The Express.
London, England, 1848-08-03 00:00:00

PROVINCIAL.

WORKING RELAYS IN FACTORlES.—Yesterday, at
Manchester, an information was preferred to the magistrates
under the Ten Hours' Act, at the instance of Mr. Horner,
fectory inspector, against Mr. James Kennedy, and Co., for
an alleged infringement of the provisions of that measure.
The information charged that on the 28th July last, Sarah
Overend, " a young person under 18 years of age,_" was per.
tallied to work in the factory for a longer period than ten
hours, as calculated from the time at which, according to the
notice posted up in the mill, work commenced on that morn-
ing, which was half-past 5 o'clock. The girl was called in
support of the case by Mr. Cobbett, barrister, and she stated
that she was htteen years of age, and began to work on the
morning in question at half past five o'clock, and left
off in the evening at half-past eight o'clock ; but
that in the course of the day she was absent from the mill
from t. n minutes before nine o'clock to twenty minutes be-
fore two. She had worked in the factory about ten hours
on that day, in the whole, and never exceeded three hours.
—Mr. Erie, for the defence, contend d that as the party
was not worked more than ten hours, the act had not been
infringed, and he quoted the 26th sec. of the 7th Vict.,
which said " that the hours of the work of children and
young persons in every factory shall be reckoned from the
time when any child or young persow shall begin to work in
the morning in any factory, to he reckoned by a public clock
placed in a public situation where it can be seen by the pub-
lie, under the certificate of the inspector of the district."
These words, he contended, were net to be taken literally,
but that the aim of the legislature was obtained if a young
person" was nut absolutely employed more than ten hours
during the whole of the working day; so thatin this instance,
as the girl had positively sworn she was not employed more
than ten hours, there was no case. lie urged that as the
relay system was expressly provided for by the act, it was
preposterous to suppose that the legislature did not contem-
plate the adoption of a similar system with respect to persons
older than mere children ; that in fact it wan absurd to sup-
pose that children under thirteen years of age were to be
allowed to work relays, and persons of fifteen were not.—
Mr. Cobbett replied, and the magistrates, after a consulta-
tion of three quarters of an hour, stated that they had come
to the resolutnin of convicting. After r. careful readiso of
the act they had come to the conclusion that the
26th clause must be interpreted literally ; but they sup-
pared that the proceeding in this case was not for
the purpose of inflicting • penalty, but with a
view to getting the opinion of the court recorded for the
guidance of the public—Mr. Cobbett said that was certainly
the principal object —The Court then inflicted a fine of 20s.
—There was a second information, but it was withdrawn.—
Mr. Erie requested • written conviction, bearing upon its.
face the facts of the case, in order that if the defendants
should make uo their minds to resist the penalty, and a dis-
tress warrant should is issued, trey might be in a poratiori to
b•ing an act of replevin, and so to take the question before
the superior courts.
RAILWAY CASUALTY. —CHARGE AGAINST THR
ENGINE-DRITER.—W. Bake, an engine driver, in this ser-
vice of the Lancashire and Yorkshire Railway Camway, was
brought up at the New Bailey, Manchester on Mor.daylast,
charted with a neglect of duty, in not obeying the signal
light.—Mr. Simpson, assistant stationmaster, Miles Plot-
ting, etated that Bake had been driving the Heywood train
on Sunday Lid; and he was coining to Man•zrester about a
quarter- tlO o'clock at night, when, as soon as his engine
appeared under the Three-arch Bridge, bout 900 or 1,000
yards from the Miles Platting station, the red signal light
was turned towards him, to warn hire to stop, in conse-
quence of the train from Ashton approaching towards the
station, on its way to Manchester. 'rue night was wet and
dark, and neither engineer could see the other train until
they were both near the station 'where the Ashton branch
joins the main line. Bake did not take notice
signal, but passed it without slackenii
consequence was that his engine str
Ashton train, and broke the back I
but none of the passenger...re hug.
Mr. Riges On prisoner's solicitor, 017
he could no:. tell whether the

reversed, o: his brakee were on, lei
the traiL, because of the darkness
night; but they were se when he
weak De=Kt, who had charge

