The Sun.
London, England, 1839-01-17 00:00:00

THE SUN, LONDON, TitURSDAY, JANUARY 17, 1830

cannot furnish a gentleman capable of acquitting
himself creditably in the chair, and therefore anplica,
tion was made to the Honourable Mernber for South
Essex to preside, who kindly accepted the invitation,
If we may judge from the scraps of eloquence of which
this gentleman delivered himself, Tory qualifications
must be at a very low ebb in this quarter of the City.
All that the adopted of Coleman-street Ward could
find to say in his novel capacity, was a few sentences
of very stale and very clumsy abuse of the QUEEN'S
Ministers,

The gentleman next in consideration to the Chair-
man was a Mr. POWLES-a clerk, we believe, ill one
of the Dock Companies—whose office it was to read
a twaddling Report, the main object of which seemed
to be to get the rich non-freemen to contribute to the
City guzzling funds, by coming down with 151. a-piece
for their freedom—an object truly worthy of a Tory
Association.

One worthy gentleman, by name HEATH, sagely
remarked, that if the Tories had had 400 more votes
at the last election for the City, their candidate would
have got in ! To which it may, perhaps, he a good an-
swer, that if the Liberals had had 400 more votes, he
would have been kept out—your IE, in such cases, is a
wonderful peace-maker.
After a Mr. PEA RSE had beslavered Mr. Hons-
LEY PA LATER, as one Tory never fails to do another,
the party separated, if not much wiser, certainly much
merrier, than when they met.

We are happy to see, by a letter from Mr. PATER-
NOSTER, inserted in another column, that measures
are in progress for the organization of a Society for
the protection of persons afflicted, or presumed to be
afflicted, with insanity. Such an institution has been
long wanted, and its necessity has lately been brought
home with irresistible conviction to the public mind, by
the exposure of the horrible treatment to which the

inmates of private madhouses are subjected. Mr.
PATERNOSTER'S ow•n cruel case was the first that
drew attention to this subject. His dear-bought ex-
perience must have furnished him with much valuable
information respecting the secret doings in these dens
of iniquity ; and he mad• rely on our assistance in his
endeavours to exhibit them in their true colours, and
to procure the adoption of a more humane and rational
system of treatment.

The great success of the steam-tugs, in saving so
many of the passengers and crews of the vessels
wrecked in the Mersey by the late hurricane, has sug-
gested the propriety of having a suitable number of

these steam-boats in every harbour along the coast.
The number of persons saved on that occasion pro-
bably exceeds the whole number saved by the exer-
tions of the Humane Society for the last ten years.
This alone is a powerful recommendation to the chari-
table and humane ; but there is also another .recom-
mendation which cannot fail to have due weight with
those interested in a pecuniary view—the underwriters
at Lloyd's and shipowners. The Fire Insurance
Companies find it advantageous to keep up large and
expensive establishments in London for the preserva-
tion of property, and but for this system they could
not afford to insure houses at even double the present
rates. Why shoirld not Ship Insurance Companies
follow the example ? The great proportion of ship-.
wrecks takes place on the coast, and often near har-
bours, wh-:re boats of this description, if under proper
management, could speedily afford relief, and the ex-
pense of such an establishment, compared with the
saving, would be a mere trifle ; we doubt even if there
would be any expense at all, as the whole outlay might
very possibly be covered by rates paid for towing
vessels out to sea or into- harbour against wind antib
tide. Without steam nearly all the persons saved at
Liverpool must have perished, and we cannot help
looking upon this fact as one of the most gratifying
results of the invention of the steam-engine, and as
affording a conviction that the numerous Humane So-
cieties throughout the country will speedily direct
their attention to the most powerful meAns of saving
human life ever discovered.

