The Express.
London, England, 1850-11-14 00:00:00

PAROCHIAL REFORM.

Last night a meeting of the committee of the St.
Mary Islington Parochial Reform Auociation was held at
the Prince of Walee Tavern, Sudely-street, Mr. C. 11. ELT
in the chair, for the enrolment of members and other
business.

Mr. PALMER read the report of the sub-committee
which had been appointed to inquire into :the legelPy or
illegality of the act of the trustees in refusing to allow a copy
of the gas contract to be taken, from which it appeared that
the trustees were net compellable, by the 20th section of the
local act to give a copy of the contract, although they were
bound to allow an inspection of It.
Mr. HARRIS stated that he had sent the protest of the
Iratepayers against the appointment of an minium. clerk to
the trustees at a salary of 2001. a year.
' Yr. RALLIS then read the report of the sub-committee on
the shuechwardens rate and highway rate from which he
extracted the following items, which would show the meet-
ing how the money of the ratepayers was expended; raid
Mr. Baker for washing surplices, 61. 6.. ; ditto, 17a. 6d. ;
ditto, 61. de. ; ditto, IL 16.. 91. ; brooms and mope, 19,. 45 ;
bell-ringer{ " on the birth of a prince," 31. 6e. ; cab to Scot.
land-yard and back, 18e. ld. ; bell-ringers, " on the powder
plot," 31. 101. ; hanging:the church with black cloth on the
death of the Queen Dowager, 211-(cries of " Oh, oh")-
ringing bells on the coronation day, 81. 7e. ; winding ehurch
cloak, U 17.. • cutting grams en the green, 81. Bs. ; bell-
rthged '
on the Queen's birthday, 41. 4e. Bd. ; suit of clothes
for tee beadle 91. 16s. ; hat for beadle, 1/16e, • painting
rails of St. Mary's Church and Dlington-green, 1341.31.6 d.
There were several other items of a similar description.
The smells( manifested the utmost surprise and indigna-
tion at most of them items.
Mr. HARRIS said he had also looked over the highway
1030111104 from which he and Mr. Pike extracted the follow.
iag items I-Cortege of roads, 1491. 19r. 45. ; scraping ditto,
661. ; eleeniug oonrts and alleys, 671. 10c; stamps, Welters,
piny An, 1.5.. 34. ; poundme, 1521. is. 104. ; the total expen.
drier.up to March 26 wa43,7691. 7s. 70., and the balance in
head wee 1,0481. 14a. 66., making a total of 4,8081. 2e. 2d.
Comb hire, 81, da 84.; paid Md.-Wilson IL 12e. 2d. for two
coaches for four hours ; ditto, three hours, 11.95., ditto, two
hours and a half, 11. ss. ; ditto, one hour, 18s. 4d. There
was 691. 90, 2d. for granite to Cenonbary Tower, with
respect to which he could obtain no information. Tree
total expenditure from March 30th to June 80th was
4,4171 18e. lid., and the balance le hand was 8171 10e. 2d ;
making a total of 6,2351 Bs. From June to September
there were items such as the following--Cleaning courts
and alleys, 8841 6e. 3d.; wrack hire for 12 hours, 71. as. 3d. ;
sundries, 1271. 10e. • stamps, pens, and ladled, 81. 14e. 9d. ;
strestkeepers sundries, 231. 13e. Bd. • boots for do., IL Be. ;
s mutt of doilies for do., 81 • hat for do. 11. 81. The total
expenditure, op to &Meatier 30, was 3,6861.8.. 4d., with a
balance of 61816 e. The report of the sub-committee ap-
pointed to Investigate them matted stated that there were
several items In these meounte which required the -serious
attention 'of the tullspeyees; The talatmiyura ware paying
181 a week kw a large somber of men to wham the duties
of street eleaneine, at the same time that they wed paying
large dos for the matatenessit of able-bodied papers, who.
In the opinion of the oommittee, ought to be employed, se
In the whites al Maryiebone, SR Faneras, and St.
&oour.
ne's, Ramiver-eqeme, ITlnt the system of street-
lab
Mr. PIKS mil that he bad looked coax them sesonnts
with Mr. Mamie, and he amid wadi Me Hut r earrassay, as
thalratd ***Mew Wore Mime qifkar,ll...asr
arranlamperis wan ustatral mai
• Kt. /awl/ilk/a tolar.-Pallaar =mammas
whoa the seseisdent *t.lisnir candidate for
the aille of veettplorlailim neat &Mr Medics. Mr.
Lewis limited a h tirraltsatMar ava ataallisa.
tuna of ; be' bait Male- would be
tettsit th=rlstdmillitened lb; ttasihit..haweirattot
MI. SIMMS asscatied Ha lamakatlaa M MI% Palmer, is
tdiamatairta sera MO tuttpapes tettalt id a saaaltwaaa
wltti j&tiltest th• vatassaambhadam..
• Mr. GRUM'ei sevaid lisadtas sg
==*air @addiction at the ssiamisa at Mr. Palmer ,
ladi as Ma sesualty of an imagamllal and aiestudial
admithlettios 01 Me pad* heft, mastbag broke up.

