The Express.
London, England, 1853-01-25 00:00:00

WINE Du nEs. REDUCTION.

11..ittv futellicience.
EQUITY COURTS.—YESTEADAT.
SINGS fictsCistaceu.oa M 4 We. Pass Were.
kloVa e. BisaDLIIT.
His Homier gave judgment iu this cue. The question
Arnie upon the e,nstructinn of the will cf Rear-Admits'.
Sayer. The testator, by • codicil to hie will, directed
the interest of 10,0001. to be divided among his
brothers and sisters and nephews and nieces equally,
and the interest of the rest of his property to accumulate
for 21 years, and then the whole " to be disposed of towards
his then nearest of kin in the male line in preference to the
female line," under the conditions and restr:ctions con-
tained in hie will. These conditions were that the inheritor
should take the surname of Sayer. if not of that surname,
and should bear the arms wltich had been assigned to him.
The question was what was the meaning of the words nearest
of kin in the male line, as between a sister, •tis'er's son, and
a male Drat cousin, sun of a brother of the testator's father.
His Honour said tho words could not be eonsidored as
synonymous with " nearest of kin being a male," nor did
they necessarily mean nearest of kin claiming entirely
through males, but he thought they meant nearest of kin
es parts piterL in preference to ex parte maternit, and
gave judgment in favour of the testator's sister.

