The Sun.
London, England, 1863-06-29 00:00:00

PRIVATE BILLS.

The select committee appointed by the House of Com-
mons have presented their report. They examined many
witnesses, but all of them agreed that the ultimate decision
upon opposed undertakings ought still to rest with the Le-
gislature ; and, having regard to the character of the ques-
tions which arise, the committee concur in the view enter-
tained by the majority of the witnesses that no court of
inquiry could be constituted for the purpose of investigating
such questions, which, on the whole, would be so satisfac-
tory to the public as committees composed of members of
the Legislature. A proposal, indeed, was made by Mr.
Booth, secretary to the Board of Trade, which, " if it could
be adopted" would relieve select committees of a large
portion of the contentious discussion now carried on before
them, the suggestion being none other than to give such
free scope to the principle of competition as to allow no
railway schemes to be opposed on tke ground that they will
compete with existing lines. The c ommittee content them-
selves with recommending that, where " all parties con-
sent," the certificate of a Government department may
allow new lines to be made, or mutual arrangements between
companies for the working or use of their lines for limited
periods, or for raising further capital. A further Consoli-
dation Clauses Act is recommended. An important reso-
lution states the opinion of the committee, that an arrange-
ment ought to be come to between the two Houses for a
single hearing of contested cases. The appointment of
paid chairmen of select committees was suggested, but the
committee do not advise it ; they re commend that the select
committees consist of only three members, to meet at 11
o'clock, no member who has served 10 days to be required
to serve on any new inquiry in that session. They decline
to indorse a suggestion made that there should be power to
award costs as a check upon vexatious proceedings. The high
fees of Parliamentary counsel had the attention of the com-
mittee, and they consider that, instead of the ten-guinea fee
for daily attendance and five guineas a day for consultation,
only five and two guineas should be allowed on taxation.
The Attorney-General stated that the existing scale of fees
is not established by rules recognised by the bar at large,
and that counsel taking a brief before Parliament at lower
fees would not infringe any rule of etiquette of the bar in
general ; and the committee hope that, with the concurrence
of the profession, a modification of the present practice may
take place. The charges for Parliamentary agents and soli-
citors are under the consideration of the Speaker ; the com-
mittee condemn the practice of allowing solicitors to charge
Bd. a folio for copies of minutes of evidence, which are in
fact made for them at 2d. a folio. It is recommended that
the minutes of evidence be printed. In regard to the fees of
the two houses the committee condemn the system of ad
valorem fees, and recommend that the whole scale be re-
vised, so as to meet, but not exceed, the expenses thrown
upon Parliament by the private business. Among minor
recommendations is on that the advertisement of notices
in the metropolitan newspapers be discontinued.

IRELAND. -

DUBLIN, JUNE 27.

The Court of Queen's Bench gave judgment this
day in an important habeas corpus case, which. came
before them on an application by William Connor,
to have his son, who is at present an inmate of the
" Bird's Nest," at Kingstown, delivered into his
custody. The question in the case was narrowed to
the point whether the boy, being admitted over 14
years of age, was entitled to choose his domicile
irrespective of the wishes of his father. The Chief
Justice, Mr. Justice Hayes, and Mr. Justice Fitz-
gerald, held that 14 years of age was the period
when the boy should be regarded as having the
tight to exercise his will against the wish of his
father. Mr. Justice O'Brien dissented, and held
that 16 years was the period when the boy should
be taken as emancipated from the authority of the
father as regards his domicile. The boy William
Connor is, therefore, left to his own choice, and it
is understood that he elects to go back to the Bird's
Nest.

The "Black, List" case—" M'Nally v. Oldham"
—was concluded yesterday. The Chief Justice in
his charge to the jury explained the principles of
law involved in the case. The facts were few and
simple. Mr. Oldham, a solicitor, published a record
of judgments for a select number of subscribers,
who wished by getting this information to protect
themselves from loss by trusting with their goods
persons unworthy of their confidence. The plaintiff
swore that the particular judgment in question, the
publication of which in Mr. Oldham's list brought
down all his creditors upon him and forced him into
bankruptcy, was satisfied before the publication ;
that he informed Mr. Oldham of the fact, and that
:t was published notwithstanding. The defendant
denied the material part of the evidence of the
plaintiff, and produced witnesses to prove that the
bankruptcy was not caused by the publication, but
that it would have occurred if the judgment had
never been published. The judge said :

