The Sun.
London, England, 1852-12-03 00:00:00

FERIA

played in all Sir Henry Ward's magisterial proceedings.
rIAMENT. The only atrocity he could perceive in the conduct of the
hon. baronet was that, in the case of people imprisoned
for sedition, he had offered to liberate them on a promise
of good behaviour for twelve months. With regard to
the protest the hon. member had referred to, it had only
received three signatures. In his opinion, Sir Henry
Ward was entitled to considerable praise for his mo-
deration.
Lord J. RUSSELL was extremely pleased at the
statement of the right hon. gentleman. He considered
that Sir Henry Ward had, in his very difficult position,
shown great liberality, and was entitled to considerable
praise.

HOUSE OF LORDS.—(YESTERDAY.)
Their Lordships assembled at five o'clock.
The Earl of ENNISKILLEN presented a petition
from Tyrone, praying for inquiry into the conduct of the
Roman Catholic clergy at the elections in Ireland.
The Earl of WINCHELSEA gave notice, that on an
early day he would move the appointment of a commis-
sion of inquiry into the system of education pursued at
Maynooth, with the view of ascertaining whether it
was opposed to that civil and religious liberty on which
the institutions of this country were founded.
COMMERCIAL POLICY.
The Marquis of CLANRICARDE, previous to lay-
ing his resolution on the table, with respect to the
commercial policy of the country, alluded to theigreat
advantages which would result, if their lordships could
come to as unanimous an agreement as possible upon a
resolution to the same effect as that[which was passed in the
House of Commons. He had no desire to raise any hostile
controversy in their lordships' house, and he trusted that
the noble earl at the head of the Government would assent
to the terms of the motion which he intended to submit
to the house. The noble marquis then read his motion,
which was to the) following effect:— That the house
acknowledged with satisfaction that the cheapness of
provisions, occasioned by recent legislation, had mainly
contributed to the improvement of the country and the
ncreased comforts of the industrious classes ; and that
unrestricted competition having been adopted, after due
deliberation, as the principle of our commercial policy,
it was the duty of the house unreservedly to adhere to
that policy.
The Earl of DERBY said he was desirous, like the
noble marquis, that a question of this kind should be de-
cided by a resolution which was likely to meet with the
general concurrence of the house; and though he
did not himself entertain any great objections to the
terms of the motion, because he believed the cheapness
of provisions had increased the comforts of the labouring
classes, yet he thought it would be more advisable not
to raise any discussion on those words of the noble
marquis, by going back at all to what degree or ex-
tent that: cheapness of provisions had been the main
cause of the increased comforts of the labouring classes,
and the increased prosperity of the country. The noble
earl then gave notice that he would propose the follow-
ing amendment to the noble marquis's motion :
" That this house thankfully acknowledge the ge-
neral prosperity, and deeply sensible of the evil attend-
ant upon frequent changes in the financial policy of
the country, adheres to the commercial system recently
established, and would view with regret any renewed
attempt to disturb its operations and impede its further
extension."
In reply to the Earl of DERBY,
The Marquis of CLANRICARDE intimated that he
would not submit his motion to the house until Mon-
day.
Their lordships then adjourned.

ROUSE OF COMMONS--(YESTERDAY.)
The SPEAKER took the chair shortly before four
o'clock.

Mr. DISRAELL—The right hon. gentleman the Chan-
cellor of the Exchequer was in his place to-night, and
appeared to have quite recovered from his recent indis-
position.

Mr. GREENHALL presented a petition, praying
the house to take steps to prevent corrupt practices at
elections, such as bribery and treating.
Mr. MACKIE presented a petition, praying for an
amendment of the Commercial Law of Scotland, and of
the mode of proceeding in Sheriffs' Courts.
Mr. RUME presented a petition from Mr. Grantley
Berkeley, complaining of corrupt practices at the last
election for West Gloucestershire, and praying the
house to institute a searching inquiry into the matter.
It partook somewhat of the nature of a controverted
election petition ; but the petitioner stated that he
should not go to the expense of prosecuting it in a com-
mittee, as he thought it was the duty of the house to
interfere in the matter, out of respect to its own cha-
racter.

Mr. T. DUNCOMBE presented a petition from
Islington praying for an alteration of, and extension in,
the Reform Bill.

