The Sun.
London, England, 1852-11-12 00:00:00

THE SUN, LONDON, FRIDAY EVENING, NOVEMBER 12, 1852.

except to the parties immediately concerned, who
have, generally speaking, many bitter reminiscences
on the subject, and whose pockets are heavily mulcted
on account of these frivolities, which would he emi-
nently ridiculous, but for the enormous and ruinous
expenses thereby entailed on the victims. It is there
that the leviathan sinecurist flourishes, who receives
some ten or twelve thousand per annum, for doing
nothing, and who feels a degree of virtuous indigna-
tion at hearing it supposed that he should ever
be called on to do anything, or to con-
tribute 'the most trifling sum towards the
expenses of having the real business of the office,
for which he receives such enormous payment.
There other jobs, as flagrant, although perhaps not
involving quite so large an amount, are to be found.
There has not, in fact, been the slightest improvement
since the accomplished author of " Ten thousand a
year" exposed some of the secrets of the Prison-
house, or since DAVID COPPERFIELD published his
reminiscences anent Doctors' Commons. The same
dull, sleepy, endless routine, conducted by the same
family party, still goes on. The same sums are ex-
tracted from the community. And, cui bono, what
earthly use or benefit is attained by the proceedings,
except giving handsome incomes to the practitioners.
There can, however, be no vested interest in such
abuses. Barristers and attorneys have been deprived
of many emoluments, but it was never contended
that what was bad in itself should be continued for
their benefit. The good of " the many" was pre-
ferred to the private interest of " the few," and ad-
vocates or proctors cannot expect to be treated in a
different manner or with greater indulgence.
It is true that " testamentary jurisdiction" is only
referred to in the Speech; but there ca❑ be no di-
luted or milk-and-water reforms in this de-
partment. The entire system is radically wrong,
and no attention or change can place it on a sound
foundation. Why should there be any ecclesiastical
jurinuctio. Are not the lay tribunals fully quali-
fied to deal with any questions that may arise, and to
adjudicate according to the rights of the parties?
Why should not the County Courts be authorized to
grant probates or letters of administration in undis-
puted cases ? And why should not the Superior
Courts at Westminster decide any point, however
abstract or complicated ? If a testator dispose of
real and personal property by his will, the validity
of that will must be determined, so far as the real
estate is concerned, by the verdict of a jury, and its
legal operation by the Courts of Equity or Common
Law, with an ultimate appeal to the House of Lords.
But as to the goods and chattels, personal estate, and
effects, a totally different tribunal must be resorted
to. The Court of Prerogative decides on the validity
of the will, thence there is an appeal to the Court of
Delegates, and from that to the Judicial Committee
of the Privy Council. How harassing must be this
double litigation to the unfortunate litigants, and
how greatly must it add to the public respect for our
legal tribunals, when a will is sometimes pronounced
good as to the reality, and bad as to the personality,
or vice versa
It is time that these anomalies should be cor-
rected, and we augur, from the announcement above
referred to that her Majesty's Ministers have
resolved on correcting the evil. When doing so, how-
ever, they will necessarily have to consider the other
grievances. The original wills, on which so much
property depends, must be placed in safe keeping.
Those who have read the admirable series of papers
in Household Words, " The Doom of English Wills,"
can readily conceive that these important documents
cannot possibly be in a worse position than at present.
They might be carefully preserved at less than a
tithe of the expense now incurred, and facilities
for inspection, searches, &c., might be afforded, now
absolutely unknown. We believe that the matter
may be entrusted to the hands of Ministers but we
venture to remind them that nothing less than the
total abolition of those nuisances, and the complete
transfer of the jurisdiction, will content the public, or
satisfy the reasonable expectations of legal reformers.

OVERLAND MAIL.

THE SHARE MARKETS

BRITISH RAILWAYS.

(BY EL.F:CTRIC TELEGRAPH.)

Closing Pricnt

We have received the lk,llowirg dispatch by the
Electric Telegraph, in anticipation of the Ovalaw
flail :

" TRIESTE, THURSDAY EVENING.

"The Austrian Lloyd's steamer Adria arrived this
afternoon, with advices from Rangoon to the 26th of
September.

" The first brigade of the advanced force had just
left Rangoon for Prome. It consisted of her Ma-
jesty's 18th Royal Irish, her Majesty's 80th Regi-
ment, and the 35th Madras Infantry, with eight gun.,
and a detachment of Sappers and Miners,
"It was accompanied by General Godwin, the
admiral, and almost all the heads of departments.
" The second brigade was to follow shortly, and
it was expected on its arrival at Prome that Pegu
would be ceded and annexed, and the war closed.
" There is no other news of importance.
" Money was abundant. Company's Five per Cents.,
107-k ; Debt, Four per Cent., 92k. Exchange on
London, 2s. Oil for six months' bills.
"Exports lively. Cotton, 96 to 105 rupees per
candy. Opium, 1,067 to 1,105 rupees per chest.
" Freights for London and Liverpool, 2/. 7s. 6d. to
2/. 103.

