have e diplomacy or intrigue s of the great powers has em with a consort ; a, the tendency of Euro las of late years been fartoornuch to injure an d vith the independence of these smaller o n e s . i n t er national difficultie s are not solved by inter ef., but are settled as may be n m [ objects of the great powers. most favourable to equilibrium ich once meant justice between men a id nation , h as now become a phrase o7 d rid al ic e u e : I nd is adjusted m erel y to co mpromise the I France , En g land, Austria, and Ru ssia maya jea ; , r concerning , each other. That phrase has, of fearful import to the second and third-rate ; by its perversion Prussia is becoming part of Italy has been transferred to P ins _ Italian peninsula subjected to her dornl. vedish monarchy has been deprived of • , ces, and recompensed by the un and Norway ; by its perversion `" European map, and Tur teeting Europe from the rock nerched on the crest it An France hopes _ e e ' o r Belgium, and by 1' vas a day pregnant with ----:p s. and sent hV its perversic s of the because now she has the ally of min.,r Europe. With "non " non-interference" perpetually on the ► for the last fifteen years, she has been and invariably to her nterfermg everywher —.l interests. England let slip from miance of power when she joined the councils rs?f European tranquillity. She interfered , . it affairs of Greece, and established a Russian he Mediterranean. She interfered in the inter- Turkey, and deprived the Ottoman Porte of interfered in the internal affairs of Persia, and in Affghanistan. She interfered in Spain and kingdom with blood, and destroyed the finest free institutions of the Middle Ages. relics of the fillperial iilariittriititt. HOUSE OF COMMONS.—MONDAY. On the motion that the Speaker should leave the chair, in order that the house might resolve itself into committee on the Income-tax Bill, Mr. WALLACE renewed his objections to the measure, and desired, in this stage of it, to know whether any and what alterations were intended in the tariff. He wished Sir R. Peel would take a year to consider whether, if the country must have an income-tax, it might not be better to make it a tax of 12 per cent. instead of 3, and abolish other more injurious modes of taxation. Meanwhile he recommended a temporary issue of Exchequer-bills. He was not, how ever, inclined to interpose objections for mere vexation or delay. Sir R. PEEL asked what would have been said to the go vernment, if, after taking five months' time to look at the finances and resources of the country, they had ended with proposing another year of temporary expedients. The mo ney market certainly was now in a healthy state, but that state was the result of the vigorous effort in progress for the restoration of public credit ; and if that effort were to be re laxed, the money market would fall again into disorder. As to the tariff, he adhered to all the leading principles which he had announced respecting it ; and he would not object, after the report on the Income-tax Bill, with which he pro posed proceeding from day to day, to discuss the general outlines of that tariff. He hoped it would not be thought necessary now to take another debate on the principle of the Income-tax Bill. Mr. HUME expressed his thanks to Sir R. Peel for the mode in which he had grappled with commercial restriction. He wished the government had done more ; but still it was doing much. He particularly regretted that a greater im pression was not made upon the corn monopoly, the effect of which was to give to the landed interests from the public purse as much as they would have to pay for income-tax. The house then went into committee. Mr. B. WOOD inquired whether a landlord occupying one of his farms, and losing by it, but letting another and re ceiving the rent for it, which two farms would then appear in different schedules, would be permitted to set the loss on the first against the gain of the second? Mr. GOULBURN answered in the negative. Mr. HOME suggested that the bill, the blank in whose preamble was proposed to be filled up with April 5, 1842, ought not to take effect till the date at which the tariff was to come into operation. Dr. BOWRING coincided with Mr. Hume. Sir R. PEEL said that the provision, being meant for the financial service of the year, would be most conveniently made to take effect at the time when the financial year should begin. As to the notion that the burden and the boon ought to run together, Mr. Goumituftx observed that the burden was to be only for three years ; but that the boon would be per manent. Some further conversation then arose on Mr. B. Wood's question, whether the tax-payers ought not to be allowed, in his return, to set off the loss of each year against that year's gain. Sir GEORGE CLERK thought it unjust, that a man should get rid of his liability for the proceeds of his fixed property, by spending them in speculations, and then deducting the loss from his general return. What he spent in speculation was as properly a taxable expenditure as to what he spent in amusement. Si; R. PEEL explained that the acts were drawn upon the old precedents. and that the different schedules were neces sary for the levy of the different sorts of income. Care must be taken lest the legislature, in attempting to avoid indivi dual injustice, should admit extensive fraud. Lord Howicx admitted the propriety of retaining the schedules, but thought a general clause providing for the sort of adjustment now recommended might be added on the same principle on which people with incomes under £l5O a year are to be allowed a drawback for income stopped on account of dividends, or otherwise. After a few sentences from Sir WALTER JAMES and Mr. WALLACE, schedule A., imposing 7d. per pound upon th e income of landed property, was passed without a division. On schedule B, imposing 34d. per pound on the profits of farmers, taken at half the annual value, Lord Howrcic ob jected that this test was a very inaccurate one. On large farms well cultivated, there was a much larger surplus, in the shape of rent, than on smaller and worse tilled farms; and thus the tax imposed by this bill would fall the heaviest on the best farming. He would advise the omission of this separate schedule for the farmers; whom he would propose to tax, as the hop farmers and nursery gardeners were in tended to be taxed, in the same schedule with traders. Mr. GOULBURN vindicated this test on the score of general convenience. The accounts of farmers were so mixed up with the consumption on their farms, there was hardly a possibility of estimating profits in all individ ua l cases . . . On schedule C., relating to annuities and dividends paya ble out of public revenue. Mr. BARING suggested the exemption of foreigners, on the ground of public faith. Sir R. PEEL declined to exempt foreigners. Sir R. PEEL said he would bring forward the tariff before he proposed the third reading of the income-tax bill. (Cheers.) Mr. WALLACE had understood that it was the intention of the right hon. baronet (Sir R. Peel) to make his communi cation to the house respecting the alteration in the tariff as soon as the income-tax bill had gone through committee, and before the report was brought up. Sir R. PEEL said he had stated most distinctly that, after the report on the income-tax bill had been brought up, he would postpone any further proceedings with regard to that measure until he had taken the sense of the house on the new tariff. The house then resumed, the Chairman reported progress, and obtained leave to sit again. HOUSE OF COMMONS.-TUESDAY Mr. REDINGTON, the chairman of the Southampton elec tion committee, reported that a member of the house, Mr. Fleming, (one of the members for Hampshire,) had refused to answer certain questions, on reasons which the committee had not considered valid. Mr. FLEMING, who was in his place, gave a short explanation, in which be stated that he had taken a leading part in collecting subscriptions to defray the " strictly legal" expenses of the election ; but he de clined, as a man of honour and a gentleman, to violate con fidence reposed in him by giving particulars. Mr. Fleming then withdrew from the house, and a discussion arose on the motion that he be ordered to attend in his place, and be informed by the Speaker that he must attend the committee and answer the question. The motion was carried, and on Mr. Fleming's return to his place, the Speaker read the reso lution to him, to which the bun. member bowed, and sat down without observation. Elizabeth Ann Cullen and the surgeon of Newgrite were examined at the bar, respecting the health of Obadiah Lucas, imprisoned in Newgate for prevarication before the Ipswich election committee—the female being the sister of the pri soner. After some observations, Lucas was dismissed. Sir R. PEEL, in answer to a question from Mr. O'Connell, said, that be expected the treaties entered into between this country and the Texas would be ratifiedby next A9gu!t.. Sir J. GRAHAM gave notice, that on Thursday the sth of May, he intended bringing forward a bill for the renewal of the poor law commission. Mr. O'CoNNELL rose to move for a committee to consider and report upon the destitute condition of the Catholic sol diers in India and China, with regard to theh spiritual wants. At least one-third of our army in India were of the Catholic faith, and their state, as to religious instruction and consola tion, was evinced by the numerous statements given to Mr. O'Connell, and read by him to the house. Mr. R. BARING said that sufficient provision was already made for the spiritual instruction of those soldiers in India who professed the Catholic faith. Any causes of complaint, when brought under the notice of the proper authorities, were promptly attended to, and he thought that if a com mittee was appointed, it would not elicit more information on the subject than was already known. After a few more observations from Mr. HUME, Sir H. HARDINGE, and Sir R. INGLIS, it was withdrawn. Mr. ELPHINSTONE rose to move, " That it will be expe dient for this house, at an early period, to resolve itself into a committee of the whole house, for the purpose of consider ing the act 55 Geo. 111., c. 184, with the view of imposing legacy and probate duties on succession to real estates of the same amount as are now imposed by the said act on succes sion to personal property." The hon. member, in support of his motion, entered into a statistical comparison of the produce of the stamp duties, and an estimate of the amount likely to be raised by a tax such as the one he proposed, and which, if the house assumed the rental of the country at 40 millions, and that once in 20 years landed property changed hands, would bring in two millions annually. The CHANCELLOR of the EXCHEQUER was of opinion that such a tax would only fall on that property which was not under marriage and other settlements, which generally hap paned to be in the hands of smaller proprietors, and that it would not bring in as much as was estimated. Mr. litimE said the government administering the affairs of the nation was bound to make some inquiry on the subject before the passing of the obnoxious income tax, and thus let the house see to what extent the land bore its share of the burdens of the state. —.