not take not.ipiLd the
keenii tr re 6kesi of •
ek We jut -
hua. sower 7;
itiSAJ
prisoner.* =grins ‘••s; 00.
orheellis ,engine 14".1k•
re aid wetness of thoF -71
• exalkineel *au after. ,
of tile Opel post, sit
•

i1-.1w-iii----

tie et, when he saw the Hey wood train come from undo r the
Three-arch Bridge, he signalled with the red light for it to
stop. as the road was out clear; and when the train was
coming up, he sigirstled with his hand-lamp, by waving it
about. Had it not. been for the driver of the Ashton train
acting cautiowly, by putting more steam on when he saw
the Heywood train coming up, and getting before it, the
damage might have been more serious. Bake had always
been • sober and well conducted man ; he ha never
The
heard of any charge againgst him before.d
prisoner's solicitor said teat, when his client paced
the signal post, there was then no red light up, it
was nut until he was close to the station, end saw the
watchman on his platform waving his light, that be was
c▪
are the line was net clear. He immediately reversed his
engine, and shut off the steam. The fireman, who was
on the train with Bake, stated that there wee no red
light shown when they were coming up ; them was a
white light up, to let them keow that a was clear.
When they were approaching to the signal post, Bake said
at t
to whe ratee
of, .• AU
ten or tis clear, Toni."
welve miles can h our were then .
g na
When
they got within about twenty yards from the platform at the
Station, they saw the watchman waving his lamp, and he
then put the :',ranee on as tight as he could, and Bake re-
versed the engine —J. Hulme, in the employ of the Lanca-
shire and Yorkshire Railway Company, said that he was a
passenger in the carriage which wet, struck. When he got
out nt the cirri age he went to Simpson, and asked him how
the accident happened. Simpson said, "Say nothing ; keep'
it quiet." 'I he red signal was then up, but it was not
up when the prisoner's train pulsednobody, however
was at the lever. They might have turned the signal after
the train p isa el, and before the accident happened. He
thought, from what Simpson said, that the signal bad been
neglected.—kle. Trafford said that it was quite clear that
either the prisoner Or Simpson had been guilty of a most
growl neglect, and the inquiry into the matter would be best
answered theprieoner to the quarter sessions. lle
should call upi n the prisoner for two sureties in NI. each to
answer the charge at the sessions.
STAVFORDsHIRE.
INCOIIPORATION OF WOLVERHAMPTON. Mr.
George Benjamin Thorncycroft, the first mayor of this
newly-inc irporated borough, gave a dinner on a grand scale
to his friend, in the town and county, at the Swan Hotel,
at Wolverhampton, on Tuesday evening. About 160 gen-
tlemen were present. i,.cludiug Lord Ingestre, M.P., the
Hon. Col. Anson, M.P., the Hon. C I'. Villiers, fel P., Mr.
Thomely, M.P., and others of less note in the county. Mr.
Thorne! croft, who is entirely the architect of his own for-
tune, has signalised his acknowledgment of the honour con-
ferred upon him ty an act of the noblest muailiceuce. In a
letter read at this dinner he announced his purpose to iavest
the sum of " one thousand pounds," in the names of trus-
tees, the interest of which to be annually devoted to the die
tribution of II ninel and other articles of wearing apparel to
the poor of Wola rhampton, without any reference what-
ever to their religious end political bias. The donor is him-
self a Wesleyan, and is the well known and eminent iron-
master of the same name. The esteem (say s nur correspond-
ent) in which Mr. Thor neyeroft is held emends to all who
hare ever in any way hadoossorn with him.