The following memorandum has been forwarded
by the Ciewaittee of the Amociatinn of Merchants for the
Reduction c I Du les on Foreign Wicer, to the Chambers of
Cu:lir:tom of Manchester, Hull, Belfast, &c.:
In 1821 the duties on foreign wines were as follows; on
rottlawavo, 8, finish, and M rdeirr, 9s. per gall. ;
and Canary, 9s. 14.; Rhenish, Ile. 34.; French, 135.;
Cape, 3s. The quantity consumed was 6,030,091 gallons.
The population 22 millions. Average consumption per
head, 1 pint 3 gills. Average annual consumption 1814 to
1821-1.8.12.791 galls.
In 1n26 the duties were reduced as follows:-On all
wine*, nit French or Cape, 4s. 102. per gallon; French,
7s. 31. per gallon ; Cape, 2a. 62. per gallon. The quantity
consumed was 8,00,641 gallons; the population about 22
merlons ; airtime conenniption per head, 1 quart 3 gills.
This Airy lasted six years. Average annual consumption,
6,784,803 gallons; average annual consumption per toad,
1 quart 1 gall.
In 1831 the deities wero increased, viz , on all wines ex-
wpting French, which was reduced tu 6.1. per gallon ;
French, reduce.' from 7s. 3d to 6s. 61. per gallon Cape,
increased from 2.. 61. to 2s. N. per gallon. The quantity
consumed was 6,212,261 gallons; the population about 21
millions; average ein.suniption per head, one quart and a
fraction. Ibis duty lasted nine years. Average annual
enniu.option, 6,497,i76 gallons tinu a fraction ; average an-
nual consumption per head, ono quart and half a gill. '
During these nine ye firs the consumption is stationary.
In 1040 the duties are all increased 5 percent. The quan-
tity consumed was 6,563.9'2'1 galls. The population 26
millions and a half. Average consumption per head, 1 pint
3 gills and a fraction. This duty has lasted to sth January,
1612-13 year.. Average annual consumption, 624,497
galls. Average c insumption per head per annum, 1 pint
3 gills and a fraction.
On the sth Jsuuary, 16.52. this duty was pelt on, daring
the year ending that day, 6,564,429 galls. The operation
of these enormous duties on foreign wines, upon short
prices, was as follows:
YES Cater.
France.... Cede, 5:. to 1.01. per pipe 664 tu 332
• M mien, 101. to 161. per pipe
„ Claret, } 51 to GOl. per hhd.
Chablis, •
Spain " Sherry, 121. to 63i. pet butt 260 to 52
„ Teneriffe, to 201. per pipe 678 to 144
„ Canary.
„ Catalonia. sj. et, iv. pep pipe 606 to 253
Benjamin,
Portugal-. I'orr, 151. to 401. per nape 221 to 83
„ Lisbon. itc..lol. to 26.. per pipe 338 to 135
„Madeira, 161. to 501. per pipe
Sicily &Italy. Marsala, &c., M. to 121. per pipe 336 to 724
In 1816 en influential body of the London wine mer-
chant'', comprising amongst others the names of the late
George [fathoms, Esq. ; the late John Wild, Esq. ; the late
James Stonehouse. Esq.; James Arbouiu, Rao. ; 0. R.
Porter, Em.; J. Prestwich and Co.; .1. Currie. E.g.;
George Mations and Co.; R. Jones; Trower and Lawson;
Lafore-t, Son, and Lees; Lancaster, Sun, and Co.; 8.
Peele and Son ; Pinto, Urquhart, and Co. ; Anther
CePalIC 11, end Co. ; Tennant and Co.; John Wild and Sons,
and many others, addremed a petiti in to the House of
Commons representing the grievance of high duties on
foreign wines, this:
" In the first plea., your petitioners beg leave to remark
that the tale of foreign wines depends in a principal degree
on its general consumption in (smiles, and if discontinued
in consequence of its price. as is now to a serious extent the
ease, muss give way in a g-eat measure to the subetitution
of an adulterated and deleterious mixture, which would
inevitably create an universal prejudice against
the win. trade, and thereby greatly add to the
injery of the respcetsble and honourable trader, while
it equally defeated the intention of the government by the
comparative insignificance of the amount it woald yield to
the revenue. Your petitioners, under all these eiresm-
stases.* s.f the case, and after the most mature reflettion
they Clll M stow, are unable to suggest, or even imagine,
any remedy that will meet the exigeney, whether as affect-
ing and endangering their own or the interests of the
revenue, than that of a considerable reducti n of duty."
In 1817 a mseond petition is presented to the Rouse of
COMMOO4I by the same parties urging their grievances in
equally strong terms, and expressing themselves thus:
Your petitioners found themselves in the beginning of
the last year impelled by absolute necessity to make the
Most or eat appeal to your honourable hones, in eosin-
queue of the ruinous state to which the wine trade was
rapidly appmsrhing. Their petition was, however, laid
upon the table of your honourable house without any
proceeding eoneequent thereon through which your pet.-
thiners might indulge the reasonable hope of obtaining
thst relief which they then stated, and aa3.3
supposed completely demonstrated could not be as.
wittiest. the most serious consequences, es well to the WPCs
nue of the country. as to themselves individually. Mimi'
petitioners are absolutely compelled by the alarming @falai
him to which their trade is reduced, through the rapid
decline of consumption, and consequent serious derived&
Lion of therstnek in hind, to appeal, without farther delay,*
the justice and wisdom of your honourable house, in order
In obtain such prompt tell f as may avert the progress of
that ruin which has elm ady intended to many individuals
and families dependent for their anomie upon their trade.
In the petition of 1816 a reduction of one-third the then