—....... ........______ Mr. EWART and Mr. WALLACE supported the motion. Lord J. RUSSELL admitted that the Chancellor of the Ex cheque. had brought forward a sound objection to the motion, but at the same time thought that something like equality might be introduced into the application of the taxes on real and personal property. He could not at present support the motion, as—seeing the house had decided on an income tax — it would be going the length of proposing to lay additional taxation on the country. . . _ .. _ . . Sir R. PEEL said that with regard to the motion and dis cussion now before the house, he could view it in no other light than a renewal of the debate on the income tax and an obstruction to its progress—(Mr. Elphinstone interrupted Sir Robert Peel to state that he brought forward the present motion as a substitute for schedule D). Then, said Sir R. Peel, you intend to tax the landed proprietor under schedule A, and to lay a greater tax on him in the shape of a legacy and probate duty. He (Sir Robert Peel) was of opinion that a tax on income, objectionable as it was, was infinitely more preferable to the proposition of the hon. member opposite. He should, however, refrain from saying anything more on the subject, as it might at a future period be a subject for the consideration of the house ; but at the same time time, if the house adopted the motion, it would have the effect of overthrowing the decisions of the house on the financial measures of the government. . . —..„ Mr. ELLICE supported the motion in the hope that it would lead to a complete review of the whole system of tax ation on real as compared with personal property. Dr. BOWRING, atter a few observations, proposed an amendment to the effect that the proposed tax on land should be taken as a substitute for some of the burdens which weigh most heavily on the industry of the country. Lord HOWICK thought the inquiry could only be satisfac torily undertaken by a government. The business of an op position was to object to, and not propose taxes, and that of all taxes a legacy duty was the most objectionable. He should not, therefore, vote in favour of the motion. On a division the motion was lost by 221 to 77. Colonel Fox moved for copies or extracts from any recent official information received by her Majesty's government from the Cape of Good Hope respecting the present rela tions of the colony with the independent boors who esta blished themselves at Port Natal, together with any informa tion as to the treatment of the natives of South Africa by the said boors. Also any instructions that may have been sent to the government of the Cape of Good Hope on these sub jscts by her Majesty's government. Lord STANLEY said that the subject was a singular and interesting one. These boers, dissatisfied with the protec tion of the Cape authorities, had migrated, penetrated through the Caffre country, a distance of 600 miles, and established themselves at Port Natal as independent of the British au thorities. Her Majesty's government were, however, de termined not to suffer any infraction of the right of sove reignty posessed by this country over the colony of the Cape, and therefore could neither assent to their independence or enter into treaties with any of the native tribes. He agreed to the motion with the omission of the word " independent." After some further discussion the motion was agreed to as amended by Lord Stanley. Mr. BURROUGHES vindicated the conduct of the magis trates and constabulary of Norfolk, implicated in a motion by Mr. T. Duncombe, made before Easter, relative to the treatment lr. T. o p f u. a N p c o o or L BE .1‘ b een made out, and in. conclusion read a copy o f a l etter f rom the flone-office,givin of Superintendent gSirJamesGrah Smith o Graham's d ecided f the N d o i r s approval i of the condu ct s of the day were then disposed of, and the h f oolTuk adjournshe:o o n t s h t a e br o r u. Why may a murderer not be a bad man ?—Because we have got a Good murderer at present. COURT OF QUEEN'S BENCH,- FOUNTAIN V. DOODLE AND WIFE Lord DENMAN delivered the judgment of the Court upon an application for a new trial which had lately been made by Mr. Kelly upon the part of the defendants. His lordship observed, that in so important a case they were glad of an opportunity of repeating the view of the law which had been already presented. It was true that a character given Lona fide by a master to any servant of any description was a pri vileged communication, and that bona fide would be always presumed in a case of that nature, wherever there were not shown to be any facts or circumstances tending to produce a contrary conclusion. In all such cases, therefore, the master would be protected' even though the character were false in fact, unless it were shown that the false bad character bad been given through malicious motives, which may be proved in different ways. Of the various proofs by which it may he established, one was the fact that the statement was false to the knowledge of the party by whom it was made. He (Lord Denman) had so stated the law to the jury at the trial, and up to this point there was no objection made to the charge. But it was contended upon the part of Mrs. Boodle, that he was wrong in telling the jury that it was incumbent upon her to produce some evidence to negative the pro bability of malice which resulted from the evidence which had been given upon the part of the plaintiff. Upon this subject it was said that the circumstances which tended to show that Mrs. Boodle was not influenced by malicious motives were principally, if not entirely, known to herself, and that her privilege would be, therefore, quite illusory if it were to depend upon the performance of a condition which it was impossible for her to comply with in the circumstances of the case. He, (Lord Denman,) however, dissented from this view, and was of opinion that it would not be difficult to produce direct evidence to show the state of her disposition towards Miss Fountain ; but she might have given such evi dence as the nature of the case would admit of ; as, for in stance, that she had on previous occasions made statements of the same nature as those which were complained of in the action ; or that she had remonstrated with Miss Fountain upon account of the faults which were attributed by her to that lady in the character given of her by Mrs. Boodle to Mrs. Nosworthy. This part of Lord Denman's charge was objected to by Mr. Kelly and the Court had desired to bestow some further consideration upon this part of the case ; but the observation complained of was one of continual occur rence in cases of every kind, and was applicable to almost every case were motives were to be established or dis proved. It was, therefore, clear that some evidence of the description alluded to might, and ought, to have been given upon the trial upon the part of the defendant, and that in the absence of such evidence the jury, as well as the Court, were justified in adopting the conclusion to which they had arrived. The Court had taken time to consider whether there existed any evidence to show that the statements contained in the letter of Mrs. Boodle were wilfully false. It was imputed by the plaintiff that they were so, and in support of that allegation the plaintiff had proved that she had served the defendant for a year without any complaint whatever having been made against her for incom petency, bad temper, or unladylike deportment ; and that, during the time of such service, the defendant had recom mended the plaintiff to two other situations of the same na ture as that which Miss Fountain occupied with Mrs. Boodle herself. It had been said that the particular grounds of the statement made by Mrs. Boodle, in the letter, might have come to her knowledge after she had given Miss Fountain the other two recommendations ; but the letter itself furnished no reason whatever in support of such a supposition. The injurious imputations made in the letter had respect entirely to the subjects of temper, competency, and ladylike deport ment, upon all which subjects Mrs. Boodle must have pos sessed as much knowledge at the time when she recom mended Miss Fountain to the service of the other persons as at the time when she dismissed her from her own. It had been urged to the jury, upon the part of the def en d an t, that, in consequence of Mrs. Boodle's illness, she had not the same opportunities for observing Miss Fountain's conduct which she might have otherwise possessed. But this consi deration was not entitled to much weight in this case, for the question was not upon any deficiency in her means of form ing a satisfactory and just opinion in reference to the sub ject, but upon the truth and sincerity of the statement which she has made. She alleged in the letter that she discharged Miss Fountain for incompetency, ill-temper, and unladylike deportment ; but the true cause of the dismissal was a short illness of Miss Fountain, which had prevented her from attending to her duties. It was moreover to be observed, that the manner of the dismissal was extremely harsh in it self, and such as to afford evidence of upon her part towards Miss Fountain ; and this evidence was considerably strengthened by her having requested Mrs. Nosworthy to in