against Hs encrale• alone—that them deplorable doctrines should
have been boldly presented before that tribune end subjected to thr
ordeal of a micron disciceion. The great principles of fanztiles and
of property on whilh social order rests aro not among those anti.
quoted privil,ges which have no otti.r fo. cc than that derived from
the time, or the silence that surrounds teem. They are principles—
eacred, hidestructible ; which so human reasoning, however auda-
cious, cart overturn, and which may be argued in open day. It Is
ever of importance that they nisould be so, sad that argument may re.
Wabash all that It has shaken. We have a right to demsnri of these
who out of this aerembly_are so daring In their denial of ail
at
principlen, the they should preserve in your presence a little of that
hardihood, and produce before yourselves the doctrines which they
reserve for a multitude too easy to deceive.
The financial section of M. Proudhon's scheme is
dismissed by M. Thiers with a very summary array
of figures, proving that its anticipated profits were
enormously, exaggerated. The author had estimated
the value of the " one-third of all rents of lands and
houses, of the interest on mortgages, on shares, pro-
missory totes, and public securities," as amounting to
three milliards, of which the half accruing to the
state would be 1,500,000,000 f. • nearly equivalent to
all the actual receipts of the budget. The calculations
in the report, founded upon the most recent returns,
present a prospective return of only 200,000,000 from
real propetty ; .12,000,000 from interest on mortgage
and other securities ; .58,000,000 from the tenter
d'etat ; and 20,000,000 from shares in industrial com-
panies. The total amounting only to 320,000,000 f. :
That is to say, proceeds the report
To WO millions from this new impost, which wog to hero been, we
were told. 1,500,000;1:00 ; and which should hove enabled us to re-
duce or suppress the la: of 45 centimes, the import on mortgages, on
suclaaelotat, on patents, on malt meat, tamers, ice.; that It, to replace,
perhaps, 3.0,0011,11e0 of rariorm contributions, to found disouunt
banks, territorial hanks, and to give the sioal of production to the
whole industry of Fr ante, by guarantainirailemand for its plualuctions
equivalent to that of the periods of highest prosperity I 10,000,000
to replace more than 3410,000.0.0 of tato% end to perform all
there marvels—such is the mode in which, In the new schools of Me-
pumice, the means ate attjuated to the end!
'the most incomprehensible section of the scheme
t. nder review was that containing the author's singular
notions on the subject of credit. The debtors were to
go shares with the btatc in the reduction of rents and
interests, and the amount, by whichever tariff we may
choose to estimate it, is reprebented by M. l'roudlion as
constituting " a reciprocal credit accorded by citizens
one to another." The committee very naturally com-
plain of the difficulty they experienced, atter much
trouble and many explanations from the author, in
comprehending his meaning. Nevertheless they en-
deavour to explain it as fur as they have succeeded in

LINOULNSHIRE.
THE KIRTON MURDER AND RORBERY.—Withoat
entering into a 6iscussion of the merits and demerits of
capital punishment, we ( Lincoln Times) commend to notice
a case just tried at Lincoln Amizes, as affording what seems
a strong illustration of the manner in which that punishment
sometimes defeats the ends of justice. At the Spring Assizes
a man named Travis was tried for a murder at Kirton, and
acquitted, much to the surprise 01 many, who thought that a
clear case of circumstantial evidence was made out. On Fri-
day he was arraigned for a highway robbery, accompanied
with violence, aud on the very eccmion out of which the
capital charge arose. Th • evidence in support of the laser
charge was pr.:eist ly the same as that which had previously
bet 11 adduced in support of the major one; and yet that,
which before Paled to coi.vtnce a jury now sufficed to elicit
aet rdict of guilty. We have noshing to do with the laxity
of jurors' morality which takes into consideration the ulti.
Vats consequences rather than the justice of a verdict.
Our purpose is simply to point to a new edition of an
old tact, namely, that a man accused of murder was
acquitted, apparently for no other reason than that his
conviction would have been followed by a punishment
which many regard with no unconquerable abhorrence, while
no hesitation is felt in leaving Lim to the mercy of the law
when life is no longer in jeopardy. Travis has made a full
confession that he. and .to alone, murdered Mr. C.pensan.
Be admits robbing the deer ased of the enact amount stated,
viz., four sovereigns ; that Fell a evidence as to his having
placed his hand upuu the gate, of his having burnt his shirt,
eke., it all true.

BES.*L
IloasnAm ELecnoN.—The qui tam action against
the Attorucy.General fdr bribery at a recent elec ion at
Horsham, when his ton was returned (since unseated on
petiticn) has been _withdrawn. The Cite was entered Mc
" Newmarch v. Sir John Jervis, Knight," and was to hose
been tried to-m-rrow at toe I,.wes assizes ; but the special
jury were yesterday informed that their servici-s would not
be reqvir, the matter having tone off for the present."

