The Express.
London, England, 1851-01-21 00:00:00

UNION-NIEWB RAGGED SCHOOL.

Yesterday evening the seventh annual meeting of
the Union mews Ragged School was held at the Hanover.
square Rooms, Lsrd DVDLIIT STUART, M.P., in the chair.
The retort stated that the chg./meter of the ragged
schools had been clearly vindicated at the lest annual
meeting of the Ragged School Union, and therefore
but little need now be said in justification of them. The
Income of the school had enabled them to liquidate the debt
owing to the late venom, and also to effect much good In
the school by engaging a more competent master for the
week day classes, and in establishing • shoemakers class in '
addition to a tailoring class; and the committee hoped
that an increased subscription would soon permit them
to commence a day school and an infant school, for
which there was not at present sufficient funds. The
attendance on Sundays for the post year had bees, for
the six summer months, 81 ; for the six winter months,
144 ,
girls. The decreased number was probably oiling to the
strider discipline which was now kept, and which pre-
vented idlers from entering only for the papas of annoying '
the others and having what they called " a lark." The
' number of children who.. names had been placed on the
books after an attendance of three Sundays was 370. Of
these 110 could read in various degrees of pre &irony ; 146
could read imperfectly, and 114 could not read at all ; while
many knew not how to spell their own names. The total
number that had passed through the school was 636, out of
which there were 165 who had only attended once doting
! the year. The average attendance for the week evenings
had been 33 boys sod 37 girls; total, 70. The rule was
more strictly enforced, which gave value to the weekly even-
ing instrucuon, by making admission to the school dependent
upon good behaviour on Sundays. The childrea so admitted
wen those really desirous of learning • and, constquently,
were not disturbed by the misconduct of others, who
came with very different intentions when all comers were
promiscuously admitted. Here the report contained details
' tending to disprove the supposithn that parents able to
avail themselves of other sources of education, and to pay
the charge of it, availed them/selves of the ragged schools.
Many instances had occurred of girls having obtained
situations from the school. There were on the books the
names of ten girls between the ages of 7 and 10 years
who, when admitted, could not hold a needle, and were
now able to work very neatly. The library, though scanty,
was valued by the scholars, and donations of books would
thaokfaily received. The number of Bibles sold to the
children during the last year was 23 ; of prayer books, 5 ;
and of hymn books, 7; besides • great number of small
publications at a halfpenny each. The committee of the
Nagged School Union, although the government still
refused to encourage emigration among the attendants
at these echools, had raised • special fend to aid
the different schools in affecting to desirable an object.
Still the funds were inadequate for to important
an object. The report here gave an account of the successful
progress of a ion belonging to this school, who had been
enabled to midge eta, and who was the fourth scholar who had
been sent out from this school.
_ .

The Rev. H. HUGHES, proposed the first resolution,
which expressed satisfaction at the general propels of the
school, and resolved the adoption of the report.
Mr. W. LOC/Lll, hoe. secretary to the ragged school;
union, seconded the resolution, and in so doing enured into
many details respecting the progren of the system, describing
the founding of schools in different parts of the country
sad the advantages which had been dittoed from them to'
the district; es in Aberdeen, Dublin, and other places.
There wen now from 90 to 100 ragged schools is
existence, and about 150 paid teachers. Londoa
atone had about 1,000 voluntary teachers, snd not
only that, but is large number of highly infinstial
permits actively employed themaelou on behalf of then
schools. He described the proceedings in different schools,
and related instances of some who had received eduestion E
them, and had emigrated, and were now earning 4s. 61. per
day's wages.
The resolution, with others, were poised; and a vote
of awake to the chairman haves, on the motion of
the Rev. Roseas BID/PATH, sounded by the Rev. Mr.
grimace, been passed and acknowledged, amidst much
cheering, the proceedings tertaiaated with a doxology about
bolt peat nine o'clock, the secretiu7 biassing to*. ladies
that he would be happy to receive use amass of these of
them who were willing to act es tessitars.

WESTERN DISPENBARY.—OR the 28:11 ult., Memo.
Hallett ■od Co , bankers to the Western DispemarT, Char:m-
atfett, Westminster, received from rine !mailman (e4O
refused to give his name) the sum of 501. in aid of Ms feeds
of th►t institution. This is the fourth Instant* of pure
aeonymoas ekari•", supposed to be the act of the name bent-
' voinit Woad.

'ANSWER OF THE LIVERPOOL FINANCIAL
1. NAMPA ASSOCIATION 10 3. /1.. ON COMPS
TI PION.

TO THE EDITOE OP TEE EXPRESS.
SlR,—The council of this aasociation observe in
your paper of the 14th instant a letter signed "J. H.,"
courteously milling for a clear and tall exp:anation of what
they mean by that expression in their recent circular, in
which they allude to " the adoption of all possible means of
mi igating that artificial and exaggerated competition, from
which both employers and employed are now suffering to a
lamentable extent in almost every department of trade."
The explanation the cottacil beaten to afford, though the
passage does not appear to thane particularly obscure. Your
correspondent may rest perfectly satisfied that Ibis council
has no idea of preventing or evading the natural operation
of competition ; they would as soon thick of evading the law
of gravitation ; the one attempt would, in their opinion, he
',Atkins chimerical than the other, and calculated to lead
to no more beneficial result, thaa • fresh demonstration
of its imp asibility. It is pretty evident, however,
that competition has in most branches of industry
in the I.luit.d Kingdom, reached a degree of severity, in-
volviag evils of appalling magnitude, and such as m.,et ur-
gently all for " anrigation." Passing over the sufferings of
the employing classes, and coming at once to their depen-
dents, the council would ask, whether dock labourers,
selling "five shillings per week on an average ;^
stotaingen, handloom weaver', and farm labourers,
working for seven, eight, or nine shillings, or in
Ireland three or tour shillings per weak; or shirt
making at three halfpence a piece, not to mention
turther evidence of the greedy scramble for employment in all
but a few fortunate trades, and even on met %thrum aaaaa tire
terms, are social phenomena upon which a wi.e man can
look without alarm or a good man claw pain. Bittieethe
competition which has produced such results ie "artificial
and refrigerated, ' or competition cannot be regarded as the
ordained and permanent condition of our race, and therefore
any plausible scheme for its avoidance ought, the council
conceive, to be earnestly welcomed and most respectfully
considered. But, happily, it is not necessary to entertain the
alternative, el the tote of parl.ameat which cause this re-
morseless intensity of competition, and conseqoently the
" means per its mitigation," are met far to seek.
To prevent mistakes, Ist it be remembered, that this
exemeive depression in the price of labour, and in the pro-
fits of trade (which usually sympothise, in •
wonderful, considering that by certain polititiane, capital and
labour are always represunted as utterly howl's interests)
exists along with, and in spite of, a plethora of capital.
There is no lack of means for setting people to work ;
money is a. great a drug u labour itself, and the
querion is, why are not both per. fitably employed? Aad
as capital cannot become productive, or return one shilling
per cent, to the proprietor, save by directly or indirectly em-
ploying labour, perhaps the practical question may be fur-
ther maireeweeinto the inquiry, why capital stands Idle so
long, and even prefers the worse tS an doubtful security of
a foreign loan to agriculture, manufactures, or commerce at
home?