form Miss Fount, in that Mrs. Boodle would answer no further applications upon the subject, as she had answered two such applications already. This passage would certainly be under stood to mean that she had twice already made the same sort of representation that she then made to Mrs. Nosworthy; whereas the evidence proved that in the two cases in which she had previously spoken of Miss Fountain, the representations were favourable. This appeared to the Court to constitute evidence that the defendant was influenced in making the last representation by some indirect and improper motive. But it had been said that this was after all but slight evidence of malice, and that if masters must be prepared to produce direct testimony to negative malicious motives in answer to charges of this kind so supported, the privilege which the law professed to confer upon communications of this kind would be perfectly illusory. But the Court was of opinion that it would be much more illusory to decide that where the evi dence, to whatever extent it appeared, was all upon one side, the jury were, nevertheless, obliged to find their verdict upon the other. The question of malice was one upon which the jury must come to the best conclusion which they could upon the evidence before them. It was their duty, as well as their exclusive province, to decide upon the whole of the case, and the Court were of opinion in the present instance that the decision of the jury was correct. ADMIRALTY COURT-MONDAY, APRIL 25 , TUEfiPAY THE DRUID-COLLISION Dr. Lushington delivered his judgment in this case. The occurrenceprinciple ly h i n i which is must a ndgov ernother courts—the e was ruleon t, and d every d doctriney applied to cases of principal and agent, master and servant. cas The liability of a master for ignorance, neglect. or want of honesty in the conduct of his servant, in the transaction of the master's business within the proper scope of his employ ment, was a rule universally recognised, and was indeed, es sential to the protection of mankind in the transaction of their affairs; but he would at the same time observe, that it ap peared difficult to define the meaning of the phrase " within the scope of his employment." It had been contended that fro such liability exists where the servant, though occupied in the transaction of the affairs of his master generally, occa sions an injury to another party by his violent, wilful, and malicious conduct. Before he resorted to authorities, it would be satisfactory to consider upon what reasoning such an exception could be founded, and how far it was consistent with the principles of justice and public convenience, and within what limits, if the exception existed, it ought to be restrained. It was consistent with reason and natural jus tice that a man should be responsible for the skill, diligence, and honesty of the agent he employs in the transactions of his business, and whom he holds out to the world as fit to be trusted : in effect, be may be said to contract with those with whom he deals for the existence of these qualities in his agent, Unless the principal were so responsible, the business of the world could not go on; those who treated with an agent would have no remedy, and all just confidence would be destroyed. Those he apprehended to be the reasons on which the re sponsibility of principals for the acts of their agents rested. But the present case was one of violence and wilful aggres sion, and was said to be distinguished, so far as the principle is concerned from fraud. Why ? if the distinction existed, there might be strong technical reasons as to forms of action; but the solid distinction in point of justice was not at first so apparent. It might be said that fraud and forgery occur in the ordinary transactions of business, whereas force and violence cannot be contemplated in the discharge of any duty. This reasoning might be true, but it was not alto geeher satisfactory. The safer ground appeared to be that such cases were cases of implied contract. Criminal respon sibility alone could not form the distinction it might occur that the master of a ship would be criminally responsible, and yet the owners liable for the damage ; or in the case of a steamer going through a very crowded roadstead in a dark night, occasioning collision, and destroying ship and crew ; if so, in a case of general malice, in law the owners would be responsible ; in a case of particular malice they would not. Perhaps, however, there might be another reason ; it might be said that to make principals responsible for the wilful and malicious aggression of their agents, would be not only to make them answerable for acts done out of the scope of their employment, but expose principals to such risks as might seriously impede the despatch of business, and impose too severe a responsibility upon principals. If he were to say what the principle is upon which the cases went, it appeared to be this—that fraud may be incidental to the employment of an agent—force never. All the cases as to master and servant, principal and agent, were more or less applicable to the present question, for they must all proceed on common principles. In " Macmanus v. Crick it," 1 East, 105, the servant of the defendant wilfully drove his chariot against the plaintiff's chaise, and the court incidentally stated that the action would not lie. In " Bowcher v. Noidstrom," 1 Taunton, it was held that a master was not responsible for the acts of a seaman who wil fully injured another vessel, though the master was on board at the time, and though it had been held at common law that generally the master is responsible for the acts of his crew. If the cases had rested here, notwithstanding the high autho rity of Lord Kenyon, in " Macmanus v. Crickitt," he should have had considerable difficulty in understanding what the doctrine of the common law was. But there was a much more recent case, in 1838, that of " Lyons v. Martin," 8 Ad. and Ellis, in which a servant, authorised to distrain cattle, drove a horse from the highway into his master's close, and distrained it, the Court held that the master was not responsible for this wilful act of his servant. He (Dr. Lushington) understood that a case bad since been decided in the Court of Exchequer in which the same doctrine had been held, but it is not reported. There had been many other cases with very nice distinctions—as that a master is responsible for the negligence of a servant going out of the way on his master's business, not if solely on business of his own. It seemed, therefore, impossible to doubt that, at common law, an action in this case could not be maintained against the company which own the steam-tug ; and on the principle laid down in " Lyon v. Martin," that the act of the master was a wilful aggression. If such an action could not be supported at common law, it could not be maintained here; he must, therefore, dismiss the owners. He could not, however, leave this case without expressing his deep re gret, that in British waters, within British jurisdiction, the foreign master and owner of this vessel should be subjected to this outrage and loss, and perhaps total ruin, not only without redress, but without any punishment being inflicted on the delinquent, who had so causelessly and wantonly oc casioned the damage. If the captain went without punish ment, and the foreign master and owner without redress, the example must be of evil effect, and a discouragement to the trade of foreigners with this country, afford a mischievous precedent for like ill-treatment to British ships in foreign ports, and be a transaction discreditable to British hospita lity and justice. MELANCHOLY CASE OF POISONING.—A most__ tragical occurrence took place on the 16th instant, at a small hamlet within a few miles of Loughrea. It appears that at the house of a labouring man named Walsh two or three poor families resided together , at a place called Kylebrack ; that on the above day, while her husband had been absent, the wife of Walsh complained of a slight indisposition ; and on the suggestion of his sister (a widow named Haigny, who resided with them), some gruel was prepared, of which all the inmates, seven in numher, had partaken. Shortly after wards the parties became alarmingly ill, and ere five hours had elapsed, Walsh's wife, his son Michael, about three years old, and his sister Haigny, had expired. Intimation of the occurrence having been conveyed to Mr. C. Farrell, justice of the peace, Dalystown, that gentleman immediately proceeded to the spot, and had restoratives promptly admi nistered to the survivors—one of whom, the son of widow Haigny, a lad about 11 years old, has since died. In the course of the day an inquest was held on the bodies of the o vva Friday. lsh a three first-named persons. Drs. Lynch and M`Donnell, of ) Loughrea, attended and made a post mortem examination; and in order to afford these gentlemen sufficient time to ana lyset was deemed the contents of the stomachs, the inquest was adjourned mys tery. The adjourned inquest took place yesterday before nd T a h w e whole affair is involved in the greatest rays_ it3l • T. Walsh, and from the circumstances that transpired, d o :dvisable to have the owner of the house examination, as the given their opinion as to the moret medical men had not ()man named Manion, committed for further melancholy occasion.— Galway Vindicator. P°isin used on this TILE ROEIIAMPTON MURDER BOW-STREET POLICE-COURT—MoNDAY RE-EXAMINATION OF MOLLY GOOD AND RICHARD GAMBLE, CHARGED AS BEING ACCESSORIES AFTER THE FACT TO THE MURDER OF JANE JONES Monday morning having been appointed for the re examination of Molly Good and Richard Gamble on the above charge, the neighbourhood of Bow-street was much crowded. When the prisoners were brought to the court. the most discordant yells and execrations broke forth, and did not subside until the prisoners had been placed in their cells. Mr. Maule said it was his duty shortly to state the case against the prisoners at the bar. They wer.