DEVONSIIIitE.
ALLEGED DEATII PROM SEA SICKNESS. The
Hants Independent stake that Mrs. Fret r (who, together
with her husband, Mr. H. Frazer, ban been fulti ling an
engagement at the Portarnowh Theatre), • left South-
ampton on Friday afternu,n. in the Brurawick steamer,
en route to Exeter, at which city they were engaged
to perform on Monday last. At her embarkation Mrs.
Frazer enjoted her usual health, but during the voyage the
became most furiously iffected with sea sickness. Partxyans
succeeded paroxysm of that violent and distrtssing nausea,
until, totally exhausted, this unfortunate lady expired in the
arms of her husband at about one o'clock on Saturday morn-
ing. The body was conveyed to Plymouth, where a coro-
ner's inquest was held upou it. Mr. and Mrs. Frazer spent
the evening of Thursd-y with the family of a highly respect-
able gentleman, on which occasion Mrs. Frazer expressed
her dread of the Torino, from the invariable suffering which
she had experienced on aimiler ocsaaiona.

seizing its purport:
The Foetal progress% according to Citizen Proudhon, woo emoted
since the 21th of February lot want of credit. Capitil refuses its If
to labour: by forcing capital to give, because it will not lend itself, the
proemss will be reasstablisliest The proprietorof house", of land, of ties
dins, In remitting a p ott ion of what team to him to the fanner, the tenant
or the debtor will place them all in a condition to produce. it will
be an advtuice w Inch he will make to them; and this IlliVllooo will is
some measure be reciprocal, for every one in =dent is by [unto debtor
and creditor, tenant and pntprietor. one will receive nil that he
expected, but then he will not pay all that he owes. More than this :
the debtor for rent or intereot, paying one-sixth less than was due real
be able to sell hio produce cheaper, and the proprietor or the creditor
=nay deprive s 1 tit a pert of hie revenue will Mid in the dim i t
price of all commodities s reimbursement of the sacrifice
which he will Aare made. latiniuvely no one will hove lost anything.
This measure will have Moms by an attenuation of the rent lead for
capitol, used or Coating, and ended by an attenuation in the met of
all the productions of earth and of industry. It will he an advance
made by capital to labour, and which labour will repay with profit
Having stated M. Proudlion's case for bun far
more forcibly than he could ever state it for himself,
M. Thiers proceeds to examine and demolish in detail
the assumed advantages of his project. One great
objection to the scheme lies in the enormous injustice
of its asaessment. capitalist who uses his own
funds, or the landowner who farms his own acres,
are exempt from any part of the impost. Those who
lend their land or cash to another arc mulcted in
a heavy fine—a circumstance anything but comer-
raging to the future " advances of capital to labour."
Two householders who live in their own tenements
escape scot free : but if convenience should induce
them to change reciprocally their abodes, and dwell
in one another's houses, both must pay the state
moiety, at least, of the impost. But the absurdities
of this description are endives. M. Thiers calculates
that only a third of the land is let on farm, and
chiefly that belonging to the poorest proprietors; and
that of the investments :n the funds and upon mort
gage the great mass belongs to—
old servants, employes, and ua ill dealers, who have L.bourcd all
their lives to 1.0tn1,1111/4: a few thousand francs, and who seek in them
Investments the smut ity of their capital and the fixity of inmate. It
is in sutras of 2,0011, 3,000, or 4,1=1 francs, and by tI•VeTIUMI of WO of
200 ft ones, that the capitals placed out on mortgages in the provinces
must be recloned.
All the objections it is possible to urge against the
most oppressive income tax are applicable here, and
we find besides in this project evils peculiarly its own
in the irrational law by which its action is induced or
withheld ; and its selection, or rather non selection of
the classes who are to be injured or relieved by its
operation. What are the chances that the creditor
will recover all or any portion of his loss by the
diminished cost of the commodities he purchases?
Will the producer be enabled to sell cheaper; or, if
able, is it hkely that ho may be willing? " When
any sensible reduction," observi s M
Is mule so the prime of the raw materials which simply induotry, or
in the expenses of every kind which compose the prime coot of
production, it sometimes but not always happens that the price of the
articles produced is also lowered, and a cheap market may be the
con'equence, because the producers, incessantly =Moult to attract
home, are induced to cheapen their goods to the point when they
COW.* to gain enough for toot subeiatence. But for this to be so the
diminution of cost price nowt be rentable and general ; otherwise, if
it be tralicg, or confined to iodividuals, the producer keeps tee profit
to himself, and leaves no =are to the buyer. Suppoee you have •
farmer who par% a rent of 12,001. f., and who must sell his crops lee
36,0tatt, to ply rent, taxes, inter, et, mid cost of production. If he