The Paris Journals, the whole of which we have
just received, announce the defeat of the Opposition
on the paragraph of the Address respecting the evacu-
ation of Ancona. On a division, on Monday, Minis-
ters, for the first time, found themselves at the head of
a majority of 29—there having lbeen 228 votes given
for the Ministerial Amendment, and 199 against
it. But this is not to be taken as any in-
dication of increasing strength, as, upon the
question of Ancona, the Royalists were pledged
to vote with any party favourable to the evacuation of
the Papal territory by the French troops.
The advises from Madrid are of the 7th, but they
are, politically speaking, of little consequence. In the
annexed brief extracts from the French Journals is a
paragraph from the Madrid Gazette, embodying the
only positive announcement contained in them
M. Pahz, Counsellor of State, arrived on the 9th at La
Rochelle, with a commk,sion from the Government. The In-
dicateur of Bortbaux, of the 13th, states that there had been
riots at Ro.tan. The corn market was attacked, carts loaded
with corn were stopped and the sacks opened and plundered.
The National Guard restored order. Numerous arrests have
taken place.
" The Arniorican of Brest states that a load of corn had
caused a riot at I'ontivy. The sacks were cut open with
knives, and the corn lost. This passed in presence of the
civil authorities and of the troops. The three summonses pre-
scribed by the law, sufficed to make the mob disperse. A
great number of persons have been arrested."—Le Constitu-

The Madrid Gazelle of the 7th contains a decree which
appoints a commission which is instructed to go the islands
of Cuba and Port Rico, to examine the state of those colo-
nies, and to present the draft of a law for their future go-
vernment conformably to the 2d additional statute of the con-
stitution of 1837.

According to the position of the army it appears from
official documents that the French army on the peace esta-
blishment has 311,419 men, and 62,149 horses ; and on the
war establishment 420,265 men and 121,892 horses.—Lc
Commerce.

BOURSE.—PARIS, TUESDAY, JAN. 15.
HALF-PAST THREE.—The vote of yesterday in the Chamber
of Deputies, favourable to Ministers, has had its influence on
the home stocks. For the account the Three per Cents.
opened at 78f. 90c., and rose to 79f. with a good deal of
briskness ; after hanging at from 79f. to 79f. sc. they took
a start, and closed at 79f. 15c., being a rise of 30c. The
Five per Cents. opened at 110 f. 60c., declined to 110 f. 40c.,
and rose to 110 f. 70c., and closed at 110 f. 65c., also a rise of
30c. For money the Three per Cents. are 25e., and the Five
per Cents. 20c. better. The Bank of France Shares are 10f.
higher. The Laffiite Bank I,ooof. shares are sf. lower, and
those of 5,000 f. unvaried. The Belgian Bank are 10f. higher.
The Spinish Active has had but the one price of 174. The
Portuguese Three per Cents. are the same for money as for
time. The St. Germain and the Versailles Left Bank have
each risen sf.

First Highest I owest Last
Price. Price. Price. Price.
French 5 per Cents
4 per Cents.
ap r Cents.
Bank of France 2615 —.2625 ...2610 —.2625
Laffitte Bank I,ooof. Sh
5,000 f. Sh
Belgian S per Cents.
3 per Cents. 66 40 ... 66 40 ... 65 40 ... 66 40
Bank 5:15 ... 605 ... 595 ... 605
Spanish Acti►e
Passive
Portuguese 3 per Cents.
Neapolitan
Homan

Coupons
RAILWAY SII R • S.
St. Germain 695 595 ... 595 ... 505
Verzailles, R.B.
L.B.
Rouen
939 ..930 ... 930 939
Orleans
St asburgh to Bale 332 59 ... 342 50 ... 319 50 ... 342 50
Bordeaux to La •1 este 419 ... 410 ... 4W 410

... 30

... 30'

russels and German Papers have been received
this morning. The former state that all alarms,
origi-
nating in an apprehension of the solvency of the Belgian
Bank, are happily removed. A paragraph relative to
a frightful railway accident near Brussels will be found
elsewhere. The German Papers are destitute of inte-
resting intelligence.

sELci lAN 4, I/ NDS-13aussrm, JAN. 15
Actual Debt, 23 per Cent.
Rothschild's Loan 5 per Cent.
Loan of Thirty Millions, 4 per Cent.

Spiv
3 per Cent. 67%
Loan of City, 1832.4 per Cent
Society of Commerce, 454 per Cent 124
Bank of Belgium, 5 per Cent........ 60
—Brussels Papers, Jan. 15.
A USTRTA N FUNEts.—VrEwNA, JAN. 7
Five per Cents. .......
Foal- per Cent:. .....................
...................... . 101%
Bank Shares
Three per Cents.
1542
—4llgemeirteZeitung, Jan.l2.