The council have no desire to conceal their conviction
that no sufficient answer can b• given to this quitetion
without an exposition of the effects of our existing law.
and custom. relative to the tenure, settlement, transfer,
and letting of land; and also of the existing laws
of partnership; laws which, though requiring the tome
diets 'tunnel of the legislature, and which are, no doubt,
largely conceraed in aggravating the pressure f competi-
tion, the council do not enlarge upon, because they do not
come witnin the scope of • financial reform association.
Bat another, and nut smaller portion of the answer to
this great question is within their ecope. The council be-
lieve that the "artificial and exaggerated competition,"
now so universally complained ot, is owing principally
to the operation of our present unjust, waateiul, and truly
barbarous fiscal system. Excise and Customs duties are, in
their opinion, nothing better than elaborate contrivances
for the p ion of trade, the cutting down of profits and
wageo, end the spread of pauperism—aid they propose to
mitigate the unnatural eeveril of competition and to gain
numerous other, hardly less important, advantages, at the
lame time, by their total abolition; by setting industry free
from it. present bondage; aiming every man to labour and
to exchange the produce of hislabour when and how he pleases
without any toll, tax or restriction whatever. And the
council are sanguine enough to believe that were this done,
and the ,ue raised by any system of direct taxation
possible in these days, competition would be "mitigated,"
business would be Incalculably 'vended in every direction.
With so much more for everybody to do there would be
less scrambling for it, profits and wages would rise,
and able bodied pauperism become • thing of the
past. To take au team's!, France end the United
Kingdom possess each • population of thirty millions, or
thereabouts—in many respects highly civilised, and each
producing in abundance numerous articles of universal con-
sumption of which the ether is destitute, or nearly so.
Under theme cii curnstance a • trade between the two nations
to the extent of 10s. per head per annum would acutely
seem a vary extravagant expectation—but how stand, the
fact? England shuts out French wines and brandies;
France retaliates upon English iron, salt, coal, yarns, and
manufactures; and the result is, instead of exporting to
France to the extent of 15 millions of pounds yearly,
our exports last year did not reach two mailions ; er in short,
here is • trade of some thirteen millions a year, with one
single nation, of which we are deprived mainly, as the
council apprehended, by our inapt.% dutits. Let • similar
estimate be made of the effects of the duties upon
tea, sugar, coffee, timber, tobacco, i!ke., and the excise
upon soap, paper, malt and hops, poet horses, &e. &c.,
in limiting consumption, and of course production
also, both at home and abroad; or in other
words prohibiting industry and commerce; and the reason
why competition is excessive will become tolerably obvious,
and the " tarsus" for relaxing the screw not lea so. To
talk of traits being " free," while it is loaded with some
thirty-five millions a year in duties, and an endless soh, dole
of prepcsterous restrictions, is a mere abuse of language.
When tariffs and excises are swept into the limbo of departed
tyrannies, trade will be free indeed, but not before; and
until this is done the lees we boast of our commercial Iree-
dom the better.

By order of the council,
WILLIAM FOULKES, Secretary.
Financial Reform Association, 26, North Job-
street, Jimmy 11.

THE SOUTHANPTON PORTION OP THE INDIA
MAIL.—The Oriental Company's steam packet Ripon,
Captain Moresby, arrived at Southampton, and landed her
mails under the charge of Lieut. John Hay, R.N., Admiralty
agent. Her dates are—Alexandria, Jan. 6th ; Malta, 10th ;
and Gibraltar, 16th. The mail from Corfu had not arrived
when the Ripon left. Her canto comprise eight packages of
specie on merchants' account. There were two mer-
chant brigs on s►ore at Gibraltar; and • brig, supposed
to be French, foundered en the morning of the 14th o 8
Xpoiras.

THE HOMICIDE IN THE REGENT'S CANAL DOCKS.
—The inquest on the unfortunate man Ablett, who IrII by
a ran shot on Thursday last, while at work in three docks,
wu concluded yesterday before Mr. Baker. Mr. Stapp, a
gunmaker, proved the capability of the gun found on Wm.
East to carry from lass house to the dock. Joseph Lucas sioke
to East'. practice of firing with a gun. The jury returned a
verdict of " Manslaughter against William Enet," who was
ccmmitted by the coroner to take his trial at the Central
Criminal Court.

