The Sun.
London, England, 1852-10-25 00:00:00

ettllnt -

LONDON, MONDAY, OCTOBER 25, 1852.

Nearly 300,0001, after the payment of all the
expenses connected with the Great Industrial Exhibi-
tion, remained as the surplus in the hands of the
Royal Commissioners. Nearly 300,0001. ster-
ling ! And already it would seem almost every six-
Pence of that magnificent sum has been expended.
Hew this has been accomplished, the nation will
doubtless wonder ; but it will wonder still more when
it learns that it has been effected simply by the device
of purchasing a cluster of market gardens as the site
of a new National Gallery—this rather expensive site
being situated 'between Brompton and Kensington.
After this, JOHN BULL may well pmaphrase what
has already been go delightfully paraphrased by Dicx
SNIVELLER. He may reasonably lament that he
never has a comfooliable little surplus in his pocket
but it is sura to be expended in the purchase of market
gardens ! Here are three plums rolled away quietly
for the acquisition of a plot of cabbages and a cluster
of gooseberry bushes. Not a hodful of bricks, or
a trowelful of mortar has, up to this moment, been
secured for the cons:ruction of the projected galleries.
But then the site has been obtained. Yes ! and in
obtaining tile site, the nation he had the in-
expressible honour of sharing from 200,0001.
to 300,0001. comfortably and cosily between the
hitherto lords' paramount of the land and seig-
neurs of the soil, between Monsieur la Baron de
VILLARS, and my lord the Earl of HARRINGTON.
It is really to be regretted, that the entire transaction
has been closed so precipitately. For the use to which
the surplus was put, the Royal Commissioners must
have known that, directly or. indirectly, they were
responsible to the nation at large—responsible so far
that they were assuredly to be looked to in the mat-
ter, for something like a rational appropriation of an
amount so enormous. Yet acting, of course, solely
upon their own judgment, it would now appear that
the whole sum has been squandered upon the one
object of securing ground for a building to be devoted
not merely to the preservation of the pictorial trea-
sures of the nation, but also to the promotion generally
of arts, commerce, and manufactures. The object
of this euterprize, is, of course, we admit, at once,
noble enough in itself, and one which we should re-
joice to see kept in view more sedulously than it
has been hitherto by the Members of the Impe-
rial Government. We bear in recollection with
unalloyed pleasure, the half promise that a
structure of this kind should be raised in the
immediate vicinity of the Metropolis at the earliest
possible opportunity—an intimation given in the
course of his speech at the last dinner of the Royal
Academy by the Right Hon. Gentleman the CHAN.,
CELLOS of the EXCEILQUER. It is high time indeed
that
England should have some edifice of the cha-
racier here implied, more suitable to the glory of the
United Kingdom than the wretched monstrosity of a
bu ld iog is
"
Teafalgar-square--the structure doing
duty a 3 a
--tet-stand in presence of two dumb-
waiterd by way of• . fountains. Anything,
we
all
be referable to the continuance of the
would preferable to
know,
c,lt in this direction—the disgrace f
disgrace Jong le s
portion of the national pictures
decorating beholding merely a
decorating the walls
of that odious architectural abo-
mination. Any thin g would be welcome in fact that
appeared to be calculated to bring about the desired
change—anything but the wholesale disposal of the
300,0001. surplus of the Exhibition for a group of
market gardens, agreeable by way of site, according
to the opinion, or perhaps, we should say, according
to the crotchet, of the Royal Commissioners.
MOSES, in the " Vicar of Wakefield," selling his
ather's colt for a gross of spectacles in shagreen cases