existing dust's is recommended.
In that of 1817 the petitioners state " Your petitioners
main ceselnde without impressing their decided opinion
that belt the preeent rate of duty on wine will, if adopted,
produce a larger sum to the Exchequer than is now derived
from this article."
In three two years the ditties were the same as in 1824.
Similar ropresentotions were urged upon the attention of
government up to 1824, when the duties were reduced la
the rates of 1825. vie.:-Oa Portuguese. Spanish, &e., hem
9s. to 4.. lOd. p r ;Fallen; Sicilian and Canary. !remits. Id.
to 4s. 10d. per gallon ; Rhenish, from Ils. 3d. to 4a. DM.
per gallon ; French, from 134. to 7s. 3d. per gams Co"
from 3e. to 2.. 61. The results being an incensed nee of
wine from 5,030,091 gallons in 1824, to 8,009,642 gallons in
1425.
The average entisumption per year. from 1814 to MC
was 4,82%791 gallons ; and from 1825 to 1831, the period of
the eon'inuanee of the reduced duties, the consumption an-
nually was 6,784.863 gallons of all wines, being es avenge
increase of 1,952,012 gallons over the average penciens
eleven yeses consumption.
The importation of all wises during the year= 6H
Jan., 11452, amounted to 9.061,420 gallems; he
home consumption, 6,5.54,429 gellese; eswerted, 1,4111,429
gallons. The quantity apes whisk duty was ps6il will
allow only 107,744 bottles to be MlNlmad daily,Wing la-
snakiest to meet the present ezigensim of
among the nobility and wealthiest deems soly7l:ll.2lre
made apparent in the following meelysis of the census of
1851, namely :-Nobility, iecluding bermaster average flee
members to a family, 7,390 persons; shurchmen limited
to having 1501. per annum and upwards, 34,760 persons; '
62 sinecure rectories, 310; bankers, capitalist'. merchants,
sad Isms manufacturers, 1,022,465. In addition, manu-
facturers and makers of machinery, of good Incomes,
1,960,810; showing 3,025,665 person. in a position to en-
joy wine ; allowing one bottle each per week, the supply
required will be 26,222,430 gallons.
But we have other classes with fair average incomes
to entitle them occasionally to partake of wine, viz.,
Farmer., grazier.. land surveyors, professional men,
tradespeople, 1,371.625; and persons of small hut inde-
pendent means, 649.276: additinnal consumers, 2,020,800.
Allow these one brittle each per month, a further supply
will be required of 4.041,300 gallons.
Them are still other consumers in the lower
middle slats-artisans, mechanics, small tradespeople,
included in the remaining 24 millions persons yet
unsupplied-ellow these, say one person in twelve,
three bottles in the year, and another million gallons will
be wanted, leaving 22 million persons who receiving only
one bottle in the year through the charity of individnahe or
medical administration, a still further supply must be got
is meet such demand of nearly 3,700,000 gallons. Here,
then, is shadowed forth a probable consumption annually of
34.963,730 gallons, against the present Insignificant annul
consumption, which last year was only 6,664,479 gallon'.
To secure si desirable an end a large reduction of duty is
asseetwary. Experience has shown that the reductions in
1825 end 1831 were net sufficient. It is now proposed to
reduce the present wine duties to one antrum rate of Is.
per gallon, a. bearing a less unfair proportion to the value
of the emnsinditv taxed.
The incalculable benefits that meet ensue to home inte-
rmits upon a large increase in the consumption of foreign
wines may be partially elucidated by the advantages it
would confer upon the shipping interest. The present ton-
nage required to bring foreign wines to this country ave-
rages upon the importations from 1845 to 1861 about
40,000 tons per annum ; the increase consequent upon a
reduction of the wine duties to Is. per gallon, and supposed
probable increase of use of wine may be reckoned sixfold,
requiring, therefore, nearly 240,000 tone of shipping per
annum, this alone must give employment to large numbers
of seamen, shipwrights, he., and else create a large addi-
tional demand for cordage, stores, and all the necessary re-
quirements which appertain to the mercantile marine.
There may also be enumerated the very important
bunches of home industry-bottles, eases, amperage,
cortege, and all the incidental adjuncts necessary to fit
wine for the consumer.
The hese& to our foreign trade which must result from
the proposed production needs no comment. It is obvious
that, so long as we lay prohibitory duties upon wines, the
rnvernments of the countries producing them will have
litW rmorniregoment to mites their duties upon British
goods.
The sanitary benefits will be fully acknowledged and
availed of by the medical world ; the use of wine under the
reduced duties will be able to be brought within the reach,
at amderato prices, of hospitals, dispensaries, and infirma-
ries, awd charitable institutions.
The; moral' influence will operate meet powerfully to
moment the domestic happinom of the married artisan, me-
chanic, sad labourer, by enabling them to share with their
ISElihal, es Non one day is this week, a wholesome and
cheerful drink, and draw them from time meetings at clubs
sad elsewhere where their enjoyment is selfish, and their
morality risked by the nature of the dissensions too often
indulged in at these nominee, which, even if they take no
part in, they mast bear and listen to-discassi,ms frequently
subversive of right holing in deemed(' concord sad loyalty.