SMUGGLING ON TIIE COAST.—A daring attempt was
made by some smugglers on Monday to land a lot of spirits
at Betsey.. It appears that at about half-put six o'clock in
the morning, when about high tide, a galley, in which were
three men, two of whom were French and the other English,
having on board 160 tabs and three flagons of brandy and
Geneva, made an attempt to run ashore in the Cockbush
Guard of &laity station, when a large number of men
were waiting its arrival to run the tubs ; bet the officers on '
duty, named Thomas and Hodge, were unexpectedly on
tie spot to receive them, and succeeded in capturing the
beat with the whole of the tubs and two of the men, the
Englishman nuking hie escape. In the course of the morn-
lag. the two prisoner, named Dubois Luc and Alexandre
beadle, were taken before Colonel Rotton, at the County
Magistrates' Offin Chichester, on the charge, and were
reminded till Friday next. Six men, named John Finnie,
James Peahen, David Joseph Budd, George Orman, George
Omen and John Sampson, were charged en Friday, at
Word:lag, before Captain Forbes, IL N., W. Whitter, and
T. 8. Brandreth, Erg., with beteg concerned in smug-
gling tobacco. Mr. Somers Clarke represented the Board
o/ Customs; Mr. Housman appeared for the defence. The
widow', was eimply that on the arrival of the Caller steamer
U Shoreham, from Jersey. on the 3rd lust , she was hoarded
by Robert M'Adam, a tide surveyor of the Customs, Wm.
Waterman, a tide waiter and boatman, and others, who, on
aluminise the forecastle and forepeak, the huh of the berth
where the craw slept, found coneeeled 3811 u. of toliseco The
aix prisonen were on board, and he consequently detained
them and the vessel also. The whole procuair ge were under
the 8 and 9 Victoria, a. 3, which rendered every vessel, on
hoard which • lees quantity than 300 lb. of tobacco, not
being in • cask or package, was found coming into an Bog.
bah port without being driven thiller by siren of weather,
liable to seizure, and those on board liable to apprehension
and floe of 1001, with power of mitigation. Sampson, who I
had pleaded guilty, was fined 1001.; the other five priemers,
after an able speech from Mr. H0U11171411, were discharged.
EMBEZZLEMENT BY AN ASSISTANT OVERSEER.—
On Saturday last J. P. ileaseltoe, one of the assistant over-
seen of Wakefield pariah, was examined on a charge ,of
enibesslement, before the W,et Riding bench of magietrates.
A considerable number of witnesses were examined, who
proved that for more than • year past the accused had fre-
quently made alteration, and erasures of the figures in the
broke under his charge, for the purpose of concealing his
appropriation of large same of money belonging to the
parish. It wee also eitowt, in more than one inataue, that
he had received money from certain ratepayers of which no
account was entered in his book at all; and in other came
whore the sum ha had collected was, for instance, 31.135. 4d. '
the figure 3 in the pounds column was erased, and the slid•
hags and peace only remelted. The prisoner was fully
committed to take his trial at the next York Assizes, the
wart refusing to accept bail foe his appearance.
HORRIBLE BIRITALITY.—During the night of
Saturday last, tome villain so seriously injured lour cows
and a pip. belonging to Mr. Cutler, • farmer of Darnall, by
chopping their fore legs (apparently with • bill) that it wee
found suieseary to have them killed. From the feet of Mr.
Ceder hiving that day discharged ens of his farm-tabour...a,
named Norman, suipeion te!l ups him, and he was
&Treelike. The prisoner was then locked up for the night in
the lid:glue cage • but, on the following morning, it was
bead that Ike had *seep d therefrom, having picked the
locks with • bale of a bucket which had been locked up with
kW. Re hi NM ea lertga—Desehe Cirossiols.

WINDING UP JOINT STOCK COMPANISS.

MADRID AND VALENCIA RAILWAY.

Yesterday the directors of this company were ens.
mined at considerable length, and gave important evider ce
relative to the general transactions of the company, which
occupied from II to 4 o'clock.
Mr. Selwyn, counsel for the official manager. said that in
prosecuting this part of the charge against the directors,
calling upon them to account for the disposal of the sum of
106,0301., he proposed to all all those gentlemen oat of the
13 of the committee of management who were is t►is
country, some of them being in '• foreign climes."
Mr. Edwards, the chief clerk, then proceeded to call out
the none of the first director summoned to appear on his
suln coos, namely, that of " Wm. Chadwick," the chairman
cf the company; the call was reps eted wee times, and
there being neither response nor appearance,
Mr. John Knell, wharfioger, of Fresh Wharf, Theme,-
street, the next director sunamoned,was called and examined.
He deposed that he was an original member of the provisional
committee, and that he had two hundred shares allotted to
him in the company, upon which he paid the deposit of 21.
per share. He was also a member of the committee of
management and of the finance committee, in which latter
capacity he believed he had signed some cheques. Was
aware that a sum of 106,0301. had been paid into the ba-kers
lon account of the payment of deposits, but could not tell the
shareholders or the court what had beemie of that large sum
of money. Ile knew that expenses had been paid, but not
in what particular way, as he was not an active member of
the finance committee. Had not and had any beet ks or
pepen of any kind belonging to the company. He thought
that everything was going on wall at the time ; and with
many others, put confidence in Mr. Chadwick, who he be-
lieved had, but not of his own knowledge, a large sam of the
company's money. Hau attended meetings of t►e tioance
committee, and occasionally heard discussions as to the par.
stage of shares in the corn p any when it was considered desirable
to get them out of the hands of those persons who were eon
sidered troublesome; that was to say persons who had
brought fictions wont the directors, and it was agreed by
the directors, be presumed, that these shares should be par.
chased out lot the funds of the company. Had moon for
believing that these shares were in the hands of Mr. Rose,
solicitor to Mr. Chadwick, to whom he thought they were
delivered for the purpose of defending some actions that
were brought. Some large sums were paid for engineering,
but he could not say whether they were actually applied to
that purpose. Monies of the company were paid into
Magterman's in the name of W. Lowell Palmer. who is one
of witness's clerk., and this wes done to prevent an
attachment of the funds of the company. Did not know
what amount of money wat paid in in that name.
Mr. John Capper, merchant, of No. 1, Adelaide-place,
London-bridge, the third director summoned, was next
examined, and deposed that he bad paid the deposit on 250
shares allotted to him ie the company. Wes not a member
of the Seance committee, who managed the company's
tiffany, under the control of the Beard of directors, from the
commencement, and could not say what had become of the
106,0301. Believed that the object had in view by the di-
rectors in buying up shares in the market WIN to prevent
their being pressed upon the market, and to prevent their
being depreciated in price. Understood that they were
bought to the extent of between 20,000 and 30,000 shares,
but was not aware that it was for the purpose of what is
technically termed "rigging" the market. Did not know
what had become of the shares or the *nip, but believed
that they were lodged with Muter:ma's, but did not know
how, at the end of Ibl9, they got from there into
pootessioa. Had never made any inquiries es to what had
become of the monies which were placed in the name of W.
Lowell Palmer, which was done by the authority of the
gamma committee, to prevent, he believed, an apprehended
attachment. Was sometimes in the habit of signing cheques
as a member of the finance committee, but did not know
that any undertaking had at any time been given to part
with the funds of the company.