\—
his J
mA couth,
eirn,
st hoeo
ws t ofroyr oaf thhaenßa
feualn
ofS t al k,
mottle parting
beans—
afford ea w7sith
afford us tolerable illuBtration3 of the barguin r...- ,
cently made by the Royal Commissioners in theropputora-
chase of a few market gardens between Bro
and Kensington in return for the
ismit:btiatlioenf.
nearly3oo,ooo/.,the surplus of the Industr
Spectacles are, of course, very good things in their
-nd especially we might presume them to be
way, 1... ` a particularly short-sighted stripling
useful to Buell --kzAa alias JRNIIINSON. Beans,
as the dupe of BALM- ' doubt when nicely pre-
again, are capital eating nu But surely it must,
pared and seasoned a la haricot. rather remark-
on the:very face of it, be regarded as a . for a
those
able act of extravagance, the purchasing, .
so enormous, a collection of potato patcheslikGeal
intended for the site of our future National
The bargain, however, bad though we cannot but
has been made—c'est U7l fait accent])
deem it, iiletr:e.-
land is the nation's—the money is that belonging to
the Baron de VILLAILS and to Lord HARRINGTON.
Forty-eight acres have been bought for 150,0001.—0 f
twenty acres for 60,0001.—and smaller parcels
land, at the rate of 4,0001. per acre, have been ob-
tained in " hot haste" by the zeal 01 the Royal
Commissioners. There appears to be no help for
it—the ground referred to is now the property of
the country, and the House of Commons will calse-
quently be called upon to advance additional sums o.c
money for raising the superstructure. The " deed
being done," Parliament must make the best of it;
and we shall now, therefore, look forward with no
small solicitude to the course about to be adopted in
the matter by the lower branch of the Legislature.
At present, the few valuable paintings belonging to
the nation are scattered about in various directions—
some of them, and those not the least interesting,
being only accessible with some difficulty, and under
particular circumstances. There is the noble collec-
tion in Trafalgar-square—disgraced by being depo- ‘
sited in one-half of that miserable edifice, the other
half of which is appropriated to the Royal Academy.
There is the collection, in some respects still more
choice, at the Dulwich Gallery, with those exquisite
Pouissms and incomparable Murtu,Los. There are
the specimens of the English school in the curiosii:l-
- of what is known as Sir JOHN SOANE'S Mll,
seum—comprising, among other treasures, some of
the most masterly productions of HOGARTH. There
is the magnificent store of native works of art, now
decorating the apartments of Marlborough-house,
and renowned by the name of its public-spirited
founder as the Vuitzrom Collection : and there are
other and smaller groups of paintings still more widely
distributed, and some of them, for that reason, almost
entirely overlooked. If these treasures of art could
by any possibility be collected together in a grand
central gallery, worthy of England and of her:Metro-
polis, the citizens of London might not find such
ample reason to blush for our national want of taste
when visiting the gorgeous galleries of the Louvre,
and surveying the storied walls of the Luxembourg.
Under the particular circumstances of the occasion,
we must henceforth, therefore, look hopefully in this
matter to the munificence of the House of Commons—
a munificence more than ever requisite, now that the
whole of the surplus of the Exhibition has been ex-
pended in the purchase of those unfortunate market-
gardens, now that the amount, nearly reaching the
splendid total of
.800,0001., has been exhausted, now
that the country may be:said, in plain terms, to have
bought a " pig in a poke," at the precipitate recom-
mendation of the Royal Commissioners.

The Common Law Procedure Act—one of the
most important measures of legal reform ever intro-
duced to, or sanctioned by, the British Parliament—
has at length come into practical operation. The
dynasty of Joint DOE and RICNIABD Ron—time-hon-
oured potentates— is overthrown ; writs of distringas,
whether for the purpose of compelling an appearance,
or proceeding to outlawry, are, henceforward and for
ever, abolished ; and special demurrers and rules to
compute will be numbered with the past. We have
frequently expressed our opinion respecting this im-
portant measure. It is unquestionably a step in the
right direction, calculated materially to simplify the
proceedings in the Superior Courts. It does not,
however, go sufficiently far, and will scarcely be
accepted by Legal Reformers as a permanent settle-
ment of the question, or as full satisfaction of the
general demand fig cheap and speedy justice. The
end of the wedge has, however, been admitted, and
the power of future resistance to reasonable altera-
tions will be greatly reduced.