ELECTION P .
The SPEAKER informed theETITIONS house that he had re-
ceived a report from the Examiner of Recognizances,
stating that the recognizances entered into for prose-
cuting the petition complaining of the return for Kid-
derminster were unobjectionable. He had also received
a letter from the agent of the petitioners in the Cocker-
mouth case, stating that it was not their intention to
proceed with the petition.
The members of the general committee of elections
were called to the table and sworn.
Mr. HUME submitted that the period had arrived
when these oaths ought to be dispensed with. The cha-
racter of the house required this, and he hoped this
suggestion would not be lost sight of by the Gpvernment.
The committee was ordered to meet to morrow.

THE SUN, LONDON, FRIDAY EVENING, DECEMBER 3, 1852.

Rye Bank, Rye—R. C. Pomfret and C0.....*
Ross Old Bank, Herefordshire, Ross—Prich-
ards and Allaway
Saffron Walden and North Essex Bank, Saffron
Walden—Gibsons and Co.
Salop Bank, Shrewsbury—Burton, Lloyd, and
Co
Scarborough Old Bank, Scarborough—Woodall
and Co.
Shrewsbury Old Bank and Shrewsbury and
Ludlow Bank, Shrewsbury—Rocke, Eytons,
and Co.
Sittingbourne and Milton Bank, Sittingbourne
—Vallance and Co.
Southampton Town and County Bank, South-
ampton—Maddison and Pearce
Southwell Bank, Southwell—Wylde and Co
Southampton and Hampshire Bank, Southamp-
ton—Atherley, Fell, and Co.
Stone Bank, Stone—W. Moore
Stafford Old Bank, Stafford—Stevenson and
Co.
Stamford and Rutland Bank, Stamford—Eaton,
Cayley and Co.
Shrewsbury and Welshpool Bank, Shrewsbury
—Beck, Downward, and Co.
Taunton Bank, Taunton—H. and R. Badcock
Tavistock Bank, Tavistock—Gill and Rundle
Thornbury Bank, Thornbury—Rolph and Co.
Tiverton and Devonshire Bank, Tiverton—
Dunsford and Co.
Thrapston and Kettering Bank, Northampton-
shire—Thrapston, Yorke and Eland
Tring Bank and Chesham Bank, Tring—But-
cher and Son
Towcester Old Bank, Towcester—Percival and
Co
Town and County of Poole Bank and Ring-
wood and Poole Bank, Poole—G. W. Led-
gard and Sons
Union Bank, Cornwall, Helston—Vivian and
Co
Uxbridge Old Bank, Uxbridge—Hull, Smith,
and Co
Wallingford Bank, Wallingford—Hedges,
Wells, and Co'
Warwick and Warwickshire Bank, Warwick—
K. Greenway and Co.
Wellington Somerset Bank, Wellington—Fox,
Brothers, and Co
West Riding Bank, Wakefield, and Pontefract
Bank, Wakefield—Leatham, Tew, and Co
Whitby Old Bank, Whitby—Simpson, Chap
man and Co
Winchester, Alresford, and Alton Bank, Win-
chester—Bulpett and Co
Winchester and Hampshire Bank, Winchester
—Wickham and Co
Weymouth Old Bank and Dorchester Bank,
Weymouth—Eliott and Pearce
Wirksworth and Ashbourne Derbyshire Bank,
Wirksworth—Arkwright and Co
Wisbech and Lincolnshire Bank, Wisbech—
Gurneys and Co
Wiveliscombe Bank, Wiveliscombe—P. and
W. Hancock
Wolverhampton Bank, Wolverhampton—Good-
ricke and Holyoake
Worcester Bank, Worcester—Farley, Laven-
der, and Co
Worcester Old Bank and Tewkesbury Old
Bank, Worcester—Berwick, Lechmere, and
Co

17,932

28,143

13,560

23,917

36,414

2,635

LAW INTELLIGENCE.

EQUITY COURTS—DEC. 2.
(Before Vice-Chancellor Stuart.)
THE ATTORNEY-GENERAL V. ATTWOOD.--STARCH-GREEN

ALMSHOUSES.