Mr. Solomon Lomb Waley, of 22, Devonshire- place, having
been sworn on the Old Testament, said that he was cue of
the provisional committee of the company, and • "'umbel
of the lineup committee, though not from the commence-
ment. Paid the delimit of 21. per share on 2.50 shares,
either into Mastermao'e or Currie's. Signed the authority
to Masterman's, authorising the payment of cheques with
the signatures of certain directors on the 21st of October,
1845. Messrs. Chadwick, Colquhoun, and Knill were always
trustees of the company's property, and when the finance
committee was appointed, their duties, by a resolution passed
at the Hard of Directors, were defined to be that of the
payment of the current expenses connected with the company,
while the main funds were totally and entirely coeficed to the
care and control of Mears. Chadwick, Colquhoun,andKnill,
who were its trustees, and who were so before witness
joined the company. The investments and reinvestments
of the compans's funds were entirely confined and limited to
the care and control of those three gentlemen. On the
origin of the appointment of the finance committee it was
determined that a cash-box should be deposited with the
bankers, containing Exchequer Bills arid any other securities
of the company, and that any access to teat box should rest
only with the trustees. No doubt, on the first formation rf
the company, there might have been from 60,0001. to 70,0001.
paid into Mogermen'ts from the deposits. In the monition
defining the duties of the finance committee, it was agreed
to leave a certain balance at the bank- n', with which the
finance committee were to deal. There were separate
meetings of the trustees. Witness attended the last public
meeting of the company in October, 1846, and made •
speech, and the temper of that meeting was so ma-
nifest and unmistakeable that he the same night
wrote a letter to Mr. Chadwick, the chairman, tell.
ing him that with the then shareholders, it would be
totally impossiole to carry out the objects of the com-
paey, and that if he or others wished to go on with the
concern, it was only to be done by the dissolution of the
then existing company, and the formation of a new one.
He was present at a discussion in November, 1845, at a
meeting of the board of directors, about the purchase of shares
with the funds of the company—originally there were to be
40,000 shores to be allotted fur the Spanish shareholders, and
80,000 for the English—the whole of the latter were allotted,
hut ouly 53.000 of them were paid upon. There was • grist
delay in taking up the Spanish shares, and it was suggested
at the board, that if the Spanish shareholders saw that the
shares were at • great discount in the English market, they
would not take their proportion of shares ; and it war pro-
posed that • considerable amount of English shares should
be bought, as an inducement to the Spanish shareholders
to pay their deposit. Witness objected to any large sum
being devoted to such • purpose, but ally acquiesced
in the purchase of e•.ares to the extent of about 1,0001,
which he believed was repaid in Masterman's account. He
believed the cM goes to this amount were drawn for these
purposes, but he neither directly nor indirectly derived any
profi from these Vanua:llas. The board of directors did
not give any directions to the trustees as to the loans to the
London and South Western Railway, though witness was
aware of it at the time. The trustees dealt with the shares
that were purchased in the same way as they dealt with the
Exchequer Bills, and he (witness) did not know where they
were at present. Did not know that there were any funds
of the company standby in the name of Mr. Lowell Palmer,
and did not hear of it until after the present inquiry was
commenced. Strongly objected to the appointment of Mr.
Lewis Pocock as a director and member el the flounce coin-
mattes as • most improper one, from having discovered that
the object of the appointment of this gentleman and of others
was very different from that hail in view by witness at
the period—which was, to get the company brAen up.
Never knew that any of the funds of the company were
standing in the name of Mr. Pocock and others, and was the
author of a statement that the whole expenditure, including
three embassies to Spain and the survey of 50 miles of rail
way there had not exceeded three or four shillings per share,
and he had made the statement upon the authority of the
secretary. About 31,0001. had been paid for the concession
of the line. Witness did not authorise any expenditure on
behalf of the Company after Oct. 20, 1846, and was very
lila consulted after the lAter alluded to which he wrote to
Mr. Chadwick. He knew in 1847 that there were additional
expenses hr yond the four shillings per share. la that year
Mr. Chadwick went to Spain to obtain a modifica-
tion of the concession, which was granted by the
Spanish government to do the work in five suctions instead
of one. It war weed that Spanish engineers should
eo over the line between Madrid and Valencia, and make
surveys as propped, at the expense of the company. Mr.
Chadwick took an engineer over with him, who was to be
paid by the company. The Spanish shareholders paid on
only 7,000 out of the 40,000 shares, but even after allowing
for all toe expenses, there ought to have been • very con-
siderable sum in hand belonging to the shareholders, but
he had no knowledge whatever as to where that sus, if
any, could be found, nor could he give any information
obout it. His
.belief, however, as he believed was the
'mansion of gone in court, was that Mr. Chadwick ob
tamped • stun of 25,0004 in a lump and appropriated it to his
own use. (Laughter.) While witness was abroad they juggled
him out of the finance committee, and put in others without
his knowledge. and at the end of two years, or in 1848,
on his (witnees'e) applying to see certain books connected
with the company, he was told to his surprise and indignation
that he was no longer a member of the finance committee,
and that they could give him no information. (Laughter.)
Witness then. insis ed upon knowing where the funds of the
company were, upon which they said they would afford in.
formaioa to a friend of his who went with the secretary of
the company to Masterman's, where they learnt that the
directors of the company were apprehensive of an attach.
meat of the funds on the part of certain shareholders who
were very clamorous at the time, and that it was desirable
ttho plataance.ctooheunftunudps beyond
onthi snore
trbeewirursoupeh, nedanidnatheontbeeeritissimarosee.
He had not a document or memorandum of any sort or
deecription in his possession connected with the company.
There was a negotiation with Mr. D. W. Harvey sometime in
1848. Mr. Harvey was the representative of a large body
of shareholders, who had employed Mews. Wire and ChUd
to carry on negotiations, and the difference that arse between
Mr. Chadwick and Mr. Harvey, and those he represented, waa
to the amount of about Is. a share. The former insisting
upon • return of 225., and the latter on a return of 23s a
share. Witness had an interview with Mr. Chadwick and
Mr. Harvey. when the latter said that, whatever was his
due, he would take it, whether it was 10s. or 30e. per share ;
but that in the absence of all accounts he should insist upon
SS large a sum as he could possibly obtain. In consequence
of this, and with a view to bring the affairs of the company
to an entire close, witness urged that the 235., per *bare
should be paid ; and said that, rather than that the negotia-
tion should go off, be would pay the diffnecce out of his own
pocket. Mr. Chadwick then said he would give 235., upon
which Mr. Hervey said he woild take nothing for granted,
hut that Mr. Chadwick should have his shares and that he
would have Mr. Chadwick's monsy—(laughter)—and 3200,
shares
were taken from Mr. Hervey and paid for by Mr.
Chadwick out of the funds of the company. It was deter-
mined et tt Is interview that Mr.D.W.Harvey was taproom*
by his influence a return of the 235. per share as a Ina
con, and it wassainpel tbM *lams Wald p to th•