-, charged with being connected (after the fact) with the circumstances at tending the charge of murder, on which Daniel Good bad been committed to Newgate—that they were accessories after the fact—that knowing the offence with which Good was charged, they received and harboured the offender, and as sisted in his escape for a short time. Perhaps, however, if the evidence only went so far as to prove that they received the stolen goods of the murdered woman knowing them to be stolen, that would be sufficient in law to constitute them accessories after the fact. Mr. Maule then referred to the opinions laid down by Mr. Justice Blackstone, and continued—it would be necessary here to show that Daniel Good was the offender, and then to prove the connection of that person with the prisoners. He should prove that he fled from Roehampton on the 6th of April, after the muti lated body was found, that he proceeded to the lodgings of the deceased, and took away property belonging to her, that he then went to the house of the prisoner Mary Good; that they were seen together there disposing of the property of the deceased, and he finally left her on the 9th of April. With respect to Gamble, he should prove that he was seen at the house of the female prisoner under circumstances the most suspicious ; that be went at late hours of the night without a bundle, and returned afterwards with bundles, At the house of both prisoners property belonging to the de ceased had been found. He should also produce evidence as to conversations which had been heard between the prison ers, which he thought would clearly prove that they were cognisant of the offence which Good was charged with having committed, and they had secreted him, and assisted him in effecting his temporary escape. At all events, of this he (Mr. Maule) was confident, that he should be able to establish such a strong case of suspicion, that it would be the magis trate's duty to commit them for trial before that tribunal which could alone finally decide their guilt or innocence. Evidence was then produced to establish the truth of these statements. Mr. Pelham said, he wished to know how the Court in tended to deal with this case. He underatood that this wo man was the real wife of Good, and if so, then she could not be charged with harbouring him. Ile believed if he had time he could show that they were married in Ireland, as abundant witnesses, he understood, might be called to prove it. So if Mary Good was Good's wife, she could not be committed as a receiver of stolen property. in consequence of having re ceived it from her husband. These were the two difficulties he felt press upon him in this case. Mr. Hall asked the male prisoner if he had anything to say, and cautioned him against saving anything, as it would be taken down and used against him at his trial. The prisoner Gamble then remarked—" I have nothing to say." Mfr. Hall asked Mr. Manic what course he wished him to pursue ? Mr. Maule pointed out the conversations that had been spoken to as having taken place between Gamble and the female prisoner at the George and Guy, and between Mary Good and the female at her own house, and with the potboy at the Spotted Dog, which, he contended, showed that the prisoners were aware of the commission of this offence. He might rest his case upon the prisoners' own declarations ; but what was the fact? The prisoners were proved to have been at hide and seek—they both had property that belonged to the deceased, which they concealed, and denied they had possession of when questioned by the police. Now if he was right in the inferences he drew, he thought there was abun dant evidence to 'put them on their trial as accessories after the fact. On the other hand, if the magistrate thought the evidence was not sufficiently strong to convict them upon that charge, then he begged to direct the attention of the Court to the fact of Good having feloniously possessed him self of Jane Jones's property after the murder, and that pro perty having been found in the prisoners' possession, was enough to establish a prima facie case to put them on their trial as receivers of stolen goods ; and it would then be for them to give a satisfactory account of how they became pos sessed of them. Mr. Hall said he had not heard the smallest evidence that either Jane Jones, the deceased, or the female prisoner, Mary Good, was the wife of Daniel Good, and therefore he was not bound to deal with the prisoner in that character. Then, with respect to the man Gamble, there was this strong fact, that some gowns belonging to the deceased were found under his bed, and one of them was proved to have been in her possession the day before she disappeared. There were also two shirts, which it had been clearly proved had been entrusted to the deceased to wash. It therefore appeared to be much more clear to his mind that he should commit him as a receiver of stolen goods, and the solicitor for the prose cution might prefer any other indictment he thought proper. With respect to Mary Good, the evidence against her was much stronger as an accessory after the fact, because con versations of an important character had been overheard to have taken place between her and other parties. She had been traced to various places sleeping with Good, and the workboxes belonging to the deceased had been sworn to by the little boy as having been in the possession of the deceased, even so late as Monday, the 4th inst., the day after the woman was missed. This, to his mind, clearly established a case of receiving stolen property against her, and therefore he should 'rider committing her on that charge, although the evidence was of a very strong character against her as an accessory after the murder. However, Mr. Maule might prefer an indictment against her for that offence as well as for the one upon which she was committed, if he so pleased. They are, concluded the worthy magistrate, therefore both com mitted for trial as receivers.Of stolen property. The voluminous depositions having been read over, the prisoners were removed in the van to Newgate, amidst the loud execrations of a dense mob. The examination did not conclude till half-past five o'clock. PARIS FASHIONS (From the Court Gazette.) Promenade costumes still present a melange of spring and autumn ; for while our chapeaux are those of the former, our robes are, in most instances, those of the latter; but as these robes are of a form that will probanly continue to be adopted during the season in summer silks I shall describe them. The corsage is always made a three-quarter height. Some are made without any trimming, others with a pelerine lappel edged with three or four pipings put close together. Several have the edge of the lappel cut in square tabs, with spaces between, and edged with a narrow &Ile of the colour of the dress. In at least nine instances out of ten the sleeves are tight, but if the lappel is cut at the edge, there is a mancheron of moderate width and depth cut bordered to correspond. Trimmings round the borders of promenade dresses are, for the present at least, entirely laid aside. The centre of the skirt is sometimes left plain. These robes appeared towards the close of last autumn in the rich silks that were then worn, but they were adopted only a short time ; they are now re vived, and, as I have already seen several made in summer silks, I think they will have a run this summer. If the day is cold a cashmere, either long or square, is adopted, but a mantelet or scarf is substituted for itwhen the weather permits. Some of the first have recently appeared in pea-green, light blue, and lilac you de sole; they are all of the same form—a short round cloak cut bias, and, conse quently, as they are made high, they sit close round the neck and shoulders ; there is a deep square falling collar and arm holes. The garnitures vary. Some are bordered with fancy trimming of a corresponding colour ; I must observe that the vogue of this kind of trimming, in every way in which it can be employed, is expected to continue during the summer. Others are trimmed with a coquillage of riband, also of the colour of the mantelet, and a good many are edged with lace. The various scarfs that I have already described are adopted when the weather permits, and I think their vogue may be considered as decidedly fixed for the season • but they will not reign alone, for scarfs, both of muslin and lace, will as suredly be fashionable in the course of a few weeks more. I have already seen several of both lined with rose or blue gauze or Florence ; those of lace have nothing remarkable, but some of the muslin ones are as novel as they are pretty. They are entirely composed of entre deux. of embroidered muslin and Valenciennes lace alternately, and edged with Valenciennes of great breadth and beauty laid on flat. Lace, that is, white lace, is expected to be in very great request for every part of the toilet in which it can be em ployed. Several of the new chapeaux and capotes are orna ments with it; it is usually disposed upon the latter in a full demi voile, attached to the edge of the brim. It is arranged on the former in various ways ; one of the most tasteful is a lace lappet, either point (1' Angleterre or point d' Alencon of a very light pattern ; it is placed in the interior of the brim, issuing in folds on one side from under the crown ; the folds are looped over the right temple by a small tuft of the most delicate flowers; the lappet flows loosely from thence under the side of the brim, and descends low on the neck. A se cond lappet of a similar pattern is disposed in drapery on the crown, in such a manner that the end forms a kind of rosette, in which a full bouquet of very rare and beautiful exotics is placed on one side. This stile of trimming is adopted only for chapeaux with rather open brims, principally for crape ones, but I have seen it sometimes used for moire or you le soie. Some changes are talked of in the forms of chapeaux, but as yet they are only talked of. A few, indeed, have been made with the corners higher than usual, but the generality retain their horizontal form, so arranged, however, as to per mit the brim to come more over the face. In one respect a decided change has taken place--the brim no longer meets under the chin, though it is still very long. Flowers are be ginning to be more generally adopted for the exterior trim mings of chapeaux, though feathers are still in the ascend ant. I may cite among the most fashionable of the former, Spanish jasmin, hyacinths, eglantines, cornelias, sprigs of lilac, acacias, white thorn blossoms, fruit blossoms of differ ent kinds, with those of the double-blossomed peach, always mingled with foliage. Wreaths of flowers without foliage, particularly roses, of which we have so many and such beau tiful kinds, are also adopted. The spring ribands are of a very rich kind ; changeable ones are much in request, so also are those shaded in various colours; they present a variety of brilliant hues, gradually failing almost to a white tint. The decided novelty of the season is the revival of gauze ribands; they have now, during several seasons, been quite obsolete, b u t some h ave recen tly a ppeared, and are already very fashionable; they are very broad; a rich grenadine gauze ground, with satin stripes beautifully shaded ; in the spaces between the stripes small flowers are scattered irregu larly, or else disposed in a morning pattern ; they are in brilliant colours, and being very highly raised, have the effect of embroidery. A USEFUL GHOST !