COURT OF QUEEN'S BENCH.—YISTERDAY.
arrow Is Daltits.—Baroaft Logo C _ t, Ma harm Com-

Visair, all? Ms. JS.TL Wierrouiv.
THE Quails v. THWAITZS.—Qco WARSAW

cirAL Eimer tow.

-Mum-

Bir F. Thesiger nto-v;;;;;;;;I;;f;; a criminal informa-
tion in the nature of a quo warranto, requirir.g Mr. Thwaites
to show by what authority he held the office of town coun-
cillor of the borough of Blackburn. At the election at
which it was contended Mr. Thwaites was elected, there
were four candidates, and the votes polled were as fellows :
—For the defendant 369, for Mr. Briggs 348, Mr. Forrest
345, and Mr. Manner 342. After the elect .n the defendant
and Briggs were declared duly elected. Tl.e motion was
based upon four grounds. Firstly, that the defendant was
not duly qualified, under the 5 & 6 Will. IV. c. 7, 2. 28, in-
asmuch as he was not entitled to have his name upon the
burgose list, according to the principle laid down in the case
of " Whalley v. Bramwell" (15 Q. 8., 781). Thwaites,
according to the statute and the authorities, ought to have
been a bona fide occupier of a house within the borough ;
in fact, however, he was at the time of the election living in
a house really tenanted by his mother. The nest ground
was, that the election was void, inasmuch as
the poll was improperly closed fur a certain time upon the
day of polling, via., from a quarter before three and five
minutes after three. It appeared that party spirit ran
rather high in the borough, and much rioting was going an
outside the booth. The presiding officer hearing the noise,
upon: discovering the cause of it, closed the poll for the
tints above mentioned. The third reason for the nal, was
that sin voters, who were deed, bad been personated, and
that seven other persons had voted who were not entitled to
do so. The fourth and last ground was, that in seven eases
voters had been bribed to influence theit votes. Upon
voting for Thwaites a ticket was given to them entitling
them to beta-crown.
Lord Campbell asked whether in money or beer?
Sir F. Thesiger said io both. This ground of bribery was
a new one in municipal elections, but it was laid down in
lA. Raps., 1,377, that a bribe in the election of municipal
officers was criminal. If these three classes of objectionable
votes were added together and deducted front the number
polled for Mr. Thwaites, it would put him into a minority
of one.
The court granted a rule upon all the grounds, except
the one of closing the poll.
Rule nisi accordingly.
Tun QI7IIX O. HASELDINII.—QUO WARRANT°.
Mr. O'Malley moved for a rule to show cause why a
criminal information, in the nature of a quo wartanto,
should not issue to the defendant, requiring him to show
hy what authority he held the office of Town Councillor of
Harwich.
This motion was made upon the sole ground that the
defendant was not an occupier under the ac- 5 & 6 Will.
IV., a 7. The defendant lived occasionally in Harwich,
but was not the bona fide occupier of a house there.
Rule nisi granted.
- -