of Milers. Wire and Child with the mosey to take up the
"."7,h. aa. !Mtn wawa are a:: :hare on faiLa/
day that a great many of the shareholders would aoteg
to it. He then ask. d Mr. Wire what he would advise
him to do upon the subject, and he said " Pay the Rooney
to be sure." (Laughter.) Mr. Chadwick, who was witk
'him, maid, " If you, Mr. Wire, will disc nni et yourself
with these hostile proceedings against the company (as he
had in fact 81. d a bill), I will eanctioa a payment of a portion
of the shareholders." Mr. Wire said, u may pay the
money, and I will do as I please." U,tnn which Mr. Chadwick
said he would have nothing !until r to do with Mr. Wire.
Knew that Mr. Chadwick opposed the petition for winding
up, and that he got it to stead over, but not that Mr. Chad.
wick had given an und,rtaking not to part with any or
the foods. On the 23rd of April, IMO, Mr. Chadwick
paid Mr. I). W. Harvey and took the scrip as trustee of the
company, and on hsicg asked afterwards what bad become of
them, said they were safely• epesited with the. other meta-
cities of the company. Witness saw Mr. Chadwick in
January, 1850, the latter having written to him to the effect
that he bed met with a fearful accident, he believed from
falling down an area. (Laughter) He found him in ht
bedroom, in a state of great debility, at his house at Forest
Hill, when he told witness that he had withdrawn from
32,000 to 3.5 000 shares from public circulation, end that they
now formed part of the assets of the company. Witne:s
asked bum where they were deposited, when Chadwick said
he could not tell where, but he was satisfied they were in
perfect security. Wi:utse, in the course of his conversa-
tions with Chadwick, thought that the eject bad relation to
the proceedings in coon, Zion with winding op. Understood
that the shares h•cl been purchased with the funds of the
company, and exprcesed his surprise at the hugeness of the
amount. Chadwick tcld him they were safe, out did not
tell him where, and witness would have been more satisfied
had he been mold they we re safe at the banker's.

DIRECT LONDON AND EXETER RAlLWAY.—Yes-
terday the 1111M1L114600 of Mr. Walter Bloairp, relative to
the charge of the official manager against himself indi-
eidually, and his co directors jointly, calling uton them to
account fr r the disposal of the 30,0001 received by them as
depoit, was continued by Mean. Daniell and Valiance,
as counsel for the otOciel manager, Mr. Baptisers appearing
for Mr. Sbairp, before his Honour Master Brougham. The
examination of the wanes' was not concluded when the pro-
ceedings, at 4 o'clock, were adjourned.
DIRECT LINCOLN AND HULL RAILWAY COM•
PAN Y.—Yer erday, after considerable discussion, his Honour
Master Koldereley suagested that, as in the present condi-
. two of the law it appeared to him that there use sub-
stentially no company to be wound up, an application
I should be made to the court to rescind the original order (or
that putprae.
LONDON, BIRMINGHAM, AND BUCKINGHAMSHIRE
RAlLWAT.—Yesterday, in this case also, before the same
Master, it was determined that an application should be
made to the court to scant • new order for the settlement
of this oompany's affairs, it having been discovered by Mr.
Doodchap, the official manager, that the original order
bad been granted informally up in the petition of a party
who had no legal right under the act of parliam.nt to
do so.

LONDON AND NOR CH-WESTERN AND THE
SHREWSBURY AND BIRMINGHAM RAILWAY
BOARDS.