—The village of Odell, in Bedfordshire, has for some tim e p as t been frightened by the pranks of a ghost; it has lately shifted its quart ers to a g rocer's, where its nocturnal amusement is grinding coffee ! At a farm house, when the people of the house mixed a glass of grog it inhaled all the spirit, leaving them the warm water and sugar only for themselves. Even now-a -days all these absurdities find ready and credulous fools to believe them. EXTRAORDINARY CASE.—EXHUMATION OF A BODY IN TERRED THREE MONTHS !--Great excitement prevailed in the neigbourhood of Harold's Cross, Dublin, on Saturday, in consequence of the disinterment of a body which had been in Mount Jerome Cemetery for three months, that of the late William O'Brien, E sq ,, a gentleman formerl y connect ed with Trinity College. The disinterment took p lace b y desire of his neph ew , W . O'Brien,Esq., who communicated with John Paisl e y, E sq., senior coroner of the county of Dublin, who, on the facts being made known to him, proceeded to Harold's Cross, and impannelled a jury to inquire into the case. When the jury were sworn, Mr. O'Brien made an affidavit to the effect that he was under the impression, from certain reasons, that his uncle came by his death by foul means ; and he was further strengthened in that belief by a conversation he had bad with Gordon Jackson, Esq., M. D. and also from a conversation with his solicitor. On the co roner and jury proceeding to the cemetery, the care-taker at first objected, but subsequently permitted the body to be taken up. The stomach and other portions were then taken out, and delivered to Doctors Shanahan and Monks, in order that they might be analysed; after which, the inquest ad journed to Wednesday. The late Mr. O'Brien was in a declining state of health for some time previous to his de cease. To an only child, by a second marriage, he left the reversion of his property. The child, however, did not long survive him. STATE or TIPPERARY AND ITS BORDERS (From the Dublin Mail.) On Saturday last a meeting of the neighbouring magistrates was held at Moneygall, to investigate the state of that dis trict, and to consider of measures necessary for the restora tion of peace and personal safety. The result was, a strenuous statement to the government of the disorders which prevailed ; and it is to be hoped that this representation will be attended to with more energy than has hitherto characterised the movements of the executive in this quarter. We know not where the blame lies ; but, if the members of the administra tion here could see the multitude of letters which crowd our table, and the remonstrances of their very best and most ar dent friends against their supineness, they would be con vinced that there is something wrong in their treatment of the case, and that, if they would continue to possess the support of the loyal, they must entitle themselves to the con fidence by greater activity. It were vain, and would be useless, to recapitulate the number and nature of the crimes which, from this distrust, call for punishment and redress. But surely, when we con , sider that within a few days the following heinous offences — in all of which the possession of fire-arms by a lawless and barbarous peasantry has to be deplored—it will be confessed that remedial measures con neither be too speedily adopted, nor too vigorously enforced, viz.:— 1. The murder of Mr. Roberts. 2. Mrs. Carey severely, if not mortally, wounded 3. Mrs. Cormack, ditto. 4. Mr. Scully severely wounded To which may be added no less than twenty outrages of a minor character reported in the Nenaph Guardian of the 20th instant, in every one of which the assailants were armed with guns. _ _ To account for this state of things--the residuary legacy of the whigs—is not difficult :- 1. Innumerable instances prove that, even yet, juries will not convict in murder cases. Until the panel can be cleared of agitators and boot-eaters, there can be no hope of justice and no chance of tranquillity. 2. The fierce waves of agitation raised during the late elec tion continue to rage and swell. The storm of assassination then diverted against the freeholders, in all directions, is now only directed against the rights of property ; and those who were armed to kill their neighbours, for party purposes, now use their weapons to effect objects of their own. It is a melancholy truth we believe, and is not without its useful lesson, that large parties were moved from the neigh bourhood of Mr. Scully, at Kilfeacle, to attack the voters on their way to the election at Holyford. _ _ . They who sow the wind must expect to reap the whirlwind. It is imperative on the government to suppress crime and insuhordination, however engendered, and wherever to be found—whether in the north or in the south, in Armagh or Tipperary. • In the latter case, they have sent a reinforce ment of five policemen ! where fifty would be too little. They have offered a reward of a hundred pounds for a new dis covery, where thousands of pounds remain unclaimed for the discoveries of years. This will not do. Something effective is required. An overwhelming force must be sent to the spot : an immediate search for fire-arms must deprive the lawless of the immediate means of destruction—a more ef fective bill for regulating the possession of fire-arms must be enacted, to keep those deadly weapons out of dangerous hands. A commission to bring the guilty to immediate jus tice ought to be issued ; and, if those means fail, there re mains the severe but salutary course of proclaiming the dis turbed district. Short of this the government ought not to stop, until per fect security of life and property had been established in the spot where now neither property nor life is worth half an hour's purchase. But one really cannot be surprised at the " State of the Country," when we find a journal greatly read and widely circulated—published almost within the precincts of the very district in which these crimes are committed—read no doubt by many engaged in agragarian outrages, which may be con sidered as the prelude to more deadly offences—thus palli ates, if not justifies, the course the lower orders are adopting. EXPERIMENTS IN THE MARSHES AT WOOLWICH Amongst the numerous inventions submitted to the Lords Commissioners of the Admiralty, and referred by their lord ships to the committee of master shipwrights recently sitting at Woolwich Dockyard, was a composition to be used in place of the substance with which vessels are at present caulked to render them water-tight. The experiments or dered to be made by the master ship-wrights to ascertain its value when applied to the purpose for which it is intended, and the result, are interesting and satisfactory. Two pieces of African teak, a species of wood difficult to be joined to gether by glue, on account of its oily nature, had a coating of the composition applied to them in a boiling state, and in a short time afterwards bolts and screws were attached to each end, the joined wood placed in the testing-frame, and the power of Bramah's hydraulic engine applied to the extent of nineteen tons, when the chain broke without the slightest strain being susceptible where the joining took place. A larger chain of one inch and a half in diameter was then ap plied, which broke with a strain of 21 tons, the joint in the wood remaining apparently as firm as at first. The utmost strain that the cement can bear in this form, therefore remains to be proved when experiments are made with larger chains. Four pieces of very hard wood were then joined together, weighing in one piece forty-four cwt., and carried to the top of the shears in the dockyard, a height of 76 feet, from which it was precipitated on the hard granite wharf wall below, without any of the joints yielding in the smallest degree. The results of these severe tests induced the Lords Commissioners of the Admiralty to co , -n-i , gicate with Lieutenant-General Sir George Murray, G. and G.C.H., for the purpose of making experiments with it in the marshes, by bringing the full force of cannon balls against it. Accordingly, a number of planks of oak 8 inches thick, and fir 16 inches square, were joined together with the cement, to represent 8 feet in height and 8 feet in length of the side of a first-rate ship of war, without any thing else in the shape of bolt or security to assist the composition ; and it was, on Tuesday, set up as a target at the butt in the marches. At one o'clock in the afternoon, Lieut.-General Lord Bloomfield, G.C.B. and G.C.H., Colonel Cleveland, Colonel R. Jones, Lieut.-Colonel Jackson, Lieut.