LUNATICS' FRIEND SOCIETY

TO THE EDITOR OF THE SUN.
Slit,— I have the greatest pleasure in informing you that I
have this day succeeded in holding at my Rooms the first
meeting of a Society for the purpose of taking into considera-
tion the present state of the Law of Lunacy, investigating the
Treatment of Lunatics, and the Abuses of Lunatic Asylums,
and devising a more huniane and rational systenl than that
which now disgraces our country
Knowing as I do from painful experience the gross abomi-
nations of the present system—the cruelties practised under
the guise of friendship, and the inviolable secrecy in which the
perpetration of the blackest deeds is wrapped, I cannot but
hail this event as the happy omen of future good to suffering
thousands, who now pine in hopeless agony in those earthly
hells—Private Lunatic Asylums.
Whose hair is grey, but not with years;
Nor grew it white
In a single night,
As men's have grown from sudden fears :
Whose limbs are bowed, tho' not with toil,
But rusted with a vile repose ;
For they have been a dungeon's spoil,
And theirs has been the fate of those
To whom the goodly earth and air
Are banned and barred—forbidden fare !
A Provisional Committee has been formed for the purpose
of organising the Society, collecting facts, and securing the
assistance of those benevolent individuals who take a particular
interest in this subject. The Committee will for the present
meet every Wednesday, and a public meeting will shortly be
called, at which a petition to Parliament will be submitted to
consideration.

When the plan of the Society is more mature, and a suffi.
cient number of names obtained, I shall be happy to forward
you an account of our proceedings, and a copy of the resolu-
tions passed, which I trust may find a place in your valuable
columns, in which the good cause has been so warmly espoused
In the meantime, any communications of facts and cases,
made to me, will receive due attention, and may be the means
cf promoting the object which the Society have so much a
heart,_l have the honour to be, Sir, your obliged, faithfu
servant, RICHARD PATERNOSTER
46, Haymarket, Jan. 16, 1839.
NI