The statute, which contains no less than 236 sec-
tions, exclusive of the schedules, is fnunded on the
report of the Common Law Commissioners, most of
whose recommendations have been adopted. It in- ,
troduces very important alterations in practice which
may lead to considerable expense and vexation, until
the new system is thoroughly understood, and the
opinions of the judges have been taken on all doubt-
ful points which the ingenuity of counsel or solicitor
may discover. Its object is unquestionably meri-
torious. It aims at the abolition of useless techni-
calities, and allowing the decision of the Courts on
the merits of each action to be obtained so speedily as
may be consistent with a due regard to substantial
justice, and at a moderate expense. The forms of
action are, however, still retained, although the neces-
sity for such a course was strongly devised by com-
petent judges. The pleadings, too, are to be framed
in a formal manner, and forms are given in schedule
(B) as statements of causes of action which may
serve as precedents in similar cases.
It might have been better had the parties been al-
lowed to state their own cases in their own language.
We are aware of the high authority on which it was
considered that such a course would lead to useless
prolixity, and the introduction of unnecessary mat-
ter. We cannot, however, help thinking that a
plain and simple story briefly setting forth
the nature and character of the acts complained
of, and an answer, either denying the facts
or explaining them, would be far preferable to any
set forms, although the latter were free from all need-
less averments. The object of pleading is to enable
the presiding judge and the opposing party fully to
understand the case set up, and the points relied on ;
and it certainly appears that would be more fully ac-
complished, and the danger of " surprise" considerably
diminished, by the mode we have suggested. There
was, however, apparently too great a dread of the
assimilation of the proceedings in Law and Equity,
and the fusion of the several tribunals—a reform that
must eventually be accomplished, to permit the adop-
tion of such a course.
We shall now briefly explain some of the provi-
sions of the Act, which it is essential should be gene-
rally known, although it would manifestly be im-
possible to enter into all its details within the space
allotted to a leading article in a public journal. The
writ of summons is, as heretofore, to be the first step
in every suit ; but it is no longer necessary to specify
the form or the cause of action therein, and it may be
served anywhere within the jurisdiction of court, in
place of being limited to the county or bailiwick for
which it was issued. Concurrent writs, too, may be
obtained for service within and without the juris-
diction, so that it will scarcely be possible for any
person whose locality is known to evade the service of
process, and' thus set his creditors at defiance, while
he is certain of obtaining full notice of the proceed-
ings that may be instituted against him—a very
valuable improvement in every respect.

ingas
longhow
these absurd practices were tolerated. The object
for which they were sanctioned was that of enforc-
ing the appearance of a defendant, who could not be
personally served with the writ of summons, but who
knew of the proceedings, and kept out of the way to
avoid service, under the system now happily abro-
gated. When the various calls had been made, and
the judge satisfied of the bona file attempts to effect
personal service—in place of an appearance being at
once entered for the defendant, the writ was issued,
under which they were authorized to distrain on his
goods and chattels to the value of 40s. This dis-
tress, although utterly useless to the plaintiff, was
generally presented in the most stringent and vexa-
tious manner. It could not be sold, and, therefore,
it
thesiraliufieedof nothing4os.
,
orwohfetahesrinweheatfawrtashintga.ken was of
The full
value was, however, invariably taken. The Sheriff
was bound to restore the article or articles seized, on
an appearance being entered; but although this
was the law, still vexatious impediments were )

interposed, so that it could scarcely be ob-
tained again without a Judge's, order (procurable
only at a heavy expense), or by iTay meat of a fee to
the officer. The latter was the most usual course,
and constituted the reason why the full amount was
levied, and that on the most indispensable articles—
so that application for their return and the accom-
panying fee might be secured to the bailiff. Hence
forward the Court or a Judge may—on being satisfied
that reasonable efforts had been made to effect per-
sonal service, and either that the writ has come to the
knowledge of the defendant, or that be wilfully evades
service of the same, and has not appeared thereto—
order that the plaintiff be at liberty to proceed as if
personal service had been effected—subject to such
conditions as may be deemed expedient. All that
could be desired will thus be achieved, and the tedious,
-gious, expensive, and utterly useless process

vex..

io
avoided.
Le n
w t
eSheriffs'r
e even
v en
'ings to outlawry against parties residing
The proceb. ',*nations
infortmhealditiiffees ' abroad—the proc,.. - -us
Courts and other ridic,- -.4, while they did not
more vexatious and expensi... • - 4 the nature of
ensure a knowledge by the defends,- , Tn
Place
the suit about to be instituted against him. -. ,ig
of the worse than useless forms, the obvious plum I
adopted of permitting the service of the writ in any part
of the world, and whether a British subject or a foreigner
and on obtaining the permission of the Court or
Judge, to proceed in the action in such manner, and
subj
~ct to such conditions, as may be directed. Dis-
tinct pr: 'of of the debt, either before a Jury or a writ
of inquiry, or before a Master, is however, indispen-
sable in the cs'se of parties residing out of the juris-
diction, and the n:4king of such proof is i condition
precedent to obtaininj judgment. 11, however, there
be a special endorsemen!' on the writ stating the par-
ticulars of the debt or liquidated damages—which
special endorsement shall atai?d for particulars of
demand—final judgment may be Entered on default
of appearance by parties living in England. It is
essential that this provision should be universally
known,otherwise parties might unexpectedly fi,,,i them-
selves precluded from offering any defence or opposit;:n2
to the demand. If the special endorsement be omitted
a declaration must be filed, and if not pleaded to with-
in eight days, judgment may be signed by default;
and execution issued for any sum not exceeding the
solount endorsed on the writ of .summons, with inter-
est at the rate specified, if any; and such sum as may
be fifed by the Masters for costs, unless the plaintiff
claim more, in which case the coats are to be taxed in
the ordinary way.
Our space will not permit reference to the other al-
terations effected by this statate. The rules relating
to pleading, &c., however, are snore for the legal
practitioner than for the communitv in general ; and
ignorance thereof cannot produce such formidable re-
sults as those respecting the writ of wumous and
appearance, thereto above referred to.
1