This information was filed for the purpose of obtaining
the sanction of the Court to the erection of additional
almshouses ; for a scheme for administering the charity ;
and for the appointment of new trustees. The facts
were that prior to April, 1810, grants had been made by
the lord of the manor of Fulham, Middlesex, of portions
of the waste land gratuitously to many persons. In that
year it was resolved to discontinue the practice, to take
money from the grantees, and to vest it in trustees, who
were to be selected from the copyholders—the funds,
when accumulated, to be laid out in erecting and main-
taining almshouses. This having been carried into effect
at Starch green, and 2,191 Three per Cent. Consols being
now unapplied, the case was brought before the Court, it
being stated by the existing trustees that the accounts
had been regularly audited and allowed.
Mr. Glasse and Mr. Nalder, for the relators, stated
that the point as to which there was some doubt was
whether the scheme should be prepared in the usual way,
by reference to the master or to the chief clerk. It was
also suggested that the parties might exchange drafts of
respective schemes, and submit the points on which they
might differ to the Court.

The Vice-Chancellor Zid he would not decide these
matters until he had spoken to the other judges on the
subject.

Mr. J. H, Palmer suggested that under the 54th sec-
tion of the Equity Jurisdiction Improvement Act, the
Court was empowered to give directions for taking the
accounts, and that the books of the trustees should be
taken as primp facie evidence of their accuracy. He
understood the other side had no objection to this course.
The Vice-Chancellor considered that it would be pre-
mature, at present, to give such directions. The chief
clerk, if necessary, would take directions from him, if he
required them.

(Before the Master of the Rolls.)
FOGLIONI V. MARTIN AND ANOTHER.-JUDGMENT.
The Master of the Rolls gave judgment in this case,
which he observed was a suit brought by the assignees
of Emanuel Brothers, for compelling the specific per-
formance of a contract between Martin and Ritchie, and
the firm of Emanuel. It appeared that Martin and
another person, named Blogg, had been in business to-
gether, and had transactions with the Emanuels ; and
Blogg having died, certain claims were made by the
Emanuels upon his estate. These claims Martin and
Ritchie had, as alleged, entered into a contract to make
good, or purchase up. The contract, however, was de-
nied by Martin absolutely, who said he never approved
of the deed, though he had read it, and certainly never
executed it. The second defendant, Ritchie, admitted
he had signed it, but alleged that the contract was
neither valid nor legal, it being a contract at best for the
sale of a right of action. The Master of the Rolls said
that he could not, upon the evidence in the case, hold
that Martin was a party to this contract, and therefore
as respected him the suit must be dismissed with costs.
The case of the other defendant was altogether different.
He, on his own admission, signed the instrument, and
the Court therefore decreed as against him, specific per-
formance of the contract, but without costs, as he had
acted bond fide throughout the transaction.

Worcestershire Bank, Kidderminster—Farley,
Turner, and Co
Walsall Old Bank, Walsall—Charles Forster
and Sons
Wolverhampton Bank, 'Wolverhampton—R
and W. F. Fryer
Yarmouth and Suffolk Bank, and Halesworth
and Suffolk Bank, Yarmouth—Gurneys,
Birbeck, and Co
Yarmouth, Norfolk, and Suffolk Bank, Great
Yarmouth—Sir E. H. K. Lacon, Bart., and
Co
York Bank, York—Swann, Clough, and Co

COURT OF BANKRUPTCY—DEC. 2.
(Before Mr. Commissioner Evans.)
IN RE THOMAS SEVERS.

The bankrupt was a warehouseman in Basinghall-
street. His accounts commence in January, 1847, with
a deficiency of 7,5601., and close June 8, 1852, with the
following items:—Unsecured creditors, 12,7001.; liabil-
ities, 13,6971. • good debts, 1,545; property, 2,9401.
This was the certificate meeting.
Mr. Linklater, for the assignees, said they had no
wish to oppose the application of the bankrupt for a
certificate.
Mr. Lawrance said, of the deficiency of 7,560/. in
1847, 6,8001. was owing to an uncle of the bankrupt's.
That debt had not been paid, and the bankrupt's rela-
tions were large creditors.
His Honour said the deficiency of 7,5601. had been
satisfactorily explained, but he felt bound to mark his
disapprobation of the bankrupt's expenditure by a sus-
pension of his certificate (second class) for a period of
three months.

36,710

11,326
43,807

IN RE MEDLEY.
The bankrupt was a horse-hair manufacturer. His
debt are from 2,0001. to 3,0001. There are no assets.
The bankrupt is supposed to have departed for Aus-
tralia.