ONEY AND COMMERCIAL NEWS

CITY (THIS DAY), TWELVE 0' CLOCN.
LIVERPOOL COTTON MARKET OF WEDNESDAY.—The sales
in cotton to-day do not exceed 2,000 bags of all kinds, with-
out change in prices.
Cape of Good Hope Papers have beer, received to Nov. 18
THE HARVIi.ST.—We regret to learn that some difficulty has
already been felt in some places in procuring reapers at thi,.
cad of the colony, and, as the present harvest is close at
hand, should the same deficiency occur generally, all classes
of the community, as well as the farmers, may suffer to a
serious extent.
Incidental notices of the state of the emigrant Boors, lead
us to conclude that their present condition is truly deplorable.
Their numbers have been thinned by disease, their cattle and
sheep are fast disappearing, and on the renewal of hosti-
lities with the natives, their utter destruction seems far from
being improbable. Should they return, in obedience to the
Governor's invitation, they will be received with kindness.
Hobart Town Papers received to the 15th Sept. :
In this colony an alarm has been sounded at the decrease
of our revenue, and yet it will be found that the deficiency
here, in proportion to the population, forms no comparison
wit% the deficiency in New South Wales, which amounts to no
less a sum than 100,7981. 6s. 4d.
Launceston Paper, arrived to the 3d August.—The pro-
ceedings in Council since our last, have been of little imme-
diate interest; several late English Acts have been extended
to the colony. We believe the Council breaks up this week."
We have received Penang Gazettes to the 19th August :
The Orestes arrived hero yesterday, from Madras. We
observe that the transport-barque Star, with the detachment of
the 48th Regiment, under the command of Lieutenant Lang,
had arrived at Madras, all well.
(From the Penang Price Current of ISth August.)
IMPORTS FROM EUROPE.
COTTON MANUFACTURES..—.Large imports during the week,
from Singapore, of British cottons, as well as American shirt-
ings; but we have not heard of any sales of importance during
the week.
Excuatenes—We hear of sales of 1,700/. sterling of first.
rate bills on England, at two months' sight, at 4s. 20. per dol.
The only arrival this morning of consequence is that from
Belgium, which appears to be of a very war-like description.
The Dutch as well as the Belgian armies are in movement.
Infantry, cavalry, and artillery, both Dutch and Belgians, are
proceeding from all quarters to the frontiers ; still it is the
prevailing opinion that not a gun will be fired on either side.
Consols o ened this morning at the closing prices of ves
i -
day, at 92i Money, ex. div.; for Account, 92i 93 ; Ex-
chequer Bills 67 69; India Bonds 63 65; Bank Stock 2021
203 ; Spanish improved, 184; Portuguese Stock closed at
35i
Cents., improyed to 36/'
1- ; Dutch Two-and-a- Half per
, 54if ; Belgian 99i • Colombian 294.
PRICES OF STOCKS THIS 'DAY AT ONE O'CLOCK.
Bank Stock tlit'.2,4 3 2,4 ; India Stock
7%
3 per Cent. Red.
• 93.)t, t, ; Ditto Bonds
per Cent Con. 9 )li% : Sou' li Sea Stock 31.4 per Cent , Old Annuities ............. ........
Ditto--
Red. 100%44 ; New Ditto
New 334 per Cent IOON% ; 3 per Cent. Annuities, 1751...
New 5 per Cent.
Bank Long A nnuities toexpire
Jan. 5, 1860 !Ditto ' 'SOO
15 14 15-16 Ditto Small 67 70 pm
Oct. 10, 1859. l4 13-167 Ditto Commercial pm.J.,..n. 5, 1860
Jan. 5, 1881 —__...' Bank Stock for Account
April 5, I SS(3 ---• India Stock for Account ... ..
Jan. 5, 1870 — Consols for Account 92'i, 3
PRICES OF FOREIGN FUNDS THIS DAY AT ONE O'CLOCK.
Austrian Bonds Peruvinn Bonds — Belgian Bonds
Ditto Account
Brazilian Bonds
Ditto Account
Buenos Ayres Bonds
Ditto Account
Chilian Bonds
I) tto Account
Colombian Bonds 2 4 Ditto Account
Ditto Account
Columbian Bonds, 1824 Spanish Bonds .
Ditto Account 29.74414 Ditto Account
Danish Bonds
Ditto Account Ditto Account. " ..18:1,i1A %
Greek Bonds — French, 5 per cent. ...... ... —f. —c.
Ditto Bonds, 1825 -- 4 per cent.
Ditto Account -- 3 per cent.
Mexican Bonds, 5 per Cent.... --- Exchange.
Ditto, 6 per Cent 2514 Ditto Account
Neapol s.pi,
Dittoitan Account
i Ditto Account
PRICES OF SHARES THIS DAY AT ONE O'CLOCK
aid Per Share.
Brazilian Imperial Mining Co. (issued at 5/. pm ) P
20
Ditto Maclubas Cocaes 25 111,;
Cobre Copper.
Fttlyinnev Iron Mining Company 55 31h
East. r, Counties Railway .. 13
Great Western Railway Company 65 783
Brighton Itailwav
Anti Dryrot Company
British North American Bank" 25 21%
Canady Company 3O ..'5,,.i
HALF-PAST ONE.
(From the Belgian Observateur.)
The following is an extract from a correspondent on the
frontier :—" For these two days past a great movement is
operating day and night in the Dutch army, which appears
to be concentrating on the Belgian frontier. The
troops which left the principal points of Holland are
most part of them already arrived at the Dutch head-quarters,
at Filbourg, where an extraordinary activity prevails since
Friday last, the Grenadiers and three squadrons of heavy ca-
valry wore passed in review by the Prince of Orange the
moment they arrived there. They expect at Filbourg, from
Breda, several light batallions of artillery.
Yesterday was settling day in the British Market ; and this
is pay day for the differences of the various accounts adjusted
yesterday, which is also going on well.
By the ship Favourite, arrived at Swansea, letters to the
end of September have been received from Lima. The above
vessel left Callao on the sth of October, but she brings no
news of importance. The state of affairs in Peru at the time
of her sailing was much the same as reported by the previous
arrivals, by way of Valpariso.
Consols for Money are not quite so good as in the early
part of the day, when they were 92-4, at present 921 ; for Ac-
count, 924 93. Exchequer Bills, 67 69 ; India Bonds, 64;
Bank Stock, 2021 ; India Stock, 2564 257+.
In the Foreign Market more business than usual has been
doing. Portuguese Stock reached in the morning 36/, but
are not so good at present, 36i. Three per Cents., 231 ;
Colombian reached 29k, not so good, 29+; Mexican, 25 ;
inp e rt
the Danish, 75-1-; Dutch Two-and-a-Half per Cents, a4l ; Five
In Shares very little doing; prices much the same as efnotrse.n,oloon Spanish, 2. Maonsitsho,fltBhic.Foreign Funds are lower than
yes-
terday.