The correspondence in reference to negotiations
b queen the L indoa and liqrth-Western and the Sorters-
hury sad Birmiaghem boards for a settlement of all matting
is dispute between their rtspective companies has been pub-
lished. Tha last letter will show how the matter now
stands. It rues as follows:

" London and North-Western Railway, Offiee, Easton
Sta. ion, Jon. 16 —Dear Sir,—Your letter of the 10th instant,
inetosing resolutions of the Shrewsbury and Birmingham
board, dated the 7th instant, having been submitted
to the board of directors at their meeting on Saturday
last, the y referred the document' for consideration and reply
to the committee specially appointed, on their behalf, to
negotiam with your company. I am instituted by this
committee to abstain, in reply, from entering upon the
queatim as to your motives, the deputation in their letter
Marina dealt only with facts, ,ind with eatements made by
you in their presence. The resolution of your board, on the
faith of which our deputation was appointed sod have con-
ducted the negotiation up to the prt sent point, naturally led
as to hope for a speedy and amicable setthment of the
qu•stions in difference between the companies, and the
continuance of which has proved detrimental to the interests
of both. The subsequent proceedings, however, coupled
with the resolution now under consideration, not mile leant
the chances of that desirable tomtit, but have led our depute-
ion, very reluctantly, to the conclusion that the negotiation
must be considered virtually at an cod. It will suffice to
mention the two following ae the grounds, amongst others,
which have led to this conclusion :—First, that your hoard
having, without the most distant ointment to arrangements of
any kind with the Great Western Company, avowed their
desire for an ' amicable arrangement' between your coin
paay and owe, as "desirable for the intonate o
your proprietors,' and hoviag accepted, at the
hula for settlement the adoption of equal rates be-
tween all competing peiuto, now whop y decline that basis,
except upon payment to you and the Sitrewebury and Ches-
ter Company of • compeetation'—in other words, except
we will buy off your and their opposition.
" Secoadly, as regards an amicable arrangement with the
London and North Western Company,' you, pending the
negotiation with us for that gement, wi re &mutts-
teem:, engaged upon another with the Great W. stern; and
even, when informed (by our letter of the oth inst.) of the
construction which we thought that any lair dealing pram
must put upon the latter negotiation, your compile, never-
tildes" still proceeded with, and, as you now inform us,
ac ually concluded, such arrangement, and that, 'oo, before
even replying to our letter. Such ere the grounds upon which
we atsume that any friendly settlement has become
" We forbear to refer, except in general terms, to your
attempt to explain the circumstances which have led to the
present state of affairs, by the very extraordinary statement
that the 'desire ycu have evinced to meet our views
as to the L'verpool and Birmingham traffic ought to hove
suggested to us that you must seek from other sources the
traffic of which such an arrangement must deprive you.' It
really had not for a moment metered into our content olation
as possible that, whilst professing to ' nao t our views,' as
you call it, as to certain traffic, by an agreement in consider.
ation of very important matters to be at once conceded to
you by us, you all the while intended, alter the agree-
ment was made (made, as it now appears, simultaurously),
to deprive us of the value of it, by means of alliances
with our opponents for the recovery of the traffic
that only nominal., conceded to us. Such an avowal would
have been wholly incredible if not under your own signa-
ture, and we cannot even now suppose that it would be
deliberately adopted by a single member of your board. And,
again, your statement that the arrangement made by you
with the Great Western is only a ' traffic arrangement,'
for the exchange of your traffic with them, of course needs
no other answer than this, that the amicable arrange-
ment with the London and North-Western Company,'
which your board resolved was so' desirable for the interests
of the Shrewsbury and Birmingham provision.; was
also only a ' traffic arrangement" (to use your own words)
for the exchange of the same traffic with the London and
North Western Company which you were simultaneously
agreeing to exchange with the Great Western. Bat if our
deputation could, after all this, bring themselves to believe
that there was (any longer at least) a real desire to effect an
arrangement with us, the extraonlinary list of entirely new
terms now asked of us, and the sort of arrangement of which
those terms are proposed as the price, would at once have
prevented any attempt at further negotiations. When the
depu'ations last met, yours named ten points as the points
which they sought to have conceded; but now they add
many more, and I also for the Shrewsbury and Cheater,
many of them, moreover, being (and some of them, to your
knowledge) entirely beyond our power to concede, even if we
were inclined. And, after all, the proposal which, in tart,
your board now makes tom is neither for a permanent'
nor for any 'amicable' settlement, but oily for a truce for
a year, and that not to commence for three months yet ;—not
even a temporary settlement on the basis of equal rates
(which your board agreed to), unless we will pay your com-
pany and the Shrew•hury end Chester a distinct prim, er, as
you call it, ' compensation,' for adopting that basis. It is
not even for a settlement such as would terminate, or even
for a short year suspend, all disputes and litigations, and put
an end to the enormous law and parliamentary expenses
which have now for years incumbered both companies, but,
on the contrary, a settlement which actually provides for the
continuance all the while of your company's Chancery suits,
and for the prosecution of their attacks on us by their hottile
bills in parliament. In conclusion, I am directed to say,
, that it hereafter the Shrewsbury and Birmingham board
shall find themselves in a position to enter into an amicable
arrangement with this company, and shall be disposed to
revert to their opinion as expressed on the 20th of December
Imo, in that event nothing which has occurred in the course
of the recent negotiations will be allowed by the London and
North Western board to interfere, so far as they are con-
cerned, with the completion of a fair arrangement of the
difference' between the two companies. In the meantime,
however, they have no alternative, with reference to the con-
tiaumace of your company's aggressive proceedings, but to
adopt such meuuree as may be necessary for the protection
of the iatereste thus attacked. Our deputation have felt
constrained to trouble you at such length, from an anxious
desire to place on record a statement of the facts connected
with the moot negotiation, sou to relieve them and the board,
of which they are the representatives, from the responsibility
of having, through personal feeling or other cause, sacrificed
the certain good of an immediate peace for the sake of the
distant and, to say the least, more doubtful prose:sects of the
future.—l am, dear Sir, faithfully yours, CHAS. K STIWADT,
Secretary.— 0. Knox, Req., Seczetary, Shrewsbury aid Bir-
mingham Railway Company."