{mass Air Nut Putts to Lowees.—Bf roam Ka. lumen Cement=
AIM A 00111110 PI JtaT.
DINNITT O. HALL —CILIDITLL PALACI SH•1111.9.
II
The plaintiff in this case is • stock broker in Copthall
Chambers, and the defendant is connected with the legal
profession. The action was brought to recover the amount
of loss upon 100 shares in the new Crystal Palace Com
pany, purchased by the plaintiff for the defendant, com-
mission on the trawaction, and interest. The defendant
set up the defence that the transsetisn was not a bona fide
one, but simply a bargain for differences, and therefore void
by the law against gaming and wagering.
Mr. Crowder, Q.C., and another learned gentleman ap-
peared for the plaintiff, rad Mr. Lush was for the de-
fendant.
The evidence for the plaintiff was that he purchased for
the defendant twenty Crystal Palace shares at a premium
of 12s. 6d., and eighty more at 13s. 9d. premium. 51. had
been paid upon each of these shares, and the laud purchase
money was 5671. 10a. Subsequently the shares ware sold
by the defendant's order for 4561.5 s , making the loss upon
the transeeCon 1111 Is.; and this with 31. 2s. 6d. for com-
mission and interest was the amount sought to be recovered
in this nation._

-The jury thought that this transaction was a bona fide
one; and his lordship said he quit* concurred in that
opinion.
Vardiet lot tha plaintiff for 117 f. 11n 6d.

BAIL COURT.—YESTMADAL
&wows u fiasco.—Bsrom Ma. lemma gala.
Tan QVIIN V. RIIWIT BLACILBORXIL—BAIL.
Mr. Scothad moved for a rule to show cause why the de-
fendant should aot be adsuitted to bail. It appeared that
about 7 o'clock in the morning of the 25th of October last
the defendant's father's house was seen on fire. The neigh-
boon broke open the door and found the defendant's fa-
ther sad mother very much burnt. A coroner's inquest
was held, when a verdict was returned against three men,
not including the defendant, of wilful murder. One of
those mint was admitted as a 'sheen, and made no less than
13 different statements, in one of which he implicated the
defendant. Sometime afterwards the defenditat was talms
into custody and committed to prison by the magistrate..
The learned counsel said he lied affidavits showing the de-
featism* to have been somewhere else at the time of the fire,
sad clearly proving an alibi.
Rale aid granted.

COURT OF COMMON PLEAS.—TzenaDAT.
Iknruses os lisocc.-11cress Cum Jus les hams. Jenne
Kim" Ms. James Camwsu.. ass Ms. JserscsWit.ussis.

The wart was occupied all air hearing eases from the
special paper, which possessed no feature of public in-
terest.

COURT OF EXCHEQUER.-YEETERDAL

ammo Is BANtx... - Owes. Ni. B•ioi PA's; MA. BARON
AI ions, AND Ni. BARON MARTIN.
MONTAGUI AND °THEM V. KATE''.

The court wu ocripted all day in hearing the arguments
in this OM, which wu a special verdict by rule of court.
The gaieties wu purely of a technical character, the point
being whether, after revocation of an appointment by pa-
rents, they could appoint anew, except under the original
deed of settlement. _ _ . .

Mr. Witten appeared for the plaintiffs. and Mr. Wiles
toe the defeedant ; and both of the learned gentlemen
having been heard at great length, the court deferred its.
judgment.
DANIEL O. DAmin..—RityrrAL OF • JUDOMINT.
. .

Kr. R. A. Fisher moved, under the 134th section of the
Common Law Procedure Act, for a rule to show cause why
the judgment herein should not be revived under a wnt
of revisor. The judgment had been obtained in 1833, but
had not been satisfied. The defendant in the original ae-
tion had died, leaving the plaintiff and other parties his
executors..

-----
Rai* nisi.
ammo Alf XIII Pin Gl7ll.DiAtt.—Berna Ka. 811011
P 14,? AND CONIIOII loam.
PAUIT D. PARRY.—Tgovsa.

The plaintifiiiTti;i: pee is an artist, residing at 3, Bar-
ton-plane, Barton-crescent, and the defendant a bookseller,
la Leadenhall-street.

----- ----
Mr. James and Mr. Hawkins appeared for the plaintiff,
and Mr. Watson and Mr. Kale for the defendant.