The Duke of Newcastle is at present surrounded
by a family circle at Clumber Park, where his grace has re-
turned from Yorkshire.

- -------
The Marquis of Abercorn has renewed his lease of
the Earl of Chesterfield's splendid mansion, Chesterfield
House, which expired on the
.Ist inst., for another three
years.
Lord and Lady Brougham are entertaining a suc-
cession of visitors at Brougham Hall, Westmoreland. The
Hon. Mrs. and bliss Spalding joined their noble relatives
last week, from town. The noble and learned lord, we be-
lieve, has postponed his visit to his chateau on the frontiers
of France and Sardinia, until after the meeting of parliament.
Lord Mount Edgecumbe, who has been alarmingly
indisposed at Mount Edgecumbe, has rallied, and his lord-
ship is considered to be progressing favourably.
TEE DUKE or TEBCEIBA.—His Excellency the
Duke of Terceira (upon a special mission from her Majesty
the Queen of Portugal to the British Court) accompanied by,
the Luchess of Terceira, aides-de-camp, and suite, arrived on
Saturday afternoon at Mivart's Hotel from Portugal.
The beautiful mansion-house and demesne of Morne
Park, the residence of the late Viscount Newry and Morne,
have been taken, on a long lease, by Mr. E. G. Hallewell,
late representative for Newry, who purposes residing there
with his accomplished family.

hornoN.—lier Majesty has been pleased to grant
a yearly pension of 751. to Dr. Charles Richardson, "in con-
sideration of his services to literature as the author of a pew
Dictionary of the English language."—Ahenceum.

ROMAN CATHOLIC PRIESTS.—It is reported that,
early in the ensuing session of Parliament, a bill will b• in-
troduced by the ministry, " for the purpose of restraining
Roman Catholic priests at elections."
NEWS FROM THE DIGGINGS.—The San Francisco
has arrived from sydney, whence she sailed the 27th of June,
with about 13,000 os of gold, valued at 52,0001.

Tas CHRISTMAS PARTOMIMRS.—The gentlemen
who concoct the " comic scenes" for these merry annuals
hare been greatly perplexed this year, as the " examiner of
playa" at the Lord Chamberlain's office has cut out many of
their best jokes, and refused to license many capital scenes
on account of political or personal allusion.

THE CITY HosricE.—Yestorday morning, at half-
past ten o'clock, a considerable number of poor persons of
both sexes assembled in the dining-hall of the City Hospice
and Soup Kitchen, Victoria-street. It was nrranged that all
those who attended prayers should be regaled on their return
with soup and bread, and the savoury smell that issued from
five or six large boilers afforded the visitors most satisfactory
proof that in due time their piety would be rewarded. Of
course the rule adopted was, no prayers, no soup, and conse-
quently the visit to the church was a necessary preliminary
to the freedom of the kitchen. The females, about 35 in
number, .were sent to St. Michael's, Cornhill, aad the males
were formed into batches, and directed to proceed, under
proper superintendence, to the following places of worship :
To St. Sepulchre's 30; St. Stephen's, Walbrook, 24; St.
Vidast, Foster-lane, 14 ; St. Bartholomew-close, 16. Accom-
modation was not provided for a greater number, and there-
fore about 50 other persons who presented themselves were
not Bent to morning service ; they were requested to return at
half-past two o'clock, forth° purpose of attending afternoon
prayers, with a promise, of course, of getting their share of
the bread and soup.