-Colonel Chalmers, Major Sandilands, ilajorVaughan, Brigade-Major Cuppage, and a number of officers of the Royal Artillery, and a large detachment of the Ist battalion, were present to assist at and witness the experiment. Lord Adolphus Fitzclarence and a number of civilians were also present, anxious to know the result; but, after remaining from one to three o'clock, it was found impossible to fire a single shot, two brigs having anchored within the range, notwith standing repeated warnings not to do so. At the request of Lord Bloomfield, the tiring was deterred till yesterday, the men being ordered to be in the marshes about nine o'clock a.m. At that hour, a large detachment of the 9th battalion, under the command of Lieutenant-Colonel the Honourable W. Arbuthnott and Major Hope, arrived, and shortly after wards Lieutenant-Colonel J. F. Love, C.B. and K.H., of the 73d Regiment, and Brigade-Major Cuppage ; but after remaining till eleven o'clock, could only obtain three shots, owing to the length of time occupied by the brigs in getting out of the range, and the number of vessels passing at high water. It was originally intended to fire from the five gun battery ; but three new 32-pounder guns having been placed at 400 yards distance on point blank range, it was considered desirable to use them, as they will be wanted immediately for first class steam-vessels, and consequently the shots did not take effect. At one o'clock in the afternoon, however, the levels were taken and three shots fired, every one entering the target, the third in a direct line with the bull's eye, within three inches of its outer circle. The effects of these shots were wonderful, tearing the wood to pieces, and in only one instance, where the joint had not been good. showing that they had any effect upon the cement, so as to separate the joined parts from each other. A hole six inches and a quarter in diameter was then bored in the centre of the target, and a 32-pounder shell inserted and exploded by a match, which tore the wood to small splinters without, in many places, in the least separating the composition. This new invention' is said to possess the power of expanding like India rubber in warm climates, and will not become brittle under the coldest temperature. It appears to be a great favourite with naval officers, as it is so clean, having only the appearance of French polish. The name of . the inventor is Mr. Jeffrey. CHURCH OF SCOTLAND The bill of Mr. Campbell, M.P., to regulate the exercise of church patronage in Scotland, after reciting the act of Qeen Anne, proposes— That if at the meeting moderating in a call in favour of a presentee to any church or parish in Scotland, the major part of the male parishioners or members of the congregation to which the minister is to be appointed, being of the age of twenty-one years' complete, who, at the date when the then existing vacancy in the said church or parish occurred, were in full communion with the Church of Scotland, shall not concur in the said call, either by subscribing the same, or by not expressly dissenting therefrom, (all who do not soodissent being holden as concurring,) but shall appear before the Presbytery, and state in its presence their dissent from the call; and if after the Presbytery shall have endeavoured, in the manner hereinafter provided, to remove any misappre hensions that may appear to them to exist in the minds of the parties so dissenting, their number shall not, by with drawal of their dissents, be reduced to less than a majority of the whole male communicants as aforesaid, and the Pres bytery, or superior church judicatory reviewing its judgment, do not find that the said dissent proceeds from factious or malicious motives, or otherwise than from a conscientious regard to the religious interests of the congregation, all right competent to the presentee under his presentation shall thereupon cease and determine; and upon a final deliverance by the Presbytery or superior church judicatory to that effect being pronounced, the patron shall have power to issue another presentation to a different presentee, provided the same be done within the period of six months allowed by law to patrons for presenting; it being declared always, that in computing the said period of six months, the interval which elapses between the lodging of any presentation with the Presbytery and the final deliverance pronounced there upon by the Presbytery or other church judicatory, shall in no case be reckoned or included, and failing of the patron issuing another presentation within the said period so com puted, the jus devolutum shall take effect in manner herein after provided. That the individuals composing in each parish or congrega tion the body of male communicants hereinbefore mentioned as entitled to dissent from the call shall be ascertained, and the mode of stating their dissent before the Presbytery shall be fixed and regulated in such manner as the Charch may direct' and it shall in all cases be incumbent on the Presby tery, before pronouncing any final deliverance on the said call, to take such means as to them shall seem most expedient to ascertain that the dissent of the major part of the male communicants as aforesaid does not proceed from factious or malicious motives; and further, if they see cause, to take such means as they may judge suitable for removing misap prehensions from the minds of the people, and obviating their objections to the presentee ; and it shall in all cases be com petent to the patron or p resentee, w h o may a ll ege t h at th e said dissent proceeds from factious or malicious motives, to establish the same before the Presbytery or Superior Church Judicatory by evidence competent uccording to the law of the Church, in the judgment of the said Judicatories. That in no case in which, in virtue of the provisions of this act, the right of any presentee under a presentation in his favour shall have ceased as aforesaid, shall it be competent for the Presbytery of the bounds in any event to claim or exercise any right tanquam jure devoluto, to present to the said church or parish forthat vacancy, any law or practice to the contrary notwithstanding ; and if thereafter the patron shall fail, within the time by law provided and computed as aforesaid, to issue a presentation which shall prove effectual to fill the vacancy, the right to present to the said church or parish for that vacancy shall thereupon devolve upon and be exercised by her Majesty, and her heirs and successors, as fully and freely in all respects as the right to present tanquam jure devoluto, is at present used and exercised by Presbyteries of the Church ; the presentations or successive presentations so issued by her Majesty, and her heirs and successors, being always subject to the provisions of this present act. The smallest of British quadrupeds is supposed to be the harvest mouse, hitherto f,,und only in Hampshire, and which is so diminutive that two of them put into a scale just weigh down one copper halfpenny. REGISTER COPIES. We beg to remind our clerical readers that certified copies of marriages, or certificates of marriges, for the quarter ending 31st of March, are required to be delivered to the Superintendent Registrar of the dis trict on or before the last day of the present month. No entries of a subsequent date are on any account to be made. Such gentlemen as may want forms for the returns should apply for them by letter to the Registrar-General. — Church Intelligencer. THREATENED DIBTURBANcES .. IN THE NORTH WALES COLLIERIES The greatest excitement has prevailed in Hawarden, North Wales, near the seat of Sir Stephen Glynne, Bart., for the last few days, in consequence of the turn-out of all the hands working in the extensive collieries of Messrs. Rigby and Hancock (a firm paying about £5OO per week in wages), and the attempts of these men to cause other operatives in col lieries to turn out and support them in what appears to be most unreasonable demands. The question in dispute is somewhat of a similar nature to that between Messrs. Peto and Grissell, of London, and their men, which occurred a short time ago—viz., whether the men should choose a su perintendent over them, or that the proprietors of the mines should retain the undoubted right of appointing their own agents. It appears that the firm of Messrs. Rigby and Hancock is at present carried on by trustees, and that a gentleman of independent property named Staley has been appointed agent to the collieries. This gentleman, having received many complaints that the coals were not properly cleared from small slack, introduced riddles to be used by the colliers with larger apertures than those previously in use. This gave offence to the colliers, and they refused to work; they came out of the pits, and assembled in conside rable numbers in the town of Hawarden, threatening violence if the agent persevered in introducing the obnoxious riddles. Finding this to be the case, Mr. Staley repaired to the house of Mr. Leigh Rigby, and consulted with him as to the best plan to be adopted under the circumstances, when it was agreed that they should be allowed to use the old riddles, on condition that they cleared the coals better. On this propo sition being made to the men. the greater portion of them appeared satisfied, but about 80 or 90 of them surrounded the door of Mr. Staley's office, and on his attempting to take his departure they surrounded him, and stated that they should not go to work again unless he promised to leave the works, never to return. Mr. Staley, after vainly attempting to pacify them, tried to pass through the mob to mount his horse, when he was violently seized and carried towards the railway formed for conveying coals to the river Dee, at Queen's-ferry. Here he was thrust into the bottom of a railway coal waggon, and conveyed, very much bruised, along the line of rail towards the river, the ruffians on their way telling him that lie had not long to live, as they intended to drown him in the Dee. On arriving at the Queen's-ferry they stated that his life would be spared then, but only on condition of banishment to England. Be was then placed in the terry-boat, the colliers threatening vengeance if ever he dared to return. Information was given to Mr. Leigh Rigby of the outrage, and as soon as the mob had dispersed from the ferry he con veyed Mr. Staley in his carriage to his house at Hawarden ; but the colliers having had a scent of where he was concealed, he was obliged to get away by stealth the same night, and in the morning, 300 men surrounded Mr. Rigby's house, de manding that Mr..Staleyshould be sent out of the country. Mr. Rigby informed them that if they were determined to select their own masters, they had better go and obtain work elsewhere than at the collieries of Messrs. Rigby and Han cock, as the works should not again go on under such law less proceedings, so far as he was concerned. The colliers subsequently went to the rest of the coal mines, endeavour ing to get the rest of the colliers to strike work, and the re sult has been that they are now demandinc , higher wages. They now average from 18s. to 235. per week' a man. Four of the underground superintendents of the mines have since been compelled to leave the place from threats of violence, and Messrs. Rigby, who are away from the scene of disturb ance, are determined to support Mr. Staley, and to resist the demands of the men. The magistrates are on the alert to call in the military should any further violence be offered. Se veral houses have since been broken into, and it is expected that several of the ringleaders will be taken into custody. The police force of the neighbourhood are very weak, and Mr. Staley dare not enter Wales;to identify his persecutors, from fear of his life. ALARMING RIOTS AT DUDLEY AND THE NEIGHBOURHOOD. BIRMINGHAM, MONDAY NIGHT, HALF-PAST 11.