It appeared that the defendant was the proprietor °trims
premises la Leadenhall-street, known as the Minerva
Chamben, a portion of which he had let to a person called
Ashford, in November, 1851. The plaintiff was the pa-
tentee of a locomotive engine to be propelled by compressed
air, and, in conseqeenee of the formation of a company, or
the promise to do so, by a person called Payne, to carry on
the plsintirs invention, he was induced to send a model of
his engine, air pumps, .e., which he valued at about 1001.,
to the chambers of Mr. Ashford, which subsequently
passed into the hands of Mr. Payne, u an under
tenant of Ashford. Payne agreed to raise 10,0001.
to carry on the objects of the company, of
which stun the plaintiff was to have 1,0001. He
faded, however, to carry out his promises; but refused
to give up the plaintiff's property, upon which he said be
had a lien, for an assault which plaintiff had committed on
him. The defendant seeing a scuffle between the plaintiff
and Payne, and hearing them call each other swindlers, em-
ployed a broker to levy a distress; upon which the plaintiff
claimed his pronerty from the defendant, there being a
eultiment quantity of goods on the premises to satisfy the
rent ; and his solicitor gave the defendant notice that cer-
tain articles which he enumerated belonged to the plaintiff.
Defendant stated that he hail received a notice from Payne
not to give the plaintiffs models, &e. up, as he was going
to prosecute ham fur an assault, and be refused to let the
plaintiff have them on several occasions when he CAM* to
take them away ; and at one time interfered by force to
prevent their being removed, although the plaintiff's soli-
citor produced an agreement between the plaintiff and
Payee, showing that the latter bad no claim on plaits-
tiffs goods.
The defence was that there had been no conversion in
point of law or fact. The refinel of the defendant to allow
the goods to be removed was not a conversion ; and he was
justified, after the die reel had been put in, in locking up
the goods, and nut allowing any portion of them to be taken
awe).
Mr. Baron Platt told the jury there were two points for
their consideration ; first, whether the distress was exces-
sive; and, secondly, whether the defendants had wrong-
fully converted the goods to their own use.
. The jury found fur the plaintiff—damages 1001.

TIM FATAL RAILWAY ACCIDENT AT OXFORD.
Yesterday John William., t►e hawke►, vele bad his arm se
seriously Wand b 7 theelan dreadful aceideat as to render
it to bie_ ntatisd. °dm was °thiamin im
ed. is th••EseeM This le the eighth
Irk* K Vh° widest

- -
8111711 O. CHANDLIBIL —ALLROID IFILACD.
Thin was an action to recover 2W. Is. ltd. front the di-
tendaat. an accountant in Coleraan-greet. The plaintiff
Itai ly essestee of s 14. Torkisitos, who is hie lifetime

THE EXPRESS, TUESDAY EVENING, JANUARY 25, 1853.

was a creditor on the estate of a bankrupt called TrapP.
against whom a fiat bad issued in 153.5. The estate had
been carried into the Court of Chnneety, and the deceased
Torkington's debt amounted to 351. In. the early part of
sat year the plaintiff employed tlik defendant to get the
money for him, and he engarzed to de so on being paid
for hie trouble. The plaintiff agreed to these terms, and
defendant having received the debt, accordingly paid the
plaintiff 301. and kept st., stating at the time, in reply to •
question from the plaintiff, that Ibis Court of Chancery did
not allow interest on bankrupt's estates. The plaintiff sub-
sequently found that the Court of Chaneery did allow in-
terest at the rate of 51. per cent. per annum, and that the
defendant, in addition to the 3.51.,had also received 201.1a.1 Id.
as interest, for which he hart not accounted, and to recover
which the present action was brought.
The defence was that the plaintiff entered into an agree-
ment with the defendant that he was "to collect' the
amount in question, and after paying the plaintiff 301. the
defendant was to keep all that be might receive above that
amount for his trouble. Plaintiff admitted having signed
something, but he did not know what it was—he did not
read it.
Mr. Baron Platt characterised the transaction, on the
part of the defendant, as an impudent fraud.
The jury found a verdict for the plaintiff for the amount
claimed.