PROPOSED TRIBUNAL OF COMMERCE.—Yesterday a
deputation from the iserchante, bankers, traders, and
others of the City of Leaden, waited upon the Lord Mayer
upon the subject of establishing a tribunal of commerce.
The deputation consisted of the following gentlemen
H. Frazer, 34, Mark-lane; Mr. Francis Lyn*, 12, Mark-
lees • Mr. George Draper, 4, Great Wincheeter-etreet ; Mr,
Brook, 35, Fenchnrcl-street ; Mr. James Coahead, 32
Royal Bachangs ; Mr. Daniel M.Farlane, b 2, Oreoe.t.olifell-
'Veit ; Mr. W. Aston, Crowis•court ; Therms Frantic,
Angel court ; Mr. H. H. Lyeester, Berkshire, who pro-
moted to his lordship a memorial in f t the project,
signed by upwards of a thousand persona. !Ar. Lynn repre-
sented to his lordship the east Imp...name end advantages of
such an estabhasatist, and stated that F,ngland was almost
the only country to which a tribunal of commerce did not
exist, and expressed a hope that We lords►ip would consent
to take the chair at a meet►ng proposed to Ds held upon tae
subject. The lerd Mayor enured the deputation that he
would give the menet Al. best eemetheesdee.

A

I

lan) iinteittgence.
EQUITY COURTS.—YrorazDAT.
Mum-111•0.161/10).

11;;;Mi Loan CMIVOSIIII
11l Tel Manna OP TM* Jour/ tiTOCL Courmuse
WINDUIO or Acre;AND 111 ?MS MATTER OF TUN &DUCT
Vint SID AND CROYDON RAILWAY COMPANY, SI PARTS
LLOYD.
MI. Lloyd. as ellverthimp Meat, lied %steamed in the
Master's.oMes •a proof of a debt alleged to be der to bin for
adveniesmeatle. The debt had been sought to be established
upon evidence showing that the iseas-ary of the company,
by order of a meeting of the provisional committee, had given
the eider for the advertisement,. It did not appear, how-
ever, who were the individuals of the committee present at
such meeting. Ai the company had only been provisionally
registered, and it wee now well established that each mem-
ber of the committee was liable only foe thou debts in-
curred foe the promotion of the companywhich
he had himself either expreesly ee impliedly sanc-
tioned, the Master had by hie certificate certified
that, u the debt bad not been brought home to any
particular individual or individuals, or established against
the whole class of contribatories, he declined to admit the
debt as proved, but would admit it only as a claim. Mr.
Bolt now moved that the Master's certificate might be
reviewed or varied, and that Lloyd's debt might be admitted
SI proved. Re contended that as the company lied been
rivialenally registered, an order from its registered officer
wee al that it was memory to prove to establish the debt
lee spied the company, leaving it to !subsequent proceed-
' 'era in the Batten's offices to decide which of the marl.
butories were the parties by whose order the expenses had
been incurred. This was clearly the mode of proceeding
seatempleted by the legislature ; the provisions of the act
requiring that the amount of debts should in the fleet in-
seam be sacermined ; then the number of contributories ;
end lotiy the calls which aboald be made.
Mr. Bothell, for the official manager. contended that it
bed bean decided at law that no individual not expressly or
Impliedly authorising the order for adverisements, could be
made liable for the contract, and that it was, therefore,
laminittent on the creditor, before proof of his debt could
be admitted, to sheer that some individual or individuals
Nowt the cootributories had given such authority.
Mt. Bolt commented, in reply, upon the hardship which
would moult to creditors, if attar relying upon the order of
the registered officer of the company, they were required to
thew upon the authority of what particular member or
members of the committee such order had been given.
His Lordship said he war of opinion that the Muter was
right, and that the petition meet be dismbeed. The
au of parliament specified that the affairs to be
wound up were thou of companies ; and no doubt
the legislature as well as sassy learned persons both
at the bar and on the bench, had been of opinion
that a provisioaal committee were within the category of •
I company. The legislature, however, were the makers and
not the expounders of the law. It had frequently been de-
cided in Weetmiaster Hall that a provisional company was
not a company or partnership, or corporation, but merely a
body of individuals, each liable ooly for his own acts; and
upon this principle, as such a body bed been brought within
the operation of the sets, the we was to be dealt with.
Now, it appeared that the evidence in the Master's office had
fallen short of showing liability in any contributory in ree
apect of the claim in question; and to receive it as a debt
against the whole body of contributories, leaving it to subse-
quent proceedings to establish who was liable, might be to
admit a debt which did aot is fact exist. The petition 'herald
therefore be dismtmed, but without costs.

COURT OF QUEEN'S BENCH.—YESTARDAT.
/lemma to Bartow-13truac Loan Cassitzu, MB. Rama Parra-
soß, $L Janice COWIDOI, LCD MIL hence WIONTNIAN.
WILSON e. Donna.—ACTION POl Uall AND.OOCI:PATION
OF CERTAIN PILRYISIII.
This was an action which had bees brought for use and
occupation. sad a verdict had been found for the plaintiff,
damages 7091. A rale vial for a new trial had afterwards
been granted on the ground that the learned judge who teied
she can►—Mr. Janice Willisms—had improperly permitted
a elite's., who proved the agreemeat under whickthe delis.
dant occupied the premises, to refresh his memory by look log
at a written document which had been signed by the parties
at the time the agreement had been enter. d into.
Mr. Daunt (Mr. Skinner was with him) now showed
cause sgaisst the role, and argued that the learned judge
was rignt in allowing the witness to refrifth hie memory by
the document which had been written before the agreement
by word of mouth was made, on which the action IMP
banded. The writ:en agreement was signed by both
parties, and the fact of the parole agreement having been
put into writing, did not deprive the parties of the benefit at
the parole agreement.
Lord Campbell, without calling upon Mr. Keating, Q.C.,
who appeared in support of thong., said that this was mam-
mon case of a written contract being attempted to be proved
by oral evidence. The rule for a new trial mint therefore
be Blade absolute.
The rest of the judges concurred.
Ruts abeAate.