should obtain. by the sudden abatement In the terms of his lease, ea
advantage of 2,000 f., and conscemently the ability to eel! bis
corn one franc cheaper per hectolitre, do you think be
would be ill o hurry to reduce from 20f. to 19f. the price
of his hectolitre Evidently he will retain for himself the
whole of the advantage, especially if the new comlitlone given to
him are not general, Lut limited to one portion cif the territor. leo
you believe. again, that a dialer in one of the fashionable ou.rters of
! Par who piyl 4,0001, or 5,0a0f. rent yearly for the chop in which he
I wil hi, his jewellery, or his furniture, who has expenses et
25,000 f. or 30,000 f., and is obliged to do burliness to the amount of
150,0e0t, 201tte1nf., or sometimes 300,000 f., and to whom you ha,.
saved 100 or 1,00451. in rent, can afford to sell much cheaper the
200,000 f. or 300,0001-. worth of merchandise upon which his
the
depend! Supposing nhe wished to give the lineal:user all the ad-
vantages you have granted hint, he could hardly reduce his pram one
half per cent. "Although," continues the report, "such chimeras herdly
drat ve to be discussed, it le not 114e1C11, to expose th mie-calculatione
On which they are based. This pretended reciprocal credit, which wan
founded upon an equal sacrifice imposed upon all, and upon a return
of eneapnets from which all would equally profit, is then a pure
foible ; tor the sacrifice is only %mimed on wouldi, and is but
slightly profitable to sonic few others, who share that profit w th
nobody.'
Lastly; will the scheme even fulfil its design as an
advance of capital to labour? Will it set industry in
motion, and stimula.e production?
Transport yourselves into there rich quarters of Paris of which I
have spoken, whore the merchant is obliged to make sales to 155,0001.
or aoo,ooof. yearly, in order to secure a fair return, and must there-
fore diPpose of 10,0001. or 25,000 f. worth per month. Inquire of him
about his present position, and he will tea you what some of them
have told to myself within these few daps, that independently of the
family misfortunes, for there ere street. where there are seven or
eight dead and • dozen wounded, thanks to certain doctrines—
he will tell you that sometime they have not sold I,ooof. worth
of gaols in a month. I have heard of one who, during
four months had scarcely taken a few hundred frame. What dais-
renm eon the tariff of their rents or taxes make to these dealers,
if their commerce could but recover come of eta Cornier activity! It
Is not the want of a few hundred cranes to carryon his trade, or me-
dusa his agriculture, which to-day forma the ehtticulty of the dealer
merchant discontinue hie purchaees from the manufacturer, and
the manufacturer to stop working, for tear of finding no vent rOr his,
gOO am: the operative, left without employment, to have difficulty j
In paying for his foal; and the raw materiaß accumulating in the !
bonds retiehoume, to cease sup!'yhig dude, to the exchequer, that
the credit , the kat is shake . and with that the credit of the
whole world. Restore some Peck. ivy to taut oho papooses hours,
lands, invests. capital; J. him be tid his rev,. nee, and he will first
pay his taxes, a then a. I return hon him the taste for consuming
when he shall I. :ve reoovs. ed the rn! ins of pa). tat and when, hiss
prudence being el longer a armed, h, shall not la- prompted to hold
hie money in reservegrains. thcre col tingenciee u. bah, Judging by
what has happoied, every sae le only too well tat:tied in waist-
paling. ibis strange system of "reciprocal credit" is, then, exactly
the reverse of what a, now required to istabliab windsublc and p irate
credit. The author tells us that he wishes to up the ,tine
clock, which Las etopped. We reply that he would break It. With
much violence and the overthrow of every principle, he will
barely extort st lew trifling sums to ex' end them in fraudu-
lent gifts to all those to whom they will not be profitable; and he
will arrest in the same moment char abundant current which restored
COOll4l nee would mum to thaw =roughen the channels or production.
Consolidate property, awl secure it; and tone acting with the power
and the universality 01 nature, she will pour out ber capital upon revi-
vified industry. On the contrary, alarm t; and she will vanish, she
will eseape from all your violence, and will fly away, leaving you,
with your misery, flatting but the disgrace of your odium, conduct.
It seems strange that truisms and axioms like the
above, fit only for the veriest children of civilisation,
should furnish the materials for a grave state paper, and
occupy the abilities of the ablest logician in France.
But the explanation lies in the inexplicable condition
of society at present exiseing in that country. The
French are not children ; but at certain intervals they
let children govern them. For some months it has been
necessary to adapt to the most untutored and inex-
perienced capacities the arguments which were in-
tended to reach the minds of those who ruled the
excitable populace of Paris. We perceive that the
assembly has bat fulfilled the anticipations of the
select committee by rejecting, almost unanimously,
the confiscatory preposition of M. Proudhon.