—This evening rumours reached Birmingham of serious disturbances said to have occurred during the afternoon among the work people of Stourbridge, Dudley, and other parts of the iron districts. The circumstances which led to the outrages detailed be low are as follows :—About a fortnight ago a number of the ironmasters in the neighbourhood reduced the wages of their workmen —some, it is said, to the amount of 4s. in 20s. Many of the men (chiefly nailers) refused to resume their employment upon these terms, whilst others, compelled by circumstances or influenced by a conviction of the justice of the reduction, continued to work at the price offered. The turnouts were, however, determined to compel the masters to pay the old prices, or eject the " knobsticks ' from the vari ous manufactories and works in which they continued to be employed. Por'this purpose, it appears, this morning some thousands of workmen congregated from Lye Waste, Craidley, and Netherton, and proceeded to visit the works of several of the most extensive and influential masters of this populous ma nufacturing district. Upon being told that the reductions made were in consequence of similar reductions being made by competing manufacturers, the rioters proceeded to seize the masters and violently force them into their ranks. In this manner, Mr. Nock, of Craidley-heath, Mr. Joseph Jones, of Redhall-hill, Mr. Jones, of Rowley Regis, Mr. Lewis, of Darby Hand, and other eminent ironmasters and manufacturers, were laid violent hands upon while on their own premises, and, being conveyed into the midst of the mob, which lined the roads in their respective districts, were marched in apparently triumphant procession to the town of Dudley. Mr. Lewis, it is said, was treated most scandalously by his assailants, but the other gentlemen, for a time at least, escaped without experiencing much injury, except the annoy. ante and alarm to which their situation must have exposed them. On arriving in Dudley the mob escorted their prisoners to the hotel for the purpose, it is said, of confronting them with the other masters to whom they had alluded. The streets were at this time densely crowded with people, and the shops in a few minutes were generally closed. The ironmasters were in close conversation in the hotel for some time, and more than once there appeared to be considerable excitement amongst, although no actual violence committed by, the mob. The first intimation of the affair known in Birmingham was the sudden departure of a troop of the Enniskillen Dra goons,—and it appears that while the masters were under stood to be still deliberating at the hotel, the troops from Birminghrm suddenly made their appearance at a hard gallop in the streets of Dudley, and the crowd almost as suddenly retreated up the various by-lanes and streets of the town. The troops (after the riot act had been read, as I am inform ed,) proceeded to clear the thoroughfares, and in consequence of some individual acts of resistance, or by accident, several parties have been wounded in a slight or a severer degree by the Dragoons. At 8 o'clock to-night the hotel was guarded qy the troops, and there was considerable excitement in the town. The chief of the parties who had arrived in Dudley in the earlier part of the day had, however, retired to the outskirts of the town, but it was feared that during the night outrages might be committed upon the premises of the gentlemen who re remained in Dudley, and who, after being taken prisoners in the morning, were still unable to return to their homes, at a considerable distance. BIRMINGHAM, TUESDAY EVENING. — The facts I hur riedly communicated to you last night prove in the main to be correct. It appears that the mob, wearied out by the procrastinated deliberations of the masters within the hotel, commenced an attack upon the gates leading to the back of the premises, and it is thought, that had it not been for the timely interference of Moon, the porter at the hotel, Mr. Mollineux, the magistrate, would have been seriously, if not fatally, injured by the mob. Dudley, during last night, re mained perfectly quiet, and the police force despatched by Mr. Commissioner Burgess returned to Birmingham at an early hour this morning; but it was deemed prudent to keep the military in the neighbourhood. The fears I expressed last night have been in some degree justified by the reports of to-day. The rioters, after retreat ing, upon the entrance of the troops from Dudley, proceeded to the out manufacturing districts, and this afternoon,:it was stated by persons arriving from the neighbourhood, that the nailers had congregated at Rowley-Regis, Craidley, and other adjacent places. There is no doubt but great excitement exists throughout the entire of the manufacturing districts; but I think the disposition to riot is greatly exaggerated. Another troop of Enniskillen Dragoons left Birmingham for the manufacturing districts this afternoon, and the Kings norton troop of Yeomanry were ordered to muster and take up quarters at Oldbury, but the latter order has been since countermanded. . _ There is no doubt but that it is the unsettled state of the workpeople, coupled with the events that occurred at Dudley yesterday, which has led to the adoption of these precau tionary measures. Absolute. outbreak, according to present appearances, if due precautions are observed, need not, I think, under present circumstances, be anticipated. The magistrates of Dudley have been engaged most of to-day in the examination of prisoners apprehended last night, some of whom have been committed, and others held. to bail to keep the peace. BIRMINGHAM, WEDNESDAY. — The Worcester troop of Yeoman Cavalry last night received a hasty notice to depart for the scene of the riots ; as many members of the troop as could be mustered accordingly left, late last night, for Kidderminster, there to await further orders ; and the remainder of the troop, in detached groups, have left the city during this day. The Witley, Westwood, Stourbridge, Bromsgrove, Kingsnorton, Evesham, and Tardebigg troops, have also been ordered under arms and drawn up in the neighbourhood of the apprehended danger, that they may be ready to suppress, at a moment's notice, any outbreak which might arise. BIRMINGHAM, WEDNESDAY EVENlNG. — Although af fairs remain in Dudley and its neighbourhood in a very fe verish state, there has not yet been any recurrence of the violence manifested on Monday. Yesterday afternoon there were, however, strong symp toms of disquietude, and additional troops were marched into the disturbed districts. Detachments of the Enniskillen Dragoons are stationed at lialesowen,Dudley, Oldbury, &c., and in addition to the Yeomanry being under orders to be called out at any moment, two pieces of ordnance have ar rived in Dudley, in the charge of a company of artillery. These appearances in the tewn last night, as might be expected, created no little sensation amongst the turn-ont nailors and miners. The Hon. Robert Clive, M.P., the Colonel of the Worcestershire Yeomanry, arrived in Birmingham this after noon, and immediately proceeded to Dudley. . _ _ Several individual acts of violence were committed, and the perpetrators yet remain undiscovered. Parties deemed inimical to the interests of the nailors were, to use a local ex pression, " slily dropped upon," and more than one very severely injnred. AN OMINOUS OCCURRENCE. — The village of Leyland has been during the last week thrown into no small consterna tion, by the sudden departure of the feathered occupants of the large rookeries contiguous to Worden and the vicarage. A simultaneous feeling must have actuated both colonies, as they took their flight the same night, leaving their nests and young ones unprovided for ; and, as they have been for years in their late quarter, their sudden emigration is looked upon as an omen not to be despised.—Preston Chronicle. THE ART UNION.—The sixth annual meeting of the mem bers of this society, for the purpose of distributing the prizes, was held last Tuesday, at Drury-lane Theatre, which was placed at their disposal through the kindness of Mr. Macready, one of the committee of management. It was expected that His Royal Highness the Duke of Cambridge wiuld take the chair on this occasion, but he was unfortu nately prevented in consequence of an accident he had sus tained, and Mr. Bond Cabbell was, therefore, elected to pre side in his stead. The yearly report was then read, annoi the _ ing the amount of subscriptions for this year to be £12,905, of which £8,900 were allotted for the purchase of pictures, and £4OO for casts. It wa s also recommended in th e report that a reduced model of s ome celebrated pieces of sc u l pture should he introduced among the prizes; and secondly, that the society should exten d its p atronage to the ar t of medal engraving, to which end it was suggested that a series of dals, illustrating the history of British art, should be e m m e. menced, and one die engraved every year, for which then should annually be set aside. Two scrutineers:wer elected, and two young ladies appointed to draw the prizes, which which were divided as follows:-1 of £4OO, lof £3O 6 of £lOO, 6 of £ BO , 8 x0r£,7404, l o 2 ° o f 0 26 0 00 f £2OO, 3 of £ l5O, 14 of £5O, 2 0 of £ 4O, 26 of £3O, 33 of 25 £l5 60 of £lO. In addition to these, 20 b 10 of plaster were distributed. The ronze casts and ceremony o f being concluded, a vote of thanks was p y drawing Macready for the readiness and affability proposed to Mr n affording the use of his theatre ; after whi c h he had shown man w „ t h an ked, and the meeting broke which the chair up. BIRKENHEAD CONCERT /II%RTEMPLETON, from the Theatres-Royal, Drury .I.VI la . ne and Covent - garden, begs to announce that he will give a CONCERT of Vocal and Instrumental Music, in the Assembly Room, Albion Hotel, Birkenhead, THIS. EVENING (Friday, the 29th instant), for which occasion he has secured the valuable services of the celebrated MISS DELCY, from the Theatre Royal, Drury-lane. Mr. E. E. F. SMITH will preside at the Piano-forte. PROGRAMME. - PART I Italian Duet—" Cedi al destin, Medea," Mr. Templeton and Miss Delcy " My Sister dear," Mr. Templeton " Thou Last stolen my heart away, Miss Deley._ Lindpaintner. Song— Ballad— Fantasia, Piano-forte—Mr. E. F. Smith. Song—" I love her, how I love her !" Mr. Templeton.. Auber, (As originally sung by him in the Opera of " Gustavus.") Song—" Friend of the Brave," Mr. Prince Recitative—" Qual mi circonda," Aria—" Dolenti e care imagini," Miss Delcy Bonfichi Cavatina—" Se ancor to tn' ami," JJJ Song—" My_Nannie. 