" The question was whether, on the 24th May, when the
list came out, the judgment which was the foundation of
the plaintiff's complaint was an existing judgment. In
point of law, if they believed that this judgment was paid,
as the plaintiff alleged that it was on the day before—and
they had heard the evidence upon that subject—and if they
believed that the publisher of the list was apprised, not
merely by a verbal communication, but by a notice, that it
was so paid before his list was published, the list as repre-
senting it as an existing judgment was a violation of the
truth and of the law. Formerly the Legislature required,
in order to make the satisfaction of a judgment complete,
that there should be an entry on the record of the payment
of it; but now the actual fact of payment is held by the
law to be equivalent to that satisfaction. The judgment,
therefore, would have been as completely swept from exist-
ence by the fact of payment, as it would have been by
satisfaction entered on the record. And yet the person
who had taken on himself to exercise this assumed autho-
rity required what the law itself did not require, and that
in violation of the actual provisions of the Legislature.
Therefore, when the defendant took upon himself to
publish to the world the condition of every one who
had a judgment against him, he should at least
have the caution to inquire whether the judg-
ment was in existence or not, He (the learned judge)
would not take upon himself to say that the mere publica-
tion of the judgment would of itself have amounted to any-
thing illegal; but this he would say, that a false represen-
tation made with respect to the judgment, being calculated
unquestionably to affect the credit of a party who was under
circumstances, as they had heard, to make it all important
that there should be no interruption, no difficulty, thrown
in the way of his credit, would be a serious violation of the
law, and an abuse of a privilege which if it existed ought at
least to be exercised with due caution. A v.ew of the case
had been presented to the jury which, if it had been made
out satisfactorily, materially affected the conduct of the de.
fendant. It was alleged not only that he had notice of the
payment of the debt, but that he himself offered to report
the judgment as since paid,' and did not do so. If the
jury believed that he was guilty of that omission, and that
though thus apprized that there was within his reach a
simple and easy mode of taking the sting out of the publi-
cation, he yet permitted it to remain, he must be answer-
able for the consequences."

The jury agreed that there should be a verdict
for the plaintiff, but they differed as to the amount
of damages. Ultimately they brought in a special
verdict that the bankruptcy did not result from any
act or representation of the defendant, but that the
jury found one farthing damages. It was the in-
tention of the jury that the costs should be paid by
the defendant, and they gave the smallest possible
amount of damages that would have that effect. Mr.
Oldham had ;given up the publication two years
before.

Another Scientific Balloon Ascent at
Wolverton.

Wolverton was all astir on Friday, on the occa-
sion of Mr. Giaisher's balloon ascent. Among those
present were the Duke of Sutherland, Lord Wrote
tesley, Professor Faraday, Sir Rowland Hill, Dr.
Lee, Col. Sykes, Mr. Negretti, &c. The ascent took
place precisely at one o'clock. It was blowing
rather strong at the time, and the instruments were
in danger of being broken. Mr. Coxwell, with his
customary tact, took opportunity of a momentary
lull of the wind, and the balloon ascended amidst
the cheers of the company assembled, three cheers
being given at the suggestion of the Dake of
Sutherland. The balloon kept in sight 15 minutes
and then penetrated some thick clouds. ;There
were about 66,000 feet of gas in the balloon.
It is capable of holding 90,000, bat the smaller
quantity was put in so as to allow for expansion td
the high ascent Mr. Glaisher contemplated making,
viz., five miles. All the instruments employed on
the former occasion were again in requisition,
there being in addition two bags supplied by Pro-
fessor Tindall, of the Royal Institution, for collect-
ing air at a high altitude for the purpose of analysis.
A photographic camera was also fixed to the car, in
order to take a photograph of the earth or clouds.
Messrs. Negretti and Zambra furnished the instru-
ments, as before, the first-named gentleman being
present and fixing them previous to the ascent.
At two o'clock the company, numbering upwards
of 100 leading gentry of the vicinity, together with
the gentlemen who were taken down by special
train, sat down to an elegant dejeuner in the erec-
tion shop of the company. The chair was occupied
by the Duke of Sutherland, there being on his
right Lord Wrottesley and on his left Professor
Faraday. After the usual loyal toasts, "Messrs.
Glaisher and Coxwell, and Success t o the Expedi-
tion," was given, and was responded to by Colonel
Sykes, who said it was impossible to find two men
more fitted to carry out such important investiga-
tions. Mr. Glaisher's scientific knowledge and
perseverance in his peculiar province were un-
equalled,
whilst Mr. Coxwell's indomitable courage
and skilful management enabled him to surmount
the difficulties and act coolly in such emergen ties
as happened on a recent occasion, when they
ascended upwards of 4,000 feet. Mr. Glaisher
then became unconscious, and Mr. Coxwell, his
hands being frozen, opened the valve by pulling the
cord with his teeth. In reply to " The British
Association," LordWrottesley said he personally felt
much interested, in an astronomical point of view, in
the experiments then being made ; they were of great
importance iu the ascertainment of the exact condi-
tions of the atmosphere, and the delicate ques-
tion of its refractive properties, for a great deal de-
pended on refraction in getting accurate calculations.
The toast of " The Scientific Balloon Committee" was
responded to by Colonel Sykes, who also dwelt on
thevalue and importance of scientific balloon ascents.
Mr.Tite proposed " The Advancement of Science and
Professor Faraday." That gentleman, in respond-
ing, said his interest in science Ni as awakened by
witnessing a balloon ascent by Lunardi, who at that
time created immense sensation by descending in a
parachute. What these investigations would result
in it was impossible to predict; but when we looked
back fifty years, as he could do, and saw what im-
mense strides science had made, there was every rea-
son to hope that we shall continue to progress at the
same rate. "The Royal Geographical Society and
Captain Speke" was then given. In responding,
that gentleman said he was grateful to the Geogra-
phical Society for the assistance they had afforded
him in his explorations 'in—he might call it his
country—Africa; but he had one thing to complain
of, and that was, that they did not furnish him with
balloons to explore the Mountains of the Moon.
Some other toasts were then given, and the com-
pany broke up.

A letter from Tebessa, in the province of Con-
stantina (Algeria), states that tho harvest in that district.
will fully realise the hopes entertained. The wheat and
barley crops are heavy and of good quality, and a consider-
able portion of the latter is already housed,