BAIL COURT.—YUTERDAT.
Ex PANTE WINBAII.—COVETT COVETS ACT.
Pearson ro..ted for en attachment against the judge
of tha County Court of Surrey, for not returaing a writ of
certiorari, which bad been granted at the instance of
Wenham, to remove a case out of the country court for
the purpose of having It tried before one of the judges of
the superior courts. The action was upon a bill of exchange
which the denadant swore was a forgery. The writ had
been regularly sieved, but the judge had taken no notice
of it.
Mr. Justice Erle—Have you considered whether the eer-
timers n Rot altogether ta'...en away ? There has been some
doubt upon the subject, and probably that is the ground
upon which the judge took no notice nt the writ.
Mr. Pearson—That querlon has been before the Court of
Eseissigner, mad Baron Parks expromed his opinion that the
rortieesitis not taken away.

Rule obi printed.
IN at JOSZPIt HARILIS —QUALIFICATION FOIL ALDelt,
NAN UNDER Tilt MUNICIPAL CORPONATIONe ACV.
Mr. Cowling moved foe a yule in the nature of a quo war-
mest*, calling upon Joseph Hawker to show cense by what
authority he startle d the office of alderman foe the boreegh
of Neweastle upon-Tyne. It appeared by the affidavits that
ea the 9th of November. 1850, seven alders's* went out by
rotation and seven were elected in their room, but one of
j these refined to qualify by signiug the savoury declaration
within the five days, and accordingly on the 20th the council
mat for the purpose of filling up the vacancy thus created.
It then appeared that Hawke, was to be pot in nomination,
bat *notate wee read aloud to the council to the effect that
he was ineligible, not being qualified, turnip ing the reasons
why. He was nevertheless sleeted sod acted. The qualifi-
cation fee alderman, by section 25 of the Municipal Corpora-
tions Act, Is that the party must be • councillor, or qualified
to be sae ; sod the qualification for councillor is, by section
28, that the party must be entisled to be on the burger list.
By section 9 the qualification for the burgess list Is that he
shell have been an occupier within the borough, and an in-
habitant householder within the borough, or within seven
Miles of it„ for the space of three years. Hawke* had not
been an inhabitant householder for more than one year, but
he was in tact upon the burgess roll. It was now contended
that the being upon the roll, in fact, unless qualified to be
Wee, was immaterial—Rule granted.
MANN V. But' ItelteteLD.-1111P0117•117 DICIOION CND=
THU COUNTY COURT" ACT.
This was as action of trespass for breaking and entering
the plaintiff's dwelling house, and carrying away his goads.l
The defendant pleaded, first, not guilty, sad secondly, that
he was high bailie of the County Court, and that a writ of
fl. fa. had issued out of the County Court against the plain.
tiff's goods, and that he entered the dwelling-house, and took
the goods by virtue of that writ. Replicadoo that although
it was true that • writ of fi. fa. had issued, yet the defendant
cossitted the grievances complained of, of his own wrong,
and without the taupe in the plot mentioned. The case
we. tried at Guile/led, before the Lord Chief Baron,
and the jury gave a verdict for plaintiff—damages
105. The judge who tried the taus. did not grant •
certificate that the au was fit to be tried before the superior
court, and the Muter had refused to tax the plaintiffs costs.
The present rule had, therefore, bees obtained, calling on
defendant to show cause why the Master should not allow
the plaintiff the costs of the action, and against this rule.
Mr. Montague Chamber, Q C., now &bowed ante, and
stated that the object of the ride was to pat an interpretation
upon the 128th and 139th sections of the County Courts Act,
9 and 10 Vie. c. 95. He contended that under the 139th
section it was clear that this plaintiff was cot entitled to his
coats. By that section it is enacted, "if any per•
son shall bring any suit in any of her Majesty's
superior courts of record in respect of any grievance
committed by any clerk, bailiff, or officer of any court
holden under this act, under colour or pretence of the pro-
cess of the aid court, and the jury upon the trial of an
action shall not find greeter damages for the plaintiff than
the mum of 201., no costs shall be awarded to the plaintiff in
such action unless the judge shall certify in court upon the
back of the record that the action was fi to be brought in
such superior court." This clearly deptired plaintiff of his
eats; but then by section 128 it ia enacted, "that all
!metiers and proceedings which before the passing of the act
might have been brought in any of her Majesty's superior
courts where any officer of the county court shell be a party,
except in respect of any claim to any goods taken in execu-
tive of the profess of the court, or the proceeds or value
thereof, may be brought and determined In such sup,.
nor court et the election of the party suing, as if
this set had not pared." It was contended on the other
side that this section relied a concurrent jurisdiction in the
present cue ; but that is not so, for this case comes within
the exception, the claim being for goods taken in executioa;
but even if the sections are so inconsistent that ao reasonable
construction can be put upon them, then the court will
consider the latter section In the act as overruling the prior
ems.
Mr. Pearson, for the plaintiff, contended that there was
ao such role of construction for acts of parliament as that
contended for on the other side; It was true that such •
principle had been applied to wills, but to no other document,
and that it the court thought the two sections irreconcilable,
It would give effect to that which wee most in accordance
with the general principles et law. He contended that the
exceptioa in section IS did not apply to • case like the
present, but was intended to apply to cease provided for by
section 115, where the my 'MO words are used. Bath eases
bass claims made in newt of goods taken in execution by
any landlord or any third party, and which rani a coarse
of proceeding similar to an tntetpleader bone. He admitted
that If the cue etoodiou section 139 alone the plaintiff would
be deprived of his costs, bat contended that the legislature
had clearly intended by section 128 to allow a coocurreat
jurisdiction, where officers of the county court were con-
ceraed, thinking it probable that a judge of the county
awn wield naturaffy have too aerauJl a loaning towards
the protection of kis own officers. This view of the use
.w 459 amity sopportri by 0.• onnewbidi bad

~.