For theG /gig, made up from the Returns of the
CORN AVERAGES.
GENERAL AenLd.A.IVLR.AXE PRICES OF BRITISH CORN,
Inspectors in the different Cities and Towns in Englarhl and Wales, per
Imperial Quarter.
Wheat Bls Ed. 1 Oats
Barley
IMPERIAL AGGREGATE AVERAGES OF THE !..T,X WEEKS
rItEcEDING.

Wheat vs. sd, 1 Oats ......... 265: 01 1 Beans 41s. sd.
Barley 37, 3J 1 Rye
DUTIES ON FOREIGN CORN.
Wheat .. ...... Is.
pd. I Oats ......... 7s. W. Beans ss Qd
Barley tis. 'ld. I lit"

THE MARKETS.--(THIS DAY.)
CITY AND HUNGERFORD FISH MARKETS.
The supplies were better to-day, but prices were not lower.
INDIGO SALE.—THIRD DAY.
This sale progresses with spirit, and prices continue Is. to Is. 6d. per
lb higher than those of last sale. Up to the present time about 22,000
chests have passed the hammer, about half of which have sold.
COLONIAL MARKET.
There is not quite so much spirit in the Market as there was; indeed,
the demand may be said to have come to a sort of pause.

T
DEATH OF MR. STIRLING—
NG, THE VENERABLE
CORONER FOR MIDDLESEX.—A few minutes after two o'clock
this
waso
Stirling,lec E the venerable Coroner
for the Western Division of the county of Middlesex, died, at
Grove House, Battersea. The sad event has been anticipated
forsome mornii
days. He Thomas
elected Coroner in March, 1816,
after a severe contest with Messrs. Gude and Taylor. Mr.
ig
Stirling is said to have been in his 94th year.
MEETING AT WANDSWORTH IN FAVOUR OF
UNIVERSAL SUFFRAGE.—A public meeting of the Wands-
worth Working Men's Association was held the night before last
at the Crown Tavern, Wandsworth, and was numerously attend•
ed. Resolutions in favour of Universal Suffrage and deprecating
Household Suffrage were unanimously agreed to, but we can-
net h,lci reora for t:;, rf..po-rt. of the several speeches by which
the resolutions were supported. If eloquence be a test of
abilities, we may, however, remark, that the working men are
admirably qualified to possess the rights they demand.

QUEEN'S BENCH.-(THIS DAY.)