IMPERIAL PARLIAMENT.

THIS DAY.

HOUSE Of LORDS.

In conformity with her Majesty's order of pri,,
C mucti, promulgated la last night's Geserte, ped,mtiat,
which stood prorogued wail this day, waa further prorormg
by commission until Tuesday, the 17th pmximi, Th.
Cannassioners were the Lord Chancellor, Neu the E.irof
Carlisle and Minto.

LAW INTELLIGENCE.

THIS DAY.

;COURT OF QUEEN'S BENCH.

Elmlxas 111 Basoo.—Biroas Loan CAIIPIRLL, MI. It +we Colt.
imam. Ma. Juana Wtournuog, Amu Ma. 41. crwt,
-

TIM Qualm V. Tall LORD' COII.IIII3,,IONEIvi of Tit%
TARAMIRY.—MANDAKI.:II.—Tats LASS QUEEN AD1114114.
The Recorder of the City of London (the Ilua.
Stuart Worthy, Q. C.) moved for ► rule to show calm i,y
a mandamus should i.ot be famed to the Luck Commonest.
ere of Her kfa;eety'eTreuury, directing them to pay to Lord
Brougham and Vans, the sole surviving trustee oldie joint.
ore of her late Majesty Queen Adelaide, the mean of the
quarter ending on the 30. h Dec. 1849, on amount of lite se.
nutty of 100,0001. per annum The learned Ritchie
said that he made this motion on behalf of Loso
Brougham, the oLly surviving trustee named in the ant of
parliament which empowered his late Majesty Wiliam the
Fourth to grant the late Queen Adelaide her Mature. He
(.be Recorder) made this motiou with the entire commune
of the executors of the late Queen Adelaide, Inc the purpose
of raising the question ae to her right to claim the lot
quarter of her annuity. One of the first seta done by the
late King William the Fourth was to send a =theta to
parliament to recommend them to make a provision r the
late Queen Adelaide in cue of his death. The ilou•e et
Commons assented directly, and the consequeuce was Chet
an set was passed of tholes and 2nd Wm. 4m, cap. 11, upla
the terse of which the question about to be to-night before
their lordships would arise. He apprebendeu that the
question would not depend upon any gentral rule of leer,
out upon the particular words of the act of Parliament.
Lord Campbell—You say that, under this act me remits.
tativee of her late Majesty are entitlec to a stun of runty
to be paid to them. Of course I give not the sliehtest
opinion a 3 to whether her late Majenty Will entitled ; het
the great difficulty is, that an eppltcation to the Cott of
Queen's Bench is not a proper mode of deciding the qua.
tion.

The Recorder contended, that the Lords C.immissionem
of the Treasury were the trustees of the publi: tor the dis-
tribution of a certain sum of money in a particular manner.
The learned Recorder here read the recital of the act of
Parliament, which provided for the payment of the annuity
during the life of her late Majesty, Queen Adelaide,
out of the Consolidated Fund, upon four parricide
days in the year— viz., upon the :Mils of March, 3om of
June, 30th of September, end the 30th ot Decem.vr. "The
first payment to be made upon the first of the said days sf:er
the death of his Majesty William IV., and the mud annuity
to be chargeable upon the Consolidated Fund of the United
Kingdon. The second section of the act provided the =Min
which it was to be paid, and the persons who were to ply it.
Than there was a provi,ion, vesting Marlborougt:house and
. .