"From China we learn that the insurrection
against the Emperor was gaining strength."

FRANCE.

We have received the Paris journals of yesterday.
Under the Senatus-Consultum which has just been
promulgated, the choice of the Emperor Napoleon 111.
may fall upon either of the following persons, as suc-
cessor to the throne, in default of direct male issue—
viz., the sons by the second marriage of Lucien
Bonaparte, viz., Charles Lucien Bonaparte, Prince
de Canino, ex-President of the Roman Constituent
Assembly, aged 49 ; Louis Lucien, aged 39 ; Pierre,
aged 37 ; an 3 Antoine, aged 36. The surviving son
by the second marriage of Prince Jerome, Napoleon
Bonaparte, aged 30. The sons of Charles Lucien
Bonaparte, Prince de Canino—viz., Joseph Lucien,
Prince de Musignano, aged 28 ; Lucien Louis, aged
24;anp
Napoleon Jacques, aged 13. In addition to
these
and
dersmis who are susceptible of being called to
the succession, the new imrerial family will consist of
the following members, none of whom, if now unmar-
ried, can marry without the consent of the Emperor—
viz., Jerome Bonaparte, ex-King of Westphalia ; the
Princess Zenaide Charlotte Bonaparte, eldest daughter
of Joseph, brother of Napoleon, and married to the
Prince de Canino; the daughters of Lucien—viz.,
the Princess Alexandrine, wife of Count Vincent de
Canino, and the Princess Constance, a nun at Rome ;
the Princess Jeanne Bonaparte, married to the Mar-
quis Ilcnorate ; the Princess Mathilde, daughter cf
Jerome ; and the five daughters of Charles Lucien,
Prince de Canino.

The fall in public securities made further pro-
gress yesterday. The Four-and-a-Half per Cents.
opened at 106 f. 75c., and closed at 106 f. 20c. for the
end of the month ; the Three per Cents closed at
84f. 15c.; Orleans Railway shares, 1,725 f. ; Rouen,
980 f.; Havre, 505. ; Great Northern, 820 t. ; Basle,
365 f.; Paris and Strasburg, 800 f. ; Paris and Lyons,
910 f.; Great Western, 740 f.; Lyons and Avignon,
7406.; St. Dizier and Gray, 600.'.; Caen and Cher-
baurg, 6256.; Dijon and BesaLcon, 612 f. 50,-t. ; Bor-
deaux and Cette, 655 f.

BUSINESS DONE 1S FOREIGN RAILWAYS AT THE
LONDON zSTOCK EXCHANGE, Nov. 11, 1852.

Dijon and Besancon, B—East Indian, 28V,—Grand
Junction of France, 71/4 —.Great Western of Canada, shares.
11— Luxembourgh, 7—Ditto (Railway), 434—Namur and
Liege (with interest), 83's—Northern of France, 34—Nor-
wegian Trunk Preference, 95/8---Paris and Lyon, 2”4
Paris and Strasbourg, 33—'Paris, Caen. and Cherbourg, 9
Quebec and Richmond, 3A Rouen and Havre, 195
Sambre and Meuse, 10 li—Lpper India Scrip, 5 p.—Western
of France, 17%.

LAW INTELLIGENCE-(THIS DAY.)

EXCHEQUER COURT.
LUMLEY V. GYE.

lir. Creasy applied, under the new statute, for a rule
to show cause why the defendant should not be at liberty
to traverse certain matters contained in the declaration.
The action, in which the damages were laid at 30,0001.,
was brought by Mr. Lumley, the late director of Her
Majesty's Theatre, against Mr. Gye, the manager of the
Covent Garden Opera House, for having prevented
Mddle. Johanna Wagner singing at the former place of
entertainment in accordance with a contract entered
into with Mr. Lumley.
The declaration set out that the defendant counselled
and advised her not to fulfil the ent-ragPnaent, and agreed
to indemnify her trom all costs and damages which she
mig'it be made liable to by reason of breaking the con-
tract,

Mr. Baron Parke.—On what ground do you wish to
traverse.

Mr. Creasy.—First, the averment that the defendant
knew a contract was in force with Lumley when he en-
gtged Maddle. Wagner. I contend that the declaration
shows no cause of action whatever.

Mr. Baron Parke.—Do you pledgo your oath that
the facts proposed to be traversed are untrue?
Mr. Creasy thought the act did not require that.
Mr. Baron Parke,—The act requires that the party
shall state he is advieed and believes he has good grounds
to troverse the several matters.

The Court requested that the affidavits should be
amended, and that the matter should be brought before
a judge at chambers.

COURT CIRCULAR.