TDB ciDEEN V. THE MAGISTRATES OF MIDDLESEX.
The ATTORNEY-GENERAL said he had a motion to make in a short
matter in the case of the Queen v. the Magistrates of Middlesex; and
as the Magistrates were to meet to-day, it was of the greatest importance
that they should receive the directions of that Court. A rate for the
county of Middlesex had been made by them in October, 1836; and
there was an appeal against that rate by the parish of St. George,
Henoesessquere, trot on the ground of its inequality, but on the ground
that there shouid have been a suspensive clause introduced until the
balance in the treasurer's hands had been teduced. The appeal cams
before the Sessions in January, 1837 ; and the Sessions dismissed it,
subject to the opinion of the Court of Queen's Bench, on the facts
state,; ; and they directed that if the Court was of opinion that under
all the circumstances the appellants were entitled to relief under the third
objection, then they would alter and amend the rate according to the
provisions of the 3d of Geo. IV., by changing the date from October
the 27th40 November I Oth. A certiorari was obtained on the part of
the appellants not to remove the rate, but to remove this special case,
and a rule nisi was obtained by them to show cause, not why the rate
should be quashed, but why the order of sessions should not be quashed.
The case came before the Court about the middle of last term, and the
Court came to the conclusion to which, of course, the Magistrates
bowed, that the rate had been improperly made, there being a proviso
in the Act of Parliament, that until the balance of the old rate in the
hands of the treasurer was less than two-thirds, there should be a clause
introduced to suspend the levy of the new rate. The Court was of
opinion that the proper time to ascertain the balance in the treasurer's
hands was when the accounts were audited, and not at the time of
making the rate. On that ground their Lordships had made the rule
absolute for quashing the order of Sessions. The appellants then went
hack to the Sessions, and made a motion to quash the rate, but the
Sessions refused, saying it was impossible—that they had no jurisdic.
tion, no continuances having been entered, and there could not be
unless by a mandamus from that Court. Then came an application to
their Lordships for a mandamus to the Middlesex Magistrates that they
shall now enter continuances in the appeal against the County.rate,
which is virtually an order to the Sessions to quash that rate. He
wou'd contend that, in the first place, the application was frivolous and
unnecessary, the party having no interest in making it. The Court
was aware that by the 12th of Geo. 11., before there could be an ap-
peal the rate was to be paid, and then there might be an appeal. If the
Court quashed the rate, a new one would be immediately made.
What benefit, therefore, could arise to theappellants. The Magistrates,
however, had no interest, or no wish upon the subject, they
were merely anxious to take the directions of that Court, and they
would be strictly governed by it. In the present case, however, they
were asked to do what they had no power to do.
Lord DENMAN—Did they give any judgment
The ATTORNEY-GENERAL—They refused to quash the rate; and I
shall presently show your Lordships that they could not do so. The
application of the appellants was to bring up the order of Sessions, and
not the rate itself, and he apprehended that a mandamus was to order
that to be done which they had no power to do. That was the first
difficulty in which the Magistrates were placed, A mandamus was
granted to the Court of Quarter Sessions to hear, but not to determine,
because their Lordships could not dictate what the judgment
of the Magistrates should be. In the present case what did the
appellants ask. Not that the Court should call upon the Sessions
to hear, for that they had already done, but to decide. He could not
see upon what principle the Court could assent to it. Then another
ground of his objection was, that the question arose out of the ladies of
of the appellants themselves, for they ought to have removed the rate
as men as the case, in which case the Court would have had jurisdiction.
By the 18th section of the 12th of George 11., a provision was made
for removing the rate by writ of certiorari, in which case your Lord_
ships would have had it judicially before them, and if they thought
proper might have ordered it to be quashed. But if it had
been quashed by any other authority, actions might have been
brought against the parties who had collected any money under
that rate previous to its being quashed. These were the grounds upon
which he submitted that the mandamus ought not to go. Having stated to
their Lordships the difficulty in which the Magistrates were placed,
and the objections that presented themselves to the mandamus, he had
thew his duty. The Magistrates were only solicitous to bow to the
decision of the Court, and to construe the law according to its decision.
Mr. PRENDERGAsT, on the same side, said the decision of the Court
turned upon this point, not that theiate was illegal, but that it ought
to have contained a restrictive clause, It was clear that this point was
no longer of importance to the parishioners, for although it might not
have been improper to collect the rate then, it was proper to collect
it now, and, therefore, so far as the general justice of the
case went, the parties had no pretence fur applying to the Court.
Your Lordships were aware that as soon as three fourths of the former
rate had been expended, the Sessions had the power to take off the re-
strictive clause. The only object the appellants could have was, to set
the matter right on future occasions, and they had therefore got all they
wished for in obtaining that decision The Learned Attorney-General
had directed their attention to the clause which provided that if the
rate was quashed by any other in certiorari, actions might be brought
against any parties who had collected money under that rate. The de-
cision of their Lordships, therefore, would be productive of very
serious consequences. According to the provisions of the Local
Act, the Justices were authorised to hear and determine,
or to quash, alter, or amend, the rate appealed against,
or give such other relief as might seem fit to them. Now he appre-
hended that there was a clear discretionary power in the Magistrates
either to alter or amend the rate or to quash it. But, if the Court
granted the mandamus, it would be directed to the Justices to do a le-
gislative act. It was quite clear there was no just ground of com-
plaint against the rate. The mere complaint was that the collection
ought to have been suspended ; and, if the adding of the clause now is
nugatory, the present application is equally so.
Mr. BODKIN, for the appellants, said that complaint had been made
that on a former occasion he, Mr. Bodkin, intimated that the Justices
were trying to evade their Lordships' judgment. The Learned Attor-
ney-General, however had not noticed that after the last meeting of
the Justices, the result of the decision of the Court had been communi-
cated, and because that did not in terms quash the rate, that they would
not do it, and that was stated publicly at their meeting. That was
why the present question had been raised before their Lordships, the
order having been declared illegal, it was thought as a natural conse-
quence that the Justices would have quashed the rate. But the
Justices having_ held a meeting, where it was said that i❑
consequence of the form of the rule they did not intend