liushy.park in the trustees; afterwards-there ma a
direct otter to the auditor of the Exchequer, to issue
debentures for the payment of the annuity out "of ;the
Consolidated Fund. by • subsequent act or par.
liniment the office of auditor of the Exchequer
wee done away with, end the duties of the office
were transferred to another officer, called the Comptroller
of the Exchequer. That act of parhament wee the 4th
01 William IV., cap. 15, the let sec ion of which abolished
the offic, aof the auditor and the lour tellers cal the Excite.
quer. Then come the clause under which this application
was made, requiring the Lord's Commissioners nt the Tree.
eury, in cases wi re sums were to be paid oat or the moo.
heisted fund, to issue debentures for the payment of tatas
sums. Thus there was • specific provision, by am of

parliament requiring that in ail eases of grants out
of the Coosolidated Fund, or specifie grant by the
authority of parliament, the Commissioners of the
Treasury should issue warrants to the Comptroller of
the Exchequer to order the credit of such sums out of that
toad. This was the first step in the =gauntry which ten
regulated by this act of parliament. The act w it on to sey
—" Atd the said comptroller, on the receipt of the cud w•
„. . . . . .

rant, having tint satisfied himself that the payments arc duly
authorised, Wall from time to time order credit to be given
from the bank of England." Tne Consolidated Fund out of
which the annuity eras to come under the commend of par.
liament, and not under the power of the crown, Ile (the
Recorder) submitted that then ware several wee in which
a mandsmns bad been inued to the lords commiwtosers of

the treseury, the most familiar of which were the cues is
which they were commanded to suns compensation.
Lord Campbell—No doubt whore there is a certain duty
thrown on them, and there is no other remedy, this court
will interfere. Bat is there no other remedy here ?
The Recorder contended that certainly there was not. The
mandamus would be addressed to the Lords Commissioners
of the Treasury and the governor of the Bank of Seemed.
There was no remedy by any other means. There was a
well-known case of " White o Smythe," which was in this
court, where a mandamus was issued to the L .rele C.comis•
sionen of the Treasury to pay a particular amorist of money
to Sir Carmichael Smyth., which they admitted they held
in their hands for that particular purpose. A. fat as that
point weat, it was a complete authority that the Lee.,
Commissioners of the Treasury were mer. ly officendirected
, by an wet of pietism( at to do • particular act. The ease
was eepreseed in the 4th Adol. and Ellis, page 2i6.
Lord Campbell—ln that cue the mandamus was obeyed
by my advice. They admitted that they had the money tor
the use of Sir Carmichael Smythe. and I thought that the
writ should be obeyed without being farther qw•tioned.
The ltecorder—lt was put upon the ground of that ad-
mission, Out it was also put upon the ground that the Lords
C. mmiseioners of the Treasury were public otfictrs, required
by a particular act of parliament to do a spec die thing. Tte
4th William IV. enacted that in all eases of grants out of the
Consolidated Fund certain payments should be made. That
sot having paned, his late Majesty, William IV., died on
the 20th of one, 1837. The cot authorising his late Mo
jest y to grant the jointer*, also directed the payments to be
made on four particular days in tile year, one of which wa
June 30th, and upon that day, his &Nasty having died on etc
20th, a whole quarter of the annuity was paid to the late
Queen Adelaide. The payment was resisted at the time;
but In (the Recorder) believed that one of their lordships
was consulted, and gave an opinion which, he was bound to
say, wu opposed to the view he was now urging upon their
lordship..
Lord Campbell—Since you refer to the opinion given ?.1
myself when attorney-general, I have no dinicully in nyieg
that the point is sufficiently <Fifteen to be fit for eunsideroute
before a proper tribunal ; but the question is whether this
court is a proper tribunal for deciding it. I then thought
that it would br a fit subject for b inn judicially decided, but
that opinion will not now have the weight of a leather in
any quarter.
The Recorder proceeded to state that the late Queen Ade.
laide continued to receive the annuity down to the 30:h of
September last. How she had spent that income it was not
for him (the Recorder) to say ; but certain it was, that it had
been granted to her for the maintenance of the dignity of
the crown, and well in every way had her late Mature
maintained it.
Lord Campbell—lf we acted according to our respect for
the memory of that pious and exaglent individual, we Aloud
have no difficulty in deciding this cue, but we must look to
the law.
The Recorder went on to say that upon the 2nd of Do
amber, 1849, Queen Adelaide died, and there was, there.
fore, a portion of the annuity due, on scant
of the time between the 30th of September, 1849, 0,1
the 2nd of December, during which time her late Wont,.
We continued. The learned Recorder then went on to ruts
that Earl Howe, as Queen Adelaide's chief executor, and
Lord Brougham, and her late Majesty's solicitor, had applied
to the Lords Commissioners of the Treasury for the portion
of the annuity said to be due, and had received an
answer thao the Lords Commissioners were advisee that it
was not due, and could not therefore pay it. The learned
recorder concluded by submitting that be was entitled to
rule for a mandamus.
Lend Campbell—Take a rule to show cause.
Rule nisi for • mandamus granted.