THE CLARE-STREET NUISANCE.—An adjourned
vestry meeting of the parish of St. Clement Danes has taken
into consideration the question of the removal of the obstructive
nuisance in Clare-street. The interest the subject had ex-
cited caused so large an attendance that it was necessary to
remove from the vestry-room to the court-house. The
conduct of the paving-committee was very severely cen-
sured,. and a series of resolutions were carried, the
first of which charged the board with partiality in their
proceedings; the second condemned the conduct of certain
members of the committee, in preventing the street-keeper
from doing his duty; the third declared that the conduct of
certain members of the committee to a deputation of pa-
rishioners had been highly censurable, and that one of those
members was unfit to be again elected; and the fourth was
to the effect that at the next election the committee
ought to be composed of men who had no party interests
to promote, and who would treat the parishioners with
common civility. Mr. Lewis addressed the meeting in
defence of the paving committee, and moved another resolu-
tion, to the effect that it was their duty to carry out the Act
of Parliament, and, to preserve for the use of the public the
foot and carriage ways unimpeded. Mr. Jaquet pointed out
the mischiefs caused by the stall.keepers, and stated that the
conduct of the police (at which the magistrates at Bow-
street had expressed their surprise) had caused the misunder-
standings at the paving board. He said that he had that
very day seen little children dragged along the street to the
police-office for trying to sell a few onions, while the real
offenders, the stall-keepers, were unmolested. After consi-
derable discueeion, the vestry affirmed Mr. Lewis's resolution
by a maiority of 18. There is, therefore, now some probabi-
lity that the intolerable nuisance in question will be abated,
the decisive opinion of the parish having
been thus pro-
nounced.
SUPPOSED CHILD Mum:mt.—On Friday Massing
Thomas Mitchell discovered within the iron railings of 14,
Weymouth-street, the late residence of the Duke of Ormond,
the naked and lifeless body of a newly born male infant. He
instantly informed police constable 48 D, who conveyed it to
the workhouse, where it awaits an inquest, previous to which
the coroner has ordered an autopsy.

DEATII ISOM VIOLENCE AT GRAVESEND.-00
Saturday an inquest was held before Mr. Hilder' at the
itHhe m avy s waLeer,:
Brewers' Arms, Gravesend, on the body of Robert Patrick
Ferguson, aged 15. Joseph R. Jukes deposed that five or
six weeks ago he saw the deceased rowing to the Amsterdam
ter-
man, public-houses
Ht rnsr
y, where
Simons, deceased
strike got oht
iout.
across the arm and back three times. It was about three feet
feet long, and three-quarters of an inch thick. Patrick
Ferguson, father of the deceased, said the boy came home and
told him he had been beaten by Simons for taking his boat
to save some things from his (witness's boat. He came
back the moment Simmons called out to him. Mr. Crook
said he found a contused wound on the back of the
deceased, about four inches square, in which matter was
formed. On the Bth inst. the patient was feverish from in.
fiammation. The sore in the loins was the ultimate cause of
death. A verdict of manslaughter was returned, and Simons
was committed to Maidstone for trial.
FALL OP TWO HOUSES AT BAYSWATER,.—Yesterday
morning at an early hour, between 3 and 4 o'clock, the in-
habitants of Sutherland-place, Bayswater, near the bottom of
Westbourne-grove, were alarmed by a noise like thunder,
which turned out to be the downfall of nearly the whole of
two houses which were in the course of erection in that place.
The houses in question bad been "run up" by contract, and
had reached their full height, but the roof had not yet been
put on, the scaffolding was consequently still standing. They
certainly were not built very substantially (as is the case to
a great extent in that neighbourhood), and it is supposed
that the accident was caused by the great wet which has pre-
vailed lately, and has affected the foundations, which are laid
on a clay soil. The family in the adjoining house, which
belongs to the Rev. Dr. Magee, were very much alarmed by
the sudden crash and the shock which followed, but fortu-
nately no personal injury was sustained. Had the accident
happened when the labourers were at work, some six or more
men would in all human probability have been buried alive
in the ruins. The damage done is estimated at above 2001.,
and the remainder of one house, which still is standing, will
have to be taken down and re-built. We understand that
the houses belonged to Mr. Watts, chemist, of the Edgware-
road.

FATAL ACCIDENT ON THE GREAT NORTHERN
RAILWAY. On Saturday morning, between four and five
o'clock, a fatal accident happened to a porter, named John
Strong, on the Great Northern line. He was on duty at the
London terminus, and was crossing as the mail train came
up, when he stumbled and was thrown down, three of the
carriages passing over bins, crushing his arms and head, be-
sides inflicting other frightful injuries. He was removed with
all speed to the Royal Free Hospital, Gray's-inn-lane, where
he expired two hours after his admission.