to quash the rate, or put the county to any inconvenience,
the appellants were compelled to come to that Court as the only mode
by which they could obtain a remedy. Three objections had been taken
to the present mule. First, that the Justices had no power to quash
the rate at the Cane the application was made, and then there was an_
other &ejection that it was not usual far that Court to dictate the judg-
ment to be given by the Court below. Perhaps not in ordinary cases,
but in the present case the parties were sitting, not merely as judges,
but as parties to the inquiry, and if the Court thought that justice could
not be obtained without the rule, if not in the present form, at least in
some other, then they would, he apprehended, have no difficulty in
making it absolute.
Mr. Justice Comatose—Why not bring up the rate ?
Mr. BODKlN—Probably if it had been brought up the Court would
not have had the power to quash it, because it depended upon the word-
ing of the case.
Lord DENmAN—We might have done what we thought right.
Mr. &mare—There was nothing on the face of the rate to show that
it was bad, and he thought the objection of not bringing it up, came with
a bad grace from the other side. Their Lordships would recollect that
several points were brought under the consideration of the Court upon
the special case granted by the Justices, but they were not to go into
the Court, having decided that the rate was substantially bad, there
being more than three-fourths of the former rate in the Treasurer's
hands. The great principle upon which writ of mandamus issued was
where a wrong was committed, without any other remedy, and that was
the case of the appellants. They had paid a large sum, upwards of
1,0001. upon a rate which their Lordships had decided to be bad.
Mr. Justice LITTLEDALE—But you are not prejudiced by that. You
wou'd have to pay it out of the next rate.
Mr. Bons ter--No ; for there was another point raised, as to whether
money charged to the Lunatic Asylum should have been introduced
into the county rate or not. If the Court was of opinion that these
sums should not have been included, it would make a considerable dif-
ference to the appellant party. They were therefore prejudiced in that
respect. There was an express power to charge a certain portion of the
sum paid to the Lunatic Asylum upon the owners of property, and
therefore the appellants were prejudiced to that extent. They were
prejudiced also as to the costs of their appeal, and on these grounds he
submitted that the rule ought to have been made absolute.
Mr. DOANE followed on the same side, and contended at some length
that the Court having decided that the order of Session must be
quashed, had virtually decided that the rate shoud have been quashed.
The Learned Gentleman cited several authorities in support of this view
of the case, and concluded by observing that if the Magistrates would
not do what they were legally authorised to do, that Court had the
power, and ought to compel them to do it.
The Comte having conferred together for some time,
Lord DENMAN said that they were in hopes they could have brought
the case within the 18th section of the 12th of George 11., but it was
c'ear they could not do so. If they directed the rate to be quashed,
they would certainly expose parties to actions at law, even if the man-
damus went on altered terms, the effect would be the same, and the
same bad consequences would arise. Had the parties brought up the
rate they might have been able to do it, but not having done so, the
rule for the mandamus must be discharged.
The other Judges expressed the same opinion.
GEARY V. HARVEY ESQ., M.P.
The ATTORNEY-GENERAL had been instructed in this case to move
for a rule to show cause why the verdict for the defendant should not
be set aside and a new trial had. It was an action of assumpsit on a
special contract, tried before Lord Denman in the sittings of last term.
The defendant was the proprietor of the True Sun Newspaper, and the
plaintiff, Mr. Geary, a reporter, who had been engaged by him as a
Parliamentary reporter for that paper. The declaration alleged that in
October 1837 the plaintiff' was engaged in that capacity for the whole of
the then ensuing session of Parliament at a salary of threeguineas a-week,
that salary was to be paid during the Session. It appeared in evidence,
that fifty guineas were paid into Court on the plea that the plaintiff had
not sustained damage beyond that amount. The question, therefore,
for the Jury was the amount of the damage. It appeared also in evi-
dence, that the plaintiff had been engaged on the terms stated in the
declaration in October, 1837. The Session began on the 15th of No.
vember in that year, and on the 16th of December, the defendant gave
notice to the plaintiff that he was not to be continued in his employment
after the 23d of that month. This was in consequence of the defen-
dant having, in the mean time, sold the Newspaper called the True
Sun to the proprietor of The Sun. The plaintiff was dismissed,
but the Session was continued to the 16th of August, and the action
was commenced on the 10th of January, 1838. At the trial which
took pace after the conclusion of the session it was proved that the ses-
sion continued down to the 16th of August, and that, unless the con_
tract had been broken on the part of the defendant, the plaintiff would
have been entitled to his salary up to that time. The plaintiff sent in
his claim for the sum of 1071. 25., and taking the fifty guineas paid into
Court, there would then be a balance due to the plaintiff of
541. 12s. The question chiefly depended upon what deduc-
tions should be made in respect of the plaintiff not having been
called upon to do the duty which lie would have been obliged
to have performed if he had continued in the service; but the Learned
Judge in his summing up told the Jury that if the action had been
commenced after the termination of the session, then the plaintiffmight
have been entitled to have relied upon the evidence he had with re-
spect to the duration of the session, but the action having commenced
while the session was pending, the Jury were only to look to the pro-
bable length of the session, and not to its actual period of existence.
Now from that direction he (the Attorney-General) begged leave to
except ; because, as the fact had been ascertained before
the trial, although it was contingent at the time the action
was commenced, it could be put in proof. He (the Attorney.
General) confidently submitted that the plaintiff was in the
same situation as if lie had brought the action after the termination of
the Session, because the cause of action was the same, namely, the
plaintiff's dismissal during the term for which he was employed. This
was the only action that could be brought, as no fresh one could be sus-
tained after the Session had terminated ; and therefore it was clear that
the plaintiff was entitled to recover all he had a right to In the present
action. He would lay it down as a general rule, that where the
Jury were to ascertain the amount of damages arising from
any injury, they might not receive evidence of any fresh da-
mage ascertained, but they might receive evidence of acts subsequently
accruing between the time of bringing the action and the trial. In
support of that preposition he would put this case—suppose an action
had been brought for a nuisance, whereby the plaintiff's health had been
injured; the leaiiitsff then might surely give in evidence the state of his
health to show the damage he had sustained by that nuisance.
Mr. Justice LirrLEDALE—Do you say that he is entitled to recover
the whole of the 107/. ?