LITERATURE.
Al. 'liners' Report on l'rowihon.
The Communist writers of France, remarkable as
they are for their vehement advocacy of what they
term the " rights of man," are yet more remarkable
for the obstinacy .with which they deny him the
chiefest of these rights— that of enjoying the fruits of
his labour in his own way and time. According to
their doctrines all saving is anti-social. Accumula-
tion, therefore, becomes criminal, and property
" theft." That quality which, for want of a better
term, Mr. Senior calls "abstinence," they utterly re-
pudiate. It i the quality by which the man who has
created or produced a value, is prompted to postpone
its consumption. Nothing, of course, but the
expectation of sume higher enjoyment can occasion
this act of self-denial, and as the results are
generally considered beneficial to society, few
theorists at leapt, on this side the channel
—but have admitted the justice of satisfying,
within repair:able limits, this expectation. In virtue,
consequently, of the " abstinence that must have
been previously exercised, the capitalist is considered
a lawful creditor for the interest of his loan ; and the
landlord for the rents of the field and the house he has
enabled his tenants to enjoy. We are justly grateful
to the power that has cultivated the waste and peopled
the desert, covering land and sea with the storehouses
and the trophies of wealth.
M.Proudhon 'tea in abstinence an unmitigated evil.
It destroys the beautiful simplicity of his theory of
equality. It complicates his system for present action
with so many perplexing consequences of the past.
He would have every man start fair in the race, not
only once in his life, but daily ; and he finds every
day some new apportionment of the various clogs or
aids among the individual runners. As an impartial
umpire he has recommended the readiest possible
method of adjustment. But the time was not yet
ripe, and the ethics of Le Peuple Reprgsentant being
somewhat too strong for the national digestion, that
journal was included among the number suppressed
" temporarily " by the rescript of General Cavaignac.
Superseded as a journalist, id. Proudhon fell back
upon his privileges as a representative, and forced
upon the national assembly the consideration of a
scheme in which his old doctrines were nerved up in a
diluted form. His old quarrel with "abstinence," and
its heritage of recompense was still urged, but he mo-
dified his plan of confi.cation into a tax of 33 per cent.
imposed only upon some of its forms, and of which
a moiety only was assigned to the injured, that is, the
indebted party. Special reservation was made of the
right to consider, hereafter, the whole question of pro-
perty, and determine what the laws of natural justice
required to be done with it.
M. Thiers, as the reporter of the committee ap-
pointed to examine M. I'roudhon's scheme, laid before
the assembly the elaborate julgment of himself and
116 colleagues upon the whole subject. This paper is
rendered especially interesting by the circumstance
that it has occasioned M. Thieve' first re-appearance
in pubhe life since the memorable 24th of February.
But excepsing on account of the extraordinary vogue
hich the dectrir.ee had obtained,the inquiry was wholly
unworthy the talents of the eminent " reporter." He
appears himself ashamed of the task he had to perform
in detecting fallacies so transparent, and combating
propositions so absurd. And he complains, withmuch
Justice, that the author has not treated the committee
fairly. Ilia scheme was presented to them under dis-
guise and misnomer. It was prepared for one pur-
pose and labelled for another. A design against the
rights of property was concealed under the title of a
mere project of finance; and, unfortunately, the eti-
quette of the assembly obliged the members to consi-
der it as nothing else. The scheme must be treated
as what it pro'eased to be, not as what it vu.
Your cduunittee have much !Incited that the true ground whereon
this question ehould lave beer, dl cursed was thus abandoned. They
would hays wished. and you no doubt participate in that desire, that
the antisocial doctrines by which a blinded multitude are excited, by
mans of whicbthey are rooted to abed the blood of Miaow and to
Wit slab* their ccantrl the Wealth that °velum ho dreaded