Mr. A. A. Jones, for the assignees, said the bankrupt
had failed to surrender to pass his examination, and the
Court directed a proclamation of outlawry to be made at
the usual hour.

a convert to the Established Church. This was a very
convenient way of exciting sympathy on her behalf, and
imposing upon the ministers of two different persuasions.
But she had grossly aggravated the facts in her state-
ment of the alleged assaults.
Mr. A'Beckett said that it had been stated in the
course of the examination that two persons were present
who witnessed the alleged assault ; were they now in
attendance ? as all the witnesses were ordered out of
court in the first instance at the express desire of the
parties. He (the magistrate) should like to hear their
evidence.

Mr. Watson, however, declined calling any witnesses,
the complainant having described everything that oc-
curred.

Mr. Salomons, on the behalf of the defendant, also
expressed his intention not to call any witnesses, ob-
serving that in point of law it could not be denied that
an assault had been committed, if gently touching the
complainant with an umbrella could be construed into a
breach of the peace. The facts were these—his client
was sent for to relieve the complainant, and as he had
reason to suspect she would not disclose where the father
of her child was to be found, he questioned her closely
upon the point, and it was evident she was telling false-
hoods, he rebuked her, at the same time gently touching
her on the shoulder with his umbrella—this was the
assault. And with respect to the language attributed
to the defendant, he solemnly assured him that there
was not one word of truth in it. It was obvious that
the character of the complainant for veracity could not
be much depended upon, more particularly as no wit-
nesses had been called to support her testimony ; he
should, therefore, leave the case in the hands of the
magistrate.

A'Beckett expressed some surprise that no wit-
nesses were called on either side, and said that under
the circumstances he should send the case before a jury
without making any remarks himself on the subject, and
for that purpose should order the defendant to enter into
his own recognizance in the sum of 1001. to appear and
answer the charge at the sessions.

THAMES.—A poor man named Carpenter, a regis-
tered coal-whipper, was charged with leaving his family
of three children chargeable to the parish of St. Paul,
Shadwell.
Mr. Sargeant said the defendant's children had been
for some time maintained by the parish, and that 61. had
been expended on their behalf, not one farthing of which
had been paid by the defendant, who, he believed, was
in a condition to partially reimburse the parish, and to
support his children in future. The prisoner was a
basket man, or foreman, and his earnings averaged 255.
a week.

The defendant said he met with an accident some time
ago by falling into the hold of a ship, and was taken in
an insensible condition to the Dreadnought Hospital,
where he remained for several weeks, and he was not
yet perfectly cured. While he was in the hospital-ship
all his furniture was seized for rent, and his home broken
up. He had no home in which he could shelter them,
and the remuneration for coal-whipping was so very low
that he really was unable to maintain them.
Mr. Sargeant said the parish did not require the 61.
already due, but it was considered that he was able to
pay 6s. a week for the future.

The defendant—That-is as much as my average earn-
ings, and I am now ill and lame. I would gladly sup-
port my children if I could.
Mr. Deering, principal clerk in the coal whippers'
office, said it was quite true that the defendant had met
with a serious accident. Since the defendant had left
the hospital he was obliged to give up work for a week
or two at a time. Their average earnings for the last
three months had not exceeded Bs. per week, and their
labours were very heavy.
Mr. Ingham was sorry to hear the wages were so low,
and asked what were the earnings of the basket men ?
Mr. Deering—ln no case did the earnings of basket
men, who were foremen of the gangs, average more than
10s. per week. He had taken the accounts of three bas-
ket men, whose earnings were larger than ordinary coal-
whippers, and their wages averaged 9s. or 10s. per week.
At present, the defendant, if in perfect health, might
earn lls. per week.
Mr. Ingham—So it appears. How are they able to
support their families and pay rent ?
Mr. Deering—Many of them are in a wretched state,
living upon insufficient food. I don't believe one out of
twenty coal-whippers pay any rent at all. They can't
do it, and they are obliged to go in debt wherever they
can, and their children are running about the streets half
naked and without shoes and stockings.
Mr. Ingham said it was evident the defendant could
not pay 6s. per week. He must pay 2s. per week, and
when he was able and in full work give more.
The defendant—l wish to support my family, your
worship ; but what am I to do ?

Mr. Ingham said it was a distressing case, and he was
sure the parish officers did not want the defendant
wholly to maintain his children until he recovered his
strength, but he must do something.