S li pi

The ATTORNEY-GENERAL—No, I do not
that it was for the Jury to say what deductiot
Lord DENMAN—The plaintiff might have
mean time. The real question is, whether pet
mencement of the action is the period at which the Jury are to Calcu.
late the damage.
The ATTORNEY-GENERAL would put another case. Supposing an
action had been brought by a person who had broken his limb, he allegesin
the declaration theinjury he has suffered, and that from it he is likely to
lose the use of his limb, upon such a case would he not be at liberty to
give evidence of the state of his health and his limb up to the time of
the trial?
Lord DENMAN—That is evidence of the extent of injury then sus..
tained.
The ATTORNEY-GENERAL would suppose further, that the plaintiff
had had his leg amputated between the commencement of the action and
the trial, could not he then have put that in evidence?
Lord DENmAN—Certainly ; but, then, could you recover the sur.
geota's bill ?

The ATTORNEY-GENERAL—Certainly not; but it might be made the
subject of special damage, which cannot be the case here. He would
suppose the limb restored and the plaintiff came to that Court, would
he would ask, be entitled to call surgeons to prove that it was possi-
ble he might have lost a limb.

Lord DENMAN—A party bringing an action cannot have the choice
of getting the real as well as the probable damage.
The ATTORNEY-GENERAL would put anothcr case. Would it not be
com; etent for the defendant, if, subsequently to bringing the action, the
plaintiffhad obtained another engagement equal to the salary he was
to receive from the defendant, to have pnt that in evidence, in order to
the diminution of the damages ; and if he could, surely, on the prin-
ciple of reciprocity, the plaintiff would be entitled to tender similar
evidence.

Lord DENMAN—The question with me is, whether you are entitled to
that reciprocity, when you bring an action for an uncertain amount,
which is to be made certain in a certain event f
Mr. Justice LITTLEDALE—This case is very different from personal
Injury.

The ATTORNEY-GENERAL—The plaintiff did not in the present case
allege any special damage subsequent to the commencement of
the action, but he complained of a contract being broken, by which he
had lost the profits he would otherwise have received. It the contract
had not been broken the plaintiff would have received the amount
he required. He submitted to the Court that in all cases of
the nature of the present, where actions were brought for a
direct injury on both sides, any facts might be given in evidence which
had accrued between the bringing of the action and the day of trial. It
was admitted to him that it might be done by the defendant, and be
could not conceive why the plaintiff should not have the same justice
d call out to him.

Lord DENMAN, after consulting with the other Judges, said they
wished to consider the subject before they decided whether they would
grant the rule nisi or not.

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