CLERICAL.
PREPERMENTI3.—Rov. F. Henson, to Ridlington C., Rut-
land, des. Peterberough.—Rev. R. Leggett, Claydon C. and Coddes.
ham C., Suffolk, dio. r. —Bev. J. Tidemore, LLB., to St. Mary's
C., Leicester, die. Peterborough.
VACANCY.—Kirkstall P.C., Leeds, dio. Rip., 141. ; pat.,
truateeacd vicarage; J. Ware, dec. •

NAVAL.
idovrmiwre.—At Gibraltar, July 24 Polyphediue, et.—
July : ILe Merlin wag at Lisbon, expecting to be relieved, to pro-
ceed to the Mediterranean on the pwket service.
Powramourg, Avo. I.—The Dragon, et: frigate, under
lbe temporary ermunand of r.Upt. the Ike. 0. Deathly% left lipitheed
this morning, far Dublin, with the Coet Defence &tide.

THE EXPRESS, THURSDAY EVENING, AUGUST 3, 1848.

and fro with a light, in front of what he then considered we.
• dead wall. He WM induced to watch the light
and the
person, front believing
he Out DO one lived. at the
sIT:t immediatelyam presently, ga e an saw A.tmes ,print up.
squint of the prosecutor weat to the spot where t
thinhe fire wa
bluing, and found the wheat stack one mass of e, Thiss
stack was wholly consumed. A stack of reed also had just
caught fire. Mr. Jeffery and the servant went outside the
kedgd and saw the prisoner standing in the road. On their
corning up to within a few yards of him, he said, " I did it,"
and ran away. They, however, re-took him, and brought
him to the house, where a constable searched him, and found
in his pockit some paper and a Inciter match. It appeared
that, earlier in the day, the prosecutor's son had seen him
sitting under a shed near Torpoint, with a ben
of lucifer matches in his hand. The prisoner,
mere than once after his apprehensi .n acknowledged
that he did it; and, on his being conducted to
gaol, said that there were others bvsitles hint.
self engi ged in ttho deed, but that be must hear the
blame. No motive for the commission of so diabolical an
act was suggested or hinted at throughout the trial. The
prisoner was found Guilty, and sentenced to fifteen years'
transportation.
Ni,. putts CM.RT.
MAOO' AND ANOTH EDO. VICC—TRURO AND ST. AGNES
RAILWAY.—The plaintiffs in this cue are solicitors residing
in London, the surviving partners of the firm of Edwards,
Mason, and Edwards, et Delahay-street. The defendant is
a merchant of Truro, and the action was brought to recover
Net , as the cost of proceedings adopted by the plaintiff', as
snlicitors, in furtherance of a scheme of railway between
Truro and St. Agnes. This railway was projected in the
autumn of 1845, at a time when the whole country was rife
with schemes of &similar description. The length of the line,
with branches, was about 15 miles, and the cutal of the corn-
pony we. intended to be 150,0001., .o be subscribed in 15,000
shares of 101. each, depo.sit 11. Is. per share. The deposits, how-
ever, were not paid up to any considerab.e amount, and
therefore in the early part of 1846 it was resolved to give up
the scheme for that s-ssion. The plaintiffs now brought
this action against the defendant a. a provisional and ma-
naging committee min. On the part of the defendant, how.
lever, it was submitted that plaintiffs were among the ori-
ginal coneuters of the line, and that they Linked to the <ie-
poAt money as their Pource of remuneration ; or that if they
were retained as solicit irs it was by the original promoters
of the line, and the co.nmittee men were not liable.—Verdict
for the defendant.