Queen went in state yesterday to the House of
etnhieedprbiyeeess Royal,
The
avLordsv.ccHaolaccompanied
;me
aopenjest
Majesty
haetnhSdeeishrsi Session e of Parliament
from the Throne.
do Brabant, the
The Queen and Prince Aibert returned to Bucking-
ham Palace at 35 minutes past four o'clock.
oßoyalil Highness Prince Albert,
" Comte Highnesses
d e the
F is edPrince
re e , a
and
Prince Alfred, and Princess
wet Buckin of Belgium, and their Serene
Highnessess the Prince and Princess of Hohenlohe Lan-
genburg, Princess Adelaide and Prince Hermann, of
14hent Palace at three minutes
the Ali Alice,
the
Princess Charlotte
before five o'clock, for Windsor Castle. The Ladies and
Hohenlohe,
Gentlemen in waiting were the Viscountess Canning,
Lady Caroline Barrington, the Earl of Verulam. Sir
Edward Bowater, Colonel the Honourable C. Grey,
Major General Buckley, Lieuttnat-Colonel the Honour-
able A. Gordon, the Master of the Household, Mr.
Gibbs, Colonel de Moerkerke, 'lid Comte de Briey.
THE DUKE or WELLINGTON'S FllNERAL.—Yester-
day, her Majesty proceeded, with Prince Albert and
the royal children, at four o'clock, to view the lying in
state of the body of his Grace the late Duke of Welling-
ton. Her Majesty was aceompteied by the principal
officers of her household, and wei received by the chief
officials of the Hospital, the Yemen of the Guard, a
detachment of the Life Guards, kid also of the Duke's
Regiment.
The Queen and the Royal parts went to the Padding-
ton terminus sad travelled to W
inisor by special train,
on the Great Western Railway,
Captain Stopford Claremont his been appointed by
the Government to attend upon tht foreign officers who
have come over for the late t
-ike of Wellington's
funeral.
The Right from 13. Disraeli, i'l
—iancellor of the Ex-
chtquer, gave a full dress din4tr on Wednesday
evening, at his residence, Grosvenct.gate, to members
of the House of Commons. The corrny consisted of
the Right Hon. the Speaker, Lo
Lovaine, Mr. E.
Egerton, the Marquis of Chandos,
Viscount Galway,
Viscount Mandeville, Viscountee"
g w Ptrt, Lord Claude
Hamilton, Lord Henry Gordon en
• —,Lord John Man-
ners, Lord Naas, Lord Stanley, Right Pe
-in. Spencer Wal-
pole, Right Hon. Sir John Pakingny Right Hon.
George Bankes, Right 110 n.
W.
BereAr'd, Right Hon.
R. A. Christopher, Colonel the Right
tin. Cecil Fo-
rester, the Right Hon. J. C. Henries, Rio. t Hon. J. W.
Henley, Right Hon. J. Napier..
..! John
L'rellope, Hon.
W. S. Cotton, Captain Hen. A•"II Dft
nei,). -re Hon. WW. S.
Knox, Sir Frederick Thesiger, Sir itzl/4:__
v Kelly, Sir
George Berkeley, Sir Thomas Herbert ,Sir
Jolliffe, Colonel Dunne, Mr. James "titeside, Mr.
Henry J. Baillie, Mr. Thomas Bateson,ton Der
C. L. Caro-
ming Hamil
Bruce, Mr. George A. ' --A W. Forbes
Mackenzie, Mr. Augustus Stafford, and Mr. T. B.
Courtney.

HOLIDAY ON THE 18TH INSTANT.—The
auen notice
,ommittee
for managing the affairs of Lloyd's have, in conssuence o! a
requisition numerously signed by the members,
that the establishment will be closed en ThFs
-,. also be
18th instant, the day appointed for the public fuu,:e,xti
the
late Duke of Wellington. The Stock Exchange 10, 3
closed, but the committee have not yet given the
official notice. They, however, meet to-morreweocreelTaY,
purpose. The Bank of England, the private. barl4.. tn 1
the joint-stock banks, will, as far as possible, be coxed nn
this occasion, and it is intended that only one or tw`'"" °
cloaksn
shall be in attendance at each establishment, for the
of paying bills due that day, and cheques that may j.
61dP
sented. The Custom-house, the Excise, the docks, '
ael 1
other Government or public places appointed for the trimac..
tion of business will also be closed, and the mercantilewm_
munity will, itis anticipated, adopt, wherever praetioable,
a similar course.
THEof bar-
liament, yesterday afternoon, her Majesty's Speech wasfor-
Quzeres SPEI CH.—On the opei ing
warded to the continent, by Messrs. Willmer and .Stnth
news and electric telegraph agents, by whom the first C6py
of that important document was delivered at the office of e
Submarine and European Telegraph Company in Cornhll.
The Royal Speech was not read by her Majesty in the Houie
of Lords until a quarter-past two, and not a copy was issues
from the Treasury previous to that hour; yet so rapidly wa%
it transmitted by the wires of the Submarine Telegraph._ 1
being at the rate of forty words a minute— that its receipt
was acknowledged by a return message from France at five
minutes past three, and a summary of it was posted at v e
Borsen Halle Exchange Rooms in Hamburg early in the
afternoon.

MONUMENT TO THE DUKE IN LIVERPOOL.—The
Aubscriptions to the fund for erecting a monum nt in Liver-
pool, to the memory of the late Duke of Wellington, have
now reached a mu exceeding 3,000/.