0," Mr. Templeton Duet .. Scotch j "Take now this Ring," 2d movemeut, 1 1." Oh, I cannot give expression," I Mr. Templeton and Miss Delcy (From the Opera of " La Sonnambula.") PART 11. , / Duet—" When thy bosom," Mr. Templetrii and Miss Delcy, Braham. —" Oh, gentle Love," Mr. Templeton Auber. " My heart is sair for somebody," Miss Delcy.. Scotch " There lives a young Lassie," Mr. Templeton.... De Pinna. Duetto Concertante, Piano-forte and Violin—Miss Delcy and Mr. Rophino Lacy Herz and Lafont. Song—" The Wolf," Mr. Prince. Shield. Ballad—(by desire)—" Last May a braw wooer," Miss Delcy Song— Air—‘ Ballad— Scotch". Finale—Trio--" Zitti, Zitti," Miss Delcy, Mr. Prince, and Mr. Templeton Rossini. Doors to be opened at Half-past Seven, and the Concert to commence at Eight o'clock. Tickets, 4s. each, or a Family Ticket to admit Three, 10s. Tickets to be had at the principal Music-sellers in Liver pool; in Birkenhead, at WILLOUGHBY'S, POOLE'S, and the Albion Hotels, and of Mr. EASTWOOD and Mr. SMITH, Druggists. CONCERT AT MR. LASSELL'S ROOM, • GT. RICHMOND -STREET, ST. ANN'S. 4R. WEISS takes the liberty to inform his Friends and the Public that he intends giving a CONCERT at the above ele gan t R oom on THURSD - ty, the sth of May next, in order to Introduce his SON, just arrived from Paris, to a Liverpool Audience. Mr. WILLOUGHBY WEISS will be assisted by Madame BALFE, and his Preceptor, Mi. BALFE, Mr. DODD, and Mrs. ST. ALBIN. Mr. Weiss will feel paeticularly obliged by an early ap plication for Tickets, as no more will be issued than the Room can comfortably accommodate. Tickets, Five Shillings each, to be had at the principal Music Warehouses. EXTRAORDINARY EXHIBITION NOW OPEN EVERY AFTERNOON AND EVENING, AT THE ROYAL LIVER THEA7'RELIVIIRCILSTREET, A GRAND CENTRIFVGAL RAILWAY , 200 feet long, with a vertical Circle upwards of 40 feet in circumference, round which a Carriage 200 pounds in weight, containing a Lady or Gentleman, will revolve at the rate of ONE HUNDRED MILES PER HOUR, with perfect safety ; also, immense Iron Weights and Buckets of Water will be placed in the Carriage, and, although the whole will be completely inverted, not a weight or a drop of water will he displaced. Also, a brilliant Display of the OXY HYDROGEN LIGHT, with other interesting Scientific Experiments. Open from Three to Five in the Afternoon, and from Six to Nine in the Evening. Admission—Boxes, Is. ; Pit, 6d. Ebt Ltbtrpoot &tanbarb. FRIDAY MORNING, APRIL 29, 1842. We are compelled, although fully aware of the diffi culties- attendant upon the collection of an income tax, to enter our protest against that part of the machinery of Sir Robert Peel's measure, which was developed during the debate on Monday even ing. We are quite prepared to defend, in such a crisis as the present, the stringent imposition of the tax upon every description of income, properly so termed, and from whatever source derived. We are prepared even to overlook---and the public, we think, are similarly disposed —any trifling inequalities in its pressure upon individuals, or classes, rendered necessary in order to facilitate the collection of the tax. But we cannot carry this acquiescence so far as to admit that a man is to pay upon an income which he does not possess ; and that, merely, in order to adhere to a uniformity of plan which we can see no imaginable difficulty in breaking through, in every case in which an adherence to its re quirements would involve injustice to the taxpayer. To enable our readers to arrive at a perfect under standing of lie question before us, we shall give a short extract from the speech of Sir Robert Peel on Monday night, in reply to objections urged against the injustice of the mode of collection upon a particular class of incomes : " The bill followed the description of property as it was estimated in the act of 1806. It classed property under five different heads—under five different schedules—and it did so very properly, because the tax on property under each of those schedules was to be levied in a different mode. In re spect of the property of landlords, the tax was levyable from the tenants; in respect of the property of the tenants, it was to be taken on a calculation of half the rent ; in respect of property in the funds, the duty was to be stopped on pay ment of the dividends ; in respect of the incomes of public men, it was to be stopped on payment of their salaries ; and in respect of professional men's incomes, it was to be taken on an estimate of annual receipts. He apprehended, there fore, that for the purpose of levying the tax, it would he de cidedly necessary to retain the schedules, and he did hope that in coming to the consideration of this subject the house would bear in mind that they were not merely determining how the tax should be levied at the present time, and in a period of peace, but that they were determining the principles it might be necessary to have recourse to hereafter, and in a time of war. (Ironical cries of " hear, hear.") What he meant to convey was, that it was particularly desirable to take care that in every attempt to meet the justice of a particular case they did not admit frauds which it might be difficult to cor rect, and also that they ought to bear in mind that the dan gers arising from those frauds were to be estimated not merely from the effects resulting from this temporary inconvenience, but from the precedent which they might establish for future occasions. (Hear, hear.) Now, the proposal of the hon. gentleman opposite was, that supposing a certain party de rived income from one source and sustained loss in another line of business, they ought to set the profit against the loss, and estimate his income by the balance. Seemingly this pro position was a just one, b u t a t t h e same time they ought to consider whether, if it were just in a particular case, there were not other cases in which it might not be productive of great frauds." (Hear.) Upon this principle it will be seen that if a man is possessed of property, landed or household, to the amount of £5OO a-year, and has, in addition, a business by which he loses that amount or four times that amount, he will be called upon to pay the income tax upon £5OO a-year, although in reality he possesses no income at all (!) and this for no other reason, appa rently, than because his real property is in Schedule A, and his professional or business income in Schedule D. If the same individual exercises two different trades or professions coming under the same schedule, from one of which he has gained f5OO a-year, and from the other sustained a loss to a like or to any amount, in that case.he is allowed to set the loss against the gain, and is 'chargeable upon net income alone. Again, we will suppose the case of a banker receiving deposits at a low rate of interest and deriving his profit from the employment of that capital at a higher rate. In the course of his business, and as a part of his business, he invests in exchequer bills, annuities, or consols a large portion of his capital,—as affording the best cur rent interest, and, at the same time, leaving that capi tal readily available for any emergency. In this case the difference, only, between interest received for in vestments and interest paid for deposits, deducting ex penses of management, cost of establishment, bad debts, &c., constitutes the income to be taxed. But because dividends derived from the public securities are taxed under Schedule C, the income tax (as we un derstand the operation of the measure) will be collect ed upon the gross yearly or quarterly proceeds of the capital invested, instead of, as, we Contend, would be the justice of the case, upon the actual profit derived ! By such an application of the measure, it is manifest that, during the continuance of the income tax at least, no banker or merchant can ever dream of invest ing his surplus funds, even temporarily and for safety in any tangible property or upon government security. It is argued, however, by Sir Robert Peel, in vindi cation of the necessity of adhering to the strict appli cation of the measure as first introduced, and to the machinery of the act of 1806, " Suppose a gentleman possessed of landed property, the deductions on account of which would be made from his te nants—but supposing that gentleman to enter into extensive and unsuccessful schemes on property of his own, for increas ing th e val ue of his land—was a person so situated to have deductions made on account of his losses ? (Hear, hear.) Or, supposing a large landowner to possess a West Indian estate, which proved very unprofitable, was there to be a de duction on such an account as that ?" With respect to the first of these suppositions it is somewhat surprising to us to see it urged, in the way we have it here, by Sir Robert Peel. If a gentleman enters into extensive speculations for the purpose of advancing the value of his land, whether successfully a pplied or not, the money so expended will b e treated, we imagine, upon the same principle as money laid out in alterations in Schedule D, and wilt