NORTHERN ClRCUlT.—Dsititut, Aeo 1.
Isefore Mr. Justice
IMPORTANT TITRE CAUNE.—This was an bails directed
by the tithe commissioners, to ascertain the right of the
rector of the parish of Middleton.on-Teesdsle, in this county,
to the tithes of the hay in certain pert! of the township of
Eggleston, in that parish, or whether the claim was not de-
feasible by a modus which had been paid in lieu of the hay
tithe for a period t f 120 yearn —For the defendant it was
Ilium that a snafus of 161. 19s. 2d. had been paid by Mr.
Hutchinson, the principal landowner in the township of
Egglestoo, in lieu of all hay tithes within the towie,h' p, ex.
cepting a farm railed Fogireytheaite, some glebe 1 inds, and
some 400 acres inclosed undt ran act of parliament. A sub-
sequent iiielosure act had bete obtained, under which abut
1,200 acres had been recoverd from the moorland ; and
somewhere about 6,000 acres yet remained to I.e inelescd
The payment of the modus for the ancient ene!o‘urts was
satisfactorily proved, and was partly admitted by tke plain-
tiff; but the real question in dispute was, whether
the modus wu to be considered to cover or to
regulate the proportionate demand for tithes on the
new enclosures. The whole case wu one rather
of law than of fact. All the mi terhil facts were that the
modus had been paid for above sixty et art, and during three
sueccuive incumbencies, and that the rector had never re
fused to acknowledge the validity of the moduli until the
uwistent tithe commissioner had made some decision which
I qualified the rectorial title.—Mr. Manisty, for the plaintiff,
contended that the issue as framed bad net lie-u proved ;
and alh-ged that if the matter at issue had been oth.s than
it au—the validity of the mains no far a. regarded the
ancient lands alone—he should have been fully pr pared to
go into the case, and establish his right to a deciiiion.in
favour of his client —A long discussion arose as to the ad.
missiliility of certain documents, and the bearing of the evi-
donee on the issue; and Mr. Know:es requested the judge
to amend the hews or receive a special verdict, both of which
propositionithis lordship declined to accede :o.—Ultimately
his lordship recorded a verdict on the issue in favour of the
plaintiff, hut, at the same time, took the opinion of the jury
' OR the facts, and they returned a verdict that the payment of
the modus for the ancient lands lied been made (or above
sixty year, and under the incumbencies of three succeeding
' rectors ; but on the latter was endorsed • protest of Mr.
ManiMy, to enable him to bring forward his evidence in any
r 'cue to which other decisions of the assistant commissioner
might give rise.

MIDDLE'EX SESSIONS.
Before Mr. serjeant Mara,
Irritriat. Istratooommasa.—J. Bond, whose rime has
frequently been before the public is connexion with gaming.
house prosecutions, was brought into court in the custody of
an officer of Whitecross street Prison, an order to that effict
having been issued by the learned judge.—Bond, aas.sted by
a Captain Riley, had preferred indictments against several
persona for keeping Raining-houses. In consequence of
matters already reported at length in this Aper, the court
directed Bond's recygniiencia to be entreated ; but at that
time the trial of the last o! the indictments had been. fixed
for the adjourned session it, the present month, and Bond
wan under recoenisances to prnseoute. The usual process
on an admit was issued from the officb of the clerk of the
peace. and the sheriff took Bond into custody upon it about
ten days ago. A writ of habeas corpus was obtained, and
a judge at chambers was applied to to discharge Bond
son the ground that the recognisance by which he woo bound
to ptosecute at the August adjourned session could nut be
estreattd before the day fixed for the trial. The judges
referred the matter hack to this court ; and as Mr. Serjeant
Adams had no power except when on the bench in erasion,
Bond had to remain in risen until the present sittings of
the court.—Mr. Serjeant Adams now told Bond that it was
quite clear that the arrest could nat be made before the d.iv
of trial, and that the court had never intended that it should
be.—The court regretted that the arrest should hare taken
place in error, and all it had to do was to order his imme-
diate liberation. The court had no power to require him to
crier into a fresh recognisance to appear at the adjourned
'tension to prosecute, the arrest and imprisonment haring re-
leased him from the original one.—Bond was then set at
liberty.

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